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6 4 07 City Council Minutes Official CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m., on June 4, 2007, in the Public Library Auditorium. Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski, Assistant City Manager Steinhauser; City Attorney Lindahl Absent: City Manager Van Milligen Invocation was provided by Reverend Doctor Jim Dotson, Grandview United Methodist Church. PROCLAMATIONS United States Army Week (June 11 – 17, 2007) PRESENTATION Presentation of photograph to the Citizens of Dubuque from the Officers and men of the USS Dubuque LPD8 CONSENT ITEMS Motion by Cline to receive and file the documents including the amended agenda, approve, refer to staff, and adopt resolutions as indicated. Seconded by Braig. Connors requested that (#13) Fiscal Year 2008 Arts and Culture Funding Program be held for separate discussion. Cline requested that (#16) Grandview Pet Park be held for separate discussion. Motion carried 7-0. Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 4/24; City Council of 5/21; Electrical Code Board of 5/14; Enterprise Zone Commission of 5/8; Historic Preservation Commission of 5/17; Plumbing Board of 5/16; Transit Board of 5/14. Upon motion the documents were received and filed. Notice of Claims/Suits: Jwan E. Brookins for vehicle damage; Christy Link for personal injury; , Lauren Schrup for vehicle damage. Upon motion the documents were receivedfiled and referred to the City Attorney. City Attorney advising that the following claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Jwan Brookins for vehicle damage. Upon motion the documents were received, filed, and concurred. Snow Removal Assessments: City Manager recommending approval of the final assessment schedule for the 2006 – 2007 Snow Removal and Right-of-Way Obstruction Removal Project in the amount of $6,792.59. Upon motion the documents were received and filed, and Resolution No. 308- 07 Adopting the final assessment schedule for the Snow Removal Assessment – Right-of-Way Obstruction Removal Assessment Project was adopted. RESOLUTION NO. 308-07 ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE SNOW REMOVAL ASSESSMENT – RIGHT-OF-WAY OBSTRUCTION REMOVAL ASSESSMENT PROJECT NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: After full consideration, the Final Schedule of Assessments as shown on the attached sheet(s), Page 1 to Page 4 inclusive, is hereby approved for the Snow Removal Assessment – Right-of-Way Obstruction Removal Assessment Project. There is hereby assessed and levied as a special tax against and upon each of the benefited properties, the respective sums indicated. 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 Final Schedule of Assessments, subject to the provisions of Iowa Code § 384.63. 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. The City Clerk be and is hereby directed to certify the Final Schedule of Assessments 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 Iowa Code § 362.3, the first publication of which shall be not more than fifteen days from the date of filing of the Final Schedule of Assessments. 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 in Iowa Code § 384.60. The assessments may be paid in full or in part without interest at the office of the City Treasurer, th City Hall, 50 W. 13 Street, Dubuque, Iowa, at any time within 30 days after the date of the first notice of the Final Schedule of Assessments. Thereafter, 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 percent (9%) 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. However, when the last day of September is a Saturday or Sunday, that amount shall be delinquent from the second business day of October. Delinquent installments will draw the same delinquent interest as ordinary taxes. Property owners may elect to pay any annual installments semi- annually in advance. th Passed, approved and adopted this 4 day of June, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cooperative Traffic Paint and Pavement Markings Agreement: City Manager recommending approval of a Traffic Paint and Pavement Markings Agreement between the City of Dubuque and the City of Asbury. Upon motion the documents were received and filed, and Resolution No. 309-07 Approving Traffic Paint and Pavement Markings Agreement between the City of Dubuque and the City of Asbury was adopted. RESOLUTION NO. 309-07 APPROVING TRAFFIC PAINT AND PAVEMENT MARKINGS AGREEMENT BETWEEN THE CITY OF DUBUQUE AND THE CITY OF ASBURY Whereas, jurisdiction over certain roadways in Dubuque County is divided down the centerline between City of Dubuque and the City of Asbury; and Whereas, City of Dubuque, Iowa, and City of Asbury, Iowa, agree that painting of pavement 2 markings divided down roadway centerlines is not cost efficient or practical; and Whereas, City of Dubuque is willing to perform traffic paint and pavement marking operations on portions of roadways located in Dubuque County, specifically, Middle Road, from Radford Road to Seippel Road, and Seippel Road, from Middle Road to Chavenelle Road; and Whereas, City of Asbury is willing to perform traffic paint and pavement marking operations on portions of roadway located in the City of Dubuque, specifically, Asbury Road, from Seippel Road east to Briarwood Drive and Heacock Road; and Whereas, it is necessary that City of Dubuque and City of Asbury enter into an agreement regarding the traffic paint and pavement markings on these roadways. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council of the City of Dubuque hereby approves and directs the Mayor to sign the attached Traffic Paint and Pavement Markings Agreement with City of Asbury for traffic paint and pavement markings on said roadways. th Passed, adopted and approved this 4 day of June, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Crescent Community Health Center Parking Lot: City Manager recommending acceptance of the Crescent Community Health Center Parking Lot Project as completed by Portzen Construction, Inc., in the final contract amount of $127,552.28. Upon motion the documents were received and filed, and Resolution No. 310-07 Accepting the Crescent Community Health Center Parking Lot Project and authorizing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 310-07 ACCEPTING THE CRESCENT COMMUNITY HEALTH CENTER PARKING LOT PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Crescent Community Health Center Parking Lot Project (the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the Community Health Center appropriation for the contract amount of $127,552.28 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 4 day of June, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Loras Boulevard Traffic Signalization Project: City Manager recommending acceptance of the Loras Boulevard Traffic Signalization Project as completed by Portzen Construction, Inc., in the final contract amount of $289,081.02. Upon motion the documents were received and filed, and Resolution No. 311-07 Accepting the Loras Boulevard Traffic Signalization Project and authorizing the payment of the contract amount to the contractor was adopted. 3 RESOLUTION NO. 311-07 ACCEPTING THE LORAS BOULEVARD TRAFFIC SIGNALIZATION REPLACEMENT PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Loras Boulevard Traffic Signalization Replacement Project (the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the Traffic Signal Mastarm Retrofit Funds, Traffic Signal Intersection Reconstruction Funds, Traffic Signal Interconnect Conduit Replacement Funds, Downtown Streetlight Replacement Schedule Funds, Curb/Catch Basin Replacement Funds, Storm General Funds and City of Dubuque Sidewalk Program Capital Improvement Project Funds appropriation for the contract amount of $289,081.02 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 4 day of June, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 2411 Central – Request to Demolish: Historic Preservation Commission recommending approval of a request from Lynn and Amy Schmitz to demolish the condemned building located at 2411 Central Avenue. Upon motion the documents were received, filed, and approved. Millworking Historic District Nomination: City Manager recommending approval of the selection of History Pays! to prepare the National Register of Historic Places nomination for the proposed Millworking Historic District. Upon motion the documents were received, filed, and approved. Shot Tower Archeological Survey – Contract Amendment: City Manager recommending approval of an amendment to the contract with Great Lakes Archeological Research Center for additional services associated with the Shot Tower Archeological Investigation. Upon motion the documents were received, filed, and approved. National League of Cities Application for Technical Assistance: City Manager recommending approval to respond to a request for proposals for NLC technical assistance in support of youth leadership development activities. Upon motion the documents were received, filed, and approved. Municipal Housing Agency Governing Board: City Manager transmitting information about the Municipal Housing Agency Governing Board and the 2006 HUD Appropriation Act which has eliminated the need for the board and advising that the Housing Commission has decided to continue with the board. Upon motion the documents were received and filed. Washington Neighborhood Visioning Consultant: City Manager recommending approval of the selection of MSA Professionals to conduct the Washington Neighborhood visioning process in the amount of $10,292. Upon motion the documents were received, filed, and approved. Fiscal Year 2008 Arts and Culture Funding Program: Arts and Culture Affairs Advisory Commission 4 recommending approval of eleven Fiscal Year 2008 Arts and Culture Operating Support funding requests and authorization for the City Manager to sign the funding agreements. Motion by Connors to receive and file the documents and approve. Seconded by Michalski. Connors expressed concern over changing the grant cap from 50% to 40%, but will rely on the judgment of the Commission. Motion carried 7-0. Fiscal Year 2008 Special Projects Arts and Culture Grants: Arts and Cultural Affairs Advisory Commission recommending approval of the Fiscal Year 2008 Arts and Culture Grants for Special Projects and authorization for the City Manager to sign the grant agreements. Upon motion the documents were received, filed, and approved. Government Finance Officers Association – Certificate of Achievement: City Manager advising that the City has received the Government Finance Officers Association Certificate of Achievement for Excellence in Financial Reporting for the Comprehensive Annual Financial Report for the nineteenth consecutive year. Upon motion the documents were received and filed. Grandview Avenue Pet Park: Communication from Dave Kelley, 3249 Bittersweet Lane, in support of the Grandview Avenue Pet Park. Motion by Cline to receive and file the documents. Seconded by Lynch. Cline stated that no decision has been made to close the park and various options are being considered. Braig said that closing at 8 p.m. is during high-use hours. She also stated that the park is not being closed, but the hours had been changed. Motion carried 7-0. Sidewalks on John F. Kennedy Road: Communication from Ann Cook, 1590 Kane Street, in support of the installation of sidewalks along John F. Kennedy Road. Upon motion the documents were received and filed. Traffic Light Synchronization on Locust Street: Communication from Karl Stieglitz, 533 Lowell Street, regarding removal of the synchronization of lights on Locust Street. Upon motion the documents were received, filed, and referred to the City Manager Cell Phone Contract: City Manager recommending approval of the selection of ComElec-US Cellular for the City’s basic cellular phone service. Upon motion the documents were received, filed, and approved. Improvement Contracts / Performance, Payment and Maintenance Bonds: Upon motion the documents were received and filed, and Resolution No. 312-07 Approving public improvement contracts and bonds: City Hall Parking Lot Reconstruction Project 2007, Asphalt Paving Project, Downtown Streetlight and Traffic Signalization Pole Painting Project, Third Floor Office Expansion Project was adopted. RESOLUTION NO. 312-07 APPROVING PUBLIC IMPROVEMENT CONTRACTS AND BONDS Whereas, the City Council has awarded the following public improvement contracts: 1. By Resolution No. 247-07, Public Improvement Contract for the City Hall Parking Lot Reconstruction Project to Portzen Construction, Inc.; and 2. By Resolution No. 248-07, Public Improvement Contract for the 2007 Asphalt Paving Project to River City Paving; and 3. By Resolution No. 249-07, Public Improvement Contract for the Downtown Streetlight and Traffic Signalization ole Painting Project to Alan Jackson Tuckpointing, Inc.; and 5 4. By Resolution No. 250-07, Public Improvement Contract for the Third Floor Office Expansion Project to Klauer Development Corporation; and Whereas, the Contractors have submitted the attached executed Public Improvement Contracts and Bonds. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The Public Improvement Contracts and Bonds attached hereto are hereby approved. th Passed, approved and adopted this 4 day of June, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Liquor License Transfer: Request of the Rotary Club of Dubuque to transfer their liquor license to A.Y. McDonald Park on June 13, 2007. Upon motion the documents were received, filed, and approved. Business Licenses: City Manager recommending approval of annual liquor license renewals as submitted. Upon motion the documents were received and filed, and Resolution No. 313-07 Granting the issuance of a Class “B” Liquor License to Days Inn/Spirits Bar and Grill; Special Class “C” Liquor License (5-Day Special Event) to Dubuque Jaycees and Dubuque Family Restaurant; Class “C” Beer/Liquor License to Kalmes Breaktime (1-Day Outdoor Service); Class “B” Wine Permit to Ooh La La; and Class “WBN” Native Wine Permit to Dubuque American Lady; and Resolution No. 314-07 Granting the issuance of Class “B” Beer Permit to Catfish Festival; and Class “C” Beer Permit to McCann’s Service, Inc., were adopted. RESOLUTION NO. 313-07 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 Dubuque Catfish Festival Inc. Catfish Festival+(Sunday/Outdoor Sale) McDonald Park CLASS “C” BEER PERMIT McCann’s Service Inc. McCann’s Service Inc+(Sunday Sale) 690 W. Locust St. th Passed, approved and adopted this 4 day of June, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 314-07 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: 6 That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS “B” LIQUOR LICENSE RonSan Enterprises, Inc. Days Inn/Spirits Barr & 1111 Dodge Grill+(Sunday/Outdoor Sale) SPECIAL CLASS “C” LIQUOR( 5-DAY SPECIAL EVENT) Dubuque Jaycees Dubuque Jaycees Town Clock Pacr LTD Dubuque Family Restr. 1075 Rockdale CLASS “B” WINE Creative Touch Gallery Inc. Ooh La La 3460 Hillcrest CLASS “WBN” NATIVE WINE th Dubuque American Lady L.L.C Dubuque American Lady 1630 E. 16 St. Passed, approved and adopted this 4th day of June, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk ITEMS TO BE SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, set the public hearings as specified, and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Connors. Motion carried 7-0. York and Curtis Street Storm Sewer Improvement Project: City Manager recommending initiation of the public bidding process for the York and Curtis Street Storm Sewer Improvement Project and that a public hearing on the plans and specifications, form of contract, and estimated cost be set for June 18, 2007. Upon motion the documents were received and filed and Resolution No. 315-07 Preliminary approval of plans and specifications, form of contract, and estimated cost for the York and Curtis Street Storm Sewer Improvement Project; Resolution No. 316-07 Setting date of hearing on plans and specifications, form of contract, and estimated cost for the York and Curtis Street Storm Sewer Improvement Project: and Resolution No. 317-07 Ordering the advertisement for bids for the York and Curtis Street Storm Sewer Improvement Project were adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 18, 2007, in the Public Library auditorium. RESOLUTION NO. 315-07 PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE YORK AND CURTIS STORM SEWER IMPROVEMENTS 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 York and Curtis Storm Sewer Improvements Project, in the estimated amount $59,117.60, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. th Passed, adopted and approved this 4 day of June, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 316-07 FIXING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE YORK AND CURTIS STORM SEWER IMPROVEMENTS PROJECT 7 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 York and Curtis Storm Sewer Improvements 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 18 day of June, 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. th Passed, adopted and approved this 4 day of June, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 317-07 ORDERING THE ADVERTISEMENT FOR BIDS FOR THE YORK AND CURTIS STORM SEWER IMPROVEMENTS PROJECT NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the York and Curtis Storm Sewer Improvements 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 th days but not more than forty-five days before the date for filing bids at 2:00 p.m. on the 28 day of June, 2007. Bids shall be opened and read by the City Clerk at said time and will be submitted to the th City Council for final action at 6:30 p.m. on the 16 day of July, 2007, in the Public Library Auditorium, th 360 West 11 Street, Dubuque, Iowa. th Passed, adopted and approved this 4 day of June, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Star Brewery Drive Construction Project: City Manager recommending initiation of the public bidding process for the Star Brewery Drive Construction Project and that a public hearing on the plans and specifications, form of contract, and estimated cost be set for June 18, 2007. Upon motion the documents were received and filed, and Resolution No. 318-07 Preliminary approval of plans and specifications, form of contract, and estimated cost for the Star Brewery Drive Construction Project; Resolution No. 319-07 Setting date of hearing on plans and specifications, form of contract, and estimated cost for the Star Brewery Drive Construction Project; and Resolution No. 320-07 Ordering the advertisement for bids for the Star Brewery Construction Project were adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 18, 2007, in the Public Library Auditorium. 8 RESOLUTION NO. 318-07 PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE STAR BREWERY DRIVE CONSTRUCTION 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 Star Brewery Drive Construction Project, in the estimated amount $646,140, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. th Passed, adopted and approved this 4 day of June, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 319-07 FIXING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE STAR BREWERY DRIVE CONSTRUCTION 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 Star Brewery Drive Construction 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 18 day of June, 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. th Passed, adopted and approved this 4 day of June, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 320-07 ORDERING THE ADVERTISEMENT FOR BIDS FOR THESTAR BREWERY DRIVE CONSTRUCTION PROJECT NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Star Brewery Drive Construction 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 rd days but not more than forty-five days before the date for filing bids at 2:00 p.m. on the 3 day of July, 2007. Bids shall be opened and read by the City Clerk at said time and will be submitted to the th City Council for final action at 6:30 p.m. on the 16 day of July, 2007, in the Public Library Auditorium, th 360 West 11 Street, Dubuque, Iowa. th Passed, adopted and approved this 4 day of June, 2007. 9 Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Port of Dubuque Parking Ramp – Urban Renewal Tax Increment Revenue Bonds: City Manager recommending that a public hearing be re-set for June 18, 2007, to consider the sale of not to exceed $25,000,000 Urban Renewal Tax Increment Revenue Bonds. Upon motion the documents were received and filed, and Resolution No. 321-07 Fixing date for a hearing on the proposition of the issuance of not to exceed $25,000,000 Urban Renewal Tax Increment Revenue Bonds, of Dubuque, Iowa, and providing for publication of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 18, 2007, in the Public Library Auditorium. RESOLUTION NO. 321-07 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $25,000,000 URBAN RENEWAL TAX INCREMENT REVENUE BONDS, OF DUBUQUE, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, it is deemed necessary and advisable that the City of Dubuque, Iowa, should issue Urban Renewal Tax Increment Revenue Bonds to the amount of not to exceed $25,000,000, as authorized by Section 403.9 of the Code of Iowa, for the purpose of providing funds to pay costs of carrying out a project as hereinafter described; and WHEREAS, Section 403.9 sets forth the procedural action required to be taken before the Urban Renewal Tax Increment Revenue Bonds may be issued, and it is therefore necessary that the action hereinafter described be taken and that the Clerk publish a notice of the proposal and of the time and place of the meeting at which the Council proposes to take action thereon and to receive oral and/or written objections from any resident or property owner of the City to such action. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council meet in the Auditorium, Carnegie-Stout Public Library, Dubuque, Iowa, at 6:30 o'clock P.M., on the 18th day of June , 2007, for the purpose of taking action on the matter of the issuance of not to exceed $25,000,000 Urban Renewal Tax Increment Revenue Bonds, the proceeds of which will be used to provide funds to pay costs of aiding in the planning, undertaking and carrying out of urban renewal project activities under the authority of Chapter 403 of the Code of Iowa and the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal Project Area, including those costs associated with: (i) the construction of a multi-level public parking ramp facility in the Port of Dubuque, pursuant to the Port of Dubuque Public Parking Facility Development Agreement dated February 5, 2007 between the City of Dubuque, Iowa and Diamond Jo, LLC.; (ii) the funding of a debt service reserve fund and a capitalized interest fund for the Bonds; and (iii) the payment of costs associated with the issuance of the Bonds. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of the foregoing meeting and public hearing, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in the City. The publication shall be not less than four clear days nor more than twenty days before the date of public meeting on the issuance of said obligations. Section 3. The notice of the proposed action to issue the Urban Renewal Tax Increment Revenue Bonds shall be in substantially the [required] form. Passed and approved this 4th day of June, 2007. Mayor Roy D. Buol Attest: Jeanne F. Schneider, CMC, City Clerk 10 Release and Acceptance of Sanitary Sewer Easement – Raven Oaks: City Manager recommending that a public hearing be set for June 18, 2007 to consider vacating and relocating a portion of an existing sanitary sewer easement and to vacate a utility easement in Lot 4 of Raven Oaks No. 2 and Lots 1 and 2 of Raven Oaks Place. Upon motion the documents were received and filed, and Resolution No. 322-07 Resolution of intent to dispose of interest and release a portion of an existing 20-foot wide sanitary sewer easement, a 25-foot access and utility easement, and a 5-foot utility easement on Lot 4 of Raven Oaks No. 2 and Lots 1 and 2 of Raven Oaks Place in the City of Dubuque, Iowa, was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 18, 2007, in the Public Library Auditorium. RESOLUTION NO. 322-07 RESOLUTION OF INTENT TO DISPOSE OF INTEREST AND RELEASE A PORTION OF AN EXISTING 20-FOOT WIDE SANITARY SEWER EASEMENT, A 25-FOOT ACCESS AND UTILITY EASEMENT, AND A 5-FOOT UTILITY EASEMENT ON LOT 4 OF RAVEN OAKS NO. 2 AND LOTS 1 AND 2 OF RAVEN OAKS PLACE IN THE CITY OF DUBUQUE, IOWA Whereas, Kluck Partnership is the current owner of Lot 4 of Raven Oaks No. 2 and Lots 1 and 2 of Raven Oaks Place in the City of Dubuque, Iowa; and Whereas, a 20-foot wide sanitary sewer easement, a 25-foot access and utility easement, and a 5- foot utility easement are currently platted on said lots; and Whereas, Kluck Partnership has petitioned to vacate an unused portion of said easements in said lots. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa, intends to dispose of its interest and release of an unused portion of an existing 20-foot wide sanitary sewer easement, a 25-foot access and utility easement, and a 5-foot utility easement on Lot 4 of Raven Oaks No. 2 and Lots 1 and 2 of Raven Oaks Place in the City of Dubuque, Iowa. Section 2. That the City Clerk be and is hereby authorized and directed to cause a notice to be published as prescribed under Section 364.7 Code of Iowa. th Passed, approved and adopted this 4 day of June, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding their application. No one spoke. Park and Recreation Commission: Three 3-year terms through June 30, 2010 (Terms of Lyness, Harjehausen, and Hoffman). Applicants: Karen Lyness, Paul Hoffman, Gary Harjehausen; TV Cable Regulatory Commission: Two 3-year expired terms through June 30, 2010 (Terms of Pratt and Stevens). Applicant: Kevin Stevens PUBLIC HEARINGS SUSPEND THE RULES Upon motion the rules were suspended allowing anyone to address the City Council. Vacate of Kerper Boulevard Property: Proof of publication on notice of hearing to consider a 11 request from Union-Hoermann Press to vacate a portion of Kerper Boulevard that abuts the existing Union-Hoermann facility at 2175 Kerper Boulevard and City Manager recommending approval. Motion by Cline to receive and file the documents and adopt Resolution No. 323-07 Approving plat of proposed vacated portion of Kerper Boulevard in Block 19 of River Front Subdivision No. 3; Resolution No. 324-07 Vacating a portion of Kerper Boulevard in Block 19 of River Front Subdivision No. 3; and Resolution No. 325-07 Disposing of City interest in Lot 1A, Block 19, River Front Subdivision No. 3 in the City of Dubuque, Dubuque County, Iowa. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 323-07 RESOLUTION APPROVING PLAT OF PROPOSED VACATED PORTION OF KERPER BOULEVARD IN BLOCK 19 OF RIVER FRONT SUBDIVISION NO. 3 Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated th the 19 day of April, 2007, prepared by IIW Engineers & Surveyors, PC, describing the proposed vacated portion of Kerper Boulevard in Block 19 of River Front Subdivision No. 3 to be known as Lot 1A, Block 19, River Front Subdivision No. 3 in the City of Dubuque, Dubuque County, Iowa; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: th Section 1. That the plat dated the 19 day of April, 2007, prepared by IIW Engineers & Surveyors, PC, 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. th Passed, approved and adopted this 4 day of June, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 324-07 RESOLUTION VACATING A PORTION OF KERPER BOULEVARD IN BLOCK 19 OF RIVER FRONT SUBDIVISION NO. 3 Whereas, Union-Hoermann Press, Inc. (Union-Hoermann) has requested the vacating of a portion of Kerper Boulevard in Block 19 of River Front Subdivision No. 3; and Whereas, IIW Engineers & Surveyors, PC has prepared and submitted to the City Council a plat showing the vacated portion of Kerper Boulevard in Block 19 of River Front Subdivision No. 3 and assigned lot number thereto, which hereinafter shall be known and described as Lot 1A, Block 19, River Front Subdivision No. 3 in the City of Dubuque, Dubuque County, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that a portion of Kerper Boulevard in Block 19 of River Front Subdivision No. 3 is no longer required for public use, except for reserving the utility easements as noted, and vacating of said portion of Kerper Boulevard in Block 19 of River Front Subdivision No. 3 known as Lot 1A, Block 19, River Front Subdivision No. 3 in the City of Dubuque, Dubuque County, Iowa should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lot 1A, Block 19, River Front Subdivision No. 3 in the City of Dubuque, Iowa, be and the same is hereby vacated. th Passed, approved and adopted this 4 day of June, 2007. Roy D. Buol, Mayor 12 Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 325-07 RESOLUTION DISPOSING OF CITY INTEREST IN LOT 1A, BLOCK 19, RIVER FRONT SUBDIVISION 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 Dubuque, Iowa on thth this 25 day of May, 2007, the City Council of the City of Dubuque, Iowa met on the 4 day of June, 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 1A, Block 19, River Front Subdivision No. 3 in the City of Dubuque, Dubuque County, Iowa 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 1A, Block 19, River Front Subdivision No. 3 in the City of Dubuque, Dubuque County, Iowa, to Union-Hoermann Press, Inc. be and the same is hereby approved for the sum of $8,839.00 plus the costs of surveying, 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 Union- Hoermann Press, Inc. 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. th Passed, approved and adopted this 4 day of June, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Interstate Power Company – Permanent Easement: Proof of publication on notice of hearing to consider approval of granting a permanent easement to Interstate Power Company in the Port of Dubuque and City Manager recommending approval. Motion by Cline to receive and file the documents and adopt Resolution No. 326-07 Disposing of an interest in real property by easement to Interstate Power and Light Company. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 326-07 DISPOSING OF AN INTEREST IN REAL PROPERTY BY EASEMENT TO INTERSTATE POWER AND LIGHT COMPANY WHEREAS, the City of Dubuque, Iowa (City) is the owner of real property in the Port of Dubuque shown on “Alliant Easement Exhibits A-1, A-2, A-3, A-4, and A-5” attached hereto (the Property); and WHEREAS, City and Interstate Power and Light Company (Interstate) have entered into an Agreement pursuant to which City will grant the Underground Electric Line Easement (the Easement) attached hereto on the Property to Interstate; and WHEREAS, on June 4, 2007, the City Council pursuant to notice published as required by law held a public hearing on its intent to dispose of the foregoing interest in the Property and overruled all objections thereto; and WHEREAS, the City Council finds that it is in the best interest of the City to approve the disposition of such interest in the Property. 13 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque approves the disposition of the City’s interest in the foregoing-described Property by Easement to Interstate Power and Light Company. Section 2. The Mayor is hereby authorized and directed to sign this Resolution and the Easement. th Passed, approved and adopted this 4 day of June, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Ice Harbor Transient Boat Dock Project: Proof of publication on notice of hearing to consider the plans and specifications, form of contract, and estimated cost for the Ice Harbor Transient Boat Dock Project and City Manager recommending approval and further recommending that the date for the receipt of bids be revised to June 21, 2007. Motion by Cline to receive and file the documents and adopt Resolution No. 327-07 Approving plans and specifications, form of contract, and estimated cost for the Ice Harbor Transient Boat Dock Project; and Resolution No. 328-07 Ordering the re- advertisement for bids for the Ice Harbor Transient Boat Dock Project. Seconded by Michalski. Motion carried 7-0. RESOLUTION NO. 327-07 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE PORT OF DUBUQUE – ICE HARBOR TRANSIENT BOAT DOCK FACILITY 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 Port of Dubuque – Ice Harbor Transient Boat Dock Facility Project, in the estimated amount $512,175.00, are hereby approved. th Passed, adopted and approved this 4 day of June, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 328-07 ORDERING THE RE-ADVERTISEMENT FOR BIDS FOR THE PORT OF DUBUQUE – ICE HARBOR TRANSIENT BOAT DOCK FACILITY PROJECT Whereas, by Resolution No. 282-07, the City Council ordered the advertisement for bids for the Port of Dubuque-Ice Harbor Transient Boat Dock Facility (the Project) and fixed the date for filing bids th as the 14 day of June 2007; and Whereas, the City Council believes it is in the public interest to extend the date for filing bids to the st 21 day of June, 2007. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Port of Dubuque-Ice Harbor Transient Boat Dock Facility is hereby ordered to be re- 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 re-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 before 2:00 st p.m. on the 21 day of June, 2007. Bids shall be opened and read by the City Clerk at said time and 14 nd will be submitted to the City Council for final action at 6:30 p.m. on the 2 day of July, 2007, in the th Public Library Auditorium, 360 West 11 Street, Dubuque, Iowa. th Passed, adopted and approved this 4 day of June, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Decorative Concrete Repair and Maintenance Project: Proof of publication on notice of hearing to consider the plans and specifications, form of contract, and estimated cost for the Decorative Concrete Repair and Maintenance Project and City Manager recommending approval and further recommending that the date for the receipt of bids be revised to June 21, 2007. Motion by Cline to receive and file the documents and adopt Resolution No. 329-07 Approving plans and specifications, form of contract, and estimated cost for the Decorative Concrete Repair and Maintenance Project; and Resolution No. 330-07 Ordering the re-advertisement for bids for the Decorative Concrete Repair and Maintenance Project. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 329-07 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE DECORATIVE CONCRETE REPAIR AND MAINTENANCE 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 Decorative Concrete Repair and Maintenance Project, in the estimated amount $255,310.00, are hereby approved. th Passed, adopted and approved this 4 day of June, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 330-07 ORDERING THE RE-ADVERTISEMENT FOR BIDS FOR THE DECORATIVE CONCRETE REPAIR AND MAINTENANCE PROJECT Whereas, by Resolution No. 285-07, the City Council ordered the advertisement for bids for the Decorative Concrete Repair and Maintenance Project (the Project) and fixed the date for filing bids as th the 14 day of June 2007; and Whereas, the City Council believes it is in the public interest to extend the date for filing bids to the st 21 day of June, 2007. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Decorative Concrete Repair and Maintenance Project is hereby ordered to be re- 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 re-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 before 2:00 st p.m. on the 21 day of June, 2007. Bids shall be opened and read by the City Clerk at said time and nd will be submitted to the City Council for final action at 6:30 p.m. on the 2 day of July, 2007, in the th Public Library Auditorium, 360 West 11 Street, Dubuque, Iowa. th Passed, adopted and approved this 4 day of June, 2007. Roy D. Buol, Mayor 15 Attest: Jeanne F. Schneider, CMC, City Clerk Third Street Overpass Lighting Project: Proof of publication on notice of hearing to consider the plans and specifications, form of contract, and estimated cost for the Third Street Overpass Lighting Project and City Manager recommending approval. Motion by Cline to receive and file the documents and adopt Resolution No. 331-07 Approving plans and specifications, form of contract, and estimated cost for the Third Street Overpass Lighting Project. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 331-07 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE THIRD STREET OVERPASS LIGHT REPLACEMENT 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 Third Street Overpass Light Replacement Project, in the estimated amount $31,625.00, are hereby approved. th Passed, adopted and approved this 4 day of June, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Pedestrian Wayfinding Sign System Design: Proof of publication on notice of hearing to consider the plans and specifications, form of contract, and estimated cost for the Pedestrian Wayfinding Sign System Design Project and City Manager recommending approval. Motion by Cline to receive and file the documents and adopt Resolution No. 332-07 Approving plans and specifications, form of contract, and estimated cost for the Pedestrian Wayfinding Sign System. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 332-07 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE PEDESTRIAN WAYFINDING SIGN SYSTEM 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 Pedestrian Wayfinding Sign System, in the estimated amount $99,300, are hereby approved. th Passed, adopted and approved this 4 day of June, 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 Citizen Request: Communication from Betty Leibfried, 888 Barbaralee, and Veronica Bender, 895 Barbaralee, requesting to address the City Council regarding the storm retention basin behind their homes on Barbaralee Drive. Motion by Cline to receive and file the documents and refer to City Manager for progress report at the July 16, 2007, City Council meeting and a report on other retention basins in six weeks. Seconded by Lynch. Braig asked if contractors have any responsibility in newer subdivisions. City Engineer Psihoyos reported that contractors are responsible until City acceptance. 16 Engineering is in the process of compiling a master plan on all basins. He concurred that the Barbaralee basin is unacceptable and needs much attention. He stated it will be repaired within 30 days. Motion carried 7-0. Purchase of Property – 1126 White Street: City Manager recommending approval of the purchase of a vacant building located at 1126 White Street from the Dubuque Community School Board as part of the Washington Neighborhood revitalization effort. Motion by Cline to receive and file the documents and approve. Seconded by Lynch. Jones commented that this is a good project. Motion carried 7-0. University Avenue Reconstruction Project: City Manager submitting a response to the communication from Dean Rampson regarding the University Avenue Reconstruction Project. Motion by Michalski to receive and file the documents and concur with staff. Seconded by Connors. Connors said that Mr. Rampson had been given the opportunity to file for financial assistance. Motion carried 7-0. Final Plat – Asbury Plaza Business Park: City Manager recommending approval of a 180 day extension and re-approval of the final plat of Asbury Plaza Business Park as requested by Wendell Corey, Motor City, LLC. Motion by Michalski to receive and file the documents and adopt Resolution No. 333-07 Re-approving the final plat of Asbury Plaza Business Park First Addition in the City of Dubuque, Iowa. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 333-07 RESOLUTION RE-APPROVING THE FINAL PLAT OF ASBURY PLAZA BUSINESS PARK FIRST ADDITION IN THE CITY OF DUBUQUE, IOWA. Whereas, there has been filed with the City Clerk a Final Plat of Asbury Plaza Business Park First Addition; and Whereas, upon said final plat appear streets to be known as Plaza Drive (Lot A), North Plaza Loop (Lot E), Plaza Court (Lot F) and Plaza Court (Lot G); and Whereas, the conceptual plan/preliminary plat has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said final plat has been reviewed by the City Planner and had her approval endorsed thereon, subject to the owners agreeing to the conditions noted in Section 2 and 3 below; and Whereas, said final plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating to it, except that no streets or public utilities have yet been constructed or installed. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Resolution No. 400-06 is hereby rescinded. Section 2. That the dedication of Plaza Drive (Lot A), North Plaza Loop (Lot E), Plaza Court (Lot F) and Plaza Court (Lot G), together with the easements for public utilities, sanitary sewer, storm sewer and water mains as they appear upon said final plat, be and the same are hereby accepted; and Section 3. That the Final Plat of Asbury Plaza Business Park First Addition is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said Final Plat, provided the owners of said property herein named, execute their written acceptance hereto attached agreeing: (a) To reduce Plaza Drive (Lot A), North Plaza Loop (Lot E), Plaza Court (Lot F), and Plaza Court (Lot G) to grade and to construct concrete curb and gutter and to hard surface with asphaltic concrete, or with concrete paving with integral curb, all in accordance with the City 17 of Dubuque standard specifications, all in a manner acceptable to the City Engineer, in conformance with construction improvement plans approved by the City Engineer, and inspected by the City Engineer; (b) To install sanitary sewer mains and sewer service laterals into each individual lot, water mains and water service laterals into each individual lot, storm sewers and catch basins, boulevard street lighting and erosion control devices all in accordance with the City of Dubuque standard specifications, all in a manner acceptable to the City Engineer, and in accordance with construction improvement plans approved by the City Engineer, and inspected by the City Engineer; (c) To construct a private storm water detention facility (Lot B) in a manner acceptable to the City Engineer, in accordance with the City of Dubuque standard specifications approved by the City Engineer, and inspected by the City Engineer. No building permit shall be issued until the detention basin is functional or with the written consent of the City Engineer; (d) To install sidewalks along all public streets in accordance with the typical cross section and improvement plans approved by the City Engineer; (e) To construct said improvements, prior to two (2) years from the date of acceptance of this resolution, at the sole expense of the owners, or future owner; (f) To maintain the public improvements, for a period of two (2) years from the date of the acceptance of those improvements by the City of Dubuque, Iowa, at the sole expense of the owners, or future owner; And, further provided that said Motor City LLC; Projects Plus Ltd., as owners of said property, shall secure the performance of the foregoing conditions provided in this Section by providing guarantees in such form and with such sureties as may be acceptable to the City Manager of the City of Dubuque, Iowa. Section 4.That the final acceptance of all public improvements shall occur upon certification of the City Engineer to the City Council that al public improvements have been completed in accordance with the improvement plans and City standard specifications and accepted by City Council Resolution. Section 5. That in the event Motor City, LLC.; Projects Plus, Ltd. fails to execute the acceptance and furnish the guarantees provided in Sections 3 and 4 hereof within 180 days after the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedication and approval the plat shall not be effective. th Passed, approved and adopted this 4 day of June 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk 409 Burch Street (Tabled from December 18, 2006 City Council Meeting): City Manager recommending that City Attorney Barry Lindahl be directed to restart the property acquisition process for the residence located at 409 Burch Street. Motion by Michalski to remove from table. Seconded by Connors. Motion carried 7-0. Motion by Michalski to receive and file and concur with staff pending information provided by City Attorney Lindahl. Seconded by Connors. Connors said that the City has been more than patient on this issue. Jones said that it is time to take a stand. Buol said that Mr. White has been give too many extensions, other residents are being hurt, and it is time to act. Michalski cautioned that other long-term renovation projects may fall into this category. The City must be willing to follow this direction with other areas and residences. She recommended moving forward and holding a hearing to decide whether to continue with the acquisition process. Lindahl reviewed the condemnation process stating that the City must “hold a hearing on whether it [the property] is a public nuisance.” He also said that the hearing would be a quasi judicial due process hearing and not a public hearing. Motion carried 7-0. 18 US 20 (Devon Drive to Menards) Capacity Improvements – Phase II Project: City Manager recommending award of the contract for the US 20 (Devon Drive to Menards) Capacity Improvements – Phase II Project to Voltmer, Inc., in the amount of $268,740. Motion by Connors to receive and file the documents and adopt Resolution No. 334-07 Awarding public improvement contract for the US 20 (Devon Drive to Menards) Capacity Improvement Project – Phase II, Traffic Signal and Intelligent Transportation System Improvements (STP-A-020-9(187) - 22-31). Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 334-07 AWARDING PUBLIC IMPROVEMENT CONTRACT 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) Whereas, sealed proposals have been submitted by contractors 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) (the Project) pursuant to Resolution No. 226-07 th and Notice to Bidders published in a newspaper published in the City of Dubuque, Iowa on the 20 day of April, 2007. Whereas, said sealed proposals were opened and read by the Iowa Department of Transportation th on the 15 day of May, 2007 and it has been determined that Voltmer, Inc. of Decorah, Iowa, with a bid in the amount of $268,740.00, 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 Voltmer, Inc., subject to the concurrence by Iowa Department of Transportation (Iowa DOT), and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. th Passed, approved and adopted this 4 day of June, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk COUNCIL MEMBER REPORTS Lynch reported that he and Council Member Michalski will be participating in the All America City award competition this week and thanked Assistant City Manager Steinhauser for her work in facilitating the presentation. Jones reported that he spent time with the third-grade students at Table Mound Elementary School regarding their Metropolitan Solid Waste Agency “Green Vision” award. Buol congratulated Jones on being inducted into the Hall of Flame and reminded citizens that this weekend is the America’s River Festival. PUBLIC INPUT (None) There being no further business, upon motion the City Council adjourned at 7:36 p.m. /s/ Jeanne F. Schneider, CMC City Clerk 19