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Council Proceedings July 2006 Regular Session, July 5, 2006 275 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, Wednesday, July 5, 2006 Council met in Regular Session at 6:30 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 called for the purpose of discussing such matters which may properly come before the Council. Invocation was given by Father Ardel Barta. CONSENT ITEMS Minutes and Reports Submitted: Airport Commission of 5/25; Cable TV Telepro- gramming Commission of 4/4; City Council of 6/19 and 6/21; Historic Preservation Commission of 6/15; Housing Code Appeals Board of 3/21; Housing Commission of 5/23; Housing Commission Trust Fund of 6/22; Library Board of Trustees of 3/30, 4/11, 4/19 and 4/28, presented and read. Cline moved that the minutes be received and filed. Seconded by Connors. Motion carried 7-0. Proof of publication of City Council Proceedings of June 5, 2006, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. Notice of Ciaims/Suits: Kelly Lee Day for personal injury; Jeannine Pauly for property damage;. Jessica Sampson for vehicle damage; Enc SUiter and Sherri Sanwick for vehicle damage, presented and read. Cline moved that the communications 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: Kelly Lee Day for personal Injury; Sherri Sanwick for vehicle damage, presented and read. Cline moved that the communications be received and filed and concurred. Seconded by Connors. Motion carried 7-0. City Attorney recommending settlement of the claim of Jeannine Pauly for property damage and directing the Finance Department to issue payment, presented and read. Cline moved that the communication be received and filed and concurred and Finance Department to issue payment. Seconded by Connors. Motion carried 7-0. First Transit, Inc.: City Manager recommending approval of the first amendment to the Management Agreement between the City of Dubuque and First Transn, Inc., presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 269-06 APPROVING THE FIRST AMENDMENT TO THE MANAGEMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND FIRST TRANSIT, INC. Whereas, the City of Dubuque, Iowa (City) and First Transit, Inc. (First Transit) have entered into the Management Agreement Between the City of Dubuque, Iowa and First Transit, Inc. (the Agreement) ; and Whereas, City and First Transit now desire to amend the Agreement as set forth in the attached First Amendment. Now, therefore it is agreed by and between the parties as follows: 1. The First Amendment attached hereto is hereby approved. 2. The Mayor and City Clerk are authorized and directed to execute the First Amendment on behalf of the Cny of Dubuque. Passed, approved and adopted this 5th day of July, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. People for the Ethical Treatment of Animals (PETA): Communication from Lisa Wathne People for the Ethical Treatment of Animals' regarding the physical abuse of animals i~ circuses, presented and read. Michalski moved that the communication be received and filed and referred to the City Attorney. Seconded by Connors. Motion carried 7-0. Citizen Communication: Communication from Thomas H. Zuccaro, 1496 White Street, regarding vehicle noise, 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. 276 Regular Session, July 5, 2006 Iowa Clean Air Attainment Program: City Manager recommending execution of an agreement with the iowa Department of Transportation for the Iowa Ciean Air Attainment Program Project for the US 20 Capacity improvements, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 270-06 RESOLUTION APPROVING THE IOWA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR THE IOWA CLEAN AIR ATTAINMENT PROGRAM (ICAAP) PROJECT OF THE US 20 (DEVON DRIVE TO ME NARDS) CAPACITY IMPROVEMENTS - PRIORITY 1, TRAFFIC SIGNAL AND INTELLIGENT TRANSPORTATION SYSTEM IMPROVE- MENTS Whereas, the Iowa Department of Transportation (Iowa DOT) has made funds available for the US 20 (Devon Drive to Menards) Capacity Improvements - Priority 1, Traffic Signal and Intelligent Transportation System Improvements; and Whereas, City of Dubuque Traffic Signai Improvements Priority 1 (US 20 - Devon Drive to Menards) has been developed to continuing traffic monitoring/management of the US 20 Corridor operations; i.e., collection of traffic volume data, intersection reports, video monitoring, and the overall control of the Corridor from a remote location; and Whereas, the Iowa Clean Air Attainment Program (ICAAP) Funds will be required to complete said traffic monitoring/management of the US 20 Corridor operations for City of Dubuque Traffic Signal Improvements Priority 1. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That said Iowa Department of Transportation Agreement for US 20 (Devon Drive to Menards) Capacity improvements - Priority 1, Traffic Signai and Intelligent Transportation System Improvements between the City of Dubuque and the Iowa Department of Transportation be approved. Section 2. That the Mayor be authorized and directed to execute two copies of said Iowa Department of Transportation Agreement for US 20 (Devon Drive to Menards) Capacity Improvements - Priority 1, Traffic Signal and intelligent Transportation System Improvements between the City of Dubuque and the Iowa Department of Transportation. Passed, adopted and approved this 5th day of July, 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. United Rental Demolition Project: City Manager recommending acceptance of the United Rental Demolition Project as completed by Tri-State Development Company in the finai contract amount of $22,175, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 271-06 ACCEPTING THE FORMER UNITED RENTAL BUILDING DEMOLITION AND SITE CLEAR- ANCE PROJECT Whereas, the contract for the Former United Rental Building Demolition and Site Ciearance Project (the Project) has been completed and the City Manager has examined the work and filed a certificate stating that the Project has been completed according to the terms of the contract, plans and specifications and that the' City Manager recommends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Manager is approved and the Project is hereby accepted. Section 2. The City Treasurer is hereby directed to pay to the contractor from the Main Street Buiiding Demolition Capital Improvement Project (CIP 1001548) appropriation for the contract amount of $22,175.00 less any retained percentage provided for therein as provided in iowa Code chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code chapter 573. Passed, approved and adopted this 5th day of July, 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. 272-06 FINAL ESTIMATE Whereas, the construction contract for the Former United Rental Building Demolition and Site Clearance Project, has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF. DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $34,737.71 and the said amount shall be paid from the Main Street Building Demolition Capital Improvement Project (CIP 1001548) of the City of Dubuque, Iowa. Regular Session, July 5, 2006 277 Passed, approved and adopted this 5th day of July, 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. Water Department I Stealth Racing Building Demolition Project: City Manager recom- mending acceptance of the Water Department I Stealth Racing Buiiding Demolition Project as completed by Newt Marine Services in the final contract amount of $38,911.11, presented and read. Ciine moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 273-06 ACCEPTING THE FORMER WATER DEPARTMENT AND STEALTH RACING BUILDING DEMOLITION AND SITE CLEARANCE PROJECT Whereas, the contract for the Former Water Department and Stealth Racing Buiiding Demoiition and Site Clearance Project (the Project) has been compieted and the City Manager has examined the work and filed a certificate stating that the Project has been completed according to the terms of the contract, plans and specifications and that the City Manager recommends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Manager is approved and the Project is hereby accepted. Section 2. The City Treasurer is hereby directed to pay to the contractor from the Water Department Garage Facility Demolition Capital Improvement Project (CIP 7401401); the Port of Dubuque Property Acquisition Capital Improvement Project (CIP 7001043) and savings from the Municipal Services Center Project for the contract amount of $38,911.11 less any retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such retain age only in accordance with the provisions of Iowa Code chapter 573. Passed, approved and adopted this 5th day of July, 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. 274-06 FINAL ESTIMATE Whereas, the construction contract for the Former Water Department and Steaith Racing Building Demolition and Site Ciearance Project, has been compieted and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs. NOW THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $55,678.53 and the said amount shall be paid from the Water Department Garage Facility Demolition Capital Improvement Project (CIP 7401401); the Port of Dubuque Property Acquisition Capital Improvement Project (CIP 7001043) and savings from the Municipal Services Center Project of the City of Dubuque, iowa. Passed, approved and adopted this 5th day of July, 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. University Avenue Reconstruction Project: City Manager recommending acceptance of the University Avenue Reconstruction Project as completed by Horsfield Construction, in the final contract amount of $1,340,603.50, presented and read. Ciine moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 275-06 ACCEPTING THE UNIVERSITY AVENUE RECONSTRUCTION PROJECT FROM DELHI TO ALTA VISTA AND THE UNIVERSITY AVENUE PATCHING PROJECT FROM ALTA VISTA TO SPRUCE STREET Whereas, the contract for the University Avenue Reconstruction Project from Delhi to Alta Vista and the University Avenue Patching Project from Alta Vista to Spruce Street (the Project) has been completed and the City Manager has examined the work and filed a certificate stating that the Project has been completed according to the terms of the contract, plans and specifications and that the City Manager recommends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: d. Section 1. The recommendation of the City Manager is approved and the Project is hereby accepted. Section 2. The City Treasurer is hereby directed to pay to the contractor from the Water Main Replacement Fund ($156,950.95); the Street Program Related Sanitary Sewer Improvements fund ($132,910.60); the Storm Sewer Improvement Fund ($60,852.49); the 278 Regular Session, July 5, 2006 . Fiber Optic Conduit - Paving Projects fund ($57,509.79); the Signalization Program fund ($62,711.58); the Annual Street Construction Program (Funded through Local Option Sales Tax) in the amount of $11,962.65 and an expenditure from DMA TS Federal Aid Surface Transportation Program (STP) funds in the amount of $845,266, for the contract amount less any retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code chapter 573. Passed, approved and adopted this 5th day of July, 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. 276-06 FINAL ESTIMATE Whereas, the construction contract for the University Avenue Reconstruction Project from Delhi to Alta Vista and the University Avenue Patching Project from Alta Vista to Spruce Street has been compieted and the City Engineer has submitted his final estimate showing the cost thereof inciuding the cost of estimates, notices and inspection and all miscellaneous costs. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $1,462,110.58 and the said amount shall be paid from the allocations from the Water Main Replacement Fund ($156,950.95); the Street Program Related Sanitary Sewer Improvements fund ($132,910.60); the Storm Sewer Improvement Fund ($60,852.49); the Fiber Optic Conduit - Paving Projects fund ($57,509.79); the Signalization Program fund ($62,711.58); the Annual Street Construction Program (Funded through Local Option Sales Tax) in the amount of $11 ,962.65 and an expenditure from DMATS Federal Aid Surface Transportation Program (STP) funds in the amount of $845,266. Passed, approved and adopted this 5'" day of July, 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. 277-06 RESOLUTION APPROVING THE PRELIM- INARY SCHEDULE OF FINAL ASSESS- MENTS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; That the attached sheet(s), Page 1 to Page 3 inclusive, is hereby determined to be the Preliminary Schedule of Final Assessments for the University Avenue Reconstruction Project from Delhi to Alta Vista and the University Avenue Patching Project from Alta Vista to Spruce Street and the valuations set out herein are hereby approved. Passed, approved and adopted this 5'" day of July, 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. Purchase of Property - 1703 Elm Street: City Manager recommending approval of the purchase of property at 1703 Elm Street to be used for a parking lot next to the new Community Health Center, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 278-06 A RESOLUTION APPROVING THE ACQUISI- TION OF REAL ESTATE LOCATED AT 1703 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 first 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 South Yo of Lot 157 of East DUbuque Addition in the City of Dubuque, Iowa according to the recorded Plat thereof in Dubuque County, Iowa At the cost of Fifty-four thousand dollars ($54 000). Section 2. That the City of Dubuque be and is hereby authorized to accept a Quit Claim deed from the owner, conveying the owner's interest to the City of Dubuque, Iowa for the herein described real estate. Section 3. That the City Clerk be and she is hereby authorized and directed to cause said Quit Claim Deed to be recorded in the office of the Dubuque County Recorder, together with certified copy of the Resolution. Section 4. That the City Clerk be and she is hereby directed to forward a copy of this Resoiution to the Dubuque County Assessor and the Dubuque County Auditor. Regular Session, July 5, 2006 279 Passed, approved and adopted this 5'h day of July, 2006. Roy D. Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Fiscal Year 2007 Community Development Block Grant Agreement: City Manager recommending approval of the Fiscal Year 2007 Community Development Block Grant Program with the U.S. Department of Housing and Urban Development in the amount of $1,256,479, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 279-06 RESOLUTION AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT WITH THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Whereas, under provisions of Title I of Housing and Community Development Act of 1974, as amended, the City of Dubuque prepared and submitted an Annual Action Plan for a Community Development Block Grant; and Whereas, the submission has been approved by the U.S. Department of Housing and Urban Development in the amount of $1,256,479 for a twelve month program year commencing July 1, 2006 and ending June 30, 2007; and Whereas, a grant agreement covering the activities proposed to be carried out with the Community Development Block Grant funds has been transmitted to the City of Dubuque by the U.S. Department of Housing and Urban Development. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA Section 1. That the Funding Approval I Agreement, authorized by the U.S. Department of Housing and Urban Development on July 1, 2006 for a Community Development Block Grant to the City of DUbuque in the amount of $1,256.479, and identified as Grant Number B- 06-MC-19-0004 is hereby accepted. Section 2. That the Mayor of the City of Dubuque be and he is hereby authorized and directed to execute said Agreement on behalf of the City of Dubuque, Iowa. Passed, approved and adopted this 5'h day of July, 2006. Roy D. Buoi, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Dubuque Industrial Center West - Subdividing of Lot: City Manager recommending approval of the subdivision of Lot 1 of Dubuque Industrial Center West for the Giese Manufacturing Company, Inc. proposed expansion project, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 280-06 RESOLUTION APPROVING PLAT OF SURVEY LOT 1 OF 1 AND LOT 2 OF 1, 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 1 and Lot 2 of 1, DUbuque Industrial Center West 5th Addition in the City of Dubuque, Iowa, dated June 16, 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 5th day of July 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. PEG Access Capital Grant Expenditure I Mediacom Request: City Manager recommending approval of a request from Mediacom for $2,000 in funding from the PEG Access Capital Grant for networking equipment for the public access studio, presented and read. Cline moved that the communication be received and filed and approved recom- mendation. Seconded by Connors. Motion carried 7-0. PEG Access Capital Grant Expenditure I Dubuque Community School District: City Manager recommending approval of a request from the Dubuque Community School District for $7,000 in funding from the PEG Access Capital Grant for a Steadicam Flyer 24SE camera stabilization mount, presented and read. Cline moved that the communication be received and filed and approved request. Seconded by Connors. Motion carried 7-0. 280 Regular Session, July 5, 2006 PEG Access Capital Grant Expenditure I City of Dubuque: City Manager recommending approval of a request from the City of Dubuque for $4,420 in funding from the PEG Access Capital Grant for two LED light systems from Lite Panels, Inc" presented and read. Cline moved that the communication be received and filed and approved recommendation. Seconded by Connors. Motion carried 7-0. A.Y. McDonald Park Piay Unit: City Manager recommending approval of the use of savings from the Five Flags Renovation Project for the purchase of the play unit for A.Y. McDonald Park, presented and read. Cline moved that the communication be received and filed and approved recommendation. Seconded by Connors. Motion carried 7-0. Flora Park Water System Project: City Manager recommending acceptance of the Flora Park Water System Project as completed by Willenborg Plumbing and Heating, Inc., in the final contract amount of $67,922.17, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO, 281"()6 ACCEPTING IMPROVEMENT WHEREAS, the contract for the Flora Park Water System Project has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 1. That the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the Cijy Treasurer be and he is hereby directed to pay to the contractor from the General Fund in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 5th day of July, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 282"()6 FINAL ESTIMATE WHEREAS, the contract for the Fiora Park Water System Project has been completed and the Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs; NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $67,922.17, and the said amount shall be paid from the General Fund of the City of Dubuque, Iowa, Passed, approved and adopted this 5th day of July, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Dubuque Museum of Art: Communication from the Dubuque Museum of Art regarding the remaining debt they owe the City from a $300,000 loan they took out in July 1 999 from the Downtown Loan Pool to rehabilitate the Dubuque Museum of Art building be forgiven and City Manager recommending that the loan agreement be amended to amortize their balloon payment, presented and read. Cline moved that the communication be received and filed and approved recommendation. Seconded by Connors. Motion carried 7-0. Specific and Aggregate Stop Loss Insurance Renewal: City Manager recommending approval of the renewal rates submitted by Allianz for speCific stop-loss insurance and aggregate stop- loss insurance for the City's health and prescription drug plans, presented and read. Cline moved that the communication be received and filed and approved recom- mendation. Seconded by Connors. Motion carried 7-0. City Manager Employment Agreement: Submittal of the Fifteenth Amendment to the City Manager's Employment Agreement for approval, presented and read. Cline moved that the communication be received and filed and approved recommendation. Seconded by Connors. Motion carried 7-0. 2006 Pavement Marking Project Service Contract: City Manager recommending award of a service contract for the 2006 Pavement Marking Project to Selco, Inc. in the amount of $54,458.35, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 283"()6 AWARDING CONSTRUCTION CONTRACT FOR THE 2006 PAVEMENT MARKING PROJECT Whereas, sealed proposals have been submitted by contractors for the 2006 Pavement Regular Session, July 5, 2006 281 Marking Project and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 28'h day of April, 2006; and Whereas, said sealed proposais were opened and read on the 5'h day of May, 2006, and it has been determined that the bid of Selco, Inc. of Dubuque, Iowa, in the amount of $54,458.35 was the lowest bid for the furnishings of all labor and materiais 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: Section 1. That the contract for the above improvement be awarded to Selco, 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. Section 2. 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 5'h day of July, 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. 284-06 APPROVING CONSTRUCTION CONTRACT WITH SELCO, INC. FOR THE 2006 PAVEMENT MARKING PROJECT Whereas, the City Council by Resolution No. 283-06 awarded the construction contract for the 2006 Pavement Marking Project to Selco, Inc.; and Whereas, Selco, Inc. has submitted the attached executed contract and bond. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The contract and bond attached hereto are hereby approved. Section 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 5'h day of July, 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. Consultant Services - Port of Dubuque: City Manager recommending approval of the selection of Durrant Group, in the amount of $49,000, to provide architectural and engineering services for the Port of Dubuque outdoor plazas and parking lot enhancements associated with the McGraw-Hili project, presented and read. Cline moved that the communication be received and filed and approved recommendation. Seconded by Connors. Motion carried 7-0. Temporary Signs for Non-Profit Organizations: City Manager recommending approval of establishing a maximum fee of $105 for non- profits who use temporary signs to advertise their fund raising events, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. - RESOLUTION NO. 285-06 ESTABLISHING A MAXIMUM FEE FOR TEMPORARY SIGNS PLACED BY NON- PROFIT AGENCIES Whereas, the City wants to accommodate the use of temporary signs by non-profit agencies through the establishment of a maximum sign pemnit fee. NOW THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Whereas, the Building Services Department, currently charges $15 for each temporary sign; and Whereas, non-profit agencies install multiple signs for single events; and Whereas, these events should be encouraged. BE IT FURTHER RESOLVED that the Building Services Department establish a maximum fee of $105 per event for a non-profit agency's use of temporary signs. Passed, approved and adopted this 5'h day of July, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Improvement Contracts I Performance, Payment and Maintenance Bonds: West Fifth Street (Delhi - Alpine) Reconstruction Project; University Avenue Culvert Extension Project, presented and read. Cline moved that the communications be received and filed. Seconded by Connors. Motion carried 7-0. Business License Refund: Request of Mulgrew Oil Company for a refund in the amount of $50.00 for a portion of their Class C Beer Permit, presented and read. Cline moved that the communication be received and filed and approved refund. Seconded by Connors. Motion carried 7-0. Business Licenses: 282 Regular Session, July 5, 2006 RESOLUTION NO. 286-06 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the following having complied with the provisions of iaw relating to the saie of Cigarettes within the City of Dubuque, iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. 24 RENEWALS 16'h St Auto Truck Plaza Mulgrew Oil Com 1215 E. 16'h St Molo Oil Com. 1875 JFK Rd Molo Oil Com. 2100 JFK Rd Molo Oil Com. e'h & Central Av LB Metcalf Inc 1200 Cedar Cross Beverly Lansen 3050 Asbury Rd Diamond Jo Casino 400 E. 3'd St Dubuque Discount Gas DUbuque Discount Gas 4110 Dodge St Dubuque Discount 3270 Dodge St Fratemal Order of Eagles 1175 Century Dr Easy Street LLC 431 Rhomberg Av WCB Hotels 3100 Dodge St Pamela Arensdorf 1602 Central Av TFM CO. 2010 Kerper Blvd TFM CO. 250 W. 1s' TFM CO. 51 W. 32'd St TFM CO. 1256 Iowa St TFM CO. 1050 University Av Liberly Station LLC 10 Main St Molo Oil Co. 1101 Rhomberg RKM LLC 1450 Loras Blvd Sun of the Andres LLC 555 JFK Rd Charles Steffen 1701 Central Av Walnut Tap Craig Weiner 70e University Av Passed, approved and adopted this 5'h day of July 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Big 10 Mart Big 10 Mart Big 10 Mart Cedar Cross Amoco Denny's Lux Club Diamond Jo Casino Dubuque Discount Gas #3 Gas Eagles Club # 568 Easy Street Hoffman House/3100 Club Instant Replay Oky Doky # 21 Oky Doky # 1 Oky Doky # 2 Oky Doky # 6 Oky Doky # 14 Phillips 66 Puff n Snuff Ron's Discount Smokes/Bev Sun of the Andes Tony's Place Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 287-06 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 "CO BEER/LIQUOR LICENSE Mayas,lnc Las Margaritas (Outdoor Service) 1575 JFK Rd. Plastic Center, Inc. Fischer Lanes+ (Sunday Sale) 880 Locust St Curtis Gerhard Knicker's Saloon+ (Sunday Sale) 2186 Central Av Ethel Schwartz Airport Inn+ (Sunday Sale) 574 E. 16th St Talko, Inc Taiko Japanese Rest+ (Sunday Sale) 2155 S. Park Ct Passed, approved and adopted this 5th day of July, 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. 288-06 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 Pemni!. CLASS "B" BEER (5 - DAY SPECIAL EVENT) Four Mounds Foundation Inc. Four Mounds Foundation, Inc Alliant Amphitheater CLASS "C" BEER PERMIT K-Chap Foods, Inc Oky Doky # 14+ (Sunday Sale) 1050 University Dubuque Discount Gas, Inc Dubuque Discount Gas#3+(Sunday Sale) 3270 Dodge St Passed, approved and adopted this 5th day of July, 2006. Regular Session, July 5, 2006 283 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 Giese Manufacturing Company, Inc. Development Agreement: City Manager recommending that a public hearing be set for July 17, 2006 to consider disposing of property in the Dubuque Industrial Center West to Giese Properties, LLC for the purpose of constructing an 18,000 square foot manufacturing facility and approval of a Development Agreement, presented and read. Cline moved that the communication be received and fiied. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 289-06 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 GIESE MANUFACTURING COMPANY, INC. AND GIESE PROPERTIES, 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 1 of Dubuque Industrial Center West 5th Addition in the City of Dubuque, Iowa And Whereas, City and Giese Manufacturing Company, Inc. and Giese Properties, 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 Giese Properties, LLC as shown on Exhibit A attached hereto; and Whereas, the City Council has tentatively determined that it would be in the best interests of the City to approve the Development Agreement, including the conveyance of the Property to Giese Properties, 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 Councii 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 Giese Properties, 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 17th day of July, 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 Giese Manufacturing Company, Inc. and Giese Properties, 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 Economic Development District, consisting of the funding of economic developments grants to Giese Properties, 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 $225,000. 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 5th day of July, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution and set this for public hearing on 7/17/06 at a 284 Regular Session, July 5, 2006 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 Lynch. Motion carried 7-0. Cedar Street and Dog Track Wastewater Pumping Station Improvement Project: City Manager recommending initiation of the public bidding process for the Cedar Street and Dog Track Wastewater Pumping Station Improvement Project and that a public hearing be set for August 7, 2006, presented and read. Cline moved that the communication be received and filed. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 290-06 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 Cedar Street and Dog Track Lift Station Improvements Project in the estimated amount of $1,340,000 are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 5th day of July, 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. RESOLUTION NO. 291-06 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 or the City Clerk for public inspection of the Cedar Street and Dog Track Lift Station Improvements 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 7th day of August, 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 5th day of July, 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. RESOLUTION NO. 292-06 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Cedar Street and Dog Track Lift Station Improvements Project is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of security to accompany each bid shall be in the amount which shall conform to the provisions of the Notice to Bids hereby approved as a part of the plans 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 28th day of July, 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 7th day of August, 2006. Passed, adopted and approved this 5th day of July, 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. National Mississippi River Museum and Aquarium Expansion Project I Former Adams Company Building Re-Roof and Structural Repairs Project: City Manager recommending initiation of the public bidding process for the National Mississippi River Museum and Aquarium Expansion Project I Former Adams Company Building Re-Roof and Structural Repairs Project and that a public hearing be set for August 7, 2006, presented and read. Cline moved that the communication be received and filed. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 293-06 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 National Mississippi River Museum and Aquarium Regular Session, July 5, 2006 285 Expansion Project - Former Adams Company Building Re-Roof and Structural Repairs Project in the estimated amount of $608,181.00 are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 5th day of July, 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. RESOLUTION NO. 294-06 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 National Mississippi River Museum and Aquarium Expansion project - Former Adams Company Building Re-Roof and Structural Repairs 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 7'h day of August, 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 5'h day of July, 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. RESOLUTION NO. 295-06 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the National Mississippi River Museum and Aquarium Expansion Project - Former Adams Company Building Re-Roof and Structural Repairs 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 27'h day of July, 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 7th day of August, 2006. Passed, adopted and approved this 5'h day of July, 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. Highway 20 Landscaping - Phase II Project: City Manager recommending initiation of the public bidding process for the Highway 20 Landscaping - Phase II Project and that a public hearing be set for September 5, 2006, presented and read. Cline moved that the communication be received and filed. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 296-06 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 Highway 20 Landscaping Project, Phase II, in the estimated amount of $239,454, are hereby approved and ordered filed in the office of the City Clerk, for public inspection. Passed, approved and adopted this 5th day of July, 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. 297-06 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 Highway 20 Landscaping Project, Phase II. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, that on the 15th day of 286 Regular Session, July 5, 2006 August, 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 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 5th day of July, 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. 298-06 ORDERING BIDS BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Highway 20 Landscaping Project, Phase II 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 10:00 a.m. on the 15th day of August, 2006 at IDOT, Office of Contracts, 800 Lincoln Way, Ames, Iowa. Bids shall be opened and read 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 5th day of July, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Lynch. Motion carried 7-0. BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Boards/Commissions: Arts and Cultural Affairs Advisory Commission (Three 3-year terms through 6/30109) - Business / Professional [W. lntriligator], Business 1 Professional and Lives / Works in Cultural District [Amy Weber], and At Large [Rebecca Fabricius] Applicants: Business 1 Professional: Ellen Hartman Henkels, William lntriligator, Karen Ridings; Business/Professional and Lives / Works in Cultural District: Amy Weber; At Large: Rebecca Fabricius, Ellen Hartman Henkels, Geri Shaffer, John Tilton Ms. Henkels, Ms. Weber, Ms. Fabricius, and Ms. Shaffer all spoke requesting consideration. Civic Center Commission (Two 3-years terms through 6/29/09 - terms of Fuller and Parks) Applicants: Cynthia Fuller, Bryce Parks No one spoke. Transit B.oard of Trustees (One 3-year term through 7130/09 - term of Bemis) Applicants: Harry Bemis, Peter Kies No one spoke. Appointment to the following Commission: Park and Recreation Advisory Commission (One 3-year term through 6/30/09 - Term of Duggan) Applicant: Chuck Duggan Connors moved that Chuck Duggan be reappointed to a three year term to expire 6/30/09. Seconded by Braig. Motion carried 7-0. PUBLIC HEARINGS Michalski moved that the rules be suspended to allow anyone present to address the Council. Seconded by Connors. Motion carried 7-0. Para-Transit Rate Increase: Proof of publication on notice of hearing to consider a para-transij rate increase and City Manager recommending approval, presented and read. Connors moved that the communication be received and fried. Seconded by Jones. Motion carried 7-0. Michalski apologized to citizens who could not attend the City Council's public hearing regarding the para-transit increase due to the scheduled time of the hearing. Economic Development Director David Heiar stated that the Transit Board hearing had been held at an earlier time than normal Transit Board meetings in order to allow for citizens to attend and he clarified the specifics of the proposed rate increase. Mayor Buol read the letter of Sara Davidson objecting to the proposed increase. RESOLUTION NO. 299-06 A RESOLUTION FIXING RATES FOR CERTAIN PARATRANSIT SERVICES Whereas, the City of Dubuque provides Paratransit services for disabied and elderiy persons, and Regular Session, July 5, 2006 Whereas, the cost to provide said services continue to increase rapidly, and Whereas, the City of Dubuque desires to continue to provide Paratransit services for persons age 65 and older who do not qualify for such services by federal ADA standards, and Whereas, the City of Dubuque desires to reduce the number of late cancellations and/or no shows for Paratransit service. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Paratransit rates are as follows: Per Trip Cost ADA Qualified Rider $1,00 Rider who is 65 but not ADA Qualified $2.00 Rider who cancels late (less than 1 hr. prior to scheduled ride) $9.00 Rider who does not show for scheduled ride $9.00 Effective the 31st day of July, 2006. Passed, Approved and adopted this 5th day of July, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Connors moved adoption of the Resolution. Seconded by Jones. Motion carried 7-0. Petition to Vacate and Dispose of a Portion of the Plat of North Dubuque: Proof of publication on notice of hearing to consider a request from Arnie Van Etten, representing James A. and Shirley A. Christensen, to vacate and purchase a portion of the plat of North Dubuque and City Manager recommending approval, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 300-06 RESOLUTION VACATING A PORTION OF THE PLAT OF NORTH DUBUQUE Whereas, Arnie Van Etten, representing James A. and Shirley A. Christensen, has requested the vacating of a portion of the plat of North Dubuque, including platted streets and alleys; and Whereas, Buesing & Associates has prepared and submitted to the City Council a plat showing the vacated portion of North Dubuque, including platted streets and alleys, and assigned lot numbers thereto, which hereinafter shall be known and described as Lots 413-A, 598-A, and 598-B of North Dubuque in the City of Dubuque, Dubuque County, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that a portion of the plat of North Dubuque, including platted streets and alleys, are no longer required for public use, and vacating of said portion of the plat of North Dubuque, including platted streets 287 and alleys, known as Lots 413-A, 598-A, and 598-B of North Dubuque in the City of Dubuque, Dubuque County, Iowa should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lots 413-A, 598-A, and 598-B of North Dubuque in the City of Dubuque, Iowa, be and the same is hereby vacated. Passed, approved and adopted this 5th day of July, 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. 301-06 RESOLUTION DISPOSING OF CITY INTEREST IN LOTS 413-A, 598-A, AND 598-B OF NORTH DUBUQUE IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on this 23'" day of June, 2006, the City Council of the City of Dubuque, Iowa met on the 5th day of July, 2006, at 6:30 p.m. in the Public Library Auditorium, 360 West 11 Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as: Lots 413-A, 598-A, and 598-B of North Dubuque in the City of Dubuque, Dubuque County, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposal to dispose of the interest of the City of Dubuque, Iowa, in the hereinabove described real estate. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the disposal of the interest of the City of Dubuque, Dubuque County, Iowa, in the real property described as Lot 413-A in North Dubuque in the City of Dubuque, Dubuque County, Iowa to the Ernest Madison Revocable Trust be and the same is hereby approved for the sum of $400.00. Conveyance shall be by Quit Claim Deed. Section 2. That the disposal of the interest of the City of Dubuque, Dubuque County, Iowa, in real property described as Lots 598-A and 598-B all in North Dubuque in the City of Dubuque, Dubuque County, Iowa to James A. and Shirley A. Christensen be and the same is hereby approved for the sum of $400.00. Conveyance shall be by Quit Claim Deed. Section 3. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the 288 Regular Session, July 5, 2006 City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to the above named grantees upon receipt of the approved sum in full. Section 4. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 5'h day of July, 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. 2006 Grandview Avenue Concrete Section Repair Project: Proof of publication on notice of hearing to consider the 2006 Grandview Avenue Concrete Section Repair Project and City Manager recommending award of the contract to Horsfield Construction, Inc. in the amount of $49,340.00, presented and read. Cline moved that the proof and communication be received and filed. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 302-06 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 31 st day of May, 2006, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the 2006 Grandview Avenue Concrete Section Repair 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 5'h day of July, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resoiution. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 303-06 AWARDING CONSTRUCTION CONTRACT FOR THE 2006 GRANDVIEW AVENUE CONCRETE SECTION REPAIR PROJECT Whereas, sealed proposals have been submitted by contractors for the 2006 Grandview Avenue Concrete Section Repair Project pursuant to Resolution No. 224-06 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 9th day of June, 2006. Whereas, said sealed proposals were opened and read on the 220' day of June, 2006, and it has been determined that the bid of Horsfield Construction, Inc. of Epworth, Iowa, in the amount of $49,340.00 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 Horsfield 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 5'h day of July, 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. RESOLUTION NO. 304-06 APPROVING CONSTRUCTION CONTRACT WITH HORSFIELD CONSTRUCTION, INC. FOR THE 2006 GRANDVIEW AVENUE CONCRETE SECTION REPAIR PROJECT Whereas the City Council by Resolution No. 303-06 awarded the construction contract for the 2006 Grandview Avenue Concrete Section Repair Project to Horsfield Construction, Inc.; and Whereas Horsfield 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 5th day of July, 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. Grand River Center - Fountain Sign Rehabilitation Project: Proof of publication on notice of hearing to consider the Grand River Regular Session, July 5, 2006 Center - Fountain Sign Rehabilitation Project and City Manager recommending award of the contract to Dubuque Sign Company in the amount of $44,500, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO, 305-06 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on June 9, 2006, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Grand River Center Fountain Sign Rehabilitation Project. Whereas, notice of hearing on pians, 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 5th day of Juiy, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resoiution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 306-06 AWARDING CONSTRUCTION CONTRACT FOR THE GRAND RIVER CENTER FOUNTAIN SIGN REHABILITATION PROJECT Whereas, sealed proposals have been submitted by contractors for the Grand River Center Fountain Rehabilitation Project pursuant to Resolution No. 227-06 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 9th day of June, 2006. Whereas, said sealed proposals were opened and read on the 22nd day of June, 2006, and it has been determined that the bid of Dubuque Sign Company of Dubuque, Iowa, in the amount of $44,500.00 was the lowest bid for the furnishings of all labor and materiais 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 DUbuque Sign Company and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City 289 Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 5th day of July, 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. 307-06 APPROVING CONSTRUCTION CONTRACT WITH DUBUQUE SIGN COMPANY FOR THE GRAND RIVER CENTER FOUNTAIN REHABILITATION PROJECT Whereas, the City Council by Resolution No. 306-06 awarded the construction contract for the Grand River Center Fountain Sign- Rehabilitation Project to Dubuque Sign Company and Whereas, Dubuque Sign Company 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 5th day of July, 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. Michalski moved that the rules be reinstated limiting discussion to the Council. Seconded by Cline. Motion carried 7-0. ACTION ITEMS Citizen Request: Communication from Linda Carriger to address the City Council regarding the state of Dubuque's inner city, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. Linda Carriger, 1670 Iowa Street, spoke of concerns in the downtown area with increased hostility between gangs and requested action be taken to alleviate the problem. Michalski moved that the following be removed from the table. Seconded by Cline. Motion carried 7-0. John and Sally Jo Herrig - Request to Rezone (Tabled on June 19, 2006): Communications from Richard W. and Esther A. Farnum, William and Connie Clasen, Marlene Brimeyer, Elaine and Raymond Backes, Eileen and Douglas 290 Regular Session, July 5, 2006 Coates, Mary Jo and Roger Zalaznik, Mary Jean and Steve Reding, Margaret Burns, Kimberly A. Schmitz VanDee, Ron and Mary Breitbach, Paul and Vicki Breitbach in opposition to the proposed rezoning; Petition requesting that the request of John and Saliy Jo Herrig to rezone property south of Derby Grange Road be referred back to the Zoning Advisory Commission and an Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located south of Derby Grange Road from County A 1 Agricultural to City AG Agricultural District, R-2 Two-Family Residential District and C-3 General Commercial District, concurrent with annexation to the City of Dubuque, presented and read. John Herrig, 13668 Surrey Lane, spoke in support of the rezoning request and explained that he had met with the surrounding residents of the area and felt there was a good dialogue. He stated he had agreed to the R-2 classification versus the R-3 that was originaliy requested; however, he was still requesting the C-3 zoning for a smali portion of the area. He distributed an agreement he was willing to execute which would disaliow salvage yards, warehousing, mini-storage or auto body repair in the C-3 area. Ron Breitbach, 13233 Derby Grange Road, stated that a list of concerns had been provided to Mr. Herrig and that the neighbors in opposition to the proposed rezoning had offered a compromise of accepting the commercial rezoning if it was located directly next to Wendeli Corey's land. He explained that Mr. Herrig had not agreed to this. After discussion, Michalski moved to receive and file the various communications and give first consideration and reading to the Ordinance, as proposed by Mr. Herrig with the C-3 classification. Seconded by Cline. Motion carried 6-1 with Braig voting Nay. Requests for Voluntary Annexation (Tabled on June 19, 2006): The foliowing items were left on the tabie with no action taken at this meeting. John and Saliy Jo Herrig - Proof of publication on notice of hearing to consider a request from John and Saliy Jo Herrig to voiuntarily annex to the City of Dubuque contingent on approval of the zoning and the annexation agreement; Dean and Patricia Butler - Proof of publication on notice of hearing to consider a request from Dean and Patricia Butler to voluntarily annex to the City of Dubuque contingent on approval of the zoning and the annexation agreement, City Manager recommending approval of the three voluntary annexation requests and submitting the signed annexation agreements for the two properties, a Resolution approving application for voluntary annexation of territory owned by John W. and Saliy Jo Herrig, and a Resolution approving application for voluntary annexation of territory owned by Dean and Patricia Butler. Amendment to Development Agreement - North Grandview Estates: City Manager recommending approval of an amendment to the existing development agreement for the North Grandview Estates housing subdivision, presented and read. Lynch moved that the communication be received and filed and approved recommendation. Seconded by Michalski. Motion carried 7-0. North Grandview Estates - Final Plat: Zoning Advisory Commission recommending approval of the final plat of North Grandview Estates, presented and read. Connors moved that the communication be received and filed. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 308-06 A RESOLUTION APPROVING THE FINAL PLAT OF NORTH GRANDVIEW ESTATES NO. 2 IN THE CITY OF DUBUQUE, IOWA. Whereas, there has been fiied with the City Clerk a Final Plat of North Grandview Estates NO.2 in the City of Dubuque, Iowa; and; Whereas, upon said final plat appears a street to be known as Helen Ridge Court (Lot A), together with certain public utiiity storm and sanitary sewer easements and storm water detention basins (Lots 10 and 12) ali in North Grandview Estates No.2, which the owner, by said final plat, has dedicated to the public forever; and Whereas, the preliminary plat has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said final plat has been reviewed by the City Planner and had her approval endorsed thereon, subject to the owners agreeing to the conditions noted in Section 3 below; and Whereas, said final plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating to it, except that no streets or public utilities have yet been constructed or instalied. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Helen Ridge Court (Lot A), and the easements for public utilities, sanitary sewer and storm sewer as they appear upon said final plat, be and the same are hereby accepted; and Section 2. That the Final Plat of North Grandview Estates No. 2 is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final Regular Session, July 5, 2006 291 plat, provided the owners of said property herein named, execute their written acceptance hereto attached agreeing: (a) To reduce Helen Ridge Court (Lot A) 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 and service laterals, 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 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 construct storm water detention facilities in a manner acceptable to the City Engineer, in accordance with construction improvement plans approved by the City Engineer, prior to grading associated with the proposed streets; (e) To maintain the above 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 North Grandview Estates, LLC, as owner of said property, shall secure the performance of the foregoing conditions provided in this Section by providing guarantees in such form and with such sureties as may be acceptable to the City Manager of the City of Dubuque, Iowa. Section 3. That the City's residential street width standard is hereby waived to allow construction of Helen Ridge Court with 27-foot of paving and 42-foot of right-of-way. Parking on Heien Ridge Court shall be restricted to the north and west sides of the street. Section 4. Sidewalk installation shall be the responsibility of the owner abutting the pubiic rights-of-way, including lots with multiple frontages, as required by City Code 41-161 through 41-164. The responsibility shall extend to all successors, heirs and assignees. Sidewalk installation will not be required until the development of the lot has been completed, except as required herein. In sparsely deveioped subdivisions, sidewalks on developed lots will not be required until 50% of the lots approved by the plat have been developed. All vacant lots shall have sidewalks installed upon development of 80% of the lots approved by the plat. Section 5. The developer will maintain the detention facilities constructed as part of North Grandview Estates Subdivision No.2 until it has been fully completed and 80% of the sum of the platted lots in the entire North Grandview Estates No. 2 is fully developed and the remaining 20% of these lots have installed adequate erosion control measures as approved by the City. Upon the City's acceptance of the detention facilrty, the maintenance expenses incurred by the City of Dubuque for the storm water detention facility (Lots 10 and 12) shall be assessed against the lot owners of North Grandview Estates No.2, in equal amounts, and the City Manager shall certify such costs to the City Clerk, who in turn shall promptly certify such costs to the Dubuque County Treasurer, and such costs shall then be collected with and in the same manner as general property taxes in accordance with provisions of law. Section 6. That the City may install a portion of the sanitary sewer mains and sewer service laterals into each individual lot. The costs associated with this installation shall be reimbursed to the City from the developer, his successors and assigns as each lot is sold, with a balloon payment at the end of five years from the date of this resolution, all in accordance with the development agreement between the City of Dubuque and North Grandview Estates, LLC. Section 7. That the City may install a portion of the water mains and service laterals into each individual lot. The costs associated with this installation shall be reimbursed to the City from the developer, his successors and assigns as each lot is sold, with a balloon payment at the end of five years from the date of this resolution, all in accordance with the development agreement between the City of Dubuque and North Grandview Estates, LLC. Section 8. That the finai acceptance of all public Improvements shall occur upon certification of the City Engineer to the City Council that all public improvements have been completed in accordance with the improvement pians and City standard specifications and accepted by City Council Resolution. Section 9. That in the event North Grandview Estates, LLC fails to execute the acceptance and furnish the guarantees provided in Section 2 hereof within 180 days after the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedication and approval the plat shall not be effective. Passed, approved and adopted this 5th day of July, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk 292 Regular Session, July 5, 2006 Connors moved adoption of the Resolution. Seconded by Braig. Motion carried 7-0. Fiscal Year 2007 Special Projects Arts and Culture Grants: Arts and Cultural Affairs Advisory Commission recommending the award of six Special Projects Arts and Culture Grants for Fiscal Year 2007, presented and read. Michalski moved that the communication be received and filed and recommendation approved. Seconded by Connors. Motion carried 6-0 with Jones abstaining. Acceptance of Quit Claim Deed: City Manager recommending approval of the acceptance of a Quit Claim Deed from the General Services Administration (GSA) for the Federal Building to the City of Dubuque, presented and read. Lynch moved that the communication be received and filed. Seconded by Connors. Motion carned 7.(). RESOLUTION NO. 30S.()6 A RESOLUTION ACCEPTING CONVEYANCE OF THE UNITED STATES POST OFFICE AND COURTHOUSE (FEDERAL BUILDING) Whereas, the City of Dubuque entered into an A9reement with the General Services Administration of the United States of America to which the General Services Administration agreed to convey The U.S. Post Office and Courthouse, iocated at 350 West Sixth Street, Dubuque, Iowa, more specifically described as a rectangular shaped parcel approximately 259' (wide) X 183.5' (long), described as Lots 139, 140, 101, 102, the north 54.5' of Lot 138, the north 54.5' of Lot 103, City Lots. The Site is located in the northeast 1/4 of the southeast 1/4, section 25, Township 89 North, Range 2 East, Dubuque County, Iowa and contains approximately 47,526.5 square feet or 1.09 acres more or less in the City of Dubuque, Dubuque County, Iowa, as shown on the Plat of Survey thereof; and Whereas, the General Services Administration has executed a conveyance of said property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Quit Claim from the General Services Administration, copies of which are attached hereto, as required by Iowa Code Section 569.7. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, approved and adopted this 51h day of July, 2006. Roy D. Buoi, Mayor Attest: Jeanne F. Schneider, City Clerk Lynch moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Demolition by Ne9lect: Communication from the Historic Preservation Commission recommending approval of an ordinance extending Demolition by Neglect to conservation districts and to extend eligibility for the Historic Preservation Revolving Loan Fund to conservation districts, presented and read. Michaiski moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. An Ordinance amending Chapter 11 (Building Regulations) of the City of Dubuque Code of Ordinances by amending Section 11-4 Demolition Permits in Conservation Districts to prohibit demolition by neglect, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 53'()6 AN ORDINANCE AMENDING CHAPTER 11 (BUILDING REGULATIONS) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY AMENDING SECTION 11-4 DEMOLITION PERMITS IN CONSERVATION DISTRICTS TO PROHIBIT DEMOLITION BY NEGLECT Whereas, the Historic Preservation Commission has recommended an amendment to Chapter 11 (Building Regulations) of the City of Dubuque Code of Ordinances regardin9 prohibition of demolition of neglect in conservation districts; and Whereas, the City of Dubuque has established conservation districts to allow for the City Council's review of demolition permns that might impact buildings of historic or architectural significance in these districts; and Whereas, the City Council has appointed a Historic Preservation Commission to review demolition permits in conservation districts, and provide recommendations to the City Council; and Whereas, the City Council finds that the recommended amendments to Chapter 11 are consistent with the goals and objectives of the City's Comprehensive Plan and the purpose and intent of the City's Code of Ordinances. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 11-4 of the City of Dubuque Code of Ordinances is hereby amended by adding the followin9 new subsection (h) as follows; (h) Demolition By Neglect Prohibited: The owner of real property in any conservation district shall preserve and keep from deterioration all buildings and structures located Regular Session, July 5, 2006 on such real property. The owner shall repair the building or structure to correct any of the following defects found by the city's designated enforcement officer: (1) Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations or floors, inciuding broken windows and doors; (2) Defective or lack of weather protection for exterior wall coverings, foundations or floors, including broken windows and doors; (3) Any default, defect or condition in the structure which renders it structurally unsafe or not properiy watertight; or (4) Deterioration of any exterior feature so as to create a hazardous condition which could make demolition necessary for the public safety. Section 2. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 5th day of July 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 14th day of July, 2006. Jeanne F. Schneider, City Clerk 1t 7/14 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 Connors. Motion carried 7-0. Michalski moved final consideration and passage of the Ordinance. Seconded by Braig. Motion carried 7-0. Code of Ordinances Chapter 34 - Parks and Recreation: City Manager recommending adoption of a revised Chapter 34 of the City of Dubuque Code of Ordinances pertaining to parks and recreation, presented and read. Jones moved that the communication be received and filed. Seconded by Braig. Motion carried 7-0. An Ordinance of the City of Dubuque, Iowa providing that the Code of Ordinances, City of Dubuque, Iowa, be amended by repealing Chapter 34 thereof and enacting a new Chapter 34 Parks and Recreation, presented and read. OFFICIAL PUBLICATION ORDINANCE NO 54-06 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA BE AMENDED BY REPEALING CHAPTER 34 THEREOF AND ENACTING A NEW CHAPTER 34 PARKS AND RECREATION NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 293 Section 1. That Chapter 34 of the Code of Ordinances of the City of Dubuque, Iowa be amended by repeaiing Chapter 34 and enacting a new Chapter 34 in lieu thereof. Section 2. When Effective. This Ordinance shall take effect immediately upon publication as provided by law. Passed, approved and adopted this 5th day of July, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC City Clerk Chapter 34 PARKS AND RECREATION ARTICLE I. IN GENERAL Secs. 34-1-34-10. (Reserved) ARTICLE II. ADMINISTRATION DIVISION 1. GENERALLY Sec. 34-11. Park Rangers: Employees assigned duties from time to time as park rangers in the Leisure Services Department are designated as law enforcement officers subject to the certification of the successful completion of training at an approved law training facility. (1976 Code, !i 27-11; Ord. 63- 94, !i 1, 11-7-1994) Sees. 34-12-34-20. (Reserved) DIVISION 2. PARK AND RECREATION ADVISORY COMMISSION Sec. 34-21. Created: There is hereby created a Park and Recreation Advisory Commission to have such powers and responsibilities as hereinafter provided. (1976 Code, !i 27-16; Ord. 88-95, !i 1, 12-18-1995, eff. 1-1-1996) Sec. 34-22. Purpose: The purpose of the Commission is to: (1) Contribute to the general beautification of the City and assist in providing facilities for active and passive recreation through landscaping and maintaining park land and facilities; and (2) Provide year round opportunities for organized recreation activities for residents of all ages and social groups. (1976 Code, !i 27-17) Sec. 34-23. Powers: The responsibilities of the Commission are to advise the City Council on: (1) The establishment of rules and regulations 90vernin9 the use of all grounds and facilities that have been or may be set aside as publiC parks, playgrounds and other such park and recreation facilities. Such rules and regulations include are but not limited to: a. Opening and closing hours for the use of all park and recreation facilities by the general public. b. Establishment of fees, including the issuance of permits for public use of all park and recreation facilities. (2) The establishment of rules and regulations for all recreational programs provided by the City, includin9 the establishment of fees for participation by the public in such activities. 294 Regular Session, July 5, 2006 (1976 Code, ~ 27-18; Ord. 63-94, ~ 2, 11-7- 1994) Sec. 34-24. Cooperation With Other Agencies: In the conduct and operation of recreation grounds and recreation programs, the Commission shall cooperate with the Dubuque Community School District, Archdiocese School System and all other groups interested in the promotion and implementation of recreational activities which are in the best interest of the City. (1976 Code, ~ 27-19) Sec. 34-25. Solicitation And Acceptance Of Donations: The Commission may solicit donations and gifts of money, personal and real property and personal services. All such donations and gifts shall become the property of the City for the general support of park and recreation programs of the City unless such items have been designated by the donors for specific purposes. (1976 Code, ~ 27-20) Sec. 34-26. Membership, Appointment: (a) The Commission shall comprise of seven (7) persons who shall be appointed by the City Council for terms of three (3) years. Four (4) members of the Commission shall constitute a quorum for the transaction of business. (b) The expiration date for all terms of office shall be June 30 of the appropriate year. (1976 Code, ~ 27-21; Ord. 63-94, ~ 3,11-7- 1994) Sec. 34-27. Attendance: (a) The attendance of all Commission members shall be entered upon the minutes of all meetings by the secretary. (b) If a member does not attend at least two- thirds (2/3) of all regularly scheduled meetings within a twelve (12) month period it shall be grounds for the Commission to recommend to the City Council that the position be declared vacant and a replacement appointed. (1976 Code, ~ 27-22) Sec. 34-28. Compensation: Members of the Commission shall serve without compensation except for reimbursement of necessary expenses. (1976 Code, ~ 27-23) Sec. 34-29. Organization: (a) The officers of the Commission shall be a chairperson, a vice chairperson and a secretary. All officers shall be members of the Commission. (b) At the first meeting in July of each year, the Commission shall elect officers to serve one year terms of office. All officers shall be eligible to serve successive terms of office. (1976 Code, ~ 27-24) Sec. 34-30. Meetings: (a) The Commission shall meet not less than bimonthly, after four thirty o'clock (4:30) P.M. on a regularly scheduled day. (b) Special meetings may be called by the chairperson or at the written request of three (3) members. (c) A copy of the minutes of all regular and special meetings of the Commission shall be filed with the City Clerk within ten (10) working days after each such meeting. (1976 Code, ~ 27-25; Ord. 63-94, ~ 4,11-7-1994) Sees. 34-33-34-40. Reserved: Sees. 34-43-34-50. Reserved: ARTICLE Iii. USE REGULATIONS Sec. 34-51. Definitions: As used in this article, the following terms shall have the following meanings: Commission or the Commission: The park and recreation advisory commission of the city. Parks or Parkways: Parks, parkways, buildings, park roads or driveways, and all public service facilities or grounds, buildings and structures in and adjacent to the city, which are under the nesponsibility of the commission. (1976 Code, ~ 27-46; Ord. 88-95, ~ 1, 12-18-1995, elf. 1-1- 1996) Sec. 34-52. Intoxicating Beverages: (a) The consumption or use of "alcohoiic liquors" or "wine" as defined by chapter 123 of the code of Iowa or any type of wine product is prohibited in any public park or park and recreation facility including park roadways and parking lots. This subsection shall not appiy, however, to the consumption or use of alcoholic liquors or wine in Four Mounds park at an event sponsored or expressly approved by the Four Mounds foundation, or at publiC events sponsored by nonprofit organizations held at The American Trust River's Edge Plaza or the Mississippi Riverwalk and for which a special events permit has been issued, or at an event at the Alliant Energy Amphitheater for which a special events permit has been issued. (b) The consumption of beer on any park roadway or parking lot or in cars is prohibited at all times. (c) Where the use or consumption of beer is permitted, no beer in containers commonly referred to as "keg beer" shall be permitted at any time except by a licensed holder of a beer permit who has obtained a permit from the City Manager authorizing the use of such container. (d) The consumption or use of beer is prohibited in the following named parks: Alliant Energy Amphitheater Allison-Henderson Park The American Trust Rive~s Edge Plaza Avon Park Burden Park Caledonia Park Cancer Survivor Park Cleveland Park Comiskey Park E.B. Lyons PrairieNVoodland Preserve Eagie Valley Park Regular Session, July 5, 2006 Elmwood Green Park Falk Park Flat Iron Park Gay Park Granger Creek Nature Trail Grant Park Harvest View Park Heritage Trail Hillcrest Park Hilltop Park Ice Harbor Park Jackson Park Jefferson Park Madison Park Mama Ridge Children's Forest Medical Associates Greenbelt Mississippi Riverwalk Nicholas J. Sutton Swimming Pool Pet Park Pinard Park Pyatigorsk Park Riley Park Rocco Buda Jr. Park Southem Park Teddy Bear Park Usha Park Valentine Park Valley High Park Waller-Cooper Park Washington Park Welu Park Westbrook Park This subsection shall not apply, however, to the consumption or use of beer at public events sponsored by nonprofit organizations held at The American Trust Rivers Edge Plaza or the Mississippi Riverwalk and for which a special events permit has been issued, or at an event at the Alliant Energy Amphitheater for which a special events permit has been issued. This subsection shall also not apply to the consumption or use of beer in a park for an event with the prior written approval of the city manager. (1976 Code, ~ 27-49; Ord. 63-94, ~ 7, 11-7-1994; Ord. 47-95, ~ 1, 7-17-1995; Ord. 16- 99, ~ 1, 3-1-1999; Ord. 42-00, ~ 1, 5-1-2000; Ord. 20-03, ~~ 1, 2, 4-7-2003) Sec. 34-53. Horsedrawn Vehicles, Riding Of Animals Restricted: Horsedrawn vehicles, riding horses or any other domesticated animal used for such purposes shall be prohibited in any park unless permission is granted by the park and recreation advisory commission of the city. (1976 Code, ~ 27-50; Ord. 88-95, ~ 1, 12-18-1995, eff. 1-1-1996) Sec. 34-54. Dogs, Cats, And Other Domestic Animals: No person shall be permitted to bring into any park, any dog, cat or other domestic animal, nor shall any person permit such dog, cat or other domestic animals to run at large in any park. Any unattended animal shall be impounded and 295 its owner may redeem the same upon paying the reasonable costs of such impoundment. Notwithstanding the foregoing, leashed dogs and cats shall be permitted in the following: Miller - Riverview Park Granger Creek nature trail John G. Bergfeld recreation area (1976 Code, ~ 27-51; Ord. 7-00, ~ 1, 1-17-2000) Medical Associates Greenbelt Park Unleashed pets shall be permitted in the Pet Park. Sec. 34-55. Walking On Grass: No person shall go on foot or otherwise upon the grass or turf of any park or parkway where any prohibitory sign is posted. (1976 Code, ~ 27-54) Sec. 34-56. Throwing Stones, Etc.: No person shall throw any stone or any other missile within any park or parkway. (1976 Code, ~ 27-55) Sec. 34-57. Interfering With Animals: No person shall kill, trap, tease, annoy, disturb, feed or interfere with any bird or other fowl, animals or fish in any park or parkway. No person shall rob, injure or destroy the nest of any bird or any other fowl. (1976 Code, ~ 27-56; Ord. 88-95, ~ 1, 12-18-1995, eff. 1-1-1996) Sec. 34-58. Unlawful Deposits: No person shall throw, deposit, place or leave in any park or parkway any paper, rubbish, waste or refuse of any kind or nature, but shall deposit the same in the receptacles provided for such materials in the parks or parkways. (1976 Code, ~ 27-57) Sec. 34-59. Obstructions: No person shall place or suffer to remain in any park or parkway any goods, wares, merchandise or other articles in the nature of any obstruction to the free use and enjoyment of such park or parkway without written permission from the park and recreation advisory commission of the city. (1976 Code, ~ 27-58; Ord. 88-95, ~ 1, 12- 18-1995, eff. 1-1-1996) Sec. 34-60. Posting Bills, Etc.: No person shall post, paste, fasten, paint or affix any placard, bill, notice or sign upon any structure, tree, stone, fence, thing, or enclosure along or within any park or parkway. (1976 Code, ~ 27-59) Sec. 34-61. Saies Restricted: No person shall sell or offer for sale any article or service whatsoever in any park or parkway. The provisions of this section shall not apply to sales of refreshments or any other articles from concession stands authorized by the commission. (1976 Code, ~ 27-61) Sec. 34-62. Possession Of Firearms, Weapons And Fireworks: (a) The possession of firearms, air riftes, bows and arrows, pellet guns slingshots, or fireworks of any description by any person within the limits of any park or parkway is hereby prohibited. 296 Regular Session, July 5, 2006 (b) Nothing herein shall prohibit the hunting with bow and arrow of deer by persons licensed by and during the period of time authorized by the Iowa Department of Natural Resources and issued a permit by the City. (1976 Code, S 26-7; Ord. 55-97, S 1, 10-6-1997; Ord. 39-98, S 1,6- 15-1998; Ord. 79-99, S 1, 9-20-1999) (1976 Code, S 27-62) Sec. 34-63. Climbing On Fences, Roofs, Etc.: No person shall climb, damage, tamper with, stand or sit on any fence, rail or any other structure not intended for such use in any park or parkway. The climbing of buildin9s and going on roofs, either with ladders or from the inside of the buiidings through the windows or any other way is forbidden. Climbing over ledges in ledge gardens by any person is prohibited. (1976 Code, S 27-63) Sec. 34-64. Moving Benches And Tables: No person shall move benches, seats and tables from any building or to any building in any park or parkway without first securing permission of the City Manager. (1976 Code, S 27-64; Ord. 63- 94, S 8,11-7-1994) Sec. 34-66. Use Of Spotlights, Searchlights: It shall be unlawful for any person, except regular park employees, to operate or manipuiate in any park or upon any parkway any spotlight or searchlight. (1976 Code, S 27-66) Sec. 34-67. Reserved: (Ord. 16-99, S 2,3-1-1999) Sec. 34-68. Meetings and Gatherings: Buildings for group gatherings may be reserved during the open park season by contacting the park and recreation office. Such reselVations can be made after January 1 for that yea(s park season. Buildings shall be cleaned up after use by the party reserving the same. Litter, cans, paper, waste and refuse shall be deposited in receptacles provided therefore. (1976 Code, S 27-68; Ord. 40-93, S 3, 7-6-1993; Ord. 63-94, S 11,11-7-1994) Sec. 34-69. Fires: No person shall start any fire in any park or upon any parkway, except that small fires may be made in the places in parks provided by the City for that purpose. Every person who starts or uses any such fire is hereby charged with the duty of completely extinguishing such fire before leaving it. (1976 Code, S 27-69; Ord. 63-94, S 12,11-7-1994) Sec. 34-70. Loosening Stones From Bluffs Prohibited: No person shall loosen stones from bluffs and rolling or throwing the same down the face of the bluff. (1976 Code, S 27-70) Sec. 34-71. Washing Vehicles: No person shall wash any motor vehicle, motorcycle or scooter in any city park. (1976 Code, S 27-71; Ord. 63-94, S 13, 11-7-1994) Sec. 34-72. Compliance Wrth Motor Vehicle Laws, Ordinances: No person in a park or parkway shall fail to compiy with ali applicable provisions of the motor vehicle's law of the state in regard to equipment and operation of motor vehicles together with such regulations as are contained in this articie and other ordinances of the city. (1976 Code, S 27-72) Sec. 34-73. Removal Of Unattended Vehicles Left After Closing Hours: Any motor vehicle left unattended in any of the parks after closing thereof shall be deemed abandoned and the City Manager or the park ranger shall cause the same to be towed from such park and the same shall not be redeemed by the owner or the person responsible therefore until the reasonable towing charges and storage fees are paid. (1976 Code, S 27-73; Ord. 63-94, S 14,11-7-1994) Sec. 34-74. Open Season And Hours Generally: (a) No person shall enter or remain in any park or park and recreation facility other than during the season and hours designated in this section. (b) For the purposes of this section, the regular park season shall mean from the first Saturday in May through the fourth Sunday of October. The Pet Park shall be open year-round. (c) Eagle Point park and Louis Murphy park shall be open for use by the public from seven o'clock (7:00) AM. to ten o'clock (10:00) P.M. Sunday through Thursday, and from seven o'clock (7:00) A.M. to eleven o'clock (11:00) P.M. Friday and Saturday during the regular park season. (d) Marshall park and the public use area of Franklin D. Roosevelt park shall be open to the general publiC from seven o'clock (7:00) AM. to sunset daily during the regular park season. (e) Gerald "Red" McAleece park and recreation complex and Veterans' Memorial park shall be open for use by the public from seven o'clock (7:00) A.M. to twelve o'ciock (12:00) midnight daily. (I) Bunker Hill golf course shall be open for use by the public from seven o'clock (7:00) AM. to eieven o'clock (11 :00) P.M. daily, March through November. (g) Fiora park swimming pool and Nicholas J. Sutton swimming pool shall be open for use by the public from six o'clock (6:00) A.M. to ten o'ciock (10:00) P.M. daily, June through August. (h) The following parks and park and recreation facilities shall be open for use by the pubiic from seven o'clock (7:00) A.M. to ten o'clock (10:00) P.M. daily: Allison-Henderson Park Avon Park John G. Bergfeld Recreation Area Burden Park Cancer Survivor Park Caledonia Park Cieveland Park Comiskey Park Regular Session, July 5, 2006 Eagle Valley Park Elmwood Green Park Falk Park Flat Iron Park Flora Park Gay Park Granger Creek Nature Trail Grant Park Harvest View Park Heritage Trail Hillcrest Park Hilltop Park Ice Harbor Park Jackson Park Jefferson Park Madison Park Mama Ridge Children's Forest Medical Associates Greenbelt Oakwood Park Pet Park Pinard Park Pyatigorsk Park Riley Park Rocco Buda Jr. Park Southem Park Teddy Bear Park Usha Park Valentine Park Valley High Park Waller-Cooper Park Washington Park Welu Park Westbrook Park (i) Miller-Riverview park shall be open for use by the public from seven o'clock (7:00) A.M. until ten o'clock (10:00) P.M. daily, and only registered campers shall be permitted in the area at all other hours. 0) The cijy manager or authorized representative shall have the authority to close any or all parks, park and recreation facilities, park roadways and park parking lots before scheduled closing hours at times it is deemed necessary in the interest and safety of the public. (k) The following parks shall be open for use by the public twenty four (24) hours per day: Alliant Energy Amphitheater The American Trust River's Edge Plaza Mississippi Riverwalk (1976 Code, 9 27-74; Ord. 63-94, 9 15, 11-7-1994; Ord. 16-99, 9 3, 3-1- 1999; Ord. 20-03, 99 3, 4, 4-7-2003) Secs. 34-75-34-85. Reserved: ARTICLE IV. SPECIFIC PARKS Sec. 34-86. Alliant Ener9Y Amphitheater: The following described parcel of real estate is and shall be used for pUblic park purposes and shall be continued to be known, called and named as "Alliant Ener9Y Amphitheate~' and placed under the jurisdiction of the Park and Recreation Advisory Commission: 297 The area of the Port of Dubuque west of the Mississippi Riverwalk, south of the railroad tracks east of Bell Street, and adjacent to the former Dubuque Star Brewery. (Ord. 20-03, 9 11,4-7-2003) Sec. 34-87. Allison-Henderson Park: The followin9 described parcel of real estate is and shall be used for public park purposes and shall be continued to be known, called and named as "Allison-Henderson Park" and placed under the jurisdiction of the Park and Recreation Advisory Commission: Lots 1, 18, 19, 20, 21 and 22 of Pinehurst Subdivision in the City of Dubuque, Iowa. (1976 Code, 9 27-100; Ord. 88-95, 9 1, 12-18- 1995, eff. 1-1-1996) Sec. 34-88. Avon Park: The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be known, called and named as "Avon Park" and placed under the jurisdiction of the Park and Reaeation Advisory Commission: Lots 6 through 10 of Mary Ann McDaniel's Subdivision of parts of Lots 823 and 824 of A. McDaniel's Subdivision in the City of Dubuque, Iowa. (1976 Code, 9 27-101; Ord. 88-95, 9 1, 12-18- 1995, eff. 1-1-1996) Sec. 34-89. A.Y. McDonald Park The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be known, called and named as "A.Y. McDonald Park" and placed under the jurisdiction of the Park and Recreation Advisory Commission: Blocks 1,2, 3, 4 and 5 in River Front Subdivision NO.3 Sec. 34-90. Bunker Hill Golf Course: The following described parcel of real estate is and shall be continued to be known, called and named as "Bunker Hill Golf Course" and placed under the jurisdiction of the Park and Recreation Advisory Commission: Part of Lot 2 in Highland Farms Addition; Lot 16 in Pfohl's Subdivision; Mineral Lots 189, 200, 201, 202, 210, 270, 336 and 370, and parts of Mineral Lots 190,265 and 340, all in the City of Dubuque, Iowa. (1976 Code, 9 27-120; Ord. 88-95, 9 1, 12-18- 1995, eff. 1-1-1996) Sec. 34-91. Burden Park: The following described parcel of neal estate is and shall be used for public park purposes and shall be continued to be known, called and named as "Burden Park" and placed under the jurisdiction of the Park and Recreation Advisory Commission: Lot 1 of Lot 1 of Lot 3 northeast quarter, Section 13, Township 89 North, Range 2 East in the City of Dubuque, Iowa. 298 Regular Session, July 5, 2006 (1976 Code, 9 27-109; Ord. 88-95, 9 1, 12-18- 1995, elf. 1-1-1996; Ord. 16-99, 9 10, 3-1-1999) Sec. 34-92. Caledonia Park: The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be known, called and named as "Caledonia Park" and placed under the jurisdiction of the Park and Recreation Advisory Commission: Lot 38 of Kelly's Subdivision in the City of Dubuque, Iowa. (1976 Code, 9 27-93; Ord. 88-95, 9 1, 12-18- 1995, elf. 1-1-1996; Ord. 16-99, 94,3-1-1999) Sec. 34-93. Cleveland Park: The following described parcel of real estate is and shall be used for pubiic park purposes and shall be continued to be known, called and named as "Cieveland Park" and placed under the jurisdiction of the Park and Recreation Advisory Commission: South lwo-thinds of City Lot 695 and Lots 35, 36, 37 and east 20 feet of Lot 38 of Union Addttion in the City of Dubuque, Iowa. (1976 Code, 9 27-108; Ord. 88-95, 9 1, 12-18- 1995, elf. 1-1-1996) Sec. 34-94. Comiskey Park: The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be known, called and named as "Comiskey park" and placed under the jurisdiction of the park and recreation advisory commission: Lots 1 through 23, Lots 24 through 46 and the intervening alley in Boulevard Addition of the City of Dubuque, Iowa. (1976 Code, 9 27-92; Ord. 88-95, 91, 12-18-1995, elf. 1-1-1996) Sec. 34-95. Eagie Point Park And Ham House Museum: The following described parcel of real estate is and shall be continued to be known, called and named as "Eagle Point park" and includes the land upon which the Ham house museum is situated and placed under the jurisdiction of the Park and Recreation Advisory Commission: Lot 1 through Lot 7 in Berendes Subdivision; Lot 2 in Chris Braun's Place; Lot 1 of Lot 1 of Lot 2 of Lot 2A in Clark's Subdivision; Lot 2 of Lot 1, Lot 2 of Lot 1 of Lot 1, and Lot 2 in Eagle Point View; Lot 2 of Lot 6, Lot 2 of Lot 1 of Lot 6, and Lot 107 through Lot 124 in Fountain Hill Resubdivisions; Lot 529 through Lot 534 in Ham's Addition; Lot 503 through Lot 515 in Ham's Addition (Eagle Point); Lot 2 of Lot 221, Lot 1 of Lot 222, Lot 223 and Lot 224 in Julien Addition; Lot 1 of Lot 6 in Katherine Place; Lot 2 of Lot 1 of Lot 1 of Lot 1 in Potter Piace; Lot 1 through Lot 10 in Potte~s Shiras Avenue Place; Lot 1 of Lot 2 of Lot 2 of Lot 3 and Lot 2 of Lot 3 in Shiras Subdivision; and parts of Mineral Lots 305A, 308, 309A, 310, 311 and 312, all in the City of Dubuque, Iowa. (1976 Code, 9 27-119; Ord. 88-95, 9 1, 12-18- 1995, elf. 1-1-1996) Sec. 34-96. Eagle Valley Park The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be known, called and named as "Eagle Valley Park" and placed under the jurisdiction of the Park and Recreation Advisory Commission: Lot C of Block 3 of Eagle Valley Subdivision. Sec. 34-97. E.B. Lyons PrairieNVoodland Preserve: (a) The following described real estate is hereby placed under the control of the jurisdiction and management of the park and recreation advisory commission of the city: Lots 2 and 3 of the northeast one-quarter of the southeast one-quarter of section 1, township 88 north, range 2 east of fifth prime meridian; Lots 2 and 3 of the northwest one-quarter of the southwest one-quarter, Lots 2 and 3 of the northeast one-quarter of the southwest one- quarter, and Lot 2 of Lot 1 of the southwest one- quarter of the southwest one-quarter; of section 6, township 88 north, range 3 east of the fifth prime meridian in Dubuque County, Iowa, according to the respective recorded plats thereof. (b) Such real estate shall be known, called and named as "the E.B. Lyons PrairieNVoodland Preserve" and accordingly such real estate is so permanently named. (1976 Code, 9 27-88; Ord. 88-95,91,12-18-1995, elf. 1-1-1996) Sec. 34-98. Elmwood Green Park: The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be known, called and named as "Elmwood Green Park" and placed under the jurisdiction of the Park and Recreation Advisory Commission: Lot 2-2-2 of Mineral Lot 349 in the City of Dubuque, iowa. (Ord. 16-99,913,3-1-1999) Sec. 34-99. Falk Park: The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be known, called and named as "Falk Park" and placed under the jurisdiction of the Park and Recreation Advisory Commission: Lot 23 in Falks Subdivision in the City of Dubuque, Iowa. (1976 Code, 9 27-104; Ord. 88-95, 91,12-18- 1995, elf. 1-1-1996; Ord. 16-99, 9 6, 3-1-1999) Sec. 34-100. Flat Iron Park: The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be known, called and named as "Flat Iron Park" (Phoenix) and placed under the jurisdiction of the Park and Recreation Advisory Commission: Regular Session, July 5, 2006 299 A triangularly shaped area bounded on the easterly side by Main Street, on the southerly side by Jones Street and on the westerly side by Shields Street. (1976 Code, ~ 27-98; Ord. 88-95, ~ 1, 12-18- 1995, elf. 1-1-1996) Sec. 34-101. Flora Parle Except for the appurtenant easements of right of way and a strip along Pennsylvania Street twenty feet (20') in width, the following real estate in the west end of the city: Sylvester Place: Lot 1 of 4 of Mineral Lot 260; Lot 2 of 1 of 2 of 4 of Mineral Lot 260; Lot 2 of 2 of 4 of Mineral Lot 260; Lot 2 of 2 of Mineral Lot 259; Lot 1 of 2 of Mineral Lot 259; Lot 1 of 1 of 1 of 1 of 1 of 2 of J. P. Metel's Subdivision is hereby set apart as a public park to be known as "Flora park" under the jurisdiction and control of the park and recreation advisory commission. (1976 Code, ~ 27-89; Ord. 88-95, ~ 1, 12-18- 1995, elf. 1-1-1996) Sec. 34-102. Four Mounds: The following described parcels of real estate shall be used for publiC park purposes and shall be hereinafter collectively known, called and named "Four Mounds"; Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 1, and Lot 1 of Lot 1 of Lot 2 of Lot 1, both of the Subdivision of: "Lot 1 of Lot 7 of the southwest one-quarter of Section 1, the southwest one-quarter of the northwest one-quarter of Section 1 and Government Lot 1 (or Mineral Lot 331) of Section 1, Township 89 North, Range 2 East of the fifth principal meridian." Lot 2 of the northwest one-quarter of the northwest one-quarter of Section 1, Township 89 North, Range 2 East of the fifth principal meridian, all in the City of Dubuque, Iowa, and Lot 16 of "John Deere Dubuque Tractor Works" in Dubuque Township, and Lot 2 of Lot 1 of Lot 1 of Lot 2 of Lot 2 of Section 2, both in Township 89 North, Range 2 East of the fifth principal meridian, according to the United States Government Survey and the recorded plats thereof, subject to easements of record. (1976 Code, ~ 27-91) Sec. 34-103. Franklin Delano Roosevelt Park: The following described parcel of real estate is and shall be used for publiC park purposes and shall be continued to be known, called and named as "Franklin Delano Roosevelt (FDR) Park" and placed under the jurisdiction of the Park and Recreation Advisory Commission: Lot 1 of the west half of the northeast one- quarter of Section 4, Township 88 North, Range 2 East of fifth principal meridian in Dubuque County, Iowa and Mineral Lots 272 and 273, Lot 1 of Mineral Lot 271, Lot 1 of Mineral Lot 274, and Lot 1 of Mineral Lot 276 in Dubuque Township, Dubuque County, Iowa. (1976 Code, ~ 27-110; Ord. 88-95, ~ 1, 12-18- 1995, elf. 1-1-1996) Sec. 34-104. Gay Park: The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be known, called and named as "Gay Park" and placed under the jurisdiction of the Park and Recreation Advisory Commission: Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 in Young Primrose Place and Lots 3 and 4 in Grommersch Place, all in the City of Dubuque, Iowa. (1976 Code, ~ 27-106; Ord. 88-95, ~ 1, 12-18- 1995, elf. 1-1-1996; Ord. 16-99, ~ 8, 3-1-1999) Sec. 34-105. Gerald "Red" McAleece Park and Recreation Complex: The following described parcel of real estate commonly referred to as "area e" I "Hamm Island", and "City Island" shall be hereinafter known, called and named as "Gerald "Red" McAleece Park and Recreation Complex": Those portions of Mineral Lots 294, 295, Lots 1 and 2 of 296, 297, 298, 299 and 300 and Government Lot 1, located In Sections 17, 18, 19 and 20, Town 89 North, Range 3 East in the City of Dubuque, Dubuque County, Iowa, and bounded by Lake Peosta Channel and the Mississippi River. (1976 Code, ~ 27-90) Sec. 34-106. Granger Creek Nature Trail: The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be known, called and named as "Granger Creek nature trail" and placed under the jurisdiction of the Park and Recreation Advisory Commission: Area surrounding Dubuque Technology Park at corner of Highways 151/61 and Lake Eleanor Road. (Ord. 16-99, ~ 13, 3-1-1999) Sec. 34-107. Grant Park: The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be known, called and named as "Grant Park" and placed under the jurisdiction of the Park and Recreation Advisory Commission: A triangularly shaped area bounded on the easterly side by Locust Street, on the westerly side by Blulf Street, and on the southerly side by Fifteenth Street. (1976 Code, ~ 27-97; Ord. 88-95, ~ 1, 12-18- 1995, eff. 1-1-1996) Sec. 34-108. Harvest View Park: The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be known, called and named as "Harvest View Park" and placed under the jurisdiction of the Park and Recreation Advisory Commission: Lot A of Harvest View Estates First Addition. (Ord. 20-03, ~ 8, 4-7-2003) Sec. 34-109. Heritage Trail: 300 Regular Session, July 5, 2006 The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be known, called and named as "Heritage Trail" and placed under the jurisdiction of the Park and Recreation Advisory Commission: A linear piece of property from 22nd to 32nd Streets along Elm Street, in the City of Dubuque, Iowa. (Ord. 16-99,913,3-1-1999) Sec. 34-110. Hillcrest Park: The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be known, called and named as "Hillcrest Park" and placed under the jurisdiction of the Park and Recreation Advisory Commission: Lot 1 of Lot 4 of Mineral Lot 261 in the City of Dubuque, Iowa. (1976 Code, 9 27-105; Ord. 88-95, 9 1, 12-18- 1995, eft. 1-1-1996; Ord. 16-99, 9 7, 3-1-1999) Sec. 34-111. Hilltop Park: The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be known, called and named as "Hilltop Park" and placed under the jurisdiction of the Park and Recreation Advisory Commission: West one-half of Lot 1 of the south one-third of Lots 34 and 35; west 127 feet and 6 inches of Lot 1 of Lot 2 of the south one-third of Lots 34 and 35; west one-half of Lot 2 of Lot 2 of the south one-third of Lots 34 and 35; west one-half of the north one-half of Lot 36; west one-half of the south one-half of Lot 36; west one-half of Lot 2 of Lot 37; Lot 1 of Lot 1 of Lot 37; Lot 2 of Lot 2 of Lot 1 of Lot 37 all in Kelly's Subdivision in the City of Dubuque, Iowa. (1976 Code, 9 27-112; Ord. 88-95,91,12-18- 1995, eft. 1-1-1996; Ord. 16-99,911,3-1-1999) Sec. 34-112. Ice Harbor Park: The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be known, called and named as "Ice Harbor park" and placed under the jurisdiction of the Park and Recreation Advisory Commission: The area of the Port of Dubuque between the Portside Building and the National Mississippi River Museum and Aquarium. (Ord. 20-03, 912,4-7-2003) Sec. 34-113. Jackson Park: The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be known, called and named as "Jackson Park" and placed under the jurisdiction of the Park and Recreation Advisory Commission: An area bounded on the westerly side by Main Street, on the southerly side by Fifteenth Street, on the easterly side by Iowa Street and on the northerly side by the south property line of City Lot 746 of the original township, all in the City of Dubuque, Iowa. (1976 Code, 9 27-99; Ord. 88-95, 9 1, 12-18- 1995, eft. 1-1-1996) Sec. 34-114. Jefterson Park: The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be known, called and named as "Jefterson Park" and placed under the jurisdiction of the Park and Recreation Advisory Commission: Lots 38, 39, 40 and east 21 feet of Lot 41 of Farley's Subdivision in the City of Dubuque, Iowa. (1976 Code, 9 27-102; Ord. 88-95, 9 1, 12-18- 1995, eft. 1-1-1996) Sec. 34-115. John G. Bergfeld Recreation Area: The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be known, called and named as "John G. Bergfeld Recreation Area" and placed under the jurisdiction of the Park and Recreation Advisory Commission: Lot C of the Dubuque Industrial Center West. (Ord. 6-00, 9 1,1-17-2000) Sec. 34-116. Louis Murphy Park: The following described parcel of real estate is and shall be continued to be known, called and named as "Louis Murphy Park", also formerly known as Grandview Park, and placed under the jurisdiction of the Park and Recreation Advisory Commission: That part of Lots 1, 2 and 4 of Mineral Lot 37 lying southerly of Highway 61; that part of Lots 1, 2, 3, 4 and 5 of O'Conno(s Subdivision lying southerly of Highway 61; westerly 42 feet of Lot 2 and the westerly 42 feet of Lot 2 of Lot 15 in Summer Hill Addition; Lots 14, 15, 16 and 17 in Rowan's Addition; Lot 1 of Lot 1 of the subdivision of Mineral Lot 36A; Lot 1 of Lot 2 of Mineral Lot 38; and that part of Lot 6 and all of Lots 7, 8, 9, 10, 11, 12 and 13 lying easterly of Highway 61, all in the City of Dubuque, Iowa. (1976 Code, 9 27-117; Ord. 88-95, 91, 12-18- 1995, eft. 1-1-1996) Sec. 34-117. Madison Park: The following described parcel of real estate is and shall be continued to be known, called and named as "Madison Park" and placed under the jurisdiction of the Park and Recreation Advisory Commission: Lots 32, 33, and 34 of the Subdivision of Lots 676 and 677 in L.H. Langworthy Addition; Lot 5 of the Subdivision of Lot 674 in L.H. Langworthy Addition; Lot 1 of Lot 2 of the Subdivision of Lots 676 and 677 in L.H. Langworthy Addition; Lot 3 of Lot 3 of the Subdivision of Lots 676 and 677 in L.H. Langworthy Addition; and two (2) unnumbered Lots lying between Lots 677 and 678 in L.H. Langworthy Addition, all in the City of Dubuque, Iowa. Regular Session, July 5, 2006 (1976 Code, 9 27-116; Ord. 88-95, 9 1, 12-18- 1995, elf. 1-1-1996) Sec. 34-118. Mama Ridge Children's Forest: The followin9 described parcel of real estate is and shall be used for public park purposes and shall be continued to be known, called and named as "Mama Ridge Children's Forest" and placed under the jurisdiction of the Park and Recreation Advisory Commission: Lot A of Lot B, Block 1 of Mama Ridge Estates 2, as comprised of Mildreds Addition in the City of Dubuque, Iowa. (Ord. 16-99,913,3-1-1999) Sec. 34-119. Marshall Park: The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be known, called and named as "Marshall Park" and placed under the jurisdiction of the Park and Recreation Advisory Commission: Northwest one-quarter of the southeast one- quarter of the southwest ollEKluarter of Section 10, Township 89 North, Range 2 East of the fifth principal meridian according to the United States Government Survey thereof, and the southwest quarter of the southwest quarter of Section 10, Township 89 North, Range 2 East of the fifth principal meridian according to the United States Government Survey thereof, also right-of-way over the westerty 20 feet of Lot 1 of the subdivision of Lot 1 of 1 of 1 of Mineral Lot 390, Lot 2 of 1 of Mineral Lot 386 and Lot 2 of Mineral Lot 380 according to the recorded plats thereof, all in the City of Dubuque, Iowa. (1976 Code, 9 27-94; Ord. 88-95, 9 1, 12-18- 1995, elf. 1-1-1996) Sec. 34-120. Medical Associates Greenbelt: The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be known, called and named as "Medical Associates greenbelt" and placed under the jurisdiction of the Park and Recreation Advisory Commission: Lot 11 of Medical Associates Subdivision in the City of Dubuque, Iowa. (Ord. 16-99,913,3-1-1999) Sec. 34-121. Miller-Riverview Park: The following described parcel of real estate is and shall be known, called and named as "Miller-Riverview Park" and placed under the jurisdiction of the Park and Recreation Advisory Commission: That part of Chaplain Schmitt Memorial Island located northeriy of the Dubuque greyhound racing facility and easterly of the wetlands area extending easterly an average of approximately four hundred (400) feet more or less to the Mississippi River. (1976 Code, 9 27-114; Ord. 68-93,991,2,12- 20-1993; Ord. 63-94, 9 18, 11-7-1994; Ord. 88- 95,91, 12-18-1995, elf. 1-1-1996) Sec. 34-122. Mississippi Riverwalk: 301 The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be known, called and named as "Mississippi Riverwalk" and placed under the jurisdiction of the Park and Recreation Advisory Commission: The walkway on the floodwall between The American Trust River's Edge Plaza and the Alliant Energy Amphitheater. (Ord. 20-03, 9 10,4-7-2003) Sec. 34-123. Nicholas J. Sutton Swimming Pool: The following described parcel of real estate is and shall be continued to be known, called and named as "Nicholas J. Sutton Swimming Pool" and placed under the jurisdiction of the Park and Recreation Advisory Commission: Part of Lots 44, 45, 46, 47, 48, 331, 332 and 333 in Ham's Addition; that part of vacated Garfield Avenue lying adjacent to Lots 45, 46, 331 and 332 in Ham's Addition; that part of vacated Summer Street lying adjacent to Lots 44, 45, 46, 47,48, 331, 332 and 333 in Ham's Addition; and that part of the vacated alley iying adjacent to Lots 46 and 47 in Ham's Addition, all in the City of Dubuque, Iowa. (1976 Code, 9 27-121; Ord. 88-95, 91, 12-18- 1995, eff. 1-1-1996; Ord. 20-03, 95,4-7-2003) Sec. 34-124. Oakwood Park: The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be known, called and named as "Oakwood Park" and placed under the jurisdiction of the Park and Recreation Advisory Commission: Lot 2 Oakwood Park Subdivision and Lot 1 of Lot 1 of Lot 1 of Heim Subdivision, both in the City of Dubuque, Iowa. (1976 Code, 9 27-95; Ord. 88-95, 91, 12-18- 1995, elf. 1-1-1996) Sec. 34-125. Park Tree Farm: The following described parcel of real estate is and shall be continued to be known, called and named as "Park Tree Farm" and placed under the jurisdiction of the Park and Recreation Advisory Commission; Lots 503 and 515 in Ham's Addition of the City of Dubuque, Iowa. (1976 Code, 9 27-113; Ord. 88-95, 9 1, 12-18- 1995, elf. 1-1-1996) Sec. 34-126. Pet Park The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be known, called and named as "Pet Park" and placed under the jurisdiction of the Park and Recreation Advisory Commission: Area on North Grandvlew Avenue, east of the Bunker Hill Golf course and south of the Water Department pumping station. Sec. 34-127. Pinard Park: The following described parcel of real estate is and shall be used for public park purposes and 302 Regular Session, July 5, 2006 shall be continued to be known, called and named as "Pinard Park" and placed under the jurisdiction of the Park and Recreation Advisory Commission: Lots 138, 139 and 140 in Glendale Addition No. 2 in the City of Dubuque, Iowa. (Ord. 16-99, ~ 13, 3-1-1999) Sec. 34-128. Pyatigorsk Park: The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be known, called and named as "Pyatigorsk Park" and piaced under the jurisdiction of the Park and Recreation Advisory Commission: Area located at the northeast corner of Sixteenth Street and Kerper Boulevard, west of the Jaycees trail and south of the Highway 151 Bridge. Sec. 34-129. Reserved: Sec. 34-130. Reserved: Sec. 34-131. Reserved: (Ord. 16-99, ~ 12, 3-1-1999) Sec. 34-132. Riley Park: The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be known, called and named as "Riley Park" and placed under the jurisdiction of the Park and Recreation Advisory Commission: Lot E of Crescent Heights Subdivision. (Ord. 20- 03, ~ 7, 4-7-2003) Sec. 34-133. Rocco Buda Jr. Park: The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be known, called and named as "Rocco Buda Jr. park" and placed under the jurisdiction of the Park and Recreation Advisory Commission: Lot 1 of 1 of 1 of 81 0 A McDaniels Subdivision. (Ord. 16-99, ~ 13, 3-1-1999) Sec. 34-134. Southern Park: The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be known, called and named as "Southern Park" and placed under the jurisdiction of the Park and Recreation Advisory Commission: Beginning at the NW Corner of Lot 1 of said John Breakey's Addition; thence S46" 22 3/4'W, 315.98 fl., along the Northwesteriy line of said John Breakey's Addition; thence S81" 011/4W, 12.72 fl.; thence S38" 47 3/4'E, 64.04 fl.; thence S51" 121/4'W, 46.36 fl.; thence N38" 47 3/4'W, 78.87 fl.; thence S68" 57 3/4'W, 111.56 fl.; thence S35" 45'W, 84.25 fl.; thence S42" 39'E, 218.28 fl. (Ord. 16-99, ~ 13, 3-1-1999) Sec. 34-135. Teddy Bear Park: The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be known, called and named as "Teddy Bear park" and placed under the jurisdiction of the Park and Recreation Advisory Commission: Lot 1 of Block 19, Sunnyslopes Estates in the City of Dubuque, Iowa. (Ord. 16-99, ~ 13, 3-1-1999; Ord. 20-03, ~ 6, 4- 7-2003) Sec. 34-136. The American Trust River's Edge Plaza: The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be known, called and named as "The American Trust Rive~s Edge plaza" and piaced under the jurisdiction of the Park and Recreation Advisory Commission: That area, including the flat area, steps and ramp, outside the floodwall at the Port of Dubuque at the south end of the Mississippi Riverwalk. (Ord. 20-03, ~ 9, 4-7-2003) Sec. 34-137. Usha Park: The followin9 described parcel of real estate is and shall be used for public park purposes and shall be continued to be known, called and named as "Usha park" and placed under the jurisdiction of the Park and Recreation Advisory Commission: Lot 1 of Lot 2 of Lot 1 of Byrne's Subdivision in the City of Dubuque, Iowa. (Ord. 16-99, ~ 13, 3-1-1999) Sec. 34-138. Valentine Park: The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be known, called and named as "Valentine park" and placed under the jurisdiction of the Park and Recreation Advisory Commission: Lot 1 of the Subdivision of Lot 1 of Lot 1 of Lot 1 of McLean Heights and Lot 4 in Block 2 of Mama Ridge Estates 2 in the City of Dubuque, Iowa. (Ord. 16-99, ~ 13, 3-1-1999) Sec. 34-139. Valley High Park: The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be known, called and named as "Valley High Park" and placed under the jurisdiction of the Park and Recreation Advisory Commission: Lot 2 of Lot 1 of Lot 1 of Lot 1 in Mineral Lot 337 and Lot 5 in Wiegand's Subdivision, all in the city of Dubuque, Iowa. (1976 Code, ~ 27-107; Ord. 88-95, ~ 1, 12-18- 1995, elf. 1-1-1996; Ord. 16-99, ~ 9, 3-1-1999) Sec. 34-140. Veterans' Memorial Park: The following described parcel of real estate is and shall be continued to be known, called and named as "Veterans' Memorial park" and placed under the jurisdiction of the Park and Recreation Advisory Commission: Lot 2 of Mineral Lot 382, Lots 1 and 2 of Lot 1 of Mineral Lot 383, Minerai Lot 384 and part of Lot 1 of Lot 1 of Lot 2 of Mineral Lot 385 lying south Regular Session, July 5, 2006 303 of Thirty Second Street, all in the City of Dubuque, Iowa. (1976 Code, ~ 27-118; Ord. 88-95, ~ 1, 12-18- 1995, eft. 1-1-1996) Sec. 34-141. Waller-Cooper Park: The followin9 described parcel of real estate is and shall be used for public park purposes and shall be continued to be known, called and named as 'Waller-Cooper Park" and placed under the jurisdiction of the Park and Recreation Advisory Commission: Lots 26, 27 and 28 in Cooper Heights Addition in the City of Dubuque, Iowa. (1976 Code, ~ 27-103; Ord. 88-95, ~ 1, 12-18- 1995, eft. 1-1-1996; Ord. 16-99, ~ 5, 3-1-1999) Sec. 34-142. Washington Park: The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be known, called and named as 'Washington Park" and placed under the jurisdiction of the Park and Recreation Advisory Commission: An area bounded on the northeriy side by West Seventh Street, on the westeriy side by Bluft Street, on the southerly side by West Six1h Street, and on the easterly side by Locust Street. (1976 Code, ~ 27-96; Ord. 88-95, ~ 1, 12-18- 1995, eft. 1-1-1996) Sec. 34-143. Welu Park: The followin9 described parcel of real estate is and shall be used for public park purposes and shall be continued to be known, called and named as 'Welu park" and piaced under the jurisdiction of the Park and Recreation Advisory Commission: Lot 22 of Sunset Park Eighth Addition to the City of Dubuque, Iowa. (Ord. 20-03, ~ 12,4-7-2003) (Ord. 6-00, ~ 1,1-17-2000) Sec. 34-144. Westbrook Park The following described parcel of real estate is and shall be used for publiC park purposes and shall be continued to be known, called and named as "Westbrook Park" and placed under the jurisdiction of the Park and Recreation Advisory Commission: Approximately three (3) acres within Lot A, Block 1 of Westbrook Subdivision. A Copy of Ordinance No. 54-06 is on file In the City Clerk's Office, City Hall, 13'h and Central Avenue, Dubuque, Iowa, and may be viewed during normal working hours, Monday through Friday, 8:00 o'clock a.m. to 5;00 o'clock p.m. Published officially in the Telegraph Herald newspaper this 14th day of JUiy, 2006. Jeanne F. Schneider, City Cierk 1t 7/14 Jones moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetin9s prior to the meeting at which it is to be finally passed be suspended. Seconded by Braig. Motion carried 7-0. Jones moved final consideration and passage of the Ordinance. Seconded by Connors. Motion carried 7-0. Sanitary Sewer at Training Center: City Manager recommending that the City provide additional financial support for the joint City/County Fire Training Center Project in the amount of $25,000 to hook up to the sanitary sewer, presented and read. Connors moved that the communication be received and filed and approved recommendation. Seconded by Jones. Motion carried 7-0. Greater Dubuque Development Corporation; Communication from the Greater Dubuque Development Corporation requesting appoint- ments to the Greater Dubuque Development Corporation Board of Directors, presented and read. Cline moved that the communication be received and filed and affirmed that the Mayor, City Manager, and Economic Development Director would continue to serve and reappointed City Council Members Joyce Connors and Patricia Cline. Seconded by Connors. Motion carried 7-0. Dubuque Museum of Art; City Manager Van Miliigen stated that Consent Item #18 should have been an Action Item as John Schmidt, President of Dubuque Bank and Trust, was present to discuss the request with the City Council. Cline moved to reconsider the previous action taken with regard to the request of the Dubuque Museum of Art. Seconded by Michalski. Motion carried 7-0. Mr. Schmidt spoke clarifying the requested action and stated that they were requesting that the loan be forgiven entirely or that it be amortized an additional five years over the life of the ioan. Michalski requested additional information and asked that the Council be provided the Museum annual financial report. Cline moved to table to the nex1 meeting. Seconded by Connors. Motion carried 7-0. COUNCIL MEMBER REPORTS Michalski stated she represented the City on June 24, 2006 and received a Certificate of Recognition for "Rediscover Downtown." Cline mentioned the crowd control at the recent Alice Cooper concert was impressive. Braig stated that there was a good film on global warming at the National Mississippi River Museum. She also mentioned that the United States has not signed the Kyoto Agreement and requested the staft to look into that and perhaps refer to the City's Environmental Stewardship Advisory Commission. Mayor Buol thanked all for the fireworks display. 304 Regular Session, July 5, 2006 There being no further business, Michalski moved to adjourn. Seconded by Cline. Motion carried 7-0. The meeting adjourned at 8:51 P.M. /s/ Jeanne F. Schneider, CMC City Clerk 11 7/14 Approved: 2006 Adopted 2006 Mayor Council Members Attest: City Cierk Regular Session, July 17, 2006 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, July 17, 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 Monsignor Wayne Ressler, Pastor of St. Raphael's Cathedral. Proclamations: Dubuque County Fair Week (July 25 - 30, 2006) received by Fair Manager Shannon Lundgren; United Way Campaign Time (August 3 - October 31, 2006) received by United Way Board Chairperson Lori Thielen CONSENT ITEMS Minutes and Reports Submitted: City Council of 7/5; Enterprise Zone Commission of 5/24' Long Range Planning Advisory Commission 01 6/21; Park and Recreation Commission of 6/13 and 7/11; Zoning Board of Adjustment of 6/22, presented and read. Cline moved that the minutes be received and filed. Seconded by Connors. Motion carried 7-0. Library Board of Trustees Update from meeting of June 22, 2006, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. Proofs of publication of City Council Proceedings of June 1 g and 21, 2006 and List of Claims and Summary of Revenues for month ending May 31, 2006, presented and read. Cline moved that the proofs be received and filed. Seconded by Connors. Motion carried 7-0. Notice of Claims/Suits: Bird Chevrolet for vehicle damage; City of Bellevue for vehicle damage; Bob and Donna Humke for property damage; Jane M. Jaeger for property damage; Robert Kaesbauer for property damage; Bill McGovern for property damage; Rhonda Metcalf v. City of Dubuque; Ferd A. Nesler for vehicle damage; Oak Park Place for property damage; Michael V. and Tansy Jo Rooney for property 305 damage; Jeremiah Shanahan for vehicle damage; Michael and Barbara Skahill for property damage, presented and read. Cline moved that the claims and suits 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: Bird Chevrolet for vehicle damage; Bob and Donna Humke for property damage; Bill McGovern for property damage; Ferd A. Nesler for vehicle damage; Oak Park Place for property damage; Jeremiah Shanahan for vehicle damage, presented and read. Cline moved that the communications be received and filed and concurred. Seconded by Connors. Motion carried 7-0. City Attorney recommending denial of the claim of Jessica Sampson for vehicle damage, presented and read. Cline moved that the communication be received and filed and approved recommendation. Seconded by Connors. Motion carried 7-0. Fire Simulators for Training Center: City Manager recommending approval to reimburse the Training Center Task Force $365,000 for fire simulators which have been installed at the Dubuque County Firefighters Association Regional Emergency Responders Training FaCIlity, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 310-06 AUTHORIZING THE REIMBURSEMENT OF DUBUQUE COUNTY FIREFIGHTERS ASSOCIATION IN THE AMOUNT OF $365,000.00 FOR THE PURCHASE OF EQUIPMENT FOR THE JOINT CITY/COUNTY REGIONAL EMERGENCY RESPONDER TRAINING CENTER PROJECT WHEREAS, the City Council, in its fiscal year 2007 budget, budgeted $365,000 to be used by the City of Dubuque (City) for the purchase by Dubuque County Firefighters Association of Fire Simulators for the Joint CITY/COUNTY Regional Emergency Training Center Project; and WHEREAS, Dubuque County Firefighters ASSOCiation has notified City that it has purchased the equipment; and WHEREAS, Dubuque County Firefighters Association has now requested reimbursement from City in the amount of $365,000.00 for the equipment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 306 Regular Session, July 17, 2006 1. The City Finance Director is authorized and directed to reimburse Dubuque County Firefighters Association in the amount of $365,000.00 for the purchase of equipment as described herein for the Joint City/County Regional Emergency responder Training Center Project. Passed, approved and adopted this 17th day of July, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Mediacom: Communication from LeeAnn Herrera, Mediacom, advising of various monthly rate adjustments, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. Heritage Trail Extension: Heron Pond Trail Project: City Manager recommending acceptance of the Heritage Trail Extension: Heron Pond Trail Project as completed by Tschiggfrie Excavating Co., in the final contract amount of $292,269.14, presented and read. Cline moved that the communication be received and fiied. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 311-06 ACCEPTING THE HERITAGE TRAIL EXTENSION PROJECT - PHASE II FROM THE HERON POND WETLANDS TO THE DUBUQUE JAYCEES TRAIL Whereas, the contract for the Heritage Trail Extension Project - Phase II from the Heron Pond Wetlands to the Dubuque Jaycees Trail (the Project) has been completed and the City Manager has examined the work and filed a certificate statin9 that the Project has been completed according to the terms of the contract, plans and specifications and that the City Manager recommends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Manager is approved and the Project is hereby accepted. Section 2. The City Treasurer is hereby directed to pay to the contractor from the DMATS STP TEA-21 Grant (STP-ES-2100 (631)--81-31) in the amount of $221,855.26 and an appropriation from General Fund obligations for the Heritage Trail Project (30% local match) in the amount of $95,567.86 for the contract amount in the amount of $317,423.14 less any retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code chapter 573. Passed, approved and adopted this 17'h day of July, 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. 312-06 FINAL ESTIMATE Whereas, the construction contract for the Heritage Trail Extension Project - Phase II from the Heron Pond Wetlands to the Dubuque Jaycees Trail has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $317,423.14 and the said amount shall be paid from the allocation of the DMATS STP TEA-21 Grant (STP-ES-2100 (631)--81-31) in the amount of $221,855.26 and an appropriation from General Fund obligations for the Heritage Trail Project (30% local match) in the amount of $95,567.68 of the City of Dubuque, Iowa. Passed, approved and adopted this 17th day of July, 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. University Avenue RCB Storm Sewer Extension Project: City Manager recommending acceptance of the construction contract for the reinforced concrete box culvert extension of the University Avenue Reconstruction Project in the final contract amount of $1,246,555.21, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 313-06 ACCEPTING THE REINFORCED CONCRETE BOX (RCB) CULVERT EXTENSION OF THE UNIVERSITY AVENUE RECONSTRUCTION PROJECT Whereas, the contract for the reinforced concrete box (RCB) culveri extension of the University Avenue Reconstruction Project (the Project) has been completed and the City Manager has examined the work and filed a certificate stating that the Project has been completed according to the terms of the contract, plans and specifications and that the Regular Session, July 17, 2006 City Manager recommends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Manager is approved and the Project is hereby accepted. Section 2. The City Treasurer is hereby directed to pay to the contractor from the Surface Transportation Funds (STP) and the Street Construction Fund appropriation for the contract amount of $1,248,555.21 less any retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such retainage only in accordance with the provisions of iowa Code chapter 573. Passed, approved and adopted this 17'h day of July, 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. 314-06 FINAL ESTIMATE Whereas, the construction contract for the reinforced concrete box (RCB) culvert extension of the University Avenue Reconstruction Project, has been completed and the City Engineer has submitted his final estimate showing the cost thereof inciuding the cost of estimates, notices and inspection and all miscellaneous costs. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $1,758,620.54 and the said amount shall be paid from the Surface Transportation Funds (STP) and the Street Construction Fund of the City of Dubuque, Iowa. Passed, approved and adopted this 17'h day of July, 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, 2006 Curb Ramp Installation - CDBG Phase II Project: City Manager recommending acceptance of the 2006 Curb Ramp Installation - CDBG Phase II Project as completed by Kluck Construction, in the final contract amount of $21,464.66, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO, 315-06 ACCEPTING THE 2006 CURB RAMP INSTAllATION - CDBG PROJECT, PHASE II Whereas, the contract for the 2006 Curb Ramp Installation - CDBG Project, Phase II (the 307 Project) has been completed and the City Manager has examined the work and fiied a certificate stating that the Project has been completed according to the terms of the contract, plans and specifications and that the City Manager recommends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Manager is approved and the Project is hereby accepted. Section 2. The City Treasurer is hereby directed to pay to the contractor from the Fiscal Year 2006 Community Development Block Grant Funds for the contract amount of $21,464.66 less any retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code chapter 573. Passed, approved and adopted this 17th day of July, 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, 316-06 FINAL ESTIMATE Whereas, the construction contract for the 2006 Curb Ramp Installation - CDBG Project, Phase II has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $24,684.36 and the said amount shall be paid from the Fiscal Year 2006 Community Development Block Grant Funds of the City of Dubuque, Iowa. Passed, approved and adopted this 17'h day of July, 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. Purchase of Property - 1711 Elm Street: City Manager recommending approval of the purchase of property located at 1711 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 Connors. Motion carried 7-0. 308 Regular Session, July 17, 2006 RESOLUTION NO. 317-06 A RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE LOCATED AT 1711 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 properly 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 North 11, of Lot 157 of East Dubuque Addition in the City of Dubuque, Iowa according to the recorded Plat thereof in Dubuque County, Iowa At the cost of Eighty-five thousand dollars ($85 000). Section 2. That the Crty of Dubuque be and is hereby authorized to accept a Quit Claim deed from the owner, conveying the owner's interest to the City of Dubuque, Iowa for the herein described real estate. Section 3. That the City Clerk be and she is hereby authorized and directed to cause said Quit Claim Deed to be recorded in the office of the Dubuque County Recorder, together with certified copy of the Resolution. Section 4. That the City Clerk be and she is hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. PASSED, APPROVED AND ADOPTED this 17th day of July, 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. Iowa Finance Authority Housing Trust Fund Application: City Manager providing information regarding an application to be submitted by Dubuque's Housing Trust Fund to the Iowa Finance Authority for a Local Housing Trust Fund grant of $160,000 in support of the Step by Step project, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. Housing Enterprise Zone Application for Step by Step, Inc.: City Manager recommending approval of a Housing Enterprise Zone Program Application to the Iowa Department of Economic Development for the Step by Step, Inc. project, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 318-06 RESOLUTION APPROVING A HOUSING ENTERPRISE ZONE PROGRAM APPLICA- TION TO THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT FOR THE STEP BY STEP INC. PROJECT Whereas, the City of Dubuque has established two Enterprise Zones and an Enterprise Zone Commission; and Whereas, the Enterprise Zone Comm~ssion on May 24, 2006 approved the application of Step by Step, Inc. for Housing Enterprise Zone benefits for the 759 Bluff Street project; and Whereas, Community Housing Initiatives' application for the Step by Step, Inc. project was submitted to the Iowa Department of Economic Development on July 6, 2006; and Whereas, the Iowa Department of Economic Development will prepare an agreement relating to Housing Enterprise Zone benefits for Step by Step, Inc. (759 Bluff Street); and Whereas, the City Council finds that the proposed application is acceptable and necessary to the growth and development of the city. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That a Housing Enterprise Zone Program Agreement with the Iowa Department of Economic Development is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute an Agreement on behalf of the City of Dubuque and forward the executed copy to the Iowa Department of Economic Development for their approval. Passed, approved and adopted this 17th day of July, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Theisen's Supply, Inc.: Communication from Jim Theisen, Theisen Supply, Inc., thanking the City Council for support of their new officelwarehouse project, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. Eminent Domain: Communication to area legislators encouraging them to oppose efforts to override Governor Vilsack's veto of House File 2351, the eminent domain bill, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. Regular Session, July 17, 2006 309 409 Burch Street (fabled from June 19, 2006 Meeting): City Manager recommending that this item be retabled to September 18, 2006, presented and read. Cline moved that the communication be received and filed and approved recommendation re-tabling this until the 9/18/06 Council Meeting. Seconded by Connors. Motion carried 7-0. Agreement with Plastic Center, inc. and Utility Relocation Agreement with Alliant Energy: City Manager recommending approval to negotiate and execute an agreement with Plastic Center, Inc. and a Utility Relocation Agreement with Aliiant Energy to facilitate pubiic improvements for the Asbury Road eastbound thnu-Iane widening project, presented and read. Cline moved that the communication be received and filed and approved recommendation. Seconded by Connors. Motion carried 7-0. Consultant Selection for tile utility Expense and Cost Analysis: City Manager recommending approval of the selection of Springsted, Inc. as the consultant for the Utility Expense and Cost Analysis, presented and read. Cline moved that the communication be received and filed and approved recommendation. Seconded by Connors. Motion carried 7-0. Dubuque Area labor Management Council Banner: City Manager recommending approval of a banner the Dubuque Area labor- Management Council would like to display on the Town Clock, presented and read. Cline moved that the communication be received and filed and approved recommendation. Seconded by Connors. Motion carried 7-0. Dubuque County Board of Supervisors: Communication from the Dubuque County Board of Supervisors submitting concerns from Dubuque Township Trustees due to development of Asbury Plaza in the City of Dubuque, presented and read. Connors moved that the communication be received and filed. Seconded by Ciine. Motion carried 7-0. Dubuque Shot Tower Archeological Investigation: City Manager recommending approval of a contract in the amount of $14,315.47 with Great lakes Archeoiogical Research Center to perform the Shot Tower Archeological Survey, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. Improvement Contracts I Performance. Payment and Maintenance Bonds: 2006 Pavement Marking Project, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. Liquor License Transfers: Request of Dubuque County Historical Society to transfer their liquor license to the lot north of the Third Street Overpass, area west of Adams Company and area east of Adams Company for the Taste of Dubuque; Request of One Flight Up to permanently transfer their iiquor license from 44 - 48 Main Street to 30 Main Street; Request of the Rotary Club of Dubuque to transfer their iiquor license to the Port of Dubuque on Bell Street for the Rock and Soul Reunion #1 at the Alliant Amphitheater; presented and read. Cline moved that the communications be received and filed and approved transfers. Seconded by Connors. Motion carried 7-0. Business Licenses: RESOLUTION NO. 31~ Whereas, applications for Beer Permits 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 Ordinances of the City and have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCil OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named appiicants a Beer Permil. CLASS "B" BEER (5 - DAY SPECIAL EVENT) Dubuque Jaycees Dubuque Jaycees( July) Main St-Town Clock Plaza Dubuque Jaycees Dubuque Jaycees(August) Main St-Town Clock Plaza Dubuque Jaycees Dubuque Jaycees - (September) Main St-Town Clock Plaza Passed, approved and adopted this 17th day of July, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Ciine moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 320-06 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 appiicants were inspected and found to comply with the State laws and all City Ordinances relevant thereto and they have filed proper bonds. 310 Regular Session, July 17, 2006 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 House of China House of China+ (Sunday Sale) 170 JFK Rd Craig J. Weiner Walnut Tap+ (Sunday Saie) 709 University Av Shannon's Bar & Grill LLC Shannon's Bar & Grill+(Sunday Sale) 521 E. 22nd St Tri State Golf Center Tri State Golf Center+ (Sunday/Outdoor Sale) 1095 Cedar Cross Rd CLASS "B" WINE Mildred Dolter Basket Expressions 474 Bluff St Passed, approved and adopted this 17th day of July, 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 Residential Parking Permit District - Vizaleea / Keymont Street: City Manager recommending that a public hearing be set for August 7, 2006 to consider a request to form a Residential Parking Permit District in the Vizaleea / Keymont Street area, presented and read. Lynch moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 321.06 RESOLUTION SETTING A PUBLIC HEARING ON ESTABLISHING A RESIDENTIAL PARKING PERMIT DISTRICT ON VIZALEEA DRIVE FROM PENNSYLVANIA AVENUE TO KEYSTONE DRIVE AND ON KEYMONT DRIVE FROM KEYWAY DRIVE TO ITS WESTERLY TERMINUS Whereas, the City of Dubuque, pursuant to Section 32-383 of the Code of Ordinances, has received a petition containing sufficient signatures requesting that an area described as follows be designated as a Residential Parking Permit District: Vizaleea Drive, from Pennsylvania Avenue to Keystone Drive Keymont Drive, from Keyway Drive to its Westerly Terminus Whereas, pursuant to said Section 32-383, the City Manager has caused a parking study of the area identified above to be undertaken and which study shows at least 80 percent (80%) of the curbside parking spaces in the proposed parking permit district were utilized during peak periods, and at least 25 percent (25%) of the curbside parking spaces in the proposed parking permit were utilized by non-resident parking; and Whereas, the City Manager, based upon the results of the study, and in accordance with Section 32-383, recommends that the area be designated as a Residential Parking Permit District and that the City Council set a public hearing on the petition to establish such area as a Residential Parking Permit District and the hours such parking restrictions are to be in effect. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council finds and determines that a valid petition has been received for the designation of Vizaleea Drive from Pennsylvania Avenue to Keystone Drive and on Keymont Drive from Keyway Drive to its westerly terminus, as a Residential Parking Permit District. Section 2. That the Residential Parking Perm~ District hours be effective between the hours of 7 a.m. and 3 p.m. daily, except Saturdays, Sundays, and holidays. Section 3. That the City Clerk be authorized and directed to publish a notice of public hearing on the designation of the above described area as a Residential Parking Permit District, to be heid on August 7, 2006. Passed, approved and adopted this 17'" day of July, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Cierk Lynch moved adoption of the Resolution and set publiC hearing for 8R/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 Cline. Motion carried 7-0. Greater Downtown Urban Renewal Amendment: City Manager recommending that a public hearing be set for August 21, 2006 to consider an Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District to extend the boundaries of the District, presented and read. Lynch moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 322.06 A RESOLUTION OF NECESSITY FINDING THAT THE PROPOSED EXPANSION AREAS OF THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT ARE AREAS MEETING THE DEFINITIONS OF AN ECONOMIC DEVELOPMENT AREA AND THAT DEVELOPMENT OF SAID AREAS IS NECESSARY IN THE INTEREST OF THE RESIDENTS OF THE CITY OF DUBUQUE, IOWA. Regular Session, July 17, 2006 Whereas, the City Council of the City of Dubuque has detennined that the further expansion of the Greater Downtown Urban Renewal District wili provide redevelopment opportunities which wili further the purposes and objectives of the Downtown Dubuque Urban Renewal Plan; and Whereas, the City Council has found that the proposed expansion areas meet the definition of an economic development area as found in Chapter 403 "Urban Renewal" of the Iowa Code; and Whereas, Chapter 403 of the Iowa Code requires that before urban renewal authority may be exercised, a City Council must adopt a resolution of necessity finding that the area in question is a slum, blighted or economic development area, and that so designating such area is necessary in the interest of the public health, safety or welfare of the residents of the municipality. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the foliowing described areas, which are proposed to be added to the Greater Downtown Urban Renewal District, are economic development areas as defined by Chapter 403 of the Iowa Code and are appropriate for an urban renewal project, to wit: 1) Lot 1 in Adams Company's 2nd Addition, in the City of Dubuque, Iowa, according to the recorded Plat thereof, containing 5 acres more or less, located within Sections 25 and 30, Township 89 North, Range 2 East, Dubuque County, Iowa and including any adjoining public right-of-way (hereinafter, the "Former Adams Property"), and 2) A rectangular shaped area commencing as a point of reference at the intersection of the centeriine of 6th Street with the existing eastem boundary of the current Greater Downtown Urban Renewal District, said point being the point of beginning: thence southwesterly along the centeriine of 6th Street to the centerline of Bluff Street; thence southeasterly along the centerline of Bluff Street to an extension of the southeast parcel line of parcel N54.6' of City Lot 138 in the City of Dubuque, Iowa; thence northeasterly along the extended and actual southeast parcel line of parcel N54.6' of City Lot 138 and continuing along the southeasterly iine of parcel N54.6' of City Lot 103 in the City of Dubuque, Iowa and extending to the eastem boundary of the existing Greater Downtown Urban Renewal District; thence northwesterly along the eastern boundary of the existing Greater Downtown Urban Renewal District to the point of beginning, ali located within Section 25, Township 89 North, Range 2 East, Dubuque County, Iowa (hereinafter, the "Former U.S. Federal Building"). 311 3) A rectangular shaped area commencing as a point of reference at the intersection of the centeriine of 9th Street with Locust Street, said point being the point of beginning: thence southwesterly along the centerline of 9th Street to the centerline of Bluff Street; thence southeasterly along the cente~ine of Bluff Street to the centerline of 8th Street; thence northeasteriy along the centerline of 8th Street to the eastem boundary of the existing Greater Downtown Urban Renewal District; thence northwesterly along the eastern boundary of the existing Greater Downtown Urban Renewal District to the point of beginning, ali located within Sections 24 and 25, Township 89 North, Range 2 East, 5th P.M., Dubuque County, Iowa (hereinafter, the "Locust Street Parking Ramp"). 4) A rectangular shaped area commencing as a point of reference at the intersection of the centerline of 11 th Street with Locust Street, said point being the point of beginning: thence southweste~y along the centerline of 11 th Street to the cente~ine of Bluff Street; thence southeasterly along the centeriine of Bluff Street to an extension of the southeast parcel line of City Lot 658A and City Lot 658 in the City of Dubuque, Iowa; thence northeasterly along the extended and actual southeast parcel line of City Lot 658A and City Lot 658 in the City of Dubuque, Iowa to the eastern boundary of the existing Greater Downtown Urban Renewal District; thence northwesterly along the eastern boundary of the existing Greater Downtown Urban Renewal District to the point of beginning, ali located within Section 24, Township 89 North, Range 2 East, 5th P.M., Dubuque County, Iowa (hereinafter, the "Carnegie-Stout Public Library") . Section 2. That the development of the expansion areas is necessary and appropriate to facilitate the proper growth and development of the community in accordance with sound planning and local community objectives. Section 3. That the City Manager is authorized and directed to prepare an Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District, to forward said Plan to the City's Long Range Planning Commission for review and comment and to begin the consultation process required by law with affected taxing entities. Section 4. That the City Clerk is directed to publish notice of a pubiic hearing on the adoption of an Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District to be held on August 21, 2006 at 6:30 p.m. in the Carnegie-Stout Public Library Auditorium, 11th and Bluff Streets, Dubuque, Iowa 52001 and that said notice shali generaliy identify the areas covered by the Amended and Restated Plan and the general scope of the 312 Regular Session, July 17, 2006 Amended and Restated Plan and the activities planned for such areas. Section 5. That the City Clerk is further directed to send by ordinary mail a copy of said notice of public hearing to the Dubuque Community School District, the County Board of Supervisors and the Northeast Iowa Community College, as the affected taxing entities. PASSED, APPROVED and ADOPTED this 17th day of July 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Lynch moved adoption of the Resolution and set for public hearing on 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 Cline. Motion carried 7-0. Flora Pool Painting Project: City Manager recommending initiation of the public bidding process for the Flora Pool Painting Project and that a public hearing be set for August 21, 2006, presented and read. Lynch moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 324-06 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 Flora Pool Painting Project, in the estimated amount of $35,000, are hereby approved and ordered filed in the office of the City Clerk, for public inspection. Passed, approved and adopted this 5th day of July, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Lynch moved adoption of the Resoiution. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 325-06 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 Flora Pool Painting Project. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, that on the 21st day of August, 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 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 5th day of July, 2006. Roy D. Buol, Mayor Attest Jeanne F. Schneider, City Clerk Lynch moved adoption of the Resolution and set for public hearing 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 Cline. Motion carried 7-0. RESOLUTION NO. 326-06 ORDERING BIDS BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Flora Pool Painting 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 10th day of August, 2006. Bids shall be opened and read by the City Clerk at said time and place and will be submitted to the Council for final action at 6:30 p.m. on the 21 st day of August, 2006. Passed, approved and adopted this 17th day of July, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Lynch moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. Floodwall Pumping Facility Improvement Projects: City Manager recommending initiation of the public bidding process for the Floodwall Pumping Facility Improvement Projects and that a public hearing be set for August 21, 2006, presented and read. Lynch moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. Regular Session, July 17, 2006 RESOLUTION NO. 327-06 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 Hawthorne Street Generator Project, Maus Lake Generator Project, and the Bee Branch Floodwall Pumping Station Improvement Projects in the estimated amount of $685,619.00, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 17th day of July, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Lynch moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 3~ FIXING DATE OF THE 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 Hawthorne Street Generator Project, Maus Lake Generator Project, and Bee Branch Pumping Station Improvement Projects. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 21 ,\ of August, 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 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 17th day of July, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Lynch moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 329-06 ORDERING BIDS 313 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Hawthorne Street Generator Project, Maus Lake Generator Project and the Bee Branch Pumping Station Improvement Projects are 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 twenty days prior to the receipt of said bids at 2:00 p.m. on the 9th 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 21" day of August, 2006. Passed, adopted and approved this 17th day of July, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Lynch moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. BOARDS/COMMISSIONS Appointments to the following Boards Commissions: Request of William Intriligator to speak to his re-appointment to the Arts and Cultural Affairs Advisory Commission, presented and read. Mr. Intnligator spoke requesting consideration for reappointment. Arts and Cultural Affairs Advisory Commission (Three 3-year terms through 6/30/09 - Business/Professional [W. Intnligator], Business/Professional and LiveslWorks in Cultural District [Amy Weber], and At Large [Rebecca Fabricius] Applicants: Business/Professional: Ellen Hartman Henkels, William Intnligator, Karen Ridings; Vote on the appointment was as follows: Braig voted for Henkels, Buol voted for Henkels, Cline voted for Henkels, Connors voted for Henkels, Jones voted for Intriligator, Lynch voted for Intriligator. Michalski voted for Henkels. Therefore, Ellen Hartman Henkels was appointed to a three year term which will expire 6/30/09. Business/Professional and LiveslWorks in Cultural District: Amy Weber Michalski moved 314 Regular Session, July 17, 2006 that Amy Weber be reappointed to a three year term which will expire 6/30/09. Seconded by Braig. Motion carried 7-0. At Large: Rebecca Fabricius, Ellen Hartman Henkels, Geri Shafer, John Tilton Vote on the appointment was as follows: Braig voted for Fabricius, Buol voted for Shafer, Cline voted for Shafer, Connors voted for Fabricius, Jones voted for Shafer, Lynch voted for Shafer, Michalski voted for Shafer. Therefore, Geri Shafer was appointed to a three year term which will expire 6/30/09. Civic Center Commission (Two 3-years terms through 6/29/09 - terms of Fuller and Parks) Applicants: Cynthia Fuller, Bryce Parks; Connors moved that Cynthia Fuller and Bryce Parks be reappointed to the Civic Center Commission. Seconded by Lynch. Motion carried 7-0. Transit Board of Trustees (One 3-year term through 7130109 - term of Bemis): Applicants: Harry Bemis, Peter Kies Vote on the appointment was as follows: Braig voted for Kies, Buol voted for Kies, Cline voted for Kies, Connors voted for Kies, Jones voted for Kies, Lynch voted for Kies, Michalski voted for Kies. Therefore, Peter Kies was appointed to a three year term which will expire 7/30/09. PUBLIC HEARINGS Michalski moved to suspend the rules to allow anyone present to address the Council. Seconded by Cline. Motion carried 7-0. Dubuque Star Brewery Project - Development Agreement: Proof of publication on notice of hearing to consider approval of a Development Agreement and lease of the former Dubuque Star Brewery building and site to Port of Dubuque Brewery Development, LLC., and City Manager recommending approval, presented and read. Connors moved that the proof and communication be received and filed. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 330-06 DETERMINING THAT THE PROPOSAL OF PORT OF DUBUQUE BREWERY DEVELOPMENT, LLC TO DEVELOP AND LEASE PROPERTY IN THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT IN THE PORT OF DUBUQUE IN THE CITY OF DUBUQUE, IOWA IS IN COMPLIANCE WITH THE TERMS OF THE CITY'S OFFERING FOR DISPOSITION OF SUCH PROPERTY Whereas, this Council, by Resolution No. 215- 06, dated June 5, 2006, nominated the City Clerk as agent of the City of Dubuque, Iowa, to receive and open on July 10, 2006, at 10:00 a.m., proposals for the disposition of property in the Greater Downtown Urban Renewal District in the Port of Dubuque in accordance with the terms and conditions set forth in the resolution; and Whereas, the City Council has received a proposal, referred to in said resolution, from Port of Dubuque Brewery Deveiopment, LLC, which proposal meets the terms and conditions of Resolution No. 215-06; and Whereas, the City Clerk has reported to this Council that no qualified, competing proposals were submitted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: Section 1. That the report of the City Clerk that no qualified competing proposals were submitted by 10:00 a.m. on July 10, 2006, for the disposnion of property in the Greater Downtown Urban Renewal District in the Port of Dubuque be received, filed and adopted. Sec:lion 2. That it is hereby determined that the proposal of Port of Dubuque Brewery Development, LLC for the development and lease of said property is the oniy proposal which satisfies the terms and conditions set forth in Resolution No. 215-06 adopted by this Council on June 5, 2006. Passed, approved and adopted this 17th day of July, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Connors moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 331-06 ACCEPTING THE PROPOSAL FROM PORT OF DUBUQUE BREWERY DEVELOPMENT, LLC FOR THE LEASE OF PROPERTY IN THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT IN THE PORT OF DUBUQUE IN THE CITY OF DUBUQUE, IOWA AND APPROVING THE DEVELOPMENT AGREEMENT AND LEASE AGREEMENT WITH PORT OF DUBUQUE BREWERY DEVELOPMENT, LLC FOR THE LEASE OF THE PROPERTY Whereas, this Council, by Resolution No. 215- 06, dated June 5, 2006: 1. Adopted the terms and conditions for offering for disposition certain real property and Improvements in the Greater Downtown Urban Renewal District in the City of Dubuque, Iowa, referred to as the Star Brewery Property; 2. Determined that the proposai submitted by Port of Dubuque Brewery Development, LLC satisfied the requirements of said offering; 3. Declared its intent to accept the Port of Dubuque Brewery Development LLC proposal in the event no other qualified proposals were timely submitted for the property; and 4. Invited competing proposals which met the terms and conditions of the offering, to be Regular Session, July 17, 2006 315 submitted to the City Clerk on or before 10:00 a.m., July 10, 2006; and; Whereas, on June 7, 2006, the Resolution was published as the official notice of the offering and of the intent of the City of Dubuque, Iowa, in the event no other qualified proposals were timely submitted, to approve the Development Agreement and Lease Agreement proposed by Port of Dubuque Brewery Development, LLC; and Whereas, by separate Resolution of this date, this Council has received and approved as its own the report of the City Clerk that no other qualified proposal was received; an Whereas, it is the determination of this Council that approval of the Development Agreement and Lease Agreement with Port of Dubuque Brewery Development, LLC, attached hereto, is in the pUblic interest of the citizens of the City of Dubuque, and is consistent with the City's Urban Renewal Plan for the Greater Downtown Urban Renewal District. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the attached Development Agreement and Lease Agreement by and between the City of Dubuque and Port of Dubuque Brewery Development, LLC are in the public interest of the citizens of the City of Dubuque and in furtherance of the City's Urban Renewal Plan, and are hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute said Development Agreement and Lease Agreement on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. That the City Manager is authorized to take such actions as are necessary to implement the terms of the Development Agreement and Lease Agreement as herein approved. Passed, approved and adopted this 17th day of July, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Cierk Connors moved adoption of the Resoiution. Seconded by Cline. Motion carried 7-0. Giese Manufacturing Company, Inc. Development Agreement: Proof of publication on notice of hearing to consider disposing of property in the Dubuque Industrial Center West to Giese Properties, LLC for the purpose of constructing an 18,000 square foot manufacturing facility and execution of a Development Agreement and City Manager recommending approval, presented and read. Cline moved that the proof and communication be received and filed. Seconded by Connors. Motion carried 7-0. Dan McDonald, Greater Dubuque Develop. ment Corporation, spoke in support of the project. Tom Giese spoke expressing thanks for past and future support. RESOLUTION NO. 332-06 RESOLUTION APPROVING A DEVEL- OPMENT AGREEMENT PROVIDING FOR THE SALE OF LOT 1 OF 1 DUBUQUE INDUSTRIAL CENTER WEST 5TH ADDITION TO GIESE PROPERTIES LLC. Whereas, the City Council, by Resolution No. 289.06, dated July 5, 2006, declared its intent to enter into a Development Agreement with Dubuque Screw Products, Inc. for the sale of Lot 1 of 1 Dubuque Industrial Center West 5th Addition (the Property); and Whereas, pursuant to published notice, a public hearing was held on the proposed disposition on July 17, 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 Giese Properties, LLC and Giese Manufacturing, Inc. 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 Giese Properties, LLC and Giese Manufacturing, Inc. 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. Passed, approved and adopted this 17th day of July, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Northwest Arterial Bike/Pedestrian Trail Project: Proof of publication on notice of hearing 316 Regular Session, July 17, 2006 to consider adoption of the plans and specifications for the Northwest Arterial Bike / Pedestrian Trail Project and City Manager recommending award of the contract to Drew Cook and Sons Excavating, Inc., in the amount of $216,832, presented and read. Connors moved that the proof and communication be received and filed. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 333-06 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 14th day of June. 2006, plans. specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Northwest Arterial Hike- Bike Trail Project - Phase 1. 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 17th day of July, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Connors moved adoption of the Resolution. Seconded by Ciine. Motion carried 7-0. RESOLUTION NO. 334-06 AWARDING CONSTRUCTION CONTRACT FOR THE NORTHWEST ARTERIAL HIKE- BIKE TRAIL PROJECT - PHASE 1 Whereas, sealed proposals have been submitted by contractors for the Northwest Arterial Hike-Bike Trail Project - Phase 1 pursuant to Resolution No. 251-06 and notice to bidders published in a newspaper pubiished in the City of Dubuque, Iowa on the 23rd day of June, 2006. Whereas, said sealed proposals were opened and read on the 6th day of July, 2006, and it has been determined that the bid of Drew Cook and Sons Excavating, Inc. of Dubuque, Iowa, in the amount of $216,832.00 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 Drew Cook and Sons Excavating, 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 17th day of July, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Connors moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 335-06 APPROVING CONSTRUCTION CONTRACT WITH DREW COOK and SONS EXCAVATING, INC. FOR THE NORTHWEST ARTERIAL HIKE-BIKE TRAIL PROJECT - PHASE 1 Whereas, the City Council by Resolution No. 334-06 awarded the construction contract for the Northwest Arterial Hike-Bike Trail Project - Phase 1 to Drew Cook and Sons Excavating, Inc.; and Whereas, Drew Cook and Sons Excavating, 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 17th day of July, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Connors moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. Paint Ham House Trim Project: Proof of publication on notice of hearing to consider adoption of the plans and specifications for the Paint Ham House Trim Project and City Manager recommending award of the contract to John C. Kaiser Company in the amount of $35,850, presented and read. Michalski moved that the proof and communication be received and filed. Seconded by Ciine. Motion carried 7- O. RESOLUTION NO. 336-06 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS WHEREAS, on the 19th day of June, 2006, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Paint Ham House Trim Project. Regular Session, July 17, 2006 317 WHEREAS, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by iaw. 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 17th day of July, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Ciine. Motion carried 7-0. RESOLUTION NO. 337-06 AWARDING CONTRACT WHEREAS, sealed proposals have been submitted by "'" ,I, ....ton; for the Paint Ham House Trim Project pursuant to Resolution No.254-06, and notice to bidders published in a newspaper published in the City of Dubuque, iowa, on the 23rd day of June, 2006. WHEREAS, said sealed proposals were opened and read on the 6th day of July, 2006, and it has been determined that the bid of John C. Kaiser Company in the amount of $35,830 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 John C. Kaiser Company, and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 17th day of July, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 338-06 APPROVING CONSTRUCTION CONTRACT WITH JOHN C. KAISER COMPANY FOR THE PAINT HAM HOUSE TRIM PROJECT Whereas, the City Council by Resolution No. 337-06 awarded the construction contract for the Paint Ham House Trim Project to John C. Kaiser Company; and Whereas John C. Kaiser Company 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 17th day of July, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Michalski moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. Michalski moved to reinstate the rules limiting discussion to the Council. Seconded by Braig. Motion carried 7-0, ACTION ITEMS Convention and Visitors Bureau: Sue Czeshinski, Dubuque Area Chamber of Commerce Convention and Visitors Bureau, to present quarterly report. Ms. Czeshinski gave a detailed, positive report of their activities. Cline moved that the report be received and filed. Seconded by Connors. Motion carried 7-0. John and Sally Jo Herrig - Request to Rezone (First Reading on July 5, 2006): Communication from William L. Breitbach, owner of property adjacent to the John and Sally Jo Herrig property, in support of the proposed rezoning and annexation; Communication from Elaine and Raymond Backes requesting that the commercial zoning be kept next to the Corey property; Communication from Eileen and Douglas Coates, 13102 Derby Grange Road, in opposition to the proposed rezoning; Communication from Mary Jean and Steve Reding, 13918 Surrey Lane, in opposition to the proposed rezoning; Communication from Richard and Esther Famum, 13717 Derby Grange Road, in opposition to the proposed rezoning, presented and read, Jones moved that the communications be received and filed. Seconded by Cline. Motion carried 6-1 with Braig voting Nay. An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located south of Derby Grange Road from County A 1 Agricultural to City AG Agricultural District, R-2 Two-Family Residential District and C-3 General Commercial 318 Regular Session, July 17,2006 District, with conditions concurrent with annexation to the City of Dubuque, with conditions, said Ordinance having been presented and read at the Council Meeting of July 5, 2006, now presented for further action. OFFICIAL PUBLICATION ORDINANCE NO. 55-06 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRI- BED PROPERTY LOCATED SOUTH OF DERBY GRANGE ROAD FROM DUBUQUE COUNTY A-1 AGRICULTURAL DISTRICT TO CITY OF DUBUQUE AG AGRICULTURAL DISTRICT, R-2 TWO-FAMILY RESIDENTIAL DISTRICT AND C-3 GENERAL COMMERCIAL DISTRICT, CONCURRENT WITH ANNEX- ATION, WITH CONDITIONS Whereas, John W. and Sally Jo Herrig, property owners, have requested rezoning concurrent with annexation to the City of Dubuque in accordance with Section 2-3 of Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances; and Whereas, this request has been found to be consistent with the Comprehensive Plan and the Future Land Use Map of the Comprehensive Pian. NOW, THEREFORE, BE IT ORDAINED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The application of John W. and Sally Jo Herrig, property owners, for reclassification of the subject property to R-2 Two-Family Residential and C-3 General Commercial, has received a recommendation of approval from the Zoning Advisory Commission, subject to conditions, and the applicant has accepted the conditions. Section 2. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter-described property from Dubuque County A-1 Agricultural to City of Dubuque AG Agricultural District, R-2 Two- Family Residential District and C-3 General Commercial District, with conditions, as shown on Exhibit B incorporated herein by reference, to wit: Lot 1 of Lot 2 of the SW Y. of the SE Y. of Section 8, T89N, R2E of the 5th P.M., Lot 1 of Butler's Hill Second Addition, Lot 3 of Butlers Hill Second Addition, Lot 2 of the N Y, of the SW y., Section 8, T89N of the 5th P.M., SW Y. of the SW y., Section 8, T89N, R2E of the 5th P.M., all in Dubuque County, Iowa. Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 4. This ordinance shall take effect immediately upon publication, as provided by law, and at such time that the herein described property is legally annexed into the City of Dubuque, Iowa. Passed, approved and adopted this 17'" day of July, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk MEMORANDUM OF AGREEMENT Pursuant to the Iowa Code Section 414.5 (2005), and as an express condition of rezoning of the property described as: As shown in Exhibit B, and to the center line of the adjoining public right-of-way, all in the City of Dubuque, Iowa. which is the subject of Ordinance No. 55-06, a copy of which is attached hereto and incorporated herein by reference, the undersigned property owners, agree to the following conditions, all of which the property owner further agrees are reasonable and are imposed to satisfy public needs which are caused directly by the rezoning: A) Performance Standards 1) The following uses are prohibited in the subject C-3 General Commercial District: a) Auto repair/body shop b) Mini-storage B) Reclassification of the Subject Property. The City of Dubuque, Iowa may initiate zoning reclassification proceedings to the R-1 Single- Family Residential District (which rezoning will include the removal of the performance standards in Section A above) if the property owner fails to complete any of the conditions or provisions of this Agreement. C) Modifications. Any modifications of this Agreement shall be considered a zoning reclassification and shall be subject to the provisions of the Zoning Ordinance governing zoning reclassifications. All such .modifications must be approved by the City Council of Dubuque, Iowa. D) Recording. A copy of this Agreement shall be recorded with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this rezoning approval within ten (10) days of the adoption of Ordinance No. 55-06. E) Construction. This Agreement shall be construed and interpreted as though it were part of Appendix A of the Code of Ordinances of the City of Dubuque, aiso known a5 the Zoning Ordinance of the City of Dubuque, Iowa. F) This Agreement shall be binding upon the undersigned and his/her heirs, successor and assignees. ACCEPTANCE OF ORDINANCE NO. 55-06 We, John Herrig and Sally Jo Herrig, property owners, having read the terms and conditions of the foregoing Ordinance No. 55-06 and being Regular Session, July 17, 2006 319 familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 17'h day of July, 2006. By: /s/ John Herrig By: /s/ Sally Jo Herrig Published officially in the Telegraph Herald newspaper this 24th day of July, 2006. Jeanne F. Schneider, City Cierk 117/24 Jones 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 Cline. Motion carried 6-1 with Braig voting Nay. Jones moved final consideration and passage of the Ordinance. Seconded by Connors. Motion carried 6-1 with Braig voting Nay. Cline moved to remove the following ~em from the table. Seconded by Michalski. Motion carried 7-0. Requests for Voluntary Annexation (Tabled on June 1 g, 2006): City Manager submilllng the signed Voluntary Annexation Agreements from John and Sally Jo Herrig and Dean and Patricia Butler and recommending approval of the voluntary annexations, presented and read. Cline moved that the communications be received and filed. Seconded by Michalski. Motion carried 7-0. RESOLUTION NO. 339-06 RESOLUTION APPROVING APPLICATION FOR VOLUNTARY ANNEXATION OF TERRITORY OWNED JOHN W. AND SALLY JO HERRIG Whereas, John W. and Sally Jo Herrig, as property owners have submitted a written application for voluntary annexation of approximately 112.10 acres of territory lying outside the corporate limits of the City of Dubuque, Iowa, as shown in Exhibit A and legally described as: Lot 1 of Lot 2 of the SW Y. of the SW Y. of Section 8, T89N, R2E of the 5th P.M. in Dubuque County, Iowa; Lot 1 of Butler's Hill Second Addition, T89N, R2E of the 5th P.M. in Dubuque County, Iowa; Lot 3 of Butler's Hill Second Addition, T89N, R2E of the 5th P.M. in Dubuque County, Iowa; Lot 2 of the N Y, of the SW Y. of Section 8, T89N, R2E of the 5th P.M. in Dubuque County, Iowa; SW y. of the SW Y. of Section 8, T89N, R2E of the 5th P.M. in Dubuque County, iowa; and Whereas, the annexation territory is not subject to an existing annexation moratorium; and Whereas, the annexation territory does not include any state or railroad property; and Whereas, the annexation territory includes 0.647 acres of adjacent County road right-of- way to the centerline of Derby Grange Road; and Whereas, Chapter 368 of the Code of Iowa authorizes the extension of City limits in situations of this character by adoption of a resolution and notification as required by State regulations; and Whereas, this request has been found to be consistent with the Comprehensive Pian and the Proposed Land Use Map of the Comprehensive Plan; and Whereas, the future growth and development of the City of Dubuque, Iowa makes it desirable that said territory be made part of the City of Dubuque, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the corporate limits of Dubuque, Iowa be and they are hereby extended to include the territory as legally described above and as shown in Exhibit A. Section 2. The territory hereby annexed shall become part of Precinct Six (6) of Ward Two (2) of the City of Dubuque, Iowa. Section 3. The City shall provide for the transition for the imposition of City taxes against property owner's property, as provided by Chapter 368 of the Code of Iowa. That property owner's property shall be entitled to the following partial exemption from taxation for City taxes for a period of five years: a. For the first year, seventy-five percent (75%). b. For the second year, sixty percent (60%). c. For the third year, forty-five percent (45%). d. For the fourth year, thirty percent (30%). e. For the fifth year, fifteen percent (15%). The five-year period shall begin when the Property is placed on City tax rolls by Dubuque County. Lots sold after that date shall receive the partial exemption percentage only for the remaining years of the five-year period. Section 4. That the City Clerk shall file this resolution, all exhibits and the petition for voluntary annexation with the State of Iowa in accordance with State Regulations. Passed, approved and adopted this 17'h day of July 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Michalski. Motion carried 7-0. RESOLUTION NO. 340-06 RESOLUTION APPROVING APPLICATION FOR VOLUNTARY ANNEXATION OF 320 Regular Session, July 17, 2006 TERRITORY OWNED BY DEAN AND PATRICIA BUTLER Whereas, Dean and Patricia Butler, as property owners have submitted a written application for voluntary annexation of approximateiy 8 acres of territory lying outside the corporate limits of the City of Dubuque, Iowa, as shown in Exhibit A and legally described as: Lot 2 Butle~s Hill 2nd Addition, Section 8, T89N, R2E of 5th P.M., in Dubuque County, Iowa; and Whereas, the annexation territory is not subject to an existing annexation moratorium; and Whereas, the annexation territory does not include any state, county or railroad property; and Whereas, Chapter 368 of the Code of Iowa authorizes the extension of City limits in situations of this character by adoption of a resolution and notification as required by State regulations; and Whereas, this request has been found to be consistent with the Comprehensive Plan and the Proposed Land Use Map of the Comprehensive Plan; and Whereas, the future growth and development of the City of Dubuque, Iowa makes it desirable that said territory be made part of the City of Dubuque, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the corporate limits of Dubuque, Iowa be and they are hereby extended to include the territory as legally described above and as shown in Exhibit A. Section 2. The territory hereby annexed shall become part of Precinct Six (6) of Ward Two (2) of the City of Dubuque, Iowa. Section 3. The City shall provide for the transition for the imposition of City taxes against property owner's property, as provided by Chapter 368 of the Code of Iowa. That property owner's property shall be entitied to the following partial exemption from taxation for City taxes for a period of five years: a. For the first year, seventy-five percent (75%). b. For the second year, sixty percent (60%). c. For the third year, forty-five percent (45%). d. For the fourth year, thirty percent (30%). e. For the fifth year, fifteen percent (15%). The five-year period shall begin when the Property is placed on City tax rolls by Dubuque County. Lots sold after that date shall receive the partial exemption percentage only for the remaining years of the five-year period. Section 4. That the City Clerk shall file this resolution, all exhibits and the petition for voluntary annexation with the State of Iowa in accordance with State Regulations. Passed, approved and adopted this 17th day of July, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Michalski. Motion carried 7-0. Michalski moved to remove the following item from the table. Seconded by Cline. Motion carried 7-0. DUbuque Museum of Art (Tabled on July 5, 2006): Communication from the Dubuque Museum of Art requesting that the remaining debt they owe the City from a $300,000 loan they took out in July 1999 from the Downtown Loan Pool to rehabilitate the Dubuque Museum of Art building be forgiven or, as an alternative, that it be amortized over twenty years, and City Manager recommending that the loan agreement be amended to amortize their balloon payment over fifteen years, presented and read. Cline moved that the communications be received and filed and approve City Manager's recommendation that it be amortized over fifteen years. Seconded by Michalski. Motion carried 7- O. Terrace Estates Third Addition - Final Plat: Zoning Advisory Commission recommending approval of the final plat of Terrace Estates Third Addition, presented and read. Cline moved that the communication be received and filed. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 341-06 A RESOLUTION APPROVING THE FINAL PLAT OF TERRACE ESTATES THIRD ADDITION, IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a final plat of Terrace Estates Third Addition, in the City of Dubuque, Iowa; and Whereas, upon said final plat appears streets to be known as Cessna Drive (Lot A) and Enstrom Court (Lot B) together with certain public utility easements, which the owners by said final plat have dedicated to the public forever; and Whereas, the final plat has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said final plat has been reviewed by the City Planner and had her approval endorsed thereon, subject to the owners agreeing to the conditions noted in Section 2 below; and Whereas, said final plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating to it, except that no streets or public utilities have yet been constructed or installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Regular Session, July 17, 2006 321 Section 1. That the dedication of Cessna Drive (Lot A) and Enstrom Court (Lot B), together with the easements for public utilities and storm sewer as they appear upon said final piat, be and the same are hereby accepted; and Section 2. That the final plat of Terrace Estates Third Addition is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat, provided the owners of said property herein named, execute their written acceptance hereto attached agreeing: (a) To reduce Cessna Drive (Lot A) and Enstrom Court (Lot B) to grade and to construct concrete curb and gutter and to hard surface with asphaltic concrete, or with concrete paving with integral curb, all in accordance with the City of Dubuque standard specifications, all in a manner acceptable to the City Engineer, in conformance with construction improvement plans approved by the City Engineer, and inspected by the City Engineer. (b) To install water mains and water service laterals into each individual lot, sanitary sewer mains and sewer sunace laterals into each individual lot, storm sewers and catch basins, boulevard street lighting and erosion control devices all in accordance with the City of Dubuque standard specifications, all in a manner acceptable to the City Engineer, and in accordance with construction improvement plans approved by the City Engineer, and inspected by the City Engineer. (c) To construct said improvements, prior to two (2) years from the date of acceptance of this resolution, at the sole expense of the owners, or future owner; (d) To maintain the public improvements, for a period of two (2) years from the date of the acceptance of those improvements by the City of Dubuque, Iowa, at the sole expense of the owners, or future owner; And, further provided that said Galen Manternach, as owner of said property, shall secure the performance of the foregoing conditions provided in this Section by providing guarantees in such form and with such sureties as may be acceptable to the City Manager of the City of Dubuque, Iowa. Section 3. Sidewalk installation shall be the responsibility of the owner abutting the public rights-of-way, including lots with multiple frontages, as required by City Code 41-161 through 41-164. The responsibility shall extend to all successors, heirs and assignees. Sidewalk installation will not be required until the development of the lot has been completed, except as required herein. In sparsely developed subdivisions, sidewalks on developed lots will not be required until 50% of the lots approved by the plat have been developed. All vacant lots shall have sidewalks installed upon development of 80% of the lots approved by the plat. Section 4. That the final acceptance of all public improvements shall occur upon certification of the City Engineer to the City Council that all public improvements have been completed in accordance with the improvement plans and City standard specifications and accepted by City Council Resolution. Section 5. That in the event Galen Manternach fails to execute the acceptance and furnish the guarantees provided in Section 2 hereof within 180 days after the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedication and approval the plat shall not be effective. Passed, approved and adopted this 17th day of July 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Lynch. Motion carried 7-0. StoplYield Sign on Rosedale Avenue: City Manager recommending that the reference to yield signs on Rosedale Avenue at North Grandview Avenue and at West Locust Street be deleted from the City Code to allow the installation of stop signs, presented and read. Michalski moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. An Ordinance Amending the Code of Ordinances of the City of Dubuque, Iowa by modifying Subsection (b) of Section 32-216 thereof providing for the deletion of yield signs on Rosedale Avenue at North Grandview Avenue and West Locust Street, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 56-06 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY MODIFYING SUBSECTION (b) OF SECTION 32-216 THEREOF PROVIDING FOR THE DELETION OF YIELD SIGNS ON ROSEDALE AVENUE AT NORTH GRANDVIEW AVENUE AND WEST LOCUST STREET NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa, be amended by deleting from Subsection (b) of Section 32-216 thereof as follows: Sec. 32-216. Yield Intersections. (b) * * * * * * 322 Regular Session, July 17, 2006 Northbound Vehicles Rosedale and West Locust Street (4) Westbound Vehicles Rosedale and North Grandview Avenue, East Intersection Passed, approved an adopted this 17'" day of July, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk, Published officially in the Telegraph Herald newspaper this 24th day of July, 2006. Jeanne F. Schneider, City Clerk 1t 7/24 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 Connors. Motion carried 7-0. Michaiski moved final consideration and passage of the Ordinance. Seconded by Lynch. Motion carried 7-0. Unified Development Code: City Manager recommending approval of the selection of JEO Consulting Group, Inc. as the consultant for development of the Unified Development Code, presented and read. Cline moved that the communication be received and filed and approved recommendation. Seconded by Jones. Motion carried 7-0. Blackhawk Area Railroad Coalition (BARC): Communication from Janet Fisher, Co-Chair of the Blackhawk Area Railroad Coalition, requesting that the City Council adopt a resolution supporting the BARC's efforts to reinstate passenger rail service to the area, presented and read. Cline moved that the communication be received and filed. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 342-06 OF SUPPORT WHEREAS, the City of Dubuque supports the Blackhawk Area Rail Coalition's (BARC) efforts toward reinstating roundtrip passenger train service from Chicago, Illinois through O'Hare International Airport, Rockford, Freeport, Galena, Illinois and Dubuque, Iowa, and points west; and WHEREAS, the City of Dubuque endorses the BARC request for immediate funding of a feasibility study to be performed by the Illinois and Iowa Department of Transportations of the proposed route; and WEREAS, the City of Dubuque agrees with the BARC stipulation that this initiative be included as part of the Illinois Department of Transportation and iowa Department of Transportation Comprehensive Capitol Rail Transportation Plans for the benefit of both Illinois and Iowa; and WHEREAS, the City of Dubuque supports the Blackhawk Area Rail Coalition's request that the upcoming Comprehensive Transportation Capitol Plans by Illinois and Iowa include the framework to facilitate the coordination of the various rail strategies for the Blackhawk region and this framework serve as the basis for BARC's inclusion in a State-wide Multi-Modai Transportation Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the City of Dubuque, Iowa hereby supports the efforts of the Blackhawk Area Rail Coalition's efforts to reinstate passenger train service to the tri-state area. Passed, approved and adopted this 17th day of July, 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. At 7:47 Cline moved to go into Closed Session re: Pending Litigation and Property Acquisition - Chapter 21.5(1)(c)Q) 2005 Code of Iowa. Seconded by Michalski. Motion carried 7-0. Council reconvened Regular Session at 8:14 P.M. stating Staff had been given proper direction. There being no further business, Braig moved to adjourn. Seconded by Michalski. Motion carried 7-0. The meeting adjourned at 8:15 P.M. Isl Jeanne F. Schneider, CMC City Clerk 11 7/26 Approved: 2006 Adopted 2006 Mayor Council Members Attest: City Clerk