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Council Proceedings September 06 Regular Session, September 5, 2006 359 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, Tuesday, September 5, 2006 Council met at 6:30 P.M. in the Public Library Auditorium Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski, City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of discussing such matters which may properly come before the Council. Invocation was given by Sister Joy Peterson, President of the Sisters of the Presentation Mayor Buol swore in Mayor Pro-Tem Karla Braig Proclamations: Public Safety Memorial Day (September 14, 2006) received by Reverend David Pacholke; Dubuque, Iowa POW - MIA Recognition Day (September 15, 2006) received by Elaine Palen and Mike Neyens; Assisted Living Week (September 10-16, 2006); and Support the International Dragon Boat Days (September 9-10, 2006) received by Doug and Jean McCallum CONSENT ITEMS Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 7/25; City Council of 8/21; Historic Preservation Commission of 8/17; Human Rights Commission of 6/12; Long Range Planning Advisory Commission of 8/16; Zoning Board of Adjustment of 7/27, presented and read. Cline moved that the minutes be received and filed. Seconded by Jones. Motion carried 7-0. Proof of publication of City Council Proceedings of August 7, 2006, presented and read. Cline moved that the proof be received and filed. Seconded by Jones. Motion carried 7-0. Printed City Council Proceedings for month of February, 2006, presented and read. Cline moved that the proceedings be received and filed and approved as printed. Seconded by Jones. Motion carrted 7-0. Library Board of Trustees Update from the meetings of August 24 and August 28, 2006, presented and read. Ciine moved that the communications be received and filed. Seconded by Jones. Motion carried 7-0. Notice of Claims/Suits: Thomas Koch (Paul's Tavern) for property damage; John Oberhausen for property damage, presented and read. Cline moved that the claims be received and filed and referred to the City Attomey for investigation / report. Seconded by Jones. Motion carrted 7-0. City Attorney advising that the following claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Thomas Koch for property damage, presented and read. Ciine moved that the communication be received and filed. Seconded by Jones. Motion carried 7-0. City Attorney recommending settlement of the claim of John Oberhausen for property damage and directing the Finance Department to issue payment, presented and read. Cline moved that the communication be received and filed and approved recommendation and Finance Department to issue payment. Seconded by Jones. Motion carried 7-0. Citizen Communications: Communication from Rose Manders, 1835 Vizaleea Drive, thanking the City Council for approving the Residential Parking Permit District on Vizaleea Drive, presented and read. Cline moved that the communication be received and filed. Seconded by Jones. Motion carried 7-0. Communication of Penny Ehlinger, 1017 Aspen Court, regarding the Americans with Disabilities Act, presented and read. Cline moved that the communication be received and filed. Seconded by Jones. Motion carried 7-0. Regency Iowa, Inc.: Communication from Regency Iowa, Inc. advising that Regency Thermographers, located at 750 White Street, Dubuque, Iowa, will be permanently closing, presented and read. Cline moved that the communication be received and filed. Seconded by Jones. Motion carried 7-0. Iowa Department of Economic Development: Steven R. McCann, City Development Board Administrator, submitting the Findings of Fact and Conclusions of Law and The Final Order filed by the City Development Board approving the voluntary annexation petition submitted by the City of Dubuque, presented and read. Cline moved that the communication be received and filed. Seconded by Jones. Motion carried 7-0. Iowa Department of Natural Resources: Notification of Violation from the Iowa 360 Regular Session, September 5, 2005 Department of Natural Resources for the City's Wastewater Treatment facility, presented and read. Cline moved that the communication be received and filed and referred to the City Manager. Seconded by Jones. Motion carried 7-0. Comprehensive Plan Update: Long Range Planning Advisory Commission submitting the July 2006 Report on the Comprehensive Pian Update process, presented and read. Michaiski moved that the Goai 5, Objective 5-3 of the Fiscal Eiement be modified to read "low and moderate income and persons with disabilities." Seconded by Connors. Motion carried 7-0. Historic District Public Improvement Program - Four Mounds Interpretive Signs: Historic Preservation Commission recommending City Council approval of $7,394.23 of Historic District Public Improvement Project (HDPIP) funding for the installation of three outdoor interpretive signs and a concrete walk within the farm campus of Four Mounds, presented and read. Cline moved that the communication be received and filed and recommendation approved. Seconded by Jones. Motion carried 7-0. Historic District Public Improvement Program - Four Mounds Archeological Survey: Historic Preservation Commission recommending City Council approval of $2,304.06 of HDPIP funding for the Phase I Intensive Archeological Survey and Evaluation on the cultured grounds of Four Mounds, presented and read. Cline moved that the communication be received and filed and recommendation approved. Seconded by Jones. Motion carried 7-0. Historic Sites Preservation Grant Application: City Manager recommending approval of the submission of a grant application for $55,250 from the Historic Sites Preservation Grant program for rehabilitation of the While Water Creek Bridge and authorizing the use of the Bridge Maintenance CIP as the source of the required local match, presented and read. Cline moved that the communication be received and filed. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 402-06 RESOLUTION AUTHORIZING AN APPLI- CATION FOR BOATING INFRASTRUCTURE GRANT FOR RIVERSIDE BOAT PIER PROJECT AT THE PORT OF DUBUQUE Whereas, U. S. Fish and Wildlife provides a federal pass-through grant program to the Iowa Department of Natural Resources for Tier 2 Boating Infrastructure Grants for transient boat docks; and Whereas, the City of Dubuque has determined that the construction of the Riverside Boat Pier Project at the Port of Dubuque is consistent with the Port of Dubuque Master Pian; and Whereas, the construction of transient boat docks at the Port of Dubuque is included as a component of the Vision Iowa grant for the America's River project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the submission of an application to the Iowa Department of Natural Resources for a Tier 2 Boating Infrastructure Grant to fund the Riverside Boat Pier Project is hereby approved. Section 2. That the City Council authorizes the City Manager to utilize budgeted Capital Improvement Program funds to provide the match required by this pr09ram. Passed, approved and adopted this 5th day of September, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Jones. Motion carried 7-0. Operating Engineers' Collective Bargaining Agreement: City Manager recommending approval of an amendment to the collective bargaining agreement with the International Union of Operating Engineers, Local #758, that wouid provide for a work week that consists of ten hours per daylfour days per week for full- time Public Safety Dispatchers, presented and read. Cline moved that the communication be received and filed and recommendation approved. Seconded by Jones. Motion carried 7-0. Utility Expense and Cost Anaiysis Study: City Manager recommending approval of a Management Consuning Service Agreement with Springsted, Inc. to conduct a Utility Expense and Cost Analysis Study, presented and read. Cline moved that the communication be received and filed. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 403-06 RESOLUTION APPROVING THE AGREEMENT FOR MANAGEMENT CON- SUL TING SERVICES BETWEEN THE CITY OF DUBUQUE, IOWA, AND SPRINGSTED, INC. FOR THE PUBLIC UTILITY EXPENSE AND COST ANALYSIS STUDY Whereas, the City of Dubuque is conducting an expense and cost analysis to identify the City's administrative expenses in exercising its police power in regulating the utilities as well as all incidental consequences that may be likely to subject the public to cost in consequence of the business licensed; and . Regular Session, September 5, 2006 361 Whereas, Springsted, Inc. has prepared an agreement for management consulting services outlining the terms of the Public Utility Expense and Cost Analysis Study. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council hereby approves the Springsted, Inc. for the Public Utility Expense and Cost Analysis Study. Section 2. That the City Manager be authorized and directed to execute three copies of the said Management Consulting Services between the City of Dubuque and Springsted, Inc for the Public Utility Expense and Cost Analysis Study. Passed, adopted and approved this 5th day of September, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Jones. Motion carried 7-0. Lower Main Development, LLC: City Manager recommending approval of a Downtown Rehabilitation Loan in the amount of $300,000 to Lower Main Development, LLC for rehabilitation of the former Weber Paper Building located at 137 Main Street, presented and read. Cline moved that the communication be received and filed. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 404-06 A RESOLUTION AUTHORIZING THE COMPLETION OF A DOWNTOWN REHABILITATION LOAN TO LOWER MAIN DEVELOPMENT LLC Whereas, the City of Dubuque, Iowa, has created a Downtown Rehabilitation Loan Program for the purpose of stimulating reinvestment in the Greater Downtown Urban Renewal District; and Whereas, the City of Dubuque, Iowa is encouraging the use of this loan program to finance code compliance activities and to spur job creation activities; and Whereas, a Memorandum of Understanding was approved by Resolution No. 30-03, agreeing for the City to provide a $300,000 Downtown Rehabilitation Loan to Lower Main Development, LLC in fiscal year 2007; and Whereas, the City will forgive $2000 of the loan for each job provided in the building, but not including any jobs created by the Shepherd Company. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Manager is hereby authorized to execute, on behalf of the City Council of the City of Dubuque, Iowa, the attacihed loan document and is further authorized to disburse loan funds from the Downtown Rehabilitation Loan Program, in accordance with the terms and conditions of the executed agreement. Passed, approved and adopted this 5th day of September, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Jones. Motion carried 7-0. Establishment of Fair Market Value: City Manager recommending that the fair market value for property located at 1721 Elm Street be established at Forty-Eight Thousand Dollars ($48,000), presented and read. Cline moved that the communication be received and filed. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 405-06 ESTABLISHING THE FAIR MARKET VALUE OF REAL PROPERTY OWNED BY TROY HANSEN LOCATED AT 1721 ELM STREET IN THE CITY OF DUBUQUE WHEREAS, the City of Dubuque (City) intends to acquire real property owned by Troy Hansen (Hansen) legally described as: South Y, of Lot 158 in East Dubuque Addition (the Property) for purposes of a public parking lot for a community health center; and WHEREAS, Iowa law requires City to make a good faith effort to negotiate with an owner to purchase an interest in real property before proceeding with acquisition by eminent domain; and WHEREAS, City may not make an offer to purchase an interest in property which is less than the fair market value City has established for the property; and WHEREAS, City has caused an appraisal of the Property to be made and the appraised value of the Property is Forty-Eight Thousand Dollars ($48,000); and WHEREAS, the City Council now desires to establish the fair market value of the Property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The fair market value of the Property is Forty-Eight Thousand Dollars ($48,000). Section 2. The City Manager and the City Attorney are hereby authorized to commence negotiations with Hansen for purchase of the Property at a price not less than the fair market value established by this resolution. Passed, adopted and approved this 5th day of September, 2006. Roy D. Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk 362 Regular Session, September 5, 2005 Cline moved adoption of the Resolution. Seconded by Jones. Motion carried 7-0. Asbury Plaza Area Lift Station and Force Main Project: City Manager recommending approval of the selection of IIW Engineers and Surveyors, P.C. to perform engineering services for the Asbury Plaza Area Lift Station and Force Main Project at a cost of $49,OOO, presented and read. Cline moved that the communication be received and filed and recommendation approved. Seconded by Jones. Motion carried 7-0. Relocation Services for Bee Branch Realignment Project: City Manager recommending approval of a contract with the East Central Intergovernmental Association for services in connection with residential acquisitions and relocations for the Bee Branch Realignment Project, presented and read. Cline moved that the communication be received and filed. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 406-06 A RESOLUTION APPROVING A CONTRACT WITH THE EAST CENTRAL INTER- GOVERNMENTAL ASSOCIATION FOR ACQUISITION AND RELOCATION ASSIST- ANCE SERVICES WHEREAS, the City of Dubuque intends to acquire certain residential properties as part of the Bee Branch Realignment Project, as recommended in the 2001 HDR "Drainage Basin Master Plan;" and WHEREAS, a proposal for acquisition and relocation services has been received from the East Central Intergovernmental AssoCiation (ECIA). NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council of the City of Dubuque hereby approves a contract with ECIA to facilitate the purchase of approximately 70 residences and relocation of these households, at a cost not to exceed $100,000, plus a $10,000 contingency to be negotiated in case of unforeseen circumstances. Section 2. That the City Manager is hereby authorized to execute a contract with ECIA in substantially the form attached hereto for these services. Passed, approved and adopted this 5th day of September 2006. Roy D Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Jones. Motion carried 7-0. Telecommunications Carrier Assessment Study: City Manager recommending approval of the selection of RSM McGladrey to complete a Telecommunications Carrier Assessment Study in cooperation with the County of Dubuque, presented and read. Cline moved that the communication be received and filed and recommendation approved. Seconded by Jones. Motion carried 7-0. Siegert Farm Lease Extension: City Manager recommending approval to enter into a one-year lease extension on the north farm (Middle Road) and a three-year lease extension on the south farm (Cousins Road) with William and Janet Siegert, presented and read. Cline moved that the communication be received and filed. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 407-06 RESOLUTION APPROVING A FARM LEASE WITH WILLIAM AND JANET SIEGERT Whereas, the City Council of the City of Dubuque, Iowa wishes to continue a Farm Lease with William and Janet Siegert for certain property as described in the attached lease; and Whereas, it is the determination of this Council that approval of the Farm Lease, according to the terms and conditions set out in the attached Farm Lease, is in the public interest of the citizens 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 Farm Lease by and between the City of Dubuque and William and Janet Siegert is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute the Farm Lease on behalf of the City and 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 comply with the terms of the Farm Lease as herein approved. Passed, approved and adopted this 5th day of September, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Jones. Motion carried 7-0. Safe Roads to School Grant: Communication from Elizabeth Bonz, City Administrator of the City of Asbury, requesting approval of a resolution of support for the Intersection Improvement Project to assist the City of Asbury in obtaining funds from the Safe Roads to School Grant, presented and read. Cline moved that the communication be received and filed. Seconded by Jones. Motion carried 7-0. Regular Session, September 5, 2006 363 RESOLUTION NO. 408-06 A RESOLUTION EXPRESSING SUPPORT FOR THE CITY OF ASBURY INTERSECTION IMPROVEMENT PROJECT Whereas, the City of Dubuque has been informed by the City of Asbury that plans have been developed for intersection improvements to be located in the area of Roosevelt Middle School and the new west end elementary school to promote safe pedestrian travel in the community; Whereas, the citizens of the community can receive an improved quality of life from completion of such a project and that the project will support community growth; Whereas, the project will increase the safety of students who walk or bicycle to school; Whereas, the project will support the regional economy, provide maximum access to all recreational, residential, educational and commercial areas, promote safety of pedestrian traffic, and promote connectivity and continuity of bike and pedestrian trails; Whereas, there has been evidence of widespread local support for the intersection improvement project; NOW, THERFORE, BE IT RESOLVED by the City Council of the City of Dubuque, that we support the intersection improvement project. Passed, approved and adopted the 5th day of September, 2006. Roy D. Buol, Mayor Attest Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Jones. Motion carried 7-0. Residential Parking Permit District Communication from Mr. Shannon Mussman submitting a petition requesting that Hansel Drive be designated as a Residential Parking Permit District, presented and read. Ciine moved that the communication be received and filed and referred to the City Manager. Seconded by Jones. Motion carried 7-0. Request to Purchase: Communication from Stephen J. Schmall, Vice President for Finance and Administration Services - Loras College, requesting to purchase a portion of the City alley abutting their property, presented and read. Cline moved that the communication be received and filed and referred to the City Manager. Seconded by Jones. Motion carried 7-0. Pandemic Influenza Plan: City Manager submitting the Dubuque County Pandemic Influenza Plan for City Council review, presented and read. Michalski moved that the City of Dubuque be added to list of entities to be notified. Seconded by Cline. Motion carried 7-0. Mediacom System Upgrade: City Manager recommending that the City Council receive and file a Mediacom notice that they intend to begin their upgrade of the Dubuque cable system in mid-September, presented and read. Cline moved that the communication be received and filed. Seconded by Jones. Motion carried 7-0. Iowa Department of Public Health (IDPH) Childhood Lead Poisoning Funding and Agreement with the Visiting Nurse Association (VNA) and the Dubuque County Board of Health and City Manager recommending execution of a contract with the Dubuque County Board of Health for continued funding of the Childhood Lead Poisoning Prevention Program (CLPPP) and a renewed agreement with the Visiting Nurse Association (VNA) for services related to the CLPPP, presented and read. Cline moved that the communication be received and filed and approved recommendation. Seconded by Jones. Motion carried 7-0. Dubuque Screw Products: Communication from James E. Goodman, Jr., representing Dubuque Screw Products, requesting approval of the assignment of the Development Agreement between the City of Dubuque and Dubuque Screw Products to Beck Construction, presented and read. Cline moved that the communication be received and filed and referred to the City Manager. Seconded by Jones. Motion carried 7-0. Contracts: City Manager advising that he has signed the following contracts: Roadway Maintenance Agreement Encephalitis Monitoring Memorandum of Understanding with the Iowa Department of Public Health Amendment; Asbury Road Culvert and Garfield Street Manhole Repairs, presented and read. Cline moved that the communication be received and filed. Seconded by Jones. Motion carried 7-0. Improvement Contracts I Performance, Payment and Maintenance Bonds: National Mississippi River Museum and Aquarium Expansion Project - Former Adams Company Building Re-Roof and Structural Repairs Project; Paint Ham House Trim Project, presented and read. Cline moved that the communication be received and filed. Seconded by Jones. Motion carried 7-0. Liquor License Transfer: Request of Chad Witthoeft, Isabella's at the Ryan House, requesting to transfer his liquor license to 1000 Jackson Street for Voices for the Art on September 17, 2006, presented and read. Cline moved that the communication be received and 364 Regular Session, September 5, 2005 filed and approved transfer. Seconded by Jones. Motion carried 7-0. Business License Refund: Request of Laurie Vigen, The Avenew Sports Bar, for a refund of the liquor license in the amount of $633.75, presented and read. Cline moved that the communication be received and filed and approved refund. Seconded by Jones. Motion carried 7-0. Business Licenses: RESOLUTION NO. 409-06 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. 3 RENEWALS Aragon Tap Myra Woodman 1103 Iowa St Eagle Country Market Downtown Eagle Inc. 1800 Elm St Breaktime Bar & Grill Michael Kalmes 1097 Jackson St Passed, approved and adopted this 5th day of September, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 410-06 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved: and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASSS "B" (5 DAY SPECIAL EVENT) Carios O'Kelly's Carlos O'Kelly's+ (Sunday/Outdoor Sale) Miller-Riverview Pk CLASS"B" BEER Toltecas Inc Taqueria Mexico+ (Sunday Sale) 2600 Dodge St CLASS "C" BEER PERMIT Wal-Mart Stores, Inc Wal-Mart Super Center (Sunday Sale) 4200 Dodge St Liberty Stations LLC Phillips 66/Arbys+ (Sunday Sale) 10 S. Main St Rainbo Oil Company Kwik Stop Food Mart+ (Sunday Sale) 2360 Central Ave Family Mart, Inc Family Mart+ (Sunday Sale) 3201 Central Av Passed, approved and adopted this 5th day of September, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 411"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 Europa Haus Inc Europa Haus Rest. (1 Day Outdoor Sale) 1301 Rhomberg Angela Mangeno Angie's Bar+ (Sunday Sale) 1401 Elm St David Erickson Lucky 13 Tap+ (Sunday Sale) 385 E. 13th St Platinum Hospitality Grand River Center+ (Sunday/Outdoor Sale) 500 Bell St Red Robin Inter. Inc Red Robin Burgers & Spirits (Sunday Sale) 2775 NW Arterial MK 1234 Rudy's Tacos- Dubuque+(Sunday Sale) 4029 Pennsylvania CLASS "B" WINE Wal-Mart Stores, Inc Wal-Mart Supercenter # 2004 4200 Dodge St CLASS 'WBN" WINE Mandolin Inn Inc. Mandolin Inn 199 Loras Blvd Passed, approved and adopted this 5th day of September, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Jones. Motion carried 7-0. ITEMS TO BE SET FOR PUBLIC HEARING Eagle Point Park Roofing Projects: City Manager recommending initiation of the public bidding process for the Eagle Point Park Roofing Projects and that a public hearing be set for October 2, 2006, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. Regular Session, September 5, 2006 365 RESOLUTION NO. 412-06 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 Eagle Point Park Roofing Project, in the estimated amount of $40,000, are hereby approved and ordered filed in the office of the City Clerk, for public inspection. Passed, approved and adopted this 5th day of September, 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, 413-06 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 Eagle Point Park Roofing Project. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, that on the 2nd day of October, 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 September, 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. 414-06 ORDERING BIDS BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Eagle Point Park Roofing 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 21 st day of September, 2006. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 6:30 p.m. on the 2nd day of October, 2006. Passed, approved and adopted this 5th day of September, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion I'arried 7-0. Individual Historic Designation - 565 Fenelon Place: Communication from the Long Range Planning Advisory Commission recommending that a public hearing be set for November 6, 2006 to consider approval of the Individual Historic Designation of 565 Fenelon Place, presented and read. Cline moved that the communication be received and filed and set public hearing for 11/6/06 at a meeting to commence at 6:30 P.M. in the public library auditorium and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Connors. Motion carried 7-0. BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Boards/Commissions: Airport Commission (One four-year term through 9/14/10 Term of Accinelli) Applicants: Steven R. Accinelli, Eric R. Savage Mr. Accinelli and Mr. Savage spoke requesting consideration for appointment to the Airport Commission. Environmental Stewardship Advisory Commission (One vacant three-year term through 10/1/09) Applicant: Gayle Casel Ms. Casel spoke requesting consideration for appointment to the Environmental Stewardship Advisory Commission. Historic PreselVation Commission (One unexpired three-year term through 7/1/08 - Old Main District and one unexpired three-year term through 7/1/08 Langworthy District) Applicant: Keisha Wainwright - Langworthy District Ms. Wainwright spoke requesting 366 Regular Session, September 5, 2005 consideration for appointment to the Historic Preservation Commission. PUBLIC HEARINGS Michalski moved to suspend the rules to allow anyone present to address the Council. Seconded by Connors. Motion carried 7-0. Loras College - Request to Vacate: Proof of publication of notice of hearing to consider a request from Laras College to vacate and purchase a portion of a City-owned alley between West 16th Street and West 17th Street west of Catherine Street and City Manager recommending approval, presented and read. Cline moved that the proof and communication be received and filed. Seconded by Jones. Motion carried 7-0. Beveriy Boettcher, 669 W. 16th Street, spoke objecting to the sale of the property to Loras College. Steve Schmall, Vice President for Finance and Administrative Affairs of Loras College, ciarified the request. RESOLUTION NO. 415-06 RESOLUTION APPROVING PLAT OF PROPOSED VACATING OF THE WESTERLY 30 FEET OF THE ALLEY BETWEEN WEST 16TH STREET AND WEST 17TH STREET WEST OF CATHERINE STREET Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a piat dated July 25, 2006, prepared by IIW Engineers & Surveyors, PC, describing the proposed vacating of the westerly 30 feet of the alley between West 16'h Street and West 17th Street west of Catherine Street; and Whereas, said plat confonms to the laws and statutes pertaining thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated July 25, 2006, prepared by IIW Engineers & Surveyors, PC, relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 5th day of September, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 416-06 RESOLUTION VACATING THE WESTERLY 30 FEET OF THE ALLEY BETWEEN WEST 16TH STREET AND WEST 17TH STREET WEST OF CATHERINE STREET Whereas, Loras College has requested the vacating the westerly 30 feet of the alley between West 16th Street and West 17th Street west of Catherine Street; and Whereas, IIW Engineers & Surveyors, PC has prepared and submitted to the City Council a plat showing the proposed vacated portion of the alley between West 16th Street and West 17th Street west of Catherine Street and assigned a lot number thereto, which hereinafter shall be known and described as Lot 44A of Yates' Subdivision of Outlots 780 and 713 in the City of Dubuque, Dubuque County, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that the westerty 30 feet of the alley between West 16th Street and West 17'h Street west of Catherine Street is no longer required for public use, and vacating of said alley, known as Lot 44A of Yates' Subdivision of Outlots 780 and 713 in the City of Dubuque, Dubuque County, Iowa should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lot 44A of Yates' Subdivision of Outlots 780 and 713 in the City of Dubuque, Iowa, be and the same is hereby vacated. Passed, approved and adopted this 5th day of September, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 417-06 RESOLUTION DISPOSING OF CITY INTEREST IN Lot 44A OF YATES' SUBDIVISION OF OUTLOTS 780 AND 713 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, pursuant to resolution and published notice of time and piace of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on this 25th day of August, 2006, the City Council of the City of Dubuque, Iowa met on the 5th day of September, 2006, at 6:30 p.m. in the Public Library Auditorium, 360 West 11 Street, Dubuque, Dubuque County, Iowa to consider the proposai for the sale of real estate described as: Regular Session, September 5, 2006 367 Lot 44A of Yates' Subdivision of Outlots 780 and 713 in the City of Dubuque, Dubuque County, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposal to sell such real estate, except for easement as noted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the sale of City of Dubuque real property described as Lot 44A of Yates' Subdivision of Outlots 780 and 713 in the City of Dubuque, Dubuque County, Iowa in the City of Dubuque, Dubuque County, Iowa, to Loras College be and the same is hereby approved for the sum of $1,290.00 plus the cost of platting, publication, and filing fees. Conveyance shall be by Quit Claim Deed. Section 2. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to Loras College upon receipt of the purchase price in full. Section 3. 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 5th day of September, 2006, Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Jones. Motion carried 7-0. Vacate Unnamed Road Off of Rosedale Avenue: Proof of publication of notice of hearing to consider vacating a portion of an unnamed street off of Rosedale Avenue and City Manager recommending approval, presented and read. Connors moved that the proof of publication and communication be received and filed. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 418-06 RESOLUTION APPROVING PLAT OF LOT D AND LOT E OF ROSEDALE ADDITION NO.2 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA, BEING THE PROPOSED VACATING OF AN UNNAMED ROAD SOUTH OF ROSEDALE AVENUE NEAR GLEN OAK STREET IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated the 14th day of August, 2006, prepared by the Engineering Department describing the proposed vacating of an unnamed road south of Rosedale Avenue near Glen Oak Street in the City of Dubuque, Dubuque County, Iowa; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated the 14th day of August, 2006, prepared by the Engineering Department, relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining a storm sewer and storm sewer facilities. Section 3. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 5th day of September, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Connors moved adoption of the Resolution. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 419-06 RESOLUTION APPROVING PLAT OF LOT F AND LOT G OF ROSEDALE ADDITION NO.2 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA BEING THE PROPOSED VACATING OF AN UNNAMED ROAD SOUTH OF ROSEDALE AVENUE NEAR GLEN OAK STREET IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated the 14th day of August, 2006, prepared by the Engineering Department describing the proposed vacating of an unnamed road south of Rosedale Avenue near Glen Oak Street in the City of Dubuque, Dubuque County, Iowa; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated the 14th day of August, 2006, prepared by the Engineering Department, relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and is hereby authorized and directed to file said plat and 368 Regular Session, September 5, 2005 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 September, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Connors moved adoption of the Resolution. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 420-06 RESOLUTION VACATING AN UNNAMED ROAD SOUTH OF ROSE DALE AVENUE NEAR GLEN OAK STREET IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, the Engineering Department has requested the vacating of an unnamed road south of Rosedale Avenue near Glen Oak Street in the City of Dubuque, Dubuque County, Iowa; and Whereas, the Engineering Department has prepared and submitted to the City Council plats showing the proposed vacating portion of unnamed road south of Rosedale Avenue near Glen Oak Street, and assigned lot numbers thereto, which hereinafter shall be known and described as Lots D, E, F and G of Rosedale Addition NO.2 In the City of Dubuque, Dubuque County, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has detenmined that this unnamed road south of Rosedale Avenue near Glen Oak Street is no longer required for public use, and vacating of said street known as Lots D, E, F and G of Rosedale Addition NO.2 in the City of Dubuque, Dubuque County, Iowa, should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lots D, E, F and G of Rosedale Addition NO.2 in the City of Dubuque, Dubuque County, Iowa, be and the same is hereby vacated. Passed, approved and adopted this 5th day of September, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Connors moved adoption of the Resolution. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 421-06 RESOLUTION DISPOSING OF CITY INTEREST IN LOTS D, E, F AND G OF ROSEDALE ADDITION NO.2 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Teiegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on this 25th day of August, 2006, the City Council of the City of Dubuque, Iowa met on the 5th day of September, 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 D, E, F, and G of Rosedale Addition No.2 in the City of Dubuque, Dubuque County, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposal to sell such real estate, except for easement as noted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the sale of City of Dubuque real property described as Lot D of Rosedale Addition NO.2 in the City of Dubuque, Dubuque County, Iowa, to Robert C. and Mary E. Timmerman be and the same is hereby approved for the sum of $300.00, plus cost of publication and filing fees. Conveyance shall be by Quit Claim Deed. Section 2. That the sale of City of Dubuque real property described as Lot E of Rosedale Addition No.2 in the City of Dubuque, Dubuque County, Iowa, to Michael J. and Sonya A. Bryson be and the same is hereby approved for the exchange of property. Conveyance shall be by Quit Claim Deed. Section 3. That the sale of City of Dubuque real property described as Lot F of Rosedale Addition No.2 in the City of Dubuque, Dubuque County, Iowa, to John B. and Dana M. Priest be and the same is hereby approved for the sum of $300.00, plus cost of publication and filing fees. Conveyance shall be by Quit Claim Deed. Section 4. That the sale of City of Dubuque real property described as Lot G of Rosedale Addition NO.2 in the City of Dubuque, Dubuque County, Iowa to Blum Properties be and the same is hereby approved for the sum of $1.00, plus cost of publication and filing fees. Conveyance shall be by Quit Claim Deed. Section 5. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining storm sewer and storm sewer facilities shown on the plat of Lot D and E of Rosedale Addition No. 2 in the City of Dubuque, Dubuque County, Iowa. Section 6. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to Robert and Mary E. Timmerman, Michael J. and Sonya A. Bryson, John B. and Dana M. Priest, and Blum Properties upon receipt of the purchase price In full. Section 7. 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 Regular Session, September 5, 2006 369 Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 5th day of September, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Connors moved adoption of the Resolution. Seconded by Jones. Motion carried 7-0. Fourth Street Extension Vacating: Proof of publication of notice of hearing to consider vacating the Fourth Street Extension to reconstruct the street in this area to provide access to the Shot Tower and parking areas adjacent to the Brewery and City Manager recommending approval, presented and read. Cline moved that the proof and communication be received and filed. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 422-06 RESOLUTION APPROVING PLAT OF PROPOSED VACATING OF FOURTH STREET EXTENSION Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated the 7~ day of August, 2006, prepared by WHKS & Co., describing the proposed vacating of Fourth Street Extension; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated the 7" day of August, 2006, prepared by WHKS & Co. relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, iowa. Section 2. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 5th day of September, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 423-06 RESOLUTION VACATING FOURTH STREET EXTENSION Whereas, the City of Dubuque Engineering Department has requested the vacating of Fourth Street Extension; and Whereas, WHKS & Co. has prepared and submitted to the City Council a plat showing the proposed vacated Fourth Street Extension, except for reserving the utility easements as noted, and assigned a lot number thereto, which hereinafter shall be known and described as Lot W in Dubuque Hamor Improvement Company Addition in the City of Dubuque, Dubuque County, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that Fourth Street Extension, except for reserving the utility easements as noted, is no longer required for pUblic use, and vacating of said Fourth Street Extension, known as Lot W in Dubuque Hamor Improvement Company Addition in the City of Dubuque, Dubuque County, Iowa should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lot W in Dubuque Hamor Improvement Company Addition in the City of Dubuque, Dubuque County, Iowa, be and the same is hereby vacated. Passed, approved and adopted this 5th day of September, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Braig. Motion carried 7-0. Highway 20 Landscaping - Phase II Project: Proof of publication of notice of hearing to consider adoption of the plans and specifications for the Highway 20 Landscaping - Phase II Project and City Manager recommending award of the contract to Smith Seeding in the amount of $240,657, presented and read. Cline moved that the proof and communication be received and filed. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 424-06 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS WHEREAS, on the 5th day of July, 2006, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Highway 20 Landscaping Project, Phase II. 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 5th day of September, 2006. 370 Regular Session, September 5, 2005 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. 425-06 AWARDING CONTRACT WHEREAS, seaied proposals have been submitted by contractors for the Highway 20 Landscaping Project, Phase II pursuant to Resolution No. 298-06, and notice to bidders published in a newspaper published in the City of Dubuque, Iowa, on the 7th day of July, 2006. WHEREAS, said seaied proposals were opened and read on the 15th day of August, 2006, and it has been determined that the bid of Smith Seeding in the amount of $240,657 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 Smith Seeding, 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 5th day of September, 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. 426-06 APPROVING CONSTRUCTION CONTRACT WITH SMITH SEEDING FOR THE HIGHWAY 20 LANDSCAPING PROJECT, PHASE II Whereas, the City Council by Resolution No. 425-06 awarded the construction contract for the Highway 20 Landscaping Project, Phase II to Smith Seeding; and Whereas Smith Seeding 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 September, 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. US 20 (Devon Drive to Menards) Capacity Improvements Project: Proof of publication of notice of hearing to consider adoption of the plans and specifications for the US 20 (Devon Drive to Menards) Capacity Improvements Project and City Manager advising that the only bid received was incomplete and therefore the project will be re-bid later this year, presented and read. Cline moved that the proof and communication be received and filed. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 427-06 REJECTING THE CONTRACT BID PROPOSAL FOR THE US 20 (DEVON DRIVE TO MENARDS) CAPACITY IMPROVEMENTS PROJECT - PHASE I, TRAFFIC SIGNAL AND INTELLIGENT TRANSPORTATION SYSTEM IMPROVEMENTS (STP-A-020-9(186)-22-31) Whereas, a sealed proposal was submitted by a contractor for the US 20 (Devon Drive to Menards) Capacity Improvements Project - Phase I, Traffic Signal and Intelligent Transportation System Improvements (STP-A- 020-9(186)-22-31), pursuant to Resolution No. 484-06 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa, on the 11'h day of August, 2006; and Whereas, the sealed proposals were opened and read by the Iowa Department of Transportation on the 15'h day of August, 2006. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The bid proposal received for the US 20 (Devon Drive to Menards) Capacity Improvements Project - Phase I, Traffic Signal and Intelligent Transportation System Improvements (STP-A-020-9(186)-22-31) is hereby rejected. Passed, adopted and approved this 5th day of September, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Cierk Cline moved adoption of the Resolution. Seconded by Lynch. Motion carried 7-0. Loras Boulevard Traffic Signalization Replacement Project: Proof of publication of notice of hearing to consider adoption of the plans and specifications for the Loras Boulevard Traffic Signalization Replacement Project and City Manager recommending award of the contract to Portzen Construction, Inc., in the amount of $282,680.25, presented and read. Connors moved that the proof and communication be received and filed. Seconded by Cline. Motion carried 7-0. Regular Session, September 5, 2006 371 RESOLUTION NO. 428-06 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas. on the 2nd day of August, 2006. plans, specifications. form of contract and estimated cost were filed with the City Clerk of Dubuque. iowa, for the Loras Bouievard Traffic Signaiization Repiacement Project. 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, adopted and approved this 5th day of September. 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. 429-06 AWARDING CONSTRUCTION CONTRACT FOR THE LORAS BOULEVARD TRAFFIC SIGNALIZATION REPLACEMENT PROJECT Whereas. seaied proposals have been submitted by contractors for the Loras Boulevard Traffic Signalization Replacement Project pursuant to Resolution No. 359-06 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 11'h day of August, 2006. Whereas, said sealed proposals were opened and read on the 24'h day of August, 2006, and it has been determined that the bid of Portzen Construction, Inc. of Dubuque, Iowa, in the amount of $282,680.25 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 Portzen Construction, Inc. and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete perfonmance 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 5th day of September, 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. 430-06 APPROVING CONSTRUCTION CONTRACT WITH PORTZEN CONSTRUCTION, INC. FOR THE LORAS BOULEVARD TRAFFIC SIGNALIZATION REPLACEMENT PROJECT Whereas the City Council by Resolution No. 429-06 awarded the construction contract for the Loras Boulevard Traffic Signaiization Replacement Project to Portzen Construction, Inc.; and Whereas Portzen Construction, Inc. has submitted the attached executed contract and bond. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 1. The contract and bond attached hereto are hereby approved. 2. The City Manager is hereby authorized and directed to execute the contract on behalf of the City of Dubuque. Passed, approved and adopted this 5th day of September, 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. Connors moved that the rules be reinstated limiting discussion to the Council. Seconded by Jones. Motion carried 7-0. ACTION ITEMS Dubuque Main Street, Ltd.: Dan LoBianco, Dubuque Main Street, Ltd., to provide verbal quarterly report. Mr. LoBianco spoke giving a positive verbal report of their activities this last quarter. Jones moved that the report be received and filed. Seconded by Michalski. Motion carried 7-0. Request to Address the City Council: Request of Tara Winger regarding discrimination in housing, presented and read. Michalski moved that the communication be received and filed and referred to the Housing and Police Departments. Seconded by Cline. Motion carried 7-0. Ms. Winger had phoned that she could not be in attendance at the meeting. Architectural Services for Federal Building: City Manager recommending approval to enter into an agreement with Neumann Monson Architects to provide design services for the Federal Building project in the amount of $118,580, and additional letters concerning the 372 Regular Session, September 5, 2005 agreement, presented and read. Cline moved that the communication be received and filed and after discussion of true costs, authorized the City Manager to negotiate and execute contract with The Durrant Group. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 431-06 APPROVING AN AGREEMENT WITH THE DURRANT GROUP, INC. FOR SERVICES RELATED TO THE DESIGN AND ADAPTIVE REUSE OF THE FEDERAL BUILDING WHEREAS, the City of Dubuque intends to modify and adaptively re-use the Federal Building for offices for City departments and City Council chambers; and WHEREAS, responses were received from architectural-engineering firms to provide services necessary to implement these modifications, for Phase 1 improvements to the buiiding; and NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council of the City of Dubuque hereby approves the proposal of The Durrant Group, Inc. to provide design and engineering services in connection with Phase 1 of the Federal Buiiding project, at a cost of $96,800 as provided in the proposal. Section 2. That the City Manager is hereby authorized to negotiate an agreement with The Durrant Group, Inc. consistent with the proposal and to sign the agreement on behalf of the City of Dubuque. Passed, approved and adopted this 5th day of September, 2006. Roy D Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. America's River Corporation: City Manager recommending approval of a contribution of up to $5,000 toward the deficit of the 2006 America's River Festival based on a request from Jerry Enzler, Chair of America's River Corporation, presented and read. Cline moved that the communication be received and filed and approved recommendation. Seconded by Lynch. Motion carried 7-0. Municipal infraction Penalties: City Manager recommending approval of an ordinance amending the City of Dubuque Code of Ordinances to increase the amount of the penalties for civil infractions, presented and read. Michalski moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. An Ordinance Amending the City of Dubuque Code of Ordinances Section 1-16 Penalties for Civil infractions by increasing the amount of the penalties, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 60-06 AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES SECTION 1-16 PENALTIES FOR CIVIL INFRACTIONS BY INCREASING THE AMOUNT OF THE PENALTIES NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 1-16 of the City of Dubuque Code of Ordinances is amended to read as follows: Sec. 1-16. Penalties: A Municipal infraction is punishable by a civil penalty as provided in the following schedule, unless a speCific schedule of civil penalties is provided for specific offenses elsewhere in this Code: Schedule Of Civil Penalties First offense Not to exceed $750.00 All other repeat offenses Not to exceed $1,000.00 Each day that a violation occurs or is permitted to exist by the violator constitutes a separate offense. Seeking a civil penalty as authorized in this Chapter does not preclude the City from seeking alternative relief from the court in the same action as provided in section 364.22 of the Code of Iowa. ' Section 2. This Ordinance shall take effect upon publication. Passed, approved and adopted this 5th day of September, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Teiegraph Herald newspaper this gth day of September, 2006. Jeanne F. Schneider, City Clerk 1t 9/9 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. Jones moved final consideration and passage of the Ordinance. Seconded by Connors. Motion carried 7-0. COUNCIL MEMBER REPORTS Michalski mentioned that last week was a "wow" week for the City, with the successful City Council goal-setting; Fire Training Center flag raising; Arts Exhibit opening at the Port of Dubuque, and the Labor Day Parade. Regular Session, September 5, 2006 313 There being no further business, Michalski moved to adjourn. Seconded by Cline. Motion carried 7-0. The meeting adjourned at 7:57 P.M. 1st Jeanne F. Schneider, CMC City Cierk 11 9/13 Approved: 2006 2006 Adopted Mayor Council Members Attest: City Clerk 374 Regular Session, September 18, 2006 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, September 18 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, Assistant City Attorney O'Brien Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of discussing such matters which may properly come before the Council. Invocation was given by Reverend Melissa Warren Spoerl, Spiritual Care Coordinator of Hospice of Dubuque Proclamations: Constitution Week (September 17 - 23, 2006) received by Eileen Coursey; Employ Older Workers Week (September 24 - 30, 2006) received by Sandy Johnson of AARP Senior Employment; Irish Hooley Day (September 24, 2006) received by Ann Schroeder and the Claddaugh Dancers: Kerry Blodgett, Danika Carstens, Molly O'Hara, and Enn Schroeder; World Wide Day of Play (September 30, 2006); Crop Walk Day in Dubuque (October 1, 2006) received by Dorothy Krayer; Mental Health Association Day (October 12, 2006) received by John Curtis; Disability Employment Awareness Month (October, 2006) received by Mary Lynn Revoir of Iowa Workforce Development and Nancy Everman of the Dubuque County Extension Office. CONSENT ITEMS Minutes and Reports Submitted: Airport Commission of 8/26; City Council of 8/29, 8/30 and 9/5; Electrical Code Board of 7/26; Zoning Advisory Commission of 9/6, presented and read. Cline moved that the minutes be received and filed. Seconded by Lynch. Motion carried 7- O. Proof of publication of List of Claims and Summary of Revenues for month ending July 31, 2006, presented and read. Cline moved that the proofs be received and filed. Seconded by Lynch. Motion carried 7-0. Printed Council Proceedings for month of March, 2006, presented and read. Cline moved that the communication be received and filed and approved as printed. Seconded by Lynch. Motion carried 7-0. Notice of Claims/Suits: Theresa M. Clasen for vehicle damage; David and Judith Tully for vehicle damage; J. Thomas Zaber, et al vs. City of Dubuque, presented and read. Cline moved that the communications be received and filed and referred to the City Attorney for investigation/report. Seconded by Lynch. Motion carried 7-0. City Attorney advising that the following claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Theresa M. Clasen for vehicle damage, presented and read. Cline moved that the communication be received and filed and concurred. Seconded by Lynch. Motion carried 7-0. City Attorney recommending that the claim of Judith Tully be referred to Selco, Inc., presented and read. Cline moved that the communication be received and filed and concurred. Seconded by Lynch. Motion carried 7-0. Fiscal Year 2006 Street Finance Report: City Manager recommending approval of the City of Dubuque's Fiscal Year 2006 Street Finance Report for submittal to the Iowa Department of Transportation, presented and read. Cline moved that the communication be received and filed. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 432-06 APPROVING THE CITY OF DUBUQUE FISCAL YEAR 2006 CITY STREET FINANCE REPORT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Street Finance Report for the period of July 1, 2005, to June 30, 2006, is hereby approved and that the City Clerk is hereby authorized and directed to file said report With the Iowa Department ofTransportation. Passed, approved and adopted this 18th day of September, 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. Federal Recreation Trail Grant: City Manager recommending approval of an application to the Iowa Department of Transportation for a Federal Recreational Trails grant in the amount of $342,000 for Phase 2 of the Iowa 32 (Northwest Arterial) Bike/Hike Trail Project, presented and read. Cline moved that the communication be Regular Session, September 18, 2006 375 received and filed. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 433-06 RESOLUTION APPROVING THE SUBMITTAL OF AN APPLICATION FOR FEDERAL RECREATIONAL TRAILS PROGRAM FUNDING TO THE IOWA DEPARTMENT OF TRANSPORTATION FOR PHASE 2 OF THE IOWA 32 (NORTHWEST ARTERIAL) BIKE/HIKE TRAIL Whereas, the Iowa Department of Transportation has announced the availability of Statewide Transportation Enhancements Funding; and Whereas. pedestrian and bicycle facilities are eligible activities for this funding; and Whereas, design, engineering and construction costs are eligible for this funding; and Whereas, the City has adopted a Comprehensive Plan that identified a community-wide bike/pedestrian network that includes a trail along Iowa 32 (Northwest Arterial). NOW THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Section 1. The Mayor is authorized to sign and submit this application to the Iowa Department of Transportation for Statewide Transportation Enhancements Funding for Phase 2 of the Iowa 32 (Northwest Arterial) Bike/Hike Trail. Section 2. That the City Council authorizes the City Manager to utilize budgeted Capitai Improvement Program funds to provide the match required by this program. Section 3. That in the event said application is approved, the City Council hereby provides its written assurance that the completed project will be adequately maintained for its intended publiC use for a minimum of twenty (20) years following the project. Section 4. That the City of Dubuque agrees to abide by all local, state and federal requirements applicable to the proposed budget. Passed, approved and adopted this 18th day of September 2006. Roy D. Buol, Mayor Attest Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Lynch. Motion carried 7-0. McGraw-Hili Storm Sewer Extension: City Manager recommending approval to negotiate a contract with WHKS & Company for a lump sum fee of $8,700 for engineering and survey services to facilitate the timely design of the storm sewer to be extended to the west from Bell Street, south of the McGraw-Hili property and north of 5th Street, presented and read. Cline moved that the communication be received and recommendation. carried 7-0. filed and approved Seconded by Lynch. Motion Certified Local Government (CLG) Grant City Manager transmitting the final version of the grant application to the State Historical Society of Iowa for a Fiscal Year 2007 Certified Local Government (CLG) Grant to conduct the Phase I Archeological Survey at Four Mounds Estates, presented and read. Cline moved that the communication be received and filed and approved recommendation. Seconded by Lynch. Motion carried 7-0. Community Development Block Grant Report: City Manager submitting the United States Government Accountability Office report to Congressional Committees regarding Community Development Block Grants, which mentions the City's Heartland Financial project, presented and read. Cline moved that the communication be received and filed. Seconded by Lynch. Motion carried 7-0. Consolidated Annual Performance and Evaluation Report (CAPER): City Manager recommending approval of the Consolidated Annual Performance and Evaluation Report (CAPER) for the period of July 1, 2005 through June 30, 2006, which is required by the regulations governing the Community Development Block Grant (CDBG) Program, presented and read. Cline moved that the communication be received and filed. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 434-06 RESOLUTION AUTHORIZING THE SUBMISSION OF A CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) FOR THE PERIOD COMMENCING JULY 1, 2005 AND CONCLUDING JUNE 30, 2006 Whereas, the City of Dubuque, Iowa, is an entitlement grant recipient under the Community Development Block Grant (CDBG) Program of the U.S. Department of Housing and Urban Development (HUD); and Whereas, the CDBG regulations require that no later than ninety (90) days after the completion of a program year, each entitlement recipient must submit a performance and evaluation report, Consolidated Annual Performance and Evaluation Report (CAPER); and, Whereas, the City has 1) prepared a CAPER for the program year commencing July 1, 2005 and concluding June 30, 2006; 2) published notice of availability of the CAPER in the Telegraph Herald the Dubuque Advertiser on August 16, 2006; 3) made copies of the CAPER 376 Regular Session, September 18, 2006 available for public review at the Carnegie Stout Public Library, City Hall, and Housing and Community Development Department; 4) held a public hearing pursuant to published notice before the Community Deveiopment Advisory Commission on September 6, 2006: and Whereas, the Community Development Advisory Commission has voted to approve the CAPER and to recommend City Council approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Consolidated Annual Performance and Evaluation Report (CAPER) for the period commencing July 1, 2005 and concluding June 30, 2006 is hereby approved for submission. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to execute the Consolidated Annual Performance and Evaluation Report (CAPER) on behalf of the City of Dubuque, Iowa. Section 3. That the City Manager is hereby authorized and directed to submit the Consoiidated Annual Performance and Evaluation Report (CAPER) to the U.S. Department of Housing and Urban Development. Passed, approved and adopted this 18th day of September 2006. Roy D. Buoi, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution Seconded by Lynch. Motion carried 7-0. Dubuque Metropolitan Area Solid Waste Agency: City Manager recommending approval of the Administration, Operation and Maintenance of Solid Waste Facilities and Services Agreement with the Dubuque Metropolitan Area Solid Waste Agency, presented and read. Cline moved that the communication be received and filed. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 435-06 RESOLUTION APPROVING ADMINI- STRATION, OPERATION AND MAIN- TENANCE AGREEMENT BETWEEN THE CITY OF DUBUQUE AND THE DUBUQUE METROPOLITAN AREA SOLID WASTE AGENCY Whereas, the Dubuque Metropoiitan Area Solid Waste Agency is the entity created by the Intergovernmental Agreement between the County of Dubuque and the City of Dubuque, pursuant to Iowa Code Chapter 28E; and Whereas, the Board of Directors of the Dubuque Metropolitan Area Solid Waste Agency desires that the City of Dubuque be responsible for the administration, operation, and maintenance of the Agency's solid waste facilities and services; and Whereas, the Board of Directors of the Dubuque Metropolitan Area Solid Waste Agency agrees to compensate the City of Dubuque for all costs associated with the administration, operation and maintenance of the Agency's solid waste facilities and services; and Whereas, it is necessary that the City of Dubuque and the Dubuque Metropolitan Area Solid Waste Agency enter into an agreement regarding the administration, operation and maintenance of the Agency's solid waste facilities and services. Whereas, the City Council of the City of Dubuque is willing to accept responsibility for the administration, operation and maintenance of the Agency's solid waste facilities and services by the City of Dubuque on the terms set forth in the attached Agreement. NOW THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council of the City of Dubuque, Iowa hereby approves and directs the Mayor to sign the attached Agreement with the Dubuque Metropolitan Area Solid Waste Agency for the management, operation and maintenance of the Agency's solid waste facilities and services. Passed, approved and adopted this 18th day of September, 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. Comprehensive Solid Waste Management Pian Update: City Manager recommending concurrence and approval of the Dubuque Metropolitan Area Solid Waste Agency's 2006 Comprehensive Solid Waste Management Plan Update, presented and read. Cline moved that the communication be received and filed. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 436-06 RESOLUTION ADOPTING THE DUBUQUE METRDPOLlTAN AREA SOLID WASTE AGENCY'S COMPREHENSIVE SOLID WASTE MANAGEMENT PLAN UPDATE Whereas, Section 455B.302 of the Code of Iowa requires every city and county of this state to provide for the establishment and operation of a comprehensive solid waste reduction program consistent with the waste management hierarchy under section 455B.301 A, and a sanitary disposal project for final disposal of soiid waste by its residents; and Whereas, Section 455B.306(1) of the Code of Iowa requires that all cities and counties file with the Director of the Department of Natural Regular Session, September 18, 2006 377 Resources a comprehensive plan detailing the method by which the city or county will compiy with the requirements of section 4558.302 to estabiish and impiement a comprehensive solid waste reduction program for its residents; and Whereas, a proposed comprehensive plan, as described in section 455B.306 of the Code of Iowa has been prepared by the Dubuque Metropolitan Area Soiid Waste Agency and the Delaware County Solid Waste Disposal Commission at the direction of and with the participation of the City Council of the City of Dubuque, Iowa, which plan is entitled Comprehensive Plan Update and is dated September 1, 2006; and Whereas, the City Council of the City of Dubuque, Iowa has determined that the adoption and implementation of the proposed comprehensive plan is in its best interest, with respect to satisfying its statutory duties. Now, therefore, it is hereby resolved by the CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 1. That the City Council of the City of Dubuque, Iowa does hereby approve and adopt the Comprehensive Plan Update as its comprehensive solid waste reduction plan, provided that any changes in said plan hereafter proposed by the Agency or required by the Iowa Department of Natural Resources shall be subject to the approval of the City Council of the City of Dubuque, Iowa. 2. That the City Council of the City of Dubuque, Iowa shall implement and participate in the programs set forth in the Comprehensive Plan Update. 3. That the Agency is authorized to submit on behalf of the City Council of the City of Dubuque, iowa the Comprehensive Plan Update to the Iowa Department of Natural Resources in satisfaction of Section 455B.306(1) of the Code of Iowa. Passed, adopted and approved this 18th day of September, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resoiution. Seconded by Lynch. Motion carried 7-0. Targeted Jobs Withholding Tax Credit Application: City Manager recommending approval of a Resolution of Support and an application to the Iowa Department of Economic Development for the Targeted Jobs Withholding Tax Credit Program for pilot project status, presented and read. Cline moved that the communication be received and filed. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 437-06 A RESOLUTION ENDORSING AN APPLICATION FOR THE IOWA DEPART- MENT OF ECONOMIC DEVELOPMENT TARGETED JOBS WITHHOLDING TAX CREDIT PROGRAM Whereas, the City of Dubuque is interested in promoting further economic development opportunities in the City in order to attract new job creating businesses to this community; and Whereas, receiving pilot project status within the program will make available additional incentives to encourage new quality jobs to the City; and Whereas, the Iowa Department of Economic Development has a new program called the Targeted Jobs Withholding Tax Credit Program and the City of Dubuque is eligible to receive pilot project status within the program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council of the City of Dubuque hereby endorses the application to the Iowa Department of Economic Development Targeted Jobs Withholding Tax Credit Program. Section 2. That the City Manager is authorized to sign, on behalf of the City Council, the application for Targeted Jobs Withholding Tax Credit Program. Passed, approved and adopted this 18th day of September, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Lynch. Motion carried 7-0. 409 Burch Street (Tabled from July 17, 2006 Meeting): City Manager recommending that this item be re-tabled to October 16, 2006, presented and read. Cline moved that the communication be received and filed and re- tabled to the 10/16/06 Council Meeting. Seconded by Lynch. Motion carried 7-0. Klauer Manufacturing Company: City Manager recommending that the City Council receive and file the acknowledgement executed by him for the five year lease extension between the City and Klauer Manufacturing Company for the period December 1, 2006 through November 30, 2011, presented and read. Cline moved that the communication be received and filed. Seconded by Lynch. Motion carried 7-0. Citizen Communication: Communication from Tim Patterson, 1882 White Street, requesting that the City enact an ordinance to allow urban chickens within the City limits, presented and read. Cline moved that the communication be received and filed and referred to the City Manager. Seconded by Lynch. Motion carried 7- O. 378 Regular Session, September 18, 2006 Purchase of Property: City Manager recommending approval to purchase a residential dwelling iocated at 1721 Elm Street to be used for the parking lot next to the new Community Health Center, presented and read. Cline moved that the communication be received and filed. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 438-06 A RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE LOCATED AT 1721 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 fourth 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 Southerly half of Lot 158 in East Dubuque Addition in the City of Dubuque, Iowa according to the recorded Plat thereof in Dubuque County, Iowa At the cost of Forty-eight thousand dollars ($48 000). Section 2. That the City of Dubuque be and is hereby authorized to accept a Quit Claim deed from the owner, conveying the owner's interest to the City of Dubuque, Iowa for the herein described real estate. Section 3. That the City Clerk be and she is hereby authorized and directed to cause said Quit Claim Deed to be recorded in the office of the Dubuque County Recorder, together with certified copy of the Resolution. Section 4. That the City Clerk be and she is hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. Passed, approved and adopted this 18th day of September, 2006. Roy D. Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Lynch. Motion carried 7-0. Key City Properties, LLC - Preliminary Plat: Zoning Advisory Commission recommending approval of the preliminary plat of property located on North Cascade Road in Dubuque County, Iowa as requested by Mike Stecher/Key City Properties, LLC, presented and read. Cline moved that the communication be received and fiied and approved recommendation. Seconded by Lynch. Motion carried 7-0. Human Rights Commission: Communication from Dave Loney resigning his posijion on the Human Rights Commission effective September 11, 2006, presented and read. Cline moved that the communication be received and filed. Seconded by Lynch. Motion carried 7-0. Distinguished Budget Presentation Award: City Manager advising that the City has been notified by the Government Finance Officers Association of the United States and Canada that we are the recipient of the Distinguished Budget Presentation Award, presented and read. Connors moved that the communication and award be received and filed and thanked Budget Director Dawn Lang and congratulated City Staff. Seconded by Braig. Motion carried 7-0. Dubuque County Historical Society: City Manager recommending that the City Councii approve a resolution of support for the Dubuque County Historical Society's application to Vision Iowa for $5 million to develop the RiverMax Theater and Great Rivers Center at the former Adams Company site, presented and read. Cline moved that the communication be received and filed. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 439-06 ENDORSE APPLICATION Whereas, the City of Dubuque (City) and the Dubuque County Historical Society (Society) have partnered in the successful implementation of the America's River project for the benefit of Dubuque and the entire state of State. Whereas, the City has entered into a lease with the Dubuque County Historical Society for the development of the former Adams Company site as a new museum. Whereas, the City believes that continued improvements and expansion at the Museum and Aquarium will have tangible educational and economic benefits for Dubuque and the State of Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The City Council formerly endorses the application of the Dubuque County Historical Society to Vision Iowa for $5 million to develop the RiverMax Theater and Great Rivers Center. Passed, approved and adopted this 18th day of September, 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. Regular Session, September 18, 2006 379 First Supply, LLC: City Attorney recommending approval of a Construction Work and Tenants Affidavit and Recording Gap Indemnity for First Supply, LLC and authorize the Mayor to sign the documents, presented and read. Cline moved that the communication be received and filed and approved recommendation. Seconded by Lynch. Motion carried 7-0. Contracts: Contracts the City Manager has signed: Port of Dubuque Design Review Approval Letter; Contract Amendment - Shot Tower Archeological Investigation, presented and read. Cline moved that the communications be received and filed. Seconded by Lynch. Motion carried 7-0. Improvement Contracts / Performance, Payment and Maintenance Bonds: Flora Pool Painting Project; Floodwall Pumping Facility Improvement Projects, presented and read. Cline moved that the communications be received and filed. Seconded by Lynch. Motion carried 7-0. Business Licenses: RESOLUTION NO. 440-06 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. NEW Ron's Discount Smokes/Beverage RKM LLC 3300 Asbury Rd Passed, approved and adopted this 18th day of September, 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. 441-06 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved: and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS "B" BEER (5 - DAY SPECIAL EVENT) Dubuque Jaycees Dubuque Jaycees Biuff St - 3rd to 5th CLASS "C. BEER PERMIT RKM LLC Ron's Discount Smokes / Beverage+ (Sunday Sale) 3300 Asbury Downtown Eagle, Inc Eagle Country Market+ (Sunday Sale) 1800 Elm Passed, approved and adopted this 18th day of September, 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. 442-06 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 "B" LIQUOR LICENSE Dubuque Casino Hotel LLC Hilton Garden Inn / Houlihans+(Sunday/Outdoor Sale) 1795 Greyhound Pk CLASS "C" BEER/LIQUOR LICENSE Famolo of Iowa, Inc Los Azlecas Mexican Res\.+ (Sunday Sale) 2700 Dodge St Carlos O'Kelly's Carlos O'Kelly's+ (Sunday Sale) 1355 Associates James Kohl The Grand Tap+ (Sunday Sales) 802 Central Av Bulldog Billiards Sports Bar Bulldog Billiards Sports Bar+(Sunday Sales) 1850 Central P.M.S.T., Inc Happy's Place+ (Sunday Sale) 2323 Rockdale DDA Enterpr A & B T ap+ (Sunday Sale) 2600 Central Ibrico, Inc Fat Tuesday's+ (Sunday Sale) 1121 University DBQ Historical Society Nat'1 Mississippi River Museum+(Sunday/Outdoor) 350 Bell St CLASS "BWINE Downtown Eagle, Inc Eagle Country Market 1800 Elm St Passed, approved and adopted this 18th day of September, 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. ITEMS TO BE SET FOR PUBLIC HEARING Regular Session, September 18, 2006 380 Fiscal Year 2007 Budget Amendment: City Manager recommending that a public hearing be set for October 2, 2006 to consider approval of the first amendment to the Fiscal Year 2007 budget, presented and read. Cline moved that the communication be received and filed. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO, 443-06 SETTING THE DATE FOR THE PUBLIC HEARING ON AMENDMENT NO. 1 TO THE FISCAL YEAR 2007 BUDGET FOR THE CITY OF DUBUQUE Whereas, Iowa Code Section 384.16 provides that the City Council shall set a time and place for a public hearing on amendments to the budget and publish notice before the hearing as provided In Iowa Code Section 362.3. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council shall conduct a public hearing on proposed Amendment No. 1 to the Fiscal Year 2007 budget for the City of Dubuque at the Carnegie Stout Public Library Auditorium, 360 West 11 th Street, Dubuque, Iowa, on Monday, October 2, 2006, beginning at 6:30 p.m. Section 2. That the City Clerk be and is hereby authorized and directed to publish notice of the public hearing, according to law, together with the required budget information. Passed, approved and adopted this 18th day of September 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Lynch. Motion carried 7-0. Eagle Point Park Concrete Work Project: City Manager recommending initiation of the public bidding process for the Eagle Point Park Concrete Work Project and that a public hearing be set for October 16, 2008, presented and read. Cline moved that the communication be received and filed. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 444-06 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 Eagle Point Park Concrete Replacement Project, in the estimated amount of $73,160, are hereby approved and ordered filed in the office of the City Clerk, for public inspection. Passed, approved and adopted this 18th day of September, 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. 445-06 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 Eagle Point Park Concrete Replacement Project. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, that on the 16th day of October, 2006, a pubiic 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 18th day of September, 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. 446-06 ORDERING BIDS BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Eagle Point Park Concrete Replacement Project is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than forty-five days Regular Session, September 18, 2006 381 prior to the receipt of said bids at 2:00 p.m. on the 5th day of October, 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 16th day of October, 2006. Passed, approved and adopted this 18th day of September, 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: Historic Preservation Commission (One unexpired three-year term through 7/1/08 - Old Main District and one unexpired three-year term through 7/1/08 - Langworthy District) Application: Robert McCoy - Old Main District No one spoke. Appointments to the following Boards / Commissions: Airport Commission (One four-year term through 9/14/10 - Term of Accinelli) Applicants: Steven R. Accinelli, Eric R. Savage Vote on the appointment was as follows: Braig voted for Savage; Buol voted for Accinelli; Cline voted for Accinelli; Connors voted for Accinelli; Jones voted for Accinelli; Lynch voted for Accinelli; Michalski voted for Savage. Therefore, Steven R. Accinelli was reappointed to a four year term on the Airport Commission which will expire 9/14/10. Environmental Stewardship Advisory Commission (One vacant three-year term through 10/1/09) Applicant: Gayle Casel Michalski moved that Gayle Casel be appointed to a three year term which will expire 10/1/09. Seconded by Lynch. Motion carried 7-0. Historic Preservation Commission (One unexpired three-year term through 7/1/08 - Old Main District and one unexpired three-year term through 7/1/08 Langworthy District) Applicant: Keisha Wainwright - Langworthy District. Michalski moved that Keisha Wainwright fill the Langworthy District vacancy and Robert McCoy fill the Old Main District vacancy for terms that will expire 7/1/08 on the Historic Preservation Commission. Seconded by Braig. Motion carried 7-0. PUBLIC HEARINGS Michalski moved to suspend the rules to allow anyone present to address the Council. Seconded by Cline. Motion carried 7-0. 2690 Rockdale Road - Request for Voluntary Annexation / Rezoning: Proof of publication on notice of hearing to consider a request from Dubuque Bank and Trust Company to rezone property located at 2690 Rockdale Road from County B-1 Business District to City C-3 General Commercial District in conjunction with annexation to the City of Dubuque and Zoning Advisory Commission recommending approval and City Manager recommending approval of the voluntary annexation request of Dubuque Bank and Trust for property located at 2690 Rockdale Road, in conjunction with rezoning, presented and read. Connors moved that the proof of publication and communication be received and filed. Seconded by Jones. Motion carried 7-0. An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying herein alter described property located at 2690 Rockdale Road from County B-1 Business District to City C-3 General Commercial District concurrent with annexation, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 61-06 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 2690 ROCKDALE ROAD FROM DUBUQUE COUNTY B-1 BUSINESS TO CITY OF DUBUQUE C-3 GENERAL COMMERCIAL DISTRICT CONCURRENT WITH ANNEXATION. Whereas, Dubuque Bank & Trust, property owner, has requested rezoning concurrent with annexation to the City of Dubuque in accordance with Section 2-3 of Appendix A (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 Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the herein alter-described property from Dubuque County B-1 Business to City of Dubuque C-3 General Commercial District; to wit: Lot 2 of 1 of 1 of 1 of 3 of Annie Waller Subdivision No.2, and to the centerline of the adjoining public right-of-way, all in the City' of Dubuque, Iowa. 382 Regular Session, September 18, 2006 Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law, and at such time that the herein described property is legally annexed into the City of Dubuque, Iowa. Passed, approved and adopted this 18th day of September 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 22nd day of September, 2006. Jeanne F. Schneider, City Clerk 11 9/22 Connors moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Jones. Motion carried 7-0. Connors moved final consideration and passage of the Ordinance. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 447-06 RESOLUTION APPROVING APPLICATION FOR VOLUNTARY ANNEXATION OF TERRITORY TO THE CITY OF DUBUQUE, IOWA Whereas, Dubuque Bank & Trust, the property owner, has submitted a written application for voluntary annexation of approximately 0.52 acre of land to the City of Dubuque, Iowa; and Whereas, the annexation territory is not subject to an existing annexation moratorium agreement; and Whereas, the annexation territory does not include any State or railroad property; and Whereas, Iowa Code section 368.7 authorizes the extension of City limits in situations of this character by adoption of a resolution after notification and public hearing; and Whereas, this annexation is consistent with the Comprehensive Plan of the City of Dubuque; and Whereas, the City of Dubuque has the capacity to provide substantial municipal services to the annexation territory; and Whereas, the annexation is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the application of Dubuque Bank & Trust, the property owner, for voluntary annexation of approximately 0.52 acre of land of territory lying outside of the corporate limits of the City of Dubuque, Iowa, as shown on Exhibit A and legally described as Lot 2-1-1-1-3 of Annie Waller Subdivision # 2 is hereby approved for annexation to the City of Dubuque, iowa. Section 2. That, subject to the approval of the Secretary of State, the corporate limits of the City of Dubuque, Iowa, be and they hereby are extended to include the approximately 0.52 acre of annexation territory as shown on Exhibit A. Section 3. That the City Council of Dubuque, Iowa, does hereby certify that the City of Dubuque has complied with the notice and hearing requirements of the Iowa Code pertaining to voluntary annexation of territory outside an urbanized area of another city. Section 4. That if Secretary of State approves this annexation, the territory hereby annexed shall become a part of Precinct One of Ward One of the City of Dubuque, Iowa. Section 5. That the City Clerk shall file this resolution, all exhibits and the applications for voluntary annexation with the State of Iowa in accordance with the provisions of Chapter 368 of the Iowa Code. Passed, approved and adopted this 18th day of September, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Connors moved adoption of the Resolution. Seconded by Braig. Motion carried 7-0. 1098 Jackson Street - Request to Rezone: Proof of publication on notice of hearing to consider a request from Mary and Stuart Mabusth to rezone property located at 1098 Jackson Street from HI Heavy Industrial District to C-4 Downtown Commercial District and Zoning Advisory Commission recommending approval, presented and read. Cline moved that the proof and communication be received and filed. Seconded by Braig. Motion carried 7-0. An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 1098 Jackson Street from HI Heavy Industrial District to C-4 Downtown Commercial District, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 62-06 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRI- BED PROPERTY LOCATED AT 1098 JACKSON STREET FROM HI HEAVY INDUSTRIAL DISTRICT TO C-4 DOWNTOWN COMMERCIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Regular Session, September 18, 2006 383 Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter-described property from HI Heavy Industrial District to C-4 Downtown Commercial District, to wit: City Lot 389, N.30.83' of City Lot 390, City Lot 428, City Lot 429 and the north portion of City Lot 427, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 18'" day of September 2006. Roy D. Buol, Mayor: Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 22nd day of September, 2006. Jeanne F. Schneider, City Clerk 1t 9/22 Cline moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Braig. Motion carried 7-0. Lynch moved final consideration and passage of the Ordinance. Seconded by Braig. Motion carried 7-0. 1331 Rockdale Road - Request to Rezone: Proof of publication on notice of hearing to consider a request from Chad Leitch / Garry and Jeanne Heiar to rezone property located at 1331 Rockdale Road from R-1 Single-Family Residential District to R-2 Two-Family Residential District and Zoning Advisory Commission recommending approval, presented and read. Connors moved that the proof of publication and communication be received and filed. Seconded by Jones. Motion carried 7-0. Garry Heiar, 1443 Rockdaie Road, spoke in support of the rezoning request. An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 1331 Rockdale Road from R-1 Single-Family Residential District to R-2 Two-Family Residential District, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 63-06 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 1331 ROCKDALE ROAD FROM R-1 SINGLE- FAMILY RESIDENTIAL DISTRICT TO R-2 TWO-FAMILY RESIDENTIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances Is hereby amended by reclassifying the hereinafter-described property from R-1 Two-Family Residential District to R-2 Two- Family Residential District, to wit: Lot 1 of 2 of 7 and Lot 2 of 2 of 7 Shipton's Resubdivision, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 18th day of September 2006. Roy D. Buol, Mayor: Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 22nd day of September, 2006. Jeanne F., Schneider, City Cieri< 11 9/22 Connors moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Jones. Motion carried 7-0. Connors moved final consideration and passage of the Ordinance. Seconded by Braig. Motion carried 7-0. Pyatigorsk Park Parking Lot Project: Proof of publication of notice of hearing to consider adoption of the plans and specifications for the Pyatigorsk Pari< Parking Lot Project and City Manager recommending award of the contract to River City Paving in the amount of $40,700, presented and read. Cline moved that the proof and communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 448-06 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS WHEREAS, on the 21 st day of August, 2006, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Pyatigorsk Park Parking Lot Project; and 384 Regular Session, September 18, 2006 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 18th day of September, 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. 449-06 AWARDING CONTRACT WHEREAS, sealed proposals have been submitted by contractors for the Pyatigorsk Park Parking Lot Project pursuant to Resolution No. 386-06, and notice to bidders pubiished in a newspaper pubiished in the City of Dubuque, Iowa, on the 21st day of August, 2006; and WHEREAS, said seaied proposals were opened and read on the 7th day of September, 2006, and it has been determined that the bid of River City Paving in the amount of $40,700 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 River City Paving, 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 approvai 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 18th day of September, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Ciine moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 450-06 APPROVING CONSTRUCTION CONTRACT WITH RIVER CITY PAVING FOR THE PYATIGORSK PARK PARKING LOT PROJECT Whereas, the City Council by Resoiution No. 449-06 awarded the construction contract for the Pyatigorsk Park Parking Lot Project to River City Paving; and Whereas River City Paving 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 18th day of September, 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. Asbury Road Eastbound Lane Widening Project: Proof of publication of notice of hearing to consider adoption of the plans and specifications for the Asbury Road Eastbound Lane Widening Project and City Manager recommending award of the contract to Horsfield Construction, Inc., in the amount of $243,054.80, presented and read. Cline moved that the proof and communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 451-06 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 16th day of August, 2006, plans, specifications, form of contract and estimated cost were filed with the City Cierk of Dubuque, Iowa for the Asbury Road Eastbound Lane Widening Project. Whereas, notice of hearing on plans, specifications, form of contract, and estimated cost was publiShed as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, adopted and approved this 18th day of September, 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. 452-06 AWARDING CONSTRUCTION CONTRACT FOR THE ASBURY ROAD EASTBOUND LANE WIDENING PROJECT WHEREAS, sealed proposais have been submitted by contractors for the Asbury Road Eastbound Lane Widening' Project pursuant to Regular Session, September 18, 2006 385 Resolution No. 385-06 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 25th day of August, 2006. Whereas, said sealed proposals were opened and read on the 12th day of September, 2006, and it has been determined that the bid of Horsfield Construction, Inc. of Epworth, Iowa, in the amount of $243,054.80 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 18th day of September, 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. 453-06 APPROVING CONSTRUCTION CONTRACT WITH HORSFIELD CONSTRUCTION, INC. FOR THE ASBURY ROAD EASTBOUND LANE WIDENING PROJECT Whereas the City Council by Resolution No. 452-06 awarded the construction contract for the Asbury Road Eastbound Lane Widening 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 18th day of September, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Cieri< Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Connors moved that the rules be reinstated limiting discussion to the Council. Seconded by Braig. Motion carried 7-0. ACTION ITEMS German Bank Building: City Manager recommending approval of a letter of commitment for a Downtown Rehabilitation Loan of $300,000, a $10,000 fa<;:ade grant and a $10,000 design grant for John Gronen, Michael Steele and Steve Althoff to support their rehabilitation of the former German Bank Building at 342 Main Street, presented and read. Cline moved that the communication be received and filed. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 454-06 A RESOLUTION AUTHORIZING A LETTER OF COMMITMENT AND ADDITIONAL ACTIONS CONCERNING A DOWNTOWN REHABILITATION LOAN AND GRANTS TO THE GERMAN BANK PROJECT Whereas, the City of Dubuque, Iowa, has created a Downtown Rehabilitation Loan/Grant Program for the purpose of stimulating reinvestment in the Greater Downtown Urban Renewal District; and Whereas, the City of Dubuque, Iowa is encouraging the use of this loan/grant program to finance code compliance activities and to spur job creation activities; and Whereas, the loan application from John Gronen, Michael Steele, and Steve Althoff meets the requirements of this program; and Whereas, a Commitment Letter, hereto attached and by this reference made a part hereof, sets forth the terms and conditions of John Gronen, Michael Steele, and Steve Althoffs participation in the Downtown Rehabilitation Loan Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the application of John Gronen, Michael Steele, and Steve Althoff for participation in the Downtown Rehabilitation Loan and Grant Program is hereby accepted and approved. Section 2. That the Mayor is hereby authorized to execute, on behalf of the City Council of the City of Dubuque, Iowa, the attached Commitment Letter and to forward said letter to John Gronen, Michael Steele, and Steve Althoff for review and approval. Section 3. That the City Manager be and he is hereby directed to prepare, upon execution and receipt of the attached Commitment Letter by the applicant, the necessary loan documents in accordance with the terms and conditions set forth in said Commitment Letter. 386 Regular Session, September 18, 2006 Section 4. That the City Manager is hereby authorized to execute, on behalf of the City Council of the City of Dubuque, Iowa, all necessary loan documents and is further authorized to disburse loan funds from the Downtown Rehabilitation Loan/Grant Program, In accordance with the tenms and conditions of the executed agreement. Passed, approved and adopted this 18th day of September, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Jones. Motion carried 7-0. Hartig Realty Development Agreement: City Manager recommending approval of a Development Agreement for Hartig Realty to support the rehabilitation of the fonmer Hartig Drug Store at 703 Main Street, presented and read. Cline moved that the communication be received and filed. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 455-06 A RESOLUTION APPROVING A DEVELOPMENT AGREEMENT FOR THE FORMER HARTIG DRUG STORE PROJECT. Whereas, the City of Dubuque, Iowa, has created a Downtown Rehabilitation Loan/Grant Program for the purpose of stimulating reinvestment in the Greater Downtown Urban Renewal District; and Whereas, the City of Dubuque, Iowa is encouraging the use of this loan/grant program to finance code compliance activities and to spur job creation activities; and Whereas, the loan application from Hartig Realty III, LLC meets the requirements of this program; and Whereas, it is the determination of this Council that approval of the Development Agreement for the rehabiiitation of the Property by Hartig Realty III, LLC according to the terms and conditions set out in the Development Agreement is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Development Agreement with Hartig Realty III, LLC is hereby accepted and approved. Section 2. That the Mayor is hereby authorized to execute, on behalf of the City Council of the City of Dubuque, Iowa, the attached Development Agreement with Hartig Realty III, LLC. Section 3. That the City Manager is hereby authorized to execute, on behalf of the City Council of the City of Dubuque, Iowa, all necessary loan documents and is further authorized to disburse loan funds from the Downtown Rehabilitation Loan/Grant Program, in accordance with the tenms and conditions of the executed agreement. Passed, approved and adopted this 18th day of September, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Lynch. Motion carried 7-0. DUbuque County Friends of Extension: Communication from Richard and Esther Farnum, Co-Chairs of Dubuque County Friends of Extension, requesting a resolution of support from the City Council for passage of Public Measure D on the November 7th ballot, presented and read. Jones moved that the communication be received and filed and directed that a resolution of support be drafted. Seconded by Connors. Motion carried 7-0. Esther Farnum spoke clarifying the request. Environmental Stewardship Advisory Commis- sion: Communication from Michael Buelow, Chair of the Environmental Stewardship Advisory Commission, recommending that two additional youth representatives be added to the membership of the Commission, presented and read. Michalski moved that the communication be received and filed and approved request to add two additional Youth members. Seconded by Braig. Motion carried 7-0. Iowa Great Places Application: City Manager recommending approval of a Resolution of Support for the Iowa Great Places Application, presented and read. Connors moved that the communication be received and filed. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 456-06 RESOLUTION AUTHORIZING AN APPLICA- TION TO THE IOWA DEPARTMENT OF CULTURAL AFFAIRS FOR AN IOWA GREAT PLACES GRANT Whereas, the Iowa Department of Cultural Affairs has announced that the Iowa Great Places Grant Program has funds available for the designation of up to six Great Places in the State of Iowa; and Whereas, the mission of Iowa Great Places is to make good places great by bringing together the resources of State Government to build capacity in communities, regions, neighbor- hoods or districts that cultivate the unique and authentic qualities that make places special; and Whereas, Iowa Great Places are ones that have engaging experiences; rich and diverse populations and cultures; a vital creative economy; an accessible natural and built environment; well-designed infrastructure and a shared attitude of optimism that welcomes new Regular Session, September 18, 2006 387 ideas based upon a diverse and inclusive cultural mosaic. Whereas, the City of Dubuque has determined that the Envision 2010 projects are a community shared vision that will make the City of Dubuque a Great Place. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the submission of an application to the Iowa Department of Cultural Affairs for the designation of Dubuque as an Iowa Great Place is hereby approved. Section 2. That the City Manager is hereby authorized to sign and submit the application for iowa Great Pi aces Grant Program for this project. Passed, approved and adopted this 18th day of September, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Connors moved adoption of the Resolution. Seconded by Jones. Motion carried 7-0. COUNCIL MEMBERS' REPORTS Michaiski shared that the Washington Street Neighborhood block party was a great event. Buol stated that over gOO students wouid be involved in the "Science in the Schools" program on Tuesday, September, 19, 2006 in partnership with the US Conference of Mayors. There being no further business, Connors moved to adjourn. Seconded by Braig. Motion carried 7-0. The meeting adjourned at 7:30 P.M. Isl Jeanne F. Schneider, CMC City Clerk 11 9/27 Approved: Adopted Attest: City Clerk 2006 2006 Mayor Councii Members