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11 6 06 City Council Proceedings Official CITY COUNCIL OFFICIAL City Council, Regular Session, November 6, 2006 Council met at 6:30 P.M. in the Public Library Auditorium Present: Mayor Buol, Council Members Braig, Cline, Jones, Lynch, Michalski, City Manager Van Milligen, City Attorney Lindahl Absent: Council Member Connors 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 Mary Patricia Conlan, RSM, of Ecumenical Towers Proclamations: Iowa Great Places Proclamation received by Assistant City Manager Cindy Steinhauser; Hospice Care Month (November 2006) received by Jody Hoeger CONSENT ITEMS Minutes and Reports Submitted: Airport Commission of 9/25; City Council of 10/16; Civil Service Commission of 10/13; Historic Preservation Commission 10/19; Investment Oversight Advisory Commission of 10/26; Long Range Planning Advisory Commission of 10/18; Park and Recreation Commission of 10/10; Zoning Board of Adjustment of 10/12, presented and read. Cline moved that the minutes be received and filed. Seconded by Jones. Motion carried 6-0. Proof of publication of City Council Proceedings of October 2, 2006, presented and read. Cline moved that the proof be received and filed. Seconded by Jones. Motion carried 6-0. Printed City Council Proceedings for April, 2006, presented and read. Cline moved that the proceedings be received and filed and approved as printed. Seconded by Jones. Motion carried 6-0. Investment Oversight Advisory Commission submitting the 54th Quarterly Report, presented and read. Cline moved that the communication be received and filed. Seconded by Jones. Motion carried 6-0. Notice of Claims/Suits: Patrick Brennan for vehicle damage; Deutsche Bank National Trust Company vs. City of Dubuque, et al; Timothy B. Hilvers for vehicle damage; K-Mart Corporation for property damage; Mark Sutter for vehicle damage; Robert Wagner for property damage, presented and read. Cline moved that the claims and suits be received and filed and referred to City Attorney for investigation and report. Seconded by Jones. Motion carried 6-0. City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Patrick Brennan for vehicle damage; Timothy Hilvers for vehicle damage; Mark Sutter for vehicle damage, presented and read. Cline moved that the communications be received and filed and concurred. Seconded by Jones. Motion carried 6-0. Investment Oversight Advisory Commission: Communication from Charles Spielman submitting his resignation from the Investment Oversight Advisory Commission, presented and read. Cline moved that the communication be received and filed. Seconded by Jones. Motion carried 6-0. 1 Request to Purchase: Communication from Charlene Jones, 48 Burns Street, requesting to purchase a portion of an alley/City street abutting her property, upon motion received and filed and referred to the City Manager. Amended and Restated Fiscal Year 2007 Annual Action Plan: City Manager recommending approval of the Amended and Restated Fiscal Year 2007 Annual Action Plan for the City’s Community Development Block Grant (CDBG) program, presented and read. Cline moved that the communication be received and filed. Seconded by Jones. Motion carried 6-0. RESOLUTION NO. 520-06 RESOLUTION APPROVING AN AMENDED AND RESTATED FISCAL YEAR 2007 (PROGRAM YEAR 2006) ANNUAL ACTION PLAN-AMENDMENT 2 FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS Whereas, the City of Dubuque prepared and filed Annual Action Plans for Fiscal Years 2006 and 2007; and Whereas, the City of Dubuque now desires to amend said Annual Plans by incorporating them into one amended and restated plan as per the attached Exhibit A; and Whereas, said amendment is a substantial amendment as provided in the City's Citizen Participation Plan and must therefore be approved by resolution of the City Council after a public hearing by the Community Development Advisory Commission; and Whereas, the City advertised a public comment period beginning September 9, 2006; and Whereas, the Community Development Advisory Commission reviewed the proposed amendment at a public hearing on October 11, 2006, and has voted to approve said amendment and to recommend approval by the City Council. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Annual Action Plans for Fiscal Years 2006 and 2007 are hereby rescinded and the balance of funds from these plans are incorporated into an Amended and Restated Fiscal Year 2007 (Program Year 2006) Annual Action Plan- Amendment 2, attached hereto as Exhibit A. Section 2. That said Amended and Restated Fiscal Year 2007 (Program Year 2006) Annual Plan – Amendment 2 attached hereto as Exhibit A is hereby approved. Section 3. That the City Manager is hereby authorized and directed to submit a copy of this resolution and Plan to the U. S. Department of Housing and Urban Development. Passed, approved and adopted this 6th day of November, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Jones. Motion carried 6-0. Request for Residential Parking Permit District: Petition from the residents of Phyllrich Drive requesting that Phyllrich Drive from Keymont Street to Keystone Street be designated as a Residential Parking Permit District, presented and read. Cline moved that the communication be received and filed and referred to the City Manager. Seconded by Jones. Motion carried 6-0. Employee Assistance Program Services: City Manager recommending approval of an agreement with Mercy Medical Center to provide employee assistance services to City of Dubuque employees and their family members, presented and read. Cline moved that the communication be received and filed and recommendation approved. Seconded by Jones. Motion carried 6-0. Cottingham and Butler “House of China” Building Project: City Manager recommending approval of a publication of combined notice of finding of no significant impact on the environment and notice of intent to request release of funds for the Cottingham and Butler “House of China” Project, presented and read. Cline moved that the communication be received and filed. Seconded by Jones. Motion carried 6-0. 2 RESOLUTION NO. 521-06 A RESOLUTION AUTHORIZING PUBLICATION OF A CONCURRENT NOTICE OF FINDING OF NO SIGNIFICANT IMPACT ON THE ENVIRONMENT AND NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS FOR THE COTTINGHAM AND BUTLER “HOUSE OF CHINA” BUILDING PROJECT. Whereas, the City of Dubuque has received a Community Development Block Grant (CDBG) from the U.S. Department of Housing and Urban Development, and Whereas, pursuant to the rules and regulations as promulgated by the U.S. Department of Housing and Urban Development, an environmental review has been processed for the Cottingham and Butler “House of China” Building Project; and Whereas, based on said environmental review, the Department of Housing and Community Development has determined that said project will have no significant impact on the environment; and Whereas, a concurrent notice of " Finding of No Significant Impact on the Environment" and of "Intent to Request Release of Funds" for said project will be sent by regular mail to various federal, state and local public agencies; to the appropriate Regional Office of the Environmental Protection Agency and to the local news media, individuals and groups known to be interested and believed to be appropriate to receive such a notice; and Whereas, any and all comments received as a result of such notice will be duly considered before proceeding with a Request for Release of Funds and Certification. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Clerk be and is hereby authorized and directed to publish a combined Notice of Finding of No Significant Impact on the Environment and Notice of Intent to Request Release of Funds for the Cottingham and Butler “House of China” Building Project and to make the Environmental Review Record for said project available for public inspection and comment until 5:00 pm on November 27, 2006. Such notice shall be in the form of Exhibit "A" attached hereto and made a part hereof. Section 2. That the environmental review record for the project shall be placed on file in the Office of the Housing and Community Development where said record may be examined and copied by any interested party. Section 3. That the Mayor of the City of Dubuque is hereby authorized and directed to submit to the U.S. Department of Housing and Urban Development fifteen (15) days after publication of appropriate notice a Request for Release of Funds to undertake the said project. Section 4. That the Mayor of the City of Dubuque is hereby authorized to consent to assume the status of a responsible federal official under the National Environmental Protection Act, insofar as the provisions of the said Act apply to the U.S. Department of Housing and Urban Development responsibilities for review, decision making, and action assumed and carried out by the City of Dubuque as to environmental issues. Section 5. That the Mayor of the City of Dubuque is hereby authorized to consent personally, in his official capacity and on behalf of the City of Dubuque, to accept the jurisdiction of the federal courts if an action is brought to enforce responsibilities in relation to environmental review, decision-making and action. Section 6. That the Mayor of the City of Dubuque is and he is hereby authorized and directed to execute a certification pertaining to the environmental review procedures. th Passed, approved and adopted this 6 day of November 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Jones. Motion carried 6-0. Dubuque County Historical Society Lease: City Manager recommending approval of the termination of a Lease Agreement between the City and the Dubuque County Historical Society for the Adams Company building and site, presented and read. Cline moved that the communication be received and filed and recommendation approved. Seconded by Jones. Motion carried 6-0. 3 Mediacom Report: Kathleen McMullen, Area Manager – Mediacom, submitting the updated maps of the Mediacom system and the Corporate Mediacom Organizational Chart, presented and read. Cline moved that the communication be received and filed. Seconded by Jones. Motion carried 6-0. Comprehensive Plan Update: Long Range Planning Advisory Commission submitting the October 2006 Comprehensive Plan Update, presented and read. Cline moved that the communication be received and filed. Seconded by Jones. Motion carried 6-0. Iowa Department of Transportation: Communication from the Iowa Department of Transportation providing notice of the proposal to let bridge washing projects on January 17, 2007, including the US 20 Julien Dubuque Bridge, US 61 City Island Bridge, and US 61 Peosta Channel Bridge, presented and read. Cline moved that the communication be received and filed. Seconded by Jones. Motion carried 6-0. Tri-State Trail Vision Request: City Manager recommending that the City Council review the request from the Tri-State Trail Vision Board of Directors for a cost and feasibility study (estimated at $70,800) for a hiking/biking trail along the Middle Fork of Catfish Creek between the Bergfeld Recreation Area and Julien Dubuque Drive as part of the Fiscal Year 2008 budget process, presented and read. Cline moved that the communication be received and filed and recommendation approved. Seconded by Jones. Motion carried 6-0. Friends of the Mines of Spain Request: City Manager recommending approval to use $30,000 from the Riverfront 2000 Plan Implementation CIP to support the E.B. Lyons Interpretive Center expansion and to provide a letter of support, presented and read. Cline moved that the communication be received and filed and recommendation approved. Seconded by Jones. Motion carried 6-0. State Revolving Loan Fund (SRF) Applications: City Manager recommending approval of the submission of six applications to the Iowa Department of Natural Resources to complete construction for current projects and planning and design work for upcoming projects, presented and read. Cline moved that the communication be received and filed and recommendation approved. Seconded by Jones. Motion carried 6-0. Quarterly Investment Report: City Manager submitting the September 30, 2006 Quarterly Investment Report, presented and read. Cline moved that the communication be received and filed. Seconded by Jones. Motion carried 6-0. Port of Dubuque Parking Lot Reconstruction and Landscaping Project: City Manager recommending acceptance of the Port of Dubuque Parking Lot Reconstruction and Landscaping Project as completed by Portzen Construction, Inc., in the final contract amount of $505,398.99, presented and read. Cline moved that the communication be received and filed. Seconded by Jones. Motion carried 6-0. RESOLUTION NO. 522-06 ACCEPTING THE PORT OF DUBUQUE - PARKING LOT NO. 1 RECONSTRUCTION AND LANDSCAPING PROJECT Whereas, the contract for the Port of Dubuque - Parking Lot No. 1 Reconstruction and Landscaping Project (the Project) has been completed and the City Manager has examined the work and filed a certificate stating that the Project has been completed according to the terms of the contract, plans and specifications and that the City Manager recommends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Manager is approved and the Project is hereby accepted. Section 2. The City Treasurer is hereby directed to pay to the contractor from Port of Dubuque Existing Lots Capital Improvement Project (7001521) and Parking – Dock Facility Depreciation (39579260) for the 4 contract amount of $505,398.99 less any retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code chapter 573. Passed, approved and adopted this 6th day of November, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Jones. Motion carried 6-0. RESOLUTION NO. 523-06 FINAL ESTIMATE Whereas, the construction contract for the Port of Dubuque - Parking Lot No. 1 Reconstruction and Landscaping Project, has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $567,326.44 and the said amount shall be paid from the Port of Dubuque Existing Lots Capital Improvement Project (7001521) and Parking – Dock Facility Depreciation (39579260) of the City of Dubuque, Iowa. Passed, approved and adopted this 6th day of November, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Jones. Motion carried 6-0. Flora Pool Painting Project: City Manager recommending acceptance of the Flora Pool Painting Project as completed by Fred Jackson Tuckpointing, in the final contract amount of $50,350, presented and read. Cline moved that the communication be received and filed. Seconded by Jones. Motion carried 6-0. RESOLUTION NO. 524-06 ACCEPTING IMPROVEMENT Whereas, the contract for the Flora Pool Painting Project has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 1. That the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the General Fund in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 6th day of November, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Jones. Motion carried 6-0. RESOLUTION NO. 525-06 FINAL ESTIMATE Whereas, the contract for the Flora Pool Painting Project has been completed and the Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs; NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $50,350, and the said amount shall be paid from the General Fund of the City of Dubuque, Iowa. Passed, approved and adopted this 6th day of November, 2006. 5 Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Jones. Motion carried 6-0. First Supply, LLC – Termination of Development Agreement: City Manager recommending approval of the request of First Supply, LLC to terminate their Development Agreement with the City and the proposed sale of five acres of land in the Dubuque Industrial Center West, presented and read. Cline moved that the communication be received and filed and recommendation approved. Seconded by Jones. Motion carried 6-0. Wal-Mart – “Safe Neighborhood Heroes” Grant Proposal: City Manager recommending approval of a Wal- Mart “Safe Neighborhood Heroes” grant submission to the Wal-Mart Corporation for the purchase of eight digital cameras for use by patrol officers as they respond to initial calls for service, presented and read. Cline moved that the communication be received and filed and recommendation approved. Seconded by Jones. Motion carried 6-0. School Resource Officer Agreement: City Manager recommending approval of a School Resource Officer (SRO) Agreement between the City of Dubuque Police Department and the Dubuque Community School District for the 2006/2007 school year, presented and read. Cline moved that the communication be received and filed and recommendation approved. Seconded by Jones. Motion carried 6-0. Mini Bus Contracted Services: City Manager recommending that the contracts for mini bus service with Mt. Saint Francis, Sunnycrest, and Area Residential Care be transferred from Keyline to the Regional Transportation Authority (RTA), presented and read. Cline moved that the communication be received and filed and recommendation approved. Seconded by Jones. Motion carried 6-0. Dubuque Main Street: Certificate from Dubuque Main Street, Ltd. recognizing Washington Park for a Best Design/Beautification Project, presented and read. Cline moved that the communication be received and filed and thanked Dubuque Main Street. Seconded by Jones. Motion carried 6-0. ArcGIS Server Grant Application: City Manager recommending approval of the submission of a grant application for the ESRI and Stratus Technologies ArcGIS Server Demonstration Project Grant Program, presented and read. Cline moved that the communication be received and filed and recommendation approved. Seconded by Jones. Motion carried 6-0. 409 Burch Street (Tabled from October 16, 2006 City Council Meeting): City Manager recommending that this item be tabled until the December 18, 2006 City Council meeting, which would be the end of the outdoor construction activity for the season, and progress on the building would be determined at that time, presented and read. Cline moved that the communication be received and filed and recommendation approved. Seconded by Jones. Motion carried 6-0. Skate Park: City Manager submitting information regarding funding for a new skate park and recommending that this request be considered as part of the Fiscal Year 2008 budget process, presented and read. Cline moved that the communication be received and filed. Seconded by Jones. Motion carried 6- 0. Hwy 151 & 61 Development, LLC: City Manager recommending approval of Amendment #1 to the Development Agreement between the City of Dubuque and Hwy 151 & 61 Development, LLC to extend the deadline for the City and Developer to agree on the location of the Bee Branch storm sewer to December 31, 2006, presented and read. Cline moved that the communication be received and filed and recommendation approved. Seconded by Jones. Motion carried 6-0. 6 Signed Contracts: GIS Software Maintenance Renewal Contract; Improvement Contract – Century Drive Storm Sewer Repair; Proposal for Professional Services – 11th Street Retaining Wall Repair; Network Services Contract; Perry Construction – Improvement Contract -- Floodwall Improvement Projects Change Order; IIW Service Agreement; Hillcrest and Judson Streets Walk/Ramp Project; Atlantic Street Sidewalk/Driveway/Water Stop Box/Curbing Repair; Walk Repair Projects; City Hall Traffic Center Renovation Project; presented and read. Cline moved that the communications be received and filed. Seconded by Jones. Motion carried 6-0. Improvement Contracts / Performance, Payment and Maintenance Bonds: Crescent Community Health Center Parking Lot Project; Asbury Road Eastbound Lane Widening Project; Pyatigorsk Park Parking Lot Project; Eagle Point Park Concrete Replacement Project; Eagle Point Park Roofing Project, presented and read. Cline moved that the communications be received and filed. Seconded by Jones. Motion carried 6-0. Liquor License Transfer: Request of P.S. I Love You, Inc. to permanently transfer their liquor license from 730 Main Street to 4855 Asbury Plaza, Suite 1, presented and read. Cline moved that the communication be received and filed and transfer approved. Seconded by Jones. Motion carried 6-0. Business Licenses: RESOLUTION NO. 526-06 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 J & P O’Hara Inc. Happy Joe’s Ice Cream/Pizza+(Sunday Sale) 855 Century CLASS “C” BEER PERMIT Molo Oil Com. Big 10 Mart+(Sunday Sale) 1875 JFK Hy-Vee, Inc Hy-Vee Gas # 2+(Sunday Sale) 2435 NW Arterial Passed, approved and adopted this 6th day of November, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Jones. Motion carried 6-0. RESOLUTION NO. 527-06 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State Laws and all City Ordinances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS “C” BEER/LIQUOR LICENSE Freihage Enterprises, Inc. Joey’s Seafood & Grill+(Sunday/Outdoor Sale) 2515 NW Arterial Raysan Corp. Bridge Rest.+(Sunday Sale) 31 Locust St Point Restr. Point Restaurant+(Sunday/Outdoor Sale) 2370 Rhomberg SPECIAL CLASS “C” LIQUOR PACR, Ltd Dubuque Family Restr.+(Sunday Sale) 2600 Dodge CLASS “B” (WBN) NATIVE WINE 7 P.S. I Love You P.S. I Love You 4855 Asbury Rd DBQ Area Chamber DBQ Area Chamber of Commerce 300 Main St Passed, approved and adopted this 6th day of November, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Jones. Motion carried 6-0. ITEMS TO BE SET FOR PUBLIC HEARING Urban Renewal Tax Increment Revenue Notes: City Manager recommending that a public hearing be set for November 20, 2006 to consider the issuance of Urban Renewal Tax Increment Revenue Notes to support the Chavenelle Warehouse Development, LLC / Theisen Supply, Inc. expansion project at the Dubuque Industrial Center West, presented and read. Cline moved that the communication be received and filed. Seconded by Jones. Motion carried 6-0. RESOLUTION NO. 528-06 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $812,000 URBAN RENEWAL TAX INCREMENT REVENUE NOTES OF DUBUQUE, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF Whereas, it is deemed necessary and advisable that the City of Dubuque, Iowa should issue Urban Renewal Tax Increment Revenue Notes to the amount of not to exceed $812,000, as authorized by Section 403.9 of the Code of Iowa, for the purpose of providing funds to pay costs of carrying out a project as hereinafter described; and Whereas, Section 403.9 sets forth the procedural action required to be taken before said Urban Renewal Tax Increment Revenue Notes may be issued, and it is therefore necessary that the action hereinafter described be taken and that the Clerk publish a notice of the proposal and of the time and place of the meeting at which the Council proposes to take action thereon and to receive oral and/or written objections from any resident or property owner of said City to such action. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council meet in the Auditorium, Carnegie Stout Public Library, Dubuque, Iowa at 6:30 th o’clock P.M. on the 20 day of November, 2006, for the purpose of taking action on the matter of the issuance of not to exceed $812,000 Urban Renewal Tax Increment Revenue Notes, the proceeds of which will be used to provide funds to pay costs of aiding in the planning, undertaking and carrying out of urban renewal project activities under the authority of Chapter 403 of the Code of Iowa and the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District, including the funding of an economic development grant to Chavenelle Warehouse Development, LLC under the terms of a Development Agreement dated June 19, 2006 by and among the City of Dubuque, Chavenelle Warehouse Development, LLC and Theisen Supply, Inc. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four clear days nor more than twenty days before the date of said public meeting on the issuance of said obligations. Section 3. The notice of the proposed action to issue said Urban Renewal Tax Increment Revenue Notes shall be in substantially the following form: NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF DUBUQUE, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $812,000 URBAN RENEWAL TAX INCREMENT REVENUE NOTES OF SAID CITY, AND THE HEARING ON THE ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the Council of the City of Dubuque, Iowa, will hold a public hearing th on the 20 day of November, 2006, at 6:30 o’clock P.M. in the Auditorium, Carnegie-Stout Public Library, Dubuque, Iowa, at which meeting the Council proposes to take additional action for the issuance of not to exceed $812,000 Urban Renewal Tax Increment Revenue Notes in order to provide funds to pay costs of 8 aiding in the planning, undertaking and carrying out of urban renewal project activities under the authority of Chapter 403 of the Code of Iowa and the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District, including the funding of an economic development grant to Chavenelle Warehouse Development, LLC under the terms of a Development Agreement dated June 19, 2006 by and among the City of Dubuque, Chavenelle Warehouse Development, LLC and Theisen Supply, Inc. At the above meeting the Council shall receive oral or written objections from any resident or property owner of said City to the above action. After all objections have been received and considered the Council will at this meeting or at any adjournment thereof, take additional action for the issuance of said Urban Renewal Tax Increment Revenue Notes or will abandon the proposal to issue said obligations. Said hearing and appeals there from shall be held in accordance with and governed by the provisions of Section 403.9 of the Code of Iowa. This notice is given by order of the Council of Dubuque, Iowa, as provided by Section 403.9 of the Code of Iowa. th Dated this 6 day of November, 2006. Jeanne F. Schneider, City Clerk (End of Notice) th Passed, approved and adopted this 6 day of November, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution and set public hearing for 11/20/06 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 Jones. Motion carried 6-0. Pine Box LLP / Washington Court, LP Agreement: City Manager recommending that a public hearing be set for November 20, 2006 to consider an agreement between Pine Box LLP / Washington Court, LP for the exchange of property for construction of parking facilities at 18th and Washington Streets, presented and read. Cline moved that the communication be received and filed. Seconded by Jones. Motion carried 6-0. RESOLUTION NO. 529-06 RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN THE SOUTH ½ OF LOT 157, THE NORTH ½ OF LOT 157, THE SOUTH ½ OF LOT 158, AND THE NORTH ½ OF LOT 158, ALL IN EAST DUBUQUE ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA AND IN THE CITY’S INTEREST IN LOTS 159, 160 AND 161 IN EAST DUBUQUE, AN ADDITION TO THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF WHEREAS, the City of Dubuque (City) is the owner, or intends to acquire, the following described property in Dubuque, Iowa: The South ½ of Lot 157, the North ½ of Lot 157, the South ½ of Lot 158, and the North ½ of Lot 158, all in East Dubuque Addition in the City of Dubuque, Dubuque County, Iowa; and WHEREAS, Washington Court, L.P. (Washington Court) and Pine Box, LLLP (Pine Box) are the owners of all of the condominium units in the Washington Court Building Horizontal Property Regime as defined and established in a Declaration of Submission to Horizontal Property Regime filed on February 16, 2006, as Instrument No. 2006-2304 of the land records of Dubuque County, Iowa; and WHEREAS, the following described property is a part, but not all, of the land in the Washington Court Building Horizontal Property Regime, to wit: Lots 159, 160 and 161 in East Dubuque, an addition to the city of Dubuque, Dubuque County, Iowa, according to the recorded plat thereof; and WHEREAS, Lots 159, 160 and 161 were designated in the Declaration of Submission to Horizontal Property Regime to become a parking lot, and under §2.03 of the Declaration of Submission to Horizontal Property Regime, said lots are currently part of Unit B of the Washington Court Building Horizontal Property Regime, which unit is owned by Washington Court, L.P.; and 9 WHEREAS, Pine Box intends to lease Unit A of the Horizontal Property Regime to TriState Community Health (TriState) which will operate the Crescent Community Health Center (the Center) from Unit A; and WHEREAS, TriState needs additional parking for the Center and City believes that the Center and the acquisition of additional parking for the Center would be a benefit to the citizens of the City of Dubuque; and WHEREAS, City, Washington Court and Pine Box have negotiated an Agreement, a copy of which is now on file in the Office of the City Clerk, City Hall, 50 West 13th Street, Dubuque, Iowa, 52001-4864, pursuant to which City will convey the south half and the westerly 5 feet of the north ½ of the vacated alley legally described as Lot 159B, and the South ½ of Lot 157, the North ½ of Lot 157, the South ½ of Lot 158, and the North ½ of Lot 158, all in East Dubuque Addition in the city of Dubuque, Dubuque County, Iowa (the City Property), to Washington Court, in exchange for Washington Court and Pine Box conveying to City the North ½ of Lot 159 and Lots 160 and 161. City also agrees to grant to Pine Box a right of first refusal in the event that City should determine that it wishes to dispose of the North ½ of Lot 159, and Lots 160 and 161; and WHEREAS, the City Council of the City of Dubuque has determined that approval of the Agreement is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to dispose of its interest in the south half and the westerly 5 feet of the north ½ of the vacated alley legally described as Lot 159B, and the South ½ of Lot 157, the North ½ of Lot 157, the South ½ of Lot 158, and the North ½ of Lot 158, all in East Dubuque Addition in the City of Dubuque, Dubuque County, Iowa, and the North ½ of Lot 159, and Lots 160 and 161, as set forth in the Agreement. Section 2. That the conveyance of the south half and the westerly 5 feet of the north ½ of the vacated alley legally described as Lot 159B, and the South ½ of Lot 157, the North ½ of Lot 157, the South ½ of Lot 158, and the North ½ of Lot 158, all in East Dubuque Addition in the City of Dubuque, Dubuque County, Iowa, to Washington Court be contingent upon the exchange of the North ½ of Lot 159 and Lots 160 and 161, plus platting, publication, and filing fees as outlined in an Agreement by and among the City of Dubuque, Iowa, Washington Court, LP, and Pine Box LLLP. Section 3. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to dispose of said real estate to be published in the manner as prescribed by law. Passed, approved and adopted this 6th day of November, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution and set this for public hearing on 11/20/06 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 Jones. Motion carried 6-0. Oak Court – Request to Vacate: City Manager recommending that a public hearing be set for November 20, 2006 to consider a request from Richard L. Harrison to vacate a portion of Oak Court at Rising Avenue, presented and read. Cline moved that the communication be received and filed. Seconded by Jones. Motion carried 6-0. RESOLUTION NO. 530-06 RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN LOT 32A OF UNION ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, Richard L. Harrison has requested the vacating and disposal of a portion of Oak Court at Rising Avenue; and Whereas, William Burger, Land Surveyor, has prepared and submitted to the City Council a plat showing the vacated portion of Oak Court at Rising Avenue and assigned a lot number thereto, which hereinafter shall be known and described as Lot 32A of Union Addition in the City of Dubuque, Dubuque County, Iowa, should be approved. 10 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to vacate and dispose of its interest in Lot 32A of Union Addition in the City of Dubuque, Dubuque County, Iowa. Section 2. That the conveyance of Lot 32A of Union Addition in the City of Dubuque, Dubuque County, Iowa to Richard L. Harrison be contingent upon the payment of $300, plus platting, publication and filing fees. Section 3. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to vacate and dispose of said real estate to be published in the manner as prescribed by law. Passed, approved and adopted this 6th day of November, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution and set this for public hearing on 11/20/06 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 Jones. Motion carried 6-0. Port of Dubuque Storm Sewer – 5th and Bell Street Project: City Manager recommending initiation of the public bidding process for the Port of Dubuque Storm Sewer – 5th and Bell Street Construction Project and setting a public hearing for December 4, 2006, presented and read. Cline moved that the communication be received and filed. Seconded by Jones. Motion carried 6-0. RESOLUTION NO. 531-06 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Port of Dubuque Storm Sewer Extension – Phase V Project, in the estimated amount $205,221.00 are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 6th day of November, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Jones. Motion carried 6-0. RESOLUTION NO. 532-06 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 Port of Dubuque Storm Sewer Extension – Phase V Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a public hearing will be held on the 4th day of December, 2006, at 6:30 p.m. in the Public Library Auditorium at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, adopted and approved this 6th day of November, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Jones. Motion carried 6-0. RESOLUTION NO. 533-06 ORDERING BIDS 11 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Port of Dubuque Storm Sewer Improvements – Phase V 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 21st day of November, 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 4th day of December, 2006. Passed, adopted and approved this 6th day of November, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Jones. Motion carried 6-0. BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Commission: Housing Commission (One Unexpired three-year term through 8/17/08) Applicant: Linda Frommelt No one spoke. Appointments to the following Commission: Human Rights Commission (Two unexpired terms - terms of Loney and Gassman) Applicants: Patricia Foster, Katrina Wilberding, Gretel Winterwood Vote on the appointments was as follows: Cline voted for Foster and Wilberding. Jones voted for Wilberding and Winterwood. Lynch voted for Foster and Wilberding. Michalski voted for Foster and Wilberding. Braig voted for Foster and Winterwood. Buol voted for Foster and Wilberding. Therefore, Patricia Foster appointed to the term expiring 1/1/08 and Katrina Wilberding appointed to the term expiring 1/1/09. PUBLIC HEARINGS Michalski moved that the rules be suspended to allow anyone present to address the Council. Seconded by Jones. Motion carried 6-0. Individual Historic Designation – 565 Fenelon Place: Proof of publication on notice of hearing and Long Range Planning Advisory Commission recommending approval of the Individual Historic Designation of 565 Fenelon Place and communication from the State Historical Society of Iowa providing comments on the proposed individual historic designation of 565 Fenelon Place, presented and read. Cline moved that the communication be received and filed and recommendation approved. Seconded by Jones. Motion carried 6-0. Residential Parking Permit District: Proof of publication on notice of hearing to consider approval of a request to establish a Residential Parking Permit District on Hansel Drive between Keystone Drive and Keymont Drive and City Manager recommending approval and communication from David Olson, Principal of Hempstead High School, regarding the request for a Residential Parking Permit District, presented and read. Cline moved that the proof and communications be received and filed. Seconded by Jones. Motion carried 6-1 with Michalski voting Nay. Kim Ruhter, 2065 Admiral, spoke objecting to residential parking permit districts and requested consideration of parking on one side only. William Thill, 1862 Hansel Drive, spoke stating the School Board needs to address this problem. Shannon Mussman, 1885 Hansel Drive, spoke in support of the proposed residential parking permit district. 12 Helen Shaben, 1875 Hansel Drive, spoke of concerns with the narrow street and winter’s snow and ice problems. Brian Tschiggfrie, 1870 Hansel Drive, spoke objecting to student parking on this narrow street. An Ordinance Establishing a Residential Parking Permit District on Hansel Drive from Keystone Drive to Keymont Drive, presented and read. 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 and moved final consideration and passage of the Ordinance. Seconded by Jones. Motion failed due to following vote: Yeas--Buol, Lynch. Nays—Braig, Cline, Jones, Michalski. Jones moved that this be considered the first reading of the Ordinance. Seconded by Braig. Motion carried 5-1 with Michalski voting Nay. P & L Venture, LLC (National Dentex - Oral Arts, Inc.) Land Sale and Development Agreement: Proof of publication on notice of hearing to consider the sale of approximately three (3) acres of land in the Dubuque Industrial Center West to P & L Venture, LLC (National Dentex – Oral Arts, Inc.) and a Development Agreement between the City of Dubuque and P & L Venture, LLC (National Dentex – Oral Arts, Inc.) and City Manager recommending approval, presented and read. Cline moved that the proof and communication be received and filed. Seconded by Jones. Motion carried 6-0. Phil Mihalakis spoke and thanked the staff and others for this project. RESOLUTION NO. 534-06 RESOLUTION APPROVING A DEVELOPMENT AGREEMENT PROVIDING FOR THE SALE OF LOT 1 OF LOT B DUBUQUE INDUSTRIAL CENTER WEST 6TH ADDITION TO P & L VENTURE, LLC. Whereas, the City Council, by Resolution No. 509-06, dated October 16, 2006, declared its intent to enter into a Development Agreement with P & L Venture, LLC for the sale of Lot 1 of Lot B, Dubuque Industrial Center West 6th Addition (the Property); and Whereas, pursuant to published notice, a public hearing was held on the proposed disposition on November 6, 2006 at 6:30 p.m. at the Carnegie-Stout Public Library Auditorium, 360 W. 11th Street, Dubuque, Iowa; and Whereas, it is the determination of the City Council that approval of the Development Agreement for the sale to and development of the Property by P & L Venture, LLC and National Dentex (Oral Art’s, Inc.) according to the terms and conditions set out in the Development Agreement is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the attached Development Agreement by and between the City of Dubuque and P & L Venture, LLC and National Dentex (Oral Art’s, Inc.) for the sale of the Property is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute the Development Agreement on behalf of the City and City Clerk is authorized and directed to attest to his signature. Section 3. That the Mayor and City Clerk are hereby authorized and directed to execute and deliver a Special Warranty Deed for the Property as provided in the Development Agreement. Section 4. That the City Manager is authorized to take such actions as are necessary to comply with the terms of the Development Agreement as herein approved. Passed, approved and adopted this 6th day of November, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption, as amended, of the Resolution. Seconded by Jones. Motion carried 6-0. Crescent Community Health Center – Request to Vacate: Proof of publication of notice of hearing to consider approval of a request to vacate and dispose of the alley between Washington Street and Elm Street from 17th to 18th Streets as requested by John Gronen, representing Pine Box, LLLP and 13 Washington Court, LP, a Resolution Approving plat of proposed vacated alley between Washington Street and Elm Street from 17th Street to 18th Street; a Resolution Vacating an alley between Washington Street and Elm Street from 17th Street to 18th Street; and a Resolution Disposing of City interest in Lot 159B of “East Dubuque” an addition in the City of Dubuque, Dubuque County, Iowa, presented and read. Upon completion of the public hearing Michalski moved to table action on this item. Seconded by Cline. Motion carried 6-0. Fiscal Year 2007 Budget Amendment: Proof of publication on notice of hearing to consider the Fiscal Year 2007 First Budget Amendment and City Manager recommending approval, presented and read. Cline moved that the proof and communication be received and filed. Seconded by Jones. Motion carried 6-0. 31-288 CITY BUDGET AMENDMENT AND CERTIFICATION RESOLUTION To the Auditor of County, Iowa: DUBUQUE in said County/Counties met The City Council of DUBUQUE on Nov. 6, 2006 ,at the place and hour set in the notice, a copy of which accompanies this certificate and is certified as to publication. Upon taking up the proposed amendment, it was considered and taxpayers were heard for and against the amendment. The Council, after hearing all taxpayers wishing to be heard and considering the statements made by them, gave final consideration to the proposed amendment(s) to the budget and modifications proposed at the hearing, if any. thereupon, the following resolution was introduced. RESOLUTION No. 535-06 2007 A RESOLUTION AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, .) -- (AS AMENDED LAST ON Be it Resolved by the Council of the City of DUBUQUE Section 1. Following notice published the current budget (as previously amended) is amended as set and the public hearing held, Nov. 6, 2006 out herein and in the detail by fund type and activity that supports this resolution which was considered at that hearing: Total Budget Total Budget as certified Current after Current or last amended Amendment Amendment Revenues & Other Financing Sources 1 16,420,969 0 16,420,969 Taxes Levied on Property 2 0 0 0 Less: Uncollected Property Taxes-Levy Year 3 16,420,969 0 16,420,969 Net Current Property Taxes 4 0 0 0 Delinquent Property Taxes 5 4,296,807 0 4,296,807 TIF Revenues 6 10,737,123 0 10,737,123 Other City Taxes 7 3,167,556 0 3,167,556 Licenses & Permits 8 16,284,827 -39,895 16,244,932 Use of Money and Property 9 20,765,305 15,252,556 36,017,861 Intergovernmental 10 22,586,785 58,724 22,645,509 Charges for Services 11 372,000 1,095,923 1,467,923 Special Assessments 12 4,548,141 908,703 5,456,844 Miscellaneous 13 30,201,185 7,161,353 37,362,538 Other Financing Sources 14 129,380,698 24,437,364 153,818,062 Total Revenues and Other Sources 14 Expenditures & Other Financing Uses 15 20,442,318 265,322 20,707,640 Public Safety 16 10,353,232 581,350 10,934,582 Public Works 17 852,098 134,335 986,433 Health and Social Services 18 8,087,043 180,618 8,267,661 Culture and Recreation 19 8,278,372 354,649 8,633,021 Community and Economic Development 20 4,860,656 191,132 5,051,788 General Government 21 3,136,728 0 3,136,728 Debt Service 22 20,586,924 22,146,373 42,733,297 Capital Projects 23 76,597,371 23,853,779 100,451,150 Total Government Activities Expenditures 24 32,301,549 19,381,023 51,682,572 Business Type / Enterprises Total Gov Activities & Business 25 108,898,920 43,234,802 152,133,722 Expenditures 26 24,626,835 6,521,615 31,148,450 Transfers Out 27 133,525,755 49,756,417 183,282,172 Total Expenditures/Transfers Out Excess Revenues & Other Sources Over 28 -4,145,057 -25,319,053 -29,464,110 (Under) Expenditures/Transfers Out Fiscal Year 29 0 N/A 0 Continuing Appropriation 30 14,869,205 25,319,053 40,188,258 Beginning Fund Balance July 1 31 10,724,148 0 10,724,148 Ending Fund Balance June 30 Passed this 6th day of November 2007 (Day) (Month/Year) /s/ Jeanne F. Schneider, CMC /s/ Roy D. Buol City Clerk/Finance Officer Mayor Cline moved adoption of the Resolution. Seconded by Jones. Motion carried 6-0. Schmitt Memorial Concrete Project: Proof of publication on notice of hearing to consider the Schmitt Memorial Concrete Project and City Manager recommending that the one bid received for the project be rejected and the project rebid at a later date, presented and read. Michalski moved that the proof and communication be received and filed. Seconded by Jones. Motion carried 6-0. RESOLUTION NO. 536-06 REJECTING THE CONTRACT BID PROPOSAL FOR THE SCHMITT MEMORIAL CONCRETE PROJECT Whereas, a sealed proposal was submitted by a contractor for the Schmitt Memorial Concrete Project, pursuant to Resolution No. 490-06 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa, on the 6th day of October, 2006; and Whereas, the sealed proposals were opened and read by the City Clerk on the 19th day of October, 2006. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The bid proposal received for the Schmitt Memorial Concrete Project is hereby rejected. th Passed, adopted and approved this 6 day of November, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Michalski moved adoption of the Resolution. Seconded by Jones. Motion carried 6-0. Villa Street Retaining Wall – Ornamental Railing Project: Proof of publication on notice of hearing to consider the Villa Street Retaining Wall – Ornamental Railing Project and City Manager recommending award of the contract to Becker & Sons Stone Company, Inc., in the amount of $104,755.40, presented and 15 read. Cline moved that the proof and communication be received and filed. Seconded by Jones. Motion carried 6-0. RESOLUTION NO. 537-06 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 27th day of September, 2006, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Villa Street Retaining Wall - Ornamental Railing Project. Whereas, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, adopted and approved this 6th day of November, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Jones. Motion carried 6-0. RESOLUTION NO. 538-06 AWARDING CONSTRUCTION CONTRACT FOR THE VILLA STREET RETAINING WALL - ORNAMENTAL RAILING PROJECT Whereas, sealed proposals have been submitted by contractors for the Villa Street Retaining Wall - Ornamental Railing Project pursuant to Resolution No. and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 6th day of October, 2006. Whereas, said sealed proposals were opened and read on the 26th day of October, 2006, and it has been determined that the bid of Becker & Sons Stone Co., Inc. of Dubuque, Iowa, in the amount of $104,755.40 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 Becker & Sons Stone Co., 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 6th day of November, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Jones. Motion carried 6-0. RESOLUTION NO. 539-06 APPROVING CONSTRUCTION CONTRACT WITH BECKER & SONS STONE CO., INC. FOR THE VILLA STREET RETAINING WALL - ORNAMENTAL RAILING PROJECT Whereas the City Council by Resolution No. 538-06 awarded the construction contract for the Villa Street Retaining Wall - Ornamental Railing Project to Becker & Sons Stone Co., Inc.; and Whereas Becker & Sons Stone Co., 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 6th day of November, 2006. 16 Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Jones. Motion carried 6-0. Eagle Point Bluff Scaling and Tree Removal Project: Proof of publication on notice of hearing to consider the Eagle Point Bluff Scaling and Tree Removal Project and City Manager advising that no bids were received and that the project will be reviewed and rebid at a later date, presented and read. Cline moved that the proof and communication be received and filed. Seconded by Jones. Motion carried 6-0. US 20 (Devon Drive to Menards) Capacity Improvements Project: Proof of publication on notice of hearing to consider the US 20 (Devon Drive to Menards) Capacity Improvements Project and City Manager recommending award of the contract to Volkens Excavating, Inc., in the amount of $189,855, presented and read. Michalski moved that the proof and communication be received and filed. Seconded by Lynch. Motion carried 6-0. RESOLUTION NO. 540-06 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 27th day of September, 2006, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa 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); and, Whereas, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, adopted and approved this 6th day of November, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Michalski moved adoption of the Resolution. Seconded by Lynch. Motion carried 6-0. RESOLUTION NO. 541-06 AWARDING CONTRACT 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, said sealed proposals were opened and read on the 17th day of October, 2006, by the Iowa Department of Transportation (Iowa DOT) and it has been determined that the bid of Volkens Excavating, Inc. of Dyersville, Iowa, in the amount of $189,855.00 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the plans and specifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above improvement be awarded to Volkens Excavating, Inc., subject to the concurrence by Iowa Department of Transportation (Iowa DOT), 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. Passed, approved and adopted this 6th day of November, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Michalski moved adoption of the Resolution. Seconded by Lynch. Motion carried 6-0. RESOLUTION NO. 542-06 17 APPROVING CONSTRUCTION CONTRACT WITH VOLKENS EXCAVATING, INC. 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 the City Council by Resolution No. 541-06 awarded the construction contract 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) to Volkens Excavating, Inc.; and Whereas Volkens Excavating, Inc. has submitted the attached executed contract and bond. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 1. The contract and bond attached hereto are hereby approved. 2. The City Manager is hereby authorized and directed to execute the contract on behalf of the City of Dubuque. Passed, approved and adopted this 6th day of November, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Michalski moved adoption of the Resolution. Seconded by Lynch. Motion carried 6-0. City Hall - First Floor Restroom Remodel Project: Proof of publication on notice of hearing to consider the City Hall – First Floor Restroom Remodel Project and City Manager recommending award of the contract to Portzen Construction, Inc., in the amount of $76,828, presented and read. Cline moved that the proof and communication be received and filed. Seconded by Jones. Motion carried 6-0. RESOLUTION NO. 543-06 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on October 6, 2006, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the City Hall–1st Floor Restroom Renovations. Whereas, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, approved and adopted this 6th day of November, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Jones. Motion carried 6-0. RESOLUTION NO. 433-06 AWARDING CONSTRUCTION CONTRACT FOR THE CITY HALL—FIRST FLOOR RESTROOM RENOVATIONS Whereas, sealed proposals have been submitted by contractors for the City Hall—First Floor Restroom Renovations pursuant to Resolution No. 06-487 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 6th day of October, 2006. Whereas, said sealed proposals were opened and read on the 31st day of October, 2006, and it has been determined that the bid of Portzen Construction of Dubuque, Iowa, in the amount of $76,828 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 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: 18 That upon the signing of said contract and the approval of the contractor’s bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 6th day of November, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Jones. Motion carried 6-0. RESOLUTION NO. 545-06 APPROVING CONSTRUCTION CONTRACT WITH PORTZEN CONSTRUCTION FOR THE CITY HALL— FIRST FLOOR RESTROOM RENOVATIONS Whereas the City Council by Resolution No. 544-06 awarded the construction contract for the City Hall— First Floor Restroom Renovations to Portzen Construction; and Whereas Portzen Construction has submitted the attached executed contract and bond. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 1. The contract and bond attached hereto are hereby approved. 2. The City Manager is hereby authorized and directed to execute the contract on behalf of the City of Dubuque. Passed, approved and adopted this 6th day of November, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Jones. Motion carried 6-0. University Avenue Embankment Stabilization Project: Proof of publication on notice of hearing to consider the University Avenue Embankment Stabilization Project and City Manager recommending award of the contract to Connolly Construction, Inc. in the amount of $305,082.40, presented and read. Cline moved that the proof and communication be received and filed. Seconded by Lynch. Motion carried 6-0. RESOLUTION NO. 546-06 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 27th day of September, 2006, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the University Avenue Embankment Stabilization Project (Iowa DOT No. ER 2100 (636) -- 8R-31); and Whereas, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, adopted and approved this 6th day of November, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Lynch. Motion carried 6-0. RESOLUTION NO. 547-06 AWARDING CONTRACT FOR THE UNIVERSITY AVENUE EMBANKMENT STABILIZATION PROJECT (IOWA DOT NO. ER 2100 (636) -- 8R-31) Whereas, said sealed proposals were opened and read on the 17th day of October, 2006, by the Iowa Department of Transportation (Iowa DOT) and it has been determined that the bid of Connolly Construction, Inc. of Peosta, Iowa, in the amount of $305,082.40 was the lowest responsible 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: 19 That the contract for the above improvement be awarded to Connolly Construction, Inc., subject to the concurrence by Iowa Department of Transportation (Iowa DOT), 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. Passed, approved and adopted this 6th day of November, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Lynch. Motion carried 6-0. RESOLUTION NO. 548-06 APPROVING CONSTRUCTION CONTRACT WITH CONNOLLY CONSTRUCTION, INC. FOR THE UNIVERSITY AVENUE EMBANKMENT STABILIZATION PROJECT (IOWA DOT NO. ER 2100 (636) -- 8R-31) Whereas the City Council by Resolution No. 547-06 awarded the construction contract for the University Avenue Embankment Stabilization Project (Iowa DOT No. ER 2100 (636) -- 8R-31) to Connolly Construction, Inc.; and Whereas Connolly 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 6th day of November, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Lynch. Motion carried 6-0. Michalski moved that the rules be reinstated limiting discussion to the Council. Seconded by Braig. Motion carried 6-0. ACTION ITEMS Key City Subdivision – Final Plat: City Manager recommending approval of the final plat of Key City Subdivision in Dubuque County, presented and read. Cline moved that the communication be received and filed. Seconded by Lynch. Motion carried 6-0. RESOLUTION NO. 549-06 RESOLUTION APPROVING THE FINAL PLAT OF KEY CITY SUBDIVISION IN DUBUQUE COUNTY, IOWA Whereas, there has been filed with the City Clerk a final plat of Key City Subdivision; and Whereas, the preliminary plat has been examined by the Zoning Advisory Commission and has its approval endorsed thereon, with the waiver of Article IV, Design and Improvement Standards of the Subdivision Regulations, except for Section 42-29; and Whereas, said final plat has been reviewed by the City Planner and had her approval endorsed thereon; and Whereas, said final plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council hereby waives Article IV, Design and Improvement Standards of the Subdivision Regulations, except for Section 42-19, Blocks and Lots. Section 2. That the final plat of Key City Subdivision is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said subdivision plat. 20 Passed, approved and adopted this 6th day of November 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Lynch. Motion carried 6-0. Cable Franchise Agreement Amendment: City Manager recommending approval of an amendment to the Cable Franchise Agreement to allow some flexibility in determining I-Net connection deadlines on a case- by-case basis, presented and read. Jones moved that the communication be received and filed. Seconded by Braig. Motion carried 6-0. An Ordinance approving the second amendment to the Cable Franchise Agreement between the City of Dubuque, Iowa and MCC Iowa, LLC, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 68 -06 APPROVING THE SECOND AMENDMENT TO THE CABLE FRANCHISE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND MCC IOWA, LLC WHEREAS, on May 2, 2005, the City Council adopted Ordinance No. 28-05 approving a Cable Franchise Agreement between the City of Dubuque, Iowa (City) and MCC Iowa, LLC (Mediacom); and WHEREAS, City and Mediacom now desire to amend the Cable Franchise Agreement as set forth in the attached Second Amendment to Cable Franchise Agreement. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: Section 1. The Second Amendment to Cable Franchise Agreement attached hereto is hereby approved. Section 2. This Ordinance shall take effect upon publication. Passed, approved and adopted this 6th day of November, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 10th day of November, 2006., Jeanne F. Schneider, City Clerk 1t 11/10 Jones moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Braig. Motion carried 6-0. Jones moved final consideration and passage of the Ordinance. Seconded by Lynch. Motion carried 6-0. AIA Sustainable Design Assessment Team (SDAT): City Manager transmitting for City Council review a draft grant application to the American Institute of Architects for the Sustainable Design Assessment Team Program and requesting approval of a work session on November 20, 2006 at 5:00 P.M. to discuss the application, presented and read. Cline moved that the communication be received and filed and approved recommendation. Seconded by Braig. Motion carried 6-0. Annexation Study Update: City Manager recommending that the work session on the Annexation Study Update be changed from November 13 to December 11, 2006 at 5:00 p.m., presented and read. Cline moved that the communication be received and filed and recommendation approved. Seconded by Jones. Motion carried 6-0. Ethanol and Biodiesel Plants: City Manager recommending that the six month moratorium on the construction of ethanol and biodiesel plants be extended for an additional six months, presented and read. Michalski moved that the communication be received and filed. Seconded by Jones. Motion carried 6-0. 21 An Ordinance Amending the City of Dubuque Code of Ordinances Section 11-58.6 Moratorium on the Construction of Ethanol Plants, Ethanol Processing Facilities, Biodiesel Plants and Biodiesel Processing Facilities by extending a moratorium on the issuance of building permits for the construction of ethanol plants, ethanol processing facilities, biodiesel plants and biodiesel processing facilities, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 69-06 AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES SECTION 11-58.6 MORATORIUM ON THE CONSTRUCTION OF ETHANOL PLANTS, ETHANOL PROCESSING FACILITIES, BIODIESEL PLANTS AND BIODIESEL PROCESSING FACILITIES BY EXTENDING A MORATORIUM ON THE ISSUANCE OF BUILDING PERMITS FOR THE CONSTRUCTION OF ETHANOL PLANTS, ETHANOL PROCESSING FACILITIES, BIODIESEL PLANTS AND BIODIESEL PROCESSING FACILITIES Whereas, the City of Dubuque Zoning Ordinance allows the construction of ethanol plants, processing facilities, biodiesel plants and biodiesel processing facilities in certain zoning districts; and Whereas, the City Council desires to gather additional input in the process of studying whether the construction of such plants or facilities should be permitted in the City of Dubuque. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque Code of Ordinances Section 11-58.6 is amended to read as follows: Sec. 11-58.6. Moratorium on the Construction of Ethanol Plants, Ethanol Processing Facilities, Biodiesel Plants and Biodiesel Processing Facilities: The building official shall not issue a permit for any new construction or substantial enlargement, alteration, repair or remodeling of any structure or building for the production of ethanol or biodiesel fuel or for the processing of ethanol or biodiesel fuel within the City of Dubuque from the date of this Ordinance to May 1, 2007, except where a vested right to the issuance of such permit accrued prior to the effective date of this Ordinance. Any person, firm or corporation aggrieved or adversely affected by the building official's refusal to issue a permit pursuant to this moratorium shall appeal therefrom to the City Council. The City Council may direct the building official to issue a permit where the City Council finds that the refusal to issue a permit would deprive the owner of the property of a vested right. Section 2. This Ordinance shall take effect upon publication. Passed, approved and adopted this 6th day of November, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk th Published officially in the Telegraph Herald newspaper this 10 day of November, 2006. Jeanne F. Schneider, City Clerk 1t 11/10 Michalski moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Jones. Motion carried 6-0. Michalski moved final consideration and passage of the Ordinance. Seconded by Jones. Motion carried 6-0. Kyoto Protocol: Assistant City Attorney submitting information regarding the Kyoto Protocol, presented and read. Cline moved that the communication be received and filed and staff was given direction to prepare an inventory of what the City is currently doing regarding the goal of becoming a green community and to prepare a resolution for Council consideration at a future meeting. Seconded by Braig. Motion carried 6-0. Installation of Traffic Regulation Signs: City Manager recommending adoption of an ordinance authorizing the City Manager to place traffic signs, presented and read. Jones moved that the communication be received and filed. Seconded by Lynch. Motion carried 6-0. 22 An Ordinance Amending the City of Dubuque Code of Ordinances Chapter 32 Motor Vehicles and Traffic, Section 32-2 Definitions by adding a definition for City Manager and amending Section 32-17 Posting Required by authorizing the City Manager to post signs or direct the placement of signs, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 70-06 AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES CHAPTER 32 MOTOR VEHICLES AND TRAFFIC, SECTION 32-2 DEFINITIONS BY ADDING A DEFINITION FOR CITY MANAGER AND AMENDING SECTION 32-17 POSTING REQUIRED BY AUTHORIZING THE CITY MANAGER TO POST SIGNS OR DIRECT THE PLACEMENT OF SIGNS Section 1. City of Dubuque Code of Ordinances § 32-2 is amended by adding the following: Sec. 32-2. Definitions: City Manager means the official having jurisdiction to post signs or direct the placement of signs consistent with this Chapter. Section 2. City of Dubuque Code of Ordinances § 32-17 is amended to read as follows: Sec. 32-17. Posting Required: No traffic regulation, establishing regulations for specific streets, or portions thereof, within the city, shall be effective until signs giving notice of such regulations as called for are posted upon or at the entrances to the street or part thereof affected. The City Manager is hereby authorized to post signs or direct the placement of signs consistent with this Chapter. Section 3. This Ordinance shall take effect upon publication. Passed, approved and adopted this 6th day of November, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk th Published officially in the Telegraph Herald newspaper this 10 day of November, 2006. Jeanne F. Schneider, City Clerk 1t 11/10 Jones moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Lynch. Motion carried 6-0. Jones moved final consideration and passage of the Ordinance. Seconded by Michalski. Motion carried 6-0. Code of Ordinance Update: City Manager recommending approval of proposed changes to Chapter 6 – Amusements, Chapter 15 – Community Development of the City of Dubuque Code of Ordinances and further recommending that Chapter 25 – Historic Preservation be reviewed and updated as part of the Unified Development Code review process, presented and read. Cline moved that the communication be received and filed and approved recommendation. Seconded by Lynch. Motion carried 6-0. Fiscal Year 2008 Budget Hearing Schedule: City Manager recommending approval of the Fiscal Year 2008 Budget Hearing schedule, presented and read. Cline moved that the communication be received and filed and approved recommendation with date of final public hearing of the budget scheduled for Monday, March 12, 2007. Seconded by Braig. Motion carried 6-0. National League of Cities: Communication from Donald J. Borut, National League of Cities’ Executive Director, requesting that the City name one voting delegate and one alternate for the upcoming National League of Cities Conference, presented and read. Michalski moved that the communication be received and filed and directed that Mayor Buol and Council Member Michalski be designated as the voting delegate and alternate. Seconded by Lynch. Motion carried 6-0. COUNCIL MEMBER REPORTS 23 Braig mentioned she had been warmly welcomed at the Homeless Sleepout in Washington Park. Michalski shared that she represented the City at a meeting focusing on the landfill and stated that Dubuque is way ahead of a lot of cities as far as recycling. Jones urged citizens to vote in the upcoming election. At 8:52 P.M. Michalski moved to go into Closed Session re: Pending Litigation and Property Acquisition – Chapter 21.5(1)(c)(j) 2005 Code of Iowa. Seconded by Lynch. Motion carried 6-0. At 9:47 P.M. Council reconvened Regular Session stating that staff had been given proper direction. There being no further business, Michalski moved to adjourn. Seconded by Lynch. Motion carried 6-0. The meeting adjourned at 9:48 P.M. /s/ Jeanne F. Schneider, CMC City Clerk 24