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8 2 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 August 2, 2010 in the Historic Federal Building. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voetberg (Via Conference Phone), City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a regular session of the City Council to act upon such business that may properly come before the City Council. Pledge of Allegiance Invocation was provided by Pastor Kristian Kincaid, Our Redeemer Lutheran Church PROCLAMATIONS United Way Campaign Time (August 2010) was accepted by Campaign Co-Chair Judy Wolf; Responsible Gaming Education Week (August 2-6, 2010) was accepted by Joey Anderson from the Mystique Casino and Scott Cooper from the Diamond Jo Casino. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Lynch. Motion carried 7-0. Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 5/25, 6/10 and 6/16; City Council of 7/19; Library Board of Trustees of 4/22; Historic Preservation Commission of 7/15; Housing Commission of 5/25 Library Board of Trustees Update from the Meeting of July 22, 2010 Proof of publication of City Council Proceedings of July 6, 2010 Upon motion the documents were received and filed. Notice of Claims/Suits: Thomas J. Juergens for personal injury; Erin Fitzsimmons for vehicle damage; Gayle Walter for personal injury; Karen L. Candee for property damage; Jennifer Bries for vehicle damage; Thomas J. Juergens for personal injury; Erin Fitzsimmons for vehicle damage; Neil and Beth Pitman for property damage; Dan and Lori Dolphin for property damage; Dorothy L. Lester vs. City of Dubuque, an Iowa Municipal Corporation. 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: Stephanie Schadl for personal injury/property damage; Erin Fitzsimmons for vehicle damage; Tom Juergens for personal injury; Gayle Walter for personal injury; Jennifer Bries for vehicle damage; Neil Pitman for property damage. Upon motion the documents were received, filed and concurred. First Half of 2010 Weed Assessments: City Manager recommending approval of the levy of special assessments for the first half of the 2010 Weed Enforcement Program in the total amount of $1,372.15. Upon motion the documents were received and filed and Resolution No. 279-10 Adopting the schedule of assessments for the first half of the 2010 Weed Enforcement Program and directing the City Clerk to certify the schedule of assessments to the County Treasurer and to publish notice thereof was adopted. RESOLUTION NO. 279-10 ADOPTING THE SCHEDULE OF ASSESSMENTS FOR FIRST HALF OF 2010 AND DIRECTING THE CITY CLERK TO CERTIFY THE SCHEDULE OF ASSESSMENTS TO THE COUNTY TREASURER AND TO PUBLISH NOTICE THEREOF NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That after full consideration of the Schedule of Assessments attached hereto for weed/grass cutting tax assessments which Schedule of Assessments was filed in the office of the City th Clerk on the 29 day of July, 2010, the said Schedule of Assessments be and the same is hereby approved and adopted. That there be, and is herby assessed and levied as a lien upon the real property, the respective sums indicated. That the City Clerk be and is hereby directed to certify said schedule to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of which shall be not more than fifteen days from the date of filing of the final schedule. On or before the date of the second publication of the notice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided and directed in Iowa Code § 384.60. The assessments may be paid in full or in part without interest at the Utility Billing Office, th City Hall, 50 W. 13 Street, Dubuque, Iowa, at any time within 30 days after the date of the first publication of the notice of the filing of the Schedule of Assessments with the County Treasurer. After 30 days, unpaid assessments are payable at the County Treasurer’s Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa, and charges shall be collected in the same manner as general property taxes against the respective parcels of the property set opposite the name of the property owner. nd Passed, approved and adopted this 2 day of August, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Schedule of Assessments for the First Half of the 2010 Weed Enforcement Program Owner; Property Address/Location; Legal Description; Category; Total Amount of Lien Fred Jahn, 2014 Rhomberg Ave. Dubuque, IA 52001; Rhomberg, 2014; Lot 298 Hams Add; Weed cutting; 155.00 Brian Kretz, 1840 Wood Street, Dubuque, IA 52001; Wood St, 1840; Lot 12-3 of Min Lot 178; Weed cutting; 112.50 Eldon Wilwert, 35 Cambridge Ct., Dubuque, IA 52001; Cambridge Ct, 35; Lot 7 Blk 11 Steger Heights; Weed cutting; 77.50 Equity Builders, LLC, P O Box 208, Lake Zurich, IL 60047; Sapphire Circle, 640; Lot 2-2 Emerald Acres No. 4; Weed cutting; 77.50 Frugal Mule Properties, LLC, 303 Oak Street, Monfort, WI 53569; Hill Street, 695; Lot 1-2-1- 39 Kellys Sub; Weed cutting; 60.00 2 Ryan Neuhaus, 355 Kaufmann Ave, Dubuque, IA 52001; Kaufmann, 355; Lot 2-3-135 & 2- 4-135 L H Langworthy's Add; Weed cutting; 60.00 Anthony Trentz & Ti Krapfl, 1890 Audubon St., Dubuque, IA 52001; Audubon, 1890; Lot 37 Rosedale Add; Weed cutting; 147.50 Bryan Glanz & Brianne Roddick, 2995 Hillcrest Rd. Dubuque, IA 52001; Hillcrest Rd, 2995; Lot 2-2-2-A Hillcrest Park; Weed cutting; 77.50 Andrea Bermas, 1005 Victoria St., Dubuque, IA 52003; Victoria St, 1005; Lot 1-1 Cook & Allen Place; Weed cutting; 149.64 Timothy Schulte, 2240 Hoyt St., Dubuque, IA 52001; Hoyt, 2240; Lot 1-3 Pfohls Sub; Weed cutting; 77.50 Fern E Wall Trust, 1304 South Sheffield Court, Carol Stream, IL 60188; Jackson St, 2539; LOT 1-1 & 2-2-1 All of Lots 218 & 219 Davis Farm Add.; Weed cutting; 205.00 Kevin & Sarah Halfhill, 1801 Lincoln Ave., Dubuque, IA 52001; Lincoln, 1801; Lot 553 Hams Add; Weed cutting; 77.50 City Mortgage, Inc., Merger to Citi Financial Mortgage Co., 1000 Technology Drive, O'Fallon, MO 63368; Merz, 916; Lot 22 A Stines Sub; Weed cutting; 95.00 TOTAL Assessments: 1,372.14 Highway 61 / 151 South Water Main Extension Project: City Manager recommending acceptance of the Highway 61 / 151 South Water Main Extension Project as completed by McClain Excavating Company, Inc. in the final contract amount of $117,084.26. Upon motion the documents were received and filed and Resolution No. 280-10 Accepting the Highway 61 / 151 South Water Main Extension project and authorizing payment of the contract amount to the contractor was adopted. RESOLUTION NO. 280-10 ACCEPTING THE HIGHWAY 61/151 SOUTH WATER MAIN EXTENSION PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Highway 61 / 151 South Water Main Extension Project (the project) has been completed and the City’s Consultant Engineer, IIW Engineering & Surveying Inc. (the engineer) of Dubuque, Iowa has examined the work and filed a certificate stating the Project has been completed according to the terms of the Public Improvement Contract and that the Engineer recommends that the Project be accepted; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the Highway 61 / 151 South Water Main Extension Project appropriations for the contract amount of $117,084.26 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. nd Passed, approved and adopted this 2 day of August, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Friends of the Mines of Spain Historic District Public Improvement Program (HDPIP) Request: Historic Preservation Commission recommending approval of $25,000 in Historic District Public Improvement Program (HDPIP) funds for the Junkermann Farm and Meskwaki 3 Interpretive Exhibits as part of the Mines of Spain Exhibit and Education Program. Upon motion the documents were received, filed, and approved. Operation: New View: Communication from Tom Stovall, Operation: New View, thanking the City Council for their support of the $18,805 Purchase of Service contract. Upon motion the document was received and filed. Novell Multi-Year Support Agreement: City Manager recommending approval of a three- year Novell software licensing and support agreement as proposed by Arrow Enterprise Computing Solutions, Inc. Upon motion the documents were received, filed, and approved. IA 32 and Asbury Road Turn Lane Improvements Project: City Manager recommending approval of the award of the contract for the IA 32 and Asbury Road Turn Lane Improvements Project to Eastern Iowa Excavating and Concrete, LLC, in the amount of $410,312.15. Upon motion the documents were received and filed and Resolution No. 281-10 Awarding public improvement contract for the IA 32 and Asbury Road Turn Lane Improvements Project was adopted. RESOLUTION NO. 281-10 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE IA 32 AND ASBURY ROAD TURN LANE IMPROVEMENTS PROJECT, IOWA DOT PROJECT NO. STP-32-1(30)--2C-31 Whereas, sealed proposals have been submitted by contractors for the IA 32 and Asbury Road Turn Lane Improvements Project - Iowa DOT Project No. STP-32-1(30)—2C-31 (the Project) pursuant to Resolution No. 208-10 and Notice to Bidders published in a newspaper th published in the City of Dubuque, Iowa on the 25 day of June, 2010; and Whereas, said sealed proposals were opened and read by the Iowa Department of th Transportation on the 20 day of July, 2010 and it has been determined that Eastern Iowa Excavating and Concrete, LLC of Cascade, Iowa, with a bid in the amount of $410,312.15, 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 Eastern Iowa Excavating and Concrete, LLC, subject to the concurrence by Iowa Department of Transportation (Iowa DOT), and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. nd Passed, approved and adopted this 2 day of August, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk US 52 Traffic Flow Enhancement Project: City Manager recommending approval of the award of the contract for the US 52 Traffic Flow Enhancement Project to Portzen Construction, Inc., in the amount of $970,792.42. Upon motion the documents were received and filed and Resolution No. 282-10 Awarding public improvement contract for the US 52 Traffic Flow Enhancement Project was adopted. 4 RESOLUTION NO. 282-10 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE US 52 TRAFFIC FLOW ENHANCEMENT PROJECT Whereas, sealed proposals have been submitted by contractors for the US 52 Traffic Flow Enhancement Project (the Project) pursuant to Resolution No. 236-10 and Notice to Bidders th published in a newspaper published in the City of Dubuque, Iowa on the 9 day of July, 2010; and th Whereas, said sealed proposals were opened and read on the 27 day of July, 2010 and it has been determined that Portzen Construction, Inc. of Dubuque, Iowa, with a bid in the amount of $970,792.42, is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a Public Improvement Contract for the Project is hereby awarded to Portzen Construction, Inc. and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. nd Passed, approved and adopted this 2 day of August, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk stnd Central Avenue Water Main (21 to 32 Street) Project: City Manager recommending stnd approval of the award of the contract for the Central Avenue Water Main (21 to 32 Street) Project to Drew Cook & Sons Excavating Co. Inc., in the amount of $492,512.00. Upon motion the documents were received and filed and Resolution No. 283-10 Awarding public stnd improvement contract for the Central Avenue Water Main (21 to 32 Street) Project was adopted. RESOLUTION NO. 283-10 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE CENTRAL AVENUE WATER STND MAIN (21 – 32 STREET) PROJECT Whereas, sealed proposals have been submitted by contractors for the Central Avenue stnd Water Main (21 – 32 Street) Project (the Project) pursuant to Resolution No. 266-10 and th Notice to Bidders published in a newspaper published in the City of Dubuque, Iowa on the 9 day of July, 2010. th Whereas, said sealed proposals were opened and read on the 27 day of July, 2010, and it has been determined that Drew Cook & Sons Excavating Co., Inc., with a bid in the amount of $492,512.00, 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 Drew Cook & Sons Excavating Co., Inc., and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. nd Passed, approved and adopted this 2 day of August, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Bus Wrap Advertising: City Manager recommending that all of the responses to the Request for Proposals for bus wrap advertising be rejected and that a local plan be implemented. Upon motion the documents were received, filed, and approved. 5 Proceedings to Direct Advertisement for the Sale of Water Revenue Bonds: City Manager recommending approval to advertise the sale of $5,700,000 Water Revenue Bonds and approve electronic bidding procedures and the form of notice of sale. Upon motion the documents were received and filed and Resolution No. 284-10 Directing the advertisement for sale of $5,700,000 Water Revenue Bonds was adopted. RESOLUTION NO. 284-10 RESOLUTION DIRECTING THE ADVERTISEMENT FOR SALE OF $5,700,000 WATER REVENUE BONDS, SERIES 2010D, AND APPROVING ELECTRONIC BIDDING PROCEDURES Whereas, the City of Dubuque, Iowa (the "City") is in need of funds to pay costs of constructing and equipping improvements and extensions to the Municipal Water System, and it is deemed necessary and advisable that the City issue water revenue bonds for such purposes to the amount of $5,700,000 as authorized by Section 384.83 of the City Code of Iowa; and Whereas, pursuant to notice published as required by Section 384.83 this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of the above described Bonds, and all objections, if any, to such Council action made by any resident or property owner of the City were received and considered by the Council; and it is the decision of the Council that additional action be taken for the issuance of Bonds, and that such action is considered to be in the best interests of the City and the residents thereof; Whereas, the Council has received information from its Financial Consultant recommending that sealed and electronic facsimile and internet bidding be authorized for the sale of the Bonds, and that such procedures will maintain the integrity and security of the competitive bidding process and facilitate the delivery of bids by interested parties; and Whereas, the Council deems it in the best interests of the City and the residents thereof to receive bids to purchase such Bonds by means of sealed and electronic facsimile and internet communication. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the receipt of electronic bids by facsimile machine and through the © PARITY competitive bidding system described in the Notice of Sale are hereby found and determined to provide reasonable security and to maintain the integrity of the competitive bidding process, and to facilitate the delivery of bids by interested parties in connection with the offering of the Bonds hereinafter described at public sale. Section 2. That the preliminary Official Statement in the form presented to this meeting be and the same hereby is approved as to form and deemed final for purposes of Rule 15c2-12 of the Securities and Exchange Commission, subject to such revisions, corrections or modifications as the Finance Director, upon the advice of bond counsel and the City's financial consultant, shall determine to be appropriate, and is authorized to be distributed thereafter in connection with the offering of the Bonds for sale. Section 3. That the Clerk is hereby directed to publish notice of sale of the Bonds at least once, the last one of which shall be not less than four clear days nor more than twenty days before the date of the sale. Publication shall be made in the Telegraph 6 Herald, a legal newspaper, printed wholly in the English language, published within the county in which the Bonds are to be offered for sale or an adjacent county. The notice is given pursuant to Chapter 75 of the Code of Iowa, and shall state that this Council, on the 16th day of August, 2010, at 6:30 o'clock P.M., will hold a meeting to receive and act upon bids for the Bonds; the notice to be in substantially the [provided] form. nd Passed and approved this 2 day of August, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Request for Proposals – Structural Modifications to Floodwall Levee: City Manager recommending approval of the issuance of a Request for Proposals for structural analysis of the Dubuque levee and floodwall system in accordance with the levee certification requirements of the National Flood Insurance Program regulations. Upon motion the documents were received, filed, and approved. Purchase of Property – Hwy 151 & 61 Development, LLC and SB Development, LLC: City Manager recommending acceptance of the Warranty Deeds from Hwy 151 & 61 Development, LLC and SB Development, LLC for acquisition of right-of-way for the Bee Branch Creek Sewer Project. Upon motion the documents were received and filed and Resolution No. 285-10 Accepting the deed to certain real estate in Dubuque County, Iowa from Hwy 151 & 61 Development, LLC; and Resolution No. 286-10 Accepting the deed to certain real estate in Dubuque County, Iowa from SB Development, LLC, were adopted. RESOLUTION NO. 285-10 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM HWY 151 & 61 DEVELOPMENT, LLC Whereas, the City of Dubuque entered into an Agreement with Hwy 151 & 61 Development, LLC for the purchase of the following described real property in Dubuque County, Iowa: Lot 1 of Riverview Plaza; Lot 316, Lot 355 and Lot 2-354 of East Dubuque No. 2 in the City of Dubuque, Iowa (the “South Lots”); and Whereas, the terms of the Agreement have now been met. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: 1. The City of Dubuque hereby accepts the Warranty Deed from Hwy 151 & 61 Development, LLC, attached hereto. 2. The City Clerk is hereby authorized and directed to record this Resolution and the Warranty Deed with the Dubuque County Recorder. nd Passed, approved and adopted this 2 day of August, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 286-10 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM SB DEVELOPMENT, LLC Whereas, the City of Dubuque entered into an Agreement with SB Development, LLC for the purchase of the following described real property in Dubuque County, Iowa: Lot 1 of 354 in East Dubuque No. 2 in the City of Dubuque, Iowa, according to the recorded plat thereof; and Whereas, the terms of the Agreement have now been met. 7 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: 1. The City of Dubuque hereby accepts the Warranty Deed from SB Development, LLC, attached hereto. 2. The City Clerk is hereby authorized and directed to record this Resolution and the Warranty Deed with the Dubuque County Recorder. nd Passed, approved and adopted this 2 day of August, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Dubuque 2.0: Communication from Justin Thiltgen, Director – Dubuque 2.0, providing an update on Dubuque 2.0. Upon motion the document was received and filed. Federal Transit Administration: City Attorney providing the requisite opinion of counsel for the benefit of the Federal Transit Administration in connection with the application of the City for Federal transportation assistance. Upon motion the document was received and filed. Federal Emergency Management Agency (FEMA): Communication from Senator Charles Grassley thanking the City for providing his staff with an update on the status of the work with the Federal Emergency Management Agency (FEMA) regarding the City’s preliminary flood plain map. Upon motion the document was received and filed. City Development Board: Communication from the City Development Board providing notice of meeting to reconsider voluntary annexation in the matter of the City of Asbury voluntary annexation including non-consenting owners within the urban area of the City of Dubuque. Upon motion the documents were received and filed. Office of the City Assessor: Communication from Richard A. Engelken, City Assessor, advising that the Board of Review has one appeal before the Property Assessment Appeals Board in Des Moines and four appeals before the Iowa District Court. Upon motion the document was received and filed. Quarterly Investment Report: City Manager transmitting the June 30, 2010 Quarterly Investment Report. Upon motion the documents were received and filed. Iowa Department of Transportation – Local Road Detour Agreement: City Manager recommending approval for the Mayor to execute an agreement with the Iowa Department of Transportation for the use of local roads as an authorized detour route for the Central Avenue stnd (21 – 32 Street) Water Main Project. Upon motion the documents were received and filed and Resolution No. 287-10 Approving the Iowa Department of Transportation Agreement for use of local agency roads as detours for the Central Avenue (US 52) Water Main Project was adopted. RESOLUTION NO. 287-10 RESOLUTION APPROVING THE IOWA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR USE OF LOCAL AGENCY ROADS AS DETOURS FOR THE CENTRAL AVENUE (US 52) WATER MAIN PROJECT. stnd Whereas, the City of Dubuque is proceeding with the Central Avenue (21 – 32 Street) Water Main Project. 8 Whereas, Central Avenue is located on US Highway 52 and is under the jurisdiction of the Iowa Department of Transportation. stnd Whereas, the Central Avenue (21 – 32 Street) Water Main Project will involve the replacement of fire hydrants, valves, tees, lead services and water service stop boxes connected to lead services. Whereas, due to the street work required on Central Avenue and in the interest of public safety, vehicular traffic will be detoured onto Jackson Street. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That said Agreement for Use of Local Agency Roads with the Iowa Department of stnd Transportation is hereby approved for the Central Avenue (21 – 32 Street) Water Main Project. Section 2. That the Mayor be authorized and directed to execute two copies of said Agreement for Use of Local Agency Roads with the Iowa Department of Transportation for the stnd Central Avenue (21 – 32 Street) Water Main Project. nd Passed, approved and adopted this 2 day of August, 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 Braig. Motion carried 7-0. 73 CHS Forward, LLC – Development Agreement: City Manager recommending that a public hearing be set for August 16, 2010 to consider entering into a Development Agreement with 73 CHS Forwards, LLC on the property located at 299 Main Street, the former Cooper Wagon Works building. Upon motion the documents were received and filed and Resolution No. 288-10 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 73 CHS Forwards, LLC, 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 August 16, 2010 in the Historic Federal Building. RESOLUTION NO. 288-10 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 73 CHS FORWARDS, LLC, AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, City and 73 CHS Forwards, LLC 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 of the City th 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 73 CHS Forwards, LLC; 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 9 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 th intent authorize Urban Renewal Tax Increment Revenue obligations, to be held on the 16 day of August, 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 73 CHS Forwards, LLC, 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 73 CHS Forwards, LLC 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 $375,000. 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 attached hereto. nd Passed, approved and adopted this 2 day of August, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Southwest Arterial Project: North Cascade Road Reconstruction: City Manager recommending that a public hearing be set for August 16, 2010 on the North Cascade Road Reconstruction Project (Phase I of the Southwest Arterial Project). Upon motion the documents were received and filed and Resolution No. 289-10 Setting date of public hearing on plans, specifications, form of contract and estimated cost for the Southwest Arterial Project: North Cascade Road Reconstruction was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on August 16, 2010 in the Historic Federal Building. RESOLUTION NO. 289-10 SOUTHWEST ARTERIAL PROJECT NORTH CASCADE ROAD RECONSTRUCTION GRADING & PAVING, IOWA DOT PROJECT NO. HDP-2100 (655)--71-31; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST 10 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 , Cascade Road Reconstruction Project (Phase I of the Southwest Arterial Project) Iowa DOT Project No. HDP-2100 (655)--71-31, in the estimated amount $2,230,868, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. A public hearing will be held on the 16th day of August, 2010, at 6:30 p.m. in the Historic th Federal Building Council Chambers (second floor), 350 West 6 Street, Dubuque, Iowa, 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. nd Passed, adopted and approved this 2 day of August, 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: Historic Preservation Commission: One 3-year term through th July 1, 2013, (Term of Whalen) West 11 Street Historic Preservation District resident requirement. Applicant: Dr. John Whalen, 1105 Highland Place. Dr. Wahlen spoke in support of his appointment. Appointments to the following Boards/Commissions: Housing Commission: Three 3-year terms through August 17, 2013 (Terms of Eddy, Root and Schwendinger). Applicants: Barbara Fischer, 617 Lincoln Avenue; Judy Root, 1008 Walnut Street; and Dorothy Schwendinger, OSF, 3525 Windsor Avenue. Motion by Braig to appoint Judy Root and Dorothy Schwendinger to the Housing Commission for 3-year terms through August 17, 2013. Seconded by Jones. Motion carried 7-0. Ms. Fischer was not appointed. Transit Advisory Board: One 3-year term through July 30, 2011 (Vacant term of Croissant). One 3-year term through July 30, 2013 (Term of Scharnau). Applicants: Ruth Scharnau, 2905 Wilderness Drive; and Lu Ann Schmidt, 3395 Jackson Street. Motion by Jones to appoint Ruth Scharnau to a 3-year term through July 30, 2013 and Lu Ann Schmidt to a 3-year term through July 30, 2011. Seconded by Resnick. Motion carried 7-0. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone present to address the City Council. Vacating Petition – Portion of Cox Street: Proof of publication on notice of public hearing to consider a request from Loras College President Jim Collins to vacate and purchase a portion of Cox Street and City Manager recommending approval. City Manager providing follow-up to the questions asked about the possible vacation of Cox Street. 11 Communications from Michael and Jackie Mulgrew, Ray Martelle, Bob Selle, Giles Ede and Carol Nestby in opposition to the proposed closing of Cox Street. Communication from Roman and Nancy Ciapalo, 1209 Highland Place, in support of the vacating and disposal of a portion of Cox Street to Loras College. Communication from James E. Collins, President – Loras College, regarding the proposal to vacate and purchase a portion of Cox Street. Communication from Tom Hoelscher in opposition to the vacating and sale of a portion of Cox Street to Loras College. th Communications from Anne Callan Vaassen, 611 W 17 Street; Travis Fishnick, 615 th Angella Street; and Julie Lembke, 611 W. 17 Street. Motion by Connors to receive and file the documents and adopt Resolution No. 290-10 Approving the plat of proposed vacated portion of Cox Street from Loras Boulevard to West th 17 Street, Resolution No. 291-10 Vacating a portion of Cox Street from Loras Boulevard to th West 17 Street, and Resolution No. 292-10 Disposing of City interest in Lot 1A of City Lot 741 in the City of Dubuque, Dubuque County, Iowa. Seconded by Braig. Loras College President Jim Collins spoke in support of the petition citing the economic and community benefits of the proposal and provided additional conceptual renderings. Mr. Collins stated there would be no City responsibility for the referenced retaining wall and portion of Cox Street. Pat Crahan, University of Dubuque Finance Committee Chair; Chamber of Commerce President Molly Grover; Greater Dubuque Development Director Rick Dickinson; Derek Oberding, 1950 Lagen Street; Dave Bunting, 903 Kirkwood Street; and Bennett Cook, 1395 Alta Vista Street, spoke in support of the proposal citing its economic impact, community benefits, and the cooperation of Loras College. Tom Hoelscher, 780 Angella Street, Giles Ede, thth 590 W. 17 Street; Joanne Jaeger, 725 Angella Street; Beverly Bettcher, 669 W. 16; and Steve Halfhill, 1785 Alta Vista Street, spoke in opposition to the proposal citing difficult winter access involving snow and ice removal, limited emergency vehicle access, limited parking, driver and pedestrian safety issues, and bus traffic. Mr. Collins provided a rebuttal related to the traffic study, street upgrade costs, retaining wall liability, student behavior, and additional concessions. Responding to questions from City Council, City Manager Van Milligen stated that the proposed street improvement projects in the area are currently not assessable projects. Following City Council discussion, Resnick moved to amend the original motion withholding the sale and closing of Cox Street until Priority #1 street projects as recommended by the City Engineer are completed. Motion failed for lack of a second. Original motion carried 7-0. RESOLUTION NO. 290-10 APPROVING THE PLAT OF PROPOSED VACATED PORTION OF COX STREET FROM TH LORAS BOULEVARD TO WEST 17 STREET Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat th dated the 14 day of May, 2010, prepared by IIW Engineers & Surveyors, PC, describing the th proposed vacated portion of Cox Street from Loras Boulevard to West 17 Street; 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 14 day of May, 2010, prepared by IIW Engineers & Surveyors, PC, 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. 12 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, fiber optics, gas, telephone, television cable, and electric lines as may be authorized by the City of Dubuque, Iowa, as shown on the Plat of Survey of Lot 1A of City Lot 741 in the City of Dubuque, Dubuque County, Iowa. 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. nd Passed, approved and adopted this 2 day of August, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 291-10 TH VACATING A PORTION OF COX STREET FROM LORAS BOULEVARD TO WEST 17 STREET Whereas, Loras College has requested the vacating of a portion of Cox Street from Loras th Boulevard to West 17 Street; and Whereas, IIW Engineers & Surveyors, PC has prepared and submitted to the City Council a th plat showing the vacated portion of Cox Street from Loras Boulevard to West 17 Street and assigned a lot number thereto, which hereinafter shall be known and described as Lot 1A of City Lot 741 in the City of Dubuque, Dubuque County, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that that portion of th Cox Street from Loras Boulevard to West 17 Street shown as Lot 1A of City Lot 741 is no longer required for public use, except for utility easements as noted on said plat, and vacating th of said portion of the plat of Cox Street from Loras Boulevard to West 17 Street, known as Lot 1A of City Lot 741 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 1A of City Lot 741 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, fiber optics, gas, telephone, television cable, and electric lines as may be authorized by the City of Dubuque, Iowa, as shown on the Plat of Survey of Lot 1A of City Lot 741 in the City of Dubuque, Dubuque County, Iowa. nd Passed, approved and adopted this 2 day of August, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 292-10 DISPOSING OF CITY INTEREST IN LOT 1A OF CITY LOT 741 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 rd Dubuque, Iowa on 23 day of August, 2010, the City Council of the City of Dubuque, Iowa met nd on the 2 day of August, 2010, at 6:30 p.m. in the Public Library Auditorium, 360 West 11 Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as: 13 Lot 1A of City Lot 741 in the City of Dubuque, Dubuque County, Iowa 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 1A of City Lot 741 in the City of Dubuque, Dubuque County, Iowa, to Loras College be and the same is hereby approved for the sum of $50,000.00, plus the cost of 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, fiber optics, gas, telephone, television cable, and electric lines as may be authorized by the City of Dubuque, Iowa, as shown on the Plat of Survey of Lot 1A of City Lot 741 in the City of Dubuque, Dubuque County, Iowa. Section 3. That the construction, reconstruction, repair and maintenance of the street, sanitary sewer, retaining walls, and watermain on the portion of Cox Street from Loras th Boulevard to West 17 Street become the responsibility of Loras College on the date of the resolution approving the disposal of said Lot 1A. Section 4. That a corridor in Lot 1A shall remain open to function as a Fire Apparatus Access Road, as classified by the International Fire Code, with a minimum roadway width of 24 feet at all times. The corridor shall also remain open at all times for utility service vehicles for construction and maintenance of existing or new utilities and for emergency response for personnel and vehicles, including all reasonable requirements established and set forth by City of Dubuque by law enforcement and fire safety officials. Section 5. 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 Loras College upon receipt of the purchase price in full. Section 6. 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. nd Passed, approved and adopted this 2 day of August, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Dubuque County Historical Society Lease for Mississippi Plaza Property: Proof of publication on notice of public hearing to consider the Fourth Amendment to the Lease Agreement with the Dubuque County Historical Society for the National Mississippi River Museum and Aquarium and the new National River Center and City Manager recommending that this item be tabled to August 16, 2010 upon completion of the public hearing. Motion by Jones to receive and file the documents and table to August 16, 2010. Seconded by Braig. Dubuque County Historical Society Executive Director Jerry Enzler spoke in support of the request and citing the need for improvements and the significant investment by the DCHS. Motion carried 7-0. Sewer Revenue Capital Loan Notes: Proof of publication on notice of public hearing to consider the issuance of not to exceed $65,000,000 Sewer Revenue Capital Loan Notes and City Manager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 293-10 Instituting proceedings to take additional action for the 14 authorization of a Loan and Disbursement Agreement and the issuance of not to exceed $65,000,000 Sewer Revenue Capital Loan Notes. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 293-10 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN AND DISBURSEMENT AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $65,000,000 SEWER REVENUE CAPITAL LOAN NOTES Whereas, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the authorization of a Loan and Disbursement Agreement by and between the City and the Iowa Finance Authority, and the issuance to the Iowa Finance Authority of not to exceed $65,000,000 Sewer Revenue Capital Loan Notes to evidence the obligations of the City under said Loan and Disbursement Agreement, for the purpose of paying costs of acquisition, construction, reconstruction, extending, remodeling, improving, repairing and equipping all or part of the Municipal Sewer System, including those costs associated with the Water Pollution Control Plant Modification Project, and has considered the extent of objections received from residents or property owners as to said proposal and, accordingly the following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council does hereby institute proceedings and takes additional action for the authorization of a Loan and Disbursement Agreement by and between the City and the Iowa Finance Authority, and the issuance to the Iowa Finance Authority in the manner required by law of not to exceed $65,000,000 Sewer Revenue Capital Loan Notes for the foregoing purpose. Section 2. That this Council does hereby consent to the terms and conditions of the SRF Loan Program, which terms and conditions and the disclosures provided with respect thereto are hereby acknowledged, accepted and approved. Section 3. That the City Clerk, with the assistance of the City Attorney and bond counsel, is hereby authorized and directed to proceed with the preparation of such documents and proceedings as shall be necessary to authorize the City's participation in the SRF Loan Program, to select a suitable date for final Council authorization of the required Loan and Disbursement Agreement and issuance of the Note to evidence the City's obligations thereunder, and to take such other actions as the Clerk shall deem necessary to permit the completion of a loan on a basis favorable to the City and acceptable to this Council. Section 4. This Resolution shall serve as a declaration of official intent under Treasury Regulation 1.150-2 and shall be maintained on file as a public record of such intent. It is reasonably expected that the sewer utility fund moneys may be advanced from time to time for capital expenditures which are to be paid from the proceeds of the above loan agreement. The amounts so advanced shall be reimbursed from the proceeds of the Loan Agreement not later than eighteen months after the initial payment of the capital expenditures or eighteen months after the property is placed in service. Such advancements shall not exceed the loan amount authorized in this Resolution unless the same are for preliminary expenditures or unless another declaration of intention is adopted. nd Passed and approved this 2 day of August, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Upon motion the rules were reinstated limiting discussion to the City Council. 15 ACTION ITEMS Sale of General Obligation Bonds: City Manager advising that the results of the sale of $4,470,000 General Obligation Bonds, Series 2010A; $2,675,000 Taxable General Obligation Urban Renewal Bonds, Series 2010B; and $2,825,000 General Obligation Urban Renewal Bonds, Series 2010C will be brought to the August 2, 2010 City Council meeting for approval. Motion by Jones to receive and file the documents and adopt Resolution No. 294-10 Directing sale of General Obligation Bonds, Series 2010A; Resolution No. 295-10 Directing sale of Taxable General Obligation Urban Renewal Bonds, Series 2010B; Resolution No. 296-10 Directing sale of General Obligation Urban Renewal Bonds, Series 2010C; and Resolution No. 297-10 Authorizing the redemption of the outstanding General Obligation Bonds, Series 2002B, dated March 1, 2002, of the City of Dubuque, Iowa, and directing Notice of Redemption. Seconded by Connors. PFM Senior Managing Consultant Tionna Pooler provided a summary of the bond sale. Motion carried 7-0. RESOLUTION NO. 294-10 RESOLUTION DIRECTING SALE OF GENERAL OBLIGATION BONDS, SERIES 2010A 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 2010A: Bidder: BMO Capital Markets GKST, Inc. of Chicago, Illinois, the terms of said bid being: Principal Amount: $4,470,000 Purchase Price: $4,473,966.40 True Interest Cost: 3.2838% Net Interest Cost $1,618,286.38 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the bid for the Bonds as above set out is hereby determined to be the best and most favorable bid received and said Bonds are hereby awarded based on said bid. Section 2. That the form of contract for the sale of said Bonds is hereby approved and the Mayor and Clerk are authorized to execute the same on behalf of the City. Section 3. That the notice of the sale of the Bonds heretofore given and all acts of the Clerk and Finance Director done in furtherance of the sale of said Bonds are hereby ratified and approved. nd Passed and approved this 2 day of August, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 16 RESOLUTION NO. 295-10 RESOLUTION DIRECTING SALE OF TAXABLE GENERAL OBLIGATION URBAN RENEWAL BONDS, SERIES 2010B 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: TAXABLE GENERAL OBLIGATION URBAN RENEWAL BONDS, SERIES 2010B: Bidder: United Bankers’ Bank of Bloomington, Minnesota, the terms of said bid being: Principal Amount: $2,675,000 Purchase Price: $2,648,510.00 True Interest Cost: 4.6650% Net Interest Cost: $1,563,537.03 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the bid for the Bonds as above set out is hereby determined to be the best and most favorable bid received and said Bonds are hereby awarded based on said bid. Section 2. That the form of contract for the sale of said Bonds is hereby approved and the Mayor and Clerk are authorized to execute the same on behalf of the City. Section 3. That the notice of the sale of the Bonds heretofore given and all acts of the Clerk and Finance Director done in furtherance of the sale of said Bonds are hereby ratified and approved. nd Passed and approved this 2 day of August, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 296-10 RESOLUTION DIRECTING SALE OF GENERAL OBLIGATION URBAN RENEWAL BONDS, SERIES 2010C 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 2010C: Bidder: BMO Capital Markets GKST< Inc. of Chicago, Illinois, the terms of said bid being: Principal Amount: $2,825,000 Purchase Price: $2,811,943.75 True Interest Cost: 3.3264 Net Interest Cost: $1,114,386.94 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the bid for the Bonds as above set out is hereby determined to be the best and most favorable bid received and said Bonds are hereby awarded based on said bid. 17 Section 2. That the form of contract for the sale of said Bonds is hereby approved and the Mayor and Clerk are authorized to execute the same on behalf of the City. Section 3. That the notice of the sale of the Bonds heretofore given and all acts of the Clerk and Finance Director done in furtherance of the sale of said Bonds are hereby ratified and approved. nd Passed and approved this 2 day of August, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 297-10 RESOLUTION AUTHORIZING THE REDEMPTION OF THE OUTSTANDING GENERAL OBLIGATION BONDS, SERIES 2002B, DATED MARCH 1, 2002, OF THE CITY OF DUBUQUE, IOWA, AND DIRECTING NOTICE OF REDEMPTION Whereas, the City did by Resolution No. 160-02 dated March 18, 2002, authorize the issuance of $1,000,000 General Obligation Bonds, Series 2002B, dated March 1, 2002 (the "Series 2002B Bonds"); and Whereas, the Series 2002B Bonds maturing after June 1, 2010 are redeemable in any order of maturity upon giving notice in the manner provided in the resolution authorizing the issuance of the Series 2002B Bonds; and Whereas, it is deemed necessary and advisable that the Series 2002B Bonds be so redeemed and notice of redemption be given. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the 2011 through 2021 principal maturities of the General Obligation Bonds, Series 2002B, dated March 1, 2002, in the aggregate amount of $690,000, be and the same are hereby redeemed as of September 2, 2010. Wells Fargo Bank, N.A., as Registrar and Paying Agent for the Refunded Bonds, is hereby authorized and directed to cause notice of such redemption to be given not less than thirty (30) days prior to the redemption date. Section 2. The Finance Director is hereby authorized and directed to cause to be deposited with Wells Fargo Bank, N.A., from the proceeds of the General Obligation Bonds, Series 2010A, an amount sufficient to pay all principal and interest on the redeemed Series 2002B Bonds to the date of redemption. Section 3. That the form of such notice 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: $1,000,000 Bond Issue: General Obligation Bonds, Series 2002B Dated Date: March 1, 2002 Redemption Date: September 2, 2010 Redemption Price: Par, plus accrued interest 18 Bonds Called for Redemption Principal Interest Maturity CUSIP Amount Rate Date Numbers $50,000 4.200% June 1, 2011 263867 RQ8 50,000 4.300 June 1, 2012 263867 RR6 55,000 4.400 June 1, 2013 263867 RS4 55,000 4.500 June 1, 2014 263867 RT2 60,000 4.600 June 1, 2015 263867 RU9 60,000 4.700 June 1, 2016 263867 RV7 65,000 4.800 June 1, 2017 263867 RW5 70,000 4.900 June 1, 2018 263867 RX3 70,000 4.950 June 1, 2019 263867 RY1 75,000 5.000 June 1, 2020 263867 RZ8 80,000 5.000 June 1, 2021 263867 SA2 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) nd Passed and approved this 2 day of August, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Sunset Ridge Reconstruction Project – Motion to Reconsider: Council Member Braig requesting that the July 19, 2010 vote on the motion to approve the Sunset Ridge Reconstruction Project be reconsidered. Motion by Braig to receive and file the documents and reconsider the Sunset Ridge Reconstruction Project. Seconded by Lynch. Motion carried 7-0. Sunset Ridge Reconstruction Project: Communication from Steve Conlon, 655 Sunset Ridge, advising that the majority of residents of Sunset Ridge would like to rescind their opposition to sidewalk installation and request that the City Council approve the Sunset Ridge Reconstruction Project. Communication from Jeff Eddy, 565 Sunset Ridge, in objection to the installation of sidewalks. City Manager recommending approval of the Sunset Ridge Reconstruction Project with a revised project schedule. Motion by Braig to receive and file the documents and adopt Resolution No. 298-10 Approving plans, specifications, form of contract, and estimated cost for the Sunset Ridge Reconstruction Project, Resolution No. 299-10 Resolution with respect to the adoption of the Resolution of Necessity for the Sunset Ridge Reconstruction Project, and Resolution No. 300- 10 Approving schedule of assessments and estimate of total cost for the Sunset Ridge Reconstruction Project. Seconded by Connors. Braig read a short summary of the project’s history. Motion carried 7-0. 19 RESOLUTION NO. 298-10 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE SUNSET RIDGE 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 Sunset Ridge Reconstruction Project, in the estimated amount $1,548,102.82, are hereby approved. nd Passed, adopted and approved this 2 day of August, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 299-10 RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PROPOSED FOR THE SUNSET RIDGE RECONSTRUCTION PROJECT Whereas, the City Council has proposed a Resolution of Necessity for the Sunset Ridge Reconstruction Project and has given notice of the public hearing thereon as required by law; and Whereas, the public hearing has been held, all persons offering objections have been heard and consideration given to all objections and is pending before this Council; and Whereas, this is the time and place set as provided for the taking of action on the proposed Resolution of Necessity. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed Resolution of Necessity described above is hereby adopted, without amendment, and all objections filed or made having been duly considered are overruled. nd Passed, adopted and approved this 2 day of August, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 300-10 APPROVING SCHEDULE OF ASSESSMENTS AND ESTIMATE OF TOTAL COST FOR THE SUNSET RIDGE RECONSTRUCTION PROJECT NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the attached plat, schedule of assessments, and estimate of total cost for the Sunset Ridge Reconstruction Project are hereby approved. nd Passed, approved and adopted this 2 day of August, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk SUNSET RIDGE RECONSTRUCTION PROJECT PRELIMINARY SCHEDULE OF VALUATION AND PROPOSED ASSESSMENTS DATE: July 6, 2010 The following schedule is hereby determined to show each lot proposed to be assessed for the improvement shown in the title together with the amount proposed to be assessed against each lot and the valuations shown opposite each lot are hereby fixed as the true valuations of such lots by the City Council of the City of Dubuque. 20 PROPERTY OWNER NAME; LOT DESCRIPTION; PARCEL NUMBER; VALUATION; WITH IMPROVEMENT; NET PAVING IMPROVEMENT COST; NET PAVING IMPROVEMENT DEFICIENCY; TOTAL PUBLIC IMPROVEMENT COST; WATER SERVICE COSTS; SANITARY SEWER PRIVATE LATERAL COST; CONCRETE SIDEWALK COST; TOTAL NET ASSESSMENT; SANITARY CONNECTION CHARGE COSTS Nemmers, Genevieve F.; Lot 1-29 & 2-28 Sunset Ridge Sub; 10 35 252 001; $335,137.98; $4,207.46; $0.00; $4,207.46; -0-; $20,930.52; $0.00; $25,137.98 Koopmann, Leonard & Jody Scott Koopmann; Lot 1-1-2 ML 129 & Lot 2-1 Sunset Ridge; 10 35 179 003; $425,748.38; $1,148.90; $0.00; $1,148.90, -0-, $26,199.48; $0.00; $27,348.38 Wagner, Hubert & Elma N.; Lot 1-1 Sunset Ridge Sub; 10 35 251 001; $386,326.13; $4,357.69; $0.00; $4,357.69, -0-, $20,759.48; $4,208.96; $29,326.13 Scott, Michael H. & Nicola M.; Lot 2 Sunset Ridge & Lot 2-1-2 ML 129; 10 35 179 004; $370,353.13; $3,308.54; $0.00; $3,308.54, -0-, $20,659.67; $1,784.92; $25,753.13 Lots 27, 1-28 & 2-29 Sunset Ridge Sub; Schmitz, Margaret B. Trustee; 10 35 252 003; $354,574.75; $6,125.01; $0.00; $6,125.01; $918.39; $25,031.35; $0.00; $32,074.75 Wahlert, Susan L. Trustee Revocable Tr.; Sunset Ridge No 2 Lots 2-2 & 2-1 Both of ML 129; 10 35 179 010; $596,853.39; $6,366.36; $0.00; $6,366.36, -0-, $21,790.10; $3,496.93; $31,653.39 Obbink, Bruce A. & Kristi R.; Lot 26 Sunset Ridge Sub; 10 35 252 004; $488,398.21; $3,183.18; $0.00; $3,183.18, -0-, $22,805.03; $0.00; $25,988.21 Mohr, Matthew D. & Jennifer M.; Lot 25 Sunset Ridge Sub; 10 35 252 005; $358,453.66; $3,183.18; $0.00; $3,183.18; $918.39; $21,152.09; $0.00; $25,253.66 Eddy, Jeffrey W. & Charlene A.; Lot 2-1-1 ML 129 & Lot 5 Sunset Ridge; 10 35 179 007; $301,127.38; $3,220.62; $0.00; $3,220.62, -0-, $22,218.61; $1,488.15; $26,927.38 De Long, Myra E.; Lot 24 Sunset Ridge Sub; 10 35 252 006; $416,310.08; $3,213.97; $0.00; $3,213.97, -0-, $24,596.11; $0.00; $27,810.08 Lot 6 Sunset Ridge & Lot 1-1-1 ML 129; Kennedy, James G. & Frances D.; 10 35 179 008; $442,653.97; $3,476.25; $0.00; $3,476.25, -0-, $27,248.31; $2,729.41; $33,453.97 Kreiss, Jon N. & Molly A.; Lot 22 & S 20' Lot 23 Sunset Ridge Sub; 10 35 252 008; $347,728.48; $3,886.31; $0.00; $3,886.31, -0-, $21,142.17; $0.00; $25,028.48 Lot 21 Sunset Ridge Sub; Roling, Benjamin M.; 10 35 252 009; $343,231.32; $3,241.80; $0.00; $3,241.80, -0-, $19,989.52; $0.00; $23,231.32 Conlon, Stephen D.; Lot 1 Sunset Ridge #4; 10 35 251 005; $785,086.34; $9,074.96; $0.00; $9,074.96, -0-, $23,580.73; $5,630.65; $38,286.34 Richardson, James R.; Lot 1 Sunset Ridge #3; 10 35 252 012; $353,535.13; $3,260.76; $0.00; $3,260.76, -0-, $24,274.37; $0.00; $27,535.13 Their, Tony A. & Anna K.; Lot 2 Sunset Ridge #3 & N 1/2 Lot 18 Sunset Ridge; 10 35 252 014; $295,345.26; $5,023.64; $0.00; $5,023.64; $918.39; $19,653.23; $0.00; $25,595.26 Kalb, Andrew E. & Conlon, Rebecca E.; Lot 1 Sunset Ridge #5; 10 35 251 006; $411,222.65; $5,622.10; $0.00; $5,622.10, -0-, $23,364.48; $3,436.07; $32,422.65 S 1/2 Lot 18 Sunset Ridge; McNamara, Timothy J.; 10 35 402 002; $253,981.29; $1,594.18; $0.00; $1,594.18; $918.39; $16,668.72; $0.00; $19,181.29 Wertheimer, Mark & Barbara R.; Lots 13, 1-1-14, 2-12 All in Sunset Ridge; 10 35 401 002; $553,781.04; $4,486.74; $0.00; $4,486.74, -0-, $19,107.02; $2,087.28; $25,681.04 Heitzman, Wesley W. & Harriet; Lot 1-15 Sunset Ridge; 10 35 402 005; $280,484.15; $4,361.14; $0.00; $4,361.14; $918.39; $21,804.62; $0.00; $27,084.15 Woodward, Thomas N. & Charlice L.; Lot 2 Faldorf Place (4.6 Ac) & Lots 2-14 & 2-15 Sunset Ridge; 10 35 402 009; $555,436.91; $8,975.46; $0.00; $8,975.46; -0-, $22,993.51; $767.94; $32,736.91 Smith, Peter L. & Susan M.; Lot 2-14 Sunset Ridge; 10 35 401 003; $264,636.56; $3,630.92; $0.00; $3,630.92, -0-, $17,734.28; $1,971.36; $23,336.56 Lot 2-7 Sunset Ridge Sub; Kennedy, James G. & Frances D.; 10 35 251 002; $28,025.39; $1,501.57; $0.00; $1,501.57, -0-, $0.00; $0.00; $1,501.57; $1,923.82 De Long, Myra E.; N 80' or Bal Lot 23 Sunset Ridge Sub; 10 35 252 007; $66,534.67; $2,566.00; $0.00; $2,566.00, -0-, $3,068.67; $0.00; $5,634.67 Lot 2 Sunset Ridge #5; Conlon, Stephen D.; 10 35 401 005; $78,230.04; $2,534.97; $0.00; $2,534.97; $1,442.10; $0.00; $1,724.70; $5,701.77; $3,028.27 McNamara, Timothy J.; Lot 17 Sunset Ridge; 10 35 402 003; $35,174.85; $3,193.77; $0.00; $3,193.77; $918.39; $3,762.69; $0.00; $7,874.85 McNamara, Timothy J.; Lot 16 Sunset Ridge; 10 35 402 004; $50,885.30; $3,190.82; $0.00; $3,190.82, -0-, $9,394.48; $0.00; $12,585.30 21 Wartburg Theological Seminary; Lot 1-1 & 2-1 both of ML 132; 10 35 128 006; $991,612.88; $0.00; $0.00; $0.00, -0-, $0.00; $1,092.88; $1,092.88 "All" McDonald Wartburg Place; Conlon, Christine; 10 35 201 007; $737,616.35; $0.00; $0.00; $0.00, -0-, $31,316.35; $0.00; $31,316.35 TOTALS = $107,936.29; $6,952.44; $531,245.59; $30,419.25; $676,553.57 Trash and Ash Cans on Public Right-of-Way: City Manager recommending approval of general guidelines for ash and trash cans placed on public right-of-way. Motion by Jones to receive and file the documents and approve the recommendation. Seconded by Connors. Connors questioned the number of cans required vs. the number of building entrances. Lynch opposed the measure stating it should not be forced upon business owners. Voetberg stated it’s a solution to a non-existent problem. Resnick questioned the safety of possibly combining ash and trash. Van Milligen stated that the guidelines would regulate the public right-of-way and not private business property. City Engineer Gus Psihoyos stated that compliance would be complaint driven and that the standards would be enforced through the Engineering Department. Motion failed 3-4 with Voetberg, Braig, Buol and Lynch voting nay. Repeal of Cell Phone Ordinance: City Manager recommending that the cell phone ordinance be repealed due to the adoption of State legislation on texting and cell phone use. Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Resnick. Motion carried 6-1 with Buol voting nay. Motion by Jones for final consideration and passage of Ordinance No. 45-10 Repealing Ordinance No. 11-10 Prohibiting the Use of an Electronic Communications Device While Operating a Motor Vehicle. Seconded by Resnick. Buol stated he believed the City’s Ordnance was appropriate. Motion carried 6-1 with Buol voting nay. OFFICIAL PUBLICATION ORDINANCE NO. 45-10 REPEALING ORDINANCE NO. 11-10 PROHIBITING THE USE OF AN ELECTRONIC COMMUNICATIONS DEVICE WHILE OPERTING A MOTOR VEHICLE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Ordinance No. 11-10 is repealed effective July 1, 2010. nd Passed, approved and adopted this 2 day of August, 2010 /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 6 day of August, 2010. /s/Jeanne F. Schneider, CMC, City Clerk Fiscal Year 2011 Dubuque County REAP Plan: City Manager recommending approval of the City of Dubuque’s update of the Fiscal Year 2011 Dubuque County REAP Plan, submittal of the Fiscal Year 2011 REAP grant application for installation of the Iowa 32 Bike / Hike Trail – Phase 4 Project and appointment of a City Council representative (currently Council Member Joyce Connors) to the REAP Committee. Motion by Jones to receive and file the documents and adopt Resolution No. 301-10 Authorizing REAP Grant application to Iowa Department of Natural Resources for Iowa 32 Bike/Hike Trail (Phase 4) and appoint Council Member Joyce Connors as representative. Seconded by Lynch. Motion carried 7-0. 22 RESOLUTION NO. 301-10 AUTHORIZING REAP GRANT APPLICATION TO IOWA DEPARTMENT OF NATURAL RESOURCES FOR IOWA 32 BIKE/HIKE TRAIL (PHASE 4) Whereas, the Iowa Department of Natural Resources has allocated grant funds in the REAP (Resource Enhancement and Protection) Program for the development of bike/hike trails; and Whereas, the City of Dubuque has adopted the 2008 Comprehensive Plan that includes goals for development of bike/hike trails; and Whereas, the City of Dubuque has adopted the 2008 Tri-State Trail Plan that includes the Iowa 32 Bike/Hike Trail (Phase 4) as a High Priority project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Mayor hereby is authorized to sign and the Planning Services Manager is hereby authorized to submit an application to the Iowa Department of Natural Resources for REAP funds for the Iowa 32 Bike/Hike Trail (Phase 4). Section 2. That in the event said application is approved, the City Council hereby provides its written assurance that the completed project will be adequately maintained for its intended use in accordance with state requirements. nd Passed, approved and adopted this 2 day of August 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 2009 International Fire Code: City Manager recommending approval of the adoption of the 2009 International Fire Code published by the International Code Council, Inc. Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Resnick. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 46-10 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article E Fire Code and Regulations by repealing such section and adopting a new Title 14, Chapter 1, Article E, Sections 1 through 5 which adopt the International Fire Code, 2009 Edition, amends the International Fire Code, 2009 Edition, as adopted, and provides for enforcement, addresses emergent situations, and provides discretion to the Fire Chief. Seconded by Resnick. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 46-10 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE E FIRE CODE AND REGULATIONS BY REPEALING SUCH SECTION AND ADOPTING A NEW TITLE 14, CHAPTER 1, ARTICLE E, SECTIONS 1 THROUGH 5 WHICH ADOPT THE INTERNATIONAL FIRE CODE, 2009 EDITION, AMENDS THE INTERNATIONAL FIRE CODE, 2009 EDITION, AS ADOPTED, AND PROVIDES FOR ENFORCEMENT, ADDRESSES EMERGENT SITUATIONS, AND PROVIDES DISCRETION TO THE FIRE CHIEF NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 14-1E-1 of the City of Dubuque Code of Ordinances is amended by repealing Section 14-1E-1 and enacting a new Section 14-1E-1 in lieu thereof as follows: 14-1E-1: INTERNATIONAL FIRE CODE ADOPTED: 23 Except as hereinafter added to, deleted, modified or amended, the International Fire Code, 2009 edition, as promulgated by the International Code Council, is hereby adopted by reference from the effective date hereof. A copy of the International Fire Code, 2009 edition, shall be on file in the office of the city clerk for public inspection. Section 2. Section 14-1E-2 of the City of Dubuque Code of Ordinances is amended by repealing Section 14-1E-2 and enacting the following additions, deletions, modifications, or amendments of the International Fire Code, 2009 Edition, adopted in Section 14-1E-1 to read as follows: 14-1E-2: INTERNATIONAL FIRE CODE AMENDMENTS: Section 102.5, Historic buildings. Repairs, alterations and additions necessary for the preservation, restoration, rehabilitation, continued use or change of use of a historic building may be made in compliance with the provisions of the 1997 Edition of the Uniform Code for Building Conservation (UCBC) or Title 14, Chapter 5 of the City of Dubuque Code of Ordinances. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Wherever in this code reference is made to the appendix, the provisions in the appendix shall not apply unless specifically adopted. Section 104.1.2, Fire/Police Investigators. The fire chief may appoint and designate such members of the fire department as fire/police investigators upon being certified by the Iowa Law Enforcement Academy. A fire/police investigator shall have the powers of a peace officer in performing the duties under this code, including full powers of arrest to effectuate the duties of enforcing city ordinances and state statutes. Notwithstanding such status as a peace officer, a fire/police investigator shall be subject to the rules and regulations of the Dubuque fire department and shall perform such functions as the fire chief shall assign. Section 105, Permits Required. It shall be unlawful for any person, firm or corporation to use a building or premises or engage in any activities for which a permit is required by the code of ordinances without first having obtained such permit. Section 108. Whenever the fire chief shall disapprove an application or refuse to grant a permit applied for, that applicant may appeal from the decision of the fire chief to the city manager within ten (10) days from the date of the decision appealed. Such appeal to the city manager shall be made in writing setting forth the decision appealed from and the grounds for such appeal. Section 109.3, Violation Penalties is hereby repealed. Section 3. Sections 14-1E-3, 14-1E-4, and 14-1E-5 of the City of Dubuque Code of Ordinances is amended by repealing Sections 14-1E-3, 14-1E-4, and 14-1E-5 and enacting new Sections 14-1E-3, 14-1E-4, and 14-1E-5 in lieu thereof as follows: 14-1E-3: INTERNATIONAL FIRE CODE ENFORCEMENT: The code adopted by section 14-1E-1 of this article shall be enforced by the bureau of fire prevention in the fire department of the city. 14-1E-4: EMERGENCIES: Where a situation requires immediate decision that of the fire chief shall be final and conclusive. 14-1E-5: SPECIAL CONDITIONS: The fire chief in matters of fire prevention shall have full power to exercise judgment in a reasonable and proper manner and rule accordingly on all special cases in regard to any of 24 the matters and things treated in this code relating to fire hazards not specifically covered thereby. Section 4. This Ordinance shall take effect on publication. th Passed, approved and adopted the 6 day of August, 2010. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 6 day of August, 2010. /s/Jeanne F. Schneider, CMC, City Clerk COUNCIL MEMBER REPORTS Buol reported that he had received many great comments from RAGBRAI visitors and participants. Resnick thanked Dubuque citizens for the good reception provided to RAGBRAI participants. Jones acknowledged the work of City staff on this year’s RAGBRAI. Braig acknowledged the Boy Scouts in attendance. Voetberg reported that the get-well cards and letters he has received are greatly appreciated. PUBLIC INPUT Phil French, 1025 Rockdale Road, expressed his comments and suggestions regarding public safety including police walking the streets, 24-hour park patrol, encourage people to stick together and get to know their neighbors, increased diversity on the Police Department, loud music, drug paraphernalia found near schools, offensive public appearance of citizens, people and police are afraid to walk downtown, and believes taxpayers are not represented and are frustrated. There being no further business, upon motion the City Council adjourned at 8:52 p.m. /s/Jeanne F. Schneider, CMC City Clerk 25