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2007 City Council Official Proceedings Book 137~ ~~ ~~ ~C ~ ~ PETITE NUIT . ~' OFFICIAL PROCEEDINGS of the CITY COUNCIL for the CITY OF DUBUQUE, IOWA ~ ~ - 2007 - ~~ Approved December 15, 2008 Recorded and prepared by Jeanne F. Schneider, CMC, City Clerk and Kevin S. Firnstahl, Assistant City Clerk CITY OFFICERS FOR THE YEAR 2007 ROY D. BUOL MAYOR COUNCIL MEMBERS ANN E. MICHALSKI ................ COUNCIL MEMBER AT-LARGE RIC W. JONES ....................... COUNCIL MEMBER AT-LARGE KEVIN J. LYNCH ................. COUNCIL MEMBER FIRST WARD KARLA A. BRAIG ............. COUNCIL MEMBER SECOND WARD JOYCE E. CONNORS .......... COUNCIL MEMBER THIRD WARD PATRICIA A. CLINE.......... COUNCIL MEMBER FOURTH WARD CITY OFFICERS FOR THE YEAR 2007 COUNCIL APPOINTEES CITY MANAGER .................................................................... MICHAEL C. VAN MILLIGEN CITY CLERK .................................................................................JEANNE F. SCHNEIDER CITY ATTORNEY ................................................................................ BARRY A. LINDAHL DEPARTMENT MANAGERS ASSISTANT CITY MANAGER ................................................ CYNTHIA M. STEINHAUSER AIRPORT MANAGER .....................................................................ROBERTA. GRIERSON BUDGET DIRECTOR .....................................................................JENNIFER M. CARSON BUILDING SERVICES MANAGER ..................................................RICHARD R. RUSSELL CITY ENGINEER GUS N. PSIHOYOS ECONOMIC DEVELOPMENT DIRECTOR ................................................. DAVID J. HEIAR FINANCE DIRECTOR .......................................................................KENNETH J. TEKIPPE FIRE CHIEF ...........................................................................................E. DANIEL BROWN HOUSING AND COMMUNITY DEVELOPMENT DIRECTOR ................. DAVID W. HARRIS HUMAN RIGHTS DIRECTOR KELLY R. CARSON INFORMATION SERVICES ...................................................... CHRISTINE A. KOHLMANN LEISURE SERVICES MANAGER ................... ............................................. GIL D. SPENCE LIBRARY DIRECTOR ..................................... ...................................SUSAN A. HENRICKS PERSONNEL MANAGER ............................... ...................................... RANDALL K. PECK PLANNING SERVICES MANAGER ............... ..................................LAURA B. CARSTENS POLICE CHIEF ............................................... ..........................................KIM B. WADDING PUBLIC HEALTH SPECIALIST ...................... ............................. MARY ROSE CORRIGAN PUBLIC WORKS DIRECTOR ......................... .........................................DONALD J. VOGT WATER DEPARTMENT MANAGER .............. ......................................ROBERT M. GREEN WATER POLLUTION CONTROL MANAGER ................................ JONATHAN R. BROWN Regular meetings of the City Council were held on the first and third Mondays of each month at 6:30 p.m. in the Public Library Auditorium. Council Chambers moved to the Historic Federal Building September 17, 2007. Book 137 Regular Session, January 3, 2007 CITY OF DUBUQUE, IOWA CITY COUNCIL OFFICIAL PROCEEDINGS City Council Regular Session, January 3, 2007 Council met at 6:30 PM in the Public Library Auditorium Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski, City Manager Van Milligen, City Attorney Lin- dahl. Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of discussing such matters which may properly come before the Council. Invocation was given by Reverend Joseph O'Brien, Archdiocese of Dubuque Proclamation: Martin Luther King, Jr. Days (January 14 and 15, 2007) received by Nicole Kuhlmann CONSENT ITEMS Minutes and Reports Submitted: City Council of 12/18 and 12/19; Library Board of Trustees of 11/16; Park and Recreation Commission of 12/12; Transit Board of 12/15, presented and read. Cline moved that the minutes be received and filed. Seconded by Lynch. Motion carried 7- 0. Library Board of Trustees Update from De- cember 16, 2006 Meeting, presented and read. Cline moved that the communication be re- ceived and filed. Seconded by Lynch. Motion carried 7-0. Proof of publication of City Council Proceed- ings of December 4, 2006, presented and read. Cline moved that the proof be received and filed. Seconded by Lynch. Motion carried 7-0. Notice of Claims/Suits: Thomas Schaefer for property damage; Keith R. Wieland for property damage, presented and read. Cline moved that the communication be received and filed and referred to the City Attorney. Seconded by Lynch. Motion carried 7-0. City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Com- munities Assurance Pool: Troy Lampers for ve- hicle damage; Kathryn Rupp for vehicle dam- age; Keith Weiland for property damage, pre- sented and read. Cline moved that the commu- nications be received and filed and concurred. Seconded by Lynch. Motion carried 7-0. Purchase of Property: City Attorney recom- mending acceptance of the deed for property recently purchased by the City from Greg and Peggy Stover, presented and read. Cline moved that the communication be received and filed. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 1-07 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM GREGORY JON STOVER AND PEGGY E. STOVER Whereas, the City of Dubuque entered into an Agreement with Gregory Jon Stover and Peggy E. Stover for the purchase of the follow- ing described real property in Dubuque County, Iowa: The Easterly 115 feet of Lot 760, Lot 760A, and Lot 776B, all in McDaniel's Subdivi- sion of Town Lots in the City of Dubuque, Iowa, according to the recorded plat thereof, subject to easements of record; and Whereas, the terms of the Agreement have now been met. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The City of Dubuque hereby ac- cepts the Deed from Gregory Jon Stover and Peggy E. Stover, attached hereto; and Section 2. The City Clerk is hereby autho- rized and directed to record this Resolution and the Deed with the Dubuque County Recorder. Passed, approved and adopted this 3rd day of January. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of Resolution. Seconded by Lynch. Motion carried 7-0. Horizon Development Group, LLC - Certifi- cate of Completion: City Manager recommend- ing approval of the issuance of a Certificate of Completion for Horizon Development Group, LLC (Cartegraph Building) in the Dubuque Technology Park, presented and read. Cline moved that the communication be received and filed and approve recommendation. Seconded by Lynch. Motion carried 7-0. McLeodUSA Network Services, Inc.: City Manager recommending approval of the is- suance of a Certificate of Completion for McLeodUSA Network Services, Inc. in the Du- buque Technology Park, presented and read. Cline moved that the communication be re- ceived and filed and approved recommendation. Seconded by Lynch. Motion carried 7-0. Subordination Agreement for Jorja J. Moore: City Manager recommending approval of a sub- ordination agreement to hold a secondary posi- tion with the Downtown Rehabilitation Loan on a mortgage on property located at 890 Iowa Street owned by Jorja Moore with Dupaco Community Credit Union, presented and read. Cline moved Regular Session, January 3, 2007 Book 137 that the communication be received and filed and approved recommendation. Seconded by Lynch. Motion carried 7-0. KeyLine Transit Trustee Board: Communica- tion from Michael Sand submitting his resigna- tion from the KeyLine Transit Trustee Board, effective immediately, presented and read. Cline moved that the communication be received and filed and the resignation accepted. Seconded by Lynch. Motion carried 7-0. Cline moved adoption of Resolution. Seconded by Lynch. Motion carried 7-0. Purchase of Property - 2227 Elm Street: City Manager recommending approval of the pur- chase of a residential dwelling located at 2227 Elm Street as a part of the acquisition program associated with the Bee Branch Creek Restora- tion Project, presented and read. Cline moved that the communication be received and filed. Seconded by Lynch. Motion carried 7-0. Purchase of Property - 1924 Kniest Street: City Manager recommending approval of the purchase of a residential dwelling located at 1924 Kniest Street as a part of the acquisition program associated with the Bee Branch Creek Restoration Project, presented and read. Cline moved that the communication be received and filed. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 2-07 APPROVING THE ACQUISITION OF REAL ESTATE LOCATED AT 1924 KNIEST STREET, IN THE CITY OF DUBUQUE WHEREAS, the City of Dubuque intends to acquire certain properties located in the area of the Bee Branch Creek Restoration Project for storm water mitigation activities as recommend- ed in the 2001 HDR "Drainage Basin Master Plan;" and WHEREAS, a purchase agreement has been finalized with the owner of the ninth prop- erty scheduled for acquisition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the City of Dubuque hereby approves the acquisition of the following legally described property: Lot 2 of the Subdivision of "A-1 Industrial Block" in the City of Dubuque, Iowa ,according to the recorded Plats thereof. Subject to easements of record. At the cost of Fifty-eight thousand dollars ($58, 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 hereby au- thorized and directed to cause said Quit Claim Deed to be recorded in the office of the Dubu- que County Recorder, together with certified copy of the Resolution. Section 4. That the City Clerk be hereby di- rected to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. Passed, approved and adopted this 3rd day of January, 2007. Roy D. Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk RESOLUTION NO. 3-07 A RESOLUTION APPROVING THE ACQUISI- TION OF REAL ESTATE LOCATED AT 2227 ELM 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 storm water mitigation activities as recommend- ed in the 2001 HDR "Drainage Basin Master Plan;" and WHEREAS, a purchase agreement has been finalized with the owner of the tenth prop- erty scheduled for acquisition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the City of Dubuque hereby approves the acquisition of the following legally described property: Lot 2 of the South one-half of Lot 1 of Lot 3 of Lot 102 in L.H. Langworthy's Addition, in the City of Dubuque, Iowa, subject to easements of record, according to the Plat the- reof in Book of Plats #30, page 388, records of Dubuque County, Iowa, at the cost of Seventy- five thousand eight hundred dollars ($75,800). 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 she is hereby authorized a 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 hereby di- rected to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. Passed, approved and adopted this 3rd day of January, 2007. Roy D. Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk Cline moved the adoption of Resolution. Seconded by Lynch. Motion carried 7-0. Purchase of Property - 2263 Prince Street: City Manager recommending approval of the purchase of a residential dwelling located at 2263 Prince Street as a part of the acquisition program associated with the Bee Branch Creek Restoration Project, presented and read. Cline Book 137 Regular Session, January 3, 2007 moved that the communication be received and filed. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 4-07 A RESOLUTION APPROVING THE ACQUISI- TION OF REAL ESTATE LOCATED AT 2263 PRINCE STREET, IN THE CITY OF DUBUQUE WHEREAS, the City of Dubuque intends to acquire certain properties located in the area of the Bee Branch Creek Restoration Project for storm water mitigation activities as recommend- ed in the 2001 HDR "Drainage Basin Master Plan;" and WHEREAS, a purchase agreement has been finalized with the owner of the eleventh property scheduled for acquisition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the City of Dubuque hereby approves the acquisition of the following legally described property: The South '/2 of Lot 54 in Sanford Subdivision, City of Dubuque, Iowa, according to the recorded plat thereof. At the cost of Thirty-two thousand dollars ($32,000). 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 hereby au- thorized and directed to cause said Quit Claim Deed to be recorded in the office of the Dubu- que County Recorder, together with certified copy of the Resolution. Section 4. That the City Clerk be hereby di- rected to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. Passed, approved and adopted this 3rd day of January, 2007. Roy D. Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk Cline moved adoption of Resolution. Seconded by Lynch. Motion carried 7-0. A.Y. McDonald Park, Phase II Project: City Manager recommending acceptance of the A.Y. McDonald Park, Phase II Project as completed by Portzen Construction in the final contract amount of $861,760.59, presented and read. Cline moved that the communication be re- ceived and filed. Seconded by Lynch. Motion carried 7-0 RESOLUTION NO. 5-07 ACCEPTING IMPROVEMENT WHEREAS, the contract for the A.Y. McDo- nald Park Development, Phase II Project has been completed and the City Manager has ex- amined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifica- tions and recommends its acceptance. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: 1. That the recommendation of the City Manager be approved and that said improve- ment be 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 3rd day of January, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of Resolution. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 6-07 FINAL ESTIMATE WHEREAS, the contract for the A.Y. McDo- nald Park Development, Phase II Project has been completed and the Engineer has submitted his final estimate showing the cost thereof in- cluding the cost of estimates, notices and in- spection and all miscellaneous costs; NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $861,760.59, and the said amount shall be paid from the General Fund of the City of Dubuque, Iowa. Passed, approved and adopted this 3rd day of January, 2 007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of Resolution. Seconded by Lynch. Motion carried 7-0. Substance Abuse Services Center: Commu- nication from Diane K. Thomas, Executive Direc- tor -Substance Abuse Services Center, re- questing City of Dubuque financial support for Fiscal Year 2007, presented and read. Cline moved that the communication be received and filed and referred to the City Manager. Seconded by Lynch. Motion carried 7-0. Iowa Independent Automobile Dealers Asso- ciation: Communication from the Iowa Indepen- dent Automobile Dealers Association providing information on the issue of "curbstoning" and the problem it causes for both new and used car dealers, presented and read. Michalski moved that the communication be received and filed and referred to City Manager. Seconded by Connors. Motion carried 7-0. Iowa Department of Transportation: Com- munication from the Iowa Department of Trans- portation advising that IDOT proposes to let a PCC (Portland Cement Concrete) patching 4 Regular Session, January 3, 2007 Book 137 project located on Iowa 32 (Northwest Arterial) from the junction with US 20 northeasterly to the junction with JFK Road, presented and read. Cline moved that the communication be re- ceived and filed. Seconded by Lynch. Motion carried 7-0. U.S. Department of Housing and Urban De- velopment: Communication from the U.S. De- partment of Housing and Urban Development advising that the City of Dubuque has exceeded the production goals in all areas of the Lead Hazard Control Grant Program, presented and read. Michalski moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. Citizens need to know how well the City has done with health and housing. Heller Family Realty Company, LLC - Certif- icate of Completion: City Manager recommend- ing approval of the issuance of a Certificate of Completion for Heller Family Realty Company, LLC (Tri-States Industries) in the Dubuque In- dustrial Center West, presented and read. Cline moved that the communication be received and filed and approved recommendation. Seconded by Lynch. Motion carried 7-0. Mines of Spain State Recreation Area: Communication from Wayne Buchholtz, Park Ranger for the Mines of Spain State Recreation Area, requesting support for the renaming of Mar Jo Quarry Road to Mines of Spain Road, presented and read. Cline moved that communi- cation be received and filed and referred to City Manager. Seconded by Lynch. Motion carried 7- 0. Signed Contracts: -City Hall First Floor Re- stroom Renovations -Change Order #1, pre- sented and read. Cline moved that the contracts be received and filed. Seconded by Lynch. Mo- tion carried 7-0. Improvement Contracts / Performance, Payment and Maintenance Bonds: -- Port of Dubuque Storm Sewer Extension -Phase V Project, presented and read. Cline moved that the contracts be received and filed. Seconded by Lynch. Motion carried 7-0. Business Licenses: City Manager recom- mending approval of annual liquor license re- newals as submitted, presented and read. Cline moved that the communication be received and filed. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 7-07 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and ap- proved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State Laws and all City Ordin- ances relevant thereto and they have filed prop- er bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the Manager be authorized to cause to be issued the following named appli- cants aLiquor License: CLASS "B" LIQUOR LICENSE WCB Hotels, Inc., Hoffman House/3100 Club+(Sunday/Outdoor Sale), 3100 Dodge. CLASS "C" BEER/LIQUOR LICENSE Breezers Pub Company Breezers Pub+(Sunday Sale), 600 Central CLASS "B" WINE Dubuque Religious Center Inc., Dubuque Religious Center, 923 Main. Passed, approved and adopted this 3rd day of January, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of Resolution. Seconded by Lynch. Motion carried 7-0. ITEMS TO BE SET FOR PUBLIC HEARING Reeder and Lois Street Sanitary Sewer Project: City Manager recommending initiation of the public bidding process for the Reeder and Lois Street Sanitary Sewer Project and that a public hearing be set for February 5, 2007. Lynch moved to adopt Resolution No. 8-07 Pre- liminary approval of plans and Specifications, Resolution No. 9-07 Fixing date of hearing on plans and specifications at a meeting to com- mence at 6:30 PM on 2/5/07 in the public library auditorium and direct the City Clerk to publish notice in the manner prescribed by law, and Resolution No. 10-07 Ordering bids. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 8-07 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Reeder and Lois Street Sanitary Sewer Project, in the estimated amount of $55,094.15 are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 3rd day of January, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Lynch moved adoption of Resolution. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 9-07 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Book 137 Regular Session, January 3, 2007 Whereas, the City Council of the City of Du- buque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection of the Reeder Street and Lois Street Storm Sewer and Sanitary Sewer Reconstruction Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That a public hearing will be held on the 5th day of February, 2007, at 6:30 PM in the Public Library Auditorium at which time interested per- sons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circu- lation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consid- eration. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, adopted and approved this 3rd day of January, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Lynch moved adoption of Resolution. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 10-07 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Reeder and Lois Street Sanitary Sewer Project is hereby ordered to be adver- tised for bids for construction. BE IT FURTHER RESOLVED that 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 ap- proved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to ad- vertise for bids for the construction of the im- provements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than forty-five days prior to the receipt of said bids at 2:00 PM on the 25th day of January, 2007. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 6:30 PM on the 5th day of February, 2007. Passed, adopted and approved this 3rd day of January, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Lynch moved adoption of Resolution. Seconded by Braig. Motion carried 7-0. PUBLIC HEARINGS Michalski moved that the rules be sus- pended to allow anyone present to address the Council. Seconded by Braig. Motion carried 7-0. Request to Vacate -Unnamed Street be- tween 640 and 650 Kane Street: Proof of publi- cation on notice of hearing to consider a request from Tim Schmit II to vacate and purchase an unnamed street between 640 and 650 Kane Street and City Manager recommending ap- proval, presented and read. Cline moved that the communication be received and filed. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 11-07 RESOLUTION APPROVING PLAT OF PRO- POSED VACATED UNNAMED STREET BE- TWEEN 640 AND 650 KANE STREET Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated the 20th day of November, 2006, pre- pared by Buesing & Associates, Inc., describing the proposed vacated unnamed street between 640 and 650 Kane Street; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the plat dated the 20th day of November, 2006, prepared by Buesing & Asso- ciates, Inc., relative to the real estate hereina- bove described be and the same is hereby ap- proved, and the Mayor and City Clerk be and they are hereby authorized and directed to ex- ecute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and is he- reby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 3rd day of January, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of Resolution. Seconded by Braig. Motion carried 7-0 RESOLUTION NO. 12-07 RESOLUTION VACATING AN UNNAMED STREET BETWEEN 640 AND 650 KANE STREET Whereas, Tim Schmit II, has requested the vacating of an unnamed street between 640 and 650 Kane Street; and Whereas, Buesing & Associates, Inc., has prepared and submitted to the City Council a plat showing the vacated unnamed street be- Regular Session, January 3, 2007 Book 137 tween 640 and 650 Kane Street and assigned lots number thereto, which hereinafter shall be known and described as Lots 4A, 4B, and 4C of Kieffer Place in the City of Dubuque, Dubuque County, Iowa; and Whereas, the City Council of the City of Du- buque, Iowa has determined that this an un- named street between 640 and 650 Kane Street is no longer required for public use and vacating of said an unnamed street between 640 and 650 Kane Street, known as Lots 4A, 4B, and 4C of Kieffer Place in the City of Dubuque, Dubuque County, Iowa, should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the real estate described as Lots 4A, 4B, and 4C of Kieffer Place in the City of Dubuque, Dubuque County, Iowa, be and the same is hereby vacated. Passed, approved and adopted this 3rd day of January, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of Resolution. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 13-07 DISPOSING OF CITY INTEREST IN LOTS 4A, 4B, AND 4C OF KIEFFER PLACE IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, pursuant to resolution and pub- lished notice of time and place of hearing, pub- lished in the Telegraph Herald, a newspaper of general circulation published in the City of Du- buque, Iowa on this 22nd day of December, 2006, the City Council of the City of Dubuque, Iowa met on the 3rd day of January, 2007, at 6:30 PM in the Public Library Auditorium, 360 West 11 Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as: Lots 4A, 4B, and 4C of Kieffer Place in the City of Dubuque, Dubuque County, Iowa Whereas, the City Council of the City of Du- buque, Iowa overruled any and all objections, oral or written to the proposal to sell such real estate. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the sale of City of Dubuque real property described as Lot 4A of Kieffer Place in the City of Dubuque, Dubuque County, Iowa, to Irene H. Schueller be and the same is hereby approved for the sum of $300, plus sur- veying, platting, publication and filing fees. Con- veyance shall be by Quit Claim Deed. Section 2. That the sale of City of Dubuque real property described as Lot 4B of Kieffer Place in the City of Dubuque, Dubuque County, Iowa, to Timothy J. Schmit, II aka Timothy J. Schmit, Jr. be and the same is hereby approved for the sum of $300, plus surveying, platting, publication and filing fees. Conveyance shall be by Quit Claim Deed. Section 3. That the sale of City of Dubuque real property described as Lot 4C of Kieffer Place in the City of Dubuque, Dubuque County, Iowa, to Roger H. Lindecker be and the same is hereby approved for the sum of $300, plus sur- veying, platting, publication and filing fees. Con- veyance shall be by Quit Claim Deed. Section 4. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and di- rected to deliver said deed of conveyance to Irene H. Schueller, Timothy J. Schmit, II aka Timothy J. Schmit, Jr., and Roger H. Lindecker, upon receipt of the purchase price in full. Section 5. That the City Clerk be and is he- reby authorized and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and Du- buque County Auditor. Passed, approved and adopted this 3rd day of January, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of Resolution. Seconded by Braig. Motion carried 7-0. Correction Quit Claim Deed: Proof of publi- cation on notice of hearing to consider approval of the Correction Quit Claim Deed for Lot 22 of "Glenview" a Subdivision in the City of Dubuque and disposal of the property with the corrected legal description, presented and read. Connors moved that the communication be received and filed. Seconded by Jones Motion carried 7-0. RESOLUTION NO. 14-07 RESOLUTION DISPOSING OF CITY INTER- EST IN LOT 22 OF "GLENVIEW" A SUBDIVI- SION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, pursuant to resolution and pub- lished notice of time and place of hearing, pub- lished in the Telegraph Herald, a newspaper of general circulation published in the City of Du- buque, Iowa on this 22nd day of November, 2006, the City Council of the City of Dubuque, Iowa met on the 3rd day of January, 2007, at 6:30 PM in the Public Library Auditorium, 360 West 11 Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as: Lot 22 of "Glenview" a Subdivision in the City of Dubuque, Dubuque County, Iowa Whereas, the City Council of the City of Du- buque, Iowa overruled any and all objections, oral or written to the proposal to sell such real estate, except for easement as noted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Book 137 Regular Session, January 3, 2007 Section 1. That the sale of City of Dubuque real property described as Lot 22 of "Glenview" a Subdivision in the City of Dubuque, Dubuque County, Iowa, to John C. and Margaret A. Hen- dry be and the same is hereby approved. Con- veyance shall be by Correction Quit Claim Deed. Section 2. The City of Dubuque reserves un- to itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, televi- sion cable, fiber optics, and electric lines as may be authorized by the City of Dubuque, Iowa. Section 3. That the Mayor be authorized and directed to execute a Correction Quit Claim Deed, and the City Clerk be and is hereby au- thorized and directed to deliver said deed of conveyance to John C. and Margaret A. Hendry. Section 4. That the City Clerk be and is he- reby authorized and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and Du- buque County Auditor. Passed, approved and adopted this 3rd day of January, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Connors moved adoption of Resolution. Seconded by Jones. Motion carried 7-0. Michalski moved that the rules be reinstated limiting discussion to the Council. Seconded by Lynch. Motion carried 7-0. ACTION ITEMS 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 2007, upon motion received and filed. Connors moved that Jones and Braig be reap- pointed to the Operation: New View Board and City Manager Michael Van Milligen stated his designee would be Janet Walker, of the Housing and Community Development Department. Seconded by Cline. Motion carried 7-0. Communication from the Dubuque Racing Association Board of Directors requesting ap- pointment of representatives to the DRA Board of Directors for 2007 (currently Mayor Roy D. Buol, Council Members Kevin Lynch and Ric Jones, and City Manager Michael C. Van Milli- gen), upon motion received and filed. Michalski moved that the current delegates to the Dubu- que Racing Association (DRA) Board of Direc- tors remain the same -Mayor Buol, Council Members Lynch and Jones and City Manager Van Milligen. Seconded by Connors. Motion carried 7-0. Mayor and City Council appointments to var- ious Boards and Commissions, upon motion appointments remained the same. COUNCIL MEMBER REPORTS Michalski shared that she represented City Council at the Kwick Stop party for service members. Jones shared that he would like to welcome the Special Olympics next week. CLOSED SESSION At 6:54 PM Jones moved to go into closed session re: Pending Litigation and Property Ac- quisition -Chapter 21.5(1)(c)(j) 2005 Code of Iowa. Seconded by Braig. Motion carried 7-0. At 7:38 Council reconvened Regular session and stated that staff had been given proper di- rection. There being no further business, upon mo- tion meeting adjourned at 7:39 PM /s/ Jeanne F. Schneider, CMC City Clerk Regular Session, January 16, 2007 Book 137 CITY OF DUBUQUE, IOWA CITY COUNCIL OFFICIAL PROCEEDINGS City Council Regular Session, January 16, 2007 Council met at 6:30 P. M. in the Public Li- brary Auditorium Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski, City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of discussing such matters which may properly come before the Council. Invocation was given by Reverend Ed Sheppley, Immanuel Congregational United Church of Christ. Operation Iraqi Freedom Presentation BU1 (SCW) Brant Schueller -Water Department CONSENT ITEMS Minutes and Reports Submitted: City Council of 1/3; Civil Service Commission of 11/17; En- terprise Zone Commission of 12/18; Historic Preservation Commission of 12/21; Long Range Planning Advisory Commission of 12/20; Zoning Advisory Commission of 1/3; Zoning Board of Adjustment of 12/21, upon motion received and filed. Proofs of publication of City Council Pro- ceedings of December 18, 2006 and List of Claims and Summary of Revenues for month ending November 30, 2006, upon motion re- ceived and filed. Notice of Claims/Suits: Justin Apel for ve- hicle damage, Nancy Lally for vehicle damage, Harold O. Miller for vehicle damage, upon mo- tion received and filed and referred to City Attor- n ey. City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Com- munities Assurance Pool: Nancy Lally for vehicle damage, Thomas Schaefer for property dam- age, upon motion received and filed and con- curred. Civil Service Commission: Civil Service Commission submitting the Certified List for the position of Equipment Mechanic, upon motion received and filed and made a matter of record. January 9, 2007 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 2005 Code of Iowa, an examination for the position of Equipment Mechanic was given on December 21, 2006. We hereby certify that the individuals listed below have passed this written examina- tion and the vacancy for this position should be made from this list and that this list is good for two (2) years from above date. EQUIPMENT MECHANIC Kevin Munson Duane Ernster Daniel Fischer Jerry Halfhill David Morh Adam Leeser Nathan Dillon Robert Moyer Brian Trawle Darren G. Steil Peter Finger Rich Glover Respectfully submitted, Merle Duehr, Chairperson Loras Kluesner, Richard Wertzberger, Civil Service Commission WCB Hotels, Inc.: Notice from WCB Hotels, Inc. (d/b/a Midway Hotel, Hoffman House Res- taurant and 3100 Club) pursuant to the Worker Adjustment and Retraining Notification Act of 1988 of a pending plant closure or layoffs result- ing in covered employment loss, upon motion received and filed. Rosedale Avenue Reconstruction Project - Revision of Preliminary Assessments: City Man- ager recommending approval of a revision to the Preliminary Schedule of Assessments for the Rosedale Avenue Reconstruction Project, upon motion received and filed. Cline moved adoption of Resolution No. 15-07 Rescinding Resolution No. 301-05 and adopting in lieu thereof a new Preliminary Schedule of Assessments for the Rosedale Avenue Reconstruction Project. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 15-07 RESOLUTION RESCINDING RESOLUTION 301-05 AND ADOPTING IN LIEU THEREOF A REVISED PRELIMINARY SCHEDULE OF AS- SESSMENTS FOR THE ROSEDALE AVENUE RECONSTRUCTION PROJECT Whereas, the City Council passed Resolu- tion 301-05, dated July 5, 2005, approving the Preliminary Schedule of Assessments for the reconstruction of Rosedale Avenue; and Whereas, it has been determined that the Preliminary Schedule of Proposed Assessments did not include all of the properties in the special assessment district. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the attached Revised Preliminary Schedule of Assessments, as shown on the attached sheets, 1 to 3 inclusive, is hereby de- termined for the reconstruction of Rosedale Book 137 Regular Session January 16, 2007 Avenue and the valuations set herein are hereby approved. Passed, approved and adopted this 16th day of January, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Rosedale Avenue Reconstruction Project: City Manager recommending acceptance of the Rosedale Avenue Reconstruction Project as completed by Portzen Construction in the final contract amount of $1,647,605.74 and approval of the final schedule of assessments, upon mo- tion received and filed. Cline moved adoption of Resolution No. 16-07 Accepting improvement, Resolution No. 17-07 Approving final estimate, and Resolution No. 18-07 Approving the Final Schedule of Assessments. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 16-07 ACCEPTING THE ROSEDALE AVENUE RE- CONSTRUCTION PROJECT Whereas, the contract for the Rosedale Ave- nue Reconstruction Project (the Project) has been completed and the City Manager has ex- amined the work and filed a certificate stating that the Project has been completed according to the terms of the contract, plans and specifica- tions and that the City Manager recommends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The recommendation of the City Manager is approved and the Project is hereby accepted. Section 2. The City Treasurer is hereby di- rected to pay to the contractor from the Street Construction Fund, Watermain Replacement Fund, Rosedale Sanitary Sewer Improvements, Street Program Related Sanitary Sewer Im- provements, Rosedale/West Locust Storm Sew- er Improvements, and the Fiber Optic Conduit - Paving Projects Fund appropriation for the con- tract amount of $1,647,605.74 less any retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such retai- nage only in accordance with the provisions of Iowa Code chapter 573. Passed, approved and adopted this 16th day of January, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 17-07 FINAL ESTIMATE Whereas, the construction contract for the Rosedale Avenue Reconstruction Project has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the final cost estimates, notices and inspection and all miscellaneous costs. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $1,822,321.16 and the said amount shall be paid from the Street Construction Fund, Watermain Replacement Fund, Rosedale Sanitary Sewer Improvements, Street Program Related Sanitary Sewer Im- provements, Rosedale/West Locust Storm Sew- er Improvements and the Fiber Optic Conduit - Paving Projects Fund of the City of Dubuque, Iowa. Section 2. That $181,116.77 of the cost the- reof shall be assessable upon improved residen- tial and commercial properties and that $967,740.28 shall be paid from the Street Con- struction Fund, $236,475.77 shall be paid from the Watermain Replacement Fund, $238,540.00 shall be paid from the Rosedale Sanitary Sewer Improvements, $18,793.47 shall be paid from the Street Program Related Sanitary Sewer Im- provements, $129,709.00 shall be paid from the Rosedale/West Locust Storm Sewer Improve- ments Fund, and $49,945.87 shall be paid from the Fiber Optic Conduit -Paving Project Fund. Passed, approved and adopted this 16th day of January, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 18-07 A RESOLUTION ADOPTING THE FINAL AS- SESSMENT SCHEDULE FOR THE ROSE- DALE AVENUE RECONSTRUCTION PROJECT INCLUDING CERTAIN INFORMA- TION REQUIRED BY THE CODE OF IOWA, SPECIFICALLY, THE NUMBER OF ANNUAL INSTALLMENTS INTO WHICH ASSESS- MENTS ARE DIVIDED, THE INTEREST ON ALL UNPAID INSTALLMENTS, THE TIME WHEN THE ASSESSMENTS ARE PAYABLE AND DIRECTING THE CLERK TO CERTIFY THE FINAL SCHEDULE AND TO PUBLISH NOTICE THEREOF NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That after full consideration of the Final Schedule of Assessments as shown on the at- tached sheet(s), Page 1 to Page 3 inclusive, is hereby determined to be the Final Schedule of Assessments to be made for the construction of the Rosedale Avenue Reconstruction Project under contract with Portzen Construction, Inc. of Dubuque, Iowa, and which the Final Schedule of Assessments were filed in the office of the City Clerk on the 16th day of January, 2007, the said Final 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 benefited properties, the respective sums 10 Regular Session, January 16, 2007 Book 137 indicated. Provided, further, that 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 schedule, subject to the provisions of Section 384.63 of the Code of Iowa. 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. That the City Clerk be and 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 con- secutive weeks in the manner provided in Sec- tion 362.3, the first publication of which shall be not more than fifteen 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 Section 384.60 of the Code of Iowa. Those assessments may be paid in full or in part without interest at the office of the City Treasurer, City Hall, 50 W. 13th Street, Dubu- que, Iowa, at any time within 30 days after the date of the first publication of this notice of the filing of the Final Schedule of Assessments with the County Treasurer. After 30 days, unpaid assessments of $100.00 or more are payable in 10 annual installments at the County Treasurer's Office, Dubuque County Courthouse, 720 Cen- tral Avenue, Dubuque, Iowa, and will draw an- nual 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 se- miannually in advance. Passed, approved and adopted this 16th day of January, 2007 Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Dubuque Industrial Center West 3rd Addition - Contract B Project: City Manager recommend- ing acceptance of the Dubuque Industrial Center West 3rd Addition -Construction Contract B Project as completed by Horsfield Construction, Inc., in the final contract amount of $2,276,575.15, upon motion received and filed. Cline moved adoption of Resolution No. 19-07 Accepting the Dubuque Industrial Center West 3rd Addition/Construction Contract B -Paving, Drainage, and Utilities Project and Resolution No. 20-07 Approving final estimate. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 19-07 ACCEPTING THE DUBUQUE INDUSTRIAL CENTER WEST 3RD ADDITION /CONSTRUCTION CONTRACT B -PAVING, DRAINAGE, AND UTILITIES PROJECT Whereas, the contract for the Dubuque In- dustrial Center West 3rd Addition/Construction Contract B -Paving, Drainage, and Utilities Project (the Project) has been completed and the City Manager has examined the work and filed a certificate stating that the Project has been completed according to the terms of the contract, plans and specifications and that the City Manager recommends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The recommendation of the City Manager is approved and the Project is hereby accepted. Section 2. The City Treasurer is hereby di- rected to pay to the contractor from the Iowa Department of Transportation Rise Grant Fund and the Dubuque Industrial Center West 3rd Addition and Chavenelle Road Extension and Sanitary Sewer to Middle Road Project (CIP 3601481) and the Watermain Extension, Dubu- que Industrial Center West Project (CIP 7401391) appropriations for the contract amount of $2,276,575.15 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. Passed, approved and adopted this 16th day of January, 2007 Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 20-07 FINAL ESTIMATE Whereas, the construction contract for the Dubuque Industrial Center West 3rd Addi- tion/Construction Contract B -Paving, Drainage, and Utilities Project has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscel- laneous costs. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $2,568,811.15 and the said amount shall be paid from the Iowa Department of Transportation Rise Grant Fund and the Dubuque Industrial Center West 3rd Addition and Chavenelle Road Extension and Sanitary Sewer to Middle Road Project (CIP 3601481) and the Watermain Extension, Dubu- que Industrial Center West Project (CIP 7401391) ofthe City of Dubuque, Iowa. Book 137 Regular Session January 16, 2007 Passed, approved and adopted this 16th day of January, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Third Street Overpass Decorative Railing Project: City Manager recommending accep- tance of the Third Street Overpass Decorative Railing Project as completed by Tricon General Construction in the final contract amount of $275,339.38, upon motion received and filed. Cline moved adoption of Resolution No. 21-07 Accepting the Third Street Overpass Decorative Railing Project and Resolution No. 22-07 Ap- proving final estimate. Seconded by Lynch. Mo- tion carried 7-0. RESOLUTION NO. 21-07 ACCEPTING THE THIRD STREET OVERPASS DECORATIVE RAILING PROJECT Whereas, the contract for the Third Street Overpass Decorative Railing Project (the Project) has been completed and the City Man- ager has examined the work and filed a certifi- cate stating that the Project has been completed according to the terms of the contract, plans and specifications and that the City Manager re- commends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The recommendation of the City Manager is approved and the Project is hereby accepted. Section 2. The City Treasurer is hereby di- rected to pay to the contractor from the Third Street Overpass Improvement Project (CIP 7001702) appropriation and the savings from the Conference Center Project (CIP 7001052) for the contract amount of $275,339.38 less any retained percentage provided for therein as pro- vided in Iowa Code chapter 573, and to pay such retainage only in accordance with the pro- visions of Iowa Code chapter 573. Passed, approved and adopted this 16thday of January, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 22-07 FINAL ESTIMATE Whereas, the construction contract for the Third Street Overpass Decorative Railing Project, has been completed and the City Engi- neer 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 DUBU- QUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $303,108.35 and the 11 said amount shall be paid from the Third Street Overpass Improvement Project (CIP 7001702) appropriation and the savings from the Confe- rence Center Project (CIP 7001052) of the City of Dubuque, Iowa. Passed, approved and adopted this 16th day of January, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Amending to First Transit Contract: Regional Transit Authority -Indemnification Agreement: City Manager recommending approval of an Indemnification Agreement between the City of Dubuque and the Regional Transit Authority as the RTA implements operation of the contracted mini-bus service, upon motion received and filed and approved recommendation. This item was removed from the agenda. 2006 Government Performance and Results Act (GPRA) Annual Products Report: City Man- ager transmitting the 2006 Government Perfor- mance and Results Act (GPRA) Annual Prod- ucts Report which has been submitted to the National Parks Service, upon motion received and filed. Certified Local Government Annual Report: City Manager submitting the 2006 Certified Lo- cal Government (CLG) Report submitted to the State Historical Society of Iowa, upon motion received and filed. Comprehensive Annual Financial Report (CAFR): City Manager transmitting the Fiscal Year 2006 Comprehensive Annual Financial Report (CAFR), Parking Facilities Financial Statements, Dubuque Metropolitan Area Solid Waste Agency Report, Management Letter and City Responses to the Management Letter, upon motion received and filed. Request for Proposals -Four Mounds Arc- heological Investigation: City Manager recom- mending approval of the issuance of a Request for Proposals to conduct a Phase I Four Mounds Archeological Investigation, upon motion re- ceived and approved recommendation. Washington Neighborhood Urban Revitaliza- tion District: Communication from the Long Range Planning Advisory Commission recom- mending approval of the expansion of the Wash- ington Neighborhood Urban Revitalization Dis- trict, upon motion received and filed. Comprehensive Plan Update: Long Range Planning Advisory Commission submitting the December 2006 update on the Comprehensive Plan, upon motion received and filed. Legislative Correspondence: Communication 12 Regular Session, January 16, 2007 Book 137 to local legislators regarding the impact of the Iowa Historic Preservation Tax Credit program, upon motion received and filed. Port of Dubuque Brewery Development, LLC: City Manager recommending approval of the Port of Dubuque Brewery Development, LLC Assignment of Development Agreement and Lease Agreement to Dubuque Bank and Trust, upon motion received and filed and approved recommendation. Mar Jo Quarry Road: City Manager recom- mending support of the renaming of Mar Jo Quarry Road to Mines of Spain Road, upon mo- tion received and filed and approved recom- mendation. Unified Development Code: City Manager recommending approval of the addition of Re- nae Gabrielson to the Unified Development Code Citizen Advisory Committee, upon motion received and filed and approved recommenda- tion. Settlement of Claim: City Attorney advising that the Iowa District Court for Dubuque County has dismissed all of the claims made by Tina Hessel against the City of Dubuque, City Man- ager Michael C. Van Milligen, Personnel Man- ager Randy Peck and Building Services Manag- er Rich Russell, upon motion received and filed. Dubuque Federal Building Renovation Project: City Manager recommending that the Fiscal Year 2007 budget expenditure for the Federal Building Renovation Project be in- creased from $1,259,785 to $3,194,843, upon motion received and filed and approved recom- mendation. City Manager Van Milligan explained the increase and explained the source of funds. 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 DUBU- QUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS "C" BEER PERMIT, Inocente Rubio, EI Paisano Grocery Store, 1543 Central Ave. Passed, approved and adopted this 16th day of January, 2007 Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 24-07 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and ap- proved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State Laws and all City Ordin- ances relevant thereto and they have filed prop- er bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liq- uor License. CLASS "C" BEER/LIQUOR LI- CENSE, DeMac's Copper Kettle, Inc., DeMac's Copper Kettle+(Sunday Sale), 2987 Jackson St.; Phillip Love, The Lounge+(Sunday Sale), 481 Locust St.; Taiko Restaurant Inc., Taiko Japa- nese Restr.+(Sunday Sale), 2155 S. Park Ct. Passed, approved and adopted this 16th day of January, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Improvement Contracts / Performance, Payment and Maintenance Bonds: Villa Street Retaining Wall -Ornamental Railing Project, upon motion received and filed. Business Licenses: City Manager recom- mending approval of annual liquor license re- newals as submitted, upon motion received and filed. Cline moved adoption of Resolution No. 23-07 Granting the issuance of a Class "C" Beer Permit to EI Paisano Grocery Store and Resolu- tion No. 24-07 Granting the issuance of Class "C" Beer/Liquor License to DeMac's Copper Kettle, Inc., The Lounge, and Taiko Japanese Bar. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 23-07 Whereas, applications for Beer Permits have been submitted and filed to this Council for ap- proval and the same have been examined and approved: and Whereas, the premises to be occupied by ITEMS TO BE SET FOR PUBLIC HEARING Request to Purchase: City Manager recom- mending that a public hearing be set for Febru- ary 5, 2007 to consider a request from Jason M. Schneider to vacate and purchase a portion of Kelly Lane between Manson Road and Pego Court, upon motion received and filed. Cline moved adoption of Resolution No. 25-07 of in- tent to vacate and dispose of City interest in Lot A and Lot B of Mineral Lot 511 in the City of Dubuque, Dubuque County, Iowa and set public hearing for 2/5/07 at a meeting to commence at 6:30 P. M. in the public library auditorium and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 25-07 RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN LOT A AND LOT B OF MINERAL LOT 511 IN THE CITY OF Book 137 Regular Session January 16, 2007 DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, Jason M. Schneider has re- quested the vacating and disposal of a portion of Kelly Lane between Manson Road and Pego Court; and Whereas, WHKS & Co. has prepared and submitted to the City Council a plat showing the vacated portion of Kelly Lane between Manson Road and Pego Court and assigned lot numbers thereto, which hereinafter shall be known and described as Lot A and Lot B of Mineral Lot 511 in the City of Dubuque, Dubuque County, Iowa, should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the City of Dubuque intends to vacate and dispose of its interest in Lot A and Lot B of Mineral Lot 511 in the City of Dubuque, Dubuque County, Iowa. Section 2. That the conveyance of Lot A and Lot B of Mineral Lot 511 in the City of Dubuque, Dubuque County, Iowa, to Jason M. Schneider be contingent upon the payment of $300.00, plus platting, publication, and filing fees. Section 3. That the City Clerk be and is he- reby authorized and directed to cause a notice of intent to vacate and dispose of said real es- tate to be published in the manner as prescribed by law. Passed, approved and adopted this 16th day of January, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Greater Downtown Urban Renewal District: City Manager recommending that a public hearing be set for February 20, 2007 to consider an amendment of the Urban Renewal Plan for the Greater Downtown Urban Renewal District to include the rehabilitation, restoration, and reno- vation of historic buildings for public and go- vernmental uses, including the Carnegie-Stout Public Library and the Former U.S. Federal Building, upon motion received and filed. Cline moved adoption of Resolution No. 26-07 Of ne- cessity finding that the Greater Downtown Urban Renewal District are areas meeting the defini- tions of slum, blighted and economic develop- ment areas and that development of said areas is necessary in the interest of the residents of the City of Dubuque, Iowa and set public hearing for 2/20/07 at a meeting to commence at 6:30 P. M. in the public library auditorium and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 26-07 A RESOLUTION OF NECESSITY FINDING THAT THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT ARE AREAS MEETING THE DEFINITIONS OF A SLUM, BLIGHTED 13 AND ECONOMIC DEVELOPMENT AREAS AND THAT DEVELOPMENT OF SAID AREAS IS NECESSARY IN THE INTEREST OF THE RESIDENTS OF THE CITY OF DUBUQUE, IOWA. Whereas, the City Council of the City of Du- buque has determined that the Greater Down- town Urban Renewal District will provide redeve- lopment opportunities which will further the pur- poses and objectives of the Downtown Dubuque Urban Renewal Plan; and Whereas, the City Council has found that the areas meet the definition of a slum, blighted, and economic development area as found in Chapter 403 "Urban Renewal" of the Iowa Code; and Whereas, Chapter 403 of the Iowa Code re- quires that before urban renewal authority may be exercised, a City Council must adopt a reso- lution of necessity finding that the area in ques- tion is a slum, blighted or economic develop- ment area, and that so designating such area is necessary in the interest of the public health, safety or welfare of the residents of the munici- pality. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the following text amend- ment is proposed to be added to the Greater Downtown Urban Renewal District, to wit: An amendment is needed to clearly define the public purpose activities to include the reha- bilitation, restoration, and renovation of historic buildings for public and governmental uses, in- cluding the Carnegie Stout Public Library and the Former U.S. Federal Building; Section 2. That amending the Urban Re- newal Plan is necessary and appropriate to faci- litate the proper growth and development of the community in accordance with sound planning and local community objectives. Section 3. That the City Manager is autho- rized and directed to prepare an Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District, to forward said Plan to the City's Long Range Planning Commission for review and comment and to begin the consultation process required by law with affected taxing entities. Section 4. That the City Clerk is directed to publish notice of a public hearing on the adop- tion of an Amended and Restated Urban Re- newal Plan for the Greater Downtown Urban Renewal District to be held on February 19th, 2007at 6:30 p.m. in the Carnegie-Stout Public Library Auditorium, 11th and Bluff Streets, Du- buque, Iowa 52001 and that said notice shall generally identify the areas covered by the Amended and Restated Plan and the general scope of the Amended and Restated Plan and the activities planned for such areas. Section 5. That the City Clerk is further di- rected to send by ordinary mail a copy of said 14 Regular Session, January 16, 2007 Book 137 notice of public hearing to the Dubuque Com- munity School District, the County Board of Su- pervisors and the Northeast Iowa Community College, as the affected taxing entities. Passed, approved, and adopted this 16th day of January, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Heron Pond Tree Removal Project: City Manager recommending initiation of the public bidding process for the Heron Pond Tree Re- moval Project and that a public hearing be set for February 20, 2007, upon motion received and filed. Cline moved adoption of Resolution No. 27-07 Preliminary approval of plans and specifications, Resolution No. 28-07 Setting date of hearing on plans and specifications, and Res- olution No. 29-07 Ordering bids and set public hearing for 2/20/07 at a meeting to commence at 6:30 P. M. in the public library auditorium and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 27-07 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS 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 Heron Pond Tree Removal Project, in the estimated amount of $80,000, are hereby approved and ordered filed in the office of the City Clerk, for public in- spection. Passed, approved and adopted this 16th day of January, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 28-07 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS WHEREAS, the City Council of the City of Dubuque, Iowa has given its preliminary ap- proval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection of the Heron Pond Tree Removal Project. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA, that on the 20th day of February, 2007, a public hearing will be held at 6:30 p.m. in the Public Library Auditorium, at which time interested persons may appear and be heard for or against the proposed plans and specifica- tions, form of contract and cost of said improve- ment, and the City Clerk be and is hereby di- rected to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubu- que, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may appear and file ob- jections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, approved and adopted this 16th day of January, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 29-07 ORDERING BIDS BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Heron Pond Tree Removal Project is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that 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 ap- proved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to ad- vertise for bids for the construction of the im- provements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than forty-five days prior to the receipt of said bids at 2:00 p.m. on the 1st day of February, 2007. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final ac- tion at 6:30 p.m. on the 20th day of February, 2007. Passed, approved and adopted this 16th day of January, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk US 20 (Devon Drive to Menards) Capacity Improvements Project -Phase II: City Manager recommending initiation of the public bidding process for the US 20 (Devon Drive to Menards) Capacity Improvements Project -Phase II and that a public hearing be set for March 5, 2007, upon motion received and filed. Cline moved adoption of Resolution No. 30-07 Preliminary approval of plans and specifications, Resolution No. 31-07 Setting date of hearing on plans and specifications, and Resolution No. 32-07 Order- ing bids and set public hearing for 3/5/07 at a meeting to commence at 6:30 P. M. in the public library auditorium and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 30-07 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Book 137 Regular Session January 16, 2007 That the proposed plans, specifications, form of contract and estimated cost for the US 20 (Devon Drive to Menards) Capacity Improve- ments Project -Phase II, Traffic Signal and Intel- ligent Transportation System Improvements (STP-A-020-9(187)--22-31) in the estimated amount of $331,430.00 are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 16th day of January, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 31-07 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Du- buque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection of the US 20 (Devon Drive to Menards) Capacity Im- provements Project -Phase II, Traffic Signal and Intelligent Transportation System Improvements (STP-A-020-9(187)--22-31). NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That a public hearing will be held on the 5th day of March, 2007, at 6:30 p.m. in the Public Library Auditorium at which time interested per- sons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circu- lation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consid- eration. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, adopted and approved this 16thday of January, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 32-07 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the US 20 (Devon Drive to Menards) Capacity Improvements Project -Phase II, Traf- fic Signal and Intelligent Transportation System Improvements (STP-A-020-9(187)--22-31) is hereby ordered to be advertised for bids for con- struction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid 15 shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby ap- proved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to ad- vertise for bids for the construction of the im- provements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than forty-five days prior to the receipt of said bids by the Iowa De- partment of Transportation by 10 a.m. Central Time on the 20th day of February, 2007. Bids shall be opened and read by the Iowa Depart- ment of Transportation at 10:30 a.m. Central Time on the 20th day of February, 2007, and will be submitted to the Council for final action at 6:30 p.m. on the 5th day of March, 2007. Passed, adopted and approved this 16th day of January, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Fiscal Year 2008 Annual Action Plan: City Manager recommending that a public hearing be set for February 27, 2007 on the Fiscal Year 2008 Annual Action Plan, upon motion received and filed. Cline moved adoption of Resolution No. 33-07 Setting a public hearing on the Pro- gram Year 2007 (Fiscal Year 2008) Community Development Block Grant (CDBG) Annual Ac- tion Plan and set public hearing for 2/27/07 at a meeting to commence at 6:30 P. M. in the public library auditorium and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 33-07 A RESOLUTION SETTING A PUBLIC HEAR- ING ON THE PROGRAM YEAR 2007 (FISCAL YEAR 2008) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN. Whereas, the City of Dubuque has, through a series of public meetings and hearings, fina- lized aFiscal Year 2008 (Program Year 2007) Community Development Block Grant Annual Plan addressing both housing and non-housing needs in the community; and Whereas, copies of the draft Fiscal Year 2008 (Program Year 2007) CDBG Annual Plan will be available for public comment for 30 days prior to City Council action; and Whereas, the City's Community Develop- ment 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 DUBU- QUE, IOWA: Section 1. That the City Council will meet in the Carnegie Stout Public Library Auditorium, 360 West 11th Street, Dubuque, Iowa at 6:30 16 Regular Session, January 16, 2007 Book 137 p.m. on February 27, 2007 for the purpose of holding a public hearing and taking action on the Fiscal Year 2008 (Program Year 2007) Commu- nity Development Block Grant Annual Action Plan. Section 2. That the City Clerk be and she is hereby authorized and directed to publish a no- tice of such public hearing and the City Council's intent to review and take action on the Fiscal Year 2008 (Program Year 2007) Community Development Block Grant Annual Plan. Passed, approved and adopted this 16th day of January, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Boards/Commissions: Environmental Stewardship Advisory Com- mission (One 3-year term through October 1, 2010 -term of Suarez -Applicant: Joseph Sua- rez Housing Code Appeals Board (Two 3-year terms through January 11, 2009 -terms of Dur- ley and Swift and three 3-year terms through January 11, 2010 -terms of Schaub, Kinsella and one vacancy) -Applicants: William J. Kinsel- la, Jim Matheos, Robert Schaub Transit Board of Trustees (One 3-year unex- pired term through July 30, 2008) -Applicant: Sarah Davidson PUBLIC HEARINGS Upon motion the rules were suspended to al- low anyone present to address the Council Greg Adams/Stewart Construction, Inc.: Proof of publication on notice of hearing to con- sider reclassifying property located at the southwest corner of Seippel Road and Old Highway Road (Lot 1 of 2 Mason Cate Estates) from LI Light Industrial District to HI Heavy In- dustrial District, as requested by Greg Adams/Stewart Construction, Inc., and Zoning Advisory Commission recommending approval, upon motion received and filed. Brian Kane, representing Wayne Briggs and Wayne Stewart, stated that both of the appli- cants had agreed to the conditions as stipulated by the Zoning Advisory Commission; however, they are now requesting that the City Council amend those conditions to allow parking of ve- hicles in the buffer (green space) zone, that the building height be modified to 35 feet versus the recommended 20 feet, and that both LI Light Industrial and HI Heavy Industrial be allowed on the 12.56 acres to be rezoned. He stated that one portion of the site would be a scrap yard and the other portion used for a recycling facility. Dianne Brehm, 12458 Cottingham Road; Pat Welsh, 7990 Old Highway Road; Kevin Coates, 14957 Old Highway Road; Bill Chesterman, 12085 Cottingham Road; Joe Vize, 12055 Cot- tingham Road; Joe Wysocki, 14946 Old High- way Road; Janelle Coates, 14957 Old Highway Road; and Emily Kretz, 8400 Old Highway Road spoke in opposition to the proposed rezoning. Ordinance No. 1-07 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying property located at the southwest corner of Seippel Road and Old Highway Road (Lot 1 of 2 Mason Cate Estates) from LI Light Industrial District to HI Heavy Industrial District, with conditions, pre- sented and read. Connors moved that the re- quirement that the proposed Ordinance, with the conditions proposed by the Zoning Advisory Commission, be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Jones. Motion carried 7-0. Connors moved final consideration and passage of the Ordinance. Seconded by Jones. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 1-07 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY REC- LASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED NEAR THE SOUTH- WEST CORNER OF SEIPPEL ROAD AND OLD HIGHWAY ROAD FROM LI LIGHT IN- DUSTRIAL DISTRICT TO HI HEAVY INDUS- TRIAL DISTRICT, WITH CONDITIONS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That Appendix A (The Zoning Or- dinance) of the City of Dubuque Code of Ordin- ances is hereby amended by reclassifying the hereinafter-described property from LI Light In- dustrial District to HI Heavy Industrial District, with conditions, to wit: Lot 1 of 2 of 7 Mason Cate Estates (except the north 200 feet and south 291 feet), and to the centerline of the adjoining public right-of- way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advi- sory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by I aw. Passed, approved and adopted this 16th day of January, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk MEMORANDUM OF AGREEMENT Pursuant to the Iowa Code Section 414.5 Book 137 Regular Session January 16, 2007 (2005), and as an express condition of rezoning of the property described as: Lot 1 of 2 of 7 Ma- son Cate Estates (except the north 200 feet and south 291 feet) and to the centerline of the ad- joining public right-of-way, all in the City of Du- buque, Iowa. which is the subject of Ordinance No. 1-07, a copy of which is attached hereto and incorporated herein by reference, the under- signed property owners, agree to the following conditions, all of which the property owner fur- ther agrees are reasonable and are imposed to satisfy public needs which are caused directly by the rezoning: A) Conditions: The following conditions shall apply to the subject property: 1) That the allowed uses on the HI Heavy Industrial property be limited to those of the LI Light Industrial District and junk yards and sal- vage yards. 2) That the maximum building height on the HI Heavy Industrial property be limited to twenty (20) feet. 3) That hours of operation of a junk or sal- vage facility be limited to 6 a.m. to 6 p.m. week- days, 6 a.m. to noon on Saturday, and closed on Sunday. 4) That an eight (8) foot high chain line fence with slats be constructed on top of a five (5) foot high berm, fifteen (15) feet wide at the top, lo- cated at the top of the slope on the HI Heavy Industrial property's south end. In addition, pine trees must be planted on the south side of the screening fence spaced twenty (20) feet apart. 5) That uses permitted in the buffer zone (the 291 foot wide area between the south prop- erty line and the south HI Heavy Industrial dis- trict boundary line) be limited to open space if a salvage yard is located on the HI Heavy Indus- trial property. If a salvage yard is not located on the HI Heavy Industrial property, the buffer area can be developed for any of the uses permitted in the LI light Industrial district. B) Reclassification of the Subject Property. The City of Dubuque, Iowa may initiate zoning reclassification proceedings to the LI Light In- dustrial District (which rezoning will include the removal of the performance standards in Section A above) if the property owner fails to complete any of the conditions or provisions of this Agreement. C) Modifications. Any modifications of this Agreement shall be considered a zoning reclas- sification and shall be subject to the provisions of the Zoning Ordinance governing zoning rec- lassifications. All such modifications must be approved by the City Council of Dubuque, Iowa. D) Recording. A copy of this Agreement shall be recorded with the Dubuque County Recorder as a permanent record of the conditions ac- cepted as part of this rezoning approval within thirty (30) days of the adoption of Ordinance No. 1-07. E) Construction. This Agreement shall be 17 construed and interpreted as though it were part of Appendix A of the Code of Ordinances of the City of Dubuque, also known as the Zoning Or- dinance of the City of Dubuque, Iowa. F) This Agreement shall be binding upon the undersigned and his/her heirs, successor and assignees. ACCEPTANCE OF ORDINANCE NO. 1-07 I, Wayne C. Stewart, representing Stewart Construction, Inc., LLC, property owner, read the terms and conditions of the foregoing Ordin- ance No 1-07 and being familiar with the condi- tions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 16th day of January, 2007. By: Wayne C. Stewart, W.C. Stewart Construction, Inc. Published officially in the Telegraph Herald Newspaper the 22nd day of January, 2007. /s/Jeanne F. Schneider, CMC, City Clerk Port of Dubuque Adams Development, LLC - Development Agreement: Proof of publication on notice of hearing to consider approval of a Development Agreement with Port of Dubuque Adams Development, LLC for a development in the Port of Dubuque, including the Adams Com- pany building site and City Manager recom- mending approval, upon motion received and filed. Connors moved adoption of Resolution No. 34-07 Determining that the proposal of Port of Dubuque Adams Development, LLC to acquire and develop property in the Greater Downtown Urban Renewal District in the Port of Dubuque in the City of Dubuque, Iowa is in compliance with the terms of the City's offering for disposition of such property and Resolution No. 35-07 Accept- ing the proposal from Port of Dubuque Adams Development, LLC for the purchase of property in the Greater Downtown Urban Renewal District in the Port of Dubuque in the City of Dubuque, Iowa and approving the Development Agree- ment with Port of Dubuque Adams Develop- ment, LLC. Seconded by Michalski. Motion car- ried 7-0. Brian Kane, representing Port of Dubuque Adams Development, LLC, spoke in support of the proposed Development Agreement. Kevin Eipperle, The Durrant Group, described the pro- posed development and explained the various uses. RESOLUTION NO. 34-07 DETERMINING THAT THE PROPOSAL OF PORT OF DUBUQUE ADAMS DEVELOP- MENT, LLC AND THE DURRANT GROUP, L.L.C. TO ACQUIRE AND DEVELOP PROP- ERTY IN THE GREATER DOWNTOWN UR- BAN RENEWAL DISTRICT IN THE PORT OF DUBUQUE IN THE CITY OF DUBUQUE, IOWA IS IN COMPLIANCE WITH THE TERMS OF 18 Regular Session, January 16, 2007 Book 137 THE CITY'S OFFERING FOR DISPOSITION OF SUCH PROPERTY Whereas, the City Council, by Resolution No. 579-06, dated December 4, 2006, nomi- nated the City Clerk as agent of the City of Du- buque, Iowa, to receive and open on January 9, 2007, at 10:00 a.m., proposals for the disposi- tion of property in the Greater Downtown Urban Renewal District in the Port of Dubuque in ac- cordance with the terms and conditions set forth in the resolution; and Whereas, the City Council has received a proposal, referred to in said resolution, from Port of Dubuque Brewery Development, LLC and the Durrant Group., L.L.C. which proposal meets the terms and conditions of Resolution No. 579-06; and Whereas, the City Clerk has reported to this Council that no qualified, competing proposals were submitted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the report of the City Clerk that no qualified competing proposals were submitted by 10:00 a.m. on January 9, 2007, for the disposition of property in the Greater Down- town Urban Renewal District in the Port of Du- buque be received, filed and adopted. Section 2. That it is hereby determined that the proposal of Port of Dubuque Adams Devel- opment, LLC and the Durrant Group., L.L.C. for the development of said property is the only proposal which satisfies the terms and condi- tions set forth in Resolution No. 579-06 adopted by this Council on December 4, 2006. Passed, approved and adopted this 16th day of January, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 35-07 ACCEPTING THE PROPOSAL FROM PORT OF DUBUQUE ADAMS DEVELOPMENT, L.L.C. AND THE DURRANT GROUP, L.L.C. FOR THE PURCHASE OF PROPERTY IN THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT IN THE PORT OF DUBUQUE IN THE CITY OF DUBUQUE, IOWA AND AP- PROVING THE DEVELOPMENT AGREEMENT WITH PORT OF DUBUQUE ADAMS DEVEL- OPMENT, L.L.C. AND THE DURRANT GROUP, L.L.C. Whereas, the City Council, by Resolution No. 579-06, dated December 4, 2006: 1. Adopted the terms and conditions for of- fering for disposition of certain real property and improvements in the Greater Downtown Urban Renewal District in the City of Dubuque, Iowa, referred to as the former Adams Company Property and an area along 5th and Bell Streets; 2. Determined that the proposal submitted by Port of Dubuque Adams Development, LLC and the Durrant Group, L.L.C. satisfied the require- ments of said offering; 3. Declared its intent to accept the Port of Dubuque Adams Development LLC and the Durrant Group, L.L.C. proposal in the event no other qualified proposals were timely submitted for the property; and 4. Invited competing proposals which met the terms and conditions of the offering, to be submitted to the City Clerk on or before 10:00 a.m., January 9, 2007; and; Whereas, on December 6, 2006, the Resolu- tion was published as the official notice of the offering and of the intent of the City of Dubuque, Iowa, in the event no other qualified proposals were timely submitted, to approve the Develop- ment Agreement proposed by Port of Dubuque Adams Development, LLC and the Durrant Group, L.L.C.; and Whereas, by separate Resolution of this date, the City Council has received and ap- proved as its own the report of the City Clerk that no other qualified proposal was received; an Whereas, it is the determination of the City Council that approval of the Development Agreement with Port of Dubuque Adams Devel- opment, LLC, and the Durrant Group, L.L.C. is in the public interest of the citizens of the City of Dubuque, and is consistent with the City's Urban Renewal Plan for the Greater Downtown Urban Renewal District. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the Development Agreement by and between the City of Dubuque and Port of Dubuque Adams Development, LLC and the Durrant Group, L.L.C. is in the public interest of the citizens of the City of Dubuque and in fur- therance of the City's Urban Renewal Plan, and is hereby approved. Section 2. That the Mayor is hereby autho- rized and directed to execute said Development Agreement on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. That the City Manager is autho- rized to take such actions as are necessary to implement the terms of the Development Agreement as herein approved. Passed, approved and adopted this 16th day of January, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Chaplain Schmitt Memorial Project: Proof of publication on notice of hearing to consider adoption of the plans and specifications for the Chaplain Schmitt Memorial Project and City Manager recommending award of the contract to Tri-State Development Company, LLC, upon motion received and filed. Cline moved adoption Book 137 Regular Session January 16, 2007 of Resolution No. 36-07 Adopting plans and specifications, Resolution No. 37-07 Awarding contract, and Resolution No. 38-07 Approving construction contract with Tri-State Develop- ment, LLC for the Chaplain Schmitt Memorial Project. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 36-07 RESOLUTION ADOPTING PLANS AND SPE- CIFICATIONS WHEREAS, on the 4th day of December, 2006, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Chaplain Schmitt Me- morial Project. WHEREAS, notice of hearing on plans, spe- cifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby ap- proved as the plans, specifications, form of con- tract and estimated cost for said improvements for said project. Passed, approved and adopted this 16th day of January, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 37-07 AWARDING CONTRACT WHEREAS, sealed proposals have been submitted by contractors for the Chaplain Schmitt Memorial Project pursuant to Resolution No. 582-06, and notice to bidders published in a newspaper published in the City of Dubuque, Iowa, on the 8th day of December, 2006. WHEREAS, said sealed proposals were opened and read on the 4th day of January, 2007, and it has been determined that the bid of Tri-State Development, LLC in the amount of $60,793 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the plans and specifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the contract for the above improvement be awarded to Tri-State Development, LLC, and the Manager be and is hereby directed to ex- ecute acontract on behalf of the City of Dubu- que for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 16th day of January, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 19 RESOLUTION NO. 38-07 APPROVING CONSTRUCTION CONTRACT WITH TRI-STATE DEVELOPMENT, LLC FOR THE CHAPLAIN SCHMITT MEMORIAL PROJECT Whereas, the City Council by Resolution No. 37-07 awarded the construction contract for the Chaplain Schmitt Memorial Project to Tri-State Development, LLC; and Whereas Tri-State Development, LLC has submitted the attached executed contract and bond. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: 1. The contract and bond attached hereto are hereby approved. 2. The City Manager is hereby authorized and directed to execute the contract on behalf of the City of Dubuque. Passed, approved and adopted this 16th day of January, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Upon motion the rules were reinstated limit- ing discussion to the Council. ACTION ITEMS Northeast Iowa Community College: Com- munication from Penelope H. Wills, President of Northeast Iowa Community College, requesting a Resolution of Support for NICC's ballot meas- ure "Ensuring the Future for Students and Communities" on February 20, 2007, upon mo- tion received and filed. Cline moved adoption of Resolution No. 39-07 Support. Seconded by Michalski. Motion carried 7-0. Penny Wills, NICC President, spoke in support of the Resolution and explained the improvements that would be made at the college. Mayor Buol stated that it was vital that the measure pass and Council Member Lynch voiced his wholehearted support. RESOLUTION NO. 39-07 RESOLUTION OF SUPPORT WHEREAS, Northeast Iowa Community Col- lege, in the counties of Allamakee, Bremer, Bu- chanan, Chickasaw, Clayton, Delaware, Dubu- que, Fayette, Howard, Jackson, Jones, Mitchell and Winneshiek will present to the public a ballot measure requesting authority to contract indeb- tedness and issue school bonds in an amount not to exceed $35,000,000 to renovate, erects, and equip buildings at multiple campus locations and other enrollment locations, including class- room, laboratory, mechanical and shop up- grades, general facility rehabilitation and new building construction for use by the Community College; and WHEREAS, the above issue will be submit- ted to the registered voters of the Merged Area 20 Regular Session, January 16, 2007 Book 137 School District on Tuesday, February 20, 2007. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, that we endorse and support Northeast Iowa Community College's ballot measure Ensuring the Future for Students and Communities. Passed, approved and adopted the 16th day of January, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Individual Historic Designation - 565 Fene- lon Place: City Manager recommending approv- al of an amendment to the Historic Preservation Ordinance for the establishment of 565 Fenelon Place as an Individually Designated Historic Property, upon motion received and filed. Ordin- ance No. 2-07 Amending Chapter 25 (Historic Preservation) of the City of Dubuque Code of Ordinances by adding Section 25-6.14 and 25- 6.14(1) Establishing Individually Designated Historic Properties, presented and read. Mi- chalski moved that the requirement that the pro- posed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Jones. Motion carried 7-0. Michalski moved final consideration and passage of the Ordinance. Seconded by Jones. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 2-07 AN ORDINANCE AMENDING CHAPTER 25 (HISTORIC PRESERVATION) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY ADDING SECTION 25-6.14 AND 25-6.14(1) ESTABLISHING INDIVIDUALLY DESIGNATED HISTORIC PROPERTIES. Whereas, the Historic Preservation Commis- sion has recommended amendments to Chapter 25 (Historic Preservation) of the City of Dubuque Code of Ordinances regarding Individually Des- ignated Historic Properties; and Whereas, the City of Dubuque may establish individually designated historic properties to allow for historic preservation funding and de- sign review for exterior alterations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. Section 25-6 of the City of Dubu- que Code of Ordinances is hereby amended by adding the following new section: Sec. 25-6.14. Individually Designated Histor- ic Properties: (1) 565 Fenelon Place: E 1/2 LOT 36,E 15' W 1/2 LOT 36, LOT 37 PROSPECT HILL ADD Section 2. This ordinance shall take effect immediately upon publication, as provided by I aw. Passed, approved and adopted this 16th day of January, 2007. /s/Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald Newspaper the 22nd day of January, 2007. /s/Jeanne F. Schneider, CMC, City Clerk City of Dubuque Code of Ordinances: City Manager recommending approval of an ordin- ance adopting the revised City of Dubuque Code of Ordinances, upon motion received and filed. Ordinance No. 3-07 Readopting the codification of all ordinances of the City of Dubuque, Iowa, of a general or public nature or imposing a fine or penalty including codes and maps adopted by reference, as the official Code of the City of Du- buque, Iowa, as provided for and pursuant to Chapter 380 of the Iowa Code; providing for the title and citation of the Code; repealing all ordin- ances and parts of ordinances of a general or public nature or imposing a fine or penalty, passed on or prior to January 16, 2007, except those not contained in said code or recognized and continued in force by reference therein; pro- viding penalties for the violation of the several sections thereof; and prescribing the time when this ordinance shall be in full force and effect, presented and read. Connors moved that the requirement that the proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Lynch. Motion carried 7-0. Connors moved final consideration and passage of the Ordin- ances. Seconded by Lynch. Motion carried 7-0. Michalski moved that special commendation be given to the City Attorney, City Clerk and Assis- tant City Manager for their work on this project. Seconded by Lynch. Motion carried 7-0. ORDINANCE NO. 3-07 AN ORDINANCE READOPTING THE CODIFI- CATION OF ALL ORDINANCES OF THE CITY OF DUBUQUE, IOWA, OF A GENERAL OR PUBLIC NATURE OR IMPOSING A FINE OR PENALTY INCLUDING CODES AND MAPS ADOPTED BY REFERENCE, AS THE OFFI- CIAL CODE OF THE CITY OF DUBUQUE, IOWA, AS PROVIDED FOR AND PURSUANT TO CHAPTER 380 OF THE IOWA CODE; PROVIDING FOR THE TITLE AND CITATION OF THE CODE; REPEALING ALL ORDIN- ANCES AND PARTS OF ORDINANCES OF A GENERAL OR PUBLIC NATURE OR IMPOS- ING AFINE OR PENALTY, PASSED ON OR PRIOR TO JANUARY 16, 2007, EXCEPT THOSE NOT CONTAINED IN SAID CODE OR RECOGNIZED AND CONTINUED IN FORCE BY REFERENCE THEREIN; PROVIDING PE- NALTIES FOR THE VIOLATION OF THE SEV- ERAL SECTIONS THEREOF; AND PRE- SCRIBING THE TIME WHEN THIS ORDIN- ANCE SHALL BE IN FULL FORCE AND EF- FECT. Book 137 Regular Session January 16, 2007 Whereas, pursuant to Ordinance No. 55-76 adopted November 1, 1976, after a duly con- vened public hearing, the City Council of the City of Dubuque, Iowa, adopted a Code of Ordin- ances with an effective date of December 3, 1976, as provided in Section 380.8 of the Iowa Code; and Whereas, Section 380.8 of the Iowa Code provides that at least once every five years, a City shall compile a set of Ordinances to be adopted by an ordinance; and Whereas, pursuant to Ordinance No. 63-81, adopted November 6, 1981, the City Council of the City of Dubuque, Iowa, readopted the said Code of Ordinances with an effective date of December 3, 1981, as provided in Section 380.8 of the Iowa Code; and Whereas, pursuant to Ordinance No. 93-86, adopted November 3, 1986, the City Council of the City of Dubuque, Iowa, readopted the said Code of Ordinances, with an effective date of November 17, 1986, as provided in Section 380.8 of the Iowa Code; and Whereas, pursuant to Ordinance No. 34-89, adopted July 17, 1989, the City Council of the City of Dubuque, Iowa readopted the said Code of Ordinances, with an effective date of July 20, 1989 as provided in Section 380.8 of the Iowa Code; and Whereas, pursuant to Ordinance No. 68-94, adopted November 7, 1994, the City Council of the City of Dubuque, Iowa, readopted the said Code of Ordinances, with an effective date of November 14, 1994, as provided in Section 380.8 of the Iowa Code; and Whereas, pursuant to Ordinance No. 92-99, adopted October 18, 1999, the City Council of the City of Dubuque, Iowa, readopted the said Code of Ordinances, with an effective date of October 26, 1999, as provided in Section 380.8 of the Iowa Code; and Whereas, the City Council has determined that the Code of Ordinances should be re- adopted, as edited and compiled, as provided in Section 380.8 of the Iowa Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. Code of Ordinances Readopted. That the proposed Code of Ordinances of the City of Dubuque, Iowa printed by Sterling Codifi- ers, Inc., Coeur d'Alene, Idaho, heretofore filed in the Office of the City Clerk of the City of Du- buque, Iowa, consisting of Chapters 1 through 46, with Appendix A, Appendix B, Appendix C, and Appendix D and including references to codes adopted by reference, a printed copy of which is attached hereto and incorporated here- in by reference the same as if set out herein, is hereby adopted as the "Code of Ordinances, City of Dubuque, Iowa". Section 2. Ordinances Repealed. That all or- dinances of the City of Dubuque, Iowa, of a 21 general and permanent nature, enacted before January 16, 2007, and not contained in said Code or recognized and continued in force by reference therein are hereby repealed from and after the effective date of said Code, except as hereinafter provided. Section 3. Effect of Repeal; Ordinances Saved. That the repeal provided for in Section 2 hereof shall not affect any of the following: (a) Any offense or act committed or any pe- nalty or forfeiture incurred or any contract or right established or accruing before the effective date of said Code; (b) Any ordinance promising or guaranteeing the payment of money to or from the City, or authorizing the issuance of any bonds or other evidence of indebtedness; (c) Any appropriation or budget ordinance; (d) Any ordinance establishing the compen- sation of any City officer or employee; (e) Any contract or obligation assumed by the City; (f) Any ordinance relating to the purchase, condemnation, acquisition or dedication of prop- erty for public use; (g) Any ordinance dedicating, establishing, opening, reopening, naming, renaming, widen- ing, narrowing or vacating any street, boulevard, avenue, alley or other public way, including rights-of-way; (h) Any ordinance, establishing or changing the grade of any street, avenue, boulevard, traf- fic way or other public way; (i) Any ordinance authorizing, directing or otherwise relating to any public improvements; (j) Any ordinance establishing or changing the limits of the City or pertaining to consolida- tions, annexations or exclusions; (k) Any ordinance levying general or special taxes or special assessments; (I) Any ordinance granting pensions for re- tired officers and employees; (m) Any ordinance granting any right, privi- lege, easement or franchise to any person, firm or corporation; (n) Any zoning ordinance, or amendment of the City's zoning map; (o) Any ordinance prescribing traffic regula- tions for specific streets or areas, such as ordin- ances designating one-way streets, arterial highways, through streets, stop intersections or intersections where traffic is to be controlled by signals, and ordinances prohibiting restriction, limiting or otherwise regulating the stopping, standing or parking of vehicles on specific streets or in specific areas; (p) Any ordinance establishing rates and charges for, or fees for connection to any utility service, not inconsistent with this Code; (q) Any ordinance which, by its own terms, expires after a specified time, or on the pre- scribed date; (r) Any ordinance enacted on or after May 2, 22 Regular Session, January 16, 2007 Book 137 2005 (s) The appointment of any board or com- mission member serving on the date of this Or- dinance. The above enumeration of exceptions shall not be held or deemed to be exclusive, it being the purpose and intention of this ordinance to exclude from repeal any and all ordinances not of a general nature. Section 4. Severability of Provisions. That each chapter, and any and all subdivisions of said Code hereby readopted, is independent of every other chapter and subdivision thereof, and the invalidity of any other chapter or subdivision thereof, shall not invalidate any other chapter or subdivision thereof. Section 5. Official Copy. That the City Clerk shall attach to the official copy of the Code of Ordinances hereby readopted and attached he- reto, the City Clerk's official certificate showing re-adoption and the effective date thereof, and shall retain the said copy and certificate on file in this office where copies of the same shall be subject to public inspection and for sale to the public. Section 6. Amendments. That any additions or amendments to this Code when passed as ordinances amending this Code and which indi- cate the intention of the Council to make the same a part thereof shall be deemed to be in- corporated in this Code so that a reference to the Code of Ordinances, City of Dubuque, Iowa, shall be understood to include them. Section 7. Distribution of Copies. That all printed copies of the Code shall be deposited with the City Clerk for distribution. The City Clerk may sell printed or electronic media format (CD- Rom) copies of said Code at the cost estab- lished by the City Clerk. Section 8. General Penalty. That the doing of any act prohibited or declared to be unlawful or an offense by said Code of Ordinances, or the commission or failure to perform any act or duty required by said Code, shall unless another pe- nalty is specified, be punishable by a fine as established by the City Manager. The penalty herein provided for shall be cumulative with and in addition to the revocation, cancellation or for- feiture of any license or permit elsewhere in this Code provided for violation thereof or for civil penalties or violations of municipal ordinances. Section 9. Effective date. That this ordinance consisting of Sections 1 through 9, inclusive, readopting the proposed Code of Ordinances of the City of Dubuque, Iowa, heretofore filed in the Office of the City Clerk of the City of Dubuque, Iowa, consisting of Chapters 1 through 46, with Appendix A, Appendix B, Appendix C, and Ap- pendix Dand including codes adopted by refer- ence and all subdivisions, of the same, the same being designated as the "Code of Ordinances, City of Dubuque, Iowa", is in full force and effect from and after the passage and publication of this ordinance, according to law, and the "Code of Ordinances, City of Dubuque, Iowa", shall be in full force and effect from and after the publica- tion of this Ordinance. Passed, approved and adopted this 16th day of January, 2007. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald Newspaper the 22nd day of January, 2007. /s/Jeanne F. Schneider, CMC, City Clerk Convention and Visitors Bureau: City Man- ager requesting that a work session with the Dubuque Area Chamber of Commerce Conven- tion and Visitors Bureau be scheduled for 5:30 p.m. on Monday, February 5, 2007, upon motion received and filed and approved request. Fiscal Year 2008 Operating Budget and Five Year Capital Improvement Program: City Man- ager submitting the Fiscal Year 2008 Operating Budget and Five Year Capital Improvement Pro- gram, upon motion received and filed. Upon motion Council went into closed ses- sion re: Pending Litigation and Property Acquisi- tion -Chapter 21.5(1)(c)(j) 2005 Code of Iowa at 9:09 P. M. At 9:22 Council reconvened Regular session and stated that staff had been given proper di- rection. There being no further business, upon mo- tion meeting adjourned at 9:23 P. M. /s/Jeanne F. Schneider, CMC City Clerk Book 137 Special Sessions January 29 & February 6, 2007 23 CITY OF DUBUQUE, IOWA CITY OF DUBUQUE, IOWA CITY COUNCIL CITY COUNCIL OFFICIAL OFFICIAL PROCEEDINGS PROCEEDINGS City Council, Special Session, January 29, 2007. Council met in Special Session at 5:30 P. M. in Conference Room B at City Hall. City Council Special Session, February 5, 2007 Council met in Special Session at 5:30 p.m. in the Library Auditorium. Present: Mayor Buol, Council Members Cline, Connors, Jones, Lynch, Michalski, City Manager Van Milligen, City Attorney Lindahl Absent: Council Member Braig Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of discussing such matters that may properly come before the City Council. Assistant City Manager Position: City Man- ager recommending approval of the creation of a 3/4 time Assistant City Manager position, with the main responsibilities being intergovernmen- tal relations, nurturing partnerships, and go- vernmental and foundation grant funding, upon motion received and filed and approved recom- mendation. Connors questioned the potential for conflict of interest if the person selected to fill the posi- tion also worked for other agencies that the City dealt with, i.e., the Dubuque County Historical Society. City Attorney Lindahl said that in his opinion the positions would not be in conflict with each other and that if the potential for conflict of interest would become evident that such situa- tion would be handled appropriately. Michalski stated she had three questions re- garding the position. First of all, how the position would fit in with other positions in the City organ- ization such as the Economic Development Di- rector and the current Assistant City Manager; secondly, was it necessary to advertise the posi- tion; and thirdly the potential for conflict of inter- est. City Manager Van Milligan replied that the position would fit well with the current positions as the position was structured to complement those positions. He further explained that the new position would be dedicated to legislative issues and identifying opportunity for grants and state/federal funding. As to advertising for the position, he explained the City Council is voting to create the position -not fill it and as it is not covered by Civil Service the position is a City Manager appointment. There being no further business, Michalski moved to adjourn. Seconded by Cline. Motion carried 6-0. The meeting adjourned at 5:44 p.m. Present: Mayor Pro Tem Karla Braig; Coun- cil Members Pat Cline, Joyce Connors, Ric Jones, Kevin Lynch, Ann Michalski; City Manag- er Michael Van Milligen, City Attorney Barry Lin- dahl Absent at Roll Call: Mayor Roy D. Buol en- tered at 5:40 p.m. Mayor Pro Tem Braig read the call and stated this is a special session of the City Coun- cil called for the purpose of discussing the 2005- 2008 Convention and Visitors Bureau Planning Process and Business Plan. Sue Czeshinski, Dubuque Area Chamber of Commerce Conven- tion and Visitors Bureau, provide the City Coun- cil with an update of the CVB's past-year's ac- tivities and reviewed its proposed budget and business plan for the next year. There being no further business, upon mo- tion the meeting adjourned at 6:16 p.m. /s/ Jeanne F. Schneider, CMC City Clerk Jeanne F. Schneider, CMC City Clerk 24 Regular Session, February 5, 2007 Book 137 CITY OF DUBUQUE, IOWA CITY COUNCIL OFFICIAL PROCEEDINGS City Council Regular Session, February 5, 2007 Council met at 6:30 p.m. in the Library Audi- torium Present: Mayor Roy D. Buol; Council Mem- bers Karla Braig, Pat Cline, Joyce Connors, Ric Jones, Kevin Lynch, Ann Michalski; City Manag- er Michael Van Milligen, City Attorney Barry Lin- dahl Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of discussing matters which may prop- erly come before the Council. Invocation was given by Chaplain David Pa- cholke, United Methodist Affiliation - Finley Hospital CONSENT ITEMS Services of Iowa, the agent for the Iowa Com- munities Assurance Pool: Justin Apel for vehicle damage; Thomas Kehoe for vehicle damage; Harold O. Miller for vehicle damage; Matthew Smothers for vehicle damage; Lary L. Williams for vehicle damage, upon motion received, filed and concurred. Iowa Department of Economic Development: Communication from the Iowa Department of Economic Development advising that The Dur- rant Group, Inc. has been awarded IDED finan- cial assistance for their project in the Port of Dubuque, upon motion received and filed. Electrical Code Board: Communication from Steve Neyens, Secretary to the Electrical Code Board, advising that David Pregler has submit- ted his resignation from the Board, upon motion received and filed. St. Mark Community Center: Communication from Sister Inez Turnmeyer and Sandi Helger- son, Saint Mark Community Center, requesting City support for after-school programs at three locations in the Fiscal Year 2008 budget, upon motion received and filed and referred to the City Manager. Minutes and Reports Submitted: Airport Commission of 12/11; Cable TV Regulatory Commission of 11/08; Cable TV Teleprogram- ming Commission of 12/11; City Council of 1/16 and 1/29; Civil Service Commission of 1/9; Elec- trical Code Board of 1/22; Historic Preservation Commission of 1/18; Housing Commission of 11/28; Housing Commission Trust Fund Com- mittee of 1/29; Human Rights Commission of 11/13; Investment Oversight Advisory Commis- sion of 1/24; Library Board of 12/14; Long Range Planning Advisory Commission of 1/17; Mechanical Board of 1/23; Park and Recreation Commission of 1/9; Zoning Board of Adjustment of 1/25, upon motion received and filed. Investment Oversight Commission submit- ting the 55th quarterly report, upon motion re- ceived and filed. Proofs of publication of City Council Pro- ceedings of November 20, December 11, De- cember 19, 2006, January 3, and January 16, 2007 and List of Claims and Summary of Reve- nues for Month Ending December 31, 2006, upon motion received and filed. Notice of Claims/Suits: Thomas J. Kehoe for vehicle damage; Mortgage Electronic Registra- tion Systems, Inc. vs. City of Dubuque Housing and Community Development Department, et al; Matthew Smothers for vehicle damage; Lary L. Williams for vehicle damage, upon motion re- ceived and filed and referred to the City Attorney for investigation/report. City Attorney advising that the following claims have been referred to Public Entity Risk Iowa League of Cities: Communication from the Iowa League of Cities inviting the City to bid on the 2011 Iowa League of Cities Annual Con- ference and Exhibit, upon motion received and filed and referred to the City Manager. Motion for Rehearing: City Attorney advising that the Supreme Court has denied the Petition for Rehearing in the Sutton vs. Dubuque City Council case, upon motion received and filed. Four Mounds Foundation: Communication from Christine Happ Olson, Executive Director of the Four Mounds Foundation, congratulating the City on the award from the AIA that allows the City to engage in the Green Sustainable Design Assessment Team study and requesting that Four Mounds be involved in the planning process and that their site be utilized as a dem- onstration model, upon motion received and filed and referred to the City Manager. Dubuque Metropolitan Area Solid Waste Agency: Communication from Chuck Goddard, Dubuque Metropolitan Area Solid Waste Agency Administrator, submitting the Agency's Fiscal Year 2008 budget and fee schedule, upon mo- tion received and filed. Vision Iowa: Communication from Andrew Anderson, Vision Iowa Board Chairman, submit- ting the Vision Iowa Status Report, upon motion received and filed. City of Webster City: Communication from Book 137 Regular Session, February 5, 2007 Ed Sadler, City Manager of Webster City, Iowa, requesting that the City of Dubuque send a letter to area legislators urging their commitment to complete Highway 20 as a four-lane highway across the State of Iowa, upon motion received and filed. Citizen Communication: Communication from D. Michael O'Meara requesting that the City identify and name city streets in honor of those war dead of the Vietnam-era conflict, upon motion received and filed. Purchase of Property - 509 East 22nd Street: City Manager recommending that the City purchase a residential dwelling located at 509 East 22nd Street as part of the acquisition program associated with the Bee Branch Creek Restoration Project, upon motion received and filed. Michalski moved to adopt Resolution No. 40-07, Approving the acquisition of real estate located at 509 East 22nd Street in the City of Dubuque. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 40-07 APPROVING THE ACQUISITION OF REAL ESTATE LOCATED AT 509 E. 22nd STREET, IN THE CITY OF DUBUQUE WHEREAS, the City of Dubuque intends to acquire certain properties located in the area of the Bee Branch Creek Restoration Project for stormwater mitigation activities as recommend- ed in the 2001 HDR "Drainage Basin Master Plan;" and WHEREAS, a purchase agreement has been finalized with the owner of the thirteenth property scheduled for acquisition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the City of Dubuque hereby approves the acquisition of the following legally described property: The Southwesterly'/2 of Lot 3 in Sanford's Subdivision in the City of Dubu- que, Iowa, according to the recorded plats the- reof at the cost of Sixty one thousand dollars ($61, 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 she is hereby authorized and directed to cause said Quit Claim Deed to be recorded in the office of the Dubuque County Recorder, together with certified copy of the Resolution. Section 4. That the City Clerk be and she is hereby directed to forward a copy of this Resolu- tion to the Dubuque County Assessor and the Dubuque County Auditor. Passed, approved and adopted this 5th day 25 of February, 2007. Roy D. Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk Purchase of Property - 505 Rhomberg Ave- nue: City Manager recommending that the City purchase a residential dwelling located at 505 Rhomberg Avenue as part of the acquisition program associated with the Bee Branch Creek Restoration Project, upon motion received and filed. Michalski moved to adopt Resolution No. 41-07 Approving the acquisition of real estate located at 505 Rhomberg Avenue in the City of Dubuque. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 41-07 APPROVING THE ACQUISITION OF REAL ESTATE LOCATED AT 505 RHOMBERG AVENUE, 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 recommend- ed in the 2001 HDR "Drainage Basin Master Plan;" and WHEREAS, a purchase agreement has been finalized with the owner of the twelfth property scheduled for acquisition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the City of Dubuque hereby approves the acquisition of the following legally described property: Lot 13 in Smedley's Subdivision in the City of Dubuque, Iowa, according to the recorded plat thereof. At the cost of Sixty thousand dollars ($60, 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 she is hereby authorized and directed to cause said Quit Claim Deed to be recorded in the office of the Dubuque County Recorder, together with certified copy of the Resolution. Section 4. That the City Clerk be and she is hereby directed to forward a copy of this Resolu- tion to the Dubuque County Assessor and the Dubuque County Auditor. Passed, approved and adopted this 5th day of February, 2007. Roy D. Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk Eagle Point Park Concrete Replacement Projects: City Manager recommending accep- tance of the Eagle Point Park Concrete Re- placement Projects as completed by Kluck Con- 26 Regular Session, February 5, 2007 Book 137 struction in the final contract amount of $91,312.75, upon motion received and filed. Michalski moved to adopt Resolution No. 42-07 Accepting improvement and Resolution No. 43- 07 Approving final estimate. Seconded by Con- nors. Motion carried 7-0. RESOLUTION NO. 42-07 ACCEPTING IMPROVEMENT WHEREAS, the contract for the Eagle Point Park Concrete 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 DUBU- QUE, IOWA: 1. That the recommendation of the City Manager be approved and that said improve- ment 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 February, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 43-07 FINAL ESTIMATE WHEREAS, the contract for the Eagle Point Park Concrete 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 costs; NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $91,312.75, 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 February, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Five Flags Bleacher Replacement Project: City Manager recommending acceptance of the Five Flags Bleacher Replacement Project as completed by Iowa Direct Equipment and Ap- praisal L. C. in the final contract amount of $354,950, upon motion received and filed. Mi- chalski moved to adopt Resolution No. 44-07 Accepting improvement and Resolution No. 45- 07 Approving final estimate. Seconded by Con- nors. Motion carried 7-0. RESOLUTION NO. 44-07 ACCEPTING IMPROVEMENT WHEREAS, the contract for the Five Flags Bleacher Replacement Project has been com- pleted 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 DUBU- QUE, IOWA: 1. That the recommendation of the City Manager be approved and that said improve- ment 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 February, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 45-07 FINAL ESTIMATE WHEREAS, the contract for the Five Flags Bleacher Replacement Project has been com- pleted 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 DUBU- QUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $354,950, 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 February, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Alta Vista/Carlotta Streets Reconstruction Project: City Manager recommending accep- tance of the Alta Vista/Carlotta Streets Recon- struction Project as completed by Portzen Con- struction, Inc., in the final contract amount of $802,249.02 and approval of the final schedule of assessments, upon motion received and filed. Michalski moved to adopt Resolution No. 47-07 Accepting the Alta Vista -Carlotta Streets Re- construction Project, Resolution No. 48-07 Ap- proving final estimate, and Resolution No. 49-07 Adopting the final assessment schedule for the Alta Vista - Carlotta Streets Reconstruction Project including certain information required by the Code of Iowa, specifically, the number of annual installments into which assessments are divided, the interest on all unpaid installments, the time when the assessments are payable and Book 137 Regular Session, February 5, 2007 directing the Clerk to certify the final schedule and to publish notice thereof. Seconded by Connors. Motion carried 7-0. A Schedule of As- sessments is on file in the Office of the City Clerk, City Hall., 50 W. 13th Street. RESOLUTION NO. 47-07 ACCEPTING THE ALTA VISTA - CARLOTTA STREETS RECONSTRUCTION PROJECT Whereas, the contract for the Alta Vista - Carlotta Streets Reconstruction Project (the Project) has been completed and the City Man- ager has examined the work and filed a certifi- cate stating that the Project has been completed according to the terms of the contract, plans and specifications and that the City Manager re- commends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The recommendation of the City Manager is approved and the Project is hereby accepted. Section 2. The City Treasurer is hereby di- rected to pay to the contractor from the Street Construction Fund, Watermain Replacement Fund, Street Program Sanitary Sewer Improve- ments, Alta Vista Storm Sewer Reconstruction Fund, and the Fiber Optic Conduit -Paving Projects Fund appropriation for the contract amount of $802,249.02 less any retained per- centage 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. Passed, approved and adopted this 5th day of February, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 48-07 FINAL ESTIMATE Whereas, the construction contract for the Alta Vista - Carlotta Streets Reconstruction Project has been completed and the City Engi- neer has submitted his final estimate showing the cost thereof including the final cost esti- mates, notices and inspection and all miscella- neous costs. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $898,468.89 and the said amount shall be paid from the Street Con- struction Fund, Watermain Replacement Fund, Street Program Sanitary Sewer Improvements, Alta Vista Storm Sewer Reconstruction Fund, and the Fiber Optic Conduit -Paving Projects Fund of the City of Dubuque, Iowa. Section 2. That $159,194.26 of the cost the- reof shall be assessable upon improved residen- tial properties and that $403,672.19 shall be 27 paid from the Street Construction Fund, $95,482.88 shall be paid from the Watermain Replacement Fund, $82,144.07 shall be paid from the Street Program Sanitary Sewer Im- provements Fund, $110,000.00 shall be paid from the Alta Vista Storm Sewer Reconstruction Fund, and $47,975.49 shall be paid from the Fiber Optic Conduit -Paving Project Fund. Passed, approved and adopted this 5th day of February, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 49-07 ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE ALTA VISTA - CAR- LOTTA STREETS RECONSTRUCTION PROJECT INCLUDING CERTAIN INFORMA- TION REQUIRED BY THE CODE OF IOWA, SPECIFICALLY, THE NUMBER OF ANNUAL INSTALLMENTS INTO WHICH ASSESS- MENTS ARE DIVIDED, THE INTEREST ON ALL UNPAID INSTALLMENTS, THE TIME WHEN THE ASSESSMENTS ARE PAYABLE AND DIRECTING THE CLERK TO CERTIFY THE FINAL SCHEDULE AND TO PUBLISH NOTICE THEREOF NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That after full consideration of the Final Schedule of Assessments as shown on the at- tached sheet(s), Page 1 to Page 2 inclusive, is hereby determined to be the Final Schedule of Assessments to be made for the construction of the Alta Vista -Carlotta Streets Reconstruction Project under contract with Portzen Construc- tion, Inc. of Dubuque, Iowa, and which the Final Schedule of Assessments were filed in the office of the City Clerk on the 5th day of February, 2007, the said Final 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 benefited properties, the respective sums indicated. Provided, further, that 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 schedule, subject to the provisions of Section 384.63 of the Code of Iowa. 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. That the City Clerk be and 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 con- secutive weeks in the manner provided in Sec- tion 362.3, the first publication of which shall be 28 Regular Session, February 5, 2007 Book 137 not more than fifteen 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 Section 384.60 of the Code of Iowa. Those assessments may be paid in full or in part without interest at the office of the City Treasurer, City Hall, 50 W. 13th Street, Dubu- que, Iowa, at any time within 30 days after the date of the first publication of this notice of the filing of the Final Schedule of Assessments with the County Treasurer. After 30 days, unpaid assessments of $100.00 or more are payable in 10 annual installments at the County Treasurer's Office, Dubuque County Courthouse, 720 Cen- tral Avenue, Dubuque, Iowa, and will draw an- nual 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 se- miannually in advance. Passed, approved and adopted this 5th day of February, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Bonson Road Reconstruction Project: City Manager recommending acceptance of the Bon- son Road Reconstruction Project as completed by Horsfield Construction, Inc., in the final con- tract amount of $542,647.00 and approval of the final schedule of assessments, upon motion received and filed. Michalski moved to adopt Resolution No. 50-07 Accepting the Bonson Road Reconstruction Project, Resolution No. 51- 07 Approving final estimate, and Resolution No. 52-07 Adopting the final assessment schedule for the Bonson Road Reconstruction Project including certain information required by the Code of Iowa, specifically, the number of annual installments into which assessments are divided, the interest on all unpaid installments, the time when the assessments are payable and direct- ing the Clerk to certify the final schedule and to publish notice thereof. Seconded by Connors. Motion carried 7-0. A Schedule of Assessments is on file in the Office of the City Clerk, City Hall., 50 W. 13th Street. RESOLUTION NO. 50-07 ACCEPTING THE BONBON ROAD RECON- STRUCTION PROJECT Whereas, the contract for the Bonson Road Reconstruction Project (the Project) has been completed and the City Manager has examined the work and filed a certificate stating that the Project has been completed according to the terms of the contract, plans and specifications and that the City Manager recommends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The recommendation of the City Manager is approved and the Project is hereby accepted. Section 2. The City Treasurer is hereby di- rected to pay to the contractor from the Street Construction Fund, Watermain Replacement Fund, Street Program Related Sanitary Sewer Improvements, and the Fiber Optic Conduit - Private Subdivisions & Misc. Projects Fund ap- propriation for the contract amount of $542,647.00 less any retained percentage pro- vided for therein as provided in Iowa Code chap- ter 573, and to pay such retainage only in ac- cordance with the provisions of Iowa Code chap- ter 573. Passed, approved and adopted this 5th day of February, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 51-07 FINAL ESTIMATE Whereas, the construction contract for the Bonson Road Reconstruction Project has been completed and the City Engineer has submitted his final estimate showing the cost thereof in- cluding the final cost estimates, notices and in- spection and all miscellaneous costs. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $614,132.88 and the said amount shall be paid from the Street Con- struction Fund, Watermain Replacement Fund, Street Program Related Sanitary Sewer Im- provements, and the Fiber Optic Conduit - Pri- vate Subdivisions & Misc. Projects Fund of the City of Dubuque, Iowa. Section 2. That $80,934.03 of the cost the- reof shall be assessable upon improved residen- tial and commercial properties and that $393,250.94 shall be paid from the Street Con- struction Fund, $80,403.91 shall be paid from the Watermain Replacement Fund, $5,373.48 shall be paid from the Street Program Related Sanitary Sewer Improvements Fund, and $54,170.52 shall be paid from the Fiber Optic Conduit -Private Subdivisions & Misc. Projects Fund. Passed, approved and adopted this 5th day of February, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Book 137 Regular Session, February 5, 2007 RESOLUTION NO. 52-07 ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE BONBON ROAD RE- CONSTRUCTION PROJECT INCLUDING CERTAIN INFORMATION REQUIRED BY THE CODE OF IOWA, SPECIFICALLY, THE NUM- BER 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 FINAL SCHEDULE AND TO PUBLISH NOTICE THEREOF NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That after full consideration of the Final Schedule of Assessments as shown on the at- tached sheet(s), Page 1 to Page 1 inclusive, is hereby determined to be the Final Schedule of Assessments to be made for the construction of the Bonson Road Reconstruction Project under contract with Horsfield Construction, Inc. of Ep- worth, Iowa, and which the Final Schedule of Assessments were filed in the office of the City Clerk on the 5th day of February, 2007, the said Final 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 benefited properties, the respective sums indicated. Provided, further, that 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 schedule, subject to the provisions of Section 384.63 of the Code of Iowa. 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. That the City Clerk be and 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 con- secutive weeks in the manner provided in Sec- tion 362.3, the first publication of which shall be not more than fifteen 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 Section 384.60 of the Code of Iowa. Those assessments may be paid in full or in part without interest at the office of the City Treasurer, City Hall, 50 W. 13th Street, Dubu- que, Iowa, at any time within 30 days after the date of the first publication of this notice of the filing of the Final Schedule of Assessments with the County Treasurer. After 30 days, unpaid assessments of $100.00 or more are payable in 29 10 annual installments at the County Treasurer's Office, Dubuque County Courthouse, 720 Cen- tral Avenue, Dubuque, Iowa, and will draw an- nual 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 se- miannually in advance. Passed, approved and adopted this 5th day of February, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk GPS Rover Vehicle Purchase: City Manager recommending approval to purchase a Geo- graphic Position System (GPS) Rover from Eagle Point, Inc. in the amount of $19,920, upon motion received, filed, and approved. Seneca Monitoring Well Installation: City Manager recommending approval of a License Agreement with Seneca Environmental Services to re-install a monitoring well in the City alley right-of-way east of 500 Locust Street, upon motion received and filed. Michalski moved to adopt Resolution No. 53-07 Authorizing License Agreement between the City of Dubuque and Seneca Environmental Services. Seconded by Connors. Motion carried 7-0 RESOLUTION NO. 53-07 AUTHORIZING LICENSE AGREEMENT BE- TWEEN THE CITY OF DUBUQUE AND SE- NECA ENVIRONMENTAL SERVICES TO RE- INSTALL MONITORING WELL ON PUBLIC RIGHT-OF-WAY IN THE AREA OF 500 LO- CUST STREET Whereas, Seneca Environmental Services, on behalf of Dave's Downtown Conoco & Ser- vice Center, has requested permission from the City of Dubuque to re-install a monitoring well on City right-of-way at 500 Locust Street in Dubu- que, Iowa, for the purpose of continuing the process of sampling and analysis of the LUST#8LTY15 site, all in cooperation with the Iowa Department of Natural Resources and Iowa LUST Fund; and, Whereas, the License Agreement for Site Assessment has been prepared outlining the responsibilities of Seneca Environmental Ser- vices in the re-installation of the monitoring well to a depth of 50 feet on public right-of-way; and, Whereas, the performance of the activities of Seneca Environmental Services will be at no cost or expense to the City, and all work will be performed by the Licensee, or its employees, agents or subcontractors; and, Whereas, it is the desire of the City Council to enter into said License Agreement for the re- 30 Regular Session, February 5, 2007 Book 137 installation of a monitoring well in the public right-of-way as requested. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The License Agreement for Site Assessment be and the same is hereby ap- proved. Section 2. That the Mayor be and is hereby authorized to execute said License Agreement for and on behalf of the City Council. Passed, adopted and approved this 5th day of February 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Amendment to First Transit Contract: Com- munication from Dave Baker requesting that this item be tabled at the February 5, 2007, City Council meeting. City Manager recommending approval of an amendment to the contract with First Transit to expand their team in Dubuque from one to two positions to fill the vacant Transportation Clerk position, upon motion re- ceived, filed and tabled until February 20, 2007. Lease Amendment for "Dubuque by Car- riage": City Manager recommending approval of the Sixth Amendment to the lease agreement with Carole Lindstrom of "Dubuque by Carriage" to extend the original lease of the former Dock Board building for an additional two years, upon motion received, filed, and approved. Cottingham and Butler CEBA Agreement: City Manager recommending approval of an amendment to the Community Economic Bet- terment Account (CEBA) Agreement with the Iowa Department of Economic Development and Cottingham and Butler Insurance Service which extends the project completion date by one year, upon motion received and filed. Michalski moved to adopt Resolution No. 54-07 Authorizing the approval of an amendment to the CEBA Agree- ment with Cottingham & Butler Insurance Ser- vice. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 54-07 AUTHORIZING THE APPROVAL OF AN AMENDMENT TO THE CEBA AGREEMENT WITH COTTINGHAM & BUTLER INSURANCE SERVICE. Whereas, the Iowa Department of Economic Development's Community Economic Better- ment Account (CEBA) was designed to assist in the economic development efforts of local juris- dictions; and Whereas, The Department of Economic De- velopment approved Agreement Number 01- CEBA-45 with the City of Dubuque and Cotting- ham & Butler on April 19, 2001 for the expendi- ture of Community Economic Betterment funds; and Whereas, Cottingham & Butler desire to amend the agreement and have requested to extend the project by one year by amending the project completion date to June 30, 2005. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the amendment to extend the project by one year by amending the project completion date to June 30, 2005 for the Com- munity Economic Betterment Account program on behalf of Cottingham & Butler, Inc. is hereby approved. Section 2. That the Mayor is hereby autho- rized to execute the amendment and the City Manager is hereby directed to submit said amendment to the Iowa Department of Econom- ic Development together with such documents as may be required. Passed, approved, and adopted this 5th day of February 2007. Roy D. Buol, Mayor Attest: Jeanne Schneider, City Clerk Unified Development Code Bluffland Advi- sory Committee: City Manager recommending City Council confirmation of the addition of Jim Gonyier, Co-Director of Transportation and Planning at ECIA (East Central Intergovernmen- tal Association) to the Unified Development Code Bluffland Advisory Committee, upon mo- tion received, filed, and approved. Shot Tower Archeological Survey: City Man- ager recommending approval of a Memorandum of Agreement (MOA) between the National Parks Service (NPS), State Historical Society of Iowa (SHSI), and the City of Dubuque for the Shot Tower Archeological Investigation, upon motion received and filed. Michalski moved to adopt Resolution No. 55-07 Authorizing a Me- morandum of Agreement with the National Park Service and the State Historical Society of Iowa for the Shot Tower Archeological Investigation. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 55-07 AUTHORIZING A MEMORANDUM OF AGREEMENT WITH THE NATIONAL PARK SERVICE AND THE STATE HISTORICAL SO- CIETY OF IOWA FOR THE SHOT TOWER ARCHEOLOGICAL INVESTIGATION Whereas, the National Park Service (NPS) has awarded the City of Dubuque a $295,000 Save America's Treasures (SAT) grant for reha- bilitation and interpretation of the Shot Tower, and as part of the SAT grant agreement the City is required to conduct an archeological investi- gation of the historic Shot Tower; and Whereas, the State Historical Society of Iowa (SHSI) has awarded a $15,500 Historic Resource Development Program (HRDP) grant to the City of Dubuque for an archeological in- Book 137 Regular Session, February 5, 2007 vestigation of the Shot Tower; and Whereas, the City of Dubuque, NPS, and SHSI have determined that in the event that the archeological resources are discovered during construction activities as part of the rehabilitation and interpretation of the Shot Tower, a Memo- randum of Agreement between the City, NPS and SHSI for the Shot Tower archeological in- vestigation should be executed. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the Memorandum of Agree- ment between the City, NPS and SHSI for the Shot Tower archeological investigation is hereby approved. Section 2. That the Mayor is hereby autho- rized to sign and submit the MOA on behalf of the City of Dubuque. Passed, approved and adopted this 5th day of February 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Historic Preservation Commission: Commu- nication from the Historic Preservation Commis- sion recommending approval of the nomination of the Star Brewery to the National Register of Historic Places, upon motion received, filed, and approved. Legislative Correspondence: Communication to federal legislators urging support efforts to fund an increase in Health Center funds of at least $181 million; communication to the Science and Transportation Committee express- ing the City's concern over an FCC rule, which sets severe limitations on local franchising au- thorities; and communication to local legislators regarding Iowa Great Places funding, upon mo- tion received and filed. White Water Creek Bridge Rehabilitation: City Manager recommending approval of an agreement with the State Historical Society of Iowa (SHSI) fora $55,250 Historic Sites Preser- vation Grant (HSPG) for rehabilitation of the White Water Creek Bridge, upon motion re- ceived and filed. Michalski moved to adopt Res- olution No. 56-07 Authorizing an agreement for the Historic Sites Preservation Grant Program for the White Water Creek Bridge. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 56-07 AUTHORIZING AN AGREEMENT FOR THE HISTORIC SITES PRESERVATION GRANT PROGRAM FOR THE WHITE WATER CREEK BRIDGE Whereas, the State Historical Society of Iowa has awarded a Historic Sites Preservation Grant for the rehabilitation of the White Water Creek Bridge, a historically and architecturally 31 significant structure; and Whereas, the City of Dubuque has budgeted the required local match for rehabilitation of the White Water Creek Bridge. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the agreement with the State Historical Society of Iowa for funds from the His- toric Sites Preservation Grant Program to reha- bilitate the White Water Creek Bridge is hereby approved. Section 2. That the Mayor is hereby autho- rized to sign the agreement for Historic Sites Preservation Grant Program funds for this project. Passed, approved and adopted this 5th day of February 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Water Pollution Control Plant Facility Plan: City Manager recommending approval of the issuance of a Request for Proposals for the Wa- ter Pollution Control Plant Facility Plan, upon motion received, filed, and approved. PEG Access Capital Grant Expenditure: City Manager recommending approval of the rec- ommendation from the Cable TV Teleprogram- ming Commission to approve three requests for funding from the Capital Grant for Access Equipment and Facilities, upon motion received, filed, and approved. Quarterly Investment Report: City Manager submitting the December 31, 2006, Quarterly Investment Report, upon motion received and filed. Substance Abuse Services Center: Diane K. Thomas, Executive Director of Substance Abuse Services Center, submitting the Second Quarter Report for Fiscal Year 2007, upon motion re- ceived and filed. Mediacom Cultural Affairs Charitable Foun- dation of Dubuque, Inc.: Communication from Kathleen McMullen, Mediacom Area Manager, requesting appointments to the Mediacom Cul- tural Affairs Charitable Foundation of Dubuque, Inc., upon motion received, filed, and referred to City Manager. Miller-Riverview Park Expansion: City Man- ager recommending approval to enter into a service agreement with IIW Engineers and Sur- veyors in the amount of $41,007.50 to study expansion of Miller-Riverview Park, upon motion received, filed, and approved. Governor's Traffic Safety Grant: City Man- ager recommending approval to seek an Iowa 32 Regular Session, February 5, 2007 Book 137 Governor's Traffic Safety special grant opportu- nity in the amount of $24,430, for the period April 1, 2007 through September 30, 2007, to supply 200 hours of traffic safety reimbursement overtime funds and to fund the purchase of five in-car video systems, upon motion received, filed, and approved. Asbury Plaza Business Park First Addition: Communication from Wendell W. Corey, Motor City LLC, requesting a one hundred eighty day (180) extension for the Asbury Plaza Business Park First Addition, upon motion received, filed, and referred to City Manager. Telecommunications Carrier Recommenda- tion: City Manager recommending approval of the selection of Qwest Choice for analog con- nections, McLeod for PRI and long distance services, and Lightedge for Internet services, upon motion received, filed, and approved. Historic Preservation Revolving Loan Fund: City Manager recommending approval of the expansion of the Historic Preservation Revolving Loan Fund to the Old Main Historic District and to individually designated historic properties that lie outside the City's historic districts; and com- munication from Terry L. Mozena, Premier Bank, requesting that the City Council approval the expansion of the Historic Preservation Revolving Loan Fund to include the Old Main Historic Dis- trict, upon motion received, filed, and approved. Labor-Management Relations Funding: Communication to Governor Chet Culver re- questing his support to reinstate efforts to bring about labor-management cooperation through- out the State of Iowa, upon motion received and filed. Signed Contracts: #1 -Eagle Point Concrete Replacement Project -Change Order; #2 -Door Relocation Project -Second Floor Engineering Offices Contract; #3 -Dubuque Federal Building Rehabilitation Project -Asbestos and Lead In- spection Contract; #4 -Water Treatment Plant South Plant Chamber Wall Sealant Project; #5 - Water Treatment Plant Pump Room Pipe Paint- ing Project; #6 -Dubuque Industrial Center West 3rd Addition - Sanitary Sewer Construction across Middle Road Contract, upon motion re- ceived and filed. Business Licenses: City Manager recom- mending approval of annual liquor license re- newals as submitted, upon motion received and filed. Michalski moved to adopt Resolution No. 57-07 Granting the issuance of a Class "C" Beer Permit to Oky Doky #8, Lee's 76 West Locust Mart, Awn Stop Mart and Hartig Drug and Reso- lution No. 58-07 Granting the issuance of a Class "C" Beer/Liquor License to Tony's Place, Bootleggers Pub, Goetz's, and Pusateri's; and a Class "B" Wine Permit to Hartig Drug Company and Oky Doky #8. Seconded by Connors. Mo- tion carried 7-0. RESOLUTION NO. 57-07 Whereas, applications for Beer Permits have been submitted and filed to this Council for ap- proval 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 DUBU- QUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS "C" BEER PERMIT: Hill Street Plaza, Inc., Oky Doky #8+(Sunday Sale) 535 Hill St.; Lee Potter, Lee's 76 & West Locust Mart+(Sunday Sale), 408 W. Locust. St.; Awn Stop Mart, Inc., Awn Stop Mart+(Sunday Sale) 1998 Jackson St.; Hartig Drug Company, Hartig Drug+(Sunday Sale), 2225 Central Ave. Passed, approved and adopted this 5th day of February, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 58-07 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and ap- proved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State Laws and all City Ordin- ances relevant thereto and they have filed prop- er bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liq- uor License. CLASS "C" BEER/LIQUOR LICENSE: Charles Steffen, Tony's Place+(Sunday Sale), 1701 Central Ave.; Bootleggers Pub, Inc., Bootleggers Pub+(Sunday Sale), 1689 Central Ave.;James Goetzinger, Goetz's+(Sunday Sale), 2776 Jackson St.;Pusateri Enterprises Inc., Pu- sateri+(Sunday Sale) 2400 Central Ave. CLASS "B" WINE: Hartig Drug Company, Hartig Drug Company, 2225 Central Ave.; Hill Street Plaza, Inc., Oky Doky # 8, 535 Hill St. Passed, approved and adopted this 5th day of February 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Book 137 Regular Session, February 5, 2007 ITEMS TO BE SET FOR PUBLIC HEARING Union Street -Request to Vacate: City Man- ager recommending that a public hearing be set for February 20, 2007 to consider a request from David L. Clemens, representing Robert McClain, to vacate and purchase a portion of Union Street south of Rush Street, upon motion received and filed. Lynch moved to adopt Resolution No. 59- 07 Intent to vacate and dispose of City interest in Lot 209A of Union Addition in the City of Du- buque, Dubuque County, Iowa, and providing for the publication of notice thereof and set public hearing for February 20, 2007, at a meeting to commence at 6:30 P. M. in the public library au- ditorium and direct the City Clerk to publish no- tice in the manner prescribed by law. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 59-07 RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN LOT 209A OF UNION ADDITION IN THE CITY OF DU- BUQUE, DUBUQUE COUNTY, IOWA Whereas, Robert H. McClain, Jr. and Karen A. McClain have requested the vacating and disposal of a portion of Union Street south of Rush Street; and Whereas, Buesing & Associates, Inc. has prepared and submitted to the City Council a plat showing the vacated portion of Union Street south of Rush Street and assigned lot number thereto, which hereinafter shall be known and described as Lot 209A of Union Addition in the City of Dubuque, Dubuque County, Iowa, should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the City of Dubuque intends to vacate and dispose of its interest in Lot 209A of Union Addition in the City of Dubuque, Dubu- que County, Iowa. Section 2. That the conveyance of Lot 209A of Union Addition in the City of Dubuque, Dubu- que County, Iowa, to Robert H. McClain, Jr. and Karen A. McClain be contingent upon the pay- ment of surveying, platting, publication, and filing fees. Section 3. That the City Clerk be and is he- reby authorized and directed to cause a notice of intent to vacate and dispose of said real es- tate to be published in the manner as prescribed by law. Passed, approved and adopted this 5th day of February, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Eagle Point Park Fee Collector's Building: City Manager recommending initiation of the public bidding process for the Eagle Point Park Fee Collector's Building Project and that a public 33 hearing on adoption of the plans and specifica- tions be set for March 19, 2007, upon motion received and filed. Lynch moved to adopt Reso- lution No. 60-07 Preliminary approval of plans and specifications, Resolution No. 61-07 Setting date of hearing on plans and specifications, and Resolution No. 62-07 Ordering bids and provid- ing for the publication of notice thereof and set public hearing for 3/19/07 at a meeting to com- mence at 6:30 P. M. in the public library audito- rium and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 60-07 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS 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 Eagle Point Park Fee Collector's Building Project, in the estimated amount of $158,000, are hereby approved and ordered filed in the office of the City Clerk, for public inspection. Passed, approved and adopted this 5th day of February, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 61-07 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS WHEREAS, the City Council of the City of Dubuque, Iowa has given its preliminary ap- proval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection of the Eagle Point Park Fee Collector's Building Project. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA, that on the 19th day of March, 2007, a public hearing will be held at 6:30 p.m. in the Public Library Auditorium, at which time interested persons may appear and be heard for or against the proposed plans and specifica- tions, form of contract and cost of said improve- ment, and the City Clerk be and is hereby di- rected to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubu- que, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may appear and file ob- jections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, approved and adopted this 5th day of February, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 34 Regular Session, February 5, 2007 Book 137 RESOLUTION NO. 62-07 ORDERING BIDS BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Eagle Point Park Fee Collector's Building Project is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that 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 ap- proved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to ad- vertise for bids for the construction of the im- provements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than forty-five days prior to the receipt of said bids at 2:00 p.m. on the 8th day of March, 2007. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final ac- tion at 6:30 p.m. on the 19th day of March, 2007. Passed, approved and adopted this 5th day of February, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk BOARDS/COMMISSIONS Applicants were invited to address the Council regarding their desire to serve on the following Boards/Commissions: Community De- velopment Advisory Commission (Two At-Large terms -terms of Giesen, Maloy; one Housing Commission Representative term -vacant and one Low/Moderate Income term all through Feb- ruary 2010). Applicant Paula Maloy, SVM. Plumbing Board (Three 3-year terms through November 2009 -terms of Harris, Papin, one vacancy; two 3-year terms through November 2008 -terms of Gonner, Willenborg). Appli- cants: Michael Swift, Dan Harris, Harlan Willen- borg, Paul Papin, Stanley Gonner. Michael Swift spoke. Electrical Code Board (One 3-year term through May 2008 -term of Pregler). Applicant: Ronald Mueller. Appointments were made to the following Boards/Commissions: Environmental Steward- ship Advisory Commission (One 3-year term through October 1, 2010 -term of Suarez). Upon motion applicant Joseph Suarez was ap- pointed to one 3-year term expiring 10/1/10. Housing Code Appeals Board (Two 3-year terms through January 11, 2009 -terms of Durley and Swift and three 3-year terms through January 11, 2010 -terms of Schaub, Kinsella and one vacancy). Upon motion applicants William J. Kinsella, Jim Matheos, and Robert Schaub were appointed to 3-year terms through 1/11/10. Transit Board of Trustees (One 3-year unexpired term through July 30, 2008). Upon motion appli- cant Sarah Davidson was appointed to a 3-year term through 7/30/08. PUBLIC HEARINGS Upon motion the rules were suspended to al- low anyone present to address the Council. Request to Purchase: Proof of publication on notice of hearing to consider a request from Ja- son M. Schneider to vacate and purchase a por- tion of Kelly Lane between Manson Road and Pego Court and City Manager recommending approval, upon motion received and filed. Motion by Lynch to adopt Resolution No. 63-07 Approv- ing plat of proposed vacated portion of Kelly Lane between Manson Road and Pego Court, Resolution No. 64-07 Vacating a portion of Kelly Lane between Manson Road and Pego Court, and Resolution No. 65-07 Disposing of City in- terest in Lot A and Lot B of Mineral Lot 511 in the City of Dubuque, Dubuque County, Iowa, subject to receiving waivers of right to purchase from two adjoining property owners. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 63-07 APPROVING PLAT OF PROPOSED VA- CATED PORTION OF KELLY LANE BE- TWEEN MANSON ROAD AND PEGO COURT Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated the 18th day of December, 2006, pre- pared by WHKS & Co., describing the proposed vacated portion of Kelly Lane between Manson Road and Pego Court; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the plat dated the 18th day of December, 2006, prepared by WHKS & Co., relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. The City of Dubuque reserves un- to itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, televi- sion cable, and electric lines as may be autho- rized by the City of Dubuque, Iowa, as shown on said plat. Section 3. That the City Clerk be and is he- reby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 5th day of February, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Book 137 Regular Session, February 5, 2007 RESOLUTION NO. 64-07 VACATING A PORTION OF KELLY LANE BE- TWEEN MANSON ROAD AND PEGO COURT Whereas, Jason M. Schneider, has re- quested the vacating of a portion of Kelly Lane between Manson Road and Pego Court; and Whereas, WHKS & Co. has prepared and submitted to the City Council a plat showing the vacated portion of Kelly Lane between Manson Road and Pego Court and assigned lot numbers thereto, which hereinafter shall be known and described as Lot A and Lot B of Mineral Lot 511 in the City of Dubuque, Dubuque County, Iowa; and Whereas, the City Council of the City of Du- buque, Iowa has determined that this portion of Kelly Lane between Manson Road and Pego Court is no longer required for public use and vacating of said portion of Kelly Lane between Manson Road and Pego Court, known as Lot A and Lot B of Mineral Lot 511 in the City of Du- buque, Dubuque County, Iowa, should be ap- proved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the real estate described as Lot A and Lot B of Mineral Lot 511 in the City of Dubuque, Dubuque County, Iowa, be and the same is hereby vacated. Section 2. The City of Dubuque reserves un- to itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, televi- sion cable, and electric lines as may be autho- rized by the City of Dubuque, Iowa, as shown in the Plat of Survey of Lot A and Lot B of Mineral Lot 511 in the City of Dubuque, Dubuque Coun- ty, Iowa. Passed, approved and adopted this 5th day of February, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 65-07 DISPOSING OF CITY INTEREST IN LOT A AND LOT B OF MINERAL LOT 511 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, pursuant to resolution and pub- lished notice of time and place of hearing, pub- lished in the Telegraph Herald, a newspaper of general circulation published in the City of Du- buque, Iowa on this 26th day of January, 2007, the City Council of the City of Dubuque, Iowa met on the 5th day of February, 2007, at 6:30 p.m. in the Public Library Auditorium, 360 West 11 Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as: Lot A and Lot B of Mineral Lot 511 in the City 35 of Dubuque, Dubuque County, Iowa; and Whereas, the City Council of the City of Du- buque, Iowa overruled any and all objections, oral or written to the proposal to sell such real estate, except for easement as noted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the sale of City of Dubuque real property described as Lot A and Lot B of Mineral Lot 511 in the City of Dubuque, Dubu- que County, Iowa, to Jason M. Schneider be and the same is hereby approved for the sum of $300.00, plus the cost of platting, publication, and filing fees. Conveyance shall be by Quit Claim Deed. Section 2. The City of Dubuque reserves un- to itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, televi- sion cable, and electric lines as may be autho- rized by the City of Dubuque, Iowa, as shown in the Plat of Survey of Lot A and Lot B of Mineral Lot 511 in the City of Dubuque, Dubuque Coun- ty, Iowa. Section 3. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and di- rected to deliver said deed of conveyance to Jason M. Schneider upon receipt of the pur- chase price in full. Section 4. That the City Clerk be and is he- reby authorized and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and Du- buque County Auditor. Passed, approved and adopted this 5th day of February, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Washington Neighborhood Urban Revitaliza- tion Area Plan: Proof of publication on notice of hearing to consider adoption of the Washington Neighborhood Urban Revitalization Area Plan and City Manager recommending approval, upon motion received and filed. Ordinance No. 04-07 Repealing the existing Washington Neighborhood Urban Revitalization Area and establishing the Washington Neighborhood Ur- ban Revitalization Area as an Urban Revitaliza- tion Area pursuant to Chapter 404 of the Code of Iowa, presented and read. Connors moved 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 finally passed be suspended. Seconded by Braig. Motion carried 7-0. Connors moved that this be the final consideration and adoption of the Ordinance. Seconded by Lynch. Motion carried 7-0. 36 Regular Session, February 5, 2007 Book 137 OFFICIAL PUBLICATION ORDINANCE NO. 4-07 AN ORDINANCE REPEALING THE EXISTING WASHINGTON STREET URBAN REVITALI- ZATION DISTRICT AND ESTABLISHING THE WASHINGTON NEIGHBORHOOD URBAN REVITALIZATION AREA AS AN URBAN RE- VITALIZATION AREA PURSUANT TO CHAP- TER 404 OF THE CODE OF IOWA. Whereas, the City Council of the City of Du- buque has previously established the Washing- ton Street Urban Revitalization Area by Ordin- ance 40-81, as amended by Ordinance 5-84; and Whereas, the City Council finds that the Washington Street Urban Revitalization Area should be revised and expanded to include addi- tional areas of the Washington Neighborhood; and Whereas, the area proposed for designation under the Urban Revitalization Act is based upon the need for the encouragement of hous- ing and residential development and the need for preservation and restoration of buildings due to their age, history, architecture or significance as defined by Section 403.17 of the Iowa Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That Ordinance 40-81 and Ordin- ance 5-84 establishing and amending the Wash- ington Street Urban Revitalization Area Plan are hereby repealed. Section 2. That the Washington Neighbor- hood Urban Revitalization Area as herein de- scribed shall hereafter be designated an urban revitalization area pursuant to Chapter 404 of the Code of Iowa 2005, to wit: Beginning at the northeast corner of Kniest Street and 22nd Street, continue southeast on Kniest Street until 20th Street (Garfield Avenue), turn west until Elm Street, turn south on Elm Street until 11th Street, turn west on 11th Street until Central Avenue, turn north on Central until 14th Street, at which point turn west and run north behind the properties facing Central Ave- nue to 22nd Street, then continue east on 22nd Street to the starting point, excluding the Ma- nesseh House Urban Revitalization District at 2080 Elm Street, legally described as Lot 1of Lot 2 of Lot 1 of Lot 2 of Lot 2 of Lot 3 of Lot 10 and part of Lot 1 of Lot 1 of Lot 2 of Lot 3 of Lot 10 in Kniest Subdivision, all in the City of Dubuque, Iowa. Section 3. That the Washington Neighbor- hood Urban Revitalization Area Plan as hereto attached is hereby adopted and approved and the properties within said described area shall be subject to the provisions of said Plan. Section 4. That said Washington Neighbor- hood Urban Revitalization Area Plan shall he- reafter be on file in the City Clerk's Office, City Hall, Dubuque, Iowa. Section 5. That the City Clerk is hereby au- thorized and directed to publish this Ordinance on or after March 9, 2007, provided that the City Clerk prior to that date has received no valid petition requesting a second public hearing, and in the event such petition has been received, then this Ordinance shall be null and void. Passed, approved and adopted this 5th day of February, 2007. /s/Roy D Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald Newspaper the 14th day of March, 2007. /s/Jeanne F. Schneider, CMC, City Clerk Eagle Point Rock Bluff Stabilization Project: Communication from Richard Vorwald regarding the Eagle Point Bluff Scaling and Tree Removal Project. Proof of publication on notice of hearing regarding the Eagle Point Rock Bluff Stabiliza- tion Project and City Manager recommending rejection of the one bid received, upon motion received and filed. Motion by Cline to adopt Resolution No. 66-07 Rejecting bids for the Eagle Point Rock Bluff Stabilization Project. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 66-07 REJECTING BIDS FOR THE EAGLE POINT BLUFF & TREE REMOVAL PROJECT Whereas, sealed proposals have been sub- mitted by contractors for the Eagle Point Bluff & Tree Removal Project (the Project) pursuant to Resolution No. 606-06 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 22nd day of December, 2006; and Whereas, sealed proposals were opened and read on the 16th day of January, 2007; and Whereas, the City Council has deemed it advisable to reject all bids and to re-bid the Project at a later date. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the bids for the above Project be rejected and the City Treasurer is authorized and instructed to return the bid depo- sits of all bidders. Passed, adopted and approved this 5th day of February, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Reeder and Lois Street Sanitary Sewer Project: Proof of publication on notice of hearing to consider adoption of the plans and specifica- tions for the Reeder and Lois Street Sanitary Sewer Project and City Manager recommending award of the contract to WC Stewart Construc- tion, Inc., in the amount of $42,602.02, upon motion received and filed. Motion by Connors to Book 137 Regular Session, February 5, 2007 adopt Resolution No. 67-07 Adopting plans and specifications, Resolution No. 68-07 Awarding construction contract for the Reeder and Lois Street Sanitary Sewer Project, and Resolution No. 69-07 Approving construction contract with WC Stewart Construction Company for the Reeder and Lois Street Sanitary Sewer project. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 67-07 RESOLUTION ADOPTING PLANS AND SPE- CIFICATIONS Whereas, on the 27th day of December, 2006, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Reeder and Lois Street Sanitary Sewer Project. Whereas, notice of hearing on plans, specifi- cations, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby ap- proved as the plans, specifications, form of con- tract and estimated cost for said improvements for said project. Passed, adopted and approved this 5th day of February, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 68-07 AWARDING CONSTRUCTION CONTRACT FOR THE REEDER AND LOIS STREET SANI- TARY SEWER PROJECT Whereas, sealed proposals have been sub- mitted by contractors for the Reeder and Lois Street Sanitary Sewer Project pursuant to Reso- lution No. 10-07 and notice to bidders published in a newspaper published in the City of Dubu- que, Iowa on the 5th day of January, 2007. Whereas, said sealed proposals were opened and read on the 25th day of January, 2007, and it has been determined that the bid of WC Stewart Construction Co. of Dubuque, Iowa, in the amount of $42,602.02 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the plans and specifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the contract for the above improvement be awarded to WC Stewart Construction Co. and the Manager be and is hereby directed to execute a contract on behalf of the City of Du- buque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return 37 the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 5th day of February, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 69-07 APPROVING CONSTRUCTION CONTRACT WITH WC STEWART CONSTRUCTION CO. FOR THE REEDER AND LOIS STREET SANI- TARY SEWER PROJECT Whereas the City Council by Resolution No. 68-07 awarded the construction contract for the Reeder and Lois Street Sanitary Sewer Project to WC Stewart Construction Co.; and Whereas WC Stewart Construction Co. has submitted the attached executed contract and bond. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: 1. The contract and bond attached hereto are hereby approved. 2. The City Manager is hereby authorized and directed to execute the contract on behalf of the City of Dubuque. Passed, approved and adopted this 5th day of February, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Upon motion the rules were reinstated limit- ing discussion to the Council. ACTION ITEMS Stone Cliff Winery Project: Request of Bob and Nan Smith, Stone Cliff Winery, to provide a report on the status of the Stone Cliff Winery project at the Brewery, upon motion received and filed. American Institute of Architects: Communi- cation from the American Institute of Architects advising that the City's application for technical assistance from the American Institute of Archi- tects' Sustainable Design Assessment Team (SDAT) program has been accepted, upon mo- tion received and filed. Port of Dubuque Public Parking Facility De- velopment Agreement: City Manager recom- mending approval of the development agree- ment with Diamond Jo, L.L.C. for the construc- tion and financing of a public parking ramp in the Port of Dubuque, upon motion received and filed. Motion by Jones to adopt Resolution No. 70-07 Accepting the proposal from Diamond Jo, L.L.C. for the financing of the design, construc- tion, and the cost of on-going operations and maintenance of a public parking facility in the Greater Downtown Urban Renewal District in the Port Of Dubuque in the City of Dubuque, Iowa and approving the Port of Dubuque Public Park- 38 Regular Session, February 5, 2007 Book 137 ing Facility Development Agreement between the City of Dubuque, Iowa and Diamond Jo, L.L.C. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 70-07 ACCEPTING THE PROPOSAL FROM DI- AMOND JO, L.L.C. FOR THE FINANCING OF THE DESIGN, CONSTRUCTION, AND THE COST OF ON-GOING OPERATIONS AND MAINTENANCE OF A PUBLIC PARKING FA- CILITY IN THE GREATER DOWNTOWN UR- BAN RENEWAL DISTRICT IN THE PORT OF DUBUQUE IN THE CITY OF DUBUQUE, IOWA AND APPROVING THE PORT OF DUBUQUE PUBLIC PARKING FACILITY DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DU- BUQUE, IOWA AND DIAMOND JO, L.L.C. Whereas, it is determined that the City is in- terested in providing additional public parking opportunities in the Port of Dubuque; and Whereas, there is insufficient property in the Port of Dubuque to provide ample surface park- ing; and Whereas, parking ramps provide the most efficient use of space in the Port of Dubuque; and Whereas, the Diamond Jo, LLC has submit- ted aproposal to finance the design, construc- tion, and on-going operations and maintenance of a public parking ramp in the Port of Dubuque; and Whereas, it is the determination of the City Council that approval of the Port of Dubuque Public Parking Facility Development Agreement Between the City of Dubuque, Iowa and Di- amond Jo, L.L.C. is in the public interest of the citizens of the City of Dubuque, and is consistent with the City's Urban Renewal Plan for the Greater Downtown Urban Renewal District. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the Port of Dubuque Public Parking Facility Development Agreement Be- tween the City of Dubuque, Iowa and Diamond Jo, LLC is in the public interest of the citizens of the City of Dubuque and in furtherance of the City's Urban Renewal Plan, and is hereby ap- proved. Section 2. That the Mayor is hereby autho- rized and directed to execute said Development Agreement on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. That the City Manager is autho- rized to take such actions as are necessary to implement the terms of the Development Agreement as herein approved. Passed, approved and adopted this 5th day of February, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Architectural Design Contract for Public Parking Facility in the Port of Dubuque: City Manager recommending approval of the Archi- tectural Design Contract for the Public Parking Facility in the Port of Dubuque with The Durrant Group, Inc., upon motion received, filed, and approved. Five Year Street Construction Program: City Manager recommending approval of the Five Year (Fiscal Years 2008 - 2012) Street Con- struction Program, upon motion received and filed. Motion by Jones to adopt Resolution No. 71-07 Adopting the Five Year Street Construc- tion Program for Fiscal Years 2008 - 2012. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 71-07 ADOPTING THE FIVE-YEAR STREET CON- STRUCTION PROGRAM FOR FISCAL YEARS 2008-2012 Whereas, a recommended Five-Year Street Construction Program for the Fiscal Years 2008- 2012 beginning July 1, 2007, and ending June 30, 2012, for the City of Dubuque has been pre- pared and submitted to the City Council; and Whereas, the Five-Year Street Construction Program: 1) describes specific capital improve- ment projects; 2) provides estimated costs for those projects; 3) proposes sources of funding; and 4) schedules the fiscal/calendar year during which each project will be undertaken; and Whereas, the capital improvement projects for the first year of such five-year program are included in the Fiscal Year 2008 budget; and Whereas, the adoption of the Five-Year Street Construction Program is a prudent meas- ure to provide continuity of programs and is in the best interest of the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the Five-Year Street Con- struction Program for Fiscal Years 2008-2012 beginning July 1, 2007, set out in the Fiscal Years 2008-2012 recommended Capital Im- provement Budget, is hereby approved and adopted as the proposed allocation of City re- sources for capital improvements as scheduled in the years shown, subject to annual review and revision. Passed, approved and adopted this 5th day of February, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Request for Reconsideration -Stewart Con- struction, Inc. / Wayne Briggs Real Estate along Old Highway Road: Communication from Brian Kane, representing Messrs. Briggs and Stewart, requesting reconsideration of the rezoning re- quest approved by City Council on January 16, 2007, for property located at the southwest cor- Book 137 Regular Session, February 5, 2007 39 ner of Seippel Road and Old Highway Road, upon motion received and filed. Connors moved to reconsider previous vote from January 16, 2007. Seconded by Jones. Motion carried 7-0. Jones moved to table to special meeting date to be determined. Seconded by Braig. Motion car- ried 7-0. Kane explained that if the motion to recon- sider was approved, it was his clients' intent to provide topographical maps and drawings, to meet with the neighbors, and to have a special City Council meeting at the site to explain the project. City Attorney Lindahl advised the Coun- cil that if they were going to be given additional information regarding the rezoning, it was ne- cessarythat this be done in a public meeting. COUNCIL MEMBER REPORTS Buol commented on the recent US Confe- rence of Mayors meeting he attended where he accepted the "Best Community for Young People" award for the City, and he advised that the Mayors in attendance approved an action agenda for the 110th Congress, and beyond, as "Strong Cities, Strong Families...for a Strong America." Michalski congratulated the City Manager and staff on the positive outcome regarding the routing of the DM&E Railroad through the City of Dubuque. There being no further business, upon mo- tion the meeting was adjourned at 7:47 p.m. /s/ Jeanne F. Schneider, CMC City Clerk 40 Special Session, February 15, 2007 Book 137 CITY OF DUBUQUE, IOWA plained the one decision package recommended CITY COUNCIL for funding in the City Council budget which pro- vided for membership to the International Coun- OFFICIAL cil for Local Environmental Initiatives (ICLEI). PROCEEDINGS City Council, Special Session, February 15, 2007 Council met in Special Session at 6:30 P. M. in the Library Auditorium Present: Mayor Roy D. Buol; Council Mem- bers Karla Braig, Patricia Cline, Joyce Connors, Ric Jones, Kevin Lynch, Ann Michalski, City Manager Michael Van Milligen Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of discussing various City departmental budgets. The budgets for the following departments were discussed: Human Rights Department; Finance Department; Legal Department, City Manager's Office; City Council; and City Clerk's Office. Human Rights Department: Buol thanked the Human Rights Director and staff for their contin- ued efforts during the past year. In response to a question Human Rights Director Kelly Larson stated that no cases had been filed in the past year with regard to sexual orientation. Katrina Wilberding spoke in support of the Human Rights budget. Finance Department: Cline questioned on whether the Finance Department was going to pursue the usage of credit cards for payment of utility bills. Finance Director Ken TeKippe replied that they were looking into this. He also stated that the City's contract with Aquila for meter reading services would be expiring in 2009 and they would be looking at this to see if any changes needed to be made or if it would be more economical to bring this activity back to the City. Legal Department: City Attorney Lindahl re- viewed the past year's accomplishments and explained the Information Management Policy that was currently being worked on. Michalski requested that when the policy is ready it be shared with the City Council. City Manager's Office: Cline questioned the increase in overtime and the City Manager ex- plained that this was due primarily to the budget workload. Michalski asked why the new Assis- tant City Manager position was not listed on the organization chart and requested that this be brought up-to-date prior to the final public hear- ing on the budget. City Council: City Manager Van Milligen ex- City Clerk's Office: Kevin Firnstahl was intro- duced to the City Council as the new Assistant City Clerk and an overview of the requested office reconfiguration was explained. There being no further business, upon mo- tion meeting adjourned at 8:04 p.m. /s/ Jeanne F. Schneider, CMC City Clerk Book 137 Special & Regular Sesisons, February 20, 2007 41 CITY OF DUBUQUE, IOWA CITY OF DUBUQUE, IOWA CITY COUNCIL CITY COUNCIL OFFICIAL OFFICIAL PROCEEDINGS PROCEEDINGS City Council Special Session, February 20, 2007. Council met in Special Session at 5:06 p.m. in the Library Auditorium City Council Regular Session, February 20, 2007. Council met in Regular Session at 6:30 p.m. in the Library Auditorium Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski, City Manager Van Milligen; City Attorney Lindahl Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of discussing the Municipal Fire and Emergency Service Response and Deployment Study. Travis Miller of Matrix Consulting reviewed and offered for discussion the Municipal Fire and Emergency Service Response and Deployment Study. Matrix Consulting recommends adding one new fire station near Chavenelle and Rad- ford Roads and relocating Station #5 on Grand- view to the Key West area. Mr. Miller reviewed the proposed timeline, response time, and the impact of the changes on residents located in the southeast portion of the City. There being no further business, upon mo- tion the meeting adjourned at 6:29 p.m. /s/ Jeanne F. Schneider, CMC, City Clerk Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski, City Manager Van Milligen; City Attorney Lindahl Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of discussing matters which may prop- erly come before the Council. Invocation was given by Father Gabriel An- derson of St. Columbkille's Catholic Church. Proclamations: Professional Social Work Month (March 2007) received by Allison Lem- mers, 1820 Glendale Ct.; Richard Kautz Day (February 22, 2007) received by Richard Kautz. Sandy Reno introduced students from France studying at Divine Word College. CONSENT ITEMS Minutes and Reports Submitted: Airport Commission of 1/22/07; Arts and Cultural Affairs Advisory Commission of 11/28/06 and 1/23/07; City Council of 2/5/07; Conference Board of 3/6/06 and 1/18/07; Housing Commission of 1/23/07; Zoning Board of Adjustment of 2/7/07, upon motion received and filed. Proof of publication of City Council Proceed- ings of January 29, 2007, upon motion received and filed. Notice of Claims/Suits: Deutsche Bank Na- tional Trust Company vs. City of Dubuque, et al, Nationwide Advantage Mortgage Company vs. City of Dubuque Housing Services Department, et al; Jerry and Mary Donath for property dam- age; Evelyn Tharp for vehicle damage; Joyce Marie Thurston for vehicle damage, upon motion received, filed, and referred to City Attorney. City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Com- munities Assurance Pool: Evelyn Tharp for ve- hicle damage and Joyce Marie Thurston for ve- hicle damage, upon motion received, filed and concurred. 42 Regular Session, February 20, 2007 Book 137 Historic Preservation Commission: Commu- nication from Robert McCoy submitting his res- ignation from the Historic Preservation Commis- sion, upon motion received and filed. Passed, approved and adopted this 20th day of February, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Fifth Street (Alpine to Delhi Streets) Recon- struction Project: City Manager recommending acceptance of the Fifth Street (Alpine to Delhi Streets) Reconstruction Project as completed by Portzen Construction, Inc., in the final contract amount of $1,026,674.20 and approval of the final schedule of assessments. Cline moved to receive, file, and adopt Resolution No. 72-07 Accepting the Fifth Street (Alpine to Delhi Streets) reconstruction project, Resolution No. 73-07 Approving final estimate, and Resolution No. 74-07 Adopting the final assessment sche- dule for the Fifth Street (Alpine to Delhi Streets) Reconstruction Project including certain informa- tion required by the Code of Iowa, specifically, the number of annual installments into which assessments are divided, the interest on all un- paid installments, the time when the assess- ments are payable and directing the Clerk to certify the final schedule and to publish notice thereof. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 72-07 ACCEPTING THE 5th STREET RECON- STRUCTION PROJECT -DELHI STREET TO ALPINE STREET Whereas, the contract for the 5th Street Re- construction Project -Delhi Street to Alpine Street (the Project) has been completed and the City Manager has examined the work and filed a certificate stating that the Project has been completed according to the terms of the con- tract, plans and specifications and that the City Manager recommends that the Project be ac- cepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The recommendation of the City Manager is approved and the Project is hereby accepted. Section 2. The City Treasurer is hereby di- rected to pay to the contractor from the FY 2007 Street Construction Fund, Watermain Replace- ment Fund, Street Program Related Sanitary Sewer Improvements, and the Fiber Optic Con- duit -Private Subdivision and Miscellaneous Projects Fund appropriation for the contract amount of $1,026,674.20 less any retained per- centage 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. The Dubuque Community School District shall reimburse the City in the amount of $46,775.33 for all costs associated with the construction of the Lincoln School Pick- Up/Drop-Off Area. RESOLUTION NO. 73-07 FINAL ESTIMATE Whereas, the construction contract for the 5th Street Reconstruction Project -Delhi Street to Alpine Street has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the final cost estimates, notices and inspection and all miscel- laneous costs. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $1,137,636.49 and the said amount shall be paid from the FY 2007 Street Construction Fund, Watermain Replace- ment Fund, Street Program Related Sanitary Sewer Improvements, and the Fiber Optic Con- duit -Private Subdivision and Miscellaneous Projects Fund of the City of Dubuque, Iowa. The Dubuque Community School District shall reim- burse the City for all costs associated with the construction of the Lincoln School Pick-Up/Drop- Off Area. Section 2. That $165,128.64 of the cost the- reof shall be assessable upon improved residen- tial and commercial properties and that $630,846.61 shall be paid from the FY 2007 Street Construction Fund, $145,714.84 shall be paid from the Watermain Replacement Fund, $83,154.13 shall be paid from the Street Pro- gram Related Sanitary Sewer Improvements, and $66,016.94 shall be paid from the Fiber Optic Conduit -Private Subdivision and Miscel- laneous Projects Fund. The Dubuque Communi- ty School District shall reimburse the City in the amount of $46,775.33 for all costs associated with the construction of the Lincoln School Pick- Up/Drop-Off Area. Passed, approved and adopted this 20th day of February, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 74-07 A RESOLUTION ADOPTING THE FINAL AS- SESSMENT SCHEDULE FOR THE 5th STREET RECONSTRUCTION PROJECT - DELHI STREET TO ALPINE STREET INCLUD- ING CERTAIN INFORMATION REQUIRED BY THE CODE OF IOWA, SPECIFICALLY, 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 FINAL SCHEDULE AND TO PUBLISH NOTICE THEREOF Book 137 Regular Session, February 20, 2007 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That after full consideration of the Final Schedule of Assessments as shown on the at- tached sheet(s), Page 1 to Page 3 inclusive, is hereby determined to be the Final Schedule of Assessments to be made for the construction of the 5th Street Reconstruction Project -Delhi Street to Alpine Street under contract with Port- zen Construction, Inc. of Dubuque, Iowa, and which the Final Schedule of Assessments were filed in the office of the City Clerk on the 20th day of February, 2007, the said Final Schedule of Assessments be and the same is hereby ap- proved and adopted. That there be, and is hereby assessed and levied as a special tax against and upon each of the benefited properties, the respective sums indicated. Provided, further, that 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 schedule, subject to the provisions of Section 384.63 of the Code of Iowa. 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. That the City Clerk be and 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 con- secutive weeks in the manner provided in Sec- tion 362.3, the first publication of which shall be not more than fifteen 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 Section 384.60 of the Code of Iowa. Those assessments may be paid in full or in part without interest at the office of the City Treasurer, City Hall, 50 W. 13th Street, Dubu- que, Iowa, at any time within 30 days after the date of the first publication of this notice of the filing of the Final Schedule of Assessments with the County Treasurer. After 30 days, unpaid assessments of $100.00 or more are payable in 10 annual installments at the County Treasurer's Office, Dubuque County Courthouse, 720 Cen- tral Avenue, Dubuque, Iowa, and will draw an- nual 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 se- miannually in advance. 43 Passed, approved and adopted this 20th day of February, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Silver Oaks Estates: Communication from the Zoning Advisory Commission to the Dubu- que County Zoning Commission urging them to facilitate Royal Oaks Development in obtaining a secondary emergency access to Silver Oaks Estates Subdivision. Upon motion received, filed, and approved. Citizen Communication: Communication from Karl Stieglitz regarding the City's snow removal policies. Upon motion received, filed, and referred to the City Manager. National Park Service (NPS) Agreement - Preserve America Grant: City Manager recom- mending approval of an agreement with the Na- tional Park Service (NPS) for a Preserve Ameri- ca Grant for the Dubuque History Trail, and a subgrantee agreement with the Dubuque County Historical Society to provide the local match for the grant. Cline moved to receive, file, and adopt Resolution No. 75-07 Providing for an agree- ment with the National Park Service for Preserve America Funds and a subgrantee Agreement with Dubuque County Historical Society for Du- buque History Trail. Seconded by Connors. Mo- tion carried 7-0. RESOLUTION NO. 75- 07 RESOLUTION PROVIDING FOR AN AGREE- MENT WITH THE NATIONAL PARK SERVICE FOR PRESERVE AMERICA FUNDS AND A SUBGRANTTEE AGREEMENT WITH DUBU- QUE COUNTY HISTORICAL SOCIETY FOR DUBUQUE HISTORY TRAIL Whereas, the National Park Service adminis- ters Historic Preservation Funds for the Pre- serve America program; and Whereas, the City of Dubuque is a designat- ed Preserve America Community and is eligible to receive Preserve America funding; and Whereas, the National Park Service has awarded the City of Dubuque a grant of $148,500.00 from the Preserve America pro- gram for the Dubuque History Trail; and Whereas, Dubuque County Historical Socie- ty will provide the required local match for said grant. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That Preserve America Grant Agreement No. 19-06-PA-2055 with the National Park Service for the Dubuque History Trail is hereby approved and the Mayor hereby is au- thorized to sign said agreement on behalf of the City. Section 2. That the subgrantee Agreement 44 Regular Session, February 20, 2007 Book 137 with Dubuque County Historical Society to pro- vide the required local match for the Preserve America Grant Agreement No. 19-06-PA-2055 for the Dubuque History Trail is hereby approved and the City Manager hereby is authorized to sign said agreement on behalf of the City. Passed, approved and adopted this 20th day of February 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Financial Advisory Services: City Manager recommending approval of the selection of Pub- lic Financial Management (PFM) to provide fi- nancial advisory services to the City of Dubuque in connection with issuing bonds for future projects and/or bond refundings. Upon motion received, filed, and approved. Preserve America Grant Application: City Manager recommending approval of a $150,000 Preserve America grant application for expan- sion of the Mines of Spain Interpretive Exhibit and Education Program at the E.B. Lyons Inter- pretive Center. Cline moved to receive, file, and adopt Resolution No. 76-07 Providing for an application to the National Park Service for Pre- serve America funds for Mines of Spain Interpre- tive Exhibit and Education Program. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 76- 07 RESOLUTION PROVIDING FOR AN APPLI- CATION TO THE NATIONAL PARK SERVICE FOR PRESERVE AMERICA FUNDS FOR MINES OF SPAIN INTERPRETIVE EXHIBIT AND EDUCATION PROGRAM Whereas, the National Park Service (NPS) administers the Preserve America program in order to assist local economies find self- sustaining ways to promote their cultural re- sources through heritage tourism while encour- aging people to experience and appreciate local historic resources through education and herit- agetourism programs; and Whereas, the City of Dubuque, Friends of the Mines of Spain, and other partners will pro- vide the required local match for this application for the Mines of Spain Interpretive Exhibit and Education Program to the NPS Preserve Ameri- ca program; and Whereas, the City of Dubuque is a designat- ed Preserve America Community and is eligible to submit an application for funding and desires to implement a Heritage Tourism Plan; and Whereas, the City of Dubuque is willing to accept Preserve America funding if awarded and is committed to the project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the Planning Services Man- ager hereby is authorized to sign the City of Du- buque's application for the Mines of Spain Inter- pretive Exhibit and Education Program to the National Park Service Preserve America Funds. Section 2. That the City of Dubuque agrees to abide by all local, state and federal require- ments applicable to the proposed budget. Passed, approved and adopted this 20th day of February 2007. 2006 Urban Revitalization Program Applica- tions: City Manager recommending approval of 2006 Urban Revitalization Program applications for residential property tax exemption. Cline moved to receive, file, and adopt Resolution No. 77-07 Approving residential property tax exemp- tion applications submitted by property owners in recognized urban revitalization areas and authorizing the transmittal of the approved appli- cations to the City Assessor. Seconded by Con- nors. Motion carried 7-0. RESOLUTION NO. 77-07 RESOLUTION APPROVING RESIDENTIAL PROPERTY TAX EXEMPTION APPLICA- TIONS SUBMITTED BY PROPERTY OWNERS IN RECOGNIZED URBAN REVITALIZATION AREAS AND AUTHORIZING THE TRANSMIT- TAL OF THE APPROVED APPLICATIONS TO THE CITY TAX ASSESSOR Whereas, Chapter 404 of the Code of Iowa, the Urban Revitalization Act, permits cities to exempt property taxes for improvements made to properties in designated revitalization areas; and Whereas, the Urban Revitalization Act re- quires property owners to submit a written appli- cation for exemption by February 1 of the as- sessment year for which the exemption is first claimed, and further requires the City Council to approve all applications that meet the require- ments of the adopted Urban Revitalization Plan and forward the approved applications to the City Assessor for review by March 1 of each year; and Whereas, pursuant to the requirements of said Urban Revitalization Act, the following Ur- ban Revitalization Areas were established: Washington Street, Jackson Park, West 11th Street, Upper Main Street, Manasseh House, Langworthy, Cathedral and Old Main; and Whereas, the City of Dubuque, as of Febru- ary 1, 2007, received tax exemption applications from the following property owners in the afore- mentioned urban revitalization district. Washington Street Urban Revitalization Area: 1798 Washington -Washington Court LLLP; 1555 White -Steve Cook; 1557 White - Steve Cook; 1499 Elm -Karla Schramm; 1502 Washington- Jason Simon & Carrie Hannon; 1905 Jackson - Winger Construction; 1920 Jackson - Winger Construction; 1710-1718 Book 137 Regular Session, February 20, 2007 White -Jason Conrad; 1919 Central -Richard & Mary Kearney; 1628 Washington -Louise & Patrick Urbain; 1800 Jackson -Joseph Bartolot- ta; 1814 Jackson -Larry Latham; 351 E 15th Street -Skyline Properties; 1876 Washington - Laurie Baie. West 11th Street Urban Revitalization Area: 550 Arlington- Robert Johnson Mid America Holdings; 570 Arlington- Robert Johnson Mid America Holdings; 1300 Walnut -Joyce White; 1323-1325 Bluff -Susan Kearns &David Luch- singer; 982 Grove Terrace -Gordon & Mary Jensen. Cathedral Urban Revitalization Area: 450 Bluff -James Massey & Pamelape Gantz; 605 Bluff -Judge Properties LLC; 743-745 Bluff - Judge Properties LLC; Langworthy Urban Revitalization Area: 116 Alpine- Ann Murphy Upper Main Urban Revitalization Area: 1127- 1135 Iowa - K&L Leasing Manasseh House Urban Revitalization Area: 2080 Elm -Michelle Mihalakis Whereas, the Housing and Community De- velopment Department and Building Services have reviewed the above-described applications and inspected the properties, and have deter- mined that the applications and the improve- ments conform to all requirements of the City of Dubuque's Urban Revitalization Plan. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the above-described tax ex- emption applications meet the requirements of the City of Dubuque's Urban Revitalization Plan. Section 2. That the above-described tax ex- emption applications are hereby approved by the City Council, subject to the review and ap- proval of the City Assessor. Section 3. That the City Clerk is hereby au- thorized and directed to forward the above- de- scribed tax exemption applications to the City Assessor. Passed, approved and adopted this 20th day of February 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Bunker Hill Golf Course Management Agreement: City Manager recommending ap- proval of the management agreement with G.M.S., Inc., (George Stephenson) for the Bunker Hill Golf Course for the period beginning March 1 through November 30, 2007. Upon mo- tion received, filed, and approved. Miller-Riverview Park Management Agree- ment: City Manager recommending approval of the management agreement with Pat Felderman for Miller-Riverview Park from April 1 through November 1, 2007. Upon motion received, filed and approved. 45 Purchase of Replacement Dump Truck #2702: City Manager recommending approval of the purchase of a replacement dump truck by the Public Works Department. Cline moved to receive, file, and adopt Resolution No. 78-07 Approving the purchase of a dump truck to re- place #2702. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 78-07 RESOLUTION APPROVING THE PURCHASE OF A DUMP TRUCK TO REPLACE #2702 Whereas, the City Manager recommends the purchase of a dump truck from Finnin Ford, for a purchase price of $36,800.00, to replace #2702. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The purchase of a dump truck from Finnin Ford for a purchase price of $36,800.00 is hereby approved. Passed, approved and adopted this 20th day of February, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Purchase of Replacement Refuse Collection Vehicle #3406: City Manager recommending approval of the purchase of a replacement refuse collection vehicle by the Public Works Department. Cline moved to receive, file, and adopt Resolution No. 79-07 Approving the pur- chase of a refuse collection vehicle to replace #3406. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 79-07 RESOLUTION APPROVING THE PURCHASE OF A REFUSE COLLECTION VEHICLE TO REPLACE #3406 Whereas, the City Manager recommends the purchase of a refuse collection vehicle from El- liott Equipment, for a purchase price of $59,138.00, to replace #3406. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The purchase of a refuse collec- tion vehicle from Elliott Equipment fora pur- chase price of $59,138.00 is hereby approved. Passed, approved and adopted this 20th day of February, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Iowa Governor's Traffic Safety Grants: City Manager recommending approval of the submit- tal of two Iowa Governor's Traffic Safety Grant applications. Upon motion received, filed, and approved. PEG Access Capital Grant Expenditure: City Manager recommending approval of the rec- ommendation from the Cable TV Teleprogram- 46 Regular Session, February 20, 2007 Book 137 ming Commission to approve two requests for funding from the Capital Grant for Access Equipment and Facilities. Upon motion received, filed and approved. Aerial Orthophotography Project: City Man- ager recommending approval of the selection of Aerial Services, Inc., for completion of the Digital Orthophotography and Data Collection Project. Upon motion received, filed, and approved. Dubuque Industrial Center West -Seventh Addition: City Manager recommending approval of the final plat of Lot 1/Lot 2 of Dubuque Indus- trial Center West - Seventh Addition. Cline moved to receive, file, and adopt Resolution No. 80-07 Approving Plat of Survey of Dubuque In- dustrial Center West - Seventh Addition. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 80-07 RESOLUTION APPROVING PLAT OF SUR- VEY DUBUQUE INDUSTRIAL CENTER WEST 7TH ADDITION IN THE CITY OF DUBUQUE, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a Plat of Survey Dubuque Industrial Center West 7th Addition in the City of Dubuque, Iowa, dated February 6, 2007, prepared by IIW Engineers and Surveyors, P.C., describing the property to be subdivided, a copy of which is attached here- to (the Plat); and Whereas, the Plat conforms to the laws and statutes pertaining thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The Plat is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to execute the Plat for and on be- half of the City of Dubuque, Iowa. Section 2. The City Clerk is hereby autho- rized and directed to file the Plat and a certified copy of this resolution in the office of the Re- corder, in and for Dubuque County, Iowa. Passed, approved and adopted this 20th day of February, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Port of Dubuque -Subdivision of Lot: City Manager recommending approval of the subdi- vision of a lot in the Port of Dubuque to accom- modate the sale of the former Adams Company building to Port of Dubuque Adams Develop- ment, LLC to provide space for the Durrant Group. Cline moved to receive, file, and adopt Resolution No. 81-07 Approving Plat of Survey of Lot 1 of 2 and Lot 2 of 2 of Adams Company's 4th Addition in the City of Dubuque, Iowa; and Resolution No. 82-07 Approving Plat of Survey of Lots 1 and 2 of Adams Company's 4th Addi- tion in the City of Dubuque, Iowa. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 81-07 RESOLUTION APPROVING PLAT OF SUR- VEY OF LOT 1 OF 2 AND LOT 2 OF 2 OF ADAMS COMPANY'S 4TH ADDITION IN THE CITY OF DUBUQUE, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a Plat of Survey of Lot 1 of 2 and Lot 2 of 2 of Adams Company's 4th Addition in the City of Dubuque, Dubuque, County, Iowa, dated the 9th day of February, 2007, prepared by IIW Engineers & Surveyors, PC, describing the property to be subdivided, a copy of which is attached hereto (the Plat); and Whereas, the Plat conforms to the laws and statutes pertaining thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the Plat dated the 9th day of February, 2007, prepared by IIW Engineers & Surveyors, PC relative to the real estate herein above described be and the same is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to execute said Plat for and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and is he- reby authorized and directed to file the Plat and a certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 20th day of February, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 82-07 RESOLUTION APPROVING PLAT OF SUR- VEY OF LOTS 1 AND 2 OF ADAMS COMPA- NY'S 4TH ADDITION IN THE CITY OF DUBU- QUE, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a Plat of Survey of Lots 1 and 2 of Adams Company's 4th Addition in the City of Dubuque, Dubuque, County, Iowa, dated the 9th day of February, 2007, prepared by IIW Engineers & Surveyors, PC, describing the property to be subdivided, a copy of which is attached hereto (the Plat); and Whereas, the Plat conforms to the laws and statutes pertaining thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the Plat dated the 9th day of February, 2007, prepared by IIW Engineers & Surveyors, PC, relative to the real estate herein above described be and the same is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to execute said Book 137 Regular Session, February 20, 2007 Plat for and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and is he- reby authorized and directed to file the Plat and a certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 20th day of February, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk University of Iowa College of Public Health: Communication from the University of Iowa Col- lege of Public Health confirming Public Health Specialist Mary Rose Corrigan's reappointment to the College of Public Health's Board of Advi- sors fora two-year term through December 2008. Upon motion received and filed. Visioning Process for Washington Neighbor- hood -Request for Proposals: City Manager recommending approval of the issuance of a Request for Proposals (RFP) for professional consulting services related to the Washington: Revitalize! Initiative. City Manager commented that the Washington neighborhood residents will be included in the process. Connors moved to received and file. Seconded by Braig. Motion carried 7-0. Handan City People's Government: Com- munication from Zhao Guoling, Mayor of Han- dan, China, welcoming Mayor Roy D. Buol to visit Handan. Upon motion received and filed. Four Mounds Archeological Survey: City Manager recommending approval of a $8,200 grant agreement with the State Historical Socie- ty of Iowa for a Fiscal Year 2007 Certified Local Government (CLG) grant to conduct the Phase I Four Mounds Archeological Investigation at the Four Mounds Estate and approval of a subgran- tee agreement with the Four Mounds Founda- tion. Cline moved to receive, file, and adopt Resolution No. 83-07 Authorizing Grant Agree- ment for Archeological Investigation at Four Mounds Estate. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 83-07 RESOLUTION AUTHORIZING GRANT AGREEMENT FOR ARCHEOLOGICAL IN- VESTIGATION AT FOUR MOUNDS ESTATE Whereas, the State Historical Society (SHSI) of Iowa has awarded the City of Dubuque a Cer- tified Local Government (CLG) Program grant to conduct the Phase I Archeological Investigation at Four Mounds Estate; and Whereas, the Four Mounds archeological site and the Four Mounds Estate are listed on the National Register of Historic Places and des- ignated as a City landmark site; and Whereas, the City is the sponsor for said 47 Project on behalf of the Four Mounds Founda- tion, the subgrantee. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the Mayor is hereby autho- rized to sign the grant agreement with the SHSI for CLG funds to conduct the Phase I Archeolog- ical Investigation at Four Mounds Estate. Section 2. That the Mayor is hereby autho- rized to sign the subgrantee agreement with Four Mounds Foundation for said Project Section 3. That the Planning Services Man- ager is hereby authorized to administer and submit requests for reimbursements to the SHSI for said Project. Section 4. That the City of Dubuque agrees to abide by all local, state and federal require- ments applicable to the proposed project. Passed, approved and adopted this 20th day of February, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk State Revolving Fund Loan (SRF) for Drink- ing Water Infrastructure Application: City Man- ager recommending approval to apply for State Revolving Loan Funds to fund the Eagle Point Clear Well Reservoir Rehabilitation Project in place of GO Bond financing. Upon motion re- ceived, filed, and approved. Lead Hazard Reduction Program: City Man- ager recommending temporary continuation of the City's Lead Program even though the City did not receive a continuation of the Federal grant supporting this program. The Mayor asked that partnership opportunities be explored with DuPont. Michalski moved to receive, file, and approve. Seconded by Lynch. Motion carried 7- 0. Iowa Occupational Safety and Health Admin- istration (IOSHA): City Manager recommending approval of the Expedited Informal Settlement Agreement with Iowa Occupational Safety and Health Administration (IOSHA). Upon motion received, filed, and approved. Homeowner Loan Programs in Washington Neighborhood: City Manager advising of pend- ing amendments to current Housing Department loan guidelines in order to promote homeowner- ship in the Washington Neighborhood. Upon motion received and filed. Signed Contracts: Lease Agreement be- tween the City and Congressman Bruce Braley; Bee Branch Restoration Project: Phase I Con- tract; Contract with Arensdorf Construction for 2006 - 2007 Snow Removal. Upon motion re- ceived and filed. Improvement Contracts/Performance, Pay- 48 Regular Session, February 20, 2007 Book 137 ment and Maintenance Bonds: Chaplain Schmitt Memorial Project. Upon motion received and filed. Business Licenses: City Manager recom- mending approval of annual liquor license re- newals as submitted and approval of the liquor license request of Gin Rickey's, 1447 Central Avenue, for one year annual license versus the six month license previously approved. Lynch commended Gin Rickey's on their success. Lynch moved to receive, file, and adopt Resolu- tion No. 84-07 Granting the issuance of a Class "C" Beer Permit to Molo Oil Company, Dubuque Discount Gas (4110 Dodge Street) and Dubu- que Discount Gas (2175 Central Avenue); and Resolution No. 85-07 Granting the issuance of a Class "B" Liquor License to BW Midway Ho- tel/Hoffman House and Class "C" Beer/Liquor License to Gin Rickey's, Town Clock Inn, Dubu- que Mining Company, Hammerheads Bar and Billiards, Eagles Club and The Clubhouse. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 84-07 Whereas, applications for Beer Permits have been submitted and filed to this Council for ap- proval 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 DUBU- QUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS "C" BEER PERMIT Molo Oil Company, Big 10 Mart+(Sunday Sale), 2100 JFK Rd Dubuque Discount Gas Inc., Dubuque Discount Gas+(Sunday Sale), 4110 Dodge St Dubuque Discount Gas Inc., Dubuque Discount Gas+(Sunday Sale), 2175 Central Av Passed, approved and adopted this 20th day of February, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 85-07 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and ap- proved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State Laws and all City Ordin- ances relevant thereto and they have filed prop- er bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liq- uor License. CLASS "B" LIQUOR LICENSE Frontier Dubuque Hotels, BW Midway Ho- tel/Hoffman House+(Sunday/Outdoor Sale), 3100 Dodge CLASS "C" BEER/LIQUOR LICENSE HE-FR Ltd, Gin Rickey's+(Sunday Sale), 1447 Central Town Clock Inn, Town Clock Inn, 799 Town Clock The Apartments, Dubuque Mining Co+(Sunday/Outdoor Sale), 555 JFK Rd Hammerheads Inc, Hammerheads Bar & Bil- liards+(Sunday Sale), 2094 Kerper Order of the Eagles, Eagles Club+(Sunday Sale), 1175 Century Melvin Splegelhalter, The Clubhouse +(Sunday Sale), 2364 Washington Passed, approved and adopted this 20th day of February 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk ITEMS TO BE SET FOR PUBLIC HEARING Loras College -Request to Vacate and Pur- chase: City Manager recommending that a pub- lic hearing be set for March 5, 2007 to consider a request from Loras College to vacate and pur- chase the alleys between Alta Vista Street and North Booth Street from Loras Boulevard to Vernon Street. Lynch moved to receive, file, and adopt Resolution No. 86-07 Intent to vacate and dispose of City interest in Lot 30A of Levens' Addition in the City of Dubuque, Dubuque Coun- ty, Iowa, and providing for the publication of no- tice thereof and set public hearing for March 5, 2007, at a meeting to commence at 6:30 PM in the public library auditorium and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 86-07 RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN LOT 30A OF LEVENS' ADDITION IN THE CITY OF DUBU- QUE, DUBUQUE COUNTY, IOWA Whereas, Loras College has requested the vacating and disposal of the alleys between Alta Vista Street and North Booth Street from Loras Boulevard to Vernon Street; and Whereas, IIW Engineers & Surveyors, PC has prepared and submitted to the City Council a plat showing the vacated alleys between Alta Vista Street and North Booth Street from Loras Boulevard to Vernon Street and assigned a lot number thereto, which hereinafter shall be known and described as Lot 30A of Levens' Addition in the City of Dubuque, Dubuque Coun- ty, Iowa, should be approved. Book 137 Regular Session, February 20, 2007 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the City of Dubuque intends to vacate and dispose of its interest in Lot 30A of Levens' Addition in the City of Dubuque, Dubu- que County, Iowa. Section 2. That the conveyance of Lot 30A of Levens' Addition in the City of Dubuque, Dubu- que County, Iowa, to Loras College be contin- gent upon the payment of $30,112.00, plus plat- ting, publication, and filing fees. Section 3. That an ingress and egress easement be reserved to the benefit of the own- er of 1084 Vernon Street over and across a por- tion of the westerly 29 feet as shown on the Plat of Survey of said Lot 30A. Section 4. That the City Clerk be and is he- reby authorized and directed to cause a notice of intent to vacate and dispose of said real es- tate to be published in the manner as prescribed by law. Passed, approved and adopted this 20th day of February, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Residential Parking Permit District: City Manager recommending that a public hearing be set for March 5, 2007 to consider a request to establish a Residential Parking Permit District on Phyllrich Drive between Keystone Drive and Keymont Drive. Lynch moved to receive, file, and adopt Resolution No. 87-07 Setting a public hearing on establishing a Residential Parking Permit District on Phyllrich Drive from Keystone Drive to Keymont Drive, and providing for the publication of notice thereof and set public hear- ing for March 5, 2007, at a meeting to com- mence at 6:30 PM in the public library audito- rium and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Jones. Motion carried 7-0 RESOLUTION NO. 87-07 RESOLUTION SETTING A PUBLIC HEARING ON ESTABLISHING A RESIDENTIAL PARK- ING PERMIT DISTRICT ON PHYLLRICH DRIVE FROM KEYSTONE DRIVE TO KEY- MONT DRIVE Whereas, the City of Dubuque, pursuant to Section 32-383 of the Code of Ordinances, has received a petition containing sufficient signa- tures requesting that an area described as fol- lows be designated as a Residential Parking Permit District: Phyllrich Drive, from Keystone Drive to Key- mont Drive Whereas, pursuant to said Section 32-383, the City Manager has caused a parking study of the area identified above to be undertaken and which study shows at least 80 percent (80%) of the curbside parking spaces in the proposed 49 parking permit district were utilized during peak periods, and at least 25 percent (25%) of the curbside parking spaces in the proposed parking permit were utilized by non-resident parking; and Whereas, the City Manager, based upon the results of the study, and in accordance with Sec- tion 32-383, recommends that the area be des- ignated as a Residential Parking Permit District and that the City Council set a public hearing on the petition to establish such area as a Residen- tial Parking Permit District and the hours such parking restrictions are to be in effect. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the City Council finds and determines that a valid petition has been re- ceived for the designation of Phyllrich Drive from Keystone Drive to Keymont Drive, as a Residen- tial Parking Permit District. Section 2. That the Residential Parking Per- mit District hours be effective between the hours of 7 a.m. and 3 p.m. daily, except Saturdays, Sundays, and holidays. Section 3. That the City Clerk be authorized and directed to publish a notice of public hearing on the designation of the above described area as a Residential Parking Permit District, to be held on March 5, 2007. Passed, approved and adopted this 20th day of February, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Finley Home Addition -Request to Pur- chase: City Manager recommending that a pub- lic hearing be set for March 5, 2007 to consider a request from Dennis Benda, representing The Finley Hospital, to purchase a portion of Lot 25 of Finley Home Addition. Lynch moved to re- ceive, file, and adopt Resolution No. 88-07 In- tent to vacate and dispose of City interest in Lot 1 of Finley Home Addition No. 2 in the City of Dubuque, Dubuque County, Iowa, and providing for the publication of notice thereof and set pub- lic hearing for March 5, 2007, at a meeting to commence at 6:30 PM in the public library audi- torium and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 88-07 RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN LOT 1 OF FINLEY HOME ADDITION NO. 2 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, The Finley Hospital has requested the disposal of a portion of Lot 25 of Finley Home Addition; and Whereas, IIW Engineers & Surveyors, PC has prepared and submitted to the City Council a plat showing a portion of Lot 25 of Finley Home Addition and assigned lot number thereto, 50 Regular Session, February 20, 2007 Book 137 which hereinafter shall be known and described as Lot 1 of Finley Home Addition No. 2 in the City of Dubuque, Dubuque County, Iowa, should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the City of Dubuque intends to dispose of its interest in Lot 1 of Finley Home Addition No. 2 in the City of Dubuque, Dubuque County, Iowa. Section 2. That the conveyance of Lot 1 of Finley Home Addition No. 2 in the City of Dubu- que, Dubuque County, Iowa, to The Finley Hos- pital be contingent upon the payment of $19,790.00, plus platting, publication, and filing fees. Section 3. That the City Clerk be and is he- reby authorized and directed to cause a notice of intent to dispose of said real estate to be pub- lished in the manner as prescribed by law. Passed, approved and adopted this 20th day of February, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Third Street Water Tower Lease Agreement: City Manager recommending that a public hear- ing be set for March 5, 2007 to consider approv- al of a lease agreement with Iowa Communica- tions and Technology Commission of the State of Iowa (ICN) for the ICN building beneath the Third Street water tower. Lynch moved to re- ceive, file, and adopt Resolution No. 89-07 In- tent to dispose of an interest in real property by lease with the Iowa Communications and Tech- nology Commission of the State of Iowa, and providing for the publication of notice thereof and set public hearing for 3/5/07 at a meeting to commence at 6:30 PM in the public library audi- torium and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 89-07 RESOLUTION OF INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY BY LEASE WITH THE IOWA COMMUNICATIONS AND TECHNOLOGY COMMISSION OF THE STATE OF IOWA Whereas, the City of Dubuque, Iowa (City) is the owner of Lot 24 of Finley Addition in the City of Dubuque, Iowa (the Property); and Whereas, the Iowa Communications and Technology Commission of the State of Iowa (the Commission) desires to lease a part of the Property to house and operate equipment that serve as the operation of a fiber optic and elec- tronic communications system upon the terms set forth in a Lease now on file in the Office of the City Clerk at City Hall, Dubuque, Iowa, which Lease provides among other things for a term of five years; and Whereas, the City Council has tentatively de- termined that it would be in the best interests of the City to enter into the Lease with the Com- mission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The City of Dubuque intends to dispose of its interest in the Property as de- scribed in the Lease between City and the Commission. Section 2. The City Clerk is hereby autho- rized and directed to cause this Resolution and a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City's intent to dispose of the Property, to be held on the 5th day of March, 2007, at 6:30 o'clock p.m. at the public library auditorium, 11th & Locust, Dubuque, Iowa. Passed, approved and adopted this 19th day of February, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Federal Building Rehabilitation Project: City Manager recommending initiation of the public bidding process for the Federal Building Reha- bilitation Project and that a public hearing on the plans and specifications, form of contract and estimated cost be set for March 19, 2007. Lynch moved to receive, file, and adopt Resolution No. 90-07 Preliminary approval of plans and specifi- cations, form of contract, and estimated cost for the Federal Building Renovation Project, Reso- lution No. 91-07 Setting date of hearing on plans and specifications, form of contract, and esti- mated cost for the Federal Building Renovation Project, and Resolution No. 92-07 Ordering the advertisement for bids for the Federal Building Renovation Project and providing for the publi- cation of notice thereof and set public hearing for March 19, 2007, at a meeting to commence at 6:30 PM in the public library auditorium and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 90-07 PRELIMINARY APPROVAL OF PLANS, SPE- CIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE FEDERAL BUILDING RENOVATION PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Federal Building Renovation Project, in the estimated amount of $3,587,000.00, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Book 137 Regular Session, February 20, 2007 Passed, adopted and approved this 20th day of February, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 91-07 FIXING DATE OF HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE FEDERAL BUILDING RENOVATION PROJECT Whereas, the City Council of the City of Du- buque, Iowa has given its preliminary approval to the proposed plans, specifications, form of contract, and estimated cost for the Federal Building Renovation Project (the Project) and ordered the same to be on file in the office of the City Clerk for public inspection. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That a public hearing will be held on the 19th day of March, 2007, at 6:30 p.m. in the Public Library Auditorium at which time interested per- sons 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 inter- ested person may appear and file objections to the proposed plans, specifications, form of con- tract, or estimated cost of the Project. Passed, adopted and approved this 20th day of February, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 92-07 ORDERING THE ADVERTISEMENT FOR BIDS FOR THE FEDERAL BUILDING RENOVATION PROJECT NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Federal Building Renovation Project is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED that 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 ap- proved. That the City Clerk is hereby directed to ad- vertise for bids for the construction of the im- provements 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 pub- lished more than twenty days nor more than forty-five days before the date for filing bids at 51 2:00 p.m. on the 14th day of March, 2007. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Coun- cil for final action at the public hearing at 6:30 p.m. on the 19th day of March, 2007, in the Pub- lic Library Auditorium, 360 West 11th Street, Dubuque, Iowa. Passed, adopted and approved this 20th day of February, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Historic Old Main Street Lighting and Side- walk Replacement Project: City Manager re- commending initiation of the public bidding process for the Historic Old Main Street Lighting and Sidewalk Replacement Project and that a public hearing on the plans and specifications, form of contract, and estimated cost be set for March 5, 2007. Lynch moved to receive, file, and adopt Resolution No. 93-07 Preliminary approval of plans and specifications, form of contract, and estimated cost for the Historic Old Main Street Lighting and Sidewalk Replacement Project; Resolution No. 94-07 Setting date of hearing on plans and specifications, form of contract, and estimated cost for the Historic Old Main Street Lighting and Sidewalk Replacement Project; Resolution No. 95-07 Resolution of Necessity; Resolution No. 96-07 Fixing date of hearing on Resolution of Necessity; Resolution No. 97-07 Approving preliminary schedule of assessments; and Resolution No. 98-07 Ordering the adver- tisement for bids for the Historic Old Main Street Lighting and Sidewalk Replacement Project, and providing for the publication of notice thereof and set public hearing for March 5, 2007, at a meeting to commence at 6:30 PM in the public library auditorium and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 93-07 PRELIMINARY APPROVAL OF PLANS, SPE- CIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE HISTORIC OLD MAIN STREET -LIGHTING AND SIDEWALK REPLACEMENT PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Historic Old Main Street -Lighting and Sidewalk Re- placement Project, in the estimated amount $598,367.52, are hereby preliminary approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 20th day of February, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 52 Regular Session, February 20, 2007 Book 137 RESOLUTION NO. 94-07 FIXING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATED COST FOR THE HISTORIC OLD MAIN STREET -LIGHTING AND SIDEWALK REPLACEMENT PROJECT Whereas, the City Council of the City of Du- buque, Iowa has given its preliminary approval to the proposed plans, specifications, form of contract, and estimated cost for the Historic Old Main Street -Lighting and Sidewalk Replace- ment Project (the Project) and ordered the same to be on file in the office of the City Clerk for public inspection. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That a public hearing will be held on the 5th day of March, 2007, at 6:30 p.m. in the Public Library Auditorium at which time interested per- sons 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 inter- ested person may appear and file objections to the proposed plans, specifications, form of con- tract, or estimated cost of the Project. Passed, adopted and approved this 20th day of February, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 95-07 RESOLUTION OF NECESSITY Whereas, proposed plans have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of City Clerk showing among other things the plans, specifications, form of contract, esti- mate of probable cost and the Preliminary Schedule of Assessments showing the amount proposed to be assessed against each lot and the valuation of each lot as filed by the City Council, for the Historic Old Main Street - Light- ing and Sidewalk Replacement Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the City Council deems it advisable and necessary for the public welfare to make the herein mentioned improvements, and unless property owners at the time of the final consid- eration of this proposed resolution have on file with the City Clerk objections to the Resolution of Necessity, they shall be 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 and done in accordance with the plans and specifica- tions which have been approved by the City Council and now on file with the City Clerk. That the cost and expense of making such improve- ment will be assessed partially or totally against privately owned property lying with the assess- ment limits, and in an amount not to exceed that provided by law, and in proportion to the special benefits conferred. The portion of the cost which shall be borne by the City will be paid from the Annual Street Construction Program Fund, Main Street Side- walk Improvements -Jones to Fifth Street Fund, Main Street Historic Lighting (1st to 5th) Fund, Downtown Streetlight Replacement Schedule Fund, Traffic Signal Intersection Reconstruction Fund, Sidewalk Program Related Curb/Catch Basin Replacement Fund, Catch Basin Mainten- ance Fund, Stone Retaining Walls Fund, Wa- termain Replacement Fund, Street Meters Op- erations Budget, Historic District Public Im- provement Program Funds and special assess- ment bonds may be issued in anticipation of deferred payments of special assessments when a contract has been performed and ac- cepted, and the proceeds thereof used to pay the contractor. The above resolution was introduced, ap- proved and ordered placed on file with the City Clerk this 20th day of February, 2007. Approved and placed on file for final action. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 96-07 FIXING DATE OF PUBLIC HEARING ON RESOLUTION OF NECESSITY Whereas, the City Council of the City of Du- buque, Iowa, has given its preliminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection for the Historic Old Main Street -Lighting and Sidewalk Replacement Project; and Whereas, the proposed Resolution of Ne- cessity for said improvement has been intro- duced and is now on file in the City Clerk's office for public inspection. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That on the 5th day of March, 2007, a public hearing will be held at 6:30 p.m. in the Public Library Auditorium in the City of Dubuque 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 Ne- Book 137 Regular Session, February 20, 2007 cessity and the City Clerk be and is hereby au- thorized and directed to cause a notice of 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 pub- lished 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. Unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objec- tions to the Resolution of Necessity they shall be deemed to have waived all objections thereto. Passed, adopted and approved this 20th day of February, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 97-07 RESOLUTION ADOPTING THE PRELIMINARY APPROVAL OF THE PRELIMINARY SCHE- DULE OF ASSESSMENTS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the attached sheet(s), Pages 1 to Page 2 inclusive, are hereby determined to be the Preliminary Schedule of Proposed Assessments for the Historic Old Main Street -Lighting and Sidewalk Replacement Project and the valua- tions set out herein are hereby preliminary ap- proved. Passed, approved and adopted this 20th day of February, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 98-07 ORDERING THE ADVERTISEMENT FOR BIDS FOR THE HISTORIC OLD MAIN STREET - LIGHTING AND SIDEWALK REPLACEMENT PROJECT NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Historic Old Main Street -Lighting and Sidewalk Replacement Project is hereby ordered to be advertised for bids for construc- tion. BE IT FURTHER RESOLVED, that 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 ap- proved. That the City Clerk is hereby directed to ad- vertise for bids for the construction of the im- provements 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 pub- lished more than twenty days nor more than forty-five days before the date for filing bids at 2:00 p.m. on the 15th day of March, 2007. Bids 53 shall be opened and read by the City Clerk at said time and will be submitted to the City Coun- cil for final action at the public hearing at 6:30 p.m. on the 19th day of March, 2007, in the Pub- lic Library Auditorium, 360 West 11th Street, Dubuque, Iowa. Passed, adopted and approved this 20th day of February, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Fifth Street Reconstruction -Alpine to Hill Streets Project: City Manager recommending initiation of the public bidding process for the Fifth Street Reconstruction - Alpine to Hill Streets Project and that a public hearing on the plans and specifications, form of contract, and estimated cost be set for March 5, 2007. Lynch moved to receive, file, and adopt Resolution No. 99-07 Preliminary approval of plans and specifi- cations, form of contract, and estimated cost for the Fifth Street Reconstruction -Alpine to Hill Streets Project; Resolution No. 100-07 Setting date of hearing on plans and specifications, form of contract, and estimated cost for the Fifth Street Reconstruction -Alpine to Hill Streets Project; Resolution No.101-07 Resolution of Necessity; Resolution No. 102-07 Fixing date of hearing on Resolution of Necessity; Resolution No. 103-07 Approving preliminary schedule of assessments; Resolution No. 104-07 Ordering the advertisement for bids for the Fifth Street Reconstruction -Alpine to Hill Streets Project; and providing for the publication of notice the- reof and set public hearing for 3/5/07 at a meet- ing to commence at 6:30 PM in the public library auditorium and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 99-07 PRELIMINARY APPROVAL OF PLANS, SPE- CIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE 5th STREET RECONSTRUCTION PROJECT - ALPINE STREET TO HILL STREET NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the 5th Street Reconstruction Project -Alpine Street to Hill Street, in the estimated amount $1,200,126.56, are hereby preliminary approved and ordered filed in the office of the City Clerk for public in- spection. Passed, adopted and approved this 20th day of February, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 54 Regular Session, February 20, 2007 Book 137 RESOLUTION NO. 100-07 FIXING DATE OF HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE 5th STREET RECONSTRUCTION PROJECT - ALPINE STREET TO HILL STREET Whereas, the City Council of the City of Du- buque, Iowa has given its preliminary approval to the proposed plans, specifications, form of contract, and estimated cost for the 5th Street Reconstruction Project -Alpine Street to Hill Street (the Project) and ordered the same to be on file in the office of the City Clerk for public inspection. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That a public hearing will be held on the 5th day of March, 2007, at 6:30 p.m. in the Public Library Auditorium at which time interested per- sons 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 inter- ested person may appear and file objections to the proposed plans, specifications, form of con- tract, or estimated cost of the Project. Passed, adopted and approved this 20th day of February, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 101-07 RESOLUTION OF NECESSITY Whereas, proposed plans have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of City Clerk showing among other things the plans, specifications, form of contract, esti- mate of probable cost and the Preliminary Schedule of Assessments showing the amount proposed to be assessed against each lot and the valuation of each lot as filed by the City Council, for the 5th Street Reconstruction Project -Alpine Street to Hill Street. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the City Council deems it advisable and necessary for the public welfare to make the herein mentioned improvements, and unless property owners at the time of the final consid- eration of this proposed resolution have on file with the City Clerk objections to the Resolution of Necessity, they shall be 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 and done in accordance with the plans and specifica- tions which have been approved by the City Council and now on file with the City Clerk. That the cost and expense of making such improve- ment will be assessed partially or totally against privately owned property lying with the assess- ment limits, and in an amount not to exceed that provided by law, and in proportion to the special benefits conferred. The portion of the cost which shall be borne by the City will be paid from the Fiscal Year 2008 Street Construction Program Fund, Wa- termain Replacement Program Fund, Street Program Related Sanitary Sewer Improvements Fund, W. 5th Street (Alta Vista to Hill) Storm Sewer Improvement Fund, Fiber Optic Conduit - Paving Projects Funds, and special assessment bonds may be issued in anticipation of deferred payments of special assessments when a con- tract has been performed and accepted, and the proceeds thereof used to pay the contractor. The above resolution was introduced, ap- proved and ordered placed on file with the City Clerk this 20th day of February, 2007. Approved and placed on file for final action. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 102-07 FIXING DATE OF PUBLIC HEARING ON RESOLUTION OF NECESSITY Whereas, the City Council of the City of Du- buque, Iowa, has given its preliminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection for the 5th Street Reconstruction Project -Alpine Street to Hill Street; and Whereas, the proposed Resolution of Ne- cessity for said improvement has been intro- duced and is now on file in the City Clerk's office for public inspection. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That on the 5th day of March, 2007, a public hearing will be held at 6:30 p.m. in the Public Library Auditorium in the City of Dubuque 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 Ne- cessity and the City Clerk be and is hereby au- thorized and directed to cause a notice of 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 pub- lished once each week for two consecutive Book 137 Regular Session, February 20, 2007 weeks, the first publication of which shall be not less than ten days prior to the day fixed for its consideration. Unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objec- tions to the Resolution of Necessity they shall be deemed to have waived all objections thereto. Passed, adopted and approved this 20th day of February, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 103-07 RESOLUTION ADOPTING THE PRELIMINARY APPROVAL OF THE PRELIMINARY SCHE- DULE OF ASSESSMENTS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the attached sheet(s), Pages 1 to Page 3 inclusive, are hereby determined to be the Preliminary Schedule of Proposed Assessments for the 5th Street Reconstruction Project - Al- pine Street to Hill Street and the valuations set out herein are hereby preliminary approved. Passed, approved and adopted this 20th day of February, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 104-07 ORDERING THE ADVERTISEMENT FOR BIDS FOR THE 5th STREET RECONSTRUCTION PROJECT - ALPINE STREET TO HILL STREET NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the 5th Street Reconstruction Project - Alpine Street to Hill Street is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that 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 ap- proved. That the City Clerk is hereby directed to ad- vertise for bids for the construction of the im- provements 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 pub- lished more than twenty days nor more than forty-five days before the date for filing bids at 2:00 p.m. on the 22nd day of March, 2007. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Coun- cil for final action at the public hearing at 6:30 p.m. on the 2nd day of April, 2007, in the Public Library Auditorium, 360 West 11th Street, Dubu- que, Iowa. Passed, adopted and approved this 20th day of February, 2007. 55 Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Fiscal Year 2008 Budget: City Manager re- commending that a public hearing be set for March 8, 2007 to consider adoption of the Fiscal Year 2008 Budget and Five Year Capital Im- provement Program. Lynch moved to receive, file, and adopt Resolution No. 105-07 Setting the date for the public hearing on the Fiscal Year 2008 Budget for the City of Dubuque, Resolution No. 106-07 Setting the date for the public hear- ing on the Five Year Capital Improvement Pro- gram for Fiscal Years 2008 through 2012 for the City of Dubuque, and providing for the publica- tion of notice thereof and set public hearing for 3/8/07 at a meeting to commence at 6:30 PM in the public library auditorium and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Jones. Motion carried 7-0. RESOLUTION N0.105-07 SETTING THE DATE FOR THE PUBLIC HEARING ON THE FISCAL YEAR 2008 BUDGET FOR THE CITY OF DUBUQUE Whereas, Iowa Code Section 384.16 pro- vides that the City Council shall set a time and place for a public hearing on the Fiscal Year 2008 budget before the final budget certification date and shall publish notice before the hearing as provided in Iowa Code Section 362.3. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the City Council shall con- duct apublic hearing on the proposed Fiscal Year 2008 budget for the City of Dubuque at the Carnegie Stout Public Library Auditorium, 360 West 11th Street, Dubuque, Iowa, on Thursday, March 8, 2007, beginning at 6:30 p.m. Section 2. That the City Clerk be and is he- reby authorized and directed to publish notice of the public hearing, according to law, together with the required budget information. Passed, approved and adopted this 20th day of February, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 106-07 SETTING THE DATE FOR THE PUBLIC HEARING ON THE FIVE-YEAR CAPITAL IM- PROVEMENT PROGRAM FOR FISCAL YEARS 2008 THROUGH 2012 FOR THE CITY OF DUBUQUE Whereas, a proposed Five-Year Capital Im- provement Program for the City of Dubuque for Fiscal Years 2008 through 2012 has been pre- pared and submitted to the City Council; and Whereas, the capital projects for the first year of the program are included in the Fiscal Year 2008 budget for the City of Dubuque; and Whereas, it is deemed to be in the best in- 56 Regular Session, February 20, 2007 Book 137 terest of the City of Dubuque to conduct a public hearing and adopt the five-year Capital Im- provement Program simultaneously with the public hearing and adoption of the Fiscal Year 2008 budget for the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the City Council shall con- duct apublic hearing on the five-year Capital Improvement Program for Fiscal Years 2008 through 2012 at the Carnegie Stout Public Li- brary Auditorium, 360 West 11th Street, Dubu- que, Iowa, on Thursday, March 8, 2007, begin- ning at 6:30 p.m. Section 2. That the City Clerk be and is he- reby authorized and directed to publish notice of the public hearing. Passed, approved and adopted this 20th day of February, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Expansion of Kendall/Hunt Publishing Com- pany, Westmark Enterprises, Inc., and Great River Technologies, LLC: City Manager recom- mending that a public hearing be set for April 2, 2007 to consider approval of a Development Agreement with Walter Development LLC, who will be constructing a 120,000 square foot distri- bution facility and office for Kendall/Hunt Pub- lishing Company, Westmark Enterprises, Inc. and Great River Technologies, LLC., all related companies, on 13.915 acres in Dubuque Indus- trial Center West. Lynch moved to receive, file, and adopt Resolution No. 107-07 (1) Approving the minimum requirements, competitive criteria, and offering procedures for the development of certain real property and improvements in the Dubuque Industrial Center Economic Develop- ment Urban Renewal District; (2) determining that the Development Agreement submitted by Walter Development, LLC, Kendall/Hunt Pub- lishing Company, Westmark Enterprises, Inc., and Great River Technologies, LLC satisfies the offering requirements with respect to the real property and improvements and declaring the intent of the City Council to approve the Devel- opment Agreement with Walter Development, LLC, Kendall/Hunt Publishing Company, West- mark Enterprises, Inc., and Great River Tech- nologies, LLC in the event that no competing proposals are submitted providing for the sale of Lot 1 Dubuque Industrial Center West 7th Addi- tion, in the City of Dubuque, Iowa, according to the recorded plat thereof; and (3) soliciting com- peting proposals, and providing for the publica- tion of Notice thereof and set public hearing for 4/2/07 at a meeting to commence at 6:30 PM in the public library auditorium and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 107-07 RESOLUTION (1) APPROVING THE MINIMUM REQUIREMENTS, COMPETITIVE CRITERIA, AND OFFERING PROCEDURES FOR THE DEVELOPMENT OF CERTAIN REAL PROP- ERTY AND IMPROVEMENTS IN THE DUBU- QUE INDUSTRIAL CENTER ECONOMIC DE- VELOPMENT URBAN RENEWAL DISTRICT; (2) DETERMINING THAT THE DEVELOP- MENT AGREEMENT SUBMITTED BY WAL- TER DEVELOPMENT, LLC, KENDALL HUNT PUBLISHING COMPANY, WESTMARK EN- TERPRISES, INC., AND GREAT RIVER TECHNOLOGIES, LLC SATISFIES THE OF- FERING REQUIREMENTS WITH RESPECT TO THE REAL PROPERTY AND IMPROVE- MENTS AND DECLARING THE INTENT OF THE CITY COUNCIL TO APPROVE THE DE- VELOPMENT AGREEMENT WITH WALTER DEVELOPMENT, LLC, KENDALL HUNT PUB- LISHING COMPANY, WESTMARK ENTER- PRISES, INC., AND GREAT RIVER TECH- NOLOGIES, LLC IN THE EVENT THAT NO COMPETING PROPOSALS ARE SUBMITTED PROVIDING FOR THE SALE OF LOT 1 DU- BUQUE INDUSTRIAL CENTER WEST 7TH ADDITION, IN THE CITY OF DUBUQUE, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF; AND (3) SOLICITING COM- PETING PROPOSALS. Whereas, the City Council of Dubuque, Iowa, did on January 20, 1997 adopt an Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development Urban Renewal District (the Plan) for the Urban Re- newal Area described therein; and Whereas, the Plan provides, among other things, for the disposition of properties for pri- vate development purposes as a proposed eco- nomic development action; and Whereas, Walter Development, LLC (Devel- oper) has submitted to the City a Development Agreement with a proposal for the purchase of certain real property and improvements herei- nafter described and owned by the City of Du- buque for the construction of a new distribution center as described therein (the Development Agreement), together with the request that this property be made available for purchase as ra- pidly as possible; and Whereas, the Development Agreement pro- vides, among other things, for the sale to De- veloper of the real estate described as Lot 1 Dubuque Industrial Center West 7th Addition, in the City of Dubuque, Iowa, according to the rec- orded Plat thereof, subject to easements and restrictions of record as shown on Exhibit B attached to the Development Agreement (the Property); and Whereas, in order to establish reasonably competitive bidding procedures for the disposi- tion of the Property in accordance with the statu- tory requirements of Iowa Code Chapter 403, Book 137 Regular Session, February 20, 2007 specifically, Section 403.8, and to assure that the City extends a full and fair opportunity to all developers interested in submitting a proposal, a summary of submission requirements and mini- mum requirements and competitive criteria for the property offering is included herein; and Whereas, the Development Agreement is on file in the City Clerk's office; and Whereas, to recognize both the firm proposal for renovation of the Property and construction of additional buildings, as described above, and to give full and fair opportunity to other develop- ers interested in submitting a proposal for the use of the property, the City Council should by this Resolution: 1) Set the fair market value of the Proper- ty for uses in accordance with the Plan; 2) Approve the minimum requirements and competitive criteria included herein; 3) Approve as to form the Development Agreement on file in the City Clerk's office; 4) Set a date for receipt of competing pro- posals and the opening thereof; 5) Declare that the proposal submitted by Developer satisfies the minimum requirements of the offering, and that in the event no other qualified proposal is timely submitted, that the City Council intends to approve such proposal and authorize the City Manager to sign the De- velopment Agreement; and direct publication of notice of said intent; 6) Approve and direct publication of a no- tice to advise any other person of the opportuni- ty to compete for purchase of the Property and improvements on the terms and conditions set forth herein; and 7) Declare that in the event another quali- fied proposal is timely submitted and accepted, another and future notice will be published on the intent of the City to enter into the resulting contract, as required by law; and Whereas, the City Council believes it is in the best interest of the City and the Plan to act as expeditiously as possible to sell the Property as set forth herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the Property described as Lot 1 of Dubuque Industrial Center West 7th Addition, in the City of Dubuque, Iowa, accord- ing to the recorded Plat thereof, subject to easements and restrictions of record described in Exhibit "B" attached to the Development Agreement located in the Dubuque Industrial Center West and delineated generally by Cha- venelle Drive to the North, McGraw Hill Distribu- tion Center to the west, Lot 2 of Dubuque Indus- trial Center West 7th Addition to the east and Lot 4 Dubuque Industrial Center West 5th Addition to the south ("the Property") shall be offered for sale in accordance with the terms and conditions contained in this Resolution. 57 Section 2. That it is hereby determined that in order to qualify for consideration for selection, any person must submit a proposal which meets these minimum requirements: a) Contains an agreement to purchase the Property at not less than fair market value estab- lished herein; b) Contains a commitment to purchase the Property for uses allowed in the Dubuque Industrial Center West; c) Sets out or provides to the satisfaction of the City Council the experience of the princip- als and key staff who are directly engaged in performance of contract obligations in carrying out projects of similar scale and character; and d) Meets, at a minimum, the terms and conditions of the Development Agreement sub- mitted by the Developer including an agreement to construct a distribution center at a total project cost of approximately $3,890,000. Section 3. That the Development Agreement by and between the City and the Developer be and is hereby approved as to form for the pur- poses hereinafter stated. Section 4. That for the purpose of defining the offering of the Property for sale, said Devel- opment Agreement shall be deemed to be illu- strative of the terms acceptable to the City with respect to: a) Purchase price; b) Construction of minimum improve- ments within a timely matter; c) City participation; d) Developer obligations; and e) General terms and conditions Section 5. That the Development Agreement submitted by the Developer satisfies the re- quirements of the offering and, in the event that no other qualified proposals are timely submitted that the City Council intends to accept and ap- prove the Development Agreement and sale of the Property. Section 6. That it is hereby determined that the Developer possesses the qualifications, fi- nancial resources and legal ability necessary to purchase the Property and to manage and op- erate the Property in the manner proposed by this offering in accordance with the Plan. Section 7. That the purchase price for the Property offered by the Developer is hereby found and determined to be the fair market value of the interest being conveyed. Section 8. That the City Clerk shall receive and retain for public examination the attached Development Agreement submitted by the De- veloper and, in the event no other qualified pro- posals are timely submitted, shall resubmit the Development Agreement to the City Council for final approval and execution upon expiration of the notice hereinafter prescribed. Section 9. That the action of the City Council be considered to be and does hereby constitute notice to all concerned of the intention of this 58 Regular Session, February 20, 2007 Book 137 Council, in the event that no other qualified pro- posals are timely submitted, to accept the pro- posal of the Developer to purchase the Property and to approve the Development Agreement by and between City and Developer. Section 10. That the official notice of this of- fering and of the intent of the City, in the event no other qualified proposals are timely submit- ted, to approve the Development Agreement, shall be a true copy of this Resolution, but with- out the attachments referred to herein, except Exhibit B. Section 11. That the City Clerk is authorized and directed to secure immediate publication of said official notice in the Telegraph Herald, a newspaper having a general circulation in the community, by publication of the text of this Resolution without attachments on or before the 23rd day of February, 2007. Section 12. That written proposals for the purchase of the Property will be received by the City Clerk at or before 10:00 a.m., March 27, 2007 in the Office of the City Clerk, located on the first floor at City Hall, Dubuque, Iowa 52001. Each proposal will be opened at the hour of 10:00 a.m. in City Hall, Dubuque, Iowa on March 27, 2007. Said proposals will then be presented to the City Council at 6:30 p.m., April 2, 2007, at a meeting to be held in the Auditorium of the Carnegie-Stout Public Library, Dubuque, Iowa. Section 13. That such offering shall be in substantial conformance with the provisions of Iowa Code Section 403.8, requiring reasonable competitive bidding procedures as are hereby prescribed, which method is hereby determined to be the appropriate method for making the Property available for sale. Section 14. That the required documents for the submission of a proposal shall be in sub- stantial conformity with the provisions of this Resolution. Section 15. That the City Clerk is hereby nominated and appointed as the agent of the City of Dubuque, Iowa to receive proposals for the sale of the Property at the date and accord- ing to the procedure hereinabove specified for receipt of such proposals and to proceed at such time to formally acknowledge receipt of each of such proposals by noting the receipt of same in the Minutes of the Council; that the City Manag- er is hereby authorized and directed to make preliminary analysis of each such proposal for compliance with the minimum requirements es- tablished by this Council hereinabove. For each proposal that satisfies these requirements, the City Council shall judge the strength of the pro- posal by the competitive criteria established hereinabove. The City Council shall then make the final evaluation and selection of the propos- als. Section 16. That in the event another quali- fied proposal is timely submitted and accepted by the City, another and further notice shall be published of the intent of the City of Dubuque, Iowa, to enter into the resulting agreement, as required by law. Passed, approved and adopted this 20th day of February, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk BOARDS/COMMISSIONS Applicants were invited to address the Council regarding their desire to serve on the following Boards/Commissions: Community De- velopment Advisory Commission (Two At-Large terms -terms of Giesen, Maloy, one Housing Commission Representative term -vacant, and one Low/Moderate Income term all through Feb- ruary 2010). Applicants: Michael Gukeisen and Theresa Caldwell. Theresa Caldwell spoke in support of her appointment. Appointments to the following Boards/Commissions: Community Development Advisory Commission (Two At-Large terms - terms of Giesen, Maloy; one Housing Commis- sion Representative term -vacant and one Low/Moderate Income term all through February 2010). Applicant: Paula Maloy, SVM. Connors moved to appoint applicant Paula Maloy to an At-Large term through February 2010. Second by Michalski. Motion carried 7-0. Plumbing Board (Three 3-year terms through November 2009 -terms of Harris, Papin, one vacancy; two 3-year terms through November 2008 -terms of Gonner, Willenborg). Appli- cants: Michael Swift (B.S. Vacancy), Dan Harris (At-Large), Harlan Willenborg, Paul Papin, Stan- ley Gonner (Master Plumbers). Connors moved to appoint applicants Michael Swift, Dan Harris, and Paul Papin to 3-year terms through Novem- ber 2009, and Stanley Gonner and Harlan Wil- lenborg to 3-year terms through November 2008. Seconded by Braig. Motion carried 7-0. Electrical Code Board (One 3-year term through May 2008 -term of Pregler). Applicant: Ronald Mueller. Michalski moved to appoint applicant Ronald Mueller to a 3-year term through May 2008. Second by Connors. Motion carried 7-0. PUBLIC HEARINGS Upon motion the rules were suspended to al- low anyone present to address the Council. Tanzanite Drive -Planned Unit Develop- ment District: Proof of publication on notice of hearing to consider a request from Ron Klein, Klein Construction Company, to amend the PUD Planned Unit Development District on Tanzanite Drive (Lot F of Emerald Acres No. 4) to allow 42 Book 137 Regular Session, February 20, 2007 two-unit townhouses with revised access and setbacks and Zoning Advisory Commission re- commending denial. Communication from Ron Klein requesting this item be tabled. Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by providing for the amendment of Ordinances No. 10-99, 96-02, 83-03 and 14-06, which adopted regulations for the Emerald Acres PUD Planned Unit Development District with a PR Planned Residential Designation and approving an amended ordinance for the Emerald Acres PUD Planned Unit Development District. Cline moved to table. Seconded by Connors. Motion carried 7-0. Subdivision Regulations -Text Amendment: Proof of publication on notice of hearing to con- sider arequest from the City of Dubuque to amend Section 42-24-(a) Improvement Guaran- tees of the City of Dubuque Subdivision Regula- tions and Zoning Advisory Commission recom- mending approval. Jones moved to receive and file the documents and moved that the require- ment that a proposed Ordinance be considered and voted on for passage at two Council meet- ings prior to the meeting at which it is to be final- ly passed be suspended. Seconded by Connors. Motion carried 7-0. Jones moved final consid- eration and passage of Ordinance No. 5-07 Amending the City of Dubuque Code of Ordin- ances Section 42-24 Improvement Guarantees providing for the reduction of securities for public improvements upon substantial completion of such improvements. Seconded by Braig. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 5-07 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES SECTION 42-24 IMPROVE- MENT GUARANTEES PROVIDING FOR THE REDUCTION OF SECURITIES FOR PUBLIC IMPROVEMENTS UPON SUBSTANTIAL COMPLETION OF SUCH IMPROVEMENTS Section 1. City of Dubuque Code of Ordin- ances § 42-24 is amended to read as follows: Sec. 42-24. Improvement guarantees: (a) Application: Before the recording of fi- nal plats, or as a condition of approval of final plats, the Commission and City Council shall require the following guarantees: (1) The furnishing of a performance guaran- tee in an amount not less than one hundred ten percent (110%) of the cost of construction of public improvements by the owner. Upon deter- mination by the City Engineer that a public im- provement is substantially complete, the amount of such guarantee shall be reduced to twenty- five percent (25%) of the cost of construction of the public improvement. "Substantially complete" shall mean that the public improvement has been inspected by the City Engineer and deter- 59 mined by the City Engineer to be constructed in accordance with the approved plans and specifi- cations; and (2) Provision for a maintenance guarantee in the amount of twenty five percent (25%) of the cost of the public improvements by the owner for a period of two (2) years after final acceptance of the improvements by the City Council; and (3) Payment of City inspection fees for public improvements shall be based upon three per- cent (3%) of the construction costs of the public improvements. Section 2. This Ordinance shall take effect upon publication. Passed, approved and adopted this 20th day of February, . /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald Newspaper the 26th day of February, 2007. /s/Jeanne F. Schneider, CMC, City Clerk Greater Downtown Urban Renewal District: Proof of publication on notice of hearing to con- sider an amendment to the Urban Renewal Plan for the Greater Downtown Urban Renewal Dis- trict to include the rehabilitation, restoration, and renovation of historic buildings for public and governmental uses, including the Carnegie- Stout Public Library and the Former U.S. Feder- al Building, and City Manager recommending approval. Cline moved to receive, file, and adopt Resolution No. 108-07 Approving the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 108-07 A RESOLUTION APPROVING THE AMENDED AND RESTATED URBAN RENEWAL PLAN FOR THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT. Whereas, on January 16, 2006 the City Council of the City of Dubuque, Iowa authorized the preparation of an Amended and Restated Urban Renewal Plan (the "Plan") for the Down- town Dubuque Urban Renewal District (the "Dis- trict"); and Whereas, the City of Dubuque's primary ob- jective in amending this Plan is to provide oppor- tunities for further redevelopment and reinvest- ment in the downtown; and Whereas, the Long Range Planning Com- mission has reviewed the proposed Plan and has found that said document is consistent with the Comprehensive Plan for the development of the City of Dubuque as a whole and has trans- mitted its findings to the City Council; and Whereas, a consultation process has been undertaken with affected taxing entities in ac- cordance with Chapter 403 of the Code of Iowa with no written objections or recommended changes to the Plan received; and 60 Regular Session, February 20, 2007 Book 137 Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has held a public hearing on the proposed amended and restated Plan after public notice thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District, attached hereto and made reference to herein, be approved. Section 2. That the City Clerk of the City of Dubuque, Iowa is hereby authorized and di- rected to file a certified copy of the Resolution in the office of the Dubuque County Recorder. Passed, approved and adopted this 20th day of February, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Vacating Petition -Portion of Union Street south of Rush Street: Proof of publication on notice of hearing to consider approval of a re- quest from David L. Clemens, representing Ro- bert McClain, to vacate and purchase a portion of Union Street south of Rush Street, and City Manager recommending approval. Connors moved to receive, file, and to adopt Resolution No. 109-07 Approving plat of proposed vacated portion of Union Street south of Rush Street, Resolution No. 110-07 Vacating a portion of Union Street south of Rush Street, and Resolu- tion No. 111-07 Disposing of City interest in Lot 209A of Union Addition in the City of Dubuque, Dubuque County, Iowa. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 109-07 RESOLUTION APPROVING PLAT OF PRO- POSED VACATED PORTION OF UNION STREET SOUTH OF RUSH STREET Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated the 2nd day of January, 2007, prepared by Buesing & Associates, Inc., describing the proposed vacated portion of Union Street south of Rush Street; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the plat dated the 2nd day of January, 2007, prepared by Buesing & Asso- ciates, Inc., relative to the real estate hereina- bove described be and the same is hereby ap- proved, and the Mayor and City Clerk be and they are hereby authorized and directed to ex- ecute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and is he- reby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 20th day of February, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 110-07 RESOLUTION VACATING A PORTION OF UNION STREET SOUTH OF RUSH STREET Whereas, Robert H. McClain, Jr. and Karen A. McClain have requested the vacating of a portion of Union Street south of Rush Street; and Whereas, Buesing & Associates, Inc. has prepared and submitted to the City Council a plat showing the vacated portion of Union Street south of Rush Street and assigned lot number thereto, which hereinafter shall be known and described as Lot 209A of Union Addition in the City of Dubuque, Dubuque County, Iowa; and Whereas, the City Council of the City of Du- buque, Iowa has determined that this portion of Union Street south of Rush Street is no longer required for public use and vacating of said por- tion of Union Street south of Rush Street, known as Lot 209A of Union Addition in the City of Du- buque, Dubuque County, Iowa, should be ap- proved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the real estate described as Lot 209A of Union Addition in the City of Dubu- que, Dubuque County, Iowa, be and the same is hereby vacated. Passed, approved and adopted this 20th day of February, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 111-07 RESOLUTION DISPOSING OF CITY INTER- EST IN LOT 209A OF UNION ADDITION IN THE CITY OF DUBUQUE, DUBUQUE 000N- TY, IOWA Whereas, pursuant to resolution and pub- lished notice of time and place of hearing, pub- lished in the Telegraph Herald, a newspaper of general circulation published in the City of Du- buque, Iowa on this 9th day of February, 2007, the City Council of the City of Dubuque, Iowa met on the 20th day of February, 2007, at 6:30 p.m. in the Public Library Auditorium, 360 West 11 Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as: Lot 209A of Union Addition in the City of Du- buque, Dubuque County, Iowa Whereas, the City Council of the City of Du- buque, Iowa overruled any and all objections, oral or written to the proposal to sell such real estate. NOW THEREFORE, BE IT RESOLVED BY Book 137 Regular Session, February 20, 2007 THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the sale of City of Dubuque real property described as Lot 209A of Union Addition in the City of Dubuque, Dubuque Coun- ty, Iowa, to Robert H. McClain, Jr. and Karen A. McClain be and the same is hereby approved for the cost of surveying, platting, publication, and filing fees. Conveyance shall be by Quit Claim Deed. Section 2. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and di- rected to deliver said deed of conveyance to Robert H. McClain, Jr. and Karen A. McClain upon receipt of the purchase price in full. Section 3. That the City Clerk be and is he- reby authorized and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and Du- buque County Auditor. Passed, approved and adopted this 20th day of February, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Heron Pond Tree Removal Project: Proof of publication on notice of hearing to consider adoption of the plans and specifications for the Heron Pond Tree Removal Project and City Manager recommending award of the contract to Top Grade Excavating in the amount of $30,299. Michalski moved to receive, file, and adopt Res- olution No. 112-07 Adopting plans and specifica- tions, Resolution No. 113-07 Awarding contract, and Resolution No. 114-07 Approving construc- tion contract with Top Grade Excavating for the Heron Pond Tree Removal Project. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 112-07 ADOPTING PLANS AND SPECIFICATIONS WHEREAS, on the 16th day of January, 2007, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Heron Pond Tree Re- moval Project. WHEREAS, notice of hearing on plans, spe- cifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby ap- proved as the plans, specifications, form of con- tract and estimated cost for said improvements for said project. Passed, approved and adopted this 20th day of February, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 61 RESOLUTION NO. 113-07 AWARDING CONTRACT WHEREAS, sealed proposals have been submitted by contractors for the Heron Pond Tree Removal Project pursuant to Resolution No. 29-07, and notice to bidders published in a newspaper published in the City of Dubuque, Iowa, on the 19th day of January, 2007. WHEREAS, said sealed proposals were opened and read on the 1st day of February, 2007, and it has been determined that the bid of Top Grade Excavating in the amount of $30,299 was the lowest bid for the furnishings of all labor and materials and performing the work as pro- vided for in the plans and specifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the contract for the above improvement be awarded to Top Grade Excavating, and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 20th day of February, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 114-07 APPROVING CONSTRUCTION CONTRACT WITH TOP GRADE EXCAVATING FOR THE HERON POND TREE REMOVAL PROJECT Whereas, the City Council by Resolution No. 113-07 awarded the construction contract for the Heron Pond Tree Removal Project to Top Grade Excavating; and Whereas Top Grade Excavating has submit- ted the attached executed contract and bond. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: 1. The contract and bond attached hereto are hereby approved. 2. The City Manager is hereby authorized and directed to execute the contract on behalf of the City of Dubuque. Passed, approved and adopted this 20th day of February, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Jones moved to reinstate the rules limiting discussion to the Council. Seconded by Con- nors. Motion carried 7-0. 62 Regular Session, February 20, 2007 Book 137 ACTION ITEMS Greater Dubuque Development Corporation: Rick Dickinson, Executive Director of the Great- er Dubuque Development Corporation, to pro- vide verbal update on activities of GDDC. Dick- inson acknowledged the help of the GDDC staff, reviewed the success of the River Valley Initia- tives goals, and requested to speak to Council on April 2, 2007, to discuss the Greater Dubu- que Development Corporation's 5-year plan. Cline moved to receive and file. Seconded by Connors. Motion carried 7-0. Amendment to First Transit Contract (Tabled at the February 5, 2007 Meeting): City Manager recommending approval of an amendment to the contract with First Transit to expand their team in Dubuque from one to two positions to fill the vacant Transportation Clerk position. Connors moved to remove from table. Seconded by Mi- chalski. Motion carried 7-0. Connors moved to receive, file, and adopt Resolution No. 115-07 Approving the Second Amendment to the Man- agement Agreement between the City of Dubu- que and First Transit. Seconded by Braig. Mo- tion carried 5-2 with Michalski and Jones dis- senting. Dave Baker, President of Teamsters Local No. 421, spoke in support of retaining the position of Transportation Clerk as a union posi- tion. RESOLUTION NO. 115-07 A RESOLUTION APPROVING THE SECOND AMENDMENT TO THE MANAGEMENT AGREEMENT BETWEEN THE CITY OF DU- BUQUE, IOWA AND FIRST TRANSIT, INC. Whereas, the City of Dubuque has identified the need for a transit management company; and Whereas, the City of Dubuque and First Transit, Inc. entered into a management agree- ment on April 3, 2006; and Whereas, a current staffing vacancy exists at KeyLine Transit. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA; Section 1. That the second amendment to the First Transit management agreement (dated April 3, 2006) be approved to expand the Dubu- que management team by adding a transporta- tion clerk for an additional monthly fee of $4,416.67. Passed, approved and adopted this 20thday of February, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Silver Oaks Estate: Zoning Advisory Com- mission recommending approval of the prelimi- nary plat of Silver Oaks Estate as requested by Royal Oaks Development, Inc. Jones moved to receive, file, and approve the preliminary plat of Silver Oaks Estate as requested by Royal Oaks Development, Inc. Seconded by Connors. Mo- tion carried 7-0. W.C. Stewart Construction, Inc. / Wayne Briggs Real Estate: Communication from Brian J. Kane, counsel for Messrs. Briggs and Ste- wart, requesting that a public hearing be sche- duled at the site of the W.C. Stewart Construc- tion, Inc. / Wayne Briggs real estate along Old Highway Road. Lindahl recommended setting public hearing for March 5, 2007, at which time a site visit can be scheduled for March 12, 2007. Connors moved to receive, file, and set public hearing for March 5, 2007. Seconded by Jones. Motion carried 7-0. Construction Management Contract for Port of Dubuque Parking Ramp: City Manager re- commending the selection of Conlon Construc- tion as the Construction Manager for the Port of Dubuque Public Parking Ramp project in the amount of $535,000. Michalski moved to re- ceive, file, and approve. Seconded by Braig. Motion carried 7-0. Erosion and Sediment Control (ESC) Ordin- ance: City Manager recommending approval of an amendment to Chapter 44 of the City of Du- buque Code of Ordinances by adding a new Article VII - Erosion and Sediment Control (ESC). Motion by Connors to receive and file the documents and that the requirement that a pro- posed Ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Jones. Motion carried 7-0. Connors moved final consideration and passage of Ordinance No. 6-07 Amending Chapter 44 of the City of Dubuque Code of Or- dinances by adding a new Article VII, Erosion and Sediment Control, providing for the regula- tion of land disturbing activity; establishing the requirements for a permit for such activity and the procedures for monitoring such activity; and providing for violations and enforcement of such requirements. Seconded by Braig. Motion car- ried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 6-07 AMENDING CHAPTER 44 OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY ADD- ING ANEW ARTICLE VII. EROSION AND SE- DIMENT CONTROL, PROVIDING FOR THE REGULATION OF LAND DISTURBING ACTIV- ITY; ESTABLISHING THE REQUIREMENTS FOR A PERMIT FOR SUCH ACTIVITY AND THE PROCEDURES FOR MONITORING SUCH ACTIVITY; AND PROVIDING FOR VI- OLATIONS AND ENFORCEMENT OF SUCH REQUIREMENTS Book 137 Regular Session, February 20, 2007 Whereas, the City Council of the City of Du- buque, Iowa desires to provide for the health, safety, and general welfare of the citizens of the City of Dubuque through the regulation of ero- sion and sedimentation to the maximum extent practicable and as required by federal and state law; and Whereas, soil is most vulnerable to erosion by wind and water during soil disturbing activi- ties and eroded soil necessitates repair of sew- ers and ditches and dredging of rivers, and har- bors, accelerates downstream bank erosion and damage to public and private property, damages water resources and wetlands by reducing water quality, and causes the siltation of aquatic habi- tat; and Whereas, the United States Environmental Protection Agency National Pollutant Discharge Elimination System (NPDES) permit program (the Program) administered by the Iowa De- partment of Natural Resources (IDNR) requires that cities that meet certain demographic and environmental impact criteria obtain from the IDNR for the discharge of storm water from a Municipal Separate Storm Sewer System (MS4) an NPDES permit (MS4 Permit); and Whereas, the City of Dubuque (City) is sub- ject to the Program and is required to obtain, and has obtained, an MS4 Permit; and Whereas, the Program requires certain indi- viduals engaged in land disturbing activity (an Applicant or Applicants) to submit an application to the IDNR for a State NPDES General Permit No. 2; and Whereas, as a condition of City's MS4 Per- mit, City is obliged to undertake primary respon- sibility for inspection, monitoring and enforce- ment procedures to promote an Applicant's compliance with a State NPDES General Permit No. 2; and Whereas, the objectives of this Ordinance are: To allow development while minimizing ero- sion and sedimentation; To reduce water quality impacts to receiving water resources caused by land disturbing ac- tivities; To establish legal authority to carry out all inspection, surveillance and monitoring proce- dures necessary to ensure compliance with this Ordinance and the City's MS4 Permit; and To establish the City Erosion and Sediment Control Permit (City ESC Permit) in addition to and not in lieu of a State NPDES General Permit No. 2. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA, AS FOLLOWS: Section 1. Chapter 44 of the City of Dubuque Code of Ordinances is hereby amended by add- ing thereto the following: ARTICLE VII. EROSION AND SEDIMENT CONTROL 63 Sec. 44-310. Definitions. The following words, terms and phrases, when used in this Article, shall have the mean- ings ascribed to them in this section, except where the context clearly indicates a different meaning: Applicant means a person, firm, sole proprie- torship, partnership, corporation, state agency or political subdivision required by law or adminis- trative rule to apply to the IDNR for a State NPDES General Permit No. 2 and a City ESC Permit. Bare Soil means soil exposed and unpro- tected from soil erosion. Building Permit means a document issued under the authority of the City Manager which authorizes the construction or modification of a structure on a property. City Manager means the City Manager or the City Manager's designee. Clean Water Act means the federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq., and any amendments thereto. Construction Activity means activities subject to NPDES Construction Permits that result in disturbance of one (1) acre or more. Such activi- ties include but are not limited to clearing and grubbing, grading, excavating, filling, and demo- lition. IDNR means the Iowa Department of Natural Resources. Erosion and Sediment Control means the control of soil, both mineral and organic, to mi- nimize the removal of soil from the land surface and to prevent its transport from a disturbed area by means of wind, water, ice, gravity, or any combination of those forces. Land Disturbing Activity means activities that include but are not limited to clearing and grub- bing, grading, excavating, filling, and demolition that result in bare soil. Municipal Separate Storm Sewer System (MS4) means the streets, gutters, conduits, nat- ural or artificial drains, channels and water- courses, and other facilities that are owned, op- erated, maintained or controlled by the City and used for the purpose of collecting, storing, transporting, or disposing of storm water. National Pollutant Discharge Elimination System (NPDES) Storm water Discharge Permit means a permit issued by the Environmental Protection Agency or by a State under authority delegated pursuant to 33 U.S.C. § 1342(b) that authorizes the discharge of pollutants to waters of the United States, whether the permit is appli- cable on an individual, group, or general area- wide basis. Permittee means a person who has been is- sued aCity ESC Permit. Person means any individual, applicant, as- sociation, organization, partnership, firm, corpo- ration or other entity recognized by law and act- ing as either the owner or as the owner's agent. 64 Regular Session, February 20, 2007 Book 137 Sediment means mobile soil particles de- tached through the process of soil erosion. Site Plan means the development plan which shows the existing and proposed conditions of a site, including topography, vegetation, drainage, flood plains, wetlands and waterways, landscap- ing, open spaces, impervious area, utility servic- es, structures and buildings. Soil Erosion means the detachment and movement of soil or rock fragments by water, wind, ice or gravity. State NPDES General Permit No. 2 means the general permit established by the Iowa De- partment of Natural Resources for "Storm Water Associated With Industrial Activity For Construc- tion Activities" (Land Disturbing 1 Acre or More). Storm water Pollution Prevention Plan (SWPPP) means a document required for a State NPDES General Permit No. 2 that de- scribes the Best Management Practices and activities to be implemented by a person or business to identify sources of pollution or con- tamination at a site and the actions to eliminate or reduce pollutant discharges to storm water, storm water conveyance systems, and/or receiv- ing waters to the maximum extent practicable. Sec. 44-311. Applicability. The provisions of this Article apply to all land disturbing. This Article shall be known, cited and re- ferred to as the Erosion and Sediment Control Ordinance of the City of Dubuque. Sec. 44-312. Responsibility for Administra- tion. The City Manager shall administer, imple- ment, and enforce the provisions of this Article. Sec. 44-313. Severability Clause. The provisions of this Article are hereby de- clared to be severable. If any provision, clause, sentence, or paragraph of this Article or the ap- plication thereof to any person, establishment, or circumstances shall be held invalid, such invalid- ity shall not affect the other provisions or appli- cation of this Article. Sec. 44-314. Ultimate Responsibility. The standards set forth herein and promul- gated pursuant to this Article are minimum stan- dards; therefore this Article does not intend nor imply that compliance by any person will ensure that there will be no erosion or sedimentation from a land disturbing activity, or contamination, pollution, or other unauthorized discharge of pollutants. This Article does not relive any per- son of the responsibility to obtain a State NPDES General Permit No. 2 and adhering to the requirements therein, nor does it relieve any person from the responsibility of following any other applicable local, state, or federal regula- tion. Sec. 44-315. Erosion and Sediment Control (ESC) Permit. (1) City ESC Permit Required. All persons required by law or administrative rule to obtain the State NPDES General Permit No. 2 from the IDNR and all persons with an active State NPDES General Permit No. 2 shall obtain a City ESC Permit in addition to and not in lieu of a State NPDES General Permit No. 2. (2) Application Procedure for Obtaining and Maintaining a City ESC Permit. Applications for City ESC Permits shall be made on forms approved by the City Manager and available at the office of the City Engineer. An Applicant for a City ESC Permit shall pay a permit fee as established by the City Manager. An Applicant in possession of a State NPDES General Permit No. 2 issued by the IDNR shall submit to the City Manager with the application copies of the following: The Applicant's plans, specifications and supporting materials prepared in support of the application for a State NPDES General Permit No. 2; The Applicant's authorizations issued pur- suant to the Applicant's State NPDES General Permit No. 2; and The Applicant's Storm water Pollution Pre- vention Plan (SWPPP) prepared in accordance with this Article. Every SWPPP submitted to the City Manag- er in support of an application for a City ESC Permit shall: Comply with all current minimum mandatory requirements for SWPPPs promulgated by the IDNR in connection with issuance of a State NPDES General Permit No. 2; If the Applicant is required by law to file a Joint Application Form, PROTECTING IOWA WATERS, IOWA DEPARTMENT OF NATURAL RESOURCES AND U.S. ARMY CORPS OF ENGINEERS, comply with all mandatory mini- mum requirements pertaining to such applica- tions; Comply with all other applicable state or fed- eral permit requirements in existence at the time of the application; and Be prepared by a licensed professional en- gineer, a licensed landscape architect, a li- censed professional in erosion and sediment control, or a representative of the local Soil and Water Conservation District, credentialed in a manner acceptable to the City Manager. (3) The application form signed by the Appli- cant for a City ESC Permit shall include the fol- lowing statement: "The undersigned Applicant hereby agrees to defend, indemnify and hold the City, its offic- ers, and employees harmless from any and all claims, damages or suits of any kind arising directly or indirectly out of any act of commission or omission by the Applicant, or any employee, agent, assign, contractor or subcontractor of the Applicant, in connection with the Applicant's State NPDES General Permit No. 2 and/or City ESC Permit." Upon receipt of an application for a City ESC Book 137 Regular Session, February 20, 2007 Permit, if the City Manager finds that the appli- cation complies with this Article, the City Man- ager shall issue a City ESC Permit in accor- dance with this Article. If the City Manager finds that the application fails to comply with this Ar- ticle, the City Manager shall provide the Appli- cant aschedule identifying wherein the applica- tion does not comply with this Article. Issuance by the City Manager of a City ESC Permit shall be a condition precedent to the is- suance of a City building permit for the land dis- turbing activity described in the application. For any application submitted to the City Manager after September 1, 2007, no City ESC Permit shall be issued until the Site Plan has been ap- proved by the City Manager. For so long as any land disturbing activity is subject to a State NPDES General Permit No. 2, the City ESC Permit shall be required. At all times while the land disturbing activity is being conducted, the Permittee shall provide the City with the following current information: The name, address and telephone number of the person on site designated by the property owner where the land disturbing activity is being conducted who is knowledgeable and expe- rienced in erosion and sediment control and who will oversee compliance with a State NPDES General Permit No. 2 and the City ESC Permit; and The name(s), address(es) and telephone number(s) of the contractor(s) and/or subcon- tractors(s) who will implement each erosion and sediment control measure identified in the SWPPP. Transfer of ESC Permit responsibilities. Upon the sale of property for which a City ESC Permit has been issued, the Permittee may transfer the City ESC Permit to the new property owner if the Permittee provides the City Manag- er with written confirmation that the Permittee has transferred a State NPDES General Permit No. 2 in accordance with the guidelines estab- lished by a State NPDES General Permit No. 2 and the Permittee pays the permit transfer fee established by the City Manager. The Permittee shall notify the City Manager of any application to the IDNR for the release of any property from a State NPDES General Permit No. 2. Absent such written confirmation of transfer, the Permit- tee shall remain responsible for City ESC Permit compliance on the property sold. A Permittee who discontinues a State NPDES General Permit No. 2 shall immediately submit to the City Manager copies of the mate- rials and documents submitted to the IDNR in support of the discontinuation. Sec. 44-316. Duty to Comply with State NPDES General Permit No. 2. Non-compliance with any provision of a State NPDES General Permit No. 2 by any per- son required by law or administrative rule to comply with the terms of a State NPDES Gener- 65 al Permit No. 2 constitutes a violation of this Article. Each failure to comply with a State NPDES General Permit No. 2 shall constitute a separate violation of this Article. Sec. 44-317. Permit Monitoring Procedures. Upon issuance of a State NPDES General Permit No. 2 or a City ESC Permit, a Permittee shall monitor site conditions and perform inspec- tions in a manner consistent with State NPDES General Permit No. 2 requirements and to report to the City Manager any change of circums- tances or site conditions which the Permitee knows or should know poses a risk of storm water discharge in a manner inconsistent with the Permitee's SWPPP, State NPDES General Permit No. 2 and/or City ESC Permit. The City Manager may enter upon any prop- erty where land disturbing activity is being con- ducted to determine compliance with this Article. Prior to initiating any land disturbing activity that requires a City ESC Permit, the Permittee shall notify the City Manager when all measures required by the Applicant's SWPPP have been accomplished on-site. Upon issuance of a City ESC Permit, the City Manager shall conduct an inspection at least once each calendar quarter to monitor and report on compliance with a State NPDES Gen- eral Permit No. 2 and the City ESC Permit. At any time the City Manager receives any information that the site conditions pose a risk of storm water discharge in a manner inconsistent with the Permitee's SWPPP, State NPDES General Permit No. 2 and/or City ESC Permit, the City Manager shall provide the Permittee with a schedule identifying the conditions of non- compliance. The Permittee shall immediately commence corrective action and shall complete such corrective action within twenty-four (24) hours after receipt of the schedule. For good cause shown, the City Manager may extend the deadline for completing such corrective action. Sec. 44-318. Violation. (1) Municipal Infraction. A violation by any person of any provision of this Article, including the commencing, constructing, causing, or per- mitting the commencement of any land disturb- ing activity without a City ESC Permit as re- quired by this Article, constitutes a municipal infraction. (2) Abatement Required. The City Manager may order compliance with this Article by written notice of violation to a person violating this Ar- ticle setting forth the time within which remedia- tion or restoration must be completed and that if the person fails to complete such remediation or restoration within such time, the City shall cause such remediation or restoration work to be done and the person shall be liable for such costs. Stop Work Order. The City Manager may is- sue an order to stop all construction activities on any property where land disturbing activity is 66 Regular Session, February 20, 2007 Book 137 being conducted until conditions of non- compliance with this Article are corrected. Con- struction activity, other than that which is re- quired to correct a condition of non-compliance, prior to the correction of the conditions of non- compliance, shall constitute a violation of this Article. Sec. 44-319. Appeal of Notice of Violation. The determination by the City Manager of a violation of this Article may be appealed by an aggrieved party to the City Council, provided written notice of appeal is received by the City Manager within 15 days from the date of the notice of violation. Upon hearing, the City Coun- cil may rescind, modify or affirm the notice of violation. Sec. 44-320. Enforcement Measures. The City Manager may enter upon any prop- erty where land disturbing activity is being con- ducted and take any and all action necessary to abate any violation of this Article and/or reme- diate or restore the property to its condition prior to the land disturbing activity. It shall be a viola- tion of this Article for any person to refuse to allow the City Manager to enter upon property for such purposes. Sec. 44-321. Cost of Abatement of the Viola- tion. Within 30 days after abatement of a violation of this Article, the owner of the property shall be notified in writing by the City Manager of the cost of abatement, including administrative costs. The property owner may file a written protest with the City Manager objecting to the amount of the cost of abatement within 15 days thereafter. If the cost of abatement is not paid to the City within 60 days after the date of the notice, the cost of abatement shall certified by the City Clerk to the Dubuque County Treasurer in the manner of a special assessment against the property and shall constitute a lien on the prop- erty. Sec. 44-322. Injunctive Relief. The City Manager may seek equitable relief restraining any person from any activity in viola- tion of this Article including compelling the per- formance of abatement or remediation of such violation. Sec. 44-323. Violations Deemed A Public Nuisance. Any condition caused or permitted to exist in violation of any of the provisions of this Article constitutes a threat to public health, safety, and welfare, and is hereby declared and deemed a public nuisance. Sec. 44-324. Remedies Not Exclusive. The remedies provided in this Article shall not be deemed exclusive of any other remedies available under any applicable federal, state or local law. Section 2. This Ordinance shall take effect upon publication. Passed, approved and adopted this 20th day of February, 2007. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald Newspaper the 26th day of February, 2007. /s/Jeanne F. Schneider, CMC, City Clerk Memorial Request: Communication from Jeffrey Mozena requesting City consideration of the construction of a memorial, in partnership with his family, to Kris Ann Mozena McNamer at Eagle Point Park. Connors moved to receive and file. Seconded by Lynch. Motion carried 7-0. 2011 Iowa League of Cities Conference: City Manager recommending that the City submit a bid for the 2011 Iowa League of Cities Confe- rence and Exhibit and that a City Council Mem- ber serve as the City's representative in plan- ning the conference. Michalski moved to re- ceive, file, approve submission of bid, and ap- point Council Member Connors as the Council representative. Seconded by Connors. Motion carried 7-0. Iowa League of Cities: Communication from the Iowa League of Cities appointing Council Member Pat Cline to serve as one of Iowa's representatives on the Energy, Environment and Natural Resources (EENR) Committee. Motion by Lynch to receive, file, and approve. Seconded by Connors. Motion carried 7-0. COUNCIL MEMBER REPORTS Braig reported receiving calls regarding park- ing difficulties along Delhi Street during the re- cent snow storm and relayed concerns from the Old Main District regarding the "New Main" de- velopment in the Port of Dubuque. Jones re- ported that Delhi Street is very narrow by a large hospital and that it may be necessary to com- pletely prohibit parking on that street. Cline re- ported receiving fewer calls about snow removal and commended staff for their efforts. CLOSED SESSION At 8:27 p.m., Jones moved to adjourn to Closed Session regarding Pending Litigation, Personnel Issue and Property Acquisition - Chapter 21.5(1)(c)(i)(j) 2007 Code of Iowa; and Collective Bargaining Strategy - Iowa Code Chapter 20.17(3). Seconded by Lynch. Motion carried 7-0. Council reconvened in Regular Session at 8:45 p.m. stating that staff had been given prop- erdirection. There being no further business, upon mo- tion the meeting was adjourned at 8:46 p.m. /s/Jeanne F. Schneider, CMC City Clerk Book 137 Special Session, February 22, 2007 CITY OF DUBUQUE, IOWA CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, February 22, 2007 Council met in Special Session at 6:30 P. M. in the Library Auditorium Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski, City Manager Van Milligen Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of discussing various City departmental budgets. The budgets for the following departments were discussed: Water Department, Water Pol- lution Control Plant, Public Works Department, and Engineering Department. Water Department: Lynch questioned how much capacity was left in the Dubuque system. Water Department Manager Bob Green re- sponded that the system would not reach capac- ity for approximately ten to fifteen years. Water Pollution Control Plant: Michalski questioned why there were a large number of capital improvement projects scheduled for Fis- cal Year 2008. Water Pollution Control Plant Manager Jonathon Brown explained that this was due to projects being delayed because of cost and the outcome of the plant facility study. Public Works Department: Connors ques- tioned the decision package providing fora pub- lic education /community outreach event and suggested that possibly this could be funded as a one-time event versus annual. Cline and Mi- chalski also voiced support for this decision package. Cline questioned the life of the chemi- cals used on streets prior to a predicted snow/ice storm. Public Works Director Don Vogt replied that the chemicals were good for two to three days. Mayor Buol commented on the posi- tive feedback he had received on the hanging baskets in the Port of Dubuque. Engineering Department: Michalski ques- tioned whether having a dedicated Project Man- ager position was more beneficial than having individual project managers. Engineer Gus Psi- hoyos stated the he felt it proving to be very worthwhile. Connors commented that she felt the part-time employee to establish the depart- ment's Laserfiche archive would need to be looked at again. Buol requested that the recom- mended Request for Proposals fora "Green 67 Community" consultant be issued prior to the beginning of the fiscal year. Amy Eudaley, 950 Wood Street, asked if anything was being done about installing sidewalks on John F. Kennedy Road and Wacker Drive and if there were any plans for installing an overpass at Hwy. 20 for walkers. Psihoyos replied that they were looking at the intersection of JFK and Wacker with re- gard to improvements and also that if Council directed they could require that sidewalks be installed or to install them as a part of the as- sessable sidewalk installation program. There being no further business, Braig moved to adjourn. Seconded by Connors. Mo- tion carried 7-0. The meeting adjourned at 7:57 p.m. /s/ Jeanne F. Schneider, CMC City Clerk 68 Special Session, February 26, 2007 Book 137 CITY OF DUBUQUE, IOWA CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, February 26, 2007 Council met in Special Session at 6:30 P. M. in the Library Auditorium Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski, City Manager Van Milligen Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of discussing various City departmental budgets. The budgets for the following City Depart- ments were discussed: Five Flags Civic Center, Recreation Division, Park Division, Information Services Department and Cable TV Division. Five Flags Civic Center: Leisure Services Manager Gil Spence provided the Council with an overview of activities and projects at the Cen- ter. Adetailed budget will be submitted to the Five Flags Commission in March and to the City Council in April for approval. Michalski spoke of her continued concern regarding the amount of handicapped parking available around the Five Flags Center. oped this spring with construction either this year or next. A decision has not yet been made as to whether dogs would be allowed in the new park at the Port of Dubuque. Charles Winter- wood, Tri-State Trail Vision, spoke in support of funding for the Catfish Creek trail study and re- quested that, if possible, this be moved up from 2010 to allow earlier construction of the trail. Mike Heitz, 1085 University Avenue, expressed appreciation to the City Council for their re- sponse to the need for updated /additional skate board facilities. Justin DeMuth, 1780 Gar- field, spoke in support of the skate board parks and requested the inclusion of water fountains and restrooms at the parks. Information Services Department: Informa- tion Services Manager Chris Kohlmann ex- pressed appreciation for the recommended funding of the Lead Applications/Network Ana- lyst position and explained how the position would be utilized. Jones questioned whether it would be possible to have dog and cat license information on-line to assist with tracking owner information when City Hall is not open. Cable TV Division: Cable TV Coordinator Craig Nowack reviewed past and future initia- tives for the department, which include the tele- vising of Zoning Advisory Commission meetings. Buol questioned whether the City Council would be allowed to watch these meetings in lieu of the recent Iowa Supreme Court ruling. Recreation Division: Recreation Division Manager Pat Prevenas provided a summary of the past year's accomplishments and activities. Michalski suggested that partnership opportuni- ties be looked at for funding of the Prescott and Lincoln after-school programs. Connors ques- tioned why Sutton Pool was closed prior to Flora Pool in the fall. It was explained that Flora Pool had the larger capacity and was more centrally located than Sutton Pool. Park Division: Park Division Manager Bob Fritsch reviewed the activities and projects of the Division and explained the proposed overall re- organization of the maintenance staff to improve efficiency and quality of work performed. Con- nors questioned whether prospective users would have input on what would or would not work at the proposed BMX Park. Michalski asked whether the Port of Dubuque Park could be moved up. City Manager Van Milligen re- sponded that the schedule is being coordinated with construction of the parking ramp. Braig questioned whether dogs would be allowed in the Port of Dubuque Park and whether there were any plans for construction of a second dog park. Leisure Services Manager Gil Spence stated that a location has been selected for the second dog park and that plans would be devel- There being no further business, upon mo- tion meeting adjourned at 8:05 p.m. /s/ Jeanne F. Schneider, CMC City Clerk Book 137 Special Session, February 27, 2007 CITY OF DUBUQUE, IOWA CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, February 27, 2007 Council met in Special Session at 6:30 P. M. in the Library Auditorium Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski, City Manager Van Milligen Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of discussing various City departmental budgets and conducting a public hearing on the CDBG Fiscal Year 2008 Annual Action Plan. The budgets for the following City depart- ments were discussed: Economic Development Department, Parking Division, Transit Division, Planning Services Department, and Housing and Community Development Department. Economic Development Department: Mi- chalski questioned how the Downtown Rehabili- tation Loan Program pool would be recapita- lized. Economic Development Dave Heiar ex- plained that additional Greater Downtown TIF revenues were added to recapitalize this pool of funds over four years Fiscal Year 2009 - 2011). Transit Division: Braig inquired as to the seating capacity on the City's larger buses, the cost per passenger to the City and why mini buses were not used on the fixed routes. Transit Manager Jon Rodocker explained that the large buses have a capacity of 35 with each passen- ger trip costing the City approximately $5.00. He further explained that the average fare paid to the City by passengers is approximately $.65. He stated that mini buses are not used on fixed routes as the life expectancy of the smaller bus- es is much shorter and the City receives more federal/state funding for the larger buses. Mi- chalski commented she was pleased to see the continued commitment to ADA and the need to continue fixed route service. She also com- mented on the marketing approach for the Port of Dubuque and whether more needed to be done in this area. Dave Baker, 3055 Castlewood Lane and President of the Teamsters Union, gave a brief history of how the City has been filling vacant full-time bus operator positions with part-time employees and requested that the City reverse this policy and return to hiring full-time drivers. City Manager Van Milligen replied that the City intends to form alabor/management committee in the Transit area but that he was not ready to commit to transitioning to full-time positions at 69 this time. Bus Operator Pat Healy spoke of prob- lems in the dispatch area at Keyline and re- quested that drivers be used in this office. Bus Operator Wayne Strohmeyer spoke in support of transitioning to full-time drivers. Parking Division: Michalski questioned whether the Parking Disability Committee still existed and requested that Parking Division Manager Tim Horsfield contact the Human Rights Department for assistance in this area. Jones commented that he was impressed by the friendly enforcement personnel in the Division. Planning Services Department: Connors commented that the past and future accom- plishments of the department were very impres- sive. Housing and Community Development De- partment: Public hearing on the Fiscal Year 2008 (Pro- gram Year 2007) Community Development Block Grant Annual Action Plan. Dave Stewart, Vice Chairperson of the His- toric Preservation Commission, and Keisha Wainwright, Historic Preservation Commission Member, spoke in support of restoring funds to the Historic Preservation Rehab Grant Program. Michalski moved to restore funding of the Histor- ic Preservation Rehab Grant Program to $20,000. Motion died for lack of a second. Upon motion the public hearing was closed. The remainder of the Housing and Community Development Department budget was then pre- sented. Housing and Community Development Man- ager David Harris provided a recap of the de- partment's successes over the past year. Mi- chalski stated that although the additional part- time inspector position had not been recom- mended for funding that this position should continue to be looked at for funding in the future. Joseph Noel, 315 West Locust, thanked the City Council for the assistance received from the Neighborhood Development Specialist and ex- pressed his concern about the need for addi- tional inspectors and COP's in the area. There being no further business, upon mo- tion meeting adjourned at 9:34 p.m. /s/ Jeanne F. Schneider, CMC City Clerk 70 Special Session, March 1, 2007 Book 137 CITY OF DUBUQUE, IOWA CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, March 1, 2007 Council met in Special Session at 6:30 P. M. in the Library Auditorium Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski, City Manager Van Milligen Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of discussing various City departmental budgets. Airport Department: Airport Manager Robert Grierson provided an overview of activities / projects at the Airport. In response to a question from Council Member Cline he stated that they were pursuing an additional carrier /hub for the airport. Services of Northeast Iowa, thanked the City Council for their continued support and spoke of the various programs offered. Dale Repass, Dubuque Humane Society, re- viewed statistics of the past year and reported a 23 percent increase in the number of animals handled. Michelle Brown, Opening Doors, addressed the Council regarding the funding request in the amount of $75,000 for Maria House and Teresa Shelter which was not recommended for funding in the Fiscal Year 2008 budget and stated that the operating cost for the two facilities was in excess of $500,000 per year. Sr. Carol Kar- woski, Program Director at Teresa Shelter, re- quested that the Council look favorably at finding funds for the two facilities. Sandi Helgerson, St. Mark Community Cen- ter, requested funding in the amount of $72,000 to provide after-school programs at three schools. There being no further business, upon mo- tion meeting adjourned at 8:32 p.m. Library Department: Lynch questioned how the Police substation at the Library was being received and Library Manager Susan Henricks replied that it had been a very positive expe- rience. Health Services Department: Michalski re- quested that extensive bat information be avail- able at the Crescent Community Health Center. Purchase of Services: Sue Czeshinski spoke in support of funding for the America's River Corporation and pro- vided an overview of upcoming events. Sue Czeshinski, Dubuque Area Chamber of Commerce -Convention and Visitors Bureau, provided a brief update on the activities of the CVB. Chuck Isenhart, Dubuque Area Labor Man- agement Council, introduced Board members Joe Hansen and Rick Haubel who spoke in sup- port of the work of DALMC. Dan LoBianco, Dubuque Main Street Ltd., thanked the Council for their support, especially for funding of the requested part-time develop- ment position. Rick Dickinson, Greater Dubuque Develop- ment Corporation, expressed appreciation to the City for past and future funding and thanked the GDDC staff for their support. Tom Stovall, Operation: New View, updated the Council on the various programs offered by Operation: New View and expressed concerns about projected Federal budget cuts. Bob Schroeder, Retired Senior Volunteer Program, briefly summarized RSVP's activities and the positive role it plays in the community. Dean Nelson and Dave Runyon, Helping /s/ Jeanne F. Schneider, CMC City Clerk Book 137 Special Session, March 5, 2007 71 CITY OF DUBUQUE, IOWA CITY COUNCIL OFFICIAL PROCEEDINGS Objective 8.5 Repair and enhance use of public stairways or create acceptable alterna- tives for pedestrian access to connect bluff neighborhoods with downtown. Council con- curred to strike the entire Objective. City Council Special Session, March 5, 2007 Council met in Special Session at 5:00 PM in the Library Auditorium Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski, City Manager Van Milligen; City Attorney Lin- dahl. Mayor Buol read the call and stated this is a Special Session of the City Council called for the purpose of discussing the 2006-2007 Update of the Comprehensive Plan. Charles Winterwood, Long Range Planning Advisory Commission Chairperson, presented the updates to the Council for their consideration. Objective 4.6 Create a bluff overlay district with appropriate building height restrictions for bluff-top, bluff-line, and bluff-base development to maintain bluffs as scenic attractions: Council concurred to strike entire Objective. Objective 5.3 Protect natural vistas from the clutter of inappropriate physical development: Braig recommended striking the entire Objec- tive. Council concurred. Objective 5.6 Create a "checks and bal- ances" approach to development, including bluff preservation and development, based on some of the same concepts used in the Historic Pre- servation Ordinance; e.g. historic and cultural significance, and also develop a scale to meas- ure whether a structure is "in proportion:" Cline recommended striking the entire Objective. Council concurred. Objective 6.7 Involve developers in creating mixed use developments and mixed use regula- tions, including architectural designs for new commercial uses (buildings, signs, parking) that are indistinguishable from surrounding residen- tial uses; don't allow franchises to dictate archi- tecture, signs, and parking lot designs: City Manager recommended striking the phrase "...that are indistinguishable from surrounding residential uses," Council concurred. Objective 8.5 Encourage the provision of access to persons with disabilities: Michalski recommended replacing the word "encourage" with "assure." City Attorney Lindahl suggested the wording "Promote assurance with provisions of ADA for persons with disabilities." Council concurred. Objective 8.6 Install sidewalks or alternate pedestrian access on all roadways where possi- ble. Council concurred to strike the entire Objec- tive. Objective 9.2 Ensure new development is appropriate for existing street system. Council concurred to strike the entire Objective. Objective 9.8 Compliment the human scale and historic bulk and mass of existing structures when designing new or redeveloped structures. Michalski stated that this is a contentious matter, agreed with the ending point but re-wording was necessary. Council concurred. Objective 9.10 Develop a policy for relocated businesses to work with public and the City to develop exit plan for redevelopment or rebuild on same site. The Mayor stated that this is un- manageable. Braig recommended striking the entire Objective. Council concurred. Objective 10.6 Balance farmland and critical area preservation with the need to annex deve- lopable land for urban expansion. Council ques- tioned how this would work with annexation and stated this should be part of Dubuque County's Comprehensive Plan. Concurred to strike entire Objective. Staff was directed to schedule another work session to continue the review of the Compre- hensive Plan. There being no further discussion, upon mo- tion the meeting was adjourned at 6:16 PM. /s/ Jeanne F. Schneider, CMC City Clerk 72 Regular Session, March 5, 2007 Book 137 CITY OF DUBUQUE, IOWA CITY COUNCIL OFFICIAL PROCEEDINGS City Council Regular Session, March 5, 2007 Council Met in Regular Session at 6:30 PM in the Library Auditorium claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Com- munities Assurance Pool: William Ambrosy for vehicle damage, Mary Donath for property damage, Gail Featherston for vehicle damage, Mark Lange for vehicle damage, Mary V. Moy- er for vehicle damage, Linda A. Strong for per- sonal injury, and Steven Viertel for vehicle damage, upon motion received, filed and con- curred. Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michals- ki, City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of discussing such matters which may properly come before the Council. Invocation was given by Reverend Jerry Oakland, St. Luke's Methodist Church PROCLAMATIONS Mental Retardation Awareness Month was accepted by Julie Jordahl Boys and Girls Club Week was accepted by Molly Casey CONSENT ITEMS Motion by Cline to receive, file, refer to staff, and adopt resolutions as specified. Seconded by Lynch. Michalski requested (#4) Bowling and Beyond Dubuque, Inc., be held out for separate discussion. Motion carried 7- 0. Minutes and Reports Submitted: City Council of 2/15, 2/20, 2/22, and 2/26; Civil Service of 1/9 and 1/25; Historic Preservation Commission of 2/15; Long Range Planning Advisory Commission of 2/14, upon motion received and filed. Proof of publication of City Council Pro- ceedings of February 5, 2007, upon motion received and filed. Notice of Claims/Suits: William Ambrosy for vehicle damage; LeRoy Cain for vehicle damage; Gail Featherston for vehicle damage; Thomas Koch, d/b/a Paul's Tavern vs. City of Dubuque, Iowa for property damage; Mark Lange for vehicle damage; George Maury for vehicle damage; Mary V. Moyer for vehicle damage; Linda A. Strong for personal injury; Steven Viertel for vehicle damage, upon mo- tion received, filed and referred to City Attor- n ey. City Attorney advising that the following City Attorney recommending that the claims of LeRoy Cain for vehicle damage and George Maury for vehicle damage be denied, upon motion received, filed and concurred. Airport Commission: Communication from Teri Hawks Goodmann resigning her position on the Airport Commission, upon motion re- ceived and filed. Bowling and Beyond Dubuque, Inc.: Com- munication from Arthur F. Gilloon, representing Bowling and Beyond Dubuque, Inc., providing notification that Bowling and Beyond Dubuque, Inc., hereby exercises its option to extend the May 2, 1958, lease, the April 14, 1964, lease, and the "Addendum to Lease Agreement" dated June 19, 1973, for an additional term of fifty (50) years. Van Milligen clarified that the original lease contained an option to extend, and such language in future leases will be negotiated. Motion by Michalski to receive and file. Seconded by Cline. Motion carried 7-0. Collective Bargaining Agreement - Interna- tional Union of Operating Engineers: City Manager recommending approval of the three year collective bargaining agreement with the International Union of Operating Engineers, Local #758. Motion by Cline to receive, file, and adopt Resolution No. 116-07 Approving the agreement between the City of Dubuque, Iowa, and the International Union of Operating Engineers, Local #758, and authorizing the Mayor to sign the agreement. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 116-07 APPROVING THE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA, AND THE INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL #758 AND AUTHORIZ- ING THE MAYOR TO SIGN THE AGREE- MENT Whereas, the Sixty-Fifth General Assembly adopted the Public Employment Relations Act, Chapter 20, Code of Iowa; and Whereas, the City of Dubuque is a public employer within the meaning of Section 3 (1) of the Public Employment Relations Act; and Whereas, the International Union of Oper- ating Engineers, Local #758 is an employee Book 137 Regular Session, March 5, 2007 73 organization within the meaning of Section 3 (4) of the Public Employment Relations Act; and Whereas, the International Union of Oper- ating Engineers, Local #758, submitted a re- quest to bargain collectively on behalf of the employees within its representation; and Whereas, bargaining between the parties has occurred and an agreement has been concluded. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the terms of the agreement be approved and the Mayor authorized and directed to sign the collective bargaining agreement. Passed, approved and adopted this 5t" day of March, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 2404 Washington Street - Purchase of Property: City Manager recommending ap- proval of the purchase of a four-plex residen- tial dwelling located at 2404 Washington Street as part of the acquisition program associated with the Bee Branch Creek Restoration Project. Motion by Cline to receive, file and adopt Resolution No. 117-07 Approving the acquisition of real estate located at 2404 Washington Street in the City of Dubuque. Seconded by Lynch. Motion carried 7-0 RESOLUTION NO. 117-07 A RESOLUTION APPROVING THE ACQUI- SITION OF REAL ESTATE LOCATED AT 2404 WASHINGTON 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 recom- mended in the 2001 HDR "Drainage Basin Master Plan;" and WHEREAS, a purchase agreement has been finalized with the owner of the fourteenth 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 legal- ly described property: Lot 24 in the Subdivision of Lots 192, 193, 194 and 195 in L.H. Langworthy's Addition in the City of Dubuque, Iowa, according to the recorded plat of said Subdivision, (generally described as Lot 24 in O.S. Langworthy's Subdivision, in the City of Dubuque, Iowa), At the cost of One hundred eight thousand dollars ($108,000). 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 is hereby au- thorized and directed to cause said Quit Claim Deed to be recorded in the office of the Dubu- que County Recorder, together with certified copy of the Resolution. Section 4. That the City Clerk is hereby di- rected to forward a copy of this Resolution to the Dubuque County Assessor and the Dubu- que County Auditor. Passed, approved and adopted this 5t" day of March, 2007. Roy D. Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk 2318 Washington Street - Purchase of Property: City Manager recommending ap- proval of the purchase of a residential dwelling located at 2318 Washington Street as part of the acquisition program associated with the Bee Branch Creek Restoration Project. Motion by Cline to receive, file, and adopt Resolution No. 118-07 Approving the acquisition of real estate located at 2318 Washington Street in the City of Dubuque. Seconded by Lynch. Mo- tion carried 7-0. RESOLUTION NO. 118-07 A RESOLUTION APPROVING THE ACQUI- SITION OF REAL ESTATE LOCATED AT 2318 WASHINGTON 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 recom- mended in the 2001 HDR "Drainage Basin Master Plan;" and WHEREAS, a purchase agreement has been finalized with the owner of the fifteenth 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 legal- ly described property: The Southerly 30 feet of the Northerly 80 feet of Lot 1 of lot 105 in L.H. Langworthy's Addition in the City of Dubuque, Iowa according to the recorded plat thereof, in the City of Dubuque, Iowa At the cost of Seventy two thousand dollars ($72, 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 74 Regular Session, March 5, 2007 Book 137 herein described real estate. Section 3. That the City Clerk is hereby au- thorized and directed to cause said Quit Claim Deed to be recorded in the office of the Dubu- que County Recorder, together with certified copy of the Resolution. Section 4. That the City Clerk is hereby di- rected to forward a copy of this Resolution to the Dubuque County Assessor and the Dubu- que County Auditor. Passed, approved, and adopted this 5t" day of March, 2007. Roy D. Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk 508 East 22nd Street -Purchase of Proper- ty: City Manager recommending approval of the purchase of a residential dwelling located at 508 East 22nd Street as part of the acquisi- tion program associated with the Bee Branch Creek Restoration Project. Motion by Cline to receive, file and adopt Resolution No. 119-07 Approving the acquisition of real estate located at 508 East 22nd Street in the City of Dubuque. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 119-07 A RESOLUTION APPROVING THE ACQUI- SITION OF REAL ESTATE LOCATED AT 508E 22"d STREET, IN THE CITY OF DU- BUQUE 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 recom- mended in the 2001 HDR "Drainage Basin Master Plan;" and WHEREAS, a purchase agreement has been finalized with the owner of the sixteenth 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 legal- ly described property: Northerly 24 feet of the Westerly'/2 of Lot 1 in "L. Kniest's Subdivision of part of Mineral Lot No. 314", in the City of Dubuque, Iowa according to the recorded plats thereof, said premises fronting 24 feet on Twenty Second Street (formerly Eagle Point Avenue) and running back that width a dis- tance of 86 feet along the Northerly Line of said Lot 1, together with and subject to all easements, restrictions and reservations of record at the cost of Fifty six thousand dollars ($56, 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 is hereby au- thorized and directed to cause said Quit Claim Deed to be recorded in the office of the Dubu- que County Recorder, together with certified copy of the Resolution. Section 4. That the City Clerk is hereby di- rected to forward a copy of this Resolution to the Dubuque County Assessor and the Dubu- que County Auditor. Passed, approved, and adopted this 5t" day of March, 2007. Roy D. Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk Purchase of Replacement Dump Truck #4404: City Manager recommending approval of the purchase of a replacement one-ton dump truck by the Leisure Services Depart- ment. Motion by Cline to receive, file and adopt Resolution No. 120-07 Approving the purchase of a dump truck to replace #4404. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 120-07 RESOLUTION APPROVING THE PUR- CHASE OF A DUMP TRUCK TO REPLACE #4404 Whereas, the City Manager recommends the purchase of a dump truck from Mike Finnin Ford, for a purchase price of $25,497.50, to replace #4404, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The purchase of a dump truck from Mike Finnin Ford for a purchase price of $25,497.50 is hereby approved. Passed, approved and adopted this 5t" day of March, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Purchase of Replacement Dump Truck #4408: City Manager recommending approval of the purchase of a one-ton replacement dump truck by the Leisure Services Depart- ment. Motion by Cline to receive, file and adopt Resolution No. 121-07 Approving the purchase of a dump truck to replace #4408. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 121-07 RESOLUTION APPROVING THE PUR- CHASE OF A DUMP TRUCK TO REPLACE #4408 Whereas, the City Manager recommends the purchase of a dump truck from Mike Finnin Ford, for a purchase price of $25,497.50, to replace #4408, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The purchase of a dump truck from Mike Finnin Ford for a purchase price of Book 137 Regular Session, March 5, 2007 75 $25,497.50 is hereby approved. Passed, approved and adopted this 5th day of March, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk University of Dubuque I-Net User Agree- ment: City Manager recommending approval of an I-Net User Agreement with the University of Dubuque, upon motion received, filed, and approved. Purchase of Replacement Dump Truck #3216: City Manager recommending approval of the purchase of a new 54,000 GVW dump truck by the Public Works Department to re- place #3216. Motion by Cline to receive, file and adopt Resolution No. 122-07 Approving the purchase of a dump truck to replace #3216. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 122-07 RESOLUTION APPROVING THE PUR- CHASE OF A DUMP TRUCK TO REPLACE #3216 Whereas, the City Manager recommends the purchase of a dump truck and associated equipment, from Hawkeye Truck and Hender- son Equipment respectively, for a total pur- chase price of $122,431.00, to replace #3216; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The purchase of a dump truck from Hawkeye Truck for a purchase price of $71,900.00 is hereby approved. Section 2. The purchase of a combination dump/spreader box and awing snow plow from Henderson Equipment fora purchase price of $50,531.00 is hereby approved. Passed, approved and adopted this 5t" day of March, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk City Manager Employment Agreement: Approval of the sixteenth amendment to the City Manager's employment agreement, upon motion received, filed, and approved. Legislative Correspondence: Communica- tion to the Subcommittee of Senate Commerce Committee relaying concerns the City of Du- buque has with Senate Study Bill (SSB) 1208 regarding statewide cable television franchis- ing. Communication to State Legislators urging opposition to SSB 1208 in its current form and any legislation that prevents a community from acquiring a cable television franchise that best meets the needs of its citizens. Communica- tion to Federal Legislators requesting support of additional Fiscal Year 2008 Federal Funding for trail development as part of the City of Du- buque's Iowa Great Places designation. Communication to State Legislators concern- ing legislation affecting Tax Increment Financ- ing and the Instructional Support Levy. Upon motion received and filed. Severance of Properties: City Manager re- commending approval of the severance re- quests of two properties on Sandpiper Lane and two properties on Berry Lane from the City of Dubuque. Motion by Cline to receive, file and adopt Resolution No.123-07 Approving applications for voluntary severance of territory from the City of Dubuque, Iowa. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 123-07 RESOLUTION APPROVING APPLICATIONS FOR VOLUNTARY SEVERANCE OF TERRI- TORY FROM THE CITY OF DUBUQUE, IOWA Whereas, Stanley K. and Lou Ann Kay Ward, the property owners, have submitted a written application for voluntary severance of approximately 2.606 acres of land from the City of Dubuque, Iowa; and Whereas, Karen Cogan, the property own- er, has submitted a written application for vo- luntary severance of approximately 1.969 acres of land from the City of Dubuque, Iowa; and Whereas, Wayne G. Siebert, the property owner, has submitted a written application for voluntary severance of approximately 1.955 acres of land from the City of Dubuque, Iowa; and Whereas, Donald J. and Luella C. Cogan, the property owners, have submitted a written application for voluntary severance of approx- imately 2.664 acres of land from the City of Dubuque, Iowa; and Whereas, Iowa Code section 368.8 autho- rizes the severance of property in situations of this character by adoption of a resolution; and Whereas, the severance is in the public in- terest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the application of Stanley K. and Lou Ann Kay Ward, the property own- ers, for voluntary severance of approximately 2.606 acres of land from the City of Dubuque, Iowa, as shown on Exhibit A and legally de- scribed as Lot 1-4-1 SW SW of Section 19 T89N R2E is hereby approved for severance from the City of Dubuque, Iowa on the condi- tion that said property is annexed to the City of Asbury, Iowa. Section 2. That the application of Karen Cogan, the property owner, for voluntary se- verance of approximately 1.969 acres of land from the City of Dubuque, Iowa, as shown on 76 Regular Session, March 5, 2007 Book 137 Exhibit A and legally described as Lot 2-6-1 SW SW of Section 19 T89N R2E is hereby approved for severance from the City of Dubu- que, Iowa on the condition that said property is annexed to the City of Asbury, Iowa. Section 3. That the application of Wayne G. Siebert, the property owner, for voluntary severance of approximately 2.606 acres of land from the City of Dubuque, Iowa, as shown on Exhibit A and legally described as Lot 2-4-1 SW SW of Section 19 T89N R2E is hereby approved for severance from the City of Dubu- que, Iowa on the condition that said property is annexed to the City of Asbury, Iowa. Section 4. That the application of Donald J. and Luella C. Cogan, the property owners, for voluntary severance of approximately 2.606 acres of land from the City of Dubuque, Iowa, as shown on Exhibit A and legally described as Lot 1-6-1 SW SW of Section 19 T89N R2E is hereby approved for severance from the City of Dubuque, Iowa on the condition that said property is annexed to the City of Asbury, Iowa. Passed, approved and adopted this 5t" day of March 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Fiscal Year 2008 Capital Improvement Program: Communication from the Long Range Planning Advisory Commission re- commending approval of the City Manager's recommended Fiscal Year 2008 Capital Im- provement Program budget as consistent with the Comprehensive Plan, upon motion re- ceived and filed. Sustainable Design Assessment Team: City Manager recommending approval of a Memorandum of Understanding with the Amer- ican Institute of Architects for the Sustainable Design Assessment Team grant, upon motion received, filed, and approved. Unified Development Code Citizens Advi- sory Committee: City Manager recommending that Dr. Charles Winterwood be approved as an additional member to the Unified Develop- ment Code Citizens Advisory Committee, upon motion received, filed, and approved. Greater Downtown Urban Renewal District: Communication from the Long Range Planning Advisory Commission in support of the pro- posed amendment to the Amended and Res- tated Greater Downtown Urban Renewal Dis- trict and recommending approval, upon motion received and filed. Street for a licensed child care center at 2501 Jackson Street be referred to the City Manag- er, upon motion received, filed, and referred to City Manager. Silos and Smokestacks Grant Application: City Manager recommending support of a Friends of the Mines of Spain State Recreation Area grant application to the Silos and Smoke- stacks National Heritage Area, upon motion received, filed, and approved. State Historical Society of Iowa: Communi- cation from the State Historical Society of Iowa advising that the Dubuque Star Brewery, 500 East Fifth Street, has been accepted for nomi- nation to the National Register of Historical Places by the State Nominations Review Committee, upon motion received and filed. Arts and Culture Grant Program for Special Projects: Arts and Cultural Affairs Advisory Commission recommending approval of a modification to the Arts and Culture Grant Pro- gram for Special Projects, upon motion re- ceived, filed, and approved. Citizen Communication: Communication from John and Betty Fox expressing gratitude to the Dubuque Fire Department for the prompt and efficient response on February 9, 2007, upon motion received and filed. Signed Contracts: Iowa Department of Natural Resources Grant Contract, upon mo- tion received and filed. Business License Refund: Request of WCB Hotels, Inc., d/b/a Best Western Midway Hotel/Hoffman House Restaurant/3100 Club, for a refund of Cigarette License #DBQ-062 in the amount of $25.00, upon motion received, filed, and approved. Business Licenses: City Manager recom- mending approval of annual liquor license re- newals as submitted. Motion by Cline to re- ceive, file and adopt Resolution No. 124-07 Granting the issuance of a Class "C" Beer Permit to Econo Foods and Hartig Drug #8 and Resolution No. 125-07 Granting the is- suance of a Class "C" Beer/Liquor License to Chances R, Yardarm Bar, Dubuque Grey- hound Park, Neighbor's Tap, Bunker Hill, and Isabella's; Class "E" Liquor License to Hartig Drug #8; Class "B" Wine Permit to Hartig Drug #8 and Econo Foods #471; and Class "WBN" Native Wine to National Mississippi River Mu- seum. Seconded by Lynch. Motion carried 7-0. Petition for Drop-Off/Pick-Up Lane on 25t" Street: City Manager recommending that a petition fora drop-off/pick up lane on 25t" Book 137 Regular Session, March 5, 2007 77 RESOLUTION NO. 124-07 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been ex- amined 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 Nash Finch Company, Econo Foods #471+(Sunday Sale), 3355 JFK Rd Hartig Drug Company, Hartig Drug #8+(Sunday Sale), 1600 University Av Passed, approved and adopted this 5t" day of March, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 125-07 Whereas, applications for Liquor Licenses have been submitted to this Council for ap- proval 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 Ordin- ances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS "C" BEER/LIQUOR LICENSE Mike Johnson, Chances R+(Sunday Sales), 1046 Central Ave The Yardarm, Yardarm Bar+( Sunday/Outdoor Sale), 1201 Shiras Ave DBQ Racing Assoc., DBQ Greyhound Park+(Sunday/Outdoor), 1855 Greyhound Park Neighbor's Inc, Neighbor's Tap, 1899 Rock- dale Rd City of Dubuque, Bunker Hill Golf Course+(Sunday/Outdoor), 2200 Bunker Hill Isabella's at the Ryan House, Isabella's +(Sunday Sale), 1375 Locust St CLASS "E" LIQUOR LICENSE Hartig Drug Com., Hartig Drug # 8, 1600 Uni- versity Ave CLASS "B" WINE Hartig Drug Com., Hartig Drug # 8, 1600 Uni- versity Ave Nash Finch Company, Econo Foods # 471, 3355 JFK Rd CLASS "WBN" NATIVE WINE DBQ County Historical Society, Nat'I Missis- sippi River Museum, 350 E. 3~d St Passed, approved and adopted this 5t" day of March, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk ITEMS TO BE SET FOR PUBLIC HEARING City Hall Envelope Restoration (Tuckpoint- ing) Project: City Manager recommending initi- ation of the public bidding process for the City Hall Envelope Restoration (Tuckpointing) Project and that a public hearing be set for April 2, 2007. Motion by Cline to receive, file and adopt Resolution No. 126-07 Preliminary approval of plans and specifications, form of contract, and estimated cost for the City Hall Envelope Restoration (Tuckpointing) Project; Resolution No. 127-07 Setting date of public hearing on plans and specifications, form of contract, and estimated cost for the City Hall Envelope Restoration (Tuckpointing) Project for April 2, 2007, at a meeting to commence at 6:30 PM in the public library auditorium and direct the City Clerk to publish notice in the manner prescribed by law; and Resolution No. 128-07 Ordering the advertisement for bids for the City Hall Envelope Restoration (Tuckpoint- ing) Project. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 126-07 PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE CITY HALL ENVELOPE RESTORATION (TUCK- POINTING) 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 City Hall Envelope Restoration (Tuckpointing) Project, in the estimated amount of $374,403.00, are hereby approved and or- dered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 5t" day of March, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 127-07 FIXING DATE OF HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE CITY HALL ENVELOPE RESTORATION (TUCK- POINTING) PROJECT Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary ap- proval on the proposed plans, specifications, 78 Regular Session, March 5, 2007 Book 137 and form of contract and placed same on file in the office of the City Clerk for public inspection of the City Hall Envelope Restoration (Tuck- pointing) Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 2nd day of April, 2007, a public hearing will be held at 6:30 PM in the Public Library Auditorium at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk is hereby directed to cause a notice of 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 not less than twenty days nor more than forty five days prior to the day fixed for its consideration. At the hearing, any inter- ested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, approved and adopted this 5t" day of March, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 128-07 ORDERING THE ADVERTISEMENT FOR BIDS FOR THE CITY HALL ENVELOPE RESTORATION (TUCKPOINTING) PROJECT NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the City Hall Envelope Restoration (Tuckpointing) Project is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that 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 as a part of the plans and specifica- tions heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than twenty days nor more than forty-five days prior to the receipt of said bids at 2:00 PM, on the 27t" day of March, 2007. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 6:30 PM, on the 2nd day of April, 2007. Passed, approved and adopted this 5t" day of March, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Federal Building -Third Floor Window Re- pair/Lead Abatement Removal Project: City Manager recommending initiation of the public bidding process for the Federal Building - Third Floor Window Repair/Lead Abatement Removal Project and that a public hearing on the plans and specifications, form of contract and estimated cost be set for April 2, 2007. Motion by Cline to receive, file and adopt Res- olution No. 129-07 Preliminary approval of plans and specifications, form of contract, and estimated cost for the Federal Building -Third Floor Window Repair/Lead Abatement Re- moval Project; Resolution No. 130-07 Setting date of hearing on plans and specifications, form of contract, and estimated cost for the Federal Building -Third Floor Window Re- pair/Lead Abatement Removal Project for April 2, 2007, at a meeting to commence at 6:30 PM in the public library auditorium and direct the City Clerk to publish notice in the manner pre- scribed by law; and Resolution No. 131-07 Ordering the advertisement for bids for the Federal Building -Third Floor Window Re- pair/Lead Abatement Removal Project. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 129-07 PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE FEDER- AL BUILDING EXTERIOR WINDOW LEAD PAINT REMOVAL & PAINTING AND RENO- VATED AREAS WINDOW REPAIR, GLASS REPLACEMENT, INTERIOR WINDOW LEAD PAINT REMOVAL & PAINTING 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 Federal Building Exterior Window Lead Paint Removal & Painting and Renovated Areas Window Repair, Glass Replacement, Interior Window Lead Paint Removal & Painting Project, in the estimated amount $468,000, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 5t" day of March, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 130-07 FIXING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATED COST FOR THE FEDERAL BUILDING EXTERIOR WINDOW LEAD PAINT REMOVAL & PAINTING AND RENOVATED AREAS WINDOW REPAIR, GLASS REPLACEMENT, INTERIOR WIN- DOW LEAD PAINT REMOVAL & PAINTING PROJECT Whereas, the City Council of the City of Book 137 Regular Session, March 5, 2007 79 Dubuque, Iowa has given its preliminary ap- proval to the proposed plans, specifications, form of contract, and estimated cost for the Federal Building Exterior Window Lead Paint Removal & Painting and Renovated Areas Window Repair, Glass Replacement, Interior Window Lead Paint Removal & Painting Project (the Project) and ordered the same to be on file in the office of the City Clerk for pub- lic inspection. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a public hearing will be held on the 2nd day of April, 2007, at 6:30 PM, in the Public Library Auditorium 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 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 esti- mated cost of the Project. Passed, adopted and approved this 5t" day of March, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 131-07 ORDERING THE ADVERTISEMENT FOR BIDS FOR THE FEDERAL BUILDING EXTE- RIOR WINDOW LEAD PAINT REMOVAL & PAINTING AND RENOVATED AREAS WIN- DOW REPAIR, GLASS REPLACEMENT, INTERIOR WINDOW LEAD PAINT REMOV- AL & PAINTING PROJECT NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the Federal Building Exterior Window Lead Paint Removal & Painting And Reno- vated Areas Window Repair, Glass Replace- ment, Interior Window Lead Paint Removal & Painting Project is hereby ordered to be adver- tised for bids for construction. BE IT FURTHER RESOLVED, that 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. That 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 more than twenty days but not more than forty-five days before the date for filing bids at 2:00 PM, on the 27t" day of March, 2007. Bids shall be opened and read by the City Clerk at said time and will be sub- mitted to the City Council for final action at the public hearing at 6:30 PM, on the 2nd day of April, 2007, in the Public Library Auditorium, 360 West 11t" Street, Dubuque, Iowa. Passed, adopted and approved this 5t" day of March, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Valentine Park Rest Room Project: City Manager recommending initiation of the Valen- tine Park Rest Room Project and that a public hearing be set for April 16, 2007. Motion by Cline to receive, file and adopt Resolution No. 132-07 Preliminary approval of plans and spe- cifications, form of contract, and estimated cost for the Valentine Park Rest Room Project; Resolution No. 133-07 Setting date of hearing on plans and specifications, form of contract, and estimated cost for the Valentine Park Rest Room Project for April 16, 2007, at a meeting to commence at 6:30 PM, in the public library auditorium and direct the City Clerk to publish notice in the manner prescribed by law; and Resolution No. 134-07 Ordering the adver- tisement for bids for the Valentine Park Rest Room Project. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 132-07 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE VALEN- TINE PARK REST ROOM PROJECT BE IT RESOLVED BY THE CITY 000N- CIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Valentine Park Rest Room Project, in the es- timated amount of $73,000, are hereby ap- proved and ordered filed in the office of the City Clerk, for public inspection. Passed, approved and adopted this 5t" day of March, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 133-07 FIXING DATE OF HEARING ON PLANS, AND SPECIFICATIONS, FORM OF CON- TRACT AND ESTIMATED COST FOR THE VALENTINE PARK REST ROOM PROJECT WHEREAS, the City Council of the City of Dubuque, Iowa has given its preliminary ap- proval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection of the Valentine Park Rest Room Project. 80 Regular Session, March 5, 2007 Book 137 NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, that on the 16t" day of April, 2007, a public hearing will be held at 6:30 PM, in the Public Library Auditorium, at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubu- que, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consideration. At the hear- ing, any interested person may appear and file objections to the proposed plans, specifica- tions, contract, or estimated cost of the im- provement. Passed, approved and adopted this 5t" day of March, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 134-07 ORDERING THE ADVERTISEMENT FOR BIDS FOR THE VALENTINE PARK REST ROOM PROJECT BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Valentine Park Rest Room Project is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that 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 as a part of the plans and specifica- tions heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than forty- five days prior to the receipt of said bids at 2:00 PM, on the 5t" day of April, 2007. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 6:30 PM, on the 16t" day of April, 2007. Passed, approved and adopted this 5t" day of March, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk BOARDS/COMMISSIONS Applicants were invited to address the Council regarding their desire to serve on the following Boards/Commissions: Zoning Board of Adjustment (One unexpired 5-year term through March 2012 -term of Gibbs) Appli- cant: William Gibbs. TV Cable Regulatory Commission (One expired three-year term through June 2009 -term of Ellis). Applicant: Charles Ellis Appointments to the following Boards/Commissions: Community Develop- ment Advisory Commission (One At-Large term -term of Giesen, one Housing Commis- sion Representative term -vacant and one Low/Moderate Income term all through Febru- ary 2010). Applicants: Michael Gukeisen, The- resa Caldwell. Motion by Michalski to re- appoint Michael Gukeisen and appoint There- sa Caldwell to three-year terms expiring Feb- ruary 15, 2010. Seconded by Braig. Motion carried 7-0. PUBLIC HEARINGS Upon motion the rules were suspended to allow anyone present to address the Council Loras College -Request to Vacate and Purchase: Proof of publication on notice of hearing to consider a request from Loras Col- lege to vacate and purchase the alleys be- tween Alta Vista Street and North Booth Street from Loras Boulevard to Vernon Street and City Manager recommending approval. Steve Schmall of Loras College spoke in support of the request. Motion by Cline to receive, file, and adopt Resolution No. 135-07 Approving plat of proposed vacated alleys between Alta Vista Street and North Booth Street from Loras Boulevard to Vernon Street; Resolution No. 136-07 Vacating the alleys between Alta Vista Street and North Booth Street from Loras Bou- levard to Vernon Street; and Resolution No. 137-07 Disposing of City interest in the alleys between Alta Vista Street and North Booth Street from Loras Boulevard to Vernon Street in the City of Dubuque, Dubuque County, Iowa. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 135-07 RESOLUTION APPROVING PLAT OF PRO- POSED VACATING OF THE ALLEYS BE- TWEEN ALTA VISTA STREET AND NORTH BOOTH STREET FROM LORAS BOULE- VARD TO VERNON STREET Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated the 5t" day of February, 2007, pre- pared by IIW Engineers & Surveyors, PC, de- scribing the proposed vacating of the alleys between Alta Vista Street and North Booth Street from Loras Boulevard to Vernon Street; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF Book 137 Regular Session, March 5, 2007 81 DUBUQUE, IOWA: Section 1. That the plat dated the 5t" day of February, 2007, prepared by IIW Engineers & Surveyors, PC, relative to the real estate he- reinabove described be and the same is here- by approved, and the Mayor and City Clerk are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk is hereby au- thorized and directed to file said plat and certi- fied copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 5t" day of March, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 136-07 RESOLUTION VACATING THE ALLEYS BETWEEN ALTA VISTA STREET AND NORTH BOOTH STREET FROM LORAS BOULEVARD TO VERNON STREET Whereas, Loras College has requested the vacating of the alleys between Alta Vista Street and North Booth Street from Loras Bou- levard to Vernon Street; and Whereas, IIW Engineers & Surveyors, PC has prepared and submitted to the City Coun- cil aplat showing the vacated portion of the alleys between Alta Vista Street and North Booth Street from Loras Boulevard to Vernon Street, and assigned a lot number thereto, which hereinafter shall be known and de- scribed as Lot 30A of Levens' Addition in the City of Dubuque, Dubuque County, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that the alleys between Alta Vista Street and North Booth Street from Loras Boulevard to Vernon Street is no longer required for public use, and vacat- ing of said alleys, known as Lot 30A of Levens' Addition in the City of Dubuque, Dubuque County, Iowa, should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lot 30A of Levens' Addition in the City of Dubuque, Dubuque County, Iowa, be and the same is hereby vacated. Section 2. That an ingress and egress easement be reserved to the benefit of the owner of 1984 Vernon Street over and across a portion of the westerly 29 feet as shown on the Plat of Survey of said Lot 30A. Passed, approved and adopted this 5t" day of March, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 137-07 DISPOSING OF CITY INTEREST IN THE ALLEYS BETWEEN ALTA VISTA STREET AND NORTH BOOTH STREET FROM LO- RAS BOULEVARD TO VERNON STREET IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, pursuant to resolution and pub- lished notice of time and place of hearing, pub- lished in the Telegraph Herald, a newspaper of general circulation published in the City of Du- buque, Iowa on this 23~d day of February 2007, the City Council of the City of Dubuque, Iowa met on the 5t" day of March, 2007, at 6:30 PM, in the Public Library Auditorium, 360 West 11 Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real es- tate described as: Lot 30A of Levens' Addition in the City of Dubuque, Dubuque County, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objec- tions, oral or written to the proposal to sell such real estate, except for easement as noted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the sale of City of Dubuque real property described as Lot 30A of Levens' Addition in the City of Dubuque, Dubuque County, Iowa, to Loras College and the same is hereby approved for the sum of $30,112.00, plus the cost of platting, publication, and filing fees. Conveyance shall be by Quit Claim Deed. Section 2. That an ingress and egress easement be reserved to the benefit of the owner of 1084 Vernon Street over and across a portion of the westerly 29 feet as shown on the Plat of Survey of said Lot 30A. Section 3. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk is hereby authorized and directed to deliver said deed of conveyance to Loras College upon receipt of the purchase price in full. Section 4. That the City Clerk is hereby au- thorized and directed to record a certified copy of this resolution in the offices of the City As- sessor, Dubuque County Recorder and Dubu- que County Auditor. Passed, approved and adopted this 5t" day of March, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Finley Home Addition -Request to Pur- chase: Proof of publication on notice of hear- ing to consider a request from Dennis Benda, representing The Finley Hospital, to purchase a portion of Lot 25 of Finley Home Addition and City Manager recommending approval. Dennis Benda of Finley Hospital informed 82 Regular Session, March 5, 2007 Book 137 Council that the plan is to widen the hospital's loading dock. Motion by Connors to receive, file, and adopt Resolution No. 138-07 Dispos- ing of City interest in Lot 1 of Finley Home Addition No. 2 in the City of Dubuque, Dubu- que County, Iowa. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 138-07 RESOLUTION DISPOSING OF CITY INTER- EST IN LOT 1 OF FINLEY HOME ADDITION NO. 2 IN THE CITY OF DUBUQUE, DUBU- QUE COUNTY, IOWA Whereas, pursuant to resolution and pub- lished notice of time and place of hearing, pub- lished in the Telegraph Herald, a newspaper of general circulation published in the City of Du- buque, Iowa on this 23~d day of February, 2007, the City Council of the City of Dubuque, Iowa met on the 5t" day of March, 2007, at 6:30 PM, in the Public Library Auditorium, 360 West 11 Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as: Lot 1 of Finley Home Addition No. 2 in the City of Dubuque, Dubu- que County, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objec- tions, oral or written to the proposal to sell such real estate, except for easement as noted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the sale of City of Dubuque real property described as Lot 1 of Finley Home Addition No. 2 in the City of Dubuque, Dubuque County, Iowa, to The Finley Hospital be made and the same is hereby approved for the sum of $19,790.00, plus the cost of plat- ting, publication, and filing fees. Conveyance shall be by Quit Claim Deed. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, television cable, and electric lines as may be authorized by the City of Dubuque, Iowa, over and across the entire Lot 1 of Finley Home Addition No. 2. Section 3. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk is hereby authorized and directed to deliver said deed of conveyance to The Finley Hospital upon receipt of the pur- chase price in full. Section 4. That the City Clerk is hereby au- thorized and directed to record a certified copy of this resolution in the offices of the City As- sessor, Dubuque County Recorder and Dubu- que County Auditor. Passed, approved and adopted this 5t" day of March, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Third Street Water Tower Lease Agree- ment: Proof of publication on notice of hearing to consider approval of a lease agreement with Iowa Communications and Technology Com- mission of the State of Iowa (ICN) for the ICN building beneath the Third Street water tower and City Manager recommending approval. Motion by Braig to receive, file, and adopt Resolution No. 139-07 Disposing of an interest in real property by lease agreement with the Iowa Communications and Technology Com- mission. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 139-07 DISPOSING OF AN INTEREST IN REAL PROPERTY BY LEASE AGREEMENT WITH IOWA COMMUNICATIONS AND TECHNOL- OGY COMMISSION WHEREAS, the City of Dubuque, Iowa (City) owns certain real property known as Lot 24 of Finley Addition (the Property); and WHEREAS, City and Iowa Communications and Technology Commission (ICN), have nego- tiated the Lease Agreement attached hereto for apart of the Property shown therein, specifically that part of Lot 24 of Finley Addition on which is located a 20 ft. x 20 ft. wooden frame construc- tion building; and WHEREAS, on March 5, 2007, the City Council pursuant to notice published as required by law held a public hearing on its intent to dis- pose of the foregoing interest in real property and overruled all objections thereto; and WHEREAS, the City Council believes it is in the public interest to approve the Lease Agree- ment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, approves the Lease Agreement between the City of Dubuque and Iowa Com- munications and Technology Commission. Section 2. The Mayor is hereby authorized and directed to sign this Resolution and the Lease Agreement on behalf of the City of Dubu- que. Passed, approved and adopted this 5t" day of March, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Residential Parking Permit District: Proof of publication on notice of hearing to consider a request to establish a Residential Parking Permit District on Phyllrich Drive between Keystone Drive and Keymont Drive. Steven Welu, 1841 Phyllrich, spoke in support of the Book 137 Regular Session, March 5, 2007 83 district. Adam Mennig, 3130 Ideal Lane, spoke in opposition of the district. Following Council discussion, motion by Connors that the re- quirement that a proposed Ordinance be con- sidered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Jones. Failed 5-2 with Michalski and Cline dissenting. Motion by Connors that this be considered the first reading of the Or- dinance amending the Code of Ordinances of the City of Dubuque, Iowa by adopting a new Section 32-401 providing for the designation of Phyllrich Drive between Keystone Drive and Keymont Drive as a residential parking Permit District. Seconded by Jones. Motion carried 5- 2with Michalski and Cline dissenting. Historic Old Main Street Lighting and Si- dewalk Replacement Project: Proof of publica- tion on notice of hearing to consider adoption of the plans and specifications, form of con- tract, and estimated cost for the Historic Old Main Street Lighting and Sidewalk Replace- ment Project and City Manager recommending approval. Motion by Michalski to receive, file, and adopt Resolution No. 140-07 Approval of plans and specifications, form of contract, and estimated cost for the Historic Old Main Street Lighting and Sidewalk Replacement Project; Resolution No. 141-07 With respect to the adoption of the Resolution of Necessity pro- posed for the Historic Old Main Street Lighting and Sidewalk Replacement Project; and Reso- lution No. 142-07 Adopting the preliminary schedule of assessments for the Historic Old Main Street Lighting and Sidewalk Replace- ment Project. Seconded by Braig. Motion car- ried 7-0. RESOLUTION NO. 140-07 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE HISTORIC OLD MAIN STREET -LIGHTING AND SIDEWALK RE- PLACEMENT 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 Historic Old Main Street -Lighting and Side- walk Replacement Project, in the estimated amount $598,367.52, are hereby approved. Passed, adopted and approved this 5t" day of March, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 141-07 RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NE- CESSITY PROPOSED FOR THE HISTORIC OLD MAIN STREET -LIGHTING AND SI- DEWALK REPLACEMENT PROJECT Whereas, the City Council has proposed a Resolution of Necessity for the Historic Old Main Street -Lighting and Sidewalk Replace- ment Project 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 pro- posed 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. Passed, adopted and approved this 5t" day of March, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 142-07 RESOLUTION ADOPTING THE PRELIMI- NARY APPROVAL OF THE PRELIMINARY SCHEDULE OF ASSESSMENTS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the attached sheet(s), Pages 1 to Page 2 inclusive, are hereby determined to be the Preliminary Schedule of Proposed As- sessments for the Historic Old Main Street - Lighting and Sidewalk Replacement Project and the valuations set out herein are hereby preliminary approved. Passed, approved and adopted this 5t" day of March, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Fifth Street Reconstruction -Alpine to Hill Streets Project: Proof of publication on notice of hearing to consider approval of the plans and specifications, form of contract, and esti- mated cost for the Fifth Street Reconstruction - Alpine to Hill Streets Project and City Man- ager recommending approval. Motion by Con- nors to receive, file, and adopt Resolution No. 143-07 Approval of plans and specifications, form of contract, and estimated cost for the Fifth Street Reconstruction -Alpine to Hill Streets Project; Resolution No. 144-07 With respect to the adoption of the Resolution of Necessity proposed for the Fifth Street Recon- 84 Regular Session, March 5, 2007 Book 137 struction -Alpine to Hill Streets Project; and Resolution No. 145-07 Adopting the prelimi- nary schedule of assessments for the Fifth Street Reconstruction -Alpine to Hill Streets Project. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 143-07 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE 5T" STREET RECON- STRUCTION PROJECT -ALPINE STREET TO HILL STREET 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 5t" Street Reconstruction Project -Alpine Street to Hill Street, in the estimated amount $1,200,126.56, are hereby approved. Passed, adopted and approved this 5t" day of March, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 144-07 RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NE- CESSITY PROPOSED FOR THE 5t" STREET RECONSTRUCTION PROJECT - ALPINE STREET TO HILL STREET Whereas, the City Council has proposed a Resolution of Necessity for the 5t" Street Re- construction Project -Alpine Street to Hill Street 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 pro- posed 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. Passed, adopted and approved this 5t" day of March, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 145-07 RESOLUTION ADOPTING THE PRELIMI- NARY SCHEDULE OF ASSESSMENTS FOR THE 5t" STREET RECONSTRUCTION PROJECT - ALPINE STREET TO HILL STREET NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the attached sheet(s), Pages 1 to Page 3 inclusive, are hereby determined to be the Preliminary Schedule of Proposed As- sessments for the 5t" Street Reconstruction Project -Alpine Street to Hill Street and the valuations set out herein are hereby approved. Passed, approved and adopted this 5t" day of March, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 5th STREET RECONSTRUCTION PROJECT (ALPINE TO HILL) PRELIMINARY SCHE- DULE OF VALUATION AND PROPOSED ASSESSMENTS PROPERTY OWNER NAME, LOT DESCRIP- TION, PARCEL NUMBER, TOTAL NET AS- SESSMENT Apgar, Griffith D. & Kimberly S., Lot 29 Deming &Horrs Sub, 10-25-176-018, $778.21 B & W Properties LC, Lot 36 Wilsons Sub, 10-25-109-057, $38.85 Bartolotta, Andrew M., Lot 6 Deming & Horrs Sub, 10-25-176-003, $5,173.06 Berry, Louis C. & Diane S., Lot 1 of E 182.4' of Lot 3 of Proctors Sub, 10-25-109- 061, $687.29 Burrows, Michelle & Donald J., Lot 9 P Langs Sub, 10-25-153-009, $4,919.83 Burrows, Michelle & Donald J., Lot 9A P Langs Sub, 10-25-153-009, $67.37 Coakley, Patricia & Melissa S., Lot 1-2-7 Mineral Lot 79, 10-25-109-040, $226.89 Coakley, Patricia & Melissa S., Lot 2-1-1-3- 7 Mineral Lot 79, 10-25-109-040, $65.30 Coakley, Patricia & Melissa S., Lot 2-1-3-7 Mineral Lot 79, 10-25-109-040, $43.81 Cullen, Michelle A., Lot 1-1-7 Mineral Lot 79, 10-25-109-065, $5,926.80 Cullen, Michelle A., Lot 2-1-1-1-3-7 Mineral Lot 79, 10-25-109-065, $555.45 Dmt Investments Inc., Lot 1-2 Mineral Lot 78, 10-25-132-017, $3,463.66 Dmt Investments Inc., Lot 1 Mineral Lot 78, 10-25-132-018, $1, 361.52 Dolter, John J. & Jane E., W 1/2 Lot 1 S 98' Lot 41 Wilsons Sub, 10-25-109-066, $2,817.97 Dubuque County, W. 3.83' Lot 3 Proctors Sub, 10-25-109-060, $6.20 Dubuque Property Management LLC, Lot 1-2-1-1-16 Mineral Lot 79, 10-25-108-018, $4, 045.34 Dubuque Property Management LLC, Lot 2-1-15 Mineral Lot 79, 10-25-108-018, $253.34 Duehr, Robert J., Lot 21 Deming &Horrs Sub, 10-25-176-014, $102.91 Dueutmeyer, Dirk D. & Rhonda S., Lot 15 Wilsons Sub, 10-25-132-015, $904.68 Edminster, Mark S. & Jennifer C., Lot 22 Deming &Horrs Sub, 10-25-176-013, $190.94 Book 137 Regular Session, March 5, 2007 85 Gilson, Robert N., Jr. & Szabo, Maria, Lot 2-3-7 Mineral Lot 79, 10-25-109-064, $1,815.63 Gross, Gavin J. & Shannon R., Lot 21 Wil- sons Sub, 10-25-131-010, $290.12 Hackbarth, Waylen D., Lot 9 Deming & Horrs Sub, 10-25-154-003, $3,452.60 Heartland Housing Initiative, Lot 8 Deming & Horrs Sub, 10-25-176-001, $3,452.60 Henry, Brenda R., Lot 19 Wilsons Sub, 10- 25-131-013, $3,298.59 Henry, Ralph F. Sr., Lot 16 Wilsons Sub, 10-25-132-016, $2,713.03 Henry, Ralph F. Sr., Lot 2-2 Mineral Lot 78, 10-25-132-016, $836.48 Herber, John A. & Valerie L., Lot 4 Deming & Horrs Sub, 10-25-176-005, $5,161.67 Hiatt, Rachel, Lot 1-2-1-1 Sub. 9, 10 & 11 Mineral Lot 79, 10-25-108-022, $2,811.01 Horkheimer, Paul D. & John J., Lot 1-38 Wilsons Sub, 10-25-109-059, $318.64 Jackson, Louis E. & Nancy, Lot 1-17 Min- eral Lot 79, 10-25-108-016, $4,012.32 Jensen, Thomas & Kimberly, Lot 27 Dem- ing &Horrs Sub, 10-25-176-020, $250.45 Joos, Craig, Lot 2 of E 182.4' of Lot 3 of Proctors Sub, 10-25-109-062, $251.28 Dubuque Property Management LLC, Lot 2 - 10 Deming & Horrs Sub, 10-25-154-001, $8, 795.00 Dubuque Property Management LLC, Lot 1 - 10 Deming & Horrs Sub, 10-25-154-002, $1,182.40 Kamentz, Shirley A. & Winkler, William D., Lot 1-1-1-1-3-7 Mineral Lot 79, 10-25-109-041, $518.26 Kamentz, Shirley A. & Winkler, William D., Lot 2-1-7 Mineral Lot 79, 10-25-109-041, $307.90 Kamentz, Shirley A. & Winkler, William D., Lot 2-2-7 Mineral Lot 79, 10-25-109-041, $38.44 Kean, Nicholas C. & Ann M., Lot 7 Deming & Horrs Sub, 10-25-176-002, $5,157.88 Kirpes, Robert C. & Alice J., Lot 13 Deming & Horrs Sub, 10-25-154-006, $170.27 Kirpes, Robert C. & Alice J., N 0' of Lot 14 Deming &Horrs Sub, 10-25-154-006, $26.04 Kluesner, Stephen D., Lot 5 Deming & Horrs Sub, 10-25-176-004, $8,287.33 Knefel, Don & Mary, S 40' Lot 24 Wilsons Sub, 10-25-131-007, $8.68 Koppes, Dennis J. & Brenda A., E 1/2 Lot 1 S 98' Lot 41 Wilsons Sub, 10-25-109-067, $2, 797.35 Laird, Wayne L., Lot 37 Wilsons Sub, 10- 25-109-058, $184.32 Adolf, Stony L. & Nikki C., Lot 2 Sub 1 & 2 and 2-6-7 Mineral Lot 79, 10-25-108-024, $2, 399.64 Adolf, Stony L. & Nikki C., Lot A Sub Min- eral Lot 79, 10-25-108-024, $712.91 Lynch, Gina L., Lot 12 Martins Dub, 10-25- 108-002, $1,123.71 Manemann, Michael J., S 40' Lot 22 Wil- sons Sub, 10-25-131-009, $151.67 Maro, Gerald F., Lot 1 Deming &Horrs Sub, 10-25-176-008, $5,981.57 Mittvalsky, Edward Charles III & Christine, Lot 2-17 Wilsons Sub, 10-25-131-012, $310.38 Mittvalsky, Edward Charles III & Christine, Lot 2-18 Wilsons Sub, 10-25-131-012, $92.22 Mittvalsky, Edward Charles III & Christine, Lot 1-17 Wilsons Sub, 10-25-131-014, $3, 065.88 Mittvalsky, Edward Charles III & Christine, Lot 1-18 Wilsons Sub, 10-25-131-014, $1, 736.20 Mootz, Wayne A. & Michael G., Lot 23 Wil- sons Sub, 10-25-131-008, $115.31 Mootz, Wayne A. & Michael G., N 10' Lot 22 Wilsons Sub, 10-25-131-008, $33.48 Morley, Robert E. & Cathy L., Lot 13 Wil- sons Sub, 10-25-132-013, $182.67 Mulgrew, Joseph G., S 44' Lot 11 Wilsons Sub, 10-25-132-011, $27.69 Mulgrew, Joseph G., N 18' Lot 12 Wilsons Sub, 10-25-132-011, $37.61 Murphy, Elizabeth Living Trust, Lot 1-1-1 Sub. 9, 10 & 11 Mineral Lot 79, 10-25-108- 023, $3,866.60 Nauman, Gary, S 32' Lot 12 Wilsons Sub, 10-25-132-012, $96.29 O'Connor, Dennis A. &Jerelyn N., Lot 8 P Langs Sub, 10-25-153-008, $3,261.23 O'Connor, Dennis A. &Jerelyn N., Lot 8A P Langs Sub, 10-25-153-008, $67.37 Ortiz, Bryan D. & Kristine K., Lot 2-2-1-1 Sub. 9, 10 & 11 Mineral Lot 79, 10-25-108- 021, $4,160.69 Peterson, Sue E., Lot 3 Arnolds Sub, 10- 25-108-015, $4,880.56 Queck Capital Management LLC, Lot 1-1- 1-16 Mineral Lot 79, 10-25-108-017, $2,574.98 Reisen, Bryan & Amy, Lot 2 Arnolds Sub, 10-25-108-014, $4,873.84 Ridings, Karen G., Lot 11 Deming &Horrs Sub, 10-25-154-004, $598.85 Runkle, Dan W. & Debra R., S 41' of Lot 14 Deming & Horrs Sub, 10-25-154-007, $69.84 Sabers, Edwin A. & Rosemary, Lot 14 Mineral Lot 79, 10-25-108-019, $3,744.54 Sabers, Edwin A. & Rosemary, Lot 1-1-15 Mineral Lot 79, 10-25-108-019, $655.47 Sabers, Edwin A. & Rosemary, Lot 1-13 Mineral Lot 79, 10-25-108-019, $512.06 Sabers, Edwin A. & Rosemary, Lot 2-2-1- 1-16 Mineral Lot 79, 10-25-108-019, $97.95 Schadle, Kevin & Nancy, W 1/2 Lot 7 P Langs Add, 10-25-153-006, $5,010.88 Schadle, Kevin & Nancy, W 50' Lot 7A P Langs Add, 10-25-153-006, $67.37 Schiltz, Alfred J. & Carol L., Lot 14 Wilsons Sub, 10-25-132-014, $302.94 Schneider, Donald J. & Katherine M., Lot 2 86 Regular Session, March 5, 2007 Book 137 Deming & Horrs Sub, 10-25-176-007, $3,452.60 Seven Hills Development Inc., Lot 2 Proc- tors Sub, 10-25-109-069, $2,678.31 Sitzmann, Thomas G. & David A., Lot 11 P Langs Sub, 10-25-153-011, $4,192.79 Sitzmann, Thomas G. & David A., Lot 11A P Langs Sub, 10-25-153-011, $88.44 Smith, Craig M. & Amy N., Lot 12 Deming & Horrs Sub, 10-25-154-005, $299.22 Smith, Judith A., Lot 23 Deming &Horrs Sub, 10-25-176-012, $357.90 Smith, Timothy P. & Amy, Lot 2 S 98' Lot 41 Wilsons Sub, 10-25-109-068, $5,595.84 Smith, Timothy P. & Amy, Lot 3 Deming & Horrs Sub, 10-25-176-006, $4,900.77 Smith, Timothy T., Private Alley 10' x 24' of Proctors Sub, 10-25-109-063, $396.75 Steil, Martin E. & Shantel M., Lot 2 Sub. 9, 10 & 11 Mineral Lot 79, 10-25-108-020, $5, 097.74 Steines, Robert M. & Donna L., Lot 10 P Langs Sub, 10-25-153-010, $4,922.97 Steines, Robert M. & Donna L., Lot 10A P Langs Sub, 10-25-153-010, $67.37 Steinhauser, Cynthia M. & Robert J., S 1/2 Lot 2-1-5 P Langs Add, 10-25-153-002, $571.16 Takes, Dawn R., Lot 20 Wilsons Sub, 10- 25-131-011, $538.51 Teply, David C. & Lynn R., Lot 28 Deming & Horrs Sub, 10-25-176-019, $384.35 Swenson, James L. & smith, Kristin L., Lot 2-4 Mineral Lot 73, 10-25-176-021, $142.58 Tuthill, Jason M. & Michelle M., Lot 2-1-1-5 P Langs Sub, 10-25-153-004, $66.54 Tuthill, Jason M. & Michelle M., Lot 2 N 1/2 2-1-5 P Langs Sub, 10-25-153-004, $12.40 Tuthill, Jason M. & Michelle M., W 1/2-N Lot 6 P Langs Sub, 10-25-153-004, $4,467.51 Vize, Richard J. & Glenda S., Lot 1-24 Deming &Horrs Sub, 10-25-176-009, $477.75 Vize, Richard J. & Glenda S., Lot 2-24 Deming &Horrs Sub, 10-25-176-010, $182.26 Vize, Richard J. & Glenda S., Lot 3-24 Deming &Horrs Sub, 10-25-176-011, $102.49 Wahlert, Mark D., Lot 1-1-1-5 P Langs Sub., 10-25-153-001, $6,663.11 Wahlert, Mark D., Lot 1 of N 1/2 of 2-1-5 P Langs Sub., 10-25-153-001, $980.72 Walters, Melinda J., Lot 1 Proctors Sub, 10-25-109-070, $3,238.71 Welch, John T. & Kim M., Lot 13 Martins Dub, 10-25-108-003, $147.54 Whalen, Michael J. & Karen A., E 1/2 - n 1/2 Lot 6 P Langs Sub, 10-25-153-005, $6,163.55 Bank Of New York Trtee For The C/O Countrywide Home Loans, E 1/2 Lot 7 P Langs Add, 10-25-153-007, $5,044.05 Bank Of New York Trtee For The C/O Countrywide Home Loans, E 50' Lot 7A P Langs Add, 10-25-153-007, $67.37 US 20 (Devon Drive to Menards) Capacity Improvements Project -Phase II: Proof of publication on notice of hearing to consider the US 20 (Devon Drive to Menards) Capacity Improvements Project -Phase II and City Manager recommending rejection of all bids received. Motion by Connors to receive, file, and adopt Resolution No. 146-07 Rejecting bids for the US 20 (Devon Drive to Menards) Capacity Improvements Project -Phase II, Traffic Signal and Intelligent Transportation System Improvements (Iowa DOT Project No. STP-A-020-9(187)-22-31). Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 146-07 REJECTING BIDS FOR THE US 20 (DEVON DRIVE TO MENARDS) CAPACITY IMPRO- VEMENTS PROJECT -PHASE II, TRAFFIC SIGNAL AND INTELLIGENT TRANSPOR- TATION SYSTEM IMPROVEMENTS (IOWA DOT PROJECT NO. STP-A-020-9(187)--22- 31) Whereas, sealed proposals have been submitted by contractors for the US 20 (Devon Drive to Menards) Capacity Improvements Project -Phase II, Traffic Signal and Intelligent Transportation System Improvements (Iowa DOT Project No. STP-A-020-9(187)--22-31) (the Project) pursuant to Resolution No. 32-07 and notice to bidders published in the City of Dubuque, Iowa, on the 26t" day of January, 2007. Whereas, sealed proposals were opened and read on the 20t" day of February, 2007, by the Iowa Department of Transportation; and Whereas, the City Council has deemed it advisable to reject all bids and re-bid the Project at a later date. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the bids for the above Project be rejected. Passed, adopted and approved this 5t" day of March, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Greg Adams/Stewart Construction, Inc. - Reconsideration: Proof of publication on notice of hearing to reconsider the reclassifying of property located at the southwest corner of Seippel Road and Old Highway Road (Lot 1 of 2 Mason Cate Estates) from LI Light Industrial District to HI Heavy Industrial District, as re- quested by Wayne Briggs/Stewart Construc- tion, Inc., and Zoning Advisory Commission recommending approval, with conditions. At- torney for the developers, Brian Kane, re- quested a change in the Memorandum of Agreement that the 20 ft. height restriction be changed to 35 ft. to accommodate proposed Book 137 Regular Session, March 5, 2007 87 tenants Alter Scrap and BFI. Motion by Cline to receive and file proposed Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying property located at the southwest corner of Seippel Road and Old Highway Road (Lot 1 of 2 Mason Cate Estates) from LI Light Industrial District to HI Heavy Industrial Dis- trict, with conditions, and recess public hearing to March 19, 2007, at a meeting to commence at 6:30 PM. in the public library auditorium. Seconded by Connors. Motion carried 7-0. REINSTATE THE RULES Upon motion the rules were reinstated li- miting discussion to the Council. ACTION ITEMS National Scenic Byways Grant Agree- ments: City Manager recommending approval of an agreement with the Iowa Department of Transportation for a $5,000,000 National Scenic Byways grant for the design and con- struction of the Great Rivers Center and Rivers to the Sea Exhibit, a subgrantee agreement with the Dubuque County Historical Society to provide the local match for the grant, and an escrow agreement with the Historical Society for the local match. Dubuque County Historical Society President Jeff Bertsch spoke in sup- port of the agreement. Motion by Connors to Receive, file, and adopt Resolution No. 147-07 Authorizing an agreement with the Iowa De- partment of Transportation and a Subgrantee Agreement and Escrow Agreement with the Dubuque County Historical Society fora Na- tional Scenic Byways Grant for the Great Riv- ers Center and Rivers to the Sea Exhibit. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 147-07 RESOLUTION AUTHORIZING AN AGREE- MENT WITH THE IOWA DEPARTMENT OF NATURAL RESOURCES AND A SUB- GRANTEE AGREEMENT AND ESCROW AGREEMENTS WITH THE DUBUQUE COUNTY HISTORICAL SOCIETY FOR A NATIONAL SCENIC BYWAYS GRANT FOR THE GREAT RIVERS CENTER AND RIVERS TO THE SEA EXHIBIT Whereas, the Iowa Department of Trans- portation administers a National Scenic By- ways Grant Program; and Whereas, the Iowa Department of Trans- portation has awarded the City of Dubuque a grant of $5,000,000.00 from the National Scenic Byways Program for the design and construction of the Great Rivers Center and Rivers to the Sea Exhibit; and Whereas, the City of Dubuque is the spon- sor for the Dubuque County Historical Society for this project; and Whereas, the Dubuque County Historical Society has committed to providing the re- quired local match for the project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Agreement No. 06-NSB- 103 with the Iowa Department of Transporta- tion for the National Scenic Byways Grant (Project No. EDP-2100(638)--7Y-31) to fund the design and construction of the Great Riv- ers Center and Rivers to the Sea Exhibit is hereby approved and the Mayor hereby is au- thorized to sign said agreement on behalf of the City. Section 2. That the Subgrantee Agreement with the Dubuque County Historical Society to provide the required local match for the Na- tional Scenic Byways Grant (Project No. EDP- 2100(638)--7Y-31) to fund the design and con- struction of the Great Rivers Center and Rivers to the Sea Exhibit is hereby approved and the City Manager hereby is authorized to sign said agreement on behalf of the City. Section 3. That the Escrow Agreements with the Dubuque County Historical Society to provide the required escrow for the National Scenic Byways Grant (Project No. EDP- 2100(638)--7Y-31)fnr design and construction of the Great Rivers Center and Rivers to the Sea Exhibit is hereby approved and the City Manager hereby is authorized to sign said agreements on behalf of the City. Passed, approved and adopted this 5t" day of March, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Transportation Clerk Position: City Manag- er recommending approval of the abolishment of the Transportation Clerk position in the Transit Department. Motion by Cline to re- ceive, file, and adopt Resolution No. 148-07 Abolishing the Transportation Clerk position. Seconded by Connors. Motion carried 6-1 with Michalski dissenting. RESOLUTION NO. 148-07 ABOLISHING THE TRANSPORTATION CLERK POSITION Whereas, Connie Booth the KeyLine Transportation Clerk retired on December 30, 2006; and Whereas, the City Council has approved a contract amendment with First Transit to per- form the job responsibilities of the Transporta- tion Clerk; and Whereas, the City Council has determined it is in the public interest to abolish the Trans- portation Clerk position. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 88 Regular Session, March 5, 2007 Book 137 DUBUQUE, IOWA: At 8:46 PM Council reconvened regular Section 1. That the position of Transporta- session stating staff had been given proper tion Clerk is hereby abolished. direction. Passed, approved, and adopted this 5t" day of March, 2007. The being no further business, upon mo- Roy D. Buol, Mayor tion Council adjourned at 8:47 PM. Attest: Jeanne F. Schneider, CMC, City Clerk /s/ Jeanne F. Schneider, CMC Future Land Use Planning for Environs: City Clerk City Manager recommending that the City Council continue on the current path of planned and managed growth and not support a two-mile agricultural buffer around the Air- port. Communication from the Long Range Planning Advisory Commission recommending that the City Council open communication with the Dubuque County Board of Supervisors regarding land uses and zoning which sur- round the Airport. Following Council discus- sion, motion by Cline to receive and file. Seconded by Connors with inclusion of an additional memo from Chamber of Commerce. Motion carried 7-0. Installation of Sidewalks on John F. Ken- nedy Road: Communication from Beverly McCarthy, 3038 Huntington Drive, regarding the lack of sidewalks on John F. Kennedy Road. Following Council discussion, motion by Jones to receive, file, and ask staff to develop a proposal for consideration. Seconded by Connors. Motion carried 7-0. Welcome to Dubuque Signs: City Manager requesting City Council direction on proposed verbiage for two new Welcome to Dubuque Signs. Council directed staff to incorporate the words "Masterpiece on the Mississippi," use the same design and locations as indicated. Motion by Cline to receive and file. Seconded by Michalski. Motion carried 7-0. PUBLIC INPUT Greater Dubuque Development Executive Director Rick Dickinson spoke in support of not creating atwo-mile agricultural buffer around the Airport. CLOSED SESSION At 8:38 PM upon motion Council adjourned into Closed Session regarding Pending Litiga- tion and Property Acquisition - Chapter 21.5(1) (c) (j) 2005 Code of Iowa. Book 137 Special Session, March 7, 2007 89 CITY OF DUBUQUE, IOWA CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, March 7, 2007 Council met in Special Session at 6:30 P. M. in the Library Auditorium Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michals- ki, City Manager Van Milligen ble benefit of having two Medical Officers working together as a team versus the pro- posed possibility of having rotating partners. Jones moved to modify the proposed im- provement package to change six Medical Officer positions to two Captain and six Lieu- tenant positions, through attrition, and the re- maining six positions be retained as Medical Officers. Seconded by Braig. Motion carried by the following vote: Ayes -Braig, Buol, Jones, Michalski; Nay -Cline, Connors, Lynch. Michalski expressed concern regarding the delay in construction of an elevator at Fire Headquarters and urged that this not be pushed out any further. Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of discussing various City depart- mental . The budgets for the following City Depart- ments were discussed: Emergency Communi- cations Center, Emergency Management Of- fice, Fire Department, Police Department, and Building Services Department. Emergency Communications Center - Council questioned whether the current staff- ing level was adequate and Emergency Com- munications Center Manager Mark Murphy stated that this was something he was looking at. Jones requested that owner information for dog, cat and bike licenses be accessible at the Center when City Hall is closed. Emergency Management -Jones com- mented that names of the four available Emer- gency Operation Centers (EOC's) need to be explicit to avoid confusion. Michalski stated that citizens need to be informed on what to do in emergency situations. Emergency Man- agement Director Tom Berger replied that they are working on getting this information out to the public. Fire Department - Jones questioned whether the Fire Marshall was going to be trained as a law enforcement officer. Fire Chief stated they are looking at other options at this time such as training with the Police Depart- ment. David Beaves, President of the Dubu- que Professional Firefighters' Association, addressed the Council regarding the proposed changes to the rank structure on the two front line medical units. He stated the Association was in support of the change with regard to creating two Captain and four Lieutenant posi- tions; however, they were opposed to the pro- posal of replacing the remaining Medical Offic- er positions with Firefighter/ Paramedic posi- tions, through attrition. He stated the main concern was that the quality of care would be compromised. Another concern was the tangi- Police Department - Braig questioned what the make-up of the department was at this time. Police Chief Kim Wadding replied that currently there were two minorities and twelve to fourteen females, with the remainder Caucasian males. Building Services Department -Michalski expressed appreciation for the proposed in- stallation of security cameras at the City Hall Annex. Katrina Wilberding, Human Rights Commissioner and chair of the Commission's ADA subcommittee, spoke in support of the additional part-time Building Inspector position to assist with American with Disabilities Act (ADA) inspections. There being no further business, upon mo- tion meeting adjourned at 8:46 p.m. /s/ Jeanne F. Schneider, CMC City Clerk 90 Special Session, March 8, 2007 Book 137 CITY OF DUBUQUE, IOWA lent administration of the Section 8 program. GOVERNING BOARD OF THE There being no further business, upon mo- MUNICIPAL HOUSING AGENCY tion meeting adjourned at 6:18 P. M. OFFICIAL PROCEEDINGS /s/ Jeanne F. Schneider, CMC City Clerk Governing Board of the Municipal Housing Agency, March 8, 2007 Board met at 6:15 P. M. in the Public Li- brary Auditorium Present: Chairperson Buol, Members Cline, Jones, Lynch, Michalski, Plein Absent: Braig, Connors Chairperson Buol read the call and stated this is a session of the Governing Board of the Municipal Housing Agency called for the pur- pose of discussing the FY 2008 Operating Budget for the Assisted Housing Programs of the Housing and Community Development Department. Plein moved adoption of Resolution No. 149-07. Seconded by Jones. Motion carried 6-0. RESOLUTION NO. 149-07 APPROVING THE FISCAL YEAR 2008 OP- ERATING BUDGET FOR THE ASSISTED HOUSING PROGRAMS OF THE HOUSING AND COMMUNITY DEVELOPMENT DE- PARTM ENT Whereas, the US Department of Housing and Urban Development (HUD) has required that a governing board be constituted for pur- poses of approving certain actions of the mu- nicipal housing agency; and Whereas, the City Council has duly consti- tuted the governing board of the municipal housing agency of the City of Dubuque by passage of Ordinance No. 5-02; and Whereas, passage of the operating budget for the Assisted Housing Programs of the Housing and Community Development De- partment is an action required of the governing board; and Whereas, the governing board has deter- mined that approval of the operating budget is in the best interests of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The operating budget for the Assisted Housing Programs of the Housing and Com- munity Development Department for Fiscal Year 2008 is hereby approved. Passed, approved and adopted this 8t" day of March 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Michalski commended staff for the excel- Book 137 Special Session, March 8, 2007 91 CITY OF DUBUQUE, IOWA CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, March 8, 2007 Council Met in Special Session at 6:30 P. M. in the Library Auditorium comments; Building Services Department - no comments; Capital Improvement Program - Dan Ernst, 899 Mt. Carmel and representing the Friends of the Mines of Spain, expressed appreciation to the Council for support of the Mines of Spain expansion project and gave a brief update of the fundraising campaign. Upon motion the rules were reinstated limit- ing discussion to the Council. Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michals- ki, City Manager Van Milligen, City Attorney Lindahl. Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting a public hearing on the Fiscal Year 2008 budget and capital im- provement program. Proofs of publication on Notice of Public Hearing on Budget Estimate for Fiscal Year 2008 and Notice of Public Hearing on Five Year Capital Improvement Program beginning July 1, 2007 through the fiscal year ending June 30, 2012 and City Manager's revised Fiscal Year 2008 Budget recommendations, upon motion received and filed. Upon motion the rules were suspended to allow anyone present to address the Council if they so desire. Public input and discussion on depart- ments in the following order: Human Rights Department - no com- ments; Finance Department - no comments; Legal Department- no comments; City Man- ager's Office - no comments; City Council - no comments; City Clerk's Office - no comments; Water Department - no comments; Water Pol- lution Control Plant - no comments; Public Works Department - no comments; Engineer- ing Department - no comments; Civic Center Division - no comments; Conference Center - no comments; Recreation Division - no com- ments; Park Division - no comments; Informa- tion Services Department - no comments; Cable TV Division - no comments; Economic Development Department - no comments; Parking Division - no comments; Transit Divi- sion - no comments; Library Department - no comments; Housing and Community Devel- opment Department - no comments; Airport Department - no comments; Health Services Department - no comments; Planning Servic- es Department - no comments; Purchase of Services - no comments; Emergency Com- munications - no comments; Emergency Management - no comments; Fire Department - no comments; Police Department - no Michalski moved adoption of Resolution No. 150-07 Adopting Annual Budget for the Fiscal Year ending June 30, 2008, Resolution No. 151-07 Adopting Five Year Capital Improve- ment Program Budget for Fiscal Years 2008- 2012, and Resolution No. 152-07 Adopting the Program Year 2007 (Fiscal Year 2008) Com- munity Development Block Grant (CDBG) An- nual Plan. Seconded by Braig. Motion carried 5-2, with Cline and Lynch voting nay. RESOLUTION NO. 150-07 ADOPTING THE CITY OF DUBUQUE FIS- CAL YEAR 2008 ANNUAL BUDGET NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the annual budget for the fiscal year ending June 30, 2008, as set forth in the Adoption of Budget and Certification of Taxes and supporting state budget forms showing the revenue estimates and appropria- tion expenditures and allocations to programs and activities for said fiscal year, as amended, is adopted. Section 2._The City Clerk is directed to make the filings required by law. Passed, approved and adopted this 8t" day of March, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 151-07 ADOPTING THE CITY OF DUBUQUE FIVE YEAR CAPITAL IMPROVEMENT PROGRAM WHEREAS, a recommended five year Capital Improvement Program for the period beginning July 1, 2007, and ending June 30, 2012, for the City of Dubuque has been pre- pared and submitted to the City Council; and WHEREAS, the five year Capital Improve- ment Program describes specific capital im- provement projects, provides estimated costs for those projects, proposes sources of funds for each of them, and schedules the year dur- ing which each project will be undertaken; and WHEREAS, the capital improvement projects for the first year are included in the Fiscal Year 2008 budget for the City of Dubu- que; and WHEREAS, the five year Capital Improve- ment Program will be reconsidered annually by 92 Special Session, March 8, 2007 Book 137 the City Council and appropriately revised; and WHEREAS, the adoption of the five year Capital Improvement Program is a prudent measure to provide continuity of programs and is in the best interest of the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the five year Capital Im- provement Program for the period beginning July 1, 2007, set out in the Fiscal Year 2008- 2012 Recommended Capital Improvement Budget, is hereby approved and adopted as amended as the proposed allocation of City resources for capital improvements as sche- duled in the years shown, subject to annual review and revision. Passed, approved and adopted this 8t" day of March, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 152-07 ADOPTING THE FISCAL YEAR 2008 (PRO- GRAM YEAR 2007) COMMUNITY DEVEL- OPMENT BLOCK GRANT (CDBG) ANNUAL PLAN Whereas, the City of Dubuque has, through a series of public meetings and hear- ings, finalized a Fiscal Year 2008 (Program Year 2007) Community Development Block Grant Annual Action Plan addressing both housing and non-housing needs in the com- munity; and Whereas, copies of the draft Fiscal Year 2008 (Program Year 2007) CDBG Annual Plan have been available for public comment 30 days prior to City Council action; and Whereas, the City's Community Develop- ment Advisory Commission has reviewed and recommended adoption of the Annual Plan; and Whereas, the City Council has held a pub- lic hearing on the proposed plan on February 27, 2007 and approved the FY 2008 Annual Plan as amended. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Community Develop- ment Block Grant Annual Action Plan, at- tached hereto as Exhibit A and by this refer- ence made a part hereof, is hereby adopted. Section 2. 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 2008 (Program Year 2007) Annual Action Plan for the use of Community Development Block Grant funds based on this adopted budget. Passed, approved and adopted this 8t" day of March 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline stated that there were five issues in the budget which concerned her. They were: (1) not providing additional funding for the Historic Preservation Grant Program, (2) Fire Depart- ment staffing -she did not feel there were enough facts to make an informed decision, (3) not being able to provide some funding for the Maria House / Teresa Shelter, (4) custodial help for the Transit Division not being recom- mended, and (5) part-time clerical help at the Police Department not being recommended for funding. Lynch expressed concern that the City Council did not support the City Manag- er's recommendation with regard to Fire De- partment staffing. Ordinance No. 7-07 Amending the Code of Ordinances of the City of Dubuque, Iowa, Sec- tions 44-201(a) Fixing water rates for residen- tial, commercial, industrial, and all other uses; Ordinance No. 8-07 Amending the City of Du- buque Code of Ordinances Section 44-202 Fixing water rates for fire sprinkler service; Ordinance 9-07 Amending the City of Dubuque Code of Ordinances Sections 44-83(a)(2) and 44-83(a)(3)g Establishing basic sewer rates for residential and commercial users by increasing the rates; Ordinance 10-07 Amending the City of Dubuque Code of Ordinances Section 40-37 paragraphs (a), (b), and (c) establishing charges for the collection and disposal of solid waste materials; and Ordinance 11-07 Amend- ing the City of Dubuque Code of Ordinances Section 32-773 Removal and impoundment by providing for the removal and impoundment of any vehicle with five (5) or more unpaid park- ing violations or three (3) unpaid violations where the most recent violation is more than thirty (30) days past due, presented and read. Michalski moved that the requirement that the proposed Ordinances be considered and voted on for passage at two Council Meetings prior to the meeting at which they are to be finally passed be suspended. Seconded by Jones. Motion carried 7-0. Michalski moved final con- sideration and passage of the Ordinances. Seconded by Braig. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 7-07 AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES SECTION 44-201(a) FIX- ING WATER RATES FOR RESIDENTIAL, COMMERCIAL, INDUSTRIAL, AND ALL OTHER USES NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 44-201(a) of the City of Dubuque Code of Ordinances is hereby Book 137 Special Session, March 8, 2007 93 amended to read as follows: Section 44-201. Residential, Commercial, Industrial and All Other Uses. (a) The rates to be charged for water for residential, commercial, in- dustrial and all other uses and purposes by any person, firm or corporation within the City shall be based on units of one- hundred cubic feet (748 gallons) as follows: Monthly Charae Consumption der (in Hundreds Hundred of Cubic Cubic Feetl Feet First 30 $1.89 OFFICIAL PUBLICATION ORDINANCE NO. 8-07 AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES SECTION 44-202 FIXING WATER RATES FOR FIRE SPRINKLER SERVICE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 44-202 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: Section 44-202. Fire Sprinkler Service. (a) Customers who have fire sprinkler service shall be billed for this service on monthly ba- sis. The monthly charge shall be as follows: Next 120 $1.54 Next 350 $1.43 Next 500 $1.27 Next 1,000 $1.11 Rates shall be subject to the following min- imum monthly charge according to the size of the meter: Meter Monthly Con- Minimum Size sumption In Charae Inches Hundreds of Cubic Feet) 5/8 2 $ 3.78 3/4 5 $ 9.45 1 8 $ 15.12 1'/2 26 $ 49.14 2 46 $ 81.34 3 106 $ 173.74 4 168 $ 267.24 6 368 $ 553.24 8 625 $ 900.75 A $5.00 minimum monthly charge will be assessed for meters not in service. Section 2. This Ordinance shall take effect July 1, 2007. Passed, approved and adopted this 8t" day of March, 2007. /s/Roy D. Buol, Mayor Attest: /s/Jeanne Schneider, CMC, City Clerk Published officially in the Telegraph Herald Newspaper the 14t" day of March, 2007. /s/Jeanne F. Schneider, CMC, City Clerk NUMBER OF MONTHLY HEADS CURRENT CHARGES Up to 200 (minimum monthly charge) $11.30 200 - 300 $13.57 300 - 400 $15.82 400 - 600 $18.07 600 - 800 $20.33 800 - 1,000 $22.61 1, 000 - 1,200 $24.86 1,200 - 1,400 $27.10 1,400 - 1,600 $29.38 1,600 - 1, 800 $31.64 1, 800 - 2, 000 $33.88 2,000 - 2,200 $36.15 2,200 - 2,400 $38.39 2,400 - 2,600 $40.67 2,600 - 2,800 $42.93 2, 800 - 3, 000 $45.24 3, 000 - 3, 500 $47.44 Over 3,500 (for each ad ditional 500 heads or fraction thereof) $2.27 Section 2. This Ordinance shall take effect July 1, 2007 Passed, approved and adopted this 8t"day of March, 2007. /s/Roy D. Buol, Mayor Attest: /s/Jeanne Schneider, CMC, City Clerk Published officially in the Telegraph Herald Newspaper the 14t" day of March, 2007. /s/Jeanne F. Schneider, CMC, City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 9-07 AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES SECTIONS 44-83 (a)(2) and 443 (a)(3)g ESTABLISHING BASIC SEWER RATES FOR RESIDENTIAL AND COMMERCIAL USERS BY INCREASING THE RATES. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 94 Special Session, March 8, 2007 Book 137 DUBUQUE, IOWA: be collected containing accept- Section 1. Section 44-83 (a)(2) of the City able "recyclable materials" as of Dubuque Code of Ordinances is defined in this chapter. Excep- amended to read as follows: tions to the collection charges Section 44-83 (a)(2) Schedule of for class I premises are as fol- Rates: lows: Rates per each one hundred (100) (1) When a class I premises has cubic feet: $2.07 been vacant for a period not Section 2. Section 44-83 (a)(3)g of the City less than three (3) consecutive of Dubuque Code of Ordinances months, the owner may apply is amended to read as follows: to the city manager for a credit Where the quantity of water con- under procedures to be estab- sumed is such that the minimum lished by the city manager. service is charged, the minimum Such credit shall continue only sewer service charge, according so long as the class I premises to the size of the meter, shall be is vacant. as follows: (2) Class I premises when the head Meter Size Minimum Allowance of the household is sixty five (inches) Charge (cubic feet) (65) years of age or older and 5/8 $4.15 200 has an annual income equal to 3/4 $10.35 500 or less than the income stan- 1 or larger $10.35 800 dards used by HUD for its "sec- Section 3. This Ordinance shall take effect tion eight (8) housing program" upon publication. for one- and two-person Passed, approved and adopted this 8th households may, upon applica- day of March, 2007. tion to the city manager, be ex- /s/Roy D. Buol, Mayor empted from one-half (1/2) the Attest: established collection charge. /s/Jeanne F. Schneider, CMC, City Clerk After the initial application, an- Published officially in the Telegraph Herald nual application shall be made Newspaper the 14t" day of March, 2007. by the head of household on /s/Jeanne F. Schneider, CMC, City Clerk July 1 of each year to verify annual income and eligibility. OFFICIAL PUBLICATION (3) In cases of extreme financial ORDINANCE NO. 10-07 hardship, the city manager, AMENDING CITY OF DUBUQUE CODE OF may and is hereby authorized ORDINANCES SECTION 40-37 PARR- and empowered to, make ad- GRAPHS (a), (b), and (c) ESTABLISHING justments in the monthly collec- CHARGES FOR THE COLLECTION AND tion charges as the city man- DISPOSAL OF SOLID WASTE MATERIALS ager may deem appropriate. In NOW, THEREFORE, BE IT ORDAINED such cases, the city manager BY CITY COUNCIL OF THE CITY OF DU- shall have the authority to re- BUQUE, IOWA: quire such proof of vacancy, fi- Section 1. Section 40-37, paragraphs (a), nancial status, age or extreme (b), and (c) of the City of Dubuque Code of hardship, as the city manager Ordinances are hereby amended to read as may deem necessary. follows: (4) Class I premises when a family Sec. 40-37. Charges-Amounts; Excep- household of five (5) or more tions1: persons has an annual income (a) Class I Premises: Except as equal to or less than the in- qualified below, a fee of nine come standards used by HUD dollars and ninety-one cents for its "section eight (8) housing ($9.91) per dwelling unit per program" for the size of that month shall be paid to the city household may, upon applica- by the property owner of each tion to the city manager, be ex- class (premises for such ser- empted from one-half (1/2) the vices. Said fee shall be in established collection charge. payment for collection and dis- After the initial application, an- posal of one 35-gallon can or nual application shall be made one 35-gallon trash bag of "sol- by the head of household on id waste" as defined in this July 1 of each year to verify chapter. There is no limit on annual income and eligibility. the number of bins allowed to (b) Class II Premises: A fee of nine Book 137 Special Session, March 8, 2007 95 dollars and ninety-one cents ($9.91) per month shall be paid to the city by the property own- er of each class II premises for such services. Said fee shall be in payment for collection and disposal of one 35-gallon can or one 35-gallon trash bag of "solid waste" as defined. There is no limit on the number of bins allowed to be collected containing acceptable "recycl- able materials" as defined. The owner of a class II premises served by the city solid waste collection may provide the city manager with not less than fourteen (14) days' written no- tice of intent to terminate the service. Such termination of service shall be effective at the beginning of the next billing pe- riod after such fourteen (14) day notice period. (c) Class III Premises: A fee of nine dollars and ninety-one cents ($9.91) per month shall be paid to the city by the prop- erty owner of each class III premises for such services. Said fee shall be in payment for collection and disposal of one 35-gallon can or one 35- gallon trash bag of "solid waste" as defined. There is no limit on the number of bins al- lowed to be collected contain- ing acceptable "recyclable ma- terials" as defined. The owner of a class III premises served by city solid waste col- lection may provide the city manager with not less than fourteen (14) days' written no- tice of intent to terminate the service. Such termination of service shall be effective at the beginning of the next billing pe- riod after such fourteen (14) day notice period. Section 2. This ordinance shall take effect on the 1st day of July, 2007. Passed, approved and adopted this 8th day of March, 2007. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald Newspaper the 14t" day of March, 2007. /s/Jeanne F. Schneider, CMC, City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 11-07 AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES SECTION 32-773 RE- MOVAL AND IMPOUNDMENT BY PROVID- ING FOR THE REMOVAL AND IMPOUND- MENT OF ANY VEHICLE WITH FIVE (5) OR MORE UNPAID PARKING VIOLATIONS OR THREE (3) UNPAID VIOLATIONS WHERE THE MOST RECENT VIOLATION IS MORE THAN 30 DAYS PAST DUE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. City of Dubuque Code of Ordin- ances § 32-773 is amended to read as follows: Sec. 32-773. Removal and Im- poundment: (a) Any vehicle having against it the following number of unpaid violations, charging that such vehicle was parked, stopped or standing in viola- tion of any law, ordinance or local au- thority of the city shall be deemed a public nuisance: (1) Five (5) or more unpaid violations; or (2) Three (3) unpaid viola- tions where the most recent violation is more than 30 days past due. (b) The City Manager is hereby au- thorized to remove or cause to be removed such vehicle from property owned by the city or private property with the property owner's consent at the sole cost and expense of the ve- hicle owner. The City Manager shall have the power and is hereby autho- rized to remove the vehicle by either private or governmental equipment as they may deem advisable. Section 2. This Ordinance shall take effect upon publication. Passed, approved and adopted this 8t" day of March, . /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald Newspaper the 14t" day of March, 2007. /s/Jeanne F. Schneider, CMC, City Clerk There being no further business, upon mo- tion meeting adjourned at 6:58 P. M. /s/Jeanne F. Schneider, CMC City Clerk 96 Regular Session, March 19, 2007 Book 137 CITY OF DUBUQUE, IOWA CITY COUNCIL OFFICIAL PROCEEDINGS The Dubuque City Council met in regular session on March 19, 2007, at 6:30 p.m. in the Carnegie-Stout Public Library Auditorium. Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michals- ki, City Manager Van Milligen; City Attorney Lindahl Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of discussing such matters which may properly come before the Council. Invocation was provided by Victor L. St. George, Pastor of St. Matthew Lutheran Church CONSENT ITEMS Motion by Cline to receive and file, adopt resolutions, and refer to staff where recom- mended. Request by Braig to hold (#14), Du- buque County Conservation Society, for sepa- rate discussion. Seconded by Lynch. Motion carried 7-0. Minutes and Reports Submitted: City Con- ference Board of 2/12; City Council of 2/27, 3/1, 3/5, 3/7 and 3/8; Civil Service Commission of 3/1; Electrical Code Board of 3/8; Environ- mental Stewardship Advisory Commission of 2/6 and 3/6; Governing Board of 3/8; Housing Commission of 2/27; Human Rights Commis- sion of 1/8; Library Board of 1/25; Mechanical Board of 3/2; Park and Recreation Commis- sion of 2/20; Zoning Advisory Commission of 3/7; Zoning Board of Adjustment of 2/22, upon motion received and filed. Proofs of publication of City Council Pro- ceedings of 2/15 and 2/20 and List of Claims and Summary of Revenues for Month ending January 31, 2007, upon motion received and filed. Library Board of Trustees Update from meeting of February 22, 2007, upon motion received and filed. Notice of Claims/Suits: Amber Thompson, Randy Fortier, and Sheila Finney for vehicle damage; Melanie C. Flesch for vehicle dam- age, upon motion received, filed, and referred to City Attorney. the claim of Randy Fortier and Sheila Finney for vehicle damage, upon motion received, filed, and concurred. Finance Department di- rected to issue payment. Acceptance of Public Improvements: City Manager recommending acceptance of the public improvements recently completed by Kivlahan Farms, LC in Arbor Estates -Phase 1 and Phase 2. Upon motion received, filed, and Resolution No. 153-07 Accepting im- provements in Arbor Estates -Phase 1 and 2 was adopted. RESOLUTION NO. 153-07 ACCEPTING IMPROVEMENTS IN ARBOR ESTATES - PHASE I AND 2 Whereas, pursuant to Resolution Nos. 168- 02 and 197-04, certain public improvements including street paving with curb, sanitary sewer main, watermain, storm sewers and catch basins, boulevard street lighting, and a stormwater detention facility were installed by the developer of Arbor Estates - Phase I and 2. Whereas, the improvements have been completed and the City Manager has ex- amined the work and has filed a certificate stating that the same has been completed in accordance with the plans approved by the City Council and in conformance with City specifications, and has recommended that the improvements be accepted by the City Coun- cil. 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 public improvements in Arbor Estates - Phase I and 2 be and the same are hereby accepted. Section 2. That maintenance of said im- provements shall be the responsibility of the contractor and owner for a period of two (2) years from this date. Passed, approved and adopted this 19t" day of March, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Federal Building Renovation Project - Pur- chase of Two Air-Handling Units: City Manager recommending approval of the purchase of two air-handling units for the Federal Building from the low bidder, Howe Sales Company, in the amount of $75,327.00. Upon motion re- ceived, filed, and Resolution No. 154-07 Ap- proving the purchase of two air-handling units for the Federal Building Renovation Project was adopted. City Attorney recommending settlement of Book 137 Regular Session, March 19, 2007 97 RESOLUTION NO. 154-07 APPROVING THE PURCHASE OF TWO AIR- HANDLING UNITS FOR THE FEDERAL BUILDING RENOVATION PROJECT (CIP 1001841) Whereas, the City Manager recommends the purchase of two (2) air-handling units from Howe Sales Company of Des Moines, Iowa, for a purchase price of $75,327.00, for the Federal Building Renovation Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the purchase of two (2) air- handling units from Howe Sales Company of Des Moines, Iowa, for the purchase price of $75,327.00 is hereby approved. Passed, approved and adopted this 19t" day of March, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Historic Old Main Street Lighting and Si- dewalk Replacement Project: City Manager recommending award of the contract to Port- zen Construction, Inc., for the Historic Old Main Street Lighting and Sidewalk Replace- ment Project. Upon motion Resolution No. 155-07 Awarding contract to Portzen Con- struction, Inc., and Resolution No. 156-07 Ap- proving construction contract were adopted. RESOLUTION NO. 156-07 APPROVING THE PUBLIC IMPROVEMENT CONTRACT AND BOND WITH PORTZEN CONSTRUCTION, INC. FOR THE HISTORIC OLD MAIN STREET -LIGHTING AND SI- DEWALK REPLACEMENT PROJECT Whereas the City Council by Resolution No. 155-07 awarded Public Improvement Con- tract for the Historic Old Main Street -Lighting and Sidewalk Replacement Project to Portzen Construction, Inc.; and Whereas Portzen Construction, Inc. has submitted the attached executed Public Im- provement Contract and bond. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The Public Improvement Contract and bond attached hereto are hereby approved. Passed, approved and adopted this 19t" day of March, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Asbury Plaza Sanitary Sewer Force Main and Lift Station Project: City Manager recom- mending approval of the use of G.O. Bonds instead of State Revolving Funds for the As- bury Plaza Sanitary Sewer Force Main and Lift Station Project, upon motion received, filed, and approved. RESOLUTION NO. 155-07 AWARDING PUBLIC IMPROVEMENT CON- TRACT FOR THE HISTORIC OLD MAIN STREET -LIGHTING AND SIDEWALK RE- PLACEMENT PROJECT Whereas, sealed proposals have been submitted by contractors for the Historic Old Main Street -Lighting and Sidewalk Replace- ment Project (the Project) pursuant to Resolu- tion No. 98-07 and Notice to Bidders published in a newspaper published in the City of Dubu- que, Iowa on the 23rd day of February, 2007. Whereas, said sealed proposals were opened and read on the 15th day of March, 2007 and it has been determined that Portzen Construction, Inc. of Dubuque, Iowa, with a bid in the amount of $363,873.15, is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a Public Improvement Contract for the Project is hereby awarded to Portzen Con- struction, Inc. and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. Passed, approved and adopted this 19t" day of March, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Legislative Correspondence: Communica- tion to area legislators urging opposition to House Study Bill 192 regarding changes to Iowa's workers' compensation law. Communi- cation to area legislators urging support of Transportation Investment Moves the Econo- my in the 21St Century (TIME 21) to increase transportation funding, upon motion received and filed. Fiscal Year 2007 Vehicle Replacement Purchases: City Manager recommending ap- proval of the purchase of ten police replace- ment vehicles: eight marked squad cars, one marked sports utility vehicle and an unmarked car for the Criminal Investigative Division for a total purchase price of $218,586, upon motion Resolution No. 157-07 Approving the purchase of ten replacement Police vehicles was adopted. RESOLUTION NO. 157-07 APPROVING THE PURCHASE OF 10 RE- PLACEMENT POLICE VEHICLES Whereas, the City Manager recommends the purchase of 10 replacement police ve- hicles, eight police patrol vehicles, one SUV (Sports Utility Vehicle) police patrol vehicle, and one Criminal Investigation vehicle. The police patrol vehicles are to be purchased from Mike Finnin Ford, fora purchase price of 98 Regular Session, March 19, 2007 Book 137 $198,470 and the Criminal Investigation ve- hicle from Turpin Dodge for a purchase price of $20,116. The total vehicle replacement cost for all vehicles is $218,586. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The purchase of 10 replacement police vehicles, being eight police patrol ve- hicles, one SUV police patrol vehicle from Mike Finnin Ford for a purchase price of $198,470 and one Criminal investigation ve- hicle from Turpin Dodge for the purchase price of $20,116, for a total vehicle replacement cost of $218,586 is hereby approved. Dubuque County Conservation Society: Communication from David W. Leifker, Dubu- que County Conservation Society, to the Du- buque County Board of Supervisors regarding junk yards located on Highway 52 north of Dubuque was read by Braig. Michalski re- quested the City Manager revisit the issue of cooperation with the County, make contact, and meet with the Board of Supervisors. Mo- tion by Braig to receive, file and send a re- sponse letter. Seconded by Cline. Motion car- ried 7-0. Civil Service Commission: Civil Service Commission submitting the certified list for the position of Sanitation Driver, upon motion re- ceived, filed, and made a Matter of Record. Passed, approved and adopted this 19t" day of March, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Engineering Study -Trail Along Catfish Creek: City Manager recommending approval of the use of $70,800 of funds currently bud- geted for development of Westbrook Park to conduct an engineering study for a trail along Catfish Creek, upon motion received, filed, and approved. Comprehensive Plan: City Manager sub- mitting background information regarding the City's Comprehensive Plan, upon motion re- ceived and filed U.S. Department of Housing and Urban Development: Communication from the U.S. Department of Housing and Urban Develop- ment advising that the City of Dubuque has received a Green designation for the lead ha- zard control program. Communication from the U.S. Department of Housing and Urban De- velopment advising that the Fiscal Year 2007 Community Development Block Grant Pro- gram budget has been enacted and signed by the President, upon motion received and filed. Sewer Pipeline Inspection Hardware and Software: City Manager recommending ap- proval of the purchase of Peninsular Technol- ogies sewer pipeline inspection hardware and software at a price of $17,250, upon motion received, filed and approved. Hwy 151 & 61 Development, LLC: City Manager recommending approval of a second amendment to the Development Agreement with Hwy. 151 & 61 Development, LLC extend- ing the deadline for the parties to reach an agreement on the alternate location for the Bee Branch sewer, upon motion received, filed, and approved. March 1, 2007 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 2007 Code of Iowa, an examination for the position Sanitation Driver was given on February 8, 2007. We hereby certify that the individuals listed below have passed this written examina- tion and the vacancy fo r this position should be made from this list and that this list is good for two (2) years from above date. Sanitation Driver Allman, Darrell Kruser, Adam Bach, John Lawrence, Christopher Beecher, Andrew Leach, Corey Begle, Duane Lester, Christopher Ben, Jerome McDermott, Joseph Boge, Robert Merkes, Kevin Christ, Steven Meyer, Terry Davis, Susan Miller, Jeffrey Davis, Frederick Mueller, Dale DeMaio, Jason Noel, Drew Duerksen, Tyler Oberfoell, John Elliott, Timothy Pfohl, Michael Flanagan ,George Powers, Jim Frederick, Joseph Pregler, Bruce Genthe, Jason Reiss, David Greve, James Schuster, Steve Griesinger, Michael Steil, Darren Hefel, William Sweeney, Neal Heim, Brian Valentine, Gary Higbie, Devon Vorwald, Louis Hogan, Cory Weig, Donald Johanningmeier, Eric Weiland, Jeffrey Kearney, James Respectfully submitted, Merle Duehr, Chairperson Richard Wertzberger, Loras Kluesner, Civil Service Commission City of Asbury Voluntary Annexation Appli- cations: Communication from the City of As- bury providing notification that the City of As- Book 137 Regular Session, March 19, 2007 99 bury has received voluntary annexation appli- cations from Karen Cogan, Stanley and Lou Ann Kay Ward, Donald and Luella Cogan, and Wayne G. Siebert and that the City Council will hold a public hearing on the annexation re- quests on Tuesday, March 26, 2007 at 7:00 p.m. at the Asbury Fire Station, 5485 Saratoga Road. Communication from the City of Asbury providing notification that the City of Asbury has received voluntary annexation applications from Berdina Burdt, Marilyn Mae Koehler, Al- ma Brehm, Richard and Elizabeth Robertson, Theodore Buechele, and Theodore and Karen Buechele and that the City Council will hold a public hearing on the annexation requests on Tuesday, March 26, 2007 at 7:00 p.m. at the Asbury Fire Station, 5485 Saratoga Road, upon motion received and filed. BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The attached agreement be- tween Edward A. Green and the City of Du- buque, Iowa is hereby approved. Section 2. The Mayor is hereby authorized and directed to execute the attached agree- ment on behalf of the City of Dubuque. Passed, approved and adopted this 19t" day of March, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Red Cross Emergency Shelter Agreement: City Manager recommending approval of the Emergency Shelter Agreements with the American Red Cross, upon motion received, filed, and approved. Edward Green Property Agreement: City Manager recommending approval of an agreement with Edward A. Green documenting a previous agreement between the City and Edward A. Green dated July 7, 1998. Upon motion received and filed, and Resolution No. 158-07 Approving an agreement with Edward A. Green documenting a previous agreement between the City and Edward A. Green dated July 7, 1998, was adopted. RESOLUTION NO. 158-07 APPROVING AN AGREEMENT WITH ED- WARD A. GREEN DOCUMENTING A PRE- VIOUS AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND EDWARD A. GREEN DATED JULY 7, 1998 Whereas, on July 7, 1998, the City of Du- buque, Iowa (the City) and Edward A. Green entered into a real estate contract for the pur- chase of certain real estate owned by Mr. Green for airport runway purposes; and Whereas, under the real estate contract the City agreed to various terms and condi- tions requested by Mr. Green which terms and conditions were to survive the actual transfer of title to the property being purchased; and Whereas, Mr. Green now wishes to docu- ment those terms and conditions in a form which can be recorded in the Office of the Du- buque County Recorder and has prepared an agreement (the Agreement), a copy of which is attached hereto, incorporating those terms and conditions and is requesting that the City ex- ecute the Agreement; and Whereas, the City is willing to enter into the Agreement as a way to document the terms and conditions of the real estate contract be- tween the parties in a form which can be rec- orded; and Whereas, the City Council of the City of Dubuque has determined that the Agreement should be approved. NOW, THEREFORE, BE IT RESOLVED Tobacco Compliance -Civil Penalties for Tobacco Permit Holders: City Manager re- commending acceptance and approval of Ac- knowledgement/Settlement Agreements of Big Ten Mart, 9t" Street & Central Avenue; HyVee #2, 2395 Northwest Arterial; Hammerhead Bar & Billiards, 2095 Kerper Boulevard; Oky Doky, 535 Hill Street; Eagle Country Market, 1800 Elm Street; and Midway Hotel/Hoffman House, 3100 Dodge Street for their first tobacco com- pliance violation, upon motion received, filed, and approved. Northwest Arterial Hike /Bike Trail -Phase I: City Manager recommending acceptance of the Northwest Arterial Hike /Bike Trail as completed by Drew Cook and Sons Excavat- ing in the final contract amount of $344,368.49. Upon motion received and filed, and Resolution No. 159-07 Accepting the Northwest Arterial Hike /Bike Trail -Phase I and authorizing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 159-07 ACCEPTING THE NORTHWEST ARTERIAL HIKE-BIKE TRAIL - PHASE I AND AUTHO- RIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Northwest Arterial Hike-Bike Trail - Phase I (the Project) has been completed and the City Manager 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 Manager recommends that the Project be ac- cepted; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Manager is approved and the Project is hereby accepted. 100 Regular Session, March 19, 2007 Book 137 Section 2. The Finance Director is hereby directed to pay to the Contractor from the Northwest Arterial Hike-Bike Trail (CIP 1001157) and the Iowa DNR Resource En- hancement and Protection (REAP) grant ap- propriations for the contract amount of $344,368.49 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. Passed, approved and adopted this 19t" day of March, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk John F. Kennedy Road Sidewalks: Com- munications from Robert Park regarding the issue of installation of sidewalks on John F. Kennedy Road, upon motion received and filed. Dubuque Golf and Country Club: Commu- nication from the Dubuque Golf and Country Club requesting permission to display fire- works on Wednesday, July 4, 2007, with a rain date of Thursday, July 5, 2007, upon motion received, filed, and approved. Improvement Contracts / Performance, Payment and Maintenance Bonds for Heron Pond Tree Removal Project and Reeder and Lois Street Sanitary Sewer Project, upon mo- tion received and filed. Business Licenses: City Manager recom- mending approval of annual liquor license re- newals as submitted. Upon motion received and filed, and Resolution No. 160-07 Granting the issuance of a Class "B" Beer Permit to Panchero's Mexican Grill and Class "C" Beer Permit to Tobacco World and Resolution No. 161-07 Granting the issuance of a Class "C" Beer/Liquor License to PJ's Tap, Ground Round and Salsa's Mexican Restaurant were adopted. Central Coast Hospitality, Panchero's Mex- ican Grill+(Sunday/Outdoor Sale), 4840 As- bury CLASS "C" BEER PERMIT Iowa Potato & Produce Hse, Tobacco World+(Sunday Sale), 3341 Hillcrest Passed, approved and adopted this 19th day of March, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 161-07 Whereas, applications for Liquor Licenses have been submitted to this Council for ap- proval 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 Ordin- ances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS "C" BEER/LIQUOR LICENSE Lana LuGrain, PJ's Tap+(Sunday Sale), 500 Rhomberg Jamis LLC, Ground Round+(Sunday Sale), 50 JFK Rd Salsa's Inc, Salsa's Mexican Rest.+(Sunday Sale), 1091 Main St Passed, approved and adopted this 19th day of March, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk ITEMS TO BE SET FOR PUBLIC HEARING Motion by Lynch to receive, file, adopt Resolutions, set public hearings as specified, and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 160-07 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been ex- amined 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 Request to Purchase -Portion of Lenox Addition: City Manager recommending that a public hearing be set for April 2, 2007 to con- sider arequest from Richard Plowman to pur- chase aportion of Lots 314 and 315 Lenox Addition. Upon motion received, filed, and Resolution No. 162-07 Resolution of Intent to dispose of City interest in Lot 1 of Lenox Addi- tion No. 3 in the City of Dubuque, Dubuque County, Iowa was adopted setting the public hearing at a meeting to commence at 6:30 p.m. on April 2, 2007, in the public library audi- torium. Book 137 Regular Session, March 19, 2007 101 RESOLUTION NO. 162-07 RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN LOT 1 OF LENOX ADDI- TION NO. 3 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, Richard Plowman has requested the disposal of a portion of Lots 314 and 315 of Lenox Addition; and Whereas, William Burger, Land Surveyor, has prepared and submitted to the City Coun- cil aplat showing a portion of Lots 314 and 315 of Lenox Addition and assigned a lot number thereto, which hereinafter shall be known and described as Lot 1 of Lenox Addi- tion No. 3 in the City of Dubuque, Dubuque County, Iowa, should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque in- tends to dispose of its interest in Lot 1 of Le- nox Addition No. 3 in the City of Dubuque, Dubuque County, Iowa. Section 2. That the conveyance of Lot 1 of Lenox Addition No. 3 in the City of Dubuque, Dubuque County, Iowa, to Richard Plowman be contingent upon the payment of $5,000.00, plus platting, publication, and filing fees. Section 3. That the City Clerk is hereby au- thorized and directed to cause a notice of in- tent to dispose of said real estate to be pub- lished in the manner as prescribed by law. Passed, approved and adopted this 19t" day of March, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 2030 Future Land Use Map: City Manager recommending that a public hearing be set for April 2, 2007, to consider adoption of the 2030 Future Land Use Map, upon motion received and filed setting a public hearing at a meeting to commence at 6:30 p.m. on April 2, 2007, in the public library auditorium. Voluntary Annexation Request -Tri-State Development LLC: City Manager recommend- ing that a public hearing be set for May 7, 2007, regarding a request from Tri-State De- velopment LLC for voluntary annexation of 1.19 acres of property at 12653 Seippel Road to the City of Dubuque, in conjunction with rezoning the property to CS Commercial Ser- vice and Wholesale District, upon motion re- ceived and filed setting a public hearing at a meeting to commence at 6:30 p.m. on May 7, 2007, in the public library auditorium. City Hall Parking Lot Construction Project: City Manager recommending initiation of the public bidding process for the City Hall Parking Lot Construction Project and that a public hearing on the plans and specifications, form of contract, estimated cost and Resolution of Necessity be set for April 2, 2007. Upon mo- tion received, filed, and Resolution No. 163-07 Preliminary approval of plans and specifica- tions, form of contract, and estimated cost for the City Hall Parking Lot Construction Project; Resolution No. 164-07 Setting date of hearing on plans and specifications, form of contract, and estimated cost for the City Hall Parking Lot Construction Project; Resolution No. 164A- 07 Preliminary Schedule of Assessments, Resolution No. 165-07 Resolution of Necessi- ty; Resolution No. 166-07 Fixing date of public hearing on the Resolution of Necessity; and Resolution No. 167-07 Ordering the adver- tisement for bids for the City Hall Parking Lot Construction Project were adopted setting a public hearing at a meeting to commence at 6:30 p.m. on April 2, 2007, in the public library auditorium. RESOLUTION NO. 163-07 PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE CITY HALL PARKING LOT RECONSTRUCTION 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 City Hall Parking Lot Reconstruction Project, in the estimated amount $838,477.55, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 19t" day of March, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 164-07 FIXING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATED COST FOR THE CITY HALL PARKING LOT RECONSTRUC- TION PROJECT Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary ap- proval to the proposed plans, specifications, form of contract, and estimated cost for the City Hall Parking Lot Reconstruction Project (the Project) and ordered the same to be on file in the office of the City Clerk for public in- spection. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a public hearing will be held on the 2nd day of April, 2007, at 6:30 p.m. in the Pub- lic Library Auditorium at which time interested persons may appear and be heard for or 102 Regular Session, March 19, 2007 Book 137 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 esti- mated cost of the Project. Passed, adopted and approved this 19t" day of March, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 164A-07 PRELIMINARY SCHEDULE OF ASSESS- MENTS FOR THE CITY HALL PARKING LOT RECONSTRUCTION PROJECT THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: That the attached sheet(s), Pages 1 to Page 1 inclusive, are hereby determined to be the Preliminary Schedule of Proposed As- sessments for the City Hall Parking Lot Re- construction Project and the valuations set out herein are hereby approved. Passed, approved and adopted this 2nd day of April, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk CITY HALL PARKING LOT RECONSTRUCTION PROJECT PRELIMINARY SCHEDULE OF VALUATION OF ASSESSMENTS PROPERTY OWNER NAME, LOT DESCRIP- TION, PARCEL NUMBER, TOTAL NET AS- SESSMENT Thompson's Food Markets Inc , M 1/5 OF CITY LOT 457, 1024417002, $2,001.29 Thompson's Food Markets Inc , N 1/2 OF SM 1/5 OF CITY LOT 457, 1024417003, $2, 001.29 T F M CO , S 1/2 OF SM 1/5 CITY LOT 457, 1024417004, $0.00 Thompson's Food Markets Inc , S 1/5 CITY LOT 457, 1024417005, $2, 001.30 Total Assessment: $6,003.88 RESOLUTION NO. 165-07 RESOLUTION OF NECESSITY FOR THE CITY HALL PARKING LOT RECONSTRUC- TION PROJECT Whereas, the plat, schedule of assess- ments, and estimate of total cost for the City Hall Parking Lot Reconstruction 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: The City Hall Parking Lot Reconstruction Project will provide for the reconstruction of underground utilities, adjacent sidewalks, pe- rimeter lighting, parking lot sub-base and the construction of new 7" thick concrete pave- ment. The project will also provide for the in- stallation of new perimeter fencing that com- plements the historical features of City Hall. All existing overhead electric lines and services will be transferred to underground. The exist- ing generator and electrical cabinets would be screened with an enclosure that matches the proposed perimeter fencing. The project will include utility upgrades and repairs that include: • The reconstruction of 3 deteri- orated brick manholes • The reconstruction of approx- imately 520 lineal feet of water- main, mainline valves, fire hy- drants, and the replacement of 3 lead commercial water services. The cost of the individual lead commercial water service re- placements will be assessed to each respective private property owner. • The project also provides for the construction of approximately 135 lineal feet of new storm sewer and 2 catch basins to complement bioswales that are proposed for the medians. • The installation of fiber optics and telecommunications conduit infrastructure are proposed to improve connectivity with City Hall. This will include 485 lineal feet of 4" conduit with inner ducts and the construction of two fiber optic manholes. The sidewalks will consist of decorative buff colored sidewalk that follows the down- town decorative sidewalk standard. Historic pedestrian lights will be installed around the perimeter of the parking lot. In addition, elec- trical service pedestals and water hydrants would be placed around the perimeter of the parking lot. In addition, substantial landscaping is in- cluded with this project that contains various native plants that will be utilized around the perimeter as well as in bioswales. An alternate is proposed to use recycled Purington brick pavers for the parking stalls. The City of Dubuque would provide the pavers for this project. The alternate would be for the installation of the pavers and the materials to construct the necessary pervious base for the Book 137 Regular Session, March 19, 2007 103 pavers. 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 assess- ment and interested parties for or against the improvement, its cost, the assessment, or the boundaries of the district: That 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 pertain- ing to the regularity of the proceeding and the legality of using the special assessment pro- ced u re. 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, ap- proved and ordered placed on file with the City Clerk this 19t" day of March, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 166-07 FIXING DATE OF PUBLIC HEARING ON RESOLUTION OF NECESSITY Whereas, the City Council of the City of Dubuque, Iowa, has given its preliminary ap- proval to the plat, schedule of assessments, and estimated total cost for the City Hall Park- ing Lot Reconstruction Project and ordered preliminary schedule of assessments and es- timate of total cost placed on file in the Office of the City Clerk; and Whereas, the proposed Resolution of Ne- cessity for Project has been introduced and is now on file in the Office of the City Clerk. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The City Council will meet on the 2nd day of April, 2007, at the Public Library Auditorium, 360 West 11t" Street, Dubuque, Iowa, at which time the owners of property subject to as- sessment for the proposed improvement or any other person having an interest in the mat- ter 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 a 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. . Passed, adopted and approved this 19t" day of March, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 167-07 ORDERING THE ADVERTISEMENT FOR BIDS FOR THE CITY HALL PARKING LOT RECONSTRUCTION PROJECT NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the City Hall Parking Lot Reconstruc- tion Project is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that 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. That 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 more than twenty days but not more than forty-five days before the date for filing bids at 2:00 p.m. on the 26th day of April, 2007. 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 the public hearing at 6:30 p.m. on the 7th day of May, 2007, in the Public Library Auditorium, 360 West 11t" Street, Dubuque, Iowa. Passed, adopted and approved this 19t" day of March, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk BOARDS/COMMISSIONS Applicants were invited to address the Council regarding their desire to serve on the following Boards/Commissions: Mechanical Code Board -Two expired three-year terms through March 16, 2009 (Terms of Geisler and Willenborg); Three expired three-year terms through March 26, 2010 (Terms of Bandy, Kelly and Papin). Applicants Chuck Bandy, Michael Kelly, Paul Papin, Harlan Willenborg 104 did not speak. Regular Session, March 19, 2007 Book 137 Appointments to the following Boards/Commissions: Zoning Board of Ad- justment -- One unexpired 5-year term through March 25, 2012 (Term of Gibbs). Applicant: William Gibbs. Michalski moved to appoint William Gibbs to one unexpired 5-year term through March 25, 2012. Seconded by Con- nors. Motion carried 7-0. TV Cable Regulatory Commission: One expired three-year term through June 30, 2009 - term of Ellis). Applicant: Charles Ellis. Mi- chalski moved to appoint Charles Ellis to one expired three-year term through June 30, 2009. Seconded by Connors. Motion carried 7-0. PUBLIC HEARINGS Upon motion the rules were suspended to allow anyone present to address the Council. Greg Adams/Stewart Construction, Inc. - Reconsideration (Recessed on March 5, 2007): Proof of publication on notice of hearing to reconsider the reclassifying of property lo- cated at the southwest corner of Seippel Road and Old Highway Road (Lot 1 of 2 Mason Cate Estates) from LI Light Industrial District to HI Heavy Industrial District, as requested by Wayne Briggs/Stewart Construction, Inc., and Zoning Advisory Commission recommending approval, with conditions. Motion by Connors to reopen discussion from March 5, 2007. Seconded by Lynch. Motion carried 7-0. Brian Kane, 2100 Asbury Road, attorney for Stewart and Briggs, requested the 20-foot building height condition be amended to 35 feet and further noting strict environmental standards will be enforced with the addition of landscape berms and screening. Dawne O'Meara of Alter Scrap said that the company has received additional environmental certifications. Frank Branigan, Allied, explained that the requested height is required in order for trucks to empty recycling contents indoors and clarified that they do not process waste. Tim Hodge, Hodge Transfer, spoke in favor of the proposed Or- dinance. Laura Carstens, Planning Services Manager corrected an error in the original legal description. Citizens Diane Brehm (12458 Cot- tingham Road), Gary Johnson (12089 Cotting- ham), Kevin Kotz (14957 Old Highway Road), Kelly Allen (15165 Old Highway Road), Joe Vize (12055 Cottingham Road), Delbert Bri- meyer (12713 Sieppel Road), and Devon Wel- ty (16451 Old Highway Road) spoke in opposi- tion of the Ordinance describing their concerns about increased and dangerous traffic, runoff, odors and emissions from trucks, additional landscaping needed to accommodate height modification, degradation of the view and visu- al attractiveness of the neighborhood, and the continued attempt to push light industrial zon- ing into the area over the years. In rebuttal, Dawn O'Meara said there is sufficient on-site space for the estimated 200 additional truck per day and there would be no backup onto the streets. They also remove fluids from any stored vehicles outside the building. Michalski said that Old Highway Road is adequately handling the current 1450 vehicles per day and 200 more is not a significant increase. She also reiterated that the rezoning has already been approved and that this hearing was only for the height modification request. Motion by Connors to receive and file the documents and that the requirement that a proposed ordin- ance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Jones. Motion carried 7-0. Mo- tion by Connors for final consideration and adoption of Ordinance No. 12-07 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassify- ing property located at the southwest corner of Seippel Road and Old Highway Road (Lot 1 of 2 Mason Cate Estates) from LI Light Industrial District to HI Heavy Industrial District, with conditions. Seconded by Braig. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 12-07 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DE- SCRIBED PROPERTY LOCATED NEAR THE SOUTHWEST CORNER OF SEIPPEL ROAD AND OLD HIGHWAY ROAD FROM LI LIGHT INDUSTRIAL DISTRICT TO HI HEAVY IN- DUSTRIAL DISTRICT, WITH CONDITIONS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassify- ing the hereinafter-described property from LI Light Industrial District to HI Heavy Industrial District, with conditions, to wit: Lot 1 of 2 Ma- son Cate Estates (except the north 200 feet and south 291 feet), all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advi- sory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by I aw. Passed, approved and adopted this 19t" day of March, 2007. Book 137 Regular Session, March 19, 2007 105 /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk MEMORANDUM OF AGREEMENT Pursuant to the Iowa Code Section 414.5 (2005), and as an express condition of rezon- ing of the property described as: Lot 1 of 2 Mason Cate Estates (except the north 200 feet and south 291 feet), all in the City of Dubuque, Iowa, which is the subject of Ordinance No. 12-07, a copy of which is attached hereto and incorporated herein by reference, the under- signed property owners, agree to the following conditions, all of which the property owner further agrees are reasonable and are im- posed to satisfy public needs which are caused directly by the rezoning: A) Conditions: The following conditions shall apply to the subject property: 1) That the allowed uses on the HI Heavy Industrial property be li- mited to those of the LI Light In- dustrial District and junk yards and salvage yards. 2) That the maximum building height on the HI Heavy Industrial proper- ty be limited to thirty-five (35) feet. 3) That hours of operation of a junk or salvage facility be limited to 6 a. m. to 6 p. m. weekdays, 6 a. m. to noon on Saturday, and closed on Sunday. 4) That an eight (8) foot high chain link fence with slats be con- structed on top of a five (5) foot high berm, fifteen (15) feet wide at the top, located at the top of the slope on the HI Heavy Industrial property's south end. In addition, pine trees must be planted on the south side of the screening fence spaced twenty (20) feet apart. 5) That uses permitted in the buffer zone (the 291 foot wide area be- tween the south property line and the south HI Heavy Industrial dis- trict boundary line) be limited to open space if a salvage yard is located on the HI Heavy Industrial property. If a salvage yard is not located on the HI Heavy Industrial property, the buffer area can be developed for any of the uses permitted in the LI light Industrial district. B) Reclassification of the Subject Property. The City of Dubuque, Iowa may initiate zoning reclassification proceedings to the LI Light Industrial District, which rezoning will include the removal of the performance standards in Section A above, if the property owner fails to complete any of the conditions or provisions of this Agreement. C) Modifications. Any modifications of this Agreement shall be considered a zoning rec- lassification and shall be subject to the provi- sions of the Zoning Ordinance governing zon- ing reclassifications. All such modifications must be approved by the City Council of Du- buque, Iowa. D) Recordina. A copy of this Agreement shall be recorded with the Dubuque County Recorder as a permanent record of the condi- tions accepted as part of this rezoning approv- al within thirty (30) days of the adoption of Or- dinance No. 12-07. E) Construction. This Agreement shall be construed and interpreted as though it were part of Appendix A of the Code of Ordinances of the City of Dubuque, also known as the Zoning Ordinance of the City of Dubuque, Iowa. F) This Agreement shall be binding upon the undersigned and his/her heirs, successor and assignees. ACCEPTANCE OF ORDINANCE NO. 12-07 I, Wayne C. Stewart, representing Stewart Construction, Inc., LLC, property owner, read the terms and conditions of the foregoing Or- dinance No. 12-07 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa, this 23~d day of April, 2007. /s/ Wayne C. Stewart ACCEPTANCE OF ORDINANCE NO. 12-07 I, Wayne A. Briggs, representing Industrial 20 Development, LLC, property owner, read the terms and conditions of the foregoing Or- dinance No. 12-07 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa, this 19t" day of April, 2007. /s/ Wayne A. Briggs Tri-State Development, LLC: Communica- tion from Brian Lammers, Tri-State Develop- ment Company, requesting that this item be tabled. Proof of publication on notice of hear- ing to consider reclassifying property located at the end of Seippel Court from CS Commer- cial Service and Wholesale District to LI Light Industrial District as requested by Tri State Development, LLC, and Zoning Advisory Commission recommending denial. Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter property located at the end of Seippel Court from CS Commercial Service and Wholesale District to LI Light In- dustrial District. Motion by Michalski to table. 106 Regular Session, March 19, 2007 Book 137 Seconded by Cline. Motion carried 7-0. 2551 Rockdale Road -Request to Re- zone: Proof of publication on notice of hearing to consider reclassifying property located at 2551 Rockdale Road from R-1 Single-Family Residential District to C-3 General Commercial District as requested by Betty Sweeney and Zoning Advisory Commission recommending denial. Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinaf- ter property located at 2551 Rockdale Road from R-1 Single-Family Residential District to C-3 General Commercial District. Communica- tion from Betty Sweeney withdrawing her re- quest to rezone. Motion by Michalski to re- ceive, file, and accept withdrawal. Seconded by Connors. Motion carried 7-0. Due to a conflict of interest, Mayor Buol excused himself from the proceedings, turning the meeting over to Mayor Pro Tem Braig. Section 1. That Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances be amended by providing for the approval of an amended conceptual develop- ment plan for the University of Dubuque ID Institutional District, a copy of which is on file with the City of Dubuque Planning Services Department, for property legally described to wit: Lots 2-1, 1 & 2 of 1-1-1 and Lot 2-1-1 all in Cain's Subdivision No. 2 and to the center line of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. Institutional District Regulations. A. Use Reaulations. The following regulations shall apply to all uses made of land in the above-described ID Institutional District: 1. Principal permitted uses shall be limited to: a. Offices for administrative personnel or other institu- tional employees and affili- ates b. Churches, libraries, and mu- University of Dubuque ID Institutional Dis- trict: Proof of publication on notice of public hearing to consider amending the University of Dubuque ID Institutional District to allow for construction of the new Chlapaty Recreation and Wellness Center and Zoning Advisory Commission recommending approval. Motion by Connors to receive and file the documents and further moved 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 finally passed be suspended. Seconded by Jones. Motion carried 6-0. Motion by Connors for final consideration and adoption of Ordinance 13- 07 Amending Appendix A (the Zoning Ordin- ance) of the City of Dubuque Code of Ordin- ances by providing for the approval of an amended conceptual development plan to allow construction of Chlapaty Recreation and Wellness Center Building for the University of Dubuque ID Institutional District. Seconded by Lynch. Motion carried 6-0. OFFICIAL PUBLICATION ORDINANCE NO. 13-07 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY PROVIDING FOR THE APPROVAL OF AN AMENDED CONCEPTUAL DEVELOPMENT PLAN TO ALLOW CONSTRUCTION OF CHLAPATY RECREATION AND WELLNESS CENTER BUILDING FOR THE UNIVERSITY OF DUBUQUE ID INSTITUTIONAL DIS- TRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: seums c. Classrooms, laboratories, lecture halls, and similar places of institutional as- sembly d. Off-street parking and load- ing e. Recreational or athletic fa- cilities for the primary use and benefit of institutional residents or affiliates f. Single-family, two family or multi-family dwellings for the housing of institutional resi- dents or affiliates ] 2. Accessory Uses. The follow- ing uses shall be permitted as accessory uses in the above-described ID Institu- tional District: a. Located entirely within a principal building, books- tores, or bars seating not more than seventy-five (75) persons at one time and lo- cated not closer than two hundred feet (200') from the nearest Residential or Office Residential District. b. All uses customarily inciden- tal to the principal permitted uses in conjunction with which such accessory uses operated or maintained, but not to include commercial use outside the principal building. 3. No conditional uses shall be al- lowed. Book 137 Regular Session, March 19, 2007 107 B. Lot and Bulk Reaulations. Development of land in the ID Institutional District shall be regulated as follows: The proposed Chlapaty Recreation and Wellness Center shall be constructed in sub- stantial conformance with the attached con- ceptual development plan and all final site development plans are to be approved in ac- cordance with provisions of the ID Institutional District regulations. C. Performance Standards The development and maintenance of uses in this ID Institutional District shall be es- tablished in conformance with Section 3- 5.2 of the Zoning Ordinance and the follow- ing standards: 1. That a storm water detention ba- sin shall be designed and built as part of the Chlapaty Center project subject to review and ap- proval by the City of Dubuque Engineering Department. The basin shall be constructed at the beginning of the project to pro- vide protection to downstream property. 2. That appropriate erosion and se- diment control will be installed prior to commencement of any land disturbing activity related to the Chlapaty project, including all required state and city permits related to erosion control. 3. New outdoor lighting shall utilize 72-degree cut-off lu- minaries, except new light- ing for Chalmers Field. 4. Landscaping shall be pro- vided in compliance with Section 4-5 of the Zoning Ordinance, and arborvitae shall be planted along the west property line to provide a buffer to the homes on Princeton Place. 5. All utilities including tele- phone and cable television shall be installed under- ground. 6. Final site development plans shall be submitted in accor- dance with Section 4-4 of the Zoning Ordinance. D. Parkina Reauirements The off-street parking require- ments for the principal permitted uses for the herein described ID Institutional District shall be regu- lated as follows:: 1. That one hundred and sixty (160) off-street parking spaces shall be provided in the new parking lot con- structed south of the Chla- paty Recreation and Well- ness Center. 2. Any significant expansion or reduction in the number of off-street parking spaces must be reviewed by Plan- ning Services staff for com- pliance with the adopted In- stitutional District regula- tions. E. Open Space and Recreational Areas Those areas not designated on the conceptual development plan for development shall be main- tained as open space, as defined by Section 8 of the Zoning Or- dinance by the property owner and/or association. F. Sian Reaulations The sign regulations shall be the same as that which are allowed in the ID Institutional District as established in Section 4-3.11 of the Zoning Ordinance. G. Additional Standards That all previously approved conceptual development plans are hereby amended to allow for the attached conceptual devel- opment plan. H. Transfer of Ownership Transfer of ownership or lease of property in this ID Institutional District shall include the transfer or lease agreement a provision that the purchaser or lessee ac- knowledges awareness of the conditions authorizing the estab- lishment of the district. I. Modifications Any modifications of this Ordin- ance must be approved by the City Council in accordance with zoning reclassification proceed- ings of Section 6 of the Zoning Ordinance. J. Recording A copy of this ordinance shall be recorded at the expense of the property owners. with the Dubu- que County Recorder as a per- manent record of the conditions accepted as part of this reclassi- fication approval within thirty (30) days of the adoption of this or- dinance. This ordinance shall be binding upon the undersigned and all his/her heirs, successors and assignees. Section 3. That the foregoing amendment has heretofore been reviewed by the Zoning 108 Regular Session, March 19, 2007 Book 137 Commission of the City of Dubuque, Iowa. Section 4. That the foregoing amendment shall take effect upon publication, as provided by law. Passed, approved, and adopted the 19t" day of March, 2007. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald Newspaper the 6t" day of April, 2007. /s/Jeanne F. Schneider, CMC, City Clerk Mayor Buol returned to the proceedings, taking over the meeting from Mayor Pro Tem Braig. Eagle Point Park Fee Collector's Building Project: Proof of publication on notice of public hearing to consider adoption of the plans and specifications, form of contract and estimated cost for the Eagle Point Park Fee Collector's Building Project and City Manager recom- mending award of the contract to Klauer Con- struction Company in the amount of $229,804. Motion by Michalski to receive and file the documents and adopt Resolution No. 168-07 Adopting plans and specifications, form of con- tract and estimated cost, Resolution No. 169- 07 Awarding contract, and Resolution No. 170- 07 Approving construction contract with Klauer Construction Company for the Eagle Point Park Fee Collector's Building Project. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 168-07 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS WHEREAS, on the 5th day of February, 2007, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Eagle Point Park Fee Collector's Building Project. WHEREAS, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby ap- proved as the plans, specifications, form of contract and estimated cost for said improve- ments for said project. Passed, approved and adopted this 19th day of March, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Park Fee Collector's Building Project pursuant to Resolution No. 62-07, and notice to bidders published in a newspaper published in the City of Dubuque, Iowa, on the 9th day of February, 2007. WHEREAS, said sealed proposals were opened and read on the 8th day of March, 2007, and it has been determined that the bid of Klauer Construction Company in the amount of $229,804 was the lowest bid for the furnish- ings of all labor and materials and performing the work as provided for in the plans and spe- cifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above improve- ment be awarded to Klauer Construction Company, and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to re- turn the bid deposits of the unsuccessful bid- ders. Passed, approved and adopted this 19th day of March, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 170-07 APPROVING CONSTRUCTION CONTRACT WITH KLAUER CONSTRUCTION COMPANY FOR THE EAGLE POINT PARK FEE COL- LECTOR'S BUILDING PROJECT Whereas, the City Council by Resolution No. 169-07 awarded the construction contract for the Eagle Point Park Fee Collector's Build- ing Project to Klauer Construction Company; and Whereas Klauer Construction Company has submitted the attached executed contract and bond. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 1. The contract and bond at- tached hereto are hereby approved. 2. The City Manager is hereby au- thorized and directed to execute the contract on behalf of the City of Dubuque. Passed, approved and adopted this 19th day of March, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 169-07 AWARDING CONTRACT WHEREAS, sealed proposals have been submitted by contractors for the Eagle Point Federal Building Rehabilitation Project: Proof of publication on notice of public hearing to consider adoption of the plans and specifi- Book 137 Regular Session, March 19, 2007 109 cations, form of contract and estimated cost for the Federal Building Rehabilitation Project and City Manager recommending award of the contract to Tricon General Construction. Mo- tion by Connors to receive, file, and adopt Resolution No. 171-07 Approval of plans and specifications, form of contract, and estimated cost for the Federal Building Renovation Project, Resolution No. 172-07 Awarding con- tract for the Federal Building Renovation Project to Tricon General Construction, and Resolution No. 173-07 Approving construction contract for the Federal Building Renovation Project with Tricon General Construction. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 171-07 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND REVISED ES- TIMATED COST FOR THE FEDERAL BUILDING RENOVATION PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Federal Building Renovation Project, in the estimated amount $3,587,000.00, are hereby approved. Passed, adopted and approved this 19t" day of March, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 172-07 AWARDING PUBLIC IMPROVEMENT CON- TRACT FOR THE FEDERAL BUILDING RE- NOVATION PROJECT Whereas, sealed proposals have been submitted by contractors for the Federal Build- ing Renovation Project (the Project) pursuant to Resolution No. 92-07 and Notice to Bidders published in a newspaper published in the City of Dubuque, Iowa on the 21St day of February, 2007. Whereas, said sealed ~roposals were opened and read on the 14t day of March, 2007 and it has been determined that Tricon General Construction of Dubuque, Iowa, with a bid in the amount of $1,685,200.00, is the low- est 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 Tricon General Construction and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. Passed, approved and adopted this 19t" day of March, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 173-07 APPROVING THE PUBLIC IMPROVEMENT CONTRACT AND BOND WITH TRICON GENERAL CONSTRUCTION FOR THE FEDERAL BUILDING RENOVATION PROJECT Whereas the City Council by Resolution No. 172-07 awarded Public Improvement Con- tract for the Federal Building Renovation Project to Tricon General Construction; and Whereas Tricon General Construction has submitted the attached executed Public Im- provement Contract and bond. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The Public Improvement Contract and bond attached hereto are hereby approved. Passed, approved and adopted this 19t" day of March, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Upon motion the rules were reinstated li- miting discussion to the City Council. ACTION ITEMS Residential Parking Permit District (First Reading on March 5, 2007): Communication from John L. Burgart, Superintendent of Schools, to Hempstead neighbors regarding concerns related to parking on residential streets near the school. Communication from Kim Ruhter (2065 Admiral St.) regarding the Hempstead parking issue. Superintendent of Schools John Burgart was invited to speak regarding the school district's efforts to resolve the issue and acknowledged no immediate solution. After discussion, Connors moved to receive and file and further moved that the requirement that a proposed ordinance be considered and voted on for passage at two Council meeting prior to the meeting at which it is to be finally passed be suspended. Seconded by Jones. Motion failed 5-2 with Michalski and Cline voting nay. Motion by Lynch designating this the second reading of the Ordinance Amending the Code of Ordin- ances of the City of Dubuque, Iowa, by adopt- ing anew Section 32-401 providing for the designation of Phyllrich Drive between Keys- tone Drive and Keymont Drive as a Residential Parking Permit District. Seconded by Connors. Motion carried 5-2 with Michalski and Cline voting nay. Site Plan -Lake Ridge Drive Zoning Advi- sory Commission recommending approval of the site plan for a dental office on Lake Ridge 110 Regular Session, March 19, 2007 Book 137 Drive and eliminating the access to Starlight Drive. Motion by Connors to receive, file and approve. Seconded by Braig. Motion carried 7- 0. Sexual Offender Residency Requirements: City Manager recommending approval of a resolution in support of repealing Iowa Code §692A.2A relating to the 2000-foot sexual of- fender residency restriction and replacing it with child safe zone legislation. Motion by Jones to adopt Resolution No. 174-07 Urging the repeal of Iowa Code §692A.2A and replac- ing it with Child Safe Zone Iowa Legislation. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 174-07 URGING THE REPEAL OF IOWA CODE §692A.2A AND REPLACING IT WITH CHILD SAFE ZONE IOWA LEGISLATION Whereas, the Dubuque City Council has considered the issues of the ineffectiveness and the expenditure of law enforcement re- sources related to sex offender registry restric- tions resulting from Iowa Code § 692A.2A; and Whereas, the Iowa League of Cities, the Iowa County Attorney's Association, Prevent Child Abuse Iowa, the Iowa Coalition Against Sexual Assault, the Iowa Association of School Boards, the Iowa State Association of Coun- ties, the Iowa Association of Chiefs of Police and Peace Officers, the Iowa State Sheriff's and Deputies' Association, and not less than seven other professional Iowa groups and associations support the repeal of Iowa Code § 692A.2A and the implementation of child safe zones; and Whereas, the Dubuque City Council desire to express their support for the repeal of Iowa Code §692A.2A and its replacement with child safe zones. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Iowa General Assem- bly and the Governor of Iowa should repeal Iowa Code §692A.2A and replace it with child safe zone legislation. Passed, approved and adopted this 19t" day March, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk COUNCIL MEMBER REPORTS Michalski reported that the St. Patrick's Day parade conflicted with Mass and a fun- draiser at St. Patrick's Church adding that the City's permit process should include contacting affected businesses. Mayor Buol will be giving the State of the City address at 7:00 p.m. on March 26, 2007, in the public library auditorium. Braig reported that the process by which agencies can apply for a Purchase of Services contract with the City needs to be defined to give additional agencies the opportunity to apply for City funds. Council concurred that this topic should be addressed at the next City Council Strategic Planning session. There being no further business, upon motion the meeting was adjourned at 8:58 p.m. /s/ Jeanne F. Schneider, CMC City Clerk Bowling and Beyond Lease Extension: City Attorney providing information regarding the notice from Bowling and Beyond Dubuque, Inc., to exercise the options to extend their lease for an additional fifty years. Motion by Cline to receive and file. Seconded by Con- nors. Motion carried 7-0. Book 137 Regular Session, April 2, 2007 111 CITY OF DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS The Dubuque City Council met in regular session at 6:30 p.m. on April 2, 2007, in the Public Library Auditorium. Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michals- ki, City Manager Van Milligen; City Attorney Lindahl Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of reviewing such matters which may properly come before the Council. Invocation was provided by Reverend Judy Wadding, Chaplain, Hillcrest Family Services. PROCLAMATIONS America's Promise Day -April 2, 2007, accepted by Jane Steele, 2371 Carter Rd.; Square Dance Week -April 2, 2007, accepted by Bill and Barb Zubler, 1920 Carter Road; Architecture Month -April, 2007, accepted by Kevin Eipperle, 1133 Arrowhead; Boost Your Hometown Month -April, 2007, accepted by Michael Duehr, 1575 Wood Street; Retired and Senior Volunteer Week -April 15 - 21, 2007, accepted by Bob Schroeder, Finley Hospital, 350 N. Grandview. CONSENT ITEMS Motion by Cline to receive, file, refer to staff, and adopt resolutions where specified. Seconded by Lynch. Braig requested (#7) In- stallation of Sidewalks on John F. Kennedy Road be held for separate discussion. Motion passed 7-0. Trust Company v. Shane P. Klaas and City of Dubuque; Drew Cook and Sons Excavating Company, Inc. for loss of revenue; Jerome F. Ehlers for property damage; Lorraine A. Kel- leher for property damage; Jacqueline Moeller for vehicle damage; Jeremy Moses for vehicle damage; Benjamin A. Shaw for property dam- age; Washington Mutual Bank vs. City of Du- buque et al; Richard Wertzberger for property damage; Lori Ziegenfuss for property damage; upon motion received, filed, and referred to City Attorney. City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Com- munities Assurance Pool: David T. Buse for vehicle damage; Drew Cook and Sons Exca- vating Co., Inc. for loss of revenue; Melanie Flesch for vehicle damage; Jeremy Moses for vehicle damage; Benjamin Shaw for property damage; Richard Wertzberger for property damage; City Attorney recommending settle- ment of the claim of Jacqueline Moeller for vehicle damage and directing the Finance De- partment to issue payment, upon motion re- ceived, filed, and concurred. Legislative Correspondence: Communica- tions to Senator Tom Rielly and Senator Larry Noble urging support for creation of the Trans- portation Investment Moves the Economy in the 21St Century (TIME-21) fund. Communica- tion to State Legislators urging opposition to SF 554 in its current form and any legislation that prevents a community from acquiring a cable television franchise that best meets the needs of its citizens, upon motion received and filed. Indemnification Agreement with Loras Col- lege: City Manager recommending approval of the Mutual Indemnification Agreement with Loras College, upon motion received, filed, and approved. Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 1/23; City Council of 3/19; Civil Service Commission of 3/1; Historic Preservation Commission of 3/15; Housing Code Appeals Board of 8/15/06; Housing Commission of 2/27; Long Range Planning Advisory Commission of 3/14; Park and Recreation Commission of 3/13, upon motion received and filed. Proofs of publication of City Council Pro- ceedings of 2/26, 2/27, 3/1, 3/5, 3/7, and 3/8/2007 and List of Claims and Summary of Revenues for Month Ending 2/28/07, upon motion received and filed. Notice of Claims/Suits: David T. Buse for vehicle damage; Deutsche Bank National Valentine Park 28E Agreement: City Man- ager recommending approval of the renewal of a 28E Agreement with the Dubuque Communi- ty School District for approximately twelve acres of land off Valentine Drive for develop- ment of Valentine Park, upon motion received, filed, and approved. ADA Compliance: Communication from Katrina Wilberding, Director of Proudly Ac- cessible Dubuque, regarding ADA compliance, upon motion received and filed. Installation of Sidewalks on John F. Ken- nedy Road: Communication from Dolores G. Maggio, 2343 Gordon Drive, in opposition to the installation of sidewalks on John F. Ken- 112 Regular Session, April 2, 2007 Book 137 nedy Road. Braig reiterated for the record that Council has requested a report from staff to help decide the next step. It will not be a public hearing when it returns to Council. Michalski said she has received numerous a-mails and recommended forwarding them to the City Clerk to insure public disclosure. Motion by Braig to receive and file. Seconded by Cline. Motion carried 7-0. Interstate Power and Light Company Elec- tric Facilities Extension Agreement: City Man- ager recommending approval of an agreement with Interstate Power and Light Company to activate the second power pedestal for electric service on the easterly side of Chavenelle Road in Dubuque Industrial Center West, upon motion received, filed, and approved. Cedar Ridge Farm Place No. 7: City Man- ager recommending acceptance of the public improvements that the developer, Nemmers Cedar Ridge Farm, LP, has recently com- pleted in Cedar Ridge Farm Place No. 7. Upon motion received and filed and Resolution No. 175-07 Accepting improvements in Cedar Ridge Farm Place No. 7 was adopted. RESOLUTION NO. 175-07 ACCEPTING IMPROVEMENTS IN CEDAR RIDGE FARM PLACE NO. 7 Whereas, pursuant to Resolution No. 489- 04, certain public improvements including street paving with curb, sanitary sewer main, watermain, storm sewers and catch basins, boulevard street lighting, and a stormwater detention facility were installed by the devel- oper of Cedar Ridge Farm Place No. 7. Whereas, the improvements have been completed and the City Manager has ex- amined the work and has filed a certificate stating that the same has been completed in accordance with the plans approved by the City Council and in conformance with City specifications, and has recommended that the improvements be accepted by the City Coun- cil. 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 public improvements in Cedar Ridge Farm Place No. 7 be and the same are hereby accepted. Section 2. That maintenance of said im- provements shall be the responsibility of the contractor and owner for a period of two (2) years from this date. Passed, approved and adopted this 2nd day of April, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Fifth Street Reconstruction Project -Alpine Street to Delhi Street: City Manager recom- mending approval of an amendment to the final assessment schedule for the Fifth Street Reconstruction Project -Alpine Street to Delhi Street. Upon motion received, filed, and Reso- lution 176-07 Rescinding Resolution No. 74-07 and adopting in lieu thereof a revised final schedule of assessments for the Fifth Street Reconstruction Project -Delhi Street to Alpine Street was adopted. RESOLUTION NO. 176-07 RESCINDING RESOLUTION 74-07 AND ADOPTING IN LIEU THEREOF A REVISED FINAL SCHEDULE OF ASSESSMENTS FOR THE 5T" STREET RECONSTRUCTION PROJECT - DELHI STREET TO ALPINE STREET Whereas, the City Council passed Resolu- tion 74-07, dated February 20, 2007, approv- ing the Final Schedule of Assessments for the reconstruction of 5t" Street from Delhi Street to Alpine Street; and Whereas, it has been determined that the Final Schedule of Assessments incorrectly charged three properties in the special as- sessment district for services outside of the project scope. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the attached Revised Final Schedule of Assessments, as shown on the attached sheets, 1 to 3 inclusive, is hereby determined for the reconstruction of 5t" Street from Delhi Street to Alpine Street and the re- vised special assessments herein are hereby approved. Passed, approved and adopted this 2nd day of April, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk WEST 5TH STREET RECONSTRUCTION PROJECT (ALPINE TO DELHI) REVISED FINAL SCHEDULE OF ASSESSMENTS PROPERTY OWNER NAME, LOT DESCRIP- TION, PARCEL NUMBER, TOTAL NET AS- SESSMENT THE FINLEY HOSPITAL, Lot 2 Finley Home Addition, 10-26-234-038, $40.23 THE FINLEY HOSPITAL, Lot 3 Finley Home Addition, 10-26-234-038, $233.35 THE FINLEY HOSPITAL, Lot 4 Finley Home Addition, 10-26-234-038, $717.53 THE FINLEY HOSPITAL, Lot 5 Finley Home Addition, 10-26-234-003, $2,192.13 THE FINLEY HOSPITAL, Lot 1-6 Finley Home Addition, 10-26-234-003, $463.89 THE FINLEY HOSPITAL, Lot 2-6 Finley Home Addition, 10-26-234-004, $1,078.22 Book 137 Regular Session, April 2, 2007 113 THE FINLEY HOSPITAL, Lot 2A Finley Home Addition, 10-26-234-020, $226.35 THE FINLEY HOSPITAL, Lot 4A Finley Home Addition, 10-26-234-020, $48.63 THE FINLEY HOSPITAL, Lot 6A Finley Home Addition, 10-26-234-039, $922.54 THE FINLEY HOSPITAL, Lot 7A Finley Home Addition, 10-26-234-019, $229.50 THE FINLEY HOSPITAL, Lot 7 Finley Home Addition, 10-26-234-005, $1,588.64 THE FINLEY HOSPITAL, Lot 8 Finley Home Addition, 10-26-234-006, $1,031.69 THE FINLEY HOSPITAL, Lot 8A Finley Home Addition, 10-26-234-018, $1,259.09 THE FINLEY HOSPITAL, Lot 9 Finley Home Addition, 10-26-234-007, $630.07 THE FINLEY HOSPITAL, Lot 2-2-10 & 11 Finley Home Addition, 10-26-234-008, $255.04 THE FINLEY HOSPITAL, Lot A Finley Home Addition, 10-26-234-008, $8.05 THE FINLEY HOSPITAL, Lot 12 Finley Home Addition, 10-26-234-021, $225.30 THE FINLEY HOSPITAL, Lot 13 Finley Home Addition, 10-26-234-021, $154.63 THE FINLEY HOSPITAL, Lot 14 Finley Home Addition, 10-26-234-021, $131.19 THE FINLEY HOSPITAL, Lot 15 Finley Home Addition, 10-26-234-021, $90.61 THE FINLEY HOSPITAL, Lot 1 of Minards Subdivision, 10-26-234-009, $154.63 THE FINLEY HOSPITAL, Lot 2 of Minards Subdivision, 10-26-234-010, $22.04 CANGANELLI, MICHAEL D, Lot 2-1-18 of Newberry & Hales Sub, 10-26-277-001, $1, 085.58 LAIRD, WAYNE L, Lot 1-1-18 of Newberry & Hales Sub, 10-26-277-002, $2,767.64 AVERKAMP, BRADLEY J &, Lot 2-18 of Newberry & Hales Sub, 10-26-277-003, $1, 996.88 ZUGENBUEHLER, CHARLES A &, Lot 17 of Newberry & Hales Sub, 10-26-277-004, $3, 723.50 MC GOVERN, THOMAS C, Lot 16 of New- berry & Hales Sub, 10-26-277-005, $3,723.50 BENTER, RITA M, Lot 15 of Newberry & Hales Sub, 10-26-277-006, $3,676.50 LUMLEY, ALAN P, Lot 14 of Newberry & Hales Sub, 10-26-277-007, $1,850.43 CUE, STEVEN G, Lot 1-13 of Newberry & Hales Sub, 10-26-277-015, $2,445.81 HARRIS, BRIAN C, Lot 2-13 of Newberry & Hales Sub, 10-26-277-016, $361.41 DUREY, RUTH ANN, Lot 12 of Newberry & Hales Sub, 10-26-277-017, $376.20 PREGLER, JOHN T, Lot 1-11 of Newberry & Hales Sub, 10-26-277-018, $173.81 GRIMME, KATHLEEN M, Lot 2-11 of New- berry & Hales Sub, 10-26-277-019, $21.85 GRIMME, KATHLEEN M, Lot 1-10 of New- berry & Hales Sub, 10-26-277-019, $89.43 GIUNTA, JOHN J & AMY S, Lot 2-19 of Newberry & Hales Sub, 10-26-277-008, $242.40 GIUNTA, JOHN J & AMY S, Lot 1-19 of Newberry & Hales Sub, 10-26-277-008, $310.65 BERG, DAVID A, Lot 20 of Newberry & Hales Sub, 10-26-277-009, $183.23 BERG, DAVID A, N. 25' of Lot 21 of New- berry & Hales Sub, 10-26-277-009, $70.60 KOURPIAS, COSTI, S. 25' of Lot 21 of Newberry & Hales Sub, 10-26-277-010, $53.46 KOURPIAS, COSTI, Lot 22 of Newberry & Hales Subdivision, 10-26-277-011, $13.45 KALB, MICHAEL J & JUDY ZAHREN-, Lot 1-1-1-1 of Bartels Sub, 10-26-235-012, $6,695.27 CARSON, KARA L, Lot 2-1-1-1 of Bartels Sub, 10-26-235-011, $402.43 LATTNER, DEWANE E & JOAN J, Lot 2-1-1 of Bartels Sub, 10-26-235-013, $1,898.51 BREITBACH, SHAWN J & MICHELLE, Lot 19 of SM Landworthy's Add, 10-26-235-014, $4,234.34 LUND, JAMISON R, Lot 18 of SM Landwor- thy's Add, 10-26-235-015, $2,737.35 LUND, JAMISON R, W. 10' of Lot 17 of SM Landworthy's Add, 10-26-235-015, $370.49 DRISCOLL, DAVID M & PEGGY A, E. 40' of Lot 17 of SM Landworthy's Add, 10-26-235- 016, $4,015.80 BILLMEYER, THOMAS P, W. 1/2 of Lot 16 of SM Landworthy's Add, 10-26-235-017, $1,847.10 MILLER, EUGENE & SHIRLEY, E. 1/2 of Lot 16 of SM Landworthy's Add, 10-26-235- 018, $1,847.10 STEGER, RAYMOND R & BEVERLY W, Lot 15 of SM Landworthy's Add, 10-26-235-019, $2, 984.77 JOHNS, DAVID A & JOYCE L, Lot 14 of SM Landworthy's Add, 10-26-235-020, $4,354.40 MELOY, THERESE A, DENNIS M &, Lot 13 of SM Landworthy's Add, 10-26-235-021, $1, 879.34 BCJM LLC., Lot 2-A-12 of SM Landworthy's Add, 10-26-236-007, $2,256.30 DE MUTH, ROBERT R & DORIS A, Lot 1-A- 12 of SM Landworthy's Add, 10-26-236-006, $187.60 HEFEL, LEON A & SANDRA L, Lot 2-B-12 of SM Landworthy's Add, 10-26-236-008, $1, 236.56 DE MUTH, ROBERT R & DORIS A, Lot 1-B- 12 of SM Landworthy's Add, 10-26-236-006, $47.07 HEFEL, LEON A & SANDRA L, Lot 2-A-11 of SM Landworthy's Add, 10-26-236-008, $1,315.88 DE MUTH, ROBERT R & DORIS A, Lot 1-A- 11 of SM Landworthy's Add, 10-26-236-006, $187.60 BURKE, ANTHONY D, Lot 2-B-11 of SM Landworthy's Add, 10-26-236-009, $2,771.20 114 Regular Session, April 2, 2007 Book 137 DE MUTH, ROBERT R & DORIS A, Lot 1-B- 11 of SM Landworthy's Add, 10-26-236-006, $47.07 BURKE, ANTHONY D, Lot 2-A-10 of SM Landworthy's Add, 10-26-236-009, $1,456.41 DE MUTH, ROBERT R & DORIS A, Lot 1-A- 10 of SM Landworthy's Add, 10-26-236-006, $47.07 STEVENS, DAVID M & RUBY M, Lot B-10 of SM Landworthy's Add, 10-26-236-010, $2,817.93 STEVENS, DAVID M & RUBY M, Lot 9 of SM Landworthy's Add, 10-26-236-010, $1,628.88 STEVENS, DAVID M & RUBY M, E 130' of Lot 24 of SM Landworthy's Add, 10-26-236- 010, $15.13 HUFF, VICKIE L, Lot 30 of SM Landworthy's Add, 10-26-236-005, $208.78 NIELSEN, MARVIN & EDNA, Lot 1-1 of Newberry & Hales Sub, 10-26-278-002, $2, 751.57 STIPANOVICH, DAVID L &BRIDGET, Lot 2-1 of Newberry & Hales Sub, 10-26-278-001, $442.77 STIPANOVICH, DAVID L &BRIDGET, Lot 2 of Newberry & Hales Sub, 10-26-278-001, $2,179.90 BRADY, JAMES EDWARD, Lot 3 of New- berry & Hales Sub, 10-26-278-008, $367.46 GROBSTICK, STEVEN M & MEIKKA S, Lot 4 of Newberry & Hales Sub, 10-26-278-009, $185.24 BALK, RICKY F & HEIDI J, Lot 5 of Newber- ry & Hales Sub, 10-26-278-010, $130.44 VAN ZILE, SHAUN RYAN & JULIE A, N. 38' of Lot 6 of Newberry & Hales Sub, 10-26-278- 011, $29.25 TWINING, ROBERT T & CONSTANCE, Lot 2 of SM Landworthy's Add, 10-26-278-020, $32.95 KING, DAVID J & STEFFANY L, Lot 3 of SM Landworthy's Add, 10-26-278-019, $235.67 KELLEHER, THOMAS R II & KART M, Lot 4 of SM Landworthy's Add, 10-26-278-018, $323.76 LIVELY, MICHAEL E & SHARON K, N. 62'10" of the N 112'10" Lot 5 SM Landworthy's Add, 10-26-278-007, $1,366.31 LIVELY, MICHAEL E & SHARON K, S. 50' of the N 112'10" Lot 5 SM Landworthy's Add, 10-26-278-007, $399.07 KOTZ, DAVID J SR & ROSE A, S. 50' of Lot 5 of SM Landworthy's Add, 10-26-278-017, $206.09 Coberley, Adam R, N. 112'10" of Lot 6 of SM Landworthy's Add, 10-26-278-006, $3,624.43 KOTZ, DAVID J SR & ROSE A, S. 50' of Lot 6 of SM Landworthy's Add, 10-26-278-017, $206.09 SZYMANSKI, GEORGE L, Lot 7 of SM Landworthy's Add, 10-26-278-005, $2,944.88 KUETER, CHRISTOPHER J & GRETCHEN S, Lot 1-8 of SM Landworthy's Add, 10-26- 278-004, $1,701.83 GRINDE, LISA R, Lot 2-8 of SM Landwor- thy's Add, 10-26-278-003, $2,421.09 SMITH, MAUREEN E & RICHARD W, Lot 2- 31 of SM Landworthy's Add, 10-26-236-019, $2, 555.44 MC CARRON, ROBERT J & SUSAN K, Lot 1-31 of SM Landworthy's Add, 10-26-236-018, $1,234.18 MC CARRON, ROBERT J & SUSAN K, S. 2' of Lot 32 of SM Landworthy's Add, 10-26- 236-018, $30.59 ROETH, AARON J, N. 48' of Lot 32 of SM Landworthy's Add, 10-26-236-017, $862.68 KOMPARE, JOHN A, Lot 33 of SM Land- worthy's Add, 10-26-236-016, $430.67 Marty, Mark O & Robin L ,Lot 34 of SM Landworthy's Add, 10-26-236-015, $181.21 DUBUQUE COMMUNITY SCHOOL, Lot 1 of Mineral Lot 80, 10-26-237-003, $303.32 DUBUQUE COMMUNITY SCHOOL, Lot 2 of Mineral Lot 80, 10-26-237-003, $330.60 DUBUQUE COMMUNITY SCHOOL, Lot 3 of Mineral Lot 80, 10-26-237-003, $176.32 DUBUQUE COMMUNITY SCHOOL, Lot 24 of Bradstreets Dubuque, 10-26-237-003, $1,817.79 DUBUQUE COMMUNITY SCHOOL, Lot 23 of Bradstreets Dubuque, 10-26-237-003, $1, 893.36 DUBUQUE COMMUNITY SCHOOL, Lot 22 of Bradstreets Dubuque, 10-26-237-003, $1, 954.58 DUBUQUE COMMUNITY SCHOOL, Lot 21 of Bradstreets Dubuque, 10-26-237-003, $2, 001.11 DUBUQUE COMMUNITY SCHOOL, Lot 20 of Bradstreets Dubuque, 10-26-237-003, $2, 039.59 WILLIAMS, MARY ELLEN, Lot 1 of Brad- streets Dubuque, 10-25-105-032, $1,750.24 MC GINNIS, MICHAEL DANIEL & MARY SUE, Lot 2 of Bradstreets Dubuque, 10-25- 105-033, $2,856.57 O'MARA, THOMAS J &BRIGITE, Lot 3 of Bradstreets Dubuque, 10-25-105-034, $4, 395.56 O'MARA, THOMAS J &BRIGITE, Lot 2-4 of Bradstreets Dubuque, 10-25-105-034, $392.68 AREA RESIDENTIAL CARE FOUNDATION, Lot 1-2-1-4 of Bradstreets Dubuque, 10-25- 105-035, $1,273.52 MUNZ, GABRIEL M, Lot 2-2-1-4 of Brad- streets Dubuque, 10-25-105-031, $56.82 MUNZ, GABRIEL M, Lot 1-1-4 of Brad- streets Dubuque, 10-25-105-031, $181.88 AREA RESIDENTIAL CARE FOUNDATION, Lot 1-2-5 of Bradstreets Dubuque, 10-25-105- 035, $1,760.33 MUNZ, GABRIEL M, Lot 2-2-5 of Brad- streets Dubuque, 10-25-105-031, $65.22 Book 137 Regular Session, April 2, 2007 115 MUNZ, GABRIEL M, Lot 1-5 of Bradstreets Dubuque, 10-25-105-031, $209.45 COLE, MYRON B, S. 40' of Lot 6 of Brad- streets Dubuque, 10-25-105-030, $169.78 COLE, MYRON B, N. 10' of Lot 6 of Brad- streets Dubuque, 10-25-105-030, $35.97 DUSTER, ROGER F & CAROL J, Lot 7 of Bradstreets Dubuque, 10-25-105-029, $142.55 PECHOUS, NANCY J, Lot 8 of Bradstreets Dubuque, 10-25-105-028, $61.19 MC DONALD, RAYMOND P ETAL, Lot 17 of Bradstreets Dubuque, 10-25-105-016, $105.57 WAGNER, MARC N & SWEENEY, Levi J, N. 40' of Lot 18 of Bradstreets Dubuque, 10- 25-105-017, $127.08 REITER, JEFFREY L, S. 10' of Lot 18 of Bradstreets Dubuque, 10-25-105-018, $42.36 REITER, JEFFREY L, N. 25' of Lot 19 of Bradstreets Dubuque, 10-25-105-018, $123.72 MOYER, STANLEY R & CAROL J, S. 25' of Lot 19 of Bradstreets Dubuque, 10-25-105- 019, $176.50 LENSTRA, TERRANCE P & JULIE L, W. 24 2/3' - N. 117' 6" -Lot 23 of T.S. Nairns Dubu- que, 10-26-279-001, $884.54 FUERST, STEVEN A, E. 25 1/3' - N. 117' 6" - Lot 23 of T.S. Nairns Dubuque, 10-26-279- 002, $908.07 KERSCH, MATTHEW J & COLLEEN M, S. 46' of Lot 24 of T.S. Nairns Dubuque, 10-26- 279-005, $180.87 FUERST, STEVEN A, N. 117' 6" of Lot 24 of T.S. Nairns Dubuque, 10-26-279-002, $1, 792.60 KERSCH, MATTHEW J & COLLEEN M, S. 46' of Lot 24 of T.S. Nairns Dubuque, 10-26- 279-005, $180.87 TOPF, MARK & ELIZABETH M, Lot 25 of T.S. Nairns Dubuque, 10-26-279-003, $2, 946.90 TOPF, MARK & ELIZABETH M, W. 7' 6" - Lot 26 of T.S. Nairns Dubuque, 10-26-279- 003, $295.85 MULLOWNEY, ANTHONY J, E. 42.5 -Lot 26 of T.S. Nairns Dubuque, 10-26-279-004, $2,584.71 HUSEMANN, MARION DIANN, Lot 1-27 of T.S. Nairns Dubuque, 10-25-151-001, $2, 836.40 OLSEN, MATTHEW C, Lot 2-27 of T.S. Nairns Dubuque, 10-25-151-002, $517.74 HEITZMAN, JILL M & RESSLER,ROBERT W, Lot 7 of T.S. Nairns Dubuque, 10-26-279- 015, $186.25 GOFFINET, MARY J, Lot 8 of T.S. Nairns Dubuque, 10-26-279-016, $136.83 GUINTA, RICHARD, Lot 9 of T.S. Nairns Dubuque, 10-26-279-017, $18.15 DRURY, ROBERT N & POLLY J, N. 20' of Lot 20 of T.S. Nairns Dubuque, 10-26-279- 008, $18.49 DRURY, ROBERT N & POLLY J, S. 20' of Lot 21 of T.S. Nairns Dubuque, 10-26-279- 008, $52.45 CORRIGAN, GERALD T & ANNA M, N. 30' of Lot 21 of T.S. Nairns Dubuque, 10-26-279- 007, $86.40 CORRIGAN, GERALD T & ANNA M, S. 10' of Lot 22 of T.S. Nairns Dubuque, 10-26-279- 007, $32.27 OLDS, ROY D & ANGELA M, N. 40' of Lot 22 of T.S. Nairns Dubuque, 10-26-279-006, $157.00 BENDA, DENNIS E & CHRISTINE A, Lot 2- 2-1-1-33 of T.S. Nairns Dubuque, 10-25-152- 001, $4,023.45 BEHR, RICHARD J & PAULA J, Lot 1-2-1-1- 33 of T.S. Nairns Dubuque, 10-25-152-002, $3, 361.60 HAMILL, DONALD E & JANICE A, Lot 1-1- 1-33 of T.S. Nairns Dubuque, 10-25-152-012, $6, 824.87 GRANT, JAMES W & LEONA E Trust ,Lot 1-2-33 of T.S. Nairns Dubuque, 10-25-152- 013, $1,014.98 GRANT, JAMES W & LEONA E Trust ,Lot 2-2-33 of T.S. Nairns Dubuque, 10-25-152- 014, $124.73 KLUSEMAN, RALPH D, S. 1/2 -2-1-33 of T.S. Nairns Dubuque, 10-25-152-004, $287.78 GANSEMER, RAYMOND M, N. 1/2 -2-1-33 of T.S. Nairns Dubuque, 10-25-152-003, $503.96 KINGSLEY, ROBERT W & KATHLEEN, Lot 28 of T.S. Nairns Dubuque, 10-25-152-015, $65.89 GRANT, JAMES W & LEONA E Trust ,Lot 1-6 of T.S. Nairns Dubuque, 10-25-152-014, $350.65 OPPELT, ROGER A, Lot 1-2-6 of T.S. Nairns Dubuque, 10-25-152-005, $223.91 KONRARDY, CYRIL N & ZONE M, Lot 2-2-6 of T.S. Nairns Dubuque, 10-25-152-006, $116.66 $162, 362.16 Financing for Port of Dubuque Parking Ramp: City Manager recommending approval of a Financing Term Sheet with Robert W. Baird & Company for financing of the public parking ramp in the Port of Dubuque. Upon motion received, filed, and approved. Certificate of Completion - Chavenelle Warehouse Development, LLC: City Manager recommending approval of the issuance of a Certificate of Completion to the Developer acknowledging conditional completion of their obligations to construct Minimum Improve- ments as stipulated by the Chavenelle Ware- house Development, LLC Development Agreement for Theisen Supply, Inc., upon mo- tion received, filed, and approved. Demolition of Property at 620 Iowa Street: 116 Regular Session, April 2, 2007 Book 137 Historic Preservation Commission recom- mending City Council approval of a request to demolish the McDonald's Restaurant Building at 620 Iowa Street to construct a new facility, upon motion received, filed, and approved. Drug Awareness Resistance Education Contract: City Manager recommending ap- proval of the Drug Awareness Resistance Education (DARE) contract between the City of Dubuque, the Dubuque Community Schools, and the Holy Family Catholic Schools, upon motion received, filed, and ap- proved. Dubuque Metropolitan Area Solid Waste Agency: Communication from the Dubuque Metropolitan Area Solid Waste Agency advis- ing that the Board of Directors of the Agency voted unanimously to extend the Waste Deli- very Contract with the City of Dubuque for an additional one-year term, upon motion re- ceived and filed. Purchase of Replacement Tractor- Backhoe-Loader: City Manager recommending approval of the purchase of a replacement tractor-backhoe-loader for the Public Works Department at a cost of $67,799.44. Upon motion received, filed, and Resolution No. 177- 07 Approving expenditures in excess of $25,000 for certain purchases of goods and equipment was adopted. RESOLUTION N0.177-07 APPROVING EXPENDITURES IN EXCESS OF $25,000 FOR CERTAIN PURCHASES OF GOODS AND EQUIPMENT Whereas, the City Manager recom- mends the purchase of the following goods and equipment. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The purchase of the following are hereby approved: Item: John Deere 410J Tractor/Backhoe/Loader Purchase Price: $67,799.44 Vendor: Martin Equipment Company Passed, approved and adopted this 2nd day of April, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Tri-State Trail Vision: Communication from Dr. Charles Winterwood, Vice President of Tri- State Trail Vision, and expressing appreciation to the City for including the feasibility study for a hiking/biking trail along the middle fork of Catfish Creek in the FY 2008 budget and offer- ing assistance with the study, upon motion received and filed. Sustainable Design Assessment Team (SDAT): City Manager recommending approv- al for Four Mounds Executive Director Chris- tine Happ Olson to serve on the Sustainable Design Assessment Team Steering Commit- tee, upon motion received, filed, and ap- proved. Bricktown Update: City Manager submitting an update on the calls for service for Bricktown from November 1, 2006, to March 15, 2007, upon motion received and filed. Union-Hoermann Press: Communication from Union-Hoermann Press requesting to purchase a portion of a City street/alley abut- ting the property at 2175 Kerper Boulevard, upon motion received, filed, and referred to City Manager. Signed Contracts: Point of Service Plan - Amendment 1, Federal Building Renovation Project -Asbestos Removal, and Floodwall Improvement Projects -Change Orders #4 and #5, upon motion received and filed. Improvement Contracts / Performance, Payment and Maintenance Bonds: Historic Old Main Street -Lighting and Sidewalk Replace- ment Project, upon motion received and filed. Business Licenses: City Manager recom- mending approval of annual liquor license re- newals as submitted. Upon motion received, filed, and Resolution No. 178-07 Granting the issuance of one new license to sell cigarettes within the City; Resolution No. 179-07 Grant- ing the issuance of a Class "B" Beer Permit to McAleece Park Recreation Complex and a Class "C" Beer Permit to Hy-Vee Gas #3, Kwik Stop C-Store and Hy-Vee #3; and Resolution No. 180-07 Granting the issuance of a Class "C" Beer/Liquor License to Hudson's Classic Grill, Knights of Columbus, Marco's, West Du- buque Tap and Noonan's Tap; a Class "B" Wine Permit to Hy-Vee #3; and a Class "WBN" Wine Permit to Kwik Stop C-Store, Bluff Street Brew Haus, Hy-Vee Gas #3, and Park Farm Winery, were adopted. RESOLUTION NO. 178-07 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the following having complied with the provisions of law relating to the sale of Ciga- rettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Ciga- rette Papers within said City. NEW Hartig Drug Co. # 8, Hartig Drug Company, 1600 University Ave Passed, approved and adopted this 2nd day Book 137 Regular Session, April 2, 2007 117 of April, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 179-07 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been ex- amined 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 City of Dubuque, McAleece Park Rec Complex+(Sunday/Outdoor Sale), 1801 Ad- miral Sheehy CLASS "C" Hy-Vee Inc., Hy-Vee Gas # 3+(Sunday Sale), 300 Locust St Rainbo Oil Com., Kwik Stop C- Store+(Sunday Sale), 2335 University Ave Hy-Vee Inc., Hy-Vee # 3+(Sunday Sale), 400 Locust St Passed, approved and adopted this 2nd day of April, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 180-07 Whereas, applications for Liquor Licenses have been submitted to this Council for ap- proval 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 Ordin- ances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS "C" BEER/LIQUOR LICENSE Heim Enterprises Inc, Hudson's Classic Grill+(Sunday Sale), 2345 NW Arterial Knights of Columbus#510, Knight of Co- lumbus #510+(Sunday Sale), 781 Locust Street Marco's Inc, Marco's Italian American Food, 2022 Central Ave. Donna Ginter, West Dubuque Tap+(Sunday Sale), 1701 Asbury Road Mary Lou Kamp, Noonan's Tap+(Sunday Sale), 1618 Central Ave. CLASS "B" WINE Hy-Vee, Inc, Hy-Vee # 3, 400 Locust Street CLASS "WBN" WINE Rainbo Oil Co., Kwik Stop C-Store, 2335 University Ave. Jerry Anderson, Bluff Street Brew Haus, 372 Bluff Street Hy-Vee Inc, Hy-Vee Gas # 3, 300 Locust Street Park Farm Winery, Inc, Park Farm Winery, 236 Main Street Passed, approved and adopted this 2nd day of April, 2007 Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk ITEMS TO BE SET FOR PUBLIC HEARING Motion by Lynch to receive, file, adopt res- olutions, set public hearings as specified, and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Jones. Motion carried 7-0. 2007 Asphalt Paving Project: City Manager recommending initiation of the public bidding process for the 2007 Asphalt Paving Project and that a public hearing on the plans and specifications, form of contract, and estimated cost be set for April 16, 2007. Upon motion received, filed, and Resolution No.181-07 Pre- liminary approval of plans and specifications, form of contract, and estimated cost for the 2007 Asphalt Paving Project; Resolution No. 182-07 Setting date of hearing on plans and specifications, form of contract, and estimated cost for the 2007 Asphalt Paving Project; and Resolution No. 183-07 Ordering the adver- tisement for bids for the 2007 Asphalt Paving Project were adopted setting a public hearing at a meeting to commence at 6:30 p.m. on April 16, 2007, in the public library auditorium. RESOLUTION NO. 181-07 PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE 2007 AS- PHALT PAVING 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 2007 Asphalt Paving Project, in the estimated amount $902,085.38, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 2nd day of April, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 118 Regular Session, April 2, 2007 Book 137 RESOLUTION NO. 182-07 FIXING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATED COST FOR THE 2007 ASPHALT PAVING PROJECT Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary ap- proval to the proposed plans, specifications, form of contract, and estimated cost for the 2007 Asphalt Paving Project (the Project) and ordered the same to be on file in the office of the City Clerk for public inspection. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a public hearing will be held on the 16t" day of April, 2007, at 6:30 p.m. in the Pub- lic Library Auditorium 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 esti- mated cost of the Project. Passed, adopted and approved this 2nd day of April, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 183-07 ORDERING THE ADVERTISEMENT FOR BIDS FOR THE 2007 ASPHALT PAVING PROJECT NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the 2007 Asphalt Paving Project is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that 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. That 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 more than twenty days but not more than forty-five days before the date for filing bids at 2:00 p.m. on the 26t" day of April, 2007. 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 the City Council meeting to be held at 6:30 p.m. on the 7th day of May, 2007, in the Public Library Auditorium, 360 West 11t" Street, Dubuque, Iowa. Passed, adopted and approved this 2nd day of April, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Downtown Streetlight and Traffic Signaliza- tion Pole Painting Project: City Manager re- commending initiation of the public bidding process for the Downtown Streetlight and Traf- fic Signalization Pole Painting Project and that a public hearing on the plans and specifica- tions, form of contract, and estimated cost be set for April 16, 2007. Upon motion received, filed, and Resolution No. 184-07 Preliminary approval of plans and specifications, form of contract, and estimated cost for the Downtown Streetlight and Traffic Signalization Pole Paint- ing Project; Resolution No. 185-07 Setting date of hearing on plans and specifications, form of contract, and estimated cost for the Downtown Streetlight and Traffic Signalization Pole Painting Project; and Resolution No. 186- 07 Ordering the advertisement for bids for the Downtown Streetlight and Traffic Signalization Pole Painting Project were adopted setting a public hearing at a meeting to commence at 6:30 p.m. on April 16, 2007, in the public li- brary auditorium. RESOLUTION NO. 184-07 PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE DOWN- TOWN STREETLIGHT AND TRAFFIC SIG- NALIZATION POLE PAINTING 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 Downtown Streetlight and Traffic Signalization Pole Painting Project, in the estimated amount $73,668.54, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 2nd day of April, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 185-07 FIXING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATED COST FOR THE DOWNTOWN STREETLIGHT AND TRAFFIC SIGNALIZATION POLE PAINTING PROJECT Whereas, the City Council of the City of Book 137 Regular Session, April 2, 2007 119 Dubuque, Iowa has given its preliminary ap- proval to the proposed plans, specifications, form of contract, and estimated cost for the Downtown Streetlight and Traffic Signalization Pole Painting Project (the Project) and ordered the same to be on file in the office of the City Clerk for public inspection. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a public hearing will be held on the 16t" day of April, 2007, at 6:30 p.m. in the Pub- lic Library Auditorium 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 esti- mated cost of the Project. Passed, adopted and approved this 2nd day of April, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 186-07 ORDERING THE ADVERTISEMENT FOR BIDS FOR THE DOWNTOWN STREETLIGHT AND TRAFFIC SIGNALIZATION POLE PAINTING PROJECT NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the Downtown Streetlight and Traffic Signalization Pole Painting Project is hereby ordered to be advertised for bids for construc- tion. BE IT FURTHER RESOLVED, that 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. That 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 more than twenty days but not more than forty-five days before the date for filing bids at 2:00 p.m. on the 26t" day of April, 2007. 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 the City Council meeting to be held at 6:30 p.m. on the 7t" day of May, 2007, in the Public Library Au- ditorium, 360 West 11t" Street, Dubuque, Iowa. Passed, adopted and approved this 2nd day of April, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Port of Dubuque Outdoor Plaza -Phase I Project: City Manager recommending initiation of the public bidding process for the Port of Dubuque Outdoor Plaza - Phase I Project and that a public hearing on the plans and specifi- cations, form of contract, and estimated cost be set for May 7, 2007. Upon motion received, filed, and Resolution No. 187-07 Preliminary approval of plans and specifications, form of contract, and estimated cost for the Port of Dubuque Outdoor Plaza -Phase I Project; Resolution No. 188-07 Setting date of hearing on plans and specifications, form of contract, and estimated cost for the Port of Dubuque Outdoor Plaza - Phase I Project; and Resolu- tion No. 189-07 Ordering the advertisement for bids for the Port of Dubuque Outdoor Plaza - Phase I Project were adopted setting a public hearing for a meeting to commence at 6:30 p.m. on May 7, 2007, in the public library audi- torium. RESOLUTION NO. 187-07 PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE PORT OF DUBUQUE OUTDOOR PLAZA PHASE 1 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 Port of Dubuque Outdoor Plaza Phase 1, in the estimated amount $903,126, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 2nd day of April, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 188-07 FIXING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATED COST FOR THE PORT OF DUBUQUE OUTDOOR PLAZA PHASE 1 Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary ap- proval to the proposed plans, specifications, form of contract, and estimated cost for the Port of Dubuque Outdoor Plaza Phase 1 (the Project) and ordered the same to be on file in the office of the City Clerk for public inspec- tion. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 120 Regular Session, April 2, 2007 Book 137 DUBUQUE, IOWA: That a public hearing will be held on the 7t" day of May, 2007, at 6:30 p.m. in the Public Library Auditorium 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 esti- mated cost of the Project. Passed, adopted and approved this 2nd day of April, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 189-07 ORDERING THE ADVERTISEMENT FOR BIDS FOR THE PORT OF DUBUQUE OUT- DOOR PLAZA PHASE 1 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the Port of Dubuque Outdoor Plaza Phase 1 is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that 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. That 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 more than twenty days but not more than forty-five days before the date for filing bids at 2:00 p.m. on the 25th day of April, 2007. 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 the public hearing at 6:30 p.m. on the 7th day of May, 2007, in the Public Library Auditorium, 360 West 11t" Street, Dubuque, Iowa. Passed, adopted and approved this 2nd day of April, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Carnegie Stout Public Library Landmark Nomination: Communication from the Long Range Planning Advisory Commission re- commending that a public hearing be set for May 21, 2007, to consider approval of the nomination of Carnegie Stout Public Library as a historic landmark. Upon motion received, filed and approved setting a public hearing for a meeting to commence at 6:30 p.m. on May 21, 2007, at a in the public library auditorium. BOARDS/COMMISSIONS Applicants were invited to address the Council regarding their desire to serve on the following Boards/Commissions: Airport Com- mission: One unexpired term through Septem- ber 14, 2008, Term of Goodmann. Applicants: Sue Czeshinski, Terry Mozena, Eric Savage, Timothy Rink. Communication from Molly Grover in sup- port of Sue Czeshinski. Sue Czeshinski, 2203 Sunny Slope Dr., spoke in support of her ap- pointment. Molly Grover, 300 Main St., spoke in support of Sue Czeshinski. Mediacom Cultural Foundation: Two ex- pired one-year terms through December 31, 2007, Terms of Hall and Fabricius. Applicants: Gail Chavenelle, Tom Goodman, Rich Hall, Michele McKinlay, Gene Perry, Edwin Ritts, John Tilton, Vince Williams, John Woodin. Vince Williams spoke in support of his ap- pointment. Dan Walsh, 3216 Brook Hollow, spoke in support of Tim Rink. Appointments to the following Boards/Commissions: Mechanical Code Board: Two expired three-year terms through March 16, 2009 (Terms of Geisler and Willen- borg). Three expired three-year terms through March 26, 2010 (Terms of Bandy, Kelly and Papin). Applicants: Chuck Bandy, Michael Kelly, Paul Papin, Harlan Willenborg. Motion by Michalski to appoint Chuck Bandy, Michael Kelly, and Paul Papin to three-year, expired terms through March 26, 2010. Seconded by Connors. Motion carried 7-0. Motion by Mi- chalski to appoint Harlan Willenborg to a three- year, expired term through March 16, 2009. Seconded by Connors. Motion carried 7-0. PUBLIC HEARINGS Upon motion the rules were suspended to allow anyone present to address the Council. Request to Purchase -Portion of Lenox Addition: Proof of publication on notice of hear- ing to consider a request from Richard Plow- man to vacate and purchase a portion of Lots 314 and 315 of Lenox Addition and City Man- ager recommending approval. Jones moved to receive, file, and adopt Resolution 190-07 Ap- proving plat of survey of Lot 1 and Lot 2 of Lenox Addition No. 3; and Resolution No. 191-07 Disposing of City interest in Lot 1 of Lenox Addi- tion No. 3 in the City of Dubuque, Dubuque Coun- ty, Iowa. Seconded by Lynch. Motion carried 7-0. Book 137 Regular Session, April 2, 2007 121 RESOLUTION NO. 190-07 RESOLUTION APPROVING PLAT OF SUR- VEY OF LOT 1 AND LOT 2 OF LENOX AD- DITION NO. 3 Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated the 5t" day of March, 2007, pre- pared by William Burger, Land Surveyor, de- scribing the proposed division of Lots 314 and 315 of Lenox Addition; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated the 5t" day of March, 2007, prepared by William Burger, Land Surveyor, relative to the real estate he- reinabove described be and the same is here- by approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and is he- reby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 2nd day of April, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 191-07 RESOLUTION DISPOSING OF CITY INTER- EST IN LOT 1 OF LENOX ADDITION NO. 3 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, pursuant to resolution and pub- lished notice of time and place of hearing, pub- lished in the Telegraph Herald, a newspaper of general circulation published in the City of Du- buque, Iowa on this 23~d day of March, 2007, the City Council of the City of Dubuque, Iowa met on the 2nd day of April, 2007, at 6:30 p.m. in the Public Library Auditorium, 360 West 11 Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real es- tate described as: Lot 1 of Lenox Addition No. 3 in the City of Dubuque, Dubuque County, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objec- tions, oral or written to the proposal to sell such real estate, except for easement as noted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the sale of City of Dubuque real property described as Lot 1 of Lenox Addi- tion No. 3 in the City of Dubuque, Dubuque County, Iowa, to Richard Plowman be and the same is hereby approved for the sum of $5,000.00, plus the cost of platting, publica- tion, and filing fees. Conveyance shall be by Quit Claim Deed. Section 2. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of con- veyance to Richard Plowman upon receipt of the purchase price in full. Section 3. That the City Clerk be and is he- reby authorized and directed to record a certi- fied copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 2nd day of April, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Expansion of Kendall/Hunt Publishing Company, Westmark Enterprises, Inc., and Great River Technologies, LLC: Proof of publi- cation on notice of hearing to consider approv- al of a Development Agreement with Walter Development LLC, who will be constructing a 120,000 square foot distribution facility and office for Kendall/Hunt Publishing Company, Westmark Enterprises, Inc. and Great River Technologies, LLC, all related companies, on 13.915 acres in Dubuque Industrial Center West and City Manager recommending ap- proval. Motion by Connors to receive, file, and adopt Resolution No. 192-07 Determining that the proposal of Walter Development, LLC, Kendall/Hunt Publishing Company, Westmark Enterprises, Inc., and Great River Technolo- gies, LLC, to acquire and develop property in the Dubuque Industrial Center Economic De- velopment Urban Renewal District in Dubuque Industrial Center West 7t" Addition in the City of Dubuque, Iowa, is in compliance with the terms of the City's offering for the disposition of such property; and Resolution No. 193-07 Accepting the proposal from Walter Develop- ment, LLC, Kendall/Hunt Publishing Company, Westmark Enterprises, Inc., and Great River Technologies, LLC, for the purchase of proper- ty in the Dubuque Industrial Center Economic Development Urban Renewal District in Dubu- que Industrial Center West 7t" Addition in the City of Dubuque, Iowa, and approving the De- velopment Agreement with Walter Develop- ment, LLC, Kendall/Hunt Publishing Company, Westmark Enterprises, Inc., and Great River Technologies, LLC. Seconded by Lynch. Tim Hodge, 1050 Richards Road, President, Wal- ter Development, LLC, spoke in support of the project. Motion carried 7-0. RESOLUTION NO. 192-07 DETERMINING THAT THE PROPOSAL OF WALTER DEVELOPMENT, LLC, KENDALL 122 Regular Session, April 2, 2007 Book 137 HUNT PUBLISHING COMPANY, WEST- MARK ENTERPRISES, INC. AND GREAT RIVER TECHNOLOGIES, LLC TO ACQUIRE AND DEVELOP PROPERTY IN THE DUBU- QUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT URBAN RENEWAL DIS- TRICT IN DUBUQUE INDUSTRIAL CENTER WEST 7T" ADDITION IN THE CITY OF DU- BUQUE, IOWA IS IN COMPLIANCE WITH THE TERMS OF THE CITY'S OFFERING FOR THE DISPOSITION OF SUCH PROP- E RTY Whereas, the City Council, by Resolution No. 107-07, dated February 20, 2007, nomi- nated the City Clerk as agent of the City of Dubuque, Iowa, to receive and open on March 27, 2007, at 10:00 a.m., proposals for the dis- position of property in the Dubuque Industrial Center Economic Development Urban Renew- al District in Dubuque Industrial Center West 7t" Addition in accordance with the terms and conditions set forth in the resolution; and Whereas, the City Council has received a proposal, referred to in said resolution, from Walter Development, LLC, Kendall Hunt Pub- lishing Company, Westmark Enterprises, Inc. and Great River Technologies, LLC which pro- posal meets the terms and conditions of Reso- lution No. 107-07; and Whereas, the City Clerk has reported to this Council that no qualified, competing pro- posals were submitted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the report of the City Clerk that no qualified competing proposals were submitted by 10:00 a.m. on March 27, 2007, for the disposition of property in the Dubuque Industrial Center Economic Development Ur- ban Renewal District in Dubuque Industrial Center West 7t" Addition be received, filed and adopted. Section 2. That it is hereby determined that the proposal of Walter Development, LLC, Kendall Hunt Publishing Company, Westmark Enterprises, Inc. and Great River Technolo- gies, LLC for the development of said property is the only proposal which satisfies the terms and conditions set forth in Resolution No. 107- 07 adopted on February 20, 2007. Passed, approved and adopted this 2nd day of April, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 193-07 ACCEPTING THE PROPOSAL FROM WAL- TER DEVELOPMENT, LLC, KENDALL HUNT PUBLISHING COMPANY, WEST- MARK ENTERPRISES, INC. AND GREAT RIVER TECHNOLOGIES, LLC FOR THE PURCHASE OF PROPERTY IN THE DUBU- QUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT URBAN RENEWAL DIS- TRICT IN DUBUQUE INDUSTRIAL CENTER WEST 7t" ADDITION IN THE CITY OF DU- BUQUE, IOWA AND APPROVING THE DE- VELOPMENT AGREEMENT WITH WALTER DEVELOPMENT, LLC, KENDALL HUNT PUBLISHING COMPANY, WESTMARK EN- TERPRISES, INC. AND GREAT RIVER TECHNOLOGIES, LLC Whereas, the City Council, by Resolution No. 107-07, dated February 20, 2007: 1. Adopted the terms and conditions for of- fering for disposition of certain real property and improvements in the Dubuque Industrial Center Economic Development Urban Renew- al District in the City of Dubuque, Iowa, legally described as follows: Lot 1 Dubuque Industrial Center West 7t" Addition in the City of Dubu- que; and 2. Determined that the proposal submitted by Walter Development, LLC, Kendall Hunt Publishing Company, Westmark Enterprises, Inc. and Great River Technologies, LLC satis- fied the requirements of said offering; and 3. Declared its intent to accept the Walter Development, LLC, Kendall Hunt Publishing Company, Westmark Enterprises, Inc. and Great River Technologies, LLC proposal in the event no other qualified proposals were timely submitted for the property; and 4. Invited competing proposals which met the terms and conditions of the offering, to be submitted to the City Clerk on or before 10:00 a.m., March 27, 2007; and; Whereas, on February 23, 2007, the Reso- lution was published as the official notice of the offering and of the intent of the City of Du- buque, Iowa, in the event no other qualified proposals were timely submitted, to approve the Development Agreement proposed by Walter Development, LLC, Kendall Hunt Pub- lishing Company, Westmark Enterprises, Inc. and Great River Technologies, LLC; and Whereas, by separate Resolution of this date, the City Council has received and ap- proved as its own the report of the City Clerk that no other qualified proposal was received; and Whereas, it is the determination of the City Council that approval of the Development Agreement with Walter Development, LLC, Kendall Hunt Publishing Company, Westmark Enterprises, Inc. and Great River Technolo- gies, LLC is in the public interest of the citizens of the City of Dubuque, and is consistent with the City's Urban Renewal Plan for the Dubu- que Industrial Center Economic Development Urban Renewal District. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Development Agree- Book 137 Regular Session, April 2, 2007 123 ment by and between the City of Dubuque and Walter Development, LLC, Kendall Hunt Publishing Company, Westmark Enterprises, Inc. and Great River Technologies, LLC is in the public interest of the citizens of the City of Dubuque and in furtherance of the City's Ur- ban Renewal Plan, and is hereby approved. Section 2. That the Mayor is hereby autho- rized and directed to execute said Develop- ment Agreement on behalf of the City of Du- buque and the City Clerk is authorized and directed to attest to his signature. Section 3. That the City Manager is autho- rized to take such actions as are necessary to implement the terms of the Development Agreement as herein approved. Passed, approved and adopted this 2nd day of April, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 2030 Future Land Use Map: Proof of publi- cation on notice of hearing to consider adop- tion of the 2030 Future Land Use Map and City Manager recommending approval. Motion by Connors to receive, file and approve. Seconded by Braig. Motion carried 7-0. City Hall Parking Lot Reconstruction Project: Proof of publication on notice of hear- ing to consider adoption of the plans and spe- cifications, form of contract, estimated cost and Resolution of Necessity for the City Hall Parking Lot Reconstruction Project and City Manager recommending approval. Motion by Jones to receive, file, and adopt Resolution No. 194-07 Approval of plans and specifica- tions, form of contract, and estimated cost for the City Hall Parking Lot Reconstruction Project; and Resolution No. 195-07 With re- spect to adoption of the Resolution of Necessi- ty for the City Hall Parking Lot Reconstruction Project. Connors said she was glad to see green space and bioswales included. Jones said this project had outstanding amenities that will also benefit Farmer's Market. Michals- ki expected minimum interruption to adjacent property owners and consideration be given to parking alternatives such as shuttles from the Port of Dubuque. Assistant City Manager Steinhauser informed Council that Parking System Supervisor Tim Horsfield is working on scenarios for employee/citizen parking and business deliveries. Motion carried 7-0. That the proposed plans, specifications, form of contract and estimated cost for the City Hall Parking Lot Reconstruction Project, in the estimated amount $838,477.55, are hereby approved. Passed, adopted and approved this 2nd day of April, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 195-07 RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NE- CESSITY PROPOSED FOR THE CITY HALL PARKING LOT RECONSTRUCTION PROJECT Whereas, the City Council has proposed a Resolution of Necessity for the City Hall Park- ing Lot Reconstruction Project has given no- tice 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 pro- posed Resolution of Necessity. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed Resolution of Ne- cessity described above is hereby adopted, without amendment, and all objections filed or made having been duly considered are over- ruled. Passed, adopted and approved this 2nd day of April, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk City Hall Envelope Restoration (Tuckpoint- ing) Project: Proof of publication on notice of hearing to consider adoption of the plans and specifications, form of contract, and estimate of cost for the City Hall Envelope Restoration (Tuckpointing) Project and City Manager re- commending rejection of the bids received. Motion by Jones to receive, file, and adopt Resolution No. 196-07 Rejecting bids for the City Hall Envelope Restoration (Tuckpointing) Project. Seconded by Braig. Michalski ques- tioned if Alternates 1 & 2 should be done sooner than whole project. City Manager will ask staff. Motion carried 7-0. RESOLUTION NO. 194-07 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE CITY HALL PARKING LOT RECONSTRUCTION PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: RESOLUTION NO. 196-07 REJECTING BIDS FOR THE CITY HALL ENVELOPE RESTORATION (TUCKPOINT- ING) PROJECT Whereas, sealed proposals have been submitted by contractors for the City Hall Envelope Restoration (Tuckpointing) Project 124 Regular Session, April 2, 2007 Book 137 (the Project) pursuant to Resolution No. 128- 07 and notice to bidders published in the City of Dubuque, Iowa, on the 6t" day of March, 2007. Whereas, sealed proposals were opened and read on the 27t" day of March, 2007, and Whereas, the City Council has deemed it advisable to reject all bids and re-bid the Project at a later date. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the bids for the above Project be rejected. Passed, adopted and approved this 2nd day of April, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Federal Building -Exterior Window Lead Abatement Removal and Painting, and Reno- vated Areas Window Repair, Glass Replace- ment, Interior Window Lead Paint Removal and Painting Project: Proof of publication on notice of hearing to consider adoption of the plans and specifications, form of contract and estimated cost for the Federal Building Exterior Window Lead Paint Removal and Painting, and Renovated Areas Window Repair, Glass Replacement, Interior Window Lead Paint Removal and Painting Project and City Man- ager recommending award of the contract to Tricon General Construction in the amount of $408,000. Motion by Jones to receive, file, and adopt Resolution No. 197-07 Approval of plans and specifications, form of contract, and esti- mated cost for the Federal Building Exterior Window Lead Paint Removal and Painting, and Renovated Areas Window Repair, Glass Replacement, Interior Window Lead Paint Removal and Painting Project; and Resolution No. 198-07 Awarding the contract for the Fed- eral Building Exterior Window Lead Paint Re- moval and Painting, and Renovated Areas Window Repair, Glass Replacement, Interior Window Lead Paint Removal and Painting Project to Tricon General Construction. Jones asked if this included aluminum window re- placement. Project Manager Steve Brown said that because of stipulations in the purchase of the Federal Building from the National Parks Department, the project will involve repairing existing windows versus replacing. Motion carried 7-0. AL & PAINTING 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 Federal Building Exterior Window Lead Paint Removal & Painting and Renovated Areas Window Repair, Glass Replacement, Interior Window Lead Paint Removal & Painting Project, in the estimated amount $468,000, are hereby approved. Passed, adopted and approved this 2nd day of April, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 198-07 AWARDING PUBLIC IMPROVEMENT CON- TRACT FOR THE FEDERAL BUILDING EX- TERIOR WINDOW LEAD PAINT REMOVAL & PAINTING, AND RENOVATED AREAS WINDOW REPAIR, GLASS REPLACEMENT, INTERIOR WINDOW LEAD PAINT REMOV- AL & PAINTING PROJECT Whereas, sealed proposals have been submitted by contractors for the Federal Build- ing Exterior Window Lead Paint Removal & Painting, and Renovated Areas Window Re- pair, Glass Replacement, Interior Window Lead Paint Removal & Painting Project (the Project) pursuant to Resolution No. 131-07 and Notice to Bidders published in a newspa- per published in the City of Dubuque, Iowa on the 6t" and 9t" days of March, 2007. Whereas, said sealed ~roposals were opened and read on the 27t day of March, 2007 and it has been determined that Tricon General Construction of Dubuque, Iowa, with a bid in the amount of $408,000, 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 Tricon General Construction and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. Passed, approved and adopted this 2nd day of April, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 197-07 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE FEDERAL BUILDING EX- TERIOR WINDOW LEAD PAINT REMOVAL & PAINTING, AND RENOVATED AREAS WINDOW REPAIR, GLASS REPLACEMENT, INTERIOR WINDOW LEAD PAINT REMOV- REINSTATE THE RULES Upon motion the rules were reinstated li- miting discussion to the City Council. Book 137 Regular Session, April 2, 2007 125 ACTION ITEMS Residential Parking Permit District (First Reading on March 5, 2007 and Second Read- ing on March 19, 2007): Jones moved final consideration and adoption of Ordinance No. 14-07 Amending the Code of Ordinances of the City of Dubuque, Iowa, by adopting a new Section 32-401 providing for the designation of Phyllrich Drive between Keystone Drive and Keymont Drive as a Residential Parking Permit District. Seconded by Braig. Motion carried 5-2 with Cline and Michalski voting nay. OFFICIAL PUBLICATION ORDINANCE NO. 14-07 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY ADOPTING A NEW SECTION 32- 401 PROVIDING FOR THE DESIGNATION OF PHYLLRICH DRIVE BETWEEN KEYS- TONE DRIVE AND KEYMONT DRIVE AS A RESIDENTIAL PARKING PERMIT DISTRICT Whereas, Sections 32-381 and 32-393 of the Code of Ordinances of the City of Dubu- que, Iowa, empowers the City Council to es- tablish a Residential Parking Permit District upon receipt of a valid petition and the finding of certain conditions; and Whereas, a valid petition has been re- ceived to declare an area described as follows as a Residential Parking Permit District: Phyl- lrich Drive, between Keystone Drive and Key- mont Drive; and Whereas, the City Manager has caused a parking study of the above identified area to be conducted, and which study has established that the area meets the criteria as established in Section 32-383 of the Code of Ordinances of the City of Dubuque, Iowa: 1. At least 80 percent (80%) of the curbside parking spaces in the proposed Parking Permit District were utilized during peak pe- riods; and 2. At least 25 percent (25%) of the curbside parking spaces in the proposed Parking Permit District were utilized by nonresident parkers; and Whereas, the City Manager, based upon the petition and the results of the parking study, recommends to the City Council that the area be designated as a Residential Parking Permit District during the hours of 7:00 a.m. to 3:00 p.m. daily, except Saturdays, Sundays, and holidays; and Whereas, the City Council pursuant to public notice on 23~d day of February, 2007, in the City of Dubuque Telegraph Herald, a newspaper ofgeneral circulation, met in ses- sion on the 5t day of March, 2007, at 6:30 p.m. at the Carnegie Stout Public Library, 360 11th Street, Dubuque, Iowa, for the purpose of hearing all interested persons and representa- tives of organizations and to consider any and all objections which have been filed to the pro- posed designation of the above area as a Res- idential Parking Permit District during the hours of 7:00 a.m. to 3:00 p.m. daily, except Saturdays, Sundays, and holidays; and Whereas, all interested parties have been given an opportunity to be heard and all objec- tions have been duly considered. NOW THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That a petition containing the required number of signatures and meeting the intent and purpose of Section 32-381 through 32-393 of the Code of Ordinances of the City of Dubuque, Iowa, has been received by the City of Dubuque. Section 2. That any and all objections to the designation of the area as a Residential Parking Permit District during the hours of 7:00 a.m. to 3:00 p.m. daily, except Saturdays, Sundays, and holidays be and same are over- ruled. Section 3. That the recommendation of the City Manager based upon the petition and the parking study to designate the area as a Residential Parking Permit District during the hours of 7:00 a.m. to 3:00 p.m. daily, except Saturdays, Sundays, and holidays, is hereby approved and accepted. Section 4. That the Code of Ordinances of the City of Dubuque, Iowa, be amended by enacting the following new Section 32-401: SEC. 32-401. RESIDENTIAL PARKING PERMIT DISTRICT H. a) The following described area constitutes a Residential Parking Permit District designated as Residential Parking Permit "H". Phyllrich Drive, between Keys- tone Drive and Keymont Drive b) No vehicles shall park curbside in Residential Parking Permit District H during the hours of seven o'clock (7:00) A. M. to three o'clock (3:00) P. M., except Saturdays, Sundays, and holi- days, without displaying a valid parking permit issued by the City. Passed, approved and adopted this 2nd day of April, 2007. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald Newspaper the 6th day of April, 2007. /s/Jeanne F. Schneider, CMC, City Clerk 126 Regular Session, April 2, 2007 Book 137 Greater Dubuque Development Corpora- tion: Communication from Rick Dickinson, Ex- ecutive Director of the Greater Dubuque De- velopment Corporation, requesting financial support for the implementation of the Greater Dubuque: Destination for Opportunity cam- paign. City Manager recommending approval of GDDC's request to provide $100,000 per year over the next five years for implementa- tion of the Greater Dubuque: Destination for Opportunity campaign. Rick Dickinson, Execu- tive Director of the Greater Dubuque Devel- opment Corporation, provided a presentation of the Greater Dubuque: Destination for Op- portunity campaign, which highlighted its three, five-year goals: 5,500 new jobs at $16/hr and above, $300,000 in commercial construction, and a 6% increase in county population. Mo- tion by Connors to receive, file, and approve. Seconded by Michalski. Motion carried 7-0. Historic Preservation Commission Mem- bership: Communication from the Historic Pre- servation Commission requesting City Council review of an amendment to the Historic Pre- servation Ordinance which would allow proper- ty owners or business owners to temporarily represent vacant historic district seats until such time that a resident volunteer can be appointed and that the proposed ordinance be forwarded to the State Historical Society of Iowa (SHSI) for review and comment prior to adoption. Motion Jones to receive, file, and approve. Seconded by Lynch. Motion carried 7-0. City/County Fringe Area Policy Agreement: City Manager submitting a draft letter from Mayor Roy D. Buol to Dubuque County Board of Supervisors Chairperson Eric Manternach requesting to reopen discussions on creating a Fringe Area Policy Agreement that is accepta- ble to both the City of Dubuque and Dubuque County. Motion by Michalski to receive, file, and approve. Seconded by Cline. Motion car- ried 7-0. Long Range Planning Advisory Commis- sion: Communication from the Long Range Planning Advisory Commission regarding the objectives in the Land Use and Urban Design Element and recommending that the wording of Objective 9.8 be revised. Motion by Connors to receive, file, and approve. Seconded by Lynch. Braig questioned why the Long Range Planning Commission is asking for a vote on a specific objective. She suggested waiting to vote on the document as a whole after addi- tional elements and objectives are reviewed at future work sessions. After discussion and input from Planning Services Manager Laura Carstens, Council concurred to have the City Attorney review the elements before they are given to Council for review at work sessions. Motion by Connors to receive and file. Seconded by Lynch. Motion carried 7-0. Proposed Millworking Historic District - Status Report: City Manager submitting a sta- tus report on the proposed Millworking Historic District and recommending approval to pro- ceed with the submission of a National Regis- ter Historic District nomination for the District. Motion by Jones to receive, file, and approve. Seconded by Lynch. Council questioned the need for having a plan in place before seeking historic designation. Planning Services Man- ager Laura Carstens said that such a designa- tion would make benefits available to property owners if and when they wanted to take ad- vantage of them. City Manager Van Milligen said a citizen committee is working on a plan to be completed this fall and recommended tabling. Motion by Jones to receive, file, and table. Seconded by Michalski. Motion carried 7-0. Parking Control Equipment Purchase: City Manager recommending that Federal APD be considered as a sole source provider for park- ing control equipment for the new City-owned lot adjacent to McGraw-Hill Company in the Port of Dubuque, the new Port of Dubuque Parking Ramp, and for replacement equipment in existing ramps. Motion by Jones to receive, file and approve. Seconded by Braig. Motion carried 7-0. Fifth Street Reconstruction Project -Alpine Street to Hill Street: City Manager recommend- ing award of the construction contract for the Fifth Street Reconstruction Project -Alpine Street to Hill Street to Horsfield Construction, Inc., in the amount of $764,204.90. Motion by Connors to receive, file, and adopt Resolution No. 199-07 Awarding public improvement con- tract for the Fifth Street Reconstruction Project - Alpine to Hill Street, and Resolution No. 200- 07 Approving the public improvement contract and bonds with Horsfield Construction, Inc., for the Fifth Street Reconstruction project -Alpine Street to Hill Street. Seconded by Jones. Mo- tion carried 7-0. RESOLUTION NO. 199-07 AWARDING PUBLIC IMPROVEMENT CON- TRACT FOR THE 5t" STREET RECON- STRUCTION PROJECT -ALPINE STREET TO HILL STREET Whereas, sealed proposals have been submitted by contractors for the 5t" Street Re- construction Project -Alpine Street to Hill Street (the Project) pursuant to Resolution No. 104-07 and Notice to Bidders published in a newspaper published in the City of Dubuque, Iowa on the 23rd day of February, 2007. Book 137 Regular Session, April 16, 2007 127 Whereas, said sealed proposals were opened and read on the 22nd day of March, 2007 and it has been determined that Horsfield Construction, Inc. of Epworth, Iowa, with a bid in the amount of $764,204.90, 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 Horsfield Con- struction, Inc. and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. Passed, approved and adopted this 2nd day of April, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL OFFICIAL PROCEEDINGS The Dubuque City Council met in regular session on April 16, 2007, at 6:30 p.m. in the Public Library Auditorium Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski City Manager Van Milligen; City Attorney Lindahl Invocation was provided by Reverend Thomas W. Young, Westminster Presbyterian Church RESOLUTION NO. 200-07 APPROVING THE PUBLIC IMPROVEMENT CONTRACT AND BOND WITH HORSFIELD CONSTRUCTION, INC. FOR THE 5T" STREET RECONSTRUCTION PROJECT - ALPINE STREET TO HILL STREET Whereas the City Council by Resolution No. 199-07 awarded Public Improvement Con- tract for the 5t" Street Reconstruction Project - Alpine Street to Hill Street to Horsfield Con- struction, Inc.; and Whereas Horsfield Construction, Inc. has submitted the attached executed Public Im- provement Contract and bond. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The Public Improvement Contract and bond attached hereto are hereby approved. Passed, approved and adopted this 2nd day of April, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk CLOSED SESSION Upon motion Council adjourned to closed session at 8:32 p.m. regarding Personnel Is- sue -Chapter 21.5(1)(1) 2007 Code of Iowa, and Collective Bargaining Strategy - Iowa Code Chapter 20.17(3) Upon motion Council reconvened regular session at 8:51 p.m. stating that staff had been given proper direction. There being no further business, upon mo- tion the meeting adjourned at 8:52 p.m. /s/ Kevin S. Firnstahl Assistant City Clerk PROCLAMATIONS Fair Housing Month (April, 2007) was ac- cepted by Bruce Ray, Iowa HUD Director, 210 Walnut Street, Des Moines; Law Day (May 1, 2007) was accepted by Steve Drahozal, Presi- dent, Dubuque County Bar Association, Young Lawyers Division, 799 Main Street; Laughter Day (May 6, 2007) was accepted by Patrick Sterenchuk, 82 Main Street; Historic Preserva- tion Month (May, 2007) was accepted by Dave Stuart, Chairperson of the Historic Preserva- tion Commission, 1492 Locust Street. PRESENTATION Aquila Rebate Presentation: Chuck Bandy, Customer Service Supervisor, presented the City of Dubuque with a rebate check in the amount of $1,240 for meeting the standards of the Energy Efficiency Rebate Program at the City Garage. CONSENT ITEMS Motion by Lynch to receive, file, refer to staff, and adopt resolutions as indicated. Seconded by Connors. Michalski asked that (#6) U.S. Department of Housing and Urban Development be held for separate discussion. Jones asked that (#25) Multi-Jurisdictional Drug Task Force Agreement be held for sepa- rate discussion. Motion carried 7-0. Minutes and Reports Submitted: Airport Commission of 3/26; City Council of 4/2; Civil Service Commission of 4/5; Electrical Code Board of 3/27; Housing Commission of 3/27; Human Rights Commission of 3/12; Library Board of Trustees of 2/22; Mechanical Board of 4/7; Zoning Advisory Commission of 4/4; Zoning Board of Adjustment of 3/22; Proof of publication of City Council Proceedings of 128 Regular Session, April 16, 2007 Book 137 3/19; Library Board of Trustees Update from Meeting of March 26, 2007; upon motion re- ceived and filed. Notice of Claims/Suits: Loras G. Boge for property damage; Janice Firzlaff for property damage; Julie Gingrass for property damage; Margaret and Alan Jones for vehicle damage; David A. Jones for vehicle damage; Paul and Nancy Kaufman for property damage; Michael and Mary Ann Koch for property damage; Mike and Sue McGinnis, on behalf of Thelma McGinnis, for personal injury. Upon motion received, filed, and referred to City Attorney. City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Com- munities Assurance Pool: Loras Boge for property damage; Jerome Ehlers for property damage; Janice Firzlaff for property damage; Julie Gingrass for property damage; Paul and Nancy Kaufman for property damage; Lorraine Kelleher for property damage; Michael and Mary Ann Koch for property damage; Michael and Sue McGinnis on behalf of Thelma McGinnis for personal injury; Lori Ziegenfuss for property damage. Upon motion received, filed, and concurred. Collective Bargaining Agreement: City Manager recommending approval of an amendment to the Collective Bargaining Agreement with the Teamsters Union to pro- vide for a work week that consists of ten (10) hours per day and four (4) days per week for the Airport Maintenanceworkers and Airport Mechanic. Upon motion received, filed, and approved. Voluntary Annexation Request -Tri-State Development LLC: City Manager recommend- ing that the public hearing set for May 7, 2007 to consider a request from Tri-State Develop- ment LLC for voluntary annexation of 1.19 acres of property at 12653 Seippel Road be tabled until further notice from the applicant. Upon motion received, filed, and tabled. Riverwalk Security Camera System: City Manager recommending approval of the selec- tion of Racom to provide the Riverwalk Securi- ty Camera System from the Recognition Wall mural northerly to the Alliant Amphitheater site. Upon motion received, filed, and approved. U.S. Department of Housing and Urban Development: Communication from the U.S. Department of Housing and Urban Develop- ment (HUD) advising that the City's 2006 McKinney-Vento Act homeless assistance application has been selected for funding in the amount of $536,520.00. Michalski quoted from the communication and said that home- lessness is a high priority. Housing and Com- munity Development Director David Harris and his staff deserve the Council's attention and praise. Motion by Michalski to receive and file the documents and send a commendation to the Housing staff. Seconded by Braig. Motion carried 7-0. Plat of Survey -Finley Home Addition No. 2: City Manager recommending approval of the Plat of Survey for Lot 1 and Lot 2 of Finley Home Addition No. 2. Upon motion received, filed, and Resolution No. 201-07 Approving Plat of Survey of Lot 1 and Lot 2 of Finley Home Addition #2 was adopted. RESOLUTION NO. 201-07 RESOLUTION APPROVING PLAT OF SUR- VEY OF LOT 1 AND LOT 2 OF FINLEY HOME PLACE NO. 2 Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated the 16t" day of January, 2007, pre- pared by IIW Engineers & Surveyors, PC, de- scribing the proposed division of Lots 24, 25, and 32C of Finley Home Addition; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated the 16t" day of January, 2007, prepared by IIW Engineers & Surveyors, PC, relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, television cable, fiber optics, and electric lines as may be authorized by the City of Dubuque, Iowa, over and across the entire Lot 1 of Finley Home Addition No. 2. Section 3. That the City Clerk be and is he- reby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 16t" day of April, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Memorandum of Agreement -West 32nd Street Detention Basin Project: City Manager recommending that the City negotiate a Me- Book 137 Regular Session, April 16, 2007 129 morandum of Agreement with the U.S. Army Corps of Engineers and the Iowa State Historic Preservation Office regarding the West 32nd Street Detention Basin Project. Upon motion received, filed, and approved. 32nd Street Detention Basin -Lead Federal Agency for Section 106 Compliance: City Manager recommending approval of an agreement between the City of Dubuque, the US Army Corps of Engineers (USAGE), and the Iowa Department of Natural Resources (IDNR) establishing the USAGE as the lead federal agency to fulfill the responsibilities un- der 36 CFR Part 800, Section 106 for the West 32nd Street Detention Basin Project. Upon mo- tion received, filed, and approved. AV Equipment Purchase -Federal Build- ing Renovation Project: City Manager recom- mending approval of the acquisition of the Federal Building audiovisual equipment from Electronic Communication Systems, Inc. of Davenport, Iowa, in the amount of $97,829.21. Upon motion received, filed, and Resolution No. 202-07 Approving the purchase and instal- lation of audiovisual equipment for the Federal Building Renovation Project (GIP 1001841) was adopted. the Housing and Community Development Department as part of the Federal Building Renovation Project (GIP 1001841) was adopted. RESOLUTION NO. 203-07 APPROVING THE PURCHASE OF THE FURNISHINGS FOR THE HOUSING & COMMUNITY DEVELOPMENT DEPART- MENT AS PART OF THE FEDERAL BUILD- ING RENOVATION PROJECT (GIP 1001841) Whereas, the City Manager recommends the purchase of furnishings as part of the Fed- eral Building Renovation Project for the Hous- ing & Community Development Department from KOR Office Interiors of Cedar Rapids, Iowa, for a purchase price of $127,221.28. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the purchase of furnishings for the Housing & Community Development Department from KOR Office Interiors of Ce- dar Rapids, Iowa, for the purchase price of $127,221.28 is hereby approved. Passed, approved and adopted this 16t" day of April, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMG, City Clerk RESOLUTION NO. 202-07 APPROVING THE PURCHASE AND IN- STALLATION OF AUDIOVISUAL EQUIP- MENT FOR THE FEDERAL BUILDING RE- NOVATION PROJECT (GIP 1001841) Whereas, the City Manager recommends the purchase and installation of audiovisual equipment from Electronic Communication Systems, Inc. of Davenport, Iowa, fora pur- chase price of $97,829.21, for the Federal Building Renovation Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the purchase and installa- tion of audiovisual equipment from Electronic Communication Systems, Inc. of Davenport, Iowa, for the purchase price of $97,829.21 is hereby approved. Passed, approved and adopted this 16t" day of April, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMG, City Clerk Federal Building Renovation - Housing and Community Development Department Furnishings: City Manager recommending approval of the purchase and installation of furnishings for the Housing and Community Development Department as part of the Fed- eral Building Renovation Project. Upon motion received, filed, and Resolution No. 203-07 Approving the purchase of the furnishings for Iowa Great Places -Memorandum of Un- derstanding: City Manager recommending approval of a draft Memorandum of Under- standing between the City and the State of Iowa for the Iowa Great Places Program and approval to finalize this agreement, and as long as there are no material changes, to ex- ecute the agreement. Upon motion received, filed, and approved. Eagle Point Park Roofing Project: City Manager recommending acceptance of the Eagle Point Park Roofing Project as completed by Kluck Construction, Inc., in the final contract amount of $54,645.50. Upon motion received, filed, and Resolution No. 204-07 Accepting improvement and Resolution No. 205-07 Ap- proving final estimate were adopted. RESOLUTION NO. 204-07 ACCEPTING IMPROVEMENT WHEREAS, the contract for the Eagle Point Park Roofing Project has been com- pleted 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: 1. That the recommendation of the City Manager be approved and that said improve- 130 Regular Session, April 16, 2007 Book 137 ment 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 16th day of April, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk initial funding to launch this project. Upon mo- tion received and filed. Request for Proposals - 1126 White Street: City Manager recommending approval of the issuance of a Request for Proposals and creation of a public/private partnership with the Dubuque Community School District for con- version of the School District property at 1126 White Street to town homes for owner- occupant households. Upon motion received, filed, and approved. RESOLUTION NO. 205-07 FINAL ESTIMATE WHEREAS, the contract for the Eagle Point Park Roofing Project has been com- pleted 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 improve- ment is hereby determined to be $54,645.50, and the said amount shall be paid from the General Fund of the City of Dubuque, Iowa. Passed, approved and adopted this 16th day of April, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk University of Dubuque Indemnification Agreement: City Manager recommending ap- proval of the Mutual Indemnification Agree- ment with the University of Dubuque for use of their facilities for various recreation programs. Upon motion received, filed, and approved. Dubuque Water Ski Club Lease: City Man- ager recommending approval of a one-year lease with the Dubuque Water Ski Club. Upon motion received, filed, and approved. Request for Proposals -Financial Servic- es: City Manager recommending approval of the issuance of a Request for Proposals for the City's Financial Services. Upon motion received, filed, and approved. Legislative Correspondence: Communica- tion to area legislators urging opposition to any bill which would limit the City's ability to collect delinquent utility accounts. Upon motion re- ceived and filed. Amtrak -Letter of Support: Communica- tion to Milt Sees, Acting Secretary of the Illi- nois Department of Transportation, in support of the route for Amtrak rail service from Chica- go through Rockford, Freeport, and Galena, Illinois into Dubuque and further requesting that the Illinois General Assembly provide the HUD Regulatory Reform: Communication to The Honorable Alphonso Jackson, Secre- tary of the United States Department of Hous- ing and Urban Development Department, ac- cepting an invitation to become a participant in the Housing and Urban Development's Na- tional Call to Action for Affordable Housing through Regulatory Reform. Upon motion re- ceived and filed. Food Scrap Recycling Pilot Program: City Manager recommending that the service fee for the 2007 Food Scrap Recycling Pilot Pro- gram be reduced for residential and commer- cial customers. Upon motion received, filed, and approved. Theisen Supply, Inc.: City Manager re- commending approval of the Subordination Agreement in favor of Theisen's first mortgage lender, U.S. Bank, N.A., pursuant to the June 19, 2006 Development Agreement be- tween the City of Dubuque, Chavenelle Ware- house Development, LLC, and Theisen Supply, Inc. Upon motion received, filed, and approved. 2030 Land Use Map: City Manager re- commending approval of a resolution adopting the 2030 Future Land Use Map that was ap- proved after a public hearing on April 2, 2007. Upon motion received, filed, and Resolution No. 206-07 Approving the 2030 Future Land Use Map of the City of Dubuque Comprehen- sive Plan was adopted. RESOLUTION NO. 206-07 APPROVING THE 2030 FUTURE LAND USE MAP OF THE CITY OF DUBUQUE COM- PREHENSIVE PLAN. Whereas, the Long Range Planning Advi- sory Commission has recommended adoption of the 2030 Future Land Use Map of the City of Dubuque Comprehensive Plan; and Whereas, City Council has adopted the 2030 Future Land Use Map of the City of Du- buque Comprehensive Plan after a public hearing. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF Book 137 Regular Session, April 16, 2007 131 DUBUQUE, IOWA: Section 1. The City Council hereby does approve the 2030 Future Land Use Map of the City of Dubuque Comprehensive Plan. Passed, approved and adopted this 16t" day of April 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Purchase of Equipment: City Manager re- commending approval of the purchase of two 31,000 GVW dump trucks and associated equipment from the low bidder, Hawkeye Truck and Henderson Truck Equipment, in the amount of $182,265. Upon motion received, filed, and Resolution No. 207-07 Approving expenditures in excess of $25,000 for certain purchases of goods and equipment was adopted. RESOLUTION NO. 207-07 APPROVING EXPENDITURES IN EXCESS OF $25,000 FOR CERTAIN PURCHASES OF GOODS AND EQUIPMENT Whereas, the City Manager recom- mends the purchase of the following goods and equipment. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. The purchase of the following are hereby approved: Item: 31,000 GVW, Dump Trucks (2) Purchase Price: $182,265.00 Vendor: Hawkeye Truck and Henderson Truck Equipment Passed, approved and adopted this 16t" day of April, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Multi-Jurisdictional Drug Task Force Agreement: City Manager recommending ap- proval of the Multi-Jurisdictional Drug Task Force Agreement between the City of Dubu- que, Dubuque County, City of East Dubuque, Illinois and Jo Daviess County, Illinois. Motion by Jones to receive and file the documents and approve the recommendation. Seconded by Connors. Jones commended the Task Force on its effectiveness. Motion carried 7-0. RESOLUTION NO. 208-07 APPROVING PUBLIC IMPROVEMENT CONTRACTS AND BONDS Whereas, the City Council has awarded the following public improvement contracts: 1. By Resolution No. 155-07, Public Im- provement Contract for the Historic Old Main Street -Lighting and Sidewalk Replacement Project to Portzen Construction, Inc.; and 2. By Resolution No. 172-07, Public Im- provement Contract for the Federal Building Renovation Project to Tricon General Con- struction; and 3. By Resolution No. 169-07, Public Im- provement Contract for the Eagle Point Park Fee Collector's Building Project to Klauer Con- struction Company; and Whereas, the Contractors have submitted the attached executed Public Improvement Contracts and bonds. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The Public Improvement Contracts and bonds attached hereto are hereby approved. Passed, approved and adopted this 16t" day of April, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Business License Refunds: David H. Hoff- man, The White House -Cigarette License; -- Judy Wagner, Wagner Copper Kettle -Beer and Liquor License; Eddie Hwang, Taiko's - Beer Permit. Upon motion received, filed, and approved. Business Licenses: City Manager recom- mending approval of annual liquor license re- newals as submitted. Upon motion received, filed, and Resolution No. 209-07 Granting the issuance of a Class C Beer Permit to 16t" Street Auto/Truck Plaza, Tobacco Outlet Plus, and Lien Oriental American; and Resolution No. 210-07 Granting the issuance of a Class A Liquor License to Dubuque Moose Lodge #355; Class CBeer/Liquor License to Carlos O'Kelly's (2-Day Outdoor Service), DaVinci's Restaurant and Lounge, Catfish Charlie's, Sublime, Whiskey River, Olive Garden and Lot One; and Class B Wine Permit to Carroll's Wine Company were adopted. Improvement Contracts / Performance, Payment and Maintenance Bonds: Upon mo- tion received, filed, and Resolution No. 208-07 Approving public improvement contracts and bonds for Historic Old Main Street -Lighting and Sidewalk Replacement Project, Federal Building Renovation Project, and Eagle Point Park Fee Collector's Building Project was adopted. RESOLUTION NO. 209-07 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been ex- amined 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 132 Regular Session, April 16, 2007 Book 137 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 Mulgrew Oil Company, 16t" St Auto/Truck Plaza+(Sunday Sale), 1215 E. 16t" St. Kwik Trip Inc, Tobacco Outlet Plus+(Sunday Sale), 806 Wacker Dr. Oriental Food & Gift Corp, Lien Oriental American+(Sunday Sale), 115 W 11t" St. Passed, approved and adopted this 16th day of April, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk uments, adopt resolutions, set public hearings as specified, and direct the City Clerk to pub- lish notice in the manner prescribed by law. Seconded by Lynch. Motion carried 7-0. Fiscal Year 2007 Budget Amendment: City Manager recommending that a public hearing be set for May 7, 2007 to consider approval of the second amendment to the Fiscal Year 2007 operating budget. Upon motion received, filed, and Resolution No. 211-07 Setting the date for the public hearing on Amendment No. 2 to the Fiscal Year 2007 budget for the City of Dubuque was adopted setting a public hearing at a meeting to commence at 6:30 p.m. on May 7, 2007, in the Public Library Auditorium. RESOLUTION NO. 210-07 Whereas, applications for Liquor Licenses have been submitted to this Council for ap- proval 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 Ordin- ances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS "A" LIQUOR LICENSE Dubuque Loyal Order of Moose, Dubuque Moose Lodge # 355+( Sunday Sale), 2635 Windsor Ave. CLASS "C" BEER/LIQUOR LICENSE Carlos O'Kelly's Inc, Carlos O'Kelly's(2 Days Outdoor Service)~1355 Associates Dr. DaVinci's Management, DaVinci's Rest.& Lounge+(Sunday Sale), 395 W 9t" St. Catfish Charlie's LLC, Catfish Char- lie's+(Sunday/Outdoor Sale), 1630E 16t" St. Club Sublime, Sublime+(Sunday Sale), 3203 Jackson St. Chad Streff, Whiskey River+(Sunday Sale), 1064 University Ave. GMRI Inc, Olive Garden #1516+(Sunday Sale), 3350 Dodge St. Lot One LLC, Lot One+(Sunday Sale), 100 Main St. CLASS "B" WINE Carroll's Wine Company, Carroll's Wine Com- pany, 123 Main St. Passed, approved and adopted this 16th day of April, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk ITEMS TO BE SET FOR PUBLIC HEARING Motion by Cline to receive and file the doc- RESOLUTION NO. 211-07 SETTING THE DATE FOR THE PUBLIC HEARING ON AMENDMENT NO. 2 TO THE FISCAL YEAR 2007 BUDGET FOR THE CITY OF DUBUQUE Whereas, Iowa Code Section 384.16 pro- vides that the City Council shall set a time and place for a public hearing on amendments to the budget and publish notice before the hear- ing as provided in Iowa Code Section 362.3. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council shall con- duct apublic hearing on proposed Amendment No. 2 to the Fiscal Year 2007 budget for the City of Dubuque at the Carnegie Stout Public Library Auditorium, 360 West 11th Street, Du- buque, Iowa, on Monday, May 7, 2007, begin- ning at 6:30 p.m. Section 2. That the City Clerk be and is he- reby authorized and directed to publish notice of the public hearing, according to law, togeth- erwith the required budget information. Passed, approved and adopted this 16t" day of April 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk White Water Creek Bridge Project Phase II - Lead Paint Removal, Cleaning and Painting: City Manager recommending initiation of the public bidding process for the White Water Creek Bridge Relocation Project Phase II - Lead Paint Removal, Cleaning and Painting and that a public hearing on the plans and specifications, form of contract, and estimated cost be set for May 7, 2007. Upon motion re- ceived, filed, and Resolution No. 212-07 Pre- liminary approval of plans and specifications, form of contract, and estimated cost for the White Water Creek Bridge Project Phase II - Lead Paint Removal, Cleaning and Painting; Resolution No. 213-07 Setting date of hearing on plans and specifications, form of contract, and estimated cost for the White Water Creek Book 137 Regular Session, April 16, 2007 133 Bridge Project Phase II -Lead Paint Removal, Cleaning and Painting; and Resolution No. 214-07 Ordering the advertisement for bids for the White Water Creek Bridge Project Phase II - Lead Paint Removal, Cleaning and Painting were adopted setting a public hearing at a meeting to commence at 6:30 p.m. on May 7, 2007, in the Public Library Auditorium. RESOLUTION NO. 212-07 PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE HISTOR- IC WHITE WATER CREEK BRIDGE RELO- CATION PROJECT -PHASE II, LEAD PAINT REMOVAL, CLEANING AND PAINTING 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 Historic White Water Creek Bridge Relocation Project - Phase II, Lead Paint Removal, Cleaning and Painting in the estimated amount $30,800.00, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 16t" day of April, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 213-07 FIXING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATED COST FOR THE HISTORIC WHITE WATER CREEK BRIDGE RELOCATION PROJECT -PHASE II, LEAD PAINT REMOVAL, CLEANING AND PAINT- ING Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary ap- proval to the proposed plans, specifications, form of contract, and estimated cost for the White Water Creek Bridge Relocation Project - Phase II, Lead Paint Removal, Cleaning and Painting (the Project) and ordered the same to be on file in the office of the City Clerk for pub- lic inspection. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a public hearing will be held on the 7t" day of May, 2007, at 6:30 p.m. in the Public Library Auditorium 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 esti- mated cost of the Project. Passed, adopted and approved this 16t" day of April, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 214-07 ORDERING THE ADVERTISEMENT FOR BIDS FOR THE HISTORIC WHITE WATER CREEK BRIDGE RELOCATION PROJECT - PHASE II, LEAD PAINT REMOVAL, CLEAN- INGAND PAINTING NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the White Water Creek Bridge Relo- cation Project -Phase I I, Lead Paint Removal, Cleaning and Painting is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that 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. That 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 more than twenty days but not more than forty-five days before the date for filing bids at 2:00 p.m. on the 10t" day of May, 2007. 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 21St day of May, 2007, in the Public Library Auditorium, 360 West 11t" Street, Dubuque, Iowa. Passed, adopted and approved this 16t" day of April, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Rush Street Reconstruction Project: City Manager recommending initiation of the public bidding process for the Rush Street Recon- struction Project and that a public hearing on the plans and specifications, form of contract, estimated cost and Resolution of Necessity be set for May 7, 2007. Communication from Da- niel D. and Millie Boge, 333 Villa Street, re- questing that the City Council exempt their property from the directive requiring installation of a sidewalk when replacing a street. Upon motion received, filed, and Resolution No. 215- 07 Preliminary approval of plans and specifica- tions, form of contract, and estimated cost for 134 Regular Session, April 16, 2007 Book 137 the Rush Street Reconstruction Project; Reso- lution No. 216-07 Setting date of hearing on plans and specifications, form of contract, and estimated cost for the Rush Street Reconstruc- tion Project; Resolution No. 217-07 Ordering the advertisement for bids for the Rush Street Reconstruction Project; Resolution No. 218-07 Approving the plats, schedule of assessments and estimate of total cost for the Rush Street Reconstruction Project; Resolution No. 219-07 of Necessity for the Rush Street Reconstruc- tion Project; and Resolution No. 220-07 Fixing date of public hearing on Resolution of Neces- sity were adopted setting a public hearing at a meeting to commence at 6:30 p.m. on May 7, 2007, in the Public Library Auditorium. RESOLUTION NO. 215-07 PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE RUSH STREET RECONSTRUCTION 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 Rush Street Reconstruction Project, in the estimated amount $2,172,625.99, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 16t" day of April, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 216-07 FIXING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATED COST FOR THE RUSH STREET RECONSTRUCTION PROJECT Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary ap- proval to the proposed plans, specifications, form of contract, and estimated cost for the Rush Street Reconstruction Project (the Project) and ordered the same to be on file in the office of the City Clerk for public inspec- tion. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a public hearing will be held on the 7t" day of May, 2007, at 6:30 p.m. in the Public Library Auditorium 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 esti- mated cost of the Project. Passed, adopted and approved this 16t" day of April, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 217-07 ORDERING THE ADVERTISEMENT FOR BIDS FOR THE RUSH STREET RECON- STRUCTION PROJECT NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the Rush Street Reconstruction Project is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that 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. That 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 more than twenty days but not more than forty-five days before the date for filing bids at 2:00 p.m. on the 10t" day of May, 2007. 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 21St day of May, 2007, in the Public Library Auditorium, 360 West 11t" Street, Dubuque, Iowa. Passed, adopted and approved this 16t" day of April, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 218-07 APPROVING THE PLATS, SCHEDULE OF ASSESSMENTS AND ESTIMATE OF TOTAL COST FOR THE RUSH STREET RECON- STRUCTION PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the attached plats, schedule of as- sessments, and estimate of total cost for the Rush Street Reconstruction Project are hereby approved. Passed, approved and adopted this 16t" day of April, 2007. Roy D. Buol, Mayor Book 137 Regular Session, April 16, 2007 135 Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 219-07 RESOLUTION OF NECESSITY FOR THE RUSH STREET RECONSTRUCTION PROJECT Whereas, the plat, schedule of assess- ments, and estimate of total cost for the Rush Street Reconstruction 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: The Rush Street Reconstruction Project - Bryant Street to Villa Street will provide for the reconstruction of underground utilities, road- way sub-base and the construction of a new 37-foot wide concrete roadway between Bryant Street and Villa Street. The project will be constructed in two phases. Phase I of the project will include the complete reconstruction of all underground utilities and mainline roadway construction from Bryant Street to Union Street. During Phase I, the contractor will not be able to do any construction from Bryant Street to Plum Street until the last day of school which is June 6t", 2007. All work in the Phase I section will need to be completed from Bryant Street to Plum Street before school opens on August 24t", 2007. The Phase I section of the project is anticipated to be completed by November 16, 2007 and open to local residents and vehi- culartraffic during the winter weather season. Phase II of the project will include the complete reconstruction of all underground utilities and mainline roadway construction from Union Street to Villa Street. The Phase II section of work is anticipated to be completed by July 3~d, 2008 and open to local residents and vehicular traffic. The project will incorporate upgrades to the existing sanitary sewer system that include: the complete reconstruction of approximately 3,065 lineal feet of 8-inch mainline sewer; the reconstruction of 13 deteriorated brick man- holes; and the replacement of 73 private sani- tary sewer laterals. The cost for the individual sanitary sewer lateral replacements will be assessed to each respective private property owner. The project will also include the reconstruc- tion of approximately 4,000 lineal feet of wa- termain, mainline valves, fire hydrants, and the replacement of 23 lead residential water ser- vices. The cost of the individual lead residen- tial water service replacements will be as- sessed to each respective private property owner. The project also provides for the construc- tion of approximately 2,425 lineal feet of new storm sewer and 28 catch basins to improve the storm water conveyance in the area; the installation of fiber optics and telecommunica- tions conduit infrastructure; and the replace- ment of existing sidewalks along both sides of Rush Street. 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 assess- ment and interested parties for or against the improvement, its cost, the assessment, or the boundaries of the district: That 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 pertain- ing to the regularity of the proceeding and the legality of using the special assessment pro- ced u re. 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. Approved and ordered, placed on file with the City Clerk this 16t" day of April, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 220-07 FIXING DATE OF PUBLIC HEARING ON RESOLUTION OF NECESSITY Whereas, the City Council of the City of Dubuque, Iowa, has given its preliminary ap- proval to the plat, schedule of assessments, and estimated total cost for the Rush Street Reconstruction Project and ordered the plat, schedule of assessments, and estimate of total cost placed on file in the Office of the City Clerk; and Whereas, the proposed Resolution of Ne- cessity for Project has been introduced and is now on file in the Office of the City Clerk. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The City Council will meet on the 7t" day of May, 2007, at the Public Library Auditorium, 360 West 11t" Street, Dubuque, Iowa, at which time the owners of property subject to as- sessment for the proposed improvement or any other person having an interest in the mat- ter may appear and be heard for or against the making of the improvement, the boundaries of 136 Regular Session, April 16, 2007 Book 137 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 a 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. Passed, adopted and approved this 16t" day of April, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Asbury Plaza Area Wastewater Pumping Facilities Project: City Manager recommending initiation of the public bidding process for the Asbury Plaza Area Wastewater Pumping Facil- ities Project and that a public hearing on the plans and specifications, form of contract, and estimated cost be set for May 7, 2007. Upon motion received, filed, and Resolution No. 221- 07 Preliminary approval of plans and specifica- tions, form of contract, and estimated cost for the Asbury Plaza Area Wastewater Pumping Facilities Project; Resolution No. 222-07 Set- ting date of hearing on plans and specifica- tions, form of contract, and estimated cost for the Asbury Plaza Area Wastewater Pumping Facilities Project; and Resolution No. 223-07 Ordering the advertisement for bids for the Asbury Plaza Area Wastewater Pumping Facil- ities Project were adopted setting a public hearing for a meeting to commence at 6:30 p.m. on May 7, 2007, in the Public Library Au- ditorium. RESOLUTION NO. 221-07 PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE ASBURY PLAZA AREA WASTEWATER PUMPING FACILITIES 2007 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 Asbury Plaza Area Wastewater Pumping Facil- ities 2007 Project, in the estimated amount $1,000,470.00, are hereby preliminarily ap- proved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 16t" day of April, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 222-07 FIXING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATED COST FOR THE ASBURY PLAZA AREA WASTEWATER PUMPING FACILITIES 2007 PROJECT Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary ap- proval to the proposed plans, specifications, form of contract, and estimated cost for the Asbury Plaza Area Wastewater Pumping Facil- ities 2007 Project (the Project) and ordered the same to be on file in the office of the City Clerk for public inspection. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a public hearing will be held on the 7t" day of May, 2007, at 6:30 p.m. in the Public Library Auditorium 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 esti- mated cost of the Project. Passed, adopted and approved this 16t" day of April, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 223-07 ORDERING THE ADVERTISEMENT FOR BIDS FOR THE ASBURY PLAZA AREA WASTEWATER PUMPING FACILITIES 2007 PROJECT NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the Asbury Plaza Area Wastewater Pumping Facilities 2007 Project is hereby or- dered to be advertised for bids for construc- tion. BE IT FURTHER RESOLVED, that 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. That 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 Book 137 Regular Session, April 16, 2007 137 the City of Dubuque, Iowa, which notice shall be published more than twenty days but not more than forty-five days before the date for filing bids at 2:00 p.m. on the 10t" day of May, 2007. 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 21St day of May, 2007, in the Public Library Auditorium, 360 West 11t" Street, Dubuque, Iowa. Passed, adopted and approved this 16t" day of April, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk US 20 (Devon Drive to Menards) Capacity Improvements Project -Phase II: City Manag- er recommending initiation of the public bid- ding process for the US 20 (Devon Drive to Menards) Capacity Improvements Project - Phase II and that a public hearing on the plans and specifications, form of contract and esti- mated cost be set for May 7, 2007. Upon mo- tion received, filed, and Resolution No. 224-07 Preliminary approval of plans and specifica- tions, form of contract and estimated cost; Resolution No. 225-07 Setting date of hearing on plans and specifications, form of contract and estimated cost: and Resolution No. 226- 07 Ordering the advertisement for bids for the US 20 (Devon Drive to Menards) Capacity Improvements Project - Phase II were adopted setting a public hearing for a meeting to commence at 6:30 p.m. on May 7, 2007, in the Public Library Auditorium. RESOLUTION NO. 224-07 PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE US 20 (DEVON DRIVE TO MENARDS) CAPACITY IMPROVEMENTS PROJECT - PHASE II, TRAFFIC SIGNAL AND INTELLIGENT TRANSPORTATION SYSTEM IMPROVE- MENTS (STP-A-020-9(187)--22-31) 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 US 20 (Devon Drive to Menards) Capacity Im- provements Project -Phase II, Traffic Signal and Intelligent Transportation System Im- provements (STP-A-020-9(187)--22-31), in the estimated amount $331,430.00, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 16t" day of April, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 225-07 FIXING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATED COST FOR THE US 20 (DEVON DRIVE TO MENARDS) CA- PACITY IMPROVEMENTS PROJECT - PHASE II, TRAFFIC SIGNAL AND INTELLI- GENT TRANSPORTATION SYSTEM IM- PROVEMENTS (STP-A-020-9(187)--22-31) Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary ap- proval to the proposed plans, specifications, form of contract, and estimated cost for the US 20 (Devon Drive to Menards) Capacity Im- provements Project -Phase II, Traffic Signal and Intelligent Transportation System Im- provements (STP-A-020-9(187)--22-31) (the Project) and ordered the same to be on file in the office of the City Clerk for public inspec- tion. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a public hearing will be held on the 7t" day of May, 2007, at 6:30 p.m. in the Public Library Auditorium 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 esti- mated cost of the Project. Passed, adopted and approved this 16t" day of April, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 226-07 ORDERING THE ADVERTISEMENT FOR BIDS FOR THE US 20 (DEVON DRIVE TO MENARDS) CAPACITY IMPROVEMENTS PROJECT - PHASE II, TRAFFIC SIGNAL AND INTELLIGENT TRANSPORTATION SYSTEM IMPROVEMENTS (STP-A-020- 9(187)--22-31) NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the US 20 (Devon Drive to Menards) Capacity Improvements Project - Phase II, Traffic Signal and Intelligent Transportation System Improvements (STP-A-020-9(187)-- 22-31) is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the 138 Regular Session, April 16, 2007 Book 137 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. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than forty- five days prior to the receipt of said bids by the Iowa Department of Transportation by 10 a.m. Central Time on the 15t" day of May, 2007. Bids shall be opened and read by the Iowa Department of Transportation at 10:30 a.m. Central Time on the 15t" day of May, 2007, and will be submitted to the Council for final action at 6:30 p.m. on the 4t" day of June, 2007. Passed, adopted and approved this 16t" day of April, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk BOARDS/COMMISSIONS Appointments to the following Boards/Commissions: Airport Commission, One unexpired term through September 14, 2008 -Term of Goodmann. Applicants: Sue Czeshinski, Terry Mozena, Eric Savage, Timo- thy Rink. By vote of 7-0 Sue Czeshinski was appointed to a 4-year, unexpired term through September 14, 2008. Jones hoped to see the applicants at upcoming vacancies. Mediacom Cultural Foundation: Two ex- pired one-year terms through December 31, 2007 -Terms of Hall and Fabricius. Appli- cants: Gail Chavenelle, Tom Goodman, Rich Hall, Michele McKinlay, Gene Perry, Edwin Riffs, John (Jac) Tilton, Vince Williams, John Woodin, and Cathy Goodman. Gail Chavenelle (4 votes) and Rich Hall (5 votes) were ap- pointed to 1-year, expired terms through De- cember 31, 2007. Cline recognized the quality of the applicants and hoped to see the appli- cants at upcoming vacancies PUBLIC HEARINGS Upon motion the rules were suspended to allow anyone present to address the Council. 827 Garfield Avenue -Request to Rezone: Proof of publication on notice of hearing to consider rezoning property located at 827 Gar- field Avenue from R-2A Two-Family Residen- tial District to R-3 Moderate Density Multi- Family Residential District as requested by Alex Finch/John Finch and Zoning Advisory Commission recommending approval. Motion by Connors to receive and file the documents and that the requirement that a proposed or- dinance be considered and voted on for pas- sage at two Council meetings prior to the meeting at which it is to be passed be sus- pended. Seconded by Cline. Motion carried 7- 0. Motion by Connors for final consideration and adoption of Ordinance No. 15-07 Amend- ing Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by rec- lassifying hereinafter described property lo- cated at 827 Garfield Avenue from R-2A Two- Family Residential District to R-3 Moderate Density Multi-Family Residential District. Seconded by Braig. Staff report was given by Kyle Kritz, Planning Services. Alex Finch, 827 Garfield Avenue, spoke in support of the re- quest to rezone. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 15-07 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DE- SCRIBED PROPERTY LOCATED AT 827 GARFIELD AVENUE FROM R-2A ALTER- NATE TWO-FAMILY RESIDENTIAL DIS- TRICT TO R-3 MODERATE DENSITY MULTI- FAMILY RESIDENTIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassify- ing the hereinafter-described property from R- 2A Alternate Two-Family Residential District to R-3 Moderate Density Multi-Family Residential District, to wit: Northeast 11.8' of Lot 7 and Lot 8 Dreibilbies Addition, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advi- sory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by I aw. Passed, approved and adopted this 16t" day of April, 2007. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald Newspaper the 20t" day of April, 2007. /s/Jeanne F. Schneider, CMC, City Clerk Kivlahan Farms LC -Request to Rezone: Proof of publication on notice of hearing to consider rezoning property located at the southwest corner of the Northwest Arterial / John F. Kennedy Road intersection from AG Book 137 Regular Session, April 16, 2007 139 Agricultural District to R-1 Single-Family Resi- dential District as requested by Kivlahan Farms LC and Zoning Advisory Commission recommending approval. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Jones. Motion carried 7-0. Motion by Connors for final consideration and adoption of Ordin- ance No. 16-07 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinaf- terdescribed property located at the southwest corner of the Northwest Arterial /John F. Ken- nedy Road intersection from AG Agricultural District to R-1 Single-Family Residential Dis- trict. Seconded by Lynch. Staff report was giv- en by Kyle Kritz, Planning Services. John Kiv- lahan, 4922 Wildflower Drive, spoke in support of the rezoning request. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 16-07 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DE- SCRIBED PROPERTY LOCATED NORTH OF DAVID DRIVE FROM AG AGRICULTUR- AL DISTRICT TO R-1 SINGLE-FAMILY RES- IDENTIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassify- ing the hereinafter-described property from AG Agricultural District to R-1 Single-Family Resi- dential District, to wit: Lot 1 of 1 of 1 of 1 of 1 of 1 of 1 of 1 of 1 of 1-9 NE '/4 Section 16 T89N, R2E Lands Inside and Lot 2 of 2 of He- len E. and Mary H. Stewart Subdivision, and to the centerline of the adjoining public right-of- way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advi- sory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by I aw. Passed, approved and adopted this 16t" day of April, 2007. /s/Roy D. Buol, Mayor: Attest: /s/Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald the 20th day of April, 2007. /s/Jeanne F. Schneider, CMC, City Clerk Text Amendment -Design Standards for "Big Box" Retail Uses: Proof of publication on notice of hearing to consider a request from the City of Dubuque to amend Section 3-5.5 of the Zoning Ordinance, Planned Unit Develop- ment, Design Standards for "Big Box" Retail uses and Zoning Advisory Commission re- commending approval. Motion by Michalski 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 7-0. Motion by Michalski for final consideration and adoption of Ordin- ance No. 17-07 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by adding new language regulating "Big Box" retail uses to the Planned Unit Development District, and Ordinance No. 18-07 Amending Appendix A (the Zoning Or- dinance) of the City of Dubuque Code of Or- dinances by amending Section 8 Definitions, by adding a definition for retail commercial uses. Seconded by Braig. Staff report was given by Kyle Kritz, Planning Services. Cline questioned the 60,000 square foot minimum requirement when so many older buildings are smaller than that. Michalski said that this won't fix past mistakes, but that the Unified Devel- opment Code should also address vacant buildings less than 60,000 sq. ft. Motion car- ried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 17-07 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY ADDING NEW LANGUAGE REGULATING "BIG BOX" RETAIL USES TO THE PLANNED UNIT DEVELOPMENT DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Appendix A (The Zoning Ordin- ance) of the City of Dubuque Code of Ordin- ances is hereby amended by amending Sec- tion 3-5.5 (B) modifying the General Require- ments for establishing Planned Unit Develop- ment Districts, as follows: 3-5.5 Planned Unit Development District (PUD) (8) General Requirements: A PUD may be established on any par- cel over two (2) acres for residential, office, commercial or industrial devel- opment. APUD is required for all re- tail commercial uses open to the pub- lic or members which have over sixty thousand (60,000) square feet of building area;. A PUD is also required for regional shopping centers, multi- 140 Regular Session, April 16, 2007 Book 137 family structures over twelve (12) location adjacent to the building units per building, biofuels production approved by the City Manager. A facilities, new industrial parks and shelter that is consistent in design new office parks. and construction with the building Any structure existing at the time shall be installed at the property of adoption of this ordinance which is owner's expense at the sole dis- expanded for retail commercial use to cretion of the City Manager. It over sixty thousand (60,000) square shall be within the sole discretion feet of building area and which ex- of the City Manager whether it is pansion constitutes an increase of used as a bus and paratransit twenty five percent (25%) or more to stop and/or transfer point and at the building area shall be subject to what time it shall be used. An these General Requirements , includ- easement or other arrangement ing rezoning to PUD. acceptable to the City shall be Such PUD district designation(s) granted for location, maintenance, shall be shown on the Official Zoning and unrestricted use of said tran- Map as a P followed by a letter de- sit facilities by the City transit sys- signating the primary use, C (com- tem. These facilities may be in- mercial), O (office), I (industrial), or R stalled at any point in time at the (residential); therefore, showing a PR, sole discretion of the City Manag- PO, PI or PC designation. er. Section 2. Appendix A (The Zoning Ordin- (d) Bicycle paths and parking. ance) of the City of Dubuque Code of Ordin- The building site shall include bi- ances is hereby amended by adding new Sec- cycle paths connected to the tions 3-5.5(D)(4) and 3-5.5(D)(5), which estab- City's planned and existing bike lish special conditions for retail commercial trail system. Flexibility in the tim- uses and regional shopping centers and de- ing of construction of said bicycle sign standards for "big box" retail uses as fol- paths may be allowed at the sole lows: discretion of the City Manager. 3-5.5(D) Development Regulations: Unless the paths are exclusively (4) Special Conditions for Retail for bicycle use, they shall be ap- Commercial Uses and Regional propriately marked with painted Shopping Centers: Special conditions lanes. The building site shall in- shall apply to retail commercial uses clude sheltered bicycle areas with over sixty thousand (60,000) square rack(s) for securing bicycles lo- feet of building area and to regional Gated near the entrance to the shopping centers: building. (a) Sales and display areas. 3-5.5(D) Design Standards for No area outside of the building "Big Box" Retail Uses. Prior to the other than the front facade may commencement of construction of be used for the sales or display of any retail commercial uses or region- merchandise unless a temporary al shopping centers which have over use permit has been obtained one hundred thousand (100,000) from the City of Dubuque. square feet of building area, the ap- (b) Sidewalks, walkways, en- plicant shall submit plans for con- trances and gathering areas. Si- struction for review by the City Coun- dewalks adjacent to the front fa- Gil. cade shall be not less than ten Any structure existing at the time (10) feet wide and shall connect of adoption of this ordinance which is by sidewalks not less than five (5) expanded for retail commercial use to feet wide to public sidewalks and over one hundred thousand (100,000) adjoining retail buildings. Side- square feet of building area and walks shall be concrete or other which expansion constitutes an in- approved hard surface; asphalt crease of twenty five percent (25%) shall be prohibited. Walkways, en- or more to the building area shall be trances, and gathering areas shall subject to these Design Standards. have shade features other than The applicant shall not commence landscaping, such as trellis struc- any such construction unless the City tures, projecting canopies, Gov- Council determines that the plan eyed arcades and porticos. complies with the following standards (c) Transit facilities. The build- for aesthetic and visual characteris- ing site shall include a bus and tics: paratransit stop/transfer point at a Definitions of fagades. For Book 137 Regular Session, April 16, 2007 141 purposes of this section, the building, any part of the the fagades of a building front fagade higher than ele- shall be defined as follows: ven (11) feet shall give the i. Fagade. The portion visual exterior appearance of any exterior elevation on of having more than one the building extending from floor for each additional ele- grade to the top of the pa- ven (11) feet in height, i.e., a rapet, wall or eaves and ex- twenty-two (22) foot high tending the entire length of building shall give the ap- the building. pearance of a two-story ii. Front fagade. The building. front or principal face of a Arcades and other building, containing the weather protection features main entrance; any building shall be of sufficient depth face, which can be touched and height to provide alight- by aline drawn perpendicu- filled and open space along lar to street (public or pri- the front fagade. Architec- vate). tural treatment, similar to iii. Side fagade. The that provided to the front face of a building extending fagade, shall be provided to from the front fagade to the the side fagades to mitigate rear fagade of the building. any negative view from any iv. Rear fagade. The location off-site and any face of a building extending public area (e.g. parking along the rear of the lot or lots, walkways, etc.) on site. site, containing employee A landscape buffer of and service entrances, evergreens approved by the loading docks, etc. City Council shall be re- b) Fagades. The quired along the property building facades shall be line to screen service areas designed in a way that will and rear facades from the reduce the massive scale adjacent property. and minimize a uniform and c) Detail features. The impersonal appearance of building shall include archi- the building, and that will tectural features that contri- provide visual interest con- bute to visual interest at the sistent with the community's pedestrian scale and reduce identity, character, and the massive aesthetic effect scale. by breaking up the building Fagades of one hundred wall, front, and side, with (100) feet or longer shall be color, texture change, wall broken up with projections or offsets, reveals, or projecting recessions not less than five ribs. (5) feet in depth, and in suf- d) Roofs. The roof de- ficient number, to reduce the sign shall provide variations unbroken massing into in rooflines, add interest to, lengths of forty (40) feet or and reduce the massive less along all sides of the scale of, large buildings. building. Projections from Roofs shall include two (2) the facade can be used as or more roof planes. Parapet an alternate approach. walls shall be architecturally The front fagade shall in- treated to avoid a plain, mo- clude windows, arcades, notonous look. awnings, projecting cano- The roof design shall fur- pies, covered walkways, they provide for a green roof, porticos, or other acceptable herein defined as a roof of a features along at least sixty building that is not less than percent (60%) of the front fifty percent (50%) covered fagade length and over at with vegetation and soil, or a least twenty five percent growing medium, planted (25%) of the front fagade over a waterproofing mem- area. brane. It may also include Except for entrances to additional layers such as a 142 Regular Session, April 16, 2007 Book 137 root barrier and drainage rying roof planes or with pa- and irrigation systems. rapet walls. A wood fence or Unhealthy or dead vege- similar treatment is not ac- tation shall be removed with- ceptable. in seven (7) days and re- h) Parking lots. Park- placed with suitable new ing lots fronting on public plant materials at the earliest streets shall be set back 12 practical time, but not longer feet from the right-of-way than nine (9) months, based and eight (8) feet from inter- on the appropriate season. nal drives measured from e) Materials and col- the edge of the paving. A or. The building shall have landscaped buffer strip at exterior building materials least twelve (12) feet wide and colors that are aestheti- shall be provided between cally pleasing and compati- all surface parking areas ble with materials and colors and the sidewalk or street. that are used in adjoining The buffer strip shall consist neighborhoods. This in- of landscaped earth berms, cludes the use of high- shade trees, low shrubs quality materials and colors and/or perennial flowers (3 that are low reflective, sub- feet in height maximum), tle, neutral, or earth tone. and a decorative metal Certain types of colors shall fence no more than 4 feet be avoided such as fluores- high supported between de- cent or metallic although corative masonry columns. brighter colors in limited Use of biofiltration methods quantities may be used on of landscape and drainage is building trim and as accents encouraged. at the discretion of the City A landscape buffer at Council. Construction mate- least twelve (12) feet wide rials such as tilt-up concrete, shall be provided along the smooth-faced concrete rear and sides of all surface block, prefabricated steel parking lots. The area shall panels, and other similar be planted with shade trees, materials shall be avoided coniferous trees, and deci- unless the exterior surface duous and/or evergreen incorporates an acceptable shrubs. architectural treatment. Not Parking bays in excess less than seventy-five per- of eleven (11) spaces in cent (75%) of the front of the length shall be divided by in- building and fifty percent termediate landscaped isl- (50%) of the sides of the ands at intervals of eleven building shall be brick or (11) spaces. For single park- stone. ing bays, landscaped islands f) Entryways. The shall provide at least one building design shall provide parking space of landscape design elements which area (9 x 18 feet) and shall clearly indicate to customers be planted with one orna- where the entrances are lo- mental/dwarf tree, low Gated and which add aes- shrubs, perennial flowers thetically pleasing character and/or ground cov- to buildings by providing er/ornamental grasses (3 highly-visible customer en- feet in height max.). trances. For double parking bays, g) Screening of me- both the end landscaped isl- chanical equipment. Me- ands and the intermediate chanical equipment shall be landscaped islands shall screened to mitigate noise provide a double parking and views in all directions. If space of landscape area (9 roof-mounted, the screen x 36 feet) and shall be shall be designed to conform planted with one shade tree architecturally to the design or two ornamental/dwarf of the building either with va- trees, low shrubs, perennial Book 137 Regular Session, April 16, 2007 143 flowers and/or ground cov- er/ornamental grasses (3 feet in height maximum). All parking lot landscap- ing shall comply with City standards, be mulched to a depth of 4 inches with high quality, finely shredded mulch and shall be watered by an automatic, under- ground irrigation system. Unhealthy or dead land- scape plantings shall be re- moved as soon as possible (within seven (7) days). Unhealthy land- scape plantings and lawns shall be replaced with suita- ble new plant materials at the earliest practical time (within maximum of nine (9) months) based on the ap- propriate season. i) Employee parking. The applicant shall provide for employee parking behind the building. j) Amenities. The building site shall include at least one public gathering space, such as a patio seat- ing area, pedestrian plaza with benches, outdoor play area, and not less than two public space amenities, such as kiosks, a water feature, a clock tower, or a landscaped site for public artwork. Pe- destrian public space shall be shaded, landscaped, and screened. The size of the public gathering space shall not be less than one percent (1%) of the gross enclosed building area. Any conflict between these standards and the PUD Ordinance shall be re- solved in favor of the stricter standard. In determining whether the plan complies with the above standards, the City Council may accept alterna- tive or substitute features which have a comparable aesthetic and visual effect in light of the location and to- pography of a particular site. Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Advi- sory Commission of the City of Dubuque, Iowa. Section 4. This ordinance shall take effect immediately upon publication, as provided by I aw. Passed, approved and adopted this 16t" day of April, 2007. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald the 20t" day of April, 2007. /s/Jeanne F. Schneider, CMC, City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 18-07 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY AMENDING SECTION 8 DEFINITIONS, BY ADDING A DEFINITION FOR RETAIL COM- MERCIAL USES. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Appendix A (The Zoning Ordin- ance) of the City of Dubuque Code of Ordin- ances is hereby amended by adding a new definition to Section 8 as follows: Retail Commercial Uses: Astand-alone building with a large parking lot or a part of a larger commercial center, including but not limited to: department store, grocery store, supermarket, wholesale club opera- tion, discount store, general merchandise retailer, specialized product store (i.e., - electronics, building materials or pet sup- plies), outlet store, general merchandise wholesaler open to the public, warehouse club, and similar uses. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advi- sory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by I aw. Passed, approved and adopted this 16t" day of Apri1,2007. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald Newspaper the 20t" day of April, 2007. /s/Jeanne F. Schneider, CMC, City Clerk Text Amendment -Establishing Standards for Biofuels Production Facilities: Proof of pub- lication on notice of hearing to consider a re- quest from the City of Dubuque to amend Sec- tion 3-5.5 of the Zoning Ordinance, Planned Unit Development, establishing standards for biofuels production facilities and Zoning Advi- sory Commission recommending approval. Motion by Connors to receive and file the doc- 144 Regular Session, April 16, 2007 Book 137 uments as amended and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Jones. Staff re- port was given by Kyle Kritz, Planning Servic- es. Michalski recommended the words "but not limited to" be added before "biofuels produc- tion." Motion carried 7-0. Motion by Jones for final consideration and adoption of Ordinance No. 19-07 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by adding new language establish- ing standards for biofuels production facilities to the Planned Unit Development District as amended. Seconded by Braig. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 19-07 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY ADDING NEW LANGUAGE ESTABLISHING STANDARDS FOR BIOFUELS PRODUC- TION FACILITIES TO THE PLANNED UNIT DEVELOPMENT DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by adding a new Section 3-5.5 (D)(6) which establishes standards for Biofuels Production Facilities as fo I I ows: 3-5.5(D)(6) Standards for Biofuels Pro- duction Facilities. Prior to the commence- ment of construction of any biofuels (in- cluding, but not limited to, ethanol and bio- diesel) production facility, the applicant shall submit plans for construction for re- view by the City Council. The applicant shall not commence any such construction unless the City Council determines that the plan complies with the following standards intended to protect the health, safety, and general welfare of the residents of Dubu- que: a) A traffic impact analysis shall be provided by the applicant. b) Access to the facility shall be paved. c) The applicant shall provide documentation sufficient to demon- strate that the paving of public right- of-way between the facility and des- ignated truck route(s) is sufficient to carry, without damage to the road- way, the weight, size and frequency of the loads of grain and liquid and any by-product entering or leaving the facility by truck. d) If the public right-of-way is not capable of carrying the weight, size and frequency of said loads, then the applicant may be required to make upgrades to the paving in order for the pavement to handle the weight, size and frequency of said loads. e) The applicant shall acquire sufficient right-of-way and construct all turning lanes and traffic signals necessary to handle the increase in truck traffic. f) The applicant shall attest in writing that the facility shall be oper- ated and maintained in compliance with all applicable federal and state environmental standards and regula- tions. g) The applicant shall provide a dimensioned map that indicates the dispersal of steam, smoke, or other discharge from the facility based on the prevailing winds, and describe what air pollution control equipment will be provided. Biomass and natural gas-fired facilities are preferred to coal-fired facilities. h) The applicant shall provide a dimensioned site lighting plan indicat- ing proposed illumination patterns and light levels on the facility site and in the environs surrounding the site. Illumination of parking and other on- site facilities shall be controlled by cut-off style luminaries that reduce off-site spillover of light. Illumination at the property line shall not exceed approximately one footcandle. i) All fuel storage tanks shall be located in a manner that will not allow for contamination of any groundwater or surface water. j) All fuel storage tanks shall be within an impermeable contain- ment levee system, in a manner compliant with all federal, state, and local rules and regulations. Any conflict between these standards and the PUD Ordinance shall be resolved in favor of the stricter standard. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advi- sory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by I aw. Passed, approved and adopted this 16t" day of April, 2007. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk Book 137 Regular Session, April 16, 2007 145 Published officially in the Telegraph Herald Newspaper the 20t" day of April, 2007. /s/Jeanne F. Schneider, CMC, City Clerk day of April, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 2007 Asphalt Paving Project: Proof of pub- lication on notice of hearing to consider adop- tion of the plans and specifications, form of contract, and estimated cost for the 2007 As- phalt Paving Project and City Manager re- commending approval. Motion by Cline to re- ceive and file the documents and adopt Reso- lution 227-07 Approval of plans and specifica- tions, form of contract, and estimated cost for the 2007 Asphalt Paving Project. Seconded by Michalski. Motion carried 7-0. RESOLUTION NO. 227-07 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE 2007 ASPHALT PAVING 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 2007 Asphalt Paving Project, in the estimated amount $902,085.38, are hereby approved. Passed, adopted and approved this 16t" day of April, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Downtown Streetlight and Traffic Signaliza- tion Pole Painting Project: Proof of publication on notice of hearing to consider adoption of the plans and specifications, form of contract, and estimated cost for the Downtown Street- light and Traffic Signalization Pole Painting Project and City Manager recommending ap- proval. Motion by Connors to receive and file the documents and adopt Resolution No. 228- 07 Approval of plans and specifications, form of contract, and estimated cost for the Down- town Streetlight and Traffic Signalization Pole Painting Project. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 228-07 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE DOWNTOWN STREET- LIGHT & TRAFFIC SIGNALIZATION POLE PAINTING 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 Downtown Streetlight & Traffic Signalization Pole Painting Project, in the estimated amount $73,668.54, are hereby approved. Passed, adopted and approved this 16t" Valentine Park Rest Room Project: Proof of publication on notice of hearing to consider adoption of the plans and specifications, form of contract, and estimated cost for the Valen- tine Park Rest Room Project and City Manager recommending approval and award of the con- tract to Mike Strub, Inc., in the amount of $66,662.07. Motion by Connors to receive and file the documents and adopt Resolution No. 229-07 Approval of plans and specifications, form of contract, and estimated cost for the Valentine Park Rest Room Project; Resolution No. 230-07 Awarding contract for the Valentine Park Rest Room Project; and Resolution No. 231-07 Approving construction contract with Mike Strub, Inc., for the Valentine Park Rest Room Project. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 229-07 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS WHEREAS, on the 5th day of March, 2007, plans, specifications, form of contract and es- timated cost were filed with the City Clerk of Dubuque, Iowa for the Valentine Park Rest Room Project. WHEREAS, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby ap- proved as the plans, specifications, form of contract and estimated cost for said improve- ments for said project. Passed, approved and adopted this 16th day of April, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 230-07:: AWARDING CONTRACT WHEREAS, sealed proposals have been submitted by contractors for the Valentine Park Rest Room Project pursuant to Resolution No. 134-07, and notice to bidders published in a newspaper published in the City of Dubuque, Iowa, on the 9th day of March, 2007. WHEREAS, said sealed proposals were opened and read on the 5th day of April, 2007, and it has been determined that the bid of Mike Strub, Inc. in the amount of $66,662.07 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the plans and specifications. NOW THEREFORE, BE IT RESOLVED 146 Regular Session, April 16, 2007 Book 137 BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above improve- ment be awarded to Mike Strub, Inc., and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to re- turn the bid deposits of the unsuccessful bid- ders. Passed, approved and adopted this 16th day of April, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 231-07 APPROVING CONSTRUCTION CONTRACT WITH MIKE STRUB, INC. FOR THE VALEN- TINE PARK REST ROOM PROJECT Whereas, the City Council by Resolution No. 134-07 awarded the construction contract for the Valentine Park Rest Room Project to Mike Strub, Inc.; and Whereas Mike Strub, Inc. has submitted the attached executed contract and bond. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 1. The contract and bond attached hereto are hereby approved. 2. The City Manager is hereby authorized and directed to execute the contract on behalf of the City of Dubuque. Passed, approved and adopted this 16th day of April, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk REINSTATE THE RULES Upon motion the rules were reinstated li- miting discussion to the City Council. ACTION ITEMS North Grandview Dog Park Relocation: Request from Thomas J. Richard, representing the residents of lower Aspen Court, to address the City Council regarding the relocation of the North Grandview Avenue Dog Park and sub- mitting avideo for City Council review. Motion by Cline to receive and file the documents and refer to City Manager. Seconded by Connors. Neighborhood representative Roger Ruden, 1020 Aspen Ct, stated a need to move the park citing sustained barking, unsafe parking conditions, and the unsightliness of the grounds. Mr. Ruden presented site selection criteria on successful park models from around the country. He also said that the neighbor- hood is in favor of a City dog park, but it is not conducive to a residential neighborhood or in line with the Council's mission statement. Connors questioned the difference between noise from the park and regular traffic noise. Braig said that there is not sustained barking nor is the park unattractive according to her personal experience with the park. Leisure Services Manager Gil Spence said that alter- native sites are being explored at 16t" St. and Roosevelt Park. Council concurred to refer the matter to the City Manager fora recommenda- tion, that included neighborhood input, to be brought back to Council. Motion carried 7-0. Newt Marine: Request of Carter Newt, Newt Marine, to address the City Council re- garding the lease extension for Dubuque Ter- minal, Inc. Motion by Cline to receive and file the documents and refer to City Attorney. Seconded by Braig. Carter Newt, 1738 Viza- leea, spoke in favor of the lease extension citing the dependency of three, long-term business contracts upon this lease. Motion carried 7-0. Final Plat -Miller Place: Zoning Advisory Commission recommending approval of the final plat of Lot 1-1 and 2-1 of Miller Place as requested by Weber Surveying, LLC. Motion by Cline to receive and file the documents and adopt Resolution No. 232-07 Approving the final plat of Lots 1-1 and 1-2 Miller Place in Dubuque County, Iowa. Seconded by Michals- ki. Motion carried 7-0. RESOLUTION NO. 232-07 RESOLUTION APPROVING THE FINAL PLAT OF LOTS 1-1 AND 1-2 MILLER PLACE IN DUBUQUE COUNTY, IOWA Whereas, there has been filed with the City Clerk a Final Plat of Lots 1-1 and 1-2 Miller Place; and Whereas, the Final Plat has been ex- amined by the Zoning Advisory Commission and has its approval endorsed thereon, with the waiver of Article IV, Design and Improve- ment Standards of the Subdivision Regula- tions, except for Section 42-19, Blocks and Lots, and installation of a 24-foot wide private street and 37 1/2-foot radius cul-de-sac; and Whereas, said Final Plat has been ex- amined by the City Council and they find that it conforms to the statutes and ordinances relat- ing thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council hereby waives Article IV, Design and Improvement Standards of the Subdivision Regulations, except Section 42-19, Blocks and Lots, and that a private street (Wood Gate Drive) be constructed to a Book 137 Regular Session, April 16, 2007 147 24-foot width and 37 1/2-foot radius cul-de-sac and maintained as part of Miller Place. Section 2. That the Final Plat of Miller Place is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubu- que, Iowa, upon said final plat, provided the owners of said property herein named, ex- ecute their written acceptance hereto attached agreeing: a) A private street (Wood Gate Drive) be constructed to a 24-foot width and 37 1/2-foot radius cul-de-sac in ac- cordance with improvement plans signed on March 29, 2007. Section 3. That in the event Bill Miller Log- ging, Inc. fails to execute the acceptance with- in 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 effec- tive. Passed, approved and adopted this 16t" day of April 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk ACCEPTANCE OF RESOLUTION NO. 232-07 I, the undersigned, Bill Miller, representing Bill Miller Logging, Inc., having read the terms and conditions of the Resolution No. 232-07 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 16t" day of April 2007. /s/ Bill Miller Final Plat of Silver Oaks Estates Subdivi- sion: City Manager recommending approval of the final plat of Silver Oaks Estates Subdivi- sion, subject to conditions. Motion by Michalski to receive and file the documents and adopt Resolution No. 233-07 Approving the final plat of Silver Oaks Estates in Dubuque County, Iowa. Seconded by Cline. Connors expressed concern over the proximity to the airport and noise. Braig asked if this subdivision would be grandfathered if the two-mile buffer around the airport is implemented. City Attorney Lindahl said it would be exempt. Motion carried 7-0. RESOLUTION NO. 233-07 RESOLUTION APPROVING THE FINAL PLAT OF SILVER OAKS ESTATES IN DU- BUQUE COUNTY, IOWA Whereas, there has been filed with the City Clerk a Final Plat of Silver Oaks Estates; and Whereas, the preliminary plat has been examined by the Zoning Advisory Commission and has its approval endorsed thereon, with the waiver of Article IV, Design and Improve- ment Standards of the Subdivision Regula- tions, except for Section 42-19, Blocks and lots, waiving Section 42-19(b) lot frontage re- quirement for Lot 14, and double frontage re- strictions for Lots 2, 3 and 31-37; and Whereas, said final plat has been reviewed by the City Planner and had her approval en- dorsed thereon; and Whereas, said final plat has been ex- amined by the City Council and they find that it conforms to the statues and ordinances relat- ing thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council hereby waives Article IV, Design and Improvement Standards of the Subdivision Regulations, except Section 42-19, Blocks and Lots, waiving Section 42- 19(b) lot frontage requirements for Lot 14, double-frontage restriction for Lots 2,3 and 31- 37, and City Engineering cul-de-sac standard. Section 2. The final plat of Silver Oaks Es- tates is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubu- que, Iowa, upon said final plat, provided the owners of the said property herein named, execute their written acceptance hereto at- tached agreeing: a) To construct the private streets (Silver Oaks Drive, Talyn Court, Silver Oaks Court, Roane Drive and Elle Court) to a 26-foot pav- ing width and Dubuque County Standards for paving thickness and base stone in accordance with approved improvement plans. Section 3. That in the event Royal Oaks Development fails to execute the acceptance within 180 days after the date of this Resolu- tion, the provisions hereof shall be null and void and the approval of the plat shall not be effective. Passed, approved and adopted this 16t" day of April 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk ACCEPTANCE OF ORDINANCE NO. 233-07 I, the undersigned, A. J. Spiegel, representing Royal Oaks Development, having read the terms and conditions of the foregoing Ordinance No. 233-07 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 16t" day of April 2007. /s/ A. J. Spiegel Tax Increment Ordinance -Greater Down- town Urban Renewal District: City Manager 148 Regular Session, April 16, 2007 Book 137 recommending approval of an amendment of the Tax Increment Ordinance to establish the use of tax increment financing to existing and expanding areas of the amended Greater Downtown Urban Renewal District. Motion by Connors to receive and file the documents and that the requirement that a proposed ordin- ance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Jones. Motion carried 7-0. Mo- tion by Connors for final consideration and adoption of Ordinance No. 20-07 Amending Ordinance Nos. 35-04, 30-82 and 66-89, as previously amended, providing that general property taxes levied and collected each year on all property located within the Greater Downtown Urban Renewal District of the City of Dubuque, County of Dubuque, State of Iowa, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and oth- er taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, includ- ing bonds issued or to be issued, incurred by said City in connection with the Urban Renew- al Plan for the Greater Downtown Urban Re- newal District. Seconded by Braig. Motion car- ried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 20-07 AN ORDINANCE AMENDING ORDINANCE NOS. 35-04, 30-82 AND 66-89, AS PRE- VIOUSLY AMENDED, PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROP- ERTY LOCATED WITHIN THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT OF THE CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF DUBUQUE, COUNTY OF DUBU- QUE, DUBUQUE COMMUNITY SCHOOL DISTRICT, AND OTHER TAXING DIS- TRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND IN- TEREST ON LOANS, MONIES ADVANCED TO AND INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, IN- CURRED BY SAID CITY IN CONNECTION WITH THE URBAN RENEWAL PLAN FOR THE GREATER DOWNTOWN URBAN RE- NEWAL DISTRICT WHEREAS, the City Council of the City of Dubuque, Iowa (the "City") has heretofore, in Ordinance No. 30-82, provided for the division of taxes within the original Downtown Dubuque Urban Renewal Project, Iowa R-15, described in Resolution No. 123-67 adopted on May 18, 1967, pursuant to Section 403.19 of the Code of Iowa; and WHEREAS, the original Downtown Dubu- que Urban Renewal Project, Iowa R-15, sub- sequently was amended by Resolution No. 79- 71 approved on March 15, 1971, by Resolution No. 73-74 approved on March 11, 1974, by Resolution No. 107-82 approved on May 3, 1982, by Resolution No. 191-84 approved on June 25, 1984, by Resolution No. 371-93 ap- proved on December 6, 1993, by Resolution No. 145-94 approved on May 2, 1994, by Res- olution No. 479-97 approved on November 17, 1997, by Resolution No. 476-98 approved on October 19, 1998 and by Resolution No. 187- 02 approved on April 1, 2002, which amend- ments, among other things, added areas re- ferred to as the Old Main Subarea, Town Clock Expansion Subarea and Upper Main Subarea to the area of the Downtown Dubu- que Urban Renewal District; and WHEREAS, consistent with the foregoing amendments, Ordinance No. 30-82 subse- quently was amended by Ordinance Nos. 23- 94, 36-94, 67-97, and 26-02 to provide for the division of taxes within the several subareas of the amended Downtown Dubuque Urban Re- newal District; and WHEREAS, the City Council of the City has heretofore, in Ordinance No. 66-89, pro- vided for the division of taxes within the origi- nal Ice Harbor Urban Renewal District, de- scribed in Resolution No. 403-89 adopted on December 18, 1989, pursuant to Section 403.19 of the Code of Iowa; and WHEREAS, the original Ice Harbor Urban Renewal District subsequently was amended by Resolution No. 241-00 approved on June 5, 2000 and by Resolution 114-02 approved on March 4, 2002, which amendments, among other things, added an additional area referred to as Subarea B to the area of the Ice Harbor Urban Renewal District; and WHEREAS, consistent with the foregoing amendment, Ordinance No. 66-89 subse- quently was amended by Ordinance No. 97-00 to provide for the division of taxes within the two subareas of the amended Ice Harbor Ur- ban Renewal District; and WHEREAS, the original Downtown Dubu- que Urban Renewal District and the original Ice Harbor Urban Renewal District and their respective Subareas have been combined into a single urban renewal area, under the terms of an Urban Renewal Plan for the Greater Downtown Urban Renewal District, pursuant to Resolution No. 170-04 adopted on April 19, 2004; and WHEREAS, consistent with foregoing amendment, Ordinance Nos. 30-82 and 66-89 were amended by Ordinance No. 35-04 to provide for the division of taxes within the vari- ous sub-areas of the Greater Downtown Urban Renewal District; and WHEREAS, the Urban Renewal Plan for Book 137 Regular Session, April 16, 2007 149 the Greater Downtown Urban Renewal District was amended and restated as an Amended and Restated Urban Renewal Plan, pursuant to Resolution No. 108-07 approved on Febru- ary 20th, 2007, to provide for the further ex- pansion of the Greater Downtown Urban Re- newal District; and WHEREAS, indebtedness has been in- curred by the City, and additional indebted- ness is anticipated to be incurred in the future, to finance urban renewal project activities with- in the combined area known as the Greater Downtown Urban Renewal District (the "Greater Downtown Urban Renewal District"), and the continuing needs of redevelopment within the Greater Downtown Urban Renewal District are such as to require the continued application of the incremental tax resources of the Greater Downtown Urban Renewal District; and WHEREAS, the following enactment is ne- cessary to accomplish the objectives de- scribed in the premises. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, THAT: Ordinance No. 35-04 (Ordinance No. 30- 82, as amended by Ordinance Nos. 23-94, 36- 94, 67-97, and 26-02, and Ordinance No. 66- 89, as amended by Ordinance No. 97-00) is hereby amended to read as follows: Section 1: For purposes of this Ordinance, the following terms shall have the following meanings: (a) Oriainal Town Clock Subarea shall mean that portion of the Amended Project Area initially described in the Urban Renewal Plan for the Downtown Dubuque Urban Re- newal Project, Iowa R-15, approved by Reso- lution No. 123-67 on May 18, 1967, as amended by the Amended and Restated Ur- ban Renewal Plan for the Greater Downtown Urban Renewal District approved by Resolu- tion No. 108-07 on February 20th, 2007, which Original Town Clock Subarea includes the lots and parcels located within the area now legally described as follows: Beginning at the intersection of the north right-of-way line of Ninth Street with the east right-of-way line of Cen- tral Avenue; thence south along the east right-of-way line of Central Ave- nue to its intersection with the south right-of-way line of Fourth Street; thence west along the south right-of- way line of Fourth Street to its inter- section with the west right-of-way line of Locust Street; thence north along the west right-of-way line of Locust Street to its intersection with the north right-of-way line of Ninth Street, but also including the adjacent City Lots 623 and 624 (Dubuque Museum of Art), the Locust Street Parking Ramp between 8th and 9th Streets and the former U.S. Federal Building located on City Lots 101, 102, 139, 140, and the N 54.5' of City Lots 103 & 138, and the vacated alley between said lots; thence east along the north right- of-way line of Ninth Street to its inter- section with the east right-of-way line of Central Avenue, but also including the adjacent Iowa Inn property and the public parking lot known as Park- ing Lot Number 1 located between 9th and 10th Streets east of Iowa Street, to the point of beginning (b) Old Main Subarea shall mean that portion of the Amended Project Area initially described in the Amended and Restated Ur- ban Renewal Plan for the Downtown Dubuque Urban Renewal District approved by Resolu- tion No. 145-94 on May 2, 1994, which Old Main Subarea includes the lots and parcels located within the area legally described as fo I I ows: Beginning at the intersection of the south right-of-way line of Fourth Street with the east right-of-way line of Central Avenue; thence west along the south right-of-way line of Fourth Street to the west right-of-way line of Locust Street; thence south along the west right-of-way line of Locust Street to the north right-of-way line of the Locust Street Connector; thence east along the north right-of-way line of the Locust Street Connector to the west right-of-way line of Highways 151/61; thence north along the west right-of- line of Highways 151/61 to the point of beginning. (c) Town Clock Expansion Subarea shall mean that portion of the Amended Project Area initially described in the Amended and Restated Urban Renewal Plan for the Down- town Dubuque Urban Renewal District ap- proved by Resolution No. 479-97 on Novem- ber 17, 1997, which Town Clock Expansion Subarea includes the lots and parcels located within the area legally described as follows: South 1/2 of City Lot 167, City Lot 168 and City Lot 168A; Lots 1 & 2 of City Lots 204, 205, 206, 207 and 208, N. 23' of City Lot 263, S. 28.5' of City Lot 263, N. 1/2 of City Lot 262, S. 1/2 of City Lot 262, N. 1/2 of City Lot 261, all in Section 24, Township 89 North, Range 2 East, 5th p.m., Dubuque County, Iowa and any adjoining pub- lic right-of-way. (d) Upper Main Subarea shall mean that portion of the Amended Project Area initially described in the Amended and Restated Ur- ban Renewal Plan for the Downtown Dubuque 150 Regular Session, April 16, 2007 Book 137 Urban Renewal District approved by Resolu- tion No. 187-02 on April 1, 2002, as amended by the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renew- al District approved by Resolution No. 108-07 on February 20th, 2007, which Upper Main Subarea includes the lots and parcels located within the area legally described as follows: On the North by Fourteenth Street, on the West by Locust Street but also in- cluding adjacent City Lots 660, 659, 658A and 658 except the south 1' of City Lot 658 (Carnegie-Stout Public Library), on the South by the Town Clock Expansion Subarea and on the East by Central Avenue, including all public rights-of-way. (e) Ice Harbor Subarea A shall mean that portion of the Amended Project Area initially described in the Urban Renewal Plan for the Ice Harbor Urban Renewal District approved by Resolution No. 403-89 on December 18, 1989, which Ice Harbor Subarea A includes the lots and parcels located within the area legally described as follows: that area generally bounded on the north by the public alley located be- tween the vacated Fourth Street and Third Street, on the west by the Chi- cago, Central and Pacific Railroad right-of-way, on the south by East First Street and on the east by the municipal limits of the City of Dubu- que, Iowa and including any adjoining public right-of-way. (f) Ice Harbor Subarea B shall mean that portion of the Amended Project Area initially described in the Amended and Restated Ur- ban Renewal Plan for the Ice Harbor Urban Renewal District approved by Resolution No. 241-00 on June 5, 2000, which Ice Harbor Subarea B includes the lots and parcels lo- cated within the area legally described as fol- I ows: that area generally bounded on the north and west by the Chicago, Cen- tral and Pacific Railroad right-of-way, on the south by the northerly boun- dary of the Ice Harbor Subarea A and on the east by the municipal limits of the City of Dubuque, Iowa (excluding Lot 1 Adams Co.'s 2nd Addition) and including any adjoining public right-of- way (g) Ice Harbor Subarea C shall mean a portion of the Amended Project Area added by the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renew- al District approved by Resolution No. 108-07 on February 20th, 2007, consisting of Lot 1 Adams Co.'s 2nd Addition and any adjoining public right-of-way. (h) Amended Proiect Area shall mean the areas of the City of Dubuque, Iowa in- cluded within the Original Town Clock Sub- area, the Old Main Subarea, the Town Clock Expansion Subarea, the Ice Harbor Subarea A, the Ice Harbor Subarea B, and the Ice Har- bor Subarea C, each as described in this Sec- tion. (i) Urban Renewal Plan shall mean the Amended and Restated Urban Re- newal Plan for the Greater Downtown Urban Renewal District, approved by Resolution No. 108-07 on February 20th, 2007, as the same may be amended from time to time. Section 2: The taxes levied on the tax- able property in the Amended Project Area, legally described in Section 1 hereof, by and for the benefit of the State of Iowa, City of Du- buque, County of Dubuque, Dubuque Com- munity School District, and all other taxing districts from and after the effective date of this Ordinance shall be divided as hereinafter in this Ordinance provided. Section 3: As to the Original Town Clock Subarea, that portion of the taxes which would be produced by the rate at which the tax is levied each year by or for each of the taxing districts taxing property in the Original Town Clock Subarea upon the total sum of the as- sessed value of the taxable property in the Original Town Clock Subarea as shown on the assessment roll as of January 1, 1966, being the assessment roll last equalized prior to the date of the initial adoption of the Urban Re- newal Plan for the Downtown Dubuque Urban Renewal Project, Iowa R-15, shall be allocated to and when collected be paid into the fund for the respective taxing district as taxes by or for said taxing district into which all other property taxes are paid. The taxes so determined shall be referred herein as the "base period taxes" for such subarea. As to the Old Main Subarea, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 1993, being the assessment roll as of January 1 of the ca- lendar year preceding the effective date of Ordinance No. 23-94. As to the Town Clock Expansion Subarea, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 1996, being the assessment roll as of January 1 of the calendar year preceding the effective date of Ordinance No. 67-97. As to the Upper Main Subarea, base pe- riod taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2001, being the assessment roll as of January 1 of the calendar year preceding the effective date of Ordinance No. 26-02. As to the Ice Harbor Subarea A, base pe- riod taxes shall be computed in the same Book 137 Regular Session, April 16, 2007 151 manner using the total assessed value shown on the assessment roll as of January 1, 1988, being the assessment roll as of January 1 of the calendar year preceding the effective date of Ordinance No. 66-89. As to the Ice Harbor Subarea B, base pe- riod taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 1999, being the assessment roll as of January 1 of the calendar year preceding the effective date of Ordinance No. 97-00. As to the Ice Harbor Subarea C, base pe- riod taxes shall be computed on the same manner using the total assessed value shown on the assessment roll as of January 1, 2006, being the first day of the calendar year preced- ing the effective date of this Ordinance. Section 4: That portion of the taxes each year in excess of the base period taxes for the Amended Project Area, determined for each subarea thereof as provided in Section 3 of this Ordinance, shall be allocated to and when collected be paid into the special tax increment fund previously established by the City of Dubuque to pay the principal of and interest on loans, monies advanced to, or in- debtedness, whether funded, refunded, as- sumed or otherwise, including bonds issued under authority of Section 403.9 or Section 403.12 of the Code of Iowa, incurred by the City of Dubuque, Iowa to finance or refinance, in whole or in part, urban renewal projects undertaken within the Amended Project Area pursuant to the Urban Renewal Plan, except that taxes for the regular and voter-approved physical plant and equipment levy of a school district imposed pursuant to Section 298.2 of the Code of Iowa (but only to the extent re- quired under Section 403.19(2)) and taxes for the payment of bonds and interest of each taxing district shall be collected against all taxable property within the Amended Project Area without any limitation as hereinabove provided. Section 5: Unless or until the total as- sessed valuation of the taxable property in the subareas of the Amended Project Area ex- ceeds the total assessed value of the taxable property in said subareas shown by the as- sessment rolls referred to in Section 3 of this Ordinance, all of the taxes levied and collected upon the taxable property in the Amended Project Area shall be paid into the funds for the respective taxing districts as taxes by or for the taxing districts in the same manner as all other property taxes. Section 6: At such time as the loans, mo- nies advanced, bonds and interest thereon and indebtedness of the City of Dubuque re- ferred to in Section 4 hereof have been paid, all monies thereafter received from taxes upon the taxable property in the Amended Project Area shall be paid into the funds for the re- spective taxing districts in the same manner as taxes on all other property. Section 7: All ordinances or parts of or- dinances in conflict with the provisions of this Ordinance are hereby repealed. The provi- sions of this Ordinance are intended and shall be construed so as to continue the division of taxes from property within the Amended Project Area under the provisions of Section 403.19 of the Code of Iowa, as authorized in Ordinance Nos. 35-04, 30-82 and 66-89, as amended by Ordinance Nos. 23-94, 36-94, 67- 97, 26-02 and 97-00, and to fully implement the division of taxes in Ice Harbor Subarea C. In the event that any provision of this Ordin- ance shall be determined to be contrary to law it shall not affect other provisions or application of this Ordinance which shall at all times be construed to fully invoke the provisions of Sec- tion 403.19 of the Code of Iowa with reference to the Amended Project Area and the territory contained therein. Section 8: This Ordinance shall be in effect after its final passage, approval and pub- lication as provided by law. Passed, approved, and adopted this 16t" day of April, 2007. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald Newspaper the 20t" day of April, 2007. /s/Jeanne F. Schneider, CMC, City Clerk Heron Pond Tree Removal Project: City Manager recommending acceptance of the Heron Pond Tree Removal Project as com- pleted by Top Grade Excavating in the final contract amount of $30,299. Motion by Jones to receive and file the documents and adopt Resolution No. 234-07 Accepting improve- ment, and Resolution No. 235-07 Approving final estimate. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 234-07 ACCEPTING IMPROVEMENT WHEREAS, the contract for the Heron Pond Tree Removal Project has been com- pleted 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: 1. That the recommendation of the City Manager be approved and that said improve- ment be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay 152 Regular Session, April 16, 2007 Book 137 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 16th day of April, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 235-07 FINAL ESTIMATE WHEREAS, the contract for the Heron Pond Tree Removal Project has been com- pleted 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 improve- ment is hereby determined to be $30,299.00, and the said amount shall be paid from the General Fund of the City of Dubuque, Iowa. Passed, approved and adopted this 16th day of April, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Amendment to Chapter 11 Buildings and Regulations: City Manager recommending approval of an amendment to Chapter 11 of the City of Dubuque Code of Ordinances pro- viding that the Building Official may require an engineering study prior to issuance of a permit for construction on bluff land or land adjacent to a bluff to determine that the land or bluff is safe for such construction. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Cline. Motion carried 7-0. Motion by Connors for final consideration and adoption of Ordin- ance No. 21-07 Amending Chapter 11 Build- ings and Building Regulations Section 11-57 Application for Permit by adding a new Sub- section (d) providing that the building official may require an engineering study or studies prior to issuance of a permit for construction on bluff land or land adjacent to a bluff to de- termine that the land or bluff is safe for such construction. Seconded by Cline. Motion car- ried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 21-07 AMENDING CHAPTER 11 BUILDINGS AND BUILDING REGULATIONS SECTION 11-57 APPLICATION FOR PERMIT BY ADDING A NEW SUBSECTION (d) PROVIDING THAT THE BUILDING OFFICIAL MAY REQUIRE AN ENGINEERING STUDY OR STUDIES PRIOR TO ISSUANCE OF A PERMIT FOR CONSTRUCTION ON BLUFF LAND OR LAND ADJACENT TO A BLUFF TO DE- TERMINE THAT THE LAND OR BLUFF IS SAFE FOR SUCH CONSTRUCTION Section 1. Sec. 11-57 of the City of Dubu- que Code of Ordinances is amended by add- ing thereto the following: (d) Construction on Bluff Land or Land Ad- jacent to Bluffs. The application shall indicate whether the construction is on bluff land or land adjacent to a bluff. If the construction is on bluff land or land adjacent to a bluff, prior to the issuance of a permit, the Building Official may require the developer to fund an engi- neering study or studies, to determine whether the bluff land, land adjacent to a bluff, or adja- cent bluff is sufficiently stable to allow for the construction or use. If the Building Official de- termines, based upon the engineering study or studies, that the bluff land, land adjacent to a bluff, or adjacent bluff is not sufficiently stable to allow for the construction or use, the Build- ing Official may require as a condition of the issuance of the permit such stabilization or other measures as the engineering study or studies recommend to make the bluff land, land adjacent to a bluff, or adjacent bluff suffi- ciently stable to allow for the construction or use. Section 2. This Ordinance shall take effect on publication. Passed, approved and adopted the 16t" day of April, 2007. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald Newspaper the 20t" day of April, 2007. /s/Jeanne F. Schneider, CMC, City Clerk PUBLIC INPUT Shawn Ruiz, 2425 Crissy Dr., expressed her concern about the Tarot Card History and Demonstration program being offered June 12 at the Library. She believes it is inappropriate and has spoken with Library Director Susan Henricks about canceling it. Susan has agreed to remove items for purchase and door prizes. Demonstrator Terri Farber, 1113 Main St., said that this program is for entertainment only and not a religious movement. Library Youth Ser- vices Manager Jean Gullikson, 427 Shinoak Ct., said that this program was in response to the Library's Teen Safe Zone priority as well as in response to a teen survey. After discus- sion the Council concurred with City Attorney Lindahl that, per City Code 30-5, exclusive management of the Library belongs to the Li- brary Board of Trustees, and Ms. Ruiz should petition them. Book 137 Regular Session, May 7, 2007 153 CLOSED SESSION CITY OF DUBUQUE, IOWA Upon motion the Council convened closed CITY COUNCIL session at 8:20 p.m. regarding Property Acqui- OFFICIAL sition -Chapter 21.5(1)(j) 2005 Code of Iowa PROCEEDINGS Upon motion Council reconvened regular session at 8:36 p.m. stating that staff had been given proper direction. The Dubuque City Council met in regular session at 6:30 p.m. on May 7, 2007, in the Public Library Auditorium. There being no further business, upon mo- tion the meeting adjourned at 8:37 p.m. /s/ Kevin S. Firnstahl Asst. City Clerk Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michals- ki, City Manager Van Milligen; Assistant City Attorney O'Brien, and Assistant City Attorney Brumwell. Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of reviewing such matters which may properly come before the Council. Invocation was provided by Mayor Buol. Swearing-In of Mayor Pro-Tem Patricia Cline. PROCLAMATIONS Bike Safety Month (May 2007) was ac- cepted by Cindy Temperly; National Tourism Month (May 2007) was accepted by Sue Cze- shinski; Nursing Home Month (May 2007) was accepted by Barbara Barker; and Iowa School Board Recognition Week (May 13-19, 2007) was accepted by Larry Loeppke and Otto Krueger from Dubuque Community Schools and Steve Cornelius from Holy Family Schools. CONSENT ITEMS Motion by Cline to receive, file, refer to staff, approve and adopt resolutions as indi- cated. Seconded by Lynch. Michalski re- quested that (#16) Designated Signatories - Federal Transit Administration Documents, and (#36) Citizen Communications be held for separate discussion. Connors requested that (#37) Home Builders Association of Iowa be held for separate discussion. Motion carried 7- 0. Minutes and Reports Submitted: Cable TV Regulatory Commission of 1/10; Cable TV Teleprogramming Commission of 2/6; City Council of 4/16; Civil Service Commission of 3/28 and 4/5; Environmental Stewardship Ad- visory Commission of 4/3; Historic Preserva- tion Commission of 4/19; Investment Oversight Advisory Commission of 4/25; Proofs of publi- cation of City Council Proceedings of April 2 and 16, 2007; Investment Oversight Advisory 154 Regular Session, May 7, 2007 Book 137 Commission 54t" Quarterly Report, upon mo- tion received and filed. Notice of Claims/Suits: Jeffrey A. and Di- anne Brimeyer for property damage; Allen G. Gloeckner for property damage; Linda M. Lo- ney for property damage; Nationalwide Advan- tage Mortgage Company vs. City of Dubuque Housing Services Department, et al; Ken and Billie Rolwes for property damages; Martha Schmid for vehicle damage, upon motion re- ceived, filed, and concurred. City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Com- munities Assurance Pool: Allen G. Gloeckner for property damage; Alan and Margaret Jones for vehicle damage; Doris Kinsella for personal injury; Ken and Billie Rolwes for property dam- age; Martha Schmid for vehicle damage. City Attorney recommending that the claim of David A. Jones for vehicle damage be referred to MSA Professional Services, Inc., for consider- ation, upon motion received, filed, and con- curred. Cooperative Traffic Paint and Pavement Markings Agreement: City Manager recom- mending approval of a new Cooperative Traffic Paint and Pavement Markings Agreement be- tween the City of Dubuque and County of Du- buque. Upon motion the documents were re- ceived and filed and Resolution No. 236-07 Approving Traffic Paint and Pavement Mark- ings Agreement between the City of Dubuque and Dubuque County was adopted. RESOLUTION NO. 236-07 APPROVING TRAFFIC PAINT AND PAVE- MENT MARKINGS AGREEMENT BETWEEN THE CITY OF DUBUQUE AND DUBUQUE COUNTY Whereas, jurisdiction over certain road- ways in Dubuque County is divided down the centerline between Dubuque County and the City of Dubuque; and Whereas, the City of Dubuque, Iowa, and Dubuque County, Iowa, agree that painting of pavement markings divided down roadway centerlines is not cost efficient or practical; and Whereas, the City of Dubuque is willing to perform traffic paint and pavement marking operations on portions of roadways located in Dubuque county, specifically, Old Highway Road, Cousins Road, Peru Road, Seippel Road, and John F. Kennedy Road; and Whereas, Dubuque County is willing to perform traffic paint and pavement marking operations on portions of roadway located in the city of Dubuque, specifically, English Mill Road, Cottingham Road, North Cascade Road, Riverside Road, Lake Eleanor Road, Middle Road, and Derby Grange Road; and Whereas, it is necessary that the City of Dubuque and Dubuque County enter into an agreement regarding the traffic paint and pavement markings on these roadways. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council of the City of Dubuque hereby approves and directs the Mayor to sign the attached Traffic Paint and Pavement Markings Agreement with Dubuque County for traffic paint and pavement markings on said roadways. Passed, adopted and approved this 7t" day of May 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Grade Crossings -Jones Street and Fifth Street: City Manager recommending approval of the State of Iowa Federal-Aid Grade Cross- ing Surface Repair Agreements between the Chicago, Central & Pacific Railroad, Iowa De- partment of Transportation and the City of Du- buque for the Jones Street and Fifth Street grade crossings. Upon motion the documents were received and filed and Resolution No. 237-07 Approving State of Iowa Federal-Aid Grade Crossing Surface Repair Agreements for the construction of surface improvements at the railroad crossings located at Fifth Street (Agreement A18138) and Jones Street (Agreement A18139) was adopted. RESOLUTION NO. 237-07 APPROVING STATE OF IOWA FEDERAL- AID GRADE CROSSING SURFACE REPAIR AGREEMENTS FOR THE CONSTRUCTION OF SURFACE IMPROVEMENTS AT THE RAILROAD CROSSINGS LOCATED AT FIFTH STREET (AGREEMENT A18138) AND JONES STREET (AGREEMENT A18139) Whereas, the Chicago, Central & Pacific Railroad, Iowa Department of Transportation, and City of Dubuque have agreed to enter into a Federal-Aid Grade Surface Repair Agree- ments for the construction of surface im- provements at the railroad crossings located at Fifth Street and Jones Street; and Whereas, the Iowa Department of Trans- portation has developed a Grade Crossing Surface Repair Force Account Agreement (A18138) dated February 7, 2007, outlining the terms and conditions between the Chicago, Central & Pacific Railroad and the City for the construction of surface improvements at the railroad crossing at Fifth Street is being granted; and Whereas, the Iowa Department of Trans- portation have developed a Grade Crossing Surface Repair Force Account Agreement (A18139) dated February 7, 2007, outlining the Book 137 Regular Session, May 7, 2007 155 terms and conditions between the Chicago, Central & Pacific Railroad and the City for the construction of surface improvements at the railroad crossing at Jones Street is being granted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Grade Crossing Repair Force Account Agreement (A18138) between the Chicago, Central & Pacific Railroad, Iowa Department of Transportation, and the City of Dubuque is hereby approved for the construc- tion of surface improvements at the railroad crossing located at Fifth Street. Section 2. That the Grade Crossing Repair Force Account Agreement (A18139) between the Chicago, Central & Pacific Railroad, Iowa Department of Transportation, and the City of Dubuque is hereby approved for the construc- tion of surface improvements at the railroad crossing located at Jones Street. Section 3. That the Mayor be authorized and directed to execute three copies of said Grade Crossing Repair Force Account Agree- ments (A18138 and A18139). Section 4. Whereas the City has a Railroad Crossing At-Grade Improvements CIP bud- geted in FY08 and FY09 to cover the matching funds for said improvements. Section 5. That a certified copy of the reso- lution be submitted to Chicago, Central and & Pacific Railroad Company and to Iowa De- partment of Transportation by the City Clerk of the City of Dubuque. Passed, adopted and approved this 7t" day of May, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk HUD Lead Paint Hazard Control Grant: City Manager recommending approval of the submission of an application to the US De- partment of Housing and Urban Development for continuation of the Lead-Based Paint Ha- zard Prevention Program, upon motion the documents were received, filed, and approved. Acceptance of Sanitary Sewer Lift Station in Arbor Estates: City Manager recommending acceptance of the sanitary sewer lift station that the developer, Kivlahan Farms, LLC, re- cently completed in Arbor Estates -Phase 3. Upon motion the documents were received and filed and Resolution No. 238-07 Accepting sanitary sewer lift station in Arbor Estates - Phase 3 was adopted. RESOLUTION NO. 238-07 ACCEPTING SANITARY SEWER LIFT STA- TION IN ARBOR ESTATES -PHASE 3 Whereas, pursuant to Resolution 450-05, certain public improvements including a sanita- ry sewer lift station were installed by the de- veloper of Arbor Estates -Phase 3; and Whereas, the sanitary sewer lift station has been completed and the City Manager has examined the work and has filed a certificate stating that the same has been completed in accordance with the plans approved by the City Council and in conformance with City specifications, and has recommended that the sanitary sewer lift station be accepted by the City Council. 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 sani- tary sewer lift station in Arbor Estates -Phase 3 be and the same is hereby accepted. Section 2. That maintenance of said lift sta- tion shall be the responsibility of the contractor and the owner for a period of two years from this date. Passed, adopted and approved this 7t" day of May, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Washington Court Second Addition: City Manager recommending approval of the plat of survey of Washington Court Second Addition. Upon motion the documents were received and filed and Resolution No. 239-07 Approving plat of survey describing the proposed consol- idation of lots owned by the City of Dubuque and Washington Court, LP to be known as Washington Court 2nd Addition was adopted. RESOLUTION NO. 239-07 Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated the 19t" day of April, 2007, prepared by Buesing & Associates, describing the pro- posed consolidation of lots owned by the City of Dubuque and Washington Court, LP to be known as Washington Court 2nd Addition; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plated dated the 19t" day of April, 2007, prepared by Buesing & Associates, relative to the real estate hereina- bove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, 156 Regular Session, May 7, 2007 Book 137 and maintaining water, sewer, drainage, gas, telephone, television cable, fiber optics, and electric lines as may be authorized by the City of Dubuque, Iowa, over and across the wester- ly 20 feet of Washington Court 2nd Addition as shown on said Plat. Section 3. That the City Clerk be and is he- reby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa. Passed, adopted and approved this 7t" day of May, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Demolition of Property at 598 Central Ave- nue: Historic Preservation Commission re- commending City Council approval of a re- quest to demolish the building at 598 Central Avenue. Upon motion the documents were received, filed, and approved. Demolition of Property at 1051 White Street: Historic Preservation Commission re- commending City Council approval of a re- quest to demolish the building at 1051 White Street. Upon motion the documents were re- ceived, filed, and approved. Unified Development Code Sign Review Advisory Committee: City Manager recom- mending approval of the appointment of Joe LoBianco and Tom Culbertson to the Unified Development Code Sign Review Advisory Committee. Upon motion the documents were received, filed, and approved. The Durrant Group -CEBA Contract: City Manager recommending approval of the ex- ecution of a CEBA Loan Agreement in the amount of $50,000 and an Enterprise Zone Funding Agreement to support The Durrant Group's expansion project in the Port of Dubu- que. Upon motion the documents were re- ceived and filed and Resolution No. 240-07 Authorizing the execution of a Community Economic Betterment Account Loan Agree- ment and an Enterprise Zone Funding Agree- ment for Fifty Thousand Dollars ($50,000) with the Durrant Group, Inc. was adopted. RESOLUTION NO. 240-07 AUTHORIZING THE EXECUTION OF A COMMUNITY ECONOMIC BETTERMENT ACCOUNT LOAN AGREEMENT AND AN ENTERPRISE ZONE FUNDING AGREE- MENT FOR FIFTY THOUSAND DOLLARS ($50,000) WITH THE DURRANT GROUP, INC. Whereas, the Community Economic Bet- terment Account (CEBA) program has been created by the Iowa Department of Economic Development to assist in the economic devel- opment efforts of local jurisdictions; and Whereas, on January 11, 2007, the City of Dubuque, Iowa was awarded a twenty-five thousand dollar ($25,000) loan, twenty-five thousand dollar ($25,000) forgivable loan from the CEBA program and Enterprise Zone Bene- fits by the Iowa Department of Economic De- velopment; and Whereas, the City of Dubuque, Iowa de- sires to assist The Durrant Group, Inc. in its efforts to expand its operations in Dubuque and create new, permanent employment op- portunities for local citizens; and Whereas, a CEBA Loan Agreement and Enterprise Zone Funding Agreement, hereto attached and by this reference made a part hereof, is to be executed by and among the Iowa Department of Economic Development, the City of Dubuque and The Durrant Group, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor is hereby autho- rized and directed to endorse, on behalf of the City Council of the City of Dubuque, Iowa, the attached CEBA Loan/Forgivable Loan Agree- ment, Promissory Note and Enterprise Zone Agreement. Section 2. That the City Manager be and he is hereby authorized to disburse loan funds to The Durrant Group, Inc. from the CEBA program in accordance with the terms and conditions of the executed Agreement. Passed, approved and adopted this 7th day of May, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cottingham and Butler -CEBA Contract: City Manager recommending approval of the execution of a CEBA Loan Agreement in the amount of $300,000 and an Enterprise Zone Funding Agreement to support Cottingham and Butler's expansion project in downtown Dubuque. Upon motion the documents were received and filed and Resolution No. 241-07 Authorizing the execution of a Community Economic Betterment Account Loan Agree- ment and an Enterprise Zone Funding Agree- ment for Three Hundred Thousand Dollars ($300,000) with Cottingham and Butler, Inc. was adopted. RESOLUTION NO. 241-07 AUTHORIZING THE EXECUTION OF A COMMUNITY ECONOMIC BETTERMENT ACCOUNT LOAN AGREEMENT AND AN ENTERPRISE ZONE FUNDING AGREE- MENT FOR THREE HUNDRED THOUSAND DOLLARS ($300,000) WITH THE COTTING- HAM AND BUTLER, INC. Book 137 Regular Session, May 7, 2007 157 Whereas, the Community Economic Bet- terment Account (CEBA) program has been created by the Iowa Department of Economic Development to assist in the economic devel- opment efforts of local jurisdictions; and Whereas, on October 19, 2006, the City of Dubuque, Iowa was awarded a one hundred fifty thousand dollar ($150,000) loan, one hun- dred fifty thousand dollar ($150,000) forgivable loan from the CEBA program and Enterprise Zone Benefits by the Iowa Department of Eco- nomic Development; and Whereas, the City of Dubuque, Iowa de- sires to assist Cottingham and Butler, Inc. in its efforts to expand its operations in Dubuque and create new, permanent employment op- portunities for local citizens; and Whereas, a CEBA Loan Agreement and Enterprise Zone Funding Agreement, hereto attached and by this reference made a part hereof, is to be executed by and among the Iowa Department of Economic Development, the City of Dubuque and Cottingham and But- ler, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor is hereby autho- rized and directed to endorse, on behalf of the City Council of the City of Dubuque, Iowa, the attached CEBA Loan/Forgivable Loan Agree- ment, Promissory Notes and Enterprise Zone Agreement. Section 2. That the City Manager be and he is hereby authorized to disburse loan funds to Cottingham and Butler, Inc. from the CEBA program in accordance with the terms and conditions of the executed Agreement. Passed, approved and adopted this 7th day of May, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Purchase of Property - 511-513 Rhomberg Avenue: City Manager recommending approv- al of the purchase of a duplex residential dwel- ling for $92,000 located at 511-513 Rhomberg Avenue as part of the acquisition program as- sociated with the Bee Branch Creek Restora- tion Project. Upon motion the documents were received and filed and Resolution No. 242-07 Approving the acquisition of real estate located at 511-513 Rhomberg Avenue in the City of Dubuque was adopted. RESOLUTION NO. 242-07 APPROVING THE ACQUISITION OF REAL ESTATE LOCATED AT 511-513 RHOM- BERG AVENUE, 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 recom- mended in the 2001 HDR "Drainage Basin Master Plan;" and WHEREAS, a purchase agreement has been finalized with the owner of the seven- teenth 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 legal- ly described property: Lots 12 and 13 in High Street Subdivision in the City of Dubuque, Iowa according to the recorded plat thereof together with any easements and servient es- tates appurtenant thereto, but with such reser- vations and exceptions of title as may be be- low stated, and certain personal property if and as may be herein described or if and an ite- mized list is attached hereto and marked Exhi- bit A" all upon the terms and conditions follow- ing. At the cost of Ninety two thousand dollars ($92, 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 she is hereby authorized and directed to cause said Quit Claim Deed to be recorded in the office of the Dubuque County Recorder, to- getherwith 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. Passed, approved, and adopted this 7th day of May, 2007. Roy D. Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk Asbury Voluntary Annexation: Notification from Steven R. McCann, City Development Board, advising that the matter of the City of Asbury Voluntary Annexation, including non- consenting owners within the urban area of the City of Dubuque, will be considered by the City Development Board on May 9, 2007. Upon motion the documents were received and filed. Designated Signatories -Federal Transit Administration Documents: City Manager re- commending approval of an Authorizing Reso- lution designating the Mayor and the General Manager of KeyLine Transit as the authorized signatories to execute and file all Federal Transit Administration documents on behalf of the City of Dubuque. Motion by Michalski to receive, file, and adopt Resolution No. 243-07 Authorizing the filing of an application with the Federal Transit Administration, an Operating Administration of the United States Depart- 158 Regular Session, May 7, 2007 Book 137 ment of Transportation, for Federal Transpor- tation Assistance authorized by 49 U.S.C. Chapter 53, Title 23 United States Code and other Federal statutes administered by the Federal Transit Administration. Seconded by Connors. Michalski said this distances City Council from control over important issues so Keyline must keep the Council up to date. Mo- tion carried 7-0. RESOLUTION NO. 243-07 AUTHORIZING THE FILING OF APPLICA- TIONS WITH THE FEDERAL TRANSIT AD- MINISTRATION, AN OPERATING ADMINIS- TRATION OF THE UNITED STATES DE- PARTMENT OF TRANSPORTATION, FOR FEDERAL TRANSPORTATION ASSIS- TANCE AUTHORIZED BY 49 U.S.C. CHAP- TER 53, TITLE 23 UNITED STATES CODE AND OTHER FEDERAL STATUTES ADMI- NISTERED BY THE FEDERAL TRANSIT ADMINISTRATION. WHEREAS, the Federal Transportation Administrator has been delegated authority to award Federal financial assistance fora trans- portation project; WHEREAS, the grant or cooperative agreement for Federal Financial assistance will impose certain obligations upon the Appli- cant, and may require the Applicant to provide the local share of the project cost; WHEREAS, the Applicant has or will pro- vide all annual certifications and assurances to the Federal Transit Administration required for the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. The Mayor of the City of Dubu- que or his/her designee (i.e. Transit Division Manager for Keyline) is authorized to execute and file application for Federal assistance on behalf of (Legal Name of Applicant) with the Federal Transit Administration for Federal As- sistance authorized by 49. U.S.C. Chapter 53, Title 23, United States Code, or other Federal statutes authorizing a project administered by the Federal Transit Administration. Section 2. The Mayor of the City of Dubu- que or his/her designee (i.e. Transit Division Manager for Keyline) is authorized to execute and file with its application the annual certifica- tion and assurances and other documents the Federal Transportation Administration requires before awarding a Federal assistance grant or cooperative agreement. Section 3. The Mayor of the City of Dubu- que or his/her designee (i.e. Transit Division Manager for KeyLine)is hereby authorized and directed to execute said grant and cooperative agreements with the Federal Transit Adminis- tration on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest his signature. Passed, approved and adopted this 7t" day of May, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Civil Service Commission: Civil Service Commission submitting the certified lists for the positions of Equipment Operator II, Engi- neering Technician and Sanitation Driver*. Upon motion the documents were received, filed, and made a matter of record. April 5, 2007 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 2007 Code of Iowa, an examination for the position of Equipment Operator II was given on March 15, 2007. We hereby certify that the individu- als listed below have passed this written ex- amination and that vacancies for this position should be made from this list and that the list is good for two (2) years from above date. EQUIPMENT OPERATOR II Brian S. Odefey Paul A. Dement Robert E. Boge Robert J. Barry Jason T. Mouring Tim J. Lattner Brian Lochner Michael J. Kelly Alan J. Sabers John J. Leytem, Jr. Jim R. Powers Ray Behnke Respectfully submitted, Richard Wertzberger, Chairperson Merle Duehr, Loras Kluesner, Civil Service Commission April 5, 2007 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 2007 Code of Iowa, an examination for the position of Engineering Technician was given on March 27, 2007. We hereby certify that the individu- als listed below have passed this written ex- amination and that vacancies for this position should be made from this list and that the list is good for one (1) year from the above date. ENGINEERING TECHNICIAN Dean Matton Christopher N. Hebblewhite Troy W. Kress Thomas M. Fruend Kevin D. Kratz Timothy R. Eden Benjamin D. Neil Samuel I. Logan Charles Gau Thomas R. Kopp Steven J. Fish Adam P. Nieburh Derek G. Snead Respectfully subm itted, Merely Duehr, Chairperson Loras Kluesner, Book 137 Regular Session, May 7, 2007 159 Richard Wertzberger, Civil Service Commission NOTE: The Sanitation Driver List referenced here was certified March 1, 2007, and submit- ted to City Council March 19, 2007. The May 7, 2007, letter here is a signed copy only. Five Flags Center Fiscal Year 2008 Budg- et: City Manager recommending approval of the Fiscal Year 2008 budget for the Five Flags Civic Center. Upon motion the documents were received, filed, and approved. Purchase of Play Equipment for Lincoln School: City Manager recommending approval of the purchase of play equipment from Boland Recreation in the amount of $64,900 to be placed at Lincoln School. Upon motion the documents were received, filed, and approved. Walter Development/Kendal) Hunt Assign- ment of Right to Purchase: City Manager re- commending approval of a request from Wal- ter Development/Kendal)-Hunt of the assign- ment of its right to purchase property in the Dubuque Industrial Center West Seventh Addi- tion to Dubuque Bank & Trust Company. Upon motion the documents were received, filed, and approved. Legislative Communication: Communica- tion to State Representatives Pam Jochum and Pat Murphy requesting that they consider sponsoring an amendment to the Economics Appropriations bill to include funding to support the statewide labor-management program. Upon motion the documents were received and filed. Notice of Intent to Request Release of Funds -Fiscal Year 2008 CDBG Programs: City Manager recommending approval of the publication of a Notice of Intent to Request Release of Funds for Community Development Block Grant (CDBG) program activities. Upon motion the documents were received and filed and Resolution No. 244-07 Authorizing publi- cation of a Notice of Intent to Request Release of Funds for certain Community Development Block Grant Projects for Fiscal Year 2008 (Program Year 2007) was adopted. RESOLUTION NO. 244-07 AUTHORIZING PUBLICATION OF A NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS FOR CERTAIN COMMUNITY DE- VELOPMENT BLOCK GRANT PROJECTS FOR FISCAL YEAR 2008 (PROGRAM YEAR 2007) Whereas, the City of Dubuque will enter in- to a Grant Agreement for the Fiscal Year commencing July 1, 2007, with the U.S. De- partment of Housing and Urban Development, providing for financial assistance to the City under Title I of the Housing and Community Development Act of 1974, as amended; and Whereas, pursuant to the rules and regula- tions as promulgated by the U.S. Department of Housing and Urban Development, an envi- ronmental review has been processed for the hereinafter listed projects to be financed with Community Development Block Grant funds; and Whereas, a notice of "Intent to Request Release of Funds" for said projects will be sent by regular mail to various tribal, federal, state and local public agencies; to the appropriate Regional Office of the Environmental Protec- tion Agency, to the HUD Field Office and to the local news media, individuals and groups known to be interested and believed to be ap- propriate to receive such a notice; and Whereas, any and all comments received as a result of such notice will be duly consi- dered 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 he- reby authorized and directed to publish a No- tice of Intent to Request Release of Funds for the following identified projects and to make the Environmental Review Record for said projects available for public inspection and comment until 5:00 p.m. on May 21, 2007. Such notice shall be in the form of Exhibit "A" attached hereto and made a part hereof. Community Development Block Grant An- nual Plan Projects Fiscal Year 2008 (Program Year 2007) Housing Programs: First Time Home Buyer Program; Historic Preservation Rehab Grant; Homeowner Rehabilitation (Operation: Paintbrush; Operation Upkeep; Residential Rehabilitation Loan Program; Sewer Connec- tion Loan); Housing Administration Services and Staff; Housing Code Enforcement; Hous- ing Rehabilitation Services and Staff; Pur- chase/Rehabilitation/ Resale; Rental Unit Re- habilitation (Emergency Code Enforcement Loan Program; Moderate Income Rental Re- hab Loan Program; Accessibility Rehab; Sin- gle Room Occupancy Rehab); Neighborhood and Community Develop- ment Programs: Accessible Curb Ramps; Child Care Resource and Referral; Community Partnership Program (cp2); Dubuque Dispute Resolution Center; Information and Referral Service; Leadership Training; Neighborhood Development Services and Staff; Neighbor- hood Support Grants; Neighborhood Infra- structure Improvements (Neighborhood Street Overlays; Neighborhood Sidewalk Program; 160 Regular Session, May 7, 2007 Book 137 Neighborhood StepM/all Repair); Neighbor- hood Recreation Program; Senior Center; Washington Tool Library; Zoning Inspection/ Enforcement; Economic Development Programs: Com- mercial/Industrial Building Rehab; Economic Development Financial Assistance Program; Economic Development Program Services and Staff; Planning and Administration: CDBG Ad- ministration Services and Staff; Finance Ser- vices and Staff; City Planning Services; Plan- ning Administration. No funds will be committed prior to comple- tion of a review for other related laws of 24 CFR 58.5, including Section 106, for site- specific projects that are currently unidentified. Section 2. That the environmental review record for each of the projects shall be placed on file in the Office of the Housing and Com- munity Development Department, 1805 Cen- tral, 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 U.S. Department of Housing and Urban Development seven (7) days after pub- lication 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 Pro- tection Act, insofar as the provisions of the said Act apply to the U.S. Department of Hous- ing and Urban 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 per- sonally, 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 environ- mental 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. Passed, approved and adopted this 7t" day of May 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Keystone Area Education Agency I-Net User Agreements: City Manager recommend- ing approval of the Institutional Network User Agreement between the City of Dubuque and Keystone AEA. Upon motion the documents were received, filed, and approved. 2007 - 2008 Deer Management Plan: City Manager recommending that the Urban Deer Management Program be continued for the 2007-2008 hunting season. Upon motion the documents were received, filed, and approved. Administrative Services Agreement: City Manager recommending approval of an amendment to the Administrative Services Agreement between the City and Express Scripts, Inc. through June 30, 2010. Upon mo- tion the documents were received, filed, and approved. Claims Audit for the Third Party Adminis- trator for Health Insurance Plan: City Manager recommending approval to retain Gallagher Benefit Services to assist the City with a Re- quest for Proposal for claims auditing services and an optional claims office operational re- view. Upon motion the documents were re- ceived, filed, and approved. Fiscal Year 2008 Wage Plan and Compen- sation Package for Non-Bargaining Unit Em- ployees: City Manager recommending approv- al of the Fiscal Year 2008 Wage Plan and Compensation Package for Non-Bargaining Unit employees. Upon motion the documents were received and filed and Resolution No. 245-07 Approving the Wage Plan and Com- pensation Package for Non-Bargaining Unit Employees for Fiscal Year 2008 was adopted. RESOLUTION NO. 245-07 APPROVING THE WAGE PLAN AND COM- PENSATION PACKAGE FOR NON- BARGAINING UNIT EMPLOYEES FOR FIS- CAL YEAR 2008 Whereas, the City Manager has recom- mended that the Non-bargaining Unit Wage Plan for Non-bargaining Unit General Em- ployee classifications and the Non-bargaining Unit Wage Plan for Non-assigned classifica- tions be increased by 3% across-the-board effective July 1, 2007 except that there will be no wage increase on July 1, 2007 for the clas- sifications of Mayor, City Council Members, Concessions Worker - On-call, Concessions Stocker - On-call, Pro Shop Attendant - On- call and Starter -Seasonal. Whereas, the City Council provides a com- pensation package to Non-bargaining Unit employees similar to the compensation pack- age to be received by Bargaining Unit em- ployees; and Whereas, the proposed wage increase for Non-bargaining Unit employees is consistent with the wage increase to be received by em- ployees represented by the Police Association, Transit Union, Teamsters Union and Operating Engineers Union bargaining units. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF Book 137 Regular Session, May 7, 2007 161 DUBUQUE, IOWA: Section 1. That the Non-bargaining Unit Wage Plan for General Employees and the Non-bargaining Unit Wage Plan for Non- assigned classifications is hereby approved. Passed, approved and adopted this 7t" day of May, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Quarterly Investment Report: City Manager submitting the March 31, 2007, Quarterly In- vestment Report. Upon motion the documents were received and filed. pay such retainage only in accordance with the provisions of Iowa Code chapter 573. Passed, approved and adopted this 7t" day of May, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Results of Facility Plan RFP and Inter- views: City Manager recommending approval of the selection of Strand and Associates to work with the City in the development of the Water Pollution Control Plant Facility Plan at an estimated cost of $85,000. Upon motion the documents were received, filed, and approved. Request for Proposals - Water Meter Reading Services Consultant: City Manager recommending approval of the issuance of a Request for Proposal (RFP) for Water Meter Reading Consultant Services. Upon motion the documents were received, filed, and approved. Iowa/Locust Street Parking Ramp Restora- tion Project: City Manager recommending ac- ceptance of the Parking Ramp Restoration Project as completed by Brent Anderson As- sociates in the final contract amount of $949,087.80 and payment of the retainage. Upon motion the documents were received and filed and Resolution No. 246-07 Accepting the Iowa/Locust Street Parking Ramp Restora- tion Project and authorizing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 246-07 ACCEPTING THE IOWA/LOCUST STREET PARKING RAMP RESTORATION PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRAC- TOR Whereas, the Public Improvement Contract for the Iowa/Locust Street Parking Ramp Res- toration Project (the Project) has been com- pleted and the City Engineer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the General Obligation Bond Proceeds and the Parking Construction Fund CIP appropriation for the contract amount of $949,087.80 less any retained percentage provided for therein as provided in Iowa Code chapter 573, and to City Hall Parking Lot Reconstruction Project: City Manager recommending award of the contract for the City Hall Parking Lot Re- construction Project to Portzen Construction, Inc., in the amount of $607,607.00. Upon mo- tion the documents were received and filed and Resolution No. 247-07 Awarding public improvement contract for the City Hall Parking Lot Reconstruction Project to Portzen Con- struction was adopted. RESOLUTION NO. 247-07 AWARDING PUBLIC IMPROVEMENT CON- TRACT FOR THE CITY HALL PARKING LOT RECONSTRUCTION PROJECT Whereas, sealed proposals have been submitted by contractors for the City Hall Park- ing Lot Reconstruction Project (the Project) pursuant to Resolution No. 167-07 and Notice to Bidders published in a newspaper published in the City of Dubuque, Iowa on the 23~d day of March, 2007. Whereas, said sealed proposals were opened and read on the 26t" day of April, 2007 and it has been determined that Portzen Con- struction of Dubuque, Iowa, with a bid in the amount of $607,607.00, is the lowest respon- sive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a Public Improvement Contract for the Project is hereby awarded to Portzen Con- struction, Inc. and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. Passed, approved and adopted this 7t" day of May, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 2007 Asphalt Paving Program: City Man- ager recommending award of the contract for the 2007 Asphalt Paving Project to Mathy Construction Company in the amount of $695,470. Upon motion the documents were received and filed and Resolution No. 248-07 162 Regular Session, May 7, 2007 Book 137 Awarding public improvement contract for the 2007 Asphalt Paving Project to Mathy Con- struction Company was adopted. RESOLUTION NO. 248-07 AWARDING PUBLIC IMPROVEMENT CON- TRACT FOR THE 2007 ASPHALT PAVING PROGRAM Whereas, sealed proposals have been submitted by contractors for the 2007 Asphalt Paving Program (the Project) pursuant to Res- olution No. 183-07 and Notice to Bidders pub- lished in a newspaper published in the City of Dubuque, Iowa on the 6t" day of April, 2007. Whereas, said sealed proposals were opened and read on the 26t" day of April, 2007 and it has been determined that River City Paving, a Division of Mathy Construction Co. of Dubuque, Iowa, with a bid in the amount of $734,864.53, is the lowest responsive, re- sponsible 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 River City Pav- ing, aDivision of Mathy Construction Co. and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. Passed, approved and adopted this 7t" day of May, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Downtown Streetlight and Traffic Signaliza- tion Pole Painting Project: City Manager re- commending award of the contract for the Downtown Streetlight and Traffic Signalization Pole Painting Project to Alan Jackson Tuck- pointing, Inc., in the amount of $46,571. Upon motion the documents were received and filed and Resolution No. 249-07 Awarding public improvement contract for the Downtown Streetlight and Traffic Signalization Pole Paint- ing Project to Alan Jackson Tuckpointing, Inc., was adopted. RESOLUTION NO. 249-07 AWARDING PUBLIC IMPROVEMENT CON- TRACT FOR THE DOWNTOWN STREET- LIGHT & TRAFFIC SIGNALIZATION POLE PAINTING PROJECT Whereas, sealed proposals have been submitted by contractors for the Downtown Streetlight & Traffic Signalization Pole Painting Project (the Project) pursuant to Resolution No. 186-07 and Notice to Bidders published in a newspaper ~ublished in the City of Dubuque, Iowa on the 6"day of April, 2007. Whereas, said sealed proposals were opened and read on the 26t" day of April, 2007, and it has been determined that Alan Jackson Tuckpointing, Inc. of Bellevue, Iowa, with a bid in the amount of $46,571.00, 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 Alan Jackson Tuckpointing, Inc. and the City Manager is hereby directed to execute a Public Improve- ment Contract on behalf of the City of Dubu- que for the Project. Passed, approved and adopted this 7t" day of May, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk City Hall Third Floor Office Expansion Project: City Manager recommending award of the contract for the City Hall Third Floor Office Expansion Project to Klauer Development Corporation in the amount of $62,696. Upon motion the documents were received and filed and Resolution No. 250-07 Awarding public improvement contract for the City Hall Third Floor Office Expansion Project to Klauer De- velopment Corporation was adopted. RESOLUTION NO. 250-07 AWARDING PUBLIC IMPROVEMENT CON- TRACT FOR THE 3RD FLOOR OFFICE EX- PANSION PROJECT - DUBUQUE CITY HALL Whereas, sealed competitive quotations have been submitted by contractors for the 3~d Floor Office Expansion Project -Dubuque City Hall (the Project); and Whereas, said sealed competitive quota- tions were opened and read on the 27t" day of April, 2007 and it has been determined that Klauer Development Corporation of Dubuque, Iowa, with a quotation of $62,696.00, is the lowest responsive, responsible quotation 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 Klauer Develop- ment Corporation and the City Manager is hereby directed to execute a Public Improve- ment Contract on behalf of the City of Dubu- que for the Project. Passed, approved and adopted this 7t" day of May, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Citizen Communications: Communication from Dean Rampson, 670 Cleveland Street, regarding his application for financial assis- tance for the University Avenue Reconstruc- Book 137 Regular Session, May 7, 2007 163 tion Project assessment being denied. Communication from David H. Parrett, 9349 April Lynne Court, regarding the initiative to make Dubuque a "green" community and suggesting that codes regarding the use of geo-thermal air conditioning and heating be established. Communication from Fred and Tari Beeler, 3019 West 32nd Street, and Wayne Maiers, 3016 West 32nd Street, requesting that the property located at 3015 West 32nd Street not be allowed to continue as a daycare center. Motion by Michalski to receive and file the documents and refer to the City Manager. Seconded by Connors. Michalski said staff should report back to Council as appropriate. Motion carried 7-0 Home Builders Association of Iowa: Com- munication from Flora A. Schmidt, Home Builders Association of Iowa, encouraging the City to pass a Storm Water Post Construction Ordinance, which is in compliance with the Federal Clean Water Act NPDES require- ments. Motion by Connors to receive and file the documents and refer to the City Manager. Seconded by Lynch. Connors asked that this be brought back to Council for consideration. Motion carried 7-0. Agreement with Area Residential Care: City Manager recommending approval of an agreement with Area Residential Care, Inc., Vocational Services to pick up trash at the skate park, Allison-Henderson, Comiskey and Bunker Hill. Upon motion the documents were received, filed, and approved. PEG Capital Grant Expenditure Request: City Manager recommending approval for funding from the Capital Grant for Access Equipment and Facilities. Upon motion the documents were received, filed, and approved. Improvement Contracts / Performance, Payment and Maintenance Bonds -- West 5t" Street (Alpine -Hill) Reconstruction Project: Upon motion the documents were received and filed. Class B Liquor License to Julien Inn; Class C Beer/Liquor License to Clarke College, Shot Tower Inn, Loras College, Corner Tap, Busted Lift, Tott's Tap, and Bartinis; Special Class C Liquor License to Chuck-n-Jo's; Special Class C Liquor License (5-Day Special Event) to Music n More and Dubuque Jaycees; and Class B Wine Permit to Beecher Beverage, Oky Doky #1, and Oky Doky #2 were adopted. RESOLUTION NO. 251-07 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been ex- amined 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 Ryme DBQ Inc., Pizza Ranch+(Sunday Sale), 2020 Radford Rd CLASS "C" BEER PERMIT Casey's Marketing Company, Casey's General Store #2420+(Sunday Sale), 2699 Rockdale Casey's Marketing Company, Casey's General Store #2420+(Sunday Sale), 4003 Peru Rd Sahajanand Enterprises, Paro Food Mart+(Sunday Sale), 3200 Central Ave. RKM LLC, Ron's Discount Smks&Bever.+(Sunday Sale), 1450 Loras Blvd TFM Co., Oky Doky # 2+(Sunday Sale), 51 W. 32nd St Beecher Co. Inc, Beecher Beve- rage+(Sunday Sale), 1691 Asbury Rd TFM Co., Oky Doky # 1+(Sunday Sale), 250 W. 1st St Passed, approved and adopted this 7th day of May, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Business Licenses: City Manager recom- mending approval of annual liquor license re- newals as submitted. Upon motion the docu- ments were received and filed and Resolution No. 251-07 Granting the issuance of a Class B Beer Permit to Pizza Ranch and Class C Beer Permit to Casey's General Store - 2699 Rock- dale, Casey's General Store - 4003 Peru Road, Paro Food Mart, Ron's Discount Smokes, Oky Doky #2, Beecher Beverage, and Oky Doky #1, and Resolution No. 252-07 Granting the issuance of a Class A Liquor Li- cense to Dubuque Golf and Country Club; RESOLUTION NO. 252-07 Whereas, applications for Liquor Licenses have been submitted to this Council for ap- proval 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 Ordin- ances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 164 Regular Session, May 7, 2007 Book 137 That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS "A" LIQUOR LICENSE DBQ Golf & Country Club, DBQ Golf & Country Club+(Sunday/Outdoor Sale), 1800 Randall PI CLASS "B" LIQUOR LICENSE Design Center Inc., Julien Inn+(Outdoor Sale), 200 Main St CLASS "C" BEER/LIQUOR LICENSE Clark College of DBQ, Clarke College+(2 day Outdoor Sale)~1500 Clarke Dr DBQ Inc., Shot Tower Inn+(Sunday Sale), 390 Locust Street Aramark Educational Serv., Loras Col- lege+(Sunday/Outdoor Sale), 1450 Alta Vista Patricia Broessel, Corner Tap+(Sunday Sale), 2093 Washington Miller Enterprises, Busted Lift +(Sunday/Outdoor Sale), 180 Main Street Tott's Tap, Inc, Tott's Tap+(Sunday Sale), 3457 Jackson Street Bartinis On Main, Inc, Bartinis+(Sunday Sale), 253 Main Street SPECIAL CLASS "C" LIQUOR LICENSE Chuck-n-Jo's~Chuck-n-Jo's, 890 Iowa St SPECIAL CLASS "C" LIQUOR LICENSE (5- DAY SPECIAL EVENT) Music n More Promotions, Music n More, Town Clock Plaza Dubuque Jaycees, Dubuque Jay- cees+(Sunday Sale), Town Clock Plaza CLASS "B" WINE Beecher Co., Beecher Beverage, 1691 As- bury Road TFM Co., Oky Doky# 2, 51 W. 32nd Street TFM Co., Oky Doky# 1, 250 W 1St Street Passed, approved and adopted this 7th day of May, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Public Library Auditorium. RESOLUTION NO. 253-07 RESOLUTION OF INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY BY DEED TO PORT OF DUBUQUE ADAMS DE- VELOPMENT, L.L.C. WHEREAS, the City of Dubuque, Iowa (City) is the owner of the following real property (the Property): Lot 2-2 in Adams Company's Fourth Addition in the City of Dubuque, Iowa, accord- ing to the recorded plat thereof; and WHEREAS, City and Port of Dubuque Adams Development, L.L.C. have entered into a Development Agreement pursuant to which City will convey the Property to Port of Dubuque Adams Development, L.L.C.; and WHEREAS, the City Council has tentatively determined that it would be in the best interests of City to approve the conveyance of the Proper- ty to Port of Dubuque Adams Development Company, L.L.C., subject to the conditions of the Development Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The City of Dubuque intends to dispose of its interest in the foregoing-described Property by Deed to Port of Dubuque Adams Development Company, L.L.C. Section 2. The City Clerk is hereby autho- rized and directed to cause this Resolution and a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City's intent to dispose of the foregoing- described Property, to be held on the 21St day of May, 2007, at 6:30 o'clock p.m. at the Carnegie Stout Public Library auditorium, 11th & Locust, Dubuque, Iowa. Passed, approved and adopted this 7t" day of May, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk ITEMS TO BE SET FOR PUBLIC HEARING Motion by Cline to receive and file the doc- uments, set the public hearings as specified, and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Connors Motion carried 7-0. Port of Dubuque Adams Development LLC Special Warranty Deed: City Manager recom- mending that a public hearing be set for May 21, 2007, to consider disposing of property by deed to Port of Dubuque Adams Development, LLC. Upon motion the documents were re- ceived and filed and Resolution No. 253-07 Resolution of Intent to dispose of an interest in real property by deed to Port of Dubuque Adams Development, LLC was adopted set- ting apublic hearing at a meeting to com- mence at 6:30 p.m. on May 21, 2007, in the White Water Creek Bridge Relocation Project -Phase III: City Manager recommend- ing initiation of the public bidding process for the White Water Creek Bridge Relocation Project -Phase III and that a public hearing on the plans and specifications, form of contract, and estimated cost be set for May 21, 2007. This item was removed from the agenda. US 52 North Storm Sewer Improvement Project: City Manager recommending initiation of the public bidding process for the US 52 North Storm Sewer Improvement Project and that a public hearing on the plans and specifi- cations, form of contract, and estimated cost be set for May 21, 2007. Upon motion the documents were received and filed and Reso- lution No. 254-07 Preliminary approval of plans and specifications, form of contract, and esti- Book 137 Regular Session, May 7, 2007 165 mated cost for the US 52 North Storm Sewer Improvement Project; Resolution No. 255-07 Setting date of hearing on plans and specifica- tions, form of contract, and estimated cost for the US 52 North Storm Sewer Improvement Project; and Resolution No. 256-07 Ordering the advertisement for bids for the US 52 North Storm Sewer Improvement Project were adopted setting a public hearing at a meeting to commence at 6:30 p.m. on May 21, 2007, in the Public Library Auditorium. RESOLUTION NO. 254-07 PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE US52 NORTH STORM SEWER IMPROVEMENT 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 US52 North Storm Sewer Improvement Project, in the estimated amount $310,649.00, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 7t" day of May, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 255-07 FIXING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATED COST FOR THE US52 NORTH STORM SEWER IMPROVE- MENT PROJECT Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary ap- proval to the proposed plans, specifications, form of contract, and estimated cost for the US52 North Storm Sewer Improvement Project (the Project) and ordered the same to be on file in the office of the City Clerk for public in- spection. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a public hearing will be held on the 21St day of May, 2007, at 6:30 p.m. in the Pub- lic Library Auditorium 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 esti- mated cost of the Project. Passed, adopted and approved this 7t" day of May, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 256-07 ORDERING THE ADVERTISEMENT FOR BIDS FOR THE US52 NORTH STORM SEW- ER IMPROVEMENT PROJECT NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the US52 North Storm Sewer Im- provement Project is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that 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. That 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 more than twenty days but not more than forty-five days before the date for filing bids at 2:00 p.m. on the 31St day of May, 2007. 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 the public hearing at 6:30 p.m. on the 18t" day of June, 2007, in the Public Library Auditorium, 360 West 11t" Street, Dubuque, Iowa. Passed, adopted and approved this 7t" day of May, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Grand River Center Carpet Replacement Project: City Manager recommending initiation of the public bidding process for the Grand River Center Carpet Replacement Project and that a public hearing on the plans and specifi- cations, form of contract, and estimated cost be set for May 21, 2007. Upon motion the documents were received and filed and Reso- lution No. 257-07 Preliminary approval of plans and specifications, form of contract, and esti- mated cost for the Grand River Center Carpet Replacement Project; Resolution No. 258-07 Setting date of hearing on plans and specifica- tions, form of contract, and estimated cost for the Grand River Center Carpet Replacement Project; and Resolution No. 259-07 Ordering the advertisement for bids for the Grand River Center Carpet Replacement Project were adopted setting a public hearing at a meeting 166 Regular Session, May 7, 2007 Book 137 to commence at 6:30 p.m. on May 21, 2007, in the Public Library Auditorium. RESOLUTION NO. 257-07 PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE GRAND RIVER CENTER CARPET REPLACEMENT 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 Grand River Center Carpet Replacement Project, in the estimated amount of $45,000, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 7th day of May, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 258-07 FIXING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATED COST FOR THE GRAND RIVER CENTER CARPET RE- PLACEMENT PROJECT Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary ap- proval to the proposed plans, specifications, form of contract, and estimated cost for the Grand River Center Carpet Replacement Project and ordered the same to be on file in the office of the City Clerk for public inspec- tion. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a public hearing will be held on the 21st day of May, 2007, at 6:30 p.m. in the Pub- lic Library Auditorium 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 esti- mated cost of the Project. Passed, adopted and approved this 7th day of May, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 259-07 ORDERING THE ADVERTISEMENT FOR BIDS FOR THE GRAND RIVER CENTER CARPET REPLACEMENT PROJECT NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the Grand River Center Carpet Re- placement Project is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that 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. That 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 more than twenty days but not more than forty-five days before the date for filing bids at 2:00 p.m. on the 7th day of June, 2007. 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 the City Council meeting to be held at 6:30 p.m. on the 18th day of June, 2007, in the Public Library Auditorium, 360 West 11th Street, Dubuque, Iowa. Passed, adopted and approved this 7th day of May, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk L & J Properties Dubuque, LLC Develop- ment Agreement: City Manager recommending that a public hearing be set for June 18, 2007, to consider approval of a Development Agreement with L & J Properties Dubuque, LLC, and the disposition of 2.74 acres of prop- erty in Dubuque Technology Park for construc- tion of a 11,255 square foot office building. Upon motion the documents were received and filed and Resolution No. 260-07 (1) Ap- proving the minimum requirements, competi- tive criteria, and offering procedures for the development of certain real property and im- provements in the Dubuque Industrial Center - South Economic Development Urban Renewal District; (2) Determining that the Development Agreement submitted by L & J Properties Du- buque, LLC, satisfies the offering requirements with respect to the real property and improve- ments and declaring the intent of the City Council to approve the Development Agree- ment with L & J Properties Dubuque, LLC, in the event that no competing proposals are submitted providing for the sale of Lot 1 of 10 Dubuque Technology Park, in the City of Du- buque, Iowa, as shown on the attached map; and (3) soliciting competing proposals was Book 137 Regular Session, May 7, 2007 167 adopted setting a public hearing at a meeting to commence at 6:30 p.m. on June 18, 2007, in the Public Library Auditorium. RESOLUTION NO. 260-07 RESOLUTION (1) APPROVING THE MINI- MUM REQUIREMENTS, COMPETITIVE CRI- TERIA, AND OFFERING PROCEDURES FOR THE DEVELOPMENT OF CERTAIN REAL PROPERTY AND IMPROVEMENTS IN THE DUBUQUE INDUSTRIAL CENTER- SOUTH ECONOMIC DEVELOPMENT UR- BAN RENEWAL DISTRICT; (2) DETERMIN- ING THAT THE DEVELOPMENT AGREE- MENT SUBMITTED BY L & J PROPERTIES DUBUQUE, LLC SATISFIES THE OFFERING REQUIREMENTS WITH RESPECT TO THE REAL PROPERTY AND IMPROVEMENTS AND DECLARING THE INTENT OF THE CITY COUNCIL TO APPROVE THE DEVEL- OPMENT AGREEMENT WITH L & J PROP- ERTIES DUBUQUE, LLC IN THE EVENT THAT NO COMPETING PROPOSALS ARE SUBMITTED PROVIDING FOR THE SALE OF LOT 1 OF 10 DUBUQUE TECHNOLOGY PARK, IN THE CITY OF DUBUQUE, IOWA, AS SHOWN ON THE ATTACHED MAP; AND (3) SOLICITING COMPETING PROPOSALS. Whereas, the City Council of Dubuque, Iowa, did on April 7, 1997 adopt an Amended and Restated Urban Renewal Plan for the Du- buque Industrial Center-South Economic De- velopment Urban Renewal District (the Plan) for the Urban Renewal Area described therein; and Whereas, the Plan provides, among other things, for the disposition of properties for pri- vate development purposes as a proposed economic development action; and Whereas, L & J Properties Dubuque, LLC (Developer) has submitted to the City a Devel- opment Agreement with a proposal for the purchase of certain real property and im- provements hereinafter described and owned by the City of Dubuque for the construction of a new office building as described therein (the Development Agreement), together with the request that this property be made available for purchase as rapidly as possible; and Whereas, the Development Agreement provides, among other things, for the sale to Developer of the real estate described as Lot 1 of 10 Dubuque Technology Park, in the City of Dubuque, Iowa, as shown on the attached map, subject to easements and restrictions of record (the Property); and Whereas, in order to establish reasonably competitive bidding procedures for the disposi- tion of the Property in accordance with the statutory requirements of Iowa Code Chapter 403, specifically, Section 403.8, and to assure that the City extends a full and fair opportunity to all developers interested in submitting a proposal, a summary of submission require- ments and minimum requirements and com- petitive criteria for the property offering is in- cluded herein; and Whereas, the Development Agreement is on file in the City Clerk's office; and Whereas, to recognize both the firm pro- posal for renovation of the Property and con- struction of additional buildings, as described above, and to give full and fair opportunity to other developers interested in submitting a proposal for the use of the property, the City Council should by this Resolution: 1) Set the fair market value of the Property for uses in accordance with the Plan; 2) Approve the minimum require- ments and competitive criteria included herein; 3) Approve as to form the Devel- opment Agreement on file in the City Clerk's office; 4) Set a date for receipt of compet- ing proposals and the opening thereof; 5) Declare that the proposal submit- ted by Developer satisfies the minimum requirements of the of- fering, and that in the event no other qualified proposal is timely submitted, that the City Council intends to approve such proposal and authorize the City Manager to sign the Development Agree- ment; and direct publication of notice of said intent; 6) Approve and direct publication of a notice to advise any other per- son of the opportunity to com- pete for purchase of the Property and improvements on the terms and conditions set forth herein; and 7) Declare that in the event another qualified proposal is timely sub- mitted and accepted, another and future notice will be pub- lished on the intent of the City to enter into the resulting contract, as required by law; and Whereas, the City Council believes it is in the best interest of the City and the Plan to act as expeditiously as possible to sell the Proper- ty as set forth herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Property described as Lot 1 of 10 Dubuque Technology Park, in the City of Dubuque, Iowa, as shown on the at- tached map, subject to easements and restric- tions of record ("the Property") shall be offered for sale in accordance with the terms and con- 168 Regular Session, May 7, 2007 Book 137 ditions contained in this Resolution. Section 2. That it is hereby determined that in order to qualify for consideration for selec- tion, any person must submit a proposal which meets these minimum requirements: a) Contains an agreement to purchase the Property at not less than fair market value established herein; b) Contains a commitment to purchase the Property for uses allowed in the Du- buque Technology Park; c) Sets out or provides to the satisfaction of the City Council the experience of the principals and key staff who are direct- ly engaged in performance of contract obligations in carrying out projects of similar scale and character; and d) Meets, at a minimum, the terms and conditions of the Development Agreement submitted by the Develop- er including an agreement to construct an office building at a total project cost of approximately $900,000. Section 3. That the Development Agree- ment by and between the City and the Devel- oper be and is hereby approved as to form for the purposes hereinafter stated. Section 4. That for the purpose of defining the offering of the Property for sale, said De- velopment Agreement shall be deemed to be illustrative of the terms acceptable to the City with respect to: a) Purchase price; b) Construction of minimum im- provements within a timely matter; c) City participation; d) Developer obligations; and e) General terms and conditions Section 5. That the Development Agree- ment submitted by the Developer satisfies the requirements of the offering and, in the event that no other qualified proposals are timely submitted that the City Council intends to ac- cept and approve the Development Agreement and sale of the Property. Section 6. That it is hereby determined that the Developer possesses the qualifications, financial resources and legal ability necessary to purchase the Property and to manage and operate the Property in the manner proposed by this offering in accordance with the Plan. Section 7. That the purchase price for the Property offered by the Developer is hereby found and determined to be the fair market value of the interest being conveyed. Section 8. That the City Clerk shall receive and retain for public examination the attached Development Agreement submitted by the Developer and, in the event no other qualified proposals are timely submitted, shall resubmit the Development Agreement to the City Council for final approval and execution upon expiration of the notice hereinafter prescribed. Section 9. That the action of the City Council be considered to be and does hereby constitute notice to all concerned of the inten- tion of this Council, in the event that no other qualified proposals are timely submitted, to accept the proposal of the Developer to pur- chase the Property and to approve the Devel- opment Agreement by and between City and Developer. Section 10. That the official notice of this offering and of the intent of the City, in the event no other qualified proposals are timely submitted, to approve the Development Agreement, shall be a true copy of this Resolu- tion, but without the attachments referred to herein, except Exhibit B. Section 11. That the City Clerk is autho- rized and directed to secure immediate publi- cation of said official notice in the Telegraph Herald, a newspaper having a general circula- tion in the community, by publication of the text of this Resolution without attachments referred to herein, except Exhibit B, on or before the 11t" day of May, 2007. Section 12. That written proposals for the purchase of the Property will be received by the City Clerk at or before 10:00 a.m., June 13, 2007 in the Office of the City Clerk, located on the first floor at City Hall, Dubuque, Iowa 52001. Each proposal will be opened at the hour of 10:00 a.m. in City Hall, Dubuque, Iowa on June 13, 2007. Said proposals will then be presented to the City Council at 6:30 p.m., June 18, 2007, at a meeting to be held in the Auditorium of the Carnegie-Stout Public Li- brary, Dubuque, Iowa. Section 13. That such offering shall be in substantial conformance with the provisions of Iowa Code Section 403.8, requiring reasona- ble competitive bidding procedures as are he- reby prescribed, which method is hereby de- termined to be the appropriate method for making the Property available for sale. Section 14. That the required documents for the submission of a proposal shall be in substantial conformity with the provisions of this Resolution. Section 15. That the City Clerk is hereby nominated and appointed as the agent of the City of Dubuque, Iowa to receive proposals for the sale of the Property at the date and ac- cording to the procedure hereinabove speci- fied for receipt of such proposals and to pro- ceed at such time to formally acknowledge receipt of each of such proposals by noting the receipt of same in the Minutes of the Council; that the City Manager is hereby authorized and directed to make preliminary analysis of each such proposal for compliance with the mini- mum requirements established by this Council hereinabove. For each proposal that satisfies these requirements, the City Council shall judge the strength of the proposal by the com- Book 137 Regular Session, May 7, 2007 169 petitive criteria established hereinabove. The City Council shall then make the final evalua- tion and selection of the proposals. Section 16. That in the event another quali- fied proposal is timely submitted and accepted by the City, another and further notice shall be published of the intent of the City of Dubuque, Iowa, to enter into the resulting agreement, as required by law. Passed, approved and adopted this 7t" day of May, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk McGraw Hill Parking Lot: City Manager re- commending that a public hearing be set for May 21, 2007, to consider approval of a per- manent construction easement granted by Interstate Power to allow for the construction of the McGraw Hill parking lot and sanitary storm sewer and an indemnification agreement between the City and McGraw Hill. Upon mo- tion the documents were received and filed setting public hearing for a meeting to com- mence at 6:30 p.m. on May 21, 2007, in the Public Library Auditorium. BOARDS/COMMISSIONS RESOLUTION NO. 261-07 SETTING THE DATE FOR THE PUBLIC HEARING ON AMENDMENT NO. 2 TO THE FISCAL YEAR 2007 BUDGET FOR THE CITY OF DUBUQUE Whereas, Iowa Code Section 384.16 pro- vides that the City Council shall set a time and place for a public hearing on amendments to the budget and publish notice before the hear- ing as provided in Iowa Code Section 362.3. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council shall con- duct apublic hearing on proposed Amendment No. 2 to the Fiscal Year 2007 budget for the City of Dubuque at the Carnegie Stout Public Library Auditorium, 360 West 11th Street, Du- buque, Iowa, on Monday, May 7, 2007, begin- ning at 6:30 p.m. Section 2. That the City Clerk be and is he- reby authorized and directed to publish notice of the public hearing, according to law, togeth- erwith the required budget information. Passed, approved and adopted this 7t" day of May 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Applicants were invited to address the Council regarding their desire to serve on the following Boards/Commissions: Arts and Cul- tural Affairs Advisory (Four 3-year "Arts" terms through June 30, 2010 -Terms of Kames, Kohl, Riedel, Wahlert). Applicants: Catherine Goodman, 505 English Lane; Tom Goodman, 3055 Powers Court; Paul Hemmer, 2375 Simpson Street; Louise Kames, 201 W. 17t" Street; Paul Kohl, 50 Lindberg Terrace; loana Mamali, 700 Lowell Street; Gene Perry, 1510 Kehl Court; Susan Riedel, 282 Kelly's Bluff; Julie Steffen, 2260 Coates Street; John Woo- din, 725 Laurel Street. Applicants C. Good- man, Kames, Kohl, Steffen, Mamali, and Woo- din spoke in support of their appointments. SUSPEND THE RULES Upon motion the rules were suspended al- lowing anyone to address the Council. PUBLIC HEARINGS Fiscal Year 2007 Budget Amendment: Proof of publication on notice of hearing to consider the second amendment to the Fiscal Year 2007 operating budget and City Manager recommending approval. Motion by Cline to receive and file the documents and adopt Resolution No. 261-07 Amending the Fiscal Year 2007 budget. Seconded by Jones. Mo- tion carried 7-0. Port of Dubuque Outdoor Plaza -Phase I Project: Proof of publication on notice of hear- ing to consider adoption of the plans and spe- cifications, form of contract, and estimated cost for the Port of Dubuque Outdoor Plaza - Phase I Project and City Manager recom- mending approval and award of the contract to Nauman Nursery in the amount of $283,000. Motion by Cline to receive and file the docu- ments and adopt Resolution No. 262-07 Ap- proving the plans and specifications, form of contract, and estimated cost for the Port of Dubuque Outdoor Plaza -Phase I Project, and Resolution No. 263-07 Awarding public improvement contract for the Port of Dubuque Outdoor Plaza - Phase I Project to Nauman Nursery. Seconded by Connors. Motion car- ried 7-0. RESOLUTION NO. 262-07 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE PORT OF DUBUQUE OUT- DOOR PLAZA- PHASE I 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 Port of Dubuque Outdoor Plaza -Phase I Project, in the estimated amount $283,000.00, are hereby approved. Passed, adopted and approved this 7t" day of May, 2007. 170 Regular Session, May 7, 2007 Book 137 Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 263-07 AWARDING PUBLIC IMPROVEMENT CON- TRACT FOR THE PORT OF DUBUQUE OUTDOOR PLAZA -PHASE I Whereas, sealed proposals have been submitted by contractors for the Port of Dubu- que Outdoor Plaza -Phase I Project (the Project) pursuant to Resolution No. 189-07 and Notice to Bidders published in a newspa- per published in the City of Dubuque, Iowa on the 3~d and 6t" days of April, 2007. Whereas, said sealed proposals were opened and read on the 25t" day of April, 2007, and it has been determined that Nau- man Nursery of Dubuque, Iowa, with a bid in the amount of $283,000.00, is the lowest res- ponsive, 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 Nauman Nursery and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. Passed, approved and adopted this 7t" day of May, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk White Water Creek Bridge Project Phase II - Lead Paint Removal, Cleaning and Painting: Proof of publication on notice of hearing to consider adoption of the plans and specifica- tions, form of contract, and estimated cost for the White Water Creek Bridge Relocation Project Phase II -Lead Paint Removal, Clean- ing and Painting and City Manager recom- mending approval. Motion by Connors to re- ceive and file the documents and adopt Reso- lution No. 264-07 Approving plans and specifi- cations, form of contract, and estimated cost for the White Water Creek Bridge Project Phase II -Lead Paint Removal, Cleaning and Painting. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 264-07 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE HISTORIC WHITE WATER CREEK BRIDGE RELOCATION PROJECT, PHASE II -LEAD PAINT REMOVAL, CLEAN- INGAND PAINTING 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 Historic White Water Creek Bridge Relocation Project, Phase II - Lead Paint Removal, Cleaning and Painting, in the estimated amount $30,800, are hereby approved. Passed, adopted and approved this 7t" day of May, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Rush Street Reconstruction Project: Proof of publication on notice of hearing to consider adoption of the plans and specifications, form of contract, and estimated cost for the Rush Street Reconstruction Project and City Man- ager recommending approval. City Manager submitting information in response to a request from Daniel D. and Millie Boge, 333 Villa Street, requesting that the City Council exempt their property from the directive requiring in- stallation of a sidewalk when replacing a street and recommending that the sidewalk be re- quired and that no retaining wall be built at this time. Motion by Cline to receive and file the documents and adopt Resolution No. 265-07 Approving plans and specifications, form of contract, and estimated cost for the Rush Street Reconstruction Project; Resolution No. 266-07 With respect to the adoption of the Resolution of Necessity proposed for the Rush Street Reconstruction project -Bryant Street to Villa Street; and Resolution No. 267-07 Ap- proving schedule of assessments and estimate of total cost for the Rush Street Reconstruction project - Bryant Street to Villa Street. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 265-07 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE RUSH STREET RECON- STRUCTION PROJECT - BRYANT STREET TO VILLA STREET 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 Rush Street Reconstruction Project -Bryant Street to Villa Street, in the estimated amount $2,172,625.99, are hereby approved. Passed, adopted and approved this 7t" day of May, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 266-07 RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NE- CESSITY PROPOSED FOR THE RUSH STREET RECONSTRUCTION PROJECT - BRYANT STREET TO VILLA STREET Whereas, the City Council has proposed a Resolution of Necessity for the Rush Street Reconstruction Project -Bryant Street to Villa Book 137 Regular Session, May 7, 2007 171 Street 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 pro- posed 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. Passed, adopted and approved this 7t" day of May, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 267-07 APPROVING SCHEDULE OF ASSESS- MENTS AND ESTIMATE OF TOTAL COST FOR THE RUSH STREET RECONSTRUC- TION PROJECT - BRYANT STREET TO VILLA STREET NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the attached plat, schedule of as- sessments, and estimate of total cost for the Rush Street Reconstruction Project -Bryant Street to Villa Street are hereby approved. Passed, approved and adopted this 7t" day of May, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Asbury Plaza Area Wastewater Pumping Facilities Project: Proof of publication on notice of hearing to consider adoption of the plans and specifications, form of contract, and esti- mated cost for the Asbury Plaza Area Waste- water Pumping Facilities Project and City Manager recommending approval. Motion by Michalski to receive and file the documents and adopt Resolution No. 268-07 Approving plans and specifications, form of contract, and estimated cost for the Asbury Plaza Area Wastewater Pumping Facilities Project. Seconded by Braig. Motion carried 7-0. form of contract and estimated cost for the Asbury Plaza Area Wastewater Pumping Facil- ities 2007 Project, in the estimated amount $1,000,470, are hereby approved. Passed, adopted and approved this 7t" day of May, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk US 20 (Devon Drive to Menards) Capacity Improvements Project -Phase II: Proof of publication on notice of hearing to consider adoption of the plans and specifications, form of contract, and estimated cost for the US 20 (Devon Drive to Menards) Capacity Improve- ments Project -Phase II and City Manager recommending approval. Motion by Cline to receive and file the documents and adopt Resolution No. 269-07 Approving plans and specifications, form of contract and estimated cost for the US 20 (Devon Drive to Menards) Capacity Improvements Project -Phase II. Seconded by Jones. Motion Carried 7-0. RESOLUTION NO. 269-07 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE US 20 (DEVON DRIVE TO MENARDS) CAPACITY IMPROVEMENTS PROJECT -PHASE II, TRAFFIC SIGNAL AND INTELLIGENT TRANSPORTATION SYSTEM IMPROVEMENTS (IOWA DOT PROJECT NO. STP-A-020-9(187)--2-31) 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 US 20 (Devon Drive to Menards) Capacity Im- provements Project -Phase II, Traffic Signal and Intelligent Transportation System Im- provements, Iowa DOT Project No. STP-A- 020-9(187)--22-31, in the estimated amount $331,430.00, are hereby approved. Passed, adopted and approved this 7t" day of May, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk REINSTATE THE RULES Upon motion the rules were reinstated li- miting discussion to the Council. RESOLUTION NO. 268-07 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE ASBURY PLAZA AREA WASTEWATER PUMPING FACILITIES 2007 PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, ACTION ITEMS Convention and Visitors Bureau Quarterly Report: Sue Czeshinski, Dubuque Area Chamber of Commerce Convention and Visi- tors Bureau presented the Convention and Visitors Bureau Quarterly Report. Motion by Cline to receive and file. Seconded by Con- nors. Motion carried 7-0. 172 Regular Session, May 7, 2007 Book 137 John F. Kennedy Road Sidewalk Installa- tion: City Manager recommending that if the City Council requires the installation of side- walks along John F. Kennedy Road, that the property owners be given the opportunity to construct said sidewalks prior to August 31, 2007, and after that date, a special assess- ment project be presented to the City Council to complete the sidewalk construction on the remaining parcels in the corridor. Petition from property owners in opposition to the placement of sidewalks on the east side of John F. Kennedy Road. Motion by Michalski to receive and file the documents and refer to the City Manager for preliminary study. Seconded by Jones. Braig said that there is a definite need for sidewalks but was in favor of exempting the east side of JFK from Asbury to Kaufman and recognized the hardship in maintaining sidewalks. She felt a deadline of August 31 was too soon, and she wanted to see the cost and inconvenience to property owners as well as protect them from unreasonable costs. Connors has heard from citizens on the northerly end of JFK regarding problems with keeping those sidewalks clear. She believes making an exception here will jeopardize the City's credibility with other si- dewalk installations and open the door to more exceptions. Michalski said that some blocks have been exempted and things have changed over seven years when the Council voted it down in 1999. She did not have a problem with exempting the area. She questioned if there was enough space on the east side of JFK from Asbury to Kaufmann for a sidewalk. There are arguments for both sides and the City has already made exceptions by not re- quiring sidewalks. Cline asked who is respon- sible for clearing sidewalks on JFK. Sidewalks would encourage people to use the west end. Buol said the school children have a paved walking path, but he doesn't see foot traffic. Jones said maintenance is not workable and it is fool hardy to develop plans if the project is not going forward. The City should look at a pedestrian safety plan. Sidewalk installation would put an unreasonable burden on citizens. The City should place crosswalks where ne- cessary and sidewalks where feasible. Lynch was opposed to sidewalk installation, and there are no compelling arguments to support it. He expressed concern over exempting one block and the hardship on citizens. Van Milli- gen said that the maintenance responsibility lies with the abutting property owner. City En- gineer Psihoyos said a design could be done, but the major cost/problem was the mainten- ance. This area was considered for sidewalks in 1999. Motion carried 4-3 with Buol, Cline and Lynch voting nay. Millworking District National Register of Historic Places Nomination (Tabled on April 2, 2007): City Manager recommending approval of the nomination of the proposed Millworking Historic District to the National Register of His- toric Places. Motion by Michalski to remove from table. Seconded by Connors. Motion car- ried 7-0. Motion by Connors to receive and file the documents and approve the recommenda- tion. Motion carried 7-0. Pet Park: City Manager submitting remedi- al steps for the Grandview Avenue Pet Park. Motion by Cline to receive and file the commu- nications and petition and to proceed with the City Manager's recommendations. Seconded by Connors. Lynch recommended limiting the hours, modifying the fencing, and continue looking for another site. Michalski was in favor of trying the recommended remedial steps. Braig said that aone-hour change in hours would not make a difference unless adjusted according to the season. Although she has respect for the neighbors, the dogs in the gen- eral neighborhood also bark. Cline was in fa- vor of changing the hours. Jones said that the suggested changes were all viable solutions and should be tried before opting to close the park. Motion carried 6-1 with Braig voting nay. HRDP Grant Application for Downtown Dubuque Design Guidelines: City Manager recommending approval of a $25,000 State Historical Society of Iowa Historic Resource Development Program (HRDP) grant applica- tion for the Downtown Dubuque Design Guide- lines. Motion by Cline to receive and file the documents and adopt Resolution No. 270-07 Approving submittal of an HRDP grant applica- tion funds to the State Historical Society of Iowa for Downtown Dubuque Design Guide- lines. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 270-07 RESOLUTION APPROVING SUBMITTAL OF AN HRDP GRANT APPLICATION FUNDS TO THE STATE HISTORICAL SOCIETY OF IOWA FOR DOWNTOWN DUBUQUE DE- SIGN GUIDELINES. Whereas, the State Historical Society of Iowa has Historic Resource Development Pro- gram (HRDP) grant funds available for the preservation and interpretation of Iowa's his- toric and cultural resources; and Whereas, the City of Dubuque has an adopted Comprehensive Plan with goals and objectives for the preservation and interpreta- tion of the community's historic and cultural resources ;and Whereas, the City of Dubuque has adopted the Downtown Dubuque Master Plan and im- plementation of the plan includes the creation of design guidelines for the downtown. NOW THEREFORE, BE IT RESOLVED Book 137 Regular Session, May 7, 2007 173 BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Planning Services Manager is authorized to sign and submit this application to the State Historical Society of Iowa for HRDP Grant Funds for the Downtown Dubuque Design Guidelines. Section 2. That the City of Dubuque agrees to abide by all local, state and federal require- ments applicable to the proposed budget. Passed, approved and adopted this 7t" day of May 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Genuine Genius Solutions: City Manager recommending approval of submission of an Entrepreneurial Ventures Assistance (EVA) program application to the Iowa Department of Economic Development on behalf of Genuine Genius Solutions, LLC. Motion by Connors to receive and file the documents and adopt Resolution No. 271-07 Authorizing the filing of an Entrepreneurial Ventures Assistance (EVA) application of behalf of Genuine Genius Solu- tions, LLC. Seconded by Jones. Lynch said this is a fantastic opportunity. Motion carried 7-0. rized to execute, and the City Manager is he- reby directed to submit said application to the State of Iowa Economic Development Com- mission together with such documents as may be required. Passed, approved, and adopted this 7t" day of May, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Western Dubuque BIODIESEL: City Man- ager recommending approval of an agreement with Western Dubuque BIODIESEL to dis- charge waste from its facility to the sanitary sewer system at the City of Dubuque. Motion by Connors to receive and file the documents and approve the recommendation. Seconded by Michalski. Motion carried 7-0. Sign at Fifth and White Streets: City Man- ager recommending approval of the revised design for the Port of Dubuque sign at Fifth and White Streets providing one monument sign instead of the larger sign with three flag poles. Motion by Michalski to receive and file the documents and approve the recommenda- tion. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 271-07 RESOLUTION AUTHORIZING THE FILING OF AN ENTREPRENEURIAL VENTURES ASSISTANCE (EVA) APPLICATION ON BEHALF OF GENUINE GENIUS SOLU- TIONS, LLC Whereas, Genuine Genius Solutions, LLC has proposed to relocate and expand its oper- ation to Dubuque; and Whereas, the City Council of Dubuque, Iowa has considered said proposal and has determined that the proposed project will con- tribute to the local economy through the crea- tion of 13 new jobs in the first year for area residents; and Whereas, the Iowa Department of Eco- nomic Development's Entrepreneurial Ven- tures Assistance (EVA) was designed to assist in the economic development efforts of local jurisdictions; and Whereas, the City of Dubuque, Iowa is eli- gible to apply for funding from the Entrepre- neurial Ventures Assistance (EVA) program; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the filing of an application for participation in the Iowa Entrepreneurial Ventures Assistance (EVA) program on behalf of Genuine Genius Solutions, LLC is ap- proved. Section 2. That the local match as identi- fied in the application is hereby approved, sub- ject to the EVA application approval. Section 3. That the Mayor is hereby autho- Port of Dubuque Design Review -Port of Dubuque Parking Ramp: City Manager re- questing City Council input regarding the de- sign of the Port of Dubuque Public Parking Facility. Motion by Cline to receive and file the documents and approve the design. Seconded by Connors. Michalski asked if a bus waiting area would be included. Van Milligen said there are plans for an intermodal facility, but it is not part of this plan. A separate grant for that project has been submitted. Michalski expressed concern over losing the site for such a facility if the City does not receive the grant. Jones commended the subcommittee for doing a good job. Connors concurred with the committee's recommendation. Motion car- ried 7-0. School Physical Plant and Equipment Levy Tax Increment Financing: City Manager re- commending approval that beginning in Fiscal Year 2009, the City of Dubuque ceases to collect the PPEL levy from the Dubuque Community School District for Dubuque Indus- trial Tech Park South and Kerper Boulevard Industrial Park. Motion by Cline to receive and file the documents and approve the recom- mendation. Seconded by Lynch. Michalski asked if the school has been notified. Van Mil- ligen said it had and that this will increase the schools PPEL funding by $25,000. Motion carried 7-0. Grandview Gallop: City Manager submit- ting an application from the Mississippi Valley 174 Regular Session, May 7, 2007 Book 137 Running Association to hold a June 16, 2007, four mile run/walk that includes a partial clo- sure of Grandview Avenue for City Council review and direction. Motion by Cline to re- ceive and file the documents and approve the application. Seconded by Lynch. Motion car- ried 7-0. City of Dubuque 175t" Anniversary Cele- bration Committee: City Manager recommend- ing approval of the creation of the 175t" Anni- versary Celebration Committee. Motion by Lynch to receive and file the documents and approve the recommendation. Seconded by Cline. Motion carried 7-0. National League of Cities -Appointments: Communication from the National League of Cities appointing City Council Member Ann Michalski to the 2007 Human Development Steering Committee. Communication from Christopher Hoene, National League of Cities, appointing City Council Member Ann Michalski to the City Fu- tures Panel on Democratic Governance for the National League of Cities. Communication from Alice Walkup, Na- tional League of Cities, appointing City Council Member Ann Michalski as a University Com- munities Council Member. Motion by Cline to receive and file the documents. Seconded by Jones. Motion carried 7-0. PUBLIC INPUT Greg Walsh, 1295 North Booth Street, ex- pressed his thoughts on the Council's com- pliance with the Open Meetings Law and Chapter 21.2 - Sec. 2 of the Iowa State Code. There being no further business, upon mo- tion the Council adjourned at 9:05 p.m. /s/ Jeanne Schneider, CMC City Clerk Book 137 Special & Regular Session, May 21, 2007 175 CITY OF DUBUQUE, IOWA CITY OF DUBUQUE, IOWA CITY COUNCIL CITY COUNCIL OFFICIAL OFFICIAL PROCEEDINGS PROCEEDINGS The Dubuque City Council met in special session at 5:30 p.m. on May 21, 2007, in the Public Library Auditorium. The Dubuque City Council met in regular session at 6:35 p.m. on May 21, 2007, in the Public Library Auditorium. Mayor Buol read the call stating that this was a special session of the Dubuque City Council to discuss Pending Litigation and Property Acquisition pursuant to Chapter 21.5(1)(c)(j) 2007 Code of Iowa. Present: Mayor Buol, Council Members Cline, Connors (via conference phone), Jones, Lynch, Michalski, City Manager Van Milligen, City Attorney Lindahl Absent: Council Member Braig Upon motion Council adjourned special session at 6:29 p.m. having given staff proper direction. /s/Kevin S. Firnstahl Assistant City Clerk Mayor Buol read the call and stated that this was a regular session of the Dubuque City Council to discuss such matters that should properly come before Council. Present: Mayor Buol, Council Members Cline, Connors (via conference phone), Jones, Lynch, Michalski, City Manager Van Milligen, City Attorney Lindahl Absent: Council Member Braig Invocation was provided by Assistant Pas- tor Sean Hirschy, Word of Life Church PROCLAMATIONS Mental Health Month, May 2007, was ac- cepted by John Cordes, Mental Health Ameri- ca, who presented Council with the DVD "Lin- coln's Melancholy;" and Apples for Students, June and July, 2007. CONSENT ITEMS Motion by Cline to receive and file the doc- uments, and dispose of as indicated. Seconded by Lynch. Michalski requested #1 (Minutes and Reports Submitted) be held for separate discussion. Motion carried 6-0. Minutes and Reports Submitted: Airport Commission of 4/23; Arts and Cultural Affairs Advisory Commission 3/27; Civil Service Commission of 4/5 and 4/16; City Council of 5/7; Environmental Stewardship Advisory Commission of 5/1; Human Rights Commis- sion of 4/9; Library Board of Trustees of 4/10, 4/13 and 4/18; Park and Recreation Commis- sion of 4/10; Zoning Advisory Commission of 5/2. Motion by Michalski to receive and file the documents. Seconded by Jones. Michalski commended the boards and commissions staff for their prompt submission of minutes. She noted that there were no minutes from the Transit Board of Trustees March meeting. Please remind the boards and commissions to communicate with Council in a timely manner. Motion carried 6-0. Library Board of Trustees Update from meeting of April 26, 2007. 176 Regular Session, May 21, 2007 Book 137 Proof of Publication of List of Claims and Summary of Revenues for month ending March 31, 2007 Upon motion, the documents were re- ceived and filed. Notice of Claims/Suits: Michael Elliot for property damage; Westfield Insurance Com- pany on behalf of Jeffrey and Dianne Brimeyer for property damage; Pfohl's Inc., for property damage; Dubuque Bible Church for property damage. Upon motion the documents were received, filed, and referred to the City Attor- n ey. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Plat is hereby approved, and the Mayor and City Clerk are hereby au- thorized and directed to execute the Plat for and on behalf of the City of Dubuque, Iowa. Section 2. The City Clerk is hereby autho- rized and directed to file the Plat and a certi- fied copy of this resolution in the office of the Recorder, in and for Dubuque County, Iowa. Passed, approved and adopted this 21St day of May 2007. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Assistant City Clerk City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Com- munities Assurance Pool: Dubuque Bible Church for property damage; Jeffrey and Di- anne Brimeyer for property damage; and Pfohl's Inc. for property damage City Attorney recommending settlement of the claim of Linda M. Loney for property dam- age and the claim of Michael Elliot for property damage. Upon motion, the documents were received, filed, and concurred. First Amendment to Conlon Johnson De- velopment Agreement: City Manager recom- mending approval of an amendment to the Conlon Johnson (Sedgewick) Development Agreement. Upon motion the documents were received, filed, and approved. Dubuque Technology Park Plat of Survey: City Manager recommending approval of sub- dividing Lot 10, Block 2 of the Dubuque Tech- nology Park to accommodate the Entegee economic development project. Upon motion the documents were received and filed and Resolution No. 272-07 Approving plat of sur- vey of Lot 1 Dubuque Technology Park No. 3 in the City of Dubuque, Iowa; and Resolution No. 273-07 Approving plat of survey of Lot 1 of 10 and Lot 2 of 10, Block 2 Dubuque Technol- ogy Park in the City of Dubuque, Iowa, were adopted. RESOLUTION NO 272-07 APPROVING PLAT OF SURVEY LOT 1 DU- BUQUE TECHNOLOGY PARK NO. 3 IN THE CITY OF DUBUQUE, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a Plat of Survey, Lot 1 Dubuque Technology Park No. 3 in the City of Dubuque, Iowa, dated May 21, 2007, prepared by IIW Engineers and Surveyors, P.C., describing the two parcels to be combined into one lot, a copy of which is attached hereto (the Plat); and Whereas, the Plat conforms to the laws and statutes pertaining thereto. RESOLUTION NO 273-07 APPROVING PLAT OF SURVEY LOT 1 OF 10 AND LOT 2 OF 10, BLOCK 2 DUBUQUE TECHNOLOGY PARK IN THE CITY OF DU- BUQUE, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a Plat of Survey, Lot 1 of 10 and Lot 2 of 10, Dubuque Technology Park in the City of Du- buque, Iowa, dated May 11, 2007 prepared by IIW Engineers and Surveyors, P.C., describing the property to be subdivided, a copy of which is attached hereto (the Plat); and Whereas, the Plat conforms to the laws and statutes pertaining thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Plat is hereby approved, and the Mayor and City Clerk are hereby au- thorized and directed to execute the Plat for and on behalf of the City of Dubuque, Iowa. Section 2. The City Clerk is hereby autho- rized and directed to file the Plat and a certi- fied copy of this resolution in the office of the Recorder, in and for Dubuque County, Iowa. Passed, approved and adopted this 21St day of May, 2007. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Assistant City Clerk 2006 (Fiscal Year 2007) Asphalt Paving Program: City Manager recommending accep- tance of the 2006 (Fiscal Year 2007) Asphalt Paving Program as completed by River City Paving in the final contract amount of $1,055,618.25. Upon motion the documents were received and filed, and Resolution No. 274-07 Accepting the 2006 (Fiscal Year 2007) Asphalt Paving Program and authorizing the payment of the contract amount to the contrac- torwas adopted. Book 137 Regular Session, May 21, 2007 177 RESOLUTION NO. 274-07 ACCEPTING THE 2006 ASPHALT PAVING PROJECT AND AUTHORIZING THE PAY- MENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the 2006 Asphalt Paving Project (the Project) has been completed and the City En- gineer has examined the work and filed a cer- tificate stating that the Project has been com- pleted according to the terms of the Public Improvement Contract and that the City Engi- neer recommends that the Project be ac- cepted; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the FY2007 Annual Street Program Funds, Wa- termain Replacement Program Funds, General Storm Sewer Repair Funds, Street Program Related Sanitary Sewer Funds, Traffic Signal Intersection Reconstruction Funds, Traffic Sig- nal Interconnect Conduit Replacement Funds, Airport -Rehab Parking Lots 1, 2, 3 Funds, Terminal Frontage Road Rehab Funds and Dubuque Community School District Reim- bursement - 12t" & Central, 12t" & White Sig- nals appropriation for the contract amount of $1,055,618.25 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. Passed, approved and adopted this 21St day of May, 2007. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Assistant City Clerk Four Mounds Archeological Survey: City Manager recommending approval of the selec- tion of Great Lakes Archeological Research Center for the Four Mounds Archeological Investigation. Upon motion the documents were received, filed, and approved. Tri-State Development LLC Rezon- ing/Annexation: City Manager recommending approval of the withdrawal of the voluntary annexation request by Tri-State Development LLC. Upon motion the documents were re- ceived, filed, and approved. Kivlahan Farms Preliminary Plat: Zoning Advisory Commission submitting the prelimi- nary plat of Kivlahan Farms for City Council information only. Upon motion the documents were received and filed. Sewer Pipeline Inspection Vehicle and Camera Equipment: City Manager recom- mending approval of the purchase of a sewer pipeline inspection vehicle and associated camera equipment from Cues Inc., in the amount of $126,750. Upon motion the docu- ments were received, filed, and approved. Encephalitis (West Nile) Monitoring - Me- morandum of Understanding: City Manager recommending approval of the Memorandum of Understanding with the Iowa Department of Public Health for activities related to Encepha- IitisM/est Nile disease monitoring. Upon mo- tion the documents were received, filed, and approved. Citizen Communications: Correspondence from Larry Youtzy expressing opposition to the installation of sidewalks along John F. Kenne- dy Road. Communication from Jan and Bill Stoffel submitting a petition in support of the installa- tion of sidewalks along John F. Kennedy Road and communication from Tracy Nowack in support of the installation of sidewalks along John F. Kennedy Road. Correspondence from Dr. Charles Winter- wood, Vice President of Tri-State Trail Vision, thanking the Mayor, City Council and staff for including a feasibility study in the Fiscal Year 2007 budget for ahiking/biking trail along the middle fork of Catfish Creek. Correspondence from Valerie Hogan, owner of the Mississippi Mug, expressing op- position to the City's business incentives for Genuine Genius. Upon motion the documents were received and filed. Lease Agreement with Tri-State Modelers: City Manager recommending approval of a lease agreement with Tri-State Modelers for a section of the former Roosevelt Park. Upon motion the documents were received, filed, and approved. Civil Service Commission: Civil Service Commission submitting the certified list for the position of Confidential Account Clerk. Upon motion the documents were received, filed, and made a Matter of Record. May 15, 2007 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 2007 Code of Iowa, an examination for the position of Confidential Account Clerk was given on May 1, 2007. We hereby certify that the indi- viduals 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 two (2) years from above date. 178 Regular Session, May 21, 2007 Book 137 CONFIDENTIAL ACCOUNT CLERK Diane Boardman Jamie Litts Suzan Lau Melissa McCullough Angela Decker Angela Ryan Frederick Brimeyer Eryka Exum Sue Paul Jason Duggan Sharon Lisle Karla Klein Christy Bergfeld Lisa Barton Kay Kluesner Brian Bahr Karen Heiderscheit Janice Esser Wendi Anderson Teresa Behnke Gregory Williams Sheila VanGordon Jim Wilgenbusch Cathleen Evanoff Cheryl Fluhr Jennifer Schmidt Janet Duneman Susan Lang Louis Vorwald Respectfully submitted, Richard Wertzberger, Chairperson Merle Duehr Civil Service Commission DUBUQUE, IOWA: That the sealed bid proposals received for the Historic White Water Creek Bridge Reloca- tion Project Phase II, Lead Paint Removal, Cleaning and Painting are hereby rejected. Passed, adopted and approved this 21St day of May, 2007. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Assistant City Clerk City of Asbury Voluntary Annexation: No- tice from the City Development Board of the public hearing to be held on the matter of the City of Asbury voluntary annexation including non-consenting owners. Findings of Fact and Conclusions of Law and Determination in the matter of the voluntary annexation of the City of Asbury within the urbanized area of the City of Dubuque. Upon motion the documents were received and filed. Mediacom 2006 Annual Report: Mediacom submitting the 2006 Annual Report, which is on file in the City Clerk's Office. Upon motion the documents were received and filed. Calendar Year 2007 Pavement Marking Program: City Manager recommending award of the contract for the Calendar Year 2007 Pavement Marking Program to Selco, Inc., in the amount of $60,274.10. Upon motion the documents were received, filed, and approved. Historic White Water Creek Bridge Reloca- tion Project Phase II: City Manager recom- mending rejection of the bids received for the White Water Creek Bridge Relocation Project Phase II, Lead Paint Removal, Cleaning, and Painting. Upon motion the documents were received and filed, and Resolution No. 275-07 Rejecting the contract bid proposal for the His- toric White Water Creek Bridge Relocation Project, Phase II, Lead Paint Removal, Clean- ing, and Painting was adopted. RESOLUTION NO. 275-07 REJECTING THE CONTRACT BID PRO- POSAL FOR THE HISTORIC WHITE WATER CREEK BRIDGE RELOCATION PROJECT PHASE II, LEAD PAINT REMOVAL, CLEAN- INGAND PAINTING Whereas, sealed proposals have been submitted by contractors for the Historic White Water Creek Bridge Relocation Project Phase II, Lead Paint Removal, Cleaning and Painting, pursuant to Resolution No. 214-07 and Notice to Bidders published in a newspa~er in the City of Dubuque, Iowa, on the 20" day of April, 2007; and Whereas, said sealed proposals were opened and read on the 10t" day of May, 2007. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF Improvement Contracts / Performance, Payment and Maintenance Bonds: Federal Building Exterior Window Lead Paint Removal & Painting and Renovated Areas Window Re- pair, Glass Replacement, Interior Window Lead Paint Removal & Painting Project. Upon motion the documents were received, filed, and approved. Business License Refund: Kevin Menning, One Flight Up Liquor License: Upon motion the documents were received, filed, and ap- proved. Business Licenses: City Manager recom- mending approval of annual liquor license re- newals as submitted. Upon motion the docu- ments were received and filed, and Resolution No. 276-07 Granting the issuance of one new permit to sell cigarettes and cigarette papers; Resolution No. 277-07 Granting the issuance of a Class C Beer Permit to HyVee Food Store B, Hartig Drug #2, and Awn Stop Mart #2; Resolution No. 278-07 Granting the issuance of a Class C Beer/Liquor License to Easy Street, Denny's Lux Club, Kalmes Breaktime Bar/Grill; Special Class C Liquor License to Dubuque Jaycees; Class B Wine License to Hartig Drug #2 and HyVee Food Store B; and Resolution No. 279-07 Granting the issuance of a Class WCN Native Wine License to Stone Cliff Winery (contingent on final City inspec- tions and approvals) were adopted. RESOLUTION NO. 276-07 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the following having complied with the provisions of law relating to the sale of Ciga- rettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Ciga- Book 137 Regular Session, May 21, 2007 179 rette Papers within said City. NEW A.W.N. Stop Mart # 2, Waseem Choudhry, 1400 Central Ave. Passed, approved and adopted this 21St day of May, 2007. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Assistant City Clerk RESOLUTION NO. 277-07 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been ex- amined 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 Hy-Vee, Inc., Hy-Vee Food Store "B"+(Sunday Sale), 3500 Dodge Street Hartig Drug Co. Inc., Hartig Drug # 2+(Sunday Sale), 157 Locust Street Waseem Choudhry, Awn Stop Mart # 2+(Sunday Sale), 1401 Central Ave. Passed, approved and adopted this 21st day of May, 2007. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Assistant City Clerk RESOLUTION NO. 278-07 Whereas, applications for Liquor Licenses have been submitted to this Council for ap- proval 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 Ordin- ances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS "C" BEER/LIQUOR LICENSE Easy Street, Easy Street+(Sunday/Outdoor Sale), 431 Rhomberg Beverly Larsen, Denny's Lux Club+(Sunday Sale), 3050 Asbury Kalmes Brothers, LLC, Kalmes Breaktime Bar/Grill+(Sunday Sale), 1097 Jackson SPECIAL CLASS "C" LIQUOR Dubuque Jaycees, Dubuque Jay- cees+(Sunday Sale), Adams Park Lot CLASS "B" WINE Hartig Drug Company, Hartigs Drug # 2, 157 Locust Street Hy-Vee, Inc., Hy-Vee Food Store "B", 3500 Dodge Street Passed, approved and adopted this 21st day of May, 2007. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Assistant City Clerk RESOLUTION NO. 279-07 Whereas, applications for Liquor Licenses have been submitted to this Council for ap- proval 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 Ordin- ances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS "WCN" NATIVE WINE LICENSE Robert L. Smith, Stone Cliff Winery+(Sunday& Outdoor Sale), 600 Brewery Dr. Passed, approved and adopted this 21st day of May, 2007. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Assistant City Clerk ITEMS TO BE SET FOR PUBLIC HEARING Motion by Lynch to receive, file, adopt res- olutions, set public hearings as specified, and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Jones. Motion carried 6-0. Ice Harbor Transient Boat Dock Project: City Manager recommending initiation of the public bidding process for the Ice Harbor Tran- sient Boat Dock Project and that a public hear- ing on the plans and specifications, form of contract, and estimated cost be set for June 4, 2007. Upon motion the documents were re- ceived and filed, and Resolution No. 280-07 Preliminary approval of plans and specifica- tions, form of contract, and estimated cost for the Ice Harbor Transient Boat Dock Project; Resolution No. 281-07 Setting date of hearing on plans and specifications, form of contract, and estimated cost for the Ice Harbor Tran- sient Boat Dock Project; and Resolution No. 282-07 Ordering the advertisement for bids for the Ice Harbor Transient Boat Dock Project were adopted setting a hearing for a meeting to commence at 6:30 p.m. on June 4, 2007, in the Public Library Auditorium. 180 Regular Session, May 21, 2007 Book 137 RESOLUTION NO. 280-07 PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE PORT OF DUBUQUE - ICE HARBOR TRANSIENT BOAT DOCK FACILITY 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 Port of Dubuque -Ice Harbor Transient Boat Dock Facility Project, in the estimated amount $512,175.00, are hereby preliminarily ap- proved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 21St day of May, 2007. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Assistant City Clerk RESOLUTION NO. 281-07 FIXING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATED COST FOR THE PORT OF DUBUQUE - ICE HARBOR TRANSIENT BOAT DOCK FACILITY PROJECT Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary ap- proval to the proposed plans, specifications, form of contract, and estimated cost for the Port of Dubuque -Ice Harbor Transient Boat Dock Facility Project (the Project) and ordered the same to be on file in the office of the City Clerk for public inspection. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a public hearing will be held on the 4t" day of June, 2007, at 6:30 p.m. in the Public Library Auditorium 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 esti- mated cost of the Project. Passed, adopted and approved this 21St day of May, 2007. Roy D. Buol, Mayor Attest: Kevin F. Firnstahl, Assistant City Clerk RESOLUTION NO. 282-07 ORDERING THE ADVERTISEMENT FOR BIDS FOR THE PORT OF DUBUQUE -ICE HARBOR TRANSIENT BOAT DOCK FACIL- ITY PROJECT NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the Insert Project Name is hereby or- dered to be advertised for bids for construc- tion. BE IT FURTHER RESOLVED, that 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. That 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 more than twenty days but not more than forty-five days before the date for filing bids at 2:00 p.m. on the 14t" day of June, 2007. 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 2nd day of July, 2007, in the Public Library Auditorium, 360 West 11t" Street, Dubuque, Iowa. Passed, adopted and approved this 21St day of May, 2007. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Assistant City Clerk Decorative Concrete Repair and Mainten- ance Project: City Manager recommending initiation of the public bidding process for the Decorative Concrete Repair and Maintenance Project and that a public hearing on the plans and specifications, form of contract, and esti- mated cost be set for June 4, 2007. Upon mo- tion the documents were received and filed, and Resolution No. 283-07 Preliminary ap- proval of plans and specifications, form of con- tract, and estimated cost for the Decorative Concrete Repair and Maintenance Project; Resolution No. 284-07 Setting date of hearing on plans and specifications, form of contract, and estimated cost for the Decorative Con- crete Repair and Maintenance Project; and Resolution No. 285-07 Ordering the adver- tisement for bids for the Decorative Concrete Repair and Maintenance Project were adopted setting a public hearing for a meeting to com- mence at 6:30 p.m. on June 4, 2007, in the Public Library Auditorium. RESOLUTION NO. 283-07 PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE DECOR- Book 137 Regular Session, May 21, 2007 181 ATIVE CONCRETE REPAIR AND MAIN- TENANCE 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 Decorative Concrete Repair and Maintenance Project, in the estimated amount $255,310.00, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 21St day of May, 2007. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Assistant City Clerk RESOLUTION NO. 284-07 FIXING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATED COST FOR THE DECORATIVE CONCRETE REPAIR AND MAINTENANCE PROJECT Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary ap- proval to the proposed plans, specifications, form of contract, and estimated cost for the Decorative Concrete Repair and Maintenance Project (the Project) and ordered the same to be on file in the office of the City Clerk for pub- lic inspection. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a public hearing will be held on the 4t" day of June, 2007, at 6:30 p.m. in the Public Library Auditorium 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 esti- mated cost of the Project. Passed, adopted and approved this 21St day of May, 2007. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Assistant City Clerk RESOLUTION NO. 285-07 ORDERING THE ADVERTISEMENT FOR BIDS FOR THE DECORATIVE CONCRETE REPAIR AND MAINTENANCE PROJECT NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the Decorative Concrete Repair and Maintenance Project is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that 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. That 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 more than twenty days but not more than forty-five days before the date for filing bids at 2:00 p.m. on the 14t" day of June, 2007. 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 2nd day of July, 2007, in the Public Library Auditorium, 360 West 11t" Street, Dubuque, Iowa. Passed, adopted and approved this 21St day of May, 2007. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Assistant City Clerk Third Street Overpass Lighting Project: City Manager recommending initiation of the public bidding process for the Third Street Overpass Lighting Project and that a public hearing on the plans and specifications, form of contract, and estimated cost be set for June 4, 2007. Upon motion the documents were received and filed, and Resolution No. 286-07 Preliminary approval of plans and specifica- tions, form of contract, and estimated cost for the Third Street Overpass Lighting Project; Resolution No. 287-07 Setting date of hearing on plans and specifications, form of contract, and estimated cost for the Third Street Over- pass Lighting Project; and Resolution No. 288- 07 Ordering the advertisement for bids for the Third Street Overpass Lighting Project were adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 4, 2007, in the Public Library Auditorium. RESOLUTION NO. 286-07 PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE THIRD STREET OVERPASS LIGHT REPLACE- MENT 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 Third Street Overpass Light Replacement Project, in the estimated amount $31,625.00, are hereby preliminarily approved and ordered 182 Regular Session, May 21, 2007 Book 137 filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 21St day of May, 2007. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Assistant City Clerk RESOLUTION NO. 287-07 FIXING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATED COST FOR THE THIRD STREET OVERPASS LIGHT RE- PLACEMENT PROJECT Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary ap- proval to the proposed plans, specifications, form of contract, and estimated cost for the Third Street Overpass Light Replacement Project (the Project) and ordered the same to be on file in the office of the City Clerk for pub- lic inspection. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a public hearing will be held on the 4t" day of June, 2007, at 6:30 p.m. in the Public Library Auditorium 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 esti- mated cost of the Project. Passed, adopted and approved this 21St day of May, 2007. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Assistant City Clerk RESOLUTION NO. 288-07 ORDERING THE ADVERTISEMENT FOR BIDS FOR THE THIRD STREET OVERPASS LIGHT REPLACEMENT PROJECT NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the Third Street Overpass Light Re- placement Project is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that 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. That 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 more than twenty days but not more than forty-five days before the date for filing bids at 2:00 p.m. on the 14t" day of June, 2007. 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 2nd day of July, 2007, in the Public Library Auditorium, 360 West 11t" Street, Dubuque, Iowa. Passed, adopted and approved this 21St day of May, 2007. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Assistant City Clerk Kaufmann Avenue Alley Storm Sewer Construction Project: City Manager recom- mending initiation of the public bidding process for the Kaufmann Avenue Alley Storm Sewer Construction Project and that a public hearing on the plans and specifications, form of con- tract, and estimated cost be set for June 18, 2007. Upon motion the documents were re- ceived and filed, and Resolution No. 289-07 Preliminary approval of plans and specifica- tions, form of contract, and estimated cost for the Kaufmann Avenue Alley Storm Sewer Construction Project; Resolution No. 290-07 Setting date of hearing on plans and specifica- tions, form of contract, and estimated cost for the Kaufmann Avenue Alley Storm Sewer Construction Project; and Resolution No. 291- 07 Ordering the advertisement for bids for the Kaufmann Avenue Alley Storm Sewer Con- struction Project were adopted setting a public hearing for June 18, 2007, in the Public Library Auditorium. RESOLUTION NO. 289-07 PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE KAUF- MANN ALLEY STORM SEWER CON- STRUCTION 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 Kaufmann Alley Storm Sewer Construction Project, in the estimated amount $42,703.00, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 21St day of May, 2007. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Assistant City Clerk Book 137 Regular Session, May 21, 2007 183 RESOLUTION NO. 290-07 FIXING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATED COST FOR THE KAUFMANN ALLEY STORM SEWER CON- STRUCTION PROJECT Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary ap- proval to the proposed plans, specifications, form of contract, and estimated cost for the Kaufmann Alley Storm Sewer Construction Project (the Project) and ordered the same to be on file in the office of the City Clerk for pub- lic inspection. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a public hearing will be held on the 18t" day of June, 2007, at 6:30 p.m. in the Public Library Auditorium at which time inter- ested 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 esti- mated cost of the Project. Passed, adopted and approved this 21St day of May, 2007. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Assistant City Clerk RESOLUTION NO. 291-07 ORDERING THE ADVERTISEMENT FOR BIDS FOR THE KAUFMANN ALLEY STORM SEWER CONSTRUCTION PROJECT NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the Kaufmann Alley Storm Sewer Construction Project is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that 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. That 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 more than twenty days but not more than forty-five days before the date for filing bids at 2:00 p.m. on the 21St day of June, 2007. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Cit~r Council for final action at 6:30 p.m. on the 16t day of July, 2007, in the Public Library Auditorium, 360 West 11t" Street, Dubuque, Iowa. Passed, adopted and approved this 21St day of May, 2007. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Assistant City Clerk Vacate of Kerper Boulevard Property: City Manager recommending that a public hearing be set for June 4, 2007 to consider a request from Union-Hoermann Press to vacate a por- tion of Kerper Boulevard that abuts the existing Union-Hoermann facility at 2175 Kerper Bou- levard. Upon motion the documents were re- ceived and filed, and Resolution No. 292-07 Resolution of intent to vacate and dispose of City interest in Lot 1A, Block 19, River Front Subdivision No. 3 in the City of Dubuque, Du- buque County, Iowa, was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 4, 2007, in the Public Li- brary Auditorium. RESOLUTION NO. 292-07 RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN LOT 1A, BLOCK 19, RIVER FRONT SUBDIVISION NO. 3 IN THE CITY OF DUBUQUE, DUBU- QUE COUNTY, IOWA Whereas, Union-Hoermann Press, Inc. has requested the vacating of a portion of Kerper Boulevard in Block 19 of River Front Subdivi- sion No. 3; and Whereas, IIW Engineers & Surveyors, PC has prepared and submitted to the City Coun- cil aplat showing the vacated portion of Kerper Boulevard in Block 19 of River Front Subdivi- sion No. 3; and Whereas, the City Council of the City of Dubuque, Iowa, has determined that this por- tion of Kerper Boulevard in Block 19 of River Front Subdivision No. 3 is no longer required for public use, except for the utility easements as noted on the plat thereof, and vacating and sale of said Lot 1A, Block 19, River Front Sub- division No. 3 in the City of Dubuque, Dubuque County, Iowa, should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque in- tends to dispose of its interest and vacate a portion of Kerper Boulevard in Block 19 of Riv- er Front Subdivision No. 3 in the City of Dubu- que, as shown on the Plat of Survey thereof. Section 2. That the conveyance of Lot 1A, Block 19, River Front Subdivision No. 3 in the City of Dubuque, Dubuque County, Iowa, to 184 Regular Session, May 21, 2007 Book 137 Union-Hoermann Press, Inc. be contingent upon the payment of $8,839.00, plus survey- ing, platting, publication, and filing fees. Section 3. That the City Clerk be and is he- reby authorized and directed to cause a notice of intent to be published as prescribed under Section 364.7 Code of Iowa, 1999 or amended. Passed, approved and adopted this 21St day of May, 2007. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Assistant City Clerk Port of Dubuque Parking Ramp -Urban Renewal Tax Increment Revenue Bonds: City Manager recommending that a public hearing be set for July 26, 2007, to consider the sale of not to exceed $25,000,000 Urban Renewal Tax Increment Revenue Bonds. Upon motion the documents were received and filed, and Resolution No. 293-07 Fixing date fora hear- ing on the proposition of the issuance of not to exceed $25,000,000 Urban Renewal Tax In- crement Revenue Bonds, of Dubuque, Iowa, and providing for publication of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on July 26, 2007, in the Public Library Auditorium. Council Member Patricia Cline introduced the following Resolution entitled "RESOLU- TION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $25,000,000 URBAN RE- NEWAL TAX INCREMENT REVENUE BONDS OF DUBUQUE, IOWA, AND PRO- VIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Council Member Kevin Lynch seconded the motion to adopt. The roll was called and the vote was, AYES: Braig, Buol, Cline, Connors, Jones, Lynch, Michalski Whereupon, the Mayor declared the reso- lution duly adopted as follows: RESOLUTION NO. 293-07 FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $25,000,000 URBAN RENEW- AL TAX INCREMENT REVENUE BONDS, 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 Bonds to the amount of not to ex- ceed $25,000,000, 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 the Urban Renewal Tax Increment Revenue Bonds may be issued, and it is therefore ne- cessary 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 writ- ten objections from any resident or property owner of the 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 Auditorium, Carnegie-Stout Public Library, Dubuque, Iowa, at 6:30 o'clock P. M., on the 21St day of May, 2007, for the purpose of tak- ing action on the matter of the issuance of not to exceed $25,000,000 Urban Renewal Tax Increment Revenue Bonds, 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 ac- tivities under the authority of Chapter 403 of the Code of Iowa and the Amended and Res- tated Urban Renewal Plan for the Greater Downtown Urban Renewal Project Area, in- cluding those costs associated with (i) the construction of a multi-level public parking ramp facility in the Port of Dubuque, pursuant to the Port of Dubuque Public Parking Facility Development Agreement dated February 5, 2007 between the City of Dubuque, Iowa and Diamond Jo, LLC.; (ii) the funding of a debt service reserve fund and a capitalized interest fund for the Bonds; and (iii) the payment of costs associated with the issuance of the Bonds. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of the foregoing meeting and public hearing, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in the City. The publication shall be not less than four clear days nor more than twenty days before the date of public meeting on the issuance of said obligations. Section 3. The notice of the proposed ac- tion to issue the Urban Renewal Tax Incre- ment Revenue Bonds shall be in substantially the following form: Passed and approved this 21St day of May, 2007. Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk Interstate Power Company -Permanent Easement: City Manager recommending that a public hearing be set for June 4, 2007 to con- sider approval of granting a permanent ease- ment to Interstate Power Company in the Port of Dubuque. Upon motion the documents were Book 137 Regular Session, May 21, 2007 185 received and filed, and Resolution No. 294-07 Resolution of intent to dispose of an interest in real property by easement to Interstate Power and Light Company setting a public hearing for a meeting to commence at 6:30 p.m. on June 4, 2007, in the Public Library Auditorium. RESOLUTION NO. 294-07 RESOLUTION OF INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY BY EA- SEMENT TO INTERSTATE POWER AND LIGHT COMPANY WHEREAS, the City of Dubuque, Iowa (City) is the owner of real property in the Port of Dubu- queshown on "Alliant Easement Exhibits A-1, A- 2, A-3, A-4, and A-5" attached hereto (the Prop- erty): and WHEREAS, City and Interstate Power and Light Company (Interstate) have entered into an Agreement pursuant to which City will grant the Underground Electric Line Easement (the Easement) attached hereto on the Property to Interstate; and WHEREAS, the City Council has tentatively determined that it would be in the best interest of City to approve the grant of the Easement to Interstate. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The City of Dubuque intends to dispose of its interest in the foregoing-described Property by Easement to Interstate Power and Light Company. Section 2. The City Clerk is hereby autho- rized and directed to cause this Resolution and a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City's intent to dispose of the foregoing- described Property, to be held on the 4t" day of June, 2007, at 6:30 o'clock p.m. at the Carnegie Stout Public Library auditorium, 11th & Locust, Dubuque, Iowa. Passed, approved and adopted this 21St day of May, 2007. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Assistant City Clerk BOARDS/COMMISSIONS Appointments to the following Boards/Commissions: Arts and Cultural Affairs Advisory Commission (Four 3-year "Arts" terms through June 30, 2010 -Terms of Kames, Kohl, Riedel, Wahlert). Applicants: Catherine Goodman, Tom Goodman, Paul Hemmer, Louise Kames, Paul Kohl, loana Mamali, Gene Perry, Susan Riedel, Julie Stef- fen, John Woodin. Upon vote Paul Hemmer, Louise Kames, Paul Kohl, and Susan Riedel were appointed to 3-year terms through June 20, 2010. PUBLIC HEARINGS Upon motion the rules were suspended al- lowing anyone to address the City Council. Dubuque Industrial Center Planned Dis- trict: Proof of publication on notice of public hearing to consider an amendment to the Du- buque Industrial Center Planned District from Open Space to Industrial as requested by Matt Horsfield, Horsfield Company, and Zoning Advisory Commission recommending approv- al. Motion by Michalski 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 finally passed be suspended. Seconded by Lynch. Motion carried 6-0. Matt Horsfield, 505 E. Main St. Epworth, Iowa, spoke in support of the or- dinance. Kyle Kritz, Planning Services, gave a staff report. Motion by Michalski for final con- sideration and adoption of Ordinance No. 22- 07 Amending Appendix A (the Zoning Ordin- ance) of the City of Dubuque Code of Ordin- ances by adopting a revised Planned Unit De- velopment Ordinance for the Dubuque Indus- trial Center Phases I and II located at the southwest corner of Highway 32 (Northwest Arterial) and Chavenelle Road and by repeal- ing Ordinance 34-06. Seconded by Jones. Motion carried 6-0. OFFICIAL PUBLICATION ORDINANCE NO. 22-07 AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY ADOPTING A REVISED PLANNED UNIT DEVELOPMENT ORDINANCE FOR THE DUBUQUE INDUS- TRIAL CENTER PHASES I AND II LOCATED AT THE SOUTHWEST CORNER OF HIGH- WAY 32 (NORTHWEST ARTERIAL) AND CHAVENELLE ROAD AND BY REPEALING ORDINANCE 34-06 NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by adopting a revised Planned Unit Development Ordinance for the Dubuque Industrial Center, as shown in Attachment A, and to the centerline of the ad- joining public right-of-way, all in the City of Dubuque, Iowa. Section 2. Planned Development District Regulations. A) Purpose and Scope This document sets forth the con- ditions and restrictions applicable to the specific PI Planned Industrial Dis- trict known as "Dubuque Industrial 186 Regular Session, May 21, 2007 Book 137 Center." All development and use of pedestrian areas such property in this specific district shall as walkways, plazas, comply with these conditions as well entryways and cour- as with the PI Planned Industrial Dis- tyards. trict provisions of the Zoning Ordin- c) Surface storm water de- ance and other applicable regulations tention areas not other- ofthe City of Dubuque. wise used for building- This document is not intended to related or vehicle- abrogate, annul or otherwise interfere related purposes. with any easement, covenant or d) Open recreation areas. another private agreement or legal re- e) Other non-building and lationship; provided, however, that non-vehicular related where the conditions and restrictions space. of this document are more restrictive C) Use Reaulations or impose higher standards or re- Uses within this particular PI Planned quirements than such easement co- Industrial District shall be permitted venant or other private agreement or as follows: legal relationship, the requirements of 1) Land Use Plan this document shall govern. Land uses shall be located B) Definitions only in compliance with At- 1) Buildina-related Features tachment A Dubuque Industri- Building-related features are de- al Center Land Use Plan fined as all construction items which Phase I and II. rise above the grade surface of the 2) Permitted Uses lot. These include: a) Development parcels within a) The primary building. Phase I of the Dubuque In- b) All accessory or secondary dustrial Center may be buildings. used for any principal per- c) All exterior storage areas. miffed, accessory and con- d) Exterior refuse collection ditional use allowed in the areas. HI Heavy Industrial District. e) Exterior mechanical equip- b) Development parcels within ment. Phase !! of the Dubuque f) Containerized or tank sto- Industrial Center may be rage of liquids, fuels, gases used for the following per- and other materials. miffed and accessory uses: 2) Vehicle-related Features 1) Railroad and public or Vehicle-related features are defined quasi-public utilities, in- as all areas used for the movement cluding substations - and parking of all vehicles within [47]. the lot. These include: 2) General offices - [14]. a) Employee and visitor 3) Medical/dental lab - [8]. parking spaces. 4) Personal services - b) Driveways from the [14]. street right-of-way line 5) Off-street parking lot - to and from parking [N/A] spaces. 6) Parking structure - c) Loading spaces outside [N/A] of the building. 7) Bakery (whole- d) Maneuvering space and sale/commercial) - driveways to and from [19]. loading spaces. 8) Drive-up automated e) Parking spaces for bank teller - [8]. company-owned com- 9) Furniture uphols- mercial vehicles. tery/repair - [18]. 3) Open Space Features 10) Banks/savings and Open space features are defined as loans, and credit unions those exterior areas and developed - [31 ]. features of the lot which include: 11) Vending/game machine a) Landscape space con- sales and service - taining lawn areas and [19]. plantings. 12) Mail order houses - b) Paved, hard-surfaced [23]. Book 137 Regular Session, May 21, 2007 187 13) Construction supply terials: glue, petroleum sales and service - products or any flamm- [19]. able liquid, asphalt or 14) Printing/publishing - concrete products, ex- [32]. plosive materials of any 15) Moving/storage facili- type, structural steel ties - [33]. and foundry products, 16) Wholesale fertilizer, pharmaceuti- sales/distributor-[29]. cal products, including 17) Freight transfer facili- cosmetics, toiletries ties - [33]. and soaps, and stone 18) Agricultural supply products, including sales - [19]. brick, building stone 19) Cold storage/locker and similar masonry plants - [15]. materials - [33]. 20) Packing and [ ]Parking group -see processing of meat, Section 4-2 of the Zon- dairy or food products, ing Ordinance. but not to include Accessorv Uses: The following slaughter houses or uses shall be permitted stockyards - [33]. as accessory uses: 21) Compounding, 1) Any use customarily in- processing and pack- cidental and subordinate aging of chemical to the principal use it products, but not in- serves. cluding highly flamma- D) Lot and Bulk Standards ble or explosive mate- 1) Maximum Heiaht rials - [33]. Maximum height of building- 22) Manufacture, assem- related features shall not exceed bly, repair or storage of fifty (50) feet, except that struc- electrical and electronic tural appurtenances, such as products, components towers, chimneys, and mechani- or equipment - [33]. cal equipment may be allowed 23) Laboratories for re- to exceed this limit. search or engineering - 2) Land Area Coveraae [33]. a) Land area coverage by 24) Warehousing and sto- building-related features rage facilities - [33]. and vehicle-related fea- 25) Manufacture or assem- tures shall not exceed bly of musical instru- the maximum limits es- ments, toys, watches or tablished in this section. clocks, medical, dental, Land area for open optical or similar scien- space-related features tific instruments; ortho- shall not be less than the pedic or medical ap- minimum limits estab- pliances; signs or bill- lished in this section. boards - [33]. b) Maximum lot coverage 26) Manufacturing, com- shall be eighty (80) per- pounding, assembly or cent. All building and ve- treatment of articles or hicle-related features products from the fol- shall be considered when lowing substances: calculating total land clothing or textiles, rub- area coverage, except ber, precious or semi- fire lanes and railroad precious stones or tracks. The City Engineer metal, wood, plastic, shall review all building paper, leather, fiber, and paving expansions glass, hair wax, sheet for compliance with metal, feathers, fur, and storm water control regu- cork - [33]. lations and policies. 27) Manufacture, storage 3) Lot Development Zones or processing of the fol- Development on each lot is re- lowing products or ma- gulated by standards for each of 188 Regular Session, May 21, 2007 Book 137 E) four lot development zones shown on Attachment B. The position of each lot line related to adjacent lots, streets, public open space and existing topo- graphy establishes the type of zone which has been designat- ed for each lot line. The degree to which building-related, ve- hicle-related, and open space- related features may be devel- oped in each zone is established in accordance with the section diagrams included as Attach- ment C, parts 1 through 5. Ab- breviations used on the dia- grams include: BR: Building-related fea- tures VR: Vehicle-related fea- tures OS: Open space-related features Basic Zone Descriptions: "A" Zone: Area between street right-of-way line and "B" zone. Principally con- tains open space and a limited amount of vehicle- related features. No build- ing-related features are al- lowed in this zone. "A" zones associated with ma- jor and minor streets are different. "B" Zone: Major area inside the "A", "C", and "D" zones. Principally contains building and vehicle- related features with a lesser amount of open space. "C" Zone: Area between the public open space (back or side) lot lines and the "B" zone. Principally con- tains open space and a limited amount of vehicle- related features. "D" Zone: Area associated with a lot line separating two lots. Principally con- tains open space and a limited amount of vehicle- related features. District Standards Each use shall be planned, designed, constructed, operated and maintained in such a manner as to comply with the dis- trict standards of the PI Planned Industri- al District and the following: 1) Reauired Open Space Development a) Plant Materials. The open space area of each lot shall be planted with per- manent lawn and ground covers, shrubs and trees. These plantings shall be designed to perform the functions and purposes set forth in Guidelines for the Selection of Plant Mate- rials (Attachment D). The installation of required planting materials may be phased in direct proportion to the phasing of building construction. All exposed soil areas remaining after the construction of the building and vehicle- related features shall be planted with a permanent ground cover to prevent erosion. The area between the paved public street and the right-of-way line shall be planted and maintained by the lot owner. b) Pedestrian Areas: Perma- nent hard-surfaced walk- ways shall be installed and maintained for the purpos- es of pedestrian move- ment between all parking areas and functioning en- trances and exits of the buildings. 2) Control of Vehicle-related Fea- tures a) Parking spaces required: Each developed lot shall provide a minimum num- ber of off-street parking spaces for employees and visitors. The number of spaces required shall be in accordance with Section 4-2 of the Zoning Ordin- ance. When computation of re- quired off-street parking spaces results in a frac- tional number, the required spaces shall be the next higher whole number. All off-street parking spaces shall be located on the same lot as the building for which such spaces are re- quired or on an adjacent lot in a location which is not farther than 300 (three hundred) feet from the building served. Parking Book 137 Regular Session, May 21, 2007 189 b) c) d) e) spaces provided for over- night storage of company- owned commercial ve- hicles shall be in addition to the minimum required number of spaces. Loading spaces required. A minimum number of re- quired off-street loading spaces shall be provided on each developed lot as established by applicable provisions of the City of Dubuque Zoning Ordin- ance enforced at the time of development of the lot. Phased construction of buildings, parking spaces and loading spaces. The construction of off-street parking spaces and load- ing spaces may be phased in proportion to the per- centage of total building floor area constructed at any one time. Ground area set aside for future park- ing, loading spaces or driveways or for parking provided in excess of the minimum required number of parking or loading spaces shall not reduce the minimum required area for open space. Location of vehicle-related features on the lot. The ground location of all ve- hicle-related features is controlled by the provi- sions of Section D(3) Lot Development Zones. Design. All vehicle-related features shall be surface with a hard, all-weather, durable, dust-free surfac- ing material. Proper drai- nage of storm water shall be provided. All parking and loading spaces shall be delineated on the sur- facing material by painted stripes or other permanent means. Widths and lengths of parking and loading spaces shall be governed by applicable provisions of City of Dubu- que Ordinances enforced at the time of development of the lot. The number, size, design and location of parking f) 3) a) b) spaces designated for handicapped drivers shall be according to local, state or federal requirements in effect at the time of devel- opment. The location or driveway intersections with public streets shall be es- tablished by the City of Dubuque. Reverse movement ma- neuvering of deliver ve- hicles between the lot and minor cul-de-sac streets is allowable. No on-street maneuvering or delivery vehicles will be allowed on any type of through street. Lots adjoining through streets shall provide all necessary maneuvering space for delivery vehicles within the confines of the lots. Loading doors and docks. All loading (shipping and receiving of raw and man- ufactured goods) doors and docks shall be de- signed to provide for the direct movement of goods between the delivery ve- hicle and the interior of the building. No visually ex- posed platform docks shall be allowed, except within fully screened storage areas. Exterior loading and unloading of vehicles is al- lowed within screened ex- terior storage areas. Utility Location Service lines. All electrical, telephone, television cable and other similar utility lines serving the building and other site features shall be located under- ground. Mechanical equipment. All electrical transformers, switching gear, relay box- es, meters, air conditioning units, heat pumps, and other similar mechanical equipment shall be located in positions which are shielded from view from public streets in the Dubu- que Industrial Center. Constructed fencing or walls and plant materials may be used to visually 190 Regular Session, May 21, 2007 Book 137 screen such mechanical five (5) for each equipment. premises or lot. 4) Site Sianaae No maximum num- a) Applicability of City of Du- ber of sec- buque Ordinances. The ondary provisions of the City of signs is es- Dubuque Zoning Ordin- tablished. ance and Sign Ordinance 3) Maximum area of apply to the construction sign panel. If a pri- and maintenance of signs, mary sign is build- unless further regulated by ing-mounted its to- this section. tat area shall not b) Off-premise signs. No off- exceed 15% of the premise signs shall be area of the building erected or constructed in wall upon which it the Dubuque Industrial is mounted. If the Center or on any of the primary sign is private lots or buildings freestanding, its within the Dubuque Indus- maximum area trial Center. shall not exceed c) On-premise signs. the following: 1) Allowable content. Maximum primary Signs, messages Lot area (acres) sign area and graphics shall (square feet) be limited to the fol- 0 to 5 30 square feet lowing contents: 5.01 to 10 50 square feet Primarv Sian 10.01 to 20 70 square feet - Identification of com- 20.01 + 90 square feet pany name The area of double- - Identification of com- faced freestanding pany products or signs shall be com- services puted as the area - Street address of a single face on- - Graphic symbol or ly. logo identified with No maximum cu- the company mutative area is es- Secondarv Sian tablished for sec- - Directional messag- ondary signs; hoov- es necessary for the ever, no single safe and efficient permanent sec- flow or vehicular and ondary signs hall pedestrian traffic on exceed six feet in the lot area. - Identification of visi- 4) Allowable structural for entrances to the types. Primary and building, shipping secondary signs and receiving docks, may be mounted and other deliver on exterior walls of points buildings or may be - Identification of as- freestanding. No signed parking signs shall be spaces and handi- mounted on roofs capped accessibility or above any eave - Temporary an- or parapet of a nouncements of building. All build- pending or new con- ing-mounted signs struction shall be flush - Commemorative mounted on the messages wall and no projec- 2). Maximum number tions beyond one of signs. The num- (1) foot shall be al- ber of primary signs lowed. The deter- shall not exceed urination of area of Book 137 Regular Session, May 21, 2007 191 5) 6) 7) 8) signs composed of separate elements shall be the area of a rectangle that completely enclos- es all such ele- ments and/or cor- porate identification devices. Sign locations on lots. Building- mounted primary signs may be lo- cated on any fagade of a building in the industrial park. Freestanding primary signs may be located any- where on the build- ing lot. Secondary signs may be located an- ywhere on the lot and on any building fagade. No signs may project in space over a street or right-of-way line, any visibility trian- gle area, or onto another lot. Height regulations. Primary signs and their supporting structure(s) shall not extend upward to an elevation higher than the roof line of the building which is served by the sign. Lighting. Primary signs may be illu- minated only by means of indirect lighting whereby all light sources and devices are shielded from view by opaque or trans- lucent materials. Secondary signs shall not be illumi- nated. Motion. No signs may include any device or means, mechanical, elec- trical or natural, which shall cause any motion of the 5) a) b) 6) a) sign panel or any part thereof. No flashing lights or changing colors shall be allowed. Storm Water Manaaement Existing Watersheds. The area of watersheds after development shall remain the same as pre- development watersheds, or as directed by the Pub- lic Works Department of the City of Dubuque. Storm Water Conveyance. The developer of each lot shall be responsible for providing surface or sub- surface conveyance(s) of storm water from the lot to existing storm sewers or to flow line of open drai- nageways outside the lot in a means that is satisfac- tory to the Public Works Department of the City of Dubuque. Site Liahtina Types. Exterior illumina- tion of the site shall be li- mited to the illumination of: 1) Parking areas, driveways, and load- ing docks. 2) Pedestrian walkway surfaces and en- trances to building. 3) Screened storage areas. 4) Building exterior. b) Location and design. All exterior lighting shall be designed, installed and maintained so as not to cause direct glare or to shine into adjacent lots and streets. No light source shall provide illu- mination onto adjacent lots, buildings, or streets in excess of 1.0 foot candle. All exterior lighting lumina- ries shall be designed and installed to shield light from the luminare at an- gles above 72 degrees from vertical. Fixtures mounted on a building shall not be posi- tioned higher than the roof line of the building. Post- mounted freestanding fix- tures shall not be higher 192 Regular Session, May 21, 2007 Book 137 than thirty (30) feet above the line of the screen. the ground. Screen structures built on 7) Operations within enclosed sloping grades shall be buildinas stepped, so that their top All operations and activities shall line shall be horizontal. be conducted or maintained with- Exposed materials used to in completely enclosed buildings construct the opaque except: screen shall be similar in a) Off-street parking and appearance to materials loading spaces. used for exterior building b) Employee recreational fa- walls. Colors of the screen cilities. shall match those of the c) Outdoor or exterior sto- building. All exterior en- rage. trances to a screened sto- 8) Exterior Storaae and Trash rage or trash area shall be Collection Areas provided with a gate or a) Allowable types of storage. door of similar design to Exterior storage is permit- that of the screen. Gates ted only for raw and or doors facing a street processed goods, equip- frontage or the Northwest ment and other materials Arterial shall be closed at related to the principal ac- all times other than when a tivity of the lot. The sto- vehicle or personnel are rage of trash and debris using the entrance for shall be limited to that pro- access to and from the duced by the principal screened area. permitted use of the lot. If a ten (10) foot high No outdoor storage of ma- screen fails to shield the terials or trash which could exterior storage or trash be blown into the air or collection area from view strewn about by the wind from points inside or out- shall be permitted. side of the property, ever- b) Location and area cover- green plantings may be age of exterior storage and required. Evergreen plant trash collection. The loca- materials shall be selected tion of exterior storage and and designed so that they trash collection areas is will eventually screen the controlled by provisions of area from all off-site visibil- Section 4.3 Lot Develop- ity. In such cases, if initial ment Zones. The ground plantings are of six (6) foot area coverage of exterior height or greater, the re- storage and trash collec- quirements of other opa- tion areas shall be the que screening shall be area contained inside the omitted. required screening and F) Transfer of Ownership this area shall be consi- Transfer of ownership or lease of dered to be a building- property in this PUD District shall in- related feature for purpos- clude in the transfer or lease agree- es of calculating total land ment a provision that the purchaser area coverages. or lessee acknowledges awareness c) Screening of exterior sto- of the conditions authorizing the es- rage and trash collection tablishment of the district. areas. All exterior storage G) Modifications and trash collection areas Any modifications of this Ordinance and the materials con- must be approved by the City Council tained therein shall be vi- in accordance with zoning reclassifi- sually screened from view. cation proceedings of Section 6 of the The screening shall be a Zoning Ordinance. completely opaque fence, H) Recording wall or other feature not A copy of this ordinance shall be rec- exceeding aheight of ten orded at the expense of the property (10) feet measured from owner(s) with the Dubuque County the ground level outside Recorder as a permanent record of Book 137 Regular Session, May 21, 2007 193 the conditions accepted as part of this reclassification approval within ten (10 days after the adoption of this or- dinance. This ordinance shall be binding upon the undersigned and his/her heirs, successors and as- signs. Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Advi- sory Commission of the City of Dubuque, Iowa. Section 4. This Ordinance shall take effect upon publication as provided by law. Passed, approved and adopted this 21St day May, 2007. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl. Assistant City Clerk Published officially in the Telegraph Herald Newspaper the 28t" day of May, 2007 /s/Kevin S. Firnstahl, Assistant City Clerk 8005 Seippel Court Rezoning: Proof of publication on notice of public hearing to con- sider rezoning property located at 8005 Seip- pel Court from R-2 Two-Family Residential District to CS Commercial Service and Whole- sale District as requested by Brian Lammers, and Zoning Advisory Commission recommend- ing approval. Motion by Cline 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 finally passed be suspended. Seconded by Jones. Motion carried 6-0. Brian Lammers 12998 English Mill Road, spoke in support of the or- dinance. Michalski expressed concern over developers urging the City to zone R-2 and then back again to CS. Lammers explained that the property was purchased under R-2, which protected one house that he now owns. Kyle Kritz, Planning Services, gave the staff report explaining the removal of uses and the addition of conditional zoning. Motion by Cline for final consideration and adoption of Ordin- ance No. 23-07 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinaf- ter described property located at 8005 Seippel Court from R-2 Two-Family Residential District to CS Commercial Service and Wholesale District, with conditions. Seconded by Jones. Motion carried 6-0. OFFICIAL PUBLICATION ORDINANCE NO. 23-07 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DE- SCRIBED PROPERTY LOCATED AT 8005 SEIPPEL COURT FROM R-2 TWO-FAMILY RESIDENTIAL DISTRICT TO CS COMMER- CIAL SERVICE AND WHOLESALE DIS- TRICT, WITH CONDITIONS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassify- ing the hereinafter-described property from R- 2 Two-Family Residential District to CS Com- mercial Service and Wholesale District, with conditions, to wit: Lot 1 Seippel Road Com- mercial Park, Plat 2, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advi- sory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by I aw. Passed, approved and adopted this 21St day May, 2007. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, Assistant City Clerk ACCEPTANCE OF ORDINANCE NO. 23-07 I, Brian Lammers, representing Tri-State Development, property owner, having read the terms and conditions of the foregoing Ordin- ance No. 23 - 07 and being familiar with the conditions thereof, hereby accept the same and agree to the conditions required therein. Dated in Dubuque, Iowa this 21St day of May, 2007. /s/Brian Lammers Published officially in the Telegraph Herald Newspaper the 28t" day of May, 2007 /s/Kevin S. Firnstahl, Assistant City Clerk Tanzanite Drive PUD Text Amendment: Proof of publication on notice of public hearing to consider an amendment to the Planned Unit Development District to allow 40 two-unit townhouses with revised access and setbacks for property located on Tanzanite Drive as described as Lot F of Emerald Acres No. 4 as requested by Ron Klein Construction Compa- ny, and Zoning Advisory Commission recom- mending approval. Motion by Cline to receive and file the documents and that the require- ment that a proposed Ordinance be consi- dered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Jones. Motion carried 6-0. Ron Klein, Klein Construction, 15318 Holstein Drive, Sherrill, Iowa, stated that they are changing the layout for on-street parking and not adding units. Kyle 194 Regular Session, May 21, 2007 Book 137 Kritz, Planning Services, gave the staff report noting that this is a request to amend an exist- ing PUD where the original developer is no longer involved. Garage units have been in- creased and the street was designed to handle the increasing traffic. Michalski asked if the new townhouses were an increase in the housing cost classification. Kritz concurred. Barb Horsfall, 575 Sapphire Circle, said that although this was an improved request from the original PUD, she still had concerns re- garding traffic and safety. There is less space between units limiting green space and play areas. Water pressure in the area has become an issue, and she questioned the access width for emergency vehicles. She requested a sur- vey be done by the City's Engineering De- partment. Rod Tschiggfrie, 600 Sapphire Cir- cle, agreed that the original PUD was unattrac- tive, he agreed with Mr. Klein's designs that incorporate a deliberate division between the R2 and mobile home areas. Cline asked about water runoff in conjunction with Horsfall's con- cerns. Kritz said that there is a 3% permeable increase on the whole site as required in a PUD to address water run off adding that driveways are for garage access only but could allow for 4 vehicles. There is no concern with emergency vehicle access. Motion by Cline for final consideration and adoption of Ordinance No. 24-07 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by providing for the amendment of Ordinances 10-99, 96-02, 86- 03 and 14-06, which adopted regulations for the Emerald Acres PUD Planned Unit Devel- opment District with a PR Planned Residential Designation and approving an amended ordin- ance for the Emerald Acers PUD Planned Unit Development District. Seconded by Jones. Motion carried 6-0. OFFICIAL PUBLICATION ORDINANCE NO. 24-07 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY PROVIDING FOR THE AMENDMENT OF ORDINANCES NO. 10-99, 96-02, 86-03 AND 14-06, WHICH ADOPTED REGULATIONS FOR THE EMERALD ACRES PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PR PLANNED RESIDENTIAL DE- SIGNATION AND APPROVING AN AMENDED ORDINANCE FOR THE EME- RALD ACRES PUD PLANNED UNIT DE- VELOPMENT DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by providing for the amendment of ordinances 10-99, 96- 02, 86-03 and 14-06, which adopted regula- tions for the Emerald Acres PUD Planned Unit Development District with a PR Planned Resi- dential designation, and approving an amended Ordinance for the Emerald Acres PUD Planned Unit Development District, a copy of which is attached to and made a part hereof, to wit: Lot F Emerald Acres No. 4, and to the centerline of the adjoining public right-of- way, all in the City of Dubuque, Iowa. Section 2. Emerald Acres Planned Unit Development District Regulations. A. Use Reaulations The following regu- lations shall apply to all uses made of land in the above-described PUD Dis- trict: 1. Principal permitted uses for Lots 5 thru 27 Emerald Acres #2 shall be limited to: a. Single-family detached dwellings - [11] 2. Principal permitted uses for Lot F Emerald Acres No. 4 shall be li- mited to: a. Two-family dwelling (dup- b. Townhouses (maximum two [2] dwelling units)-[ 11 ]. 3. Principal permitted uses for Lots 1-1 thru 2-4 of Emerald Acres No. 5 shall be limited to: a. Single-family detached dwellings - [11] b. Two-family dwelling (dup- lex) - [11 ] c. Multi-family dwelling (maximum six [6] dwelling units) - [9] d. Townhouses (maximum six [6] dwelling units)-[11] [ ]Parking group -see Sec- tion 4-2 of the Zon- ing Ordinance. 4. Accessory uses shall include any use customarily incidental and subordinate to the principal use it serves. B. Lot and Bulk Reaulations Develop- ment of land in the PUD District shall be regulated as follows: 1. Development of Lots 5 thru 27 Emerald Acres #2 shall meet bulk regulations set forth in the Zoning Ordinance for the R-1 Single-Family Residential Dis- trict. 2. Development of Lot F Emerald Acres No. 4 may proceed in sub- stantial conformance with at- tached conceptual plan. Book 137 Regular Session, May 21, 2007 195 C D E. 3. Development of Lots 1-1 thru 2-4 Dubuque Zoning Ordinance. of Emerald Acres No. 5 shall 2. That the attached conceptual de- meet the bulk regulations set velopment plan shall constitute a forth in the Zoning Ordinance for preliminary subdivision plat, in the R-3 Moderate Density Multi- accordance with Chapter 42, Family Residential District. Subdivision Regulations, of the Performance Standards. The de- City of Dubuque Code of Ordin- velopment and maintenance of ances. uses in this PUD District shall be 3. That the address of each dwel- established in conformance with ling unit shall be clearly dis- section 3-5.5 of the Zoning Or- played along Tanzanite Drive. dinance and the following stan- 4. That the property between the dards: south right-of-way line of Tanza- 1. Proposed public streets in the Hite Drive and the south property Planned Residential develop- line of Lot 2 of Lot 1 of SE '/4 of ment shall be designed and built SE '/4, Section 2 must comply to City Engineering specifica- with the regulations adopted for tions. Alpine Heights Mobile Home 2. Tanzanite Drive shall be con- Park Ordinance No. 72-98. structed to a width of 37 feet. G. Transfer of Ownership. Transfer of 3. Erosion control devices shall be ownership or lease of property in this provided during all phases of PUD District include in the transfer or construction of the Planned Res- lease agreement a provision that the idential development. purchaser or lessee acknowledges 4. Parking requirements for allowed awareness of the conditions authoriz- uses shall be as per the parking ing the establishment of the district. group for the designated use, in H. Modifications. Any modifications of accordance with Section 4-2 of this Ordinance must be approved by the Zoning Ordinance. the City Council in accordance with 5. Sidewalks shall be provided ad- zoning reclassification proceedings of joining all public streets. Section 6 of the Zoning Ordinance. 6. Storm water control facilities will I. Recordina. A copy of this ordinance be installed as per City Engineer- shall be recorded at the expense of ing requirements. the property owner with the Dubuque 7. Final site development plans County Recorder as a permanent shall be submitted in accordance record of the conditions accepted as with Section4-4 of the Zoning part of this reclassification approval Ordinance prior to construction of within forty-five (45) days after the any buildings. adoption of this ordinance. This or- Open Space and Recreational Areas dinance shall be binding upon the Open space and landscaping in the undersigned and his/her heirs, suc- PUD District shall be regulated as fol- cessors and assigns. lows: Section 3. The foregoing amendment has 1. Those areas not designated on heretofore been reviewed by the Zoning Advi- the conceptual plan for develop- sory Commission of the City of Dubuque, ment shall be maintained as Iowa. open space, as defined by Sec- Section 4. The foregoing amendment shall tion 8 of the Zoning Ordinance, take effect upon publication, as provided by by the property owner and/or as- law, and at such time that the herein described sociation. property is legally annexed into the City of Sian Reaulations. Signs in the PUD Dubuque, Iowa. District shall be regulated as follows: Passed, approved and adopted this 21St 1. Signs shall be allowed in the day May, 2007. Planned Residential develop- /s/Roy D. Buol, Mayor ment in accordance with the R-1 Attest: Single-Family Residential District /s/Kevin S. Firnstahl, Assistant City Clerk regulations of the Zoning Ordin- Published in the Telegraph Herald News- ance. paper the 28t" day of May, 2007. Additional Standards. /s/Kevin S. Firnstahl, Assistant City Clerk 1. That a site plan shall be submit- ted for Lot F Emerald Acres No. 3105 Cedar Crest Ridge Rezoning: Proof 4 as per Section 4-4, Site Plan of publication on notice of public hearing to Review Provisions of the City of consider rezoning property located at 3105 196 Regular Session, May 21, 2007 Book 137 Cedar Crest Ridge from CS Commercial Ser- vice and Wholesale District to C-3 General Commercial District as requested by Ron Smith/RRTC Properties, and Zoning Advisory Commission recommending approval. Motion by Cline to receive and file the documents and that the requirement that a proposed Ordin- ance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Jones. Ron Smith, 1640 Justin Lane, spoke in support of the ordinance. Kyle Kritz, Planning Services, gave the staff report. He stated that traffic has been increasing on Cedar Cross, which is conducive to C-3 zon- ing. Motion by Lynch for final consideration and adoption of Ordinance No. 25-07 Amend- ing Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by rec- lassifying property located at 3105 Cedar Crest Ridge from CS Commercial Service and Wholesale District to C-3 General Commercial District. Seconded by Jones. Motion carried 6-0. OFFICIAL PUBLICATION ORDINANCE NO. 25-07 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DE- SCRIBED PROPERTY LOCATED AT 3105 CEDAR CREST RIDGE FROM CS COM- MERCIAL SERVICE AND WHOLESALE DISTRICT TO C-3 GENERAL COMMERCIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassify- ing the hereinafter-described property from CS Commercial Service and Wholesale District to C-3 General Commercial District, to wit: Lot 1 Cedar Ridge Farm Place No. 4, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advi- sory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by I aw. Passed, approved and adopted this 21St day May, 2007. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, Assistant City Clerk Published in the Telegraph Herald News- paperthe 28t" day of May, 2007. /s/Kevin S. Firnstahl, Assistant City Clerk Kebbie Drive Rezoning: Proof of publica- tion on notice of hearing to consider rezoning property on Kebbie Drive described as Lot 3 of Bies Subdivision #2 from R-2 Two-Family Res- idential District to R-3 Moderate-Density Multi- Family Residential District as requested by James and Renee Schreiber, and Zoning Ad- visory Commission recommending approval. Motion by Michalski 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 finally passed be suspended. Seconded by Jones. Motion carried 6-0. James Schreiber spoke in favor of the rezoning adding that he delayed building on the rear of his property, which is already R-3 until this request was determined. Kyle Kritz, Planning Services, gave the staff report noting that this property backs up to the Lifetime Center building and has undergone multiple rezonings. Motion by Michalski for final consideration and adoption of Ordinance No. 26-07 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying property located at the end of Kebbie Drive from R-2 Two-Family Residential District to R-3 Moderate-Density Multi-Family Residential District. Seconded by Jones. Motion carried 6-0. OFFICIAL PUBLICATION ORDINANCE NO. 26-07 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DE- SCRIBED PROPERTY LOCATED AT THE END OF KEBBIE DRIVE FROM R-2 TWO- FAMILY RESIDENTIAL DISTRICT TO R-3 MODERATE DENSITY MULTI-FAMILY RES- IDENTIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassify- ing the hereinafter-described property from R- 2 Two-Family Residential District to R-3 Mod- erate Density Multi-Family Residential District, to wit: Lot 3 C. J. Bies Subdivision No. 2, and to the centerline of the adjoining public right-of- way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advi- sory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by I aw. Passed, approved and adopted this 21St day May, 2007. Book 137 Regular Session, May 21, 2007 197 /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, Assistant City Clerk Published officially in the Telegraph Herald Newspaper the 28t" day of May, 2007. /s/Kevin S. Firnstahl, Assistant City Clerk Carnegie Stout Public Library Landmark Nomination: Proof of publication on notice of public hearing to consider the nomination of Carnegie-Stout Public Library as a historic landmark, as recommended by the Long Range Planning Advisory Commission, and City Manager recommending approval. Motion by Cline to receive and file the documents and that the requirement that a proposed Ordin- ance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Lynch. Motion carried 6-0. Mo- tion by Lynch for final consideration and adop- tion of Ordinance No. 27-07 Amending Chap- ter 25 (Historic Preservation) of the City of Dubuque Code of Ordinances by adding a new Section 25-6.15 Designating the Carnegie Stout Public Library as a Landmark. Seconded by Jones. Motion carried 6-0. OFFICIAL PUBLICATION ORDINANCE NO. 27-07 AN ORDINANCE AMENDING CHAPTER 25 (HISTORIC PRESERVATION) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY ADDING A NEW SECTION 25-6.15 DESIG- NATING THE CARNEGIE STOUT PUBLIC LIBRARY AS A LANDMARK Whereas, the Historic Preservation Com- mission has recommended an amendment to Chapter 25 (Historic Preservation) of the City of Dubuque Code of Ordinances designating the Carnegie Stout Public Library as a land- mark; and Whereas, the City Council concurs with the designation of the Carnegie Stout Public Li- brary as a landmark in accordance with the provisions of Chapter 25. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 25-6 of the City of Du- buque Code of Ordinances is hereby amended by adding the following new section: Sec. 25-6.15. Carnegie Stout Public Library: The property hereinafter described is hereby designated as a landmark, according to the provisions of this chapter: The circa 1901 building situated on City Lot 658A, City Lot 659, City Lot 660, balance of City Lot 658, commonly known as 360 West 11t" Street. Section 2. This ordinance shall take effect immediately upon publication, as provided by I aw. Passed, approved and adopted this 21St day May, 2007. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, Assistant City Clerk Published officially in the Telegraph Herald Newspaper the 28t" day of May, 2007. /s/Kevin S. Firnstahl, Assistant City Clerk Port of Dubuque Adams Development LLC Special Warranty Deed: Proof of publication on notice of public hearing to consider approval of the disposition of property by deed to Port of Dubuque Adams Development, LLC, and City Manager recommending approval. Motion by Cline to receive and file the documents and adopt Resolution No. 295-07 Disposing of an interest in real property by deed to Port of Du- buque Adams Development, LLC. Seconded by Lynch. Motion carried 6-0. RESOLUTION NO. 295-07 DISPOSING OF AN INTEREST IN REAL PROPERTY BY DEED TO PORT OF DUBU- QUEADAMS DEVELOPMENT, L.L.C. WHEREAS, the City of Dubuque, Iowa (City) is the owner of the following real property (the Property): Lot 2-2 in Adams Company's Fourth Addition in the City of Dubuque, Iowa, accord- ing to the recorded plat thereof (the Property); and WHEREAS, City and Port of Dubuque Adams Development, L.L.C. have entered into a Development Agreement pursuant to which City will convey the Property to Port of Dubuque Adams Development, L.L.C.; and WHEREAS, on May 21, 2007, the City Council pursuant to notice published as required by law held a public hearing on its intent to dis- pose of the foregoing interest in the Property and overruled all objections thereto; and WHEREAS, the City Council finds that it is in the best interest of the City to approve the dis- position of the Property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. Upon fulfillment of the conditions in the Development Agreement, the Mayor is hereby authorized and directed to execute a deed disposing of all of the City's right, title and interest in the Property to Port of Dubuque Adams Development, L.L.C. Passed, approved and adopted this 21St day of May, 2007. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Assistant City Clerk 198 Regular Session, May 21, 2007 Book 137 US 52 North Storm Sewer Improvement Project: Proof of publication on notice of public hearing to consider adoption of the plans and specifications, form of contract, and estimated cost for the US 52 North Storm Sewer Im- provement Project, and City Manager recom- mending approval. Motion by Cline to receive and file the documents and adopt Resolution No. 296-07 Approving plans and specifica- tions, form of contract, and estimated cost for the US 52 North Storm Sewer Improvement Project. Seconded by Jones. Motion carried 6-0. are hereby approved. Passed, approved and adopted this 21st day of May, 2007. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Assistant City Clerk REINSTATE THE RULES Upon motion the rules were reinstated li- miting discussion to the City Council. ACTION ITEMS RESOLUTION NO. 296-07 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE US 52 NORTH STORM SEWER IMPROVEMENT 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 US 52 North Storm Sewer Improvement Project, in the estimated amount $310,649.00, are hereby approved. Passed, adopted and approved this 21St day of May, 2007. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Assistant City Clerk Grand River Center Carpet Replacement Project: Proof of publication on notice of public hearing to consider adoption of plans and spe- cifications, form of contact, and estimated cost for the Grand River Center Carpet Replace- ment Project and City Manager recommending approval. Motion by Cline to receive and file the documents and adopt Resolution No. 297- 07 Approval of plans and specifications, form of contract, and estimated cost for the Grand River Center Carpet Replacement Project. Seconded by Michalski. Michalski asked if the new patterns or designs would retain the beau- ty of the original carpet. Assistant City Manager Stein- hauser said that the replacement carpet would be similar to the original patterns but more resistant to stains and fading caused by harsh cleaning chemicals. Motion carried 6-0. RESOLUTION NO. 297-07 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE GRAND RIVER CENTER CARPET REPLACEMENT 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 Grand River Center Carpet Replacement Project, in the estimated amount of $45,000, Grandview Pet Park: Request of Lynn Be- hrens to address the City Council regarding a petition in support of keeping the Grandview Pet Park open. Motion by Cline to receive and file the documents. Seconded by Michalski. Julie Thom, 530 Napier Street, spoke in favor of the pet park disputing previous claims about barking and the park's appearance. She be- lieves barking is not continuous and suggested the City's Animal Control Office investigate. She said the City does a good job of mainten- ance and suggested alternating the use of each side of the park to allow for replanting of the side not in use. She believes a dog park at any location would affect property owners. An additional petition was submitted for the record. Motion carried 6-0. Dubuque Genealogical Society: Nancy Stroup, Vice President, Dubuque Genealogical Society, requesting to address the City Council regarding City assistance for relocation pend- ing termination of lease with the Masonic Temple. Motion by Cline to receive and file. Seconded by Jones. Nancy Stroup, 10004 Westbrook Road, Galena, Illinois, and Vice President of the Genealogical Society, pro- vided some background on the organization for Council. It is anon-profit historical group that has records related to 400 surnames from the Dubuque area. They currently reside in the Mary of Angels building at 6t" and Bluff but will need new space soon. A partnership with the City would help increase visibility of the Socie- ty. Motion carried 6-0. Patricia Broessel Special Assessment: Correspondence from Attorney Joseph Bitter on behalf of Patricia Broessel requesting to address the Council regarding a special as- sessment for sidewalk and curb replacement at 2093 Washington Street. Motion by Cline to receive and file. Seconded by Lynch. Van Mil- ligen said that the City Engineering Depart- ment has been in contact with Mr. Bitter and clarified that this issue involved two separate assessments, one assessable and one non- assessable. Motion carried 6-0. Book 137 Regular Session, May 21, 2007 199 All Veterans' Memorial: City Manager re- commending approval of construction of a new All Veterans' Memorial at the McAleece Park and Recreation Complex. Motion by Cline to receive, file, and approve the documents. Seconded by Michalski. George Goebel, Commander, VFW 9663, submitted design documents and reviewed plans stating that this memorial would have year-round access, would be maintenance free, and efforts would be made to deter vandalism. Cline inquired about recent controversy. Goebel said that the Marshall Park Memorial has been plagued by a poor design and lack of funds for repair or redesign. Michalski asked about the current memorials inside Riverview Park. Goebel said that those memorials are closed for some oc- casions. The All Veterans Memorial would be in proximity to those memorials but accessible for ceremonies year round. Nick Lucy, 783 Fenelon Place, concurred that the Marshal Park Memorial wasn't functioning and is unfi- nished because of the money needed to repair design flaws. He said that no one has agreed to meet with him to consider working together and using these funds to repair Marshal Park. He also said that there is no signage informing people of the memorial. Jones felt that neither memorial detracts from the other. Since there is no City funding being used, it is a personal choice whether or not to donate. Michalski expressed concerns about the size of the de- sign. Because of the Chaplain Schmitt Me- morial, would there be adequate space. Van Milligen said that this re-design is appropriate in terms of size and cost, and it has good syn- ergy. Motion carried 6-0. German Bank Building, LLLP - Develop- ment Agreement: City Manager recommending approval of a development agreement be- tween the City of Dubuque and German Bank Building, LLLP, for the revitalization of the Old German Bank Building. Motion by Michalski to receive and file, and adopt Resolution No. 298-07 Authorizing the execution of a devel- opment agreement with German Bank Build- ing, LLLP. Seconded by Lynch. Motion carried 6-0. RESOLUTION NO 298-07 AUTHORIZING THE EXECUTION OF A DE- VELOPMENT AGREEMENT WITH GERMAN BANK BUILDING, LLLP. Whereas, the City Council of the City of Dubuque, Iowa, after public hearing, duly adopted an Urban Renewal Plan (the Plan) for the Greater Downtown Urban Renewal District (the District); and Whereas, the Plan provides that the City may undertake special financing activities, including loans or grants to private developers, to meet the objectives of the Plan and to en- courage the development of the District; and Whereas, the City Council has determined, in accordance with Section 15A.1 of the Iowa Code, that German Bank Building, LLLP is qualified to receive such loan or grant assis- tance to assist with the renovation of an histor- ic building within the District; and Whereas, it is expected that the aggregate amount of the Tax Increment Revenue obliga- tions will be $200,000.00, more or less, due to assessment increases and/or tax rate adjust- ments; and Whereas, a Development Agreement, at- tached hereto and by this reference made a part hereof, sets forth the terms and conditions of the disbursement of Tax Increment Reve- nue proceeds to German Bank Building, LLLP. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the form of Development Agreement by and between the City of Dubu- que and German Bank Building, LLLP at- tached hereto, is hereby approved. Section 2. That the Mayor and City Clerk are hereby authorized and directed to execute, on behalf of the City of Dubuque, Iowa, said Development Agreement. Passed, approved and adopted this 21St day of May, 2007. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Assistant City Clerk Historic Preservation Commission Mem- bership: City Manager recommending approval of an amendment to the Historic Preservation Ordinance which would allow property owners or business owners to temporarily represent vacant historic district seats until such time that a resident volunteer can be appointed. Motion by Jones to receive and file the docu- ments and that the requirement that a pro- posed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Michalski. Motion carried 6-0. Motion by Jones for final consider- ation and adoption of Ordinance No. 28-07 Amending Chapter 25 (Historic Preservation) of the City of Dubuque Code of Ordinances by adding a new Section 25-3(h) to allow owners of real property and owners of businesses in the district to be temporarily appointed to va- cant district seats until such a time a qualified resident can be appointed. Seconded by Mi- chalski. Motion carried 6-0. OFFICIAL PUBLICATION ORDINANCE NO. 28-07 AN ORDINANCE AMENDING CHAPTER 25 (HISTORIC PRESERVATION) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY ADDING A NEW SECTION 25-3(h) TO AL- 200 Regular Session, May 21, 2007 Book 137 LOW OWNERS OF REAL PROPERTY AND OWNERS OF BUSINESSES IN THE DIS- TRICT TO BE TEMPORARILY APPOINTED TO VACANT DISTRICT SEATS UNTIL SUCH A TIME A QUALIFIED RESIDENT CAN BE APPOINTED. Whereas, the Historic Preservation Com- mission has experienced occasional vacancies in membership due to the absence of qualified applicant for vacant seats on the Commission which seats require that the appointee be a resident of the district: and Whereas, the Historic Preservation Com- mission has found that such vacancies have in some instances reduced the effectiveness of the Commission; and Whereas, the Historic Preservation Com- mission has recommended an amendment to Chapter 25 (Historic Preservation) of the City of Dubuque Code of Ordinances to allow own- ers of real property and owners of businesses in the district to be temporarily appointed to vacant district seats until such a time a quali- fied resident can be appointed; and Whereas, the City Council concurs with the recommendation to allow owners of real prop- erty and owners of businesses in the district to be temporarily appointed to vacant district seats until such a time a qualified resident can be appointed; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 25-3 of the City of Du- buque Code of Ordinances is hereby amended by adding the following new paragraph (h): Sec. 25-3. Historic Preservation Commis- sion Established; Membership; Term of Office; Vacancies in Office: (h) In the event that a vacancy occurs in a seat which requires that the appointee be a resident of the district and for which there is no application from a qualified resident, the City Council may appoint a person who is an owner of real property in the district or an owner of a business in the district to the vacant seat. This appointment shall be temporary and a resident of the district may at any time apply to fill this seat. Upon appointment of a qualified resident to this seat by the City Council, the temporary appointment shall terminate. Section 2. This ordinance shall take effect immediately upon publication, as provided by I aw. Passed, approved and adopted this 21St day May, 2007. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, Assistant City Clerk Published officially in the Telegraph Herald Newspaper the 28t" day of May, 2007. /s/Kevin S. Firnstahl, Assistant City Clerk Solid Waste Collection Fee Reduction: City Manager recommending approval of a pro- posed revision to Section 40-37 of the City Code of Ordinances reducing the monthly solid waste collection service base fee from $9.91 to $9.89. Motion by Cline 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 finally passed be suspended. Seconded by Lynch. Motion carried 6-0. Motion by Cline for final consideration and adoption of Ordinance No. 29-07 Amending City of Dubuque Code of Ordinances Section 40-37 paragraphs (a), (b), and (c) establishing charges for the collection and disposal of solid waste materials. Jones said that the good work of the community made this positive result possible. Seconded by Lynch. Motion carried 6-0. OFFICIAL PUBLICATION ORDINANCE NO. 29-07 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES SECTION 40-37 PARA- GRAPHS (a), (b), and (c) ESTABLISHING CHARGES FOR THE COLLECTION AND DISPOSAL OF SOLID WASTE MATERIALS NOW, THEREFORE, BE IT ORDAINED BY CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. Section 40-37, paragraphs (a), (b), and (c) of the City of Dubuque Code of Ordinances are hereby amended to read as fo I I ows: Sec. 40-37. Charges-Amounts; Exceptions1: (a) Class I Premises: Except as qualified below, a fee of nine dollars and eigh- ty-nine cents ($9.89) per dwelling unit per month shall be paid to the city by the property owner of each class I premises for such services. Said fee shall be in payment for collection and disposal of one 35-gallon can or one 35-gallon trash bag of "solid waste" as defined in this chapter. There is no limit on the number of bins allowed to be collected containing acceptable "recyclable materials" as defined in this chapter. Exceptions to the collec- tion charges for class I premises are as follows: (1) When a class I premises has been vacant for a period not less than three (3) consecutive months, the owner may apply to the city manager for a credit under procedures to be estab- lished by the city manager. Such cre- dit shall continue only so long as the class I premises is vacant. (2) Class I premises when the head of the household is sixty five (65) years of age or older and has an an- Book 137 Regular S nual income equal to or less than the income standards used by HUD for its "section eight (8) housing pro- gram" for one- and two-person households may, upon application to the city manager, be exempted from one-half (1/2) the established collec- tion charge. After the initial applica- tion, annual application shall be made by the head of household on July 1 of each year to verify annual income and eligibility. (3) In cases of extreme financial hardship, the city manager, may and is hereby authorized and empowered to, make adjustments in the monthly collection charges as the city manag- er may deem appropriate. In such cases, the city manager shall have the authority to require such proof of vacancy, financial status, age or ex- treme hardship, as the city manager may deem necessary. (4) Class I premises when a family household of five (5) or more persons has an annual income equal to or less than the income standards used by HUD for its "section eight (8) hous- ing program" for the size of that household may, upon application to the city manager, be exempted from one-half (1/2) the established collec- tion charge. After the initial applica- tion, annual application shall be made by the head of household on July 1 of each year to verify annual income and eligibility. (b) Class II Premises: A fee of nine dol- lars and eighty-nine cents ($9.89) per month shall be paid to the city by the property owner of each class II pre- mises for such services. Said fee shall be in payment for collection and disposal of one 35-gallon can or one 35-gallon trash bag of "solid waste" as defined. There is no limit on the number of bins allowed to be col- lected containing acceptable "recycl- able materials" as defined. The owner of a class II premises served by the city solid waste collec- tion may provide the city manager with not less than fourteen (14) days' written notice of intent to terminate the service. Such termination of ser- vice shall be effective at the begin- ning of the next billing period after such fourteen (14) day notice period. (c) Class III Premises: A fee of nine dol- lars and eighty-nine cents ($9.89) per month shall be paid to the city by the property owner of each class III pre- mises for such services. Said fee ession, May 21, 2007 201 shall be in payment for collection and disposal of one 35-gallon can or one 35-gallon trash bag of "solid waste" as defined. There is no limit on the number of bins allowed to be col- lected containing acceptable "recycl- able materials" as defined. The owner of a class III premises served by city solid waste collection may provide the city manager with not less than fourteen (14) days' writ- ten notice of intent to terminate the service. Such termination of service shall be effective at the beginning of the next billing period after such four- teen (14) day notice period. Section 2. This ordinance shall take effect on the 1st day of July, 2007. Passed, approved and adopted this 21st day of May, 2007. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, Assistant City Clerk Published officially in the Telegraph Herald Newspaper the 28t" day of May, 2007. /s/Kevin S. Firnstahl, Assistant City Clerk DMASWA Delivery Agreement: City Man- ager recommending approval of the new waste delivery agreement with the Dubuque Metro- politan Area Solid Waste Agency. Motion by Cline to receive and file the documents and approve. Seconded by Lynch. Motion carried 6-0. Community Partnership (cp2) Program - Fiscal Year 2008: City Manager recommend- ing approval of the allocation of Community Partnership Program (cp2) funds for Fiscal Year 2008. Motion by Michalski to receive and file the documents and adopt Resolution No. 299-07 Authorizing the award of Community Partnership Program (cp2) funds for Fiscal Year 2008. Seconded by Jones. Motion car- ried 6-0. RESOLUTION NO. 299-07 RESOLUTION AUTHORIZING THE AWARD OF COMMUNITY PARTNERSHIP PROGRAM (cp2) FUNDS FOR FISCAL YEAR 2008. Whereas, under the provisions of Title I of the Housing and Community Development Act of 1974, as amended, the City of Dubuque has received Community Development Block Grant (CDBG) funds for the development and main- tenance of a viable urban community through the provision of decent housing, a suitable living environment and expanded economic opportunities for its residents, particularly those persons of low and moderate income; and Whereas, the Community Partnership Pro- gram (cp2) was developed in the City of Du- 202 Regular Session, May 21, 2007 Book 137 buque in response to the national goals and objectives of the CDBG program; and Whereas, guidelines for the implementa- tion of the Community Partnership Program (cp2) were approved and amended by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council hereby awards Community Partnership Program (cp2) monies to the following organizations. The award shall consist of a grant to the organiza- tion for the identified project and shall be for the amount noted below: APPLICANT, PROJECT, AMOUNT Crescent Community Health Center, Ex- pansion of dental services, $19,216 Audubon Elementary School, Plugged in to Reading: Home Connected to School, $9,687 Hillcrest Family Services, Projects in Tran- sition from Homelessness (PATH), $9,555 Dubuque Visiting Nurse Association, Case Management Project, $10,890 Total: $49,348 Section 2. That the City Manager be and he is hereby authorized to develop and ex- ecute contracts with representatives from the aforementioned organizations in accordance with the program guidelines established for the Community Partnership Program and with the regulations of the Community Development Block Grant Program. Section 3. That upon execution of said contracts, the City Manager is hereby autho- rized and directed to disburse program funds in support of the approved projects and in ac- cordance with the terms and conditions estab- lished in said contracts. Passed, approved and adopted this 21st day of May 2007. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Assistant City Clerk Summer Food Service Program: City Man- ger recommending approval of a collaboration with the Boys and Girls Club of Greater Dubu- que to provide additional summer meal sites in conjunction with the Prescott School and Com- iskey Park City of Dubuque Leisure Services playground programs. Motion by Cline to re- ceive and file the documents and approve. Seconded by Jones. Buol said that this is a tremendous idea. Michalski was pleased about high school students being involved. Motion carried 6-0. Pedestrian Wayfinding Sign System De- sign: City Manager recommending approval of the design for the Pedestrian Wayfinding Sign System components, initiation of the bidding process, and that a public hearing on the plans and specifications, form of contract, and esti- mated cost be set for June 4, 2007. Motion by Cline to receive and file the documents and adopt Resolution No. 300-07 Preliminary ap- proval of plans and specifications, form of con- tract, and estimated cost for the Pedestrian Wayfinding Sign System; Resolution No. 301- 07 Setting date of hearing on plans and speci- fications, form of contract, and estimated costs for the Pedestrian Wayfinding Sign System; and Resolution No. 302-07 Ordering the ad- vertisement for bids for the Pedestrian Way- finding Sign System. Seconded by Lynch. Steinhauser presented a mock up of the map portion. The City is seeking cost estimates for a lighted design. This signage will have a "trail blazers" design. Cline asked if this would in- clude just downtown. Steinhauser said yes. It would include downtown from 15t" Street south, the warehouse district and the Port of Dubuque. It was scaled for pedestrian use and compliments the vehicle Wayfinding sign sys- tem. RESOLUTION NO. 300-07 PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE PEDE- STRIAN WAYFINDING SIGN SYSTEM 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 Pedestrian Wayfinding Sign System in the estimated amount $99,300, are hereby preli- minarily approved and ordered filed in the of- fice of the City Clerk for public inspection. Passed, adopted and approved this 21St day of May, 2007. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Assistant City Clerk RESOLUTION NO. 301-07 FIXING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATED COST FOR THE PEDESTRIAN WAYFINDING SIGN SYSTEM Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary ap- proval to the proposed plans, specifications, form of contract, and estimated cost for the Pedestrian Wayfinding Sign System (the Project) and ordered the same to be on file in the office of the City Clerk for public inspec- tion. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a public hearing will be held on the 4t" day of June, 2007, at 6:30 p.m. in the Public Library Auditorium at which time interested persons may appear and be heard for or against the proposed plans and specifications, Book 137 Regular Session, May 21, 2007 203 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 esti- mated cost of the Project. Passed, adopted and approved this 21St day of May, 2007. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Assistant City Clerk RESOLUTION NO. 302-07 ORDERING THE ADVERTISEMENT FOR BIDS FOR THE PEDESTRIAN WAYFINDING SIGN SYSTEM NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the Pedestrian Wayfinding Sign Sys- tem is hereby ordered to be advertised for bids for fabrication and installation. BE IT FURTHER RESOLVED, that 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. That the City Clerk is hereby directed to advertise for bids for the fabrication and instal- lation of the improvements herein provided, by publishing the attached Notice to Bidders to be published in a newspaper having general cir- culation in the City of Dubuque, Iowa, which notice shall be published more than twenty days but not more than forty-five days before the date for filing bids at 2:00 p.m. on the 14t" day of June, 2007. 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 2nd day of July, 2007, in the Public Library Auditorium, 360 West 11t" Street, Dubuque, Iowa. Passed, adopted and approved this 21St day of May, 2007. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Assistant City Clerk KeyLine Monthly Pass: City Manager re- commending approval of a recommendation by the KeyLine Transit Board of Trustees to create a monthly pass for KeyLine at a cost of $35 per month to customers. Motion by Cline to receive and file the documents and adopt Resolution No. 303-07 Fixing rates for a monthly pass. Seconded by Jones. Motion carried 6-0. RESOLUTION NO. 303-07 A RESOLUTION FIXING RATES FOR A MONTHLY PASS Whereas, the City of Dubuque provides fixed-route bus service, and Whereas, the City of Dubuque desires to establish the cost of the Monthly Pass, and Whereas, the City of Dubuque desires to offer a Monthly Pass program. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Monthly Pass rate is as follows: Monthly Cost Monthly Pass $35:00 Effective the 1st day of June, 2007. Passed, approved and adopted this 21st day of May, 2007. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Assistant City Clerk KeyLine Free Rides Program: City Manag- er recommending approval to proceed with a partnership with the Dubuque Community School District to provide better transportation options for students that would include offering free KeyLine rides to students. Motion by Cline to receive and file the documents and approve. Seconded by Lynch. John Burgart, Superin- tendent, Dubuque Community Schools, 2300 Chaney Road, thanked Transit Manager Jon Rodocker and Economic Development Direc- tor Dave Heiar for help and said that the down- town school principals initiated the program. They hope to create options for families and possibly help alleviate the parking issues at Hempstead High School. Motion carried 6-0. Asbury Plaza Area Wastewater Pumping Facilities Project: City Manager recommending award of the contract for the Asbury Plaza Area Wastewater Pumping Facilities 2007 Project to McDermott Excavating in the amount of $618,342.84. Motion by Michalski to receive and file the documents and adopt Resolution No. 304-07 Awarding public im- provement contract for the Asbury Plaza Area Wastewater Pumping Facilities 2007 Project. Seconded by Cline. Motion carried 6-0. RESOLUTION NO. 304-07 AWARDING PUBLIC IMPROVEMENT CON- TRACT FOR THE ASBURY PLAZA WAS- TEWATER PUMPING FACILITIES 2007 PROJECT Whereas, sealed proposals have been submitted by contractors for the Asbury Plaza Wastewater Pumping Facilities 2007 Project (the Project) pursuant to Resolution No. 223- 07 and Notice to Bidders published in a news- paper published in the City of Dubuque, Iowa on the 20t" day of April, 2007. 204 Regular Session, May 21, 2007 Book 137 Whereas, said sealed proposals were opened and read on the 10t" day of May, 2007 and it has been determined that McDermott Excavating of Dubuque, Iowa, with a bid in the amount of $618,342.84, is the lowest respon- sive, 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 Ex- cavating and the City Manager is hereby di- rected to execute a Public Improvement Con- tract on behalf of the City of Dubuque for the Project. Passed, approved and adopted this 21St day of May, 2007. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Assistant City Clerk Rush Street Reconstruction Project: City Manager recommending award of the contract for the Rush Street Reconstruction Project to Horsfield Construction, Inc., in the amount of $1,657, 853.10. Motion by Cline to receive and file the doc- uments and adopt Resolution No. 305-07 Awarding public improvement contract for the Rush Street Reconstruction Project. Seconded by Lynch. Motion carried 6-0. RESOLUTION NO. 305-07 AWARDING PUBLIC IMPROVEMENT CON- TRACT FOR THE RUSH STREET RECON- STRUCTION PROJECT - BRYANT STREET TO VILLA STREET Whereas, sealed proposals have been submitted by contractors for the Rush Street Reconstruction -Bryant Street to Villa Street (the Project) pursuant to Resolution No. 217- 07 and Notice to Bidders published in a news- paper published in the City of Dubuque, Iowa on the 20t" day of April, 2007. Whereas, said sealed proposals were opened and read on the 10t" day of May, 2007 and it has been determined that Horsfield Construction, Inc. of Epworth, Iowa, with a bid in the amount of $1,657,853.10, 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 Horsfield Con- struction, Inc. and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. Passed, approved and adopted this 21St day of May, 2007. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Assistant City Clerk First Amendment to Diamond Jo Develop- ment Agreement: City Manager recommending approval of the first amendment to the Di- amond Jo Development Agreement for the construction of a public parking ramp. Motion by Cline to receive and file the documents, to include those distributed at this meeting, and adopt Resolution No. 306-07 Approving the first amendment to the Port of Dubuque Public Parking Facility Development Agreement. Mi- chalski questioned the wording and phases of green space versus park construction. Van Milligen said that Council approved preserva- tion of the green space site line from the Grand River Center to the Courthouse. The park is a component of the planned outdoor plaza. Seconded by Lynch. Motion carried 6-0. RESOLUTION NO 306-07 RESOLUTION APPROVING THE FIRST AMENDMENT TO THE PORT OF DUBUQUE PUBLIC PARKING FACILITY DEVELOP- MENT AGREEMENT Whereas, a Development Agreement (the Agreement), dated February 5, 2007, was en- tered into by and between the City of Dubu- que, amunicipal corporation of the State of Iowa (City), and Diamond Jo, LLC (f/k/a DJ Gaming Company, LLC), a Delaware limited liability company (DJ); and Whereas, City and DJ now desire to amend the Development Agreement as set forth attached First Amendment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the First Amendment of the Port of Dubuque Public Parking Facility Devel- opment Agreement is hereby approved. Section 2. That the Mayor is hereby autho- rized and directed to execute said First Amendment on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. That the City Manager is autho- rized to take such actions as are necessary to implement the terms of the First Amendment as herein approved. Passed, approved and adopted this 21St day of May, 2007. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Assistant City Clerk Joint Development Agreement between the Dubuque County Historical Society and the City of Dubuque: City Manager recommending approval of a Joint Development Agreement between the Dubuque County Historical Socie- ty and the City of Dubuque that establishes the manner in which the Society and the City will cooperate with one another successfully to complete the Great Rivers Center and River- Max Theater projects. Motion by Cline to re- Book 137 Regular Session, May 21, 2007 205 ceive and file, to include documents distributed at this meeting and the executed First Amendment to the Agreement, and approve. Seconded by Jones. Jerry Enzler, Executive Director of the Dubuque County Historical So- ciety, 350 E. 3~d Street, thanked Council for allowing the time to fold this into the Vision Iowa Project. A search for state funds would mean a significant match by the City but lead to a grant for the wayfinding signage program. Mr. Enzler urged approval of the agreement. Van Milligen noted that this is contingent on an executed First Amendment to the Agreement. Michalski requested that the two groups meet more frequently than quarterly as noted in the Agreement or included with the Vision Iowa meetings. Motion carried 6-0. Interstate Power/McGraw Hill Parking Lot: City Manager recommending approval of an offer to purchase a parcel of land from Inter- state Power to allow for the construction of the McGraw Hill parking lot including the granting of an easement to Interstate Power as part of the consideration for the transfer and recom- mending approval of a permanent construction easement granted by Interstate Power to allow for the construction of the McGraw Hill parking lot and sanitary storm sewer and an indemnifi- cation agreement between the City and McGraw Hill. Motion by Cline to receive and file the documents and approve. Seconded by Lynch. Motion carried 6-0. performance and payment bonds and to make purchases on behalf of the city as follows: (a) Public improvement contracts for $ 100,000 or less; (b) All purchases of equipment, mate- rials, and supplies; (c) Contracts for services for $ 500,000 or less; (c) Leases for a term of three years or less; (d) Insurance contract renewals. The City Manager shall submit a re- port to the City Council of all such contracts or purchases in excess of $ 100,000, leases and insurance contract renewals at the first regu- larcity council meeting of each month. Section 2. [sic] The City Manager may delegate the authority granted herein provided such delegation is in writing. Passed, approved and adopted this 21St day of May, 2007. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Assistant City Clerk There being no further business, upon mo- tion the Council adjourned at 8:51 p.m. /s/Kevin S. Firnstahl Assistant City Clerk Contract Authority: City Manager recom- mending that his authority to make purchases on behalf of the City be increased to $100,000, per State statute. Motion by Cline to receive and file the documents and adopt Resolution No. 307-07 Authorizing the City Manager to execute contracts and leases on behalf of the City of Dubuque. Seconded by Jones. Motion carried 6-0. RESOLUTION NO. 307-07 AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS AND LEASES ON BEHALF OF THE CITY OF DUBUQUE Whereas, the City Council adopted Resolu- tion No. 183-06 Authorizing The City Manager To Execute Contracts And Leases On Behalf Of The City Of Dubuque; and Whereas, City Council now desires to res- cind Resolution No. 183-06. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Resolution No. 183-06 is rescinded. Section 2. The City Manager shall have the authority to award and execute con- tracts, to authorize work to proceed under contracts, and to approve the contractor's 206 Regular Session, June 4, 2007 Book 137 CITY OF DUBUQUE, IOWA CITY COUNCIL OFFICIAL PROCEEDINGS The Dubuque City Council met in regular session at 6:30 p.m., on June 4, 2007, in the Public Library Auditorium. Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michals- ki, Assistant City Manager Steinhauser; City Attorney Lindahl Absent: City Manager Van Milligen Invocation was provided by Reverend Doc- tor Jim Dotson, Grandview United Methodist Church. PROCLAMATIONS United States Army Week (June 11 - 17, 2007) PRESENTATION Presentation of photograph to the Citizens of Dubuque from the Officers and men of the USS Dubuque LPD8 CONSENT ITEMS Motion by Cline to receive and file the doc- uments including the amended agenda, ap- prove, refer to staff, and adopt resolutions as indicated. Seconded by Braig. Connors re- quested that (#13) Fiscal Year 2008 Arts and Culture Funding Program be held for separate discussion. Cline requested that (#16) Grand- view Pet Park be held for separate discussion. Motion carried 7-0. Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 4/24; City Council of 5/21; Electrical Code Board of 5/14; Enterprise Zone Commission of 5/8; His- toric Preservation Commission of 5/17; Plumb- ing Board of 5/16; Transit Board of 5/14. Upon motion the documents were received and filed. Notice of Claims/Suits: Jwan E. Brookins for vehicle damage; Christy Link for personal injury; Lauren Schrup for vehicle damage. Upon motion the documents were received, filed and referred to the City Attorney. City Attorney advising that the following claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Com- munities Assurance Pool: Jwan Brookins for vehicle damage. Upon motion the documents were received, filed, and concurred. Snow Removal Assessments: City Manag- er recommending approval of the final as- sessment schedule for the 2006 - 2007 Snow Removal and Right-of-Way Obstruction Re- moval Project in the amount of $6,792.59. Upon motion the documents were received and filed, and Resolution No. 308-07 Adopting the final assessment schedule for the Snow Removal Assessment -Right-of-Way Obstruc- tion Removal Assessment Project was adopted. RESOLUTION NO. 308-07 ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE SNOW REMOVAL ASSESSMENT-RIGHT-OF-WAY OBSTRUC- TION 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 4 inclusive, is hereby approved for the Snow Removal Assessment - Right-of-Way Obstruction Removal Assess- ment Project. There is hereby assessed and levied as a special tax against and upon each of the bene- fited 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 im- provements 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 propor- tion 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 no- tice, 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 Treasurer, City Hall, 50 W. 13t" Street, Dubu- que, 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 Book 137 Regular Session, June 4, 2007 207 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 De- cember 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. De- linquent installments will draw the same delin- quent interest as ordinary taxes. Property owners may elect to pay any annual install- ments semi-annually in advance. Passed, approved and adopted this 4t" day of June, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cooperative Traffic Paint and Pavement Markings Agreement: City Manager recom- mending approval of a Traffic Paint and Pavement Markings Agreement between the City of Dubuque and the City of Asbury. Upon motion the documents were received and filed, and Resolution No. 309-07 Approving Traffic Paint and Pavement Markings Agreement be- tween the City of Dubuque and the City of As- bury was adopted. RESOLUTION NO. 309-07 APPROVING TRAFFIC PAINT AND PAVE- MENT MARKINGS AGREEMENT BETWEEN THE CITY OF DUBUQUE AND THE CITY OF ASBURY Whereas, jurisdiction over certain road- ways in Dubuque County is divided down the centerline between City of Dubuque and the City of Asbury; and Whereas, City of Dubuque, Iowa, and City of Asbury, Iowa, agree that painting of pave- ment markings divided down roadway center- lines is not cost efficient or practical; and Whereas, City of Dubuque is willing to per- form traffic paint and pavement marking opera- tions on portions of roadways located in Dubu- que County, specifically, Middle Road, from Radford Road to Seippel Road, and Seippel Road, from Middle Road to Chavenelle Road; and Whereas, City of Asbury is willing to per- form traffic paint and pavement marking opera- tions on portions of roadway located in the City of Dubuque, specifically, Asbury Road, from Seippel Road east to Briarwood Drive and Heacock Road; and Whereas, it is necessary that City of Dubu- que and City of Asbury enter into an agree- ment regarding the traffic paint and pavement markings on these roadways. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council of the City of Dubuque hereby approves and directs the Mayor to sign the attached Traffic Paint and Pavement Markings Agreement with City of Asbury for traffic paint and pavement markings on said roadways. Passed, adopted and approved this 4t" day of June, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Crescent Community Health Center Park- ing Lot: City Manager recommending accep- tance of the Crescent Community Health Cen- ter Parking Lot Project as completed by Port- zen Construction, Inc., in the final contract amount of $127,552.28. Upon motion the doc- uments were received and filed, and Resolu- tion No. 310-07 Accepting the Crescent Com- munity Health Center Parking Lot Project and authorizing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 310-07 ACCEPTING THE CRESCENT COMMUNITY HEALTH CENTER PARKING LOT PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRAC- TOR Whereas, the Public Improvement Contract for the Crescent Community Health Center Parking Lot Project (the Project) has been completed and the City Engineer has ex- amined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Con- tract and that the City Engineer recommends that the Project be accepted; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the Community Health Center appropriation for the contract amount of $127,552.28 less any re- tained percentage provided for therein as pro- vided in Iowa Code Chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code Chapter 573. Passed, approved and adopted this 4t" day of June, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Loras Boulevard Traffic Signalization Project: City Manager recommending accep- tance of the Loras Boulevard Traffic Signaliza- tion Project as completed by Portzen Con- 208 Regular Session, June 4, 2007 Book 137 struction, Inc., in the final contract amount of $289,081.02. Upon motion the documents were received and filed, and Resolution No. 311-07 Accepting the Loras Boulevard Traffic Signalization Project and authorizing the pay- ment of the contract amount to the contractor was adopted. RESOLUTION NO. 311-07 ACCEPTING THE LORAS BOULEVARD TRAFFIC SIGNALIZATION REPLACEMENT PROJECT AND AUTHORIZING THE PAY- MENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Loras Boulevard Traffic Signalization Replacement Project (the Project) has been completed and the City Engineer has ex- amined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Con- tract and that the City Engineer recommends that the Project be accepted; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the Traf- fic Signal Mastarm Retrofit Funds, Traffic Sig- nal Intersection Reconstruction Funds, Traffic Signal Interconnect Conduit Replacement Funds, Downtown Streetlight Replacement Schedule Funds, Curb/Catch Basin Replace- ment Funds, Storm General Funds and City of Dubuque Sidewalk Program Capital Improve- ment Project Funds appropriation for the con- tract amount of $289,081.02 less any retained percentage provided for therein as provided in Iowa Code Chapter 573, and to pay such re- tainage only in accordance with the provisions of Iowa Code Chapter 573. Passed, approved and adopted this 4t" day of June, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk filed, and approved. Shot Tower Archeological Survey - Con- tract Amendment: City Manager recommend- ing approval of an amendment to the contract with Great Lakes Archeological Research Cen- ter for additional services associated with the Shot Tower Archeological Investigation. Upon motion the documents were received, filed, and approved. National League of Cities Application for Technical Assistance: City Manager recom- mending approval to respond to a request for proposals for NLC technical assistance in sup- port of youth leadership development activi- ties. Upon motion the documents were re- ceived, filed, and approved. Municipal Housing Agency Governing Board: City Manager transmitting information about the Municipal Housing Agency Govern- ing Board and the 2006 HUD Appropriation Act which has eliminated the need for the board and advising that the Housing Commission has decided to continue with the board. Upon motion the documents were received and filed. Washington Neighborhood Visioning Con- sultant: City Manager recommending approval of the selection of MSA Professionals to con- duct the Washington Neighborhood visioning process in the amount of $10,292. Upon mo- tion the documents were received, filed, and approved. Fiscal Year 2008 Arts and Culture Funding Program: Arts and Culture Affairs Advisory Commission recommending approval of ele- ven Fiscal Year 2008 Arts and Culture Operat- ing Support funding requests and authorization for the City Manager to sign the funding agreements. Motion by Connors to receive and file the documents and approve. Seconded by Michalski. Connors expressed concern over changing the grant cap from 50% to 40%, but will rely on the judgment of the Commission. Motion carried 7-0. 2411 Central -Request to Demolish: His- toric Preservation Commission recommending approval of a request from Lynn and Amy Schmitz to demolish the condemned building located at 2411 Central Avenue. Upon motion the documents were received, filed, and ap- proved. Millworking Historic District Nomination: City Manager recommending approval of the selection of History Pays! to prepare the Na- tional Register of Historic Places nomination for the proposed Millworking Historic District. Upon motion the documents were received, Fiscal Year 2008 Special Projects Arts and Culture Grants: Arts and Cultural Affairs Advi- sory Commission recommending approval of the Fiscal Year 2008 Arts and Culture Grants for Special Projects and authorization for the City Manager to sign the grant agreements. Upon motion the documents were received, filed, and approved. Government Finance Officers Association - Certificate of Achievement: City Manager advising that the City has received the Gov- ernment Finance Officers Association Certifi- cate of Achievement for Excellence in Finan- Book 137 Regular Session, June 4, 2007 209 cial Reporting for the Comprehensive Annual Financial Report for the nineteenth consecu- tive year. Upon motion the documents were received and filed. Grandview Avenue Pet Park: Communica- tion from Dave Kelley, 3249 Bittersweet Lane, in support of the Grandview Avenue Pet Park. Motion by Cline to receive and file the docu- ments. Seconded by Lynch. Cline stated that no decision has been made to close the park and various options are being considered. Braig said that closing at 8 p.m. is during high- use hours. She also stated that the park is not being closed, but the hours had been changed. Motion carried 7-0. 4. By Resolution No. 250-07, Public Im- provement Contract for the Third Floor Office Expansion Project to Klauer Development Corporation; and Whereas, the Contractors have submitted the attached executed Public Improvement Contracts and Bonds. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The Public Improvement Contracts and Bonds attached hereto are hereby approved. Passed, approved and adopted this 4t" day of June, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Sidewalks on John F. Kennedy Road: Communication from Ann Cook, 1590 Kane Street, in support of the installation of side- walks along John F. Kennedy Road. Upon motion the documents were received and filed. Traffic Light Synchronization on Locust Street: Communication from Karl Stieglitz, 533 Lowell Street, regarding removal of the syn- chronization of lights on Locust Street. Upon motion the documents were received, filed, and referred to the City Manager Cell Phone Contract: City Manager re- commending approval of the selection of ComElec-US Cellular for the City's basic cellu- lar phone service. Upon motion the documents were received, filed, and approved. Improvement Contracts / Performance, Payment and Maintenance Bonds: Upon mo- tion the documents were received and filed, and Resolution No. 312-07 Approving public improvement contracts and bonds: City Hall Parking Lot Reconstruction Project 2007, As- phalt Paving Project, Downtown Streetlight and Traffic Signalization Pole Painting Project, Third Floor Office Expansion Project was adopted. RESOLUTION NO. 312-07 APPROVING PUBLIC IMPROVEMENT CONTRACTS AND BONDS Whereas, the City Council has awarded the following public improvement contracts: 1. By Resolution No. 247-07, Public Im- provement Contract for the City Hall Parking Lot Reconstruction Project to Portzen Con- struction, Inc.; and 2. By Resolution No. 248-07, Public Im- provement Contract for the 2007 Asphalt Pav- ing Project to River City Paving; and 3. By Resolution No. 249-07, Public Im- provement Contract for the Downtown Street- light and Traffic Signalization ole Painting Project to Alan Jackson Tuckpointing, Inc.; and Liquor License Transfer: Request of the Rotary Club of Dubuque to transfer their liquor license to A.Y. McDonald Park on June 13, 2007. Upon motion the documents were re- ceived, filed, and approved. Business Licenses: City Manager recom- mending approval of annual liquor license re- newals as submitted. Upon motion the docu- ments were received and filed, and Resolution No. 313-07 Granting the issuance of a Class "B" Liquor License to Days Inn/Spirits Bar and Grill; Special Class "C" Liquor License (5-Day Special Event) to Dubuque Jaycees and Du- buque Family Restaurant; Class "C" Beer/Liquor License to Kalmes Breaktime (1- Day Outdoor Service); Class "B" Wine Permit to Ooh La La; and Class "WBN" Native Wine Permit to Dubuque American Lady; and Reso- lution No. 314-07 Granting the issuance of Class "B" Beer Permit to Catfish Festival; and Class "C" Beer Permit to McCann's Service, Inc., were adopted. RESOLUTION NO. 313-07 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been ex- amined 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 Dubuque Catfish Festival Inc., Catfish Fes- tival +(Sunday/Outdoor Sale), McDonald Park CLASS "C" BEER PERMIT McCann's Service Inc., McCann's Service Inc+(Sunday Sale), 690 W. Locust St. Passed, approved and adopted this 4t" day 210 Regular Session, June 4, 2007 Book 137 of June, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 314-07 Whereas, applications for Liquor Licenses have been submitted to this Council for ap- proval 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 Ordin- ances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS "B" LIQUOR LICENSE RonSan Enterprises, Inc., Days Inn/Spirits Bar & Grill+(Sunday/Outdoor Sale), 1111 Dodge SPECIAL CLASS "C" LIQUOR (5-DAY SPECIAL EVENT) Dubuque Jaycees, Dubuque Jaycees, Town Clock Pacr LTD, Dubuque Family Restaurant., 1075 Rockdale Road CLASS "B" WINE Creative Touch Gallery Inc., Ooh La La, 3460 Hillcrest Road CLASS "WBN" NATIVE WINE Dubuque American Lady L.L.C, Dubuque American Lady, 1630 E. 16t" Street Passed, approved and adopted this 4th day of June, 2007. 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, set the public hearings as speci- fied, and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Connors. Motion carried 7-0. York and Curtis Street Storm Sewer Im- provement Project: City Manager recommend- ing initiation of the public bidding process for the York and Curtis Street Storm Sewer Im- provement Project and that a public hearing on the plans and specifications, form of contract, and estimated cost be set for June 18, 2007. Upon motion the documents were received and filed and Resolution No. 315-07 Prelimi- nary approval of plans and specifications, form of contract, and estimated cost for the York and Curtis Street Storm Sewer Improvement Project; Resolution No. 316-07 Setting date of hearing on plans and specifications, form of contract, and estimated cost for the York and Curtis Street Storm Sewer Improvement Project: and Resolution No. 317-07 Ordering the advertisement for bids for the York and Curtis Street Storm Sewer Improvement Project were adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 18, 2007, in the Public Library audito- rium. RESOLUTION NO. 315-07 PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE YORK AND CURTIS STORM SEWER IMPROVE- MENTS 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 York and Curtis Storm Sewer Improvements Project, in the estimated amount $59,117.60, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 4t" day of June, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 316-07 FIXING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATED COST FOR THE YORK AND CURTIS STORM SEWER IM- PROVEMENTS PROJECT Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary ap- proval to the proposed plans, specifications, form of contract, and estimated cost for the York and Curtis Storm Sewer Improvements Project (the Project) and ordered the same to be on file in the office of the City Clerk for pub- lic inspection. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a public hearing will be held on the 18t" day of June, 2007, at 6:30 p.m. in the Public Library Auditorium at which time inter- ested 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 Book 137 Regular Session, June 4, 2007 211 plans, specifications, form of contract, or esti- mated cost of the Project. Passed, adopted and approved this 4t" day of June, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 317-07 ORDERING THE ADVERTISEMENT FOR BIDS FOR THE YORK AND CURTIS STORM SEWER IMPROVEMENTS PROJECT NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the York and Curtis Storm Sewer Im- provements Project is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that 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. That 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 more than twenty days but not more than forty-five days before the date for filing bids at 2:00 p.m. on the 28t" day of June, 2007. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Cit~r Council for final action at 6:30 p.m. on the 16t day of July, 2007, in the Public Library Auditorium, 360 West 11t" Street, Dubuque, Iowa. Passed, adopted and approved this 4t" day of June, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Star Brewery Drive Construction Project: City Manager recommending initiation of the public bidding process for the Star Brewery Drive Construction Project and that a public hearing on the plans and specifications, form of contract, and estimated cost be set for June 18, 2007. Upon motion the documents were received and filed, and Resolution No. 318-07 Preliminary approval of plans and specifica- tions, form of contract, and estimated cost for the Star Brewery Drive Construction Project; Resolution No. 319-07 Setting date of hearing on plans and specifications, form of contract, and estimated cost for the Star Brewery Drive Construction Project; and Resolution No. 320- 07 Ordering the advertisement for bids for the Star Brewery Construction Project were adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 18, 2007, in the Public Library Auditorium. RESOLUTION NO. 318-07 PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE STAR BREWERY DRIVE CONSTRUCTION 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 Star Brewery Drive Construction Project, in the estimated amount $646,140, are hereby preli- minarily approved and ordered filed in the of- fice of the City Clerk for public inspection. Passed, adopted and approved this 4t" day of June, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 319-07 FIXING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATED COST FOR THE STAR BREWERY DRIVE CONSTRUCTION PROJECT Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary ap- proval to the proposed plans, specifications, form of contract, and estimated cost for the Star Brewery Drive Construction Project (the Project) and ordered the same to be on file in the office of the City Clerk for public inspec- tion. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a public hearing will be held on the 18t" day of June, 2007, at 6:30 p.m. in the Public Library Auditorium at which time inter- ested 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 esti- mated cost of the Project. Passed, adopted and approved this 4t" day of June, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 320-07 ORDERING THE ADVERTISEMENT FOR BIDS FOR THE STAR BREWERY DRIVE CONSTRUCTION PROJECT 212 Regular Session, June 4, 2007 Book 137 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the Star Brewery Drive Construction Project is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that 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. That 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 more than twenty days but not more than forty-five days before the date for filing bids at 2:00 p.m. on the 3~d day of July, 2007. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Cit~r Council for final action at 6:30 p.m. on the 16t day of July, 2007, in the Public Library Auditorium, 360 West 11t" Street, Dubuque, Iowa. Passed, adopted and approved this 4t" day of June, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Port of Dubuque Parking Ramp -Urban Renewal Tax Increment Revenue Bonds: City Manager recommending that a public hearing be re-set for June 18, 2007, to consider the sale of not to exceed $25,000,000 Urban Re- newal Tax Increment Revenue Bonds. Upon motion the documents were received and filed, and Resolution No. 321-07 Fixing date for a hearing on the proposition of the issuance of not to exceed $25,000,000 Urban Renewal Tax Increment Revenue Bonds, of Dubuque, Iowa, and providing for publication of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 18, 2007, in the Public Library Audito- rium. RESOLUTION NO. 321-07 RESOLUTION FIXING DATE FORA MEET- ING ON THE PROPOSITION OF THE IS- SUANCE OF NOT TO EXCEED $25,000,000 URBAN RENEWAL TAX INCREMENT REV- ENUE BONDS, OF DUBUQUE, IOWA, AND PROVIDING FOR PUBLICATION OF NO- TICE THEREOF (Replacing Resolution No. 293-07 adopted on May, 21, 2007.) WHEREAS, it is deemed necessary and advisable that the City of Dubuque, Iowa, should issue Urban Renewal Tax Increment Revenue Bonds to the amount of not to ex- ceed $25,000,000, 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 the Urban Renewal Tax Increment Revenue Bonds may be issued, and it is therefore ne- cessary 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 writ- ten objections from any resident or property owner of the 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 Auditorium, Carnegie-Stout Public Library, Dubuque, Iowa, at 6:30 o'clock P. M., on the 18th day of June 2007, for the purpose of taking action on the matter of the issuance of not to exceed $25,000,000 Urban Renewal Tax Increment Revenue Bonds, 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 ac- tivities under the authority of Chapter 403 of the Code of Iowa and the Amended and Res- tated Urban Renewal Plan for the Greater Downtown Urban Renewal Project Area, in- cluding those costs associated with: (i) the construction of a multi-level public parking ramp facility in the Port of Dubuque, pursuant to the Port of Du- buque Public Parking Facility Devel- opment Agreement dated February 5, 2007 between the City of Dubuque, Iowa and Diamond Jo, LLC.; (ii) the funding of a debt service reserve fund and a capitalized interest fund for the Bonds; and (iii) the payment of costs associated with the issuance of the Bonds. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of the foregoing meeting and public hearing, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in the City. The publication shall be not less than four clear days nor more than twenty days before the date of public meeting on the issuance of said obligations. Section 3. The notice of the proposed ac- tion to issue the Urban Renewal Tax Incre- ment Revenue Bonds shall be in substantially the [required] form. Passed and approved this 4th day of June, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Book 137 Regular Session, June 4, 2007 213 Release and Acceptance of Sanitary Sew- er Easement -Raven Oaks: City Manager recommending that a public hearing be set for June 18, 2007 to consider vacating and relo- cating aportion of an existing sanitary sewer easement and to vacate a utility easement in Lot 4 of Raven Oaks No. 2 and Lots 1 and 2 of Raven Oaks Place. Upon motion the docu- ments were received and filed, and Resolution No. 322-07 Resolution of intent to dispose of interest and release a portion of an existing 20-foot wide sanitary sewer easement, a 25- foot access and utility easement, and a 5-foot utility easement on Lot 4 of Raven Oaks No. 2 and Lots 1 and 2 of Raven Oaks Place in the City of Dubuque, Iowa, was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 18, 2007, in the Public Li- brary Auditorium. RESOLUTION NO. 322-07 RESOLUTION OF INTENT TO DISPOSE OF INTEREST AND RELEASE A PORTION OF AN EXISTING 20-FOOT WIDE SANITARY SEWER EASEMENT, A 25-FOOT ACCESS AND UTILITY EASEMENT, AND A 5-FOOT UTILITY EASEMENT ON LOT 4 OF RAVEN OAKS NO. 2 AND LOTS 1 AND 2 OF RAVEN OAKS PLACE IN THE CITY OF DUBUQUE, IOWA Whereas, Kluck Partnership is the current owner of Lot 4 of Raven Oaks No. 2 and Lots 1 and 2 of Raven Oaks Place in the City of Dubuque, Iowa; and Whereas, a 20-foot wide sanitary sewer easement, a 25-foot access and utility ease- ment, and a 5-foot utility easement are current- ly platted on said lots; and Whereas, Kluck Partnership has petitioned to vacate an unused portion of said easements in said lots. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa, intends to dispose of its interest and release of an unused portion of an existing 20-foot wide sanitary sewer easement, a 25-foot access and utility easement, and a 5-foot utility ease- ment on Lot 4 of Raven Oaks No. 2 and Lots 1 and 2 of Raven Oaks Place in the City of Du- buque, Iowa. Section 2. That the City Clerk be and is he- reby authorized and directed to cause a notice to be published as prescribed under Section 364.7 Code of Iowa. Passed, approved and adopted this 4t" day of June, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding their application. No one spoke. Park and Recreation Commission: Three 3-year terms through June 30, 2010 (Terms of Lyness, Harjehausen, and Hoff- man). Applicants: Karen Lyness, Paul Hoff- man, Gary Harjehausen; TV Cable Regulatory Commission: Two 3-year expired terms through June 30, 2010 (Terms of Pratt and Stevens). Applicant: Kevin Stevens PUBLIC HEARINGS Upon motion the rules were suspended al- lowing anyone to address the City Council. Vacate of Kerper Boulevard Property: Proof of publication on notice of hearing to consider a request from Union-Hoermann Press to vacate a portion of Kerper Boulevard that abuts the existing Union-Hoermann facility at 2175 Kerper Boulevard and City Manager recommending approval. Motion by Cline to receive and file the documents and adopt Resolution No. 323-07 Approving plat of pro- posed vacated portion of Kerper Boulevard in Block 19 of River Front Subdivision No. 3; Resolution No. 324-07 Vacating a portion of Kerper Boulevard in Block 19 of River Front Subdivision No. 3; and Resolution No. 325-07 Disposing of City interest in Lot 1A, Block 19, River Front Subdivision No. 3 in the City of Dubuque, Dubuque County, Iowa. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 323-07 RESOLUTION APPROVING PLAT OF PRO- POSED VACATED PORTION OF KERPER BOULEVARD IN BLOCK 19 OF RIVER FRONT SUBDIVISION NO. 3 Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated the 19t" day of April, 2007, prepared by IIW Engineers & Surveyors, PC, describing the proposed vacated portion of Kerper Boule- vard in Block 19 of River Front Subdivision No. 3 to be known as Lot 1A, Block 19, River Front Subdivision No. 3 in the City of Dubuque, Du- buque County, Iowa; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated the 19t" day of April, 2007, prepared by IIW Engineers & Surveyors, PC, relative to the real estate he- reinabove described be and the same is here- by approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City 214 Regular Session, June 4, 2007 Book 137 of Dubuque, Iowa. Section 2. That the City Clerk be and is he- reby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 4t" day of June, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 324-07 RESOLUTION VACATING A PORTION OF KERPER BOULEVARD IN BLOCK 19 OF RIVER FRONT SUBDIVISION NO. 3 Whereas, Union-Hoermann Press, Inc. (Union-Hoermann) has requested the vacating of a portion of Kerper Boulevard in Block 19 of River Front Subdivision No. 3; and Whereas, IIW Engineers & Surveyors, PC has prepared and submitted to the City Coun- cil aplat showing the vacated portion of Kerper Boulevard in Block 19 of River Front Subdivi- sion No. 3 and assigned lot number thereto, which hereinafter shall be known and de- scribed as Lot 1A, Block 19, River Front Sub- division No. 3 in the City of Dubuque, Dubuque County, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that a portion of Kerper Boulevard in Block 19 of River Front Subdivision No. 3 is no longer required for public use, except for reserving the utility easements as noted, and vacating of said por- tion of Kerper Boulevard in Block 19 of River Front Subdivision No. 3 known as Lot 1A, Block 19, River Front Subdivision No. 3 in the City of Dubuque, Dubuque County, Iowa should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lot 1A, Block 19, River Front Subdivision No. 3 in the City of Dubuque, Iowa, be and the same is hereby vacated. Passed, approved and adopted this 4t" day of June, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk the Public Library Auditorium, 360 West 11 Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real es- tate described as Lot 1A, Block 19, River Front Subdivision No. 3 in the City of Dubuque, Du- buque County, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objec- tions, oral or written to the proposal to sell such real estate, except for easement as noted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the sale of City of Dubuque real property described as Lot 1A, Block 19, River Front Subdivision No. 3 in the City of Dubuque, Dubuque County, Iowa, to Union- Hoermann Press, Inc. be and the same is he- reby approved for the sum of $8,839.00 plus the costs of surveying, platting, publication, and filing fees. Conveyance shall be by Quit Claim Deed. Section 2. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of con- veyance to Union-Hoermann Press, Inc. upon receipt of the purchase price in full. Section 3. That the City Clerk be and is he- reby authorized and directed to record a certi- fied copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 4t" day of June, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Interstate Power Company -Permanent Easement: Proof of publication on notice of hearing to consider approval of granting a permanent easement to Interstate Power Company in the Port of Dubuque and City Manager recommending approval. Motion by Cline to receive and file the documents and adopt Resolution No. 326-07 Disposing of an interest in real property by easement to Inter- state Power and Light Company. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 325-07 RESOLUTION DISPOSING OF CITY INTER- EST IN LOT 1A, BLOCK 19, RIVER FRONT SUBDIVISION NO. 3 IN THE CITY OF DU- BUQUE, DUBUQUE COUNTY, IOWA Whereas, pursuant to resolution and pub- lished notice of time and place of hearing, pub- lished in the Telegraph Herald, a newspaper of general circulation published in the City of Du- buque, Iowa on this 25t" day of May, 2007, the City Council of the City of Dubuque, Iowa met on the 4t" day of June, 2007, at 6:30 p.m. in RESOLUTION NO. 326-07 DISPOSING OF AN INTEREST IN REAL PROPERTY BY EASEMENT TO INTER- STATE POWER AND LIGHT COMPANY WHEREAS, the City of Dubuque, Iowa (City) is the owner of real property in the Port of Dubu- queshown on "Alliant Easement Exhibits A-1, A- 2, A-3, A-4, and A-5" attached hereto (the Prop- erty); and WHEREAS, City and Interstate Power and Light Company (Interstate) have entered into an Agreement pursuant to which City will grant the Book 137 Regular Session, June 4, 2007 215 Underground Electric Line Easement (the Easement) attached hereto on the Property to Interstate; and WHEREAS, on June 4, 2007, the City Council pursuant to notice published as required by law held a public hearing on its intent to dis- pose of the foregoing interest in the Property and overruled all objections thereto; and WHEREAS, the City Council finds that it is in the best interest of the City to approve the dis- position of such interest in the Property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The City Council of the City of Dubuque approves the disposition of the City's interest in the foregoing-described Property by Easement to Interstate Power and Light Com- pany. Section 2. The Mayor is hereby authorized and directed to sign this Resolution and the Easement. Passed, approved and adopted this 4t" day of June, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Ice Harbor Transient Boat Dock Project: Proof of publication on notice of hearing to consider the plans and specifications, form of contract, and estimated cost for the Ice Harbor Transient Boat Dock Project and City Manager recommending approval and further recom- mending that the date for the receipt of bids be revised to June 21, 2007. Motion by Cline to receive and file the documents and adopt Resolution No. 327-07 Approving plans and specifications, form of contract, and estimated cost for the Ice Harbor Transient Boat Dock Project; and Resolution No. 328-07 Ordering the re-advertisement for bids for the Ice Harbor Transient Boat Dock Project. Seconded by Michalski. Motion carried 7-0. RESOLUTION NO. 328-07 ORDERING THE RE-ADVERTISEMENT FOR BIDS FOR THE PORT OF DUBUQUE -ICE HARBOR TRANSIENT BOAT DOCK FACIL- ITY PROJECT Whereas, by Resolution No. 282-07, the City Council ordered the advertisement for bids for the Port of Dubuque-Ice Harbor Tran- sient Boat Dock Facility (the Pro~ect) and fixed the date for filing bids as the 14" day of June 2007; and Whereas, the City Council believes it is in the public interest to extend the date for filing bids to the 21St day of June, 2007. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the Port of Dubuque-Ice Harbor Tran- sient Boat Dock Facility is hereby ordered to be re-advertised for bids for construction. BE IT FURTHER RESOLVED, that 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. That the City Clerk is hereby directed to re- 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 more than twenty days but not more than forty-five days before the date for filing bids before 2:00 p.m. on the 21St day of June, 2007. Bids shall be opened and read by the City Clerk at said time and will be submit- ted to the City Council for final action at 6:30 p.m. on the 2nd day of July, 2007, in the Public Library Auditorium, 360 West 11t" Street, Du- buque, Iowa. Passed, adopted and approved this 4t" day of June, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 327-07 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE PORT OF DUBUQUE -ICE HARBOR TRANSIENT BOAT DOCK FACIL- ITY 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 Port of Dubuque -Ice Harbor Transient Boat Dock Facility Project, in the estimated amount $512,175.00, are hereby approved. Passed, adopted and approved this 4t" day of June, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Decorative Concrete Repair and Mainten- ance Project: Proof of publication on notice of hearing to consider the plans and specifica- tions, form of contract, and estimated cost for the Decorative Concrete Repair and Mainten- ance Project and City Manager recommending approval and further recommending that the date for the receipt of bids be revised to June 21, 2007. Motion by Cline to receive and file the documents and adopt Resolution No. 329- 07 Approving plans and specifications, form of contract, and estimated cost for the Decorative Concrete Repair and Maintenance Project; and Resolution No. 330-07 Ordering the re- advertisement for bids for the Decorative Con- crete Repair and Maintenance Project. Seconded by Jones. Motion carried 7-0. 216 Regular Session, June 4, 2007 Book 137 RESOLUTION NO. 329-07 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE DECORATIVE CONCRETE REPAIR AND MAINTENANCE 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 Decorative Concrete Repair and Maintenance Project, in the estimated amount $255,310.00, are hereby approved. Passed, adopted and approved this 4t" day of June, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 330-07 ORDERING THE RE-ADVERTISEMENT FOR BIDS FOR THE DECORATIVE CONCRETE REPAIR AND MAINTENANCE PROJECT Whereas, by Resolution No. 285-07, the City Council ordered the advertisement for bids for the Decorative Concrete Repair and Maintenance Project (the Project) and fixed the date for filing bids as the 14t" day of June 2007; and Whereas, the City Council believes it is in the public interest to extend the date for filing bids to the 21St day of June, 2007. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the Decorative Concrete Repair and Maintenance Project is hereby ordered to be re-advertised for bids for construction. BE IT FURTHER RESOLVED, that 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. That the City Clerk is hereby directed to re- 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 more than twenty days but not more than forty-five days before the date for filing bids before 2:00 p.m. on the 21St day of June, 2007. Bids shall be opened and read by the City Clerk at said time and will be submit- ted to the City Council for final action at 6:30 p.m. on the 2nd day of July, 2007, in the Public Library Auditorium, 360 West 11t" Street, Du- buque, Iowa. Passed, adopted and approved this 4t" day of June, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Third Street Overpass Lighting Project: Proof of publication on notice of hearing to consider the plans and specifications, form of contract, and estimated cost for the Third Street Overpass Lighting Project and City Manager recommending approval. Motion by Cline to receive and file the documents and adopt Resolution No. 331-07 Approving plans and specifications, form of contract, and esti- mated cost for the Third Street Overpass Lighting Project. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 331-07 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE THIRD STREET OVER- PASS LIGHT REPLACEMENT 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 Third Street Overpass Light Replacement Project, in the estimated amount $31,625.00, are hereby approved. Passed, adopted and approved this 4t" day of June, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Pedestrian Wayfinding Sign System De- sign: Proof of publication on notice of hearing to consider the plans and specifications, form of contract, and estimated cost for the Pede- strian Wayfinding Sign System Design Project and City Manager recommending approval. Motion by Cline to receive and file the docu- ments and adopt Resolution No. 332-07 Ap- proving plans and specifications, form of con- tract, and estimated cost for the Pedestrian Wayfinding Sign System. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 332-07 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE PEDESTRIAN WAYFIND- ING SIGN SYSTEM 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 Pedestrian Wayfinding Sign System, in the estimated amount $99,300, are hereby ap- proved. Passed, adopted and approved this 4t" day of June, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Upon motion the rules were reinstated li- miting discussion to the City Council. Book 137 Regular Session, June 4, 2007 217 ACTION ITEMS Citizen Request: Communication from Bet- ty Leibfried, 888 Barbaralee, and Veronica Bender, 895 Barbaralee, requesting to address the City Council regarding the storm retention basin behind their homes on Barbaralee Drive. Motion by Cline to receive and file the docu- ments and refer to City Manager for progress report at the July 16, 2007, City Council meet- ing and a report on other retention basins in six weeks. Seconded by Lynch. Braig asked if contractors have any responsibility in newer subdivisions. City Engineer Psihoyos reported that contractors are responsible until City ac- ceptance. Engineering is in the process of compiling a master plan on all basins. He con- curred that the Barbaralee basin is unaccepta- ble and needs much attention. He stated it will be repaired within 30 days. Motion carried 7-0. Purchase of Property - 1126 White Street: City Manager recommending approval of the purchase of a vacant building located at 1126 White Street from the Dubuque Community School Board as part of the Washington Neighborhood revitalization effort. Motion by Cline to receive and file the documents and approve. Seconded by Lynch. Jones com- mented that this is a good project. Motion car- ried 7-0. University Avenue Reconstruction Project: City Manager submitting a response to the communication from Dean Rampson regarding the University Avenue Reconstruction Project. Motion by Michalski to receive and file the documents and concur with staff. Seconded by Connors. Connors said that Mr. Rampson had been given the opportunity to file for financial assistance. Motion carried 7-0. Final Plat -Asbury Plaza Business Park: City Manager recommending approval of a 180 day extension and re-approval of the final plat of Asbury Plaza Business Park as re- quested by Wendell Corey, Motor City, LLC. Motion by Michalski to receive and file the documents and adopt Resolution No. 333-07 Re-approving the final plat of Asbury Plaza Business Park First Addition in the City of Du- buque, Iowa. Seconded by Lynch. Motion car- ried 7-0. RESOLUTION NO. 333-07 RESOLUTION RE-APPROVING THE FINAL PLAT OF ASBURY PLAZA BUSINESS PARK FIRST ADDITION IN THE CITY OF DUBUQUE, IOWA. Whereas, there has been filed with the City Clerk a Final Plat of Asbury Plaza Business Park First Addition; and Whereas, upon said final plat appear streets to be known as Plaza Drive (Lot A), North Plaza Loop (Lot E), Plaza Court (Lot F) and Plaza Court (Lot G); and Whereas, the conceptual plan/preliminary plat has been examined by the Zoning Advi- sory Commission and had its approval en- dorsed thereon; and Whereas, said final plat has been reviewed by the City Planner and had her approval en- dorsed thereon, subject to the owners agree- ing to the conditions noted in Section 2 and 3 below; and Whereas, said final plat has been ex- amined by the City Council and they find that it conforms to the statutes and ordinances relat- ing to it, except that no streets or public utilities have yet been constructed or installed. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Resolution No. 400-06 is hereby rescinded. Section 2. That the dedication of Plaza Drive (Lot A), North Plaza Loop (Lot E), Plaza Court (Lot F) and Plaza Court (Lot G), together with the easements for public utilities, sanitary sewer, storm sewer and water mains as they appear upon said final plat, be and the same are hereby accepted; and Section 3. That the Final Plat of Asbury Plaza Business Park First Addition 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 reduce Plaza Drive (Lot A), North Plaza Loop (Lot E), Plaza Court (Lot F), and Plaza Court (Lot G) to grade and to construct con- crete curb and gutter and to hard surface with asphaltic concrete, or with concrete paving with integral curb, all in accordance with the City of Dubuque standard specifica- tions, all in a manner acceptable to the City Engineer, in conformance with construction improvement plans approved by the City Engi- neer, and inspected by the City Engineer; (b) To install sanitary sewer mains and sewer service laterals into each in- dividual lot, water mains and water service laterals into each individual lot, storm sewers and catch basins, boulevard street lighting and ero- sion control devices all in accor- dance with the City of Dubuque standard specifications, all in a manner acceptable to the City En- gineer, and in accordance with 218 Regular Session, June 4, 2007 Book 137 construction improvement plans approved by the City Engineer, and inspected by the City Engineer; (c) To construct a private storm water detention facility (Lot B) in a man- ner acceptable to the City Engi- neer, in accordance with the City of Dubuque standard specifications approved by the City Engineer, and inspected by the City Engineer. No building permit shall be issued until the detention basin is functional or with the written consent of the City Engineer; (d) To install sidewalks along all public streets in accordance with the typi- cal cross section and improvement plans approved by the City Engi- neer; (e) To construct said improvements, prior to two (2) years from the date of acceptance of this resolution, at the sole expense of the owners, or future owner; (f) To maintain the public improve- ments, for a period of two (2) years from the date of the acceptance of those improvements by the City of Dubuque, Iowa, at the sole ex- pense of the owners, or future owner; And, further provided that said Motor City LLC; Projects Plus Ltd., as owners of said property, shall secure the performance of the foregoing conditions provided in this Section by providing guarantees in such form and with such sureties as may be acceptable to the City Manager of the City of Dubuque, Iowa. Section 4.That the final acceptance of all public improvements shall occur upon certifica- tion of the City Engineer to the City Council that al public improvements have been com- pleted in accordance with the improvement plans and City standard specifications and accepted by City Council Resolution. Section 5. That in the event Motor City, LLC.; Projects Plus, Ltd. fails to execute the acceptance and furnish the guarantees pro- vided in Sections 3 and 4 hereof within 180 days after the date of this Resolution, the pro- visions hereof shall be null and void and the acceptance of the dedication and approval the plat shall not be effective. Passed, approved and adopted this 4t" day of June 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 409 Burch Street (Tabled from December 18, 2006 City Council Meeting): City Manager recommending that City Attorney Barry Lindahl be directed to restart the property acquisition process for the residence located at 409 Burch Street. Motion by Michalski to remove from table. Seconded by Connors. Motion carried 7- 0. Motion by Michalski to receive and file and concur with staff pending information provided by City Attorney Lindahl. Seconded by Con- nors. Connors said that the City has been more than patient on this issue. Jones said that it is time to take a stand. Buol said that Mr. White has been give too many extensions, other residents are being hurt, and it is time to act. Michalski cautioned that other long-term renovation projects may fall into this category. The City must be willing to follow this direction with other areas and residences. She recom- mended moving forward and holding a hearing to decide whether to continue with the acquisi- tion process. Lindahl reviewed the condemna- tion process stating that the City must "hold a hearing on whether it [the property] is a public nuisance." He also said that the hearing would be a quasi judicial due process hearing and not a public hearing. Motion carried 7-0. US 20 (Devon Drive to Menards) Capacity Improvements -Phase II Project: City Manag- er recommending award of the contract for the US 20 (Devon Drive to Menards) Capacity Improvements -Phase II Project to Voltmer, Inc., in the amount of $268,740. Motion by Connors to receive and file the documents and adopt Resolution No. 334-07 Awarding public improvement contract for the US 20 (Devon Drive to Menards) Capacity Improvement Project -Phase II, Traffic Signal and Intelligent Transportation System Improvements (STP-A- 020-9(187) - 22-31). Seconded by Cline. Mo- tion carried 7-0. RESOLUTION NO. 334-07 AWARDING PUBLIC IMPROVEMENT CON- TRACT FOR THE US 20 (DEVON DRIVE TO MENARDS) CAPACITY IMPROVEMENTS PROJECT -PHASE II, TRAFFIC SIGNAL AND INTELLIGENT TRANSPORTATION SYSTEM IMPROVEMENTS (STP-A-020- 9(187)--22-31) Whereas, sealed proposals have been submitted by contractors for the US 20 (Devon Drive to Menards) Capacity Improvements Project -Phase II, Traffic Signal and Intelligent Transportation System Improvements (STP-A- 020-9(187)--22-31) (the Project) pursuant to Resolution No. 226-07 and Notice to Bidders published in a newspaper published in the City of Dubuque, Iowa on the 20t" day of April, 2007. Whereas, said sealed proposals were opened and read by the Iowa Department of Transportation on the 15t" day of May, 2007 and it has been determined that Voltmer, Inc. of Decorah, Iowa, with a bid in the amount of $268,740.00, is the lowest responsive, re- sponsible bidder for the Project. Book 137 Regular Session, June 4, 2007 219 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 Voltmer, Inc., subject to the concurrence by Iowa Depart- ment of Transportation (Iowa DOT), and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. Passed, approved and adopted this 4t" day of June, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk COUNCIL MEMBER REPORTS Lynch reported that he and Council Mem- ber Michalski will be participating in the All America City award competition this week and thanked Assistant City Manager Steinhauser for her work in facilitating the presentation. Jones reported that he spent time with the third-grade students at Table Mound Elemen- tary School regarding their Metropolitan Agen- cy "Green Vision" award. Buol congratulated Jones on being in- ducted into the Hall of Fame and reminded citizens that this weekend is the America's River Festival. There being no further business, upon mo- tion the City Council adjourned at 7:36 p.m. /s/ Jeanne F. Schneider, CMC City Clerk 220 Special and Regular Sessions, June 18, 2007 Book 137 CITY OF DUBUQUE, IOWA CITY OF DUBUQUE, IOWA CITY COUNCIL CITY COUNCIL OFFICIAL OFFICIAL PROCEEDINGS PROCEEDINGS The Dubuque City Council met in special session at 5:30 p.m. on June 18, 2007, in the Public Library Auditorium regarding pending litigation and property acquisition pursuant to Chapter 21.5(1)(c)(j) 2007 Code of Iowa Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michals- ki, City Manager Van Milligen; City Attorney Lindahl Upon motion and having given staff proper direction, City Council adjourned special ses- sion at 6:28 p.m. The Dubuque City Council met in regular session at 6:30 p.m. on June 18, 2007, in the Public Library Auditorium. Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michals- ki. City Manager Van Milligen; City Attorney Lindahl INVOCATION Invocation was provided by Sr. Paula Ma- loy, SVM PROCLAMATION Ireland Visitors Proclamation was accepted by Alan Garfield, 2378 Beacon Hill, and the Carlin family of County Donegal, Ireland. PRESENTATION Fire Chief Dan Brown presented Assistant Fire Chief Rick Steines with the National Fire Academy's Executive Fire Officer Certificate from the Department of Homeland Security CONSENT ITEMS Motion by Cline to receive and file the doc- uments and dispose of as indicated. Second by Jones. Michalski requested (#22) United States Conference of Mayors be held for sepa- rate discussion. Motion carried 7-0. Minutes and Reports Submitted: Cable TV Teleprogramming Commission of 5/1; City Council of 6/4; Electrical Code Board of 5/29; Housing Commission of 5/22 and Special Meeting of 5/29; Human Rights Commission of 5/14; Park and Recreation Commission of 5/8; Zoning Advisory Commission of 6/6; Zoning Board of Adjustment of 5/24 Library Board of Trustees Update of May 24, 2007 Proofs of publication of City Council Pro- ceedings of May 7 and May 21, 2007 and List of Claims and Summary of Revenues for month ending April 30, 2007. Upon motion the documents were received and filed. Notice of Claims/Suits: Jeff Brimeyer for property damage; Gansen Excavating, Inc. for property damage. Upon motion the documents were received and filed, and referred to the City Attorney. Book 137 Regular Session, June 18, 2007 221 City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Com- munities Assurance Pool: Christy Link for per- sonal injury; Lauren Schrup for vehicle dam- age. Upon motion the documents were re- ceived and filed, and concurred. Citizen Communication: Communication from Kenneth J. Spears regarding the use of "project crews." Upon motion the document was received and filed. Interagency Agreement between the City of Dubuque and Dubuque County Board of Health: City Manager recommending approval of an Interagency Agreement with the Dubu- que County Board of Health for the inspection and enforcement of swimming pools and spas, tattoo parlors and tanning facilities in Dubuque County. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement with Project Concern, Inc. -Foster Grandparent Program: City Manager recommending ap- proval of a Purchase of Service Agreement with Project Concern, Inc. in the amount of $6,113 for the Foster Grandparent Program. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement with the Retired and Senior Volunteer Program: City Manager recommending approval of a Pur- chase of Service Agreement with the Retired and Senior Volunteer Program in the amount of $7,341. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement with Project Concern, Inc. -Information and Refer- ral and Child Care Referral: City Manager re- commending approval of a Purchase of Ser- vice Agreement with Project Concern, Inc. in the amount of $25,821 for the Information and Referral Program plus a payment of $9,098 for the Child Care Referral Program. Upon motion the documents were received, filed, and ap- proved. Purchase of Service Agreement with Op- eration: New View: City Manager recommend- ing approval of a Purchase of Service Agree- ment with Operation: New View in the amount of $18,257. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement with Help- ing Services of Northeast Iowa, Inc.: City Man- ager recommending approval of a Purchase of Service Agreement with Helping Services of Northeast Iowa, Inc. in the amount of $2,147. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement with Greater Dubuque Development Corporation: City Manager recommending approval of a Purchase of Service Agreement with Greater Dubuque Development Corporation in the amount of $170,613. Upon motion the docu- ments were received, filed, and approved. Purchase of Service Agreement with Du- buque Main Street, Ltd.: City Manager recom- mending approval of a Purchase of Service Agreement with Dubuque Main Street, Ltd., in the amount of $47,550 and $10,000 to support funding a part-time development position. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement with Hills and Dales: City Manager recommending ap- proval of a Purchase of Service Agreement with Hills and Dales for senior programs in the amount of $25,000. Upon motion the docu- ments were received, filed, and approved. Purchase of Service Agreement with Du- buque Area Labor Management Council: City Manager recommending approval of a Pur- chase of Service Agreement with Dubuque Area Labor Management Council in the amount of $17,455. Upon motion the docu- ments were received, filed, and approved. Purchase of Service Agreement with the Dubuque Area Chamber of Commerce Con- vention and Visitors Bureau: City Manager recommending approval of a Purchase of Ser- vice Agreement with the Dubuque Area Chamber of Commerce Convention and Visi- tors Bureau in the amount of $738,496. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement with Washington Neighborhood Tool Library: City Manager recommending approval of a Pur- chase of Service Agreement with the Washing- ton Neighborhood Tool Library in the amount of $15,500. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement with Sub- stance Abuse Services Center: City Manager recommending approval of a Purchase of Ser- vice Agreement with Substance Abuse Servic- es Center in the amount of $13,605. Upon motion the documents were received, filed, and approved. 222 Regular Session, June 18 2007 Book 137 Purchase of Service Agreement with Amer- ica's River Corporation: City Manager recom- mending approval of a Purchase of Service Agreement with America's River Corporation in the amount of $10,000. Upon motion the doc- uments were received, filed, and approved. Purchase of Service Agreement with Northeast Iowa Community College: City Man- ager recommending approval of a Purchase of Service Agreement with Northeast Iowa Com- munity College - Northeast Iowa Business Accelerator Business Plan in the amount of $5,000. Upon motion the documents were received, filed, and approved. Chaplain Schmitt Memorial Project: City Manager recommending acceptance of the Chaplain Schmitt Memorial Project as com- pleted by Tri-State Development, LLC, in the final contract amount of $65,173. Upon motion the documents were received and filed and Resolution No. 335-07 Accepting improve- ment; and Resolution No. 336-07 Approving final estimate were adopted. RESOLUTION NO. 335-07 ACCEPTING IMPROVEMENT WHEREAS, the contract for the Chaplain Schmitt Memorial 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 re- commends its acceptance. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 1. That the recommendation of the City Manager be approved and that said improve- ment 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 18th day of June, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 336-07 FINAL ESTIMATE WHEREAS, the contract for the Chaplain Schmitt Memorial Project has been completed and the Engineer has submitted his final estimate showing the cost thereof includ- ing the cost of estimates, notices and inspec- tion and all miscellaneous costs; NOW, THEREFORE, BE IT RE- SOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said im- provement is hereby determined to be $65,173, and the said amount shall be paid from the General Fund of the City of Dubuque, Iowa. Passed, approved and adopted this 18th day of June, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk City of Asbury: Communication from Eliza- beth Bonz, City of Asbury, requesting a letter of support for the Intersection Improvement Project to assist Asbury in obtaining funds from the Safe Roads to School Grant. Upon motion the documents were received, filed, and referred to the City Manager. U.S. Department of Housing and Urban Development: Communication from the U.S. Department of Housing and Urban Develop- ment (HUD) regarding the evaluation of the City's Community Development Block Grant (CDBG) program conducted on May 1, 2007. Upon motion the documents were received, filed, and referred to City Manager. United States Conference of Mayors: Communication from Tom Cochran, Executive Director of the United States Conference of Mayors, congratulating the City for the Honor- able Mention received in the 2007 City Water Taste Test Competition. Motion by Michalski to receive and file the documents. Seconded by Connors. Michalski said that the recent All America City delegation to Anaheim couldn't wait to return to Dubuque and its wonderful water despite the fact that Anaheim was second in the water taste test. Motion carried 7-0. Specific and Aggregate Stop Loss Insur- ance Renewal: City Manager recommending approval of HCC Life Insurance Company (formerly known as Allianz) as the stop-loss carrier for the City's health plans for individual and aggregate stop-loss insurance. Upon mo- tion the documents were received, filed, and approved. Iowa Department of Economic Develop- ment: Communication from Michael L. Tra- montina, Iowa Department of Economic De- velopment, advising that Genuine Genius So- lutions, LLC has received an Entrepreneurial Ventures Assistance Award in the amount of $125,000. Upon motion the documents were received and filed. Tee Box Place -Plat of Survey: Zoning Advisory Commission recommending approval of the Plat of Survey of Lot 1 and Lot 2 of Tee Book 137 Regular Session, June 18, 2007 223 Box Place as requested by Conlon Construc- tion Company. Upon motion the documents were received and filed, and Resolution No. 337-07 Approving the Plat of Survey of Lot 1 and Lot 2 of Tee Box Place was adopted. RESOLUTION NO. 337-07 A RESOLUTION APPROVING THE PLAT OF SURVEY LOT 1 AND LOT 2 OF TEE BOX PLACE. Whereas, there has been filed with the City Clerk a Plat of Survey Lot 1 and Lot 2 of Tee Box Place in the City of Dubuque, Iowa; and Whereas, said plat provides Lot 1 and Lot 2 with 0 feet of lot frontage respectively, where 50 feet is required and provides Lot 2 with 440 square feet of lot area where 5,000 square feet is required by Section 42-19(b) of the Subdivi- sion Regulations; and Whereas, said survey plat has been ex- amined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said survey plat has been ex- amined by the City Council and they find that it conforms to the statutes and ordinances relat- ing thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 42-19(b) of the Subdivision Regulations is waived to allow Lot 1 and Lot 2 to have 0 feet of frontage, where 50 feet is required and Lot 2 to have 440 square feet of lot area where 5,000 square feet is required. Section 2. That the Plat of Survey Lot 1 and Lot 2 of Tee Box Place is hereby ap- proved and the Mayor and City Clerk are he- reby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat. Passed, approved and adopted this 18t" day of June 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Links Glen Place -Plat of Survey: Zoning Advisory Commission recommending approval of the Plat of Survey of Lots 1 through 3 and Lot A of Links Glen Place as requested by Conlon Construction Company. Upon motion the documents were received and filed, and Resolution No. 338-07 Approving the Plat of Survey of Lots 1 through 3 and Lot A of Links Glen Place was adopted. RESOLUTION NO. 338-07 A RESOLUTION APPROVING THE PLAT OF SURVEY LOTS 1 THRU 3 AND LOT A OF LINKS GLEN PLACE. Whereas, there has been filed with the City Clerk a Plat of Survey Lots 1 thru 3 and Lot A of Links Glen Place in the City of Dubuque, Iowa; and Whereas, said plat provides Lot A with 0 feet of lot frontage, where 50 feet is required and provides 4,007 square feet of lot area where 5,000 square feet is required by Section 42-19(b) of the Subdivision Regulations; and Whereas, said survey plat has been ex- amined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said survey plat has been ex- amined by the City Council and they find that it conforms to the statutes and ordinances relat- ing thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 42-19(b) of the Subdivision Regulations is waived to allow Lot A to have 0 feet of frontage, where 50 feet is required and 4,007 square feet of lot area where 5,000 square feet is required. Section 2. That the Plat of Survey Lots 1 thru 3 and Lot A of Links Glen Place 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. Passed, approved and adopted this 18t" day of June 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Links Glen Condominium Development - Plat of Survey: Zoning Advisory Commission recommending approval of the Plat of Survey of Lot 1 and Lot 2 of Mineral Lot 138 as re- quested by Conlon Construction Company. Upon motion the documents were received and filed and Resolution No. 339-07 Approving the Plat of Survey of Lot 1 and Lot 2 of Mineral Lot 138 was adopted. RESOLUTION NO. 339-07 A RESOLUTION APPROVING THE PLAT OF SURVEY LOT 1 AND LOT 2 OF MINERAL LOT 138. Whereas, there has been filed with the City Clerk a Plat of Survey Lot 1 and Lot 2 of Min- eral Lot 138 in the City of Dubuque, Iowa; and Whereas, said plat provides Lot 1 and Lot 2 with 0 feet of lot frontage respectively, where 50 feet is required by Section 42-19(b) of the Subdivision Regulations; and Whereas, said survey plat has been ex- amined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said survey plat has been ex- amined by the City Council and they find that it conforms to the statutes and ordinances relat- ing thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 224 Regular Session, June 18 2007 Book 137 Section 1. That Section 42-19(b) of the Subdivision Regulations is waived to allow Lot 1 and Lot 2 to have 0 feet of frontage respec- tively, where 50 feet is required. Section 2. That the plat of survey of Lot 1 and Lot 2 of Mineral Lot 138 is hereby ap- proved and the Mayor and City Clerk are he- reby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat. Passed, approved and adopted this 18t" day of June 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Preserve America Grant Application: City Manager recommending approval of the sub- mission of a Preserve America Grant Applica- tion for expansion of the Mines of Spain Inter- pretive Exhibit and Education Program. Upon motion the documents were received and filed, and Resolution No. 340-07 Providing for an application to the National Park Service for Preserve America Funds for Mines of Spain Interpretive Exhibit and Education Program was adopted. RESOLUTION NO. 340-07 RESOLUTION PROVIDING FOR AN APPLI- CATION TO THE NATIONAL PARK SER- VICE FOR PRESERVE AMERICA FUNDS FOR MINES OF SPAIN INTERPRETIVE EX- HIBITAND EDUCATION PROGRAM Whereas, the National Park Service (NPS) administers the Preserve America program in order to assist local economies find self- sustaining ways to promote their cultural re- sources through heritage tourism while en- couraging people to experience and appre- ciate local historic resources through educa- tion and heritage tourism programs; and Whereas, the City of Dubuque, Friends of the Mines of Spain, and other partners will provide the required local match for this appli- cation for the Mines of Spain Interpretive Exhi- bit and Education Program to the NPS Pre- serve America program; and Whereas, the City of Dubuque is a desig- nated Preserve America Community and is eligible to submit an application for funding and desires to implement a Heritage Tourism Plan; and Whereas, the City of Dubuque is willing to accept Preserve America funding if awarded and is committed to the project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Planning Services Manager hereby is authorized to sign the City of Dubuque's application for the Mines of Spain Interpretive Exhibit and Education Pro- gram to the National Park Service Preserve America Funds. Section 2. That the City of Dubuque agrees to abide by all local, state and federal require- ments applicable to the proposed budget. Passed, approved and adopted this 18t" day of June 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Dubuque Technology Park: City Manager recommending approval of the re-platting of Lots 1 and 2 of Dubuque Technology Park No. 4 to incorporate the excess right-of-way into Lot 1 and create a separate Lot 2 for the America's River sign. Upon motion the docu- ments were received and filed and Resolution No. 341-07 Approving Plat of Survey of Lot 1 and Lot 2, Dubuque Technology Park No. 4 in the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 341-07 RESOLUTION APPROVING PLAT OF SUR- VEY LOT 1 AND LOT 2, DUBUQUE TECH- NOLOGY PARK NO. 4 IN THE CITY OF DU- BUQUE, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a Plat of Survey, Lot 1 and Lot 2 of Dubuque Technology Park No. 4 in the City of Dubuque, Iowa, dated June 1, 2007, prepared by IIW Engineers and Surveyors, P.C., describing the property to be subdivided, a copy of which is attached hereto (the Plat); and Whereas, the Plat conforms to the laws and statutes pertaining thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Plat is hereby approved, and the Mayor and City Clerk are hereby au- thorized and directed to execute the Plat for and on behalf of the City of Dubuque, Iowa. Section 2. The City Clerk is hereby autho- rized and directed to file the Plat and a certi- fied copy of this resolution in the office of the Recorder, in and for Dubuque County, Iowa. Passed, approved and adopted this 18t" day of June 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 2007 Justice Assistance Grant: City Man- ager recommending approval of the submis- sion of the 2007 Justice Assistance Grant (JAG) application to the U.S. Department of Justice Programs in the amount of $53,747. Upon motion the documents were received, filed, and approved. PEG Access Capital Grant Expenditure: City Manager recommending approval for three funding requests from the Capital Grant for Access Equipment and Facilities. Upon Book 137 Regular Session, June 18, 2007 225 motion the documents were received, filed, and approved. Hold Harmless Agreement - Firearms Training: City Manager recommending ap- proval of a Hold Harmless Agreement with Mathy Construction for the use of a portion of the River City Stone Rose Spur Quarry, 19068 Herber Road, for police firearms training. Upon motion the documents were received, filed, and approved. Request for Proposals -Multifunction Ma- chine: City Manager recommending approval of the issuance of a Request for Proposals to change the City's printer-copier-scanner-fax from stand-alone devices in every department to a networked multi-function service. Upon motion the documents were received, filed, and approved. Financial Services -Request for Propos- als: City Manager recommending approval of the selection of Dubuque Bank and Trust as the bank to provide financial services to the City of Dubuque for afive-year period. Upon motion the documents were received, filed, and approved. US 52 North Storm Sewer Improvement Project: City Manager recommending award of the contract for the US 52 North Storm Sewer Improvement Project to McClain Excavating Company, Inc., in the amount of $189,712. Upon motion the documents were received and filed and Resolution No. 342-07 Awarding public improvement contract for the US 52 North Storm Sewer Improvement Project was adopted. RESOLUTION NO. 342-07 AWARDING PUBLIC IMPROVEMENT CON- TRACT FOR THE US 52 NORTH STORM SEWER IMPROVEMENT PROJECT Whereas, sealed proposals have been submitted by contractors for the US 52 North Storm Sewer Improvement Project (the Project) pursuant to Resolution No. 256-07 and Notice to Bidders published in a newspa- per published in the City of Dubuque, Iowa on the 11t" day of May, 2007. Whereas, said sealed proposals were opened and read on the 31st day of May, 2007 and it has been determined that McClain Ex- cavating Company, Inc of Peosta, Iowa, with a bid in the amount of $189,712.00, 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 McClain Excavat- ing Company, Inc and the City Manager is hereby directed to execute a Public Improve- ment Contract on behalf of the City of Dubu- que for the Project. Passed, approved and adopted this 18t" day of June, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk City HaII:First Floor Restroom Renovation Project: City Manger recommending final ac- ceptance of the City Hall First Floor Restroom Renovation Project as completed by Portzen Construction in the amount of $83,393. Upon motion the documents were received and filed and Resolution No. 343-07 Accepting im- provement, and Resolution No. 344-07 Ap- proving final estimate were adopted. RESOLUTION NO. 343-07 ACCEPTING IMPROVEMENT Whereas, the contract for the City Hall- First Floor Restroom Renovations has been completed and the City Manager has ex- amined the work and filed his certificate stating that the same has been completed according to the terms of the contracts, plans and speci- fications 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 im- provements be and the same are hereby ac- cepted. BE IT FURTHER RESOLVED that the City Treasurer be and is hereby directed to pay to the contractor in the amount equal to the amount of this contract, less any retained per- centage provided for therein. Passed, approved and adopted this 2nd day of July, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 344-07 FINAL ESTIMATE Whereas, the contract for the City Hall- First Floor Restroom Renovations Project has been completed and the Building Services Manager has submitted his final estimate showing the cost thereof. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improve- ment is hereby determined to be $83,393.00 and the said improvement shall be paid by the City as provided for therein. Passed, approved and adopted this 2nd day of July, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 226 Regular Session, June 18 2007 Book 137 Business Licenses: City Manager recom- mending approval of annual liquor license re- newals as submitted. Upon motion the docu- ments were received and filed and Resolution No. 345-07 Granting the issuance of fifty-four (54) renewal permits to sell cigarettes and cigarette papers within the City limits; Resolu- tion No. 346-07 Granting the issuance of a Class "B" Beer Permit to Pizza Hut (320 East 20t" Street), Pizza Hut (2075 JFK Road), and Colts Community Center; and Class "C" Beer Permit to Dubuque Discount Gas #3, Hy-Vee Wine and Spirits "A", and Keywest Conoco; and Resolution No. 347-07 Granting the is- suance of a Class "C" Beer/Liquor License to Fischer Lanes, Creslanes Bowling, Paul's Ta- vern, Applebee's Grill and Bar, Dubuque Bowl- ing Lanes, Five Flags Center, and Buffalo Wild Wings; Special Class "C" Liquor License to Rotary Club; and Class "B" Wine Permit to Hy- Vee Wine and Spirits "A" were adopted. RESOLUTION NO. 345-07 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: That the following having complied with the provisions of law relating to the sale of Ciga- rettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Ciga- rette Papers within said City. 54 RENEWALS 5 Point Mart Sinclair, 5 Point Mart Inc., 405 Rhomberg Avenue 16t" St Auto Truck Plaza, Mulgrew Oil Com., 1215 E. 16t" Street Beecher Company Inc., Beecher Beve- rage/Gas Station, 1691 Asbury Road Big 10 Mart, Molo Oil Com., 9t" & Central Avenue Big 10 Mart, Molo Oil Com., 2100 J.F.K. Road Big 10 Mart, Molo Oil Com., 1875 J.F.K. Road Bulldog Billiards Sports Bar, Richard Rein- hardt, 1850 Central Avenue C.S.C. Gas, Shahid Chatha, 700 Rhom- berg Avenue Casey's General Store # 2420, Casey's Marketing, 2699 Rockdale Road Casey's General Store # 2421, Casey's Marketing, 4003 Peru Road CueMasters Billiards, William Kramer, 900 Central Avenue Denny's Lux Club, Beverly Larsen, 3050 Asbury Road Dubuque Discount Gas, Inc, Dubuque Dis- count Gas # 1, 4110 Dodge Street Dubuque Discount Gas, Jeff A. Streinz, 2175 Central Avenue Dubuque Discount Gas # 3, Jeff A. Streinz, 3270 Dodge Street Dubuque Mining Co., Apt's Ltd Corp, 555 J.F.K. Road Dubuque Greyhound Park/Casino, Dubu- que Racing Associ., 1855 Greyhound Park Eagle County Market, Peter Clarke, 1800 Elm Street Easy Street ,Easy Street LLC, 431 Rhom- berg Avenue Econo Foods # 471, Nash Finch, 3355 J.F.K. Road Family Mart Inc, Family Mart Inc, 3201 Central Avenue Fraternal Order of Eagles, Fraternal Order of Eagles, 1175 Century Drive Gin Rickey's, Hefel Frommelt LLC, 1447 Central Avenue Hammerheads Bar & Billiards, Hammer- heads Inc, 2095 Kerper Blvd Hy-Vee Wine & Spirits, Hy-Vee Inc., 3500 Dodge Street Hy-Vee # 1, Hy-Vee Inc., 3500 Dodge Street Hy-Vee # 2, Hy-Vee Inc., 2395 N.W. Ar- terial Hy-Vee Gas # 2, Hy-Vee Inc, 2435 N.W. Arterial Hy-Vee # 3, Hy-Vee Inc., 400 S. Locust Street Hy-Vee Gas # 3, Hy-Vee Inc., 300 S. Lo- cust Street Instant Replay, Pamela Arensdorf, 1602 Central Avenue K-Mart, K-Mart Corporation, 2600 Dodge Street Kalmes Breaktime, Kalmes Brothers LLC, 1097 Jackson Street Knickers Saloon, Curtis Gerhard, 2188 Central Avenue McCann's Service, McCann's Service Inc., 690 W Locust St Oky Doky # 1, TFM Co, 250 W. 1St Street Oky Doky # 2, TFM Co, 51 W. 32nd Street Oky Doky # 6, TFM Co, 1256 Iowa Street Oky Doky # 21, TFM Co, 2010 Kerper Blvd Paro Food Mart, Sahajanand Enterp, 3200 Central Avenue Phillip 66, Liberty Station LLC, 10 Main Street Plaza 20 BP/Amoco, R Future, 2600 Dodge Street Puff n Snuff, Molo Oil Com., 1101 Rhom- berg Avenue Ron's Discount Smokes/Beverage, RKM LLC, 1450 Loras Blvd. Ron's Discount Smokes/Beverage, RKM LLC , 3300 Asbury Road Sam's West Inc, Sam's West Inc, 4400 Asbury Road Sid's Beverage Store, Sid's Beverage Store, 2727 Dodge Street Tobacco Outlet Plus # 504, Kwik Trip Inc, 806 Wacker Drive # 140 Tobacco World, Iowa Potato & Produce Hse, 3341 Hillcrest Road Book 137 Regular Session, June 18, 2007 227 Wal-Mart Store # 2004, Wal-Mart Store Inc., 4200 Dodge Street Walnut Tap, Craig Weiner, 709 University Avenue Walgreen Co. # 9708, Walgreen Co., 55 J.F.K. Road Walgreen Co. # 6154, Walgreen Co., 2260 J.F.K. Road Whiskey River, Chad Streff, 1064 Universi- ty Avenue Passed, approved and adopted this 18th day of June, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 346-07 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been ex- amined 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 Prospect Pizza Ltd, Pizza Hut+(Sunday Sale), 320E 20th Street Prospect Pizza Ltd, Pizza Hut+(Sunday Sale), 2075 JFK Road Legionnaires Drum & Bugle Corp, Colts Community Center+(Sunday Sale), 1101 Cen- tral Avenue CLASS "C" BEER PERMIT Dubuque Discount Gas, Inc, Dubuque Dis- count Gas # 3+(Sunday Sale), 3270 Dodge Street Hy-Vee Inc, Hy-Vee Wine & Spirits "A"+(Sunday Sale), 3500 Dodge Street "A" Rainbo Oil Co., Keywest Conoco+(Sunday Sale), 2150 Twin Valley Drive Passed, approved and adopted this 18th day of June, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 347-07 Whereas, applications for Liquor Licenses have been submitted to this Council for ap- proval 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 Ordin- ances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS "C" BEER/LIQUOR LICENSE Plastic Center, Inc, Fischer Lanes+(Sunday Sale), 880 Locust Street Creslanes Bowling, Inc, Creslanes Bowl- ing+(Sunday Sale), 255 S. Main Street Tom Koch, Inc, Paul's Tavern+(Sunday Sale), 176 Locust Street Apple Corp.LP, Applebee's Grill & Bar+(Sunday Sale), 1395 Associates Drive James Ferring, Dubuque Bowling Lanes+(Sunday Sale), 1029'/2 Main Street SMG Food & Beverage LLC, Five Flags Center+(Sunday Sale), 405 Main Street Blazin Wings, Inc, Buffalo Wild Wings +(Sunday/Outdoor Sale), 2805 Northwest Ar- terial SPECIAL CLASS "C" LIQUOR Rotary Club of Dubuque, Rotary Club+(Sunday Sale), 135 W. 8th Street CLASS "B" WINE HyVee Inc., HyVee Wine & Spirits "A", 3500 Dodge St. "A" Passed, approved and adopted this 18th day of June, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk ITEM TO BE SET FOR PUBLIC HEARING Motion by Cline to receive and file the doc- uments, set the public hearing as specified, adopt the resolutions and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Lynch. Motion carried 7-0. Port of Dubuque Parking Facilities Project: City Manager recommending initiation of the public bidding process for the Port of Dubuque Parking Facilities Project and that a public hearing on the plans and specifications, form of contract, and estimated cost be set for July 2, 2007. Motion by Cline to receive and file the documents and adopt Resolution No. 348-07 Preliminary approval of plans and specifica- tions, form of contract, and estimated cost for the Port of Dubuque Parking Facilities Project, Setting date of hearing on plans and specifica- tions, form of contract, and estimated cost for the Port of Dubuque Parking Facilities Project, and Ordering the advertisement for bids for the Port of Dubuque Parking Facilities Project was adopted setting a public hearing for July 2, 2007 at a meeting to commence at 6:30 p.m. in the Public Library Auditorium. RESOLUTION NO. 348-07 PORT OF DUBUQUE PARKING FACILITY PROJECT. PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CON- 228 Regular Session, June 18 2007 Book 137 TRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the Port of Dubuque Parking Facility Project, in the esti- mated amount $24,951,650 are hereby preli- minarily approved and ordered filed in the of- fice of the City Clerk for public inspection. A public hearing will be held on the 2nd day of July, 2007, at 6:30 p.m. in the Public Library Auditorium 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 esti- mated cost of the Project. The Port of Dubuque Parking Facility 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 Bid- ders hereby approved. The City Clerk is hereby directed to adver- tise for bids for the construction of the im- provements herein provided, by publishing the attached Notice to Bidders to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four but not more than forty-five days before the date for filing bids before 2:00 p.m. on the 12t" day of July, 2007. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council, at a special Council meeting, for final action at the public hearing at 5:00 p.m. on the 26t" day of July, 2007, in the Public Library Auditorium, 360 West 11t" Street, Du- buque, Iowa. Passed, adopted and approved this 18t" day of June, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk following Boards/Commissions: 175t" Anniver- sary Celebration Coordinating Committee. Fifteen Member Ad Hoc Committee, Tempo- rary Terms. Applicants: Citizen Representa- tives (6) Wallace Brown, Susan Farber, Barba- ra Fisher, Michael Gibson, Bart Kintzinger, Joseph Rapp, Ralph Scharnau, Jennifer Tigges, Tammy Welbes, Katie Weidemann; High School Student (1) - No applicants; Young Professionals (2) Amanda Brechler, Scott Frost, Brooke Gassman, Susan Hess, Jennifer Lien, Lindsey McNeeley-Moeller, Christopher Wand, Tammy Welbes, Marcie Winkelman; Historical Society Representative (1) Meg Wall-Wild; Chamber of Commerce Representative (1) Sue Czeshinski; Arts Commissioner (1) Louise Kames, Amy Weber; Telegraph Herald Representative (1) Diane Mohr; Education Representative (1) Gary Ol- sen. Applicants who spoke in support of their individual appointment: Susan Farber, 1755 Overview; Michael Gibson, 160 So. Grandi- vew; Bart Kintzinger, 2375 Clarke Crest Drive; Joseph Rapp, 27 Locust St; Tammy Welbes, 2648 University Ave.; Katie Weidemann, 300 Main St.; Amanda Brechler, 2003 Key Way; Lindsey McNeeley-Moeller, 1165 Cleveland; Marcie Winkelman, 729 Edith; and Meg Wall- Wild, 1520 Elm St. Library Board of Trustees: Four 4-year ex- pired terms through July 1, 2011 (Terms of Shubatt, Lindsay, Smith, and Avery). Appli- cants: Alan Avery, Susan Lindsay, Michael Shubatt, Kristen Smith Mechanical Board: One 3-Year expired term through March 16, 2009 (Term of Geisler) Applicant: Todd Geisler Appointments were made to the following Boards/Commissions: Park and Recreation Commission: Three 3-year terms through June 30, 2010 (Terms of Lyness, Harjehausen, and Hoffman) Applicants: Karen Lyness, Paul Hoffman, Gary Harjehausen. Motion by Mi- chalski to appoint Lyness, Hoffman, and Har- jehausen to three-year terms through June 30, 2010. Seconded by Braig. Motion carried 7-0. TV Cable Regulatory Commission: Two 3- year expired terms through June 30, 2010 (Terms of Pratt and Stevens). Applicant: Kevin Stevens. Motion by Connors to re-appoint Ste- vens to a three-year term through June 30, 2010. Seconded by Braig. Motion carried 7-0. PUBLIC HEARINGS Upon motion the rules were suspended al- lowing anyone to address the City Council. BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the 2411/2403 Central Avenue -Request to Rezone: Proof of publication on notice of pub- lic hearing to consider rezoning property lo- cated at 2411/2403 Central Avenue from R-2 Book 137 Regular Session, June 18, 2007 229 Two-Family Residential District and C-2 Neighborhood Shopping Center District to C-4 Downtown Commercial District as requested by Lynn Schmitz, and Zoning Advisory Com- mission recommending approval. Motion by Jones to receive and file the documents and that the requirement that a proposed Ordin- ance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Lynch. Planning Services Man- ager Laura Carstens provided a staff report and distributed pictures. Motion by Jones for final consideration and adoption of Ordinance No. 30-07 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter de- scribed property located at 2411/2403 Central Avenue from R-2 Two-Family Residential Dis- trict and C-2 Neighborhood Shopping Center District to C-4 Downtown Commercial District. Seconded by Connors. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 30-07 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DE- SCRIBED PROPERTY LOCATED AT 2411/2403 CENTRAL AVENUE FROM R-2 TWO-FAMILY RESIDENTIAL DISTRICT AND C-2 NEIGHBORHOOD SHOPPING CENTER DISTRICT TO C-4 DOWNTOWN COMMER- CIAL DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassify- ing the hereinafter-described property from R- 2 Two-Family Residential District and C-2 Neighborhood Shopping Center District to C-4 Downtown Commercial District, to wit: Lot 1 of Lot 10 of Wullweber Subdivision, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advi- sory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by I aw. Passed, approved and adopted the 18t" day of June, 2007. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald Newspaper the 27t" day of June, 2007. /s/Jeanne F. Schneider, CMC, City Clerk 3100 Cedar Crest Ridge -Request to Re- zone: Proof of publication on notice of public hearing to consider rezoning property located at 3100 Cedar Crest Ridge from CS Commer- cial Service and Wholesale District to C-3 General Commercial District as requested by Dennis Powers, and Zoning Advisory Com- mission recommending approval. Motion by Jones to receive and file the documents and that the requirement that a proposed Ordin- ance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Braig. Dennis Power, 767 Brookview Square, spoke in support of the ordinance. Planning Services Manager Laura Carstens provided a staff report. Lynch asked if there is a traffic benchmark the City uses, if the traffic will increase, and what the estimated occupation or completion date is. Carstens said there is no traffic benchmark. Powers said that construction is scheduled for completion in August and that the traffic will increase some. However there is sufficient road capacity in place to handle the increase. Motion carried 7- 0. Motion by Jones for final consideration and adoption of Ordinance No. 31-07 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassify- ing hereinafter described property located at 3100 Cedar Crest Ridge from CS Commercial Service and Wholesale District to C-3 General Commercial District. Seconded by Lynch Mo- tion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 31-07 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DE- SCRIBED PROPERTY LOCATED AT 3100 CEDAR CREST RIDGE FROM CS COM- MERCIAL SERVICE AND WHOLESALE DISTRICT TO C-3 GENERAL COMMERCIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassify- ing the hereinafter-described property from CS Commercial Service and Wholesale District to C-3 General Commercial District, to wit: Lot 7 Cedar Ridge Farm Place No. 4, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advi- sory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect 230 Regular Session, June 18 2007 Book 137 immediately upon publication, as provided by I aw. Passed, approved and adopted this 18t" day of June, 2007 /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald Newspaper the 27t" day of June, 2007. /s/Jeanne F. Schneider, CMC, City Clerk 40-42 Main Street -Request to Rezone: Proof of publication on notice of public hearing to consider rezoning property located at 40-42 Main Street from LI Light Industrial District to C-4 Downtown Commercial District as re- quested by Chris Miller/Wally Brown, and Zon- ing Advisory Commission recommending ap- proval. 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 finally passed be suspended. Seconded by Connors. Motion carried 7-0. Planning Services Manag- er Laura Carstens provided a staff report say- ing that the rezoning provides an opportunity to use an historic structure that is currently empty in an area that's in transition. Motion by Jones for final consideration and adoption of Ordinance No. 32-07 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinaf- ter described property located at 40-42 Main Street from LI Light Industrial District to C-4 Downtown Commercial District. Seconded by Braig. Chris Miller, 3211 N. Cedar Cross Court, spoke in support of the ordinance. Mo- tion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 32-07 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DE- SCRIBED PROPERTY LOCATED AT 40-42 MAIN STREET FROM LI LIGHT INDUSTRIAL DISTRICT TO C-4 DOWNTOWN COMMER- CIAL DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassify- ing the hereinafter-described property from LI Light Industrial District to C-4 Downtown Commercial District, to wit: Lot 16 and 17 in the Subdivision of the West one-half of Block 1 in Dubuque Harbor Company's Addition, and to the centerline of the adjoining public right-of- way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advi- sory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by I aw. Passed, approved and adopted this 18t" day of June, 2007. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC City Clerk Published officially in the Telegraph Herald Newspaper the 27t" day of June, 2007. /s/Jeanne F. Schneider, CMC, City Clerk 2678 Beverly Avenue -Request to Re- zone: Proof of publication on notice of public hearing to consider rezoning property located at 2678 Beverly Avenue from R-1 One-Family Residential District to R-2 Two-Family Resi- dential District as requested by Tom Swift, Swift Construction, Inc., and Zoning Advisory Commission recommending approval. Motion by Michalski to receive and file the documents and that the requirement that a proposed Or- dinance be considered and voted on for pas- sage at two Council meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Jones. Tom Swift, 2005 Firestone Drive, President of Swift Con- struction, spoke in support of the ordinance saying that this will be a new construction and will have a positive impact on the area. Cline asked if there would be off-street parking. Swift said that each unit will have the required four spaces including off-street and on-street park- ing. Connors asked if the mature trees would be saved. Swift said that designs are uncertain put all attempt will be made to save the trees. Planning Services Manager Laura Carstens provided a staff report saying that this is an expansion of the R-2 zoning and there is suffi- cient space for the construction. Motion by Michalski for final consideration and adoption of Ordinance No. 33-07 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinaf- ter described property located at R-1 One- Family Residential District to R-2 Two-Family Residential District. Seconded by Lynch. Mo- tion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 33-07 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DE- SCRIBED PROPERTY LOCATED AT 2678 BEVERLY AVENUE FROM R-1 SINGLE- FAMILY RESIDENTIAL DISTRICT TO R-2 TWO-FAMILY RESIDENTIAL DISTRICT Book 137 Regular Session, June 18, 2007 231 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassify- ing the hereinafter-described property from R- 1 Single-Family Residential District to R-2 Two-Family Residential District, to wit: Lot 41 Lenox Addition, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advi- sory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by I aw. Passed, approved and adopted this 18t" day of June, 2007. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald Newspaper the 27t" day of June, 2007. /s/Jeanne F. Schneider, CMC, City Clerk Iowa 32 (Southwest Arterial) Corridor - Text Amendment: Proof of publication on no- tice of hearing to consider a request from the City of Dubuque to amend Sections 6-1.5.5 and 4-4.2 of the Zoning Ordinance and Section 42-16 of the Subdivision Regulations to extend the duration of the development moratorium for the Iowa 32 (Southwest Arterial) Corridor to July 1, 2008, and Zoning Advisory Commis- sion recommending approval. 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 finally passed be suspended. Seconded by Braig. Motion carried 7-0. Plan- ning Services Manager Laura Carstens pro- vided astaff report saying that this ordinance will extend the existing moratorium to 2008 and that there were no public comments at the Zoning meeting. Michalski asked for clarifica- tion on the location/boundaries of the morato- rium and if there were many existing devel- oped properties that would be impacted. Cars- tens said that the moratorium takes into con- sideration variations of streets, territories, and properties beyond the final line of the project as a precaution and that this is generally an agricultural corridor with few structures asso- ciated with farms. Motion by Jones for final consideration and adoption of Ordinance No. 34-07 Amending Chapter 42 (Subdivision Regulations) of the City of Dubuque Code of Ordinances by amending Section 42-16 to extend a moratorium for subdivision plats in the Iowa 32 (Southwest Arterial) corridor; and Ordinance No. 35-07 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by amending Section 4- 4.2 regarding site plans, and by amending Section 6-1.5.5 regarding rezonings to extend a moratorium for site plan and rezoning appli- cations in the Iowa 32 (Southwest Arterial) corridor. Seconded by Braig. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 34-07 AN ORDINANCE AMENDING CHAPTER 42 (SUBDIVISION REGULATIONS) OF THE CITY OF DUBUQUE CODE OF ORDIN- ANCES BY AMENDING SECTION 42-16, TO EXTEND A MORATORIUM FOR SUBDIVI- SION PLATS IN THE IOWA 32 (SOUTH- WEST ARTERIAL) CORRIDOR Whereas, the Iowa Department of Trans- portation (IDOT) and the City of Dubuque are engaged in a study of the Iowa 32 (Southwest Arterial) Corridor, which will include the right- of-way acquisition for the preferred alignment; and Whereas, the City of Dubuque and the IDOT desire to minimize potential development conflicts during this study by extending the development moratorium for the Southwest Arterial Corridor. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1. Chapter 42 (Subdivision Regula- tions) of the City of Dubuque Code of Ordin- ances is hereby amended by amending Sec- tion 42-16 as follows: Section 42-16. Moratorium for Subdivisions in the Iowa 32 (Southwest Arterial) Corridor: No plat for any subdivision or resub- division of property in the Iowa 32 (Southwest Arterial) Corridor, as deli- neated on the attached drawings, shall be approved by the City Council, Zoning Advisory Commission or City Planner from the effective date of this Section to July 1, 2008, except where a vested right to the issuance of such approval accrued to any person, firm or corporation as a matter of law prior to the effective date of this Section. Section 2. This Ordinance shall take effect upon publication, as provided by law. Passed, approved and adopted this 18t" day of June, 2007. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald Newspaper the 27t" day of June, 2007. /s/Jeanne F. Schneider, CMC, City Clerk 232 Regular Session, June 18 2007 Book 137 OFFICIAL PUBLICATION ORDINANCE NO. 35-07 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY AMENDING SECTION 4-4.2 REGARDING SITE PLANS, AND BY AMENDING SECTION 6-1.5.5 REGARDING REZONINGS, TO EX- TEND A MORATORIUM FOR SITE PLAN AND REZONING APPLICATIONS IN THE IOWA 32 (SOUTHWEST ARTERIAL) COR- RIDOR. Whereas, the Iowa Department of Trans- portation (IDOT) and the City of Dubuque are engaged in a study of the Iowa 32 (Southwest Arterial) Corridor, which will include the right- of-way acquisition for the preferred alignment; and Whereas, the City of Dubuque and the IDOT desire to minimize potential development conflicts during this study by extending the development moratorium for the Southwest Arterial Corridor. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1. Appendix A (Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by amending Section 4-4.2 as follows: Section 4-4.2. Application and Scope. (A) Moratorium for Site Plans in the Iowa 32 (Southwest Arterial) Corridor. The City Planner shall not issue con- ditional or final approval for any site plan filed for property in the Iowa 32 (Southwest Arterial) Corridor that lies within the corporate limits of the City of Dubuque, as delineated on the at- tached drawings, from the effective date of this Section to July 1, 2008, except where a vested right to the is- suance of such approval accrued to any person, firm or corporation as a matter of law prior to the effective date of this Section. Section 2. Appendix A (Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by amending Section 6-1.5.5 as follows: Section 6-1.5.5 Moratorium for re- zonings in the Southwest Arterial Cor- ridor. In addition to the requirements of subsection 6-1.5 of this Section, the City Council shall not give final ap- proval to any zoning reclassification (rezoning) request for property in the Iowa 32 (Southwest Arterial) Corridor that lies within the corporate limits of the City of Dubuque, as delineated on the attached drawings, from the effec- tive date of this Section to July 1, 2008, except where a vested right to the issuance of such approval ac- crued to any person, firm or corpora- tion as a matter of law prior to the ef- fective date of this Section. Section 3. This Ordinance shall take effect upon publication, as provided by law. Passed, approved and adopted this 18t" day of June, 2007. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald Newspaper the 27t" day of June, 2007. /s/Jeanne F. Schneider, CMC, City Clerk L & J Properties Dubuque, LLC Develop- ment Agreement: Proof of publication on no- tice of hearing to consider approval of a De- velopment Agreement with L & J Properties Dubuque, LLC, and the disposition of 2.74 acres of property in Dubuque Technology Park for construction of an 11,255 square foot office building, and City Manager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 349-07 Determining that the proposal of L & J Properties Dubuque, LLC to acquire and de- velop property in the Dubuque Industrial Cen- ter South Economic Development Urban Re- newal District in the City of Dubuque, Iowa is in compliance with the terms of the City's offer- ing for the disposition of such property; and Resolution No. 350-07 Accepting the proposal of L & J Properties Dubuque, LLC for the pur- chase of property in the Dubuque Industrial Center South Economic Development Urban Renewal District in the City of Dubuque, Iowa and approving the Development Agreement with L & J Properties Dubuque, LLC. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 349-07 DETERMINING THAT THE PROPOSAL OF L & J PROPERTIES DUBUQUE, LLC TO AC- QUIRE AND DEVELOP PROPERTY IN THE DUBUQUE INDUSTRIAL CENTER SOUTH ECONOMIC DEVELOPMENT URBAN RE- NEWAL DISTRICT IN THE CITY OF DUBU- QUE, IOWA IS IN COMPLIANCE WITH THE TERMS OF THE CITY'S OFFERING FOR THE DISPOSITION OF SUCH PROPERTY Whereas, the City Council, by Resolution No. 260-07, dated May 7, 2007, nominated the City Clerk as agent of the City of Dubuque, Iowa, to receive and open on June 13, 2007, at 10:00 a.m., proposals for the disposition of property in the Dubuque Industrial Center South Economic Development Urban Renewal District in Dubuque Technology Park in accor- dance with the terms and conditions set forth in the resolution; and Whereas, the City Council has received a proposal, referred to in said resolution, from L Book 137 Regular Session, June 18, 2007 233 & J Properties Dubuque, LLC whose proposal meets the terms and conditions of Resolution No. 260-07; and Whereas, the City Clerk has reported to this Council that no qualified, competing pro- posals were submitted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the report of the City Clerk that no qualified competing proposals were submitted by 10:00 a.m. on June 13, 2007, for the disposition of property in the Dubuque In- dustrial Center South Economic Development Urban Renewal District in the Dubuque Tech- nology Park be received, filed and adopted. Section 2. That it is hereby determined that the proposal of L & J Properties Dubuque, LLC for the development of said property is the only proposal which satisfies the terms and condi- tions set forth in Resolution No. 260-07 adopted on February 20, 2007. Passed, approved and adopted this 18t" day of June, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 350-07 ACCEPTING THE PROPOSAL FROM L & J PROPERTIES DUBUQUE, LLC FOR THE PURCHASE OF PROPERTY IN THE DUBU- QUE INDUSTRIAL CENTER SOUTH ECO- NOMIC DEVELOPMENT URBAN RENEWAL DISTRICT IN DUBUQUE TECHNOLOGY PARK IN THE CITY OF DUBUQUE, IOWA AND APPROVING THE DEVELOPMENT AGREEMENT WITH L & J PROPERTIES DUBUQUE, LLC Whereas, the City Council, by Resolution No. 260-07, dated May 7, 2007: 1. Adopted the terms and conditions for of- fering for disposition of certain real property and improvements in the Dubuque Industrial Center South Economic Development Urban Renewal District in the City of Dubuque, Iowa, legally described as follows: Lot 1 -10, Block 2 Dubuque Technology Park in the City of Du- buque; and 2. Determined that the proposal submitted by L & J Properties Dubuque, LLC satisfied the requirements of said offering; and 3. Declared its intent to accept the L & J Properties Dubuque, LLC proposal in the event no other qualified proposals were timely submitted for the property; and 4. Invited competing proposals which met the terms and conditions of the offering, to be submitted to the City Clerk on or before 10:00 a.m., June 13, 2007; and; Whereas, on May 11, 2007, the Resolution was published as the official notice of the offer- ing and of the intent of the City of Dubuque, Iowa, in the event no other qualified proposals were timely submitted, to approve the Devel- opment Agreement proposed by L & J Proper- ties Dubuque, LLC; and Whereas, by separate Resolution of this date, the City Council has received and ap- proved as its own the report of the City Clerk that no other qualified proposal was received; and Whereas, it is the determination of the City Council that approval of the Development Agreement with L & J Properties Dubuque, LLC is in the public interest of the citizens of the City of Dubuque, and is consistent with the City's Urban Renewal Plan for the Dubuque Industrial Center South Economic Develop- ment Urban Renewal District. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Development Agree- ment by and between the City of Dubuque and L & J Properties Dubuque, LLC is in the public interest of the citizens of the City of Du- buque and in furtherance of the City's Urban Renewal Plan, and is hereby approved. Section 2. That the Mayor is hereby autho- rized and directed to execute said Develop- ment Agreement and the Special Warranty Deed to the property included therein on be- half of the City of Dubuque and the City Clerk is authorized and directed to attest to his sig- nature. Section 3. That the City Manager is autho- rized to take such actions as are necessary to implement the terms of the Development Agreement as herein approved. Passed, approved and adopted this 18t" day of June, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Port of Dubuque Parking Ramp -Urban Renewal Tax Increment Revenue Bonds: Proof of publication on notice of hearing to consider approval of the sale of not to exceed $25,000,000 Urban Renewal Tax Increment Revenue Bonds and City Manager recom- mending approval. Motion by Cline to receive and file the documents and adopt Resolution No. 351-07 Instituting proceedings to take ad- ditional action for the issuance of not to ex- ceed $25,000,000 Urban Renewal Tax Incre- ment Revenue Bonds. Seconded by Michalski. Bud Isenhart, 8968 Quail Ridge Court, ex- pressed his concern over the length of a 30- year bond and continuation of the current TIF program, which is now 25 years old. He be- lieves it is unfair to the County and school dis- trict to divert these funds for economic devel- opment. City Manager Van Milligen said that if the Urban Renewal District continues the money goes back to the taxing bodies. He explained that this is a component of the 234 Regular Session, June 18 2007 Book 137 America's River Project Phase II and provides parking for $70 million in new, mixed-use de- velopment; the Diamond Jo Casino; the mu- seum's expansion; and is leverage for the mu- seum's $8 million Vision Iowa grant. Per the development agreement, the Diamond Jo can reject the project's plans. The City would then downsize the project to accommodate the change in cost, and the museum would have to renegotiate their Vision Iowa grant. Motion carried 7-0. RESOLUTION NO. 351-07 INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $25,000,000 URBAN RENEWAL TAX INCREMENT REVENUE BONDS WHEREAS, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $25,000,000 Urban Renewal Tax Increment Revenue Bonds for the purpose of pay costs of aiding in the planning, undertak- ing and carrying out of urban renewal project activities under the authority of Chapter 403 of the Code of Iowa and the Amended and Res- tated Urban Renewal Plan for the Greater Downtown Urban Renewal Project Area, in- cluding those costs associated with: (i) the construction of a multi-level public parking ramp facility in the Port of Dubuque, pursuant to the Port of Du- buque Public Parking Facility Devel- opment Agreement dated February 5, 2007 between the City of Dubuque, Iowa and Diamond Jo, LLC.; (ii) the funding of a debt service reserve fund and a capitalized interest fund for the Bonds; and (iii) the payment of costs associated with the issuance of the Bonds, and has considered the extent of objections received from residents or property owners as to said proposed issuance; and, accordingly the following action is now considered to be in the best in- terests of the City and residents the- reof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council does hereby institute proceedings and takes additional ac- tion for the sale and issuance in the manner required by law of not to exceed $25,000,000 Urban Renewal Tax Increment Revenue Bonds for the foregoing purposes. Section 2. The City Manager is authorized and directed to proceed on behalf of the City with arrangements for the sale of the Urban Renewal Tax Increment Revenue Bonds, to select a date for the sale thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and this Council and otherwise to take all action necessary to permit the sale of the Urban Re- newal Tax Increment Revenue Bonds on a basis favorable to the City and acceptable to the Council. Passed and approved this 18t" day of June, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Release and Acceptance of Sanitary Sew- er Easement -Raven Oaks: Proof of publica- tion on notice of hearing to consider vacating and relocating a portion of an existing sanitary sewer easement and to vacate a utility ease- ment in Lot 4 of Raven Oaks No. 2 and Lots 1 and 2 of Raven Oaks Place and City Manager recommending approval. Motion by Cline to receive and file the documents and adopt Resolution No. 352-07 Accepting a con- veyance of easements over part of Lot 4 of Raven Oaks No. 2 and Lots 1 and 2 of Raven Oaks Place in the City of Dubuque, and Reso- lution No. 353-07 Disposing of interest and release of a portion of an existing 20-foot wide sanitary sewer easement, a 25-foot access and utility easement, and a 5-foot utility ease- ment on Lot 4 of Raven Oaks No. 2 and Lots 1 and 2 of Raven Oaks Place in the City of Du- buque, Iowa, Dubuque County, Iowa. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 352-07 ACCEPTING A CONVEYANCE OF EASE- MENTS OVER PART OF LOT 4 OF RAVEN OAKS NO. 2 AND LOTS 1 AND 2 OF RAVEN OAKS PLACE IN THE CITY OF DUBUQUE Whereas, Kluck Partnership agreed to en- gineer and reconstruct a sanitary sewer pur- suant to which Kluck Partnership agreed to convey easements for sanitary sewer and utili- ties over part of Lot 4 of Raven Oaks No. 2 and Lots 1 and 2 of Raven Oaks Place in the City of Dubuque, Iowa, as shown on the Plat of Easements attached hereto; and Whereas, Kluck Partnership has executed an easement for said sanitary sewer. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves, accepts and consents to the dedication of easements for sanitary sewer and utilities on Lot 4 of Raven Oaks No. 2 and Lots 1 and 2 of Raven Oaks Place in the City of Dubuque, Iowa, copies of which are attached hereto, as required by Iowa Code Section 569.7. Section 2. The Mayor is hereby authorized Book 137 Regular Session, June 18, 2007 235 and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, adopted and approved this 18t" day of June, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 353-07 RESOLUTION DISPOSING OF INTEREST AND RELEASE A PORTION OF AN EXIST- ING 20-FOOT WIDE SANITARY SEWER EASEMENT, A 25-FOOT ACCESS AND UTILITY EASEMENT, AND A 5-FOOT UTILI- TY EASEMENT ON LOT 4 OF RAVEN OAKS NO. 2 AND LOTS 1 AND 2 OF RAVEN OAKS PLACE IN THE CITY OF DUBUQUE, DUBU- QUE COUNTY, IOWA Whereas, pursuant to resolution and pub- lished notice of time and place of hearing, pub- lished in the Telegraph Herald, a newspaper of general circulation published in the City of Du- buque, Iowa on the 8t" day of June, 2007, the City Council of the City of Dubuque, Iowa met on the 18t" day of June, 2007, at 6:30 p.m. in the Public Library Auditorium, 360 West 11t" Street, Dubuque, Dubuque County, Iowa to consider the proposal for the release of real estate described as: Real property described as a portion of an existing 20-foot wide sanitary sewer easement, a 25-foot access and utility easement, and a 5- foot utility easement on Lot 4 of Raven Oaks No. 2 and Lots 1 and 2 of Raven Oaks Place, in the City of Dubuque, Dubuque County, Iowa, as shown on the Exhibit Plat of ease- ments to be vacated, attached hereto. Whereas, the City Council of the City of Dubuque, Iowa, overruled any and all objec- tions, oral or written to the proposal to dispose of interest of the City of Dubuque, Iowa, in the hereinabove described real estate. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the disposal of the interest of the City of Dubuque, Dubuque County, Iowa, in real property described as a portion of an existing 20-foot wide sanitary sewer ease- ment, a 25-foot access and utility easement, and a 5-foot utility easement on Lot 4 of Raven Oaks No. 2 and Lots 1 and 2 of Raven Oaks Place, in the City of Dubuque, Iowa, as shown on the Exhibit Plat of easements to be va- cated, attached hereto be and the same is hereby approved for the cost of publication and filing fees. Section 2. The Mayor is hereby authorized and directed to execute a Release of Ease- ment and the City Clerk be and is hereby au- thorized and directed to deliver said Release to Kluck Partnership, upon receipt of the above fees. Section 3. That the City Clerk be and is he- reby authorized and directed to record a certi- fied copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, adopted and approved this 18t" day of June, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk York and Curtis Street Storm Sewer Im- provement Project: Proof of publication on notice of hearing to consider approval of the plans and specifications, form of contract, and estimated cost for the York and Curtis Street Storm Sewer Improvement Project and City Manager recommending approval. Motion by Michalski to receive and file the documents and adopt Resolution No. 354-07 Approving plans and specifications, form of contract, and estimated cost for the York and Curtis Street Storm Sewer Improvement Project. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 354-07 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE YORK AND CURTIS STORM SEWER IMPROVEMENTS 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 York and Curtis Storm Sewer Improvements Project, in the estimated amount $59,117.60, are hereby approved. Passed, adopted and approved this 18t" day of June, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Star Brewery Drive Construction Project: Proof of publication on notice of hearing to consider approval of the plans and specifica- tions, form of contract, and estimated cost for the Star Brewery Drive Construction Project and City Manager recommending approval. Motion by Connors to receive and file the doc- uments and adopt Resolution No. 355-07 Ap- proving plans and specifications, form of con- tract, and estimated cost for the Star Brewery Drive Construction Project. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 355-07 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR STAR BREWERY DRIVE CON- STRUCTION PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 236 Regular Session, June 18 2007 Book 137 DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Star Brewery Drive Construction Project, in the estimated amount $646,416, are hereby ap- proved. Passed, adopted and approved this 18t" day of June, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Kaufmann Avenue Alley Storm Sewer Construction Project: Proof of publication on notice of hearing to consider approval of the plans and specifications, form of contract, and estimated cost for the Kaufmann Avenue Alley Storm Sewer Construction Project. Motion by Cline to receive and file the documents and adopt Resolution No. 356-07 Approving plans and specifications, form of contract, and esti- mated cost for the Kaufmann Avenue Alley Storm Sewer Construction Project. Seconded by Jones. Motion carried 7-0. proposed amendment to Chapter 23 of the City of Dubuque Code of Ordinances to pro- vide for the procedure for declaring a public nuisance. Motion by Connors to receive and file the documents and that the requirement that a proposed Ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Jones. Motion carried 7-0. City Attorney Lindahl said that this ordinance amendment will conform the City Code of Ordinances to the Iowa Su- preme Court ruling which requires notice to the property owner and an opportunity to be heard in a quasi judicial proceeding if a declaration of a public nuisance is made by the City Council. Motion by Connors for final consideration and adoption of Ordinance No. 36-07 Amending the City of Dubuque Code of Ordinances Chapter 23 Nuisance, Section 23-43 Relating to the Procedure for the Declaration of a Public Nuisance. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 356-07 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE KAUFMANN ALLEY STORM SEWER CONSTRUCTION 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 Kaufmann Alley Storm Sewer Construction Project, in the estimated amount $42,703.00, are hereby approved. Passed, adopted and approved this 18t" day of June, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk REINSTATE THE RULES Upon motion the rules were reinstated li- miting discussion to the City Council. ACTION ITEMS Callahan Old 20 Subdivision: Zoning Advi- sory Commission recommending approval of the Preliminary Plat of Callahan Old 20 Subdi- vision as requested by Joel Callahan, Callahan Construction. Communication from Joel Callahan re- questing this item be tabled. Motion by Cline to receive and file the doc- uments and table. Seconded by Braig. Motion carried 7-0. Procedure for Declaring Public Nuisances: City Attorney recommending approval of a OFFICIAL PUBLICATION ORDINANCE NO. 36-07 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES CHAPTER 23 NUISANCE, SECTION 23-43 RELATING TO THE PRO- CEDURE FOR THE DECLARATION OF A PUBLIC NUISANCE Section 1. City of Dubuque Code of Ordin- ances § 23-43 is amended to read as follows: Sec. 23-43. Public Nuisances Prohibited; Authority To Abate: (a) The creation, maintenance, or continuation of a public nuisance is hereby declared unlawful and is pro- hibited. (b) Upon application of the City Manager for a declaration of a nuis- ance, the City Council, after notice to the property owner of the grounds therefore, shall hold a hearing on the application as provided in § 1-30, et seq. of this Code. Upon declaration of a nuisance, the City Council may di- rect the City Manager to abate or cause to be abated public nuisances in any manner authorized by law, in- cluding, but not limited to, Chapter 1, Article II of this Code. Section 2. This Ordinance shall take effect on publication. Passed, approved and adopted the 18t" day of June, 2007. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald Newspaper the 27t" day of June, 2007. /s/Jeanne F. Schneider, CMC, City Clerk Book 137 Regular Session, June 18, 2007 237 Greater Dubuque Development Corpora- tion: Communication from the Greater Dubu- que Development Corporation requesting ap- pointments to the Greater Dubuque Develop- ment Corporation Board of Directors. Motion by Connors to appoint Mayor Buol, City Man- ager Van Milligen, and Economic Development Director David Heiar to the Greater Dubuque Development Corporation Board of Directors. Seconded by Jones. Motion carried 7-0. Motion by Connors to appoint Council Members Cline and Lynch to the Greater Du- buque Development Corporation Board of Di- rectors. Seconded by Braig. Michalski noted that Council members should be cognizant of their attendance records regarding their vari- ous board appointments. Motion carried?-0. Grand River Center Carpet Replacement Project: City Manager recommending award of the contract for the Grand River Center Carpet Replacement Project to Commercial Flooring Company in the amount of $114,245. Motion by Michalski to receive and file the documents and adopt Resolution No. 357-07 Awarding public improvement contract for the Grand River Center Carpet Replacement Project. Seconded by Connors. Michalski said she was disappointed in the degree of mistakes in the bid. Motion carried 7-0. RESOLUTION NO. 357-07 AWARDING CONTRACT WHEREAS, sealed proposals have been submitted by contractors for the Grand River Center Carpet Replacement Project pursuant to Resolution No. 259-07, and notice to bid- ders published in a newspaper published in the City of Dubuque, Iowa, on the11th day of May, 2007. WHEREAS, said sealed proposals were opened and read on the 7th day of June, 2007, and it has been determined that the bid of Commercial Flooring Company in the amount of $114,245 was the lowest bid for the furnish- ings of all labor and materials and performing the work as provided for in the plans and spe- cifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above improve- ment be awarded to Commercial Flooring Company, and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to re- turn the bid deposits of the unsuccessful bid- ders. Passed, approved and adopted this 18th day of June, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk COUNCIL MEMBER REPORTS Mayor Buol asked Assistant City Manager Cindy Steinhauser to give a report on the re- cent All America City award presentation. Steinhauser provided a brief history of the ap- plication process and how the City engaged citizens and organizations to gather informa- tion about what makes Dubuque an All Ameri- ca City. The community's collaboration efforts and youth programs were emphasized along with the City's diversity, downtown revitaliza- tion and the Port of Dubuque projects. The City's spirit of collaboration and the projects' sustainability were apparent in the delegation's presentation and she thanked everyone in- volved for their excitement and input. Michalski emphasized the presence of elected officials in the winning presentation. Lynch commended Steinhauser for her detailed planning and faci- litation of the presentation. CLOSED SESSION Upon motion the City Council convened in special session at 8:15 p.m. pending litigation and property acquisition pursuant to Chapter 21.5(1)(c)(j) 2007 Code of Iowa Upon motion and having given staff proper direction, the City Council reconvened to regu- larsession at 8:24 p.m. There being no further business, upon mo- tion the meeting adjourned at 8:25 p.m. /s/Kevin S. Firnstahl Assistant City Clerk 238 Regular Session, July 2, 2007 Book 137 CITY OF DUBUQUE, IOWA CITY COUNCIL OFFICIAL PROCEEDINGS The Dubuque City Council met in regular session at 6:30 p.m. on July 2, 2007, in the Public Library Auditorium Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michals- ki, City Manager Van Milligen; City Attorney Lindahl damage; Michael C. Hogan for personal in- jury/property damage; Zachary Mattison for vehicle damage. City Attorney recommending settlement of the claim of Gansen Excavating, Inc., and di- recting the Finance Department to issue pay- ment. Upon motion the documents were re- ceived, filed, and concurred. Four Mounds Public Improvement Project: Communication from the Historic Preservation Commission recommending approval of a let- ter of support for the Four Mounds Foundation Public Improvement Project. Upon motion the documents were received, filed, and approved. Invocation was provided by Reverend Wayne Ressler, St. Raphael's Cathedral PROCLAMATION Dubuque Drum and Bugle Corps Music on the March and Music, July 6, 2007, and Music on the March II, July 26, 2007 PRESENTATION 2007 Program of the Year Award for the HEART Program Partnership was presented to City Manager Van Milligen by City Manager Tim Vick of Manchester, Iowa, on behalf of the Iowa City/County Management Association. CONSENT ITEMS Motion by Cline to receive and file the doc- uments and dispose of as indicated. Seconded by Lynch. Cline requested (#13) Dubuque Drum and Bugle Corps be held for separate discussion. Motion carried 7-0. Minutes and Reports Submitted: City Council of 6/18; Long Range Planning Advi- sory Commission of 6/20: and Proof of publica- tion of City Council Proceedings of June 4, 2007. Upon motion the documents were re- ceived and filed. Notice of Claims/Suits: Beth Hilkin for property damage; Michael Hogan for property damage; Roger Jones for vehicle damage; Zachary Mattison for vehicle damage; Wells Fargo Bank vs. City of Dubuque, et al; Paul Schiffman for vehicle damage; Helen Sherman for personal injury; Lisa Huinker for property damage. Upon motion the documents were received, filed, and referred to the City Attor- n ey. City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Com- munities Assurance Pool: Jeff Brimeyer for property damage; Roger Jones for vehicle John F. Kennedy Sidewalks: Communica- tion from Nancy McKillip in opposition to the installation of sidewalks on the east side of John F. Kennedy Road. Upon motion the doc- uments were received and filed. Bi-Lingual Bike/Hike Trail Signage Project: City Manager recommending approval of the submission of an Iowa Department of Recreation Trails Grant application in the amount of $91,000 for the Bi-Lingual Bike/Hike Trail Signage Project. Upon motion the docu- ments were received and filed, and Resolution No. 358-07 Approving the submittal of an ap- plication for State Recreational Trails Program funding to the Iowa Department of Transporta- tion for the Bi-Lingual Bike/Hike Trail Signage Project was adopted. RESOLUTION NO. 358-07 RESOLUTION APPROVING THE SUBMIT- TAL OF AN APPLICATION FOR STATE RE- CREATIONAL TRAILS PROGRAM FUNDING TO THE IOWA DEPARTMENT OF TRANS- PORTATION FOR THE BI-LINGUAL BIKE/HIKE TRAIL SIGNAGE PROJECT Whereas, the Iowa Department of Trans- portation has announced the availability of State Recreational Trails Program Funding; and Whereas, design, engineering and con- struction costs for pedestrian and bicycle facili- ties are eligible activities for this funding; and Whereas, the City has adopted a Compre- hensive Plan that identifies acommunity-wide bike/pedestrian network. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Planning Services is autho- rized to sign and submit this grant application to the Iowa Department of Transportation for State Recreational Trails Program Funding for the Bi-Lingual Bike/Hike Trail Signage Project. Section 2. That in the event said applica- tion is approved, the City Council hereby pro- vides its written assurance that the completed Book 137 Regular Session, July 2, 2007 239 project will be adequately maintained for its intended use in accordance with state re- quirements. Passed, approved and adopted this 2nd day of July 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Population in Annexed Areas: City Manag- er recommending approval of the certification of population in areas annexed into the City of Dubuque since the 2000 Census, as required by State law. Upon motion the documents were received and filed. United States Department of the Interior: Communication from Stephen E. Whitesell, National Park Centennial Coordinator, to Sen- ator Charles E. Grassley regarding his support for the Mississippi River Trail as a National Park Centennial project. Upon motion the doc- uments were received and filed. Fiscal Year 2008 Annual Action Plan - Amendment #1: City Manager recommending approval of Amendment #1 to the Fiscal Year 2008 (Program Year 2007) Annual Action Plan for the use of Community Development Block Grant (CDBG) program funds. Upon motion the documents were received and filed, and Resolution No. 359-07 Approving Amendment #1 to the Fiscal Year 2008 (Program Year 2007) Annual Action Plan for Community De- velopment Block Grant funds was adopted. RESOLUTION NO. 359-07 RESOLUTION APPROVING AMENDMENT 1 TO THE FISCAL YEAR 2008 (PROGRAM YEAR 2007) ANNUAL ACTION PLAN FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. Whereas, the City of Dubuque has pre- pared and approved an Annual Plan for Fiscal Year 2008 (Program Year 2007), and Whereas, the City now desires to amend said FY 2008 Annual Plan to reflect the re- duced FY 2008 CDBG allocation as per the attached Exhibit A; and Whereas, said amendment is a substantial amendment as provided in the City's Citizen Participation Plan and must therefore be ap- proved by resolution of the City Council after a public hearing by the Community Develop- ment Advisory Commission; and Whereas, the City held a public comment period beginning May 12, 2007 with publica- tion in the Telegraph Herald and on the City website; and Whereas, the Community Development Advisory Commission reviewed the proposed amendment on June 13, 2007 and 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 Amendment 1 to the Fiscal Year 2008 (Program Year 2007) Annual Plan for the Community Development Block Grant (CDBG) program hereto attached as Exhibit A is hereby approved. Section 2. That the City Manager is hereby authorized and directed to submit a copy of this resolution to the U. S. Department of Housing and Urban Development. Passed, approved and adopted this 2nd day of July 2007. Roy D Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Iowa Department of Economic Develop- ment: City Manager recommending approval of a technical assistance contract with the Iowa Department of Economic Development for purposes of administration of the lead paint hazard reduction program. Upon motion the documents were received, filed, and approved. Asbury Road Widening at Sam's Club: City Manager recommending acceptance of the dedication of right-of-way and Grant of Ease- ment for storm sewer and traffic signals needed for construction of an additional east- bound lane on Asbury Road by Sam's Club. Upon motion the documents were received and filed, and Resolution No. 360-07 Accept- ing aconveyance of easements over part of Lot 1 of Pfohl Farm to the City of Dubuque; Resolution No. 361-07 Approving the acquisi- tion plat of a part of Lot 1 of Pfohl Farm in the City of Dubuque, Dubuque County, Iowa, and accepting the dedication of right-of-way for Asbury Road; and Resolution No. 362-07 Ap- proving the acquisition plat of a part of Lot 2 of 2 of Pfohl Farm in the City of Dubuque, Dubu- que County, Iowa, and accepting the dedica- tion of right-of-way for Asbury Road were adopted. RESOLUTION NO. 360-07 ACCEPTING A CONVEYANCE OF EASE- MENTS OVER PART OF LOT 1 OF PFOHL FARM TO THE CITY OF DUBUQUE Whereas, the City of Dubuque entered into an Agreement with Plastic Center, Inc. pur- suant to which Plastic Center, Inc. agreed to convey easements for storm sewer and traffic signals over part of Lot 1 of Pfohl Farm in the City of Dubuque, Iowa, as shown on the Ac- quisition Easement and Plat thereof; and Whereas, Plastic Center, Inc. has executed a conveyance of said property. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of 240 Regular Session, July 2, 2007 Book 137 Dubuque, Iowa, hereby approves, accepts and consents to the Grant of Easement for Storm Sewer and Traffic Signals from Plastic Center, Inc., copies of which are attached hereto, as required by Iowa Code Section 569.7. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, adopted and approved this 2nd day of July, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 361-07 A RESOLUTION APPROVING THE ACQUI- SITION PLAT OF A PART OF LOT 1 OF PFOHL FARM IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA, AND ACCEPT- ING THE DEDICATION OF RIGHT-OF-WAY FOR ASBURY ROAD Whereas, the City of Dubuque entered into a Development Agreement with Plastic Center, Inc. pursuant to which they agreed to survey, plat, and dedicate right-of-way along the south side of Asbury Road to the City of Dubuque; and Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, an Acquisition Plat of a part of Lot 1 of Pfohl Farm in the City of Dubuque, Iowa, prepared by Bu- esing & Associates; and Whereas, upon said plat of Lot A of Pfohl Farm in the City of Dubuque, Dubuque Coun- ty, Iowa, appears right-of-way and public utility easements, which the owner, by said Acquisi- tion Plat, has dedicated to the public forever; and Whereas, the Acquisition Plat conforms to the laws and statues pertaining thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Lot A of Pfohl Farm in the City of Dubuque, Dubuque County, Iowa, for right-of-way and public utili- ties as they appear upon said Acquisition Plat, be and the same are hereby accepted. Section 2. That the Acquisition Plat is he- reby approved, and the Mayor and City Clerk are hereby authorized and directed to execute the Plat for and on behalf of the City of Dubu- que, Iowa. Section 3. That the City Clerk is hereby au- thorized and directed to file the Acquisition Plat and a certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa. Passed, adopted and approved this 2nd day of July, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 362-07 A RESOLUTION APPROVING THE ACQUI- SITION PLAT OF A PART OF LOT 2 of 2 OF PFOHL FARM IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA, AND ACCEPT- ING THE DEDICATION OF RIGHT-OF-WAY FOR ASBURY ROAD Whereas, the City of Dubuque entered into a Development Agreement with Plastic Center, Inc. pursuant to which they agreed to survey, plat, and dedicate right-of-way along the south side of Asbury Road to the City of Dubuque; and Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, an Acquisition Plat of a part of Lot 2 of 2 of Pfohl Farm in the City of Dubuque, Iowa, prepared by Buesing & Associates; and Whereas, upon said plat of Lot B of Pfohl Farm in the City of Dubuque, Dubuque Coun- ty, Iowa, appears right-of-way and public utility easements, which the owner, by said Acquisi- tion Plat, has dedicated to the public forever; and Whereas, the Acquisition Plat conforms to the laws and statues pertaining thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Lot B of Pfohl Farm in the City of Dubuque, Dubuque County, Iowa, for right-of-way and public utili- ties as they appear upon said Acquisition Plat, be and the same are hereby accepted. Section 2. That the Acquisition Plat is he- reby approved, and the Mayor and City Clerk are hereby authorized and directed to execute the Plat for and on behalf of the City of Dubu- que, Iowa. Section 3. That the City Clerk is hereby au- thorized and directed to file the Acquisition Plat and a certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa. Passed, adopted and approved this 2nd day of July, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Mobile Data Computers for Fire Apparatus: City Manager recommending approval of the selection of Racom to provide mobile data computers for fire apparatus. Upon motion the documents were received, filed, and approved. City of Asbury Voluntary Annexation: Ste- ven R. McCann, City Development Board Ad- ministrator, submitting the Filing of Written Decision in the matter of the City of Asbury Voluntary Annexation within the urbanized area of the City of Dubuque. Steven R. McCann, City Development Board Administrator, submitting the Findings of Book 137 Regular Session, July 2, 2007 241 Fact and Conclusions of Law and Determina- tion in the matter of the City of Asbury Volunta- ry Annexation including land without the con- sent of the owner and within the urbanized area of the City of Dubuque. Upon motion the documents were received and filed. Dubuque Drum and Bugle Corps: Commu- nication from Greg Orwoll, Executive Director of the Dubuque Drum and Bugle Corps, re- questing that the residential parking restric- tions around Senior High School and any noise ordinances be suspended on July 6 and July 26, 2007 to accommodate the Colts' an- nual Music on the March. Motion by Cline to receive, file, and approve the documents. Seconded by Braig. Cline reminded area resi- dents of the event. Motion carried 7-0. opened and read on the 14t" day of June, 2007 and it has been determined that Giese Sheet Metal Co., Inc. of Dubuque, Iowa, with a bid in the amount of $39,474.60, is the lowest res- ponsive, 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 Giese Sheet Metal Co., Inc. and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. Passed, approved and adopted this 2nd day of July, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 2007 Property Tax Appeal: Communication from the Office of the City Assessor advising that Catalin S. and loana V. Mamali have ap- pealed their 2007 property tax assessment to the Property Assessment Appeal Board in Des Moines. Upon motion the documents were received and filed. Alley between North Grandview Avenue and St. Ambrose Street: Communication from Leslie Furuseth and Lloyd Seaman, et al, re- questing that the City vacate the alley that is located between North Grandview Avenue and St. Ambrose Street. Communication from Kenneth J. Leppert, 2075 Sunnyview Drive, in opposition to the vacating and closing of the alley between North Grandview Avenue and St. Ambrose Street. Upon motion the documents were re- ceived, filed, and referred to the City Manager. Third Street Overpass Light Replacement Project: City Manager recommending award of the public improvement contract for the Third Street Overpass Lighting Project to Giese Sheet Metal Company, Inc., in the amount of $39,474.60. Upon motion the documents were received and filed, and Resolution No. 363-07 Awarding public improvement contract for the Third Street Overpass Light Replacement Project was adopted. RESOLUTION NO. 363-07 AWARDING PUBLIC IMPROVEMENT CON- TRACT FOR THE THIRD STREET OVER- PASS LIGHT REPLACEMENT PROJECT Whereas, sealed proposals have been submitted by contractors for the Third Street Overpass Light Replacement Project (the Project) pursuant to Resolution No. 288-07 and Notice to Bidders published in a newspa- per published in the City of Dubuque, Iowa on the 25t" day of May, 2007. Whereas, said sealed proposals were Pedestrian Wayfinding Sign System De- sign: City Manager recommending award of the public improvement contract for the Pede- strian Wayfinding Sign System Design Project to McCullough Creative, in the amount of $77,268. Upon motion the documents were received and filed, and Resolution No. 364-07 Awarding public improvement contract for the Pedestrian Wayfinding Sign System to McCul- lough Creative, in the amount of $77,268, was adopted. RESOLUTION NO. 364-07 AWARDING PUBLIC IMPROVEMENT CON- TRACT FOR THE PEDESTRIAN WAYFIND- ING SIGN SYSTEM PROJECT Whereas, sealed proposals have been submitted by contractors for the Pedestrian Wayfinding Sign System Project (the Project) pursuant to Resolution No. 302-07 and Notice to Bidders published in a newspaper published in the City of Dubuque, Iowa on the 25t" day of May, 2007. Whereas, said sealed proposals were opened and read on the 14t" day of June, 2007, and it has been determined that McCul- lough Creative of Dubuque, Iowa, with a bid in the amount of $77,268.00, is the lowest res- ponsive, 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 Insert McCul- lough Creative and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. Passed, approved and adopted this 2nd day of July, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 242 Regular Session, July 2, 2007 Book 137 Shelter + Care Program Contract: City Manager recommending approval of a contract with the US Department of Housing and Urban Development (HUD) for administration of the Shelter + Care program. Upon motion the documents were received, filed, and approved. I-Net Design and Planning Request for Proposal: City Manager recommending ap- proval of the issuance of a Request for Pro- posal for I-Net Design and Planning. Upon motion the documents were received, filed, and approved. Swiss Valley Farms: Communication from David Zwart, Swiss Valley Farms, requesting a waiver for the construction of sidewalks along their Jackson Street frontage. Upon motion the documents were received and filed and re- ferred to the City Manager. Improvement Contracts / Performance, Payment and Maintenance Bonds: Rush Street (Bryant -Villa) Reconstruction Project; Calendar Year 2007 Pavement Marking Project; and Asbury Plaza Area Wastewater Pumping Facilities Project. Upon motion the documents were received and filed, and Reso- lution No. 365-07 Approving public improve- ment contracts and bonds was adopted. RESOLUTION NO. 365-07 APPROVING PUBLIC IMPROVEMENT CONTRACTS AND BONDS Whereas, the City Council has awarded the following public improvement contracts: 1. By Resolution No. 304-07, Public Im- provement Contract for Rush Street (Bryant to Villa) Reconstruction Project; and 2. Public Improvement Contract for the Ca- IendarYear 2007 Pavement Marking Project to Selco, Inc.; and 3. By Resolution No. 305-07, Public Im- provement Contract for the Asbury Plaza Area Wastewater Pumping Facilities 2007 Project to McDermott Excavating; and Whereas, the Contractors have submitted the attached executed Public Improvement Contracts and bonds. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The Public Improvement Contracts and bonds attached hereto are hereby approved. Passed, approved and adopted this 2nd day of July, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Liquor License Transfer: Request of the National Mississippi River Museum to transfer their liquor license to the Alliant Amphithea- ter/Stone Cliff Parking Lot on August 1, 2007. Upon motion the documents were received, filed, and approved. Business Licenses: City Manager recom- mending approval of annual liquor license re- newals as submitted. Upon motion the docu- ments were received and filed, and Resolution No. 366-07 Granting the issuance of sixteen (16) renewal licenses to sell cigarettes and cigarette papers; Resolution No. 367-07 Grant- ing the issuance of a Class "C" Beer Permit to Oky Doky #14, Haun's Specialty Meats, and Cedar Cross Amoco; and Resolution No. 368- 07 Granting the issuance of a Class "C" Beer/Liquor License to Knicker's Saloon, House of China, Diamond Jo Casino Portside, Murphs Southend Tap and American Legion Post #6; a Class "B" Wine Permit to Haun's Specialty Meats; a Class "WBN" Native Wine Permit to Haun's Specialty Meats; a Special Class "C" Liquor License to Jorja's Restaurant; and a Special Class "C" Liquor (5-Day Special Event) to Four Mounds Foundation were adopted. RESOLUTION NO. 366-07 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: That the following having complied with the provisions of law relating to the sale of Ciga- rettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Ciga- rette Papers within said City. 16 RENEWALS Bootlegger's Pub, Bootlegger's Pub Inc, 1689 Elm Street Diamond Jo Casino, Diamond Jo, Inc, 400 E 3~d Street Hartig Drug # 2, Hartig Drug Company, 157 Locust Street Hartig Drug # 3, Hartig Drug Company, 2255 J.F.K. Road Hartig Drug # 4, Hartig Drug Company, 2225 Central Avenue Hartig Drug # 8, Hartig Drug Company, 1600 University Avenue Keywest Conoco, Rainbo Oil Company, 2150 Twin Valley Kwik Stop, Rainbo Oil Company, 2390 Central Avenue Kwik Stop, Rainbo Oil Company, 2320 Hwy 61 Kwik Stop, Rainbo Oil Company, 2255 Kerper Blvd. Kwik Stop, Rainbo Oil Company, 4039 Pennsylvania Kwik Stop, Rainbo Oil Company, 2335 University Avenue Lucky 13, David Erickson, 385 E. 13t" St Oky Doky # 8, Hill St Plaza, 535 Hill St Oky Doky # 14, Kristina Chapman, 1050 University Avenue Book 137 Regular Session, July 2, 2007 243 West Locust Mart, Lee Potter Sr, 408 W Locust Street Passed, approved and adopted this 2nd day of July, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 367-07 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been ex- amined 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 K-Cap Foods, Inc., Oky Doky # 14+(Sunday Sale), 1050 University Ave. Early Times Haun's Specialty Meats+(Sunday Sale), 3033 Asbury Rd LB Metcalf, Inc, Cedar Cross Amo- co+(Sunday Sale), 1200 Cedar Cross Passed, approved and adopted this 2nd day of July, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 368-07 Whereas, applications for Liquor Licenses have been submitted to this Council for ap- proval 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 Ordin- ances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS "C" BEER/LIQUOR LICENSE Curtis Gerhard, Knicker's Saloon+(Sunday Sale), 2186 Central Avenue House of China Co., House of Chi- na+(Sunday Sale), 170 J.F.K. Road Diamond Jo LLC, Diamond Jo Casino Portside+(Sunday/Outdoor), 400 E. 3rd Street Pamela Murphy, Murphs Southend Tap, 55 Locust Street DBQ American Legion, American Legion Post # 6+(Sunday Sale), 1306 Delhi Street CLASS "B" WINE Early Times, Haun's Specialty Meats, 3033 Asbury Road CLASS "WBN" NATIVE WINE Early Times, Haun's Specialty Meats, 3033 Asbury Road SPECIAL CLASS "C" LIQUOR Jorja Restaurant Inc, Jorja Restaurant, 3130 Jackson Street SPECIAL CLASS "C" LIQUOR (5 DAY SPECIAL EVENT) 4 Mounds Foundations, Four Mounds Foundation, Alliant Amphitheater Passed, approved and adopted this 2nd day of July, 2007. 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, set the public hearings as speci- fied, adopt the resolutions and direct the City Clerk to publish notice in the manner pre- scribed by law. Seconded by Connors. Motion carried 7-0. CIPP Lining Project: City Manager recom- mending initiation of the public bidding process for the CIPP Lining Project and that a public hearing on the plans and specifications, form of contract, and estimated cost be set for July 16, 2007. Upon motion the documents were received and filed, and Resolution No. 369-07 Preliminary approval of plans and specifica- tions, form of contract, and estimated cost; setting date of public hearing on plans and specifications, form of contract, and estimated cost; and ordering the advertisement for bids for the CIPP Lining Project was adopted set- ting apublic hearing for July 16, 2007, at a meeting to commence at 6:30 p.m. in the Pub- lic Library Auditorium. RESOLUTION NO. 369-07 2007 SEWER CIPP LINING PROJECT PRE- LIMINARY APPROVAL OF PLANS, SPECI- FICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICA- TIONS, FORM OF CONTRACT, AND ESTI- MATED COST; AND ORDERING THE AD- VERTISEMENT 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 2007 Sew- er CIPP Lining Project, in the estimated amount $206,781.96, 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 16t" day of July, 2007, at 6:30 p.m. in the Public Library Auditorium at which time interested 244 Regular Session, July 2, 2007 Book 137 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 esti- mated cost of the Project. The 2007 Sewer CIPP Lining Project is he- reby ordered to be advertised for bids for con- struction. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bid- ders hereby approved. The City Clerk is hereby directed to adver- tise for bids for the construction of the im- provements herein provided, by publishing the attached Notice to Bidders to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four but not more than forty-five days before the date for filing bids before 2:00 p.m. on the 26t" day of July, 2007. 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 6t" day of August, 2007, in the Public Library Auditorium, 360 West 11t" Street, Dubuque, Iowa. Passed, adopted and approved this 2nd day of July, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Dubuque Community Ice and Recreational Center: City Manager recommending that a public hearing be set for July 16, 2007 to con- sider approval of a lease agreement with Du- buque Community Ice and Recreational Cen- ter for a section of the McAleece Park and Recreation Complex. Upon motion the docu- ments were received and filed, and Resolution No. 370-07 Resolution of Intent to dispose of an interest in real property by lease agreement with Dubuque Community Ice and Recreation- al Center was adopted setting a public hearing for July 2, 2007 at a meeting to commence at 6:30 p.m. in the Public Library Auditorium. RESOLUTION NO. 370-07 RESOLUTION OF INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY BY LEASE AGREEMENT WITH DUBUQUE COMMUNITY ICE & RECREATIONAL CEN- TER WHEREAS, the City of Dubuque, Iowa (City) is the owner of the following described real estate (the Property): A part of an unplat- ted slough and parts of Mineral Lots 298 and 299 south and west of Admiral Sheehy Drive in the Northwest Quarter of the Northeast Quar- ter of Fractional Section 19, Township 89 North, Range 3 East of the 5th Principal Meri- dian in the City of Dubuque, Dubuque County, Iowa shown on Exhibit A-1 attached hereto; and WHEREAS, Dubuque Community Ice & Recreational Center, an Iowa Corporation the Dubuque County Historical Society desires to lease the Property for the construction and operation of an ice rink as set forth in the Lease Agreement attached hereto; and WHEREAS, the City Council has tentatively determined that it would be in the best interests of the City to enter into the Lease Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The City of Dubuque intends to dispose of its interest in the Property by Lease Agreement, a copy of which is attached hereto. Section 2. The City Clerk is hereby autho- rized and directed to cause this Resolution and a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City's intent to dispose of the foregoing~- described real property, to be held on the 16" day of July, 2007, at 6:30 o'clock p.m. at the Public Library Auditorium, 11th & Locust, Dubu- que, Iowa. Passed, approved and adopted this 2nd day of July, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Individual Historic Designation - 40-42 Main: Communication from the Long Range Planning Advisory Commission recommending that a public hearing be set for August 20, 2007 to consider approval of the Individual Historic Designation of 40-42 Main Street. Upon motion the documents were received and filed, and a public hearing was set for Au- gust 20, 2007, at a meeting to commence at 6:30 p.m. in the Public Library Auditorium. BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions: Historic Preservation Commission: (Two 3- year expired terms through July 1, 2010 - terms of Stuart and Whalen). Applicants: Dave Stuart, John Whalen Investment Oversight Advisory Commis- sion: (Two 3-year expired terms through July 1, 2010 -terms of Ruden and Reisdori). Ap- plicants: Stephen Reisdorf, Gary Ruden Book 137 Regular Session, July 2, 2007 245 Long Range Planning Advisory Commis- sion: (Two 3-year expired terms through July 1, 2010 -terms of Winterwood and Pro- chaska). Applicants: Dr. Charles Winterwood, James Prochaska TV Cable Teleprogramming Commission: (One 3-year expired term through June 30, 2010 -term of Everist). Applicant: Burton Everist Zoning Advisory Commission: (Two 3-year expired terms through July 1, 2010 -terms of Bird and Stiles). Applicants: Eugene Bird, Jeff Stiles. Applicants Eugene Bird and Jeff Stiles spoke in support of their re-appointment. Appointments were made to the following Boards/Commissions: 175t" Anniversary Cele- bration Coordinating Committee. Fifteen Mem- ber Ad Hoc Committee, Temporary Terms (1 High School Student, 2 Young Professionals, 1 Historical Society Representative, 1 Chamber of Commerce Representative, 1 Arts Commis- sioner, 1 Telegraph Herald Representative, 1 Education Representative, 6 Citizen Repre- sentatives) Applicants: High School Student (1) - No applicants Young Professionals (2). Applicants: Amanda Brechler, Scott Frost, Brooke Gass- man, Susan Hess, Jennifer Lien, Lindsey McNeeley-Moeller, Christopher Wand, Tammy Welbes, Marcie Winkelman. Historical Society Representative (1). Ap- plicant: Meg Wall-Wild. Chamber of Commerce Representative (1). Applicant: Sue Czeshinski. Arts Commissioner (1): Applicants: Louise Kames, Amy Weber Telegraph Herald Representative (1): Ap- plicant: Diane Mohr Education Representative (1): Applicant: Gary Olsen Citizen Representatives (6): Wallace Brown, Susan Farber, Barbara Fisher, Michael Gibson, Bart Kintzinger, Joseph Rapp, Ralph Scharnau, Jennifer Tigges, Tammy Welbes, Katie Weidemann, this appointment also in- cluded any eligible applicant not already ap- pointed Upon vote Michalski moved to appoint Christopher Wand, Lindsey McNeeley-Moeller, Meg Wall-Wild, Sue Czeshinski, Amy Weber, Diane Mohr, Gary Olsen, Wallace Brown, Su- san Farber, Michael Gibson, Ralph Scharnau, Jennifer Tigges, and Katie Weidemann to temporary terms on the 175t" Anniversary Cel- ebration Coordinating Committee. Seconded by Connors. Motion carried 7-0. Communication from Susan M. Hess re- garding her application for the 175t" Anniver- sary Celebration Committee. Connors encouraged recruitment for the teen applicant. Library Board of Trustees: Four 4-year ex- pired terms through July 1, 2011 (Terms of Shubatt, Lindsay, Smith, and Avery). Appli- cants: Alan Avery, Susan Lindsay, Michael Shubatt, Kristen Smith. Motion by Michalski to appoint Alan Avery, Susan Lindsay, Michael Shubatt, Kristen Smith to 4-year expired terms through July 1, 2011. Seconded by Connors. Motion carried 7-0. Mechanical Board: One 3-year expired term through March 16, 2009 (Term of Geis- ler). Applicant: Todd Geisler. Motion by Con- nors to appoint Todd Giesler to a 3-year ex- pired term through March 16, 2009. Seconded by Lynch. Motion carried 7-0. PUBLIC HEARINGS Upon motion the rules were suspended al- lowing anyone to address the City Council. Port of Dubuque Parking Facilities Project: Proof of publication on notice of hearing to consider the plans and specifications, form of contract, and estimated cost for the Port of Dubuque Parking Facilities Project and City Manager recommending approval and further recommending that the revised bid date of July 25, 2007 be approved. Motion by Connors to receive and file the documents and adopt Resolution No. 371-07 Approving plans and specifications, form of contract, and estimated cost for the Port of Dubuque Parking Facilities Project and Resolution No. 372-07 Ordering the re-advertisement for bids for the Port of Dubuque Public Parking Facility Project. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 371-07 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE PORT OF DUBUQUE PUB- LIC PARKING FACILITY 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 Port of Dubuque Public Parking Facility Project, in the estimated amount $25,179,650.00, are hereby approved. Passed, adopted and approved this 2nd day of July, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 372-07 ORDERING THE RE-ADVERTISEMENT FOR BIDS FOR THE PORT OF DUBUQUE PUB- LIC PARKING FACILITY PROJECT Whereas, by Resolution No. 348-07, the City Council ordered the advertisement for bids for the Port of Dubuque Public Parking 246 Regular Session, July 2, 2007 Book 137 Facility Project (the Project) and fixed the date for filing bids as the 12t" day of July, 2007; and Whereas, the City Council believes it is in the public interest to extend the date for filing bids to the 25t" day of July, 2007. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the Port of Dubuque Public Parking Facility Project is hereby ordered to be re- advertised for bids for construction. BE IT FURTHER RESOLVED, that 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. That the City Clerk is hereby directed to re- advertise for bids for the construction of the improvements herein provided, by publishing the attached Notice to Bidders to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four but not more than forty-five days before the date for filing bids before 2:00 p.m. on the 25t" day of July, 2007. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council, at a special Council meeting, for final action at 5:00 p.m. on the 14t" day of August, 2007, in the Public Library Auditorium, 360 West 11th Street, Dubuque, Iowa. Passed, adopted and approved this 2nd day of July, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk REINSTATE THE RULES Upon motion the rules were reinstated li- miting discussion to the City Council. ACTION ITEMS Serenity Ridge -Preliminary Plat: Zoning Advisory Commission recommending approval of the preliminary plat of the Serenity Ridge Subdivision, with conditions. City Manager recommending that Condition #1 be retained as part of the approval of the Serenity Ridge Subdivision preliminary plat. Motion by Cline to receive and file the documents and approve the recommendations of the Zoning Advisory Commission and the City Manager. Seconded by Connors. John Herrig, 13668 Surrey Lane, requested that the condition be removed stat- ing that the speed limit should remain at 35 mph and that the road meets the 35 mph crite- ria. City Engineer Gus Psihoyos said that Pla- za Drive is currently 35 mph, but the road is designed for 45 mph, and that the average traffic speed on roads in the area is 40-45 mph. Braig said that citizens shouldn't pay for improvement of an intersection that a private developer will benefit from. She favored not removing the condition. City Manager Van Milligen said that the City has 294 miles of street and that it cannot all be constantly en- forced. He explained that HDR strongly sug- gested improving the sight distance, and also that he is not suggesting the City pay all of the cost of the improvement. Cline questioned why the City is making it convenient for people to go over the speed limit. Zoning Advisory Commission Vice Chairperson Jeff Stiles said the Commission was going on the recommen- dation of the City Manager and that is was a matter of safety. Michalski questioned if the intersection was safe at 35 mph. The required condition is for improvement of the intersection to meet the 45 mph criteria, but the posted speed limit remain at 35 mph. Jones favored increasing the safety of the intersection while not increasing the speed limit. Connors agreed that the bottom line is safety. Motion carried 7-0. Designation of Public Nuisance - 409 Burch Street: City Manager recommending that a hearing be set to determine whether 409 Burch Street is a public nuisance according to Chapters 23 and 26 of the Dubuque Code of Ordinances. Motion by Braig to set the hearing for 6:30 p.m. on Monday, August 27, 2007 in the Public Library Auditorium. Seconded by Cline. Michalski requested that the City Coun- cil be provided guidelines regarding the hear- ing. Motion carried 7-0. Cooper Management, LLC (Bricktown) Liquor License: City Manager recommending that a hearing date be set to consider a 21-day suspension of the Cooper Management, LLC liquor license for their operation at 299 Main Street that includes Stonewall Lounge, Brick- town Brewery and the Blackwater Grill. Motion by Cline to seta hearing at 6:30 p.m. on Wednesday, July 18, 2007, in the Public Li- brary Auditorium. Seconded by Braig. Motion carried 7-0. Fiscal Year 2008 Dubuque County REAP Plan: City Manager recommending approval of the City of Dubuque's update of the Fiscal Year 2008 Dubuque County REAP Plan, sub- mittal of the Fiscal Year 2008 REAP grant ap- plication of $200,000 for the Trolley Line Trail at Eagle Point Park and appointment of a City Council representative (currently Council Member Joyce Connors) to the REAP Commit- tee. Motion by Cline to receive and file the documents, adopt Resolution No. 373-07 Au- thorizing aREAP Grant Application to the Iowa Department of Natural Resources for Trolley Line Trail, and appoint Council Member Joyce Connors as the Council representative. Seconded by Jones. Connors thanked Plan- ning Services Manager Laura Carstens for her Book 137 Regular Session, July 2, 2007 247 hard work on the REAP Committee. Motion carried 7-0. Ice Harbor Transient Boat Dock Project. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 373-07 RESOLUTION AUTHORIZING A REAP GRANT APPLICATION TO THE IOWA DE- PARTMENT OF NATURAL RESOURCES FOR TROLLEY LINE TRAIL Whereas, the City of Dubuque has identi- fied the Trolley Line Trail as an important recr- eational facility to be developed as part of the City's commitment to a citywide bike/hike net- work adopted by the City of Dubuque in 1995; and Whereas, the Iowa Department of Natural Resources has allocated grant funds in the REAP (Resource Enhancement and Protec- tion) Program for the development of bike/hike trails; and Whereas, the City of Dubuque has adopted a Comprehensive Plan that includes goals for development of bike/hike trails. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Mayor hereby is authorized to sign and the Planning Services Manager is hereby authorized to submit an application to the Iowa Department of Natural Resources for REAP funds for the Trolley Line Trail. Section 2. That in the event said applica- tion is approved, the City Council hereby pro- vides its written assurance that the completed project will be adequately maintained for its intended use in accordance with state re- quirements. Passed, approved and adopted this 2nd day of July 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Identification Signs at the Dubuque Tech- nology Park: City Manager recommending approval of Design Option 4 submitted by Lange Sign Group of Dubuque as the design style for the Dubuque Technology Park. Mo- tion by Jones to receive and file the docu- ments and approve. Seconded by Cline. Mo- tion carried 7-0. Ice Harbor Transient Boat Dock Project: City Manager recommending award of the public improvement contract for the Ice Harbor Transient Boat Dock Project to the only bidder, Newt Marine Service, in the amount of $520,546.71, for the Alternate Bid -Floating Docks with Composite Decking and further recommending that staff be authorized to re- view value engineering design alternatives to evaluate project cost saving opportunities. Motion by Cline to receive and file the docu- ments and adopt Resolution No. 374-07 Awarding public improvement contract for the RESOLUTION NO. 374-07 AWARDING PUBLIC IMPROVEMENT CON- TRACT FOR THE PORT OF DUBUQUE - ICE HARBOR TRANSIENT BOAT DOCK FACILITY PROJECT Whereas, sealed proposals have been submitted by contractors for the Port of Dubu- que -Ice Harbor Transient Boat Dock Facility Project (the Project) pursuant to Resolution No. 328-07 and Notice to Bidders published in a newspaper ~ublished in the City of Dubuque, Iowa on the 5"day of June, 2007. Whereas, said sealed proposals were opened and read on 21St day of June, 2007 and it has been determined that Newt Marine Service of Dubuque, Iowa, with a bid in the amount of $520,546.71, is the lowest respon- sive, 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 Newt Marine Service and the City Manager is hereby di- rected to execute a Public Improvement Con- tract on behalf of the City of Dubuque for the Project. Passed, approved and adopted this 2nd day of July, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Decorative Concrete Repair and Mainten- ance Project: City Manager recommending that some of the elements of the Decorative Concrete Repair and Maintenance Project be delayed for a future project and that the re- maining elements be awarded to Tschiggfrie Excavating in the amount of $227,449.45. Mo- tion by Lynch to receive and file the docu- ments and adopt Resolution No. 375-07 Awarding public improvement contract for the Decorative Concrete Repair and Maintenance Project. Seconded by Jones. RESOLUTION NO. 375-07 AWARDING PUBLIC IMPROVEMENT CON- TRACT FOR THE DECORATIVE CONCRETE REPAIR AND MAINTENANCE PROJECT Whereas, sealed proposals have been submitted by contractors for the Decorative Concrete Repair and Maintenance Project (the Project) pursuant to Resolution No. 285-07 and Notice to Bidders published in a newspa- per published in the City of Dubuque, Iowa on the 25t" day of May, 2007. Whereas, said sealed proposals were opened and read on the 21St day of June, 2007 and it has been determined that Tschiggfrie Excavating, Inc. of Dubuque, Iowa, with a bid 248 Special Session, July 9, 2007 Book 137 in the amount of $227,449.45, 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 Tschiggfrie Ex- cavating, Inc. and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. Passed, approved and adopted this 2nd day of July, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk COUNCIL MEMBER REPORTS Jones requested that staff look into the left turn visibility at the NW Arterial and Asbury Road intersection. He said there is no visibility for the left turn and suggested replacing the left turn on green with a green arrow only. City Engineer Gus Psihoyos said that staff has met with IDOT to discuss concerns on that inter- section as well as other intersections on the NW Arterial. An action plan has been devel- oped. CITY OF DUBUQUE, IOWA CITY COUNCIL OFFICIAL PROCEEDINGS Special Session, July 9, 2007 Council met at 5:00 p.m., City Hall Confe- rence Room B Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michals- ki, City Manager Van Milligen Mayor Buol read the call and stated this was a Special Session of the City Council called for the purpose of conducting a closed session in accordance with Chapter 21.5 (1)(i) of the Code of Iowa. Upon motion Council went into Closed Session in accordance with Ch. 21.5 1(i) 2005 Code of Iowa, to evaluate the professional competency of an individual whose appoint- ment, hiring, performance or discharge is be- ing considered when necessary to prevent needless and or irreparable injury to that indi- vidual's reputation and that individual has re- quested aClosed Session. There being no further business, upon mo- tion the City Council adjourned at 7:53 p.m. /s/Jeanne F. Schneider, CMC City Clerk City Manager Van Milligen left the Closed Session at 5:58 p.m. Council reconvened in Regular Session at 6:07 p.m., indicating the evaluation had been completed. There being no further business, Cline moved to adjourn. Seconded by Lynch. Motion carried 7-0. The meeting adjourned at 6:08 p. m. /s/Jeanne F. Schneider, CMC City Clerk Book 137 Regular Session, July 16, 2007 249 CITY OF DUBUQUE, IOWA CITY COUNCIL OFFICIAL PROCEEDINGS The Dubuque City Council met in regular session at 6:30 p.m. on July 16, 2007, in the Public Library Auditorium. Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michals- ki, 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 Council. Invocation was provided by Joan Hauge, Interim Pastor, St. John's Lutheran Church PROCLAMATIONS and filed. Notice of Claims/Suits: Lisa Bowers for property damage; William Brown for property damage; Leonard/Helen McIntire for vehicle damage; Ann Till for property damage; Julie Welter for property damage; Joan M. Over- house for property damage; Tracey Little for property damage. Upon motion the documents were received and filed and referred to the City Attorney. North Grandview Estates Sanitary Sewer and Watermain Project: City Manager recom- mending acceptance of the North Grandview Estates Sanitary Sewer and Watermain Project as completed by Connolly Construction in the final contract amount of $262,284.55. Upon motion the documents were received and filed and Resolution No. 376-07 Accepting the North Grandview Estates Sanitary Sewer and Watermain Project and authorizing the payment of the contract amount to the contrac- torwas adopted. Dubuque County Fair Week (July 24 -July 29, 2007) was accepted by Jamie Blum, Gen- eral Manager, Dubuque County Fair; Tour de Dubuque Day (August 25, 2007) was accepted by Mike Martin, Gene Rokusek, and Duane Shumacher of Freedom Riders; United Way Campaign Time (August 8 -October 31, 2007) was accepted by Campaign Chair Jim Nor- mandin, 16506 Coventry Lane. CONSENT ITEMS Motion by Cline to receive and file the doc- uments and dispose of as indicated. Seconded by Lynch. Braig requested (#14) Free Keyline Bus Rides for School Students be held for separate discussion. Cline requested (#32) Cooper Management Company Liquor License Subpoenas be held for separate discussion. Motion carried 7-0. Minutes and Reports Submitted: Building Code Board of Appeals of 6/19; Cable TV Te- leprogramming Commission of 6/12; City Council of 7/2 and 7/9; Civil Service Commis- sion of 5/15; Historic Preservation Commission of 6/21; Housing Commission of 6/25; Human Rights Commission of 6/11; Park and Recreation Commission of 6/12; Zoning Advi- sory Commission of 7/5; Zoning Board of Ad- justment of 6/28. Proofs of publication of City Council Pro- ceedings of June 18, 2007 and List of Claims and Summary of Revenues for month ending May 31, 2007 Library Board of Trustees Update from meeting of June 28, 2007 Upon motion the documents were received RESOLUTION NO. 376-07 ACCEPTING THE NORTH GRANDVIEW ES- TATES - SANITARY SEWER & WATER MAIN PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the North Grandview Estates -Sanitary Sewer & Water Main Project (the Project) has been completed and the City Manager has examined the work and filed a certificate stat- ing that the Project has been completed ac- cording to the terms of the Public Improvement Contract and that the City Manager recom- mendsthat the Project be accepted; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Manager is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the Sa- nitary Sewer, Internal Main Capital Improve- ment Project, Sewer Extensions, New Devel- opment Capital Improvement Project, and Wa- ter Internal Main, New Developments Capital Improvement Project, and the Revolving Loan Fund appropriations for the contract amount of $262,284.55 ($193,685.30 for the sanitary sewer portion and $68,599.25 for the water main portion) 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. Passed, approved and adopted this 16t" day of July, 2007. 250 Regular Session, July 16, 2007 Book 137 Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE NORTH GRAND- VIEW ESTATES -SANITARY SEWER & WATER MAIN PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the sanitary sewer and water main portions of the North Grandview Estates- Sanitary Sewer & Water Main 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 $262,284.55. Dated this 16t" day of July, 2007. Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 16t" day of July, 2007. Jeanne F. Schneider, CMC, City Clerk accordance with the provisions of Iowa Code chapter 573. Passed, approved and adopted this 16t" day of July, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE REEDER AND LOIS STREET SANITARY SEWER PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Reeder and Lois Street Sanitary Sewer Project, that the Project has been per- formed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $51,234.34. Dated this 16t" day of July. 2007. Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 16t" day of July, 2007. Jeanne F. Schneider, CMC, City Clerk Reeder and Lois Street Sanitary Sewer Construction Project: City Manager recom- mending acceptance of the Reeder and Lois Street Sanitary Sewer Construction Project as completed by WC Stewart Construction, Inc., in the final contract amount of $39,978.84. Upon motion the documents were received and filed and Resolution No. 377-07 Accepting the Reeder and Lois Street Sanitary Sewer Construction Project was adopted. RESOLUTION NO. 377-07 ACCEPTING THE REEDER AND LOIS STREET SANITARY SEWER PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRAC- TOR Whereas, the Public Improvement Contract for the Reeder and Lois Street Sanitary Sewer Project (the Project) has been completed and the City Manager 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 Manager recommends that the Project be ac- cepted; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Manager is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the Reeder and Lois Street Storm Sewer Capital Improvement Project and Sanitary Sewer General Repairs Capital Improvement Project appropriations for the contract amount of $39,978.84 less any retained percentage pro- vided for therein as provided in Iowa Code chapter 573, and to pay such retainage only in Port of Dubuque Storm Sewer Extension, Phase V Project: City Manager recommending acceptance of the Port of Dubuque Storm Sewer Extension, Phase V Project as com- pleted by Tschiggfrie Excavating Company, in the final contract amount of $129,037.42. Upon motion the documents were received and filed and Resolution No. 378-07 Accepting the Port of Dubuque Storm Sewer Extension, Phase V Project was adopted. RESOLUTION NO. 378-07 ACCEPTING THE PORT OF DUBUQUE STORM SEWER EXTENSION-PHASE V PROJECT AND AUTHORIZING THE PAY- MENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Port of Dubuque Storm Sewer Exten- sion - Phase V Project (the Project) has been completed and the City Manager has ex- amined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Con- tract and that the City Manager recommends that the Project be accepted; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Manager is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the Port of Dubuque Storm Sewer Extension -Phase V Project appropriation for the contract amount of $129,037.42 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 Book 137 Regular Session, July 16, 2007 251 chapter 573. Passed, approved and adopted this 16t" day of July, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE PORT OF DUBUQUE STORM SEWER EXTENSION -PHASE V PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Port of Dubuque Storm Sewer Extension - Phase V 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 $147,569.47. Dated this 16t" day of July, 2007. Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 16t" day of July, 2007. Jeanne F. Schneider, CMC, City Clerk Cedar Lake Plaza: City Manager recom- mending acceptance of the public improve- ments which the developers, Richard V. and Charlene L. Hansel, have recently completed in Cedar Lake Plaza. Upon motion the docu- ments were received and filed and Resolution No. 379-07 Accepting public improvements in Cedar Lake Plaza was adopted. RESOLUTION NO. 379-07 ACCEPTING PUBLIC IMPROVEMENTS IN CEDAR LAKE PLAZA Whereas, pursuant to Resolution No. 287- 01, certain public improvements including street paving with curb, sanitary sewer main, watermain, storm sewers and catch basins, boulevard street lighting, and sanitary sewer pumping station were installed by the develop- er of Cedar Lake Plaza; and Whereas, the improvements have been completed and the City Manager has ex- amined the work and has filed a certificate stating that the same has been completed in accordance with the plans approved by the City Council and in conformance with City specifications, and has recommended that the improvements be accepted by the City Coun- cil. 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 public improvements in Cedar Lake Plaza be and the same is hereby accepted. Section 2. That the maintenance of the pri- vately-owned detention facility shall remain the responsibility of the developer. Section 3. In accordance with an agree- ment with the developer dated July 30, 2001: a. "The City will pay for all day-to-day operational costs, including electrical costs of the pumping station. Major repair costs, beyond day-to-day operational costs, shall be assessed to Cedar Lake Plaza property owners, their successors, and assignees and paid annually upon receipt of a state- ment from the City." b. The storm sewer extending beyond the right-of-way line of Cedar Cross Road shall remain private and be maintained by the developer, their successors, and as- signees. Section 4. That maintenance of said im- provements shall be the responsibility of the contractor and developer for a period of two (2) years from this date. Passed, approved and adopted this 16t" day of July, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Kaufmann Avenue Storm Sewer Construc- tion Project: City Manager recommending award of the public improvement contract for the Kaufmann Avenue Storm Sewer Construc- tion Project to Drew Cook & Sons Excavating in the amount of $23,394.25. Upon motion the documents were received and filed and Reso- lution No. 380-07 Awarding public improve- ment contract for the Kaufmann Avenue Storm Sewer Construction Project to Drew Cook & Sons Excavating was adopted. RESOLUTION NO. 380-07 AWARDING PUBLIC IMPROVEMENT CON- TRACT FOR THE KAUFMANN ALLEY STORM SEWER CONSTRUCTION PROJECT Whereas, sealed proposals have been submitted by contractors for the Kaufmann Alley Storm Sewer Construction Project (the Project) pursuant to Resolution No. 291-07 and Notice to Bidders published in a newspa- per published in the City of Dubuque, Iowa on the 25t" day of May, 2007. Whereas, said sealed proposals were opened and read on the 21St day of June, 2007 and it has been determined that Drew Cook & Sons Excavating of Dubuque, Iowa, with a bid in the amount of $23,394.25, is the lowest res- ponsive, 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 Drew Cook & Sons Excavating and the City Manager is he- reby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. Passed, approved and adopted this 16t" 252 Regular Session, July 16, 2007 Book 137 day of July, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk York and Curtis Street Storm Sewer Con- struction Project: City Manager recommending award of the public improvement contract for the York and Curtis Street Storm Sewer Con- struction Project to McDermott Excavating in the amount of $35,076.83. Upon motion the documents were received and filed and Reso- lution No. 381-07 Awarding public improve- ment contract for the York and Curtis Street Storm Sewer Construction Project to McDer- mott Excavating was adopted. RESOLUTION NO. 381-07 AWARDING PUBLIC IMPROVEMENT CON- TRACT FOR THE YORK AND CURTIS STORM SEWER IMPROVEMENTS PROJECT Whereas, sealed proposals have been submitted by contractors for the York and Cur- tis Storm Sewer Improvements Project (the Project) pursuant to Resolution No. 317-07 and Notice to Bidders published in a newspa- per published in the City of Dubuque, Iowa on the 8t" day of June, 2007. Whereas, said sealed proposals were opened and read on the 28t" day of June, 2007 and it has been determined that McDermott Excavating of Dubuque, Iowa, with a bid in the amount of $35,076.83, is the lowest respon- sive, 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 Ex- cavating and the City Manager is hereby di- rected to execute a Public Improvement Con- tract on behalf of the City of Dubuque for the Project. Passed, approved and adopted this 16t" day of July, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Star Brewery Drive Construction Project: City Manager recommending award of the public improvement contract for the Star Bre- wery Drive Construction Project to Portzen Construction, Inc. in the amount of $529,673.60. Upon motion the documents were received and filed and Resolution No. 382-07 Awarding public improvement contract for the Star Brewery Drive Construction Project to Portzen Construction, Inc., was adopted. RESOLUTION NO. 382-07 AWARDING PUBLIC IMPROVEMENT CON- TRACT FOR THE STAR BREWERY DRIVE CONSTRUCTION PROJECT Whereas, sealed proposals have been submitted by contractors for the Star Brewery Drive Construction Project (the Project) pur- suant to Resolution No. 320-07 and Notice to Bidders published in a newspaper published in the City of Dubuque, Iowa on the 8t" day of June, 2007. Whereas, said sealed proposals were opened and read on the 3~d day of July, 2007 and it has been determined that Portzen Con- struction, Inc. of Dubuque, Iowa, with a bid in the amount of $529,673.60, is the lowest res- ponsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a Public Improvement Contract for the Project is hereby awarded to Portzen Con- struction, Inc. and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. Passed, approved and adopted this 16t" day of July, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Raven Oaks Drive -Request to Vacate: City Manager recommending preliminary ap- proval of a request to vacate a portion of Ra- ven Oaks Drive and that the owner be directed to proceed with the formal vacate process. Upon motion the documents were received and filed and approved. Transient Boat Dock Facility: City Manager recommending approval of a Boating Infra- structure Grant Contract for the Main Channel Transient Boat Dock Facility at the Port of Du- buque. Upon motion the documents were re- ceived and filed and Resolution No. 383-07 Authorizing a contract agreement for a Boating Infrastructure Grant for the Main Channel Transient Boat Facility was adopted. RESOLUTION NO. 383-07 RESOLUTION AUTHORIZING A CONTRACT AGREEMENT FOR A BOATING INFRA- STRUCTURE GRANT FOR THE MAIN CHANNEL TRANSIENT BOAT FACILITY Whereas, the U. S. Fish and Wildlife Ser- vice provides a federal pass-through grant program to the Iowa Department of Natural Resources for Tier 2 Boating Infrastructure Grants for transient boat docks; and Whereas, the City of Dubuque has been awarded a Tier 2 Boating Infrastructure Grant for the construction of the Main Channel Tran- sient Boat Facility at the Port of Dubuque; and Whereas, the construction of transient boat docks at the Port of Dubuque is included as a component of the Vision Iowa grant for the America's River project and is consistent with Book 137 Regular Session, July 16, 2007 253 the Port of Dubuque Master Plan. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor is hereby autho- rized to sign the contract agreement with the Iowa Department of Natural Resources for a Tier 2 Boating Infrastructure Grant to fund the Main Channel Transient Boat Facility on behalf of the City of Dubuque. Section 2. That the City Council authorizes the City Manager to utilize budgeted Capital Improvement Program funds to provide the match required by this program. Passed, approved and adopted this 16t" day of July 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Heritage Trail Bridge Replacement Project: Communication to Brian Preston regarding the State Recreation Trail Grant for the Heritage Trail Bridge Replacement Project. Upon mo- tion the document was received and filed. School District for free ridership for public and parochial students enrolled in the district. Mo- tion by Braig to receive and file the documents. Seconded by Michalski. Braig said that this program showed good cooperation between the City and the school district, was great for citizens, and a huge opportunity. She said staff did a good job. Motion carried 7-0. Northeast Iowa School of Music: City Man- ager recommending approval of a grant agreement with the Northeast Iowa School of Music to provide music lessons for four child- ren as part of the Uptown Recreation Program. Upon motion the documents were received and filed and approved. Dubuque County ISU Extension: City Man- ager recommending approval of a grant agreement with Dubuque County ISU Exten- sion to conduct recreation programs as part of the Uptown Recreation Program. Upon motion the documents were received and filed and approved. Dubuque Initiatives: City Attorney recom- mending approval of the acceptance of a Quit Claim Deed from Dubuque Initiatives for the Dubuque Hardwoods and Klauer properties in the Port of Dubuque. Upon motion the docu- ments were received and filed and Resolution No. 384-07 Accepting the deed to certain real estate in Dubuque County, Iowa from Dubu- que Initiatives was adopted. RESOLUTION NO. 384-07 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM DUBUQUE INITIATIVES WHEREAS, the City of Dubuque entered into an Agreement with Dubuque Initiatives for the purchase of certain real property in Dubu- que County, Iowa; and WHEREAS, the terms of the Agreement have now been met. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: 1. The City of Dubuque hereby accepts the Quit Claim from Dubuque Initiatives attached hereto. 2. The City Clerk is hereby authorized and directed to record this Resolution and the Quit Claim Deed with the Dubuque County Record- er. Passed, approved and adopted this 16t" day of July, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Free KeyLine Bus Rides for School Stu- dents: City Manager recommending approval of an agreement with the Dubuque Community Grant Agreement -Four Mounds Founda- tion: City Manager recommending approval of the grant agreement with the Four Mounds Foundation to provide the day camp program as part of the summer Uptown Recreation Program. Upon motion the documents were received and filed and approved. Purchase of Service Agreement with Greater Dubuque Development Corporation: City Manager recommending approval of a Purchase of Service Agreement with Greater Dubuque Development Corporation for support of their Destination for Opportunity Campaign. Upon motion the documents were received and filed and approved. Purchase of Service Agreement with Du- buque Area Labor Management Council: City Manager recommending approval of an amended Purchase of Service Agreement with Dubuque Area Labor Management Council to provide funding for improvement and expan- sion of labor-management cooperation in the public and private sector in the Dubuque area. Upon motion the documents were received and filed and approved. U.S. Cellular Service Agreement: City Manager recommending approval of a master use agreement between the City of Dubuque and U.S. Cellular to assist with standard cell phone user contract end dates, equipment choices and prices. Upon motion the docu- ments were received and filed and approved. Request for Proposals - North Siegert Farm: City Manager recommending approval 254 Regular Session, July 16, 2007 Book 137 of the issuance of a Request for Proposals for development of the next phase of the Dubuque Industrial Center West and the construction of a connecting street from Pennsylvania Avenue to Dubuque Industrial Center West. Upon mo- tion the documents were received and filed and approved. Dubuque Industrial Center West: City Manager recommending approval to subdivide Lot 1 of 2 of the Dubuque Industrial Center West 7t" Addition into two parcels to accom- modate the expansion of Art's Way /Vessels, Inc. Upon motion the documents were re- ceived and filed and Resolution No. 384A-07 Accepting the deed to certain real estate in Dubuque County, Iowa, from Dubuque Initia- tives was adopted. RESOLUTION NO. 384A-07 RESOLUTION APPROVING PLAT OF SUR- VEY DUBUQUE INDUSTRIAL CENTER WEST 7T" ADDITION IN THE CITY OF DU- BUQUE, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a Plat of Survey Dubuque Industrial Center West 7t" Addition in the City of Dubuque, Iowa, dated July 12, 2007, prepared by IIW Engi- neers and Surveyors, P.C., describing the property to be subdivided, a copy of which is attached hereto (the Plat); and Whereas, the Plat conforms to the laws and statutes pertaining thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Plat is hereby approved, and the Mayor and City Clerk are hereby au- thorized and directed to execute the Plat for and on behalf of the City of Dubuque, Iowa. Section 2. The City Clerk is hereby autho- rized and directed to file the Plat and a certi- fied copy of this resolution in the office of the Recorder, in and for Dubuque County, Iowa. Passed, approved and adopted this 16t" day of July, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk American Airlines: Communication to Mary Peters, Secretary - U.S. Department of Trans- portation, in support of an application made by American Airlines to obtain route authority to operate a daily nonstop flight from Chicago O'Hare International Airport to Beijing, China. Upon motion the documents were received and filed. Enterprise Zone Contract -Port of Dubu- que New Main Development, LLC: City Man- ager recommending approval of a Housing Enterprise Zone Program Agreement by and among the Iowa Department of Economic De- velopment, the City of Dubuque and Port of Dubuque New Main Development, LLC related to the development of the mixed-use building in the Port of Dubuque. Upon motion the doc- uments were received and filed and Resolution No. 385-07 Approving a Housing Enterprise Zone Program Agreement by and among the Iowa Department of Economic Development, the City of Dubuque and Port of Dubuque New Main Development, LLC, was adopted. RESOLUTION NO. 385-07 RESOLUTION APPROVING A HOUSING ENTERPRISE ZONE PROGRAM AGREE- MENT BY AND AMONG THE IOWA DE- PARTMENT OF ECONOMIC DEVELOP- MENT, THE CITY OF DUBUQUE AND PORT OF DUBUQUE NEW MAIN DEVELOPMENT, LLC. Whereas, the City of Dubuque has estab- lished two Enterprise Zones and an Enterprise Zone Commission; and Whereas, the Enterprise Zone Commission on May 8, 2007 approved the application of Port of Dubuque New Main Development, LLC for Housing Enterprise Zone benefits; and Whereas, Port of Dubuque New Main De- velopment, LLC's application was approved by the Iowa Department of Economic Develop- ment on May 21, 2007; and Whereas, the Iowa Department of Eco- nomic Development has prepared and submit- ted for City Council approval an agreement relating to Housing Enterprise Zone benefits for Port of Dubuque New Main Development, LLC a copy of which is attached hereto and by this reference made a part hereof; and Whereas, the City Council finds that the proposed agreement is acceptable and neces- sary to the growth and development of the city. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Iowa Department of Economic Development Housing Enterprise Zone Program Agreement, Num- ber 07-HEZ-045, is hereby approved. Section 2. That the Mayor is hereby au- thorized and directed to ex- ecute the Agreement on be- half of the City of Dubuque and forward the executed copy to the Iowa Department of Economic Development for their approval. Passed, approved and adopted this 16t" day of July 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Book 137 Regular Session, July 16, 2007 255 Urban Renewal Tax Increment Revenue Bonds -Port of Dubuque Parking Facility: City Manager recommending approval of the form of offering documents to be used in connection with the issuance of the above-referenced Bonds. Upon motion the documents were re- ceived and filed and Resolution No. 386-07 Approving the form of offering documents for the issuance of not to exceed $25,000,000 Urban Renewal Tax Increment Revenue Bonds, Taxable Series 2007, and authorizing execution and distribution of same was adopted. Council Member Patricia Cline introduced the following Resolution entitled "RESOLU- TION APPROVING THE FORM OF OFFER- ING DOCUMENTS FOR THE ISSUANCE OF NOT TO EXCEED $25,000,000 URBAN RE- NEWAL TAX INCREMENT REVENUE BONDS, TAXABLE SERIES 2007, AND AU- THORIZING EXECUTION AND DISTRIBU- TION OF THE SAME", and moved its adop- tion. Council Member Kevin Lynch seconded the motion to adopt. The roll was called and the vote was: AYES: Braig, Buol, Cline, Connors, Jones, Lynch, Michalski NAYS: None Whereupon the Mayor declared the follow- ing Resolution duly adopted: RESOLUTION NO. 386-07 RESOLUTION APPROVING THE FORM OF OFFERING DOCUMENTS FOR THE IS- SUANCE OF NOT TO EXCEED $25,000,000 URBAN RENEWAL TAX INCREMENT REV- ENUE BONDS, TAXABLE SERIES 2007, AND AUTHORIZING EXECUTION AND DIS- TRIBUTION OF THE SAME WHEREAS, this Council has previously in- stituted proceedings and resolved to take addi- tional action for the authorization and the is- suance of not to exceed $25,000,000 Urban Renewal Tax Increment Revenue Bonds (the "Bonds") for the purpose of paying costs of aiding in the planning, undertaking and carry- ing out of urban renewal project activities un- derthe authority of Chapter 403 of the Code of Iowa and the Amended and Restated Urban Renewal Plan for the Greater Downtown Ur- ban Renewal Project Area, including those costs associated with (i) the construction of a multi-level public parking ramp facility (de- scribed herein as the "Parking Facility") in the Port of Dubuque, pursuant to the Port of Du- buque Public Parking Facility Development Agreement dated February 5, 2007 between the City of Dubuque, Iowa and Diamond Jo, LLC, (ii) the funding of a debt service reserve fund and a capitalized interest fund for the Bonds, and (iii) the payment of costs asso- ciated with the issuance of the Bonds; and WHEREAS, this Council has previously held a public hearing on the plans and specifi- cations and form of contract with respect to the construction of the Parking Facility, and con- struction bids with respect to the same are expected to be received on July 25, 2007 and considered by this Council at a special meet- ing to be held on August 14, 2007; and WHEREAS, the City Manager has pro- posed that the Mayor be authorized to execute a preliminary Official Statement prepared for the purpose of offering the Bonds for sale to the public following the receipt of said con- struction bids and a determination by the City Manager and representatives of Diamond Jo LLC that the preliminary marketing of the Bonds should commence; and WHEREAS, a preliminary form of Official Statement has been prepared for the purpose of offering the Bonds for sale to the public; and WHEREAS, it is appropriate that the form of the preliminary Official Statement be ap- proved and deemed final upon completion of the same, and that the preliminary Official Statement be used in connection with the of- fering of the Bonds for sale to the public. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Aooroval of Offerina Docu- ments. The preliminary Official Statement for the Bonds is authorized and approved in sub- stantially the form and content now before this meeting, but subject to completion or modifica- tion as may be deemed necessary or advisa- ble by the City Manager, upon the advice of legal counsel, and may be executed by the Mayor on behalf of the City and delivered to representatives of Robert W. Baird & Co., as the anticipated underwriter of the Bonds, at such time and with such changes, modifica- tions, additions or deletions therein as the City Manager shall determine to be appropriate, the Mayor's execution thereof to constitute conclu- sive evidence of his approval of any and all changes from the form and content of the same now before this meeting. The preliminary Official Statement in the form executed by the Mayor shall be deemed final for purposes of SEC Rule 15c2-12, and is authorized to be distributed in connection with the offering of the Bonds for sale. Passed and approved this 16t" day of July, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Dubuque Community School District - 1126 White Street: City Manager recommend- ing acceptance of the Special Warranty Deed from the Dubuque Community School District for property located at 1126 White Street. Upon motion the documents were received 256 Regular Session, July 16, 2007 Book 137 and filed and Resolution No. 387-07 Accepting the deed to certain real estate in Dubuque County, Iowa from Dubuque Community School District was adopted. RESOLUTION NO. 387-07 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM DUBUQUE COMMUNITY SCHOOL DISTRICT WHEREAS, the City of Dubuque entered into an Agreement with Dubuque Community School District for the purchase of the follow- ing described real property in Dubuque Coun- ty, Iowa: The South Middle 1/5 of Out Lot 480 in the City of Dubuque, Iowa, according to the United States Commissioners' Map thereof. WHEREAS, the terms of the Agreement have now been met. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: 1. The City of Dubuque hereby accepts the Warranty Deed from Dubuque Community School District attached hereto. 2. The City Clerk is hereby authorized and directed to record this Resolution and the War- ranty Deed with the Dubuque County Record- er. Passed, approved and adopted this 16t" day of July, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Office of the City Assessor: Communica- tions from the City Assessor advising that Mary E. Gau, Michael Walsh, Kathryn Dean, David F. Krieg, McFadden Family Partnership, First National Bank, James and Donna McCann, Jeffrey D. Spahn, Linda A. Heyer, and John and Cathy Pesetski have appealed their 2007 property tax assessment to the Property Assessment Appeal Board in Des Moines. Upon motion the documents were received and filed. RAGBRAI: Communication from T.J. Juskiewicz, RAGBRAI Director, advising that the alternate vehicle route for RAGBRAI will be through Dubuque. Upon motion the documents were received and filed. City of Kissimmee, Florida, Communication from the Mayor and City Council of Kissim- mee, Florida, congratulating the City of Dubu- que on being named a 2007 All America City by the National Civic League. Upon motion the documents were received and filed. Citizen Communication: Communication from Greg and Dawn Swift requesting that the City rectify an omission to the description of their property at 919 Kirkwood Street. Upon motion the documents were received and filed, and referred to the City Manager. PEG Access: City Manager recommending approval of two requests for funding from the Capital Grant for Access Equipment and Facili- ties. Upon motion the documents were re- ceived and filed and approved. Cooper Management Company Liquor Li- cense Subpoenas: Assistant City Attorney recommending that City Clerk Jeanne Schneider be authorized to sign subpoenas on behalf of the City Council and to issue sub- poenas for the Cooper Management Company liquor license suspension hearing scheduled for July 18, 2007. Motion by Cline to place on table. Seconded by Michalski. Motion carried 7-0. Legislative Correspondence: Communica- tion to Senator Charles Grassley in opposition to the fee increase for general aviation. Upon motion the documents were received and filed. Water Meter Reading Services Consultant: City Manager recommending approval of the selection of HDR Engineering, Inc. to provide a recommendation for review of options relative to water meter reading in an amount not to exceed $31,810. Upon motion the documents were received and filed and approved. 2007 Safe Roads to School Grant: Com- munication to Mayor Rick Anderson in support of the City of Asbury's 2007 Safe Roads to School Grant application. Upon motion the documents were received and filed. Stormwater Detention Basin Update: City Manager submitting updated information about the City's Detention Basin Maintenance Pro- gram. Upon motion the documents were re- ceived and filed. Liquor License Transfers: Request of the Rotary Club to transfer their liquor license to the Alliant Amphitheater on July 28, 2007 and August 25, 2007. Upon motion the documents were received and filed and approved. Business License Refund: Request of WCB Hotels, Inc., 3100 Dodge Street, for a refund of their Class B Liquor License in the amount of $633.75. Upon motion the docu- ments were received and filed and approved. Business Licenses: City Manager recom- mending approval of annual liquor license re- newals as submitted. Upon motion the docu- ments were received and filed and Resolution No. 388-07 Granting the issuance of a Class "C" Beer/Liquor License to Airport Inn, Walnut Book 137 Regular Session, July 16, 2007 257 Tap, Tri State Golf Center, Knickers Saloon (Three One-Day Outdoor Sale -July 21, Au- gust 25, and October 13, 2007); Special Class "C" Beer/Liquor License (Five Day Special Event) to Dubuque Area Labor Management; and a Class "B" Wine Permit to Basket Ex- pressions, and Resolution No. 389-07 Grant- ing the issuance of one renewal permit to sell cigarettes and cigarette papers in the City of Dubuque were adopted. RESOLUTION NO. 388-07 Whereas, applications for Liquor Licenses have been submitted to this Council for ap- proval 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 Ordin- ances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS "C" BEER/LIQUOR LICENSE Ethel K. Schwartz, Airport Inn+(Sunday Sale), 574 E. 16t" St Craig Weiner, Walnut Tap+(Sunday Sale), 709 University Av Teresa & Hairy, Inc, Tri State Golf Cen- ter+(Sunday/Outdoor Sale), 1095 Cedar Cross Curt Gerhard, Knickers Saloon (1 day Out- door Sale-7-21-07), 2186 Central Curt Gerhard, Knickers Saloon (1 day Out- door Sale-8-25-07), 2186 Central Curt Gerhard, Knickers Saloon (1 day Out- door Sale-10-13-07), 2186 Central CLASS "C" BEER/LIQUOR LICENSE (5-DAY SPECIAL EVENT) Dbq Area Labor Management, DBQ Area Labor Management, Town Clock CLASS "B" WINE Mildred M. Dolter, Basket Expressions, 474 Bluff St Passed, approved and adopted this 16th day of July, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 389-07 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: That the following having complied with the provisions of law relating to the sale of Ciga- rettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Ciga- rette Papers within said City. RENEWALS Bartinis~Bartinis on Main~253 Main Street Passed, approved and adopted this 16th day of July, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk ITEMS TO BE SET FOR PUBLIC HEARING Motion by Cline to receive and file the doc- uments, set the public hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Braig. Motion carried 7-0. Cancer Survivor Park Lease Agreement: City Manager recommending that a public hearing be set for August 6, 2007 to consider disposing of interest in real property by lease agreement with the Finley Hospital for the Cancer Survivor Park. Upon motion the docu- ments were received and filed and Resolution No. 390-07 Resolution of Intent to dispose of an interest in real property by lease with The Finley Hospital was adopted setting a public hearing at a meeting to commence at 6:30 p.m. on August 6, 2007, in the Public Library Auditorium. RESOLUTION NO. 390-07 RESOLUTION OF INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY BY LEASE WITH THE FINLEY HOSPITAL WHEREAS, the City of Dubuque, Iowa (City) is the owner of Lots 21 and 22 of the Finley Home Addition in the City of Dubuque, Iowa (the Property); AND WHEREAS, the Finley Hospital (Fin- ley) desires to lease the Property to operate a park dedicated to survivors of cancer upon the terms set forth in a Lease now on file in the Office of the City Clerk at City Hall, Dubuque, Iowa, which Lease provides among other things for a term of twenty-five years; AND WHEREAS, the City Council has ten- tatively determined that it would be in the best interests of the City to enter into the Lease with Finley. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque intends to dispose of its interest in the Property as de- scribed in the Lease between City and Finley. Section 2. The City Clerk is hereby autho- rized and directed to cause this Resolution and a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City's intent to dispose of the Property, to be held on the 6th day of August, 2007, at 6:30 o'clock p.m. at the Public Library Auditorium, 11th & Locust, Dubuque, Iowa. Passed, approved and adopted this 16th day of July, 2007. Roy D. Buol, Mayor 258 Regular Session, July 16, 2007 Book 137 Attest: Jeanne F. Schneider, CMC, City Clerk Water Revenue Capital Loan Notes: City Manager recommending that a public hearing be set for August 6, 2007 to consider approval of the issuance of $1,037,000 Water Revenue Capital Loan Notes: Upon motion the docu- ments were received and filed and Resolution No. 391-07 Fixing date for a meeting on the authorization of a Loan and Disbursement Agreement and the issuance of $1,037,000 Water Revenue Capital Loan Notes of Dubu- que, Iowa, and providing for publication of no- tice thereof setting a public hearing at a meet- ing to commence at 6:30 p.m. on August 6, 2007, in the Public Library Auditorium. Council Member Patricia Cline introduced the following Resolution entitled "RESOLU- TION FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF A LOAN AND DISBURSEMENT AGREEMENT AND THE ISSUANCE OF $1,037,000 WATER REVE- NUE CAPITAL LOAN NOTES OF DUBUQUE, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Council Member Karla Braig seconded the motion to adopt. The roll was called and the vote was, AYES: Braig, Buol, Cline, Connors, Jones, Lynch, Michalski NAYS: None Whereupon, the Mayor declared the Reso- lution duly adopted as follows: RESOLUTION No. 391-07 RESOLUTION FIXING DATE FORA MEET- ING ON THE AUTHORIZATION OF A LOAN AND DISBURSEMENT AGREEMENT AND THE ISSUANCE OF $1,037,000 WATER REVENUE CAPITAL LOAN NOTES OF DU- BUQUE, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, it is deemed necessary and advisable that the City of Dubuque, Iowa should provide for the authorization of a Loan and Disbursement Agreement and the is- suance of Water Revenue Capital Loan Notes, in the amount of $1,037,000, as authorized by Sections 384.24A and 384.83, Code of Iowa, as amended, for the purpose of providing funds to pay costs as hereinafter described; and WHEREAS, the City has applied for a loan through the Iowa Drinking Water State Revoly- ing Fund Program pursuant to which the Iowa Finance Authority has agreed to purchase the City's Notes and has requested that such Notes be issued as a single Note in a denomi- nation equal to the total amount of the issue as authorized by Chapter 384 of the Code of Iowa; and WHEREAS, the Loan and Disbursement Agreement and Note shall be payable solely and only out of the net earnings of the Munici- pal Water Utility and shall be a first lien on the future net earnings of the Utility; and shall not be general obligations of the City or payable in any manner by taxation and the City shall be in no manner liable by reason of the failure of the net revenues to be sufficient for the payment of the Loan and Disbursement Agreement and Note; and WHEREAS, before a Loan and Disburse- ment Agreement may be authorized and Water Revenue Capital Loan Notes issued to evi- dence the obligation of the City thereunder, it is necessary to comply with the provisions of the Code of Iowa, as amended, and to publish a notice of the proposal and of the time and place of the meeting at which the Council pro- poses to take action for the authorization of the Loan and Disbursement Agreement and Notes and to receive oral and/or written objections from any resident or property owner of the 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 Auditorium, Carnegie-Stout Public Library, Dubuque, Iowa, at 6:30 o'clock P. M., on the 6t" day of August, 2007, for the purpose of taking action on the matter of the authorization of a Loan and Disbursement Agreement and the issuance of $1,037,000 Water Revenue Capi- tal Loan Notes to evidence the obligations of the City thereunder, the proceeds of which will be used to provide funds to pay the costs of acquisition, construction, reconstruction, ex- tending, remodeling, improving, repairing and equipping all or part of the Municipal Water Utility, including those costs associated with the restoration of two deteriorating concrete clear well storage reservoirs. 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, pub- lished at least once weekly, and having gener- al 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 the Notes. Section 3. The notice of the proposed ac- tion shall be in substantially the following form: NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA ON THE MATTER OF THE PRO- POSED AUTHORIZATION OF A LOAN AND DISBURSEMENT AGREEMENT AND THE ISSUANCE OF $1,037,000 WATER REVE- NUE CAPITAL LOAN NOTES, AND THE PUBLIC HEARING ON THE AUTHORIZA- TION AND ISSUANCE THEREOF. PUBLIC NOTICE is hereby given that the Book 137 Regular Session, July 16, 2007 259 City Council of the City of Dubuque, Iowa, will hold a public hearing on the 6t" day of August, 2007, at 6:30 o'clock P. M., in the Auditorium, Carnegie-Stout Public Library, Dubuque, Iowa, at which meeting the Council proposes to take additional action for the authorization of a Loan and Disbursement Agreement by and between the City, the Iowa Finance Authority, the Iowa Department of Natural Resources and Wells Fargo Bank, N.A. and the issuance to the Iowa Finance Authority of $1,037,000 Water Reve- nue Capital Loan Notes to evidence the obliga- tions of the City under said Loan and Dis- bursement Agreement, in order to provide funds to pay the costs of acquisition, construc- tion, reconstruction, extending, remodeling, improving, repairing and equipping all or part of the Municipal Water Utility, including those costs associated with the restoration of two deteriorating concrete clear well storage reser- voirs. The Notes will not constitute general obligations or be payable in any manner by taxation, but will be payable from and secured by the net revenues of the Municipal Water Utility. At the above meeting the Council shall re- ceive oral or written objections from any resi- dent or property owner of the City, to the above action. After all objections have been received and considered, the Council will at this meeting or at any adjournment thereof, take additional action for the authorization of said Loan and Disbursement Agreement and the issuance of Notes or will abandon the pro- posal to issue the Notes. This Notice is given by order of the City Council of Dubuque, Iowa, as provided by Sections 384.24A and 384.83 of the Code of Iowa, as amended. Dated this 20t" day of July, 2007. /s/Jeanne F. Schneider, CMC, City Clerk of Dubuque, Iowa Passed and approved this 16t" day of July, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Eagle Point Water Plant Clear Well Reha- bilitation Project: City Manager recommending initiation of the public bidding process for the Eagle Point Water Plant Clear Well Rehabilita- tion Project and that a public hearing on the plans and specifications, form of contract, and estimated cost be set for August 6, 2007. Upon motion the documents were received and filed and Resolution No. 392-07 Prelimi- nary approval of plans and specifications, form of contract, and estimated cost; setting date of public hearing on plans and specifications, form of contract, and estimated cost; and or- dering the advertisement for bids for the Eagle Point Water Plant Clear Well Rehabilitation Project was adopted setting a public hearing at a meeting to commence at 6:30 p.m. on Au- gust 6, 2007, in the Public Library Auditorium. RESOLUTION NO. 392-07 EAGLE POINT WATER PLANT CLEAR- WELL RESERVOIR REHABILITATION PROJECT PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CON- TRACT, 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 Eagle Point Water Plant Clear Well Rehabilitation Project, in the estimated amount $1,037,421, are here- by preliminarily approved and ordered filed in the office of the City Clerk for public inspec- tion. A public hearing will be held on the 6th day of August, 2007, at 6:30 p.m. in the Public Library Auditorium 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 esti- mated cost of the Project. The Eagle Point Water Plant Clear Well Rehabilitation 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 Bid- ders hereby approved. The City Clerk is hereby directed to adver- tise for bids for the construction of the im- provements herein provided, by publishing the attached Notice to Bidders to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four but not more than forty-five days before the date for filing bids before 2:00 p.m. on the 22nd day of August, 2007. 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 4th day of September, 2007, in the Public Library Auditorium, 360 West 11t" Street, Du- buque, Iowa. Passed, adopted and approved this 16th 260 Regular Session, July 16, 2007 Book 137 day of July, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Five Flags Sidewalk Replacement Project: City Manager recommending initiation of the public bidding process for the Five Flags Si- dewalk Replacement Project and that a public hearing on the plans and specifications, form of contract, and estimated cost be set for Au- gust 6, 2007. Upon motion the documents were received and filed and Resolution No. 393-07 Preliminary approval of plans and spe- cifications, form of contract, and estimated cost; setting date of public hearing on plans and specifications, form of contract, and esti- mated cost; and ordering the advertisement for bids for the Five Flags Sidewalk Replacement Project was adopted setting a public hearing at a meeting to commence at 6:30 p.m. on Au- gust 6, 2007, in the Public Library Auditorium. conform to the provisions of the Notice to Bid- ders hereby approved. The City Clerk is hereby directed to adver- tise for bids for the construction of the im- provements herein provided, by publishing the attached Notice to Bidders to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four but not more than forty-five days before the date for filing bids before 2:00 p.m. on the 31St day of July, 2007. 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 6t" day of August, 2007, in the Public Library Auditorium, 360 West 11t" Street, Dubuque, Iowa. Passed, adopted and approved this 16t" day of July, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 393-07 FIVE FLAGS SIDEWALK AND LIGHTING REPLACEMENT PROJECT PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEAR- ING 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 Five Flags Sidewalk and Lighting Replacement Project, in the estimated amount $197,500, 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 6t" day of August, 2007, at 6:30 p.m. in the Public Library Auditorium 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 esti- mated cost of the Project. The Five Flags Sidewalk and Lighting Re- placement 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 Art's Way /Vessel Systems Development Agreement: City Manager recommending that a public hearing be set for August 6, 2007 to consider approval of a development agree- ment with Art's Way /Vessel's, Inc., the sale of 5.97 acres of land in Dubuque Industrial Cen- ter West and the use of Tax Increment Financ- ing for this project. Upon motion the docu- ments were received and filed and Resolution No. 394-07 Resolution of Intent to dispose of an interest in City of Dubuque real estate and fixing the date for a hearing on the City Council of the city of Dubuque, Iowa on the proposed issuance of Urban Renewal Tax Increment Revenue Obligations and the execution of a Development Agreement relating thereto with Art's Way Vessels, Inc., and providing for the publication of notice thereof was adopted set- ting apublic hearing at a meeting to com- mence at 6:30 p.m. on August 6, 2007, in the Public Library Auditorium. RESOLUTION NO. 394-07 INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE AND FIXING THE DATE FOR A PUBLIC HEAR- ING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA ON THE PROPOSED ISSUANCE OF URBAN RENEWAL TAX IN- CREMENT REVENUE OBLIGATIONS AND THE EXECUTION OF A DEVELOPMENT AGREEMENT RELATING THERETO WITH ART'S-WAY VESSELS, INC., AND PROVID- ING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, the City of Dubuque, Iowa (City) is the owner of the following real property (the Property); Lot 1 of 2 of Dubuque Industrial Center West 7t" Addition in the City of Dubuque, Iowa: and Book 137 Regular Session, July 16, 2007 261 Whereas, City and Art's-Way Vessels, Inc. have entered into a Development Agreement, subject to the approval of the City Council, a copy of which is now on file at the Office of the City Clerk, City Hall, 13t" and Central Avenue, Dubuque, Iowa, pursuant to which City will con- vey the Property to Art's-Way Vessels, Inc. as shown on Exhibit A attached hereto; and Whereas, the City Council has tentatively determined that it would be in the best interests of the City to approve the Development Agree- ment, including the conveyance of the Property to Art's-Way Vessels, Inc.; and Whereas, it is deemed necessary and ad- visable that City should authorize Urban Re- newal Tax Increment Revenue obligations, as provided by Chapter 403 of the Code of Iowa, and to enter into the Development Agreement relating thereto for the purpose of carrying out an Urban Renewal Plan as hereinafter de- scribed; and Whereas, before said obligations may be approved, Chapter 403 of the Code of Iowa requires that the City Clerk publish a notice of the proposal and of the time and place of the meeting at which the City Council proposes to take action thereon and at which meeting the City Council shall receive oral and/or written objections from any resident or property owner of said City to such proposed action. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque intends to dispose of its interest in the foregoing-described Property by Deed to Art's-Way Vessels, Inc. Section 2. The City Clerk is hereby autho- rized and directed to cause this Resolution and a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City's intent to dispose of the foregoing- described Property, to be held on the 6t" day of August, 2007, at 6:30 o'clock p.m. in the Audito- rium of the Carnegie-Stout Public Library in Dubuque, Iowa, 11th & Locust, Dubuque, Iowa. Section 3. The City Council will also meet at said time and place for the purpose of taking action on the matter of authorizing Urban Re- newal Tax Increment Revenue obligations and the execution of the Development Agreement relating thereto with Art's-Way Vessels, Inc., the proceeds of which obligations will be used to carry out certain of the special financing activities described in the Urban Renewal Plan for the Dubuque Industrial Center Economic Development District, consisting of the funding of economic developments grants to Art's-Way Vessels, Inc. pursuant to the Development Agreement under the terms and conditions of said Urban Renewal Plan. It is expected that the aggregate amount of the Tax Increment Revenue obligations of approximately $300, 000. Section 4. The Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a newspaper, printed wholly in the English language, published at least once weekly, and having general circula- tion in said City, said publication to be not less than four days nor more than twenty days be- fore the date of said meeting on the issuance of said obligations. Section 5.That the notice of the proposed action to issue said obligations shall be in sub- stantiallythe form attached hereto. Passed, approved and adopted this 16t" day of July, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the followin~q Boards/Commissions: 1751 Anniversary Celebration Coordinating Committee: Fifteen Member Ad Hoc Committee, Tem- porary Terms. One High School Student re- quirement. Applicants: Stephanie Tranmer, Shelby Duggan, Christin Meyer. Applicants Tranmer, Duggan, and Meyer all spoke in fa- vor of their appointment. Motion by Michalski to appoint all three applicants to the 175t" An- niversary Celebration Coordinating Committee. Seconded by Cline. Motion passed 7-0. Historic Preservation Commission: (Two 3- year expired terms through July 1, 2010 - terms of Stuart and Whalen). Applicants for Jackson Park District; Dave Stuart, Robert McDonell. Upon vote, Robert McDonnell was appointed to a 3-year expired term through July 1, 2010. Applicant for 11t" Street District: John Wha- len. Motion by Michalski to appoint John Wha- len to a 3-year expired term through July 1, 2010. Seconded by Connors. Motion carried 7- 0. Investment Oversight Advisory Commis- sion: (Two 3-year expired terms through July 1, 2010 -terms of Ruden and Reisdori). Ap- plicants: Stephen Reisdorf, Gary Ruden. Mo- tion by Connors to appoint Gary Ruden and Stephen Reisdorf to 3-year expired terms through July 1, 2010. Seconded by Jones. Motion carried 7-0. Long Range Planning Advisory Commis- sion: (Two 3-year expired terms through July 1, 2010 -terms of Winterwood and Pro- chaska). Applicants: Dr. Charles Winterwood, James Prochaska. Motion by Michalski to ap- point Dr. Charles Winterwood and James Pro- chaska to 3-year expired terms through July 1, 2010. Seconded by Connors. Motion carried 7-0. TV Cable Teleprogramming Commission: (One 3-year expired term through June 30, 262 Regular Session, July 16, 2007 Book 137 2010 -term of Everist). Applicant: Burton Everist. Motion by Connors to appoint Burton Everist to a 3-year term expiring June 30, 2010. Seconded by Lynch. Motion carried 7-0. Zoning Advisory Commission: (Two 3-year expired terms through July 1, 2010 -terms of Bird and Stiles). Applicants: Eugene Bird, Jeff Stiles. Motion by Michalski to appoint Eugene Bird and Jeff Stiles to 3-year terms expiring July 1, 2010. Seconded by Lynch. Motion car- ried 7-0. PUBLIC HEARINGS Upon motion the rules were suspended al- lowing anyone to address the City Council. Sewer Cured-in-Place Pipe (CIPP) Lining Project: Proof of publication on notice of hear- ing on the plans and specifications, form of contract, and estimated cost for the Sewer Cured-in-Place Pipe (CIPP) Lining Project and City Manager recommending approval. Motion by Jones to receive and file, and adopt Reso- lution No. 395-07 Approving plans and specifi- cations, form of contract, and estimated cost for the CIPP Lining Project. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 395-07 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE 2007 SEWER CIPP LINING 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 2007 Sewer CIPP Lining Project, in the esti- mated amount $206,781.96, are hereby ap- proved. Passed, adopted and approved this 16t" day of July, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Dubuque Community Ice and Recreational Center: Proof of publication on notice of hear- ing to consider approval of a lease agreement with Dubuque Community Ice and Recreation- al Center for a section of the McAleece Park and Recreation Complex and City Manager recommending approval. Motion by Jones to receive and file the documents and adopt Resolution No. 396-07 Disposing of an interest in real property by lease agreement with Du- buque Community Ice and Recreational Cen- ter. Seconded by Connors. John Ervolino, 928 Spires Drive, said that he has taken over project fundraising and that they will meet their financial goal. Michalski said that a traffic plan is vital to this project and asked that the organ- ization apprise the City Council of its financial requirements. Jones said it is agood-looking, viable project with a good business plan. Mo- tion carried 7-0. RESOLUTION NO. 396-07 DISPOSING OF AN INTEREST IN REAL PROPERTY BY LEASE AGREEMENT WITH DUBUQUE COMMUNITY ICE & RECREA- TIONAL CENTER WHEREAS, the City of Dubuque, Iowa (City) is the owner of the following described real estate (the Property): A part of an unplatted slough and parts of Mineral Lots 298 and 299 south and west of Admiral Sheehy Drive in the Northwest Quarter of the Northeast Quarter of Fractional Section 19, Township 89 North, Range 3 East of the 5th Principal Meridian in the City of Dubuque, Dubuque County, Iowa shown on Exhibit A-1 attached hereto; and WHEREAS, Dubuque Community Ice & Recreational Center, an Iowa Corporation de- sires to lease the Property for the construction and operation of an ice rink as set forth in the Lease Agreement attached hereto; and WHEREAS, on July 16, 2007, the City Council pursuant to notice published as required by law held a public hearing on its intent to dis- pose of the foregoing interest in the Property and overruled all objections thereto; and WHEREAS, the City Council finds that it is in the best interest of the City to approve the dis- position of such interest in the Property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The City Council of the City of Dubuque approves the disposition of the City's interest in the foregoing-described Property by lease to Dubuque Community Ice & Recrea- tional Center. Section 2. The Mayor is hereby authorized and directed to sign this Resolution and the Lease Agreement. Passed, approved and adopted this 16th day of July, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Iowa 32 (Southwest Arterial) Corridor - Text Amendment: Proof of publication on no- tice of hearing to consider a request from the City of Dubuque to amend Sections 4-4.2(A) Application Scope (Site Plans) and 6-1.5 of the Zoning Ordinance and Section 42-16 of the Subdivision Regulations to allow City Council approval of requests for site plan and rezoning within the Iowa 32 (Southwest Arterial) Corri- dor. Motion by Michalski 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 Book 137 Regular Session, July 16, 2007 263 suspended. Seconded by Connors. Motion carried 7-0. Motion by Michalski for final con- sideration and adoption of Ordinance No. 37- 07 Amending City of Dubuque Code of Ordin- ances Appendix A (the Zoning Ordinance) Section 4-4.2(A) Moratorium for Site Plans in Iowa 32 (Southwest Arterial) Corridor and amending Section 6-1.5.5 A Moratorium for Rezoning Applications in the Iowa 32 (South- west Arterial) Corridor; and Ordinance No. 38- 07 Amending City of Dubuque Code of Ordin- ances Chapter 42 (Subdivision Regulations) Section 42-16 Iowa 32 (Southwest Arterial) Corridor review be adopted. Seconded by Connors. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 37-07 AN ORDINANCE AMENDING CITY OF DU- BUQUE CODE OF ORDINANCES APPEN- DIX A (THE ZONING ORDINANCE) SEC- TION 4-4.2(A) MORATORIUM FOR SITE PLANS IN THE IOWA 32 (SOUTHWEST AR- TERIAL) CORRIDOR AND AMENDING SEC- TION 6-1.5.5 A MORATORIUM FOR REZON- ING APPLICATIONS IN THE IOWA 32 (SOUTHWEST ARTERIAL) CORRIDOR. Whereas, the Iowa Department of Trans- portation (IDOT) and the City of Dubuque are engaged in a study of the Iowa 32 (Southwest Arterial) Corridor, which will include the right- of-way acquisition for the preferred alignment; and Whereas, the City of Dubuque and the IDOT desire to minimize potential development conflicts during this study by extending the development moratorium for the Southwest Arterial Corridor. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1. City of Dubuque Code of Ordin- ances Section 4-4.2 is amended to read as fo I I ows: Section 4-4.2. Application and Scope. (A) Moratorium for Site Plans in the Iowa 32 (Southwest Arterial) Corridor. The City Planner shall not issue conditional or final approval for any site plan filed for property in the Iowa 32 (Southwest Arterial) Corridor that lies within the corporate limits of the City of Dubuque, as shown on draw- ings on file in the City Clerk's Office, from the effective date of this Section to July 1, 2008, except where a vested right to the issuance of such approval accrued to any person, firm or corporation as a matter of law prior to the effective date of this Section. Notwithstanding the foregoing, the City Council may approve a proposed site plan upon a determination that the proposed site plan will not nega- tively impact the acquisition of right- of-way along the preferred alignment of the Iowa 32 (Southwest Arterial) Corridor. The City Council shall also consider any recommendation from the Southwest Arterial Technical Committee regarding potential nega- tive impacts, if any, that would result from approval of the proposed site plan and the subsequent develop- ment of the parcel(s). Section 2. City of Dubuque Code of Or- dinances Section 6-1.5.5 is amended to read as follows: Section 6-1.5.5 Moratorium for rezon- ings in the Southwest Arterial Corridor. The City Council shall not give fi- nal approval to any zoning reclassifi- cation (rezoning) request for property in the Iowa 32 (Southwest Arterial) Corridor that lies within the corporate limits of the City of Dubuque, as shown on drawings on file in the City Clerk's Office, from the effective date of this Section to July 1, 2008, except where a vested right to the issuance of such approval accrued to any per- son, firm or corporation as a matter of law prior to the effective date of this Section. Notwithstanding the foregoing, the City Council may approve a re- quested rezoning upon a determina- tion that the proposed rezoning will not negatively impact the acquisition of right-of-way along the preferred alignment of the Iowa 32 (Southwest Arterial) Corridor. The City Council shall also consider any recommenda- tion from the Southwest Arterial Technical Committee regarding po- tential negative impacts, if any, that would result from approval of the re- quested rezoning and the subsequent development of the parcel(s). Section 3. This Ordinance shall take effect upon publication, as provided by law. Passed, approved and adopted this 16t" day of July, 2007. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald Newspaper the 23~d day of July, 2007. /s/Jeanne F. Schneider, CMC, City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 38-07 AN ORDINANCE AMENDING CITY OF DU- BUQUE CODE OF ORDINANCES CHAPTER 42 SUBDIVISION REGULATIONS-SECTION 42-16, IOWA 32 (SOUTHWEST ARTERIAL) CORRIDOR REVIEW. 264 Regular Session, July 16, 2007 Book 137 Whereas, the Iowa Department of Trans- portation (IDOT) and the City of Dubuque are engaged in a study of the Iowa 32 (Southwest Arterial) Corridor, which will include the right- of-way acquisition for the preferred alignment; and Whereas, the City of Dubuque and the IDOT desire to minimize potential development conflicts during this study by extending the development moratorium for the Southwest Arterial Corridor. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1. City of Dubuque Code of Ordin- ances Section 42-16 is amended to read as fo I I ows: Section 42-16. Iowa 32 (Southwest Arterial) Corridor Review: A proposed plat that divides any parcel within the Iowa 32 (Southwest Arterial) Corridor into two or more lots, and any preliminary plat within the Iowa 32 (Southwest Arterial) Cor- ridor shall be submitted to the City Council for review. No plat for any subdivision or re- subdivision of property in the Iowa 32 (Southwest Arterial) Corridor, as shown on drawings on file in the City Clerk's Office ,shall be approved by the City Council from the effective date of this Section to July 1, 2008, except where a vested right to the is- suance of such approval accrued to any person, firm or corporation as a matter of law prior to the effective date of this Section. Notwithstanding the foregoing, the City Council may approve a pro- posed plat or preliminary plat upon a determination that the proposed sub- division will not negatively impact the acquisition of right-of-way along the preferred alignment of the Iowa 32 (Southwest Arterial) Corridor. The applicant shall provide the City Coun- cil with a plat prepared by a licensed engineer or land surveyor that accu- rately depicts the parcel(s) to be sub- divided and the location of the Iowa 32 (Southwest Arterial) Corridor boundaries. The City Council shall al- so consider any recommendation from the Southwest Arterial Technical Committee regarding potential nega- tive impacts, if any, that would result from approval of the proposed plat or preliminary plat and the subsequent development of the parcel(s). Section 2. This Ordinance shall take effect upon publication, as provided by law. Passed, approved and adopted this 16t" day of July, 2007. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald Newspaper the 23~d day of July, 2007. /s/Jeanne F. Schneider, CMC, City Clerk Upon motion the rules were reinstated li- miting discussion to the City Council. ACTION ITEMS Lake Ridge Drive -Final Plat: Zoning Ad- visory Commission recommending approval of the final plat of Lots 1 through 5 of Cedar Lake Building Group First Addition, as requested by Ben White. Motion by Connors to receive and file the documents and adopt Resolution No. 397-07 Approving the final plat of Lots 1 through 5 of Cedar Lake Building Group First Addition. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 397-07 A RESOLUTION APPROVING THE FINAL PLAT LOTS 1 THRU 5 OF CEDAR LAKE BUILDING GROUP FIRST ADDITION Whereas, there has been filed with the City Clerk a Final Plat of Lots 1 thru 5 of Cedar Lake Building Group First Addition in the City of Dubuque, Iowa; and Whereas, said Final Plat provides Lot 1 and Lot 3 with 0 feet of lot frontage, where 50 feet is required and Lot 1 provides 517 square feet of lot area where 5,000 square feet is re- quired by Section 42-19(b) of the Subdivision Regulations; and Whereas, said Final Plat has been ex- amined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said Final Plat has been ex- amined by the City Council and they find that it conforms to the statutes and ordinances relat- ing thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 42-19(b) of the Subdivision Regulations is waived to allow Lot 1 and Lot 3 have 0 feet of frontage, where 50 feet is required, and Lot 1 to have 517 square feet of lot area where 5,000 square feet is re- quired. Section 2. That the Final Plat Lots 1 Thru 5 of Cedar Lake Building Group First Addition 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. Passed, approved and adopted this 16t" day of July 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Julien Care Place -Final Plat: Zoning Ad- Book 137 Regular Session, July 16, 2007 265 visory Commission recommending approval of the final plat of Julien Care Place located on Seippel Road, south of Julien Care Facility, subject to the proposed roadway being named Humke Road or Humke Court. Motion by Lynch to receive and file the documents and adopt Resolution No. 398-07 Approving the final plat of Julien Care Place in Dubuque County, Iowa. Seconded by Connors. Jones said that the County has requested naming the roadway "Public Safety Way." He asked for removal of the condition naming it Humke Road or Humke Court citing higher citizen rec- ognition with public safety. Lynch concurred amending his motion to name the street "Pub- lic Safety Way." Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 398-07 RESOLUTION APPROVING THE FINAL PLAT OF JULIEN CARE PLACE IN DUBU- QUE COUNTY, IOWA Whereas, there has been filed with the City Clerk a Final Plat of Julien Care Place; and Whereas, the Final Plat has been ex- amined by the Zoning Advisory Commission and has its approval endorsed thereon, and Whereas, said Final Plat has been ex- amined by the City Council and they find that it conforms to the statutes and ordinances relat- ing thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Final Plat of Julien Care Place is hereby approved and the Mayor and City Clerk are hereby authorized and di- rected 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 at- tached agreeing: a) A public street (Public Safety Way) be constructed to a 37-foot width and 60- foot right-of-way in accordance with the approved improvement plans. Section 2.That in the event Dubuque County 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. Passed, approved and adopted this 16t" day of July 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Arensdorf Acres -Final Plat: Zoning Advi- sory Commission recommending approval of the final plat of Arensdorf Acres located on Old Davenport Road in Dubuque County, as re- quested by William Burger. Motion by Cline to receive and file the documents and adopt Resolution No. 399-07 Approving the final plat of Arensdorf Acres. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 399-07 APPROVING THE FINAL PLAT OF ARENS- DORF ACRES. Whereas, there has been filed with the City Clerk a Final Plat of Arensdorf Acres in the City of Dubuque, Iowa; and Whereas, said Final Plat has been ex- amined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said Final Plat has been ex- amined by the City Council and they find that it conforms to the statutes and ordinances relat- ing 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. That Section 42-19(b) of the Subdivision Regulations is waived to allow Lot 1 and Lot 2 to have 0 feet of frontage, where 50 feet of lot frontage is required. Section 3. That the Final Plat of Arensdorf Acres is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubu- que, Iowa upon said Final Plat. Passed, approved and adopted this 16t" day of July, 2007 Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Swiss Valley Farms -Sidewalk Installation Waiver Request: City Manager recommending approval of a request from Swiss Valley Milk Bottling plant at 3510 Central Avenue for a waiver for the construction of sidewalks along its Jackson Street frontage. Motion by Cline to receive and file the documents and adopt Resolution No. 400-07 Waiving the sidewalk requirement for Swiss Valley Farms at 3510 Central Avenue. Seconded by Connors. Con- nors said there was a good reason for the rec- ommendation. Motion carried 7-0. RESOLUTION NO. 400-07 RESOLUTION WAIVING THE SIDEWALK REQUIREMENT FOR SWISS VALLEY FARMS AT 3510 CENTRAL AVENUE Whereas, sidewalks are required by City Code Section 41-100 on any public street that has curb and gutter; and Whereas, a waiver of the requirements of Section 41-100 can only be granted by the City Council; and Whereas, Swiss Valley Farms, 3510 Cen- tral Avenue, has requested a waiver for the construction of sidewalk along Jackson Street 266 Regular Session, July 16, 2007 Book 137 abutting its property in conjunction with site plan approval; and Whereas, Swiss Valley Farms will con- struct asidewalk on its property to accommo- date their employees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the requirement to con- struct sidewalk along Jackson Street at 3510 Central Avenue, be and the same is hereby waived until such time that the City Council determines a sidewalk to be necessary. Passed, approved and adopted this 16t" day of July, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RB Restaurant Management & Consulting (Bricktown Brewery) Liquor License: City Man- ager recommending that the liquor license application of RB Restaurant Management and Consulting be approved as a six-month license contingent on meeting the Building Code re- quirements. Motion by Cline to receive and file the documents and adopt Resolution No. 401- 07 Granting the issuance of a Special Class "C" (BW) Liquor License and a Class "B" Wine Permit to RB Restaurant Management (Brick- town Brewery) for six (6) months. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 401-07 Whereas, applications for Liquor Licenses have been submitted to this Council for ap- proval 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 Ordin- ances 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. SPECIAL CLASS "C" (BW) LIQUOR LI- CENSE RB Restaurant Management~Bricktown Brewery+(Sunday/Outdoor Sale)~299 Main Street CLASS "B" WINE PERMIT RB Restaurant Management~Bricktown Brewery~299 Main Street Passed, approved and adopted this 16th day of July, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cooper Management, LLC (Bricktown) Hearing: Communication from Tom Bitter, representing Cooper Management, LLC, re- questing the liquor license suspension hearing be rescheduled to later date. Motion by Cline to receive and file the documents and cancel the related hearing set for July 18, 2007. Seconded by Connors. Motion carried 7-0. Motion by Cline to remove from the table Consent Item (#32) Cooper Management Company Liquor License Subpoenas, which granted the City Clerk authority to sign sub- poenas on behalf of the City Council. Seconded by Connors. Motion carried 7-0. Motion by Cline to receive and file the doc- uments of Consent Item (#32) Cooper Man- agement Company Liquor License Subpoe- nas. Seconded by Connors. Motion carried 7-0. CarteGraph Systems, Inc.: City Manager recommending that the City close out the de- velopment agreement with CarteGraph Sys- tems, Inc. and determine that no penalties are due the City under the agreement. Motion by Michalski to receive and file the documents and approve. Seconded by Connors. Lynch said he certainly supports this recommenda- tion and believes CarteGraph has done a good job. Motion carried 7-0. Modification of Ordinance 32-321.276: City Manager recommending approval of an amendment to Ordinance 32-321.276 to change the reference to "disabilities" from the current reference to "handicapped" and other updates as noted. Motion by Michalski to re- ceive and file the documents and that the re- quirement that a proposed ordinance be con- sidered 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 Mi- chalski for final consideration and adoption of Ordinance No. 39-07 Amending Section 32- 321.276 of the City of Dubuque Code of Or- dinances Use of Certain Nonmotorized Ve- hicles, Conveyances and Equipment in Munic- ipal Parking Garages or Lots and in Certain Other Places in the City. Seconded by Con- nors. Motion carried 7-0. ORDINANCE NO. 39-07 AMENDING SECTION 32-321.276 OF THE CITY OF DUBUQUE CODE OF ORDIN- ANCES USE OF CERTAIN NONMOTORIZED VEHICLES, CONVEYANCES AND EQUIP- MENT IN MUNICIPAL PARKING GARAGES OR LOTS AND IN CERTAIN OTHER PLAC- ES IN THE CITY NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. City of Dubuque Code of Ordin- ances Section 32-321.276 is hereby amended to read as follows: Book 137 Regular Session, July 16, 2007 267 Sec. 32-250. Use of Certain Non-motorized Vehicles, Conveyances And Equipment in Municipal Parking Garages or Lots And In Certain Other Places In The City. (a) No person shall be upon and make use of roller skates, skateboards, bi- cycles, or other wheeled recreational ve- hicles, or conveyances within any munici- pal parking garage or municipal parking lot. This provision shall not apply to use of a wheelchair or other similar conveyance when used for transportation by any tem- porarily or permanently handicapped per- son, or to a wagon being pulled by a pede- strian at a walking speed. (b) No person shall use roller skates, skateboards, wagons, or other wheeled or non-motorized recreational vehicles, with the exception of bicycles, upon the road- way portion of any right of way, except that a person may use any of the above- proscribed conveyances in any marked or unmarked crosswalk. Any person using any of the above-proscribed conveyances in crossing a roadway at a place other than a marked or unmarked crosswalk shall be subject to the requirements set forth in sec- tion 32-243 of this article. (c) The City Manager is hereby au- thorized to designate and post signs in areas where skateboarding, skating and riding bicycles and scooters is prohibited. No person shall skateboard, skate or ride a bicycle or a scooter in any such area. (d) The provisions of this section shall not apply to the above proscribed conveyances when used in any parade, exhibition, or gathering of persons which has been authorized by permit from the city manager. (e) The scheduled fine for a violation of this section shall be twenty-five dollars ($25.00). Section 2. This ordinance shall take effect upon publication. Passed, approved and adopted this 16t" day of July, 2007. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald Newspaper the 23~d day of July, 2007. /s/Jeanne F. Schneider, CMC, City Clerk 2006 International Mechanical (Heating, Air Conditioning and Ventilating) Code: City Man- ager recommending adoption of the 2006 In- ternational Mechanical Code (IMC) published by the International Code Council (ICC). Mo- tion by Jones to receive and file the docu- ments and that the requirement that a pro- posed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be sus- pended. Seconded by Braig. Motion carried 7- 0. Motion by Jones for final consideration and adoption of Ordinance No. 40-07 Providing that the Code of Ordinances, City of Dubuque, Iowa be amended by repealing Section 24-1 thereof and enacting a new Section 24-1 the- reof pertaining to revising and reenacting a Mechanical Code for the City of Dubuque, Iowa and providing for the issuance of permits and collection of fees therefore. Seconded by Braig. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 40-07 AN ORDINANCE OF THE CITY OF DUBU- QUE, IOWA PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA BE AMENDED BY REPEALING SEC- TION 24-1 THEREOF AND ENACTING A NEW SECTION 24-1 THEREOF PERTAIN- ING TO REVISING AND REENACTING A MECHANICAL CODE FOR THE CITY OF DUBUQUE, IOWA AND PROVIDING FOR THE ISSUANCE OF PERMITS AND COL- LECTION OF FEES THEREFORE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 24-1 of the Code of Ordinances of the City of Dubuque, Iowa be amended by repealing Section 24-1 and enact- ing anew Section 24-1 in lieu thereof: Section 24-1 Except as hereinafter added to, deleted, modified or amended, there is hereby adopted by reference as the mechanical code of the City that certain mechanical code known as the "International Mechanical Code", 2006 Edition, including Appendix A as prepared and edited by the Inter- national Code Council (ICC), and the provisions of such mechanical code shall be controlling for the installation, maintenance and use of heating, venti- lating, cooling, refrigeration systems, in- cinerators and other miscellaneous heat-producing appliances within the corporate limits of the City and shall be known as the "Dubuque Mechanical Code". A copy of the International Me- chanical Code, 2006 Edition, as adopted, shall be on file in the office of the City Clerk for public inspection. Section 2. When Effective. This Ordin- ance shall take effect immediately upon publi- cation as provided by law. Passed, approved and adopted this 16t" day of July, 2007. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald 268 Regular Session, July 16, 2007 Book 137 Newspaper the 23~d day of July, 2007. /s/Jeanne F. Schneider, CMC, City Clerk 2006 International Plumbing Code: City Manager recommending adoption of the 2006 International Plumbing Code (IPC) published by the International Code Council (ICC). Mo- tion by Connors to receive and file the docu- ments and that the requirement that a pro- posed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be sus- pended. Seconded by Michalski. Motion car- ried 7-0. Motion by Connors for final consid- eration and adoption of Ordinance No. 41-07 Providing that the Code of Ordinances, City of Dubuque, Iowa be amended by repealing Sec- tion 37-1 thereof and enacting a new Section 37-1 thereof pertaining to revising and reenact- ing aPlumbing Code for the City of Dubuque, Iowa and providing for the issuance of permits and collection of fees therefore. Seconded by Michalski. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 41-07 AN ORDINANCE OF THE CITY OF DUBU- QUE, IOWA PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA BE AMENDED BY REPEALING SEC- TION 37-1 THEREOF AND ENACTING A NEW SECTION 37-1 THEREOF PERTAIN- ING TO REVISING AND REENACTING A PLUMBING CODE FOR THE CITY OF DU- BUQUE, IOWA AND PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFORE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That Section 37-1 of the Code of Ordinances of the City of Dubuque, Iowa be amended by repealing Section 37-1 and enact- ing anew Section 37-1 in lieu thereof: Section 37-1. Except as hereinafter added to, deleted, modified or amended, there is hereby adopted by refer- ence as the plumbing code of the City that certain plumbing code known as the "International Plumbing Code", 2006 Edition published by the International Code Council and the provisions of such plumbing code shall be controlling for the installation, alte- ration, repair, relocation, replace- ment, addition to and use or maintenance of plumbing equip- ment and systems in all matters covered by such plumbing code within the corporate limits of the City and shall be known as the "Dubuque Plumbing Code". A copy of the International Plumbing Code, 2006 Edition, as adopted, shall be on file in the office of the City Clerk for public inspection. Section 2. That Section 37-2 of the Code of Ordinances of the City of Dubuque, Iowa be amended by amending the current Section 37- 2 as follows: Section 30.8. Licensing, Examination and Registration of Plumbers Re- quired is hereby amended by add- ing the following to Section 30.8(j) as follows: Section 30.8 (new last paragraph)-Master and Jour- neymen plumbers holding li- censes in jurisdictions with similar licensing requirements as the City of Dubuque and whose Plumbing Board or Authority Having Juris- diction has expressed, in writing, that they will accept City of Dubu- que licenses as proof of qualifica- tion for a license in their jurisdic- tion, will not be subject to testing or interview by the City of Dubu- que Plumbing Board. Section 202 of the 2006 International Plumbing Code is hereby amended by adding the definition of Approved Qualified Welder: Section 202-Approved Qualified Welder- A person who specializes in welding of pipes and holds a valid certificate of competency from a recognized testing labora- tory, based on the requirements of the A. S. M. E. Boiler and Pres- sure Vessels Code, Section IX or as approved by the administrative authority's testing procedures. Section 603 of the International Plumbing Code is hereby amended by de- leting Section 603.1 and adding the following: Section 603.1 Size of water service pipe. The water service pipe shall be sized to supply water to the structure in the quantities and at the pres- sures required in this code. The minimum diameter of water ser- vice pipe shall be one inch (1"). Exception: Existing 5/8" lead wa- ter services shall be sized to 3/" copper upon replacement. Section 3. When Effective. This Ordinance shall take effect immediately upon publication as provided by law. Passed, approved and adopted this 16t" day of July, 2007. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald Book 137 Regular Session, July 16, 2007 269 Newspaper the 23~d day of July, 2007. /s/Jeanne F. Schneider, CMC, City Clerk 2006 International Residential Code: City Manager recommending adoption of the 2006 International Residential Code (IRC) published by the International Code Council (ICC) and the adoption of four amendments recommend- ed by the Building Code Board of Appeals. Motion by Michalski to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Lynch. Motion car- ried 7-0. Motion by Michalski for final consid- eration and adoption of Ordinance No. 42-07 Amending the Code of Ordinances, City of Dubuque, Iowa by adding and enacting new Sections 11-5 and 11-6 adopting the 2006 International Residential Code for the City of Dubuque, Iowa and providing for the issuance of permits and collection of fees therefore. Seconded by Connors. Buol questioned if Council could change the grandfathering clause. Braig suggested this be brought back after further consideration. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 42-07 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA BY ADDING AND ENACTING NEW SEC- TIONS 11-5 AND 11-6 THEREOF ADOPTING THE 2006 INTERNATIONAL RESIDENTIAL CODE FOR THE CITY OF DUBUQUE, IOWA AND PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFORE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Sections 11-5 and 11-6 of the Code of Ordinances of the City of Dubu- que, Iowa be amended by enacting new Sec- tions 11-5 and 11-6 as follows: Sec. 11-5. International Residential Code - Adopted. Except as hereinafter added to, de- leted, modified or amended, there is here- by adopted by reference as the building code of the city that certain building code known as the International Residential Code, 2006 Edition and as published by the International Code Council, Inc., and the provisions of such building code shall be controlling in the construction of one and two family residential buildings and in all matters covered by such building code within the corporate limits of the city and shall be known as the "Dubuque Residen- tial Building Code." A copy of the Interna- tional Residential Code, 2006 Edition, as adopted, shall be on file in the office of the city clerk for public inspection. Section 2. That the Code of Ordinances of the City of Dubuque, Iowa be amended by enacting Section 11-6 as follows: Section 11-6. The code adopted by Section 11-5 of this chapter is hereby amended as follows: Section R103 Department of Building Safety. Section R103 "Department of Building Safety" is hereby amended by repealing such section and replacing such section with a new section in lieu thereof as follows: Sec. R103.1. Creation of enforcement agency. There is hereby established in the city the building services department, which shall be under the jurisdiction of the building official. Sec. R105.5 Permits, Expiration. Section 105.5 "Expiration" is hereby amended by re- pealing such section and replacing such sec- tion with a new section in lieu thereof as fol- lows: Sec. 105.5 Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is completed within one year after its issuance. The building official is authorized to grant, in writing, one or more extensions of time, for periods not to exceed 180 days. The extensions shall be requested in writing and justifiable cause demonstrated. Section R112 Board of Appeals. Section R112 "Board of Appeals" is hereby amended by repealing such section and replacing such section with a new section in lieu thereof as fo I I ows: Section R112. Building Code and Advisory Appeals Board. (a) Board Established. In order to deter- minethe suitability of alternative building mate- rials and methods of building construction, to provide for reasonable interpretation of the provisions of the building code, and to advise the city council on all building construction regulations and procedures, there is hereby created the building code advisory and ap- peals board. (b) Membership. The building code advi- sory and appeals board shall consist of five (5) members appointed by the city council. One (1) member shall be an architect or engineer registered in the State of Iowa, one (1) mem- ber shall be a general building construction contractor, one (1) member shall be a jour- neyman carpenter, and two (2) members shall be from the public at large. (c) Term of Office. The term of office of all board members shall be for three (3) years, except that initial appointments of one (1) member shall be for a term of one (1) year, two (2) members for two-year terms and two (2) members for three-year terms. (d) Rules and Regulations. The board shall make such rules and prescribe such proce- dures as may be reasonably necessary for its 270 Regular Session, July 16, 2007 Book 137 operation, except that such rules shall include the following: (1) Board Chairperson. The chairperson of the board shall be a member of the board elected an- nually by a majority of the board. (2) Secretary of the board. The building official, or designee, shall be secretary of the board. The sec- retary shall arrange for meetings and prepare and keep such mi- nutes and records and perform such other clerical work as the board may direct. (3) Quorum. Three (3) members shall constitute a quorum. The con- curring vote of three (3) members of the board shall be necessary to pass any motion. (4) Service until appointment of successor. Upon completion of the term of office, members of the building code board shall continue to serve in their full capacity until their successor has been duly ap- pointed. (5) Meetings. The building code board shall meet upon call of the chairperson, secretary or city man- ager. Members of the building code board shall attend at least two- thirds of all scheduled meetings within atwelve-month period. If any member does not attend such pre- scribed number of meetings, it shall constitute grounds for the board to recommend to the city council that said member be replaced. (6)Attendance. The secretary shall enter the attendance of all members on the minutes. (7) Conformity with open meet- ings law. All meetings shall be held in conformance with provisions of the Iowa Open Meetings Law. (8) Minutes. The building code board shall file with the city council a copy of the minutes of each meeting of the board within ten (10) working days after such meeting. (9)Administrative policies. All administrative, personnel, account- ing, budgetary, and procedural pol- icies of the city shall govern the building code board in all of its op- erations. (10) Duties when serv- ing as an appeals board. Any per- son who is aggrieved by a decision of the building official on any re- quirements resulting from the en- forcement of the building code, may appeal from such decision to the building code board and said board shall serve as an appeal board. In case the aggrieved party is a member of said board, said member shall be disqualified as a member of the board acting as an appeal board, until the person ag- grieved has been heard and a de- cision rendered. The appeal shall be made by the person aggrieved, giving written notice of such appeal to the building official within seven (7) days of receipt of decision from which the appeal is taken. The building code board sitting as an appeal board shall meet within ten (10) work- ing days after receiving such notice and render a decision within five (5) working days thereaf- ter. Any interested party, including the building official, shall have the right to present their case to the appeal board, whose decision shall be final unless appealed to the district court as provided by law. The board of appeals may reverse or modify a decision of the building official on- ly on finding that: a. The building official had in- correctly interpreted the provision of this code; b. The decision of the building official creates an unnecessary hard- ship upon the appellant. The board of appeals shall re- quire that sufficient evidence or proof be submitted to substantiate any claims made regarding the use of alternates. All appeal hearings shall be conducted in accordance with the procedures specified in this code. (e) Limitations of Authority. The Board of Appeals shall have no authority relative to in- terpretation of the administrative provisions of this code nor shall the Board be empowered to waive requirements of this code. In so modifying or reversing such decision of the building official, the board of appeals may authorize any alternate to the decision of the building official and the provisions, pro- vided it finds the proposed material or method of construction is satisfactory for the use in- tended and complies with the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least equivalent to that prescribed by this code in suitability, strength, effectiveness, durability, fire resistance and safety. Section R113 Violations. Section R113, "Violations" is hereby amended by repealing such section and replacing such section with a new section in lieu thereof as follows: Section R113 Violations It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, Book 137 Regular Session, July 16, 2007 271 repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of this code. The doing of any act, or the omission of any act, declared to be unlawful by this code, or any code or ordinance herein adopted by reference shall be deemed a separate offense for each and every day or portion thereof dur- ing which any such unlawful act is committed, continued or permitted and upon conviction shall be punishable as provided in Chapter I of the Code of Ordinances. The penalty herein provided shall be cumulative with and in addi- tion to the revocation, cancellation or forfeiture of any license or permit elsewhere in this code provided for violation thereof. Sec. R310. Section R310, "Emergency Es- cape and Rescue Openings" is hereby amended as follows: Sec. R310 Emergency Escape and Res- cue Openings Section 310.1 Emergency escape and res- cue required. Add exceptions to Section 310.1: EXCEPTIONS: 1. Basements without bedrooms that provide a second stairway that terminates in a room separate from the first stairway. 2. The finished sill height may ex- ceed 44 inches (1118 mm) above the floor if approved by the building offi- cial and the following conditions are met: The exterior finish grade is more than 36 inches (914 mm) above the interior floor level of the room, OR altering the exterior configuration of the building would adversely affect the historical sig- nificance of the building. A platform capable of support- ing alive load of 300 pounds shall be permanently affixed at the inte- rior of the window. This platform shall be no lower than 20 inches (508 mm) above the floor and no higher than 36 inches (914 mm) above the floor. The distance from the platform to the finished sill height shall not exceed 36 inches (914 mm). The platform shall ex- tend outward from the walla min- imum of 24 inches (610 mm) and shall be at least as wide as the clear openable width of the win- d ow. The escape or rescue window shall have a minimum clear open- able area of 9 square feet (0.84 m2), with a minimum dimension of 36 inches (914 mm). The building is equipped with smoke detectors installed in ac- cordance with Section R313. Sec.R311.5.6.2. Section R311.5.6.2 , "Handrails" is hereby amended by adding ex- ception #3 as follows: EXCEPTIONS: 1. Handrails shall be permitted to be in- terrupted by a newel post at a turn. 2. The use of a volute, turnout or start- ing easing shall be allowed over the lowest tread. 3. Top rails may be interrupted by walls. Sec. R404 Foundation Walls. Section R404.1.2, "Concrete Foundation Walls" is he- reby amended by adding an exception as fol- I ows: EXCEPTION: The following reinforcement require- ments may be used as an alternative for 8" (204 mm) thick concrete foun- dation walls between 96 (2438 mm) and 120 inches (3048 mm) in height: #4 bars 20 inches (508 mm) on cen- ter vertically and #4 bars 24 inches (610 mm) on center horizontally. Sec. P2603.6 Freezing. Section P2603.6, "Freezing" is hereby amended by repealing the last sentence and replacing such sentence with a new sentence in lieu thereof as follows: Water service pipe shall be installed 6 inches (152 mm) below the frost line. Sec. P3114 Air Admittance Valves. Section P3114.3, "Where permitted" is hereby amended by repealing such section and re- placing such section with a new section in lieu thereof as follows: Individual vents, branch vents, circuit vents and stack vents shall be permit- ted to terminate with a connection to an air admittance valve when ap- proved by the building official or their agent in cases where structural or ex- isting conditions do not allow for the termination of a vent to the exterior of the structure. Part VIII Electrical. Part VIII "Electrical" is hereby amended by deleting Chapters 33-42 in their entirety. Section 3. This Ordinance shall be in effect after its final passage, approval and publica- tion as required by law. Passed, approved and adopted this 16th day of July, 2007. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald Newspaper the 23~d day of July, 2007. /s/Jeanne F. Schneider, CMC, City Clerk 2006 International Building Code: City 272 Regular Session, July 16, 2007 Book 137 Manager recommending adoption of the 2006 International Building Code (IBC) published by the International Code Council (ICC). Motion by Jones to receive and file the documents and that the requirement that a proposed or- dinance be considered and voted on for pas- sage at two Council meetings prior to the meeting at which it is to be passed be sus- pended. Seconded by Lynch. Motion carried 7- 0. Motion by Jones for final consideration and adoption of Ordinance No. 43-07 Amending the Code of Ordinances, City of Dubuque, Iowa by repealing Section 11-1 and Section 11-2 and enacting new Section 11-1 and 11-2 in lieu thereof adopting the 2006 International Building Code for the City of Dubuque, Iowa and providing for the issuance of permits and collection of fees therefore. Seconded by Lynch. Jones said that he is proud of City staff and the amount of work done by the Building Department. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 43-07 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA BY REPEALING SECTION 11-1 AND SEC- TION 11-2 AND ENACTING NEW SECTIONS 11-1 AND 11-2 IN LIEU THEREOF ADOPT- ING THE 2006 INTERNATIONAL BUILDING CODE FOR THE CITY OF DUBUQUE, IOWA AND PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFORE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 11-1 of the Code of Ordinances of the City of Dubuque, Iowa be amended by repealing Section 11-1 and enact- ing anew Section 11-1 in lieu thereof as fol- l ows: Sec. 11-1. International Building Code - Adopted. Except as hereinafter added to, deleted, modified or amended, there is hereby adopted by reference as the building code of the city that certain building code known as the Inter- national Building Code, 2006 Edition and as published by the International Code Council, Inc., and the provisions of such building code shall be controlling in the construction of build- ings and other structures and in all matters covered by such building code within the cor- porate limits of the city and shall be known as the "Dubuque Building Code." A copy of the International Building Code, 2006 Edition, as adopted, shall be on file in the office of the city clerk for public inspection. Section 2. That the Code of Ordinances of the City of Dubuque, Iowa be amended by repealing Section 11-2 and enacting a new section 11-2 in lieu thereof as follows: Section 11-2. The code adopted by Section 11-1 of this chapter is hereby amended as fo I I ows: Sec. 101.2 Section 101.2 "Scope" is here- by amended by repealing Sec. 101.2 and enacting a new Sec. 101.2 to read as follows: Sec. 101.2 Scope. The provisions of this code shall apply to the construction, alteration, moving, demolition, repair, maintenance and use of any building or structure within this ju- risdiction, except work located primarily in a public way, public utility towers and poles, me- chanical equipment not specifically regulated in this code, and hydraulic flood control struc- tures. For additions, alterations, moving and maintenance of buildings and structures, see Chapter 34. For temporary buildings and struc- tures, see Section 3103 and Appendix Chapter 31. Historic buildings. Repairs, alterations and additions necessary for the preservation, res- toration, rehabilitation, continued use or change of use of a historic building may be made in compliance with the provisions of the 1997 Edition of the Uniform Code for Building Conservation (UCBC) or Section 11-70 through 11-79 of the City of Dubuque Code of Ordinances. Where, in any specific case, different sec- tions of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific re- quirement shall be applicable. Wherever in this code reference is made to the appendix, the provisions in the appendix shall not apply unless specifically adopted. Sec.105. Section 105.5 "Expiration," is he- reby amended by repealing such section and replacing such section with a new section in lieu thereof as follows: Sec. 105.5 Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is completed within two years after its issuance. The building official is authorized to grant, in writing, one or more extensions of time, for periods not to exceed one year. The extensions shall be requested in writing and justifiable cause demonstrated. Sec. 112. Section 112, "Board of Appeals," is hereby amended by repealing such section and replacing such section with a new section in lieu thereof as follows: Sec. 112. Building Code and Advisory Ap- peals Board. (a) Board Established. In order to deter- minethe suitability of alternative building mate- rials and methods of building construction, to provide for reasonable interpretation of the provisions of the building code, and to advise Book 137 Regular Session, July 16, 2007 273 the city council on all building construction regulations and procedures, there is hereby created the building code advisory and ap- peals board. (b) Membership. The building code advi- sory and appeals board shall consist of five (5) members appointed by the city council. One (1) member shall be an architect or engineer registered in the State of Iowa, one (1) mem- ber shall be a general building construction contractor, one (1) member shall be a jour- neyman carpenter, and two (2) members shall be from the public at large. (c) Term of Office. The term of office of all board members shall be for three (3) years, except that initial appointments of one (1) member shall be for a term of one (1) year, two (2) members for two-year terms and two (2) members for three-year terms. (d) Rules and Regulations. The board shall make such rules and prescribe such proce- dures as may be reasonably necessary for its operation, except that such rules shall include the following: (1) Board Chairperson. The chairperson of the board shall be a member of the board elected annually by a majority of the board. (2) Secretary of the board. The building official, or designee, shall be secretary of the board. The secretary shall arrange for meetings and pre- pare and keep such minutes and records and perform such other cleri- cal work as the board may direct. (3) Quorum. Three (3) members shall constitute a quorum. The con- curring vote of three (3) members of the board shall be necessary to pass any motion. (4) Service until appointment of successor. Upon completion of the term of office, members of the build- ing code board shall continue to serve in their full capacity until their successor has been duly appointed. (5) Meetings. The building code board shall meet upon call of the chairperson, secretary or city manag- er. Members of the building code board shall attend at least two-thirds of all scheduled meetings within a twelve-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. (6) Attendance. The attendance of all members shall be entered on the minutes by the secretary. (7) Conformity with open meetings law. All meetings shall be held in conformance with provisions of the Iowa Open Meetings Law. (8) Minutes. The building code board shall file with the city council a copy of the mi- nutes of each meeting of the board within ten (10) working days after such meeting. (9) Administrative policies. All administra- tive, personnel, accounting, budgetary, and procedural policies of the city shall govern the building code board in all of its operations. (10) Duties when serving as an appeals board. Any person who is aggrieved by a deci- sion of the building official on any require- ments resulting from the enforcement of the building code, may appeal from such decision to the building code board and said board shall serve as an appeal board. In case the ag- grieved party is a member of said board, said member shall be disqualified as a member of the board acting as an appeal board, until the person aggrieved has been heard and a deci- sion rendered. The appeal shall be made by the person aggrieved, giving written notice of such appeal to the building official within seven (7) days of receipt of decision from which the appeal is taken. The building code board sitting as an appeal board shall meet within ten (10) work- ing days after receiving such notice and render a decision within five (5) working days thereaf- ter. Any interested party, including the building official, shall have the right to present their case to the appeal board, whose decision shall be final unless appealed to the district court as provided by law. The board of appeals may reverse or modi- fy adecision of the building official only on finding that: a. The building official had incorrectly in- terpreted the provision of this code; b. The decision of the building official creates an unnecessary hardship upon the appellant. The board of appeals shall require that sufficient evidence or proof be submitted to substantiate any claims made regarding the use of alternates. All appeal hearings shall be con- ducted in accordance with the proce- dures specified in this code. (e) Limitations of Authority. The Board of Appeals shall have no authority relative to in- terpretation of the administrative provisions of this code nor shall the Board be empowered to waive requirements of this code. In so modifying or reversing such decision of the building official, the board of appeals may authorize any alternate to the decision of the building official and the provisions, pro- vided it finds the proposed material or method of construction is satisfactory for the use in- tended and complies with the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least 274 Regular Session, July 16, 2007 Book 137 equivalent to that prescribed by this code in suitability, strength, effectiveness, durability, fire resistance and safety. Sec. 113 Section 113, "Violations" is here- by amended by repealing such section and replacing such section with a new section in lieu thereof as follows: Sec. 113 Violations It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of this code. The doing of any act, or the omission of any act, declared to be unlawful by this code, or any code or ordinance herein adopted by reference shall be deemed a separate offense for each and every day or portion thereof dur- ing which any such unlawful act is committed, continued or permitted and upon conviction shall be punishable as provided in Chapter 1 of the Code of Ordinances. The penalty herein provided shall be cumulative with and in addi- tion to the revocation, cancellation or forfeiture of any license or permit elsewhere in this code provided for violation thereof. Sec. 115. Section 115, "Unsafe Structures and Equipment" is hereby amended by repeal- ing such section and replacing such section with a new section in lieu thereof as follows: Sec. 115. Unsafe Structures and Equip- ment All buildings or structures regulated by this code which are structurally unsafe or not pro- vided with adequate egress, or which consti- tute afire hazard, or are otherwise dangerous to human life are, for the purpose of this sec- tion, unsafe. Any use of buildings or structures constituting a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disas- ter, damage or abandonment is, for the pur- pose of this section, an unsafe use. Parapet walls, cornices, spires, towers, tanks, statuary and other appendages or structural members which are supported by, attached to, or a part of a building and which are in deteriorated condition or otherwise unable to sustain the design loads which are specified in this code are hereby designated as unsafe building ap- pendages. All such unsafe buildings, structures or ap- pendages are hereby declared to be public nuisances and shall be abated by repair, reha- bilitation, demolition or removal in accordance with the procedures set forth in Article II of Chapter 11 of the Code of Ordinances. Section 3. This Ordinance shall be in effect after its final passage, approval and publica- tion as required by law. Passed, approved and adopted this 16t" day of July, 2007. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald Newspaper the 23~d day of July, 2007. /s/Jeanne F. Schneider, CMC, City Clerk Federal Building Monumental Sign: City Manager recommending approval of the de- sign concept for the Federal Building Monu- mental Sign: Motion by Cline to receive and file the documents, approve the design and naming the facility "Historic Federal Building. " Seconded by Connors. Jones said that the design is missing "City of Dubuque" wording. Motion carried 4-3 with Lynch, Michalski, and Braig voting nay. All-America City Award: City Manager re- commending approval of the implementation of items for promotion of the All-America City Award. Motion by Jones to receive and file the documents and approve. Seconded by Lynch. Motion carried 7-0. 175t" Anniversary Celebration Coordinating Committee: Appointment of City Council Mem- ber to the 175t" Anniversary Celebration Coor- dinating Committee. Motion by Jones to re- ceive and file the documents and appoint Mayor Buol as the committee's Council repre- sentative. Seconded by Connors. Motion car- ried 7-0. Legislative Priorities: City Manager re- commending approval of the Legislative Priori- ties to be submitted to the Iowa League of Cities. Motion by Jones to receive and file the documents and approve. Seconded by Con- nors. Motion carried 7-0. CLOSED SESSION Upon motion the Council adjourned to Closed Session at 8:30 p.m. to discuss pend- ing litigation and property acquisition pursuant to Chapter 21.5(1)(c)(j) 2007 Code of Iowa Upon motion Council reconvened regular session at 8:44 p.m. having given staff proper direction. There being no further business, upon mo- tion the Council adjourned at 8:45 p.m. /s/Jeanne F. Schneider, CMC City Clerk Book 137 Regular Sesison, August 6, 2007 275 CITY OF DUBUQUE, IOWA CITY COUNCIL OFFICIAL PROCEEDINGS The Dubuque City Council met in regular session at 6:30 p.m. on August 6, 2007, in the Public Library Auditorium Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michals- ki, City Manager Van Milligen, City Attorney Lindahl Notice of Claims/Suits: Elmer Arensdorf for property damage; Richard and Linda Cathman for property damage; Joseph H. Fecker, Jr. for property damage; Jean Heim for vehicle dam- age; Grace Keith for property damage; Karen Leicht for property damage; Krystle Lorenz for property damage; Neil Pitman for property damage; David and Ellen Rath for property damage; Anthony Rokusek for property dam- age; Donald and Katherine Schneider for property damage; Nelle Trefz for property damage; John and Valerie Herber for property damage. Upon motion the documents were received and filed and referred to the City At- torney. 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 Council. Invocation was provided by Pastor Robert De Corah, Grandview Heights Baptist Church PROCLAMATION Responsible Gaming Week (August 6-10, 2007) was accepted by Bruce Wentworth, Du- buque Racing Association, 1855 Greyhound Road. PRESENTATION 1,000 Friends of Iowa Best Development Award Presentation was accepted by John Gronen, of Gronen Properties, 1086 Main Street; Public Health Specialist Mary Rose Corrigan, 1300 Main Street; and Architect Jeff Morton, 206 Bluff Street. CONSENT ITEMS Motion by Cline to receive and file the doc- uments and dispose of as indicated. Seconded by Jones. Braig requested (#21) Comprehen- sive Plan Goals be held for separate discus- sion. Motion carried 7.0. Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 5/16, 6/26, and 7/5; City Council of 7/16; Electrical Code Board of 7/23; Housing Code Appeals Board of 3/20; Investment Oversight Advisory Commission of 7/31; Library Board of Trustees of 5/24 and 6/15; Park and Recreation Com- mission of 7/10; Substance Abuse Services Center Fourth Quarterly Report; Investment Oversight Advisory Commission 57t" Quarterly Proofs of publication of City Council Pro- ceedings of July 2 and 9, 2007 and List of Claims and Summary of Revenues for month ended June 30, 2007; Report. Upon motion the documents were received and filed. City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Com- munities Assurance Pool: American Family Insurance for vehicle damage; Elmer Arens- dorf for property damage; Lisa Bowers for property damage; William Brown for property damage; Linda and Richard Cathman for property damage; Joseph H. Fecker, Jr. for property damage; Jean Heim for vehicle dam- age; David and Ellen Rath for property dam- age; Beth Hilkin for property damage; Lisa Huinker for property damage; Tracy Little for property damage; Joan Overhouse for proper- ty damage; Donald and Katherine Schneider for property damage; Ann Till for property damage; Julie Welter for property damage; Neil Pitman for property damage. City Attorney recommending that the claims of Karen Leicht, Grace Keith, Nelle Trefz, and Krystle Lorenz for property damage be referred to Tricor Insurance and Financial Services. Upon motion the documents were received and filed and concurred. Citizen Communications: Communication from Jeanne Beeghley, 3060 Deerwood Circle, regarding the condition of Asbury Road from St. Ambrose west to JFK Road, and the inter- section of Cedar Cross Road and Highway 20. Communication from Judy Dupont and the Cyril G. Habel Family, 13212 Sherrill Road, regarding the intersection of the Northwest Arterial and Asbury Road. Communication from Esther Thome, 2820 Brunswick Street, requesting to purchase a portion of a City street/alley abutting her prop- erty. Communication from David L. Clemens, representing Denise Keller, requesting to pur- chase aportion of an alley abutting the proper- ty at 1819 Pierce Street. Upon motion the doc- uments were received and filed and referred to the City Manager. All-America City: Communication from the National League of Cities congratulating the 276 Regular Session, August 6, 2007 Book 137 City of Dubuque on receiving the 2007 All- America City award. Communication from the City of Hollywood, Florida congratulating the City of Dubuque on receiving the 2007 All-America City award. Upon motion the documents were received and filed. Civil Service Commission: Civil Service Commission submitting the certified list for the positions of Records Supervisor and Police Officer. Upon motion the documents were re- ceived and filed and made a Matter of Record. June 29, 2007 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 2007 Code of Iowa, an examination for the position of Records Supervisor was given on June 12, 2007. We hereby certify that the individuals listed below have passed this written examina- tion and the vacancy for this position should be made from this list and that this list is good for two (2) years from above date. RECORDS SUPERVISOR Ronda Powers Zachary P. Davis Joseph M. Young Jennifer A. Pillard Melinda E. Vize Cynthia E. Sanders Lynn Dubord Paul Duval Kay Munson Rifat M. Sufi Cindy L. Schroeder Jennifer C. Lotz Victoria A. Vivian Mary Duncan Becky S. Kienzle Connie M. Paulson Galinda A. Miller Kelly Smith Stacey Moore Deborah L. Dudley Shirley Armstrong Tami Ernster Nancy J. Koester Shelley N. Laird Thomas A. Voss Respectfully submitted, Civil Service Commission June 29, 2007 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 2007 Code of Iowa, an examination for the position of Police Officer was given on April 28, 2007. We hereby certify that the individuals listed on the attached sheet 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. Respectfully submitted, Civil Service Commission POLICE OFFICER Hesselbacher, Brad Beringer, Steve Tuegel, Cory Schaul, Eric Jones, Eric Lehman, Eric Deutsch, Bruce Trowbridge, Josh Cross, Joel Lochner, Kim Gilstrap, Benjamin Sadler, Hugh Dolphin, Neil Hillman, Peter Gassmen, Glen Decker, Cody Ostrander, Daniel Voss, Bryant Steines, Derek Tschiggfrie, Jeff Freiburger, Shane Digmann, Brian Pregler, Brian Alvarez, Alex Downs, Mary Denlinger, Brian Pride, Thomas Garrigus, Lucas Beers, Jonathon Scott, Alex Nevers, Michael Hoppman, Larry Scherman, Ryan Anderson, Brian Cross, Kyle Motsch, Jennifer Miller, Jeff Warren, Scott Deen, Jonathon Goerdt, Jason Reserve List Tatum, Marcus Schwager, Ashley Respectfully submitted, Civil Service Commission Office of the City Assessor: Communica- tion from the City Assessor advising that Vickie Ann Glab has appealed her 2007 property tax assessment to the Property Assessment Ap- peal Board in Des Moines. Upon motion the documents were received and filed. Community Development Block Grant Pur- chase of Service Agreements: City Manager recommending approval of an amendment to the Community Development Block Grant (CDBG) Purchase of Service Agreements for the Northeast Iowa School of Music, Dubuque County ISU Extension and the Four Mounds Foundation. Upon motion the documents were received, filed, and approved. Purchase of Property - 2100 Kniest Street: City Manager recommending approval to pur- chase aresidential duplex dwelling located at 2100 Kniest Street as part of the acquisition program associated with the Bee Branch Creek Restoration Project. Upon motion the documents were received and filed and Reso- lution No. 402-07 Approving the acquisition of real estate located at 2100 Kniest Street in the City of Dubuque was adopted. RESOLUTION NO. 402-07 A RESOLUTION APPROVING THE ACQUI- SITION OF REAL ESTATE LOCATED AT 2100 KNIEST STREET, IN THE CITY OF DUBUQUE WHEREAS, the City of Dubuque intends to acquire certain properties located in the area Book 137 Regular Sesison, August 6, 2007 277 of the Bee Branch Creek Restoration Project for stormwater mitigation activities as recom- mended in the 2001 HDR "Drainage Basin Master Plan;" and WHEREAS, a purchase agreement has been finalized with the owner of the twenty first 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 legal- ly described property: The Southwest 97 feet of Lot 5, and the Southeast 15 feet of the Southwest 97 feet of Lot 4, all in Frisch's Subdivision in the City of Dubuque, Iowa, according to the recorded plat thereof, At the cost of Seventy thousand dol- lars ($70,000). 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 she is hereby authorized and directed to cause said Quit Claim Deed to be recorded in the office of the Dubuque County Recorder, together with certified copy of the Resolution. Section 4.That the City Clerk be and she is hereby directed to forward a copy of this Reso- lution to the Dubuque County Assessor and the Dubuque County Auditor. Passed, approved, and adopted this 6t" day of August, 2007. Roy D. Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk Purchase of Property - 2249 and 2251 Prince Street: City Manager recommending approval to purchase a residential duplex dwelling located at 2249 and 2251 Prince Street as part of the acquisition program asso- ciated with the Bee Branch Creek Restoration Project. Upon motion the documents were received and filed and Resolution No. 403-07 Approving the acquisition of real estate located at 2249 and 2251 Prince Street in the City of Dubuque was adopted. RESOLUTION NO. 403-07 A RESOLUTION APPROVING THE ACQUI- SITION OF REAL ESTATE LOCATED AT 2249 AND 2251 PRINCE STREET IN THE CITY OF DUBUQUE WHEREAS, the City of Dubuque intends to acquire certain properties located in the area of the Bee Branch Creek Restoration Project for stormwater mitigation activities as recom- mended in the 2001 HDR "Drainage Basin Master Plan;" and WHEREAS, a purchase agreement has been finalized with the owner of the twenty second 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 legal- ly described property: The Northerly half of Lot 52 in "Sanford Subdivision" in the City of Du- buque, Iowa, according to the recorded Plat thereof. The Northerly half of Lot 51, and the Southerly half of Lot 52, in "Sanford Subdivi- sion" in the City of Dubuque, Iowa, according to the recorded Plat thereof. At the cost of One hundred twelve thousand two hundred dollars ($112,200). 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 she is hereby authorized and directed to cause said Quit Claim Deed to be recorded in the office of the Dubuque County Recorder, to- getherwith 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. Passed, approved, and adopted this 6t" day of August, 2007. Roy D. Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk Purchase of Property - 2006 Kniest Street: City Manager recommending approval to pur- chase aresidential dwelling located at 2006 Kniest Street as part of the acquisition pro- gram associated with the Bee Branch Creek Restoration Project. Upon motion the docu- ments were received and filed and Resolution No. 404-07 Approving the acquisition of real estate located at 2006 Kniest Street in the City of Dubuque was adopted. RESOLUTION NO. 404-07 A RESOLUTION APPROVING THE ACQUI- SITION OF REAL ESTATE LOCATED AT 2006 KNIEST STREET, IN THE CITY OF DUBUQUE WHEREAS, the City of Dubuque intends to acquire certain properties located in the area of the Bee Branch Creek Restoration Project for stormwater mitigation activities as recom- mended in the 2001 HDR "Drainage Basin Master Plan;" and WHEREAS, a purchase agreement has been finalized with the owner of the eighteenth 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 278 Regular Session, August 6, 2007 Book 137 approves the acquisition of the following legal- ly described property: The northerly one-third of Lot 5 of L. Kniest's Subdivision of part of Mineral Lot 314, in the City of Dubuque, Iowa, At the cost of Sixty four thousand dollars ($64, 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 she is hereby authorized and directed to cause said Quit Claim Deed to be recorded in the office of the Dubuque County Recorder, to- getherwith certified copy of the Resolution. Section 4.That the City Clerk be and she is hereby directed to forward a copy of this Reso- lution to the Dubuque County Assessor and the Dubuque County Auditor. Passed, approved, and adopted this 6t" day of August, 2007. Roy D. Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk Purchase of Property - 2234 Washington Street: City Manager recommending approval to purchase a residential dwelling located at 2234 Washington Street as part of the acquisi- tion program associated with the Bee Branch Creek Restoration Project. Upon motion the documents were received and filed and Reso- lution No. 405-07 Approving the acquisition of real estate located at 2234 Washington Street in the City of Dubuque was adopted. RESOLUTION NO. 405-07 A RESOLUTION APPROVING THE ACQUI- SITION OF REAL ESTATE LOCATED AT 2234 WASHINGTON 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 recom- mended in the 2001 HDR "Drainage Basin Master Plan;" and WHEREAS, a purchase agreement has been finalized with the owner of the twentieth 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 legal- ly described property: The North '/2 of Lot 1 of Lot 3 of Lot 102 in L.H. Langworthy's Addition to the City of Dubuque, Iowa, according to the recorded plat thereof, at the cost of Seventy thousand dollars ($70,000). 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 she is hereby authorized and directed to cause said Quit Claim Deed to be recorded in the office of the Dubuque County Recorder, to- getherwith 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. Passed, approved, and adopted this 6t" day of August, 2007. Roy D. Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk Purchase of Property - 509 Rhomberg Avenue: City Manager recommending approv- al to purchase a residential dwelling located at 509 Rhomberg Avenue as part of the acquisi- tion program associated with the Bee Branch Creek Restoration Project. Upon motion the documents were received and filed and Reso- lution No. 406-07 Approving the acquisition of real estate located at 509 Rhomberg Avenue in the City of Dubuque was adopted. RESOLUTION NO. 406-07 A RESOLUTION APPROVING THE ACQUI- SITION OF REAL ESTATE LOCATED AT 509 RHOMBERG AVENUE 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 recom- mended in the 2001 HDR "Drainage Basin Master Plan;" and WHEREAS, a purchase agreement has been finalized with the owner of the nineteenth 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 legal- ly described property: Lot 15 in Smedley's Subdivision in the City of Dubuque, Iowa, ac- cording to the recorded plat thereof, at the cost of Fifty three thousand dollars ($53,000). 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 she is hereby authorized and directed to cause said Quit Claim Deed to be recorded in the office of the Dubuque County Recorder, to- getherwith 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 Book 137 Regular Sesison, August 6, 2007 279 and the Dubuque County Auditor. Passed, approved, and adopted this 6t" day of August, 2007. Roy D. Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk Request for Proposals for "Green" Consult- ing Services: City Manager recommending approval of the issuance of a request for pro- posals for consulting services related to ad- vancing Dubuque as a sustainable community and to include energy management consulting, monitoring and education, and identification and implementation of energy use reduction strategies for the benefit of low and moderate- income homeowners and tenants in the down- town neighborhoods. Upon motion the docu- ments were received, filed, and approved. amount of $1,252,136 and identified as Grant Number B-07-MC-19-0004 is hereby accepted. Section 2. That the Mayor of the City of Dubuque be and he is hereby authorized and directed to execute said Agreement on behalf of the City of Dubuque, Iowa. Passed, approved and adopted this 6t" day of August, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Purchase of Service Agreements - Amendments: City Manager recommending approval of an amendment to the Community Development Block Grant Purchase of Service Agreements for the Washington Neighborhood Tool Library, Project Concern, and Hills and Dales. Upon motion the documents were re- ceived, filed, and approved. Community Development Block Grant (CDBG) Agreement: City Manager recom- mending approval of the Fiscal Year 2008 Community Development Block Grant (CDBG) Agreement with the U.S. Department of Hous- ing and Urban Development in the amount of $1,252,136. Upon motion the documents were received and filed and Resolution No. 407-07 Authorizing execution of a Community Devel- opment Block Grant Agreement with the U.S. Department of Housing and Urban Develop- ment was adopted. RESOLUTION NO. 407-07 RESOLUTION AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT WITH THE U.S. DE- PARTMENT OF HOUSING AND URBAN DEVELOPMENT Whereas, under provisions of Title I of Housing and Community Development Act of 1974, as amended, the City of Dubuque pre- pared and submitted an Annual Action Plan for a Community Development Block Grant; and Whereas, the submission has been ap- proved by the U.S. Department of Housing and Urban Development in the amount of $1,252,136 for a twelve month program year commencing July 1, 2007 and ending June 30, 2008; and Whereas, a grant agreement covering the activities proposed to be carried out with the Community Development Block Grant funds has been transmitted to the City of Dubuque by the U. S. Department of Housing and Urban Development. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Funding Approv- al/Agreement, authorized by the U.S. Depart- ment of Housing and Urban Development for July 1, 2007 for a Community Development Block Grant to the City of Dubuque in the Consolidated Plan Addendum: City Man- ager recommending approval of an addendum to the City's Consolidated Plan for Housing and Community Development for Fiscal Years 2006 - 2010. Upon motion the documents were received and filed and Resolution No. 408-07 Resolution approving the FY 2007 ad- dendum to the Consolidated Plan for Housing and Community Development FY 2006-2010 was adopted. RESOLUTION NO. 408-07 RESOLUTION APPROVING THE FY 2007 ADDENDUM TO THE CONSOLIDATED PLAN FOR HOUSING AND COMMUNITY DEVELOPMENT FY 2006-2010 Whereas, the City of Dubuque approved and adopted the Consolidated Plan for Hous- ing and Community Development FY 2006- 2010 on April 18, 2005 by Resolution No. 177- 05, and Whereas, the U.S. Department of Housing and Urban Development has requested the City amend our Plan to address recently adopted federal requirements; and Whereas, said amendment is a non- substantial amendment as provided in the City's Citizen Participation Plan and must therefore be approved by resolution of the City Council after the Community Development Advisory Commission review and recommen- dation; and Whereas, the Community Development Advisory Commission reviewed the proposed amendment on July 18, 2007 and 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 City of Dubuque Fiscal Year 2007 Addendum to the Consolidated Plan for Housing and Community Develop- 280 Regular Session, August 6, 2007 Book 137 ment FY 2006-2010 be and the same is here- by approved and adopted. Section 2. That the City Council authorizes the Mayor to sign the document on behalf of the City of Dubuque, Iowa and further directs the City Manager to submit said Addendum and a copy of this resolution to the U. S. De- partment of Housing and Urban Development. Passed, approved and adopted this 6t" day of August 2007. Roy D Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Board and Commission Resignations: Ra- chel Savage submitting her resignation from the Housing Commission. Ken Bichell submitting his resignation from the Zoning Advisory Commission. Mary Lynn Neumeister submitting her res- ignation from the Long Range Planning Advi- sory Commission. Upon motion the documents were received, filed and resignations ac- cepted. U.S. Department of Housing and Urban Development: Communication from the U.S. Department of Housing and Urban Develop- ment acknowledging receipt of the City's amendment to the Fiscal Year 2007 CDBG Annual Action Plan. Communication from the U.S. Department of Housing and Urban Development express- ing appreciation for the City of Dubuque's par- ticipation in the National Call to Action for Af- fordable Housing through Regulatory Reform. Upon motion the documents were received and filed. 2008 Fireworks Display: Communication from the Dubuque Jaycees, KDTH, KATF, KGRR and The River requesting permission to conduct a fireworks display on Thursday, July 3, 2008 (rain date of July 4, 2008) on Volun- teer Road. Upon motion the documents were received, filed, and approved. Legislative Correspondence: Communica- tion to Congressman Bruce Braley urging sup- port for the Energy Efficiency Block Grant pro- gram. Communication from Tom Cochran, The United States Conference of Mayors, urging support for the Energy Efficiency Block Grant program. Upon motion the documents were received and filed. Comprehensive Plan Goals: City Manager submitting City Attorney Lindahl's suggested revisions to the Long Range Planning Advisory Commission's recommended updates to the 2002 Comprehensive Plan. Motion by Braig to receive and file the documents. Seconded by Connors. Braig explained the review process for the Comprehensive Plan and said there will be a public hearing prior to adopting the plan. Michalski said that the implication that these are City goals remains an unresolved, primary concern for her. She said that some goals are not the City's responsibility such as funding certain aspects, for which the cost can be shared or the sole responsibility of the City. Cline said that public input has been incorpo- rated. She suggested concerns be referred to the City Attorney for direction. Motion carried 7-0. City Manager Employment Agreement: Submittal of the Seventeenth Amendment to the City Manager's Employment Agreement for approval. Upon motion the documents were received, filed, and approved. City Attorney Compensation: Upon motion Resolution No. 409-07 Establishing the com- pensation of the City Attorney was adopted. RESOLUTION NO. 409-07 ESTABLISHING THE COMPENSATION OF THE CITY ATTORNEY Whereas, the City Council appoints the City Attorney; and Whereas, the City Council from time to time establishes the compensation of the City Attorney. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The base salary of the City At- torney is hereby established, effective July 1, 2007, at $130,000. The base salary of the City Attorney shall be adjusted effective July 1, 2007 by the same percentage as for all other non-bargaining unit employees. Section 2. The base salary of the City At- torney shall also be adjusted July 1St of each succeeding year, by the same percentage as for all other non-bargaining unit employees. Section 3. The City Attorney shall be en- titled to longevity pay as for all other non- bargaining unit City employees. Passed, approved and adopted this 6t" day of August, . Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Downtown Area Parking Needs Study: City Manager recommending approval of the is- suance of a Request for Qualifications to com- plete a Downtown Area Parking Needs As- sessment Study. Upon motion the documents were received, filed, and approved. Establishment of Fair Market Value - 625 Gillespie Street: City Manager recommending approval of establishing the fair market value of the property located at 625 Gillespie Street for purposes of acquisition of the property for Book 137 Regular Sesison, August 6, 2007 281 expansion of the 32nd Street storm water de- tention basin. Upon motion the documents were received and filed and Resolution No. 410-07 Establishing the fair market value of certain real property owned by the estate of Arthur P. Frommelt in the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 410-07 ESTABLISHING THE FAIR MARKET VALUE OF CERTAIN REAL PROPERTY OWNED BY THE ESTATE OF ARTHUR P. FROMMELT IN THE CITY OF DUBUQUE, IOWA Whereas, the City of Dubuque (City) in- tends to acquire certain real property owned by the Estate of Arthur P. Frommelt (Owner), legally described as follows (the Property): Lots 11, 12, 13, 14, and 15 Finks Subdivision in the City of Dubuque, Iowa, as shown in Ex- hibit Afor the purpose of expanding the 32nd Street Detention Basin; and Whereas, Iowa law requires that City must make a good faith effort to negotiate with Owner to purchase the Property before pro- ceeding with condemnation; AND Whereas, City may not make an offer to purchase the Property which is less than the fair market value City has established for the Property; and Whereas, City has caused an appraisal of the Property to be made and the appraised value of the Property is $120,900.00; and Whereas, the City Council now desires to establish the fair market value of the Property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: 1. The fair market value of the Property is hereby established to be $120,900.00. 2. The City Manager and the City Attorney are hereby authorized to commence negotia- tions with Owner of the Property and any other interested parties for the purchase of the Property for a purchase price which is not less than the fair market value established by this Resolution. Passed, approved and adopted this 6t" day of August, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Quarterly Investment Report: City Manager submitting the June 30, 2007 Quarterly In- vestment Report. Upon motion the documents were received and filed. US 52 North Storm Sewer Improvements: City Manager recommending approval of a cooperative agreement with the Iowa Depart- ment of Transportation (IDOT) for the U.S. 52 North Storm Sewer Improvement Project. Upon motion the documents were received and filed and Resolution No. 411-07 Approving the Cooperative Agreement between the Iowa Department of Transportation and the City of Dubuque establishing or improving an exten- sion of Primary Road No. U.S. 52 was adopted. RESOLUTION NO. 411-07 APPROVING THE COOPERATIVE AGREE- MENT BETWEEN THE IOWA DEPARTMENT OF TRANSPORTATION AND THE CITY OF DUBUQUE ESTABLISHING FOR IMPROV- ING AN EXTENSION OF PRIMARY ROAD NO. U.S. 52 Whereas, the City of Dubuque (City) in joint cooperation with the Iowa Department of Transportation (DOT) proposes to establish or improve the storm sewer system on North U.S. 52 (the Project); and Whereas, the City and DOT are willing to jointly participate in the Project; and Whereas, the total Project cost is esti- mated at $189,712.00; and Whereas, DOT will contribute an estimated $40,838.19 toward the Project with the City responsible for the remaining $148,873.81; and Whereas, the DOT shall reimburse the City upon completion of the Project; and Whereas, the City and DOT desire to enter into the Cooperative Agreement attached he- reto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Cooperative Agree- ment attached hereto is hereby approved, and the Mayor is hereby authorized and directed to sign the Cooperative Agreement on behalf of the City of Dubuque. Passed, adopted and approved this 6t" day of August, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Sewer Cured-in-Place Pipe (CIPP) Lining Project: City Manager recommending award of the public improvement contract for the Sewer Cured-in-Place Pipe (CIPP) Lining Project to Visu-Sewer Clean and Seal in the amount of $177,865. Upon motion the documents were received and filed and Resolution No. 412-07 Awarding public improvement contract for the CIPP Lining Project to Visu-Sewer Clean and Seal was adopted. RESOLUTION NO. 412-07 AWARDING PUBLIC IMPROVEMENT CON- TRACT FOR THE 2007 SEWER CIPP LINING PROJECT Whereas, sealed proposals have been submitted by contractors for the 2007 Sewer CIPP Lining Project (the Project) pursuant to Resolution No. 369-07 and Notice to Bidders 282 Regular Session, August 6, 2007 Book 137 published in a newspaper ~ublished in the City of Dubuque, Iowa on the 6"day of July, 2007. Whereas, said sealed proposals were opened and read on the 26th day of July, 2007 and it has been determined that Visu-Sewer Clean & Seal of Pewaukee, Wisconsin, with a bid in the amount of $177,865.00, 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 Visu-Sewer Clean & Seal and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. Passed, approved and adopted this 6t" day of August, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Iowa Great Places Grant Agreement: City Manager recommending approval of the grant agreement with the Iowa Department of Cul- tural Affairs for the Bi-Lingual Bike/Hike Trail Signage Project. Upon motion the documents were received and filed and Resolution No. 413-07 Authorizing a grant agreement for an Iowa Great Places Grant for the Bi-Lingual Bike/Hike Trail Signage Project was adopted. RESOLUTION NO. 413-07 RESOLUTION AUTHORIZING A GRANT AGREEMENT FOR AN IOWA GREAT PLACES GRANT FOR THE BI-LINGUAL BIKE/HIKE TRAIL SIGNAGE PROJECT Whereas, the Iowa Department of Cultural Affairs provides grants to the communities designated as part of the Iowa Great Places Program; and Whereas, the City of Dubuque has been awarded an Iowa Great Places Grant for the Bi-lingual Bike/Hike Trail Signage Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council hereby au- thorizes the execution of the Iowa Great Plac- es grant agreement with the Iowa Department of Cultural Affairs for the Bi-lingual Bike/Hike Trail Signage Project. Section 2. That the City Manager is hereby authorized to execute said grant agreement on behalf of the City of Dubuque. Passed, approved and adopted this 6t" day of August 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Improvement Contracts/Performance, Payment and Maintenance Bonds: US 52 North Storm Sewer Improvement Project, Grand River Center Carpet Replacement Project, Third Street Overpass Light Replace- ment Project, Star Brewery Drive Construction Project. Upon motion the documents were received and filed and Resolution No. 414-07 Approving public improvement contracts and bonds was adopted. RESOLUTION NO. 414-07 APPROVING PUBLIC IMPROVEMENT CONTRACTS AND BONDS Whereas, the City Council has awarded the following public improvement contracts: 1. By Resolution No. 256-07, Public Im- provement Contract for the US 52 North Storm Sewer Improvement project; and 2. By Resolution No. 259-07, Public Im- provement Contract for the Grand River Cen- ter Carpet Replacement Project; and 3. By Resolution No. 288-07, Public Im- provement Contract for the Third Street Over- pass Light Replacement Project; and 4. By Resolution No. 320-07, Public Im- provement Contract for the Star Brewery Drive Construction Project. Whereas, the Contractors have submitted the executed public improvement contracts and bonds. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The Public Improvement Contracts and bonds attached hereto are hereby approved. Passed, approved and adopted this 6t" day of August, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Business Licenses: City Manager recom- mending approval of annual liquor license re- newals as submitted. Upon motion the docu- ments were received and filed and Resolution No. 415-07 Granting the issuance of two re- newal permits to sell cigarettes and cigarette papers in the City of Dubuque; Resolution No. 416-07 Granting the issuance of a Class "C" Beer Permit to Sid's Beverage Store; and Resolution No. 417-07 Granting the issuance of a Class "C" Beer/Liquor License to Club Phoenix, Shannon's Bar and Grill, and the Ten Pin Tap; a Special Class "C" Liquor License to Bell Tower Productions; a Class "B" Wine Permit to Sid's Beverage Store; a Class "WBN" Native Wine Permit to Bricktown Bre- wery; and a Special Class "C" Liquor License (5-Day Special Event) to Dubuque Jaycees for August 17, September 7, and October 6, 2007, were adopted. RESOLUTION NO. 415-07 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Book 137 Regular Sesison, August 6, 2007 283 That the following having complied with the provisions of law relating to the sale of Ciga- rettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Ciga- rette Papers within said City. 2 RENEWALS A.W.N. Stop Mart # 2, A.W.N. Stop Mart, 1401 Central A.W.N. Stop Mart, A.W.N. Stop Mart, 1998 Jackson Passed, approved and adopted this 6t" day of August, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 416-07 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been ex- amined 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 Sid's Beverage Store, Inc., Sid's Beverage Store+(Sunday Sale), 2727 Dodge St. Passed, approved and adopted this 6th day of August, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 417-07 Whereas, applications for Liquor Licenses have been submitted to this Council for ap- proval 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 Ordin- ances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS "C" BEER/LIQUOR LICENSE W & B Properties LLC, Club Phoenix, 920 Main St Shannon's Bar, Shannon's Bar & Grill+(Sunday Sale), 521 E. 22nd St Haggerty Enterprises, Ten Pin Tap+(Sunday Sale), 601 Rhomberg Av SPECIAL CLASS "C" LIQUOR Bell Tower Productions, Bell Tower Produc- tions+(Sunday Sale), 2728 Asbury Rd CLASS "B" WINE Sid's Beverage Store, Sid's Beverage Store, 2727 Dodge St CLASS "WBN" NATIVE WINE RB Restaurant Management, Bricktown Brewery, 299 Main Street SPECIAL CLASS "C" LIQUOR (5 DAY SPECIAL EVENT) Dubuque Jaycees, Dubuque Jaycees (8-17- 07), Town Clock Plaza Dubuque Jaycees, Dubuque Jaycees (09- 07-07), Town Clock Plaza Dubuque Jaycees, Dubuque Jaycees (10- 06-07), Cable Car Square Passed, approved and adopted this 6h day of August, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Issuance of Not to Exceed $25,000,000 of Urban Renewal Tax Increment Revenue Bonds and Port of Dubuque Public Parking Ramp Bid Award: City Manager advising that the special City Council meeting to approve the issuance of not to exceed $25,000,000 Urban Renewal Tax Increment Revenue Bonds and the Port of Dubuque Public Parking Ramp bid award has been changed to Wednesday, August 22, 2007 at 5:00 p.m. in the Library Auditorium. Upon motion the doc- uments were received and filed. ITEM TO BE SET FOR PUBLIC HEARING Motion by Cline to receive and file the doc- uments, set the public hearing as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Jones. Motion carried 7-0. Disposal of Previously Vacated Alley: City Manager recommending that a public hearing be set for August 20, 2007, to consider ap- proval for the disposition of the City's interest in Lot 19A of Union Avenue Subdivision to Greg F. and Dawn M. Swift. Upon motion the documents were received and filed and Reso- lution No. 418-07 Resolution of intent to dis- pose of City interest in Lot 19A of Union Ave- nue Subdivision in the City of Dubuque, Dubu- que County, Iowa, was adopted setting a pub- lic hearing at a meeting to commence at 6:30 p.m. on August 20, 2007, in the Public Library Auditorium. RESOLUTION NO. 418-07 RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN LOT 19A OF UNION AVENUE SUBDIVISION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, Greg F. and Dawn M. Swift have requested the disposal of a portion of a va- 284 Regular Session, August 6, 2007 Book 137 Gated alley platted as Lot 19A of Union Avenue Subdivision; and Whereas, Buesing & Associates has pre- pared and recorded a plat showing the va- cated alley and assigned lot number thereto, which is known and described as Lot 19A of Union Avenue Subdivision in the City of Dubu- que, Dubuque County, Iowa, as recorded in Instrument No. 6630-92 in the Office of the Dubuque County Recorder. Whereas, Lot 19A of Union Avenue Subdi- vision was a portion of a former public alley vacated by Ordinance No. 30-92 on April 20, 1992. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque in- tends to dispose of its interest in Lot 19A of Union Avenue Subdivision in the City of Dubu- que, Dubuque County, Iowa. Section 2. That the conveyance of Lot 19A of Union Avenue Subdivision in the City of Dubuque, Dubuque County, Iowa, to Greg F. and Dawn M. Swift be contingent upon the payment of publication and filing fees of $100. Section 3. That the City Clerk be and is he- reby authorized and directed to cause a notice of intent to dispose of said real estate to be published in the manner as prescribed by law. Passed, approved and adopted this 6t" day of August, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions. No applicants spoke. Building Code Board of Appeals: One 3- year expired term through August 1, 2010 (Term of Jahns, Journeyman/Carpenter); One 3-year expired term through August 2, 2010 (Term of Kolf, Architect/Engineer); One 3-year expired term through August 1, 2008 (Term of Gudenkauf, At Large), One 3-year expired term through August 1, 2009 (Term of Carr, General Contractor), One 3-year expired term through August 1, 2009 (Term of Luchsinger, At Large). Applicants: John Schwendinger (Journeyman/Carpenter), James Kolf (Archi- tect/Engineer), No applicant (At-Large), Chuck Carr (General Contractor), Richard Luchsinger (At-Large). Housing Commission: Three 3-year ex- pired terms through August 17, 2010 (Terms of Eddy, Schwendinger, and Kapler). One 3-year vacant term through August 17, 2009 (Term of Savage). Applicants: Char Eddy; Erica John- son; Judie Root; Dorothy Schwendinger, OSF. Transit Board of Trustees: One 3-year ex- pired term through July 30, 2010 (Term of Stedman). Applicants: Harry Bemis, Ruth Scharnau, Don Stedman. PUBLIC HEARINGS Upon motion the rules were suspended al- lowing anyone to address the City Council. Cancer Survivor Park Lease Agreement: Proof of publication on notice of hearing to consider disposing of interest in real property by lease agreement with The Finley Hospital for the Cancer Survivor Park and City Manager recommending approval. Motion by Cline to receive and file the documents and adopt Resolution No. 419-07 Disposing of an interest in real property by lease with The Finley Hos- pital. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 419-07 DISPOSING OF AN INTEREST IN REAL PROPERTY BY LEASE AGREEMENT WITH THE FINLEY HOSPITAL WHEREAS, the City of Dubuque, Iowa (City) is the owner of the following described real estate (the Property): Lots 21 and 22 -Finley Home Addition; and WHEREAS, The Finley Hospital, an Iowa Corporation desires to lease the Property for the construction and operation of a park as set forth in the Lease Agreement attached hereto; and WHEREAS, on August 6, 2007, the City Council pursuant to notice published as required by law held a public hearing on its intent to dis- pose of the foregoing interest in the Property and overruled all objections thereto; and WHEREAS, the City Council finds that it is in the best interest of the City to approve the dis- position of such interest in the Property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The City Council of the City of Dubuque approves the disposition of the City's interest in the foregoing-described Property by lease to The Finley Hospital. Section 2. The Mayor is hereby authorized and directed to sign this Resolution and the Lease Agreement. Passed, approved and adopted this 6th day of August, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Water Revenue Capital Loan Notes: Proof of publication on notice of hearing to consider approval of the issuance of $1,037,000 Water Revenue Capital Loan Notes and City Manag- er recommending approval. Motion by Con- nors to receive and file the documents and adopt Resolution No. 420-07 Instituting pro- Book 137 Regular Sesison, August 6, 2007 285 ceedings to take additional action for the au- thorization of a Loan and Disbursement Agreement and the issuance of $1,037,000 Water Revenue Capital Loan Notes. Seconded by Cline. Motion carried 7-0. The Council then considered the proposed action and the extent of objections thereto. Whereupon, Council Member Joyce Connors introduced and delivered to the Clerk the Res- olution hereinafter set out entitled "RESOLU- TION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AU- THORIZATION OF A LOAN AND DISBUR- SEMENT AGREEMENT AND THE IS- SUANCE OF $1,037,000 WATER REVENUE CAPITAL LOAN NOTES", and moved that the Resolution be adopted. Council Member Patri- cia Cline seconded the motion. The roll was called and the vote was, AYES: Buol, Cline Connors, Jones, Braig, Lynch, Michalski; NAYS: None. Whereupon, the Mayor declared the measure duly adopted. RESOLUTION NO. 420-07 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN AND DIS- BURSEMENT AGREEMENT AND THE IS- SUANCE OF $1,037,000 WATER REVENUE CAPITAL LOAN NOTES WHEREAS, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the authorization of a Loan and Disbursement Agreement by and between the City, the Iowa Finance Authority, the Iowa Department of Natural Resources and Wells Fargo Bank, N.A. and the issuance to the Iowa Finance Authority of $1,037,000 Water Revenue Capital Loan Notes to evi- dence the obligations of the City under said Loan and Disbursement Agreement, for the purpose of paying costs of acquisition, con- struction, reconstruction, extending, remode- ling, improving, repairing and equipping all or part of the Municipal Water Utility, including those costs associated with the restoration of two deteriorating concrete clear well storage reservoirs, and has considered the extent of objections received from residents or property owners as to said proposal and, accordingly the following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council does hereby institute proceedings and takes additional ac- tion for the authorization of a Loan and Dis- bursement Agreement by and between the City, the Iowa Finance Authority, the Iowa De- partment of Natural Resources and Wells Far- go Bank, N.A. and the issuance to the Iowa Finance Authority in the manner required by law of $1,037,000 Water Revenue Capital Loan Notes for the foregoing purpose. Section 2. That this Council does hereby consent to the terms and conditions of the DWSRF Loan Program, which terms and con- ditions and the disclosures provided with re- spect thereto are hereby acknowledged, ac- cepted and approved. Section 3. That the City Clerk, with the as- sistance of the City Attorney and bond coun- sel, is hereby authorized and directed to pro- ceed with the preparation of such documents and proceedings as shall be necessary to au- thorize the City's participation in the DWSRF Loan Program, to select a suitable date for final Council authorization of the required Loan and Disbursement Agreement and issuance of the Note to evidence the City's obligations thereunder, and to take such other actions as the Clerk shall deem necessary to permit the completion of a loan on a basis favorable to the City and acceptable to this Council. Passed, approved, and adopted this 6t" day of August, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Eagle Point Water Plant Clear Well Reha- bilitation Project: Proof of publication on notice of hearing to consider approval of the plans and specifications, form of contract, and esti- mated cost for the Eagle Point Water Plant Clear Well Rehabilitation Project and City Manager recommending approval. Motion by Michalski to receive and file the documents and adopt Resolution No. 421-07 Approving plans and specifications, form of contract, and estimated cost for the Eagle Point Water Plant Clear Well Rehabilitation Project. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 421-07 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE EAGLE POINT WATER PLANT CLEAR WELL RESERVOIR REHA- BILITATION 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 Eagle Point Water Plant Clear Well Reservoir Rehabilitation Project, in the estimated amount of $1,037,421, are hereby approved. Passed, adopted and approved this 6th day of August, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 286 Regular Session, August 6, 2007 Book 137 Five Flags Sidewalk Replacement Project: Proof of publication on notice of hearing to consider approval of the plans and specifica- tions, form of contract, and estimated cost for the Five Flags Sidewalk Replacement Project and recommending award of the public im- provement to Portzen Construction, Inc., in the amount of $179,937.65, and the City Manager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 422-07 Approving plans and specifications, form of contract, and estimated cost for the Five Flags Sidewalk Replacement Project, and Resolution No. 423-07 Awarding public improvement contract for the Five Flags Sidewalk Replacement Project to Portzen Construction, Inc., in the amount of $179,937.65. Seconded by Jones. Motion car- ried 7-0. RESOLUTION NO. 422-07 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE FIVE FLAGS SIDEWALK AND LIGHTING REPLACEMENT 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 Five Flags Sidewalk and Lighting Replacement Project, in the estimated amount $225,544.50, are hereby approved. Passed, adopted and approved this 6t" day of August, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 423-07 AWARDING PUBLIC IMPROVEMENT CON- TRACT FOR THE FIVE FLAGS SIDEWALK AND LIGHTING REPLACEMENT PROJECT Whereas, sealed proposals have been submitted by contractors for the Five Flags Sidewalk and Lighting Replacement Project (the Project) pursuant to Resolution No. 393- 07 and Notice to Bidders published in a news- paper published in the City of Dubuque, Iowa on the 16t" and 20t" days of July, 2007. Whereas, said sealed proposals were opened and read on the 31st day of July, 2007 and it has been determined that Portzen Con- struction, Inc. of Dubuque, Iowa, with a bid in the amount of $179,937.65 - Base Bid of $173,667.65, plus Alternate Bid (Traffic Signal Installation) of $6,270.00, is the lowest res- ponsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a Public Improvement Contract for the Project is hereby awarded to Portzen Con- struction, Inc. and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. Passed, approved and adopted this 6t" day of August, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Art's Way / Vessel Inc. Development Agreement: Proof of publication on notice of hearing to consider approval of a development agreement with Art's-Way Vessel's, Inc., the sale of 5.97 acres of land in Dubuque Industri- al Center West and the use of Tax Increment Financing for the project and City Manager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 424-07 Approving a Develop- ment Agreement providing for the sale of 5.97 acres in the Dubuque Industrial Center West to Art's Way Vessels, Inc. Seconded by Jones. Mark Klausner, Marke LLC, and Arts' Way Vessels, Inc. President E. W. Muehlhause both spoke regarding the development agree- ment. Lynch questioned when tenant Art's Way will be out of the current building and was told they would be up and running approx- imately mid-November of this year. Lynch said that he would vote in favor of the development agreement but urged the two parties to work out their differences quickly. Van Milligen said that the development agreement stated build- ing construction was to be finished December 31, 2007. Michalski questioned the configura- tion of the building. Klausner requested for the record that he needs the building Art's Way is currently occupying vacated by October 4. He said the tenant was given one-year's notice to vacate and they are still not out. Buol said that was not a City issue. Connors reiterated that the Council is approving the development agreement only and that she was in favor of it. Braig asked if the new building is not con- structed, is the City protected. City Attorney Lindahl said that the agreement has default provisions. Motion carried 7-0. RESOLUTION NO. 424-07 RESOLUTION APPROVING A DEVELOP- MENT AGREEMENT PROVIDING FOR THE SALE OF 5.97 ACRES IN THE DUBUQUE INDUSTRIAL CENTER WEST TO ART'S WAY VESSELS, INC. Whereas, the City Council, by Resolution No. 394-07, dated July 16, 2007, declared its intent to enter into a Development Agreement with Art's Way Vessels, Inc. for the sale of 5.97 acres in the Dubuque Industrial Center West (the Property); and Whereas, pursuant to published notice, a public hearing was held on the proposed dis- position on August 6, 2007 at 6:30 p.m. at the Carnegie-Stout Public Library Auditorium, 360 Book 137 Regular Sesison, August 6, 2007 287 W. 11t" Street, Dubuque, Iowa; and Whereas, it is the determination of the City Council that approval of the Development Agreement for the sale to and development of the Property by Art's Way Vessels, Inc. ac- cording to the terms and conditions set out in the Development Agreement is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the attached Development Agreement by and between the City of Dubu- que and Art's Way Vessels, Inc. for the sale of the Property is hereby approved. Section 2. That the Mayor is hereby autho- rized and directed to execute the Development Agreement on behalf of the City and City Clerk is authorized and directed to attest to his sig- nature. Section 3. That the Mayor and City Clerk are hereby authorized and directed to execute and deliver a Special Warranty Deed for the Property as provided in the Development Agreement. Section 4. That the City Manager is autho- rized to take such actions as are necessary to comply with the terms of the Development Agreement as herein approved. Passed, approved, and adopted this 6t" day of August, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk REINSTATE THE RULES Upon motion the rules were reinstated li- miting discussion to the City Council. ACTION ITEMS Five Flags Civic Center Update: Joyce White, General Manager of the Five Flags Civic Center, provided a presentation on activi- ty level in Fiscal Year 2007 and projected ac- tivity level for Fiscal Year 2008. Motion by Cline to receive and file the documents. Seconded by Connors. Michalski said she was pleased with the success of Five Flags over the last couple of years. Motion carried 7-0. Warehouse District Revitalization Strategy: City Manager recommending adoption of the Warehouse District Revitalization Strategy. Presentation by Dan LoBianco, Dubuque Main Street, and Tim McNamara, Wilmac Co. and Property Owner, regarding the Warehouse District Revitalization Strategy. Motion by Michalski to receive and file the documents and adopt Resolution No. 425-07 Adopting the Warehouse District Revitalization Strategy. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 425-07 A RESOLUTION ADOPTING THE WARE- HOUSE DISTRICT REVITALIZATION STRATEGY Whereas, the Envision 2010 process chose the Warehouse District as one of the top 10 community projects for the City of Dubu- que, and Whereas, the Dubuque Warehouse District has been characterized as an important area of the community for its historical and architec- tural significance, and Whereas, property owners of the district and citizens of Dubuque wish to see the Warehouse District revitalized, and Whereas, it is in the best interests of the City of Dubuque to encourage the revitalization of the area. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. The attached Warehouse Dis- trict Revitalization Strategy is hereby adopted. Section 2. The City Manager is hereby di- rected to begin implementing the Strategy. Passed, approved, and adopted this 6t" day of August, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk John F. Kennedy Road Sidewalks - As- bury Road to the Northwest Arterial: City Man- ager providing information regarding the instal- lation of sidewalks on John F. Kennedy Road from Asbury Road to the Northwest Arterial and requesting Council direction. Motion by Jones to receive and file the documents and direct staff to proceed with the project. Seconded by Connors. Michalski questioned if the City would pay for retaining walls with in- stallation being required by November. She said maps contribute to the safety issue as they randomly appear and disappear and rec- ommended staying open to exemptions. Cline asked if the bus shelter will be ADA accessible -not on Owen Court. City Engineer Psihoyos said that there is only one shelter in this corri- dor. Jones asked if there would be a public hearing and said there is a need for engineer- ing facts and to weigh the benefits and costs. Since there may not be a need for sidewalks on every side of every block, a rational plan is needed. Van Milligen said that there are no solid dates. An assessable sidewalk project is time consuming and includes a public hearing. He wants to know if the interest is there. Braig said maps are appreciated and favored a pub- lic hearing. The City could make exemptions, but the sidewalks are necessary and part of the price residents pay for living in the City. Lynch was in agreement only if there is an option for Gordon Drive residents. He said there is more of a want for the project than a 288 Regular Session, August 6, 2007 Book 137 need, and he couldn't support a blanket policy. Connors said common sense should prevail and that giving one exemption will lead to giv- ing many more. She reiterated that the con- cept of planned and managed growth includes sidewalks. Buol concurred with Lynch adding that Gordon Drive residents will never be able to keep the section of sidewalk on JFK Road that abuts their property clear of snow and slush. He said that it would take a lot to con- vince him of a need for a sidewalk on the Gor- don Drive side of JFK Road. Motion carried 7-0. 2007 Art on the River: Communication from the Arts and Cultural Affairs Advisory Commission requesting City Council concur- rence with the selection of artwork for the 2007 Art on the River Competition. Motion by Cline to receive and file the documents and approve. Seconded by Connors. Motion carried 7-0. Fiscal Year 2007 and 2008 Annual Action Plan Amendment -Economic Development Loans: City Manager recommending approval of an amendment to the Fiscal Year 2007 and Fiscal Year 2008 Annual Action Plans for the City's Community Development Block Grant (CDBG) program to provide for forgivable loans and grants for economic development activities. Motion by Connors to receive and file the documents and adopt Resolution No. 426-07 Approving amendment to the Fiscal Year 2007 (Program Year 2006) and Fiscal Year 2008 (Program Year 2007) Annual Action Plans for Community Development Block Grant funds. Seconded by Lynch. Motion car- ried 7-0. RESOLUTION NO. 426-07 RESOLUTION APPROVING AMENDMENT TO THE FISCAL YEAR 2007 (PROGRAM YEAR 2006) AND FISCAL YEAR 2008 (PROGRAM YEAR 2007) ANNUAL ACTION PLANS FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. Whereas, the City of Dubuque has pre- pared and approved Annual Plans for Fiscal Year 2007 (Program Year 2006) and Fiscal Year 2008 (Program Year 2007), and Whereas, it was determined that providing economic development forgivable loans is a change in the scope of the Annual Action Plan activities; and Whereas, the City now desires to amend said FY 2007 and FY 2008 Annual Action Plans to provide for economic development forgivable loans and/or grants; and Whereas, said amendment is a substantial amendment as provided in the City's Citizen Participation Plan and must therefore be ap- proved by resolution of the City Council after a public hearing by the Community Develop- ment Advisory Commission; and Whereas, the City held a public comment period beginning June 16, 2007; and Whereas, the Community Development Advisory Commission reviewed the proposed amendment on July 18, 2007 and 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 Amendment to the Fiscal Year 2007 (Program Year 2006) and Fiscal Year 2008 (Program Year 2007) Annual Plans for the Community Development Block Grant (CDBG) program will provide for forgiv- able loans and/or grants for economic devel- opment activities. Section 2. That the City Manager is hereby authorized and directed to submit a copy of this resolution to the U. S. Department of Housing and Urban Development. Passed, approved and adopted this 6t" day of August, 2007. Roy D Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cottingham and Butler Development Agreement: City Manager recommending ap- proval of a Development Agreement with Cot- tingham and Butler for rehabilitation of the Security Building located at 800 Main Street. Motion by Cline to receive and file the docu- ments and adopt Resolution No. 427-07 Ap- proving a Development Agreement for Cot- tingham and Butler's Security Building project. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 427-07 APPROVING A DEVELOPMENT AGREE- MENT FOR COTTINGHAM & BUTLER'S SECURITY BUILDING PROJECT Whereas, the City of Dubuque, Iowa, has a Memorandum of Understanding with Cotting- ham & Butler, Inc. outlining an incentive pack- age for the rehabilitation of the Security Build- ing; and Whereas, the City of Dubuque, Iowa, has created a Downtown Rehabilitation Loan/Grant Program for the purpose of stimulating rein- vestment in the Greater Downtown Urban Re- newal District; and Whereas, the City of Dubuque, Iowa is en- couraging the use of this loan/grant program to finance code compliance activities and to spur job creation activities; and Whereas, the loan application from Cot- tingham & Butler, Inc. meets the requirements of this program; and Whereas, it is the determination of this Council that approval of the Development Agreement for the rehabilitation of the Property by Cottingham & Butler, Inc. according to the terms and conditions set out in the Develop- Book 137 Regular Sesison, August 6, 2007 289 ment Agreement is in the public interest of the Article VII Licensing of Vacant and/or City of Dubuque. Abandoned Buildings NOW, THEREFORE, BE IT RESOLVED Sec. 33-108. Definitions: BY THE CITY COUNCIL OF THE CITY OF For the purpose of this article, certain DUBUQUE, IOWA: terms, phrases, words and their derivatives Section 1. That the Development Agree- shall be construed as specified in either ment with Cottingham & Butler, Inc. is hereby this article or as specified in the building accepted and approved. code or the housing code. Where terms Section 2. That the Mayor is hereby autho- are not defined, they shall have their ordi- rized to execute, on behalf of the City Council nary accepted meanings within the context of the City of Dubuque, Iowa, the attached in which they are used. Unless otherwise Development Agreement with Cottingham & expressly stated or unless the context Butler, Inc. clearly indicates a different intent, the fol- Section 3.That the City Manager is hereby lowing terms shall, for the purpose of this authorized to execute, on behalf of the City article, have the following meanings: Council of the City of Dubuque, Iowa, all ne- (1) Abandoned Building: Any building or cessary loan documents and is further autho- portion thereof which has stood rized to disburse loan funds from the Down- with an incomplete exterior shell town Rehabilitation Loan/Grant Program, in for six (6) months or longer or any accordance with the terms and conditions of building or portion thereof which is the executed agreement. unoccupied and which meets one Passed, approved and adopted this 6t" day or more of the following criteria: of August, 2007. a. Is unsecured; or Roy D. Buol, Mayor b. Is in violation of the City of Attest: Jeanne F. Schneider, CMC, City Clerk Dubuque Housing Code, Building Code or Fire Code. Vacant/Abandoned Building Ordinance: (2) Building Code: The International City Manager recommending approval of an Building Code promulgated by the amendment to the Vacant and Abandoned International Code Council, as Buildings Ordinance that includes minor adopted in Section 11-1 of the changes regarding code violations and ex- City of Dubuque, Code of Ordin- tends the period of time that the building is ances. unoccupied from six continuous months to (3) City Manager: Includes the City Man- twelve continuous months. Motion by Jones to ager's designee. receive and file the documents and that the (4) Dangerous Building. Any building or requirement that a proposed ordinance be structure which has any or all of considered and voted on for passage at two the conditions or defects hereinaf- Council meetings prior to the meeting at which ter described, provided that such it is to be passed be suspended. Seconded by conditions or defects exist to the Connors. Motion carried 7-0. Motion by Jones extent that the life, health, proper- for final consideration and passage of Ordin- ty or safety of the public or the ance No. 44-07 Amending Article VII of the occupants of the building are en- City of Dubuque Code of Ordinances Licens- dangered: ing of Vacant and Abandoned Buildings. a. Whenever any door, aisle, Seconded by Connors. Michalski said that she passageway, stairway or oth- is concerned about enforcement and urged the er means of exit is not of suf- City to be committed to enforcement. Van Mil- ficient width or size or is not ligen said that staff is working toward that so arranged as to provide commitment and will be recommending future safe and adequate means of changes to the Ordinance. Motion carried 7-0. exit in case of fire or panic. b. Whenever the walking sur- OFFICIAL PUBLICATION face of any aisle, passage- ORDINANCE NO. 44-07 way, stairway or other means AMENDING ARTICLE VII OF THE CITY OF of exit is warped, worn, loose, DUBUQUE CODE OF ORDINANCES LI- torn or otherwise unsafe as to LENSING OF VACANT AND ABANDONED not provide safe and ade- BUILDINGS quate means of exit in case of NOW, THEREFORE, BE IT ORDAINED fire or panic. BY THE CITY COUNCIL OF THE CITY OF c. Whenever the stress in any DUBUQUE, IOWA: materials, member or portion Section 1. City of Dubuque Code of Ordin- thereof, due to all dead and ances Article VII is hereby amended to read as live loads, is more than one follows: and one-half (1 1/2) times the 290 Regular Session, August 6, 2007 Book 137 d. e. 9~ working stress or stresses al- lowed on the building code for new buildings of similar struc- ture, purpose or location. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was be- fore such catastrophe and is less than the minimum re- quirements of the building code for new buildings of similar structure, purpose or location. Whenever any portion or member or appurtenance the- reof is likely to fail, or to be- come detached or dislodged, or to collapse and thereby in- jure persons or damage property. Whenever any portion of a building, or any member, ap- purtenance or ornamentation on the exterior thereof is not of sufficient strength or stabili- ty, or is not so anchored, at- tached or fastened in place so as to be capable of resisting a wind pressure of one half of that specified in the building code for new buildings of similar structure, purpose or location without exceeding the working stresses permit- ted in the building code for such buildings. Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other structural portions have mate- rially less resistance to winds or earthquakes than is re- quired in the case of similar new construction. Whenever the building or structure, or any portion the- reof, is likely to partially or completely collapse because of: i. dilapidation, deteriora- tion or decay; ii. faulty construction; iii. the removal, move- ment or instability of any portion of the ground necessary for the purpose of sup- porting such building; k. m iv. the deterioration, de- cay or inadequacy of its foundation; or v. any other cause. Whenever, for any reason, the building or structure, or any portion thereof, is mani- festly unsafe for the purpose for which it is being used. Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one third of the base. Whenever the building or structure, exclusive of the foundation, shows thirty-three (33) percent or more damage or deterioration of its support- ing member or members, or fifty (50) percent damage or deterioration of its non- supporting members, enclos- ings or outside walls or cover- ings. Whenever the building or structure has been so dam- aged by fire, wind, earth- quake or flood, or has be- come so dilapidated or dete- riorated as to become (a) an attractive nuisance to child- ren; (b) a harbor for vagrants or criminals, or as to (c) ena- ble persons to resort thereto for the purpose of committing unlawful acts. Whenever any building or structure has been con- structed, exists or is main- tained in violation of any spe- cific requirement or prohibi- tion applicable to such build- ing or structure provided by the building regulations of this city, as specified in the building code or housing code, or of any law or ordin- ance of this state or city relat- ing to the condition, location or structure of buildings. Whenever any building or structure which, whether or not erected in accordance with all applicable laws and ordinances, has in any non- supporting part, member or portion less than fifty (50) percent, or in any supporting part, member or portion less Book 137 Regular Sesison, August 6, 2007 291 than sixty-six (66) percent of be defined as a "nuisance": the (a) strength, (b) fire- a. Any public nuisance known at resisting qualities or charac- common law or in equity juri- teristics, or (c) weather- sprudence. resisting qualities or charac- b. Any attractive nuisance which teristics required by law in the may prove detrimental to case of a newly constructed persons whether in a build- building of like area, height ing, on the premises of a and occupancy in the same building, or upon an unoccu- location. pied lot. o. Whenever a building or struc- c. Whatever is dangerous to ture, used or intended to be human life or is a menace to used for dwelling purposes, the public health, welfare or because of inadequate main- safety as determined by the tenance, dilapidation, decay, City Manager. damage, faulty construction d. A building that is structurally or arrangement, inadequate unsafe, unsanitary or not light, air or sanitation facili- provided with adequate safe ties, or otherwise, is deter- egress, or that constitutes a mined by the health officer to fire hazard, or otherwise con- be unsanitary, unfit for hu- stitutes a hazard by reason of man habitation or in such a inadequate maintenance, di- condition that is likely to lapidation or obsolescence or cause sickness or disease. abandonment. p. Whenever any building or e. Uncleanliness to the risk of structure, because of obso- unhealthiness, as determined lescence, dilapidated condi- by the City Manager. tion, deterioration, damage, f. Whatever renders air, food or inadequate exits, lack of suf- drink unwholesome or detri- ficient fire-resistive construc- mental to the health of hu- tion, faulty electric wiring, gas man beings, as determined connections or heating appa- by the City Manager. ratus, or other cause, is de- (8) Vacant Building: Any building or sep- termined by the fire marshal arate portion of a building as de- to be a fire hazard. termined by the City Manager or q. Whenever any building or the City Manager's designee structure is in such condition which is: as to constitute a public nuis- a. Unoccupied and unsecured; ance known to the common b. Unoccupied and secured by law or in equity jurispru- means other than those used dence. in the design of the building; r. Whenever any portion of a c. Declared a dangerous build- building or structure remains ing as defined in (4) above; on a site after the demolition d. Unoccupied and unfit for oc- or destruction of the building cupancy as determined by or structure or whenever any the City Manager; building or structure is aban- e. Unoccupied and has housing, doned for a period in excess building, fire, health or zoning of six (6) months so as to code violations; constitute such building or f. Unoccupied for a continuous portion thereof an attractive period of time over twelve nuisance or hazard to the (12) months; public. g. Unoccupied and open to va- (5) Fire Code: International Fire Code, grants, vandals, children or 2003 edition, as adopted by the unwary; Chapter 19 of the City of Dubu- h. Unoccupied and not main- que, Code of Ordinances. tained by owner or responsi- (6) Housing Code: The City of Dubuque ble party; or Residential Housing Code, as i. Unoccupied and not receiving adopted in Section 26-1 of the service by public utilities. City of Dubuque, Code of Ordin- Sec. 33-109: Vacant and/or ances. Abandoned Building License: (7) Nuisance: Each of the following shall No person or business shall maintain a va- 292 Regular Session, August 6, 2007 Book 137 cant or abandoned building as defined by given in writing within five (5) this Code, in the City unless such person working days of the transfer, to or business holds a current unrevoked the City Manager. abandoned or vacant building license, is- (4) Licenses shall not be trans- sued by the City Manager, in the name of ferable from one building to another. the owner/operator for the specific named (5) Every person or business holding building. a license shall give notice in writ- Sec. 33-110. Registration: ing to the City Manager within five The owner shall register a vacant or aban- (5) working days after having doned building with the City Manager not transferred or otherwise disposed later than thirty (30) calendar days after of the legal control of the licensed any building in the City becomes aban- building. Such notice shall include doned or vacant as defined in this chapter. the name and address of the per- Failure to register an abandoned or vacant sons or businesses succeeding to building or providing false information to the ownership or control of such the City Manager shall be a violation of this licensed building. chapter. Sec. 33-113. Inspections: The registration shall include the following The owner shall allow inspection of the information: building by City representatives upon re- (1) A description of the premises; quest and shall allow annual inspection of (2) The names and addresses of the the interior and exterior of the premises for owner or owners; the purpose of enforcing and assuring (3) The names and addresses of all compliance with the provisions of this known lien holders and all other chapter and the housing, building and fire parties with an ownership interest Codes. in the building; Sec. 33-114. Renewal Licenses: (4) The name of the agent designated to The City Manager is hereby authorized to act on the behalf of an out-of-town issue and renew vacant or abandoned property owner to accept legal building licenses for specific buildings, in processes and notices, and to au- the names of the applicant owners, opera- thorize repairs as required; and tors or managers, provided the following (5) The period of time the building is ex- criteria are met: pected to remain vacant and/or a (1) The building for which the license plan and timetable to comply with is sought is warranted by the applicable city codes. owner or operator to substantially Sec. 33-111. Fees: comply with applicable provisions The owner of a vacant or abandoned build- of this code. ing shall pay an annual fee reasonably re- (2) The owner or operator legally au- lated to the administrative cost of register- thorized and responsible for main- ing and processing the registration form tenance of the building for which a and the costs of the city in monitoring and vacant or abandoned building li- inspecting the property and established by cense is sought shall first make the City Manager and shall be paid in full application therefore on an appli- prior to the issuance of any permits or ac- cation provided by the City Man- ceptance of the registration form for the ager. subject property. (3) All fees required by this Code Sec. 33-112. Terms of Licenses: pursuant to the issuance of a va- (1) Every license issued under this divi- cant or abandoned building li- sion shall expire on December 31 cense are paid in full to the City. of the year in which issued and (4) The applicant shall designate a shall become delinquent on responsible agent to represent the March 31 of the year due. owner/operator whenever the said (2) Upon application a license may applicant is not available for main- be renewed and remain effective tenance of the building for which a for successive periods of one ca- license is sought. Said agent shall lendar year unless sooner re- have full authority and responsibil- voked at any time by the City ity, the same as the own- Manager for noncompliance with er/operator, for maintaining the any applicable provisions of this building. Code. Sec. 33-115. Renewal, Penalty for (3) Licenses may be transferred from Failure to Renew License: one person or business to another An application for renewal of a vacant or provided notice of the transfer is abandoned building license may be made Book 137 Regular Sesison, August 6, 2007 293 within sixty (60) days prior to the expiration of an existing operating license. Applica- tion for renewal of vacant or abandoned building licenses shall be due on January 1. Application may be made and license fees paid until March 31 without penalty. Each day that the owner fails to renew such license as required by this Article shall constitute a separate violation for which a municipal infraction citation may be issued. Sec. 33-116. Revocation, Reinstate- ment Measures: If a vacant or abandoned building license is revoked by the City Manager for non- compliance with any applicable provisions of this Code, the owner/operator of the building shall be given thirty (30) days to comply with the provisions of this Code. Extensions of such thirty-day period may be granted at the discretion of the City Manager. Upon expiration of the thirty-day period, or any extension thereof, if the building continues to be noncompliant, a municipal infraction will be issued. Sec. 33-117. Relationship of License to Other Codes: The issuance of any license for any vacant or abandoned building shall not in any way signify or imply that the building conforms with the Iowa State Building Code or the housing, building, zoning, fire ordinances or other ordinances of the City. The is- suance of a license shall not relieve the owner or operator of the responsibility for compliance with said applicable housing, building, zoning, fire or other applicable codes and ordinances. Section 2. This ordinance shall take ef- fect upon publication. Passed, approved and adopted this 6t" day of August, 2007. /s/ Roy D. Buol, Mayor Attest: /s/ Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald Newspaper the 10t" day of August, 2007. /s/ Jeanne F. Schneider, CMC, City Clerk Second Amendment to Port of Dubuque Public Parking Facility Development Agree- ment: City Manager recommending approval of the second amendment to the Port of Dubu- que Public Parking Facility Development Agreement. Motion by Cline to receive and file the documents and adopt Resolution No. 428- 07 Approving the Second Amendment to the Port of Dubuque Public Parking Facility Devel- opment Agreement. Seconded by Michalski. Motion carried 7-0. RESOLUTION NO 428-07 RESOLUTION APPROVING THE SECOND AMENDMENT TO THE PORT OF DUBUQUE PUBLIC PARKING FACILITY DEVELOP- MENT AGREEMENT WHEREAS, the City of Dubuque, Iowa, a municipal corporation of the State of Iowa (the "City") and Diamond Jo, LLC (f/k/a DJ Gaming Company, LLC), a Delaware limited liability company ("DJ"), are parties to a Port of Dubu- que Public Parking Facility Development Agreement dated as of February 5, 2007 (the "Original Development Agreement"), as amended by that First Amendment to Port of Dubuque Public Parking Facility Development Agreement approved by the City Council of the City on May 21, 2007 (the "First Amendment") (the Original Development Agreement as amended by the First Amendment shall be referred to herein as the "Development Agreement"); and Whereas, City and DJ now desire to further amend the Development Agreement as set forth in attached Second Amendment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Second Amend- ment to the Port of Dubuque Public Parking Facility Development Agreement is hereby approved. Section 2. That the Mayor is hereby autho- rized and directed to execute said Second Amendment on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. That the City Manager is autho- rized to take such actions as are necessary to implement the terms of the Second Amend- ment as herein approved. Passed, approved and adopted this 6t" day of August, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk COUNCIL MEMBER REPORTS Mayor Buol acknowledged the presence of Girl Scout Troop 7264. Braig commended the troop for doing a good job. Van Milligen intro- duced Administrative Intern Cori Burbach. There being no further business, upon motion the meeting was adjourned at 8:36 p.m. /s/ Jeanne F. Schneider, CMC City Clerk 294 Regular Session, August 20, 2007 Book 137 CITY OF DUBUQUE, IOWA CITY COUNCIL OFFICIAL PROCEEDINGS The Dubuque City Council met in regular session at 6:30 p.m. on August 20, 2007, in the Public Library Auditorium. Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michals- ki, City Manager Van Milligen; Assistant City Attorney Brumwell Services of Iowa, the agent for the Iowa Com- munities Assurance Pool: John and Valerie Herber for property damage; Anthony Rokusek for property damage; Joan Sanders for per- sonal injury; Shane Flesher for vehicle dam- age; St. Paul Lutheran Church for property damage City Attorney recommending that the claims of Robert D. Jungblut, Jr., Mark Snyder, Kara Larson, Kris Hall, and Scott Kernall for property damage be referred to Tricor Insur- ance and Financial Services, insurer for Fred Jackson Tuckpointing. Upon motion the documents were re- ceived, filed, and concurred. 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 Council. Invocation was provided by Sr. Peggy No- lan, BVM PROCLAMATION Irish Hooley Day (August 25, 2007) was accepted by Maureen and Ken Siegert, 13710 Old Highway Road CONSENT ITEMS Motion by Cine to receive and file the doc- uments and dispose of as indicated. Seconded by Lynch. Michalski requested (#10) Riverwalk Security Camera System Agreement be held for separate discussion. Motion carried 7-0. Minutes and Reports Submitted: Airport Commission of 6/5; Building Code Board of Appeals of 6/19; Cable Community Telepro- gramming Commission of 7/10; City Council of 8/6; Civil Service Commission of 7/5; Human Rights Commission of 7/9; Zoning Advisory Commission of 7/5; Zoning Board of Adjust- ment of 7/26 Proof of publication of City Council Pro- ceedings of July 16, 2007 Upon motion the documents were received and filed. Notice of Claims/Suits: Shane Flesher for vehicle damage; Kris Hall for property dam- age; Robert D. Jungblut, Jr. for property dam- age; Scott Kernall for property damage; Kara Larson for property damage; Joan Sanders for personal injury; Mark Snyder for property damage; St. Paul Lutheran Church for property damage. Upon motion the documents were received, filed, and referred to the City Attor- n ey. City Attorney advising that the following claims have been referred to Public Entity Risk All America City Award: Communication from Congressman Bruce Braley congratulat- ing the City of Dubuque on receiving the All America City Award. Communication from Richard A. Anderson, Mayor of Asbury, congratulating the City of Dubuque on receiving the All America City Award. Upon motion the documents were re- ceived and filed. Civil Service Commission: Civil Service Commission submitting the certified list for the position of Laboratory Technician. Upon mo- tion the documents were received, filed and made a Matter of Record. August 8, 2007 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 2007 Code of Iowa, an examination for the position of Laboratory Technician was given on June 19, 2007. We hereby certify that the individu- als listed below have passed this written ex- amination and the vacancy for this position should be made from this list and that this list is good for two (2) years from above date. LABORATORY TECHNICIAN Jonathan D. Blair Brent A. Speetzen Steven C. Hafenbredl Gregory M. Fitzpatrick Andrew J. Finke Catherine H. Pregler Krista M. Weimerskirch Christopher E. Radcliffe Respectfully submitted, Merle Duehr, Loras Kluesner, Civil Service Commission Purchase of Property - 507 Rhomberg Avenue: City Manager recommending approv- al of the purchase of a residential dwelling located at 507 Rhomberg Avenue as part of the acquisition program associated with the Book 137 Regular Session, August 20, 2007 295 Bee Branch Creek Restoration Project. Upon motion the documents were received and filed and Resolution No. 429-07 Approving the ac- quisition of real estate located at 507 Rhom- berg Avenue in the City of Dubuque was adopted. RESOLUTION NO. 429-07 RESOLUTION APPROVING THE ACQUISI- TION OF REAL ESTATE LOCATED AT 507 RHOMBERG AVENUE, 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 recom- mended in the 2001 HDR "Drainage Basin Master Plan;" and WHEREAS, a purchase agreement has been finalized with the owner of the twenty fourth 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 legal- ly described property: Lot 14 in Smedley's Subdivision in the City of Dubuque, Iowa, according to the recorded plat thereof, at the cost of Fifty nine thousand dollars ($59,000). 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 he- reby 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 he- reby directed to forward a copy of this Resolu- tion to the Dubuque County Assessor and the Dubuque County Auditor. Passed, approved, and adopted this 20t" day of August, 2007. Roy D. Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk Purchase of Property - 2320 Washington Street: City Manager recommending approval of the purchase of a residential dwelling lo- cated at 2320 Washington Street as part of the acquisition program associated with the Bee Branch Creek Restoration Project. Upon mo- tion the documents were received and filed and Resolution No. 430-07 Approving the ac- quisition of real estate located at 2320 Wash- ington Street in the City of Dubuque was adopted. RESOLUTION NO. 430-07 A RESOLUTION APPROVING THE ACQUI- SITION OF REAL ESTATE LOCATED AT 2320 WASHINGTON 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 storm water mitigation activities as recom- mended in the 2001 HDR "Drainage Basin Master Plan;" and WHEREAS, a purchase agreement has been finalized with the owner of the twenty- third 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 legal- ly described property: The Northerly 50 feet of Lot 1 of Lot 105 in L.H. Langworthy's Addition to Dubuque, in the City of Dubuque, Iowa, according to the recorded plat thereof, at the cost of One hundred eight thousand dollars ($108,000). 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 he- reby 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 he- reby directed to forward a copy of this Resolu- tion to the Dubuque County Assessor and the Dubuque County Auditor. Passed, approved and adopted this 20th day of August, 2007. Roy D. Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk Fiber Optic Conduit-Phase I Project: City Manager recommending acceptance of the Fiber Optic Conduit - Phase I Project as com- pleted by Volkens Excavating, Inc., in the final contract amount of $219,666.25. Upon motion the documents were received and filed and Resolution No. 431-07 Accepting the Fiber Optic Conduit System-Phase I Project and authorizing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 431-07 ACCEPTING THE FIBER OPTIC CONDUIT SYSTEM -PHASE I PROJECT AND AU- THORIZING THE PAYMENT OF THE CON- TRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Fiber Optic Conduit System -Phase I Project (the Project) has been completed and 296 Regular Session, August 20, 2007 Book 137 the City Manager 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 Manager recommends that the Project be ac- cepted; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Manager is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the CIP 540815/2901537: Municipal Services Center Fiber Optic Conduit, CIP 010A06/1001063: Fiber Optic System for Fire Stations, CIP 050217/6001218: Fiber Optic Connections for Transit, and CIP 01 0285/1 001 01 7: Fiber Optic Conduit Project appropriation for the contract amount of $219,666.25 less any retained per- centage provided for therein as provided in Iowa Code chapter 573, and to pay such retai- nage only in accordance with the provisions of Iowa Code chapter 573. Passed, approved and adopted this 20t" day of August, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE FIBER OPTIC CON- DUIT SYSTEM - PHASE I PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Fiber Optic Conduit System - Phase I Project, that the Project has been per- formed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $229,654.50. Dated this 20t" day of August, 2007. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 20t" day of August, 2007. /s/Jeanne F. Schneider, CMC, City Clerk Downtown Design Guideline Manual: City Manager recommending approval of a Certi- fied Local Government (CLG) grant application for the Downtown Dubuque Design Guidelines Manual in the amount of $25,000. Upon mo- tion the documents were received and filed and Resolution No. 432-07 Approving submit- tal of a CLG Grant Application to the State Historical Society of Iowa for Downtown Dubu- que Design Guidelines Manual was adopted. RESOLUTION NO. 432-07 RESOLUTION APPROVING SUBMITTAL OF A CLG GRANT APPLICATION FUNDS TO THE STATE HISTORICAL SOCIETY OF IOWA FOR DOWNTOWN DUBUQUE DE- SIGN GUIDELINES MANUAL. Whereas, the State Historical Society of Iowa has Certified Local Government (CLG) grant funds available for the preservation and interpretation of Iowa's historic and cultural resources; and Whereas, the City of Dubuque has an adopted Comprehensive Plan with goals and objectives for the preservation and interpreta- tion of the community's historic and cultural resources ;and Whereas, the City of Dubuque has adopted the Downtown Dubuque Master Plan and im- plementation of the plan includes the creation of design guidelines for the downtown. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Planning Services Manager is authorized to sign and submit this application to the State Historical Society of Iowa for CLG Grant Funds for the Downtown Dubuque Design Guidelines Manual. Section 2. That the City of Dubuque agrees to abide by all local, state and federal require- ments applicable to the proposed budget. Passed, approved and adopted this 20t" day of August 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Traffic Safety Improvement Program Fund- ing: City Manager recommending approval to file a joint grant application with the Iowa De- partment of Transportation for Traffic Safety Improvement Program funding for IA 32 (Northwest Arterial) at the Asbury Road inter- section. Upon motion the documents were received and filed and Resolution No. 433-07 Authorizing the filing of a Joint Grant Applica- tion with the Iowa Department of Transporta- tion for Traffic Safety Improvement Funding for the City of Dubuque IA 32 (Northwest Arterial) and Asbury Road intersection was adopted. RESOLUTION NO. 433-07 RESOLUTION AUTHORIZING THE FILING OF A JOINT GRANT APPLICATION WITH THE IOWA DEPARTMENT OF TRANSPOR- TATION FOR TRAFFIC SAFETY IMPROVE- MENT FUNDING FOR THE CITY OF DUBU- QUE IA 32 (NORTHWEST ARTERIAL) & ASBURY ROAD INTERSECTION Whereas, the increasing growth of traffic volumes, along with operational and safety concerns, at the IA 32 (Northwest Arterial) at Asbury Road intersection in the City of Dubu- que could be improved by intersection and traffic signal improvements; and Whereas, the City of Dubuque and the Iowa Department of Transportation (Iowa DOT) have determined that improvements to this intersection, as recommended in the traffic Book 137 Regular Session, August 20, 2007 297 operations studies of the Northwest Arterial from US 20 to US 52 as provided by HDR En- gineering, Inc. and Dubuque Metropolitan Area Transportation Study (DMATS) Long-Range Transportation Plans, will improve traffic flow; and Whereas, the City of Dubuque is seeking the necessary funding for project implementa- tion, and upon completion, in cooperation with the Iowa Department of Transportation, be responsible for adequately maintaining and operating the project for public use during the project's useful life. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, THAT: Section 1. The City makes joint grant ap- plication with the Iowa Department of Trans- portation for funds through the Traffic Safety Improvement Program to fund the IA 32 (Northwest Arterial) and Asbury Road Intersec- tion. Passed, approved and adopted this 20t" day of August, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Riverwalk Security Camera System Agreement: City Manager recommending au- thorization to negotiate and execute an agreement with Platinum Hospitality Group, LLC for the installation, operation and main- tenance of the Riverwalk Security Camera System equipment. Motion by Michalski to receive and file the documents and approve. Seconded by Connors. Michalski noted that she's received many calls over the years about this issue and realizes vandalism is increasing. This is an excellent idea that is needed to maintain the facility. Motion carried 7-0. ommendations for funding from the Public, Educational, and Government (PEG) Capital Grant for Access Equipment and Facilities in the amount of $8,500 for Wahlert High School for a variety of equipment including cameras and wireless microphones and $4,800 for the access community at large for a camera jib and supporting equipment. Upon motion the documents were received, filed, and approved. Tobacco Compliance -Civil Penalties for Tobacco Permit Holders: City Manager re- commending acceptance and approval of Ac- knowledgement/Settlement Agreements for a first violation for Oky Doky, 1256 Iowa Street and HyVee #3, 300 South Locust Street; and a second violation for HyVee #3, 300 South Lo- cust Street; Beecher Company, 1691 Asbury Road; and Eagle Country Market, 1800 Elm Street. Upon motion the documents were re- ceived, filed, and approved. Legislative Correspondence: Communica- tion to area legislators transmitting an article from Dubuque Main Street's monthly newslet- ter on "Why Are Downtowns Important." Communication to Representative Ray Zir- kelbach welcoming him home and transmitting an article from Dubuque Main Street's monthly newsletter on "Why Are Downtowns Impor- tant." Upon motion the documents were re- ceived, filed, and approved. Fire Chief Dan Brown: City Manager advis- ing that Fire Chief Dan Brown has been reap- pointed to the Fire Service and Emergency Response Council by Governor Chet Culver. Upon motion the documents were received and filed. Assistance to Firefighter Grant Application: City Manager recommending approval of the submittal of a Department of Homeland Secu- rity Assistance to Firefighters Grant for thermal imager units for each of the front-line fire units and training for a total cost of $80,000. Upon motion the documents were received, filed, and approved. Wireless Network: City Manager recom- mending approval of a contract with Racom for the installation of 16 wireless network sites that will be connected to the fiber optic network that is City-owned or controlled to provide suf- ficient speed for data for the Fire Department Mobile Digital Terminal application. Upon mo- tion the documents were received, filed, and approved. PEG Capital Grant Expenditure Requests: City Manager recommending approval of the Cable TV TeleProgramming Commission rec- John F. Kennedy Road from Asbury Road to the Northwest Arterial -Sidewalks: City Manager advising that Kennedy Manor Apart- ments (2671 Owen Court) will proceed with the installation of approximately 590 feet of side- walk along its property on John F. Kennedy Road. Upon motion the documents were re- ceived and filed. Purchase of Property from Plastic Center, Inc.: City Manager recommending approval of the purchase of 828 square feet of property from Plastic Center, Inc. at the corner of White Street and US Hwy 61 for the construction of a Port of Dubuque sign. Upon motion the docu- ments were received, filed, and approved. Improvement Contracts / Performance, Payment and Maintenance Bonds: Upon mo- tion the documents were received and filed and Resolution No. 434-07 Approving public improvement contracts and bonds for Five 298 Regular Session, August 20, 2007 Book 137 Flags Sidewalk and Lighting Replacement Project; Port of Dubuque-Ice Harbor Transient Boat Dock Facility Project; York and Curtis Street Storm Sewer Improvements Project; Pedestrian Wayfinding Sign System Project; Fifth and White Street Gateway Sign Project; Kaufmann Avenue Alley Storm Sewer Con- struction Project; Decorative Concrete Repair and Maintenance Project was adopted. RESOLUTION NO. 434-07 APPROVING PUBLIC IMPROVEMENT CONTRACTS AND BONDS Whereas, the City Council has awarded the following public improvement contracts: 1. By Resolution No. 423-07, Public Improvement Contract for the Five Flags Sidewalk and Lighting Re- placement Project; and 2. By Resolution No. 374-07, Public Improvement Contract for the Port of Dubuque -Ice Harbor Transient Boat Dock Facility Project; and 3. By Resolution No. 381-07, Public Improvement Contract for the York and Curtis Streets Storm Sewer Improvement Project; and 4. By Resolution No. 364-07, Public Improvement Contract for the Pe- destrian Wayfinding Sign System Project; and 5. By Resolution No. 380-07, Public Improvement Contract for the Kaufmann Avenue Alley Storm Sewer Construction Project; and 6. By Resolution No. 375-07, Public Improvement Contract for the De- corative Concrete Repair and Main- tenance Project; and 7. Public Improvement Contract for the Fifth and White Streets Gate- way Sign Project. Whereas, the Contractors have submitted the executed public improvement contracts and bonds. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The Public Improvement Contracts and bonds attached hereto are hereby approved. Passed, approved and adopted this 20t" day of August, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Business Licenses: City Manager recom- mending approval of annual liquor license re- newals as submitted. Upon motion the docu- ments were received and filed and Resolution No. 435-07 Granting the issuance of a Class "B" Beer License (5-Day Special Event) to Music N More Promotions, Riverfest Special Events, and Grand Harbor Resort; and a Class "C" Beer Permit to Oky Doky #6, Clark of Du- buque, Kwik Stop Food Mart, and Family Mart; and Resolution No. 436-07 Granting the is- suance of a Class "C" Beer/Liquor License to Rudy's Tacos, Clarke College, Courtside Sports Bar, Los Aztecas Mexican Restaurant; a Class "B" Wine Permit to Oky Doky #8 and Family Mart, Inc.; and a Class "B" Native Wine Permit (WBN) to Mandolin Inn and Kwik Stop Food Mart were adopted. RESOLUTION NO. 435-07 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been ex- amined 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 LICENSE( 5-DAY SPECIAL EVENT) Scott Riedl, Music N More Promotions, 350 E 3~d Street Riverfest, Inc., Riverfest Special Events+(Sunday Sale), 7t" & Town Clock Platinum Holdings, Grand Harbor Resort, 350 Bell-prk lot grass area CLASS "C" BEER PERMIT TFM Com, Oky Doky # 6+(Sunday Sale), 1256 Iowa Street CSC Gas, Inc., Clark of Dubuque+(Sunday Sale), 700 Rhomberg Rainbo Oil, Kwik Stop Food Mart+(Sunday Sale), 2255 Kerper Blvd Family Mart, Inc., Family Mart+(Sunday Sale), 3201 Central Passed, approved and adopted this 20th day of August 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Request for Proposals for North Fork Cat- fish Creek Sanitary and Storm Water Drainage Improvement Project: City Manager recom- mending approval of the issuance of a Re- quest for Proposals for the North Fork Catfish Creek Sanitary and Storm Water Drainage Improvement Project. Upon motion the docu- ments were received, filed, and approved. RESOLUTION NO. 436-07 Whereas, applications for Liquor Licenses have been submitted to this Council for ap- proval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to Book 137 Regular Session, August 20, 2007 299 comply with the State Laws and all City Ordin- ances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS "C" BEER/LIQUOR LICENSE Mk 1234, LC, Rudy's Tacos-DBQ+(Sunday Sale), 4029 Pennsylvania Clarke College, Clarke College+(Sunday Sale), 1550 Clarke Drive Courtside, Inc., Courtside Sports Bar+(Sunday/Outdoor Sale), 2095 Holiday Drive Famolo of Iowa, Los Aztecas Mexican Restr.+(Sunday Sale), 2700 Dodge Street CLASS "B" WINE TFM Co., Oky Doky # 8, 1256 Iowa Street Family Mart, Inc., Family Mart, Inc., 3201 Central Avenue CLASS "B" NATIVE WINE PERMIT(WBN) Mandolin Inn, Inc, Mandolin Inn, 199 Loras Blvd. Rainbo Oil Company, Kwik Stop Food Mart, 2255 Kerper Blvd. Passed, approved and adopted this 20th day of August, 2007. 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, set the public hearings as indi- cated, and direct the City Clerk to publish no- tice as prescribed by law. Seconded by Braig. Motion carried 7-0. of Raven Oaks Drive; and Whereas, Buesing & Associates has pre- pared and submitted to the City Council a plat showing the vacated portion of Raven Oaks Drive and assigned lot number thereto, which hereinafter shall be known and described as Lot 4A of Raven Oaks No. 2 in the City of Du- buque, Dubuque County, Iowa, should be ap- proved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque in- tends to vacate and dispose of its interest in Lot 4A of Raven Oaks No. 2 in the City of Du- buque, Dubuque County, Iowa. Section 2. That the conveyance of Lot 4A of Raven Oaks No. 2 in the City of Dubuque, Dubuque County, Iowa, to Kluck Partnership be contingent upon the payment of $3,244.00, plus platting, publication, and filing fees. Section 3. That the City Clerk be and is he- reby authorized and directed to cause a notice of intent to vacate and dispose of said real estate to be published in the manner as pre- scribed by law. Passed, approved and adopted this 20t" day of August, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Vacation and Sale of Undeveloped Alley: City Manager recommending that a public hearing be set for September 4, 2007, to con- sider the vacation and sale of an undeveloped alley near the old Dubuque Meat Packing Plant to SB Development, LLC. Upon motion the documents were received and filed and a public hearing was set for September 4, 2007, at a meeting to commence at 6:30 p.m. in Pub- lic Library Auditorium. Raven Oaks -Request to Vacate: City Manager recommending that a public hearing be set for September 4, 2007 to consider a request from Kluck Construction to vacate a portion of Raven Oaks Drive abutting Lot 4 of Raven Oaks No. 2. Upon motion the docu- ments were received and filed and Resolution No. 437-07 Resolution of Intent to vacate and dispose of City interest in Lot 4A of Raven Oaks No. 2 in the City of Dubuque, Dubuque County, Iowa, was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on September 4, 2007, in Public Library Auditorium. RESOLUTION NO. 437-07 RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN LOT 4A OF RAVEN OAKS NO. 2 IN THE CITY OF DU- BUQUE, DUBUQUE COUNTY, IOWA Whereas, Kluck Construction has re- quested the vacating and disposal of a portion Town Clock Renovation Project: City Man- ager recommending initiation of the public bid- ding process for the Town Clock Renovation Project and that a public hearing be set for September 4, 2007 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. 438-07 Preliminary approval of plans and spe- cifications; Resolution No. 439-07 Setting date of hearing on plans and specifications; and Resolution No. 440-07 Ordering the adver- tisement for bids were adopted setting a public hearing for a meeting to commence at 6:30 p.m. on September 4, 2007, in Public Library Auditorium. RESOLUTION NO. 438-07 PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE TOWN 300 Regular Session, August 20, 2007 Book 137 CLOCK RENOVATION PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Town Clock Renovation Project, in the esti- mated amount of $165,000, are hereby preli- minarily approved and ordered filed in the of- fice of the City Clerk for public inspection. Passed, adopted and approved this 20th day of August, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 439-07 FIXING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATED COST FOR THE TOWN CLOCK RENOVATION PROJECT Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary ap- proval to the proposed plans, specifications, form of contract, and estimated cost for the Town Clock Renovation Project and ordered the same to be on file in the office of the City Clerk for public inspection. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a public hearing will be held on the 4th day of September, 2007, at 6:30 p.m. in the Public Library Auditorium at which time interested persons may appear and be heard for or against the proposed plans and specifi- cations, form of contract and estimated cost of said Project, and the City Clerk be and is he- reby directed to cause the attached notice of the time and place of such hearing to be pub- lished in a newspaper having general circula- tion 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 con- tract, or estimated cost of the Project. Passed, adopted and approved this 20th day of August, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 440-07 ORDERING THE ADVERTISEMENT FOR BIDS FOR THE TOWN CLOCK RENOVA- TION PROJECT NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the Town Clock Renovation Project is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that 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. That 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 more than twenty days but not more than forty-five days before the date for filing bids at 2:00 p.m. on the 20th day of Sep- tember, 2007. Bids shall be opened and read by the City Clerk at said time and will be sub- mitted to the City Council for final action at the City Council meeting to be held at 6:30 p.m. on the 1st day of October, 2007, in the Public Library Auditorium, 360 West 11th Street, Du- buque, Iowa. Passed, adopted and approved this 20th day of August, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk BOARDS/COMMISSIONS Applications for the following boards and commissions were reviewed: Civil Service Commission (Mayor's Appointment); One 4- yearvacant term through April 6, 2008 -Term of Wertzberger. Applicants: John Stevens, Paula Gieseman. Zoning Advisory Commission: One 3-year vacant term through July 1, 2009 -Term of Bichell. Applicant: Charles Miller Appointments were made to the following boards and commissions: Building Code Board of Appeals: One 3-year expired term through August 1, 2010 (Term of Jahns, Journey- man/Carpenter); One 3-year expired term through August 1, 2010 (Term of Kolf, Archi- tect/Engineer); One 3-year expired term through August 1, 2008 (Term of Gudenkauf, At Large); One 3-year expired term through August 1, 2009 (Term of Carr, General Con- tractor); One 3-year expired term through Au- gust 1, 2009 (Term of Luchsinger, At Large). Applicants: John Schwendinger (Journey- man/Carpenter), James Kolf (Archi- tect/Engineer), No applicant (At-Large), Chuck Carr (General Contractor), Richard Luchsinger (At-Large). Motion by Connors to appoint John Schwendinger to a 3-year expired term through August 1, 2010; James Kolf to a 3- year expired term through August 1, 2010; Chuck Carr to a 3-year expired term through August 1, 2009; and Richard Luchsinger to a 3-year expired term through August 1, 2009. Seconded by Jones. Motion carried 7-0. Housing Commission: Three 3-year ex- pired terms through August 17, 2010 (Terms of Eddy, Kapler, and Schwendinger); One 3-year Book 137 Regular Session, August 20, 2007 301 vacant term through August 17, 2009 (Term of Savage). Applicants: Char Eddy, Erica John- son, Judie Root, Dorothy Schwendinger, OSF, David Kapler-Additional Applicant. Upon vote Char Eddy was appointed to a 3-year term through August 17, 2010; Judie Root was ap- pointed to a 3-year term through August 17, 2010; Dorothy Schwendinger was appointed to a 3-year term through August 17, 2010; and David Kapler was appointed to a 3-year vacant term through August 17, 2009. Transit Board of Trustees: One 3-year ex- pired term through July 30, 2010 (Term of Stedman). Applicants: Harry Bemis, Ruth Scharnau, Don Stedman. Upon vote Ruth Scharnau was appointed to a 3-year expired term through July 30, 2010. Upon motion the rules were suspended allow- ing anyone to address the City Council. PUBLIC HEARINGS Planned Unit Development District Amendment -Pleasant View Estates: Proof of publication on notice of hearing to consider an amendment to the Pleasant View Estates Planned Unit Development District (PUD) by removing Section 2(G) from Ordinance 51-90 regarding time limitation for development as requested by Ron Herrig/John Herrig/Joseph Bitter and Zoning Advisory Commission re- commending denial. John Herrig, 13750 Sur- rey Lane, spoke in favor of deleting the time restraint condition required for their develop- ment noting that it is contrary to good devel- opment, which provides a tax base and contri- butes to local economic development. He in- formed Council that litigation is pending with the homeowners association that governs the current eight units and may affect the remain- ing development. Planning Services Manager Laura Carstens provided a staff report stating that there has been no development on this project since 1994 and Council does not need to consider the litigation issue. She said that a time limitation on development is very difficult to enforce. Zoning Advisory Commission Vice Chairperson Jeff Stiles said that the Commis- sion's concern with the dormancy of the project and the possibility of current units fall- ing into disrepair caused them to bring it to Council. Homeowners Association Attorney Jennifer Clemens, 2080 South Park, spoke on behalf of the owners of the original eight units. She said that the residents claim the ability to vote on the entire development and want to know how far into the development their prop- erty control goes. Ms. Clemens recommended denial of the request stating that more informa- tion will come out of the litigation. Council Members questioned the difference between their taking away the time limitation and deny- ing the request since the developer has only to submit a new design, which will cause the de- velopment to stay inactive as it has since 1994 because the City is not enforcing the time limi- tation. Council concurred that the developer needs to address the issue. Motion by Mi- chalski to table. Seconded by Connors. Motion passed 4-3 with Lynch, Braig, and Cline voting Nay. Bies Drive -Rezoning Amendment: Proof of publication on notice of hearing to consider an amendment to Ordinance No. 56-01 to al- low permanent vehicle access onto Bies Drive as requested by Roger Klauer and Zoning Advisory Commission recommending approv- al. Motion by Michalski to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Jones. Roger Klau- er, 381 Moore Heights, spoke in favor of the amendment. Planning Services Manager Lau- ra Carstens provided a staff report stating that any configuration requires departmental re- views and no public comment had been re- ceived. Motion by Michalski for final considera- tion and passage of Ordinance No. 45-07 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by amending hereinafter described property lo- cated along Bies Drive from C-3 General Commercial District with conditions to C-3 General Commercial District, with conditions. Seconded by Braig. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 45-07 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY AMENDING HEREINAFTER DESCRIBED PROPERTY LOCATED ALONG BIES DRIVE FROM C-3 GENERAL COMMERCIAL DIS- TRICT WITH CONDITIONS TO C-3 GENER- AL COMMERCIAL DISTRICT, WITH CON- DITIONS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassify- ing the hereinafter-described property as shown in Exhibit A, and to the centerline of the adjoining public rights-of-way, all in the City of Dubuque, Iowa, from C-3 General Commer- cial, with conditions, to C-3 General Commer- cial, with conditions. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advi- sory Commission of the City of Dubuque, 302 Regular Session, August 20, 2007 Book 137 Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by I aw. Passed, approved and adopted this 20t" day of August, 2007. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk MEMORANDUM OF AGREEMENT Pursuant to the Iowa Code Section 414.5 (2005), and as an express condition of rezon- ing of the property described as shown in Ex- hibit A: Shown in Exhibit A on file in the City Clerk's Office, and to the centerline of the ad- joining public right-of-way, all in the City of Dubuque, Iowa, which is the subject of Ordin- ance No. 45-07, a copy of which is attached hereto and incorporated herein by reference, the undersigned property owners, agree to the following conditions, all of which the property owner further agrees are reasonable and are imposed to satisfy public needs which are caused directly by the rezoning: A) Performance Standards: The follow- ing performance standards shall ap- ply tothe subject property: 1) That access to Kebbie Drive to the commercial property be eliminated. 2) That a 20-foot wide green space buffer be provided along the common boundary with the R-1 Single-Family Residential zoning district. 3) That a six (6) foot high stock- ade fence with 100% opacity be installed and arborvitae planted along the fence with five (5) feet spacing and a minimum of three (3) feet in height at planting along the common boundary with the R- 1 Single-Family Residential District. B) Reclassification of the Subject Prop- erty. The City of Dubuque, Iowa may initiate zoning reclassification pro- ceedings to the R-4 Multi-Family Res- idential Zoning District (which rezon- ing will include the removal of the per- formance standards in Section A above) if the property owner fails to complete any of the conditions or provisions of this Agreement. C) Modifications. Any modifications of this Agreement shall be considered a zoning reclassification and shall be subject to the provisions of the Zon- ing Ordinance governing zoning rec- lassifications. All such modifications must be approved by the City Council of Dubuque, Iowa. D) Recordina. A copy of this Agreement shall be recorded with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this rezoning approval within thirty (30) days of the adoption of Or- dinance No. 45-07. E) Construction. This Agreement shall be construed and interpreted as though it were part of Appendix A of the Code of Ordinances of the City of Dubuque, also known as the Zoning Ordinance of the City of Dubuque, Iowa. F) This Agreement shall be binding upon the undersigned and his/her heirs, successor and assignees. ACCEPTANCE OF ORDINANCE NO. 45-07 I, Roger G. Klauer, joint property owner, having read the terms and conditions of the foregoing Ordinance No. 45-07 and being fa- miliar with the conditions thereof, hereby ac- cept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 9t" day of September, 2007. /s/ Roger G. Klauer ACCEPTANCE OF ORDINANCE NO. 45-07 I, Kathleen M. Sullivan, joint property own- er, having read the terms and conditions of the foregoing Ordinance No. 45-07 and being fa- miliar with the conditions thereof, hereby ac- cept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 9t" day of September, 2007. /s/ Kathleen M. Sullivan ACCEPTANCE OF ORDINANCE NO. 45-07 I, Pamela A. Triolo, joint property owner, having read the terms and conditions of the foregoing Ordinance No. 45-07 and being fa- miliar with the conditions thereof, hereby ac- cept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 10t" day of September, 2007. /s/ Pamela A. Triolo Published officially in the Telegraph Herald the 21St day of September, 2007. /s/Jeanne F. Schneider, CMC, City Clerk 427/429 Rhomberg Avenue -Request to Rezone: Proof of publication on notice of hear- ing to consider rezoning property located at 427/429 Rhomberg Avenue and Parcel #10- 24-216-012 from R-2 Two-Family Residential District to OC Office Commercial District and C-3 General Commercial District as requested Book 137 Regular Session, August 20, 2007 303 by Rich Billmeyer/John Mihalakis and Zoning Advisory Commission recommending denial. Communication from Elena Winter representing East Street and Rich Billmey- er/John Mihalakis requesting this item be re- moved from consideration. Petition in opposition to the rezoning of 427 / 429 Rhomberg Avenue. Disposal of Previously Vacated Alley: Proof of publication on notice of hearing to consider approval of the disposition of the City's interest in Lot 19A of Union Avenue Subdivision to Greg F. and Dawn M. Swift and City Manager recommending approval. Motion by Cline to receive and file the documents and adopt Resolution No. 441-07 Disposing of City inter- est in Lot 19A of Union Avenue Subdivision in the City of Dubuque, Dubuque County, Iowa. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 441-07 RESOLUTION DISPOSING OF CITY INTER- EST IN LOT 19A OF UNION AVENUE SUB- DIVISION IN THE CITY OF DUBUQUE, DU- BUQUE COUNTY, IOWA Whereas, pursuant to resolution and pub- lished notice of time and place of hearing, pub- lished in the Telegraph Herald, a newspaper of general circulation published in the City of Du- buque, Iowa on this 10t" day of August, 2007, the City Council of the City of Dubuque, Iowa met on the 20t" day of August, 2007, at 6:30 p.m. in the Public Library Auditorium, 360 West 11 Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as: Lot 19A of Union Avenue Subdivision in the City of Dubuque, Dubuque County, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objec- tions, oral or written to the proposal to sell such real estate, except for easement as noted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the sale of City of Dubuque real property described as Lot 19A of Union Avenue Subdivision in the City of Dubuque, Dubuque County, Iowa, to Greg F. and Dawn M. Swift be and the same is hereby approved for the sum of $100.00 for publication and filing fees. Conveyance shall be by Quit Claim Deed. Section 2. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of con- veyance to Greg F. and Dawn M. Swift upon receipt of the purchase price in full. Section 3. That the City Clerk be and is he- reby authorized and directed to record a certi- fled copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 20t" day of August, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Individual Historic Designation - 40-42 Main: Proof of publication on notice of hearing to consider approval of the Individual Historic Designation of 40-42 Main Street and City Manager recommending that the public hear- ing be tabled to October 1, 2007. Motion by Cline to receive and file and table. Seconded by Lynch. Motion carried 7-0. Upon motion the rules were reinstated li- miting discussion to the City Council. ACTION ITEMS Convention and Visitors Bureau Quarterly Report: Sue Czeshinski provided the Conven- tion and Visitors Bureau quarterly report. She highlighted the hiring of Director of Sales Keith Rahe, and Regional Sales Manager Zoe Pole, Hospitality Patrol, major convention business leads, FAM Tours, Rockford sales blitz, arts and culture packages, and customer Internet availability at the Welcome Center. Buol said it's been a tremendous quarter for the Cham- ber. Connors said through personal expe- rience what a good job the Hospitality Patrol does. Michalski asked if the Chamber was promoting area golf and casinos in response to the new Iowa City combination golf/casino facility. Motion by Cline to receive and file. Seconded by Connors. Motion carried 7-0. Henschel -McNamer Place, Plat #3: Zon- ing Advisory Commission recommending ap- proval of the final plat of Henschel -McNamer Place, Plat #3 subject to waiving lot frontage requirements for Lot 1. Motion by Michalski to receive and file the documents and adopt Resolution No. 442-07 Approving the final plat of Henschel -McNamer Place, Plat # 3. Mo- tion carried 7-0. RESOLUTION NO. 442-07 RESOLUTION APPROVING THE FINAL PLAT OF HENSCHEL-MCNAMER PLACE PLAT # 3 Whereas, there has been filed with the City Clerk a Final Plat of Henschel-McNamer Place Plat #3 in the City of Dubuque; and Whereas, said Final Plat has been ex- amined by the Zoning Advisory Commission and its approval endorsed thereon; and Whereas, said Final Plat has been ex- amined by the City Council and they find that it conforms to the statutes and ordinances relat- 304 Regular Session, August 20, 2007 Book 137 ing thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 42-19(b) of the Subdivision Regulations is waived to allow Lot 1 to have 0 feet of frontage, where 50 feet of lot frontage is required. Section 2. That the Final Plat of Henschel- McNamer Plat #3 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 Plat of Sur- vey. Passed, approved and adopted this 20t" day of August 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk +(Sunday Sale), 1902 Central Avenue Passed, approved and adopted this 20th day of August, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Mediacom: Communication from Cari M. Fenzel, Regional Vice President of Mediacom, advising that Mediacom is discussing the pos- sibility of adding the Big Ten Network to their lineup when it is launched later this year. Mo- tion by Cline to receive and file. Seconded by Connors. Council concurred that although the programming addition was not within their ju- risdiction, they appreciated the notice. Motion carried 7-0 COUNCIL MEMBER REPORTS Players Bar: City Manager recommending approval of the issuance of a six-month license to Players, 1902 Central Avenue, to allow ad- ditional time for review and evaluation of the calls for service. Motion by Cline to receive and file the documents and adopt Resolution No. 443-07 Granting the issuance of a six month Class "C" Beer/Liquor License to Play- ers Sports Bar. Cline said that not all calls are the fault of the business owner and questioned what the average number of calls is to an es- tablishment. She suggested consideration of reimbursement to the City from establishments with an excessive number of police calls. Po- lice Chief Kim Wadding said that over 100 calls per year is high and that most calls to Players are considered high-impact calls that require more than one police car and usually come at busy times of the day. Jones said that asking for reimbursement from an establish- ment might discourage police calls. Michalski said she appreciated the detailed statistics in addition to the liquor violations as they provide a truer picture of the establishment's record. Motion carried 7-0. RESOLUTION NO. 443-07 Whereas, applications for Liquor Licenses have been submitted to this Council for ap- proval 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 Ordin- ances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS "C" BEER/LIQUOR LICENSE L & L Investment, Players Sports Bar Michalski said that the plans for the Sep- tember Iowa League of Cities Conference are exciting and that this might be the biggest League conference to date. Buol reminded everyone of the event, Leading the Way to Global Climate Solutions, at 10 a.m. on September 26 at the Grand Riv- er Center. This event is open to the public. He acknowledged attendance of Boy Scout Troup 48. There being no further business, upon mo- tion the meeting was adjourned at 8:07 p.m. /s/Kevin S. Firnstahl Assistant City Clerk Book 137 Special Session, August 22, 2007 305 CITY OF DUBUQUE, IOWA CITY COUNCIL OFFICIAL PROCEEDINGS The Dubuque City Council met in special session at 5:00 p.m. on August 22, 2007, in the Public Library Auditorium. Present: Mayor Buol, City Council Mem- bers Braig, Cline, Connors, Jones, Lynch, City Manager Van Milligen; City Attorney Barry Lindahl Absent: City Council Member Michalski conditions set forth in the attached Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOW: SECTION 1. The Agreement attached he- reto is hereby approved. SECTION 2. The Mayor is authorized and directed to sign this Resolution on behalf of the City of Dubuque. Passed, approved, and adopted this 22nd day of August, . Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk There being no further business, upon mo- tion the meeting was adjourned at 5:08 p.m. Mayor Buol read the call and stated this is a special session called for the purpose of amending the Port of Dubuque Public Parking Facility Bid award date. Port of Dubuque Public Parking Facility Project: City Manager recommending approval of an amendment to the Port of Dubuque Pub- lic Parking Garage Project contract specifica- tions to revise the project bid award date. Upon motion the documents were received and filed and Resolution No. 444-07 Amending the Port of Dubuque Public Parking Garage Project contract specifications to revise the project award date was adopted. RESOLUTION NO. 444-07 APPROVING AN AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND KRAEMER BROTHERS, LLC EXTENDING THE BID FOR THE CONSTRUCTION OF THE PORT OF DUBUQUE PUBLIC PARK- ING FACILITY WHEREAS, City has heretofore approved plans, specifications and form of contract for the Port of Dubuque Public Parking Facility (the Project) which, among other things, allow the City up to 30 days to accept or reject bids for construction of the Project; and WHEREAS, by Resolution No. 372-07 adopted July 2, 2007, the City Council autho- rized the advertisement for bids for the con- struction of the Port of Dubuque Public Parking Facility Project; and WHEREAS, City opened bids for construc- tion of the Project on July 25, 2007, and Kraemer Brothers, LLC (Kraemer) was the only bidder that submitted a bid at such time; and WHEREAS, Kraemer's bid expires on the 24t" day of August, 2007; and WHEREAS, City has requested Kraemer to extend its bid through September 19, 2007; and WHEREAS, in consideration for City for- bearing the rebidding of the Project, Kraemer is willing to extend its bid on the terms and /s/Jeanne F. Schneider, CMC City Clerk 306 Special Session, August 28 & 29, 2007 Book 137 CITY OF DUBUQUE, IOWA CITY OF DUBUQUE, IOWA CITY COUNCIL CITY COUNCIL OFFICIAL OFFICIAL PROCEEDINGS PROCEEDINGS The Dubuque City Council met in Special Session at 4:30 p.m. on August 28, 2007, at the Grand Harbor Hotel, Platinum Room B. The Dubuque City Council met in Special Session, at 4:30 p.m. on August 29, 2007, at the at the Grand River Center Room 2. Present: Mayor Buol, Council Members Braig, Cline (arrived at 5:15 p.m.), Connors, Jones, Lynch, Michalski, City Manager Van Milligen, City Attorney Lindahl The City Council reviewed the 2006-2007 Performance Report and discussed the top eight achievements in preparation for the next 50 years. 1) Intercultural Competency: Building an Inclusive Community, 2) "Green" Communi- ty: Initiatives for Sustainable Future, 3) Annex- ation: Preparation for Growth, 4) Envision 2010: Community Partnering for the Future, 5) Riverfront: Tapping Natural Recourses, 6) In- dustrial Development Expanding our Future Economy, 7) Downtown Vitality: Recapturing the "Heart" of the City, and 8) Technology Up- grade: Linked to Each Other and the World. The City Council reviewed the 2006-2007 top enhancements in our quality of life: Com- munity Health Center, parks expansion and upgrade, Cultural Corridor, festivals, street improvements, safe community, community partnerships, All America City Award, and neighborhood investments. In preparation for the August 29 session, City Council Members each identified and briefly discussed their primary focus areas for the next five years and what they believed needs to be worked on immediately. There being no further business, upon mo- tion meeting adjourned at 9:15 p.m. /s/ Kevin S. Firnstahl Assistant City Clerk Present: Mayor Buol, Council Members Braig, Cline (arrived at 5:25 p.m.), Connors, Jones, Lynch, Michalski (arrived at 4:55 p.m.), City Manager Van Milligan, City Attorney Lin- dahl Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting a goal setting ses- sion with Lyle Sumek facilitating. The City Council adopted the five year goals for the community as: (1) Diverse, Strong Dubuque Economy; (2) Planned and Managed Growth; (3) Partnering for a Better Dubuque; (4) Improved Connectivity - Trans- portation and Telecommunication; and (5) Ri- verfront Development. Objectives for each of the goals were ranked, with the short-term challenges identified and the actions neces- sary to achieve each goal. The Dubuque 2022 Vision Statement was approved as: The City of Dubuque is a pro- gressive, sustainable City with a strong ba- lanced economy and connections to the world, the Dubuque community takes pride in our history and heritage and has actively pre- served our picturesque river and community, Dubuque citizens have choices of quality liva- ble neighborhoods and fun things to do, and are engaged in the community, The Policy Agenda for 2007-2008 was es- tablished as: Top Priority -Workforce Devel- opment Strategy, Green City Initiatives, Every Child /Every Promise -City Actions, Keyline Transit Service, and Police Staffing - Evalua- tion and Actions; High Priority -Street Pro- gram Continuation and Funding, Water Pollu- tion Control Plant Facility Upgrade, Unified Development Code, East / West Corridor Study, and Southwest Arterial: Direction. There being no further business, upon mo- tion meeting adjourned at 9:20 p.m. /s/ Jeanne F. Schneider, CMC City Clerk Book 137 Regular Session, September 4, 2007 CITY OF DUBUQUE, IOWA CITY COUNCIL OFFICIAL PROCEEDINGS The Dubuque City Council met in regular session at 6:30 p.m. on September 4, 2007, in the Public Library Auditorium. Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michals- ki, 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 Council. Invocation was provided by Reverend Dwayne Thoman, Nativity Church. PROCLAMATIONS Dubuque Regional Dragon Boat Festival (September 8 and 9, 2007) was accepted by Doug McCallum, 9442 Noonan Street; Nation- al Assisted Living Week (September 9 - 15, 2007). PRESENTATION The Community Partner in Education Award was presented to the City by Dubuque Community Schools Superintendent John Bur- g a rt. CONSENT ITEMS Motion by Cline to receive and file the doc- uments and dispose of as indicated. Seconded by Braig. Motion carried 7-0. Minutes and Reports Submitted: City Council of 8/20 and 8/22; Proof of publication of City Council Proceedings of August 6, 2007 and List of Claims and Summary of Revenues for month ended July 31, 2007; Library Board of Trustees Update from meeting of June 27, 2007. Upon motion the documents were re- ceived and filed. Notice of Claims/Suits: Ryan and Brenda Duve for property damage; Teri Noel for prop- erty damage. Upon motion the documents were received and filed and referred to the City Attorney. City Attorney advising that the following claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Com- munities Assurance Pool: Ryan Duve for prop- erty damage. 307 City Attorney recommending that the claim of Teri Noel for property damage be referred to Tricor Insurance and Financial Services, in- surerfor Fred Jackson Tuckpointing. Upon motion the documents were re- ceived, filed and concurred. Five Flags Commission: Communications from Mark Nauman and Mike Brannon submit- ting their resignations from the Five Flags Civic Center Commission. Upon motion the docu- ments were received and filed and resigna- tions accepted. John F. Kennedy Road Sidewalks: Com- munications from Marion Martin Pliner, 2690 Marywood Drive, and Sheri and Pat Clancy, 2691 Marywood Drive, in opposition to the installation of sidewalks on John F. Kennedy Road. Upon motion the documents were re- ceived and filed. Port of Dubuque Recognition Wall: City Manager recommending acceptance of the Port of Dubuque Recognition Wall Project as completed by Tricon General Construction in the final contract amount of $148,000.00. Upon motion the documents were received and filed and Resolution No. 445-07 Accepting the Port of Dubuque Recognition Wall Project and authorizing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 445-07 ACCEPTING THE PORT OF DUBUQUE RECOGNITION WALL PROJECT AND AU- THORIZING THE PAYMENT OF THE CON- TRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Port of Dubuque Recognition Wall 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 ac- cepted; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the Port of Dubuque Visitor Amenities Fund, the De- corative Concrete Maintenance Program Fund, and the Greater Downtown TIF Funds for the contract amount of $155,880.55 less any re- tained percentage provided for therein as pro- vided in Iowa Code chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code chapter 573. 308 Regular Session, September 4, 2007 Book 137 Passed, approved and adopted this 4t" day of September, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Rail/Passenger Station Analysis in Port of Dubuque: City Manager recommending ap- proval to hire Frank Hall, a retired Amtrak em- ployee, as a consultant to investigate the best potential platform/station site for a passenger rail station to service Amtrak in Dubuque. Upon motion the documents were received, filed, and approved. International Union of Operating Engi- neers, Local #758: City Manager recommend- ing approval of an amendment to the collective bargaining agreement with the International Union of Operating Engineers, Local #758, to provide for a work week that consists of ten hours per day and four days per week for full- time Public Safety Dispatchers. Upon motion the documents were received, filed, and ap- proved. Workers' Compensation Excess Insurance: City Manager recommending approval of the selection of Safety National as the City's excess workers' compensation carrier, effec- tive July 1, 2007 through June 30, 2009. Upon motion the documents were received, filed, and approved. Purchase of Property - 509 Lincoln Ave- nue: City Manager recommending approval of the purchase of a residential rental dwelling located at 509 Lincoln Avenue as part of the acquisition program associated with the Bee Branch Creek Restoration Project. Upon mo- tion the documents were received and filed and Resolution No. 446-07 Approving the ac- quisition of real estate located at 509 Lincoln Avenue in the City of Dubuque was adopted. RESOLUTION NO. 446-07 A RESOLUTION APPROVING THE ACQUI- SITION OF REAL ESTATE LOCATED AT 509 LINCOLN AVENUE, 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 recom- mended in the 2001 HDR "Drainage Basin Master Plan;" and WHEREAS, a purchase agreement has been finalized with the owner of the twenty sixth 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 legal- ly described property: The Northeasterly 50 feet of the following Lots and parts of Lots, to-wit: Lots 3 and 4, the Southeasterly 20 feet of Lot 2, and the North- westerly 24 feet of Lot 5, all in Frisch's Subdi- vision in the City of Dubuque, Iowa, according to the recorded Plat thereof. At the cost of Eighty five thousand dollars ($85,000). 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 he- reby 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 he- reby directed to forward a copy of this Resolu- tion to the Dubuque County Assessor and the Dubuque County Auditor. Passed, approved, and adopted this 4t" day of September, 2007. Roy D. Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk Purchase of Property - 2010 Kniest Street: City Manager recommending approval of the purchase of a residential rental dwelling lo- cated at 2010 Kniest Street as part of the ac- quisition program associated with the Bee Branch Creek Restoration Project. Upon mo- tion the documents were received and filed and Resolution No. 447-07 Approving the ac- quisition of real estate located at 2010 Kniest Street in the City of Dubuque was adopted. RESOLUTION NO. 447-07 A RESOLUTION APPROVING THE ACQUI- SITION OF REAL ESTATE LOCATED AT 2010 KNIEST STREET, IN THE CITY OF DUBUQUE WHEREAS, the City of Dubuque intends to acquire certain properties located in the area of the Bee Branch Creek Restoration Project for stormwater mitigation activities as recom- mended in the 2001 HDR "Drainage Basin Master Plan;" and WHEREAS, a purchase agreement has been finalized with the owner of the twenty fifth 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 legal- ly described property: NW 30' of lot 4-4 Kniest Sub in the City of Dubuque, Iowa At the cost of Fifty Six thousand dollars ($56,000). 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 Book 137 Regular Session, September 4, 2007 interest to the City of Dubuque, Iowa for the herein described real estate. Section 3. That the City Clerk be and is he- reby 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 he- reby directed to forward a copy of this Resolu- tion to the Dubuque County Assessor and the Dubuque County Auditor. Passed, approved and adopted this 4t" day of September, 2007. Roy D. Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk Eagle Point Plant Clear Well Rehabilitation Project: City Manager recommending award of the public improvement contract for the Eagle Point Plant Clear Well Rehabilitation Project to Tricon General Construction Group in the amount of $751,180.00. Upon motion the doc- uments were received and filed and Resolution No. 448-07 Awarding public improvement con- tract for the Eagle Point Water Plant Clear Well Reservoir Rehabilitation Project was adopted. RESOLUTION NO. 448-07 AWARDING PUBLIC IMPROVEMENT CON- TRACT FOR THE EAGLE POINT WATER PLANT CLEAR WELL RESERVOIR REHA- BILITATION PROJECT Whereas, sealed proposals have been submitted by contractors for the Eagle Point Water Plant Clear Well Reservoir Rehabilita- tion Project pursuant to Resolution No. 392-07 and Notice to Bidders published in a newspa- per in the City of Dubuque, Iowa on the 20t" day of July, 2007. Whereas, said sealed ~roposals were opened and read on the 22n day of August, 2007 and it has been determined that Tricon General Construction of Dubuque, Iowa with a bid in the amount of $751,180.00 is the lowest responsive, responsible bidder for the Project. Whereas, said project be awarded to Tri- con General Construction of Dubuque, Iowa contingent upon review and approval from the Iowa Department of Natural Resources and the Iowa Finance Authority. 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, contingent upon review and approval from the Iowa Department of Natural Resources and the Iowa Finance Authority, to Tricon General Construction of Dubuque, Iowa and the City Manager is here- by directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project which Contract shall include a pro- 309 vision that the Contractor acknowledges and agrees that the Contract is contingent upon review and approval from the Iowa Department of Natural Resources and the Iowa Finance Authority and that in the event that such ap- proval is not received by November 1, 2007, then the Contract shall be null and void. Passed, approved and adopted this 4t" day of September, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Plastic Center, Inc. /Sam's Club Project: City Manager recommending acceptance of the Quit Claim Deed from Plastic Center, Inc. for additional public right-of-way along Asbury Road for the east lane widening project. Upon motion the documents were received and filed and Resolution No. 449-07 Accepting the deed to certain real estate in Dubuque County, Iowa from Plastic Center, Inc., d/b/a The Fischer Companies, was adopted. RESOLUTION NO. 449-07 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM PLASTIC CENTER, INC., d/b/a THE FISCHER COMPANIES WHEREAS, the City of Dubuque, Iowa (City) and Plastic Center, Inc. (Plastic Center) entered into an agreement (the Agreement) dated August 1, 2006 relating to the improve- ment of Asbury Road pursuant to which Plastic Center agreed to make a charitable contribu- tion of property to City for additional public right-of-way along Asbury Road as necessary to accommodate the widening of the road due to the Sam's Club development; and WHEREAS, Plastic Center now desires to make a gift of the following described real property to the City of Dubuque pursuant to the Agreement: Lot A of Lot 1 of Pfohl Farm in the City of Dubuque, Iowa, according to the Acquisition and Easement Plat filed July 10, 2007 as Instrument No. 2007-00010379 in the records of the Dubuque County Recorder, and Lot B of Lot 2 of Lot 2 of Pfohl Farm in the City of Dubuque, Iowa, according to the Acquisition and Easement Plat filed July 10, 2007 as In- strument No. 2007-00010380 in the records of the Dubuque County Recorder; and WHEREAS, the City Council of the City of Dubuque desires to accept the gift on behalf of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. The City of Dubuque hereby ac- cepts the Quit Claim Deed from Plastic Center, Inc., attached hereto. Section 2. The City Clerk is hereby autho- rized and directed to record this Resolution with the Dubuque County Recorder. 310 Regular Session, September 4, 2007 Book 137 Passed, approved and adopted this 4t" day of September, . Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Terminal Street Pumping Station Electrical Upgrade -Request for Proposals: City Man- ager recommending approval of the issuance of a Request for Proposals (RFP) for the Ter- minal Street Pumping Station Electrical Up- grade project. Upon motion the documents were received, filed, and approved. 2007 Justice Assistance Grant (JAG): City Manager recommending approval and accep- tance of the 2007 Edward Byrne Memorial Justice Assistance Grant (JAG) in the amount of $53,747 to provide funds for overtime for illegal drug investigations and special en- forcement teams and authorize the signing of the award document. Upon motion the docu- ments were received, filed, and approved. Flora Park Horseshoe Courts: City Manag- er advising that the Flora Park horseshoe courts have received the Horseshoe Court Sanction Certificate from the National Horse- shoe Pitchers Association of America which will allow sanctioned leagues and tourna- ments. Upon motion the documents were re- ceived and filed. East Central Intergovernmental Associa- tion: Communication from Mark Schneider, requesting City Council approval of the sub- mission of an application to the Hazard Mitiga- tion Grant Program to the Iowa Homeland Se- curity and Emergency Management (HSLEM) to secure funding to assist with the updating of the City's Pre-Disaster Mitigation Plan. Upon motion the documents were received and filed and Resolution No. 450-07 Designating ECIA as the Applicant for the Hazard Mitigation Grant Program, Resolution No. 450A-07 Local Match Resolution for the Hazard Mitigation Grant Program, and Resolution No. 451-07 Designating an authorized representative (Mark Schneider) for the Hazard Mitigation Grant Program were adopted. WHEREAS, THE (HSLEM) requested the East Central Intergovernmental Association (ECIA) to submit a joint application to the Ha- zard Mitigation Grant Program for multiple communities; and WHEREAS, ECIA agrees to submit the joint application. THEREFORE, the City of Dubuque agrees that ECIA will apply for a joint Hazard Mitiga- tion Grant on behalf of the City and other communities. This resolution was passes and approve this 4t" day of September, 2007. Roy D. Buol, Mayor Attested: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 450A-07 LOCAL MATCH RESOLUTION FOR THE HAZARD MITIGATION GRANT PROGRAM WHEREAS, the City of Dubuque has made application through Iowa Homeland Security and Emergency Management Division to the Federal Emergency Management Agency (FEMA) for funding from the Hazard Mitigation Grant Program in the amount of $7,500 as the total project cost of updating the Dubuque Pre- Disaster Mitigation Plan; and WHEREAS, the Hazard Mitigation Grant Program provides that the federal share can- not exceed 75% of the actual total project cost, and WHEREAS, the State of Iowa share must not exceed 10% of the actual project cost; and WHEREAS, the local share must be at least 15% of the total project cost, and WHEREAS, the City of Dubuque recogniz- es the fact that the 15% local share can be from cash and/or in-kind services THEREFORE, the City of Dubuque agrees to provide $1,125.00 (one thousand one hun- dred twenty five dollars and 00/100) of local in- kind match to meet the 15% local match re- quirement for this mitigation planning grant application. This resolution was passed and approved this 4t" day of September, 2007. Roy D. Buol, Mayor Attested: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 450-07 PURPOSE: TO DESIGNATE ECIA AS THE APPLICANT FOR THE HAZARD MITIGA- TION GRANT PROGRAM WHEREAS, the City of Dubuque desires to make application through Iowa Homeland Se- curity and Emergency Management (HLSEM) for the purpose of obtaining financial assis- tance under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (PL 93- 288), as amended) and the Code of Iowa, Chapter 29c to update the Dubuque Pre- Disaster Mitigation Plan; and RESOLUTION 451-07 PURPOSE: TO DESIGNATE AN AUTHO- RIZED REPRESENTATIVES FOR THE HA- ZARD MITIGATION GRANT PROGRAM. WHEREAS, the City of Dubuque has made application through Iowa Homeland Security and Emergency Management (HLSEM) for the purpose of obtaining financial assistance un- der the Robert T. Stafford Disaster Relief and Emergency assistance Act (PO 93-288), as amended) and the Code of Iowa, Chapter 29c; and Book 137 Regular Session, September 4, 2007 WHEREAS, the HSLEM desires that the City of Dubuque authorize a representative to execute documents associated with this appli- cation on behalf of the City; and WHEREAS, the City of Dubuque agrees to appoint Authorized Representatives for this project. THEREFORE, the City of Dubuque agrees to authorize the persons listed below to ex- ecute documents on behalf of the City. This resolution was passed and approved this 4t" day of September, 2007. Roy D. Buol, Mayor Attested: Jeanne F. Schneider, CMC, City Clerk Authorized Representative(s): Mark Schneider Liquor License Transfer: Transfer of the liquor license of the Rotary Club of Dubuque from the Grand Opera House to 1000 Jackson Street on September 15, 22, 29 and October 6, 2007 for Voices from the Warehouse. Upon motion the documents were received, filed, and approved. Business Licenses: City Manager recom- mending approval of annual liquor license re- newals as submitted. Upon motion the docu- ments were received and filed and Resolution No. 452-07 Granting the issuance of three new permits to sell cigarettes and cigarette papers within the City to Road Ranger #159, #160 and #161; Resolution No. 453-07 Granting the is- suance of renewal permits to sell cigarettes and cigarette papers within the City to A & B Tap, Aragon Tap, Cedar Cross Amoco, and Cue Master Billiards; Resolution No. 454-07 Granting the issuance of a Class "B" Beer Permit (Special 5-Day License) to Carlos O'Kelly's; and Class "C" Beer Permit to Kwik Stop Food, Phillips 66/Arby's, Road Ranger #159, Road Ranger #160, and Road Ranger #161; and Resolution No. 455-07 Granting the issuance of a Class "C" Beer/Liquor License to Fat Tuesdays, Lucky 13 Tap, Angie's Bar, National Mississippi River Museum, and Chances R; and a Class "B" (WBN) Native Wine to Diamond Jo (Portside) and Kwik Stop Food Mart were adopted. RESOLUTION NO. 452-07 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: That the following having complied with the provisions of law relating to the sale of Ciga- rettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Ciga- rette Papers within said City. 3 NEW Road Ranger # 159, Road Ranger, LLCM 2175 Central Avenue 311 Road Ranger # 160, Road Ranger LLC, 3270 Dodge Street Road Ranger # 161, Road Ranger LLC, 4110 Dodge Street Passed, approved and adopted this 4th of September, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 453-07 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: That the following having complied with the provisions of law relating to the sale of Ciga- rettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Ciga- rette Papers within said City. 4 RENEWALS A & B Tap, DDA Enterprises Inc., 2600 Central Avenue Aragon Tap, Aragon Tap, 1103 Iowa Street Cedar Cross Amoco, LB Metcalf, Inc., 1200 Cedar Cross Cue Master Billiards, Cue Masters, 900 Central Avenue Passed, approved and adopted this 4th of September, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 454-07 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been ex- amined 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 (SPECIAL 5-DAY LICENSE) Carlos O'Kelly's Inc., Carlos O'Kelly's Mex- ican Rest., Miller-Riverview Park CLASS "C" BEER PERMIT Rainbo Oil Company, Kwik Stop Food+(Sunday Sale), 2360 Central Avenue Liberty Station LLC, Phillips 66/Arbys+(Sunday Sale), 10 S Main Street Road Ranger LLC, Road Ranger #159+(Sunday Sale), 2175 Central Avenue Road Ranger LLC, Road Ranger #160+(Sunday Sale), 3270 Dodge Street Road Ranger LLC, Road Ranger #161+(Sunday Sale), 4110 Dodge Street Passed, approved and adopted this 4th day of September, 2007. 312 Regular Session, September 4, 2007 Book 137 Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk to commence at 6:30 p.m. on September 17, 2007, at the Historic Federal Building. RESOLUTION NO. 455-07 Whereas, applications for Liquor Licenses have been submitted to this Council for ap- proval 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 Ordin- ances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS "C" BEER/LIQUOR LICENSE Ibrico Inc, Fat Tuesday's+(Sunday Sale), 1121 University Avenue David Erickson, Lucky 13 Tap+(Sunday Sale), 385 E. 13th Street Angela Mangeno, Angie's Bar+(Sunday Sale), 1401 Elm Street DBQ County Historical Soc., Nat'I Missis- sippi River Museum +(Sunday/Outdoor Sale), 350 E. 3rd Street Chances R, Mike Johnson+(Sunday Sale), 1046 Central Avenue CLASS "B"( WBN) NATIVE WINE Diamond Jo LLC, Diamond Jo (Portside), 400E 3rd St Rainbo Oil Com, Kwik Stop Food Mart, 2360 Central Passed, approved and adopted this 4th day of September, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk ITEM TO BE SET FOR PUBLIC HEARING Motion by Michalski to receive and file the documents, set the public hearing as indi- cated, and direct the City Clerk to publish no- tice as prescribed by law. Seconded by Lynch. Motion carried 7-0. University of Dubuque Residential Parking Permit District: City Manager recommending that a public hearing be set for September 17, 2007, to consider a request from the University of Dubuque for proposed changes to parking on City streets in and around the University of Dubuque campus. Upon motion the docu- ments were received and filed and Resolution No. 456-07 Setting a public hearing on amend- ing Residential Parking Permit District A to exclude McCormick Street, from Grace Street to Bennett Street, and Bennett Street, from McCormick Street to Algona Street was adopted setting a public hearing for a meeting RESOLUTION NO. 456-07 RESOLUTION SETTING A PUBLIC HEAR- ING ON AMENDING RESIDENTIAL PARK- ING PERMIT DISTRICT A TO EXCLUDE MCCORMICK STREET, FROM GRACE STREET TO BENNETT STREET AND BEN- NETT STREET, FROM MCCORMICK STREET TO ALGONA STREET Whereas, the City of Dubuque, pursuant to Section 32-321.722 of the Code of Ordin- ances, has received a letter from the Universi- ty of Dubuque requesting that the following areas described as follows be deleted from Residential Parking Permit District A: McCor- mick Street, from Grace Street to Bennett Street; Bennett Street, from McCormick Street to Algona Street Whereas, the City Manager, in accordance with Section 32-321.722, recommends that Residential Parking Permit District A be amended by excluding such areas and that the City Council set a public hearing on the re- quest to amend Residential Parking Permit District A. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council finds and determines that the request from the University of Dubuque is valid for the exclusion of McCormick Street, from Grace Street to Ben- nett Street, and Bennett Street, from McCor- mick Street to Algona Street from Residential Parking Permit District A. Section 2. That the City Clerk be autho- rized and directed to publish a notice of public hearing on amending Residential Parking Permit District A, to be held on September 17, 2007. Passed, approved and adopted this 4t" day of September, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk BOARDS/COMMISSIONS Applications were reviewed for the follow- ing Boards/Commissions. Civic Center Com- mission: Three 3-year expired terms through June 29, 2010 -Terms of Bakke, Brannon, Nauman. Applicant: Rod Bakke. Appointments to the following Boards/Commissions: Civil Service Commis- sion (Mayor's Appointment). One 4-year va- cant term through April 6, 2008 -Term of Wertzberger. Applicants: John Stevens, Paula Gieseman. Mayor Buol appointed Paula Gieseman to a 4-year vacant term through April 6, 2008, with City Council concurrence. Zoning Advisory Commission: One 3-year Book 137 Regular Session, September 4, 2007 vacant term through July 1, 2009 -Term of Bichell. Applicant: Charles Miller. Motion by Michalski to appoint Charles Miller to a 3-year vacant term through July 1, 2009. Seconded by Lynch. Motion carried 7-0. PUBLIC HEARINGS Upon motion the rules were suspended al- lowing anyone to address the City Council. Raven Oaks -Request to Vacate: Proof of publication on notice of hearing to consider a request from Kluck Construction to vacate a portion of Raven Oaks Drive abutting Lot 4 of Raven Oaks No. 2 and City Manager recom- mending approval. Motion by Connors to re- ceive and file the documents and adopt Reso- lution No. 457-07 Approving plat of proposed vacated portion of Raven Oaks Drive; Resolu- tion No. 458-07 Vacating Lot 4A of Raven Oaks No. 2 in the City of Dubuque, Dubuque County, Iowa; and Resolution No. 459-07 Dis- posing of City interest in Lot 4A of Raven Oaks No. 2 in the City of Dubuque, Dubuque County, Iowa. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 457-07 RESOLUTION APPROVING PLAT OF PRO- POSED VACATED PORTION OF RAVEN OAKS DRIVE Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated the 8t" day of August, 2007, pre- pared by Buesing & Associates, describing the proposed vacated portion of Raven Oaks Drive; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated the 8t" day of August, 2007, prepared by Buesing & Asso- ciates, relative to the real estate hereinabove described be and the same is hereby ap- proved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, television cable, and electric lines as may be authorized by the City of Dubuque, Iowa, as shown on the Plat of Survey of Lot 4A of Raven Oaks No. 2. Section 3. That the City Clerk be and is he- reby authorized and directed to file said plat and certified copy of this resolution in the office 313 of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 4t" day of September, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 458-07 RESOLUTION VACATING A PORTION OF RAVEN OAKS DRIVE Whereas, Kluck Construction has re- quested the vacating of a portion of Raven Oaks Drive; and Whereas, Buesing & Associates has pre- pared and submitted to the City Council a plat showing the vacated portion of Raven Oaks Drive and assigned a lot number thereto, which hereinafter shall be known and de- scribed as Lot 4A of Raven Oaks No. 2 in the City of Dubuque, Dubuque County, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that this por- tion of Raven Oaks Drive is no longer required for public use and vacating of said portion of Raven Oaks Drive, known as Lot 4A of Raven Oaks No. 2 in the City of Dubuque, Dubuque County, Iowa, should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lot 4A of Raven Oaks No. 2 in the City of Dubuque, Dubuque County, Iowa, be and the same is hereby vacated. Passed, approved and adopted this 4t" day of September, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 459-07 RESOLUTION DISPOSING OF CITY INTER- EST IN LOT 4A OF RAVEN OAKS NO. 2 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, pursuant to resolution and pub- lished notice of time and place of hearing, pub- lished in the Telegraph Herald, a newspaper of general circulation published in the City of Du- buque, Iowa on this 24t" day of August, 2007, the City Council of the City of Dubuque, Iowa met on the 4t" day of September, 2007, at 6:30 p.m. in the Public Library Auditorium, 360 West 11 Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as: Lot 4A of Raven Oaks No. 2 in the City of Dubuque, Dubuque County, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objec- tions, oral or written to the proposal to sell such real estate. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 314 Regular Session, September 4, 2007 Book 137 DUBUQUE, IOWA: Section 1. That the sale of City of Dubuque real property described as Lot 4A of Raven Oaks No. 2 in the City of Dubuque, Dubuque County, Iowa, to Kluck Partnership be and the same is hereby approved for the cost of $3,244.00, plus surveying, platting, publication, and filing fees. Conveyance shall be by Quit Claim Deed. Section 2. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of con- veyance to Kluck Partnership upon receipt of the purchase price in full. Section 3. That the City Clerk be and is he- reby authorized and directed to record a certi- fied copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 4t" day of September, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Vacation and Sale of Undeveloped Alley: Proof of publication on notice of hearing to consider the vacation and sale of an undeve- loped alley near the old Dubuque Meat Pack- ing Plant to SB Development, LLC and City Manager recommending approval. Motion by Cline to receive and file the documents and withdraw from consideration. Seconded by Connors. Motion carried 7-0. Town Clock Renovation Project: Proof of publication on notice of hearing to consider approval of the plans and specifications, form of contract, and estimated cost for the Town Clock Renovation Project and City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 460-07 Approving plans and specifications, form of contract and estimated cost for the Town Clock Renovation Project. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 460-07 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE TOWN CLOCK RENOVA- TION 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 Town Clock Renovation Project, in the esti- mated amount of $165,000, are hereby ap- proved. Passed, approved and adopted this 4th day of September, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Upon motion the rules were reinstated li- miting discussion to the City Council. ACTION ITEMS Open Letter to Community: Letter from the Mayor and City Council to the community of Dubuque. Motion by Cline to receive and file the documents. Seconded by Connors. Mi- chalski confirmed that she had signed the let- ter despite a newspaper misprint. Jones com- mended the family's reasonable and compas- sionate response. Motion carried 7-0. 409 Burch Street: Communication from Jo- seph J. Bitter requesting that the hearing re- garding the property located at 409 Burch Street be continued for at least two weeks. City Manager recommending that the Mayor and City Council set a date fora hear- ing to determine whether 409 Burch Street is a public nuisance according to Chapters 23 and 26 of the Dubuque Code of Ordinances. Motion by Cline to receive and file the doc- uments and schedule a hearing for a meeting to commence at 6:30 p.m. on October 8, 2007, at the Historic Federal Building. Seconded by Connors. Motion carried 7-0. Downtown Rehabilitation Loan and Fagade Grant -Interstate Building, LLLP: City Manag- er recommending approval of a Letter of Commitment for the Downtown Rehabilitation Loan and Fagade Grant for Interstate Building, LLLP to support their rehabilitation of the for- mer Interstate Power Company Building. Mo- tion by Cline to receive and file the documents and adopt Resolution No. 461-07 Authorizing a Letter of Commitment and additional actions concerning a Downtown Rehabilitation Loan and Fagade Grant for the former Interstate Power Company building. Seconded by Con- nors. Motion carried 7-0. RESOLUTION NO. 461-07 AUTHORIZING A LETTER OF COMMIT- MENT AND ADDITIONAL ACTIONS CON- CERNING A DOWNTOWN REHABILITA- TION LOAN AND FACADE GRANT TO THE FORMER INTERSTATE POWER COMPANY BUILDING. Whereas, the City of Dubuque, Iowa, has created a Downtown Rehabilitation Loan/Grant Program for the purpose of stimulating rein- vestment in the Greater Downtown Urban Re- newal District; and Whereas, the City of Dubuque, Iowa is en- couraging the use of this loan/grant program to finance code compliance activities and to spur job creation activities; and Whereas, the loan application from Inter- Book 137 Regular Session, September 4, 2007 state Power Company Building, LLLP meets the requirements of this program; and Whereas, a Commitment Letter, hereto at- tached and by this reference made a part he- reof, sets forth the terms and conditions of Interstate Power Company Building, LLLP participation in the Downtown Rehabilitation Loan Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the application of Interstate Power Company Building, LLLP for participa- tion in the Downtown Rehabilitation Loan and Grant Program is hereby accepted and ap- proved. Section 2. That the Mayor is hereby autho- rized to execute, on behalf of the City Council of the City of Dubuque, Iowa, the attached Commitment Letter and to forward said letter to Interstate Power Company Building, LLLP for review and approval. Section 3. That the City Manager be and he is hereby directed to prepare, upon execu- tion and receipt of the attached Commitment Letter by the applicant, the necessary loan documents in accordance with the terms and conditions set forth in said Commitment Letter. Section 4. That the City Manager is hereby authorized to execute, on behalf of the City Council of the City of Dubuque, Iowa, all ne- cessary loan documents and is further autho- rized to disburse loan funds from the Down- town Rehabilitation Loan/Grant Program, in accordance with the terms and conditions of the executed agreement. Passed, approved and adopted this 4t" day of September, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Downtown Rehabilitation Loan and Fagade Grant -Butt's Florist: City Manager recom- mending approval of a Letter of Commitment for the Downtown Rehabilitation Loan and Fagade Grant for Butt's Florist, Inc. to support their rehabilitation of property located at 233- 241 Main Street. Motion by Connors to receive and file the documents and adopt Resolution No. 462-07 Authorizing a Letter of Commit- ment and additional actions concerning a Downtown Rehabilitation Loan and Fagade Grant for the Butt's Florist building. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 462-07 AUTHORIZING A LETTER OF COMMIT- MENT AND ADDITIONAL ACTIONS CON- CERNING A DOWNTOWN REHABILITA- TION LOAN TO THE BUTT'S FLORIST BUILDING. Whereas, the City of Dubuque, Iowa, has created a Downtown Rehabilitation Loan/Grant 315 Program for the purpose of stimulating rein- vestment in the Greater Downtown Urban Re- newal District; and Whereas, the City of Dubuque, Iowa is en- couraging the use of this loan/grant program to finance code compliance activities and to spur job creation activities; and Whereas, the loan application from Butt's Florist, Inc. meets the requirements of this program; and Whereas, the property located at 233-241 Main Street is within the boundaries of the Greater Downtown Urban Renewal District, and Whereas, a Commitment Letter, hereto at- tached and by this reference made a part he- reof, sets forth the terms and conditions of Butt's Florist, Inc. participation in the Down- town Rehabilitation Loan Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the application of Butt's Florist, Inc. for participation in the Downtown Rehabilitation Loan and Grant Program is he- reby accepted and approved. Section 2. That the Mayor is hereby autho- rized to execute, on behalf of the City Council of the City of Dubuque, Iowa, the attached Commitment Letter and to forward said letter to Butt's Florist, Inc. for review and approval. Section 3. That the City Manager be and he is hereby directed to prepare, upon execu- tion and receipt of the attached Commitment Letter by the applicant, the necessary loan documents in accordance with the terms and conditions set forth in said Commitment Letter. Section 4. That the City Manager is hereby authorized to execute, on behalf of the City Council of the City of Dubuque, Iowa, all ne- cessary loan documents and is further autho- rized to disburse loan funds from the Down- town Rehabilitation Loan/Grant Program, in accordance with the terms and conditions of the executed agreement. Passed, approved and adopted this 4t" day of September, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Memorandum of Understanding -Miller Development Group: City Manager recom- mending approval of a Memorandum of Un- derstanding between the City of Dubuque and Miller Development Group to redevelop prop- erty located at 40-42 Main Street in downtown Dubuque. Motion by Cline to receive and file the documents and adopt Resolution No. 463- 07 Approving a Memorandum of Understand- ing with Miller Development Group for the re- development of 40 - 42 Main Street. Seconded by Lynch. Michalski said that these are three great projects. Braig said that the 316 Regular Session, September 4, 2007 Book 137 City's commitment to downtown Dubuque is very exciting. Motion carried 7-0. RESOLUTION NO. 463-07 A RESOLUTION APPROVING A MEMO- RANDUM OF UNDERSTANDING WITH MIL- LER DEVELOPMENT GROUP FOR THE REDEVELOPMENT OF 402 MAIN STREET Whereas, Miller Development Group is proposing to redevelop property located at 40- 42 Main Street in the City of Dubuque, and Whereas, the City is encouraging the Company to invest in Downtown Dubuque, and Whereas, a Memorandum of Understand- ing has been prepared for said redevelopment, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. The attached Memorandum of Understanding is hereby approved. Section 2. The City Manager is hereby di- rected to prepare documents necessary to implement the Memorandum of Understanding Passed, approved and adopted this 4t" day of September, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Offer to Purchase -Dubuque Initiatives: City Manager recommending approval to pur- chase approximately 1.8 acres in the Dubuque Industrial Center from Dubuque Initiatives to provide a site for ablest-end Fire Station. Mo- tion by Cline to receive and file the documents and adopt Resolution No. 464-07 Approving an Offer to Buy real estate for real estate lo- cated in the Dubuque Industrial Center in the City of Dubuque. Seconded by Connors. Mi- chalski said that the City Council members of Dubuque Initiatives were not involved in the negotiations. Motion carried 7-0. RESOLUTION NO. 464-07 A RESOLUTION APPROVING AN OFFER TO BUY REAL ESTATE FOR REAL ESTATE LOCATED IN THE DUBUQUE INDUSTRIAL CENTER, IN THE CITY OF DUBUQUE WHEREAS, the City of Dubuque intends to acquire certain property located in the area to be used for a future site for ablest-end Fire Station, and WHEREAS, a purchase agreement has been finalized with the owner of the property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council of the City of Dubuque hereby approves the attached Offer to Buy Real Estate for a portion of the following legally described property: Lot 2 Du- buque Industrial Center 13t" Addition in the City of Dubuque, Iowa, at the cost of one dollar ~$1.00~. Section 2. That the Mayor is authorized and directed to sign the Offer to Buy Real Es- tate on behalf of the City of Dubuque. Passed, approved and adopted this 4t" day of September, 2007. Roy D. Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk Loras College - Request to Purchase: Communication, dated August 8, 2007, from James E. Collins, President of Loras College, requesting to purchase the portion of Cox Street located between Loras Boulevard and 17t" Street. Communication, dated August 28, 2007, from James E. Collins, President of Loras Col- lege, regarding the purchase of a portion of Cox Street and requesting that the issue be referred to the City Manager. Communication from Margaret Breese, 711 West 17t" Street, in opposition to the re- quested purchase of Cox Street by Loras Col- lege. Motion by Jones to receive and file the documents and deny the request. Seconded by Connors. Jones said that he had heard from a number of residents who believe the City should not be selling a public street that people need. Connors suggested working out a solution with the college. She could not sup- port the request; and if Loras College needed to close the street, they should submit a Spe- cial Events permit. Michalski said a public street should not be turned over to a private entity. She cited the same issue with Clarke College regarding a cul-de-sac that was voted down unanimously. Braig questioned if she can vote because she works at Loras College. City Attorney Lindahl said yes she could. She also said that of the two letters received from Loras College, the second letter stated the street would only be closed occasionally. If the request was granted, Loras College would be giving back to the City by maintaining the street. Buol questioned whether or not restric- tions could be put on the sale. Lindahl said yes, restrictions could be placed on the sale. Motion to deny request carried 5-2 with Buol and Braig voting nay. Green Communities Initiative: City Manag- er providing an update on establishing Dubu- que as a Green Community and requesting City Council approval. Assistant City Manager Steinhauser provided a presentation. Motion by Cline to receive and file the documents and approve the recommendation. Seconded by Lynch. Braig asked if a citizen wants to be on the committee, can they contact Assistant City Manager Steinhauser or would it be up to City Council. She said that the neighborhood asso- ciations have good representatives and the committee will get good citizen input from them Book 137 Regular Sesison, September 17, 2007 317 throughout the process. Cline said neighbor- CITY OF DUBUQUE, IOWA hood associations are good for the community CITY COUNCIL and anyone wanting an association in their area should contact Neighborhood Develop- OFFICIAL ment Specialist Jerelyn O'Connor. Buol said PROCEEDINGS citizens will be heard. Motion carried 7-0. Iowa League of Cities Conference Budget: City Manager recommending that the budget for the City to host the Iowa League of Cities Conference be increased from the existing $10,000 allocation, up to $14,845. Motion by Michalski to receive and file the documents and approve. Seconded by Braig. Motion car- ried 7-0. The Dubuque City Council met in regular session at 6:30 p.m. on September 17, 2007, in the Historic Federal Building. Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michals- ki, City Manager Van Milligen; City Attorney Lindahl COUNCIL MEMBER REPORTS Connors said that local school and city elections will betaking place in the next two months reminding everyone to attend forums and get involved. There being no further business, upon mo- tion the meeting adjourned at 7:51 p.m. /s/ Jeanne F. Schneider, CMC City Clerk 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 Council. Invocation was provided by Reverend Dr. Ronald Rankin, United Methodist Church. PROCLAMATIONS Constitution Week (September 17 - 23, 2007) was accepted by Eileen Coursey, 2222 Central Avenue; Crop Walk Day in Dubuque (October 7, 2007) was accepted by Dorothy Krayer, 1205 Park Street. CONSENT ITEMS Motion by Michalski to receive and file the documents and dispose of as indicated. Seconded by Lynch. Motion carried 7-0. Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 7/30; City Council of 8/28, 8/29 and 9/4; Civil Ser- vice Commission of 8/8; Historic Preservation Commission of 8/16; Long Range Planning Advisory Commission of 8/15; Park and Recreation Commission of 8/14; Zoning Advi- sory Commission of 9/5 Proofs of publication of City Council pro- ceedings of August 20, August 22, August 28 and August 29, 2007 Upon motion the documents were received and filed. Notice of Claims/Suits: Thomas J. Becker for vehicle damage; Julian and Shirley Regan for property damage; Qwest for property dam- age; Duane J. Wille for vehicle damage. Upon motion the documents were received, filed, and referred to the City Attorney. City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Com- munities Assurance Pool: Julian and Shirley Regan for property damage; Duane J. Wille for vehicle damage. 318 Regular Session, September 17, 2007 Book 137 Upon motion the documents were re- ceived, filed and concurred. U.S. Department of Transportation: Com- munication from Andrew B. Steinberg, U.S. Department of Transportation, in response to the City's letter in support of an application made by American Airlines to obtain route authority to operate a daily nonstop flight from Chicago O'Hare International Airport to Beijing, China. Upon motion the documents were re- ceived and filed. University Avenue Culvert and Sanitary Sewer Extension Project: City Manager re- commending acceptance of the University Avenue Culvert and Sanitary Sewer Extension Project as completed by Tschiggfrie Excavat- ing Company in the final contract amount of $416,126.25. Upon motion the documents were received and filed and Resolution No. 465-07 Accepting the University Avenue Cul- vert Extension and Sanitary Sewer Recon- struction Project and authorizing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 465-07 ACCEPTING THE UNIVERSITY AVENUE CULVERT EXTENSION AND SANITARY SEWER RECONSTRUCTION PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRAC- TOR Whereas, the Public Improvement Contract for the University Avenue Culvert Extension and Sanitary Sewer Reconstruction Project (the Project) has been completed and the City Manager 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 Man- ager recommends that the Project be ac- cepted; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Manager is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the Uni- versity Avenue Culvert Extension, University Avenue Sanitary Sewer Reconstruction, Fiscal Year 2008 Street Program, and Fiscal Year 2008 Storm Sewer Improvements/Extensions, appropriations for the contract amount of $416,126.25 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. Passed, approved and adopted this 17t" day of September, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE UNIVERSITY AVE- NUE CULVERT EXTENSION AND SANITA- RY SEWER RECONSTRUCTION PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the University Avenue Culvert Ex- tension and Sanitary Sewer Reconstruction Project, that the Project has been performed in compliance with the terms of the Public Im- provement Contract, and that the total cost of the completed work is $416,126.25. Dated this 17t" day of September, 2007. Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 17t" day of September, 2007. Jeanne F. Schneider, CMC, City Clerk Fiscal Year 2007 City Street Finance Re- port: City Manager recommending approval of the City of Dubuque's Fiscal Year 2007 Street Finance Report for submittal to the Iowa De- partment of Transportation. Upon motion the documents were received and filed and Reso- lution No. 466-07 Approving the City of Dubu- que Fiscal Year 2007 Street Finance Report was adopted. RESOLUTION NO. 466-07 APPROVING THE CITY OF DUBUQUE FIS- CAL YEAR 2007 CITY STREET FINANCE REPORT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Street Finance Report for the period of July 1, 2006, to June 30, 2007, is hereby approved and that the City Clerk is hereby authorized and directed to file said report with the Iowa Department of Transportation. Passed, approved and adopted this 17t" day of September, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Safe Routes to School Plan: Communica- tion to Chandra Ravada, Co-Director of Trans- portation and Planning for East Central Inter- governmental Association, advising that the City of Dubuque supports the Dubuque Com- munity Schools Safe Routes to School Plan. Upon motion the documents were received and filed. Bi-Lingual Trail Signage Project: City Man- ager recommending approval of an Iowa De- partment of Transportation Federal Recreation Trail Grant application to support the Bi- Book 137 Regular Sesison, September 17, 2007 Lingual Trail Signage Project. Upon motion the documents were received and filed and Reso- lution No. 467-07 Approving the submittal of an application for Federal Recreational Trails Program funding to the Iowa Department of Transportation for the Bi-Lingual Bike/Hike Trail Signage Project was adopted. RESOLUTION NO. 467-07 RESOLUTION APPROVING THE SUBMIT- TAL OF AN APPLICATION FOR FEDERAL RECREATIONAL TRAILS PROGRAM FUND- ING TO THE IOWA DEPARTMENT OF TRANSPORTATION FOR THE BI-LINGUAL BIKE/HIKE TRAIL SIGNAGE PROJECT. Whereas, the Iowa Department of Trans- portation has announced the availability of Federal Recreational Trails Program Funding; and Whereas, design, engineering and con- struction costs for pedestrian and bicycle facili- ties are eligible activities for this funding; and Whereas, the City has adopted a Compre- hensive Plan that identifies acommunity-wide bike/pedestrian network. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Mayor is authorized to sign and submit this grant application to the Iowa Department of Transportation for Federal Re- creational Trails Program Funding for the Bi- lingual Bike/Hike Trail Signage Project. Section 2. That in the event said applica- tion is approved, the City Council hereby pro- vides its written assurance that the completed project will be adequately maintained for its intended use in accordance with state re- quirements. Passed, approved and adopted this 17t" day of September 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Purchase of Property - 2265 Prince Street: City Manager recommending approval of the purchase of a residential dwelling located at 2265 Prince Street as part of the acquisition program associated with the Bee Branch Creek Restoration Project. Upon motion the documents were received and filed and Reso- lution No. 468-07 Approving the acquisition of real estate located at 2265 Prince Street in the City of Dubuque was adopted. RESOLUTION NO. 468-07 A RESOLUTION APPROVING THE ACQUI- SITION OF REAL ESTATE LOCATED AT 2265 PRINCE STREET, IN THE CITY OF DUBUQUE WHEREAS, the City of Dubuque intends to acquire certain properties located in the area of the Bee Branch Creek Restoration Project 319 for stormwater mitigation activities as recom- mended in the 2001 HDR "Drainage Basin Master Plan;" and WHEREAS, a purchase agreement has been finalized with the owner of the twenty seventh property scheduled for acquisition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby approves the acquisition of the following legal- ly described property: The North One-half of Lot 54 in Sanford Subdivision, also known as Sanford's Subdivision, in the City of Dubuque, Iowa, according to the recorded Plat thereof. At the cost of Sixty three thousand dollars ($63, 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 he- reby 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 he- reby directed to forward a copy of this Resolu- tion to the Dubuque County Assessor and the Dubuque County Auditor. Passed, approved, and adopted this 17t" day of September, 2007. Roy D. Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk Multijurisdictional Drug Task Force Agree- ment: City Manager recommending approval of an amendment to the Multijurisdictional Drug Task Force Agreement between the City of Dubuque, Dubuque County, City of East Dubuque, Illinois and Jo Daviess County, Illi- nois. Upon motion the documents were re- ceived, filed, and approved. Purchase of Property - 2106 Kniest Street: City Manager recommending approval of the purchase of a residential rental dwelling lo- cated at 2106 Kniest Street as part of the ac- quisition program associated with the Bee Branch Creek Restoration Project. Upon mo- tion the documents were received and filed and Resolution No. 469-07 Approving the ac- quisition of real estate located at 2106 Kniest Street in the City of Dubuque was adopted. RESOLUTION NO. 469-07 A RESOLUTION APPROVING THE ACQUI- SITION OF REAL ESTATE LOCATED AT 2106 KNIEST STREET, IN THE CITY OF DUBUQUE WHEREAS, the City of Dubuque intends to acquire certain properties located in the area 320 Regular Session, September 17, 2007 Book 137 of the Bee Branch Creek Restoration Project for stormwater mitigation activities as recom- mended in the 2001 HDR "Drainage Basin Master Plan;" and WHEREAS, a purchase agreement has been finalized with the owner of the twenty eighth property scheduled for acquisition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby approves the acquisition of the following legal- ly described property: Southeasterly 20 feet of the Southwesterly 97 feet of Lot 2, and the Northwesterly 10 feet of the Southwesterly 97 feet of Lot 3, in Frisch's Subdivision of Lot 3 of Kniest's Subdivision of Mineral Lot 314; Northwesterly 5 feet of the Northeasterly 50 feet of Lot 2, Frisch's Subdivision of Lot 2 of Kniest's Subdivision of Mineral Lot 314; Lot 1 of Frisch's Subdivision and the Northwesterly 5 feet of the Southwesterly 97 feet of Lot 2, in Frisch's Subdivision of Lot 1 and Lot 2 of Kniest's Subdivision of Mineral Lot 314, in the City of Dubuque, Iowa, according to the rec- orded plat thereof at the cost of Seventy four thousand dollars ($74,000). 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 he- reby 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 he- reby directed to forward a copy of this Resolu- tion to the Dubuque County Assessor and the Dubuque County Auditor. Passed, approved, and adopted this 17t" day of September, 2007. Roy D. Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk Consolidated Annual Performance and Evaluation Report (CAPER): City Manager recommending approval of the Consolidated Annual Performance and Evaluation Report (CAPER) for the period of July 1, 2006 through June 30, 2007, which is required by the regula- tions governing the Community Development Block Grant (CDBG) Program. Upon motion the documents were received and filed and Resolution No. 470-07 Authorizing the sub- mission of a Consolidated Annual Perfor- mance and Evaluation Project (CAPER) for the period commencing July 1, 2006 and conclud- ing June 30, 2007, was adopted. RESOLUTION NO. 470-07 RESOLUTION AUTHORIZING THE SUB- MISSION OF A CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION RE- PORT (CAPER) FOR THE PERIOD COM- MENCING JULY 1, 2006 AND CONCLUDING JUNE 30, 2007 Whereas, the City of Dubuque, Iowa, is an entitlement grant recipient under the Commu- nity Development Block Grant (CDBG) Pro- gram of the U.S. Department of Housing and Urban Development (HUD); and Whereas, the CDBG regulations require that no later than ninety (90) days after the completion of a program year, each entitle- ment recipient must submit a performance and evaluation report, Consolidated Annual Per- formance and Evaluation Report (CAPER); and, Whereas, the City has 1) prepared a CA- PER for the program year commencing July 1, 2006 and concluding June 30, 2007; 2) pub- lished notice of availability of the CAPER in the Telegraph Herald and City of Dubuque website on August 20,2007; 3) made copies of the CAPER available for public review at the Car- negie Stout Public Library, City Hall, Housing and Community Development Department and City of Dubuque website; 4) held a public hear- ing pursuant to published notice before the Community Development Advisory Commis- sion on September 5, 2007; and Whereas, the Community Development Advisory Commission has voted to approve the CAPER and to recommend City Council approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Consolidated Annual Performance and Evaluation Report (CAPER) for the period commencing July 1, 2006 and concluding June 30, 2007 is hereby approved for submission. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to execute the Consolidated Annual Performance and Evaluation Report (CAPER) on behalf of the City of Dubuque, Iowa. Section 3. That the City Manager is hereby authorized and directed to submit the Consoli- dated Annual Performance and Evaluation Report (CAPER) to the U.S. Department of Housing and Urban Development. Passed, approved and adopted this 17t" day of September 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Enterprise Zone Recertifications: City Manager recommending approval to file appli- cations with the Iowa Department of Economic Development requesting Enterprise Zone Re- Book 137 Regular Sesison, September 17, 2007 certification for the City's two existing Enter- prise Zones. Upon motion the documents were received and filed and Resolution No. 471-07 Authorizing the filing of an application with the Iowa Department of Economic Development requesting Enterprise Zone Recertification of the existing Enterprise Zone - 1 in the City of Dubuque; and Resolution No. 472-07 Authoriz- ing the filing of an application with the Iowa Department of Economic Development re- questing Enterprise Zone Recertification of the existing Enterprise Zone - 2 in the City of Du- buquewere adopted. RESOLUTION NO. 471-07 A RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE IOWA DE- PARTMENT OF ECONOMIC DEVELOP- MENT REQUESTING ENTERPRISE ZONE RECERTIFICATION OF THE EXISTING EN- TERPRISE ZONE - 1 IN THE CITY OF DU- BUQUE. Whereas, the State of Iowa Department of Economic Development (IDED) is taking appli- cations for the Enterprise Zone program to provide benefits and incentives for redevelop- ment and reinvestment in areas of a communi- tythat meet certain eligibility criteria; and Whereas, the City of Dubuque, Iowa has identified an area which meets the eligibility requirements; and Whereas, the City Council of Dubuque, Iowa has determined that said designation and recertification of the City's existing Enterprise Zone - 1 will benefit the local economy through the creation of new investment and new jobs for area residents; and Whereas, the City of Dubuque, Iowa is eli- gible to submit an application for the Enter- prise Zone program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the filing of an application for Enterprise Zone Certification to expand the City's existing Enterprise Zone - 1 is approved. Section 2. That the schedule of value- added property tax exemption for this Enter- prise Zone shall be One Dollar ($1.00) per year for ten years. Section 3. That the Mayor is hereby autho- rized and directed to execute, on behalf of the City Council of the City of Dubuque, Iowa, the appropriate Enterprise Zone application. Section 4. That the City Manager is di- rected to submit the application to the Iowa Department of Economic Development togeth- erwith such documents as may be required. Section 5. That, once the Enterprise Zone is recertified, a copy of this resolution and all supporting documents be forwarded to the City Assessor. Passed, approved and adopted this 17t" 321 day of September, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 472-07 A RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE IOWA DE- PARTMENT OF ECONOMIC DEVELOP- MENT REQUESTING ENTERPRISE ZONE RECERTIFICATION OF THE EXISTING EN- TERPRISE ZONE - 2 IN THE CITY OF DU- BUQUE. Whereas, the State of Iowa Department of Economic Development (IDED) is taking appli- cations for the Enterprise Zone program to provide benefits and incentives for redevelop- ment and reinvestment in areas of a communi- tythat meet certain eligibility criteria; and Whereas, the City of Dubuque, Iowa has identified an area which meets the eligibility requirements; and Whereas, the City Council of Dubuque, Iowa has determined that said designation and recertification of the City's existing Enterprise Zone - 2 will benefit the local economy through the creation of new investment and new jobs for area residents; and Whereas, the City of Dubuque, Iowa is eli- gible to submit an application for the Enter- prise Zone program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the filing of an application for Enterprise Zone Recertification of the City's existing Enterprise Zone - 2 is approved. Section 2. That the schedule of value- added property tax exemption for this Enter- prise Zone shall be One Dollar ($1.00) per year for ten years. Section 3. That the Mayor is hereby autho- rized and directed to execute, on behalf of the City Council of the City of Dubuque, Iowa, the appropriate Enterprise Zone application. Section 4. That the City Manager is di- rected to submit the application to the Iowa Department of Economic Development togeth- erwith such documents as may be required. Section 5. That, once the Enterprise Zone is recertified, a copy of this resolution and all supporting documents be forwarded to the City Assessor. Passed, approved and adopted this 17t" day of September, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Plat of Survey -Alley Across from Former Dubuque Packing Plant: City Manager re- commending approval of the plat to accommo- date the creation of a legal description for the alley to be sold to SB Development, LLC. Upon motion the documents were received 322 Regular Session, September 17, 2007 Book 137 and filed and Resolution No. 473-07 Approving plat of survey Lot 378A of East Dubuque No. 2 in the City of Dubuque, Iowa, was adopted. RESOLUTION NO 473-07 RESOLUTION APPROVING PLAT OF SUR- VEY LOT 378A OF EAST DUBUQUE NO. 2 IN THE CITY OF DUBUQUE, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a Plat of Survey Lot 378A of East Dubuque No. 2 in the City of Dubuque, Iowa, dated Septem- ber 9, 2007, prepared by IIW Engineers and Surveyors, P.C., describing the property to be platted, a copy of which is attached hereto (the Plat); and Whereas, the Plat conforms to the laws and statutes pertaining thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Plat is hereby approved, and the Mayor and City Clerk are hereby au- thorized and directed to execute the Plat for and on behalf of the City of Dubuque, Iowa. Section 2. The City Clerk is hereby autho- rized and directed to file the Plat and a certi- fied copy of this resolution in the office of the Recorder, in and for Dubuque County, Iowa. Passed, approved and adopted this 17t" day of September 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Plat of Survey -Waller Addition: Zoning Advisory Commission recommending approval of the plat of survey of Waller Addition located on Lakeview Drive in Dubuque County, as requested by John and Emily Rowe/Buesing and Associates. Upon motion the documents were received and filed and Resolution No. 474-07 Approving the Plat of Survey of Waller Addition was adopted. RESOLUTION NO. 474-07 A RESOLUTION APPROVING THE PLAT OF SURVEY WALLER ADDITION. Whereas, there has been filed with the City Clerk a Plat of Survey Waller Addition in the City of Dubuque, Iowa; and Whereas, said Plat of Survey has been ex- amined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said Plat of Survey has been ex- amined by the City Council and they find that it conforms to the statutes and ordinances relat- ing 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. That Section 42-19(b) of the Subdivision Regulations is waived to allow Lots 2, 3 and 4 to have 0 feet of frontage, where 50 feet of lot frontage is required. Section 3. That the Plat of Survey of Waller Addition is hereby approved and the Mayor and City Clerk are hereby authorized and di- rected to endorse the approval of the City of Dubuque, Iowa upon said plat of survey. Passed, approved and adopted this 17t" day of September 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Henschel's Hidden Acres -Final Plat: Zon- ing Advisory Commission recommending ap- proval of the final plat of Henschel's Hidden Acres located west of Miller Road Terminus (Lot 2 Henschel's Hidden Acres) as requested by Thomas and Sheri Henschel. Upon motion the documents were received and filed and Resolution No. 475-07 Approving the final plat of Henschel's Hidden Acres was adopted. RESOLUTION NO. 475-07 RESOLUTION APPROVING THE FINAL PLAT OF HENSCHEL'S HIDDEN ACRES Whereas, there has been filed with the City Clerk a Final Plat of Henschel's Hidden Acres in the City of Dubuque; and Whereas, said Final Plat has been ex- amined by the Zoning Advisory Commission and its approval endorsed thereon; and Whereas, said Final Plat has been ex- amined by the City Council and they find that it conforms to the statutes and ordinances relat- ing thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 42-19(b) of the Subdivision Regulations is waived to allow Lot 2 to have 0 feet of frontage, where 50 feet of lot frontage is required. Section 2. That the Final Plat of Henschel's Hidden Acres is hereby approved and the Mayor and City Clerk are hereby is authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said Plat of Sur- vey. Passed, approved and adopted this 17t" day of September 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk PEG Capital Grant Expenditure Requests: City Manager recommending approval of the Cable TV Tele-Programming Commission rec- ommendations for funding from the Public, Educational, and Government (PEG) Capital Grant for Access Equipment and Facilities in the amount of $5,500 to Mediacom fora varie- Book 137 Regular Sesison, September 17, 2007 ty of equipment for the public access studio. Upon motion the documents were received, filed, and approved. Eagle Point Park Fee Collection Booth Construction Project: City Manager recom- mending acceptance of the Eagle Point Park Fee Collection Booth Construction Project as completed by Klauer Construction Company in the final contract amount of $271,856. Upon motion the documents were received and filed and Resolution No. 476-07 Accepting im- provement and Resolution No. 477-07 Approv- ing final estimate were adopted. RESOLUTION NO. 476-07 ACCEPTING IMPROVEMENT WHEREAS, the contract for the Eagle Point Park Fee Collector's Building 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 accep- tance. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 1. That the recommendation of the City Manager be approved and that said improve- ment 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 17th day of September, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 477-07 FINAL ESTIMATE WHEREAS, the contract for the Eagle Point Park Fee Collector's Building Project has been completed and the Engineer has submit- ted 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 improve- ment is hereby determined to be $271,856, and the said amount shall be paid from the General Fund of the City of Dubuque, Iowa. Passed, approved and adopted this 17th day of September, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 323 recommending approval of a $500,000 loan from the Iowa Finance Authority to assist with the townhouse project at 1126 White Street. Upon motion the documents were received, filed, and approved. Business Licenses: City Manager recom- mending approval of annual liquor license re- newals as submitted. Upon motion the docu- ments were received and filed and Resolution No. 478-07 Granting the issuance of one re- newal permit to sell cigarettes and cigarette papers to Murph's South End; Resolution No. 479-07 Granting the issuance of a Class "C" Beer Permit to Wal-Mart Supercenter, Hy-Vee Gas #2 and Ron's Discount Smokes; and Resolution No. 480-07 Granting the issuance of a Class "B" (Motel/Hotel) Liquor License to Hilton Garden Inn, Red Robin Gourmet Burg- ers; Class "C" Beer/Liquor License to Clarke College, Carlos O'Kelly's Mexican Cafe, Bull- dog Billiards, Happy's Place, A & B Tap, and Star Restaurant/Ultra Lounge were adopted. RESOLUTION NO. 478-07 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: That the following having complied with the provisions of law relating to the sale of Ciga- rettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Ciga- rette Papers within said City. 1 RENEWAL Murph's South End Tap, Pamela J. Murphy, 55 Locust Street Passed, approved, and adopted this 17t" day of September, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 479-07 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been ex- amined 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 Wal-Mart Stores, Inc, Wal-Mart Supercen- ter # 2004+(Sunday Sale), 4200 Dodge Street Hy-Vee, Inc., Hy-Vee Gas # 2+(Sunday Sale), 2435 NW Arterial Iowa Finance Authority Loan: City Manager 324 Regular Session, September 17, 2007 Book 137 RKM LLC, Ron's Disc Smokes/Bev.+(Sunday Sale), 3300 Asbury Road Passed, approved, and adopted this 17th day of September, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 480-07 Whereas, applications for Liquor Licenses have been submitted to this Council for ap- proval 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 Ordin- ances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS "B"(MOTEUHOTEL) LIQUOR LI- CENSE DBQ Casino Hotel, LLC, Hilton Garden Inn/Houlihan's Restaurant +(Sunday/Outdoor Sale, 1795 Greyhound Drive Red Robin Inc., Red Robin Gourmet Burg- ers +(Sunday/Outdoor Sale), 2775 NW Arterial CLASS "C" BEER/LIQUOR LICENSE Clarke College, Clarke College (1 Day Outdoor Sale), 1500 Clarke Drive Carlos O'Kellys, Inc., Carlos O'Kelly's Mex- ican Cafe +(Sunday Sale), 1355 Associates Drive Bulldog Billiards Bar, Bulldog Billiards Sports Bar +(Sunday Sale), 1850 Central PMST, Inc., Happy's Place +(Sunday Sale), 2323 Rockdale DDA Enterprise, A & B Tap +(Sunday Sale), 2600 Central Avenue James Madison, Inc., Star Rest./Ultra Lounge +(Sunday/Outdoor Sale), 600 Star Brewery, Suite # 200 CLASS "B" WINE Wal-Mart Store, Inc., Wal-Mart Supercen- ter #2004, 4200 Dodge Street James Madison, Inc., Star Restaurant/Ultra Lounge, 600 Star Brewery Drive, Suite #200 Passed, approved, and adopted this 17th day of September, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk ITEMS TO BE SET FOR PUBLIC HEARING Motion by Cline to receive and file the doc- uments, set the public hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Connors. Mo- tion carried 7-0 Vacation and Sale of Undeveloped Alley: City Manager recommending that a public hearing be set for October 1, 2007 to consider the vacation and sale of an undeveloped alley near the old Dubuque Meat Packing Plant to SB Development, LLC. Upon motion the doc- uments were received and filed and Resolution No. 481-07 Resolution of Intent to dispose of Lot 378A of East Dubuque No. 2 in the City of Dubuque, Iowa, was adopted setting a public hearing at a meeting to commence at 6:30 p.m. on October 1, 2007 in the Historic Federal Building. RESOLUTION NO. 481-07 RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN LOT 378A OF EAST DU- BUQUE NO. 2 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, SB Development, LLC have re- quested the disposal of a vacated alley platted as Lot 378A of East Dubuque No. 2; and Whereas, IIW Engineering and Surveyors, PC has prepared and will record a plat show- ing the vacated alley and assigned lot number thereto, which is known and described as Lot 378A of East Dubuque No. 2 in the City of Dubuque, Dubuque County, Iowa, in the Office of the Dubuque County Recorder. Whereas, 378A of East Dubuque No. 2 is a public alley planned for vacation by the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque in- tends to dispose of its interest in Lot 378A of East Dubuque No. 2 in the City of Dubuque, Dubuque County, Iowa. Section 2. That the conveyance of Lot 378A of East Dubuque No. 2 in the City of Dubuque, Dubuque County, Iowa, to SB De- velopment, LLC be contingent upon the pay- ment of publication and filing fees and $1.00 and other considerations. Section 3. That the City Clerk be and is he- reby authorized and directed to cause a notice of intent to dispose of said real estate to be published in the manner as prescribed by law. Passed, approved and adopted this 17t" day of September, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk United States Postal Service: City Manager recommending that a public hearing be set for October 1, 2007 to consider approval of a lease agreement with the United States Postal Service for space at the Historic Federal Build- ing. Upon motion the documents were re- ceived and filed and Resolution No. 482-07 Resolution of Intent to dispose of interest in real property by lease agreement between the Book 137 Regular Sesison, September 17, 2007 City of Dubuque and the United States Postal Service was adopted setting a public hearing at a meeting to commence at 6:30 p.m. on October 1, 2007, in the Historic Federal Building. RESOLUTION NO. 482-07 INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY OWNED BY THE CITY OF DUBUQUE BY LEASE BETWEEN THE CITY OF DUBUQUE, IOWA AND THE UNITED STATES POSTAL SERVICE WHEREAS, the City of Dubuque, Iowa (City) owns the real property described as the Historic Federal Building, located at 350 West 6t" Street in the City of Dubuque, Iowa; and WHEREAS, City and United States Postal Service have negotiated a Lease Agreement for space in the Historic Federal Building, a copy of which Lease Agreement is on file at the office of the City Clerk, City Hall, 13t" and Central Ave- nue, Dubuque, Iowa; and WHEREAS, the City Council believes it is in the best interests of the City of Dubuque to ap- provethe Lease Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The City of Dubuque intends to dispose of its interest in the foregoing-described real property by Lease Agreement between City and United States Postal Service. Section 2. The City Clerk is hereby autho- rized and directed to cause this Resolution and a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City's intent to dispose of the foregoing- described real property, to be held on the 1St day of October, 2007, at 6:30 o'clock p.m. at the Historic Federal Building, Council Chambers, 350 W. 6t" Street, Dubuque, Iowa. Passed, approved and adopted this 17t" day of September, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Fiscal Year 2008 Budget Amendment: City Manager recommending that a public hearing be set for October 1, 2007 to consider approv- al of the first amendment to the Fiscal Year 2008 Operating Budget. Upon motion the doc- uments were received and filed and Resolution No. 483-07 Setting the date for the public hearing on Amendment No. 1 to the Fiscal Year 2008 Budget for the City of Dubuque was adopted setting a public hearing at a meeting to commence at 6:30 p.m. on October 1, 2007, in the Historic Federal Building. RESOLUTION NO. 483-07 SETTING THE DATE FOR THE PUBLIC HEARING ON AMENDMENT NO. 1 TO THE FISCAL YEAR 2008 BUDGET FOR THE CITY OF DUBUQUE 325 Whereas, Iowa Code Section 384.16 pro- vides that the City Council shall set a time and place for a public hearing on amendments to the budget and publish notice before the hear- ing as provided in Iowa Code Section 362.3. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council shall con- duct apublic hearing on proposed Amendment No. 1 to the Fiscal Year 2008 budget for the City of Dubuque at the City Council Chambers at the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, on Monday, October 1, 2007, beginning at 6:30 p.m. Section 2. That the City Clerk be and is he- reby authorized and directed to publish notice of the public hearing, according to law, togeth- erwith the required budget information. Passed, approved and adopted this 17t" day of September 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk BOARDS/COMMISSIONS Appointment was made to the following Commission: Civic Center Commission. Three 3-year expired terms through June 29, 2010 - Terms of Bakke, Brannon, Nauman. Applicant: Rod Bakke. Michalski moved to appoint Rod Bakke to a 3-year term through June 29, 2010. Seconded by Lynch. Motion carried 7-0. SUSPEND THE RULES Upon motion the rules were suspended allow- ing anyone to address the City Council. PUBLIC HEARINGS University of Dubuque Residential Parking Permit District: Proof of publication on notice of hearing to consider a request for changes to Residential Parking Permit District A around the University of Dubuque campus and City Manager recommending approval. Motion by Jones to receive and file the documents and that the requirement that a proposed ordin- ance 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 7-0. Motion by Jones for final consideration and passage of Ordinance No. 46-07 Amending the Code of Ordinances of the City of Dubu- que, Iowa, by repealing Subsection (a) of Sec- tion 32-321.733 Establishing Residential Park- ing Permit District A and adopting in lieu the- reof a new Subsection (a) of Section 32- 321.733 Re-Establishing Residential Parking Permit District A. Seconded by Braig. Michals- ki said she had been contacted by a citizen 326 Regular Session, September 17, 2007 Book 137 that hoped the change would not make the parking situation more difficult. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 46-07 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SUBSECTION (a) OF SECTION 32-321.733 ESTABLISHING RES- IDENTIAL PARKING PERMIT DISTRICT A AND ADOPTING IN LIEU THEREOF A NEW SUBSECTION (a) OF SECTION 32-321.733 RE-ESTABLISHING RESIDENTIAL PARK- ING PERMIT DISTRICT A NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Subsection (a) of Section 32-321.733 of the Code of Ordinances of the City of Dubuque, Iowa, relating to Residential Parking Permit District A is hereby repealed and the following new Subsection (a) of Sec- tion 32-321.733 adopted in lieu thereof: Section 32-321.733. (a) The following described area con- stitutes a residential parking permit district designated as Residential Parking Permit District A: Grace Street, from Ida Street to McCormick Street and Algona Street from Ben- nett Street to Grace Street. Passed, approved and adopted this 17t" day of September, 2007. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald Newspaper the 21St day of September, 2007. /s/Jeanne F. Schneider, CMC, City Clerk Text Amendment -Callahan Construction, Inc.: Proof of publication on notice of hearing to consider a request from Joel Callahan, Cal- lahan Construction, Inc., to amend Section 3- 3.6 CS Commercial Service and Wholesale District of the Zoning Ordinance to allow for indoor and outdoor recreation facilities and Zoning Advisory Commission recommending approval. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Lynch. Motion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 47-07 Amend- ing Sections 3-3.6(6) and 3-3.6(D) of the City of Dubuque Code of Ordinances by adding indoor recreation facilities as a permitted use and outdoor recreation as conditional use in the CS Commercial Service and Wholesale District. Seconded by Braig. Callahan Project Manager Tom Dalsing spoke in support of the ordinance. Braig questioned what outdoor recreation entailed. Carstens said it can in- clude awide variety of things but was not defi- nitively defined. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 47-07 AN ORDINANCE AMENDING SECTIONS 3- 3.6(6) AND 3-3.6(D) OF THE CITY OF DU- BUQUE CODE OF ORDINANCES BY ADD- ING INDOOR RECREATION FACILITIES AS A PERMITTED USE AND OUTDOOR RECREATION AS CONDITIONAL USE IN THE CS COMMERCIAL SERVICE AND WHOLESALE DISTRICT. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 3-3.6(6) of the City of Dubuque Code of Ordinances is hereby amended as follows: 43) Indoor Recreation Facilities - [37] Section 2. That Section 3-3.6(D) of the City of Dubuque Code of Ordinances is hereby amended as follows: (1) Outdoor Recreation provided that: (a) Hours of operation shall be li- mited, 8:00 a.m. to 12:00 mid- night, unless further limited by the Zoning Board of Adjustment. (b) That wall-mounted and pole mounted light fixtures utilize 90- degree cut-off luminaries. (c) That the Zoning Board of Ad- justment establish screening re- quirements for adjacent property, if necessary. (d) That the parking group require- ments can be met [37]. Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Advi- sory Commission of the City of Dubuque, Iowa. Section 4. This ordinance shall take effect immediately upon publication, as provided by I aw. Passed, approved and adopted this 17t" day of September 2007. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald Newspaper the 21St day of September, 2007. /s/Jeanne F. Schneider, CMC, City Clerk Martin McNamer / NCR Developers - Creek Wood Drive: Proof of publication on notice of hearing to consider a request from Martin McNamer /NCR Development to re- zone property located on Creek Wood Drive from R-2 Two-Family Residential District to R- Book 137 Regular Sesison, September 17, 2007 1 Single-Family Residential District and Zoning Advisory Commission recommending approv- al. Motion by Cline to receive and file the doc- uments and that the requirement that a pro- posed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be sus- pended. Seconded by Connors. Motion carried 7-0. Motion by Lynch for final consideration and passage of Ordinance No. 48-07 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassify- ing hereinafter described property located along Creek Wood Drive from R-2 Two-Family Residential District to R-1 Single-Family Resi- dential District. Seconded by Braig. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 48-07 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DE- SCRIBED PROPERTY LOCATED ALONG CREEK WOOD DRIVE FROM R-2 TWO- FAMILY RESIDENTIAL DISTRICT TO R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassify- ing the hereinafter-described property from R- 2Two-Family Residential to R-1 Single-Family Residential, to wit: Lot 29, 30 and E of Timber- Hyrst Estates, and to the centerline of the ad- joining public right-of-way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advi- sory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by I aw. Passed, approved and adopted this 17t" day of September, 2007. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald Newspaper the 21St day of September, 2007. /s/Jeanne F. Schneider, CMC, City Clerk Jim and Diane McClain - 1605 Kebbie Drive: Proof of publication on notice of hearing to consider a request from Jim and Diane McClain to rezone property located at 1605 Kebbie Drive from R-1 Single-Family Residen- tial District to R-2 Two-Family Residential Dis- 327 trict and Zoning Advisory Commission recom- mending approval. Motion by Cline to receive and file the documents and that the require- ment that a proposed ordinance be considered and voted on for passage at two Council meet- ings prior to the meeting at which it is to be passed be suspended. Seconded by Braig. Motion carried 7-0. Motion by Cline for final consideration and passage of Ordinance No. 49-07 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassify- ing hereinafter described located at 1605 Keb- bie Drive from R-1 Single-Family Residential District to R-2 Two-Family Residential District. Seconded by Lynch. Donald Bycroft, 2179 Sunnyslope Drive, spoke in support of the or- dinance saying he was planning to purchase the property and build a duplex. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 49-07 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DE- SCRIBED PROPERTY LOCATED AT 1605 KEBBIE FROM R-1 SINGLE-FAMILY RESI- DENTIAL DISTRICT TO R-2 TWO-FAMILY RESIDENTIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassify- ing the hereinafter-described property from R- 1 Single-Family Residential District to R-2 Two-Family Residential District, to wit: Lot 2 of 1 of 2 NW'/4 NE'/4 Section 28, and to the cen- terline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advi- sory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by I aw. Passed, approved and adopted this 17t" day of September, 2007. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald Newspaper the 21St day of September, 2007. /s/Jeanne F. Schneider, CMC, City Clerk John Kivlahan -Northwest Arterial: Proof of publication on notice of hearing to consider a request from John Kivlahan to rezone prop- erty located south of the Northwest Arterial 328 Regular Session, September 17, 2007 Book 137 from C-3 General Commercial District to R-2 Two-Family Residential District and Zoning Advisory Commission recommending approv- al. Motion by Cline to receive and file the doc- uments and that the requirement that a pro- posed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be sus- pended. Seconded by Braig. Motion carried 7-0. Motion by Cline for final consideration and passage of Ordinance No. 50-07 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassify- ing hereinafter described located south of the Northwest Arterial and west of John F. Kenne- dy Road from C-3 General Commercial District to R-2 Two-Family Residential District. Seconded by Braig. John Kivlahan, 4922 Wildflower, spoke in support of the ordinance. Motion carried 7-0. and Sheri Henschel to rezone property located west of Miller Road Terminus (Lot 2 Hen- schel's Hidden Acres) from AG Agricultural District to R-1 Single-Family Residential Dis- trict and Zoning Advisory Commission recom- mending approval. Motion by Connors to re- ceive and file the documents and that the re- quirement that a proposed ordinance be con- sidered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Cline. Motion carried 7-0. Motion by Lynch for final consideration and passage of Ordinance No. 51-07 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassify- ing hereinafter described located at the end of Miller Road from AG Agricultural District to R-1 Single-Family Residential District. Seconded by Braig. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 50-07 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DE- SCRIBED PROPERTY LOCATED AT SOUTH OF THE NORTHWEST ARTERIAL AND WEST OF JOHN F KENNEDY ROAD FROM C-3 GENERAL COMMERCIAL DISTRICT TO R-2 TWO-FAMILY RESIDENTIAL DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassify- ing the hereinafter-described property from C- 3 General Commercial District to R-2 Two- family Residential, to wit: Lot 2 of 1 of Helen E and Mary H Stewart Subdivision, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advi- sory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by I aw. Passed, approved and adopted this 17t" day of September, 2007. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald Newspaper the 21St day of September, 2007. /s/Jeanne F. Schneider, CMC, City Clerk Thomas and Sheri Henschel - Henschel's Hidden Acres: Proof of publication on notice of hearing to consider a request from Thomas OFFICIAL PUBLICATION ORDINANCE NO. 51-07 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DE- SCRIBED PROPERTY LOCATED AT THE END OF MILLER ROAD FROM AG AGRI- CULTURAL DISTRICT TO R-1 SINGLE- FAMILY RESIDENTIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassify- ing the hereinafter-described property from AG Agricultural District to R-1 Single Family Resi- dential District, to wit: Lot 2 Henschel's Hidden Acres, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advi- sory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by I aw. Passed, approved and adopted this 17t" day of September, 2007. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald Newspaper the 21St day of September, 2007. /s/Jeanne F. Schneider, CMC, City Clerk Robert Hartig /Medical Associates Clinic: Proof of publication on notice of hearing to consider a request from Robert Hartig / Medi- cal Associates Clinic to amend the Medical Book 137 Regular Sesison, September 17, 2007 Associates Clinic Planned Unit Development (PUD) District to re-designate existing green- way buffer for business uses and Zoning Advi- sory Commission recommending denial. Communication from Robert Hartig, Medi- cal Associates, requesting that this topic be tabled to October 1, 2007. Motion by Michalski to receive and file the documents and table until the October 1, 2007, City Council meeting. Seconded by Connors. Motion carried 7-0. REINSTATE THE RULES Upon motion the rules were reinstated li- miting discussion to the City Council. ACTION ITEMS Sister City -Handan, China: Request of Dirk Voetberg and Dick Landis to address the City Council regarding the future of the Dubu- que -Handan City Sister City relationship. Motion by Cline to receive and file the docu- ments and schedule a future work session. Seconded by Connors. Dirk Voetberg, 779 University; and Dick Landis, 2390 Clarke Crest, provided information saying that they will be meeting with Handan officials to discuss the future of the Sister City relationship. Buol said that the City's participation would involve a policy decision as funding for this program was removed from the budget in 2004. He believed the program should be resurrected and suggested a short work session after Voetberg and Landis return from Handan and prior to the FY 2009 budget process. Michalski said there is much to be gained by the pro- gram and suggested designating a business or cultural representative. Lynch suggested invit- ing Handan officials to Dubuque's 175t" anni- versary celebration and questioned justifying using taxpayer money for travel to Handan. Voetberg said there would be economic, cul- tural, and educational benefits. Cline said that there is more than one municipality interested in a Sister City relationship. Connors said that since little had been done with the program in the last six years, it would be interesting to resurrect it. She suggested informing the Han- dan officials that there is interest in the pro- gram, but more discussion is needed before making a decision. There was consensus among Council to schedule a future work ses- sion. Motion carried 7-0. Pebble Cove #2 -Preliminary Plat: Zoning Advisory Commission recommending approval of the preliminary plat of Pebble Cove #2 as requested by John Kivlahan / Buesing and Associates. Motion by Cline to receive and file the documents and approve. Seconded by Connors. Motion carried 7-0. 329 Community Development Advisory Com- mission: City Manager submitting information on the transfer of the designation of area re- presentation between two current Community Development Advisory Commission (CDAC) members. Motion by Michalski to receive and file the documents and approve the change in CDAC representation by appointing Michael Gukeisen to an at-large designation, and Te- resa Caldwell to Census Tract 1: Low- and Moderate-Income designation. Connors and Jones commended the CDAC for finding a solution to the change in commissioner resi- dency. Motion carried 7-0. School Resource Officer (SRO) Agree- ment: City Manager recommending approval of the School Resource Officer (SRO) agree- ment with Dubuque Community Schools for the 2007 - 2008 school year. Motion by Cline to receive and file the documents and approve. Seconded by Braig. Motion carried 7-0. Lead Paint Program: City Manager re- commending that the two lead based paint inspector positions be retained as the City reviews the code enforcement efforts of the lead paint program. Motion by Jones to receive and file the documents and approve. Seconded by Cline. Motion carried 7-0. COUNCIL MEMBER REPORTS Mayor Buol commented on how much he learned at the Mayor's Summit in Sundance, Utah. He encouraged everyone to register for the Growing Sustainable Communities pro- gram on September 26, 2007. PUBLIC INPUT LeeAnn Arlen, 125 W. 9t" Street, ex- pressed her concern over various public trans- portation issues, including that the Keyline map does not contain street names, drivers are not completing routes and are skipping hospitals and medical facilities. She would like to see the City use buses with street-level en- try, no steps, and with a lift that goes out to the curb and back. She also felt that more mini buses are needed as well as bus shelters for people on sun-sensitive medication. She commented that the City trolleys are not stop- ping where they are supposed to and not going in the right direction. Buol said that pub- lic transit is a high priority for the City Council. Michalski asked Arlen to send a copy of her comments to the Transit Board. 330 Regular Session, September 17, 2007 Book 137 CLOSED SESSION Upon motion the City Council convened in closed session at 7:30 p.m. pending litigation and property acquisition pursuant to Chapter 21.5(1)(c)(j) 2007 Code of Iowa. Having given staff proper direction, upon motion the Council convened in regular ses- sion at 8:04 p.m. There being no further business, upon mo- tion the Council adjourned at 8:05 p.m. /s/ Jeanne F. Schneider, CMC City Clerk Book 137 Special Session, September 19, 2007 CITY OF DUBUQUE, IOWA CITY COUNCIL OFFICIAL PROCEEDINGS The Dubuque City Council met in special session at 5:30 p.m. on September 19, 2007, in the Historic Federal Building Present: Mayor Pro-Tem Cline, City Coun- cil Members Braig, Connors, Jones, Lynch, City Manager Van Milligen; City Attorney Barry Lindahl Absent: Mayor Roy D. Buol Mayor Pro-Tem Cline read the call and stated this is a special session called for the purpose of approving an agreement between the City of Dubuque and Kraemer Brothers, LLC, extending the Port of Dubuque Public Parking Facility bid. Port of Dubuque Public Parking Facility Project: City Manager recommending approval of an agreement between the City of Dubuque and Kraemer Brothers, LLC extending the bid for construction of the Port of Dubuque Public Parking Facility. Upon motion the documents were received and filed and Resolution No. 484-07 Approving an agreement between the City of Dubuque and Kraemer Brothers, LLC extending the bid for construction of the Port of Dubuque Public Parking Facility was adopted. RESOLUTION NO. 484-07 APPROVING THE SECOND AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND KRAEMER BROTHERS, LLC EXTEND- ING THE BID FOR THE CONSTRUCTION OF THE PORT OF DUBUQUE PUBLIC PARK- ING FACILITY WHEREAS, City has heretofore approved plans, specifications and form of contract for the Port of Dubuque Public Parking Facility (the Project) which, among other things, allow the City up to 30 days to accept or reject bids for construction of the Project; and WHEREAS, by Resolution No. 372-07 adopted July 2, 2007, the City Council autho- rized the advertisement for bids for the con- struction of the Port of Dubuque Public Parking Facility Project; and WHEREAS, City opened bids for construc- tion of the Project on July 25, 2007, and Kraemer Brothers, LLC (Kraemer) was the only bidder that submitted a bid at such time; and WHEREAS, Kraemer's bid expires on the 24t" day of August, 2007; and WHEREAS, Kraemer agreed to extend its bid through September 19, 2007; and WHEREAS, City has made an additional 331 request that Kraemer extend its bid through October 19, 2007; and WHEREAS, in consideration for City for- bearing the rebidding of the Project, Kraemer is willing to extend its bid on the terms and conditions set forth in the attached Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOW: SECTION 1. The Agreement attached he- reto is hereby approved. SECTION 2. The Mayor is authorized and directed to sign this Resolution on behalf of the City of Dubuque. Passed, approved, and adopted this 19t" day of September, . Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk There being no further business, upon mo- tion the meeting was adjourned at 5:36 p.m. /s/Jeanne F. Schneider, CMC City Clerk 332 Regular Session, October 1, 2007 Book 137 CITY OF DUBUQUE, IOWA CITY COUNCIL OFFICIAL PROCEEDINGS The Dubuque City Council met in regular session at 6:30 p.m. on October 1, 2007, in the Historic Federal Building. Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michals- ki, 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 Council. INVOCATION Invocation was provided by Captain Tom Mason, Salvation Army PROCLAMATIONS Dubuque Weatherization Challenge Day (October 6, 2007) was accepted by Ric Jones, Tom Stoval of Operation: New View, Laura Roussel of Aquila, Diane Hansen of Alliant Energy, and Carrie Tedore of the Diamond Jo Casino; Breast of Friends Walk-A-Thon (Octo- ber 7, 2007) was accepted by Lisa Latham, 10837 Key West Drive; Week Without Vi- olence (October 14 - 21, 2007) was accepted by Sr. Charla Bulko of the Dubuque Communi- ty Y; White Cane Day (October 15, 2007) was accepted by Shirley Conrad and Sr. Agnes Marie of the Tri-State Blind Society's Make a Will Month (October 2007) was accepted by Ric Jones and Dave Schmitz; Arts and Hu- manities Month (October 2007) was accepted by John Woodin of the Dubuque Cultural Al- liance and Amy Weber of the Arts and Cultural Affairs Advisory Commission; Community Ap- preciation Day (October 1, 2007) and Trick or Treat Night (October 31, 2007) were accepted by Mayor Buol. CONSENT ITEMS Motion by Cline to receive and file the doc- uments and dispose of as indicated. Seconded by Braig. Michalski asked that (#12) Housing Trust Fund Application be held for separate discussion. Lynch requested (#15) Police De- partment Five Year Plan be held for separate discussion. Motion carried 7-0. Minutes and Reports Submitted: City Council of 9/17 and 9/19; Civil Service Com- mission of 8/8 and 9/11; Electrical Code Board of 9/24; Housing Commission of 8/28; Human Rights Commission of 8/13; Park and Recreation Commission of 9/11; Zoning Board of Adjustment of 8/23; Library Board of Trus- tees Update from the Meeting of August 23, 2007; Proof of publication of City Council Pro- ceedings of September 4, 2007. Upon motion the documents were received and filed. Notice of Claims/Suits: Cheryl J. Hayes for personal injury; Nationwide Advantage Mort- gage Company vs. Laura L. Schumacher, Ste- ven J. Schumacher, and the City of Dubuque Housing and Community Development De- partment; Janaan and Mary Redmond for property damage; Tom A. Hoffman for vehicle damage. Upon motion the documents were received and filed and referred to the City At- torney. City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Com- munities Assurance Pool: Thomas J. Becker for property damage; Cheryl J. Hayes for per- sonal injury; Janaan Redmond for property damage. Upon motion the documents were received and filed and concurred. Water Revenue Capital Loan Notes: City Manager recommending approval of the final actions necessary for the issuance of $1,037,000 Water Revenue Capital Loan Notes. Upon motion the documents were re- ceive and filed, and Resolution No. 490-07 Approving and authorizing a form of loan and disbursement agreement by and between the City of Dubuque Iowa Finance Authority, Iowa Department of Natural Resources and Wells Fargo Bank, N.A., and authorizing and provid- ing for the issuance and securing the payment of $1,037,000 Water Revenue Capital Loan Notes, Series 2007, of the City of Dubuque, Iowa, under the provisions of the Code of Iowa, and providing for a method of payment of said notes was adopted. Council Member Patricia Cline moved that the form of Tax Exemption Certificate and Loan and Disbursement Agreement be placed on file and approved. Council Member Karla Braig seconded the motion and the roll being called thereon, the vote was as follows: AYES: Braig, Buol, Cline, Connors, Jones, Lynch, Michalski. NAYS: None. Council Member Patricia Cline introduced the following Resolution entitled "A RESOLU- TION APPROVING AND AUTHORIZING A FORM OF LOAN AND DISBURSEMENT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA FINANCE AUTHORI- TY, IOWA DEPARTMENT OF NATURAL RE- SOURCES AND WELLS FARGO BANK, N.A., Book 137 Regular Sesison, October 1, 2007 AND AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SECURING THE PAY- MENT OF $1,037,000 WATER REVENUE CAPITAL LOAN NOTES, SERIES 2007, OF THE CITY OF DUBUQUE, IOWA, UNDER THE PROVISIONS OF THE CODE OF IOWA, AND PROVIDING FOR A METHOD OF PAY- MENT OF SAID NOTES", and moved its adoption. Council Member Karla Braig seconded the motion to adopt. The roll was called and the vote was: AYES: Braig, Buol, Cline, Connors, Jones, Lynch, Michalski. NAYS: None. Whereupon the Mayor declared the follow- ing Resolution duly adopted: RESOLUTION NO. 490-07 A RESOLUTION APPROVING AND AU- THORIZING AFORM OF LOAN AND DIS- BURSEMENT AGREEMENT BY AND BE- TWEEN THE CITY OF DUBUQUE, IOWA FINANCE AUTHORITY, IOWA DEPART- MENT OF NATURAL RESOURCES AND WELLS FARGO BANK, N.A., AND AUTHO- RIZING AND PROVIDING FOR THE IS- SUANCE AND SECURING THE PAYMENT OF $1,037,000 WATER REVENUE CAPITAL LOAN NOTES, SERIES 2007, OF THE CITY OF DUBUQUE, IOWA, UNDER THE PROVI- SIONS OF THE CODE OF IOWA, AND PRO- VIDING FOR A METHOD OF PAYMENT OF SAID NOTES WHEREAS, the City Council of the City of Dubuque, Iowa, sometimes hereinafter re- ferred to as the "Issuer", has heretofore estab- lished charges, rates and rentals for services which are and will continue to be collected as system revenues of the municipal water sys- tem, sometimes hereinafter referred to as the "System", and said revenues have not been pledged and are available for the payment of Water Revenue Capital Loan Notes, Series 2007, subject to the following premises; and WHEREAS, Issuer proposes to issue its Water Revenue Capital Loan Notes, Series 2007, to the extent of $1,037,000, for the pur- pose of defraying the costs of the Project as set forth in Section 1 of this Resolution; and, it is deemed necessary and advisable and in the best interests of the City that a form of Loan and Disbursement Agreement by and between the City, the Iowa Finance Authority, the Iowa Department of Natural Resources and Wells Fargo Bank, N.A., be approved and autho- rized; and WHEREAS, the notice of intention of Issu- er to take action for the issuance of $1,037,000 Water Revenue Capital Loan Notes, Series 2007, has heretofore been duly published and no objections to such proposed action have been filed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 333 DUBUQUE, IN THE COUNTY OF DUBUQUE, STATE OF IOWA: Section 1. Definitions. The following terms shall have the following meanings in this Reso- lution unless the text expressly or by neces- sary implication requires otherwise: ~ "Additional Bonds" shall mean any water revenue bonds or notes or other obligations issued on a parity with the Notes in accordance with the provisions of Section 21 hereof. ~ "Agreement" shall mean a Loan and Disbursement Agreement dated as of the Closing between and among the City, the Original Purchaser, the Department and the Trustee relating to the Loan made to the City under the Program; ~ "City Clerk" shall mean the City Clerk or such other officer of the suc- cessor Governing Body as shall be charged with substantially the same duties and responsibilities; ~ "Closing" shall mean the date of delivery of the Note to the Original Purchaser and the funding of the Loan by the Trustee; ~ "Corporate Seal" shall mean the official seal of Issuer adopted by the Governing Body; ~ "Department" shall mean the Iowa Department of Natural Re- sources; ~ "Fiscal Year" shall mean the twelve months' period beginning on July 1 of each year and ending on the last day of June of the following year, or any other consecutive twelve- month period adopted by the Govern- ing Body or by law as the official ac- counting period of the System; pro- vided, that the requirements of a fis- cal year as expressed in this Resolu- tion shall exclude any payment of principal or interest falling due on the first day of the fiscal year and include any payment of principal or interest falling due on the first day of the suc- ceeding fiscal year; ~ "Governing Body" shall mean the Council of the City, or its successor in function with respect to the operation and control of the System; ~ "Independent Auditor" shall mean an independent firm of certified public accountants or the Auditor of State; ~ "Issuer" and "City" shall mean the City of Dubuque, Iowa; ~ "Loan" shall mean the principal amount allocated by the Department to the City under the Program, equal in amount to the principal amount of 334 Regular Session, October 1, 2007 Book 137 the Notes; -Farm Credit System ~ "Net Revenues" shall mean Financial Assistance gross earnings of the System after Corporation deduction of Current Expenses; "Cur- -USDA - Rural Devel- rent Expenses" shall mean and in- opment clude the reasonable and necessary -General Services Ad- cost of operating, maintaining, repair- ministration ing and insuring the System, includ- -U.S. Maritime Adminis- ing purchases at wholesale, if any, tration salaries, wages, and costs of mate- -Small Business Admin- rials and supplies, but excluding de- istration preciation and principal of and inter- -Government National est on the Notes and any Parity Obli- Mortgage Association gations or payments to the various (GNMA) funds established herein; capital -U.S. Department of costs, depreciation and interest or Housing & Urban De- principal payments are not System velopment (PHA's) expenses; -Federal Housing Ad- ~ "Notes" or "Note" shall mean ministration $1,037,000 Water Revenue Capital ~ repurchase agreements Loan Notes, Series 2007, authorized whose underlying collateral to be issued by this Resolution; consists of the investments ~ "Original Purchaser" shall mean set out above if the Issuer the Iowa Finance Authority, as the takes delivery of the colla- purchaser of the Notes from Issuer at teral either directly or the time of their original issuance; through an authorized cus- ~ "Parity Obligations" shall mean todian. Repurchase agree- notes or bonds payable solely from ments do not include re- the Net Revenues of the System on verse repurchase agree- an equal basis with the Notes herein ments; authorized to be issued and shall in- ~ senior debt obligations clude Additional Bonds as authorized rated "AAA" by Standard & to be issued under the terms of this Poor's Corporation (S&P) or Resolution; "Aaa" by Moody's Investors ~ "Paying Agent" shall be the City Service Inc. (Moody's) is- Treasurer, or such successor as may sued by the Federal National be approved by Issuer as provided Mortgage Association or the herein and who shall carry out the du- Federal Home Loan Mort- ties prescribed herein as Issuer's gage Corporation; agent to provide for the payment of ~ U.S. dollar denominated principal of and interest on the Notes deposit accounts, federal as the same shall become due; funds and banker's accep- ~ "Permitted Investments" shall tances with domestic com- mean: mercial banks which have a ~ direct obligations of (in- rating on their short-term cluding obligations issued or certificates of deposit on the held in book entry form on date of purchase of "A-1" or the books of) the Depart- "A-1+" by S&P or "P-1" by ment of the Treasury of the Moody's and maturing no United States of America; more than 360 days after the ~ cash (insured at all date of purchase (ratings on times by the Federal Deposit holding companies are not Insurance Corporation or considered as the rating of otherwise collateralized with the bank); obligations described in the ~ commercial paper which above paragraph); is rated at the time of pur- ~ obligations of any of the chase in the single highest following federal agencies classification, "A-1+" by S&P which obligations represent or "P-1" by Moody's and full faith and credit of the which matures not more United States of America, than 270 days after the date including: of purchase; -Export -Import Bank ~ investments in a money Book 137 Regular Sesison, October 1, 2007 335 market fund rated "AAAm" or "AAAm-G" or better by S&P; ~ pre-refunded Municipal Obligations, defined as any bonds or other obligations of any state of the United States of America or of any agency, instrumentality or local governmental unit of any such state which are not callable at the option of the obligor prior to maturity or as to which irrevocable instruc- tions have been given by the obligor to call on the date specified in the notice; and (a) which are rated, based on an irrevocable escrow account or fund (the "es- crow"), in the highest rating category of S&P or Moody's or any successors thereto; or (b)(i) which are fully se- cured as to principal and in- terest and redemption pre- mium, if any, by an escrow consisting only of cash or di- rect obligations of the De- partment of the Treasury of the United States of Ameri- ca, which escrow may be applied only to the payment of such principal of and in- terest and redemption pre- mium, if any, on such bonds or other obligations on the maturity date or dates the- reof or the specified redemp- tion date or dates pursuant to such irrevocable instruc- tions, as appropriate; and (ii) which escrow is sufficient, as verified by a nationally recognized independent cer- tified public accountant, to pay principal of and interest and redemption premium, if any, on the bonds or other obligations described in this paragraph on the maturity date or dates specified in the irrevocable instructions re- ferred to above, as appro- priate; ~ tax exempt bonds as defined and permitted by section 148 of the Internal Revenue Code and applica- ble regulations and only if rated within the two highest classifications as estab- lished by at least one of the standard rating services ap- proved by the superinten- dent of banking by rule adopted pursuant to chapter 17A Code of Iowa; ~ an investment contract rated within the two highest classifications as estab- lished by at least one of the standard rating services ap- proved by the superinten- dent of banking by rule adopted pursuant to chapter 17A Code of Iowa; and ~ Iowa Public Agency In- vestment Trust. ~ "Program" shall mean the Iowa Drinking Water State Revolving Fund Program undertaken jointly by the Original Purchaser and the Depart- ment; ~ "Project" shall mean the costs of acquisition, construction, reconstruc- tion, extending, remodeling, improv- ing, repairing and equipping of the System, including restoration of two deteriorating concrete clear well sto- rage reservoirs; ~ "Project Fund" shall mean the Loan Account maintained by the Trustee under the Program for the benefit of the Issuer, into which the proceeds of the Loan and the Note shall be allocated and held until dis- bursed to pay Project costs; ~ "Rebate Fund" shall mean the fund so defined in and established pursuant to the Tax Exemption Certif- icate; ~ "Registrar" shall be the City Treasurer, or such successor as may be approved by Issuer as provided herein and who shall carry out the du- ties prescribed herein with respect to maintaining a register of the owners of the Notes. Unless otherwise speci- fied, the Registrar shall also act as Transfer Agent for the Notes; ~ "System" shall mean the munici- pal water utility of the Issuer and all properties of every nature hereinafter owned by the Issuer comprising part of or used as a part of the System, including all water treatment facilities, storage facilities, pumping stations and all related property and im- provements and extensions made by Issuer while any of the Notes or Pari- ty Obligations remain outstanding; all real and personal property; and all appurtenances, contracts, leases, franchises and other intangibles; ~ "Tax Exemption Certificate" shall 336 Regular Session, October 1, 2007 Book 137 mean the Tax Exemption Certificate executed by the Treasurer and deli- vered at the time of issuance and de- livery of the Notes; and ~ "Treasurer" shall mean the City Treasurer or such other officer as shall succeed to the same duties and responsibilities with respect to the re- cording and payment of the Notes is- sued hereunder. ~ "Trustee" shall mean Wells Far- go Bank, National Association, with its principal office located in the City of Des Moines, Iowa, and its succes- sors and any corporation resulting from or surviving any consolidation or merger to which it or its successors may be a party and any successor trustee under the Program. ~ "Yield Restricted" shall mean re- quired to be invested at a yield that is not materially higher than the yield on the Notes under Section 148(a) of the Internal Revenue Code or regulations issued thereunder. Section 2. Authority. The Agreement and the Notes authorized by this Resolution shall be issued pursuant to Sections 384.24A and 384.83 of the Code of Iowa, and in compliance with all applicable provisions of the Constitu- tion and laws of the State of Iowa. The Agree- ment shall be substantially in the form at- tached to this Resolution and is authorized to be executed and issued on behalf of the Issuer by the Mayor and attested by the City Clerk. Section 3. Authorization and Purpose. There are hereby authorized to be issued, negotiable, serial, fully registered Revenue Notes of the City of Dubuque, in the County of Dubuque, State of Iowa, each to be designat- ed as "Water Revenue Capital Loan Note, Series 2007", in the aggregate amount of $1,037,000, for the purpose of paying costs of the Project. The City Council, pursuant to Sec- tion 384.83 of the Code of Iowa, hereby finds and determines that it is necessary and advis- able to issue said Notes authorized by the Agreement and this Resolution. Section 4. Source of Payment. The Notes herein authorized and Parity Obligations and the interest thereon shall be payable solely and only out of the net earnings of the System and shall be a first lien on the future Net Rev- enues of the System. The Notes shall not be general obligations of the Issuer nor shall they be payable in any manner by taxation and the Issuer shall be in no manner liable by reason of the failure of the said Net Revenues to be sufficient for the payment of the Notes. Section 5. Note Details. Water Revenue Capital Loan Notes, Series 2007, of the City in the amount of $1,037,000, shall be issued to evidence the obligations of the Issuer under the Agreement pursuant to the provisions of Section 384.83 of the Code of Iowa for the aforesaid purpose. The Notes shall be desig- nated "WATER REVENUE CAPITAL LOAN NOTE, SERIES 2007", be dated the date of delivery, and bear interest at the rate of 3.0% per annum from the date of each advancement made under the Agreement, until payment thereof, at the office of the Paying Agent, said interest payable on December 1, 2007, and semi-annually thereafter on the 1st day of June and December in each year until maturity as set forth on the Debt Service Schedule at- tached to the Agreement as Exhibit B and in- corporated herein by this reference. As set forth on said Debt Service Schedule, principal shall be payable on June 1, 2009 and annually thereafter on the 1st day of June in the amounts set forth therein until principal and interest are fully paid, except that the final in- stallment of the entire balance of principal and interest, if not sooner paid, shall become due and payable on June 1, 2028. Notwithstanding the foregoing or any other provision hereof, principal and interest shall be payable as shown on said Debt Service Schedule until completion of the Project, at which time the final Debt Service Schedule shall be deter- mined by the Trustee based upon actual ad- vancements, final costs and completion of the Project, all as provided in 567 Iowa Adminis- trative Code, Chapter 92. Payment of principal and interest on the Notes shall at all times conform to said Debt Service Schedule and the rules of the Drinking Water State Revolving Fund Program. The Notes shall be executed by the ma- nual or facsimile signature of the Mayor and attested by the manual or facsimile signature of the Clerk, and impressed or imprinted with the seal of the City and shall be fully registered as to both principal and interest as provided in this Resolution; principal, interest and pre- mium, if any, shall be payable at the office of the Paying Agent by mailing of a check, wire transfer or automated clearing house system transfer to the registered owner of the Note. The Notes may be in the denomination of $1,000 or multiples thereof and shall at the request of the Original Purchaser be initially issued as a single Note in the denomination of $1,037,000 and numbered R-1. Section 6. Initiation Fee and Servicina Fee. In addition to the payment of principal of and interest on the Notes, the Issuer also agrees to pay the Initiation Fee and the Servicing Fee as defined and in accordance with the terms of the Agreement. Section 7. Redemption. The Notes are subject to optional redemption at a price of par plus accrued interest (i) on any interest pay- ment date after the ten (10) year anniversary date of the Agreement or (ii) in the event that Book 137 Regular Sesi all or substantially all of the Project is dam- aged or destroyed. Any optional redemption of the Notes may be made from any funds re- gardless of source, in whole or from time to time in part, in inverse order of maturity, by giving not less than thirty (30) days notice of redemption by certified or registered mail to the Original Purchaser (or any other registered owner of the Note). The terms of redemption shall be par, plus accrued interest to date of call. The Notes are also subject to mandatory redemption as set forth in Section 5 of the Agreement. Section 8. Reaistration of Notes: Appoint- ment of Reaistrar: Transfer: Ownership: Deli- very: and Cancellation. (a) Reaistration. The ownership of Notes may be transferred only by the making of an entry upon the books kept for the registration and transfer of ownership of the Notes, and in no other way. The City Trea- surer is hereby appointed as Note Registrar under the terms of this Resolution. Registrar shall maintain the books of the Issuer for the regis- tration of ownership of the Notes for the payment of principal of and inter- est on the Notes as provided in this Resolution. All Notes shall be negoti- able as provided in Article 8 of the Uniform Commercial Code subject to the provisions for registration and transfer contained in the Notes and in this Resolution. (b) Transfer. The ownership of any Note may be transferred only upon the Registration Books kept for the registration and transfer of Notes and only upon surrender thereof at the office of the Registrar together with an assignment duly executed by the holder or his duly authorized at- torney in fact in such form as shall be satisfactory to the Registrar, along with the address and social security number or federal employer identifi- cation number of such transferee (or, if registration is to be made in the name of multiple individuals, of all such transferees). In the event that the address of the registered owner of a Note (other than a registered owner which is the nominee of the broker or dealer in question) is that of a broker or dealer, there must be dis- closed on the Registration Books the information pertaining to the regis- tered owner required above. Upon the transfer of any such Note, a new fully registered Note, of any denomi- nation or denominations permitted by this Resolution in aggregate principal son, October 1, 2007 337 amount equal to the unmatured and unredeemed principal amount of such transferred fully registered Note, and bearing interest at the same rate and maturing on the same date or dates shall be delivered by the Registrar. (c) Reaistration of Transferred Notes. In all cases of the transfer of the Notes, the Registrar shall register, at the earliest practicable time, on the Registration Books, the Notes, in ac- cordance with the provisions of this Resolution. (d) Ownership. As to any Note, the person in whose name the own- ership of the same shall be registered on the Registration Books of the Re- gistrar shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of or on ac- count of the principal of any such Notes and the premium, if any, and interest thereon shall be made only to or upon the order of the registered owner thereof or his legal representa- tive. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Note, including the interest thereon, to the extent of the sum or sums so paid. (e) Cancellation. All Notes which have been redeemed shall not be reissued but shall be cancelled by the Registrar. All Notes which are cancelled by the Registrar shall be destroyed and a Certificate of the de- struction thereof shall be furnished promptly to the Issuer; provided that if the Issuer shall so direct, the Regi- strar shall forward the cancelled Notes to the Issuer. (f) Non-Presentment of Notes. In the event any payment check representing payment of principal of or interest on the Notes is returned to the Paying Agent or if any note is not presented for payment of principal at the maturity or redemption date, if funds sufficient to pay such principal of or interest on Notes shall have been made available to the Paying Agent for the benefit of the owner the- reof, all liability of the Issuer to the owner thereof for such interest or payment of such Notes shall forthwith cease, terminate and be completely discharged, and thereupon it shall be the duty of the Paying Agent to hold such funds, without liability for inter- est thereon, for the benefit of the owner of such Notes who shall the- reafter be restricted exclusively to such funds for any claim of whatever 338 Regular Session, October 1, 2007 Book 137 nature on his part under this Resolu- tion or on, or with respect to, such in- terest or Notes. The Paying Agent's obligation to hold such funds shall continue fora period equal to two years and six months following the date on which such interest or prin- cipal became due, whether at maturi- ty, or at the date fixed for redemption thereof, or otherwise, at which time the Paying Agent, shall surrender any remaining funds so held to the Issuer, whereupon any claim under this Res- olution by the Owners of such interest or Notes of whatever nature shall be made upon the Issuer. Section 9. Reissuance of Mutilated. De- stroyed. Stolen or Lost Notes. In case any outstanding Note shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the request of Registrar authenticate and deliver a new Note of like tenor and amount as the Note so mutilated, destroyed, stolen or lost, in ex- change and substitution for such mutilated Note to Registrar, upon surrender of such mu- tilated Note, or in lieu of and substitution for the Note destroyed, stolen or lost, upon filing with the Registrar evidence satisfactory to the Registrar and Issuer that such Note has been destroyed, stolen or lost and proof of owner- shipthereof, and upon furnishing the Registrar and Issuer with satisfactory indemnity and complying with such other reasonable regula- tions as the Issuer or its agent may prescribe and paying such expenses as the Issuer may incur in connection therewith. Section 10. Record Date. Payments of principal and interest, otherwise than upon full redemption, made in respect of any Note, shall be made to the registered holder thereof or to their designated Agent as the same appear on the books of the Registrar on the 15th day of the month preceding the payment date. All such payments shall fully discharge the obliga- tions of the Issuer in respect of such Notes to the extent of the payments so made. Section 11.Execution. Authentication and Delivery of the Notes. Upon the adoption of this Resolution, the Mayor and City Clerk shall execute and deliver the Notes to the Registrar, who shall authenticate the Notes and deliver the same to or upon order of the Original Pur- chaser. No Note shall be valid or obligatory for any purpose or shall be entitled to any right or benefit hereunder unless the Registrar shall duly endorse and execute on such Note a Cer- tificate of Authentication substantially in the form of the Certificate herein set forth. Such Certificate upon any Note executed on behalf of the Issuer shall be conclusive evidence that the Note so authenticated has been duly is- sued under this Resolution and that the holder thereof is entitled to the benefits of this Reso- lution. Section 12. Riaht to Name Substitute Pav- ina Aaent or Reaistrar. Issuer reserves the right to name a substitute, successor Registrar or Paying Agent upon giving prompt written notice to each registered noteholder. Section 13. Form of Note. Notes shall be printed in substantial compliance with stan- dards proposed by the American Standards Institute substantially in the form as [provided]. Interest and principal shall be paid to the registered holder of the Note as shown on the records of ownership maintained by the Regi- strar as of the 15th day of the month next pre- ceding such interest payment date. Interest shall be computed on the basis of a 360-day year of twelve 30-day months. This Note is issued pursuant to the provi- sions of Section 384.83 of the Code of Iowa, for the purpose of paying costs of acquisition, construction, reconstruction, extending, re- modeling, improving, repairing and equipping all or part of the System, including restoration of two deteriorating concrete clear well storage reservoirs, and evidences amounts payable under a certain Loan and Disbursement Agreement dated as of the date hereof, in con- formity to a Resolution of the City Council of said City duly passed and approved. For a complete statement of the revenues and funds from which and the conditions under which this Note is payable, a statement of the conditions under which additional notes or bonds of equal standing may be issued, and the general co- venants and provisions pursuant to which this Note is issued, reference is made to the above-described Loan and Disbursement Agreement and Resolution. This Note is subject to optional redemption at a price of par plus accrued interest (i) on any interest payment date after the ten (10) year anniversary date of the Loan and Dis- bursement Agreement and this Note or (ii) in the event that all or substantially all of the Project is damaged or destroyed. Any optional redemption of this Note may be made from any funds regardless of source, in whole or from time to time in part, in inverse order of maturity, by lot by giving thirty (30) days notice of redemption by certified or registered mail, to the Iowa Finance Authority (or any other regis- tered owner of the Note). This Note is also subject to mandatory redemption as set forth in Section 5 ofthe Agreement. Ownership of this Note may be transferred only by transfer upon the books kept for such purpose by the City Treasurer, Dubuque, Iowa the Registrar. Such transfer on the books shall occur only upon presentation and surrender of this Note at the office of the Registrar, together with an assignment duly executed by the own- er hereof or his duly authorized attorney in the form as shall be satisfactory to the Registrar. Book 137 Regular Sesison, October 1, 2007 Issuer reserves the right to substitute the Re- gistrar and Paying Agent but shall, however, promptly give notice to registered Noteholders of such change. All Notes shall be negotiable as provided in Article 8 of the Uniform Com- mercial Code and subject to the provisions for registration and transfer contained in the Note Resolution. This Note and the series of which it forms a part, and any additional obligations which may be hereafter issued and outstanding from time to time on a parity with said Notes, as provided in the Resolution and Loan and Disbursement Agreement of which notice is hereby given and which are hereby made a part hereof, are pay- able from and secured by a pledge of the net revenues of the municipal water utility (the "System"), as defined and provided in said Resolution. There has heretofore been estab- lished and the City covenants and agrees that it will maintain just and equitable rates or charges for the use of and service rendered by said System in each year for the payment of the proper and reasonable expenses of opera- tion and maintenance of said System and for the establishment of a sufficient sinking fund to meet the principal of and interest on this series of Notes, and other obligations ranking on a parity therewith, as the same become due. This Note is not payable in any manner by taxation and under no circumstances shall the City be in any manner liable by reason of the failure of said net earnings to be sufficient for the payment hereof. And it is hereby represented and certified that all acts, conditions and things requisite, according to the laws and Constitution of the State of Iowa, to exist, to be had, to be done, or to be performed precedent to the lawful issue of this Note, have been existent, had, done and performed as required by law. Section 14. Eaualitv of Lien. The timely payment of principal of and interest on the Notes and Parity Obligations shall be secured equally and ratably by the revenues of the System without priority by reason of number or time of sale or delivery; and the revenues of the System are hereby irrevocably pledged to the timely payment of both principal and inter- est as the same become due. Section 15. Application of Note Proceeds - Proiect Fund. Proceeds of the Notes shall be credited to the Project Fund and expended there from for the purposes of issuance. Any amounts on hand in the Project Fund shall be available for the payment of the principal of or interest on the Notes at any time that other funds of the System shall be insufficient to the purpose, in which event such funds shall be repaid to the Project Fund at the earliest op- portunity. Any balance on hand in the Project Fund and not immediately required for its pur- poses may be invested not inconsistent with 339 limitations provided by law, the Internal Reve- nue Code and this Resolution. Section 16. User Rates. There has hereto- fore been established and published as re- quired by law, just and equitable rates or charges for the use of the service rendered by the System. Said rates or charges shall be paid by the owner of each and every lot, parcel of real estate, or building that is connected with and uses the System, by or through any part of the System or that in any way uses or is served by the System. Any revenue paid and collected for the use of the System and its services by the Issuer or any department, agency or instrumentality of the Issuer shall be used and accounted for in the same manner as any other revenues de- rived from the operations of the System. Section 17. Application of Revenues. From and after the delivery of any Notes, and as long as any of the Notes or Parity Obligations shall be outstanding and unpaid either as to principal or as to interest, or until all of the Notes and Parity Obligations then outstanding shall have been discharged and satisfied in the manner provided in this Resolution, the entire income and revenues of the System shall be deposited as collected in a fund to be known as the Water Revenue Fund (the "Revenue Fund"), and shall be disbursed only as follows: (a) Operation and Maintenance Fund. Money in the Revenue Fund shall first be disbursed to make depo- sits into a separate and special fund to pay current expenses. The fund shall be known as the Water Utility Operation and Maintenance Fund (the "Operation and Maintenance Fund"). There shall be deposited in the Operation and Maintenance Fund each month an amount sufficient to meet the current expenses of the month plus an amount equal to 1/12th of expenses payable on an annual basis such as insurance. After the first day of the month, further deposits may be made to this account from the Revenue Fund to the extent neces- sary to pay current expenses accrued and payable to the extent that funds are not available in the Surplus Fund. (b) Sinkina Fund. Money in the Revenue Fund shall next be dis- bursed to make deposits into a sepa- rate and special fund to pay principal of and interest on the Notes and Pari- ty Obligations. The fund shall be known as the Water Revenue Note Principal and Interest Sinking Fund (the "Sinking Fund"). The required amount to be deposited in the Sinking Fund in any month shall be an amount equal to 1/6th of the install- 340 Regular Session, October 1, 2007 Book 137 ment of interest coming due on the next interest payment date on the then outstanding Notes and Parity Obligations, plus 1/12th of the in- stallment of principal coming due on such Notes on the next succeeding principal payment date until the full amount of such installment is on hand. If for any reason the amount on hand in the Sinking Fund exceeds the required amount, the excess shall forthwith be withdrawn and paid into the Revenue Fund. Money in the Sinking Fund shall be used solely for the purpose of paying principal of and interest on the Notes and Parity Obli- gations as the same shall become due and payable. (c) Subordinate Obliaations. Money in the Revenue Fund may next be used to pay principal of and interest on (including reasonable re- serves therefore) any other obliga- tions which by their terms shall be payable from the revenues of the System, but subordinate to the Notes and Parity Obligations, and which have been issued for the purposes of extensions and improvements to the System or to retire the Notes or Parity Obligations in advance of maturity, or to pay for extraordinary repairs or re- placements to the System. (d) Surplus Revenue. All money thereafter remaining in the Revenue Fund at the close of each month may be deposited in any of the funds created by this Resolution, to pay for extraordinary repairs or replacements to the System, or may be used to pay or redeem the Notes or Parity Obliga- tions, any of them, or for any lawful purpose. Money in the Revenue Fund shall be allot- ted and paid into the various funds and ac- counts hereinbefore referred to in the order in which said funds are listed, on a cumulative basis on the 10th day of each month, or on the next succeeding business day when the IOth shall not be a business day; and if in any month the money in the Revenue Fund shall be insufficient to deposit or transfer the re- quired amount in any of said funds or ac- counts, the deficiency shall be made up in the following month or months after payments into all funds and accounts enjoying a prior claim to the revenues shall have been met in full. Section 18. Investments. The funds pro- vided by this Resolution may be invested only in Permitted Investments or deposited in finan- cial institutions which are members of the Federal Deposit Insurance Corporation and the deposits in which are insured thereby and all such deposits exceeding the maximum amount insured from time to time by FDIC or its equivalent successor in any one financial institution shall be continuously secured by a valid pledge of direct obligations of the United States Government having an equivalent mar- ket value. All such interim investments shall mature before the date on which the moneys are required for the purposes for which said fund was created or otherwise as herein pro- vided. The provisions of this Section shall not be construed to require the Issuer to maintain separate bank accounts for the funds created by this Section; except the Sinking Fund shall be maintained in a separate account but may be invested in conjunction with other funds of the City but designated as a trust fund on the books and records of the City. All income derived from such investments shall be deposited in the Revenue Fund and shall be regarded as revenues of the System. Investments shall at any time necessary be liquidated and the proceeds thereof applied to the purpose for which the respective fund was created. Section 19. Covenants Reaardina the Op- eration of the Svstem. The Issuer hereby co- venants and agrees with each and every hold- er of the Notes and Parity Obligations: (a) Maintenance and Efficiency. The Issuer will maintain the System in good condition and operate it in an ef- ficient manner and at reasonable cost. (b) Sufficiency of Rates. On or before the beginning of each Fiscal Year the Governing Body will adopt or continue in effect rates for all ser- vices rendered by the System deter- mined to be sufficient to produce Net Revenues for the next succeeding Fiscal Year which are (i) adequate to pay the principal and interest re- quirements thereof and to create or maintain the reserves as provided in this Resolution, and (ii) not less than 110 percent of the principal and inter- est requirements of the next succeed- ing Fiscal Year. No free use of the System by the Issuer or any depart- ment, agency or instrumentality of the Issuer shall be permitted except upon the determination of the Governing Body that the rates and changes oth- erwise in effect are sufficient to pro- vide Net Revenues at least equal to the requirements of this subsection. (c) Insurance. The Issuer shall maintain insurance for the benefit of the Noteholders on the insurable por- tions of the System of a kind and in an amount which normally would be carried by private companies en- Book 137 Regular Sesison, October 1, 2007 341 gaged in a similar kind of business. proceeds of the Notes or Parity Obli- The proceeds of any insurance, ex- gations shall not be used to pay prin- cept public liability insurance, shall be cipal or interest on the Notes and used to repair or replace the part or Parity Obligations or for payments in- parts of the System damaged or de- to the Sinking Fund. stroyed, or if not so used shall be (g) Fidelity Bond. That the Issu- placed in an improvement fund for the er shall maintain fidelity bond cover- benefit of the System. age in amounts which normally would (d) Accountina and Audits. The be carried by private companies en- Issuer will cause to be kept proper gaged in a similar kind of business on books and accounts adapted to the each officer or employee having cus- System and in accordance with gen- tody of funds of the System. erally accepted accounting practices (h) Additional Charaes. The (s- and will diligently act to cause the suer will require proper connecting books and accounts to be audited charges and/or other security for the and reported upon by an Independent payment of service charges. Auditor and will provide copies of the (i) Budaet. The Governing audit report to the Department, all as Body of the Issuer shall approve and provided in the Agreement. The De- conduct operations pursuant to a sys- partment, Original Purchaser and tem budget of revenues and current holders of any of the Notes and Parity expenses for each Fiscal Year. Such Obligations shall have at all reasona- budget shall take into account reve- ble times the right to inspect the Sys- Hues and current expenses during the tem and the records, accounts and current and last preceding Fiscal data of the Issuer relating thereto. Years. Copies of such budget and (e) State Laws. The Issuer will any amendments thereto shall be faithfully and punctually perform all mailed to the Original Purchaser and duties with reference to the System to the Noteholders upon request. required by the Constitution and laws (j) Loan and Disbursement of the State of Iowa, including the Aareement. The Issuer will comply making and collecting of reasonable with the terms and conditions of the and sufficient rates for services ren- Loan and Disbursement Agreement dered by the System as above pro- and perform as provided there under. vided, and will segregate the reve- Section 20. Remedies of Noteholders. Ex- nues of the System and apply said cept as herein expressly limited the holder or revenues to the funds specified in this holders of the Notes and Parity Obligations Resolution. shall have and possess all the rights of action (f) Property. The Issuer will not and remedies afforded by the common law, sell, lease, mortgage or in any man- the Constitution and statutes of the State of Her dispose of the System, or any Iowa, and of the United States of America, for capital part thereof, including any and the enforcement of payment of their Notes and all extensions and additions that may interest thereon, and of the pledge of the reve- be made thereto, until satisfaction Hues made hereunder, and of all covenants of and discharge of all of the Notes and the Issuer hereunder. Parity Obligations shall have been Section 21. Prior Lien and Parity Obliaa- provided for in the manner provided tions. The Issuer will issue no other notes, in this Resolution; provided, however, bonds or obligations of any kind or nature pay- this covenant shall not be construed able from or enjoying a lien or claim on the to prevent the disposal by the Issuer property or revenues of the System having of property which in the judgment of priority over the Notes or Parity Obligations. its Governing Body has become in- Additional Bonds may be issued on a parity expedient or unprofitable to use in and equality of rank with the Notes with re- connection with the System, or if it is spect to the lien and claim of such additional to the advantage of the System that obligations to the revenues of the System and other property of equal or higher val- the money on deposit in the funds adopted by ue be substituted therefore, and pro- this Resolution, for the following purposes and vided further that the proceeds of the under the following conditions, but not other- disposition of such property shall be wise: placed in a revolving fund to be used (a) For the purpose of refunding in preference to other sources for any of the Notes or Parity Obligations capital improvements to the System. which shall have matured or which Any such proceeds of the disposition shall mature not later than three of property acquired with the months after the date of delivery of 342 Regular Session, October 1, 2007 Book 137 such refunding obligation and for the as the Notes herein autho- payment of which there shall be insuf- rized. ficient money in the Sinking Fund; (iii) for the purposes of (b) For the purpose of making this Section, principal and in- extensions, additions, improvements terest falling due on the first or replacements to the System, or re- day of a Fiscal Year shall be funding any outstanding Notes, Parity deemed a requirement of Obligations or other obligations is- the immediately preceding sued for such extensions, additions Fiscal Year. and improvements, if all of the follow- (iv) for the purposes of ing conditions shall have been met: this Section, general obliga- (i) before any such tion bonds or notes shall be Additional Bonds ranking on refunded only upon a finding a parity are issued, there will of necessity by the Govern- have been procured and ing Body and only to the ex- filed with the Clerk, astate- tent the general obligation ment of an Independent Au- bonds or notes were issued ditor, not a regular employee or the proceeds thereof were of the Issuer, reciting the expended for the System. opinion based upon neces- (v) for purposes of this sary investigations that the Section, "preceding Fiscal Net Revenues of the System Year" shall be the most re- forthe preceding Fiscal Year Gently completed Fiscal Year (with adjustments as herei- for which audited financial Wafter provided) were equal statements prepared by a to at least 1.10 times the certified public accountant maximum amount that will are issued and available, but be required in any Fiscal in no event a Fiscal Year Year prior to the longest ma- which ended more than turity of any of the then out- eighteen months prior to the standing Notes or Parity Ob- date of issuance of the Addi- ligations for both principal of tional Bonds. and interest on all Notes or Section 22. Disposition of Proceeds: Arbi- Parity Obligations then out- traae Not Permitted. The Issuer reasonably standing which are payable expects and covenants that no use will be from the net earnings of the made of the proceeds from the issuance and System and the Additional sale of the Notes issued hereunder which will Bonds then proposed to be cause any of the Notes to be classified as arbi- issued. trage bonds within the meaning of Section For the purpose of 148(a) and (b) of the Internal Revenue Code of determining the Net Reve- the United States, and that throughout the Hues of the System for the term of said Notes it will comply with the re- preceding Fiscal Year as quirements of said statute and regulations aforesaid, the amount of the issued there under. gross revenues for such To the best knowledge and belief of the Is- year may be adjusted by an suer, there are no facts or circumstances that independent consulting en- would materially change the foregoing state- gineer or by the Independent ments or the conclusion that it is not expected Auditor, so as to reflect any that the proceeds of the Notes will be used in a changes in the amount of manner that would cause the Notes to be arbi- such revenues which would trage bonds. Without limiting the generality of have resulted had any revi- the foregoing, the Issuer hereby agrees to sion of the schedule of rates comply with the provisions of the Tax Exemp- or charges imposed at or tion Certificate and the provisions of the Tax prior to the time of the is- Exemption Certificate are hereby incorporated suance of any such Addi- by reference as part of this Resolution. The tional Bonds been in effect City Treasurer is hereby directed to make and during all of such preceding insert all calculations and determinations ne- Fiscal Year. cessary to complete the Tax Exemption Certif- (ii) the Additional icate in all respects and to execute and deliver Bonds must be payable as the Tax Exemption Certificate at issuance of to principal and as to interest the Notes to certify as to the reasonable expec- on the same month and day tations and covenants of the Issuer at that date. Book 137 Regular Sesison, October 1, 2007 The Issuer covenants that it will treat as Yield Restricted any proceeds of the Notes remaining unexpended after three years from the issuance and any other funds required by the Tax Exemption Certificate to be so treated. If any investments are held with respect to the Notes and Parity Obligations, the Issuer shall treat the same for the purpose of restricted yield as held in proportion to the original prin- cipal amounts of each issue. The Issuer covenants that it will exceed any investment yield restriction provided in this Resolution only in the event that it shall first obtain an opinion of recognized bond counsel that the proposed investment action will not cause the Notes to be classified as arbitrage bonds under Section 148(a) and (b) the Inter- nal Revenue Code or regulations issued there under. The Issuer covenants that it will proceed with due diligence to spend the proceeds of the Notes for the purpose set forth in this Res- olution. The Issuer further covenants that it will make no change in the use of the proceeds available for the construction of facilities or change in the use of any portion of the facili- ties constructed there from by persons other than the Issuer or the general public unless it has obtained an opinion of bond counsel or a revenue ruling that the proposed project or use will not be of such character as to cause inter- est on any of the Notes not to be exempt from federal income taxes in the hands of holders other than substantial users of the project, under the provisions of Section 142(a) of the Internal Revenue Code of the United States, related statutes and regulations. Section 23. Additional Covenants. Reore- sentations and Warranties of the Issuer. The Issuer certifies and covenants with the pur- chasers and holders of the Notes from time to time outstanding that the Issuer through its officers, (a) will make such further specific covenants, representations and assurances as may be necessary or advisable; (b) comply with all representations, covenants and assur- ances contained in the Tax Exemption Certifi- cate, which Tax Exemption Certificate shall constitute a part of the contract between the Issuer and the owners of the Notes; (c) consult with bond counsel (as defined in the Tax Ex- emption Certificate); (d) pay to the United States, as necessary, such sums of money representing required rebates of excess arbi- trage profits relating to the Notes; (e) file such forms, statements and supporting documents as may be required and in a timely manner; and (f) if deemed necessary or advisable by its officers, to employ and pay fiscal agents, fi- nancial advisors, attorneys and other persons to assist the Issuer in such compliance. Section 24. Amendment of Resolution to Maintain Tax Exemption. This Resolution may 343 be amended without the consent of any owner of the Notes if, in the opinion of bond counsel, such amendment is necessary to maintain tax exemption with respect to the Notes under applicable Federal law or regulations. Section 25. Qualified Tax-Exempt Obliaa- tions. For the sole purpose of qualifying the Note as "Qualified Tax-Exempt Obligations" pursuant to Section 265(b) of the Internal Rev- enue Code of the United States, as amended, the Issuer designates the Note as qualified tax-exempt obligations and represents that the reasonably anticipated amount of tax-exempt governmental and Internal Revenue Code Section 501(c)3 obligations which will be is- sued during the current calendar year will not exceed Ten (10) Million Dollars. Section 26. Discharae and Satisfaction of Notes. The covenants, liens and pledges en- tered into, created or imposed pursuant to this Resolution may be fully discharged and satis- fied with respect to the Notes and Parity Obli- gations, or any of them, in any one or more of the following ways: (a) By paying the Notes or Pari- ty Obligations when the same shall become due and payable; and (b) By depositing in trust with the City Treasurer, or with a corpo- rate trustee designated by the Go- verning Body, for the payment of said obligations and irrevocably appro- priated exclusively to that purpose an amount in cash or direct obligations of the United States the maturities and income of which shall be suffi- cient to retire at maturity, or by re- demption prior to maturity on a desig- nated date upon which said obliga- tions may be redeemed, all of such obligations outstanding at the time, together with the interest thereon to maturity or to the designated redemp- tion date, premiums thereon, if any that may be payable on the redemp- tion of the same; provided that proper notice of redemption of all such obli- gations to be redeemed shall have been previously published or provi- sions shall have been made for such publication. Upon such payment or deposit of money or securities, or both, in the amount and manner provided by this Section, all liability of the Is- suer with respect to the Notes or Obligations shall cease, determine and be completely dis- charged, and the holders thereof shall be en- titled only to payment out of the money or se- curities so deposited. Section 27. Resolution a Contract. The provisions of this Resolution shall constitute a contract between the Issuer and the holder or holders of the Notes and Parity Obligations, 344 Regular Session, October 1, 2007 Book 137 and after the issuance of any of the Notes no change, variation or alteration of any kind in the provisions of this Resolution shall be made in any manner, except as provided in the next succeeding Section, until such time as all of the Notes and Parity Obligations, and interest due thereon, shall have been satisfied and discharged as provided in this Resolution. Section 28. Amendment of Resolution Without Consent. The Issuer may, without the consent of or notice to any of the holders of the Bonds and Parity Obligations, amend or supplement this Resolution for any one or more of the following purposes: (a) to cure any ambiguity, defect, omission or inconsistent provision in this Resolution or in the Notes or Parity Obligations; or to comply with any ap- plicable provision of law or regulation of federal or state agencies; provided, however, that such action shall not ma- terially adversely affect the interests of the holders of the Notes or Parity Obli- gations; (b) to change the terms or provisions of this Resolution to the extent neces- sary to prevent the interest on the Notes or Parity Obligations from being includ- able within the gross income of the holders thereof for federal income tax purposes; (c) to grant to or confer upon the hold- ers of the Notes or Parity Obligations any additional rights, remedies, powers or authority that may lawfully be granted to or conferred upon the holders of the Notes; (d) to add to the covenants and agreements of the Issuer contained in this Resolution other covenants and agreements of, or conditions or restric- tions upon, the Issuer or to surrender or eliminate any right or power reserved to or conferred upon the Issuer in this Resolution; or (e) to subject to the lien and pledge of this Resolution additional pledged reve- nues as may be permitted by law. Section 29. Amendment of Resolution Re- auirina Consent. This Resolution may be amended from time to time if such amendment shall have been consented to by holders of not less than two-thirds in principal amount of the Notes and Parity Obligations at any time out- standing (not including in any case any Notes which may then be held or owned by or for the account of the Issuer, but including such Re- funding Obligations as may have been issued for the purpose of refunding any of such Notes if such Refunding Obligations shall not then be owned by the Issuer); but this Resolution may not be so amended in such manner as to: (a) Make any change in the maturity or interest rate of the Notes, or modify the terms of payment of principal of or interest on the Notes or any of them or impose any conditions with respect to such payment; (b) Materially affect the rights of the holders of less than all of the Notes and Parity Obligations then outstand- ing; and (c) Reduce the percentage of the principal amount of Notes, the con- sent of the holders of which is re- quired to effect a further amendment. Whenever the Issuer shall propose to amend this Resolution under the provisions of this Section, it shall cause notice of the pro- posed amendment to be filed with the Original Purchaser and to be mailed by certified mail to each registered owner of any Note as shown by the records of the Registrar. Such notice shall set forth the nature of the proposed amendment and shall state that a copy of the proposed amendatory Resolution is on file in the office of the City Clerk. Whenever at any time within one year from the date of the mailing of said notice there shall be filed with the City Clerk an instrument or instruments executed by the holders of at least two-thirds in aggregate principal amount of the Notes then outstanding as in this Sec- tion defined, which instrument or instruments shall refer to the proposed amendatory Reso- lution described in said notice and shall specif- ically consent to and approve the adoption thereof, thereupon, but not otherwise, the Go- verning Body of the Issuer may adopt such amendatory Resolution and such Resolution shall become effective and binding upon the holders of all of the Notes and Parity Obliga- tions. Any consent given by the holder of a Note pursuant to the provisions of this Section shall be irrevocable for a period of six months from the date of the instrument evidencing such consent and shall be conclusive and binding upon all future holders of the same Note dur- ing such period. Such consent may be revoked at any time after six months from the date of such instrument by the holder who gave such consent or by a successor in title by filing no- tice of such revocation with the City Clerk. The fact and date of the execution of any instrument under the provisions of this Section may be proved by the certificate of any officer in any jurisdiction who by the laws thereof is authorized to take acknowledgments of deeds within such jurisdiction that the person signing such instrument acknowledged before him the execution thereof, or may be proved by an affidavit of a witness to such execution sworn to before such officer. The amount and numbers of the Notes held by any person executing such instrument Book 137 Regular Sesison, October 1, 2007 and the date of his holding the same may be proved by an affidavit by such person or by a certificate executed by an officer of a bank or trust company showing that on the date therein mentioned such person had on deposit with such bank or trust company the Notes de- scribed in such certificate. Notwithstanding anything in this Section to the contrary, the holder or holders of 100% of the Notes and Parity Obligations may consent to any amendment of this Resolution, or waive any notices required hereunder, on such terms and under such conditions as said holders shall determine to be appropriate. Section 30. Severabilitv. If any section, pa- ragraph, or provision of this Resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions. Section 31. Repeal of Conflictina Ordin- ances or Resolutions and Effective Date. All other Ordinances, Resolutions and orders, or parts thereof, in conflict with the provisions of this Resolution are, to the extent of such con- flict, hereby repealed; and this Resolution shall be in effect from and after its adoption. Section 32. Rule of Construction. This Resolution and the terms and conditions of the Notes authorized hereby shall be construed whenever possible so as not to conflict with the terms and conditions of the Loan and Dis- bursement Agreement. In the event such con- struction is not possible, or in the event of any conflict or inconsistency between the terms hereof and those of the Loan and Disburse- ment Agreement, the terms of the Loan and Disbursement Agreement shall prevail and be given effect to the extent necessary to resolve any such conflict or inconsistency. Passed and approved this 1St day of Octo- ber, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Civil Service Commission: Civil Service Commission submitting the certified lists for the positions of Equipment Operator I and Public Safety Dispatcher. Upon motion the documents were received and filed and made a Matter of Record. September 11, 2007 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 2007 Code of Iowa, an examination for the position of Equipment Operator I was given on August 29, 2007. We hereby certify that the individu- als listed below have passed this written ex- amination and the vacancy for this position should be made from this list and that this list is good for two (2) years from above date. 345 EQUIPMENT OPERATOR I Steven T. Christ Paul A. Herman William P. Gansen Ray Behnke Robert E. Boge Jeff Steuer Gary L. Valentine Chris L. Kloft Jim R. Powers Wayne M. Ries Respectfully submitted, Merle Duehr, Chairperson, Loras Kluesner, Paula Gieseman, Civil Service Commission September 11, 2007 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 2007 Code of Iowa, an examination for the position of Public Safety Dispatcher was conducted on August 23, 2007. We hereby certify that the individuals listed below have passed this writ- ten examination and the vacancy for this posi- tion should be made from this list and that this list is good for two (2) years from above date. PUBLIC SAFETY DISPATCHER Jodi M. Chapman Brenda J. Hernandez Jennifer J. Snyder Respectfully submitted, Merle Duehr, Chairperson, Loras Kluesner, Paula Gieseman, Civil Service Commission Asbury Road Eastbound Lane Widening Project: City Manager recommending accep- tance of the Asbury Road Eastbound Lane Widening Project as completed by Horsfield Construction, Inc., in the final contract amount of $208,337.38. Upon motion the documents were received and filed and Resolution No. 491-07 Accepting the Asbury Road Eastbound Lane Widening Project and authorizing pay- ment of the contract amount to the contractor was adopted. RESOLUTION NO. 491-07 ACCEPTING THE ASBURY ROAD EAST- BOUND LANE WIDENING PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRAC- TOR Whereas, the Public Improvement Contract for the Asbury Road Eastbound Lane Widen- ing Project (the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 346 Regular Session, October 1, 2007 Book 137 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 Wal- Mart Funds, Plastic Center Inc. Funds and the Right-Turn Lane Asbury-Northwest Arterial Funds appropriation for the contract amount of $208,337.38 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. Passed, approved and adopted this 1St day of October, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Federal Building Sidewalk Replacement Project: City Manager recommending approval of a contract with Portzen Construction, Inc. in the amount of $81,877.50 for the Federal Building Sidewalk Replacement Project. Upon motion the documents were received, filed, and approved. will increase traffic flow, thereby reducing ve- hicle emissions caused by vehicle delay; and Whereas, the Iowa Department of Trans- portation provides, on a competitive basis, funds for transportation projects that address congestion problems and provide air quality improvements; and Whereas, the City of Dubuque is willing to commit the necessary local matching funding for project implementation and upon comple- tion, in cooperation with the Iowa Department of Transportation, be responsible for ade- quately maintaining and operating the project for public use during the project's useful life. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The City makes application to the Iowa Department of Transportation for funds through the Iowa Clean Air Attainment Program to fund the traffic signal improve- ments at the US 151/61 at US 52 and US 151/61 at Maquoketa Drive intersections. Passed, adopted and approved this 1St day of October, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Iowa Clean Air Attainment Program (ICAAP) Grant Application: City Manager re- commending approval to submit an application to the Iowa Department of Transportation (Iowa DOT) for Iowa Clean Air Attainment Program (ICAAP) funding for the City of Dubu- que US 151/61 at US 52 and US 151/61 at Maquoketa Drive Traffic Signalization Project. Upon motion the documents were received and filed and Resolution No. 492-07 Authoriz- ing the filing of an application with the Iowa Department of Transportation for Iowa Clean Air Attainment Program (ICAA) funding of City of Dubuque US Highway 151/61 at US 52 and US Highway 151/61 at Maquoketa Drive traffic signalization improvement project was adopted. RESOLUTION NO. 492-07 RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE IOWA DE- PARTMENT OF TRANSPORTATION FOR IOWA CLEAN AIR ATTAINMENT PROGRAM (ICAAP) FUNDING OF CITY OF DUBUQUE US HIGHWAY 151/61 at US 52 AND US HIGHWAY 151/61 AT MAQUOKETA DRIVE TRAFFIC SIGNALIZATION IMPROVEMENT PROJECT Whereas, traffic congestion problems oc- cur at the intersections of US Highway 151/61 at US 52 and at US Highway 151/61 at Maqu- oketa Drive in the City of Dubuque that could be improved by traffic signal improvements; and Whereas, the City of Dubuque has deter- mined that improvements to this intersection Consultant Selection -North Fork Catfish Creek: City Manager recommending approval to negotiate and enter into a contract with IIW Engineers & Surveyors, PC for the design of the North Fork Catfish Creek Sanitary and Stormwater Drainage Improvements Project. Upon motion the documents were received, filed, and approved. Bell Street Widening -Purchase of Right- of-Way: City Manager recommending approval of the acquisition plat and acceptance of the proposed right-of-way dedication and sidewalk and sprinkler system easement as part of the Bell Street Widening Project. Upon motion the documents were received and filed and Reso- lution No. 493-07 Approving the acquisition plat of Lot 1A of Adams Company's 1St Addi- tion and Lot 3A of Adams Company's 2nd Addi- tion in the City of Dubuque, Dubuque County, Iowa, and accepting the dedication of right-of- way for Bell Street was adopted. RESOLUTION NO. 493-07 A RESOLUTION APPROVING THE ACQUI- SITION PLAT OF LOT 1A OF ADAMS COM- PANY'S 1ST ADDITION AND LOT 3A OF ADAMS COMPANY'S 2ND ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA, AND ACCEPTING THE DEDICATION OF RIGHT-OF-WAY FOR BELL STREET Whereas, the City of Dubuque entered in an agreement with Diamond Jo, LLC, pursuant to which they agreed to survey, plat, and dedi- cate right-of-way along the west side of Bell Book 137 Regular Sesison, October 1, 2007 Street to the City of Dubuque; and Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, an Acquisition Plat of Lot 1A of Adams Compa- ny's 1St Addition and Lot 3A of Adams Compa- ny's 2nd Addition in the City of Dubuque, Iowa, prepared by IIW Engineers & Surveyors, PC; and Whereas, upon said Acquisition Plat of Lot 1A of Adams Company's 1St Addition and Lot 3A of Adams Company's 2nd Addition in the City of Dubuque, Dubuque County, Iowa, ap- pears right-of-way and an easement for public sidewalk and sprinkler system, which the own- er, by said Acquisition Plat, has dedicated to the public forever; and Whereas, the Acquisition Plat conforms to the laws and statues pertaining thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Lot 1A of Adams Company's 1St Addition and Lot 3A of Adams Company's 2nd Addition in the City of Dubuque, Dubuque County, Iowa, for right-of- way and easement for public sidewalk and sprinkler system as they appear upon said Acquisition Plat, be and the same are hereby accepted. Section 2. That the Acquisition Plat is he- reby approved, and the Mayor and City Clerk are hereby authorized and directed to execute the Plat for and on behalf of the City of Dubu- que, Iowa. Section 3. That the City Clerk be and is he- reby authorized and directed to file the Acqui- sition Plat and a certified copy of this resolu- tion in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 1St day of October, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cottingham and Butler -Amended Devel- opment Agreement: City Manager recom- mending approval of the Amended and Res- tated Development Agreement for Cottingham & Butler, Inc. to support their rehabilitation of the Security Building at 800 Main Street. Upon motion the documents were received and filed and Resolution No. 494-07 Approving an Amended and Restated Development Agree- ment for Cottingham and Butler's Security Building Project was adopted. RESOLUTION NO. 494-07 A RESOLUTION APPROVING AN AMENDED AND RESTATED DEVELOP- MENT AGREEMENT FOR COTTINGHAM & BUTLER'S SECURITY BUILDING PROJECT. Whereas, the City of Dubuque, Iowa, has an existing development agreement with Cot- tingham & Butler, Inc. outlining an incentive 347 package for the rehabilitation of the Security Building; and Whereas, Security Investments, LLC, is the owner of the building and needs to be a party in the agreement; and Whereas, Cottingham & Butler, Inc. will be the developer for the rehabilitation; and Whereas, it is the determination of this Council that approval of the Development Agreement for the rehabilitation of the Property by Cottingham & Butler, Inc. according to the terms and conditions set out in the Develop- ment Agreement is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Amended and Restated Development Agreement with Cottingham & Butler, Inc. and Security Investments, LLC, is hereby accepted and approved. Section 2. That the Mayor is hereby autho- rized to execute, on behalf of the City Council of the City of Dubuque, Iowa, the attached Amended and Restated Development Agree- ment with Cottingham & Butler, Inc. and Secu- rity Investments, LLC. Section 3. That the City Manager is hereby authorized to execute, on behalf of the City Council of the City of Dubuque, Iowa, all ne- cessary loan documents and is further autho- rized to disburse loan funds from the Down- town Rehabilitation Loan/Grant Program, in accordance with the terms and conditions of the executed agreement. Passed, approved and adopted this 1St day of October, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Town Clock Renovation Project: City Man- ager recommending that the two bids received for the Town Clock Renovation Project be re- jected and the project rebid at a later date. Upon motion the documents were received and filed and Resolution No. 495-07 Rejecting the contract bid proposals for the Town Clock Renovation Project was adopted. RESOLUTION NO. 495-07 REJECTING THE CONTRACT BID PRO- POSAL FOR THE TOWN CLOCK RENOVA- TION PROJECT Whereas, a sealed proposal was submitted by contractors for the Town Clock Renovation Project and notice to bidders published in a newspaper published in the City of Dubuque, Iowa, on the 24t" day of August, 2007; and Whereas, the sealed proposals were opened and read by the City Clerk on the 20th day of September, 2007. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 348 Regular Session, October 1, 2007 Book 137 DUBUQUE, IOWA: Section 1. The bid proposals received for the Town Clock Renovation Project is hereby rejected. Passed, adopted and approved this 1st day of October, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Housing Trust Fund Application: City Man- ager recommending approval of an application to be submitted to the Iowa Finance Authority for a Local Housing Trust Fund Grant of $200,000 in support of the Washington Neigh- borhood: Revitalize! strategy. Motion by Mi- chalski to receive and file the documents and approve. Seconded by Cline. Housing and Community Development Director David Harris provided a summary of the program. Motion carried 7-0. 655 Gillespie Street: City Manager recom- mending approval of establishing the fair mar- ket value of property located at 655 Gillespie Street at $151,000. Upon motion the docu- ments were received and filed and Resolution No. 496-07 Establishing the Fair Market Value of real property owned by Gary A. Anderson located at 655 Gillespie Street in the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 496-07 ESTABLISHING THE FAIR MARKET VALUE OF REAL PROPERTY OWNED BY GARY A. ANDERSON LOCATED AT 655 GILLESPIE STREET IN THE CITY OF DUBUQUE WHEREAS, the City of Dubuque, Iowa (City) intends to acquire certain properties located in the area adjacent to the West 32nd Street detention basin for purposes of storm water mitigation activities as recommended in the 2001 HDR "Drainage Basin Master Plan;" and WHEREAS, City intends to purchase real property owned by Gary A. Anderson legally described as: Lot 2-1-8 Gillespies Subdivision, in the City of Dubuque, County of Dubuque, Iowa according to the recorded plat thereof (the Property); and WHEREAS, Iowa law requires City to make a good faith effort to negotiate with an owner to purchase an interest in real property before proceeding with acquisition by eminent domain; and WHEREAS, City may not make an offer to purchase an interest in property which is less than the fair market value the City has estab- lished for the property; and WHEREAS, the City has caused an ap- praisal of the Property to be made and the appraised value of the Property is One Hun- dred Fifty-One Thousand Dollars ($151,000); and WHEREAS, the City Council now desires to establish the fair market value of the Proper- ty. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The fair market value of the Property is One Hundred Fifty-One Thousand Dollars ($151,000). Section 2. The City Manager and City At- torney are hereby authorized to commence negotiations with the owner for purchase of the Property at a price not less than the fair market value established by this resolution. Passed, adopted and approved this 1St day of October, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Dubuque Board of Realtors: Communica- tion from Terry Duggan, President of the Du- buque Board of Realtors, regarding bluff land zoning. Upon motion the documents were re- ceived and filed. Police Department Five Year Plan: City Manager submitting the Police Department's five year plan to create an additional 13 sworn police officer positions to the department be- ginning in Fiscal Year 2008. Motion by Lynch to receive and file the documents. Seconded by Braig. Lynch said that Dubuque had the best Police Department in the country, which does everything possible to put the safety of citizens first. Motion carried 7-0. Business Licenses: City Manager recom- mending approval of annual liquor license re- newals as submitted. Upon motion the docu- ments were received and filed and Resolution No. 497-07 Granting the issuance of a Class "C" Beer Permit to 5-Point Mart and Eagle Country Market and Resolution No. 498-07 Granting the issuance of a Class "C" Beer/Liquor License to Grand River Center and Bandana's Bar-B-Q; Class "C" Beer/Liquor License (5-Day Special Event) to Loras Col- lege (October 11 and 18, 2007); Class "B" Wine Permit to Eagle Country Market; and Class "B" (WBN) Native Wine Permit to Solon Langworthy House were adopted. RESOLUTION NO. 497-07 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been ex- amined 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 Book 137 Regular Sesison, October 1, 2007 DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS "C" BEER PERMIT 5-Point Mart, 5-Point Mart+(Sunday Sale), 405 Rhomberg Ave. Downtown Eagle Inc., Eagle Country Mar- ket+(Sunday Sale), 1800 Elm St. Passed, approved and adopted this 1st day of October, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 498-07 Whereas, applications for Liquor Licenses have been submitted to this Council for ap- proval 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 Ordin- ances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS "C" BEER/LIQUOR LICENSE Platinum Hospitality Group, Grand River Center+(Sunday/Outdoor Sale), 500 Bell St. Bandana's Missouri LLC, Bandana's Bar- B-Q+(Sunday Sale), 2035 JFK Rd. CLASS "C" BEER/LIQUOR LICENSE(5-DAY SPECIAL EVENT) Aramark Educational Service, Loras Col- lege +(Sunday/Outdoor Sale)10-11-07, 1450 Alta Vista Street Aramark Educational Service, Loras Col- lege +(Sunday/Outdoor Sale)10-18-07, 1450 Alta Vista Street CLASS "B" WINE PERMIT Downtown Eagle, Inc, Eagle Country Mar- ket, 1800 Elm St CLASS "B" (WBN) NATIVE WINE Keisha Wainwright, Solon Langworthy House, 264 Alpine Street Passed, approved and adopted this 1st day of October, 2007. 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, set the public hearings as indi- cated, and direct the City Clerk to publish no- tice as prescribed by law. Seconded by Braig. Motion carried 7-0. General Obligation Refunding Bonds: City 349 Manager recommending that a public hearing be set for October 15, 2007 to consider the issuance of not to exceed $3,585,000 General Obligation Refunding Bonds. Upon motion the documents were received and filed and Reso- lution No. 499-07 Fixing date for a meeting on the proposition of the issuance of not to ex- ceed $3,585,000 General Obligation Refund- ing Bonds (for an Essential Corporate Pur- pose) of Dubuque, Iowa, and providing for publication of notice thereof was adopted set- ting apublic hearing for a meeting to com- mence at 6:30 p.m. on October 15, 2007, in the Historic Federal Building. Council Member Kevin Lynch introduced the following Resolution entitled "RESOLU- TION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $3,585,000 GENERAL OB- LIGATION REFUNDING BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF DUBUQUE, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Council Member Karla Braig seconded the motion to adopt. The roll was called and the vote was, AYES: Braig, Buol, Cline, Connors, Jones, Lynch, Michalski. NAYS: None. Whereupon, the Mayor declared the reso- lution duly adopted as follows: RESOLUTION NO. 499-07 RESOLUTION FIXING DATE FORA MEET- ING ON THE PROPOSITION OF THE IS- SUANCE OF NOT TO EXCEED $3,585,000 GENERAL OBLIGATION REFUNDING BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF DUBUQUE, IOWA, AND PROVIDING FOR PUBLICATION OF NO- TICE THEREOF WHEREAS, it is deemed necessary and advisable that the City of Dubuque, Iowa, should issue General Obligation Refunding Bonds to the amount of not to exceed $3,585,000, as authorized by Section 384.25 of the City Code of Iowa, for the purpose of providing funds to pay costs of carrying out an essential corporate purpose project as herei- nafterdescribed; and WHEREAS, before said Bonds may be is- sued, it is necessary to comply with the provi- sions of said Code, and to publish a notice of the proposal to issue such Bonds and of the time and place of the meeting at which the Council proposes to take action for the is- suance of the Bonds and to receive oral and/or written objections from any resident or proper- ty 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 350 Regular Session, October 1, 2007 Book 137 Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, at 6:30 o'clock P. M., on the 15t" day of October, 2007, for the purpose of taking action on the matter of the issuance of not to exceed $3,585,000 General Obligation Refunding Bonds for an essential corporate purpose of said City, the proceeds of which Bonds will be used to provide funds to pay costs of refunding and refinancing of certain outstanding City indebtedness, consisting of the General Obligation Bonds, Series 2000C, dated November 1, 2000. 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, pub- lished at least once weekly, and having gener- al 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 Bonds. Section 3. The notice of the proposed ac- tion to issue said Bonds shall be in substantial- lythe [provided] form. Passed and approved this 1St day of Octo- ber, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF DUBUQUE, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $3,585,000 GENERAL OBLIGATION REFUNDING BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF SAID CITY, AND THE HEARING ON THE ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the Council of the City of Dubuque, Iowa, will hold a public hearing on the 15" day of October, 2007, at 6:30 o'clock P. M., in the Historic Fed- eral Building, 350 West 6th Street, Dubuque, Iowa, at which meeting the Council proposes to take additional action for the issuance of not to exceed $3,585,000 General Obligation Re- funding Bonds for an essential corporate pur- pose of said City, in order to provide funds to pay costs of refunding and refinancing of cer- tain outstanding City indebtedness, consisting of the General Obligation Bonds, Series 2000C, dated November 1, 2000. At the above meeting the Council shall re- ceive oral or written objections from any resi- dent or property owner of said City to the above action. After all objections have been received and considered, the Council will at this meeting or at any adjournment thereof, take additional action for the issuance of said Bonds or will abandon the proposal to issue said Bonds. This notice is given by order of the Council of Dubuque, Iowa, as provided by Section 384.25 of the City Code of Iowa. Dated this 3~d day of October, 2007. Jeanne F. Schneider City Clerk of Dubuque, Iowa General Obligation Bonds: City Manager recommending that a public hearing be set for October 15, 2007 to consider the issuance of not to exceed $1,200,000 General Obligation Bonds to support the Asbury Plaza Lift Station and Force Main Project. Upon motion the doc- uments were received and filed and Resolution No. 500-07 Fixing date for a meeting on the proposition of the issuance of not to exceed $1,200,000 General Obligation Bonds (for an Essential Corporate Purpose) of Dubuque, Iowa, and providing for publication of notice thereof was adopted setting a public hearing at a meeting to commence at 6:30 p.m. on Octo- ber 15, 2007, in the Historic Federal Building. Council Member Kevin Lynch introduced the following Resolution entitled "RESOLU- TION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $1,200,000 GENERAL OB- LIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF DUBUQUE, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Council Member Karla Braig seconded the motion to adopt. The roll was called and the vote was, AYES: Braig, Cline, Connors, Jones, Lynch, Michalski. NAYS: None. Whereupon, the Mayor declared the resolution duly adopted as follows: RESOLUTION NO. 500-07 RESOLUTION FIXING DATE FORA MEET- ING ON THE PROPOSITION OF THE IS- SUANCE OF NOT TO EXCEED $1,200,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) 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 General Obligation Bonds to the amount of not to exceed $1,200,000, as autho- rized by Section 384.25 of the City Code of Iowa, for the purpose of providing funds to pay costs of carrying out an essential corporate purpose project as hereinafter described; and WHEREAS, before said Bonds may be is- sued, it is necessary to comply with the provi- sions of said Code, and to publish a notice of the proposal to issue such Bonds and of the time and place of the meeting at which the Council proposes to take action for the is- suance of the Bonds and to receive oral and/or written objections from any resident or proper- ty owner of said City to such action. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF Book 137 Regular Sesison, October 1, 2007 DUBUQUE, IOWA: Section 1. That this Council meet in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, at 6:30 o'clock P. M., on the 1St day of October, 2007, for the purpose of taking action on the matter of the issuance of not to exceed $1,200,000 General Obligation Bonds for an essential corporate purpose of said City, the proceeds of which Bonds will be used to provide funds to pay costs of construc- tion and installation of sanitary sewer im- provements and extensions, including those costs associated with the Asbury Plaza Lift Station and Force Main Project. 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, pub- lished at least once weekly, and having gener- al 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 Bonds. Section 3. The notice of the proposed ac- tion to issue said Bonds shall be in substantial- lythe [provided] form. Passed and approved this 1St day of Octo- ber, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF DUBUQUE, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $1,200,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF SAID CITY, AND THE HEARING ON THE ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the Council of the City of Dubuque, Iowa, will hold a public hearing on the 15" day of October, 2007, at 6:30 o'clock P. M., in the Historic Fed- eral Building, 350 West 6th Street, Dubuque, Iowa, at which meeting the Council proposes to take additional action for the issuance of not to exceed $1,200,000 General Obligation Bonds for an essential corporate purpose of said City, in order to provide funds to pay costs of construction and installation of sanitary sewer improvements and extensions, including those costs associated with the Asbury Plaza Lift Station and Force Main Project. At the above meeting the Council shall re- ceive oral or written objections from any resi- dent or property owner of said City to the above action. After all objections have been received and considered, the Council will at this meeting or at any adjournment thereof, take additional action for the issuance of said Bonds or will abandon the proposal to issue said Bonds. This notice is given by order of the Council 351 of Dubuque, Iowa, as provided by Section 384.25 of the Cit~r Code of Iowa. Dated this 3~ day of October, 2007. /s/ Jeanne F. Schneider, CMC City Clerk of Dubuque, Iowa BOARDS/COMMISSIONS An application to the following board was reviewed: Building Code Board of Appeals: One 3-year, at-large, expired term through August 8, 2008 -Term of Gudenkauf. Appli- cant: Ronald Jahns. SUSPEND THE RULES Upon motion the rules were suspended al- lowing anyone to address the Council. PUBLIC HEARINGS Robert Hartig /Medical Associates Clinic (Tabled from September 17, 2007): Proof of publication on notice of public hearing to con- sider arequest from Robert Hartig /Medical Associates Clinic to amend the Medical Asso- ciates Clinic Planned Unit Development (PUD) District to redesignate existing greenway buffer for business uses and Zoning Advisory Com- mission recommending denial. Motion by Mi- chalski to remove from table. Seconded by Connors. Motion carried 7-0. Motion by Michalski to receive and file the documents and concur with denial. Seconded by Connors. John Tallent and Bob Hartig, Medical Associates, 1500 Associates Drive, provided a recap of the project and said they were willing to agree to the 50 foot "expanded setback" or green space plus screening for a two-level building. Cline questioned the loca- tion of the building and was concerned about the green space. Hartig said they were willing to maintain the green space and fully screen. Michalski said that some of the green space has been done away with and this design was different. She could not vote for the project without at least 50 feet of green space. The original PUD date of 1994 was confirmed for Council Member Braig. Planning Services Manager Laura Carstens provided a staff re- port. Holly Young, 3820 Cora Drive and repre- sentative for property owners who oppose the project, said that screening, landscape berms and stormwater drainage solutions are needed to prevent terrible flooding. She also cited the issues with semi's, box trucks, and night-time security lighting overshadowing property. She said that Medical Associates has other op- tions. Young said she did not meet with Medi- cal Associates after the Zoning Advisory Commission meeting. She felt threatened by Medical Associates' presentation at the neigh- borhood meeting and said that the neighbor- 352 Regular Session, October 1, 2007 Book 137 hood association is unanimous in its opposi- tion. Michalski said that the businesses can already be seen from residences and the Zon- ing Advisory Commission believed there was a compelling need for the Medical Associates' expansion. Lynch asked if there was room for compromise. Young said that what Medical Associates says and does are not the same. Paul Heacock, part owner of 1635 Associates Drive, worked with Medical Associates for four years and was supportive of the proposal. The Platinum Building has a 20-foot set back and Heacock has received no complaints. This proposal has an 80-foot set back. Mary Pat Kerper, 3830 Cora Drive, said that 100 percent of the property owners are opposed to the proposal and that there is ample property available on the Medical Associates campus. She said that property owners purchased their land because of the existing green space and that it was a deciding factor. The green space should be protected. Rick Stumpf, 2065 Broad- lawn Road, spoke on behalf of Dorothy Stumpf, 3840 Cora Drive, who was opposed to the proposal as drainage was a big issue as well as BFI trucks coming through Medical Associates twice a week at 6:35 a.m. Eric Kaufmann, 2456 Hilton Springs Road and owner of property on Cora Drive, said the area was designed to be green space and this pro- posal allows Medical Associates to build big and taller buildings with no screening. Hartig said that the green space issue is being ad- dressed in the way businesses are separated. He said residents would enjoy more privacy than if there were residences behind them. stormwater will be maintained. He noted that no one had ever complained of stormwater until this project was proposed. He also said that box trucks are used and not semi's. Mi- chalski said that she would be willing to say that only business involved in health care will be allowed to build and that is in the restrictive covenant. Hartig said that only medical-related business would be allowed to build and there would be no strip mall. Mayor Buol closed the public input portion of the hearing at 8:18 p.m. Braig said that both sides have compelling arguments and that green space was set aside in 1994, which has to be maintained. Cline said that she understands both sides, but the neighbors should not be forced to change the scheme of things now. Michalski wished it could have been worked out and felt bad about not supporting it. The proposal would credit the city but she could not go against the green space. Jones also said there were compelling arguments, but a deal is a deal and no differ- ent than the deal made in 1994. He hoped the conversations with both sides would keep going and while Medical Associates is a good business for the City, he urged them to find an answer. He knows the stormwater problem will be corrected. Lynch said that in the business environment, things change rapidly. Buol said he did not want to get locked into the idea that previous decisions can't be changed. Motion to receive and file and concur with denial carried 5-2 with Buol and Lynch voting nay. Individual Historic Designation - 40-42 Main (Tabled from August 20, 2007): Proof of publication on notice of public hearing to con- sider approval of the Individual Historic Desig- nation of 40-42 Main Street and City Manager recommending approval. Correspondence from property owner Chris Miller requesting tabling to a future date thereby allowing him time to work on State Historic Preservation Tax Credits. Motion by Michalski to retable. Seconded by Cline. Motion carried 7-0 Vacation and Sale of Undeveloped Alley: Proof of publication on notice of public hearing to consider the vacation and sale of an unde- veloped alley near the old Dubuque Meat Packing Plant site to SB Development, LLC and City Manager recommending approval. Motion by Cline to receive and file the docu- ments and adopt Resolution No. 501-07 Va- cating an alley and Resolution No. 502-07 Disposing of City interest in Lot 378A of East Dubuque No. 2 in the City of Dubuque, Dubu- que County, Iowa. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 501-07 VACATING AN ALLEY Whereas, SB Development, LLC has re- quested the vacating of a portion of an Alley; and Whereas, IIW Engineers & Surveyors, PC has prepared and submitted to the City Coun- cil aplat showing the vacated Alley and as- signed lot number thereto, which hereinafter shall be known and described as Lot 378A in the City of Dubuque, Dubuque County, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that an Alley is no longer required for public use, and vacating of said Alley, known as Lot 378A of East Du- buque No. 2 in the City of Dubuque, Dubuque County, Iowa should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lot 378A of East Dubuque No. 2 in the City of Dubuque, Iowa, be and the same is hereby vacated. Passed, approved and adopted this 1St day of October, 2007. Roy D. Buol, Mayor Book 137 Regular Sesison, October 1, 2007 Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 502-07 DISPOSING OF CITY INTEREST IN LOT 378A OF EAST DUBUQUE NO. 2 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, pursuant to resolution and pub- lished notice of time and place of hearing, pub- lished in the Telegraph Herald, a newspaper of general circulation published in the City of Du- buque, Iowa on this 21St day of September, 2007, the City Council of the City of Dubuque, Iowa met on the 1St day of October, 2007, at 6:30 p.m. in the Public Library Auditorium, 360 West 11 Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as: Lot 378A of East Dubuque No. 2 in the City of Dubuque, Dubu- que County, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objec- tions, oral or written to the proposal to sell such real estate. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the sale of City of Dubuque real property described as Lot 378A of East Dubuque No. 2 in the City of Dubuque, Dubu- que County, Iowa in the City of Dubuque, Du- buque County, Iowa, to SB Development, LLC be and the same is hereby approved for the sum of $1 plus the cost of platting, publication, filing fees, and other considerations. Con- veyance shall be by Quit Claim Deed. Section 2. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of con- veyance to SB Development, LLC upon receipt of the purchase price in full. Section 3. That the City Clerk be and is he- reby authorized and directed to record a certi- fied copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 1St day of October, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk United States Postal Service: Proof of pub- lication on notice of public hearing to consider a lease agreement with the United States Postal Service for space at the Historic Feder- al Building and City Manager recommending approval. Motion by Cline to receive and file the documents and adopt Resolution No. 503- 07 Disposing of interest in real property owned by the City of Dubuque by lease agreement between the City of Dubuque and the United States Postal Service. Seconded by Connors. 353 Michalski said that building security needs to be addressed and asked if any thought had been given to a staffed security desk. Econom- ic Development Director Dave Heiar said that previous security was not provided by the USPS. Van Milligen will ask Police Chief Wad- ding to review the issue. Motion carried 7-0. RESOLUTION NO. 503-07 APPROVING THE DISPOSAL OF AN IN- TEREST IN REAL PROPERTY OWNED BY THE CITY OF DUBUQUE BY LEASE BE- TWEEN THE CITY OF DUBUQUE, IOWA AND THE UNITED STATES POSTAL SER- VICE WHEREAS, the City of Dubuque, Iowa (City) owns the real property described as the Historic Federal Building, located at 350 West 6t" Street in the City of Dubuque, Iowa; and WHEREAS, City and United States Postal Service have negotiated a 5 year Lease Agree- ment, with a 5 year option, for space in the His- toric Federal Building, a copy of which is at- tached; and WHEREAS, the City Council believes it is in the best interests of the City of Dubuque to ap- provethe Lease Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The Lease Agreement between City and United States Postal Service is hereby approved and the City Manager is authorized to execute said lease on behalf of the City of Du- buque. Passed, approved and adopted this 1St day of October, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Fiscal Year 2008 Budget Amendment: Proof of publication on notice of public hearing to consider the first amendment to the Fiscal Year 2008 Operating Budget and City Manag- er recommending approval. Motion by Con- nors to receive and file the documents and adopt Resolution No. 504-07 Adopting Amendment No. 1 to the Fiscal Year 2008 Budget for the City of Dubuque. Seconded by Cline. Motion carried 7-0. 31-288 CITY BUDGET AMENDMENT AND CERTI- FICATION RESOLUTION To the Auditor of DUBUQUE County, Iowa: The City Council of DUBUQUE in said County/Counties met on 10/01/2007, at the place and hour set in the notice, a copy of which accompanies this certificate and is certi- fied as to publication. Upon taking up the pro- posed amendment, it was considered and tax- payers were heard for and against the amendment. 354 Regular Session, October 1, 2007 Book 137 The Council, after hearing all taxpayers wishing to be heard and considering the statements made by them, gave final consid- eration to the proposed amendment(s) to the budget and modifications proposed at the hearing, if any thereupon, the following resolu- tion was introduced: (continued) Book 137 Regular Sesison, October 1, 2007 355 RESOLUTION NO. 504-07 A RESOLUTION AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2008, (AS AMENDED LAST O N --- ) Be it Resolved by the Council of the City of DUBUQUE Section 1. Following notice published and the public hearing held, 10/01/2007 the current budget (as previously amended) is amended as set out herein and in the detail by fund type and activity that supports this resolution which was considered at that hearing: Total Budget Total Budget as certified Current after Current or last amended Amendment Amendment Revenues & Other Financing Sources Taxes Levied on Property Less: Uncollected Property Taxes-Levy Year Net Current Property Taxes Delinquent Property Taxes TIF Revenues Other City Taxes Licenses & Permits Use of Money and Property Intergovernmental Charges for Services Special Assessments Miscellaneous Other Financing Sources Total Revenues and Other Sources Expenditures & Other Financing Uses Public Safety Public Works Health and Social Services Culture and Recreation Community and Economic Development General Government Debt Service Capital Projects Total Government Activities Expenditures Business Type /Enterprises Total Gov Activities & Business Expenditures Transfers Out Total Expenditures/Transfers Out Excess Revenues & Other Sources Over (Under) Expenditures/Transfers Out Fiscal Year Continuing Appropriation Beginning Fund Balance July 1 Ending Fund Balance June 30 Passed this 1s` day of October, 2007. /s/ Jeanne F. Schneider, CMC, City Clerk 1 18, 006, 072 0 18, 006, 072 2 0 0 0 3 18, 006, 072 0 18, 006, 072 4 0 0 0 5 4, 357, 984 0 4, 357, 984 6 11, 222, 621 0 11, 222, 621 7 3, 354, 041 0 3, 354, 041 8 17, 730, 706 131, 842 17, 862, 548 9 17,157,450 25,476,917 42,634,367 10 24, 034, 801 193, 547 24, 228, 348 11 700, 000 682, 627 1, 382, 627 12 4,961,654 3,677,005 8,638,659 13 46, 384, 888 10, 891, 735 57, 276, 623 14 147, 910, 217 41, 053, 673 188, 963, 890 15 20, 906, 502 441, 451 21, 347, 953 16 10, 578, 404 773, 989 11, 352, 393 17 846,181 119,291 965,472 18 8, 336, 448 165, 584 8, 502, 032 19 8, 512, 576 241, 344 8, 753, 920 20 5, 674, 587 348, 839 6, 023, 426 21 3,107,249 0 3,107,249 22 21, 808, 077 42, 271, 880 64, 079, 957 23 79, 770, 024 44, 362, 378 124,132, 402 24 37, 048, 839 22, 389, 518 59, 438, 357 25 116, 818, 863 66, 751, 896 183, 570, 759 26 33,876,664 6,664,267 40,540,931 27 150, 695, 527 73, 416,163 224,111, 690 28 -2,785,310 -32,362,490 -35,147,800 29 0 N/A 0 30 17, 988, 807 0 17, 988, 807 31 15,203,497 -32,362,490 -17,158,993 /s/ Roy D. Buol, Mayor 356 Regular Session, October 1, 2007 Book 137 REINSTATE THE RULES Upon motion the rules were reinstated li- miting discussion to the City Council. ACTION ITEMS Tara Winger: Request of Tara Winger to ad- dress the City Council regarding food. In the absence of Ms. Winger, Cline moved to re- ceive and file the document. Seconded by Connors. Motion carried 7-0. Arts and Cultural Affairs Advisory Commis- sion: Arts and Cultural Affairs Advisory Com- mission submitting the October 2007 State of the Arts report. Motion by Cline to receive and file the documents. Seconded by Connors. Arts Commissioner Amy Weber provided an overview of the report. Motion carried 7-0. 175th Anniversary Celebration Coordina- tion Committee: City Manager recommending approval of a $25,000 grant program designed to encourage the community-wide develop- ment of special projects, contests, dis- plays/exhibits, and events throughout 2008 to commemorate Dubuque's 175th anniversary. Motion by Michalski to receive and file the documents and approve the recommendation. Seconded by Cline. Motion carried 7-0. Silver Dollar Cantina -Community Devel- opment Block Grant Loan: City Manager re- commending approval of a $100,000 Commu- nity Development Block Grant Economic De- velopment Loan Program forgivable loan to assist in the establishment of the Silver Dollar Cantina Restaurant in the German Bank Build- ing at 342 Main. Motion by Cline to receive and file the documents and adopt Resolution No. 505-07 Authorizing a Commitment Letter and the execution of a Community Develop- ment Block Grant Loan of One Hundred Thou- sand Dollars ($100,000) to MM&H Corpora- tion. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 505-07 A RESOLUTION AUTHORIZING A COM- MITMENT LETTER AND THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT LOAN OF ONE HUNDRED THOU- SAND DOLLARS ($100,000) TO MM & H CORPORATION Whereas, under provisions of Title I of the Housing and Community Development Act of 1974, as amended, the City of Dubuque has received Community Development Block Grant Funds for the purpose of stimulating economic development activities within the community; and Whereas, the City of Dubuque, Iowa de- sires to assist MM & H Corporation's and to create new permanent employment opportuni- ties for low and moderate income citizens; and Whereas, a Commitment Letter, hereto at- tached and by this reference made a part he- reof, sets forth the terms and conditions of MM & H Corporation's participation in the City's CDBG Economic Development Loan Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor is hereby autho- rized to execute, on behalf of the City Council of the City of Dubuque, Iowa, the attached Commitment Letter and to forward said letter to Silver Dollar Cantina, Inc. Section 2. That the City Manager be and he is hereby directed to prepare, upon receipt and acknowledgment of the attached Com- mitment Letter by the Company, the necessary loan documents in accordance with the terms and conditions set forth in said Commitment Letter. Section 3. That the City Manager is hereby authorized to execute, on behalf of the City Council of the City of Dubuque, Iowa, all ne- cessary loan documents and is further autho- rized to disburse loan funds from the CDBG Economic Development Loan Program, in ac- cordance with the terms and conditions of the executed agreement. Passed, approved and adopted this 1St day of October, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Genuine Genius Solutions -Urban Devel- opment Action Grant (UDAG): City Manager recommending approval to substitute the use of an Urban Development Action Grant (UDAG) loan rather than the Community De- velopment Block Grant loan for the Genuine Genius Solutions, LLC project. Motion by Cline to receive and file the documents and approve. Seconded by Connors. Motion carried 7-0. Amended and Restated Port of Dubuque Public Parking Facility Development Agree- ment: City Manager recommending approval of an Amended and Restated Port of Dubuque Public Parking Facility Development Agree- ment between the City of Dubuque and Di- amond Jo, LLC. Motion by Cline to receive and file the documents and adopt Resolution No. 485-07 Approving an Amended and Restated Port of Dubuque Public Parking Facility Devel- opment Agreement between the City of Dubu- que and Diamond Jo, LLC. Seconded by Con- nors. Motion carried 7-0. Book 137 Regular Sesison, October 1, 2007 RESOLUTION NO. 485-07 APPROVING AND AUTHORIZING EXECU- TION OF THE AMENDED AND RESTATED PORT OF DUBUQUE PUBLIC PARKING FACILITY DEVELOPMENT AGREEMENT Whereas, a Port of Dubuque Public Park- ing Facility Development Agreement (the Orig- inal Agreement), dated February 5, 2007, was entered into by and between the City of Dubu- que, amunicipal corporation of the State of Iowa (City), and Diamond Jo, LLC (f/k/a DJ Gaming Company, LLC), a Delaware limited liability company (DJ); and WHEREAS, the Original Agreement was amended by a First Amendment to Port of Dubuque Public Parking Facility Development Agreement approved by the City Council of the City on March 21, 2007 and a Second Amendment to Port of Dubuque Public Parking Facility Development Agreement dated as of August 6, 2007 (together with the Original Agreement, the "Development Agreement"); and WHEREAS, it is now proposed that the City and DJ further amend and restate the Development Agreement as set forth in the Amended and Restated Port of Dubuque Pub- lic Parking Facility Development Agreement now before this Council. Section 1. That the form of Amended and Restated Port of Dubuque Public Parking Fa- cility Development Agreement now before this Council is hereby approved. Section 2. That the Mayor is hereby autho- rized and directed to execute said Amended and Restated Port of Dubuque Public Parking Facility Development Agreement on behalf of the City of Dubuque and the City Clerk is au- thorized and directed to attest to his signature. Section 3. That the City Manager is autho- rized to take such actions as are necessary to implement the terms of the Amended and Res- tated Port of Dubuque Public Parking Facility Development Agreement as herein approved. Passed, approved and adopted this 1St day October, 2007. Roy D. Buol, Mayor, Attest: Attest: Jeanne F. Schneider, CMC, City Clerk Diamond Jo, LLC -Minimum Assessment Agreement: City Manager recommending ap- proval of the Minimum Assessment Agree- ment, Guaranty and Escrow Agreement be- tween the City of Dubuque and Diamond Jo, LLC pursuant to the Amended and Restated Development Agreement for the Port of Dubu- que Public Parking Facility. Motion by Michals- ki to receive and file the documents and adopt Resolution No. 486-07 Approving the Minimum Assessment Agreement, Guaranty and Escrow Agreement pursuant to the Development Agreement for the Port of Dubuque Public Parking Facility between the City of Dubuque 357 and Diamond Jo, LLC, and authorizing execu- tion of the same. Seconded by Cline. Motion carried 7-0. Council Member Ann Michalski introduced the following Resolution entitled "RESOLU- TION APPROVING THE FORMS OF MINI- MUM ASSESSMENT AGREEMENT, GUA- RANTY AND ESCROW AGREEMENT TO BE ENTERED INTO IN CONNECTION WITH THE ISSUANCE OF URBAN RENEWAL TAX INCREMENT REVENUE BONDS, TAXABLE SERIES 2007, AND AUTHORIZING EXECU- TION OF THE SAME", and moved its adop- tion. Council Member Patricia Cline seconded the motion to adopt. The roll was called and the vote was AYES: Braig, Buol, Cline, Con- nors, Jones, Lynch, Michalski. NAYS: None Whereupon the Mayor declared the follow- ing Resolution duly adopted: RESOLUTION NO. 486-07 RESOLUTION APPROVING THE FORMS OF MINIMUM ASSESSMENT AGREEMENT, GUARANTY AND ESCROW AGREEMENT TO BE ENTERED INTO IN CONNECTION WITH THE ISSUANCE OF URBAN RENEW- AL TAX INCREMENT REVENUE BONDS, TAXABLE SERIES 2007, AND AUTHORIZ- ING EXECUTION OF THE SAME WHEREAS, this Council has previously in- stituted proceedings and resolved to take addi- tional action for the authorization and the is- suance of not to exceed $25,000,000 Urban Renewal Tax Increment Revenue Bonds (the "Bonds") for the purpose of paying costs of aiding in the planning, undertaking and carry- ing out of urban renewal project activities un- derthe authority of Chapter 403 of the Code of Iowa and the Amended and Restated Urban Renewal Plan for the Greater Downtown Ur- ban Renewal Project Area, including those costs associated with (i) the construction of a multi-level public parking ramp facility (de- scribed herein as the "Parking Facility") in the Port of Dubuque, pursuant to the Port of Du- buque Public Parking Facility Development Agreement dated February 5, 2007 between the City of Dubuque, Iowa and Diamond Jo, LLC, (ii) the funding of a debt service reserve fund and a capitalized interest fund for the Bonds, and (iii) the payment of costs asso- ciated with the issuance of the Bonds; and WHEREAS, in accordance with said De- velopment Agreement, Diamond Jo LLC is obligated to enter into a Minimum Assessment Agreement and Escrow Agreement with the City of Dubuque prior to or at the time of is- suance of the Bonds, and to deliver a Guaran- ty to the City relating to the obligation of Di- amond Jo LLC to pay real estate taxes in con- nection with its casino development, prelimi- nary copies of which were attached to said 358 Regular Session, October 1, 2007 Book 137 Development Agreement as Exhibits D, M and F, respectively; WHEREAS, final forms of the Minimum Assessment Agreement, Escrow Agreement and Guaranty have been negotiated and agreed upon by the City Manager and repre- sentatives of Diamond Jo LLC and Peninsula Gaming, LLC, as guarantor under the Guaran- ty to be delivered to the City, and have been determined to be in acceptable form for the purposes intended. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Approval of Minimum Assess- ment Aareement. That the form and content of the Minimum Assessment Agreement, the provisions of which are incorporated herein by reference, be and the same hereby are in all respects authorized, approved and confirmed, and the Mayor and the City Clerk be and they hereby are authorized, empowered and di- rected to execute, attest, seal and deliver the Minimum Assessment Agreement for and on behalf of the City in substantially the form and content now before this meeting, but with such changes, modifications, additions or deletions therein as may be approved by such officers with the advice of the City Attorney, and that from and after the execution and delivery of the Minimum Assessment Agreement, the Mayor and the City Clerk are hereby autho- rized, empowered and directed to do all such acts and things and to execute all such docu- ments as may be necessary to carry out and comply with the provisions of the Minimum Assessment Agreement as executed. Section 2. Approval of Guaranty. That the form and content of the Guaranty, the provi- sions of which are incorporated herein by ref- erence, be and the same hereby are in all re- spects authorized, approved and confirmed, and the Mayor and the City Clerk be and they hereby are authorized, empowered and di- rected to execute, attest, seal and accept the Guaranty for and on behalf of the City in sub- stantially the form and content now before this meeting, but with such changes, modifications, additions or deletions therein as may be ap- proved by such officers with the advice of the City Attorney. Section 3. Approval of Escrow Aareement. That the form and content of the Escrow Agreement, the provisions of which are incor- porated herein by reference, be and the same hereby are in all respects authorized, ap- proved and confirmed, and the Mayor and the City Clerk be and they hereby are authorized, empowered and directed to execute, attest, seal and deliver the Escrow Agreement for and on behalf of the City in substantially the form and content now before this meeting, but with such changes, modifications, additions or dele- tions therein as may be approved by such of- ficers with the advice of the City Attorney, and that from and after the execution and delivery of the Escrow Agreement, the Mayor and the City Clerk are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be ne- cessary to carry out and comply with the provi- sions of the Escrow Agreement as executed. Passed and approved this 1st day of Octo- ber, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Urban Renewal Tax Increment Revenue Bonds, Taxable Series 2007: City Manager recommending adoption of a resolution ap- proving the issuance of Urban Renewal Tax Increment Revenue Bonds, Taxable Series 2007 for construction of the Port of Dubuque Public Parking Facility. Motion by Connors to receive and file the documents with amended Page 25 of the Resolution and adopt Resolu- tion No. 487-07 Authorizing and providing for the issuance of Urban Renewal Tax Increment Revenue Bonds, Taxable Series 2007, of the City of Dubuque, Iowa and providing for the securing of such bonds for the purpose of car- rying out an Urban Renewal Project in the area of the City of Dubuque, Iowa designated as the Greater Downtown Urban Renewal District. Seconded by Cline. Motion Carried 7-0 Council Member Joyce Connors introduced the following Resolution entitled "RESOLU- TION AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $23,025,000 URBAN RENEWAL TAX INCREMENT REVENUE BONDS, TAXABLE SERIES 2007, OF THE CITY OF DUBUQUE, IOWA, AND PROVID- ING FOR THE SECURING OF SUCH BONDS FOR THE PURPOSE OF CARRYING OUT AN URBAN RENEWAL PROJECT IN THE AREA OF THE CITY OF DUBUQUE, IOWA DESIGNATED AS THE GREATER DOWN- TOWN URBAN RENEWAL DISTRICT", and moved its adoption. Council Member Patricia Cline seconded the motion to adopt. The roll was called and the vote was AYES: Braig, Buol, Cline, Connors, Jones, Lynch, Michalski. NAYS: None Whereupon the Mayor declared the follow- ing Resolution duly adopted: RESOLUTION NO. 487-07 RESOLUTION AUTHORIZING AND PROVID- ING FOR THE ISSUANCE OF $23,025,000 URBAN RENEWAL TAX INCREMENT REV- ENUE BONDS, TAXABLE SERIES 2007, OF THE CITY OF DUBUQUE, IOWA, AND PRO- VIDING FOR THE SECURING OF SUCH BONDS FOR THE PURPOSE OF CARRYING OUT AN URBAN RENEWAL PROJECT IN Book 137 Regular Sesison, October 1, 2007 THE AREA OF THE CITY OF DUBUQUE, IOWA DESIGNATED AS THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT WHEREAS, the City Council of the City of Dubuque, Iowa (the "City" or the "Issuer") has heretofore, by Resolution No. 108-07 of this City Council approved on February 20, 2007, adopted an Amended and Restated Urban Renewal Plan (the "Urban Renewal Plan") under which plan there is to be carried out urban renewal project activities in an area des- ignated as the Greater Downtown Urban Re- newal District (the "Project Area"); and WHEREAS, it is presently estimated that the costs of carrying out the purposes and provisions of the Urban Renewal Plan for the Project Area, including the purpose set forth in Section 3 hereof, exceed the funds on hand which are available for such purposes, and provisions must now be made by the City to provide for the payment of such costs by the issuance of Bonds; and WHEREAS, the City has heretofore adopted Ordinance No. 20-07, under Section 403.19 of the Code of Iowa (the "Ordinance"), under which the taxes levied on the taxable property in the Project Area shall be divided, and a special fund created under the authority of Section 403.19(2) of the Code of Iowa, as amended (which special fund is hereinafter referred to as the "Greater Downtown Urban Renewal Tax Increment Revenue Fund" or "Revenue Fund"), which fund was created in order to pay the principal of and interest on loans, monies advanced to or indebtedness, whether funded, refunded, assumed, or other- wise, including bonds issued under the au- thority of Section 403.9(1) of the Code of Iowa, as amended, incurred by the City to finance or refinance in whole or in part urban renewal project activities undertaken within the Project Area, and pursuant to which Ordinance such Revenue Fund may be irrevocably pledged by the City for the payment of principal and inter- est on such indebtedness; and WHEREAS, the notice of intention of Issu- er to take action for the issuance of not to ex- ceed $25,000,000 Urban Renewal Tax Incre- ment Revenue Bonds has heretofore been duly published and no objections to such pro- posed action have been filed and it is now necessary and advisable that provisions be made for the issuance of Bonds to the amount of $23,025,000 pursuant to the provisions of Section 403.9(1) of the Code of Iowa, payable from a portion of the income and proceeds of the Revenue Fund and other funds of the City derived from or held in connection with the undertaking and carrying out of the Urban Re- newal Plan for the Project Area as described herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 359 DUBUQUE, IN THE COUNTY OF DUBUQUE, STATE OF IOWA: Section 1. Definitions. In addition to the de- fined terms set forth in the preambles hereof, the following terms shall have the following meanings in this Resolution unless the text expressly or by necessary implication requires otherwise: ^ "Authorized Denominations" shall mean $5,000 or any integral multiple thereof. ^ "Beneficial Owner" shall mean the person in whose name such Bond is recorded as the beneficial owner of a Bond by a Participant on the records of such Participant or such person's subrogee. ^ "Bonds" or "Bond" shall mean the $23,025,000 Urban Renewal Tax In- crement Revenue Bonds, Taxable Series 2007, authorized to be issued by this Resolution. ^ "Capitalized Interest Account" shall mean the account by that name within the Project Fund created in Section 14 of this Resolution. ^ "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any succes- sor nominee of DTC with respect to the Bonds. ^ "Clerk" shall mean the City Clerk or such other officer of the successor Go- verning Body as shall be charged with substantially the same duties and respon- sibilities. ^ "Company" shall mean Diamond Jo, LLC, a Delaware limited liability com- pany. ^ "Construction Account" shall mean the account by that name within the Project Fund created in Section 14 of this Resolution. ^ "Costs of Issuance Account" shall mean the account by that name within the Project Fund created in Section 14 of this Resolution. ^ "Depository Bonds" shall mean the Bonds as issued in the form of one global certificate for each maturity, regis- tered in the Registration Books maintained by the Registrar in the name of DTC or its nominee. ^ "Development" shall mean the construction by the Company of a casino development of not less than 140,000 square feet of floor space, along with ne- cessary site work, on the Development Property at a cost of approximately $45,000,000, in accordance with the terms of the Development Agreement. ^ "Development Agreement" shall mean the Amended and Restated Port of Dubuque Public Parking Facility Develop- 360 Regular Session, October 1, 2007 Book 137 ment Agreement dated as of October 1, 2007 between the City and the Company, as may be amended from time to time. ^ "Development Property" shall mean that portion of the Project Area being developed by the Company under the terms of the Development Agreement, upon which the Company has covenanted to construct the Development, being legally described as Lot 1 of Adams Company's 1st Addition, Lot 3 of Adams Company 2nd Addition, and Lots 1, 2, 3 and 4 of Adams Company 3rd Addition, in Dubuque Coun- ty, Iowa. ^ "Development Tax Increments" shall mean the Tax Increments collected in respect of the Development Property and the Development constructed thereon, and the other amounts payable by the Compa- ny under the Minimum Assessment Agreement, which are pledged herein to the payment of the principal of and interest on the Bonds. ^ "Diamond Jo TIF Account" means the separate account established within the Greater Downtown Urban Re- newal Tax Increment Revenue Fund of the City, in which there shall be deposited all Tax Increments received by the City in re- spect of the Development and the Devel- opment Property. ^ "DTC" shall mean The Deposito- ry Trust Company, New York, New York, a limited purpose trust company, or any suc- cessor book-entry securities depository appointed for the Bonds. ^ "Fiscal Year" shall mean the twelve-month period beginning on July I of each year and ending on the last day of June of the following year, or any other consecutive twelve-month period adopted by the Governing Body or by law as the official accounting period of the Issuer. ^ "Governing Body" shall mean the City Council of the City, or its succes- sor in function with respect to the operation and control of the Project Area. ^ "Greater Downtown Urban Re- newal Tax Increment Revenue Fund" or "Revenue Fund" means the special fund of the City created under the authority of Sec- tion 403.19(2) of the Code of Iowa and the Ordinance, which fund was created in or- der to pay the principal of and interest on loans, monies advanced to, or indebted- ness, whether funded, refunded, assumed or otherwise, including bonds or other obli- gations issued under the authority of Sec- tion 403.19 or 403.12 of the Code of Iowa, incurred by the City to finance or refinance in whole or in part projects undertaken pur- suant to the Urban Renewal Plan for the Project Area. ^ "Guaranty" shall mean the Gua- ranty dated October 1, 2007 and executed by the Parent in favor of the City, pursuant to which the Parent has unconditionally and irrevocably guaranteed to the City the prompt and complete payment of all real property taxes and assessments levied against the Development Property and the Development when such payments are re- quired to be made. ^ "Issuer" and "City" shall mean the City of Dubuque, Iowa. ^ "Minimum Assessment Agree- ment" shall mean the Minimum Assess- ment Agreement dated October 1, 2007 between the Issuer and the Company, pur- suant to which the Company has agreed not to object a minimum assessed valua- tion for tax purpose of the Development Property and the Development constructed thereon in an amount of $57,890,649 commencing January 1, 2009, which will generate the Development Tax Increments pledged to pay the principal of and interest on the Bonds. ^ "North Fagade Account" shall mean the account by that name within the Project Fund created in Section 14 of this Resolution. ^ "North Fagade Alternate" shall mean the north facade alternate included as part of the plans and specifications for the Parking Facility, as described in the Development Agreement. ^ "Original Purchaser" shall mean Robert W. Baird & Co, as the purchaser of the Bonds from Issuer at the time of their original issuance. ^ "Parent" shall mean Peninsula Gaming, LLC, a Delaware limited liability company and awholly-owned subsidiary of Peninsula Gaming Partners, LLC, a Dela- ware limited liability company. The Com- pany is one of three wholly-owned subsidi- aries of the Parent. ^ "Parking Facility" shall mean the approximately 1,130 space multi-level pub- lic parking ramp facility being constructed by the Issuer on property adjacent to the Development Property, as described in the Development Agreement. ^ "Paying Agent" shall be the Wells Fargo Bank, National Association, or such successor as may be approved by Is- suer as provided herein and who shall car- ry out the duties prescribed herein as Issu- er's agent to provide for the payment of principal of and interest on the Bonds as the same shall become due. ^ "Participants" shall mean those broker-dealers, banks and other financial institutions for which DTC holds Bonds as securities depository. Book 137 Regular Sesison, October 1, 2007 ^ "Project Area" shall mean the Greater Downtown Urban Renewal District of the Issuer, as amended from time to time. ^ "Project Fund" shall mean the fund established in Section 14 of this Resolution for the deposit of the proceeds of the Bonds. ^ "Purchase Agreement" shall mean the Bond Purchase Agreement, dated as of the date of this Resolution, be- tween the City and the Original Purchaser, relating to the purchase of the Bonds by the Original Purchaser at the time of their issuance. ^ "Registrar" shall be the Wells Fargo Bank, National Association, of Des Moines, Iowa, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties pre- scribed herein with respect to maintaining a register of the owners of the Bonds. Un- less otherwise specified, the Registrar shall also act as Transfer Agent for the Bonds. ^ "Representation Letter" shall mean the Blanket Issuer Letter of Repre- sentations executed and delivered by the Issuer to DTC. ^ "Reserve Fund Requirement" shall mean $2,015,125.00. ^ "Tax Increments" means the property tax revenues divided and made available to the City for deposit in the Greater Downtown Urban Renewal Tax In- crement Revenue Fund under the provi- sions of Section 403.19 of the Code and the Ordinance. ^ "Treasurer" shall mean the City Treasurer or such other officer as shall succeed to the same duties and responsi- bilities with respect to the recording and payment of the Bonds issued hereunder. Section 2. Authority. The Bonds authorized by this Resolution shall be issued pursuant to Section 403.9 of the Code of Iowa, and in compliance with all applicable provisions of the Constitution and laws of the State of Iowa. Section 3. Authorization. Purpose. and Ap- proval of Purchase Aareement. There are he- reby authorized to be issued, negotiable, seri- al, fully registered Urban Renewal Tax Incre- ment Revenue Bonds, Taxable Series 2007, of the City of Dubuque, in the County of Dubu- que, State of Iowa, in the aggregate principal amount of $23,025,000, for the purpose of paying costs of aiding in the planning, under- taking 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 Project Area, in- cluding those costs associated with (i) the construction of a multi-level public parking 361 ramp facility (described herein as the "Parking Facility") in the Port of Dubuque, pursuant to the Amended and Restated Port of Dubuque Public Parking Facility Development Agree- ment dated October 1, 2007, as amended, between the City of Dubuque, Iowa and Di- amond Jo, LLC, (ii) the funding of a debt ser- vice reserve fund and a capitalized interest fund for the Bonds, and (iii) the payment of costs associated with the issuance of the Bonds. The Purchase Agreement is hereby ap- proved in substantially the form presented at this meeting, and the Mayor and City Clerk are authorized to execute and deliver the same on behalf of the City with such changes as shall to them, upon the advice of the City Attorney, may deem necessary or appropriate. Section 4. Source of Payment. As provided by Section 403.9 of the Code of Iowa, the Bonds and interest thereon shall be payable from and secured solely and only by amounts deposited and held from time to time in a spe- cial Diamond Jo TIF Account hereby estab- lished within the Greater Downtown Urban Renewal Tax Increment Revenue Fund of the City. The City hereby covenants and agrees to maintain the Ordinance in force during the term of the Bonds, to collect the Development Tax Increments in accordance with the Mini- mum Assessment Agreement, and to allocate the said Development Tax Increments to the Diamond Jo TIF Account for the payment of the principal of and interest on the Bonds. All of the said Development Tax Increments and any other amounts collected under the Mini- mum Assessment Agreement and the Guaran- ty shall be deposited in the Diamond Jo TIF Account and are hereby pledged to the pay- ment of the principal of and interest on the Bonds. The Bonds shall not be payable in any manner from other Tax Increments collected in respect of other properties within the Project Area or by general taxation or from any other City funds. The Bonds shall not constitute an indeb- tedness within the meaning of any statutory debt limitation or restriction and shall not be subject to the provisions of any other law relat- ing to the authorization, issuance or sale of Bonds. The Bonds shall recite in substance that they have been issued by the City in connec- tion with an urban renewal project as defined in Chapter 403 of the Code of Iowa, and in any suit, action or proceeding involving the validity or enforceability of any Bonds issued he- reunder or the security therefor, such Bonds shall be conclusively deemed to have been issued for such purpose and such project shall be conclusively deemed to have been planned, located and carried out in accordance with the provisions of Chapter 403 of the Code 362 Regular Session, October 1, 2007 Book 137 of Iowa. Section 5. Bond Details. (a) Urban Renewal Tax Increment Revenue Bonds of the City in the amount of $23,025,000 shall be issued pursuant to the provisions of Section 403.9 of the Code of Iowa for the aforesaid purpose. The Bonds shall be designated "URBAN RENEWAL TAX INCREMENT REVENUE BONDS, TAXABLE SERIES 2007", be dated as of the date of deli- very, and bear interest from the date thereof, until payment thereof, at the office of the Pay- ing Agent, the interest thereon being payable on June 1, 2008 and semiannually thereafter on the Ist day of June and December in each year until maturity at the rates hereinafter pro- vided. The Bonds shall be executed by the ma- nual or facsimile signature of the Mayor and attested by the manual or facsimile signature of the Clerk, and impressed or printed with the seal of the City and shall be fully registered as to both principal and interest as provided in this Resolution; principal, interest and pre- mium, if any, shall be payable at the office of the Paying Agent by mailing of a check to the registered owner of the Bond. The Bonds shall be in the denomination of $5,000 or multiples thereof. The Bonds shall mature and bear in- terest as follows: Term Bond ~ Interest Principal Maturity Rate Amount June 1st ~ 7.50% $23, 025, 000. 2037 ~ (b) Optional Redemption. Bonds ma- turing after June 1, 2017 may be called for redemption by the Issuer, with the consent of the Company, and paid before maturity on such date or any date thereafter, from any funds regardless of source, in whole or from time to time in part, in any order of maturity and within an annual maturity by lot. The terms of redemption shall be par, plus accrued inter- est to date of call. (c) Mandatorv Redemption. The Bonds maturing as to principal on June 1, 2037 are Term Bonds, and shall be subject to mandatory redemption and payment at par and accrued interest in the principal amounts in each of the years set forth as follows: Bonds Maturing o-~ June 1, 2037 Principal Amount of Date of Redemption Mandatorv Redemption (June 1stl $ 285, 000 2011 305, 000 2012 330, 000 2013 355, 000 2014 380, 000 2015 410, 000 2016 440, 000 2017 475, 000 2018 510, 000 2019 550, 000 2020 590, 000 2021 635, 000 2022 680, 000 2023 730, 000 2024 785, 000 2025 845, 000 2026 910, 000 2027 975, 000 2028 1, 050, 000 2029 1,130, 000 2030 1,215, 000 2031 1, 305, 000 2032 1, 400, 000 2033 1, 505, 000 2034 1, 620, 000 2035 1, 740, 000 2036 1, 870, 000 2037* * Final Maturity (d) General Redemption Provisions. Thirty days' notice of any optional or extraordi- nary redemption shall be given by certified mail to the registered owner of the Bonds. Failure to give such notice by mail to any reg- istered owner of the Bonds or any defect therein shall not affect the validity of any pro- ceedings for the redemption of the Bonds. All Bonds or portions thereof called for redemp- tion will cease to bear interest after the speci- fied redemption date, provided funds for their redemption are on deposit at the place of payment. If selection by lot within a maturity is required, the Registrar shall designate the Bonds to be redeemed by random selection of the names of the registered owners of the en- tire annual maturity until the total amount of Bonds to be called has been reached. Section 6. Issuance of Bonds in Book- Entrv Form: Replacement Bonds. (a) Notwithstanding the other provi- sions of this Resolution regarding registration, ownership, transfer, payment and exchange of the Bonds, unless the Issuer determines to permit the exchange of Depository Bonds for Bonds in the Authorized Denominations, the Bonds shall be issued as Depository Bonds in denominations of the entire principal amount of each maturity of Bonds (or, if a portion of the Book 137 Regular Sesison, October 1, 2007 principal amount is prepaid, the principal amount less the prepaid amount); and such Depository Bonds shall be registered in the name of Cede & Co., as nominee of DTC. Payment of semi-annual interest for any De- pository Bond shall be made by wire transfer or New York Clearing House or equivalent next day funds to the account of Cede & Co. on the interest payment date for the Bonds at the address indicated in or pursuant to the Representation Letter. (b) With respect to Depository Bonds, neither the Issuer nor the Paying Agent shall have any responsibility or obligation to any Participant or to any Beneficial Owner. Without limiting the immediately preceding sentence, neither the Issuer nor the Paying Agent shall have any responsibility or obligation with re- spect to (i) the accuracy of the records of DTC or its nominee or of any Participant with re- spect to any ownership interest in the Bonds, (ii) the delivery to any Participant, any Benefi- cial Owner or any other person, other than DTC or its nominee, of any notice with respect to the Bonds, (iii) the payment to any Partici- pant, any Beneficial Owner or any other per- son, other than DTC or its nominee, of any amount with respect to the principal of, pre- mium, if any, or interest on the Bonds, or (iv) the failure of DTC to provide any informa- tion or notification on behalf of any Participant or Beneficial Owner. The Issuer and the Paying Agent may treat DTC or its nominee as, and deem DTC or its nominee to be, the absolute owner of each Bond for the purpose of payment of the prin- cipal of, premium, if any, and interest on such Bond, for the purpose of all other matters with respect to such Bond, for the purpose of regis- tering transfers with respect to such Bonds, and for all other purposes whatsoever (except for the giving of certain Bondholder consents, in accordance with the practices and proce- dures of DTC as may be applicable thereto). The Paying Agent shall pay all principal of, premium, if any, and interest on the Bonds only to or upon the order of the Bondholders as shown on the Registration Books, and all such payments shall be valid and effective to fully satisfy and discharge the Issuer's obliga- tions with respect to the principal of, premium, if any, and interest on the Bonds to the extent so paid. Notwithstanding the provisions of this Resolution to the contrary (including without limitation those provisions relating to the sur- render of Bonds, registration thereof, and is- suance in Authorized Denominations), as long as the Bonds are Depository Bonds, full effect shall be given to the Representation Letter and the procedures and practices of DTC the- reunder, and the Paying Agent shall comply therewith. (c) Upon (i) a determination by the Is- 363 suer that DTC is no longer able to carry out its functions or is otherwise determined unsatis- factory, or (ii) a determination by DTC that the Bonds are no longer eligible for its depository services or (iii) a determination by the Paying Agent that DTC has resigned or discontinued its services for the Bonds, if such substitution is authorized by law, the Issuer shall (A) designate a satisfactory substitute deposi- tory as set forth below or, if a satisfactory substitute is not found, (B) provide for the ex- change of Depository Bonds for replacement Bonds in Authorized Denominations. (d) To the extent authorized by law, if the Issuer determines to provide for the ex- change of Depository Bonds for Bonds in Au- thorized Denominations, the Issuer shall so notify the Paying Agent and shall provide the Registrar with a supply of executed unauthen- ticated Bonds to be so exchanged. The Regi- strar shall thereupon notify the owners of the Bonds and provide for such exchange, and to the extent that the Beneficial Owners are des- ignated as the transferee by the owners, the Bonds will be delivered in appropriate form, content and Authorized Denominations to the Beneficial Owners, as their interests appear. (e) Any substitute depository shall be designated in writing by the Issuer to the Pay- ing Agent. Any such substitute depository shall be a qualified and registered "clearing agency" as provided in Section 17A of the Securities Exchange Act of 1934, as amended. The substitute depository shall provide for (i) immobilization of the Depository Bonds, (ii) registration and transfer of interests in De- pository Bonds by book entries made on records of the depository or its nominee and (iii) payment of principal of, premium, if any, and interest on the Bonds in accordance with and as such interests may appear with respect to such book entries. Section 7. Reaistration of Bonds: Aoooint- ment of Reaistrar: Transfer: Ownership: Deli- very: and Cancellation. (a) Reaistration. The ownership of Bonds may be transferred only by the mak- ing of an entry upon the books kept for the registration and transfer of ownership of the Bonds, and in no other way. Wells Far- go Bank, National Association is hereby appointed as Bond Registrar under the terms of this Resolution and under the pro- visions of a separate agreement with the Issuer filed herewith which is made a part hereof by this reference. Registrar shall maintain the books of the Issuer for the registration of ownership of the Bonds for the payment of principal of and interest on the Bonds as provided in this Resolution. All Bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.83(5) of the Code of 364 Regular Session, October 1, 2007 Book 137 Iowa, subject to the provisions for registra- tion and transfer contained in the Bonds and in this Resolution. (b) Transfer. The ownership of any Bond may be transferred only upon the Registration Books kept for the registration and transfer of Bonds and only upon sur- render thereof at the office of the Registrar together with an assignment duly executed by the holder or his duly authorized attor- ney in fact in such form as shall be satis- factory to the Registrar, along with the ad- dress and social security number or federal employer identification number of such transferee (or, if registration is to be made in the name of multiple individuals, of all such transferees). In the event that the ad- dress of the registered owner of a Bond (other than a registered owner which is the nominee of the broker or dealer in ques- tion) is that of a broker or dealer, there must be disclosed on the Registration Books the information pertaining to the reg- istered owner required above. Upon the transfer of any such Bonds, anew fully registered Bond, of any denomination or denominations permitted by this Resolution in aggregate principal amount equal to the unmatured and unredeemed principal amount of such transferred fully registered Bonds, and bearing interest at the same rate and maturing on the same date or dates shall be delivered by the Registrar. (c) Reaistration of Transferred Bonds. In all cases of the transfer of the Bonds, the Registrar shall register, at the earliest practicable time, on the Registration Books, the Bonds, in accordance with the provisions of this Resolution. (d) Ownership. As to any Bond, the person in whose name the ownership of the same shall be registered on the Regis- tration Books of the Registrar shall be deemed and regarded as the absolute owner thereof for all purposes, and pay- ment of or on account of the principal of any such Bonds and the premium, if any, and interest thereon shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to sa- tisfy and discharge the liability upon such Bonds, including the interest thereon, to the extent of the sum or sums so paid. (e) Cancellation. All Bonds which have been redeemed shall not be reissued but shall be cancelled by the Registrar. All Bonds which are cancelled by the Regi- strar shall be destroyed and a certificate of the destruction thereof shall be furnished promptly to the Issuer; provided that if the Issuer shall so direct, the Registrar shall forward the cancelled Bonds to the Issuer. (f) Non-Presentment of Bonds. In the event any payment check representing payment of principal of or interest on the Bonds is returned to the Paying Agent or is not presented for payment of principal at the maturity or redemption date, if funds sufficient to pay such principal of or interest on Bonds shall have been made available to the Paying Agent for the benefit of the owner thereof, all liability of the Issuer to the owner thereof for such interest or pay- ment of such Bonds shall forthwith cease, terminate and be completely discharged, and thereupon it shall be the duty of the Paying Agent to hold such funds, without liability for interest thereon, for the benefit of the owner of such Bonds who shall the- reafter be restricted exclusively to such funds for any claim of whatever nature on his part under this Resolution or on, or with respect to, such interest or Bonds. The Paying Agent's obligation to hold such funds shall continue for a period equal to two years interest or principal became due, whether at maturity, or at the date fixed for redemption thereof, or otherwise, at which time the Paying Agent, shall surrender any remaining funds so held to the Issuer, whe- reupon any claim under this Resolution by the Owners of such interest or Bonds of whatever nature shall be made upon the Issuer. Section 8. Reissuance of Mutilated. De- stroyed. Stolen or Lost Bonds. In case any outstanding Bonds shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the request of Registrar authenticate and de- liver anew Bond of like tenor and amount as the Bonds so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bonds to Registrar, upon surrender of such mutilated Bonds, or in lieu of and subs- titution for the Bond destroyed, stolen or lost, upon filing with the Registrar evidence satis- factory to the Registrar and Issuer that such Bonds have been destroyed, stolen or lost and proof of ownership thereof, and upon furnish- ing the Registrar and Issuer with satisfactory indemnity and complying with such other rea- sonable regulations as the Issuer or its agent may prescribe and paying such expenses as the Issuer may incur in connection therewith. Section 9. Record Date. Payments of prin- cipal and interest, otherwise than upon full redemption, made in respect of any Bonds, shall be made to the registered holder thereof or to their designated agent as the same ap- pear on the books of the Registrar on the 15th day of the month preceding the payment date. All such payments shall fully discharge the obligations of the Issuer in respect of such Bonds to the extent of the payments so made. Payment of principal shall only be made upon Book 137 Regular Sesison, October 1, 2007 surrender of the Bonds to the Paying Agent. Section 10. Execution. Authentication and Delivery of the Bonds. Upon the adoption of this Resolution, the Mayor and Clerk shall ex- ecute and deliver the Bonds to the Registrar, who shall authenticate the Bonds and deliver the same to or upon order of the Original Pur- chaser. No Bonds shall be valid or obligatory for any purpose or shall be entitled to any right or benefit hereunder unless the Registrar shall duly endorse and execute on such Bonds a Certificate of Authentication substantially in the form of the Certificate herein set forth. Such Certificate upon any Bonds executed on behalf of the Issuer shall be conclusive evidence that the Bonds so authenticated has been duly issued under this Resolution and that the holder thereof is entitled to the benefits of this Resolution. Section 11. Riaht to Name Substitute Pav- ina Aaent or Reaistrar. Issuer reserves the right to name a substitute, successor Registrar or Paying Agent upon giving prompt written notice to each registered Bondholder. No Bonds shall be authenticated and delivered by the Registrar, unless and until there shall have been provided the following: X A certified copy of the resolution of Issuer authorizing the issuance of the Bonds. X A written order of Issuer signed by the City Treasurer directing the au- thentication and delivery of the Bonds to or upon the order of the Original Purchaser upon payment of the pur- chase price as set forth therein. X The opinion of Ahlers & Cooney, P.C., Bond Counsel, affirming the va- lidity and legality of all the Bonds pro- posed to be issued. Section 12. Form of Bonds. Bonds shall be printed in substantial compliance with stan- dards proposed by the American Standards Institute substantially in the form as [provided] The text of the Bonds to be located thereon at the item numbers shown shall be as [pro- vided] Interest and principal shall be paid to the registered holder of the Bonds as shown on the records of ownership maintained by the Registrar as of the 15th day preceding such interest payment date. Interest shall be com- puted on the basis of a 360-day year of twelve 30-day months. THE ISSUER DOES NOT INTEND OR REPRESENT THAT THE INTEREST ON THE BONDS WILL BE EXCLUDED FROM GROSS INCOME FOR FEDERAL INCOME TAX PURPOSES, AND THE ISSUER IS NOT OB- LIGATED TO TAKE ANY ACTION TO AT- TEMPT TO SECURE ANY SUCH EXCLU- SION. THE HOLDER OF THE BONDS THEREFORE SHOULD TREAT THE INTER- 365 EST THEREON AS BEING SUBJECT TO FEDERAL INCOME TAXATION. This Bond is issued pursuant to the provi- sions of Section 403.9 of the Code of Iowa, as amended, for the purpose of paying costs of aiding in the planning, undertaking and carry- ing out of urban renewal project activities un- derthe authority of Chapter 403 of the Code of Iowa and the Amended and Restated Urban Renewal Plan for the Greater Downtown Ur- ban Renewal Project Area, including those costs associated with (i) the construction of a multi-level public parking ramp facility in the Amended and Restated Port of Dubuque, pur- suant to the Port of Dubuque Public Parking Facility Development Agreement dated Octo- ber 1, 2007, as amended, between the City of Dubuque, Iowa and Diamond Jo, LLC (the "Company"), (ii) the funding of a debt service reserve fund and a capitalized interest fund for the Bonds, and (iii) the payment of costs asso- ciated with the issuance of the Bonds, in con- formity to a Resolution of the Council of the City duly passed and approved (the "Resolu- tion"). Unless this certificate is presented by an authorized representative of The Depository Trust Company, a limited purpose trust com- pany ("DTC"), to the Issuer or its agent for registration of transfer, exchange or payment, and any certificate issued is registered in the name of Cede & Co. or such other name as requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE OR OTHER USE HE- REOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. Bonds maturing after June 1, 2017 may be called for redemption by the Issuer, with the consent of the Company, and paid before ma- turity on such date or any date thereafter, from any funds regardless of source, in whole or from time to time in part, in any order of ma- turity and within an annual maturity by lot. The terms of redemption shall be par, plus accrued interest to date of call. Bonds maturing on June 1, 2037 are sub- ject to mandatory redemption and payment at par and accrued interest, in the principal amounts set forth in the Resolution on June 1 on each of the years 2011 through 2037, in- clusive. Thirty days' notice of any optional or ex- traordinary redemption shall be given by certi- fied mail to the registered owner of the Bonds. Failure to give such notice by mail to any reg- istered owner of the Bonds or any defect therein shall not affect the validity of any pro- ceedings for the redemption of the Bonds. All 366 Regular Session, October 1, 2007 Book 137 Bonds or portions thereof called for redemp- tion will cease to bear interest after the speci- fied redemption date, provided funds for their redemption are on deposit at the place of payment. If selection by lot within a maturity is re- quired, the Registrar shall designate the Bonds to be redeemed by random selection of the names of the registered owners of the entire annual maturity until the total amount of Bonds to be called has been reached. Ownership of the Bonds may be trans- ferred only by transfer upon the books kept for such purpose by Wells Fargo Bank, National Association, the Registrar. Such transfer on the books shall occur only upon presentation and surrender of the Bonds at the office of the Registrar, together with an assignment duly executed by the owner hereof or his duly au- thorized attorney in the form as shall be satis- factory to the Registrar. Issuer reserves the right to substitute the Registrar and Paying Agent but shall, however, promptly give notice to registered Bondholders of such change. All Bonds shall be negotiable as provided in Ar- ticle 8 of the Uniform Commercial Code and Section 384.83(5) of the Code of Iowa, subject to the provisions for registration and transfer contained in the Bond Resolution. The Bonds, as provided in the Resolution of which notice is hereby given and is hereby made a part hereof, are payable from and se- cured solely and only by a pledge of the tax increment revenues ("incremental taxes") col- lected in respect of certain Development Prop- erty and the Development constructed there- on, each as defined and provided in said Resolution, which are located within the Greater Downtown Urban Renewal District (the "Project Area") of the City of Dubuque, Iowa, as referred to and authorized in subsec- tion 2 of Section 403.19 of the Code of Iowa, as amended. The receipt of such incremental taxes is secured by a Minimum Assessment Agreement between the City and the Compa- ny, as owner of the aforementioned Develop- ment Property, under which the Company has agreed to a minimum assessed value for the Development Property and the Development constructed thereon which is sufficient in amount to generate the incremental taxes ne- cessary for the payments on the Bonds. There has heretofore been established and the City covenants and agrees that it will maintain in force an ordinance providing for the division of incremental taxes within the Project Area and for the establishment of a sinking fund to meet the principal of and interest on the Bonds as the same becomes due. The Bonds are not payable in any manner from incremental taxes collected in respect of other properties within the Project Area or by general taxation and under no circumstances shall the City be in any manner liable by reason of the failure of the pledged incremental taxes to be sufficient for the payment hereof. And it is hereby represented and certified that all acts, conditions and things requisite, according to the laws and Constitution of the State of Iowa, to exist, to be had, to be done, or to be performed precedent to the lawful issue of the Bonds, have been existent, had, done and performed as required by law. IN TESTIMONY WHEREOF, said City by its City Council has caused the Bonds to be signed by the manual signature of its Mayor and attested by the manual signature of its City Clerk, with the seal of said City impressed hereon, and authenticated by the manual sig- nature of an authorized representative of the Registrar, Wells Fargo Bank, National Asso- ciation, Des Moines, Iowa. Section 13. Eaualitv of Lien. The timely payment of principal of and interest on the Bonds shall be secured equally and ratably by the Development Tax Increments collected and allocated to the Diamond Jo TIF Account without priority by reason of number or time of sale or delivery; and the Development Tax Increments collected and allocated to the Di- amond Jo TIF Account are hereby irrevocably pledged to the timely payment of both principal and interest as the same become due. Section 14. Proiect Fund: Application of Bond Proceeds. There is hereby established a Project Fund, and within such Project Fund, a Construction Account, a Capitalized Interest Account, a North Fagade Account, and a Costs of Issuance Account. The balance of the proceeds (net of underwriter's discount) of the issuance and delivery of the Bonds shall be credited or deposited and applied as follows: (a) $75,042.77 of the proceeds of the Bonds shall be deposited in the Costs of Is- suance Account of the Project Fund and shall be disbursed to pay costs of issuance of the Bonds and the fees and expenses incurred by the City and the Company in connection with the issuance of the Bonds. (b) $3,674,150.21 of the proceeds of the Bonds shall be deposited in the Capitalized Interest Account of the Project Fund. The Is- suer shall, not less than five business days prior to each interest payment date in the pe- riod prior to construction, during construction and for up to 24 months after completion of construction, or until June 1, 2011, if earlier (the "Capitalized Interest Period"), transfer to the Sinking Fund from the Capitalized Interest Account an amount sufficient to pay interest on the Bonds on such interest payment date. (c) $2,015,125.00 of the proceeds of the Bonds shall be deposited in the Reserve Fund created under Section 16 hereof. (d) $686,000.00 of the proceeds of the Bonds shall be deposited in the North Fagade Book 137 Regular Sesison, October 1, 2007 Account of the Project Fund and may be dis- bursed, at the election of Issuer, to pay for the costs of constructing the North Fagade Alter- nate. (e) $17,000,432.02 of the proceeds of the Bonds, representing the remaining balance of said proceeds, shall be deposited in the Con- struction Account of the Project Fund. Money on deposit in the Construction Account shall be paid out from time to time by the Issuer in order to pay for the costs of constructing the Parking Facility. Any amounts remaining in the Costs of Is- suance Account on June 1, 2008 shall be transferred to the Construction Account and the Costs of Issuance Account shall be closed. Any amounts remaining in the Capitalized In- terest Account after the Capitalized Interest Period shall be transferred to the Construction Account, and the Capitalized Interest Account shall be closed. All amounts remaining in the North Fagade Account on June 1, 2012 shall be transferred to the Redemption Account of the Sinking Fund, and the North Fagade Ac- count shall be closed. When all of the eligible construction costs of the Parking Facility have been paid, any remaining balance in the Project Fund shall be transferred to the Re- demption Account of the Sinking Fund and the Project Fund shall be closed. Subject to the limitations contained in Code Section 403.9(1) any amounts on hand in the Project Fund shall be available for the pay- ment of the principal of or interest on the Bonds at any time that other funds shall be insufficient to the purpose, in which event such funds shall be repaid to the Project Fund at the earliest opportunity. Any balance on hand in the Project Fund and not immediately required for its purposes may be invested not inconsis- tent with limitations provided by law or this Resolution. All income derived from the in- vestment of amounts held in Project Fund shall be retained in the applicable account of the Project Fund and applied to the specific pur- poses thereof. Section 15. Tax Levv. After its adoption, a copy of this Resolution shall be filed in the office of the County Auditor of Dubuque Coun- ty to evidence the pledging of a portion of the Greater Downtown Urban Renewal District Tax Increment Revenue Fund and the portion of taxes to be paid into the Diamond Jo TIF Ac- count and, pursuant to the direction of Section 403.19 of the Code of Iowa, the Auditor shall thereafter allocate the taxes in accordance therewith and in accordance with the Ordin- ance referred to in the preamble hereof. The Minimum Assessment Agreement shall be recorded in the office of the County Recorder of Dubuque County, as provided in Section 403.6 of the Code of Iowa, as amended. It is hereby certified that the annual amount 367 of Tax Increments to be collected in respect of the Development Property and the Develop- ment located thereon pursuant to Section 403.19(2) of the Code of Iowa shall be not less than the annual requirement for principal and interest on the Bonds, as follows: Amount of Fiscal Year Principal (July 1 to June 30) and Interest Year of Collection $2, 011, 875 2010/2011 2, 010, 500 2011 /2012 2,012,625 2012/2013 2, 012, 875 2013/2014 2,011,250 2014/2015 2, 012, 750 2015/2016 2, 012, 000 2016/2017 2, 014, 000 2017/2018 2, 013, 375 2018/2019 2, 015,125 2019/2020 2, 013, 875 2020/2021 2, 014, 625 2021 /2022 2, 012, 000 2022/2023 2, 011, 000 2023/2024 2, 011, 250 2024/2025 2, 012, 375 2025/2026 2, 014, 000 2026/2027 2, 010, 750 2027/2028 2,012,625 2028/2029 2, 013, 875 2029/2030 2, 014,125 2030/2031 2, 013, 000 2031 /2032 2, 010,125 2032/2033 2, 010,125 2033/2034 2,012,250 2034/2035 2, 010, 750 2035/2036 2,010,250 2036/2037 Section 16. Application of Revenues. From and after the delivery of the Bonds, and as long as the Bonds shall be outstanding and unpaid either as to principal or as to interest, or until the Bonds shall have been discharged and satisfied in the manner provided in this Resolution, the Development Tax Increments collected in respect of the Development Prop- erty and the Development located thereon shall be deposited as collected in the Diamond Jo TIF Account and shall be disbursed only as fo I I ows: (a) Sinkina Fund. There is hereby established and shall be maintained a special fund within the Diamond Jo TIF Account from which interest and principal on the Bonds will be paid. The fund shall be known as the Di- amond Jo Bond Principal and Interest Fund (the "Sinking Fund"). The amount to be deposited in the Sinking Fund in any year shall be an amount equal to the interest and principal coming due on such Bonds during the 368 Regular Se: Fiscal Year. Money shall be first de- posited into the Interest Account of the Sinking Fund to an amount equal to the interest falling due in each Fis- cal Year. Money shall next be depo- sited into the Principal Account of the Sinking Fund to an amount equal to the principal falling due in each Fiscal Year. All income derived from the in- vestment of amounts held in the Sink- ing Fund and the Reserve Fund shall be deposited into the Sinking Fund. Money in the Sinking Fund shall be used solely for the purpose of paying principal of and interest on the Bonds, as the same shall become due and payable, or in the case of amounts held in the Redemption Account, upon the optional or extraordinary re- demption of the Bonds. (b) Reserve Fund. Money in the Revenue Fund shall next be dis- bursed to maintain a debt service re- serve in an amount equal to the Re- serve Fund Requirement. Such fund shall be known as the Diamond Jo Debt Service Reserve Fund (the "Re- serve Fund"). In each month there shall be deposited in the Reserve Fund an amount equal to 25 percent of the amount required by this Reso- lution to be deposited in such month in the Sinking Fund; provided, how- ever, that when the amount on depo- sit in the Reserve Fund shall be not less than the Reserve Fund Re- quirement, no further deposits shall be made into the Reserve Fund ex- cept to maintain such level, and when the amount on deposit in the Reserve Fund is greater than the balance re- quired above, such additional amounts shall be withdrawn and paid into the Sinking Fund. Money in the Reserve Fund shall be used solely for the purpose of paying principal at ma- turity of or interest on the Bonds for the payment of which insufficient money shall be available in the Sink- ing Fund. Whenever it shall become necessary to so use money in the Reserve Fund, the payments required above shall be continued or resumed until it shall have been restored to the required minimum amount. (c) Surplus Revenue. All revenues thereafter remaining in the Diamond Jo TIF Account shall be deposited in a surplus revenue fund known as the Surplus Fund (the "Surplus Fund"). All amounts on deposit in the Surplus Fund may be used (i) to remedy any deficiency in any of the funds created ~sion, October 1, 2007 Book 137 by this Resolution, or (ii) to pay or reimburse the Issuer for other loans, moneys advanced to or indebtedness incurred to finance or refinance in whole or in part the project of the Company, as permitted by law, or (iii) to pay or redeem the Bonds or (iv) for any other lawful purpose. All income derived from the investment of amounts held in the Surplus Fund shall be retained in the Surplus Fund and regarded as revenues thereof. Moneys on hand in the Project Fund and all of the funds provided by this Section may be invested only in direct obligations of the United States Government or deposited in financial institutions which are members of the Federal Deposit Insurance Corporation ("FDIC") and the deposits in which are insured thereby and all such deposits exceeding the maximum amount insured from time to time by FDIC or its equivalent successor in any one financial institution shall be continuously se- cured by a valid pledge of direct obligations of the United States Government having an equivalent market value. Alternatively, such moneys may be invested in tax-exempt bonds or obligations of any state or political subdivi- sion thereof which are rated by Moody's Inves- tors Service or Standard & Poor's Corporation at a rating classification equal to "A" or better or, in the case of short-term obligations, a rat- ing of MIG-1, S&P-1 or better, or other lawful investments as may be authorized under the City's investment policy. All such interim in- vestments shall mature before the date on which the moneys are required for the purpos- es for which said fund was created or other- wise as herein provided. The provisions of this Section shall not be construed to require the Issuer to maintain separate bank accounts for the funds created by this Section; except the Sinking Fund and Reserve Fund each shall be maintained in a separate account but may be invested in conjunction with other funds of the City but designated as a trust fund on the books and records of the City. Section 17. General Covenants. The Issuer hereby covenants and agrees with each and every holder of the Bonds: (a) The Issuer will maintain the Urban Renewal Plan and the Ordin- ance in force and will cause the in- cremental taxes from the Develop- ment Property and the Development to be levied annually and certified to the County Auditor in an amount not less than the principal and interest falling due within the year, and ap- plied as provided in this Resolution, unless the Bonds are paid or suffi- cient provision for their payment is made; provided, however, that to the Book 137 Regular Sesison, October 1, 2007 369 extent that amounts are on hand and upon written request thereof. are sufficient to meet the payments (f) The Issuer will preserve and required to be made and to maintain protect the security of the Bonds and a sufficient balance in each fund as the rights of the holders of the Bonds, required by this Resolution, the Issuer and will warrant and defend their may abate the levy of incremental rights against all claims and demands taxes in any year. of all persons. From and after the (b) The Issuer will punctually pay sale and delivery of the Bonds by the or cause to be paid from the Sinking Issuer, the Bonds shall be incontest- Fund, Reserve Fund or the Surplus able by the Issuer. Fund the principal of and interest on (g) The Issuer will adopt, make, the Bonds in strict conformity with the execute and deliver any and all such terms of the Bonds and this Resolu- further resolutions, instruments and tion, and it will faithfully observe and assurance as may be reasonably ne- perform all of the conditions, cove- cessary to carry out the intention of, Hants and requirements thereof and or to facilitate the performance of, this hereof. Resolution, and for the better assur- (c) The Issuer will pay and dis- ing and confirming unto the holders of charge, or cause to be paid and dis- the Bonds the rights and benefits charged, from the Sinking Fund, Re- provided in this Resolution. serve Fund or the Surplus Fund, any (h) As long as any portion of the and all lawful claims which, if unpaid, Bonds remain outstanding, the Issuer might become a lien or a charge upon will continue to deposit and apply the the Development Tax Increments, or Development Tax Increments as pro- any part thereof, or which might im- vided herein. The Issuer covenants pair the security of the Bonds. Noth- and agrees with the holders of the ing herein contained shall require the Bonds so long as any portion of the Issuer to make any such payments so Bonds remain outstanding, the Issuer long as the Issuer in good faith shall will take no action or fail to take any contest the validity of said claims. action which in any way would ad- (d) The Issuer will keep, or versely affect the ability of the Issuer cause to be kept, proper books of to allocate or collect the Development record and accounts, separate from Tax Increments. The Issuer and its all other records and accounts of the officers will comply with all present Issuer, in which complete and correct and future applicable laws in order to entries shall be made of all transac- assure that the Development Tax In- tions relating to the Development Tax crements may be collected and de- Increments. Such books of record posited into the Diamond Jo TIF Ac- and accounts shall at all times during count for the credit of the respective business hours be subject to inspec- funds and accounts thereof, as pro- tion by the holders of not less than vided herein. 10% of the principal amount of the (i) The Issuer will faithfully and Bonds then outstanding, or their rep- punctually perform all duties with ref- resentatives authorized in writing. erence to the Urban Renewal Plan (e) The Issuer will prepare or required by the Constitution and laws cause the preparation of within 180 of the State of Iowa, and will segre- days after the close of each Fiscal gate the revenues of the Project Area Year of the Issuer so long as any of and apply said revenues to the funds the Bonds remain outstanding, com- as specified in this Resolution. plete financial statements with re- (j) The Issuer reserves the right spect to the preceding Fiscal Year to amend the Urban Renewal Plan for showing the Development Tax Incre- the Project Area and the Ordinance in ments received, and all disburse- its lawful discretion; provided, that in ments from the funds and accounts no event shall obligations resulting created by this Resolution, including from an amendment or merger the- the balances in all funds and ac- reof have any priority over the Bonds. counts relating to the Bonds as of the Section 18. Continuina Disclosure. The (s- end of such Fiscal Year, which suer hereby covenants and agrees that it will statements shall be accompanied by comply with and carry out all of the provisions a certificate or written opinion of an of the Continuing Disclosure Certificate, and independent certified public accoun- the provisions of the Continuing Disclosure tant. The Issuer shall furnish a copy Certificate are hereby approved and incorpo- of such statements to any Bondholder rated by reference as part of this Resolution 370 Regular Session, October 1, 2007 Book 137 and made a part hereof and the Mayor and City Clerk are hereby authorized to execute and deliver the same at issuance of the Bonds. Notwithstanding any other provision of this Resolution, failure of the Issuer to comply with the Continuing Disclosure Certificate shall not be considered an event of default under this Resolution; however, any holder of the Bonds or Beneficial Owner may take such actions as may be necessary and appropriate, including seeking specific performance by court order, to cause the Issuer to comply with its obligations under the Continuing Disclosure Certificate. For purposes of this Section, "Beneficial Own- er" means any person which (a) has the pow- er, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Bonds (including persons holding Bonds through nominees, depositories or other inter- mediaries), or (b) is treated as the owner of any Bonds for federal income tax purposes. Section 19. Prior Lien and Paritv Bonds. The Issuer will issue no other bonds or obliga- tions of any kind or nature payable from or enjoying a lien or claim on the property or rev- enues of the Diamond Jo TIF Account having priority over the Bonds. Additional Bonds may be issued on a parity and equality of rank with the Bonds with respect to the lien and claim of such additional obligations to the revenues of the Diamond Jo TIF Account and the money on deposit in the funds created in this Resolution, for the pur- pose of refunding any of the Bonds, and for no other purpose, if (i) the Company shall have consented in writing to the issuance of said refunding Bonds and (ii) the Issuer shall have obtained a report from an independent auditor or financial advisor demonstrating that the refunding will reduce the total debt service payments on the Bonds being refunded on a present value basis or, as an alternative to, and in lieu thereof, the Bonds are being re- funded under arrangements which immediately result in making provisions for the payment of the refunded Bonds. Notwithstanding anything in this Sec- tion to the contrary, the Issuer reserves the right to issue other obligations payable from the Tax Increments collected in respect of oth- er properties within the Project Area, without notice to or consent of the Original Purchaser or other holders of the Bonds, on such terms as the Issuer determines to be appropriate, in its sole discretion. Section 20. Discharae and Satisfaction of Bonds. The covenants, liens and pledges en- tered into, created or imposed pursuant to this Resolution may be fully discharged and satis- fied with respect to the Bonds in any one or more of the following ways: (a) By paying the Bonds when the same shall become due and pay- able; or (b) By depositing in trust with the Treasurer, or with a corporate trustee designated by the governing body for the payment of said obligations and irrevocably appropriated exclusively to that purpose an amount in cash or direct obligations of the United States the maturities and income of which shall be sufficient to retire at maturity, or by redemption prior to maturity on a designated date upon which said obligations may be redeemed, all of such obligations outstanding at the time, together with the interest there- on to maturity or to the designated redemption date, premiums thereon, if any that may be payable on the re- demption of the same; provided that proper notice of redemption of all such obligations to be redeemed shall have been previously published or provisions shall have been made for such publication. Upon such payment or deposit of money or securities, or both, in the amount and manner provided by this Section, all liability of the Is- suer with respect to the Bonds shall cease, determine and be completely discharged, and the holders thereof shall be entitled only to payment out of the money or securities so deposited. Section 21. Events of Default. An Event of Default is one or more of the following: (a) A default shall be made in the due and punctual payment of the principal or redemption price of any Bond when and as the same shall become due and payable, whether at maturity or by call or proceedings for redemp- tion, or otherwise; (b) A default shall be made in the due and punctual payment of any install- ment of interest on any Bond when and as such interest installment shall become due and payable; or (c) A default shall be made by the Is- suer or the Company in the perfor- mance or observance of any other of the covenants, agreements or condi- tions on their part in this Resolution or in the Bonds contained, or in the Min- imum Assessment Agreement, and such default shall have continued for a period of 30 day after written notice specifying such default and requiring that it shall have been remedied is given to the Issuer, the Company and to the Paying Agent by the owners of not less than 25% in principal amount of the Bonds outstanding; provided that, if such failure cannot be cor- rected within such 30 days period, it Book 137 Regular Sesison, October 1, 2007 shall not constitute an Event of De- fault if corrective action is instituted within such period and such correc- tive action is diligently pursued until the failure is corrected, provided that if such corrective action includes legal action such legal action shall be dili- gently pursued until either the failure is corrected or such failure shall be determined by a court of final and competent jurisdiction as not correct- able as a matter of law. Section 22. Remedies. In the event that an Event of Default described in Section 21 shall occur and be continuing, the holders of a ma- jority in principal amount of the outstanding Bonds shall have the right to appoint a trustee with the power and responsibility to take pos- session of the funds and accounts of the Issu- er created under this Resolution, to collect the Development Tax Increments, and to take such other actions as said trustee may deem necessary to comply with this Resolution or the Minimum Assessment Agreement, and to assure that the Development Tax Increments will be collected in amounts sufficient to pay all principal of and interest on the Bonds. The right of the holders of the Bonds to require the appointment of such a trustee shall not be exclusive, and upon the occurrence of an Event of Default as herein outlined, such hold- ers shall have the right to proceed at law or in equity, in any form of action which shall to them seem appropriate. The holders of the Bonds shall have no right to accelerate any payment obligation of the Issuer with respect to the Bonds. No holder of any Bond shall have the right to institute any proceeding, judicial or otherwise, for the enforcement of the cove- nants herein contained, except as provided in this Section. The holders of not less than a majority in principal amount of the outstanding Bonds shall have the right, either at law or in equity, through suit, action or other proceed- ings, to protest and enforce the rights of all holders of such Bonds and to compel the per- formance of any and all of the covenants re- quired herein to be performed by the Issuer, and its officers and employees, including but not limited to the collection and proper segre- gation of the Development Tax Increments and the application and use thereof. The holders of a majority in principal amount of outstanding Bonds shall have the right to direct the time, method and place of conducting any proceed- ing for any remedy available to the Bondhold- ers or the exercise of any power conferred on them and the right to waive a default in the performance of any such covenant, and its consequences, except a default in the pay- ment of the principal of or interest on any Bond when due. Nothing herein, however, shall im- 371 pair the absolute and unconditional right of the holder of each Bond to receive payment of the principal of, premium, if any, and interest on such Bond as such principal, premium and interest respectively become due, and to insti- tute suit for any such payment. Section 23. Resolution a Contract. The provisions of this Resolution shall constitute a contract between the Issuer and the holder or holders of the Bonds, and after the issuance of any of the Bonds no change, variation or alte- ration of any kind in the provisions of this Res- olution shall be made in any manner, except as provided in the next succeeding Sections, until such time as all of the Bonds, and interest due thereon, shall have been satisfied and discharged as provided in this Resolution. Section 24. Amendment of Resolution Without Consent. The Issuer may, without the consent of or notice to any of the holders of the Bonds, amend or supplement this Resolu- tion for any one or more of the following pur- poses: (a) to cure any ambiguity, defect, omission or inconsistent provision in this Resolution or in the Bonds; or to comply with any application provision of law or regulation of federal or state agencies; provided, however, that such action shall not materially adversely affect the interests of the holders of the Bonds; (b) to grant to or confer upon the holders of the Bonds any additional rights, remedies, powers or authority that may lawfully be granted to or conferred upon the holders of the Bonds; (c) to add to the covenants and agreements of the Issuer contained in this Resolution other covenants and agree- ments of, or conditions or restrictions upon, the Issuer or to surrender or eliminate any right or power reserved to or conferred upon the Issuer in this Resolution; or (d) to subject to the lien and pledge of this Resolution additional pledged reve- nues as may be permitted by law. Section 25. Amendment of Resolution Reauirina Consent. This Resolution may be amended from time to time if such amendment shall have been consented to by holders of not less than two-thirds in principal amount of the Bonds at any time outstanding; but this Reso- lution may not be so amended in such manner as to: (a) Make any change in the maturity or interest rate of the Bonds, or modify the terms of payment of principal of or in- terest on the Bonds or any of them or im- pose any conditions with respect to such payment; (b) Materially affect the rights of the holders of less than all of the Bonds then outstanding; and 372 Regular Session, October 1, 2007 Book 137 (c) Reduce the percentage of the principal amount of Bonds, the consent of the holders of which is required to effect a further amendment. Whenever the Issuer shall propose to amend this Resolution under the provisions of this Section, it shall cause notice of the pro- posed amendment to be filed with the Original Purchaser and to be mailed by certified mail to each registered owner of any Bond as shown by the records of the Registrar. Such notice shall set forth the nature of the proposed amendment and shall state that a copy of the proposed amendatory Resolution is on file in the office of the City Clerk. Whenever at any time within one year from the date of the mailing of the notice there shall be filed with the City Clerk an instrument or instruments executed by the holders of at least two-thirds in aggregate principal amount of the Bonds then outstanding as in this Sec- tion defined, which instrument or instruments shall refer to the proposed amendatory Reso- lution described in the notice and shall specifi- cally consent to and approve the adoption the- reof, thereupon, but not otherwise, the Govern- ing Body of the Issuer may adopt such amen- datory Resolution and such Resolution shall become effective and binding upon the holders of all of the Bonds. Any consent given by the holder of a Bond pursuant to the provisions of this Section shall be irrevocable for a period of six months from the date of the instrument evidencing such consent and shall be conclusive and binding upon all future holders of the same Bond during such period. Such consent may be revoked at any time after six months from the date of such instrument by the holder who gave such consent or by a successor in title by filing notice of such revocation with the City Clerk. The fact and date of the execution of any instrument under the provisions of this Section may be proved by the certificate of any officer in any jurisdiction who by the laws the- reof is authorized to take acknowledgments of deeds within such jurisdiction that the person signing such instrument acknowledged before him the execution thereof, or may be proved by an affidavit of a witness to such execution sworn to before such officer. The amount and numbers of the Bonds held by any person executing such in- strument and the date of his holding the same may be proved by an affidavit by such person or by a certificate executed by an officer of a bank or trust company showing that on the date therein mentioned such person had on deposit with such bank or trust company the Bonds described in such certificate. Section 26. Severabilitv. If any section, pa- ragraph, or provision of this Resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions. Section 27. Repeal of Conflicting Ordin- ances or Resolutions and Effective Date. All other ordinances, resolutions and orders, or parts thereof, in conflict with the provisions of this Resolution are, to the extent of such con- flict, hereby repealed; and this Resolution shall be in effect from and after its adoption. Passed and approved this 1St day of Octo- ber, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Awarding Construction Contract for the Port of Dubuque Public Parking Facility Project: City Manager recommending approval of the Third Agreement between the City of Dubuque and Kraemer Brothers, LLC and award of the public improvement contract for the Port of Dubuque Public Parking Facility Project to Kraemer Brothers, LLC. Motion by Jones to receive and file the documents and adopt Resolution No. 488-07 Approving the Third Agreement between the City of Dubu- que, Iowa and Kraemer Brothers, LLC extend- ing the bid for the construction of the Port of Dubuque Public Parking Facility and Resolu- tion No. 489-07 Awarding Public Improvement Contract for the Port of Dubuque Public Park- ing Facility Project to Kraemer Brothers, LLC. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 488-07 APPROVING THE THIRD AGREEMENT BE- TWEEN THE CITY OF DUBUQUE, IOWA AND KRAEMER BROTHERS, LLC EXTEND- ING THE BID FOR THE CONSTRUCTION OF THE PORT OF DUBUQUE PUBLIC PARK- ING FACILITY WHEREAS, City of Dubuque, a municipal corporation of the State of Iowa (City), has heretofore approved plans, specifications and form of contract for the Port of Dubuque Public Parking Facility (the Project) which, among other things, allow the City up to 30 days to accept or reject bids for construction of the Project; and WHEREAS, by Resolution No. 372-07 adopted July 2, 2007, the City Council autho- rized the advertisement for bids for the con- struction of the Port of Dubuque Public Parking Facility Project; and WHEREAS, City opened bids for construc- tion of the Project on July 25, 2007, and Kraemer Brothers, LLC (Kraemer) was the only bidder that submitted a bid at such time; and WHEREAS, Kraemer's bid expired on the 24t" day of August, 2007; and WHEREAS, Kraemer agreed to extend its Book 137 Regular Sesison, October 1, 2007 bid through September 19, 2007; and WHEREAS, City has made an additional request that Kraemer extend its bid through October 19, 2007; and WHEREAS, in consideration for City for- bearing the rebidding of the Project, Kraemer is willing to extend its bid on the terms and conditions set forth in the attached Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOW: SECTION 1. The Agreement attached he- reto is hereby approved. SECTION 2. The Mayor is authorized and directed to sign the Agreement on behalf of the City of Dubuque. Passed, approved, and adopted this 1St day of October, 2007 Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 489-07 AWARDING THE PUBLIC IMPROVEMENT CONTRACT FOR THE PORT OF DUBUQUE PUBLIC PARKING FACILITY PROJECT Whereas, a sealed proposal was submitted by Kraemer Brothers, LLC (Kraemer) for the Port of Dubuque Public Parking Facility Project (the Project) pursuant to Resolution and Notice to Bidders published on the 6t" day of July, 2007. Whereas, said sealed proposal was opened and read on the 25t" day of July, 2007, and Kraemer with a bid in the amount of $18,692,000, as revised pursuant to the First, Second and Third Agreements between the City of Dubuque and Kraemer, was the only 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 Project is hereby awarded to Kraemer and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. Passed, approved and adopted this 1St day of October, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Comprehensive Plan Update: City Manag- er requesting that the Mayor and City Council select a date for a work session to discuss the Comprehensive Plan update. Communication from the Long Range Planning Advisory Commission recommending that the City Council not accept the City Attor- ney's suggested changes. Motion by Cline to receive and file the doc- uments and set a work session for December 10 at 6 p.m. in the Historic Federal Building. Seconded by Connors. Michalski noted the 373 increase in funding in areas of the Compre- hensive Plan such as mental health. She be- lieved the City is doing things it can't do or shouldn't be involved in. Cline said that the City shouldn't put itself at risk by having to do things. Buol said there will be discussion among Council. Braig said there needs to be an agenda and a description of what Council's role is as well as a set of instructions. Motion carried 7-0. COUNCIL MEMBER REPORTS Buol said that because of the improve- ments made for the Iowa League of Cities Conference, the City looks beautiful and very impressive. He congratulated the City Manag- er on being awarded City Manager of the Year by the Iowa City/County Management Associa- tion. Cline submitted correspondence from John Markham, 1724 Geraldine, regarding the Sis- ter City Program. PUBLIC INPUT Evelyn Bross submitted correspondence and spoke regarding her concerns with Jack- son Park and youth mentoring. There being no further business, upon mo- tion the City Council adjourned at 9:20 p.m. /s/ Jeanne F. Schneider, CMC City Clerk 374 Special Session, October 8, 2007 Book 137 CITY OF DUBUQUE, IOWA CITY COUNCIL OFFICIAL PROCEEDINGS The Dubuque City Council met in special session at 6:30 p.m. on October 8, 2007, in the Historic Federal Building Present: Mayor Buol, City Council Mem- bers Braig, Cline, Connors, Jones, Lynch, Act- ing City Manager Randy Peck; City Attorney Barry Lindahl Also Present: John White, 409 Burch Street Mayor Buol read the call and stated this was a special session called for the purpose of conducting a hearing on the matter of 409 Burch Street and Declaration of a Public Nuis- ance. Mayor Buol swore-in the prospective wit- nesses. Property owner John White objected to the hearing being held stating his attorney, who could not be present, had requested a continuance. Assistant City Attorney Crenna Brumwell, representing the City of Dubuque, submitted the returns of service showing service of the Notice of Hearing on John White. John White submitted photos of the subject property taken at 5:00 p.m., October 8, 2007. The City called Housing and Community Development Director David Harris as a wit- ness. Harris testified that the Housing and Community Development Department was first notified of problems at 409 Burch Street in 2003. Complaints included storage of con- struction equipment, wild animals on the prop- erty, and the appearance of the property. He stated that after the first complaint, the de- partment actively inspected the premises with site visits and meetings with the owner, John White. Beginning in 2005 a monthly progress report was submitted to the City Manager. The City offered into evidence Exhibit #1, 236 pages of enforcement records, including inspection reports, progress reports, photo- graphs and correspondence to the City Man- ager, as evidence. White objected stating that the City was presenting material from the past and the purpose of the hearing was to deter- mine if the property constituted a public nuis- ance today (October 8, 2007). Assistant City Attorney Brumwell responded that the exhibit was offered as background material to show the enforcement history. The objection was overruled. The City offered into evidence Exhibit #2, photographs from October 4, 2007, and Exhibit #3, photographs from October 8, 2007, as evidence, noting that there was still an incom- plete exterior on the building and that it contin- ued to be unoccupied. The exhibits were ad- mitted. On cross-examination, White questioned why the City contended that the shell was in- complete, stating that according to national building standards, it was complete. David Harris provided information as to what constituted an incomplete shell. The City called Housing Inspector Roger Benz, who reviewed the photographs taken over the past several years stating they were an accurate depiction of the condition of the structure throughout the enforcement process. White stated he had no questions for the wit- ness. The City rested its case. White reiterated that he objected to the hearing as he had no counsel present and that it was his understanding that the hearing was to be on the current condition of the structure, not past history of enforcement. He contended that the photographs taken by him as of 5:00 p.m., October 8, 2007, clearly showed that the exterior of the home was nearly complete and that calling it a "public nuisance" was a "traves- ty " After discussion by the City Council, Buol read proposed findings and there was concur- rence that the evidence showed the following violations of the City of Dubuque Code of Or- dinances: 1. The building has stood with an in- complete exterior shell for longer than one year. 2. The building is and has been unoc- cupied for several years. 3. Rainwater is not properly drained from every roof so as not to cause dampness in the walls, ceilings or floors of any habitable room, or of any bathroom or water closet compart- ment. 4. Porches, patios and balconies lo- cated more than thirty inches (30") higher than the adjacent area are not provided with protective guardrails. Connors moved to adopt the proposed De- cision that the building is a public nuisance and that the City Manager be ordered to abate Book 137 Regular Session, October 15, 2007 375 the public nuisance in any manner authorized CITY OF DUBUQUE, IOWA by law, including condemnation and conveying CITY COUNCIL the property to a private individual for rehabili- tation or for demolition and construction of OFFICIAL housing as provided in Iowa Code Section PROCEEDINGS 364.12A. Seconded by Braig. Motion carried 6- 1 with Lynch voting nay. The City Council met in regular session at 6:30 p.m. on October 15, 2007, in the Historic There being no further business, upon mo- Federal Building. tion the meeting was adjourned at 8:00 p.m. Present: Mayor Buol, Council Members /s/Jeanne F. Schneider, CMC Braig, Cline, Connors, Jones, Lynch, Michals- City Clerk ki, 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 Council. INVOCATION Invocation was provided by Pastor Chris- topher English, Third Presbyterian Church PROCLAMATIONS Toastmasters Day (October 22, 2007) was accepted by William Kuttler, 22641 Starview Drive, and Kelly Nielson; Veterans Apprecia- tion Day (October 31, 2007) was accepted by Eileen LeMay and Eric Fitzpatrick of Iowa Workforce Development, 590 Iowa Street; Disability Employment Awareness Month (Oc- tober, 2007) was accepted by Jean Wuertzer of Area Residential Care, 2455 Kerper Blvd.; Save for Retirement Week (October 21-27, 2007) was accepted by Personnel Director Randy Peck; and Bea Santa to a Senior Month (November, 2007). PRESENTATION A gift from the Mayor of Handan was pre- sented to the Mayor of Dubuque by Dick Lan- dis, 2390 Clark Crest Drive, and Dirk Voet- berg, 779 University Avenue. CONSENT ITEMS Motion by Cline to receive and file the doc- uments and dispose of as indicated. Seconded by Lynch. Tom Welu of 2602 Broadway and Council Members Braig and Cline requested (#3) Contract for Eagle Point Bluff Tree Re- moval and Stabilization Project be held for separate discussion. Council Members Cline and Connors requested (#11) Purchase of Property at Entrance to Eagle Point Park be held for separate discussion. Motion carried 7-0. Minutes and Reports Submitted: City Council of 10/1 and 10/8; Civil Service Com- mission of 9/11 and 9/17; Historic Preservation 376 Regular Session, October 15, 2007 Book 137 Commission of 9/20; Human Rights Commis- sion of 9/4 and 9/10; Transit Trustee Board of 9/13; Zoning Advisory Commission of 10/3; Zoning Board of Adjustment of 9/27 Proof of publication of City Council Pro- ceedings of September 17 and 19, 2007 and List of Claims and Summary of Revenues for month ending August 31, 2007. Upon motion the documents were received and filed. Notice of Claims/Suits: Kurt Becker for an- imal injury; Tina L. Cantu for vehicle damage; Agnes M. Decker for property damage; Neil Kelley for property damage; HSBC Mortgage Services, Inc. vs. Daniel C. Kalloway, City of Dubuque, et al; Jonathan Barz for property damage; Rhonda Gassman for vehicle dam- age; Leonard Diederichs for property damage; Pearl Dubler for property damage. Upon mo- tion 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 Com- munities Assurance Pool: Neil E. Kelley for property damage; Agnes M. Decker for proper- ty damage; Pearl L. Dubler for property dam- age; Leonard Diederichs for property damage; Jonathan Barz for property damage; Rhonda Gassman for property damage. City Attorney recommending approval of the claim of Tina Cantu for vehicle damage. Upon motion the documents were received, filed, concurred, and directed to the Finance Department for issuance of payment. Contract for the Eagle Point Bluff Tree Removal and Stabilization Project: City Man- ager recommending award of the contract for the Eagle Point Bluff Tree Removal and Stabi- lization Project to Hi-Tech Rockfall Construc- tion, Inc. in the amount of $100,300.00. Motion by Cline to receive and file the documents and approve. Seconded by Braig. Tom Welu, 2602 Broadway, asked if taxpayers would be reim- bursed since the developer caused the prob- lem. City Attorney Lindahl said that Council directed the work to be done and would seek reimbursement from the responsible party. Braig provided a history of the project and read a staff memo for background saying that the project will happen using taxpayer money, but the City will try to recover it. Cline said that the City has been dealing with this since May 2005 and is doing it for safety reasons. Motion car- ried 7-0. North Fork Catfish Creek Interceptor Sew- er Project: City Manager recommending autho- rization to submit an application for FEMA Ha- zard Mitigation Grant Program funds for the sanitary sewer improvements associated with the North Fork Catfish Creek Sanitary and Stormwater Drainage Improvements Project. Upon motion the documents were received and filed and Resolution No. 506-07 Authoriz- ing the submission of an application for Hazard Mitigation Grant Program funds for the sanitary sewer improvements associated with the North Fork Catfish Creek Sanitary and Stormwater Drainage Improvements Project was adopted. RESOLUTION NO. 506-07 AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR HAZARD MITIGATION GRANT PROGRAM FUNDS FOR THE SANI- TARY SEWER IMPROVEMENTS ASSO- CIATED WITH THE NORTH FORK CATFISH CREEK SANITARY AND STORMWATER DRAINAGE IMPROVEMENTS PROJECT Whereas, the Iowa Department of Homel- and Security & Emergency Management has announced the availability of Hazard Mitigation Grant Program (HMGP) funds. Whereas, the sanitary sewer improve- ments associated with the North Fork Catfish Creek Sanitary and Stormwater Drainage Im- provements Project are eligible activities for HMGP funding. Whereas, the Iowa Department of Homel- and Security & Emergency Management has invited the City to submit a formal application for HMGP Project grant funding for the project. Whereas, the HMGP requires fifteen per- cent (15%) local matching funds. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the submission of an appli- cation for Hazard Mitigation Grant Program (HMGP) funds for the sanitary sewer im- provements associated with the North Fork Catfish Creek Sanitary and Stormwater Drai- nage Improvements Project is hereby autho- rized. Section 2. That the City of Dubuque agrees to allocate the local matching funds as re- quired by the HMGP. Passed, approved and adopted this 15t" day of October, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Iowa Department of Public Health (IDPH) Childhood Lead Poisoning Funding: City Man- ager recommending execution of a contract with the Dubuque County Board of Health for continued funding of the Childhood Lead Poi- soning Prevention Program (CLPPP) and a renewed agreement with the Visiting Nurse Association (VNA) for services related to the CLPPP. Upon motion the documents were received, filed, and approved. Isaac Hanna Subdivision -Final Plat: Zon- ing Advisory Commission recommending ap- proval of the final plat of Isaac Hanna Subdivi- sion as requested by Isaac Hanna, LLC / George Isaac. Upon motion the documents Book 137 Regular Session, October 15, 2007 were received and filed and Resolution No. 507-07 Approving the final plat of Isaac Hanna Subdivision in the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 507-07 A RESOLUTION APPROVING THE FINAL PLAT OF ISAAC HANNA SUBDIVISION IN THE CITY OF DUBUQUE, IOWA. Whereas, there has been filed with the City Clerk the Final Plat Of Isaac Hanna Subdivi- sion in the City of Dubuque, Iowa; and Whereas, upon said final plat appears cer- tain public utility easements, which the owners by said final plat have dedicated to the public forever; and Whereas, the final plat has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said final plat has been ex- amined by the City Council and they find that it conforms to the statutes and ordinances relat- ing to it, except that public utilities have yet been constructed or installed; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of ease- ments for public utilities as they appear upon said final plat, be and the same are hereby accepted; and Section 2. That the Final Plat Of Isaac Hanna 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 here- to attached agreeing: a. To install sanitary sewer mains and sewer service laterals into each indi- vidual lot, all in accordance with the City of Dubuque standard specifica- tions, all in a manner acceptable to the City Engineer, and in accordance with construction improvement plans approved by the City Engineer, and inspected by the City Engineer. b. To construct a storm water detention facility in a manner acceptable to the City Engineer in accordance with the City of Dubuque standard specifica- tions, in accordance with construction improvement plans approved by the City Engineer, and inspected by the City Engineer. c. To construct said improvements, prior to two (2) years from the date of ac- ceptance of this resolution, at the sole expense of the owners, or future owner; d. To maintain the public improvements, for a period of two (2) years from the date of the acceptance of those im- 377 provements by the City of Dubuque, Iowa, at the sole expense of the own- ers, or future owner; And further provided that said Isaac Han- na, LLC, as owner of said property, shall se- cure the performance of the foregoing condi- tions provided in this Section by providing guarantees in such form and with such sure- ties as may be acceptable to the City Manager of the City of Dubuque, Iowa. Section 3. Sidewalk installation shall be the responsibility of the owner abutting the public rights-of-way, including lots with multiple fron- tages, as required by City Code 41-161 through 41-164. The responsibility shall extend to all successors, heirs and assignees. Side- walk installation will not be required until curb and gutter has been constructed on Old High- way Road and recommended by the City Council. Section 4. The installation of water service laterals into each lot and payment of water connection fees shall be the responsibility of the owner of the lot. This responsibility shall extend to all successors, hairs and assignees. Section 5. That the developer will maintain the detention facility constructed as part of Isaac Hanna Subdivision until it has been fully completed and 75% of the sum of the platted lots in the entire Isaac Hanna Subdivision are fully developed and the remaining 25% of these lots have installed adequate erosion control measures as approved by the City. Upon the City's acceptance of the detention facility, the maintenance expenses incurred by the City of Dubuque for the storm water deten- tion facility (Lot A) shall be assessed against the lot owners of Isaac Hanna Subdivision, in equal amounts, excluding Lot A, and the City Manager shall certify such costs to the City Clerk, who in turn shall promptly certify such costs to the Dubuque County Treasurer, and such costs shall then be collected with and in the same manner as general property taxes in accordance with provision of law. Section 6. That the final acceptance of all public improvements shall occur upon certifica- tion of the City Engineer to the City Council that all public improvements have been com- pleted in accordance with the improvement plans and City Standards and Specifications and accepted by City Council resolution. Section 7. In the event the owner shall fail to execute the acceptance and furnish the guarantees provided in Section 2 hereof within 180 days after the date of this resolution, the provision hereof shall be null and void and the acceptance of the dedication and approval of the plat shall not be effective. Passed, approved and adopted this 15t" day of October 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 378 Regular Session, October 15, 2007 Book 137 ACCEPTANCE OF RESOLUTION NO. 507-07 I, George Isaac, the undersigned, representing Isaac Hanna, LLC, having read the terms and conditions of the Resolution No. 507-07 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated this 7th day of February 2008. /s/George Isaac Fifth and White Streets -Plat of Survey: Zoning Advisory Commission recommending approval of the Plat of Survey of Fifth and White Streets as requested by the City of Du- buque. Upon motion the documents were re- ceived and filed and Resolution No. 508-07 Approving the Plat of Survey of Lot 1-1 and Lot 2-1 of a part of Lot 1 of Milwaukee Industrial Tract No. 1 was adopted. RESOLUTION NO. 508-07 RESOLUTION APPROVING THE PLAT OF SURVEY OF LOT 1-1 AND LOT 2-1 OF A PART OF LOT 1 OF MILWAUKEE INDUS- TRIAL TRACT NO. 1 Whereas, there has been filed with the City Clerk a Plat of Survey of Lot 1-1 and Lot 2-1 of a Part of Lot 1 of Milwaukee Industrial Tract No. 1 in the City of Dubuque; and Whereas, said Plat of Survey has been ex- amined by the Zoning Advisory Commission and its approval endorsed thereon; and Whereas, said Plat of Survey has been ex- amined by the City Council and they find that it conforms to the statutes and ordinances relat- ing thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 42-19(b) of the Subdivision Regulations is waived to allow Lot 2-1 to have 0 feet of frontage, where 50 feet of lot frontage is required and 828 square feet of lot area, where 5,000 square feet of lot area is required. Section 2. That the Plat of Survey of Lot 1- 1 and Lot 2-1 of a Part of Lot 1 of Milwaukee Industrial Tract No. 1 is hereby approved and the Mayor and City Clerk are hereby is autho- rized and directed to endorse the approval of the City of Dubuque, Iowa upon said Plat of Survey. Passed, approved and adopted this 15t" day of October 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Claussen Place -Plat of Plat: Zoning Ad- visory Commission recommending approval of the Plat of Survey of Claussen Place located north of the Lenox Street /Pennsylvania Ave- nue intersection as requested by William Burger /Paul and Cathleen Claussen. Upon motion the documents were received and filed and Resolution No. 509-07 Approving the Plat of Survey of Claussen Place was adopted. RESOLUTION NO. 509- 07 APPROVING THE PLAT OF SURVEY CLAUSSEN PLACE Whereas, there has been filed with the City Clerk a Plat of Survey Claussen Place in the City of Dubuque; and Whereas, said Plat of Survey has been ex- amined by the Zoning Advisory Commission and its approval endorsed thereon; and Whereas, said Plat of Survey has been ex- amined by the City Council and they find that it conforms to the statutes and ordinances relat- ing thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 42-19(b) of the Subdivision Regulations is waived to allow Lot 1 and Lot 2 to have 0 feet of frontage, where 50 feet of lot frontage is required and Lot 2 to have 1,742 square feet of lot area, where 5,000 square feet is required. Section 2. That the Plat of Survey Claus- sen Place is hereby approved and the Mayor and City Clerk are hereby is authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said Plat of Survey. Passed, approved and adopted this 15t" day of October 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Tax Appeal -Notice of Voluntary Settle- ment: Corporation Counsel submitting a Notice of Voluntary Settlement and Stipulation of Set- tlement of a tax assessment appeal by Kathryn Dean. Upon motion the documents were re- ceived, filed, and approved. Giese Properties, LLC: Communication from Brian J. Kane, Counsel for Giese Proper- ties, LLC, advising that the Giese Properties, LLC have complied with the provisions of the March 4, 2002 Development Agreement and requesting written acknowledgement thereof from the City. Upon motion the documents were received and filed and referred to the City Manager. Purchase of Property at Entrance to Eagle Point Park: City Manager recommending ap- proval of a purchase agreement for a piece of property at the entrance to Eagle Point Park. Motion by Connors to receive and file the doc- uments and approve. Seconded by Jones. Motion carried 7-0. Delta Queen: Communication from David Tschiggfrie, 2723 Shetland Court, requesting that City Council urge Congress to provide for Book 137 Regular Session, October 15, 2007 the permanent exemption of the steamer Delta Queen from the provisions of the Safety of Life at Sea Act of 1966. Upon motion the docu- ments were received and filed and referred to the City Manager. 1552 Maple Street -Purchase of Property: City Manager recommending approval of the purchase of a residential dwelling located at 1552 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 Reso- lution No. 510-07 Approving the acquisition of real estate located at 1552 Maple Street in the City of Dubuque was adopted. RESOLUTION NO. 510-07 A RESOLUTION APPROVING THE ACQUI- SITION OF REAL ESTATE LOCATED AT 1552 MAPLE STREET, IN THE CITY OF DU- BUQUE 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 recom- mended in the 2001 HDR "Drainage Basin Master Plan;" and WHEREAS, a purchase agreement has been finalized with the owner of the twenty- ninth property scheduled for acquisition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby approves the acquisition of the following legal- ly described property: Lot three hundred eigh- teen (318) in East Dubuque No. 2 Addition to the City of Dubuque, Iowa, according to the recorded plat thereof. At the cost of Eighty five thousand dollars ($85,000). 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 she is hereby authorized and directed to cause said Quit Claim Deed to be recorded in the office of the Dubuque County Recorder, to- getherwith 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. Passed, approved, and adopted this 15t" day of October, 2007. Roy D. Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk America's River Festival Funding: City Manager recommending approval of a contri- bution of $12,500 to the 2007 America's River Festival. Upon motion the documents were received, filed, and approved. 379 Passenger Rail Service: Communication from the Historic Preservation Commission in support of the Envision 2010 initiative of pas- senger rail service between Dubuque and Chi- cago, Illinois. Upon motion the documents were received and filed. Iowa Department of Transportation: Notifi- cation from the Iowa Department of Transpor- tation advising that the DOT proposes to let a steel girder repair project for the bridge that carries Grandview Avenue over US 52 within the City of Dubuque. Upon motion the docu- ments were received and filed. Medical Claims Audit and Operational Re- view Services: City Manager recommending approval of an agreement between the City of Dubuque and Fairfield and Associates for medical claims audit and operational review services. Upon motion the documents were received, filed, and approved. Municipal Ramp Hourly Rates: City Man- ager recommending approval of rate adjust- ments in the municipal parking ramps which are now possible with the installation of the new parking equipment. Upon motion the doc- uments were received, filed, and approved. Improvement Contracts / Performance, Payment and Maintenance Bonds: Upon mo- tion the documents were received and filed and Resolution No. 511-07 Approving public improvement contracts and bonds for the 2007 Sewer CIPP Lining Project and Clear Well Renovation Project was adopted. RESOLUTION NO. 511-07 APPROVING PUBLIC IMPROVEMENT CONTRACTS AND BONDS Whereas, the City Council has awarded the following public improvement contracts: 1. By Resolution No. 412-07, Public Im- provement Contract for the 2007 Sewer CIPP Lining Project to Visu-Sewer Clean and Seal, Inc.; and 2. By Resolution No. 448-07, Public Im- provement Contract for the Clear Well Reno- vation Project to Tricon General Construction; and Whereas, the Contractors have submitted the attached executed Public Improvement Contracts and bonds. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The Public Improvement Contracts and bonds attached hereto are hereby approved. Passed, approved and adopted this 15t" day of October, 2007. Roy D. Buol, Mayor 380 Regular Session, October 15, 2007 Book 137 Attest: Jeanne F. Schneider, CMC, City Clerk Business Licenses: City Manager recom- mending approval of annual liquor license re- newals as submitted. Upon motion the docu- ments were received and filed and Resolution No. 512-07 Granting the issuance of a Class B Beer Permit to Happy Joe's Pizza; and Class C Beer Permit to Big 10 Mart, Puff n Snuff, and Aldi, Inc.; and Resolution No. 513-07 Granting the issuance of a Class C Beer/Liquor License to Rainbow Lounge, The Grand Tap, Fountain Park Event Center, Joey's Seafood & Grill, Dog House Lounge, Europa Haus Restaurant, and Channel Inn; Special Class C Liquor Li- cense to Cafe Manna Java and Grape Harbor; and Class B Wine Permit to Aldi, Inc., were adopted. RESOLUTION NO. 512-07 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been ex- amined 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 J & P O'Hara, Inc., Happy Joe's Pizza Par- lor/Ice Cream+(Sunday Sale), 855 Century Dr. CLASS "C" BEER PERMIT Molo Oil Company, Big 10 Mart Car Wash+(Sunday Sale), 1875 JFK Rd. Molo Oil Company, Puff n Snuff +(Sunday Sale), 1101 Rhomberg Avenue Aldi, Inc., Aldi, Inc. #30 +(Sunday Sale), 2160 Holliday Drive Passed, approved and adopted this 15th day of October, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 513-07 Whereas, applications for Liquor Licenses have been submitted to this Council for ap- proval 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 Ordin- ances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS "C" BEER/LIQUOR LICENSE DAMA Corp., Rainbow Lounge+(Sunday Sale), 36 W 4t" St. James Kohl, The Grand Tap+(Sunday Sale), 802 Central Ave Fountain Park Event Center, Fountain Park Event Center +(Sunday/Outdoor Sale), 2728 Asbury Road Freihage Enterprises, Joey's Seafood & Grill+(Sunday/Outdoor Sale), 2515 NW Arterial Dog Gone, Inc., Dog House Lounge+(Sunday/Outdoor Sale), 1646 Asbury Road Europa Haus, Inc., Europa Haus Restau- rant & Bierstube, 1301 Rhomberg Ave. Carolyn Fonck, Channel Inn+(Sunday Sale), 2010'/2 Kerper Blvd. SPECIAL CLASS "C" LIQUOR LICENSE Cafe Manna Java LLC, Cafe Manna Java +(Sunday/Outdoor Sale), 269 Main St. Carroll's Wine Com., Grape Harbor +(Sunday Sale), 123 Main St. CLASS "B" WINE Aldi, Inc, Aldi, Inc. # 30, 2160 Holliday Dr. Passed, approved and adopted this 15t" day of October, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk BOARDS/COMMISSIONS An application to the following Commission was reviewed: Housing Advisory Trust Fund. One 3-year at-large term through August 8, 2010 -Term of Walsh. Applicant: John Walsh Appointment to the following Boards/Commissions: Building Code Board of Appeals: One 3-year at-large expired term through August 8, 2008 -Term of Gudenkauf. Applicant: Ronald Jahns. Motion by Michalski to appoint Ronald Jahns to a 3-year at-large expired term through August 8, 2008. Seconded by Connors. Motion carried 7-0. PUBLIC HEARINGS Upon motion the rules were suspended allow- ing anyone to address the City Council. English Ridge Subdivision -Request to Rezone: Proof of publication on notice of hear- ing to consider rezoning property located east of Stone Valley Drive on the west side of Eng- lish Mill Road from C-3 General Commercial District to R-1 Single-Family Residential Dis- trict as requested by Larry McDermott / Eng- lish Ridge LLC, and Zoning Advisory Commis- sion recommending approval. Motion by Con- nors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Book 137 Regular Session, October 15, 2007 Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Braig. Larry McDermott, 14907 Hwy 20 West spoke in favor of the proposed ordinance say- ing he has agreed to the conditions set by the Zoning Advisory Commission including a park, no access to collector street, and sewer. McDermott said that the conditions have put home pricing over the top and he is having to rethink the project or sell. He has experienced loss of property and construction costs and moderate homes are being priced out. This is a multi-million dollar project that he has been working with the City on since February. Plan- ning Services Manager provided a staff report and noted only one letter of objection was re- ceived. Motion by Connors for final consideration and passage of Ordinance No. 52-07 Amend- ing Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by rec- lassifying hereinafter described property lo- cated east of Stone Valley Drive from C-3 General Commercial District to R-1 Single- Family Residential District. Seconded by Braig. Motion carried 7-0 OFFICIAL PUBLICATION ORDINANCE NO. 52-07 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES, BY RECLASSIFYING HEREINAFTER DE- SCRIBED PROPERTY LOCATED EAST OF STONE VALLEY DRIVE FROM C-3 GENER- AL COMMERCIAL DISTRICT TO R-1 SIN- GLE-FAMILY RESIDENTIAL DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassify- ing the hereinafter described property from c-3 General Commercial District to R-1 Single- Family Residential District, to wit: Commenc- ing at the southeast corner of the NW'/4 NW'/4 Section 5, T88N, R2E, the point of beginning; thence South 89° 8' 57" West a distance of 635.25 feet along the South line of said NW'/4 NW '/4 Section 5 to the centerline of a natural gas pipeline easement; thence North 21° 45' 7" East a distance of 1039.99 feet along the centerline of said pipeline easement; thence continuing northeasterly along said centerline on an arc with a radius of 210 feet and a length of 222.61 feet, having a chord bearing North 52° 7' 12" East and a length of 212.33 feet; thence North 82° 29' 16" East a distance of 87.58 feet along said centerline to the Easterly line of the NW '/4 NW '/4 Section 5, T88N, R2E; thence South 0° 14' 33" West a distance of 57.52 feet along said East line of NW'/4 NW'/4 Section 5, 381 to the Northwest corner of the S '/2 NE '/4 NW '/4 Section 5; thence continuing South 0° 14' 33" West a distance of 1040.82 feet along the easterly line of said NW '/4 NW '/4 Section 5 to the point of beginning contain- ing 10.40 acres more or less, and to the center line of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advi- sory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by I aw. Passed, approved and adopted this 15t" day of October, 2007. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald the 19t" day of October, 2007. /s/Jeanne F. Schneider, CMC, City Clerk Nicole Ehlinger / Kress Industrial Facility LLC -Request to Rezone: Proof of publication on notice of hearing to consider rezoning property located on Seippel Road from R-1 Single-Family Residential District to CS Com- mercial Service and Wholesale District as re- quested by Nicole Ehlinger / Kress Industrial Facility LLC and Zoning Advisory Commission recommending approval. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Braig. Motion carried 7-0. Toby Kress, 12998 English Mill Road, agreed to the list of condi- tions by the Zoning Advisory Commission. Planning Services Manager Laura Carstens provided a staff report. Diane Brehm, 1248 Cottingham Road, spoke in opposition to the proposed ordinance saying it was a back door to other uses. Motion by Connors for final consideration and passage of Ordinance No. 53-07 Amend- ing Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by rec- lassifying hereinafter described property lo- cated near the southeast corner of Seippel Road and Old Highway Road from R-1 Single- Family Residential District to CS Commercial Service District with conditions. Seconded by Lynch. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 53-07 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DE- SCRIBED PROPERTY LOCATED NEAR THE 382 Regular Session, October 15, 2007 Book 137 SOUTHEAST CORNER OF SEIPPEL ROAD AND OLD HIGHWAY ROAD FROM R-1 SIN- GLE-FAMILY RESIDENTIAL DISTRICT TO CS COMMERCIAL SERVICE DISTRICT WITH CONDITIONS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassify- ing the hereinafter-described property from R- 1 Single-Family Residential District to CS Commercial Service District with conditions, to wit: Lot 1 of 2 of 2 of the SW-NW Section 31, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advi- sory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by I aw. Passed, approved and adopted this 15t" day of October, 2007. /s/Roy D. Buol, Mayor: Attest: Jeanne F. Schneider, CMC, City Clerk MEMORANDUM OF AGREEMENT Pursuant to the Iowa Code Section 414.5 (2005), and as an express condition of rezon- ing of the property described as: Lot 1 of 2 of 2 of the SW-NW Section 31, and to the center- line of the adjoining public right-of-way, all in the City of Dubuque, Iowa. which is the subject of Ordinance No. 53-07, a copy of which is attached hereto and incorpo- rated herein by reference, the undersigned property owners, agree to the following condi- tions, all of which the property owner further agrees are reasonable and are imposed to satisfy public needs which are caused directly by the rezoning: A) Conditions 1) That uses 17 -Auto Service Centers, 19 -Auto Repair/Body Shop, 20 -Truck Sales/Service Repair, 21 -Farm Implements, Sales and Service, 31 -Freight Transfer Facilities; 32 -Fuel/Ice Dealers and Manufacturing, 33 - Agricultural Supply Sales, 37 - Engine/Motor Sales, Service and Repair, 38 - Refrigeration Equipment and Supply, Sales and Service; 40 -Welding Ser- vices; 41 - Animal Hospit- al/Clinic; and 42 -Kennel, be eliminated from the list of permit- ted uses in the CS District. 2) That a 50-foot buffer be provided along the residentially-zoned property line. 3) That a vegetative buffer be pro- vided along the residentially- zoned property line as per City Landscaping and Screening re- quirements. 4) That the entire site shall be fenced and secured with a gated entrance. 5) That on-site storm water deten- tion be required. 6) That all vehicle use areas be paved. 7) That the hours of operation be limited from 6:00 a.m. to 10:00 p. m. 8) That any new outdoor lighting fix- ture shall utilize cut-off lumina- ries. B) Reclassification of the Subject Prop- erty. The City of Dubuque, Iowa may initiate zoning reclassification pro- ceedings to the District (which rezon- ing will include the removal of the per- formance standards in Section A above) if the property owner fails to complete any of the conditions or provisions of this Agreement. C) Modifications. Any modifications of this Agreement shall be considered a zoning reclassification and shall be subject to the provisions of the Zon- ing Ordinance governing zoning rec- lassifications. All such modifications must be approved by the City Council of Dubuque, Iowa. D) Recording. A copy of this Agreement shall be recorded with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this rezoning approval within ten (10) days of the adoption of Or- dinance No. 53-07. E) Construction. This Agreement shall be construed and interpreted as though it were part of Appendix A of the Code of Ordinances of the City of Dubuque, also known as the Zoning Ordinance of the City of Dubuque, Iowa. F) This Agreement shall be binding upon the undersigned and his/her heirs, successor and assignees. ACCEPTANCE OF ORDINANCE NO. 53-07 I, Toby Kress, Kress Industries, LLC, hav- ing read the terms and conditions of the fore- going Ordinance No. 53-07 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 15t" day of October, 2007. /s/Toby Kress, Kress Industries, LLC Published officially in the Telegraph Herald Book 137 Regular Session, October 15, 2007 Newspaper the 19t" day of October, 2007. /s/Jeanne F. Schneider, CMC, City Clerk 427 / 429 Rhomberg Avenue -Request to Rezone: Proof of publication on notice of hear- ing to consider rezoning property located at 427 / 429 Rhomberg Avenue and Parcel #10- 24-216-012 from R-2 Two-Family Residential District to OC Office Commercial District and C-3 General Commercial District as requested by Rich Billmeyer /John Mihalakis and Zoning Advisory Commission recommending denial. Motion by Connors to receive and file the doc- uments and concur with the denial. Seconded by Cline. David Schmitt, 2242 Central Avenue, and owner of Easy Street, 431 Rhomberg Avenue, spoke in favor of the proposed ordin- ance saying it put the property back to con- forming and that the area is 90% commercial. He said that they have had zero infractions. Michalski referenced a petition that noted lots of problems. Schmitt said they have an out- door liquor service license and are expanding it without music. He has talked to neighbors who signed the petition but told him they did not object so he was surprised at the opposi- tion. Lynch raised the issue of increased secu- rity Schmitt stated the exits are monitored and a solid fence has been constructed to contain noise. Cline questioned whether the addresses on the petition are those directly affected. Te- resa Caldwell, 1633 Elm Street, spoke on be- half of the Washington Neighborhood Associa- tion stating that they voted unanimously in opposition to the rezoning. Mary Westemeyer, 2013 Kniest Street said that she is worried about noise from the business usually during the summer when the windows are open. There is also the problem of broken bottles and glasses. Westemeyer said that P.J.'s bar closes around 11:00 p.m. and does not cause problems. She commented that if the property in question is sold, anything could go in. Linda Green, 421 Rhomberg, said there is a lot of noise and she can't sit out on her front porch. The business holds battle of the bands and there is no room for parking. She believes the area is residential and should stay that way. Upon rebuttal, Schmitt said that it is a highly commercial area, and he is trying to do the right thing. He has received permission to use the Hardee's parking lot and noted that there are only two private residences on [that sec- tion] of Elm Street and the remainder is com- mercial. Cline said that things could change but the Council needs to look out for residen- tial otherwise they are doing a disservice to those who live there now. She suggested they wait a couple of years and see what happens. Connors commented that Caldwell was sup- porting neighbors to the north and it is the City's initiative to support the Washington Neighborhood. She commended the Zoning Advisory Commission for their review. Mi- 383 chalski stated that bars in residential areas do not work. Planning Services Manager Laura Carstens and Zoning Advisory Commission Vice Chair Jeff Stiles provided a staff report. Motion to concur with the denial carried 7-0. General Obligation Refunding Bonds: Proof of publication on notice of hearing to consider the issuance of not to exceed $3,585,000 General Obligation Refunding Bonds, the advertisement of bonds for sale, and the form of Notice of Bond Sale and City Manager recommending approval. Motion by Cline to receive and file the documents and adopt Resolution No. 514-07 Instituting pro- ceedings to take additional action for the is- suance of not to exceed $3,585,000 General Obligation Refunding Bonds. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 514-07 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $3,585,000 GENERAL OBLIGATION REFUNDING BONDS WHEREAS, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $3,585,000 General Obligation Re- funding Bonds for the essential corporate pur- pose of paying costs of refunding and refinanc- ing of certain outstanding City indebtedness, consisting of the General Obligation Bonds, Series 2000C, dated November 1, 2000, and has considered the extent of objections re- ceived from residents or property owners as to the proposed issuance of Bonds; and, accor- dinglythe following action is now considered to be in the best interests of the City and resi- dents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council does hereby institute proceedings and take additional action for the sale and issuance in the manner re- quired by law of not to exceed $3,585,000 General Obligation Refunding Bonds for the foregoing essential corporate purpose. Section 2. The Clerk is authorized and di- rected to proceed on behalf of the City with the sale of Bonds, to select a date for the sale thereof, to cause to be prepared such notice and sale information as may appear appropri- ate, to publish and distribute the same on be- half of the City and this Council and otherwise to take all action necessary to permit the sale of Bonds on a basis favorable to the City and acceptable to the Council. Passed and approved this 15t" day of Oc- tober, 2007. Roy D. Buol, Mayor 384 Regular Session, October 15, 2007 Book 137 Attest: Jeanne F. Schneider, CMC, City Clerk. Attest: Jeanne F. Schneider, CMC, City Clerk General Obligation Bonds: Proof of publi- cation on notice of hearing to consider the issuance of not to exceed $1,200,000 General Obligation Bonds to support the Asbury Plaza Lift Station and Force Main Project, the adver- tisement of bonds for sale, and the form of Notice of Bond Sale and City Manager re- commending approval. Motion by Cline to re- ceive and file the documents and adopt Reso- lution No. 515-07 Instituting proceedings to take additional action for the issuance of not to exceed $1,200,000 General Obligation Bonds and Resolution No. 516-07 Directing the ad- vertisement for sale of General Obligation Bonds, Series 2007A, and General Obligation Refunding Bonds, Series 20076, and approv- ing electronic facsimile bidding procedures. Motion carried 7-0. RESOLUTION NO. 515-07 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $1,200,000 GENERAL OBLIGATION BONDS WHEREAS, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $1,200,000 General Obligation Bonds for the essential corporate purpose of paying costs of construction and installation of sanitary sewer improvements and extensions, including those costs associated with the As- bury Plaza Lift Station and Force Main Project, and has considered the extent of objections received from residents or property owners as to the proposed issuance of Bonds; and, ac- cordingly the following action is now consi- dered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council does hereby institute proceedings and take additional action for the sale and issuance in the manner re- quired by law of not to exceed $1,200,000 General Obligation Bonds for the foregoing essential corporate purpose. Section 2. The Clerk is authorized and di- rected to proceed on behalf of the City with the sale of Bonds, to select a date for the sale thereof, to cause to be prepared such notice and sale information as may appear appropri- ate, to publish and distribute the same on be- half of the City and this Council and otherwise to take all action necessary to permit the sale of Bonds on a basis favorable to the City and acceptable to the Council. Passed and approved this 15t" day of Oc- tober, 2007. Roy D. Buol, Mayor RESOLUTION NO. 516-07 RESOLUTION DIRECTING THE ADVERTI- SEMENT FOR SALE OF GENERAL OBLI- GATION BONDS, SERIES 2007A, AND GENERAL OBLIGATION REFUNDING BONDS, SERIES 20076, AND APPROVING ELECTRONIC FACSIMILE BIDDING PRO- CEDURES WHEREAS, the City of Dubuque, Iowa, is in need of funds to pay costs of construction and installation of sanitary sewer improve- ments and extensions, including those costs associated with the Asbury Plaza Lift Station and Force Main Project, an essential corporate purpose, and it is deemed necessary and ad- visable that the City issue general obligation bonds for said purpose in the amount of not to exceed $1,200,000 as authorized by Section 384.25 of the City Code of Iowa; and WHEREAS, pursuant to notice published as required by Section 384.25 this Council has held a public meeting and hearing upon the proposal to institute proceedings for the is- suance of the above described Bonds, and all objections, if any, to such Council action made by any resident or property owner of said City were received and considered by the Council; and it is the decision of the Council that addi- tional action be taken for the issuance of said Bonds, and that such action is considered to be in the best interests of said City and the residents thereof; and WHEREAS, the City also is in need of funds to pay costs of refunding and refinancing of certain outstanding City indebtedness, con- sisting of the General Obligation Bonds, Series 2000C, dated November 1, 2000, an essential corporate purpose, and it is deemed neces- sary and advisable that the City issue general obligation refunding bonds for said purpose to the amount of not to exceed $3,585,000 as authorized by Section 384.25 of the City Code of Iowa; and WHEREAS, pursuant to notice published as required by Section 384.25 this Council has held a public meeting and hearing upon the proposal to institute proceedings for the is- suance of the above described Bonds, and all objections, if any, to such Council action made by any resident or property owner of said City were received and considered by the Council; and it is the decision of the Council that addi- tional action be taken for the issuance of said Bonds, and that such action is considered to be in the best interests of said City and the residents thereof; and WHEREAS, the Council has received in- formation from its Financial Consultant re- commending the procedure hereinafter de- scribed for electronic facsimile bidding will maintain the integrity and security of the com- petitive bidding process and facilitate the deli- Book 137 Regular Session, October 15, 2007 very of bids by interested parties; and WHEREAS, the Council deems it in the best interests of the City and the residents thereof to receive bids to purchase such Bonds by means of both sealed and electronic facsimile communication. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the receipt of electronic bids by facsimile machine as described in the Notice of Sale are hereby found and deter- mined to provide reasonable security and to maintain the integrity of the competitive bid- ding process, and to facilitate the delivery of bids by interested parties in connection with the offering of the Bonds hereinafter described at public sale. Section 2. That the Clerk is hereby directed to publish notice of sale of said Bonds at least once, the last one of which shall be not less than four clear days nor more than twenty days before the date of the sale. Publication shall be made in the Telegraph Herald, a legal newspaper, printed wholly in the English lan- guage, published within the county in which the Bonds are to be offered for sale or an ad- jacent county. Said notice is given pursuant to Chapter 75 of the Code of Iowa, and shall state that this Council, on November 5, 2007 at 6:30 o'clock P. M., will hold a meeting to receive and act upon bids for said Bonds; said notice to be in substantially the [provided] form. Passed and approved this 15t" day of Oc- tober, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk REINSTATE THE RULES Upon motion the rules were reinstated li- miting discussion to the City Council. ACTION ITEMS Timber Hyrst Estates #2 -Preliminary Plat: Zoning Advisory Commission recommending approval of the preliminary plat of Timber Hyrst Estates #2 located on the extension of Creek- wood Drive as requested by Marty McNamer / North Cascade Road Development LLC. Mo- tion by Jones to receive and file the docu- ments and approve. Seconded by Lynch. Braig asked if run-off had been addressed and if permeable streets and driveways had been looked at. Marty McNamer, 1749 Creek Wood Drive, said that there is a lot of green space compared to the number of lots as well as bike paths and other plantings. 385 English Ridge Subdivision located east of Stone Valley Drive on the west side of English Mill Road as requested by Larry McDermott / English Ridge LLC. Motion by Cline to receive and file the documents and approve. Seconded by Jones. Buol said that the condi- tions cost a lot of money and has concerns that the cost of development in the City could be a "red flag." Lynch questioned whether the developer would be willing to install a park at a later time. Michalski said she encouraged parks in developments and was concerned that the developer didn't want a park. She was informed that there would be 34 three- bedroom homes for start-up families and "empty-nesters." Larry McDermott, 13384 BMR Lane, said that he felt that the location identified by the Zoning Advisory Commission was not a good place for a park. Planning Ser- vices Manager Laura Carstens said that a pre- liminary plant is a planning tool. Zoning Advi- sory Commission Vice Chair Jeff Stiles said that the plat would not have been approved by the Zoning Commission without these condi- tions, and the developer can recoup some value by re-platting. He said the Commission will continue to work with Larry McDermott before a final plat is approved. Motion carried 6-1. City Policy for Brick Sidewalks: City Man- ager recommending adoption of a policy that prohibits the installation of brick sidewalks in the traveled portion of the right-of-way, which shall be a minimum of four feet in width. Mo- tion by Michalski to receive and file the docu- ments and approve. Seconded by Cline. Mi- chalski said that this issue has been discussed many times and commended staff on a well- crafted policy. Motion carried 7-0. Code of Ordinances §33-9: City Manager recommending approval of an amendment to the Code of Ordinances §33-9 Indecent Expo- sure to correct an unintended consequence. Motion by Michalski to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Jones. Motion car- ried 7-0. Motion by Michalski for final consideration and passage of Ordinance No. 54-07 Amend- ing the City of Dubuque Code of Ordinances §33-9 Indecent Exposure by revising the title to Public Urination and Defecation and provid- ing for a scheduled fine for a violation of this section. Seconded by Braig. Motion carried 7-0. English Ridge Subdivision -Preliminary Plat: Zoning Advisory Commission recom- mending approval of the preliminary plat of 386 Regular Session, October 15, 2007 Book 137 OFFICIAL PUBLICATION ORDINANCE NO. 54-07 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES SECTION 33-9 INDECENT EXPOSURE BY REVISING THE TITLE FROM INDECENT EXPOSURE TO PUBLIC URINATION AND DEFECATION AND ALSO PROVIDING FOR A SCHEDULED FINE FOR A VIOLATION OF THIS SECTION NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. City of Dubuque Code of Ordin- ances Section 33-9 Indecent Exposure is he- reby amended to read as follows: Sec. 33-9. Public Urination or Defecation: It shall be un- lawful for any person to urinate or defecate in or upon any public or common property includ- ing, but not limited to streets, alleys, sidewalks or in any other place where the person could reasonably expect to be seen by the public. This section shall not apply to private re- strooms or public facilities designated for such purpose. The scheduled fine for a violation of this section shall be fifty dollars ($50.00). Section 2. This Ordinance shall take effect upon publication. Passed, approved and adopted this 15t" day of October, 2007. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald Newspaper the 19t" day of October, 2007. /s/Jeanne F. Schneider, CMC, City Clerk Code of Ordinances §32-321.275A: City Manager recommending approval of an amendment to the Code of Ordinances §32- 321.275A for skateboarding in parks to clarify that it is a $25 fine and not a simple misde- meanor. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Jones. Motion car- ried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 55-07 Amend- ing City of Dubuque Code of Ordinances Sec- tion 32-321.275A Use of Bicycles, Motor- cycles, etc. in Parks by adding a new Subpa- ragraph (f) providing for a scheduled fine for a violation of this section. Seconded by Braig. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 55-07 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES SECTION 32-321.275A USE OF BICYCLES, MOTORCYCLES, ETC. IN PARKS BY ADDING A NEW SUBPARA- GRAPH (f) PROVIDING FOR A SCHEDULED FINE FOR A VIOLATION OF THIS SECTION NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. City of Dubuque Code of Ordin- ances Section 32-321.275A Use of Bicycles, Motorcycles, Etc. In Parks is hereby amended to read as follows: Sec. 32-321.275A Use of Bicycles, Motorcycles, Etc. In Parks: (f) The scheduled fine for a violation of this section shall be twenty-five dollars ($25.00). Section 2. This Ordinance shall take effect upon publication. Passed, approved and adopted this 15t" day of October, 2007. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald Newspaper the 19t" day of October, 2007. /s/Jeanne F. Schneider, CMC, City Clerk Code of Ordinances §32-321.445 and §32- 321.446: City Manager recommending ap- proval of an amendment to the City of Dubu- que's safety belts and harness provision, as well as the child restraint ordinance to bring the ordinances into compliance with State Code amendments. Motion by Michalski to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Jones. Motion carried 7-0. Motion by Michalski for final consideration and passage of Ordinance No. 56-07 Amend- ing the City of Dubuque Code of Ordinances §32-321.445 Safety Belts and Safety Har- nesses and §32-321.446 Child Restraint Sys- tem. Seconded by Braig. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 56-07 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES SECTION 32-321.445 SAFE- TY BELTS AND SAFETY HARNESSES AND SECTION 32-321.446 CHILD RESTRAINT SYSTEM NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. City of Dubuque Code of Ordin- ances Section 32-321.445 Safety Belts and safety Harnesses is hereby amended to read as follows: Sec. 32-321.445. Safety belts and safety harnesses. (1) It shall be unlawful for any driver or front seat occupant of a 1966 model year or newer motor vehicle which is subject to registration in Iowa, except a motorcycle or a mo- torized bicycle, not to wear a prop- erly adjusted and fastened safety Book 137 Regular Session, October 15, 2007 387 belt or safety harness anytime the front seat passengers of motor vehicles vehicle is in forward motion on a owned, leased, rented, or primarily used by street in this city, except that a persons with physical disabilities who use child under eleven (11) years of collapsible wheelchairs, are hereby age shall be secured as required adopted by the City of Dubuque. under section 32-321.446 of this Section 2. City of Dubuque Code of Ordin- division. The safety belt or safety ances Section 32-321.446 Child Restraint Sys- harness system used in the vehicle tem is hereby amended to read as follows: must meet standards as required Sec. 32-321.446. Child Restraint Sys- under State of Iowa code section tem: 321.445(1) for safety belts and (1) It shall be unlawful for any person to safety harnesses. operate a motor vehicle transporting a child This section shall not apply to: under one year of age or weighing less (a) The driver or front seat oc- than twenty (20) pounds in a motor vehicle cupant of a motor vehicle which is which is subject to registration by the state, not required to be equipped for except a school bus or motorcycle without safety belts or safety harnesses first securing the child in a rear facing child under rules adopted by the Iowa restraint system which meets federal motor department of transportation. vehicle safety standards and is used in ac- (b) The driver and front seat cordance with the manufacturer's instruc- occupants of a motor vehicle who tions. are actively engaged in work (2) It shall be unlawful for any person to which requires them to alight from operate a motor vehicle transporting a child and reenter the vehicle at fre- under six (6) years of age who does not quent intervals, provided the ve- meet the description in paragraph (1) in a hicle does not exceed twenty five motor vehicle which is subject to registra- (25) miles per hour between tion by the state, except a school bus or stops. motorcycle without first securing the child (c) The driver of a motor ve- in a child restraint system which is used in hicle while performing duties as a accordance with the manufacturer's in- rural letter carrier for the U.S. structions. postal service. This exemption (3) A child at least six (6) years of age applies between the first delivery but under eleven (11) years of age who is point after leaving the post office being transported in a motor vehicle sub- and the last delivery point before ject to registration by the state, except a returning to the post office. school bus or motorcycle, shall be secured (d) Passengers of a bus. during transit by a child restraint system (e) A person possessing a that is used in accordance with the manu- written certification from a physi- facturer's instruction or by a safety belt or clan on a form provided by the safety harness. The safety belt or safety Iowa department of transportation harness system used in the vehicle must that the person is unable to wear meet standards as required under State of a safety belt or safety harness Iowa code section 321.445(1) for safety due to physical or medical rea- belts and safety harnesses. sons. The certification shall speci- (4) This section does not apply to: fy the time period for which the (a) peace officers acting on offi- exemption applies. The time pe- cial duty riod shall not exceed twelve (12) (b) the transportation of children months, at which time a new certi- in 1965 model year or older vehicles fication may be issued. (c) authorized emergency ve- (f) Front seat occupants of an hicles authorized emergency vehicle (d) buses while they are being transported (e) motor homes, except when in an emergency. However, this a child is transported in a motor exemption does not apply to the home's passenger seat situated di- driver of the authorized emergen- rectly to the driver's right, or cy vehicle. (f) the transportation of a child (2) The driver and front seat passen- who has been certified by a licensed gers may each be charged separately for physician as having a medical, physi- improperly used or non-used equipment cal, or mental condition which pre- under subsection (1). vents or makes inadvisable securing (3) The provisions adopted by the Iowa the child in a child restraint system, Department of Transportation, pursuant to safety belt or safety harness. State Code 321.445(5), for front seats and (5) An operator who violated subsec- 388 Regular Session, October 15, 2007 Book 137 tion 1 or 2 is guilty of a simple misdemea- nor and subject to the penalty provisions of State of Iowa Code section 805.8A, sub- section 14, paragraph "c". However, if a child is being transported in a taxicab in a manner that is not in compliance with sub- section (a) or (b), the parent, legal guar- dian, or other responsible adult traveling with the child shall be served with a citation for a violation of this section in lieu of the taxicab operator. (6) A person who is first charged for a violation of subsection (a) and who has not purchased or otherwise acquired a child restraint system shall not be convicted if the person produces in court, within a rea- sonable time, proof that the person has purchased or otherwise acquired a child restraint system which meets federal motor vehicle safety standards. (7) For purposes of this section, "child restraint system" means a specially de- signed seating system, including a belt- positioning seat or a booster seat that meets federal motor vehicle safety stan- dards. Section 3. This Ordinance shall take effect upon publication. Passed, approved and adopted this 15t" day of October, 2007. session stating that staff had been given prop- erdirection. There being no further business, upon mo- tion the Council adjourned at 8:56 p.m. /s/Jeanne F. Schneider, CMC City Clerk /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk Published officiall~r in the Telegraph Herald Newspaper the 19"day of October, 2007. /s/Jeanne F. Schneider, CMC, City Clerk National League of Cities: Communication from the National League of Cities requesting that the City Council designate a voting dele- gate and alternate for the upcoming National League of Cities meeting. Motion by Connors to receive and file the documents and appoint Council Members Michalski and Connors as the voting delegate and alternate respectively. Seconded by Cline. Motion carried 7-0. COUNCIL MEMBER REPORTS Jones reported on the successful visit of the Arkansas delegation and thanked staff for their support. Michalski reported on the success of the recent ribbon cutting for the McGraw-Hill headquarters building in the Port of Dubuque. CLOSED SESSION Upon motion the Council convened in closed session at 8:36 p.m. regarding Litiga- tion and Property Acquisition pursuant to Chapter 21.5(1)(c)(j) 2007 of the Code of Iowa. At 8:55 p.m. Council reconvened regular Book 137 Special Session, October 22, 2007 389 CITY OF DUBUQUE, IOWA CITY COUNCIL OFFICIAL PROCEEDINGS The Dubuque City Council met in special session at 5:00 p.m. on October 22, 2007, in the Historic Federal Building Present: Mayor Buol, City Council Mem- bers Braig, Cline, Jones, Lynch, Michalski Absent: City Council Member Connors, City Manager Van Milligen; City Attorney Barry Lindahl Mayor Buol read the call and stated this is a special session called for the purpose of approving a request from the University of Dubuque to display fireworks on Friday, Octo- ber 26, 2007 on the University of Dubuque campus. Communication from Rick Merfeld, Univer- sity of Dubuque Director of Residence Life, requesting permission to display fireworks on October 26, 2007 on the University of Dubu- que campus. Motion by Jones to receive and file the documents and approve the request. Seconded by Cline. Motion carried 7-0. There being no further business, upon mo- tion the meeting was adjourned at 5:01 p.m. /s/Jeanne F. Schneider, CMC City Clerk 390 Regular Session, November 5, 2007 Book 137 CITY OF DUBUQUE, IOWA CITY COUNCIL OFFICIAL PROCEEDINGS The Dubuque City Council met in regular session at 6:30 p.m. on November 5, 2007, in the Historic Federal Building Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michals- ki, 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 Council. Notice of Claims/Suits: Robin Leib for property damage; Mike Moore/Holiday Inn Dubuque for property damage; Terry Mozena for vehicle damage; James E. Newman for vehicle damage; Ethel and Bill Schneider for property damage; Qwest/CMR Claims for property damage at 986 West 5t" 996 West 5t", 896 West 5t", 999 West 5t" and 995 West 5t"; Richard Wright for vehicle damage; Robert E. Sabers et al. v. Callahan Construction, Inc. and the City of Dubuque for personal injuries; Michael Burds and the Association of Profes- sional Firefighters, Local 353 v. City of Dubu- que, an Iowa Municipal Corporation, Michael C. Van Milligen, and Dan Brown; Latanji Threadgill for personal injury; Wesley A. Heimke for property damage. Upon motion the documents were received and filed and re- ferred to the City Attorney. Invocation was provided by Mayor Roy D. Buol PROCLAMATIONS Philanthropy Day (November 15, 2007); Hospice of Dubuque Month (November, 2007) was accepted by Carole Carroll, 141 Princeton Place; Dubuque National Family Week (No- vember, 2007) was accepted by Brian Stutz- man, Four Oaks Foundation,180 W. 15t" Street; Allison Evans' Day (November 5, 2007) was accepted by Allison Evans, 1450 Alta Vis- ta Street. CONSENT ITEMS Motion by Cline to receive and file the doc- uments and dispose of as indicated. Seconded by Lynch. Planning Services Manager Laura Carstens requested (#23) Planning Excellence Award be held for separate discussion, and Joyce Connors requested (#25) NICC Small Business Director Award be held for separate discussion. Motion carried 7-0. Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 9/4 and 9/24; City Council of 10/15 and 10/22; Civil Service Commission of 10/11; Investment Oversight Advisory Commission of 10/24; Li- brary Board of Trustees of 6/15, 6/28, 7/26, 8/9, 8/23 and 9/14; Park and Recreation Commission of 10/16 Proofs of publication of City Council Pro- ceedings of October 1, 8, and 15, 2007 and List of Claims and Summary of Revenues for month ending September 30, 2007 Investment Oversight Advisory Commis- sion submitting the 58t" Quarterly Report. Upon motion the documents were received and filed. City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Com- munities Assurance Pool: James Newman for property damage; Ethel and Bill Schneider for property damage; Richard L. Wright for vehicle damage. City Attorney recommending that the claim of Tom Hoffman for vehicle damage be re- ferred to Selco, Inc.; the claim of Robin Leib for vehicle damage be referred to River City Paving; the claims of Qwest for property dam- age be referred to Horsfield Construction, Inc.; and the claim of Holiday Inn Dubuque be re- ferred to Portzen Construction. City Attorney recommending settlement of the claim of Terry Mozena for vehicle damage and directing the Finance Department to issue payment. Upon motion the documents were received and filed and concurred. Delta Queen: Communication from Neal Kapp urging support of legislation exempting the Delta Queen from the provisions of the 1966 Safety at Sea Law. Communication from Robert Blomberg re- questing passage of a resolution in support of the Delta Queen. Upon motion the documents were received and filed and referred to the City Manager. Civil Service Commission: Civil Service Commission submitting the certified lists for the positions of Water Pollution Control Plant Operator, Landfill Foreman, Water Plant Oper- ator, Police Lieutenant, Police Corporal, Fire Equipment Operator, Fire Lieutenant, Fire Captain, Medical Officer, EMS Supervisor, Assistant Fire Marshal and Assistant Fire Chief. Upon motion the documents were re- ceived and filed and made a Matter of Record. Book 137 Regular Session, November 5, 2007 October 11, 2007 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 2007 Code of Iowa, a written examination for the position of Water Pollution Control Plant Oper- ator was conducted on September 6, 2007. We hereby certify that the individuals listed below have passed this examination and va- cancies for this position should be made from this list and that this list is good for two (2) years from above date. WATER POLLUTION CONTROL PLANT O William J. O'Brien Frederick C. Tim- mermans Mark Stelken John G. Gregorich David W. Mohr Thomas A. Voss Eric J. Kremer Michael P. Pfohl Kyle R. Clausen Gary L. Valentine Jared J. Ernst Kevin J. Merkes PERATOR Robert E. Boge Christopher J. Lester Anthony J. Roberts Dave Hanson Steve G. Driscoll Shayne M. Henry Donald Weig Steve Wagner Frederick Brimeyer Timothy J. Neuhaus Darrin D. Homb Douglas E. Neilson Daryl L. Wickize Respectfully submitted, Merle Duehr, Chairperson, Loras Kluesner, Paula Gieseman, Civil Service Commission October 11, 2007 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 2007 Code of Iowa, a written examination for the position of Landfill Foreman was conducted on September 27, 2007. We hereby certify that the individuals listed below have passed this examination and vacancies for this position should be made from this list and that this list is good for two (2) years from above date. LANDFILL FOREMAN Raymond J. Behnke Jerome W. Ben Brian J. Lochner Jerome Welsh Michael J. Kelly Respectfully submitted, Merle Duehr, Chairperson, Loras Kluesner, Paula Gieseman, Civil Service Commission October 11, 2007 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 2007 391 Code of Iowa, a written examination for the position of Water Plant Operator was con- ducted on September 13, 2007. We hereby certify that the individuals listed below have passed this examination and vacancies for this position should be made from this list and that this list is good for two (2) years from above date. WATER PLANT OPERATOR Jeffrey Clayton Richard W. Neumann William J. O'Brien Mark J. Stelken David F. Hanson Christopher J. Lester Shayne M. Henry Richard J. Zeller Gary L. Valentine Colin J. Bisinger Michael P. Pfohl Edwin J. Traynor Darrin D. Homb Respectfully submitted, Merle Duehr, Chairperson, Loras Kluesner, Paula Gieseman, Civil Service Commission October 11, 2007 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 2007 Code of Iowa, a written examination for the position of Police Lieutenant was conducted on August 23, 2007, with oral interviews being conducted on September 24 and 25, 2007. We hereby certify that the individuals listed below have passed this written examination and vacancies for this position should be made from this list and that this list is good for two (2) years from above date. POLICE LIEUTENANT Steven Eastvedt Pablo Ramirez Kevin Klein John Digman Abby Simon David Haupert Jeremy Jensen Joseph Messerich Cory Sommer Nathan Tyler Respectfully submitted, Merle Duehr, Chairperson, Loras Kluesner, Paula Gieseman, Civil Service Commission October 11, 2007 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 2007 Code of Iowa, a written examination for the position of Police Corporal was conducted on August 16, 2007, with oral interviews being conducted on September 24 and 25, 2007. We hereby certify that the individuals listed below have passed this written examination 392 Regular Session, November 5, 2007 Book 137 and vacancies for this position should be made from this list and that this list is good for two (2) years from above date. POLICE CORPORAL Travis Kramer Michael Kane Martin Steil Kurt Rosenthal Shane O'Brien Nathan Tyler Jay Morrissette Abby Simon Scott Koch Rebecca Stieber Respectfully submitted, Merle Duehr, Chairperson, Loras Kluesner, Paula Gieseman, Civil Service Commission October 11, 2007 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 2007 Code of Iowa, an examination for the position of Fire Equipment Operator was conducted on September 20, 2007. We hereby certify that the following individuals have passed this writ- ten examination and the vacancy for this posi- tion should be made from this list and that this list is good for two (2) years from above date. FIRE EQUIPMENT OPERATOR Dave A. Rader Ed Lahey Jesse Coulson Randy R. Root Bruce W. Miller Respectfully submitted, Merle Duehr, Chairperson, Loras Kluesner, Paula Gieseman, Civil Service Commission October 11, 2007 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 2007 Code of Iowa, an examination for the position of Fire Lieutenant was conducted on Septem- ber 18, 2007. We hereby certify that the fol- lowing individuals have passed this written examination and the vacancy for this position should be made from this list and that this list is good for two (2) years from above date. FIRE LIEUTENANT Kevin C. Esser Roger Wernimont Greg Harris Gary Kramer Jeff Breitbach Morgan Eitter Kevin Schmitt Phil Arensdorf Jerrod Atkinson Ted J. George Respectfully submitted, Merle Duehr, Chairperson, Loras Kluesner, Paula Gieseman, Civil Service Commission October 11, 2007 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 2005 Code of Iowa, an examination for the position of Fire Captain was conducted on September 19, 2007. We hereby certify that the following individuals have passed this written examina- tion and the vacancy for this position should be made from this list and that this list is good for two (2) years from above date. FIRE CAPTAIN Lawrence Ewert Roger Wernimont Phil Arensdorf Bruce W. Miller David Beaves Dave McQuiggen Respectfully submitted, Merle Duehr, Chairperson, Loras Kluesner, Paula Gieseman, Civil Service Commission October 11, 2007 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 2007 Code of Iowa, an examination for the position of Medical Officer was conducted on Septem- ber 18, 2007. We hereby certify that the fol- lowing individuals have passed this written examination and the vacancy for this position should be made from this list and that this list is good for two (2) years from above date. MEDICAL OFFICER Joshua Knepper Morgan Eitter Craig Enke Dan Schuster Michael Lynch Respectfully submitted, Merle Duehr, Chairperson, Loras Kluesner, Paula Gieseman, Civil Service Commission October 11, 2007 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 2007 Code of Iowa, an examination for the position of Emergency Medical Supervisor was con- ducted on September 20, 2007. We hereby certify that the following individual has passed Book 137 Regular Session, November 5, 2007 this written examination and the vacancy for this position should be made from this list and that this list is good for two (2) years from above date. EMERGENCY MEDICAL SUPERVISOR Kevin C. Esser Dave McQuiggen Respectfully submitted, Merle Duehr, Chairperson, Loras Kluesner, Paula Gieseman, Civil Service Commission October 11, 2007 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 2007 Code of Iowa, an examination for the position of Assistant Fire Marshal was conducted on September 19, 2007. We hereby certify that the following individuals have passed this writ- ten examination and the vacancy for this posi- tion should be made from this list and that this list is good for two (2) years from above date. ASSISTANT FIRE MARSHAL Kevin C. Esser Bruce W. Miller Respectfully submitted, Merle Duehr, Chairperson, Loras Kluesner, Paula Gieseman, Civil Service Commission October 11, 2007 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 2007 Code of Iowa, an examination for the position of Assistant Fire Chief was conducted on Sep- tember 18, 2007. We hereby certify that the following individuals have passed this written examination and the vacancy for this position should be made from this list and that this list is good for two (2) years from above date. ASSISTANT FIRE CHIEF Joseph A. Blodgett Mark W. Burkle Respectfully submitted, Merle Duehr, Chairperson, Loras Kluesner, Paula Gieseman, Civil Service Commission GSS, Inc.: Communication from GSS, Inc., advising that U.S. Cellular Corp. (USCG) in- tends to file an application to collocate anten- nas on an existing tower on an existing build- ing at 1550 Clarke Drive, Dubuque, Iowa. Upon motion the documents were received and filed. 393 Letter of Appreciation: Communication from Christine O. Corken, Assistant County Attorney, expressing appreciation to the Police and Fire Departments for their assistance on Sunday, October 14, 2007. Upon motion the document was received and filed. Purchase of Property: City Manager re- commending approval of the purchase of property at the corner of White Street and US Hwy 61 from Plastic Center, Inc. for construc- tion of a Port of Dubuque sign. Upon motion the documents were received and filed and Resolution No. 517-07 Accepting the deed to certain real estate in Dubuque County, Iowa from Plastic Center, Inc., was adopted. RESOLUTION NO. 517-07 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM PLASTIC CENTER, INC. WHEREAS, the City of Dubuque entered into an Agreement with Plastic Center, Inc. for the purchase of 828 square feet of property at the corner of White Street and US Hwy. 61 in Dubuque County, Iowa, for the construction of a Port of Dubuque sign, legally described as: Lot 2-1 of a Part of Lot 1 of Milwaukee Industrial Tract No. 1 in the City of Dubuque, Iowa and; WHEREAS, the terms of the Agreement have now been met. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: 1. The City of Dubuque hereby accepts the Warranty Deed from Plastic Center, Inc. at- tached hereto. 2. The City Clerk is hereby authorized and directed to record this Resolution and the War- ranty Deed with the Dubuque County Record- er. Passed, approved and adopted this 5t" day of November, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMG, City Clerk Community Development Block Grant (CDBG) Fiscal Year 2007 Annual Action Plan Amendment: City Manager recommending approval of an amendment to the Fiscal Year 2007 Annual Action Plan to facilitate the real- location of funds for the Cottingham and Butler economic development project. Upon motion the documents were received and filed and Resolution No. 518-07 Approving amendment to the Fiscal Year 2007 (Program Year 2006) Annual Action Plan for Community Develop- ment Block Grant funds was adopted. RESOLUTION NO. 518-07 RESOLUTION APPROVING AMENDMENT TO THE FISCAL YEAR 2007 (PROGRAM 394 Regular Session, November 5, 2007 Book 137 YEAR 2006) ANNUAL ACTION PLAN FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. Whereas, the City of Dubuque has pre- pared and approved an Annual Plan for Fiscal Year 2007 (Program Year 2006), and Whereas, Cottingham and Butler has re- quested reallocation of CDBG funds from the Commercial and Industrial Building Rehab loan program to demolition and construction for removal of slum and blight; and Whereas, the City now desires to amend said FY 2007 Annual Plan to reflect the reallo- cation of CDBG funds; and Whereas, said amendment is a substantial amendment as provided in the City's Citizen Participation Plan and must therefore be ap- proved by resolution of the City Council after a public hearing held by the Community Devel- opment Advisory Commission; and Whereas, the City held a public comment period beginning May 12, 2007; and Whereas, the Community Development Advisory Commission reviewed the proposed amendment on June 13 and July 18, 2007 and voted to approve said amendment and to rec- ommend approval by the City Council. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Amendment to the Fiscal Year 2007 (Program Year 2006) Annual Plan for the Community Development Block Grant (CDBG) program will provide fora for- givable loan to Cottingham and Butler to pro- vide for demolition and construction of a build- ing at 803 Main. Section 2. That the City Manager is hereby authorized and directed to submit a copy of this resolution to the U. S. Department of Housing and Urban Development. Passed, approved and adopted this 5t" day of November 2007. Roy D Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Emerald Acres No. 1 and 2: City Manager recommending acceptance of public improve- ments that the developer, T-Corp, has com- pleted in Emerald Acres No. 1 and No. 2, which includes the sanitary sewer along Herit- age Trail from Peru Road north to the subdivi- sion. Upon motion the documents were re- ceived and filed and Resolution No. 519-07 Accepting improvements in Emerald Acres No. 1 and 2 was adopted. RESOLUTION NO. 519-07 ACCEPTING IMPROVEMENTS IN EMERALD ACRES NO. 1 AND NO. 2 Whereas, pursuant to Resolution Nos. 462- 99 and 288-01, certain public improvements including street paving with curb, sanitary sewer main, watermain, storm sewers and catch basins, boulevard street lighting, and stormwater detention facilities were installed by the developer of Emerald Acres No. 1 and No. 2. Whereas, the improvements have been completed and the City Manager has ex- amined the work and has filed a certificate stating that the same has been completed in accordance with the plans approved by the City Council and in conformance with City specifications, with the exception of the shared detention area located in Alpine Park, and has recommended that the improvements be ac- cepted by the City Council. 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 public improvements in Emerald Acres No. 1 and No. 2 be and the same is hereby accepted. Section 2. That maintenance of said im- provements shall be the responsibility of the contractor and developer for a period of two (2) years from this date. The developer shall continue to maintain the shared detention area in Alpine Park until it is completed and ac- cepted by City Council at a later date. Passed, approved and adopted this 5t" day of November, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Iowa Finance Authority: Communication from the Iowa Finance Authority advising that an Affordable Housing Tax Credit Application has been submitted for a project at St. Mary's Apartments. Upon motion the documents were received and filed. UDAG -Genuine Genius Solutions, LLC: City Manager recommending approval of a $40,000 Urban Development Action Grant (UDAG) loan agreement with Genuine Genius Solutions, LLC. Upon motion the documents were received and filed and Resolution No. 520-07 Approving a UDAG Loan of Forty Thousand Dollars ($40,000) to Genuine Ge- nius Solutions, LLC was adopted. RESOLUTION NO. 520-07 APPROVING A UDAG LOAN OF FORTY THOUSAND DOLLARS ($40,000) TO GE- NUINE GENIUS SOLUTIONS, LLC. Whereas, the City of Dubuque, Iowa has created an economic development loan pro- gram to assist local job creation efforts and provide matching funds for State financial as- sistance programs; and Whereas, the City desires to assist Ge- nuine Genius Solutions, LLC in its efforts to expand its operations into Dubuque and create Book 137 Regular Session, November 5, 2007 new, permanent employment opportunities for local citizens; and Whereas, a UDAG Loan for Forty Thou- sand Dollars ($40,000) has been approved by Resolution 271-07 and by a Motion at the Oc- tober 1, 2007 City Council Meeting for Ge- nuine Genius Solutions to match its application for an Entrepreneurial Venture Assistance incentive package for the Iowa Department of Economic Development. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor and City Council of the City of Dubuque, Iowa, approve the $40,000 UDAG Loan to Genuine Genius Solu- tions, LLC. Section 2. That the City Manager be and he is hereby authorized to execute a UDAG Loan Agreement with Genuine Genius Solu- tions, LLC. Passed, approved and adopted this 5th day of November, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Medline Industries - CEBA Application: City Manager recommending approval of a resolution authorizing the submission of a $480,000 Community Economic Betterment Account (CEBA) program application to the Iowa Department of Economic Development on behalf of Medline Industries, Inc. Upon mo- tion the documents were received and filed and Resolution No. 521-07 Authorizing the filing of a Community Economic Betterment Account (CEBA) application on behalf of Med- line Industries, Inc. was adopted. RESOLUTION NO. 521-07 AUTHORIZING THE FILING OF A COMMU- NITY ECONOMIC BETTERMENT ACCOUNT (CEBA) APPLICATION ON BEHALF OF MEDLINE INDUSTRIES, INC. Whereas, Medline Industries, Inc. has pro- posed the expansion of its operations in Du- buque, Iowa; and Whereas, the City Council of Dubuque, Iowa has considered said proposal and has determined that the proposed project will con- tribute to the local economy through the crea- tion of 75 new jobs for area residents; and Whereas, the Iowa Department of Eco- nomic Development's Community Economic Betterment Account (CEBA) was designed to assist in the economic development efforts of local jurisdictions; and Whereas, the City of Dubuque, Iowa is eli- gible to apply for funding from the CEBA pro- gram. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 395 Section 1. That the filing of an application for participation in the Community Economic Betterment Account program on behalf of Medline Industries, Inc. is hereby approved. Section 2. That the local match of identified in the application as $2,545,800 consisting of an acquisition grant and TIF rebates for in- creased building valuation estimated at $6.5 million to the company is hereby approved, subject to the CEBA application approval. Section 3. That the Mayor is hereby autho- rized to execute and the City Manager is here- by directed to submit said application to the Iowa Department of Economic Development together with such documents as may be re- quired. Passed, approved, and adopted this 5t" day of November, 2007. Roy D. Buol, Mayor Attest: Jeanne Schneider, City Clerk McFadden Right-of-Way Acquisition: City Manager recommending approval to purchase approximately 1.64 acres of land at $50,000 per acre and .5 acres of easement for $5,400 from the McFadden family for a proposed rail line. Upon motion the documents were re- ceived, filed, and approved. McFadden 2001 Agreement: City Manager recommending approval to provide the McFadden family a $26,400 payment to be paid over three years, in lieu of the previous commitment to construct a cattle underpass, at a projected cost of $50,000, as part of the Chavenelle Street extension project. Upon motion the documents were received, filed, and approved. Dubuque Industrial Center West -North Siegert Farm: City Manager recommending approval of the selection of IIW Engineers and Surveyors for the preliminary and final design of the Dubuque Industrial Center West -North Siegert Farm for a cost not to exceed $203,010. Upon motion the documents were received, filed, and approved. Hwy 151/61 Development LLC: City Man- ager recommending approval of a third amendment to the Development Agreement with Hwy 151/61 Development, LLC that ex- tends several deadlines based on the timing issues related to the Bee Branch project and the site redevelopment. Upon motion the doc- uments were received and filed and Resolution No. 522-07 Approving Amendment #3 to a Development Agreement with Hwy 151/61 Development, LLC, was adopted. 396 Regular Session, November 5, 2007 Book 137 RESOLUTION NO. 522-07 APPROVING AMENDMENT NUMBER 3 TO A DEVELOPMENT AGREEMENT WITH HWY 151 & 61 DEVELOPMENT, INC. Whereas, the City Council of the City of Dubuque, Iowa, approved a Development Agreement for the redevelopment of the Smithfield (former Dubuque Pack) site on June 5, 2006; and Whereas, the timing of certain aspects of the redevelopment plan have changed since the original agreement was authorized; and Whereas, it is mutually beneficial to move forward with this redevelopment project with revised time lines. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Amendment Number 3 to the Development Agreement by and be- tween the City of Dubuque and Hwy 151 & 61 Development, LLC attached hereto, is hereby approved. Section 2. That the Mayor and City Clerk are hereby authorized and directed to execute, on behalf of the City of Dubuque, Iowa, said Development Agreement. Passed, approved and adopted this 5th day of November, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Economic Development Administration Grant: City Manager recommending approval of the submittal of an application to the Eco- nomic Development Administration (EDA) for $75,000 in financial assistance for a Master Plan of the Warehouse District. Upon motion the documents were received and filed and Resolution No. 523-07 Approving an applica- tion for funding assistance from the Economic Development Administration was adopted. RESOLUTION NO. 523-07 APPROVING AN APPLICATION FOR FUND- ING ASSISTANCE FROM THE ECONOMIC DEVELOPMENT ADMINISTRATION. Whereas, the City of Dubuque is interested in revitalizing the Dubuque Warehouse District; and Whereas, the City of Dubuque is interested in creating a Master Plan identified in the Warehouse District Revitalization Strategy adopted by the Council with Resolution 425- 07; and Whereas, developing a Master Plan for the area that will help define the timing, land use, and end result of the Warehouse District, and Whereas, the Economic Development Ad- ministration (EDA) has funding opportunities for communities to complete planning projects. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council of the City of Dubuque hereby approves the application to the EDA for funding assistance. Section 2. That the Mayor is authorized to sign, on behalf of the City Council, the applica- tion for the EDA funding assistance. Passed, approved, and adopted this 5th day of November, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Agreement with Hillcrest Family Services: City Manager recommending approval of an agreement with Hillcrest Family Services for the use of Murphy Park from October 26, 2007 through January 10, 2008 for a holiday light display. Upon motion the documents were received, filed, and approved. Grand River Center Carpet Replacement Project: City Manager recommending accep- tance of the Grand River Center Carpet Re- placement Project as completed by Commer- cial Flooring in the final contract amount of $119,245. Upon motion the documents were received and filed and Resolution No. 524-07 Accepting improvement and Resolution No. 525-07 Approving final estimate were adopted. RESOLUTION NO. 524-07 ACCEPTING IMPROVEMENT WHEREAS, the contract for the Grand River Center Carpet 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 accep- tance. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 1. That the recommendation of the City Manager be approved and that said improve- ment 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 November, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 525-07 FINAL ESTIMATE WHEREAS, the contract for the Grand River Center Carpet Replacement Project has been completed and the Engineer has submit- ted his final estimate showing the cost thereof Book 137 Regular Session, November 5, 2007 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 improve- ment is hereby determined to be $119,245, 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 November, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Authorized Depository Institutions: City Manager recommending approval of a deposi- tory resolution that increases the maximum balance for U.S. Bank from $20,000,000 to $40,000,000. Upon motion the documents were received and filed and Resolution No. 526-07 Naming Depositories was adopted. RESOLUTION NO. 526-07 NAMING DEPOSITORIES Whereas, Chapter 12C.2 of the 2007 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 deposito- ry approved, and specify the maximum amount which may be kept on deposit in each deposi- tory; and Whereas, this procedure is required if a fi- nancial 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 insti- tutions 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 max- imum approved for each respective financial institution as set out below. Depository Name, Location of Home Of- fice, ,Maximum Balance American Trust & Savings Bank, Dubuque, Iowa, , $40, 000, 000 Dubuque Bank & Trust Company, Dubu- que, Iowa, , $40,000,000 U.S. Bank, Minneapolis, Minnesota, $40, 000, 000 Dupaco Community Credit Union, Dubu- que, Iowa, $20,000,000 Premier Bank, Dubuque, Iowa, $20, 000, 000 East Dubuque Savings Bank, Dubuque, 397 Iowa, , $20, 000, 000 Liberty Bank, Des Moines, Iowa, $20, 000, 000 State Central Bank, Keokuk, Iowa, $20, 000, 000 Passed, approved and adopted this 5t" day of November, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Quarterly Investment Report: City Manager submitting the Quarterly Investment Report for the period ending September 30, 2007. Upon motion the documents were received and filed. Floodwall Pumping Station Improvement Projects: City Manager recommending accep- tance of the construction contract for the Floodwall Pumping Station Improvement Projects, as completed by Kluck Construction, in the final contract amount of $465,730.81. Upon motion the documents were received and filed and Resolution No. 527-07 Accepting Floodwall Pumping Station Improvement Project and authorizing payment was adopted. RESOLUTION NO. 527-07 ACCEPTING FLOODWALL PUMPING STA- TION IMPROVEMENTS AND AUTHORIZING PAYMENT TO THE CONTRACTOR Whereas, the contract for the Public Works Department Floodwall Pumping Stations Im- provement Projects 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 recom- mends 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 im- provement is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the General Fund and the Stormwater Construc- tion Fund equal to the final amount of this con- tract, $465,730.81, less any retained percen- tage 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. Passed, approved and adopted this 5th day of November, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Planning Excellence Award: Communica- tion from the Iowa Chapter of the American Planning Association advising that the City of Dubuque has been selected to receive the Iowa APA Planning Excellence Award for im- 398 Regular Session, November 5, 2007 Book 137 plementation of the Port of Dubuque Master Plan. Motion by Jones to receive and file the document. Seconded by Connors. Planning Services Manager Laura Carstens presented the award and expressed appreciation to the Council for their support. Motion carried 7-0. Iowa League of Cities: Communication from the Iowa League of Cities expressing gratitude to the City of Dubuque for the assis- tance and support provided for the recent Iowa League of Cities Annual Conference. Upon motion the documents were received and filed. NICC Small Business Director Award: Press release announcing that Terry Sullivan, Iowa Small Business Development Center Director at NICC, was named the 2007 Iowa State Star by the Association of Small Busi- ness Development Centers. Motion by Con- nors to receive and file the documents. Seconded by Michalski. Connors said Terry Sullivan is instrumental in helping people in small business and wanted to publicly congra- tulate him. Motion carried 7-0. Vehicle Maintenance Activity Replacement Truck: City Manager recommending approval to replace Public Works Department Vehicle #3301, a '/2 ton 4-wheel-drive service truck. Upon motion the documents were received, filed, and approved. Vehicle Maintenance Activity Software Purchase: City Manager recommending ap- proval to replace software for the Public Works Department's Vehicle Maintenance Activity. Upon motion the documents were received, filed, and approved. Downtown Area Parking Needs Assess- ment Study: City Manager recommending ap- proval of awarding the contract for the Down- town Area Parking Needs Assessment Study to Walker Parking and Associates in the amount of $91,000.00. Upon motion the doc- uments were received, filed, and approved. Business Licenses: City Manager recom- mending approval of annual liquor license re- newals as submitted. Upon motion the docu- ments were received and filed and Resolution No. 528-07 Granting the issuance of one per- mit to sell cigarettes and cigarette papers in the City of Dubuque; Resolution No. 529-07 Granting the issuance of a Class "C" Beer Permit to Plaza 20/BP Amoco, Kwik Stop Food Mart, and Target Store; and Resolution No. 530-07 Granting the issuance of a Class "C" Beer/Liquor License to Bridge Restaurant, Loras College, and L. May; and Class "B" Wine Permit to Target Store were adopted. RESOLUTION NO. 528-07 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the following having complied with the provisions of law relating to the sale of Ciga- rettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Ciga- rette Papers within said City. Davinci's /Leo's Pub, Davinci Manage- ment LLC, 395 w. 9t" St Passed, approved and adopted this 5t" day of November, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 529-07 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been ex- amined 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 R Future, Inc., Plaza 20/BP Amoco +(Sunday Sale), 2600 Dodge St. Rainbo Oil Company, Kwik Stop Food Mart+(Sunday Sale), 4039 Pennsylvania Ave. Target Corporation, Target Store T- 0086+(Sunday Sale), 3500 Dodge St. Passed, approved and adopted this 5th day of November, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 530-07 Whereas, applications for Liquor Licenses have been submitted to this Council for ap- proval 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 Ordin- ances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS "C" BEER/LIQUOR LICENSE Raysan Corp., Bridge Restaurant +(Sunday Sale), 31 Locust Street Aramark Educational Service, Loras Col- Book 137 Regular Session, November 5, 2007 lege Athletic/Wellness+(Sunday Sale), 1600 Cox Street L May Inc, L. May +(Sunday Sale), 1072 Main Street CLASS "B" WINE Target Corp, Target Store T-0086, 3500 Dodge Street Passed, approved and adopted this 5th day of November, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk ITEMS TO BE SET FOR PUBLIC HEARING Motion by Cline to receive and file the doc- uments, set the public hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Connors. Mo- tion carried 7-0. Residential Parking Permit District: City Manager recommending that a public hearing be set for November 19, 2007 to consider amending Residential Parking Permit District A by excluding from it that section of Grace Street from McCormick Street to a point 270 feet east of McCormick Street. Upon motion the documents were received and filed and Resolution No. 531-07 Setting a public hearing on amending Residential Parking Permit Dis- trict A to exclude Grace Street, from McCor- mick Street to a point two hundred seventy (270) feet east of McCormick Street was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on November 19, 2007, in the Historic Federal Building. RESOLUTION NO. 531-07 RESOLUTION SETTING A PUBLIC HEAR- ING ON AMENDING RESIDENTIAL PARK- ING PERMIT DISTRICT A TO EXCLUDE GRACE STREET, FROM MCCORMICK STREET TO A POINT TWO HUNDRED SE- VENTY (270) FEET EAST OF MCCORMICK STREET Whereas, the City of Dubuque, pursuant to Section 32-321.722 of the Code of Ordin- ances, has received a letter from the Universi- ty of Dubuque requesting that the following area described as follows be deleted from Residential Parking Permit District A: Grace Street, from McCormick Street to A Point Two Hundred Seventy (270) Feet East of McCor- mick Street Whereas, the City Manager, in accordance with Section 32-321.722, recommends that Residential Parking Permit District A be amended by excluding such areas and that the City Council set a public hearing on the re- quest to amend Residential Parking Permit District A. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 399 DUBUQUE, IOWA: Section 1. That the City Council finds and determines that the request from the University of Dubuque is valid for the exclusion of Grace Street, from McCormick Street to a point two hundred seventy (270) feet east of McCormick Street, from Residential Parking Permit District A. Section 2. That the City Clerk be autho- rized and directed to publish a notice of public hearing on amending Residential Parking Permit District A, to be held on November 19, 2007. Passed, approved and adopted this 5t" day of November, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Quigley Lane - Vacating Petition: City Manager recommending that a public hearing be set for November 19, 2007 to consider a request from David L. Clemens, representing Denise M. Keller, for the vacating and pur- chase of a portion of Quigley Lane west of Pierce Street. Upon motion the documents were received and filed and Resolution No. 532-07 Resolution of Intent to vacate and dis- pose of City interest in Lot 1-6-A of Kringle's Subdivision of Out Lot 743 in the City of Dubu- que, Dubuque County, Iowa, was adopted setting a public hearing for a meeting to com- mence at 6:30 p.m. on November 19, 2007, in the Historic Federal Building. RESOLUTION NO. 532-07 RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN LOT 1-6-A OF KRINGLE'S SUBDIVISION OF OUT LOT 743 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, David L. Clemens representing Denise M. Keller has requested the vacating and disposal of a portion of Quigley Lane west of Pierce Street; and Whereas, Buesing & Associates has pre- pared and submitted to the City Council a plat showing the vacated portion of Quigley Lane west of Pierce Street and assigned lot number thereto, which hereinafter shall be known and described as Lot 1-6-A of Kringle's Subdivision of Out Lot 743 in the City of Dubuque, Dubu- que County, Iowa, should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque in- tends to vacate and dispose of its interest in Lot 1-6-A of Kringle's Subdivision of Out Lot 743 in the City of Dubuque, Dubuque County, Iowa. Section 2. That the conveyance of Lot 1-6- A of Kringle's Subdivision of Out Lot 743 in the City of Dubuque, Dubuque County, Iowa, to 400 Regular Session, November 5, 2007 Book 137 Denise M. Keller be contingent upon the pay- ment of $300.00, plus platting, publication, and filing fees. Section 3. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, t.v. cable, and electric lines as may be authorized by the City of Dubuque, Iowa, as indicated on the Plat of Survey of Lot 1-6-1 of Kringle's Subdivision of Out Lot 743 in the City of Dubuque, Dubuque County, Iowa. Section 4. That the City Clerk be and is he- reby authorized and directed to cause a notice of intent to vacate and dispose of said real estate to be published in the manner as pre- scribed by law. Passed, approved and adopted this 5t" day of November, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Brunswick Street and Adjacent Alley - Va- cating Petition: City Manager recommending that a public hearing be set for November 19, 2007 to consider a request from Esther J. Thome to vacate a portion of Brunswick Street south of Lawther Street and the northerly por- tion of an alley west of Balke Street south of Lawther Street. Upon motion the documents were received and filed and Resolution No. 533-07 Resolution of Intent to vacate and dis- pose of City interest in Lot 49-A and Lot 66-A of Belmont Addition in the City of Dubuque, Dubuque County, Iowa, was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on November 19, 2007, in the His- toric Federal Building. RESOLUTION NO. 533-07 RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN LOT 49-A AND LOT 66-A OF BELMONT ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, Esther J. Thome has requested the vacating and disposal of a portion of Brunswick Street south of Lawther Street and the northerly portion of an alley west of Balke Street south of Lawther Street; and Whereas, Buesing & Associates has pre- pared and submitted to the City Council a plat showing the vacated portion of Brunswick Street south of Lawther Street and the norther- ly portion of an alley west of Balke Street south of Lawther Street and assigned lot numbers thereto, which hereinafter shall be known and described as Lot 49-A and Lot 66-A of Belmont Addition in the City of Dubuque, Dubuque County, Iowa, should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque in- tends to vacate and dispose of its interest in Lot 49-A and Lot 66-A of Belmont Addition in the City of Dubuque, Dubuque County, Iowa. Section 2. That the conveyance of Lot 49-A and Lot 66-A of Belmont Addition in the City of Dubuque, Dubuque County, Iowa, to Esther J. Thome be contingent upon the payment of $300.00, plus platting, publication, and filing fees. Section 3. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, t.v. cable, and electric lines as may be authorized by the City of Dubuque, Iowa, as indicated on Lot 49-A of Belmont Addition in the City of Dubuque, Dubuque County, Iowa. Section 4. That the City Clerk be and is he- reby authorized and directed to cause a notice of intent to vacate and dispose of said real estate to be published in the manner as pre- scribed by law. Passed, approved and adopted this 5t" day of November, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Development Agreement -Medline Indus- tries, Inc.: City Manager recommending that a public hearing be set for November 19, 2007 to consider the disposition of approximately 10.43 acres in Dubuque Industrial Center West to Medline Industries, Inc. and approval of a Development Agreement. Upon motion the documents were received and filed and Reso- lution No. 534-07 Resolution of Intent to dis- pose of an interest in City of Dubuque real estate and fixing the date for a public hearing of the City Council of the City of Dubuque, Iowa on the proposed issuance of Urban Re- newal Tax Increment Revenue Obligations and the execution of a Development Agreement relating thereto with Medline Industries, Inc., and providing for the publication of notice the- reof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on Novem- ber 19, 2007, in the Historic Federal Building. RESOLUTION NO. 534-07 INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE AND FIXING THE DATE FOR A PUBLIC HEAR- ING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA ON THE PROPOSED ISSUANCE OF URBAN RENEWAL TAX IN- CREMENT REVENUE OBLIGATIONS AND THE EXECUTION OF A DEVELOPMENT AGREEMENT RELATING THERETO WITH Book 137 Regular Session, November 5, 2007 MEDLINE INDUSTRIES, INC., AND PROVID- ING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, the City of Dubuque, Iowa (City) is the owner of the following real property (the Property); Lot 4 of Dubuque Industrial Center West in the City of Dubuque, Iowa; and Whereas, City, and Medline Industries, Inc. have entered into a Development Agreement, subject to the approval of the City Council, a copy of which is now on file at the Office of the City Clerk, City Hall, 13t" and Central Avenue, Dubuque, Iowa, pursuant to which City will con- veythe Property (Lot 4 of the Dubuque Industrial Center West) to Medline Industries, Inc.; and Whereas, the City Council has tentatively determined that it would be in the best interests of the City to approve the Development Agree- ment, including the conveyance of the Property to Medline Industries, Inc.; and Whereas, it is deemed necessary and ad- visable that City should authorize Urban Re- newal Tax Increment Revenue obligations, as provided by Chapter 403 of the Code of Iowa, and to enter into the Development Agreement relating thereto for the purpose of carrying out an Urban Renewal Plan as hereinafter de- scribed; and Whereas, before said obligations may be approved, Chapter 403 of the Code of Iowa requires that the City Clerk publish a notice of the proposal and of the time and place of the meeting at which the City Council proposes to take action thereon and at which meeting the City Council shall receive oral and/or written objections from any resident or property owner of said City to such proposed action. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque intends to dispose of its interest in the foregoing-described Property by Deed to Medline Industries, Inc. Section 2. The City Clerk is hereby autho- rized and directed to cause this Resolution and a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City's intent to dispose of the foregoing- described Property, to be held on the 19t" day of November, 2007, at 6:30 o'clock p.m. in the Historic Federal Building in Dubuque, Iowa, 350 W. 6t" Street, Dubuque, Iowa. Section 3. The City Council will also meet at said time and place for the purpose of taking action on the matter of authorizing Urban Re- newal Tax Increment Revenue obligations and the execution of the Development Agreement relating thereto with Medline Industries, Inc., the proceeds of which obligations will be used to carry out certain of the special financing activities described in the Urban Renewal Plan for the Dubuque Industrial Center Economic Development District, consisting of the funding 401 of economic developments grants to Medline Industries, Inc. pursuant to the Development Agreement under the terms and conditions of said Urban Renewal Plan. Section 4. The Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a newspaper, printed wholly in the English language, published at least once weekly, and having general circula- tion in said City, said publication to be not less than four days nor more than twenty days be- fore the date of said meeting on the issuance of said obligations. Section 5. That the notice of the proposed action to issue said obligations shall be in sub- stantiallythe form [provided]. Passed, approved and adopted this 5t" day of November, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Five Flags HVAC and Promenade Roof Replacement Project: City Manager recom- mending initiation of the public bidding process for the Five Flags HVAC and Promenade Roof Replacement Project and that a public hearing be set for November 19, 2007 to consider ap- proval of the plans and specifications. Upon motion the documents were received and filed and Resolution No. 535-07 Preliminary ap- proval of plans, specifications, form of con- tract, and estimated cost for the Five Flags HVAC and Promenade Roof Replacement Project; Resolution No. 536-07 Setting date of public hearing on plans, specifications, form of contract, and estimated cost for the Five Flags HVAC and Promenade Roof Replacement Project; and Resolution No. 537-07 Ordering bids for the Five Flags HVAC and Promenade Roof Replacement Project were adopted set- ting apublic hearing for a meeting to com- mence at 6:30 p.m. on November 19, 2007, in the Historic Federal Building. RESOLUTION NO. 535-07 PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE FIVE FLAGS HVAC AND PROMENADE ROOF REPLACEMENT 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 Five Flags HVAC and Promenade Roof Re- placement Project, in the estimated amount of $680,000, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. Passed, approved, and adopted this 5th day of November, 2007. Roy D. Buol, Mayor 402 Regular Session, November 5, 2007 Book 137 Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 536-07 FIXING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATED COST FOR THE FIVE FLAGS HVAC AND PROMENADE ROOF REPLACEMENT PROJECT Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary ap- proval to the proposed plans, specifications, form of contract, and estimated cost for the Five Flags HVAC and Promenade Roof Re- placement Project and ordered the same to be on file in the office of the City Clerk for public inspection. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a public hearing will be held on the 19th day of November, 2007, at 6:30 p.m. in the in the Council Chambers, second floor of the Federal Building, 350 West 6th Street, Dubuque, Iowa, at which time interested per- sons 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 esti- mated cost of the Project. Passed, adopted and approved this 5th day of November, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 537-07 ORDERING THE ADVERTISEMENT FOR BIDS FOR THE FIVE FLAGS HVAC AND PROMENADE ROOF REPLACEMENT PROJECT NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the Five Flags HVAC and Promenade Roof Replacement Project is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that 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. That 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 more than twenty days but not more than forty-five days before the date for filing bids at 2:00 p.m. on the 6th day of De- cember, 2007. Bids shall be opened and read by the City Clerk at said time and will be sub- mitted to the City Council for final action at the City Council meeting to be held at 6:30 p.m. on the 17th day of December, 2007, in the Coun- cil Chambers, second floor of the Federal Building, 350 West 6th Street, Dubuque, Iowa. Passed, adopted and approved this 5th day of November, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Greater Downtown Urban Renewal District: City Manager recommending that a public hearing be set for December 17, 2007 to con- sider an amendment to the Greater Downtown Urban Renewal District to expand the district to include the Warehouse District and portions of property along South Main Street. Upon motion the documents were received and filed and Resolution No. 538-07 Resolution of Ne- cessity finding that certain areas adjacent to the Greater Downtown Urban Renewal District meet the definition of a blighted area under the Urban Renewal Law, and that development of said areas is necessary in the interest of the residents of the City of Dubuque, Iowa, was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on December 17, 2007, in the Historic Federal Building. RESOLUTION NO. 538-07 RESOLUTION OF NECESSITY FINDING THAT CERTAIN AREAS ADJACENT TO THE GREATER DOWNTOWN URBAN RE- NEWAL DISTRICT MEET THE DEFINITION OF A BLIGHTED AREA UNDER THE UR- BAN RENEWAL LAW, AND THAT DEVEL- OPMENT OF SAID AREAS IS NECESSARY IN THE INTEREST OF THE RESIDENTS OF THE CITY OF DUBUQUE, IOWA. Whereas, the City Council of the City of Dubuque has heretofore, by Resolution No. 108-07 adopted on February 20, 2007, ap- proved the Amended and Restated Urban Re- newal Plan for the Greater Downtown Urban Renewal District (a merger of the Downtown Dubuque and Ice Harbor Urban Renewal Dis- tricts) (the "District") in order to provide redeve- lopment opportunities which will further the purposes and objectives of the foregoing Ur- ban Renewal Plan; and Whereas, the City Council has found that certain areas adjacent to the District meet the definition of a blighted area and an economic development area as found in Chapter 403 "Urban Renewal" of the Iowa Code; and Whereas, Chapter 403 of the Iowa Code Book 137 Regular Session, November 5, 2007 requires that before urban renewal authority may be exercised, a City Council must adopt a resolution of necessity finding that the area in question is a slum, blighted or economic de- velopment area, and that so designating such area is necessary in the interest of the public health, safety or welfare of the residents of the municipality. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the following described areas, which are proposed to be added to the Greater Downtown Urban Renewal District, are blighted areas and economic development areas as defined by Chapter 403 of the Iowa Code and are appropriate for an urban renew- al project, to wit: 1) Warehouse Subarea: Commencing as a point of reference at the intersection of the centerlines of 11th Street and Cen- tral Avenue in the City of Dubuque, Dubu- que County, Iowa, said point being the point of beginning; Thence northeasterly along the centerline of 11th Street to a point of intersection with the centerline of White Street; Thence northwesterly along the center- line of White Street to a point of intersec- tion with the centerline of 12th Street; Thence northeasterly along the centerline of 12th Street and extension thereof to a point of intersection with the centerline of US Highways 151 and 61; Thence south- westerly along the centerline of US High- ways 151 and 61 to a point of intersection with the centerline of 4th Street extended; Thence southwesterly along the centerline of 4th Street and extension thereof to a point of intersection with the centerline of Central Avenue; Thence northwesterly along the centerline of Central Avenue to a point of intersection with the centerline of 9th Street; Thence southwesterly along the centerline of 9th Street to a point of inter- section with the westerly line of City Lot 259 extended southerly; Thence northwes- terly along the westerly line of City Lot 259, and Lots 1 and 2 of the Subdivision of the South'/2 of City Lot 261 and City Lot 260 to the southwest corner of the N '/2 of City Lot 261; Thence northeasterly along the sou- therly line of the N '/2 of City Lot 261 and extension thereof to a point of intersection with the centerline of Central Avenue; Thence northwesterly along the centerline of Central Avenue to a point of intersection of 11th Street also being point of begin- ning. 2) South Main Subarea: Commencing as a point of reference at a point of inter- section of the centerline of Locust Street with the Locust Street Connector in the 403 City of Dubuque, Dubuque County, Iowa, said point being the point of beginning; Thence northeasterly along the centerline of the Locust Street Connector to a point of intersection with the centerline of US Highways 52, 61, and 151; Thence sou- theasterly along the centerline of US High- ways 52, 61, and 151 to a point of intersec- tion with the centerline of the eastern sec- tion of Jones Street extended southwester- ly; Thence southwesterly along said exten- sion of the centerline of the eastern section of Jones Street to a point of intersection with the centerline of Main Street; Thence northwesterly along the centerline of Main Street to a point of intersection with the centerline of Jones Street; Thence north- westerly along the centerline of Jones Street to a point of intersection with the easterly line of Lot 2D of vacated Shields Street extended northerly; Thence sou- theasterly along the easterly line of Lot 2D of vacated Shields Street to the southeas- terly corner of said Lot 2D; Thence south- westerly along the southerly lines of Lot A and Lot 2D of vacated Shields Street and Lot 1 of 2 of City Lot 543 extended wester- ly to a point of intersection with the center- line of Locust Street; Thence northeasterly along the centerline of Locust Street to a point of intersection with the centerline of the Second Street Connector, also being the point of beginning. Section 2. That the development of the above-described expansion areas is neces- sary and appropriate to facilitate the proper growth and development of the community in accordance with sound planning and local community objectives. Section 3. That the City Manager is autho- rized and directed to prepare an amendment to the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renew- al District for the purpose of including the above-described areas in the District, to for- ward said amendment to the City's Long Range Planning Commission for review and comment, and to begin the consultation process required by law with affected taxing entities. Section 4. That the City Clerk is directed to publish notice of a public hearing on the adop- tion of the proposed amendment to the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District to be held on December 17t", 2007 at 6:30 p.m. in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa 52001 and that said notice shall generally identify the areas covered by the Amended and Restated Plan, the areas proposed to be added to the District, and the general scope of the urban renewal activities planned for such areas, and 404 Regular Session, November 5, 2007 Book 137 that said notice shall be published and availa- ble to the public on December 7, 2007. Section 5. That the City Clerk is further di- rected to send by ordinary mail a copy of said notice of public hearing and the proposed amendment to the Dubuque Community School District, the County Board of Supervi- sors and the Northeast Iowa Community Col- lege, as the affected taxing entities. Passed, approved, and adopted this 5t" day of November, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk BOARDS/COMMISSIONS Appointment was made to the following Commission: Housing Advisory Trust Fund. One 3-year at-large term through September 8, 2010 -Term of Walsh. Applicant: John Walsh. Motion by Michalski to appoint John Walsh to the Housing Advisory Trust Fund Committee fora 3-year expired term through September 8, 2010. Seconded by Braig. Mo- tion carried 7-0. ACTION ITEMS General Obligation Bonds -Series 2007A: City Manager advising that the sale of General Obligation Bonds to support sanitary sewer projects would be held on Monday, November 5, 2007 and the results brought to the Novem- ber 5t" City Council meeting. Motion by Cline to receive and file the documents and adopt Resolution No. 539-07 Directing sale of $1,055,000 General Obligation Bonds, Series 2007A. Seconded by Jones. Motion carried 7- 0. Finance Director Ken TeKippe introduced Tionna Pooler, Senior Managing Consultant from Public Financial Management, Inc. Ms Pooler reviewed the bid results, answered questions, and recommended accepting the bids from UMB Bank for the 2007A Series and Stiefel Nicolaus for the 20076 Series. RESOLUTION NO. 539-07 DIRECTING SALE OF $1,055,00 GENERAL OBLIGATION BONDS, SERIES 2007A WHEREAS, pursuant to notice as required by law, bids have been received at public sale for the Bonds described as follow and the best bid received is determined to be the following: $1,055,00 General Obligation Bonds, Series 2007A. Bidder UMP Bank, n.a. of Kansas City Missouri, the terms of said bid being: Purchase Price $1,049,092.00 True Interest Cost 3.670352% Net Interest Cost $221,496.75 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Bid for the Bonds as above set out is hereby determined to be the best and most favorable bid received and, said Bonds are hereby awarded based on said bid. Section 2. That the form of contract for the sale of said Bonds are hereby approved and the Mayor and Clerk are authorized to execute the same on behalf of the City. Section 3. That the notice of sale of the Bonds heretofore given and all acts of the Clerk done, in furtherance of the sale of said Bonds are hereby ratified and approved. Section 4. That the preliminary Official Statement in the form presented to this meet- ing be and the same hereby is approved as to form, and prior action by the Finance Officer to deem final the same for purposes of Rule 15c2-12 of the Securities and Exchange Commission is hereby ratified, confirmed and approved. Passed and approved this 5t" day of No- vember, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk General Obligation Refunding Bonds - Se- ries 20076: City Manager advising that the sale of General Obligation Refunding Bonds would be held on Monday, November 5, 2007 and the results brought to the November 5t" City Council meeting. Motion by Michalski to receive and file the documents and adopt Resolution No. 540-07 Directing sale General Obligation Refunding Bonds, Series 20076. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 540-07 DIRECTING SALE OF GENERAL OBLIGA- TION REFUNDING BONDS, SERIES 20076 WHEREAS, pursuant to notice as required by law, bids have been received at public sale for Bonds described as follows and the best bid received is determined to be the following: General Obligation Refunding Bonds, Series 20076: Bidder: of Stifel, Nicolaus & Co., Inc., Minneapolis, Minnesota, the terms of said be- ing: Principal Amount $2,985,000.00 Purchase Price $2,999,219.20 True Interest Cost 3.662496% Net Interest Cost: $682,249.55 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the bid for the Bonds as above set out is hereby determined to be the best and most favorable bid received and, said Bonds are hereby awarded based on said bid. Section 2. That the form of contract for the sale of said Bonds are hereby approved and the Mayor and Clerk are authorized to execute the same on behalf of the City. Section 3. That the notice of the sale of the Book 137 Regular Session, November 5, 2007 Bonds theretofore given and all acts of the Clerk done in furtherance of the sale of said bonds are hereby ratified and approved. Section 4. That the preliminary Official Statement in the form presented to this meet- ing be and the same hereby is approved as the form, and prior action by the Finance Of- ficer to deem final the same for purpose of Rule 15c2-12 of the Securities and Exchange Commission is hereby ratified, confirmed, and approved. Passed and approved this 5t" day of No- vember, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk AmeriCorps Contract: City Manager re- commending approval of a renewal application to the Corporation for National and Community Service for Partners in Learning AmeriCorps Program funding. Motion by Cline to receive and file the documents and adopt Resolution No. 541-07 Approving an application to the Corporation for National and Community Ser- vice for AmeriCorps program funding. Seconded by Connors. Michalski commented that the City Council almost gave up on this program and it is now in its eighth year and very successful. Motion carried 7-0. RESOLUTION NO. 541-07 A RESOLUTION APPROVING AN APPLI- CATION TO THE CORPORATION FOR NA- TIONAL AND COMMUNITY SERVICE FOR AMERICORPS PROGRAM FUNDING WHEREAS, the City of Dubuque has an opportunity to provide needed funding and services for the benefit of our underserved and disadvantaged children and youth through a partnership and collaboration with the Dubu- que County Extension Services and the Com- munity Foundation of Greater Dubuque; and WHEREAS, an application to the Corpora- tion for National and Community Service for AmeriCorps Program funding has been pre- pared, for a second year of a three-year re- newable (annual) grant beginning in Septem- ber 2008. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor is authorized and directed to execute an application to the Corporation for National and Community Ser- vice for participation in the Partners in Learn- ing AmeriCorps Program. Section 2. That the City Manager is hereby authorized and directed to forward said appli- cation and resulting standard executed con- tract as required by the Corporation for Na- tional and Community Service. Passed, approved, and adopted this 5t" day of November, 2007. 405 Roy D Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk Dubuque as a Sustainable Community: City Manager recommending approval of the selection of Down to Earth Solutions to provide consulting services for various activities pro- moting sustainable community projects as part of the City's "green" initiative. Motion by Cline to receive and file the documents and approve. Seconded by Braig. Housing and Community Development Director David Harris said that this fits in with the Neighborhood Revitalization areas and includes education, demonstration projects, and energy use promotion. Motion carried 7-0. Legislative Priorities: City Manager submit- ting the City's Legislative Priorities for the 2008 Legislative Session. Motion by Connors to receive and file the documents and approve. Seconded by Jones. Motion carried 7-0. There being no further business, Cline moved to adjourn. Seconded by Cline. Motion carried 7-0. Meeting adjourned at 7:07 p.m. /s/ Jeanne F. Schneider, CMC City Clerk 406 Special Session, November 9, 2007 Book 137 CITY OF DUBUQUE, IOWA CITY COUNCIL OFFICIAL PROCEEDINGS The Dubuque City Council met in special session at 12 p.m. on November 9, 2007, in the Historic Federal Building. Present: Mayor Buol; Council Members Braig, Buol, Cline Connors, Lynch, Michalski; City Manager Van Milligen, City Attorney Lin- dahl Absent: Council Member Jones Mayor Buol read the call and stated that this was a special session of the Dubuque City Council called for the purpose of considering adoption of an ordinance establishing a mora- torium on the use of property as an adult en- tertainment establishment. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Cline. Braig re- quested that the affect of this ordinance on existing establishments be explained. Lindahl said it would have no affect on existing busi- nesses, which have the right to operate under the current ordinance. This ordinance would include only new businesses during the period of the moratorium. Michalski reiterated that this only applies to related new business during the period of the moratorium during which a new plan will be worked out. Lindahl concurred. Van Milligen said that the current ordinance includes restrictions while protecting U.S. Constitutional rights. Motion carried 6-0. dinance allows adult entertainment establish- ments in certain zoning districts; and Whereas, the City Council desires to gath- er additional input in the process of studying the location and spatial separation of adult entertainment districts in the City of Dubuque. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque Code of Ordinances is amended by adding the follow- ing new section: Sec. 4-8.4 Moratorium on the Use of Prop- erty As An Adult Entertainment Establishment. The building official shall not issue a permit for any new con- struction or substantial enlarge- ment, alteration, repair or re- modeling of any structure or building for use as an adult enter- tainment establishment nor shall any person use any property for an adult entertainment estab- lishment within the City of Dubu- que from the time of the adoption of this Ordinance to June 1, 2008. Any person aggrieved or ad- versely affected by the building official's refusal to issue a permit or the prohibition on the use of property as provided in this Or- dinance shall appeal therefrom to the City Council. The City Council may direct the building official to issue a permit or allow the use of such property as an adult enter- tainment establishment where the City Council finds that the refusal to issue a permit or the prohibi- tion on the use of property would deprive the person of a vested right. Passed, approved and adopted this 9t" day of November, 2007. Motion by Connors for final adoption of Or- dinance No. 57-07 Amending Appendix A, the Zoning Ordinance of the City of Dubuque Code of Ordinances by adopting a new section 4-8.4 establishing a moratorium on the use of certain property as an adult entertainment es- tablishment. Seconded by Braig. Motion car- ried 6-0. OFFICIAL PUBLICATION ORDINANCE NO. 57-07 AMENDING APPENDIX A, THE ZONING ORDINANCE, OF THE CITY OF DUBUQUE CODE OF ORDINANCES, BY ADOPTING A NEW SECTION 4~.4 ESTABLISHING A MORATORIUM ON THE USE OF CERTAIN PROPERTY AS AN ADULT ENTERTAIN- MENT ESTABLISHMENT Whereas, the City of Dubuque Zoning Or- /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald Newspaper the 10t" day of November, 2007. /s/Jeanne F. Schneider, CMC, City Clerk There being no further business, upon mo- tion the Council adjourned at 12:09 p.m. /s/ Kevin S. Firnstahl Assistant City Clerk Book 137 Regular Session, November 19, 2007 CITY OF DUBUQUE, IOWA CITY COUNCIL OFFICIAL PROCEEDINGS The Dubuque City Council met in regular session at 6:30 p.m. on November 19, 2007, in the Historic Federal Building. Present: Mayor Pro-Tem Cline, Mayor Roy D. Buol (Via Telephone) Council Members Braig, Connors, Jones, Michalski, City Manag- er Van Milligen; City Attorney Lindahl Absent: Council Member Kevin Lynch Mayor Pro-Tem Cline read the call and stated this was a regular session of the Dubu- que City Council called for the purpose of dis- cussing such matters which may properly come before the City Council. Invocation was provided by Dr. Ken Bickel, First Congregational UCC. PRESENTATION Presentation by Thomas Brady and David Colen of the United States Postal Inspection Service to Fire Chief Dan Brown and Police Chief Kim Wadding in appreciation of support from the Dubuque Police and Fire Depart- ments as well as the Quad Cities Bomb Squad. CONSENT ITEMS Motion by Connors to receive and file the documents and dispose of as indicated. Seconded by Braig. Planning Services Man- ager Laura Carstens requested (#23) Com- prehensive Bluff Plan be held for separate discussion. Motion carried 6-0. Minutes and Reports Submitted: City Council of 11/5, 11/8 and 11/9; Human Rights Commission of 10/8; Transit Board of 9/13; Zoning Advisory Commission of 11/7; Zoning Board of Adjustment of 10/25. Upon motion the documents were received and filed. Notice of Claims/Suits: Greg Droessler for vehicle damage; Eileen Geraghty for personal injury. Upon motion the documents were re- ceived, 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 Com- munities Assurance Pool: Eileen Geraghty for personal injury; Wesley A. Heimke for property damage; Latanji Threadgill for personal injury. Upon motion the documents were received, filed, and concurred. 407 Loras College Pedestrian Bridge: City Manager recommending approval of an irre- vocable license in response to a request from James E. Collins, President of Loras College, to build a pedestrian bridge over Cox Street. Upon motion the documents were received, filed, and approved. Dubuque Community Ice and Recreation Center, Inc.: Communication from Bob Wood- ward, President -Dubuque Community Ice and Recreation Center, Inc., requesting finan- cial assistance from the City in support of their Vision Iowa Community Attraction and Tourism (CAT) Program grant application. Upon motion the documents were received, filed, and re- ferred to the City Manager. Citizen Communications: Communication from Nick Kean, 2918 Arabian Trail, requesting that the speed limit on Carter Road from Kane Street to 32nd Street be changed to 35 miles per hour. Communication from John Callahan re- garding staffing concerns at the 911 Center. Upon motion the documents were received, filed, and referred to the City Manager. Renewal Rates for Voluntary Dental Plan: City Manager recommending approval of the renewal rates for the City's voluntary dental plan. Upon motion the documents were re- ceived, filed, and approved. Drug Awareness Resistance Education (DARE) Contract: City Manager recommend- ing approval of the 2007/2008 DARE contract between the City of Dubuque, the Dubuque Community Schools and the Holy Family Catholic Schools. Upon motion the documents were received, filed, and approved. Notice of Voluntary Settlement: Communi- cation from the Board of Review advising of the Voluntary Settlement Agreement with Me- diacom Communications Corporation regard- ing their property tax assessment appeal. Upon motion the documents were received and filed. Stipulation of Settlements: City Attorney submitting a Stipulation of Settlement in the tax assessment appeal of loana Mamali for property located at 700 Lowell Street. City Attorney submitting a Stipulation of Settlement in the tax assessment appeal of Michael Walsh for property located at 3270 Arboretum Drive. City Attorney submitting a Stipulation of Settlement in the tax assessment appeal of Jeffrey Spahn for property located at 1595 Geraldine Drive. Upon motion the documents were received and filed. 408 Regular Session, November 19, 2007 Book 137 Kaufmann Avenue Storm Sewer Extension Project: City Manager recommending accep- tance of the Kaufmann Avenue Storm Sewer Extension Project as completed by Drew Cooks & Sons Excavating in the final contract amount of $30,576.37. Upon motion the doc- uments were received and filed and Resolution No. 542-07 Accepting the Kaufmann Alley Storm Sewer Construction Project and autho- rizing payment to the contractor was adopted. Jeanne F. Schneider, CMC, City Clerk Third Floor Expansion Project: City Man- ager recommending acceptance of the Third Floor Expansion Project as completed by Klauer Development Corporation, in the final contract amount of $63,429. Upon motion the documents were received and filed and Reso- lution No. 543-07 Accepting the Third Floor Expansion Project and authorizing payment to the contractor was adopted. RESOLUTION NO. 542-07 ACCEPTING THE KAUFMANN ALLEY STORM SEWER CONSTRUCTION PROJECT AND AUTHORIZING THE PAY- MENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Kaufmann Alley Storm Sewer Construc- tion Project (the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the FY2006 Kaufmann Alley Capital Improvement Project and FY2008 Storm Sewer Improve- ments/Extensions Capital Improvement Project appropriations for the contract amount of $30,576.37 less any retained percentage pro- vided 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. Passed, approved and adopted this 19t" day of November, 2007. Patricia A. Cline, Mayor Pro Tem Attest: Kevin S. Firnstahl, Assistant City Clerk CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE KAUFMANN ALLEY STORM SEWER CONSTRUCTION PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Kaufmann Alley Storm Sewer Construction 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 $36,079.55. Dated this 14t" day of November, 2007. Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 15t" day of November, 2007. RESOLUTION NO. 543-07 ACCEPTING THE 3RD FLOOR OFFICE EX- PANSION PROJECT - DUBUQUE CITY HALL AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the 3'd Floor Office Expansion Project - Dubuque City Hall (the Project) has been completed and the City Engineer has ex- amined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Con- tract and that the City Engineer recommends that the Project be accepted; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the En- gineering Office Expansion - 3'd Floor Capital Improvement Project and the Fiscal Year 2008 Traffic Control Area on 3'd Floor of City Hall Capital Improvement Project appropriations for the contract amount of $63,429.00 less any retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code chapter 573. Passed, approved and adopted this 19t" day of November, 2007. Patricia A. Cline, Mayor Pro Tem Attest: Kevin S. Firnstahl, Assistant City Clerk CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE 3RD FLOOR OFFICE EXPANSION PROJECT -DUBUQUE CITY HALL The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the 3'd Floor Office Expansion Project -Dubuque City Hall, 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 $73,470.07. Dated this 14t" day of November, 2007. Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the Book 137 Regular Session, November 19, 2007 15th day of November, 2007. Jeanne F. Schneider, CMC, City Clerk ENSR Monitoring Wells: City Manager re- commending approval of a request from ENSR Corporation to install two monitoring wells in the City right-of-way of Salina Street, south of Railroad Avenue. Upon motion the documents were received, filed, and approved. Plat of Survey - LT Kutsch Place: Zoning Advisory Commission recommending approval of the Plat of Survey of Lots 1 and 2 of LT Kutsch Place and Lot 1 of LT Kutsch Place No. 2 located near North Grandview Avenue as requested by Buesing and Associates/Dr. Leonard Kutsch. Upon motion the documents were received and filed and Resolution No. 544-07 Approving the Plat of Survey of LT Kutsch Place was adopted. RESOLUTION NO. 544-07 RESOLUTION AUTHORIZING THE PLAT OF SURVEY OF LT KUTSCH PLACE Whereas, there has been filed with the City Clerk a Plat of Survey of LT Kutsch Place in the City of Dubuque; and Whereas, said Plat of Survey has been ex- amined by the Zoning Advisory Commission and its approval endorsed thereon; and Whereas, said Plat of Survey has been ex- amined by the City Council and they find that it conforms to the statutes and ordinances relat- ing thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 42-19(b) of the Subdivision Regulations is waived to allow Lot 1 and Lot 2 to have 0 feet of frontage where 50 feet of lot frontage is required Section 2. That the Plat of Survey of LT Kutsch Place 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 Plat of Sur- vey. Passed, approved and adopted this 19t" day of November 2007. Patricia A. Cline, Mayor Pro Tem Attest: Kevin S. Firnstahl, Assistant City Clerk Trolley Line Trail: City Manager recom- mending approval of the Fiscal Year 2008 REAP Grant Agreement with the Iowa De- partment of Natural Resources for construction of the Trolley Line Trail at Eagle Point Park. Upon motion the documents were received and filed and Resolution No. 545-07 Authoriz- ing aREAP Grant Agreement with the Iowa Department of Natural Resources for the Trol- ley Line Trail was adopted. RESOLUTION NO. 545-07 409 RESOLUTION AUTHORIZING A REAP GRANT AGREEMENT WITH THE IOWA DE- PARTMENT OF NATURAL RESOURCES FOR TROLLEY LINE TRAIL Whereas, the City of Dubuque has adopted a Comprehensive Plan that includes goals for development of bike/hike trails; and Whereas, the City of Dubuque has identi- fied the Trolley Line Trail as an important recr- eational facility to be developed as part of the City's commitment to a citywide bike/hike net- work adopted by the City of Dubuque in 1995; and Whereas, the Iowa Department of Natural Resources has allocated grant funds in the REAP (Resource Enhancement and Protec- tion) Program for the development of the Trol- ley Line Trail. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Mayor hereby is authorized to sign and the grant agreement with the Iowa Department of Natural Resources for REAP funds for the Trolley Line Trail. Section 2. That the City Council hereby provides its written assurance that the com- pleted project will be adequately maintained for its intended use in accordance with state requirements. Passed, approved and adopted this 19t" day of November 2007. Patricia A. Cline, Mayor Pro Tem Attest: Kevin S. Firnstahl, Assistant City Clerk Downtown Rehabilitation Loan Agreement: City Manager recommending approval of a loan agreement for a Downtown Rehabilitation Loan to support Cottingham and Butler's reha- bilitation of the Security Building on Main Street. Upon motion the documents were re- ceived and filed and Resolution No. 546-07 Authorizing execution of a Downtown Rehabili- tation Loan, Fagade Grant and Design Grant to Cottingham and Butler's Security Building renovation project was adopted. RESOLUTION NO. 546-07 A RESOLUTION AUTHORIZING EXECU- TION OF A DOWNTOWN REHABILITATION LOAN, FACADE GRANT, AND DESIGN GRANT TO COTTINGHAM & BUTLER SE- CURITY BUILDING RENOVATION. Whereas, the City of Dubuque, Iowa, has created a Downtown Rehabilitation Loan/Grant Program for the purpose of stimulating rein- vestment in the Greater Downtown Urban Re- newal District; and Whereas, the City of Dubuque, Iowa is en- couraging the use of this loan/grant program to finance code compliance activities and to spur job creation activities; and Whereas, the amended and restated de- velopment agreement with Cottingham & But- 410 Regular Session, November 19, 2007 Book 137 ler, Inc. and Security Investments, LLC ap- proved by resolution 494-07 committed to a $300,000 Downtown Rehabilitation Loan, $10,000 Fagade Grant, and $10,000 Design Grant for the renovation of the Security Build- ing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council ap- proves the attached Loan Agreement with Se- curity Investments, LLC. Section 2. That the City Manager is he- reby authorized to execute, on behalf of the City Council of the City of Dubuque, Iowa, all necessary loan documents and is further au- thorized to disburse loan funds from the Down- town Rehabilitation Loan/Grant Program, in accordance with the terms and conditions of the executed agreement. Passed, approved and adopted this 19t" day of November, 2007. Patricia A. Cline, Mayor Pro Tem Attest: Kevin S. Firnstahl, Assistant City Clerk Valentine Park Restroom Project: City Manager recommending acceptance of the Valentine Park Restroom Project as completed by Mike Strub Construction, Inc., in the final contract amount of $66,662.07. Upon motion the documents were received and filed and Resolution No. 547-07 Accepting improvement and Resolution No. 548-07 Approving final estimate were adopted. RESOLUTION NO. 547-07 ACCEPTING IMPROVEMENT WHEREAS, the contract for the Valentine Park Rest Room 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 re- commends its acceptance. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 1. That the recommendation of the City Manager be approved and that said improve- ment 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 19th day of November, 2007. Patricia A. Cline, Mayor Pro Tem Attest: Kevin S. Firnstahl, Assistant City Clerk RESOLUTION NO. 548-07 FINAL ESTIMATE WHEREAS, the contract for the Valentine Park Rest Room Project has been completed and the Engineer has submitted his final esti- mate 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 improve- ment is hereby determined to be $66,662.07 and the said amount shall be paid from the General Fund of the City of Dubuque, Iowa. Passed, approved and adopted this 19th day of November, 2007. Patricia A. Cline, Mayor Pro Tem Attest: Kevin S. Firnstahl, Assistant City Clerk PEG Capital Grant Expenditures: City Manager recommending approval of two re- quests for funding from the Capital Grant for Access Equipment and Facilities. Upon motion the documents were received, filed, and ap- proved. General Obligation Bonds -Series 2007A: City Manager recommending approval of the final action necessary for the issuance of the General Obligation Bonds -Series 2007A in support of stormwater projects. Upon motion the documents were received and filed and Resolution No. 549-07 Appointing Wells Fargo Bank, National Association of Des Moines, Iowa, to serve as Paying Agent, Bond Regi- strar, and Transfer Agent, approving the Pay- ing Agent and Bond Registrar and Transfer Agent Agreement and authorizing the execu- tion of the Agreement; and Resolution No. 550-07 Authorizing and providing for the is- suance of $1,055,000 General Obligation Bonds, Series 2007A, and levying a tax to pay said bonds were adopted. RESOLUTION NO. 549-07 RESOLUTION APPOINTING WELLS FARGO BANK, NATIONAL ASSOCIATION OF DES MOINES, IOWA, TO SERVE AS PAYING AGENT, BOND REGISTRAR, AND TRANS- FER AGENT, APPROVING THE PAYING AGENT AND BOND REGISTRAR AND TRANSFER AGENT AGREEMENT AND AU- THORIZING THE EXECUTION OF THE AGREEMENT WHEREAS, pursuant to the provi- sions of Chapter 75 of the Code of Iowa, $1,055,000 General Obligation Bonds, Series 2007A, dated December 1, 2007, have been sold at public sale and action should now be taken to provide for the maintenance of records, registration of certificates and pay- ment of principal and interest in connection with the issuance of the Bonds; and Book 137 Regular Session, November 19, 2007 WHEREAS, this Council has deemed that the services offered by Wells Fargo Bank, National Association of Des Moines, Iowa, are necessary for compliance with rules, regula- tions, and requirements governing the registra- tion, transfer and payment of registered Bonds; and WHEREAS, a Paying Agent, Bond Registrar and Transfer Agent Agreement (he- reafter "Agreement") has been prepared to be entered into between the City and Wells Fargo Bank, National Association. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF DU- BUQUE, IOWA: Section 1. That Wells Fargo Bank, National Association of Des Moines, Iowa, is hereby appointed to serve as Paying Agent, Bond Registrar and Transfer Agent in connec- tion with the issuance of $1,055,000 General Obligation Bonds, Series 2007A, dated De- cember 1, 2007. Section 2. That the Agreement with Wells Fargo Bank, National Association of Des Moines, Iowa, is hereby approved and that the Mayor and Clerk are authorized to sign the Agreement on behalf of the City. Passed and approved this 19th day of November, 2007. Patricia A. Cline, Mayor Pro Tem Attest: Kevin S. Firnstahl, Assistant City Clerk RESOLUTION NO. 550-07 AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $1,055,000 GENERAL OBLI- GATION BONDS, SERIES 2007A, AND LE- VYING ATAX TO PAY SAID BONDS WHEREAS, the Issuer is duly incorpo- rated, organized and exists under and by vir- tue of the laws and Constitution of the State of Iowa; and WHEREAS, the Issuer is in need of funds to pay costs of construction and installation of sanitary sewer improvements and extensions, including those costs associated with the As- bury Plaza Lift Station and Force Main Project, essential corporate purposes, and it is deemed necessary and advisable that General Obliga- tion Bonds in the amount of $1,055,000 be issued for said purpose; and WHEREAS, pursuant to the provisions of Chapter 75 of the Code of Iowa, the above mentioned Bonds were heretofore sold at pub- lic sale and action should now be taken to is- sue said Bonds conforming to the terms and conditions of the best bid received at the ad- vertised public sale. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. Definitions. The following terms shall have the following meanings in this Reso- lution unless the text expressly or by neces- sary implication requires otherwise: 411 ^ "Authorized Denominations" shall mean $5,000 or any integral multiple thereof. ^ "Beneficial Owner" shall mean the per- son in whose name such Bond is recorded as the beneficial owner of a Bond by a Participant on the records of such Participant or such per- son's subrogee. ^ "Bond Fund" shall mean the fund created in Section 3 ofthis Resolution. ^ "Bonds" shall mean $1,055,000 General Obligation Bonds, Series 2007A, authorized to be issued by this Resolution. ^ "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor no- minee of DTC with respect to the Bonds. ^ "Continuing Disclosure Certificate" shall mean that certain Continuing Disclosure Certif- icate executed by the Issuer and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. ^ "Depository Bonds" shall mean the Bonds as issued in the form of one global cer- tificate for each maturity, registered in the Reg- istration Books maintained by the Registrar in the name of DTC or its nominee. ^ "DTC" shall mean The Depository Trust Company, New York, New York, a limited pur- pose trust company, or any successor book- entry securities depository appointed for the Bonds. ^ "Issuer" and "City" shall mean the City of Dubuque, Iowa. ^ "Participants" shall mean those bro- ker-dealers, banks and other financial institu- tions for which DTC holds Bonds as securities depository. ^ "Paying Agent" shall mean Wells Fargo Bank, National Association, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties pre- scribed herein as Issuer's agent to provide for the payment of principal of and interest on the Bonds as the same shall become due. ^ "Project Fund" shall mean the fund re- quired to be established by this Resolution for the deposit of the proceeds of the Bonds. ^ "Rebate Fund" shall mean the fund so defined in and established pursuant to the Tax Exemption Certificate. ^ "Registrar" shall mean Wells Fargo Bank, National Association of Des Moines, Iowa, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein with respect to maintaining a register of the owners of the Bonds. Unless otherwise specified, the Registrar shall also act as Transfer Agent for the Bonds. ^ "Representation Letter" shall mean the Blanket Issuer Letter of Representations ex- ecuted and delivered by the Issuer to DTC. 412 Regular Session, November 19, 2007 Book 137 ^ "Resolution" shall mean this resolution authorizing the Bonds. ^ "Tax Exemption Certificate" shall mean the Tax Exemption Certificate executed by the Treasurer and delivered at the time of is- suance and delivery of the Bonds. ^ "Treasurer" shall mean the City Treasur- er or such other officer as shall succeed to the same duties and responsibilities with respect to the recording and payment of the Bonds issued hereunder. Section 2. Levv and Certification of Annual Tax: Other Funds to be Used. (a) Levv of Annual Tax. That for the pur- pose of providing funds to pay the principal and interest of the Bonds hereinafter autho- rized to be issued, there is hereby levied for each future year the following direct annual tax on all of the taxable property in Dubuque, Iowa, to-wit: FISCAL YEAR (JULY 1 TO JUNE 30) AMOUNT YEAR OF COLLECTION $155,774 2008/2009 138, 783 2009/2010 140,213 2010/2011 141,418 2011/2012 137, 393 2012/2013 138, 368 2013/2014 139,108 2014/2015 139,608 2015/2016 139, 928 2016/2017 (NOTE: For example the levy to be made and certified against the taxable valuations of January 1, 2007, will be collected during the fiscal year commencing July 1, 2008). (b) Resolution to be Filed With County Au- ditor. Acertified copy of this Resolution should be filed with the County Auditor of Dubuque County, Iowa, and said Auditor is hereby in- structed in and for each of the years as pro- vided, to levy and assess the tax hereby au- thorized in Section 2 of this Resolution, in like manner as other taxes are levied and as- sessed, and such taxes so levied in and for each of the years aforesaid be collected in like manner as other taxes of the City are col- lected, and when collected be used for the purpose of paying principal and interest on said Bonds issued in anticipation of said tax, and for no other purpose whatsoever. (c) Additional Citv Funds Available. Prin- cipal and interest coming due at any time when the proceeds of said tax on hand shall be insufficient to pay the same shall be promptly paid when due from current funds of the City available for that purpose and reim- bursement shall be made from such special fund in the amounts thus advanced. Section 3. Bond Fund. Said tax shall be collected each year at the same time and in the same manner as, and in addition to, all other taxes in and for the City, and when col- lected they shall be converted into a special fund within the Debt Service Fund to be known as the "GENERAL OBLIGATION BOND FUND 2007A" (the "Bond Fund"), which is hereby pledged for and shall be used only for the payment of the principal of and interest on the Bonds hereinafter authorized to be issued; and also there shall be apportioned to said fund its proportion of taxes received by the City from property that is centrally assessed by the State of Iowa. Section 4. Application of Bond Proceeds. Proceeds of the Bonds other than accrued interest except as may be provided below shall be credited to the Project Fund and expended therefrom for the purposes of issuance. Any amounts on hand in the Project Fund shall be available for the payment of the principal of or interest on the Bonds at any time that other funds shall be insufficient to the purpose, in which event such funds shall be repaid to the Project Fund at the earliest opportunity. Any balance on hand in the Project Fund and not immediately required for its purposes may be invested not inconsistent with limitations pro- vided by law or this Resolution. Accrued inter- est, if any, shall be deposited in the Bond Fund. Section 5. Investments of Bond Fund Proceeds. All moneys held in the Bond Fund, provided for by Section 3 of this Resolution shall be invested in investments permitted by Chapter 12B, Code of Iowa, 2007 (formerly Chapter 452, Code of Iowa, as amended) or deposited in financial institutions which are members of the Federal Deposit Insurance Corporation and the deposits in which are in- sured thereby and all such deposits exceeding the maximum amount insured from time to time by FDIC or its equivalent successor in any one financial institution shall be conti- nuously secured in compliance with the State Sinking Fund provided under Chapter 12C of the Code of Iowa, 2007, as amended or oth- erwise by a valid pledge of direct obligations of the United States Government having an equivalent market value. All such interim in- vestments shall mature before the date on which the moneys are required for payment of principal of or interest on the Bonds as herein provided. Section 6. Bond Details. Execution and Redemption. (a) Bond Details. General Obligation Bonds of the City in the amount of $1,055,000, shall be issued pursuant to the provisions of Sec- tions 384.24 and 384.25 of the City Code of Iowa for the aforesaid purpose. The Bonds shall be designated "GENERAL OBLIGATION BOND, SERIES 2007A", be dated December 1, 2007, and bear interest from the date the- reof, until payment thereof, at the office of the Paying Agent, said interest payable on June 1, 2008, and semiannually thereafter on the Ist day of June and December in each year until Book 137 Regular Session, November 19, 2007 maturity at the rates hereinafter provided. The Bonds shall be executed by the ma- nual or facsimile signature of the Mayor and attested by the manual or facsimile signature of the Clerk, and impressed or printed with the seal of the City and shall be fully registered as to both principal and interest as provided in this Resolution; principal, interest and pre- mium, if any, shall be payable at the office of the Paying Agent by mailing of a check to the registered owner of the Bond. The Bonds shall be in the denomination of $5,000 or multiples thereof. The Bonds shall mature and bear in- terest as follows: Interest Principal Maturity Rate Amount June 1st 3.400% $100,000 2009 3.400 105, 000 2010 3.450 110, 000 2011 3.500 115, 000 2012 3.500 115, 000 2013 3.550 120, 000 2014 3.600 125, 000 2015 3.600 130, 000 2016 3.650 135, 000 2017 (b) Redemption. Bonds maturing after June 1, 2015 may be called for redemption by the Issuer and paid before maturity on said date or any date thereafter, from any funds regardless of source, in whole or from time to time in part, in any order of maturity and within an annual maturity by lot. The terms of redemption shall be par, plus accrued interest to date of call. Thirty days' notice of redemption shall be given by certified mail to the registered owner of the Bond. Failure to give such notice by mail to any registered owner of the Bonds or any defect therein shall not affect the validity of any proceedings for the redemption of the Bonds. All bonds or portions thereof called for re- demption will cease to bear interest after the specified redemption date, provided funds for their redemption are on deposit at the place of payment. If selection by lot within a maturity is re- quired, the Registrar shall designate the bonds to be redeemed by random selection of the names of the registered owners of the entire annual maturity until the total amount of bonds to be called has been reached. Section 7. Issuance of Bonds in Book- Entrv Form: Replacement Bonds. (a) Notwithstanding the other provisions of this Resolution regarding registration, owner- ship, transfer, payment and exchange of the Bonds, unless the Issuer determines to permit the exchange of Depository Bonds for Bonds in the Authorized Denominations, the Bonds shall be issued as Depository Bonds in deno- minations of the entire principal amount of each maturity of Bonds (or, if a portion of said principal amount is prepaid, said principal amount less the prepaid amount); and such 413 Depository Bonds shall be registered in the name of Cede & Co., as nominee of DTC. Payment of semi-annual interest for any De- pository Bond shall be made by wire transfer or New York Clearing House or equivalent next day funds to the account of Cede & Co. on the interest payment date for the Bonds at the address indicated in or pursuant to the Representation Letter. (b) With respect to Depository Bonds, nei- therthe Issuer nor the Paying Agent shall have any responsibility or obligation to any Partici- pant or to any Beneficial Owner. Without limit- ing the immediately preceding sentence, nei- therthe Issuer nor the Paying Agent shall have any responsibility or obligation with respect to (i) the accuracy of the records of DTC or its nominee or of any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Participant, any Beneficial Owner or any other person, other than DTC or its nominee, of any notice with respect to the Bonds, (iii) the payment to any Participant, any Beneficial Owner or any other person, other than DTC or its nominee, of any amount with respect to the principal of, premium, if any, or interest on the Bonds, or (iv) the failure of DTC to provide any information or notification on behalf of any Participant or Beneficial Owner. The Issuer and the Paying Agent may treat DTC or its nominee as, and deem DTC or its nominee to be, the absolute owner of each Bond for the purpose of payment of the prin- cipal of, premium, if any, and interest on such Bond, for the purpose of all other matters with respect to such Bond, for the purpose of regis- tering transfers with respect to such Bonds, and for all other purposes whatsoever (except for the giving of certain Bondholder consents, in accordance with the practices and proce- dures of DTC as may be applicable thereto). The Paying Agent shall pay all principal of, premium, if any, and interest on the Bonds only to or upon the order of the Bondholders as shown on the Registration Books, and all such payments shall be valid and effective to fully satisfy and discharge the Issuer's obliga- tions with respect to the principal of, premium, if any, and interest on the Bonds to the extent so paid. Notwithstanding the provisions of this Resolution to the contrary (including without limitation those provisions relating to the sur- render of Bonds, registration thereof, and is- suance in Authorized Denominations), as long as the Bonds are Depository Bonds, full effect shall be given to the Representation Letter and the procedures and practices of DTC the- reunder, and the Paying Agent shall comply therewith. (c) Upon (i) a determination by the Issuer that DTC is no longer able to carry out its func- tions or is otherwise determined unsatisfacto- ry, or (ii) a determination by DTC that the Bonds are no longer eligible for its depository 414 Regular Session, November 19, 2007 Book 137 services or (iii) a determination by the Paying Agent that DTC has resigned or discontinued its services for the Bonds, if such substitution is authorized by law, the Issuer shall (A) designate a satisfactory substitute deposi- tory as set forth below or, if a satisfactory substitute is not found, (B) provide for the ex- change of Depository Bonds for replacement Bonds in Authorized Denominations. (d) To the extent authorized by law, if the Issuer determines to provide for the exchange of Depository Bonds for Bonds in Authorized Denominations, the Issuer shall so notify the Paying Agent and shall provide the Registrar with a supply of executed unauthenticated Bonds to be so exchanged. The Registrar shall thereupon notify the owners of the Bonds and provide for such exchange, and to the extent that the Beneficial Owners are designated as the transferee by the owners, the Bonds will be delivered in appropriate form, content and Au- thorized Denominations to the Beneficial Own- ers, as their interests appear. (e) Any substitute depository shall be des- ignated in writing by the Issuer to the Paying Agent. Any such substitute depository shall be a qualified and registered "clearing agency" as provided in Section 17A of the Securities Ex- change Act of 1934, as amended. The substi- tute depository shall provide for (i) immobilization of the Depository Bonds, (ii) registration and transfer of interests in De- pository Bonds by book entries made on records of the depository or its nominee and (iii) payment of principal of, premium, if any, and interest on the Bonds in accordance with and as such interests may appear with respect to such book entries. Section 8. Reaistration of Bonds: Appoint- ment of Reaistrar: Transfer: Ownership: Deli- very: and Cancellation. (a) Reaistration. The ownership of Bonds may be transferred only by the making of an entry upon the books kept for the registration and transfer of ownership of the Bonds, and in no other way. Wells Fargo Bank, National As- sociation is hereby appointed as Bond Regi- strar under the terms of this Resolution (and under the provisions of a separate agreement with the Issuer filed herewith which is made a part hereof by this reference.) Registrar shall maintain the books of the Issuer for the regis- tration of ownership of the Bonds for the pay- ment of principal of and interest on the Bonds as provided in this Resolution. All Bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.31 of the Code of Iowa, subject to the provisions for registration and transfer contained in the Bonds and in this Resolution. (b) Transfer. The ownership of any Bond may be transferred only upon the Registration Books kept for the registration and transfer of Bonds and only upon surrender thereof at the office of the Registrar together with an as- signment duly executed by the holder or his duly authorized attorney in fact in such form as shall be satisfactory to the Registrar, along with the address and social security number or federal employer identification number of such transferee (or, if registration is to be made in the name of multiple individuals, of all such transferees). In the event that the address of the registered owner of a Bond (other than a registered owner which is the nominee of the broker or dealer in question) is that of a broker or dealer, there must be disclosed on the Reg- istration Books the information pertaining to the registered owner required above. Upon the transfer of any such Bond, a new fully regis- tered Bond, of any denomination or denomina- tions permitted by this Resolution in aggregate principal amount equal to the unmatured and unredeemed principal amount of such trans- ferred fully registered Bond, and bearing inter- est at the same rate and maturing on the same date or dates shall be delivered by the Regi- strar. (c) Reaistration of Transferred Bonds. In all cases of the transfer of the Bonds, the Regi- strar shall register, at the earliest practicable time, on the Registration Books, the Bonds, in accordance with the provisions of this Resolu- tion. (d) Ownership. As to any Bond, the person in whose name the ownership of the same shall be registered on the Registration Books of the Registrar shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of or on account of the principal of any such Bonds and the premium, if any, and interest thereon shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and dis- charge the liability upon such Bond, including the interest thereon, to the extent of the sum or sums so paid. (e) Cancellation. All Bonds which have been redeemed shall not be reissued but shall be cancelled by the Registrar. All Bonds which are cancelled by the Registrar shall be de- stroyed and a certificate of the destruction thereof shall be furnished promptly to the Issu- er; provided that if the Issuer shall so direct, the Registrar shall forward the cancelled Bonds to the Issuer. (f) Non-Presentment of Bonds. In the event any payment check representing payment of principal of or interest on the Bonds is returned to the Paying Agent or if any bond is not pre- sented for payment of principal at the maturity or redemption date, if funds sufficient to pay such principal of or interest on Bonds shall have been made available to the Paying Agent for the benefit of the owner thereof, all liability of the Issuer to the owner thereof for such in- terest or payment of such Bonds shall forthwith Book 137 Regular Session, November 19, 2007 cease, terminate and be completely dis- charged, and thereupon it shall be the duty of the Paying Agent to hold such funds, without liability for interest thereon, for the benefit of the owner of such Bonds who shall thereafter be restricted exclusively to such funds for any claim of whatever nature on his part under this Resolution or on, or with respect to, such in- terest or Bonds. The Paying Agent's obligation to hold such funds shall continue for a period equal to two years and six months following the date on which such interest or principal became due, whether at maturity, or at the date fixed for redemption thereof, or otherwise, at which time the Paying Agent, shall surrend- er any remaining funds so held to the Issuer, whereupon any claim under this Resolution by the Owners of such interest or Bonds of what- ever nature shall be made upon the Issuer. (g) Reaistration and Transfer Fees. The Registrar may furnish to each owner, at the Issuer's expense, one bond for each annual maturity. The Registrar shall furnish additional bonds in lesser denominations (but not less than the minimum denomination) to an owner who so requests. Section 9. Reissuance of Mutilated. De- stroyed. Stolen or Lost Bonds. In case any outstanding Bond shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the request of Registrar authenticate and de- liver anew Bond of like tenor and amount as the Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond to Registrar, upon surrender of such mutilated Bond, or in lieu of and substitu- tion for the Bond destroyed, stolen or lost, upon filing with the Registrar evidence satis- factory to the Registrar and Issuer that such Bond has been destroyed, stolen or lost and proof of ownership thereof, and upon furnish- ing the Registrar and Issuer with satisfactory indemnity and complying with such other rea- sonable regulations as the Issuer or its agent may prescribe and paying such expenses as the Issuer may incur in connection therewith. Section 10. Record Date. Payments of principal and interest, otherwise than upon full redemption, made in respect of any Bond, shall be made to the registered holder thereof or to their designated agent as the same ap- pear on the books of the Registrar on the 15th day preceding the payment date. All such payments shall fully discharge the obligations of the Issuer in respect of such Bonds to the extent of the payments so made. Payment of principal shall only be made upon surrender of the Bond to the Paying Agent. Section 11. Execution. Authentication and Delivery of the Bonds. Upon the adoption of this Resolution, the Mayor and Clerk shall ex- ecute and deliver the Bonds to the Registrar, who shall authenticate the Bonds and deliver the same to or upon order of the Purchaser. 415 No Bond shall be valid or obligatory for any purpose or shall be entitled to any right or benefit hereunder unless the Registrar shall duly endorse and execute on such Bond a Certificate of Authentication substantially in the form of the Certificate herein set forth. Such Certificate upon any Bond executed on behalf of the Issuer shall be conclusive evidence that the Bond so authenticated has been duly is- sued under this Resolution and that the holder thereof is entitled to the benefits of this Reso- lution. No Bonds shall be authenticated and deli- vered by the Registrar unless and until there shall have been provided the following: 1. A certified copy of the Resolution of Is- suer authorizing the issuance of the Bonds; 2. A written order of Issuer signed by the Treasurer of the Issuer directing the authentication and delivery of the Bonds to or upon the order of the Pur- chaser upon payment of the purchase price as set forth therein; 3. The approving opinion of Ahlers & Coo- ney, P.C., Bond Counsel, concerning the validity and legality of all the Bonds proposed to be issued. Section 12. Riaht to Name Substitute Pav- ina Aaent or Reaistrar. Issuer reserves the right to name a substitute, successor Registrar or Paying Agent upon giving prompt written notice to each registered bondholder. Section 13. Form of Bond. Bonds shall be printed in substantial compliance with stan- dards proposed by the American Standards Institute substantially in the form as [provided]. Section 14. Contract Between Issuer and Purchaser. This Resolution constitutes a con- tract between said City and the purchaser of the Bonds. Section 15. Non-Arbitraae Covenants. The Issuer reasonably expects and covenants that no use will be made of the proceeds from the issuance and sale of the Bonds issued he- reunder which will cause any of the Bonds to be classified as arbitrage bonds within the meaning of Sections 148(a) and (b) of the In- ternal Revenue Code of the United States, as amended, and that throughout the term of the Bonds it will comply with the requirements of statutes and regulations issued thereunder. To the best knowledge and belief of the Is- suer, there are no facts or circumstances that would materially change the foregoing state- ments or the conclusion that it is not expected that the proceeds of the Bonds will be used in a manner that would cause the Bonds to be arbitrage bonds. Without limiting the generality of the foregoing, the Issuer hereby agrees to comply with the provisions of the Tax Exemp- tion Certificate and the provisions of the Tax Exemption Certificate are hereby incorporated by reference as part of this Resolution. The 416 Regular Session, November 19, 2007 Book 137 Treasurer is hereby directed to make and in- sert all calculations and determinations neces- sary to complete the Tax Exemption Certificate in all respects and to execute and deliver the Tax Exemption Certificate at issuance of the Bonds to certify as to the reasonable expecta- tions and covenants of the Issuer at that date. Section 16. Additional Covenants. Repre- sentations and Warranties of the Issuer. The Issuer certifies and covenants with the pur- chasers and holders of the Bonds from time to time outstanding that the Issuer through its officers, (a) will make such further specific covenants, representations and assurances as may be necessary or advisable; (b) comply with all representations, covenants and assur- ances contained in the Tax Exemption Certifi- cate, which Tax Exemption Certificate shall constitute a part of the contract between the Issuer and the owners of the Bonds; (c) con- sult with bond counsel (as defined in the Tax Exemption Certificate); (d) pay to the United States, as necessary, such sums of money representing required rebates of excess arbi- trage profits relating to the Bonds; (e) file such forms, statements and supporting documents as may be required and in a timely manner; and (f) if deemed necessary or advisable by its officers, to employ and pay fiscal agents, fi- nancial advisors, attorneys and other persons to assist the Issuer in such compliance. Section 17. Amendment of Resolution to Maintain Tax Exemption. This Resolution may be amended without the consent of any owner of the Bonds if, in the opinion of bond counsel, such amendment is necessary to maintain tax exemption with respect to the Bonds under applicable Federal law or regulations. Section 18. Qualified Tax-Exempt Obliaa- tions. For the sole purpose of qualifying the Bonds as "Qualified Tax-Exempt Obligations" pursuant to the Internal Revenue Code of the United States, the Issuer designates the Bonds as qualified tax-exempt obligations and represents that the reasonably anticipated amount of tax-exempt governmental and Code Section 501(c)3 obligations which will be is- sued during the current calendar year will not exceed Ten (10) Million Dollars. Section 19. Continuina Disclosure. The Is- suer hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate, and the provisions of the Continuing Disclosure Certificate are hereby incorporated by refer- ence as part of this Resolution and made a part hereof. Notwithstanding any other provi- sion of this Resolution, failure of the Issuer to comply with the Continuing Disclosure Certifi- cate shall not be considered an event of de- fault under this Resolution; however, any hold- er of the Bonds or Beneficial Owner may take such actions as may be necessary and appro- priate, including seeking specific performance by court order, to cause the Issuer to comply with its obligations under the Continuing Dis- closure Certificate. For purposes of this sec- tion, "Beneficial Owner" means any person which (a) has the power, directly or indirectly, to vote or consent with respect to, or to dis- pose of ownership of, any Bond (including persons holding Bonds through nominees, depositories or other intermediaries), or (b) is treated as the owner of any Bonds for federal income tax purposes. Section 20. Severabilitv Clause. If any sec- tion, paragraph, clause or provision of this Resolution be held invalid, such invalidity shall not affect any of the remaining provisions he- reof, and this Resolution shall become effec- tive immediately upon its passage and ap- proval. Section 21. Repeal of Conflictina Resolu- tions or Ordinances. That all ordinances and resolutions and parts of ordinances and reso- lutions in conflict herewith are hereby re- pealed. Passed, approved, and adopted this 19t" day of November, 2007. Patricia A. Cline, Mayor Pro Tem Attest: Kevin S. Firnstahl, Assistant City Clerk General Obligation Refunding Bonds - Se- ries 2007B: City Manager recommending ap- proval of the final action necessary for the is- suance of the General Obligation Refunding Bonds -Series 2007B. Upon motion the doc- uments were received and filed and Resolution No. 551-07 Appointing Wells Fargo Bank, Na- tional Association of Des Moines, Iowa, to serve as Paying Agent, Bond Registrar, and Transfer Agent and approving the Paying Agent and Bond Registrar and Transfer Agent Agreement and authorizing the execution of the Agreement; Resolution No. 552-07 Autho- rizing and providing for the issuance of $2,965,000 General Obligation Refunding Bonds, Series 2007B, and levying a tax to pay said bonds; and Resolution No. 553-07 Autho- rizing the redemption of the outstanding Gen- eral Obligation Bonds, Series 2000C, dated November 1, 2000, of the City of Dubuque, Iowa, and directing notice of redemption were adopted. RESOLUTION NO. 551-07 APPOINTING WELLS FARGO BANK, NA- TIONAL ASSOCIATION OF DES MOINES, IOWA, TO SERVE AS PAYING AGENT, BOND REGISTRAR, AND TRANSFER AGENT, APPROVING THE PAYING AGENT AND BOND REGISTRAR AND TRANSFER AGENT AGREEMENT AND AUTHORIZING THE EXECUTION OF THE AGREEMENT WHEREAS, pursuant to the provisions of Chapter 75 of the Code of Iowa, $2,965,000 General Obligation Refunding Bonds, Series 2007B, dated December 1, 2007, have been Book 137 Regular Session, November 19, 2007 sold at public sale and action should now be taken to provide for the maintenance of records, registration of certificates and pay- ment of principal and interest in connection with the issuance of the Bonds; and WHEREAS, this Council has deemed that the services offered by Wells Fargo Bank, Na- tional Association of Des Moines, Iowa, are necessary for compliance with rules, regula- tions, and requirements governing the registra- tion, transfer and payment of registered Bonds; and WHEREAS, a Paying Agent, Bond Regi- strar and Transfer Agent Agreement (hereafter "Agreement") has been prepared to be entered into between the City and Wells Fargo Bank, National Association. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1. That Wells Fargo Bank, National Association of Des Moines, Iowa, is hereby appointed to serve as Paying Agent, Bond Registrar and Transfer Agent in connection with the issuance of $2,965,000 General Obli- gation Refunding Bonds, Series 20076, dated December 1, 2007. Section 2. That the Agreement with Wells Fargo Bank, National Association of Des Moines, Iowa, is hereby approved and that the Mayor and Clerk are authorized to sign the Agreement on behalf of the City. Passed, approved, and adopted this 19t" day of November, 2007. Patricia A. Cline, Mayor Pro Tem Attest: Kevin S. Firnstahl, Assistant City Clerk RESOLUTION NO. 552-07 AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $2,965,000 GENERAL OBLI- GATION REFUNDING BONDS, SERIES 20076, AND LEVYING A TAX TO PAY SAID BONDS WHEREAS, the Issuer is duly incorpo- rated, organized and exists under and by vir- tue of the laws and Constitution of the State of Iowa; and WHEREAS, the Issuer is in need of funds to pay costs of refunding and refinancing of certain outstanding City indebtedness, consist- ing of the General Obligation Bonds, Series 2000C, dated November 1, 2000, an essential corporate purpose, and it is deemed neces- sary and advisable that General Obligation Refunding Bonds in the amount of $2,965,000 be issued for said purpose; and WHEREAS, pursuant to notice published as required by Section 384.25 of said Code, this Council has held a public meeting and hearing upon the proposal to institute proceed- ings for the issuance of said Bonds, and the Council is therefore now authorized to proceed with the issuance of said Bonds; and WHEREAS, pursuant to the provisions of 417 Chapter 75 of the Code of Iowa, the above mentioned Bonds were heretofore sold at pub- lic sale and action should now be taken to is- sue said Bonds conforming to the terms and conditions of the best bid received at the ad- vertised public sale: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Definitions. The following terms shall have the following meanings in this Reso- lution unless the text expressly or by neces- sary implication requires otherwise: ^ "Authorized Denominations" shall mean $5,000 or any integral multiple the- reof. ^ "Beneficial Owner" shall mean the person in whose name such Bond is rec- orded as the beneficial owner of a Bond by a Participant on the records of such Partic- ipant or such person's subrogee. ^ "Bond Fund" shall mean the fund created in Section 3 of this Resolution. ^ "Bonds" shall mean $2,965,000 Gen- eral Obligation Bonds, Series 20076, au- thorized to be issued by this Resolution. ^ "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor nominee of DTC with respect to the Bonds. ^ "Continuing Disclosure Certificate" shall mean that certain Continuing Disclo- sure Certificate executed by the Issuer and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in ac- cordance with the terms thereof. ^ "Depository Bonds" shall mean the Bonds as issued in the form of one global certificate for each maturity, registered in the Registration Books maintained by the Registrar in the name of DTC or its nomi- nee. ^ "DTC" shall mean The Depository Trust Company, New York, New York, a limited purpose trust company, or any suc- cessor book-entry securities depository appointed for the Bonds. ^ "Escrow Fund" shall mean the fund required to be established by this Resolu- tion for the deposit of the proceeds of the Bonds. ^ "Issuer" and "City" shall mean the City of Dubuque, Iowa. ^ "Participants" shall mean those bro- ker-dealers, banks and other financial insti- tutions for which DTC holds Bonds as se- curities depository. ^ "Paying Agent" shall mean Wells Fargo Bank, National Association, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein as Issuer's 418 Regular Session, November 19, 2007 Book 137 agent to provide for the payment of prin- cipal of and interest on the Bonds as the same shall become due. ^ "Rebate Fund" shall mean the fund so defined in and established pursuant to the Tax Exemption Certificate. ^ "Refunded Bonds" shall mean the 2010 through 2017 principal maturities of the General Obligation Bonds, Series 2000C, dated November 1, 2000. ^ "Refunding Trust Agreement" shall mean the Refunding Trust Agreement dated as of December 1, 2007 between the Issuer and Wells Fargo Bank, N.A., as Trustee thereunder. ^ "Representation Letter" shall mean the Blanket Issuer Letter of Representa- tions executed and delivered by the Issuer to DTC. ^ "Resolution" shall mean this resolu- tion authorizing the Bonds. ^ "Tax Exemption Certificate" shall mean the Tax Exemption Certificate ex- ecuted by the Treasurer and delivered at the time of issuance and delivery of the Bonds. ^ "Treasurer" shall mean the City Trea- surer or such other officer as shall succeed to the same duties and responsibilities with respect to the recording and payment of the Bonds issued hereunder. Section 2. Levv and Certification of Annual Tax: Other Funds to be Used. (a) Levv of Annual Tax. That for the pur- pose of providing funds to pay the principal and interest of the Bonds hereinafter autho- rized to be issued, there is hereby levied for each future year the following direct annual tax on all of the taxable property in Dubuque, Iowa, to-wit: FISCAL YEAR (JULY 1 TO JUNE 30) AMOUNT YEAR OF COLLECTION: $166,781 2008/2009 431,188 2009/2010 434,188 2010/2011 436,625 2011/2012 433, 500 2012/2013 435, 000 2013/2014 435, 938 2014/2015 441, 313 2015/2016 440, 938 2016/2017 (NOTE: For example the levy to be made and certified against the taxable valuations of January 1, 2007, will be collected during the fiscal year commencing July 1, 2008). (b) Resolution to be Filed With County Au- ditor. Acertified copy of this Resolution should be filed with the County Auditor of Dubuque County, Iowa, and said Auditor is hereby in- structed in and for each of the years as pro- vided, to levy and assess the tax hereby au- thorized in Section 2 of this Resolution, in like manner as other taxes are levied and as- sessed, and such taxes so levied in and for each of the years aforesaid be collected in like manner as other taxes of the City are col- lected, and when collected be used for the purpose of paying principal and interest on said Bonds issued in anticipation of said tax, and for no other purpose whatsoever. (c) Additional Citv Funds Available. Prin- cipal and interest coming due at any time when the proceeds of said tax on hand shall be insufficient to pay the same shall be promptly paid when due from current funds of the City available for that purpose and reim- bursement shall be made from such special fund in the amounts thus advanced. Section 3. Bond Fund. Said tax shall be collected each year at the same time and in the same manner as, and in addition to, all other taxes in and for the City, and when col- lected they shall be converted into a special fund within the Debt Service Fund to be known as the "GENERAL OBLIGATION REFUNDING BOND FUND 2007B" (the "Bond Fund"), which is hereby pledged for and shall be used only for the payment of the principal of and interest on the Bonds hereinafter authorized to be is- sued; and also there shall be apportioned to said fund its proportion of taxes received by the City from property that is centrally as- sessed by the State of Iowa. Section 4. Deposit of Proceeds In Escrow. The proceeds derived from the sale of the Bonds herein authorized shall be placed in escrow with Wells Fargo Bank, N.A. of Dubu- que, Iowa, as Trustee under the Refunding Trust Agreement, which Trustee shall 1) hold such proceeds in a special and irrevocable trust fund, 2) invest such proceeds only in cash or direct obligations of the United States, and 3) apply such proceeds and earnings thereon only in accordance with the terms and conditions of the Refunding Trust Agreement in such manner that the amounts deposited will be sufficient, without the need of any fur- ther investment or reinvestment to retire all of the Refunded Bonds on June 1, 2009. All the terms and conditions of the Refunding Trust Agreement are hereby incorporated by refer- ence in this Resolution as if set forth herein in full. The Refunding Trust Agreement is hereby approved and confirmed as binding upon the Issuer, and the Mayor and City Clerk are here- by authorized to execute the same on behalf of the Issuer. Section 5. Investments of Bond Fund Proceeds. All moneys held in the Bond Fund, provided for by Section 3 of this Resolution shall be invested in investments permitted by Chapter 12B, Code of Iowa, 2007 (formerly Chapter 452, Code of Iowa, as amended) or deposited in financial institutions which are members of the Federal Deposit Insurance Corporation and the deposits in which are in- Book 137 Regular Session, November 19, 2007 sured thereby and all such deposits exceeding the maximum amount insured from time to time by FDIC or its equivalent successor in any one financial institution shall be conti- nuously secured in compliance with the State Sinking Fund provided under Chapter 12C of the Code of Iowa, 2007, as amended or oth- erwise by a valid pledge of direct obligations of the United States Government having an equivalent market value. All such interim in- vestments shall mature before the date on which the moneys are required for payment of principal of or interest on the Bonds as herein provided. Section 6. Bond Details. Execution and Redemption. (a) Bond Details. General Obligation Re- funding Bonds, Series 2007B, of the City in the amount of $2,965,000, shall be issued pur- suant to the provisions of Section 384.25 of the City Code of Iowa for the aforesaid pur- pose. The Bonds shall be designated "GEN- ERAL OBLIGATION REFUNDING BOND, SERIES 2007B", dated December 1, 2007, and bear interest from the date thereof, until payment thereof, at the office of the Paying Agent, said interest payable on June 1, 2008, and semiannually thereafter on the Ist day of June and December in each year until maturity at the rates hereinafter provided. The Bonds shall be executed by the ma- nual or facsimile signature of the Mayor and attested by the manual or facsimile signature of the Clerk, and impressed or printed with the seal of the City and shall be fully registered as to both principal and interest as provided in this Resolution; principal, interest and pre- mium, if any, shall be payable at the office of the Paying Agent by mailing of a check to the registered owner of the Bond. The Bonds shall be in the denomination of $5,000 or multiples thereof. The Bonds shall mature and bear in- terest as follows: Interest Principal Maturity Rate Amount June 1st 3.750% $320,000 2010 3.750 335, 000 2011 3.750 350, 000 2012 3.750 360, 000 2013 3.750 375, 000 2014 3.750 390, 000 2015 3.750 410, 000 2016 3.750 425, 000 2017 (b) Redemption. Bonds maturing after June 1, 2015 may be called for redemption by the Issuer and paid before maturity on said date or any date thereafter, from any funds regardless of source, in whole or from time to time in part, in any order of maturity and within an annual maturity by lot. The terms of redemption shall be par, plus accrued interest to date of call. Thirty days' notice of redemption shall be given by certified mail to the registered owner 419 of the Bond. Failure to give such notice by mail to any registered owner of the Bonds or any defect therein shall not affect the validity of any proceedings for the redemption of the Bonds. All bonds or portions thereof called for re- demption will cease to bear interest after the specified redemption date, provided funds for their redemption are on deposit at the place of payment. If selection by lot within a maturity is re- quired, the Registrar shall designate the bonds to be redeemed by random selection of the names of the registered owners of the entire annual maturity until the total amount of bonds to be called has been reached. Section 7. Issuance of Bonds in Book- Entrv Form: Replacement Bonds. (a) Notwithstanding the other provisions of this Resolution regarding registration, owner- ship, transfer, payment and exchange of the Bonds, unless the Issuer determines to permit the exchange of Depository Bonds for Bonds in the Authorized Denominations, the Bonds shall be issued as Depository Bonds in deno- minations of the entire principal amount of each maturity of Bonds (or, if a portion of said principal amount is prepaid, said principal amount less the prepaid amount); and such Depository Bonds shall be registered in the name of Cede & Co., as nominee of DTC. Payment of semi-annual interest for any De- pository Bond shall be made by wire transfer or New York Clearing House or equivalent next day funds to the account of Cede & Co. on the interest payment date for the Bonds at the address indicated in or pursuant to the Representation Letter. (b) With respect to Depository Bonds, nei- therthe Issuer nor the Paying Agent shall have any responsibility or obligation to any Partici- pant or to any Beneficial Owner. Without limit- ing the immediately preceding sentence, nei- therthe Issuer nor the Paying Agent shall have any responsibility or obligation with respect to (i) the accuracy of the records of DTC or its nominee or of any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Participant, any Beneficial Owner or any other person, other than DTC or its nominee, of any notice with respect to the Bonds, (iii) the payment to any Participant, any Beneficial Owner or any other person, other than DTC or its nominee, of any amount with respect to the principal of, premium, if any, or interest on the Bonds, or (iv) the failure of DTC to provide any information or notification on behalf of any Participant or Beneficial Owner. The Issuer and the Paying Agent may treat DTC or its nominee as, and deem DTC or its nominee to be, the absolute owner of each Bond for the purpose of payment of the prin- cipal of, premium, if any, and interest on such Bond, for the purpose of all other matters with respect to such Bond, for the purpose of regis- 420 Regular Session, November 19, 2007 Book 137 tering transfers with respect to such Bonds, and for all other purposes whatsoever (except for the giving of certain Bondholder consents, in accordance with the practices and proce- dures of DTC as may be applicable thereto). The Paying Agent shall pay all principal of, premium, if any, and interest on the Bonds only to or upon the order of the Bondholders as shown on the Registration Books, and all such payments shall be valid and effective to fully satisfy and discharge the Issuer's obliga- tions with respect to the principal of, premium, if any, and interest on the Bonds to the extent so paid. Notwithstanding the provisions of this Resolution to the contrary (including without limitation those provisions relating to the sur- render of Bonds, registration thereof, and is- suance in Authorized Denominations), as long as the Bonds are Depository Bonds, full effect shall be given to the Representation Letter and the procedures and practices of DTC the- reunder, and the Paying Agent shall comply therewith. (c) Upon (i) a determination by the Issuer that DTC is no longer able to carry out its func- tions or is otherwise determined unsatisfacto- ry, or (ii) a determination by DTC that the Bonds are no longer eligible for its depository services or (iii) a determination by the Paying Agent that DTC has resigned or discontinued its services for the Bonds, if such substitution is authorized by law, the Issuer shall (A) designate a satisfactory substitute deposi- tory as set forth below or, if a satisfactory substitute is not found, (B) provide for the ex- change of Depository Bonds for replacement Bonds in Authorized Denominations. (d) To the extent authorized by law, if the Issuer determines to provide for the exchange of Depository Bonds for Bonds in Authorized Denominations, the Issuer shall so notify the Paying Agent and shall provide the Registrar with a supply of executed unauthenticated Bonds to be so exchanged. The Registrar shall thereupon notify the owners of the Bonds and provide for such exchange, and to the extent that the Beneficial Owners are designated as the transferee by the owners, the Bonds will be delivered in appropriate form, content and Au- thorized Denominations to the Beneficial Own- ers, as their interests appear. (e) Any substitute depository shall be des- ignated in writing by the Issuer to the Paying Agent. Any such substitute depository shall be a qualified and registered "clearing agency" as provided in Section 17A of the Securities Ex- change Act of 1934, as amended. The substi- tute depository shall provide for (i) immobilization of the Depository Bonds, (ii) registration and transfer of interests in De- pository Bonds by book entries made on records of the depository or its nominee and (iii) payment of principal of, premium, if any, and interest on the Bonds in accordance with and as such interests may appear with respect to such book entries. Section 8. Reaistration of Bonds: Appoint- ment of Reaistrar: Transfer: Ownership: Deli- very: and Cancellation. (a) Reaistration. The ownership of Bonds may be transferred only by the making of an entry upon the books kept for the registration and transfer of ownership of the Bonds, and in no other way. Wells Fargo Bank, National As- sociation is hereby appointed as Bond Regi- strar under the terms of this Resolution (and under the provisions of a separate agreement with the Issuer filed herewith which is made a part hereof by this reference.) Registrar shall maintain the books of the Issuer for the regis- tration of ownership of the Bonds for the pay- ment of principal of and interest on the Bonds as provided in this Resolution. All Bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.31 of the Code of Iowa, subject to the provisions for registration and transfer contained in the Bonds and in this Resolution. (b) Transfer. The ownership of any Bond may be transferred only upon the Registration Books kept for the registration and transfer of Bonds and only upon surrender thereof at the office of the Registrar together with an as- signment duly executed by the holder or his duly authorized attorney in fact in such form as shall be satisfactory to the Registrar, along with the address and social security number or federal employer identification number of such transferee (or, if registration is to be made in the name of multiple individuals, of all such transferees). In the event that the address of the registered owner of a Bond (other than a registered owner which is the nominee of the broker or dealer in question) is that of a broker or dealer, there must be disclosed on the Reg- istration Books the information pertaining to the registered owner required above. Upon the transfer of any such Bond, a new fully regis- tered Bond, of any denomination or denomina- tions permitted by this Resolution in aggregate principal amount equal to the unmatured and unredeemed principal amount of such trans- ferred fully registered Bond, and bearing inter- est at the same rate and maturing on the same date or dates shall be delivered by the Regi- strar. (c) Reaistration of Transferred Bonds. In all cases of the transfer of the Bonds, the Regi- strar shall register, at the earliest practicable time, on the Registration Books, the Bonds, in accordance with the provisions of this Resolu- tion. (d) Ownership. As to any Bond, the person in whose name the ownership of the same shall be registered on the Registration Books of the Registrar shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of or on account of the principal Book 137 Regular Session, November 19, 2007 of any such Bonds and the premium, if any, and interest thereon shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and dis- charge the liability upon such Bond, including the interest thereon, to the extent of the sum or sums so paid. (e) Cancellation. All Bonds which have been redeemed shall not be reissued but shall be cancelled by the Registrar. All Bonds which are cancelled by the Registrar shall be de- stroyed and a certificate of the destruction thereof shall be furnished promptly to the Issu- er; provided that if the Issuer shall so direct, the Registrar shall forward the cancelled Bonds to the Issuer. (f) Non-Presentment of Bonds. In the event any payment check representing payment of principal of or interest on the Bonds is returned to the Paying Agent or if any bond is not pre- sented for payment of principal at the maturity or redemption date, if funds sufficient to pay such principal of or interest on Bonds shall have been made available to the Paying Agent for the benefit of the owner thereof, all liability of the Issuer to the owner thereof for such in- terest or payment of such Bonds shall forthwith cease, terminate and be completely dis- charged, and thereupon it shall be the duty of the Paying Agent to hold such funds, without liability for interest thereon, for the benefit of the owner of such Bonds who shall thereafter be restricted exclusively to such funds for any claim of whatever nature on his part under this Resolution or on, or with respect to, such in- terest or Bonds. The Paying Agent's obligation to hold such funds shall continue for a period equal to two years and six months following the date on which such interest or principal became due, whether at maturity, or at the date fixed for redemption thereof, or otherwise, at which time the Paying Agent, shall surrend- er any remaining funds so held to the Issuer, whereupon any claim under this Resolution by the Owners of such interest or Bonds of what- ever nature shall be made upon the Issuer. (g) Reaistration and Transfer Fees. The Registrar may furnish to each owner, at the Issuer's expense, one bond for each annual maturity. The Registrar shall furnish additional bonds in lesser denominations (but not less than the minimum denomination) to an owner who so requests. Section 9. Reissuance of Mutilated, De- stroyed. Stolen or Lost Bonds. In case any outstanding Bond shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the request of Registrar authenticate and de- liver anew Bond of like tenor and amount as the Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond to Registrar, upon surrender of such mutilated Bond, or in lieu of and substitu- 421 tion for the Bond destroyed, stolen or lost, upon filing with the Registrar evidence satis- factory to the Registrar and Issuer that such Bond has been destroyed, stolen or lost and proof of ownership thereof, and upon furnish- ing the Registrar and Issuer with satisfactory indemnity and complying with such other rea- sonable regulations as the Issuer or its agent may prescribe and paying such expenses as the Issuer may incur in connection therewith. Section 10. Record Date. Payments of principal and interest, otherwise than upon full redemption, made in respect of any Bond, shall be made to the registered holder thereof or to their designated agent as the same ap- pear on the books of the Registrar on the 15th day preceding the payment date. All such payments shall fully discharge the obligations of the Issuer in respect of such Bonds to the extent of the payments so made. Payment of principal shall only be made upon surrender of the Bond to the Paying Agent. Section 11. Execution. Authentication and Delivery of the Bonds. Upon the adoption of this Resolution, the Mayor and Clerk shall ex- ecute and deliver the Bonds to the Registrar, who shall authenticate the Bonds and deliver the same to or upon order of the Purchaser. No Bond shall be valid or obligatory for any purpose or shall be entitled to any right or benefit hereunder unless the Registrar shall duly endorse and execute on such Bond a Certificate of Authentication substantially in the form of the Certificate herein set forth. Such Certificate upon any Bond executed on behalf of the Issuer shall be conclusive evidence that the Bond so authenticated has been duly is- sued under this Resolution and that the holder thereof is entitled to the benefits of this Reso- lution. No Bonds shall be authenticated and deli- vered by the Registrar unless and until there shall have been provided the following: 1. A certified copy of the Resolution of Issuer authorizing the issuance of the Bonds; 2. A written order of Issuer signed by the Treasurer of the Issuer directing the authentication and delivery of the Bonds to or upon the order of the Pur- chaser upon payment of the purchase price as set forth therein; 3. The approving opinion of Ahlers & Cooney, P.C., Bond Counsel, con- cerning the validity and legality of all the Bonds proposed to be issued. Section 12. Riaht to Name Substitute Pav- ina Aaent or Reaistrar. Issuer reserves the right to name a substitute, successor Registrar or Paying Agent upon giving prompt written notice to each registered bondholder. Section 13. Form of Bond. Bonds shall be printed in substantial compliance with stan- dards proposed by the American Standards 422 Regular Session, November 19, 2007 Book 137 Institute substantially in the form as [provided]. Section 14. Contract Between Issuer and Purchaser. This Resolution constitutes a con- tract between said City and the purchaser of the Bonds. Section 15. Non-Arbitraae Covenants. The Issuer reasonably expects and covenants that no use will be made of the proceeds from the issuance and sale of the Bonds issued he- reunder which will cause any of the Bonds to be classified as arbitrage bonds within the meaning of Sections 148(a) and (b) of the In- ternal Revenue Code of the United States, as amended, and that throughout the term of the Bonds it will comply with the requirements of statutes and regulations issued thereunder. To the best knowledge and belief of the Is- suer, there are no facts or circumstances that would materially change the foregoing state- ments or the conclusion that it is not expected that the proceeds of the Bonds will be used in a manner that would cause the Bonds to be arbitrage bonds. Without limiting the generality of the foregoing, the Issuer hereby agrees to comply with the provisions of the Tax Exemp- tion Certificate and the provisions of the Tax Exemption Certificate are hereby incorporated by reference as part of this Resolution. The Treasurer is hereby directed to make and in- sert all calculations and determinations neces- sary to complete the Tax Exemption Certificate in all respects and to execute and deliver the Tax Exemption Certificate at issuance of the Bonds to certify as to the reasonable expecta- tions and covenants of the Issuer at that date. Section 16. Additional Covenants. Repre- sentations and Warranties of the Issuer. The Issuer certifies and covenants with the pur- chasers and holders of the Bonds from time to time outstanding that the Issuer through its officers, (a) will make such further specific covenants, representations and assurances as may be necessary or advisable; (b) comply with all representations, covenants and assur- ances contained in the Tax Exemption Certifi- cate, which Tax Exemption Certificate shall constitute a part of the contract between the Issuer and the owners of the Bonds; (c) con- sult with bond counsel (as defined in the Tax Exemption Certificate); (d) pay to the United States, as necessary, such sums of money representing required rebates of excess arbi- trage profits relating to the Bonds; (e) file such forms, statements and supporting documents as may be required and in a timely manner; and (f) if deemed necessary or advisable by its officers, to employ and pay fiscal agents, fi- nancial advisors, attorneys and other persons to assist the Issuer in such compliance. Section 17. Amendment of Resolution to Maintain Tax Exemption. This Resolution may be amended without the consent of any owner of the Bonds if, in the opinion of bond counsel, such amendment is necessary to maintain tax exemption with respect to the Bonds under applicable Federal law or regulations. Section 18. Qualified Tax-Exempt Obliaa- tions. For the sole purpose of qualifying the Bonds as "Qualified Tax Exempt Obligations" pursuant to the Internal Revenue Code of the United States, the Issuer designates the Bonds as qualified tax-exempt obligations and represents that the reasonably anticipated amount of tax exempt governmental and Code Section 501(c)3 obligations which will be is- sued during the current calendar year will not exceed Ten (10) Million Dollars. Section 19. Continuina Disclosure. The Is- suer hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate, and the provisions of the Continuing Disclosure Certificate are hereby incorporated by refer- ence as part of this Resolution and made a part hereof. Notwithstanding any other provi- sion of this Resolution, failure of the Issuer to comply with the Continuing Disclosure Certifi- cate shall not be considered an event of de- fault under this Resolution; however, any hold- er of the Bonds or Beneficial Owner may take such actions as may be necessary and appro- priate, including seeking specific performance by court order, to cause the Issuer to comply with its obligations under the Continuing Dis- closure Certificate. For purposes of this sec- tion, "Beneficial Owner" means any person which (a) has the power, directly or indirectly, to vote or consent with respect to, or to dis- pose of ownership of, any Bond (including persons holding Bonds through nominees, depositories or other intermediaries), or (b) is treated as the owner of any Bonds for federal income tax purposes. Section 20. Severabilitv Clause. If any sec- tion, paragraph, clause or provision of this Resolution be held invalid, such invalidity shall not affect any of the remaining provisions he- reof, and this Resolution shall become effec- tive immediately upon its passage and ap- proval. Section 21. Repeal of Conflictina Resolu- tions or Ordinances. That all ordinances and resolutions and parts of ordinances and reso- lutions in conflict herewith are hereby re- pealed. Passed and approved this 19t" day of No- vember, 2007. Patricia A. Cline, Mayor Pro Tem Attest: Kevin S. Firnstahl, Assistant City Clerk RESOLUTION NO 553-07 RESOLUTION AUTHORIZING THE RE- DEMPTION OF THE OUTSTANDING GEN- ERAL OBLIGATION BONDS, SERIES 2000C, DATED NOVEMBER 1, 2000, OF THE CITY OF DUBUQUE, IOWA, AND DI- RECTING NOTICE OF REDEMPTION WHEREAS, the City did by Resolution Book 137 Regular Session, November 19, 2007 dated November 6, 2000, authorize the is- suance of $6,265,000 General Obligation Bonds, Series 2000C, dated November 1, 2000 (the "Series 2000C Bonds"); and WHEREAS, the Series 2000C Bonds ma- turing after June 1, 2009 are redeemable in any order of maturity upon giving notice in the manner provided in the resolution authorizing the issuance of the Series 2000C Bonds; and WHEREAS, it is deemed necessary and advisable that the Series 2000C Bonds be so redeemed and notice of redemption be given. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the 2010 through 2017 principal maturities of the General Obligation Bonds, Series 2000C, dated November 1, 2000, in the aggregate amount of $2,875,000, be and the same are hereby redeemed as of June 1, 2009. Wells Fargo Bank, N.A., as Registrar and Paying Agent for the Refunded Bonds, is he- reby authorized and directed to cause notice of such redemption to be given not less than thir- ty (30) days prior to the redemption date. Section 2. The Finance Director is hereby authorized and directed to cause to be depo- sited with Wells Fargo Bank, N.A., as trustee under the Refunding Trust Agreement dated as of December 1, 2007, from the proceeds of the General Obligation Refunding Bonds, Se- ries 2007B, an amount sufficient to pay all principal and interest on the redeemed Series 2000C Bonds to the date of redemption. The form of Refunding Trust Agreement is hereby approved and the Mayor and City Clerk are authorized to execute and deliver the same for and on behalf of the City upon issuance of the Series 2007B Bonds. Section 3. That the form of such notice be substantially as follows: NOTICE OF THE CALL OF BONDS FOR REDEMPTION TO THE HOLDERS OF THE FOLLOWING DESCRIBED BONDS: Please take notice that the Bonds de- scribed below have been called for redemp- tion. Owners of the Bonds should present their Bonds for payment on the Redemption Date. Issuer: City of Dubuque, Iowa Original Issue Amount: $6,265,000 Bond Issue:General Obligation Bonds, Series 2000C Dated Date: November 1, 2000 Redemption Date: June 1, 2009 Redemption Price: Par, plus accrued interest Bonds Called for Redemption Principal Interest Maturity CUSIP Amount Rate Date Numbers $295,000 5.125 June 1, 263867 2010 PJ6 315,000 5.125 June 1, 263867 2011 PK3 423 330,000 5.125 June 1, 263867 2012 PL1 345,000 5.125 June 1, 263867 2013 PM9 365,000 5.125 June 1, 263867 2014 PN7 385,000 5.125 June 1, 263867 2015 PP2 410,000 5.125 June 1, 263867 2016 PQO 430,000 5.125 June 1, 263867 2017 PR8 No representation is made as to the accu- racy of the CUSIP numbers printed herein or on the Bonds. The above Bonds should be presented to Wells Fargo Bank, N.A., 666 Walnut Street, Des Moines, Iowa 50309, telephone (515/245-8504). This represents a full call of the outstanding obligations. All interest will cease to accrue on the Redemption Date. Wells Fargo Bank, National Association Passed, approved, and adopted 19t" day of November, 2007. Patricia A. Cline, Mayor Pro Tem Attest: Kevin S. Firnstahl, Assistant City Clerk Terminal Street Pumping Station Electrical Upgrade: City Manager recommending ap- proval of the selection of Strand Associates of Madison, Wisconsin to provide engineering and design services for the electrical upgrades at the Terminal Street Pump Station. Upon motion the documents were received, filed, and approved. Arbitrage Rebate Services: City Manager recommending approval of a contract with the Berens-Tate Consulting Group to prepare arbi- trage calculations related to the City's debt issuance. Upon motion the documents were received, filed, and approved. Dubuque Southgate Investments, Ltd.: Communication from Daniel J. Mueller, Dubu- que Southgate Investments, Ltd., requesting that the City accept the dedication of Gateway Drive and Stone Hill Drive for maintenance. Upon motion the documents were received, filed, and referred to the City Manager. Comprehensive Bluff Plan: Zoning Advi- sory Commission submitting the Comprehen- sive Bluff Plan and recommendations from the Bluffland Advisory Committee for review at the November 26, 2007 City Council work session. Motion by Connors to receive and file the doc- uments. Seconded by Jones. Planning Servic- es Manager Laura Carstens spoke on behalf of the Zoning Advisory Commission, who re- quested direction for the November 26 work session in terms of format and the Commis- sion's role at the work session. Upon discus- sion, Council deferred to the City Manager 424 Regular Session, November 19, 2007 Book 137 who suggested that the Zoning Advisory Commission make a presentation at the work session after which the Council may ask ques- tions and provide input to the Commission. Motion carried 6-0. Business Licenses: City Manager recom- mending approval of annual liquor license re- newals as submitted. Upon motion the docu- ments were received and filed, and Resolution No. 554-07 Granting the issuance of a Class "B" Beer Permit to Big 10 Mart and Kwik Stop Food Mart and Resolution No. 555-07 Grant- ing the issuance of a Class "B" (Hotel/Motel) Liquor License to Grand Harbor Resort and Water Park; Class "C" Beer/Liquor License to Jumpers Sports Bar and Grill, Aragon Tap, Point Restaurant and Yen Chin Restaurant; Special Class "C" Liquor License to Dubuque Family Restaurant and Cookin Something Up; and Class "B" Wine Permit to Cookin Some- thing Up were adopted. RESOLUTION NO. 554-07 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been ex- amined 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 Molo Oil Company, Big 10 Mart+(Sunday Sale), 9t" & Central Avenue Rainbo Oil Company, Kwik Stop Food Mart+(Sunday Sale), 2320 Hwy 61 Passed, approved and adopted this 19th day of November, 2007. Patricia A. Cline, Mayor Pro Tem Attest: Kevin S. Firnstahl, Assistant City Clerk RESOLUTION NO. 555-07 Whereas, applications for Liquor Licenses have been submitted to this Council for ap- proval 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 Ordin- ances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS "B"(HOTEUMOTEL) LIQUOR LICENSE Platinum Holdings LLC, Grand Harbor Resort & Water Park +(Sunday/Outdoor Sale), 350 Bell St. CLASS "C" BEER/LIQUOR LICENSE DM Sports Bar, Inc., Jumpers Sports Bar & Grill +(Sunday Sale), 2600 Dodge St. Aragon Tap, Aragon Tap +(Sunday Sale), 1103 Iowa St. Point Restaurant, Point Restaurant +(Sunday Sale), 2370 Rhomberg Ave. Hernandez Corp., Yen Ching Restaurant, 926 Main St. SPECIAL CLASS "C" LIQUOR PACR Ltd., Dubuque Family Restaurant, 2600 Dodge St. Cookin Something Up, Cookin Something Up +(Sunday Sale), 1640 JFK Rd. CLASS "B" WINE Cookin Something Up, Cookin Something Up, 1640 JFK Rd. Passed, approved and adopted this 19th day of March, 2007. Patricia A. Cline, Mayor Pro Tem Attest: Kevin S. Firnstahl, Assistant City Clerk Motion by Braig for Council to act upon Ac- tion Item #5 (Adult Entertainment Moratorium) and Action Item #4 (Pennsylvania Avenue Speed Reduction and Lane Modification) be- fore continuing with Items to be Set for Public Hearing. Seconded by Jones. Motion carried 6-0. ACTION ITEMS Adult Entertainment Moratorium: City At- torney recommending approval of an amend- ment to Ordinance No. 57-07 prohibiting new adult entertainment establishments within a certain distance of other existing adult enter- tainment establishments during the morato- rium period. Motion by Michalski to receive and file the documents and that the require- ment that a proposed ordinance be considered and voted on for passage at two Council meet- ings prior to the meeting at which it is to be passed be suspended. Seconded by Jones. Motion carried 6-0. Motion by Michalski for final consideration and passage of Ordinance No. 58-07 Amend- ing Ordinance No. 57-07 Amending Appendix A, the Zoning Ordinance, of the City of Dubu- que Code of Ordinances, by adopting a new Section 4-8.4 Establishing a Moratorium on the Use of Certain Property as an Adult Enter- tainment Establishment. Seconded by Con- nors. Motion carried 6-0. Book 137 Regular Session, November 19, 2007 OFFICIAL PUBLICATION ORDINANCE NO. 58-07 AMENDING ORDINANCE NO. 57-07 AMENDING APPENDIX A, THE ZONING ORDINANCE, OF THE CITY OF DUBUQUE CODE OF ORDINANCES, BY ADOPTING A NEW SECTION 4~.4 ESTABLISHING A MORATORIUM ON THE USE OF CERTAIN PROPERTY AS AN ADULT ENTERTAIN- MENT ESTABLISHMENT Whereas, the City of Dubuque Zoning Or- dinance allows adult entertainment establish- ments in certain zoning districts; and Whereas, the City Council desires to gath- er additional input in the process of studying the location and spatial separation of adult entertainment districts in the City of Dubuque; and Whereas, the City Council has adopted Ordinance No. 57-07 establishing a morato- rium on the use of property as an adult enter- tainment establishment; and Whereas, the City Council now desires to amend Ordinance No. 57-07. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque Code of Ordinances is amended by adding the follow- ing new section: Sec. 4-8.4 Moratorium on the Use of Certain Property as an Adult Entertainment Establishment. The building official shall not is- sue apermit for any new construction or substantial enlargement, alteration, repair or remodeling of any structure or building for an adult entertainment establishment within 2000 feet of the property line of property used as an adult entertainment establishment as of the date of this ordinance nor shall any person use any property for an adult entertainment establishment within 2000 feet of the property line of property used as an adult entertain- ment establishment as of the date of this ordinance in the City of Dubuque from the time of the adoption of this Ordinance to June 1, 2008. Any person aggrieved or ad- versely affected by the building offi- cial's refusal to issue a permit or the prohibition on the use of property as provided in this Ordinance shall ap- peal therefrom to the City Council. The City Council may direct the build- ing official to issue a permit or allow the use of such property as an adult entertainment establishment where the City Council finds that the refusal to issue a permit or the prohibition on the use of property would deprive the person of a vested right. 425 Passed, approved and adopted this 19t" day of November, 2007. /s/ Patricia A. Cline, Mayor Pro-Tem Attest: /s/Kevin S. Firnstahl, Assistant City Clerk Published officially in the Telegraph Herald Newspaper the 23~d day of November, 2007. /s/Kevin S. Firnstahl, Assistant City Clerk Pennsylvania Avenue -Speed Reduction and Lane Modification: City Manager recom- mending approval of changes to the traffic conditions in the Pennsylvania Avenue, from John F. Kennedy Road to the Northwest Ar- terial, corridor. 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. Cline referenced City Engineer Gus Psihoyos' memo that his department is in the process of collect- ing information and reviewing other intersec- tions within the City. Michalski asked repre- sentatives of the Dubuque Community School District what Hempstead High School is plan- ning and what they see their role is in correct- ing this issue. Kris Hall of the Dubuque Com- munity School District said that the District is taking this very seriously and they will provide information on what plan is in place and what is planned for the future. Motion carried 6-0. Motion by Jones for final consideration and passage of Ordinance No. 59-07 Amending the City of Dubuque Code of Ordinances Chapter 32 Motor Vehicles and Traffic by re- vising Section 32-321.285(c) Limits Generally, reducing the speed limit on Pennsylvania Ave- nue in the vicinity of Stephen Hempstead High School during the activation of yellow flashing lights. Seconded by Braig. Motion carried 6-0. OFFICIAL PUBLICATION ORDINANCE NO. 59-07 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES CHAPTER 32 MOTOR VE- HICLES AND TRAFFIC BY REVISING SEC- TION 32-321.285(c) LIMITS GENERALLY, REDUCING THE SPEED LIMIT ON PENN- SYLVANIA AVENUE IN THE VICINITY OF STEPHEN HEMPSTEAD HIGH SCHOOL DURING THE ACTIVATION OF YELLOW FLASHING LIGHTS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. City of Dubuque Code of Ordin- ances Section 32-321.285(c) Limits Generally, is hereby amended to read as follows: Sec. 32-321.285(c). Limits Generally: Pennsylvania Avenue, from the east property line of Stephen Hempstead High School to a point approximately 426 Regular Session, November 19, 2007 Book 137 one hundred feet (100') west of Ro- semont Street when yellow flashing lights are activated. The yellow lights shall be coordinated to coincide with the school's calendar. Pennsylvania Avenue, J.F. Kennedy Road to westerly city limits except from the east property line of Stephen Hempstead High School to a point approximately one hundred feet (100') west of Rosemont Street when yellow flashing lights are activated. The yellow lights shall be coordinated to coincide with the school's calendar and when such lights are flashing the speed limit shall be reduced to twen- ty-five miles per hour. Section 2. This Ordinance shall take effect upon publication. Passed, approved and adopted this 19t" day of November, 2007. /s/Patricia A. Cline, Mayor Pro-Tem Attest: /s/Kevin S. Firnstahl, Assistant City Clerk Published officially in the Telegraph Herald Newspaper the 23~d day of November, 2007. /s/Kevin S. Firnstahl, Assistant City Clerk Mayor Buol, via telephone, left the meeting at 7:02 p. m. ITEMS TO BE SET FOR PUBLIC HEARING Motion by Jones to receive and file the documents, set the public hearings as indi- cated, and direct the City Clerk to publish no- tice as prescribed by law. Seconded by Braig. Motion carried 5-0. Dubuque Industrial Center Economic De- velopment District: City Manager recommend- ing that a public hearing be set for January 7, 2008 to consider the removal of the North Sie- gert Farm and the Rail Site from the Dubuque Industrial Center Economic Development Dis- trict. Upon motion the documents were re- ceived and filed, and Resolution No. 556-07 Setting a public hearing on an amendment to the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Eco- nomic Development District removing certain real property from said District was adopted setting a public hearing for a meeting to com- mence at 6:30 p.m. on January 7, 2008, in the Historic Federal Building. RESOLUTION NO. 556-07 SETTING A PUBLIC HEARING ON AN AMENDMENT TO THE AMENDED AND RESTATED URBAN RENEWAL PLAN FOR THE DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT DISTRICT RE- MOVING CERTAIN REAL PROPERTY FROM SAID DISTRICT Whereas, the Dubuque Industrial Center Economic Development District ("District") was created by the Dubuque City Council on May 2, 1988 and most recently amended and res- tated on November 17, 1997; and Whereas, the District was created in ac- cordance with Chapter 403 of the Code of Iowa; and Whereas, City staff has proposed that the following described property be considered for removal from the District: Lot 1-1 NW 1/4-NE 1/4; Lot 1 E 1/4 NE 1/4-NW 1/4; W 3/4 NE 1/4- NW 1/4; Lot 2-1 SE 1/4-NW 1/4; Lot 1-1 SE 1/4-NW 1/4; and the SW 1/4-NE '/4 all in Sec- tion 30, Township 89 North, Range 2 East, 5th Principal Meridian in the City of Dubuque, Du- buque County, Iowa (hereinafter referred to as "North Siegert Farm); and Lot 4 of Dubuque Industrial Center West 5t" Addition, and Lot B of Dubuque Industrial Center West 5t" Addition in the City of Dubuque, Iowa (hereinafter re- ferred to as "Rail Site"); and Whereas, the North Siegert Farm property was included in Subarea B of the District in 1997, but has not been developed subsequent to its inclusion in the District, and the City pur- chased the property through the use of tax increment financing generated by other prop- erties in the District; and Whereas, the City has collected no tax in- crement revenue from the North Siegert Farm property; and Whereas, the Rail Site property also was included in Subarea B of the District in 1997, following which certain grading improvements were undertaken through the use of tax incre- ment financing generated by other properties in the District; and Whereas, the City has collected no tax in- crement revenue from the Rail Site property and has no immediate plans to sell the site, and City staff expects to focus future develop- ment on other areas of the District; and Whereas, it is in the best interests of the City and the District to remove the North Sie- gert Farm and Rail Site from the District; and Whereas, Chapter 403 of the Code of Iowa authorizes cities to modify or amend an urban renewal plan at any time, and further provides that the notification and consultation proce- dures ordinarily required under Section 403.5 apply only when the amendment provides for refunding bonds or refinancing resulting in an increase in debt service or provides for the issuance of bonds or other indebtedness to be funded primarily by tax increment revenues. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Manager is autho- rized and directed to prepare an amendment to the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Eco- Book 137 Regular Session, November 19, 2007 nomic Development District, the purpose of which would be to remove the above- described property from the urban renewal area of the District, to forward said amendment to the City's Long Range Planning Commis- sion for review and comment and to begin the consultation process required by law with af- fected taxing entities. Section 2. That the City Clerk is directed to publish notice of a public hearing on the adop- tion of an amendment to the Amended and Restated Urban Renewal Plan for the Dubu- que Industrial Center Economic Development District to be held on January 7t", 2008 at 6:30 p.m. in the Historic Federal Building, 350 West 6t" Street, Dubuque, Iowa 52001 and that said notice shall generally identify the areas cov- ered by the Amended and Restated Plan, the areas proposed to be removed therefrom, and the general scope of the urban renewal activi- ties planned for the remaining urban renewal areas, and that said notice shall be published and available to the public on December 21, 2007. Passed, approved and adopted this 19t" day of November, 2007. Patricia A. Cline, Mayor Pro Tem Attest: Kevin S. Firnstahl, Assistant City Clerk Voluntary Annexation Request: City Man- ager recommending that a public hearing be set for December 17, 2007 on the voluntary annexation request of Kress Industrial Facility. Upon motion the documents were received and filed and Resolution No. 557-07 Approving application for voluntary annexation of territory owned by Kress Industrial Facility was adopted setting a public hearing for a meeting to com- mence at 6:30 p.m. on December 17, 2007, in the Historic Federal Building. Motion carried 5-0. RESOLUTION NO. 557-07 APPROVING APPLICATION FOR VOLUN- TARY ANNEXATION OF TERRITORY OWNED BY KRESS INDUSTRIAL FACILITY Whereas, Kress Industrial Facility, property owner, has submitted a written application for voluntary annexation of approximately 80 acres of territory lying outside the corporate limits of the City of Dubuque, Iowa; as shown in Exhibit A and legally described as Kunde Place #2 -Lot 3; and Whereas, the annexation territory is not subject to an existing annexation moratorium; and Whereas, the annexation territory does not include any state property; and Whereas, the annexation territory does in- clude railroad property and County road right- of-way; and Whereas, Chapter 368 of the Code of Iowa authorizes the extension of City limits in situa- tions of this character by adoption of a resolu- tion and notification as required by State regu- 427 lations; and Whereas, this request has been found to be consistent with the Dubuque Comprehen- sive Plan; and Whereas, the future growth and develop- ment of the City of Dubuque, Iowa makes it desirable that said territory be made part of the City of Dubuque, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the corporate limits of Du- buque, Iowa be and they are hereby extended to include the territory as legally described above and as shown in Exhibit A. Section 2. The territory hereby annexed shall become part of the 5th Precinct of the 1St Ward of the City of Dubuque, Iowa. Section 3. That the City Clerk shall file this resolution, all exhibits and the petition for vo- luntary annexation with the State of Iowa in accordance with State Regulations. Passed, approved and adopted this 19t" day of November 2007. Patricia A. Cline, Mayor Pro Tem Attest: Kevin S. Firnstahl, Assistant City Clerk Upon motion the rules were suspended al- lowing anyone to address the City Council. PUBLIC HEARINGS Development Agreement -Medline Indus- tries, Inc.: Proof of publication on notice of public hearing to consider approval of a De- velopment Agreement with Medline Industries, Inc. and disposition of approximately 10.43 acres in Dubuque Industrial Center West. Mo- tion by Michalski to receive and filed the doc- uments and adopt Resolution No. 558-07 Ap- proving aDevelopment Agreement providing for the sale of 10.43 acres in the Dubuque Industrial Center West to Medline Industries, Inc. Seconded by Jones. Van Milligen ac- knowledged the Medline staff in attendance. Greater Dubuque Development Corporation Vice President for Existing Business Dan McDonald reviewed the positive statistics and track record of Medline Industries and stated support for the development agreement. Re- nee Poppe, Director of Customer Service at Medline Industries thanked the Council for their support. Motion carried 5-0. RESOLUTION NO. 558-07 RESOLUTION APPROVING A DEVELOP- MENT AGREEMENT PROVIDING FOR THE SALE OF 10.43 ACRES IN THE DUBUQUE INDUSTRIAL CENTER WEST TO MEDLINE INDUSTRIES, INC. Whereas, the City Council, by Resolution No. 534-07, dated November 5, 2007, de- clared its intent to enter into a Development Agreement with Medline Industries, Inc. for the 428 Regular Session, November 19, 2007 Book 137 sale of 10.43 acres in the Dubuque Industrial Center West (the Property); and Whereas, pursuant to published notice, a public hearing was held on the proposed dis- position on November 19, 2007 at 6:30 p.m. in the Historic Federal Building, 350 W. 6t" Street, Dubuque, Iowa; and Whereas, it is the determination of the City Council that approval of the Development Agreement for the sale to and development of the Property by Medline Industries, Inc. ac- cording to the terms and conditions set out in the Development Agreement is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the attached Development Agreement by and between the City of Dubu- que and Medline Industries, Inc. for the sale of the Property is hereby approved. Section 2. That the Mayor is hereby autho- rized and directed to execute the Development Agreement on behalf of the City and City Clerk is authorized and directed to attest to his sig- nature. Section 3. That the Mayor and City Clerk are hereby authorized and directed to execute and deliver a Special Warranty Deed for the Property as provided in the Development Agreement. Section 4. That the City Manager is autho- rized to take such actions as are necessary to comply with the terms of the Development Agreement as herein approved. Passed, approved and adopted this 19t" day of November, 2007. Patricia A. Cline, Mayor Pro Tem Attest: Kevin S. Firnstahl, Assistant City Clerk 2160 Elm Street -Request to Rezone: Proof of publication on notice of public hearing to consider a request from Michelle Mihalakis to rezone property located at 2160 Elm Street from R-2A Alternate Two-Family Residential District to OR Office Residential District and Zoning Advisory Commission recommending approval. Communication from Kathleen M. Davis, 2105 '/2 Kniest Street, in support of the pro- posed rezoning of 2160 Elm Street. Communication from John Curtis, Chair, and members of the Envision Committee on Mental Health and Substance Abuse, in sup- port of the proposed 18-unit SRO project at 2160 Elm Street. Motion by Michalski to receive and file the documents and approve the first reading of the proposed ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinaf- ter described property located at 2160 Elm Street from R-2A Alternate Two-Family Resi- dential District to OR Office Residential Dis- trict. Michelle Mihalakis spoke in support of the ordinance and reviewed the benefits to the community and project details, which will in- clude additional street lighting and exterior security cameras. Planning Services Manager Laura Carstens provided a staff report. Motion carried 5-0. Medical Associates Clinic /Robert Hartig - Planned Unit Development District (PUD) Amendment: Communication from Bob Hartig, Director of Facilities -Medical Associates, re- questing that this item be tabled to December 17, 2007. Proof of publication on notice of public hearing to consider a request from Medical Associates Clinic /Robert Hartig to amend the existing Associates Park Planned Unit Devel- opment (PUD) District to designate a portion of the existing greenway buffer for business use and Zoning Advisory Commission recommend- ing denial. Communication from Kathleen R. Kelley, 3836 Cora Drive, in opposition to the proposed amendment to the Associates Park Planned Unit Development District. Motion by Connors to receive and file the documents and refer issue back to the Zoning Advisory Commission for further review. Seconded by Jones. Connors said that the Council had learned of a Zoning Advisory Commission member visiting the site with the developer at the invitation of the property own- er, which may have potentially skewed the Commission's vote. Since this issue is a quasi- judicial matter, she recommends sending the entire issue back to the Zoning Advisory Commission and give all the Commissioners the opportunity to visit the site, after which the Commission should discuss, review, and re- vote before re-submitting to the City Council. Motion carried 5-0. Residential Parking Permit District: Proof on publication of notice of public hearing to consider amending Residential Parking Permit District A by excluding from it that section of Grace Street from McCormick Street to a point 270 feet east of McCormick Street and City Manager recommending approval. Motion by Jones to receive and file the documents and to approve the first reading of an Ordinance Amending the Code of Ordinances of the City of Dubuque, Iowa by repealing Subsection (a) of Section 32-321.733 Establishing Residential Parking Permit District A and adopting in lieu thereof a new Subsection (a) of Section 32- 321.733 Re-establishing Residential Parking Permit District A. Seconded by Braig. Motion carried 5-0. Quigley Lane -Vacating Petition: Proof of publication on notice of public hearing to con- sider a request from David L. Clemens, Book 137 Regular Session, November 19, 2007 representing Denise M. Keller, for the vacating and purchase of a portion of Quigley Lane west of Pierce Street and City Manager re- commending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 559-07 Approving plat of pro- posed vacated portion of Quigley Lane west of Pierce Street, Resolution No. 560-07 Vacating a portion of Quigley Lane west of Pierce Street, and Resolution No. 561-07 Disposing of City interest in Lot 1-6-A of Kringle's Subdi- vision of Out Lot 743 in the City of Dubuque, Dubuque County Iowa. Seconded by Jones. Motion carried 5-0. RESOLUTION NO. 559-07 RESOLUTION APPROVING PLAT OF PRO- POSED VACATED PORTION OF QUIGLEY LANE WEST OF PIERCE STREET Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated the 26t" day of September, 2007, prepared by Buesing & Associates, describing the proposed vacated portion of Quigley Lane west of Pierce Street; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated the 26t" day of September, 2007, prepared by Buesing & Associates, relative to the real estate hereina- bove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, television cable, and electric lines as may be authorized by the City of Dubuque, Iowa, as indicated on said plat. Section 3. That the City Clerk be and is he- reby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 19t" day of November, 2007. Patricia A. Cline, Mayor Pro Tem Attest: Kevin S. Firnstahl, Assistant City Clerk RESOLUTION NO. 560-07 VACATING A PORTION OF QUIGLEY LANE WEST OF PIERCE STREET Whereas, David L. Clemens representing Denise M. Keller has requested the vacating of a portion of Quigley Lane west of Pierce Street; and 429 Whereas, Buesing & Associates has pre- pared and submitted to the City Council a plat showing the vacated portion of Quigley Lane west of Pierce Street and assigned a lot num- ber thereto, which hereinafter shall be known and described as Lot 1-6-A of Kringle's Subdi- vision of Out Lot 743 in the City of Dubuque, Dubuque County, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that this por- tion of Quigley Lane west of Pierce Street is no longer required for public use and vacating of said portion of Quigley Lane west of Pierce Street, known as Lot 1-6-A of Kringle's Subdi- vision of Out Lot 743 in the City of Dubuque, Dubuque County, Iowa, should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lot 1-6-A of Kringle's Subdivision of Out Lot 743 in the City of Dubuque, Dubuque County, Iowa, be and the same is hereby vacated. Passed, approved and adopted this 19t" day of November, 2007. Patricia A. Cline, Mayor Pro Tem Attest: Kevin S. Firnstahl, Assistant City Clerk RESOLUTION NO. 561-07 DISPOSING OF CITY INTEREST IN LOT 1-6- A OF KRINGLE'S SUBDIVISION OF OUT LOT 743 IN THE CITY OF DUBUQUE, DU- BUQUE COUNTY, IOWA Whereas, pursuant to resolution and pub- lished notice of time and place of hearing, pub- lished in the Telegraph Herald, a newspaper of general circulation published in the City of Du- buque, Iowa on this 9t" day of November, 2007, the City Council of the City of Dubuque, Iowa met on the 19t" day of November, 2007, at 6:30 p.m. in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, to con- sider the proposal for the sale of real estate described as: Lot 1-6-A of Kringle's Subdivision of Out Lot 743 in the City of Dubuque, Dubuque County, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objec- tions, oral or written to the proposal to sell such real estate, except for easement as noted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the sale of City of Dubuque real property described as Lot 1-6-A of Krin- gle's Subdivision of Out Lot 743 in the City of Dubuque, Dubuque County, Iowa, to Denise M. Keller be and the same is hereby approved for the sum of $300.00, plus the cost of plat- ting, publication, and filing fees. Conveyance shall be by Quit Claim Deed. Section 2. The City of Dubuque reserves 430 Regular Session, November 19, 2007 Book 137 unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, television cable, and electric lines as may be authorized by the City of Dubuque, Iowa, as indicated on the Plat of Survey of Lot 1-6-A of Kringle's Subdivision of Out Lot 743 in the City of Dubuque, Dubuque County, Iowa. Section 3. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of con- veyance to Denise M. Keller upon receipt of the purchase price in full. Section 4. That the City Clerk be and is he- reby authorized and directed to record a certi- fied copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 19t" day of November, 2007. Patricia A. Cline, Mayor Pro Tem Attest: Kevin S. Firnstahl, Assistant City Clerk Brunswick Street and Adjacent Alley - Va- cating Petition: Proof of publication on notice of public hearing to consider a request from Esther J. Thome to vacate a portion of Bruns- wick Street south of Lawther Street and the northerly portion of an alley west of Balke Street south of Lawther Street and City Man- ager recommending approval. Motion by Mi- chalski to receive and file the documents and adopt Resolution No. 562-07 Approving plat of proposed vacated portion of Brunswick Street south of Lawther Street and the northerly por- tion of an alley west of Balke Street south of Lawther Street, Resolution No. 563-07 Vacat- ing a portion of Brunswick Street south of Lawther Street and the northerly portion of an alley west of Balke Street south of Lawther Street, and Resolution No. 564-07 Disposing of City interest in Lot 49-A and Lot 66-A of Belmont Addition in the City of Dubuque, Du- buque County, Iowa. Seconded by Braig. Mo- tion carried 5-0. RESOLUTION NO. 562-07 APPROVING PLAT OF PROPOSED VA- CATED PORTION OF BRUNSWICK STREET SOUTH OF LAWTHER STREET AND THE NORTHERLY PORTION OF AN ALLEY WEST OF BALKE STREET SOUTH OF LAWTHER STREET Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated the 26t" day of September, 2007, prepared by Buesing & Associates, describing the proposed vacated portion of Brunswick Street south of Lawther Street and the norther- ly portion of an alley west of Balke Street south of Lawther Street; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated the 26t" day of September, 2007, prepared by Buesing & Associates, relative to the real estate hereina- bove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, television cable, and electric lines as may be authorized by the City of Dubuque, Iowa, over and across the entire Lot 49-A of Belmont Addition. Section 3. That the City Clerk be and is he- reby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved, and adopted this 19t" day of November, 2007. Patricia A. Cline, Mayor Pro Tem Attest: Kevin S. Firnstahl, Assistant City Clerk RESOLUTION NO. 563-07 VACATING A PORTION OF BRUNSWICK STREET SOUTH OF LAWTHER STREET AND THE NORTHERLY PORTION OF AN ALLEY WEST OF BALKE STREET SOUTH OF LAWTHER STREET Whereas, Esther J. Thome has requested the vacating of a portion of Brunswick Street south of Lawther Street and the northerly por- tion of an alley west of Balke Street south of Lawther Street; and Whereas, Buesing & Associates has pre- pared and submitted to the City Council a plat showing the vacated portion of Brunswick Street south of Lawther Street and the norther- ly portion of an alley west of Balke Street south of Lawther Street and assigned a lot numbers thereto, which hereinafter shall be known and described as Lot 49-A and Lot 66-A of Belmont Addition in the City of Dubuque, Dubuque County, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that this por- tion of Brunswick Street south of Lawther Street and the northerly portion of an alley west of Balke Street south of Lawther Street is no longer required for public use and vacating of said portion of Brunswick Street south of Lawther Street and the northerly portion of an alley west of Balke Street south of Lawther Street, known as Lot 49-A and Lot 66-A of Book 137 Regular Session, November 19, 2007 Belmont Addition in the City of Dubuque, Du- buque County, Iowa, should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lot 49-A and Lot 66-A of Belmont Addition in the City of Dubuque, Dubuque County, Iowa, be and the same is hereby vacated. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, television cable, and electric lines as may be authorized by the City of Dubuque, Iowa, over and across the entire Lot 49-A of Belmont Addition. Passed, approved, and adopted this 19t" day of November, 2007. Patricia A. Cline, Mayor Pro Tem Attest: Kevin S. Firnstahl, Assistant City Clerk RESOLUTION NO. 564-07 DISPOSING OF CITY INTEREST IN LOT 49- A AND LOT 66-A OF BELMONT ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, pursuant to resolution and pub- lished notice of time and place of hearing, pub- lished in the Telegraph Herald, a newspaper of general circulation published in the City of Du- buque, Iowa on this 9t" day of November, 2007, the City Council of the City of Dubuque, Iowa met on the 19t" day of November, 2007, at 6:30 p.m. in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, to con- sider the proposal for the sale of real estate described as: Lot 49-A and Lot 66-A of Belmont Addition in the City of Dubuque, Dubuque County, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objec- tions, oral or written to the proposal to sell such real estate, except for easement as noted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the sale of City of Dubuque real property described as Lot 49-A and Lot 66-A of Belmont Addition in the City of Dubu- que, Dubuque County, Iowa, to Esther J. Thome be and the same is hereby approved for the sum of $300.00, plus the cost of plat- ting, publication, and filing fees. Conveyance shall be by Quit Claim Deed. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, 431 telephone, television cable, and electric lines as may be authorized by the City of Dubuque, Iowa, over and across the entire Lot 49-A of Belmont Addition in the City of Dubuque, Du- buque County, Iowa. Section 3. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of con- veyance to Esther J. Thome upon receipt of the purchase price in full. Section 4. That the City Clerk be and is he- reby authorized and directed to record a certi- fied copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved, and adopted this 19t" day of November, 2007. Patricia A. Cline, Mayor Pro Tem Attest: Kevin S. Firnstahl, Assistant City Clerk Five Flags HVAC and Promenade Roof Replacement Project: Proof of publication on notice of public hearing to consider approval of the plans, specifications, form of contract, and estimated cost for the Five Flags HVAC and Promenade Roof Replacement Project and City Manager recommending approval. Motion by Jones to receive and file the documents and adopt Resolution No. 565-07 Approving plans, specifications, form of contract, and estimated cost for the Five Flags HVAC and Promenade Roof Replacement Project. Seconded by Connors. Motion carried 5-0. RESOLUTION NO. 565-07 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE FIVE FLAGS HVAC AND PROMENADE ROOF REPLACEMENT 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 Five Flags HVAC and Promenade Roof Re- placement Project, in the estimated amount of $680,000, are hereby approved. Passed, approved and adopted this 19th day of November, 2007. Patricia A. Cline, Mayor Pro Tem Attest: Kevin S. Firnstahl, Assistant City Clerk Upon motion the rules were reinstated li- miting discussion to the City Council. ACTION ITEMS (Continued) Dubuque Main Street, Ltd.: Dan LoBianco, Dubuque Main Street, Ltd., provided a verbal quarterly report and slide presentation saying that this has been an outstanding year for Du- 432 Regular Session, November 19, 2007 Book 137 buque Main Street. He also provided ideas and information gathered from a visit to Oma- ha, Nebraska. Motion by Michalski to receive and file the documents. Seconded by Jones. Motion carried 5-0. jury, Intimidation or Interference with a Person Based on Gender Identity. Seconded by Braig. Motion carried 5-0. COUNCIL MEMBER REPORTS Convention and Visitors Bureau Quarterly Report: Sue Czeshinski provided the Conven- tion and Visitors Bureau quarterly report. She reviewed statistics from many record-breaking local events such as the Iowa League of Cities and the Iowa Tourism Conferences as well as shared information from upcoming projects and awards received. Awards included the Tourism County of the Year award and the Team Dubuque Award, which was also cited as a model proposal. Motion by Connors to receive and file the documents. Seconded by Braig. Motion carried 5-0. Human Relations Ordinance: Human Rights Commission recommending approval of amendments to Chapter 27, Human Relations, of the City of Dubuque Code of Ordinances to conform to recently amended state law. Motion by Michalski to receive and file the documents and to approve the first reading on an ordin- ance Amending the City of Dubuque Code of Ordinances Chapter 27 Human Relations, Section 27-1 Definitions by adding a new defi- nition for "Gender Identity" and deleting the definition of "Religious Education Institution"; amending Section 27-51 Aiding or Abetting, Prohibiting Aiding or Abetting Unfair or Discri- minatory Practices Based on Gender Identity; amending Section 27-61,Prohibited Practices Relating to Unfair or Discriminatory Practices relating to Public Accommodations Based on Gender Identity; Amending Section 27-71 Pro- hibited Practices Relating to Unfair or Discri- minatory Practices in Employment Based on Gender Identity; amending Chapter 27-72 Ex- emptions Relating to Unfair or Discriminatory Practices in Certain Consumer Credit Transac- tions Based on Sexual Orientation or Gender Identity; amending Section 27-101 Prohibited Practices; Exceptions Relating to Unfair or Discriminatory Practices by Educational Insti- tutions Based on Gender Identity; amending Section 27-131 Prohibitions Relating to Dis- crimination in the Sale or Rent of a Dwelling based on Gender Identity; amending Section 27-132 Exemptions Exempting Certain Reli- gious Organizations from Certain Conduct Based on Gender Identity; amending Section 27-133 Discrimination in Residential Real Es- tate-Related Transactions Relating to Discrim- ination in Certain Real Estate-Related Trans- actions Based on Gender Identity; amending Section 27-134 Discrimination in Provision of Brokerage Services Relating to the Denial of certain Brokerage Services Based on Gender Identity; amending Section 27-145 Violations; Bodily Injury; Death; Penalties Prohibiting In- Connors reported her attendance at the re- cent National League of Cities conference in New Orleans. She was impressed with the informative breakout sessions on the levy breech and the cotton mill warehouse district revitalization. She said that guest speakers emphasized the importance of citizens gather- ing important personal papers as part of their disaster preparedness plan. Jones reported on his attendance at the recent National League of Cities Conference in New Orleans. He was impressed with the City's recovery process and how he didn't have a real sense of the devastation caused by Hurricane Katrina. He reported that there is much positive talk about sustainability and that New Orleans' Mayor has not had time for any- thing but recovery efforts. Michalski reported on her attendance at the recent National League of Cities Confe- rence in New Orleans. The message she learned from their city leaders was to have a disaster plan ready but be prepared to change it quickly. A disaster plan is more a way of thinking. The most important elements follow- ing adisaster were water, power/generators, and fuel. PUBLIC INPUT Lee Andre, 1175 Highland spoke in opposi- tion of adult entertainment establishments and urged Council to reconsider their attitude to- ward these types of businesses. Jennifer Nye, 3303 Oakland, Austin, Min- nesota spoke in support of adult entertainment establishments as a matter of free speech. There being no further business, upon mo- tion the Council adjourned at 8:15 p.m. /s/ Kevin S. Firnstahl Assistant City Clerk Book 137 Special Session, November 26, 2007 CITY OF DUBUQUE, IOWA CITY COUNCIL OFFICIAL PROCEEDINGS The Dubuque City Council met in special session at 5:30 p.m. on November 26, 2007, in the Historic Federal Building Present: Mayor Buol, City Council Mem- bers Braig, Cline, Connors, Jones, Lynch, Mi- chalski, City Manager Van Milligen, City Attor- ney Lindahl Mayor Buol read the call and stated this is a special session called for the purpose of discussing the Comprehensive Bluffland Plan. Planning Services Manager Laura Cars- tens introduced Keith Marvin, JEO Consulting Group, who is assisting the City with updating the Zoning and Subdivision Ordinances. She stated the purpose of the work session was to review the final report of the Bluffland Advisory Committee (BAC) and to receive City Council direction on the next phase of the process. Carstens reviewed the process used by the BAC, which included citizen surveys, brains- torming sessions, public input sessions, com- ments from the Zoning Advisory Commission and consultation with the City Attorney's Of- fice. Results of the survey indicated that (a) the top issues were (i) scenic views of the bluff; (ii) historic character, and (ii) scenic views from the bluff and (b) the top features were (i) natural and scenic and (ii) a defining element of Dubuque. The Priority A (most prominent) bluffs were identified as those bluffs along the Mississippi River, U.S. 20 west from Locust Street to Grandview Avenue, U.S. 52 North, and Catfish Creek /Middle Fork within the City limits from the Mississippi River to south of U.S. 20. Priority B (less prominent bluffs were those along Couler Valley from 26t Street to the City limits, Peru Road from 32nd Street to Kennedy Court, 32nd Street from Peru Road to John F. Kennedy Road and Kaufmann Avenue from Central Avenue to Carter Road. Jeff Stiles, Vice Chair of the Zoning Advi- sory Commission, reported that the Commis- sion had reviewed the Comprehensive Bluff Plan and the recommendations from the Bluff- land Advisory Committee at their November meeting. The Commission felt that the report was "overkill" and questioned the fact that the Spiegel development that spurred the study would not be impacted at all. He stated the Commission also discussed the fact that cur- rent ordinances addressed the majority of is- sues regarding bluffland development. There was no representative from the Bluffland Advisory Committee to address the 433 Council. The City Council discussed various as- pects of the report and questioned whether a bluffland policy was needed versus an ordin- ance or if ordinances currently in place should be refined to address the concerns and issues identified in the report. After discussion, concurrence was reached by the City Council to direct Assistant City At- torney Tim O'Brien, in consultation with the Bluffland Advisory Committee and Zoning Ad- visory Commission, those issues/concerns not currently covered by an existing ordinance, those items covered by multiple ordinances, and a list of decision points for Council consid- eration. Upon motion the meeting was adjourned at 7:10 p.m. /s/Jeanne F. Schneider, CMC City Clerk 434 Regular Session, December 3, 2007 Book 137 CITY OF DUBUQUE, IOWA CITY COUNCIL OFFICIAL PROCEEDINGS The Dubuque City Council met in regular session at 6:30 p.m. on December 3, 2007, in the Historic Federal Building. 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 Council. payment. Upon motion the documents were received and filed, and concurred. U.S. 52 Storm Sewer Improvements Project: City Manager recommending accep- tance of the U.S. 52 Storm Sewer Improve- ments Project as completed by McClain Exca- vating Company, Inc. in the final contract amount of $178,150.63. Upon motion the doc- uments were received and filed and Resolution No. 566-07 Accepting the U.S. 52 Storm Sew- er Improvements Project and authorizing pay- ment of the contract amount to the contractor was adopted. Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michals- ki, City Manager Van Milligen; City Attorney Lindahl Invocation was provided by Elder Robert Tyler of Arbor Oaks Bible Chapel. CONSENT ITEMS Motion by Cline to receive and file the doc- uments and dispose of as indicated. Seconded by Connors. Fred Frommelt, 625 Gillespie Street, requested (#12) Acquisition of Property by Eminent Domain be held for separate dis- cussion. Connors requested that (#9) Gov- ernment Finance Officers Association and (#14) Dubuque Southgate Investments Ltd. be held for separate discussion. Michalski re- quested (#10) U.S. Department of Housing and Urban Development be held for separate discussion. Motion carried 7-0. Minutes and Reports Submitted: Airport Commission of 8/27; City Council of 11/19; Park and Recreation Commission of 11/13; Transit Board of 9/13 Proof of publication of City Council Pro- ceedings of November 5, 2007. Upon motion the documents were received and filed. Notice of Claims/Suits: Allied Insurance for wrongful death claim of Lauren Schmidt; Brady & O'Shea, P.C. for personal injury claim of Dorothy Herron; Hope McDermott for personal injury; Jill Jellison 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 Com- munities Assurance Pool: Hope McDermott for personal injury; Allied Insurance for wrongful death; Dorothy Herron for personal injury City Attorney recommending settlement of the claim of Kurt Becker for property damage and directing the Finance Department to issue RESOLUTION NO. 566-07 ACCEPTING THE US 52 NORTH STORM SEWER IMPROVEMENT PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRAC- TOR Whereas, the Public Improvement Contract for the US52 North Storm Sewer Improvement 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 ac- cepted; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the Jackson & Aquin Drainage Capital Improve- ment Project ($165,560.00) and US52 Storm Sewer Capital Improvement Project ($12,590.63) appropriation for the contract amount of $178,150.63 less any retained per- centage provided for therein as provided in Iowa Code chapter 573, and to pay such retai- nage only in accordance with the provisions of Iowa Code chapter 573. Passed, approved and adopted this 3'd day of December, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE US52 NORTH STORM SEWER IMPROVEMENT PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the US52 North Storm Sewer Im- provement 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 $223, 099.28. Book 137 Regular Session, December 3, 2007 Dated this 3'd day of December, 2007. Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 3'd day of December, 2007. Jeanne F. Schneider, CMC, City Clerk City Hall Parking Lot Construction Project: City Manager recommending acceptance of the City Hall Parking Lot Construction Project as completed by Portzen Construction, Inc. in the final contract amount of $673,974.08. Upon motion the documents were received and filed and Resolution No. 567-07 Accepting the City Hall Parking Lot Construction Project and authorizing payment to the contractor and Resolution No. 568-07 Approving the final as- sessment schedule for the City Hall Parking Lot Reconstruction Project were adopted. RESOLUTION NO. 567-07 ACCEPTING THE CITY HALL PARKING LOT RECONSTRUCTION PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRAC- TOR Whereas, the Public Improvement Contract for the City Hall Parking Lot 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 ac- cepted; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the Re- novation of City Hall Parking Lot Fund, City Owned Sidewalks Fund, Watermain Replace- ment Program Fund, FY2008 Street Construc- tion Program Fund, Sanitary Sewer Manhole Replacement Program Fund, Gu- nite/Replacement Storm Sewer Fund, Down- town Street Light Replacement Fund, Street Light Replacement Fund, and Fiber Optic Conduit -Private Subdivision and Miscellane- ous Projects Fund appropriation for the con- tract amount of $673,974.08 less any retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such retai- nage only in accordance with the provisions of Iowa Code chapter 573. Passed, approved and adopted this 3'd day of December, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk CITY ENGINEER'S CERTIFICATE OF FINAL 435 COMPLETION OF THE CITY HALL PARK- ING LOT RECONSTRUCTION PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the City Hall Parking Lot Recon- struction 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 $829, 009.16. Dated this 3'd day of December, 2007. Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 3'd day of December, 2007. Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 568-07 ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE CITY HALL PARKING LOT RECONSTRUCTION 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 City Hall Parking Lot Recon- struction Project. There is hereby assessed and levied as a special tax against and upon each of the bene- fited 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 im- provements 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 propor- tion 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 no- tice, 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 Treasurer, City Hall, 50 W. 13t" Street, Dubu- que, 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 436 Regular Session, December 3, 2007 Book 137 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 De- cember 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. De- linquent installments will draw the same delin- quent interest as ordinary taxes. Property owners may elect to pay any annual install- ments semi-annually in advance. Passed, approved and adopted this 3'd day of December, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Villa Street Retaining Wall -Ornamental Railing Project: City Manager recommending acceptance of the Villa Street Retaining Wall - Ornamental Railing Project as completed by Becker & Sons Stone Co., Inc. in the final con- tract amount of $94,861.15. Upon motion the documents were received and filed and Reso- lution No. 569-07 Accepting the Villa Street Retaining Wall -Ornamental Railing Project and authorizing payment to the contractor was adopted. RESOLUTION NO. 569-07 ACCEPTING THE VILLA STREET RETAIN- ING WALL - ORNAMENTAL RAILING PROJECT AND AUTHORIZING THE PAY- MENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Villa Street Retaining Wall -Ornamental Railing Project (the Project) has been com- pleted and the City Engineer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the Steps, Railing and Fencing Capital Improve- ment appropriation for the contract amount of $94,861.15 less any retained percentage pro- vided 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. Passed, approved and adopted this 3'd day of December, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE VILLA STREET RE- TAINING WALL -ORNAMENTAL RAILING PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Villa Street Retaining Wall - Or- namental Railing 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 $101,253.43. Dated this 21st day of November, 2007. Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 28t" day of November, 2007. Jeanne F. Schneider, CMC, City Clerk Request for Proposals (RFP) -East -West Corridor Connectivity Study: City Manager recommending approval of the issuance of a Request for Proposals (RFP) for engineering services required to complete the East -West Corridor Connectivity Study. Upon motion the documents were received, filed, and approved. Iowa Department of Transportation Final Traffic Control System Improvements Agree- ment: City Manager recommending approval of the Iowa Department of Transportation (IDOT) Final Traffic Control System Improve- ments Agreement. Upon motion the docu- ments were received and filed and Resolution No. 570-07 Approving the Iowa Department of Transportation Agreement for Primary High- way Improvements Project No. 2008-16-019 Final Traffic Control System Improvements was adopted. RESOLUTION NO. 570-07 RESOLUTION APPROVING THE IOWA DE- PARTMENT OF TRANSPORTATION AGREEMENT FOR A PRIMARY HIGHWAY IMPROVEMENTS PROJECT NO. 2008-16- 019 FINAL TRAFFIC CONTROL SYSTEM IMPROVEMENTS Whereas, the Iowa Department of Trans- portation (Iowa DOT) has made funds availa- ble for the US 20 Capacity Improvements - Priority 1 (Traffic Signal Control System AC- TRA) and Priority 3 (Locust Street at US 20 and US 151/61 Intersections). Whereas, City of Dubuque US 20 Capacity Improvements -Priority 1 (Traffic Signal Con- trol System ACTRA) and Priority 3 (Locust Street at US 20 and US 151/61 Intersections) have been developed to include: the integra- tion of a computer-based transportation man- Book 137 Regular Session, December 3, 2007 agement system to monitor, control, change, and evaluate traffic conditions control; and traffic signal improvements on Locust Street at the US 20 and US 151/61 intersections. Whereas, the Iowa Clean Air Attainment Program (ICAAP) Funds will be required to complete said traffic signal control system (Priority 1) and traffic improvements on Locust Street at the US 20 and US 151/61 intersec- tions (Priority 3) of the US 20 Capacity Im- provements. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That said Iowa Department of Transportation Agreement for a Primary High- way Improvements Project No. 200816-019 Final Traffic Control System Improvements for US 20 Capacity Improvements -Priority 1 (Traffic Signal Control System ACTRA) and Priority 3 (Locust Street at US 20 and US 151/61 Intersections) between the City of Du- buque and the Iowa Department of Transpor- tation be approved. Section 2. That the Mayor be authorized and directed to execute two copies of Iowa Department of Transportation Agreement for a Primary Highway Improvements Project No. 200816-019 Final Traffic Control System Im- provements. Passed, approved and adopted this 3~d day of December, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Final Plat -Asbury Plaza Business Park: City Manager recommending approval of a 180 day extension and re-approval of the final plat of Asbury Plaza Business Park as re- quested by Wendell Corey, Motor City, LLC. Upon motion the documents were received and filed and Resolution No. 571-07 Re- approving the final plat of Asbury Plaza Busi- ness Park First Addition in the City of Dubu- que, Iowa, was adopted. RESOLUTION NO. 571-07 RESOLUTION RE-APPROVING THE FINAL PLAT OF ASBURY PLAZA BUSINESS PARK FIRST ADDITION IN THE CITY OF DUBUQUE, IOWA. Whereas, there has been filed with the City Clerk a Final Plat of Asbury Plaza Business Park First Addition; and Whereas, upon said final plat appear streets to be known as Plaza Drive (Lot A), North Plaza Loop (Lot E), Plaza Court (Lot F) and Plaza Court (Lot G); and Whereas, the conceptual plan/preliminary plat has been examined by the Zoning Advi- sory Commission and had its approval en- dorsed thereon; and Whereas, said final plat has been reviewed 437 by the City Planner and had her approval en- dorsed thereon, subject to the owners agree- ing to the conditions noted in Section 2 and 3 below; and Whereas, said final plat has been ex- amined by the City Council and they find that it conforms to the statutes and ordinances relat- ing to it, except that no streets or public utilities have yet been constructed or installed. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Resolution No. 333-07 is hereby rescinded. Section 2. That the dedication of Plaza Drive (Lot A), North Plaza Loop (Lot E), Plaza Court (Lot F) and Plaza Court (Lot G), together with the easements for public utilities, sanitary sewer, storm sewer and water mains as they appear upon said final plat, be and the same are hereby accepted; and Section 3. That the Final Plat of Asbury Plaza Business Park First Addition 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 reduce Plaza Drive (Lot A), North Plaza Loop (Lot E), Plaza Court (Lot F), and Plaza Court (Lot G) to grade and to construct concrete curb and gutter and to hard surface with as- phaltic concrete, or with concrete paving with integral curb, all in accor- dance with the City of Dubuque stan- dard specifications, all in a manner acceptable to the City Engineer, in conformance with construction im- provement plans approved by the City Engineer, and inspected by the City Engineer; (b) To install sanitary sewer mains and sewer service laterals into each indi- vidual lot, water mains and water ser- vice laterals into each individual lot, storm sewers and catch basins, bou- levard street lighting and erosion con- trol devices all in accordance with the City of Dubuque standard specifica- tions, all in a manner acceptable to the City Engineer, and in accordance with construction improvement plans approved by the City Engineer, and inspected by the City Engineer; (c) To construct a private storm water detention facility (Lot B) in a manner acceptable to the City Engineer, in accordance with the City of Dubuque standard specifications approved by the City Engineer, and inspected by the City Engineer. No building permit 438 Regular Session, December 3, 2007 Book 137 shall be issued until the detention ba- sin is functional or with the written consent of the City Engineer; (d) To install sidewalks along all public streets in accordance with the typical cross section and improvement plans approved by the City Engineer; (e) To construct said improvements, prior to two (2) years from the date of ac- ceptance of this resolution, at the sole expense of the owners, or future owner; (f) To maintain the public improvements, for a period of two (2) years from the date of the acceptance of those im- provements by the City of Dubuque, Iowa, at the sole expense of the own- ers, or future owner; And, further provided that said Motor City LLC; Projects Plus Ltd., as owners of said property, shall secure the performance of the foregoing conditions provided in this Section by providing guarantees in such form and with such sureties as may be acceptable to the City Manager of the City of Dubuque, Iowa. Section 4. That the final acceptance of all public improvements shall occur upon certifica- tion of the City Engineer to the City Council that al public improvements have been com- pleted in accordance with the improvement plans and City standard specifications and accepted by City Council Resolution. Section 5. That in the event Motor City, LLC.; Projects Plus, Ltd. fails to execute the acceptance and furnish the guarantees pro- vided in Sections 3 and 4 hereof within 180 days after the date of this Resolution, the pro- visions hereof shall be null and void and the acceptance of the dedication and approval the plat shall not be effective. Passed, approved and adopted this 3~d day of December 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Government Finance Officers Association: Communication from the Government Finance Officers Association advising that Budget Di- rector Jennifer M. Larson has been presented the Distinguished Budget Presentation Award. Motion by Connors to receive and file the doc- uments. Seconded by Braig. Connors com- mended Budget Officer Jennifer Larson for her good work. Motion carried 7-0. U.S. Department of Housing and Urban Development: Communication from the U.S. Department of Housing and Urban Develop- ment (HUD) advising that the consolidated end-of-year review for program year 2006 was satisfactory and congratulating the City of Du- buque on its accomplishments. Motion by Mi- chalski to receive and file the documents. Seconded by Braig. Michalski reiterated the statistics provided by HUD that show the great number of people served by the Housing and Community Development Department and commended staff for their work. Motion carried 7-0. Abstract of Votes: Submittal of the Abstract of Votes for the City Council Election held on the 6t" day of November, 2007. Upon motion the documents were received and filed. Acquisition of Property by Eminent Do- main: City Manager recommending approval of the commencement of eminent domain pro- ceedings for acquisition of the property at 625 Gillespie Street for the 32nd Street Detention Basin Project Station. Motion by Cline to re- ceive and file the documents and adopt Reso- lution No. 572-07 Authorizing the commence- ment of eminent domain proceedings for the acquisition of certain real property owned by the estate of Arthur P. Frommelt in the City of Dubuque, Iowa for the 32nd Street Detention Basin Project Station. Seconded Connors. Fred Frommelt, 625 Gillespie, spoke in opposi- tion to the proposed eminent domain proceed- ings and stated the road has always been over the reservoir. He suggested slowing the project's momentum, leave the house, and create the planned silt pond, and then see what evolves. He was in favor of taking more time to look at the project and lowering the road to prevent demolition of the house. Cline requested the City Manager read the staff memo. Motion carried 7-0. RESOLUTION NO. 572-07 AUTHORIZING THE COMMENCEMENT OF EMINENT DOMAIN PROCEEDINGS FOR THE ACQUISITION OF CERTAIN REAL PROPERTY OWNED BY THE ESTATE OF ARTHUR P. FROMMELT IN THE CITY OF DUBUQUE, IOWA FOR THE 32ND STREET DETENTION BASIN PROJECT STATION WHEREAS, the City of Dubuque (City) in- tends to acquire certain real property owned by the Estate of Arthur P. Frommelt (Owner), legally described as follows (the Property): Lots 11, 12, 13, 14, and 15 Finks Subdivision in the City of Dubuque, Iowa, as shown on Exhibit A attached hereto for the purpose of expanding the 32nd Street Detention Basin; and WHEREAS, Iowa law requires that City must make a good faith effort to negotiate with Owner to purchase the Property before pro- ceeding with condemnation; and WHEREAS, City may not make an offer to purchase the Property which is less than the fair market value City has established for the Property; and WHEREAS, City caused an appraisal of Book 137 Regular Session, December 3, 2007 the Property to be made and the appraised value of the Property is $120,900.00; and WHEREAS, City has made an offer to pur- chase the Property for not less than its fair market value; and Whereas, City has been unable after good faith negotiations to reach an agreement with Owner for the acquisition of the Property. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBU- QUE, IOWA, AS FOLLOWS: Section 1. The City Manager and the City Attorney are hereby authorized to commence eminent domain proceedings for the acquisi- tion of the Property and to take such further action as may be necessary for the acquisition of the Property. Passed, adopted and approved this 3~d day of December, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Interstate Power Transmission Assets: City Manager recommending approval of the partial assignment by Interstate Power & Light Com- pany to ITC Midwest LLC, a Michigan limited liability company, of its rights, liabilities and obligations related to certain transmission as- sets under the City of Dubuque Electric Fran- chise. Upon motion the documents were re- ceived, filed, and approved. Dubuque Southgate Investments Ltd.: Communication from Daniel J. Mueller regard- ing the development of Dubuque Southgate's property and the previous request for accep- tance of the streets. Motion by Connors to receive and filed the documents and refer to the City Manager. Seconded by Lynch. Con- nors requested that the City Manager report back to Council. Motion carried 7-0. State Historic Preservation Office - Pre- serve America Grant Application: City Manag- er recommending approval of a Letter of Sup- port for the State Historic Preservation Office (SHPO) Preserve America grant application. Upon motion the documents were received, filed, and approved. Business Licenses: City Manager recom- mending approval of annual liquor license re- newals as submitted. Upon motion the docu- ments were received and filed and Resolution No. 573-07 Granting the issuance of a Class "B" Beer Permit to UAW Local #94; and a Class "C" Beer Permit to Hy-Vee #2 and Sam's Club #4973; and Resolution No. 574-07 Granting the issuance of a Class "B" (Ho- tel/Motel) Liquor License to Julien Inn; Class "C" Beer/Liquor License to Instant Replay, Las Margaritas, The White House and Pepper Sprout; Class "B" Wine to Sam's Club and Hy- 439 Vee #2; and Class "WBN" Native Wine to Du- buque Area Chamber of Commerce and En- graved Gift Collection were adopted. RESOLUTION NO. 573-07 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been ex- amined 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 Local 94, UAW Local # 94 +(Sunday Sale), 3450 Central Ave. CLASS "C" BEER PERMIT Hy-Vee, Inc., Hy-Vee # 2 +(Sunday Sale), 2395 NW Arterial Sam's West, Inc., Sam's Club #4973 +(Sunday Sale), 4400 Asbury Rd. Passed, approved and adopted this 3rd day of December, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 574-07 Whereas, applications for Liquor Licenses have been submitted to this Council for ap- proval 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 Ordin- ances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS "B" (HOTEL/MOTEL)LIQUOR LICENSE Design Center, Inc, Julien Inn +(Sunday/Outdoor Sale), 200 Main St. CLASS "C" BEER/LIQUOR LICENSE Pamela Arensdorf Instant Replay +(Sunday Sale), 1602 Central Ave. Mayas, Inc., Las Margaritas +(Sunday/Outdoor Sale), 1575 JFK Rd. David Hoffman, The White House, 450 W. Locust Pepper Sprout, Inc., Pepper Sprout+(Sunday Sale), 378 Main St. CLASS "B" WINE Sam's West, Inc., Sam's Club, 4400 As- 440 Regular Session, December 3, 2007 Book 137 bury Rd. Hy-Vee, Inc., Hy-Vee #2, 2395 NW Arterial CLASS "WBN" NATIVE WINE Dubuque Area Chamber, Dubuque Area Chamber of Commerce, 300 Main St. Suite 200 Woodline, Inc., Engraved Gift Collection, 962 Main St. Passed, approved and adopted this 3rd day of December, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk ITEMS TO BE SET FOR PUBLIC HEARING Motion by Cline to receive and file the doc- uments, set the public hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Connors. Mo- tion carried 7-0. Traut Terrace Vacate Petition: City Man- ager recommending that a public hearing be set for December 17, 2007 to consider a re- quest from Greg Laufenberg for vacating and sale of a portion of Traut Terrace south of Di- agonal Street. Upon motion the documents were received and filed and Resolution No. 575-07 Resolution of Intent to vacate and dis- pose of City interest in Lot 8A of Dunn's Sub- division in the City of Dubuque, Dubuque County, Iowa was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on December 17, 2007, in the Historic Federal Building. RESOLUTION NO. 575-07 RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN LOT 8A OF DUNN'S SUBDIVISION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, Gregory Laufenberg has re- quested the vacating and disposal of a portion of Traut Terrace south of Diagonal Street; and Whereas, Buesing & Associates has pre- pared and submitted to the City Council a plat showing the vacated portion of Traut Terrace south of Diagonal Street and assigned a lot number thereto, which hereinafter shall be known and described as Lot 8A of Dunn's Subdivision in the City of Dubuque, Dubuque County, Iowa, should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque in- tends to vacate and dispose of its interest in Lot 8A of Dunn's Subdivision in the City of Dubuque, Dubuque County, Iowa. Section 2. That the conveyance of Lot 8A of Dunn's Subdivision in the City of Dubuque, Dubuque County, Iowa, to Gregory Laufenberg be contingent upon the payment of $888, pub- lication and filing fees of $100 and the survey- ing and platting costs. Section 3. That the City Clerk be and is he- reby authorized and directed to cause a notice of intent to vacate and dispose of said real estate to be published in the manner as pre- scribed by law. Passed, approved and adopted this 3'd day of December, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk John F. Kennedy Sidewalk Construction Project: City Manager recommending initiation of the public bidding process for the John F. Kennedy Sidewalk Construction Project and that a public hearing be set for December 17, 2007 to consider approval of the plans and specifications, form of contract, and estimated cost. Upon motion the documents were re- ceived and filed and Resolution No. 576-07 Preliminary approval of plans, specifications, form of contract, and estimated cost for the John F. Kennedy Sidewalk Construction Project; Resolution No. 577-07 Setting date of public hearing on plans, specifications, form of contract, and estimated cost for the John F. Kennedy Sidewalk Construction Project; Reso- lution No. 578-07 Ordering bids for the John F. Kennedy Sidewalk Construction Project; Reso- lution No. 579-07 Resolution of Necessity for the John F. Kennedy (JFK) Sidewalk Installa- tion Project, from Asbury Road to Iowa Hwy 32 (Northwest Arterial); and Resolution No. 580- 07 Fixing date of hearing on Resolution of Ne- cessity were adopted setting a public hearing for a meeting to commence at 6:30 p.m. on December 17, 2007, in the Historic Federal Building. RESOLUTION NO. 576-07 PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE JOHN F. KENNEDY (JFK) SIDEWALK INSTALLA- TION PROJECT, FROM ASBURY ROAD TO IOWA 32 (NORTHWEST ARTERIAL) 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 John F. Kennedy (JFK) Sidewalk Installation Project, from Asbury Road to Iowa Hwy 32 (Northwest Arterial) in the estimated amount $229,329.49, are hereby preliminarily ap- proved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 3'd day of December, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Book 137 Regular Session, December 3, 2007 RESOLUTION NO. 577-07 FIXING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATED COST FOR THE JOHN F. KENNEDY (JFK) SIDEWALK IN- STALLATION PROJECT, FROM ASBURY ROAD TO IOWA HWY 32 (NORTHWEST ARTERIAL) Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary ap- proval to the proposed plans, specifications, form of contract, and estimated cost for the John F. Kennedy (JFK) Sidewalk Installation Project, from Asbury Road to Iowa Hwy 32 (Northwest Arterial) (the Project) and ordered the same to be on file in the office of the City Clerk for public inspection. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a public hearing will be held on the 17th day of December, 2007, at 6:30 p.m. at the Historic Federal Building, Council Cham- bers, 350 W. 6t" Street, Dubuque, Iowa, at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general cir- culation 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 inter- ested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. Passed, adopted and approved this 3~d day of December, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 578-07 ORDERING THE ADVERTISEMENT FOR BIDS FOR THE JOHN F. KENNEDY (JFK) SIDEWALK INSTALLATION PROJECT, FROM ASBURY ROAD TO IOWA HWY 32 (NORTHWEST ARTERIAL) NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the John F. Kennedy (JFK) Sidewalk Installation Project, from Asbury Road to Iowa Hwy 32 (Northwest Arterial) is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that 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. That the City Clerk is hereby directed to advertise for bids for the construction of the 441 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 more than twenty days but not more than forty-five days before the date for filing bids at 2:00 p.m. on the 10t" day of Janu- ary, 2008. Bids shall be opened and read by the City Clerk at said time and will be submit- ted to the City Council for final action at 6:30 p.m. on the 21st day of January, 2008, in the Historic Federal Building, Council Chambers, 350 W. 6t" Street, Dubuque, Iowa. Passed, adopted and approved this 3~d day of December, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 579-07 RESOLUTION OF NECESSITY FOR THE JOHN F. KENNEDY (JFK) SIDEWALK IN- STALLATION PROJECT, FROM ASBURY ROAD TO IOWA HWY 32 (NORTHWEST ARTERIAL) Whereas, the plat, schedule of assess- ments, and estimate of total cost for the John F. Kennedy (JFK) Sidewalk Installation Project, from Asbury Road to Iowa Hwy 32 (Northwest Arterial) 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: The John F. Kennedy (JFK) Sidewalk In- stallation Project, from Asbury Road to Iowa Hwy 32 (Northwest Arterial) will provide for installation of 4,974 lineal feet of sidewalk along John F. Kennedy Road between Asbury Road and the Northwest Arterial (IA Hwy 32). Minor grading and retaining walls will be in- cluded with this project to accommodate the installation of the sidewalks. 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 assess- ment and interested parties for or against the improvement, its cost, the assessment, or the boundaries of the district: That 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 pertain- ing to the regularity of the proceeding and the 442 Regular Session, December 3, 2007 Book 137 legality of using the special assessment pro- ced u re. 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, ap- proved and ordered placed on file with the City Clerk this 3~d day of December, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 580-07 JOHN F. KENNEDY (JFK) ROAD SIDEWALK INSTALLATION PROJECT ASBURY ROAD TO IOWA HWY 32 (NORTHWEST ARTERI- AL) 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 Ne- cessity 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 assess- ments, and estimate of total cost for the John F. Kennedy (JFK) Road Sidewalk Installation Project, from Asbury Road to Iowa Highway 32 (Northwest Arterial) and the proposed Resolu- tion of Necessity are hereby approved and ordered placed on file in the Office of the City Clerk. The City Council will meet on the 17t" day of December, 2007, at 6:30 o'clock p.m. at the Historic Federal Building Council Chambers (second floor), 350 West 6t" Street, Dubuque, Iowa, at which time the owners of property subject to assessment for the proposed im- provement or any other person having an in- terest 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 adop- tion 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 pub- lished in a newspaper having general circula- tion 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. Passed, approved and adopted this 3~d day of December, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Bee Branch Floodwall Pumping Station Auxiliary Power Project: City Manager recom- mending initiation of the public bidding process for the Bee Branch Floodwall Pumping Station Auxiliary Power Project and that a public hear- ing be set for December 17, 2007 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. 581-07 Preliminary approval of plans, specifications, form of contract, and estimated cost for the Bee Branch Floodwall Pumping Station Auxiliary Power Project; Res- olution No. 582-07 Setting date of public hear- ing on plans, specifications, form of contract, and estimated cost for the Bee Branch Flood- wall Pumping Station Auxiliary Power Project; and Resolution No. 583-07 Ordering bids for the Bee Branch Floodwall Pumping Station Auxiliary Power Project were adopted setting a public hearing for a meeting to commence at 6:30 p.m. on December 17, 2007, in the His- toric Federal Building. RESOLUTION NO. 581-07 PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE BEE BRANCH FLOODWALL PUMPING STATION AUXILIARY POWER 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 Bee Branch Floodwall Pumping Station Auxiliary Power Project, in the estimated amount of $355,875.00, are hereby preliminarily ap- proved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 3~d day of December, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 582-07 SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATED COST FOR THE BEE BRANCH FLOODWALL PUMPING STATION AUXILIARY POWER PROJECT Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary ap- proval to the proposed plans, specifications, form of contract, and estimated cost for the Bee Branch Floodwall Pumping Station Aux- iliary Power Project and ordered the same to be on file in the office of the City Clerk for pub- Book 137 Regular Session, December 3, 2007 lic inspection. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a public hearing will be held on the 17t" day of December, 2007, at 6:30 p.m. in the Council Chambers, second floor of the Federal Building, 350 West 6th Street, Dubu- que, Iowa, at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or esti- mated cost of the Project. Passed, adopted and approved this 3~d day of December, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 583-07 ORDERING THE ADVERTISEMENT FOR BIDS FOR THE BEE BRANCH FLOODWALL PUMPING STATION AUXILIARY POWER PROJECT NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the Bee Branch Floodwall Pumping Station Auxiliary Power Project is hereby or- dered to be advertised for bids for construc- tion. BE IT FURTHER RESOLVED, that 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. That 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 more than twenty days but not more than forty-five days before the date for filing bids at 2:00 p.m. on the 3~d day of Janu- ary, 2008. Bids shall be opened and read by the City Clerk at said time and will be submit- ted to the City Council for final action at the City Council meeting to be held at 6:30 p.m. on the 22nd day of January, 2008, in the Council Chambers, second floor of the Federal Build- ing, 350 West 6th Street, Dubuque, Iowa. Passed, adopted and approved this 3~d day of December, 2007. 443 Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk ACTION ITEMS Northeast Iowa Community College: Communication from Penelope H. Wills, Ph.D., President of Northeast Iowa Community Col- lege, requesting City Council adopt a Resolu- tion of Support for NICC's ballot measure En- suring the Future for Students and Communi- ties. Motion by Michalski to receive and file the documents and adopt Resolution No. 584-07 Resolution of Support for NICC's ballot meas- ure, Ensuring the Future for Students and Communities. Seconded by Cline. Lynch said this is a good thing and long overdue. Buol said he totally agreed with the measure and that it was needed for the City and the region. Jones said it was too bad the measure didn't pass the previous time. Michalski said the City needs to be supportive and committed to the measure. Motion carried 7-0. RESOLUTION 584-07 RESOLUTION OF SUPPORT FOR NORTH- EAST IOWA COMMUNITY COLLEGE'S BALLOT MEASURE, ENSURING THE FU- TURE FOR STUDENTS AND COMMUNITIES WHEREAS, Northeast Iowa Community College, in the counties of Allamakee, Bremer, Buchanan, Chickasaw, Clayton, Delaware, Dubuque, Fayette, Howard, Jackson, Jones, Mitchell, and Winneshiek will present to the public a ballot measure requesting authority to contract indebtedness and issue school bonds in an amount not to exceed $35,000,000 to renovate, erect, and equip buildings at multiple campus locations and other enrollment loca- tions, including classroom, laboratory, me- chanical and shop upgrades, general facility rehabilitation and new building construction for use by the Community College, and WHEREAS, the above issue will be sub- mitted to the registered voters of the Merged Area School District on Tuesday, the 11t" day of December, 2007, NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa that the City endorses and supports Northeast Iowa Community College's ballot measure Ensuring the Future for Students and Com- munities. Passed, approved and adopted this 3~d day of December, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Washington Neighborhood Vision: City Manager submitting the "Washington Neigh- borhood Revitalize: Envisioning the Future for Dubuque's Washington Neighborhood" report. Motion by Cline to receive and file the docu- 444 Regular Session, December 3, 2007 Book 137 ments. Seconded by Connors. David Boyd, MSN Representative, reviewed the report with the City Council. Washington Neighborhood Association President Teresa Caldwell pre- sented the vision statement and plaque to the Mayor. Motion carried 7-0. Citizen Petition: Communication from James R. Edwards, 390 Hill Street, requesting to address the City Council to submit a petition regarding the intersection of Hill Street and West Third Street. Motion by Cline to receive and file the documents and refer to the City Manager. Seconded by Lynch. James Ed- wards read the petition. Cline said that it is a very busy, heavily traveled intersection and suggested referring it to the City Manager and Engineering Department for review. Jones said that afour-way stop might be a quick fix and that it should be properly corrected now. He also suggested referring it to the City Manager and staff for review. Lynch concurred that it is a dangerous intersection and favored a com- plete study. Michalski concurred that Hill and 3~d Streets is heavily traveled. Motion carried 7-0. HOME Application: City Manager recom- mending approval of a request from Michelle Mihalakis for City support of an Iowa Depart- ment of Economic Development HOME Pro- gram funding application for an 18-room single room occupancy project at 2160 Elm Street. Motion by Connors to receive and file the doc- uments and adopt Resolution No. 585-07 Supporting the application from Michelle Miha- lakis to the Iowa Department of Economic De- velopment for HOME Investment Partnership Program funds. Seconded by Cline. Connors thanked Mihalakis for her work. Motion carried 7-0. RESOLUTION NO 585-07 SUPPORTING AN APPLICATION FROM MICHELLE MIHALAKIS TO THE IOWA DE- PARTMENT OF ECONOMIC DEVELOP- MENT FOR HOME INVESTMENT PART- NERSHIP (HOME) PROGRAM FUNDS Whereas, Michelle Mihalakis has prepared an application to IDED for HOME Program funds to assist in construction of single room occupancy housing for lower-income women, to be named Salvia House; and Whereas, this housing and the associated supported services intended to be provided by the applicant are needed to assist this popula- tion. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City is supportive of the ap- plication from Michelle Mihalakis for HOME Program assistance from the Iowa Department of Economic Development. Passed, approved and adopted this 3~d day of December, 2007. Roy D Buol, Mayor Attest: Jeanne F Schneider, CMC, City Clerk 2160 Elm Street -Request to Rezone (First Reading on November 19, 2007): Motion by Connors to receive and file the documents and that the requirement that a proposed or- dinance be considered and voted on for pas- sage at two Council meetings prior to the meeting at which it is to be passed be sus- pended. Seconded by Lynch. Motion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 60-07 Amend- ing Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by rec- lassifying hereinafter described property lo- cated at 2160 Elm Street from R-2A Alternate Two-Family Residential District to OR Office Residential District. Seconded by Braig. Mo- tion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 60-07 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DE- SCRIBED PROPERTY LOCATED AT 2160 ELM STREET FROM R-2A ALTERNATE TWO-FAMILY RESIDENTIAL DISTRICT TO OR OFFICE RESIDENTIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassify- ing the hereinafter-described property from R- 2A Alternate Two-Family Residential District to OR Office Residential District to wit: Lot 1-2-1- 12, Lot 2-2-1-12, Kniest's Subdivision, Lot 1-1- N 1/3 - 99 L.H. Langworthy, Lot 1-1 of Elm Street Subdivision, and to the north 80 feet of Burton W. Boyes Place, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advi- sory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by I aw. Passed, approved and adopted this 3~d day of December, 2007. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald Newspaper the 8t" day of December, 2007. Book 137 Regular Session, December 3, 2007 /s/Jeanne F. Schneider, CMC, City Clerk Residential Parking Permit District (First Reading on November 19, 2007): Motion by Jones to receive and file the documents and that the requirement that a proposed ordin- ance 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. 61-07 Amending the Code of Ordinances of the City of Dubu- que, Iowa by repealing Subsection (a) of Sec- tion 32-321.733 Establishing Residential Park- ing Permit District A and adopting in lieu the- reof a new Subsection (a) of Section 32- 321.733 Re-establishing Residential Parking Permit District A. Seconded by Braig. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 61-07 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SUBSECTION (a) OF SECTION 32-321.733 ESTABLISHING RES- IDENTIAL PARKING PERMIT DISTRICT A AND ADOPTING IN LIEU THEREOF A NEW SUBSECTION (a) OF SECTION 32-321.733 RE-ESTABLISHING RESIDENTIAL PARK- ING PERMIT DISTRICT A NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Subsection (a) of Section 32-321.733 of the Code of Ordinances of the City of Dubuque, Iowa, relating to Residential Parking Permit District A is hereby repealed and the following new Subsection (a) of Sec- tion 32-321.733 adopted in lieu thereof: Sec- tion 32-321.733. (a) The following described area constitutes a residential parking per- mit district designated as Residential Parking Permit District A: Grace Street, from Ida Street to a point two hundred seventy feet (270') east of McCormick Street. Passed, approved and adopted this 3'd day of December, 2007. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald Newspaper the 8t" day of December, 2007. /s/Jeanne F. Schneider, CMC, City Clerk Human Relations Ordinance (First Reading on November 19, 2007): Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two 445 Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Jones. Motion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 62-07 Amend- ing the City of Dubuque Code of Ordinances Chapter 27 Human Relations, Section 27-1 Definitions by adding a new definition for "Gender Identity" and deleting the definition of "Religious Education Institution"; amending Section 27-51 Aiding or Abetting, Prohibiting Aiding or Abetting Unfair or Discriminatory Practices Based on Gender Identity; amending Section 27-61,Prohibited Practices Relating to Unfair or Discriminatory Practices relating to Public Accommodations Based on Gender Identity; Amending Section 27-71 Prohibited Practices Relating to Unfair or Discriminatory Practices in Employment Based on Gender Identity; amending Chapter 27-72 Exemptions Relating to Unfair or Discriminatory Practices in Certain Consumer Credit Transactions Based on Sexual Orientation or Gender Identi- ty; amending Section 27-101 Prohibited Prac- tices; Exceptions Relating to Unfair or Discri- minatory Practices by Educational Institutions Based on Gender Identity; amending Section 27-131 Prohibitions Relating to Discrimination in the Sale or Rent of a Dwelling based on Gender Identity; amending Section 27-132 Exemptions Exempting Certain Religious Or- ganizations from Certain Conduct Based on Gender Identity; amending Section 27-133 Discrimination in Residential Real Estate- Related Transactions Relating to Discrimina- tion in Certain Real Estate-Related Transac- tions Based on Gender Identity; amending Section 27-134 Discrimination in Provision of Brokerage Services Relating to the Denial of certain Brokerage Services Based on Gender Identity; amending Section 27-145 Violations; Bodily Injury; Death; Penalties Prohibiting In- jury, Intimidation or Interference with a Person Based on Gender Identity. Seconded by Braig. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 62-07 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES CHAPTER 27 HUMAN RE- LATIONS, SECTION 27-1 DEFINITIONS BY ADDING A NEW DEFINITION FOR "GEND- ER IDENTITY" AND DELETING THE DEFI- NITION OF "RELIGIOUS EDUCATIONAL INSTITUTION"; AMENDING SECTION 27-51 AIDING OR ABETTING, PROHIBITING AID- ING OR ABETTING UNFAIR OR DISCRIMI- NATORY PRACTICES BASED ON GENDER IDENTITY; AMENDING SECTION 27-61. PROHIBITED PRACTICES RELATING TO UNFAIR OR DISCRIMINATORY PRACTICES RELATING TO PUBLIC A000MMODA- TIONS BASED ON GENDER IDENTITY; 446 Regular Session, December 3, 2007 Book 137 AMENDING SECTION 27-71 PROHIBITED PRACTICES RELATING TO UNFAIR OR DISCRIMINATORY PRACTICES IN EM- PLOYMENT BASED ON GENDER IDENTI- TY; AMENDING SECTION 27-72 EXEMP- TIONS FROM DIVISION CLARIFYING THE TERM "BONA FIDE RELIGIOUS INSTITU- TION"; AMENDING SECTION 27-91 PROHI- BITED PRACTICES; EXCEPTION RELAT- ING TO UNFAIR OR DISCRIMINATORY PRACTICES IN CERTAIN CONSUMER CREDIT TRANSACTIONS BASED ON SEX- UAL ORIENTATION OR GENDER IDENTITY; AMENDING 27-101 PROHIBITED PRACTIC- ES; EXCEPTIONS RELATING TO UNFAIR OR DISCRIMINATORY PRACTICES BY EDUCATIONAL INSTITUTIONS BASED ON GENDER IDENTITY; AMENDING SECTION 27-131 PROHIBITIONS RELATING TO DIS- CRIMINATION IN THE SALE OR RENT OF A DWELLING BASED ON GENDER IDENTITY; AMENDING SECTION 27-132 EXEMPTIONS EXEMPTING CERTAIN RELIGIOUS ORGAN- IZATIONS FROM CERTAIN CONDUCT BASED ON GENDER IDENTITY; AMENDING SECTION 27-133 DISCRIMINATION IN RES- IDENTIAL REAL ESTATE-RELATED TRANSACTIONS RELATING TO DISCRIMI- NATION IN CERTAIN REAL ESTATE- RELATED TRANSACTIONS BASED ON GENDER IDENTITY; AMENDING SECTION 27-134 DISCRIMINATION IN PROVISION OF BROKERAGE SERVICES RELATING TO THE DENIAL OF CERTAIN BROKERAGE SERVICES BASED ON GENDER IDENTITY; AMENDING SECTION 27-145 VIOLATIONS; BODILY INJURY; DEATH; PENALTIES PROHIBITING INJURY, INTIMIDATION OR INTERFERENCE WITH A PERSON BASED ON GENDER IDENTITY NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. City of Dubuque Code of Ordin- ances Chapter 27 Human Relations is hereby amended to read as follows: Sec. 27-1. Definitions: When used in this chapter, the following terms shall have the meanings ascribed herein unless the context otherwise requires: Commission: The Dubuque human rights commission created by article II of this chap- ter. Court: The Iowa district court in and for Dubuque County. Covered Entity: An employer, employment agency, labor organization, or joint labor man- agement committee. Direct Threat: A significant risk to the health or safety of others that cannot be elimi- nated by reasonable accommodation. Disability: With respect to a person: (1) A physical or mental impairment which substantially limits one or more of such person's major life activities, and the condition of a person with a positive hu- man immunodeficiency virus test result, a diagnosis of acquired immune deficiency syndrome, a diagnosis of acquired im- mune deficiency syndrome related com- plex, or any other condition related to ac- quired immune deficiency syndrome. The inclusion of a condition related to a posi- tive human immunodeficiency virus test result in the meaning of "disability" under the provisions of this chapter does not preclude the application of the provisions of this chapter to conditions resulting from other contagious or infectious diseases; (2) A record of having such an im- pairment; or (3) Being regarded as having such an impairment, but such term does not in- clude current, illegal use of or addiction to a controlled substance as defined in sec- tion 102 of the controlled substances act (21 USC 802) or chapter 204 of the Iowa Code. Drug: A controlled substance, as defined in schedules I through V of section 202 of the controlled substances act. Employee: An individual employed by an employer. Employer: The state or any political subdi- vision, board, commission, department, institu- tion, or school district thereof, and every other person employing employees within the state. Employment Agency: Any person under- taking to procure employees or opportunities to work for any other person or any person holding such person or itself to be equipped to do so. Familial Status: One or more individuals (who have not attained the age of 18 years) being domiciled with: (1) A parent or other person having le- gal custody of such individual or individu- als; (2) The designee of such parent or other person having such custody, with the written permission of such parent or other person; or (3) The protections afforded against discrimination on the basis of familial sta- tus shall apply to any person who is preg- nant or is in the process of securing legal custody of any individual who has not at- tained the age of eighteen (18) years. Gender Identity: A gender related identity of a person, regardless of the person's as- signed sex at birth. Labor Organization: Any organization which exists for the purpose in whole or in part of collective bargaining, of dealing with em- ployees concerning grievances, terms or con- ditions of employment, or of other mutual aid Book 137 Regular Session, December 3, 2007 or protection in connection with employment. Person: An individual, partnership, asso- ciation, corporation, legal representative, trus- tees, receiver, any other legal entity and the state and all political subdivisions and agen- cies thereof. Public Accommodation: Each and every place, establishment, or facility of whatever kind, nature, or class that caters or offers ser- vices, facilities, or goods for a fee or charge to nonmembers of any organization or associa- tion utilizing the place, establishment, or facili- ty; provided, that any place, establishment, or facility that caters or offers services, facilities, or goods to the nonmembers gratuitously shall be deemed a public accommodation if the ac- commodation receives any governmental sup- port or subsidy. "Public accommodation" shall not mean any bona fide private club or other place, establishment, or facility which is by its nature distinctly private, except when such distinctly private place, establishment, or facili- ty caters or offers services, facilities, or goods to the nonmembers for a fee or charge or gra- tuitously, it shall be deemed a public accom- modation during such period. "Public accommodation" includes each state and local government unit or tax sup- ported district of whatever kind, nature, or class that offers services, facilities, benefits, grants or goods to the public, gratuitously or otherwise. This paragraph shall not be con- strued by negative implication or otherwise to restrict any part or portion of the preexisting definition of the term "public accommodation" (contained in the definition above). Readily Achievable: Easily accomplishable and able to be carried out without much diffi- culty or expense. In determining whether an action is readily achievable, factors to be con- sidered include: (1) The nature and cost of the action needed under this chapter. (2) The overall financial resources of the facility or facilities involved in the ac- tion; the number of persons employed at such facility; the effect on expenses and resources, or the impact otherwise of such action upon the operation of the facility; (3) The overall financial resources of the covered entity; the overall size of the business of a covered entity with respect to the number of its employees; the num- ber, type, and location of its facilities; and (4) The type of operation or operations of the covered entity, including the com- position, structure, and functions of the work force of such entity; the geographic separateness, administrative or fiscal rela- tionship of the facility or facilities in ques- tion to the covered entity. Reasonable Accommodation: May include: (1) Making existing facilities used by 447 employees readily accessible to and usa- ble by individuals with disabilities; and (2) Job restructuring, part time or mod- ified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, appropriate ad- justment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individ- ualswith disabilities. Sexual Orientation: a person's actual, his- tory of, or perceived heterosexuality, homo- sexuality, or bisexuality, but not including par- ticipation in conduct that is prohibited by law. Undue Hardship: An action requiring signif- icant difficulty or expense. In determining whether an accommodation would impose an undue hardship on a covered entity, factors to be considered include: (1) The nature and cost of the ac- commodation needed under this chapter; (2) The overall financial resources of the facility or facilities involved in the pro- vision of the reasonable accommodation; the number of persons employed at such facility; the effect on expenses and re- sources, or the impact otherwise of such accommodation upon the operation of the faci I ity; (3) The overall financial resources of the covered entity; the overall size of the business of a covered entity with respect to the number of its employees; the num- ber, type, and location of its facilities; and (4) The type of operation or operations of the covered entity, including the com- position, structure, and functions of the work force of such entity; the geographic separateness, administrative, or fiscal re- lationship of the facility or facilities in question to the covered entity. Unfair Practice or Discriminatory Practice: Those practices specified as unfair or discrimi- natory in articles IV and VI of this chapter. Sec. 27-51. Aiding or Abetting: It shall be an unfair or discriminatory prac- tice for: (1) Any person to intentionally aid, abet, compel or coerce another person to engage in any of the practices declared unfair or discriminatory by this chapter. (2) Any person to discriminate against another person in any of the rights pro- tected against discrimination on the basis of race, creed, color, sex, national origin, familial status, religion, age, disability, ma- rital status, sexual orientation or gender identity by this Article because such per- son has lawfully opposed any practice forbidden under this Article, obeys the provisions of this Article, or has filed a complaint, testified or assisted in any pro- 448 Regular Session, December 3, 2007 Book 137 ceeding under this Chapter. (3) Any person to discriminate against another person because of the person's relationship or association with a person protected under this chapter. Sec. 27-61. Prohibited Practices: It shall be an unfair or discriminatory prac- tice for any owner, lessee, sublessee, proprie- tor, manager, or superintendent of any public accommodation or any agent or employee thereof: (1) To refuse or deny to any person because of race, creed, color, sex, age, national origin, religion, sexual orientation or gender identity the accommodations, advantages, facilities, services, or privi- leges thereof, or otherwise to discriminate against any person because of race, creed, color, sex, age, national origin, reli- gion, or sexual orientation in the furnishing of such accommodations, advantag- es/facilities, services or privileges. (2) To directly or indirectly advertise or in any other manner indicate or publicize that the patronage of persons of any par- ticular race, creed, color, sex, age, na- tional origin, religion, sexual orientation or gender identity is unwelcome, objectiona- ble, not acceptable, or not solicited. Sec. 27-71. Prohibited Practices: It shall be an unfair or discriminatory practice for any: (1) Person to refuse to hire, accept, register, classify, or refer for employment, to discharge any employee, or to other- wise discriminate in employment against any applicant for employment or any em- ployee because of the race, creed, color, sex, age, national origin, religion, sexual orientation or gender identity of such ap- plicant or employee, unless based upon the nature of the occupation. (2) Labor organizations or the em- ployees, agents, or members thereof to refuse to admit to membership any appli- cant, to expel any member, or to other- wise discriminate against any applicant for membership or any member in the privi- leges, rights, or benefits of such member- ship because of the race, creed, color, sex, age, national origin, religion, sexual orientation or gender identity of such ap- plicant or member. (3) Employer, employment agency, labor organization, or the employees, agents, or members thereof, to directly or indirectly advertise or in any other manner indicate or publicize that individuals of any particular race, creed, color, sex, age, na- tional origin, religion, sexual orientation or gender identity are unwelcome, objection- able, not acceptable, or not solicited for employment or membership, unless based upon the nature of the occupation. Sec. 27-72. Exemptions From Division: The prohibition by this division of discrimi- nation based on sexual orientation shall not apply to any bona fide religious institution with respect to any qualifications for employment by such institution. This division shall not apply to: (1) Any employer who regularly em- ploys less than four (4) individuals. For purposes of this subsection, the owners, owner(s)' spouses and children shall not be counted as employees. (2) The employment of individuals for work within the home of the employer if the employer or members of the employ- er's family reside therein during such em- ployment. (3) The employment of individuals to render personal service to the person of the employer or members of the employ- er's family. (4) Any bona fide religious institution or its educational association, corporation or society with respect to any qualifica- tions for employment based on religion when such qualifications are related to a bona fide religious purpose. A religious qualification for instructional personnel or administrative officer, serving in a super- visory capacity of a bona fide religious educational facility or religious institution shall be presumed to be a bona fide oc- cupational qualification (5) Discrimination on the basis of age if the person subject to the discrimination is under the age of eighteen (18) years, unless that person is considered by law to be an adult. (6) A state or federal program de- signed to benefit a specific age classifica- tion which serves a bona fide public pur- pose. Sec. 27-91. Prohibited Practices; Excep- tion: It shall be an unfair or discriminatory prac- tice for any: (1) Creditor to refuse to enter into a consumer credit transaction or impose finance charges or other terms or condi- tions more onerous than those regularly extended by that creditor to consumers of similar economic backgrounds and current situations because of age, color, creed, national origin, race, religion, marital sta- tus, sex, physical disability, sexual orien- tation or gender identity. (2) Person authorized or licensed to do business in this State pursuant to chapters 524, 533, 534, 536 or 536A of the Code of Iowa to refuse to loan or ex- tend to persons of similar economic back- grounds because of age, color, creed, na- Book 137 Regular Ses: tional origin, race, religion, marital status, sex, physical disability, sexual orientation or gender identity. (3) Creditor to refuse to offer credit life or health and accident insurance because of color, creed, national origin, race, reli- gion, marital status, age, physical disabili- ty, sex, sexual orientation or gender iden- tity. Refusal by a creditor to offer credit life or health and accident insurance based upon the age or physical disability of the consumer shall not be an unfair or discri- minatory practice if such denial is based solely upon bona fide underwriting con- siderations not prohibited by the State Code of Iowa or United States Code. Sec. 27-101. Prohibited Practices; Excep- tions: It is an unfair or discriminatory practice for any educational institution to discriminate on the basis of race, creed, color, sex, national origin, religion, disability, sexual orientation or gender identity in any program or activity. Such discriminatory practices shall include, but not be limited to, the following practices: (1) Exclusion of a person or persons from participation in, denial of the benefits of, or subject to discrimination in any aca- demic, extracurricular, research, occupa- tional training, or other program or activity except athletic programs; (2) Denial of comparable opportunity in intramural and interscholastic athletic programs; (3) Discrimination among persons in employment and the conditions of em- ployment; (4) On the basis of sex, the application of any rule concerning the actual or poten- tial parental, family or marital status of a person, or the exclusion of any person from any program or activity or employ- ment because of pregnancy or related conditions dependent upon the physi- cian's diagnosis and certification. For the purpose of this section, "educa- tional institution" includes any preschool, ele- mentary, secondary, or community college, area education agency, or postsecondary col- lege or university and their governing boards. This section does not prohibit an educational institution from maintaining separate toilet fa- cilities, locker rooms or living facilities for the different sexes so long as comparable facilities are provided. Nothing in this section shall be construed as prohibiting any bona fide reli- gious institution from imposing qualifications based on religion when such qualifications are related to a bona fide religious purpose or any institution from admitting students of only one sex. Sec. 27-131. Prohibitions. It shall be unlawful: lion, December 3, 2007 449 (1) To refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or oth- erwise make unavailable or deny, a dwel- ling to any person because of race, color, religion, sex, familial status, national ori- gin, creed, age, disability, sexual orienta- tion or gender identity. (2) To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provi- sions of services or facilities in connection therewith, because of race, color, religion, sex, familial status, national origin, creed, age, disability, sexual orientation or gend- er identity. (3) To make, print or publish, or cause to be made, printed or published any no- tice, statement or advertisement, with re- spect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, reli- gion, sex, familial status, national origin, creed, age or disability, sexual orientation, or gender identity or an intent to make any such preference, limitation or discrimina- tion. (4) To represent to any person be- cause of race, color, religion, sex, familial status, national origin, creed, age, disabili- ty, sexual orientation or gender identity that any dwelling is not available for in- spection, sale or rental when such dwel- ling is in fact so available. (5) For profit, to induce or attempt to induce any person to sell or rent any dwel- ling by representations regarding the entry or prospective entry into the neighborhood of a person or disabled persons of a par- ticular race, color, religion, sex, familial status, national origin, creed, age, disabili- ty, sexual orientation or gender identity. Sec. 27-132. Exemptions: (a) Nothing in Section 27-131 of this Article other than Subsection 27-131(3) shall apply to: (1) Any single-family house sold or rented by an owner provided that: a. The private individual owner does not own more than three (3) such single-family houses at any one time; and b. In the sale of any single-family house, the private individual owner does not reside in, nor is the most re- cent resident of such house prior to such sale; the exemption granted by this subsection shall apply to only one such sale within a 24-month period; and c. The bona fide private individual owner does not own any interest in, nor is there owned or reserved on the 450 Regular Session, December 3, 2007 Book 137 owner's behalf, under express of volun- tary agreement, title to, or any right to all or a portion of the proceeds from the sale or rental of more than three (3) such single-family houses at one time; and d. There is no utilization in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, agent, salesperson, or of such facilities or services of any person in the business of selling or renting dwellings, or of any employee or agent of any such broker, agent, sa- lesperson or person; and e. There is no publication, posting or mailing, after notice, of any adver- tisement or written notice in violation of Section 27-131(3) of this Article. Noth- ing in this subsection prohibits the utili- zation of attorneys, escrow agents, ab- stractors, title companies, and other such professional assistance as ne- cessary to perfect or transfer the title. (2) Rooms or units in dwellings con- taining living quarters occupied or in- tended to be occupied by no more than four (4) families living independently of each other, if the owner actually maintains and occupies one of such living quarters of his residence. (b) For the purposes of subsection (a) of this Section, a person shall be deemed to be in the business of selling or renting dwellings if: (1) The person has, within the preced- ing twelve (12) months, participated as principal in three (3) or more transactions involving the sale or rental of any dwelling or any interest therein; or (2) The person has, within the preced- ing twelve (12) months, participated as agent, other than in the sale of the per- son's own personal residence in providing sales or rental facilities or sales or rental services in two (2) or more transactions involving the sale or rental of any dwelling or any interest therein; or (3) The person is the owner of any dwelling designed or intended for occu- pancy by, or occupied by, five (5) or more families. (c) Nothing in this article shall prohibit a re- ligious organization, association, or society or any nonprofit institution or organization oper- ated, supervised or controlled by or in conjunc- tion with a religious organization, association or society, from limiting the sale, rental or oc- cupancy of dwellings which it owns or operates for other than a commercial purpose to per- sons of the same religion, or from giving prefe- rence to such persons, unless membership in such religion is restricted on account of race, color, sex, familial status, national origin, creed, age, disability, sexual orientation or gender identity. Nor shall anything in this ar- ticle prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes provides lodging which it owns or operates for other occupancy of such lodging to its members or from giving prefe- rence to its members. (d) (1) Nothing in this Article limits the applicability of Chapter 26 regarding the maximum number of occupants permitted to occupy a dwelling. Nor does any provi- sion in this Article regarding familial status or age apply with respect to housing for older persons. (2) As used in this Section "housing for older persons" means housing: a. Provided under any State or Federal program that the secretary de- termines is specifically designed and operated to assist elderly persons (as defined in the State or Federal pro- gram); or b. Intended for, and solely occupied by, persons sixty two (62) years of age or older; or c. Intended and operated for occu- pancy by at least one person fifty five (55) years of age or older per unit. In determining whether housing qualifies as housing for older persons under this subsection, the Commission shall de- velop regulations which require at least the following factors: 1. That at least eighty percent (80%) of the units are occupied by at least one person fifty five (55) years of age or older per unit; and 2. The publication of, and adhe- rence to, policies and procedures which demonstrate an intent by the owner or manager to provide hous- ing for persons fifty five (55) years of age or older. (3) Housing shall not fail to meet the requirements for housing for older per- sons by reason of: a. Persons residing in such housing as of the date of enactment of this Ar- ticle who do not meet the age require- ments of subsection (d)(2)b or (d)(2)c of this Section; provided, that new oc- cupants of such housing meet the age requirements of subsection (d)(2)b or (d)(2)c of this Section. b. Unoccupied units; provided, that such units are reserved for occupancy by person who meets the age require- ments of subsection (d)(2)b or (d)(2)c of this Section. (4) Nothing in this Article prohibits conduct against a person because such Book 137 Regular Session, December 3, 2007 person has been convicted by any court of competent jurisdiction of the illegal manu- facture or distribution of a controlled sub- stance as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802) or chapter 204 of the Iowa Code. Sec. 27-133. Discrimination In Residential Real Estate-Related Transactions: (a) In general. It shall be unlawful for any person or other entity whose business includes engaging in residential real estate-related transactions to discriminate against any per- son in making available such a transaction, or in the terms or conditions of such a transac- tion, because of race, color, religion, sex, fa- milial status, national origin, creed, age, disa- bility, sexual orientation or gender identity. (b) Definition: As used in this Section, the term "residential real estate-related transaction" means any of the following: (1) The making or purchasing of loans or providing other financial assistance: a. For purchasing, constructing, improving, repairing or maintaining a dwelling; or b. Secured by residential real es- tate. (2) The selling, brokering or appraising of residential real property. (c) Appraisal exemption. Nothing in this ar- ticle prohibits a person engaged in the busi- ness of furnishing appraisals of real property to take into consideration factors other than race, color, religion, sex, familial status, national origin, creed, age, disability or sexual orienta- tion. Sec. 27-134. Discrimination in provision of brokerage services. It shall be unlawful to deny to any person access to or membership or participation in any multiple listing services, real estate bro- kers' organization or other service, organiza- tion or facility relating to the business of selling or renting dwellings, or to discriminate against such person in the terms or conditions of such access, membership or participation, on ac- count of race, color, religion, sex, familial sta- tus, national origin, creed, age, disability, sex- ual orientation or gender identity. Sec. 27-145. Violations; Bodily Injury; Death; Penalties: Whoever whether or not acting under color of law, by force or threat of force willfully in- jures, intimidates or interferes with, or attempts to injure, intimidate or interfere with: (1) Any person because of such per- son's race, color, religion, sex, familial sta- tus, national origin, creed, age, disability, sexual orientation or gender identity and because such person is or has been sell- ing, purchasing, renting, financing, occu- pying, or contracting or negotiating for the sale, purchase, rental, financing, or occu- 451 pation of any dwelling, or applying for or participating in any service, organization or facility relating to the business of selling or renting dwellings; or (2) Any person because such person is or has been, or in order to intimidate such person or any other person or any class of persons from: (a) participating, without discrim- ination on account of race, color, re- ligion, sex, familial status, national origin, creed, age, disability, sexual orientation or gender identity in the activities, services, organizations or facilities described in subsection (a) of this Section; or (b) Affording another person or class of persons opportunity or pro- tection so to participate; or (3) Any citizen because such person is or has been, or in order to discourage such citizen or any other citizen from law- fully aiding or encouraging other persons to participate, without discrimination on account of race, color, religion, sex, fa- milial status, national origin, creed, age, disability, sexual orientation or gender identity in any of the activities, services, organizations or facilities described in subsection (a) of this Section, or partici- pating lawfully in speech or peaceful as- sembly opposing any denial of the oppor- tunity to so participate shall be referred to the County Attorney's office for prosecu- tion. Section 2. This Ordinance shall take effect upon publication. Passed, approved and adopted this 3~d day of December, 2007. /s/Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald Newspaper the 8t" day of December, 2007. /s/Jeanne F. Schneider, CMC, City Clerk Dubuque Community Ice and Recreation Center, Inc.: City Manager recommending financial assistance for the Dubuque Commu- nity Ice and Recreation Center, Inc., to help leverage state funding. Motion by Cline to re- ceive and file the documents and approve. Seconded by Lynch. Cline said that she was glad to support it. Braig said it was a great addition to the City. Motion carried 7-0. There being no further business, upon mo- tion the Council adjourned at 7:31 p.m. /s/Jeanne F. Schneider, CMC City Clerk 452 Special Sessions, December 10, 2007 Book 137 CITY OF DUBUQUE, IOWA CITY COUNCIL OFFICIAL PROCEEDINGS The Dubuque City Council met in special session at 4:30 p.m. on December 10, 2007, in the Historic Federal Building Present: Mayor Buol, City Council Mem- bers Braig, Cline, Connors, Jones, Lynch, Mi- chalski, City Manager Van Milligen, City Attor- ney Lindahl Mayor Buol read the call and stated this is a special session called for the purpose of conducting a Closed Session to discuss pend- ing litigation Upon motion the Council convened in closed session at 4:31 p.m. regarding Pending Litigation pursuant to Chapter 21.5(1)(j) 2007 of the Code of Iowa. At 5:36 p.m. Council reconvened regular session stating that staff had been given prop- erdirection. There being no further business, upon mo- tion the Council adjourned at 5:37 p.m. rather, it is a statement of policy and the City Council is obligated and committed to use it as a guide in their decisions. The Council reviewed each of the elements of the Comprehensive Plan separately and consensus was reached on the following changes: Land Use and Urban Design: Objective 4.7, delete the words "and riveriront." Infrastructure: Objective 5.4, changed to read "Sup- port building alternate pedestrian routes and integrate these with walk- ing/biking trails as a unique City at- traction." Environmental Quality: Goal #7, change the wording "includ- ing partnerships" to "and encourage partnerships" Human Services: Objective 3.5 changed to read "Sup- port increased neighborhood in- volvement and promote neighbor- hood associations." Public Safety -Policy Statement, remove the words "Acknowledge that." Goal 4.4, changed to read "work to- ward the elimination of gang activity, substance abuse, and juvenile crime." /s/ Jeanne F. Schneider, CMC City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL OFFICIAL PROCEEDINGS The Dubuque City Council met in special session at 6:00 p.m. on December 10, 2007, in the Historic Federal Building. Present: Mayor Buol, City Council Mem- bers Braig, Cline, Connors, Jones, Lynch, Mi- chalski, City Manager Van Milligen, City Attor- ney Lindahl Mayor Buol read the call and stated this is a special session called for the purpose of discussing the Comprehensive Plan. Planning Services Manager Laura Cars- tens reviewed the process used by the Long Range Planning Advisory Commission for the update of the 2002 Comprehensive Plan. City Attorney Barry Lindahl stressed that the Com- prehensive Plan is not legally enforceable; Staff was directed to schedule the pub- lic hearing on adoption of the revised Compre- hensive Plan for Tuesday, January 22, 2008, at 6:30 p.m. in the Historic Federal Building. Council expressed appreciation for the work of the Long Range Planning Advisory Commission and Planning Services staff on the review and update of the plan. Upon motion the meeting was adjourned at 7:21 p.m. /s/Jeanne F. Schneider, CMC City Clerk Book 137 Regular Session, December 17, 2007 CITY OF DUBUQUE, IOWA CITY COUNCIL OFFICIAL PROCEEDINGS The Dubuque City Council met in regular session at 6:30 p.m. on December 17, 2007, in the Historic Federal Building. Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michals- ki, City Manager Van Milligen, City Attorney Lindahl Invocation was provided by Sr. Mary Agnes O'Connor. Presentation of appreciation plaques to outgoing City Council Members Ann E. Mi- chalski and Patricia A. Cline in appreciation of the years of public service. CONSENT ITEMS Motion by Cline to receive and file the doc- uments and dispose of as indicated. Seconded by Lynch. Braig requested that (#7) Downtown Design Guidelines be held for separate dis- cussion. Michalski requested (#18) 2007 An- nual Tax Increment Financing Report be held for separate discussion. Motion carried 7-0. Minutes and Reports Submitted: Airport Commission of 10/22; Cable Community Tele- programming Commission of 9/4, 10/9, and 11/6; Cable TV Regulatory Commission of 9/12; City Council of 12/3; Electrical Code Board of 11/26; Historic Preservation Commis- sion of 11/29; Human Rights Commission of 11/5; Zoning Advisory Commission of 12/5 Library Board of Trustees Update from Meeting of November 15, 2007 Proofs of publication of City Council Pro- ceedings of November 19 and 26, 2007 and List of Claims and Summary of Revenues for Month Ending October 31, 2007. Upon motion the documents were received and filed. Notice of Claims/Suits: Allied Insurance for personal injury claim of Ryan Glaser; David J. Waddick vs. City of Dubuque; John Tschiggfrie for property damage; Jim C. Jones for property damage; Larry and Brenda Huseman for prop- erty 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 Com- munities Assurance Pool: Hope McDermott for personal injury; Allied Insurance for personal injury; Jim Jones for vehicle damage 453 City Attorney recommending settlement of the claims of Greg Droessler for vehicle dam- age and John Tschiggfrie for property damage. Upon motion the documents were received and filed and concurred. Transit Board of Trustees: Peter V. Kies submitting his resignation from the Transit Board of Trustees, effective immediately. Upon motion the document was received and filed, and the resignation accepted. Stonebrook Subdivision: Communication from Mike Portzen, Portzen Construction, Inc., requesting final acceptance of Stonebrook Subdivision. Upon motion the documents were received and filed and referred to the City Manager. Human Rights Annual Report: Submittal of the Human Rights Commission's Annual Re- port for Fiscal Year 2007. Upon motion the documents were received and filed. Cottingham and Butler -Irrevocable Li- cense: City Manager recommending approval of the Irrevocable License for Cottingham and Butler to encroach on the public right-of-way of 8t" Street and the alley adjacent to 800 Main Street to accommodate a loading dock, trans- former enclosure, well head, and building bump out. Upon motion the documents were received, filed, and approved. Downtown Design Guidelines: City Man- ager recommending approval of a Certified Local Government (CLG) grant agreement for the Downtown Design Guidelines project. Mo- tion by Braig to receive and file the documents and adopt Resolution No. 586-07 Approving CLG Grant Agreement with the State Historical Society of Iowa for Downtown Dubuque De- sign Guidelines. Seconded by Connors. Braig questioned if there is potential for or interest in Bluff Top Design Guidelines and if they are appropriate. Connors stated bluff top guide- lines are very different from those used in the downtown area or the Port of Dubuque. Lin- dahl commented that this will be looked at as part of the Comprehensive Bluffland Plan. Mo- tion carried 7-0. RESOLUTION NO. 586-07 APPROVING CLG GRANT AGREEMENT WITH THE STATE HISTORICAL SOCIETY OF IOWA FOR DOWNTOWN DUBUQUE DESIGN GUIDELINES. Whereas, the State Historical Society of Iowa has awarded the City of Dubuque a Certi- fied Local Government (CLG) grant for the Downtown Dubuque Design Guidelines; and Whereas, the City of Dubuque has adopted the Downtown Dubuque Master Plan and im- 454 Regular Session, December 17, 2007 Book 137 plementation of the plan includes the creation of design guidelines for the downtown. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor is authorized to sign the agreement with the State Historical Society of Iowa for CLG Grant Funds for the Downtown Dubuque Design Guidelines. Section 2. That the City of Dubuque agrees to abide by all local, state and federal require- ments applicable to the proposed budget. Passed, approved and adopted this 17t" day of December, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 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 he- reby authorized and directed to cause said Quit Claim Deed to be recorded in the office of the Dubuque County Recorder, together with certified copy of the Resolution. Section 4. That the City Clerk be and she is hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. Passed, approved, and adopted this 17t" day of December, 2007. Roy D. Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk Preserve America Grant: Communication from the Historic Preservation Commission to the National Park Service in support of the Preserve America Grant application "Holly- wood in the Heartland" submitted by the Iowa State Historic Preservation Office. Upon mo- tion the documents were received and filed. Purchase of Property - 2249 Elm Street: City Manager recommending approval of the purchase of a residential dwelling located at 2249 Elm Street as part of the acquisition pro- gram associated with the Bee Branch Creek Restoration Project. Upon motion the docu- ments were received and filed and Resolution No. 587-07 Approving the acquisition of real estate located at 2249 Elm Street in the City of Dubuque was adopted. RESOLUTION NO. 587-07 APPROVING THE ACQUISITION OF REAL ESTATE LOCATED AT 2249 ELM 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 recom- mended in the 2001 HDR "Drainage Basin Master Plan;" and WHEREAS, a purchase agreement has been finalized with the owner of the thirtieth 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 legal- ly described property: Lot 1 of Lot 1 of Lot 2 of Lot 2, and the Easterly 20 feet of Lot 1, both in the Subdivision of Lot 102, in L.H. Langwor- thy's Addition in the City of Dubuque, Iowa, according to the recorded plats thereof, at the cost of Forty-one thousand two hundred fifty dollars ($41,250). Section 2. That the City of Dubuque be and is hereby authorized to accept a Quit Claim Purchase of Property - 2300 / 2302 Wash- ington Street: City Manager recommending approval of the purchase of a residential dwel- ling located at 2300 - 2302 Washington 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. 588-07 Approving the acquisition of real estate located at 2300 - 2302 Washington Street in the City of Dubuque was adopted. RESOLUTION NO. 588-07 APPROVING THE ACQUISITION OF REAL ESTATE LOCATED AT 2300-2302 WASH- INGTON STREET, IN THE CITY OF DUBU- QUE 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 recom- mended in the 2001 HDR "Drainage Basin Master Plan;" and WHEREAS, a purchase agreement has been finalized with the owner of the thirty-first 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 legal- ly described property: Lot 1 of the Subdivision of the Middle 60 feet of Lot 104 in L.H. Langworthy's Addition to the City of Dubuque, Iowa, according to the recorded Plat thereof, together with all im- provements thereon. at the cost of Seventy-two thousand dollars ($72, 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 she is hereby authorized and directed to cause Book 137 Regular Session, December 17, 2007 said Quit Claim Deed to be recorded in the office of the Dubuque County Recorder, to- getherwith 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. Passed, approved, and adopted this17t" day of December, 2007. Roy D. Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk Stipulation of Settlement: City Attorney submitting a Stipulation of Settlement in the tax assessment appeal of A. John and Cathy A. Pesetski for property located at 2991 Deer- wood Circle. Upon motion the documents were received, filed, and approved. Highway 20 Phase II Landscaping Project: City Manager recommending acceptance of the Highway 20 Phase II Landscaping Project as completed by Smith Seeding, Inc. in the final contract amount of $231,417. Upon mo- tion the documents were received and filed and Resolution No. 589-07 Accepting im- provement and Resolution No. 590-07 Approv- ing final estimate were adopted. RESOLUTION NO. 589-07 ACCEPTING IMPROVEMENT WHEREAS, the contract for the Highway 20 Landscaping Project, Phase II has been completed and the City Manager has ex- amined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifi- cations and recommends its acceptance. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 1. That the recommendation of the City Manager be approved and that said improve- ment 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 17th day of December, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 590-07 FINAL ESTIMATE WHEREAS, the contract for the Highway 20 Landscaping Project, Phase II has been completed and the Engineer has submitted his final estimate showing the cost thereof includ- ing the cost of estimates, notices and inspec- tion and all miscellaneous costs; 455 NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improve- ment is hereby determined to be $231,417, and the said amount shall be paid from the General Fund of the City of Dubuque, Iowa. Passed, approved and adopted this 17th day of December, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk PEG Capital Grant Expenditures: City Manager recommending approval of a request for funding from the Capital Grant for Access Equipment and Facilities. Upon motion the documents were received, filed, and approved. Delinquent Refuse, Sewer and stormwater Management Accounts: City Manager recom- mending approval of the submission of the delinquent refuse, sewer and stormwater management collection accounts to the Dubu- que County Treasurer in order to establish real property liens for collection of such past due accounts. Upon motion the documents were received and filed and Resolution No. 591-07 Adopting the Schedule of Assessments for delinquent refuse, sewer and stormwater col- lection accounts and specifying the number of annual installments into which assessments are divided, the interest on all unpaid install- ments, the time when the assessments are payable and directing the Clerk to certify the schedule of assessments to the County Trea- surer and to publish notice thereof was adopted. RESOLUTION NO. 591-07 ADOPTING THE SCHEDULE OF ASSESS- MENTS FOR DELINQUENT REFUSE, SEW- ER AND STORMWATER COLLECTION AC- COUNTS SPECIFYING THE NUMBER OF ANNUAL INSTALLMENTS INTO WHICH ASSESSMENTS ARE DIVIDED, THE INTER- EST ON ALL UNPAID INSTALLMENTS, THE TIME WHEN THE ASSESSMENTS ARE PAYABLE AND DIRECTING THE CLERK TO CERTIFY THE SCHEDULE OF ASSESS- MENTS 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 Sche- dule of Assessments attached hereto for de- linquent refuse, sewer and stormwater collec- tion accounts which Schedule of Assessments was filed in the office of the City Clerk on the 10th day of December, 2007, the said Sche- dule of Assessments be and the same is here- by approved and adopted. That there be, and is herby assessed and 456 Regular Session, December 17, 2007 Book 137 levied as a special tax against and upon each of the lots, the respective sums indicated. That the City Clerk be and is hereby di- rected 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 publi- cation of which shall be not more than fifteen days from the date of filing of the final sche- dule. On or before the date of the second pub- lication 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 Treasurer, City Hall, 50 W. 13t" Street, Dubu- que, 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 as- sessments of $100.00 or more are payable in 10 annual installments at the County Treasur- er's Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa, and will draw annual interest at nine (9) percent (commenc- ing 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 ad- vance. Passed, approved and adopted this 17th day of December, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk NOTICE OF FILING OF THE SCHEDULE OF ASSESSMENTS FOR DELINQUENT REFUSE, SEWER AND STORMWATER COLLECTION ACCOUNTS To the property owners of the properties shown on the attached schedule of assess- ments: You are hereby notified that the attached Schedule of Assessments has been adopted by the City Council of the City of Dubuque, Iowa, and that said Schedule of Assessments has been filed with the County Treasurer of Dubuque County, Iowa. You are further notified that assessments may be paid in full or in part without interest at the office of City Treasurer, 50 W. 13t" Street, Dubuque, Iowa, 52001, at any time within 30 days after the date of this notice. After 30 days, unpaid special assessments of $100.00 or more are payable in 10 annual installments and will draw annual interest at nine (9) percent computed to December 1st next following the due dates of the respective installments as provided in Section 384.65 of the Code of Iowa. Each installment will be de- linquent from October 1st following its due date on July 1St of each year. Property owners may elect to pay any annual installment se- miannually in advance. This Notice given by direction of the city Council of the City of Dubuque, Iowa, as pro- vided in the Code of Iowa. /s/ Jeanne F. Schneider, CMC, City Clerk City of Dubuque Delinquent Refuse, Sewer & Stormwater Accounts to County Treasur- er, December 2007 Name and Address, Property Description, [Parcel #], Totals Bernhard, Gary, 1110 Roosevelt St., Du- buque, IA 52001-8334, Lot 4 Wersinger Sub, 10-12-201-003, $268.18, Bernhard, Gary, 1100 Roosevelt St, Dubu- que, IA, 52001-8652, Lot 4 Wersinger sub, 10- 12-201-003, $709.70, Krolich, Mark, 743 Louise St, Dubuque, IA, 52001-1281,Lots 74 & 75 Maple Leaf Add #2, 10-12-356-004, $231.92, Foht, J, 723 Peru Rd, Dubuque, IA, 52001- 1271, Lot 20 Maple Leaf Add #2, 10-12-358- 007, $711.78, Hurst, Ricky, 3975 Inwood Ave, Dubuque, IA, 52001-8652, Lot 39 & 40 Oneills North Dub Add, 10-12-177-005, $710.58, Schetgen, Michael J, 3922 Inwood Ave, Dubuque, IA, 52001-8630, Lot 53 & 54 Oneills North Dub Add, 10-12-181-001, $709.90, Betts, Michael/Patricia, 4955 Old Hwy Rd, Dubuque, IA, 52002-9633, Lot 1-2-1-1 SW SE Sec, 10-29-451-004, $376.47 Wolfe, Doug, 2020 Rockdale Rd, Dubuque, IA, 52003-8057, Lot 1 Jeanette Sweeney Place, 15-01-178-015, $215.48 Merfeld, Merlin, 380 Cedar Cross Rd, Du- buque, IA, 52003-7727, Lot 2-2 ML 230 Lot 1- 3 ML 232 Lot, 2 Merfeld Acres, 10-00-800-063, $ 352.24 Nebel, Eric C, 1233 Miller Rd, Dubuque, IA, 52003-8590, Lot 1 Volk Place, 15-02-227- 013, $742.15 McMullen, Rob J & Vickie L, 3998 Inwood Ave, Dubuque, IA, 52001-8653, Lot 60 O'Neills North Dub Add, 10-12-1780-001, $108.42 Steines, Agnes, 2444 W 32nd, Dubuque, IA, 52001-1506, Bal of Lot 1-1 of Min Lot 382, 10-00-800-040, $286.52 Schromen, Philip F, 713 Peru Rd, Dubu- que, IA, 52001-1271, Lot 18 Maple Leaf Add No 2, 10-12-358-005, $314.22 Citifinancial Inc, 7467 New Ridge Rd., Suite 222, Hanover, MD, 21076, Lot 16 T S Nairns Dubuque, 10-26-279-013, $761.19 Atkinson, Terry, 8279 Kalb Ridge, Peosta, IA 52068-9548, Lot 6 Blk 1 Fischer Heights, 10-28-401-002, $244.81, Book 137 Regular Session, December 17, 2007 Fountain, Pauline L, 302 W Palmer St Apt 1, Lot 56 Burtons Add, Cuba City, WI, 53807- 1353, 10-14-452-008, $361.01 Strub, Todd M, 2096 Broadlawn Rd, Lot 12 Blk 4 Hillcrest Park, Dubuque, IA, 52001-2907, 10-22-403-001, $911.27. TOTAL: $8, 015.84 2007 Weed Assessments: City Manager recommending approval of the submission of the 2007 Weed Assessments to the Dubuque County Treasurer in order to establish real property liens for collection of the past due accounts. Upon motion the documents were received and filed and Resolution No. 592-07 Adopting the Schedule of Assessments for the 2007 Weed Enforcement Program and speci- fying the number of annual installments into which assessments are divided, the interest on all unpaid installments, the time when the as- sessments 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. 592-07 ADOPTING THE SCHEDULE OF ASSESS- MENTS FOR THE 2007 WEED ENFORCE- MENT PROGRAM SPECIFYING THE NUM- BER OF ANNUAL INSTALLMENTS INTO WHICH ASSESSMENTS ARE DIVIDED, THE INTEREST ON ALL UNPAID INSTALL- MENTS, THE TIME WHEN THE ASSESS- MENTS 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 Sche- dule of Assessments attached hereto for the 2007 Weed Enforcement Program which Schedule of Assessments was filed in the of- fice of the city Clerk on the 10t" day of Decem- ber, 2007, the said Schedule of Assessments be and the same is hereby approved and adopted. That there be, and is herby assessed and levied as a special tax against and upon each of the lots, the respective sums indicated. That the City Clerk be and 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 publi- cation of which shall be not more than fifteen days from the date of filing of the final sche- dule. On or before the date of the second pub- lication of the notice, the City Clerk shall also mail a copy of said notice to property owners 457 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 Treasurer, City Hall, 50 W. 13t" Street, Dubuque, Iowa, at any time within 30 days after the date of the first publication of the no- tice of the filing of the Schedule of Assess- ments 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 accep- tance 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 de- linquent from October 1 following its due date on July 1 of each year. Property owners may elect to pay any annual installments semian- nually in advance. Passed, approved and adopted this 17th day of December, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk NOTICE OF FILING OF THE SCHEDULE OF ASSESSMENTS FOR THE 2007 WEED ENFORCEMENT PROGRAM To the property owners of the properties shown on the attached schedule of assess- ments: You are hereby notified that the at- tached Schedule of Assessments has been adopted by the City Council of the City of Du- buque, Iowa, and that said Schedule of As- sessments has been filed with the County Treasurer of Dubuque County, Iowa. You are further notified that assessments may be paid in full or in part without interest at the office of City Treasurer, 50 W. 13t" Street, Dubuque, Iowa, 52001, at any time within 30 days after the date of this notice. After 30 days, unpaid special assessments of $100.00 or more are payable in 10 annual installments and will draw annual interest at nine (9) percent computed to December 1st next following the due dates of the respective installments as provided in Section 384.65 of the Code of Iowa. Each installment will be de- linquent from October 1st following its due date on July 1St of each year. Property owners may elect to pay any annual installment se- miannually in advance. This Notice given by direction of the City Council of the City of Dubuque, Iowa, as pro- vided in the Code of Iowa. Jeanne F. Schneider, CMC, City Clerk 458 Regular Session, December 17, 2007 Book 137 City of Dubuque 2007 Weed/Garbage/Junk Assessments Schedule of Final Assessments The following schedule is hereby determined to show each lot proposed to be assessed for the improvement shown in the title together with the amount proposed to be assessed against each lot by the City Council of the City of Dubuque, Iowa. PROPERTY OWNER, PROPERTY AD- DRESS, LEGAL DESCRIPTION, TOTAL AS- SESSMENT, CATEGORY Ricky Weiland & Margaret Lentz, 17300 Balltown Road, Sherrill IA 52073, 2149 Avalon, Lot 6 Blk 1 Powers Hgts, $85.00, Weed cutting Citifinancial c/o Jennifer, 3500 Dodge Street, Dubuque, IA 52003, 1556 Donovan Dr, Lot 12 Blk 1 Sunset Park Seventh Add., $65.00, Weed cutting Alan & Dawn Dialon, 207 Clarke Drive, Dubuque IA 52001, 207 Clarke Dr, Lot 1-20 & 1-21 LH Langworthy Sub & Lot 1-53 & E 65' of S 1/2 of Lot 52 Marsh's Add, $85.00, Weed cutting Michelle K Duehr, 3980 Cora Drive, Dubu- que, IA 52002, 3980 Cora Drive, Lot 10 Blk 2 Sunset Park Seventh Add, $128.40, Gar- bage/junk collection Thomas Wolf, 2946 Central, Dubuque, IA 52001, 2946 Central, W 1/2 N 1/2 W 170' of Lot 301 Davis Farm Add, $175.00, Weed cut- ting Timothy Schulte, 2240 Hoyt, Dubuque IA 52001, 2240 Hoyt, Lot 1-3 Pfohls Sub, $325.00, Weed cutting Tanya Soldwish-Carver, 4050 Peru Road, Dubuque, IA 52001, 4050 Peru Road, Lot 9 O'Neill's North Dubuque, $85.00, Weed cutting Sullivan Homes LLC Leo J, P O Box 545, Dubuque, IA 52004-0545, 4060 Peru Road, Lot 10 O'Neill's North Dub Add, $85.00, Weed cutting John White, 588 Jefferson, Dubuque, IA 52001, 1001 Garfield, E 93.5' of Lot 5 McCra- ney's 2nd Add, $285.00, Weed cutting Kerkel Rheault Real Estate LLC, 2116 Graham Circle, Dubuque IA 52002, Meinen Ct Lot, Lot 3 Harvest Business Center, $250.00, Weed cutting Larry & Sharon McDermott, 13384 BMR Lane, Dubuque IA 52002, Lot next to 3535 Lunar, Lot 5 Blk 1 Crescent Heights, $85.00, Weed cutting James Jr & Paula Bodish, 15133 Old Highway Rd, Peosta IA 52068, 347 Kaufmann Avenue, Lot 5 Welands Sub, $85.00, Weed cutting Chad Michael Schwartz, 2600 Windsor Avenue, Dubuque IA 52001, 2600 Windsor Avenue, Lot 1 Brechts Sub, $85.00, Weed cutting Rodney Coyle, 2815 Jackson St., Dubu- que, IA 52001, 2815 Jackson Street, E 85' of E 170' of Lot 352 Davis Farm Add, $500.00, Weed cutting & garbage/ debris removal Shannon Dingbaum, 18567 Drexel Street, Omaha NE 68135, 24 Clarke Drive, Lot 1 M A Rebman Sub, $65.00, Weed cutting Wells Fargo Bank NA One Home Campus, Des Moines IA 50328, 708 Ries, Lot 5-4 Geig- ers Sub, $70.00, Weed cutting TOTAL: $2,458.40 Five Flags HVAC and Promenade Roof Replacement Project: City Manager recom- mending award of the contract to Giese Sheet Metal Company, Inc. in the amount of $700,580 for the Five Flags HVAC and Prom- enade Roof Replacement Project. Upon mo- tion the documents were received and filed and Resolution No. 593-07 Awarding public improvement contract to Giese Sheet Metal Company, Inc. for the Five Flags HVAC and Promenade Roof Replacement Project was adopted. RESOLUTION NO. 593-07 AWARDING CONTRACT WHEREAS, sealed proposals have been submitted by contractors for the Five Flags HVAC and Promenade Roof Replacement Project pursuant to Resolution No. 537-07, and notice to bidders published in a newspa- per published in the City of Dubuque, Iowa, on the 9th day of November, 2007. WHEREAS, said sealed proposals were opened and read on the 6th day of December, 2007, and it has been determined that the bid of Giese Sheet Metal Company, Inc. in the amount of $700,580 was the lowest bid for the furnishings of all labor and materials and per- forming the work as provided for in the plans and specifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above improve- ment be awarded to Giese Sheet Metal Com- pany, Inc., and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to re- turn the bid deposits of the unsuccessful bid- ders. Passed, approved and adopted this 17th day of December, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Dubuque Girls' Independent Softball League's Field Lighting Project: City Manager recommending approval of the City being the Book 137 Regular Session, December 17, 2007 purchasing agent for the Dubuque Girls' Inde- pendent Softball League's field lighting project. Upon motion the documents were received, filed, and approved. 2007 Annual Tax Increment Financing Re- port: City Manager transmitting the 2007 An- nual Tax Increment Financing Report. Motion by Michalski to receive and file the documents. Seconded by Braig. Michalski requested that the City Manager summarize successful projects during discussion of Action Item #10. Business Licenses: City Manager recom- mending approval of annual liquor license re- newals as submitted. Upon motion the docu- ments were received and filed and Resolution No. 594-07 Granting the issuance of a Class "B" (Hotel/Motel) Liquor License to Holiday Inn Dubuque Five Flags; a Class "C" Beer/Liquor License to The Moracco, Mario's Italian Res- taurant, Bowling and Beyond, and Cue Master Billiards; and Class "WBN" (Native Wine) Li- cense to Dubuque Humane Society and Hy- Vee Gas #2 was adopted. RESOLUTION NO. 594-07 Whereas, applications for Liquor Licenses have been submitted to this Council for ap- proval 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 Ordin- ances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS "B" (HOTEL/MOTEL LIQUOR LICENSE Kinseth Hotel Corporation, Holiday Inn Du- buque 5-Flags +(Sunday Sale), 450 Main Street CLASS "C" BEER/LIQUOR LICENSE The Moracco, Inc., The Moracco +(Sunday Sale), 1413 Rockdale Road T & M Inc, Mario's Italian Restaurant +(Sunday Sale), 1298 Main Street Bowling & Beyond DBQ Inc, Bowling & Beyond DBQ +(Sunday/Outdoor Sale), 1860 Hawthorne Street Cue Master Billiards, Cue Masters Bil- liards+(Sunday Sale), 900 Central Avenue CLASS 'WBN" (NATIVE WINE) LICENSE Dubuque Humane Society, Dubuque Hu- mane Society, 555 JFK Road Hy Vee, Inc., Hy-Vee Gas # 2, 2435 NW Arterial Passed, approved and adopted this 17th 459 day of December, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk ITEM TO BE SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, set the public hearing as indi- cated, and direct the City Clerk to publish no- tice as prescribed by law. Seconded by Jones. Motion carried 7-0. Eminent Domain Proceedings: City Man- ager recommending that a public hearing be set for January 22, 2008, to consider approval of eminent domain proceedings to acquire property for the Dubuque Regional Airport Terminal Relocation Project. Upon motion the documents were received and filed and Reso- lution No. 596-07 Setting a public hearing on the intent to acquire or condemn, if necessary, property for the Dubuque Regional Airport Terminal Relocation Project was adopted set- ting apublic hearing for a meeting to com- mence at 6:30 p.m. on January 22, 2008, in the Historic Federal Building. RESOLUTION NO. 596-07 SETTING A PUBLIC HEARING ON THE IN- TENT TO ACQUIRE OR CONDEMN IF NE- CESSARY PROPERTY FOR THE DUBUQUE REGIONAL AIRPORT TERMINAL RELOCA- TION PROJECT Whereas, Iowa Code § 6B.2A requires an acquiring agency to provide written notice of a public hearing to each owner of record of agri- cultural land that may be the subject of con- demnation; and Whereas, the City Council finds that it may be necessary to acquire or condemn the fol- lowing-described property for the Dubuque Regional Airport Terminal Relocation Project: Lot 2 of Lot 3 of the W '/2 of the NW '/4 of Section 36, Township 88 North, Range 2 East of the 5t" P. M., Dubuque County, Iowa, ac- cording to the United States Government Sur- vey and the recorded plats thereof, subject to easements of record; Lot 1 of Lot 1 of Lot 5, and Lot A of Lot 2, both of the Subdivision of the W '/2 of the NW '/4 of Section 36, Township 88 North, Range 2 East of the 5t" P. M., Dubuque County, Iowa, according to the United States Government Survey and the recorded plats thereof, subject to easements of record; Lot 2 of Merlin Bradley, Second Addition, in Section 36, Township 88 North, Range 2 East of the 5t" P. M., in Dubuque County, Iowa, ac- cording to the United States Government Sur- vey and the recorded plats thereof; The North 3/ of the N '/2 of the SW 1/4; Lot 1 of Lot 1 of the W'/2 of the NW'/4 and Lot 2 of Merlin Bradley Addition, all in Section 36, 460 Regular Session, December 17, 2007 Book 137 Township 88 North, Range 2 East of the 5t" P. M., in Dubuque County, Iowa, according to the United States Government Survey and the recorded plats thereof, subject to highway, and, Lot 2 of the SE '/4 of the NW '/4; and the SW '/4 of the NW '/4, except '/2 acre in the SW Corner thereof deeded to Independent School District of Table Mound Township; Lot 2 of Lot 2 of the NW '/4 of the NW '/4; Lot 3 of Lot 1 of Lot 2 of Lot 1 of the NE '/4 of the NW '/4; all in Section 35, Township 88 North, Range 2 East of the 5t" P. M., in Dubuque County, Iowa, ac- cording to the United States Government Sur- vey and the recorded plats thereof, less right of way conveyed to the State of Iowa and/or the State Highway Commission for road pur- poses, and that part sold to the City of Dubu- que, Iowa, for airport purposes; and together with and subject to all rights and easements of record, from November 13, 1996, title to which rests in Ronald Bradley, Jeffrey Bradley and Brian Bradley, each owning an undivided 1/3 interest, and doing business as Bradley Farms, (the Property); and Whereas, the owners of the Property are Ronald Bradley, Jeffrey Bradley, and Brian Bradley (Owners); and Whereas, a public hearing should be set on the intent to acquire or condemn, if neces- sary, the Property; and Whereas, notice of the public hearing should be published and mailed as required by law to the Owners of the Property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: The City Clerk is hereby authorized and di- rected to cause a notice in the form attached hereto to be mailed to the Owners and published as prescribed by Iowa Code § 6B.2A of a public hearing on the City's intent to acquire or con- demn, if necessary, the Property, to be held on the 22nd day of January, 2008, at 6:30 o'clock p. m. at the City Council Chambers 350 W. 5t" St., Dubuque, Iowa. Passed, approved and adopted this 17t" day of December, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions. Housing Code Appeals Board (One ex- pired three-year term through January 11, 2009) Applicant Ryan Killburg spoke in support of his appointment. Human Rights Commission (Three 3-year terms expiring January 1, 2008 -Terms of Rubinstien, Foster and Ross). Applicants: Co- lin Scott, Dan Chatfield, Marcos Rubinstien Transit Board of Trustees (One vacant 3- year term through July 30, 2009 -Term of Kies). Applicants: Don Stedman, Harry Bemis PUBLIC HEARINGS Upon motion the rules were suspended al- lowing anyone to address the City Council. John F. Kennedy Sidewalk Installation Project: Proof of publication on notice of public hearing to consider approval of the plans and specifications, form of contract, estimated cost and preliminary schedule of assessments for the John F. Kennedy Sidewalk Installation Project and City Manager recommending ap- proval. Petition from residents on John F. Kennedy Road from Asbury Road to Iowa Hwy 32 (Northwest Arterial) in opposition to the pro- posed sidewalk installation project. Communication from Robert F. Lynn, 2381 Gordon Drive, in opposition to the proposed installation of sidewalks on John F. Kennedy Road. City Manager advising that the neighbor- hood meeting regarding the JFK Sidewalk Installation Project, scheduled for Tuesday, December 11t", was cancelled due to weather; however, there have been phone conversa- tions with Gordon Drive residents. Motion by Connors to receive and file the documents and adopt the Resolutions approv- ing plans, specifications, form of contract, and estimated cost for the John F. Kennedy Side- walk Installation Project, Asbury Road to Hwy 32 (Northwest Arterial); Resolution of Necessi- ty for the John F. Kennedy Sidewalk Installa- tion Project, from Asbury Road to Iowa Hwy 32 (Northwest Arterial); and Resolution approving preliminary schedule of assessments for the John F. Kennedy Sidewalk Installation Project, Asbury Road to Iowa Hwy 32 (Northwest Ar- terial). Seconded by Jones. Jolene Retten- berger, 2291 Gordon Drive, spoke in opposi- tion to the proposed project. She recapped the Council meeting of July 6, 1999, where 100 percent of the residents opposed the project at that time. She said that then Council Member Buol agreed that the sidewalk was not neces- sary; Council Member Joe Robbins had said that petitions were circulated and people signed them without knowing what it was about; and Council Member Ann Michalski had said she believed sidewalks would be unsafe to walk on. Dee Maggio, 2343 Gordon Drive; Rita Ku- eter, 2299 Gordon Drive; Carol Meyer, 2644 John F. Kennedy Road; Julie Janzen, 2549 Rosewood; Arnie Honkamp, 2345 John F. Kennedy Road; Mike Rettenberger, 2291 Gor- Book 137 Regular Session, December 17, 2007 don Drive, Kathy Spear, 2531 John F. Kenne- dy Road, Marion Pliner, 2690, Marywood; Sherry Clancy, 2691 Marywood; Leann Lynn, 2381 Gordon Drive; Victoria Nauman, 2571 John F. Kennedy Road; Eugene Heeren, 2639 John F. Kennedy Road, and Tom Sarvis, 2975 John F. Kennedy Road, spoke in opposition to the project stating the high cost of installation, the difficulty to maintain -especially during the winter months, and the fact that it is unsafe to walk along John F. Kennedy Road. Bob Parks, 2939 Brandywine, spoke in support of the installation of sidewalks; how- ever, he said that a sidewalk was not as ne- cessary along Gordon Drive as it was north of Kaufmann Avenue, especially north of Spring Valley Road to the Northwest Arterial. Lynch said that of those that spoke, he did not hear anything with respect to a need for sidewalks, but that the project was creating a hardship both financial and physical. Cline questioned why build in that area. She said she would not vote for the project and explained the process for the record. Michalski stated that she opposed the project in 1999 to place sidewalks along Gor- don Drive. She was concerned with the area around Kaufmann Avenue and John F. Ken- nedy Road, especially north of Spring Valley Road. She requested that the City review the maintenance of sidewalks along arterials. Jones spoke about the public and private costs noting that the City does incur costs. He reiterated that this was not a "done deal," and that there is a statutory process for such a project. He admitted that he was the one re- sponsible for bringing it to the table, but he is not supportive of it now. Braig said she would never vote fora si- dewalk along Gordon Drive and making resi- dents responsible for what is essentially a pub- lic sidewalk. She believes there is a need for more bus stops and that the City should look at more use of paths and trails. Connors thanked her colleagues for ex- pressing the same concerns she had. Buol stated that if sidewalks were needed in the area, there would have been more people present in support of the project. Mo- tion failed 0-7. Medical Associates Clinic /Robert Hartig - Planned Unit Development District (PUD) Amendment: Communication from Bob Hartig, Medical Associates, requesting that this item be tabled to February 4, 2008. Proof of publication on notice of public hearing to consider a request from Medical Associates Clinic /Robert Hartig to amend the existing Associates Park Planned Unit Devel- opment (PUD) District to designate a portion of the existing greenway buffer for business use and Zoning Advisory Commission recommend- 461 ing denial. Communication from Kathleen R. Kelley, 3836 Cora Drive, in opposition to the proposed amendment to the Associates Park Planned Unit Development District. Motion by Michalski to table until February 4, 2008. Seconded by Braig. Motion carried 7-0. Voluntary Annexation Request: Proof of publication on notice of public hearing to con- sider approval of the voluntary annexation request of Kress Industrial Facility and City Manager recommending approval. Motion by Cline to receive and file the documents, recess the public hearing, and table the request until after the rezoning is decided. Seconded by Braig. Braig stated that this was doing things backwards. Connors stated she was more in favor of waiting for the rezoning. Anna O'Shea, County Zoning Administrator, stated the Coun- ty had concerns about the rezoning and an- nexation; however, she would wait to express those concerns at the public hearing on the rezoning issue. Motion carried 7-0. Traut Terrace Vacate Petition: Proof of publication on notice of public hearing to con- sider arequest from Greg Laufenberg for va- cating and sale of a portion of Traut Terrace south of Diagonal Street and City Manager recommending approval. Communication from Greg and Linda Lau- fenberg regarding the purchase of a portion of City-owned right-of-way and requesting reim- bursement for additional expenses. Motion by Cline to receive and file the doc- uments and adopt the resolutions. Seconded by Braig. Greg Laufenberg spoke in support of his request to purchase eleven feet of City- owned property and gave the history of the project. He stated he did not know he was in the City right-of-way when he started construc- tion of the garage. He further stated that he had zoning approval and approval from the Building Services Department. Michalski stated that it was Mr. Laufenberg's responsibil- ity to know his property lines. Connors said that not all citizens know what needs to be done. City Engineer Gus Psihoyos stated that giving the eleven feet would not allow the City the ability to do any improvements in the future and that he thought the applicant was agreea- ble to the seven foot compromise. Cline asked about the adjacent property owner. Michalski stated that the compromise was reasonable and she couldn't vote for a change at this point. Braig said she felt the applicant had tried to do what he thought was required and was not trying to pull something over the City. She stated a lot of citizens do not know what to ask. She felt the fair thing to do was give the applicant the eleven feet. Cline agreed that the applicant was acting in good faith. 462 Regular Session, December 17, 2007 Book 137 Lindahl suggested tabling the issue and having the property replatted. Cline amended the motion to table to specify re-platting with the eleven feet. Seconded by Braig. Motion carried 6-1 with Jones voting Nay. Greater Downtown Urban Renewal District: Proof of publication on notice of public hearing to consider an amendment to the Greater Downtown Urban Renewal District to expand the district to include the Warehouse District and portions of property along South Main Street and City Manager recommending ap- proval. Communication from the Long Range Planning Advisory Commission recommending approval of the Amended and Restated Urban Renewal Plan for the Greater Downtown Ur- ban Renewal District. Motion by Michalski to receive and file the documents and adopt Resolution No. 597-07 Approving the Amended and Restated Urban Renewal Plan for the Greater Downtown Ur- ban Renewal District. Seconded by Connors. Dubuque Main Street Director Dan LoBianco, 3505 Westway, stated that this is an important tool for Dubuque Main Street. Tony Pfohl, 980 Indian Ridge, thanked the Council on behalf of the property owners on South Main Street. Motion carried 7-0. RESOLUTION NO. 597-07 APPROVING THE AMENDED AND RES- TATED URBAN RENEWAL PLAN FOR THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT. Whereas, on November 5, 2007 the City Council of the City of Dubuque, Iowa autho- rized the preparation of an Amended and Res- tated Urban Renewal Plan (the "Plan") for the Downtown Dubuque Urban Renewal District (the "District"); and Whereas, the City of Dubuque's primary objective in amending this Plan is to provide opportunities for further redevelopment and reinvestment in the downtown; and Whereas, the Long Range Planning Com- mission has reviewed the proposed Plan and has found that said document is consistent with the Comprehensive Plan for the develop- ment of the City of Dubuque as a whole and has transmitted its findings to the City Council; and Whereas, a consultation process has been undertaken with affected taxing entities in ac- cordance with Chapter 403 of the Code of Iowa with no written objections or recom- mended changes to the Plan received; and Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has held a public hearing on the proposed amended and restated Plan after public notice thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Amended and Restated Urban Renewal Plan for the Greater Down- town Urban Renewal District, attached hereto and made reference to herein, be approved. Section 2. That the City Clerk of the City of Dubuque, Iowa is hereby authorized and di- rected to file a certified copy of the Resolution in the office of the Dubuque County Recorder. Passed, approved and adopted this 17t" day of December, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Bee Branch Floodwall Pumping Station Auxiliary Power Project: Proof of publication on notice of public hearing to consider approval of the plans and specifications, form of contract and estimated cost for the Bee Branch Flood- wall Pumping Station Auxiliary Power Project and City Manager recommending approval. Motion by Connors to receive and file the doc- uments and adopt Resolution No. 598-07 Ap- proving plans, specifications, form of contract, and estimated cost for the Bee Branch Flood- wall Pumping Station Auxiliary Power Project. Seconded by Michalski. Motion carried 7-0. RESOLUTION NO. 598-07 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE BEE BRANCH FLOOD- WALL PUMPING STATION AUXILIARY POWER 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 Bee Branch Floodwall Pumping Station Auxiliary Power Project, in the estimated amount $355,875.00, are hereby approved. Passed, adopted and approved this 17th day of December, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Upon motion the rules were reinstated li- miting discussion to the City Council. ACTION ITEMS Dog Park: Communication from Roger Ru- den, 1020 Aspen Court, requesting to address the City Council regarding the dog park lo- cated on North Grandview Avenue. City Manager providing an update on at- tempts to locate another dog park in the City of Dubuque. Motion by Cline to receive and file the documents. Seconded by Connors. Roger Ruden, 1020 Aspen Court, cited the actions of Book 137 Regular Session, December 17, 2007 City Council to protect neighbors in two sepa- rate rezoning cases -the request of Hartig Pharmacy to put a pharmacy in the vacated Grandview Methodist Church and the request of Easy Street Bar to allow an expansion of their outdoor service on Rhomberg Avenue. He believed the City should have done more research on the placement of a dog park and requested that the dog park be moved. Cline stated that this is a tough subject and staff is working on alternative areas. Lynch suggested that until an alternative site is found, the City should put a muzzle rule into effect. Michalski said she has never heard excessive barking when she has gone by the area. Connors said she could hear barking on the CD provided by Mr. Ruden but could not see any dogs in the park. She questioned if Mr. Ruden was hear- ing the right dogs. Leisure Services Manager Gil Spence said that three alternate sites have been identified. One has been dropped as an option and he is waiting for EPA approval on the 12t" Street site. Van Milligen informed the Council that the City's Capital Improvement Project budget is being cut and it is up to the Council to prioritize this issue. Buol stated that the dog owners bear some responsibility. Jones stated that a solution needs to be found. Motion carried 7-0. Tobacco Compliance -Civil Penalty for Tobacco Permit Holders: City Manager re- commending acceptance and approval of Ac- knowledgement/Settlement Agreements for a first violation for Casey's General Store, 4003 Peru Road; Kwik Stop, 2390 Central Avenue; and Key West Conoco, 2150 Twin Valley Drive; and to acknowledge the exercise of the affirmative defense for Hartig Drug Company concerning their third violation occurring Sep- tember 20, 2007 and it is further recommend- ed that a hearing be set for AWN Stop Mart, 1401 Central Avenue, regarding their tobacco violation. Motion by Michalski to receive and file the documents, approve the recommenda- tion of the City Manager and set a hearing regarding AWN Stop Mart for January 22, 2008, in the Historic Federal Building. Seconded by Connors. Motion carried 7-0. Streets in Southgate Planned Unit Devel- opment: City Manager recommending that the City not accept either Gateway Drive or Stonehill Drive as public streets as requested by Dan Mueller, developer of Southgate Sub- division. Motion by Connors to receive and file the documents and approve the City Manag- er's recommendation. Seconded by Michalski. Dan Mueller, 10753 Woodland Heights Road, reviewed the history of the 18-year de- velopment stating that when he began the project he complied with everything the City directed him to do. Mueller requested that 463 Council make no decision at this meeting to allow him time to go back and work with the Engineering Department because he wants to be able to finish the subdivision. Van Milligen said that this is the second time this issue has come before Council. He gave the example of streets located within the Asbury Plaza and Sam's Club developments, which are private streets. He stated it is a matter of liability. Mo- tion failed 1-6. Ayes: Buol. Nays: Cline, Con- nors, Jones, Lynch, Michalski, and Braig. Motion by Michalski to receive and file the documents and refer to the City Manager. Seconded by Braig. Motion carried 7-0. Washington Neighborhood Comprehensive Plan: City Manager recommending approval of funds to begin a comprehensive planning process for the Washington Neighborhood. Motion by Michalski to receive and file the documents and approve. Seconded by Jones. Motion carried 6-0 with Jones temporarily out of the room. Lead Hazard Reduction Grant: City Man- ager recommending approval of a contract with the U.S. Department of Housing and Ur- ban Development (HUD) for administration of the Lead Hazard Reduction Grant in the amount of $2,982,769. Motion by Cline to re- ceive and file the documents and approve. Seconded by Connors. Motion carried 7-0. Metropolitan Coalition Agreement: City Manager recommending that the City partici- pate in the Iowa Metropolitan Coalition and approval of the Fiscal Year 2008 contribution of $8,233.93. Motion by Cline to receive and file the documents and adopt Resolution No. 599-07 Approving the Metropolitan Coalition Agreement. Seconded by Jones. Michalski stated this was a wonderful idea but stressed the need for continued support of the Iowa League of Cities. Motion carried 7-0. RESOLUTION NO. 599-07 APPROVING THE METROPOLITAN COALI- TION AGREEMENT WHEREAS, the City of Des Moines, Iowa, the City of West Des Moines, Iowa, the City of Dubuque, Iowa, the City of Cedar Rapids, Iowa, the City of Iowa City, Iowa, the City of Sioux City, Iowa, the City of Ames, Iowa, the City of Council Bluffs, Iowa, and the City of Davenport, Iowa, (hereinafter referred to col- lectively as the "Members") consider it desira- ble to unite the larger cities of Iowa with similar concerns in an organization to be known as The Metropolitan Coalition ("the Coalition") intended to enhance communication and to advance common interests in legislative mat- ters; and WHEREAS, it is the intention of the Coali- 464 Regular Session, December 17, 2007 Book 137 tion to work collaboratively with the Iowa League of Cities in promoting the enactment of legislation beneficial to cities and opposing legislation harmful to cities as set forth in the Metropolitan Coalition Agreement; and WHEREAS, the City Attorney has reviewed and approved the Metropolitan Coalition Agreement: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. The attached Metropolitan Coa- lition Agreement is hereby approved and the Mayor and City Clerk are hereby authorized to execute the Metropolitan Coalition Agreement for and on behalf of the City of Dubuque, Iowa. Passed, approved and adopted this 17t" day of December, . Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk City Initiatives in Response to Downtown Neighborhood Issues: City Manager recom- mending approval of a proposed response to issues in the downtown neighborhoods, con- centrating on the Washington Street Neigh- borhood, including the addition of four sworn Police positions (three Police Officers and one Police Corporal acting as a Section 8 Investi- gator) in the current fiscal year and one addi- tional Rental Housing Inspector position. Mo- tion by Michalski to receive and file and ap- prove. Seconded by Cline. The following staff members spoke: City Manager Michael Van Milligen, Housing and Community Develop- ment Director David Harris, Police Chief Kim Wadding, Assistant City Attorney Crenna Brumwell, City Engineer Gus Psihoyos, and Public Works Director Don Vogt. Buol com- mended Van Milligen and staff. Cline ques- tioned if anything was being done in the Locust and Bluff Streets area. Van Milligen said the Initiatives are actually city-wide with focus on the Washington neighborhood. Cline sug- gested that the Police Department recommend where additional lighting should be. Jones said he was glad for having a police officer as a housing inspector. Michalski stated that the initiatives must involve all citizens. Motion car- ried 7-0. Delta Queen: Exemption from Safety of Life at Sea Regulations: City Manager recom- mending approval of a resolution in support of continuing to exempt the historic Delta Queen steamboat from the Federal Safety of Life at Sea regulations as requested by David Tschiggfrie. Motion by Jones to receive and file the documents and adopt Resolution No. 600-07 Resolution of the City Council of Du- buque, Iowa, urging Congress to provide for the permanent exemption of the steamer Delta Queen from the provisions of the Safety of Life at Sea Act of 1966. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 600-07 RESOLUTION OF THE CITY COUNCIL OF DUBUQUE, IOWA URGING CONGRESS TO PROVIDE FOR THE PERMANENT EXEMP- TION OF THE STEAMER DELTA QUEEN FROM THE PROVISIONS OF THE SAFETY OF LIFE AT SEA ACT OF 1966 Whereas, the Delta Queen is a living con- nection to the culture and history of the Missis- sippi River and all of its tributaries; and Whereas, this steamboat is a national trea- sure listed in the National Register of Historic Places and designated a National Historic Landmark; and Whereas, the vessel is an original and the last of her kind, the culmination of the art of steamboat craftsmen, an authentic sternwheel overnight passenger steamboat like those that helped foster the growth and settlement of our nation; and Whereas, the Delta Queen has operated safely for eighty years (the last thirty seven of those under extensions previously granted by Congress) and has been updated with fire detention and suppression equipment in addi- tion to her extensive sprinkler system in all public and passenger spaces, has had all her wooden surfaces coated throughout with NASA-developed fire-resistant paint, is pa- trolled every twenty minutes at night be fire watchmen, has a crew trained and drilled regu- larly in emergency evacuation procedures, and is regularly inspected each year by the United States Coast Guard; and Whereas, the Safety at Sea Act was writ- ten to apply to ocean-going vessels whose routes are remote from land and from other vessels, while the Delta Queen can be safely landed within minutes over the entire route she traverses; and Whereas, the steamboat contributes to the economy of the river communities where she is based and where she makes shore stops through the goods and services purchased by her passengers and crew, by the company which owns the vessel, and by the third party businesses which provide the boat and her passengers with amenities and services; and Whereas, our nation would suffer an irre- parable loss if her operation were suspended, thereby depriving the traveling public the op- portunity to enjoy this uniquely American river steamboat experience in current and future generations; and Whereas, the very existence of the Delta Queen is now threatened with the expiration of her exemption from the Safety at Sea Act in November 2008; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF Book 137 Regular Session, December 17, 2007 DUBUQUE, IOWA encourage the Congress of the United States to act with all due haste and foresight to provide for the permanent exemp- tion of this magnificent and historic vessel from the provisions of the Safety at Sea Act. The City Clerk shall arrange for copies of this reso- lution to be provided to all members of the Iowa Congressional Delegation. Passed, approved and adopted this 17t" day of December 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Every Child/Every Promise Initiative: Communication from Lori Thielen and Eric Dregne, Co-Chairs Mississippi Valley Promise requesting support for the Every Child/Every Promise Initiative: City Manager recommend- ing approval of funding to support the Every Child/Every Promise Initiative / Mississippi Valley Promise organizational efforts. Motion by Lynch to receive and file the documents and approve. Seconded by Jones. Motion car- ried 7-0. Tax Increment Financing (TIF) Ordinance for Downtown Urban Renewal District: City Manager recommending adoption of an ordin- ance amending the Tax Increment Financing District for the Greater Downtown Urban Re- newal District. Motion by Michalski to receive and file the documents and that the require- ment that a proposed ordinance be considered and voted on for passage at two Council meet- ings prior to the meeting at which it is to be passed be suspended. Seconded by Jones. Motion carried 7-0. Motion by Michalski for final consideration and passage of Ordinance No. 63-07 Amend- ing Ordinance Nos. 20-07, 35-04, 30-82, 66- 89, as previously amended, providing that general property taxes levied and collected each year on all property located within the Greater Downtown Urban Renewal District of the City of Dubuque, County of Dubuque, State of Iowa, by and for the benefit of the State of Iowa, City of Dubuque, County of Du- buque, Dubuque Community School District, and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, in- curred by said City in connection with the Ur- ban Renewal Plan for the Greater Downtown Urban Renewal District. Seconded by Jones. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 63-07 AMENDING ORDINANCE NOS. 20-07, 35-04, 30-82 AND 66-89, AS PREVIOUSLY AMENDED, PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COL- 465 LECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE GREATER DOWN- TOWN URBAN RENEWAL DISTRICT OF THE CITY OF DUBUQUE, COUNTY OF DU- BUQUE, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF DUBUQUE, COUNTY OF DUBU- QUE, DUBUQUE COMMUNITY SCHOOL DISTRICT, AND OTHER TAXING DIS- TRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND IN- TEREST ON LOANS, MONIES ADVANCED TO AND INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, IN- CURRED BY SAID CITY IN CONNECTION WITH THE URBAN RENEWAL PLAN FOR THE GREATER DOWNTOWN URBAN RE- NEWAL DISTRICT WHEREAS, the City Council of the City of Dubuque, Iowa (the "City") has heretofore, in Ordinance No. 30-82, provided for the division of taxes within the original Downtown Dubuque Urban Renewal Project, Iowa R-15, described in Resolution No. 123-67 adopted on May 18, 1967, pursuant to Section 403.19 of the Code of Iowa; and WHEREAS, the original Downtown Dubu- que Urban Renewal Project, Iowa R-15, sub- sequently was amended by Resolution No. 79- 71 approved on March 15, 1971, by Resolution No. 73-74 approved on March 11, 1974, by Resolution No. 107-82 approved on May 3, 1982, by Resolution No. 191-84 approved on June 25, 1984, by Resolution No. 371-93 ap- proved on December 6, 1993, by Resolution No. 145-94 approved on May 2, 1994, by Res- olution No. 479-97 approved on November 17, 1997, by Resolution No. 476-98 approved on October 19, 1998 and by Resolution No. 187- 02 approved on April 1, 2002, which amend- ments, among other things, added areas re- ferred to as the Old Main Subarea, Town Clock Expansion Subarea and Upper Main Subarea to the area of the Downtown Dubu- que Urban Renewal District; and WHEREAS, consistent with the foregoing amendments, Ordinance No. 30-82 subse- quently was amended by Ordinance Nos. 23- 94, 36-94, 67-97, and 26-02 to provide for the division of taxes within the several subareas of the amended Downtown Dubuque Urban Re- newal District; and WHEREAS, the City Council of the City has heretofore, in Ordinance No. 66-89, pro- vided for the division of taxes within the origi- nal Ice Harbor Urban Renewal District, de- scribed in Resolution No. 403-89 adopted on December 18, 1989, pursuant to Section 403.19 of the Code of Iowa; and WHEREAS, the original Ice Harbor Urban Renewal District subsequently was amended by Resolution No. 241-00 approved on June 5, 2000 and by Resolution 114-02 approved on 466 Regular Session, December 17, 2007 Book 137 March 4, 2002, which amendments, among other things, added an additional area referred to as Subarea B to the area of the Ice Harbor Urban Renewal District; and WHEREAS, consistent with the foregoing amendment, Ordinance No. 66-89 subse- quently was amended by Ordinance No. 97-00 to provide for the division of taxes within the two subareas of the amended Ice Harbor Ur- ban Renewal District; and WHEREAS, the original Downtown Dubu- que Urban Renewal District and the original Ice Harbor Urban Renewal District and their respective Subareas have been combined into a single urban renewal area, under the terms of an Urban Renewal Plan for the Greater Downtown Urban Renewal District, pursuant to Resolution No. 170-04 adopted on April 19, 2004; and WHEREAS, consistent with foregoing amendment, Ordinance Nos. 30-82 and 66-89 were amended by Ordinance No. 35-04 to provide for the division of taxes within the vari- ous sub-areas of the Greater Downtown Urban Renewal District; and WHEREAS, the Urban Renewal Plan for the Greater Downtown Urban Renewal District was amended and restated as an Amended and Restated Urban Renewal Plan, pursuant to Resolution No. 108-07 approved on Febru- ary 20th, 2007, to provide for the further ex- pansion of the Greater Downtown Urban Re- newal District; and WHEREAS, the Urban Renewal Plan for the Greater Downtown Urban Renewal District was further amended and restated as an Amended and Restated Urban Renewal Plan, pursuant to Resolution No. 597-07 approved on December 17, 2007, for the purpose of expanding the Greater Downtown Urban Re- newal District to include additional areas de- scribed as the Warehouse Subarea and the South Main Subarea, and WHEREAS, indebtedness has been in- curred by the City, and additional indebted- ness is anticipated to be incurred in the future, to finance urban renewal project activities with- in the combined area known as the Greater Downtown Urban Renewal District (the "Greater Downtown Urban Renewal District"), and the continuing needs of redevelopment within the Greater Downtown Urban Renewal District are such as to require the continued application of the incremental tax resources of the Greater Downtown Urban Renewal District; and WHEREAS, the following enactment is ne- cessary to accomplish the objectives de- scribed in the premises. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, THAT: Ordinance No. 20-07 (Ordinance No. 35- 04, amending Ordinance No. 30-82, as amended by Ordinance Nos. 23-94, 36-94, 67- 97, and 26-02, and Ordinance No. 66-89, as amended by Ordinance No. 97-00) is hereby amended to read as follows: Section 1: For purposes of this Ordinance, the following terms shall have the following meanings: (a) Oriainal Town Clock Subarea shall mean that portion of the Amended Project Area initially described in the Urban Renewal Plan for the Downtown Dubuque Urban Re- newal Project, Iowa R-15, approved by Reso- lution No. 123-67 on May 18, 1967, as amended by the Amended and Restated Ur- ban Renewal Plan for the Greater Downtown Urban Renewal District approved by Resolu- tion No. 108-07 on February 20th, 2007, which Original Town Clock Subarea includes the lots and parcels located within the area now legally described as follows: Beginning at the inter- section of the north right-of-way line of Ninth Street with the east right-of-way line of Central Avenue; thence south along the east right-of- way line of Central Avenue to its intersection with the south right-of-way line of Fourth Street; thence west along the south right-of- way line of Fourth Street to its intersection with the west right-of-way line of Locust Street; thence north along the west right-of-way line of Locust Street to its intersection with the north right-of-way line of Ninth Street, but also in- cluding the adjacent City Lots 623 and 624 (Dubuque Museum of Art), the Locust Street Parking Ramp between 8th and 9th Streets and the former U.S. Federal Building located on City Lots 101, 102, 139, 140, and the N 54.5' of City Lots 103 & 138, and the vacated alley between said lots; thence east along the north right-of-way line of Ninth Street to its intersection with the east right-of-way line of Central Avenue, but also including the adja- cent Iowa Inn property and the public parking lot known as Parking Lot Number 1 located between 9th and 10th Streets east of Iowa Street, to the point of beginning. (b) Old Main Subarea shall mean that por- tion of the Amended Project Area initially de- scribed in the Amended and Restated Urban Renewal Plan for the Downtown Dubuque Urban Renewal District approved by Resolu- tion No. 145-94 on May 2, 1994, which Old Main Subarea includes the lots and parcels located within the area legally described as follows: Beginning at the intersection of the south right-of-way line of Fourth Street with the east right-of-way line of Central Avenue; thence west along the south right-of-way line of Fourth Street to the west right-of-way line of Locust Street; thence south along the west right-of-way line of Locust Street to the north right-of-way line of the Locust Street Connec- tor; thence east along the north right-of-way Book 137 Regular Session, December 17, 2007 line of the Locust Street Connector to the west right-of-way line of Highways 151/61; thence north along the west right-of-line of Highways 151/61 to the point of beginning. (c) Town Clock Expansion Subarea shall mean that portion of the Amended Project Area initially described in the Amended and Restated Urban Renewal Plan for the Down- town Dubuque Urban Renewal District ap- proved by Resolution No. 479-97 on Novem- ber 17, 1997, which Town Clock Expansion Subarea includes the lots and parcels located within the area legally described as follows: South 1/2 of City Lot 167, City Lot 168 and City Lot 168A; Lots 1 & 2 of City Lots 204, 205, 206, 207 and 208, N. 23' of City Lot 263, S. 28.5' of City Lot 263, N. 1/2 of City Lot 262, S. 1/2 of City Lot 262, N. 1/2 of City Lot 261, all in Section 24, Township 89 North, Range 2 East, 5th P. M., Dubuque County, Iowa and any ad- joining public right-of-way. (d) Upper Main Subarea shall mean that portion of the Amended Project Area initially described in the Amended and Restated Ur- ban Renewal Plan for the Downtown Dubuque Urban Renewal District approved by Resolu- tion No. 187-02 on April 1, 2002, as amended by the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renew- al District approved by Resolution No. 108-07 on February 20th, 2007, which Upper Main Subarea includes the lots and parcels located within the area legally described as follows: On the North by Fourteenth Street, on the West by Locust Street but also including adjacent City Lots 660, 659, 658A and 658 except the south 1' of City Lot 658 (Carnegie-Stout Public Li- brary), on the South by the Town Clock Ex- pansion Subarea and on the East by Central Avenue, including all public rights-of-way. (e) Ice Harbor Subarea A shall mean that portion of the Amended Project Area initially described in the Urban Renewal Plan for the Ice Harbor Urban Renewal District approved by Resolution No. 403-89 on December 18, 1989, which Ice Harbor Subarea A includes the lots and parcels located within the area legally described as follows: that area general- ly bounded on the north by the public alley located between the vacated Fourth Street and Third Street, on the west by the Chicago, Cen- tral and Pacific Railroad right-of-way, on the south by East First Street and on the east by the municipal limits of the City of Dubuque, Iowa and including any adjoining public right- of-way. (f) Ice Harbor Subarea B shall mean that portion of the Amended Project Area initially described in the Amended and Restated Ur- ban Renewal Plan for the Ice Harbor Urban Renewal District approved by Resolution No. 241-00 on June 5, 2000, which Ice Harbor Subarea B includes the lots and parcels lo- 467 Gated within the area legally described as fol- lows: that area generally bounded on the north and west by the Chicago, Central and Pacific Railroad right-of-way, on the south by the nor- therly boundary of the Ice Harbor Subarea A and on the east by the municipal limits of the City of Dubuque, Iowa (excluding Lot 1 Adams Co.'s 2nd Addition) and including any adjoining public right-of-way. (g) Ice Harbor Subarea C shall mean a portion of the Amended Project Area added by the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renew- al District approved by Resolution No. 108-07 on February 20th, 2007, consisting of Lot 1 Adams Co.'s 2nd Addition and any adjoining public right-of-way. (h) Warehouse Subarea shall mean a por- tion of the Amended Project Area added by the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District approved by Resolution No. 597-07 on December 17, 2007, which Warehouse Sub- area includes the lots and parcels located with- in the area legally described as follows: Com- mencing as a point of reference at the inter- section of the centerlines of 11th Street and Central Avenue in the City of Dubuque, Dubu- que County, Iowa, said point being the point of beginning; thence northeasterly along the cen- terline of 11th Street to a point of intersection with the centerline of White Street; thence northwesterly along the centerline of White Street to a point of intersection with the center- line of 12th Street; thence northeasterly along the centerline of 12th Street and extension thereof to a point of intersection with the cen- terline of US Highways 151 and 61; thence southwesterly along the centerline of US Highways 151 and 61 to a point of intersection with the centerline of 4th Street extended; thence southwesterly along the centerline of 4th Street and extension thereof to a point of intersection with the centerline of Central Ave- nue; thence northwesterly along the centerline of Central Avenue to a point of intersection with the centerline of 9th Street; thence south- westerly along the centerline of 9th Street to a point of intersection with the westerly line of City Lot 259 extended southerly; thence northwesterly along the westerly line of City Lot 259, and Lots 1 and 2 of the Subdivision of the South'/2 of City Lot 261 and City Lot 260 to the southwest corner of the N '/2 of City Lot 261; thence northeasterly along the southerly line of the N '/2 of City Lot 261 and extension thereof to a point of intersection with the cen- terline of Central Avenue; thence northwesterly along the centerline of Central Avenue to a point of intersection of 11th Street also being point of beginning; and including any adjoining public right-of-way. (i) South Main Subarea shall mean a por- 468 Regular Session, December 17, 2007 Book 137 tion of the Amended Project Area added by the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District approved by Resolution No. 597-07 on December 17, 2007, which South Main Sub- area includes the lots and parcels located with- in the area legally described as follows: Com- mencing as a point of reference at a point of intersection of the centerline of Locust Street with the Locust Street Connector in the City of Dubuque, Dubuque County, Iowa, said point being the point of beginning; thence northeas- terly along the centerline of the Locust Street Connector to a point of intersection with the centerline of US Highways 52, 61, and 151; thence southeasterly along the centerline of US Highways 52, 61, and 151 to a point of intersection with the centerline of the eastern section of Jones Street extended southwester- ly; thence southwesterly along said extension of the centerline of the eastern section of Jones Street to a point of intersection with the centerline of Main Street; thence northwesterly along the centerline of Main Street to a point of intersection with the centerline of Jones Street; thence northwesterly along the centerline of Jones Street to a point of intersection with the easterly line of Lot 2D of vacated Shields Street extended northerly; thence southeaster- ly along the easterly line of Lot 2D of vacated Shields Street to the southeasterly corner of said Lot 2D; thence southwesterly along the southerly lines of Lot A and Lot 2D of vacated Shields Street and Lot 1 of 2 of City Lot 543 extended westerly to a point of intersection with the centerline of Locust Street; thence northeasterly along the centerline of Locust Street to a point of intersection with the center- line of the Second Street Connector, also be- ing the point of beginning; and including any adjoining public right-of-way. (j) Amended Proiect Area shall mean the areas of the City of Dubuque, Iowa included within the Original Town Clock Subarea, the Old Main Subarea, the Town Clock Expansion Subarea, the Ice Harbor Subarea A, the Ice Harbor Subarea B, the Ice Harbor Subarea C, the Warehouse Subarea and the South Main Subarea, each as described in this Section. (k) Urban Renewal Plan shall mean the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District, approved by Resolution No. 597-07 on December 17, 2007, as the same may be amended from time to time. Section 2: The taxes levied on the taxable property in the Amended Project Area, legally described in Section 1 hereof, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and all other taxing districts from and after the effective date of this Ordin- ance shall be divided as hereinafter in this Ordinance provided. Section 3: As to the Original Town Clock Subarea, that portion of the taxes which would be produced by the rate at which the tax is levied each year by or for each of the taxing districts taxing property in the Original Town Clock Subarea upon the total sum of the as- sessed value of the taxable property in the Original Town Clock Subarea as shown on the assessment roll as of January 1, 1966, being the assessment roll last equalized prior to the date of the initial adoption of the Urban Re- newal Plan for the Downtown Dubuque Urban Renewal Project, Iowa R-15, shall be allocated to and when collected be paid into the fund for the respective taxing district as taxes by or for said taxing district into which all other property taxes are paid. The taxes so determined shall be referred herein as the "base period taxes" for such subarea. As to the Old Main Subarea, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 1993, being the assessment roll as of January 1 of the ca- lendar year preceding the effective date of Ordinance No. 23-94. As to the Town Clock Expansion Subarea, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 1996, being the assessment roll as of January 1 of the calendar year preceding the effective date of Ordinance No. 67-97. As to the Upper Main Subarea, base pe- riod taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2001, being the assessment roll as of January 1 of the calendar year preceding the effective date of Ordinance No. 26-02. As to the Ice Harbor Subarea A, base pe- riod taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 1988, being the assessment roll as of January 1 of the calendar year preceding the effective date of Ordinance No. 66-89. As to the Ice Harbor Subarea B, base pe- riod taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 1999, being the assessment roll as of January 1 of the calendar year preceding the effective date of Ordinance No. 97-00. As to the Ice Harbor Subarea C, base pe- riod taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2006, being the assessment roll as of January 1 of the calendar year preceding the effective date of Ordinance No. 20-07. As to the Warehouse Subarea, base period Book 137 Regular Session, December 17, 2007 taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2006, being the first day of the calendar year preceding the effective date of this Ordinance. As to the South Main Subarea, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2006, being the first day of the calendar year preceding the effective date of this Ordinance. Section 4: That portion of the taxes each year in excess of the base period taxes for the Amended Project Area, determined for each subarea thereof as provided in Section 3 of this Ordinance, shall be allocated to and when collected be paid into the special tax increment fund previously established by the City of Du- buque to pay the principal of and interest on loans, monies advanced to, or indebtedness, whether funded, refunded, assumed or other- wise, including bonds issued under authority of Section 403.9 or Section 403.12 of the Code of Iowa, incurred by the City of Dubuque, Iowa to finance or refinance, in whole or in part, urban renewal projects undertaken within the Amended Project Area pursuant to the Urban Renewal Plan, except that taxes for the regular and voter-approved physical plant and equip- ment levy of a school district imposed pursuant to Section 298.2 of the Code of Iowa (but only to the extent required under Section 403.19(2)) and taxes for the payment of bonds and inter- est of each taxing district shall be collected against all taxable property within the Amended Project Area without any limitation as hereinabove provided. Section 5: Unless or until the total as- sessed valuation of the taxable property in the subareas of the Amended Project Area ex- ceeds the total assessed value of the taxable property in said subareas shown by the as- sessment rolls referred to in Section 3 of this Ordinance, all of the taxes levied and collected upon the taxable property in the Amended Project Area shall be paid into the funds for the respective taxing districts as taxes by or for the taxing districts in the same manner as all other property taxes. Section 6: At such time as the loans, mo- nies advanced, bonds and interest thereon and indebtedness of the City of Dubuque re- ferred to in Section 4 hereof have been paid, all monies thereafter received from taxes upon the taxable property in the Amended Project Area shall be paid into the funds for the re- spective taxing districts in the same manner as taxes on all other property. Section 7: All ordinances or parts of ordin- ances in conflict with the provisions of this Ordinance are hereby repealed. The provi- sions of this Ordinance are intended and shall be construed so as to continue the division of 469 taxes from property within the Amended Project Area under the provisions of Section 403.19 of the Code of Iowa, as authorized in Ordinance Nos. 20-07, 35-04, 30-82 and 66- 89, as amended by Ordinance Nos. 23-94, 36- 94, 67-97, 26-02 and 97-00, and to fully im- plement the division of taxes in the Warehouse Subarea and South Main Subarea. In the event that any provision of this Ordinance shall be determined to be contrary to law it shall not affect other provisions or application of this Ordinance which shall at all times be con- strued to fully invoke the provisions of Section 403.19 of the Code of Iowa with reference to the Amended Project Area and the territory contained therein. Section 8: This Ordinance shall be in effect after its final passage, approval and publica- tion as provided by law. Passed, approved and adopted this 17t" day of December, 2007. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald Newspaper the 21St day of December, 2007. /s/Jeanne F. Schneider, CMC, City Clerk Census Tract 1: City Manager recommend- ing approval of a resolution that finds Census Tract 1 in the City of Dubuque meets the defi- nition of a blighted area according to Section 403.17 of the Code of Iowa. Motion by Cline to receive and file the documents and adopt Resolution No. 601-07 Finding that the area within Census Tract 1 of the City of Dubuque meets the definition of a blighted area under the Urban Renewal Law and that development of said area is necessary in the interest of the residents of the City of Dubuque, Iowa. Seconded by Connors. Braig asked if the en- tire Census Tract had to be blighted. Housing and Community Development Director David Harris stated that it does not, but it gives the area access to Enterprise Zone benefits and allows use of Tax Increment Financing. Motion carried 7-0. RESOLUTION NO. 601-07 FINDING THAT THE AREA WITHIN CENSUS TRACT 1 OF THE CITY OF DUBUQUE MEETS THE DEFINITION OF A BLIGHTED AREA UNDER THE URBAN RENEWAL LAW, AND THAT DEVELOPMENT OF SAID AREA IS NECESSARY IN THE INTEREST OF THE RESIDENTS OF THE CITY OF DU- BUQUE, IOWA. Whereas, Census Tract 1 has the lowest income level of any Census Tract in the City; and Whereas, Chapter 403.17 of the Iowa Code defines a blighted area as an area of a municipality within which the local governing 470 Regular Session, December 17, 2007 Book 137 body of the municipality determines that the presence of a substantial number of slum, deteriorated, or deteriorating structures; and Whereas, the City Council has found that the area within Census Tract 1 in the City of Dubuque meets the definition of a blighted area as found in Chapter 403.17 "Urban Re- newal Definitions" of the Iowa Code; and Whereas, designating Census Tract 1 as a blighted area is necessary in the interest of the public health, safety or welfare of the residents of the municipality. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Census Tract 1 within the City of Dubuque, Iowa meets the definition of a blighted area according to Section 403.17 of the Iowa Code. Passed, approved, and adopted this 17t" day of December, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Electrical Ordinance: City Manager re- commending approval of one editorial change in the City's electrical ordinance to temporarily extend the expiration date of electrical licenses to June 30, 2008. Motion by Michalski to re- ceive and file the documents and that the re- quirement that a proposed ordinance be con- sidered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Jones. Motion carried 7-0. Motion by Michalski for final consideration and passage of Ordinance No. 64-07 Amend- ing City of Dubuque Code of Ordinances Chapter 18 Electricity, Section 81-2 National Electrical Code-Amendments, by amending Section 83-9. Seconded by Jones. Motion car- ried 7-0. (1) Each registration shall expire on December thirty-first, following the date of its issue and shall be renewed by the electrical code board upon ap- plication of the holder of the registra- tion and payment of the required fees any time on or before January first of each year. Renewal of registration shall not be granted to a holder of a registra- tion while indebted to the city under the terms of this article. (2) If there is a lapse of over sixty (60) days from the expiration of the registration renewal, the re- newal procedure shall be the same as on an original applica- tion. Passed, approved and adopted this 17t" day of December, 2007. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald Newspaper the 21St day of December, 2007. /s/Jeanne F. Schneider, CMC, City Clerk 2008 Federal Legislative Priorities: City Manager recommending approval of the City of Dubuque Priorities and Requests for Feder- al Appropriations. Motion by Cline to receive and file the documents and adopt the 2008 Federal Legislative Priorities. Seconded by Connors. Michalski questioned the extensive list. Motion carried 7-0. Fiscal Year 2009 Policy Guidelines: City Manager submitting the Fiscal Year 2009 Poli- cy Guidelines for City Council review and ap- proval. Motion by Connors to receive and file the documents and approve. Seconded by Cline. Motion carried 6-1 with Cline voting Nay. OFFICIAL NOTICE ORDINANCE NO. 64-07 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES CHAPTER 18 ELECTRICITY, SECTION 81-2 NATIONAL ELECTRICAL CODE-AMENDMENTS, BY AMENDING SECTION 83-9 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. City of Dubuque Code of Ordin- ances § 81-2 is amended by amending § 83-9 to read as follows: **** 83-9. Expiration of registration; re- newal; failure to renew. Each current 2007 electrical regis- tration shall have its expiration date temporarily extended to June thirtieth of 2008. CLOSED SESSION Upon motion at 11:10 p.m., the Council convened to closed session regarding litigation pursuant to Chapter 21.5(1)(c) 2007 Code of Iowa. The Council convened regular session at 11:24 p.m. stating that staff had been given proper direction. There being no further business, upon mo- tion the Council adjourned at 11:25 p.m. /s/Jeanne Schneider, CMC City Clerk Book 137 INDEX A A & B Tap ................................................................. ....................................................................311, 323, 324 A.Y. McDonald Park ................................................. ............................................................................... 3, 209 Abstract of Votes ....................................................... ...................................................................................438 Adams Company ....................................................... ...17, 18, 46, 164, 197, 346, 347, 360, See Port of Dubuque Adams Development, LLC ......................................... .....................................18, 164, 197, See Port of Dubuque Adams, Greg .............................................................. ....................................................................... 16, 86, 104 Administrative Services Agreement ............................ ...................................................................................160 Admiral Sheehy Drive ................................................ ........................................................................... 244, 262 Adult Entertainment Establishments ........................... ........................................................................... 406, 425 Aerial Orthophotography Project ................................ .....................................................................................46 Aerial Services, Inc .................................................... .....................................................................................46 Affordable Housing Tax Credit .................................. ................................................................................... 394 After-School Program ................................................ ......................................................................... 24, 68, 70 Airport Commission ................................................... .....................24, 41, 72, 120, 127, 138, 175, 294, 434, 453 Airport Department .................................................... ......................... 70, 88, 91, See Dubuque Regional Airport Airport Inn ................................................................. ........................................................................... 256, 257 Alan Jackson Tuckpointing, Inc .................................. ........................................................................... 162, 209 Aldi, Inc .................................................................... ...................................................................................380 Algona Street ............................................................. ........................................................................... 312, 326 All America City ........................................................ .......................219, 222, 237, 256, 274, 275, 276, 294, 306 All Veterans' Memorial .............................................. ...................................................................................199 Allen, Kelly ............................................................... ...................................................................................104 Alliant Amphitheater .................................................. ............................................................ 128, 242, 243, 256 Alliant Energy ............................................................ ................................................................................... 332 Port of Dubuque Easement ....................................... ........................................................................... 185, 214 Allied ........................................................................ ....................................................................104, 434, 453 Allison-Henderson Park ............................................. ...................................................................................163 Allman, Darrell .......................................................... .....................................................................................98 Alpine Park ................................................................ ...................................................................................394 Alta Vista Street ......................................................... .....................................................26, 48, 80, 81, 349, 390 Alter Scrap ................................................................ ............................................................................. 87, 104 Alvarez, Alex ............................................................. ...................................................................................276 Ambrosy, William ..................................................... .....................................................................................72 America's River ......................................................... ........................................70, 219, 222, 224, 234, 252, 379 America's River Corporation ...................................... ............................................................................. 70, 222 America's River Festival ............................................ ........................................................................... 219, 379 American Airlines ...................................................... ........................................................................... 254, 318 American Institute of Architects ................................. ............................................................................... 37, 76 American Legion Post #6 ........................................... ...................................................................................242 American Planning Association .................................. ...................................................................................397 American Red Cross Emergency Shelter Agreement ... ..................................................................................... 99 American Trust & Savings Bank ................................ ................................................................................... 397 American with Disabilities Act (ADA) ....................... .....................................................................................89 AmeriCorps ............................................................... ................................................................................... 405 Amtrak ...................................................................... ........................................................................... 130, 308 Anderson, ,Andrew, Vision Iowa Board Chairman ..... .....................................................................................24 Anderson, Brian ......................................................... ...................................................................................276 Anderson, Father Gabriel, St. Columbkille's Catholic Church ..........................................................................41 Anderson, Jeff ........................................................... ...................................................................................117 Anderson, Richard, Mayor of Asbury, Iowa ................ ........................................................................... 256, 294 Anderson, Wendi ....................................................... ...................................................................................178 Andre, Lee ................................................................. ...................................................................................432 Angie's Bar ............................................................... ........................................................................... 311, 312 Animal Control .......................................................... ...................................................................................198 Annexation ................................................................ ..........98, 101, 128, 157, 177, 178, 240, 241, 306, 427, 461 Annexed Areas Certification of Population ................. ...................................................................................239 Annual Tax Increment Financing Report 2007 ............ ...................................................................................459 Apartments, The ........................................................ ................................... 48, See Dubuque Mining Company Apel, Justin ................................................................ ................................................................................. 8, 24 INDEX Book 137 Apple Corporation, LP ........................................................... .......................................................................227 Applebee's ............................................................................ ............................................................... 226, 227 Aquila ................................................................................... ..........................................................40, 127, 332 Aragon Tap ............................................................................ ............................................................... 311, 424 Aramark Educational Service ................................................. ........................................................164, 349, 398 Arbitrage Rebate Services ...................................................... .......................................................................423 Arbor Estates ......................................................................... ................................................................. 96, 155 Arby's ................................................................................... ....................................................................... 311 Area Residential Care ............................................................ ............................................................... 163, 375 Arensdorf Acres ..................................................................... .......................................................................265 Arensdorf Construction .......................................................... .........................................................................47 Arensdorf, Elmer ................................................................... .......................................................................275 Arensdorf, Pamela ................................................................. ............................................................... 226, 439 Arensdorf, Phil ...................................................................... .......................................................................392 Arlen, LeeAnn ....................................................................... .......................................................................329 Armstrong, Shirley ................................................................. .......................................................................276 Army Corps of Engineers ....................................................... ...........See United States Army Corps of Engineers Art on the River ..................................................................... .......................................................................288 Art's Way /Vessels, Inc ......................................................... ................................................ 254, 260, 261, 286 Arts and Cultural Affairs Advisory Commission ..... 41, 76, 11 1, 175, 185, 206, 208, 275, 288, 317, 332, 356, 390 Arts and Culture Grant Program for Special Projects ........... ......................................................................... 76 Fiscal Year 2008 Arts and Culture Funding Program ........... .......................................................................208 Fiscal Year 2008 Special Projects Arts and Culture Grants .. .......................................................................208 Asbury Plaza ......................................................... 32, 97, 136, 171, 203, 217, 242, 350, 351, 384, 411, 437, 463 Area Wastewater Pumping Facilities Project ....................... ................................................ 136, 171, 203, 242 Asbury Plaza Business Park ................................................... ..........................................................32, 217, 437 Final Plat Extension ........................................................... .......................................................................217 First Addition Extension Request ........................................ .........................................................................32 Asbury Road.. 104, 117, 164, 207, 226, 239, 240, 243, 248, 27 5, 287, 296, 297, 309, 324, 345, 440, 441, 442, 460 Eastbound Lane Widening Project (Sam's Club) ................. ............................................................... 239, 345 Asbury, City of ...................................................................... ... 75, 76, 98, 99, 157, 178, 207, 222, 240, 241, 256 Voluntary Annexation Applications .................................... ................................................................. 98, 157 Aspen Court .......................................................................... ............................................................... 146, 462 Asphalt Paving Program 2006, Fiscal Year 2007 ..................... .......................................................................176 Asphalt Paving Project 2007 ................................................... ................................. 117, 118, 145, 161, 162, 209 Assistance to Firefighter Grant Application ............................. .......................................................................297 Assistant City Manager Position ............................................. .........................................................................23 Associates Park ...................................................................... ............................................................... 428, 461 Association of Professional Firefighters, Local 353 ................. .......................................................................390 Association of Small Business Development Centers .............. ....................................................................... 398 Atkinson, Jerrod ..................................................................... .......................................................................392 Audubon Elementary School .................................................. .......................................................................202 Authorized Depository Institutions ......................................... ....................................................................... 397 Avery, Alan ........................................................................... ............................................................... 228, 245 Awn Stop Mart ...................................................................... ...........................................32, 178, 179, 283, 463 B Bach, John ......................................................................... .............................................................................98 Bahr, Brian ........................................................................ ...........................................................................178 Baker, Dave ....................................................................... ................................................................. 30, 62, 69 Bakke, Rod ........................................................................ ................................................................... 312, 325 Balke Street ....................................................................... ................................................................... 400, 430 Bandana's Bar-B-Q ............................................................ ................................................................... 348, 349 Bandy, Chuck .................................................................... ............................................................103, 120, 127 Barbaralee Drive ................................................................ ...........................................................................217 Barker, Barbara .................................................................. ...........................................................................153 Barry, Robert J ................................................................... ...........................................................................158 Bartinis .............................................................................. ............................................................163, 164, 257 Barton, Lisa ....................................................................... ...........................................................................178 Barz, Jonathan ................................................................... ........................................................................... 376 Basket Expressions ............................................................ ...........................................................................257 Beaves, David .................................................................... ..................................................................... 89, 392 Book 137 INDEX Becker & Sons Stone Co., Inc ....................................................................... .................................................436 Becker, Kurt ................................................................................................ ......................................... 376, 434 Becker, Thomas J ......................................................................................... ......................................... 317, 332 Bee Branch Creek Restoration Project..2, 3, 25, 47, 73, 74, 157, 276, 277, 27 8, 295, 308, 319, 320, 379, 395, 454 Bee Branch Floodwall .................................................................................. ..................................442, 443, 462 Beecher Beverage ........................................................................................ .......................... 163, 164, 226, 297 Beecher, Andrew ......................................................................................... ...................................................98 Beeghley, Jeanne ......................................................................................... .................................................275 Beeler, Fred and Tari ................................................................................... .................................................163 Beers, Jonathon ............................................................................................ .................................................276 Begle, Duane ............................................................................................... ...................................................98 Behnke, Raymond J ..................................................................................... ..................................158, 345, 391 Behnke, Teresa ............................................................................................ .................................................178 Behrens, Lynn ............................................................................................. .................................................198 Beijing, China .............................................................................................. ......................................... 254, 318 Bell Street .................................................................................................... ......................................... 346, 347 Bell Tower Productions ................................................................................ ......................................... 282, 283 Bemis, Harry ............................................................................................... ..................................284, 301, 460 Ben, Jerome W ............................................................................................ ........................................... 98, 391 Benda, Dennis ............................................................................................. ............................................. 49, 81 Bender, Veronica ......................................................................................... .................................................217 Bennett Street .............................................................................................. ......................................... 312, 326 Benz, Roger ................................................................................................. .................................................374 Berens-Tate Consulting Group ..................................................................... .................................................423 Berger, Tom, Emergency Management Director ............................................ ...................................................89 Bergfeld, Christy .......................................................................................... .................................................178 Beringer, Steve ............................................................................................ .................................................276 Berry Lane Severance of Properties .............................................................. ...................................................75 Bertsch, Jeff, Dubuque County Historical Society President .......................... ...................................................87 Best Community for Young People Award ................................................... ...................................................39 Best Western Midway HoteUHoffman House .................... .................... 76, See Midway Hotel, WCB Hotels, Inc. Beverly Avenue ............................................................... .............................................................................230 Bichell, Ken ..................................................................... .............................................................................280 Bickel, Dr. Ken, First Congregational UCC ...................... .............................................................................407 Bierstube ......................................................................... ........................................See Europa Haus Restaurant Bies Drive ....................................................................... ............................................................................. 301 Big 10 Mart ..................................................................... .................................................. 48, 99, 226, 380, 424 Big Box Retail Uses ......................................................... ..................................................................... 139, 140 Big Ten Network ............................................................. ............................................................................. 304 Bi-Lingual Bike/Hike Trail Signage Project ...................... ..............................................................238, 282, 319 Bill Miller Logging, Inc ................................................... .............................................................................147 Billmeyer, Rich ................................................................ ..................................................................... 303, 383 Bird, Eugene .................................................................... ..................................................................... 245, 262 Bisinger, Colin J .............................................................. .............................................................................391 Bitter, Joseph ................................................................... ..............................................................198, 301, 314 Bitter, Tom ...................................................................... .............................................................................266 Blackwater Grill .................................................... 246, See Bricktown, Cooper Management, Stonewall Lounge Blair, Jonathan D .......................................................................................... ................................................294 Blazin Wings, Inc ......................................................................................... ................................................227 Blodgett, Joseph A ........................................................................................ ................................................ 393 Blomberg, Robert ......................................................................................... ................................................ 390 Bluff Overlay District ................................................................................... ..................................................71 Bluff Street Brew Haus ................................................................................. ........................................ 116, 117 Bluffland Advisory Committee ...................................................................... ...................................30, 423, 433 Blum, Jamie, General Manager, Dubuque County Fair ................................... ................................................249 BMX Park .................................................................................................... ..................................................68 Boardman, Diane .......................................................................................... ................................................178 Boards and Commissions .....16, 34, 58, 80, 103, 120, 138, 169, 185, 213, 228, 244, 261, 284, 300, 312, 325, 351, 380,404,460 City Council Members ................................................................................................................................. 7 Boating Infrastructure Grants ........................................................................................................................252 Boge, Daniel D. and Millie .................................................................................................................... 133, 170 Boge, Loras G ...............................................................................................................................................128 4 INDEX Book 137 Boge, Robert E ......................................................................................................... ............... 98, 158, 345, 391 Boland Recreation ..................................................................................................... ....................................159 Bonson Road ............................................................................................................ ................................ 28, 29 Bonz, Elizabeth ......................................................................................................... ....................................222 Bootleggers Pub ........................................................................................................ .............................. 32, 242 Bowers, Lisa ............................................................................................................. ............................ 249, 275 Bowling and Beyond ................................................................................................. .......................72, 110, 459 Boy Scout Troup 48 .................................................................................................. .................................... 304 Boys and Girls Club of Greater Dubuque ................................................................... ....................................202 Bradley, Brian .......................................................................................................... ....................................460 Bradley, Jeffrey ........................................................................................................ ....................................460 Bradley, Ronald ........................................................................................................ ....................................460 Brady & O'Shea, P.C ................................................................................................ ....................................434 Brady, Thomas, US Postal Inspection Service ............................................................ ....................................407 Braley, Congressman Bruce ...................................................................................... .......................47, 280, 294 Branigan, Frank ........................................................................................................ ....................................104 Brannon, Mike .......................................................................................................... ....................................307 Brechler, Amanda ..................................................................................................... ............................ 228, 245 Breezers Pub ............................................................................................................. ....................................... 4 Brehm, Alma ............................................................................................................ ......................................99 Brehm, Dianne .......................................................................................................... .......................16, 104, 381 Breitbach, Jeff .......................................................................................................... .................................... 392 Brent Anderson Associates ........................................................................................ ....................................161 Brick Sidewalks, City Policy for ................................................................................ ....................................385 Bricktown .......................116, 246, 266, 282, 283, See Blackwater Grill, Cooper Management, Stonewall Lounge Bridge Restaurant, The .............................................................................................. ....................................398 Briggs, Wayne .......................................................................................................... ......16, 38, 62, 86, 104, 105 Brimeyer, Delbert ..................................................................................................... ....................................104 Brimeyer, Frederick .................................................................................................. ............................ 178, 391 Brimeyer, Jeff ........................................................................................................... ............................ 220, 238 Brimeyer, Jeffrey A. and Dianne ............................................................................... ............................ 154, 176 Broessel, Patricia ...................................................................................................... ............................ 164, 198 Brookins, Jwan ......................................................................................................... ....................................206 Bross, Evelyn ............................................................................................................ ....................................373 Brown, Dan, Fire Chief ............................................................................................. ............. 220, 297, 390, 407 Brown, Jonathon, Water Pollution Control Plant Manager .......................................... ......................................67 Brown, Michelle ....................................................................................................... ......................................70 Brown, Steve, Project Manager ................................................................................. ....................................124 Brown, Wallace ........................................................................................................ .....................228, 230, 245 Brown, William ........................................................................................................ ............................ 249, 275 Brumwell, Crenna, Assistant City Attorney ................................................................ .....................294, 374, 464 Brunswick Street ....................................................................................................... .....................275, 400, 430 Bryant Street ............................................................................................................. ............. 135, 170, 171, 204 Buchholtz, Wayne ..................................................................................................... ....................................... 4 Budget Amendments ................................................................................................. ............. 132, 169, 325, 353 Budget Hearings Fiscal Year 2007-2008 Airport Department, Library Department, Health Services, Purchase of Services ..... ......................................70 Economic Development, Parking Division, Transit Division, Planning Services Department, Housing and Community Development .................................................................................. ......................................69 Emergency Communications, Emergency Management, Fire Department, Police Department, Building Services Department .......................................................................................... ......................................89 Five Flags Civic Center, Recreation Division, Park Division, Information Services, Cable TV Division.........68 Human Rights Department, Finance Department, Legal Department, City Manager' s Office, City Council, City Clerk's Office .................................................................................................... ......................................40 Water Department, Water Pollution Control Plant, Public Works Department, Engi neering Department ........67 Buechele, Karen ........................................................................................................ ......................................99 Buechele, Theodore .................................................................................................. ......................................99 Buesing & Associates ..........................5, 33, 60, 155, 240, 284, 299, 313, 322, 329, 3 99, 400, 409, 429, 430, 440 Buffalo Wild Wings .................................................................................................. ....................................226 Building Code Board of Appeals ......................................................................249, 2 69, 284, 294, 300, 351, 380 Building Services Department ................................................................................... ........................ 89, 91, 461 Bulko, Sr. Charla ...................................................................................................... .................................... 332 Bulldog Billiards ....................................................................................................... .....................226, 323, 324 Book 137 INDEX Bunker Hill Golf Course ................................................................ ..............................................45, 76, 77, 163 Burbach, Cori ................................................................................ ...............................................................293 Burch Street ................................................................................... ........................................ 218, 246, 314, 374 409 Burch Street ........................................................................ ................................................218, 246, 314 Burds, Michael .............................................................................. ...............................................................390 Burdt, Berdina ............................................................................... .................................................................99 Burgart, John, Superintendent of Schools ........................................ ................................................109, 203, 307 Burger, William ............................................................................. ........................................ 101, 121, 265, 378 Burkle, Mark W ............................................................................. ...............................................................393 Buse, David T ................................................................................ ...............................................................111 Business License Refunds .............................................................. .......................................... 76, 131, 178, 256 Business Licenses .....4, 12, 32, 48, 76, 100, 116, 131, 163, 178, 209 , 226, 242, 256, 282, 298, 311, 323, 348, 380, 398, 424, 439, 459 Busted Lift, The ............................................................................. ....................................................... 163, 164 Butt's Florist .................................................................................. ...............................................................315 Bycroft, Donald ............................................................................. ...............................................................327 C C.S.C. Gas ............................................................................................. .......................................................226 Cable Community Teleprogramming Commission .................................. ............................................... 294, 453 Cable TV Division ................................................................................. ...................................................68, 91 Cable TV Regulatory Commission ......................................................... ..........................................24, 153, 453 Cable TV Teleprogramming Commission ............................................... ............... 24, 31, 46, 153, 220, 249, 297 Cafe Manna Java .................................................................................... .......................................................380 Cain, LeRoy .......................................................................................... .........................................................72 Caldwell, Teresa, President, Washington Neighborhood Association ....... ........................................329, 383, 444 Callahan Construction ............................................................................ ........................................236, 326, 390 Callahan Old 20 Subdivision .................................................................. .......................................................236 Callahan, Joel ........................................................................................ ............................................... 236, 326 Callahan, John ....................................................................................... .......................................................407 Cancer Survivor Park ............................................................................. ............................................... 257, 284 Cantu, Tina L ......................................................................................... ....................................................... 376 Capital Improvement Program ................................................................ ...........................22, 55, 56, 76, 91, 253 Carlin Family of County Donegal, Ireland .............................................. .......................................................220 Carlos O'Kelly's .................................................................................... .........................131, 132, 311, 323, 324 Carnegie-Stout Public Library ... 13, 15, 55, 56, 58, 59, 96, 120, 125, 150, 168, 184, 185, 197, 212, 258, 259, 286, 467 Landmark Nomination ....................................................................... .......................................................197 Carroll, Carole ....................................................................................... .......................................................390 Carroll's Wine Company ........................................................................ ........................................131, 132, 380 Carstens, Laura, Planning Services Manager104, 126, 229, 230, 231, 246, 301, 351, 381, 383, 385, 390, 398, 407, 423, 428, 433, 452 CarteGraph Systems, Inc ........................................................................ .......................................................266 Carter Road ........................................................................................... ........................................111, 407, 433 Casey, Molly ......................................................................................... .........................................................72 Casey's General Store ............................................................................ ........................................163, 226, 463 Casey's Marketing Company .................................................................. .......................................................163 Casino Portside (Diamond Jo) ................................................................ ............................................... 242, 243 Catfish Charlie's .................................................................................... ............................................... 131, 132 Catfish Creek ......................................................................................... ...... 68, 98, 116, 177, 298, 346, 376, 433 Middle Fork ....................................................................................... .......................................................433 North Fork ......................................................................................... ........................................298, 346, 376 Catfish Festival ...................................................................................... .......................................................209 Cathedral Urban Revitalization Area ...................................................... .........................................................45 Cathman, Richard and Linda .................................................................. .......................................................275 CEBA ........................................................................................ See Community Economic Betterment Account Cedar Crest Ridge .................................................................................. ............................................... 195, 229 Request to Rezone Property at 3100 Cedar Crest Ridge ....................... .......................................................229 Cedar Cross Amoco ............................................................................... ........................................242, 243, 311 Cedar Cross Road .................................................................................. ............................................... 251, 275 Cedar Lake Building Group Fast Addition ................................................... ....................................................... 264 Cedar Lake Plaza ................................................................................... .......................................................251 INDEX Book 137 Cedar Ridge Farm Place No. 7 ................................................................... ....................................................112 Census ...................................................................................................... ............................. 239, 329, 469, 470 Tract 1 .................................................................................................. ....................................................469 Central Avenue...10, 28, 29, 36, 43, 48, 99, 149, 150, 156, 208, 226, 228, 242, 243, 261, 265, 266, 299, 304, 311, 312, 317, 324, 325, 383, 401, 403, 424, 433, 436, 459, 463, 466, 467 Demolition of Property at 598 ................................................................ ....................................................156 Request to Demolish 2411 ..................................................................... ....................................................208 Request to Rezone Property at 2411/2403 Central Avenue ...................... ....................................................228 Waiving the Sidewalk Requirement for Swiss Valley Farms at 3510 Cen tral Avenue ..................................265 Central Coast Hospitality .......................................................................... ............. See Panchero's Mexican Grill Certified Local Government (CLG) ........................................................... .................................11, 47, 296, 453 Chances R Bar .......................................................................................... ................................. 76, 77, 311, 312 Channel Inn .............................................................................................. .................................................... 380 Chaplain Schmitt Memorial ....................................................................... ........................... 18, 19, 48, 199, 222 Chapman, Jodi M ...................................................................................... .................................................... 345 Chapman, Kristina .................................................................................... ....................................................242 Chapter 11 Buildings and Regulations ....................................................... ....................................................152 Chatfield, Dan .......................................................................................... ....................................................460 Chatha, Shahid .......................................................................................... ....................................................226 Chavenelle Road ....................................................................................... ......................... 10, 41, 112, 185, 207 Extension .............................................................................................. ......................................................10 New Fire Station ................................................................................... ......................................................41 Chavenelle Warehouse Development, LLC ................................................ ..... 115, 130, See Theisen Supply, Inc. Chavenelle, Gail ....................................................................................... ............................................ 120, 138 Chesterman, Bill ....................................................................................... ......................................................16 Chicago O'Hare International Airport ........................................................ ............................................ 254, 318 Chicago, Central & Pacific Railroad .......................................................... ............................................ 154, 155 Child Safe Zone Iowa Legislation .............................................................. ....................................................110 Childhood Lead Poisoning Prevention Program (CLPPP) ........................... ....................................................376 Chlapaty Recreation and Wellness Center .................................................. ............................................ 106, 107 Choudhry, Waseem ................................................................................... ....................................................179 Christ, Steven T ........................................................................................ .............................................. 98, 345 Chuck-n-Jo's ............................................................................................ ............................................ 163, 164 CIPP Lining Project .................................................................................. ......................243, 244, 262, 281, 379 City Assessor .................... 6, 7, 35, 44, 45, 61, 81, 82, 121, 214, 235, 241, 256, 276, 303, 314, 321, 353, 430, 431 City Attorney Compensation ..................................................................... ....................................................280 City Development Board ........................................................................... ............................................ 157, 178 City Hall Envelope Restoration (Tuckpointing) Project ......................................... ........................................ 77, 78, 123 First Floor Restroom Renovation Project ................................................ ................................................ 4, 225 Parking Lot Reconstruction Project ........................................................ .......101, 102, 103, 123, 161, 209, 435 Third Floor Office Expansion Project ..................................................... .....................................162, 209, 408 City Manager Employment Agreement ...................................................... .............................................. 75, 280 City of Dubuque 175 Anniversary Celebration ......................................... ............................................ 174, 329 Coordinating Committee ....................................................................... .............. 174, 228, 245, 261, 274, 356 City/County Fringe Area Policy Agreement ............................................... ....................................................126 Civic Center ............................................................................................. .........................See Five Flags Center Civic Center Commission .......................................................................... .........................See Five Flags Center Civil Service Commission......8, 24, 96, 98, 111, 127, 153, 158, 175, 177, 249, 276, 294, 300, 312, 317, 332, 345, 375, 390 Assistant Fire Chief ............................................................................... ....................................................390 Assistant Fire Marshal ........................................................................... ....................................................390 Confidential Account Clerk ................................................................... ....................................................177 EMS Supervisor .................................................................................... ....................................................390 Engineering Technician ......................................................................... ....................................................158 Equipment Mechanic ............................................................................. ....................................................... 8 Equipment Operator I ............................................................................ .................................................... 345 Equipment Operator II ........................................................................... ....................................................158 Fire Captain .......................................................................................... ....................................................390 Fire Equipment Operator ....................................................................... ....................................................390 Fire Lieutenant ...................................................................................... ............................................ 390, 392 Laboratory Technician ........................................................................... ....................................................294 Landfill Foreman .................................................................................. ............................................ 390, 391 Book 137 INDEX Medical Officer ............................................................. ............................................................................ 3 90 Police Corporal ............................................................. ............................................................................390 Police Lieutenant .......................................................... ............................................................................ 390 Police Officer ................................................................ ............................................................................276 Public Safety Dispatcher ............................................... ............................................................................ 345 Records Supervisor ....................................................... ............................................................................276 Sanitation Driver ........................................................... ...................................................................... 98, 158 Water Plant Operator ..................................................... ............................................................................ 390 Water Pollution Control Plant Operator .......................... ............................................................................ 391 Clancy, Sheri and Pat ........................................................ ............................................................................307 Clark of Dubuque ............................................................. ............................................................................298 Clarke College .................................................................. ...............................163, 164, 298, 299, 316, 323, 324 Clarke Drive ..................................................................... ..................................................... 299, 324, 393, 458 Clarke, Peter ..................................................................... ............................................................................226 Clauseen, Kyle R .............................................................. ............................................................................391 Clausen Place .................................................................. ............................................................................378 Clausen, Paul and Cathleen .............................................. ............................................................................378 Clayton, Jeffrey ................................................................ ............................................................................391 Clear Well Renovation ...................................................... ....................................... See Eagle Point Water Plant Clemens, David L ............................................................. .......................................... 33, 60, 275, 399, 428, 429 Clemens, Jennifer ............................................................. ............................................................................ 301 Closed Sessions ................................................................ .7, 66, 88, 127, 153, 237, 248, 274, 330, 388, 452, 470 Club Phoenix .................................................................... .................................................................... 282, 283 Club Sublime .................................................................... ........................................................ See Sublime Bar Clubhouse, The ................................................................. ..............................................................................48 Coates, Janelle .................................................................. ..............................................................................16 Coates, Kevin ................................................................... ..............................................................................16 Cochran, Tom, United States Conference of Mayors .......... .................................................................... 222, 280 Code of Ordinances -Adopting Revised City of Dubuque Code of Ordinances .................................................20 Cogan, Donald J. and Luella C .......................................... .................................................................. 75, 76, 99 Cogan, Karen .................................................................... ........................................................................ 75, 99 Colen, David, US Postal Inspection Service ...................... ............................................................................407 Collective Bargaining Agreement ...................................... ...................................................................... 72, 128 International Union of Operating Engineers ................... ................................................................ 72, 73, 308 Collective Bargaining Strategy .......................................... ...................................................................... 66, 127 College of Public Health's Board of Advisors .................... ..............................................................................47 Collins, James ................................................................... .................................................................... 316, 407 Colts Community Center ................................................... .................................................................... 226, 227 Colts Drum and Bugle Corps ............................................. ............................................................................241 ComElec-US Cellular ........................................................ ............................................................................209 Comiskey Park .................................................................. .................................................................... 163, 202 Commercial Flooring Company ......................................... .................................................................... 237, 396 Community Development Advisory Commission ............... .......... 15, 34, 58, 80, 92, 239, 279, 288, 320, 329, 394 Community Development Block Grant (CDBG) ....... 15, 91 , 98, 201, 202, 222, 239, 276, 279, 288, 320, 393, 394 Annual Action Plan ....................................................... ....................... 15, 16, 69, 92, 239, 279, 280, 288, 393 Fiscal Year 2008 (Program Year 2007) Projects ............. ............................................................................159 Request to Release Funds .............................................. ............................................................................159 Community Economic Betterment Account (CEBA) .......... ....................................................... 30, 156, 157, 395 Community Oriented Police (COP) .................................... ..............................................................................69 Community Partner in Education Award ............................ ............................................................................ 307 Community Partnership Program (cp2) .............................. .................................................................... 159, 201 Comprehensive Annual Financial Report (CAFR) FY 2006 ..............................................................................11 Comprehensive Bluff Plan ................................................. ..................................................... 407, 423, 433, 453 Comprehensive Plan 11, 59, 71, 76, 98, 130, 131, 172, 238, 247, 275, 280, 296, 319, 373, 409, 427, 452, 462, 463 2006-2007 Update Special Session ................................ ..............................................................................71 Conference Board ............................................................. ........................................................................41, 96 Conlon Construction ......................................................... ...................................................................... 62, 223 Conlon Johnson (Sedgewick) Development Agreement ...... ............................................................................176 Connolly Construction ...................................................... ............................................................................249 Conrad, Shirley ................................................................. ............................................................................332 Consolidated Annual Performance and Evaluation Report (CAPER) ............................................................... 320 Consolidated Plan for Housing and Community Development for Fiscal Years 2006 - 2010 ...........................279 Contract Authority (of City Manager to Make Purchases) ... ............................................................................205 INDEX Book 137 Cook, Ann ........................................................................................................................... .........................209 Cookin Something Up .......................................................................................................... .........................424 Cooper Management, LLC ..................... 246, 249, 256, 266, See Blackwater Grill, Bricktow n, Stonewall Lounge Cooperative Traffic Paint and Pavement Markings Agreement .............................................. ................. 154, 207 Copper Kettle, The ............................................................................................................... .........................131 Cora Drive ........................................................................................................................... .. 351, 428, 458, 461 Cordes, John, Mental Health America ................................................................................... .........................175 Corey, Wendell W ............................................................................................................... ............32, 217, 437 Corken, Christine O., Assistant County Attorney .................................................................. .........................393 Cornelius, Steve ................................................................................................................... .........................153 Corner Tap, The ................................................................................................................... ................. 163, 164 Corporation for National and Community Service for Partners in Learning AmeriCorps Program ....................405 Corps of Engineers ............................................................................ See Unites States Army Corps of Engineers Corrigan, Mary Rose, Health Services Manager .................................................................... ................... 47, 275 Cottingham and Butler .........................................................30, 156, 157, 288, 289, 347, 393, 394, 409, 410, 453 Amended and Restated Development Agreement for Rehabilitation of Security Building ... .........................347 CEBA Loan Agreement, Enterprise Zone Funding Agreement ........................................... .........................156 Community Economic Betterment Account (CEBA) Agreement ....................................... ...........................30 Development Agreement for Rehabilitation of the Security Building ................................. .........................288 Irrevocable License, 8th Street Right-of--Way and Adjacent Alley ...................................... .........................453 Coulson, Jesse ..................................................................................................................... .........................392 Council Member Reports ....................................7, 39, 66, 110, 219, 237, 248, 293, 304, 317, 329, 373, 388, 432 Coursey, Eileen .................................................................................................................... .........................317 Courtside Sports Bar ............................................................................................................ ................. 298, 299 Cox Street ............................................................................................................................ ................. 316, 407 Creative Touch Gallery, Inc .................................................................................................. .........................210 Creek Wood Drive ............................................................................................................... ..........326, 327, 385 Crescent Community Health Center ...................................................................................... .... 70, 202, 207, 306 Creslanes Bowling ............................................................................................................... ................. 226, 227 Criminal Investigative Division ............................................................................................ ...........................97 Cross, Joel ........................................................................................................................... .........................276 Cross, Kyle .......................................................................................................................... .........................276 CSC Gas, Inc ....................................................................................................................... .........................298 Cue Masters Billiards ........................................................................................................... ..........226, 311, 459 Cues, Inc ............................................................................................................................. .........................177 Culbertson, Tom .................................................................................................................. .........................156 Cultural Corridor ................................................................................................................. ......................... 306 Culver, Governor Chet ......................................................................................................... ................... 32, 297 Curbstoning ......................................................................................................................... ............................ 3 Curtis Street ......................................................................................................................... .. 210, 235, 252, 298 Czeshinski, Sue .............................................................................23, 70, 120, 138, 153, 17 1, 228, 245, 303, 432 D DALMC .............................................................................. Dalsing, Tom ....................................................................... DAMA Corp ........................................................................ Davidson, Sarah ................................................................... DaVinci Management, LLC ................................................. DaVinci's Restaurant and Lounge ........................................ Davis, Frederick ................................................................... Davis, Susan ........................................................................ Davis, Zachary P .................................................................. Days Inn/Spirits Bar &Grill ................................................. DDA Enterprises, Inc ........................................................... De Corah, Pastor Robert, Grandview Heights Baptist Church Dean, Kathryn ..................................................................... Decker, Agnes M ................................................................. Decker, Angela .................................................................... Decker, Cody ....................................................................... Decorative Concrete Repair and Maintenance Project ........... Deen, Jonathon .................................................................... Deerwood Circle .................................................................. Book 137 INDEX Delhi Street ....................................................................................................... ................... 42, 43, 66, 112, 243 Delinquent Refuse, Sewer and Stormwater Management Accounts ..................... ............................................455 Delta Queen, The .............................................................................................. ..................... 378, 379, 390, 464 DeMac's Copper Kettle, Inc .............................................................................. ..............................................12 DeMaio, Jason .................................................................................................. ..............................................98 Dement, Paul A ................................................................................................. ............................................158 DeMuth, Justin ................................................................................................. ..............................................68 Denlinger, Brian ............................................................................................... ............................................276 Denny's Lux Club ............................................................................................. .............................178, 179, 226 Design Center, Inc ............................................................................................ ......164, 439, See Julien Inn, The Design Standards for "Big Box Retail Uses ........................................................ ............................................139 Designated Signatories -Federal Transit Administration .................................... ............................................157 Detention Basin Maintenance Program .............................................................. ............................................256 Deutsch, Bruce ................................................................................................. ............................................276 Deutsche Bank National Trust Company ............................................................ ...................................... 41, 111 Diagonal Street ................................................................................................. .................................... 440, 461 Diamond Jo ...... 37, 38, 184, 204, 212, 234, 242, 243, 255, 293, 311, 312, 332, 346, 356, 357, 358, 359, 360, 361, 365, 366, 367, 368, 369, 370, See Port of Dubuque Amended and Restated Development Agreement, Port of Dubuque Public Par king Facility Development Agreement ........................................................................... ............................................ 356 Development Agreement for Construction/Financing, Port of Dubuque Public Parking Facility .....................37 First Amendment to Development Agreement, Public Parking Facility ........... ............................................204 Minimum Assessment Agreement, Port of Dubuque Public Parking Facility Minimum Assement Agreement ................................................................. ............................................ 357 Dickinson, Rick, Greater Dubuque Development Executive Director .................. ........................... 62, 70, 88, 126 Diederichs, Leonard .......................................................................................... ............................................376 Digman, John .................................................................................................... ............................................391 Digmann, Brian ................................................................................................ ............................................276 Dillon, Nathan .................................................................................................. ............................................... 8 Disaster Relief and Emergency Assistance Act .................................................. ............................................ 310 Distinguished Budget Presentation Award ......................................................... ............................................438 Divine Word College ........................................................................................ ..............................................41 DJ Gaming Company, LLC ............................................................................... .. 204, 293, 357, See Diamond Jo DM Sports Bar, Inc ........................................................................................... ............................................424 DM&E Railroad ............................................................................................... ..............................................39 Dog Gone, Inc .................................................................................................. ............................................380 Dog House Lounge, The ................................................................................... ............................................380 Dog Park .......................................................................................................... ................68, 146, 172, 198, 462 North Grandview Dog Park Relocation .......................................................... ............................................146 Dolphin, Neil .................................................................................................... ............................................276 Dolter, Mildred M ............................................................................................. ............................................257 Donath, Jerry and Mary ..................................................................................... ..............................................41 Donath, Mary .................................................................................................... ..............................................72 Dotson, Reverend Doctor Jim, Grandview United Methodist Church .................. ............................................206 Down to Earth Solutions ................................................................................... ............................................405 Downs, Mary .................................................................................................... ............................................276 Downtown Area Parking Needs Assessment Study ............................................ .................................... 280, 398 Downtown Dubuque Design Guidelines ............................................................ ..............172, 173, 296, 453, 454 Downtown Neighborhood Issues ....................................................................... ............................................464 Downtown Rehabilitation Loan Program ........................................................... ...............................69, 314, 315 Downtown Streetlight and Traffic Signalization Pole Painting Project ................ ..............118, 119, 145, 162, 209 Drahozal, Steve, President, Dubuque County Bar Association ............................ ............................................127 Drainage Basin Master Plan ..............................2, 3, 25, 73, 74, 157, 277, 278, 295, 308, 319, 320, 348, 379, 454 Dregne, Eric ..................................................................................................... ............................................465 Drew Cook & Sons Excavating ......................................................................... ....................... 99, 111, 251, 408 Drinking Water Infrastructure Application ......................................................... ..............................................47 Droessler, Greg ................................................................................................. .................................... 407, 453 Drug Awareness Resistance Education (DARE) ................................................. .................................... 116, 407 Dubler, Pearl ..................................................................................................... ............................................376 Dubord, Lynn ................................................................................................... ............................................276 Dubuque American Lady .................................................................................. .................................... 209, 210 Dubuque American Legion Post # 6 ................................................................... ............................................243 Dubuque Area Chamber of Commerce .............................................................. ..........22, 70, 171, 221, 439, 440 10 INDEX Book 137 Convention and Visitors Bureau .................................................... .................... 22, 23, 70, 171, 221, 303, 432 Dubuque Area Labor Management Council ....................................... ....................................... 70, 221, 253, 257 Dubuque Bank & Trust ..................................................................... ....................................... 12, 159, 225, 397 Dubuque Bible Church ...................................................................... ............................................................176 Dubuque Bowling Lanes ................................................................... .................................................... 226, 227 Dubuque by Carriage ........................................................................ ..............................................................30 Dubuque Casino Hotel, LLC ............................................................. ............................................................ 324 Dubuque Community Ice and Recreational Center ............................. ..................................... 244, 262, 407, 451 Dubuque Community School District ......14, 42, 111, 116, 130, 148, 1 50, 153, 173, 177, 203, 253, 255, 256, 307, 318, 329, 404, 407, 425, 465, 468 Dubuque Community Y .................................................................... ............................................................ 332 Dubuque County Auditor ...2, 3, 6, 7, 25, 35, 61, 73, 74, 81, 82, 121, 1 57, 214, 235, 277, 278, 279, 295, 303, 308, 309, 314, 319, 320, 353, 379, 430, 431, 454, 455 Dubuque County Board of Health ...................................................... .................................................... 221, 376 Dubuque County Board of Supervisors .............................................. ................................................ 88, 98, 126 Dubuque County Conservation Society .............................................. ........................................................ 96, 98 Dubuque County Historical Society ................................................... ...................... 23, 43, 77, 87, 204, 244, 312 Joint Development Agreement with City of Dubuque ..................... ............................................................204 Dubuque County ISU Extension ........................................................ .................................................... 253, 276 Dubuque County REAP Plan, Fiscal Year 2008 ................................. ............................................................246 Dubuque County Recorder... 1, 2, 3, 6, 7, 17, 25, 35, 60, 61, 73, 74, 81 , 82, 99, 105, 107, 121, 157, 192, 195, 214, 235, 253, 256, 277, 278, 284, 295, 302, 303, 308, 309, 314, 319, 320, 324, 353, 379, 382, 393, 430, 431, 454, 455, 462 Dubuque County Treasurer ................................................................ ....................................... 66, 377, 455, 457 Dubuque Cultural Alliance ................................................................ ............................................................332 Dubuque Discount Gas ...................................................................... ...............................................48, 226, 227 Dubuque Drum and Bugle Corps ....................................................... .................................................... 238, 241 Dubuque Family Restaurant .............................................................. .............................................209, 210, 424 Dubuque Genealogical Society .......................................................... ............................................................198 Dubuque Girls' Independent Softball League's Field Lighting Project ............................................................458 Dubuque Golf and Country Club ....................................................... .............................................100, 163, 164 Dubuque Greyhound Park and Casino ............................................... ................................................ 76, 77, 226 Dubuque Harbor Company's Addition ............................................... ............................................................230 Dubuque Hardwoods ......................................................................... .................................. See Port of Dubuque Dubuque History Trail ...................................................................... ..............................................................43 Dubuque Humane Society ................................................................. ...................................................... 70, 459 Dubuque Industrial Center ................................................................. ..........................4, 10, 32, 46, 56, 261, 286 Economic Development Urban Renewal District ............................ ............................................................122 North Siegert Farm ........................................................................ ............................................................426 Planned District, Matt Horsfield .................................................... ............................................................185 Revised Planned Unit Development ............................................... ............................................................185 Seventh Addition .......................................................................... ............................................................254 West-End Fire Station ................................................................... ............................................................ 316 Dubuque Industrial Center South ....................................................... .................................................... 232, 233 Economic Development Urban Renewal District ............................ ............................................................232 L & J Properties Dubuque, LLC .................................................... ............................................................166 Dubuque Industrial Center West ........................................................ ...............................................10, 286, 428 Art's Way/Vessels, Inc .................................................................. .............................................254, 260, 286 Heller Family Realty Company ...................................................... ............................................................... 4 Insterstate Power Company Chavenelle Easement .......................... ............................................................112 Kendall Hunt Publishing, Westmark Enterprises, Great River Techn ologies, LLC ................................. 56, 121 Medline Industries ......................................................................... ............................................................400 North Siegert Farm ........................................................................ .................................................... 254, 395 Seventh Addition .......................................................................... ......................................... 46, 56, 122, 159 Third Addition .............................................................................. ........................................................10, 32 Dubuque Initiatives ........................................................................... .............................................253, 254, 316 Dubuque Jaycees .............................................................................. 163, 164, 178, 179, 209, 210, 280, 282, 283 Dubuque Main Street, Ltd ................................................................. ........................ 70, 221, 287, 297, 431, 462 Dubuque Meat Packing Plant ............................................................. ..............................299, 314, 321, 324, 352 Vacation and Sale of Undeveloped Alley to SB Development ......... ............................................................ 314 Dubuque Metropolitan Area Solid Waste Agency .............................. ................................. 11, 24, 116, 201, 219 Dubuque Mining Company ............................................................... ...................................................... 48, 226 Dubuque Racing Association ............................................................. ........................................... 7, 77, 226, 275 Book 137 INDEX Dubuque Regional Airport ................ Dubuque Religious Center, Inc.......... Dubuque Southgate Investments, Ltd. Dubuque Technology Park ................ Dubuque Water Ski Club ................... Duehr, Michael ................................. Duehr. Merle .................................... Duerksen, Tyler ................................ Duggan, Jason .................................. Duggan, Shelby ................................ Dump Truck ..................................... Associated Equipment Purchase .... Purchase of ................................... Replacement of ............................. Duncan, Mary ................................... Duneman, Janet ................................ Dunn's Subdivision ........................... Dupaco Community Credit Union ..... DuPont, Inc ...................................... Dupont, Judy .................................... Durrant Group, The ........................... Duval, Paul ....................................... Duve, Ryan and Brenda ..................... 11 E.B. Lyons Interpretive Center ........................................................................................ ................................44 Eagle Country Market ..................................................................................................... ..99, 226, 297, 348, 349 Eagle Point Park ...................................................25, 26, 33, 34, 66, 108, 129, 130, 131, 246, 323, 375, 378, 409 Concrete Replacement Projects .................................................................................... ................................25 Fee Collector's Building Project .................................................................................. ... 33, 34, 108, 131, 323 Mozena Memorial Request .......................................................................................... ................................66 Purchase of Property at Entrance to Eagle Point Park ................................................... .............................. 378 Roofing Project ........................................................................................................... ..............................129 Eagle Point Rock Bluff Stabilization Project .................................................................... .................36, 375, 376 Scaling and Tree Removal Project ............................................................................... .................36, 375, 376 Eagle Point Water Plant Clear Well Reservoir Rehabilitation Project ................................ ......... 47, 259, 285, 309 Eagle Point Water Plant Clear Well Reservoir Renovation Project .................................... ..............................379 Eagle Point, Inc ............................................................................................................... ................................29 Eagle PointWater Plant Clear Well Reservoir Renovation Project ..................................... ..............................379 Eagles Club .................................................................................................................... ................................48 Early Times .................................................................................................................... ..............................243 East 22nd Street ............................................................................................................... .......................... 25, 74 Purchase of Property at 508 East 22nd Street for Bee Branch Creek Restoration Project . ................................74 Purchase of Property at 509 for Bee Branch Creek Restoration Project .......................... ................................25 East Central Intergovernmental Association (ECIA) ......................................................... .................30, 310, 318 East Dubuque Savings Bank ............................................................................................ .............................. 397 East Dubuque, Illinois, City of ......................................................................................... ...................... 131, 319 Eastvedt, Steven .............................................................................................................. ..............................391 Easy Street ...................................................................................................................... 178, 179, 226, 383, 463 Econo Foods ................................................................................................................... .................. 76, 77, 226 Economic Development Administration ........................................................................... .............................. 396 Economic Development Department ................................................................................ .......................... 69, 91 Economic Development Urban Renewal District .................................................56, 121, 122, 166, 167, 232, 233 Eddy, Char ..................................................................................................................... ...................... 284, 301 Eden, Timothy R ............................................................................................................. ..............................158 Edwards, James R ........................................................................................................... ..............................444 Ehlers, Jerome F ............................................................................................................. ...................... 111, 128 Ehlinger, Nicole .............................................................................................................. ..............................381 Eipperle, Kevin, Durrant Group ....................................................................................... ........................ 17, 111 Eitter, Morgan ................................................................................................................ ..............................392 El Paisano Grocery Store ................................................................................................. ................................12 Electrical Code Board .......................................................................24, 34, 58, 96, 127, 206, 220, 275, 332, 453 12 INDEX Book 137 Electrical Ordinance .................................................................................... ..................................................470 Electronic Communication Systems, Inc ...................................................... ..................................................129 Elliot, Michael ............................................................................................ ..................................................176 Elliott Equipment ........................................................................................ ....................................................45 Elliott, Timothy .......................................................................................... ....................................................98 Ellis, Charles .............................................................................................. ............................................ 80, 104 Elm Street .........................................................................................2, 36, 99, 226, 242, 312, 383, 428, 444, 454 Purchase of Property at 2249 Elm Street for Bee Branch Creek Restoratio n Project .....................................454 Request to Rezone Property at 2160 ......................................................... ..................................................444 Request to Rezone Property at 2160 (Mihalakis) ...................................... ..................................................428 Emerald Acres ............................................................................................ ......................58, 193, 194, 195, 394 Emergency Communications Center ............................................................ .............................................. 89, 91 Emergency Management Office .................................................................. .............................................. 89, 91 Emergency Operation Centers (EOC's) ........................................................ ....................................................89 Eminent Domain ......................................................................................... ...................................434, 438, 459 Encephalitis (West Nile) Monitoring ........................................................... ..................................................177 Energy Efficiency Rebate Program .............................................................. ..................................................127 Energy, Environment and Natural Resources (EENR) Committee ................. ....................................................66 Engineering Department .............................................................................. ........ 67, 91, 107, 194, 198, 444, 463 English Mill Road ....................................................................................... ....................154, 193, 380, 381, 385 English Ridge Subdivision .......................................................................... .......................................... 380, 385 English, Pastor Christopher, Third Presbyterian Church ............................... .................................................. 375 Engraved Gift Collection ............................................................................. .......................................... 439, 440 Enke, Craig ................................................................................................. ..................................................392 Ensuring the Future for Students and Communities ...................................... ...................................... 19, 20, 443 Entegee ...................................................................................................... ..................................................176 Enterprise Zone ........................................................................................... . 8, 156, 157, 206, 254, 320, 321, 469 Commission ............................................................................................ ...................................... 8, 206, 254 Funding Agreement ................................................................................. .......................................... 156, 157 Funding Agreement, Durrant Group ......................................................... ..................................................156 Recertifications ....................................................................................... .................................................. 320 Entrepreneurial Ventures Assistance (EVA) ................................................. .......................................... 173, 222 Environmental Stewardship Advisory Commission ...................................... ......................... 16, 34, 96, 153, 175 Envision 2010 ............................................................................................. ...................................287, 306, 379 Enzler, Jerry, Executive Director of the Dubuque County Historical Society . ..................................................205 Erickson, David .......................................................................................... .......................................... 242, 312 Ernst, Dan, Friends of the Mines of Spain .................................................... ....................................................91 Ernst, Jared J ............................................................................................... ..................................................391 Ernster, Duane ............................................................................................ ..................................................... 8 Erosion and Sediment Control (ESC) ........................................................... .............................................. 62, 64 Ervolino, John ............................................................................................ ..................................................262 Essential Corporate Purpose ........................................................................ ............ 349, 350, 351, 383, 384, 417 Esser, Janice ............................................................................................... ..................................................178 Esser, Kevin C ............................................................................................ .......................................... 392, 393 Eudaley, Amy ............................................................................................. ....................................................67 Europa Haus Restaurant, The ...................................................................... ..................................................380 Evanoff, Cathleen ....................................................................................... ..................................................178 Evans, Allison ............................................................................................ ..................................................390 Everist, Burton ............................................................................................ .......................................... 245, 262 Every Child/Every Promise ......................................................................... ..................................................465 Ewert, Lawrence ......................................................................................... ..................................................392 Expedited Informal Settlement Agreement with Iowa Occupational Safety an d Health Administration (IOSHA)47 Express Scripts, Inc ..................................................................................... ..................................................160 Exum, Eryka ............................................................................................... ..................................................178 Fairfield and Associates ........................................................ ........................................................................ 379 Family Mart, Inc ................................................................... .........................................................226, 298, 299 Famolo of Iowa ..................................................................... ........................................................................299 Farber, Susan ........................................................................ ................................................................ 228, 245 Farber, Terri ......................................................................... ........................................................................152 Farmer's Market ................................................................... ........................................................................123 Book 137 INDEX 13 Fat Tuesday's .............................................................................. .................................................................312 Featherston, Gail .......................................................................... ...................................................................72 Fecker, Joseph H., Jr .................................................................... .................................................................275 Federal APD ................................................................................ .................................................................126 Federal Building .......................................................................... .......................... See Historic Federal Building Federal Clean Water Act .............................................................. .................................................................163 Federal Emergency Management Agency (FEMA) ....................... ................................................................. 310 Federal Recreation Trail Grant ..................................................... ................................................................. 318 Federal Transit Administration ..................................................... ..................................................153, 157, 158 Felderman, Pat ............................................................................. ...................................................................45 Fenelon Place, Individual Historic Designation of 556 .................. ...................................................................20 Fenzel, Cari M. ,Regional Vice President of Mediacom ................ ................................................................. 304 Ferring, James ............................................................................. .................................................................227 Fiber Optic Conduit-Phase I Project .............................................. .................................................................295 Fifth Street ................................................................................... .................................................................378 Grade Crossings ....................................................................... .................................................................154 Reconstruction Project -- Alpine Street to Delhi Street .............. ........................................................... 42, 112 Reconstruction Project -- Alpine Street to Hill Street ................. .............................................. 53, 83, 126, 163 Finance Department ..................................................................... ..................40, 91, 96, 111, 238, 376, 390, 434 Financial Advisory Services ......................................................... ...................................................................44 Finch, Nash ................................................................................. ........................................................... 77, 226 Finger, Peter ................................................................................ .................................................................... 8 Finke, Andrew J ........................................................................... .................................................................294 Finley Home Addition .................................................................. ....................49, 50, 81, 82, 112, 128, 257, 284 Finley Hospital ............................................................................ ........................... 49, 50, 81, 82, 111, 257, 284 Finney, Sheila .............................................................................. ...................................................................96 Finnin Ford .................................................................................. ..................................................45, 74, 97, 98 Fire Department ........................................................................... .......................................... 76, 89, 91, 92, 297 Fire Service and Emergency Response Council ............................. .................................................................297 Fireworks .................................................................................... ..................................................100, 280, 389 Firnstahl, Kevin, Appointment to Assistant City Clerk .................. ...................................................................40 First National Bank ...................................................................... .................................................................256 First Transit ................................................................................. ..................................................11, 30, 62, 87 Amendment to Contract ............................................................ ...................................................................30 Firzlaff, Janice ............................................................................. .................................................................128 Fiscal Year 2008 Annual Action Plan ........................................... ..................................................... 15, 69, 239 Fiscal Year 2008 Budget .............................................................. ...................................................................55 Fischer Companies, The ............................................................... ............................ 309, See Plastic Center, Inc. Fischer Lanes ............................................................................... ......................................................... 226, 227 Fischer, Daniel ............................................................................. .................................................................... 8 Fish, Steven, J .............................................................................. .................................................................158 Fisher, Barbara ............................................................................ ......................................................... 228, 245 Fitzpatrick, Eric ........................................................................... ................................................................. 375 Fitzpatrick, Gregory M ................................................................. .................................................................294 Five Flags Center .....................................26, 68, 159, 226, 227, 2 60, 286, 287, 298, 307, 401, 402, 431, 458, 459 Bleacher Replacement Project .................................................. ...................................................................26 Civic Center Commission ......................................................... .................................................. 307, 312, 325 HVAC and Promenade Roof Replacement Project .................... .......................................... 401, 402, 431, 458 Sidewalk Replacement Project .................................................. .................................................................260 Five Year Capital Improvement Program ...................................... ...................................................................55 Five-Point Mart ........................................................................... ......................................................... 348, 349 Flanagan, George ........................................................................ ...................................................................98 Flesch, Melanie ............................................................................ ........................................................... 96, 111 Flesher, Shane ............................................................................. .................................................................294 Floodwall Pumping Station .......................................................... .......................................... 397, 442, 443, 462 Flora Park Horseshoe Courts ........................................................ ................................................................. 310 Flora Pool .................................................................................... ...................................................................68 Fluhr, Cheryl ............................................................................... .................................................................178 Fonck, Carolyn ............................................................................ ................................................................. 380 Food Scrap Recycling Pilot Program ............................................ .................................................................130 Fortier, Randy .............................................................................. ...................................................................96 Fountain Park Event Center .......................................................... .................................................................380 Four Mounds ............................................................................... ...11, 24, 47, 116, 177, 238, 242, 243, 253, 276 14 INDEX Book 137 Archeological Investigation ....................................................................... .................................... 11, 47, 177 Four Mounds Foundation .......................................................................... .............................24, 47, 238, 253 Four Oaks Foundation ................................................................................... ................................................390 Fox, John and Betty ...................................................................................... ..................................................76 Fraternal Order of Eagles .............................................................................. ..................... 226, See Eagles Club Frederick, Joseph .......................................................................................... ..................................................98 Freedom Riders ............................................................................................ ................................................249 Freiburger, Shane .......................................................................................... ................................................276 Freihage Enterprises ...................................................................................... ................................................380 Fritsch, Bob, Park Division Manager ............................................................. ..................................................68 Frommelt, Arthur P ....................................................................................... ........................................ 281, 438 Frommelt, Fred ............................................................................................. ........................................ 434, 438 Frontier Dubuque Hotels ............................................................................... ..................................................48 Frost, Scott ................................................................................................... ........................................ 228, 245 Fruend, Thomas M ........................................................................................ ................................................158 Furuseth, Leslie ............................................................................................ ................................................241 Future Land Use Map, 2030 .......................................................................... ......................... 101, 123, 130, 131 Future Land Use Planning for Environs ......................................................... ..................................................88 G G.M.S., Inc. (George Stephenson) ........................................ ...........................................................................45 Gabrielson, Renae ................................................................ ...........................................................................12 Gallagher Benefit Services ................................................... .........................................................................160 Gansen Excavating, Inc ........................................................ ................................................................. 220, 238 Gansen, William P ............................................................... ......................................................................... 345 Garfield Avenue .................................................................. ................................................................... 36, 138 Garfield, Alan ...................................................................... .........................................................................220 Garrigus, Lucas .................................................................... .........................................................................276 Gassman, Brooke ................................................................. ................................................................. 228, 245 Gassman, Rhonda ................................................................ ......................................................................... 376 Gasmen, Glen ..................................................................... .........................................................................276 Gateway Drive ..................................................................... ................................................................. 423, 463 Gau, Charles ........................................................................ .........................................................................158 Gau, Mary E ........................................................................ .........................................................................256 GDDC ................................................................................. ...... See Greater Dubuque Development Corporation Geisler, Todd ....................................................................... ................................................................. 228, 245 Gender Identity .................................................................... ..........................................................432, 445, 446 General Obligation Bonds .......................................... 350, 3 51, 383, 384, 404, 410, 411, 412, 416, 417, 418, 423 Asbury Plaza Lift Station and Force Main Project ............. ......................................................................... 350 General Obligation Refunding Bonds ................................... ............. 349, 350, 383, 384, 404, 416, 417, 419, 423 Essential Corporate Purpose ............................................. ................................................................. 349, 350 Refunding/Refinancing City Indebtedness ......................... .........................................................................350 Genthe, Jason ....................................................................... ...........................................................................98 Genuine Genius Solutions .................................................... ................................... 173, 177, 222, 356, 394, 395 George, Ted J ...................................................................... .........................................................................392 Geraghty, Eileen .................................................................. .........................................................................407 Gerhard, Curtis .................................................................... ..........................................................226, 243, 257 German Bank Building ......................................................... ................................................................. 199, 356 Gibbs, William .................................................................... ................................................................... 80, 104 Gibson, Michael ................................................................... ................................................................. 228, 245 Giese Properties, LLC .......................................................... ......................................................................... 378 Giese Sheet Metal Company, Inc .......................................... ................................................................. 241, 458 Gieseman, Paula .................................................................. ................................... 300, 312, 345, 391, 392, 393 Gillespie Street .................................................................... .................................................. 280, 348, 434, 438 Establishment of Fair Market Value of Property at 625 ...... .........................................................................280 Gilloon, Arthur F ................................................................. ...........................................................................72 Gilstrap, Benjamin ............................................................... .........................................................................276 Gin Rickey's ........................................................................ ................................................................... 48, 226 Gingrass, Julie ..................................................................... .........................................................................128 Ginter, Donna ...................................................................... .........................................................................117 Girl Scout Troop 7264 ......................................................... .........................................................................293 Glab, Vickie Ann ................................................................. .........................................................................276 Book 137 INDEX 15 Glaser, Ryan ............................................................................................................. ....................................453 Glenview .................................................................................................................. ....................................... 6 Gloeckner, Allen G ................................................................................................... ....................................154 Glover, Rich ............................................................................................................. ....................................... 8 GMRI Inc ................................................................................................................. .............. See Olive Garden Goal Setting, City Council ......................................................................................... ....................................306 Goebel, George, Commander, VFW 9663 .................................................................. ....................................199 Goerdt, Jason ............................................................................................................ ....................................276 Goetz's Bar ............................................................................................................... ......................................32 Goetzinger, James ..................................................................................................... ......................................32 Gonner, Stanley ........................................................................................................ ................................ 34, 58 Gonyier, Jim, ECIA .................................................................................................. ......................................30 Goodman, Catherine ................................................................................................. ............................ 169, 185 Goodman, Tom ......................................................................................................... ............. 120, 138, 169, 185 Goodmann, Teri Hawks ............................................................................................ ......................................72 Gordon Drive ............................................................................................................ ............. 111, 287, 460, 461 Government Finance Officers Association ................................................................. .....................208, 434, 438 Certificate of Achievement .................................................................................... ....................................208 Government Performance and Results Act (GPRA) Annual Products Report 2006 ...... ......................................11 Governor's Traffic Safety Grant ................................................................................ ......................................31 GPS Rover Vehicle Purchase ..................................................................................... ......................................29 Grace Street .............................................................................................................. ......312, 326, 399, 428, 445 Grade Crossings -Jones Street and Fifth Street .......................................................... ....................................154 Grand Harbor Resort ................................................................................................. ............................ 298, 424 Grand Opera House, The ........................................................................................... .................................... 311 Grand River Center ........................................................ l 1, 91, 165, 166, 198, 204, 237, 282, 304, 348, 349, 396 Carpet Replacement Project ................................................................................... ............. 165, 198, 237, 396 Grand Tap, The ......................................................................................................... ....................................380 Grandview Avenue ................................................................................................... ............. 174, 209, 241, 433 Relocation of Fire Station #5 ................................................................................. ......................................41 Grandview Avenue Pet Park ...................................................................................... ...... 172, 209, See Dog Park Grandview Avenue Steel Girder Repair Over US 52 .................................................. .................................... 379 Grandview Gallop ..................................................................................................... ....................................173 Grandview Methodist Church .................................................................................... ....................................463 Grandview Pet Park .................................................................................................. ......198, 206, See Dog Park Grape Harbor ............................................................................................................ ....................................380 Grassley, Senator Charles E ....................................................................................... ............................ 239, 256 Great Lakes Archeological Research Center ............................................................... ............................ 177, 208 Great River Technologies, LLC ................................................................................. ............... 56, 121, 122, 123 Great Rivers Center ................................................................................................... .............................. 87, 204 Great Rivers Center and Rivers to the Sea Exhibit ...................................................... ......................................87 Greater Downtown Urban Renewal District 13, 17, 18, 37, 38, 59, 60, 76, 147, 148, 149, 150, 199, 288, 314, 315, 358, 359, 361, 366, 367, 402, 403, 409, 462, 465, 466, 467, 468 Greater Dubuque Development Corporation ................................................... 62, 70, 88, 126, 221, 237, 253, 427 Appointment to the GDDC Board of Directors ....................................................... ....................................237 Green Communities Initiative .................................................................................... ....................................316 Green Community ..................................................................................................... .............................. 67, 316 Green Designation .................................................................................................... ...................................... 98 Green Sustainable Design Assessment Team ............................................................. ......................................24 Green, Bob, Water Department Manager ................................................................... ......................................67 Green, Edward A ...................................................................................................... ...................................... 99 Green, Linda ............................................................................................................. ....................................383 Gregorich, John G ..................................................................................................... ....................................391 Greve, James ............................................................................................................ ......................................98 Grierson, Robert, Airport Manager ............................................................................ ......................................70 Griesinger, Michael ................................................................................................... ......................................98 Gronen Properties ..................................................................................................... ....................................275 Gronen, John ............................................................................................................ ....................................275 Ground Round, The .................................................................................................. ....................................100 GSS, Inc ................................................................................................................... ....................................393 Gukeisen, Michael .................................................................................................... ........................ 58, 80, 329 Gullikson, Jean ......................................................................................................... ....................................152 Guoling, Zhao, Mayor of Handan, China ................................................................... ......................................47 16 INDEX Book 137 H Habel, Cyril G .................................................................................... ..........................................................275 Hafenbredl, Steven C .......................................................................... ..........................................................294 Haggerty Enterprises ........................................................................... ..........................................................283 Halfhill, Jerry ...................................................................................... ............................................................. 8 Hall, Frank (Amtrak) ........................................................................... .......................................................... 308 Hall, Kris ............................................................................................ .................................................. 294, 425 Hall, Rich ........................................................................................... .................................................. 120, 138 Hammerhead's Bar and Billiards ......................................................... .............................................. 48, 99, 226 Handan, China .................................................................................... .............................................47, 329, 375 Handicapped ....................................................................................... ..............................68, 189, 190, 266, 267 Hanna, Isaac ....................................................................................... ........................................... 376, 377, 378 Hansel, Richard V. and Charlene L ...................................................... ..........................................................251 Hansen, Diane .................................................................................... ..........................................................332 Hansen, Joe ........................................................................................ ............................................................70 Hanson, Dave F .................................................................................. ..........................................................391 Hanson, David F ................................................................................. .......................................................... 391 Happy Joe's Pizza ............................................................................... ..........................................................380 HappY's Place ..................................................................................... .................................................. 323, 324 Harjehausen, Gary .............................................................................. .................................................. 213, 228 Harris, Dan ......................................................................................... ...................................................... 34, 58 Harris, David, Housing and Community Development Manager ........... ...............69, 128, 348, 374, 405, 464, 469 Harris, Greg ........................................................................................ ..........................................................392 Hartig Drug ........................................................................................ ........... 32, 76, 77, 116, 178, 179, 242, 463 Hartig, Robert ..................................................................................... ............................328, 329, 351, 428, 461 Haubel, Rick ....................................................................................... ............................................................70 Hauge, Joan, Interim Pastor, St. John's Lutheran Church ...................... ..........................................................249 Haun's Specialty Meats ....................................................................... .................................................. 242, 243 Haupert, David ................................................................................... .......................................................... 391 Hawkeye Truck ................................................................................... .................................................... 75, 131 Hayes, Cheryl J ................................................................................... ..........................................................332 Hazard Mitigation Grant Program ........................................................ .................................................. 310, 376 HCC Life Insurance Company ............................................................. ..........................................................222 HDR Engineering, Inc ......................................................................... .................................................. 256, 297 Heacock, Paul ..................................................................................... ..........................................................352 Health Services Department ................................................................ ...................................................... 70, 91 Healy, Pat ........................................................................................... ............................................................69 HEART Program ................................................................................ ..........................................................238 Hebblewhite, Christopher N ................................................................ ..........................................................158 Hefel Frommelt LLC .......................................................................... ..........................................................226 Hefel, William .................................................................................... ............................................................98 Heiar, Dave, Economic Development Director ..................................... .............................................69, 203, 353 Heiderscheit, Karn .............................................................................. ..........................................................178 Heim Enterprises, Inc .......................................................................... .......................See Hudson's Classic Grill Heim, Brian ........................................................................................ ............................................................98 Heim, Jean .......................................................................................... ..........................................................275 Heimke, Wesley A .............................................................................. .................................................. 390, 407 Heitz, Mike ......................................................................................... ............................................................68 Helgerson, Sandi ................................................................................. ......................................................24, 70 Heller Family Realty Company, LLC .................................................. ............................................................. 4 Helping Services of Northeast Iowa ..................................................... .................................................... 70, 221 Hemmer, Paul ..................................................................................... .................................................. 169, 185 Hempstead High School ...................................................................... ...........................................203, 425, 426 Henderson Truck Equipment ............................................................... .................................................... 75, 131 Henricks, Susan, Library Director ........................................................ .................................................... 70, 152 Henry, Shayne M ................................................................................ ..........................................................391 Henschel - McNamer Place ................................................................. .......................................................... 303 Henschel, Thomas and Sheri ............................................................... .................................................. 322, 328 Henschel's Hidden Acres .................................................................... .................................................. 322, 328 Herber, John and Valerie ..................................................................... .................................................. 275, 294 Heritage Trail ..................................................................................... .................................................. 253, 394 Bridge Replacement Project ............................................................ ..........................................................253 Book 137 INDEX 17 Herman, Paul A .............................................................................. .............................................................. 345 Hernandez Corporation ................................................................... ..............................................................424 Hernandez, Brenda, J ...................................................................... ..............................................................345 Heron Pond Tree Removal Project ................................................... ................................... 14, 61, 100, 151, 152 Herrig, John .................................................................................... ...................................................... 246, 301 Herron, Dorothy .............................................................................. ..............................................................434 Hess, Susan .................................................................................... ...................................................... 228, 245 Hessel, Tina .................................................................................... ................................................................12 Hesselbacher, Brad ......................................................................... ..............................................................276 Heyer, Linda A ............................................................................... ..............................................................256 Higbie, DeVon ................................................................................ ................................................................98 Hilkin, Beth .................................................................................... ...................................................... 238, 275 Hill Street ....................................................................................... ............. 32, 53, 54, 55, 84, 99, 126, 127, 444 Hill Street Plaza, Inc ....................................................................... ................................................................ 32 Hillcrest Family Services ................................................................ ...................................................... 202, 396 Hillman, Peter ................................................................................. ..............................................................276 Hills and Dales ............................................................................... ...................................................... 221, 279 Hilton Garden Inn ........................................................................... ...................................................... 323, 324 Historic Federal Building .12, 13, 32, 50, 51, 59, 78, 79, 96, 97, 108, 109, 116, 124, 129, 131, 149, 178, 274, 312, 314, 317, 324, 325, 331, 332, 346, 350, 353, 373, 374, 375, 401, 4 02, 427, 428, 440, 442, 463, 466 Asbestos Removal ....................................................................... ........................................................ 32, 116 AV Equipment Purchase ............................................................. ..............................................................129 Monumental Sign ........................................................................ ..............................................................274 Rehabilitation Project .................................................................. .................................................. 32, 50, 108 Sidewalk Replacement Project ..................................................... .............................................................. 346 Window Repair/Lead Abatement Removal Project ....................... ........................................................ 78, 178 Historic Old Main Street ................................................................. .................................................... 51, 83, 97 Lighting and Sidewalk Replacement Project ................................. ..................................... 51, 83, 97, 116, 131 Historic Preservation Commission8, 20, 24, 31, 42, 69, 72, 111, 116, 126, 127, 153, 156, 197, 199, 200, 206, 208, 238, 244, 249, 261, 317, 376, 379, 453, 454 Vacant Historic District Seats ...................................................... ..............................................................126 Historic Preservation Rehab Grant Program ..................................... ................................................................69 Historic Preservation Revolving Loan Fund ..................................... ................................................................32 Historic Resource Development Program (HRDP) ........................... ........................................................ 30, 172 History Pays! .................................................................................. ..............................................................208 Hi-Tech Rockfall Construction, Inc ................................................. .............................................................. 376 Hodge Transfer ............................................................................... ..............................................................104 Hodge, Tim .................................................................................... ...................................................... 104, 121 Hoene, Christopher, National League of Cities ................................. ..............................................................174 Hoffman House/3100 Club .............................................................. ...........4, See Midway Hotel/Hoffman House Hoffman, David H .......................................................................... ...................................................... 131, 439 Hoffman, Paul ................................................................................ ...................................................... 213, 228 Hoffman, Tom A ............................................................................ ...................................................... 332, 390 Hogan, Cory ................................................................................... ................................................................98 Hogan, Michael C ........................................................................... ..............................................................238 Hold Harmless Agreement -Firearms Training ............................... ..............................................................225 Holiday Inn Dubuque ...................................................................... ...................................................... 390, 459 Hollywood, Florida, City of ............................................................. ..............................................................276 Holy Family Catholic Schools ......................................................... ...............................................116, 153, 407 Homb, Darrin D .............................................................................. ..............................................................391 HOME ............................................................................................ ...........................................49, 82, 128, 444 Home Builders Association of Iowa ................................................. ...................................................... 153, 163 Homeland Security and Emergency Management ............................. .............................................................. 310 Homeland Security, Department of .................................................. ...............................................220, 297, 376 Homeowner Loan Programs ............................................................ ................................................................47 Hoppman, Larry .............................................................................. ..............................................................276 Horizon Development Group, LLC .................................................. ................. 1, See Dubuque Technology Park Horseshoe Court Sanction Certificate .............................................. .............................................................. 310 Horsfall, Barb ................................................................................. ..............................................................194 Horsfield Construction, Inc ............................................................. ....... 10, 28, 29, 126, 127, 185, 204, 345, 390 Horsfield, Matt ............................................................................... ..............................................................185 Horsfield, Tim, Parking System Supervisor ...................................... ........................................................ 69, 123 Hospitality Patrol ............................................................................ .............................................................. 303 18 INDEX Book 137 Houlihan's Restaurant ........................................................................................ ...........................................324 House of China .................................................................................................. ................................... 242, 243 Housing Advisory Trust Fund ............................................................................ ...............24, 332, 348, 380, 404 Housing and Community Development Department ................. 7, 24, 45, 69, 90, 91, 129, 160, 320, 332, 374, 438 Housing Code Appeals Board ............................................................................. ................ 16, 34, 111, 275, 460 Housing Commission ......................................24, 34, 41, 58, 80, 96, 111, 127, 2 08, 220, 249, 280, 284, 300, 332 Housing Services Department ............................................................................. ..................................... 41, 154 Howe Sales Company ........................................................................................ ....................................... 96, 97 HSBC Mortgage Services, Inc ............................................................................ ...........................................376 HUD Lead Paint Hazard Control Grant ............................................................... ...........................................155 Hudson's Classic Grill ....................................................................................... ................................... 116, 117 Huinker, Lisa ..................................................................................................... ................................... 238, 275 Human Relations Ordinance ............................................................................... ................................... 432, 445 Human Rights Commission .................................... 24, 96, 127, 175, 220, 249, 2 94, 332, 376, 407, 432, 453, 460 Human Rights Annual Report ......................................................................... ...........................................453 Human Rights Department ................................................................................. ................................. 40, 69, 91 Humke Court ..................................................................................................... ...........................................265 Humke Road ...................................................................................................... ...........................................265 Hurricane Katrina .............................................................................................. ...........................................432 Huseman, Larry and Brenda ............................................................................... ...........................................453 Hwang, Hwang .................................................................................................. ...........................................131 Hwy 151 & 61 Development, LLC ..................................................................... ..............................98, 395, 396 Hy-Vee ........................................................................ 99, 116, 117, 178, 179, 2 26, 227, 297, 323, 439, 440, 459 Ibrico, Inc .......................................................................................................... ...........................................312 Ice Harbor Transient Boat Dock Project .............................................................. .. 215, 247, See Port of Dubuque ICN .............................................................................. See Iowa Communications and Technology Commission IlW Engineers ...........................31, 46, 48, 49, 80, 81, 128, 176, 183, 213, 214, 2 24, 254, 322, 346, 347, 352, 395 Improvement Contracts /Performance, Payment and Maintenance Bonds. 4, 12, 48, 100, 116, 131, 163, 178, 209, 242, 282, 297, 379 Indecent Exposure .............................................................................................. ................................... 385, 386 Individual Historic Designation .......................................................................... ...................... 20, 244, 303, 352 40-42 Main Street .......................................................................................... ............................244, 303, 352 565 Fenolon Place .......................................................................................... .............................................20 I-Net ............................................................................................... 75, 160, 242, See Institutional Network User Information Services Department ....................................................................... ....................................... 68, 91 Instant Replay .................................................................................................... ................................... 226, 439 Institutional Network User ................................................................................. ...........................................160 Instructional Support Levy ................................................................................. .............................................75 Intercultural Competency ................................................................................... ........................................... 306 International Code Council ................................................................................. .............267, 268, 269, 272, 289 International Council for Local Environmental Initiatives (ICLEI) ....................... .............................................40 International Mechanical (Heating, Air Conditioning and Ventilating) Code 2006 ...........................................267 International Plumbing Code 2006 ...................................................................... ...........................................268 International Residential Code 2006 ................................................................... ...........................................269 International Union of Operating Engineers Local #758 ...................................... ............................... 72, 73, 308 Interstate Building, LLLP ................................................................................... ...........................................314 Interstate Power ....................................... 112, 169, 184, 185, 205, 214, 215, 314, 315, 439, See Port of Dubuque Investment Oversight Advisory Commission ...................................................... 24, 153, 154, 244, 261, 275, 390 Quarterly Report ............................................................................................ ...................... 24, 154, 275, 390 Invocation Anderson, Father Gabriel, St. Columbkille's Catholic Church .......................... .............................................41 Bickel, Dr. Ken, First Congregational U CC .................................................... ...........................................407 Buol, Mayor Roy D ........................................................................................ ................................... 153, 390 De Corah, Reverend Robert, Grandivew Heights Baptist Church ..................... ...........................................275 Dotson, Reverend Doctor Jim, Grandivew United Methodist Church ............... ...........................................206 English, Pastor Christopher, Third Presbyterian Church ................................... ........................................... 375 Hauge, Joan, Interim Pastor, St. John's Lutheran Church ................................. ...........................................249 Hirschy, Assistant Pastor Sean, Word of Life Church ...................................... ...........................................175 Maloy, Sr. Paula, SVM ................................................................................... ...........................................220 Mason, Captain Tom, Salvation Army ............................................................ ........................................... 332 Book 137 INDEX 19 Nolan, St. PeggY> BVM .................................................................................. ...........................................294 O'Brien, Reverend Joseph, Archdiocese of Dubuque ....................................... .............................................. 1 Oakland, Reverend Jerry, St. Luke's Methodist Church ................................... .............................................72 O'Connor, St. Mary Agnes .............................................................................. ...........................................453 Pacholke, Chaplain David, Finley Hospital (Methodist) ................................... .............................................24 Rankin, Reverend Dr. Ronald, United Methodist Church ................................. ........................................... 317 Ressler, Reverend Wayne, St. Raphael's Cathedral .......................................... ...........................................238 Sheppley, Reverend Ed, Immanuel Congregational United Church of Christ .... .............................................. 8 St. George, Victor, St. Matthew Lutheran Church ............................................ ............................................. 96 Thoman, Reverend Dwayne, Nativity Church ................................................. ........................................... 307 Tyler, Elder Robert, Arbor Oaks Bible Chapel ................................................ ...........................................434 Wadding, Reverend, Judy, Hillcrest Family Services ....................................... ...........................................111 Young, Reverend Thomas W., Westminster Presbyterian Church .................... ...........................................127 Iowa 32 (Southwest Arterial) Corridor ................................................................ .............231, 232, 262, 263, 264 Zoning Ordinance Text Amendment ............................................................... ...........................................231 Iowa Association of Chiefs of Police and Peace Officers ..................................... ...........................................110 Iowa Association of School Boards .................................................................... ...........................................110 Iowa Clean Air Attainment Program (ICAAP) .................................................... ................................... 346, 437 Iowa Coalition Against Sexual Assault ............................................................... ...........................................110 Iowa Communications and Technology Commission .......................................... ....................................... 50, 82 Iowa Communities Assurance Pool.... 1, 8, 24, 41, 72, 111, 128, 154, 176, 206, 221, 238, 275, 294, 307, 317, 332, 376, 390, 407, 434, 453 Iowa County Attorney's Association .................................................................. ...........................................110 Iowa Department of Cultural Affairs ................................................................... ...........................................282 Iowa Department of Economic Development ..................24, 30, 156, 157, 173, 2 22, 239, 254, 320, 321, 395, 444 Iowa Department of Natural Resources (IDNR) ..29, 63, 64, 76, 129, 246, 247, 252, 253, 259, 285, 309, 332, 333, 409 Iowa Department of Public Health (IDPH) .......................................................... ........................................... 376 Iowa Department of Recreation .......................................................................... ...........................................238 Iowa Department of Transportation . 3, 10, 15, 86, 87, 138, 154, 155, 218, 219, 231, 232, 238, 263, 264, 281, 296, 297, 318, 319, 346, 379, 387, 436, 437 Final Traffic Control System Improvements Agreement .................................. ...........................................436 Portland Cement Concrete Patching Project (U.S. 20) ...................................... .............................................. 4 Iowa Direct Equipment and Appraisal, L.C ......................................................... .............................................26 Iowa Finance Authority ......................................................258, 259, 285, 309, 3 23, 332, 333, 334, 338, 348, 394 Iowa Great Places .............................................................................................. ........................ 31, 75, 129, 282 Iowa Homeland Security and Emergency Management Division ......................... ........................................... 310 Iowa Independent Automobile Dealers Association ............................................. .............................................. 3 Iowa League of Cities ........................................................... 24, 66, 110, 274, 3 04, 317, 373, 398, 432, 463, 464 2007 Conference Budget ................................................................................ ........................................... 317 2011 Annual Conference and Exhibit .............................................................. ....................................... 24, 66 Iowa Metropolitan Coalition ............................................................................... ...........................................463 Iowa Occupational Safety and Health Administration (IOSHA) ........................... .............................................47 Iowa Potato & Produce House ............................................................................ ....100, 226, See Tobacco World Iowa Small Business Development Center .......................................................... ...........................................398 Iowa State Association of Counties ..................................................................... ...........................................110 Iowa State Historic Preservation Office .............................................................. ................................... 129, 454 Iowa State Sheriffs and Deputies' Association ................................................... ...........................................110 Iowa State University Extension ......................................................................... ...........................................253 Iowa Street ............................................................................... 116, 149, 161, 2 26, 297, 298, 299, 311, 375, 466 Demolition of Property at 620 Iowa Street ...................................................... ...........................................115 Subordination Agreement for 890 Iowa Street ................................................. .............................................. 1 Iowa Workforce Development ............................................................................ ...........................................375 Iowa/Locust Street Parking Ramp Restoration Project ......................................... ...........................................161 Isaac Hanna Subdivision .................................................................................... ................................... 376, 377 Isaac, George ..................................................................................................... ................................... 376, 378 Isabella's at the Ryan House ............................................................................... ....................................... 76, 77 Isenhart, Chuck .................................................................................................. .............................................70 Isenhart, R.J. (Bud) ............................................................................................ ...........................................233 ITC Midwest LLC ............................................................................................. ...........................................439 20 INDEX Book 137 J J & P O'Hara, Inc .................................................................................................. .......................................380 Jackson Park .......................................................................................................... ..........................44, 261, 373 Jackson Street .....................................................................................76, 164, 226, 242, 243, 265, 266, 311, 458 Drop-Off/Pick Up Lane for 2501 Jackson Street Child Care Center ..................... .........................................76 Jackson, Alphonso, Secretary, US Department of Housing and Urban Development .......................................130 Jahns, Ronald ......................................................................................................... ............................... 351, 380 James Madison, Inc ................................................................................................ ....................................... 324 Jamis, LLC ............................................................................................................ .100, See Ground Round, The Jellison, Jill ............................................................................................................ .......................................434 Jensen, Jeremy ....................................................................................................... .......................................391 JEO Consulting Group ........................................................................................... .......................................433 Jerelyn O'Connor, Neighborhood Development Specialist ...................................... ....................................... 317 Jo Davies County, Illinois ..................................................................................... ............................... 131, 319 Jochum, Pam, State Representative ......................................................................... .......................................159 Joey's Seafood &Grill ........................................................................................... .......................................380 Johanningmeier, Eric ............................................................................................. .........................................98 John F. Kennedy Road ..... 4, 48, 67, 77, 88, 100, 111, 138, 154, 172, 177, 209, 226, 227, 238, 275, 287, 288, 297, 307, 328, 349, 424, 425, 433, 439, 440, 441, 442, 459, 460, 461 Installation of Sidewalks .................................................................. 67, 88, 100, 111, 172, 177, 209, 238, 307 Sidewalk Construction Project from Asbury Road to the NorthwestArterial ........ ................ 287, 297, 440, 460 Johnson, Erica ....................................................................................................... ............................... 284, 301 Johnson, Gary ........................................................................................................ .......................................104 Johnson, Mike ....................................................................................................... ...77, 312, See Chances R Bar Jones Street ............................................................................................................ ................ 154, 155, 403, 468 Jones, Alan and Margaret ....................................................................................... ............................... 128, 154 Jones, David A ....................................................................................................... ............................... 128, 154 Jones, Eric ............................................................................................................. .......................................276 Jones, Jim C ........................................................................................................... .......................................453 Jones, Roger .......................................................................................................... .......................................238 Jordahl, Julie .......................................................................................................... .........................................72 Jorja's Restaurant ................................................................................................... ............................... 242, 243 Julien Care Facility ................................................................................................ .......................................265 Julien Care Place .................................................................................................... ............................... 264, 265 Julien Inn, The ....................................................................................................... ........................163, 164, 439 Jumpers Sports Bar ................................................................................................ .......................................424 Jungblut, Jr., Robert D ........................................................................................... .......................................294 Juskiewicz, T.J., RAGBRAI Director ..................................................................... .......................................256 Justice Assistance Grant (JAG) 2007 ...................................................................... ............................... 224, 310 K Kalloway, Daniel C ................................... Kalmes Breaktime Bar and Grill ................ Kalmes Brothers, LLC .............................. Kames, Louise .......................................... Kamp, Mary Lou ...................................... Kane Street ............................................... Kane, Brian .............................................. Kane, Michael .......................................... Kapler, David ........................................... Karwoski, Sr. Carol ................................... KATF Radio ............................................. Kaufman, Paul and Nancy ......................... Kaufmann Avenue .................................... Alley Storm Sewer Construction Project Kaufmann, Eric ......................................... Kautz, Richard .......................................... K-Cap Foods, Inc ...................................... KDTH Radio ............................................ Kean, Nick ............................................... Kearney, James ......................................... Book 137 INDEX 21 Kebbie Drive ...................................................................................... ...........................................196, 302, 327 Kehoe, Thomas J ................................................................................ ............................................................24 Keith, Grace ....................................................................................... ..........................................................275 Kelleher, Lorraine ............................................................................... .................................................. 111, 128 Keller, Denise ..................................................................................... ..........................................................275 Kelley, Dave ....................................................................................... ..........................................................209 Kelley, Kathleen R .............................................................................. .................................................. 428, 461 Kelley, Neil ........................................................................................ ..........................................................376 Kelly Lane .......................................................................................... ...........................................12, 13, 34, 35 Kelly, Michael .................................................................................... .................................................. 103, 120 Kelly, Michael J .................................................................................. .................................................. 158, 391 Kendall Hunt Publishing Company ...................................................... .............................................56, 121, 159 Kernall, Scott ...................................................................................... ..........................................................294 Kerper Boulevard ................................................................................ ...................... 99, 116, 173, 183, 213, 214 Industrial Park ................................................................................. ..........................................................173 Kerper, Mary Pat ................................................................................ .......................................................... 352 Key West Conoco ............................................................................... ..........................................................463 KeyLine Transit .................................................................................. ..........................2, 62, 157, 158, 203, 329 Free KeyLine Bus Rides for School Students ................................... ..........................................................253 Free Rides Program ......................................................................... ..........................................................203 Monthly Pass .................................................................................. ..........................................................203 Transportation Clerk ....................................................................... ............................................................87 Keymont Drive ................................................................................... ....................................... 49, 82, 109, 125 Keystone Area Education Agency ....................................................... ..........................................................160 Keystone Drive ................................................................................... .......................................49, 82, 109, 125 Keywest Conoco ................................................................................. ...........................................226, 227, 242 KGRR Radio ...................................................................................... ..........................................................280 Kieffer Place ....................................................................................... ............................................................. 6 Kienzle, Becky S ................................................................................ ..........................................................276 Kies, Peter V ....................................................................................... ..........................................................453 Killburg, Ryan .................................................................................... ..........................................................460 Kinsella, Doris .................................................................................... ..........................................................154 Kinsella, William J .............................................................................. ......................................................16, 34 Kinseth Hotel Corporation ................................................................... ................. 459, See Holiday Inn Dubuque Kintzinger, Bart .................................................................................. .................................................. 228, 245 Kirkwood Street .................................................................................. ..........................................................256 Kissimmee, Florida ............................................................................. ..........................................................256 Kivlahan Farms .................................................................................. ..................................... 96, 138, 155, 177 Request to Rezone Property at Northwest Arterial and John F. Kennedy Road ............................................138 Kivlahan, John .................................................................................... ................................... 139, 327, 328, 329 Klaas, Shane P .................................................................................... ..........................................................111 Klauer Construction Company ............................................................. ...........................................108, 131, 323 Klauer Development Corporation ........................................................ ...........................................162, 209, 408 Klauer Properties ................................................................................ ................................ See Port of Dubuque Klauer, Roger ..................................................................................... .................................................. 301, 302 Klausner, Mark, Art's Way/Vessels, Inc ............................................... ..........................................................286 Klein, Karla ........................................................................................ ..........................................................178 Klein, Kevin ....................................................................................... ..........................................................391 Klein, Ron .......................................................................................... .............................................. 58, 59, 193 Kloft, Chris L ..................................................................................... ..........................................................345 Kluck Construction ............................................................................. ..............................26, 129, 299, 313, 397 Kluck Partnership ............................................................................... ............................213, 234, 235, 299, 314 Kluesner, Kay ..................................................................................... ..........................................................178 Kluesner, Loras ................................................................................... ........... 8, 98, 158, 294, 345, 391, 392, 393 K-Mart ............................................................................................... ..........................................................226 Knepper, Joshua .................................................................................. ..........................................................392 Knicker's Saloon ................................................................................ ................................... 226, 242, 243, 257 Kniest Street ....................................................................................... ...........2, 36, 276, 277, 308, 319, 383, 428 Purchase of Property Located at 2010 .............................................. .......................................................... 308 Purchase of Property Located at 2106 .............................................. .......................................................... 319 Knights of Columbus .......................................................................... .................................................. 116, 117 Koch ,Michael and Mary Ann ............................................................. ..........................................................128 Koch, Scott ......................................................................................... ..........................................................392 22 INDEX Book 137 Koch, Thomas ................................................... Koehler, Marilyn Mae ........................................ Koester, Nancy J ................................................ Kohl, James ....................................................... Kohl, Paul .......................................................... Kohlmann, Chris, Information Services Manager Kolf, James ........................................................ Kopp> Thomas R ................................................ KOR Office Interiors of Cedar Rapids ................ Kotz, Kevin ....................................................... Kraemer Brothers, LLC ...................................... Kramer, Gary ..................................................... Kramer, Travis ................................................... Kramer, William ................................................ Kratz, Kevin D ................................................... Krayer, Dorothy ................................................. Kremer, Eric J .................................................... Kress Industrial Facility ..................................... Kress, Toby ....................................................... Kress, Troy W ................................................... Kretz, Emily ...................................................... Krieg, David F ................................................... Kringle's Subdivision ......................................... Kritz, Kyle, Assistant Planner ............................. Krueger, Otto ..................................................... Kruser, Adam .................................................... Kuhlmann, Nicole .............................................. Kutsch Place ...................................................... Kutsch, Dr. Leonard ........................................... Kuttler, William ................................................. Kwik Stop ......................................................... Kwik Trip, Inc ................................................... L & J Properties Dubuque, LLC ........... L & L Investment ................................. L. May Restaurant ................................ Labor-Management Relations Funding . Lahey, Ed ............................................ Lake Ridge Drive ................................. Lakeview Drive ................................... Lally, Nancy ........................................ Lammers, Brian ................................... Campers, Troy ..................................... Landis, Dick ........................................ Lang, Susan ......................................... Lange Sign Group ................................ Lange, Mark ........................................ Langworthy Urban Revitalization Area. Larsen, Beverly .................................... Larson, Jennifer M., Budget Director.... Larson, Kara ........................................ Larson, Kelly, Human Rights Director.. Las Margaritas ..................................... Latham, Lisa ........................................ Lattner, Tim J ...................................... Lau, Suzan ........................................... Laufenberg, Greg ................................. Lawrence, Christopher ......................... Lawther Street ..................................... LB Metcalf, Inc .................................... Leach, Corey ....................................... 166, 167, 232, 233 ...................... 304 ..............398, 399 ........................ 32 ...................... 392 .............. 109, 264 ...................... 322 ......................... 8 .............. 105, 193 ......................... 1 ..............329, 375 ......................178 ......................247 ........................72 ........................45 .............. 179, 226 ......................438 ......................294 ........................40 ......................439 ...................... 332 ......................158 ......................178 ..............440, 461 ........................ 98 ..............400, 430 ..............243, 311 ........................ 98 Book 137 INDEX 23 Lead Hazard Control Program .............................................................................................. .. 4, 47, 98, 239, 463 Lee's 76 West Locust Mart ................................................................................................... ...........................32 Leeter, Adam ....................................................................................................................... ............................ 8 Legal Department ................................................................................................................ ..................... 40, 91 Legionnaires Drum & Bugle Corps ....................................................................................... .........................227 Legislative Correspondence ...............................................................11, 31, 75, 97, 111, 13 0, 159, 256, 280, 297 Delinquent Utility Account Collection Legislation ............................................................ .........................130 Economics Appropriations Bill ......................................................................................... .........................159 Energy Efficiency Block Grant program ........................................................................... .........................280 FCC Rule on Franchising Authorities ................................................................................ ...........................31 General Aviation Fee Increase .......................................................................................... .........................256 Health Center Funding Increase ........................................................................................ ...........................31 House Study Bill 192 Regarding Changes To Iowa's Workers' Compensation Law ........... ...........................97 Iowa Great Places Funding ............................................................................................... ........................... 31 Iowa Historic Preservation Tax Credit Program ................................................................. ...........................12 Opposing SF 554 Preventing Communities from Acquiring a Cable Television Franchise .. .........................111 Science and Transportation Committee ............................................................................. ...........................31 Senate Study Bill 1208 Cable Television Franchising ........................................................ ...........................75 State-Wide Labor-Management Program .......................................................................... .........................159 Trail Development/Iowa Great Places ............................................................................... ...........................75 Transportation Investment Moves the Economy in the 21st Century (TIME-21) ................. ................... 97, 111 Why are Downtowns Important ........................................................................................ .........................297 Legislative Priorities ............................................................................................................ ..........274, 405, 470 Lehman, Eric ....................................................................................................................... .........................276 Leib, Robin .......................................................................................................................... .........................390 Leibfried, Betty .................................................................................................................... .........................217 Leicht, Karen ....................................................................................................................... .........................275 Leifker, David W ................................................................................................................. ...........................98 LeMay, Eillen ...................................................................................................................... .........................375 Lemmers, Allison ................................................................................................................ ...........................41 Lenox Addition ...............................................................................................................10 0, 101, 120, 121, 231 Lenox Street ........................................................................................................................ ......................... 378 Leo's Pub ..................................................................................................See DaVinci's Restaurant and Lounge Leoppke, Larry .................................................................................................................... .........................153 Leppert, Kenneth J ............................................................................................................... .........................241 Lester, Christopher J ............................................................................................................ ................... 98, 391 Leytem, Jr., John J ............................................................................................................... .........................158 Liberty Bank ........................................................................................................................ .........................397 Liberty Station LLC ............................................................................................................. ................. 226, 311 Library Board of Trustees ............................ 1, 24, 96, 127, 152, 175, 220, 228, 245, 249, 275, 307, 332, 390, 453 Library Department ..............................................................................70, 91, See Carnegie-Stout Public Library Lien Oriental American ........................................................................................................ ................. 131, 132 Lien, Jennifer ....................................................................................................................... ................. 228, 245 Lightedge Internet Services .................................................................................................. ...........................32 Lincoln Avenue ................................................................................................................... ......................... 308 Purchase of Property located at 509 for Bee Branch Creek Restoration Project ................... .........................308 Lincoln School ..................................................................................................................... ................... 42, 159 Lincoln's Melancholy, Presentation of DVD ......................................................................... .........................175 Lindahl, Barry, City Attorney...l, 8, 23, 24, 39, 40, 41, 62, 71, 72, 91, 96, 111, 127, 147, 152 , 175, 206, 218, 220, 236, 238, 249, 275, 280, 286, 305, 306, 307, 316, 317, 331, 332, 374, 375, 376, 389, 390, 406, 407, 433, 434, 452, 453, 462 Lindecker, Roger H .............................................................................................................. ............................ 6 Lindsay, Susan ..................................................................................................................... ................. 228, 245 Lindstrom, Carole, Dubuque by Carriage .............................................................................. ...........................30 Link, Christy ........................................................................................................................ ................. 206, 221 Links Glen Condominium Development ............................................................................... .........................223 Links Glen Place .................................................................................................................. .........................223 Liquor License Transfers ...................................................................................................... .........................256 Liquor Licenses 4, 12, 32, 48, 77, 100, 117, 132, 163, 179, 210, 227, 243, 257, 266, 283, 298 , 304, 312, 324, 349, 380, 398, 424, 439, 459 Lisle, Sharon ........................................................................................................................ .........................178 List of Claims and Summary of Revenues ........................... 8, 24, 96, 111, 176, 220, 249, 275, 307, 376, 390, 453 Little, Tracey ....................................................................................................................... ................. 249, 275 24 INDEX Book 137 Litts, Jamie ...................................................... .............................................................................................178 LoBianco, Dan ................................................. ........................................................................ 70, 287, 431, 462 LoBianco, Joe .................................................. .............................................................................................156 Lochner, Brian J ............................................... ..................................................................................... 158, 391 Lochner, Kim ................................................... .............................................................................................276 Locust Street... 29, 117, 127, 149, 150, 161, 164 , 179, 209, 226, 227, 242, 243, 297, 323, 403, 433, 436, 437, 466, 467, 468 Logan, Samuel I ............................................... .............................................................................................158 Lois Street ....................................................... .................................................................. 4, 5, 36, 37, 100, 250 Sanitary Sewer Project ................................. ........................................................................ 4, 5, 37, 100, 250 Loney, Linda M ............................................... ..................................................................................... 154, 176 Long Range Planning Advisory Commission.... ..8, 11, 24, 71, 72, 76, 88, 111, 120, 126, 130, 197, 238, 244, 245, 261, 280, 317, 373, 452, 462 Loras Boulevard .............................................. .............................................................48, 80, 81, 207, 208, 316 Traffic Signalization Project ......................... .............................................................................................207 Loras College .................................................. .......... 48, 49, 80, 81, 111, 163, 164, 316, 348, 349, 398, 399, 407 Mutual Indemnification Agreement .............. .............................................................................................111 Pedestrian Bridge Irrevocable License .......... .............................................................................................407 Request to Purchase a Portion of Cox Street .. ............................................................................................. 316 Request to Vacate and Purchase Alleys Between Alta Vista and North Booth Streets .............................. 48, 80 Lorenz, Krystle ................................................ .............................................................................................275 Los Aztecas Mexican Restaurant ...................... ..................................................................................... 298, 299 Lot One ........................................................... ..................................................................................... 131, 132 Lotz, Jennifer C ............................................... .............................................................................................276 Lounge, The .................................................... ...............................................................................................12 Love, Phillip .................................................... ...............................................................................................12 Luchsinger, Richard ......................................... ..................................................................................... 284, 300 Lucky 13 ......................................................... ..............................................................................242, 311, 312 Lucy, Nick ....................................................... .............................................................................................199 LuGrain, Lana ................................................. .............................................................................................100 Lynch, Michael ................................................ .............................................................................................392 Lyness, Karen .................................................. ..................................................................................... 213, 228 M Maggio, Dee .................................................................................................................... .............................460 Maggio, Dolores G ........................................................................................................... .............................111 Maiers, Wayne ................................................................................................................. .............................163 Main Street. 44, 51, 52, 53, 70, 83, 97, 116, 117, 127, 131, 164, 221, 226, 227, 230, 244, 2 46, 257, 266, 275, 283, 287, 288, 297, 303, 311, 315, 316, 347, 352, 402, 403, 409, 431, 453, 459, 462, 468 Property at 40-42 Main Street ....................................................................................... ...... 230, 244, 303, 315 Main Street (South) .......................................................................................................... .............................462 Maloy, Paula, SVM .......................................................................................................... ................. 34, 58, 220 Mamali, Catalin S ............................................................................................................ .............................241 Mamali, Ioana .................................................................................................................. ...... 169, 185, 241, 407 Manasseh House .............................................................................................................. ................... 36, 44, 45 Mandolin Inn ................................................................................................................... ..................... 298, 299 Mangeno, Angela ............................................................................................................. ............................. 312 Manson Road ................................................................................................................... ..............12, 13, 34, 35 Manternach, Eric .............................................................................................................. .............................126 Maple Street .................................................................................................................... ............................. 379 Maquoketa Drive ............................................................................................................. ............................. 346 Mar Jo Quarry Road ......................................................................................................... ...........................4, 12 Marco's Restaurant .......................................................................................................... ..................... 116, 117 Maria House .................................................................................................................... ......................... 70, 92 Marie, Sr. Agnes .............................................................................................................. .............................332 Mario's Italian Restaurant ................................................................................................ .............................459 Marke, LLC ..................................................................................................................... .............................286 Markham, John ................................................................................................................ .............................373 Marshall Park .................................................................................................................. .............................199 Martin Equipment Company ............................................................................................ .............................116 Martin, Mike .................................................................................................................... .............................249 Marvin, Keith, JEO Consulting Group .............................................................................. .............................433 Book 137 INDEX 25 Mason Cate Estates ............................................................................... ............................... 16, 17, 86, 104, 105 Mason, Captain Tom, Salvation Army ................................................... ........................................................ 332 Masonic Temple ................................................................................... ........................................................198 Masterpiece on the Mississippi .............................................................. ..........................................................88 Matheos, Jim ........................................................................................ ....................................................16, 34 Mathy Construction Company ............................................................... .........................................161, 162, 225 Matrix Consulting ................................................................................. ..........................................................41 Mattison, Zachary ................................................................................. ........................................................238 Matton, Dean ........................................................................................ ........................................................158 Maury, George ...................................................................................... ..........................................................72 Mayas, Inc ............................................................................................ ........................................................439 Mayor Pro-Tem .................................................................................... ..........................153, 331, 407, 425, 426 McAleece Park ..................................................................................... ..........................116, 117, 199, 244, 262 McCallum, Doug .................................................................................. ........................................................ 307 McCann, James and Donna ................................................................... ........................................................256 McCann, Steven R. ,City Development Board ....................................... ................................................ 157, 240 McCann's Service ................................................................................. ................................................ 209, 226 McCarthy, Beverly ................................................................................ ..........................................................88 McClain Excavating Company, Inc ........................................................ ................................................ 225, 434 McClain, Jim and Diane ........................................................................ ........................................................ 327 McClain, Karen A ................................................................................. .............................................. 33, 60, 61 McClain, Robert ................................................................................... .............................................. 33, 60, 61 McCormick Street ................................................................................. ..........................312, 326, 399, 428, 445 McCoy, Robert ..................................................................................... ..........................................................42 McCullough Creative ............................................................................ ........................................................241 McCullough, Melissa ............................................................................ ........................................................178 McDermott Excavating ......................................................................... ................................. 203, 204, 242, 252 McDermott, Hope ................................................................................. ................................................ 434, 453 McDermott, Joseph ............................................................................... ..........................................................98 McDermott, Larry ................................................................................. .........................................380, 381, 385 McDonald, Dan, Greater Dubuque Development Corp ........................... ........................................................427 McDonald's Restaurant Building ........................................................... ........................................................116 McDonell, Robert ................................................................................. ........................................................261 McFadden 2001 Agreement for Cattle Underpass ................................... ........................................................ 395 McFadden Family Partnership ............................................................... ........................................................256 McFadden Right-of--Way Acquisition for Proposed Rail Line ................. ........................................................395 McGinnis, Mike and Sue ....................................................................... ........................................................128 McGinnis, Thelma ................................................................................ ........................................................128 McGraw-Hill Company ......................................................................... ...........................................57, 126, 169 Parking Lot ....................................................................................... .........................................126, 169, 205 Port of Dubuque Building Ribbon Cutting .......................................... ........................................................ 388 Sanitary Storm Sewer and Indemnification Agreement ....................... ........................................................169 McIntire, Leonard and Helen ................................................................. ........................................................249 McKillip, Nancy ................................................................................... ........................................................238 McKinlay, Michele ............................................................................... ................................................ 120, 138 McKinney-Vento Act Homeless Assistance Application ........................ ........................................................128 McLeodUSA ........................................................................................ ......................................................1, 32 McMullen, Kathleen, Mediacom Area Manager ..................................... ..........................................................31 McNamara, Tim .................................................................................... ........................................................287 McNamer, Martin ................................................................................. ................................................ 326, 385 McNeeley-Moeller, Lindsey .................................................................. ................................................ 228, 245 McQuiggen, Dave ................................................................................. ................................................ 392, 393 Mechanical Code Board ........................................................................ .............. 24, 96, 103, 120, 127, 228, 245 Mediacom ............................................................................................. .............31, 120, 138, 178, 304, 322, 407 Cultural Affairs Charitable Foundation .............................................. ...........................................31, 120, 138 Medical Associates Clinic ..................................................................... ................................. 328, 351, 428, 461 Medical Claims Audit and Operational Review Services ........................ ........................................................ 379 Medline Industries ................................................................................ ..........................395, 400, 401, 427, 428 Memorandums of Agreement ................................................................ ............................. 16, 30, 105, 302, 382 Mennig, Adam ...................................................................................... ..........................................................83 Menning, Kevin .................................................................................... ........................................................178 Merfeld, Rick ........................................................................................ ........................................................389 Merkes, Kevin J .................................................................................... .................................................. 98, 391 26 Messerich, Joseph ..................................................... Metropolitan Coalition Agreement ............................ Meyer, Christin ......................................................... Meyer, Terry ............................................................. Midway Hotel/Hoffman House .................................. Mihalakis, John ......................................................... Mihalakis, Michelle .................................................. Mike Strub Construction, Inc ..................................... Miller Development Group ........................................ Miller Enterprises ..................................................... Miller Place .............................................................. Miller Road Terminus ............................................... Miller, Bill ................................................................ Miller, Bruce W ........................................................ Miller, Charles .......................................................... Miller, Chris ............................................................. Miller, Galinda A ...................................................... Miller, Harold O ....................................................... Miller, Jeffrey ........................................................... Miller, Travis, Matrix Consulting .............................. Miller-Riverview Park ............................................... Expansion ............................................................ . Management Agreement ........................................ Millworking Historic District .................................... National Register of Historic Places Nomination.... Mines of Spain .......................................................... Friends of the Mines of Spain ................................ Interpretive Exhibit and Education Program........... Mines of Spain Road ................................................. Mississippi River Trail .............................................. Mississippi Valley Promise ....................................... Mississippi Valley Running Association .................... MM&H Corporation ................................................. Mobile Data Computers for Fire Apparatus ................ Mobile Digital Terminal ............................................ Moeller, Jacqueline ................................................... Mohr, Diane ............................................................. Mohr. David W ........................................................ Molo Oil Company ................................................... Moore, Jorja J ........................................................... Moore, Mike ............................................................. Moore, Stacey ........................................................... Moose Lodge #355 ................................................... Moracco Restaurant, The ........................................... Morh, David ............................................................. Morrissette, Jay ......................................................... Mortgage Electronic Registration Systems, Inc.......... Morton, Jeff .............................................................. Motor City, LLC ....................................................... Motsch, Jennifer ....................................................... Mouring, Jason T ...................................................... Moyer, Mary V ......................................................... Moyer, Robert .......................................................... Mozena McNamer. Kris Ann ..................................... Mozena, Terry .......................................................... MSA Professional Services, Inc ................................. Muehlhause, E.W., Art's Way/Vessels, Inc. President. Mueller, Dale ............................................................ Mueller, Dan ............................................................. Mueller, Daniel J ...................................................... Mueller, Ronald ........................................................ Mulgrew Oil Company .............................................. Multi-Jurisdictional Drug Task Force Agreement....... INDEX Book 137 Book 137 INDEX 27 Municipal Fire and Emergency Service Response and Deployment Study .................... .....................................41 Municipal Housing Agency Governing Board ............................................................. .....................................90 Municipal Housing Agency Governing Board ............................................................. .....................................96 Municipal Housing Agency Governing Board ............................................................. ...................................208 Municipal Ramp Hourly Rates ................................................................................... ................................... 379 Municipal Separate Storm Sewer System (MS4) ......................................................... .....................................63 Municipal Water Utility ............................................................................................. ....................258, 259, 285 Munson, Kay ............................................................................................................. ...................................276 Munson, Kevin .......................................................................................................... ...................................... 8 Murph's South End Tap ............................................................................................. ....................242, 243, 323 Murphy, Mark, Emergency Communications Center Manager ..................................... .....................................89 Murphy, Pamela ......................................................................................................... ...................................323 Murphy, Pat, State Representative .............................................................................. ...................................159 Music N More Promotions ......................................................................................... ....................163, 164, 298 N Nash Finch Company ........................................................................................ ........................See Econo Foods National Call to Action for Affordable Housing through Regulatory Reform ....... .................................... 130, 280 National Civic League ....................................................................................... ............................................256 National Fire Academy's Executive Fire Officer Certificate ............................... ............................................220 National Horseshoe Pitchers Association of America ......................................... ............................................ 310 National League of Cities .................................................................................. ..............174, 208, 275, 388, 432 City Futures Panel on Democratic Governance ............................................... ............................................174 Council Appointments ................................................................................... ............................................174 Voting Delgate and Alternate ......................................................................... ............................................ 388 National Mississippi River Museum and Aquarium ............................................ ................. 76, 77, 242, 311, 312 National Park Centennial ................................................................................... ............................................239 National Parks Service ...................................................................................... ..............11, 30, 43, 44, 224, 454 National Pollutant Discharge Elimination System (NPDES) ............................... ...................................... 63, 163 National Register of Historic Places ................................................................... ............ 31, 47, 76, 172, 208, 464 National Scenic Byways .................................................................................... ..............................................87 Nationwide Advantage Mortgage Company ....................................................... ...............................41, 154, 332 Nauman Nursery ............................................................................................... .................................... 169, 170 Nauman, Mark .................................................................................................. ............................................307 NCR Development, LLC ................................................................................... .................................... 326, 385 Neighbor's Tap ................................................................................................. ........................................76, 77 Neighborhood Revitalization ............................................................................. ............................................405 Neil, Benjamin D .............................................................................................. ............................................158 Neilson, Douglas, E .......................................................................................... ............................................391 Nelson, Dean .................................................................................................... ..............................................70 Nemmers Cedar Ridge Farm, LP ....................................................................... ............................................112 Neuhaus, Timothy J .......................................................................................... ............................................391 Neumann, Richard W ........................................................................................ ............................................391 Neumeister, Mary Lynn .................................................................................... ............................................280 Nevers, Michael ................................................................................................ ............................................276 New Main Development ................................................................................... .................. See Port of Dubuque Newman, James E ............................................................................................. ............................................390 Newt Marine ..................................................................................................... .................................... 146, 247 Newt, Carter ..................................................................................................... ............................................146 Neyens, Steve, Building Service Electrical Inspector .......................................... ..............................................24 Nieburh, Adam P .............................................................................................. ............................................158 Nielson, Kelly ................................................................................................... ............................................375 Noble, Senator Larry ......................................................................................... ............................................111 Noel, Drew ....................................................................................................... ..............................................98 Noel, Joseph ..................................................................................................... ..............................................69 Noel, Teri ......................................................................................................... ............................................ 307 Nolan, Sr. PeggY> BVM ..................................................................................... ............................................294 Noonan's Tap ................................................................................................... .................................... 116, 117 Normandin, Jim ................................................................................................ ............................................249 North Booth Street ............................................................................................ ...........................48, 80, 81, 174 North Cascade Road Development, LLC ........................................................... ..... See NCR Development, LLC North Grandview Avenue .................................................................................. ..................... 146, 241, 409, 462 28 INDEX Book 137 North Grandview Dog Park ............................. ............................................................................... See Dog Park North Grandview Estates ................................. ...................................................................................... 249, 250 North Siegert Farm ......................................... ...............................................................................253, 395, 426 Northeast Iowa Community College ................ ...............................................14, 19, 20, 222, 390, 398, 404, 443 Northeast Iowa School of Music ...................... ...................................................................................... 253, 276 Northwest Arterial ..... 4, 99, 100, 138, 185, 192, 227, 248, 275, 287, 296, 297, 327, 328, 346, 425, 440, 441, 442, 460, 461 Hike /Bike Trail -Phase I ........................... ................................................................................................ 99 Notice of Voluntary Settlement ....................... ...................................................................................... 378, 407 Nowack, Craig, Cable TV Coordinator ............ ................................................................................................68 NPDES ........................................................... ................... See National Pollutant Discharge Elimination System Nye, Jennifer .................................................. ..............................................................................................432 O'Brien, Reverend Joseph, Archdiocese of Dubuque .................................................................. ....................... 1 O'Brien, Shane ......................................................................................................................... ....................392 O'Connor, Sr. Mary Agnes ........................................................................................................ ....................453 O'Meara, D. Michael ................................................................................................................ ......................25 O'Meara, Dawne ....................................................................................................................... ....................104 O'Shea, Anna, County Zoning Administrator ............................................................................. ....................461 Oakland, Reverend Jerry, St. Luke's Methodist Church .............................................................. ......................72 Oberfoell, John ......................................................................................................................... ...................... 98 O'Brien, William J .................................................................................................................... ....................391 Odefey, Brian S ........................................................................................................................ ....................158 Oky Doky ..................................................................................... 32, 99, 163, 164, 226, 242, 2 43, 297, 298, 299 Old Davenport Road ................................................................................................................. ....................265 Old Highway Road ..........................................................................................16, 38, 62, 86, 1 04, 154, 377, 381 Request to Rezone Property, Stewart Construction ................................................................. ......................38 Old Main Historic District ........................................................ 32, 66, See Main Street, Historic Old Main Street Olive Garden ............................................................................................................................ ............ 131, 132 Olsen, Gary .............................................................................................................................. ............ 228, 245 Olson, Christine Happ ............................................................................................................... .............. 24, 116 One Flight Up ........................................................................................................................... ....................178 One Thousand Friends of Iowa Best Development Award .......................................................... ....................275 Ooh La La ................................................................................................................................ ............ 209, 210 Open Letter to Community ........................................................................................................ .................... 314 Opening Doors .......................................................................................................................... ......................70 Operation Iraqi Freedom Presentation ........................................................................................ ....................... 8 Operation New View Community Action Agency ...................................................................... ...7, 70, 221, 332 ORDINANCE 01-07 Reclassifying Property Near NE Corner of Seippel and Old Hwy Roads ........................ ......................16 02-07 Individual Historic Designation of 556 Fenelon Place ................................................... ......................20 03-07 Readopting the Codification of all Ordinances of the City of Dubuque .......................... ......................20 04-07 Repealing and Establishing the Washington Neighborhood Urban Revitalization Area as an Urban Revitalization Area ............................................................................................................ ......................36 OS-07 Improvement Guarantees Providing for the Reduction of Securities for Public Improve ments Upon Substantial Completion of Such Improvements ................................................................... ......................59 06-07 Erosion and Sediment Control Article VII .................................................................... ......................62 07-07 Fixing Water Rates for Residential, Commercial, Industrial, All Other Uses .................. ......................92 08-07 Fixing Water Rates for Fire Sprinkler Service ............................................................... ......................93 09-07 Establishing Basic Sewer Rates for Residential and Commercial Users ......................... ......................93 10-07 Establishing Charges for the Collection and Disposal of Solid Waste Materials ............. ......................94 11-07 Removal and Impound of Any Vehicle/Unpaid Parking Violations ............................... ......................95 12-07 Reclassifying Property at Seippel Road and Old Highway Road .................................... ....................104 13-07 Approval of Conceptual Development, Chlapaty Recreation and Wellness Center Build ing, University of Dubuque ....................................................................................................................... ....................106 14-07 Residential Parking Permit District Phyllrich Drive Between Keystone Drive and Keym ont Drive .....125 15-07 Reclassifying Property at 827 Garfield Avenue ............................................................. ....................138 16-07 Reclassifying Property North of David Drive (NW ArteriaUJohn F. Kennedy Road) ...... ....................139 17-07 Regulating Big Box Retail Uses, Planned Unit Development ........................................ ....................139 18-07 Code Amendment Defmition for Retail Commercial Uses ............................................ ....................143 19-07 Establishing Standards for Biofuels Production Facilities Planned Unit Development .... ....................144 Book 137 INDEX 29 20-07 Greater Downtown Urban Renewal District ......................................................................... .............148 21-07 Amending Chapter 11 Buildings and Building Regulations .................................................. .............152 22-07 Revised PUD Dubuque Industrial Center, Highway 32 and Chavenelle Road ....................... .............185 23-07 Reclassifying Property at 8005 Seippel Court ...................................................................... .............193 24-07 Amended Ordinance for Emerald Acres Planned Unit Development District ........................ .............194 25-07 Reclassifying Property at 3105 Cedar Crest Ridge ............................................................... .............196 26-07 Reclassifying Property on Kebbie Drive .............................................................................. .............196 27-07 Carnegie-Stout Public Library Landmark Designation ......................................................... .............197 28-07 Allowing Temporary/Interim Appointment of Historic Preservation Commissioners ............. .............199 29-07 Establishing Charges for the Collection and Disposal of Solid Waste Materials .................... .............200 30-07 Reclassifying Property at 2411/2403 Central Avenue ........................................................... .............229 31-07 Reclassifying Property at 3100 Cedar Crest Ridge ............................................................... .............229 32-07 Reclassifying Property at 40-42 Main Street ........................................................................ .............230 33-07 Reclassifying Property at 2678 Beverly Avenue .................................................................. .............230 34-07 Extending Moratorium for Subdivision Plats in IA 32 Southwest Arterial Corridor ............... .............231 35-07 Extending Moratorium for Site Plan/Rezoning Applications in IA 32 Southwest Arterial Corridor.....232 36-07 Relating to the Procedure for the Declaration of a Public Nuisance .................................................. ..236 37-07 Amending Zoning Ordinance, IA 32 (Southwest Arterial) Corridor on Site Plans and Rezoning Applications ........................................................................................................................................ .. 26 3 38-07 Amending Chapter 42 Subdivision Regulations for Iowa 32 (Southwest Arterial) Corridor .............. ..263 39-07 Amending Section 32-321.276 Use of Certain Nonmotorized Vehicles, Conveyances and Equipment in Municipal Parking Garages or Lots and in Certain Other Places in the City ........................................... ..266 40-07 Amendment Pertaining to Revising and Re-Enacting a Mechanical Code and Issuance of Permits, Collection of Fees ................................................................................................................................ ..267 41-07 Amendment Pertaining to Revising and Re-enacting a Plumbing Code and Issuance of Permits, Collection of Fees ................................................................................................................................ ..268 42-07 Adopting 2006 International Residential Code for Issuance of Permits, Collection of Fees ............... ..269 43-07 Enacting New Sections and Adopting 2006 International Building Code and Providing for the Issuance of Permits, Collection of Fees .............................................................................................................. ..272 44-07 Licensing of Vacant and Abandoned Buildings ............................................................................... ..289 45-07 Reclassifying Property Along Bies Drive ....................................................................................... .. 301 46-07 Repealing Subsection of Residential Parking Permit District A and Adopting New Subsection Re- Establishing Residential Parking Permit District A (University of Dubuque) ......................................... .. 326 47-07 Adding Indoor Recreation Facilities as a Permitted Use and Outdoor Recreation as Conditional Use in Commercial Services and Wholesale Districts ...................................................................................... .. 326 48-07 Reclassifying Property Along Creek Wood Drive ........................................................................... .. 327 49-07 Reclassifying Property Located at 1604 Kebbie Drive .................................................................... .. 327 50-07 Reclassifying Property Located South of NW Arterial and West of JFK Road ................................. .. 328 51-07 Reclassifying Property Located at End of Miller Road (Henschel) ................................................... ..328 52-07 Reclassifying Property Located East of Stone Valley Drive (West of English Mill Road, McDermott)381 53-07 Reclassifying Property Located Near Southwestt Corner of Seippel Road and Old Highway Road (Kress Industrial Facility LLC) ....................................................................................................................... ..381 54-07 Indecent Exposure, Revising Title to Public Urination, Defecation, Providing for Scheduled Fine.... ..386 55-07 Use of Bicycles, Motorcycles, Etc. in Parks .................................................................................... .. 386 56-07 Safety Belts and Safety Harnesses, Child Restraint System ............................................................. ..386 57-07 Establishing a Moratorium on the Use of Certain Property as an Adult Entertainment Establishment..406 58-07 Adopting a New Section Establishing a Moratorium on the Use of Certain Property as an Adult Entertainment Establishment. 425 59-07 Reducing Speed Limit on Pennsylvania Avenue in the Vicinity of Hempstead High School During Activation of Yellow Flashing Lights .....................................................................................................425 60-07 Reclassifying Property at 2160 Elm Street ........................................................................................444 61-07 Repealing Subsection of Residential Parking Permit District A and Adopting a New Subsection, Re- Establishing Residential Parking Permit District A (University of Dubuque) ...........................................445 62-07 Amending Chapter 27 Human Relations Ordinance Definitions (Gender Identity, Religious Educational Institution, Aiding/Abetting Unfair or Discriminatory Practices) .............................................................445 63-07 Tax Increment Financing in Connection with the Urban Renewal Plan for the Greater Downtown Urban Renewal District ..................................................................................................................... ...............465 64-07 Amending Chapter 18 Electricity, Section 81.2 National Electrical Code Amendments ....... ...............470 Oriental Food & Gift Corp ............................................................................................................. ...............132 Orwoll, Greg, Executive Director of the Dubuque Drum and Bugle Corps ....................................... ...............241 Ostrander, Daniel ........................................................................................................................... ...............276 Overhouse, Joan M ........................................................................................................................ ...............249 Owen Court ................................................................................................................................... ....... 287, 297 30 INDEX Book 137 P P.J.'s Bar ....................................................................................... ...............................................................383 Pacholke, Chaplain David, Finley Hospital ..................................... .................................................................24 PACR, Ltd ..................................................................................... ....................................................... 210, 424 Panchero's Mexican Grill ............................................................... ...............................................................100 Papin, Paul .................................................................................... ............................................ 34, 58, 103, 120 Park and Recreation Advisory Commission .........1, 24, 96, 111, 17 5, 213, 220, 228, 249, 275, 317, 332, 390, 434 Park Division ................................................................................. ........................................................... 68, 91 Park Farm Winery .......................................................................... ....................................................... 116, 117 Park, Robert ................................................................................... ...............................................................100 Parking Control Equipment Purchase .............................................. ...............................................................126 Parking Disability Committee ......................................................... .................................................................69 Parking Division ............................................................................ ...........................................................69, 91 Parking Facilities Financial Statements ........................................... .................................................................11 Paro Food Mart .............................................................................. ....................................................... 163, 226 Parrett, David H ............................................................................. ...............................................................163 Passenger Rail Service ................................................................... ............................................................... 379 PATH, Projects in Transition from Homelessness ........................... ...............................................................202 Paul, Sue ....................................................................................... ...............................................................178 Paul's Tavern ................................................................................. ..................................................72, 226, 227 Pavement Marking Program, Calendar Year 2007 ........................... ....................................................... 178, 242 Pebble Cove .................................................................................. ...............................................................329 Peck, Randy, Personnel Manager .................................................... ..................................................12, 374, 375 Pedestrian Wayfinding Sign System ............................................... .................................202, 203, 216, 241, 298 PEG Access Capital Grant .............................................................. ...... 31, 45, 163, 224, 256, 297, 322, 410, 455 Pego Court ..................................................................................... ..................................................... 13, 34, 35 Pending Litigation .......................................................................... ........................... 7, 22, 66, 88, 175, 388, 452 Peninsular Technologies ................................................................. .................................................................98 Pennsylvania Avenue ..................................................................... .................................254, 378, 424, 425, 426 Pepper Sprout Restaurant ............................................................... ...............................................................439 Perry, Gene .................................................................................... ........................................ 120, 138, 169, 185 Peru Road ...................................................................................... ......................... 154, 163, 226, 394, 433, 463 Pesetski, A. John and Cathy A ........................................................ ....................................................... 256, 455 Pet Park ......................................................................................... ..................172, 198, 206, 209, See Dog Park Peters, Mary, Secretary - U. S. Department of Transportation .......... ...............................................................254 Pfohl Farm ..................................................................................... ................................................239, 240, 309 Pfohl, Michael P ............................................................................ ......................................................... 98, 391 Pfohl, Tony .................................................................................... ...............................................................462 Pfohl's, Inc .................................................................................... ...............................................................176 Phillips 66 ..................................................................................... ....................................................... 226, 311 Phyllrich Drive .............................................................................. ............................................ 49, 82, 109, 125 Pierce Street .................................................................................. ................................................275, 399, 429 Pillard, Jennifer A .......................................................................... ...............................................................276 Pitman, Neil ................................................................................... ...............................................................275 Pizza Hut ....................................................................................... ....................................................... 226, 227 Pizza Ranch ................................................................................... ...............................................................163 PJ's Tap ......................................................................................... ...............................................................100 Planned Unit Development District ................................................. ............ 58, 139, 144, 193, 194, 301, 428, 461 Planning Excellence Award ............................................................ ....................................................... 390, 397 Planning Services Department ........................................................ ................................................... 69, 91, 106 Plastic Center, Inc .......................................................................... ..................227, 239, 240, 297, 309, 346, 393 Quit Claim Deed, Asbury Road East Lane Widening Project ....... ............................................................... 309 Platinum Holdings ......................................................................... ....................................................... 298, 424 Platinum Hospitality Group, LLC ................................................... ...............................................................297 Players Bar .................................................................................... ...............................................................304 Plaza 20 BP/Amoco ....................................................................... ....................................................... 226, 398 Pleasant View Estates .................................................................... ............................................................... 301 Plein, John ..................................................................................... .................................................................90 Pliner, Marion Martin ..................................................................... ............................................................... 307 Plowman, Richard .......................................................................... ........................................ 100, 101, 120, 121 Plumbing Board ............................................................................. ............................................ 34, 58, 206, 268 PMST, Inc ..................................................................................... ...............................................................324 Book 137 INDEX 31 Point Restaurant, The .................................................................................................. ..................................424 Pole, Zoe .................................................................................................................... .................................. 303 Police Department ....................................................................................................... .. 89, 91, 92, 332, 348, 464 Five Year Plan ........................................................................................................ .................................. 348 Pooler, Tionna, Senior Managing Consultant from Public Financial Management, Inc ... ..................................404 Poppee, Renee, Medline Industries .............................................................................. ..................................427 Port of Dubuque .......................................................................................................... .......................... 237, 252 Adams Company ..................................................................................................... ..17, 18, 46, 164, 197, 347 Adams Development ............................................................................................... ......... 17, 18, 46, 164, 197 Alliant Easement ..................................................................................................... .......................... 185, 214 APA Planning Excellence Award ............................................................................ .................................. 397 Brewery Development ............................................................................................. .............................. 12, 18 Dubuque Hardwoods Property ................................................................................. ..................................253 Durrant Group CEBA, Enterprise Zone Funding Agreements ................................... ..................................156 Durrant Group IDED Award .................................................................................... ....................................24 Hanging Baskets ..................................................................................................... ....................................67 Ice Harbor Transient Boat Dock Facility Project ...................................................... ....179, 180, 215, 247, 298 Interstate Power and Light Company Permanent Easement ....................................... ...................184, 185, 214 Klauer Properties .................................................................................................... ..................................253 Main Channel Transient Boat Dock Facility ............................................................. ..................................252 Marketing ............................................................................................................... ....................................69 Master Plan ............................................................................................................. .......................... 253, 398 McGraw-Hill Company Ribbon Cutting ................................................................... ..................................388 New Main Development .......................................................................................... ............................ 66, 254 Outdoor Plaza Phase I Project .................................................................................. ...................119, 169, 170 Parking Alternatives for City Hall Parking Lot Reconstruction ................................. ..................................123 Pedestrian Wayfinding Signage ............................................................................... ..................................202 Port of Dubuque Park .............................................................................................. ....................................68 Public Parking Facility ................. 37, 38, 173, 204, 234, 245, 246, 293, 305, 331, 356, 357, 359, 361, 365, 372 Architectural Design Contract .............................................................................. ....................................38 Bid Award .......................................................................................................... ....283, 305, 331, 372, 373 Bid Extension ...................................................................................................... ...................305, 331, 372 Construction Management Contract ..................................................................... ....................................62 Design Review .................................................................................................... ..................................173 Development Agreement ...................................................................... 37, 38, 184, 204, 212, 255, 293, 356 Development Agreement Amended/Restated ........................................................ .................................. 357 Financing Term Sheet with Robert W. Baird &Company ..................................... ..................................115 Initiation of Public Bidding Process ..................................................................... ..................................227 Issuance of Bonds ................................................................................................ ...................184, 255, 358 Minimum Assessment Agreement ........................................................................ .................................. 357 Parking Control Equipment .................................................................................. ..................................126 Public Hearing on Plans and Specifications, Form of Contract, Estimated Cost ...... ..................................245 Re-Advertisement of Bids .................................................................................... ..................................246 Urban Renewal Tax Increment Revenue Bonds .................................................... .......................... 212, 233 Rail/Passenger Station Analysis ............................................................................... .................................. 308 Recognition Wall Project Acceptance ...................................................................... .................................. 307 Sign at Fifth and White Streets ................................................................................ ..................................173 Sign at White Street and US Hwy 61 ....................................................................... .......................... 297, 393 Storm Sewer Extension, Phase V Project .................................................................. ...................... 4, 250, 251 Visitor Amenities Fund ........................................................................................... .................................. 307 Portland Cement Concrete ........................................................................................... ..................................... 3 Portzen Construction Company ..... 3, 9, 26, 27, 42, 43, 97, 131, 161, 207, 208, 209, 22 5, 252, 286, 346, 390, 435, 453 Portzen, Mike ............................................................................ ...................................................................453 Potter Sr., Lee ............................................................................ ...................................................................243 Power, Dennis ........................................................................... ...................................................................229 Power, Ronda ............................................................................ ...................................................................276 Powers, Jim R ............................................................................ ......................................................98, 158, 345 Pre-Disaster Mitigation Plan ....................................................... ................................................................... 310 Pregler, Brian ............................................................................. ...................................................................276 Pregler, Bruce ............................................................................ .....................................................................98 Pregler, Catherine H ................................................................... ...................................................................294 Pregler, David ............................................................................ .....................................................................24 32 INDEX Book 137 Prescott School ................................................................................................................ .............................202 Preserve America Grant ................................................................................................... .. 43, 44, 224, 439, 454 Preston, Brian .................................................................................................................. .............................253 Prevenas, Pat, Recreation Manager ................................................................................... ...............................68 Prevent Child Abuse Iowa ................................................................................................ .............................110 Pride, Thomas .................................................................................................................. .............................276 Prince Street .................................................................................................................... ................. 2, 277, 319 Purchase of Property Located at 2265 ........................................................................... ............................. 319 Prochaska, James ............................................................................................................. ..................... 245, 261 Proclamations Allison Evans' Day (November 5, 2007) ....................................................................... .............................390 America's Promise Day (Apri12, 2007) ........................................................................ .............................111 Apples for Students (June and July, 2007) ..................................................................... .............................175 Architecture Month (April, 2007) ................................................................................. .............................111 Arts and Humanities Month (October 2007) .................................................................. ............................. 332 Be a Santa to a Senior Month (November, 2007) ........................................................... ............................. 375 Bike Safety Month (May 2007) .................................................................................... .............................153 Boost Your Hometown Month April, 2007) ................................................................. .............................111 Boys and Girls Club Week (March 2007) ...................................................................... ...............................72 Breast of Friends Walk-A-Thon (October 7, 2007) ........................................................ .............................332 Community Appreciation Day (October 1, 2007) .......................................................... .............................332 Constitution Week (September 17 - 23, 2007) ............................................................... .............................317 Crop Walk Day (October 7, 2007) ................................................................................ ............................. 317 Des Moines Law Day (May 1, 2007) ............................................................................ .............................127 Disability Employment Awareness Month (October, 2007) ........................................... .............................375 Dubuque County Fair Week (July 24 -July 29, 2007) ................................................... .............................249 Dubuque Drum and Bugle Corps Music on the March, July 6, 2007, and July 26, 2007 .. .............................238 Dubuque National Family Week (November, 2007) ...................................................... ............................. 390 Dubuque Regional Dragon Boat Festival (September 8 and 9, 2007) .............................. .............................307 Dubuque Weatherization Challenge Day (October 6, 2007) ........................................... .............................332 Fair Housing Month (April, 2007) ................................................................................ .............................127 Historic Preservation Month (May, 2007) ..................................................................... .............................127 Hospice of Dubuque Month (November, 2007) ............................................................. ............................. 390 Iowa School Board Recognition Week (May 13-19, 2007) ............................................ .............................153 Ireland Visitors, Carlin Family (June 18, 2007) ............................................................. .............................220 Irish Hooley Day (August 25, 2007) ............................................................................. .............................294 Laughter Day (May 6, 2007) ......................................................................................... .............................127 Make a Will Month (October 2007) .............................................................................. ............................. 332 Martin Luther King, Jr. Days (January 14 and 15, 2007) ................................................ ................................ 1 Mental Health Month (May 2007) ................................................................................. .............................175 Mental Retardation Awareness Month (March 2007) ..................................................... ...............................72 National Assisted Living Week (September 9 - 15, 2007) ............................................. .............................307 National Tourism Month (May 2007) ............................................................................ .............................153 Nursing Home Month (May 2007) ................................................................................ .............................153 Philanthropy Day (November 15, 2007) ........................................................................ .............................390 Professional Social Work Month (March 2007) ............................................................. ...............................41 Responsible Gaming Week (August 6-10, 2007) ........................................................... .............................275 Retired and Senior Volunteer Week -April 15 - 21, 2007 ............................................. .............................111 Richard Kautz Day (February 22, 2007) ........................................................................ ...............................41 Save for Retirement Week (October 21-27, 2007) ......................................................... ............................. 375 Square Dance Week (Apri12, 2007) .............................................................................. .............................111 Toastmasters Day (October 22, 2007) ........................................................................... ............................. 375 Tour de Dubuque Day (August 25, 2007) ...................................................................... .............................249 Trick or Treat Night (October 31, 2007) ........................................................................ .............................332 United States Army Week (June 11 - 17, 2007) ............................................................ .............................206 United Way Campaign Time (August 8 -October 31, 2007) ......................................... .............................249 Veterans Appreciation Day (October 31, 2007) ............................................................. .............................375 Week Without Violence (October 14 - 21, 2007) .......................................................... .............................332 White Cane Day (October 15, 2007) ............................................................................. .............................332 Professional Firefighters' Association ............................................................................... ...............................89 Project Concern, Inc ......................................................................................................... .............................221 Foster Grandparent Program ......................................................................................... .............................221 Information and Referral and Child Care Referral ......................................................... .............................221 Book 137 INDEX 33 Property Assessment Appeal Board .......................................................................................... ......241, 256, 276 Property Tax Appeal ................................................................................................................ .....................241 Prospect Pizza, Ltd ................................................................................................................... .....................227 Proudly Accessible Dubuque .................................................................................................... .....................111 Psihoyos, Gus, City Engineer .................67, 217, 246, 248, 250, 251, 287, 296, 318, 408, 425, 435, 436, 461, 464 Public Entity Risk Services of Iowa... 1, 8, 24, 41, 72, 111, 128, 154, 176, 206, 221, 238, 275, 2 94, 307, 317, 332, 376, 390, 407, 434, 453 Public Financial Management, Inc (PFM) ................................................................................. .....................404 Public Financial Management, Inc. (PFM) ................................................................................ .......................44 Public Nuisance ....................................................................................................................... 66, 236, 246, 374 Public Works Department ................................................................................45, 67, 75, 91, 1 16, 191, 397, 398 Public, Educational, and Government (PEG) Capital Grant for Access Equipment and Facilities ..See PEG Access Capital Grant Puff n Snuff ............................................................................................................................. ............. 226, 380 Purchase of Replacement Tractor-Backhoe-Loader ................................................................... .....................116 Purchase of Services ................................................................................................................ ......... 70, 91, 110 Pusateri's Restaurant ................................................................................................................ .......................32 Q Quad Cities Bomb Squad .... Quarterly Investment Report Quigley Lane ...................... Qwest ................................. ....................407 31, 161, 281, 397 .....399, 428, 429 .......32, 317, 390 R R Future ............................................................................................... ................................................ 226, 398 Racom .................................................................................................. .........................................128, 240, 297 Radcliffe, Christopher E ........................................................................ ........................................................294 Rader, Dave A ...................................................................................... ........................................................392 Radford Road ....................................................................................... ..........................................................41 RAGBRAI ............................................................................................ ........................................................ 256 Rahe, Keith ........................................................................................... ........................................................303 Rainbo Oil Company ............................................................................ ... 117, 227, 242, 299, 311, 312, 398, 424 Rainbow Lounge ................................................................................... ........................................................ 380 Ramirez, Pablo ..................................................................................... ........................................................391 Rampson, Dean ..................................................................................... ................................................ 162, 217 Rankin, Reverend Dr. Ronald, United Methodist Church ........................ ........................................................ 317 Rapp> Joseph ......................................................................................... ................................................ 228, 245 Rath, David and Ellen ........................................................................... ........................................................275 Ravada, Chandra, Co-Director of Transportation and Planning, ECIA .... ........................................................ 318 Raven Oaks .......................................................................................... ...........213, 234, 235, 252, 299, 313, 314 Raven Oaks Place ................................................................................. .........................................213, 234, 235 Ray, Bruce, Iowa IlUD Director ............................................................ ........................................................127 Raysan Corp ......................................................................................... ........................................................398 RB Restaurant Management &Consulting ............................................. ................................266, See Bricktown REAP ................................................................................................... ................................. 100, 246, 247, 409 Recreation Division .............................................................................. .................................................... 68, 91 Red Robin Gourmet Burgers ................................................................. ................................................ 323, 324 Redmond, Janann and Mary .................................................................. ........................................................ 332 Reeder Street ........................................................................................ ............................. 4, 5, 36, 37, 100, 250 Refuse Collection Vehicle #3406, Purchase of ....................................... ..........................................................45 Regan, Julian and Shirley ...................................................................... ........................................................ 317 Regional Transit Authority .................................................................... ..........................................................11 Reinhardt, Richard ................................................................................ ........................................................226 Reisdorf, Stephen .................................................................................. ................................................ 244, 261 Reiss, David ......................................................................................... ..........................................................98 Reno, Sandy, Divine Word College ....................................................... ..........................................................41 Repass, Dale ......................................................................................... ..........................................................70 Request for Proposals ......................................................... l 1, 31, 47, 67, 130, 161, 225, 253, 279, 298, 310, 436 Connecting Street from Pennsylvania Avenue to Dubuque Industrial Center West .......................................254 Conversion of School District Property at 1126 White Street .............. ........................................................130 34 INDEX Book 137 East -West Corridor Connectivity Study ................................................................................................... 436 Financial Services ............................................................................................................................. 130, 225 Four Mounds Archeological Investigation Phase I ...................................................................................... ..11 Green Community Consulting Services ................................................................................................ 67, 279 I-Net Design and Planning ......................................................................................................................... 242 Multifunction Machine .............................................................................................................................. 225 NLC Technical Assistance in Support of Youth Leadership Development Activities ................................... 208 North Fork Catfish Creek Sanitary and Storm Water Drainage Improvement Project ................................... 298 North Siegert Farm .................................................................................................................................... 254 Terminal Street Pumping Station Electrical Upgrade .................................................................................. 310 Washington Neighborhood Revitalize Initiative ......................................................................................... ..47 Water Meter Reading Consultant Services ................................................................................................. 161 Water Pollution Control Plant Facility Plan ................................................................................................ ..31 Residential Parking Permit District ................................................ 49, 82, 109, 125, 312, 325, 326, 399, 428, 445 Phyllrich Drive Between Keystone Drive and Keymont Drive ................................................................ 49, 82 University of Dubuque, Grace, McCormick, Bennett, and Algona Streets ............................ 312, 325, 399, 428 RESOLUTION 001-07 Accepting the Deed to Certain Real Estate in Dubuque County, Iowa from Gregory Jon Stover and Peggy E. Stover ..................................................................................................................................... ... 1 002-07 Approving the Acquisition of Real Estate Located at 1924 Kniest Street ......................................... ... 2 003-07 Approving the Acquisition of Real Estate Located at 2227 Elm Street ............................................. ... 2 004-07 Approving the Acquisition of Real Estate Located at 2263 Prince Street .......................................... ... 3 005-07 Accepting Improvement for A.Y. McDonald Park Development Phase II Project ............................ ... 3 006-07 Final Estimate A.Y. McDonald Park Development Phase II Proj ect ................................................. ... 3 007-07 Liquor Licenses January 3, 2007 .................................................................................................... ... 4 008-07 Approving Plans and Specs for Reeder and Lois Street Sanitary Sewer Project ................................ ... 4 009-07 Fixing Date of Hearing for Reeder Street and Lois Street Storm Sewer and Sanitary Sewer Reconstruction Project ........................................................................................................................... ... 4 010-07 Ordering Bids for Reeder Street and Lois Street Storm Sewer and Sanitary Sewer Reconstruction Project .................................................................................................................................................. ... 5 011-07 Approving Plat, Vacated Unnamed Street 640/650 Kane Street ....................................................... ... 5 012-07 Approving Vacating Unnamed Street Between 640/650 Kane Street ................................................ ... 5 013-07 Disposing of Interest Lots 4A, 4B, 4C Kieffer Place ....................................................................... ... 6 014-07 Disposing of Interest in Lot 22 of Glenview Subdivision ................................................................. ... 6 015-07 Rescinding Resolution 301-05, Adopting Revised Schedule of Assessments, Rosedale Avenue Reconstruction Project ........................................................................................................................... ... 8 016-07 Accepting Rosedale Avenue Reconstruction Project ....................................................................... ... 9 017-07 Final Estimate Rosedale Avenue Reconstruction Project ................................................................. ... 9 018-07 Adopting Final Assessment- Rosedale Avenue Reconstruction Project ............................................ ... 9 019-07 Accepting DICW 3rd Addition Contract B Paving, Drainage, Utilities Project ................................. ..10 020-07 Final Estimate DICW 3rd Addition Construction Contract B, Paving, Drainage, Utilities Project..... ..10 021-07 Accepting Third Street Overpass Decorative Railing Project ........................................................... .. l l 022-07 Final Estimate Third Street Overpass Decorative Railing Project ..................................................... .. l l 023-07 Beer Permits January 16, 2007 ....................................................................................................... ..12 024-07 Liquor Licenses January 16, 2007 .................................................................................................. ..12 025-07 Intent to Vacate/Dispose Portion of Kelly Lane .............................................................................. ..12 026-07 Resolution of Necessity Greater Downtown Urban Renewal District ............................................... ..13 027-07 Preliminary Approval Plans/Specs -Heron Pond Tree Removal Project ........................................... ..14 028-07 Fixing Date of Hearing on Plans/Specs -Heron Pond Tree Removal Project .................................... ..14 029-07 Ordering Bids -Heron Pond Tree Removal Project ......................................................................... ..14 030-07 Preliminary Approval Plans/Specs - US 20 (Devon Drive to Menards) Capacity Improvements Proj ect -Phase II .............................................................................................................................................. ..14 031-07 Fixing Date of Hearing Plans/Specs - US 20 (Devon Drive to Menards) Capacity Improvements Project -Phase II .............................................................................................................................................. ..15 032-07 Ordering Bids US 20 (Devon Drive to Menards) Capacity Improvements Proj ect -Phase II ............. ..15 033-07 Setking Hearing FY 2008 Community Development Block Grant Annual Action Plan (CDBG) ....... ..15 034-07 Port of Dubuque Adams Company, Durrant Group Property Development Compliance ................... ..17 035-07 Accepting Proposal from Port of Dubuque Adams Development and Durrant Group ....................... ..18 036-07 Adopting Plans and Specs Chaplain Schmitt Memorial Project ........................................................ ..19 037-07 Awarding Contract Chaplain Schmitt Memorial Project .................................................................. ..19 038-07 Approving Construction Contract Tri-State Development for Chaplain Schmitt Memorial Project.... ..19 039-07 Support of Northeast Iowa Community College Ballot Measure Contract Indebtedness/Issue School Bonds ................................................................................................................................................... ..19 Book 137 INDEX 35 040-07 Purchase of Property at 508 E. 22nd Street ..................................................................................... ..25 041-07 Purchase of Property at 505 Rhomberge Avenue ............................................................................. ..25 042-07 Accepting Improvement Eagle Point Park Concrete Replacement Projects ....................................... ..26 043-07 Final Estimate Eagle Point Park Concrete Replacement Projects ..................................................... ..26 044-07 Accepting Improvements Five Flags Bleacher Replacement Project ................................................ ..26 045-07 Final Estimate Five Flags Bleacher Replacement Project ................................................................ ..26 046-07 (Unassigned) ................................................................................................................................. ..26 047-07 Accepting Alta Vista/Carlotta Streets Reconstruction Project .......................................................... ..27 048-07 Final Estimate Alta Vista/Carlotta Streets Reconstruction Project .................................................... ..27 049-07 Final Assessment Schedule Alta Vista/Carlotta Streets Reconstruction Project ................................ ..27 050-07 Accepting Bonson Road Reconstruction Project ............................................................................. ..28 051-07 Final Estimate Bonson Road Reconstruction Project ....................................................................... ..28 052-07 Final Assessment Schedule Bonson Road Reconstruction Project .................................................... ..29 053-07 License Agreement Seneca Environmental Services, Monitoring Well ............................................ ..29 054-07 Amendment to Cottingham & Butler CEBA Agreement ................................................................. ..30 055-07 Memorandum of Agreement Shot Tower Archeological Investigation ............................................. ..30 056-07 Historic Sites Preservation Grant White Water Creek Bridge ........................................................... ..31 057-07 Beer Permits February 5, 2007 ....................................................................................................... ..32 058-07 Liquor Licenses February 5, 2007 .................................................................................................. ..32 059-07 Intent to Vacate Interest in a Portion of Union Street South of Rush Street ...................................... ..33 060-07 Preliminary Approval Plans/Specs Eagle Point Park Fee Collector's Building ................................. ..33 061-07 Fixing Date of Hearing Plans/Specs Eagle Point Park Fee Collector's Building ............................... ..33 062-07 Ordering Bid Eagle Point Park Fee Collector's Building ................................................................. ..34 063-07 Plat of Vacated Portion Kelly Lane, Manson Road, Pego Court ....................................................... ..34 064-07 Vacating Portion of Kelly Lane, Manson Road, Pego Court ............................................................ ..35 065-07 Disposing of Interest of Portion of Kelly Lane, Manson Road, Pego Court ...................................... ..35 066-07 Rejecting Bids -Eagle Point Bluff & Tree Removal Project ............................................................ ..36 067-07 Adopting Plans/Specs Reeder/Lois Street Sanitary Sewer Project .................................................... ..37 068-07 Awarding Contract for Reeder/Lois Street Sanitary Sewer Project ................................................... ..37 069-07 Approving Contract - Reeder/Lois Street Sewer Project .................................................................. ..37 070-07 Accepting Proposal from Diamond Jo LLC, Public Parking Facility Development Agreement........ ..38 071-07 Five Year Street Construction Program Fiscal Years 2008-2012 ...................................................... ..38 072-07 Accepting 5th Street Reconstruction Project -Delhi Street to Alpine Street ..................................... ..42 073-07 Final Estimate 5th Street Reconstruction Project -Delhi Street to Alpine Street .............................. ..42 074-07 Adopting Final Assessment 5th Street Reconstruction Project -Delhi Street to Alpine Street ........... ..42 075-07 Agreement with National Parks Service, Preserve America Funds for Dubuque History Trail .......... ..43 076-07 Application to National Parks Service for Preserve America Funds, Mines of Spain Interpretive Exhibit ............................................................................................................................................................. .. 44 077-07 Approving Residential Property Tax Exemption Applications, Urban Revitalization Areas .............. ..44 078-07 Approving Purchase of Dump Truck Replacement #2702 ............................................................... ..45 079-07 Approving Purchase of Refuse Collection Vehicle Replacement #3406 ........................................... ..45 080-07 Approving Plat of Survey Dubuque Industrial Center West 7th Addition ......................................... ..46 081-07 Approving Plat of Survey Adams Company 4th Addition Lot 1 of 2, 2 of 2 ..................................... ..46 082-07 Approving Plat of Survey Adams Company 4th Addition Lots 1 and 2 ........................................... ..46 083-07 Grant Agreement for Archeological Investigation at Four Mounds Estate ........................................ ..47 084-07 Beer Permits February 20, 2007 ..................................................................................................... ..48 085-07 Liquor Licenses February 20, 2007 ................................................................................................ ..48 086-07 Intent to Vacate City Interest Lot 30A Alleys Between Alta Vista Street and North Booth Street fro m Loras Boulevard to Vernon Street for Loras College ............................................................................... ..48 087-07 Setting Hearing Residential Parking District Phyllrich, Keystone, Keymont Drives ......................... ..49 088-07 Intent to Dispose of City Interest Finley Home Addition ................................................................. ..49 089-07 Intent to Dispose of Interest by Lease to Iowa Communications and Technology Commission......... ..50 090-07 Preliminary Approval Plans/Specs for Federal Building Renovation Project .................................... ..50 091-07 Fixing Date of Hearing Plans/Specs for Federal Building Renovation Project .................................. ..51 092-07 Ordering Bids for Federal Building Renovation Project ................................................................... ..51 093-07 Preliminary Plans/Specs Historic Old Main Street -Lighting and Sidewalk Replacement Project..... ..51 094-07 Fixing Date of Hearing Historic Old Main Street -Lighting and Sidewalk Replacement Project ...... .. 52 095-07 Resolution of Necessity Historic Old Main Street -Lighting and Sidewalk Replacement Project ..... ..52 096-07 Fixing Date of Hearing on Resolution of Necessity Historic Old Main Street -Lighting and Sidewa lk Replacement Project .............................................................................................................................. ..52 097-07 Adopting Preliminary Schedule of Assessments Historic Old Main Street -Lighting and Sidewalk Replacement Project .............................................................................................................................. ..53 098-07 Ordering Bids Historic Old Main Street -Lighting and Sidewalk Replacement Project .................... ..53 36 INDEX Book 137 099-07 Preliminary Plans/Specs Fifth Street Reconstruction -Alpine to Hill Streets Project ..........................53 100-07 Fixing Date of Hearing on Plans/Specs Fifth Street Reconstruction -Alpine to Hill Streets Project....54 101-07 Resolution of Necessity Fifth Street Reconstruction -Alpine to Hill Streets Project ...........................54 102-07 Fixing Date of Hearing on Resolution of Necessity Fifth Street Reconstruction -Alpine to Hill Streets Project .................................................................................................................................................... 54 103-07 Adopting Preliminary Schedule of Assessments Fifth Street Reconstruction -Alpine to Hill Streets Project .................................................................................................................................................... 55 104-07 Ordering Bids Fifth Street Reconstruction -Alpine to Hill Streets Project ......................................... 55 105-07 Setting Date for Hearing on Fiscal Year 2008 Budget ....................................................................... 55 106-07 Setking Date for Hearing on Five-Year Capital Improvement Program FY 2008-2012 ........................ 55 107-07 Minimum Requirements DICW Development for Kendall Hunt Publishing, Westmark Enterprises, Inc., and Great River Technologies, LLC ................................................................................................. 56 108-07 Approving Amended/Restated Urban Renewal Plan, Greater Downtown Urban Renewal District...... 59 109-07 Approving Plat of Proposed Vacated Portion of Union Street South of Rush Street ............................ 60 110-07 Vacating Portion of Union Street South of Rush Street ...................................................................... 60 111-07 Disposing of City Interest in Lot 209A Union Addition .................................................................... 60 112-07 Adopting Plans/Specs Heron Pond Tree Removal Project ................................................................. 61 113-07 Awarding Contract Heron Pond Tree Removal Project ...................................................................... 61 114-07 Approving Contract with Top Grade Excavating Heron Pond Tree Removal Project .......................... 61 115-07 Approving Second Amendment to First Transit Agreement ............................................................... 62 116-07 Approving Agreement with International Union of Operating Engineers Local #758 .......................... 72 117-07 Approving Acquisition of 2404 Washington Street ........................................................................... 73 118-07 Approving Acquisition of 2318 Washington Street ........................................................................... 73 119-07 Approving Acquisition of 508 East 22nd Street ................................................................................ 74 120-07 Approving Purchase of Dump Truck to Replace #4404 ..................................................................... 74 121-07 Approving Purchase of Dump Truck to Replace #4408 ..................................................................... 74 122-07 Approving Purchase of Dump Truck to replace #3216 ...................................................................... 75 123-07 Voluntary Severance of Territory, Berry Lane, Sandpiper Lane ......................................................... 75 124-07 Beer Permits, March 5, 2007 ............................................................................................................ 77 125-07 Liquor Licenses, March 5, 2007 ....................................................................................................... 77 126-07 Preliminary Plans/Specs City Hall Envelope Restoration (Tuckpointing) Project ............................... 77 127-07 Fixing Date of Hearing on Plans/Specs City Hall Envelope Restoration (Tuckpointing) Project ......... 77 128-07 Ordering Bids City Hall Envelope Restoration (Tuckpointing) Project ............................................... 78 129-07 Preliminary Approval of Plans/specs Federal Building Exterior Window Lead Paint Removal & Painting and Renovated Areas Window Repair, Glass Replacement, Interior Window Lead Paint Removal & Painting Project ....................................................................................................................................... 78 130-07 Fixing Date of Hearing Plans/Specs Federal Building Exterior Window Lead Paint Removal & Painting & Renovated Areas, Window Repair, Glass Replacement, Interior Window Lead Paint Removal & Painting Project ....................................................................................................................................... 78 131-07 Ordering Bids Federal Building Exterior Window Lead Paint Removal & Painting and Renovated Areas Window Repair, Glass Replacement, Interior Window Lead Paint Removal & Painting Project ....... 79 132-07 Preliminary Approval Plans/Specs Valentine Park Restroom Project ................................................. 79 133-07 Fixing Date of Hearing Plans/Specs Valentine Park Restroom Project ............................................... 79 134-07 Ordering Bids Valentine Park Restroom Project ............................................................................... 80 135-07 Approving Plat Proposed Vacating Alleys Between Alta Vista Street and North Booth Street from Loras Boulevard to Vernon Street for Loras College ................................................................................. 80 136-07 Vacating Alleys Between Alta Vista Street and North Booth Street from Loras Boulevard to Vernon Street for Loras College ........................................................................................................................... 81 137-07 Disposing of City Interest Alleys Between Alta Vista Street and North Booth Street from Loras Boulevard to Vernon Street for Loras College .......................................................................................... 81 138-07 Disposing of City Interest Lot 1 of Finely Home Addition ................................................................ 82 139-07 Disposing of Interest in Property by Lease with Iowa Communications and Technology Commission 82 140-07 Approval of Plans/Specs Historic Old Main Street Lighting and Sidewalk Replacement Proj ect......... 83 141-07 Resolution of Necessity Historic Old Main Street Lighting and Sidewalk Replacement Project.......... 83 142-07 Preliminary Approval Schedule of Assessments Historic Old Main Street Lighting and Sidewalk Replacement Project ................................................................................................................................ 83 143-07 Approval of Plans/Specs Fifth Street Reconstruction -Alpine to Hill Streets Project ......................... 84 144-07 Resolution of Necessity Fifth Street Reconstruction -Alpine to Hill Streets Project ........................... 84 145-07 Preliminary Schedule of Proposed Assessments for the 5th Street Reconstruction Project -Alpine Street to Hill Street .................................................................................................................................. 84 146-07 Rejecting Bids US 20 (Devon Drive to Menards) Capacity Improvements Project - Phase II .............. 86 147-07 Agreement with IDNR, Dubuque Co. Historical Society, National Scenic Byways Grant ................... 87 148-07 Abolishing the Transportation Clerk Position, Transit Division ......................................................... 87 Book 137 INDEX 37 149-07 Approving Fiscal Year 2008 Operating Budget for Assisted Housing Programs, Housing Department90 150-07 Adopting Fiscal Year 2008 Annual Budget ..................................................................................... ..91 151-07 Adopting the Five Year Capital Improvement Program July 1, 2007 -June 30, 2012 ........................ ..91 152-07 Adopting Fiscal Year 2008 CDBG Annual Action Plan .................................................................. ..92 153-07 Accepting Improvements in Arbor Estates Phase I and 2 ................................................................. ..96 154-07 Purchase of 2 Air Handling Units for Federal Building Renovation ................................................. .. 97 155-07 Awarding Contract Historic Old Main Street Lighting and Sidewalk Replacement Project ............... ..97 156-07 Approving Contract Portzen Construction for Historic Old Main Street Lighting and Sidewalk Replacement Project .............................................................................................................................. ..97 157-07 Approving Purchase of 10 Replacement Police Vehicles ................................................................. ..97 158-07 Approving Agreement with Edward A. Green Documenting a Previous Agreement ......................... ..99 159-07 Accepting the Northwest Arterial Hike /Bike Trail - Phase L ......................................................... ..99 160-07 Beer Permits, March 19, 2008 ........................................................................................................ 100 161-07 Liquor Licenses, March 19, 2008 ................................................................................................... 100 162-07 Intent to Dispose of Interest in Lenox Addition ............................................................................... 101 163-07 Preliminary Approval Plans/Specs City Hall Parking Lot Reconstruction Project ............................. 101 164-07 Fixing Date of Hearing Plans/Specs City Hall Parking Lot Reconstruction Project ........................... 101 164A-07 Preliminary Schedule of Assessment City Hall Parking Lot Reconstruction Project ....................... 102 165-07 Resolution of Necessity City Hall Parking Lot Reconstruction Project ............................................. 102 166-07 Fixing Date of Hearing on Resolution of Necessity, City Hall Parking Lot Reconstruction Project ... 103 167-07 Ordering Bids City Hall Parking Lot Reconstruction Project ........................................................... 103 168-07 Adopting Plans/Specs Eagle Point Park Fee Collector's Building Project ........................................ 108 169-07 Awarding Contract Eagle Point Park Fee Collector's Building Project ............................................. 108 170-07 Approving Contract Klauer Construction Co. Eagle Point Park Fee Collector's Building Project...... 108 171-07 Approval of Plans/Specs Revised Cost for Federal Building Renovation Project .............................. 109 172-07 Awarding Contract for Federal Building Renovation Project ........................................................... 109 173-07 Approving Contract, Tricon General Construction for Federal Building Renovation Project ............. 109 174-07 Urging the Repeal of Iowa Code §692A.2A and Replacing it With Child Safe Zone Iowa Legislation ............................................................................................................................................................. 110 175-07 Accepting Improvements in Cedar Ridge Farm Place No. 7 ............................................................ 112 176-07 Rescinding Resolution 74-07, Adopting Revised Final Schedule of Assessments for 5th Street Reconstruction Project Delhi Street to Alpine Street ............................................................................... 112 177-07 Approving Expenditures In Excess of $25,000 for Certain Purchases of Goods and Equipment........ 116 178-07 Cigarette Licenses, Apri12, 2008 ................................................................................................... 116 179-07 Beer Permits, Apri12, 2008 ............................................................................................................ 117 180-07 Liquor Licenses, Apri12, 2008 ....................................................................................................... 117 181-07 Preliminary Plans/Specs 2007 Asphalt Paving Project ..................................................................... 117 182-07 Fixing Date of Hearing Plans/Specs 2007 Asphalt Paving Project ................................................... 118 183-07 Ordering Bids 2007 Asphalt Paving Project .................................................................................... 118 184-07 Preliminary Plans/Specs Downtown Streetlight and Traffic Signalization Pole Painting Project ....... 118 185-07 Fixing Date of Hearing Plans/Specs Downtown Streetlight and Traffic Signalization Pole Painting Project .................................................................................................................................................. 118 186-07 Ordering Bids Downtown Streetlight and Traffic Signalization Pole Painting Project ....................... 119 187-07 Preliminary Approval of Plans/Specs Port of Dubuque Outdoor Plaza Phase 1 Project ..................... 119 188-07 Fixing Date of Public Hearing Plans/Specs Dubuque Outdoor Plaza Phase 1 Project ........................ 119 189-07 Ordering Bids Dubuque Outdoor Plaza Phase 1 Project ................................................................... 120 190-07 Approving Plat of Survey Lenox Addition No. 3 ............................................................................ 121 191-07 Disposing of City Interest in Lot 1 of Lenox Addition No. 3 ........................................................... 121 192-07 Proposal -Walter Development, Kendall Hunt, West Mark, and Great River Technology to Acquire /Develop Property in DICW is in Compliance ........................................................................................ 121 193-07 Accepting Proposal from Walter Development, Kendall Hunt, Westmark, and Great River Technology for Purchase of Property in DICW and Approving Development Agreement ........................................... 122 194-07 Approval of Plans/Specs City Hall Parking Lot Reconstruction Project ........................................... 123 195-07 Adoption of Resolution of Necessity for City Hall Parking Lot Reconstruction Project .................... 123 196-07 Rejecting Bids for City Hall Envelope Restoration (Tuckpointing Project) ...................................... 123 197-07 Approval of Plans/Specs Historic Federal Building Exterior Window Lead Paint Removal & Paintin g and Renovated Areas Window Repair, Glass Replacement, Interior Window Lead Paint Removal & Pain ting Project .................................................................................................................................................. 124 198-07 Awarding Contract Historic Federal Building Exterior Window Lead Paint Removal & Painting and Renovated Areas Window Repair, Glass Replacement, Interior Window Lead Paint Removal & Painting Project .................................................................................................................................................. 124 199-07 Awarding Public Improvement Contract for the Fifth Street Reconstruction Project -Alpine to Hill Street .................................................................................................................................................... 126 38 INDEX Book 137 200-07 Approving Contract Horsfield Construction Inc. 5th Street Reconstruction Project Alpine Street to Hill Street .................................................................................................................................................... 127 201-07 Approving Plat of Survey Lot 1 and Lot 2 of Finley Home Place No. 2 ........................................... 128 202-07 Approving Purchase/Installation of AV Equipment, Historic Federal Building Renovation .............. 129 203-07 Approving Purchase of Furnishings, Housing Department, Historic Federal Building Renovation .... 129 204-07 Acceptance of Eagle Point Park Roofing Project ............................................................................. 129 205-07 Final Estimate Eagle Point Park Roofing Project ............................................................................. 130 206-07 Approving 2030 Future Land Use Map of the Comprehensive Plan ................................................. 130 207-07 Approving Expenditures in Excess of $25,000, 31,000 GVW Dump Trucks .................................... 131 208-07 Approving Public Improvement Contracts, Old Main Street Lighting/Sidewalk, Historic Federal Building Renovation, and Eagle Point Park Fee Collector's Building ....................................................... 131 209-07 Beer Permits, April 16, 2007 .......................................................................................................... 131 210-07 Liquor Licenses, April 16, 2007 ..................................................................................................... 132 211-07 Setking Hearing Date for Budget Amendment No. 2, Fiscal Year 2007 ............................................ 132 212-07 Preliminary Plans/Specs White Water Creek Bridge Phase II Lead Paint Removal, Cleaning and Painting ................................................................................................................................................. 13 3 213-07 Fixing Date of Hearing on Plans/Specs White Water Creek Bridge -Phase II, Lead Paint Removal, Cleaning and Painting ............................................................................................................................ 133 214-07 Ordering Bids White Water Creek Bridge Relocation Project -Phase II, Lead Paint Removal, Clean ing and Painting .......................................................................................................................................... 133 215-07 Preliminary Plans/Specs Rush Street Reconstruction Project ........................................................... 134 216-07 Fixing Date of Hearing Rush Street Reconstruction Project ............................................................. 134 217-07 Ordering Bids Rush Street Reconstruction Project .......................................................................... 134 218-07 Approving Plats, Schedule of Assessments Rush Street Reconstruction Project ............................... 134 219-07 Resolution of Necessity Rush Street Reconstruction Project ........................................................... 135 220-07 Fixing Date of Hearing on Resolution of Necessity Rush Street Reconstruction Project ................... 135 221-07 Preliminary Plans/Specs 2007 Asbury Plaza Area Wastewater Pumping Facilities Project ................ 136 222-07 Fixing Date of Hearing on Plans/Specs 2007 Asbury Plaza Area Wastewater Pumping Facilities Project ............................................................................................................................................................. 136 223-07 Ordering Bids 2007 Asbury Plaza Area Wastewater Pumping Facilities Project ............................... 136 224-07 Preliminary Plans/Specs US 20 (Devon Drive to Menards) Capacity Improvements Project -Phase II ............................................................................................................................................................. 137 225-07 Fixing Date of Hearing on Plans/Specs US 20 (Devon Drive to Menards) Capacity Improvements Project -Phase II ................................................................................................................................. .137 226-07 Ordering Bids Traffic Signal and Intelligent Transportation System Improvements ......................... .137 227-07 Approval of Plans/Specs 2007 Asphalt Paving Project ................................................................... .145 228-07 Approval of Plans/Specs Downtown Streetlight & Traffic Signalization Pole Painting Project ........ .145 229-07 Adopting Plans/Specs Valentine Park Rest Room Project ............................................................... .145 230-07 Awarding Contract Valentine Park Rest Room Project ................................................................... .145 231-07 Approving Construction Contract Valentine Park Rest Room Project ............................................. .146 232-07 Approving Final Plat, Miller Place ................................................................................................ .146 233-07 Approving Final Plat, Silver Oaks Estates ..................................................................................... .147 234-07 Accepting Heron Pond Tree Removal Project ................................................................................ .151 235-07 Final Estimate Heron Pond Tree Removal Project .......................................................................... .152 236-07 Approving Traffic Paint and Pavement Markings Agreement, Dubuque County ............................. .154 237-07 Approving State of Iowa Federal Aid Grade Crossing Surface Repair Agreements, Fifth and Jones Streets .................................................................................................................................................. .154 238-07 Accepting Sanitary Sewer Lift Station in Arbor Estates -Phase 3 .................................................. .155 239-07 Approving Plat of Survey Washington Court 2nd Addition Consolidation of Lots ........................... .155 240-07 Durrant Group CEBA Loan and Enterprise Zone Funding, Port of Dubuque ................................... .156 241-07 Cottingham and Butler CEBA Loan and Enterprise Zone Funding .................................................. .156 242-07 Acquisition of Property at 511-513 Rhomberg Avenue .................................................................. .157 243-07 Application for Federal Transportation Assistance ......................................................................... .158 244-07 Publication of Notice of Intent to Request Release of Funds for CDBG Projects FY 2008 ............... .159 245-07 Wage Plan and Compensation Package for Non-Bargaining Unit Employees for Fiscal Year 2008.. .160 246-07 Accepting the Iowa/Locust Street Parking Ramp Restoration Project .............................................. .161 247-07 Awarding Contract for City Hall Parking Lot Reconstruction Project ............................................. .161 248-07 Awarding Contract for 2007 Asphalt Paving Program .................................................................... .162 249-07 Awarding Contract Downtown Streetlight and Traffic Signalization Pole Painting Project .............. .162 250-07 Awarding Contract City Hall Third Floor Office Expansion Project ............................................... .162 251-07 Beer Permits, May 7, 2007 ............................................................................................................ .163 252-07 Liquor Licenses, May 7, 2007 ....................................................................................................... .163 253-07 Intent to Dispose of Property, Port of Dubuque Adams Development, LLC .................................... .164 Book 137 INDEX 39 254-07 Preliminary Plans/Specs US 52 North Storm Sewer Improvement Project ...................... 255-07 Fixing Date of Hearing on Plans/Specs US 52 North Storm Sewer Improvement Project. 256-07 Ordering Bids US 52 North Storm Sewer Improvement Project ...................................... 257-07 Preliminary Approval Plans/Specs Grand River Center Carpet Replacement Project....... 258-07 Fixing Date of Hearing on Plans/Specs Grand River Center Carpet Replacement Project 259-07 Ordering Bids Grand River Center Carpet Replacement Project ..................................... 260-07 Development Agreement with L & J Properties Dubuque, LLC ...................................... 261-07 Setting Date of Hearing, Budget Amendment No. 2, Fiscal Year 2007 ............................ 262-07 Approval of Plans/Specs Port of Dubuque Outdoor Plaza Phase 1 Project ....................... 263-07 Awarding Contract Port of Dubuque Outdoor Plaza Phase L .......................................... 165 165 165 166 166 166 167 169 169 170 264-07 Approval of Plans/Specs White Water Creek Bridge Project Phase II -Lead Paint Removal, Cleaning and Painting ..........................................................................................................................................170 265-07 Approval of Plans/Specs Rush Street Reconstruction Project Bryant Street to Villa Street ................170 266-07 Adoption of Resolution of Necessity Rush Street Reconstruction Project Bryant Street to Villa Street .............................................................................................................................................................170 267-07 Approving Schedule of Assessments Rush Street Reconstruction Project Bryant Street to Villa Street .............................................................................................................................................................171 268-07 Approval of Plans/Specs Asbury Plaza Area Wastewater Pumping Facilities Project ........................171 269-07 Approval of Plans/Specs US 20 (Devon Drive to Menards) Capacity Improvements Project -Phase II .............................................................................................................................................................171 270-07 Approving HRDP Grant Applications Funds for ISHC Downtown Dubuque Design Guidelines.......172 271-07 Authorizing Filing EVA Application on Behalf of Genuine Genius Solutions ..................................173 272-07 Approving Plat of Survey Lot 1 Dubuque Technology Park ............................................................176 273-07 Approving Plat of Survey Lot 1, Lot 2 Dubuque Technology Park ................................................. .176 274-07 Accepting 2006 Asphalt Paving Project ......................................................................................... .177 275-07 Rejecting Bid White Water Creek Bridge Relocation Project, Phase II, Lead Paint Removal, Cleani ng, and Painting ......................................................................................................................................... .178 276-07 Cigarette Licenses, May 21, 2007 .................................................................................................. .178 277-07 Beer Permits, May 21, 2007 .......................................................................................................... .179 278-07 Liquor Licenses, May 21, 2007 ..................................................................................................... .179 279-07 Liquor Licenses, Native Wine, May 21, 2007 ................................................................................ .179 280-07 Preliminary Approval Plans/Specs Ice Harbor Transient Boat Dock Facility Project ....................... .180 281-07 Fixing Date of Hearing Plans/Specs Ice Harbor Transient Boat Dock Facility Project ..................... .180 282-07 Ordering Bids Ice Harbor Transient Boat Dock Facility Project ...................................................... .180 283-07 Preliminary Approval Plans/Specs Decorative Concrete Repair and Maintenance Project ................ .180 284-07 Fixing Date of Hearing Plans/Specs Decorative Concrete Repair and Maintenance Project .............. .181 285-07 Ordering Bids Decorative Concrete Repair and Maintenance Project .............................................. .181 286-07 Preliminary Approval of Plans/Specs Third Street Overpass Lighting Project ................................. .181 287-07 Fixing Date of Hearing on Plans/Specs Third Street Overpass Lighting Project ............................... .182 288-07 Ordering Bids Third Street Overpass Lighting Project .................................................................... .182 289-07 Preliminary Approval of Plans/Specs Kaufmann Avenue Alley Storm Sewer Construction Project.. .182 290-07 Fixing Date of Hearing on Plans/Specs Kaufmann Avenue Alley Storm Sewer Construction Projec t183 291-07 Ordering Bids Kaufmann Avenue Alley Storm Sewer Construction Project .................................... .183 292-07 Intent to Vacate Property, River Front Subdivision for Union Hoermann Press ............................... .183 293-07 Fixing Date of Hearing, Urban Renewal Bonds, Port of Dubuque Parking Facility .......................... .184 294-07 Intent to Dispose of Property, Interstate Power and Light Company Easement ............................ .....185 295-07 Disposing of Interest in Real Property by Deed to Port of Dubuque Adams Development LLC ... .....197 296-07 Approval of Plans/Specs US 52 North Storm Sewer Improvement Project .................................. .....198 297-07 Approval of Plans/Specs Grand River Center Carpet Replacement Project .................................. .....198 298-07 Authorizing Development Agreement with German Bank Building, LLLP ................................. .....199 299-07 Authorizing Award of Community Partnership Program Funds FY 2008 .................................... .....201 300-07 Preliminary Approval of Plans/Specs Pedestrian Wayfinding Sign System ................................. .....202 301-07 Fixing Date of Hearing on Plans/Specs Pedestrian Wayfinding Sign System ............................... .....202 302-07 Ordering Bids Pedestrian Wayfinding Sign System .................................................................... .....203 303-07 Fixing Rates for Monthly Pass on KeyLine Transit ................................................................... .....203 304-07 Awarding Contract Asbury Plaza Area Wastewater Pumping Facilities 2007 Project .................. .....203 305-07 Awarding Contract Rush Street Reconstruction Project, Bryant to Villa Streets .......................... .....204 306-07 Approving First Amendment, Port of Dubuque Public Parking Facility Development Agreement with Diamond Jo ...................................................................................................................................... .....204 307-07 Authorizing City Manager to Execute Contracts/Leases on Behalf of the City of Dubuque .......... .....205 308-07 Adopting Final Assessment Schedule for Snow Removal, Right-of--Way Obstruction ................. .....206 309-07 Approving Traffic Paint and Pavement Markings Agreement between the City of Dubuque and the City of Asbury ......................................................................................................................................... .....207 40 INDEX Book 137 310-07 Accepting the Crescent Community Health Center Parking Lot Project .......................................... .207 311-07 Accepting the Loras Boulevard Traffic Signalization Project .......................................................... .208 312-07 Approving Public Improvement Contracts and Bonds (June4, 2008) ............................................... .209 313-07 Beer Permits, June 4, 2007 ............................................................................................................ .209 314-07 Liquor Licenses, June 4, 2007 ....................................................................................................... .210 315-07 Preliminary Approval Plans/Specs York and Curtis Street Storm Sewer Improvement Project......... .210 316-07 Fixing Date of Hearing on Plans/Specs York and Curkis Street Storm Sewer Improvement Project.. .210 317-07 Ordering Bids York and Curtis Street Storm Sewer Improvement Project ....................................... .211 318-07 Preliminary Approval of Plans/Specs Star Brewery Drive Construction Project .............................. .211 319-07 Fixing Date of Hearing on Plans/Specs Star Brewery Drive Construction Project ............................ .211 320-07 Ordering Bids Star Brewery Drive Construction Project ................................................................. .211 321-07 Fixing Date of Meeting Port of Dubuque Parking Ramp -Urban Renewal Tax Increment Revenue Bonds .................................................................................................................................................. .212 322-07 Intent to Dispose of Interest, Sanitary Sewer Easement for Raven Oaks .......................................... .213 323-07 Approving Plat, Vacated Portion of Kerper Boulevard for Union Hoerman Press in River Front Subdivision .......................................................................................................................................... .213 324-07 Vacating Portion of Kerper Boulevard for Union Hoerman Press in River Front Subdivision .......... .214 325-07 Disposing of Interest in Lot lA, Block 19, River Front Subdivision (Union Hoerman Press)........... .214 326-07 Disposing of Interest by Easement, Interstate Power and Light Company, Port of Dubuque ............ .214 327-07 Approval of Plans/Specs Ice Harbor Transient Boat Dock Facility Project ...................................... .215 328-07 Ordering Re-Advertisement of Bids Ice Harbor Transient Boat Dock Project .................................. .215 329-07 Approval of Plans/Specs Decorative Concrete Repair and Maintenance Project .............................. .216 330-07 Ordering Re-Advertisement of Bids Decorative Concrete Repair and Maintenance Project ............. .216 331-07 Approval of Plans/Specs Third Street Overpass Lighting Project .................................................... .216 332-07 Approval of Plans/Specs Pedestrian Wayfinding Sign System ........................................................ .216 333-07 Re-Approving Final Plat Asbury Plaza Business Park First Addition .............................................. .217 334-07 Awarding Contract US 20 (Devon Drive to Menards) Capacity Improvements - Phase II Proj ect.... .218 335-07 Accepting Improvement Chaplain Schmitt Memorial Project ......................................................... .222 336-07 Final Estimate Chaplain Schmitt Memorial Project ........................................................................ .222 337-07 Approving Plat of Survey Tee Box Place ....................................................................................... .223 338-07 Approving Plat of Survey Links Glen Place ................................................................................... .223 339-07 Approving Plat of Survey Mineral Lot 138, Links Glen Condominium ........................................... .223 340-07 Preserve America Grant Application for Expansion of the Mines of Spain Interpretive Exhibit and Education Program ............................................................................................................................... .224 341-07 Approving Plat of Survey, Dubuque Tech Park for America's River Sign ....................................... .224 342-07 Awarding Contract for US 52 North Stormsewer Improvement Project .......................................... .225 343-07 Accepting Improvement City Hall First Floor Restroom Renovation Project ................................... .225 344-07 Final Estimate City Hall First Floor Restroom Renovations Project ................................................ .225 345-07 Liquor License Renewals, July 2, 2007 .......................................................................................... .226 346-07 Beer Permits, June 18, 2007 .......................................................................................................... .227 347-07 Liquor Licenses, June 18, 2007 ..................................................................................................... .227 348-07 Preliminary Approval of Plans/Specs for Port of Dubuque Public Parking Facilities Project ............ .227 349-07 Compliance of L & J Properties Dubuque, LLC, Development Agreement, Dubuque Industrial Cen ter South Urban Renewal District ............................................................................................................... .232 350-07 Accepting Proposal from L & J Properties Dubuque, LLC, Purchase of Property, Dubuque Industrial Center South Urban Renewal District .................................................................................................... .233 351-07 Instituting Proceedings, Issuance of Urban Renewal Tax Increment Revenue Bonds for Port of Dubuque Public Parking Facility ........................................................................................................... .234 352-07 Accepting Conveyance of Easement, Raven Oaks, Raven Oaks Place ............................................ .234 353-07 Disposing of Interest, Sanitary Sewer Easement, Raven Oaks, Raven Oaks Place ........................... .235 354-07 Approval of Plans/Specs York and Curtis Street Storm Sewer Improvement Project ....................... .235 355-07 Approval of Plans/Specs Star Brewery Drive Construction Project ................................................. .235 356-07 Approval of Plans/Specs Kaufmann Avenue Alley Storm Sewer Construction Project .................... .236 357-07 Awarding Contract, Grand River Center Carpet Replacement Project ............................................. .237 358-07 Approval of Application for State Recreational Trails Program Funds for Bi-Lingual Bike/Hike Trail Signage Project .................................................................................................................................... .238 359-07 Amendment 1 Community Development Block Grant Annual Action Plan Fiscal Year 2008 .......... .239 360-07 Accepting Conveyance of Easement, Pfohl Farm, for Asbury Road Widening at Sam's Club .......... .239 361-07 Approving Acquisition Plat Lot 1, Pfohl Farm, Accepting Right-of--Way for Asbury Road .............. .240 362-07 Approving Acquisition Plat Lot 2, Pfohl Farm, Accepting Right-of--Way for Asbury Road .............. .240 363-07 Awarding Contract for Third Street Overpass Light Replacement Project ....................................... .241 364-07 Awarding Contract for Pedestrian Wayfinding Sign System Design Project .................................... .241 365-07 Approving Public Improvement Contracts and Bonds, July 2, 2008 ................................................ .242 Book 137 INDEX 41 366-07 Cigarette Licenses, July 2, 2007 .................................................................................................... .242 367-07 Beer Permits, July 2, 2007 ............................................................................................................ .243 368-07 Liquor Licenses, July 2, 2007 ........................................................................................................ .243 369-07 Preliminary Approval of Plan/Specs, Ordering Bids for 2007 Sewer CIPP Lining Project ............... .243 370-07 Intent to Dispose of Property by Lease Agreement with Dubuque Community Ice and Recreational Center (McAleece Park) ....................................................................................................................... .244 371-07 Approval of Plans/Specs Port of Dubuque Public Parking Facilities Project .................................... .245 372-07 Ordering Re-Advertisement of Bids Port of Dubuque Public Parking Facilities Project ................... .245 373-07 Authorizing a REAP Grant Application to the Iowa DNR, Trolley Line Trail ................................. .247 374-07 Awarding Contract Port of Dubuque Ice Harbor Transient Boat Dock Project ................................. .247 375-07 Awarding Contract for Decorative Concrete Repair and Maintenance Project ................................. .247 376-07 Accepting North Grandview Estates Sanitary Sewer and Watermain Project ................................... .249 377-07 Accepting the Reeder and Lois Streets Sanitary Sewer Construction Project ................................... .250 378-07 Accepting Port of Dubuque Storm Sewer Extension, Phase V Project ............................................. .250 379-07 Accepting Improvements in Cedar Lake Plaza ............................................................................... .251 380-07 Awarding Contract for Kaufmann Avenue Storm Sewer Construction Project ................................ .251 381-07 Awarding Contract for York and Curtis Street Storm Sewer Construction Project ........................... .252 382-07 Awarding Contract for Star Brewery Drive Construction Project .................................................... .252 383-07 Authorizing Contract Agreement for a Boating Infrastructure Grant Contract for the Main Channel Transient Boat Dock Facility at the Port of Dubuque ............................................................................. .252 384-07 Accepting Deed to Real Estate from Dubuque Initiatives for Dubuque Hardwoods and Klauer Properties in the Port of Dubuque) ........................................................................................................ .253 384A-07 Approving Plat of Survey, Dubuque Industrial Center West 7th Addition .................................... .254 385-07 Approving Housing Enterprise Zone Program Agreement Port of Dubuque New Main Devel. LLC .254 386-07 Approving Documents for Issuance of Tax Increment Revenue Bonds, Port of Dubuque Public Parking Facility ................................................................................................................................................. . 25 5 387-07 Accepting Deed to Real Estate for 1126 White Street from Dubuque Community School District ... .256 388-07 Liquor Licenses, July 16, 2007 ...................................................................................................... .257 389-07 Cigarette Licenses, July 16, 2007 .................................................................................................. .257 390-07 Intent to Dispose of Interest in Property by Lease with Finley Hospital (Cancer Survivor Park)....... .257 391-07 Fixing Date of Meeting Authorizing Water Revenue Capital Loan Notes, Municipal Water Facility, 258 392-07 Preliminary Approval of Plans/Specs, Ordering Bids for Eagle Point Water Plant Clear Well Rehabilitation Project ........................................................................................................................... .259 393-07 Preliminary Approval of Plans/Specs, Ordering Bids for Five Flags Sidewalk/Lighting Replacemen t Project ................................................................................................................................................. .260 394-07 Intent to Dispose of Interest in Real Estate in DICW for Art's Way /Vessel's, Inc .......................... .260 395-07 Approval of Plan/Specs 2007 Sewer CIPP Lining Project .............................................................. .262 396-07 Disposing of Interest in Property by Lease with Dubuque Community & Recreational Center......... .262 397-07 Approving Final Plat, Cedar Lake Building Group First Addition ................................................... .264 398-07 Approving Final Plat of Julien Care Place ...................................................................................... .265 399-07 Approving Final Plat of Arensdorf Acres ....................................................................................... .265 400-07 Waiving Sidewalk Requirement for Swiss Valley Farms, 3510 Central Avenue .............................. .265 401-07 Liquor Licenses, July 16, 2007 ...................................................................................................... .266 402-07 Approving Acquisition of 2100 Kniest Street for Bee Branch Creek Restoration Project ................. .276 403-07 Approving Acquisition of Property at 2249-2251 Prince Street for Bee Branch Creek Restoration Project ................................................................................................................................................. .277 404-07 Approving Acquisition of Property at 2006 Kniest Street for Bee Branch Creek Restoration Project .277 405-07 Approving Acquisition of Property at 2234 Washington Street for Bee Branch Creek Restoration Project ................................................................................................................................................. .278 406-07 Approving Acquisition of Property at 509 Rhomberg Avenue for Bee Branch Creek Restoration Project ................................................................................................................................................. .278 407-07 Execution of CDBG Agreement with US Department of Housing and Urban Development ............. .279 408-07 Approving FY 2007 Addendum, Consolidated Plan for Housing and Community Development...... .279 409-07 Establishing the Compensation of the City Attorney ...................................................................... .280 410-07 Establishing Fair Market Value for Property Owned by the Estate of Arthur P. Frommelt (Gillespie ) ............................................................................................................................................................ . 2 81 411-07 Approving Cooperative Agreement with IDOT, Improving Extension of Primary Road No. U.S. 52 281 412-07 Awarding Contract for 2007 Sewer CIPP Lining Project ................................................................ .281 413-07 Authorizing Grant Agreement, Iowa Great Places, Bi-Lingual Bike/Hike Trail Signage Project ...... .282 414-07 Approving Public Improvement Contracts and Bonds, August 6, 2007 ........................................... .282 415-07 Cigarette Licenses, August 6, 2007 ................................................................................................ .282 416-07 Beer Permits, August 6, 2007 ........................................................................................................ .283 417-07 Liquor Licenses, August 6, 2007 ................................................................................................... .283 42 INDEX Book 137 418-07 Intent to Dispose of City Interest in Lot 19A, Union Avenue Subdivision ....................................... .283 419-07 Disposing of Interest in Property by Lease with Finley Hospital (Cancer Survivor Park) ................. .284 420-07 Instituting Proceedings, Issuance of Water Revenue Capital Loan Notes (Municipal Water Utility). .285 421-07 Approval of Plans/Specs Eagle Point Water Plant Clear Well Rehabilitation Project ....................... .285 422-07 Approval of Plans/Specs for Five Flags Sidewalk and Lighting Replacement Project ...................... .286 423-07 Award of Contract for Five Flags Sidewalk and Lighting Replacement Project ............................... .286 424-07 Approving Development Agreement for Sale of Land in the DICW to Art's Way /Vessels, Inc....... .286 425-07 Adopting the Warehouse District Revitalization Strategy ............................................................... .287 426-07 Approving Amendment FY 2007 & FY 2008 Annual Action Plans for CDBG Funds ..................... .288 427-07 Approving Development Agreement for Cottingham & Butler's Security Building Project .............. .288 428-07 Approving Second Amendment to the Port of Dubuque Public Parking Facility Development Agreement with the Diamond Jo ........................................................................................................... .293 429-07 Approving Acquisition of 507 Rhomberg Avenue for Bee Branch Creek Restoration Project.......... .295 430-07 Approving Acquisition of Property at 2320 Washington Street for Bee Branch Creek Restoration Project ................................................................................................................................................. .295 431-07 Accepting Fiber Optic Conduit System Phase I Project, Authorizing Payment of Contract .............. .295 432-07 Approving Submittal of CLG Grant Application, Downtown Design Guidelines Manual ................ .296 433-07 Authorizing Joint Grant Application with IDOT for Traffic Safety Improvement Funding, IA 32 NW Arterial and Asbury Road ..................................................................................................................... .296 434-07 Approving Public Improvement Contracts and Bonds, August 20, 2007 ......................................... .298 435-07 Beer Permits, August 20, 2007 ...................................................................................................... .298 436-07 Liquor Licenses, August 20, 2007 ................................................................................................. .298 437-07 Intent to Vacate, Dispose of City Interest, Raven Oaks No. 2 ......................................................... .299 438-07 Preliminary Approval of Plans/Specs for the Town Clock Renovation Project ................................ .299 439-07 Fixing Date of Hearing on Plans/Specs for Town Clock Renovation Project ................................... .300 440-07 Ordering Bids for Town Clock Renovation Project ........................................................................ .300 441-07 Disposing of City Interest in Lot 19A of Union Avenue Subdivision .............................................. . 303 442-07 Approving Final Plat of Henschel-McNamer Place Plat #3 ............................................................. .303 443-07 Liquor Licenses, August 20, 2007 ................................................................................................. . 304 444-07 Approving Agreement with Kraemer Brothers, LLC, Extending the Bid for Construction of the Po rt of Dubuque Public Parking Facility ........................................................................................................... .305 445-07 Accepting the Port of Dubuque Recognition Wall Project .............................................................. . 307 446-07 Approving the Acquisition of Property Located at 509 Lincoln Avenue for Bee Branch Creek Restoration Project ............................................................................................................................... . 308 447-07 Approving Acquisition of Property Located at 2010 Kniest Street for Bee Branch Creek Restoration Project ................................................................................................................................................. .308 448-07 Awarding Contract for the Eagle Point Water Plant Clear Well Reservoir Rehabilitation ................. .309 449-07 Accepting Deed for Real Estate from Plastic Center, Inc., d/b/a The Fischer Companies ................. .309 450-07 Designating ECIA as the Applicant for the Hazard Mitigation Grant Program ................................ .310 450A-07 Local Match for Hazard Mitigation Grant Program ..................................................................... .310 451-07 Designating an Authorized Representative for the Hazard Mitigation Grant Program ...................... .310 452-07 Cigarette Licenses, New, September 4, 2007 ................................................................................. . 311 453-07 Cigarette Renewals, September 4, 2007 ......................................................................................... . 311 454-07 Beer Permits, September 4, 2007 ................................................................................................... . 311 455-07 Liquor Licenses, September 4, 2007 .............................................................................................. . 312 456-07 Setting Hearing on Residential Parking Permit District -McCormick, Grace, Bennett, and Algona Streets for University of Dubuque ......................................................................................................... . 312 457-07 Approving Plat of Proposed Vacated Portion of Raven Oaks Drive ................................................ . 313 458-07 Vacating Portion of Raven Oaks Drive .......................................................................................... .313 459-07 Disposing of City Interest in Lot 4A, Raven Oaks No. 2 ................................................................ . 313 460-07 Approval of Plans/Specs for Town Clock Renovation Project ........................................................ . 314 461-07 Authorizing Letter of Commitment, Downtown Rehabilitation Loan and Facade Grant, Former Interstate Power Company Building ...................................................................................................... .314 462-07 Authorizing Letter of Commitment, Downtown Rehabilitation Loan, Butt's Florists Building ......... .315 463-07 Approving Memorandum of Understanding with Miller Development Group for 40-42 Main Street . 316 464-07 Approving Offer to Buy Real Estate in DICW (West End Fire Station) ........................................... .316 465-07 Accepting University Avenue Culvert and Sanitary Sewer Extension Project .................................. .318 466-07 Approving City of Dubuque Fiscal Year 2007 City Street Finance Report ...................................... . 318 467-07 Approving Application for Federal Recreational Trails Program Funding, IDOT, Bi-Lingual Bike/I like Trail Signage Project ............................................................................................................................ .319 468-07 Approving Acquisition of Property Located at 2265 Prince Street for Bee Branch Creek Restoratio n Project ................................................................................................................................................. .319 Book 137 INDEX 43 469-07 Approving Acquisition of Property Located at 2106 Kniest Street for Bee Branch Creek Restoration Project .................................................................................................................................................. 319 470-07 Submission of Consolidated Annual Performance and Evaluation Project (CAPER) 2006-2007....... 320 471-07 Authorizing Filing with IDED Requesting Enterprise Zone Recertification, Zone 1 ......................... 321 472-07 Authorizing Filing Application with IDED Requesting Enterprise Zone Recertification, Zone 2....... 321 473-07 Approving Plat of Survey Lot 378A of East Dubuque No. 2 (SB Development) ............................... 322 474-07 Approving Plat of Survey Waller Addition ..................................................................................... 322 475-07 Approving Final Plat of Henschel's Hidden Acres ........................................................................... 322 476-07 Accepting Improvement Eagle Point Park Fee Collection Booth Construction Project ...................... 323 477-07 Final Estimate Eagle Point Park Fee Collector's Building Project .................................................... 323 478-07 Cigarette Licenses, September 17, 2007 ......................................................................................... 323 479-07 Beer Permits, September 17, 2007 .................................................................................................. 323 480-07 Liquor Licenses, September 17, 2007 ............................................................................................. 324 481-07 Intent to Dispose of City Interest (Undeveloped Alley) Lot 378A of East Dubuque No. 2 (SB Development) ........................................................................................................................................ 324 482-07 Intent to Dispose of City Interest in Property by Lease with the United States Postal Service (Histor ic Federal Building) .................................................................................................................................. 325 483-07 Setting Date of Hearing for Amendment No. 1, Fiscal Year 2008 Budget ........................................ 325 484-07 Approving Second Agreement with Kraemer Brothers, LLC, Extending the Bid for Construction of Port of Dubuque Public Parking Facility ................................................................................................. 331 485-07 Approving Amended/Restated Port of Dubuque Public Parking Facility Development Agreement ... 357 486-07 Approving Minimum Assessment in Connection with the Issuance of Urban Renewal Tax Increment Revenue Bonds Series 2007, Port of Dubuque Public Parking Facility ..................................................... 357 487-07 Authorizing Issuance of Urban Renewal Tax Increment Revenue Bonds Taxable Series 2007, Great er Downtown Urban Renewal District ........................................................................................................ 358 488-07 Approving Third Agreement with Kraemer Brothers, LLC, Extending Bid for Construction of Port of Dubuque Public Parking Facility ............................................................................................................ 372 489-07 Awarding Contract for Port of Dubuque Public Parking Facility Project .......................................... 373 490-07 Authorizing Form of Loan and Disbursement Agreement, IDNR, Wells Fargo Bank for Issuance of Water Revenue Capital Loan Notes Series 2007 ..................................................................................... 333 491-07 Accepting Asbury Road Eastbound Lane Widening Project, Authorizing Contract Payment ............. 345 492-07 Filing ICAAP Funding Application for US 151/61 at US 52 and US 151/61 at Maquoketa Drive Traffic Signalization Project .............................................................................................................................. 346 493-07 Approving Acquisition of Plat, Adam's Company Addition, Dedication of Right-of--Way for Bell St reet ............................................................................................................................................................. 346 494-07 Approving Amended, Restated Development Agreement, Cottingham & Butler's Security Building Project .................................................................................................................................................. 347 495-07 Rejecting Contract Bid Proposal for the Town Clock Renovation Project ........................................ 347 496-07 Establishing the Fair Market Value for Property Located at 655 Gillespie Street (Gary A Anderson) ............................................................................................................................................................. 348 497-07 Beer Permits, October 1, 2007 ........................................................................................................ 348 498-07 Liquor Licenses, October 1, 2007 ................................................................................................... 349 499-07 Fixing Date of Meeting for General Obligation Refunding Bonds, Essential Corporate Purpose ....... 349 500-07 Fixing Date of Meeting General Obligation Bonds, Essential Corporate Purpose (Asbury Plaza Lift Station) ................................................................................................................................................. 350 501-07 Vacating of Alley Near Old Dubuque Meat Packing Plant to SB Development ................................ 352 502-07 Disposing of City Interest in Lot 378A of East Dubuque No. 2 Near Old Dubuque Meat Packing Plant to SB Development) .............................................................................................................................. 353 503-07 Approving Disposal of Interest in City Property by Lease with United States Postal Service (Histori c Federal Building) .................................................................................................................................. 353 504-07 Budget Amendment No. 1, FY 2008 Operating Budget .................................................................. 355 505-07 Commitment Letter Executing CDBG Loan to MM&H Corporation (Silver Dollar Cantina)............ 356 506-07 Authorizing Application for Hazard Mitigation Grant Funds, North Fork Catfish Creek Sanitary and Stormwater Drainage Improvements Project ........................................................................................... 376 507-07 Approving Final Plat of Isaac Hanna Subdivision ........................................................................... 377 508-07 Approving Plat of Survey Milwaukee Industrial Tract No. 2 (Fifth and White Streets), .................... 378 509-07 Approving Plat of Survey for Clausen Place .................................................................................. 378 510-07 Approving Acquisition of Property Located at 1552 Maple Street for Bee Branch Creek Restoration Project .................................................................................................................................................. 379 511-07 Approving Public Improvements Contracts and Bonds, October 15, 2007 ....................................... 379 512-07 Beer Permits, October 15, 2007 ...................................................................................................... 380 513-07 Liquor Licenses, October 15, 2007 ................................................................................................. 380 44 INDEX Book 137 514-07 Instituting Proceedings for General Obligation Refunding Bonds Series 2000C (Essential Corporate Purpose, City Indebtedness) ................................................................................................................... 383 515-07 Instituting Proceedings for Issuance of General Obligation Bonds (Essential Corporate Purpose, Asbury Plaza Lift Station) ...................................................................................................................... 384 516-07 Advertisement of Sale of General Obligation Bonds Series 2007A and General Obligation Refundin g Bonds Series 2007B .............................................................................................................................. 384 517-07 Accepting Deed from Plastic Center, Inc., for Property at White Street and US Hwy 61 (Port of Dubuque Sign) ...................................................................................................................................... 393 518-07 Approving Amendment, FY 2007 Annual Action Plan, CDBG Funds (Cottingham and Butler) ....... 393 519-07 Accepting Improvements in Emerald Acres No. 1 and No. 2 ........................................................... 394 520-07 Approving a UDAG Loan to Genuine Genius Solutions, LLC ......................................................... 394 521-07 Authorizing CEBA Application for Medline Industries, Inc ............................................................ 395 522-07 Approving Amendment 3, Hwy 151 & 61 Development, Inc., Agreement ....................................... 396 523-07 Approving Application for Funding Assistance from Economic Development Administration ......... 396 524-07 Accepting Grand River Center Carpet Replacement Project ............................................................ 396 525-07 Final Estimate for Grand River Center Carpet Replacement Project ................................................. 396 526-07 Naming Depositories ..................................................................................................................... 397 527-07 Accepting Floodwall Pumping Station Improvement Project, Authorizing Payment to Contractor .... 397 528-07 Cigarette Licenses, November 5, 2008 ............................................................................................ 398 529-07 Beer Permits, November 5, 2008 .................................................................................................... 398 530-07 Liquor Licenses, November 5, 2008 ............................................................................................... 398 531-07 Setking Date of Hearing for Amending Residential Parking Permit District Excluding Grace Street at McCormick Street (University of Dubuque) ........................................................................................... 399 532-07 Intent to Vacate and Dispose of City Interest, Kringle's Subdivision (Quigley Lane and Pierce Stree t) ............................................................................................................................................................. 399 533-07 Intent to Vacate and Dispose of City Interest, Belmont Addition (Brunswick Street) ........................ 400 534-07 Intent to Dispose of Interest, Fixing Date of Hearing on Proposed Urban Renewal Tax Increment Revenue Obligations, Medline Industries, Inc ......................................................................................... 400 535-07 Preliminary Approval of Plans/Specs, Five Flags HVAC/Promenade Roof Replacement Project...... 401 536-07 Fixing Date of Hearing on Plans/Specs, Five Flags HVAC/Promenade Roof Replacement Project... 402 537-07 Ordering Advertisement for Bids, Five Flags HVAC and Promenade Roof Replacement Project...... 402 538-07 Resolution of Necessity, Certain Areas Adjacent to the Greater Downtown Urban Renewal District Meet the Definition of Blighted Area ..................................................................................................... 402 539-07 Directing Sale of General Obligation Bonds Series 2007A .............................................................. 404 540-07 Directing Sale of General Obligation Refunding Bonds Series 2007B ............................................. 404 541-07 Approving Application to the Corporation for National and Community Service for Americorps Program Funding ................................................................................................................................... 405 542-07 Accepting Kaufmann Alley Storm Sewer Construction Project ....................................................... 408 543-07 Accepting City Hall 3rd Floor Office Expansion Project and Authorizing Payment .......................... 408 544-07 Authorizing Plat of Survey of LT Kutsch Place .............................................................................. 409 545-07 Authorizing A REAP Grant Agreement with IDNR for Trolley Line Trail ....................................... 409 546-07 Authorizing Execution of Downtown Rehabilitation Loan, Facade Grant, and Design Grant, Cottingham & Butler Security Building Renovation ............................................................................... 409 547-07 Accepting Improvement for Valentine Park Restroom Project ......................................................... 410 548-07 Final Estimate, Valentine Park Restroom Project ............................................................................ 410 549-07 Appointing Wells Fargo Bank, National Association of Des Moines, Paying Agent, Bond Registrar for GO Bonds series 2007A ........................................................................................................................ 410 550-07 Providing for the Issuance of General Obligation Bonds Series 2007A and Levying Tax .................. 411 551-07 Appointing Wells Fargo Bank, National Association of Des Moines, Paying Agent, Bond Registrar for GO Refunding Bonds Series 2007B ....................................................................................................... 416 552-07 Providing for the Issuance of GO Refunding Bonds Series 2007B and Levying Tax ........................ 417 553-07 Authorizing Redemption of Outstanding GO Bonds Series 2000C Dated November 1, 2000, Directi ng Notice of Redemption ............................................................................................................................ 422 554-07 Beer Permits, November 19, 2007 .................................................................................................. 424 555-07 Liquor Licenses, November 19, 2007 ............................................................................................. 424 556-07 Setking Public Hearing, Amended and Restated Urban Renewal Plan for Dubuque Industrial Center Economic Development District Removing Certain Real Property .......................................................... 426 557-07 Approving Application for Voluntary Annexation of Territory Owned by Kress Industrial Facility .. 427 558-07 Approving Development Agreement for Sale of Acreage in DICW to Medline Industries, Inc.......... 427 559-07 Approving Plat of Proposed Vacated Portion of Quigley Lane West of Pierce Street ........................ 429 560-07 Vacating a Portion of Quigley Lane West of Pierce Street ............................................................... 429 561-07 Disposing of City Interest in Lot 1-6-A of Kringle's Subdivision of Out Lot 743 .............................. 429 Book 137 INDEX 45 562-07 Approving Plat of Proposed Vacated Portion of Brunswick Street South of Lawther Street and Northerly Portion of an Alley West of Balke Street South of Lawther Street ........................................... .430 563-07 Vacating a Portion of Brunswick Street South of Lawther Street and the Northerly Portion of an Alley West of Balke Street South of Lawther Street ........................................................................................ .430 564-07 Disposing of City Interest in Lot 49-A and Lot 66-A of Belmont Addition ..................................... .431 565-07 Approving Plans/Specs, Five Flags HVAC/Promenade Roof Replacement Project ......................... .431 566-07 Accepting US 52 North Storm Sewer Improvement Project and Authorizing Payment .................... .434 567-07 Accepting City Hall Parking Lot Reconstruction Project and Authorizing Payment ......................... .435 568-07 Adopting Final Assessment Schedule for City Hall Parking Lot Reconstruction Project .................. .435 569-07 Accepting Villa Street Retaining Wall Ornamental Railing Project and Authorizing Payment ......... .436 570-07 Approving IDOT Agreement for Primary Highway Improvements Project No 2008-16-019 Final Traffic Control System Improvements ................................................................................................... .436 571-07 Re-Approving Final Plat, Asbury Plaza Business Park FirstAddition ............................................. .437 572-07 Commencement of Eminent Domain Proceedings for Acquisition of 625 Gillespie Street from the Estate of Arthur P. Frommelt ................................................................................................................ .438 573-07 Beer Permits, December 3, 2007 ................................................................................................... .439 574-07 Liquor Licenses, December 3, 2007 .............................................................................................. .439 575-07 Intent to Vacate and Dispose of City Interest in Lot 8A of Dunn's Subdivision (Traut Terrace)....... .440 576-07 Preliminary Approval of Plans/Specs John F. Kennedy Road Sidewalk Installation Project, Asbury Road to IA 32 (NW Arterial) ................................................................................................................ .440 577-07 Fixing Date of Hearing on Plans/Specs for John F. Kennedy Road Sidewalk Installation Project, Asbury Road to IA 32 (NW Arterial) .................................................................................................... .441 578-07 Ordering Advertisement of Bids for John F. Kennedy Road Sidewalk Installation Project, Asbury Road to IA 32 (NW Arterial) ......................................................................................................................... .441 579-07 Resolution of Necessity for John F. Kennedy Road Sidewalk Installation Project, Asbury Road to IA 32 (NW Arterial) .................................................................................................................................. .441 580-07 Approving Plat, Schedule of Assessments, John F. Kennedy Road Sidewalk Installation Project, Asbury Road to IA 32 (NW Arterial) .................................................................................................... .442 581-07 Preliminary Approval of Plans/Specs for Bee Branch Floodwall Pumping Station Auxiliary Power Project ................................................................................................................................................. .442 582-07 Setting Date of Hearing on Plans/Specs for Bee Branch Floodwall Pumping Station Auxiliary Power Project ................................................................................................................................................. .442 583-07 Ordering Advertisement of Bids for Bee Branch Floodwall Pumping Station Auxiliary Power Project ............................................................................................................................................................ . 44 3 584-07 Resolution of Support for NICC Ballot Measure Ensuring the Future for Students and Communities443 585-07 Supporting Application from Michelle Mihalakis to IDED for HOME Investment Partnership Program Funds ................................................................................................................................................... .444 586-07 Approving CLG Grant with State Historical Society of Iowa for Downtown Dubuque Design Guidelines ............................................................................................................................................ . 4 5 3 587-07 Approving Acquisition of Property at 2249 Elm Street for Bee Branch Creek Restoration Project... .454 588-07 Approving Acquisition of Property at 2300-2302 Washington Street for Bee Branch Creek Restoration Project ................................................................................................................................................. .454 589-07 Accepting Improvements of Highway 20 Landscaping Project Phase II .......................................... .455 590-07 Final Estimate for Highway 20 Landscaping Project Phase II ......................................................... .455 591-07 Adopting Schedule of Assessments for Delinquent Refuse, Sewer and Stormwater Management Accounts .............................................................................................................................................. . 45 5 592-07 Adopting Schedule of Assessments for the 2007 Weed Enforcement Program ................................ .457 593-07 Awarding Contract, Five Flags Center HVAC/Promenade Roof Replacement Project ..................... .458 594-07 Liquor Licenses, December 17, 2007 ............................................................................................. .459 595-07 Unassigned ................................................................................................................................... .459 596-07 Setting Hearing on the Intent to Acquire or Condemn Property for the Dubuque Regional Airport Terminal Relocation Project .................................................................................................................. .459 597-07 Approving Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District ................................................................................................................................................. . 462 598-07 Approval of Plans/Specs for Bee Branch Floodwall Pumping Station Auxiliary Power Project........ .462 599-07 Approving the Metropolitan Coalition Agreement ......................................................................... .463 600-07 Resolution Urging Congress to Provide Permanent Exemption of the Steamer Delta Queen from the Provisions of the Safety of Life at Sea Act of 1966 ................................................................................ .464 Ressler, Reverend Wayne, St. Raphael's Cathedral ....................................................................................... .238 Retired and Senior Volunteer Program ..................................................................................................... 70, 221 Rettenberger, Jolene ..................................................................................................................................... .460 Rhomberg Avenue ..............................................................................25, 157, 226, 278, 294, 302, 303, 383, 463 Purchase of Property at 505 ...................................................................................................................... ...25 46 INDEX Book 137 Purchase of Property at 507 ......................................................... ..............................................................294 Purchase of Property at 511-513 .................................................. ..............................................................157 Request to Rezone Property at 427-429 ........................................ .............................................................. 302 Request to Rezone Property Located at 427-429 ........................... .............................................................. 383 Richard, Thomas J .......................................................................... ..............................................................146 Riedel, Susan .................................................................................. ...................................................... 169, 185 Riedl, Scott ..................................................................................... ..............................................................298 Rielly, Senator Tom ........................................................................ ..............................................................111 Ries, Wayne M ............................................................................... ..............................................................345 Rink, Timothy ................................................................................ ...................................................... 120, 138 Rise Grant Fund .............................................................................. ................................................................10 Riffs, Edwin .................................................................................... ...................................................... 120, 138 River City Paving ........................................................................... ....................................... 162, 176, 209, 390 River City Stone Rose Spur Quarry ................................................. ..............................................................225 River Radio, The ............................................................................. ..............................................................280 River Valley Initiatives ................................................................... ................................................................62 Riverfest ......................................................................................... .............................................................. 298 RiverMax Theater ........................................................................... ..............................................................204 Rivers to the Sea Exhibit (Great Rivers Center) ................................ ................................................................ 87 Riverwalk Security Camera System ................................................. ...............................................128, 294, 297 RKM LLC ...................................................................................... ...............................................163, 226, 324 Road Ranger ................................................................................... .............................................................. 311 Roberts, Anthony J .......................................................................... ..............................................................391 Robertson, Richard and Elizabeth .................................................... ................................................................99 Rockdale Road ................................................................................ ....................................... 106, 210, 226, 459 Rodocker, Jon, Transit Manager ...................................................... ........................................................ 69, 203 Rokusek, Anthony .......................................................................... ...................................................... 275, 294 Rokusek, Gene ................................................................................ ..............................................................249 Rolwes, Ken and Billie .................................................................... ..............................................................154 Ron's Discount Smokes .................................................................. ....................................... 163, 226, 323, 324 RonSan Enterprises, Inc .................................................................. ..............................................................210 Roosevelt Park ................................................................................ ...................................................... 146, 177 Root, Judie ..................................................................................... ...................................................... 284, 301 Root, Randy R ................................................................................ ..............................................................392 Rosedale Avenue ............................................................................ .............................................................. 8, 9 Rosenthal, Kurt ............................................................................... ..............................................................392 Rotary Club of Dubuque ................................................................. ................................209, 226, 227, 256, 311 Roussell, Laura ............................................................................... ..............................................................332 Rowe, John and Emily .................................................................... .............................................................. 322 Royal Oaks Development ................................................................ ............. 43, 62, 147, See Silver Oaks Estates Rubinstien, Marcos ......................................................................... ..............................................................460 Rubio, Inocente ............................................................................... ................................................................12 Ruden, Gary ................................................................................... ...................................................... 244, 261 Ruden, Roger .................................................................................. ...................................................... 146, 462 Rudy's Tacos .................................................................................. ...................................................... 298, 299 Ruhter, Kim .................................................................................... ..............................................................109 Ruiz, Shawn ................................................................................... ..............................................................152 Runyon, Dave ................................................................................. ................................................................70 Rupp> Kathryn ................................................................................ ................................................................. 1 Rush Street ..................................................................................... ..... 33, 60, 133, 134, 135, 170, 171, 204, 242 Reconstruction Project ................................................................ ....................................... 134, 135, 170, 204 Reconstruction Project Bryant to Villa Street ............................... .................133, 134, 135, 170, 171, 204, 242 Russell, Rich, Building Services Manager ........................................ ................................................................12 Ryan, Angela .................................................................................. ..............................................................178 Ryme DBQ Inc ............................................................................... ..............................................................163 Sabers, Alan J ...............................................................................................................................................158 Sabers, Robert E ........................................................................................................................................... 390 Sadler, Ed, City Manager of Webster City, Iowa ..............................................................................................25 Sadler, Hugh .................................................................................................................................................276 Safe Roads to School .....................................................................................................................222, 256, 318 Book 137 INDEX 47 Safety Belts and Harness Provision ........................................................................ ........................................ 386 Safety National ..................................................................................................... ........................................ 308 Safety of Life at Sea Act of 1966 ........................................................................... ................................ 379, 464 Sahajanand Enterprises ......................................................................................... ........................................163 Salsa's Mexican Restaurant ................................................................................... ........................................100 Sam's Club ........................................................................................................... ................. 239, 309, 439, 463 Sam's West, Inc .................................................................................................... ........................................226 Sanders, Cynthia E ................................................................................................ ........................................276 Sanders, Joan ........................................................................................................ ........................................294 Sandpiper Lane Severance of Properties ................................................................ ..........................................75 Savage, Eric .......................................................................................................... ................................ 120, 138 Savage, Rachel ..................................................................................................... ........................................280 SB Development, LLC ........................................ 299, 314, 321, 324, 352, 353, See Dubuque Meat Packing Plant Schaefer, Thomas ................................................................................................. ........................................1, 8 Scharnau, Ralph .................................................................................................... ................................ 228, 245 Scharnau, Ruth ..................................................................................................... ................................ 284, 301 Schaub, Robert ..................................................................................................... ....................................16, 34 Schaul, Eric .......................................................................................................... ........................................276 Schedule of Assessments 2007 Weed Assessments ................................................................................... ........................................457 Alta Vista/Carlotta Streets Reconstruction Project .............................................. ..........................................26 Bonson Road Reconstruction Project ................................................................. ..........................................28 City Hall Parking Lot Reconstruction Project ..................................................... ................................ 101, 435 Delinquent Refuse, Sewer, and Stormwater Collection ....................................... ........................................455 Fifth Street (Alpine to Delhi Streets) Reconstruction Project ............................... .................................. 42, 112 Fifth Street (Alpine to Hill Streets) Reconstruction Project ................................. .................................... 54, 84 Historic Old Main Street Lighting and Sidewalk Replacement Project ................ .................................... 51, 83 JFK Road Sidewalk (Asbury Road to IA 32) Installation Project ......................... ................................ 441, 460 Rosedale Avenue Reconstruction Project ........................................................... ........................................... 9 Rush Street Reconstruction Project Bryant to Villa Street ................................... ........................................134 Snow Removal, Obstruction of Right of Way ..................................................... ........................................206 Scherman, Ryan .................................................................................................... ........................................276 Schmall, Steve ...................................................................................................... ..........................................80 Schmid, Martha .................................................................................................... ........................................154 Schmidt, Flora A., Home Builders Association of Iowa .......................................... ........................................163 Schmidt, Jennifer .................................................................................................. ........................................178 Schmidt, Lauren .................................................................................................... ........................................434 Schmit, II, Timothy J ............................................................................................ ........................................5, 6 Schmitt, David ...................................................................................................... ........................................383 Schmitt, Kevin ...................................................................................................... ........................................392 Schmitz, Amy ....................................................................................................... ........................................208 Schmitz, Dave ...................................................................................................... ........................................332 Schmitz, Lynn ...................................................................................................... ........................................229 Schneider, Donald and Katherine ........................................................................... ........................................275 Schneider, Ethel and Bill ....................................................................................... ........................................390 Schneider, Jason M ............................................................................................... .........................12, 13, 34, 35 Schneider, Mark .................................................................................................... ................................ 310, 311 School Physical Plant and Equipment Levy Tax Increment Financing ..................... ........................................173 School Resource Officer (SRO) ............................................................................. ........................................329 Schreiber, James ................................................................................................... ........................................196 Schroeder, Bob ..................................................................................................... .................................. 70, 111 Schroeder, Cindy L ............................................................................................... ........................................276 Schrup, Lauren ..................................................................................................... ................................ 206, 221 Schueller, Brant, BUl (SCW) ................................................................................ ........................................... 8 Schueller, Irene H ................................................................................................. ........................................... 6 Schumacher, Laura L. and Steven J ....................................................................... ........................................332 Schuster, Dan ........................................................................................................ ........................................392 Schuster, Steve ..................................................................................................... ..........................................98 Schwartz, Ethel K ................................................................................................. ........................................257 Schwendinger, John .............................................................................................. ................................ 284, 300 Schwendinger, OSF, Dorothy ................................................................................ ................................ 284, 301 Scott, Alex ............................................................................................................ ........................................276 Scott, Colin ........................................................................................................... ........................................460 48 INDEX Book 137 Seaman, Lloyd ..................................................................................................................... .........................241 Section 8 Program ................................................................................................................ ...........................90 Security Building ........................................................................... 288, 347, 409, 410, See Cottingham & Butler Sedgewick ................................................................................................................... 176, See Conlon Johnson Sees, Milt, Acting Secretary of the Illinois Department of Transportation .............................. .........................130 Seippel Court ....................................................................................................................... ................. 105, 193 Seippel Road .......................................................................... 16, 39, 86, 101, 104, 128, 154, 193, 207, 265, 381 Selco, Inc ............................................................................................................................. ..........178, 242, 390 Senate Study Bill (SSB) 1208, Statewide Cable Television Franchising ................................. ...........................75 Seneca Environmental Services ............................................................................................ ...........................29 Senior High School .............................................................................................................. .........................241 Serenity Ridge ..................................................................................................................... .........................246 Seventeenth Street ................................................................................................................ ................. 169, 316 Sewer Cured-in-Place Pipe (CIPP) Lining Project ................................................................. . 262, 281, See CIPP Sewer Pipeline Inspection Hardware and Software ................................................................ ...........................98 Sewer Pipeline Inspection Vehicle and Camera Equipment ................................................... .........................177 Sexual Offender Residency Requirements ............................................................................. .........................110 Shannon's Bar and Grill ....................................................................................................... ................. 282, 283 Shelter + Care Program ........................................................................................................ .........................242 Sheppley, Reverend Ed, Immanuel Congregational United Church of Christ .......................... ............................ 8 Sherman, Helen ................................................................................................................... .........................238 Shot Tower Archeological Survey/Investigation .................................................................... ................... 30, 208 Shot Tower Inn .................................................................................................................... ................. 163, 164 Shubatt, Michael .................................................................................................................. ................. 228, 245 Shumacher, Duane ............................................................................................................... .........................249 Sid's Beverage Store ............................................................................................................ ..........226, 282, 283 Siebert, Wayne G ................................................................................................................. ............... 75, 76, 99 Siegert, Maureen and Ken .................................................................................................... .........................294 Signed Contracts .................................................................................................................. .... 4, 32, 47, 76, 116 Bee Branch Restoration Project ........................................................................................ ...........................47 City Hall First Floor Restroom Renovations ...................................................................... ............................ 4 Contract with Arensdorf Construction for 2006-2007 Snow Removal ................................ ...........................47 DICW 3rd Addition -Sanitary Sewer Construction across Middle Road Contract .............. ...........................32 Eagle Point Park Concrete Replacement Project Signed Contract Change Order ................. ...........................32 Engineering Offices Door Relocation Contract, Second Floor ............................................ ...........................32 Floodwall Improvement Projects -Change Orders #4 and #5 ............................................ .........................116 Historic Federal Building Rehabilitation Project -Asbestos and Lead Inspection Contract . ...........................32 Iowa Department of Natural Resources ............................................................................. ...........................76 Lease Agreement with Congressman Bruce Braley ............................................................ ...........................47 Point of Service Plan -Amendment 1 ............................................................................... .........................116 Water Treatment Plant Pump Room Pipe Painting Project ................................................. ........................... 32 Water Treatment Plant South Plant Chamber Wall Sealant Project ..................................... ...........................32 Silos and Smokestacks ......................................................................................................... ...........................76 Silver Dollar Cantina ........................................................................................................... ......................... 356 Silver Oaks Estates .............................................................................................................. ............. 43, 62, 147 Simon, Abby ........................................................................................................................ ................. 391, 392 Sister City Program .............................................................................................................. ......................... 373 Sixteenth Street Auto/Truck Plaza ........................................................................................ ................. 131, 226 Skateboarding ...................................................................................................................... .... 68, 163, 267, 386 SMG Food & Beverage, LLC ............................................................................................... .........................227 Smith Seeding, Inc ............................................................................................................... .........................455 Smith, Bob and Nan ............................................................................................................. ...........................37 Smith, Kristen ...................................................................................................................... ................. 228, 245 Smothers, Matthew .............................................................................................................. ...........................24 Snead, Derek G .................................................................................................................... .........................158 Snow Removal Assessments 2006-2007 ............................................................................... .........................206 Snyder, Jennifer, J ................................................................................................................ .........................345 Snyder, Mark ....................................................................................................................... .........................294 Solid Waste Collection Fee Reduction .................................................................................. .........................200 Solon Langworthy House ..................................................................................................... ................. 348, 349 Sommer, Cory ..................................................................................................................... .........................391 Southgate Planned Unit Development ................................................................................... .........................463 Southwest Arterial ..............................................................................See Iowa 32 (Southwest Arterial) Corridor Book 137 INDEX 49 Spahn, Jeffrey D .................................................... .......................................................................................256 Spears, Kenneth J ................................................... .......................................................................................221 Special Olympics ................................................... .......................................................................................... 7 Special Sessions.........23, 40, 41, 67, 68, 69, 70, 71 , 89, 91, 175, 220, 248, 305, 306, 331, 374, 389, 406, 433, 452 Speetzen, Brent A .................................................. .......................................................................................294 Spence, Gil, Leisure Services Manager ................... ..........................................................................68, 146, 463 Spiegel, A. J .......................................................... .......................................................................................147 Splegelhalter, Melvin ............................................. .........................................................................................48 St. Ambrose Street ................................................. .......................................................................................241 St. George, Victor, St. Matthew Lutheran Church ... ......................................................................................... 96 St. Mark Community Center ................................... ...................................................................................24, 70 St. Patrick's Day Parade ......................................... .......................................................................................110 St. Paul Lutheran Church ....................................... .......................................................................................294 Star Brewery .......................................................... .............................. 31, 76, 211, 212, 235, 236, 252, 282, 324 Star Brewery Drive Construction Project ............. ................................................. 211, 212, 235, 236, 252, 282 Star Restaurant/Ultra Lounge ................................. ............................................................................... 323, 324 Starlight Drive ....................................................... .......................................................................................110 State Central Bank ................................................. .......................................................................................397 State Highway Commission ................................... .......................................................................................460 State Historic Preservation Office ........................... .......................................................................................439 State Historic Preservation Tax Credits ................... .......................................................................................352 State Historical Society of Iowa .............................. ..................... 11, 30, 31, 47, 76, 126, 172, 173, 296, 453, 454 State of Iowa Federal-Aid Grade Crossing Surface Repair Agreements ...........................................................154 State Recreational Trails Grant ............................... ............................................................................... 238, 253 State Revolving Fund Loan .................................... .........................................................................................47 Stedman, Don ........................................................ ........................................................................284, 301, 460 Steele, Jane ............................................................ .......................................................................................111 Steffen, Julie .......................................................... ............................................................................... 169, 185 Steil, Daren, G ....................................................... .......................................................................................... 8 Steil, Darren G ....................................................... .........................................................................................98 Steil, Martin ........................................................... .......................................................................................392 Steines, Derek ........................................................ .......................................................................................276 Steines, Rick, Assistant Fire Chief ......................... .......................................................................................220 Steinhauser, Cindy, Assistant City Manager ............ ............................................................................... 237, 316 Stelken, Mark ........................................................ ....................................................................................... 391 Stephenson, George (GMS, Inc.) ............................ .........................................................................................45 Sterenchuk, Patrick ................................................ .......................................................................................127 Steuer, Jeff ............................................................ ....................................................................................... 345 Stevens, John ......................................................... ............................................................................... 300, 312 Stevens, Kevin ....................................................... ............................................................................... 213, 228 Stewart Construction, Inc ....................................... ................................................... 16, 17, 38, 62, 86, 104, 105 Stewart, Dave ........................................................ .........................................................................................69 Stewart, Wayne C .................................................. ........................................................................... 16, 17, 105 Stieber, Rebecca .................................................... ....................................................................................... 392 Stiefel Nicolaus ..................................................... .......................................................................................404 Stieglitz, Karl ......................................................... ................................................................................. 43, 209 Stifel Nicolaus ....................................................... .......................................................................................404 Stiles, Jeff .............................................................. ..........................................245, 246, 262, 301, 383, 385, 433 Stipulation of Settlement ........................................ ........................................................................378, 407, 455 Stoffel, Jan and Bill ................................................ .......................................................................................177 Stone Cliff Winery ................................................. .................................................................. 37, 178, 179, 242 Stone Hill Drive ..................................................... ............................................................................... 423, 463 Stone Valley Drive ................................................. ........................................................................380, 381, 385 Stonebrook Subdivision ......................................... .......................................................................................453 Stonewall Lounge .................................................. .. 246, See Bricktown, Blackwater Grill, Cooper Management Stop Loss Insurance ............................................... .......................................................................................222 Storm Water Pollution Prevention Plan (SWPPP) .... .........................................................................................64 Stormwater Detention Basin ................................... .......................................................................................256 Stovall, Thomas M., Executive Director of Operation New View Community Action Agency ............... 7, 70, 332 Stover, Greg and PeggY .......................................... .......................................................................................... 1 Strand and Associates ............................................ ............................................................................... 161, 423 Street Construction Program ................................... .........................................................................................38 Streff, Chad ........................................................... ............................................................................... 132, 227 50 INDEX Book 137 Streinz, Jeff A ...................................................................................... .........................................................226 Strohmeyer, Wayne .............................................................................. ...........................................................69 Strong, Linda A ................................................................................... ...........................................................72 Stroup, Nance, Vice President, Dubuque Genealogical Society .............. .........................................................198 Strub, Mike .......................................................................................... ........... See Mike Strub Construction, Inc. Stuart, Dave ......................................................................................... ..........................................127, 244, 261 Stumpf, Dorothy .................................................................................. ......................................................... 352 Stumpf, Rick ........................................................................................ .........................................................352 Stutzman, Brian ................................................................................... .........................................................390 Suarez, Joseph ..................................................................................... ..................................................... 16, 34 Subdivision Regulations ................................ 59, 146, 147, 195, 223, 224, 231, 262, 264, 265, 304, 322, 378, 409 Sublime Bar ......................................................................................... ................................................. 131, 132 Substance Abuse Services Center ......................................................... ........................................ 3, 31, 221, 275 Sufi, Rifat M ........................................................................................ .........................................................276 Sullivan, Kathleen M ........................................................................... ......................................................... 302 Sullivan, Terry ..................................................................................... .........................................................398 Summer Food Service Program ............................................................ .........................................................202 Sustainable Community ....................................................................... .........................................................405 Sustainable Design Assessment Team ................................................... ............................................. 37, 76, 116 Sutton Pool .......................................................................................... ...........................................................68 Sutton vs. Dubuque City Council .......................................................... ...........................................................24 Sweeney, Betty .................................................................................... .........................................................106 Sweeney, Neal ..................................................................................... ...........................................................98 Swift Construction, Inc ......................................................................... .........................................................230 Swift, Greg F. and Dawn M .................................................................. .................................. 256, 283, 284, 303 Swift, Michael ..................................................................................... ..................................................... 34, 58 Swift, Tom .......................................................................................... .........................................................230 Swiss Valley Farms .............................................................................. ..........................................242, 265, 266 Swiss Valley Milk Bottling Plant .......................................................... .........................................................265 T T & M Inc. (Mario's Italian Restaurant) ...................... ...................................................................................459 Table Mound Elementary School ................................ ...................................................................................219 Taiko Japanese Bar .................................................... ............................................................................. 12, 131 Tallent, John .............................................................. ...................................................................................351 Tanzanite Drive ......................................................... ......................................................................58, 193, 195 Target Stores ............................................................. ........................................................................... 398, 399 Tarot Card History and Demonstration Program .......... ...................................................................................152 Tax Increment Financing ............................................ .......................... 75, 260, 286, 453, 459, 465, 469, See TIF Tax Increment Ordinance -Greater Downtown Urban Renewal District ..........................................................147 T-Corp ....................................................................... ................................................................................... 3 94 Teamsters Union ........................................................ ................................................................ 62, 69, 128, 160 Tedore, Carrie ............................................................ ...................................................................................332 Tee Box Place ............................................................ ........................................................................... 222, 223 Teen Safe Zone .......................................................... ...................................................................................152 TeKippe, Ken, Finance Director ................................. ............................................................................. 40, 404 Temperly, Cindy ........................................................ ...................................................................................153 Ten Pin Tap ............................................................... ........................................................................... 282, 283 Teresa & Hairy, Inc .................................................... ...................................................................................257 Teresa Shelter ............................................................ ...............................................................................70, 92 Terminal Street Pumping Station Electrical Upgrade ... ........................................................................... 310, 423 TFM Company .......................................................... .............................163, 164, 226, 298, 299, See Oky Doky Tharp, Evelyn ............................................................ .....................................................................................41 Theisen Supply, Inc .................................................... .. 115, 130, See Chavenelle Warehouse Development, LLC Theresa Caldwell ....................................................... ............................................................................... 58, 80 Thielen, Lori .............................................................. ...................................................................................465 Third Street Overpass Decorative Railing Project ........ ..................................................................................... l l Third Street Overpass Light Replacement Project ........ ............................................................ 181, 216, 241, 282 Third Street Water Tower Lease Agreement ............... ............................................................................... 50, 82 Thirty One Hundred Club ........................................... ................................... See Midway HoteUHoffman House Thirty Second Street ................................................... ............... 128, 129, 163, 164, 226, 281, 348, 407, 433, 438 Thoman, Reverend Dwayne, Nativity Church ............. ................................................................................... 307 Book 137 INDEX 51 Thomas, Diane, K ................................................................................ ....................................................... 3, 31 Thome, Esther J ................................................................................... .................................. 275, 400, 430, 431 Thompson, Amber ............................................................................... ........................................................... 96 Threadgill, Latanji ............................................................................... ................................................. 390, 407 Thurston, Joyce Marie .......................................................................... ...........................................................41 TIF .........................69, 233, 307, 355, 360, 361, 366, 367, 368, 369, 370, 395, 465, See Tax Increment Financing Tigges, Jennifer ................................................................................... ................................................. 228, 245 Till, Ann .............................................................................................. ................................................. 249, 275 Tilton, John (Jac) ................................................................................. ................................................. 120, 138 Timber Hyrst Estates #2 ....................................................................... ......................................................... 385 Timmermans, Frederick C .................................................................... .........................................................391 Tobacco Compliance -Civil Penalties for Tobacco Permit Holders ....... ............................................99, 297, 463 Tobacco Outlet Plus ............................................................................. ..........................................131, 132, 226 Tobacco World .................................................................................... ................................................. 100, 226 Tom Koch, Inc ..................................................................................... .........................................................227 Tony's Place ........................................................................................ ...........................................................32 Tool Library ........................................................................................ ............... See Washington Neighborhood Top Grade Excavating .......................................................................... ................................................... 61, 151 Tott's Tap ............................................................................................ ................................................. 163, 164 Town Clock Inn ................................................................................... ...........................................................48 Town Clock Renovation Project ........................................................... ...........................299, 300, 314, 347, 348 Traffic Safety Improvement Program .................................................... ................................................. 296, 297 Traffic Signal and Intelligent Transportation System Improvements .. 15, 86, 137, 171, 218, See U. S. Highway 20 (Devon Drive to Menards) Capacity Improvements Project -Phase II Trail Development ............................................................................... ...........................................................75 Tramontina, Michael L., Iowa Department of Economic Development .. .........................................................222 Tranmer, Stephanie .............................................................................. .........................................................261 Transit Board of Trustees ....................................... 1, 2, 16, 34, 175, 203, 206, 284, 301, 329, 407, 434, 453, 460 Transit Division ............................................................ 69, 87, 91, 92, 158, See KeyLine Transit or First Transit Transportation Clerk ............................................................................ .......................................... 30, 62, 87, 88 Traut Terrace ....................................................................................... ................................................. 440, 461 Trawle, Brian ....................................................................................... ............................................................ 8 Traynor, Edwin J ................................................................................. .........................................................391 Trefz, Nelle ......................................................................................... .........................................................275 Tri State Golf Center ............................................................................ .........................................................257 Tricon General Construction ................................................................ ..............11, 109, 124, 131, 307, 309, 379 Tricor Insurance and Financial Services ................................................ ..........................................275, 294, 307 Triolo, Pamela A .................................................................................. ......................................................... 302 Tri-State Blind Society ......................................................................... .........................................................332 Tri-State Development Company, LLC ................................................. ........18, 19, 101, 105, 128, 177, 193, 222 Tri-State Modelers ............................................................................... .........................................................177 Tri-State Trail Vision ........................................................................... ............................................68, 116, 177 Tri-States Industries ............................................................................. See Heller Family Realty Company, LLC Trolley Line Trail ................................................................................ ..........................................246, 247, 409 Trowbridge, Josh ................................................................................. .........................................................276 Tschiggfrie Excavating ........................................................................ .................................. 247, 248, 250, 318 Tschiggfrie, David ............................................................................... ................................................. 378, 464 Tschiggfrie, Jeff ................................................................................... .........................................................276 Tschiggfrie, John ................................................................................. .........................................................453 Tuegel, Cory ........................................................................................ .........................................................276 Turnmeyer, Sister Inez ......................................................................... ...........................................................24 TV Cable Regulatory Commission ....................................................... .................................... 80, 104, 213, 228 TV Cable Teleprogramming Commission ............................................. ................................................. 245, 261 Twenty Eight E (28E) Agreements ....................................................... .........................................................111 Tyler, Elder Robert, Arbor Oaks Bible Chapel ...................................... .........................................................434 Tyler, Nathan ....................................................................................... ................................................. 391, 392 U U.S. Bank ............................................................................................................................................. 130, 397 U.S. Cellular ......................................................................................................................................... 253, 393 U. S. Department of Housing and Urban Development.. 4, 90, 92, 98, 127, 128, 130, 155, 159, 160, 222, 242, 279, 280, 320, 434, 438, 463 52 INDEX Book 137 U.S. Highway 151/61 ............................................................................ .................. 297, 346, 393, 436, 437, 467 U.S. Highway 20 ................4, 14, 15, 25, 86, 137, 171, 218, 275, 297, 436, 455, See Traffic Signal and Intelligent Transportation System Improvements (Devon Drive to Menards) Capacity Improvements Project Phase II ... ........................14, 15, 86, 137, 171, 218 Phase II Landscaping Project ............................................................. ........................................................455 U.S. Highway 52 ................................................................................... ... 164, 198, 225, 281, 282, 297, 346, 379 North Storm Sewer Improvement Project ........................................... .................. 164, 198, 225, 281, 282, 434 UAW Local #94 .................................................................................... ........................................................439 UMB Bank ........................................................................................... ........................................................404 Unified Development Code ................................................................... ............................... 12, 30, 76, 139, 156 Citizens Advisory Committee ............................................................ ..........................................................76 Sign Review Advisory Committee Appointments ............................... ........................................................156 Union Avenue Subdivision .................................................................... .........................................283, 284, 303 Union Street ......................................................................................... ............................................ 33, 60, 135 Union-Hoermann Press ......................................................................... ..........................116, 183, 184, 213, 214 United State Department of Transportation ............................................ ........................................................ 318 United States Army Corps of Engineers ................................................. ........................................................129 United States Conference of Mayors ...................................................... ................................... 39, 220, 222, 280 United States Department of Justice ....................................................... ........................................................224 United States Department of the Interior ................................................ ........................................................239 United States Department of Transportation ........................................... ........................................................158 United States Environmental Protection Agency .................................... ..........................................................63 United States Fish and Wildlife Service ................................................. ........................................................252 United States Postal Service .................................................................. ......................................... 324, 325, 353 Inspection Service ............................................................................. ........................................................407 United Way .......................................................................................... ........................................................249 University Avenue ................................................................................ ..... 68, 162, 217, 227, 242, 312, 318, 375 Culvert and Sanitary Sewer Extension Project .................................... ........................................................318 Reconstruction Project ...................................................................... ........................................................217 University Communities ........................................................................ ........................................................174 University of Dubuque .......................................................................... .............75, 106, 130, 312, 325, 389, 399 University of Iowa College of Public Health .......................................... ..........................................................47 Upper Main Urban Revitalization Area .................................................. ..........................................................45 Uptown Recreation Program ................................................................. ........................................................253 Urban Deer Management Program ......................................................... ........................................................160 Urban Development Action Grant (UDAG) ........................................... ................................................ 356, 394 Urban Renewal Plan..13, 18, 38, 56, 59, 60, 122, 123, 148, 149, 150, 151 , 167, 184, 199, 212, 233, 234, 255, 261, 357, 359, 360, 361, 365, 368, 369, 401, 402, 403, 426, 427, 462, 465, 466, 467, 468, 469 Urban Renewal Tax Increment Revenue Bonds ...................184, 212, 23 3, 234, 255, 283, 357, 358, 359, 361, 362 Urban Revitalization ............................................................................. ... 35, 45, See Washington Neighborhood Cathedral .......................................................................................... ....................................................44, 45 Jackson Park ..................................................................................... ..........................................................44 Langworthy ...................................................................................... ..........................................................44 Manasseh House ............................................................................... ..........................................................45 Manesseh House ............................................................................... ..........................................................36 Old Main .......................................................................................... ..........................................................44 Program Applications 2006 ............................................................... ..........................................................44 Upper Main Street ............................................................................. ..........................................................44 Urban Revitalization Act ................................................................... .................................................... 36, 44 West 11~` Street ................................................................................. ..........................................................45 USS Dubuque ....................................................................................... ........................................................206 V Vacant and Abandoned Buildings ..................................................................................................................289 Vacation and Sale of Undeveloped Alley ........................................................................................299, 324, 352 Valentine Park ............................................................................................................ 79, 80, 111, 145, 146, 410 Valentine Park Rest Room Project ...................................................................................................................79 Valentine, Gary L ............................................................................................................................98, 345, 391 Valerie Hogan ...............................................................................................................................................177 Van Milligen, Michael C., City Manager .. 7, 12, 40, 68, 69, 72, 126, 172, 173, 198, 199, 204, 205, 233, 237, 238, 246, 248, 286, 287, 289, 293, 353, 390, 406, 427, 463, 464 VanGordon, Sheila ........................................................................................................................................178 Book 137 INDEX Vehicle Maintenance Activity ........................ Vehicle Replacement Purchases FY 2007 ....... Vernon Street ................................................. Vessels, Inc ................................................... Veterans' Memorial ....................................... Vick, Tim, City Manager of Manchester, Iowa Viertel, Steven ............................................... Villa Street .................................................... Vision Iowa ................................................... Visiting Nurse Association (VNA) ................. Visu-Sewer Clean and Seal ............................ Vivian, Victoria A .......................................... Vize, Joe ........................................................ Vize, Melinda, E ............................................ Voetberg, Dirk .............................................. Vogt, Don, Public Works Director .................. Voices From the Warehouse ........................... Volkens Excavating, Inc ................................. Voltmer, Inc .................................................. Voluntary Dental Plan .................................... Vorwald, Louis .............................................. Vorwald, Richard ........................................... Voss, Bryant .................................................. Voss, Thomas ................................................ W 53 W & B Properties LLC ................................................................................... .................. 283, See Club Phoenix Wacker Drive ................................................................................................ ......................................... 67, 226 Waddick, David J ........................................................................................... ...............................................453 Wadding, Kim, Police Chief ........................................................................... .......................... 89, 304, 407, 464 Wadding, Reverend Judy, Chaplain, Hillcrest Family Services ........................ ...............................................111 Wage Plan and Compensation Package for Non-Bargaining Unit Employees ... ...............................................160 Wagner Copper Kettle .................................................................................... ...............................................131 Wagner, Judy ................................................................................................. ...............................................131 Wagner, Steve ............................................................................................... ...............................................391 Wahlert High School ...................................................................................... ...............................................297 Wainwright, Keisha ....................................................................................... ......................................... 69, 349 Walgreen Company ....................................................................................... ...............................................227 Walker Parking and Associates ....................................................................... ............................................... 398 Walker, Janet ................................................................................................. .................................................. 7 Walkup, Alice, National League of Cities ....................................................... ...............................................174 Waller Addition ............................................................................................. ............................................... 322 Wall-Wild, Meg ............................................................................................. ....................................... 228, 245 Wal-Mart Supercenter .................................................................................... ....................................... 323, 324 Walnut Tap .................................................................................................... ....................................... 227, 257 Walsh, Dan .................................................................................................... ...............................................120 Walsh, Greg ................................................................................................... ...............................................174 Walsh, John ................................................................................................... ....................................... 380, 404 Walsh, Michael .............................................................................................. ....................................... 256, 407 Walter Development ...................................................................................... ...................56, 121, 122, 123, 159 Wand, Christopher ......................................................................................... ....................................... 228, 245 Ward, Stanley K. and Lou Ann Kay ................................................................ ........................................... 75, 99 Warehouse District ......................................................................................... ......... 202, 287, 396, 402, 432, 462 Warranty Deeds ............................................................................................. ..197, 233, 255, 256, 287, 393, 428 Warren, Scott ................................................................................................. ...............................................276 Washington Court .......................................................................................... ..................................44, 155, 156 Washington Mutual Bank ............................................................................... ...............................................111 Washington Neighborhood .................................................11, 35, 36, 47, 208, 221, 279, 348, 383, 443, 463, 464 Comprehensive Plan ................................................................................... ...............................................463 Homeowner Loan Programs ....................................................................... .................................................47 Neighborhood Association ......................................................................... ....................................... 383, 444 Purchase of 1126 White Street .................................................................... ...............................................217 54 INDEX Book 137 Revitalize -Envisioning the Future for Dubuque's Washington Neighborhood .... ........................................443 Revitalize Initiative RFP ................................................................................... ..........................................47 Tool Library ..................................................................................................... ................................ 221, 279 Urban Revitalization Area ................................................................................. .............................. 35, 36, 44 Visioning Consultant Selection .......................................................................... ........................................208 Washington Street .......................................................................................... 36, 44, 73, 198, 278, 295, 454, 464 Purchase of Property at 2300-2302 for Bee Branch Creek Restoration Project ..... ........................................454 Purchase of Property at 2318 for Bee Branch Creek Restoration Project .............. ..........................................73 Purchase of Property at 2320 for Bee Branch Creek Restoration Project .............. ........................................295 Purchase of Property at 2404 for Bee Branch Creek Restoration Project .............. ..........................................73 Water Department ................................................................................................. ................................ 8, 67, 91 Water Meter Reading Services Consultant ............................................................. ................................ 161, 256 Water Pollution Control Plant ................................................................................ ............... 31, 67, 91, 161, 390 Facility Plan ...................................................................................................... .................................. 31, 161 Water Revenue Capital Loan Notes .......................................................... 258, 259, 284, 285, 332, 333, 334, 336 Water Taste Test Competition, 2007 ...................................................................... ........................................222 WC Stewart Construction, Inc ............................................................................... ............................ 36, 37, 250 WCB Hotels, Inc .......................................................................4, 8, 76, 256, See Midway Hotel/Hoffman House Weber, Amy ......................................................................................................... ................. 228, 245, 332, 356 Webster City ......................................................................................................... ..........................................24 Weed Assessments 2007 ....................................................................................... ........................................457 Weidemann, Katie ................................................................................................ ................................ 228, 245 Weig, Donald ........................................................................................................ .................................. 98, 391 Weiland, Jeffrey .................................................................................................... ..........................................98 Weiland, Keith ...................................................................................................... ........................................... 1 Weimerskirch, Krista M ........................................................................................ ........................................294 Weiner, Craig ....................................................................................................... ................................ 227, 257 Welbes, Tammy .................................................................................................... ................................ 228, 245 Welcome to Dubuque Signs .................................................................................. ..........................................88 Wells Fargo Bank..238, 259, 285, 332, 333, 336, 360, 361, 363, 366, 410, 411, 414, 416, 417, 418, 420, 423, 458 Welsh, Jerome ...................................................................................................... ........................................ 391 Welter, Julie ......................................................................................................... ................................ 249, 275 Welty, Devon ........................................................................................................ ........................................104 Welu, Steven ........................................................................................................ .......................................... 82 Welu, Tom ........................................................................................................... ................................ 375, 376 Wentworth, Bruce ................................................................................................. ........................................275 Wernimont, Roger ................................................................................................ ........................................ 392 Wertzberger, Richard ............................................................................................ ........8, 98, 111, 158, 159, 178 West 11~` Street Urban Revitalization Area ............................................................ ..........................................45 West 32nd Street Detention Basin Project ............................................................... ................................ 128, 129 West Dubuque Tap ............................................................................................... ................................ 116, 117 West Locust Mart ................................................................................................. .................................. 32, 243 West Nile Disease ................................................................................................. ........................................177 West Third Street .................................................................................................. ........................................444 Westbrook Park .................................................................................................... ..........................................98 Westemeyer, Mary ................................................................................................ ........................................383 West-End Fire Station ........................................................................................... ........................................316 Western Dubuque Biodiesel .................................................................................. ........................................173 Westfield Insurance Company ............................................................................... ........................................176 Westmark Enterprises, Inc ..................................................................................... ................... 56, 121, 122, 123 Whalen, John ........................................................................................................ ................................ 244, 261 Whiskey River ...................................................................................................... .........................131, 132, 227 White House, The ................................................................................................. ................................ 131, 439 White Street .......................................................................130, 156, 217, 255, 297, 298, 323, 378, 393, 403, 467 Acceptance of Warranty Deed for Property at 1126 White Street ........................ ........................................255 Demolition of Property at 1051 .......................................................................... ........................................156 Purchase of 1126 from Dubuque Community School Board ................................ ........................................217 White Water Creek Bridge .................................................................................... .... 31, 132, 133, 164, 170, 178 White, Ben ........................................................................................................... ........................................264 White, John .......................................................................................................... ................................ 374, 458 White, Joyce, SMG Five Flags Civic Center Manager ............................................ .................................. 45, 287 Whitesell, Stephen E. ,National Park Centennial Coordinator ................................ ........................................239 WHKS & Company .............................................................................................. .............................. 13, 34, 35 Book 137 INDEX Wickize, Daryl L ............................................................................... Wieland, Keith R ............................................................................... Wilberding, Katrina ........................................................................... Wilgenbusch, Jim .............................................................................. Wille, Duane J ................................................................................... Willenborg, Harlan ............................................................................ Williams, Gregory ............................................................................. Williams, Lary L ................................................................................ Williams, Vince ................................................................................. Wills, Penelope, President of Northeast Iowa Community College....... Wilmac Company .............................................................................. Winger, Tara ...................................................................................... Winkelman, Marcie ............................................................................ Winter, Elena ..................................................................................... Winterwood, Charles ......................................................................... Wireless Network .............................................................................. Woodin, John ..................................................................................... Woodline, Inc .................................................................................... Woodward, Bob ................................................................................. Worker Adjustment and Retraining Notification Act of 1988 (WARN) Workers' Compensation Excess Insurance .......................................... Wright, Richard ................................................................................. Wuertzer, Jean ................................................................................... Wysocki, Joe ..................................................................................... Y 55 Yardarm Bar, The ................................................................................................ ..................................... 76, 77 Yen Ching Restaurant .......................................................................................... .........................................424 York Street ........................................................................210, 211, 235, 252, 298, 360, 363, 411, 413, 417, 419 Curtis Street Storm Sewer Improvement Project ................................................ ..........................210, 211, 235 Young, Holly ....................................................................................................... .........................................351 Young, Joseph M ................................................................................................. .........................................276 Young, Reverend Thomas W., Westminster Presbyterian Church .......................... .........................................127 Youtzy, Larry ...................................................................................................... .........................................177 Z Zeller, Richard J ...................................................................................... ......................................................391 Ziegenfuss, Lori ...................................................................................... .............................................. 111, 128 Zirkelbach, Representative Ray ............................................................... ......................................................297 Zoning Advisory Commission Arensdorf Acres .................................................................................. ...................................................... 265 Asbury Plaza Business Park ................................................................. .............................................. 217, 437 Beverly Avenue .................................................................................. ......................................................230 Bies Drive ........................................................................................... ...................................................... 301 Big Box Retail Uses ............................................................................ ......................................................139 Biofuels Production Facilities .............................................................. ......................................................143 Board Appointments ........................................................................... ........................245, 262, 280, 300, 312 Callahan Old 20 Subdivision ............................................................... ......................................................236 Cedar Crest Ridge ............................................................................... .............................................. 196, 229 Cedar Lake Building Group ................................................................. ......................................................264 Central Avenue ................................................................................... ......................................................229 Clausen Place .................................................................................... ...................................................... 378 Comprehensive Bluff Plan ................................................................... ......................................................423 Creek Wood Drive .............................................................................. ...................................................... 327 Dubuque Industrial Center ................................................................... ......................................................185 Elm Street ........................................................................................... .............................................. 428, 444 Emerald Acres .................................................................................... ................................................ 59, 193 English Ridge Subdivision ................................................................... .......................................380, 381, 385 Fifth and White Streets -Milwaukee Industrial Tract 1 ........................ ...................................................... 378 Garfield Avenue .................................................................................. ......................................................138 Henschel - McNamer Place ................................................................. ...................................................... 303 56 INDEX Book 137 Henschel's Hidden Acres .......................... ........................................................................................ 322, 328 Indoor Outdoor Recreation Facilities ......... ................................................................................................ 326 Iowa 32 Southwest Arterial ....................... ................................................................................................231 Isaac Hanna Subdivision ........................... ................................................................................................ 376 Julien Care Place ....................................... ................................................................................................265 Kebbie Drive ............................................ ........................................................................................ 196, 327 Kivlahan Farms ......................................... ........................................................................................ 139, 177 Lake Ridge Drive ...................................... ........................................................................................ 109, 264 Lakeview Drive -Waller Addition ............ ................................................................................................ 322 Links Glen Place ....................................... ................................................................................................223 LT Kutsch Place ........................................ ................................................................................................409 Main Street ............................................... ................................................................................................230 Medical Associates ................................... ......................................................................... 329, 351, 428, 461 Miller Place .............................................. ................................................................................................146 Minutes Submitted .................................... .......................... 8, 96, 127, 175, 220, 249, 294, 317, 376, 407, 453 Northwest Arterial ..................................... ................................................................................................ 328 Pebble Cove #2 ......................................... ................................................................................................329 Pleasant View Estates ................................ ................................................................................................ 301 Rhomberg Avenue .................................... ........................................................................................ 303, 383 Rockdale Road .......................................... ................................................................................................106 Seippel Court ............................................ ........................................................................................ 105, 193 Seippel Road ............................................. .............................................................................16, 86, 104, 381 Serenity Ridge .......................................... ................................................................................................246 Silver Oaks Estates .................................... .................................................................................... 43, 62, 147 Subdivision Regulations ............................ ..................................................................................................59 Tee Box Place ........................................... ................................................................................................222 Televising Meetings .................................. ..................................................................................................68 Timber Hyrst Estates ................................. ................................................................................................385 University of Dubuque .............................. ................................................................................................106 Zoning Board of Adjustment ......................... ......... 8, 24, 41, 80, 96, 104, 127, 220, 249, 294, 326, 332, 376, 407 Zubler, Bill and Barb .................................... ................................................................................................111 Zwart, David, Swiss Valley Farms ................. ................................................................................................242