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4 2 07 City Council Minutes Official CITY OF DUBUQUE CITY COUNCIL PROCEEDINGS OFFICIAL The Dubuque City Council met in regular session on April 2, 2007, 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 reviewing such matters which may properly come before the Council. Invocation was provided by Reverend Judy Wadding, Chaplain, Hillcrest Family Services. PROCLAMATIONS America’s Promise Day – April 2, 2007, accepted by Jane Steele, 2371 Carter Rd.; Square Dance Week – April 2, 2007, accepted by Bill and Barb Zubler, 1920 Carter Road; Architecture Month – April, 2007, accepted by Kevin Eipperle, 1133 Arrowhead; Boost Your Hometown Month – April, 2007, accepted by Michael Duehr, 1575 Wood Street; Retired and Senior Volunteer Week – April 15 – 21, 2007, accepted by Bob Schroeder, Finley Hospital, 350 N. Grandview. CONSENT ITEMS Motion by Cline to receive, file, refer to staff, and adopt resolutions where specified. Seconded by Lynch. Braig requested (#7) Installation of Sidewalks on John F. Kennedy Road be held for separate discussion. Motion passed 7-0. Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 1/23; City Council of 3/19; Civil Service Commission of 3/1; Historic Preservation Commission of 3/15; Housing Code Appeals Board of 8/15/06; Housing Commission of 2/27; Long Range Planning Advisory Commission of 3/14; Park and Recreation Commission of 3/13, upon motion received and filed. Proofs of publication of City Council Proceedings of 2/26, 2/27, 3/1, 3/5, 3/7, and 3/8/2007 and List of Claims and Summary of Revenues for Month Ending 2/28/07, upon motion received and filed. Notice of Claims/Suits: David T. Buse for vehicle damage; Deutsche Bank National Trust Company v. Shane P. Klaas and City of Dubuque; Drew Cook and Sons Excavating Company, Inc. for loss of revenue; Jerome F. Ehlers for property damage; Lorraine A. Kelleher for property damage; Jacqueline Moeller for vehicle damage; Jeremy Moses for vehicle damage; Benjamin A. Shaw for property damage; Washington Mutual Bank vs. City of Dubuque et al; Richard Wertzberger for property damage; Lori Ziegenfuss for property damage; upon motion received, 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: David T. Buse for vehicle damage; Drew Cook and Sons Excavating Co., Inc. for loss of revenue; Melanie Flesch for vehicle damage; Jeremy Moses for vehicle damage; Benjamin Shaw for property damage; Richard Wertzberger for property damage; City Attorney recommending settlement of the claim of Jacqueline Moeller for vehicle damage and directing the Finance Department to issue payment, upon motion received, filed, and concurred. Legislative Correspondence: Communications to Senator Tom Rielly and Senator Larry Noble urging support for creation of the Transportation Investment Moves the Economy in the st 21 Century (TIME-21) fund. Communication to State Legislators urging opposition to SF 554 in its current form and any legislation that prevents a community from acquiring a cable television franchise that best meets the needs of its citizens, upon motion received and filed. Indemnification Agreement with Loras College: City Manager recommending approval of the Mutual Indemnification Agreement with Loras College, upon motion received, filed, and approved. Valentine Park 28E Agreement: City Manager recommending approval of the renewal of a 28E Agreement with the Dubuque Community School District for approximately twelve acres of land off Valentine Drive for development of Valentine Park, upon motion received, filed, and approved. ADA Compliance: Communication from Katrina Wilberding, Director of Proudly Accessible Dubuque, regarding ADA compliance, upon motion received and filed. Installation of Sidewalks on John F. Kennedy Road: Communication from Dolores G. Maggio, 2343 Gordon Drive, in opposition to the installation of sidewalks on John F. Kennedy Road. Braig reiterated for the record that Council has requested a report from staff to help decide the next step. It will not be a public hearing when it returns to Council. Michalski said she has received numerous e-mails and recommended forwarding them to the City Clerk to insure public disclosure. Motion by Braig to receive and file. Seconded by Cline. Motion carried 7-0. Interstate Power and Light Company Electric Facilities Extension Agreement: City Manager recommending approval of an agreement with Interstate Power and Light Company to activate the second power pedestal for electric service on the easterly side of Chavenelle Road in Dubuque Industrial Center West, upon motion received, filed, and approved. Cedar Ridge Farm Place No. 7: City Manager recommending acceptance of the public improvements that the developer, Nemmers Cedar Ridge Farm, LP, has recently completed in Cedar Ridge Farm Place No. 7. Upon motion received and filed and Resolution No. 175-07 Accepting improvements in Cedar Ridge Farm Place No. 7 was adopted. RESOLUTION NO. 175-07 ACCEPTING IMPROVEMENTS IN CEDAR RIDGE FARM PLACE NO. 7 Whereas, pursuant to Resolution No. 489-04, certain public improvements including street paving with curb, sanitary sewer main, watermain, storm sewers and catch basins, boulevard street lighting, and a stormwater detention facility were installed by the developer of Cedar Ridge Farm Place No. 7. 2 Whereas, the improvements have been completed and the City Manager has examined the work and has filed a certificate stating that the same has been completed in accordance with the plans approved by the City Council and in conformance with City specifications, and has recommended that the improvements be accepted by the City Council. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said public improvements in Cedar Ridge Farm Place No. 7 be and the same are hereby accepted. Section 2. That maintenance of said improvements shall be the responsibility of the contractor and owner for a period of two (2) years from this date. nd Passed, approved and adopted this 2 day of April, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Fifth Street Reconstruction Project – Alpine Street to Delhi Street: City Manager recommending approval of an amendment to the final assessment schedule for the Fifth Street Reconstruction Project – Alpine Street to Delhi Street. Upon motion received, filed, and Resolution 176-07 Rescinding Resolution No. 74-07 and adopting in lieu thereof a revised final schedule of assessments for the Fifth Street Reconstruction Project – Delhi Street to Alpine Street was adopted. RESOLUTION NO. 176-07 RESCINDING RESOLUTION 74-07 AND ADOPTING IN LIEU THEREOF A REVISED TH FINAL SCHEDULE OF ASSESSMENTS FOR THE 5 STREET RECONSTRUCTION PROJECT – DELHI STREET TO ALPINE STREET Whereas, the City Council passed Resolution 74-07, dated February 20, 2007, approving th the Final Schedule of Assessments for the reconstruction of 5 Street from Delhi Street to Alpine Street; and Whereas, it has been determined that the Final Schedule of Assessments incorrectly charged three properties in the special assessment district for services outside of the project scope. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the attached Revised Final Schedule of Assessments, as shown on the th attached sheets, 1 to 3 inclusive, is hereby determined for the reconstruction of 5 Street from Delhi Street to Alpine Street and the revised special assessments herein are hereby approved. nd Passed, approved and adopted this 2 day of April, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk WEST 5TH STREET RECONSTRUCTION PROJECT (ALPINE TO DELHI) REVISED FINAL SCHEDULE OF ASSESSMENTS PARCEL TOTAL NET PROPERTY OWNER NAME LOT DESCRIPTION NUMBER ASSESSMENT THE FINLEY HOSPITAL Lot 2 Finley Home Addition 10-26-234-038 $40.23 THE FINLEY HOSPITAL Lot 3 Finley Home Addition 10-26-234-038 $233.35 THE FINLEY HOSPITAL Lot 4 Finley Home Addition 10-26-234-038 $717.53 THE FINLEY HOSPITAL Lot 5 Finley Home Addition 10-26-234-003 $2,192.13 THE FINLEY HOSPITAL Lot 1-6 Finley Home Addition 10-26-234-003 $463.89 THE FINLEY HOSPITAL Lot 2-6 Finley Home Addition 10-26-234-004 $1,078.22 3 THE FINLEY HOSPITAL Lot 2A Finley Home Addition 10-26-234-020 $226.35 THE FINLEY HOSPITAL Lot 4A Finley Home Addition 10-26-234-020 $48.63 THE FINLEY HOSPITAL Lot 6A Finley Home Addition 10-26-234-039 $922.54 THE FINLEY HOSPITAL Lot 7A Finley Home Addition 10-26-234-019 $229.50 THE FINLEY HOSPITAL Lot 7 Finley Home Addition 10-26-234-005 $1,588.64 THE FINLEY HOSPITAL Lot 8 Finley Home Addition 10-26-234-006 $1,031.69 THE FINLEY HOSPITAL Lot 8A Finley Home Addition 10-26-234-018 $1,259.09 THE FINLEY HOSPITAL Lot 9 Finley Home Addition 10-26-234-007 $630.07 THE FINLEY HOSPITAL Lot 2-2-10 & 11 Finley Home Addition 10-26-234-008 $255.04 THE FINLEY HOSPITAL Lot A Finley Home Addition 10-26-234-008 $8.05 THE FINLEY HOSPITAL Lot 12 Finley Home Addition 10-26-234-021 $225.30 THE FINLEY HOSPITAL Lot 13 Finley Home Addition 10-26-234-021 $154.63 THE FINLEY HOSPITAL Lot 14 Finley Home Addition 10-26-234-021 $131.19 THE FINLEY HOSPITAL Lot 15 Finley Home Addition 10-26-234-021 $90.61 THE FINLEY HOSPITAL Lot 1 of Minards Subdivision 10-26-234-009 $154.63 THE FINLEY HOSPITAL Lot 2 of Minards Subdivision 10-26-234-010 $22.04 CANGANELLI, MICHAEL D Lot 2-1-18 of Newberry & Hales Sub 10-26-277-001 $1,085.58 LAIRD, WAYNE L Lot 1-1-18 of Newberry & Hales Sub 10-26-277-002 $2,767.64 AVERKAMP, BRADLEY J & Lot 2-18 of Newberry & Hales Sub 10-26-277-003 $1,996.88 ZUGENBUEHLER, CHARLES A & Lot 17 of Newberry & Hales Sub 10-26-277-004 $3,723.50 MC GOVERN, THOMAS C Lot 16 of Newberry & Hales Sub 10-26-277-005 $3,723.50 BENTER, RITA M Lot 15 of Newberry & Hales Sub 10-26-277-006 $3,676.50 LUMLEY, ALAN P Lot 14 of Newberry & Hales Sub 10-26-277-007 $1,850.43 CUE, STEVEN G Lot 1-13 of Newberry & Hales Sub 10-26-277-015 $2,445.81 HARRIS, BRIAN C Lot 2-13 of Newberry & Hales Sub 10-26-277-016 $361.41 DUREY, RUTH ANN Lot 12 of Newberry & Hales Sub 10-26-277-017 $376.20 PREGLER, JOHN T Lot 1-11 of Newberry & Hales Sub 10-26-277-018 $173.81 GRIMME, KATHLEEN M Lot 2-11 of Newberry & Hales Sub 10-26-277-019 $21.85 GRIMME, KATHLEEN M Lot 1-10 of Newberry & Hales Sub 10-26-277-019 $89.43 GIUNTA, JOHN J & AMY S Lot 2-19 of Newberry & Hales Sub 10-26-277-008 $242.40 GIUNTA, JOHN J & AMY S Lot 1-19 of Newberry & Hales Sub 10-26-277-008 $310.65 BERG, DAVID A Lot 20 of Newberry & Hales Sub 10-26-277-009 $183.23 BERG, DAVID A N. 25' of Lot 21 of Newberry & Hales Sub 10-26-277-009 $70.60 KOURPIAS, COSTI S. 25' of Lot 21 of Newberry & Hales Sub 10-26-277-010 $53.46 KOURPIAS, COSTI Lot 22 of Newberry & Hales Subdivision 10-26-277-011 $13.45 KALB, MICHAEL J & JUDY ZAHREN- Lot 1-1-1-1 of Bartels Sub 10-26-235-012 $6,695.27 LARSON, KARA L Lot 2-1-1-1 of Bartels Sub 10-26-235-011 $402.43 LATTNER, DEWANE E & JOAN J Lot 2-1-1 of Bartels Sub 10-26-235-013 $1,898.51 BREITBACH, SHAWN J & MICHELLE Lot 19 of SM Landworthy's Add 10-26-235-014 $4,234.34 LUND, JAMISON R Lot 18 of SM Landworthy's Add 10-26-235-015 $2,737.35 LUND, JAMISON R W. 10' of Lot 17 of SM Landworthy's Add 10-26-235-015 $370.49 DRISCOLL, DAVID M & PEGGY A E. 40' of Lot 17 of SM Landworthy's Add 10-26-235-016 $4,015.80 BILLMEYER, THOMAS P W. 1/2 of Lot 16 of SM Landworthy's Add 10-26-235-017 $1,847.10 MILLER, EUGENE & SHIRLEY E. 1/2 of Lot 16 of SM Landworthy's Add 10-26-235-018 $1,847.10 STEGER, RAYMOND R & BEVERLY W Lot 15 of SM Landworthy's Add 10-26-235-019 $2,984.77 JOHNS, DAVID A & JOYCE L Lot 14 of SM Landworthy's Add 10-26-235-020 $4,354.40 MELOY, THERESE A, DENNIS M & Lot 13 of SM Landworthy's Add 10-26-235-021 $1,879.34 BCJM LLC. Lot 2-A-12 of SM Landworthy's Add 10-26-236-007 $2,256.30 DE MUTH, ROBERT R & DORIS A Lot 1-A-12 of SM Landworthy's Add 10-26-236-006 $187.60 HEFEL, LEON A & SANDRA L Lot 2-B-12 of SM Landworthy's Add 10-26-236-008 $1,236.56 DE MUTH, ROBERT R & DORIS A Lot 1-B-12 of SM Landworthy's Add 10-26-236-006 $47.07 HEFEL, LEON A & SANDRA L Lot 2-A-11 of SM Landworthy's Add 10-26-236-008 $1,315.88 DE MUTH, ROBERT R & DORIS A Lot 1-A-11 of SM Landworthy's Add 10-26-236-006 $187.60 BURKE, ANTHONY D Lot 2-B-11 of SM Landworthy's Add 10-26-236-009 $2,771.20 DE MUTH, ROBERT R & DORIS A Lot 1-B-11 of SM Landworthy's Add 10-26-236-006 $47.07 BURKE, ANTHONY D Lot 2-A-10 of SM Landworthy's Add 10-26-236-009 $1,456.41 DE MUTH, ROBERT R & DORIS A Lot 1-A-10 of SM Landworthy's Add 10-26-236-006 $47.07 STEVENS, DAVID M & RUBY M Lot B-10 of SM Landworthy's Add 10-26-236-010 $2,817.93 STEVENS, DAVID M & RUBY M Lot 9 of SM Landworthy's Add 10-26-236-010 $1,628.88 STEVENS, DAVID M & RUBY M E 130' of Lot 24 of SM Landworthy's Add 10-26-236-010 $15.13 HUFF, VICKIE L Lot 30 of SM Landworthy's Add 10-26-236-005 $208.78 NIELSEN, MARVIN & EDNA Lot 1-1 of Newberry & Hales Sub 10-26-278-002 $2,751.57 STIPANOVICH, DAVID L & BRIDGET Lot 2-1 of Newberry & Hales Sub 10-26-278-001 $442.77 STIPANOVICH, DAVID L & BRIDGET Lot 2 of Newberry & Hales Sub 10-26-278-001 $2,179.90 BRADY, JAMES EDWARD Lot 3 of Newberry & Hales Sub 10-26-278-008 $367.46 GROBSTICK, STEVEN M & MEIKKA S Lot 4 of Newberry & Hales Sub 10-26-278-009 $185.24 4 BALK, RICKY F & HEIDI J Lot 5 of Newberry & Hales Sub 10-26-278-010 $130.44 VAN ZILE, SHAUN RYAN & JULIE A N. 38' of Lot 6 of Newberry & Hales Sub 10-26-278-011 $29.25 TWINING, ROBERT T & CONSTANCE Lot 2 of SM Landworthy's Add 10-26-278-020 $32.95 KING, DAVID J & STEFFANY L Lot 3 of SM Landworthy's Add 10-26-278-019 $235.67 KELLEHER, THOMAS R II & KARI M Lot 4 of SM Landworthy's Add 10-26-278-018 $323.76 N. 62'10" of the N 112'10" Lot 5 SM LIVELY, MICHAEL E & SHARON K Landworthy's Add 10-26-278-007 $1,366.31 S. 50' of the N 112'10" Lot 5 SM Landworthy's LIVELY, MICHAEL E & SHARON K Add 10-26-278-007 $399.07 KOTZ, DAVID J SR & ROSE A S. 50' of Lot 5 of SM Landworthy's Add 10-26-278-017 $206.09 Coberley, Adam R N. 112'10" of Lot 6 of SM Landworthy's Add 10-26-278-006 $3,624.43 KOTZ, DAVID J SR & ROSE A S. 50' of Lot 6 of SM Landworthy's Add 10-26-278-017 $206.09 SZYMANSKI, GEORGE L Lot 7 of SM Landworthy's Add 10-26-278-005 $2,944.88 KUETER, CHRISTOPHER J & GRETCHEN S Lot 1-8 of SM Landworthy's Add 10-26-278-004 $1,701.83 GRINDE, LISA R Lot 2-8 of SM Landworthy's Add 10-26-278-003 $2,421.09 SMITH, MAUREEN E & RICHARD W Lot 2-31 of SM Landworthy's Add 10-26-236-019 $2,555.44 MC CARRON, ROBERT J & SUSAN K Lot 1-31 of SM Landworthy's Add 10-26-236-018 $1,234.18 MC CARRON, ROBERT J & SUSAN K S. 2' of Lot 32 of SM Landworthy's Add 10-26-236-018 $30.59 ROETH, AARON J N. 48' of Lot 32 of SM Landworthy's Add 10-26-236-017 $862.68 KOMPARE, JOHN A Lot 33 of SM Landworthy's Add 10-26-236-016 $430.67 Marty, Mark O & Robin L Lot 34 of SM Landworthy's Add 10-26-236-015 $181.21 DUBUQUE COMMUNITY SCHOOL Lot 1 of Mineral Lot 80 10-26-237-003 $303.32 DUBUQUE COMMUNITY SCHOOL Lot 2 of Mineral Lot 80 10-26-237-003 $330.60 DUBUQUE COMMUNITY SCHOOL Lot 3 of Mineral Lot 80 10-26-237-003 $176.32 DUBUQUE COMMUNITY SCHOOL Lot 24 of Bradstreets Dubuque 10-26-237-003 $1,817.79 DUBUQUE COMMUNITY SCHOOL Lot 23 of Bradstreets Dubuque 10-26-237-003 $1,893.36 DUBUQUE COMMUNITY SCHOOL Lot 22 of Bradstreets Dubuque 10-26-237-003 $1,954.58 DUBUQUE COMMUNITY SCHOOL Lot 21 of Bradstreets Dubuque 10-26-237-003 $2,001.11 DUBUQUE COMMUNITY SCHOOL Lot 20 of Bradstreets Dubuque 10-26-237-003 $2,039.59 WILLIAMS, MARY ELLEN Lot 1 of Bradstreets Dubuque 10-25-105-032 $1,750.24 MC GINNIS, MICHAEL DANIEL & MARY SUE Lot 2 of Bradstreets Dubuque 10-25-105-033 $2,856.57 O'MARA, THOMAS J & BRIGITE Lot 3 of Bradstreets Dubuque 10-25-105-034 $4,395.56 O'MARA, THOMAS J & BRIGITE Lot 2-4 of Bradstreets Dubuque 10-25-105-034 $392.68 AREA RESIDENTIAL CARE FOUNDATION Lot 1-2-1-4 of Bradstreets Dubuque 10-25-105-035 $1,273.52 MUNZ, GABRIEL M Lot 2-2-1-4 of Bradstreets Dubuque 10-25-105-031 $56.82 MUNZ, GABRIEL M Lot 1-1-4 of Bradstreets Dubuque 10-25-105-031 $181.88 AREA RESIDENTIAL CARE FOUNDATION Lot 1-2-5 of Bradstreets Dubuque 10-25-105-035 $1,760.33 MUNZ, GABRIEL M Lot 2-2-5 of Bradstreets Dubuque 10-25-105-031 $65.22 MUNZ, GABRIEL M Lot 1-5 of Bradstreets Dubuque 10-25-105-031 $209.45 COLE, MYRON B S. 40' of Lot 6 of Bradstreets Dubuque 10-25-105-030 $169.78 COLE, MYRON B N. 10' of Lot 6 of Bradstreets Dubuque 10-25-105-030 $35.97 DUSTER, ROGER F & CAROL J Lot 7 of Bradstreets Dubuque 10-25-105-029 $142.55 PECHOUS, NANCY J Lot 8 of Bradstreets Dubuque 10-25-105-028 $61.19 MC DONALD, RAYMOND P ETAL Lot 17 of Bradstreets Dubuque 10-25-105-016 $105.57 Wagner, Marc N & Sweeney, Levi J N. 40' of Lot 18 of Bradstreets Dubuque 10-25-105-017 $127.08 REITER, JEFFREY L S. 10' of Lot 18 of Bradstreets Dubuque 10-25-105-018 $42.36 REITER, JEFFREY L N. 25' of Lot 19 of Bradstreets Dubuque 10-25-105-018 $123.72 MOYER, STANLEY R & CAROL J S. 25' of Lot 19 of Bradstreets Dubuque 10-25-105-019 $176.50 W. 24 2/3' - N. 117' 6" - Lot 23 of T.S. Nairns LENSTRA, TERRANCE P & JULIE L Dubuque 10-26-279-001 $884.54 E. 25 1/3' - N. 117' 6" - Lot 23 of T.S. Nairns FUERST, STEVEN A Dubuque 10-26-279-002 $908.07 KERSCH, MATTHEW J & COLLEEN M S. 46' of Lot 24 of T.S. Nairns Dubuque 10-26-279-005 $180.87 FUERST, STEVEN A N. 117' 6" of Lot 24 of T.S. Nairns Dubuque 10-26-279-002 $1,792.60 KERSCH, MATTHEW J & COLLEEN M S. 46' of Lot 24 of T.S. Nairns Dubuque 10-26-279-005 $180.87 TOPF, MARK & ELIZABETH M Lot 25 of T.S. Nairns Dubuque 10-26-279-003 $2,946.90 TOPF, MARK & ELIZABETH M W. 7' 6" - Lot 26 of T.S. Nairns Dubuque 10-26-279-003 $295.85 MULLOWNEY, ANTHONY J E. 42.5 - Lot 26 of T.S. Nairns Dubuque 10-26-279-004 $2,584.71 HUSEMANN, MARION DIANN Lot 1-27 of T.S. Nairns Dubuque 10-25-151-001 $2,836.40 OLSEN, MATTHEW C Lot 2-27 of T.S. Nairns Dubuque 10-25-151-002 $517.74 HEITZMAN, JILL M & RESSLER,ROBERT W Lot 7 of T.S. Nairns Dubuque 10-26-279-015 $186.25 5 GOFFINET, MARY J Lot 8 of T.S. Nairns Dubuque 10-26-279-016 $136.83 GUINTA, RICHARD Lot 9 of T.S. Nairns Dubuque 10-26-279-017 $18.15 DRURY, ROBERT N & POLLY J N. 20' of Lot 20 of T.S. Nairns Dubuque 10-26-279-008 $18.49 DRURY, ROBERT N & POLLY J S. 20' of Lot 21 of T.S. Nairns Dubuque 10-26-279-008 $52.45 CORRIGAN, GERALD T & ANNA M N. 30' of Lot 21 of T.S. Nairns Dubuque 10-26-279-007 $86.40 CORRIGAN, GERALD T & ANNA M S. 10' of Lot 22 of T.S. Nairns Dubuque 10-26-279-007 $32.27 OLDS, ROY D & ANGELA M N. 40' of Lot 22 of T.S. Nairns Dubuque 10-26-279-006 $157.00 BENDA, DENNIS E & CHRISTINE A Lot 2-2-1-1-33 of T.S. Nairns Dubuque 10-25-152-001 $4,023.45 BEHR, RICHARD J & PAULA J Lot 1-2-1-1-33 of T.S. Nairns Dubuque 10-25-152-002 $3,361.60 HAMILL, DONALD E & JANICE A Lot 1-1-1-33 of T.S. Nairns Dubuque 10-25-152-012 $6,824.87 GRANT, JAMES W & LEONA E Trust Lot 1-2-33 of T.S. Nairns Dubuque 10-25-152-013 $1,014.98 GRANT, JAMES W & LEONA E Trust Lot 2-2-33 of T.S. Nairns Dubuque 10-25-152-014 $124.73 KLUSEMAN, RALPH D S. 1/2 -2-1-33 of T.S. Nairns Dubuque 10-25-152-004 $287.78 GANSEMER, RAYMOND M N. 1/2 -2-1-33 of T.S. Nairns Dubuque 10-25-152-003 $503.96 KINGSLEY, ROBERT W & KATHLEEN Lot 28 of T.S. Nairns Dubuque 10-25-152-015 $65.89 GRANT, JAMES W & LEONA E Trust Lot 1-6 of T.S. Nairns Dubuque 10-25-152-014 $350.65 OPPELT, ROGER A Lot 1-2-6 of T.S. Nairns Dubuque 10-25-152-005 $223.91 KONRARDY, CYRIL N & IONE M Lot 2-2-6 of T.S. Nairns Dubuque 10-25-152-006 $116.66 $162,362.16 Financing for Port of Dubuque Parking Ramp: City Manager recommending approval of a Financing Term Sheet with Robert W. Baird & Company for financing of the public parking ramp in the Port of Dubuque. Upon motion received, filed, and approved. Certificate of Completion – Chavenelle Warehouse Development, LLC: City Manager recommending approval of the issuance of a Certificate of Completion to the Developer acknowledging conditional completion of their obligations to construct Minimum Improvements as stipulated by the Chavenelle Warehouse Development, LLC Development Agreement for Theisen Supply, Inc., upon motion received, filed, and approved. Demolition of Property at 620 Iowa Street: Historic Preservation Commission recommending City Council approval of a request to demolish the McDonald’s Restaurant Building at 620 Iowa Street to construct a new facility, upon motion received, filed, and approved. Drug Awareness Resistance Education Contract: City Manager recommending approval of the Drug Awareness Resistance Education (DARE) contract between the City of Dubuque, the Dubuque Community Schools, and the Holy Family Catholic Schools, upon motion received, filed, and approved. Dubuque Metropolitan Area Solid Waste Agency: Communication from the Dubuque Metropolitan Area Solid Waste Agency advising that the Board of Directors of the Agency voted unanimously to extend the Waste Delivery Contract with the City of Dubuque for an additional one-year term, upon motion received and filed. Purchase of Replacement Tractor-Backhoe-Loader: City Manager recommending approval of the purchase of a replacement tractor-backhoe-loader for the Public Works Department at a cost of $67,799.44. Upon motion received, filed, and Resolution No. 177-07 Approving expenditures in excess of $25,000 for certain purchases of goods and equipment was adopted. 6 RESOLUTION NO.177-07 APPROVING EXPENDITURES IN EXCESS OF $25,000 FOR CERTAIN PURCHASES OF GOODS AND EQUIPMENT Whereas, the City Manager recommends the purchase of the following goods and equipment. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The purchase of the following are hereby approved: Item Purchase Price Vendor John Deere 410J $67,799.44 Martin Equipment Company Tractor/Backhoe/Loader nd Passed, approved and adopted this 2 day of April, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Tri-State Trail Vision: Communication from Dr. Charles Winterwood, Vice President of Tri- State Trail Vision, and expressing appreciation to the City for including the feasibility study for a hiking/biking trail along the middle fork of Catfish Creek in the FY 2008 budget and offering assistance with the study, upon motion received and filed. Sustainable Design Assessment Team (SDAT): City Manager recommending approval for Four Mounds Executive Director Christine Happ Olson to serve on the Sustainable Design Assessment Team Steering Committee, upon motion received, filed, and approved. Bricktown Update: City Manager submitting an update on the calls for service for Bricktown from November 1, 2006, to March 15, 2007, upon motion received and filed. Union-Hoermann Press: Communication from Union-Hoermann Press requesting to purchase a portion of a City street/alley abutting the property at 2175 Kerper Boulevard, upon motion received, filed, and referred to City Manager. Signed Contracts: Point of Service Plan – Amendment 1, Federal Building Renovation Project – Asbestos Removal, and Floodwall Improvement Projects – Change Orders #4 and #5, upon motion received and filed. Improvement Contracts / Performance, Payment and Maintenance Bonds: Historic Old Main Street – Lighting and Sidewalk Replacement Project, upon motion received and filed. Business Licenses: City Manager recommending approval of annual liquor license renewals as submitted. Upon motion received, filed, and Resolution No. 178-07 Granting the issuance of one new license to sell cigarettes within the City; Resolution No. 179-07 Granting the issuance of a Class “B” Beer Permit to McAleece Park Recreation Complex and a Class “C” Beer Permit to Hy-Vee Gas #3, Kwik Stop C-Store and Hy-Vee #3; and Resolution No. 180-07 Granting the issuance of a Class “C” Beer/Liquor License to Hudson’s Classic Grill, Knights of Columbus, Marco’s, West Dubuque Tap and Noonan’s Tap; a Class “B” Wine Permit to Hy-Vee #3; and a Class “WBN” Wine Permit to Kwik Stop C-Store, Bluff Street Brew Haus, Hy-Vee Gas #3, and Park Farm Winery, were adopted. 7 RESOLUTION NO. 178-07 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. NEW Hartig Drug Co. # 8 Hartig Drug Company 1600 University Ave nd Passed, approved and adopted this 2 day of April, 2007. Roy D.Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 179-07 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 “B” BEER PERMIT City of Dubuque McAleece Park Rec Complex+(Sunday/Outdoor Sale)1801 Admiral Sheehy CLASS “C” Hy-Vee Inc. Hy-Vee Gas # 3+(Sunday Sale) 300 Locust St Rainbo Oil Com. Kwik Stop C-Store+(Sunday Sale) 2335 University Ave Hy-Vee Inc. Hy-Vee # 3+(Sunday Sale) 400 Locust St nd Passed, approved and adopted this 2 day of April, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 180-07 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 Heim Enterprises Inc Hudson’s Classic Grill+(Sunday Sale) 2345 NW Arterial Knights of Columbus#510 Knight of Columbus #510+(Sunday Sale) 781 Locust St Marco’s Inc Marco’s Italian American Food 2022 Central Av Donna Ginter West Dubuque Tap+(Sunday Sale) 1701 Asbury Rd Mary Lou Kamp Noonan’s Tap+(Sunday Sale) 1618 Central Av CLASS “B”WINE Hy-Vee, Inc Hy-Vee # 3 400 Locust St 8 CLASS “WBN” WINE Rainbo Oil Co. Kwik Stop C-Store 2335 University Av Jerry Anderson Bluff Street Brew Haus 372 Bluff St Hy-Vee Inc Hy-Vee Gas # 3 300 Locust St Park Farm Winery, Inc Park Farm Winery 236 Main St nd Passed, approved and adopted this 2 day of April, 2007 Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk ITEMS TO BE SET FOR PUBLIC HEARING Motion by Lynch to receive, file, adopt resolutions, set public hearings as specified, and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Jones. Motion carried 7-0. 2007 Asphalt Paving Project: City Manager recommending initiation of the public bidding process for the 2007 Asphalt Paving Project and that a public hearing on the plans and specifications, form of contract, and estimated cost be set for April 16, 2007. Upon motion received, filed, and Resolution No.181-07 Preliminary approval of plans and specifications, form of contract, and estimated cost for the 2007 Asphalt Paving Project; Resolution No. 182- 07 Setting date of hearing on plans and specifications, form of contract, and estimated cost for the 2007 Asphalt Paving Project; and Resolution No. 183-07 Ordering the advertisement for bids for the 2007 Asphalt Paving Project were adopted setting a public hearing at a meeting to commence at 6:30 p.m. on April 16, 2007, in the public library auditorium. RESOLUTION NO. 181-07 PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE 2007 ASPHALT PAVING PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the 2007 Asphalt Paving Project, in the estimated amount $902,085.38, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. nd Passed, adopted and approved this 2 day of April, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 182-07 FIXING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE 2007 ASPHALT PAVING PROJECT Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval to the proposed plans, specifications, form of contract, and estimated cost for the 2007 Asphalt Paving Project (the Project) and ordered the same to be on file in the office of the City Clerk for public inspection. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: th That a public hearing will be held on the 16 day of April, 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 estimated cost of said Project, and 9 the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. nd Passed, adopted and approved this 2 day of April, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 183-07 ORDERING THE ADVERTISEMENT FOR BIDS FOR THE 2007 ASPHALT PAVING PROJECT NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the 2007 Asphalt Paving 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. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, by publishing the attached Notice to Bidders to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published more than twenty days but not more than forty-five days before the date for filing th bids at 2:00 p.m. on the 26 day of April, 2007. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for final action at the City Council meeting to be held at 6:30 p.m. on the 7th day of May, 2007, in the Public Library Auditorium, th 360 West 11 Street, Dubuque, Iowa. nd Passed, adopted and approved this 2 day of April, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Downtown Streetlight and Traffic Signalization Pole Painting Project: City Manager recommending initiation of the public bidding process for the Downtown Streetlight and Traffic Signalization Pole Painting Project and that a public hearing on the plans and specifications, form of contract, and estimated cost be set for April 16, 2007. Upon motion received, filed, and Resolution No. 184-07 Preliminary approval of plans and specifications, form of contract, and estimated cost for the Downtown Streetlight and Traffic Signalization Pole Painting Project; Resolution No. 185-07 Setting date of hearing on plans and specifications, form of contract, and estimated cost for the Downtown Streetlight and Traffic Signalization Pole Painting Project; and Resolution No. 186-07 Ordering the advertisement for bids for the Downtown Streetlight and Traffic Signalization Pole Painting Project were adopted setting a public hearing at a meeting to commence at 6:30 p.m. on April 16, 2007, in the public library auditorium. 10 RESOLUTION NO. 184-07 PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE DOWNTOWN STREETLIGHT AND TRAFFIC SIGNALIZATION POLE PAINTING PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Downtown Streetlight and Traffic Signalization Pole Painting Project, in the estimated amount $73,668.54, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. nd Passed, adopted and approved this 2 day of April, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 185-07 FIXING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE DOWNTOWN STREETLIGHT AND TRAFFIC SIGNALIZATION POLE PAINTING PROJECT Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval to the proposed plans, specifications, form of contract, and estimated cost for the Downtown Streetlight and Traffic Signalization Pole Painting Project (the Project) and ordered the same to be on file in the office of the City Clerk for public inspection. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: th That a public hearing will be held on the 16 day of April, 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 estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. nd Passed, adopted and approved this 2 day of April, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 186-07 ORDERING THE ADVERTISEMENT FOR BIDS FOR THEDOWNTOWN STREETLIGHT AND TRAFFIC SIGNALIZATION POLE PAINTING PROJECT NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Downtown Streetlight and Traffic Signalization Pole Painting 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. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, by publishing the attached Notice to Bidders to be published in 11 a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published more than twenty days but not more than forty-five days before the date for filing th bids at 2:00 p.m. on the 26 day of April, 2007. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for final action at the City Council th meeting to be held at 6:30 p.m. on the 7 day of May, 2007, in the Public Library Auditorium, th 360 West 11 Street, Dubuque, Iowa. nd Passed, adopted and approved this 2 day of April, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Port of Dubuque Outdoor Plaza – Phase I Project: City Manager recommending initiation of the public bidding process for the Port of Dubuque Outdoor Plaza – Phase I Project and that a public hearing on the plans and specifications, form of contract, and estimated cost be set for May 7, 2007. Upon motion received, filed, and Resolution No. 187-07 Preliminary approval of plans and specifications, form of contract, and estimated cost for the Port of Dubuque Outdoor Plaza – Phase I Project; Resolution No. 188-07 Setting date of hearing on plans and specifications, form of contract, and estimated cost for the Port of Dubuque Outdoor Plaza – Phase I Project; and Resolution No. 189-07 Ordering the advertisement for bids for the Port of Dubuque Outdoor Plaza – Phase I Project were adopted setting a public hearing for a meeting to commence at 6:30 p.m. on May 7, 2007, in the public library auditorium. RESOLUTION NO. 187-07 PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE PORT OF DUBUQUE OUTDOOR PLAZA PHASE 1 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 Port of Dubuque Outdoor Plaza Phase 1, in the estimated amount $903,126, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. nd Passed, adopted and approved this 2 day of April, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 188-07 FIXING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE PORT OF DUBUQUE OUTDOOR PLAZA PHASE 1 Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval to the proposed plans, specifications, form of contract, and estimated cost for the Port of Dubuque Outdoor Plaza Phase 1 (the Project) and ordered the same to be on file in the office of the City Clerk for public inspection. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: th That a public hearing will be held on the 7 day of May, 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 estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twenty days prior 12 to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. nd Passed, adopted and approved this 2 day of April, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 189-07 ORDERING THE ADVERTISEMENT FOR BIDS FOR THE PORT OF DUBUQUE OUTDOOR PLAZA PHASE 1 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Port of Dubuque Outdoor Plaza Phase 1 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. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, by publishing the attached Notice to Bidders to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published more than twenty days but not more than forty-five days before the date for filing bids at 2:00 p.m. on the 25th day of April, 2007. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for final action at the public hearing th at 6:30 p.m. on the 7th day of May, 2007, in the Public Library Auditorium, 360 West 11 Street, Dubuque, Iowa. nd Passed, adopted and approved this 2 day of April, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Carnegie Stout Public Library Landmark Nomination: Communication from the Long Range Planning Advisory Commission recommending that a public hearing be set for May 21, 2007, to consider approval of the nomination of Carnegie Stout Public Library as a historic landmark. Upon motion received, filed and approved setting a public hearing for a meeting to commence at 6:30 p.m. on May 21, 2007, at a in the public library auditorium. BOARDS/COMMISSIONS Applicants were invited to address the Council regarding their desire to serve on the following Boards/Commissions: Airport Commission: One unexpired term through September 14, 2008, Term of Goodmann. Applicants: Sue Czeshinski, Terry Mozena, Eric Savage, Timothy Rink. Communication from Molly Grover in support of Sue Czeshinski. Sue Czeshinski, 2203 Sunny Slope Dr., spoke in support of her appointment. Molly Grover, 300 Main St., spoke in support of Sue Czeshinski. Mediacom Cultural Foundation: Two expired one-year terms through December 31, 2007, Terms of Hall and Fabricius. Applicants: Gail Chavenelle, Tom Goodman, Rich Hall, Michele McKinlay, Gene Perry, Edwin Ritts, John Tilton, Vince Williams, John Woodin. Vince Williams spoke in support of his appointment. Dan Walsh, 3216 Brook Hollow, spoke in support of Tim Rink. 13 Appointments to the following Boards/Commissions: Mechanical Code Board: Two expired three-year terms through March 16, 2009 (Terms of Geisler and Willenborg). Three expired three-year terms through March 26, 2010 (Terms of Bandy, Kelly and Papin). Applicants: Chuck Bandy, Michael Kelly, Paul Papin, Harlan Willenborg. Motion by Michalski to appoint Chuck Bandy, Michael Kelly, and Paul Papin to three-year, expired terms through March 26, 2010. Seconded by Connors. Motion carried 7-0. Motion by Michalski to appoint Harlan Willenborg to a three-year, expired term through March 16, 2009. Seconded by Connors. Motion carried 7-0. PUBLIC HEARINGS Upon motion the rules were suspended to allow anyone present to address the Council. Request to Purchase – Portion of Lenox Addition: Proof of publication on notice of hearing to consider a request from Richard Plowman to vacate and purchase a portion of Lots 314 and 315 of Lenox Addition and City Manager recommending approval. Jones moved to receive, file, and adopt Resolution 190-07 Approving plat of survey of Lot 1 and Lot 2 of Lenox Addition No. 3; and Resolution No. 191-07 Disposing of City interest in Lot 1 of Lenox Addition No. 3 in the City of Dubuque, Dubuque County, Iowa. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 190-07 RESOLUTION APPROVING PLAT OF SURVEY OF LOT 1 AND LOT 2 OF LENOX ADDITION NO. 3 Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat th dated the 5 day of March, 2007, prepared by William Burger, Land Surveyor, describing the proposed division of Lots 314 and 315 of Lenox Addition; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: th Section 1. That the plat dated the 5 day of March, 2007, prepared by William Burger, Land Surveyor, 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. 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. nd Passed, approved and adopted this 2 day of April, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 191-07 RESOLUTION DISPOSING OF CITY INTEREST IN LOT 1 OF LENOX ADDITION NO. 3 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of rd Dubuque, Iowa on this 23 day of March, 2007, the City Council of the City of Dubuque, Iowa nd met on the 2 day of April, 2007, at 6:30 p.m. in the Public Library Auditorium, 360 West 11 Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as: Lot 1 of Lenox Addition No. 3 in the City of Dubuque, Dubuque County, Iowa 14 Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposal to sell such real estate, except for easement as noted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the sale of City of Dubuque real property described as Lot 1 of Lenox Addition No. 3 in the City of Dubuque, Dubuque County, Iowa, to Richard Plowman be and the same is hereby approved for the sum of $5,000.00, plus the cost of platting, publication, and filing fees. Conveyance shall be by Quit Claim Deed. Section 2. 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 Richard Plowman upon receipt of the purchase price in full. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. nd Passed, approved and adopted this 2 day of April, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Expansion of Kendall/Hunt Publishing Company, Westmark Enterprises, Inc., and Great River Technologies, LLC: Proof of publication on notice of hearing to consider approval of a Development Agreement with Walter Development LLC, who will be constructing a 120,000 square foot distribution facility and office for Kendall/Hunt Publishing Company, Westmark Enterprises, Inc. and Great River Technologies, LLC, all related companies, on 13.915 acres in Dubuque Industrial Center West and City Manager recommending approval. Motion by Connors to receive, file, and adopt Resolution No. 192-07 Determining that the proposal of Walter Development, LLC, Kendall/Hunt Publishing Company, Westmark Enterprises, Inc., and Great River Technologies, LLC, to acquire and develop property in the Dubuque Industrial th Center Economic Development Urban Renewal District in Dubuque Industrial Center West 7 Addition in the City of Dubuque, Iowa, is in compliance with the terms of the City’s offering for the disposition of such property; and Resolution No. 193-07 Accepting the proposal from Walter Development, LLC, Kendall/Hunt Publishing Company, Westmark Enterprises, Inc., and Great River Technologies, LLC, for the purchase of property in the Dubuque Industrial Center th Economic Development Urban Renewal District in Dubuque Industrial Center West 7 Addition in the City of Dubuque, Iowa, and approving the Development Agreement with Walter Development, LLC, Kendall/Hunt Publishing Company, Westmark Enterprises, Inc., and Great River Technologies, LLC. Seconded by Lynch. Tim Hodge, 1050 Richards Road, President, Walter Development, LLC, spoke in support of the project. Motion carried 7-0. RESOLUTION NO. 192-07 DETERMINING THAT THE PROPOSAL OF WALTER DEVELOPMENT, LLC, KENDALL HUNT PUBLISHING COMPANY, WESTMARK ENTERPRISES, INC. AND GREAT RIVER TECHNOLOGIES, LLC TO ACQUIRE AND DEVELOP PROPERTY IN THE DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT URBAN RENEWAL DISTRICT IN TH DUBUQUE INDUSTRIAL CENTER WEST 7 ADDITION IN THE CITY OF DUBUQUE, IOWA IS IN COMPLIANCE WITH THE TERMS OF THE CITY’S OFFERING FOR THE DISPOSITION OF SUCH PROPERTY Whereas, the City Council, by Resolution No. 107-07, dated February 20, 2007, nominated the City Clerk as agent of the City of Dubuque, Iowa, to receive and open on March 27, 2007, at 10:00 a.m., proposals for the disposition of property in the Dubuque Industrial Center 15 th Economic Development Urban Renewal District in Dubuque Industrial Center West 7 Addition 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 Walter Development, LLC, Kendall Hunt Publishing Company, Westmark Enterprises, Inc. and Great River Technologies, LLC which proposal meets the terms and conditions of Resolution No. 107-07; 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 March 27, 2007, for the disposition of property in the Dubuque Industrial Center Economic Development Urban Renewal District in Dubuque Industrial Center th West 7 Addition be received, filed and adopted. Section 2. That it is hereby determined that the proposal of Walter Development, LLC, Kendall Hunt Publishing Company, Westmark Enterprises, Inc. and Great River Technologies, LLC for the development of said property is the only proposal which satisfies the terms and conditions set forth in Resolution No. 107-07 adopted on February 20, 2007. nd Passed, approved and adopted this 2 day of April, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk RESOLUTION NO. 193-07 ACCEPTING THE PROPOSAL FROM WALTER DEVELOPMENT, LLC, KENDALL HUNT PUBLISHING COMPANY, WESTMARK ENTERPRISES, INC. AND GREAT RIVER TECHNOLOGIES, LLC FOR THE PURCHASE OF PROPERTY IN THE DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT URBAN RENEWAL DISTRICT IN th DUBUQUE INDUSTRIAL CENTER WEST 7 ADDITION IN THE CITY OF DUBUQUE, IOWA AND APPROVING THE DEVELOPMENT AGREEMENT WITH WALTER DEVELOPMENT, LLC, KENDALL HUNT PUBLISHING COMPANY, WESTMARK ENTERPRISES, INC. AND GREAT RIVER TECHNOLOGIES, LLC Whereas, the City Council, by Resolution No. 107-07, dated February 20, 2007: 1. Adopted the terms and conditions for offering for disposition of certain real property and improvements in the Dubuque Industrial Center Economic Development Urban Renewal District in the City of Dubuque, Iowa, legally described as follows: Lot 1 Dubuque Industrial th Center West 7 Addition in the City of Dubuque; and 2. Determined that the proposal submitted by Walter Development, LLC, Kendall Hunt Publishing Company, Westmark Enterprises, Inc. and Great River Technologies, LLC satisfied the requirements of said offering; and 3. Declared its intent to accept the Walter Development, LLC, Kendall Hunt Publishing Company, Westmark Enterprises, Inc. and Great River Technologies, LLC 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., March 27, 2007; and; Whereas, on February 23, 2007, 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 Walter Development, LLC, Kendall Hunt Publishing Company, Westmark Enterprises, Inc. and Great River Technologies, LLC; and 16 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; and Whereas, it is the determination of the City Council that approval of the Development Agreement with Walter Development, LLC, Kendall Hunt Publishing Company, Westmark Enterprises, Inc. and Great River Technologies, LLC 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 Dubuque Industrial Center Economic Development 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 Walter Development, LLC, Kendall Hunt Publishing Company, Westmark Enterprises, Inc. and Great River Technologies, LLC 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. nd Passed, approved and adopted this 2 day of April, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk 2030 Future Land Use Map: Proof of publication on notice of hearing to consider adoption of the 2030 Future Land Use Map and City Manager recommending approval. Motion by Connors to receive, file and approve. Seconded by Braig. Motion carried 7-0. City Hall Parking Lot Reconstruction Project: Proof of publication on notice of hearing to consider adoption of the plans and specifications, form of contract, estimated cost and Resolution of Necessity for the City Hall Parking Lot Reconstruction Project and City Manager recommending approval. Motion by Jones to receive, file, and adopt Resolution No. 194-07 Approval of plans and specifications, form of contract, and estimated cost for the City Hall Parking Lot Reconstruction Project; and Resolution No. 195-07 With respect to adoption of the Resolution of Necessity for the City Hall Parking Lot Reconstruction Project. Connors said she was glad to see green space and bioswales included. Jones said this project had outstanding amenities that will also benefit Farmer’s Market. Michalski expected minimum interruption to adjacent property owners and consideration be given to parking alternatives such as shuttles from the Port of Dubuque. Assistant City Manager Steinhauser informed Council that Parking System Supervisor Tim Horsfield is working on scenarios for employee/citizen parking and business deliveries. Motion carried 7-0. RESOLUTION NO. 194-07 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE CITY HALL PARKING LOT RECONSTRUCTION PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the City Hall Parking Lot Reconstruction Project, in the estimated amount $838,477.55, are hereby approved. nd Passed, adopted and approved this 2 day of April, 2007. 17 Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 195-07 RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PROPOSED FOR THE CITY HALL PARKING LOT RECONSTRUCTION PROJECT Whereas, the City Council has proposed a Resolution of Necessity for the City Hall Parking Lot Reconstruction Project has given notice of the public hearing thereon as required by law; and Whereas, the public hearing has been held, all persons offering objections have been heard and consideration given to all objections and is pending before this Council; and Whereas, this is the time and place set as provided for the taking of action on the proposed Resolution of Necessity. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed Resolution of Necessity described above is hereby: X_ Adopted, without amendment, and all objections filed or made having been duly considered are overruled. Adopted as amended by the Preliminary Schedule of Assessments attached hereto as Exhibit A, and made a part hereof by reference. All objections filed or made having been duly considered are overruled. Deferred for later consideration to a City Council meeting to be held on the _____ day of 2007, next at 6:30 p.m. in the Public Library Auditorium, with jurisdiction retained for further consideration and action at the adjourned meeting. Abandoned. nd Passed, adopted and approved this 2 day of April, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk City Hall Envelope Restoration (Tuckpointing) Project: Proof of publication on notice of hearing to consider adoption of the plans and specifications, form of contract, and estimate of cost for the City Hall Envelope Restoration (Tuckpointing) Project and City Manager recommending rejection of the bids received. Motion by Jones to receive, file, and adopt Resolution No. 196-07 Rejecting bids for the City Hall Envelope Restoration (Tuckpointing) Project. Seconded by Braig. Michalski questioned if Alternates 1 & 2 should be done sooner than whole project. City Manager will ask staff. Motion carried 7-0. RESOLUTION NO. 196-07 REJECTING BIDS FOR THE CITY HALL ENVELOPE RESTORATION (TUCKPOINTING) PROJECT Whereas, sealed proposals have been submitted by contractors for the City Hall Envelope Restoration (Tuckpointing) Project (the Project) pursuant to Resolution No. 128-07 and notice th to bidders published in the City of Dubuque, Iowa, on the 6 day of March, 2007. th Whereas, sealed proposals were opened and read on the 27 day of March, 2007, and Whereas, the City Council has deemed it advisable to reject all bids and re-bid the Project at a later date. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 18 Section 1. That the bids for the above Project be rejected. nd Passed, adopted and approved this 2 day of April, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Federal Building – Exterior Window Lead Abatement Removal and Painting, and Renovated Areas Window Repair, Glass Replacement, Interior Window Lead Paint Removal and Painting Project: Proof of publication on notice of hearing to consider adoption of the plans and specifications, form of contract and estimated cost for the Federal Building Exterior Window Lead Paint Removal and Painting, and Renovated Areas Window Repair, Glass Replacement, Interior Window Lead Paint Removal and Painting Project and City Manager recommending award of the contract to Tricon General Construction in the amount of $408,000. Motion by Jones to receive, file, and adopt Resolution No. 197-07 Approval of plans and specifications, form of contract, and estimated cost for the Federal Building Exterior Window Lead Paint Removal and Painting, and Renovated Areas Window Repair, Glass Replacement, Interior Window Lead Paint Removal and Painting Project; and Resolution No. 198-07 Awarding the contract for the Federal Building Exterior Window Lead Paint Removal and Painting, and Renovated Areas Window Repair, Glass Replacement, Interior Window Lead Paint Removal and Painting Project to Tricon General Construction. Jones asked if this included aluminum window replacement. Project Manager Steve Brown said that because of stipulations in the purchase of the Federal Building from the National Parks Department, the project will involve repairing existing windows versus replacing. Motion carried 7-0. RESOLUTION NO. 197-07 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE FEDERAL BUILDING EXTERIOR WINDOW LEAD PAINT REMOVAL & PAINTING, AND RENOVATED AREAS WINDOW REPAIR, GLASS REPLACEMENT, INTERIOR WINDOW LEAD PAINT REMOVAL & PAINTING PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Federal Building Exterior Window Lead Paint Removal & Painting and Renovated Areas Window Repair, Glass Replacement, Interior Window Lead Paint Removal & Painting Project, in the estimated amount $468,000, are hereby approved. nd Passed, adopted and approved this 2 day of April, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 198-07 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE FEDERAL BUILDING EXTERIOR WINDOW LEAD PAINT REMOVAL & PAINTING, AND RENOVATED AREAS WINDOW REPAIR, GLASS REPLACEMENT, INTERIOR WINDOW LEAD PAINT REMOVAL & PAINTING PROJECT Whereas, sealed proposals have been submitted by contractors for the Federal Building Exterior Window Lead Paint Removal & Painting, and Renovated Areas Window Repair, Glass Replacement, Interior Window Lead Paint Removal & Painting Project (the Project) pursuant to Resolution No. 131-07 and Notice to Bidders published in a newspaper published in the City of thth Dubuque, Iowa on the 6 and 9 days of March, 2007. 19 th Whereas, said sealed proposals were opened and read on the 27 day of March, 2007 and it has been determined that Tricon General Construction of Dubuque, Iowa, with a bid in the amount of $408,000, is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a Public Improvement Contract for the Project is hereby awarded to Tricon General Construction and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. nd Passed, approved and adopted this 2 day of April, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk REINSTATE THE RULES Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Residential Parking Permit District (First Reading on March 5, 2007 and Second Reading on March 19, 2007): Jones moved final consideration and adoption of Ordinance No. 14-07 Amending the Code of Ordinances of the City of Dubuque, Iowa, by adopting a new Section 32-401 providing for the designation of Phyllrich Drive between Keystone Drive and Keymont Drive as a Residential Parking Permit District. Seconded by Braig. Motion carried 5-2 with Cline and Michalski voting nay. OFFICIAL PUBLICATION ORDINANCE NO. 14-07 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY ADOPTING A NEW SECTION 32-401 PROVIDING FOR THE DESIGNATION OF PHYLLRICH DRIVE BETWEEN KEYSTONE DRIVE AND KEYMONT DRIVE AS A RESIDENTIAL PARKING PERMIT DISTRICT Whereas, Sections 32-381 and 32-393 of the Code of Ordinances of the City of Dubuque, Iowa, empowers the City Council to establish a Residential Parking Permit District upon receipt of a valid petition and the finding of certain conditions; and Whereas, a valid petition has been received to declare an area described as follows as a Residential Parking Permit District: Phyllrich Drive, between Keystone Drive and Keymont Drive; and Whereas, the City Manager has caused a parking study of the above identified area to be conducted, and which study has established that the area meets the criteria as established in Section 32-383 of the Code of Ordinances of the City of Dubuque, Iowa: 1. At least 80 percent (80%) of the curbside parking spaces in the proposed Parking Permit District were utilized during peak periods; and 2. At least 25 percent (25%) of the curbside parking spaces in the proposed Parking Permit District were utilized by nonresident parkers; and Whereas, the City Manager, based upon the petition and the results of the parking study, recommends to the City Council that the area be designated as a Residential Parking Permit District during the hours of 7:00 a.m. to 3:00 p.m. daily, except Saturdays, Sundays, and holidays; and 20 rd Whereas, the City Council pursuant to public notice on 23 day of February, 2007, in the City of Dubuque Telegraph Herald, a newspaper of general circulation, met in session on the th 5day of March, 2007, at 6:30 p.m. at the Carnegie Stout Public Library, 360 11th Street, Dubuque, Iowa, for the purpose of hearing all interested persons and representatives of organizations and to consider any and all objections which have been filed to the proposed designation of the above area as a Residential Parking Permit District during the hours of 7:00 a.m. to 3:00 p.m. daily, except Saturdays, Sundays, and holidays; and Whereas, all interested parties have been given an opportunity to be heard and all objections have been duly considered. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That a petition containing the required number of signatures and meeting the intent and purpose of Section 32-381 through 32-393 of the Code of Ordinances of the City of Dubuque, Iowa, has been received by the City of Dubuque. Section 2. That any and all objections to the designation of the area as a Residential Parking Permit District during the hours of 7:00 a.m. to 3:00 p.m. daily, except Saturdays, Sundays, and holidays be and same are overruled. Section 3. That the recommendation of the City Manager based upon the petition and the parking study to designate the area as a Residential Parking Permit District during the hours of 7:00 a.m. to 3:00 p.m. daily, except Saturdays, Sundays, and holidays, is hereby approved and accepted. Section 4. That the Code of Ordinances of the City of Dubuque, Iowa, be amended by enacting the following new Section 32-401: SEC. 32-401. RESIDENTIAL PARKING PERMIT DISTRICT H. a) The following described area constitutes a Residential Parking Permit District designated as Residential Parking Permit “H”. Phyllrich Drive, between Keystone Drive and Keymont Drive b) No vehicles shall park curbside in Residential Parking Permit District H during the hours of seven o’clock (7:00) A.M. to three o’clock (3:00) P.M., except Saturdays, Sundays, and holidays, without displaying a valid parking permit issued by the City. nd Passed, approved and adopted this 2 day of April, 2007. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald Newspaper the 6th day of April, 2007. /s/Jeanne F. Schneider, CMC, City Clerk 1t 4/6 Greater Dubuque Development Corporation: Communication from Rick Dickinson, Executive Director of the Greater Dubuque Development Corporation, requesting financial support for the implementation of the Greater Dubuque: Destination for Opportunity campaign. City Manager recommending approval of GDDC’s request to provide $100,000 per year over the next five years for implementation of the Greater Dubuque: Destination for Opportunity campaign. Rick Dickinson, Executive Director of the Greater Dubuque Development Corporation, provided a presentation of the Greater Dubuque: Destination for Opportunity campaign, which highlighted its three, five-year goals: 5,500 new jobs at $16/hr and above, $300,000 in commercial construction, and a 6% increase in county population. Motion by Connors to receive, file, and approve. Seconded by Michalski. Motion carried 7-0. 21 Historic Preservation Commission Membership: Communication from the Historic Preservation Commission requesting City Council review of an amendment to the Historic Preservation Ordinance which would allow property owners or business owners to temporarily represent vacant historic district seats until such time that a resident volunteer can be appointed and that the proposed ordinance be forwarded to the State Historical Society of Iowa (SHSI) for review and comment prior to adoption. Motion Jones to receive, file, and approve. Seconded by Lynch. Motion carried 7-0. City/County Fringe Area Policy Agreement: City Manager submitting a draft letter from Mayor Roy D. Buol to Dubuque County Board of Supervisors Chairperson Eric Manternach requesting to reopen discussions on creating a Fringe Area Policy Agreement that is acceptable to both the City of Dubuque and Dubuque County. Motion by Michalski to receive, file, and approve. Seconded by Cline. Motion carried 7-0. Long Range Planning Advisory Commission: Communication from the Long Range Planning Advisory Commission regarding the objectives in the Land Use and Urban Design Element and recommending that the wording of Objective 9.8 be revised. Motion by Connors to receive, file, and approve. Seconded by Lynch. Braig questioned why the Long Range Planning Commission is asking for a vote on a specific objective. She suggested waiting to vote on the document as a whole after additional elements and objectives are reviewed at future work sessions. After discussion and input from Planning Services Manager Laura Carstens, Council concurred to have the City Attorney review the elements before they are given to Council for review at work sessions. Motion by Connors to receive and file. Seconded by Lynch. Motion carried 7-0. Proposed Millworking Historic District – Status Report: City Manager submitting a status report on the proposed Millworking Historic District and recommending approval to proceed with the submission of a National Register Historic District nomination for the District. Motion by Jones to receive, file, and approve. Seconded by Lynch. Council questioned the need for having a plan in place before seeking historic designation. Planning Services Manager Laura Carstens said that such a designation would make benefits available to property owners if and when they wanted to take advantage of them. City Manager Van Milligen said a citizen committee is working on a plan to be completed this fall and recommended tabling. Motion by Jones to receive, file, and table. Seconded by Michalski. Motion carried 7-0. Parking Control Equipment Purchase: City Manager recommending that Federal APD be considered as a sole source provider for parking control equipment for the new City-owned lot adjacent to McGraw-Hill Company in the Port of Dubuque, the new Port of Dubuque Parking Ramp, and for replacement equipment in existing ramps. Motion by Jones to receive, file and approve. Seconded by Braig. Motion carried 7-0. Fifth Street Reconstruction Project – Alpine Street to Hill Street: City Manager recommending award of the construction contract for the Fifth Street Reconstruction Project – Alpine Street to Hill Street to Horsfield Construction, Inc., in the amount of $764,204.90. Motion by Connors to receive, file, and adopt Resolution No. 199-07 Awarding public improvement contract for the Fifth Street Reconstruction Project – Alpine to Hill Street, and Resolution No. 200-07 Approving the public improvement contract and bonds with Horsfield Construction, Inc., for the Fifth Street Reconstruction project – Alpine Street to Hill Street. Seconded by Jones. Motion carried 7-0. 22 RESOLUTION NO. 199-07 th AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE 5 STREET RECONSTRUCTION PROJECT – ALPINE STREET TO HILL STREET th Whereas, sealed proposals have been submitted by contractors for the 5 Street Reconstruction Project – Alpine Street to Hill Street (the Project) pursuant to Resolution No. 104-07 and Notice to Bidders published in a newspaper published in the City of Dubuque, Iowa on the 23rd day of February, 2007. Whereas, said sealed proposals were opened and read on the 22nd day of March, 2007 and it has been determined that Horsfield Construction, Inc. of Epworth, Iowa, with a bid in the amount of $764,204.90, is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a Public Improvement Contract for the Project is hereby awarded to Horsfield Construction, Inc. and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. nd Passed, approved and adopted this 2 day of April, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 200-07 APPROVING THE PUBLIC IMPROVEMENT CONTRACT AND BOND WITH HORSFIELD TH CONSTRUCTION, INC. FOR THE 5 STREET RECONSTRUCTION PROJECT – ALPINE STREET TO HILL STREET Whereas the City Council by Resolution No. 199-07 awarded Public Improvement Contract th for the 5 Street Reconstruction Project – Alpine Street to Hill Street to Horsfield Construction, Inc.; and Whereas Horsfield Construction, Inc.has submitted the attached executed Public Improvement Contract and bond. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The Public Improvement Contract and bond attached hereto are hereby approved. nd Passed, approved and adopted this 2 day of April, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk COUNCIL MEMBER REPORTS (None) PUBLIC INPUT (None) CLOSED SESSION Upon motion Council adjourned to closed session at 8:32 p.m. regarding Personnel Issue – Chapter 21.5(1)(i) 2007 Code of Iowa, and Collective Bargaining Strategy – Iowa Code Chapter 20.17(3) Upon motion Council reconvened regular session at 8:51 p.m. stating that staff had been given proper direction. 23 There being no further business, upon motion the meeting adjourned at 8:52 p.m. /s/ Kevin S. Firnstahl Asst. City Clerk 24