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6 20 11 City Council Proceedings Official CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on June 20, 2011 in the His- toric Federal Building, 350 W. 6th Street. Present: Mayor Pro-Tem Sutton, Council Members, Braig, Connors, Jones, Lynch, Resnick, Assistant City Manager Steinhauser, City Attorney Lindahl Absent: Mayor Roy Buol, City Manager Van Milligen Mayor Pro-Tem Sutton read the call and stated this is a regular session of the City Council to act upon such business that may properly come before the City Council. Pledge of Allegiance Invocation was provided by Pastor Rex Rains of New Life Church. CONSENT ITEMS Motion by Jones to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Braig. Motion carried 6-0. Minutes and Reports Submitted: Cable Community Teleprogramming Commission of 5/3; City Council Proceedings of 6/6; Civil Service Commission of 5/5; Historic Preservation Com- mission Education Task Force of 6/1; Park and Recreation Advisory Commission of 5/10; Safe Community Advisory Committee of 5/11 and 6/8; Sister City Relationships Advisory Commis- sion of 6/8; Zoning Advisory Commission of 6/1; Zoning Board of Adjustment of 5/26 Carnegie-Stout Public Library Board of Trustees Update from Meeting of May 26, 2011 Proof of Publication for City Council Proceedings of May 16, 2011 Upon motion the documents were received and filed. Notice of Claims/Suits: Larry McDonough for vehicle damage; Wanda Schaller for personal injury; Kelly Jo Smith 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: Larry McDonough for ve- hicle damage; Tricia Mergen for vehicle damage; Kelly Jo Smith for vehicle damage. Upon mo- tion the documents were received, filed and concurred. Dubuque County Attorney: Communication from Assistant County Attorney Christine Corken thanking the City of Dubuque Police Department for their work related to the prosecution of Eddie Chest and Eddie Adams. Upon motion the document was received and filed. PEG Capital Grant Expenditure Request: City Manager recommending approval of a re- quest from the Cable TV Tele-Programming Commission for funding from the Public, Educa- tional, and Government (PEG) Capital Grant for Access Equipment and Facilities in the amount of $15,000 for a 64-bit, Windows 7-based non-linear editing system for the TV control room at the City Hall Annex, and $12,500 for a set of portable efficient LED lights for remote production. Upon motion the documents were received, filed, and approved. Specific and Aggregate Stop-Loss Renewal – Health and Prescription Drug: City Manager recommending approval of the renewal rates as submitted by HM Life for the City’s Specific and Aggregate Stop Loss Insurance – Health and Prescription Drug Plans. Upon motion the documents were received, filed, and approved. Park and Recreation Commission: Communication from Mark Noble submitting his resigna- tion from the Park and Recreation Commission due to a change in residency. Upon motion the document was received and filed and the resignation accepted. Investment Oversight Advisory Commission: Communication from Virgil Blocker submitting his resignation from the Investment Oversight Advisory Commission. Upon motion the docu- ment was received and filed and the resignation accepted. Sustainable Dubuque Project Status Report – May 2011: City Manager transmitting the Sus- tainable Dubuque Project Status Report for May 2011. Upon motion the documents were re- ceived and filed. Civil Service Commission: The Civil Service Commission submitting the certified list for the position of Serviceworker. Upon motion the document was received and filed and made a Mat- ter of Record. Purchase of Service Agreement – America’s River Corporation: City Manager submitting the Fiscal Year 2012 Purchase of Service Agreement with the America’s River Corporation in the amount of $10,000. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement – Dubuque Area Chamber of Commerce Convention and Visitors Bureau: City Manager submitting the Fiscal Year 2012 Purchase of Service Agreement with the Convention and Visitors Bureau in the amount of $823,109. Upon motion the docu- ments were received, filed, and approved. Purchase of Service Agreement – Dubuque Area Labor Management Council: City Manager submitting the Fiscal Year 2012 Purchase of Service Agreement with the Dubuque Area Labor Management Council in the amount of $30,000. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement – Dubuque Main Street: City Manager submitting the Fiscal Year 2012 Purchase of Service Agreement with Dubuque Main Street in the amount of $74,276. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement – Greater Dubuque Development Corporation: City Manag- er submitting the Fiscal Year 2012 Purchase of Service Agreement with the Greater Dubuque Development Corporation in the amount of $501,613. Upon motion the documents were re- ceived, filed, and approved. 2 Purchase of Service Agreement – Helping Services of Northeast Iowa: City Manager sub- mitting the Fiscal Year 2012 Purchase of Service Agreement with Helping Services of North- east Iowa in the amount of $2,147. Upon motion the documents were received, filed, and ap- proved. Purchase of Service Agreement – Operation: New View Community Action Agency: City Manager submitting the Fiscal Year 2012 Purchase of Service Agreement with Operation: New View Community Action Agency in the amount of $18,805. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement - Opening Doors for Emergency and Transitional Housing: City Manager submitting the Fiscal Year 2012 Purchase of Service Agreement with Opening Doors for emergency and transitional housing in the amount of $5,000. Upon motion the doc- uments were received, filed, and approved. Purchase of Service Agreement – Project Concern Foster Grandparent Program: City Man- ager submitting the Fiscal Year 2012 Purchase of Service Agreement with Project Concern in the amount of $6,113 for the Foster Grandparent Program. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement – Proudly Accessible Dubuque: City Manager submitting the Fiscal Year 2012 Purchase of Service Agreement with Proudly Accessible Dubuque in the amount of $10,000. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement – Retired and Senior Volunteer Program: City Manager submitting the Fiscal Year 2012 Purchase of Service Agreement with Retired and Senior Vo- lunteer Program in the amount of $7,341. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement – St. Mark Community Center: City Manager submitting the Fiscal Year 2012 Purchase of Service Agreement with St. Mark Community Center in the amount of $15,000. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement – Substance Abuse Services Center: City Manager submit- ting the Fiscal Year 2012 Purchase of Service Agreement with the Substance Abuse Services Center in the amount of $14,013. Upon motion the documents were received, filed, and ap- proved. Carnegie-Stout Public Library Renovation Project – Contract No. 9: City Manager recom- mending acceptance of the construction contract for the Carnegie-Stout Public Library Reno- vation Project – Contract No. 9, Plumbing & Fire Protection Systems, as completed by Modern Piping, Inc., in the final contract amount of $241,328.00. Upon motion the documents were re- ceived and filed and Resolution No. 193-11 Accepting the Carnegie-Stout Public Library Reno- vation Project – Contract No. 9, Plumbing & Fire Protection Systems, and authorizing the pay- ment of the contract amount to the contractor was adopted. 3 RESOLUTION NO. 193-11 ACCEPTING THE CARNEGIE-STOUT PUBLIC LIBRARY RENOVATION PROJECT, CON- TRACT NO. 9 – PLUMBING & FIRE PROTECTION SYSTEMS AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Carnegie-Stout Public Library Renova- tion Project, Contract No. 9 – Plumbing & Fire Protection Systems (the Project) has been com- pleted and the City Engineer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the General Obligation Bonds (TIF Abated), Library Renovation General Funds, Library Fund-Raising (cash and pledges), Curtis Collection Sale, and Heade Painting Sale appropriations for the contract amount of $241,328.00, 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 June, 2011. Lynn V. Sutton, Mayor Pro-Tem Attest: Kevin S. Firnstahl, Acting City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE CARNEGIE-STOUT PUBLIC LIBRARY RENOVATION PROJECT, CONTRACT NO. 9 – PLUMBING & FIRE PROTECTION SYSTEMS The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Carnegie-Stout Public Library Renovation Project, Contract No. 9 – Plumbing & Fire Protection Systems, 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 $241,328.00. th Dated this 14 day of June, 2011. Gus Psihoyos, City Engineer th Filed in the office of the City Clerk on the 14 day of June, 2011. Kevin S. Firnstahl, Acting City Clerk 2011 Manhole Replacement Project: City Manager recommending award of the 2011 Man- hole Replacement Project to Drew Cook & Sons Excavating in the amount of $35,858.00. Upon motion the documents were received, filed, and approved. 2011 Storm Sewer Intake Replacement: City Manager recommending award of the 2011 Storm Sewer Intake Replacement Project to McDermott Excavating in the amount of $29,916.00. Upon motion the documents were received, filed, and approved. Bicycle Friendly Community: City Manager recommending that the City Council support Tri- State Trail Vision’s initiative and approve the Bicycle Friendly Community Application to the League of American bicyclists for the City of Dubuque. Upon motion the documents were re- ceived, filed, and approved. 4 National Scenic Byways: City Manager recommending approval of a National Scenic Byway grant application for the Bee Branch Creek Trail. Upon motion the documents were received, filed, and approved. State Recreation Trails: City Manager recommending approval of a grant application to the State Recreation Trails (SRT) for the Bee Branch Creek Trail as part of the National Mississip- pi River Trail (MRT) Route. Upon motion the documents were received and filed and Resolu- tion No. 194-11 Approving an application for State Recreational Trails funding to the IDOT for the Bee Branch Trail – MRT Route was adopted. RESOLUTION NO. 194-11 APPROVING SUBMITTAL OF AN APPLICATION FOR STATE RECREATIONAL TRAILS PROGRAM FUNDING TO THE IOWA DEPARTMENT OF TRANSPORTATION FOR THE BEE BRANCH TRAIL – MRT ROUTE Whereas, the Iowa Department of Transportation has announced the availability of State Recreational Trails Program Funding for pedestrian and bicycle facilities; and Whereas, the City has adopted the Tri-State Area Integrated Walking, Bicycling, and Hiking Network Plan that identified the Bee Branch Creek Trail as an segment of the National Mississippi River Trail (MRT) Route through the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. The Mayor is authorized to sign and submit this application to the Iowa Depart- ment of Transportation for State Recreational Trails Program Funding for the Bee Branch Creek Trail – MRT. Section 2. That in the event said application is approved, the City Council hereby provides its written assurance that the trail will be adequately maintained for its intended public use for a minimum of twenty (20) years following the project. th Passed, approved and adopted this 20 day of June 2011. Lynn v. Sutton, Mayor Pro-Tem Attest: Kevin S. Firnstahl, Acting City Clerk Smart Planning Consortium: City Manager transmitting an update from the May 17 and June 8, 2011 Smart Planning Consortium meetings for City Council review and comment to the Consortium. Upon motion the documents were received and filed. Dubuque Community School District – Professional Services Contract: City Manager re- commending approval of a Professional Services Contract with the Dubuque Community School District for the 21st Century Community Learning Center After School Programs. Upon motion the documents were received, filed, and approved. Iowa Risk Management Agreement: City Manager recommending approval of the Iowa Risk Management Agreement for the Iowa Communities Assurance Pool. Upon motion the docu- ments were received, filed, and approved. Government Accounting Standards Board (GASB): City Manager recommending that the City Council delegate authority to the City Manager, or the City’s Manager’s designee, to as- sign general fund balance for intended purposes under GASB Pronouncement 54. Upon mo- tion the documents were received and filed and Resolution No. 195-11 Approval of Delegation of Authority to City Manager, Budget Director or Finance Director to assign general fund bal- 5 ance for intended purposes under the new guidelines of Governmental Standards Accounting Board (GASB) Pronouncement 54 was adopted. RESOLUTION NO. 195-11 APPROVAL OF DELEGATION OF AUTHORITY TO CITY MANAGER, BUDGET DIRECTOR OR FINANCE DIRECTOR TO ASSIGN GENERAL FUND BALANCE FOR INTENDED PUR- POSES UNDER THE NEW GUIDELINES OF GOVERNMENTAL STANDARDS ACCOUNT- ING BOARD (GASB) PRONOUNCEMENT 54 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUB- QUE, IOWA: Section 1. Assigned fund balance describes the portion of fund balance that reflects a gov- ernment’s intended use of resources. Such intent is established at either:  Highest level of decision making, or  Body designated for that purpose, or  Official designated for that purpose. Governmental Standards Accounting Board (GASB) Pronouncement 54 requires that the City Council approves the officials designated to assign fund. th Passed, approved and adopted this 20 day of June, 2011. Lynn V. Sutton, Mayor Pro-Tem Attest: Kevin S. Firnstahl, Acting City Clerk Eide Bailly Audit Engagement Agreement: City Manager advising that the annual audit en- gagement letter to Eide Bailly has been signed and transmitting information contained in the audit engagement letter for Fiscal Year ending June 30, 2011. Upon motion the documents were received and filed. Environmental Stewardship Advisory Commission: Communication from the Environmental Stewardship Advisory Commission expressing support for reducing Dubuque’s greenhouse gas emissions 50 percent from 2003 levels by 2030. Upon motion the documents were re- ceived and filed. Walter Development, LLC and TM, Inc.: City Manager recommending approval of an As- signment of Right to Purchase Property Under Development Agreement with Walter Develop- ment, LLC / TM, Inc., and Epic Construction. Upon motion the documents were received, filed, and approved. Lower Bee Branch Creek Restoration Project: City Manager recommending approval of the execution of two change orders amending the construction contract with Tschiggfrie Construc- tion for the Lower Bee Branch Creek Restoration Project to include the construction of a hike/bike trail rest area and lighting along the hike/bike trail. Upon motion the documents were received, filed, and approved. University of Wisconsin / Platteville – Internship Opportunity: City Manager recommending the addition of a grant-funded, paid internship position to the Dubuque Police Department. Upon motion the documents were received, filed, and approved. Signed Contracts: 1) City Hall Cooling Upgrade Design Firm Recommendation; 2) Second Amendment to the Lease Agreement between the City of Dubuque and the Dubuque County Elections Commission; 3) Professional Services Agreement with WHKS & Co. for the public 6 water main along Bies Drive; 4) Tenth and Central Parking Ramp Change Order No. 007-PS; 5) Short Form Improvement Contract between the City of Dubuque and Mickey Bahr to provide landscape maintenance for the Indiana Court Detention Basin. Upon motion the documents were received and filed. Cigarette and Liquor License Applications: City Manager recommending approval of ciga- rette and liquor license applications and renewals as submitted. Upon motion the documents were received and filed and Resolution No. 196-11 Granting the issuance of 17 Cigarette Li- cense Renewals to Cedar Cross Amoco BP, Diamond Jo Casino, Hartig Drug, Kohinoor Groc- ers, Kwik Stop, Let’s Roll Tobacco, McCann’s Service and the Riviera Lounge; Resolution No. 197-11 Granting the issuance of a Class “B” Beer Permit (5-Day License) to the Dubuque Jay- cees; a Class “B” Beer Permit to Legionnaires Drum & Bugle Corps; a Class “C” Beer Permit to TFM Co.; Pioneers Rest Stop, LLC; and LB Metcalf, Inc.; and Resolution No. 198-11 Granting the issuance of a Class “C” Beer/Liquor License (5-Day License) to Dubuque Area Labor Man- agement Council; a Class “C” Beer/Liquor License to Vinny Vanucchi’s, National Mississippi River Museum and Aquarium, American Legion Post #6, Paul’s Tavern, Mason Dixon Saloon, Creslanes Bowling, Five Flags Center, Murph’s South End Tap, and Dubuque Bowling Lanes; a Special Class “C” Liquor License to the Rotary Club of Dubuque; and a Class “B” (WBN) Na- tive Wine License to the National Mississippi River Museum and Aquarium and I Luv Food were adopted. RESOLUTION NO. 196-11 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. 17 RENEWALS Cedar Cross Amoco BP LB Metcalf, Inc. 1200 Cedar Cross Diamond Jo Casino Diamond Jo, LLC 301 Bell St. Hartig Drug # 2 Hartig Drug Company 157 Locust St. Hartig Drug # 3 Hartig Drug Company 2255 JFK Rd. Hartig Drug # 4 Hartig Drug Company 2223 Central Ave. Hartig Drug # 8 Hartig Drug Company 1600 University Ave. Kohinoor Grocers Taheea Nishat 1198 White St. Kwik Stop Rainbo Oil Company 2390 Central Ave. Kwik Stop Rainbo Oil Company 2255 Kerper Blvd. Kwik Stop Rainbo Oil Company 2320 Hwy 61 So. Kwik Stop Rainbo Oil Company 4039 Pennsylvania Ave. Kwik Stop Rainbo Oil Company 2335 University Ave. Kwik Stop Rainbo Oil Company 2150 Twin Valley Rd. Kwik Stop Rainbo Oil Company 4110 Dodge St. Let’s Roll Tobacco David Hayes 3430 Dodge St. McCann’s Service McCann’s Service, Inc. 690 W. Locust St. Riviera Lounge O’Clock Industries, Inc. 116 W. 13 th St. th Passed, approved and adopted this 20 day of June, 2011 Lynn V. Sutton, Mayor Pro-Tem Attest: Kevin S. Firnstahl, Acting City Clerk 7 RESOLUTION NO. 197-11 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 “B” BEER PERMIT (5-Day License) Dubuque Jaycees Dubuque All That Jazz 8 th & Main St. Dubuque Jaycees Dubuque All That Jazz 405 Central Ave. CLASS “B” BEER PERMIT Legionnaires Drum & Bugle Colts Community Center 1101 Central Ave. Corps +(Sunday Sale) CLASS “C” BEER PERMIT TFM, Co. I Luv Food +(Sunday Sale) 535 Hill St. Pioneers Rest Stop, LLC Pioneers Rest Stop 4900 Old Highway Rd. +(Sunday Sale) LB Metcalf, Inc. 1200 Cedar Cross Rd. 1200 Cedar Cross Rd. th Passed, approved and adopted this 20 day of June, 2011. Lynn V. Sutton, Mayor Pro-Tem Attest: Kevin S. Firnstahl, Acting City Clerk RESOLUTION NO. 198-11 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 LICENSE) Dubuque Area Labor Mgmt. Dubuque Are Labor Mgmt. Council Town Clock Plaza CLASS “C” BEER/LIQUOR LICENSE Grayson Enterprises Vinny Vanucchi’s +(Sunday Sale) 164 Main St. Dubuque County Historical National Mississippi River Museum and 400 E. 3 rd St. Society Aquarium +(Sunday Sale) Dubuque American Legion American Legion Post # 6 +(Sunday Sale) 1306 Delhi St. # 6 Tom Koch, Inc. Paul’s Tavern +(Sunday Sale) 176 Locust St. Mason Dixon, Inc. Mason Dixon Saloon +(Sunday Sale) 163 Main St. Creslanes Bowling, Inc. Creslanes Bowling +(Sunday Sale) 255 S. Main St. 8 SMG Food & Beverage LLC Five Flags Center +(Sunday Sale) 405 Main St. Pamela Murphy Murph’s South End Tap 55 Locust St. James Ferring Dubuque Bowling Lanes 1029 ½ Main St. SPECIAL CLASS “C” LIQUOR LICENSE Rotary Club of Dubuque Rotary Club of Dubuque +(Sunday Sale) 135 W. 8 th St. CLASS “B”(WBN) NATIVE WINE LICENSE Dubuque County Historical National Mississippi River Museum and 400 E. 3 rd St. Society Aquarium +(Sunday Sale) TFM, Co. I Luv Food 535 Hill St. th Passed, approved and adopted this 20 day of June, 2011 Lynn V. Sutton, Mayor Pro-Tem Attest: Kevin S. Firnstahl, Acting City Clerk ITEMS TO BE SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, adopt the resolutions, set the public hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Resnick. Motion carried 6-0. Port of Dubuque Marina – Bid Package No 2 Amenities Building: City Manager recommend- ing the initiation of the public bidding process for the Port of Dubuque Marina Bid Package No. 2 – Amenities Building and that a public hearing be set for July 5, 2011. Upon motion the doc- uments were received and filed and Resolution No. 199-11 Preliminary approval of plans, spe- cifications, form of contract, and estimated cost; setting date of public hearing on plans, speci- fications, form of contract, and estimated cost; and ordering the advertisement for bids was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on July 5, 2011 in the Historic Federal Building. RESOLUTION NO. 199-11 PORT OF DUBUQUE MARINA PROJECT, BID PACKAGE NO. 2 – AMENITIES BUILDING 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 Port of Du- buque Marina Project, Bid Package No. 2 – Amenities Building, in the estimated amount $1,892,300.00, 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 5 day of July, 2011, at 6:30 p.m. in the Historic Federal Building Council Chambers at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twen- ty days prior to the date of such hearing. At the hearing, any interested person may appear 9 and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. The Port of Dubuque Marina Project, Bid Package No. 2 – Amenities Building is hereby or- dered 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 4 day of August, 2011. 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 15 day of August, 2011, in the Historic Federal Building Council Chambers (second floor), 350 West th 6 Street, Dubuque, Iowa. th Passed, adopted and approved this 20 day of June, 2011. Lynn V. Sutton, Mayor Pro-Tem Attest: Kevin S. Firnstahl, Acting City Clerk Lake Ridge Economic Development District: City Manager recommending approval of a Resolution of Necessity finding that the creation of a new Lake Ridge Economic Development District is both necessary and appropriate and that a public hearing be set for August 1, 2011. Upon motion the documents were received and filed and Resolution No. 200-11 Resolutionof Necessity finding that certain property along Lake Ridge Drive is an economic development area and that the development of said area is necessary in the interest of the residents of the City of Dubuque, Iowa, was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on August 1, 2011 in the Historic Federal Building. RESOLUTION NO. 200-11 RESOLUTION OF NECESSITY FINDING THAT CERTAIN PROPERTY ALONG LAKE RIDGE DRIVE IS AN ECONOMIC DEVELOPMENT AREA AND THAT THE DEVELOPMENT OF SAID AREA IS NECESSARY IN THE INTEREST OF THE RESIDENTS OF THE CITY OF DUBUQUE, IOWA . Whereas, the City Council has determined that the active development of vacant property for low-income assisted senior living is a beneficial use that will enhance the City's ongoing economic development efforts; and Whereas, the City Council has determined that the area described in Section 1 below meets the definitions of an economic development area as defined in Chapter 403 “Urban Renewal” of the Iowa Code; and Whereas, a significant need for low-income assisted senior housing units exists in the com- munity and local resources are needed to advance the development; and Whereas, Chapter 403 of the Iowa Code requires that before urban renewal authority may be exercised, a City Council must adopt a resolution of necessity finding that the area in ques- tion is a slum, blighted or economic development area, and that so designating such area is necessary in the interest of the public health, safety or welfare of the residents of the munici- pality. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the following described area is an economic development area as defined by Chapter 403 of the Iowa Code and is appropriate for an urban renewal project, to wit: 10 rd Lot 2 of Lot 2 of Cedar Lake Plaza 3 Addition in the City of Dubuque, Dubuque County, Iowa (hereinafter called the Lake Ridge Economic Development District). Section 2. That the development of the Lake Ridge Economic Development District is ne- cessary and appropriate to facilitate the proper growth and development of the community in accordance with sound planning and local community objectives. Section 3. That the development of this area will provide new opportunities for quality hous- ing and job creation in the community. Section 4. That the City Manager is authorized and directed to prepare an Urban Renewal Plan for the Lake Ridge Economic Development District, to forward said Plan to the City's Long Range Planning Commission for review and comment and to begin the consultation process required by law with affected taxing entities. Section 5. That the City Clerk is directed to publish notice of a public hearing on the adop- tion of an Urban Renewal Plan for the Lake Ridge Economic Development District to be held st on the 1 day of August, 2011, at 6:30 p.m. in the Historic Federal Building in Dubuque, Iowa, th 350 W. 6 Street, Dubuque, Iowa and that said notice shall generally identify the area covered by the Plan and the general scope of the Urban Renewal Plan activities planned for such area. Section 6. That the City Clerk is further directed to send by ordinary mail a copy of said Plan and notice of public hearing to the Dubuque Community School District, the County Board of Supervisors and the Northeast Iowa Community College, as the affected taxing entities. th Passed, approved and adopted this 20 day of June, 2011. Lynn V. Sutton, Mayor Pro-Tem Attest: Kevin S. Firnstahl, Acting City Clerk General Obligation Urban Renewal Bonds: City Manager recommending a public hearing be set for July 5, 2011 to consider the issuance of not to exceed $1,265,000 General Obligation Urban Renewal Bonds for Dubuque Industrial Center West Improvements and Downtown Im- provements. Upon motion the documents were received and filed and Resolution No. 201-11 Fixing date for a meeting on the proposition of the issuance of not to exceed $1,265,000 Gen- eral Obligation Bonds (for urban renewal purposes) of the City of Dubuque, Iowa, and provid- ing for publication of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on July 5, 2011 in the Historic Federal Building. RESOLUTION NO. 201-11 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE IS- SUANCE OF NOT TO EXCEED $1,265,000 GENERAL OBLIGATION 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 Bonds, to the amount of not to exceed $1,265,000, as authorized by Sections 403.12 and 384.24(3(q), of the City Code of Iowa, for the purpose of providing funds to pay costs of carrying out the urban renewal projects as hereinafter described; and Whereas, before the Bonds may be issued, it is necessary to comply with the provisions of the Code, and to publish a notice of the proposal to issue such Bonds and of the time and place of the meeting at which the Council proposes to take action for the issuance of the Bonds and to receive oral and/or written objections from any resident or property owner of the City to such action, and the right to petition for an election. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That this Council meet in the Historic Federal Building, 350 West 6th Street, Du- 11 th buque, Iowa, at 6:30 o'clock PM, on the 5 day of July, 2011, for the purpose of taking action on the matter of the issuance of not to exceed $1,265,000 General Obligation 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 renewal project activities under Chapter 403 of the Code of Iowa and the Amended and Restated Urban Renewal Plans for the Dubuque Industrial Center West Economic Development District and the Greater Down- town Urban Renewal Area, including those costs associated with grading and road construc- tion on the South Siegert Farm area of DICW, and emergency repairs to the Port of Dubuque Parking Ramp and related litigation expenses. 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 following [provided]. th Passed and approved this 20 day of June, 2011. Lynn V. Sutton, Mayor Pro-Tem Attest: Kevin S. Firnstahl, Acting City Clerk General Obligation Bonds – for Essential Corporate Purposes: City Manager recommending that a public hearing be set for July 5, 2011 to consider the issuance of not to exceed $7,035,000 General Obligation Bonds for Essential Corporate Purposes. Upon motion the documents were received and filed and Resolution No. 202-11 Fixing date for a meeting on the proposition of the issuance of not to exceed $7,035,000 General Obligation Bonds (for Essen- tial Corporate Purposes) of the City of Dubuque, State of 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 5, 2011 in the Historic Federal Building. RESOLUTION NO. 202-11 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE IS- SUANCE OF NOT TO EXCEED $7,035,000 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 $7,035,000, 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 place of the meeting at which the Council proposes to take action for the issuance of the Bonds and to receive oral and/or written objections from any resident or property owner of the City to such action. NOW, THEREFORE, BE IT RESOLVED BY THE City Council OF THE City of Dubuque, IOWA: Section 1. That this Council meet in the Historic Federal Building, 350 West 6th Street, Du- buque, Iowa, at 6:30 o'clock PM, on the 5th day of July, 2011, for the purpose of taking action on the matter of the issuance of not to exceed $7,035,000 General Obligation Bonds, for es- sential corporate purposes of the City, the proceeds of which Bonds will be used to provide funds to pay costs of the acquisition, construction, reconstruction, improvement and equipping 12 of waterworks, water mains and extensions, including water main and fire hydrant replace- ments, pump station and laboratory improvements and well field electrical upgrades; the con- struction of the Southwest Arterial freeway improvements; the acquisition of solid waste collec- tion vehicles; the construction of the Bee Branch Creek Restoration Project and the acquisition of real property and right-of-way for the same; the acquisition of flood control barriers; the con- struction, reconstruction, improvement and repair of sanitary sewer works and facilities, includ- ing the installation of forcemain and sewer main extensions, the rehabilitation, reconstruction and replacement of existing sanitary sewers, and the acquisition, installation, replacement and improvement of pumping stations, motors, flow monitoring and other sanitary sewer control equipment and facilities; and the payment of costs associated with the stipulated civil penalty and supplemental environmental project required under the Consent Decree with federal and state authorities concerning the Water Pollution Control Plant and sanitary sewer system. 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. The project list prepared by the Budget Director and the allocation of projects to specific hearings indicated thereon is hereby approved. 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 shall 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 20 day of June, 2011. Lynn V. Sutton, Mayor Pro-Tem Attest: Kevin S. Firnstahl, Acting City Clerk General Obligation Bonds: City Manager recommending a public hearing be set for July 5, 2011 to consider the issuance of not to exceed $700,000 General Obligation Bonds for various City projects. Upon motion the documents were received and filed and Resolution No. 203-11 Fixing date for a meeting on the proposition of the issuance of not to exceed $700,000 of Gen- eral Obligation Bonds 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 5, 2011 in the Historic Federal Building. RESOLUTION NO. 203-11 FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $700,000 OF GENERAL OBLIGATION BONDS AND PROVIDING FOR PUBLICA- TION OF NOTICE THEREOF Whereas, the City of Dubuque, Iowa, is in need of funds to carry out certain general corpo- rate purpose projects as hereinafter described; and, it is deemed necessary that it should issue general obligation bonds to the amount of not to exceed $700,000 as authorized by Section 384.26(5) of the City Code of Iowa, for the purpose of providing funds to pay costs thereof; and Whereas, said City has a population of more than 5,000, but not more than 75,000, and the amount of said proposed bond issue is not more than $700,000; and Whereas, before said bonds may be issued, it is necessary to comply with the provisions of Chapter 384 of the City Code of Iowa, and to publish a notice of the proposal to issue such 13 bonds and the right to petition for an election. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That this Council meet in the Historic Federal Building, 350 West 6th Street, Du- th buque, Iowa, at 6:30 o'clock PM, on the 5 day of July, 2011, for the purpose of taking action on the matter of the issuance of not to exceed $700,000 of General Obligation Bonds, the proceeds of which bonds will be used to provide funds to pay costs of the rehabilitation, reno- vation and reconstruction of the former 18th Street Fire Engine House #1, including the provi- sion of construction financing to the private developer undertaking the rehabilitation of the same; and the re-lamping of the Iowa Street Parking Ramp facility, and shall bear interest at a rate not exceeding the maximum specified in the attached notice. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting in a legal newspaper, printed wholly in the English language, pub- lished at least once weekly, and having general circulation in said City, said publication to be not less than ten clear days before the date of said public meeting on the issuance of said bonds. Section 3. The notice of the proposed action to issue said bonds shall be in substantially the [provided] form. th Passed and approved this 20 day of June, 2011. Lynn V. Sutton, Mayor Pro-Tem Attest: Kevin S. Firnstahl, Acting City Clerk BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the fol- lowing Boards/Commissions: Historic Preservation Commission: Two 3-year terms through July 1, 2014: At- Large/Architect, Langworthy and Cathedral Historic Preservation Districts requirements (Expir- ing terms of Klavitter and Wand; vacant term of Stover). Applicants: David Klavitter, 1090 West rd Third Street (Langworthy District resident); Mitzi Krey, 423 W. 3 Street (Cathedral District res- ident); and Christopher Wand, 942 Mt. Pleasant Street (At-Large/Architect). Mr. Klavitter and Ms. Krey both spoke in support of their respective appointments. Investment Oversight Advisory Commission: One 3-year term through July 1, 2014 (Expiring term of Blocker). Applicant: Paul Lassance, 4846 Embassy Court. Library Board of Trustees: Two 4-year re-staggered terms through July 1, 2012 and July 1, 2015 (Expiring terms of Connors and Hammer). Applicants: Paula Connors, 818 S. Grandview Avenue (Recommended term of 7/1/12); David Hammer, 720 Laurel Street (Recommended term of 7/1/15). Ms. Connors and Mr. Hammer spoke in support of their respective appoint- ments. Long Range Planning Advisory Commission: Two 3-year terms through July 1, 2014 (Expir- ing terms of Van Iten and Vincent). Applicants: Richard Van Iten, 3273 Bittersweet Lane; and Alan Vincent, 1010 Dunham Drive. Mr. Van Item spoke in support of his appointment. Park and Recreation Advisory Commission: Three 3-year term through June 30, 2014 (Ex- piring term of Nadeau, vacant terms of Blocklinger and Noble). Applicants: Chuck Harris, 2473 Jackson Street; Kenneth Klinge, 2267 Carter Road; and Evelyn Nadeau, 663 Fenelon Place. Mr. Harris, Mr. Klinge and Ms. Nadeau spoke in support of their respective appointments. TV Cable Regulatory Commission: One 3-year term through June 30, 2014 (Expiring term of Webster). Applicant: Walt Webster, 3509 Asbury Road. TV Cable Community Teleprogramming Commission: Two 3-year terms through June 30, 14 nd 2014 (Expiring terms of Maloney and Herrig). Applicants: George Herrig, 2395 W. 32 Street; and Pauline Maloney, 506 St. George Street. Zoning Advisory Commission: Two 3-year terms through July 1, 2014 (Expiring Terms of Christ and Henschel). Applicants: Thomas Henschel, 6630 Wellington Lane; and Martha Chr- ist, 88 Princeton Place. Mr. Henschel and Ms. Christ spoke in support of their respective ap- pointments. Appointments to the following commission: Human Rights Commission: Two 3-year terms through January 1, 2013 (vacant terms of Apel and Sutton). Applicants: Regine Ronek, 2282 White Street; and Judie Root, 364 Hill Street. Motion by Lynch to appoint Regine Roneck and Judie Root to 3-year terms on the Hu- man Rights Commission through January 1, 2013. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone present to address the City Coun- cil. Request to Rezone – 3051 Brunskill Road; Proof of publication on notice of public hearing to consider a request from Darlene Leibold Trust / Tom Rauen, Rauen Properties, to rezone property located at 3051 Brunskill Road from R-1 Single-Family Residential District to C-3 General Commercial District and the Zoning Advisory Commission recommending denial. Communication from co-applicant Tom Rauen withdrawing the request. Communications and petition from William Herrig, 2855 Brunskill Road, in opposition to the request. Motion by Jones to receive and file the documents and concur with the denial. Seconded by Braig. Dave Sheehan, Sheehan Real Estate, 455 Oxford Street, East Dubuque, spoke in sup- port of the rezoning on behalf of co-applicant Thomas Leibold and for going forward on the project. Brunskill Road property owners Kay Wagner, Joan Herrig, and Larry Kretz spoke in opposition to the rezoning. Planning Services Manager Laura Carstens provided a staff report. Motion to concur with the denial carried 6-0. Request to Rezone – 1987 Washington Street: Proof of Publication on notice of public hear- ing to consider a request from Dan Wolff to rezone property located at 1987 Washington Street from C-2 Neighborhood Shopping Center District to C-4 Downtown Commercial District and the 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 sus- pended. Seconded by Braig. Developer Dan Wolf, 3234 Arrowwood Lane, spoke in support of the rezoning. Planning Services Manager Laura Carstens provided a staff report. Motion car- ried 6-0. Motion by Jones for final consideration and passage of Ordinance No. 34-11 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying thereinafter described property located at 1987 Washington Street from C-2 Neighborhood Shopping Center District to C-4 Downtown Commercial District. Seconded by Braig. Motion carried 6-0. 15 OFFICIAL PUBLICATION ORDINANCE NO. 34-11 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DE- VELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LO- CATED AT 1987 WASHINGTON STREET FROM C-2 NEIGHBORHOOD SHOPPING CENTER DISTRICT TO C-4 DOWNTOWN COMMERCIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, 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 C-2 Neigh- borhood Shopping Central District to C-4 Downtown Commercial District, to wit: Lot 8 of Min- eral Lot 100 and North 17 feet of Lot 7 of Mineral Lot 100, 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 Commission of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect upon publications, as provided by law. th Passed, approved and adopted this 20 of June, 2011. /s/Lynn Sutton, Mayor Pro-Tem Attest: /s/Kevin S. Firnstahl, Acting City Clerk th Published officially in the Telegraph Herald Newspaper the 24 day of June, 2011. /s/Kevin S. Firnstahl, Acting City Clerk Request to Rezone – 3087 Central Avenue: Proof of Publication on notice of public hearing to consider a request from Jeff and Mindy Stiles to rezone property at 3087 Central Avenue from R-3 Moderate Density Multi-Family Residential District to R-4 Multi-Family Residential District and the Zoning Advisory Commission recommending approval. Communication from Planning Services Manager Laura Carstens advising that 59.8% of the adjacent property owners within 200 feet of the rezoning are in opposition; therefore, a super- majority vote of the City Council is necessary to approve the rezoning request. Citizen communications and petitions from Ervin and Linda Auderer and Michael Brennan in opposition to the proposed rezoning. Citizen communications and petitions from Suzanne Morales and Jim Schwalb in support of the proposed rezoning. City Manager transmitting information concerning an inspection regarding the number of dwelling units at 3087 Central Avenue. Motion by Braig to receive and file the documents and consider the first reading of a pro- posed ordinance amending Title 16 of the City of Dubuque Code of Ordinances, Unified De- velopment Code, by reclassifying hereinafter described property located at 3087 Central Ave- nue from R-3 Moderate Density Multi-Family Residential District to R-4 Multi-Family Residen- tial District. Seconded by Lynch. Applicant Jeff Stiles spoke in support of the rezoning. Plan- ning Services Laura Carstens provided a staff report. Greater Dubuque Development Execu- tive Director Rick Dickinson, 300 Main Street; property owner John Herrig, 13750 Surrey Lane; and Don Lochner, 1473 Central Avenue, spoke in support of the rezoning. Property owners Craig Hartzell, 3030 Central Avenue; Erv Auderer, 3117 Central Avenue; Dorothy Eisbach, th 3084 Central Avenue; and Jim Barton, 3044 11 Street, spoke in opposition to the request. Motion for first reading carried 6-0. Planned Residential District Amendment – 2763 University Avenue: Proof of publication on notice of public hearing to consider a request by Tom Kluck to amend the Planned Residential District to permit a two-story common building with three apartments on the second story at 16 property located at 2763 University Avenue and the Zoning Advisory Commission recommend- ing approval. Communications from Gus Hammer and Bruce and Annabelle Schaal in opposition to the proposed amendment. After conclusion of the Commission meeting, the applicant contacted the Planning Services Department regarding a request to reduce the setback from 25 feet to 20 feet on the north side property line. A super majority is needed for the City Council to approve the 20-foot setback. Restated motion by Connors to receive and file the documents and remand the request to the Zoning Advisory Commission for review of new information and for resubmission to the public hearing process. Seconded by Braig. Planning Services Manager Laura Carstens pro- vided a staff report. Developer Tom Kluck, 2499 LaVista Court, spoke in support of the amendment and provided new plan information. Property owners Jeff Hammer, 2759 Beverly Street; and Bruce Schaal, 2765 Beverly Street, spoke in opposition to the amendment. Motion to remand carried 6-0. Vacating Petition – University of Dubuque: Proof of publication on notice of public hearing to consider a request from the University of Dubuque to vacate a portion of unimproved public alley west of Algona Street between West Third Street and Bennett Street and the City Man- ager recommending approval. Motion by Braig to receive and file the documents and adopt Resolution No. 204-11 Approving plat of proposed vacated portion of a public alley west of Al- gona Street between West Third Street and Bennett Street in the City of Dubuque, Iowa; and Resolution No. 205-11 Disposing of City interest in lot 3A of Bennett Street Subdivision, in the City of Dubuque, Iowa. Director of Construction Management for the University of Dubuque Keith Wipperfurth spoke in support of the request. Motion carried 6-0. RESOLUTION NO. 204-11 APPROVING PLAT OF PROPOSED VACATED PORTION OF A PUBLIC ALLEY WEST OF ALGONA STREET BETWEEN WEST THIRD STREET AND BENNETT STREET IN THE CITY OF DUBUQUE, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated June 1, 2011, prepared by WHKS & Co. describing the proposed vacated portion of a public alley west of Algona Street between West Third Street and Bennett Street to be known as Lot 3A of Bennett Street Subdivision 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 DU- BUQUE, IOWA: Section 1. That the plat dated June 1, 2011, prepared by WHKS & Co., relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstruct- ing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, tel- evision cable, fiber optics, and electric lines as may be authorized by the City of Dubuque, Iowa, over and across Lot 3A of Bennett Street Subdivision. 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 June, 2011. Lynn V. Sutton, Mayor Pro-Tem 17 Attest: Kevin S. Firnstahl, Acting City Clerk RESOLUTION NO. 205-11 DISPOSING OF CITY INTEREST IN LOT 3A OF BENNETT STREET SUBDIVISION, 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 this 10 day of June, 2011, the City Council of the City of Dubuque, Iowa met th on the 20 day of June, 2011, at 6:30 p.m. in the Historic Federal Building,Council Chambers th (second floor), 350 West 6 Street, Dubuque, Iowa, to consider the proposal for the sale of real estate described as: Lot 3A of Bennett Street Subdivision in the City of Dubuque, Dubu- que 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 DU- BUQUE, IOWA: Section 1. That the sale of City of Dubuque real property described as Lot 3A of Bennett Street Subdivision in the City of Dubuque, Iowa to the University of Dubuque be and the same is hereby approved for the sum of $9,900.00, plus cost of publication, platting 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, reconstruct- ing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, tel- evision cable, fiber optics, and electric lines as may be authorized by the City of Dubuque, Iowa, over and across Lot 3A of Bennett Street Subdivision. Section 3. That the University of Dubuque provide an ingress and egress easement to Ro- semary T. Lehr from Bennett Street right-of-way to the north line of Lot 6 of Bennett Street Subdivision in the City of Dubuque, Iowa. Section 4. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to the University of Dubuque upon receipt of the purchase price in full. Section 5. 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 20 day of June, 2011. Lynn V. Sutton, Mayor Pro-Tem Attest: Kevin S. Firnstahl, Acting City Clerk Upon motion the rules were reinstated limiting discussion to the City Council. 18 ACTION ITEMS Central Avenue Reconstruction Update: City Manager to provide an update on the City’s ac- tivities to assist the Central Avenue businesses during the street reconstruction. City Engineer Gus Psihoyos provided an oral report on the City’s efforts to alleviate issues raised by busi- ness owners within the construction zone. Motion by Jones to receive and file the information. Seconded by Braig. Psihoyos stated that additional detour and specialty signs have been placed on Central Avenue and side streets that indicate directions to businesses, appropriate travel routes and allowable parking. Regular meetings are scheduled with City staff and af- fected property owners each Wednesday at 3:00 p.m. at the Comiskey Park Recreational Cen- ter. Psihoyos indicated which portions of Central Avenue are being opened and when and that he is meeting with the contractors to discuss ways to expedite the project. Public Information Officer Randy Gehl presented a public service video that is being played on City Channel 8 re- garding the project and businesses within the construction zone. Additionally, he stated that public service announcements are being played on local radio stations and a flyer is being dis- tributed with the utility bills beginning in June. Motion carried 6-0. Land Donation – Timber-Hyrst Subdivision: City Manager recommending acceptance of Lot 2 of Timber-Hyrst Estates Subdivision for a mini park as donated by Marty McNamer. Motion by Braig to receive and file the documents and approve the recommendation. Seconded by Lynch. Motion carried 6-0. Fiscal Year 2012 Solid Waste Collection Monthly Based Fee: City Manager recommending that the monthly refuse collection rate be reduced from $11.09 per month to $10.72 per month beginning July 1, 2011. Motion by Jones to receive and file the documents and that the re- quirement 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. No motion for final consideration was offered. (See special meeting of June 27, ) 2011 PUBLIC INPUT Ken Nelson, 1625 Rhomberg; Bruce Krolick, 3110 Jackson Street; Sam Stumpf, 5165 Val- ley Forge, Asbury; Joel Halpert, 706 Lincoln Avenue; Pat Nelson, 2412 Central Avenue; Walter th Anthony Patrick Scott, 607 W. 8 Street; and John LuGrain, 1414 ½ Lincoln Avenue, all spoke in opposition to the increased enforcement of the City’s noise ordinance by Dubuque police with regard to motorcycle mufflers stating that they believe the Police Department is singling out motorcycles for citations and profiling bikers. Police Chief Mark Dalsing provided informa- tion on the styles of motorcycle mufflers and the department’s training and enforcement prac- tices. There being no further business, upon motion the City Council adjourned at 9:05 p.m. /s/Kevin S. Firnstahl Acting City Clerk 19