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6 18 07 City Council Minutes Official CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:30 p.m. on June 18, 2007, in the Public Library Auditorium regarding pending litigation and property acquisition pursuant to Chapter 21.5(1)(c)(j) 2007 Code of Iowa Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski, City Manager Van Milligen; City Attorney Lindahl Upon motion and having given staff proper direction, City Council adjourned special session at 6:28 p.m. *********************************************************************************************************** CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on June 18, 2007, in the Public Library Auditorium. Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski. City Manager Van Milligen; City Attorney Lindahl INVOCATION Invocation was provided by Sr. Paula Maloy, SVM PROCLAMATION Ireland Visitors Proclamation was accepted by Alan Garfield, 2378 Beacon Hill, and the Carlin family of County Donegal, Ireland. PRESENTATION Fire Chief Dan Brown presented Assistant Fire Chief Rick Steines with the National Fire Academy’s Executive Fire Officer Certificate from the Department of Homeland Security CONSENT ITEMS Motion by Cline to receive and file the documents and dispose of as indicated. Second by Jones. Michalski requested (#22) United States Conference of Mayors be held for separate discussion. Motion carried 7-0. Minutes and Reports Submitted: Cable TV Teleprogramming Commission of 5/1; City Council of 6/4; Electrical Code Board of 5/29; Housing Commission of 5/22 and Special Meeting of 5/29; Human Rights Commission of 5/14; Park and Recreation Commission of 5/8; Zoning Advisory Commission of 6/6; Zoning Board of Adjustment of 5/24 Library Board of Trustees Update of May 24, 2007 Proofs of publication of City Council Proceedings of May 7 and May 21, 2007 and List of Claims and Summary of Revenues for month ending April 30, 2007. Upon motion the documents were received and filed. Notice of Claims/Suits: Jeff Brimeyer for property damage; Gansen Excavating, Inc. for property damage. Upon motion the documents were received and filed, and referred to the City Attorney. City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Christy Link for personal injury; Lauren Schrup for vehicle damage. Upon motion the documents were received and filed, and concurred. Citizen Communication: Communication from Kenneth J. Spears regarding the use of “project crews.” Upon motion the document was received and filed. Interagency Agreement between the City of Dubuque and Dubuque County Board of Health: City Manager recommending approval of an Interagency Agreement with the Dubuque County Board of Health for the inspection and enforcement of swimming pools and spas, tattoo parlors and tanning facilities in Dubuque County. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement with Project Concern, Inc. – Foster Grandparent Program: City Manager recommending approval of a Purchase of Service Agreement with Project Concern, Inc. in the amount of $6,113 for the Foster Grandparent Program. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement with the Retired and Senior Volunteer Program: City Manager recommending approval of a Purchase of Service Agreement with the Retired and Senior Volunteer Program in the amount of $7,341. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement with Project Concern, Inc. – Information and Referral and Child Care Referral: City Manager recommending approval of a Purchase of Service Agreement with Project Concern, Inc. in the amount of $25,821 for the Information and Referral Program plus a payment of $9,098 for the Child Care Referral Program. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement with Operation: New View: City Manager recommending approval of a Purchase of Service Agreement with Operation: New View in the amount of $18,257. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement with Helping Services of Northeast Iowa, Inc.: City Manager recommending approval of a Purchase of Service Agreement with Helping Services of Northeast Iowa, Inc. in the amount of $2,147. Upon motion the documents were received, filed, and approved. 2 Purchase of Service Agreement with Greater Dubuque Development Corporation: City Manager recommending approval of a Purchase of Service Agreement with Greater Dubuque Development Corporation in the amount of $170,613. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement with Dubuque Main Street, Ltd.: City Manager recommending approval of a Purchase of Service Agreement with Dubuque Main Street, Ltd., in the amount of $47,550 and $10,000 to support funding a part-time development position. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement with Hills and Dales: City Manager recommending approval of a Purchase of Service Agreement wityh Hills and Dales for senior programs in the amount of $25,000. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement with Dubuque Area Labor Management Council: City Manager recommending approval of a Purchase of Service Agreement with Dubuque Area Labor Management Council in the amount of $17,455. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement with the Dubuque Area Chamber of Commerce Convention and Visitors Bureau: City Manager recommending approval of a Purchase of Service Agreement with the Dubuque Area Chamber of Commerce Convention and Visitors Bureau in the amount of $738,496. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement with Washington Neighborhood Tool Library: City Manager recommending approval of a Purchase of Service Agreement with the Washington Neighborhood Tool Library in the amount of $15,500. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement with Substance Abuse Services Center: City Manager recommending approval of a Purchase of Service Agreement with Substance Abuse Services Center in the amount of $13,605. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement with America’s River Corporation: City Manager recommending approval of a Purchase of Service Agreement with America’s River Corporation in the amount of $10,000. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement with Northeast Iowa Community College: City Manager recommending approval of a Purchase of Service Agreement with Northeast Iowa Community College – Northeast Iowa Business Accelerator Business Plan in the amount of $5,000. Upon motion the documents were received, filed, and approved. Chaplain Schmitt Memorial Project: City Manager recommending acceptance of the Chaplain Schmitt Memorial Project as completed by Tri-State Development, LLC, in the final contract amount of $65,173. Upon motion the documents were received and filed and Resolution No. 335-07 Accepting improvement; and Resolution No. 336-07 Approving final estimate were adopted. 3 RESOLUTION NO. 335-07 ACCEPTING IMPROVEMENT WHEREAS, the contract for the Chaplain Schmitt Memorial Project has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 1. That the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the General Fund in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 18th day of June, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 336-07 FINAL ESTIMATE WHEREAS, the contract for the Chaplain Schmitt Memorial Project has been completed and the Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs; NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $65,173, and the said amount shall be paid from the General Fund of the City of Dubuque, Iowa. Passed, approved and adopted this 18th day of June, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk City of Asbury: Communication from Elizabeth Bonz, City of Asbury, requesting a letter of support for the Intersection Improvement Project to assist Asbury in obtaining funds from the Safe Roads to School Grant. Upon motion the documents were received, filed, and referred to the City Manager. U.S. Department of Housing and Urban Development: Communication from the U.S. Department of Housing and Urban Development (HUD) regarding the evaluation of the City’s Community Development Block Grant (CDBG) program conducted on May 1, 2007. Upon motion the documents were received, filed, and referred to City Manager. United States Conference of Mayors: Communication from Tom Cochran, Executive Director of the United States Conference of Mayors, congratulating the City for the Honorable Mention received in the 2007 City Water Taste Test Competition. Motion by Michalski to receive and file the documents. Seconded by Connors. Michalski said that the recent All America City delegation to Anaheim couldn’t wait to return to Dubuque and its wonderful water despite the fact that Anaheim was second in the water taste test. Motion carried 7-0. 4 Specific and Aggregate Stop Loss Insurance Renewal: City Manager recommending approval of HCC Life Insurance Company (formerly known as Allianz) as the stop-loss carrier for the City's health plans for individual and aggregate stop-loss insurance. Upon motion the documents were received, filed, and approved. Iowa Department of Economic Development: Communication from Michael L. Tramontina, Iowa Department of Economic Development, advising that Genuine Genius Solutions, LLC has received an Entrepreneurial Ventures Assistance Award in the amount of $125,000. Upon motion the documents were received and filed. Tee Box Place – Plat of Survey: Zoning Advisory Commission recommending approval of the Plat of Survey of Lot 1 and Lot 2 of Tee Box Place as requested by Conlon Construction Company. Upon motion the documents were received and filed, and Resolution No. 337-07 Approving the Plat of Survey of Lot 1 and Lot 2 of Tee Box Place was adopted. RESOLUTION NO. 337-07 A RESOLUTION APPROVING THE PLAT OF SURVEY LOT 1 AND LOT 2 OF TEE BOX PLACE. Whereas, there has been filed with the City Clerk a Plat of Survey Lot 1 and Lot 2 of Tee Box Place in the City of Dubuque, Iowa; and Whereas, said plat provides Lot 1 and Lot 2 with 0 feet of lot frontage respectively, where 50 feet is required and provides Lot 2 with 440 square feet of lot area where 5,000 square feet is required by Section 42-19(b) of the Subdivision Regulations; and Whereas, said survey plat has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said survey plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 42-19(b) of the Subdivision Regulations is waived to allow Lot 1 and Lot 2 to have 0 feet of frontage, where 50 feet is required and Lot 2 to have 440 square feet of lot area where 5,000 square feet is required. Section 2. That the Plat of Survey Lot 1 and Lot 2 of Tee Box Place 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. th Passed, approved and adopted this 18 day of June 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Links Glen Place – Plat of Survey: Zoning Advisory Commission recommending approval of the Plat of Survey of Lots 1 through 3 and Lot A of Links Glen Place as requested by Conlon Construction Company. Upon motion the documents were received and filed, and Resolution No. 338-07 Approving the Plat of Survey of Lots 1 through 3 and Lot A of Links Glen Place was adopted. RESOLUTION NO. 338-07 A RESOLUTION APPROVING THE PLAT OF SURVEY LOTS 1 THRU 3 AND LOT A OF LINKS GLEN PLACE. 5 Whereas, there has been filed with the City Clerk a Plat of Survey Lots 1 thru 3 and Lot A of Links Glen Place in the City of Dubuque, Iowa; and Whereas, said plat provides Lot A with 0 feet of lot frontage, where 50 feet is required and provides 4,007 square feet of lot area where 5,000 square feet is required by Section 42-19(b) of the Subdivision Regulations; and Whereas, said survey plat has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said survey plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 42-19(b) of the Subdivision Regulations is waived to allow Lot A to have 0 feet of frontage, where 50 feet is required and 4,007 square feet of lot area where 5,000 square feet is required. Section 2. That the Plat of Survey Lots 1 thru 3 and Lot A of Links Glen Place 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. th Passed, approved and adopted this 18 day of June 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Links Glen Condominium Development – Plat of Survey: Zoning Advisory Commission recommending approval of the Plat of Survey of Lot 1 and Lot 2 of Mineral Lot 138 as requested by Conlon Construction Company. Upon motion the documents were received and filed and Resolution No. 339-07 Approving the Plat of Survey of Lot 1 and Lot 2 of Mineral Lot 138 was adopted. RESOLUTION NO. 339-07 A RESOLUTION APPROVING THE PLAT OF SURVEY LOT 1 AND LOT 2 OF MINERAL LOT 138. Whereas, there has been filed with the City Clerk a Plat of Survey Lot 1 and Lot 2 of Mineral Lot 138 in the City of Dubuque, Iowa; and Whereas, said plat provides Lot 1 and Lot 2 with 0 feet of lot frontage respectively, where 50 feet is required by Section 42-19(b) of the Subdivision Regulations; and Whereas, said survey plat has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said survey plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 42-19(b) of the Subdivision Regulations is waived to allow Lot 1 and Lot 2 to have 0 feet of frontage respectively, where 50 feet is required. Section 2. That the plat of survey of Lot 1 and Lot 2 of Mineral Lot 138 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. th Passed, approved and adopted this 18 day of June 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 6 Preserve America Grant Application: City Manager recommending approval of the submission of a Preserve America Grant Application for expansion of the Mines of Spain Interpretive Exhibit and Education Program. Upon motion the documents were received and filed, and Resolution No. 340-07 Providing for an application to the National Park Service for Preserve America Funds for Mines of Spain Interpretive Exhibit and Education Program was adopted. RESOLUTION NO. 340-07 RESOLUTION PROVIDING FOR AN APPLICATION TO THE NATIONAL PARK SERVICE FOR PRESERVE AMERICA FUNDS FOR MINES OF SPAIN INTERPRETIVE EXHIBIT AND EDUCATION PROGRAM Whereas, the National Park Service (NPS) administers the Preserve America program in order to assist local economies find self-sustaining ways to promote their cultural resources through heritage tourism while encouraging people to experience and appreciate local historic resources through education and heritage tourism programs; and Whereas, the City of Dubuque, Friends of the Mines of Spain, and other partners will provide the required local match for this application for the Mines of Spain Interpretive Exhibit and Education Program to the NPS Preserve America program; and Whereas, the City of Dubuque is a designated Preserve America Community and is eligible to submit an application for funding and desires to implement a Heritage Tourism Plan; and Whereas, the City of Dubuque is willing to accept Preserve America funding if awarded and is committed to the project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Planning Services Manager hereby is authorized to sign the City of Dubuque’s application for the Mines of Spain Interpretive Exhibit and Education Program to the National Park Service Preserve America Funds. Section 2. That the City of Dubuque agrees to abide by all local, state and federal requirements applicable to the proposed budget. th Passed, approved and adopted this 18 day of June 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Dubuque Technology Park: City Manager recommending approval of the re-platting of Lots 1 and 2 of Dubuque Technology Park No. 4 to incorporate the excess right-of-way into Lot 1 and create a separate Lot 2 for the America’s River sign. Upon motion the documents were received and filed and Resolution No. 341-07 Approving Plat of Survey of Lot 1 and Lot 2, Dubuque Technology Park No. 4 in the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 341-07 RESOLUTION APPROVING PLAT OF SURVEY LOT 1 AND LOT 2, DUBUQUE TECHNOLOGY PARK NO. 4 IN THE CITY OF DUBUQUE, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a Plat of Survey, Lot 1 and Lot 2 of Dubuque Technology Park No. 4 in the City of Dubuque, Iowa, dated June 1, 2007, prepared by IIW Engineers and Surveyors, P.C., describing the property to be subdivided, a copy of which is attached hereto (the Plat); and Whereas, the Plat conforms to the laws and statutes pertaining thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 7 Section 1. The Plat is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to execute the Plat for and on behalf of the City of Dubuque, Iowa. Section 2. The City Clerk is hereby authorized and directed to file the Plat and a certified copy of this resolution in the office of the Recorder, in and for Dubuque County, Iowa. th Passed, approved and adopted this 18 day of June 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 2007 Justice Assistance Grant: City Manager recommending approval of the submission of the 2007 Justice Assistance Grant (JAG) application to the U.S. Department of Justice Programs in the amount of $53,747. Upon motion the documents were received, filed, and approved. PEG Access Capital Grant Expenditure: City Manager recommending approval for three funding requests from the Capital Grant for Access Equipment and Facilities. Upon motion the documents were received, filed, and approved. Hold Harmless Agreement – Firearms Training: City Manager recommending approval of a Hold Harmless Agreement with Mathy Construction for the use of a portion of the River City Stone Rose Spur Quarry, 19068 Herber Road, for police firearms training. Upon motion the documents were received, filed, and approved. Request for Proposals – Multifunction Machine: City Manager recommending approval of the issuance of a Request for Proposals to change the City’s printer-copier-scanner-fax from stand-alone devices in every department to a networked multi-function service. Upon motion the documents were received, filed, and approved. Financial Services – Request for Proposals: City Manager recommending approval of the selection of Dubuque Bank and Trust as the bank to provide financial services to the City of Dubuque for a five-year period. Upon motion the documents were received, filed, and approved. US 52 North Storm Sewer Improvement Project: City Manager recommending award of the contract for the US 52 North Storm Sewer Improvement Project to McClain Excavating Company, Inc., in the amount of $189,712. Upon motion the documents were received and filed and Resolution No. 342-07 Awarding public improvement contract for the US 52 North Storm Sewer Improvement Project was adopted. RESOLUTION NO. 342-07 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE US 52 NORTH STORM SEWER IMPROVEMENT PROJECT Whereas, sealed proposals have been submitted by contractors for the US 52 North Storm Sewer Improvement Project (the Project) pursuant to Resolution No. 256-07 and Notice to th Bidders published in a newspaper published in the City of Dubuque, Iowa on the 11 day of May, 2007. Whereas, said sealed proposals were opened and read on the 31st day of May, 2007 and it has been determined that McClain Excavating Company, Inc of Peosta, Iowa, with a bid in the amount of $189,712.00, is the lowest responsive, responsible bidder for the Project. 8 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 McClain Excavating Company, Inc 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 18 day of June, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk City Hall First Floor Restroom Renovation Project: City Manger recommending final acceptance of the City Hall First Floor Restroom Renovation Project as completed by Portzen Construction in the amount of $83,393. Upon motion the documents were received and filed and Resolution No. 343-07 Accepting improvement, and Resolution No. 344-07 Approving final estimate were adopted. RESOLUTION NO. 343-07 ACCEPTING IMPROVEMENT Whereas, the contract for the City Hall—First Floor Restroom Renovations has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contracts, plans and specifications and recommends its acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said improvements be and the same are hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and is hereby directed to pay to the contractor in the amount equal to the amount of this contract, less any retained percentage provided for therein. Passed, approved and adopted this 2nd day of July, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 344-07 FINAL ESTIMATE Whereas, the contract for the City Hall–First Floor Restroom Renovations Project has been completed and the Building Services Manager has submitted his final estimate showing the cost thereof. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $83,393.00 and the said improvement shall be paid by the City as provided for therein. Passed, approved and adopted this 2nd day of July, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Business Licenses: City Manager recommending approval of annual liquor license renewals as submitted. Upon motion the documents were received and filed and Resolution No. 345-07 Granting the issuance of fifty-four (54) renewal permits to sell cigarettes and cigarette papers within the City limits; Resolution No. 346-07 Granting the issuance of a Class “B” Beer Permit 9 th to Pizza Hut (320 East 20 Street), Pizza Hut (2075 JFK Road), and Colts Community Center; and Class “C” Beer Permit to Dubuque Discount Gas #3, Hy-Vee Wine and Spirits “A”, and Keywest Conoco; and Resolution No. 347-07 Granting the issuance of a Class “C” Beer/Liquor License to Fischer Lanes, Creslanes Bowling, Paul’s Tavern, Applebee’s Grill and Bar, Dubuque Bowling Lanes, Five Flags Center, and Buffalo Wild Wings; Special Class “C” Liquor License to Rotary Club; and Class “B” Wine Permit to Hy-Vee Wine and Spirits “A” were adopted. RESOLUTION NO. 345-07 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. 54 RENEWALS 5 Point Mart Sinclair 5 Point Mart Inc. 405 Rhomberg Av thth 16 St Auto Truck Plaza Mulgrew Oil Com. 1215 E. 16 St Beecher Company Inc. Beecher Beverage/Gas Station 1691 Asbury th Big 10 Mart Molo Oil Com. 9 & Central Av Big 10 Mart Molo Oil Com. 2100 J.F.K. Rd Big 10 Mart Molo Oil Com. 1875 J.F.K. Rd Bulldog Billiards Sports Bar Richard Reinhardt 1850 Central Av C.S.C. Gas Shahid Chatha 700 Rhomberg Av Casey’s General Store # 2420 Casey’s Marketing 2699 Rockdale Rd Casey’s General Store # 2421 Casey’s Marketing 4003 Peru Rd CueMasters Billiards William Kramer 900 Central Av Denny’s Lux Club Beverly Larsen 3050 Asbury Rd Dubuque Discount Gas, Inc Dubuque Discount Gas # 1 4110 Dodge St Dubuque Discount Gas Jeff A. Streinz 2175 Central Av Dubuque Discount Gas # 3 Jeff A. Streinz 3270 Dodge St Dubuque Mining Co. Apt’s Ltd Corp 555 J.F.K. Rd Dubuque Greyhound Park/Casino Dubuque Racing Associ. 1855 Greyhound Park Eagle County Market Peter Clarke 1800 Elm St Easy Street Easy Street LLC 431 Rhomberg Av Econo Foods # 471 Nash Finch 3355 J.F.K. Rd Family Mart Inc Family Mart Inc 3201 Central Av Fraternal Order of Eagles Fraternal Order of Eagles 1175 Century Dr Gin Rickey’s Hefel Frommelt LLC 1447 Central Av Hammerheads Bar & Billiards Hammerheads Inc 2095 Kerper Blvd Hy-Vee Wine & Spirits Hy-Vee Inc. 3500 Dodge St Hy-Vee # 1 Hy-Vee Inc. 3500 Dodge St Hy-Vee # 2 Hy-Vee Inc. 2395 N.W. Arterial Hy-Vee Gas # 2 Hy-Vee Inc 2435 N.W. Arterial Hy-Vee # 3 Hy-Vee Inc. 400 S. Locust St Hy-Vee Gas # 3 Hy-Vee Inc. 300 S. Locust St Instant Replay Pamela Arensdorf 1602 Central Av K-Mart K-Mart Corporation 2600 Dodge St Kalmes Breaktime Kalmes Brothers LLC 1097 Jackson St Knickers Saloon Curtis Gerhard 2188 Central Av McCann’s Service McCann’s Service Inc. 690 W Locust St st Oky Doky # 1 TFM Co 250 W. 1 St nd Oky Doky # 2 TFM Co 51 W. 32 St Oky Doky # 6 TFM Co 1256 Iowa St Oky Doky # 21 TFM Co 2010 Kerper Blvd 10 Paro Food Mart Sahajanand Enterp 3200 Central Av Phillip 66 Liberty Station LLC 10 Main St Plaza 20 BP/Amoco R Future 2600 Dodge St Puff n Snuff Molo Oil Com. 1101 Rhomberg Av Ron’s Discount Smokes/Beverage RKM LLC 1450 Loras Blvd Ron’s Discount Smokes/Beverage RKM LLC 3300 Asbury Rd Sam’s West Inc Sam’s West Inc 4400 Asbury Rd Sid’s Beverage Store Sid’s Beverage Store 2727 Dodge St Tobacco Outlet Plus # 504 Kwik Trip Inc 806 Wacker Dr # 140 Tobacco World Iowa Potatoe & Produce Hse 3341 Hillcrest Rd Wal-Mart Store # 2004 Wal-Mart Store Inc. 4200 Dodge St Walnut Tap Craig Weiner 709 University Av Walgreen Co. # 9708 Walgreen Co. 55 J.F.K. Rd Walgreen Co. # 6154 Walgreen Co. 2260 J.F.K. Rd Whiskey River Chad Streff 1064 University Av Passed, approved and adopted this 18th day of June, 2007. Roy D.Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 346-07 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 th Prospect Pizza Ltd Pizza Hut+(Sunday Sale) 320 E 20 St Prospect Pizza Ltd Pizza Hut+(Sunday Sale) 2075 JFK Rd Legionnaires Drum & Bugle Colts Community Center+(Sunday Sale) 1101 Central Ave Corp CLASS “C” BEER PERMIT Dubuque Discount Gas, Inc Dubuque Discount Gas # 3+(Sunday 3270 Dodge St Sale) Hy-Vee Inc Hy-Vee Wine & Spirits”A”+(Sunday Sale) 3500 Dodge St A Rainbo Oil Co. Keywest Conoco+(Sunday Sale) 2150 Twin Valley Dr Passed, approved and adopted this 18th day of June, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 347-07 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: 11 That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS “C” BEER/LIQUOR LICENSE Plastic Center, Inc Fischer Lanes+(Sunday Sale) 880 Locust St Creslanes Bowling, Inc Creslanes Bowling+(Sunday Sale) 255 S. Main St Tom Koch, Inc Paul’s Tavern+(Sunday Sale) 176 Locust St Apple Corp.LP Applebee’s Grill & Bar+(Sunday Sale) 1395 Associates Dr James Ferring Dubuque Bowling Lanes+(Sunday Sale) 1029 ½ Main St SMG Food & Beverage LLC Five Flags Center+(Sunday Sale) 405 Main St Blazin Wings, Inc Buffalo Wild Wingsl+(Sunday/Outdoor Sale) 2805 Northwest Arterial SPECIAL CLASS “C” LIQUOR th Rotary Club of Dubuque Rotary Club+(Sunday Sale) 135 W. 8 St CLASS “B” WINE Hy Vee Inc. Hy Vee Wine & Spirits “A” 3500 Dodge St “A” Passed, approved and adopted this 18th day of June, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk ITEM TO BE SET FOR PUBLIC HEARING Motion by Cline to receive and file the documents, set the public hearing as specified, adopt the resolutions and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Lynch. Motion carried 7-0. Port of Dubuque Parking Facilities Project: City Manager recommending initiation of the public bidding process for the Port of Dubuque Parking Facilities Project and that a public hearing on the plans and specifications, form of contract, and estimated cost be set for July 2, 2007. Motion by Cline to receive and file the documents and adopt Resolution No. 348-07 Preliminary approval of plans and specifications, form of contract, and estimated cost for the Port of Dubuque Parking Facilities Project, Setting date of hearing on plans and specifications, form of contract, and estimated cost for the Port of Dubuque Parking Facilities Project, and Ordering the advertisement for bids for the Port of Dubuque Parking Facilities Project was adopted setting a public hearing for July 2, 2007 at a meeting to commence at 6:30 p.m. in the Public Library Auditorium. RESOLUTION NO. 348-07 PORT OF DUBUQUE PARKING FACILITY PROJECT. PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the Port of Dubuque Parking Facility Project, in the estimated amount $24,951,650 are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. nd A public hearing will be held on the 2 day of July, 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, 12 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. The Port of Dubuque Parking Facility Project is hereby ordered to be advertised for bids for construction. 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. 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 not less than four but not more than forty-five days before the date for filing bids th before 2:00 p.m. on the 12 day of July, 2007. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council, at a special Council meeting, for final th action at the public hearing at 5:00 p.m. on the 26 day of July, 2007, in the Public Library th Auditorium, 360 West 11 Street, Dubuque, Iowa. th Passed, adopted and approved this 18 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 desire to serve on the th following Boards/Commissions: 175 Anniversary Celebration Coordinating Committee. Fifteen Member Ad Hoc Committee, Temporary Terms. Applicants: Citizen Representatives (6) Wallace Brown, Susan Farber, Barbara Fisher, Michael Gibson, Bart Kintzinger, Joseph Rapp, Ralph Scharnau, Jennifer Tigges, Tammy Welbes, Katie Weidemann; High School Student (1) – No applicants; Young Professionals (2) Amanda Brechler, Scott Frost, Brooke Gassman, Susan Hess, Jennifer Lien, Lindsey McNeeley-Moeller, Christopher Wand, Tammy Welbes, Marcie Winkelman; Historical Society Representative (1) Meg Wall-Wild; Chamber of Commerce Representative (1) Sue Czeshinski; Arts Commissioner (1) Louise Kames, Amy Weber; Telegraph Herald Representative (1) Diane Mohr; Education Representative (1) Gary Olsen. Applicants who spoke in support of their individual appointment: Susan Farber, 1755 Overview; Michael Gibson, 160 So. Grandivew; Bart Kintzinger, 2375 Clarke Crest Drive; Joseph Rapp, 27 Locust St; Tammy Welbes, 2648 University Ave.; Katie Weidemann, 300 Main St.; Amanda Brechler, 2003 Key Way; Lindsey McNeeley-Moeller, 1165 Cleveland; Marcie Winkelman, 729 Edith; and Meg Wall-Wild, 1520 Elm St. Library Board of Trustees: Four 4-year expired terms through July 1, 2011 (Terms of Shubatt, Lindsay, Smith, and Avery). Applicants: Alan Avery, Susan Lindsay, Michael Shubatt, Kristen Smith Mechanical Board: One 3-Year expired term through March 16, 2009 (Term of Geisler) Applicant: Todd Geisler Appointments were made to the following Boards/Commissions: 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. Motion by Michalski to appoint Lyness, Hoffman, and Harjehausen to three-year terms through June 30, 2010. Seconded by Braig. Motion carried 7-0. TV Cable Regulatory Commission: Two 3-year expired terms through June 30, 2010 (Terms 13 of Pratt and Stevens). Applicant: Kevin Stevens. Motion by Connors to re-appoint Stevens to a three-year term through June 30, 2010. Seconded by Braig. Motion carried 7-0. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone to address the City Council. 2411/2403 Central Avenue – Request to Rezone: Proof of publication on notice of public hearing to consider rezoning property located at 2411/2403 Central Avenue from R-2 Two- Family Residential District and C-2 Neighborhood Shopping Center District to C-4 Downtown Commercial District as requested by Lynn Schmitz, and Zoning Advisory Commission recommending approval. Motion by Jones to receive and file the documents and that the requirement that a proposed Ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Lynch. Planning Services Manager Laura Carstens provided a staff report and distributed pictures. Motion by Jones for final consideration and adoption of Ordinance No. 30- 07 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 2411/2403 Central Avenue from R-2 Two-Family Residential District and C-2 Neighborhood Shopping Center District to C-4 Downtown Commercial District. Seconded by Connors. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 30-07 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 2411/2403 CENTRAL AVENUE FROM R-2 TWO-FAMILY RESIDENTIAL DISTRICT AND C-2 NEIGHBORHOOD SHOPPING CENTER DISTRICT TO C-4 DOWNTOWN COMMERCIAL DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter-described property from R-2 Two-Family Residential District and C-2 Neighborhood Shopping Center District to C-4 Downtown Commercial District, to wit: Lot 1 of Lot 10 of Wullweber Subdivision, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. th Passed, approved and adopted the 18 day of June, 2007. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 27 day of June, 2007. /s/Jeanne F. Schneider, CMC, City Clerk 1t 6/27 3100 Cedar Crest Ridge – Request to Rezone: Proof of publication on notice of public hearing to consider rezoning property located at 3100 Cedar Crest Ridge from CS Commercial Service and Wholesale District to C-3 General Commercial District as requested by Dennis 14 Powers, and Zoning Advisory Commission recommending approval. Motion by Jones to receive and file the documents and that the requirement that a proposed Ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Braig. Dennis Power, 767 Brookview Square, spoke in support of the ordinance. Planning Services Manager Laura Carstens provided a staff report. Lynch asked if there is a traffic benchmark the City uses, if the traffic will increase, and what the estimated occupation or completion date is. Carstens said there is no traffic benchmark. Powers said that construction is scheduled for completion in August and that the traffic will increase some. However there is sufficient road capacity in place to handle the increase. Motion carried 7-0. Motion by Jones for final consideration and adoption of Ordinance No. 31-07 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 3100 Cedar Crest Ridge from CS Commercial Service and Wholesale District to C-3 General Commercial District. Seconded by Lynch Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 31-07 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 3100 CEDAR CREST RIDGE FROM CS COMMERCIAL SERVICE AND WHOLESALE DISTRICT TO C-3 GENERAL COMMERCIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter-described property from CS Commercial Service and Wholesale District to C-3 General Commercial District, to wit: Lot 7 Cedar Ridge Farm Place No. 4, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. th Passed, approved and adopted this 18 day of June, 2007. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 27 day of June, 2007. /s/Jeanne F. Schneider, CMC, City Clerk 1t 6/27 40-42 Main Street – Request to Rezone: Proof of publication on notice of public hearing to consider rezoning property located at 40-42 Main Street from LI Light Industrial District to C-4 Downtown Commercial District as requested by Chris Miller/Wally Brown, and Zoning Advisory Commission recommending approval. Motion by Jones to receive and file the documents and that the requirement that a proposed Ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Connors. Motion carried 7-0. Planning Services Manager Laura Carstens provided a staff report saying that the rezoning provides an opportunity to use an historic structure that is currently empty in an area that’s in transition. Motion by Jones for final 15 consideration and adoption of Ordinance No. 32-07 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 40-42 Main Street from LI Light Industrial District to C-4 Downtown Commercial District. Seconded by Braig. Chris Miller, 3211 N. Cedar Cross Court, spoke in support of the ordinance. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 32-07 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 40-42 MAIN STREET FROM LI LIGHT INDUSTRIAL DISTRICT TO C-4 DOWNTOWN COMMERCIAL DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter-described property from LI Light Industrial District to C-4 Downtown Commercial District, to wit: Lot 16 and 17 in the Subdivision of the West one-half of Block 1 in Dubuque Harbor Company’s Addition, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. th Passed, approved and adopted this 18 day of June, 2007. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC City Clerk th Published officially in the Telegraph Herald Newspaper the 27 day of June, 2007. /s/Jeanne F. Schneider, CMC, City Clerk 1t 6/27 2678 Beverly Avenue – Request to Rezone: Proof of publication on notice of public hearing to consider rezoning property located at 2678 Beverly Avenue from R-1 One-Family Residential District to R-2 Two-Family Residential District as requested by Tom Swift, Swift Construction, Inc., and Zoning Advisory Commission recommending approval. Motion by Michalski to receive and file the documents and that the requirement that a proposed Ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Jones. Tom Swift, 2005 Firestone Drive, President of Swift Construction, spoke in support of the ordinance saying that this will be a new construction and will have a positive impact on the area. Cline asked if there would be off-street parking. Swift said that each unit will have the required four spaces including off-street and on-street parking. Connors asked if the mature trees would be saved. Swift said that designs are uncertain put all attempt will be made to save the trees. Planning Services Manager Laura Carstens provided a staff report saying that this is an expansion of the R-2 zoning and there is sufficient space for the construction. Motion by Michalski for final consideration and adoption of Ordinance No. 33-07 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at R-1 One-Family Residential District to R-2 Two-Family Residential District. Seconded by Lynch. Motion carried 7-0. 16 OFFICIAL PUBLICATION ORDINANCE NO. 33-07 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 2678 BEVERLY AVENUE FROM R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT TO R-2 TWO-FAMILY RESIDENTIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter-described property from R-1 Single-Family Residential District to R-2 Two-Family Residential District, to wit: Lot 41 Lenox Addition, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. th Passed, approved and adopted this 18 day of June, 2007. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 27 day of June, 2007. /s/Jeanne F. Schneider, CMC, City Clerk 1t 6/27 Iowa 32 (Southwest Arterial) Corridor – Text Amendment: Proof of publication on notice of hearing to consider a request from the City of Dubuque to amend Sections 6-1.5.5 and 4-4.2 of the Zoning Ordinance and Section 42-16 of the Subdivision Regulations to extend the duration of the development moratorium for the Iowa 32 (Southwest Arterial) Corridor to July 1, 2008, and Zoning Advisory Commission recommending approval. Motion by Jones to receive and file the documents and that the requirement that a proposed Ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Braig. Motion carried 7-0. Planning Services Manager Laura Carstens provided a staff report saying that this ordinance will extend the existing moratorium to 2008 and that there were no public comments at the Zoning meeting. Michalski asked for clarification on the location/boundaries of the moratorium and if there were many existing developed properties that would be impacted. Carstens said that the moratorium takes into consideration variations of streets, territories, and properties beyond the final line of the project as a precaution and that this is generally an agricultural corridor with few structures associated with farms. Motion by Jones for final consideration and adoption of Ordinance No. 34-07 Amending Chapter 42 (Subdivision Regulations) of the City of Dubuque Code of Ordinances by amending Section 42-16 to extend a moratorium for subdivision plats in the Iowa 32 (Southwest Arterial) corridor; and Ordinance No. 35-07 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by amending Section 4-4.2 regarding site plans, and by amending Section 6-1.5.5 regarding rezonings to extend a moratorium for site plan and rezoning applications in the Iowa 32 (Southwest Arterial) corridor. Seconded by Braig. Motion carried 7-0. 17 OFFICIAL PUBLICATION ORDINANCE NO. 34-07 AN ORDINANCE AMENDING CHAPTER 42 (SUBDIVISION REGULATIONS) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY AMENDING SECTION 42-16, TO EXTEND A MORATORIUM FOR SUBDIVISION PLATS IN THE IOWA 32 (SOUTHWEST ARTERIAL) CORRIDOR Whereas, the Iowa Department of Transportation (IDOT) and the City of Dubuque are engaged in a study of the Iowa 32 (Southwest Arterial) Corridor, which will include the right-of- way acquisition for the preferred alignment; and Whereas, the City of Dubuque and the IDOT desire to minimize potential development conflicts during this study by extending the development moratorium for the Southwest Arterial Corridor. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1. Chapter 42 (Subdivision Regulations) of the City of Dubuque Code of Ordinances is hereby amended by amending Section 42-16 as follows: Section 42-16. Moratorium for Subdivisions in the Iowa 32 (Southwest Arterial) Corridor: No plat for any subdivision or resubdivision of property in the Iowa 32 (Southwest Arterial) Corridor, as delineated on the attached drawings, shall be approved by the City Council, Zoning Advisory Commission or City Planner from the effective date of this Section to July 1, 2008, except where a vested right to the issuance of such approval accrued to any person, firm or corporation as a matter of law prior to the effective date of this Section. Section 2. This Ordinance shall take effect upon publication, as provided by law. th Passed, approved and adopted this 18 day of June, 2007. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 27 day of June, 2007. /s/Jeanne F. Schneider, CMC, City Clerk 1t 6/27 OFFICIAL PUBLICATION ORDINANCE NO. 35-07 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY AMENDING SECTION 4-4.2 REGARDING SITE PLANS, AND BY AMENDING SECTION 6-1.5.5 REGARDING REZONINGS, TO EXTEND A MORATORIUM FOR SITE PLAN AND REZONING APPLICATIONS IN THE IOWA 32 (SOUTHWEST ARTERIAL) CORRIDOR. Whereas, the Iowa Department of Transportation (IDOT) and the City of Dubuque are engaged in a study of the Iowa 32 (Southwest Arterial) Corridor, which will include the right-of- way acquisition for the preferred alignment; and Whereas, the City of Dubuque and the IDOT desire to minimize potential development conflicts during this study by extending the development moratorium for the Southwest Arterial Corridor. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1. Appendix A (Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by amending Section 4-4.2 as follows: Section 4-4.2. Application and Scope. (A) Moratorium for Site Plans in the Iowa 32 (Southwest Arterial) Corridor. 18 The City Planner shall not issue conditional or final approval for any site plan filed for property in the Iowa 32 (Southwest Arterial) Corridor that lies within the corporate limits of the City of Dubuque, as delineated on the attached drawings, from the effective date of this Section to July 1, 2008, except where a vested right to the issuance of such approval accrued to any person, firm or corporation as a matter of law prior to the effective date of this Section. Section 2. Appendix A (Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by amending Section 6-1.5.5 as follows: Section 6-1.5.5 Moratorium for rezonings in the Southwest Arterial Corridor. In addition to the requirements of subsection 6-1.5 of this Section, the City Council shall not give final approval to any zoning reclassification (rezoning) request for property in the Iowa 32 (Southwest Arterial) Corridor that lies within the corporate limits of the City of Dubuque, as delineated on the attached drawings, from the effective date of this Section to July 1, 2008, except where a vested right to the issuance of such approval accrued to any person, firm or corporation as a matter of law prior to the effective date of this Section. Section 3. This Ordinance shall take effect upon publication, as provided by law. th Passed, approved and adopted this 18 day of June, 20072006. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 27 day of June, 2007. /s/Jeanne F. Schneider, CMC, City Clerk 1t 6/27 L & J Properties Dubuque, LLC Development Agreement: Proof of publication on notice of hearing to consider approval of a Development Agreement with L & J Properties Dubuque, LLC, and the disposition of 2.74 acres of property in Dubuque Technology Park for construction of an 11,255 square foot office building, and City Manager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 349- 07 Determining that the proposal of L & J Properties Dubuque, LLC to acquire and develop property in the Dubuque Industrial Center South Economic Development Urban Renewal District 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. 350-07 Accepting the proposal of L & J Properties Dubuque, LLC for the purchase of property in the Dubuque Industrial Center South Economic Development Urban Renewal District in the City of Dubuque, Iowa and approving the Development Agreement with L & J Properties Dubuque, LLC. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 349-07 DETERMINING THAT THE PROPOSAL OF L & J PROPERTIES DUBUQUE, LLC TO ACQUIRE AND DEVELOP PROPERTY IN THE DUBUQUE INDUSTRIAL CENTER SOUTH ECONOMIC DEVELOPMENT URBAN RENEWAL DISTRICT 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. 260-07, dated May 7, 2007, nominated the City Clerk as agent of the City of Dubuque, Iowa, to receive and open on June 13, 2007, at 10:00 a.m., proposals for the disposition of property in the Dubuque Industrial Center South Economic Development Urban Renewal District in Dubuque Technology Park in accordance with the terms and conditions set forth in the resolution; and 19 _ Whereas, the City Council has received a proposal, referred to in said resolution, from L & J Properties Dubuque, LLC whose proposal meets the terms and conditions of Resolution No. 260-07; 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 June 13, 2007, for the disposition of property in the Dubuque Industrial Center South Economic Development Urban Renewal District in the Dubuque Technology Park be received, filed and adopted. Section 2. That it is hereby determined that the proposal of L & J Properties Dubuque, LLC for the development of said property is the only proposal which satisfies the terms and conditions set forth in Resolution No. 260-07 adopted on February 20, 2007. th Passed, approved and adopted this 18 day of June, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 350-07 ACCEPTING THE PROPOSAL FROM L & J PROPERTIES DUBUQUE, LLC FOR THE PURCHASE OF PROPERTY IN THE DUBUQUE INDUSTRIAL CENTER SOUTH ECONOMIC DEVELOPMENT URBAN RENEWAL DISTRICT IN DUBUQUE TECHNOLOGY PARK IN THE CITY OF DUBUQUE, IOWA AND APPROVING THE DEVELOPMENT AGREEMENT WITH L & J PROPERTIES DUBUQUE, LLC Whereas, the City Council, by Resolution No. 260-07, dated May 7, 2007: 1. Adopted the terms and conditions for offering for disposition of certain real property and improvements in the Dubuque Industrial Center South Economic Development Urban Renewal District in the City of Dubuque, Iowa, legally described as follows: Lot 1 -10, Block 2 Dubuque Technology Park in the City of Dubuque; and 2. Determined that the proposal submitted by L & J Properties Dubuque, LLC satisfied the requirements of said offering; and 3. Declared its intent to accept the L & J Properties Dubuque, 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., June 13, 2007; and; Whereas, on May 11, 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 L & J Properties Dubuque, LLC; and Whereas, by separate Resolution of this date, the City Council has received and approved as its own the report of the City Clerk that no other qualified proposal was received; and Whereas, it is the determination of the City Council that approval of the Development Agreement with L & J Properties Dubuque, 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 South Economic Development Urban Renewal District. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 20 Section 1. That the Development Agreement by and between the City of Dubuque and L & J Properties Dubuque, 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 and the Special Warranty Deed to the property included therein on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. That the City Manager is authorized to take such actions as are necessary to implement the terms of the Development Agreement as herein approved. th Passed, approved and adopted this 18 day of June, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Port of Dubuque Parking Ramp – Urban Renewal Tax Increment Revenue Bonds: Proof of publication on notice of hearing to consider approval of the sale of not to exceed $25,000,000 Urban Renewal Tax Increment Revenue Bonds and City Manager recommending approval. Motion by Cline to receive and file the documents and adopt Resolution No. 351-07 Instituting proceedings to take additional action for the issuance of not to exceed $25,000,000 Urban Renewal Tax Increment Revenue Bonds. Seconded by Michalski. Bud Isenhart, 8968 Quail Ridge Court, expressed his concern over the length of a 30-year bond and continuation of the current TIF program, which is now 25 years old. He believes it is unfair to the County and school district to divert these funds for economic development. City Manager Van Milligen said that if the Urban Renewal District continues the money goes back to the taxing bodies. He explained that this is a component of the America’s River Project Phase II and provides parking for $70 million in new, mixed-use development; the Diamond Jo Casino; the museum’s expansion; and is leverage for the museum’s $8 million Vision Iowa grant. Per the development agreement, the Diamond Jo can reject the project’s plans. The City would then downsize the project to accommodate the change in cost, and the museum would have to renegotiate their Vision Iowa grant. Motion carried 7-0. RESOLUTION NO. 351-07 INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $25,000,000 URBAN RENEWAL TAX INCREMENT REVENUE BONDS WHEREAS, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $25,000,000 Urban Renewal Tax Increment Revenue Bonds for the purpose of 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, and has considered the extent of objections received from residents or property owners as to said proposed issuance; and, accordingly the following action is now considered to be in the best interests of the City and residents thereof. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council does hereby institute proceedings and takes additional action for the sale and issuance in the manner required by law of not to exceed $25,000,000 Urban Renewal Tax Increment Revenue Bonds for the foregoing purposes. Section 2. The City Manager is authorized and directed to proceed on behalf of the City with arrangements for the sale of the Urban Renewal Tax Increment Revenue Bonds, to select a date for the sale thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and this Council and otherwise to take all action necessary to permit the sale of the Urban Renewal Tax Increment Revenue Bonds on a basis favorable to the City and acceptable to the Council. th Passed and approved this 18 day of June, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Release and Acceptance of Sanitary Sewer Easement – Raven Oaks: Proof of publication on notice of hearing 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 and City Manager recommending approval. Motion by Cline to receive and file the documents and adopt Resolution No. 352-07 Accepting a conveyance of easements over part of Lot 4 of Raven Oaks No. 2 and Lots 1 and 2 of Raven Oaks Place in the City of Dubuque, and Resolution No. 353-07 Disposing of interest and release of 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, Dubuque County, Iowa. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 352-07 ACCEPTING A CONVEYANCE OF EASEMENTS OVER PART OF LOT 4 OF RAVEN OAKS NO. 2 AND LOTS 1 AND 2 OF RAVEN OAKS PLACE IN THE CITY OF DUBUQUE Whereas, Kluck Partnership agreed to engineer and reconstruct a sanitary sewer pursuant to which Kluck Partnership agreed to convey easements for sanitary sewer and utilities over part of Lot 4 of Raven Oaks No. 2 and Lots 1 and 2 of Raven Oaks Place in the City of Dubuque, Iowa, as shown on the Plat of Easements attached hereto; and Whereas, Kluck Partnership has executed an easement for said sanitary sewer. 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, Iowa, hereby approves, accepts and consents to the dedication of easements for sanitary sewer and utilities on Lot 4 of Raven Oaks No. 2 and Lots 1 and 2 of Raven Oaks Place in the City of Dubuque, Iowa, copies of which are attached hereto, as required by Iowa Code Section 569.7. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. th Passed, adopted and approved this 18 day of June, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 353-07 RESOLUTION DISPOSING OF INTEREST AND RELEASE A PORTION OF AN EXISTING 20-FOOT WIDE SANITARY SEWER EASEMENT, A 25-FOOT ACCESS AND UTILITY 22 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, DUBUQUE COUNTY, IOWA Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of th Dubuque, Iowa on the 8 day of June, 2007, the City Council of the City of Dubuque, Iowa met thth on the 18 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 release of real estate described as: Real property described as 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, Dubuque County, Iowa, as shown on the Exhibit Plat of easements to be vacated, attached hereto. Whereas, the City Council of the City of Dubuque, Iowa, overruled any and all objections, oral or written to the proposal to dispose of interest of the City of Dubuque, Iowa, in the hereinabove described real estate. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the disposal of the interest of the City of Dubuque, Dubuque County, Iowa, in real property described as 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, as shown on the Exhibit Plat of easements to be vacated, attached hereto be and the same is hereby approved for the cost of publication and filing fees. Section 2. The Mayor is hereby authorized and directed to execute a Release of Easement and the City Clerk be and is hereby authorized and directed to deliver said Release to Kluck Partnership, upon receipt of the above fees. 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, adopted and approved this 18 day of June, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk York and Curtis Street Storm Sewer Improvement Project: Proof of publication on notice of hearing to consider approval of the plans and specifications, form of contract, and estimated cost for the York and Curtis Street Storm Sewer Improvement Project and City Manager recommending approval. Motion by Michalski to receive and file the documents and adopt Resolution No. 354-07 Approving plans and specifications, form of contract, and estimated cost for the York and Curtis Street Storm Sewer Improvement Project. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 354-07 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 approved. 23 th Passed, adopted and approved this 18 day of June, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Star Brewery Drive Construction Project: Proof of publication on notice of hearing to consider approval of the plans and specifications, form of contract, and estimated cost for the Star Brewery Drive Construction Project and City Manager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 355-07 Approving plans and specifications, form of contract, and estimated cost for the Star Brewery Drive Construction Project. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 355-07 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR 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 $646,416, are hereby approved. th Passed, adopted and approved this 18 day of June, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Kaufmann Avenue Alley Storm Sewer Construction Project: Proof of publication on notice of hearing to consider approval of the plans and specifications, form of contract, and estimated cost for the Kaufmann Avenue Alley Storm Sewer Construction Project. Motion by Cline to receive and file the documents and adopt Resolution No. 356-07 Approving plans and specifications, form of contract, and estimated cost for the Kaufmann Avenue Alley Storm Sewer Construction Project. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 356-07 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE KAUFMANN ALLEY STORM SEWER 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 Kaufmann Alley Storm Sewer Construction Project, in the estimated amount $42,703.00, are hereby approved. th Passed, adopted and approved this 18 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 Callahan Old 20 Subdivision: Zoning Advisory Commission recommending approval of the Preliminary Plat of Callahan Old 20 Subdivision as requested by Joel Callahan, Callahan Construction. 24 Communication from Joel Callahan requesting this item be tabled. Motion by Cline to receive and file the documents and table. Seconded by Braig. Motion carried 7-0. Procedure for Declaring Public Nuisances: City Attorney recommending approval of a proposed amendment to Chapter 23 of the City of Dubuque Code of Ordinances to provide for the procedure for declaring a public nuisance. Motion by Connors to receive and file the documents and that the requirement that a proposed Ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Jones. Motion carried 7-0. City Attorney Lindahl said that this ordinance amendment will conform the City Code of Ordinances to the Iowa Supreme Court ruling which requires notice to the property owner and an opportunity to be heard in a quasi- judicial proceeding if a declaration of a public nuisance is made by the City Council. Motion by Connors for final consideration and adoption of Ordinance No. 36-07 Amending the City of Dubuque Code of Ordinances Chapter 23 Nuisance, Section 23-43 Relating to the Procedure for the Declaration of a Public Nuisance. Seconded by Braig. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 36-07 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES CHAPTER 23 NUISANCE, SECTION 23-43 RELATING TO THE PROCEDURE FOR THE DECLARATION OF A PUBLIC NUISANCE Section 1. City of Dubuque Code of Ordinances § 23-43 is amended to read as follows: Sec. 23-43. Public Nuisances Prohibited; Authority To Abate: (a) The creation, maintenance, or continuation of a public nuisance is hereby declared unlawful and is prohibited. (b) Upon application of the City Manager for a declaration of a nuisance, the City Council, after notice to the property owner of the grounds therefore, shall hold a hearing on the application as provided in § 1-30, et seq. of this Code. Upon declaration of a nuisance, the City Council may direct the City Manager to abate or cause to be abated public nuisances in any manner authorized by law, including, but not limited to, Chapter 1, Article II of this Code. Section 2. This Ordinance shall take effect on publication. th Passed, approved and adopted the 18 day of June, 2007. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 27 day of June, 2007. /s/Jeanne F. Schneider, CMC, City Clerk 1t 6/27 Greater Dubuque Development Corporation: Communication from the Greater Dubuque Development Corporation requesting appointments to the Greater Dubuque Development Corporation Board of Directors. Motion by Connors to appoint Mayor Buol, City Manager Van Milligen, and Economic Development Director David Heiar to the Greater Dubuque Development Corporation Board of Directors. Seconded by Jones. Motion carried 7-0. Motion by Connors to appoint Council Members Cline and Lynch to the Greater Dubuque Development Corporation Board of Directors. Seconded by Braig. Michalski noted that Council members should be cognizant of their attendance records regarding their various board appointments. Motion carried7-0. 25 Grand River Center Carpet Replacement Project: City Manager recommending award of the contract for the Grand River Center Carpet Replacement Project to Commercial Flooring Company in the amount of $114,245. Motion by Michalski to receive and file the documents and adopt Resolution No. 357-07 Awarding public improvement contract for the Grand River Center Carpet Replacement Project. Seconded by Connors. Michalski said she was disappointed in the degree of mistakes in the bid. Motion carried 7-0. RESOLUTION NO. 357-07 AWARDING CONTRACT WHEREAS, sealed proposals have been submitted by contractors for the Grand River Center Carpet Replacement Project pursuant to Resolution No. 259-07, and notice to bidders published in a newspaper published in the City of Dubuque, Iowa, on the11th day of May, 2007. WHEREAS, said sealed proposals were opened and read on the 7th day of June, 2007, and it has been determined that the bid of Commercial Flooring Company in the amount of $114,245 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the plans and specifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above improvement be awarded to Commercial Flooring Company, and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 18th day of June, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk COUNCIL MEMBER REPORTS Mayor Buol asked Assistant City Manager Cindy Steinhauser to give a report on the recent All America City award presentation. Steinhauser provided a brief history of the application process and how the City engaged citizens and organizations to gather information about what makes Dubuque an All America City. The community’s collaboration efforts and youth programs were emphasized along with the City’s diversity, downtown revitalization and the Port of Dubuque projects. The City’s spirit of collaboration and the projects’ sustainability were apparent in the delegation’s presentation and she thanked everyone involved for their excitement and input. Michalski emphasized the presence of elected officials in the winning presentation. Lynch commended Steinhauser for her detailed planning and facilitation of the presentation. CLOSED SESSION Upon motion the City Council convened in special session at 8:15 p.m. pending litigation and property acquisition pursuant to Chapter 21.5(1)(c)(j) 2007 Code of Iowa Upon motion and having given staff proper direction, the City Council reconvened to regular 26 session at 8:24 p.m. There being no further business, upon motion the meeting adjourned at 8:25 p.m. /s/Kevin S. Firnstahl Assistant City Clerk 27