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9 8 09 City Council Proceedings Official CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on September 8, 2009 in the Historic Federal Building. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voetberg, City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a regular session of the City Council to act upon such business that may properly come before the City Council. Pledge of Allegiance Invocation was provided by Pastor Rex Raines of New Life Church. PROCLAMATIONS Assisted Living Week (September 13 – 19, 2009) was accepted by Sue Lemon, Sunset Park Place Retirement Community, 3730 Pennsylvania Avenue; 2010 Census Partnership was accepted by Planning Services Manager Laura Carstens; Shriners Hospitals for Children Day (September 19, 2009) was accepted by Council Member Ric Jones. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Jones. Motion carried 7-0. Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 6/23; City Council of 8/12, 8/17, 8/25 and 8/26; Civil Service Commission of 8/6; Housing Commission of 7/28; Housing Commission Trust Fund Committee of 5/28; Park and Recreation Commission of 8/11; Zoning Board of Adjustment of 8/27 Proof of publication of City Council Proceedings of August 3 and 12, 2009 Upon motion the documents were received and filed. Notice of Claims/Suits: Pamela Linn Schmitt for vehicle damage; Patricia and Lyle Galliart for property damage; David Willging for vehicle damage; John Ottavi for property damage; Cynthia A. McDermott for personal injury; Andy Rettenmeier for property damage on two occasions; Evelyn Maddux for personal injury; Molly Freiburger for vehicle damage; Karin Campbell for vehicle damage. Upon motion the documents were received and filed and referred to the City Attorney. City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Andy Rettenmeier for property damage (two claims); Jacob Schmitz for vehicle damage; Albert Weidenbacher for vehicle damage; Cynthia A. McDermott for personal injury; Pamela Schmitt for vehicle damage; David Willging for vehicle damage. City Attorney recommending settlement of the claim of John Ottavi for property damage. Upon motion the documents were received, filed and concurred. Amendment to Collective Bargaining Agreement – Teamsters Local No. 120: City Manager recommending approval of an amendment to the collective bargaining agreement with Teamsters Local No. 120 regarding meal reimbursement. Upon motion the documents were received, filed, and approved. Plumbing Board: Michael Swift submitting his resignation from the Plumbing Board. Upon motion the document was received and filed and the resignation accepted. 2009 Justice Assistance Grant (JAG): City Manager recommending approval of the acceptance of the 2009 Justice Assistance Grant (JAG) in the amount of $87,467.00. Upon motion the documents were received, filed, and approved. Civil Service Commission: Civil Service Commission submitting the certified list for the position of Accountant. Upon motion the documents were received and filed and made a Matter of Record. September 1, 2009 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Accountant was administered on August 18, 2009. We hereby certify that the individuals listed below have passed this written examination and the vacancy for this position should be made from this list and that this list is good for two (2) years from above date. ACCOUNTANT Tami Lansing Renae Fenrick James Dvorak Steven Lemon William J. Hanson Thomas J. Blake James P. Kelly Barbara A. Deutmeyer Heidi N. Waterman Randy Schmitt Mary Jo Rooney James P. McCann Ivan Gaidykevich Penny S. Roeder Amy Timmerman Dawn M. Blasen Julie J. Husemann Cheryl Pregler Ryan D. McCarthy Diane M. Boardman Respectfully submitted, /s/Dan White, /s/Jim Schilling, /s/Betty Takes, Civil Service Commission Sign On Letter for Health Care Reform Legislation: City Manager recommending approval of a sign on letter to the U.S. Conference of Mayors calling on Congress to pass comprehensive health care reform legislation. Upon motion the document was received, filed, and approved. City of Dubuque Written Investment Policy: Communication from the Association of Public Treasurers of the United States and Canada advising that the City’s written investment policy is one of 21 municipal policies to be certified by the Association this year. Upon motion the document was received and filed. 2 Iowa Great Places: Communication from Cyndi Pederson, Iowa Great Places, advising that the City’s grant application for the Millworking District Streetscape Project has been approved for a total grant of $150,000. Upon motion the document was received and filed. Iowa Mississippi River Parkway Commission: John E. Goodmann, Chairman, submitting the Iowa Mississippi River Parkway Commission 2008 / 2009 annual report. Upon motion the documents were received and filed. Letter of Support: City Manager recommending approval of a letter of support to the East Central Intergovernmental Association grant application to the Iowa Department of Economic Development to support Prosperity Eastern Iowa. Upon motion the documents were received, filed, and approved. Carnegie Stout Public Library: Communication from Mary Wegner, State Librarian, advising that the Carnegie Stout Public Library has met the conditions for Library Accreditation in the State of Iowa. 2008 Drain Tile Project: City Manager recommending acceptance of the 2008 Drain Tile Project (Melrose Terrace, Mineral Street and Deborah Drive), as completed by McDermott Excavating, in the final contract amounts of $29,390.88 for Melrose Terrace, $23,746.70 for Mineral Street, and $7,277.11 for Deborah Drive. Upon motion the documents were received and filed and Resolution No. 303-09 Accepting the 2008 Drain Tile Project (Melrose Terrace) and authorizing payment of the contract amount to the contractor; Resolution No. 304-09 Accepting the 2008 Drain Tile Project (Mineral Street) and authorizing payment of the contract amount to the contractor; and Resolution No. 305-09 Accepting the 2008 Drain Tile Project (Deborah Drive) and authorizing payment of the contract amount to the contractor were adopted. RESOLUTION NO. 303-09 ACCEPTING THE 2008 DRAIN TILE PROJECT (MELROSE TERRACE) AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the 2008 Drain Tile Project (Melrose Terrace) (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 Drain Tile Extension Program appropriation for the contract amount of $29,390.88 less any retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code chapter 573. th Passed, approved and adopted this 8 day of September, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 3 CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE 2008 DRAIN TILE PROJECT (MELROSE TERRACE) The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the 2008 Drain Tile Project (Melrose Terrace), 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 $29,390.88. Dated this 3rd day of September, 2009. Gus Psihoyos, City Engineer rd Filed in the office of the City Clerk on the 3 day of September, 2009. Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 304-09 ACCEPTING THE 2008 DRAIN TILE PROJECT (MINERAL STREET) AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the 2008 Drain Tile Project (Mineral Street) (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 Drain Tile Extension Program appropriation for the contract amount of $23,746.70 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 8th day of September, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE 2008 DRAIN TILE PROJECT (MINERAL STREET) The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the 2008 Drain Tile Project (Mineral Street), 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 $23,746.70. Dated this 3rd day of September, 2009. Gus Psihoyos, City Engineer rd Filed in the office of the City Clerk on the 3 day of September, 2009. Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 305-09 ACCEPTING THE 2008 DRAIN TILE PROJECT (DEBORAH DRIVE) AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the 2008 Drain Tile Project (Deborah Drive) (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 4 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 Drain Tile Extension Program appropriation for the contract amount of $7,277.11 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 8th day of September, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE 2008 DRAIN TILE PROJECT (DEBORAH DRIVE) The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the 2008 Drain Tile Project (Deborah Drive), 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 $7,277.11. Dated this 3rd day of September, 2009. Gus Psihoyos, City Engineer rd Filed in the office of the City Clerk on the 3 day of September, 2009. Jeanne F. Schneider, CMC, City Clerk St. Mary’s Street Retaining Wall Reconstruction Project: City Manager recommending acceptance of St. Mary’s Street Retaining Wall Reconstruction Project as completed by Tschiggfrie Excavating Company in the final contract amount of $271,428.59. Upon motion the documents were received and filed and Resolution No. 306-09 Accepting the St. Mary’s Street Retaining Wall Reconstruction Project and authorizing payment of the contract amount to the contractor was adopted. RESOLUTION NO. 306-09 ACCEPTING THE ST. MARY’S STREET RETAINING WALL RECONSTRUCTION PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the St. Mary’s Street Retaining Wall Reconstruction Project (the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted; 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 St. Mary’s Wall Capital Improvement Project appropriation for the contract amount of $271,428.59 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 8th day of September, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 5 CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE ST. MARY’S STREET RETAINING WALL RECONSTRUCTION PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the St. Mary’s Street Retaining Wall Reconstruction Project, that the Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $298,658.92. th Dated this 28 day of August, 2009. Gus Psihoyos, City Engineer th Filed in the office of the City Clerk on the 28 day of August, 2009. Jeanne F. Schneider, CMC, City Clerk Pine Knoll Subdivision: City Manager recommending acceptance of the sanitary sewer and watermain improvements that the developer, Kane Development Corp., a/k/a Renaissance Construction Corp., has recently completed on Lot 1-1-3 St. Mary’s Place (also known as Pine Knoll Condominiums), with the condition that the City incurs no additional expense with regard to colored concrete. Upon motion the documents were received and filed and Resolution No. 307-09 Accepting sanitary sewer and watermain improvements in Lot 1-1-3 St. Mary’s Place in the City of Dubuque, Iowa (also known as Pine Knoll condominiums); and Resolution No. 308-09 Accepting a Grant of Easement for sanitary sewer and water main improvements in Lot 1-1-3 St. Mary’s Place in the City of Dubuque were adopted. RESOLUTION NO. 307-09 ACCEPTING SANITARY SEWER AND WATERMAIN IMPROVEMENTS IN LOT 1-1-3 ST. MARY’S PLACE IN THE CITY OF DUBUQUE, IOWA (ALSO KNOWN AS PINE KNOLL CONDOMINIUMS) Whereas, certain improvements including sanitary sewer and watermain were installed by the developer of Lot 1-1-3 St. Mary’s Place (Pine Knoll Condominiums); and Whereas, the sanitary sewer and watermain improvements have 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 improvements be accepted by the City Council. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said sanitary sewer and watermain improvements in Lot 1-1-3 St. Mary’s Place in the City of Dubuque, Iowa (also known as Pine Knoll Condominiums), be and the same is hereby accepted. Section 2. That maintenance of said improvements, including the replacement of colored or patterned concrete streets, driveways, and sidewalks at the option of the Homeowners Association, shall be the responsibility of Renaissance Construction Corp. for a period of two (2) years from this date. Passed, approved and adopted this 8th day of September, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 6 RESOLUTION NO. 308-09 ACCEPTING A GRANT OF EASEMENT FOR SANITARY SEWER AND WATER MAIN IMPROVEMENTS IN LOT 1-1-3 ST. MARY’S PLACE IN THE CITY OF DUBUQUE Whereas, Pine Knoll Homeowner’s Association, an Iowa non-profit Corporation, has executed an Easement for Sanitary Sewer and Water main and appurtenances through, under and across a part of Lot 1-1-3 St. Mary’s Place in the City of Dubuque, Dubuque County, Iowa. 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 of, accepts and consents to the Grant of Easement for Sanitary Sewer and Water main and appurtenances through, under and across a part of Lot 1-1-3 St. Mary’s Place in the City of Dubuque, Dubuque County, Iowa from Pine Knoll Homeowner’s Association, an Iowa non-profit Corporation, a copy of which is attached hereto. 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. th Passed, approved and adopted this 8 day of September, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Dubuque Industrial Center West – North Siegert Farm: City Manager recommending acceptance of the sanitary sewer and watermain easements in the Dubuque Industrial Center West for the extension of said utilities with regard to the development of the North Siegert Farm. Upon motion the documents were received and filed and Resolution No. 309-09 Accepting a grant of an easement for sanitary sewer through, under and across a part of Lot A of Westbrook Subdivision in the City of Dubuque and Resolution No. 310-09 Accepting a grant of an easement for watermain through, under and across a part of Lot 1 of Lot 1 of Dubuque Industrial Center West th 5 Addition in the City of Dubuque were adopted. RESOLUTION NO. 309-09 ACCEPTING A GRANT OF AN EASEMENT FOR SANITARY SEWER THROUGH, UNDER AND ACROSS A PART OF LOT A OF WESTBROOK SUBDIVISION IN THE CITY OF DUBUQUE Whereas, Callahan Construction, Inc. has executed an Easement for Sanitary Sewer through, under and across a part of Lot A of Westbrook Subdivision in the City of Dubuque, Dubuque County, Iowa. 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 of, accepts and consents to the Grant of Easement for Sanitary Sewer through, under and across a part of Lot A of Westbrook Subdivision in the City of Dubuque, Dubuque County, Iowa from Callahan Construction, Inc., a copy of which is attached hereto. 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, approved and adopted this 8th day of September, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 7 RESOLUTION NO. 310-09 ACCEPTING A GRANT OF AN EASEMENT FOR WATERMAIN THROUGH, UNDER AND TH ACROSS A PART OF LOT 1 OF 1 OF DUBUQUE INDUSTRIAL CENTER WEST 5 ADDITION IN THE CITY OF DUBUQUE Whereas, Giese Properties, LLC has executed an Easement for Watermain through, under and th across a part of Lot 1 of 1 of Dubuque Industrial Center West 5 Addition in the City of Dubuque, Dubuque County, Iowa. 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 of, accepts and consents to the Grant of Easement for Watermain through, under and across a part of Lot 1 of 1 of th Dubuque Industrial Center West 5 Addition in the City of Dubuque, Dubuque County, Iowa from Giese Properties, LLC, a copy of which is attached hereto. 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. th Passed, approved and adopted this 8 day of September, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Town Clock Plaza Concrete Repair Project: City Manager recommending acceptance of the Town Clock Plaza Concrete Repair Project as completed by Eastern Iowa Excavating in the final contract amount of $13,730.20. Upon motion the documents were received and filed and Resolution No. 311-09 Accepting the Town Clock Plaza Concrete Repair Project and authorizing payment of the contract amount to the contractor was adopted. RESOLUTION NO. 311-09 ACCEPTING THE TOWN CLOCK PLAZA CONCRETE REPAIR PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Town Clock Plaza Concrete Repair 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 Town Clock Plaza Repair Capital Improvement Project appropriation for the contract amount of $13,730.20 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 8th day of September, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 8 CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE TOWN CLOCK PLAZA CONCRETE REPAIR PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Town Clock Plaza Concrete Repair 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 $13,730.20. rd Dated this 3 day of September, 2009. Gus Psihoyos, City Engineer rd Filed in the office of the City Clerk on the 3 day of September, 2009. Jeanne F. Schneider, CMC, City Clerk National Mississippi River Museum and Aquarium River Center, Phase I – Roof Replacement Project: City Manager recommending acceptance of the National Mississippi River Museum and Aquarium River Center, Phase I – Roof Replacement Project as completed by Geisler Brothers Company in the final contract amount of $41,765.00. Upon motion the documents were received and filed and Resolution No. 312-09 Accepting the National Mississippi River Museum and Aquarium River Center, Phase I – Roof Replacement Project and authorizing payment of the contract amount to the contractor was adopted. RESOLUTION NO. 312-09 ACCEPTING THE NATIONAL MISSISSIPPI RIVER MUSEUM AND AQUARIUM RIVERS CENTER PROJECT, PHASE I – ROOF REPLACEMENT PROJECT (IOWA DOT NO. EDP-2100 (638)--7Y-31) AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the National Mississippi River Museum and Aquarium Rivers Center Project, Phase I – Roof Replacement Project (Iowa DOT No. EDP-2100 (638)--7Y-31) (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 Rivers to the See Exhibit Grant (EDP-2100 (638)--7Y-31) ($33,412, 80%), and the City shall be reimbursed in the amount of $8,353 (20%) from the Dubuque County Historical Society ($8,353.00) for the contract amount of $41,765.00 less any retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code chapter 573. th Passed, approved and adopted this 8 day of September, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE NATIONAL MISSISSIPPI RIVER MUSEUM AND AQUARIUM RIVERS CENTER PROJECT, PHASE I – ROOF REPLACEMENT PROJECT (IOWA DOT NO. EDP-2100 (638)--7Y-31) The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the National Mississippi River Museum and Aquarium Rivers Center Project, Phase I – Roof Replacement Project (Iowa DOT No. EDP-2100 (638)--7Y-31), that the Project has been 9 performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $41,765.00. rd Dated this 3 day of September, 2009. Gus Psihoyos, City Engineer rd Filed in the office of the City Clerk on the 3 day of September, 2009. Jeanne F. Schneider, CMC, City Clerk Historic Preservation Commission: Historic Preservation Commission recommending that the Roshek Building be eligible for nomination to the National Register of Historic Places. Upon motion the documents were received, filed, and concurred. 2010 Census New Construction Program: City Manager recommending approval of the appointment of Assistant Planner Guy Hemenway as the liaison for the U.S. Census Bureau’s 2010 Census New Construction Program. Upon motion the documents were received, filed, and approved. Preliminary Digitized Flood Insurance Rate Map (DFIRM): City Manager recommending approval of the transmittal of a letter from Mayor Buol to FEMA requesting revision of proposed floodplain boundary delineations or regulatory floodway boundaries in the preliminary DFIRM. Upon motion the documents were received, filed, and approved. Amendment to Development Agreement – Hotel Julien: City Manager recommending approval of the First Amendment to the Development Agreement for HJD Landlord, LLC and JHD Manager, LLC to support their rehabilitation of the Hotel Julien at 200 Main Street. Upon motion the documents were received and filed and Resolution No. 313-09 Approving the First Amendment to the HJD Landlord, LLC and HJD Manager, LLC Development Agreement was adopted. RESOLUTION NO. 313-09 APPROVING THE FIRST AMENDMENT TO THE HJD LANDLORD, LLC and HJD MANAGER, LLC DEVELOPMENT AGREEMENT Whereas, a Development Agreement (the Agreement), dated April 21, 2008, was entered into by and between the City of Dubuque, a municipal corporation of the State of Iowa (City), and HJD Landlord, LLC and HJD Manager, LLC (Developer); and Whereas, City and HJD Landlord, LLC and HJD Manager, LLC 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 HJD Landlord, LLC and HJD Manager, LLC Development Agreement is hereby approved. Section 2. That the Mayor is hereby authorized 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 authorized to take such actions as are necessary to implement the terms of the First Amendment as herein approved. Passed, approved and adopted this 8th day of September, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk 10 Hillcrest Family Services: City Manager recommending approval of a Parking License Agreement with Hillcrest Family Services, Inc. for thirty parking spaces in the Wilbright Lane parking lot in Flora Park. Upon motion the documents were received, filed, and approved. Acceptance of EPA Generation Green Grant Agreement: City Manager recommending acceptance of a Generation Green Grant Agreement with the U.S. Environmental Protection Agency. Upon motion the documents were received, filed, and approved. Fiscal Year 2010 Bond Projects: City Manager recommending approval of a Declaration of Official Intent to reimburse from bond proceeds for prior expenditures made for the Bee Branch Creek Restoration, Downtown Public Parking Ramp and Water Vacuum Filter Building Back-up Power Supply capital projects. Upon motion the documents were received and filed and Resolution No. 314-09 Declaring an official intent under Treasury Regulation 1.150-2 to issue debt to reimburse the City for certain original expenditures paid in connection with specified projects was adopted. RESOLUTION NO. 314-09 RESOLUTION DECLARING AN OFFICIAL INTENT UNDER TREASURY REGULATION 1.150.2 TO ISSUE DEBT TO REIMBURSE THE CITY FOR CERTAIN ORIGINAL EXPENDITURES PAID IN CONNECTION THE SPECIFIED PROJECTS WHEREAS, the City of Dubuque, Iowa (“City”) anticipates making cash expenditures for one or more of the approved capital improvement projects, generally described on Exhibit A attached hereto and made apart hereof (which shall hereinafter be referred to as the “Reimbursement Projects”); and WHEREAS, the City reasonably expects to issue debt to reimburse the costs of the Reimbursement Projects; and WHEREAS, the Council believes it is consistent with the City’s budgetary and financial circumstances to issue this declaration of official intent. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. This Resolution shall serve as a declaration of official intent under Treasury Regulation 1.150-2. Section 2. It is reasonably expected that capital expenditures will be made in respect of the Reimbursement Projects, from time to time and in such amounts as this Council determines to be necessary or desirable under the circumstances then and there existing, and this Council reasonably expects to reimburse all or a portion of such expenditures with the proceeds of bonds, notes or other indebtedness to be issued or incurred by the City in the future. Section 3. The maximum principal amount of bonds, notes, or other indebtedness to be issued for the Reimbursement Projects, and the name of the fund or account from which the original expenditures will be paid are reasonably expected to be as set forth on Exhibit A attached and made a part thereof. Section 4. The City reasonably expects to reimburse the Reimbursement Project costs not later than the later of eighteen months after the capital expenditures are paid or eighteen months after the applicable property is placed in service. Section 5. This Resolution shall be maintained by the City Clerk and available at all times for public inspection, subject to such revision as may be necessary. th Passed and approved this 8 day of September, 2009 Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 11 EXHIBIT A Name of Anticipated amount of bonds Name of fund or account from Reimbursement Project to be issued for the project which original expenditures Bee Branch Creek Restoration Project $4,267,235* Stormwater Fund Downtown Public Parking Greater Downtown th Ramp – 5 & Bluff $11,169.003 Urban Renewal TIFF Fund Water Vacuum Filter Building Back-up Power Supply $28,000 Water Revenue Fund *Includes both bonds and SRF loan. Signed Contracts: A) Award Inspection and Engineering Services Contract for West Third Reservoir to IIW Engineers; B) Parking Ramp Soil Agreement between W.C. Stewart Construction Company and the City of Dubuque; C) Agreement for Services from Durrant Group for Grand River Center Projects; D) Eagle Point Park Erosion Control; and E) North Fork Catfish Creek Water Main Improvements. Upon motion the documents were received and filed. Liquor and Tobacco License Applications: City Manager recommending approval of annual liquor license renewals as submitted. Upon motion the documents were received and filed and Resolution No. 315-09 Granting the issuance of two renewals permits to sell cigarettes and cigarette papers to Hiba Petroleum and Walgreen Company; Resolution No. 316-09 Granting the issuance of a Class “C” Beer Permit to Holy Ghost Church, Eagle Country Market, Sid’s Beverage and Wal-Mart Supercenter; and Resolution No. 317-09 Granting the issuance of a Class “C” Beer/Liquor License to Carlos O’Kelly’s, Star Restaurant and Ultra Lounge, Los Aztecas Mexican Restaurant, Bandana’s Bar-B-Q and Fat Tuesday (1-Day Outdoor Sales); a Special Class “C” (BW) Liquor License to Tri-State Blind Society; a Class “B” Wine Permit to Eagle Country Market, Sid’s Beverage and Wal-Mart Supercenter; a Class “B” (WBN) Native Wine Permit to Mandolin Inn and Casey’s General Store #2421; and a Special Class “C” (BW) Liquor License (5-Day Special Event) to Riverview Center (September 18 and 25, 2009) and Dubuque County Fine Arts Society (September 9, 25, 26 and October 1, 2009) were adopted. RESOLUTION NO. 315-09 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. 2 RENEWALS Hiba Petroleum Omer Faroog 700 Rhomberg Avenue Walgreens # 11942 Walgreen Co. 345 E. 20 th Street th Passed, approved and adopted this 8 day of September, 2009 Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 12 RESOLUTION NO. 316-09 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved: and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS “C” BEER PERMIT Holy Ghost Church Holy Ghost Church+(Sunday Sale) 2921 Central Avenue Downtown Eagle, Inc. Eagle Country Market+(Sunday Sale) 1800 Elm Street Sid’s Beverage Sid’s Beverage+(Sunday Sale) 2727 Dodge Street Wal-Mart Stores, Inc. Wal-Mart Supercenter #2004+(Sunday Sale) 4200 Dodge Street th Passed, approved and adopted this 8 day of September, 2009 Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 317-09 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State Laws and all City Ordinances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS “C” BEER/LIQUOR LICENSE Carlos O’Kelly’s Carlos O’Kelly’s+(Sunday Sale) 1355 Associates Drive James Madison, Inc. Star Restaurant & Ultra Lounge 600 Star Brewery +(Sunday/Outdoor) Drive Famolo Iowa, Inc. Los Aztecas Mexican Restaurant 2700 Dodge Street +(Sunday Sale) Bandana’s Missouri, LLC Bandana’s Bar-B-Q +(Sunday Sale) 2035 JFK Road IBRICO, Inc. Fat Tuesday(1 Day Outdoor Sale) 1121 University Avenue SPECIAL CLASS “C” (BW) LIQUOR Tri-State Independent Blind Tri-State Blind Society 3333 Asbury Road CLASS “B” WINE Downtown Eagle, Inc. Eagle Country Market 1800 Elm Street Sid’s Beverage Store Sid’s Beverage 2727 Dodge Street Wal-Mart Stores, Inc. Wal-Mart Supercenter #2004 4200 Dodge Street CLASS “B” (WBN) NATIVE WINE Mandolin Inn Mandolin Inn 199 Loras Blvd. Casey’s Marketing Company Casey General Store #2421 400 Peru Road SPECIAL CLASS “C” (BW) LIQUOR (5-DAY SPECIAL EVENT) 13 Riverview Center Riverview Center (9-18-09) 1000 Block of Main Street Riverview Center Riverview Center (9-25-09) 1000 Jackson Street DBQ County Fine Arts Dubuque County Fine Arts Society 1000 Jackson Street (9-09-09) DBQ County Fine Arts Dubuque County Fine Arts Society 1000 Jackson Street (9-15-09) DBQ County Fine Arts Dubuque County Fine Arts Society 1000 Jackson Street (9-26-09) DBQ County Fine Arts Dubuque County Fine Arts Society 1000 Jackson Street (10-01-09) Passed, approved and adopted this 8th day of September, 2009 Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk ITEMS TO BE SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, adopt the resolutions, set the public hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Jones. Motion carried 7-0. 40 Main, LLC: City Manager recommending approval of four plats in connection with the proposed vacating and disposal of a portion of Jones Street and the adjacent alley north of Jones Street as requested by 40 Main, LLC. City Manager recommending that a public hearing be set for September 21, 2009 to consider the vacating of a portion of Jones Street and the adjacent alley north of Jones Street behind 42, 44 and 48 Main Street. City Manager recommending that a public hearing be set for September 21, 2009 to consider disposition of real estate by Real Estate Contract with 40 Main, LLC. Upon motion the documents were received and filed and Resolution No. 318-09 Approving plat of Lot 1A of the west half of Block 10 in Dubuque Harbor Company’s Addition; Resolution No. 319- 09 Approving plat of Lot 10A of the west half of Block 1 in Dubuque Harbor Company’s Addition; Resolution No. 320-09 Approving plat of Lot 12A of the west half of Block 1 in Dubuque Harbor Company’s Addition; Resolution No. 321-09 Approving plat of Lot 17A of the west half of Block 1 in Dubuque Harbor Company’s Addition; Resolution No. 322-09 Resolution of intent to vacate Lot 1 of 10A, Lot 1 of 12A and Lot 1 of 17A all in the west half of Block 1 and Lot 1 of 1A in the west half of Block 10 in Dubuque Harbor Company’s Addition in the City of Dubuque, Dubuque County, Iowa; and Resolution No. 323-09 Resolution of intent to dispose of the City’s interest in Lot 1 of 10A, Lot 1 of 12A and Lot 1 of 17A all in the west half of Block 1 and Lot 1 of 1A in the west half of Block 10 in Dubuque Harbor Company’s Addition in the City of Dubuque, Dubuque County, Iowa, were adopted setting the public hearings for a meeting to commence at 6:30 p.m. on September 21, 2009 in the Historic Federal Building. RESOLUTION NO. 318-09 APPROVING PLAT OF LOT 1A OF THE WEST HALF OF BLOCK 10 IN DUBUQUE HARBOR COMPANY’S ADDITION Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated the 25th day of August, 2009, prepared by Buesing & Associates describing the proposed 14 vacated portion of the Jones Street cul-de-sac to be known as Lot 1 of 1A of the West Half of Block 10 in Dubuque Harbor Company’s Addition in the City of Dubuque, Dubuque 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 25th day of August, 2009 prepared by Buesing & Associates 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, Dubuque County, Iowa, as shown on said Plat of Lot 1 of 1A of the West Half of Block 10 in Dubuque Harbor Company’s Addition. Section 3. That the City Clerk be and is hereby 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 8th day of September, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 319-09 APPROVING PLAT OF LOT 10A OF THE WEST HALF OF BLOCK 1 IN DUBUQUE HARBOR COMPANY’S ADDITION Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated the 21st day of August, 2009, prepared by Buesing & Associates describing the proposed vacated portion of Locust Street Connector to be known as Lot 1 of 10A of the West Half of Block 1 in Dubuque Harbor Company’s Addition in the City of Dubuque, Dubuque 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 21st day of August, 2009 prepared by Buesing & Associates 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, Dubuque County, Iowa, as shown on said Plat of Lot 1 of 10A of the West Half of Block 1 in Dubuque Harbor Company’s Addition. Section 3. That the City Clerk be and is hereby 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 8th day of September, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 15 RESOLUTION NO. 320-09 APPROVING PLAT OF LOT 12A OF THE WEST HALF OF BLOCK 1 IN DUBUQUE HARBOR COMPANY’S ADDITION Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated the 25th day of August, 2009, prepared by Buesing & Associates describing the proposed vacated portion of the alley north of Jones Street and east of Main Street to be known as Lot 1 of 12A of the West Half of Block 1 in Dubuque Harbor Company’s Addition in the City of Dubuque, Dubuque 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 25th day of August, 2009 prepared by Buesing & Associates 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, Dubuque County, Iowa, as shown on said Plat of Lot 1 of 12A of the West Half of Block 1 in Dubuque Harbor Company’s Addition. Section 3. That the City Clerk be and is hereby 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 8th day of September, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 321-09 APPROVING PLAT OF LOT 17A OF THE WEST HALF OF BLOCK 1 IN DUBUQUE HARBOR COMPANY’S ADDITION Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated the 25th day of August, 2009, prepared by Buesing & Associates describing the proposed vacated portion of the Jones Street cul-de-sac to be known as Lot 1 of 17A of the West Half of Block 1 in Dubuque Harbor Company’s Addition in the City of Dubuque, Dubuque 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 25th day of August, 2009 prepared by Buesing & Associates 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, Dubuque County, Iowa, as shown on said Plat of Lot 1 of 17A of the West Half of Block 1 in Dubuque Harbor Company’s Addition. 16 Section 3. That the City Clerk be and is hereby 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 8th day of September, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 322-09 RESOLUTION OF INTENT TO VACATE LOT 1 OF 10A, LOT 1 OF 12A AND LOT 1 OF 17A ALL IN THE WEST HALF OF BLOCK 1 AND LOT 1 OF 1A IN THE WEST HALF OF BLOCK 10 IN DUBUQUE HARBOR COMPANY’S ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, 40 Main, LLC has requested the vacating and disposal of a portion of Jones Street and adjacent alleys; and Whereas, Buesing & Associates has prepared and submitted to the City Council plats showing the vacated portions of rights-of-way and assigned lot numbers thereto, which hereinafter shall be known and described as Lot 1 of 10A, Lot 1 of 12A and Lot 1 of 17A all in the West Half of Block 1 and Lot 1 of 1A in the West Half of Block 10 in Dubuque Harbor Company’s 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 intends to vacate Lot 1 of 10A, Lot 1 of 12A and Lot 1 of 17A all in the West Half of Block 1 and Lot 1 of 1A in the West Half of Block 10 in Dubuque Harbor Company’s Addition in the City of Dubuque, Dubuque County, Iowa. Section 2. The City Clerk is hereby authorized 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 vacate the foregoing-described real property, to be held on the 21st day of September, 2009, at 6:30 o'clock p.m. at the Historic Federal Building, Dubuque, Iowa. Passed, approved and adopted this 8th day of September, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 323-09 RESOLUTION OF INTENT TO DISPOSE OF THE CITY’S INTEREST IN LOT 1 OF 10A, LOT 1 OF 12A AND LOT 1 OF 17A ALL IN THE WEST HALF OF BLOCK 1 AND LOT 1 OF 1A IN THE WEST HALF OF BLOCK 10 IN DUBUQUE HARBOR COMPANY’S ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, 40 Main, LLC has offered to purchase Lot 1 of 10A, Lot 1 of 12A and Lot 1 of 17A all in the West Half of Block 1 and Lot 1 of 1A in the West Half of Block 10 in Dubuque Harbor Company’s Addition in the City of Dubuque, Dubuque County, Iowa, upon the terms and conditions of the Real Estate Contract attached hereto; and Whereas, the City Council finds that it is in the interests of the City of Dubuque to approve the Real Estate Contract. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to dispose of its interest in Lot 1 of 10A, Lot 1 of 12A and Lot 1 of 17A all in the West Half of Block 1 and Lot 1 of 1A in the West Half of Block 10 in Dubuque Harbor Company’s Addition in the City of Dubuque, Dubuque County, Iowa pursuant to the Real Estate Contract attached hereto contingent upon the payment by 40 Main, LLC of $157,583.00, plus platting, publication, and filing fees. 17 Section 2. The City Clerk is hereby authorized 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 st dispose of the foregoing-described real property, to be held on the 21 day of September, 2009, at 6:30 o'clock p.m. at the Historic Federal Building, Dubuque, Iowa. Passed, approved and adopted this 8th day of September, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk West End Commercial Subdivision: City Manager recommending that a public hearing be set for September 21, 2009 to consider a request from Tschiggfrie Excavating Company to vacate and dispose of the final plat of West End Commercial Subdivision. Upon motion the documents were received and filed and Resolution No. 324-09 Resolution of intent to vacate the final plat of West End Commercial Subdivision and dispose of City interest in Lot A and Lot B in West End Commercial Subdivision 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 21, 2009 in the Historic Federal Building. RESOLUTION NO. 324-09 RESOLUTION OF INTENT TO VACATE THE FINAL PLAT OF WEST END COMMERCIAL SUBDIVISION AND DISPOSE OF CITY INTEREST IN LOT A AND LOT B IN WEST END COMMERCIAL SUBDIVISION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, Tschiggfrie Excavating Co. has requested the vacating of the Final Plat of West End Commercial Subdivision; and Whereas, IIW Engineers & Surveyors, PC has prepared and submitted to the City Council a plat showing the vacated Final Plat of West End Commercial Subdivision, which hereinafter shall be known and described as the Final Plat of West End Commercial Subdivision 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 City of Dubuque, Iowa, intends to vacate and dispose of its interest the Final Plat of West End Commercial Subdivision in the City of Dubuque, Dubuque County, Iowa. Section 2. That the conveyance of Lot A and Lot B of West End Commercial Subdivision in the City of Dubuque, Dubuque County, Iowa, be contingent upon the payment of $300.00, plus platting, publication, and filing fees. Section 3. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to vacate the Final Plat of West End Commercial Subdivision and dispose of Lot A and Lot B of West End Commercial Subdivision said real estate to be published in the manner as prescribed by law. th Passed, approved and adopted this 8 day of September, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Amended and Restated Greater Downtown Urban Renewal District: City Manager recommending that a public hearing be set for October 5, 2009 to consider a Resolution of Necessity for the Amended and Restated Greater Downtown Urban Renewal District. Upon motion the documents were received and filed and Resolution No. 325-09 Resolution of necessity 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 18 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 October 5, 2009 in the Historic Federal Building. RESOLUTION NO. 325.09 RESOLUTION OF NECESSITY 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 . Whereas, the City Council of the City of Dubuque has heretofore, by Resolution No. 300-08 adopted on September 2, 2008, approved the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District (a merger of the Downtown Dubuque and Ice Harbor Urban Renewal Districts) (the “District”) in order to provide redevelopment opportunities which will further the purposes and objectives of the foregoing Urban Renewal Plan; and Whereas, the City Council has found that certain areas adjacent to the District meet the definition of a blighted area as found in Chapter 403 "Urban Renewal" of the Iowa Code; and Whereas, Chapter 403 of the Iowa Code 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 development 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 area, which is proposed to be added to the Greater Downtown Urban Renewal District, is a blighted area as defined by Chapter 403 of the Iowa Code and is appropriate for an urban renewal project, to wit: 1) Cable Car Subarea Commencing as a point of reference at the intersection of the centerlines of Second Street and Locust Street in the City of Dubuque, Dubuque County, Iowa, said point being the point of beginning; Thence southeasterly along the centerline of Locust Street to a point of intersection with the centerline of First Street; Thence southwesterly along the centerline of First Street to a point of intersection with the centerline of Bluff Street; Thence northwesterly along the centerline of Bluff Street to a point of intersection with the centerline of Emmett Street; Thence southwesterly along the centerline of Emmett Street to a point of intersection with the centerline of St. Mary’s Street; Thence northwesterly along the centerline of St. Mary’s Street and to a point of intersection with the northerly line of Cathedral Center extended southwesterly; Thence northeasterly along the northerly line of Cathedral Center to a point of intersection with the westerly right of way line of Bluff Street; Thence northwesterly along said westerly right of way line of Bluff Street and extension thereof to a point of intersection with the centerline of Third Street; Thence southwesterly along the centerline of Third Street to a point of intersection with the westerly line of Lot 1 of the East 78 ft. of the South 100 ft. of Lot 4 of City Lot 692 extended southerly; Thence northwesterly along said westerly line to a point of intersection with the southerly line of Fenelon Point Subdivision; Thence northeasterly along said southerly line to a point of intersection with the westerly line of Lot 2 of 2 of City Lot 692;Thence northwesterly along said westerly line and westerly line of Lot 1 of 2 of City Lot 692 to a point of intersection with the southerly right of way line of W. Fourth Street; Thence northeasterly across W. Fourth Street to the southwest corner of Lot 1 of Evan’s Place, said point also being on the northerly right of way line of W. Fourth Street; Thence northwesterly along the west line of said Lot 1 to the southeast corner of Lot 34 of Cooper Heights Addition; Thence continuing northwesterly along the easterly line of Lots 34, 35, 36 and 37 of Cooper Heights Addition to a point of intersection with the southerly right of way line of W. Fifth 19 Street; Thence northeasterly to a point of intersection in the centerline of W. Fifth Street approximately 270 feet southwesterly of the centerline of Bluff Street; Thence northwesterly along the centerline of W. Fifth Street to a point of intersection with the southerly line of Coriell’s Dubuque also being the northerly right of way line of W. Fifth Street; Thence northeasterly along said right of way line of W. Fifth St. to the southwest corner of Lot 1 of City Lot 690;Thence northwesterly along the westerly line of said Lot 1 to the northwest corner of said Lot 1;Thence northeasterly along the northerly line of said Lot 1 to the northeast corner of said Lot 1;Thence southeasterly along the easterly line of said Lot 1 to a point of intersection with the northerly line of the south 62.5 ft. of the north 64 ft. of City lot 617;Thence northeasterly along said northerly line and extension thereof to a point of intersection with the centerline of Bluff Street; Thence southeasterly along the centerline of Bluff Street to a point of intersection with the northerly line of the south 10 ft. of City Lot 138 extended southwesterly; Thence northeasterly along said northerly line and northerly line of the south 10 ft. of the south 34.6 ft. of City Lot 103 and extension thereof to a point of intersection with the centerline of Locust Street; Thence southeasterly along the centerline of Locust Street to a point of intersection with the centerline of Second Street, said point being the point of beginning. Section 2. That the development of the above-described expansion area is necessary 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 authorized and directed to prepare an Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District for the purpose of including the above-described areas in the District, to forward 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 adoption of the proposed Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District to be held on October 5, 2009 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 that said notice shall be published and available to the public on September 25, 2009. Section 5. That the City Clerk is further directed to send by ordinary mail a copy of said Plan and notice of public hearing to the Dubuque Community School District, the County Board of Supervisors and the Northeast Iowa Community College, as the affected taxing entities. th Passed, approved and adopted this 8 day of September, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Fiscal Year 2010 First Budget Amendment: City Manager recommending that a public hearing be set for September 21, 2009 to consider approval of the first amendment to the Fiscal Year 2010 budget. Upon motion the documents were received and filed and Resolution No. 326-09 Setting the date for the public hearing on Amendment No. 1 to the Fiscal Year 2010 budget for the City of Dubuque was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on September 21, 2009 in the Historic Federal Building. 20 RESOLUTION NO. 326-09 SETTING THE DATE FOR THE PUBLIC HEARING ON AMENDMENT NO. 1 TO THE FISCAL YEAR 2010 BUDGET FOR THE CITY OF DUBUQUE Whereas, Iowa Code Section 384.16 provides that the City Council shall set a time and place for a public hearing on amendments to the budget and 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 DUBUQUE, IOWA: Section 1. That the City Council shall conduct a public hearing on proposed Amendment No. 1 to the Fiscal Year 2010 budget for the City of Dubuque at the City Council Chambers at the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, on Monday, September 21, 2009, beginning at 6:30 p.m. Section 2. That the City Clerk be and is hereby authorized and directed to publish notice of the public hearing, according to law, together with the required budget information. Passed, approved and adopted this 8th day of September 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk General Obligation Bonds: City Manager recommending that a public hearing be set for September 21, 2009 to consider approval of the issuance of not to exceed $3,000,000 General Obligation Bonds to be used for various projects. Upon motion the documents were received and filed and Resolution No. 327-09 Fixing date for a meeting on the proposition of the issuance of not to exceed $3,000,000 General Obligation Bonds, Series 2009 (for essential corporate purposes) of the City 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 September 21, 2009 in the Historic Federal Building. RESOLUTION 327-09 FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $3,000,000 GENERAL OBLIGATION BONDS, SERIES 2009, (FOR ESSENTIAL CORPORATE PURPOSES) OF THE CITY 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, Series 2009, to the amount of not to exceed $3,000,000, as authorized by Section 384.25, of the Code of Iowa, for the purpose of providing funds to pay costs of carrying out essential corporate purpose projects as hereinafter described; and WHEREAS, before the Bonds may be issued, it is necessary to comply with the provisions of the 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 issuance of the Bonds 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 Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, at 6:30 o'clock P.M., on the 21st day of September, 2009, for the purpose of taking action on the matter of the issuance of not to exceed $3,000,000 General Obligation Bonds, Series 2009, for essential corporate purposes of the City, the proceeds of which Bonds will be used to provide funds to pay costs of the acquisition of sewer pipeline inspection equipment; the inspection and certification of the flood control levee system; the construction and installation of storm water 21 management facilities, including the Bee Branch Creek Restoration Project, and the reconstruction of storm sewers; the acquisition and replacement of street lights; the acquisition and installation of fiber optic conduit in connection with street improvements and watermain extensions; the repair and improvement of the Dubuque Regional Airport, including hanger heater and terminal boiler replacements, runway and hanger painting, hanger repairs and replacements and parking area paving; the acquisition and replacement of Fire Department ladder and pumper trucks and ambulances; and water utility improvements including the construction and installation of watermain extensions, ADA improvements, back-up power supply and water consumption studies and engineering. Section 2. To the extent any of the projects or activities described in this resolution may be reasonably construed to be included in more than one classification under Division III of the Code of Iowa, the Council hereby elects the "essential corporate purpose" classification and procedure with respect to each such project or activity, pursuant to Section 384.28 of the Code of Iowa. Section 3. That the Clerk is hereby directed to cause at least one publication to be made of a notice of the meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in the City. The publication to be not less than four clear days nor more than twenty days before the date of the public meeting on the issuance of the Bonds. Section 4. The notice of the proposed action to issue the Bonds shall be in substantially the [provided] form. th Passed and approved this 8 day of September, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk General Obligation Urban Renewal Bonds: City Manager recommending that a public hearing be set for September 21, 2009 to consider approval of the issuance of not to exceed $13,500,000 General Obligation Urban Renewal Bonds for costs associated with the construction of a multi- story public parking ramp located at 5th and Bluff Streets, and the construction of street, sewer, sidewalk, trail and other public infrastructure improvements within Dubuque Industrial Center West. Upon motion the documents were received and filed and Resolution No. 328-09 Fixing date for a meeting on the proposition of the issuance of not to exceed $13,500,000 General Obligation Urban Renewal Bonds, Series 2009 of the City 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 September 21, 2009 in the Historic Federal Building. RESOLUTION NO. 328-09 FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $13,500,000 GENERAL OBLIGATION URBAN RENEWAL BONDS, SERIES 2009, OF THE CITY OF DUBUQUE, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, the City of Dubuque, State of Iowa, is in need of funds to carry out the urban renewal projects as hereinafter described; and, it is deemed necessary that the City should issue General Obligation Urban Renewal Bonds, Series 2009, to the amount of not to exceed $13,500,000, as authorized by Sections 403.12 and 384.24(3)(q) of the Code of Iowa, for the purpose of providing funds to pay costs thereof; and WHEREAS, before said Bonds may be issued, it is necessary to comply with the procedural requirements of Chapter 384 of the Code of Iowa, and to publish a notice of the proposal to issue such Bonds and the right to petition for an election. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 22 Section 1. That this Council meet in the Historic Federal Building, 350 West 6th Street, st Dubuque, Iowa, at 6:30 o'clock P.M., on the 21 day of September, 2009, for the purpose of taking action on the matter of the issuance of not to exceed $13,500,000 General Obligation Urban Renewal Bonds, Series 2009, the proceeds of which Bonds will be used to provide funds to pay costs of aiding in the planning, undertaking and carrying out of urban renewal project activities under the authority of Chapter 403 of the Code of Iowa and the Amended and Restated Urban Renewal Plans for the Greater Downtown Urban Renewal District and the Dubuque Industrial Center West Economic Development District, including those costs associated with the construction of a multi-story public parking ramp located at 5th and Bluff Streets, and the construction of street, sewer, sidewalk, trail and other public infrastructure improvements within Dubuque Industrial Center West. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in the City. The publication to be not less than ten nor more than twenty days before the date of public meeting on the issuance of the Bonds. Section 3. The notice of the proposed action to issue said Bonds shall be in substantially the [provided] form. th Passed and approved this 8 day of September, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk General Obligation Refunding Bonds: City Manager recommending that a public hearing be set for September 21, 2009 to consider approval of the issuance of not to exceed $9,500,000 General Obligation Refunding Bonds to pay costs of refunding and refinancing of certain City indebtedness. Upon motion the documents were received and filed and Resolution No. 329-09 Fixing date for a meeting on the proposition of the issuance of not to exceed $9,500,000 General Obligation Refunding Bonds, Series 2009 (for an essential corporate purpose) of the City 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 September 21, 2009 in the Historic Federal Building. RESOLUTION NO. 329-09 FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $9,500,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2009, (FOR AN ESSENTIAL CORPORATE PURPOSE) OF THE CITY 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 Refunding Bonds, Series 2009, to the amount of not to exceed $9,500,000, as authorized by Section 384.25 of the 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 the Bonds may be issued, it is necessary to comply with the provisions of the 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 issuance of the Bonds 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 Historic Federal Building, 350 West 6th Street, st Dubuque, Iowa, at 6:30 o'clock P.M., on the 21 day of September, 2009, for the purpose of taking action on the matter of the issuance of not to exceed $9,500,000 General Obligation Refunding 23 Bonds, Series 2009, for an essential corporate purpose of the City, the proceeds of which Bonds will be used to provide funds to pay costs of refunding and refinancing of certain City indebtedness, including the General Obligation Bonds, Series 2001, dated December 15, 2001, and the General Obligation Bonds, Series 2002, dated December 15, 2001. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of the meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in the City. The publication to be not less than four clear days nor more than twenty days before the date of the public meeting on the issuance of the Bonds. Section 3. The notice of the proposed action to issue the Bonds shall be in substantially the [provided] form. th Passed and approved this 8 day of September, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Port of Dubuque Parking Ramp Concrete Crack Repair Project: City Manager recommending initiation of the bidding process for the Port of Dubuque Parking Ramp Concrete Crack Repair Project and further recommends that a public hearing be set for September 21, 2009. Upon motion the documents were received and filed and Resolution No. 330-09 Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost; and ordering the advertisement for bids for the Port of Dubuque Parking ramp Concrete Crack Repair Project was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on September 21, 2009 in the Historic Federal Building. RESOLUTION NO. 330-09 CITY OF DUBUQUE, IOWA PORT OF DUBUQUE PARKING RAMP CRACK REPAIR AND CONCRETE SEALING PROJECT PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATES 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 crack repair on the first level of the Port of Dubuque Parking Ramp and the concrete deck preparation and sealing of the entire ramp, in the estimated amount of $700,000.00, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. st A public hearing will be held on the 21 day of September, 2009 at 6:30 P.M. in the Historic Federal Building Council Chambers at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, and interested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. THE CITY OF DUBUQUE, IOWA PORT OF DUBUQUE PARKING RAMP CRACK REPAIR AND CONCRETE SEALING PROJECT is hereby ordered to be advertised for bids. 24 The amount of security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. The City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, by publishing the attached Notice to Bidders to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four but not more than forty-five days before the date for filing bids before 2:00 p.m. on the th 17 day of September, 2009. Bids shall be opened and read by the City Clerk at 2:00 p.m. and will st be submitted to the City Council for final action at the public hearing at 6:30 p.m. on the 21 day of th September, 2009, in the Historic Federal Building Council Chambers (Second Floor), 350 West 6 Street, Dubuque, Iowa. th Passed, adopted and approved this 8 day of September, 2009. Roy D. Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk Heeb Street Retaining Wall Reconstruction Project: City Manager recommending initiation of the bidding process for the Heeb Street Retaining Wall Reconstruction Project and further recommends that a public hearing be set for September 21, 2009. Upon motion the documents were received and filed and Resolution No. 331-09 Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost; and ordering the advertisement for bids for the Heeb Street Retaining Wall Reconstruction Project was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on September 21, 2009 in the Historic Federal Building. RESOLUTION NO. 331-09 HEEB STREET RETAINING WALL RECONSTRUCTION PROJECT PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the Heeb Street Retaining Wall Reconstruction Project, in the estimated amount $178,869.45, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. st A public hearing will be held on the 21 day of September, 2009, at 6:30 p.m. in the Historic Federal Building Council Chambers at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. The Heeb Street Retaining Wall Reconstruction Project is hereby ordered to be advertised for bids for construction. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. The City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, by publishing the attached Notice to Bidders to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less 25 than four but not more than forty-five days before the date for filing bids before 2:00 p.m. on the th 24 day of September, 2009. Bids shall be opened and read by the City Clerk at said time and will th be submitted to the City Council for final action at 6:30 p.m. on the 5 day of October, 2009, in the th Historic Federal Building Council Chambers (second floor), 350 West 6 Street, Dubuque, Iowa. th Passed, adopted and approved this 8 day of September, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk thth Traffic Signal Mastarm Retrofit – Central Avenue at 5 and 7 Streets Project: City Manager recommending initiation of the bidding process for the Traffic Signal Mastarm Retrofit – Central thth Avenue at 5 and 7 Streets Project and further recommends that a public hearing be set for September 21, 2009. Upon motion the documents were received and filed and Resolution No. 332- 09 Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost; and ordering the thth advertisement for bids for the Traffic Signal Mastarm Retrofit – Central Avenue at 5 and 7 Streets Project was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on September 21, 2009 in the Historic Federal Building. RESOLUTION NO. 332-09 TRAFFIC SIGNAL MASTARM RETROFIT PROJECT, THTH CENTRAL AVENUE AT 5 AND 7 STREETS PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the Traffic Signal thth Mastarm Retrofit Project, Central Avenue at 5 and 7 Streets, in the estimated amount $201,767.50, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. st A public hearing will be held on the 21 day of September, 2009, at 6:30 p.m. in the Historic Federal Building Council Chambers at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. thth The Traffic Signal Mastarm Retrofit Project, Central Avenue at 5 and 7 Streets is hereby ordered to be advertised for bids for construction. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. The City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, by publishing the attached Notice to Bidders to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four but not more than forty-five days before the date for filing bids before 2:00 p.m. on the th 24 day of September, 2009. Bids shall be opened and read by the City Clerk at said time and will 26 th be submitted to the City Council for final action at 6:30 p.m. on the 5 day of October, 2009, in the th Historic Federal Building Council Chambers (second floor), 350 West 6 Street, Dubuque, Iowa. th Passed, adopted and approved this 8 day of September, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Salt Dome Conveyor Project: City Manager recommending initiation of the bidding process for the Salt Dome Conveyor Project and further recommends that a public hearing be set for September 21, 2009. Upon motion the documents were received and filed and Resolution No. 333- 09 Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost; and ordering the advertisement for bids for the Salt Dome Conveyor Project was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on September 21, 2009 in the Historic Federal Building. RESOLUTION NO. 333-09 SALT DOME CONVEYOR PROJECT PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the Salt Dome Conveyor Project, in the estimated amount $160,000.00, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. st A public hearing will be held on the 21 day of September, 2009, at 6:30 p.m. in the Historic Federal Building Council Chambers at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. The Salt Dome Conveyor Project is hereby ordered to be advertised for bids for construction. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. The City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, by publishing the attached Notice to Bidders to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less th than four but not more than forty-five days before the date for filing bids before 2:00 p.m. on the 6 day of October, 2009. Bids shall be opened and read by the City Clerk at said time and will be th submitted to the City Council for final action at 6:30 p.m. on the 19 day of October, 2009, in the th Historic Federal Building Council Chambers (second floor), 350 West 6 Street, Dubuque, Iowa. Passed, adopted and approved this 8th day of September, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 27 BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Board/Commission: Environmental Stewardship Advisory Commission. One 3-year term through October 1, 2012 (Term of Gayle (Gross) Walter). Applicant: Gayle (Gross) Walter, 1650 Alicia Street. Appointments to the following Boards/Commissions: Airport Commission. Two 4-year terms through September 14, 2013 (Terms of Brotherton and Santillo). Applicants: Douglas Brotherton, 2823 Hickory Hill Street; and Michael Santillo, 2929 Kristen Court. Motion by Braig to appoint Douglas Brotherton and Michael Santillo to the Airport Commission for 4-year terms through September 14, 2013. Seconded by Connors. Motion carried 7-0. Housing Trust Fund Advisory Committee: One 3-year term through September 8, 2012 (At- Large term of Hingtgen). Requires experience in real estate, banking, finance, accounting, fund management or other related areas of expertise. Applicant: Doris Hingtgen, 309 Hill Street. Motion by Lynch to appoint Doris Hingtgen to the Housing Trust Fund Advisory Committee for a 3-year term through September 8, 2012. Seconded by Connors. Motion carried 7-0. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone present to address the City Council. Storm Water Utility Revenue Capital Loan Notes: Proof of publication on notice of public hearing to consider the issuance of not to exceed $1,000,000 Storm Water Utility Revenue Capital Loan Notes and City Manager recommending approval. Motion by Jones to receive and file the documents and adopt Resolution No. 334-09 Instituting proceedings to take additional action for the authorization of a Loan and Disbursement Agreement and the issuance of not to exceed $1,000,000 Storm Water Utility Revenue Capital Loan Notes. Seconded by Connors. Motion carried 7-0. RESOLUTION 334-09 INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN AND DISBURSEMENT AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $1,000,000 STORM WATER UTILITY 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 and the Iowa Finance Authority and the issuance to the Iowa Finance Authority of not to exceed $1,000,000 Storm Water Utility Revenue Capital Loan Notes to evidence the obligations of the City under said Loan and Disbursement Agreement, for the purpose of paying costs of acquisition, construction, reconstruction, extending, remodeling, improving, repairing and equipping all or part of the Storm Water Management Utility System, including those costs associated with the North Fork Catfish Creek Storm Sewer Improvements, 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 action for the authorization of a Loan and Disbursement Agreement by and between the City and the Iowa Finance Authority and the issuance to the Iowa Finance Authority in the manner required by law of 28 not to exceed $1,000,000 Storm Water Utility Revenue Capital Loan Notes for the foregoing purpose. Section 2. That the City Clerk, with the assistance of the City Attorney and bond counsel, is hereby authorized and directed to proceed with the preparation of such documents and proceedings as shall be necessary to authorize the City's participation in the SRF Loan Program, to select a suitable date for final Council authorization of the required Loan and Disbursement Agreement and issuance of the Notes 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. Section 3. That this Resolution be and does hereby serve as a declaration of official intent under Treasury Regulation 1.150-2, because the City reasonably expects to reimburse with the proceeds of the Notes, all or a portion of original expenditures incurred in connection with the above purposes. th Passed and approved this 8 day of September, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 2009 Sewer Cured-in-Place Pipe (CIPP) Lining Project: Proof of publication on notice of public hearing to consider the plans, specifications, form of contract and estimated cost for the 2009 Sewer Cured-in-Place Pipe (CIPP) Lining Project and City Manager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 335-09 Approving plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost for the 2009 Sewer Cured-in-Place Pipe (CIPP) Lining Project. Seconded by Voetberg. City Engineer Gus Psihoyos provided an explanation of the project. Motion carried 7-0. RESOLUTION NO. 335-09 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE 2009 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 2009 Sewer CIPP Lining Project, in the estimated amount $182,716.60, are hereby approved. th Passed, adopted and approved this 8 day of September, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Upon motion the rules were suspended limited discussion to the City Council. ACTION ITEMS Proudly Accessible Dubuque: Katrina Wilberding to present certificates to the City for the designation of City Hall, City Hall Annex and Historic Federal Building as Proudly Accessible Dubuque buildings. Motion by Connors to receive and file the documents. Seconded by Voetberg. Katrina Wilberding, 3715 Asbury Road, provided an overview of the history and goals of Proudly Accessible Dubuque and presented certificates for City Hall, City Hall Annex, and the Historic Federal Building for achieving the status of a Proudly Accessible business. Motion carried 7-0. 29 Request to Address the City Council: Request of Kathy Bitter, 1460 Miller Road, requesting to address the City Council regarding three issues. Motion by Lynch to receive and file. Seconded by Resnick. Ms. Bitter addressed the City Council regarding a water connection, street repair, and installation of a guard rail on Miller Road. Motion carried 7-0. Dubuque County Historical Society / National Mississippi River Museum and Aquarium: Request of Jerry Enzler, Executive Director, requesting on behalf of the Board of Directors of the Dubuque County Historical Society, to lease land along the north shore of the Ice Harbor between the existing National Mississippi River Museum and Aquarium and the Great River Center. Motion by Jones to receive and file and refer to the City Manager. Seconded by Connors. Mr. Enzler, 350 E. rd 3 Street, addressed the City Council and explained the request. Motion carried 7-0. Census 2010 Complete Count Committee: City Manager recommending approval of the formation of the Census 2010 Complete Count Committee, designation of the Mayor or appointment of a City Council Member as the Complete Count Committee Chair, and authorize staff to submit Census 2010 Partnership Agreement forms for both the City of Dubuque and the Complete Count Committee. Motion by Connors to receive and file the documents, adopt Affirming the City of Dubuque’s support of and partnership with the Resolution No. 336-09 2010 Census and appoint Mayor Buol as representative. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 336-09 AFFIRMING THE CITY OF DUBUQUE’S SUPPORT OF AND PARTNERSHIP WITH THE 2010 CENSUS. WHEREAS, the U.S. Census Bureau is required by the Constitution of the United States of America to conduct a count of the population and provides a historic opportunity the city of Dubuque for to help shape the foundation of our society and play an active role in American democracy; and WHEREAS, the City of Dubuque is committed to ensuring every resident is counted; and WHEREAS, more than $300 billion per year in federal and state funding is allocated to communities, and decisions are made on matters of national and local importance based on census data, including healthcare, community development, housing, education, transportation, social services, employment, and much more; and WHEREAS, census data determine how many seats each state will have in the U.S. House of Representatives as well as the redistricting of state legislatures, county and city councils, and voting districts; and WHEREAS, the 2010 Census creates hundreds of thousands of jobs across the nation; and WHEREAS, every Census Bureau worker takes a lifetime oath to protect confidentiality and ensure that data identifying respondents or their household not be released or shared for 72 years; and WHEREAS, a united voice from businesses, government, community-based and faith-based organizations, educators, media and others will allow the 2010 Census message to reach a broader audience, providing trusted advocates who can spark positive conversations about the 2010 Census; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1. The City of Dubuque and its Census 2010 Complete Count Committee supports the goals and ideals for the 2010 Census and will disseminate 2010 Census information to encourage participation. 30 Section 2. The City of Dubuque and its Census 2010 Complete Count Committee asks its affiliates and membership to partner together to achieve an accurate and complete count. Section 3. The City of Dubuque and its Census 2010 Complete Count Committee encourages people in the city of Dubuque to participate in events and initiatives that will raise overall awareness of the 2010 Census and increase participation among all populations. th Passed, approved and adopted this 8 day of September 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Sidewalk Ordinance: City Manager recommending approval of an amendment to the City of Dubuque Code of Ordinances, Title 10, Public Ways and Property, Chapter 10-1-2, Sidewalk Installation and Repair, to clarify the criteria for required sidewalk installation. Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Connors. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 44-09 Amending Title 10, Public Ways and Property, of the City of Dubuque Code of Ordinances by repealing Chapter 10-1- 2, Sidewalk Installation and Repair, and adopting a new Chapter 10-1-2. Seconded by Connors. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 44-09 AMENDING TITLE 10, PUBLIC WAYS AND PROPERTY, OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY REPEALING CHAPTER 10-1-2, SIDEWALK INSTALLATION AND REPAIR, AND ADOPTING A NEW CHAPTER 10-1-2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Title 10, Public Ways and Property, Chapter 10-1-2, Sidewalk Installation and Repair of the Code of Ordinances, City of Dubuque, is repealed and a new Chapter 10-1-2 is adopted as follows: Chapter 10-1-2. Sidewalk Installation and Repair: A. Installation: 1. The owner of any lot or parcel in the city, that abuts upon any improved public street that has concrete or stone curb shall, at the owner’s cost, install to standard city specifications sidewalk along the full length of the portion of the lot or parcel abutting the public street when said lot or parcel is developed or redeveloped or at the direction of City Council. For purposes of this paragraph, development or redevelopment means any improvement that creates a new parking lot, new principal structure, garage, carport, covered deck, or covered patio on the lot or parcel or changes the footprint of the parking lot, principal structure, garage, carport, covered deck, or covered patio on the lot or parcel. 2. Upon application and for good cause shown, the City Manager may grant a full or partial exception to the above requirement. This ordinance shall take effect upon publication. th Passed, approved, and adopted this 8 day of September, 2009. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk 31 th Published officially in the Telegraph Herald Newspaper the 12 day of September, 2009. /s/Jeanne F. Schneider, CMC, City Clerk Smoke Detection Ordinance: City Manager recommending approval of an ordinance provision related to smoke detection which was inadvertently left out of the most recent Code of Ordinance update from Sterling Codifiers. 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 Voetberg. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 45-09 Amending the City of Dubuque Code of Ordinances Section 6-9-6 Smoke Detection by adding a new provision which requires smoke detectors be installed during substantial reconstruction or remodeling of a building which has both commercial and residential uses. Seconded by Voetberg. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 45-09 AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES SECTION 6-9-6 SMOKE DETECTION BY ADDING A NEW PROVISION WHICH REQUIRES SMOKE DETECTORS BE INSTALLED DURING SUBSTANTIAL RECONSTRUCTION OR REMODELING OF A BUILDING WHICH HAS BOTH COMMERCIAL AND RESIDENTIAL USES NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 6-9-6 of the City of Dubuque Code of Ordinances is amended to read as follows: 6-9-6. Smoke Detection. The owner of a building or structure that has a commercial use and which also contains one (1) or more dwelling units, a congregate residence, or a sleeping room, and which is not otherwise required by this Code of Ordinances to install smoke detectors in such building or structure shall during any substantial reconstruction or remodeling of such building or structure install multi-station smoke detectors on each level of the building or structure in each public or common area and in the basement at locations approved by the Fire Marshal. All such smoke detectors shall be interconnected to ensure simultaneous notification of all building occupants. The smoke detectors shall receive their primary power from the building wiring with secondary battery power. The wiring shall be permanent and without a disconnecting switch other than a switch required for over-current protection. The smoke detectors shall be installed according to the manufacturer’s instructions. Section 2. This Ordinance shall take effect upon publication. th Passed, approved and adopted the 8 day of September, 2009. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 12 day of September, 2009. /s/Jeanne F. Schneider, CMC, City Clerk Eagle Point Water Plant Vacuum Filter Project: City Manager recommending award of the public improvement contract for the Eagle Point Water Plant Vacuum Filter Project to Morse Electric, Inc., in the amount of $64,410.00. Motion by Lynch to receive and file the documents and adopt Resolution No. 337-09 Awarding contract for the Eagle Point Water Plant Vacuum Filter Project. Seconded by Jones. Motion carried 7-0. 32 RESOLUTION NO. 337-09 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE EAGLE POINT WATER PLANT’S VACUUM FILTER BUILDING BACK-UP POWER SUPPLY PROJECT Whereas, sealed proposals have been submitted by contractors for the Eagle Point Water Plant’s Vacuum Filter Building Back-up Power Supply Project (the Project) pursuant to Resolution No. 272-09 and Notice to Bidders published in a newspaper published in the City of Dubuque, th Iowa on the 7 day of August, 2009. th Whereas, said sealed proposals were opened and read on the 19 of August, 2009 and it has been determined that Morse Electric, Inc. of Dubuque, Iowa with a bid amount of $64,410 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 Morse Electric, Inc. of Dubuque, Iowa, 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 8th day of September, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Miller Road Water Main Extension Project: City Manager recommending award of the public improvement contract for the Miller Road Water Main Extension Project to McClain Excavating in the amount of $109,505.50. Motion by Lynch to receive and file the documents and adopt Resolution No. 338-09 Awarding contract for the Miller Road Water Main Extension Project. Seconded by Resnick. Motion carried 7-0. RESOLUTION NO. 338-09 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE MILLER ROAD WATER MAIN EXTENSION PROJECT CIP 740 1399 Whereas, sealed proposals have been submitted by contractors for the Miller Road Water Main Extension Project (the project) pursuant to Resolution No.296-09 and Notice to Bidders published th in a newspaper published in the City of Dubuque, Iowa on the 7 day of August, 2009. th Whereas, said sealed proposals were opened and read on the 19 of August, 2009 and it has been determined that McClain Excavating Company of Peosta, Iowa with a bid amount of $109,505.50, 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 Excavating Company, 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 8th day of September, 2009. Roy D Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Highway 151 / 61 South Water Main Extension Project: City Manager recommending award of the public improvement contract for the Highway 151 / 61 South Water Main Extension Project to McClain Excavating in the amount of $115,908.45. Motion by Connors to receive and file the documents and adopt Resolution No. 339-09 Awarding contract for the Highway 151 / 61 South Water Main Extension Project. Seconded by Voetberg. Motion carried 7-0. 33 RESOLUTION NO. 339-09 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE HIGHWAY 61 /151 SOUTH WATER MAIN EXTENSION PROJECT CIP 740 1399 Whereas, sealed proposals have been submitted by contractors for the Highway 61 / 151 South Water Main Extension Project (the Project) pursuant to Resolution No. 274-09 and Notice to th Bidders published in a newspaper published in the City of Dubuque, Iowa on the 7 day of August, 2009. th Whereas, said sealed proposals were opened and read on the 19 of August, 2009 and it has been determined that McClain Excavating Company of Peosta, Iowa with a bid amount of $115,908.45, 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 McClain Excavating Company, 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 8th day of September, 2009. Roy D Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk COUNCIL MEMBER REPORTS City Council Member Connors discussed the recent violence which occurred in the Washington Street Neighborhood and the need to quickly address the problem and seek solutions. Consensus was reached in directing the City Manager and City Staff to put together criteria for the formation of a task force similar to the “Gangs, Drugs and Youth Violence” task force from several years ago. It was further directed that the task force should include City staff, community leaders and neighborhood representatives. CLOSED SESSION Motion by Jones at 7:37 p.m. to go into closed session regarding pending Litigation and Property Acquisition pursuant to Chapter 21.5(1)(c)(j) of the Code of Iowa. Seconded by Voetberg. Motion carried 7-0. Upon motion the City Council reconvened in open session at 8:32 p.m. stating that staff had been given proper direction. There being no further business, upon motion the City Council adjourned at 8:33 p.m. /s/Jeanne F Schneider, CMC City Clerk 34