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2005 September Council Proceedings Regular Session, September 6, 2005 325 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, Tuesday, September 6, 2005 Council met in Regular Session at 6:30 P.M. in the Library Auditorium Present: Mayor Duggan, Council Buol, Cline, Connors, Markham, Nicholson, City Manager Van Corporation Counsel Lindahl. Members Michalski, Milligen, Mayor Duggan read the call and stated this is a regular session called for the purpose of discussing such matters which may properly come before the Council. Invocation was given by Reverend David Pacholke, Chaplain, The Finley Hospital. Proclamations: Public Safety Memorial Day (September 15, 2005) received by Reverend David Pacholke; and National Addiction Recovery Month (September, 2005) CONSENT ITEMS Minutes and Reports Submitted: City Council of 8/15; Civil Service Commission of 7/26; Five Flags Commission of 7/18; Historic Preservation Commission of 8/18; Park and Recreation Commission of 8/9, presented and read. Buol moved that the minutes be received and filed. Seconded by Nicholson. Motion carried 7-0. Printed City Council Proceedings for May, 2005, presented and read. Buol moved that the proceedings be received and filed and approved as printed. Seconded by Nicholson. Motion carried 7-0. Proofs of publication of City Council Proceedings for August 1 and 15, 2005, presented and read. Buol moved that the proofs be received and filed. Seconded by Nicholson. Motion carried 7-0. Notice of Claims/Suits; Lois M. Bublitz vs. City of Dubuque; Joan Higley for property damage; Dave Hanson for personal injury; Roger Schadler for property damage, presented and read. Buol moved that the claims and suits be received and filed and referred to Legal for investigation and report. Seconded by Nicholson. Motion carried 7-0. Corporation Counsel advising that the following claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Dave Hanson for personal injury, presented and read. Buol moved that the communication be received and filed and concurred. Seconded by Nicholson. Motion carried 7-0. Corporation Counsel recommending approval of the claim of Yolanda Feldman-Brauer for property damage and the claim of Connie Jones for property damage and directing the Finance Department to issue payment, presented and read. Buol moved that the communications be received and filed and concurred and Finance to issue payments. Seconded by Nicholson. Motion carried 7-0. Corporation Counsel recommending denial of the claim of Dave Welu for vehicle damage, presented and read. Buol moved that the communication be received and filed and concurred. Seconded by Nicholson. Motion carried 7-0. Whites Place - Acceptance of Warranty Deed: City Manager recommending approval of the acceptance of the Warranty Deed for Lot 2 of Whites Place, a property purchased for the Carter Road Detention Basin Project in February, 2004, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7- O. RESOLUTION NO. 390-05 ACCEPTING A CONVEYANCE OF PROP- ERTY OF LOT 2 OF WHITES PLACE TO THE CITY OF DUBUQUE Whereas, the City of Dubuque entered into an Acquisition Agreement with Steven P. and Michelle R. Whites pursuant to which Steven P. and Michelle R. Whites agreed to convey Lot 2 of Whites Place, in the City of Dubuque, Iowa, as shown on the Warranty Deed thereof; and Whereas, Steven P. and Michelle R. Whites have executed a conveyance of said property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council of the City of Dubuque, Iowa, hereby approves of, accepts, and consents to the Warranty Deed from Steven P. and Michelle R. Whites, copies of which are attached hereto, as required by Iowa Code Section 569.7. 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. 326 Regular Session, September 6, 2005 Passed, approved and adopted this 61h day of September, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Nichoison. Motion carried 7-0. Agreement for Alley Improvements on Rosedaie Avenue: City Manager recommending approval of an agreement between the City and Michaei J. Mulgrew to improve and use an existing platted alley adjacent to 1144 Rosedale Avenue, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 7-0. Marshall Park Sanitary Sewer Extension Project: City Manager recommending acceptance of the Marshall Park Sanitary Sewer Extension Project, as completed by Fondell Excavating, in the final contract amount of $85,689.65, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 391-05 ACCEPTING THE MARSHALL PARK SANITARY SEWER EXTENSION PROJECT Whereas, the contract for the Marshall Park Sanitary Sewer Extension Project (the Project) has been completed and the City Manager has examined the work and filed a certificate stating that the Project has been completed according to the terms of the contract, plans and specifications and that the City Manager recommends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Manager is approved and the Project is hereby accepted. Section 2. The City Treasurer is hereby directed to pay to the contractor from the Fiscal Year 2004 Sanitary Sewer Construction Fund appropriation for the contract amount in the amount of $85,689.65 less any retained percentage provided for therein as provided in Iowa Code Chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code Chapter 573. Passed, approved and adopted this 61h day of September, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION 392-05 FINAL ESTIMATE Whereas, the construction contract for the Marshall Park Sanitary Sewer Extension Project has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $98,543.10 and the said amount shall be paid from the allocation from the Fiscal Year 2004 Sanitary Sewer Construction Fund appropriation of the City of Dubuque, Iowa. Passed, approved and adopted this 61h day of September, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Cierk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Hy-Vee Subdivision - Acceptance of Public Improvements: City Manager recommending acceptance of the public improvements recently completed in Hy-Vee Subdivision, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 393-05 ACCEPTING IMPROVEMENTS IN HY.VEE SUBDIVISION Whereas, pursuant to Resolution Nos. 364-04 and 418-04 and Ordinance No. 71-04, certain improvements including sanitary sewer and watermain were installed by the developer of Hy-Vee Subdivision. Whereas, the improvements have been completed and the City Manager has examined the work and has filed a certificate stating that the same has been completed in accordance with the plans approved by City Engineering and in conformance with City specifications, and has recommended that the improvements be accepted by the City Council. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said improvements in Hy-Vee Subdivision be and the same is hereby accepted. Section 2. That maintenance of said improvements shall be the responsibility of the owner, Hy-Vee, Inc., for a period of two years from this date. Passed, adopted and approved this 61h day of September, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Regular Session, September 6, 2005 Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Pennsylvania Avenue I Radford Road Sidewalk Installation Project: City Manager recommending acceptance of the Pennsylvania Avenue I Radford Road Sidewalk Installation Project, as completed by Skyline Construction, in the final contract amount of $6,368.77, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 394-05 ACCEPTING THE PENNSYLVANIA AVENUE- RADFORD ROAD SIDEWALK INSTALLATION PROJECT Whereas, the contract for the Pennsylvania Avenue - Radford Road Sidewalk Installation Project (the Project) has been completed and the City Manager has examined the work and filed a certificate stating that the Project has been completed according to the terms of the contract, plans and specifications and that the City Manager recommends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Manager is approved and the Project is hereby accepted. Section 2. The City Treasurer is hereby directed to pay to the contractor from the Saies Tax Fund in the amount of $6,368.77 the contract amount less any retained percentage provided for therein as provided in Iowa Code Chapter 573, and to pay such retain age only in accordance with the provisions of Iowa Code Chapter 573. Passed, approved and adopted this 6th day of September, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 395-05 FINAL ESTIMATE Whereas, the construction contract for the Pennsylvania Avenue - Radford Road Sidewalk Installation Project has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $12,587.83 and the said amount shall be paid from the Local Option 327 Sales Tax Fund in the amount of $7,907.33 and special assessments in the amount of $4,680.50. Passed, approved and adopted this 6th day of September, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 396-05 RESOLUTION APPROVING THE PRELIMI- NARY SCHEDULE OF FINAL ASSESSMENTS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the attached sheet(s), Page 1 to Page 1 inclusive, is hereby determined to be the Preliminary Schedule of Final Assessments for the Pennsylvania Avenue - Radford Road Sidewalk Installation Project and the valuations set out herein are hereby approved. Passed, approved and adopted this 6th day of September, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Villa Street Retaining Wall Reconstruction Project: City Manager recommending acceptance of the Villa Street Retaining Wall Reconstruction Project, as completed by WC Stewart Construction Company in the final contract amount of $324,416.69, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 397-05 ACCEPTING IMPROVEMENT FOR THE VILLA STREET RETAINING WALL 2004 RECONSTRUCTION PROJECT Whereas, the contract for the Villa Street Retaining Wall - 2004 Reconstruction Project (the Project) has been completed and the City Manager has examined the work and filed a certificate stating that the Project has been completed according to the terms of the contract, plans and specifications and that the City Manager recommends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Manager is approved and the Project is hereby accepted. Section 2. The City Treasurer is hereby directed to pay to the contractor the contract amount less any retained percentage provided for therein as provided in Iowa Code Chapter 328 Regular Session, September 6, 2005 573, and to pay such retainage oniy in accordance with the provisions of iowa Code Chapter 573. Section 3. The City shall be reimbursed for eligible costs from FEMA (75%), the State of Iowa (10%), and the remaining City share (15%) shall be paid from the Fiscal Year 2005 General Retaining Wall Repair funds of the City of Dubuque, Iowa. Passed, approved and adopted this 6th day of September, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 398-05 FINAL ESTIMATE Whereas, the contract for the Villa Street Retaining Wall - 2004 Reconstruction Project has been compieted and the City Engineer has submitted his final estimate showing the cost thereof inciuding the cost of estimates, notices and inspection and all miscellaneous costs. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCiL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $363,036.76 and the said amount shall be paid by the City and shall be reimbursed for eligible costs from FEMA (75%), the State of Iowa (10%), and the remaining City share (15%) shall be paid from the Fiscal Year 2005 General Retaining Wall Repair funds of the City of Dubuque, Iowa. Passed, approved and adopted this 6th day of September, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Fremont Avenue Reconstruction Project - Final Assessments: City Manager recommending approval of the final assessment schedule for the Fremont Avenue Reconstruction Project, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 399-05 A RESOLUTION ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE FREMONT AVENUE RECONSTRUCTION PROJECT INCLUDING CERTAIN INFORMATION REQUIRED BY THE CODE OF IOWA, SPECIFICALLY, THE NUMBER OF ANNUAL INSTALLMENTS INTO WHICH ASSESSMENTS ARE DIVIDED, THE INTEREST ON ALL UNPAID INSTALLMENTS, THE TIME WHEN THE ASSESSMENTS ARE PAYABLE AND DIRECTING THE CLERK TO CERTIFY THE FINAL SCHEDULE 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 accompanying final schedule of assessments to be made for the construction of the Fremont Avenue Reconstruction Project under contract with WC Stewart Construction Co. of Dubuque, Iowa, for which the final schedule of assessments were filed in the office of the City Clerk on the 6th day of September, 2005, the said schedule of assessments be and the same is hereby approved and adopted. That there be, and is hereby assessed and levied as a special tax against and upon each of the lots, the respective sums indicated. Provided, further, that the amounts shown in said final schedule of assessments as deficiencies are found to be proper and levied conditionally against the respective properties benefited by the improvements as shown in the schedule, subject to the provisions of Section 384.63 of the Code of Iowa. Said assessments against said lots are hereby deciared to be in proportion to the special benefits conferred and not in excess of twenty-five percent of the value of same. 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 Section 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 Section 384.60 of the Code of Iowa. That assessments may be paid in full or in part without interest at the office of the City Treasurer, City Hall, 50 W. 13th Street, Dubuque, Iowa, at any time within 30 days after the date of the first publication of this notice of the filing of the final schedule of assessments with the County Treasurer. After 30 days, unpaid assessments of $100.00 or more are payable in 10 annual installments at the County Treasurer's Office, Dubuque County Courthouse, 720 Central, Dubuque, iowa, and will draw annual interest at nine (g) percent (commencing on the date of acceptance of the work) computed to the December 1 next following the due dates of the respective installments as provided in Section 384.65 of the Code of Iowa. Each installment will be delinquent from October 1 following its due date on July 1 of each year. Property Regular Session, September 6, 2005 329 owners may elect to pay any annual installments semiannually in advance. Passed, approved and adopted this 6th day of September, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk FREMONT AVENUE RECONSTRUCTION (DODGE TO SIMPSON) FINAL SCHEDULE OF VALUATION OF ASSESSMENTS OWNER PARCEL PAVING ASSESS. WATER ASSESS. TOTAL Bickel, Kenneth R. & Nancy N. 1026405015 $1,092.03 927.89 $2,019.92 Bissell, Ann E. 1026405017 $191.58 $ 191.58 Dissell, Debra L. 102640516 $ 88.58 $ 88.58 Oakwood Investments GP. 1026405019 $ 53.35 $ 53.35 Corbett, Marcella E. & Martha A. 1026405013 $1,100.01 $1,100.01 Lyons, Jane Milson 1026406010 1,887.35 $1138.37 $3.025.72 Keraus, John W. & Nikki N. 1026405014 $1,100.01 $ 927.89 $2,027.90 American Trust Bank - Mary Elizabeth Nemmers Trust: 1026453001 $3,226.44 $3,226.44 Skaife, Nancy Lee 1026451003 $2,540,15 $889.62 $3,429.77 Pierotti, Stephen E. & Charlene 1026453002 $2,030.06 $2,030.06 Nank, Jeffrey D. & Kathryn E. 1026451006 $ 270.04 $270.04 Thompson, Mary V. Trust 1026378020 $344.02 $344.02 Reyerson, Donald H, & Denise G. 102637801 g $308.78 $308,78 Arnold, Carolyn J. 1026453007 $2,493.42 $2,493.42 Gisch, Paul J. & Anna Mae 1026378039 $1,585.38 $1,585.38 Tart, David & Marta 1026453008 $3,419.38 $3.419.38 Rhomber9, Janet S. 1026378040 $2,303.40 $2,303.40 Enzler, Jerome & Fischer, K. 1026378037 $ 615.62 $615.52 Knapp, Scott A. & Stacy L. 1026378036 $ 290.87 $290.87 Wa9ner, Robert J. & Cynthia S, 1026453009 $ 2,175.88 $2,175,88 Moberly, John W, & Juanita S. 1026378041 $2,516.98 $1,214.91 $3,731,89 Brachman, Ray & Colleen S. 1026451002 $ 108.64 $108.64 Carbone, Rhonda A. et ai, Life Estate Pamela Murphy 1026451007 $1,074,90 $ 889.62 $1,964.52 Gruhl, Ivan & Kathleen T. Trustee 1026451007 $4,121.63 $1,245.05 $5,355.68 1026451008 $2,076.07 1026377012$ $ 127.13 1026377017$ $ 385.49 1026377018$ $ 357.26 1026452001 $2,617.32 1026453004 $2,420.22 1026377015 $ 154.39 Nank, Jeffrey D. & Kathryn E. $1,186.45 $ 889.62 Wick, Warrington C,& Dorothy 127.13 Krieg, David F. 385.49 Krie9, David F. 357.26 Lathrop, Carolynne S. $ 1,727.70 $889.62 Carew, Greg & Mary $ 2,420.22 Scott, Linda J. $154.39 Herrig, Kimberly K. & Spiral, Inc. 1026452002 $ 1,474.21 Krieg, David F. 026377016 $ 3,398.55 Sakas, Peter & Ginger $4,169.92 Meester, Gerald L. MD & Connie 1026453017 $1,238.24 Schmid, John J. Jr. & Mantea K. $4,311.46 $870.48 Thompson, Mary V. Trust $3,517.89 $759,00 Wartburg Theological Seminary 1035128001 $1,631.72 $1,631.72 Remakel, Donald J. & Wanda 1026379008 $1,636.78 $1,636.78 TOTALS: $62,675.90 $10,631.07 $73,306.98 Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. $ 1,474.21 $ 3,398.55 1026453016 $4,169.92 $1,238.24 1026453006 $5,181.94 1026378038 $4,276.69 Arboretum Entrance Road Construction Project: City Manager recommending acceptance of the Arboretum Entrance Road Construction Project as completed by Porlzen Construction, Inc. of Dubuque, Iowa, in the final contract amount of $105,814.49, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 400-05 ACCEPTING THE ARBORETUM ENTRANCE ROAD CONSTRUCTION PROJECT Whereas, the contract for the Arboretum Entrance Road Construction Project (the Project) has been completed and the City Manager has examined the work and filed a certificate stating that the Project has been completed according to the terms of the contract, plans and specifications and that the City Manager recommends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Manager is approved and the Project is hereby accepted. 330 Regular Session, September 6, 2005 Section 2. The City Treasurer is hereby directed to pay to the contractor from the Marshall Park Entrance Road Reconstruction Capital improvement Project, General Fund appropriation in the contract amount of $122,475.15 less any retained percentage provided for therein as provided in Iowa Code Chapter 573, and to pay such retain age only in accordance with the provisions of Iowa Code Chapter 573. Passed, approved and adopted this eth day of September, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 401-05 FINAL ESTIMATE Whereas, the construction contract for the Arboretum Entrance Road Construction Project has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs. NOW THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $122,475.15 and the said amount shall be paid from the Marshall Park Entrance Road Reconstruction Capital Improvement Project, General Fund appropriation of the City of Dubuque, Iowa. Passed, approved and adopted this eth day of September, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Nichoison. Motion carried 7-0. Agreement with Hillcrest Family Services: City Manager recommending approval of an agreement with Hillcrest Family Services for the use of Murphy Park from October 28, 2005 through January 11, 200e for the annual holiday light display, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 7-0. Dubuque Hockey, Inc. Contract with the Five Flags Center: City Manager recommending approval of a contract between the Five Flags Center and Dubuque Hockey, Inc., d/b/a Dubuque Thunderbirds, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 7-0. International Union of Operating Engineers, Local #758: City Manager recommending approval of an amendment to the Collective Bargaining Agreement between the City and the International Union of Operating Engineers, Local #758 to be effective October 1, 2005 through September 30, 200e, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 7-0. Specific and Aggregate Stop Loss Insurance Renewal: City Manager recommending that the City continue with Allianz as the stop-loss carrier for the City's health pians for individuai and aggregate stop-loss insurance, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 7-0. Cooperative Winter Maintenance Agreement: City Manager recommending approval of a new cooperative winter maintenance agreement between the City and County of Dubuque, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 402-05 RESOLUTION APPROVING COOPERATIVE WINTER MAINTENANCE AGREEMENT BETWEEN THE CITY OF DUBUQUE AND DUBUQUE COUNTY Whereas, certain roadways in Dubuque county are divided down the centerline between Dubuque County and the City of Dubuque; and Whereas, the City of Dubuque, Iowa and Dubuque County, Iowa agree that winter road maintenance divided down roadway centerlines is not cost efficient or practical; and Whereas, the City of Dubuque is willing to perform winter maintenance operations on portions of roadways located in Dubuque county, specifically, Old Highway Road, Cousins Road, Peru Road and Seippel Road; and Whereas, Dubuque County is willing to perform winter maintenance operations on portions of roadways located in the city of Dubuque, specifically, English Mill Road, Cottingham Road, North Cascade Road, Riverside Drive, Lake Eleanor Road, John F. Kennedy Road and Middle Road; and Whereas, it is necessary that the City of Dubuque and Dubuque County enter into an agreement regarding the winter maintenance on these roadways. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council of the City of Dubuque, Iowa hereby approves and directs the Mayor to sign the attached Agreement with Regular Session, September 6, 2005 331 Dubuque County for winter maintenance operations on said roadways. Passed, approved and adopted this 6th day of September, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Purchase of Property - 2311 Prince Street: City Manager recommending approval of the purchase of a residential dwelling located at 2311 Prince Street as part of the acquisition program associated with expansion of the Bee Branch Creek Restoration Project, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 403-05 A RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE LOCATED AT 2311 PRINCE STREET, IN THE CITY OF DUBUQUE Whereas, the City of Dubuque intends to acquire certain properties located in the area of the Bee Branch Creek Restoration Project for stormwater mitigation activities as recommended in the 2001 HDR "Drainage Basin Master Plan;" and Whereas, a purchase agreement has been finalized with the owner of the third property scheduled for acquisition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby approves the acquisition of the following iegally described property: Lot 58 Sanford's Subdivision in the City of Dubuque, Dubuque County, Iowa according to the recorded Plat thereof. At the cost of Thirty-four thousand dollars ($34 000). Section 2. That the City of Dubuque be and is hereby authorized to accept a Quit Claim deed from the owner, conveying the owner's interest to the City of Dubuque, Iowa for the herein described real estate. Section 3. That the City Clerk be and she is hereby authorized and directed to cause said Quit Claim Deed to be recorded in the office of the Dubuque County Recorder, together with certified copy of the Resolution. Section 4. That the City Clerk be and she is hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. Passed, approved and adopted this 6th day of September, 2005. Terrance M. Duggan, Mayor Attest: Jeanne Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Relocation of White Water Creek Bridge: City Manager recommending approval of the issuance of a Request for Proposal (RFP) for professional design services for the Historic White Water Creek Bridge Relocation Project, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 7-0. Shot Tower Archeological Survey: City Manager recommending approval of an agreement with the State Historical Society of Iowa for a $15,500 Historic Resources Development Program (HRDP) Grant for the Shot Tower Archeological Survey, presented and read. Buol moved that the communication be received' and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 404-05 RESOLUTION AUTHORIZING A GRANT AGREEMENT FOR THE HISTORIC RESOURCE DEVELOPMENT PROGRAM FOR THE SHOT TOWER ARCHEOLOGICAL SURVEY Whereas, the State Historical Society of Iowa has awarded a $15,500 Historic Resource Development Program (HRDP) grant to the City of Dubuque for an archeological survey of the historic Shot Tower; and Whereas, the City of Dubuque has determined that the Shot Tower is an historically and architecturally significant structure in need of rehabilitation and interpretation; and Whereas, the National Park Service has awarded the City of Dubuque a Save America's Treasures grant for rehabilitation and interpretation of the Shot Tower, and as part of the grant agreement requires that the City conduct an archeological survey of the Shot Tower; and Whereas, the rehabilitation and interpretation of the Shot Tower is included as a component of the Vision Iowa grant for the America's River project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1.That the HRDP grant agreement with the State Historical Society to conduct the Shot Tower archeological survey is hereby approved. Section 2. That the Planning Services Manager is hereby authorized to sign and submit the HRDP grant agreement for this project. Passed, approved and adopted this 6th day of September 2005. 332 Regular Session, September 6, 2005 Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nichoison. Motion carried 7-0. Construction Administration Services Synergy Court Project: City Manager recommending approval of a contract with Buesing & Associates, Inc., for construction administration services associated with the Synergy Court project, presented and read. Buol moved that the communication be received and fiied and approved recommendation. Seconded by Nicholson. Motion carried 7-0. Housing Enterprise Zone Program Agreement: City Manager recommending approval of a Housing Enterprise Zone Program Agreement for Community Housing Initiatives for the Washington Court project, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 405-05 RESOLUTION APPROVING A HOUSING ENTERPRISE ZONE PROGRAM AGREE- MENT BY AND AMONG THE IOWA DEPARTMENT OF ECONOMIC DEVELOP- MENT, THE CITY OF DUBUQUE AND COMMUNITY HOUSING INITIATIVES FOR THE WASHINGTON COURT PROJECT. Whereas, the City of Dubuque has established two Enterprise Zones and an Enterprise Zone Commission; and Whereas, the Enterprise Zone Commission on June 27, 2005 approved the application of Community Housing Initiatives for Housing Enterprise Zone benefits for the Washington Court project; and Whereas, Community Housing Initiatives' application for the Washington Court project was approved by the Iowa Department of Economic Development on July g, 2005; and Whereas, the Iowa Department of Economic Development has prepared and submitted for City Council approval an agreement relating to Housing Enterprise Zone benefits for Community Housing Initiatives (Washington Court) a copy of which is attached hereto and by this reference made a part hereof; and Whereas, the City Council finds that the proposed agreement is acceptable and necessary to the growth and development of the city. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Iowa Department of Economic Development Housing Enterprise Zone Program Agreement, #05-HEZ-053, is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute the Agreement on behalf of the City of Dubuque and fOlWard the executed copy to the Iowa Department of Economic Development for their approval. Passed, approved and adopted this 6th day of September 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. 409 Burch Street (Tabled on August 1, 2005): City Manager submitting an update on the progress being made on 409 Burch Street and recommending that this item be tabled to October 3, 2005, presented and read. Buol moved that this be received and filed and tabled to October 3, 2005. Seconded by Nichoison. Motion carried 7-0. Cooper Management Company, LLC - Outdoor Service Liquor Application (Tabled on August 1, 2005): City Manager recommending that action on the outdoor service liquor application be tabled to October 3, 2005 to allow sufficient time to evaluate improvements at Bricktown with the colleges back in session, presented and read. Buol moved to receive and file and table to October 3, 2005. Seconded by Nicholson. Motion carried 7-0. Workers' Compensation Excess Insurance: City Manager recommending approval of the renewal rate submitted by Safety National effective July 1, 2005 through June 30, 2007 for the City's workers' compensation excess insurance, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 7-0. Fiscal Year 2006 Compensation Package - Bus Operators: City Manager recommending approval of the Fiscal Year 2006 compensation package for full-time and part-time bus operators, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 406-05 APPROVING THE WAGE PLAN AND BENEFIT PACKAGE FOR FULL-TIME AND PART-TIME BUS OPERATORS FOR FISCAL YEAR 2006 Whereas, the City Manager has recommended that the Wage Plan for full-time Bus Operators be increased by 5.4% across-the-board effective July 1, 2005; and Whereas, the City Manager has recommended that the Wage Plan for part-time Bus Operators Regular Session, September 6, 2005 333 be increased by 3% across-the-board effective July 1, 2005; and Whereas, the City Manager has recommended that effective July 1, 2005, full-time Bus Operators who receive health and prescription drug insurance will pay 10% of the cost of the premium for the health and prescription drug plan for which the employee is enrolied; and Whereas, the proposed wage increase and benefit package for full-time and part-time Bus Operators is consistent with the wage increase and benefit package to be received by employees represented by the Teamsters Local Union No. 421, the Dubuque Police Protective Association, the International Union of Operating Engineers, Local #758, the Dubuque Professional Firefighter's Association, Local #353 and Non-bargaining Unit Employees in Fiscal Year 2006. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the wage plan and benefit package for fuli-time and part-time Bus Operators is approved. Passed, approved and adopted this 6th day of September, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Dubuque Professional Firefighters' Association, Local #353: City Manager recommending approval of the coliective bargaining agreement between the City and the Dubuque Professional Firefighters' Association for the contract period beginning July 1, 2005, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 407-05 ACCEPTING THE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA, AND THE DUBUQUE PROFESSIONAL FIREFIGHTERS ASSOCIATION, LOCAL #353 AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT Whereas, the Sixty-Fifth General Assembly adopted the Pubiic Employment Relations Act, Chapter 20, Code of Iowa; and Whereas, the City of Dubuque is public employer within the meaning of Section 3 (1) of the Public Employment Relations Act; and Whereas, the Dubuque Professional Firefighter's Association, Local #353 is an employee organization within the meaning of Section 3 (4) of the Public Employment Relations Act; and Whereas, the Dubuque Professional Firefighter's Association, Local #353, submitted a request to bargain coliectively on behalf of the employees within its representation; and Whereas, bargaining between the parties has occurred and an agreement has been reached. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the terms of the agreement be accepted and the Mayor authorized and directed to sign the coliective bargaining agreement. Passed, approved and adopted this 6th day of September, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Dubuque Casino Hotel, LLC: City Manager recommending approval of a third amendment to the lease agreement between the City and Dubuque Casino Hotel, LLC which would extend the completion date for the hotel and restaurant to October 15, 2005, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 7-0. 1948 Antique Fire Truck: City Manager submitting an update on the restoration of the 1 948 Seagraves Tiller Truck and recommending to proceed with fund raising efforts through the Antique Fire Ciub, presented and read. Buol moved that the communication be received and fiied and approved recommendation. Seconded by Nicholson. Motion carried 7-0. Special Events Insurance Grant: City Manager recommending approvai of a Speciai Event Insurance Grant to Riverfest, Inc. in the amount of$1,150, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 7-0. .Dubuque Industrial Center West Third Addition: City Manager recommending approval of Amendment #7 to the engineering contract with IIW Engineers and Surveyors, P.C. for work associated with deveiopment of the Dubuque Industrial Center West 3" Addition, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Nichoison. Motion carried 7-0. Letter of Support: City Manager submitting a letter in support of the National Mississippi River Museum and Aquarium LEED certification, presented and read. Buol moved that the communication be received and filed and approved letter. Seconded by Nicholson. Motion carried 7-0. 334 Regular Session, September 6, 2005 Tax Assessment Appeal - Stipulation of Settlement: Corporation Counsel submitting a Stipulation of Settlement of a tax assessment appeal by Edwards Concrete Contractors, Inc., presented and read. Buol moved that the communication be received and filed and approved settlement. Seconded by Nicholson. Motion carried 7-0. Code of Ordinances - Supplement No. 63: City Manager recommending adoption of Supplement No. 63 to the City of Dubuque Code of Ordinances, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 408-05 ADOPTING SUPPLEMENT NO. 63 TO THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, under date of July 17, 1989, the City Council" pursuant to Ordinance No. 34-89, readopted the Code of Ordinances of the City of Dubuque, Iowa for ordinances adopted up to and including December 19,1988; and Whereas, since December 19, 1988 the City Council of the City of Dubuque, Iowa has adopted certain ordinances amending the Code of Ordinances and said amendments have been printed as supplements to the Code of Ordinances; and Whereas, Section 380.8 of the Code of Ordinances provides that supplements by resolution, become part of the Code of Ordinances. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Supplement No. 63 of the Code of Ordinances of the City of Dubuque, Iowa, covering Ordinances through Ordinance No. 31-05 enacted through May 2, 2005 and prepared by the Sterling COdifiers, Inc, Coeur D' Alene, ID hereto filed in the Office of the City Clerk of the City of Dubuque, Iowa be and is hereby adopted and becomes part of the Code of Ordinances of the City of Dubuque, Iowa. Passed, approved and adopted this 6th day of September, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Civil Service Commission: Civil Service Commission submitting the certified list for the position of Assistant Planner, presented and read. August 18,2005 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 2005 Code of iowa, an examination for the position of Assistant Planner was given. We hereby certify that the individuals listed below have passed this written examination and filling the vacancy for this position should be made from this list and that this list is good for two (2) years from above date. ASSISTANT PLANNER Christine Olson David A. Johnson Michael C. Daspit Laurie B. Scott Ole R. Sleipness Respect1ully submitted: Merle Duehr, Chairperson Loras Kluesner Richard Wertzberger Civil Service Commission Buol moved that the above certification be received and filed and' made a matter of record. Seconded by Nicholson. Motion carried 7-0. Mediacom: 2004 Annual Report of Mediacom Communications Corporation, presented and read. Buol moved that the report be received and filed. Seconded by Nicholson. Motion carried 7-0. Citizen Communications: Communication from Jack Frick, Dubuque Arboretum & Botanical Gardens, regarding the sidewalk on the west side of Arboretum Drive, presented and read. Buol moved that the communication be received and filed and referred to the City Manager. Seconded by Nicholson. Motion carried 7-0. Petition from business residents of Flinthill Drive requesting that there be no semi parking on Flinthill Drive, presented and read. Buol moved that the communication be received and filed and referred to the City Manager. Seconded by Nicholson. Motion carried 7-0. Communication from Jim Romagna requesting that he not be required to install sidewalks on his property at 998 June Drive, presented and read. Buol moved that the communication be received and filed and referred to the City Manager. Seconded by Nicholson. Motion carried 7-0. Communication from Marianne Eberhardt requesting an honorary street sign for Auleen Eberhardt, presented and read. Buol moved that the communication be received and filed and referred to the City Manager. Seconded by Nicholson. Motion carried 7-0. U.S. Cellular Service Agreement: City Manager recommending approval of an agreement between U.S. Cellular and the City of Dubuque for cellular telephone service, presented and read. Buol moved that the communication be received and filed and Regular Session, September 6, 2005 335 approved recommendation. Seconded by Nicholson. Motion carried 7-0. Municipal Utility Feasibility Study: City Manager transmitting the resuils of the Municipal Utility Feasibility Study and recommending that a work session be scheduled for September 12, 2005 at 6:30 p.m., presented and read. Buol moved that the communication be received and fiied and set work session for September 12, 2005 at 6:30 P.M. in the Library Auditorium and direct the Clerk to pubiish notice in the manner prescribed by law. Seconded by Nicholson. Motion carried 7-0. Third Amendment to Lease Agreement with Historical Star Redevelopment L.L.C.: City Manager recommending approval of a third amendment to the Lease Agreement between the City and Historical Star Redevelopment L.L.C. to allow the developer until December 31, 2005 to secure tenants for the Star Brewery Building and further recommending the issuance of a new Request for Proposais for the property redevelopment, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7- O. RESOLUTION NO. 409-05 AUTHORIZING THE EXECUTION OF A THIRD AMENDMENT TO LEASE AGREEMENT WITH HISTORICAL STAR REDEVELOPMENT L.L.C. FOR THE STAR BREWERY BUILDING Whereas, the City Council of the City of Dubuque, Iowa, after public hearing, duly entered into a one-year Lease Agreement with Historical Star Redevelopment L.L.C. (Developer) for the Star Brewery Buiiding; and Whereas, the Lease Agreement provides that the term of the Lease Agreement is for twelve (12) months or such ionger or shorter term as the parties may agree in writing; and Whereas, the parties desire to extend the original term of the Lease Agreement through December 31, 2005; and Whereas, a Third Amendment to Lease Agreement, hereto attached and by this reference made a part hereof, sets forth the terms and conditions of the Lease extension. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Third Amendment to Lease Agreement by and between the City of Dubuque and Historical Star Redevelopment L.L.C., attached hereto, is hereby approved. Section 2. That the Mayor and City Clerk are hereby authorized and directed to execute, on behalf of the City of Dubuque, Iowa, the Third Amendment to Lease Agreement. Passed, approved and adopted this 6th day of September 2005. Terrance M. Duggan, Mayor Attest Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Emergency Repair of Stoneman Road / John F. Kennedy Road Storm Sewer: City Manager recommending approval of the emergency repairs of Stoneman Road / John F. Kennedy storm sewer, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 410-05 RESOLUTION AUTHORIZING EMERGENCY REPAIRS TO THE STONEMAN ROAD/JOHN F. KENNEDY ROAD STORM SEWER Whereas, the pavement on Stoneman Road has collapsed as the result of a deteriorated storm sewer under Stoneman Road and John F. Kennedy Road; and Whereas, Iowa Code S 384.103 provides that when emergency repair of a public improvement is necessary and the delay of advertising and a public letting might cause serious loss or injury to the city, the governing body shall, by resolution, make a finding of the necessity to institute emergency proceedings and shall procure a certificate from a competent registered professional engineer or architect, not in the regular employ of the City, certifying that emergency repairs are necessary, and that in that event the governing body may contract for emergency repairs without holding a public hearing and advertising for bids; and Whereas, the City Council finds that the emergency repair of the storm sewer is necessary and the delay of advertising and a public letting might cause serious loss or injury to the city; and Whereas, the City has procured a certificate from a competent professional engineer registered in the State of Iowa, not in the regular employ of the City, certifying that emergency repairs to the sewer are necessary. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council finds that it is necessary to institute emergency proceedings to repair the Stoneman Road/John F. Kennedy Road storm sewer. Section 2. The City Manager is hereby authorized to proceed with instituting such emergency repairs as provided by law. Passed, adopted and approved this 6" day of September, 2005. Terrance M. Duggan, Mayor Attest Jeanne F. Schneider, CMC, City Clerk 336 Regular Session, September 6, 2005 Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. William M. Black Steamboat Restoration Project: City Manager recommending approval of the reimbursement of $11,930.82 to the Dubuque County Historical Society to closeout the William M. Black Steamboat Restoration Project, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 7-0. Performance, Payment and Maintenance Bonds and Improvement Contracts: Rosedale Avenue Reconstruction Project and Nowata Street Reconstruction Project, presented and read. Buol moved that the communication be received and filed and approved bonds and contracts. Seconded by Nicholson. Motion carried 7-0. Business Licenses: RESOLUTION NO. 411-05 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 appiicants a Beer Permit. CLASS "B" BEER (5 - DAY SPECIAL EVENT) Carlos O'Kelly's Carlos O'Kelly's +(Sunday/Outdoor Sale) Miller Riverview Pk CLASS "C" BEER PERMIT Family Mart, Inc. Family Mart+ (Sunday Sale) 3201 Central Av Downtown Eagle, Inc. Eagle Country Market+(Sunday Sale) 1800 Elm St Passed, approved and adopted this 6th day of September, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 412-05 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 Famolo Of Iowa Inc. Los Aztecas Mexican Restr+(Sunday Sale) 2700 Dodge St David Erickson Lucky 13 Tap+ (Sunday Sale) 385 E. 13th St DBQ County Histro. Soc. Nat'1 Mississippi Rv Museum+(Sunday/Outdoor) 350 Bell St DM Sports Bar, Inc. Jumper's Sport Bar (1 Day Outdoor Sale) 2600 Dodge St Clarke College Clarke College (1 Day Outdoor Sale) 1550 Ciarke Dr SPECIAL CLASS "C" LIQUOR Valerie Sue Hogan Mississippi Mug+ (Sunday/Outdoor Sale) 373 Bluff St CLASS "B" WINE Downtown Eagle Inc. Eagle Country Market 1800 Elm St Family Mart, Inc Family Mart, Inc 3201 Central Av Passed, approved and adopted this 6th day of September, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. ITEM TO BE SET FOR PUBLIC HEARING North Grandview Estates Sanitary Sewer and Water Main Project - Initiate: City Manager recommending initiation of the bidding process for the North Grandview Estates Sanitary Sewer and Water Main Project and that a public hearing be set for October 3, 2005 and recommending approval of additional financial assistance for the developer and communication from Richard A. Henkel and Sandra L. Williams requesting financial assistance for utility installation, presented and read. Connors moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 413-05 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS 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 North Grandview Estates - Sanitary Sewer & Water Main Project in the estimated amounts of $125,862.00 for sanitary sewer and $70,000.00 for water main are hereby approved and ordered Regular Session, September 6, 2005 337 filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 6th day of September, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Connors moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 414-05 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection of the North Grandview Estates - Sanitary Sewer & Water Main Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a public hearing will be held on the 3'" day of October, 2005, at 6:30 p.m. in the Public Library Auditorium at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Cierk be and is hereby directed to cause a notice of 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 not less than four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, adopted and approved this 6th day of September, 2005. Terrance M. Duggan, Mayor Attest: Jeanne, F. Schneider, CMC, City Clerk Connors moved adoption of the Resolution fixing date of hearing on plans and specifications for 10/3/05 at a meeting to commence at 6:30 P.M. in the public library auditorium and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 415-05 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the North Grandview Estates - Sanitary Sewer & Water Main Project is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED that 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 as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than forty-five days prior to the receipt of said bids at 2:00 p.m. on the 22"" day of September, 2005. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 6:30 p.m. on the 3" day of October, 2005. Passed, adopted and approved this 6th day of September, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Connors moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Commission: Zoning Advisory Commission (One unexpired 3-year term through 7/1/06) Applicant: Matthew Lundh Mr. Lundh spoke requesting consideration for appointment. Appointments to the following Boards / Commissions: Airport Commission (Two 4-year terms through 9/14/09 - terms of Brotherton and O'Neill; Applicants: Douglas Brotherton, J.K. Hanson II, Michael A. Santillo; Vote on the appointment was as follows: Connors voted for Brotherton and Santillo; Duggan for Brotherton and Santillo; Markham voted for Brotherton and Hanson; Michalski voted for Brotherton and Santillo; Nicholson voted for Brotherton and Hanson; Buol voted for Brotherton and Santillo; Cline voted for Brotherton and Hanson. Therefore, Douglas Brotherton reappointed and Michael A. Santillo appointed to four year terms on the Airport Commission which will expire 9/14/09. Housing Code Appeals Board (Two 3-years terms through 1/11/08 - vacant); Applicant: Sandra Moore. Michalski moved that Sandra Moore be appointed to the Housing Code Appeals Board for an unexpired term which will expire 1/11/08. Seconded by Connors. Motion carried 7-0. PUBLIC HEARINGS Michalski moved that the rules be suspended to allow anyone present to address the Council. Seconded by Connors. Motion carried 7-0. Kerper Boulevard Industrial Park Economic Development District: Proof of publication on 338 Regular Session, September 6, 2005 notice of hearing and City Manager recommending that the resoiution that began the process of amending the Urban Renewal Plan for the Kerper Boulevard industrial Park Economic Development District be rescinded and requesting permission to withdraw this item from consideration at this time, presented and read. Markham moved that the proof and communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 416-05 A RESOLUTION RESCINDING RESOLUTION NUMBER 336-05 - A RESOLUTION OF NECESSITY FINDING THAT AN AMENDMENT TO THE URBAN RENEWAL PLAN FOR THE KERPER BOULEVARD INDUSTRIAL PARK ECONOMIC DEVELOPMENT DISTRICT IS NECESSARY IN THE INTEREST OF THE RESIDENTS OF THE CITY OF DUBUQUE, IOWA. Whereas, the City Councii has deemed it advisable to delay action on a proposed Amendment to the Urban Renewal Plan for the Kerper Boulevard Industrial Park Economic Development District. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That Resolution Number 336-05, a Resolution of Necessity finding that an Amendment to the Urban Renewal Plan for the Kerper Boulevard Industrial Park Economic Development District and setting a public hearing for September 19, 2005, be rescinded and that the amendment be re-considered at a later date. Passed, adopted and approved this 6'h day of September 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. Alliant Easement in Port of Dubuque: Proof of publication on notice of hearing to consider granting an easement to Alliant Energy in the Port of Dubuque and City Manager recommending that the public hearing be held and then recessed and that action on the easement be tabled, presented and read. Buol moved that the communication be received and filed and tabled. Seconded by Nicholson. Motion carried 7-0. Flora Park Water System Project: Proofs of publication on notice of hearing on plans and specifications and notice to bidders on the receipt of bids and City Manager recommending award of the contract for the Flora Park Water System Project to Willenborg Plumbing and Heating in the amount of $66,357.10, presented and read. Markham moved that the proofs and communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 417-05 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 1 st day of August, 2005, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Flora Park Water System Replacement Project. Whereas, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, approved and adopted this 61h day of September, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 418-05 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the Flora Park Water System Replacement Project pursuant to Resolution No. 351-05, and notice to bidders published in a newspaper published in the City of Dubuque, Iowa, on the 5th day of August, 2005. Whereas, said sealed proposals were opened and read on the 18th day of August, 2005, and it has been determined that the bid of Willenborg Plumbing and Heating in the amount of $66,357.10 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the plans and specifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above improvement be awarded to Willenborg Plumbing and Heating, and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contracto(s bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 6th day of September, 2005. Regular Session, September 6, 2005 339 Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Five Flags Center HVAC - Phase II Project: Proofs of publication on notice of hearing on plans and specifications and notice to bidders on the receipt of bids and City Manager recommending award of the contract for the Five Flags Center HVAC - Phase II Project to Geisler Brothers Company in the amount of $116,850, presented and read. Cline moved that the proofs and communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 419-05 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 1 st day of August, 2005, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Five Flags Center HVAC, Phase 11 Project. Whereas, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, approved and adopted this 6th day of September, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 420-05 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the Flags Center HVAC, Phase 11 Project pursuant to Resolution No. 354-05, and notice to bidders published in a newspaper published in the City of Dubuque, Iowa, on the 5th day of August, 2005. Whereas, said sealed proposals were opened and read on the 18th day of August, 2005, and it has been determined that the bid of Geisler Brothers Company in the amount of $116,850 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the plans and specifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above improvement be awarded to Geisler Brothers Company, and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contracto~s bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 6th day of September, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Third Street Overpass Decorative Railing Project: Proofs of publication on notice of hearing on plans and specifications and notice to bidders on the receipt of bids, and City Manager recommending award of the contract for the Third Street Overpass Decorative Railing Project to Tricon General Construction in the amount of $254,792.80, presented and read. Connors moved that the proofs and communication be received and filed. Seconded by Michalski. Motion carried 7-0. RESOLUTION NO. 421-05 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 27th day of July, 2005, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Third Street Overpass Decorative Railing Project. Whereas, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, adopted and approved this 6th day of September, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Connors moved adoption of the Resolution. Seconded by Michalski. Motion carried 7-0. RESOLUTION NO, 422-05 AWARDING CONSTRUCTION CONTRACT FOR THE THIRD STREET OVERPASS DECORATIVE RAILING PROJECT Whereas, sealed bid proposals have been submitted by contractors for the Third Street Overpass Decorative Railing Project to Resolution No. 357-05 and notice to bidders 340 Regular Session, September 6, 2005 published in a newspaper published in the City of Dubuque, Iowa on the 5th day of August, 2005. Whereas, said sealed proposals were opened and read on the 25th day of August, 2005, and it has been determined that the bid of Tricon General Construction in the amount of $254,792.80 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the construction documents. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCil OF THE CITY OF DUBUQUE, IOWA: That the contract for the above improvement be awarded to Tricon General Construction and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 6th day of September, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Connors moved adoption of the Resolution. Seconded by Michalski. Motion carried 7-0. Port of Dubuque Recognition Wall Project: Proofs of publication on notice of hearing on plans and specifications and notice to bidders on the receipt of bids and City Manager recommending award of the contract for the Port of Dubuque Recognition Wall Project to Tricon General Construction in the amount of $148,000, presented and read. Cline moved that the proofs and communication be received and filed. Seconded by Connors. Motion carried 7- O. RESOLUTION NO. 423-05 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas. on the 27th day of July. 2005, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Third Street Overpass Decorative Railing Project. Whereas, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCil OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, adopted and approved this 6th day of September, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO, 424-05 AWARDING CONSTRUCTION CONTRACT FOR THE PORT OF DUBUQUE RECOGNITION WALL PROJECT Whereas, sealed bid proposals have been submitted by contractors for the Port of Dubuque Recognition Wall Project to Resolution No. 360- 05 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 5th day of August, 2005. Whereas, said sealed proposals were opened and read on the 25th day of August, 2005, and it has been determined that the bid of Tricon General Construction in the amount of $148,000.00 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the construction documents. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCil OF THE CITY OF DUBUQUE, IOWA: That the contract for the above improvement be awarded to Tricon General Construction and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 6th day of September, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Buol moved that the rules be reinstated limiting discussion to Council. Seconded by Connors. Motion carried 7-0. ACTION ITEMS Municipal Communications Utility: City Manager recommending support of a resolution urging citizens to support the ballot question authorizing the City of Dubuque to establish a municipal communications utility, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. Regular Session, September 6, 2005 341 RESOLUTION NO. 425-05 RESOLUTION OF SUPPORT FOR THE BALLOT QUESTION ON THE AUTHORITY OF THE CITY OF DUBUQUE TO ESTABLISH A COMMUNICATIONS UTILITY Whereas, Opportunity Dubuque is a citizen-led organization working to place the question of the authority of the City of Dubuque to establish a communications utiiity on the ballot in Dubuque, Iowa for the general eiection to be held November 8, 2005; and Whereas, placing the question on the ballot is without cost or financial encumbrance to the City or to local citizens; and Whereas, the authorization of the City to establish a communications utility does not obiigate or require any future action by the City; and Whereas, placing the question on the ballot is a logical extension of local government designed to further study, assess and evaluate the merits of a municipal communications utility; and Whereas, Opportunity Dubuque has presented a petition to the City Council requesting that the question of the authority of the City to establish a communications utility be piaced on the ballot; and Whereas, the City Council finds that it is in the best interests of the City of Dubuque that such ballot question be passed. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the City Council of the City of Dubuque supports the passage of the ballot question authorizing the City of Dubuque to establish a communications utility and encourages voters to vote in favor of the ballot issue. Passed, approved and adopted this 6th day of September, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Samantha Drive Neighborhood Association: Communication from Susan Jewell, Samantha Drive Neighborhood Association, requesting to address the City Council regarding drainage issues affecting the Samantha Drive area and City Manager submitting information regarding the private drainage issues in the Samantha Drive area, presented and read. Michalski moved that the communication be received and filed and referred to the City Manager. Seconded by Nicholson. Motion carried 7-0. Susan Meehan, 2465 Samantha Drive, described problems the neighborhood was having with drainage and gave a history of previous actions the City Council had taken regarding stormwater management in that area with development of Embassy West No. 3 and the QHQ property. Gronen Properties LLC/Michele Mihalakis (First Reading on August 15, 2005): City Manager submitting information on calls for selVice in the neighborhood of 2080 Elm Street and safety of the intersection at 21" and Elm Streets and an Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 2080 Elm Street from R-2A Alternate Two-Family Residential District to OR Office Residential District, presented and read. Michelle Mihalakis advised that, in response to concerns/questions from the City Council, she had changed the location of the proposed building to allow more visibility at the intersection, had held a neighborhood meeting with the residents in the area and she provided a copy of the signed purchase agreement for the vacant lot next to 2080 Elm Street that she planned to use for parking and green space. David Chatfield, 3739 Inwood Avenue, spoke regarding the neighborhood meeting and stated his continued opposition to the project, citing parking and traffic concerns. Buol moved to receive and file the communications and consider this the second reading of the Ordinance. Seconded by Connors. Motion passed with the following vote: Yeas-Buol, Ciine, Connors, Michalski, Nicholson. Nays-Duggan with Markham's vote declared null and void due to conflict of interest. Water Works Park - Naming Rights: City Manager recommending approval of the naming of the former Hawthorne Street Peninsula as A Y McDonald Park, presented and read. Cline moved that the communication be received and filed and approved recommendation. Seconded by Connors. Motion carried 7-0. Council thanked the A.Y. McDonald family for this donation. The following was removed from the Agenda: Hartig/Finley Land Purchase: City Manager recommending that the value of City-owned property which the Dick Hartig/Finley Hospital partnership has requested to purchase be established at $4.56 per square foot, or $149,000. Arts and Cultural Affairs Advisory Commission: Arts and Cultural Affairs Advisory Commission recommending approval of twelve funding requests from Dubuque arts and cuiture organizations and associated funding agreements, presented and read. Cline moved that the communication be received and filed 342 Regular Session, September 6, 2005 and approved recommendation. Seconded by Michalski. Motion carried 7-0. Harvest View Estates Sixth Addition - Final Plat: City Manager recommending approval of the final plat of Harvest View Estates Sixth Addition, presented and read. Buol moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 426-05 A RESOLUTION APPROVING THE FINAL PLAT OF HARVEST VIEW ESTATES SIXTH ADDITION, IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a final plat of Harvest View Estates Sixth Addition, in the City of Dubuque, Iowa; and Whereas, upon said final plat appears streets to be known as Millstone Drive (Lot A) and Millstone Court (Lot B) together with certain public utility easements, which the owners by said final plat have 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 owners agreeing to the conditions noted in Section 2 below; and 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 no streets or public utilities have yet been constructed or installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Section 1. That the dedication of Millstone Drive (Lot A) and Millstone Court (Lot B), together with the easements for public utilities and storm sewer as they appear upon said final plat, be and the same are hereby accepted; and Section 2. That the final plat of Harvest View Estates Sixth Addition is hereby approved and 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 Millstone Drive (Lot A) and Millstone Court (Lot B) to grade and to construct 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 water mains and water service laterals into each individual lot, sanitary sewer mains and sewer surlace laterals into each individual lot, storm sewers and catch basins, boulevard 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 said improvements, prior to two (2) years from the date of acceptance of this resolution, at the sole expense of the owners, or future owner; (d) To maintain the public improvements, for a period of two (2) years from the date of the acceptance of those improvements by the City of Dubuque, Iowa, at the sole expense of the owners, or future owner; And, further provided that said KZ Investments, L.L.C., as owners 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 41-161 through 41-164. The responsibility shall extend to all successors, heirs and assignees. Sidewalk installation will not be required until the development of the lot has been completed, except as required herein. In sparsely developed subdivisions, sidewalks on developed iots will not be required until 50% of the lots approved by the plat have been developed. All vacant lots shall have sidewalks installed upon development of 80% of the lots approved by the plat. Section 4. Upon the City's acceptance of the detention facility, the maintenance expenses incurred by the City of Dubuque for the storm water detention facility (Lot A Harvest View Estates First Addition) shall be assessed against the lot owners of all additions in Harvest View Estates as indicated in the preliminary plat, in equal amounts, 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. That the final acceptance of all public improvements shall occur upon Regular Session, September 6, 2005 343 certification of the City Engineer to the City Council that all public improvements have been completed in accordance with the improvement plans and City standard specifications and accepted by City Council Resolution. Section 6. That in the event KZ Investments, L. L. C. fails to execute the acceptance and furnish the guarantees provided in Section 2 hereof within 180 days after the date of this Resolution, the provisions hereof shall be null and void and the acceptance of tha dedication and approval the piat shall not be effective. Passed, approved and adopted this 6th day of September 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk ACCEPTANCE OF RESOLUTION NO. 426-05 I, the undersigned, Tom Keizer, representing KZ Investments, L.L.C., having read the terms and conditions of Resolution No. 426-D5 and being familiar with the conditions thereof, hereby accept the same and agree to the conditions required therein. Dated this 6th day of September 2005. By: /s/ Tom Keizer KZ Investments, L.L.C. Buol moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Bricktown Liquor License Violation Hearing: City Manager recommending that the liquor license hearing for Bricktown employee Shane Klaas be referred by the City Council to the State of Iowa Liquor Control Board; City Solicitor Bill Bium submitting information regarding the State of Iowa vs. Shane Klaas (Bricktown employee) case; and communication from Attorney Joseph J. Bitter requesting that the matter not be referred to the Iowa Liquor Control Board, presented and read. Cline moved that the communications be received and filed and approved recommendation. Seconded by Michalski. Motion carried 7-0. Naming Opportunities at the Grand River Center and Other City Property: City Manager recommending that the naming opportunity amount for the Grand River Center (GRC) and other City properties be revised, presented and read. Michalski moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 7-0. Application to GSA for Federal Building Conveyance: City Manager recommending that the City acquire the Federal Building and begin the complicated application process to the United States Government Services Administration, presented and read. Buol moved that the communication be received and filed. Seconded by Connors. Motion carried 6-1 with Duggan voting Nay. RESOLUTION NO. 427-05 RESOLUTION AUTHORIZING APPLICATION TO THE GENERAL SERVICES ADMINISTRATION FOR HISTORIC MONUMENT CONVEYANCE OF THE FEDERAL BUILDING TO THE CITY OF DUBUQUE Whereas, certain real property owned by the United States, iocated in the County of Dubuque, State of Iowa, has been declared surplus and at the discretion of the Administrator of General Services, may be conveyed for historic monument purposes to a State, political subdivision, instrumentalities thereof, or municipality, under the provisions of Section 203(k)(3) of the Federal Property and Administrative Services Act of 1949, as amended [40 U.S.C. 484(k)(3)], and rules and regulations promulgated pursuant thereto, more particularly described as follows: Federal Building, 350 W. 6th Street, Dubuque, Iowa 1.09 acres GSA Control Number 7 -G-IA-0495-1 Whereas, the City of Dubuque needs and will utilize said property in perpetuity for historic monument purposes as set forth in its application and in accordance with the requirements of said Act and the rules and regulations promulgated thereunder; and Whereas, the City of Dubuque is authorized, willing and able to conduct compatible revenue- producing activities, and that regardless of any revenues derived from such activities, is financially able to utilize said property for historic monument purposes as set forth in its Program of Preservation and Utilization and in accordance with the requirements of said Act and regulations and procedures promulgated thereunder; and Whereas, the City of Dubuque agrees that any income in excess of costs of repair, rehabilitation, restoration and maintenance shall be used by the City of Dubuque only for public historic preservation purposes as enunciated in its Program of Preservation and Utilization; Now, Therefore, Be It Resolved by the City Council of Dubuque, Iowa, that the City of Dubuque shall make application to the Administrator of General Services for and secure the transfer to it of the above-mentioned property for said use upon and subject to such exceptions, reservation, terms, covenants, agreements, conditions, and restrictions as the Secretary of the Interior, and the Administrator of General Services, or their authorized representatives, may require in connection with the disposal of said property under said Act and the rules and regulations issued pursuant 344 Regular Session, September 6, 2005 thereto; and Be It Further Resolved that the City of Dubuque has legal authority, is willing, and is in a position to assume immediate care and maintenance of the property, and that Michaei C. Van Milligen, City Manager, be and he is hereby authorized, for and on behalf of the City of Dubuque to do and perform any and all acts and things which may be necessary to carry out the foregoing resolution, including the preparing, making, and fiiing of plans, applications, reports, and other documents; the execution, acceptance, delivery, and recordation of reports, and other documents; the execution, acceptance, delivery, and recordation of agreements, deeds, and other instruments pertaining to the transfer of said property, including the filing of copies of the application and the conveyance documents in the records of the governing body, and the payment of any and all sums necessary on account of the purchase price thereof or fees or costs incurred. in connection with the transfer of said property for survey, title searches, recordation of instruments, or other costs identified with the Federal surplus property acquisition. .Passed, approved and adopted this 6th day of September 2005. Terrance M. Duggan, Mayor Attest Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Connors. Motion carried 6-1 with Duggan voting Nay. Drop-Off Parking on Sixth Street City Manager recommending approval of the installation of a curb cuVdrop-off area on Sixth Street, from Locust Street to the alley west of Main Street, presented and read. Buol moved that the communication be received and filed. Seconded by Nichoison. Motion carried 7-0. An Ordinance Amending the Code of Ordinances of the City of Dubuque, Iowa, by modifying Subsection (d) of Section 32-262 thereof providing for the addition of drop-off parking on Sixth Street, south side, from Locust Street to the alley west of Main Street. presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 52-05 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY MODIFYING SUBSECTION (d) OF SECTION 32-262 THEREOF PROVIDING FOR THE ADDITION OF DROP-OFF PARKING ON SIXTH STREET, SOUTH SIDE, FROM LOCUST STREET TO THE ALLEY WEST OF MAIN STREET NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa, be amended by adding to Subsection (d) of Section 32-262 the following: Sixth Street, south side, from Locust Street to the alley west of Main Street, provided, however, it shall not be uniawful to stop, but only in the drop-off areas provided, for the sole purpose of and for the time necessary to allow passengers to enter or exit a vehicle and during which time the vehicle shall not be unattended. Passed, approved and adopted this 6th day of September, 2005. Terrance M. Duggan, Mayor Attest Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald newspaper this 14th day of September, 2005. Jeanne F. Schneider, City Clerk 11 9/14 Buol moved 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 finally passed be suspended. Seconded by Nicholson. Motion carried 7-0. Buol moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. Intersection of Marywood Drive and Crissy Drive: City Manager recommending approval of the replacement of yield signs with stop signs on Marywood Drive at Crissy Drive, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. An Ordinance Amending the Code of Ordinances of the City of Dubuque, Iowa, by modifying Subsection (b) of Section 32-214 thereof providing for the addition of stop signs on Marywood Drive, south intersection, and Crissy Drive, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 53-05 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY MODIFYING SUBSECTION (b) OF SECTION 32-214 THEREOF PROVIDING FOR THE ADDITION OF STOP SIGNS ON MARYWOOD DRIVE, SOUTH INTERSECTION, AND CRISSY DRIVE NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1.That the Code of Ordinances of the City of Dubuque, Iowa, be amended by adding Marywood Drive, south intersection, and Crissy Drive to Subsection (b) of Section 32-214 thereof as follows: Sec. 32-214. Stop Intersections. (b) . . Regular Session, September 6, 2005 345 EASTBOUND AND WESTBOUND Marywood Drive, South Intersection, and Crissy Drive Passed, approved and adopted this 61h day of September, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald newspaper this 14th day of September, 2005. Jeanne F. Schneider, City Clerk 1t 9/14 Buol moved 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 finally passed be suspended. Seconded by Nicholson. Motion carried 7-0. Buol moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. An Ordinance Amending the Code of Ordinances of the City of Dubuque, Iowa, by modifying Subsection (b) of Section 32-216 thereof providing for the deletion of yield signs at the intersection of Marywood Drive and Crissy Drive, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 54-05 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY MODIFYING SUBSECTION (b) OF SECTION 32-216 THEREOF PROVIDING FOR THE DELETION OF YIELD SIGNS AT THE INTERSECTION OF MARYWOOD DRIVE AND CRISSY DRIVE NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa, be amended by deleting Marywood Drive from Subsection (b) of Section 32-216 thereof as follows: Sec. 32-216. Yield Intersections. (b) . . . (3) Eastbound Vehicles Crissy Drive and Marywood Drive, South Intersection (4) Westbound Vehicles Crissy Drive and Marywood Drive, South Intersection Passed, approved and adopted this 61h day of September, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald newspaper this 14th day of September, 2005. Jeanne F. Schneider, City Clerk 1t9/14 Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Councii Meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Nicholson. Motion carried 7-0. Buol moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. National League of Cities: Communication from the National League of Cities requesting appointment of a voting delegate and alternate voting delegate for the upcoming Congress of Cities, presented and read. Markham moved that the communication be received and filed and appointed Council Member Nicholson as the voting delegate with Council Member Michalski as the alternate. Seconded by Connors. Motion carried 7-0. Hurricane' Katrina: City Council Member Dan Nicholson proposing that Dubuque create a sister city-type relationship with Greenwood, Mississippi and communication from the Mayor of Greenwood, MS clarifying their needs, presented and read. Cline moved that the communication be received and filed and approved proposal. Seconded by Michalski. Motion carried 7-0. Council discussed various means of helping this City with the infiux of evacuees and refugees. At 8:32 P.M. Michalski moved to go into Closed Session re: Pending Litigation and Property Acquisition - Chapter 21.5(1)(c)U) 2005 Code of Iowa. Seconded by Connors. Motion carried 7-0. At 8:43 P.M. Council reconvened Regular Session stating that Staff had been given proper directign. There being no further business, Michalski moved to adjourn. Seconded by Connors. Motion carried 7-0. The meeting adjourned at 8:44 P.M. Isl Jeanne F. Schneider, CMC City Clerk 1t9/14 346 Regular Session, September 6, 2005 / ? 2006 --7 2006 ) , ,f"'") l ;, :.., I... ('ii'~./ ,;.., ....' Council Members J / A~: ... /'7 //~#~/ (j:ity Clerk Special Session, September 7,2005 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, September 7, 2005 Council met in special session at 4:00 p.m. at the Grand River Center Present: Mayor Pro-Tern Connors, Council Members Buol, Cline, Markham, Michalski, Nicholson, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl Absent: Mayor Duggan Mayor Pro-Tern Connors read the call and stated this is a special session of the City Council called for the purpose of conducting a goal setting session with Lyle Sumek facilitating. The City Council reviewed the 2004 - 2005 Performance Report and discussed the top achievements of the past year. Council identified the major challenges for the next twelve to eighteen months and what needed to be accomplished in that time. Also discussed were the goals developed the previous year with regard to what had been accomplished toward achievement of those goals. There being no further business, upon motion meeting adjourned at 9:10 p.m. Isl Jeanne F. Schneider, CMC City Clerk 1t 9116 347 2006 2006 " /) L fl fUll" / (; I! C, 'I . if,' rI 11., / /1 Z.IJ //!A:-('hilJA2/(( ~ ~;::'dW 11!1 J'n i( 'LYv<-;j~- Council Members J :) ) A/' 348 Regular Session, September 8, 2005 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, September 8, 2005 Council met in special session at 4:00 P.M. at the Grand River Center Present: Mayor Pro-Tern Connors, Council Members Buoi, Cline, Markham, Michalski, Nicholson, City Manager Van Milligan, Corporation Counsel Lindahl Absent: Mayor Duggan Mayor Pro-Tern Connors read the call and stated this is a special session of the City Council called for the purpose of conducting a goal setting session with Lyle Sumek facilitating. City Manager Van Milligen reported that the Fire Department had received a request from the International Association of Fire Chiefs for one or two 2-person firefighter teams to assist with Hurricane Katrina relief efforts and stated that he would be bringing this to the next City Council meeting for approval. He also distributed information on the City's health and prescription drug insurance plan enrollment. The City Council adopted the five year goals for the community as: (1) improved connectivity: transportation and communications; (2) diverse, strong Dubuque economy; (3) planned and managed growth; (4) partnering for a better Dubuque; and (5) riverfront development. Objectives for were ranked, with the short-term challenges identified and the actions necessary to achieve each goal. The Policy Agenda for 2005-2007 was established as: Top Priority - Southwest Arterial, Intramodal Transit Facility Study; Downtown Plan Implementation; Bee Branch Creek Project; and Erosion Control Policy; High Priority - Municipal Communication Utility Referendum, Airport Master Plan Implementation, Police Staffing, Neighborhood Crime Reduction Strategy and Library Referendum. Council discussed the upcoming election and the fact that there would be a minimum of two new Council Members and directed staff to schedule a governance and team building session after the election with Lyle Sumek facilitating_ Sumek gave an overview of topics he would suggest discussing during this session. There being no further business, upon motion meeting adjourned at 9:25 P.M. /s/ Jeanne F. Schneider, CMC City Clerk 1t 9/16 APprov~ . i AdoptM' ,""") v',>'1-/'.:-< !' Council Members /---~ /r-. ~ 2006 2006 .rJ..o Special Session, September 12, 2005 349 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, September 12, 2005 Council met in Special Session at 6:30 P.M. in the Library Auditorium Present: Mayor Pro-Tern Connors, Council Members Buol, Cline, Markham, Michalski, City Manager Van Milligen, Corporation Council Lindahl Absent: Mayor Duggan Mayor Pro-Tem Connors read the call and stated this is a speciai session of the City Council called for the purpose of discussing the Municipal Utility Feasibility Study. City Manager Van Milligen stated that the purpose of the meeting was for the City Council to receive the results of the Municipal Utility Feasibility Study and to provide an opportunity for questions and answers regarding the formation of a municipal communications utility. Bob Woodward of Vernon Research Group and Tom Asp of Virchow Krause & Company, described the various business models which were examined and studied and the financial impact of each. The recommendation for the City of Dubuque would be a wireless high-speed internet service. Council questioned whether this would be satisfactory for current and potential businesses. It was pointed out that the passage of the referendum would give the City leverage to form a municipal communications system - either now or in the future. At 7:38 p.m., there being no further business, upon motion the meeting was adjourned. /s/ Jeanne F. Schneider, CMC City Cierk 11 9/21 2006 2006 , ) lL L"'- ('. I. .LYL. '.I Council Members . C/'J 350 Regular Session, September 19, 2005 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, September 19, 2005 Council met in Regular Session at 6:30 P.M. in the Library Auditorium Present: Mayor Duggan, Council Buol, Cline, Connors, Markham Nicholson, City Manager Va~ Corporation Counsel Lindahl Members Michalski, Milligen, Mayor Duggan read the call and stated this is a regular session of the City Council called for the purpose of discussing such matters which may properly come before the Council. Invocation was given by Reverend Kristian Kincaid, Our Redeemer Lutheran Church. Proclamations: Constitution Week (September 17 - 23, 2005) received by Eileen Coursey and Claire Buchheit; and Crop Walk Day in Dubuque (October 2, 2005) received by Dorothy Krayer. CONSENT ITEMS Minutes and Reports Submitted: City Council of 9/6, 9/7 and 9/8; Library Board of 7/28; Zoning Advisory Commission of 9/7; Zoning Board of Adjustment of 8/25, presented and read. Buol moved that the minutes be received and filed. Seconded by Markham. Motion carried 7-0. Library Board of Trustees Update from the meeting of August 31, 2005, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. Notice of Claims/Suits: John Honeycutt for property damage; Donnabelle Kramer for vehicle damage, presented and read. Buol moved that the claims be received and filed and referred to Legal for investigation and report. Seconded by Markham. Motion carried 7-0. Corporation Counsel advising that the following claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: UFCW 431 for property damage, presented and read. Buol moved that the communication be received and filed and concurred. Seconded by Markham. Motion carried 7-0. Corporation Counsel recommending settlement of the claim of Roger Schadler for property damage and directing the Finance Department to issue payment, presented and read. Buol moved that the communication be received and filed and concurred and Finance Department to issue payment. Seconded by Markham. Motion carried 7-0. Corporation Counsel recommending denial of the claim of Joan Higley for property damage, presented and read. Buol moved that the communication be received and filed and concurred with the recommendation. Seconded by Markham. Motion carried 7-0. Westbrook Subdivision Water Main Eldension Project: City Manager recommending acceptance of the Westbrook Subdivision Water Main Eldension and Service Line Lateral Project as completed by Callahan Construction, Inc. in the final contract amount of $74,000, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 428-05 ACCEPTING IMPROVEMENT Whereas, the Contract for the Westbrook Subdivision Water Main and Service Line Lateral Improvement Project has been completed and the City's consultant Buesing and Associates of Dubuque, Iowa recommend acceptance of the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said improvement be accepted. Passed, approved and adopted this 19th day of September, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 429-05 FINAL ESTIMATE Whereas, the contract of the Westbrook Subdivision Water Main and Service Line Lateral Improvement Project has been completed and the City has submitted the final estimate showing the cost thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $74,000. Section 2. That the final payment $3,700 be paid to Callahan Construction, Inc. in Regular Session, September 19,2005 351 accordance with State Statutes from funds in the Water Department's FY 04 CIP Budget. Passed, approved and adopted this 19th day of September, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Citizen Communication: Communication from Dave Meyers regarding a notice he received to repair his sidewalk and objecting to the amount of time allowed to do the work and the amount of the permit fees, presented and read. Buol moved that the communication be received and' filed and referred to the City Manager. Seconded by Markham. Motion carried 7-0. Diversity Training - Request for Proposals: City Manager recommending approval of the issuance of a Request for Proposals for diversity training for City employees, presented and read. Buol moved that the communication be received and filed and recommendation approved. Seconded by Markham. Motion carried 7-0. Letter of Appreciation: Communication from the Diversity Training and Welcoming Committee expressing appreciation to the City Council for establishing a sister city relationship with Greenwood, Mississippi, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. Employee Contribution to Health and Prescription Drug Plan Premiums: City Manager submitting information regarding City employee contributions to health and prescription drug plan premiums, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7- O. Consolidated Annual Performance and Evaluation Report (CAPER): City Manager recommending approval of the Consolidated Annual Performance and Evaluation Report (CAPER) for the period of July 1, 2004 through June 30, 2005, which is required by the regulations governing the Community Development Block Grant (CDBG) Program, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 430-05 RESOLUTION AUTHORIZING THE SUB- MISSION OF A CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) FOR THE PERIOD COMMENCING JULY 1, 2004 AND CONCLUDING JUNE 30, 2005. Whereas, the City of Dubuque, Iowa, is an entitlement grant recipient under the Community Development Block Grant (CDBG) Program of the U.S. Department of Housing and Urban Development (HUD); and Whereas, the CDBG regulations require that no later than ninety (90) days after the completion of a program year, each entitlement recipient must submit a performance and evaiuation report, Consolidated Annual Performance and Evaluation Report (CAPER); and, Whereas, the City has 1) prepared a CAPER for the program year commencing July 1, 2004 and concluding June 3D, 2005; 2) published notice of availability of the CAPER in the Telegraph Herald on August 23, 2005 and in the Dubuque Advertiser on August 24, 2005; 3) made copies of the CAPER available for public review at the Carnegie Stout Public Library, City Hall, and Housing and Community Development Department; 4) held a pubiic hearing pursuant to published notice before the Community Development Advisory Commission on September 8, 2005; and Whereas, the Community Development Advisory Commission has voted to approve the CAPER and to recommend City Council approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Consoiidated Annual Performance and Evaluation Report (CAPER) for the period commencing July 1, 2004 and concluding June 3D, 2005, a copy of which is attached, is hereby approved for submission. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to execute the Consolidated Annual Performance and Evaluation Report (CAPER) on behalf of the City of Dubuque, Iowa. Section 3. That the City Manager is hereby authorized and directed to submit the Consolidated Annual Performance and Evaluation Report (CAPER) to the U.S. Department of Housing and Urban Development. Passed, approved and adopted this 19th day of September 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resoiution. Seconded by Markham. Motion carried 7-0. Jackson Street Signalization Removal: City Manager recommending approval for the removal of the traffic signals at 15th and Jackson Streets and replacement with stop signs on 15th Street, presented and read. Buol 352 Regular Session, September 19, 2005 moved that the communication be received and filed and recommendation approved. Seconded by Markham. Motion carried 7-0. Fiscal Year 2005 Street Finance Report: City Manager recommending approval of the City of Dubuque's Fiscal Year 2005 Street Finance Report for submittal to the Iowa Department of Transportation, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 431-05 APPROVING THE CITY OF DUBUQUE FISCAL YEAR 2005 CITY STREET FINANCE REPORT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Street Finance Report for the period of July 1. 2004 to June 30. 2005, is hereby approved and thaI the City Clerk is hereby authorized and directed to file said report with the Iowa Department of Transportation. Passed, approved and adopted this 19th day of September, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Acceptance of Warranty Deeds: City Manager recommending approval of the acceptance of two warranty deeds from QHQ Properties for parcels of land on Asbury Road, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 432-05 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA, FROM QHQ PROPERTIES WHEREAS, the City of Dubuque entered into an Agreement with QHQ Properties for the purchase of the real property in Dubuque County, Iowa, described as follows: A part of Lot 1 of Salvo - Salas Place 2 in the City of Dubuque, Dubuque County, Iowa, as shown on the Acquisition Plat thereof recorded as Instrument Nos. 2005-12607 and 2005-13888 in the Office of the Dubuque County Recorder. 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 QHQ Properties attached hereto. 2. The City Clerk is hereby authorized and directed to record this Resolution and the Warranty Deed with the Dubuque County Recorder. Passed, approved and adopted this 19th day of September, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 433-05 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA, FROM QHQ PROPERTIES WHEREAS, the City of Dubuque entered into an Agreement with QHQ Properties for the purchase of the real property in Dubuque County, Iowa, described as follows: A part of Lot 1 of 1 of 1 of 3 and part of Lot 1 of 1 of 2 of 3 of the Southwest Quarter of the Southwest Quarter of Section 16, Township 89 North, Range 2 East 6f the 5th P.M., in the City of Dubuque, Dubuque County, Iowa, as shown on the Acquisition Plat thereof recorded as instrument Nos. 2005-4986 and 2005-12525 in the Office of the Dubuque County Recorder. 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 QHQ Properties attached hereto. 2. The City Clerk is hereby authorized and directed to record this Resolution and the Warranty Deed with the Dubuque County Recorder. Passed, approved and adopted this 19th day of September, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Eagle Valley Subdivision: City Manager recommending approval of a request from Fondell Excavating for an extension through November 1, 2007 to complete the public improvements in Eagle Valley Subdivision, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 434-05 AMENDING RESOLUTION NO. 293-03 APPROVING THE FINAL PLAT OF LOTS 1-2, INCLUSIVE, OF BLOCK 1, LOTS 1-27, INCLUSIVE OF BLOCK 2, LOTS 1-13, INCLUSIVE OF BLOCK 3, LOTS 1-13, INCLUSIVE, OF BLOCK 4, LOTS 1-21, INCLUSIVE, OF BLOCK 6, LOTS 1-10, INCLUSIVE, OF BLOCK 7 AND LOTS A-I, Regular Session, September 19, 2005 353 INCLUSIVE, ALL OF EAGLE VALLEY SUBDIVISION Whereas, On August 18, 2003 the City Council adopted Resolution No. 293-03 Approving The Final Plat Of Lots 1-2, Inclusive, Of Block 1, Lots 1-27, Inclusive Of Biock 2, Lots 1-13, Inclusive Of Block 3, Lots 1-13, Inclusive, Of Block 4, Lots 1-21, Inclusive, Of Biock 6, Lots 1-10, inclusive, Of Biock 7 And Lots A-I, Inclusive, All Of Eagle Valley Subdivision; and Whereas, Section 3(c) of Resolution No. 293- 03 required the owner to construct certain public improvements prior to two years from the date of acceptance of the resolution; and Whereas, the owner has requested an extension of time in which to construct said improvements; and Whereas, the City Council finds that it is in the best interests of the City of Dubuque to grant an extension for the construction of said improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Resolution No. 293-03, Section 3(c) is hereby amended to read as follows: The owner agrees to construct said improvements prior to the 1 st day of November, 2007, at the sole expense of the owner or future owner; Section 2. All other requirements and obligations of Resolution No. 293-03 shall remain in full force and effect as provided therein. Passed, approved and adopted this 19th day of September, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Dubuque Star Brewery Building - Request for Proposals: City Manager recommending approval of the issuance of a Request for Proposals for redevelopment of the former Dubuque Star Brewery Building and site, presented and read. Buol moved that the communication be received and filed and recommendation approved. Seconded by Markham. Motion carried 7-0. United States Environmental Protection Agency: Letter to Stephanie Doolan, US Environmental Protection Agency, regarding the final closeout documents for the Port of Dubuque Brownfields Project, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. Dubuque Yacht Basin: City Manager recommending approval of the execution of a Waiver of Landlord's Lien for Dubuque Yacht Basin, Inc. boat inventory sold on consignment, presented and read. Buol moved that the communication be received and filed and recommendation approved. Seconded by Markham. Motion carried 7-0. Great River Road Interpretive Signage Project: City Manager recommending award of the contract for the Great River Road Interpretive Signage Project to Lange Sign Company in the amount of $23,010, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7- O. RESOLUTION NO. 435-05 AWARDING CONSTRUCTION CONTRACT FOR THE GREAT RIVER ROAD INTER- PRETIVE SIGNAGE PROJECT Whereas, . sealed bid proposals have been submitted by contractors for the Great River Road Interpretive Signage Project pursuant to Resolution No. 335-05 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 19th day of August, 2005. Whereas, said sealed proposals were opened and read on the 8th day of September, 2005, and it has been determined that the bid of Lange Sign Group of Dubuque, Iowa, in the amount of $23,010.00 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the construction documents. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above improvement be awarded to Lange Sign Group and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 19th day of September, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 436-05 APPROVING CONSTRUCTION CONTRACT WITH LANGE SIGN GROUP FOR THE GREAT RIVER ROAD INTERPRETIVE SIGNAGE PROJECT Whereas the City Council by Resolution No. 435-05 awarded the construction contract for the 354 Regular Session, September 19, 2005 Great River Road Interpretive Signage Project to Lange Sign Group; and Whereas Lange Sign Group has submitted the attached executed contract and bond. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 1. The contract and bond attached hereto are hereby approved. 2. The City Manager is hereby authorized and directed to execute the contract on behalf of the City of Dubuque. Passed, approved and adopted this 19th day of September, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Cable TV Teleprogramming Commission: City Manager recommending approval of the Cable TV Teleprogramming Commission's recom- mendations for PEG Access Equipment Grants, presented and read. Buol moved that the communication be received and filed and recommendation approved. Seconded by Markham. Motion carried 7-0. Harvest View Subdivision: Petition from the residents of Harvest View Subdivision in appreciation of the installation of sidewalks on the north side of Asbury Road from John F. Kennedy Road to the Northwest Arterial, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. Legislative Communication: Communication to Senators Charles Grassley and Tom Harkin, and Representative Jim Nussle regarding S1504 - the Broadband Investment and Consumer Choice Act, presented and read. Buol moved that the communication be received and fiied. Seconded by Markham. Motion carried 7-0. Iowa Department of Natural Resources: Communication from the Iowa Department of Natural Resources advising that the City's Water Recreation Access Cost-Share Grant Application for Public Access in the amount of up to $50,000 has been approved, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. Worker's Compensation Settlement: City Solicitor William Blum recommending settlement of the worker's compensation claim of Terry Dolan, presented and read. Buol moved that the communication be received and filed and recommendation approved. Seconded by Markham. Motion carried 7-0. University of Dubuque: Communication from Alan Burr, University of Dubuque, requesting changes to the parking restrictions in the area surrounding the University, presented and read. Buol moved that the communication be received and filed and referred to the City Manager. Seconded by Markham. Motion carried 7-0. Business Licenses: RESOLUTION NO. 437-05 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. NEW Bulldog Billiards Sports Bar & Grill Inc Richard/Joleen Reinhardt 1850 Central Passed, approved and adopted this 19th day of September, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 438-05 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved: and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS "B" BEER (5 - DAY SPECIAL EVENT) Dubuque Jaycees Dubuque Jaycees Bluff St (3rd to Bluff) CLASS "C" BEER PERMIT Liberty Station, LLC Phillips 66/Arby's+ (Sunday Sale) 10 S Main St RKM LLC Ron's Discount Smokes+ (Sunday Sale) 1701 JFK Rd Mulgrew Oil Company Asbury Amoco Foodshop+(Sunday Sale) 3300 Asbury Rd Wal-Mart Stores, Inc. Wal.Mart #2004+ (Sunday Sale) 4200 Dodge St Passed, approved and adopted this 19th day of September, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Regular Session, September 19, 2005 RESOLUTION NO. 439-0S 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 DDA Enterprise Inc. A & B Tap+ (Sunday Sale) 2600 Central Ave PMST Inc Happy's Place+ (Sunday Sale) 2323 Rockdale Rd James Kohl Grand Tap+ (Sunday Sale) 802 Central Ave Platinum Hospitality Group Grand River Center+(Sunday/Outdoor Sale) 500 Bell Angela Mangeno Angie's Bar+ (Sunday Sale) 1401 Elm St Bulldog Billiards Spts. Bar/Grilllnc Bulldog Billiards Spts Bar+(Sunday Sale) 1850 Central Av Europa Haus Rest./Bierstube Europa Haus ( 1 day Outdoor Sale) 1301 Rhomberg Av Red Robin Internationallnc Red Robin Burgers / Spirits+(Sunday/Outdoor) 2775 NW Arterial Ibrico, Inc Fat Tuesday's+ (Sunday/Outdoor Sale) 1121 University Av CLASS "B" WINE Wal-Mart Stores, Inc Wal-Mart # 2004 4200 Dodge St Teri A. Burdt River City Gift Shop 137 Main St Passed, approved and adopted this 1 9th day of September, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. ITEMS TO BE SET FOR PUBLIC HEARING Vacating Petition - Stewart Street: City Manager recommending that a public hearing be set for October 3, 2005 to consider a request from Richard Hartig, representing Grandview University LLC, and John E. Knox, representing The Finley Hospital, to vacate and dispose of a portion of Stewart Street, a portion of North Grandview Avenue, and portions of adjacent alleys between Delhi Street and University Avenue, presented and read. Michalski moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. 355 RESOLUTION NO. 440-OS RESOLUTION APPROVING PLAT OF PROPOSED VACATED PORTION OF NORTH GRANDVIEW AVENUE SOUTH OF UNIVERSITY AVENUE Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated the 30th day of June, 2005, prepared by IIW Engineers & Surveyors, PC, describing the proposed vacated portion of North Grandview Avenue south of University Avenue to be known as Lot 2 of Grandview University Place in the City of Dubuque, Dubuque County, Iowa; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated the 30th day of June, 2005, 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. Section 2. The relocation of all utilities affected by the vacating of the portion of North Grandview Avenue south of University Avenue be engineered, constructed, and inspected at the expense of Grandview University, LLC and The Finley Hospital in accordance with City of Dubuque Standards and Specifications. 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. Passed, approved and adopted this 19th day of September, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Michalski moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 441-05 RESOLUTION APPROVING PLAT OF PROPOSED VACATED PORTION OF NORTH GRANDVIEW AVENUE NORTH OF DELHI STREET Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated the 30th day of June, 2005, prepared by IIW Engineers & Surveyors, PC, describing the proposed vacated portion of North Grandview Avenue north of Delhi Street to be known as Lot 2 of 1 of Rigi Subdivision No. 2 in the City of Dubuque, Dubuque County, Iowa; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 356 Regular Session, September 19,2005 Section 1. That the plat dated the 30th day of June, 2005, 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. Section 2. The relocation of all utilities affected by the vacating of the portion of North Grandview Avenue north of Delhi Street be engineered, constructed, and inspected at the expense of Grandview University, LLC and The Finley Hospital in accordance with City of Dubuque Standards and Specifications. 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. Passed, approved and adopted this 19th day of September, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Michalski moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 442-05 RESOLUTION APPROVING PLAT OF PROPOSED REMAINING UNVACATED 12- FOOT ALLEY EAST OF NORTH GRANDVIEW AVENUE BETWEEN DELHI STREET AND UNIVERSITY AVENUE Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated the 30th day of June, 2005, prepared by IIW Engineers & SUlveyors, PC, describing the proposed remaining unvacated 12-foot alley east of North Grandview Avenue between Delhi Street and University Avenue to be known as Lot A of Loetscher and Truebs Subdivision in the City of Dubuque, Dubuque County, Iowa; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Section 1. That the plat dated the 30th day of June, 2005, 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 Cierk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. The relocation of all utilities affected by vacating the remaining unvacated 12-foot alley east of North Grandview Avenue between Delhi Street and University Avenue be engineered, constructed, and inspected at the expense of Grandview University, LLC and The Finley Hospital in accordance with City of Dubuque Standards and Specifications. 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. Passed, approved and adopted this 19th day of September, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Michalski moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 443-05 RESOLUTION APPROVING PLAT OF PROPOSED VACATED PORTION OF STEWART STREET AND ADJACENT ALLEYS SOUTH OF UNtVERStTY AVENUE Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated the 30th day of June, 2005, prepared by IIW Engineers & Surveyors, PC, describing the proposed vacated portion of Stewart Street and adjacent alleys south of University Avenue to be known as Lots B, C, and D of Loetscher and Truebs Subdivision in the City of Dubuque, Dubuque County, Iowa; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated the 30th day of June, 2005, 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. Section 2. The relocation of all utilities affected by the vacating of the portion of Stewart Street and adjacent alleys south of University Avenue be engineered, constructed, and inspected at the expense of Grandview University, LLC and The Finley Hospital In accordance with City of Dubuque Standards and Specifications. 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. Passed, approved and adopted this 19th day of September, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Michalski moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 444-05 RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN LOT 2 OF GRANDVIEW UNIVERSITY PLACE, LOT 2 OF 1 OF RIG I SUBDIVISION NO.2, AND LOT A AND LOT B OF LOETSCHER AND TRUEBS Regular Session, September 19, 2005 357 SUBDIVISION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, the Grandview University LLC and The Finley Hospital have requested the vacaling of a portion of North Grandview Avenue south of University Avenue, a portion of North Grandview Avenue north of Delhi Street, and the remaining unvacated 12-foot alley east of North Grandview Avenue between Delhi Street and University Avenue and a portion of Stewart Street south of University Avenue; and Whereas, IIW Engineers & Surveyors, PC has prepared and submitted to the City Council a plat showing the vacated portion of North Grandview Avenue south of University Avenue, a portion of North Grandview Avenue north of Deihi Street, and the remaining unvacated 12- foot alley east of North Grandview Avenue between Delhi Street and University Avenue and a portion of Stewart Street south of University Avenue, and assigned iot numbers thereto, which hereinafter shall be known and described as Lot 2 of Grandview University Place, Lot 2 of 1 of Rigi Subdivision No.2, and Lot A and Lot B of Loetscher and Truebs Subdivision in the City of Dubuque, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that this portion of North Grandview Avenue south of University Avenue, the portion of North Grandview Avenue north of Delhi Street, and the remaining unvacated 12-foot alley east of North Grandview Avenue between Delhi Street and University Avenue and a portion of Stewart Street south of University Avenue are no longer required for public use, except for utility easements as noted, and vacating and sale of said portions of alleys and streets known Lot 2 of Grandview University Place, Lot 2 of 1 of Rigi Subdivision No.2, and Lot A and Lot B of Loetscher and Truebs Subdivision in the City of Dubuque, Dubuque County, Iowa should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to vacate and dispose of its interest in Lot 2 of Grandview University Place, Lot 2 of 1 of Rigi Subdivision No.2, and Lot A and Lot B of Loetscher and Truebs Subdivision in the City of Dubuque, Iowa. Section 2. That the conveyance of Lot 2 of Grandview University Place, Lot 2 of 1 of Rigi Subdivision No.2, and Lot A and Lot B of Loetscher and Truebs Subdivision in the City of Dubuque, Iowa to Grandview University, LLC be contingent upon the payment of $69,191.54, plus platting, publication and filing fees. Section 3. The relocation of all utilities and curbing along the east side of North Grandview Avenue as indicated on the approval site plan affected by the vacating of a portion of North Grandview Avenue south of University Avenue, the portion of North Grandview Avenue north of Delhi Street, and the remaining unvacated 12- foot alley east of North Grandview Avenue between Delhi Street and University Avenue and a portion of Stewart Street south of University Avenue be engineered, constructed, and inspected at the expense of Grandview University LLC and The Finley Hospital in accordance with the City of Dubuque Standards and Specifications. Section 4. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to dispose of said real estate to be published in the manner as prescribed by law. Passed, approved and adopted this 19th day of September, 2005. Terrance M. Duggan, Mayor Attest Jeanne F. Schneider, CMC, City Clerk Michalski moved adoption of the Resolution and set this for public hearing on 10/3/05 at a meeting to commence at 6:30 P.M. in the public library auditorium and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 445-05 RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN LOTS C AND D OF LOETSCHER AND TRUEBS SUBDI- VISION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, the Grandview University LLC and The Finley Hospital have requested the vacating of a portion of Stewart Street and adjacent alleys south of University Avenue; and Whereas, IIW Engineers & Surveyors, PC has prepared and submitted to the City Council a plat showing the vacating of a portion of Stewart Street and adjacent alleys south of University Avenue and assigned lot numbers thereto, which hereinafter shall be known and described as Lots C and D of Loetscher and T ruebs Subdivision in the City of Dubuque, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that this portion of Stewart Street and adjacent alleys south of University Avenue is no longer required for publiC use, except for utility easements as noted, and vacating and sale of said portions of alleys and streets known Lots C and D of Loetscher and Truebs Subdivision in the City of Dubuque, Dubuque County, Iowa should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to vacate and dispose of its interest in Lots C and D of Loetscher and Truebs Subdivision in the City of Dubuque, Iowa. Section 2. That the conveyance of Lots C and D of Loetscher and Truebs Subdivision the City 358 Regular Session, September 19, 2005 of Dubuque, Iowa to The Finley Hospital be contingent upon the payment of $30,808.46 plus platting, publication and filing fees. Section 3. The relocation of all utilities affected by the vacating of a portion of Stewart Street and adjacent alleys south of University Avenue be engineered, constructed, and inspected at the expense of Grandview University LLC and The Finley Hospital, in accordance with the City of Dubuque Standards and Specifications. Section 4. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to dispose of said real estate to be published in the manner as prescribed by law. Passed, approved and adopted this 19th day of September, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Michalski moved adoption of the Resolution and set this for public hearing on 10/3/05 at a meeting to commence at 6:30 P.M. in the public library auditorium and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Connors. Motion carried 7-0. Fiscal Year 2006 Budget Amendment: City Manager recommending that a pubiic hearing be set for October 3, 2005 to consider the first amendment to the Fiscal Year 2006 budget, presented and read. Michalski moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 446-05 SETTING THE DATE FOR THE PUBLIC HEARING ON AMENDMENT NO. 1 TO THE FISCAL YEAR 2006 BUDGET FOR THE CITY OF DUBUQUE Whereas, Iowa Code Section 384.16 provides that the City Council shall set a time and place for a public hearing on amendments to the budget and pubiish notice before the hearing as provided in Iowa Code Section 362.3. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council shall conduct a public hearing on proposed Amendment NO.1 to the Fiscal Year 2006 budget for the City of Dubuque at the Carnegie Stout Public Library Auditorium, 360 West 11 th Street, Dubuque, Iowa, on Monday, October 3, 2005, beginning at 6:30 p.m. Section 2. That the City Clerk be and is hereby authorized and directed to publish notice of the public hearing, according to law, together with the required budget infoonation. Passed, approved and adopted this 19th day of September 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution setting a public hearing for 10/3/05 at a meeting to commence at 6:30 P.M. in the public library auditorium and direct the City Clerk to publish notice in the manner prescribed by law.' Seconded by Connors. Motion carried 7-0. Miller Riverview Park Electric Outlet - Phase II Project: City Manager recommending initiation of the bidding process for the Miller Riverview Park Electric Outlet - Phase II Project and that a public hearing be set for October 17, 2005, presented and read. Michalski moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 447-05 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Miller- Riverview Park Electrical Service, Phase II Project, in the estimated amount of $38,000, are hereby approved and ordered filed in the office of the City Clerk, for public inspection. Passed, approved and adopted this 19th day of September, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 448-05 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS WHEREAS, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection of the Miller-Riverview Park Electrical Service, Phase II Project. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, that on the 17th day of October, 2005, a public hearing will be held at 6:30 p.m. in the Public Library Auditorium, at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of 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 not iess than four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may appear and file objections to the proposed pians, Regular Session, September 19, 2005 359 specifications, contract, or estimated cost of the improvement. Passed, approved and adopted this 19th day of September, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution fixing date of hearing on plans and specifications for 10/17/05 at a meeting to commence at 6:30 P.M. in the public library auditorium and direct the City Cierk to publish notice in the manner prescribed by iaw. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 449-05 ORDERING BIDS BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Miller-Riverview Park Electrical Service, Phase II Project is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that 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 as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than forty-five days prior to the receipt of said bids at 2:00 p.m. on the 6th day of October, 2005. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 6:30 p.m. on the 17th day of October, 2005. Passed, approved and adopted this 19th day of September, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Boards/Commissions: Environmental Stewardship Advisory Board (One 1-year youth term; two 3-year terms through 10/1/08 - terms of Klostermann and O'T ooie) Applicants: Youth - Kirsten Berg and Claire Miller; Wayne Klostermann and Mary Clare O'Toole Kirsten Berg spoke requesting consideration for appointment. Appointment to the following Commission: Zoning Advisory Commission (One unexpired 3- year term through 7/1106) Applicant: Matthew Lundh Michalski moved that Mr. Lundh be appointed to the Zoning Advisory Commission. Seconded by Connors. Motion failed due to the following vote: Yeas-Connors, Michalski, Buol. Nays-Duggan, Markham, Nicholson, Cline. PUBLIC HEARINGS Michalski moved to suspend the rules to allow anyone present to address the Council. Seconded by Nicholson. Motion carried 7-0. Tri-State Development - Request to Rezone: Proof of publication on notice of hearing to consider amending the Zoning Ordinance of the City of Dubuque by rezoning property located northeast of Seippel Road and Cottingham Road from R-1 Single-Family Residential District to CS Commercial Service and Wholesale District as requested by Tri-State Development Company/James and Doris Graf and Zoning Advisory Commission recommending denial; Communication from Brian Lammers, Tri-State Development Company, requesting that this rezoning request be tabled untii he has had an opportunity to meet with neighboring property owners; Communication from Margaret and Donald Delaney, et ai, in opposition to the proposed rezoning, and an Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located northeast of Seippel Road and Cottingham Road from R-1 Single-Family Residential District to CS Commercial Service and Wholesale District, presented and read. Michalski moved to receive and file the proof and communications and to recess the public hearing and to table the issue. Seconded by Nicholson. Motion carried 6-1 with Cline voting Nay. Michalski moved to reinstate the rules limiting discussion to the Council. Seconded by Nicholson. Motion carried 7-0. ACTION ITEMS 2080 Elm Street I Michele Mihalakis Rezoning (Third Reading): Council Member Markham left the Chambers due to possible conflict of interest. Communication from Laurie Bartolotta in opposition to the proposed rezoning, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 5-1 with Duggan voting Nay.. 360 Regular Session, September 19, 2005 An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinalter described property iocated at 2080 Elm Street from R-2A Alternate Two-Famiiy Residential District to OR Office Residential District, said Ordinance having been presented and read at the Council Meetings of 8/15/05 and 9/6/05 and now presented for final action. OFFICIAL PUBLICATION ORDINANCE NO. 55-05 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRI- BED PROPERTY LOCATED AT 2080 ELM FROM R-2A ALTERNATE TWO-FAMILY RESIDENTIAL DISTRICT TO OR OFFICE RESIDENTIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinalter-described property from R-2A Alternate Two-Family Residential District to OR Office Residential District to wit: Lot 1 of 2 of 1 of 2 of 2 of 2 of 3 of 10 and part of Lot 1 of 1 of 2 of 3 of 10 Kniest Subdivision and to the centerline of the adjoining public right-of- way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 19th day of September 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 23rd day of September, 2005. Jeanne F. Schneider, City Clerk 1t 9/23 Buol moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 5-1 with Duggan voting Nay. Council Member Markham returned to the meeting. Arbor Estates Subdivision - Phase III - Final Plat: City Manager recommending approval of the final plat of Arbor Estates Subdivision - Phase III as requested by Kivlahan Farms, L.C., presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 450-05 A RESOLUTION APPROVING FINAL PLAT OF LOTS 13 THRU 18, INCLUSIVE, IN BLOCK 6, LOTS 6 THRU 20, INCLUSIVE, IN BLOCK 7, LOTS 3 THRU 15, INCLUSIVE, IN BLOCK S, LOTS 2 THRU 12, INCLUSIVE, IN BLOCK 9, LOTS 1 THRU 10, INCLUSIVE, IN BLOCK 10, LOTS P, Q, R, AND S, ALL IN ARBOR ESTATES, IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a Final Plat of Arbor Estates Subdivision Phase III, comprised of Lots 13 thru 18, Inclusive, in Block 6, Lots 6 thru 20, Inclusive, in Block 7, Lots 3 thru 15, Inclusive, in Block 8, Lots 2 thru 12, Inclusive, in Block 9, Lots 1 thru 10, Inclusive, in Block 10, Lots P, Q, R, and S, all in Arbor Estates in the City of Dubuque, Iowa; and Whereas, upon said final plat appears streets to be known as Arrowwood Lane (Lot Q), Hibiscus Lane (Lot R); and Kiv Berry Lane (Lot S) , together with certain public utility and storm sewer drainage easements, which the owners by said final plat have 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 owners agreeing to the conditions noted in Section 2 and 3 below; and 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 no streets or public utilities have yet been constructed or installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Arrowwood Lane (Lot Q), Hibiscus Lane (Lot R), and Kiv Berry Lane (Lot S), together with the easements for public utilities, sanitary sewer, storm sewer, and water mains as they appear upon said final plat, be and the same are hereby accepted; and Section 2. That the Final Plat of Arbor Estates Subdivision Phase III, comprised of Lots 13 thru 18, Inclusive, in Block 6, Lots 6 thru 20, Inclusive, in Block 7, Lots 3 thru 15, Inclusive, in Block 8, Lots 2 thru 12, Inclusive, in Block 9, Lots 1 thru 10, Inclusive, in Block 10, Lots P, Q, R, and S, all in Arbor Estates 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 piat, R'ovided the owners of said property herein named, execute their written acceptance hereto attached agreeing: (a) To reduce Arrowwood Lane (Lot Q), Hibiscus Lane (Lot R), and Kiv Berry Lane (Lot S) to grade and to construct concrete curb and Regular Session, September 19, 2005 361 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 sewer mains, pumping station and sewer service laterals into each individual lot, water mains and water service laterals into each individual lot, storm sewers and catch basins, boulevard 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 a storm water detention facilities (Lot 6 and 13, Block 9) 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 said improvements, prior to two (2) years from the date of acceptance of this resolution, at the sole expense of the owners, or future owner; and (e) To maintain the public improvements, for a period of two (2) years from the date of the acceptance of those improvements by the City of Dubuque, Iowa, at the sole expense of the owners, or future owner; And, further provided that said Kivlahan Farms, L.C., as owners 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 iots with multiple frontages, as required by City Code 41-161 through 41-164. The responsibility shall extend to all successors, heirs and assignees. Sidewalk installation will not be required until the development of the lot has been completed, except as required herein. in sparsely developed subdivisions, sidewaiks on developed lots will not be required until 50% of the lots approved by the plat have been developed. All vacant lots shall have sidewalks installed upon development of 80% of the lots approved by the plat. Section 4. Upon the City's acceptance of the detention facility, the maintenance expenses incurred by the City of Dubuque for the storm water detention facility (Lot 15 Block 7 and Lot 12 Block 9) shall be assessed against the lot owners of all additions in Arbor Estates as indicated in the preliminary plat, in equal amounts, and the City Manager shall certify such costs to the City Clerk, who in turn shail promptiy 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 lawn. Section 5. That the final acceptance of all public improvements shall occur upon certification of the City Engineer to the City Council that all public improvements have been completed in accordance with the improvement plans and City standard specifications and accepted by City Council Resolution. Section 6. That in the event Kivlahan Farms, L.C. 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 the plat shall not be effective. Passed, approved and adopted this 19th day of September 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Ehrlich Farms Subdivision - Preliminary Plat: Zoning Advisory Commission recommending approval of the preliminary piat of the Ehrlich Farms Subdivision, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 6- 1 with Michalski voting Nay. RESOLUTION NO. 451-05 RESOLUTION APPROVING THE PRELIMI- NARY PLAT OF EHRLICH FARM SUBDIVISION IN THE CITY OF DUBUQUE, IOWA. Whereas, there has been filed with the City Clerk a Preiiminary Plat of Ehrlich Farm Subdivision; and Whereas, said Preliminary Plat has been examined by the Zoning Advisory Commission and has recommended approval subject to the following: 1) Waiving Section 42-19(b) for Lots 3, 4 and 5 of Block 1 and Lots 9, 10 and 11 of Block 2 to allow the double frontage iots with the condition that the aforementioned lots have no access to Street "A". 2) Waiving the maximum grade for collector streets of 10% to ailow Street "A" to have a grade of 12%. 3) That a lockable gate be installed at the top of Olympic Heights Road subject to adequate area being dedicated to the City as part of a future final plat. 362 Regular Session, September 19, 2005 COUNCIL MEMBER REPORTS 4) That construction vehicles are prohibited from using Olympic Heights Road for access to the site. 5) That the applicant pursue a temporary construction access to the Northwest Arterial with lOOT and the City of Dubuque. Whereas, said Preliminary Plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating thereto and cencur in the recommendations of the Zoning Advisory Commission. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Preliminary Plat of Ehrlich Farm Subdivision is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, iowa. Passed, approved and adopted this 19th day of September 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 6-1 with Michaiski voting Nay. Nicholson stressed the intensity of the pians and questioned having only one access. Four Mounds Foundation: Communication from Christine Happ Olson, Executive Director of the Four Mounds Foundation, requesting City sponsorship of an application for transportation enhancement funds from the Iowa Department of Transportation, presented and read. Michalski moved that the communication be received and filed and approved letter of support. Seconded by Nicholson. Motion carried 7-0. Highway 20 Bridge: City Manager recommending that a work session with the Iowa Department of Transportation be held at 5:00 p.m. on November 7, 2005 to review aesthetic design issues associated with the Highway 20 Bridge Project, presented and read. Connors moved that the communication be received and filed and concurred. Secended by Michalski. Motion carried 7-0. Phoenix Award: Press release advising that the Port of Dubuque redevelopment project has been recognized as one of the nation's outstanding Brownfield redevelopment projects and has been awarded the 2005 Phoenix Award for EPA Region 7, presented and read. Cline moved that the communication be received and filed. Secended by Nicholson, Motion carried 7- O. Michalski shared information from the recent Iowa League of Cities meeting attended by herself, Mayor Duggan, Council Members Connors and Nicholson and City Manager Van Milligen and cemplimented Dan Nicholson on his election as President Elect of the League. At 7:01 P.M. Michalski moved to go into Closed Session re: Pending Litigation and Property Acquisition - Chapter 21.5(1)(c)0) 2005 Code of Iowa. Secended by Nicholson. Motion carried 7-0. At 7:19 P.M. Council reconvened regular session stating that staff had been given proper direction. There being no further business, Michalski moved to adjourn. Secended by Nichoison. Motion carried 7-0, The meeting adjourned at 7:20 P.M. Isl Jeanne F, Schneider, CMC City Clerk 1t9/2~8 I Approv :~$//4A? /:/ 2006 Adop &.b//d.4,"'-} / / 2006 (// Ii 1/ // ~?f' tY I~ Mayor , ~ YJ::j )~ Council Members // ?c/ Special Session, September 28, 2005 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Special Session, Wednesday, September 28, 2005 Council met at 1 :00 p.m., City Hall Conference Room B Present: Mayor Duggan, Council Members Buol, Cline, Connors, Markham, Michalski, Nicholson, City Manager Van Milligen, City Attorney Tim O'Brien Mayor Duggan read the call and stated this is a special session of the City Council called for the purpose of considering approval of an amendment to the Development Agreement with Marke, LLC (Vessel Systems) Proposed Sale of Vessel Systems, Inc: City Manager recommending approval of an amendment to the Vessel Systems' Deveiopment Agreement and support of the sale of Vessel Systems, Inc. to Art's Way Manufacturing, presented and read. Michalski moved to receive and file and approve the amendment to the Development Agreement with Marke, LLC with the condition that the CEBA wage guideline be maintained. Seconded by Markham. Motion carried 7-0. There being no further business, Nicholson moved to adjourn. Seconded by Connors. Motion carried 7-0. The meeting adjourned at 1:36 p.m. /s/ Jeanne F. Schneider, CMC City Clerk 1t 10/5 363 2006 2006 l1t: ity Clerk ,~~2J