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8 17 09 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 August 17, 2009 in the Historic Federal Building. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voetberg, City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a regular session of the City Council to act upon such business that may properly come before the City Council. Pledge of Allegiance Invocation was provided by Pastor Terry Bemis of Assembly of God Church. PROCLAMATIONS Irish Hooley Day (August 29, 2009) was accepted by Joe Blodgett, 256 Nevada Street; Tour de Dubuque Day (August 29, 2009) was accepted by Baird Sessions, 2145 Garfield Avenue. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Connors. Voetberg requested (#16) Automated Agenda Management Request for Proposals and (#27) Signed Contracts be held for separate discussion. Motion carried 7-0. Minutes and Reports Submitted: Cable TV Teleprogramming Commission of 5/12 and 7/7; City Council of 8/3; Civil Service Commission of 7/10; Library Board of Trustees of 5/28 and 6/25; Park and Recreation Commission of 7/14; Transit Board of Trustees of 5/14; Zoning Advisory Commission of 8/5 Proofs of publication of City Council Proceedings of July 9 and 20, 2009 Official Proceedings of the City Council for 2008 Upon motion the documents were received and filed. Notice of Claims/Suits: Linda Beau for vehicle damage; Progressive Northern Insurance Company (representing John L. Walker) for vehicle damage; Albert A. Weidenbacher for vehicle 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: Linda Beau for vehicle damage; Progressive Northern Insurance Company for vehicle damage; Jacob Schmitz for vehicle damage. Upon motion the documents were receive and filed and concurred. First Half of 2009 Weed Assessments: City Manager recommending approval of the levy of special assessments for the first half of the 2009 Weed Enforcement Program in the total amount of $1,067.50. Upon motion the documents were received and filed and Resolution No. 284-09 Adopting the schedule of assessments for the first half of the 2009 Weed/Garbage/Junk Enforcement Program 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. 284-09 ADOPTING THE SCHEDULE OF ASSESSMENTS FOR THE FIRST HALF OF THE 2009 WEED/GARBAGE/JUNK ENFORCEMENT PROGRAM 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 DUBUQUE, IOWA: That after full consideration of the Schedule of Assessments attached hereto for the First Half of the 2009 Weed/Garbage/Junk Enforcement Program which Schedule of Assessments th was filed in the office of the city Clerk on the 12 day of August, 2009, 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 Treasurer of Dubuque County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of which shall be not more than fifteen days from the date of filing of the final schedule. 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 th Treasurer, 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 Avenue, Dubuque, Iowa, and will draw annual interest at nine (9) percent (commencing on the date of acceptance of the work) computed to December 1 next following the due dates of the respective installments as provided in Section 384.65 of the Code of Iowa. Each installment will be delinquent from October 1 following its due date on July 1 of each year. Property owners may elect to pay any annual installments semiannually in advance. Passed, approved and adopted this 17th day of August, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk SCHEDULE OF ASSESSMENTS FOR THE FIRST HALF OF THE 2009 WEED/GARBAGE/JUNK ENFORCEMENT PROGRAM Property Address/Location, Owner, Legal Description, Assessment, Category Asbury Rd, 3102, Jonathan Slaght & MacKenzie Kass, 3102 Asbury Rd, Dubuque IA 52001, Lot 2-1 Giesel Highland Park, $77.50, Weed/grass cutting W Locust, 481, Carrie Sharkey & Derek Wong, 481 W Locust, Dubuque, IA 52001, Lot 7 & W 1/2 Lot 6 Coxs Add, $77.50, Weed/grass cutting 2 Tanzanite Dr, 760, Peter Eck, Equity Builders LLC, P O Box 208, Lake Zurich IL 60047- 0208, Lot 5 Emerald Acres # 1, $95.00, Weed/grass cutting Sapphire Circle, 640, Peter Eck, Equity Builders LLC, P O Box 208, Lake Zurich IL 60047- 0208, LOT 2-2 Emerald Acres No. 4, $60.00, Weed/grass cutting Ashton Place, 1610, Gerald J & Erin R Mayne, 410 S Harrison St., Lancaster WI 53813- 1903, Lot 293 Woodlawn Park Add, $77.50, Weed/grass cutting North Grandview, 1555, Timothy & Sandra Kohl, 1555 N Grandview, Dubuque IA 52001, Lot 93 Woodlawn Park Add, $77.50, Weed/grass cutting Clark Street, 439, Secretary of HUD, c/o Countrywide Home Loans Inc, 7105 Corporate Drive PTX-C-35, Plano TX 75024, W 43' of Lot 7 of E Pt of City Lot 682 & Lot 2-6 & Pt of City lot 682, $77.50, Weed/grass cutting Rhomberg, 1311, Freedom Development Co LLC, 2250 Kennedy Circle, # 7, Dubuque IA 52002, Lot 1-58 McCraney's 1st Add, $77.50, Weed/grass cutting Cooper Pl, 555, Stacey & Michael Killian, 555 Cooper Pl, Dubuque IA 52001, Lot 16 Cooper Hgts Add, $60.00, Weed/grass cutting Tanzanite Dr, lot next to 585, Peter Eck, Equity Builders LLC, P O Box 208, Lake Zurich IL 60047-0208, Lot 5 Emerald Acres # 4, $95.00, Weed/grass cutting Pine, 1331, Leonard Helbing, 1331 Pine, Dubuque IA 52001, W 1/2 65' Lot 208 East DBQ Add, $60.00, Weed/grass cutting W 3rd, 1815, Corey Bonner, 1815 W 3rd St, Dubuque IA 52001, Lots 13, 13A, 14 & 14A Hodges Sub # 2, $95.00, Weed/grass cutting Heeb, 1783, Shannon & Toby Dingbaum, 18567 Drexel St., Omaha NE 68135, Lot 2-7 of City Lot 675, $77.50, Weed/grass cutting Reis, 714, Charlie & Christina Ties, 2753 Broadway, Dubuque, IA 52001, Lot 3-4 Geigers Sub, $60.00, Weed/grass cutting DMASWA Comprehensive Solid Waste Management Plan Update: City Manager recommending approval of the Dubuque Metropolitan Area Solid Waste Agency’s 2009 Comprehensive Solid Waste Management Plan Update. Upon motion the documents were received and filed and Resolution No. 285-09 Adopting the Dubuque Metropolitan Area Solid Waste Agency’s 2009 Comprehensive Solid Waste Management Plan Update was adopted. RESOLUTIONNO.285-09 ADOPTING THE DUBUQUE METROPOLITAN AREA SOLID WASTE AGENCY’S COMPREHENSIVE SOLID WASTE MANAGEMENT PLAN UPDATE Whereas, Section 455B.302 of the Code of Iowa requires every city and county of this state to provide for the establishment and operation of a comprehensive solid waste reduction program consistent with the waste management hierarchy under section 455B.301A, and a sanitary disposal project for final disposal of solid waste by its residents; and Whereas, Section 455B.306(1) of the Code of Iowa requires that all cities and counties file with the Director of the Department of Natural Resources a comprehensive plan detailing the method by which the city or county will comply with the requirements of section 455B.302 to establish and implement a comprehensive solid waste reduction program for its residents; and Whereas, a proposed comprehensive plan, as described in section 455B.306 of the Code of Iowa has been prepared by the Dubuque Metropolitan Area Solid Waste Agency and Delaware County Solid Waste Disposal Commission at the direction of and with the participation of the City Council of the City of Dubuque, Iowa, which plan is entitled Comprehensive Plan Update and is dated September 1, 2009; and 3 Whereas, the City Council of the City of Dubuque, Iowa has determined that the adoption and implementation of the proposed comprehensive plan is in its best interest, with respect to satisfying its statutory duties. Now, therefore, it is hereby resolved by theCITY COUNCILof the CITY OF DUBUQUE, IOWA: 1. That the City Council of the City of Dubuque, Iowa does hereby approve and adopt the Comprehensive Plan update as its comprehensive solid waste reduction plan, provided that any changes in said plan hereafter proposed by the Agency or required by the Iowa Department of Natural Resources shall be subject to the approval of the City Council of the City of Dubuque, Iowa. 2. That the City council of the City of Dubuque, Iowa shall implement and participate in the programs set forth in the Comprehensive Plan Update. 3. That the Dubuque Metropolitan Area Solid Waste Agency is authorized to submit on behalf of the City Council of the City of Dubuque, Iowa the Comprehensive Plan Update to the Iowa Department of Natural Resources in satisfaction of Section 455B.306(1) of the Code of Iowa. Passed, adopted, and approved this 17th day of August, 2009 Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Civil Service Commission: Civil Service Commission submitting the certified list for the positions of Police Chief and Equipment Operator II. Upon motion the documents were received and filed and made a Matter of Record. August 6, 2009 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Police Chief was administered. We hereby certify that the individuals listed below have passed this written examination and that vacancy for this position should be made from this list and that the list is good for one (1) year from above date. POLICE CHIEF Craig Berte Todd Miller Michael Venema Michael Tupper Michael Thornley Jon Mark Fehlman Mark Dalsing Gerald Mines Justin Paul Thomas Sheehan Joseph Lager Respectfully submitted, /s/ Dan White /s/ James Schilling /s/ Betty Takes, Civil Service Commission 4 August 6, 2009 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Equipment Operator II was given on July 7, 2009. 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 two (2) years from above date. EQUIPMENT OPERATOR II Gary L. Valentine Robert J. Barry William P. Gansen Mark A. Meyer Tim Lattner Jim Powers Jerome Ben Brian J. Lochner Christian L. Kloft John Leytem Respectfully submitted, /s/ Dan White /s/ James Schilling /s/ Betty Takes, Civil Service Commission Fire Station No. 4 Door Replacement Project: City Manager recommending award of the public improvement contract for the Fire Station No. 4 Door Replacement Project to Portzen Construction in the amount of $58,900. Upon motion the documents were received and filed and Resolution No. 286-09 Awarding public improvement contract for the Fire Station No. 4 Door Replacement Project was adopted. RESOLUTION NO. 286-09 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE FIRE STATION NO. 4 DOOR MODIFICATIONS PROJECT Whereas, sealed proposals have been submitted by contractors for the Fire Station No. 4 Door Modifications Project (the Project) pursuant to Resolution No. 250-09 and Notice to Bidders published in a newspaper published in the City of Dubuque, Iowa on the 24th day of July, 2009. th Whereas, said sealed proposals were opened and read on the 7 day of August, 2009 and it has been determined that Portzen Construction of Dubuque, Iowa, with a bid in the amount of $58,900.00, is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a Public Improvement Contract for the Project is hereby awarded to Portzen Construction and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. Passed, approved and adopted this 17th day of August, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Iowa National Guard Training: City Manager recommending approval of a usage agreement with the Iowa National Guard allowing the Guard to do training at the former Roosevelt Park. Upon motion the documents were received, filed and approved. 5 Historic/Architectural Survey – Phase VI: City Manager recommending approval to submit a Certified Local Government (CLG) grant application in the amount of $19,000 for the Phase VI Intensive Architectural/Historic Survey and Evaluation. Upon motion the documents were receive, filed and approved. Four Mounds Illustrated Site Plan: City Manager recommending approval to submit a Certified Local Government (CLG) grant application in the amount of $9,700 for an Illustrated Site Plan for Four Mounds. Upon motion the documents were received, filed and approved. Community Development Block Grant Recovery (CDBG-R): City Manager recommending approval of a Community Development Block Grant Recovery grant agreement with the U.S. Department of Housing and Urban Development in the amount of $328,269 from the federal stimulus package. Upon motion the documents were received and filed and Resolution No. 287-09 Authorizing execution of a Community Development Block Grant Recovery grant agreement with the U.S. Department of Housing and Urban Development was adopted. RESOLUTION NO. 287-09 AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT RECOVERY (CDBG-R) GRANT AGREEMENT WITH THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. Whereas, the City of Dubuque has received funding from the U.S. Department of Housing and Urban Development (HUD) for the Community Development Block Grant Recovery (CDBG-R) grant ; and Whereas, the substantial amendment to the Fiscal Year 2008 Action Plan has been approved by the U.S. Department of Housing and Urban Development for the amount of $328,269; and Whereas, a grant agreement covering the activities proposed to be carried out with the Community Development Block Grant Recovery (CDBG-R) grant 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 DUBUQUE, IOWA: Section 1. That the Grant Agreement, authorized by the U.S. Department of Housing and Urban Development for the Community Development Block Grant Recovery (CDBG-R) grant to the City of Dubuque in the amount of $328,269 and identified as Grant Number B-09-MY- 19-0004 is hereby accepted. Section 2. That the Mayor of the City of Dubuque be and he is hereby authorized and directed to execute said Grant Agreement on behalf of the City of Dubuque, Iowa as per the grant requirements. th Passed, approved and adopted 17 day of August 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk PEG Capital Grant Expenditure: City Manager recommending approval of the Cable TV Tele-Programming Commission recommendations for funding from the Public, Educational, and Government (PEG) Capital Grant for Access Equipment and Facilities in the amount of $2,500 for Wahlert High School and $41,500 for Loras College. Upon motion the documents were received, filed and approved. 6 Bee Branch Creek Restoration Project: Assistant City Attorney Tim O’Brien recommending approval of the commencement of eminent domain proceedings to acquire the property located at 1553 Maple Street as part of the Bee Branch Creek Restoration Project. Upon motion the documents were received and filed and Resolution No. 288-09 Authorizing the commencement of eminent domain proceedings for the acquisition of certain real property owned by Milton Schwartz at 1553 Maple Street in Dubuque County, Iowa, for the Bee Branch Creek Restoration Project was adopted. RESOLUTION NO. 288-09 AUTHORIZING THE COMMENCEMENT OF EMINENT DOMAIN PROCEEDINGS FOR THE ACQUISITION OF CERTAIN REAL PROPERTY OWNED BY MILTON SCHWARTZ AT 1553 MAPLE STREET IN DUBUQUE COUNTY, IOWA, FOR THE BEE BRANCH CREEK RESTORATION PROJECT WHEREAS, the City of Dubuque (City) intends to acquire real property for Bee Branch Creek Restoration Project. The property, currently owned by Milton Schwartz (Owner), is legally described as follows (the Property): Northerly ½ of Lot 289 in East Dubuque No. 2, an Addition in the City of Dubuque, Iowa, according to the recorded plat thereof; and WHEREAS, the City Council finds that there is a reasonable expectation the City will be able to proceed with and complete the Bee Branch Creek Restoration Project, comply with all applicable standards and obtain the necessary permits; and WHEREAS, Iowa law requires that City must make a good faith effort to negotiate with Owner to purchase the Property before proceeding with condemnation; and WHEREAS, City caused an appraisal of the Property to be made and the appraised value of the Property is $62,000; and WHEREAS, City has made an offer to purchase the Property for not less than its fair market value; and WHEREAS, City has been unable after good faith negotiations to reach an agreement with Owner for the acquisition of the Property. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. The City Manager and the City Attorney are hereby authorized to commence eminent domain proceedings for the acquisition of the Property and to take such further action as may be necessary for the acquisition of the Property. th Passed, adopted and approved this 17 day of August, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 40 Main, LLC – Consent to Collateral Assignment of Development Agreement: City Manager recommending approval of the Consent to the Collateral Development Agreement between the City of Dubuque and 40 Main, LLC for purposes of financing this redevelopment project. Upon motion the documents were received, filed and approved. Cell Phone Service and Handsets – Request for Proposals: City Manager recommending approval of the issuance of a Request for Proposals for Cellular Phone Service and Handsets. Upon motion the documents were received, filed and approved. Automated Agenda Management – Request for Proposals: City Manager recommending approval of the issuance of a Request for Proposals for an Automated Agenda Management 7 System. Motion by Voetberg to receive and file the documents and approve the recommendation. Seconded by Connors. Motion carried 7-0. Bee Branch Floodwall Pumping Station Auxiliary Power Project: City Manager recommending acceptance of the Bee Branch Floodwall Pumping Station Auxiliary Power Project, as completed by A&G Electric, in the final contract amount of $338,758. Upon motion the documents were received and filed and Resolution No. 289-09 Accepting the Bee Branch Floodwall Pumping Station Auxiliary Power Project was adopted. RESOLUTION NO. 289-09 ACCEPTING THE BEE BRANCH FLOODWALL PUMPING STATION AUXILIARY POWER PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Bee Branch Floodwall Pumping Station Auxiliary Power Project (the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the General Fund (DRA Gaming) appropriation for the contract amount of $338,758.00 less any retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code chapter 573. Passed, approved and adopted this 17th day of August, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Letter of Support: City Manager submitting a letter of support for Interstate Power and Light Company’s effort to obtain partial funding from the American Recovery and Reinvestment Act for its Smart Grid initiatives. Upon motion the document was received and filed. Mediacom: Communication from Mediacom advising of a rate increase for Mediacom Online effective on or about September 7, 2009. Upon motion the document was received and filed. Wartburg Place – Conceptual Development Plan: Zoning Advisory Commission advising that the proposed changes to the adopted conceptual development plan for the 300 block of Wartburg Place do not represent a significant change. Upon motion the documents were received and filed. Brownfield/Grayfield Redevelopment Tax Credit Application – 40 Main, LLC: City Manager recommending approval for the City of Dubuque to sponsor a Brownfield/Grayfield Redevelopment Tax Credit Application to the Iowa Department of Economic Development on behalf of 40 Main, LLC. Upon motion the documents were received and filed and Resolution No. 290-09 Approving a Brownfield/Grayfield Redevelopment Tax Credit Application to the Iowa Department of Economic Development on behalf of 40 Main, LLC, was adopted. 8 RESOLUTION NO. 290-09 APPROVING A BROWNFIELD/GRAYFIELD REDEVELOPMENT TAX CREDIT APPLICATION TO THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT, ON BEHALF OF 40 MAIN, LLC. Whereas, the State of Iowa has established a Brownfield/Grayfield Tax Credit Program to assist in the redevelopment of Iowa brownfields and grayfields; and Whereas, the 40 Main building is located on a previous Brownfield site; and Whereas, the 40 Main project will provide much needed residential development to the downtown area; and Whereas, the City Council finds that the proposed application is acceptable and necessary to the growth and development of the city. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque agrees to sponsor the Brownfield/Grayfield Redevelopment Tax Credit Application on behalf of 40 Main, LLC. Section 2. That the Mayor is hereby authorized and directed to execute this Resolution on behalf of the City of Dubuque and forward the executed copy to the Iowa Department of Economic Development. th Passed, approved and adopted this 17 day of August, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Workers’ Compensation Settlement: City Manager recommending approval of the workers’ compensation settlement with Bret Stierman and authorization to make payment to Mr. Stierman in the amount of $35,592.60. Upon motion the documents were received, filed, and approved. Amendment to Collective Bargaining Agreement: City Manager recommending approval of an amendment to the collective bargaining agreement between the City of Dubuque and the International Union of Operating Engineers to provide for a work week that consists of ten hours per day and four days per week for full-time Public Safety Dispatchers. Upon motion the documents were received, filed, and approved. Office of the City Assessor: Communication from Richard A. Engelken, City Assessor, advising that a Notice of Appeal and Petition form has been filed with the Property Assessment Appeal Board for property located at 435 Kennedy Road. Upon motion the document was received and filed. Comprehensive Recycling Planning Task Force: Communication from Governor Chester J. Culver and Lt. Governor Patty Judge appointing Resource Management Coordinator Paul Schultz to the Comprehensive Recycling Planning Task Force. Upon motion the document was received and filed. University of Dubuque Fireworks Display: Communication from Jeffrey F. Bullock, President – University of Dubuque, requesting permission to display fireworks on Saturday, September 12, 2009. Upon motion the document was received, filed and approved. Signed Contracts: Google Products and Services and Eco Smart Building, PC. Motion by Voetberg to receive and file the documents. Seconded by Jones. Motion carried 7-0. 9 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. 291-09 Granting the issuance of a Class “B” Beer Permit to Riverfest Festival and a Class “C” Beer Permit to Dubuque Quick Stop Mart; Resolution No. 292-09 Granting the issuance of a Class “C” Beer/Liquor License to Lucky 13 Tap, Mississippi River Museum and Chances R; and Resolution No. 293-09 Granting the issuance of one new license to sell cigarettes and cigarette papers to Dubuque Quick Stop Mart were adopted. RESOLUTION NO. 291-09 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 Riverfest, Inc. Riverfest Festival +(Sunday Sale) Town Clock Plaza CLASS “C” BEER PERMIT Dubuque Quick Stop Mart Inc. Dubuque Quick Stop Mart 1401 Central Avenue +(Sunday Sale) Passed, approved and adopted this 17th day of August, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 292-09 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State Laws and all City Ordinances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS “C” BEER/LIQUOR LICENSE David Erickson Lucky 13 Tap+(Sunday Sales) 385 E. 13 th Street Dubuque County Historical Mississippi River Museum 350 Bell Street Society +(Sunday/Outdoor Sale) Donavon, Inc. Chances R+(Sunday/Outdoor Sale) 1046 Central Avenue Passed, approved and adopted this 17th day of August, 2009 Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 10 RESOLUTION NO. 293-09 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. NEW Dubuque Quick Stop Mart Inc. Dubuque Quick Stop Mart 1401 Central Avenue th Passed, approved and adopted this 17 day of August, 2009 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, adopt the resolutions, set the public hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Braig. Motion carried 7-0. 2009 Sewer Cured-in-Place Pipe (CIPP) Lining Project: City Manager recommending initiation of the bidding process for the 2009 Sewer Cured-in-Place Pipe (CIPP) Lining Project and further recommends that a public hearing be set for September 8, 2009. Upon motion the documents were received and filed and Resolution No. 294-09 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 for the 2009 Sewer Cured-in-Place Pipe (CIPP) Lining Project was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on September 8, 2009 in the Historic Federal Building. RESOLUTION NO. 294-09 2009 SEWER CIPP LINING 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 2009 Sewer CIPP Lining Project, in the estimated amount $182,716.60, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. th A public hearing will be held on the 8 day of September, 2009, at 6:30 p.m. in the Historic Federal 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 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. 11 The 2009 Sewer CIPP Lining 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 10 day of September, 2009. 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 6:30 p.m. on st the 21 day of September, 2009, in the Historic Federal Building Council Chambers (second th floor), 350 West 6 Street, Dubuque, Iowa. th Passed, adopted and approved this 17 day of August, 2009. 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 following Boards/Commissions: Airport Commission: Two 4-year terms through September 14, 2013 (Terms of Brotherton and Santillo). Applicants: Douglas Brotherton, 2823 Hickory Hill Street, and Michael Santillo, 2929 Kristen Court. Mr. Brotherton and Mr. Santillo spoke in support of their appointment. Housing Trust Fund Advisory Committee: One 3-years term through September 8, 2012 (At- Large term of Hingtgen). Applicant: Doris Hingtgen, 309 Hill Street. Ms. Hingtgen spoke in support of her appointment. Appointments to the following Boards/Commission: Housing Commission: Three 3-year term through August 17, 2012 (Terms of Culbertson, Holz and Kapler). Applicants: Dorothy Culbertson, 2095 University Avenue; Jim Holz, 2010 Indiana Court; and David Kapler, 827 Patricia Ann Drive. Motion by Braig to appoint Dorothy Culbertson, Jim Holz, and David Kapler to the Housing Commission for 3-year terms through August 17, 2012. Seconded by Connors. Motion carried 7-0. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone present to address the City Council. University of Dubuque – Amendment to ID Institutional District: Proof of publication on notice of public hearing to consider a request from James Steiner, University of Dubuque, to amend the University of Dubuque ID Institutional District boundary by adding existing residential properties. Communication from Julie Kay Schwendinger, 1845 Bennett Street, regarding the proposed rezoning. 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 passed be suspended. Seconded by Jones. Motion carried 7-0. Responding to questions from the City Council, Jim Steiner of the University of Dubuque, 2000 University Avenue, spoke in favor of including the 32 parcels. Steiner stated that the University 12 owns the parcels and parking issues have been addressed with the City, which includes 1,000 parking spaces within the campus for student parking. Dan McDonald of the Greater Dubuque Development Corporation, 300 Main Street, spoke in favor of the proposed amendment. Planning Services Manager Laura Carstens provided a staff report. Motion by Connors for final consideration and passage of Ordinance No. 41-09 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by amending the Institutional District boundaries for the University of Dubuque by rezoning the subject properties from R-1 Single-Family Residential District to ID Institutional District. Seconded by Jones. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 41-09 AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY AMENDING THE INSTITUTIONAL DISTRICT BOUNDARIES FOR THE UNIVERSITY OF DUBUQUE BY REZONING THE SUBJECT PROPERTIES FROM R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT TO ID INSTITUTIONAL 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 be amended by rezoning the subject parcels from R-1 Single-Family Residential District to ID Institutional District for property legally described to wit:. Lot 3 Bennett Street Subdivision, Lot 4, Bennett Street Subdivision, Lot 5 Bennett Street Subdivision, Lot 7, Bennett Street Subdivision, Lot 8 Bennett Street Subdivision, Lot 2-1-18 of Ann O’Hare’s Subdivision, Lot 18 Michel’s Subdivision, Lot 20 Quigley’s Subdivision, Lot 16 Michel’s Subdivision, Lot 2-19, Quigley’s Subdivision, Lot 1-19 Quigley’s Subdivision, Lot 6 Kuehnle Heights, Lot 8 & W 20’ of Lot 7 in Kuehnle Heights, E 30’ Lot 7 Kuehnle Heights, Lot 1-65 Finley Waples & Burton’s Add, Lot 5 East Street Subdivision, Lot 1-8 & Lot 2-8 East Street Subdivision, Lot 5 Kuehnle Heights, Lot 4 East Street Subdivision, Lot 1-2-53 Finley Waples & Burton’s & Lot 1 Kampman’s Subdivision, Lot 2-2-53 Finley Waples & Burton’s & Lot 2 Kampman’s Subdivision, Lot 5 Kampman’s Subdivision, Lot 1-53 Finley nd Waples & Burton’s Add, Lot 2 & Lot 2-1 both in Steffen’s Place & Lot 2 Steffen’s 2 Place, Lots 1 & 2 of Subdivision of 1 of 2 of Mineral Lot 156 & Lot A-2-2 of Mineral Lot 156, and to the center line of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. Institutional District Regulations. A. Use Regulations. The following regulations shall apply to all uses made of land in the above-described ID Institutional District: 1. Principal permitted uses shall be limited to: a. Offices for administrative personnel or other institutional employees and affiliates b. Churches, libraries, and museums c. Classrooms, laboratories, lecture halls, and similar places of institutional assembly d. Off-street parking and loading e. Recreational or athletic facilities for the primary use and benefit of institutional residents or affiliates f. Single-family, two family or multi-family dwellings for the housing of institutional residents or affiliates 13 2. Accessory Uses. The following uses shall be permitted as accessory uses in the above-described ID Institutional District: a. Located entirely within a principal building, bookstores, or bars seating not more than seventy-five (75) persons at one time and located not closer than two hundred feet (200') from the nearest Residential or Office Residential District. b. All uses customarily incidental to the principal permitted uses in conjunction with which such accessory uses operated or maintained, but not to include commercial use outside the principal building. 3. No conditional uses shall be allowed. B. Lot and Bulk Regulations. Development of the subject parcels shall be in accordance with the provisions of the ID Institutional District regulations. C. Parking Requirements The off-street parking requirements for the principal permitted uses for the herein described ID Institutional District shall be regulated as follows: 1. Any significant expansion or reduction in the number of off-street parking spaces must be reviewed by Planning Services staff for compliance with the adopted Institutional District regulations. D. Sign Regulations The sign regulations shall be the same as those allowed in the ID Institutional District as established in Section 4-3.11 of the Zoning Ordinance. E. Additional Standards That all previously approved conceptual development plans are still in effect and are not modified as part of this Ordinance. F. Transfer of Ownership Transfer of ownership or lease of property in this ID Institutional District shall include the transfer or lease agreement a provision that the purchaser or lessee acknowledges awareness of the conditions authorizing the establishment of the district. G. Modifications Any modification of this Ordinance must be approved by the City Council in accordance with zoning reclassification proceedings of Section 6 of the Zoning Ordinance. H. Recording A copy of this ordinance shall be recorded at the expense of the property owner(s) with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this reclassification approval within thirty (30) days of the adoption of this ordinance. This ordinance shall be binding upon the undersigned and all his/her heirs, successors and assignees. Section 3. That the foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 4. That the foregoing amendment shall take effect upon publication, as provided by law. th Passed, approved, and adopted this 17 day of August, 2009. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk nd Published officially in the Telegraph Herald Newspaper the 22 day of August, 2009. 14 /s/Jeanne F. Schneider, CMC, City Clerk Eagle Point Water Plant Vacuum Filter Project: Proof of publication on notice of public hearing to consider approval of the plans, specifications, form of contract and estimated cost for the Eagle Point Water Plant Vacuum Filter Project and City Manager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 295- 09 Approval of plans, specifications, form of contract, and estimated cost for the Eagle Point Water Plant Vacuum Filter Project. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 295-09 VACUUM FILTER BUILDING BACK-UP POWER SUPPLY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE EAGLE POINT WATER PLANT VACUUM FILTER BACK-UP POWER SUPPLY 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 Eagle Point Water Plant Vacuum Filter Building Back-up Power Supply, in the estimated amount of $103,430 are hereby approved. Passed, adopted and approved this 17th day of August, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Miller Road Water Main Extension Project: Proof of publication on notice of public hearing to consider approval of the plans, specifications, form of contract and estimated cost for the Miller Road Water Main Extension Project and City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 296-09 Approval of plans, specifications, form of contract, and estimated cost for the Miller Road Water Main Extension Project. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 296-09 MILLER ROAD WATER MAIN EXTENSION PROJECT APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE MILLER ROAD WATER MAIN EXTENSION 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 Miller Road Water Main Extension, in the estimated amount of $170,855.90, are hereby approved. Passed, adopted and approved this 17th day of August, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Highway 151 / 61 South Water Main Extension Project: Proof of publication on notice of public hearing to consider approval of the plans, specifications, form of contract and estimated cost for the Highway 151 / 61 South Water Main Extension Project and City Manager recommending approval. Motion by Voetberg to receive and file the documents and adopt Resolution No. 297-09 Approval of plans, specifications, form of contract, and estimated cost for the Highway 151 / 61 South Water Main Extension Project. Seconded by Resnick. Motion carried 7-0. 15 RESOLUTION NO. 297-09 HIGHWAY 61/151 WATER MAIN EXTENSION PROJECT APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE HIGHWAY 61/151 WATER MAIN EXTENSION 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 Highway 61/151 Water Main Extension, in the estimated amount of $200,000, are hereby approved. Passed, adopted and approved this 17th day of August, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Request to Address the City Council by Sgt. Lee Harlow André regarding the dog park. Mr. Andre, 1175 Highland Place spoke in support of keeping the Grandview Avenue Dog Park open as it requires a minimal operation cost and is enjoyed by hundreds of people. Motion by Lynch to receive and file. Seconded by Connors. Motion carried 7-0. Request to Address the City Council – Wehrspann: Two requests of Joan Wehrspann to address the City Council regarding various issues. This item was withdrawn from the agenda. Ordinance No. 7-09 – Correction to Legal Description: City Manager recommending approval of a correction to the legal description in Ordinance 7-09 for property located at the northeast corner of University and Nevada (Radio Dubuque). 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 passed be suspended. Seconded by Lynch. Motion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 42-09 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located near the northeast corner of University Avenue and Nevada Street from R-2 Two-family Residential District to OS Office Service District, with conditions, and rescinding Ordinance No. 7-09. Seconded by Lynch. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 42-09 AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED NEAR THE NORTHEAST CORNER OF UNIVERSITY AVENUE AND NEVADA STREET FROM R-2 TWO-FAMILY RESIDENTIAL DISTRICT TO OS OFFICE SERVICE DISTRICT, WITH CONDITIONS, AND RESCINDING ORDINANCE 7-09. 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 to OS Office Service District with conditions, and rescinding 16 Ordinance 7-09, to wit: Lot 1 of 1 of 1 of 1 of 1 of 1 of Slattery’s 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 this 17 day of August, 2009. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, City Clerk MEMORANDUM OF AGREEMENT Pursuant to the Iowa Code Section 414.5 (2007), and as an express condition of rezoning of the property described as: Lot 1 of 1 of 1 of 1 of 1 of 1 of Slattery’s Subdivision, and to the center line of the adjoining public right-of-way, all in the City of Dubuque, Iowa. which is the subject of Ordinance No. 42-09, a copy of which is attached hereto and incorporated herein by reference, the undersigned property owners, agree to the following conditions, all of which the property owner further agrees are reasonable and are imposed to satisfy public needs which are caused directly by the rezoning: A) Conditions 1) That the front yard setback along University Avenue be 20 feet. 2) That no vehicle access is permitted to University Avenue. B) Reclassification of the Subject Property. The City of Dubuque, Iowa may initiate zoning reclassification proceedings to the R-2 Two-Family Residential District (which rezoning will include the removal of the performance standards in Section A above) if the property owner fails to complete any of the conditions or provisions of this Agreement. C) Modifications. Any modifications of this Agreement shall be considered a zoning reclassification and shall be subject to the provisions of the Zoning Ordinance governing zoning reclassifications. All such modifications must be approved by the City Council of Dubuque, Iowa. D) Recording. A copy of this Agreement shall be recorded with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this rezoning approval within ten (10) days of the adoption of Ordinance No. 42-09. E) Construction. This Agreement shall be construed and interpreted as though it were part of Appendix A of the Code of Ordinances of the City of Dubuque, also known as the Zoning Ordinance of the City of Dubuque, Iowa. F) This Agreement shall be binding upon the undersigned and his/her heirs, successor and assignees. Acceptance of Ordinance No. 42-09 I, Tom Parsley, representing Radio Dubuque, Inc., property owner, having read the terms and conditions of the foregoing Ordinance No. 42 - 09 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. th Dated in Dubuque, Iowa this 17 day of August, 2009. /s/Tom Parsley 17 Acceptance of Ordinance No. 42-09 I, Dwayne Thoman, representing Nativity parish, property owner, having read the terms and conditions of the foregoing Ordinance No. 42-09 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. th Dated in Dubuque, Iowa this 17 day of August. 2009. /s/Dwayne Thoman th Published officially in the Telegraph Herald Newspaper the 18 day of September, 2009. /s/Jeanne F. Schneider, CMC, City Clerk Usage Agreement with Stone Cliff Winery: City Manager recommending approval of a usage agreement for a section of the Alliant Amphitheater to have weekly outdoor movies and jam sessions. Motion by Jones to receive and file the documents and approve the recommendation. Seconded by Jones. Responding to questions by City Council, Leisure Services Manager Gil Spence stated that the agreement will allow Stone Cliff Winery to reserve the space under the City’s regular 23-month reservation period with their primary usage on Tuesdays and Thursdays with no weekend reservations at this time. Motion carried 7-0. Agreement with the Dubuque Community School District: City Manager recommending approval of an agreement with the Dubuque Community School District allowing the Dubuque Building Trades On-Site Program (DBTOP) to renovate the Bridge Complex in Eagle Point Park. Motion by Jones to receive and file the documents and approve the recommendation. Seconded by Connors. Motion carried 7-0. E.B. Lyons Nature Center Expansion Project: City Manager recommending award of the public improvement contract for the E.B. Lyons Nature Center Expansion Project to Stumpf Construction in the amount of $1,229,367. Motion by Jones to receive and file the documents and adopt Resolution No. 298-09 Awarding public improvement contract for the E.B. Lyons Nature Center Expansion Project. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 298-09 AWARDING CONTRACT WHEREAS, sealed proposals have been submitted by contractors for the E.B. Lyons Nature Center Expansion Project pursuant to Resolution No. 231-09, and notice to bidders published in a newspaper published in the City of Dubuque, Iowa, on the 10th day of July, 2009. WHEREAS, said sealed proposals were opened and read on the 6th day of August, 2009, and it has been determined that the bid of Stumpf Construction in the amount of $1,229,367 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 Stumpf Construction, 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 17th day of August, 2009. Roy D. Buol, Mayor 18 Attest: Jeanne F. Schneider, City Clerk Iowa Jobs (I-JOBS) Application – Lower Bee Branch Creek Restoration Project: City Manager recommending approval to submit an application for I-JOBS funding in the amount of $7,000,000 for the Lower Bee Branch Creek Restoration Project. Motion by Connors to receive and file the documents and adopt Resolution No. 299-09 Authorizing the submittal of an application to the State of Iowa I-JOBS Grant Program for funding of the Lower Bee Branch Creek Restoration Project. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 299-09 AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE STATE OF IOWA I-JOBS GRANT PROGRAM FOR FUNDING OF THE LOWER BEE BRANCH CREEK RESTORATION PROJECT Whereas, in 1999 and again in 2002 and 2004, heavy rains produced flood damage spurring a Presidential Disaster Declarations for Dubuque County, and Whereas, the Lower Bee Branch Creek Restoration Project has been identified as one of a series of projects to provide relief from property damage due to flooding to 1,150 residents in the City of Dubuque, and Whereas, the City of Dubuque has expended $5,100,000 constructing the Carter Road nd detention Basin and the W. 32 Street Detention Basin to mitigate flood damage, and Whereas, the Lower Bee Branch Creek Restoration Project is required to provide further protection from property damage due to flooding, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the City Manager or his designee is hereby authorized to submit an application for I- JOBS grant funding for the Lower Bee Branch Creek Restoration Project. th Passed, approved and adopted this 17 day of August, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 1695 Garfield Retaining Wall Repair Project: City Manager recommending award of the public improvement contract for the 1695 Garfield Retaining Wall Repair Project to Top Grade Excavating in the amount of $48,603.49. Motion by Lynch to receive and file the documents and adopt Resolution No. 300-09 Awarding public improvement contract for the 1695 Garfield Retaining Wall Project. Seconded by Voetberg. Motion carried 7-0. RESOLUTION NO. 300-09 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE 1695 GARFIELD AVENUE RETAINING WALL REPAIR PROJECT Whereas, sealed proposals have been submitted by contractors for the 1695 Garfield Avenue Retaining Wall Repair Project (the Project) pursuant to Resolution No. 251-09 and th Notice to Bidders published in a newspaper published in the City of Dubuque, Iowa on the 24 day of July, 2009. th Whereas, said sealed proposals were opened and read on the 6 day of August, 2009 and it has been determined that Top Grade Excavating of Epworth, Iowa, with a bid in the amount of $48,603.49, is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 19 That a Public Improvement Contract for the Project is hereby awarded to Top Grade Excavating 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 17 day of August, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Historic Shot Tower Rehabilitation Project: City Manager recommending that all the competitive bid proposals received for the Historic Shot Tower Rehabilitation Project be rejected. Motion by Connors receive and file the documents and adopt Resolution No. 301-09 Rejecting all competitive bid proposals received for the Historic Shot Tower Rehabilitation Project – Phase I. Seconded by Voetberg. Motion carried 7-0. RESOLUTION NO. 301-09 REJECTING ALL COMPETITIVE BID PROPOSALS RECEIVED FOR THE HISTORIC SHOT TOWER REHABILITATION PROJECT - PHASE I Whereas, competitive sealed bid proposals have been submitted by contractors for the Historic Shot Tower Rehabilitation Project – Phase I (the Project) pursuant to Resolution No. 252-09 and Notice to Bidders published in a newspaper published in the City of Dubuque, Iowa th on the 24 day of July, 2009; and th Whereas, said competitive sealed bid proposals were opened and read on the 12 day of August, 2009; and Whereas, the City Council has deemed it advisable to reject all competitive sealed bid proposals the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. All of the competitive sealed bid proposals for the Historic Shot Tower Rehabilitation Project - Phase I are hereby rejected. Section 2. The City Clerk is authorized and instructed to return the bid deposits of the unsuccessful bidders for Historic Shot Tower Rehabilitation Project - Phase I. th Passed, approved and adopted this 17 day of August, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Code of Ordinances: City Manager recommending that the City of Dubuque Code of Ordinances be re-adopted in its entirety. 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 passed be suspended. Seconded by Jones. Motion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 43-09 Readopting the codification of all ordinances of the City of Dubuque, Iowa, of a general or public nature or imposing a fine or penalty including codes and maps adopted by reference, as the official Code of the City of Dubuque, Iowa, as provided for and pursuant to Chapter 380 of the Iowa Code; providing for the title and citation of the Code; repealing all ordinances and parts of ordinances of a general or public nature or imposing a fine or penalty, passed on or prior to May 4, 2009, except those not contained in said code or recognized and continued in force by reference therein; providing penalties for the violation of the several sections thereof; and prescribing the time when this ordinance shall be in full force and effect. Seconded by Lynch. Motion carried 7-0. 20 OFFICIAL PUBLICATION ORDINANCE 43-09 READOPTING THE CODIFICATION OF ALL ORDINANCES OF THE CITY OF DUBUQUE, IOWA, OF A GENERAL OR PUBLIC NATURE OR IMPOSING A FINE OR PENALTY INCLUDING CODES AND MAPS ADOPTED BY REFERENCE, AS THE OFFICIAL CODE OF THE CITY OF DUBUQUE, IOWA, AS PROVIDED FOR AND PURSUANT TO CHAPTER 380 OF THE IOWA CODE; PROVIDING FOR THE TITLE AND CITATION OF THE CODE; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES OF A GENERAL OR PUBLIC NATURE OR IMPOSING A FINE OR PENALTY, PASSED ON OR PRIOR TO MAY 4, 2009, EXCEPT THOSE NOT CONTAINED IN SAID CODE OR RECOGNIZED AND CONTINUED IN FORCE BY REFERENCE THEREIN; PROVIDING PENALTIES FOR THE VIOLATION OF THE SEVERAL SECTIONS THEREOF; AND PRESCRIBING THE TIME WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT Whereas, pursuant to Ordinance No. 3-07, adopted January 17, 2007, the City Council of the City of Dubuque, Iowa, readopted the City of Dubuque Code of Ordinances, with an effective date of January 22, 2007, as provided in Section 380.8 of the Iowa Code; and Whereas, the City Council has determined that the Code of Ordinances should be re- adopted, as edited and compiled, as provided in Section 380.8 of the Iowa Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Code of Ordinances Readopted. That the proposed Code of Ordinances of the City of Dubuque, Iowa printed by Sterling Codifiers, Inc., Coeur d'Alene, Idaho, heretofore filed in the Office of the City Clerk of the City of Dubuque, Iowa, consisting of Titles 1 through 16, and Appendix A, and including references to codes adopted by reference, a printed copy of which is attached hereto and incorporated herein by reference the same as if set out herein, is hereby adopted as the "Code of Ordinances, City of Dubuque, Iowa". Section 2. Ordinances Repealed. That all ordinances of the City of Dubuque, Iowa, of a general and permanent nature, enacted before May 4, 2009, and not contained in the Code of Ordinances or recognized and continued in force by reference therein are hereby repealed from and after the effective date of the Code of Ordinances, except as hereinafter provided. Section 3. Effect of Repeal; Ordinances Saved. That the repeal provided for in Section 2 hereof shall not affect any of the following: (a) Any offense or act committed or any penalty or forfeiture incurred or any contract or right established or accruing before the effective date of the Code of Ordinances; (b) Any ordinance promising or guaranteeing the payment of money to or from the City, or authorizing the issuance of any bonds or other evidence of indebtedness; (c) Any appropriation or budget ordinance; (d) Any ordinance establishing the compensation of any City officer or employee; (e) Any contract or obligation assumed by the City; (f) Any ordinance relating to the purchase, condemnation, acquisition or dedication of property for public use; (g) Any ordinance dedicating, establishing, opening, reopening, naming, renaming, widening, narrowing or vacating any street, boulevard, avenue, alley or other public way, including rights-of-way; (h) Any ordinance, establishing or changing the grade of any street, avenue, boulevard, traffic way or other public way; (i) Any ordinance authorizing, directing or otherwise relating to any public improvements; 21 (j) Any ordinance establishing or changing the limits of the City or pertaining to consolidations, annexations or exclusions; (k) Any ordinance levying general or special taxes or special assessments; (l) Any ordinance granting pensions for retired officers and employees; (m) Any ordinance granting any right, privilege, easement or franchise to any person, firm or corporation; (n) Any zoning ordinance, or amendment of the City's zoning map; (o) Any ordinance prescribing traffic regulations for specific streets or areas, such as ordinances designating one-way streets, arterial highways, through streets, stop intersections or intersections where traffic is to be controlled by signals, and ordinances prohibiting restriction, limiting or otherwise regulating the stopping, standing or parking of vehicles on specific streets or in specific areas; (p) Any ordinance establishing rates and charges for, or fees for connection to any utility service, not inconsistent with this Code; (q) Any ordinance which, by its own terms, expires after a specified time, or on the prescribed date; (r) The appointment of any board or commission member serving on the date of this Ordinance. The above enumeration of exceptions shall not be held or deemed to be exclusive, it being the purpose and intention of this Ordinance to exclude from repeal any and all ordinances not of a general nature. Section 4. Severability of Provisions. That each Title, and any and all Chapters of the Code of Ordinances hereby readopted, is independent of every other Title and Chapter thereof, and the invalidity of any other Title or Chapter thereof, shall not invalidate any other Title or Chapter thereof. Section 5. Official Copy. That the City Clerk shall attach to the official copy of the Code of Ordinances hereby readopted and attached hereto, the City Clerk's official certificate showing re-adoption and the effective date thereof, and shall retain the said copy and certificate on file in this office where copies of the same shall be subject to public inspection and for sale to the public. Section 6. Amendments. That any additions or amendments to the Code of Ordinances when passed as ordinances amending the Code of Ordinances and which indicate the intention of the Council to make the same a part hereof shall be deemed to be incorporated in the Code of Ordinances so that a reference to the Code of Ordinances, City of Dubuque, Iowa, shall be understood to include them. Section 7. General Penalty. That the doing of any act prohibited or declared to be unlawful or an offense by the Code of Ordinances, or the commission or failure to perform any act or duty required by the Code of Ordinances, shall be subject to the penalty prvided or authorized by the Code of Ordinances. The penalty herein provided for shall be cumulative with and in addition to the revocation, cancellation or forfeiture of any license or permit elsewhere in the Code of Ordinances provided for violation thereof or for civil penalties or violations of municipal ordinances. Section 8. Effective date. That this Ordinance consisting of Sections 1 through 8, inclusive, readopting the proposed Code of Ordinances of the City of Dubuque, Iowa, heretofore filed in the Office of the City Clerk of the City of Dubuque, Iowa, consisting of Titles 1 through 16 and Appendix A, and including codes adopted by reference and all Chapters, of the same, the same being designated as the "Code of Ordinances, City of Dubuque, Iowa", is in full force and effect from and after the passage and publication of this Ordinance, according to law, and the 22 "Code of Ordinances, City of Dubuque, Iowa", shall be in full force and effect from and after the publication of this Ordinance. th Passed, approved and adopted this 17 day of August, 2009. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk nd Published officially in the Telegraph Herald Newspaper the 22 day of August, 2009. /s/Jeanne F. Schneider, CMC, City Clerk IDED – City of Dubuque Agreement for IBM: City Manager recommending approval of an Agreement between the Iowa Department of Economic Development (IDED) and the City of Dubuque. Motion by Connors to receive and file the documents and adopt Resolution No. 302- 09 Approving an Agreement between the Iowa Department of Economic Development and the City of Dubuque. Seconded by Lynch. Motion carried 7-0 RESOLUTION NO. 302-09 APPROVING AN AGREEMENT BETWEEN THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT AND THE CITY OF DUBUQUE. Whereas, the City of Dubuque has previously approved an Incentive Agreement with IBM; and Whereas, the City of Dubuque has submitted an application to the Iowa Department of Economic Development for PIAP funding on behalf of IBM; and Whereas, the Iowa Department of Economic Development has prepared and submitted for City Council approval an agreement relating to IBM a copy of which is attached hereto and by this reference made a part hereof; and Whereas, the City Council finds that the proposed agreement is acceptable and necessary to the growth and development of the city. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Iowa Department of Economic Development Agreement is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute the Agreement on behalf of the City of Dubuque and forward the executed copy to the Iowa Department of Economic Development for their approval. th Passed, approved and adopted this 17 day of August, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk COUNCIL MEMBER REPORTS Jones reported that as a result of local media coverage, a contractor came forward to repair a collapsed private retaining wall, which was reported on at a past City Council meeting. 23 CLOSED SESSION Motion by Jones to go into closed session regarding pending litigation and property acquisition pursuant to Chapter 21.5(1)(c)(j) of the Code of Iowa. Seconded by Connors. Motion carried 7-0. Upon motion the City Council reconvened in open session at 7:39 p.m. stating that staff had been given proper direction. There being no further business, upon motion the City Council adjourned at 7:40 p.m. /s/Jeanne F. Schneider, CMC City Clerk 24