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7 6 10 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 July 6, 2010 in the Historic Federal Building. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, City Man- ager Van Milligen, City Attorney Lindahl Absent: Council Member Voetberg 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 Paul Bishop of Hope Church CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Connors. Braig requested (#9) Highway 151 & 61 Development – Set- ting Fair Market Value – 0.0396 Acres be held for separate discussion. Motion carried 6-0. Minutes and Reports Submitted: City Council of 6/21 and 6/22; Civil Service Commission of 5/14; Environmental Stewardship Advisory Commission of 5/4; Library Board of Trustees of 2/25 and 4/1; Transit Board of Trustees of 6/10 Proof of publication of City Council Proceedings of June 7, 2010 Upon motion the documents were received and filed. Notice of Claims/Suits: Mary C. LeGrand for vehicle damage. Upon motion the documents were received, filed and referred to the City Attorney. City Attorney advising that the following claims have been referred to Public Entity Risk Ser- vices of Iowa, the agent for the Iowa Communities Assurance Pool: Austin Karl Millius for ve- hicle damage; Mary C. LeGrand for vehicle damage. Upon motion the documents were re- ceived, filed and concurred. Citizen Communication: Communication from Glen P. Nodolf, 398 Main Street, regarding a clean energy proposition. Upon motion the documents were received and filed. Civil Service Commission: Civil Service Commission submitting the certified lists for the po- sitions of Water Pollution Control Plant Operator, Water Meter Repairworker and Custodian I. Upon motion the documents were received, filed and made a Matter of Record. June 24, 2010 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, a written examination for the position of Water Pollution Control Plant Operator was conducted on May 26, 2010. We hereby certify that the individuals listed below have passed this examination and vacancies for this position should be made from this list and that this list is good for two (2) years from above date. WATER POLLUTION CONTROL PLANT OPERATOR Jeffrey Clayton Brian Neimann Cary Kress Jesse Moriarity Lucas Gonyier Eric Olson Dave Hanson Jess Hassman Greg Schuckert Paul Pettinger Jon Herrig Tim Manders Shane Plowman Manda Mattoon Steven Horch Timothy Neville Daniel Heins Scott Nauman Ken Rigdon Frederick Timmermans James Taylor Jerry Powers Charles Wehrspann Jason DeMaio James Finn Michael Frommelt Bob Stonskas Charles Hazelwood Ricky Fishnick Brian Heim Respectfully submitted, Daniel White, Chairperson Betty Takes James Schilling Civil Service Commission June 24, 2010 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, a written examination for the position of Water Meter Repairworker was conducted on June 2, 2010. We hereby certify that the indi- viduals listed below have passed this examination and vacancies for this position should be made from this list and that this list is good for two (2) years from above date. WATER METER REPAIRWORKER Dave Hanson Cary Kress Jeffrey Clayton Carl Plumley Marty Schuster Charles Wehrspann Mark Culbertson James Hefel Tim Manders Jeffrey Willenborg Duane Ernster Daniel Heins Paul Pettinger Patrick Donovan Brian Niemann Ken Rigdon Richard Brimeyer Nick Rupp Lawrence Ryan Thomas Rinzger James Vize Patricia Rogaskie Joshua Blasen James Finn Douglas Juergens Jon Herrig Gerald Miller Ryan Weber Brian Kelly Jon McEvoy Michael Frommelt Tanner Metz Bob Stonskas Jerry Powers Chris Reinert Respectfully submitted, Daniel White, Chairperson Betty Takes James Schilling Civil Service Commission 2 June 24, 2010 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, a written examination for the position of Custodian I was conducted on June 9, 2010. We hereby certify that the individuals listed below have passed this examination and vacancies for this position should be made from this list and that this list is good for two (2) years from above date. CUSTODIAN I Mark Neyens Roger Becker Kathleen Potter Jon Thill Dawn Pollock Respectfully submitted, Daniel White, Chairperson Betty Takes James Schilling Civil Service Commission Fiscal Year 2010 Annual Action Plan – Amendment #3: City Manager recommending ap- proval of the third amendment to the Fiscal Year 2010 Annual Action Plan to transfer additional Community Development Block Grant funds to the Green Alley Pilot Project. Upon motion the documents were received and filed and Resolution No. 219-10 Approving a Fiscal Year 2010 (Program Year 2009) Annual Action Plan – Amendment #3 for Community Development Block Grant Recovery (CDBG-R) funds was adopted. RESOLUTION NO. 219-10 APPROVING THE FISCAL YEAR 2010 (PROGRAM YEAR 2009) ANNUAL ACTION PLAN- AMENDMENT 3 FOR COMMUNITY DEVELOPMENT BLOCK GRANT RECOVERY (CDBG- R) FUNDS. Whereas, the City of Dubuque prepared and filed a Fiscal Year 2010 Annual Action Plan; and Whereas, the City of Dubuque now desires to amend said Annual Plan to move Community Development Block Grant Recovery funds from administration to the Green Alley Pilot Project as per the attached Exhibit A; and Whereas, said amendment is a non-substantial amendment as provided in the City's Citizen Participation Plan and therefore can be adopted by resolution of the City Council after review and recommendation by the Community Development Advisory Commission; and Whereas, the Community Development Advisory Commission reviewed the proposed amendment on June 16, 2010 and has voted to approve said amendment and to recommend approval by the City Council. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That said Fiscal Year 2010 (Program Year 2009) Annual Action Plan-Amendment 3 attached hereto as Exhibit A is hereby approved. Section 2. That the City Manager is hereby authorized and directed to submit a copy of this resolution and Plan to the U.S. Department of Housing and Urban Development. 3 th Passed, approved and adopted this 6 day of July, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Fiscal Year 2011 Annual Action Plan – Amendment #1: City Manager recommending ap- proval of an amendment to the Fiscal Year 2011 Annual Action Plan for the Community Devel- opment Block Grant (CDBG) program to reflect the increase in the CDBG entitlement alloca- tion. Upon motion the documents were received and filed and Resolution No. 220-10 Approv- ing a Fiscal Year 2011 (Program Year 2010) Annual Action Plan – Amendment #1 for Com- munity Development Block Grant (CDBG) funds was adopted. RESOLUTION NO. 220-10 APPROVING THE FISCAL YEAR 2011 (PROGRAM YEAR 2010) ANNUAL ACTION PLAN- AMENDMENT 1 FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG). Whereas, the City of Dubuque approved a Fiscal Year 2011 Annual Action Plan on March 9, 2010 by Resolution No. 72-2010; and Whereas, the City now desires to amend said Fiscal Year 2011 Annual Plan to reflect the increased Fiscal Year 2011 CDBG allocation as per the attached Exhibit A; and Whereas, the City of Dubuque now proposes to amend the Neighborhood Infrastructure pro- gram to adjust the sidewalk assistance eligibility requirements as per the attached Exhibit B; and Whereas, said amendment is a substantial amendment as provided in the City's Citizen Par- ticipation Plan and therefore must be approved by resolution of the City Council after a public hearing by the Community Development Advisory Commission; and Whereas, the City advertised a 30 day public comment period beginning May 13, 2010; and Whereas, the Community Development Advisory Commission reviewed the proposed amendment at a public hearing on June 16, 2010 and has voted to approve said amendment and to recommend approval by the City Council. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the Fiscal Year 2011 Annual Action Plan (Program Year 2010) Amendment 1 for the Community Development Block Grant (CDBG) program hereto attached as Exhibits A and B is hereby approved. Section 2. That the City Manager is hereby authorized and directed to submit a copy of this resolution and Plan to the U.S. Department of Housing and Urban Development. th Passed, approved and adopted this 6 day of July, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Chavenelle Drive – 2010 PCC Concrete Pavement Repair Project: City Manager recom- mending that the award for the Chavenelle Drive – 2010 PCC Concrete Pavement Repair Project be officially recorded in the minutes of the City Council. Upon motion the documents were received and filed. Third Street Overpass Bridge Approach Repair Project: City Manager recommending that the award for the Third Street Overpass Bridge Approach Repair Project be officially recorded in the minutes of the City Council. Upon motion the documents were received and filed. 4 Highway 151 & 61 Development – Setting Fair Market Value – 0.0396 Acres: City Manager recommending approval of the fair market value of a 0.0396 acre parcel of property owned by Highway 151 & 61 Development for the Bee Branch Creek Restoration Project. Motion by Jones to receive and file the documents and adopt Resolution No. 221-10 Establishing the fair market value of certain real property owned by Highway 151 & 61 Development. Seconded by Connors. Motion carried 6-0. RESOLUTION NO. 221-10 ESTABLISHING THE FAIR MARKET VALUE OF CERTAIN REAL PROPERTY OWNED BY HWY 151 & 61 DEVELOPMENT, LLC, IN THE CITY OF DUBUQUE, IOWA Whereas, the City of Dubuque (City) intends to acquire certain real property owned by Hwy 151 & 61 Development, LLC (Owner), legally described as follows (the Property): Lot C of Ri- verview Plaza, in the City of Dubuque, Dubuque County, Iowa, as shown on Exhibit A attached hereto for the purpose of the stormwater conveyance associated with the restoration of the Bee Branch Creek; and Whereas, Iowa law requires that City must make a good faith effort to negotiate with the Owner to purchase the Property before proceeding with condemnation; and Whereas, City has caused an appraisal of the property to be made and the appraised value of the property is $20,000.00; and Whereas, the City Council now desires to establish the fair market value of the property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: 1. The fair market value of the Property is hereby established to be $20,000.00. 2. The City Manager is hereby authorized to commence negotiations with the Owner of the Property and any other interested parties for the purchase of the Property for a purchase price which is not less than the fair market value established by this resolution. th Passed, approved and adopted this 6 day of July, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Highway 151 & 61 Development – Setting Fair Market Value – 0.802 Acres: City Manager recommending approval of the fair market value of a 0.802 acre parcel of property owned by Highway 151 & 61 Development for the Bee Branch Creek Restoration Project. Upon motion the documents were received and filed and Resolution No. 222-10 Establishing the fair market value of certain real property owned by Highway 151 & 61 Development was adopted. RESOLUTION NO. 222-10 ESTABLISHING THE FAIR MARKET VALUE OF CERTAIN REAL PROPERTY OWNED BY HWY 151 & 61 DEVELOPMENT, LLC, IN THE CITY OF DUBUQUE, IOWA Whereas, the City of Dubuque (City) intends to acquire certain real property owned by Hwy 151 & 61 Development, LLC (Owner), legally described as follows (the Property): Lot B of Ri- verview Plaza, in the City of Dubuque, Dubuque County, Iowa, as shown on Exhibit A attached hereto for the purpose of the stormwater conveyance associated with the restoration of the Bee Branch Creek; and Whereas, Iowa law requires that City must make a good faith effort to negotiate with the Owner to purchase the Property before proceeding with condemnation; and Whereas, City has caused an appraisal of the property to be made and the appraised value of the property is $375,000.00; and Whereas, the City Council now desires to establish the fair market value of the property. 5 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: 1. The fair market value of the Property is hereby established to be $375,000.00. 2. The City Manager is hereby authorized to commence negotiations with the Owner of the Property and any other interested parties for the purchase of the Property for a purchase price which is not less than the fair market value established by this resolution. th Passed, approved and adopted this 6 day of July, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Highway 151 & 61 Development – Setting Fair Market Value – 0.281 Acres: City Manager recommending approval of the fair market value of a 0.281 acre parcel of property owned by Highway 151 & 61 Development for the Bee Branch Creek Restoration Project. Upon motion the documents were received and filed and Resolution No. 223-10 Establishing the fair market value of certain real property owned by Highway 151 & 61 Development was adopted. RESOLUTION NO. 223-10 ESTABLISHING THE FAIR MARKET VALUE OF CERTAIN REAL PROPERTY OWNED BY HWY 151 & 61 DEVELOPMENT, LLC, IN THE CITY OF DUBUQUE, IOWA Whereas, the City of Dubuque (City) intends to acquire certain real property owned by Hwy 151 & 61 Development, LLC (Owner), legally described as follows (the Property): N 1/2 LOT 316 EAST DUBUQUE ADD; S 1/2 LOT 316 EAST DUBUQUE ADD; W 1/2 LOT 355 EAST DUBUQUE ADD; E 1/2 LOT 355 EAST DUBUQUE ADD; LOT 2 OF 354 EAST DUBUQUE ADD, all in the City of Dubuque, Dubuque County, Iowa, as shown on Exhibit A attached here- to for the purpose of the stormwater conveyance associated with the restoration of the Bee Branch Creek; and Whereas, Iowa law requires that City must make a good faith effort to negotiate with the Owner to purchase the Property before proceeding with condemnation; and Whereas, City has caused an appraisal of the property to be made and the appraised value of the property is $137,500.00; and Whereas, the City Council now desires to establish the fair market value of the property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: 1. The fair market value of the Property is hereby established to be $137,500.00. 2. The City Manager is hereby authorized to commence negotiations with the Owner of the Property and any other interested parties for the purchase of the Property for a purchase price which is not less than the fair market value established by this resolution. th Passed, approved and adopted this 6 day of July, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Highway 151 & 61 Development – Setting Fair Market Value – 3.3 Acres: City Manager re- commending approval of the fair market value of 3.3 acres of property owned by Highway 151 & 61 Development for the Bee Branch Creek Restoration Project. Upon motion the documents were received and filed and Resolution No. 224-10 Establishing the fair market value of certain real property owned by Highway 151 & 61 Development was adopted. 6 RESOLUTION NO. 224-10 ESTABLISHING THE FAIR MARKET VALUE OF CERTAIN REAL PROPERTY OWNED BY HWY 151 & 61 DEVELOPMENT, LLC, IN THE CITY OF DUBUQUE, IOWA Whereas, the City of Dubuque (City) intends to acquire certain real property owned by Hwy 151 & 61 Development, LLC (Owner), legally described as follows (the Property): Lot A of Ri- verview Plaza, in the City of Dubuque, Dubuque County, Iowa, as shown on Exhibit A attached hereto for the purpose of the stormwater conveyance associated with the restoration of the Bee Branch Creek; and Whereas, Iowa law requires that City must make a good faith effort to negotiate with the Owner to purchase the Property before proceeding with condemnation; and Whereas, City has caused an appraisal of the property to be made and the appraised value of the property is $1,400,000.00; and Whereas, the City Council now desires to establish the fair market value of the property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: 1. The fair market value of the Property is hereby established to be $1,400,000.00. 2. The City Manager is hereby authorized to commence negotiations with the Owner of the Property and any other interested parties for the purchase of the Property for a purchase price which is not less than the fair market value established by this resolution. th Passed, approved and adopted this 6 day of July, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk City Manager Employment Agreement: Submittal of the Twentieth Amendment to the City Manager’s Employment Agreement for approval. Upon motion the documents were received, filed, and approved. Workers’ Compensation Claim: City Manager recommending approval of the settlement of the workers’ compensation claim of John Splinter. Upon motion the document was received, filed, and approved. Iowa State Energy Program Grant: City Manager recommending approval of a $69,831 grant application to the Iowa Office of Energy Independence to cover a portion of the im- th provements to the 18 and Central Avenue building. Upon motion the documents were re- ceived, filed, and approved. Liquor License Refund: Request of Ann Cunningham for a refund of Beer and Liquor Li- cense No. LC0036524 in the amount of $422.50. Upon motion the documents were received, filed and the refund approved. Business Licenses: City Manager recommending approval of annual liquor license renewals as submitted. Upon motion the documents were received and filed and Resolution No. 225-10 Granting the issuance of eight renewal applications to sell cigarettes and cigarette papers with- in the City; Resolution No. 226-10 Granting the issuance of a Class “C” Beer Permit to K-Chap Foods; and Resolution No. 227-10 Granting the issuance of a Class “C” Beer/Liquor License (5-Day Special Event) to Diamond Jo, LLC; a Special Class “C” (BW) Liquor License to Bell Tower Productions; and a Special Class “C” (BW) Liquor License (5-Day Special Event) to the Dubuque Jaycees were adopted. 7 RESOLUTION NO. 225-10 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: That the following having complied with the provisions of law relating to the sale of Ciga- rettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. 8 RENEWALS Awn Stop Mart, Inc. Awn Stop Mart, Inc. 1998 Jackson Street Awn Stop Mart # 3 Awn Stop Mart, Inc. 408 W. Locust Street Cedar Cross Amoco L B Metcalf, Inc. 1200 Cedar Cross Road Diamond Jo Casino Diamond Jo, LLC 301 Bell Street Dubuque Quick Stop Mart Bashra Waseem 1401 Central Avenue Gas & Go 3270 Dodge St, Inc. 3270 Dodge Street Gas & Co 4110 Dodge St, Inc. 4110 Dodge Street Instant Replay Pamela Arensdorf 1602 Central Avenue K-Chap Foods Kristina L. Chapman 1050 University Avenue Lucky 13 David H. Erickson 385 E. 13 th Street th Passed, approved and adopted this 6 day of July, 2010 Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 226-10 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 DU- BUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS “C” BEER PERMIT K-Chap Foods, Inc. K-Chap Foods +(Sunday Sale) 1050 University Avenue th Passed, approved and adopted this 6 day of July, 2010 Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 227-10 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 DU- BUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS “C” BEER/LIQUOR LICENSE (5-DAY SPECIAL EVENT) Diamond Jo, LLC Diamond Jo Casino Parking Lot 301 Bell Street 8 SPECIAL CLASS “C” (BW) LIQUOR LICENSE Bell Tower Productions Bell Tower Productions +(Sunday Sale) 2728 Asbury Road SPECIAL CLASS “C” (BW) LIQUOR LICENSE (5-DAY SPECIAL EVENT) Dubuque Jaycees Dubuque Jaycees Town Clock Plaza th Passed, approved and adopted this 6 day of July, 2010 Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk ITEMS TO BE SET FOR PUBLIC HEARING Motion by Connors to receive and file the documents, adopt the resolutions, set the public hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Jones. Motion carried 6-0. Fiscal Year 2011 Budget Amendment: City Manager recommending that a public hearing be set for July 19, 2010 to consider the first amendment to the Fiscal Year 2011 budget. Upon motion the documents were received and filed and Resolution No. 228-10 Setting the date for the public hearing on Amendment No. 1 to the Fiscal Year 2011 budget for the City of Dubu- que was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on July 19, 2010 in the Historic Federal Building. RESOLUTION NO. 228-10 SETTING THE DATE FOR THE PUBLIC HEARING ON AMENDMENT NO. 1 TO THE FISCAL YEAR 2011 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 DU- BUQUE, IOWA: Section 1. That the City Council shall conduct a public hearing on proposed Amendment No. 1 to the Fiscal Year 2011 budget for the City of Dubuque at the City Council Chambers at 6th the Historic Federal Building, 350 West Street, Dubuque, Iowa, on Monday, July 19, 2010, 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. th Passed, approved and adopted this 6 day of July 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Water Revenue Bonds: City Manager recommending that a public hearing be set for July 19, 2010 to consider the issuance of not to exceed $5,700,000 Water Revenue Bonds for wa- ter main replacements and other water system improvements. Upon motion the documents were received and filed and Resolution No. 229-10 Fixing date for a meeting on the proposition of the issuance of not to exceed $5,700,000 Water Revenue Bonds 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 July 19, 2010 in the Historic Federal Building. 9 RESOLUTION NO. 229-10 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE IS- SUANCE OF NOT TO EXCEED $5,700,000 WATER REVENUE BONDS, OF THE CITY OF DUBUQUE, IOWA AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF Whereas, the City of Dubuque, Iowa, is in need of funds to carry out the purpose hereinafter described; and, it is deemed necessary and advisable that the City should issue Water Reve- nue Bonds, to the amount of not to exceed $5,700,000, as authorized by Sections 384.82 and 384.83, of the City Code of Iowa, for the purpose of providing funds to pay costs thereof; 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 it is proposed 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 DU- BUQUE, IOWA: 6th Section 1. That this governing body meet in the Historic Federal Building, 350 West th Street, Dubuque, Iowa, at 6:30 o'clock PM, on the 19 day of July, 2010, for the purpose of taking action on the matter of the issuance of not to exceed $5,700,000 Water Revenue Bonds, of the City, the proceeds of which Bonds will be used to provide funds to pay costs of constructing and equipping improvements and extensions to the Municipal Water System. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of such meeting, in a legal newspaper, printed wholly in the English language, pub- lished at least once weekly, and having general circulation in the City, such 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 6 day of July, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk General Obligation Urban Renewal Bonds: City Manager recommending that a public hear- ing be set for July 19, 2010 to consider the issuance of not to exceed $3,000,000 in General Obligation Urban Renewal Bonds for downtown improvements. Upon motion the documents were received and filed and Resolution No. 230-10 Fixing date for a meeting on the proposition of the issuance of not to exceed $3,000,000 General Obligation Urban Renewal Bonds (for Ur- ban Renewal 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 July 19, 2010 in the Historic Federal Building. RESOLUTION NO. 230-10 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE IS- SUANCE OF NOT TO EXCEED $3,000,000 GENERAL OBLIGATION URBAN RENEWAL BONDS (FOR URBAN RENEWAL 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 is- sue General Obligation Urban Renewal Bonds, to the amount of not to exceed $3,000,000, as authorized by Sections 403.12 and 384.24(3(q), of the City Code of Iowa, for the purpose of 10 providing funds to pay costs of carrying out the urban renewal projects as hereinafter de- scribed; 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, and the right to petition for an election. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: th Section 1. That this Council meet in the Historic Federal Building, 350 West 6 Street, Du- th buque, Iowa, at 6:30 o'clock P.M., on the 19 day of July, 2010 for the purpose of taking action on the matter of the issuance of not to exceed $3,000,000 General Obligation Urban Renewal Bonds, for urban renewal purposes of the City, 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 re- newal project activities under the authority of Chapter 403 of the Code of Iowa and the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal Area, including those costs associated with construction of parking improvements and landscape projects within the Greater Downtown Urban Renewal Area. 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, pub- lished at least once weekly, and having general circulation in the City, the publication to be not less than ten clear 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. 6th Passed and approved this day of July, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk General Obligation Bonds and Refunding General Obligation Bonds: City Manager recom- mending that a public hearing be set for July 19, 2010 to consider the issuance of not to ex- ceed $4,575,000 General Obligation Bonds for various City projects and refunding Series 2002B General Obligation Bonds. Upon motion the documents were received and filed and Resolution No. 231-10 Fixing date for a meeting on the proposition of the issuance of not to exceed $4,575,000 General Obligation Bonds (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 July 19, 2010 in the Historic Federal Build- ing. RESOLUTION NO. 231-10 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE IS- SUANCE OF NOT TO EXCEED $4,575,000 GENERAL OBLIGATION BONDS (FOR ES- SENTIAL CORPORATE PURPOSES) OF THE CITY OF DUBUQUE, IOWA, AND PROVID- ING FOR PUBLICATION OF NOTICE THEREOF Whereas, it is deemed necessary and advisable that the City of Dubuque, Iowa, should is- sue General Obligation Bonds to the amount of not to exceed $4,575,000, as authorized by Section 384.25, of the City Code of Iowa, for the purpose of providing funds to pay costs of carrying out 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 11 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 DU- BUQUE, IOWA: 6th Section 1. That this Council meet in the Historic Federal Building, 350 West Street, Du- th buque, Iowa, at 6:30 o'clock P.M., on the 19 day of July, 2010, for the purpose of taking ac- tion on the matter of the issuance of not to exceed $4,575,000 General Obligation Bonds, for essential corporate purposes of the City, the proceeds of which Bonds will be used to provide funds to pay costs of improvements and extensions to the municipal sanitary sewer and storm water drainage systems; equipping the sanitation and road departments; improving the City airport grounds and facilities; the acquisition of land and other costs associated with the Bee Branch storm water project; rehabilitation and improvement of City parks; construction, recon- struction and repair of sidewalks; improvement and installation of street lighting fixtures, con- nections and facilities; street improvements, including installation of fiber optic conduit; and re- funding and refinancing of certain outstanding indebtedness of the City, including the General Obligation Bonds, Series 2002B, dated June 1, 2002. 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 City 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 City 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, pub- lished 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 6 day of July, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Catfish Creek Generator Installation Project: City Manager recommending initiation of the public bidding process for the Catfish Creek Generator Installation Project and that a public hearing be set for July 19, 2010 to consider approval of the plans and specifications, form of contract and estimated cost. Upon motion the documents were received and filed and Resolu- tion No. 232-10 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing and ordering bids for the Catfish Creek Generator Installa- tion Project was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on July 19, 2010 in the Historic Federal Building. RESOLUTION NO. 232-10 CATFISH CREEK PUMPING STATION GENERATOR PROJECT PRELIMINARY APPROV- AL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SET- TING 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 DU- BUQUE, IOWA: 12 The proposed plans, specifications, form of contract and estimated cost for the City of Du- buque Catfish Creek Pumping Station Generator Project in the estimated amount of $120,000 are hereby preliminarily approved and ordered filed in the office of the City Clerk for public in- spection. th A public hearing will be held on the 19 day of July, 2010 at 6:30 p.m. in the Historic Feder- al 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 twen- ty 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 City of Dubuque Catfish Creek Pumping Station Project is hereby ordered to be adver- tised for bids for construction. The amount of the security to accompany each bid shall be in an amount which shall con- form 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 improve- ments herein provided, by publishing the attached Notice to Bidders to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be pub- lished not less than four but not more than forty-five days before the date for filing bids before th 2:00 p.m. on the 6 day of August, 2010. Bids shall be opened and read by the City Clerk at th said time and will be submitted to the City Council for final action at 6:30 p.m. on the 16 day th of August, 2010 in the Historic Federal Building Council Chambers (second floor), 350 West 6 Street, Dubuque, Iowa. th Passed, adopted and approved the 6 day of July, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk stnd Central Avenue Water Main (21 to 32 Streets) Project: City Manager recommending initi- stnd ation of the public bidding process for the Central Avenue Water Main (21 to 32 Streets) Project and that a public hearing be set for July 19, 2010 to consider approval of the plans and specifications, form of contract and estimated cost. Upon motion the documents were received and filed and Resolution No. 233-10 Preliminary approval of plans, specifications, form of con- tract, and estimated cost, setting date of public hearing and ordering bids for the Central Ave- stnd nue Water Main (21 to 32 Streets) Project; Resolution No. 234-10 Approving the plat, sche- dule of assessments and estimate of total cost and setting date of public hearing on Resolution of Necessity; and Resolution No. 235-10 Resolution of Necessity for the Central Avenue Water stnd Main (21 to 32 Street) Project were adopted setting a public hearing for a meeting to com- mence at 6:30 p.m. on July 19, 2010 in the Historic Federal Building. RESOLUTION NO. 233-10 STND CENTRAL AVENUE WATER MAIN (21 – 32 STREET) PROJECT PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICA- TIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTI- SEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: 13 The proposed plans, specifications, form of contract and estimated cost for the Central Ave- stnd nue Water Main (21 – 32 Street) Project, in the estimated amount $717,771.29, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. th A public hearing will be held on the 19 day of July, 2010 at 6:30 p.m. in the Historic Feder- al 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 twen- ty 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. stnd The Central Avenue Water Main (21 – 32 Street) Project is hereby ordered to be adver- tised for bids for construction. The amount of the security to accompany each bid shall be in an amount which shall con- form 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 improve- ments herein provided, by publishing the attached Notice to Bidders to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be pub- lished not less than four but not more than forty-five days before the date for filing bids before nd 2:00 p.m. on the 22 day of July, 2010. Bids shall be opened and read by the City Clerk at nd said time and will be submitted to the City Council for final action at 6:30 p.m. on the 2 day of th August, 2010, in the Historic Federal Building Council Chambers (second floor), 350 West 6 Street, Dubuque, Iowa. th Passed, adopted and approved this 6 day of July, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 234-10 STND CENTRAL AVENUE WATER MAIN (21 – 32 STREET) PROJECT APPROVING THE PLAT, SCHEDULE OF ASSESSMENTS AND ESTIMATE OF TOTAL COST AND SETTING DATE OF PUBLIC HEARING ON RESOLUTION OF NECESSITY Whereas, the proposed Resolution of Necessity for the Project has been introduced for the Project. NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: The attached plat, schedule of assessments, and estimate of total cost for the Central Ave- stnd nue Water Main (21 – 32 Street) Project and the proposed Resolution of Necessity are he- reby approved and ordered placed on file in the Office of the City Clerk. th The City Council will meet on the 19 day of July, 2010 at 6:30 p.m. at the Historic Federal th Building Council Chambers (second floor), 350 West 6 Street, Dubuque, Iowa, at which time the owners of property subject to assessment for the proposed improvement or any other per- son having an interest in the matter may appear and be heard for or against the making of the improvement, the boundaries of the district, the cost, the assessment against any lot, or the final adoption of a resolution of necessity. A property owner will be deemed to have waived all objections unless at the time of hearing the property owner has filed objections with the City Clerk. The City Clerk be and is hereby authorized and directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in 14 the City of Dubuque, Iowa, which notice shall be published once each week for two consecu- tive weeks, the first publication of which shall be not less than ten days prior to the day fixed for its consideration. th Passed, approved and adopted this 6 day of July, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk CITY OF DUBUQUE, IOWA CENTRAL AVENUE WATER SERVICE REPLACEMENT PRELIMINARY SCHEDULE OF VALUATION AND PROPOSED ASSESSMENTS DATE: July 6, 2010 The following schedule is hereby determined to show each lot proposed to be assessed for the improvement shown in the title together with the amount proposed to be assessed against each lot and the valuations shown opposite each lot are hereby fixed as the true valuations of such lots by the City Council of the City of Dubuque PROPERTY OWNER NAME; LOT DESCRIPTION; PARCEL #; NET ASSESSED VALUA- TION 2010; VALUATION WITH IMPROVEMENT; WATER SERVICE PRIVATE LATERAL COSTS; WATER SERVICE PRIVATE LATERAL DEFICIENCY; TOTAL NET ASSESSMENT LESLEIN, JAMES; LOT 4A & S 1/3 OF LOT 5 L 1024201003; $108,200; $110,665.17; $2,465.17; H LANGWORHTYS ADD; 1024252003; $75,000; $2,465.17 $85,120.00; $10,120.00; $10,120.00 HARTIG REALTY VI LC; LOT 1 OF 1 OF 6F IN LESLEIN, JAMES; BAL S 42' LOT 12 L H L. H. LANGWORTHY'S ADD; 1024130011; $47,000; LANGS ADD; 1024207013; $16,700; $19,165.17; $49,465.17; $2,465.17; $2,465.17 $2,465.17; $2,465.17 HEINOLD, DAVID M; W 1/2-S 1/2-LOT 8 "H" L H UDELHOFEN, JANET; E77'4"-S35'-N50' LOT6 & LANGWORTHY'S ADD; 1024130010; $62,000; LOT 2-W122'8"-S35' -N50' LOT 6 ALL IN L H $64,465.17; $2,465.17; $2,465.17 LANGWORTHY'S ADD; 1024135003; $73,400; WINTER, JASON W; W 1/2-S 1/2-LOT 10 "J" L H $78,460.00; $5,060.00; $5,060.00 LANGWORTHY'S ADD; 1024130009; $46,800; NATIONAL RETAIL PROPERTIES LP; LOT 2-1 $49,265.17; $2,465.17; $2,465.17 BEATRICE FOODS PLACE; 1024135005; SCHMITT, RICHARD W & JUDY K; S 1/2 OF $501,200; $507,200.00; $6,000.00; $6,000.00 LOT 8 TIVOLI ADD; 1024129026; $68,100; GENESIS THREE HOLDINGS LLC; LH LANGS $73,160.00; $5,060.00; $5,060.00 ADD S 35' OF S 60' LOT 10 EXCEPT PT FOR CONRAD, JR., RONALD J.; N 1/2 OF LOT 8 TI- WHITE; 1024207007; $16,100; $18,565.17; VOLI ADD; 1024129025; $61,800; $66,860.00; $2,465.17; $2,465.17 $5,060.00; $5,060.00 GENESIS THREE HOLDINGS LLC; LOT 4-9 L H HAAS, DANIEL J & AMANDA J; LOT 9 TIVOLI LANG'S ADD; 1024207003; $161,500; $163,965.17; ADD 2255-2257 CENTRAL AVE; 1024129024; $2,465.17; $2,465.17 $85,100; $90,160.00; $5,060.00; $5,060.00 GERHARD, CURTIS L; LOT 3-9 L H LANG'S JELLISON, KELLY M SR & DAWN M; LOT 1- ADD; 1024207002; $9,400; $11,865.17; $2,465.17; 14N L H LANGWORTHY'S ADD; 1024130006; $2,465.17 $8,300; $10,765.17; $2,465.17; $2,465.17 PLASTIC CENTER INC; LOT 2"B" L H LANG-CNI PROPERTIES LLC; LOT 2 RICHARDSON WORTHYS ADD 2204-2204 1/2 & 2206 CENTRAL PLACE; 1024130001; $74,700; $77,165.17; AVE; 1024201006; $243,000; $245,465.17; $2,465.17; $2,465.17 $2,465.17; $2,465.17 CARNER PROPERTIES LLC; LOT 1 VALERIA COURSEY, WAYNE M & L EILEEN; LOT 1-1-4D PLACE NO. 2; 1024126032; $157,600; L H LANGWORTHYS ADD 2222-2222 1/2 CEN-$162,660.00; $5,060.00; $5,060.00 TRAL AVE; 1024201005; $163,200; $165,665.17; PUETZ, JOSEPH F & JAMMIE L; W 1/2-N 1/2- $2,465.17; $2,465.17 LOT 20 L H LANGWORTHY'S ADD; 1013383006; HARTIG REALTY IV LC; S 20'8" N25'4" LOT 1, $39,500; $41,965.17; $2,465.17; $2,465.17 S24'8"LOT 1, N4'8" N25'4" LOT 1, S 18' OF 2; SMOTHERS, PATRICIA A &; N 1/2-LOT 21 L H 1024129037; $459,200; $474,380.00; $15,180.00; LANGWORTHY'S ADD; 1013383004; $85,400; $15,180.00 $87,865.17; $2,465.17; $2,465.17 HARTIG REALTY VI LC; LOT 2 OF 4D AND LOT 2 OF 6F IN L H LANGWORTHY'S ADD; 15 CITY OF DUBUQUE; LOT 4 & N 96' LOT 3 1013376014; $69,500; $71,965.17; $2,465.17; BREWERY ADD; 1013382001; $387,340; $2,465.17 $399,340.00; $12,000.00; $12,000.00 PAAR, LAURA K; LOT 2-16-JOHN KING'S DU- MARO, GERALD F & JANELDA R; S 1/2 LOT 2-BUQUE; 1013377036; $58,000; $63,060.00; 171 & LOT 1-2-1-171 L H LANGWORTHYS ADD; $5,060.00; $5,060.00 1013378024; $39,900; $42,365.17; $2,465.17; FINN, JAMES P & PAMELA A; LOT 1-1-2-1-18 $2,465.17 JOHN KING'S DUBUQUE 2523-2525 CENTRAL SCHMITZ, LYNN F; LOT 1-10 WULLWEBER AVE; 1013377035; $84,400; $89,460.00; $5,060.00; SUB; 1013377050; $10,000; $15,060.00; $5,060.00; $5,060.00 $1,295.00; $3,765.00 DELIRE, STEPHEN P & JANET M; LOTS 1,2, & STOWERS, MICHAEL R; LOT 9 WULLWEBERS 4 & LOTS 1 & 2 OF 3 IN DUNN'S SUB & LOT 2-1-2- SUB; 1013377048; $74,100; $79,160.00; $5,060.00; 1-18 JOHN KINGS DUBUQUE; 1013377034; $5,060.00 $281,200; $291,320.00; $10,120.00; $10,120.00 SMITH, STEVE J; W 95' LOT 2-172 L H LANG-DUBUQUE COMMUNITY SCHOOL; LOTS 231, WORTHY'S ADD; 1013378013; $10,500; 232, 233, 234, & 235 LOTS 1 & 2 OF 230, N 28'- $12,965.17; $2,465.17; $2,465.17 LOT 229, & S 1/2-LOT 236; 1013376020; $747,580; SMITH, STEVE J; LOT 1-172 & W 8' OF E 75' $757,440.00; $9,860.00; $9,860.00 LOT 2 OF 172 L H LANGWORTHYS ADD; EVEN, JOHN W. & SANDRA; LOT 1-1-1-241 1013378012; $112,400; $114,865.17; $2,465.17; DAVIS FARM ADD; 1013314020; $63,600; $2,465.17 $68,660.00; $5,060.00; $5,060.00 ROUTLEY, JONATHAN J & MARY F; LOT 1-1 F SHAPPEL, JOHN J & THERESA M; LOT 2-2 OF FOSSELMANS SUB 2420-2420 1/2 CENTRAL AVE; 238 DAVIS FARM ADD; 1013376001; $67,900; 1013378011; $50,300; $52,765.17; $2,465.17; $70,365.17; $2,465.17; $2,465.17 $2,465.17 SILVESTRI, MICHAEL A & DOROTHY; LOT 1- ROUTLEY, JONATHAN J & MARY F; LOT 2-1 F 243 DAVIS FARM ADD; 1013314018; $31,700; FOSSELMANS SUB; 1013378010; $40,600; $36,760.00; $5,060.00; $5,060.00 $43,065.17; $2,465.17; $2,465.17 GENESIS TWO HOLDINGS LLC; S 1/2-269 DA- STRAUB, HAROLD H.; N 1/2 - E 180 '- LOT 1-6, VIS FARM ADD; 1013328016; $63,100; $65,565.17; JHON KING'S DUBUQUE; 1013377046; $113,300; $2,465.17; $2,465.17 $118,360.00; $5,060.00; $5,060.00 HESS, RICHARD J & NANCY M; E 1/2 OF LOT HESS, RICHARD J & NANCY M; N 1/2 LOT 2 246 DAVIS FARM ADD; 1013314014; $43,500; FRANK FOSSELMANS; 1013378008; $55,100; $48,560.00; $5,060.00; $5,060.00 $57,565.17; $2,465.17; $2,465.17 HARRISON, GLORIA & JAMES W; LOT 247 FROMMELT, DAVID C; S 1/2 & N 1/2 LOT 3 F DAVIS FARM ADD; 1013314012; $58,800; FOSSELMANS SUB; 1013378007; $39,300; $63,860.00; $5,060.00; $5,060.00 $44,230.34; $4,930.34; $4,930.34 LUHER, KATHRYN MARIE; LOT 248 DAVIS HEIDERSCHEIT, BENJAMIN L; NE 1/4 LOT 8 FARM ADD; 1013314011; $71,300; $76,360.00; JOHN KING'S DUBUQUE; 1013377044; $42,800; $5,060.00; $5,060.00 $47,860.00; $5,060.00; $5,060.00 WEDERT, JOSEPH W & KATHLEEN M; N 1/2-E MOOTZ, CLETUS J & MARGARET A; N 1/2 LOT 1/2-272 DAVIS FARM ADD; 1013328022; $64,300; 4 & S 12 1/2 LOT 5 FRANK FOSSELMANS SUB; $69,360.00; $5,060.00; $5,060.00 1013378005; $72,200; $77,130.34; $4,930.34; KUHLE, MARK J & KAREN M; W 85'-S 1/2-274 $4,930.34 DAVIS FARM ADD; 1013328006; $47,800; COPELAND, DENNIS W.; NE 1/4 LOT 10 JHON $50,265.17; $2,465.17; $2,465.17 KING'S DUBUQUE; 1013377042; $73,200; THEN, RICHARD HENRY; N 28'-275 DAVIS $78,260.00; $5,060.00; $5,060.00 FARM ADD; 1013328003; $59,600; $62,065.17; SODAWASSER, LAURA; N 15' LOT 6 & S 35' $2,465.17; $2,465.17 LOT 7 F FOSSELMANS SUB; 1013378002; SCHMITT, GARY C & MARY LOU; E 1/2 OF $89,600; $92,065.17; $2,465.17; $2,465.17 LOT 250 DAVIS FARM ADD; 1013314009; $52,600; BRIES, JEROME A & SUSAN M; E 1/2-LOT 12, $57,660.00; $5,060.00; $5,060.00 JOHN KING'S DUBUQUE; 1013377041; $113,500; HESS, RANDALL J & SHIRLEY M; LOT 251 & S $118,560.00; $5,060.00; $5,060.00 1/2 OF LOT 252, DAVIS FARM ADD.; 1013307024; MUELLER, ROBERT E & SHARON M; N 34 1/2' $44,100; $54,220.00; $10,120.00; $10,120.00 LOT 226 & S 25' LOT 227 DAVIS FARM ADD; VOGT, EMIL F. & DELAINE; LOT 253 & N 1/2 1013376018; $88,400; $90,865.17; $2,465.17; OF LOT 252, DAVIS FARM ADD; 1013307023; $2,465.17 $1,800; $11,920.00; $10,120.00; $7,140.00; PLUYM, DANIEL L & SUSAN E; LOT 1-N 35' OF $2,980.00 W 170' OF LOT 227 DAVIS FARM ADD; 16 JONES, JAMES C JR & SHIRLEY A; LOT 1-W DIETZ, DONALD J & SUSAN M; S 39'6" OF LOT 170'-278 DAVIS FARM; 1013308010; $74,900; 2 G R WEST'S DUBUQUE; 1013155007; $60,100; $77,365.17; $2,465.17; $2,465.17 $65,160.00; $5,060.00; $5,060.00 VOGT, DELAINE A; LOT 254, DAVIS FARM POTHOFF, ALVIN J & KATHRYN E &; N 20.5' ADD.; 1013307022; $64,800; $69,860.00; OF LOT 2 & S 3' OF LOT 3 G R WEST'S ADD; $5,060.00; $5,060.00 1013155006; $58,700; $63,760.00; $5,060.00; SCHMITT, EUGENE F JR &; LOT 2-W 170' OF $5,060.00 LOT 278 DAVIS FARM ADD; 1013308009; $59,400; POTHOFF, ALVIN J & KATHIE E &; LOT 2 OF N $61,865.17; $2,465.17; $2,465.17 57' OF LOT 3 IN G R WESTS ADD; 1013155005; KAUNE, DAVID M; W 170'-279 DAVIS FARM $49,700; $54,760.00; $5,060.00; $5,060.00 ADD; 1013308008; $60,700; $63,165.17; $2,465.17; LYLE, ROBIN M; LOT 1-W 170'-292 DAVIS $2,465.17 FARM; 1013156020; $73,800; $78,860.00; FARFAN, SANTOS L & SALOME; LOT 255 DA-$5,060.00; $5,060.00 VID FARM ADD; 1013307021; $15,500; $20,560.00; KEUTER, MARK & JESSICA; W 1/2-294 DAVIS $5,060.00; $5,060.00 FARM ADD; 1013156004; $85,220; $87,685.17; FARFAN, SANTOS L & SALOME; S 1/2 OF LOT $2,465.17; $2,465.17 256 DAVIS FARM ADD 2735-2735 1/2 CENTRAL JOHNSON, KEITH A; W 80'-E 1/2-294 DAVIS AVE; 1013307020; $64,200; $69,260.00; $5,060.00; FARM ADD; 1013156018; $91,800; $94,265.17; $5,060.00 $2,465.17; $2,465.17 SCHROMEN, ELDON L & MILDRED; W 170'-REIFF, ALBERT J & MELISSA L; LOT 1-N 2'-W 280 DAVIS FARM ADD; 1013308007; $101,600; 170' OF 295 & LOT 1-1 W 170' OF 296 DAVIS $104,065.17; $2,465.17; $2,465.17 FARM ADD 2880-2882 CENTRAL AVE; BRIMEYER, RANDALL J; LOT 257 DAVIS 1013156002; $88,100; $90,565.17; $2,465.17; FARM ADD; 1013307017; $46,200; $51,260.00; $2,465.17 $5,060.00; $5,060.00 FULLER, RAYMOND M; W 85' OF W 170' OF WLOCHAL, DALE G & LINDA ANN; LOT 258 LOT 297 DAVIS FARM ADD; 1013152014; $74,300; DAVIS FARM ADD; 1013307016; $61,900; $76,765.17; $2,465.17; $2,465.17 $66,960.00; $5,060.00; $5,060.00 KERNALL, KRIS D & MARY K; N 30' OF W 170' WEINER, JOSEPH J & CATALINA C; S 1/2-W OF LOT 298 DAVIS FARM ADD; 1013152012; 170'-281 DAVIS FARM; 1013308006; $76,090; $63,300; $65,765.17; $2,465.17; $2,465.17 $78,555.17; $2,465.17; $2,465.17 HOLY GHOST CHURCH; LOTS 2-3 & 4-2 O'BRIEN, RAYMOND C & MARY; N 1/2 - W MCDANIELS PARK HILL LOTS 4,5,6,6A,7,8,1-9 170'-281 DAVIS FARM ADD; 1013308005; $58,020; ALL IN GR WEST DUB; 1013155002; $1,143,750; $60,485.17; $2,465.17; $2,465.17 $1,149,750.00; $6,000.00; $6,000.00 JAEGER, THEODORE L & AGNESE L; W 170'-GATEWAYS TO HOME; S 1/2 OF W 170' OF 1-282, & W 170'-S 1/2 OF 283 DAVIS FARM ADD; 301 DAVIS FARM ADD; 1013152009; $66,600; 1013308003; $79,200; $81,665.17; $2,465.17; $69,065.17; $2,465.17; $2,465.17 $2,465.17 HENKELS, FRANCIS WM; S 1/2 OF W 170' OF KOSTER, RANDALL J. & SUSAN M.; LOT 262 LOT 302 DAVIS FARM ADD; 1013152007; $95,000; DAVIS FARM ADD; 1013307012; $82,100; $97,465.17; $2,465.17; $2,465.17 $87,160.00; $5,060.00; $5,060.00 VONHOLLEN, HERBERT C & VERNA; N 1/2 OF BARGER, SHAUNTAE D; S 23.5' OF E 112' OF W 170' OF LOT 302 DAVIS FARM ADD; LOT 263 DAVIS FARM ADD; 1013160002; $55,700; 1013152006; $67,300; $69,765.17; $2,465.17; $60,760.00; $5,060.00; $5,060.00 $2,465.17 WITTMAN, MARLIN L & FONDA F; W 84'-W OTTING, JASEN & TRACY; LOT 13 G R WESTS 170'-287 DAVIS FARM; 1013156015; $74,900; ADD; 1014232030; $83,000; $88,060.00; $5,060.00; $77,365.17; $2,465.17; $2,465.17 $5,060.00 TITTLE, ROBERT G & MARY L; S 1/2-W 170'-STAVER, CHRISTOPHER T; LOT 2 OF LOT 308 288 DAVIS FARM; 1013156014; $51,400; DAVIS FARM; 1013151006; $10,600; $13,065.17; $53,865.17; $2,465.17; $2,465.17 $2,465.17; $2,465.17 SCHMITT, DARLENE M & WILLIS C; LOT 2-265 SCHROEDER, RICHARD J & LOIS J; LOT 14 G DAVIS FARM ADD; 1013155012; $72,900; R WESTS DUB ADD; 1014232029; $50,600; $77,960.00; $5,060.00; $5,060.00 $55,660.00; $5,060.00; $5,060.00 SARRIS - MATHEOS, DEBBIE S. & MICHAEL; HARTZELL, CRAIG H & ROSE A; W 170' OF LOT 2-W 170' - 290 DAVIS FARM; 1013156010; LOT 309 DAVIS FARM; 1013151002; $145,200; $81,900; $84,365.17; $2,465.17; $2,465.17 $147,665.17; $2,465.17; $2,465.17 MAUS, RICHARD A & NEVA M; N 1/2-W 170'-DUGGAN, DUSTAN J; W 170' OF LOT 310 DA- 291 DAVIS FARM; 1013156008; $68,700; VIS FARM ADD; 1013151001; $128,300; $71,165.17; $2,465.17; $2,465.17 $130,765.17; $2,465.17; $2,465.17 17 LEWIN, JENNIFER L; LOT 16 G R WESTS ADD; 1014233009; $71,900; $74,365.17; $2,465.17; 1014232027; $96,200; $101,260.00; $5,060.00; $2,465.17 $5,060.00 STIERMAN, TINYA M; W 170' OF LOT 316 DA- MILLER, FRANKLIN W JR & SHEREE; W 170' VIS FARM ADD; 1014233008; $74,900; $77,365.17; OF LOT 312 DAVIS FARM; 1014233015; $113,800; $2,465.17; $2,465.17 $116,265.17; $2,465.17; $2,465.17 LAU, BRIAN A; W 170' OF LOT 317 DAVIS EISBACH, DOROTHY; W 85' OF W 170' OF LOT FARM; 1014233007; $116,330; $118,795.17; 313 DAVIS FARM ADD; 1014233011; $82,700; $2,465.17; $2,465.17 $85,165.17; $2,465.17; $2,465.17 BRENNAN, MICHAEL & KNOCKEL,; LOT 22 HERRIG, JOHN W & SALLY JO; LOT 17 G R AND S 45' OF LOT 23 IN G R WESTS ADD; WESTS ADD; 1014232026; $20,700; $25,760.00; 1014232021; $115,400; $125,520.00; $10,120.00; $5,060.00; $5,060.00 $10,120.00 HERRIG, JOHN W & SALLY JO; LOT 18 G R HOHL, THEODORE R & MURIEL; LOT 1 KRETZ WESTS ADD; 1014232025; $111,100; $116,160.00; CORNER; 1014233018; $445,500; $447,965.17; $5,060.00; $5,060.00 $2,465.17; $2,465.17 STILES, JEFF JOHNSTON; W 100' OF N 50' OF TOTALS; $432,305.03; $8,435.00; $423,870.03 W 170' OF LOT 315 DAVIS FARM ADD; RESOLUTION NO. 235-10 STND RESOLUTION OF NECESSITY FOR THE CENTRAL AVENUE WATER MAIN (21 – 32 STREET) PROJECT Whereas, the plat, schedule of assessments, and estimate of total cost for the Central Ave- stnd nue Water Main (21 – 32 Street) Project have been duly prepared and approved by the City Council of the City of Dubuque and ordered placed on file in the office of City Clerk. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Replacement of 9 fire hydrants, 36 water valves, 21 tees, 2,865 feet of existing lead service lines with ¾-inch copper and 104 water service stop boxes. Replacement of 1,686 square yards of existing pavement. There is on file in the office of the City Clerk an estimated total cost of the work, and a pre- liminary plat and schedule showing the amount proposed to be assessed to each lot for the improvement. The date, time, and place the council will hear property owners subject to the assessment and interested parties for or against the improvement, its cost, the assessment, or the bounda- ries of the district. The City Council deems it advisable and necessary for the public welfare to make the herein mentioned improvements. Unless a property owner files objections with the City Clerk at the time of hearing on the resolution of necessity, the property owner is deemed to have waived all objections pertaining to the regularity of the proceeding and the legality of using the special assessment procedure. Said improvements shall be constructed in accordance with the plans and specifications which have been approved by the City Council and are now on file in the Office of the City Clerk. The cost of making such improvement will be assessed against property lying with the assessment limits. The above resolution was introduced, approved and ordered placed on file with the City th Clerk this 6 day of July, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk US 52 Traffic Flow Enhancement Project: City Manager recommending initiation of the pub- lic bidding process for the US 52 Traffic Flow Enhancement Project and that a public hearing be set for July 19, 2010 to consider approval of the plans and specifications, form of contract 18 and estimated cost. Upon motion the documents were received and filed and Resolution No. 236-10 Preliminary approval of plans, specifications, form of contract, and estimated cost, set- ting date of public hearing and ordering bids for the US 52 Traffic Flow Enhancement Project was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on July 19, 2010 in the Historic Federal Building. RESOLUTION NO. 236-10 US 52 TRAFFIC FLOW ENHANCEMENT PROJECT PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICA- TIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTI- SEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the US 52 Traffic Flow Enhancement Project, in the estimated amount $1,251,092.00, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. th A public hearing will be held on the 19 day of July, 2010 at 6:30 p.m. in the Historic Feder- al 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 twen- ty 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 US 52 Traffic Flow Enhancement 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 con- form 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 improve- ments herein provided, by publishing the attached Notice to Bidders to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be pub- lished not less than four but not more than forty-five days before the date for filing bids before th 2:00 p.m. on the 27 day of July, 2010. Bids shall be opened and read by the City Clerk at said nd time and will be submitted to the City Council for final action at 6:30 p.m. on the 2 day of Au- th gust, 2010, in the Historic Federal Building Council Chambers (second floor), 350 West 6 Street, Dubuque, Iowa. th Passed, adopted and approved this 6 day of July, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the fol- lowing Boards/Commissions: Building Code Board of Appeals: Two 3-year terms through Au- gust 1, 2013 (Terms of Schwendinger and Kolf) Journeyman / Carpenter and Architect / Engi- neer requirements. Applicants: James Kolf, 2342 Matthew John Drive (Architect / Engineer); 19 and John Schwendinger, 800 Kelly Lane (Journeyman / Carpenter). Mr. Kolf spoke in support of his re-appointment. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone present to address the City Coun- cil. Riverfront Marina – Ice Harbor Location: Proof of publication on notice of public hearing to consider the Riverfront Marina – Ice Harbor location and City Manager recommending approv- al. Motion by Jones to receive and file the documents and adopt Resolution No. 237-10 Ap- proving the Ice Harbor as the selected location for the Port of Dubuque Riverfront Marina Project. Seconded by Connors. Mona Woodward, 13895 Barrington Drive, spoke in favor of the project. Jerry Schollmeyer, 14292 Green Hill Drive, spoke in favor of the project. Braig questioned the concerns raised by Mississippi River Museum Executive Director Jerry Enzler. Responding to questions from City Council, Van Milligen stated that it is the City’s strong prefe- rence to have a land-based dock-side building. Assistant City Engineer Bob Schiesl stated that discussions with the museum are on-going regarding the issues Mr. Enzler raised. Schiesl cla- rified that the grant funding requires a minimum of 68 slips and the layout provides for 70 with one reserved for a fire boat. Changing the location from the main channel to the Ice Harbor does not jeopardize the Tier 2 grant funding. The current layout accommodates harbor users, minimum slip requirements and does not encroach into the harbor. Property owners have been positive about the project. A cost and maintenance projection can be developed as the project progresses. Project bid is anticipated in late fall beginning with the construction of the land building. Docks will be fabricated offsite during the winter months and assembled and installed onsite in spring 2011. Grant funding requires docks built for boats 26 feet in length or larger, but doesn’t prohibit access for canoes and kayaks. Motion carried 5-1 with Braig voting nay. RESOLUTION NO. 237-10 APPROVING THE ICE HARBOR AS THE SELECTED LOCATION FOR THE PORT OF DU- BUQUE RIVERFRONT MARINA PROJECT Whereas, the City Council of the City of Dubuque, Iowa, has been provided information on the site location alternatives for the Port of Dubuque Riverfront Marina Project (the Project); and Whereas, the City Council concurred that the Ice Harbor location is the most economically viable, preferred alternate location for the Port of Dubuque Riverfront Marina Project; and Whereas, the City Council approved the proposed configuration which will provide for a min- imum net total of 68 transient slips with incorporated amenities; and Whereas, the City has received environmental clearance from the Iowa Department of Natu- ral Resources and the United States Fish & Wildlife Service for the Ice Harbor site location for the Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the City Council approves the Port of Dubuque Riverfront Marina Project - Ice Harbor location and hereby authorizes staff to proceed with final design and the develop- ment of construction documents. th Passed, approved and adopted this 6 day of July, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 20 Dubuque County Lease: Proof of publication on notice of public hearing to consider a pro- posed five year lease with Dubuque County for space in the Historic Federal Building and City Manager recommending approval. Motion by Jones to receive and file the documents and adopt Resolution No. 238-10 Disposing of an interest in real property owned by the City of Du- buque by lease between the City of Dubuque and Dubuque County. Seconded by Lynch. Mo- tion carried 6-0. RESOLUTION NO. 238-10 APPROVING THE DISPOSAL OF AN INTEREST IN REAL PROPERTY OWNED BY THE CITY OF DUBUQUE BY LEASE BETWEEN THE CITY OF DUBUQUE, IOWA, AND DUBUQUE COUNTY Whereas, the City of Dubuque, Iowa (City), owns the real property described as the Historic th Federal Building, located at 350 West 6 Street in the City of Dubuque, Iowa; and Whereas, City and Dubuque County have negotiated a 5-year Lease Agreement for space in the Historic Federal Building, a copy of which Lease Agreement is on file at the office of the City th Clerk, City Hall, 13 and Central Avenue, Dubuque, Iowa; and Whereas, the City Council believes it is in the best interests of the City of Dubuque to approve the Lease Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Lease Agreement between City and Dubuque County is hereby approved and the City Manager is authorized to execute said lease on behalf of the City of Dubuque. th Passed, approved and adopted this 6 day of July, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Easement Agreement for Washington Row Houses Project: Proof of publication on notice of public hearing to consider the disposition of real property owned by the City in the form of an easement agreement for common uses of property at the “Washington Row Houses” located th at 1765 – 1795 Washington Street and 260 East 18 Street and City Manager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 239- 10 Disposing of real property by revising, restating and vacating various easements related to the Washington Street Row Houses Projectover portions of Lots 90 and 91 in the City of Du- buque. Seconded by Resnick. Responding to questions from City Council, Community Devel- opment Specialist Aggie Tauke stated that rain water roof runoff would be drained directly into the storm sewer and that the use of pervious surfaces has not yet been determined but will be reviewed. Motion carried 6-0. RESOLUTION NO. 239-10 DISPOSING OF REAL PROPERTY BY REVISING, RESTATING AND VACATING VARIOUS EASEMENTS RELATING TO THE WASHINGTON STREET ROWHOUSES PROJECT OVER PORTIONS OF LOTS 90 AND 91 IN THE CITY OF DUBUQUE, IOWA Whereas, pursuant to resolution and published notice of time and place of hearing, pub- lished in the Telegraph Herald, a newspaper of general circulation published in the City of Du- th buque, Iowa, on the 25 day of June, 2010 the City Council of the City of Dubuque, Iowa, met th on the 6 day of July, 2010 at 6:30 p.m. in the Historic Federal Building Council Chambers th (second floor), 350 West 6 Street, Dubuque, Dubuque County, Iowa, to consider the proposal for an Easement Agreement relating to portions of Lots 90 and 91 in East Dubuque Addition in the City of Dubuque, Iowa, as set forth in Exhibit A attached hereto; and 21 Whereas, the City Council of the City of Dubuque, Iowa, overruled any and all objections, oral or written to this proposal to dispose of an interest of the City of Dubuque, Iowa, in the de- scribed real estate. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the Easement Agreement attached hereto as Exhibit A is hereby approved. Section 2. That the Mayor be authorized and directed to execute said Easement Agreement attached hereto as Exhibit A, and the City Clerk be and is hereby authorized and directed to record said Easement Agreement in the Office of the Dubuque County Recorder upon execu- tion by all parties. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and Du- buque County Auditor. th Passed, approved and adopted this 6 day of July, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk IA 32 and Asbury Road Turn Lane Improvements Project: Proof of publication on notice of public hearing to consider the plans and specifications, form of contract and estimated cost for the IA 32 and Asbury Road Turn Lane Improvements Project and City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 240-10 Approving plans, specifications, form of contract, and estimated cost for the IA 32 and Asbury Road Turn Lane Improvements Project. Seconded by Jones. Motion carried 6-0. RESOLUTION NO. 240-10 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE IA 32 AND ASBURY ROAD TURN LANE IMPROVEMENTS PROJECT, IOWA DOT PROJECT NO. STP-32-1(30)--2C-31 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the IA 32 and Asbury Road Turn Lane Improvements Project, Iowa DOT Project No. STP-32-1(30)--2C- 31, in the estimated amount $670,700.00, are hereby approved. th Passed, adopted and approved this 6 day of July, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Sunset Ridge Reconstruction Project: City Manager recommending initiation of the public bidding process and preliminary approval of the plans and specifications, form of contract and estimated cost for the Sunset Ridge Reconstruction Project and that a public hearing be set for July 19, 2010 to consider final approval of the plans and specifications, form of contract and estimated cost. Motion by Braig to receive and file the documents and adopt Resolution No. 241-10 Preliminary approval of plans, specifications, form of contract, and estimated cost, set- ting date of public hearing and ordering bids for the Sunset Ridge Reconstruction Project; Resolution No. 242-10 Approving the plat, schedule of assessments and estimate of total cost 22 and setting date of public hearing on Resolution of Necessity; and Resolution No. 243-10 Res- olution of Necessity for the Sunset Ridge Reconstruction Project setting a public hearing for a meeting to commence at 6:30 p.m. on July 19, 2010 in the Historic Federal Building. RESOLUTION NO. 241-10 SUNSET RIDGE RECONSTRUCTION PROJECT PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICA- TIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTI- SEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the Sunset Ridge Reconstruction Project, in the estimated amount $1,548,102.82, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. th A public hearing will be held on the 19 day of July, 2010 at 6:30 p.m. in the Historic Feder- al 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 twen- ty 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 Sunset Ridge 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 con- form 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 improve- ments herein provided, by publishing the attached Notice to Bidders to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be pub- lished not less than four but not more than forty-five days before the date for filing bids before nd 2:00 p.m. on the 22 day of July, 2010. Bids shall be opened and read by the City Clerk at nd said time and will be submitted to the City Council for final action at 6:30 p.m. on the 2 day of th August, 2010 in the Historic Federal Building Council Chambers (second floor), 350 West 6 Street, Dubuque, Iowa. th Passed, adopted and approved this 6 day of July, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 242-10 SUNSET RIDGE RECONSTRUCTION PROJECT APPROVING THE PLAT, SCHEDULE OF ASSESSMENTS AND ESTIMATE OF TOTAL COST AND SETTING DATE OF PUBLIC HEARING ON RESOLUTION OF NECESSITY Whereas, the proposed Resolution of Necessity for the Project has been introduced for the Project. NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: 23 The attached plat, schedule of assessments, and estimate of total cost for the Sunset Ridge Reconstruction Project and the proposed Resolution of Necessity are hereby approved and ordered placed on file in the Office of the City Clerk. th The City Council will meet on the 19 day of July, 2010, at 6:30 p.m. at the Historic Federal th Building Council Chambers (second floor), 350 West 6 Street, Dubuque, Iowa, at which time the owners of property subject to assessment for the proposed improvement or any other per- son having an interest in the matter may appear and be heard for or against the making of the improvement, the boundaries of the district, the cost, the assessment against any lot, or the final adoption of a resolution of necessity. A property owner will be deemed to have waived all objections unless at the time of hearing the property owner has filed objections with the City Clerk. The City Clerk be and is hereby authorized and directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published once each week for two consecu- tive weeks, the first publication of which shall be not less than ten days prior to the day fixed for its consideration. th Passed, approved and adopted this 6 day of July, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk CITY OF DUBUQUE, IOWA SUNSET RIDGE RECONSTRUCTION PROJECT PRELIMINARY SCHEDULE OF VALUATION AND PROPOSED ASSESSMENTS DATE: July 6, 2010 The following schedule is hereby determined to show each lot proposed to be assessed for the improvement shown in the title together with the amount proposed to be assessed against each lot and the valuations shown opposite each lot are hereby fixed as the true valuations of such lots by the City Council of the City of Dubuque. PROPERTY OWNER NAME; LOT DESCRIPTION; PARCEL NUMBER; VALUATION WITH IMPROVEMENT; NET PAVING IMPROVEMENT COST; NET PAVING IMPROVEMENT DE- FICIENCY; TOTAL PUBLIC IMPROVEMENT COST; WATER SERVICE COSTS; SANITARY SEWER PRIVATE LATERAL COST; CONCRETE SIDEWALK COST; TOTAL NET ASSESS- MENT: Nemmers, Genevieve F.; Lot 1-29 & 2-28 Sunset 179 010; $596,853.39; $6,366.36; $0.00; $6,366.36; Ridge Sub; 10 35 252 001; $335,137.98; $4,207.46; $21,790.10; $3,496.93; $31,653.39 $0.00; $4,207.46; $20,930.52; $0.00; $25,137.98 Obbink, Bruce A. & Kristi R.; Lot 26 Sunset Ridge Koopmann, Leonard & Jody Scott Koopmann; Sub; 10 35 252 004; $488,398.21; $3,183.18; $0.00; Lot 1-1-2 ML 129 & Lot 2-1 Sunset Ridge; 10 35 179 $3,183.18; $22,805.03; $0.00; $25,988.21 003; $425,748.38; $1,148.90; $0.00; $1,148.90; Mohr, Matthew D. & Jennifer M.; Lot 25 Sunset $26,199.48; $0.00; $27,348.38 Ridge Sub; 10 35 252 005; $358,453.66; $3,183.18; Wagner, Hubert & Elma N.; Lot 1-1 Sunset Ridge $0.00; $3,183.18; $918.39; $21,152.09; $0.00; Sub; 10 35 251 001; $386,326.13; $4,357.69; $0.00; $25,253.66 $4,357.69; $20,759.48; $4,208.96; $29,326.13 Eddy, Jeffrey W. & Charlene A.; Lot 2-1-1 ML Scott, Michael H. & Nicola M.; Lot 2 Sunset 129 & Lot 5 Sunset Ridge; 10 35 179 007; Ridge & Lot 2-1-2 ML 129; 10 35 179 004; $301,127.38; $3,220.62; $0.00; $3,220.62; $370,353.13; $3,308.54; $0.00; $3,308.54; $22,218.61; $1,488.15; $26,927.38 $20,659.67; $1,784.92; $25,753.13 De Long, Myra E.; Lot 24 Sunset Ridge Sub; 10 Schmitz, Margaret B. Trustee; Lots 27, 1-28 & 2-35 252 006; $416,310.08; $3,213.97; $0.00; 29 Sunset Ridge Sub; 10 35 252 003; $354,574.75; $3,213.97; $24,596.11; $0.00; $27,810.08 $6,125.01; $0.00; $6,125.01; $918.39; $25,031.35; Kennedy, James G. & Frances D.; Lot 6 Sunset $0.00; $32,074.75 Ridge & Lot 1-1-1 ML 129; 10 35 179 008; Wahlert, Susan L. Trustee Revocable Tr.; Sunset $442,653.97; $3,476.25; $0.00; $3,476.25; Ridge No 2 Lots 2-2 & 2-1 Both of ML 129; 10 35 $27,248.31; $2,729.41; $33,453.97 24 Kreiss, Jon N. & Molly A.; Lot 22 & S 20' Lot 23 Woodward, Thomas N. & Charlice L.; Lot 2 Fal- Sunset Ridge Sub; 10 35 252 008; $347,728.48; dorf Place (4.6 Ac) & Lots 2-14 & 2-15 Sunset $3,886.31; $0.00; $3,886.31; $21,142.17; $0.00; Ridge; 10 35 402 009; $555,436.91; $8,975.46; $25,028.48 $0.00; $8,975.46; $22,993.51; $767.94; $32,736.91 Roling, Benjamin M.; Lot 21 Sunset Ridge Sub; Smith, Peter L. & Susan M.; Lot 2-14 Sunset 10 35 252 009; $343,231.32; $3,241.80; $0.00; Ridge; 10 35 401 003; $264,636.56; $3,630.92; $3,241.80; $19,989.52; $0.00; $23,231.32 $0.00; $3,630.92; $17,734.28; $1,971.36; Conlon, Stephen D.; Lot 1 Sunset Ridge #4; 10 $23,336.56 35 251 005; $785,086.34; $9,074.96; $0.00; Kennedy, James G. & Frances D.; Lot 2-7 Sunset $9,074.96; $23,580.73; $5,630.65; $38,286.34 Ridge Sub; 10 35 251 002; $28,025.39; $1,501.57; Richardson, James R.; Lot 1 Sunset Ridge #3; 10 $0.00; $1,501.57; $0.00; $0.00; $1,501.57 35 252 012; $353,535.13; $3,260.76; $0.00; De Long, Myra E.; N 80' or Bal Lot 23 Sunset $3,260.76; $24,274.37; $0.00; $27,535.13 Ridge Sub; 10 35 252 007; $66,534.67; $2,566.00; Their, Tony A. & Anna K.; Lot 2 Sunset Ridge #3 $0.00; $2,566.00; $3,068.67; $0.00; $5,634.67 & N 1/2 Lot 18 Sunset Ridge; 10 35 252 014; Conlon, Stephen D.; Lot 2 Sunset Ridge #5; 10 $295,345.26; $5,023.64; $0.00; $5,023.64; $918.39; 35 401 005; $78,230.04; $2,534.97; $0.00; $19,653.23; $0.00; $25,595.26 $2,534.97; $1,442.10; $0.00; $1,724.70; $5,701.77 Kalb, Andrew E. & Conlon, Rebecca E.; Lot 1 McNamara, Timothy J.; Lot 17 Sunset Ridge; 10 Sunset Ridge #5; 10 35 251 006; $411,222.65; 35 402 003; $35,174.85; $3,193.77; $0.00; $5,622.10; $0.00; $5,622.10; $23,364.48; $3,436.07; $3,193.77; $918.39; $3,762.69; $0.00; $7,874.85 $32,422.65 McNamara, Timothy J.; Lot 16 Sunset Ridge; 10 McNamara, Timothy J.; S 1/2 Lot 18 Sunset 35 402 004; $50,885.30; $3,190.82; $0.00; Ridge; 10 35 402 002; $253,981.29; $1,594.18; $3,190.82; $9,394.48; $0.00; $12,585.30 $0.00; $1,594.18; $918.39; $16,668.72; $0.00; Wartburg Theological Seminary; Lot 1-1 & 2-1 $19,181.29 both of ML 132; 10 35 128 006; $991,612.88; $0.00; Wertheimer, Mark & Barbara R.; Lots 13, 1-1-14, $0.00; $0.00; $0.00; $1,092.88; $1,092.88 2-12 All in Sunset Ridge; 10 35 401 002; Conlon, Christine; "All" McDonald Wartburg $553,781.04; $4,486.74; $0.00; $4,486.74; Place; 10 35 201 007; $737,616.35; $0.00; $0.00; $19,107.02; $2,087.28; $25,681.04 $0.00; $31,316.35; $0.00; $31,316.35 TOTALS =; $107,936.29; $6,952.44; $531,245.59; Heitzman, Wesley W. & Harriet; Lot 1-15 Sunset $30,419.25; $676,553.56 Ridge; 10 35 402 005; $280,484.15; $4,361.14; $0.00; $4,361.14; $918.39; $21,804.62; $0.00; $27,084.15 RESOLUTION NO. 243-10 RESOLUTION OF NECESSITY FOR THE SUNSET RIDGE RECONSTRUCTION PROJECT Whereas, the plat, schedule of assessments, and estimate of total cost for the Sunset Ridge Reconstruction Project have been duly prepared and approved by the City Council of the City of Dubuque and ordered placed on file in the office of City Clerk. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Sunset Ridge Reconstruction Project – Wartburg Place to the End There is on file in the office of the City Clerk an estimated total cost of the work, and a pre- liminary plat and schedule showing the amount proposed to be assessed to each lot for the improvement. The date, time, and place the council will hear property owners subject to the assessment and interested parties for or against the improvement, its cost, the assessment, or the bounda- ries of the district: The City Council deems it advisable and necessary for the public welfare to make the herein mentioned improvements. Unless a property owner files objections with the City Clerk at the time of hearing on the resolution of necessity, the property owner is deemed to have waived all objections pertaining to the regularity of the proceeding and the legality of using the special assessment procedure. Said improvements shall be constructed in accordance with the plans and specifications which have been approved by the City Council and are now on file in the Office of the City 25 Clerk. The cost of making such improvement will be assessed against property lying within the assessment limits. The above resolution was introduced, approved and ordered placed on file with the City th Clerk this 6 day of July, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Vacating Petition – Portion of Cox Street: City Manager recommending that a public hearing be set for August 2, 2010 to consider a request from Loras College President Jim Collins to vacate and purchase a portion of Cox Street. Communication from James E. Collins, President – Loras College, regarding the proposal to vacate and purchase a portion of Cox Street. Communication from Tom Hoelscher in opposition to the vacating and sale of a portion of Cox Street to Loras College. Motion by Lynch to receive and file the documents and adopt Resolution No. 244-10 Reso- lution of intent to vacate and dispose of City interest in Lot 1A of City Lot 741 in the City of Du- buque, Dubuque County, Iowa, setting a public hearing for a meeting to commence at 6:30 p.m. on August 2, 2010 in the Historic Federal Building. Seconded by Connors. Resnick stated his concerns regarding the effect of traffic on the existing retaining wall, asked what can be done to improve winter conditions on Alta Vista and Cornell Streets, student and resident safe- ty, and emergency vehicle response time. Jones stated that the alternative routes should be improved and made safer if the City considers this request. Motion carried 6-0. RESOLUTION NO. 244-10 RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN LOT 1A OF CITY LOT 741 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, Loras College has requested the vacating and disposal of a portion of Cox Street th from Loras Boulevard to West 17 Street; and Whereas, IIW Engineers & Surveyors, PC, has prepared and submitted to the City Council a th plat showing the vacated portion of Cox Street from Loras Boulevard to West 17 Street and assigned a lot number thereto, which hereinafter shall be known and described as Lot 1A of City Lot 741 in the City of Dubuque, Dubuque County, Iowa, should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the City of Dubuque intends to vacate and dispose of its interest in Lot 1A of City Lot 741 in the City of Dubuque, Dubuque County, Iowa. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right to ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstruct- ing, repairing, owning, operating, and maintaining water, sewer, drainage, fiber optics, gas, tel- ephone, television cable, and electric lines as may be authorized by the City of Dubuque, Iowa, as show on the Plat of Survey of Lot 1A of City Lot 741 in the City of Dubuque, Dubuque County, Iowa. Section 3. That the conveyance of Lot 1A of City Lot 741 in the City of Dubuque, Dubuque County, Iowa, to Loras College shall be contingent upon the following conditions: 1. Payment by Loras College of $50,000.00, plus platting, publication, and filing fees. 2. Loras College shall agree that the construction, reconstruction, repair and maintenance of the street, sanitary sewer, retaining walls, and watermain on the portion of Cox Street from Lo- th ras Boulevard to West 17 Street shall become the responsibility of Loras College on the date of the resolution approving the disposal of said Lot 1A. 26 3. Loras College shall agree that an access corridor shall remain open at all times to func- tion as a Fire Apparatus Access Road, as classified by the International Fire Code, with a min- imum roadway width of 24 feet at all times. 4. Loras College shall agree that the corridor shall remain open for utility service vehicles for construction and maintenance of existing or new utilities. Section 2. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to vacate and dispose of said real estate to be published in the manner as prescribed by law. th Passed, approved and adopted this 6 day of July, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Harvest View Estates Sixth Addition: City Manager recommending approval of the final plat of Harvest View Estates Sixth Addition. Motion by Connors to receive and file the documents and adopt Resolution No. 245-10 Approving the final plat of Harvest View Estates Sixth Addi- tion in the City of Dubuque. Seconded by Jones. Motion carried 6-0. RESOLUTION NO. 245-10 APPROVING FINAL PLAT OF HARVEST VIEW ESTATES SIXTH ADDITION IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a Final Plat of Harvest View Estates Sixth Addition in the City of Dubuque, Iowa; and Whereas, upon said final plat appears a street to be known as Millstone Drive (Lot A) to- gether with certain public utility, storm sewer and water main easements, which the owner by said final plat has dedicated to the public forever; and Whereas, the preliminary plat has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said final plat has been reviewed by the City Planner and had her approval en- dorsed thereon; subject to the owner’s agreeing to the conditions noted in Section 3 below; and Whereas, said final plat has been examined by the City Council and they find that it con- forms to the statutes and ordinances relating to it, except that streets and public utilities have not yet been completely constructed or installed. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the dedication of Millstone Drive (Lot A) and the easements for public utili- ties, storm sewer and water mains, as they appear on said final plat, be and the same are he- reby accepted. Section 2. That the Final Plat of Harvest View Estates Sixth Addition is hereby approved by the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat, provided the owners of said property herein named, execute their written acceptance hereto attached agreeing: (a) To reduce Millstone Drive (Lot A) to grade and to construct longitudinal sub-drain, concrete curb and gutter with hot mix asphaltic concrete, or concrete paving with integral curb, all in accordance with the City of Dubuque standard specifications, all in a manner acceptable to the City Engineer, in conformance with construction improvement plans approved by the City Engineer, and inspected by the City Engineer. (b) To install sanitary sewer main and sewer service laterals into each individual lot, water main and water service laterals into each individual lot, storm sewers and catch 27 basins, street lighting with all appurtenances, and erosion control devices all in accor- dance with the City of Dubuque standard specifications, all in a manner acceptable to the City Engineer, and in accordance with construction improvement plans approved by the City Engineer, and inspected by the City Engineer. (c) To connect storm facilities to an approved storm water detention facility in a man- ner acceptable to the City Engineer, in accordance with the City of Dubuque standard specifications approved by the City Engineer, and inspected by the City Engineer. (d) To construct said improvements, prior to the two (2) years from the date of accep- tance of this resolution, at the sole expense of the owners, or future owner. (e) To maintain the public improvements, for a period of two (2) years from the date of the acceptance of those improvements by the City Council of the City of Dubuque, Iowa, at the sole final expense of the owners, or future owner; And, further provided that said Westside Arterial Development, LLC, as owners of said property, shall secure the performance of the foregoing conditions provided in this Section by providing guarantees in such form and with such sureties as may be accept- able to the City Manager of the City of Dubuque, Iowa. Section 3. Sidewalk installation shall be the responsibility of the owner abutting the public rights-of-way, including lots with multiple frontages, as required by City Code 10-1-2. Section 4. The maintenance expenses incurred by the City of Dubuque for the storm water detention facility on Lot A Harvest View Estates First Addition shall be assessed against the lot owners of all additions in Harvest View Estates as indicated in the preliminary plat, in equal amounts, and the City Manager shall certify such costs to the City Clerk, who in turn shall promptly certify such costs to the Dubuque County Treasurer, and such costs shall then be collected with and in the same manner as general property taxes in accordance with provisions of law. Section 5. That the final acceptance of the public improvements shall occur upon certifica- tion of the City Engineer to the City Council that the public improvements have been completed in accordance with the approved improvement plans and City standards and specifications and accepted by City Council Resolution. Section 6. That in the event Westside Arterial Development, LLC, fails to execute the accep- tance and furnish the guarantees provided in Sections 2 and 3 hereof within 180 days after the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedication and approval the plat shall not be effective. th Passed, approved and adopted this 6 day of July 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Marketing and Rebranding for Keyline Transit: City Manager recommending approval of the Marketing and Rebranding Plan for Keyline submitted by East Central Intergovernmental As- sociation Executive Director Kelly Deutmeyer. Motion by Connors to receive and file the docu- ments and approve the recommendation. Seconded by Braig. Motion carried 6-0. Keyline Transit – West End Tripper: City Manager recommending approval for staff to nego- tiate a contract with the Regional Transit Authority to provide bus service on the West End Tripper Express Route from downtown through the Dubuque Industrial Center West under an approved Federal Job Access Reverse Commute grant. Motion by Jones to receive and file the documents and approve the recommendation. Seconded by Connors. Motion carried 6-0. 28 Keyline Transit Vehicle Purchase: City Manager recommending approval to use $26,180 in local match for the Regional Transit Authority (RTA) to acquire two Pinnacle vans that will be used to provide transit services in the City of Dubuque. Motion by Connors to receive and file the documents and approve the recommendation. Seconded by Resnick. Motion carried 6-0. Library Staffing: City Manager recommending approval of a staffing reorganization at the Carnegie Stout Public Library in addition to the staff previously approved by the City Council during the Fiscal Year 2011 budget process. Motion by Connors to receive and file the docu- ments and approve the recommendation. Seconded by Jones. Motion carried 6-0. Secure Our Schools Grant: City Manager recommending approval of a U.S. Department of Justice Office of Community Oriented Policing Services grant application for funding of the Se- cure Our Schools Program. Motion by Jones to receive and file the documents and approve the recommendation. Seconded by Resnick. Responding to questions from City Council, Po- lice Chief Mark Dalsing stated that the grant would allow the public and parochial schools to finance on-going needs at one time. Motion carried 6-0. Clean Fuels and State of Good Repair Federal Bus Grant Applications: City Manager re- commending approval of two grant requests – the State of Good Repair ($4,103,296) and Clean Fuels ($2,435,981) totaling $6.5 million to the Federal Transit Administration for new buses and equipment in partnership with East Central Intergovernmental Association and the Dubuque Community School District. Motion by Connors to receive and file the documents and approve the recommendation. Seconded by Braig. Motion carried 6-0. Tenth and Central Parking Ramp and Fire Headquarters Expansion Project: City Manager recommending award of the public improvement contract for the Tenth and Central Parking Ramp and Fire Headquarters Expansion Project to J.P. Cullen & Sons, Inc. of Janesville, Wis- consin in the amount of $7,712,379. Motion by Jones to receive and file the documents and adopt Resolution No. 246-10 Awarding public improvement contract for the Tenth and Central Parking Ramp and Fire Headquarters Expansion Project. Seconded by Connors. Motion car- ried 6-0. RESOLUTION NO. 246-10 th AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE 10 AND CENTRAL PARK- ING RAMP AND FIRE HEADQUARTERS EXPANSION PROJECT th Whereas, sealed proposals have been submitted by contractors for the 10 and Central Parking Ramp and Fire Headquarters Expansion Project (the Project) pursuant to Resolution No. 180-10 and Notice to Bidders published in a newspaper published in the City of Dubuque, th Iowa on the 11 day of June, 2010; and th Whereas, said sealed proposals were opened and read on the 29 day of June, 2010 and it has been determined that J.P Cullen & Sons, Inc. of Janesville, WI, with a bid in the amount of $7,712,379.00, is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: That a Public Improvement Contract for the Project is hereby awarded to J.P. Cullen & Sons, Inc. and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. 29 th Passed, approved and adopted this 6 day of July, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Eighth Street Parking: City Manager recommending approval of the addition of metered parking directly in front of the Grand Theater on Eighth Street. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Braig. Motion carried 6-0. Motion by Connors for final consideration and passage of Ordinance No. 37-10 Amending the City of Dubuque Code of Ordinances Section 9-14-321-602 (D)-Prohibited Parking on City Streets or Portions Thereof. Seconded by Braig. Motion carried 6-0. OFFICIAL PUBLICATION ORDINANCE NO. 37-10 AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES SECTION 9-14-321-602 (D)-PROHIBITED PARKING ON CITY STREETS OR PORTIONS THEREOF NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section1. Section 9-14-321-602 paragraph D is amended to read as follows: 9-14-321.602 (D) 8th Street, West, both sides, from a point one hundred forty six feet (146') west of the west property line of University Avenue to a point two hundred six feet (206') west of the west property line of University Avenue; from Locust Street to the alley west of Iowa Street, provided, however, it shall not be unlawful to stop, but only in the drop off areas provided, for the sole purpose of and for the time necessary to allow passengers to enter or exit a vehicle and during which time the vehicle shall not be unattended; north side, from Wilson Avenue to Roberts Avenue; south side, from Central Avenue to the alley immediately west thereof. th 8 Street from alley west of Iowa Street to Iowa Street from 5:00 P.M until 8:00 A.M. Monday through Saturday and 24 hours on Sunday (non-metered times) Section 2. This Ordinance shall take effect upon publication. th Passed, approved and adopted the 6 day of July, 2010. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 9 day of July, 2010. /s/Jeanne F. Schneider, CMC, City Clerk thth Green Alley Project – 15 to 16 Street from Washington to Elm Streets: City Manager re- th commending award of the public improvement contract for the Green Alley Project – 15 to th 16 Street from Washington to Elm Streets to Connolly Construction in the amount of $154,046.52. Motion by Braig to receive and file the documents and adopt Resolution No. 247- thth 10 Awarding public improvement contract for the Green Alley Project – 15 to 16 Street from Washington to Elm Streets. Seconded by Jones. Motion carried 6-0. 30 RESOLUTION NO. 247-10 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE GREEN ALLEY PROJECT THTH (15 – 16, BETWEEN WASHINGTON & ELM STREETS) Whereas, sealed proposals have been submitted by contractors for the Green Alley Project thth (15 – 16, between Washington & Elm Streets) (the Project) pursuant to Resolution No. 179- 10 and Notice to Bidders published in a newspaper published in the City of Dubuque, Iowa, on th the 11 day of June, 2010; and th Whereas, said sealed proposals were opened and read on the 24 day of June, 2010 and it has been determined that Connolly Construction, Inc. of Peosta, Iowa, with a bid in the amount of $154,046.52, is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: That a Public Improvement Contract for the Project is hereby awarded to Connolly Con- struction, Inc. and the City Manager is hereby directed to execute a Public Improvement Con- tract on behalf of the City of Dubuque for the Project. th Passed, approved and adopted this 6 day of July, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Dubuque Regional Airport – Jet Drive Resurfacing Project: City Manager recommending award of the public improvement contract for the Dubuque Regional Airport – Jet Drive Resur- facing Project to Eastern Iowa Excavating and Concrete, LLC in the amount of $79,633.50. Motion by Connors to receive and file the documents and adopt Resolution No. 248-10 Award- ing public improvement contract for the Dubuque Regional Airport – Jet Drive Resurfacing Project. Seconded by Braig. Motion carried 6-0. RESOLUTION NO. 248-10 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE DUBUQUE REGIONAL AIR- PORT JET CENTER DRIVE RESURFACING PROJECT Whereas, sealed proposals have been submitted by contractors for the Dubuque Regional Airport Jet Center Drive Resurfacing Project (the Project) pursuant to Resolution No. 177-10 and Notice to Bidders published in a newspaper published in the City of Dubuque, Iowa, on the th 11 day of June, 2010; and th Whereas, said sealed proposals were opened and read on the 24 day of June, 2010 and it has been determined that Eastern Iowa Excavating & Concrete, LLC of Cascade, Iowa, with a bid in the amount of $79,633.50, is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: That a Public Improvement Contract for the Project is hereby awarded to Eastern Iowa Ex- cavating & Concrete, LLC and the City Manager is hereby directed to execute a Public Im- provement Contract on behalf of the City of Dubuque for the Project. th Passed, approved and adopted this 6 day of July, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk IA 32 Geometric and Signalization Improvements – US 20 to JFK Road Project: City Man- ager recommending award of the public improvement contract for the IA 32 Geometric and Signalization Improvements – US 20 to JFK Road Project to Portzen Construction, Inc. in the amount of $649,793.80. Motion by Lynch to receive and file the documents and adopt Resolu- 31 tion No. 249-10 Awarding public improvement contract for the IA 32 Geometric and Signaliza- tion Improvements – US 20 to JFK Road Project. Seconded by Connors. Motion carried 6-0. RESOLUTION NO. 249-10 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE IA 32 GEOMETRIC AND SIGNALIZATION IMPROVEMENTS PROJECT, US 20 TO JOHN F. KENNEDY ROAD, IOWA DOT PROJECT NO. STP-A-32-1(29)--86-31 Whereas, sealed proposals have been submitted by contractors for the IA 32 Geometric and Signalization Improvements Project, US 20 to John F. Kennedy Road, Iowa DOT Project No. STP-A-32-1(29)--86-31 (the Project) pursuant to Resolution No. 178-10 and Notice to Bidders th published in a newspaper published in the City of Dubuque, Iowa, on the 11 day of June, 2010. Whereas, said sealed proposals were opened and read by the Iowa Department of Trans- th portation on the 15 day of June, 2010 and it has been determined that Portzen Construction, Inc. of Dubuque, Iowa, with a bid in the amount of $649,793.80 is the lowest responsive, re- sponsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: That a Public Improvement Contract for the Project is hereby awarded to Portzen Construc- tion, Inc., subject to the concurrence by Iowa Department of Transportation (Iowa DOT), and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. th Passed, approved and adopted this 6 day of July, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Kaufmann Avenue Resurfacing Project: City Manager recommending that the competitive bids received for the Kaufmann Avenue Resurfacing Project be rejected. Motion by Jones to receive and file the documents and adopt Resolution No. 250-10 Rejecting all competitive bid proposals received for the Kaufmann Avenue HMA Resurfacing Project (John F. Kennedy Road to Chaney), Iowa DOT Project No. STP-U-2100 (651)—70-31. Seconded by Braig. Mo- tion carried 6-0. RESOLUTION NO. 250-10 REJECTING ALL COMPETITIVE BID PROPOSALS RECEIVED FOR THEKAUFMANN AVENUE HMA RESURFACING PROJECT (J.F. KENNEDY ROAD TO CHANEY), IOWA DOT PROJECT NO. STP-U-2100 (651)--70-31 Whereas, competitive sealed bid proposals have been submitted by contractors for the Kaufmann Avenue HMA Resurfacing Project (J.F. Kennedy Road to Chaney), Iowa DOT Project No. STP-U-2100(651)--70-31, (the Project) pursuant to Resolution No. 162-10 and No- st tice to Bidders published in a newspaper published in the City of Dubuque, Iowa, on the 21 day of May, 2010; and Whereas, said competitive sealed bid proposals for the Project were opened and read by th the Iowa Department of Transportation on the 15 day of June, 2010; and Whereas, the City Council has deemed it advisable to reject all competitive bid proposals for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. All of the bid proposals for the Project are hereby rejected. 32 th Passed, approved and adopted this 6 day of July, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Water Quality Monitoring 28E Agreement: City Manager recommending approval of a 28E Agreement with the Dubuque Soil and Water Conservation District for the purpose of collecting water quality data throughout the Catfish Creek Watershed Basin. Motion by Lynch to receive and file the documents and adopt Resolution No. 251-10 Authorizing the execution of a 28E Agreement with the Dubuque Soil and Water Conservation District regarding the water sam- pling of streams within the Catfish Creek Watershed Basin. Seconded by Braig. Responding to questions from City Council, City Engineer Gus Psihoyos stated that the partnership includes on-site sample collection and may initiate additional funding opportunities through the IDNR. Motion carried 6-0. RESOLUTION NO. 251-10 AUTHORIZING THE EXECUTION OF A 28E AGREEMENT WITH THE DUBUQUE SOIL AND WATER CONSERVATION DISTRICT REGARDING THE WATER SAMPLING OF STREAMS WITHIN THE CATFISH CREEK WATERSHED BASIN Whereas, the City of Dubuque’s MS4 permit requires a watershed management and illicit discharge detection and elimination program; and Whereas, both activities include collecting and analyzing water quality samples; and Whereas, the Catfish Creek Watershed Basin extends beyond the City limits and the health of the watershed is impacted by what occurs both inside and outside the City limits; and Whereas, a partnership with the Dubuque Soil and Water Conservation District allows both parties access to water quality data for a better understanding of the health of the streams within the Catfish Creek Watershed Basin. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: The Mayor is hereby authorized to sign the 28E Agreement provided by the Dubuque Soil and Water Conservation District in the form attached hereto. th Passed, approved and adopted this 6 day of July, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Request for Proposal – Iowa Finance Authority: City Manager recommending approval of the issuance of a Request for Proposal for the $4,477,500 low-interest loan pool provided to the City by the Iowa Finance Authority for the creation of workforce housing units in the Histor- ic Millwork District. Motion by Jones to receive and file the documents and adopt Resolution No. 252-10 Approving a request for proposal for the Local Revolving Loan Fund for workforce and market-rate housing in the Historic Millwork District. Seconded by Braig. Responding to questions from City Council, Economic Development Director Dave Heiar addressed unit square footage and stated that this program is geared toward the Millwork District housing on- ly. Motion carried 6-0. 33 RESOLUTION NO. 252-10 APPROVING A REQUEST FOR PROPOSALS FOR THE LOCAL REVOLVING LOAN FUND FOR WORKFORCE AND MARKET RATE HOUSING IN THE HISTORIC MILLWORK DIS- TRICT Whereas, the City has approved a loan agreement with the Iowa Finance Authority to create a state pool of funding to address the shortage of workforce housing; and Whereas, the Iowa Finance Authority has established a pool of funds to establish a low in- terest loan program to assist in the creation of workforce housing; and Whereas, the low interest loan program would provide funds to assist Millwork District projects in creating workforce (120% of area median income and below) and market rate hous- ing; and Whereas, the City of Dubuque, Iowa, is seeking proposals from developers to use the fund- ing to encourage workforce and market-rate housing in the Historic Millwork District. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the attached RFP is hereby approved. Section 2. That the City Manager is hereby authorized to release the attached RFP to seek proposals from interested developers. th Passed, approved, and adopted this 6 day of July, 2010. Roy D. Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk Bee Branch Right-of-Way: City Manager recommending approval of a term sheet that would be the basis of a revised Development Agreement with Highway 151/61 Development Group for acquiring additional right-of-way through the former Pack site for the Bee Branch Creek Restoration Project. Motion by Connors to receive and file the documents and approve the recommendation. Seconded by Jones. Motion carried 6-0. COUNCIL MEMBER REPORTS Jones acknowledged the hard work of the emergency response staff who attended to those injured at the Independence Day parade accident in Bellevue and expressed the Council’s sympathy. nd Connors invited citizens to look at the attractiveness of the 32 Street Detention Basin. Connors also asked that staff follow up and review mitigation of run-off caused by fund-raising and commercial car washes as requested in previous communications from the Environmental Stewardship Advisory Commission. Buol thanked the sponsors and volunteers who planned and participated in the fireworks display on July 3 and read a thank-you letter from Ted and Rose White about the event into the record. There being no further business, upon motion the City Council adjourned at 8:20 p.m. /s/Jeanne F. Schneider, CMC City Clerk 34