Loading...
1 16 07 Council Minutes Official CITY OF DUBUQUE, IOWA COUNCIL PROCEEDINGS OFFICIAL City Council Regular Session, January 16, 2007 Council met at 6:30 P.M. in the Public Library Auditorium Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski, City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of discussing such matters which may properly come before the Council. Invocation was given by Reverend Ed Sheppley, Immanuel Congregational United Church of Christ. Operation Iraqi Freedom Presentation BU1 (SCW) Brant Schueller – Water Department CONSENT ITEMS Minutes and Reports Submitted: City Council of 1/3; Civil Service Commission of 11/17; Enterprise Zone Commission of 12/18; Historic Preservation Commission of 12/21; Long Range Planning Advisory Commission of 12/20; Zoning Advisory Commission of 1/3; Zoning Board of Adjustment of 12/21, upon motion received and filed. Proofs of publication of City Council Proceedings of December 18, 2006 and List of Claims and Summary of Revenues for month ending November 30, 2006, upon motion received and filed. Notice of Claims/Suits: Justin Apel for vehicle damage, Nancy Lally for vehicle damage, Harold O. Miller for vehicle damage, upon motion received and filed and referred to City Attorney. City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Nancy Lally for vehicle damage, Thomas Schaefer for property damage, upon motion received and filed and concurred. Civil Service Commission: Civil Service Commission submitting the Certified List for the position of Equipment Mechanic, upon motion received and filed and made a matter of record. WCB Hotels, Inc.: Notice from WCB Hotels, Inc. (d/b/a Midway Hotel, Hoffman House Restaurant and 3100 Club) pursuant to the Worker Adjustment and Retraining Notification Act of 1988 of a pending plant closure or layoffs resulting in covered employment loss, upon motion received and filed. Rosedale Avenue Reconstruction Project – Revision of Preliminary Assessments: City Manager recommending approval of a revision to the Preliminary Schedule of Assessments for the Rosedale Avenue Reconstruction Project, upon motion received and filed. Cline moved adoption of Resolution No. 15-07 Rescinding Resolution No. 301-05 and adopting in lieu thereof a new Preliminary Schedule of Assessments for the Rosedale Avenue Reconstruction Project. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 15-07 RESOLUTION RESCINDING RESOLUTION 301-05 AND ADOPTING IN LIEU THEREOF A REVISED PRELIMINARY SCHEDULE OF ASSESSMENTS FOR THE ROSEDALE AVENUE RECONSTRUCTION PROJECT Whereas, the City Council passed Resolution 301-05, dated July 5, 2005, approving the Preliminary Schedule of Assessments for the reconstruction of Rosedale Avenue; and Whereas, it has been determined that the Preliminary Schedule of Proposed Assessments did not include all of the properties in the special assessment district. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the attached Revised Preliminary Schedule of Assessments, as shown on the attached sheets, 1 to 3 inclusive, is hereby determined for the reconstruction of Rosedale Avenue and the valuations set herein are hereby approved. th Passed, approved and adopted this 16 day of January, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Rosedale Avenue Reconstruction Project: City Manager recommending acceptance of the Rosedale Avenue Reconstruction Project as completed by Portzen Construction in the final contract amount of $1,647,605.74 and approval of the final schedule of assessments, upon motion received and filed. Cline moved adoption of Resolution No. 16-07 Accepting improvement, Resolution No. 17-07 Approving final estimate, and Resolution No. 18-07 Approving the Final Schedule of Assessments. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 16-07 ACCEPTING THE ROSEDALE AVENUE RECONSTRUCTION PROJECT Whereas, the contract for the Rosedale Avenue Reconstruction Project (the Project) has been completed and the City Manager has examined the work and filed a certificate stating that the Project has been completed according to the terms of the contract, plans and specifications and that the City Manager recommends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Manager is approved and the Project is hereby accepted. Section 2. The City Treasurer is hereby directed to pay to the contractor from the Street Construction Fund, Watermain Replacement Fund, Rosedale Sanitary Sewer Improvements, Street Program Related Sanitary Sewer Improvements, Rosedale/West Locust Storm Sewer Improvements, and the Fiber Optic Conduit – Paving Projects Fund appropriation for the contract amount of $1,647,605.74 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 16 day of January, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 17-07 FINAL ESTIMATE Whereas, the construction contract for the Rosedale Avenue Reconstruction Project has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the final cost estimates, notices and inspection and all miscellaneous costs. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $1,822,321.16 and the said amount shall be paid from the Street Construction Fund, Watermain Replacement Fund, Rosedale Sanitary Sewer Improvements, Street Program Related Sanitary Sewer Improvements, Rosedale/West Locust Storm Sewer Improvements and the Fiber Optic Conduit – Paving Projects Fund of the City of Dubuque, Iowa. Section 2. That $181,116.77 of the cost thereof shall be assessable upon improved residential and commercial properties and that $967,740.28 shall be paid from the Street Construction Fund, $236,475.77 shall be paid from the Watermain Replacement Fund, $238,540.00 shall be paid from the Rosedale Sanitary Sewer Improvements, $18,793.47 shall be paid from the Street Program Related Sanitary Sewer Improvements, $129,709.00 shall be paid from the Rosedale/West Locust Storm Sewer Improvements Fund, and $49,945.87 shall be paid from the Fiber Optic Conduit - Paving Project Fund. th Passed, approved and adopted this 16 day of January, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 18-07 A RESOLUTION ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE ROSEDALE AVENUE RECONSTRUCTION PROJECT INCLUDING CERTAIN INFORMATION REQUIRED BY THE CODE OF IOWA, SPECIFICALLY, THE NUMBER OF ANNUAL INSTALLMENTS INTO WHICH ASSESSMENTS ARE DIVIDED, THE INTEREST ON ALL UNPAID INSTALLMENTS, THE TIME WHEN THE ASSESSMENTS ARE PAYABLE AND DIRECTING THE CLERK TO CERTIFY THE FINAL SCHEDULE AND TO PUBLISH NOTICE THEREOF NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That after full consideration of the Final Schedule of Assessments as shown on the attached sheet(s), Page 1 to Page 3 inclusive, is hereby determined to be the Final Schedule of Assessments to be made for the construction of the Rosedale Avenue Reconstruction Project under contract with Portzen Construction, Inc. of Dubuque, Iowa, and which the Final Schedule th of Assessments were filed in the office of the City Clerk on the 16 day of January, 2007, the said Final Schedule of Assessments be and the same is hereby approved and adopted. That there be, and is hereby assessed and levied as a special tax against and upon each of the benefited properties, the respective sums indicated. Provided, further, that the amounts shown in said Final Schedule of Assessments as deficiencies are found to be proper and levied conditionally against the respective properties benefited by the improvements as shown in the schedule, subject to the provisions of Section 384.63 of the Code of Iowa. Said assessments against said lots are hereby declared to be in proportion to the special benefits conferred and not in excess of twenty-five percent of the value of same. That the City Clerk be and is hereby directed to certify said schedule to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in the manner provided in Section 362.3, the first publication of which shall be not more than fifteen days from the date of filing of the final schedule. On or before the date of the second publication of the notice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided and directed in Section 384.60 of the Code of Iowa. Those assessments may be paid in full or in part without interest at the office of the City th Treasurer, City Hall, 50 W. 13 Street, Dubuque, Iowa, at any time within 30 days after the date of the first publication of this notice of the filing of the Final Schedule of Assessments with the County Treasurer. After 30 days, unpaid assessments of $100.00 or more are payable in 10 annual installments at the County Treasurer’s Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa, and will draw annual interest at nine (9) percent (commencing on the date of acceptance of the work) computed to December 1 next following the due dates of the respective installments as provided in Section 384.65 of the Code of Iowa. Each installment will be delinquent from October 1 following its due date on July 1 of each year. Property owners may elect to pay any annual installments semiannually in advance. th Passed, approved and adopted this 16 day of January, 2007 Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk rd Dubuque Industrial Center West 3 Addition - Contract B Project: City Manager rd recommending acceptance of the Dubuque Industrial Center West 3 Addition - Construction Contract B Project as completed by Horsfield Construction, Inc., in the final contract amount of $2,276,575.15, upon motion received and filed. Cline moved adoption of Resolution No. 19-07 rd Accepting the Dubuque Industrial Center West 3 Addition/Construction Contract B – Paving, Drainage, and Utilities Project and Resolution No. 20-07 Approving final estimate. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 19-07 RD ACCEPTING THE DUBUQUE INDUSTRIAL CENTER WEST 3 ADDITION/CONSTRUCTION CONTRACT B – PAVING, DRAINAGE, AND UTILITIES PROJECT rd Whereas, the contract for the Dubuque Industrial Center West 3 Addition/Construction Contract B – Paving, Drainage, and Utilities Project (the Project) has been completed and the City Manager has examined the work and filed a certificate stating that the Project has been completed according to the terms of the contract, plans and specifications and that the City Manager recommends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Manager is approved and the Project is hereby accepted. Section 2. The City Treasurer is hereby directed to pay to the contractor from the Iowa rd Department of Transportation Rise Grant Fund and the Dubuque Industrial Center West 3 Addition and Chavenelle Road Extension and Sanitary Sewer to Middle Road Project (CIP 3601481) and the Watermain Extension, Dubuque Industrial Center West Project (CIP 7401391) appropriations for the contract amount of $2,276,575.15 less any retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code chapter 573. th Passed, approved and adopted this 16 day of January, 2007 Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 20-07 FINAL ESTIMATE rd Whereas, the construction contract for the Dubuque Industrial Center West 3 Addition/Construction Contract B – Paving, Drainage, and Utilities Project has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $2,568,811.15 and the said amount shall be paid from the Iowa Department of Transportation Rise Grant Fund rd and the Dubuque Industrial Center West 3 Addition and Chavenelle Road Extension and Sanitary Sewer to Middle Road Project (CIP 3601481) and the Watermain Extension, Dubuque Industrial Center West Project (CIP 7401391) of the City of Dubuque, Iowa. th Passed, approved and adopted this 16 day of January, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Third Street Overpass Decorative Railing Project: City Manager recommending acceptance of the Third Street Overpass Decorative Railing Project as completed by Tricon General Construction in the final contract amount of $275,339.38, upon motion received and filed. Cline moved adoption of Resolution No. 21-07 Accepting the Third Street Overpass Decorative Railing Project and Resolution No. 22-07 Approving final estimate. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 21-07 ACCEPTING THE THIRD STREET OVERPASS DECORATIVE RAILING PROJECT Whereas, the contract for the Third Street Overpass Decorative Railing Project(the Project) has been completed and the City Manager has examined the work and filed a certificate stating that the Project has been completed according to the terms of the contract, plans and specifications and that the City Manager recommends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Manager is approved and the Project is hereby accepted. Section 2. The City Treasurer is hereby directed to pay to the contractor from the Third Street Overpass Improvement Project (CIP 7001702) appropriation and the savings from the Conference Center Project (CIP 7001052) for the contract amount of $275,339.38 less any retained percentage provided for therein as 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 16day of January, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 22-07 FINAL ESTIMATE Whereas, the construction contract for the Third Street Overpass Decorative Railing Project, has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $303,108.35 and the said amount shall be paid from the Third Street Overpass Improvement Project (CIP 7001702) appropriation and the savings from the Conference Center Project (CIP 7001052) of the City of Dubuque, Iowa. th Passed, approved and adopted this 16day of January, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Amending to First Transit Contract: Regional Transit Authority - Indemnification Agreement: City Manager recommending approval of an Indemnification Agreement between the City of Dubuque and the Regional Transit Authority as the RTA implements operation of the contracted mini-bus service, upon motion received and filed and approved recommendation. This item was removed from the agenda. 2006 Government Performance and Results Act (GPRA) Annual Products Report: City Manager transmitting the 2006 Government Performance and Results Act (GPRA) Annual Products Report which has been submitted to the National Parks Service, upon motion received and filed. Certified Local Government Annual Report: City Manager submitting the 2006 Certified Local Government (CLG) Report submitted to the State Historical Society of Iowa, upon motion received and filed. Comprehensive Annual Financial Report (CAFR): City Manager transmitting the Fiscal Year 2006 Comprehensive Annual Financial Report (CAFR), Parking Facilities Financial Statements, Dubuque Metropolitan Area Solid Waste Agency Report, Management Letter and City Responses to the Management Letter, upon motion received and filed. Request for Proposals – Four Mounds Archeological Investigation: City Manager recommending approval of the issuance of a Request for Proposals to conduct a Phase I Four Mounds Archeological Investigation, upon motion received and approved recommendation. Washington Neighborhood Urban Revitalization District: Communication from the Long Range Planning Advisory Commission recommending approval of the expansion of the Washington Neighborhood Urban Revitalization District, upon motion received and filed. Comprehensive Plan Update: Long Range Planning Advisory Commission submitting the December 2006 update on the Comprehensive Plan, upon motion received and filed. Legislative Correspondence: Communication to local legislators regarding the impact of the Iowa Historic Preservation Tax Credit program, upon motion received and filed. Port of Dubuque Brewery Development, LLC: City Manager recommending approval of the Port of Dubuque Brewery Development, LLC Assignment of Development Agreement and Lease Agreement to Dubuque Bank and Trust, upon motion received and filed and approved recommendation. Mar Jo Quarry Road: City Manager recommending support of the renaming of Mar Jo Quarry Road to Mines of Spain Road, upon motion received and filed and approved recommendation. Unified Development Code: City Manager recommending approval of the addition of Renae Gabrielson to the Unified Development Code Citizen Advisory Committee, upon motion received and filed and approved recommendation. Settlement of Claim: City Attorney advising that the Iowa District Court for Dubuque County has dismissed all of the claims made by Tina Hessel against the City of Dubuque, City Manager Michael C. Van Milligen, Personnel Manager Randy Peck and Building Services Manager Rich Russell, upon motion received and filed. Dubuque Federal Building Renovation Project: City Manager recommending that the Fiscal Year 2007 budget expenditure for the Federal Building Renovation Project be increased from $1,259,785 to $3,194,843, upon motion received and filed and approved recommendation. City Manager Van Milligan explained the increase and explained the source of funds. Improvement Contracts / Performance, Payment and Maintenance Bonds: Villa Street Retaining Wall – Ornamental Railing Project, upon motion received and filed. Business Licenses: City Manager recommending approval of annual liquor license renewals as submitted, upon motion received and filed. Cline moved adoption of Resolution No. 23-07 Granting the issuance of a Class “C” Beer Permit to El Paisano Grocery Store and Resolution No. 24-07 Granting the issuance of Class “C” Beer/Liquor License to DeMac’s Copper Kettle, Inc., The Lounge, and Taiko Japanese Bar. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 23-07 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved: and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS “C” BEER PERMIT, Inocente Rubio, El Paisano Grocery Store, 1543 Central Ave. th Passed, approved and adopted this 16 day of January, 2007 Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 24-07 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State Laws and all City Ordinances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS “C” BEER/LIQUOR LICENSE, DeMac’s Copper Kettle, Inc., DeMac’s Copper Kettle+(Sunday Sale), 2987 Jackson St.; Phillip Love, The Lounge+(Sunday Sale), 481 Locust St.; Taiko Restaurant Inc., Taiko Japanese Restr.+(Sunday Sale), 2155 S. Park Ct. th Passed, approved and adopted this 16 day of January, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk ITEMS TO BE SET FOR PUBLIC HEARING Request to Purchase: City Manager recommending that a public hearing be set for February 5, 2007 to consider a request from Jason M. Schneider to vacate and purchase a portion of Kelly Lane between Manson Road and Pego Court, upon motion received and filed. Cline moved adoption of Resolution No. 25-07 of intent to vacate and dispose of City interest in Lot A and Lot B of Mineral Lot 511 in the City of Dubuque, Dubuque County, Iowa and set public hearing for 2/5/07 at a meeting to commence at 6:30 P.M. in the public library auditorium and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 25-07 RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN LOT A AND LOT B OF MINERAL LOT 511 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, Jason M. Schneider has requested the vacating and disposal of a portion of Kelly Lane between Manson Road and Pego Court; and Whereas, WHKS & Co. has prepared and submitted to the City Council a plat showing the vacated portion of Kelly Lane between Manson Road and Pego Court and assigned lot numbers thereto, which hereinafter shall be known and described as Lot A and Lot B of Mineral Lot 511 in the City of Dubuque, Dubuque County, Iowa, should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to vacate and dispose of its interest in Lot A and Lot B of Mineral Lot 511 in the City of Dubuque, Dubuque County, Iowa. Section 2. That the conveyance of Lot A and Lot B of Mineral Lot 511 in the City of Dubuque, Dubuque County, Iowa, to Jason M. Schneider be contingent upon the payment of $300.00, plus platting, publication, and filing fees. Section 3. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to vacate and dispose of said real estate to be published in the manner as prescribed by law. th Passed, approved and adopted this 16 day of January, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Greater Downtown Urban Renewal District: City Manager recommending that a public hearing be set for February 20, 2007 to consider an amendment of the Urban Renewal Plan for the Greater Downtown Urban Renewal District to include the rehabilitation, restoration, and renovation of historic buildings for public and governmental uses, including the Carnegie-Stout Public Library and the Former U.S. Federal Building, upon motion received and filed. Cline moved adoption of Resolution No. 26-07 Of necessity finding that the Greater Downtown Urban Renewal District are areas meeting the definitions of slum, blighted and economic development areas and that development of said areas is necessary in the interest of the residents of the City of Dubuque, Iowa and set public hearing for 2/20/07 at a meeting to commence at 6:30 P.M. in the public library auditorium and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 26-07 A RESOLUTION OF NECESSITY FINDING THAT THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT ARE AREAS MEETING THE DEFINITIONS OF A SLUM, BLIGHTED AND ECONOMIC DEVELOPMENT AREAS AND THAT DEVELOPMENT OF SAID AREAS IS NECESSARY IN THE INTEREST OF THE RESIDENTS OF THE CITY OF DUBUQUE, IOWA . Whereas, the City Council of the City of Dubuque has determined that the Greater Downtown Urban Renewal District will provide redevelopment opportunities which will further the purposes and objectives of the Downtown Dubuque Urban Renewal Plan; and Whereas, the City Council has found that the areas meet the definition of a slum, blighted, and economic development area as found in Chapter 403 "Urban Renewal" of the Iowa Code; and Whereas, Chapter 403 of the Iowa Code requires that before urban renewal authority may be exercised, a City Council must adopt a resolution of necessity finding that the area in question is a slum, blighted or economic development area, and that so designating such area is necessary in the interest of the public health, safety or welfare of the residents of the municipality. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the following text amendment is proposed to be added to the Greater Downtown Urban Renewal District, to wit: An amendment is needed to clearly define the public purpose activities to include the rehabilitation, restoration, and renovation of historic buildings for public and governmental uses, including the Carnegie Stout Public Library and the Former U.S. Federal Building; Section 2. That amending the Urban Renewal Plan is necessary and appropriate to facilitate the proper growth and development of the community in accordance with sound planning and local community objectives. Section 3. That the City Manager is authorized and directed to prepare an Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District, to forward said Plan to the City's Long Range Planning Commission for review and comment and to begin the consultation process required by law with affected taxing entities. Section 4. That the City Clerk is directed to publish notice of a public hearing on the adoption of an Amended and Restated Urban Renewal Plan for the Greater Downtown Urban th Renewal District to be held on February 19, 2007at 6:30 p.m. in the Carnegie-Stout Public Library Auditorium, 11th and Bluff Streets, Dubuque, Iowa 52001 and that said notice shall generally identify the areas covered by the Amended and Restated Plan and the general scope of the Amended and Restated Plan and the activities planned for such areas. Section 5. That the City Clerk is further directed to send by ordinary mail a copy of said 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 16 day of January, 2007. Roy D. Buol, Mayor Attest:Jeanne F. Schneider, City Clerk Heron Pond Tree Removal Project: City Manager recommending initiation of the public bidding process for the Heron Pond Tree Removal Project and that a public hearing be set for February 20, 2007, upon motion received and filed. Cline moved adoption of Resolution No. 27-07 Preliminary approval of plans and specifications, Resolution No. 28-07 Setting date of hearing on plans and specifications, and Resolution No. 29-07 Ordering bids and set public hearing for 2/20/07 at a meeting to commence at 6:30 P.M. in the public library auditorium and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 27-07 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Heron Pond Tree Removal Project, in the estimated amount of $80,000, are hereby approved and ordered filed in the office of the City Clerk, for public inspection. Passed, approved and adopted this 16th day of January, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk RESOLUTION NO. 28-07 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS WHEREAS, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection of the Heron Pond Tree Removal Project. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, that on the 20th day of February, 2007, a public hearing will be held at 6:30 p.m. in the Public Library Auditorium, at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, approved and adopted this 16th day of January, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk RESOLUTION NO. 29-07 ORDERING BIDS BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Heron Pond Tree Removal Project is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than forty- five days prior to the receipt of said bids at 2:00 p.m. on the 1st day of February, 2007. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 6:30 p.m. on the 20th day of February, 2007. Passed, approved and adopted this 16th day of January, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk US 20 (Devon Drive to Menards) Capacity Improvements Project – Phase II: City Manager recommending initiation of the public bidding process for the US 20 (Devon Drive to Menards) Capacity Improvements Project – Phase II and that a public hearing be set for March 5, 2007, upon motion received and filed. Cline moved adoption of Resolution No. 30-07 Preliminary approval of plans and specifications, Resolution No. 31-07 Setting date of hearing on plans and specifications, and Resolution No. 32-07 Ordering bids and set public hearing for 3/5/07 at a meeting to commence at 6:30 P.M. in the public library auditorium and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 30-07 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the US 20 (Devon Drive to Menards) Capacity Improvements Project - Phase II, Traffic Signal and Intelligent Transportation System Improvements (STP-A-020-9(187)--22-31) in the estimated amount of $331,430.00 are hereby approved and ordered filed in the office of the City Clerk for public inspection. th Passed, adopted and approved this 16 day of January, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 31-07 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection of the US 20 (Devon Drive to Menards) Capacity Improvements Project - Phase II, Traffic Signal and Intelligent Transportation System Improvements (STP-A-020-9(187)--22-31). NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a public hearing will be held on the 5th day of March, 2007, at 6:30 p.m. in the Public Library Auditorium at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement. th Passed, adopted and approved this 16day of January, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 32-07 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the US 20 (Devon Drive to Menards) Capacity Improvements Project - Phase II, Traffic Signal and Intelligent Transportation System Improvements (STP-A-020-9(187)--22-31) is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than forty- five days prior to the receipt of said bids by the Iowa Department of Transportation by 10 a.m. th Central Time on the 20 day of February, 2007. Bids shall be opened and read by the Iowa th Department of Transportation at 10:30 a.m. Central Time on the 20 day of February, 2007, th and will be submitted to the Council for final action at 6:30 p.m. on the 5 day of March, 2007. th Passed, adopted and approved this 16 day of January, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Fiscal Year 2008 Annual Action Plan: City Manager recommending that a public hearing be set for February 27, 2007 on the Fiscal Year 2008 Annual Action Plan, upon motion received and filed. Cline moved adoption of Resolution No. 33-07 Setting a public hearing on the Program Year 2007 (Fiscal Year 2008) Community Development Block Grant (CDBG) Annual Action Plan and set public hearing for 2/27/07 at a meeting to commence at 6:30 P.M. in the public library auditorium and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 33-07 A RESOLUTION SETTING A PUBLIC HEARING ON THE PROGRAM YEAR 2007 (FISCAL YEAR 2008) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN. Whereas, the City of Dubuque has, through a series of public meetings and hearings, finalized a Fiscal Year 2008 (Program Year 2007) Community Development Block Grant Annual Plan addressing both housing and non-housing needs in the community; and Whereas, copies of the draft Fiscal Year 2008 (Program Year 2007) CDBG Annual Plan will be available for public comment for 30 days prior to City Council action; and Whereas, the City's Community Development Advisory Commission has reviewed and recommended adoption of the Annual Action Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council will meet in the Carnegie Stout Public Library Auditorium, th 360 West 11 Street, Dubuque, Iowa at 6:30 p.m. on February 27, 2007 for the purpose of holding a public hearing and taking action on the Fiscal Year 2008 (Program Year 2007) Community Development Block Grant Annual Action Plan. Section 2. That the City Clerk be and she is hereby authorized and directed to publish a notice of such public hearing and the City Council’s intent to review and take action on the Fiscal Year 2008 (Program Year 2007) Community Development Block Grant Annual Plan. th Passed, approved and adopted this 16 day of January, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Boards/Commissions: Environmental Stewardship Advisory Commission (One 3-year term through October 1, 2010 – term of Suarez - Applicant: Joseph Suarez Housing Code Appeals Board (Two 3-year terms through January 11, 2009 – terms of Durley and Swift and three 3-year terms through January 11, 2010 – terms of Schaub, Kinsella and one vacancy) - Applicants: William J. Kinsella, Jim Matheos, Robert Schaub Transit Board of Trustees (One 3-year unexpired term through July 30, 2008) - Applicant: Sarah Davidson PUBLIC HEARINGS Upon motion the rules were suspended to allow anyone present to address the Council Greg Adams/Stewart Construction, Inc.: Proof of publication on notice of hearing to consider reclassifying property located at the southwest corner of Seippel Road and Old Highway Road (Lot 1 of 2 Mason Cate Estates) from LI Light Industrial District to HI Heavy Industrial District, as requested by Greg Adams/Stewart Construction, Inc., and Zoning Advisory Commission recommending approval, upon motion received and filed. Brian Kane, representing Wayne Briggs and Wayne Stewart, stated that both of the applicants had agreed to the conditions as stipulated by the Zoning Advisory Commission; however, they are now requesting that the City Council amend those conditions to allow parking of vehicles in the buffer (green space) zone, that the building height be modified to 35 feet versus the recommended 20 feet, and that both LI Light Industrial and HI Heavy Industrial be allowed on the 12.56 acres to be rezoned. He stated that one portion of the site would be a scrap yard and the other portion used for a recycling facility. Dianne Brehm, 12458 Cottingham Road; Pat Welsh, 7990 Old Highway Road; Kevin Coates, 14957 Old Highway Road; Bill Chesterman, 12085 Cottingham Road; Joe Vize, 12055 Cottingham Road; Joe Wysocki, 14946 Old Highway Road; Janelle Coats, 14957 Old Highway Road; and Emily Kretz, 8400 Old Highway Road spoke in opposition to the proposed rezoning. Ordinance No. 1-07 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying property located at the southwest corner of Seippel Road and Old Highway Road (Lot 1 of 2 Mason Cate Estates) from LI Light Industrial District to HI Heavy Industrial District, with conditions,presented and read. Connors moved that the requirement that the proposed Ordinance, with the conditions proposed by the Zoning Advisory Commission, be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Jones. Motion carried 7-0. Connors moved final consideration and passage of the Ordinance. Seconded by Jones. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 1-07 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED NEAR THE SOUTHWEST CORNER OF SEIPPEL ROAD AND OLD HIGHWAY ROAD FROM LI LIGHT INDUSTRIAL DISTRICT TO HI HEAVY INDUSTRIAL DISTRICT, WITH CONDITIONS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter-described property from LI Light Industrial District to HI Heavy Industrial District, with conditions, to wit: Lot 1 of 2 of 7 Mason Cate Estates (except the north 200 feet and south 291 feet), and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning 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 16 day of January, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk MEMORANDUM OF AGREEMENT Pursuant to the Iowa Code Section 414.5 (2005), and as an express condition of rezoning of the property described as: Lot 1 of 2 of 7 Mason Cate Estates (except the north 200 feet and south 291 feet) and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa.which is the subject of Ordinance No. 1-07, a copy of which is attached hereto and incorporated herein by reference, the undersigned property owners, agree to the following conditions, all of which the property owner further agrees are reasonable and are imposed to satisfy public needs which are caused directly by the rezoning: A) Conditions: The following conditions shall apply to the subject property: 1) That the allowed uses on the HI Heavy Industrial property be limited to those of the LI Light Industrial District and junk yards and salvage yards. 2) That the maximum building height on the HI Heavy Industrial property be limited to twenty (20) feet. 3) That hours of operation of a junk or salvage facility be limited to 6 a.m. to 6 p.m. weekdays, 6 a.m. to noon on Saturday, and closed on Sunday. 4) That an eight (8) foot high chain line fence with slats be constructed on top of a five (5) foot high berm, fifteen (15) feet wide at the top, located at the top of the slope on the HI Heavy Industrial property’s south end. In addition, pine trees must be planted on the south side of the screening fence spaced twenty (20) feet apart. 5) That uses permitted in the buffer zone (the 291 foot wide area between the south property line and the south HI Heavy Industrial district boundary line) be limited to open space if a salvage yard is located on the HI Heavy Industrial property. If a salvage yard is not located on the HI Heavy Industrial property, the buffer area can be developed for any of the uses permitted in the LI light Industrial district. B) Reclassification of the Subject Property. The City of Dubuque, Iowa may initiate zoning reclassification proceedings to the LI Light Industrial District (which rezoning will include the removal of the performance standards in Section A above) if the property owner fails to complete any of the conditions or provisions of this Agreement. C) Modifications. Any modifications of this Agreement shall be considered a zoning reclassification and shall be subject to the provisions of the Zoning Ordinance governing zoning reclassifications. All such modifications must be approved by the City Council of Dubuque, Iowa. D) Recording. A copy of this Agreement shall be recorded with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this rezoning approval within thirty (30) days of the adoption of Ordinance No. 1-07. E) Construction. This Agreement shall be construed and interpreted as though it were part of Appendix A of the Code of Ordinances of the City of Dubuque, also known as the Zoning Ordinance of the City of Dubuque, Iowa. F) This Agreement shall be binding upon the undersigned and his/her heirs, successor and assignees. ACCEPTANCE OF ORDINANCE NO. 1-07 I, Wayne C. Stewart, representing Stewart Construction, Inc., LLC, property owner, read the terms and conditions of the foregoing Ordinance No 1-07 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. th Dated in Dubuque, Iowa this 16 day of January, 2007. By : Wayne C. Stewart, W.C. Stewart Construction, Inc. nd Published officially in the Telegraph Herald Newspaper the 22 day of January, 2007. /s/Jeanne F. Schneider, CMC, City Clerk 1t 1/22 Port of Dubuque Adams Development, LLC – Development Agreement: Proof of publication on notice of hearing to consider approval of a Development Agreement with Port of Dubuque Adams Development, LLC for a development in the Port of Dubuque, including the Adams Company building site and City Manager recommending approval, upon motion received and filed. Connors moved adoption of Resolution No. 34-07 Determining that the proposal of Port of Dubuque Adams Development, LLC to acquire and develop property in the Greater Downtown Urban Renewal District in the Port of Dubuque in the City of Dubuque, Iowa is in compliance with the terms of the City’s offering for disposition of such property and Resolution No. 35-07 Accepting the proposal from Port of Dubuque Adams Development, LLC for the purchase of property in the Greater Downtown Urban Renewal District in the Port of Dubuque in the City of Dubuque, Iowa and approving the Development Agreement with Port of Dubuque Adams Development, LLC. Seconded by Michalski. Motion carried 7-0. Brian Kane, representing Port of Dubuque Adams Development, LLC, spoke in support of the proposed Development Agreement. Kevin Eipperle, The Durrant Group, described the proposed development and explained the various uses. RESOLUTION NO. 34-07 DETERMINING THAT THE PROPOSAL OF PORT OF DUBUQUE ADAMS DEVELOPMENT, LLC AND THE DURRANT GROUP, L.L.C. TO ACQUIRE AND DEVELOP PROPERTY IN THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT IN THE PORT OF DUBUQUE IN THE CITY OF DUBUQUE, IOWA IS IN COMPLIANCE WITH THE TERMS OF THE CITY’S OFFERING FOR DISPOSITION OF SUCH PROPERTY Whereas, the City Council, by Resolution No. 579-06, dated December 4, 2006, nominated the City Clerk as agent of the City of Dubuque, Iowa, to receive and open on January 9, 2007, at 10:00 a.m., proposals for the disposition of property in the Greater Downtown Urban Renewal District in the Port of Dubuque in accordance with the terms and conditions set forth in the resolution; and Whereas, the City Council has received a proposal, referred to in said resolution, from Port of Dubuque Brewery Development, LLC and the Durrant Group., L.L.C. which proposal meets the terms and conditions of Resolution No. 579-06; and Whereas, the City Clerk has reported to this Council that no qualified, competing proposals were submitted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the report of the City Clerk that no qualified competing proposals were submitted by 10:00 a.m. on January 9, 2007, for the disposition of property in the Greater Downtown Urban Renewal District in the Port of Dubuque be received, filed and adopted. Section 2. That it is hereby determined that the proposal of Port of Dubuque Adams Development, LLC and the Durrant Group., L.L.C. for the development of said property is the only proposal which satisfies the terms and conditions set forth in Resolution No. 579-06 adopted by this Council on December 4, 2006. th Passed, approved and adopted this 16 day of January, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk RESOLUTION NO. 35-07 ACCEPTING THE PROPOSAL FROM PORT OF DUBUQUE ADAMS DEVELOPMENT, L.L.C. AND THE DURRANT GROUP, L.L.C. FOR THE PURCHASE OF PROPERTY IN THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT IN THE PORT OF DUBUQUE IN THE CITY OF DUBUQUE, IOWA AND APPROVING THE DEVELOPMENT AGREEMENT WITH PORT OF DUBUQUE ADAMS DEVELOPMENT, L.L.C. AND THE DURRANT GROUP, L.L.C. Whereas, the City Council, by Resolution No. 579-06, dated December 4, 2006: 1. Adopted the terms and conditions for offering for disposition of certain real property and improvements in the Greater Downtown Urban Renewal District in the City of Dubuque, Iowa, th referred to as the former Adams Company Property and an area along 5 and Bell Streets; 2. Determined that the proposal submitted by Port of Dubuque Adams Development, LLC and the Durrant Group, L.L.C. satisfied the requirements of said offering; 3. Declared its intent to accept the Port of Dubuque Adams Development LLC and the Durrant Group, L.L.C. proposal in the event no other qualified proposals were timely submitted for the property; and 4. Invited competing proposals which met the terms and conditions of the offering, to be submitted to the City Clerk on or before 10:00 a.m., January 9, 2007; and; Whereas, on December 6, 2006, the Resolution was published as the official notice of the offering and of the intent of the City of Dubuque, Iowa, in the event no other qualified proposals were timely submitted, to approve the Development Agreement proposed by Port of Dubuque Adams Development, LLC and the Durrant Group, L.L.C.; and Whereas, by separate Resolution of this date, the City Council has received and approved as its own the report of the City Clerk that no other qualified proposal was received; an Whereas, it is the determination of the City Council that approval of the Development Agreement with Port of Dubuque Adams Development, LLC, and the Durrant Group, L.L.C. is in the public interest of the citizens of the City of Dubuque, and is consistent with the City’s Urban Renewal Plan for the Greater Downtown Urban Renewal District. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Development Agreement by and between the City of Dubuque and Port of Dubuque Adams Development, LLC and the Durrant Group, L.L.C. is in the public interest of the citizens of the City of Dubuque and in furtherance of the City’s Urban Renewal Plan, and is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute said Development Agreement on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. That the City Manager is authorized to take such actions as are necessary to implement the terms of the Development Agreement as herein approved. th Passed, approved and adopted this 16 day of January, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Chaplain Schmitt Memorial Project: Proof of publication on notice of hearing to consider adoption of the plans and specifications for the Chaplain Schmitt Memorial Project and City Manager recommending award of the contract to Tri-State Development Company, LLC, upon motion received and filed. Cline moved adoption of Resolution No. 36-07 Adopting plans and specifications, Resolution No. 37-07 Awarding contract, and Resolution No. 38-07 Approving construction contract with Tri-State Development, LLC for the Chaplain Schmitt Memorial Project. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 36-07 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS WHEREAS, on the 4th day of December, 2006, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Chaplain Schmitt Memorial Project. WHEREAS, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, approved and adopted this 16th day of January, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk RESOLUTION NO. 37-07 AWARDING CONTRACT WHEREAS, sealed proposals have been submitted by contractors for the Chaplain Schmitt Memorial Project pursuant to Resolution No. 582-06, and notice to bidders published in a newspaper published in the City of Dubuque, Iowa, on the 8th day of December, 2006. WHEREAS, said sealed proposals were opened and read on the 4th day of January, 2007, and it has been determined that the bid of Tri-State Development, LLC in the amount of $60,793 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the plans and specifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above improvement be awarded to Tri-State Development, 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. Passed, approved and adopted this 16th day of January, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk RESOLUTION NO. 38-07 APPROVING CONSTRUCTION CONTRACT WITH TRI-STATE DEVELOPMENT, LLC FOR THE CHAPLAIN SCHMITT MEMORIAL PROJECT Whereas, the City Council by Resolution No. 37-07 awarded the construction contract for the Chaplain Schmitt Memorial Project to Tri-State Development, LLC; and Whereas Tri-State Development, LLC has submitted the attached executed contract and bond. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 1. The contract and bond attached hereto are hereby approved. 2. The City Manager is hereby authorized and directed to execute the contract on behalf of the City of Dubuque. Passed, approved and adopted this 16th day of January, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Upon motion the rules were reinstated limiting discussion to the Council. ACTION ITEMS Northeast Iowa Community College: Communication from Penelope H. Wills, President of Northeast Iowa Community College, requesting a Resolution of Support for NICC’s ballot measure “Ensuring the Future for Students and Communities” on February 20, 2007, upon motion received and filed. Cline moved adoption of Resolution No. 39-07 Support. Seconded by Michalski. Motion carried 7-0. Penny Wills, NICC President, spoke in support of the Resolution and explained the improvements that would be made at the college. Mayor Buol stated that it was vital that the measure pass and Council Member Lynch voiced his wholehearted support. RESOLUTION NO. 39-07 RESOLUTION OF SUPPORT WHEREAS, Northeast Iowa Community College, in the counties of Allamakee, Bremer, Buchanan, Chickasaw, Clayton, Delaware, Dubuque, Fayette, Howard, Jackson, Jones, Mitchell and Winneshiek will present to the public a ballot measure requesting authority to contract indebtedness and issue school bonds in an amount not to exceed $35,000,000 to renovate, erects, and equip buildings at multiple campus locations and other enrollment locations, including classroom, laboratory, mechanical and shop upgrades, general facility rehabilitation and new building construction for use by the Community College; and WHEREAS, the above issue will be submitted to the registered voters of the Merged Area School District on Tuesday, February 20, 2007. NOW, THERFORE, BE IT RESOLVED by the City Council of the City of Dubuque, that we endorse and support Northeast Iowa Community College’s ballot measure Ensuring the Future for Students and Communities. th Passed, approved and adopted the 16 day of January, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Individual Historic Designation – 565 Fenelon Place: City Manager recommending approval of an amendment to the Historic Preservation Ordinance for the establishment of 565 Fenelon Place as an Individually Designated Historic Property, upon motion received and filed. Ordinance No. 2-07 Amending Chapter 25 (Historic Preservation) of the City of Dubuque Code of Ordinances by adding Section 25-6.14 and 25-6.14(1) Establishing Individually Designated Historic Properties, presented and read. Michalski moved that the requirement that the proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Jones. Motion carried 7-0. Michalski moved final consideration and passage of the Ordinance. Seconded by Jones. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 2-07 AN ORDINANCE AMENDING CHAPTER 25 (HISTORIC PRESERVATION) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY ADDING SECTION 25-6.14 AND 25-6.14(1) ESTABLISHING INDIVIDUALLY DESIGNATED HISTORIC PROPERTIES. Whereas, the Historic Preservation Commission has recommended amendments to Chapter 25 (Historic Preservation) of the City of Dubuque Code of Ordinances regarding Individually Designated Historic Properties; and Whereas, the City of Dubuque may establish individually designated historic properties to allow for historic preservation funding and design review for exterior alterations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 25-6 of the City of Dubuque Code of Ordinances is hereby amended by adding the following new section: Sec. 25-6.14. Individually Designated Historic Properties: (1) 565 Fenelon Place: E 1/2 LOT 36, E 15' W 1/2 LOT 36, LOT 37 PROSPECT HILL ADD Section 2. This ordinance shall take effect immediately upon publication, as provided by law. th Passed, approved and adopted this 16 day of January, 2007. /s/Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk nd Published officially in the Telegraph Herald Newspaper the 22 day of January, 2007. City of Dubuque Code of Ordinances: City Manager recommending approval of an ordinance adopting the revised City of Dubuque Code of Ordinances, upon motion received and filed. Ordinance No. 3-07 Readopting the codification of all ordinances of the City of Dubuque, Iowa, of a general or public nature or imposing a fine or penalty including codes and maps adopted by reference, as the official Code of the City of Dubuque, Iowa, as provided for and pursuant to Chapter 380 of the Iowa Code; providing for the title and citation of the Code; repealing all ordinances and parts of ordinances of a general or public nature or imposing a fine or penalty, passed on or prior to January 16, 2007, except those not contained in said code or recognized and continued in force by reference therein; providing penalties for the violation of the several sections thereof; and prescribing the time when this ordinance shall be in full force and effect, presented and read. Connors moved that the requirement that the proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Lynch. Motion carried 7-0. Connors moved final consideration and passage of the Ordinances. Seconded by Lynch. Motion carried 7-0. Michalski moved that special commendation be given to the City Attorney, City Clerk and Assistant City Manager for their work on this project. Seconded by Lynch. Motion carried 7-0. ORDINANCE NO. 3-07 AN ORDINANCE READOPTING THE CODIFICATION OF ALL ORDINANCES OF THE CITY OF DUBUQUE, IOWA, OF A GENERAL OR PUBLIC NATURE OR IMPOSING A FINE OR PENALTY INCLUDING CODES AND MAPS ADOPTED BY REFERENCE, AS THE OFFICIAL CODE OF THE CITY OF DUBUQUE, IOWA, AS PROVIDED FOR AND PURSUANT TO CHAPTER 380 OF THE IOWA CODE; PROVIDING FOR THE TITLE AND CITATION OF THE CODE; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES OF A GENERAL OR PUBLIC NATURE OR IMPOSING A FINE OR PENALTY, PASSED ON OR PRIOR TO JANUARY 16, 2007, EXCEPT THOSE NOT CONTAINED IN SAID CODE OR RECOGNIZED AND CONTINUED IN FORCE BY REFERENCE THEREIN; PROVIDING PENALTIES FOR THE VIOLATION OF THE SEVERAL SECTIONS THEREOF; AND PRESCRIBING THE TIME WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. Whereas, pursuant to Ordinance No. 55-76 adopted November 1, 1976, after a duly convened public hearing, the City Council of the City of Dubuque, Iowa, adopted a Code of Ordinances with an effective date of December 3, 1976, as provided in Section 380.8 of the Iowa Code; and Whereas, Section 380.8 of the Iowa Code provides that at least once every five years, a City shall compile a set of Ordinances to be adopted by an ordinance; and , Whereas pursuant to Ordinance No. 63-81, adopted November 6, 1981, the City Council of the City of Dubuque, Iowa, readopted the said Code of Ordinances with an effective date of December 3, 1981, as provided in Section 380.8 of the Iowa Code; and Whereas, pursuant to Ordinance No. 93-86, adopted November 3, 1986, the City Council of the City of Dubuque, Iowa, readopted the said Code of Ordinances, with an effective date of November 17, 1986, as provided in Section 380.8 of the Iowa Code; and Whereas, pursuant to Ordinance No. 34-89, adopted July 17, 1989, the City Council of the City of Dubuque, Iowa readopted the said Code of Ordinances, with an effective date of July 20, 1989 as provided in Section 380.8 of the Iowa Code; and Whereas, pursuant to Ordinance No. 68-94, adopted November 7, 1994, the City Council of the City of Dubuque, Iowa, readopted the said Code of Ordinances, with an effective date of November 14, 1994, as provided in Section 380.8 of the Iowa Code; and Whereas, pursuant to Ordinance No. 92-99, adopted October 18, 1999, the City Council of the City of Dubuque, Iowa, readopted the said Code of Ordinances, with an effective date of October 26, 1999, as provided in Section 380.8 of the Iowa Code; and Whereas, the City Council has determined that the Code of Ordinances should be re- adopted, as edited and compiled, as provided in Section 380.8 of the Iowa Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Code of Ordinances Readopted. That the proposed Code of Ordinances of the City of Dubuque, Iowa printed by Sterling Codifiers, Inc., Coeur d'Alene, Idaho, heretofore filed in the Office of the City Clerk of the City of Dubuque, Iowa, consisting of Chapters 1 through 46, with Appendix A, Appendix B, Appendix C, and Appendix D and including references to codes adopted by reference, a printed copy of which is attached hereto and incorporated herein by reference the same as if set out herein, is hereby adopted as the "Code of Ordinances, City of Dubuque, Iowa". Section 2. Ordinances Repealed. That all ordinances of the City of Dubuque, Iowa, of a general and permanent nature, enacted before January 16, 2007, and not contained in said Code or recognized and continued in force by reference therein are hereby repealed from and after the effective date of said Code, except as hereinafter provided. Section 3. Effect of Repeal; Ordinances Saved. That the repeal provided for in Section 2 hereof shall not affect any of the following: (a) Any offense or act committed or any penalty or forfeiture incurred or any contract or right established or accruing before the effective date of said Code; (b) Any ordinance promising or guaranteeing the payment of money to or from the City, or authorizing the issuance of any bonds or other evidence of indebtedness; (c) Any appropriation or budget ordinance; (d) Any ordinance establishing the compensation of any City officer or employee; (e) Any contract or obligation assumed by the City; (f) Any ordinance relating to the purchase, condemnation, acquisition or dedication of property for public use; (g) Any ordinance dedicating, establishing, opening, reopening, naming, renaming, widening, narrowing or vacating any street, boulevard, avenue, alley or other public way, including rights-of-way; (h) Any ordinance, establishing or changing the grade of any street, avenue, boulevard, traffic way or other public way; (i) Any ordinance authorizing, directing or otherwise relating to any public improvements; (j) Any ordinance establishing or changing the limits of the City or pertaining to consolidations, annexations or exclusions; (k) Any ordinance levying general or special taxes or special assessments; (l) Any ordinance granting pensions for retired officers and employees; (m) Any ordinance granting any right, privilege, easement or franchise to any person, firm or corporation; (n) Any zoning ordinance, or amendment of the City's zoning map; (o) Any ordinance prescribing traffic regulations for specific streets or areas, such as ordinances designating one-way streets, arterial highways, through streets, stop intersections or intersections where traffic is to be controlled by signals, and ordinances prohibiting restriction, limiting or otherwise regulating the stopping, standing or parking of vehicles on specific streets or in specific areas; (p) Any ordinance establishing rates and charges for, or fees for connection to any utility service, not inconsistent with this Code; (q) Any ordinance which, by its own terms, expires after a specified time, or on the prescribed date; (r) Any ordinance enacted on or after May 2, 2005 (s) The appointment of any board or commission member serving on the date of this Ordinance. The above enumeration of exceptions shall not be held or deemed to be exclusive, it being the purpose and intention of this ordinance to exclude from repeal any and all ordinances not of a general nature. Section 4. Severability of Provisions. That each chapter, and any and all subdivisions of said Code hereby readopted, is independent of every other chapter and subdivision thereof, and the invalidity of any other chapter or subdivision thereof, shall not invalidate any other chapter or subdivision thereof. Section 5. Official Copy. That the City Clerk shall attach to the official copy of the Code of Ordinances hereby readopted and attached hereto, the City Clerk's official certificate showing re-adoption and the effective date thereof, and shall retain the said copy and certificate on file in this office where copies of the same shall be subject to public inspection and for sale to the public. Section 6. Amendments. That any additions or amendments to this Code when passed as ordinances amending this Code and which indicate the intention of the Council to make the same a part hereof shall be deemed to be incorporated in this Code so that a reference to the Code of Ordinances, City of Dubuque, Iowa, shall be understood to include them. Section 7. Distribution of Copies. That all printed copies of the Code shall be deposited with the City Clerk for distribution. The City Clerk may sell printed or electronic media format (CD- Rom) copies of said Code at the cost established by the City Clerk. Section 8. General Penalty. That the doing of any act prohibited or declared to be unlawful or an offense by said Code of Ordinances, or the commission or failure to perform any act or duty required by said Code, shall unless another penalty is specified, be punishable by a fine as established by the City Manager. The penalty herein provided for shall be cumulative with and in addition to the revocation, cancellation or forfeiture of any license or permit elsewhere in this Code provided for violation thereof or for civil penalties or violations of municipal ordinances. Section 9. Effective date. That this ordinance consisting of Sections 1 through 9, inclusive, readopting the proposed Code of Ordinances of the City of Dubuque, Iowa, heretofore filed in the Office of the City Clerk of the City of Dubuque, Iowa, consisting of Chapters 1 through 46, with Appendix A, Appendix B, Appendix C, and Appendix D and including codes adopted by reference and all subdivisions, of the same, the same being designated as the "Code of Ordinances, City of Dubuque, Iowa", is in full force and effect from and after the passage and publication of this ordinance, according to law, and the "Code of Ordinances, City of Dubuque, Iowa", shall be in full force and effect from and after the publication of this Ordinance. th Passed, approved and adopted this 16 day of January, 2007. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk nd Published officially in the Telegraph Herald Newspaper the 22 day of January, 2007. /s/Jeanne F. Schneider, CMC, City Clerk 1t 1/22 Convention and Visitors Bureau: City Manager requesting that a work session with the Dubuque Area Chamber of Commerce Convention and Visitors Bureau be scheduled for 5:30 p.m. on Monday, February 5, 2007, upon motion received and filed and approved request. Fiscal Year 2008 Operating Budget and Five Year Capital Improvement Program: City Manager submitting the Fiscal Year 2008 Operating Budget and Five Year Capital Improvement Program, upon motion received and filed. Upon motion Council went into closed session re:Pending Litigation and Property Acquisition – Chapter 21.5(1)(c)(j) 2005 Code of Iowa at 9:09 P.M. At 9:22 Council reconvened Regular session and stated that staff had been given proper direction. There being no further business, upon motion meeting adjourned at 9:23 P.M. /s/Jeanne F. Schneider, CMC City Clerk 1t 1/23