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6 7 10 City Council Proceedings Official CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on June 7, 2010 in the Historic Federal Building. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voetberg, Assistant City Manager Steinhauser, 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 Jay Ilten of St. John's Lutheran Church. PROCLAMATION Apples for Children (June and July, 2010) was accepted by Karen Tuecke of St. Mark’s Community Center. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Braig. Jones requested (#18) Veteran’s Memorial Plaza be held for separate discussion. Motion carried 7-0. Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 4/24; City Council of 5/17; Civil Service Commission of 4/27; Housing Commission of 4/27; Mechanical Board of 5/19; Plumbing Board of 5/12 Proof of publication of City Council Proceedings of May 3, 2010 Official Proceedings of the City Council for Calendar Year 2009 Upon motion the documents were received and filed. Notice of Claims/Suits: Enterprise for vehicle damage; Tri-State Property for property damage; Robert Smith for property damage. Upon motion the documents were received, 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: Enterprise for vehicle damage; Tri-State Property for property damage. Upon motion the documents were received, filed and concurred. Acceptance of Warranty Deed – Inland Protein Corporation: City Manager recommending approval of the acceptance of the warranty deed from Inland Protein Corporation for the purchase of land necessary for the Water Pollution Control Plant improvements. Upon motion the documents were received and filed and Resolution No. 166-10 Accepting the warranty deed to Lot 2 of Inland Molasses Place No. 2 in the City of Dubuque, Dubuque County, Iowa from Inland Protein Corporation was adopted. RESOLUTION NO. 166-10 ACCEPTING THE WARRANTY DEED TO LOT 2 OF INLAND MOLASSES PLACE NO. 2 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA, FROM INLAND PROTEIN CORPORATION Whereas, the City of Dubuque entered into an Acquisition Agreement dated May 19, 2010 with American Protein Corporation aka Inland Protein Corporation to purchase Lot 2 of Inland Molasses Place No. 2 in the City of Dubuque, Dubuque County, Iowa, for the construction of certain improvements to the City’s Water Pollution Control Plant; and Whereas, all of the conditions of the Acquisition Agreement have been met. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts, and consents to the Warranty Deed from Inland Protein Corporation, a copy of which is attached hereto. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. th Passed, adopted and approved this 7 day of June, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Dubuque Racing Association Agreement: City Manager recommending approval of an amendment to the Lease Agreement between the City of Dubuque and the Dubuque Racing Association. Upon motion the documents were received, filed, and approved. Prescott Street Retaining Wall: City Manager recommending that the award for the Prescott Street Retaining Wall Project to Tschiggfrie Excavating, Inc., be officially recorded in the minutes of the City Council. Upon motion the documents were received and filed. Final Plat – Felderman Subdivision: City Manager recommending approval of the final plat of Felderman Subdivision as requested by Various Arboretum, LLC (Greg Adams). Upon motion the documents were received and filed and Resolution No. 167-10 Approving final plat of Felderman Subdivision in the City of Dubuque, County of Dubuque, Iowa, was adopted. RESOLUTION NO. 167-10 AUTHORIZING APPROVAL OF THE FINAL PLAT OF FELDERMAN SUBDIVISION IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a Final Plat of Felderman Subdivision in the City of Dubuque, Iowa; and Whereas, upon said Final Plat appears a street to be known as Arboretum Court (Lot A) together with certain public utility, storm sewer, easements, sanitary lift station (Lot B), and storm water detention facility (Lot C) which the owner by said Final Plat has dedicated to the public forever; and Whereas, the preliminary plat has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said Final Plat has been reviewed by the City Planner and had her approval endorsed thereon; subject to the owner’s agreeing to the conditions noted in Section 3 below; and 2 Whereas, said Final Plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating to it, except that streets and public utilities have not yet been completely constructed or installed. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Arboretum Court (Lot A), sanitary lift station (Lot B), and the easements for public utilities, sanitary and storm sewer as they appear on said Final Plat, be and the same are hereby accepted; and Section 2. That the Final Plat of Felderman Subdivision is hereby approved by the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said Final Plat, provided the owners of said property herein named, execute their written acceptance hereto attached agreeing: (a) To reduce Arboretum Court (Lot A) to grade and to construct a longitudinal sub-drain system, concrete curb and gutter and to hard surface with asphaltic concrete, or with concrete paving with integral curb, all in accordance with the City of Dubuque standard specifications, all in a manner acceptable to the City Engineer, in conformance with construction improvement plans approved by the City Engineer, and inspected by the City Engineer. (b) To install sanitary lift station (Lot B) and force main, sanitary sewer main and sewer service laterals into each individual lot, water main and water service laterals into each individual lot, storm sewers and catch basins, LED street lighting and erosion control devices all in accordance with the City of Dubuque standard specifications, all in a manner acceptable to the City Engineer, and in accordance with construction improvement plans approved by the City Engineer, and inspected by the City Engineer. (c) To construct storm water detention facilities (Lot C), including access thereto, in a manner acceptable to the City Engineer, in accordance with the City of Dubuque standard specifications approved by the City Engineer, and inspected by the City Engineer. (d) To construct sidewalk along Arboretum Court frontage of Lot B in accordance with City of Dubuque Standards and specifications. (e) To construct said improvements, prior to the two (2) years from the date of acceptance of this resolution, at the sole expense of the owners, or future owner. (f) To maintain the public improvements, for a period of two (2) years from the date of the acceptance of those improvements by the City Council of the City of Dubuque, Iowa, at the sole final expense of the owners, or future owner; And, further provided that Arboretum Development, LLC, as owner of said property, shall secure the performance of the foregoing conditions provided in this Section by providing guarantees in such form and with such sureties as may be acceptable to the City Manager of the City of Dubuque, Iowa. Section 3. Sidewalk installation shall be the responsibility of the owner abutting the public rights-of-way, including lots with multiple frontages, as required by City Code 41-100 and 42- 24. Section 4. The owner must continue to own and maintain Lot C and stormwater detention facility until (1) the facility has been fully completed, (2) 80% of the platted lots in Felderman Subdivision, and subdivisions thereof have been fully developed, and (3) adequate erosion control measures, as approved by the City have been installed on the remaining 20% of the lots. Acceptance of Lot C and the detention facility must be by the City Council as required by the Unified Development Code. Upon the City’s acceptance of the detention facility, the inspection, administrative and maintenance expenses incurred by the City of Dubuque for the storm water detention facility (Lot C) shall be assessed against the lot owners of Felderman 3 Subdivision as indicated above, and the preliminary plat, in proportion to the acreage of each lot, excluding Lots A, B and C, and the City Manager shall certify such costs to the City Clerk, who in turn shall promptly certify such costs to the Dubuque County Treasurer, and such costs shall then be collected with and in the same manner as general property taxes in accordance with provisions of law. Section 5. Owners of Lots 7, 8, 9, 10, 11, 12, 13 and 14 shall construct and maintain permanent rain gardens in accordance with the subdivision improvement plans on file with the City Engineer, in accordance with design standards for rain gardens in Iowa, and in a manner acceptable to the City Engineer. Said lot owners shall allow access to the City of Dubuque for inspections of the rain gardens. Section 6. That the planting of street trees shall be coordinated with the City Forester. Any trees planted within the street right-of-way must be chosen and planted by the City of Dubuque Leisure Services Department. Section 7. That the final acceptance of the public improvements shall occur upon certification of the City Engineer to the City Council that the public improvements have been completed in accordance with the approved improvement plans and City standards and specifications and accepted by City Council Resolution. Section 8. That in the event Arboretum Development, LLC, fails to execute the acceptance and furnish the guarantees provided in Sections 2 and 3 hereof within 180 days after the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedication and approval of the plat shall not be effective. th Passed, approved and adopted this 7 day of June, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk DuRide Contract: City Manager recommending approval of an agreement with DuRide to provide alternative transportation to senior citizens for Fiscal Year 2011. Upon motion the documents were received, filed, and approved. East Central Intergovernmental Association: City Manager recommending approval of a $1,500 contract with East Central Intergovernmental Association for grant administration services for the $1.5 million U.S. Economic Development Administration parking ramp grant. Upon motion the documents were received and filed and Resolution No. 168-10 Approving the contract for administration of an Economic Development Administration Grant to the East Central Intergovernmental Association was adopted. RESOLUTION NO. 168-10 APPROVING THE CONTRACT FOR ADMINISTRATION OF AN ECONOMIC DEVELOPMENT ADMINISTRATION GRANT TO EAST CENTRAL INTERGOVERNMENTAL ASSOCATION Whereas, the City of Dubuque, Iowa, is a party to the Agreement creating the East Central Intergovernmental Association (hereinafter called the ECIA) and is a member in good standing; and Whereas, the City of Dubuque, Iowa, wishes to engage the ECIA to provide certain technical and professional services for grant administration of the City of Dubuque’s Economic Development Administration Public Works Grant; and Whereas, Articles II, III (12), and VII (2) and (3) of the Articles of Agreement of the East Central Intergovernmental Association gives the ECIA the authority to perform services under consideration. 4 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The East Central Intergovernmental Association is hereby authorized to provide staff assistance as prescribed in the attached Contract for Services and Scope of Services in an amount not to exceed $1,500 for fiscal years FY2010 through FY2012 ending June 30, 2012. Section 2. The Mayor is hereby allowed to sign the award on behalf of the City. th Passed, approved and adopted this 7 day of June, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Continuation of Free Ride Program with Dubuque Community Schools: City Manager recommending approval of the continuation of the Free Ride Program with Dubuque Community Schools. Upon motion the documents were received, filed, and approved. Snow and Ice Removal Assessments: City Manager recommending approval to certify snow and ice removal charges to the Dubuque County Treasurer in order to establish real property liens for collection of such charges. Upon motion the documents were received and filed and Resolution No. 169-10 Authorizing the City to collect delinquent snow and ice removal and garbage collection charges in accordance with Title 6-6-3C2o; Title 6-6-4B3 and Title 6-6B of the Code of Ordinances of the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 169-10 AUTHORIZING THE CITY TO COLLECT DELINQUENT SNOW AND ICE REMOVAL AND GARBAGE COLLECTION CHARGES IN ACCORDANCE WITH TITLE 6-6-3C2o; TITLE 6-6- 4B3 & TITLE 6-6B OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, residential properties in the City of Dubuque are considered substandard if any conditions exist to an extent that endanger life, limb, property, safety or welfare of the public or the occupants thereof; and Whereas, whenever in the judgment of the Housing officer, a nuisance that is “palpably and indisputably such” exists which requires immediate action to protect the public health, safety or welfare of the public, the Housing Officer may order the emergency abatement of such; and Whereas, delinquent snow and ice removal and garbage collection charges shall be certified by the City Clerk to the Dubuque County Treasurer for collection with, and in the same manner as general property taxes. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the persons hereinafter, owning the properties set forth, are delinquent in the payment of snow and ice removal and garbage collection charges: NAME AND ADDRESS; PROPERTY DESCRIPTION; AMOUNT HSBC Mortgage Corporation, HSBC Mortgage Services, 636 Grand Regency Blvd, Brandon FL 33510, 10-24-426-020, Lot 73 East Dubuque Add, $200.00 Mid-America Property Management LLC, 604 Clinton Drive, East Dubuque IL 61025, 10-24- 437-001, N 2/3 Lot 197 East Dubuque Add 1292-1298 Elm, $254.00 GMAC Mortgage LLC, 1100 Virginia Drive, Fort Washington PA 19034, 15-01-178-013, Lot 1-6 Min Lot 501, $387.40 Citimortgage Inc, Successor IN Int To Abn Mortg, 1000 Technology Dr MS 314, O’Fallon MO 63368, 10-24-278-007, S ½ of Lot 111 East Dubuque Add, $385.00 5 Original Resource Inc, 4848 San Felipe Road #150-222, San Jose CA 95135, 10-24-263- 002, S ½ Lot 32 East Dubuque Add, $435.00 Dubuque Properties LLC, 1805 State Street Suite 103, Bettendorf, IA 52722, 10-24-215- 001, W 59’ of S 42’ of Lot 1-97 L H Langworthy’s Add 2076-2078 Washington, $440.00 Scott A Runde, P O Box 704, Cuba City WI 53807, 10-24-403-009, E ½-S 88’-E ½-S 2/5 of th City Lot 454 35-35 ½ W 15 St, $680.00 Secretary of Housing & Urban Dvt WA DC, C/O Bank of America, 7105 Corporate Drive Ptx- C-35, Plano TX 75024, 10-24-128-013, Lot 2-40 Tivoli Add, $595.00 State Central Bank, 1805 Kennedy Road, Dubuque IA 52001, 10-24-256-001, N 26’5” – N 2/5 of City Lot 436, $95.00 Judge Real Estate LLC, 605 Bluff Street #132, Dubuque IA 52001, 10-14-229-016, Lot 1 Linehan Park Add, $85.00 Nathan Boyes, 14130 Cypress Point, Dubuque IA 52002, 10-25-378-004, S 90’ of Lot 61 Union Add 977-979 Cleveland Ave, $65.00 Clara Craig Finger, 1955 Clarke Dr, Dubuque IA 52001, 10-23-329-021, Lot 2-1-1-1-1 Smyths Sub, $50.00 Secretary of Housing & Urban Dvlptm, C/O Best Assets Inc., 501 Marquette Ave Suite 1200, Minneapolis MN 55402, 10-24-129-012, Lot 18 Tivoli Add 2224-2226 Francis, $100.00 Edward Karwoski, 1504 Jackson Street, Dubuque IA 52001, 10-24-281-006, East Dubuque Add S ½-45, $107.00 John Walters Jr, 2840 Burlington St, Dubuque IA 52001, 10-14-428-011, Lot 2 Rachel C Sullivan Pl, $180.00 Tanya L Avenarius, 2015 Washington Street, Dubuque IA 52001, 10-24-214-019, N 46’-Lot 20 Steiner’s Add, $150.00 Deutsche Bank Natl Tr CO, Litton Loan Servicing LP, 4828 Loop Central Drive, Houston TX 77081, 10-13-159-007, Lot 1-103 Glendale Add, $160.00 BRP Properties LLC, 8505 Southern Hills Court, Dubuque IA 52003, 10-24-385-001, N ½ of Lot 13 N ½ of Lot 14 Farley Sub, $155.00 Five Star Realty Investments LLC, 1911 Hummingbird Drive, Dubuque IA 52002, 10-25- 104-017, Lot 7 of City Lot 738, $110.00 Freedom Properties LLC, 3500 Dodge Street #101, Dubuque IA 52003, 10-26-251-023, Lot 17 Hodges Sub, $100.00 Joseph A Puccio, 111 Kelly Lane, Galena IL 61036, 10-24-263-018, N 2’ ½ of Lot 89 & N ½ of Lot 89 East Dubuque Add, $65.00 Empress Enterprises LLC, 199 New Montgomery St #706, San Francisco CA 94105, 10-24- 403-017, Lot 1 of Winner Place, $110.00 CNI Properties LLC, 424 West Locust St, Dubuque IA 52001, 10-24-338-017, Lot 1-2-City Lot 667 & 2-2-2 of City Lot 667, $65.00 Mid-America Property Management LLC, 820 Alpine Street, Dubuque IA 52001, 10-24-385- 013, Lot 1-W ½ of Lot 17 Farleys Sub, $160.00 CNI Properites LLC, 424 West Locust St, Dubuque IA 52001, 10-24-336-002, S ½ of N 1/5 of City Lot 474 & N 3’ of NM 1/5 of City Lot 474, $145.00 William J & Joyce M Glasson, 9503 West Furlong Road, Galena IL 61036, 10-13-453-011, N 30’ Lot 39 Staffords Add, $387.00 French Market Estates LC, 3500 Dodge St #387, Dubuque IA 52003, 10-24-208-004, N ½- W ½-Lot 38 L H Langworthy’s Add 2136-2136 ½ White, $75.00 Seven Hills Development Inc, 2955 St Anne Drive, Dubuque IA 52001, 10-25-109-069, Lot th 2 Proctors Sub 917-919 W 5 St, $100.00 6 BRP Properties LLC, 8505 Southern Hills Court, Dubuque IA 52003, 10-26-232-003, Lot 1- 58 in S M Langworthys Add 1158-1160 University, $90.00 Section 2. That the City Clerk be and is hereby ordered and directed to certify to the County Treasurer of Dubuque County, Iowa, that the persons named hereinbefore are delinquent in the payment of snow and ice removal and garbage collection charges in the amount set aside of the respective names, and that said amounts shall be collected in the same manner as general property taxes against the respective parcels of property set opposite the names of the owners. th Passed, approved and adopted this 7 day of June, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Vacant and Abandoned Buildings (VABs) and Problem Property Assessments: City Manager recommending approval of vacant and abandoned building and problem property assessments. Upon motion the documents were received and filed and Resolution No. 170-10 Authorizing the City to collect delinquent vacant and abandoned building and problem property charges in accordance with Title 6-6-3B1h; Title l6-6-4B3 and Title 6-6B of the Code of Ordinances of the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 170-10 AUTHORIZING THE CITY TO COLLECT DELINQUENT VACANT AND ABANDONED BUILDING AND PROBLEM PROPERTY CHARGES IN ACCORDANCE WITH TITLE 6-6- 3B1h; TITLE 6-6-4B3 & TITLE 6-6B OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, residential properties in the City of Dubuque are considered hazardous or unsanitary premises if vacant and abandoned buildings and problem properties are allowed to deteriorate according to 6-6-3B1h; and Whereas, whenever in the judgment of the Housing officer, a nuisance that is “palpably and indisputably such” exists which requires immediate action to protect the public health, safety or welfare of the public, the Housing Officer may order the emergency abatement of such; and Whereas, delinquent vacant and abandoned building and problem property charges shall be certified by the City Clerk to the Dubuque County Treasurer for collection with, and in the same manner as general property taxes. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the persons hereinafter, owning the properties set forth, are delinquent in the payment of vacant and abandoned building and problem property charges: NAME AND ADDRESS; PROPERTY DESCRIPTION; AMOUNT Scott A Runde, P O Box 704, Cuba City WI 53807, 10-24-403-009, E1/2-S 88’-E ½-S 2/5 of th City Lot 454 35-35 ½ W 15 St, $60.00 Susan M & Gary E Bay, 80 West Dewey Street, Platteville WI 53818, 10-24-257-016, N ½ S 1/5 of City Lot 490, $1,335.40 L&R Estates LLC, 112 Parkway Circle, Delano MN 55328, 10-25-130-018, Lot 2-1-1-16 & Lot 2-1-16 Kellys Sub, $75.40 Mary K & Tod R Hollenback, 3248 Bittersweet Lane, Dubuque IA 52001, 10-13-157-005, W 85’ of S ½ of E 170’ of Lot 350 Davis Farm Add, $100.80 Antonio Conley, 2512 Broadway Street, Dubuque IA 52001, 10-13-431-012, Lot 1-1-37 Althausers Sub, $100.00 7 Section 2. That the City Clerk be and is hereby ordered and directed to certify to the County Treasurer of Dubuque County, Iowa, that the persons named hereinbefore are delinquent in the payment of vacant and abandoned building and problem property charges in the amount set aside of the respective names, and that said amounts shall be collected in the same manner as general property taxes against the respective parcels of property set opposite the names of the owners. th Passed, approved and adopted this 7 day of June, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Eide Bailly Audit Agreement: City Manager advising that the Eide Bailly Audit Engagement Letter has been signed for the fiscal year ending June 30, 2010. Upon motion the documents were received and filed. 2010 Justice Assistance Grant (JAG) Application: City Manager recommending approval of the 2010 Justice Assistance Grant (JAG) application. Upon motion the documents were received, filed, and approved. Health Choices Administrative Services Fee: City Manager recommending approval of the renewal fee from Health Choices for the City’s health insurance plan. Upon motion the documents were received, filed, and approved. Joint Development Agreement – International Business Machines: City Manager recommending approval of Amendment #2 to the Joint Development Agreement between the City of Dubuque and International Business Machines Corporation to conform the Joint Development Agreement to language in the final contract between the City and the Iowa Power Fund Board. Upon motion the documents were received, filed, and approved. Bosserman Aviation Equipment, Inc. – Airport Settlement: Assistant City Attorney recommending approval of the settlement of the claim with Bosserman Aviation Equipment, Inc. regarding installation of a self-fueling system for the Airport. Upon motion the documents were received, filed, and approved. Funders’ Network for Smart Growth and Livable Communities: City Manager submitting the complete memo regarding the Funders’ Network for Smart Growth and Livable Communities th which the City Council approved at the May 17 City Council meeting. Upon motion the documents were received and filed. Veterans Memorial Plaza: Communication from Richard E. Goebel regarding the Veterans Memorial Plaza. Motion by Jones to receive and file the documents and refer to the City Manager. Seconded by Connors. Motion carried 7-0. Music on the March: Communication from Greg Orwoll, Executive Director – Colts Drum and Bugle Corps, requesting an exemption from the noise ordinance and any enforcement of thth residential parking permit rules in and around Senior High School on June 30 and August 8 for the Music on the March Shows. Upon motion the documents were received, filed, and approved. 8 Board and Commission Resignations: Communication from Beverly A. Kolz submitting her resignation from the Carnegie-Stout Public Library Board of Trustees. Communication from Jim Allan submitting his resignation from the Human Rights Commission. Communication from Susan M. Balsamo submitting her resignation from the Civic Center Commission. Upon motion the documents were received and filed and the resignations accepted. Civil Service Commission: Civil Service Commission submitting the certified list for the position of Truck Driver. Upon motion the document was received and filed and made a Matter of Record. May 14, 2010 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Truck Driver was given on April 27, 2010. We hereby certify that the individuals listed on the attached sheet have passed this written examination and the vacancy for this position should be made from this list and that this list is good for two (2) years from above date. Respectfully submitted, Daniel White, Chairperson Bette Takes Civil Service Commission Truck Driver Jon Herrig Mark Culbertson DeVon Welty Bandon Rondeau Jay Valentine Drew Noel David Jackson Dale Mueller Lucas Gonyier Ed Manternach Jesse Begle Bruce Henning Richard Tomkins Rick Dougherty Samuel Moore Daniel Mayne Frank Kulpa Jerry Powers Matt Kremer Chris Oberbroeckling Richard Hartman Tim Neuhaus Marty Gibbs Michael Rettenberger Charles Wehrspann Chris Reinert Jason Eudaley Tim Lawler Steven Dunne Patrick Donovan Joseph Schmitt Scott Nicks David Johnson Nicholas Hosch John Greenwood Donald Menadue Jesse Gaherty Corey Leach Jeff Steur Brian Kelly Nicholas Wilson Raymond Behnke Mike Sears Steve Haggerty Nicholas Connolly City Development Board: Communication from the City Development Board submitting the Filing of Written Decision and Findings of Fact and Conclusions of Law and Determination in the matter of the City of Asbury voluntary annexation within the urbanized area of the City of Dubuque. Upon motion the documents were received and filed. Highway 151 & 61 Development – Setting Fair Market Value: City Manager recommending approval of the fair market value for property owned by Highway 151 & 61 Development, LLC, for the Bee Branch Creek Restoration Project. Upon motion the documents were received and 9 filed and Resolution No. 171-10 Establishing the fair market value of certain real property owned by Highway 151 & 61 Development, LLC, was adopted. RESOLUTION NO. 171-10 ESTABLISHING THE FAIR MARKET VALUE OF CERTAIN REAL PROPERTY OWNED BY HWY 151 & 61 DEVELOPMENT, LLC IN THE CITY OF DUBUQUE, IOWA Whereas, the City of Dubuque (City) intends to acquire certain real property owned by Hwy 151 & 61 Development, LLC (Owner), legally described as follows (the Property): Lot B of Riverview Plaza, in the City of Dubuque, Dubuque County, Iowa, as shown on Exhibit A attached hereto for the purpose of the stormwater conveyance associated with the restoration of the Bee Branch Creek; and Whereas, Iowa law requires that City must make a good faith effort to negotiate with the Owner to purchase the Property before proceeding with condemnation; and Whereas, City has caused an appraisal of the property to be made and the appraised value of the property is $300,000.00; and Whereas, the City Council now desires to establish the fair market value of the property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 1. The fair market value of the Property is hereby established to be $300,000.00. 2. The City Manager is hereby authorized to commence negotiations with the Owner of the Property and any other interested parties for the purchase of the Property for a purchase price which is not less than the fair market value established by this resolution. th Passed, approved and adopted this 7 day of June, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk SB Development – Setting Fair Market Value: City Manager recommending approval of the establishment of the fair market value for property owned by SB Development for the Bee Branch Creek Restoration Project. Upon motion the documents were received and filed and Resolution No. 172-10 Establishing the fair market value of certain real property owned by SB Development, LLC in the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 172-10 ESTABLISHING THE FAIR MARKET VALUE OF CERTAIN REAL PROPERTY OWNED BY SB DEVELOPMENT, LLC IN THE CITY OF DUBUQUE, IOWA Whereas, the City of Dubuque (City) intends to acquire certain real property owned by SB Development, LLC (Owner), legally described as follows (the Property): Lot 1-354 East Dubuque Addition, in the City of Dubuque, Dubuque County, Iowa, as shown on Exhibit A attached hereto for the purpose of the stormwater conveyance associated with the restoration of the Bee Branch Creek; and Whereas, Iowa law requires that City must make a good faith effort to negotiate with the Owner to purchase the Property before proceeding with condemnation; and Whereas, City has caused an appraisal of the property to be made and the appraised value of the property is $35,000.00; and Whereas, the City Council now desires to establish the fair market value of the property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 1. The fair market value of the Property is hereby established to be $35,000.00. 10 2. The City Manager is hereby authorized to commence negotiations with the Owner of the Property and any other interested parties for the purchase of the Property for a purchase price which is not less than the fair market value established by this resolution. th Passed, approved and adopted this 7 day of June, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Letter of Support for Harkin Wellness Grant: City Manager recommending approval of a letter of support for the Dubuque County Board of Health’s application for a Harkin Wellness Grant. Upon motion the documents were received, filed, and approved. COPS Grant Application: City Manager recommending approval of a Community Oriented Policing Services (COPS) Hiring Recovery Grant application for the purpose of obtaining grant funding for four police officer positions. Upon motion the documents were received, filed, and approved. Signed Contracts: Northern Illinois University – Crime/Poverty Research Study. Upon motion the documents were received and filed. 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. 173-10 Granting the issuance of a Class “C” Beer Permit to Beecher Beverage, McCann’s Service, Cedar Cross Amoco, Kwik Star #495 and Kmart #4018; and Resolution No. 174-10 Granting the issuance of a Class “C” Beer/Liquor License to Dubuque Bowling Lanes, Murph’s South End and Los Aztecas; a Class “B” Wine Permit to Kmart #4018 and Beecher Beverage; a Special Class “C” (Five Day Special Event) Beer/Liquor License to Dubuque Jaycees; and a Class “BW” (Five Day Special Event) Liquor License to Dubuque Jaycees were adopted. RESOLUTION NO. 173-10 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 Beecher Co., Inc. Beecher Beverage +(Sunday Sale) 1691 Asbury Road McCann’s Service, Inc. McCann’s Service +(Sunday Sale) 690 W. Locust Street LB Metcalf, Inc. Cedar Cross Amoco +(Sunday Sale) 1200 Cedar Cross Kwik Trip, Inc. Kwik Star #495 +(Sunday Sale) 2685 Dodge Street Kmart Corporation Kmart # 4018 +(Sunday Sale) 2600 Dodge Street Passed, approved and adopted this 7th day of June, 2010 Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 11 RESOLUTION NO. 174-10 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 James Ferring Dubuque Bowling Lanes 1029 ½ Main Street +(Sunday Sale) Pamela Murphy Murph’s South End 55 Locust Street Hildalgo, Inc. Los Aztecas III Mexican Restaurant 2345 NW Arterial +(Sunday/Outdoor Sale) CLASS “B” WINE Kmart Corporation Kmart # 4018 2600 Dodge Street Beecher Beverage Beecher Beverage 1691 Asbury Road CLASS “C” BEER/LIQUOR (5-DAY SPECIAL EVENT LICENSE) Dubuque Jaycees Dubuque Jaycees+(Sunday Sale) Bell Street SPECIAL CLASS “C” (BW) LIQUOR (5-DAY SPECIAL EVENT LICENSE) Dubuque Jaycees Dubuque Jaycees Town Clock Plaza Passed, approved and adopted this 7th day of June, 2010 Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk ITEMS TO BE SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, adopt the resolutions, set the public hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Voetberg. Motion carried 7-0. Loan Agreement with Iowa Finance Authority: City Manager recommending that a public hearing be set for June 21, 2010 to consider a loan agreement with the Iowa Finance Authority for $4.5 million to create workforce housing rental units in the Historic Millwork District. Upon motion the documents were received and filed and Resolution No. 175-10 Fixing date for a meeting on the authorization of a loan agreement with the Iowa Finance Authority in the principal amount of $4,500,000 and providing for publication of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 21, 2010 in the Historic Federal Building. RESOLUTION NO. 175-10 FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF A LOAN AGREEMENT WITH THE FINANCE AUTHORITY IN THE PRINCIPAL AMOUNT OF $4,500,000, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF Whereas, it is deemed necessary and advisable that the City of Dubuque, State of Iowa, should provide for the authorization of a Loan Agreement in the amount of $4,500,000, as authorized by Sections 384.24A and 384.25, Code of Iowa, as amended, for the purpose of 12 providing funds to pay costs of carrying out an essential corporate purpose project as hereinafter described; and Whereas, the Loan Agreement shall be payable from the Debt Service Fund; and Whereas, before a Loan Agreement may be authorized and to evidence the obligation of the City thereunder, it is necessary to comply with the provisions of the City Code of Iowa, as amended, and to publish a notice of the proposal and of the time and place of the meeting at which the Council proposes to take action for the authorization of the Loan Agreement and to receive oral and/or written objections from any resident or property owner of the City to such action. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, STATE OF IOWA: Section 1. That this Council meet in the Historic Federal Building, 350 West 6th Street, st Dubuque, Iowa, at 6:30 o'clock PM, on the 21 day of June, 2010 for the purpose of taking action on the matter of the authorization of a Loan Agreement with the Iowa Finance Authority in the amount of $4,500,000 to evidence the obligations of the City thereunder for an essential corporate purpose of the City, the proceeds of which will be used to pay costs of the funding of workforce housing assistance loans to private developers constructing improvements and rehabilitating historic buildings for residential and commercial use in the Greater Downtown Urban Renewal Area. Section 2. To the extent any of the projects or activities described in this resolution may be reasonably construed to be included in more than one classification under Division III of the City Code of Iowa, the Council hereby elects the "essential corporate purpose" classification and procedure with respect to each such project or activity, pursuant to Section 384.28 of the City Code of Iowa. Section 3. That the Clerk is hereby directed to cause at least one publication to be made of a notice of the meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in the City. The publication to be not less than four clear days nor more than twenty days before the date of the public meeting on the issuance of the Loan Agreement. Section 4. The notice of the proposed action shall be in substantially the [provided] form. th Passed and approved this 7 day of June, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Victory Café – Development Agreement: City Manager recommending that a public hearing be set for June 21, 2010 to consider approval of a Development Agreement between the City and Victory Café – Dubuque, Inc., to redevelop property at 756 Main Street. Upon motion the documents were received and filed and Resolution No. 176-10 Fixing the date for a public hearing of the City Council of the City of Dubuque, Iowa, on the proposed issuance of Urban Renewal Tax Increment Revenue Obligations and the execution of a Development Agreement relating thereto with the Victory Café – Dubuque, Inc., and providing for the publication of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 21, 2010 in the Historic Federal Building. 13 RESOLUTION NO. 176-10 FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, ON THE PROPOSED ISSUANCE OF URBAN RENEWAL TAX INCREMENT REVENUE OBLIGATIONS AND THE EXECUTION OF A DEVELOPMENT AGREEMENT RELATING THERETO WITH THE VICTORY CAFE - DUBUQUE, INC., AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, City and The Victory Cafe – Dubuque, Inc., have entered into a Development Agreement, subject to the approval of the City Council, a copy of which is now on file at the Office th of the City Clerk, City Hall, 13 and Central Avenue, Dubuque, Iowa, as shown on Exhibit A attached hereto; and Whereas, the City Council has tentatively determined that it would be in the best interests of the City to approve the Development Agreement, with The Victory Cafe – Dubuque, Inc. ; and Whereas, it is deemed necessary and advisable that City should authorize Urban Renewal Tax Increment Revenue obligations, as provided by Chapter 403 of the Code of Iowa, and to enter into the Development Agreement relating thereto for the purpose of carrying out an Urban Renewal Plan as hereinafter described; and Whereas, before said obligations may be approved, Chapter 403 of the Code of Iowa requires that the City Clerk publish a notice of the proposal and of the time and place of the meeting at which the City Council proposes to take action thereon and at which meeting the City Council shall receive oral and/or written objections from any resident or property owner of said City to such proposed action. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Clerk is hereby authorized and directed to cause this Resolution and a notice to be published as prescribed by Iowa Code Section 403.9 of a public hearing on the City's st intent to authorize Urban Renewal Tax Increment Revenue obligations, to be held on the 21 day of June, 2010, at 6:30 o'clock p.m. in the City Council Chambers at the Historic Federal Building, 350 W. 6th St., Dubuque, Iowa. Section 2. The City Council will meet at said time and place for the purpose of taking action on the matter of authorizing Urban Renewal Tax Increment Revenue obligations and the execution of the Development Agreement relating thereto with The Victory Cafe – Dubuque, Inc., the proceeds of which obligations will be used to carry out certain of the special financing activities described in the Urban Renewal Plan for the Greater Downtown Urban Renewal District, consisting of the funding of economic developments grants to The Victory Cafe – Dubuque, Inc., pursuant to the Development Agreement under the terms and conditions of said Urban Renewal Plan. It is expected that the aggregate amount of the Tax Increment Revenue obligations is approximately $106,000. Section 3. The Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four days nor more than twenty days before the date of said meeting on the issuance of said obligations. Section 4. That the notice of the proposed action to issue said obligations shall be in substantially the form [provided] hereto. th Passed, approved and adopted this 7 day of June, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 14 Dubuque Regional Airport – Jet Drive Resurfacing Project: City Manager recommending initiation of the public bidding process for the Dubuque Regional Airport – Jet Drive Resurfacing Project and that a public hearing be set for June 21, 2010 to consider approval of the plans and specifications, form of contract and estimated cost. Upon motion the documents were received and filed and Resolution No. 177-10 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing and ordering bids for the Dubuque Regional Airport – Jet Drive Resurfacing Project was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 21, 2010 in the Historic Federal Building. RESOLUTION NO. 177-10 DUBUQUE REGIONAL AIRPORT JET CENTER DRIVE RESURFACING PROJECT PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the Dubuque Regional Airport Jet Center Drive Resurfacing Project, in the estimated amount $97,584.63, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. st A public hearing will be held on the 21 day of June, 2010 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 Dubuque Regional Airport Jet Center Drive Resurfacing Project is hereby ordered to be advertised for bids for construction. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. The City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, by publishing the attached Notice to Bidders to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four but not more than forty-five days before the date for filing bids th before 2:00 p.m. on the 24 day of June, 2010. 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 th 6 day of July, 2010, in the Historic Federal Building Council Chambers (second floor), 350 th West 6 Street, Dubuque, Iowa. th Passed, adopted and approved this 7 day of June, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 15 IA 32 Geometric and Signalization Improvements – US 20 to JFK Road Project: City Manager recommending initiation of the public bidding process for the IA 32 Geometric and Signalization Improvements – US 20 to JFK Road Project and that a public hearing be set for June 21, 2010 to consider approval of the plans and specifications, form of contract and estimated cost. Upon motion the documents were received and filed and Resolution No. 178- 10 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing and ordering bids for the IA 32 Geometric and Signalization Improvements – US 20 to JFK Road Project was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 21, 2010 in the Historic Federal Building. RESOLUTION NO. 178-10 IA 32 GEOMETRIC AND SIGNALIZATION IMPROVEMENTS PROJECT, US 20 TO JOHN F. KENNEDY ROAD, IOWA DOT PROJECT NO. STP-A-32-1(29)--86-31 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 IA 32 Geometric and Signalization Improvements Project, US 20 to John F. Kennedy Road, Iowa, DOT Project No. STP-A-32-1(29)--86-31, in the estimated amount $791,110.05, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. st A public hearing will be held on the 21 day of June, 2010 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 IA 32 Geometric and Signalization Improvements Project, US 20 to John F. Kennedy Road, Iowa DOT Project No. STP-A-032-1(29)--86-31 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 before 10:00 a.m. Central Time, with opening and reading of bids by the Iowa Department of th Transportation on the 15 day of June, 2010. Bids shall be opened and read by the Iowa Department of Transportation after 10:30 a.m. Central Time on the same date and will be th submitted to the City Council for final action on the 6 day of July, 2010 in the Historic Federal th Building Council Chambers (second floor), 350 West 6 Street, Dubuque, Iowa. th Passed, adopted and approved this 7 day of June, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 16 thth Green Alley Project – 15 to 16 Streets from Washington to Elm Streets: City Manager thth recommending initiation of the public bidding process for the Green Alley Project – 15 to 16 Streets from Washington to Elm Streets and that a public hearing be set for June 21, 2010 to consider approval of the plans and specifications, form of contract and estimated cost. Upon motion the documents were received and filed and Resolution No. 179-10 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing and thth ordering bids for the Green Alley Project – 15 to 16 Streets from Washington to Elm Streets was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 21, 2010 in the Historic Federal Building. RESOLUTION NO. 179-10 THTH GREEN ALLEY PROJECT (15 – 16, BETWEEN WASHINGTON & ELM STREETS) 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 Green Alley thth Project (15 – 16, between Washington & Elm Streets), in the estimated amount $165,091.80, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. st A public hearing will be held on the 21 day of June, 2010 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. thth The Green Alley Project (15 – 16, between Washington & Elm Streets) is hereby ordered to be advertised for bids for construction. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. The City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, by publishing the attached Notice to Bidders to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four but not more than forty-five days before the date for filing bids th before 2:00 p.m. on the 24 day of June, 2010. 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 th 6 day of July, 2010 in the Historic Federal Building Council Chambers (second floor), 350 th West 6 Street, Dubuque, Iowa. th Passed, adopted and approved this 7 day of June, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Tenth and Central Parking Ramp and Fire Headquarters Expansion Project: City Manager recommending initiation of the public bidding process for the Tenth and Central Parking Ramp 17 and Fire Headquarters Expansion Project and that a public hearing be set for June 21, 2010, to consider approval of the plans and specifications, form of contract and estimated cost. Upon motion the documents were received and filed and Resolution No. 180-10 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing and ordering bids for the Tenth and Central Parking Ramp and Fire Headquarters Expansion Project was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 21, 2010 in the Historic Federal Building. RESOLUTION NO. 180.10 TH 10 & CENTRAL PARKING RAMP AND FIRE HEADQUARTERS EXPANSION PROJECT PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: th The proposed plans, specifications, form of contract and estimated cost for the 10 & Central Parking Ramp and Fire Headquarters Expansion Project, in the estimated amount th $9,754,412.00 for the 10 & Central Parking Ramp (partially funded by the US Department of Commerce, Economic Development Administration) $689,060.00 for the Fire Headquarters Expansion (completely funded by General Obligation Bonds), are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. st A public hearing will be held on the 21 day of June, 2010 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. th The 10 & Central Parking Ramp and Fire Headquarters Expansion Project is hereby ordered to be advertised for bids for construction. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. The City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, by publishing the attached Notice to Bidders to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four but not more than forty-five days before the date for filing bids th before 2:00 p.m. on the 29 day of June, 2010. Bids shall be opened and read by the City Clerk at said time and will be submitted to the th City Council for final action at 6:30 p.m. on the 6 day of July, 2010, in the Historic Federal th Building Council Chambers (second floor), 350 West 6 Street, Dubuque, Iowa. th Passed, adopted and approved this 7 day of June, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 18 Neighborhood Stabilization Program: City Manager recommending that a public hearing be set for June 21, 2010 to consider approval of an application to the Iowa Department of Economic Development (IDED) for Neighborhood Stabilization Program (NSP) funds. Upon motion the documents were received and filed and Resolution No. 181-10 Setting a public hearing on an application to the Iowa Department of Economic Development (IDED) for Neighborhood Stabilization Program funds was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 21, 2010 in the Historic Federal Building. RESOLUTION NO. 181-10 SETTING A PUBLIC HEARING ON AN APPLICATION TO THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT (IDED) FOR NEIGHBORHOOD STABILIZATION PROGRAM FUNDS Whereas, the US Department of Housing and Urban Development (HUD) has made available funding to state and local governments to respond to the increased number of foreclosures, by passage of the Housing and Economic Recovery Act of 2008; and Whereas, IDED has recaptured funds previously allocated to Iowa municipalities and has now made these funds available for application; and Whereas, the City of Dubuque intends to apply for these funds to be used to acquire, renovate and re-sell foreclosed and vacant and abandoned properties; and Whereas, IDED requires that a municipality’s governing body hold a public hearing as a condition of application for these funds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council will meet in the Federal Building, Council Chambers, 350 th West 6 Street, Dubuque, Iowa, at 6:30 p.m. on June 21, 2010 for the purpose of holding a public hearing and taking action on this application. Section 2. That the City Clerk be and is hereby authorized and directed to publish a notice of such public hearing and the City Council’s intent to review and take action on the application for Neighborhood Stabilization Program funds. th Passed, approved and adopted this 7 day of June, 2010. Roy D Buol, Mayor Attest: Jeanne F Schneider, CMC, City Clerk Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District: City Manager recommending that a public hearing be set for July 19, 2010 to consider an amendment to the Urban Renewal Plan for the Greater Downtown Urban Renewal District to add the Bluff Street Subarea. Upon motion the documents were received and filed and Resolution No. 182-10 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 adopted setting a public hearing for a meeting to commence at 6:30 p.m. on July 19, 2010 in the Historic Federal Building. RESOLUTION NO. 182-10 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 . 19 Whereas, the City Council of the City of Dubuque has heretofore, by Resolution No. 393-09 adopted on October 5, 2009 approved the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District (a merger of the Downtown Dubuque and Ice Harbor Urban Renewal Districts) (the “District”) in order to provide redevelopment opportunities which will further the purposes and objectives of the foregoing Urban Renewal Plan; and Whereas, the City Council has found that certain areas adjacent to the District meet the definition of a blighted area as found in Chapter 403 "Urban Renewal" of the Iowa Code; and Whereas, Chapter 403 of the Iowa Code requires that before urban renewal authority may be exercised, a City Council must adopt a resolution of necessity finding that the area in question is a slum, blighted or economic development area, and that so designating such area is necessary in the interest of the public health, safety or welfare of the residents of the municipality. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the following generally described area, which is proposed to be added to the Greater Downtown Urban Renewal District, is a blighted area as defined by Chapter 403 of the Iowa Code and is appropriate for an urban renewal project, to wit: 1) Bluff Street Subarea Commencing as a point of reference at the intersection of the centerlines of W. Sixth Street and Bluff Street in the City of Dubuque, Dubuque County, Iowa, said point being the point of beginning; thence southeasterly along the centerline of Bluff Street to a point of intersection with the northerly line of the south 62.5 ft. of the north 64 ft. of City Lot 617 extended southeasterly; thence southwesterly along said northerly line to the easterly line of Lot 1 of City Lot 690; thence northwesterly along the easterly line of said Lot 1 to the northeast corner of said Lot 1; thence southwesterly along the northerly line of said Lot 1 to the northwest corner of said Lot 1; thence southeasterly along the westerly line of said Lot 1 to a point of intersection with northerly right of way line of W. Fifth Street; thence southwesterly along said right of way line of W. Fifth St. to the southeast corner of the South 73’ of Lot 13 of Coriell’s Dubuque; thence northwesterly 73’ along the easterly line of said South 73’ of Lot 13 of Coriell’s Dubuque to the northeast corner of the South 73’ of Lot 13 of Coriell’s Dubuque; thence southwesterly along the northerly line of said South 73’ of Lot 13 of Coriell’s Dubuque to a point of intersection with westerly line of Lot 13 of Coriell’s Dubuque; thence northwesterly along said westerly line of Lot 13 to a point of intersection with the southerly line of Lot 33 of Coriell’s Dubuque; thence northeasterly along said southerly line of Lot 33 to a point of intersection with the westerly line of Lot 14 of Coriell’s Dubuque’ thence northwesterly along said westerly line of said Lot 14 to a point of intersection with the southerly line of Lot 34 of Coriell’s Dubuque; thence northeasterly along said southerly line of Lot 34 to the easterly line of Coriell’s Dubuque; thence northwesterly along said easterly line Lots 34, 35, 36, 37, 38, and 44 of Coriell’s Dubuque to the northwest corner of the North 50’ of Lot 1 of Lot 1 of City Lot 653; thence northeasterly along the northerly line of said North 50’ of Lot 1 of Lot 1 of City Lot 653 to the southeast corner of Lot 1 of McKinlay’s Subdivision; thence northwesterly along said easterly line of said Lot 1 and extension thereof to a point of intersection with the centerline of West Eighth Street; thence northwesterly along said centerline of West Eighth Street to a point of intersection with the westerly line of Lot 1 of the Subd’n. of City Lot 688 and part of City Lot 654 extended southerly; thence northwesterly along said westerly line of Lot 1 and extension thereof northerly to a point of intersection with the centerline of West Ninth Street; thence southwesterly along the centerline of West Ninth Street to a point of intersection with the southerly extension of the westerly line of Lot 2 of Lot 12 of Central Addition; thence northwesterly along said westerly right of Lot 2 of Lot 12 to the northwest corner of said Lot; 20 thence northeasterly along the northerly line of said Lot 2 of Lot 12 to the northeast corner of said Lot; thence southeasterly along said easterly line of said Lot 2 of Lot 12 to the southwest corner of Lot 1 of Lot 11 of Central Addition; thence northeasterly along the southerly line of Lot 1 of Lot 11 and Lot 1 of Lot 10 of Central Addition to a point of intersection with the westerly line of Lot 1 of Lot 9 of Central Addition; thence northwesterly along said westerly line of Lot 1 of Lot 9 to a point of intersection with the southerly right of way line of a public alley in Central Addition; thence northeasterly along said southerly line to a point of intersection with the westerly line of Lot 1 of 1 of 10 of Lorimer’s Subdivision; thence northwesterly along said westerly line of said Lot 1 of 1 of 10 to the northerly line of Lorimer’s Subdivision; thence northeasterly along the northerly line of Lorimer’s Subdivision to the southeast corner of a public alley between Corkery’s Subdivision and City Lot 655; thence northwesterly along the easterly right of way line of said alley to a point of intersection with West Eleventh Street; thence southwesterly along centerline of West Eleventh Street to a point of intersection with the centerline of Grove Terrace; thence northwesterly along centerline of Grove Terrace to a point of intersection with the northerly right of way line of Arlington Street; thence northeasterly along the northerly right of way line of Arlington Street to the southeast corner of City Lot 769B; thence northwesterly along the easterly line of said City Lot 769B to a point of intersection with the southerly line of Lot 3 of Brown’s Subdivision; thence southwesterly along the southerly line of said Lot 3 to the southwest corner of said lot; thence northwesterly along the westerly line of said Lot 3 and extension thereof to a point of intersection with the centerline of Loras Boulevard; thence northeasterly along said centerline to a point of intersection with the centerline of Locust Street; thence southeasterly along the centerline of Locust Street to a point of intersection with the centerline of W. Eleventh Street; thence southwesterly along the centerline of W. Eleventh Street to a point of intersection with the centerline of Bluff Street; thence southeasterly along the centerline of Bluff Street to a point of intersection with the extension of the southerly line of City Lot 658A; thence northeasterly along the southerly line of City Lot 658A extended and the southerly line of City Lot 658, except the southerly one foot thereof, extended to a point of intersection with the centerline of Locust Street; thence southeasterly along the centerline of Locust Street to a point of intersection with the centerline of West Ninth Street; thence southwesterly along the centerline of West Ninth Street to a point of intersection with the centerline of Bluff Street; thence southeasterly along the centerline of Bluff Street to a point of intersection with the centerline of West Eighth Street; thence northeasterly along the centerline of West Eighth Street to a point of intersection with the centerline of Locust Street; thence southeasterly along the centerline of Locust Street to a point of intersection with the northerly line of City Lot 624 extended northeasterly; thence southwesterly along the northerly line of City Lot 624 extended southeasterly to the centerline of a public alley; thence southeasterly along the centerline of a public alley to a point of intersection with the centerline of W. Seventh Street; thence northeasterly along the centerline of W. Seventh Street to a point of intersection with Locust Street; thence southeasterly along the centerline of Locust Street to a point of intersection with West Sixth Street; thence southwesterly along the centerline of West Sixth Street to a point of intersection with Bluff Street said point being the point of beginning. Section 2. That the development of the above-described expansion area is necessary and appropriate to facilitate the proper growth and development of the community in accordance with sound planning and local community objectives. Section 3. That the City Manager is authorized and directed to prepare an Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District for the purpose of including the above-described areas in the District, to forward said amendment to 21 the City's Long Range Planning Commission for review and comment, and to begin the consultation process required by law with affected taxing entities. Section 4. That the City Clerk is directed to publish notice of a public hearing on the adoption of the proposed Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District to be held on July 19, 2010 at 6:30 p.m. in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa 52001 and that said notice shall generally identify the areas covered by the Amended and Restated Plan, the areas proposed to be added to the District, and the general scope of the urban renewal activities planned for such areas, and that said notice shall be published and available to the public not less than four days nor more than twenty days before the date of said meeting. A copy of the notice of public hearing shall be sent by ordinary mail to the affected taxing entities. Section 5. That the City Clerk is further directed to send by ordinary mail a copy of said Plan and notice of public hearing to the Dubuque Community School District, the County Board of Supervisors and the Northeast Iowa Community College, as the affected taxing entities. th Passed, approved and adopted this 7 day of June, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions: Arts and Cultural Affairs Advisory Commission (Arts Community Representatives). Four 3- year terms through June 30, 2013 (Terms of Hemmer, Kames, Kohl, Riedel). Applicants: Thomas Goodman, 3559 Copper Field Court; Paul Hemmer, 2375 Simpson Street; Louise Kames, 900 Clarke Drive; Paul Kohl, 60 Lindberg Terrace; Marina O’Rourke Rosenow, 2085 Mullen Road; Susan Riedel, 282 Kelly’s Bluff. Mr. Goodman, Mr. Kohl, Ms. O’Rourke, and Ms. Riedel spoke in support of their appointment. Ms. Kames submitted correspondence in support of her appointment. Civic Center Commission: Three 4-year terms through June 29, 2013 (Terms of Bakke, Balsamo, Kurt). Applicants: Rod Bakke, 3030 Karen Street; Marilynne Field, 1805 Eden Lane; Barb Kurt, 1304 Atlantic Street. Historic Preservation Commission (Jackson Street Historic District). One 3-year term th through July 1, 2013 (Term of McDonell). Applicant: Robert McDonell, 135 West 17 Street. Human Rights Commission: One 3-year term through January 1, 2011 (Term of Allan). Applicants: Frederick Davis, Jr., 2374 Green Street; Robert Yunk, 815 Rose Street, Apt. 2. Mr. Davis and Mr. Yunk spoke in support of their appointment. Investment Oversight Advisory Commission: One 3-year term through July 1, 2013 (Term of Reisdorf). Applicant: Stephen Reisdorf, 740 Brookview Square. Library Board of Trustees: Two 4-year terms through July 1, 2014 (Terms of Guns and Kolz). Applicants: Diann Guns, 1715 Diane Court; Fred Miller, 2462 Central Avenue; Gail Murphy, 3097 Oak View Court; Lorri Regan, 2659 Queen Street. Ms. Guns, Mr. Miller and Ms. Murphy spoke in support of their appointment. Long Range Planning Advisory Commission: Two 3-year terms through July 1, 2013 (Terms of Prochaska and Winterwood). Applicants: Lou Oswald, 1080 Nowata Street; James Prochaska, 1410 Parkway Street; Charles Winterwood, 1555 Montrose Terrace. Mr. Prochaska submitted correspondence in support of his appointment. Park and Recreation Commission: Three 3-year terms through June 30, 2013 (Terms of th Harjehausen, Hoffmann, Lyness). Applicants: Shane Duncan, 623 West 8 Street; Don Foley, 22 2489 Wheatland Drive; Charles Harris, 2473 Jackson Street; Paul Hoffman, 174 Bradley Street; Kenneth Klinge, 2267 Carter Road; Karen Lyness, 89 Alpine Street; David Schlueter, 2645 Crescent Ridge. Each applicant, with the exception of Mr. Klinge, spoke in support of their appointment. TV Cable Regulatory Commission: One 3-year term through June 30, 2013 (Term of Stevens). Applicant: Kevin Stevens, 1735 Lawndale Street. Zoning Advisory Commission: Two 3-year terms through July 1, 2010 (Terms of Norton and Stiles). Applicants: Patrick Norton, 2739 Burden Avenue; Jeff Stiles, 3087 Central Avenue. Mr. Norton and Mr. Stiles spoke in support of their appointment. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone present to address the City Council. Dubuque Industrial Center – Planned Unit Development District (Tabled on December 7, 2009): City Manager requesting that this item be tabled to December 20, 2010. Proof of publication on notice of public hearing to consider a request from the City of Dubuque/ Dubuque Initiatives to amend the Planned Unit Development (PUD) for the Dubuque Industrial Center, located on Chavenelle Road and the Northwest Arterial, to change the designation of property from open space to commercial and Zoning Advisory Commission recommending approval, with conditions. Motion by Voetberg to remove from the table, receive and file the documents and table until December 20, 2010 a proposed ordinance amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by adopting a revised Planned Unit Development Ordinance for the Dubuque Industrial Center Phases I and II located at the southwest corner of Highway 32 (Northwest Arterial) and Chavenelle Road and by repealing Ordinance 22-07. Seconded by Resnick. Motion carried 7-0. Sale of Property – 1523 Elm Street: Proof of publication on notice of public hearing to consider the sale of property located at 1523 Elm Street to Ruth Jurisic and City Manager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 183-10 Disposing of City-owned property, specifically the south one-half of Lot 148 and the south one foot of the north one-half of Lot 148 in East Dubuque, an addition to the City of Dubuque, County of Dubuque, Iowa, according to the recorded plat thereof – 1523 Elm Street. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 183-10 APPROVING THE SALE OF REAL ESTATE SPECIFICALLY, SOUTH ONE HALF OF LOT ONE HUNDRED FORTY-EIGHT (148) AND THE SOUTH ONE (1) FOOT OF THE NORTH ONE HALF OF LOT (148) ONE HUNDRED FORTY EIGHT IN EAST DUBUQUE, AN ADDITION TO THE CITY OF DUBUQUE COUNTY OF DUBUQUE, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF – 1523 ELM STREET Whereas, pursuant to a notice, duly published in the Telegraph Herald newspaper, in the City Council of Dubuque, Iowa, met on the May 17, 2010, in the Dubuque Historic Federal th Building, 350 West 6 Street, Dubuque, Iowa, to consider the proposal to dispose of City- owned real estate located at 1523 Elm Street. The South one half of Lot 148 and the South one foot of the North one half of Lot 148 in East Dubuque, an Addition to the City of Dubuque, County of Dubuque, Iowa, according to the recorded Plat thereof; and 23 Whereas, such purpose supports the Washington Neighborhood revitalization strategy as approved by the City Council; and Whereas, the City has received an offer to purchase this property from a qualifying household; and Whereas, a qualifying home buyer has signed an offer to purchase and has obtained financing from a local lender; and Whereas, the City Council of the City of Dubuque, Iowa, has overruled any and all objections, oral and written, to the proposal to dispose of the interest of the City of Dubuque, Iowa, in the herein and above-named real estate to the above-named grantee. 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 sale of the following legally- described property: The South one half of Lot 148 and the South one foot of the North one half of Lot 148 in East Dubuque, an Addition to the City of Dubuque, County of Dubuque, Iowa, according to the recorded Plat thereof, at the cost of Eighty-five thousand dollars. ($85 000). Section 2. That the City of Dubuque be and is hereby authorized to provide a Warranty Deed to the buyer, conveying the City’s interest to Ruth Jurisic for the herein-described real estate. Section 3. That the City Clerk be and is hereby authorized an directed to cause said Warranty Deed to be recorded in the Office of the Dubuque County Recorder, together with certified copy of the Resolution. Section 4. That the City Clerk be and she is hereby authorized and directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. th Passed, approved and adopted this 7 day of June, 2010. Roy D Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk Sale of Property – 1925 Washington Street: Proof of publication on notice of public hearing to consider the sale of property located at 1925 Washington Street to Robert Mootz and City Manager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 184-10 Disposing of City-owned property, specifically, Lot 6 of Mineral Lot 100 in the City of Dubuque, County of Dubuque, Iowa, according to the recorded plat thereof – 1925 Washington Street. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 184-10 APPROVING THE SALE OF REAL ESTATE SPECIFICALLY, LOT 6 OF MINERAL LOT 100 IN THE CITY OF DUBUQUE COUNTYOF DUBUQUE, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF – 1925 WASHINGTON STREET Whereas, pursuant to a notice, duly published in the Telegraph Herald newspaper, in the City Council of Dubuque, Iowa, met on the 17 May 2010, in the Dubuque Historic Federal th Building, 350 West 6 Street, Dubuque, Iowa to consider the proposal to dispose of City- owned real estate located at 1925 Washington Street: Lot 6 of Mineral Lot 100 in the City of Dubuque, County of Dubuque, Iowa, according to the recorded Plat thereof; and Whereas, such purpose supports the Washington Neighborhood revitalization strategy as approved by the City Council; and Whereas, the City has received an offer to purchase this property from a qualifying household; and Whereas, a qualifying home buyer has signed an offer to purchase and has obtained financing from a local lender; and 24 Whereas, the City Council of the City of Dubuque, Iowa, has overruled any and all objections, oral and written, to the proposal to dispose of the interest of the City of Dubuque, Iowa, in the herein and above-named real estate to the above-named grantee. 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 sale of the following legally- described property: Lot 6 of Mineral Lot 100 in the City of Dubuque, County of Dubuque, Iowa, according to the recorded Plat thereof, at the cost of Eighty-two thousand dollars. ($82 000). Section 2. That the City of Dubuque be and is hereby authorized to provide a Warranty Deed to the buyer, conveying the City’s interest to Robert Mootz for the herein-described real estate. Section 3. That the City Clerk be and is hereby authorized an directed to cause said Warranty Deed to be recorded in the Office of the Dubuque County Recorder, together with certified copy of the Resolution. Section 4. That the City Clerk be and she is hereby authorized and directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. th Passed, approved and adopted this 7 day of June, 2010. Roy D Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk McAleece Ballpark Parking Lot Reconstruction Project: Proof of publication on notice of public hearing to consider the plans and specifications, form of contract and estimated cost for the McAleece Ballpark Parking Lot Reconstruction Project and City Manager recommending approval. Motion by Jones to receive and file the documents and adopt Resolution No. 185-10 Approving plans, specifications, form of contract, and estimated cost for the McAleece Ballpark Parking Lot Reconstruction Project. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 185-10 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE MCALEECE PARK AND RECREATION COMPLEX PARKING LOT RECONSTRUCTION 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 McAleece Park and Recreation Complex Parking Lot Reconstruction Project, in the estimated amount $275,530.00, are hereby approved. th Passed, adopted and approved this 7 day of June, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Kaufmann Avenue Resurfacing Project: Proof of publication on notice of public hearing to consider the plans and specifications, form of contract and estimated cost for the Kaufmann Avenue Resurfacing project and City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 186-10 Approving plans, specifications, form of contract, and estimated cost for the Kaufmann Avenue Resurfacing Project. Seconded by Voetberg. Motion carried 7-0. 25 RESOLUTION NO. 186-10 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE KAUFMANN AVENUE HMA RESURFACING PROJECT (J.F. KENNEDY ROAD TO CHANEY), IOWA DOT PROJECT NO. STP-U-2100 (651)--70-31 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Kaufmann Avenue HMA Resurfacing Project (J.F. Kennedy Road to Chaney), Iowa DOT Project No. STP-U-2100(651)--70-31, in the estimated amount $913,017.88, are hereby approved. th Passed, adopted and approved this 7 day of June, 2010. 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 Bee Branch Creek Restoration – Building Deconstruction Project: City Manager recommending award of the Bee Branch Creek Restoration – Building Deconstruction Project to Gronen Restoration, Inc., in the amount of $224,025.15 for the deconstruction of 15 buildings, Tschiggfrie Excavating in the amount of $402,060.00 for the deconstruction of 24 buildings and Ted Stackis Construction in the amount of $60,000 for the deconstruction of 4 buildings. Bee Branch Deconstruction Outline from Gronen Restoration. Motion by Connors to receive and file the documents and adopt Resolution No. 187-10 Awarding public improvement contract for the Bee Branch Creek Restoration – Building Deconstruction Project (Gronen Restoration, Inc.); Resolution No. 188-10 Awarding public improvement contract for the Bee Branch Creek Restoration – Building Deconstruction Project (Tschiggfrie Excavating); and Resolution No. 189-10 Awarding public improvement contract for the Bee Branch Creek Restoration – Building Deconstruction Project (Ted Stackis Construction). Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 187-10 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE BUILDING DECONSTRUCTION ASSOCIATED WITH THE BEE BRANCH CREEK RESTORATION PROJECT Whereas, sealed proposals have been submitted by contractors for the Bee Branch Creek Restoration Project, Building Deconstruction (the Project) pursuant to Resolution No. 147-10 and Notice to Bidders published in a newspaper published in the City of Dubuque, Iowa, on the rd 3 day of May, 2010; and th Whereas, said sealed proposals were opened and read on the 27 day of May, 2010 and it has been determined that Gronen Restoration of Dubuque, Iowa, with a bid in the amount of $224,025.15, is the lowest responsive, responsible bidder for the deconstruction of the buildings in Bid Groups 1, 2, 4, 6, 12, and 13 (the Project); and Whereas, Bid Groups 1, 2, 4, 6, 12, and 13 include the following properties all in the City of Dubuque, Iowa: 1552 Maple Street; 1570 Maple Street; 1576 Maple Street; 1924 Kniest Street; 2006 Kniest Street; 505 Rhomberg Avenue; 507 Rhomberg Avenue; 509 Rhomberg Avenue; 26 511-513 Rhomberg Avenue; 2104 Kniest Street; 2100-2102 Kniest Street; 2106 Kniest Street; 509 Lincoln Avenue; 2345 Elm Street; and 2315 Prince Street. 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 Gronen Restoration 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 7 day of June, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 188-10 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE BUILDING DECONSTRUCTION ASSOCIATED WITH THE BEE BRANCH CREEK RESTORATION PROJECT Whereas, sealed proposals have been submitted by contractors for the Bee Branch Creek Restoration Project, Building Deconstruction (the Project) pursuant to Resolution No. 147-10 and Notice to Bidders published in a newspaper published in the City of Dubuque, Iowa, on the rd 3 day of May, 2010; and th Whereas, said sealed proposals were opened and read on the 27 day of May, 2010 and it has been determined that Tschiggfrie Excavating of Dubuque, Iowa, with a bid in the amount of $402,060.00, is the lowest responsive, responsible bidder for the deconstruction of the buildings in Bid Groups 3, 5, 8, 9, 10, 11, 14, and 15 (the Project); and Whereas, Bid Groups 3, 5, 8, 9, 10, 11, 14, and 15 include the following properties all in the City of Dubuque, Iowa: 506 Rhomberg Avenue; 508 Rhomberg Avenue; 502-04 Rhomberg Avenue; 510-512 Rhomberg Avenue; 2010 Kniest Street; 2014 Kniest Street; 2020 Kniest ndndnd Street; 2128 Kniest Street; 500 E. 22 Street; 504 E. 22 Street; 506 E. 22 Street; 508 E. ndndnd 22 Street; 505 E. 22 Street; 509 E. 22 Street; 2249 Elm Street; 2317 Elm Street; 2241 Prince Street; 2259 Prince Street; 2249-2251 Prince Street; 2263-2265 Prince Street; 2269- 2271 Prince Street; 2273-2301 Prince Street; 2305-2307 Prince Street; and 2404-2406 Washington Street. 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 Tschiggfrie Excavating and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. th Passed, approved and adopted this 7 day of June, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 189-10 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE BUILDING DECONSTRUCTION ASSOCIATED WITH THE BEE BRANCH CREEK RESTORATION PROJECT Whereas, sealed proposals have been submitted by contractors for the Bee Branch Creek Restoration Project, Building Deconstruction (the Project) pursuant to Resolution No. 147-10 and Notice to Bidders published in a newspaper published in the City of Dubuque, Iowa, on the rd 3 day of May, 2010; and 27 th Whereas, said sealed proposals were opened and read on the 27 day of May, 2010 and it has been determined that Ted Stackis Construction of Dubuque, Iowa, with a bid in the amount of $60,000.00, is the lowest responsive, responsible bidder for the deconstruction of the buildings in Bid Group 7 (the Project); and Whereas, Bid Group 7 includes the following properties all in the City of Dubuque, Iowa: 2110-2112 Kniest Street; 2114-2116 Kniest Street; 2120 Kniest Street; and 2124-2126 Kniest Street. 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 Ted Stackis Construction 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 7 day of June, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Memorandum of Understanding – Sustainable Neighborhood Builders, Inc.: City Manager recommending approval of a Memorandum of Understanding between the City and Sustainable Neighborhood Builders, Inc., to redevelop property located at 1079 Elm Street. Motion by Connors to receive and file the documents and adopt Resolution No. 190-10 Approving a Memorandum of Understanding with Sustainable Neighborhood Builders, Inc., for the redevelopment of 1079 Elm Street. Seconded by Lynch. Responding to questions from City Council, Economic Development Director Dave Heiar stated Phase I includes approximately 72-75 units and that details will be outlined in the development agreement. Heiar clarified funding sources and loan security. Motion carried 7-0. RESOLUTION NO. 190-10 APPROVING A MEMORANDUM OF UNDERSTANDING WITH SUSTAINABLE NEIGHBORHOOD BUILDER’S, INC., FOR THE REDEVELOPMENT OF 1079 ELM STREET Whereas, Sustainable Neighborhood Builder’s, Inc., is proposing to redevelop property located at 1079 Elm Street in the City of Dubuque, and Whereas, the City is encouraging the Sustainable Neighborhood Builder’s, Inc., to invest in the Dubuque Historic Millwork District, and Whereas, a Memorandum of Understanding has been prepared for said redevelopment, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. The attached Memorandum of Understanding is hereby approved. Section 2. The City Manager is hereby directed to prepare documents necessary to implement the Memorandum of Understanding. th Passed, approved and adopted this 7 day of June, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Montrose Terrace Stairs Reconstruction and Citizen Petition: City Manager recommending that the City proceed with reconstruction of the Montrose Terrace stairs. Motion by Lynch to receive and file the documents and approve the recommendation. Seconded by Connors. Responding to questions from City Council, City Engineer Gus Psihoyos stated that citizens have continued to use the stairs since they were closed adding that the City would offer the property to adjacent property owners should it abandon and remove the stairs. Voetberg 28 suggested resolving the area’s parking issues. Resnick cited safety issues and supported walkable neighborhoods. Motion carried 5-2 with Jones and Braig voting nay. Smarter Sustainable Dubuque Project: City Manager transmitting a response to questions posed by the City Council regarding the Smarter Sustainable Dubuque project and requesting that a work session be scheduled for Monday, August 9, 2010 to provide an overview and update on the Smarter Sustainable Dubuque project. Motion by Jones to receive and file the documents and approve the recommendation. Seconded by Resnick. Project Manager David Lyons provided a slide presentation that addressed questions previously asked by Council. Braig requested that privacy issues be discussed at the work session. Voetberg expressed his concerns about continuation of the project after the pilot phase is complete. Motion carried 7-0. McAleece BMX Bicycle Course: City Manager recommending approval of the creation of a BMX bicycle course at the McAleece Recreation area at a cost of $6,000, using volunteer bike enthusiast’s assistance. Motion by Braig to receive and file the documents and approve the recommendation. Seconded by Connors. Responding to questions from City Council, Recreation Division Manager Pat Prevenas stated that there is adequate bike access to the course. Motion carried 7-0. Dubuque County Empowerment: Communication from Wayne Demmer, Chair, Dubuque County Empowerment Board Development Committee, issuing an invitation for a City Council representative to serve on the Board Development Committee. Motion by Voetberg to receive and file the document and table until June 21, 2010. Seconded by Braig. Voetberg requested more information on meeting dates and times. Motion carried 7-0. COUNCIL MEMBER REPORTS Jones reported that the river boat Mississippi Queen is being scrapped, the American Queen is for sale, and the Delta Queen is permanently docked as a hotel in Chattanooga, Tennessee. Connors requested information on parking meter revenue and fines on Saturdays during 8 to noon and noon to 5 p.m. within the last six months to one year time frame. PUBLIC INPUT Phil French, 1035 Rockdale Road, informed City Council of his experiences cleaning out Section 8 housing units, and stated his concerns regarding community crime, drug and safety issues. There being no further business, upon motion the City Council adjourned at 8:28 p.m. /s/Jeanne F. Schneider, CMC City Clerk 29