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Minutes_City Council Proceedings 9 8 09 Regular CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Council met in regular session at 6:30 p.m. on September 8, 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 Rex Raines of New Life Church. PROCLAMATIONS Assisted Living Week (September 13 – 19, 2009) was accepted by Sue Lemon, Sunset Park Place Retirement Community, 3730 Pennsylvania Avenue; 2010 Census Partnership was accepted by Planning Services Manager Laura Carstens; Shriners Hospitals for Children Day (September 19, 2009) was accepted by Council Member Ric Jones. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Jones. Motion carried 7-0. Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 6/23; City Council of 8/12, 8/17, 8/25 and 8/26; Civil Service Commission of 8/6; Housing Commission of 7/28; Housing Commission Trust Fund Committee of 5/28; Park and Recreation Commission of 8/11; Zoning Board of Adjustment of 8/27 Proof of publication of City Council Proceedings of August 3 and 12, 2009 Upon motion the documents were received and filed. Notice of Claims/Suits: Pamela Linn Schmitt for vehicle damage; Patricia and Lyle Galliart for property damage; David Willging for vehicle damage; John Ottavi for property damage; Cynthia A. McDermott for personal injury; Andy Rettenmeier for property damage on two occasions; Evelyn Maddux for personal injury; Molly Freiburger for vehicle damage; Karin Campbell 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: Andy Rettenmeier for property damage (two claims); Jacob Schmitz for vehicle damage; Albert Weidenbacher for vehicle damage; Cynthia A. McDermott for personal injury; Pamela Schmitt for vehicle damage; David Willging for vehicle damage. City Attorney recommending settlement of the claim of John Ottavi for property damage. Upon motion the documents were received, filed and concurred. Amendment to Collective Bargaining Agreement – Teamsters Local No. 120: City Manager recommending approval of an amendment to the collective bargaining agreement with Teamsters Local No. 120 regarding meal reimbursement. Upon motion the documents were received, filed, and approved. Plumbing Board: Michael Swift submitting his resignation from the Plumbing Board. Upon motion the document was received and filed and the resignation accepted. 2009 Justice Assistance Grant (JAG): City Manager recommending approval of the acceptance of the 2009 Justice Assistance Grant (JAG) in the amount of $87,467.00. Upon motion the documents were received, filed, and approved. Civil Service Commission: Civil Service Commission submitting the certified list for the position of Accountant. Upon motion the documents were received and filed and made a Matter of Record. Sign On Letter for Health Care Reform Legislation: City Manager recommending approval of a sign on letter to the U.S. Conference of Mayors calling on Congress to pass comprehensive health care reform legislation. Upon motion the document was received, filed, and approved. City of Dubuque Written Investment Policy: Communication from the Association of Public Treasurers of the United States and Canada advising that the City’s written investment policy is one of 21 municipal policies to be certified by the Association this year. Upon motion the document was received and filed. Iowa Great Places: Communication from Cyndi Pederson, Iowa Great Places, advising that the City’s grant application for the Millworking District Streetscape Project has been approved for a total grant of $150,000. Upon motion the document was received and filed. Iowa Mississippi River Parkway Commission: John E. Goodmann, Chairman, submitting the Iowa Mississippi River Parkway Commission 2008 / 2009 annual report. Upon motion the documents were received and filed. Letter of Support: City Manager recommending approval of a letter of support to the East Central Intergovernmental Association grant application to the Iowa Department of Economic Development to support Prosperity Eastern Iowa. Upon motion the documents were received, filed, and approved. Carnegie Stout Public Library: Communication from Mary Wegner, State Librarian, advising that the Carnegie Stout Public Library has met the conditions for Library Accreditation in the State of Iowa. 2008 Drain Tile Project: City Manager recommending acceptance of the 2008 Drain Tile Project (Melrose Terrace, Mineral Street and Deborah Drive), as completed by McDermott Excavating, in the final contract amounts of $29,390.88 for Melrose Terrace, $23,746.70 for Mineral Street, and $7,277.11 for Deborah Drive. Upon motion the documents were received and filed and Resolution No. 303-09 Accepting the 2008 Drain Tile Project (Melrose Terrace) and authorizing payment of the contract amount to the contractor; Resolution No. 304-09 Accepting the 2008 Drain Tile Project (Mineral Street) and authorizing payment of the contract 2 amount to the contractor; and Resolution No. 305-09 Accepting the 2008 Drain Tile Project (Deborah Drive) and authorizing payment of the contract amount to the contractor were adopted. St. Mary’s Street Retaining Wall Reconstruction Project: City Manager recommending acceptance of St. Mary’s Street Retaining Wall Reconstruction Project as completed by Tschiggfrie Excavating Company in the final contract amount of $271,428.59. Upon motion the documents were received and filed and Resolution No. 306-09 Accepting the St. Mary’s Street Retaining Wall Reconstruction Project and authorizing payment of the contract amount to the contractor was adopted. Pine Knoll Subdivision: City Manager recommending acceptance of the sanitary sewer and watermain improvements that the developer, Kane Development Corp., a/k/a Renaissance Construction Corp., has recently completed on Lot 1-1-3 St. Mary’s Place (also known as Pine Knoll Condominiums), with the condition that the City incurs no additional expense with regard to colored concrete. Upon motion the documents were received and filed and Resolution No. 307-09 Accepting sanitary sewer and watermain improvements in Lot 1-1-3 St. Mary’s Place in the City of Dubuque, Iowa (also known as Pine Knoll condominiums); Resolution No. 308-09 Accepting a Grant of Easement for sanitary sewer and water main improvements in Lot 1-1-3 St. Mary’s Place in the City of Dubuque were adopted. Dubuque Industrial Center West – North Siegert Farm: City Manager recommending acceptance of the sanitary sewer and watermain easements in the Dubuque Industrial Center West for the extension of said utilities with regard to the development of the North Siegert Farm. Upon motion the documents were received and filed and Resolution No. 309-09 Accepting a grant of an easement for sanitary sewer through, under and across a part of Lot A of Westbrook Subdivision in the City of Dubuque and Resolution No. 310-09 Accepting a grant of an easement for watermain through, under and across a part of Lot 1 of Lot 1 of Dubuque th Industrial Center West 5 Addition in the City of Dubuque were adopted. Town Clock Plaza Concrete Repair Project: City Manager recommending acceptance of the Town Clock Plaza Concrete Repair Project as completed by Eastern Iowa Excavating in the final contract amount of $13,730.20. Upon motion the documents were received and filed and Resolution No. 311-09 Accepting the Town Clock Plaza Concrete Repair Project and authorizing payment of the contract amount to the contractor was adopted. National Mississippi River Museum and Aquarium River Center, Phase I – Roof Replacement Project: City Manager recommending acceptance of the National Mississippi River Museum and Aquarium River Center, Phase I – Roof Replacement Project as completed by Geisler Brothers Company in the final contract amount of $41,765.00. Upon motion the documents were received and filed and Resolution No. 312-09 Accepting the National Mississippi River Museum and Aquarium River Center, Phase I – Roof Replacement Project and authorizing payment of the contract amount to the contractor was adopted. Historic Preservation Commission: Historic Preservation Commission recommending that the Roshek Building is eligible for nomination to the National Register of Historic Places. Upon motion the documents were received, filed, and concurred. 3 2010 Census New Construction Program: City Manager recommending approval of the appointment of Assistant Planner Guy Hemenway as the liaison for the U.S. Census Bureau’s 2010 Census New Construction Program. Upon motion the documents were received, filed, and approved. Preliminary Digitized Flood Insurance Rate Map (DFIRM): City Manager recommending approval of the transmittal of a letter from Mayor Buol to FEMA requesting revision of proposed floodplain boundary delineations or regulatory floodway boundaries in the preliminary DFIRM. Upon motion the documents were received, filed, and approved. Amendment to Development Agreement – Hotel Julien: City Manager recommending approval of the First Amendment to the Development Agreement for HJD Landlord, LLC and JHD Manager, LLC to support their rehabilitation of the Hotel Julien at 200 Main Street. Upon motion the documents were received and filed and Resolution No. 313-09 Approving the First Amendment to the HJD Landlord, LLC and HJD Manager, LLC Development Agreement was adopted. Hillcrest Family Services: City Manager recommending approval of a Parking License Agreement with Hillcrest Family Services, Inc. for thirty parking spaces in the Wilbright Lane parking lot in Flora Park. Upon motion the documents were received, filed, and approved. Acceptance of EPA Generation Green Grant Agreement: City Manager recommending acceptance of a Generation Green Grant Agreement with the U.S. Environmental Protection Agency. Upon motion the documents were received, filed, and approved. Fiscal Year 2010 Bond Projects: City Manager recommending approval of a Declaration of Official Intent to reimburse from bond proceeds for prior expenditures made for the Bee Branch Creek Restoration, Downtown Public Parking Ramp and Water Vacuum Filter Building Back- up Power Supply capital projects. Upon motion the documents were received and filed and Resolution No. 314-09 Declaring an official intent under Treasury Regulation 1.150-2 to issue debt to reimburse the City for certain original expenditures paid in connection with specified projects was adopted. Signed Contracts: A) Award Inspection and Engineering Services Contract for West Third Reservoir to IIW Engineers; B) Parking Ramp Soil Agreement between W.C. Stewart Construction Company and the City of Dubuque; C) Agreement for Services from Durrant Group for Grand River Center Projects; D) Eagle Point Park Erosion Control; and E) North Fork Catfish Creek Water Main Improvements. Upon motion the documents were received and filed. Liquor and Tobacco License Applications: City Manager recommending approval of annual liquor license renewals as submitted. Upon motion the documents were received and filed and Resolution No. 315-09 Granting the issuance of two renewals permits to sell cigarettes and cigarette papers to Hiba Petroleum and Walgreen Company; Resolution No. 316-09 Granting the issuance of a Class “C” Beer Permit to Holy Ghost Church, Eagle Country Market, Sid’s Beverage and Wal-Mart Supercenter; and Resolution No. 317-09 Granting the issuance of a Class “C” Beer/Liquor License to Carlos O’Kelly’s, Star Restaurant and Ultra Lounge, Los Aztecas Mexican Restaurant, Bandana’s Bar-B-Q and Fat Tuesday (1-Day Outdoor Sales); a Special Class “C” (BW) Liquor License to Tri-State Blind Society; a Class “B” Wine Permit to 4 Eagle Country Market, Sid’s Beverage and Wal-Mart Supercenter; a Class “B” (WBN) Native Wine Permit to Mandolin Inn and Casey’s General Store #2421; and a Special Class “C” (BW) Liquor License (5-Day Special Event) to Riverview Center (September 18 and 25, 2009) and Dubuque County Fine Arts Society (September 9, 25, 26 and October 1, 2009) were adopted. 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 Jones. Motion carried 7-0. 40 Main, LLC: City Manager recommending approval of four plats in connection with the proposed vacating and disposal of a portion of Jones Street and the adjacent alley north of Jones Street as requested by 40 Main, LLC. City Manager recommending that a public hearing be set for September 21, 2009 to consider the vacating of a portion of Jones Street and the adjacent alley north of Jones Street behind 42, 44 and 48 Main Street. City Manager recommending that a public hearing be set for September 21, 2009 to consider disposition of real estate by Real Estate Contract with 40 Main, LLC. Upon motion the documents were received and filed and Resolution No. 318-09 Approving plat of Lot 1A of the west half of Block 10 in Dubuque Harbor Company’s Addition; Resolution No. 319-09 Approving plat of Lot 10A of the west half of Block 1 in Dubuque Harbor Company’s Addition; Resolution No. 320-09 Approving plat of Lot 12A of the west half of Block 1 in Dubuque Harbor Company’s Addition; Resolution No. 321-09 Approving plat of Lot 17A of the west half of Block 1 in Dubuque Harbor Company’s Addition; Resolution No. 322-09 Resolution of intent to vacate Lot 1 of 10A, Lot 1 of 12A and Lot 1 of 17A all in the west half of Block 1 and Lot 1 of 1A in the west half of Block 10 in Dubuque Harbor Company’s Addition in the City of Dubuque, Dubuque County, Iowa; and Resolution No. 323-09 Resolution of intent to dispose of the City’s interest in Lot 1 of 10A, Lot 1 of 12A and Lot 1 of 17A all in the west half of Block 1 and Lot 1 of 1A in the west half of Block 10 in Dubuque Harbor Company’s Addition in the City of Dubuque, Dubuque County, Iowa, were adopted setting the public hearings for a meeting to commence at 6:30 p.m. on September 21, 2009 in the Historic Federal Building. West End Commercial Subdivision: City Manager recommending that a public hearing be set for September 21, 2009 to consider a request from Tschiggfrie Excavating Company to vacate and dispose of the final plat of West End Commercial Subdivision. Upon motion the documents were received and filed and Resolution No. 324-09 Resolution of intent to vacate the final plat of West End Commercial Subdivision and dispose of City interest in Lot A and Lot B in West End Commercial Subdivision in the City of Dubuque, Dubuque County, Iowa, was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on September 21, 2009 in the Historic Federal Building. Amended and Restated Greater Downtown Urban Renewal District: City Manager recommending that a public hearing be set for October 5, 2009 to consider a Resolution of Necessity for the Amended and Restated Greater Downtown Urban Renewal District. Upon motion the documents were received and filed and Resolution No. 325-09 Resolution of necessity finding that certain areas adjacent to the Greater Downtown Urban Renewal District meet the definition of a blighted area under the Urban Renewal Law, and that development of said areas is necessary in the interest of the residents of the City of Dubuque, Iowa, was 5 adopted setting a public hearing for a meeting to commence at 6:30 p.m. on October 5, 2009 in the Historic Federal Building. Fiscal Year 2010 First Budget Amendment: City Manager recommending that a public hearing be set for September 21, 2009 to consider approval of the first amendment to the Fiscal Year 2010 budget. Upon motion the documents were received and filed and Resolution No. 326-09 Setting the date for the public hearing on Amendment No. 1 to the Fiscal Year 2010 budget for the City of Dubuque was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on September 21, 2009 in the Historic Federal Building. General Obligation Bonds: City Manager recommending that a public hearing be set for September 21, 2009 to consider approval of the issuance of not to exceed $3,000,000 General Obligation Bonds to be used for various projects. Upon motion the documents were received and filed and Resolution No. 327-09 Fixing date for a meeting on the proposition of the issuance of not to exceed $3,000,000 General Obligation Bonds, Series 2009 (for essential corporate purposes) of the City of Dubuque, Iowa, and providing for publication of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on September 21, 2009 in the Historic Federal Building. General Obligation Urban Renewal Bonds: City Manager recommending that a public hearing be set for September 21 2009 to consider approval of the issuance of not to exceed $13,500,000 General Obligation Urban Renewal Bonds for costs associated with the construction of a multi-story public parking ramp located at 5th and Bluff Streets, and the construction of street, sewer, sidewalk, trail and other public infrastructure improvements within Dubuque Industrial Center West. Upon motion the documents were received and filed and Resolution No. 328-09 Fixing date for a meeting on the proposition of the issuance of not to exceed $13,500,000 General Obligation Urban Renewal Bonds, Series 2009 of the City of Dubuque, Iowa, and providing for publication of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on September 21, 2009 in the Historic Federal Building. General Obligation Refunding Bonds: City Manager recommending that a public hearing be set for September 21, 2009 to consider approval of the issuance of not to exceed $9,500,000 General Obligation Refunding Bonds to pay costs of refunding and refinancing of certain City indebtedness. Upon motion the documents were received and filed and Resolution No. 329-09 Fixing date for a meeting on the proposition of the issuance of not to exceed $9,500,000 General Obligation Refunding Bonds, Series 2009 (for an essential corporate purpose) of the City of Dubuque, Iowa, and providing for publication of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on September 21, 2009 in the Historic Federal Building. Port of Dubuque Parking Ramp Concrete Crack Repair Project: City Manager recommending initiation of the bidding process for the Port of Dubuque Parking Ramp Concrete Crack Repair Project and further recommends that a public hearing be set for September 21, 2009. Upon motion the documents were received and filed and Resolution No. 330-09 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 Port of Dubuque Parking ramp Concrete Crack 6 Repair Project was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on September 21, 2009 in the Historic Federal Building. Heeb Street Retaining Wall Reconstruction Project: City Manager recommending initiation of the bidding process for the Heeb Street Retaining Wall Reconstruction Project and further recommends that a public hearing be set for September 21, 2009. Upon motion the documents were received and filed and Resolution No. 331-09 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 Heeb Street Retaining Wall Reconstruction Project was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on September 21, 2009 in the Historic Federal Building. thth Traffic Signal Mastarm Retrofit – Central Avenue at 5 and 7 Streets Project: City Manager recommending initiation of the bidding process for the Traffic Signal Mastarm Retrofit – Central thth Avenue at 5 and 7 Streets Project and further recommends that a public hearing be set for September 21, 2009. Upon motion the documents were received and filed and Resolution No. 332-09 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 Traffic Signal Mastarm Retrofit – Central thth Avenue at 5 and 7 Streets Project was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on September 21, 2009 in the Historic Federal Building. Salt Dome Conveyor Project: City Manager recommending initiation of the bidding process for the Salt Dome Conveyor Project and further recommends that a public hearing be set for September 21, 2009. Upon motion the documents were received and filed and Resolution No. 333-09 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 Salt Dome Conveyor Project was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on September 21, 2009 in the Historic Federal Building. BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Board/Commission: Environmental Stewardship Advisory Commission. One 3-year term through October 1, 2012 (Term of Gayle (Gross) Walter). Applicant: Gayle (Gross) Walter, 1650 Alicia Street. Appointments to 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. Motion by Braig to appoint Douglas Brotherton and Michael Santillo to the Airport Commission for 4-year terms through September 14, 2013. Seconded by Connors. Motion carried 7-0. Housing Trust Fund Advisory Committee: One 3-year term through September 8, 2012 (At- Large term of Hingtgen). Requires experience in real estate, banking, finance, accounting, fund management or other related areas of expertise. Applicant: Doris Hingtgen, 309 Hill Street. Motion by Lynch to appoint Doris Hingtgen to the Housing Trust Fund Advisory 7 Committee for a 3-year term through September 8, 2012. Seconded by Connors. Motion carried 7-0. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone present to address the City Council. Storm Water Utility Revenue Capital Loan Notes: Proof of publication on notice of public hearing to consider the issuance of not to exceed $1,000,000 Storm Water Utility Revenue Capital Loan Notes and City Manager recommending approval. Motion by Jones to receive and file the documents and adopt Resolution No. 334-09 Instituting proceedings to take additional action for the authorization of a Loan and Disbursement Agreement and the issuance of not to exceed $1,000,000 Storm Water Utility Revenue Capital Loan Notes. Seconded by Connors. Motion carried 7-0. 2009 Sewer Cured-in-Place Pipe (CIPP) Lining Project: Proof of publication on notice of public hearing to consider the plans, specifications, form of contract and estimated cost for the 2009 Sewer Cured-in-Place Pipe (CIPP) Lining Project and City Manager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 335- 09 Approving plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost for the 2009 Sewer Cured-in-Place Pipe (CIPP) Lining Project. Seconded by Voetberg. City Engineer Gus Psihoyos provided an explanation of the project. Motion carried 7-0. Upon motion the rules were suspended limited discussion to the City Council. ACTION ITEMS Proudly Accessible Dubuque: Katrina Wilberding to present certificates to the City for the designation of City Hall, City Hall Annex and Historic Federal Building as Proudly Accessible Dubuque buildings. Motion by Connors to receive and file the documents. Seconded by Voetberg. Katrina Wilberding, 3715 Asbury Road, provided an overview of the history and goals of Proudly Accessible Dubuque and presented certificates for City Hall, City Hall Annex, and the Historic Federal Building for achieving the status of a Proudly Accessible business. Motion carried 7-0. Request to Address the City Council: Request of Kathy Bitter, 1460 Miller Road, requesting to address the City Council regarding three issues. Motion by Lynch to receive and file. Seconded by Resnick. Ms. Bitter addressed the City Council regarding a water connection, street repair, and installation of a guard rail on Miller Road. Motion carried 7-0. Dubuque County Historical Society / National Mississippi River Museum and Aquarium: Request of Jerry Enzler, Executive Director, requesting on behalf of the Board of Directors of the Dubuque County Historical Society, to lease land along the north shore of the Ice Harbor between the existing National Mississippi River Museum and Aquarium and the Great River Center. Motion by Jones to receive and file and refer to the City Manager. Seconded by rd Connors. Mr. Enzler, 350 E. 3 Street, addressed the City Council and explained the request. Motion carried 7-0. 8 Census 2010 Complete Count Committee: City Manager recommending approval of the formation of the Census 2010 Complete Count Committee, designation of the Mayor or appointment of a City Council Member as the Complete Count Committee Chair, and authorize staff to submit Census 2010 Partnership Agreement forms for both the City of Dubuque and the Complete Count Committee. Motion by Connors to receive and file the documents, adopt Affirming the City of Dubuque’s support of and partnership with Resolution No. 336-09 the 2010 Census and appoint Mayor Buol as representative. Seconded by Lynch. Motion carried 7-0. Sidewalk Ordinance: City Manager recommending approval of an amendment to the City of Dubuque Code of Ordinances, Title 10, Public Ways and Property, Chapter 10-1-2, Sidewalk Installation and Repair, to clarify the criteria for required sidewalk installation. Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Connors. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 44-09 Amending Title 10, Public Ways and Property, of the City of Dubuque Code of Ordinances by repealing Chapter 10-1-2, Sidewalk Installation and Repair, and adopting a new Chapter 10-1-2. Seconded by Connors. Motion carried 7-0. Smoke Detection Ordinance: City Manager recommending approval of an ordinance provision related to smoke detection which was inadvertently left out of the most recent Code of Ordinance update from Sterling Codifiers. Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Voetberg. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 45-09 Amending the City of Dubuque Code of Ordinances Section 6-9-6 Smoke Detection by adding a new provision which requires smoke detectors be installed during substantial reconstruction or remodeling of a building which has both commercial and residential uses. Seconded by Voetberg. Motion carried 7-0. Eagle Point Water Plant Vacuum Filter Project: City Manager recommending award of the public improvement contract for the Eagle Point Water Plant Vacuum Filter Project to Morse Electric, Inc., in the amount of $64,410.00. Motion by Lynch to receive and file the documents and adopt Resolution No. 337-09 Awarding contract for the Eagle Point Water Plant Vacuum Filter Project. Seconded by Jones. Motion carried 7-0. Miller Road Water Main Extension Project: City Manager recommending award of the public improvement contract for the Miller Road Water Main Extension Project to McClain Excavating in the amount of $109,505.50. Motion by Lynch to receive and file the documents and adopt Resolution No. 338-09 Awarding contract for the Miller Road Water Main Extension Project. Seconded by Resnick. Motion carried 7-0. Highway 151 / 61 South Water Main Extension Project: City Manager recommending award of the public improvement contract for the Highway 151 / 61 South Water Main Extension Project to McClain Excavating in the amount of $115,908.45. Motion by Connors to receive and file the documents and adopt Resolution No. 339-09 Awarding contract for the Highway 151 / 61 South Water Main Extension Project. Seconded by Voetberg. Motion carried 7-0. 9 COUNCIL MEMBER REPORTS City Council Member Connors discussed the recent violence which occurred in the Washington Street Neighborhood and the need to quickly address the problem and seek solutions. Consensus was reached in directing the City Manager and City Staff to put together criteria for the formation of a task force similar to the “Gangs, Drugs and Youth Violence” task force from several years ago. It was further directed that the task force should include City staff, community leaders and neighborhood representatives. CLOSED SESSION Motion by Jones at 7:37 p.m. 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 Voetberg. Motion carried 7-0. Upon motion the City Council reconvened in open session at 8:32 p.m. stating that staff had been given proper direction. There being no further business, upon motion the City Council adjourned at 8:33 p.m. /s/Jeanne F Schneider, CMC City Clerk 1t 9/16 10