Loading...
7 21 08 City Council Proceedings Official CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on July 21, 2008 in the His- toric Federal Building. Present: Mayor Buol, Council Members Connors, Jones, Lynch, Resnick, Voetberg, City Manager Van Milligen; Assistant City Attorney O’Brien Absent: Council Member Braig Mayor Buol read the call and stated this is a regular session called for the purpose of dis- cussing such matters which may properly come before the City Council. Invocation was provided by Pastor Tom Zinkula, Holy Spirit Pastorate CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Voetberg. Jones requested (#22) Library Board of Trustees be held for separate discussion. Motion carried 6-0. Minutes and Reports Submitted: City Council of 7/7; Civil Service Commission of 6/17; His- toric Preservation Commission of 6/19; Park and Recreation Commission of 6/10 and 7/8; Zon- ing Advisory Commission of 7/20; Zoning Board of Adjustment of 6/26. Upon motion the docu- ments were received and filed. Notice of Claims/Suits: Terrell Mitchem for vehicle damage; Dennis McCarthy for property damage; Portzen Construction d/b/a/ Dubuque Plumbing and Heating Company for costs in- curred on a public improvement project. 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 Ser- vices of Iowa, the agent for the Iowa Communities Assurance Pool: Jim Huff for vehicle dam- age; Dennis McCarthy for property damage; Justin Ramos for vehicle damage; Laddie Sula for vehicle damage. Upon motion the documents were received and filed and concurred. Fiscal Year 2009 Community Development Block Grant (CDBG) Agreement: City Manager recommending approval of the Fiscal Year 2009 Community Development Block Grant (CDBG) Agreement with the U.S. Department of Housing and Urban Development (HUD) in the amount of $1,209,427. Upon motion the documents were received and filed and Resolution No. 226-08 Authorizing execution of a Community Development Block Grant Agreement with the U.S. Department of Housing and Urban Development was adopted. RESOLUTION NO. 226-08 RESOLUTION AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT WITH THE U.S. DEPARTMENT OF HOUSING AND URBAN DE- VELOPMENT. Whereas, under provisions of Title I of Housing and Community Development Act of 1974, as amended, the City of Dubuque prepared and submitted an Annual Action Plan for a Com- munity Development Block Grant; and Whereas, the submission has been approved by the U.S. Department of Housing and Ur- ban Development in the amount of $1,209,427 for a twelve month program year commencing July 1, 2008 and ending June 30, 2009; and Whereas, a grant agreement covering the activities proposed to be carried out with the Community Development Block Grant funds has been transmitted to the City of Dubuque by the U. S. Department of Housing and Urban Development. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the Funding Approval/Agreement, authorized by the U.S. Department of Housing and Urban Development for July 1, 2008 for a Community Development Block Grant to the City of Dubuque in the amount of $1,209,427 and identified as Grant Number B-08-MC- 19-0004 is hereby accepted. Section 2. That the Mayor of the City of Dubuque be and he is hereby authorized and di- rected to execute said Agreement on behalf of the City of Dubuque, Iowa. st Passed, approved and adopted this 21 day of July 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Purchase of Property – Bricktown Parking Lot: City Manager recommending acceptance of the Warranty Deed from Paul M. Fahey for purchase of the Bricktown Parking Lot at 280 Lo- cust Street. Upon motion the documents were received and filed and Resolution No. 227-08 Accepting the deed to certain real estate in Dubuque County, Iowa from Paul M. Fahey was adopted. RESOLUTION NO. 227-08 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM PAUL M. FAHEY WHEREAS, the City of Dubuque entered into an Agreement with Paul M. Fahey for the pur- chase of the following described real property in Dubuque County, Iowa: Lots 87, 88, and the North 20 feet 3 inches of Lot 86 in the City of Dubuque, Iowa, according to the United States Commissioners’ Map of the Town of Dubuque; and WHEREAS, the terms of the Agreement have now been met. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA, AS FOLLOWS: 1. The City of Dubuque hereby accepts the Warranty Deed from Paul M. Fahey attached hereto. 2. The City Clerk is hereby authorized and directed to record this Resolution and the War- ranty Deed with the Dubuque County Recorder. st Passed, approved and adopted this 21 day of July, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 2009 Fireworks Display: Communication from the Dubuque Jaycees, KDTH, KATF, KGRR and The River requesting permission to conduct a fireworks display on Thursday, July 3, 2009 (rain date of July 4, 2009) on Volunteer Road. Upon motion the document was received, filed, and approved. Request to Vacate City Property: Communication from Brian J. Kane, representing Thomas 2 A. Luksetich, requesting to purchase a 9,000 square foot parcel of City-owned property on Kerper Boulevard. Upon motion the document was received and filed and referred to the City Manager. Every Child / Every Promise: Communication from Mae Hingtgen, Executive Director, ex- pressing appreciation to the City of Dubuque for support of the Every Child / Every Promise initiative. Upon motion the document was received and filed. Civil Service Commission: Civil Service Commission submitting the certified lists for the po- sitions of Utility Locator, Engineering Technician and Law Enforcement User Support Special- ist. Upon motion the documents were received and filed and made a Matter of Record. July 8, 2008 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 2007 Code of Iowa, an examination for the position of Utility Locator was given on June 25, 2008. We hereby certify that the individuals listed be- low have passed this written examination and that vacancies for this position should be made from this list and that the list is good for one (1) year from above date. UTILITY LOCATOR Nick Grawe Michael J. Kruser Justin Smith Gene A. Kramer John Thiltgen Christopher J. Huss Scott J. Nicks Marty L. Kalb Kevin Kratz Larry Troester III Matthew J. Koch Paul Neuhaus Benjamin J. Baumann Robert J. Barry James R. Welty Amy M. Herman Respectfully submitted, Civil Service Commission, Loras Kluesner, Otto Krueger July 8, 2008 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 2007 Code of Iowa, an examination for the position of Engineering Technician was given on July 1, 2008. We hereby certify that the individuals listed below have passed this written examination and that vacancies for this position should be made from this list and that the list is good for one (1) year from above date. ENGINEERING TECHNICIAN John Del Degan Jonathon Rai Daniel Lawler Rebecca Lamm Kevin Kratz Todd Carr Michael Kruser Respectfully submitted, Civil Service Commission, Loras Kluesner, Otto Krueger July 8, 2008 3 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 2007 Code of Iowa, an examination for the position of Law Enforcement User Support Specialist was conducted. We hereby certify that the indi- viduals listed below have passed this written examination and that vacancies for this position should be made from this list and that the list is good for two years from above date. LAW ENFORCEMENT USER SUPPORT SPECIALIST Rich L. Glover Dennis M. Wallace Lori Bruflodt Ann Cummer John Dalton Kari Voss Ronda Powers Kristopher Nelson James Delaney Steve Dawe Alicia Sprank Michael Wissing Abby Widel Jean Welch Rick Belken Respectively submitted, Civil Service Commission, Loras Kluesner, Otto Krueger 2008 Weed Assessments: City Manager recommending approval of the levy of special as- sessments for the first half of the 2008 Weed Enforcement Program. Upon motion the docu- ments were received and filed and Resolution No. 228-08 Adopting the schedule of assess- ments for the first half of the 2008 Weed Enforcement Program specifying the number of an- nual installments into which assessments are divided, the interest on all unpaid installments, the time when the assessments are payable and directing the Clerk to certify the schedule of assessments to the County Treasurer and to publish notice thereof was adopted. RESOLUTION NO. 228-08 ADOPTING THE SCHEDULE OF ASSESSMENTS FOR THE FIRST HALF OF THE 2008 WEED ENFORCEMENT PROGRAM SPECIFYING THE NUMBER OF ANNUAL INSTALL- MENTS INTO WHICH ASSESSMENTS ARE DIVIDED, THE INTEREST ON ALL UNPAID INSTALLMENTS, THE TIME WHEN THE ASSESSMENTS ARE PAYABLE AND DIRECT- ING THE CLERK TO CERTIFY THE SCHEDULE OF ASSESSMENTS TO THE COUNTY TREASURER AND TO PUBLISH NOTICE THEREOF NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: That after full consideration of the Schedule of Assessments attached hereto for the First Half of the 2008 Weed Enforcement Program which Schedule of Assessments was filed in the office of the city Clerk on the July 17, 2008, the said Schedule of Assessments be and the same is hereby approved and adopted. That there be, and is herby assessed and levied as a special tax against and upon each of the lots, the respective sums indicated. That the City Clerk be and is hereby directed to certify said schedule to the County Treasur- er 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. On or before the date of the second publication of the notice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided and directed in Iowa Code § 384.60. 4 The assessments may be paid in full or in part without interest at the office of the City Trea- th surer, City Hall, 50 W. 13 Street, Dubuque, Iowa, at any time within 30 days after the date of the first publication of the notice of the filing of the Schedule of Assessments with the County Treasurer. After 30 days, unpaid assessments of $100.00 or more are payable in 10 annual installments at the County Treasurer’s Office, Dubuque County Courthouse, 720 Central Ave- nue, Dubuque, Iowa, and will draw annual interest at nine (9) percent (commencing on the date of acceptance of the work) computed to December 1 next following the due dates of the respective installments as provided in Section 384.65 of the Code of Iowa. Each installment will be delinquent from October 1 following its due date on July 1 of each year. Property own- ers may elect to pay any annual installments semiannually in advance. Passed, approved and adopted this 21st day of July, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk City of Dubuque 2008 Weed/Garbage/Junk Assessments Schedule of Final Assessments The following schedule is hereby determined to show each lot proposed to be assessed for the im- provement shown in the title together with the amount proposed to be assessed against each lot by the City Council of the City of Dubuque, Iowa. PROPERTY OWNER, PROPERTY ADDRESS, LEGAL DESCRIPTION, TOTAL ASSESS- MENT, CATEGORY Steven Glew, 2234 St. John Drive, Dubuque IA 52002, 2234 St. John Drive, Lot 37 Blk 2 Sunset Park # 2, $77.50, Weed cutting; Larry & Sharon McDermott, 13384 BMR Lane, Dubuque IA 52002, Lot between 3535 & 3547 Lunar Drive, Lot 5 Blk 1 Cresent Heights, $77.50, Weed cutting; Clara Craig Finger, 1955 Clarke Drive Dubuque IA 52001, 1955 Clarke Drive, Lot 2-1-1-1-1 Smyths Sub, $77.50, Weed cutting; Branden Fuglsang & Tabitha Pitz, 439 Clark Street, Dubuque IA 52001, 439 Clark Street, W 43' of Lot 7 of E Pt of City Lot 682 & Lot 2-6 E Pt of City Lot 682, $77.50, Weed cutting; Dustin Glab & Angela Rolwes, 330 N Algona, Dubuque IA 52001, 330 N Algona, M 1/3 of Lots 17 & 18 Davis Sub, $77.50, Weed cutting; Patricia Arensdorf, 600 Sutter Street, Dubuque IA 52001, 600 Sutter Street, Lot 60 Staf- fords Add, $95.00, Weed cutting; Ryan & Natasha Ivanov, 1145 Rush Street, Dubuque IA 52003, 625 Clarke Drive, LOT 26 & E 1/2 OF 25 J P SCHROEDERS ADD, $77.50, Weed cutting; Tommy & Sandra Kohl, 1555 N Grandview Ave, Dubuque IA 52001, 1555 N Grandview Avenue, Lot 93 Woodlawns Park Add, $77.50, Weed cutting; Rachael Houselog, 3405 Dove Street, Dubuque IA 52002, 3405 Dove Street, Lot 2 Blk 5 Sunset Park Sub, $77.50, Weed cutting; Teodoro Borrego & Shani Smith, 2216 Delmonaco Drive, Dubuque IA 52002, 2216 Delmo- naco Drive, Lot 7 Blk 12 Westchester Sub, $77.50, Weed cutting; Secretary Of Housing & Urban C/O Best Assets Inc 501 Marquette Ave, Suite 120, Minne- LOT 6 BLK 6 WESTCHESTER, apolis MN 55402, 3404 Foothill Street, $95.00, Weed cutting; Nathan & Jennifer Boyes, 14130 Cypress Point, Dubuque, IA 52002, Lots next to 515 Sap- Lot 17 Emerald Acres # 2, phire Circle, $77.50, Weed cutting; Nathan Boyes, 14130 Cypress Point, Dubuque, IA 52002, 618 Lincoln Avenue, NE 1/2 of Lot 52 Cooks Add, $77.50, Weed cutting; Steve Haggerty, 2922 Brandywine Park Drive, Dubuque IA 52001, Corner lot at N. Grand- view & Kaufmann, Lot 2-1-1-1-1-1-1-1-1-1 of Mineral Lot 342, $77.50, Weed cutting; 5 William & Michelle Durr, 2643 Windsor Avenue, Dubuque, IA 52001, 2643 Windsor Ave- nue, Lot 3-1-5 Sub of 11, 12 & 13 NE 1/2 Sec 13 T899N-R2E (Lands inside), $77.50, Weed cutting; Marcel Howard, 4914 Twilight Drive Dubuque IA 52002, 4914 Twilight Drive, Lot 11 Blk 17 Sunnyslope Estates, $77.50, Weed cutting; Andrea Bermas, 1005 Victoria Street, Dubuque IA 52003, 1005 Victoria Street, Lot 1-1 Cook & Allen Place, $130.00, Weed cutting; Nathan & Jennifer Boyes, 14130 Cypress Point, Dubuque, IA 52002, 977-979 Cleveland, S 90' of Lot 61 Union Add 977-979 Cleveland Ave, $77.50, Weed cutting; Peter Eck, Equity Builders LLC, 760 Tanzanite, Dubuque, IA 52001, 587 Tanzanite, Lot 206 Emerald Acres # 4, $51.25, Weed cutting; Peter Eck, Equity Builders LLC, 760 Tanzanite, Dubuque, IA 52001, 760 Tanzanite, Lot 5 Emerald Acres # 4, $51.25, Weed cutting; Mary Kirton, Brian Lee & Jennifer Wharton, 2431 Windsor Avenue, Dubuque IA 52001, 2431 Windsor, S 1/2 Lot 32 Staffords Add, $60.00, Weed cutting; Anthony Trentz & Ti Krapfl, 1890 Audubon, Dubuque IA 52001, 1890 Audubon, Lot 37 Ro- sedale Add, $77.50, Weed cutting. US 20 Capacity Improvements Project – Phase II: City Manager recommending acceptance of the US 20 Capacity Improvements Project – Phase II, as completed by Voltmer, Inc. of De- corah, Iowa, in the final contract amount of $271,558.75. Upon motion the documents were re- ceived and filed and Resolution No. 229-08 Accepting 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) and authorizing payment of the contract amount to the contractor was adopted. RESOLUTION NO. 229-08 ACCEPTING THE US 20 (DEVON DRIVE TO MENARDS) CAPACITY IMPROVEMENTS PROJECT – PHASE II, TRAFFIC SIGNAL AND INTELLIGENT TRANSPORTATION SYS- TEM IMPROVEMENTS (STP-A-020-9(187)--22-31) AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the US 20 (Devon Drive to Menards) Capaci- ty Improvements Project – Phase II, Traffic Signal and Intelligent Transportation System Im- provements (STP-A-020-9(187)--22-31) (the Project) has been completed and the City Engi- neer 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 recom- mends that the Project be accepted; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the Iowa Clean Air Attainment Program (ICAAP--$154,000.00) and Fiber Optic Conduit – Private Subdi- visions & Miscellaneous Project ($117,558.75) appropriations for the contract amount of $271,558.75 less any retained percentage provided for therein as provided in Iowa Code chap- ter 573, and to pay such retainage only in accordance with the provisions of Iowa Code chap- ter 573. st Passed, approved and adopted this 21 day of July, 2008. Roy D. Buol, Mayor 6 Attest: Jeanne F. Schneider, CMC, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE US 20 (DEVON DRIVE TO MENARDS) CAPACITY IMPROVEMENTS PROJECT – PHASE II, TRAFFIC SIGNAL AND INTELLIGENT TRANSPORTATION SYSTEM IMPROVEMENTS (STP-A-020-9(187)-- 22-31) The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected 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), that the Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $565,661.26. th Dated this 17 day of July, 2008. Gus Psihoyos, City Engineer th Filed in the office of the City Clerk on the 17 day of July, 2008. Jeanne F. Schneider, CMC, City Clerk Raven Oaks Drive – Plat of Survey: City Manager recommending approval of a request from the Dubuque County Auditor for the platting of the balance of Raven Oaks Drive. Upon motion the documents were received and filed and Resolution No. 230-08 Approving plat of survey of Lot 4B of Raven Oaks No. 2 was adopted. RESOLUTION NO. 230-08 APPROVING PLAT OF SURVEY OF LOT 4B OF RAVEN OAKS NO. 2 Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat th dated 10 day of July, 2008 prepared by Buesing & Associates, describing a portion of Raven Oaks Drive as requested by the County; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: th Section 1. That the plat dated the 10 day of July, 2008 prepared by Buesing & Associates, 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. st Passed, approved and adopted this 21 day of July, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Iowa Department of Transportation: Communication from Nancy J. Richardson, Director – Iowa Department of Transportation, expressing appreciation to the City of Dubuque for assis- tance during the I-80 traffic detour through Dubuque. Upon motion the document was received and filed. nd Purchase of Property – 504 East 22 Street: City Manager recommending approval of the nd purchase of a residential rental dwelling at 504 East 22 Street as part of the acquisition pro- gram associated with the Bee Branch Creek Restoration Project. Upon motion the documents were received and filed and Resolution No.231-08 Approving the acquisition of real estate lo- nd cated at 504 East 22 Street in the City of Dubuque was adopted. 7 RESOLUTION NO 231-08 A RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE LOCATED AT 504 E 22ND STREET, IN THE CITY OF DUBUQUE WHEREAS, the City of Dubuque intends to acquire certain properties located in the area of the Bee Branch Creek Restoration Project for stormwater mitigation activities as recommended in the 2001 HDR “Drainage Basin Master Plan;” and WHEREAS, a purchase agreement has been finalized with the owner of the forty fifth prop- erty scheduled for acquisition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the City of Dubuque hereby approves the acquisition of the following legally described property: The Northerly 38 feet of the Southerly 99 feet of the Westerly Half of Lot 1 in L. Kniest’s Subdivision of part of Mineral Lot 314 in the City of Dubuque, Iowa, said premises fronting 38 nd feet on 22 Street and running back that width parallel with the southerly line of said lot 1 (said southerly line of said Lot 1, fronting on Kniest Street) a distance of 86 feet, according to the recorded Plat of said Addition. At the cost of Seventy-four thousand dollars ($74,000). Section 2. That the City of Dubuque be and is hereby authorized to accept a Quit Claim deed from the owner, conveying the owner’s interest to the City of Dubuque, Iowa for the here- in described real estate. Section 3. That the City Clerk be and she is hereby authorized and directed to cause said Quit Claim Deed to be recorded in the office of the Dubuque County Recorder, together with certified copy of the Resolution. Section 4. That the City Clerk be and she is hereby directed to forward a copy of this Reso- lution to the Dubuque County Assessor and the Dubuque County Auditor. st Passed, approved and adopted this 21 day of July, 2008. Roy D. Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk Purchase of Property – 2251 Elm Street: City Manager recommending approval of the pur- chase of a residential dwelling at 2251 Elm Street as part of the acquisition program asso- ciated with the Bee Branch Creek Restoration Project. Upon motion the documents were re- ceived and filed and Resolution No. 232-08 Approving the acquisition of real estate located at 2251 Elm Street in the City of Dubuque was adopted. RESOLUTION NO. 232-08 A RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE LOCATED AT 2251 ELM STREET, IN THE CITY OF DUBUQUE WHEREAS, the City of Dubuque intends to acquire certain properties located in the area of the Bee Branch Creek Restoration Project for stormwater mitigation activities as recommended in the 2001 HDR “Drainage Basin Master Plan;” and WHEREAS, a purchase agreement has been finalized with the owner of the forty second property scheduled for acquisition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the City of Dubuque hereby approves the acquisition of the following legally described property: 8 Lot 2 of the Subdivision of Lot 1 of the Subdivision of Lot 1 of the Subdivision of Lot 3; and Lot 2 of the Subdivision of Lot 4; and Lot 1 of the Subdivision of Lot 5; all of the Subdivision of Lot 103 in L.H. Langworthy’s Addition to Dubuque, in the City of Dubuque, Iowa, according to the recorded plat thereof, subject to easements of record. At the cost of Sixty-four thousand nine hundred dollars ($64,900). Section 2. That the City of Dubuque be and is hereby authorized to accept a Quit Claim deed from the owner, conveying the owner’s interest to the City of Dubuque, Iowa for the here- in described real estate. Section 3. That the City Clerk be and she is hereby authorized and directed to cause said Quit Claim Deed to be recorded in the office of the Dubuque County Recorder, together with certified copy of the Resolution. Section 4. That the City Clerk be and she is hereby directed to forward a copy of this Reso- lution to the Dubuque County Assessor and the Dubuque County Auditor. st Passed, approved and adopted this 21 day of July, 2008. Roy D. Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk Purchase of Property – 2120 Kniest Street: City Manager recommending approval of the purchase of a residential dwelling at 2120 Kniest Street as part of the acquisition program as- sociated with the Bee Branch Creek Restoration Project. Upon motion the documents were re- ceived and filed and Resolution No. 233-08 Approving the acquisition of real estate located at 2120 Kniest Street in the City of Dubuque was adopted. RESOLUTION NO. 233-08 A RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE LOCATED AT 2120 KNIEST STREET, IN THE CITY OF DUBUQUE WHEREAS, the City of Dubuque intends to acquire certain properties located in the area of the Bee Branch Creek Restoration Project for stormwater mitigation activities as recommended in the 2001 HDR “Drainage Basin Master Plan;” and WHEREAS, a purchase agreement has been finalized with the owner of the forty sixth property scheduled for acquisition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the City of Dubuque hereby approves the acquisition of the following legally described property: The Northwesterly 50 feet of Lot 2 in L. Kniest’s Subdivision of Part of Mineral Lot 314 in the City of Dubuque, Iowa according to the recorded plat thereof. At the cost of One Hundred Seven thousand five hundred dollars ($107,500). Section 2. That the City of Dubuque be and is hereby authorized to accept a Quit Claim deed from the owner, conveying the owner’s interest to the City of Dubuque, Iowa for the here- in described real estate. Section 3. That the City Clerk be and she is hereby authorized and directed to cause said Quit Claim Deed to be recorded in the office of the Dubuque County Recorder, together with certified copy of the Resolution. Section 4. That the City Clerk be and she is hereby directed to forward a copy of this Reso- lution to the Dubuque County Assessor and the Dubuque County Auditor. st Passed, approved and adopted this 21 day of July, 2008. Roy D. Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk 9 th Purchase of Property – 324 East 24 Street: City Manager recommending approval of the th purchase of a residential rental dwelling at 324 East 24 Street as part of the acquisition pro- gram associated with the Bee Branch Creek Restoration Project. Upon motion the documents were received and filed and Resolution No. 234-08 Approving the acquisition of real estate lo- th cated at 324 East 24 Street in the City of Dubuque was adopted. RESOLUTION NO. 234-08 A RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE LOCATED AT 324 E 24TH STREET, IN THE CITY OF DUBUQUE WHEREAS, the City of Dubuque intends to acquire certain properties located in the area of the Bee Branch Creek Restoration Project for stormwater mitigation activities as recommended in the 2001 HDR “Drainage Basin Master Plan;” and WHEREAS, a purchase agreement has been finalized with the owner of the forty third prop- erty scheduled for acquisition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the City of Dubuque hereby approves the acquisition of the following legally described property: Lot 2 of the Subdivision of part of Lot 1 of Lot 107 in L.H. Langworthy’s Addition to the City of Dubuque, Iowa according to the recorded Plat thereof. At the cost of Eighty-five thousand dollars ($85,000). Section 2. That the City of Dubuque be and is hereby authorized to accept a Quit Claim deed from the owner, conveying the owner’s interest to the City of Dubuque, Iowa for the here- in described real estate. Section 3. That the City Clerk be and she is hereby authorized and directed to cause said Quit Claim Deed to be recorded in the office of the Dubuque County Recorder, together with certified copy of the Resolution. Section 4. That the City Clerk be and she is hereby directed to forward a copy of this Reso- lution to the Dubuque County Assessor and the Dubuque County Auditor. st Passed, approved and adopted this 21 day of July, 2008. Roy D. Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk Purchase of Property – 2243 Prince Street: City Manager recommending approval of the purchase of a residential rental dwelling at 2243 Prince Street as part of the acquisition pro- gram associated with the Bee Branch Creek Restoration Project. Upon motion the documents were received and filed and Resolution No. 235-08 Approving the acquisition of real estate lo- cated at 2243 Prince Street in the City of Dubuque was adopted. RESOLUTION NO. 235-08 APPROVING THE ACQUISITION OF REAL ESTATE LOCATED AT 2243 PRINCE STREET, IN THE CITY OF DUBUQUE WHEREAS, the City of Dubuque intends to acquire certain properties located in the area of the Bee Branch Creek Restoration Project for stormwater mitigation activities as recommended in the 2001 HDR “Drainage Basin Master Plan;” and WHEREAS, a purchase agreement has been finalized with the owner of the forty fourth property scheduled for acquisition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- 10 BUQUE, IOWA: Section 1. That the City of Dubuque hereby approves the acquisition of the following legally described property: Lot 1 of Lot 50 in Sanford’s Subdivision; South one-half of Lot 51 in San- ford’s Subdivision; Lot 2 of Lot 3 of Lot 103 in L.H. Langworthy’s Addition, all in the City of Du- buque, Iowa according to the recorded plats thereof, together with and subject to easements of record. At the cost of Seventy-nine thousand dollars ($79,000). Section 2. That the City of Dubuque be and is hereby authorized to accept a Quit Claim deed from the owner, conveying the owner’s interest to the City of Dubuque, Iowa for the here- in described real estate. Section 3. That the City Clerk be and she is hereby authorized and directed to cause said Quit Claim Deed to be recorded in the office of the Dubuque County Recorder, together with certified copy of the Resolution. Section 4. That the City Clerk be and she is hereby directed to forward a copy of this Reso- lution to the Dubuque County Assessor and the Dubuque County Auditor. Passed, approved and adopted this 21st day of July, 2008. Roy D. Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk Jackson Park Bicycle Rack: Historic Preservation Commission recommending approval of the design of the custom-made bicycle rack in Jackson Park as submitted. Upon motion the documents were received, filed, and approved. Plat of Survey of Riedl Place: Zoning Advisory Commission recommending approval of the plat of survey of Riedl Place. Upon motion the documents were received and filed and Resolu- tion No. 236-08 Approving the plat of survey of Riedl Place in the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 236-08 A RESOLUTION APPROVING THE PLAT OF SURVEY RIEDL PLACE IN THE CITY OF DUBUQUE, IOWA. Whereas, there has been filed with the City Clerk a Plat of Survey Riedl Place in the City of Dubuque, Iowa; and; Whereas, said Plat of Survey provides 36 feet of lot frontage for Lot 2, where 50 feet of lot frontage is required by Section 42-19(b) of the Subdivision Regulations; and Whereas, the Plat of Survey has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said Plat of Survey has been examined by the City Council and they find that it conforms to the statutes and ordinances relating to it. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That Section 42-19(b) of the Subdivision Regulations is waived to allow Lot 2 to have 36 feet of lot frontage, where 50 feet of lot frontage is required. Section 2. That the Plat of Survey Riedl 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. st Passed, approved and adopted this 21 day of July 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 11 Water Meter Review and Testing Project: City Manager recommending approval of the se- lection of HDR to complete the Water Meter Review and Testing Project at a cost not to exceed $50,000. Upon motion the documents were received, filed, and approved. Delinquent Water, Sewer, Refuse and Stormwater Management Accounts: City Manager re- commending approval of the submission of the delinquent water, sewer, refuse and stormwater management collection accounts to the Dubuque County Treasurer in order to establish real property liens for collection of such past due accounts. Upon motion the documents were re- ceived and filed and Resolution No. 237-08 Adopting the Schedule of Assessments for delin- quent water, sewer, refuse and stormwater collection accounts and specifying the number of annual installments into which assessments are divided, the interest on all unpaid installments, the time when the assessments are payable and directing the Clerk to certify the schedule of assessments to the County Treasurer and to publish notice thereof was adopted. RESOLUTION NO. 237-08 ADOPTING THE SCHEDULE OF ASSESSMENTS FOR DELINQUENT WATER, SEWER, REFUSE AND STORMWATER COLLECTION ACCOUNTS SPECIFYING THE NUMBER OF ANNUAL INSTALLMENTS INTO WHICH ASSESSMENTS ARE DIVIDED, THE INTEREST ON ALL UNPAID INSTALLMENTS, THE TIME WHEN THE ASSESSMENTS ARE PAYABLE AND DIRECTING THE CLERK TO CERTIFY THE SCHEDULE OF ASSESSMENTS TO THE COUNTY TREASURER AND TO PUBLISH NOTICE THEREOF NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: That after full consideration of the Schedule of Assessments attached hereto for delinquent refuse, sewer and stormwater collection accounts which Schedule of Assessments was filed in the office of the City Clerk on the 14th day of July, 2008, the said Schedule of Assessments be and the same is hereby approved and adopted. That there be, and is herby assessed and levied as a special tax against and upon each of the lots, the respective sums indicated. That the City Clerk be and is hereby directed to certify said schedule to the County Treasur- er 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. On or before the date of the second publication of the notice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided and directed in Iowa Code § 384.60. The assessments may be paid in full or in part without interest at the office of the City Trea- th surer, City Hall, 50 W. 13 Street, Dubuque, Iowa, at any time within 30 days after the date of the first publication of the notice of the filing of the Schedule of Assessments with the County Treasurer. After 30 days, unpaid assessments of $100.00 or more are payable in 10 annual installments at the County Treasurer’s Office, Dubuque County Courthouse, 720 Central Ave- nue, Dubuque, Iowa, and will draw annual interest at nine (9) percent (commencing on the date of acceptance of the work) computed to December 1 next following the due dates of the respective installments as provided in Section 384.65 of the Code of Iowa. Each installment will be delinquent from October 1 following its due date on July 1 of each year. Property own- ers may elect to pay any annual installments semiannually in advance. Passed, approved and adopted this 21st day of July, 2008. Roy D. Buol, Mayor 12 Attest: Jeanne F. Schneider, CMC, City Clerk Schedule of Assessments Delinquent Water, Sewer, Refuse and Stormwater Management Accounts Property Owner, Address, Parcel Id, Property Description, Account Balance, Admin Fee, Total Jessica M Potter, 110 Peterson Dr Unit 15, Peosta, IA, 52068-9457, 1023408020, Lots 69, 70, 71 Voelker- Highlands, 1871 Glen Oak St, 223.26, 5.00, 228.26; Brian P Tedrow, 1876 Central Avenue, Dubuque IA, 52001-3609, 1024256001, N 26.5' - N 2/5 of City Lot 436, 1876 Central Ave #303, 375.02, 5.00, 380.02; Mary Wharton, 396 Klingenberg Terrace, Dubuque, IA, 52001-4432, 1013453018, S 1/2 Lot 32 Staffords Add, 2431 Windsor Av, 466.24, 5.00, 471.24; Bobbi / Brian O'Reilly, 360 S Grandview Avenue, Dubuque, IA, 52003-7227, 1026480006, Lot 16 Grandview Ave Heights Also E 1/2 Vac Alley Abutting Said Lot Grandview Ave Heights, 360 S Grandview Ave, 209.56, 5.00, 214.56; Michelle L Runde, 1270 Mount Pleasant Street, Dubuque IA, 52001-6140, 1026327008, Lot 23 O'Neills Sub No 3, 068 Gandolfo St, 428.40, 5.00, 433.40; Mark A Boland, 601 Tanzanite Drive, Dubuque IA, 52001-8883, 1002479016, Lot 1-1 Eme- rald Acres No 4, 601 Tanzanite Dr, 335.02, 5.00, 340.02; Edward G Harwick, 3573 County Road HHH, Cuba City WI, 53807-9741, 1024289012, Lot 283 East Dubuque Add, 1437 Maple St, 256.02, 5.00, 261.02; Theresa Etal Glasser, 23100 Leisure Lake Dr, Bernard, IA, 52032-9226, 1013437017, S 1/2 of Lot 40 Hooper's Add, 941 High Bluff St, 256.02, 5.00, 261.02; Wells Fargo Bank, One Home Campus, Des Moines IA, 50328, 1013336024, Lot 35 E Langworthys Add, 2500 Washington St, 256.02, 5.00, 261.02; Stacey S Riccio, 1783 Heeb Street, Dubuque IA, 52001-4465, 1024260007, Lot 2-7 of City Lot 675, 1783 Heeb St, 268.07, 5.00, 273.07; Dale P Kleinschrodt, 421 Kaufmann Avenue, Dubuque, IA, 52001-3221, 1024102030, W 1/2 Of Lot 3-143 L H Langworthy's Add, 421 Kaufmann Av, 208.17, 5.00, 213.17; Scotlyn Properties C/O Scott Runde, Scott Runde PO Box 704, Cuba City WI, 53807-0704, 1024403009, E 1/2-S 88'-E 1/2-S 2/5 Of City Lot 454 35-35 1/2 W 15th St, 35 W 15th St 1st, 319.66, 5.00, 324.66; Scotlyn Properties C/O Scott Runde, Scott Runde PO Box 704, Cuba City WI, 53807-0704, 1024403008, W 1/2-S 88'-E 1/2-S 2/5 Of City Lot 454 37-37 1/2 W 15th St, 37 W 15th St, 358.79, 5.00, 363.79; nd Agnes E Steines, 2444 W 32 Street, Dubuque IA, 52001-1506, 1000800040, Bal Of Lot 1- 1 Of Min Lot 382 For Ag Land See 10-15-252-002, 2444 W 32nd, 259.50, 5.00, 264.50; Randy S Weber, 210 Jones Street, Dubuque, IA, 52001-7615, 1025359002, Lot 4 Blk 4, Lot 5 Blk 4, Lot 6 Blk 4, Grandview Park Add, 535 S Grandview Av, 527.35, 5.00, 532.35; Jesse Rans, 125 Kayle Drive, Manchester, IA, 52057-1826, 1024177022, E 24' of Lot 22 Cox's Add, 2008 Foye St, 644.22, 5.00, 649.22; Daniel R Hubanks, 719 Ries Street, Dubuque, IA, 52001-2050, 1013410017, Lot 1-10-3 Geigers Sub, 719 Ries St, 617.50, 5.00, 622.50; James & Suzanne Callahan, PO Box 25, Worthington, IA, 52078-0025, 1013409010, Lot 25 Staffords Add, 2521 Windsor Av, 239.26, 5.00, 244.26; Auto & Truck Parts, 3000 Jackson Street, Dubuque IA, 52001-1904, 1013106007, Lots 2-7 & Lot 1-1-3-8 Of Min Lot 322, 3000 Jackson St, 1,538.57, 5.00, 1,543.57; Bill Finn, 2010 Shelby Street, Dubuque IA, 52001-4451, 1024134046, Lots 13 & 14 Marshs Add, 2010 Shelby St, 3,527.40, 5.00, 3,532.40; 13 Marshallese First Assembly Of, PO Box 758, Dubuque IA, 52004-0758, 1501326009, Lot 1 Nick Weber Place, 2155 Rockdale Rd, 1,291.08, 5.00, 1,296.08; Richard Fondell, 2513 White Street, Dubuque, IA, 52001-3314, 1013376017, Lot 2 of N 35' Of W 170' Of Lot 227 Davis Farm Add, 2513 White St, 1,446.99, 5.00, 1,451.99; Jerry L Gesie, 21384 Crystal Drive, Dubuque, IA, 52001-9758, 1024128001, Lot 1-130 L H Langs Add, 321 Valeria St, 701.72, 5.00, 706.72; Deutsche Bank National Trust, New Century Home, Irvine, Ca, 92612-8894, 1013358006, Lot 2 Valeria Langworthy Homestead, 475 Valeria St, 1,044.81, 5.00, 1,049.81; Citifinancial, Inc, 7467 New Ridge Road Ste 222, Hanover, Md, 21076-3139, 1026279013, Lot 16 T S Nairns Dubuque, 328 N Booth St, 645.91, 5.00, 650.91; Laura L Herrig, 1685 Glen Oak Street, Dubuque, IA, 52001-4223, 1023408030, Lot 55 & S 1/2 Of Lot 56 Voelker-Highlands, 1685 Glen Oak St, 119.97, 5.00, 124.97; Ryan R & Natasha C Ivanov, 1145 Rush Street, Dubuque IA, 52003-7555, 1024109008, Lot 26 & E 1/2 of 25 J P Schroeders Add, 625 Clarke Dr, 256.39, 5.00, 261.39; Key City Land Investments LLC, 3270 Dodge, Dubuque IA, 52003-5267, 1027327009, Lot 2-1-1-1-1 Bartels Center Grove Place, 3260 Dodge St, 1,419.85, 5.00, 1,424.85; Kristy Monahan-Smith, 2521 Stafford Street, Dubuque IA, 52001-2060, 1013410024, Lot 2- 1 & E 1/2 of 4-2 Geigers, 2521 Stafford St, 1,110.57, 5.00, 1,115.57; S Vance Delire, 1921 Madison, Dubuque IA, 52001-4444, 1024111014, Lot 114 Cox's Add, 565 Clarke Dr, 293.68, 5.00, 298.68; Mullett Enterprises LC, 14858 W Ridge Lane, Dubuque IA, 52003-8466, 1024338010, Lot 2- 1 of City Lot 667 1439-1441 Bluff St, 1439 Bluff St, 139.71, 5.00, 144.71; Mullett Enterprises LC, 14858 W Ridge Lane, Dubuque IA, 52003-8466, 1024338010, Lot 2- 1 of City Lot 667 1439-1441 Bluff St, 1441 Bluff St, 275.70, 5.00, 280.70; Robert F Demaio, 791 Nevada Street, Dubuque, IA, 52001-6468, 1027201009, Lot 360 Le- nox Add, 1679 Alpha Av, 519.10, 5.00, 524.10; Shaun R Schueler, 2537 Columbia Street, Dubuque, IA, 52001-2013, 1013407010, Lot 18 O Taylors Sub, 2537 Columbia St, 354.26, 5.00, 359.26; Jeff Voss, 2501 Washington Street, Dubuque IA, 52001-3347, 1013335041, S 36' Of Lot 34 E Langworthys, 2501 Washington St, 704.05, 5.00, 709.05; Thomas R Coffman, 640 W 5th Street, Dubuque IA, 52001-6613, 1025179005, E 52' Lot 1 - 2 Mattox Sub, 640 W 5th St, 254.28, 5.00, 259.28; Blas & Miriam H Chalas, PO Box 3181, Dubuque IA, 52004-3181, 1024129012, Lot 18 Tivo- li Add 2224-2226 Francis, 2222 Francis St, 325.53, 5.00, 330.53;; Carlos & Evelyn Nieves, 2905 North Nora, Chicago, Il, 60634-4723, 1013377011, Lot 7, Lot 2-6 & Lot 2-9 Dunn's Sub, 2539 Traut Ter #1, 578.59, 5.00, 583.59; Kirk L Anderson, PO Box 3245, Dubuque IA, 52004-3245, 1118179001, Lot 138 Hams Add, 1790 Garfield Ave, 669.38, 5.00, 674.38; Gary Bernhard, 1110 Roosevelt Street, Dubuque, IA, 52001-8334, 1012201003, Lot 4 Wer- singer Sub, 1110 Roosevelt St, 122.79, 5.00, 127.79; Gary Bernhard, 1100 Roosevelt Street, Dubuque, IA, 52001-8334, 1012201003, Lot 4 Wer- singer Sub, 1100 Roosevelt St, 310.47, 5.00, 315.47; J Foht, 723 Peru Road, Dubuque, IA, 52001-1271, 1012358007, Lot 20 Maple Leaf Add No 2, 723 Peru Rd, 310.72, 5.00, 315.72; Ricky J Hurst, 3975 Inwood Avenue, Dubuque, IA, 52001-8652, 1012177005, Lot 39 & 40 O'Neills North Dubuque Add, 3975 Inwood Av, 310.59, 5.00, 315.59; Michael J Schetgen, 3922 Inwood Avenue, Dubuque, IA, 52001-8630, 1012181001, Lots 53 & 54 O'Neills North Dubuque Add, 3922 Inwood Av, 310.49, 5.00, 315.49; Doug Wolfe, 2020 Rockdale Road, Dubuque, IA, 52003-8057, 1501178015, Lot 1 Jeanette 14 Sweeney Place, 2020 Rockdale Rd, 184.86, 5.00, 189.86; Shani K Smith, 16992 Northern Hills Drive, Dubuque IA, 52002-9734, 1021276007, Lot 7 Blk 12 Westchester Sub, 2216 Delmonaco Dr, 480.51, 5.00, 485.51; Marcel A Howard, 559 E Edwards Avenue, East Dundee, Il, 60118-1118, 1020260012, Lot 11 Blk 17 Sunnyslope Estates, 4914 Twilight Dr, 162.25, 5.00, 167.25; TOTALS, $25,658.30, $235.00, $25,893.30 Library Board of Trustees: Michael J. Shubatt submitting his resignation from the Library Board of Trustees. Motion by Jones to receive and file the document and accept the resigna- tion. Seconded by Connors. Jones thanked Mr. Shubatt for his service. Motion carried 6-0. Interim Application for Wireless Telecommunications Facilities: City Manager recommending approval of an interim application process for wireless telecommunications facilities (towers and co-located equipment) on City property throughout the community. Upon motion the doc- uments were received and filed and Resolution No. 238-08 Adopting an interim application process for wireless telecommunications facilities was adopted. RESOLUTION NO. 238-08 ADOPTING AN INTERIM APPLICATION PROCESS FOR WIRELESS TELECOMMUNICA- TIONS FACILITIES WHEREAS, by the enactment of the Telecommunications Act of 1996, there is anticipated continued substantial growth in the erection of wireless telecommunications facilities; and WHEREAS, there has been discussion concerning the construction and impact of such facil- ities within the City of Dubuque; and WHEREAS, there are significant shortcomings with respect to the Dubuque’s current regula- tory mechanism regarding wireless facilities, especially as regards the impact of the facilities on the community and controlling and minimizing such impact and assuring the safety of tow- ers and wireless facilities; and WHEREAS, the City Council wishes to implement, revise or replace such regulations to more effectively protect the health, safety and welfare of the community, and to remove or change certain sections pursuant to recent case law to assure the orderly development of wire- less technology in the community, including but not limited to the development of procedures governing the filing of an application, for reviewing and analyzing an application, and for grant- ing a permit to construct, modify and use wireless telecommunications facilities or other tall structures for the purpose of providing wireless communications services; and WHEREAS, a reasonable time for the City to complete its aforementioned review, and for the City to enact any required legislation resulting therefrom is deemed to be ninety (90) days from the date such local law enacting said Interim Application Process is adopted; and WHEREAS, the City has no pending formal applications for wireless telecommunications fa- cilities that it has formally accepted; and WHEREAS, this Interim Application Process is not meant to be prohibitive or exclusionary in nature, during the pendency of the adoption of the new/revised/updated regulations, applica- tions for a building permit, special use permit or site plan approval, or use variance or other necessary City approval for a monopole, lattice tower or other telecommunications antennae installations, including, but not limited to cellular/PCS antennae installations, shall be accepted and processed by the City. However, in initiating an application during the period of this Interim Application Process any applicant must submit an escrow deposit of $8,500.00 for consulting costs to assist the City in evaluating the application, and further, if a permit is issued it will be issued pursuant to any changes in the City Code and that any unexpended balance of the de- 15 posit shall promptly returned at the conclusion of the application process. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: There is hereby enacted a ninety (90) day Interim Application Process for the issuance of permits by the City of Dubuque on applications for the construction of wireless telecommunica- tions towers, facilities and related facilities. st Passed, approved and adopted this 21 day of July, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Liquor License Transfers: Request of the Dubuque County Historical Society to transfer their liquor license to 720 Central Avenue on July 24, 2008 and to 501 Bell Street on August 2, 2008. Upon motion the documents were received, filed, and approved. Liquor License Refund: Request of Mark Molo, Molo Oil Company, for a refund of the Class th B Beer Permit for the Big 10 Mart located at 9 and Central. Upon motion the document was received, filed, and approved. Liquor License Applications: City Manager recommending approval of annual liquor license renewals as submitted. Upon motion the documents were received and filed and Resolution No. 239-08 Granting the issuance of five renewal permits to sell cigarettes and cigarette pa- pers; Resolution No. 240-08 Granting the issuance of a Class “B” Beer Permit (14-Day Special Event) to Grand Harbor Resort; a Class “B” Beer Permit (5-Day Special Event) to Music n More; and a Class “C” Beer Permit to Sid’s Beverage, Oky Doky #14, Kwik Stop, Road Ran- gers #159, #160 and #161; and Resolution No. 241-08 Granting the issuance of a Class “C” Beer/Liquor License to Club Phoenix, Tri-State Golf Center, Knicker’s Saloon, Walnut Tap, House of China, and Eagles Club; and a Class “B” Wine Permit to Sid’s Beverage were adopted. RESOLUTION NO. 239-08 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the following having complied with the provisions of law relating to the sale of Ciga- rettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. 5 RENEWAL Easy Street Jason Winter 431 Rhomberg Avenue Hammerheads Bar/Billiards Hammerheads, Inc. 2095 Kerper Blvd Kalmes Breaktime Kalmes Brothers, LLC 1097 Jackson Street Knicker’s Saloon Curtis Gerhard 2186 Central Avenue Par Food Mart Sahajanand Enterprises 3200 Central Avenue st Passed, approved and adopted this 21 day of July, 2008 Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 240-08 Whereas, applications for Beer Permits have been submitted and filed to this Council for 16 approval and the same have been examined and approved: and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS “B” BEER PERMIT (14 DAY SPECIAL EVENT) Platinum Holding LLC Grand Harbor Resort 350 Bell Parking Lt/Grassy Area CLASS “B” BEER PERMIT (5 DAY SPECIAL EVENT) Music n More Music n More Town Clock Plaza CLASS “C” BEER PERMIT Sid’s Beverage Sid’s Beverage+(Sunday Sale) 2727 Dodge Street K-Chap Foods, Inc Oky Doky #14+(Sunday Sale) 1050 University Rainbo Oil Company Kwik Stop+(Sunday Sale) 2255 Kerper Blvd. Road Ranger LLC Road Ranger #159+(Sunday Sale) 2175 Central Avenue Road Ranger LLC Road Ranger #160+(Sunday Sale) 3270 Dodge Street Road Ranger LLC Road Ranger #161+(Sunday Sale) 4110 Dodge Street Passed, approved and adopted this 21st day of July, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 241-08 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State Laws and all City Ordinances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS “C” BEER/LIQUOR LICENSE W & B Properties LLC Club Phoenix 920 Main Street Teresa & Hairy, Inc. Tri-State Golf Center 1095 Cedar Cross Road +(Sunday/Outdoor Sale) Curtis Gerhard Knicker’s Saloon+(Sunday Sale) 2186 Central Avenue Craig Weiner Walnut Tap+(Sunday Sale) 709 University Avenue House of China House of China+(Sunday Sale) 170 JFK Road Eagles Club Eagle Club+(1 Day Outdoor Sale) 1175 Century Drive CLASS “B” WINE Sid’s Beverage Sid’s Beverage 2727 Dodge Street st Passed, approved and adopted this 21 day of July, 2008 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 indicated, and 17 direct the City Clerk to publish notice as prescribed by law. Seconded by Connors. Motion car- ried 6-0. Petrakis Field Turf Replacement Project: City Manager recommending initiation of the public bidding process for the Petrakis Field Turf Replacement Repair Project and that a public hear- ing be set for August 4, 2008 to consider approval of the plans and specifications, form of con- tract and estimated cost. Upon motion the documents were received and filed and Resolution No. 242-08 Preliminary approval of plans, specifications, form of contract, and estimated cost for the Petrakis Field Turf Replacement Project; Resolution No. 243-08 Setting date of hearing on the plans, specifications, form of contract, and estimated cost for the Petrakis Field Turf Replacement Project; and Resolution No. 244-08 Ordering bids for the Petrakis Field Turf Re- placement Project were adopted setting a public hearing for a meeting to commence at 6:30 p.m. on August 4, 2008 in the Historic Federal Building. RESOLUTION NO. 242-08 PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE PETRAKIS FIELD INFIELD TURF REPLACEMENT PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Petrakis Field Infield Turf Replacement Project, in the estimated amount of $190,000, are hereby preli- minarily approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 21st day of July, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 243-08 FIXING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATED COST FOR THE PETRAKIS FIELD INFIELD TURF REPLACE- MENT 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 Petrakis Field Infield Turf Replacement 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 DU- BUQUE, IOWA: That a public hearing will be held on the 4th day of August, 2008, at 6:30 p.m. in the Council Chambers, second floor of the Federal Building, 350 West 6th Street, Dubuque, Iowa, at which time interested persons may appear and be heard for or against the proposed plans and speci- fications, form of contract and estimated cost of said Project, and the City Clerk be and is he- reby directed to cause the attached notice of the time and place of such hearing to be pub- lished 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. Passed, adopted and approved this 21st day of July, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 18 RESOLUTION NO. 244-08 ORDERING THE ADVERTISEMENT FOR BIDS FOR THE PETRAKIS FIELD INFIELD TURF REPLACEMENT PROJECT NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Petrakis Field Infield Turf Replacement 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 ap- proved. That the City Clerk is hereby directed to advertise for bids for the construction of the im- provements herein provided, by publishing the attached Notice to Bidders to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be pub- lished more than twenty days but not more than forty-five days before the date for filing bids at 2:00 p.m. on the 19th day of August, 2008. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for final action at the City Council meeting to be held at 6:30 p.m. on the 2nd day of September, 2008, in the Council Chambers, second floor of the Federal Building, 350 West 6th Street, Dubuque, Iowa. Passed, adopted and approved this 21st day of July, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Dubuque Industrial Center West – Demolition and Grading Project: City Manager recom- mending initiation of the public bidding process for the Dubuque Industrial Center West – De- molition and Grading Project and that a public hearing be set for August 4, 2008 to consider approval of the plans and specifications, form of contract and estimated cost. Upon motion the documents were received and filed and Resolution No. 245-08 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing and ordering bids for the Dubuque Industrial Center West – Demolition and Grading Project was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on August 4, 2008 in the His- toric Federal Building. RESOLUTION NO. 245-08 DUBUQUE INDUSTRIAL CENTER WEST - NORTH SIEGERT FARM PROJECT PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICA- TIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTI- SEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the Dubuque In- dustrial Center West – North Siegert Farm Project, in the estimated amount $5,371,850.00, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspec- tion. th A public hearing will be held on the 4 day of August, 2008, at 6:30 p.m. in the Historic Fed- eral Building Council Chambers at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City 19 of Dubuque, Iowa, which notice shall be published not less than four days nor more than twen- ty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. The Dubuque Industrial Center West – North Siegert Project is hereby ordered to be adver- tised for bids for construction. The amount of the security to accompany each bid shall be in an amount which shall con- form to the provisions of the Notice to Bidders hereby approved. The City Clerk is hereby directed to advertise for bids for the construction of the improve- ments herein provided, by publishing the attached Notice to Bidders to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be pub- lished not less than four but not more than forty-five days before the date for filing bids before th 2:00 p.m. on the 6 day of August, 2008. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for final action at the public hearing at 6:30 th p.m. on the 18 day of August, 2008, in the Historic Federal Building Council Chambers th (second floor), 350 West 6 Street, Dubuque, Iowa. st Passed, adopted and approved this 21 day of July, 2008. 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 fol- lowing Boards/Commissions: Housing Commission: Three 3-year expired terms through August 17, 2011 (Terms of Hel- ling, Frommelt, Mozena). Applicants: Linda Frommelt, 140 N. Algona Street; William Helling, 4988 Red Violet Drive; Lynn Sutton, 876 Yale Court. Ms. Sutton spoke in support of her ap- pointment. Library Board of Trustees: One 4-year vacant term through July 1, 2011 (Term of Shubatt). Applicant: Matthew Seamer, 432 Summit Street. Mr. Seamer spoke in support of his appoint- ment. Appointments to the following Boards/Commissions: Civil Service Commission (Mayor Appointment): One 4-year vacant term through April 6, 2009 (Term of Duehr). Applicants: Joseph Link, 1290 Pamela Court; John Stevens, 2215 Gra- ham Circle; Daniel White, 2919 Elm Street. Upon City Council concurrence, Mayor Buol ap- pointed Dan White to a 4-year vacant term though April 6, 2009. Historic Preservation Commission (Cathedral Hill District Interim Representative): One 3- year vacant term through July 1, 2009 (Term of Coty). Applicant: Michael Knight, 205 Bluff Street. Motion by Connors to appoint Michael Knight to a 3-year vacant term through July 1, 2009. Seconded by Jones. Motion carried 6-0. Transit Board of Trustees: Two 3-year expired terms through July 30, 2011 (Terms of En- derson, Lightcap, Davidson). Applicants: George Enderson, Jr., 511 St. George Street; Joel Lightcap, 1985 Alta Vista Street. Motion by Connors to reappoint George Enderson, Jr. and Joel Lightcap to 3-year terms through July 30, 2011. Seconded by Lynch. Motion carried 6-0. Zoning Board of Adjustment: One 5-year vacant term through March 25, 2013 (Term of Urell). Applicant: Jeff Cremer, 919 ½ Bluff Street. Motion by Lynch to appoint Jeff Cremer to a 5-year vacant term through March 25, 2013. Seconded by Voetberg. Motion carried 6-0. PUBLIC HEARINGS 20 Upon motion the rules were suspended allowing anyone to address the City Council. 989 Langworthy Street – Request to Rezone: Proof of publication on notice of hearing to consider a request from Dr. William May to rezone property located at 989 Langworthy Street from R-2 Two-Family Residential District to OR Office Residential District and Zoning Advisory Commission recommending approval. Communication from Richard and Carol McGrane, 1019 Langworthy Street, in opposition to the proposed rezoning. Motion by Connors to receive and file the documents and that the requirement that a pro- posed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Jones. Motion carried 6-0. Motion by Connors for final consideration and passage of Ordinance No. 50-08 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassify- ing hereinafter described property located at 989 Langworthy from R-2 Two-Family Residential District to OR Office Residential/High Density Multi-Family Residential District. Seconded by Lynch. Dr. William May, 989 Langworthy Street, spoke in support of the rezoning stating that he was expanding his business, the area was mostly institutional, buffering would be provided, and an additional parking lot would be added. Planning Services Manager Laura Carstens pro- vided a staff report. Upon questioning, Resnick was informed that parking requirements are satisfactory, but that additional dentists could increase vehicle activity. Motion carried 6-0. OFFICIAL PUBLICATION ORDINANCE NO. 50-08 AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LO- CATED AT 989 LANGWORTHY FROM R-2 TWO-FAMILY RESIDENTIAL DISTRICT TO OR OFFICE RESIDENTIAL/HIGH DENSITY MULTI-FAMILY RESIDENTIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordin- ances is hereby amended by reclassifying the hereinafter-described property from R-2 Two- Family Residential District to OR Office Residential/High Density Multi-Family Residential, to wit: Lot 4 of Massey Height and Lot 2 of 2 of 2 of 2 of 9 of Mineral Lot 73, 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. st Passed, approved and adopted this 21 day of July, 2008. /s/ Roy D. Buol, Mayor Attest: /s/ Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 25 day of July, 2008 /s/ Jeanne F. Schneider, CMC, City Clerk Keymont Drive – Request to Rezone: Proof of publication on notice of hearing to consider a request from Charles Daoud to rezone property located east of Keymont Drive from R-1 Sin- gle-Family Residential District to R-2 Two-Family Residential District and Zoning Advisory Commission recommending approval. 21 Communication from the Stewart Family, 1815 Keyway Drive, in opposition to the proposed rezoning. Communication from Donna and Pat Smith, 1827 Key Way, in opposition to the proposed rezoning. Motion by Connors to receive and file the documents and that the requirement that a pro- posed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Jones. Motion failed 4-2. Charles Daoud, 396 Moore Heights, spoke in support of the rezoning stating that it will be a mix of residences with a uniform design. Mr. Daoud said he was committed to working with the neighbors and four acres will be dedicated to the City for park space. He is working with the City on pavers, trees, and traffic concerns. Planning Services Manager Laura Carstens pro- vided a staff report. Upon questioning by City Council, Mr. Daoud stated that there is no need for a second exit at this time and that the right-of-way would remain the same. With regard to the installation of sidewalks on one side only, this would be reviewed as part of the subdivision review process. Keith Steuer, 785 Boyer Street; Kyle Stewart, 1815 Keyway Street; Earl Alexander, 1834 Key Way; Robin Kennicker, 904 Lincoln Avenue; and Donna Smith, 1827 Key Way spoke in opposition to or about certain aspects of the project. Discussion included concerns over in- creased and restricted traffic, safety issues, drainage, curb and gutter improvements, the need for open green space, soil testing, project design, and the denial of the rezoning of this proper- ty in 1988. Connors stated that it was an exciting project and met the City Council’s sustainability goals and displayed best management practices. Jones questioned the City’s policy on not currently allowing drainage pavers and stated that the current R1 zoning still allows anyone to build. Lynch stated that he’d be more comfortable with the project if there was a second outlet for traffic. Voetberg stated that sidewalks are always an issue and the 1988 project was consider- ably denser. He was bothered by the cutting of trees for the current project. Resnick stated it was an interesting plan but was concerned by the density, traffic issues, and the many ques- tions about the project. Buol stated that this was the first real sustainable project to be brought before the City Council and that the traffic issues could be managed. Motion by Connors to consider the first reading of a proposed ordinance Amending Appen- dix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying he- reinafter described property located east of Keymont Drive from R-1 Single-Family Residential District to R-2 Two-Family Residential District. Seconded by Lynch. Motion carried 5-1 with Voetberg voting nay. Bluff Overlay District Ordinance: Proof of publication on notice of hearing to consider an amendment to Appendix A (the Zoning Ordinance) by adding new language establishing a Bluff Overlay District and Zoning Advisory Commission recommending denial. City Manager submitting information regarding reconstruction of structures within the Bluff Overlay District. Communication from David S. Hartig in support of the Bluff Overlay District Ordinance. Motion by Jones to receive and file the documents and concur with denial of a proposed or- dinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordin- ances by adding new language establishing a Bluff Overlay District. Seconded by Voetberg. Motion carried 6-0. The following citizens spoke in opposition to the proposed ordinance or expressed concerns over certain aspects of the measure: Attorney Davin Curtiss, representing Mark Falb of 770 Mt. Carmel Road and other Mt. Carmel Road property owners; Dr. Charles Winterwood, 1555 22 Montrose Terrace; Jim Schroeder, 515 Candlewick Court; Mike Klein, 3084 Eagle Point Drive ; Ed Tschiggfrie, 400 Julien Dubuque Drive; Bill Alfredo, 1155 Grove Terrace; Ron Smith, 1640 Justin Lane; Rod Tschiggfrie, 600 Sapphire Drive; Trent Marting, 390 Mississippi View Drive; and Mike Keegan, 500 Villa Street. Concerns included private property issues, projects already in progress, property devaluation, the affect on single-family properties vs. commercial and Planned Unit Development, repeats ordinances already in place The following citizens spoke in support of the proposed ordinance or expressed concerns over the need for some regulation: Ann Michalski, 1520 Altura Street; Bluffland Advisory Committee Member Robin Kennicker, 904 Lincoln Avenue; Bluffland Advisory Committee Member Dick Vorwald, 2921 Washington; Cinda Welu, 2609 Broadway Street; and Bluffland Advisory Committee Member Lou Oswald, 1080 Nowata Street. Concerns included the need for regulation considering the number of properties affected, insisting on appropriate develop- ment, and bluff land conservation as a community-wide issue. Many thanked the Bluffland Ad- visory Committee for their hard work on a difficult issue. Mayor Buol read a written statement from Council Member Braig into the record. Voetberg stated that the City was attacking a problem that didn’t exist and the plan wasn’t well thought out. Lynch stated that the Bluffland Advisory Committee did tremendous work, but the process went wrong somewhere. He further stated that compromise was missing from the process and questioned where the opposition was two years ago. Jones stated that he appreciated the hard work of the Committee, but noted that people get upset whenever the bluffs are damaged. He further stated that PUD’s are the most scrutinized of the City’s development activities. Connors stated that the end result should have been having a process in place to help development but the proposal before them was too burdensome. Resnick thanked the Committee for its hard work, and stated that he has confidence in residents regarding stewardship of their property. Buol concurred with Council’s comments stating that there are many ordinances already in place and suggested to those interested in saving the bluffs that they purchase property and place it in a conservancy. th 11 Street Steps and Grove Terrace Retaining Wall Repair Project: Proof of publication on notice of hearing to consider the plans and specifications, form of contract and estimated cost th for the 11 Street Steps and Grove Terrace Retaining Wall Repair Project and award of the contract to Portzen Construction, Inc. in the amount of $589,175.50, and City Manager re- commending approval. Motion by Lynch to receive and file the documents and adopt Resolu- tion No. 246-08 Approving plans, specifications, form of contract, and estimated cost, for the th 11 Street Steps and Grove Terrace Retaining Wall Repair Project; and Resolution No. 247-08 th Awarding contract for the 11 Street Steps and Grove Terrace Retaining Wall Repair Project to Portzen Construction, Inc. in the amount of $589,175.50 were adopted including a letter from the Historic Preservation Commission reviewing the project and recommending approval with the following conditions: the course work is horizontal, the proposed light fixture be centered in front of the tunnel, and the tunnel be up lighted. Seconded by Jones. Motion carried 6-0. RESOLUTION NO. 246-08 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED th COST FOR THE 11 STREET STEPS & GROVE TERRACE RETAINING WALL RECON- STRUCTION PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: th That the proposed plans, specifications, form of contract and estimated cost for the 11 Street Steps & Grove Terrace Retaining Wall Reconstruction Project, in the total estimated 23 amount $673,076.46, are hereby approved. st Passed, adopted and approved this 21 day of July, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 247-08 TH AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE 11 STREET STEPS & GROVE TERRACE RETAINING WALL RECONSTRUCTION PROJECT th Whereas, sealed proposals have been submitted by contractors for the 11 Street Steps & Grove Terrace Retaining Wall Reconstruction Project (the Project) pursuant to Resolution No. 222-08 and Notice to Bidders published in a newspaper published in the City of Dubuque, Iowa th on the 9 day of July, 2008. th Whereas, said sealed proposals were opened and read on the 16 day of July, 2008 and it has been determined that Insert Portzen Construction, Inc. of Dubuque, Iowa, with a bid in the amount of $589,175.50, is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: That a Public Improvement Contract for the Project is hereby awarded to Insert Contractor Name and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. st Passed, approved and adopted this 21 day of July, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Iowa Street Parking Ramp to NICC Building – Walkway Project: Proof of publication on no- tice of hearing to consider the plans and specifications, form of contract and estimated cost for the Iowa Street Parking Ramp to NICC Building – Walkway Project and City Manager recom- mending approval. Motion by Jones to receive and file the documents and adopt Resolution No. 248-08 Approving plans, specifications, form of contract, and estimated cost for the Iowa Street Parking Ramp to NICC Building – Walkway Project. Seconded by Connors. Motion car- ried 6-0. RESOLUTION NO. 248-08 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE IOWA STREET RAMP TO NICC BUILDING ELEVATED WALKWAY PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Iowa Street Ramp to NICC Building Elevated Walkway in the estimated amount of $72,691 plus en- gineering cost, are hereby approved. st Passed, adopted and approved this 21 day of July, 2008 Roy. D Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Upon motion the rules were reinstated limited discussion to the City Council ACTION ITEMS 24 Hirsch Claim Against the City of Dubuque: City Manager submitting information regarding the claim of Barb and Gerald Hirsch and the sanitary sewer lateral serving the Hirsch resi- rd dence at 757 West 3 Street. Motion by Connors to receive and file the documents and concur with denial of the claim. Seconded by Lynch. Motion carried 5-1 with Resnick voting nay. Mr. Hirsch spoke in support of approval of his claim and submitted additional photos of the area. Sale of City-Owned Property – 1126 White Street: City Manager recommending approval of the sale of property at 1126 White Street to Horsfall, Inc. for the purpose of its conversion to condominiums and resale to owner-occupants. Motion by Jones to receive and file the docu- ments and adopt Resolution No. 249-08 Approving the sale of real estate located at 1126 White Street in the City of Dubuque, Iowa. Seconded by Connors. Motion carried 6-0. RESOLUTION NO. 249-08 A RESOLUTION APPROVING THE SALE OF REAL ESTATE LOCATED AT 1126 WHITE STREET, IN THE CITY OF DUBUQUE, IOWA WHEREAS, the City acquired the property at 1126 White Street for the purpose of its rede- velopment and re-use for owner-occupied housing; and WHEREAS, such purpose supports the Washington Neighborhood revitalization strategy as approved by the City Council; and WHEREAS, a qualifying proposal has been received from Horsfall Inc. to accomplish these objectives. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the City of Dubuque hereby approves the acquisition of the following legally- described property: The South Middle One-fifth (1/5) of Out Lot 480 in the City of Dubuque, Iowa, according to the United States Commissioners Map thereof, at the cost of One dollar ($1.00.) Section 2. That the City of Dubuque be and is hereby authorized to provide a Special War- ranty Deed to the buyer, conveying the City’s interest to Horsfall Inc for the herein described real estate. Section 3. That the City Clerk be and she is hereby authorized and directed to case said Special Warranty Deed to be recorded in the Office of the Dubuque County Recorder, together with certified copy of the Resolution. Section 4. That the City Clerk be and she is hereby directed to forward a copy of this Reso- lution to the Dubuque County Assessor and the Dubuque County Auditor. st Passed, approved and adopted this 21 day of July, 2008. Roy D Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk Snow Route Parking Restriction System (Tabled on May 19, 2008): City Manager recom- mending revisions to Dubuque’s snow route parking restriction system as stipulated in Section 32-321.682 of the Code of Ordinances. Motion by Jones to remove from the table. Seconded by Connors. Motion carried 6-0. 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 meet- ing at which it is to be passed be suspended. Seconded by Lynch. Motion carried 6-0. Motion by Jones for final consideration and passage of Ordinance No. 51-08 Amending City of Dubu- que Code of Ordinances Section 32-321.682 Snow Route, Restricted Parking, by authorizing 25 the City Manager to issue a snow restricted parking declaration; and Ordinance No. 52-08 Amending City of Dubuque Code of Ordinances Section 32-321-621 Parking Violations – Fines to allow the first snow route restriction ticket of each winter issued to a vehicle to be voided if the owner of the vehicle registers their contract information with the Police Department. Seconded by Lynch. Motion carried 6-0. OFFICIAL PUBLICATION ORDINANCE NO. 51-08 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES SECTION 32-321.682 SNOW ROUTE, RESTRICTED PARKING, BY AUTHORIZING THE CITY MANAGER TO ISSUE A SNOW RESTRICTED PARKING DECLARATION. Section 1. City of Dubuque Code of Ordinances § 32-321.682 is amended to read as fol- lows: Sec. 32-321.682. Snow Route, Restricted Parking. . . . b) Declaration of Snow Route Restricted Parking. Whenever snow accumulations of three (3) inches or more occur, the City Manager shall have the authority to issue a snow restricted parking declaration. . . . (d) Parking Prohibited under Certain Conditions. After the time specified in the declaration of snow route restricted parking, it shall be unlawful for any person to obstruct the orderly plow- ing or removal of snow from the city's streets by parking or otherwise leaving unattended any vehicle upon any street designated as a snow route during the times set forth in subsection (e) of this Section. During the period of the declaration, the parking restrictions of this Section shall supersede all other parking regulations relating to the streets designated as snow routes. . . . Section 2. This Ordinance shall take effect on publication. st Passed, approved and adopted the 21 day of July, 2008. /s/ Roy D. Buol, Mayor Attest: /s/ Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 25 day of July, 2008 /s/ Jeanne F. Schneider, CMC, City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 52- 08 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES SECTION 32-321.621 PARKING VIOLATIONS – FINES TO ALLOW THE FIRST SNOW ROUTE RESTRICTION TICKET OF EACH WINTER ISSUED TO A VEHICLE TO BE VOIDED IF THE OWNER OF THE VEHICLE REGISTERS THEIR CONTACT INFORMATION WITH THE POLICE DEPARTMENT. Section 1. City of Dubuque Code of Ordinances § 32-321.621 is amended to read as fol- lows: Sec. 32-321.621 Parking Violations – Fines. . . . (5) Parking in violation of snow route restrictions, a fine of thirty dollars ($30.00) if paid with- in (30) calendar days of the date of the violation. If payment is not made within such thirty (30) calendar days, said fine shall be thirty-five dollars ($35.00). The first snow route restriction vi- olation of each winter season for a vehicle shall be voided if the owner of the vehicle registers their contact information with the Police Department. . . . 26 Section 2. This Ordinance shall take effect on publication. st Passed, approved and adopted the 21 day of July, 2008. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 25 day of July, 2008. /s/Jeanne F. Schneider, CMC, City Clerk Fiscal Year 2009 Dubuque County REAP Plan: City Manager recommending approval of the City of Dubuque’s update of the Fiscal Year 2009 Dubuque County REAP Plan, submittal of the Fiscal Year 2009 REAP grant application for installation of the Iowa 32 Bike/Hike Trail – Phase 2 Project, and appointment of a City Council representative (currently Council Member Joyce Connors) to the REAP Committee. Motion by Connors to receive and file the docu- ments, adopt Resolution No. 250-08 Authorizing a REAP Grant Application to the Iowa De- partment of Natural Resources for Phase 2 of the Iowa 32 Bike/Hike Trail, and reappointment of herself to the REAP Committee. Seconded by Voetberg. Motion carried 6-0. RESOLUTION NO. 250-08 RESOLUTION APPROVING THE SUBMITTAL OF AN APPLICATION FOR RESOURCE ENHANCEMENT AND PROTECTION (REAP) FUNDING TO THE IOWA DEPARTMENT OF NATURAL RESOURCES FOR PHASE 2 OF THE IOWA 32 BIKE/HIKE TRAIL. Whereas, the Iowa Department of Natural Resources has announced the availability of Re- source Enhancement and Protection (REAP) Funding; and Whereas, pedestrian and bicycle facilities are eligible activities for this funding; and Whereas, the City has adopted a Comprehensive Plan that identified a bike/pedestrian net- work that includes a trail along Iowa 32 (Northwest Arterial). NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. The Mayor is authorized to sign and submit this application to the Iowa Depart- ment of Natural Resources for Resource Enhancement and Protection (REAP) Funding for Phase 2 of the Iowa 32 Bike/Hike Trail. Section 2. That in the event said application is approved, the City Council hereby provides its written assurance that the completed project will be adequately maintained for its intended public use for a minimum of twenty (20) years following the project. Section 3. That the City of Dubuque agrees to abide by all local, state and federal require- ments applicable to the proposed budget. st Passed, approved and adopted this 21 day of July 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk CLOSED SESSION Motion by Jones at 9:50 p.m. to go into closed session regarding pending litigation and property acquisition pursuant to Chapter 21.5(1)(c)(j) of the 2007 Code of Iowa. Seconded by Lynch. Motion carried 6-0. Upon motion, the City Council reconvened in open session at 10:16 p.m. stating that they had given staff proper direction. There being no further business, upon motion the City Council adjourned at 10:17 p.m. Jeanne F. Schneider, CMC 27 City Clerk 28