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Council Proceedings August 2006 Regular Session, August 7, 2006 323 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, August 7, 2006 Council met at 6:30 P.M. in the Public Library Auditorium Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski, City Manager Van Milligen, City Attorney Lindahl Mayor Buol 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 John Sorenson, Pastor of Lord of Life Lutheran Church Proclamations: Responsible Gaming Week (August 7 - 11 , 2006) received by Carrie T edore and Shannon Gaherty; Cory Bowman Week (August 23 - 28, 2006) received by Cory Bowman and family; Tour de Dubuque Day (August 26, 2006) received by Mike Martin, Kevin Pike and Gino Rokusek of the Freedom Riders CONSENT ITEMS Minutes and Reports Submitted: Airport Commission of 7/9; Arts and Cultural Affairs Advisory Commission of 5/23 and 6/12; City Council of 7/19; Housing Commission of 6/27; Housing Commission Trust Fund Committee of 7/25; Investment Oversight Advisory Commission of 7/26; Long Range Planning Advisory Commission of 7/19, presented and read. Cline moved that the minutes be received and filed. Seconded by Jones. Motion carried 7-0. Proof of publication of City Council Proceedings of July 5, 2006, presented and read. Cline moved that the proof be received and filed. Seconded by Jones. Motion carried 7-0, Library Board of Trustees Update of July 27, 2006, presented and read. Cline moved that the communication be received and filed. Seconded by Jones. Motion carried 7-0. Investment Oversight Advisory Commission 53rd Quarterly Report, presented and read. Cline moved that the communication be received and filed. Seconded by Jones. Motion carried 7-0, Notice of Claims/Suits: Gary M. Blosch for property damage; Bernice M. Breitfelder for property damage; Milton Ernst for property damage; Emily Freiburger for property damage; Barbara L. Hansen for personal injuryivehicle damage; Ralph G. Hemesath for property damage; Cynthia Henkel and Tracey Tittle for property damage; Gerald B. Hingtgen for vehicle damage/personal injury; Jamie Lee Kremer for property damage; Leo Link for property damage; Ricky Meyer for personal injury; Gerald Pickel for property damage; Barbara J. Schnee for vehicle damage; Gary and Tina Smith for property damage; Laverne Strohmeyer for property damage, presented and read. Cline moved that the communications be received and filed and referred to the City Attorney for investigation/report. Seconded by Jones. Motion carried 7~. City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: City of Bellevue for vehicle damage; Gary M. Blosch for property damage; Barbara L. Hanson for personal injury/vehicle damage; Cynthia Henkel and Stacey Tittle for property damage; Gerald Hingtgen for personal injury/property damage; Jane M. Jaeger for property damage; Robert Kaesbauer for property damage; Leo Link for property damage; Ricky Meyer for personal injury; Gerald F. Pickel for property damage; Michael Rooney for property damage; Michael Skahill for property damage; Laverne Strohmeyer for property damage; Bernice M. Breitfelder for property damage; Ralph G. Hemesath for property damage; Jamie Lee Kremer for property damage; Barbara J. Schnee for vehicle damage; and Gary and Tina Smith for property damage, presented and read. Cline moved that the communications be received and filed and concurred. Seconded by Jones. Motion carried 7-0. Dubuque Bank and Trust: Communication from Nelson Klavitter, Dubuque Bank and Trust, requesting voluntary annexation of property located at 2690 Rockdale Road into the City of Dubuque, presented and read. Cline moved that the communication be received and filed and referred to the City Manager. Seconded by Jones. Motion carried 7-0. Requests to Purchase: Communication from Stephen J. Schmall, Loras College, requesting to purchase a portion of a City-owned alley abutting their property and communication from KC Jones, Airgas-North Central, Inc., requesting 324 Regular Session, August 7, 2006 to purchase a portion of Kerper Boulevard as it abuts property being purchased at 2240 Kerper Boulevard, presented and read. Ciine moved that the communications be received and filed and referred to the City Manager. Seconded by Jones. Motion carried 7-0. 2007 Fireworks Display: Request of the Dubuque Jaycees, KDTH, KATF, KGRR and The River to conduct a fireworks display on Tuesday, July 3, 2007 on Volunteer Road between Hawthorne and Lime, with a rain date of July 4, 2007, presented and read. Cline moved that the communication be received and filed and approved request. Seconded by Jones. Motion carried 7-0. Department of the Army: Communication from the Department of the Army advising of public meetings to be held by the Mississippi River Commission, presented and read. Cline moved that the communication be received and filed. Seconded by Jones. Motion carried 7-0. Certified Local Government (CLG) Program Grant Application: City Manager recommending support for an application to the State Historical Society of Iowa for a Fiscal Year 2007 Certified Local Government (CLG) Grant to conduct a Phase I Four Mounds Archeological investigation, presented and read. Cline moved that the communication be received and filed. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 343-06 RESOLUTION AUTHORIZING THE SUB- MISSION OF AN APPLICATION FOR CERTIFIED LOGAL GOVERNMENT (CLG) PROGRAM FUNDING TO CONDUCT A PHASE I ARCHEOLOGICAL INVESTIGATION AT FOUR MOUNDS ESTATE Whereas, the State Historical Society of Iowa (SHSI) has announced the availability of Certified Local Government Program (CLG) grant funds; and Whereas, the intensive survey and evaluation of archeoiogical resources are eligible activities for CLG funding; and Whereas, the Four Mounds archeological site and the Four Mounds Estate are listed on the National Register of Historic Places and designated as a iocallandmark site. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the submission of an application for CLG funds to conduct the Phase I Archeological Investigation at Four Mounds Estate is hereby authorized. Section 2. That the Planning Services Manager is hereby authorized to sign the contract with and submit requests for reimbursements to the SHSI for CLG funds to conduct a Phase I Archeological Investigation at Four Mounds Estate if the grant is awarded. Section 3. That the City of Dubuque agrees to abide by all local, state and federal requirements applicable to the proposed project. Passed, approved and adopted this 7th day of August 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Jones. Motion carried 7-0. Emergency Preparedness and Security Information: City Manager recommending approval of a resolution providing for the confidentiality of emergency preparedness information and security procedures where, if disclosed, could reasonably be expected to jeopardize the safety of City employees, visitors, persons, or property, presented and read. Cline moved that the communication be received and filed. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 344-06 ADOPTING A SECURITY INFORMATION POLICY FOR THE CITY OF DUBUQUE, IOWA WHEREAS, Iowa Code ~ 22.7(52) provides that information concerning security procedures or emergency preparedness information developed and maintained by a government body for the protection of governmental employees, visitors to the government body, persons In the care, custody, or under the control of the government body, or property under the jurisdiction of the government body, if disclosure could reasonably be expected to jeopardize such employees, visitors, persons, or property shall be kept confidential, unless otherwise ordered by a court, by the lawful custodian of the records, or by another person duiy authorized to release such information; and WHEREAS, Iowa Code ~ 227.(52) further provides that such information includes but is not limited to information directly related to vulnerability assessments; information contained in records relating to security measures such as security and response plans, security codes and combinations, passwords, restricted area passes, keys, and security or response procedures; emergency response protocols; and information contained in records that if disclosed would significantly increase the vulnerability of critical physical systems or infrastructures of a government body to attack; and WHEREAS, Iowa Code ~ 22.7(52) further provides that such confidentiality requirement only applies to information held by a government body that has adopted a rule or policy identifying the specific records or class of records to which this subsection applies and which is contained in such a record. Regular Session, August 7,2006 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the following policy on restriction of security information is hereby adopted: Security Information Policy For the protection of the city employees, visitors to city facilities, persons in city care, custody or control, and for the protection of city property, the city council hereby adopts this Security Information Policy, pursuant to Iowa Code S 22.7(52). 1. The following pubiic records shall be kept confidential unless otherwise ordered by a court, by the lawful custodian of the records, or by another person duly authorized to release such information: (a) Information directly related to vulnerability assessments; (b) information relating to security measures such as security and response plans, security codes and combinations, passwords, restrided area passes, keys, and security or response procedures; (c) Emergency response protocols; (d) Architectural, engineering or construction diagrams; and (e) Information contained in records that if disclosed would significantly increase the vulnerability of critical physical systems or infrastructures of the city to attack. 2. "Public records" includes all records, documents, tape, or other information, stored or preserved in any medium, of or belonging to this city. 3. The City Manager shall be responsible for implementing the requirements of this policy. Passed, approved and adopted this 7th day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Jones. Motion carried 7-0. Engineering Services Contract Award for the Clear Well/Baffling Rehabilitation Project: City Manager recommending approval of the selection of Veenstra & Kimm, Inc., to provide engineering services for the Clear Well/ Baffling Rehabilitation Project in the amount of $62,000, presented and read. Cline moved that the communication be received and filed and recommendation approved. Seconded by Jones. Motion carried 7-0. Community Economic Betterment Account (CEBA) Loan - Sedgwick CMS: City Manager recommending approval of the execution of a CEBA Loan Agreement by and among the Iowa Department of Economic Development, Sedgwick CMS and the City of Dubuque, presented and read. Cline moved that the 325 communication be received and filed. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 345-06 A RESOLUTION AUTHORIZING THE EXECUTION OF A COMMUNITY ECONOMIC BETTERMENT ACCOUNT LOAN AGREEMENT FOR ONE HUNDRED AND FIFTY THOUSAND DOLLARS ($150,000) WITH SEDGWICK CMS Whereas, the Community Economic Betterment Account (CEBA) program has been created by the Iowa Department of Economic Development to assist in the economic development efforts of local jurisdictions; and Whereas, in March 2006, the City of Dubuque, Iowa was awarded a one hundred and fifty thousand dollar ($150,000) loanlforgivable ioan from the CEBA program by the iowa Department of Economic Development; and Whereas, the City of Dubuque, Iowa desires to assist Sedgwick CMS in its efforts to locate its operations in Dubuque and create new, permanent employment opportunities for local citizens; and Whereas, a CEBA Loan Agreement, hereto attached and by this reference made a part hereof, is to be executed between the Iowa Department of Economic Development, Sedgwick CMS and the City of Dubuque, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor and Corporation Counsel be and they are hereby authorized and directed to endorse, on behalf of the City Council of the City of Dubuque, Iowa, the attached CEBA Loan Agreement. Section 2. That the City Manager be and he is hereby authorized to disburse loan funds to Sedgwick CMS from the CEBA program in accordance with the terms and conditions of the executed Agreement. Passed, approved and adopted this 7th day of August, 2006. Roy D. Buot, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resoiution. Seconded by Jones. Motion carried 7-0. Handan City: Communication from Ding Ynghui, Vice-Mayor of Handan City, thanking the City of Dubuque for the hospitality received during their recent visit and inviting the Mayor and City Council to Handan City, presented and read. Michalski moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. Sisters of St. Francis: Communication from the Sisters of St. Francis requesting that the City Council develop a comprehensive plan to 326 Regular Session, August 7, 2006 reduce carbon emissions into the atmosphere, presented and read. Braig moved that the communication be received and filed and thanked the Sisters for the attention to the environment. Seconded by Connors. Motion carried 7-0. Legislative Communications: Communication to local legislators in appreciation of their vote against efforts to override Govemor Vilsack's veto of HF 2351 regarding the use of eminent domain and communication to Senator Tom Harkin and Senator Charles Grassiey expressing opposition to H.R. 5252, the Advanced Telecommunications and Opportunity Reform Act (ATOR), presented and read. Cline moved that the communications be received and filed. Seconded by Jones. Motion carried 7-0. Community Health Center: City Manager recommending approval of the payment of $250,000 in support of the Community Health Center as authorized through the Fiscal Year 2007 budget, presented and read. Michalski moved that the communication be received and filed. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 346-06 AUTHORIZING THE DISTRIBUTION OF $250,000 TO THE TRI-STATE COMMUNITY HEALTH CENTER IN DUBUQUE FOR CAPITAL AND EQUIPMENT FUNDING WHEREAS, the City Council, in its fiscal year 2007 budget, budgeted $250,000 to be used by the City of Dubuque (City) to provide a one time grant to The Tri-State Community Health Center (TSCHC) for capital and equipment costs; and WHEREAS, TSCHC will provide comprehensive primary health care and dental services, regardless of ability to pay, creating a medical home for many low income people who presently use local hospital emergency rooms or doctors' offices for their source of primary care; and WHEREAS, the City's support for the TSCHC project is consistent with the City of Dubuque Comprehensive Plan, Neighborhood Reinvestment Strategy and the Washington Neighborhood Reinvestment Plan and is aiso consistent with the Fiscal Year 2007 City Council Priorities and Major Projects adopted in September 2005, including "Neighborhood Crime Reduction Strategy" and "Casket Company Compietion and Tot Lot;" and WHEREAS, TSCHC has now requested distribution from City in the amount of $250,000.00 for the one time grant to help with start up costs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The City Finance Director is authorized and directed to distribute $250,000.00 to TSCHC for the capital and equipment funding in support of the TSCHC project. Passed, approved and adopted this 7th day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Braig. Motion carried 7-0. Environmental Stewardship Advisory Com- mission: Resignation of Andrea Bixler from the Environmental Stewardship Advisory Com- mission, presented and read. Cline moved that the communication be received and filed. Seconded by Jones. Motion carried 7-0. Worker's Compensation Claim: City Manager recommending settlement of the worker's compensation claim of Brian Cortez, presented and read. Cline moved that the communication be received and filed and recommendation approved. Seconded by Jones. Motion carried 7-0. Community Economic Betterment Account (CEBA) Loan . Kunkel Bounds & Associates, Inc.: City Manager recommending approval of the execution of a CEBA Loan Agreement by and among the Iowa Department of Economic Development, Kunkel Bounds & Associates, Inc. and the City of Dubuque, presented and read. Cline moved that the communication be received and filed. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 347-06 A RESOLUTION AUTHORIZING THE EXECUTION OF A COMMUNITY ECONOMIC BETTERMENT ACCOUNT LOAN AGREEMENT FOR SEVENTY FIVE THOUSAND DOLLARS ($75,000) WITH KUNKEL BOUNDS & ASSOCIATES, INC. Whereas, the Community Economic Betlerment Account (CEBA) program has been created by the Iowa Department of Economic Development to assist in the economic development efforts of local jurisdictions; and Whereas, in March 2006, the City of Dubuque, Iowa was awarded a seventy five thousand dollar ($75,000) loaniforgivable loan from the CEBA program by the Iowa Department of Economic Development; and Whereas, the City of Dubuque, Iowa desires to assist Kunkel Bounds & Associates, Inc. in its efforts to locate its operations in Dubuque and create new, permanent employment opportunities for local citizens; and Whereas, a CEBA Loan Agreement, hereto attached and by this reference made a part hereof, is to be executed between the Iowa Regular Session, August 7,2006 Department of Economic Development, Kunkel Bounds & Associates, Inc. and the City of Dubuque, iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor and Corporation Counsel be and they are hereby authorized and directed to endorse, on behalf of the City Council of the City of Dubuque, iowa, the attached CEBA Loan Agreement. Section 2. That the City Manager be and he is hereby authorized to disburse loan funds to Kunkel Bounds & Associates, Inc. from the CEBA program in accordance with the temns and conditions of the executed Agreement. Passed, approved and adopted this 7th day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Jones. Motion carried 7-0. Purchase of Property - 1731 Elm Street: City Manager recommending approval of the purchase of property located at 1731 Elm Street to be used for construction of additional parking at the new Community Health Center, presented and read. Cline moved that the communication be received and filed. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 348-06 A RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE LOCATED AT 1731 ELM STREET, IN THE CITY OF DUBUQUE WHEREAS, the City of Dubuque intends to acquire certain properties to provide for additional parking for the Community Health Center Project; 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 legally described property: The Northerly half of Lot 158 in East Dubuque Addition in the City of Dubuque, Iowa according to the recorded Plat thereof in Dubuque County, iowa At the cost of Forty thousand dollars ($40 000). 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. 327 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 Resoiution to the Dubuque County Assessor and the Dubuque County Auditor. Passed, approved and adopted this 7'h day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Jones. Motion carried 7-0. Unified Development Code (UDC) Consultant Contract: City Manager recommending approval of the contract with JEO Consulting Group, Inc., the consultant selected for the preparation of a Unified Development Code for the Crty of Dubuque, in the amount of $119,850, presented and read. Braig moved that the communication be received and filed and recommendation approved. Seconded by Connors. Motion carried 7-0. Comprehensive Plan Update: Long Range Planning Advisory Commission submitting the July 2006 Report on the Comprehensive Plan Update process, presented and read. Cline moved that the communication be received and filed. Seconded by Jones. Motion carried 7-0. City Development Board: Communication from Steven R. McCann, City Development Board Administrator, advising that the Board will consider the City of Dubuque's voluntary annexation request for property owned by Motor City LLC, John and Sally Jo Herrig, and Dean and Patricia Butler at the August 9, 2006 City Development Board meeting, presented and read. Cline moved that the communication be received and filed. Seconded by Jones. Motion carried 7-0. Prosperity Eastern Iowa Marketing Efforts: City Manager recommending approval of a contract with ECIA to assist in funding a collaborative marketing effort by Prosperity Eastern Iowa to promote economic development opportunities, presented and read. Braig moved that the communication be received and filed and approved recommendation. Seconded by Jones. Motion carried 6-0 with Lynch abstaining. Transportation Planner - ECIA Agreement: City Manager recommending approval of a contract with ECIA to assist in funding a part- time transportation planner to primarily provide traffic and transportation planning for the City of Dubuque Engineering Department and Planning 328 Regular Session, August 7, 2006 Services Department, presented and read. Cline moved that the communication be received and filed and approved recommendation. Seconded by Jones. Motion carried 7-0. Subdivision of Lot Conlon Johnson Development LLC: City Manager recommending approval to subdivide Parcel F adjacent to the Dubuque Technology Park to accommodate the development plans submitted by Conlon Johnson Deveiopment, LLC, presented and read. Cline moved that the communication be received and filed. Seconded by Jones. Motion carried 7-0. RESOLUTION NO, 349-06 RESOLUTION APPROVING PLAT OF SURVEY OF LOT 1 OF F AND LOT 2 OF F IN DUBUQUE TECHNOLOGY PARK, IN THE CITY OF DUBUQUE, IOWA- Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a piat dated July 31, 2006 prepared by Buesing and Associates describing the division of Lot F of Dubuque Technology Park to be known as Lot 1 of F and Lot 2 of F of Dubuque Technology Park 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 July 31, 2006 prepared by Buesing and Associates, relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. The City of Dubuque reserves unto itself a perpetual easement as shown on the plat including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, television cable, fiber optics, and electric lines as may be authorized by the City of Dubuque, Iowa. 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 7th day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 350-06 RESOLUTION APPROVING PLAT OF SURVEY OF DUBUQUE TECHNOLOGY PARK NO.2 IN THE CITY OF DUBUQUE, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated July 31, 2006 prepared by Buesing and Associates describing the division of Lot 2 of F of Dubuque Technology Park to be known as Lot 1 and Lot 2 of Dubuque Technology Park 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: Section 1. That the plat dated July 31, 2006 prepared by Buesing and Associates, relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. The City of Dubuque reserves unto itself a perpetual easement as shown on the piat including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, television cable, fiber optics, and electric lines as may be authorized by the City of Dubuque, Iowa. 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 7th day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Jones. Motion carried 7-0. Subdivision of Lot - First Supply, LLC: City Manager recommending approval to subdivide Lot 3 in the Dubuque Industrial Center West 5th Addition to accommodate First Supply LLC's need for a five acre expansion site, presented and read. Cline moved that the communication be received and filed. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 351-06 RESOLUTION APPROVING PLAT OF SURVEY LOT 1 OF 3 AND LOT 2 OF 3, DUBUQUE INDUSTRIAL CENTER WEST 5TH ADDITION IN THE CITY OF DUBUQUE, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a Piat of Survey, Lot 1 of 3 and Lot 2 of 3, Dubuque Industrial Center West 5th Addition in the City of Regular Session, August 7, 2006 Dubuque, Iowa, dated July 31, 2006, prepared by IIW Engineers and Surveyors, P.C., describing the property to be subdivided, a copy of which is attached hereto (the Plat); and Whereas, the 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. The Plat is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to execute the Piat for and on behalf of the City of Dubuque, Iowa. Section 2. The City Clerk is hereby authorized and directed to file the Plat and a certified copy of this resolution in the office of the Recorder, in and for Dubuque County, Iowa. Passed, approved and adopted this 7th day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Jones. Motion carried 7-0. Quarterly Investment Report: City Manager submitting the Finance Department Quarterly Investment Report for the period of April 1 through June 30, 2006, presented and read. Cline moved that the communication be received and filed. Seconded by Jones. Motion carried 7-0. Installation of Street Lights - 1105 Locust Street: Historic Preservation Commission recommending approval of the installation of restored antique street lights in the City right-of- way abutting 1105 Locust Street as requested by Dave Stuart, presented and read. Cline moved that the communication be received and filed and recommendation approved. Seconded by Jones. Motion carried 7-0. Fire Training Facility - Connection Charge: City Manager recommending approval of the payment of the $4,659.70 sanitary sewer connection fee for the Dubuque County Emergency Responder Training Center, presented and read. Cline moved that the communication be received and filed. Seconded by Jones. Motion carried 7-0. State of Iowa Press Release: Press release issued by the State of Iowa recognizing the City of Dubuque Housing Department for their efforts to develop or preserve independent living units to ensure people with disability have access to housing in our community, presented and read. Michalski moved that the communication be received and filed and commended the Housing Service Department. Seconded by Connors. Motion carried 7-0. 329 Improvement Contracts I Performance, Payment and Maintenance Bonds: Grand River Center Fountain Sign Rehabilitation Project and Five Flags Arena Fall Protection Project, presented and read. Cline moved that the communication be received and filed. Seconded by Jones. Motion carried 7-0. Business Licenses: RESOLUTION NO. 352-06 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. 2 RENEWALS 5-Point Mart Kristina Husemann 405 Rhornbefg Econofoods Nash Finch Company 3355 JFK Circle Passed, approved and adopted this 7th day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 353-06 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. SPECIAL CLASS "CO LIQUOR LICENSE Chao Chao Charlies Pizza Chao Chao Charlies+ (Sunday Sales) 1895 JFK Rd Bell Tower Productions Bell Tower Productions 2785 Asbury Rd L & L Investment Co, LLC Players Sports Bar 1902 Central Ave Passed, approved and adopted this 7th day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Jones. Motion carried 7-0. ITEMS TO BE SET FOR PUBLIC HEARING Regular Session, August 7, 2006 330 Conlon Johnson Development LLC Development Agreement: City Manager recommending that a public hearing be set for August 21, 2006 to consider approval of a Development Agreement and the sale of 4.694 acres of land in Dubuque Technology Park to Conlon Johnson Development LLC for construction of a 22,000 square foot office building, presented and read. Lynch moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 354-06 INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE AND FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA ON THE PROPOSED ISSUANCE OF URBAN RENEWAL TAX INCREMENT REVENUE OBLIGATIONS AND THE EXECUTION OF A DEVELOPMENT AGREEMENT RELATING THERETO WITH CONLON JOHNSON DEVELOPMENT LLC, AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, the City of Dubuque, Iowa (City) is the owner of the following real property (the Property); Lot 4 Block 1 Dubuque Technology Park in the City of Dubuque, Iowa, according to the recorded plat thereof and Lot 1 of Dubuque Technology Park NO.2 And Whereas, City and Conlon Johnson Development LLC have entered into a Development Agreement, subject to the approval of the City Council, a copy of which is now on fiie at the Office of the City Clerk, City Hall, 13th and Central Avenue, Dubuque, Iowa, pursuant to which City will convey the Property to Conlon Johnson Development LLC; and Whereas, the City Council has tentatively determined that it would be in the best interests of the City to approve the Development Agreement, including the conveyance of the Property to Conlon Johnson Development LLC; and Whereas, it is deemed necessary and advisable that City should authorize Urban Renewal Tax Increment Revenue obligations, as provided by Chapter 403 of the Code of Iowa, and to enter into the Development Agreement relating thereto for the purpose of carrying out an Urban Renewal Plan as hereinafter described; and Whereas, before said obligations may be approved, Chapter 403 of the Code of Iowa requires that the City Clerk publish a notice of the proposal and of the time and place of the meeting at which the City Council proposes to take action thereon and at which meeting the City Council shall receive oral and/or written objections from any resident or property owner of said City to such proposed action. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque intends to dispose of its interest in the foregoing-described Property by Deed to Conlon Johnson Development LLC. Section 2. The City Clerk is hereby authorized and directed to cause this Resolution and a notice to be published as prescribed by Iowa Code Section 364.7 of a publiC hearing on the City's intent to dispose of the foregoing- described Property, to be held on the 21st day of August, 2006, at 6:30 o'clock p.m. in the Auditorium of the Carnegie-Stout Public Library in Dubuque, Iowa, 11th & Locust, Dubuque, Iowa. Section 3. The City Council will also meet at said time and place for the purpose of taking action on the matter of authorizing Urban Renewal Tax Increment Revenue obligations and the execution of the Development Agreement relating thereto with Conlon Johnson Development LLC, the proceeds of which obligations will be used to carry out certain of the special financing activities described in the Urban Renewal Plan for the Dubuque Industrial Center South Economic Development District, consisting of the funding of economic developments grants to Conlon Johnson Development LLC pursuant to the Development Agreement under the terms and conditions of said Urban Renewal Plan. It is expected that the aggregate amount of the Tax Increment Revenue obligations will be approximately $775,000. Section 4. The Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four days nor more than twenty days before the date of said meeting on the issuance of said obligations. Section 5. That the notice of the proposed action to issue said obligations shall be in substantially the form attached hereto. Passed, approved and adopted this 7th day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Lynch moved adoption of the Resolution and set pUblic hearing for 8/21/06 at a meeting to commence at 6:30 P.M. in the public library auditorium and direct the City Clerk to publish Regular Session, August 7,2006 notice in the manner prescribed by law. Seconded by Connors. Motion carried 7-0. US 20 (Devon Drive to Menards) Capacity Improvements Project: City Manager recommending initiation of the public bidding process for the US 20 (Devon Drive to Menards) Capacity Improvements Project and that a public hearing be set for September 5, 2006, presented and read. Lynch moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 355-06 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 US 20 (Devon Drive to Menards) Capacity Improvements Project - Phase I, Traffic Signal and intelligent Transportation System Improvements (STP-A-020-9(186)-22-31) in the estimated amount $190,035.89 are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 7'h day of August, 2006. Roy D. Buoi, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Lynch moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 356-06 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 piaced same on file in the office of the City Clerk for public inspection of the US 20 (Devon Drive to Menards) Capacity Improvements Project - Phase I, Traffic Signal and Intelligent Transportation System Improvements (STP-A-020-9(186)-22-31). NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a public hearing will be held on the 51h day of September, 2006, 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 less than four days nor more than twenty days prior 331 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 7'h day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Lynch moved adoption of the Resolution and set public hearing for 9/5/06 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. Loras Boulevard Traffic Signalization Replacement Project: City Manager recommending initiation of the public bidding process for the Loras Boulevard Traffic Signalization Replacement Project and that a public heating be set for September 5, 2006, presented and read. Lynch moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 357-06 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 Loras Boulevard Traffic Signalization Replacement Project in the estimated amount of $361,410.50 are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, approved and adopted this 7'h day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Lynch moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 358-06 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 Loras Boulevard Traffic Signalization Replacement 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 51h day of September, 2006, at 6:30 p.m. in the Public Library Auditorium at which time interested persons may appear and be heard for 332 Regular Session, August 7, 2006 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, approved and adopted this 7'" day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Lynch moved adoption of the Resolution and set public hearing for 9/5/06 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 taw. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 359-06 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Loras Boulevard Traffic Signalization Replacement 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 24th day of August, 2006. 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 5th day of September, 2006. Passed, approved and adopted this 7'" day of August, 2006. Roy D. Buoi, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Lynch moved adoption of the Resoiution. Seconded by Connors. Motion carried 7-0. Expansion of First Supply LLC: City Manager recommending that a public hearing be set for August 21, 2006 to consider selling five acres of land in Dubuque industrial Center West to First Supply LLC to construct a 30,000 square foot distribution warehouse, presented and read. Lynch moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 360-06 INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE, SETTING A TIME AND PLACE FOR HEARING ON A DEVELOPMENT AGREEMENT RELATING THERETO WITH FIRST SUPPLY LLC AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, the City of Dubuque, Iowa (City) is the owner of the following real property (the Property): Lot 1 of 3 of Dubuque Industrial Center West 5th Addition in the City of Dubuque, Iowa; and Whereas, City and First Supply LLC have entered into a Development Agreement, subject to the approval of the City Council, a copy of which is now on file at the Office of the City Clerk, City Hall, 13th and Central Avenue, Dubuque, Iowa, pursuant to which City will convey the Property to First Supply LLC; and Whereas, the City Council has tentatively determined that it wouid be in the best interests of the City to approve the Development Agreement, including the conveyance of the property to First Supply LLC; and Whereas, before said obligations may be approved, Chapter 403 of the Code of Iowa requires that the City Clerk publish a notice of the proposal and of the time and place of the meeting at which the City Council proposes to take action thereon and at which meeting the City Council shall receive oral and/or written objections from any resident or property owner of said Cily to such proposed action. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque intends to dispose of its interest in the foregoing-described Property by Deed to First Supply LLC pursuant to the Development Agreement. Section 2. The City Clerk is hereby authorized and directed to cause this Resolution and a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City's intent to approve the Development Agreement and dispose of the foregoing- described Property, to be held on the 21st day of August, 2006, at 6:30 o'clock p.m. in the Auditorium of the Carnegie-Stout Public Library in Dubuque, Iowa, 11th & Locust, Dubuque, Iowa. Section 3. The Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a newspaper, printed Regular Session, August 7, 2006 wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four days nor more than twenty days before the date of said meeting on the issuance of said obligations. Section 4. That the notice of the proposed action shall be in substantially the fonm attached hereto. Passed, approved and adopted this 7th day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Lynch moved adoption of the Resolution and set public hearing for 8/21/06 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. BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Boards/Commissions: Environmental Stewardship Advisory Commission (One 1-year youth term - tenm of Miller) Applicant: Claire Miller No one spoke. Housing Advisory Trust Fund Committee (One 3-year at-large term through 8/17/09 - term of Hingtgen) Applicant: Doris M. Hingtgen No one spoke. Housing Commission (Three 3-year at-large terms through 8/17/09 - tenms of Culbertson, Holz and Grant and one 3-year Section 8 term through 8/17/09 - term of Plein) At-Large Applicants: Dorothy A. Culbertson, Jim Holz No one spoke. Section 8 Applicant: John J. Plein Mr. Plein spoke requesting consideration for reappointment: PUBLIC HEARINGS Michalski moved to suspend the rules to allow anyone present to address the Council. Seconded by Cline. Motion carried 7-0. Residential Parking Permit District - Vizaleea / Keymont Street: Proof of publication on notice of hearing to consider a request to form a Residential Parking Permit District in the Vizaieea / Keymont Street area and City Manager recommendin9 approval, presented and read. Connors moved that the proof and communication be received and filed. Seconded by Lynch. Motion carried 7-0. 333 Donald Schumacher, 1762 Vizaleea, objected to the proposed Permit District, stating he should not have to pay for parking in front of his home. Lisa McCarthy stated this is Hempstead High School's problem and they should do something. As it is now, emergency vehicles can not even get through when students park closely on the nearby streets. Robert Cook, 1819 Vizaleea, spoke in support of the Residential Parking Penmit District: Matt Zmudka, 1834 North Court and a student at Hempstead High School, spoke in opposition to the proposed district, stating the homeowners knew they would have parking problems living next to a school and establishing the district wouid push the problem to other streets. Sydney Smith, Hempstead Student Council President, spoke in opposition to the proposed Residential Parking Permit District stating it was unfair to students as it made them walk further. Rose Manders, 1835 Vizaleea, spoke stating that the students are rude and act in retaliation. Howard Haigh, representing a nearby Hillcrest facility, spoke and stressed concems for emergency vehicles accessibility. Dave Olson, 909 Spires Drive, Principal of Hempstead High School, stated that parking has been a long time, multi-faceted issue and the school is trying to address this but with a two year remodeling program there will be less space in the parking lots. Council discussed the ongoing parking issues near Hempstead and the students' need for respect of the neighborhood residents. An Ordinance amending the Code of Ordinances of the City of Dubuque, Iowa by adopting a new Section 32-401 providing for the designation of Vizaleea Drive from Pennsylvania Avenue to Keystone Drive and Keymont Drive from Keyway Drive to its westerly terminus as a Residential Parking Permit District, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 57-06 AMENDING SECTION 32-262(d) OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, PROHIBITING PARKING ON DESIGNATED STREETS OR PORTIONS THEREOF BY ADDING A PORTION OF KEYMONT 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 to Subsection (d) of Section 32-262 the following: Keymont Drive, Both Sides, from Vizaleea Drive to its Westerly Terminus. 334 Regular Session, August 7, 2006 Passed, adopted and approved this 7'" day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald newspaper this 20~ day of September, 2006. Jeanne F. Schneider, City Cierk 11 9/20 Connors 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 Lynch. Motion carried 7-0. Jones moved final consideration and passage of the Ordinance. Seconded by Braig. Motion carried 7-0. Cedar Street and Dog Track Wastewater Pumping Stations Improvement Project: Proof of publication on notice of hearing to consider adoption of the plans and specifications for the Cedar Street and Dog Tract< Wastewater Pumping Stations Improvement Project and City Manager recommending approval and award of the contract to Portzen Construction, in the amount of $1,400,000, with the possibility of a $100,000 deduction in the contract price for an alternative pump selection, presented and read. Michaiski moved that the proof and communication be received and filed. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 361-06 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 5th day of July, 2006, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Cedar Street and Dog Track Lift Station Improvements Project. Whereas, notice of hearing on plans, specifications, form of contract, and estimated cost was pubiished 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 7'" day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Michalski moved adoption of the Resolution. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 362-06 AWARDING CONSTRUCTION CONTRACT FOR THE CEDAR STREET AND DOG TRACK LIFT STATION IMPROVEMENTS PROJECT Whereas, sealed proposals have been submitted by contractors for the Cedar Street and Dog Track Lift Station Improvements Project pursuant to Resolution No. 292-06 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 7th day of July, 2006. Whereas, said sealed proposals were opened and read on the 28th day of July, 2006, and it has been determined that the bid of Portzen Construction Inc. of Dubuque, Iowa, in the amount of $ 1,400,000.00 was the iowest bid for the fumishings of all labor and materials and performing the work as provided for 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 improvements be awarded to Portzen Construction Inc. 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 retum the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 7th day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Michalski moved adoption of the Resolution. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 363-06 APPROVING CONSTRUCTION CONTRACT WITH PORTZEN CONSTRUCTION INC. FOR THE CEDAR STREET AND DOG TRACK LIFT STATION IMPROVEMENTS PROJECT Whereas, the City Council by Resolution No. 290-06 awarded the construction contract for the Cedar Street and Dog Track Lift Station Improvements Project to Portzen Construction Inc.; and Whereas, Portzen Construction Inc. 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 7th day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Regular Session, August 7, 2006 Michalski moved adoption of the Resolution. Seconded by Braig. Motion carried 7-0. National Mississippi River Museum and Aquarium Expansion Project I Former Adams Company Building Re-Roof and Structural Repairs Project: Proof of publication on notice of hearing to consider adoption of the plans and specifications for the National Mississippi River Museum and Aquarium Expansion Project I Former Adams Company Building Re-Roof and Structural Repairs Project and City Manager recommending approval and award of the contract to Tricon General Construction, presented and read. Connors moved that the proof and communication be received and filed. Seconded by Michalski. Motion carried 7-0. RESOLUTION NO. 364-06 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 7th day of July, 2006, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the National Mississippi River Museum and Aquarium Expansion Project - Former Adams Company Building Re-Roof and Structural Repairs 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 pians, specifications, form of contract and estimated cost for said improvements for said project. Passed, adopted and approved this 7'" day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Connors moved adoption of the Resolution. Seconded by Michalski. Motion carried 7-0. RESOLUTION NO. 365-06 AWARDING CONSTRUCTION CONTRACT FOR THE NATIONAL MISSISSIPPI RIVER MUSEUM AND AQUARIUM EXPANSION PROJECT - FORMER ADAMS COMPANY BUILDING RE-ROOF AND STRUCTURAL REPAIRS EDA PROJECT NO. 05-01-03816 Whereas, sealed proposals have been submitted by contractors for the National Mississippi River Museum and Aquarium Expansion Project -- Former Adams Company Building Re-roof and Structural Repairs EDA Project No. 05-01-03816 pursuant to Resolution No. 295-06 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 7th day of July, 2006. Whereas, said 335 sealed proposals were opened and read on the 27th day of July, 2006, and it has been determined that the bid of Tricon General Construction, Inc. of Dubuque, Iowa, in the amount of $411,220.00 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 Tricon General Construction, Inc. 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 7th day of August, 2006. Roy D. Buol. Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Connors moved adoption of the Resolution. Seconded by Michalski. Motion carried 7-0. RESOLUTION NO. 366-06 APPROVING CONSTRUCTION CONTRACT WITH TRICON GENERAL CONSTRUCTION, INC. FOR THE NATIONAL MISSISSIPPI RIVER MUSEUM AND AQUARIUM EXPANSION PROJECT -- FORMER ADAMS COMPANY BUILDING RE-ROOF AND STRUCTURAL REPAIRS EDA PROJECT NO. 05-01-0381 Whereas the City Council by Resolution No. 365-06 awarded the construction contract for the National Mississippi River Museum and Aquarium Expansion Project -- Former Adams Company Buiiding Re-roof and Structural Repairs to Tricon General Construction, Inc.; and Whereas Tricon General Construction, Inc. 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 7'" day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Cierk 336 Regular Session, August 7, 2006 Connors moved adoption of the Resolution. Seconded by Michalski. Motion carried 7-0. Connors moved that the rules be reinstated limiting discussion to the Councii. Seconded by Braig. Motion carried 7-0. ACTION ITEMS Sidewalk instaliation Delay Request: City Manager recommending that the request of Mr. and Mrs. Michael Lombardi, 948 Spires Drive, and Mr. and Mrs. Richard Soens, 978 Spires Drive, to delay the instaliation of new public sidewalk ion the Knight Court side of their property be approved and that the City's sidewalk policy be amended, presented and read. Michalski moved that the communications be received and filed and approved recommendation and directed a policy amendment 10 reflect this change. Seconded by Conno,,;. Motion carried 7-0. Liquor License - Gin Rickey's: City Manager recommending that the liquor license for Gin Rickey's be approved for a period of six months, presented and read. Conno,,; moved that the communication be received and filed. Seconded by Jones. Motion carried 5-2 with Braig and Jones voting Nay. Michalski spoke of concems with the amount of Police calis to this business. Van Milligen stressed that the Police wili monitor closely. RESOLUTION NO. 367-06 Whereas, an application for a Liquor License has been submitted to this Council for approval and the same has been examined and approved; and Whereas, the premises to be occupied by such applicant was inspected and found to comply with the State Laws and ali 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 foliowing named applicant a Liquor License. CLASS 'C" LIQUOR LICENSE HE-FR LId Gin Rickey's 1447 Central Avenue Passed, approved and adopted this 7th day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Connors moved adoption of the Resolution. Seconded by Jones. Motion carried 5-2 with Braig and Jones voting Nay. Dubuque Screw Products, Inc.: City Manager submitting a request from Dubuque Screw Products, Inc. to assign the Purchase Agreement, but not the Development Agreement, approved by the City Council on June 19, 2006 to Beck Construction, Inc., presented and read. Cline moved that the communication be received and filed and approved request and the City Attomey authorized to finalize the non-material changes. Seconded by Conno,,;. Motion carried 7-0. Fiscai Year 2007 Dubuque County REAP Plan: City Manager recommending approval of the City of Dubuque's update of the FY 2007 Dubuque County REAP Plan, submittal of the FY 2007 REAP grant application of $200,000 for the Troliey Line Trail at Eagle Point Park and appointment of a City Council representative (currently Council Member Joyce Conno,,;) to the REAP Committee, presented and read. Michalski moved that the communication be received and filed and approved recom- mendation and reappointment of Joyce Connors. Seconded by Cline. Motion carried 7- O. RESOLUTION NO. 368.06 RESOLUTION AUTHORIZING A REAP GRANT APPLICATION TO THE IOWA DEPARTMENT OF NATURAL RESOURCES FOR TROLLEY LINE TRAIL Whereas, the City of Dubuque has identified the Troliey Line Trail as an important recreational facility to be developed as part of the City's commitment to a citywide bikelhike network adopted by the City of Dubuque in 1995;and Whereas, the Iowa Department of Natural Resources has aliocated grant funds in the REAP (Resource Enhancement and Protection) Program for the development of bike/hike trails; and Whereas, the C~y of Dubuque has adopted a Comprehensive Plan that includes goals for development of bike/hike trails. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Mayor hereby is authorized to sign and the Planning Services Manager is hereby authorized to submit an application to the Iowa Department of Natural Resources for REAP funds for the Troliey Line Trail. Section 2. That in the event said application is approved, the City Council hereby provides its written assurance that the completed project will be adequately maintained for ~s intended use in accordance with state requirements. Passed, approved and adopted this 7th day of August, 2006. Roy D. Buol, Mayor Regular Session, August 7, 2006 Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. iowa League of Cities' Legislative Issues Survey: City Manager recommending approval of the City's response to the Iowa League of Cities' Legislative Issues Survey, presented and read. Cline moved that the communication be received and filed and approved response. Seconded by Connors. Motion carried 7-0. COUNCIL MEMBER REPORTS Ann Michalski stated that an article in the New York Times sounded amazingly like Dubuque. Roy D. Suol stated that the people at the Kiwanis Convention were impressed with Dubuque. Ric Jones stated there were 600+ people at the Kiwanis Convention who were very impressed with Dubuque and want to come back again next year. At 8:37 P.M. Cline moved to go into Ciosed Session: re: Pending Litigation and Property Acquisition - Chapter 21.5(1)(c)Q) 2005 Code of Iowa. Seconded by Connors. Motion carried 7- O. At 9:01 P.M. Council reconvened stating that Staff had been given proper direction. There being no further business, Cline moved to adjourn. Seconded by Connors. Motion carried 7-0. The meeting adjourned at 9:02 P.M. /s/ Jeanne F. Schneider, CMC City Clerk 1t8/16 337 2006 2006 Mayor IJJ~/ 338 Special Session, August 21, 2006 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, August 21, 2006 Council met in Special Session at 6:00 P.M. in the Library Auditorium Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski, City Manager Van Milligen, City Attomey Lindahl Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of meeting with the Human Rights Commission to receive an update on ADA Accessibility. Jim Jarrard, Chair of the Human Rights Commission and Judy Giesen, Chair of the Human Rights ADA Subcommittee, reported on ADA accessibility in Dubuque. Giesen stressed the importance of the Americans with Disabilities Act law, the difficulty of a volunteer group to get the job done, and stated that a staff person should be assigned to address this issue. She also requested consideration of hanging "Proudly Accessible" banners in Dubuque. Council discussed the importance of this project, the responsibility of the Commission, and the possibility of available tax credits and other incentives to promote accessibility issues. There being no further business, Michalski moved to adjoum. Seconded by Cline. Motion carried 7-0. The meeting adjourned at 6:29 P.M. Isl Jeanne F. Schneider, CMC City Clerk 1t8/30 Approved' ~b 0/- ,!/' J,L-f 2006 2006 ~ Regular Session, August 21, 2006 339 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, August 21, 2006 Council met in Regular Session at 6:00 P.M. in the Library Auditorium Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski, City Manager Van Milligen, City Attomey Lindahl Mayor Buol 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 Deacon Dave McGhee of Nativity Catholic Chunch. CONSENT ITEMS Minutes and Reports Submitted: Cable Teleprogramming Commission of 6/6; City Council of 8rr; Civil Service of 6/2 6/6 and 6/30' Historic Preservation Commission of 7/20: Housing Code Appeals Board of 3/2; librarY Board of Trustees of 4/27, 6/22 and 7rr; Zoning Advisory Commission of 8/2, presented and read. Cline moved that the minutes be received and filed. Seconded by Connors. Motion carried 7-0. Proofs of publication of City Council Proceedings of July 17, 2006 and List of Claims and Summary of Revenues for month ending June 30, 2006, presented and read. Cline moved that the proofs be received and filed. Seconded by Connors. Motion carried 7-0. Notice of Claims/Suits: Louise Ehlinger for personal injury, presented and read. Cline moved that the claim/suit be received and filed and referred to the City Attorney for investigation/report. Seconded by Connors. Motion carried 7-0. City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Louise Ehiinger for personal. injury; Milton Ernst for property damage; Emily Freiberger for property damage, presented and read. Cline moved that the communications be received and filed and concurred. Seconded by Connors. Motion carried 7-0. Request to Purchase: Communication from John Gronen requesting to purchase a portion of a City-owned alley abutting his property at 1798 Washington Street, presented and read. Cline moved that the communication be received and filed and referred to the City Manager. Seconded by Connors. Motion carried 7-0. Green Dubuque: Communication from Jake Werner, 640 Lorimer, regarding the desire for a green Dubuque and a sustainable future for the City, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. Residential Parking Permit District: Communication from Dorothy and Lisa McCarthy, 1797 Vizaleea Drive, in appreciation of the City Council's support for the Residential Parking Permit District, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. Certificate of Completion - Marke, LLC (Vessel Systems): City Manager recommending approval of the issuance of a Certificate of Completion to Marke, LLC (Vessel Systems) in the Dubuque industrial Center West acknowledging completion of their obligations to construct Minimum Improvements, presented and read. Cline moved that the communication be received and filed and approved recommendation. Seconded by Connors. Motion carried 7-0. PEG Access Capital Grant Expenditure: City Manager recommending approval of a $5,000 grant from the Capital Grant for Access Equipment and Facilities Fund to Wahlert High School/Holy Family Schools for a new digital camcorder and $5,070 to Mediacom's Public Access Studio for a camcorder shoulder brace and wireless intercom system, presented and read. Cline moved that the communication be received and filed and approved recommendation. Seconded by Connors. Motion carried 7-0. Legislative Correspondence: Communication to Senator Charles Grassley, Senator Tom Harkin and Congressman Jim Nussle regarding the RIGHT Act, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. Asbury Road Widening: City Manager recommending approval of the acquisition plats and acceptance of the proposed right-of-way from the Church of the Resurrection, QHQ Properties, MP Partners and Sam's Real Estate Business Trust, presented and read. 340 Regular Session, August 21, 2006 Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 369-06 A RESOLUTION APPROVING THE ACQUISITION PLAT OF A PART OF LOT 1 OF DR. Q'S PLACE IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA AND ACCEPTING THE DEDICATION OF RIGHT-OF-WAY FOR ASBURY ROAD Whereas, the City 01 Dubuque entered into a Development Agreement with QHQ Properties pursuant to which they agreed to survey, plat, and dedicate right-ol-way along the north side 01 Asbury Road to the City 01 Dubuque; and Whereas, there has been presented to the City Council 01 the City 01 Dubuque, Iowa, an Acquisition Plat 01 a part 01 Lot 1 01 Dr. Q's Place in the City 01 Dubuque, Iowa, dated April 24, 2006, prepared by Buesing & Associates; and Whereas, upon said plat 01 Lot A 01 Dr. Q's Place in the City 01 Dubuque, Dubuque County, iowa, appears right-ol-way and pUblic utility easements, which the owner, by said Acquisition Plat, has dedicated to the public forever; and Whereas, the Acquisition Plat conforms to the laws and statues pertaining thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Lot A of Dr. Q's Place in the City of Dubuque, Dubuque County, Iowa, for right-of-way and public utilities as they appear upon said Acquisition Plat, be and the same are hereby accepted. Section 2. That the Acquisition Plat is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to execute the Plat for and on behalf of the City of Dubuque, Iowa. Section 3. That the City Clerk is hereby authorized and directed to file the Acquisition Plat and a certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 21" day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resoiution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 370-06 A RESOLUTION APPROVING THE ACQUISITION PLAT OF A PART OF LOT 1 OF AAP PLACE IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA AND ACCEPTING THE DEDICATION OF RIGHT-OF-WAY FOR ASBURY ROAD Whereas, the City of Dubuque entered into a Development Agreement with AAP Partners pursuant to which they agreed to survey, plat, and dedicate right-of-way along the north side of Asbury Road to the City of Dubuque; and Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, an Acquisition Plat of a part of Lot 1 01 AAP Place in the City of Dubuque, Iowa, dated April 24, 2006, prepared by Buesing & Associates; and Whereas, upon said plat of Lot A of AAP Place in the City of Dubuque, Dubuque County, Iowa, appears right-of-way and public utility easements, which the owner, by said Acquisition Plat, has dedicated to the pUblic forever; and Whereas, the Acquisition Plat conforms to the laws and statues pertaining thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Lot A of AAP Place in the City of Dubuque, Dubuque County, Iowa, for right-of-way and public utilities as they appear upon said Acquisition Plat, be and the same are hereby accepted. Section 2. That the Acquisition Plat is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to execute the Plat for and on behalf of the City of Dubuque, Iowa. Section 3. That the City Clerk is hereby authorized and directed to file the Acquisition Plat and a certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 21" day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 371-06 A RESOLUTION APPROVING THE ACQUISITION PLAT OF A PART OF LOT 2 OF SAM'S PLACE IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA AND ACCEPTING THE DEDICATION OF RIGHT-OF-WAY FOR ASBURY ROAD Whereas, the City of Dubuque entered into a Development Agreement with Sam's Real Estate Business Trust pursuant to which they agreed to survey, plat, and dedicate right-of-way along the north side of Asbury Road to the City of Dubuque; and Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, an Acquisition Plat of a part of Lot 2 of Sam's Place in the City of Dubuque, Iowa, dated June 28, 2006, prepared by Buesing & Associates; and Whereas, upon said plat of Lot A of Sam's Place in the City of Dubuque, Dubuque County, Regular Session, August 21, 2006 Iowa, appears right-of-way and public utility easements, which the owner, by said Acquisition Plat, has dedicated to the publiC forever; and Whereas, the Acquisition Plat conforms to the laws and statues pertaining thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Section 1. That the dedication of Lot A of Sam's Place in the City of Dubuque, Dubuque County, Iowa, for right-of-way and publiC utilities as they appear upon said Acquisition Plat, be and the same are hereby accepted. Section 2. That the Acquisition Plat is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to execute the Plat for and on behalf of the City of Dubuque, Iowa. Section 3. That the City Clerk is hereby authorized and directed to file the Acquisition Plat and a certified copy of this resolution in the ofIice of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 21" day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 372-06 A RESOLUTION APPROVING THE ACQUISITION PLAT OF A PART OF LOT 1 OF SAM'S PLACE IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA AND ACCEPTING THE DEDICATION OF RIGHT-OF-WAY FOR ASBURY ROAD Whereas, the City of Dubuque entered into a Development Agreement with QHQ Properties pursuant to which they agreed to survey, plat, and dedicate right-of-way along the north side of Asbury Road to the City of Dubuque; and Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, an Acquisition Plat of a part of Lot 1 of Sam's Place In the City of Dubuque, Iowa, dated Aprii 24, 2006, prepared by Buesing & Associates; and Whereas, upon said plat of Lot B of Sam's Place in the City of Dubuque, Dubuque County, iowa, appears right-of-way and public utility easements, which the owner, by said Acquisition Plat, has dedicated to the public forever; and Whereas, the Acquisition Plat conforms to the laws and statues pertaining thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Section 1. That the dedication of Lot B of Sam's Place in the City of DUbuque, Dubuque County, Iowa, for right-of-way and public utilities as they appear upon said Acquisition Plat, be and the same are hereby accepted. 341 Section 2. That the Acquisition Plat is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to execute the Plat for and on behalf of the City of Dubuque, Iowa. Section 3. That the City Clerk is hereby authorized and directed to file the Acquisition Plat and a certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 21" day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Cierk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 373-06 A RESOLUTION APPROVING THE ACQUISITION PLAT OF A PART OF LOT 1 OF CHURCH PLACE NO. 2 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA AND ACCEPTING THE DEDICATION OF RIGHT- OF-WAY FOR ASBURY ROAD Whereas, the City of DUbuque entered into a Development Agreement with the Church of the Resurrection, Inc. pursuant to which they agreed to survey, piat, and dedicate right-of-way along the north side of Asbury Road to the City of Dubuque; and Whereas, there has been presented to the City Council of the City of Dubuque, iowa, an Acquisition Plat of a part of Lot 1 of Church Place No.2 in the City of Dubuque, iowa, dated April 24, 2006, prepared by Buesing & Associates; and Whereas, upon said plat of Lot A of Church Place No.2 in the City of Dubuque, Dubuque County, Iowa, appears right-of-way and public utility easements, which the owner, by said Acquisition Plat, has dedicated to the public forever; and Whereas, the Acquisition Plat conforms to the laws and statues pertaining thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Lot A of Church Place No. 2 in the City of Dubuque, Dubuque County, Iowa, for right-of-way and public utilities as they appear upon said Acquisition Plat, be and the same are hereby accepted. Section 2. That the Acquisition Plat is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to execute the Plat for and on behalf of the City of Dubuque, Iowa. Section 3. That the City Clerk is hereby authorized and directed to file the Acquisition Plat and a certified copy of this resolution in the 342 Regular Session, August 21, 2006 office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 21" day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Dubuque Main Street, Ltd.: City Manager recommending approval of an agreement between the Iowa Department of Economic Development, the City of Dubuque, and Dubuque Main Street, Ltd., for the purpose of continuing the Main Street Program in Dubuque, presented and read. Michalski moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 374-06 RESOLUTION Of SUPPORT AND fiNANCIAL COMMITMENT fOR THE MAIN STREET PROGRAM IN DUBUQUE Whereas, an Agreement between the Iowa Department of Economic Development, Dubuque Main Street, Ltd. and the City of Dubuque for the purpose of continuing the Main Street Iowa program in DUbuque; and Whereas, this Agreement is pursuant to contractual agreements between the National Trust for Historic Preservation and the Iowa Department of Economic Development to assist in the revitalization of the designated Main Street project area of Dubuque Iowa; and Whereas, the City Council of Dubuque endorses the goal of economic revitalization of the Downtown within the context of preservation and rehabilitation of its historic buildings and supports the continuation of the Main Street Four Point Approach as developed by the National Trust for Historic Preservation and espoused by Main Street Iowa. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Dubuque, iowa, meeting in regular session on August 21, 2006, that the City of Dubuque hereby agrees to support both financially and philosophically the work of Dubuque Main Street, Ltd. and designates the Main Street Board to supervise the Program Director. Passed, approved and adopted this 21 st day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Michalski moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Collective Bargaining Agreement: City Manager recommending approval of a collective bargaining agreement between the City of Dubuque and the Teamsters Local Union No. 421, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 375-06 APPROVING THE AGREEMENT BETWEEN THE CITY Of DUBUQUE, IOWA, AND THE TEAMSTERS LOCAL UNION NO. 421 AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT Whereas, the Sixty-Fifth General Assembly adopted the Public Empioyment Relations Act, Chapter 20, Code of Iowa; and Whereas, the City of Dubuque is a public employer within the meaning of Section 3 (1) of the Public Employment Relations Act; and Whereas, the Teamsters Local Union No. 421 is an employee organization within the meaning of Section 3 (4) of the Public Employment Relations Act; and Whereas, the Teamsters Local Union No. 421, submitted a request to bargain collectively on behalf of the employees within its representation; and Whereas, bargaining between the parties has occurred and an agreement has been concluded. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the terms of the agreement be approved and the Mayor authorized and directed to sign the collective bargaining agreement. Passed, approved and adopted this 21 st day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Carnegie Stout Public Library: Communi- cations in support of the restoration and renovation plans of the Carnegie Stout Public Library, presented and read. Cline moved that the communications be received and filed. Seconded by Connors. Motion carried 7-0. Iowa Department of Transportation: Notification from the Iowa Department of Transportation that a HMA (Hot Mix Asphalt) Joint and Crack Sealing Project on US 20 from Old Highway Road east to the Northwest Arterial will be let on November 21, 2006, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. Improvement Contracts / Performance, Payment and Maintenance Bonds: 2006 Grandview Avenue Concrete Section Repair Project and Northwest Arterial Hike/Bike Trail Phase I Project, presented and read. Cline Regular Session, August 21, 2006 moved that the communications be received and filed. Seconded by Connors. Motion carried 7-0. Business License Refund: Refund of Isabella's at the Ryan House, LLC liquor license in the amount of $168.75, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. Liquor License Transfer: Transfer of the liquor license of the Rotary Ciub of Dubuque from the Grand Opera House to the Port of Dubuque for the Rock and Soul Reunion II, presented and read. Cline moved that the communication be received and filed and approved transfer. Seconded by Connors. Motion carried 7-0. Business Licenses: RESOLUTION NO. 376-06 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 pennit to sell Cigarettes and Cigarette Papers within said City. 2 NEW Clark of Dubuque Shahid Mahmood 700 Rhomberg Ave Gin Rickeys HefeVFrommelt LLC 1447 Central Ave Passed, approved and adopted this 21st day of August, 2005. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO, 377-06 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 pennit to sell Cigarettes and Cigarette Papers within said City. 2 RENEWALS Murph's Southend Tap Pam Murphy 55 Locust St Rick Shannon 521 E. 22nd St Passed, approved and adopted this 21st day of August, 2005. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. \ Shannons Bar 343 RESOLUTION NO. 378-06 Whereas, applications for Beer Pennits 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) Riverfest Special Events Riverfest Special Event+(Sunday/Outdoor Sale) 7th & Main CLASS "C" BEER PERMIT CSC Gas Inc Clark of Dubuque+ (Sunday Sale) 700 Rhomberg Rainbo Oil Company Kwik Slop Food Mart+(Sunday Sale) 2255 Kerper Sid's Beverage Sid's Beverage+ (Sunday Sale) 2727 Dodge St TFM Company Oky Doky # 6+ (Sunday Sale) 1256 Iowa St Passed, approved and adopted this 21st day of August, 2005. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 379-06 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 compiy 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 "CO BEER/LIQUOR LICENSE Haggerty Enterprises, Inc Ten Pin Tap+ (Sunday Sale) 601 Rhomberg Av Chad's Bar LLC Total Chaos+ (Sunday Sale) 1700 Central Av Courts ide, Inc Courtside Sports Bar/Grill+ (Sunday/Outdoor Sale) 2095 Holiday Dr Clarke College Clarke College+ (Sunday/Outdoor Sale) 1550 Clarke Dr Fraternal Order of Eagles Eagle Club (1 Day Outdoor Sale) 1175 Century Dr CLASS "B" WINE 344 Regular Session, August 21, 2006 TFM Co. Oky Doky # 6 1256 Iowa St Sid's Sid's Beverage 2727 Dodge St Passed, approved and adopted this 21 st day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. ITEMS TO BE SET FOR PUBLIC HEARING Loras College - Request to Vacate: City Manager recommending that a public hearing be set for September 5, 2006 to consider a request from Loras College to vacate and purchase a portion of a City-owned alley between West 16th Street and West 17th Street west of Catherine Street, presented and read. Lynch moved that the communication be received and filed. Seconded by Braig. Motion canned 7-0. RESOLUTION NO. 380-06 RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN LOT 44A OF YATES' SUBDIVISION OF OUTLOTS 780 AND 713 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, Loras College has requested the vacating and disposal of the westerly 30 feet of the alley between West 16'" Street and West 17'" Street west of Catherine Street. and Whereas, IIW Engineers & Surveyors, PC has prepared and submitted to the City Council a plat showing the vacated portion of westerly 30 feet of the alley between West 16'" Street and West 17'" Street west of Catherine Street and assigned a lot number thereto, which hereinafter shall be known and described as Lot 44A of Yates' Subdivision of Outlots 780 and 713 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 44A of Yates' Subdivision of Outlots 780 and 713 in the City of Dubuque, Dubuque County, Iowa. Section 2. That the conveyance of Lot 44A of Yates' Subdivision of Outlots 780 and 713 in the City of DUbuque, Dubuque County, Iowa, to Loras College be contingent upon the payment of $1 ,290.00, plus platting, publication, and filing fees. Section 3. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to vacate and dispose of said real estate to be pUblished in the manner as prescribed by law. Passed, approved and adopted this 21" day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider CMC , , City Clerk Lynch moved adoption of the Resolution and set this for pUblic hearing on Tuesday, 9/5/06, 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 Braig. Motion carried 7-0. Vacate Unnamed Road Off of Rosedale Avenue: City Manager recommending that a public hearing be set for September 5, 2006 to consider vacating a portion of an unnamed street off of Rosedale Avenue, presented and read. Lynch moved that the communication be received and filed. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 381-06 RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN AN UNNAMED ROAD SOUTH OF ROSE DALE AVENUE NEAR GLEN OAK STREET TO BE DESCRIBED AS LOTS D, E, F AND G OF ROSE DALE ADDITION NO.2 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, the Engineering Department has requested the vacating and disposal of an unnamed road south of Rosedale Avenue near Glen Oak Street; and Whereas, the Engineering Department has prepared and submitted to the City Council plats showing the vacated portion of an unnamed road south of Rosedale Avenue near Glen Oak Street and assigned lot numbers thereto, which hereinafter shall be known and described as Lots D, E, F and G of Rosedale Addition NO.2 in the City of Dubuque, Dubuque County, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that this unnamed road south of Rosedale Avenue near Glen Oak Street 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 as Lots D, E, F and G of Rosedale Addition No.2 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 D, E, F and G of Rosedale Addition NO.2 in the City of Dubuque, Dubuque County, Iowa. Section 2. That the conveyance of Lot D of Rosedale Addition NO.2 In the City of Dubuque, Dubuque County, Iowa, to Robert C. and Mary Regular Session, August 21, 2006 E. Timmennan be contingent upon the payment of $300.00, plus publication and filing fees. Section 3. That the conveyance of Lot E of Rosedale Addition NO.2 in the City of Dubuque, Dubuque County, Iowa, in the City of Dubuque, Iowa, to Michael J. and Sonya A. Bryson be contingent upon the exchange of properties. Section 4. That the conveyance of Lot F of Rosedale Addition NO.2 in the City of Dubuque, Dubuque County, Iowa, to John B. and Dana M. Priest be contingent upon the payment of $300.00, plus publication and filing fees. Section 5. That the conveyance of Lot G of Rosedale Addition NO.2 in the City of Dubuque, Dubuque County, iowa, to Blum Properties be contingent upon the payment of $1.00, plus publication and filing fees. Section 6. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to vacate and dispose of said real estate to be published in the manner as prescribed by law. Passed, approved and adopted this 21" day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Lynch moved adoption of the Resolution and set this for public hearing on Tuesday, 9/5/06, at a meeting to commence at 6:30 P.M. in the public library audijorium and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Braig. Motion carried 7-0. Fourth Street Extension Vacating: City Manager recommending that a public hearing be set for September 5, 2006 to consider vacating the Fourth Street Extension to reconstruct the street in this area to provide access to the Shot Tower and parking areas adjacent to the brewery, presented and read. Lynch moved that the communication be received and filed. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 382-06 RESOLUTION OF INTENT TO VACATE LOT W IN DUBUQUE HARBOR IMPROVEMENT COMPANY ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, the City of Dubuque Engineering Department has requested the vacating of Fourth Street Extension; and Whereas, WHKS & Co. has prepared and submitted to the City Council a plat showing the vacated Fourth Street Extension, except for reserving the utility easements as noted, and assigned a lot number thereto, which hereinafter shall be known and described as Lot W in Dubuque Harbor Improvement Company Addition in the City of Dubuque, Dubuque County, Iowa, should be approved. 345 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 Lot W in Dubuque Harbor Improvement Company Addition in the City of Dubuque, Dubuque County, Iowa. Section 2. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to vacate of said real estate to be published in the manner as prescribed by law. Passed, approved and adopted this 21" day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Lynch moved adoption of the Resolution and set this for public hearing on Tuesday, 9/5/06, at a meeting to commence at 6:30 P.M. in the public library audijorium and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Braig. Motion carried 7-0. VOluntary Annexation Request: City Manager recommending that a public hearing be set for September 18, 2006 to consider a request from Dubuque Bank and Trust to voluntarily annex property located at 2690 Rockdale Road into the City of Dubuque in conjunction with rezoning to C-3 General Commercial District, presented and read. Lynch moved to receive and file the communication and set public hearing for 9/18/06 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 Braig. Motion carried 7-0. Asbury Road Eastbound Lane Widening Project: City Manager recommending initiation of the publiC bidding process for the Asbury Road Eastbound Lane Widening Project and that a public hearing be set for September 18, 2006, presented and read. Lynch moved that the communication be received and filed. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 383-06 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, fonn of contract and estimated cost for the Asbury Road Eastbound Lane Widening Project, in the estimated amounts of $119,500 for Phase I and $114,000 for Phase II are hereby approved and ordered filed in the office of the City Clerk for publiC inspection. Passed, adopted and approved this 21" day of August, 2006. Roy D. Buol, Mayor 346 Regular Session, August 21, 2006 Attest: Jeanne F. Schneider, CMC, City Clerk Lynch moved adoption of the Resolution. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 384-06 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 Cierk for public inspection of the Asbury Road Eastbound Lane Widening 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 18th day of September, 2006, 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 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 21 ~ day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Lynch moved adoption of the Resolution. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 385-06 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Asbury Road Eastbound Lane Widening 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 12'h day of September, 2006. 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 18'h day of September, 2006. Passed, adopted and approved this 21" day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Lynch moved adoption of the Resolution, Seconded by Braig. Motion carried 7-0. Pyatigorsk Park Parking Lot Project: City Manager recommending initiation of the public bidding process for the Pyatigorsk Park Parking Lot Project and that a public hearing be set for September 18, 2006, presented and read. Lynch moved that the communication be received and filed. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 386-06 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 Pyatigorsk Park Parking Lot Project, in the estimated amount of $45.000, are hereby approved and ordered filed in the office of the City Clerk, for pUblic inspection. Passed, approved and adopted this 21 st day of August, 2006. Roy D. Buol. Mayor Attest: Jeanne F. Schneider, City Clerk Lynch moved adoption of the Resolution. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 387-06 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 Pyatigorsk Park Parking Lot Project, NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, that on the 18th day of September, 2006, 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 less than four days nor more than twenty days prior Regular Session, August 21, 2006 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, approved and adopted this 21 st day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Lynch moved adoption of the Resolution. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 388-06 ORDERING BIDS BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Pyatigorsk Park Parking Lot 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 Cierk 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 7th day of September, 2006. 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 18th day of September, 2006. Passed, approved and adopted this 21st day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Lynch moved adoption of the Resolution. Seconded by Braig. Motion carried 7-0. BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Boards/Commissions: Housing Commission; (Three 3-year at-large terms through 8/17/09 - terms of Culbertson, Holz and Grant) Additional Applicants; Linda Frommelt, Rachel M. Savage Ms. Frommelt and Ms. Savage both spoke requesting consideration for appointment. Appointments to the following Boards / Commissions: Environmental Stewardship Advisory Commission (One 1-year youth term - term of Miller) Applicant: Claire Miller Connors moved that Claire Miller be reappointed to a one 347 year term which will expire 6/1/07. Seconded by Michalski. Motion carried 7-0. Housing Advisory Trust Fund Committee (One 3-year at-large term through 8/17/09 - term of Hingtgen) Applicant: Doris M. Hingtgen Michalski moved that Doris M. Hingtgen be reappointed to a three year term to expire on 8/17/09. Seconded by Lynch. Motion carried 7- O. Housing Commission (Three 3-year at-large terms through 8/17/09 - terms of Culbertson, Holz and Grant and one 3-year Section 8 term through 8/17/09 - term of Plein) At-Large Applicants; Dorothy A. Culbertson, Jim Holz and additional applicants Linda Frommelt and Rachel M. Savage. Vote on the appointments was as follows; Michalski voted for Cuibertson, Holz and Savage. Braig voted for Culbertson, Holz and Savage. Buol voted for Culbertson, Holz and Savage. Cline voted for Culbertson, Holz and Savage. Connors voted for Culbertson, Holz and Frommett. Jones voted fur Culbertson, Holz and Savage. Lynch voted for Culbertson, Frommelt and Savage. Therefore, Dorothy A. Culbertson and Jim Holz were reappointed and Rachel M. Savage was appointed to three year terms on the Housing Commission which will expire 8/17/09. Section 8 Applicant: John J. Plein; Michalski moved that John J. Plein be reappointed to a three year term on the Housing Commission which will expire 8/17/09. 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 Cline. Motion carried 7-0. 4905 Old Highway Road - Request to Rezone; Proof of publication on notice of hearing to consider amending Appendix A (the Zoning Ordinance) by reclassifying property iocated at 4905 Old Highway Road from R-3 Moderate Density Multi-Family Residential District to C-3 General Commercial District as requested by David Bleile and Zoning Advisory Commission recommending approval, presented and read. Michalski moved that the proof and communication be received and filed. Seconded by Jones. Motion carried 7-0. David Bleile spoke in favor of the requested rezoning. An Ordinance Amending Appendix A (the Zoning Ordinance) by reclassifying hereinafter described property located at 4905 Old Highway Road from R-3 Moderate Density Multi-Family Residential District to C-3 General Commercial District, presented and read. 348 Regular Session, August 21, 2006 OFFICIAL PUBLICATION ORDINANCE NO. 58-06 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRI- BED PROPERTY LOCATED AT 4905 OLD HIGHWAY ROAD FROM R-3 MODERATE DENSITY MULTI-FAMILY RESIDENTIAL DISTRICT TO C-3 GENERAL COMMERCIAL 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 hereinafter-described property from R-3 Moderate Density Multi-Family Residential District to C-3 General Commercial District , to wit: Westerty 125" of Lot 2 of 1 of 1 of 1 SW V. SE Yo Section 29, 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 21 st day of August 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 28th day of August, 2006. Jeanne F. Schneider, City Clerk 1t 8/28 Michalski 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 Jones. Motion carried 7-0. Michalski moved final consideration and passage of the Ordinance. Seconded by Braig. Motion carried 7-0. Seippel Court - Request to Rezone: Proof of publication on notice of hearing to consider amending Appendix A (the Zoning Ordinance) by reclassifying property located on Seippel Court from R-2 Two-Family Residential District to CS Commercial Service and Wholesale District as requested by Brian Lammers / Tri- State Development Company and Zoning Advisory Commission recommending approval, presented and read. Connors moved that the proof and communication be received and filed. Seconded by Braig. Motion carried 7-0. Brian Lammers spoke in favor of the requested rezoning. An Ordinance Amending Appendix A (the Zoning Ordinance) by reclassifying hereinafter described property located on Seippel Court from R-2 Two-Family Residential District to CS Commercial Service and Wholesale District, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 59-06 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRI- BED PROPERTY LOCATED AT SEIPPEL COURT FROM R.2 TWO-FAMILY RESIDENTIAL DISTRICT TO CS COMMERCIAL SERVICE AND WHOLESALE 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 hereinafter-described property from R-2 Two-Family Residential District to CS Commercial service and Wholesale District, to wit: North 40.09' of Lot 2 and Lot 3 Seippel Road Commercial Park, Plat 2, 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 21 st day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 28th day of August, 2006. Jeanne F. Schneider, City Clerk 11 8/28 Connors 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 Braig. Motion carried 7-0. Connors moved final consideration and passage of the Ordinance. Seconded by Jones. Motion carried 7-0. Conlon Johnson Development LLC Development Agreement: Proof of publication on notice of hearing to consider approval of a Regular Session, August 21, 2006 Development Agreement providing for the sale of 4.694 acres of land in Dubuque Technology Park to Conlon Johnson Development LLC for construction of a 22,000 square foot office building and City Manager recommending approval, presented and read. Connors moved that the proof and communication be received and filed. Seconded by Cline. Motion carried 7- O. Marty Johnson of Straka Johnson ArcMects spoke in favor of the Development Agreement and sale. RESOLUTION NO. 389.06 RESOLUTION APPROVING A DEVELOP- MENT AGREEMENT PROVIDING FOR THE SALE OF LOT 4 BLOCK 1 DUBUQUE TECHNOLOGY PARK IN THE CITY OF DUBUQUE, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF AND LOT 1 OF DUBUQUE TECHNOLOGY PARK NO. 2 TO CONLON JOHNSON DEVELOPMENT, LLC. Whereas, the City Council, by Resolution No. 354-06, dated August 7, 2006, declared its intent to enter into a Development Agreement with Conlon Johnson Development, LLC for the sale of Lot 4 Block 1 Dubuque Technology Park in the City of Dubuque, Iowa, according to the recorded plat thereof and Lot 1 of Dubuque Technology Park NO.2 (the Property); and Whereas, pursuant to published notice, a publiC hearing was held on the proposed disposition on August 21, 2006 at 6:30 p.m. at the Camegie-Stout Public Library Auditorium, 360 W. 11th Street, Dubuque, Iowa.; and Whereas, it is the determination of the City Council that approval of the Development Agreement for the sale to and development of the Property by Conlon Johnson Development, LLC according to the terms and conditions set out in the Development Agreement is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the attached Development Agreement by and between the City of Dubuque and Conlon Johnson Development, LLC for the sale of the Property is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute the Development Agreement on behalf of the City and City Clerk is authorized and directed to attest to his signature. Section 3. That the Mayor and City Clerk are hereby authorized and directed to execute and deliver a Special Warranty Deed for the Property as provided in the Development Agreement. Section 4. That the City Manager is authorized to take such actions as are necessary to comply with the terms of the Development Agreement as herein approved. 349 Passed, approved and adopted this 21st day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Connors moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. Expansion of First Supply LLC: Proof of publication on notice of hearing to consider approval of a Development Agreement with First Supply LLC and the sale of five acres of land in Dubuque Industrial Center West 5th Addition for construction of a 30,000 square foot distribution warehouse and City Manager recommending approval, presented and read. Connors moved that the proof and communication be received and filed. Seconded by MichalskI. Motion carried 7-0. Dave Prahler, Vice President of First Supply, spoke in favor of the Development Agreement and sale. RESOLUTION NO. 390-06 RESOLUTION APPROVING A DEVELOP. MENT AGREEMENT PROVIDING FOR THE SALE OF LOT 1 OF 3 OF DUBUQUE INDUSTRIAL CENTER WEST 5TH ADDITION IN THE CITY OF DUBUQUE, IOWA, TO FIRST SUPPLY, LLC. Whereas, the Cijy Council, by Resolution No. 360-06, dated August 7, 2006, declared its intent to enter into a Development Agreement with First Supply, LLC for the sale of Lot 1 of 3 of Dubuque Industrial Center West 5th Addition in the City of Dubuque, Iowa (the Property); and Whereas, pursuant to published notice, a public hearing was held on the proposed disposition on August 21, 2006 at 6:30 p.m. at the Carnegie-Stout Public Library Auditorium, 360 W. 11th Street, Dubuque, Iowa; and Whereas, it is the determination of the City Council that approval of the Development Agreement for the sale to and development of the Property by First Supply, LLC according to the terms and conditions set out in the Development Agreement is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the attached Development Agreement by and between the City of Dubuque and First Supply, LLC for the sale of the Property is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute the Development Agreement on behalf of the City and City Clerk is authorized and directed to attest to his signature. 350 Regular Session, August 21, 2006 Section 3. That the Mayor and City Clerk are hereby authorized and directed to execute and deliver a Special Warranty Deed for the Property as provided in the Development Agreement. Section 4. That the City Manager is authorized to take such actions as are necessary to comply with the terms of the Deveiopment Agreement as herein approved. Passed, approved and adopted this 21st day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Cierk Connors moved adoption of the Resolution. Seconded by Michalski. Motion carried 7-0. Greater Downtown Urban Renewal Plan: Proof of publication on notice of hearing to consider an Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District to extend the boundaries of the District and City Manager recommending approval, presented and read. Jones moved that the proof and communication be received and filed. Seconded by Michalski. Motion carried 7- O. Rhodes "Bud" Isenhart, 8968 Quail Ridge Court, spoke objecting to the proposed use of TIF funds. Clarification of proposed plans concerning the Federal Building and parking issues was given by City Manager Michael C. Van Milligen and Economic Development Director David Heiar. RESOLUTION NO. 391-06 A RESOLUTION APPROVING THE AMENDED AND RESTATED URBAN RENEWAL PLAN FOR THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT Whereas, on Juiy 17, 2006 the City Council of the City of Dubuque, Iowa authorized the preparation of an Amended and Restated Urban Renewal Plan (the "Plan") for the Downtown Dubuque Urban Renewal District (the "District"); and Whereas, the City of Dubuque's primary objective in amending this Plan is to provide opportunities for further redevelopment and reinvestment in the downtown; and Whereas, the Long Range Planning Commission has reviewed the proposed Plan and has found that said document is consistent with the Comprehensive Plan for the development of the City of Dubuque as a whole and has transmitted its findings to the City Council; and Whereas, a consultation process has been undertaken with affected taxing entities in accordance with Chapter 403 of the Code of Iowa with no written objections or recommended changes to the Plan received; and Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has held a public hearing on the proposed amended and restated Plan after public notice thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: Section 1. That the Amended and Restated Urban Renewal Pian for the Greater Downtown Urban Renewal District, attached hereto and made reference to herein, be approved. Section 2. That the City Cierk of the City of Dubuque, Iowa is hereby authorized and directed to file a certified copy of the Resoiution in the office of the Dubuque County Recorder. Passed, approved and adopted this 21st day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Jones moved adoption of the Resolution. Seconded by Michalski. Motion carried 7-0. Flora Pool Painting Project: Proof of publication on notice of hearing to consider adoption of the plans and specifications for the Flora Pool Painting Project and City Manager recommending award of the contract to Fred Jackson Tuckpointing, Inc. in the amount of $50,350, presented and read. Cline moved that the proof and communication be received and filed. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 392-06 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS WHEREAS, on the 17th day of July, 2006, plans, specifications, fonn of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Flora Pool Painting 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 21st day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 393-06 AWARDING CONTRACT WHEREAS, sealed proposals have been submitted by contractors for the Flora Pool Painting Project pursuant to Resolution No. 326- 06, and notice to bidders published in a Regular Session, August 21, 2006 newspaper published in the City of Dubuque, Iowa, on the 21st day of Juiy, 2006. WHEREAS, said sealed proposals were opened and read on the 10lh day of August, 2006, and it has been determined that the bid of Fred Jackson Tuckpointing, Inc. in the amount of $50,350 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 Fred Jackson Tuckpointing, Inc., 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 21 st day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Cierk Cline moved adoption of the Resolution. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 394-06 APPROVING CONSTRUCTION CONTRACT WITH FRED JACKSON TUCKPOINTING, INC. FOR THE FLORA POOL PAINTING PROJECT Whereas, the City Council by Resolution No. 393-06 awarded the construction contract for the Flora Pool Painting Project to Fred Jackson Tuckpointing, Inc.; and Whereas, Fred Jackson Tuckpointing, Inc. 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 21 st day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Lynch. Motion carried 7-0. Fioodwall Pumping Facility Improvement Projects: Proof of publication on notice of hearing to consider adoption of the plans and specifications for the Floodwall Pumping Facility Improvement Projects and City Manager recommending award of the contract to Kluck 351 Construction in the amount of $446,420.80, presented and read. Cline moved that the proof and communication be received and filed. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 395-06 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the Floodwall Pumping Station Improvement Projects pursuant to prior resolution and notice to bidders published in a newspaper published in the city of Dubuque, Iowa on the 21st day of July 2006. Whereas, said sealed proposals were opened and read on the 9th day of August 2006 and it has been determined that the base bid of Kluck Construction of Dubuque, Iowa in the amount of $223,860.80 was the lowest bid for providing all labor and materials and performing the work as provided for in the plans and specifications. The contract will also include project alternates A, B and C for the additional cost of $222,560.00. 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 Kluck Construction and the City Manager be and is hereby directed to execute a contract on beha~ 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 21st day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 396-06 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 17th day of July 2006, pians, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Floodwall Pumping Station Improvement Projects. 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. 352 Regular Session, August 21, 2006 Passed, adopted and approved this 21st day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 397-06 APPROVING CONSTRUCTION CONTRACT WITH KLUCK CONSTRUCTION FOR THE FLOODWALL PUMPING STATION IMPROVE. MENT PROJECTS Whereas, the City Council by Resolution No. 396-06 awarded the construction contract for the Floodwall Pumping Station Improvement Projects to Kluck Construction; and Whereas, Kluck Construction 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 21 st day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Lynch. Motion carried 7-0. Connors moved that the rules be reinstated limiting discussion to the Council. Seconded by Lynch. Motion carried 7-0. ACTION ITEMS Greater Dubuque Development Corporation: Rick Dickinson, Greater Dubuque Development Corporation, to provide a verbal report regarding the activities of GDDC. Rick Dickinson spoke of the recent positive activities of GDDC. Cline moved that the report be received and filed. Seconded by Jones. Motion carried 7-0. Cottingham and Butler - Memorandum of Understanding: City Manager recommending approval of a Memorandum of Understanding wijh Cottingham and Butler concerning their expansion in downtown Dubuque with significant renovations of the Security Building located at 151 West 8th Street and the former House of China Building located at 803 Main Street, presented and read. Cline moved that the communication be received and filed. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 398-06 A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING WITH COTTINGHAM & BUTLER FOR AN EXPANSION IN DOWNTOWN DUBUQUE Whereas, Cottingham & Butler is proposing to expand employment in the City of Dubuque, and Whereas, the City is encouraging the Company to expand Its operations in Downtown DUbuque,and Whereas, a Memorandum of Understanding has been prepared for said expansion, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. The attached Memorandum of Understanding is hereby approved. Section 2. The City Manager is hereby directed to prepare documents necessary to implement the Memorandum of Understanding Passed, approved and adopted this 21 st day of August 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Jones. Motion carried 7-0. Cedar Lake East Third Addijion: Zoning Advisory Commission recommending approval of the final plat of Cedar Lake East Third Addition, upon motion received and filed. Cline moved that the communication be received and filed. Seconded by Jones. Motion camed 7-0. RESOLUTION NO. 399-06 A RESOLUTION APPROVING PLAT OF SURVEY OF LOT 1-2 AND LOT A-2 OF CEDAR LAKE EAST THIRD ADDITION IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed wijh the City Clerk a Plat of Survey of Lot 1-2 and Lot A-2 of Cedar Lake East Third Addition in the City of Dubuque, Iowa; and Whereas, upon said Plat of Survey appears a private street to be known as North Cedar Court (Lot A-2), with certain public utility easements, which the owner by said Plat of Survey has dedicated such easements to the public forever; and Whereas, the Plat of Survey has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said Plat of Survey has been examined by the Cijy Council and they find that It conforms to the statutes and ordinances relating to ij, except that no streets or public utilijies 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 easements for public utilities, as they appear upon said Plat Regular Session, August 21, 2006 of Survey, be and the same are hereby accepted; and Section 2. That the Plat of Survey of Lot 1-2 and Lot A-2 of Cedar Lake East Third Addition 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 Plat of Survey, provided the owners of said property herein named, execute their written acceptance hereto attached agreeing; (a) To reduce North Cedar Court (Lot A-2) to grade and to hard surface with asphaltic concrete, all in accordance with the City of Dubuque standard specifications, in conformance with construction improvement plans approved by the City Engineer for a private street. (b) To install sanitary sewer mains and sewer service laterals into each individual lot, water mains and water service laterals into each individual lot, 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. The private street and sanitary sewer mains are so designated as private mains and shall be maintained by the owners andlor homeowners' association. (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 Gibbs Construction, inc., as owner of said property, shall secure the perfonnance of the foregoing public water main 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. That the final acceptance of all public improvements shall occur upon certification of the City Engineer to the City Council that water main improvements have been completed in accordance with the improvement plans and City standard specifications and accepted by City Council Resolution. Section 4. That in the event Gibbs Construction, Inc. 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 pOrovisions hereof shall be null and void and the acceptance and approval the plat shall not be effective. 353 Passed, approved and adopted this 21 st day of August 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk ACCEPTANCE OF RESOLUTION NO. 399-06 I, Marty Gibbs, representing Gibbs Construction, Inc., the undersigned, having read the terms and conditions of the Resolution No. 399-06 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 21" day of August 2006. Isl Marty Gibbs Cline moved adoption of the Resolution. Seconded by Jones. Motion carried 7-0. Asbury Plaza Business Park First Addition: City Manager recommending approval of the final plat of Asbury Plaza Business Park First Addition, presented and read. Lynch moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 400-06 RESOLUTION APPROVING THE FINAL PLAT OF ASBURY PLAZA BUSINESS PARK FIRST ADDITION IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a Final Plat of Asbury Plaza Business Park First Addition; and Whereas, upon said final plat appear streets to be known as Plaza Drive (Lot A), North Plaza Loop (Lot E), Plaza Court (Lot F) and Plaza Court (Lot G); and Whereas, the conceptual pian/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 confonns 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 Plaza Drive (Lot A), North Plaza Loop (Lot E), Plaza Court (Lot F) and Plaza Court (Lot G), 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 Asbury Plaza Business Park First Addition is hereby approved, and the Mayor and City Clerk are hereby 354 Regular Session, August 21, 2006 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 Plaza Drive (Lot A), North Plaza Loop (Lot E), Plaza Court (Lot F), and Plaza Court (Lot G) 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 sanitary sewer mains 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 prtvate storm water detention facility (Lot B) 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. No building permit shall be issued until the detention basin is functional or with the written consent of the City Engineer; (d) To install sidewalks along all publiC streets in accordance with the typical cross section and improvement plans approved by the City Engineer; (e) To construct said improvements, prtor to two (2) years from the date of acceptance of this resolution, at the sole expense of the owners, or future owner; '(1) 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 Motor City LLC; Projects Plus Ltd., 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. That the final acceptance of all publiC improvements shall occur upon certification of the City Engineer to the City Council that al public improvements have been completed in accordance with the improvement plans and City standard specifications and accepted by City Council Resolution. Section 4. That in the event Motor City, LLC.; Projects Plus, Ltd. 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 21~ day of August 2006. Roy D. Buol, Mayor, Allest: Jeanne F. Schneider, City Clerk Lynch moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Riverside Boat Pier Grant: City Manager recommending approval of the submittal of a Tier 2 Boating Infrastructure Grant application to the Iowa Department of Natural Resources and further recommending City Council approval of the revised project budget in the amount of $5,088,950, of which $1,088,950 would be the City of Dubuque's local match, presented and read. Cline moved that the communication be received and filed. Seconded by Michalski. Motion carried 7-0. RESOLUTION NO. 401-06 RESOLUTION AUTHORIZING AN APPLICA- TION FOR A BOATING INFRASTRUCTURE GRANT FOR RIVERSIDE BOAT PIER PROJECT AT THE PORT OF DUBUQUE Whereas, U. S. Fish and Wildlife provides a federal pass-through grant program to the Iowa Department of Natural Resources for Tier 2 Boating Infrastructure Grants for transient boat docks; and Whereas, the City of Dubuque has determined that the construction of the Riverside Boat Pier Project at the Port of Dubuque is consistent with the Port of Dubuque Master Plan; and Whereas, the construction of transient boat docks at the Port of Dubuque 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 submission of an application to the Iowa Department of Natural Resources for a Tier 2 Boating Infrastructure Grant to fund the Riverside Boat Pier Project is hereby approved. Section 2. That the City Council authorizes the City Manager to utilize budgeted Capital Improvement Program funds to provide the match required by this program. Passed, approved and adopted this 21 st day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk .' Regular Session, August 21, 2006 Cline moved adoption of the Resolution. Seconded by Michalski. Motion carried 7-0. Unified Development Code: City Manager recommending approval of the proposed committees for the Unified Development Code process, presented and read. Michaiski moved that the communication be received and filed and recommendation approved. Seconded by Connors. Motion carried 7-0. Sustainable Communities: Information from the American Institute of Architects regarding the Sustainabie Design Assessment Team (SDAT) program, presented and read. Connors moved that the communication be received and fiied and directed that the application be submitted. Seconded by Jones. Motion carried 7-0. Code of Ordinance Update: City Manager requesting City Council direction on the next phase of the update of the City's Code of Ordinances, presented and read. Michalski moved that the communication be received and fiied and directed that those chapters with basic "clean-up" changes and changes to bring the Code of Ordinances into compliance with the State of Iowa Code be brought back for approval. It was further directed that those Chapters requiring Council direction be brought back one or two chapters at a time as an Action item on future agendas and that the entire proposed revisions to the Code be provided to the Council on a CD. Seconded by Cline. Motion carried 7-0. COUNCIL MEMBER REPORTS 8uol shared that the staff of a recent Congressional visit was very impressed with Dubuque's development. At 7:57 P.M. Michalski moved to go into Closed Session: Pending Litigation and Property Acquisition - Chapter 21.5(1)(c)0) 2005 Code of Iowa. Seconded by Connors. Motion carried 7-0. At 8:14 P.M. Council reconvened regular session stating that staff had been given proper direction. There being no further business, Michalski moved to adjourn. Seconded by Connors. Motion carried 7-0. The meeting adjourned at 8:15P.M. /s/ Jeanne F. Schneider, CMC City Clerk 11 8/30 APproved:~4,,6tA ~. /.:/ Atte /'I 355 2006 2006 ~~ ity Clerk 356 Special Session, August 29, 2006 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, August 29, 2006 Council met in special session at 4:30 p.m. at the Grand River Center Present: Mayor Buol, Council Members Bralg, Cline, Connors, Jones, Lynch, Michalski, Cit y Manager Van Milligen, City Attorney Lindahl, Assistant City Brumwell Mayor Buol 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 2005 - 2006 Performance Report and discussed the top ten successes of the past year and the specific accomplishments associated with each. The Mayor and City Council Members each identified their three primary focus areas for the next five years and what they felt needed to be done in the next year. Also discussed were the major challenges facing the City of Dubuque in attainment of the stated goals. City Council reviewed the Dubuque Vision 2020 and Guiding Principles and suggested changes/additions to be incorporated into the Vision. There being no further business, upon motion meeting adjourned at 9:05 p.m. /s/ Jeanne F. Schneider, CMC City Clerk 11 9/13 .v ~ 2006 2006 ~ " Special Session, August 30, 2006 357 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, August 30, 2006 Council met in special session at 1 :00 P.M. at the Grand River Center Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski, City Manager Van Milligan, Assistant City Attorney Brumwell Mayor Buol 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 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 developmenV revitalization. Objectives for each of the goals were ranked, with the short-term challenges identified and the actions necessary to achieve each goal. The Dubuque 2020 Vision Statement was approved as: The City of Dubuque is a progressive, sustainable City with a strong balanced economy and connections to the world, the Dubuque community takes pride in our history and heritage and has actively preserved our picturesque river and community, Dubuque citizens have choices of quality livable neighborhoods and fun things to do, and are engaged in the community, The Policy Agenda for 2006-2007 was established as: Continuing Priority - Southwest Arterial, Unified Deveiopment Code / Biuffland Ordinance, Annexation Study, and Bee Branch Project / Drainage Basin Master Plan Projects; Top Priority - Street Program: Continuation and Funding, Workforce Development Strategy, Green City Designation , ADA Compliance, and Library Renovation; High Priority - Airport Master Plan, East - West Corridor Study, Rail Spur - Dubuque Industrial Center West, and Water Pollution Control Plant Facility Plan. Also established was the Management Agenda for 2006-2007 which included Top Priority - Community Health Center, Pandemic Influenza Plan, Grand River Center Maintenance, Fire Department MDT / Wireless Networks and Police Department Territorial Accountability Design; High Priority - Dubuque Technology Park, Port of Dubuque Development, Intermodal Transportation Facility, Utility Infrastructure Update, and Mediacom Franchise Implementation. There being no further business, upon motion meeting adjourned at 6:25 P.M. /s/ Jeanne F. Schneider, CMC City Clerk 11 9/13 Approved: 2006 Adopted I 2006 n~5f ~/ l-:JA*lLt~ (), ~ '/,.J ." ( veC" 4J Attest: City Clerk Regular Session, August 7, 2006 323 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, August 7, 2006 Council met at 6:30 P.M. in the Public Library Auditorium Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski, City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of discussing such matters which may prope~y come before the Council. Invocation was given by Reverend John Sorenson, Pastor of Lord of ute Lutheran Church Proclamations: Responsibie Gaming Week (August 7 - 11, 2006) received by Carrie Tedore and Shannon Gaherty; Cory Bowman Week (August 23 - 28, 2006) received by Cory Bowman and family; Tour de Dubuque Day (August 26, 2006) received by Mike Ma~in, Kevin Pike and Gino Rokusek of the Freedom Riders CONSENT ITEMS Minutes and Reports Submitted: Airport Commission of 7/9; Arts and Cultural Affairs Advisory Commission of 5/23 and 6/12; City Council of 7/19; Housing Commission of 6/27; Housing Commission Trust Fund Committee of 7/25; Investment Oversight Advisory Commission of 7/26; Long Range Planning Advisory Commission of 7/19, presented and read. Cline moved that the minutes be received and filed. Seconded by Jones. Motion carried 7-0. Proof of publication of City Council Proceedings of July 5, 2006, presented and read. Cline moved that the proof be received and filed. Seconded by Jones. Motion carried 7-0. Library Board of Trustees Update of July 27, 2006, presented and read. Cline moved that the communication be received and filed. Seconded by Jones. Motion carried 7-0. Investment Oversight Advisory Commission 53rd Quarterly Report, presented and read. Cline moved that the communication be received and filed. Seconded by Jones. Motion carried 7-0. Notice of Claims/Suits: Gary M. Blosch for property damage; Bernice M. Breitfelder for property damage; Milton Ernst for property damage; Emily Freiburger for property damage; Barbara L. Hansen for personal injury/vehicle damage; Ralph G. Hemesath for property damage; Cynthia Henkel and Tracey Tittle for property damage; Gerald B. Hingtgen for vehicle damage/personal injury; Jamie Lee Kremer for property damage; Leo Link for property damage; Ricky Meyer for personal injury; Gerald Pickel for property damage; Barbara J. Schnee for vehicle damage; Gary and Tina Smith for property damage; Laveme Strohmeyer for property damage, presented and read. Cline moved that the communications be received and filed and referred to the City Attorney for investigation/report. Seconded by Jones. Motion carried 7-<l. City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: City of Bellevue for vehicle damage; Gary M. Blosch for property damage; Barbara L. Hanson for personal injury/vehicle damage; Cynthia Henkel and Stacey Tittle for property damage; Gerald Hingtgen for personal injury/property damage; Jane M. Jaeger for property damage; Robert Kaesbauer for property damage; Leo Link for property damage; Ricky Meyer for personal injury; Gerald F. Pickel for property damage; Michael Rooney for property damage; Michael Skahill for property damage; Laverne Strohmeyer for property damage; Bernice M. Breitfelder for property damage; Ralph G. Hemesath for property damage; Jamie Lee Kremer for property damage; Barbara J. Schnee for vehicie damage; and Gary and Tina Smith for property damage, presented and read. Cline moved that the communications be received and fiied and concurred. Seconded by Jones. Motion carried 7-0. Dubuque Bank and Trust: Communication from Nelson Klavitter, DUbuque Bank and Trust, requesting voluntary annexation of property located at 2690 Rockdale Road into the City of Dubuque, presented and read. Cline moved that the communication be received and filed and referred to the City Manager. Seconded by Jones. Motion carried 7-0. Requests to Purchase: Communication from Stephen J. Schmall, Loras College, requesting to purchase a portion of a City-owned alley abutting their property and communication from KC Jones, Airgas-North Central, Inc., requesting 324 Regular Session, August 7,2006 to purchase a portion of Kerper Boulevard as it abuts property being purchased at 2240 Kerper Boulevard, presented and read. Cline moved that the communications be received and filed and referred to the City Manager. Seconded by Jones. Motion carried 7-0. 2007 Fireworks Display: Request of the Dubuque Jaycees, KDTH, KATF, KGRR and The River to conduct a fireworks display on Tuesday, July 3, 2007 on Volunteer Road between Hawthorne and Lime, with a rain date of July 4, 2007, presented and read. Cline moved that the communication be received and filed and approved request. Seconded by Jones. Motion carried 7-0. Department of the Army: Communication from the Department of the Army advising of pubiic meetings to be held by the Mississippi River Commission, presented and read. Cline moved that the communication be received and filed. Seconded by Jones. Motion carried 7-0. Certified Local Government (CLG) Program Grant Application: City Manager recommending support for an appiication to the State Historical Society of Iowa for a Fiscal Year 2007 Certified Local Government (CLG) Grant to conduct a Phase I Four Mounds Archeological Investigation, presented and read. Ciine moved that the communication be received and filed. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 343-06 RESOLUTION AUTHORIZING THE SUB- MISSION OF AN APPLICATION FOR CERTIFIED LOGAL GOVERNMENT (CLG) PROGRAM FUNDING TO CONDUCT A PHASE I ARCHEOLOGICAL INVESTIGATION AT FOUR MOUNDS ESTATE Whereas, the State Historical Society of Iowa (SHSI) has announced the availability of Certified Local Govemment Program (CLG) grant funds; and Whereas, the intensive survey and evaluation of archeological resources are eligible activities for CLG funding; and Whereas, the Four Mounds archeological site and the Four Mounds Estate are iisted on the National Register of Historic Places and designated as a local landmark site. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the submission of an application for CLG funds to conduct the Phase I Archeological Investigation at Four Mounds Estate is hereby authorized. Section 2. That the Planning Services Manager is hereby authorized to sign the contract with and submit requests for reimbursements to the SHSI for CLG funds to conduct a Phase I Archeological Investigation at Four Mounds Estate if the grant is awarded. Section 3. That the City of Dubuque agrees to abide by all local, state and federal requirements applicabie to the proposed project. Passed, approved and adopted this 7th day of August 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Ciine moved adoption of the Resolution, Seconded by Jones. Motion carried 7-0. Emergency Preparedness and Security Information: City Manager recommending approval of a resolution providing for the confidentiaiity of emergency preparedness information and security procedures where, if disclosed, could reasonably be expected to jeopardize the safety of City employees, visitors, persons, or property, presented and read. Cline moved that the communication be received and filed. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 344-06 ADOPTING A SECURITY INFORMATION POLICY FOR THE CITY OF DUBUQUE, IOWA WHEREAS, Iowa Code ~ 22.7(52) provides that information concerning security procedures or emergency preparedness information developed and maintained by a government body for the protection of governmental employees, visitors to the govemment body, persons in the care, custody, or under the control of the government body, or property under the jurisdiction of the government body, if disclosure could reasonably be expected to jeopardize such employees, visitors, persons, or property shall be kept confidential, unless otherwise ordered by a court, by the lawful custodian of the records, or by another person duly authorized to release such information; and WHEREAS, Iowa Code ~ 227.(52) further provides that such information includes but is not iimited to information directly related to vulnerability assessments; information contained in records relating to security measures such as security and response plans, security codes and combinations, passwords, restricted area passes, keys, and security or response procedures; emergency response protocols; and information contained in records that if disclosed would significantly increase the vulnerabiiity of critical physical systems or infrastructures of a government body to attack; and WHEREAS, Iowa Code ~ 22.7(52) further provides that such confidentiaiity requirement only appiies to information held by a government body that has adopted a rule or poiicy identifying the specific records or class of records to which this subsection appiies and which is contained in such a record. Regular Session, August 7, 2006 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the following policy on restriction of security information is hereby adopted: Security Information Policy For the protection of the city employees, visitors to city facilities, persons in city care, custody or control, and for the protection of city property, the city council hereby adopts this Security Information Policy, pursuant to Iowa Code !l22.7(52). 1. The following public records shall be kept confidential unless otherwise ordered by a court, by the lawful custodian of the records, or by another person duly authorized to release such information: (a) Information directly related to vulnerability assessments; (b) Information relating to security measures such as security and response plans, security codes and combinations, pass.NOtds, restricted area passes, keys, and security or response procedures; (c) Emergency response protocols; (d) Architectural, engineering or construction diagrams; and (e) Information contained in records that if disclosed would significantly increase the vulnerability of critical physical systems or infrastructures of the city to attack. 2. "Public records" includes all records, documents, tape, or other information, stored or preserved in any medium, of or belonging to this city. 3. The City Manager shall be responsible for implementing the requirements of this policy. Passed, approved and adopted this 7th day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Jones. Motion carried 7-0. Engineering Services Contract Award for the Clear Well/Baffling Rehabilijation Project: City Manager recommending approval of the selection of Veenstra & Kimm, Inc., to provide engineering services for the Ciear Well/ Baffling Rehabilitation Project in the amount of $62,000, presented and read. Cline moved that the communication be received and filed and recommendation approved. Seconded by Jones. Motion carried 7-0. Community Economic Betterment Account (CEBA) Loan - Sedgwick CMS: City Manager recommending approval of the execution of a CEBA Loan Agreement by and among the Iowa Department of Economic Development, Sedgwick CMS and the City of Dubuque, presented and read. Cline moved that the 325 communication be received and filed. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 345-06 A RESOLUTION AUTHORIZING THE EXECUTION OF A COMMUNITY ECONOMIC BETTERMENT ACCOUNT LOAN AGREEMENT FOR ONE HUNDRED AND FIFTY THOUSAND DOLLARS ($150,000) WITH SEDGWICK CMS Whereas, the Community Economic Betterment Account (CEBA) program has been created by the Iowa Department of Economic Development to assist in the economic development efforts of local jurisdictions; and Whereas, in March 2006, the City of Dubuque, Iowa was awarded a one hundred and fifty thousand dollar ($150,000) loanlforgivable loan from the CEBA program by the Iowa Department of Economic Development; and Whereas, the City of Dubuque, Iowa desires to assist Sedgwick CMS in ijs efforts to locate ijs operations in Dubuque and create new, permanent employment opportunities for local citizens; and Whereas, a CEBA Loan Agreement, hereto attached and by this reference made a part hereof, is to be executed between the Iowa Department of Economic Development, Sedgwick CMS and the City of Dubuque, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor and Corporation Counsel be and they are hereby authorized and directed to endorse, on behalf of the City Council of the City of Dubuque, Iowa, the attached CEBA Loan Agreement. Section 2. That the City Manager be and he is hereby authorized to disburse loan funds to Sedgwick CMS from the CEBA program in accordance with the terms and conditions of the executed Agreement. Passed, approved and adopted this 7th day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Jones. Motion carried 7-0. Handan City: Communication from Ding Ynghui, Vice-Mayor of Handan City, thanking the City of Dubuque for the hospijality received during their recent visit and inviting the Mayor and City Council to Handan City, presented and read. Michalski moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. Sisters of St. Francis: Communication from the Sisters of St. Francis requesting that the City Council develop a comprehensive plan to 326 Regular Session, August 7, 2006 reduce carbon emissions into the atmosphere, presented and read. Braig moved that the communication be received and filed and thanked the Sisters for the attention to the environment. Seconded by Connors. Motion carried 7-0. Legislative Communications: Communication to local legislators in appreciation of their vote against efforts to override Governor VII sack's veto of HF 2351 regarding the use of eminent domain and communication to Senator Tom Harkin and Senator Charies Grassley expressing opposition to HR. 5252, the Advanced Telecommunications and Opportunity Reform Act (ATOR), presented and read. Cline moved that the communications be received and filed. Seconded by Jones. Motion carried 7-0. Community Health Center: City Manager recommending approval of the payment of $250,000 in support of the Community Health Center as authorized through the Fiscal Year 2007 budget, presented and read. Michalski moved that the communication be received and filed. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 346-06 AUTHORIZING THE DISTRIBUTION OF $250,000 TO THE TRI-STATE COMMUNITY HEALTH CENTER IN DUBUQUE FOR CAPITAL AND EQUIPMENT FUNDING WHEREAS, the City Council, in its fiscal year 2007 budget, budgeted $250,000 to be used by the City of Dubuque (City) to provide a one time grant to The Tri-State Community Health Center (TSCHC) for capital and equipment costs; and WHEREAS, TSCHC will provide comprehensive primary health care and dental services, regardless of ability to pay, creating a medical home for many low income people who presently use local hospital emergency rooms or doctors' offices for their source of primary care; and WHEREAS, the City's support for the TSCHC project is consistent with the City of Dubuque Comprehensive Plan, Neighborhood Reinvestment Strategy and the Washington Neighborhood Reinvestment Plan and is also consistent with the Fiscal Year 2007 City Council Priorities and Major Projects adopted in September 2005, including "Neighborhood Crime Reduction Strategy" and "Casket Company Completion and Tot Lot;" and WHEREAS, TSCHC has now requested distribution from City in the amount of $250,000.00 for the one time grant to help with start up costs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The City Finance Director is authorized and directed to distribute $250,000.00 to TSCHC for the capital and equipment funding in support of the TSCHC project. Passed, approved and adopted this 7th day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Braig. Motion carried 7-0. Environmental Stewardship Advisory Com- mission: Resignation of Andrea Bixler from the Environmental Stewardship Advisory Com- mission, presented and read. Cline moved that the communication be received and filed. Seconded by Jones. Motion carried 7-0. Worker's Compensation Claim: City Manager recommending settlement of the worker's compensation claim of Brian Cortez, presented and read. Cline moved that the communication be received and filed and recommendation approved. Seconded by Jones. Motion carried 7-0. Community Economic Betterment Account (CEBA) Loan - Kunkel Bounds & Associates, Inc.: City Manager recommending approval of the execution of a CEBA Loan Agreement by and among the Iowa Department of Economic Development, Kunkel Bounds & Associates, Inc. and the City of Dubuque, presented and read. Cline moved that the communication be received and filed. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 347-06 A RESOLUTION AUTHORIZING THE EXECUTION OF A COMMUNITY ECONOMIC BETTERMENT ACCOUNT LOAN AGREEMENT FOR SEVENTY FIVE THOUSAND DOLLARS ($75,000) WITH KUNKEL BOUNDS & ASSOCIATES, INC. Whereas, the Community Economic Betterment Account (CEBA) program has been created by the Iowa Department of Economic Development to assist in the economic development efforts of local jurisdictions; and Whereas, in March 2006, the City of Dubuque, Iowa was awarded a seventy five thousand dollar ($75,000) loanlforgivable loan from the CEBA program by the Iowa Department of Economic Development; and Whereas, the City of Dubuque, Iowa desires to assist Kunkel Bounds & Associates, Inc. in its efforts to locate its operations in Dubuque and create new, permanent employment opportunities for local citizens; and Whereas, a CEBA Loan Agreement, hereto attached and by this reference made a part hereof, is to be executed between the Iowa Regular Session, August 7, 2006 Department of Economic Development, Kunkel Bounds & Associates, Inc. and the City of Dubuque, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor and Corporation Counsel be and they are hereby authorized and directed to endorse, on behalf of the City Council of the City of Dubuque, iowa, the attached CEBA Loan Agreement. Section 2. That the City Manager be and he is hereby authorized to disburse loan funds to Kunkel Bounds & Associates, Inc. from the CEBA program in accordance with the terms and conditions of the executed Agreement. Passed, approved and adopted this 7th day of August, 2006. Roy D. Buoi, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resoiution. Secollded by Jones. Motion carried 7-0. Purchase of Property - 1731 Elm Street: City Manager recommending approval of the purchase of property located at 1731 Elm Street to be used for construction of additional parking at the new Community Health Center, presented and read. Cline moved that the communication be received and filed. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 348-06 A RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE LOCATED AT 1731 ELM STREET, IN THE CITY OF DUBUQUE WHEREAS, the City of Dubuque intends to acquire certain properties to provide for additional parking for the Community Health Center Project; and WHEREAS, a purchase agreement has been finalized with the owner of the third property scheduied 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 legally described property: The Northerly half of Lot 158 in East Dubuque Addition in the City of Dubuque, Iowa according to the recorded Piat thereof in Dubuque County, Iowa At the cost of Forty thousand dollars ($40 000). 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. 327 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 7'" day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Jones. Motion carried 7-0. Unified Development Code (UDC) Consultant Contract: City Manager recommending approval of the contract with JEO Consulting Group, Inc., the consultant selected for the preparation of a Unified Development Code for the City of Dubuque, in the amount of $119,850, presented and read. Braig moved that the communication be received and filed and recommendation approved. Seconded by Connors. Motion carried 7-0. Comprehensive Plan Update: Long Range Planning Advisory Commission submitting the July 2006 Report on the Comprehensive Pian Update process, presented and read. Cline moved that the communication be received and filed. Seconded by Jones. Motion canned 7-0. City Development Board: Communication from Steven R. McCann, City Development Board Administrator, advising that the Board will consider the City of Dubuque's voluntary annexation request for property owned by Motor City LLC, John and Sally Jo Herrig, and Dean and Patricia Butler at the August 9, 2006 City Deveiopment Board meeting, presented and read. Cline moved that the communication be received and filed. Seconded by Jones. Motion carried 7-0. Prosperity Eastem Iowa Marketing Efforts: City Manager recommending approval of a contract with ECIA to assist in funding a collaborative marketing effort by Prosperity Eastem Iowa to promote economic development opportunities, presented and read. Braig moved that the communication be received and filed and approved recommendation. Seconded by Jones. Motion carried 6-0 with Lynch abstaining. Transportation Planner - ECIA Agreement: City Manager recommending approval of a contract with ECIA to assist in funding a part- time transportation planner to primarily provide traffic and transportation planning for the City of Dubuque Engineering Department and Planning 328 Regular Session, August 7, 2006 Services Department, presented and read. Cline moved that the communication be received and filed and approved recommendation. Seconded by Jones. Motion carried 7-0. Subdivision of Lot Conlon Johnson Development LLC: City Manager recommending approval to subdivide Parcel F adjacent to the Dubuque Technology Park to accommodate the development plans submitted by Conlon Johnson Development, LLC, presented and read. Cline moved that the communication be received and filed. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 349-06 RESOLUTION APPROVING PLAT OF SURVEY OF LOT 1 OF F AND LOT 2 OF F IN DUBUQUE TECHNOLOGY PARK, IN THE CITY OF DUBUQUe, IOWA. Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated July 31, 2006 prepared by Buesing and Associates describing the division of Lot F of Dubuque Technology Park to be known as Lot 1 of F and Lot 2 of F of Dubuque Technology Park 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 piat dated July 31, 2006 prepared by Buesing and Associates, relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. The City of Dubuque reserves unto itself a perpetual easement as shown on the plat including the right of ingress and egress thereto, for the purpose of erecting, Installing, constructing, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, television cable, fiber optics, and electric lines as may be authorized by the City of Dubuque, iowa. 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 7th day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 350-06 RESOLUTION APPROVING PLAT OF SURVEY OF DUBUQUE TECHNOLOGY PARK NO.2 IN THE CITY OF DUBUQUE, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated July 31, 2006 prepared by Buesing and Associates describing the division of Lot 2 of F of Dubuque Technology Park to be known as Lot 1 and Lot 2 of Dubuque Technology Park 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: Section 1. That the plat dated July 31, 2006 prepared by Buesing and Associates, relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Cieri< be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. The City of Dubuque reserves unto itself a perpetual easement as shown on the plat including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, television cable, fiber optics, and electric lines as may be authorized by the City of Dubuque, Iowa. 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 7th day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resoiution. Seconded by Jones. Motion carried 7-0. Subdivision of Lot - First Supply, LLC: City Manager recommending approval to subdivide Lot 3 in the Dubuque Industrial Center West 5th Addition to accommodate First Supply LLC's need for a five acre expansion site, presented and read. Cline moved that the communication be received and filed. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 351-06 RESOLUTION APPROVING PLAT OF SURVEY LOT 1 OF 3 AND LOT 2 OF 3, DUBUQUE INDUSTRIAL CENTER WEST 5TH ADDITION IN THE CITY OF DUBUQUE, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a Plat of Survey, Lot 1 of 3 and Lot 2 of 3, Dubuque Industrial Center West 5th Addition in the City of Regular Session, August 7,2006 Dubuque, Iowa, dated July 31, 2006, prepared by IIW Engineers and Surveyors, P.C., describing the property to be subdivided, a copy of which is attached hereto (the Plat); and Whereas, the 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. The Plat is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to execute the Plat for and on behalf of the City of Dubuque, Iowa. Section 2. The City Clerk is hereby authorized and directed to file the Plat and a certified copy of this resolution in the office of the Recorder, in and for Dubuque County, iowa. Passed, approved and adopted this 7th day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Jones. Motion carried 7-0. Quarterty Investment Report; City Manager submitting the Finance Department Quarterly Investment Report for the period of April 1 through June 30, 2006, presented and read. Cline moved that the communication be received and filed. Seconded by Jones. Motion carried 7-0. Instaliatlon of Street Lights - 1105 Locust Street: Historic Preservation Commission recommending approval of the instaliation of restored antique street lights in the City rtght-of- way abutting 1105 Locust Street as requested by Dave Stuart, presented and read. Cline moved that the communication be received and filed and recommendation approved. Seconded by Jones. Motion carried 7-0. Fire Training Facility - Connection Charge: City Manager recommending approval of the payment of the $4,659.70 sanitary sewer connection fee for the Dubuque County Emergency Responder Training Center, presented and read. Cline moved that the communication be received and filed. Seconded by Jones. Motion carried 7-0. State of Iowa Press Release: Press release issued by the State of Iowa recognizing the City of Dubuque Housing Department for their efforts to develop or preserve independent living units to ensure people with disability have access to housing in our community I presented and read. Michaiski moved that the communication be received and filed and commended the Housing Service Department. Seconded by Connors. Motion carried 7-0. 329 Improvement Contracts / Performance, Payment and Maintenance Bonds: Grand River Center Fountain Sign Rehabilitation Project and Five Flags Arena Fall Protection Project, presented and read. Cline moved that the communication be received and filed. Seconded by Jones. Motion carried 7-0. Business Licenses: RESOLUTION NO. 352-06 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the foliowing 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. 2 RENEWALS 5-Point Mart Kristina Husemann 405 Rhomberg Econofoods Nash Finch Company 3355 JFK Circle Passed, approved and adopted this 7th day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 353-06 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 ali 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 foliowing named applicants a Liquor License. SPECIAL CLASS "C" LIQUOR LICENSE Choo Choo Charlies Pizza Choo Choo Charlies+ (Sunday Sales) 1895 JFK Rd Beli Tower Productions Beli Tower Productions 2785 Asbury Rd L & L Investment Co, LLC Players Sports Bar 1902 Central Ave Passed, approved and adopted this 7th day of AU9ust, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Jones. Motion carried 7-0. ITEMS TO BE SET FOR PUBLIC HEARING Regular Session, August 7, 2006 330 Conlon Johnson Development LLC Development Agreement: City Manager recommending that a public hearing be set for August 21, 2006 to consider approval of a Development Agreement and the sale of 4.694 acres of land in Dubuque Technology Park to Conlon Johnson Development LLC for construction of a 22,000 square foot office building, presented and read. Lynch moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 354-06 INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE AND FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA ON THE PROPOSED ISSUANCE OF URBAN RENEWAL TAX INCREMENT REVENUE OBLIGATIONS AND THE EXECUTION OF A DEVELOPMENT AGREEMENT RELATING THERETO WITH CONLON JOHNSON DEVELOPMENT LLC, AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, the City of Dubuque, Iowa (City) is the owner of the following real property (the Property); Lot 4 Block 1 Dubuque Technoiogy Park in the City of Dubuque, Iowa, according to the recorded plat thereof and Lot 1 of Dubuque Technology Park NO.2 And Whereas, City and Conlon Johnson Development LLC have entered into a Development Agreement, subject to the approval of the City Council, a copy of which is now on file at the Office of the City Clerk, City Hall, 13th and Central Avenue, Dubuque, Iowa, pursuant to which City will convey the Property to Conlon Johnson Development LLC; and Whereas, the City Council has tentatively determined that it would be in the best interests of the City to approve the Development Agreement, including the conveyance of the Property to Coni on Johnson Development LLC; and Whereas, it is deemed necessary and advisable that City should authorize Urban Renewal Tax Increment Revenue obligations, as provided by Chapter 403 of the Code of Iowa, and to enter into the Development Agreement relating thereto for the purpose of carrying out an Urban Renewal Plan as hereinafter described; and Whereas, before said obligations may be approved, Chapter 403 of the Code of iowa requires that the City Clerk publish a notice of the proposal and of the time and place of the meeting at which the City Council proposes to take action thereon and at which meeting the City Council shall receive oral and/or written objections from any resident or property owner of said City to such proposed action. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Section 1. The City of Dubuque intends to dispose of its interest in the foregoing-described Property by Deed to Conlon Johnson Development LLC. Section 2. The City Clerk is hereby authorized and directed to cause this Resolution and a notice to be published as prescribed by iowa Code Section 364.7 of a pUblic hearing on the City's intent to dispose of the foregoing- described Property, to be held on the 21 st day of August, 2006, at 6:30 o'clock p.m. in the Auditorium of the Carnegie-Stout Public Library in Dubuque, Iowa, 11 th & Locust. Dubuque. Iowa. Section 3. The City Council will also meet at said time and place for the purpose of taking action on the matter of authorizing Urban Renewal Tax Increment Revenue obligations and the execution of the Development Agreement relating thereto with Conlon Johnson Development LLC, the proceeds of which obligations will be used to carry out certain of the special financing activities described in the Urban Renewal Plan for the Dubuque industrial Center South Economic Development District, consisting of the funding of economic developments grants to Conlon Johnson Development LLC pursuant to the Development Agreement under the terms and conditions of said Urban Renewal Plan. It is expected that the aggregate amount of the Tax Increment Revenue obligations will be approximately $775,000. Section 4. The Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, In a newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four days nor more than twenty days before the date of said meeting on the issuance of said obligations. Section 5. That the notice of the proposed action to issue said obligations shall be in substantially the form attached hereto. Passed, approved and adopted this 7th day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Lynch moved adoption of the Resolution and set public hearing for 8/21/06 at a meeting to commence at 6:30 P.M. in the public library auditorium and direct the City Clerk to publiSh Regular Session, August 7, 2006 notice in the manner prescribed by law. Seconded by Connors. Motion carried 7-0. US 20 (Devon Drive to Menards) Capacity improvements Project: City Manager recommending initiation of the pubiic bidding process for the US 20 (Devon Drive to Menards) Capacity Improvements Project and that a public hearing be set for September 5, 2006, presented and read. Lynch moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 355-06 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 US 20 (Devon Drive to Menards) Capacity Improvements Project - Phase I, Traffic Signal and Intelligent Transportation System Improvements (STP-A-020-9(186)-22-31) in the estimated amount $190,035.89 are hereby approved and ordered fiied in the office of the City Clerk for public inspection. Passed, adopted and approved this 7" day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Lynch moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 356-06 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 US 20 (Devon Drive to Menards) Capacity Improvements Project - Phase I, Traffic Signal and Intelligent Transportation System Improvements (STP-A-020-9(186)-22-31). NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a public hearing will be held on the 5th day of September, 2006, 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 notless than four days nor more than twenty days prior 331 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 7" day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Lynch moved adoption of the Resolution and set public hearing for 9/5/06 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. Loras Boulevard Traffic Signalization Replacement Project: City Manager recommending initiation of the public bidding process for the Loras Boulevard Traffic Signalization Replacement Project and that a public hearing be set fur September 5, 2006, presented and read. Lynch moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 357-06 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 Loras Boulevard Traffic Signalization Replacement Project in the estimated amount of $361,410.50 are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, approved and adopted this 7" day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Lynch moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 358-06 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 Loras Boulevard Traffic Signalization Replacement 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 5th day of September, 2006, at 6:30 p.m. in the Public Library Auditorium at which time interested persons may appear and be heard for 332 Regular Session, August 7, 2006 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 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, approved and adopted this 7'h day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Lynch moved adoption of the Resolution and set public hearing for 9/5/06 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. 359-06 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Loras Boulevard Traffic Signalization Repiacement 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 24'h day of August, 2006. Bids shall be opened and read by the City Cierk at said time and will be submitted to the Council for final action at 6:30 p.m. on the 5'" day of September, 2006. Passed, approved and adopted this 7'h day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Lynch moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Expansion of First Suppiy LLC: City Manager recommending that a public hearing be set for AU9ust 21, 2006 to consider selling five acres of land in Dubuque Industrial Center West to First Supply LLC to construct a 30,000 square foot distribution warehouse, presented and read. Lynch moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 360-06 INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE, SETTING A TIME AND PLACE FOR HEARING ON A DEVELOPMENT AGREEMENT RELATING THERETO WITH FIRST SUPPLY LLC AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, the City of Dubuque, Iowa (City) is the owner of the following real property (the Property): Lot 1 of 3 of Dubuque Industrial Center West 5th Addition in the City of Dubuque, Iowa; and Whereas, City and First Supply LLC have entered into a Development Agreement, subject to the approvai of the City Council, a copy of which is now on file at the Office of the City Clerk, City Hall, 13th and Centrai Avenue, Dubuque, Iowa, pursuant to which City will convey the Property to First Supply LLC; and Whereas, the City Council has tentatively determined that it would be in the best interests of the City to approve the Development Agreement, including the conveyance of the property to First Supply LLC; and Whereas, before said obligations may be approved, Chapter 403 of the Code of Iowa requires that the City Clerk publish a notice of the proposal and of the time and place of the meeting at which the City Council proposes to take action thereon and at which meeting the City Council shall receive oral and/or written objections from any resident or property owner of said City to such proposed action. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque intends to dispose of its interest in the foregoing-described Property by Deed to First Supply LLC pursuant to the Development Agreement. Section 2. The City Clerk is hereby authorized and directed to cause this Resolution and a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City's intent to approve the Development Agreement and dispose of the foregoing- described Property, to be held on the 21st day of August, 2006, at 6:30 o'clock p.m. in the Auditorium of the Carnegie-Stout Public Library in Dubuque, Iowa, 11th & Locust, Dubuque, Iowa. Section 3. The Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a newspaper, printed Regular Session, August 7, 2006 wholly in the English language, published at least once weekly, and having general circulation in said City, said pUblication to be not less than four days nor more than twenty days before the date of said meeting on the issuance of said obligations. Section 4. That the notice of the proposed action shall be in substantially the form attached hereto. Passed, approved and adopted this 7th day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Lynch moved adoption of the Resolution and set public hearing for 6/21/06 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. BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Boards/Commissions: Environmental Stewardship Advisory Commission (One 1-year youth term - term of Miller) Applicant: Claire Miller No one spoke. Housing Advisory Trust Fund Committee (One 3-year at-large term through 8/17/09 - term of Hingtgen) Applicant: Doris M. Hingtgen No one spoke. Housing Commission (Three 3-year at-large terms through 8/17/09 - terms of Culbertson, Holz and Grant and one 3-year Section 8 term through 8/17/09 -term of Plein) At-Large Applicants: Dorothy A. Culbertson, Jim Holz No one spoke. Section 8 Applicant: John J. Plein Mr. Plein spoke requesting consideration for reappointment. PUBLIC HEARINGS Michalski moved to suspend the rules to allow anyone present to address the Council. Seconded by Cline. Motion carried 7-0. Residential Parking Permit District - Vizaleea / Keymont Street: Proof of publication on notice of hearing to consider a request to form a Residential Parking Permit District In the Vizaleea / Keymont Street area and City Manager recommending approval, presented and read. Connors moved that the proof and communication be received and filed. Seconded by Lynch. Motion carried 7-0. 333 Donald Schumacher, 1762 Vizaleea, objected to the proposed Permit District, stating he should not have to pay for parking in front of his home. Lisa McCarthy stated this is Hempstead High School's problem and they should do something. As it is now, emergency vehicles can not even get through when students park closely on the nearby streets. Robert Cook, 1819 Vizaleea, spoke in support of the Residential Parking Permit District. Matt Zmudka, 1834 North Court and a student at Hempstead High School, spoke in opposition to the proposed district, stating the homeowners knew they would have parking problems living next to a school and establishing the district would push the problem to other streets. Sydney Smith, Hempstead Student Council President, spoke in opposition to the proposed Residential Parking Permrt District stating it was unfair to students as it made them walk further. Rose Manders, 1835 Vizaleea, spoke stating that the students are rude and act in retaliation. Howard Haigh, representing a nearby Hillcrest facility, spoke and stressed concerns for emergency vehicles accessibility. Dave Olson, 909 Spires Drive, Principal of Hempstead High School, stated that parking has been a long time, multi-faceted issue and the school is trying to address this but with a two year remodeling program there will be less space in the parking lots. Council discussed the ongoing parking issues near Hempstead and the students' need for respect of the neighborhood residents. An Ordinance amending the Code of Ordinances of the City of Dubuque, Iowa by adopting a new Section 32-401 providing for the designation of Vizaleea Drive from Pennsylvania Avenue to Keystone Drive and Keymont Drive from Keyway Drive to its westeriy terminus as a Residential Parking Permit District, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 57-06 AMENDING SECTION 32-262(d) OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, PROHIBITING PARKING ON DESIGNATED STREETS OR PORTIONS THEREOF BY ADDING A PORTION OF KEYMONT 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 to Subsection (d) of Section 32-262 the following: Keymont Drive, Both Sides, from Vizaleea Drive to its Westeriy Terminus. 334 Regular Session, August 7, 2006 Passed, adopted and approved this 7'h day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald newspaper this 20th day of September, 2006. Jeanne F. Schneider, City Clerk 1t 9/20 Connors 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 Lynch. Motion carried 7-0. Jones moved final consideration and passage of the Ordinance. Seconded by Braig. Motion carried 7-0. Cedar Street and Dog Track Wastewater Pumping Stations Improvement Project: Proof of publication on notice of hearing to consider adoption of the plans and specifications for the Cedar Street and Dog Track Wastewater Pumping Stations Improvement Project and City Manager recommending approval and award of the contract to Portzen Construction, in the amount of $1,400,000, with the possibility of a $100,000 deduction in the contract price for an alternative pump selection, presented and read. Michalski moved that the proof and communication be received and filed. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 361-06 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 5th day of July. 2006, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Cedar Street and Dog Track Lift Station Improvements 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 7'h day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Michalski moved adoption of the Resolution. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 362-06 AWARDING CONSTRUCTION CONTRACT FOR THE CEDAR STREET AND DOG TRACK LIFT STATION IMPROVEMENTS PROJECT Whereas, sealed proposals have been submitted by contractors for the Cedar Street and Dog Track Lift Station Improvements Project pursuant to Resoiution No. 292-06 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 7th day of July, 2006. Whereas, said sealed proposals were opened and read on the 28th day of July, 2006, and it has been determined that the bid of Portzen Construction Inc. of Dubuque, Iowa, in the amount of $ 1,400,000.00 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for 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 improvements be awarded to Portzen Construction Inc. 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 7th day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Michalski moved adoption of the Resolution. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 363-06 APPROVING CONSTRUCTION CONTRACT WITH PORTZEN CONSTRUCTION INC. FOR THE CEDAR STREET AND DOG TRACK LIFT STATION IMPROVEMENTS PROJECT Whereas, the City Council by Resolution No. 290-06 awarded the construction contract for the Cedar Street and Dog Track Lift Station Improvements Project to Portzen Construction Inc.; and Whereas, Portzen Construction Inc. 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 herebyapproved. 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 7th day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Regular Session, August 7, 2006 Michalski moved adoption of the Resolution. Seconded by Braig. Motion carried 7-0. National Mississippi River Museum and Aquarium Expansion Project I Former Adams Company Building Re-Roof and Structurai Repairs Project: Proof of publication on notice of hearing to consider adoption of the plans and specifications for the National Mississippi River Museum and Aquarium Expansion Project I Former Adams Company Building Re-Roof and Structural Repairs Project and City Manager recommending approval and award of the contract to Tricon General Construction, presented and read. Connors moved that the proof and communication be received and filed. Seconded by Michalski. Motion carried 7-0. RESOLUTION NO. 364-06 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS VVhereas, on the 7th day of July, 2006, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the National Mississippi River Museum and Aquarium Expansion Project - Former Adams Company Building Re-Roof and Structural Repairs 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 ?,h day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Connors moved adoption of the Resolution. Seconded by Michalski. Motion carried 7-0. RESOLUTION NO. 365-06 AWARDING CONSTRUCTION CONTRACT FOR THE NATIONAL MISSISSIPPI RIVER MUSEUM AND AQUARIUM EXPANSION PROJECT -- FORMER ADAMS COMPANY BUILDING RE-ROOF AND STRUCTURAL REPAIRS EDA PROJECT NO. 05-01-03816 Whereas, sealed proposals have been submitted by contractors for the Nationai Mississippi River Museum and Aquarium Expansion Project - Former Adams Company Building Re-roof and Structural Repairs EDA Project No. 05-01-03816 pursuant to Resolution No. 295-06 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 7th day of July, 2006. Whereas, said 335 sealed proposals were opened and read on the 27th day of July, 2006, and it has been determined that the bid of Tricon General Construction, Inc. of Dubuque, Iowa, in the amount of $411,220.00 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 Tricon General Construction, Inc. 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 7th day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Cierk Connors moved adoption of the Resolution. Seconded by Michalski. Motion carried 7-0. RESOLUTION NO. 366-06 APPROVING CONSTRUCTION CONTRACT WITH TRICON GENERAL CONSTRUCTION, INC. FOR THE NATIONAL MISSISSIPPI RIVER MUSEUM AND AQUARIUM EXPANSION PROJECT - FORMER ADAMS COMPANY BUILDING RE-ROOF AND STRUCTURAL REPAIRS EDA PROJECT NO, 05-01-0381 Whereas the City Council by Resolution No. 365-06 awarded the construction contract for the National Mississippi River Museum and Aquarium Expansion Project -- Former Adams Company Building Re-roof and Structural Repairs to Tricon General Construction, Inc.; and Whereas Tricon General Construction, Inc. 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 7th day of August, 2006. Roy D. Buoi, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 336 Regular Session, August 7. 2006 Connors moved adoption of the Resolution. Seconded by Michalski. Motion carried 7-0. Connors moved that the rules be reinstated limiting discussion to the Council. Seconded by Braig. Motion carried 7-0. ACTION ITEMS Sidewalk Installation Delay Request: City Manager recommending that the request of Mr. and Mrs. Michael Lombardi, 948 Spires Drive, and Mr. and Mrs. Richard Soens, 978 Spires Drive, to delay the installation of new public sidewalk ion the Knight Court side of their property be approved and that the City's sidewalk policy be amended, presented and read. Michalski moved that the communications be received and filed and approved recommendation and directed a policy amendment to reflect this change. Seconded by Connors. Motion carried 7-0. Liquor License - Gin Rickey's: City Manager recommending that the liquor license for Gin Rickey's be approved for a period of six months, presented and read. Connors moved that the communication be received and fiied. Seconded by Jones. Motion carried 5-2 with Braig and Jones voting Nay. Michalski spoke of concerns with the amount of Police calls to this business. Van Milligen stressed that the Police will monitor closely. RESOLUTION NO. 367-06 Whereas, an application for a Liquor License has been submitted to this Council for approval and the same has been examined and approved; and Whereas, the premises to be occupied by such applicant was 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 applicant a Liquor License. CLASS "CO LIQUOR LICENSE HE-FR LId Gin Rickey's 1447 Central Avenue Passed, approved and adopted this 7th day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Connors moved adoption of the Resolution. Seconded by Jones. Motion carried 5-2 with Braig and Jones voting Nay. Dubuque Screw Products, Inc.: City Manager submitting a request from Dubuque Screw Products, Inc. to assign the Purchase Agreement, but not the Development Agreement, approved by the City Council on June 19, 2006 to Beck Construction, Inc., presented and read. Cline moved that the communication be received and filed and approved request and the City Attorney authorized to finalize the non-material changes. Seconded by Connors. Motion carried 7-0. Fiscal Year 2007 Dubuque County REAP Plan: City Manager recommending approval of the City of Dubuque's update of the FY 2007 Dubuque County REAP Plan, submittal of the FY 2007 REAP grant application of $200,000 for the Trolley Line Trail at Eagle Point Park and appointment of a City Council representative (currently Council Member Joyce Connors) to the REAP Committee. presented and read. Michalski moved that the communication be received and filed and approved recom- mendation and reappointment of Joyce Connors. Seconded by Cline. Motion carried 7- O. RESOLUTION NO. 368-06 RESOLUTION AUTHORIZING A REAP GRANT APPLICATION TO THE IOWA DEPARTMENT OF NATURAL RESOURCES FOR TROLLEY LINE TRAIL Whereas, the City of Dubuque has identified the Trolley Line Trail as an important recreational facility to be developed as part of the City's commitment to a citywide bike/hike network adopted by the City of Dubuque in 1995; and Whereas, the Iowa Department of Natural Resources has allocated grant funds in the REAP (Resource Enhancement and Protection) Program for the development of bikelhike trails; and Whereas, the City of Dubuque has adopted a Comprehensive Plan that includes goals for development of bike/hike trails. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Mayor hereby is authorized to sign and the Planning Services Manager is hereby authorized to submit an application to the Iowa Department of Natural Resources for REAP funds for the Trolley Line Trail. Section 2. That in the event said application is approved, the City Council hereby provides its written assurance that the completed project will be adequately maintained for its intended use in accordance with state requirements. Passed, approved and adopted this 7th day of August, 2006. Roy D. Buol, Mayor Regular Session, August 7, 2006 Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Ciine. Motion carried 7-0. Iowa League of Cities' Legislative Issues Survey: City Manager recommending approval of the City's response to the Iowa League of Cities' Legislative Issues Survey, presented and read. Cline moved that the communication be received and fiied and approved response. Seconded by Connors. Motion carried 7-0. COUNCIL MEMBER REPORTS Ann Michalski stated that an article in the New York Times sounded amazingly like Dubuque. Roy D. Buol stated that the people at the Kiwanis Convention were impressed with Dubuque. Ric Jones stated there were 600+ people at the Kiwanis Convention who were very impressed with Dubuque and want to come back again next year. At 8:37 P.M. Cline moved to go into Closed Session: re: Pending Litigation and Property Acquisition - Chapter 21.5(1)(c)0) 2005 Code of Iowa. Seconded by Connors. Motion carried 7- O. At 9:01 P.M. Council reconvened stating that Staff had been given proper direction. There being no further business, Cline moved to adjourn. Seconded by Connors. Motion carried 7-0. The meeting adjourned at 9:02 P.M. /s/ Jeanne F. Schneider, CMC City Clerk 118/16 Approved: Adopted Attest: City Clerk Mayor Councii Members 337 2006 2006 338 Special Session, August 21, 2006 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, August 21, 2006 Council met in Special Session at 6:00 P.M. in the Library Auditorium Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski, City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of meeting with the Human Rights Commission to receive an update on ADA Accessibility. Jim Jarrard, Chair of the Human Rights Commission and Judy Giesen, Chair of the Human Rights ADA Subcommittee, reported on ADA accessibility in Dubuque. Giesen stressed the importance of the Americans with Disabilities Act law, the difficulty of a voiunteer group to get the job done, and stated that a staff person shouid be assigned to address this issue. She also requested consideration of hanging "Proudly Accessible" banners in Dubuque. Council discussed the importance of this project, the responsibility of the Commission, and the possibility of available tax credits and other incentives to promote accessibility issues. There being no further business, Michalski moved to adjourn. Seconded by Cline. Motion carried 7-0. The meeting adjourned at 6:29 P.M. /s/ Jeanne F. Schneider, CMC City Clerk 1t 8/30 Approved: 2006 Adopted 2006 Mayor Council Members Attest: City Clerk Regular Session, August 21, 2006 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, August 21, 2006 Council met in Regular Session at 6:00 P.M. in the Library Auditorium Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski, City Manager Van Milligen, City Attorney Lindahl Mayor Buol 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 Deacon Dave McGhee 01 Nativity Catholic Church. CONSENT ITEMS Minutes and Reports Submitted: Cable Teleprogramming Commission of 6/6; City Council of 817; Civil Service of 6/2, 6/6 and 6/30' Historic Preservation Commission of 7120: Housing Code Appeals Board of 3/2; library Board of Trustees of 4/27, 6/22 and 717; Zoning Advisory Commission of 8/2, presented and read. Cline moved that the minutes be received and filed. Seconded by Connors. Motion carried 7-0. Proofs of publication of City Council Proceedings of July 17, 2006 and List of Claims and Summary of Revenues for month ending June 30, 2006, presented and read. Cline moved that the proofs be received and filed. Seconded by Connors. Motion carried 7-0. Notice of Claims/Suits: Louise Ehlinger for personal injury, presented and read. Cline moved that the claim/suit be received and filed and referred to the City Attorney for investigation/report. Seconded by Connors. Motion carried 7-0. City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Louise Ehlinger for personal injury; Milton Ernst for property damage; Emily Freiberger for property damage, presented and read. Cline moved that the communications be received and filed and concurred. Seconded by Connors. Motion carried 7-0. 339 Request to Purchase: Communication from John Gronen requesting to purchase a portion of a City-owned alley abutting his property at 1798 Washington Street, presented and read. Cline moved that the communication be received and filed and referred to the City Manager. Seconded by Connors. Motion carried 7-0. Green Dubuque: Communication from Jake Werner, 640 Lorimer, regarding the desire for a green Dubuque and a sustainable future for the City, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. Residential Parking Permit District: Communication from Dorothy and Lisa McCarthy, 1797 Vizaleea Drive, in appreciation of the City Council's support for the Residential Parking Permit District, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. Certificate of Completion - Marke, LLC (Vessel Systems): Clly Manager recommending approval of the issuance of a Certificate of Completion to Marke, LLC (Vessel Systems) in the Dubuque Industrial Center West acknowledging completion of their obligations to construct Minimum Improvements, presented and read. Cline moved that the communication be received and filed and approved recommendation. Seconded by Connors. Motion carried 7-0. PEG Access Capital Grant Expenditure: City Manager recommending approvai of a $5,000 grant from the Capital Grant for Access Equipment and Facilities Fund to Wahlert High School/Holy Famiiy Schools for a new digital camcorder and $5,070 to Medlacom's Public Access Studio for a camcorder shoulder brace and wireless intercom system, presented and read. Cline moved that the communication be received and filed and approved recommendation. Seconded by Connors. Motion carried 7-0. Legislative Correspondence: Communication to Senator Charles Grassley, Senator Tom Harkin and Congressman Jim Nussle regarding the RIGHT Act, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. Asbury Road Widening: City Manager recommending approval of the acquisition plats and acceptance of the proposed right-of-way from the Church of the Resurrection OHO Properties, AAP Partners and Sam'~ Real Estate Business Trust, presented and read. 340 Regular Session, August 21, 2006 Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 369-06 A RESOLUTION APPROVING THE ACQUISITION PLAT OF A PART OF LOT 1 OF DR. Q'S PLACE IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA AND ACCEPTING THE DEDICATION OF RIGHT-OF-WAY FOR ASBURY ROAD Whereas, the City of Dubuque entered into a Development Agreement with QHQ Properties pursuant to which they agreed to survey, plat, and dedicate right-of-way along the north side of Asbury Road to the City of Dubuque; and Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, an Acquisition Plat of a part of Lot 1 of Dr. Q's Place in the City of Dubuque, Iowa, dated April 24, 2006, prepared by Buesing & Associates; and Whereas, upon said plat of Lot A of Dr. Q's Place in the City of Dubuque, Dubuque County, Iowa, appears right-of-way and public utility easements, which the owner, by said Acquisijion Plat, has dedicated to the public forever; and Whereas, the Acquisition Plat conforms to the laws and statues pertaining thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Lot A of Dr. Q's Place in the City of Dubuque, Dubuque County, Iowa, for right-of-way and public utilities as they appear upon said Acquisition Plat, be and the same are hereby accepted. Section 2. That the Acquisition Plat is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to execute the Plat for and on behalf of the City of Dubuque, Iowa. Section 3. That the City Clerk is hereby authorized and directed to file the Acquisition Plat and a certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 21" day of August, 2006. Roy D. Buol, Mayor Allest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 370-06 A RESOLUTION APPROVING THE ACQUISITION PLAT OF A PART OF LOT 1 OF AAP PLACE IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA AND ACCEPTING THE DEDICATION OF RIGHT-OF-WAY FOR ASBURY ROAD Whereas, the City of Dubuque entered into a Development Agreement with AAP Partners pursuant to which they agreed to survey, plat, and dedicate right-of-way along the north side of Asbury Road to the City of Dubuque; and Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, an Acquisition Plat of a part of Lot 1 of AAP Place in the City of Dubuque, Iowa, dated April 24, 2006, prepared by Buesing & Associates; and Whereas, upon said piat of Lot A of AAP Place in the City of Dubuque, Dubuque County, Iowa, appears right-of-way and public utility easements, which the owner, by said Acquisition Plat, has dedicated to the public forever; and Whereas, the Acquisition Piat conforms to the laws and statues pertaining thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Lot A of AAP Place in the Cijy of Dubuque, Dubuque County, Iowa, for right-of-way and public utilities as they appear upon said Acquisition Plat, be and the same are hereby accepted. Section 2. That the Acquisition Plat is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to execute the Piat for and on behalf of the City of Dubuque, Iowa. Section 3. That the City Clerk is hereby authorized and directed to file the Acquisition Plat and a certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 21" day of August, 2006. Roy D. Buol, Mayor Allest: Jeanne F. Schneider. CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 371-06 A RESOLUTION APPROVING THE ACQUISITION PLAT OF A PART OF LOT 2 OF SAM'S PLACE IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA AND ACCEPTING THE DEDICATION OF RIGHT-OF-WAY FOR ASBURY ROAD Whereas, the City of Dubuque entered into a Development Agreement with Sam's Real Estate Business Trust pursuant to which they agreed to survey, plat, and dedicate right-of-way along the north side of Asbury Road to the City of Dubuque; and Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, an Acquisition Plat of a part of Lot 2 of Sam's Place in the City of Dubuque, Iowa, dated June 28, 2006, prepared by Buesing & Associates; and Whereas, upon said plat of Lot A of Sam's Place in the City of Dubuque, Dubuque County, Regular Session, August 21, 2006 Iowa, appears right-of-way and public utility easements, which the owner, by said Acquisition Plat, has dedicated to the public forever; and Whereas, the Acquisition Plat conforms to the laws and statues pertaining thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Lot A of Sam's Place in the City of Dubuque, Dubuque County, Iowa, for right-of-way and public utilities as they appear upon said Acquisition Plat, be and the same are hereby accepted. Section 2. That the Acquisition Plat is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to execute the Plat for and on behalf of the City of Dubuque, Iowa. Section 3. That the City Clerk is hereby authorized and directed to file the Acquisition Plat and a certified copy of this resoiution in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 21" day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 372-06 A RESOLUTION APPROVING THE ACQUISITION PLAT OF A PART OF LOT 1 OF SAM'S PLACE IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA AND ACCEPTING THE DEDICATION OF RIGHT-OF-WAY FOR ASBURY ROAD Whereas, the City of Dubuque entered into a Development Agreement with QHQ Properties pursuant to which they agreed to survey, plat, and dedicate right-of-way along the north side of Asbury Road to the City of Dubuque; and Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, an Acquisition Plat of a part of Lot 1 of Sam's Place in the City of Dubuque, Iowa, dated April 24, 2006, prepared by Buesing & Associates; and Whereas, upon said plat of Lot B of Sam's Place in the City of Dubuque, Dubuque County, Iowa, appears right-of-way and public utility easements, which the owner, by said Acquisition Plat, has dedicated to the public forever; and Whereas, the Acquisition Plat conforms to the laws and statues pertaining thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Lot B of Sam's Place in the City of Dubuque, Dubuque County, Iowa, for right-of-way and public utilities as they appear upon said Acquisition Plat, be and the same are hereby accepted. 341 Section 2. That the Acquisition Plat is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to execute the Plat for and on behalf of the City of Dubuque, Iowa. Section 3. That the City Clerk is hereby authorized and directed to file the Acquisition Plat and a certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 21" day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 373-06 A RESOLUTION APPROVING THE ACQUISITION PLAT OF A PART OF LOT 1 OF CHURCH PLACE NO. 2 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA AND ACCEPTING THE DEDICATION OF RIGHT- OF-WAY FOR ASBURY ROAD Whereas, the City of Dubuque entered into a Development Agreement with the Church of the Resurrection, Inc. pursuant to which they agreed to survey, plat, and dedicate right-of-way along the north side of Asbury Road to the City of Dubuque; and Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, an Acquisition Plat of a part of Lot 1 of Church Place NO.2 in the City of Dubuque, Iowa, dated April 24, 2006, prepared by Buesing & Associates; and Whereas, upon said plat of Lot A of Church Place NO.2 in the City of Dubuque, Dubuque County, Iowa, appears right-of-way and public utility easements, which the owner, by said Acquisition Plat, has dedicated to the public forever; and Whereas, the Acquisition Plat conforms to the laws and statues pertaining thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Lot A of Church Place No. 2 in the City of Dubuque, Dubuque County, Iowa, for right-of-way and public utilities as they appear upon said Acquisition Plat, be and the same are hereby accepted. Section 2. That the Acquisition Plat is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to execute the Plat for and on behalf of the City of Dubuque, Iowa. Section 3. That the City Clerk is hereby authorized and directed to file the Acquisijion Plat and a certified copy of this resolution in the 342 Regular Session, August 21, 2006 office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 21" day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Dubuque Main Street, Ltd.: City Manager recommending approval of an agreement between the Iowa Department of Economic Development, the City of Dubuque, and Dubuque Main Street, Ltd., for the purpose of continuing the Main Street Program in Dubuque, presented and read. Michalski moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 374-06 RESOLUTION OF SUPPORT AND FINANCIAL COMMITMENT FOR THE MAIN STREET PROGRAM IN DUBUQUE Whereas, an Agreement between the Iowa Department of Economic Development, Dubuque Main Street, Ltd. and the City of Dubuque for the purpose of continuing the Main Street Iowa program in Dubuque; and Whereas, this Agreement is pursuant to contractual agreements between the National Trust for Historic Preservation and the Iowa Department of Economic Development to assist in the revitalization of the designated Main Street project area of Dubuque Iowa; and Whereas, the City Council of Dubuque endorses the goal of economic revitalization of the Downtown within the context of preservation and rehabilitation of its historic buildings and supports the continuation of the Main Street Four Point Approach as developed by the National Trust for Historic Preservation and espoused by Main Street Iowa. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, meeting in regular session on August 21, 2006, that the City of Dubuque hereby agrees to support both financially and philosophically the work of Dubuque Main Street, Ltd. and designates the Main Street Board to supervise the Program Director. Passed, approved and adopted this 21st day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Michalski moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Collective Bargaining Agreement: City Manager recommending approval of a collective bargaining agreement between the City of Dubuque and the Teamsters Local Union No. 421, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 375-06 APPROVING THE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA, AND THE TEAMSTERS LOCAL UNION NO. 421 AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT Whereas, the Sixty-Fifth General Assembly adopted the Public Employment Relations Act, Chapter 20, Code of Iowa; and Whereas, the City of Dubuque is a public employer within the meaning of Section 3 (1) of the Public Employment Relations Act; and Whereas, the Teamsters Local Union No. 421 is an employee organization within the meaning of Section 3 (4) of the Public Employment Relations Act; and Whereas, the Teamsters Local Union No. 421, submitted a request to bargain collectively on behalf of the employees within its representation; and Whereas, bargaining between the parties has occurred and an agreement has been concluded. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the terms of the agreement be approved and the Mayor authorized and directed to sign the collective bargaining agreement. Passed, approved and adopted this 21 st day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resoiution. Seconded by Connors. Motion carried 7-0. Carnegie Stout Public Library: Communi- cations in support of the restoration and renovation plans of the Carnegie Stout Public Library, presented and read. Cline moved that the communications be received and filed. Seconded by Connors. Motion carried 7-0. iowa Department of Transportation: Notification from the Iowa Department of Transportation that a HMA (Hot Mix Asphalt) Joint and Crack Sealing Project on US 20 from Old Highway Road east to the Northwest Arterial will be let on November 21, 2006, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. Improvement Contracts / Performance, Payment and Maintenance Bonds: 2006 Grandview Avenue Concrete Section Repair Project and Northwest Arterial Hike/Bike Trail Phase I Project, presented and read. Cline Regular Session, August 21, 2006 moved that the communications be received and filed. Seconded by Connors. Motion carried 7-0. Business License Refund: Refund of Isabella's at the Ryan House, LLC liquor license In the amount of $168.75, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. Liquor License Transfer: Transfer of the liquor license of the Rotary Club of Dubuque from the Grand Opera House to the Port of Dubuque for the Rock and Soul Reunion II, presented and read. Cline moved that the communication be received and filed and approved transfer. Seconded by Connors. Motion carried 7-0. Business Licenses: RESOLUTION NO. 376-06 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the following having compiled 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. 2 NEW Clark of Dubuque Shahid Mahmood 700 Rhomberg Ave Gin Rickeys Hefel/Frommelt LLC 1447 Central Ave Passed, approved and adopted this 21 st day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 377-06 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the following having compiled 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. 2 RENEWALS Murph's Southend Tap Pam Murphy 55 Locust St Rick Shannon 521 E. 22nd St Passed, approved and adopted this 21st day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. \ Shannons Bar 343 RESOLUTION NO. 378-06 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) Riverfest Special Events Riverfest Special Event+(Sunday/Outdoor Sale) 7th & Main CLASS "C" BEER PERMIT CSC Gas Inc Clark of Dubuque+ (Sunday Sale) 700 Rhomberg Rainbo Oil Company Kwik Stop Food Mart+(Sunday Sale) 2255 Kerper Sid's Beverage Sid's Beverage+ (Sunday Sale) 2727 Dodge St TFM Company Oky Doky # 6+ (Sunday Sale) 1256 Iowa St Passed, approved and adopted this 21st day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 379-06 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 Haggerty Enterprises, Inc Ten Pin Tap+ (Sunday Sale) 601 Rhomberg Av Chad's Bar LLC Total Chaos+ (Sunday Sale) 1700 Central Av Courtside, Inc Courtside Sports Bar/Grill+ (Sunday/Outdoor Sale) 2095 Holiday Dr Clarke College Clarke College+ (Sunday/Outdoor Sale) 1550 Clarke Dr Fraternal Order of Eagles Eagle Club (1 Day Outdoor Sale) 1175 Century Dr CLASS "B" WINE 344 Regular Session, August 21, 2006 TFM Co. Oky Doky # 6 1256 10waSt Sid's Sid's Beverage 2727 Dodge St Passed, approved and adopted this 21 st day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. ITEMS TO BE SET FOR PUBLIC HEARING Loras College - Request to Vacate: City Manager recommending that a public hearing be set for September 5, 2006 to consider a request from Loras College to vacate and purchase a portion of a City-owned alley between West 16th Street and West 17th Street west of Catherine Street, presented and read. Lynch moved that the communication be received and filed. Seconded by Braig. Motion earned 7-0. RESOLUTION NO. 380-06 RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN LOT 44A OF YATES' SUBDIVISION OF OUTLOTS 780 AND 713 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY,IOWA Whereas, Loras College has requested the vacating and disposal of the westerly 30 feet of the alley between West 16th Street and West 17'h Street west of Catherine Street; and Whereas, IIW Engineers & Surveyors, PC has prepared and submitted to the City Council a plat showing the vacated portion of westerly 30 feet of the alley between West 16'h Street and West 17'h Street west of Catherine Street and assigned a lot number thereto, which hereinafter shall be known and described as Lot 44A of Yates' Subdivision of Outlots 780 and 713 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 44A of Yates' Subdivision of Outlots 780 and 713 in the City of Dubuque, Dubuque County, Iowa. Section 2. That the conveyance of Lot 44A of Yates' Subdivision of Outlots 780 and 713 in the City of Dubuque, Dubuque County, Iowa, to Loras College be contingent upon the payment of $1 ,290.00, plus platting, publication, and filing fees. Section 3. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to vacate and dispose of said reai estate to be published in the manner as prescribed by law. Passed, approved and adopted this 21'1 day of August, 2006. Roy D. Buol, Mayor Attest; Jeanne F. Schneider, CMC, City Clerk Lynch moved adoption of the Resolution and set this for public hearing on Tuesday, 9/5/06, 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 Braig. Motion carried 7-0. Vacate Unnamed Road Off of Rosedale Avenue; City Manager recommending that a pUblic hearing be set for September 5, 2006 to consider vacating a portion of an unnamed street off of Rosedale Avenue, presented and read. Lynch moved that the communication be received and filed. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 381-06 RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN AN UNNAMED ROAD SOUTH OF ROSEDALE AVENUE NEAR GLEN OAK STREET TO BE DESCRIBED AS LOTS D, E, F AND G OF ROSE DALE ADDITION NO.2 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, the Engineering Department has requested the vacating and disposal of an unnamed road south of Rosedale Avenue near Glen Oak Street; and Whereas, the Engineering Department has prepared and submitted to the City Council plats showing the vacated portion of an unnamed road south of Rosedale Avenue near Glen Oak Street and assigned lot numbers thereto, which hereinafter shall be known and described as Lots D, E, F and G of Rosedaie Addition NO.2 in the City of Dubuque, Dubuque County, Iowa; and Whereas, the City Council of the City of Dubuque, iowa has determined that this unnamed road south of Rosedale Avenue near Glen Oak Street 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 as Lots D, E, F and G of Rosedale Addition NO.2 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 D, E, F and G of Rosedale Addition No.2 in the City of Dubuque, Dubuque County, Iowa. Section 2. That the conveyance of Lot D of Rosedale Addition No.2 in the City of Dubuque, Dubuque County, iowa, to Robert C. and Mary Regular Session, August 21, 2006 E. Timmerman be contingent upon the payment of $300.00, plus publication and filing fees. Section 3. That the conveyance of Lot E of Rosedale Addition NO.2 in the City of Dubuque, Dubuque County, Iowa, in the City of Dubuque, Iowa, to Michael J. and Sonya A. Bryson be contingent upon the exchange of properties. Section 4. That the conveyance of Lot F of Rosedale Addition NO.2 in the City of Dubuque, Dubuque County, Iowa, to John B. and Dana M. Priest be contingent upon the payment of $300.00, plus publication and filing fees. Section 5. That the conveyance of Lot G of Rosedale Addition No.2 in the City of Dubuque, Dubuque County, Iowa, to Blum Properties be contingent upon the payment of $1.00, plus publication and filing fees. Section 6. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to vacate and dispose of said real estate to be published in the manner as prescribed by law. Passed, approved and adopted this 21 ~ day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Lynch moved adoption of the Resolution and set this for public hearing on Tuesday, 9/5/06, 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 Braig. Motion carried 7-0. Fourth Street Extension Vacating: City Manager recommending that a public hearing be set for September 5, 2006 to consider vacating the Fourth Street Extension to reconstruct the street in this area to provide access to the Shot Tower and parking areas adjacent to the brewery, presented and read. Lynch moved that the communication be received and filed. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 382-06 RESOLUTION OF INTENT TO VACATE LOT W IN DUBUQUE HARBOR IMPROVEMENT COMPANY ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, the City of Dubuque Engineering Department has requested the vacating of Fourth Street Extension; and Whereas, WHKS & Co. has prepared and submitted to the City Council a plat showing the vacated Fourth Street Extension, except for reserving the utility easements as noted, and assigned a lot number thereto, which hereinafter shall be known and described as Lot W in Dubuque Harbor Improvement Company Addition in the City of Dubuque, Dubuque County, Iowa, should be approved. 345 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 Lot W in Dubuque Harbor Improvement Company Addition in the City of Dubuque, Dubuque County, Iowa. Section 2. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to vacate of said real estate to be published in the manner as prescribed by law. Passed, approved and adopted this 21~ day of August, 2006. Roy D. Buoi, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Lynch moved adoption of the Resolution and set this for pUblic hearing on Tuesday, 9/5/06, at a meeting to commence at 6:30 P.M. in the public library audilorium and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Braig. Motion carried 7-0. Voluntary Annexation Request: City Manager recommending that a public hearing be set for September 18, 2006 to consider a request from Dubuque Bank and Trust to voluntarily annex property located at 2690 Rockdale Road into the City of Dubuque in conjunction with rezoning to C-3 General Commercial District, presented and read. Lynch moved to receive and file the communication and set public hearing for 9/18/06 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 Braig. Motion carried 7-0. Asbury Road Eastbound Lane Widening Project: City Manager recommending initiation of the public bidding process for the Asbury Road Eastbound Lane Widening Project and that a public hearing be set for September 18, 2006, presented and read. Lynch moved that the communication be received and filed. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 383-06 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 Asbury Road Eastbound Lane Widening Project, in the estimated amounts of $119,500 for Phase I and $114,000 for Phase II are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 21~ day of August, 2006. Roy D. Buol, Mayor 346 Regular Session, August 21, 2006 Attest: Jeanne F. Schneider, CMC, City Clerk Lynch moved adoption of the Resolution, Seconded by Braig, Motion carried 7-0, RESOLUTION NO, 384-06 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Councii 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 Asbury Road Eastbound Lane Widening 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 18'" day of September, 2006, 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 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 21" day of August, 2006, Roy D, Buol, Mayor Attest: Jeanne F, Schneider, CMC, City Clerk Lynch moved adoption of the Resolution, Seconded by Braig, Motion carried 7-0, RESOLUTION NO. 385-06 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Asbury Road Eastbound Lane Widening 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 12'h day of September, 2006, 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 18'h day of September, 2006, Passed, adopted and approved this 21" day of August, 2006, Roy D, Buol, Mayor Attest: Jeanne F, Schneider, CMC, City Clerk Lynch moved adoption of the Resolution, Seconded by Braig, Motion carried 7-0, Pyatigorsk Park Parking Lot Project: City Manager recommending initiation of the public bidding process for the Pyatigorsk Park Parking Lot Project and that a publiC hearing be set for September 18, 2006, presented and read, Lynch moved that the communication be received and filed, Seconded by Braig, Motion carried 7-0, RESOLUTION NO. 386-06 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 Pyatigorsk Park Parking Lot Project, in the estimated amount of $45,000, are hereby approved and ordered filed in the office of the City Clerk, for public inspection, Passed, approved and adopted this 21 st day of August, 2006, Roy D, Buol, Mayor Attest: Jeanne F, Schneider, City Clerk Lynch moved adoption of the Resolution, Seconded by Braig, Motion carried 7-0, RESOLUTION NO. 387-06 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 Pyatigorsk Park Parking Lot Project, NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, that on the 18th day of September, 2006, 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 pians 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 less than four days nor more than twenty days prior Regular Session, August 21, 2006 to the day fixed for its consideration. At the hearing, any interested person may appear and file objections to the proposed pians, specifications, contract, or estimated cost of the improvement. Passed, approved and adopted this 21st day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Lynch moved adoption of the Resolution. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 388-06 ORDERING BIDS BE iT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Pyatigorsk Park Parking Lot 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 pubiished 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 7th day of September, 2006. 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 18th day of September, 2006. Passed, approved and adopted this 21st day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Lynch moved adoption of the Resolution. Seconded by Braig. Motion carried 7-0. BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Boards/Commissions: Housing Commission: (Three 3-year at-large terms through 8/17/09 - terms of Culbertson, Holz and Grant) Additional Applicants: Linda Frommelt, Rachel M. Savage Ms. Frommelt and Ms. Savage both spoke requesting consideration for appointment. Appointments to the following Boards / Commissions: Environmental Stewardship Advisory Commission (One 1-year youth term - term of Miller) Applicant: Claire Miller Connors moved that Claire Miller be reappointed to a one 347 year term which will expire 6/1/07. Seconded by Michalski. Motion carried 7-0. Housing Advisory Trust Fund Committee (One 3-year at-large term through 8/17/09 - term of Hingtgen) Applicant: Doris M. Hingtgen Michalski moved that Doris M. Hingtgen be reappointed to a three year term to expire on 8/17/09. Seconded by Lynch. Motion carried 7- O. Housing Commission (Three 3-year at-large terms through 8/17/09 - terms of Culbertson, Holz and Grant and one 3-year Section 8 term through 8/17/09 - term of Plein) At-Large Applicants: Dorothy A. Culbertson, Jim Holz and additional applicants Linda Frommelt and Rachel M. Savage. Vote on the appointments was as follows: Michalski voted for Culbertson, Holz and Savage. Braig voted for Culbertson, Holz and Savage. Buol voted for Culbertson, Holz and Savage. Cline voted for Culbertson, Holz and Savage. Connors voted for Culbertson, Holz and Frommelt. Jones voted for Culbertson, Holz and Savage. Lynch voted for Culbertson, Frommelt and Savage. Therefore, Dorothy A. Culbertson and Jim Holz were reappointed and Rachel M. Savage was appointed to three year terms on the Housing Commission which will expire 8/17/09. Section 8 Applicant: John J. Plein; Michalski moved that John J. Plein be reappointed to a three year term on the Housing Commission which will expire 8/17/09. 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 Cline. Motion carried 7-0. 4905 Old Highway Road - Request to Rezone: Proof of publication on notice of hearing to consider amending Appendix A (the Zoning Ordinance) by reclassifying property located at 4905 Old Highway Road from R-3 Moderate Density Multi-Family Residential District to C-3 General Commercial District as requested by David Bleile and Zoning Advisory Commission recommending approval, presented and read. Michalski moved that the proof and communication be received and filed. Seconded by Jones. Motion carried 7-0. David Bleile spoke in favor of the requested rezoning. An Ordinance Amending Appendix A (the Zoning Ordinance) by reclassifying hereinafter described property located at 4905 Old Highway Road from R-3 Moderate Density Multi-Family Residential District to C-3 General Commercial District, presented and read. 348 Regular Session, August 21, 2006 OFFICIAL PUBLICATION ORDINANCE NO. 58-06 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRI- BED PROPERTY LOCATED AT 4905 OLD HIGHWAY ROAD FROM R-3 MODERATE DENSITY MULTI-FAMILY RESIDENTIAL DISTRICT TO C-3 GENERAL COMMERCIAL 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 hereinafter-described property from R-3 Moderate Density Multi-Family Residential District to C-3 General Commercial District , to wit: Westerly 125' of Lot 2 of 1 of 1 of 1 SW Yo SE Yo Section 29, 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 21 st day of August 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 28th day of August, 2006. Jeanne F. Schneider, City Clerk 1t8/28 Michalski 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 Jones. Motion carried 7-0. Michalski moved final consideration and passage of the Ordinance. Seconded by Braig. Motion carried 7-0. Seippel Court - Request to Rezone: Proof of publication on notice of hearing to consider amending Appendix A (the Zoning Ordinance) by reclassifying property located on Seippel Court from R-2 Two-Family Residential District to CS Commercial Service and Wholesale District as requested by Brian Lammers / Tri- State Development Company and Zoning Advisory Commission recommending approval, presented and read. Connors moved that the proof and communication be received and filed. Seconded by Braig. Motion carried 7-0. Brian Lammers spoke in favor of the requested rezoning. An Ordinance Amending Appendix A (the Zoning Ordinance) by reclassifying hereinafter described property located on Seippel Court from R-2 Two-Family Residential District to CS Commercial Service and Wholesale District, presented and read. OFFICIAL PUBLICATION ORDINANCE NO, 59-06 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRI- BED PROPERTY LOCATED AT SEIPPEL COURT FROM R-2 TWO-FAMILY RESIDENTIAL DISTRICT TO CS COMMERCIAL SERVICE AND WHOLESALE 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 hereinafter-described property from R-2 Two-Family Residential District to CS Commercial service and Wholesale District, to wit: North 40.09' of Lot 2 and Lot 3 Seippel Road Commercial Park, Plat 2, 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 21st day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 28th day of August, 2006. Jeanne F. Schneider, City Clerk 1t 8/28 Connors 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 Braig. Motion carried 7-0. Connors moved final consideration and passage of the Ordinance. Seconded by Jones. Motion carried 7-0. Conlon Johnson Deveiopment LLC Development Agreement: Proof of publication on notice of hearing to consider approval of a Regular Session, August 21, 2006 Development Agreement providing for the sale of 4.694 acres of land in Dubuque Technology Park to Conlon Johnson Development LLC for construction of a 22,000 square foot office building and City Manager recommending approval, presented and read. Connors moved that the proof and communication be received and filed. Seconded by Cline. Motion carried 7- O. Marty Johnson of Straka Johnson Architects spoke in favor of the Development Agreement and sale. RESOLUTION NO, 389-06 RESOLUTION APPROVING A DEVELOP- MENT AGREEMENT PROVIDING FOR THE SALE OF LOT 4 BLOCK 1 DUBUQUE TECHNOLOGY PARK IN THE CITY OF DUBUQUE, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF AND LOT 1 OF DUBUQUE TECHNOLOGY PARK NO. 2 TO CONLON JOHNSON DEVELOPMENT, LLC. Whereas, the City Council, by Resolution No. 354-06, dated August 7, 2006, declared its intent to enter into a Development Agreement with Conlon Johnson Development, LLC for the sale of Lot 4 Block 1 Dubuque Technology Park in the City of Dubuque, Iowa, according to the recorded plat thereof and Lot 1 of Dubuque Technology Park No.2 (the Property); and Whereas, pursuant to published notice, a public hearing was held on the proposed disposition on August 21, 2006 at 6:30 p.m. at the Carnegie-Stout Public Library Auditorium, 360 W. 11th Street, Dubuque, Iowa.; and Whereas, it is the determination of the City Council that approval of the Development Agreement for the sale to and development of the Property by Conlon Johnson Development, LLC according to the terms and conditions set out in the Development Agreement is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the attached Development Agreement by and between the City of Dubuque and Conlon Johnson Development, LLC for the sale of the Property is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute the Development Agreement on behalf of the City and City Clerk is authorized and directed to attest to his signature. Section 3. That the Mayor and City Clerk are hereby authorized and directed to execute and deliver a Special Warranty Deed for the Property as provided In the Development Agreement. Section 4. That the City Manager is authorized to take such actions as are necessary to comply with the terms of the Development Agreement as herein approved. 349 Passed, approved and adopted this 21 st day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Connors moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. Expansion of First Supply LLC: Proof of publication on notice of hearing to consider approval of a Development Agreement with First Supply LLC and the sale of five acres of land in Dubuque Industrial Center West 5th Addition for construction of a 30,000 square foot distribution warehouse and City Manager recommending approval, presented and read. Connors moved that the proof and communication be received and filed. Seconded by Michalski. Motion carried 7-0. Dave Prahler, Vice President of First Supply, spoke in favor of the Development Agreement and sale. RESOLUTION NO. 390-06 RESOLUTION APPROVING A DEVELOP. MENT AGREEMENT PROVIDING FOR THE SALE OF LOT 1 OF 3 OF DUBUQUE INDUSTRIAL CENTER WEST 5TH ADDITION IN THE CITY OF DUBUQUE, IOWA, TO FIRST SUPPLY, LLC. Whereas, the City Council, by Resolution No. 360-06, dated August 7, 2006, declared its intent to enter into a Development Agreement with First Supply, LLC for the sale of Lot 1 of 3 of Dubuque Industrial Center West 5th Addition in the City of Dubuque, Iowa (the Property); and Whereas, pursuant to published notice, a public hearing was held on the proposed disposition on August 21, 2006 at 6:30 p.m. at the Camegie-Stout Public Library Auditorium, 360 W. 11th Street, Dubuque, Iowa; and Whereas, it is the determination of the City Council that approval of the Development Agreement for the sale to and development of the Property by First Supply, LLC according to the terms and conditions set out in the Development Agreement is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the attached Development Agreement by and between the City of Dubuque and First Supply, LLC for the sale of the Property is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute the Development Agreement on behalf of the City and City Clerk is authorized and directed to attest to his signature. 350 Regular Session, August 21, 2006 Section 3. That the Mayor and City Clerk are hereby authorized and directed to execute and deliver a Special Warranty Deed for the Property as provided in the Development Agreement. Section 4. That the City Manager is authorized to take such actions as are necessary to comply with the terms of the Development Agreement as herein approved. Passed, approved and adopted this 21st day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Connors moved adoption of the Resolution. Seconded by Michalski. Motion carried 7-0. Greater Downtown Urban Renewal Plan: Proof of pUblication on notice of hearing to consider an Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District to extend the boundaries of the District and City Manager recommending approval, presented and read. Jones moved that the proof and communication be received and filed. Seconded by Michalski. Motion carried 7- O. Rhodes "Bud" Isenhart, 8968 Quail Ridge Court, spoke objecting to the proposed use of TIF funds. Clarification of proposed plans concerning the Federal Building and parking issues was given by City Manager Michael C. Van Milligen and Economic Development Director David Heiar. RESOLUTION NO. 391-06 A RESOLUTION APPROVING THE AMENDED AND RESTATED URBAN RENEWAL PLAN FOR THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT Whereas, on July 17, 2006 the City Council of the City of Dubuque, Iowa authorized the preparation of an Amended and Restated Urban Renewal Plan (the "Plan") for the Downtown Dubuque Urban Renewal District (the "District"); and Whereas, the City of Dubuque's primary objective in amending this Plan is to provide opportunities for further redevelopment and reinvestment in the downtown; and Whereas, the Long Range Planning Commission has reviewed the proposed Plan and has found that said document is consistent with the Comprehensive Plan for the development of the City of Dubuque as a whole and has transmitted its findings to the City Council; and Whereas, a consultation process has been undertaken with affected taxing entitles in accordance with Chapter 403 of the Code of Iowa with no written objections or recommended changes to the Plan received; and Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has heid a public hearing on the proposed amended and restated Plan after public notice thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: Section 1. That the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District, attached hereto and made reference to herein, be approved. Section 2. That the City Clerk of the City of Dubuque, Iowa is hereby authorized and directed to file a certified copy of the Resolution in the office of the Dubuque County Recorder. Passed, approved and adopted this 21st day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Jones moved adoption of the Resolution. Seconded by Michalski. Motion carried 7-0. Flora Pool Painting Project: Proof of publication on notice of hearing to consider adoption of the plans and specifications for the Flora Pool Painting Project and City Manager recommending award of the contract to Fred Jackson Tuckpointing, Inc. in the amount of $50,350, presented and read. Cline moved that the proof and communication be received and filed. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 392-06 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS WHEREAS, on the 17th day of July, 2006, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Flora Pool Painting 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 21 st day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 393-06 AWARDING CONTRACT WHEREAS, sealed proposals have been submitted by contractors for the Flora Pool Painting Project pursuant to Resolution No. 326- 06, and notice to bidders published in a Regular Session, August 21, 2006 newspaper published in the City of Dubuque, Iowa, on the 21 st day of July, 2006. WHEREAS, said sealed proposals were opened and read on the 10th day of August, 2006, and it has been determined that the bid of Fred Jackson Tuckpointing, Inc. in the amount of $50,350 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 Fred Jackson Tuckpointing, Inc., 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 retum the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 21 st day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 394-06 APPROVING CONSTRUCTION CONTRACT WITH FRED JACKSON TUCKPOINTING, INC, FOR THE FLORA POOL PAINTING PROJECT Whereas, the City Council by Resolution No. 393-06 awarded the construction contract for the Flora Pool Painting Project to Fred Jackson Tuckpointing, Inc.; and Whereas, Fred Jackson Tuckpointing, Inc. 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 21 st day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Lynch. Motion carried 7-0. Floodwall Pumping Facility Improvement Projects: Proof of publication on notice of hearing to consider adoption of the plans and specifications for the Floodwall Pumping Facility Improvement Projects and City Manager recommending award of the contract to Kiuck 351 Construction in the amount of $446,420.80, presented and read. Cline moved that the proof and communication be received and filed. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 395-06 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the Floodwall Pumping Station Improvement Projects pursuant to prior resolution and notice to bidders published in a newspaper published in the city of Dubuque, Iowa on the 21st day of July 2006. Whereas, said sealed proposals were opened and read on the 9th day of August 2006 and it has been detemnined that the base bid of Kluck Construction of Dubuque, Iowa in the amount of $223,860.80 was the lowest bid for providing all labor and materials and performing the work as provided for in the plans and specifications. The contract will also include project alternates A, B and C for the additional cost of $222,560.00. 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 Kluck Construction and the City 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 21 st day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 396-06 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 17th day of July 2006, plans, specifications, fomn of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Floodwall Pumping Station Improvement Projects. Whereas, notice of hearing on plans, specifications, fomn 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. 352 Regular Session, August 21, 2006 Passed, adopted and approved this 21st day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 397-06 APPROVING CONSTRUCTION CONTRACT WITH KLUCK CONSTRUCTION FOR THE FLOODWALL PUMPING STATION IMPROVE- MENT PROJECTS Whereas, the City Council by Resolution No. 396-06 awarded the construction contract for the Floodwall Pumping Station Improvement Projects to Kluck Construction; and Whereas, Kluck Construction 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 21 st day of August, 2006. Roy D. Buoi, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Lynch. Motion carried 7-0. Connors moved that the rules be reinstated iimiting discussion to the Council. Seconded by Lynch. Motion carried 7-0. ACTION ITEMS Greater Dubuque Development Corporation: Rick Dickinson, Greater Dubuque Development Corporation, to provide a verbal report regarding the activities of GDDC. Rick Dickinson spoke of the recent positive activities of GDDC. Cline moved that the report be received and filed. Seconded by Jones. Motion carried 7-0. Cottingham and Butler - Memorandum of Understanding: City Manager recommending approval of a Memorandum of Understanding with Cottingham and Butler concerning their expansion in downtown Dubuque with significant renovations of the Security Building located at 151 West 8th Street and the former House of China Building located at 803 Main Street, presented and read. Cline moved that the communication be received and filed. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 398-06 A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING WITH COTTINGHAM & BUTLER FOR AN EXPANSION IN DOWNTOWN DUBUQUE Whereas, Cottingham & Butler is proposing to expand employment in the City of Dubuque, and Whereas, the City is encouraging the Company to expand its operations in Downtown Dubuque, and Whereas, a Memorandum of Understanding has been prepared for said expansion, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. The attached Memorandum of Understanding is hereby approved. Section 2. The City Manager is hereby directed to prepare documents necessary to implement the Memorandum of Understanding Passed, approved and adopted this 21st day of August 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Ciine moved adoption of the Resolution. Seconded by Jones. Motion carried 7-0. Cedar Lake East Third Addition: Zoning Advisory Commission recommending approval of the final plat of Cedar Lake East Third Addition, upon motion received and filed. Cline moved that the communication be received and filed. Seconded by Jones. Motion carried 7-0. RESOLUTION NO, 399-06 A RESOLUTION APPROVING PLAT OF SURVEY OF LOT 1-2 AND LOT A-2 OF CEDAR LAKE EAST THIRD ADDITION IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a Plat of Survey of Lot 1-2 and Lot A-2 of Cedar Lake East Third Addition in the City of Dubuque, Iowa; and Whereas, upon said Plat of Survey appears a private street to be known as North Cedar Court (Lot A-2), with certain pUblic utility easements, which the owner by said Plat of Survey has dedicated such easements to the pubiic forever; and Whereas, the Plat of Survey has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said Plat of Survey 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 easements for public utilities, as they appear upon said Plat Regular Session, August 21, 2006 of Survey, be and the same are hereby accepted; and Section 2. That the Plat of Survey of Lot 1-2 and Lot A-2 of Cedar Lake East Third Addition 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 Plat of Survey, provided the owners of said property herein named, execute their written acceptance hereto attached agreeing: (a) To reduce North Cedar Court (Lot A-2) to grade and to hard surface with asphaltic concrete, all in accordance with the City of Dubuque standard specifications, in conformance with construction improvement plans approved by the City Engineer for a private street. (b) To install sanitary sewer mains and sewer service laterals into each individual lot, water mains and water service laterals into each individual lot, 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. The private street and sanitary sewer mains are so designated as private mains and shall be maintained by the owners and/or homeowners' association. (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 Gibbs Construction, Inc., as owner of said property, shall secure the performance of the foregoing public water main 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. That the final acceptance of all public improvements shall occur upon certification of the City Engineer to the City Council that water main improvements have been completed in accordance with the improvement plans and City standard speCifications and accepted by City Council Resolution. Section 4. That in the event Gibbs Construction, Inc. 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 pOrovisions hereof shall be null and void and the acceptance and approval the plat shall not be effective. 353 Passed, approved and adopted this 21 st day of August 2006. Roy D. Buol, Mayor Attest Jeanne F. Schneider, City Clerk ACCEPTANCE OF RESOLUTION NO. 399-06 I, Marty Gibbs, representing Gibbs Construction, Inc., the undersigned, having read the terms and conditions of the Resoiution No. 399-06 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 21" day of August 2006. /s/ Marty Gibbs Cline moved adoption of the Resolution. Seconded by Jones. Motion carried 7-0. Asbury Piaza Business Park First Addition: City Manager recommending approval of the final plat of Asbury Plaza Business Park First Addition, presented and read. Lynch moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 400-06 RESOLUTION APPROVING THE FINAL PLAT OF ASBURY PLAZA BUSINESS PARK FIRST ADDITION IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Cierk a Final Piat of Asbury Plaza Business Park First Addition; and Whereas, upon said final plat appear streets to be known as Plaza Drive (Lot A), North Plaza Loop (Lot E), Plaza Court (Lot F) and Plaza Court (Lot G); and Whereas, the conceptual plan/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 finai 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 u1i1ities 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 Plaza Drive (Lot A), North Plaza Loop (Lot E), Plaza Court (Lot F) and Plaza Court (Lot G), 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 Asbury Plaza Business Park First Addition is hereby approved, and the Mayor and City Clerk are hereby 354 Regular Session, August 21, 2006 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 Plaza Drive (Lot A), North Plaza Loop (Lot E), Plaza Court (Lot F), and Plaza Court (Lot G) 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 sanitary sewer mains 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 private storm water detention facility (Lot B) 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. No building permit shall be issued until the detention basin is functional or with the written consent of the City Engineer; (d) To install sidewalks aiong all public streets in accordance with the typical cross section and improvement plans approved by the City Engineer; (e) 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; '(I) 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 Motor City LLC; Projects Plus Ltd., 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. That the final acceptance of all public improvements shall occur upon certification of the City Engineer to the City Council that al public improvements have been completed in accordance with the improvement plans and City standard specifications and accepted by City Council Resolution. Section 4. That in the event Motor City, LLC.; Projects Plus, Ltd. 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 21~ day of August 2006. Roy D. Buol, Mayor, Attest: Jeanne F. Schneider, City Clerk Lynch moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Riverside Boat Pier Grant: City Manager recommending approval of the submittal of a Tier 2 Boating Infrastructure Grant application to the Iowa Department of Natural Resources and further recommending City Council approval of the revised project budget in the amount of $5,088,950, of which $1,088,950 would be the City of Dubuque's local match, presented and read. Cline moved that the communication be received and filed. Seconded by Michalski. Motion carried 7-0. RESOLUTION NO, 401-06 RESOLUTION AUTHORIZING AN APPLICA- TION FOR A BOATING INFRASTRUCTURE GRANT FOR RIVERSIDE BOAT PIER PROJECT AT THE PORT OF DUBUQUE Whereas, U. S. Fish and Wildlife provides a federal pass-through grant program to the Iowa Department of Natural Resources for Tier 2 Boating Infrastructure Grants for transient boat docks; and Whereas, the Ctty of Dubuque has determined that the construction of the Riverside Boat Pier Project at the Port of Dubuque is consistent with the Port of Dubuque Master Plan; and Whereas, the construction of transient boat docks at the Port of Dubuque 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 submission of an application to the Iowa Department of Natural Resources for a Tier 2 Boating Infrastructure Grant to fund the Riverside Boat Pier Project is hereby approved. Section 2. That the City Council authorizes the City Manager to utilize budgeted Capital Improvement Program funds to provide the match required by this program. Passed, approved and adopted this 21 st day of August, 2006. Roy D. Buo1, Mayor Attest: Jeanne F. Schneider, City Clerk Regular Session, August 21, 2006 355 Cline moved adoption of the Resolution. Seconded by Michalski. Motion carried 7-0. Unified Deveiopment Code: City Manager recommending approval of the proposed committees for the Unified Development Code process, presented and read. Michalski moved that the communication be received and filed and recommendation approved. Seconded by Connors. Motion carried 7-0. Sustainable Communities: Information from the American Institute of Architects regarding the Sustainable Design Assessment Team (SDA T) program, presented and read. Connors moved that the communication be received and filed and directed that the application be submitted. Seconded by Jones. Motion carried 7-0. Code of Ordinance Update: City Manager requesting City Council direction on the next phase of the update of the City's Code of Ordinances, presented and read. Michalski moved that the communication be received and filed and directed that those chapters with basic "clean-up" changes and changes to bring the Code of Ordinances into compliance with the State of Iowa Code be brought back for approval. It was further directed that those Chapters requiring Council direction be brought back one or two chapters at a time as an Action item on future agendas and that the entire proposed revisions to the Code be provided to the Council on a CD. Seconded by Cline. Motion carried 7-0. COUNCIL MEMBER REPORTS Buol shared that the staff of a recent Congressional visit was very impressed with Dubuque's development. At 7:57 P.M. Michaiski moved to go into Ciosed Session: Pending Litigation and Property Acquisition - Chapter 21.5(1)(c)0) 2005 Code of Iowa. Seconded by Connors. Motion carried 7-0. At 8:14 P.M. Council reconvened regular session stating that staff had been given proper direction. There being no further business, Michalski moved to adjourn. Seconded by Connors. Motion carried 7-0. The meeting adjourned at 8:15 P.M. /s/ Jeanne F. Schneider, CMC City Cierk 11 8/30 Approved: 2006 Adopted 2006 Mayor Council Members Attest: City Clerk 356 Special Session, August 29, 2006 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, August 29, 2006 Council met in special session at 4:30 p.m. at the Grand River Center Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michaiski, Cit y Manager Van Milligen, City Attorney Lindahl, Assistant City Brumwell Mayor Buol 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 2005 - 2006 Performance Report and discussed the top ten successes of the past year and the specific accomplishments associated with each. The Mayor and City Council Members each identified their three primary focus areas for the next five years and what they felt needed to be done in the next year. Also discussed were the major challenges facing the City of Dubuque in attainment ofthe stated goals. City Council reviewed the Dubuque Vision 2020 and Guiding Principles and suggested changes/additions to be incorporated into the Vision. There being no further business, upon motion meeting adjourned at 9:05 p.m. /s/ Jeanne F. Schneider, CMC City Cierk 119/13 Approved: 2006 Adopted 2006 Mayor Council Members Attest: City Clerk Special Session, August 30, 2006 357 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, August 30, 2006 Council met in special session at 1 :00 P.M. at the Grand River Center Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski, City Manager Van Milligan, Assistant City Attorney Brumwell Mayor Buol 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 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 developmenV revitalization. Objectives for each of the goals were ranked, with the short-term challenges identified and the actions necessary to achieve each goal. The Dubuque 2020 Vision Statement was approved as: The City of Dubuque is a progressive, sustainable City with a strong balanced economy and connections to the world, the Dubuque community takes pride in our history and heritage and has actively preserved our picturesque river and community, Dubuque citizens have choices of quality livable neighborhoods and fun things to do, and are engaged in the community, The Policy Agenda for 2006-2007 was established as: Continuing Priorlty - Southwest Arterial, Unified Development Code / Bluffland Ordinance, Annexation Study, and Bee Branch Project / Drainage Basin Master Plan Projects; Top Priority - Street Program: Continuation and Funding, Workforce Development Strategy, Green City Designation , ADA Compliance, and Library Renovation; High Priority - Airport Master Plan, East - West Corridor Study, Rail Spur - Dubuque Industrial Center West, and Water Pollution Control Plant Facility Plan. Also established was the Management Agenda for 2006-2007 which included Top Priority - Community Health Center, Pandemic Influenza Plan, Grand River Center Maintenance, Fire Department MDT / Wireless Networks and Police Department Territorial Accountability Design; High Priority - Dubuque Technology Park, Port of Dubuque Development, Intermodal Transportation Facility, Utility Infrastructure Update, and Mediacom Franchise Implementation. There being no further business, upon motion meeting adjourned at 6:25 P.M. /s/ Jeanne F. Schneider, CMC City Clerk 11 9/13 Approved: 2006 Adopted 2006 Mayor Council Members Attest: City Clerk