Loading...
9 20 10 Ctiy Council Proceedings Official CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on September 20, 2010 in the Historic Federal Building. Present: Mayor Pro-Tem Braig, Council Members Connors, Jones, Lynch, Resnick, Voetberg (via telephone), City Manager Van Milligen, Assistant City Attorney O’Brien Absent: Mayor Buol Mayor Pro-Tem Braig 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 Sister Dolores McHugh, BVM, Sisters of Charity of the Blessed Virgin Mary PROCLAMATIONS Constitution Week (September 17 – 23, 2010) was accepted by Eileen Coursey, Daughters of the American Revolution, 2222 Central Avenue; Crop Walk Day in Dubuque (October 3, 2010) was accepted by Dorothy Krayer, 1205 Park Street.; Arts and Humanities Month (October 2010) was accepted by Arts and Cultural Affairs Advisory Commission Chairperson Geri Shafer, 1207 Adeline Street, and representatives of the Dubuque Youth Ballet; and Make a Will Month (October 2010) was accepted by Make a Will Month Committee Members Ric Jones, 1370 Dunleith Ct.; Joan Ness, 7638 N. Indian Ridge Road, E. Dubuque, IL; and Dave Schmitz, 1317 Curtis Street. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated with Item #22 Alcohol Compliance - Civil Penalty for Lot One being removed from the agenda. Seconded by Resnick. Motion carried 6-0. Minutes and Reports Submitted: Airport Commission of 8/2 and 8/16; Arts and Cultural Affairs Advisory Commission of 7/27; Cable Community Teleprogramming Commission of 8/26; City Council of 9/7; Environmental Stewardship Advisory Commission of 9/7; Park and Recreation Commission of 8/10; Transit Board of Trustees of 8/12; Zoning Advisory Commission of 9/1; Zoning Board of Adjustment of 8/26 Proof of publication of the List of Claims and Summary of Revenues for month ended July 31, 2010 Upon motion the documents were received and filed. Notice of Claims/Suits: Susan M. Schetgen for personal injury; Uneka Lewis vs. City of Dubuque, et al. Upon motion the documents were received, filed and referred to the City Attorney. City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Micah Mork for property damage/vehicle damage; Susan Schetgen for personal injury; Brandon Priem for property damage. Upon motion the documents were received, filed, and concurred. Montrose Terrace Stairs Reconstruction Project: City Manager recommending acceptance of the Montrose Terrace Stairs Reconstruction Project as completed by Max Smith Construction in the final contract amount of $46,880.80. Upon motion the documents were received and filed and Resolution No. 361-10 Accepting the Montrose Terrace Stairs Reconstruction Project and authorizing payment of the contract amount to the contractor was adopted. RESOLUTION NO. 361-10 ACCEPTING THE MONTROSE TERRACE STAIRS RECONSTRUCTION PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Montrose Terrace Stairs Reconstruction Project (the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the Montrose Steps Reconstruction Project, Steps, Railing, Fencing, and Sidewalk Program, City- Owned appropriations for the contract amount of $46,880.80 less any retained percentage provided for therein as provided in Iowa Code Chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code Chapter 573. th Passed, approved and adopted this 20 day of September, 2010. Karla A. Braig, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE MONTROSE TERRACE STAIRS RECONSTRUCTION PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Montrose Terrace Stairs Reconstruction Project, that the Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $56,993.40. th Dated this 15 day of September, 2010. Gus Psihoyos, City Engineer th Filed in the office of the City Clerk on the 15 day of September, 2010. Jeanne F. Schneider, CMC, City Clerk McAleece Parking Lot Reconstruction Project: City Manager recommending acceptance of the McAleece Parking Lot Reconstruction Project as completed by River City Paving in the final contract amount of $233,866.45. Upon motion the documents were received and filed and Resolution No. 362-10 Accepting the McAleece Parking Lot Reconstruction Project and authorizing payment of the contract amount to the contractor was adopted. 2 RESOLUTION NO. 362-10 ACCEPTING THE MCALEECE PARK AND RECREATION COMPLEX PARKING LOT RECONSTRUCTION PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the McAleece Park and Recreation Complex Parking Lot Reconstruction Project (the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the McAleece Park and Recreation Complex Re-Construct Parking Lots appropriation for the contract amount of $233,866.45 less any retained percentage provided for therein as provided in Iowa Code Chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code Chapter 573. th Passed, approved and adopted this 20 day of September, 2010. Karla A. Braig, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE MCALEECE PARK AND RECREATION COMPLEX PARKING LOT RECONSTRUCTION PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the McAleece Park and Recreation Complex Parking Lot Reconstruction Project, that the Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $242,417.47. th Dated this 15 day of September, 2010. Gus Psihoyos, City Engineer th Filed in the office of the City Clerk on the 15 day of September, 2010. Jeanne F. Schneider, CMC, City Clerk thth Utility Relocation Project – 9 to 10 Street on Central Avenue: City Manager thth recommending acceptance of the Utility Relocation Project – 9 to 10 Street on Central Avenue as completed by Top Grade Excavating, Inc., in the final contract amount of $727,373.48. Upon motion the documents were received and filed and Resolution No. 363-10 thth Accepting the Utility Relocation Project – 9 to 10 Street on Central Avenue and authorizing payment of the contract amount to the contractor was adopted. RESOLUTION NO. 363-10 THTH ACCEPTING THE UTILITY RELOCATION PROJECT – 9 TO 10 STREET: SANITARY SEWER, 20-INCH TRANSMISSION WATERMAIN, AND FIBER OPTIC CONDUIT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR thth Whereas, the Public Improvement Contract for the Utility Relocation Project – 9 to 10 Street: Sanitary Sewer, 20-Inch Transmission Watermain, and Fiber Optic Conduit (the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public 3 Improvement Contract and that the City Engineer recommends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the Sanitary Sewer Construction Funds, General Storm Sewer Repairs, Traffic Conduit & Foundations, Fiber Optic Conduit & Structures, Street Lighting, and Water Construction Funds appropriations for the contract amount of $727,373.48 less any retained percentage provided for therein as provided in Iowa Code Chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code Chapter 573. th Passed, approved and adopted this 20 day of September, 2010. Karla A. Braig, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE UTILITY THTH RELOCATION PROJECT – 9 TO 10 STREET: SANITARY SEWER, 20-INCH TRANSMISSION WATERMAIN, AND FIBER OPTIC CONDUIT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has thth inspected the Utility Relocation Project – 9 to 10 Street: Sanitary Sewer, 20-Inch Transmission Watermain, and Fiber Optic Conduit, that the Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $887,581.95. th Dated this 15 day of September, 2010. Gus Psihoyos, City Engineer th Filed in the office of the City Clerk on the 15 day of September, 2010. Jeanne F. Schneider, CMC, City Clerk Historic White Water Creek Bridge Relocation Project – Phase I: City Manager recommending acceptance of the Historic White Water Creek Bridge Relocation Project – Phase I as completed by Goodwin House Moving, Inc., in the final contract amount of $19,500. Upon motion the documents were received and filed and Resolution No. 364-10 Accepting the White Water Creek Bridge Relocation Project – Phase I and authorizing payment of the contract amount to the contractor was adopted. RESOLUTION NO. 364-10 ACCEPTING THE HISTORIC WHITE WATER CREEK BRIDGE RELOCATION PROJECT, PHASE I - BRIDGE RELOCATION TO DUBUQUE INDUSTRIAL CENTER WEST AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Historic White Water Creek Bridge Relocation Project, Phase I - Bridge Relocation to Dubuque Industrial Center West (the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the White 4 Water Creek Bridge Relocation capital improvement appropriation for the contract amount of $19,500.00 less any retained percentage provided for therein as provided in Iowa Code Chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code Chapter 573. th Passed, approved and adopted this 20 day of September, 2010. Karla A. Braig, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE HISTORIC WHITE WATER CREEK BRIDGE RELOCATION PROJECT, PHASE I - BRIDGE RELOCATION TO DUBUQUE INDUSTRIAL CENTER WEST The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Historic White Water Creek Bridge Relocation Project, Phase I - Bridge Relocation to Dubuque Industrial Center West, that the Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $23,500.00. th Dated this 15 day of September, 2010. Gus Psihoyos, City Engineer th Filed in the office of the City Clerk on the 15 day of September 2010. Jeanne F. Schneider, CMC, City Clerk Historic White Water Creek Bridge Relocation Project – Phase II: City Manager recommending acceptance of the White Water Creek Bridge Relocation Project – Phase II as completed by Heiar Painting Company in the final contract amount of $54,860. Upon motion the documents were received and filed and Resolution No. 365-10 Accepting the White Water Creek Bridge Relocation Project – Phase II and authorizing payment of the contract amount to the contractor was adopted. RESOLUTION NO. 365-10 ACCEPTING THE HISTORIC WHITE WATER CREEK BRIDGE RELOCATION PROJECT, PHASE II - LEAD PAINT REMOVAL, CLEANING AND PAINTING AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Historic White Water Creek Bridge Relocation Project, Phase II - Lead Paint Removal, Cleaning and Painting (the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the White Water Creek Bridge Relocation capital improvement appropriation for the contract amount of $54,860.00 less any retained percentage provided for therein as provided in Iowa Code Chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code Chapter 573. th Passed, approved and adopted this 20 day of September, 2010. Karla A. Braig, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk 5 CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE HISTORIC WHITE WATER CREEK BRIDGE RELOCATION PROJECT, PHASE II - LEAD PAINT REMOVAL, CLEANING AND PAINTING The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Historic White Water Creek Bridge Relocation Project, Phase II - Lead Paint Removal, Cleaning and Painting, that the Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $57,860.00. th Dated this 15 day of September, 2010. Gus Psihoyos, City Engineer th Filed in the office of the City Clerk on the 15 day of September 2010. Jeanne F. Schneider, CMC, City Clerk Southwest Arterial Project – Consultant Professional Services – Supplemental Agreement: City Manager recommending approval of the execution of the Consultant Professional Services – Supplemental Agreement with AECOM Technical Services, Inc. for the final engineering design phase of the Southwest Arterial project, subject to the concurrence of the Iowa Department of Transportation. Upon motion the documents were received and filed and Resolution No. 366-10 Approving the Consultant Professional Services – Supplemental Agreement No. 5 with AECOM Technical Services, Inc. for the final engineering design phase of the Southwest Arterial project was adopted. RESOLUTION NO. 366-10 APPROVING THE CONSULTANT PROFESSIONAL SERVICES – SUPPLEMENTAL AGREEMENT NO. 5 BETWEEN AECOM TECHNICAL SERVICES, INC. AND THE CITY OF DUBUQUE FOR THE FINAL ENGINEERING DESIGN PHASE OF THE SOUTHWEST ARTERIAL PROJECT. Whereas, the City of Dubuque is proceeding with the Southwest Arterial Project, from U.S. Highway 20 to U.S. Highway 151/61, in Dubuque, Iowa; and Whereas, as a result of ongoing design reviews, recent geotechnical findings and recommendations outlined in the Value Engineering study, several modifications to the previous preliminary plans were developed; and Whereas, as a result of the proposed design and plan modifications, the Consultant Professional Services - Supplemental Agreement authorizes AECOM to provide the revised scope of services to continue to advance the completion of the final engineering design phase. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That said Consultant Professional Services - Supplemental Agreement between AECOM Technical Services, Inc., and the City of Dubuque for the final engineering design phase of the Southwest Arterial project is hereby approved, subject to the concurrence of the Iowa Department of Transportation. Section 2. That the Mayor be authorized and directed to execute three copies of said Consultant Professional Services - Supplemental Agreement with AECOM Technical Services, Inc., for the final engineering design phase of the Southwest Arterial project. th Passed, approved and adopted this 20 day of September, 2010. Karla A. Braig, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk 6 US 151/61 Twin Valley and Maquoketa Drive Safety Improvements: City Manager recommending approval of the issuance of a Request for Proposals (RFP) for consultant services regarding the US 151/61 Twin Valley and Maquoketa Drive Safety Improvements Project. Upon motion the documents were received, filed, and approved. Structural/Stability Analysis of the Dubuque Levee and Floodwall System: City Manager recommending approval of the selection of GEI Consultants to provide a structural/stability analysis of the Dubuque levee and floodwall system. Upon motion the documents were received, filed, and approved. Safe Routes to School Program Funding: City Manager recommending approval of the submission of an application to the Iowa Department of Transportation for a $69,308 Safe Routes to School Infrastructure Grant. Upon motion the documents were received and filed and Resolution No. 367-10 Authorizing the filing of an application with the Iowa Department of Transportation for Safe Routes to School Infrastructure Grant Funding for the City of Dubuque was adopted. RESOLUTION NO. 367-10 AUTHORIZING THE FILING OF AN APPLICATION WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR SAFE ROUTES TO SCHOOL INFRASTRUCTURE GRANT FUNDING FOR THE CITY OF DUBUQUE Whereas, pedestrian/motorist safety could be improved in City of Dubuque school zones by traffic control devices; and Whereas, the City of Dubuque has determined that improvements to school zones, as recommended by the Safe Routes to School Master Plan and Committee Members (City, County, ECIA, Dubuque Community School District, and Holy Family School Representatives) will improve pedestrian and motorist safety; and Whereas, the Iowa Department of Transportation provides, on a competitive basis, funds for school zones that address pedestrian/motorist safety improvements; and Whereas, the City of Dubuque is willing to commit the necessary local matching fund for project implementation and upon completion, in cooperation with the Iowa Department of Transportation, be responsible for maintaining and operating the public improvements for a minimum of 10 years. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, THAT: Section 1. The City makes application to the Iowa Department of Transportation for funds through the Safe Routes to School Infrastructure Grant Program to fund the improvements at school locations identified by the Safe Routes to School Master Plan. th Passed, approved and adopted this 20 day of September, 2010. Karla A. Braig, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk Five Points Traffic Signal Reconstruction Project: City Manager recommending that the bids received for the Five Points Traffic Signal Reconstruction Project be rejected. Upon motion the documents were received and filed and Resolution No. 368-10 Rejecting all competitive bids received for the Five Points Traffic Signal Reconstruction Project was adopted. 7 RESOLUTION NO. 368-10 REJECTING ALL COMPETITIVE BID PROPOSALS RECEIVED FOR THE5-POINTS TRAFFIC SIGNAL RECONSTRUCTION PROJECT Whereas, competitive sealed bid proposals have been submitted by contractors for the 5- Points Traffic Signal Reconstruction Project and Notice to Bidders published in a newspaper th published in the City of Dubuque, Iowa, on the 20 day of August, 2010; and Whereas, said competitive sealed bid proposals for the Project were opened and read by th the City of Dubuque on the 9 day of September, 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 DUBUQUE, IOWA: Section 1. All of the bid proposals for the Project are hereby rejected. th Passed, approved and adopted this 20 day of September, 2010. Karla A. Braig, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk Arts and Economic Prosperity IV Study: City Manager recommending approval of an agreement with Americans for the Arts to conduct an Arts Economic Impact Study in Dubuque. Upon motion the documents were received, filed, and approved. Smart Planning Grant Application: City Manager recommending approval of a letter of support to the Rebuild Iowa Office for a joint Smart Planning Local Comprehensive Planning Grant Application. Upon motion the documents were received and filed and Resolution No. 369-10 Authorizing Smart Planning Grant Application was adopted. RESOLUTION NO. 369-10 AUTHORIZING SMART PLANNING GRANT APPLICATION Whereas, the Rebuild Iowa Office has solicited proposals for the Iowa Smart Planning Local Comprehensive Planning Grant Program that assists communities, counties, and regions as they develop forward-thinking comprehensive plans; and Whereas, the City of Dubuque plans to update the 2008 Comprehensive Plan; and Whereas, the City of Dubuque acknowledges the requirements of the Local Comprehensive Planning Grant Program as specified in the Iowa Smart Planning: Local Comprehensive Planning Grant Program Application Guidelines and understands the importance and benefits of comprehensive planning. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, in cooperation with Neighboring Jurisdictions in Dubuque County, hereby agrees to apply for a grant through the Local Comprehensive Planning Grant Program for the development of an updated comprehensive plan. th Passed, approved and adopted this 20 day of September 2010. Karla A. Braig, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk Authorizing Resolutions for Federal Transit Administration (FTA) Applications: City Manager recommending approval of a corrected Authorization Resolution for FTA Applications 2010 which is necessary for the Federal Transit Authority to release KeyLine Transit’s federal funding. Upon motion the documents were received and filed and Resolution No. 370-10 8 Authorizing the filing of applications with the Federal Transit Administration, an operating administration of the United States Department of Transportation, for federal transportation assistance authorized by 48 U.S.C. Chapter 53, Title 23 United States Code and other federal statutes administered by the Federal Transit Administration was adopted. RESOLUTION NO. 370-10 AUTHORIZING THE FILING OF APPLICATIONS WITH THE FEDERAL TRANSIT ADMINISTRATION, AN OPERATING ADMINISTRATION OF THE UNITED STATES DEPARTMENT OF TRANSPORTATION, FOR FEDERAL TRANSPORTATION ASSISTANCE AUTHORIZED BY 49 U.S.C. CHAPTER 53, TITLE 23 UNITED STATES CODE AND OTHER FEDERAL STATUES ADMINISTERED BY THE FEDERAL TRANSIT ADMINISTRATION Whereas, the Federal Transit Administration has been delegated authority to award Federal financial assistance for a transportation project; and Whereas, the grant or cooperative agreement for Federal Financial assistance will impose certain obligations upon the Applicant, and may require the Applicant to provide the local share of the project cost; and Whereas, the Applicant has or will be required to provide all annual certifications and assurances to the Federal Transit Administration required for the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA AS FOLLOWS: Section 1. The Mayor of the City of Dubuque or his/her designee is authorized to execute and file application for Federal assistance on behalf of the City of Dubuque d.b.a. KeyLine Transit with the Federal Transit Administration for Federal Assistance authorized by 49 U.S.C. Chapter 53, Title 23, United States Code, or other Federal statutes authorizing a project administered by the Federal Transit Administration. Section 2. The Mayor of the City of Dubuque or his/her designee is authorized to execute and file with the City’s application the annual certification and assurances and other documents the Federal Transportation Administration requires before awarding a Federal assistance grant or cooperative agreement. Section 3: The Mayor of the City of Dubuque or his/her designee is hereby authorized and directed to execute said grant and cooperative agreements with the Federal Transit Administration on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest his/her such signature. th Passed, approved and adopted this 20 day of September, 2010. Karla A. Braig, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk 2010 Justice Assistance Grant (JAG): City Manager recommending acceptance of the 2010 Justice Assistance Grant (JAG) in the amount of $85,521. Upon motion the documents were received, filed, and approved. Consolidated Annual Performance and Evaluation Report (CAPER): City Manager recommending approval of the submission of the Consolidated Annual Performance and Evaluation Report (CAPER) to the U.S. Department of Housing and Urban Development Department for the period of July 1, 2009 through June 30, 2010. Upon motion the documents were received and filed and Resolution No. 371-10 Authorizing the submission of a Consolidated Annual Performance and Evaluation Report (CAPER) for the period commencing July 1, 2009 and concluding June 30, 2010, was adopted. 9 RESOLUTION NO. 371-10 AUTHORIZING THE SUBMISSION OF A CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) FOR THE PERIOD COMMENCING JULY 1, 2009 AND CONCLUDING JUNE 30, 2010 Whereas, the City of Dubuque, Iowa, is an entitlement grant recipient under the Community Development Block Grant (CDBG) Program of the U.S. Department of Housing and Urban Development (HUD); and Whereas, the City of Dubuque, Iowa, was awarded Community Development Block Grant Recovery (CDBG-R) funds and Homelessness Prevention and Rapid Re-Housing Program (HPRP) funds in FY 2009; and Whereas, the CDBG regulations require that no later than ninety (90) days after the completion of a program year, each entitlement recipient must submit a performance and evaluation report, Consolidated Annual Performance and Evaluation Report (CAPER); and Whereas, the City has 1) prepared a CAPER for the program year commencing July 1, 2009 and concluding June 30, 2010; 2) published notice of availability of the CAPER in the Telegraph Herald and City of Dubuque website on August 20, 2010; 3) made copies of the CAPER available for public review at the Carnegie Stout Public Library, City Hall, Housing and Community Development Department and City of Dubuque website; 4) held a public hearing pursuant to published notice before the Community Development Advisory Commission on September 7, 2010; and Whereas, the Community Development Advisory Commission has voted to approve the CAPER and to recommend City Council approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Consolidated Annual Performance and Evaluation Report (CAPER) for the period commencing July 1, 2009 and concluding June 30, 2010 is hereby approved for submission. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to execute the Consolidated Annual Performance and Evaluation Report (CAPER) on behalf of the City of Dubuque, Iowa. Section 3. That the City Manager is hereby authorized and directed to submit the Consolidated Annual Performance and Evaluation Report (CAPER) to the U.S. Department of Housing and Urban Development. th Passed, approved and adopted this 20 day of September, 2010. Karla A. Braig, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk Area Residential Care Partnership: City Manager recommending approval of pursuing a Revitalize Iowa Infrastructure Program grant to help fund a west side Keyline transfer center in partnership with Area Residential Care. Upon motion the documents were received, filed, and approved. Washington Neighborhood / Housing Trust Fund Application: City Manager recommending approval of the submission of a Housing Trust Fund Grant Application to the Iowa Finance Authority in the amount of $157,250 for continued support of homeownership activities in the Washington Neighborhood. Upon motion the documents were received and filed and Resolution No. 372-10 Approving commitment of matching funds for an application to the Iowa Finance Authority (IFA) for State Housing Trust Funds was adopted. 10 RESOLUTION NO. 372-10 APPROVING COMMITMENT OF MATCHING FUNDS FOR AN APPLICATION TO THE IOWA FINANCE AUTHORITY (IFA) FOR STATE HOUSING TRUST FUNDS Whereas, the Iowa Finance Authority has recognized Dubuque’s Housing Trust Fund Committee as a certified Local Housing Trust Fund; and Whereas, IFA has made funding available in state-wide competition to local trust funds for State Housing Trust Fund grants, in amounts based on population size; and Whereas, a 25% local match is required for receipt of a funding award; and Whereas, the Housing Trust Fund Committee has authorized an application to IFA for a Housing Trust Fund award, in the amount of $157 250; and Whereas, General Funds committed to the Washington Neighborhood revitalization initiative are available in the current year Housing Department budget in sufficient amount to meet the matching funds requirement; and Whereas, other City funds have been committed to the Washington Neighborhood in support of the Housing Trust Fund’s initiative, including: Community Development Block Grant: $200 000 I-Jobs: $240 000 CDBG Rental Rehab: $40 000 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby approves commitment of $40,000 in current year General Funds as a match to the application for IFA State Housing Trust Funds. Section 2. That the Housing Trust Fund Committee, in accordance with Sec. 2-5D-7 of the Code of Ordinances, shall have final authority to direct how such funds shall be used in support of revitalization activities in the Washington Neighborhood. th Passed, approved and adopted this 20 day of September, 2010. Karla A. Braig, Mayor Pro-Tem Attest: Jeanne Schneider, CMC, City Clerk Homelessness Prevention and Rapid Re-Housing Program: City Manager transmitting the City’s response to the U.S. Department of Housing and Urban Development regarding three areas of improvement noted in the recent evaluation of the City’s Homelessness Prevention and Rapid Re-Housing Program. Upon motion the documents were received and filed. Dubuque County Board of Supervisors: Communication from the Dubuque County Board of Supervisors advising that a public hearing will be held on September 27, 2010 regarding a Social Host Ordinance for Dubuque County. Upon motion the document was received and filed. Alcohol Compliance – Civil Penalty for Lot One: City Manager recommending acceptance of the Acknowledgement/Settlement Agreement for a second offense alcohol compliance violation for Lot One, 100 Main Street. This item was removed from the agenda. Airport Commission: Communication from Sue Hafkemeyer advising that she is resigning from the Airport Commission. Upon motion the document was received and filed and the resignation accepted. Signed Contracts: Canadian National Railroad Track Easement Release and USTs at 11 Former Public Works Facility. Upon motion the documents were received and filed. Liquor License Transfer: Request of Rotary Club of Dubuque to transfer their liquor license to Kruse / Wartham, 600 Century Drive, on October 16, 2010. Upon motion the documents were received, filed, and approved. Liquor License Applications: City Manager recommending approval of annual liquor license renewals as submitted. Upon motion the documents were received and filed and Resolution No. 373-10 Granting the issuance of a Class “B” Beer Permit (5-Day Special Event) to Chad Remakel for the Josh Ryan Benefit; and Resolution No. 374-10 Granting the issuance of a Class “LB” (Hotel/Motel) Beer/Liquor License to Hilton Garden Inn/Houlihan Restaurant; a Class “C” Beer/Liquor License to Fiesta Cancun, The District, Grand River Center, Red Robin, Angie’s Bar, Fat Tuesday, Grand Tap, Happy’s Place and Knicker’s Saloon (1-Day Outdoor Sale); and a Special Class “C” Liquor License (5-Day Special Event) to Dubuque Jaycees were adopted. RESOLUTION NO. 373-10 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 DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS “B” BEER PERMIT (5-DAY SPECIAL EVENT) Chad Remakel Empire Diesel Performance/Josh Ryan Benefit 1055 Century Drive th Passed, approved and adopted this 20 day of September, 2010. Karla A. Braig, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 374-10 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 DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS “LB” (HOTEL/MOTEL) BEER/LIQUOR LICENSE Dubuque Casino Hotel Hilton Garden Inn/Houilhan’s 1795 Greyhound Drive Restaurant +(Sunday/Outdoor) CLASS “C” BEER/LIQUOR LICENSE Fiesta Cancun Mexican Fiesta Cancun Authentic Restaurant 2515 NW Arterial Restaurant (Sunday/Outdoor Sale) The District, Inc. The District+(Sunday Sale) 1700 Central Ave. 12 Platinum Hospitality Group Grand River Center+(Sunday Sale) 500 Bell St. Red Robin International Red Robin AM. Burgers 2775 NW Arterial +(Sunday /Outdoor Sale) Angela Mangeno Angie’s Bar +(Sunday Sale) 1401 Elm St. Ibrico, Inc. Fat Tuesday +(Sunday Sale) 1121 University Ave. James Kohl Grand Tap +(Sunday Sale) 802 Central Ave. P.M.S.T., Inc. Happy’s Place +(Sunday Sale) 2323 Rockdale Rd. Curtis L. Gerhard Knicker’s Saloon (1-Day Outdoor Sale) 2186 Central Ave. SPECIAL CLASS “C” LIQUOR LICENSE (5-DAY SPECIAL EVENT) Dubuque Jaycees Dubuque Jaycees Cable Car Square th Passed, approved and adopted this 20 day of September, 2010. Karla A. Braig, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk ITEMS TO BE SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, set the public hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Resnick. Motion carried 6-0. Request to Annex – John Knepper: City Manager recommending that a public hearing be set for October 18, 2010 to consider a request from John Knepper to voluntarily annex and rezone 2.79 acres of property on the south side of the City of Dubuque adjacent to Timber- Hyrst Subdivision. Upon motion the documents were received, filed, and approved setting a public hearing for a meeting to commence at 6:30 p.m. on October 18, 2010 in the Historic Federal Building. Request to Annex – Dubuque Metropolitan Area Solid Waste Agency: City Manager recommending that a public hearing be set for November 15, 2010 to consider a request from the Dubuque Metropolitan Area Solid Waste Agency to voluntarily annex and rezone 318.25 acres of property on the west side of the City of Dubuque. Upon motion the documents were received, filed, and approved setting a public hearing for a meeting to commence at 6:30 p.m. on November 15, 2010 in the Historic Federal Building. BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions: Airport Commission: One 4-year term through September 14, 2012 (Term of Czeshinski). Applicants: Dan Nicholson, 889 Walker Street; and Amy Wagner, 4555 Camelot Drive. Mr. Nicholson and Ms. Wagner spoke in support of their appointment. Environmental Stewardship Advisory Commission – Additional Applicants: One 3-year term through October 1, 2013 (Term of Suarez). Applicants: Will Hoyer, 486 Clarke Drive; Kenneth Miller, 195 Julien Dubuque Drive; Adita Sinha, 900 South Grandview Avenue; Stacy Splittstoesser, 1694 Radford Road, #18. Ms. Sinha and Ms. Splittstoesser spoke in support of their appointment. Appointments to the following Boards/Commissions: 13 Environmental Stewardship Advisory Commission: Two 3-year terms through October 1, 2013 (Terms of Buelow & Oberdoerster). Applicants: Michael Buelow, 2131 Graham Circle; and Chad Oberdoerster, 420 Summit Street. Motion by Lynch to appoint Michael Buelow and Chad Oberdoerster to the Environmental Stewardship Advisory Commission for 3-year terms through October 2, 2013. Seconded by Connors. Motion carried 6-0. Housing Commission: One 3-year term through August 17, 2013 (Term of Eddy). Applicant: Ricardo Woods, 1535 Bluff Street. Motion by Jones to appoint Ricardo Woods to the Housing Commission for one 3-year term through August 2013. Seconded by Resnick. Motion carried 6-0. Transit Advisory Board: One 3-year term through July 30, 2013 (Term of Scharnau). th Applicant: Rhonda Knight, 250 W. 6 Street. Motion by Connors to appoint Rhonda Knight to the Transit Advisory Board for one 3-year term through July 30, 2013. Seconded by Lynch. Motion carried 6-0. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone present to address the City Council. Request to Rezone – 5304 Pennsylvania Avenue: Proof of publication on notice of public hearing to consider a request from Bedrock Development, LLC / McFadden Family Partnership to rezone property located at 5304 Pennsylvania Avenue from AG Agricultural District to R-3 Moderate Density Multi-Family Residential District and Zoning Advisory Commission recommending approval. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Jones. Planning Services Manager Laura Carstens provided a staff report. Ed Graham, 1965 Firestone Drive, Bedrock Development, spoke in support of the request. Motion carried 6-0. Motion by Connors for final consideration and passage of Ordinance No. 53-10 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 5304 Pennsylvania Avenue from AG Agricultural District to R-3 Moderate Density Multi-Family Residential District. Seconded by Jones. Motion carried 6-0. OFFICIAL PUBLICATION ORDINANCE NO. 53-10 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 5304 PENNSYLVANIA AVENUE FROM AG AGRICULTURAL DISTRICT TO R-3 MODERATE DENSITY MULTI-FAMILY RESIDENTIAL DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is hereby amended by reclassifying the hereinafter-described property from AG Agricultural District to R-3 Moderate Density Multi-Family Residential District, to wit: Lot 1 of 1 NW ¼ NW ¼ Section 29 T89N R2E except the easterly 224 feet and the SW ¼ NW ¼ Section 29 T89N R2E, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory 14 Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. th Passed, approved and adopted this 20 day of September, 2010. /s/Karla A. Braig, Mayor Pro-Tem Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 24 day of September, 2010. /s/Jeanne F. Schneider, CMC, City Clerk Request for Text Amendment: Proof of publication on notice of public hearing to consider a request from the City of Dubuque to amend Article 5 – Unified Development Code to delete Personal Services as an allowed use in the C-2A Mixed Use Neighborhood District and C-2 Neighborhood Shopping Center District and Zoning Advisory Commission recommending approval. Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Lynch. Planning Services Manager Laura Carstens provided a staff report adding that personal services include health and beauty care services, which are provided for in other areas of the Unified Development Code. Motion carried 6-0. Motion by Jones for final consideration and passage of Ordinance No. 54-10 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by amending Article 5, Zoning Districts, to eliminate Personal Services as a permitted use in the C-2 Neighborhood Shopping Center and C-2A Mixed Use Neighborhood Districts. Seconded by Lynch. Motion carried 6-0. OFFICIAL PUBLICATION ORDINANCE NO. 54-10 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY AMENDING ARTICLE 5, ZONING DISTRICTS, TO ELIMINATE PERSONAL SERVICES AS A PERMITTED USE IN THE C-2 NEIGHBORHOOD SHOPPING CENTER AND C-2A MIXED USE NEIGHBORHOOD DISTRICTS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, Article 5.11.1 and 5.12.1 are hereby amended as follows: 5.11.1 14. Personal Services 5.12.1 7. Personal Services Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. th Passed, approved and adopted this 20 day of September, 2010. /s/Karla A. Braig, Mayor Pro-Tem Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 24 day of September, 2010. /s/Jeanne F. Schneider, CMC, City Clerk Petition to Vacate a Portion of Van Buren Street at Isborn Avenue: Proof of publication on notice of public hearing to consider vacating and disposing of a portion of Van Buren Street 15 right-of-way to David and Bambi Roth and City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 375-10 Approving the plat of proposed vacated portion of Van Buren Street east of Isborn Avenue; Resolution No. 376-10 Vacating a portion of Van Buren Street east of Isborn Avenue; and Resolution No. 377-10 Disposing of City interest in Lot 97A of Lenox Addition in the City of Dubuque, Dubuque County, Iowa. Seconded by Connors. Motion carried 6-0. RESOLUTION NO. 375-10 APPROVING THE PLAT OF PROPOSED VACATED PORTION OF VAN BUREN STREET EAST OF ISBORN AVENUE Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat rd dated the 23 day of August, 2010 prepared by Buesing & Associates, Inc., describing the proposed vacated portion of Van Buren Street east of Isborn Avenue to be known as Lot 97A of Lenox Addition in the City of Dubuque, Dubuque County, Iowa; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: rd Section 1. That the plat dated the 23 day of August, 2010 prepared by Buesing & Associates, Inc., relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, television cable, fiber optics and electric lines as may be authorized by the City of Dubuque, Iowa, as shown on the Plat of Survey of Lot 97A of Lenox Addition. Section 3. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa. th Passed, approved and adopted this 20 day of September, 2010. Karla A. Braig, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 376-10 VACATING A PORTION OF VAN BUREN STREET EAST OF ISBORN AVENUE Whereas, David H. Roth and Bambi L. Roth have requested the vacating of a portion of Van Buren Street east of Isborn Avenue; and Whereas, Buesing & Associates, Inc., has prepared and submitted to the City Council a plat showing the vacated portion of Van Buren Street east of Isborn Avenue and assigned a lot number thereto, which hereinafter shall be known and described as Lot 97A of Lenox Addition in the City of Dubuque, Dubuque County, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that Van Buren Street east of Isborn Avenue shown as Lot 97A of Lenox Addition is no longer required for public use, except for utility easements as noted on said plat, and vacating of said portion of the of Van Buren Street east of Isborn Avenue, known as Lot 97A of Lenox Addition in the City of Dubuque, Dubuque County, Iowa should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lot 97A of Lenox Addition in the City of Dubuque, Iowa, be and the same is hereby vacated. 16 Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, fiber optics, gas, telephone, television cable, and electric lines as may be authorized by the City of Dubuque, Iowa, as shown on the Plat of Survey of Lot 97A of Lenox Addition in the City of Dubuque, Dubuque County, Iowa. th Passed, approved and adopted this 20 day of September, 2010. Karla A. Braig, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 377-10 DISPOSING OF CITY INTEREST IN LOT 97A OF LENOX ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of th Dubuque, Iowa, on this 10 day of September, 2010, the City Council of the City of Dubuque, th Iowa, met on the 20 day of September, 2010, at 6:30 p.m. in the Historic Federal Building Council Chambers, 350 West 6th Street, Dubuque, Dubuque County, Iowa, to consider the proposal for the sale of real estate described as: Lot 97A of Lenox Addition in the City of Dubuque, Dubuque County, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa, overruled any and all objections, oral or written to the proposal to sell such real estate, except for easement as noted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the sale of City of Dubuque real property described as Lot 97A of Lenox Addition in the City of Dubuque, Dubuque County, Iowa, to David H. Roth and Bambi L. Roth be and the same is hereby approved for the sum of $300.00, plus the cost of platting, publication, and filing fees. Conveyance shall be by Quit Claim Deed. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, fiber optics, gas, telephone, television cable, and electric lines as may be authorized by the City of Dubuque, Iowa, as shown on the Plat of Survey of Lot 97A of Lenox Addition in the City of Dubuque, Dubuque County, Iowa. Section 3. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to David H. Roth and Bambi L. Roth upon receipt of the purchase price in full. Section 4. 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 Dubuque County Auditor. th Passed, approved and adopted this 20 day of September, 2010. Karla A. Braig, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk Bunker Hill Irrigation Renovation Project: Proof of publication on notice of public hearing to consider the plans and specifications, form of contract and estimated cost for the Bunker Hill Irrigation Renovation Project and City Manager recommending approval and award of the contract to Midwest Irrigation, LLC in the amount of $159,380. Motion by Jones to receive and file the documents and adopt Resolution No. 378-10 Approval of plans, specifications, form of 17 contract, and estimated cost for the Bunker Hill Irrigation Renovation Project; and Resolution No. 379-10 Awarding contract for the Bunker Hill Irrigation Renovation Project. Seconded by Connors. Motion carried 6-0. RESOLUTION NO. 378-10 ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 7th day of September, 2010, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Bunker Hill Golf Course Irrigation Renovation Project; and Whereas, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. th Passed, approved and adopted this 20 day of September, 2010. Karla A. Braig, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 379-10 AWARDING CONTRACT BUNKER HILL GOLF COURSE IRRIGATION RENOVATION PROJECT Whereas, sealed proposals have been submitted by contractors for the Bunker Hill Golf Course Irrigation Renovation Project pursuant to Resolution No. 346-10, and notice to bidders th published in a newspaper published in the City of Dubuque, Iowa, on the 9 day of September, 2010. th Whereas, said sealed proposals were opened and read on the 14 day of September, 2010, and it has been determined that the bid of Midwest Irrigation, LLC, in the amount of $159,380.00 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the plans and specifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above improvement be awarded to Midwest Irrigation, LLC, and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. th Passed, approved and adopted this 20 day of September, 2010. Karla A. Braig, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk Fiscal Year 2011 Budget – Second Amendment: Proof of publication on notice of public hearing to consider the second amendment to the Fiscal Year 2011 Budget and City Manager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 380-10 Amending the Fiscal Year 2011 Budget. Seconded by Jones. Motion carried 6-0. 18 RESOLUTION NO. 380-10 AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2011 (AS AMENDED LAST ON JULY 19, 2010) Be it Resolved by the Council of the City of Dubuque: Section 1. Following notice published and the public hearing held, 9/20/10 the current budget (as previously amended) is amended as set out herein and in the detail by fund type and activity that supports this resolution which was considered at that hearing: Total Budget Total Budget as certified Current after Current or last amended Amendment Amendment Revenues & Other Financing Sources Taxes Levied on Property 1 19,177,697 0 19,177,697 Less: Uncollected Property Taxes-Levy Year 2 0 0 0 Net Current Property Taxes 3 19,177,697 0 19,177,697 Delinquent Property Taxes 4 0 0 0 TIF Revenues 5 9,080,612 0 9,080,612 Other City Taxes 6 14,628,325 0 14,628,325 Licenses & Permits 7 1,187,750 0 1,187,750 Use of Money and Property 8 17,204,673 135,000 17,339,673 Intergovernmental 9 41,810,047 33,533,137 75,343,184 Charges for Services 10 29,537,134 739,427 30,276,561 Special Assessments 11 229,000 857,809 1,086,809 Miscellaneous 12 6,930,645 2,178,512 9,109,157 Other Financing Sources 13 51,008,769 45,711,134 96,719,903 Total Revenues and Other Sources 14 190,794,652 83,155,019 273,949,671 Expenditures & Other Financing Uses Public Safety 15 23,226,178 618,728 23,844,906 Public Works 16 11,236,376 1,129,909 12,366,285 Health and Social Services 17 864,254 98,118 962,372 Culture and Recreation 18 9,392,532 117,954 9,510,486 Community and Economic Development 19 11,678,675 380,312 12,058,987 General Government 20 6,912,832 272,989 7,185,821 Debt Service 21 5,716,743 90,974 5,807,717 Capital Projects 22 37,105,080 50,390,346 87,495,426 Total Government Activities Expenditures 23 106,132,670 53,099,330 159,232,000 Business Type / Enterprises 24 61,034,759 49,592,589 110,627,348 Total Gov Activities & Business Expenditures 25 167,167,429 102,691,919 269,859,348 Transfers Out 26 23,426,759 6,094,302 29,521,061 Total Expenditures/Transfers Out 27 190,594,188 108,786,221 299,380,409 Excess Revenues & Other Sources Over (Under) Expenditures/Transfers Out Fiscal Year 28 200,464 -25,631,202 -25,430,738 Continuing Appropriation 29 0 N/A 0 Beginning Fund Balance July 1 30 23,257,306 26,483,909 49,741,215 Ending Fund Balance June 30 31 23,457,770 852,707 24,310,477 19 th Passed this 20 day of September, 2010. Karla A. Braig, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk Sewer Revenue Capital Loan Notes: Proof of publication on notice of public hearing to consider the issuance of not to exceed $10,100,000 Sewer Revenue Capital Loan Notes and City Manager recommending approval. Motion by Jones to receive and file the documents and adopt Resolution No. 381-10 Instituting proceedings to take additional action for the authorization of a Loan and Disbursement Agreement and the issuance of not to exceed $10,100,000 Sewer Revenue Capital Loan Notes. Seconded by Connors. Motion carried 6-0. RESOLUTION NO. 381-10 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN AND DISBURSEMENT AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $10,100,000 STORM WATER UTILITY REVENUE CAPITAL LOAN NOTES Whereas, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the authorization of a Loan and Disbursement Agreement by and between the City and the Iowa Finance Authority and the issuance to the Iowa Finance Authority of not to exceed $10,100,000 Storm Water Utility Revenue Capital Loan Notes to evidence the obligations of the City under said Loan and Disbursement Agreement, for the purpose of paying costs of constructing storm water drainage projects and improvements, including those costs associated with the Lower Bee Branch Creek Restoration Project and the refinancing of a portion of the $1,889,521 General Obligation Capital Loan Notes Anticipation Project Note, Series 2006, dated December 28, 2006, issued in respect of such costs, and has considered the extent of objections received from residents or property owners as to said proposal and, accordingly the following action is now considered to be in the best interests of the City and residents thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council does hereby institute proceedings and takes additional action for the authorization of a Loan and Disbursement Agreement by and between the City and the Iowa Finance Authority and the issuance to the Iowa Finance Authority in the manner required by law of not to exceed $10,100,000 Storm Water Utility Revenue Capital Loan Notes for the foregoing purpose. Section 2. That the City Clerk, with the assistance of the City Attorney and bond counsel, is hereby authorized and directed to proceed with the preparation of such documents and proceedings as shall be necessary to authorize the City's participation in the SRF Loan Program, to select a suitable date for final Council authorization of the required Loan and Disbursement Agreement and issuance of the Notes to evidence the City's obligations thereunder, and to take such other actions as the Clerk shall deem necessary to permit the completion of a loan on a basis favorable to the City and acceptable to this Council. Section 3. That this Resolution be and does hereby serve as a declaration of official intent under Treasury Regulation 1.150-2, because the City reasonably expects to reimburse with the proceeds of the Notes, all or a portion of original expenditures incurred in connection with the above purposes. th Passed and approved this 20 day of September, 2010. 20 Karla A. Braig, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk Upon motion the rules were suspended limiting discussion to the City Council. ACTION ITEMS Implementation of Intercultural Competency Training: City Manager recommending approval of a pilot training program for implementation of the Intercultural Competency Training for Board and Commission members as recommended by the Safe Community Task Force. Motion by Connors to receive and file the documents and approve the recommendation. Seconded by Jones. Motion carried 6-0. Circles Program: City Manager advising that the City is going to begin implementing the Bridges Initiative, which is the umbrella concept that incorporates three programs: Bridges Out of Poverty training, Getting Ahead in a Just-Gettin’-By World training and the Circles Program, which is consistent with the Safe Community Task Force recommendation regarding a major City-wide human relations effort. Motion by Jones to receive and file the documents. Seconded by Connors. Motion carried 6-0. COUNCIL MEMBER REPORTS Jones thanked the representatives of the Dubuque Youth Ballet for attending and reported on the specifics of the state-of-the-art fire truck on display prior to the meeting. CLOSED SESSION Motion by Jones at 7:25 p.m. to go into closed session to discuss security procedures and emergency preparedness matters pursuant to Chapter 21.5(1) Code of Iowa. Seconded by Lynch. Motion carried 6-0. Upon motion the City Council reconvened in open session at 7:50 p.m. stating that staff had been given proper direction. There being no further business, upon motion the City Council adjourned at 7:51 p.m. /s/Jeanne F. Schneider, CMC City Clerk 21