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10 5 09 City Council Proceedings Official_Regular CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on October 5, 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 Reverend Thomas Young of Westminster Presbyterian Church. PROCLAMATIONS Save for Retirement Week (October 18 – 24, 2009) was accepted by Personnel Manager Randy Peck; Make a Will Month (October 2009) was accepted by Operation New View Director Tom Stovall, 1473 Central Avenue, and Library Director Susan Henricks; Niemann- Pick Disease Awareness Month (October 2009) was accepted by Jenn Richardson, 1610 Catherine Street; Trick-or-Treat Night (October 31, 2009) was accepted by Mayor Roy D. Buol; and Dubuque Bank & Trust Appreciation was accepted by Dubuque Bank & Trust President Doug Horstmann, 1398 Central Avenue CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Braig. Motion carried 7-0. Minutes and Reports Submitted: Airport Commission of 8/24; City Council of 9/17, 9/21, and 9/23; Historic Preservation Commission of 9/17; Housing Code Appeals Board of 7/21; Library Board of Trustees of 7/23; Long Range Planning Advisory Commission of 9/16; Transit Board of 9/10 Proofs of publication of City Council Proceedings of September 8 and 17, 2009 Upon motion the documents were received and filed. Notice of Claims/Suits: Mark Hoppmann II for vehicle damage; Tim O’Mara 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: Progressive Classic Insurance for vehicle damage; Joe Frederick for vehicle damage; Barbara Frandsen for personal injury; Tim O’Mara for vehicle damage; Mark Hoppmann for vehicle damage. Upon motion the documents were received and filed and concurred. Project HOPE: Communication from Alyssa Hauser, Project HOPE Coordinator, regarding youth employment opportunities. Upon motion the document was received and filed. th Traffic Signal Mastarm Retrofit Project, Central Avenue at 5 and 7th Streets: City Manager recommending award of the contract for the Traffic Signal Mastarm Retrofit Project, Central thth Avenue at 5 and 7 Streets to A&G Electric in the amount of $140,735.88. Upon motion the documents were received and filed and Resolution No. 373-09 Awarding public improvement thth contract for the Traffic Signal Mastarm Retrofit Project, Central Avenue at 5 and 7 Streets was adopted. RESOLUTION NO. 373-09 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE TRAFFIC SIGNAL MASTARM THTH RETROFIT PROJECT, CENTRAL AVENUE AT 5 AND 7 STREETS Whereas, sealed proposals have been submitted by contractors for the Traffic Signal thth Mastarm Retrofit Project, Central Avenue at 5 and 7 Streets (the Project) pursuant to Resolution No. 332-09 and Notice to Bidders published in a newspaper published in the City of th Dubuque, Iowa, on the 11 day of September, 2009. th Whereas, said sealed proposals were opened and read on the 24 day of September, 2009 and it has been determined that A&G Electric of Dubuque, Iowa, with a bid in the amount of $140,735.88, 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 A&G Electric 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 5 day of October, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Heeb Street Retaining Wall Reconstruction Project: City Manager recommending award of the contract for the Heeb Street Retaining Wall Reconstruction Project to Drew Cook & Sons Excavating, Inc., in the amount of $98,567.00. Upon motion the documents were received and filed and Resolution No. 374-09 Awarding public improvement contract for the Heeb Street Retaining Wall Reconstruction Project was adopted. RESOLUTION NO. 374-09 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE HEEB STREET RETAINING WALL RECONSTRUCTION PROJECT Whereas, sealed proposals have been submitted by contractors for the Heeb Street Retaining Wall Reconstruction Project (the Project) pursuant to Resolution No. 331-09 and th Notice to Bidders published in a newspaper published in the City of Dubuque, Iowa, on the 11 day of September, 2009. th Whereas, said sealed proposals were opened and read on the 24 day of September, 2009 and it has been determined that Drew Cook & Sons Excavating, Inc., of Dubuque, Iowa, with a bid in the amount of $98,567.00, is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 2 That a Public Improvement Contract for the Project is hereby awarded to Drew Cook & Sons Excavating, Inc., and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. th Passed, approved and adopted this 5 day of October, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Dubuque Industrial Center West – Chavenelle Court 2008 Project: City Manager recommending acceptance of the construction contract for the Dubuque Industrial Center West – Chavenelle Court 2008 Project as completed by Horsfield Construction, Inc., in the final contract amount of $639,822.45. Upon motion the documents were received and filed and Resolution No. 375-09 Accepting the Dubuque Industrial Center West – Chavenelle Court 2008 Project and authorizing payment of the contract amount to the contractor was adopted. RESOLUTION NO. 375-09 ACCEPTING THE DUBUQUE INDUSTRIAL CENTER WEST – CHAVENELLE COURT 2008 PROJECTAND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Dubuque Industrial Center West – Chavenelle Court 2008 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 Revitalize Iowa’s Sound Economy Program and General Obligation Bonds – Chavenelle Street Extension Project appropriations for the contract amount of $639,822.45 less any retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code chapter 573. th Passed, approved and adopted this 5 day of October, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE DUBUQUE INDUSTRIAL CENTER WEST – CHAVENELLE COURT 2008 PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Dubuque Industrial Center West – Chavenelle Court 2008 Project, that the Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $727,040.70. th Dated this 25 day of September, 2009. Gus Psihoyos, City Engineer th Filed in the office of the City Clerk on the 25 day of September, 2009. Jeanne F. Schneider, CMC, City Clerk University Avenue Extension Project: City Manager recommending acceptance of the construction contract for the University Avenue Extension Project as completed by Horsfield 3 Construction, Inc., in the final contract amount of $890,833.71. Upon motion the documents were received and filed and Resolution No. 376-09 Accepting the University Avenue Extension Project and authorizing payment of the contract amount to the contractor was adopted. RESOLUTION NO. 376-09 ACCEPTING THE UNIVERSITY AVENUE EXTENSION – PHASE II, PCC PAVEMENT PROJECT (IOWA DOT NO. STP-U-2100 (635)--70-31) AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the University Avenue Extension – Phase II, PCC Pavement Project (Iowa DOT No. STP-U-2100 (635)--70-31) (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 University Avenue Extension to US 20 Capital Improvement Project (CIP 3001254), and Surface Transportation Funds (STP) appropriations for the contract amount of $890,883.71 less any retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code chapter 573. th Passed, approved and adopted this 5 day of October, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE UNIVERSITY AVENUE EXTENSION – PHASE II, PCC PAVEMENT PROJECT (IOWA DOT NO. STP-U- 2100 (635)--70-31) The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the University Avenue Extension – Phase II, PCC Pavement Project (Iowa DOT No. STP-U-2100 (635)--70-31), that the Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $1,193,060.63. th Dated this 25 day of September, 2009. Gus Psihoyos, City Engineer th Filed in the office of the City Clerk on the 30 day of September, 2009. Jeanne F. Schneider, CMC, City Clerk 2009 Community Development Block Grant (CDBG) Ramp Installation Project: City Manager recommending acceptance of the construction contract for the 2009 Community Development Block Grant (CDBG) Ramp Installation Project as completed by Skyline Trucking & Storage Construction, Inc., in the final contract amount of $19,096.04. Upon motion the documents were received and filed and Resolution No. 377-09 Accepting the 2009 Community Development Block Grant (CDBG) Ramp Installation Project and authorizing payment of the contract amount to the contractor was adopted. 4 RESOLUTION NO. 377-09 ACCEPTING THE 2009 CDBG ACCESS RAMP INSTALLATION PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the 2009 CDBG Access Ramp Installation 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 Wheel Chair Ramps Capital Improvement Project appropriation for the contract amount of $19,096.04 less any retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code chapter 573. th Passed, approved and adopted this 5 day of October, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE 2009 CDBG ACCESS RAMP INSTALLATION PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the 2009 CDBG Access Ramp Installation Project, that the Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $21,960.45. rd Dated this 23 day of September, 2009. Gus Psihoyos, City Engineer th Filed in the office of the City Clerk on the 30 day of September, 2009. Jeanne F. Schneider, CMC, City Clerk Plat Approval – McEvoy and Curtis Streets: City Manager recommending approval of the plats of Lots A and D of Bonson and Stewart’s Subdivision. Upon motion the documents were received and filed and Resolution No. 378-09 Approving Lot A of Bonson and Stewart’s Subdivision and Resolution No. 379-09 Approving Lot D of Bonson and Stewart’s Subdivision were adopted. RESOLUTION NO. 378-09 APPROVING PLAT OF LOT A OF BONSON & STEWART’S SUBDIVISION IN THE CITY OF DUBUQUE, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat th dated the 20 day of May, 2009, prepared by the Iowa Department of Transportation, describing Lot A of Bonson & Stewart’s Subdivision in the City of Dubuque, Iowa; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: th Section 1. That the plat dated the 20 day of May, 2009 prepared by the Iowa Department of Transportation, relative to the real estate hereinabove described be and the same is hereby 5 approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa. th Passed, approved and adopted this 5 day of October, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 379-09 APPROVING PLAT OF LOT D OF BONSON & STEWART’S SUBDIVISION IN THE CITY OF DUBUQUE, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat th dated the 20 day of May, 2009 prepared by the Iowa Department of Transportation, describing Lot D of Bonson & Stewart’s Subdivision in the City of Dubuque, Iowa; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: th Section 1. That the plat dated the 20 day of May, 2009 prepared by the Iowa Department of Transportation, relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa. th Passed, approved and adopted this 5 day of October, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Irrevocable License – Security Investments, LLC, and the Grand Opera House: City Manager recommending approval of the Irrevocable Licenses for Security Investments, LLC, th and the Grand Opera House to encroach on the public alleyway between Main and Iowa, 8 th and 9 Streets. Upon motion the documents were received, filed, and approved. B&C Cathedral Development, LLC – Brownfield/Grayfield Redevelopment Tax Credit Application: City Manager recommending approval of the submission of a Brownfield/Grayfield Redevelopment Tax Credit Application to the Iowa Department of Economic Development on behalf of B&C Cathedral Development, LLC, for redevelopment of the former St. Raphael’s School on Bluff Street. Upon motion the documents were received and filed and Resolution No. 380-09 Approving a Brownfield/Grayfield Redevelopment Tax Credit Application to the Iowa Department of Economic Development on behalf of B&C Cathedral Development, LLC, was adopted. RESOLUTION NO. 380-09 APPROVING A BROWNFIELD/GRAYFIELD REDEVELOPMENT TAX CREDIT APPLICATION TO THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT ON BEHALF OF B&C CATHEDRAL DEVELOPMENT, 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 former St. Raphael School building is considered a Grayfield site; and 6 Whereas, the Lofts at Cathedral Square 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 B&C Cathedral Development, 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 5 day of October, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Caradco Building, LLLP – Brownfield/Grayfield Redevelopment Tax Credit Application: City Manager recommending approval of the submission of a Brownfield/Grayfield Redevelopment Tax Credit Application to the Iowa Department of Economic Development on behalf of Caradco Building, LLLP, for redevelopment of the former Carr, Adams, and Ryder Company building at 900 Jackson Street. Upon motion the documents were received and filed and Resolution No. 381-09 Approving a Brownfield/Grayfield Redevelopment Tax Credit Application to the Iowa Department of Economic Development on behalf of Caradco Building, LLLP, was adopted. RESOLUTION NO. 381-09 APPROVING A BROWNFIELD/GRAYFIELD REDEVELOPMENT TAX CREDIT APPLICATION TO THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT ON BEHALF OF CARADCO BUILDING, LLLP. 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 former Carr, Adams, and Ryder Company building is considered a Grayfield site; and Whereas, the Caradco Building 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 Caradco Building, LLLP. 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 5 day of October, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Sustainable Neighborhood Builders, Inc. – Brownfield/Grayfield Redevelopment Tax Credit Application: City Manager recommending approval of the submission of a Brownfield/Grayfield Redevelopment Tax Credit Application to the Iowa Department of Economic Development on 7 behalf of Sustainable Neighborhood Builders, Inc., for redevelopment of the historic millwork building located at 1079 Elm Street. Upon motion the documents were received and filed and Resolution No. 382-09 Approving a Brownfield/Grayfield Redevelopment Tax Credit Application to the Iowa Department of Economic Development on behalf of Sustainable Neighborhood Builders, Inc., was adopted. RESOLUTION NO. 382-09 APPROVING A BROWNFIELD/GRAYFIELD REDEVELOPMENT TAX CREDIT APPLICATION TO THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT ON BEHALF OF SUSTAINABLE NEIGHBORHOOD BUILDERS, INC. 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 former Novelty Iron Works building is considered a Brownfield site; and Whereas, the Novelty Iron Works redevelopment 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 Sustainable Neighborhood Builders, Inc. 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 5 day of October, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Alcohol Compliance – Civil Penalty for Alcohol License Holders: City Manager recommending acceptance and approval of the Acknowledgement/Settlement Agreements for a first offense alcohol compliance violation for West Dubuque Tap, 1701 Asbury Road; Cue Master’s Billiards, 900 Central Avenue; Bowling and Beyond, 1860 Hawthorne; Jumper’s Sports Bar & Grill, 2600 Dodge Street; and Downtown Eagle, Inc., 1800 Elm Street. Upon motion the documents were received, filed, and approved. Citizen Communication – Crime Task Force: Communication from Terry L. Mozena submitting a list of items for consideration by the Crime Task Force. Upon motion the document was received and filed. Dubuque Water Trail Grant Application: City Manager recommending approval of a grant application to the Iowa Department of Natural Resources (IDNR) for the Dubuque Water Trail Project. Upon motion the documents were received and filed and Resolution No. 383-09 Approving the submittal of an application for Iowa Water Trail Funding to the Iowa Department of Natural Resources for the Dubuque Water Trail was adopted. 8 RESOLUTION NO. 383-09 APPROVING THE SUBMITTAL OF AN APPLICATION FOR IOWA WATER TRAIL FUNDING TO THE IOWA DEPARTMENT OF NATURAL RESOURCES FOR THE DUBUQUE WATER TRAIL. Whereas, the Iowa Department of Natural Resources has announced the availability of Iowa water trail funding; and Whereas, the City has adopted a Comprehensive Plan that includes a Recreation Goal to optimize the recreational amenities offered by the city's riverfront. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Planning Services Manager is authorized to submit this application to the Iowa Department of Natural Resources for Iowa water trail funding for the Dubuque Water Trail. Section 2. That in the event said application is approved the City Council agrees to abide by all local, state and federal requirements applicable to the proposed budget. th Passed, approved and adopted this 5 day of October 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Request for Proposals (RFP) – Mines of Spain Interpretive Exhibit and Education Program: City Manager recommending approval of the issuance of a Request for Proposals (RFP) for an exhibit designer for the Mines of Spain Interpretive Exhibit and Education Program. Upon motion the documents were received, filed, and approved. Water Resources Coordinating Council (WRCC): City Manager recommending approval of the City’s position statement on Water Resources Coordinating Council recommendations as required by HF 756. Upon motion the documents were received, filed, and approved. Iowa Great Places Grant: City Manager advising that the City has been awarded $150,000 from Iowa Great Places Funding to aid in the completion of the streetscape and public space improvements in the Historic Millworking District. Upon motion the documents were received and filed. Purchase of Property – 1699 Washington Street: City Manager recommending approval of the purchase of a foreclosed home located at 1699 Washington Street. Upon motion the documents were received and filed and Resolution No. 384-09 Approving the acquisition of real estate located at 1699 Washington Street in the City of Dubuque was adopted. RESOLUTION NO. 384 - 09 APPROVING THE ACQUISITION OF REAL ESTATE LOCATED AT 1699 WASHINGTON STREET, IN THE CITY OF DUBUQUE WHEREAS, certain properties have been targeted for acquisition, rehabilitation and resale in the Washington Neighborhood as part of the Revitalize Dubuque: Washington Initiative; and WHEREAS, the property at 1699 Washington Street, previously jointly-financed through loans from Dubuque Bank & Trust, and the City of Dubuque, has been foreclosed; and WHEREAS, an essential part of the revitalization strategy for the neighborhood is to quickly address vacant properties, deter speculation and absentee ownership, and promote homeownership. 9 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby approves the acquisition of the following legally described property: Lot Two (2) of Lot Eighty-Six (86) in East Dubuque Addition in the City of Dubuque, County of Dubuque, Iowa, according to the recorded plat thereof, at the cost of Thirty-Five Thousand Two Hundred-Twenty dollars ($35 220). Section 2. That the City of Dubuque is hereby authorized to accept a Quit Claim deed from the owner, conveying the owner’s interest to the City of Dubuque, Iowa, for the herein described real estate. Section 3. That the City Clerk be and she is hereby authorized and directed to cause said Quit Claim Deed to be recorded in the office of the Dubuque County Recorder, together with certified copy of the Resolution. Section 4. That the City Clerk be and she is hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. th Passed, approved and adopted this 5 day of October, 2009. Roy D Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk Water Meter Change Out Project – Request for Proposals: City Manager recommending approval to release the Request for Proposals for the Water Meter Change Out Project. Upon motion the documents were received, filed, and approved. Workers’ Compensation Administrative Services Agreement - Alternative Services Concepts: City Manager recommending approval of the Workers’ Compensation Administrative Services Agreement with Alternative Services Concepts. Upon motion the documents were received, filed, and approved. Illinois Department of Transportation: Notice from the Illinois Department of Transportation (IDOT) that they will be sponsoring a public meeting to seek input concerning the Environmental Assessment (EA) of the proposed alternatives for new inter-city passenger rail transportation service from Chicago to Dubuque. Upon motion the documents was received and filed. Government Finance Officers Association: Communication from the Government Finance Officers Association advising that Budget Director Jennifer Larson has received the Distinguished Budget Presentation Award. Upon motion the document was received and filed. Signed Contracts: 1) Contract with IIW Engineers for the EB Lyons Nature Center Expansion Project. 2) Change Order #1 for the Trail at the Bergfeld Recreation Area Project. 3) Contract for services with The Powers of Communication related to the Census 2010 community outreach campaign. 4) Contract with McDermott Excavating for the detention basin maintenance of Theisen’s Pond. 5) Contract with McDermott Excavating for the detention basin maintenance of the Bergfeld and Seippel Ponds. 6) Award of the contract for the Foye Street Curb and Gutter, Sidewalk Replacement Project. 7) Award of the contract for the Ramona Street and Pamela Court Panel Replacement Project. Upon motion the documents were received and filed. 10 Business License Refund: Request of Russell and Cheri Masartis for a refund in the amount of $422.50 for the Club Sublime beer and liquor license. Upon motion the document was received and filed and the refund approved. Liquor License Applications: City Manager recommending approval of annual liquor license renewals as submitted. Upon motion the documents were received and filed and Resolution No. 385-09 Granting the issuance of a Class “C” Beer Permit to Target Store and Aldi #30; and Resolution No. 386-09 Granting the issuance of a Class “C” Beer/Liquor License to Dog House Lounge, Denny’s Lux Club and The District; Special Class “C” Liquor License to Café Manna Java; Class “B” Wine Permit to Target Store and Aldi #30; and a Class “WBN” Native Wine to Solon Langworthy House were adopted. RESOLUTION NO. 385-09 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 “C” BEER PERMIT Target Corporation Target Store T-0-086+(Sunday Sale) 3500 Dodge Street Aldi, Inc. Aldi # 30+(Sunday Sale) 2160 Holliday Drive Passed, approved and adopted this 5th day of October, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 386-09 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 Dog Gone, Inc. Dog House Lounge 1646 Asbury Road +(Sunday/Outdoor Sale) Kelly Oppelt Denny’s Lux Club +(Sunday/Outdoor 3050 Asbury Road Sale) Michael Mormann The District+(Sunday Sale) 1700 Central Avenue SPECIAL CLASS “C” LIQUOR LICENSE Café Manna Java, Inc. Café Manna Java +(Sunday/Outdoor 269 Main Street Sale) CLASS “B” WINE Target Corporation Target Store T-0086 3500 Dodge Street 11 Aldi, Inc Aldi # 30 2160 Holliday Drive CLASS “WBN” NATIVE WINE Keisha Wainwright Solon Langworthy House 264 Alpine Street Passed, approved and adopted this 5th day of October, 2009 Roy D. Buol 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 Voetberg. Motion carried 7-0. MYLA Company, LLC: City Manager recommending that a public hearing be set for October 19, 2009 to consider a proposed lease between MYLA Company, LLC for the placement of a sign for the businesses in the new building at 3338 Center Grove Drive. Upon motion the documents were received and filed and Resolution No. 387-09 Resolution of intent to dispose of an interest in public right-of-way owned by the City of Dubuque by lease between the City of Dubuque, Iowa, and MYLA Company, LLC, was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on October 19, 2009 in the Historic Federal Building. RESOLUTION NO. 387-09 RESOLUTION OF INTENT TO DISPOSE OF AN INTEREST IN PUBLIC RIGHT-OF-WAY OWNED BY THE CITY OF DUBUQUE BY LEASE BETWEEN THE CITY OF DUBUQUE, IOWA, AND MYLA COMPANY, LLC Whereas, the City of Dubuque, Iowa, (City) owns the public right-of-way abutting 3338 Center Grove Drive in the City of Dubuque, Iowa; and Whereas, City and MYLA Company, LLC have negotiated a Lease Agreement for the placement of a business sign at 3338 Center Grove Drive, a copy of which Lease Agreement th is on file at the office of the City Clerk, City Hall, 13 and Central Avenue, Dubuque, Iowa; and Whereas, the City Council believes it is in the best interest of the City of Dubuque to approve the Lease Agreement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa, intends to dispose of its interest in the foregoing described public right-of-way by Lease Agreement between City and MYLA Company, LLC. Section 2. The City Clerk is hereby authorized and directed to cause this Resolution and a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the th City’s intent to dispose of the foregoing-described public right-of-way, to be held on the 19 day of October, 2009 at 6:30 o’clock p.m. at the Historic Federal Building, Council Chambers, th 350 W. 6 Street, Dubuque, Iowa. th Passed, approved and adopted this 5 day of October, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Blanche Avenue – Request to Vacate: City Manager recommending that a public hearing be set for October 19, 2009 to consider a request from David W. Leifker Law Offices, representing Raymond E. Tarkett, for the vacating of an alley adjacent to 765 Blanche Avenue. Upon motion the documents were received and filed and Resolution No. 388-09 Resolution of intent 12 to vacate and dispose of City interest in Lot 112-A in Maple Leaf Addition in the City of Dubuque, Dubuque County, Iowa; and Resolution No. 389-09 Approving plat of a proposed vacated alley abutting Lots 81 through 86 and Lots 112 through 117 all in Maple Leaf Addition in the City of Dubuque, Iowa, were adopted setting a public hearing for a meeting to commence at 6:30 p.m. on October 19, 2009 in the Historic Federal Building. RESOLUTION NO. 388-09 RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN LOT 112-A IN MAPLE LEAF ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, Raymond E. Tarkett has requested the vacating and disposal of a portion of an alley abutting Lots 81 through 86 and Lots 112 through 117 all in Maple Leaf Addition in the City of Dubuque, Iowa; and Whereas, Buesing and Associates, Inc., has prepared and submitted to the City Council a plat showing the vacated portion of said alley and assigned a lot number thereto, which hereinafter shall be known and described as Lot 112-A in Maple Leaf Addition in the City of Dubuque, Dubuque County, Iowa, should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to vacate and dispose of its interest in Lot 112- A in Maple Leaf Addition in the City of Dubuque, Dubuque County, Iowa. Section 2. That the conveyance of Lot 112-A in Maple Leaf Addition in the City of Dubuque, Dubuque County, Iowa, to Raymond E. Tarkett be contingent upon the payment of $300.00 plus platting, publication, and filing fees. Section 3. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to vacate and dispose of said real estate to be published in the manner as prescribed by law. th Passed, approved and adopted this 5 day of October, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 389-09 APPROVING PLAT OF A PROPOSED VACATED ALLEY ABUTTING LOTS 81 THROUGH 86 AND LOTS 112 THROUGH 117 ALL IN MAPLE LEAF ADDITION IN THE CITY OF DUBUQUE, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated September 8, 2009 prepared by Buesing and Associates, Inc., describing the proposed vacated portion of an alley abutting Lots 81 through 86 and Lots 112 through 117 all in Maple Leaf Addition to be known as Lot 112-A in Maple Leaf Addition in the City of Dubuque, Dubuque County, Iowa; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated September 8, 2009 prepared by Buesing and Associates, Inc., relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa. th Passed, approved and adopted this 5 day of October, 2009. 13 Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk North Fork Catfish Creek Stormwater and Sanitary Sewer Reconstruction Project – Phase III: City Manager recommending initiation of the bidding process for the North Fork Catfish Creek Stormwater and Sanitary Sewer Reconstruction Project – Phase III and that a public hearing be set for October 19, 2009. Upon motion the documents were received and filed and Resolution No. 390-09 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 North Fork Catfish Creek Stormwater and Sanitary Sewer Reconstruction Project – Phase III was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on October 19, 2009 in the Historic Federal Building. RESOLUTION NO. 390-09 NORTH FORK CATFISH CREEK STORMWATER AND SANITARY SEWER PROJECT – PHASE III 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 North Fork Catfish Creek Stormwater and Sanitary Sewer Project – Phase III, in the estimated amount $1,894,871.50, 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 19 day of October, 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. The North Fork Catfish Creek Stormwater and Sanitary Sewer Project – Phase III 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 nd before 2:00 p.m. on the 22 day of October, 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 the nd 2 day of November, 2009, in the Historic Federal Building Council Chambers (second floor), th 350 West 6 Street, Dubuque, Iowa. th Passed, approved and adopted this 5 day of October, 2009. 14 Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk BOARDS/COMMISSIONS Appointments to the following Commission: Historic Preservation Commission. One 3-year term through July 1, 2011 – Langworthy Historic District (Interim Term of Licht). Applicant: rd David Klavitter, 1090 West 3 Street. Motion by Braig to appoint David Klavitter to the Historic Preservation Commission – Langworthy Historic District (resident commissioner) for a 3-year term through July 1, 2011. Seconded by Resnick. Motion carried 7-0. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone present to address the City Council. Dubuque Ice and Recreation Center, Inc., (DICE) – Development Agreement and Lease Agreement: Proof of publication on notice of public hearing to consider a Development Agreement between the City of Dubuque, Dubuque Ice and Recreation Center, Inc., Dubuque Racing Association, Ltd., and Battlefield Dubuque, LLC, and a Lease Agreement between the City of Dubuque and Dubuque Ice and Recreation Center, Inc., and City Manager recommending approval. City Manager recommending approval of an amendment to the SMG Management Agreement for the Five Flags Center which would allow them to compete for the same type of events that can be held at the Grand River Center; however, the non-compete clause for the Five Flags Civic Center Management contract with SMG related to political events would continue. Motion by Jones to receive and file the documents and adopt Resolution No. 391-09 Disposing of an interest in real property by Development Agreement between and among Dubuque Ice & Recreation Center, Inc., Dubuque Racing Association, and Battlefield Dubuque, LLC, and Lease Agreement with Dubuque Community Ice and Recreation Center, Inc.; and Resolution No. 392-09 Approving the Second Amendment to the Management Agreement between the City of Dubuque, Iowa, and SMG. Seconded by Lynch. DICE President Bob Woodward, 1048 Bonnie Court, and Southwood Management President Brian Southwood, 1220 Valentine Drive, responded to questions from City Council Members. Motion carried 7-0. RESOLUTION NO. 391-09 DISPOSING OF AN INTEREST IN REAL PROPERTY BY DEVELOPMENT AGREEMENT BETWEEN AND AMONG DUBUQUE ICE & RECREATION CENTER, INC., DUBUQUE RACING ASSOCIATION, AND BATTLEFIELD DUBUQUE, LLC, AND LEASE AGREEMENT WITH DUBUQUE COMMUNITY ICE & RECREATIONAL CENTER, INC. WHEREAS, the City of Dubuque, Iowa, (City), is the owner of the following described real estate (the Property): A part of Mineral Lots 298 and 299 in Fractional Section 19, T89N, R3E, 5th P.M., in the City of Dubuque, Iowa, containing 6.63 acres, more or less, subject to easements of record and not of record; and WHEREAS, Dubuque Community Ice & Recreational Center, Inc., (DICE), an Iowa Corporation, desires to lease a part of the Property shown on Exhibit A-1 attached hereto for 15 the construction and operation of an ice arena (the Arena) as described in a Development th Agreement and Lease Agreement now on file at the office of the City Clerk, 50 West 13 Street, Dubuque, Iowa; and WHEREAS, Dubuque Racing Association, LTD, (DRA) has agreed to enter into the Development Agreement and contribute to the funds required by DICE for the construction of the Arena; and WHEREAS, Battlefield Dubuque, LLC (Battlefield), a Minnesota limited liability company, has agreed to entered into the Development Agreement and contribute to the funds required by DICE for the construction of the Arena and to enter in an agreement with DICE for the use of the arena; and WHEREAS, the City Council of the City of Dubuque has found that the development of the Property pursuant to the Development Agreement and Lease Agreement, and the fulfillment generally of the Development Agreement and Lease Agreement, are in the vital and best interests of City and in accord with the public purposes and provisions of the applicable federal, state and local and WHEREAS, on October 5, 2009, the City Council pursuant to notice published as required by law held a public hearing on its intent to dispose of the foregoing interest in the Property and overruled all objections thereto; and WHEREAS, the City Council finds that it is in the best interest of the City to approve the disposition of such interest in the Property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque approves the disposition of the City’s interest in the foregoing-described Property pursuant to the Development Agreement and Lease Agreement. Section 2. The Mayor is hereby authorized and directed to sign this Resolution and the Development Agreement and Lease Agreement in accordance with their terms. th Passed, approved and adopted this 5 day of October, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Continued 16 EXHIBIT A-1 17 RESOLUTION NO. 392-09 APPROVING THE SECOND AMENDMENT TO THE MANAGEMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA, AND SMG. Whereas, the City of Dubuque has identified the need for private management of the Five Flags Center; and Whereas, the City of Dubuque (City) and SMG entered into a Management Agreement on June 21, 2004; and Whereas, City and SMG now desire to amend the Management Agreement by changing the following language in Section 2.6(b) FROM …” Notwithstanding anything to the contrary contained herein, the parties acknowledge that the Facility (Five Flags) shall not compete for the same type of events that can be held at the Grand River Center in Dubuque, Iowa, unless the event comes through the Grand River Center. Those events include, but are not limited to: conferences/conventions, dinners/banquets, meetings, receptions, and flat floor events” TO … “Notwithstanding anything to the contrary contained herein, the parties acknowledge that the Facility (Five Flags) shall not compete for national political events. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Second Amendment to the Management Agreement between the City of Dubuque, Iowa, and SMG be approved. Passed, approved and adopted this 5th day of October, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Amended and Restated Greater Downtown Urban Renewal District: Proof of publication on notice of public hearing to consider a Resolution of Necessity for the Amended and Restated Greater Downtown Urban Renewal District and City Manager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 393-09 Approving the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 393-09 APPROVING THE AMENDED AND RESTATED URBAN RENEWAL PLAN FOR THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT. Whereas, on September 8, 2009 the City Council of the City of Dubuque, Iowa, authorized the preparation of an Amended and Restated Urban Renewal Plan (the "Plan") for the Greater Downtown Urban Renewal District (the "District"); and Whereas, the City of Dubuque's primary objective in amending this Plan is to provide opportunities for further redevelopment and reinvestment in the downtown; and Whereas, the Long Range Planning Commission has reviewed the proposed Plan and has found that said document is consistent with the Comprehensive Plan for the development of the City of Dubuque as a whole and has transmitted its findings to the City Council; and Whereas, a consultation process has been undertaken with affected taxing entities in accordance with Chapter 403 of the Code of Iowa with no written objections or recommended changes to the Plan received; and Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has held a public hearing on the proposed amended and restated Plan after public notice thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 18 Section 1. That the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District, attached hereto and made reference to herein, be approved. Section 2. That the City Clerk of the City of Dubuque, Iowa, is hereby authorized and directed to file a certified copy of the Resolution in the office of the Dubuque County Recorder. th Passed, approved and adopted this 5 day of October, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk McEvoy Street – Alley Vacate: Proof of publication on notice of public hearing to consider a request from Laura Skelton for the vacation and disposal of an alley adjacent to 35 McEvoy Street and City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 394-09 Approving plat of proposed vacated alley adjacent to 35 McEvoy Street; Resolution No. 395-09 Vacating Lot B and Lot I of Bonson and Stewart’s Subdivision in the City of Dubuque, Dubuque County, Iowa; and Resolution No. 396- 09 Disposing of City interest in Lot B and Lot 1 of Bonson and Stewart’s Subdivision in the City of Dubuque, Dubuque County, Iowa. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 394-09 APPROVING PLAT OF PROPOSED VACATED ALLEY ADJACENT TO 35 MCEVOY STREET Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat th dated the 9 day of September, 2009 prepared by Schneider Land Surveying & Planning, Inc., describing the proposed vacated portion of an alley adjacent to McEvoy Street to be known as Lot I of Bonson and Stewart’s Subdivision in the City of Dubuque, Dubuque County, Iowa; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: th Section 1. That the plat dated the 9 day of September, 2009 prepared by Schneider Land Surveying & Planning, Inc., relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, television cable, fiber optics, and electric lines as may be authorized by the City of Dubuque, Iowa, over Lot 1 of Bonson and Stewart’s Subdivision. Section 3. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa. th Passed, approved and adopted this 5 day of October, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 395-09 RESOLUTION VACATING ALLEY ADJACENT TO 35 MCEVOY STREET Whereas, Laura J. and Ricky A. Skelton have requested the vacating of a portion of a public alley abutting 35 McEvoy Street; and Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat th dated the 9 day of September, 2009 prepared by Schneider Land Surveying & Planning, Inc., describing the proposed vacated portion of an alley adjacent to 35 McEvoy Street to be known 19 as Lot I of Bonson and Stewart’s Subdivision in the City of Dubuque, Dubuque County, Iowa; and Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat th dated the 20 day of May, 2009 prepared by the Iowa Department of Transportation, describing Lot B of Bonson and Stewart’s Subdivision; and Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of th Dubuque, Iowa, on this 25 day of September, 2009 that the City Council of the City of th Dubuque, Iowa, met on the 5 day of October, 2009, at 6:30 p.m. in the Historic Federal th Building Council Chambers (second floor), 350 West 6 Street, Dubuque, Dubuque County, Iowa, to consider the request to vacate; and Whereas, the City Council of the City of Dubuque, Iowa, overruled any and all objections, oral or written to the request to vacate; and Whereas, the City Council of the City of Dubuque, Iowa, has determined that the proposed vacated portion of an alley abutting McEvoy Street to be known as Lot B and Lot I of Bonson and Stewart’s Subdivision in the City of Dubuque, Dubuque County, Iowa, should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lot B and Lot I of Bonson and Stewart’s Subdivision in the City of Dubuque, Iowa, be and the same is hereby vacated. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, television cable, fiber optics, and electric lines as may be authorized by the City of Dubuque, Iowa, over Lot I of Bonson and Stewart’s Subdivision. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. th Passed, approved and adopted this 5 day of October, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 396-09 DISPOSING OF CITY INTEREST IN LOT B AND LOT I OF BONSON AND STEWART’S SUBDIVISION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of th Dubuque, Iowa, on the 25 day of September, 2009, the City Council of the City of Dubuque, th Iowa, met on the 5 day of October, 2009, at 6:30 p.m. in the Historic Federal Building Council th Chambers (second floor), 350 West 6 Street, Dubuque, Dubuque County, Iowa, to consider the proposal for the sale of real estate described as: Lot B and Lot I of Bonson and Stewart’s Subdivision in the City of Dubuque, Dubuque County, Iowa, and Whereas, the City Council of the City of Dubuque, Iowa, overruled any and all objections, oral or written to the proposal to sell such real estate, except for easement as noted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the sale of City of Dubuque real property described as Lot B and Lot I of Bonson and Stewart’s Subdivision in the City of Dubuque, Dubuque County, Iowa, to Laura J. 20 and Ricky A. Skelton be and the same is hereby approved for the cost of surveying, platting, publication, and filing fees. Conveyance shall be by Quit Claim Deed. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, television cable, fiber optics, and electric lines as may be authorized by the City of Dubuque, Iowa, over Lot I of Bonson and Stewart’s Subdivision. Section 3. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to Laura J. and Ricky A. Skelton upon receipt of publication and filing fees. Section 4. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. th Passed, approved and adopted this 5 day of October, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 2009 Cured-in-Place (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 Cured- in-Place (CIPP) Lining Project and City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 397-09 Approving plans, specifications, form of contract, and estimated cost for the 2009 Sewer Cured-in-Place Pipe (CIPP) Lining Project. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 397-09 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE 2009 SEWER CIPP LINING 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 2009 Sewer CIPP Lining Project, in the estimated amount $182,716.60, are hereby approved. th Passed, adopted and approved this 5 day of October, 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 Advertisement for Sale of Bonds: City Manager recommending the sale of $2,935,000 General Obligation Bonds, Series 2009A, $11,175,000 General Obligation Urban Renewal Bonds, Series 2009B and $9,500,000 General Obligation Refunding Bonds, Series 2009C. Motion by Jones to receive and file the documents and adopt Resolution No. 398-09 Directing the sale of General Obligation Bonds, Series 2009A; Resolution No. 399-09 Directing the sale of General Obligation Urban Renewal Bonds, Series 2009B; Resolution No. 400-09 Directing the sale of General Obligation Refunding Bonds, Series 2009C; and Resolution No. 401-09 Authorizing the redemption of outstanding General Obligation Bonds, Series 2001, dated December 15, 2001, and the General Obligation Bonds, Series 2002, dated December 15, 2001 of the City of Dubuque, Iowa, and directing notice of redemption. Seconded by Voetberg. 21 PFM Senior Managing Consultant Tionna Pooler, 2600 Grand Avenue, Des Moines, responded to questions by City Council Members. RESOLUTION NO. 398-09 DIRECTING SALE OF GENERAL OBLIGATION BONDS, SERIES 2009A WHEREAS, pursuant to notice as required by law, bids have been received at public sale for the Bonds described as follows and the best bid received is determined to be the following: GENERAL OBLIGATION BONDS, SERIES 2009A: Bidder: Wells Fargo Advisors of St. Louis, Missouri; Wells Fargo Brokerage Services, LLC – Minneapolis, Minnesota, the terms of said bid being: Purchase Price: $2,905,650.00 Principal Amount: $2,935,000.00 True Interest Rate: 3.291% True Interest Cost: $1,108.063.57 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the bid for the Series 2009A Bonds as above set out is hereby determined to be the best and most favorable bid received and, said Series 2009A Bonds are hereby awarded based on said bid. Section 2. That the form of contract for the sale of said Series 2009A Bonds is hereby approved and the Mayor and City Clerk are authorized to execute and attest the same on behalf of the City. Section 3. That the notice of the sale of the Series 2009A Bonds heretofore given and all acts of the City Clerk and Finance Officer done in furtherance of the sale of said Series 2009A Bonds are hereby ratified and approved. th Passed and approved this 5 day of October, 2009 Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 399-09 DIRECTING SALE OF GENERAL OBLIGATION URBAN RENEWAL BONDS, SERIES 2009B WHEREAS, pursuant to notice as required by law, bids have been received at public sale for the Bonds described as follows and the best bid received is determined to be the following: GENERAL OBLIGATION URBAN RENEWAL BONDS, SERIES 2009B: Bidder: Robert W. Baird & Co., Inc., of Milwaukee, Wisconsin, et al, the terms of said bid being: Purchase Price: $ 11,092, 136.40 Principal Amount: $11,175,000.00 True Interest Rate: 3.2325% True Interest Cost: $4,190,734.38 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the bid for the Series 2009B Bonds as above set out is hereby determined to be the best and most favorable bid received and, said Series 2009B Bonds are hereby awarded based on said bid. Section 2. That the form of contract for the sale of said Series 2009B Bonds is hereby approved and the Mayor and City Clerk are authorized to execute and attest the same on behalf of the City. 22 Section 3. That the notice of the sale of the Series 2009B Bonds heretofore given and all acts of the City Clerk and Finance Officer done in furtherance of the sale of said Series 2009B Bonds are hereby ratified and approved. th Passed and approved this 5 day of October, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 400-09 DIRECTING SALE OF GENERAL OBLIGATION REFUNDING BONDS, SERIES 2009C WHEREAS, pursuant to notice as required by law, bids have been received at public sale for the Bonds described as follows and the best bid received is determined to be the following: GENERAL OBLIGATION REFUNDING BONDS, SERIES 2009C: Bidder: Piper Jaffray & Co. of Leawood, Kansas, the terms of said bid being: Purchase Price: $9,439,795.62 Principal Amount: $8,885,000.00 True Interest Rate: 2.6592% True Interest Cost: $1,581,869.17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the bid for the Series 2009C Bonds as above set out is hereby determined to be the best and most favorable bid received and, said Series 2009C Bonds are hereby awarded based on said bid. Section 2. That the form of contract for the sale of said Series 2009C Bonds is hereby approved and the Mayor and City Clerk are authorized to execute and attest the same on behalf of the City. Section 3. That the notice of the sale of the Series 2009C Bonds heretofore given and all acts of the City Clerk and Finance Officer done in furtherance of the sale of said Series 2009C Bonds are hereby ratified and approved. th Passed and approved this 5 day of October, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 401-09 AUTHORIZING THE REDEMPTION OF OUTSTANDING GENERAL OBLIGATION BONDS, SERIES 2001, DATED DECEMBER 15, 2001, AND THE GENERAL OBLIGATION BONDS, SERIES 2002, DATED DECEMBER 15, 2001, OF THE CITY OF DUBUQUE, IOWA, AND DIRECTING NOTICE OF REDEMPTION WHEREAS, the City did by Resolution No. 537-01 approved on December 17, 2001, authorize the issuance of $9,500,000 General Obligation Bonds, Series 2001, dated December 15, 2001 (the "Series 2001 Bonds"); and WHEREAS, the City did by Resolution No. 540-01 approved December 17, 2001, authorize the issuance of $2,860,000 General Obligation Bonds, Series 2002, dated December 15, 2001 (the "Series 2002 Bonds"); and WHEREAS, the Series 2001 Bonds and the Series 2002 Bonds maturing after June 1, 2009 are redeemable in any order of maturity upon giving notice in the manner provided in the resolutions authorizing the issuance of the Series 2001 Bonds and the Series 2002 Bonds; and WHEREAS, it is deemed necessary and advisable that all of the Series 2001 Bonds and the Series 2002 Bonds be so redeemed and notices of redemption be given. 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The outstanding General Obligation Bonds, Series 2001, dated December 15, 2001, maturing after June 1, 2009 in the principal amount of $7,325,000, shall be redeemed on November 11, 2009. Section 2. The outstanding General Obligation Bonds, Series 2002, dated December 15, 2001, maturing after June 1, 2009 in the principal amount of $2,080,000, shall be redeemed on November 11, 2009. Wells Fargo Bank, N.A., as Registrar and Paying Agent for the Series 2001 Bonds and the Series 2002 Bonds, is hereby authorized and directed to cause notices of such redemption to be given not less than thirty (30) days prior to the redemption date. Section 2. The Finance Officer is hereby authorized and directed to cause to be deposited with Wells Fargo Bank, N.A., from the proceeds of the General Obligation Refunding Bonds, Series 2009C, an amount sufficient to pay all principal and interest on the redeemed Series 2001 Bonds and the Series 2002 Bonds to the date of redemption. Section 3. That the form of such notices be substantially as follows: NOTICE OF THE CALL OF BONDS FOR REDEMPTION TO THE HOLDERS OF THE FOLLOWING DESCRIBED BONDS: Please take notice that the Bonds described below have been called for redemption. Owners of the Bonds should present their Bonds for payment on the Redemption Date. Issuer: City of Dubuque, Iowa Original Issue Amount: $9,500,000 Bond Issue: General Obligation Bonds, Series 2001 Dated Date: December 15, 2001 Redemption Date: November 11, 2009 Redemption Price: Par, plus accrued interest Bonds Called for Redemption Principal Interest Maturity CUSIP Amount Rate Date Numbers $530,000 4.125% June 1, 2010 263867 QA4 545,000 4.250 June 1, 2011 263867 QB2 560,000 4.350 June 1, 2012 263867 QC0 560,000 4.450 June 1, 2013 263867 QD8 550,000 4.550 June 1, 2014 263867 QE6 575,000 4.600 June 1, 2015 263867 QF3 590,000 4.700 June 1, 2016 263867 QG1 620,000 4.750 June 1, 2017 263867 QH9 650,000 4.750 June 1, 2018 263867 QJ5 680,000 4.800 June 1, 2019 263867 QK2 715,000 4.875 June 1, 2020 263867 QL0 750,000 4.900 June 1, 2021 263867 QM8 No representation is made as to the accuracy of the CUSIP numbers printed herein or on the Bonds. The above Bonds should be presented to Wells Fargo Bank, N.A., 666 Walnut Street, Des Moines, Iowa, 50309, telephone (515/245-8504). This represents a full call of the outstanding obligations. All interest will cease to accrue on the Redemption Date. 24 Wells Fargo Bank, National Association (End of Notice) NOTICE OF THE CALL OF BONDS FOR REDEMPTION TO THE HOLDERS OF THE FOLLOWING DESCRIBED BONDS: Please take notice that the Bonds described below have been called for redemption. Owners of the Bonds should present their Bonds for payment on the Redemption Date. Issuer: City of Dubuque, Iowa Original Issue Amount: $2,860,000 Bond Issue: General Obligation Bonds, Series 2002 Dated Date: December 15, 2001 Redemption Date: November 11, 2009 Redemption Price: Par, plus accrued interest Bonds Called for Redemption Principal Interest Maturity CUSIP Amount Rate Date Numbers $130,000 4.20% June 1, 2010 263867 QU0 135,000 4.30 June 1, 2011 263867 QV8 140,000 4.45 June 1, 2012 263867 QW6 145,000 4.50 June 1, 2013 263867 QX4 160,000 4.55 June 1, 2014 263867 QY2 170,000 4.60 June 1, 2015 263867 QZ9 175,000 4.70 June 1, 2016 263867 RA3 185,000 4.75 June 1, 2017 263867 RB1 195,000 4.80 June 1, 2018 263867 RC9 205,000 4.85 June 1, 2019 263867 RD7 215,000 4.90 June 1, 2020 263867 RE5 225,000 4.95 June 1, 2021 263867 RF2 No representation is made as to the accuracy of the CUSIP numbers printed herein or on the Bonds. The above Bonds should be presented to Wells Fargo Bank, N.A., 666 Walnut Street, Des Moines, Iowa, 50309, telephone (515/245-8504). This represents a full call of the outstanding obligations. All interest will cease to accrue on the Redemption Date. Wells Fargo Bank, National Association (End of Notice) th Passed and approved this 5 day of October, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Westside Arterial Development, LLC: Communication from Brian J. Kane, representing Westside Arterial Development, LLC, requesting that the City vacate and abandon a temporary roadway easement at the end of Millstone Drive. Communication from Steven J. and Jennifer A. Mai requesting that the temporary roadway easement at the end of Millstone Drive be maintained as a cul-de-sac. Motion by Jones to receive and file the documents and refer to the City Manager. Seconded by Resnick. Motion carried 7-0. 25 Unified Development Code (First Reading on September 21, 2009): City Manager transmitting additional information in response to issues raised by the City Council during the September 21, 2009 public hearing on the Unified Development Code and recommending that the various options for Item #2 - park land dedication versus donation be referred to the Zoning Advisory Commission for their consideration. Motion by Connors to receive and file the documents and consider the second reading of a proposed ordinance establishing Title 16, Unified Development Code for the City of Dubuque, Iowa, in accordance with the provisions of the Code of Iowa, and for the repeal of all ordinances in conflict herewith. Seconded by Voetberg. Motion carried 7-0. Port of Dubuque Parking Ramp Concrete Crack Repair Project (Tabled on September 23, 2009): City Manager recommending award of the public improvement contract for the Port of Dubuque Parking Ramp Concrete Crack Repair Project to Ram Construction Services of Minnesota LLC., in the amount of $213,900.00. Motion by Jones to remove from the table. Seconded by Voetberg. Motion carried 7-0. Motion by Jones to receive and file the documents and adopt Resolution No. 402-09 Awarding public improvement contract for the Port of Dubuque Parking Ramp Concrete Crack Repair Project. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 402-09 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE PORT OF DUBUQUE PARKING RAMP – CONCRETE CRACKING REPAIR AND CONCRETE SEALER PROJECT Whereas, sealed proposals have been submitted by contractors for the Port of Dubuque Parking Ramp – Concrete Cracking Repair and Concrete Sealer Project (the Project) pursuant to Resolution No. 330-09 and Notice to Bidders published in a newspaper published in the City th of Dubuque, Iowa, on the 9 day of September, 2009. Whereas, said sealed proposals were th opened and read on the 17 day of September, 2009, and it has been determined that Ram Construction Services of Little Canada, Minnesota, with a bid in the amount of $213,900.00 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 Ram Construction Services 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 5 day of October, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Task Force Appointments: City Manager recommending the task force be named the Safe Community Task Force, a list of names for service on the task force, and that the City Council appoint seven additional members and seek one or two volunteers from the City Council. Motion by Lynch to receive and file the documents, select Council Members Connors and Voetberg to serve as Council representatives, approve the two lists of names recommended by the City Manager and nominate the following additional citizens: Mike Hodge, Molly Grover, Michelle Mihalakis, John Gronen, Rachel Daack, Claudette Carter Thomas, Terry Mozena, Steve Hodge, and Doug Stillings for a total of 25 members. Van Milligen clarified that the Police Chief position will serve as a representative. Motion carried 7-0. 26 COUNCIL MEMBER REPORTS Connors reported on her attendance at the recent Iowa League of Cities Conference in Davenport stating that it is important to continue to support the League. Connors also reported on the success of the ribbon cutting/block party she and Council Member Resnick attended on th 13 Street between Washington and Jackson Streets which was sponsored by Hope Church. There being no further business, upon motion the City Council adjourned at 7:58 p.m. /s/Jeanne F. Schneider, CMC City Clerk 27