Loading...
10 02 06 City Council Proceedings Official (Long)CITY COUNCIL OFFICIAL City Council Meeting, Regular Session, October 2, 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 called for the purpose of discussing such matters which may properly come before the Council. Invocation was given by Reverend Jerry E. Oakland, Pastor of St. Luke's United Methodist Church Proclamations: Arts and Humanities Month (October, 2006) received by Sue Riedel and John Woodin; Make a Will Month (October, 2006) received by Nancy Van Milligen, Dave Schmidt and Ric Jones; Week without Violence (October 15 - 21, 2006) received by Toby Wisecup and Sister Charla Bulko; Trick or Treat Night (October 31, 2006); and Energy Star "Change a Light" Day received by Mark Henning CONSENT ITEMS Minutes and Reports Submitted: Cable TV Regulatory Commission of 7/12; Cable TV Teleprogramming Commission of 8/8; City Council of 9/18; Civil Service Commission of 8/16 and 9/1; Enterprise Zone Commission of 9/18; Environmental Stewardship Advisory Commission of 9/5; Historic Preservation Commission of 9/21; Housing Commission of 8/22; Human Rights Commission of 8/14; Transit Board of Trustees of 9/14; Zoning Board of Adjustment of 8124, presented and read. Cline moved that the minutes be received and filed. Seconded by Jones. Motion carried 7-0. Proofs of publication of City Council Proceedings of 8/21, 8/29, 8/30, and 9/5, presented and read. Cline moved that the proofs be received and filed. Seconded by Jones. Motion carried 7-0. Notice of Claims/Suits: Karen Brokus for personal injury; Lisa Fuller for property damage; Linda L. and Zachary D. Lanham for property damage; Ferd A. Nesler vs. City of Dubuque for vehicle damage; Patricia A. Ralston for personal injury; Karia Riedl (Progressive Insurance -Ashley Wilkeson} for personal injury, presented and read. Cline moved that the claims and suits be received and filed and referred to the City Attorney for investigation/report. Seconded by Jones. Motion carried 7-0. City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Karen Brokus for personal injury, Lisa Fuller for property damage, Linda and Zachary D. Lanham for property damage; Patricia A. Ralston for personal injury, and Karia Riedl (Progressive Insurance -Ashley Wilkeson) for personal injury, presented and read. Cline moved that the communications be received and filed and concurred. Seconded by Jones. Motion carried 7-0. Civil Service Commission: Civil Service Commission submitting the certified list for the positions of Account Clerk I, Firefighter, and Transit Dispatcher/Scheduler, presented and read. September 1, 2006 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 2005 Code of Iowa, an examination for the position of Account Clerk I was given on August 10, 2006. We hereby certify that the individuals listed below have passed this written examination and the vacancy for this position should be made from this list and that this fist is good for two (2) years from above date. Cindy Hook James Lindell Kathryn Fangman Gregory Williams Carol Stecher Daniel Murphy Barbara Nyheim Alan Kutsch Lynda Murphy Annett Jones Cheryl Mandersheid Brittany Pickel Mary Duncan Kerry Bradley Marsha Rauch ACCOUNT CLERK I Diane Boardmann Christian Casavant Elizabeth Koontz Cathy Jo Miller Pamela Daack Marian Backes Joanne Williams Thomas Lutz Cindy Schroeder Christine Selchert Cindy Behnke Amy Decker Rebecca Loney Lindsey Hancock Lisa Schilling Deanne Johnson Stephenie Morales Dolores Weber Sherry O'Toole Susan Davis Jessica Hanson Debra Herring Beverly Mueller Audrey Hicks Dawn Lucas Shelli Meyer Brandi Cunningham Aaron Ploessl Jennifer Pillard Respectfully submitted, Merle Duehr, Chairperson Loras Kluesner Richard Wertzberger Civil Service Commission Cline moved that the communication be received and filed and made a matter of record. Seconded by Jones. Motion carried 7-0. September 22, 2006 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 2005 Code of Iowa, an examination for the position of Firefighter was given on August 17, 2006. We hereby certify that the individuals listed below have passed the written examination and agility test and the appointments for this position should be made from this list and that this list is good for one (1) year from above date. Adam Williams Jami Mundell Mark Weitz Robert Guerdet Nicholas Kuehneman Matt Weldin Kyle Burke Adam Schultz Todd Mahoney Robert Reed Susanna Duggan Kathleen Link FIREFIGHTER Dale Krueger Jason Breitbach Joshua Carter Anthony Krumbholz Todd Sieverding Harvey Johnson Brandon Feddersen Nicholas Esch Nathan Rowe Greg Schuster Marvin Ney Charles Settle Lucas King Terry Drees Ann McClain Noel Spencer-Motylo Adam Kahler Timothy Griebel Ryan Smrecek Randy Schueller Michael Kuhn Travis Torres Respectfully submitted, Merle J. Duehr, Chairperson Loras Kluesner Richard Wertzberger Civil Service Commissioners 2 Cline moved that the communication be received and filed and made a matter of record. Seconded by Jones. Motion carried 7-0. September 22, 2006 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 2006 Code of Iowa, an examination for the position of Transit Dispatcher/Scheduler was given on September 7, 2006. We hereby certify that the individuals listed below have passed this written examination and the vacancy for this position should be made from this list and that this list is good for two (2) years from above date. TRANSIT DISPATCHER/SCHEDULER Julie Miller Janelle Kirkpatrick Christopher J. Lester John Stierman Larry A. Troester III Marilyn A. Gaber Cheryl Manderscheid Alexis Wood Mary Duncan Anne Hefel Jeanne Kiefer Richard VonFumetti, Sr. Tim McClain Jean Dalsing Sheila Miller Mark Tranel Michael Clancy Donna Atkinson Respectfully submitted, Merle Duehr, Chairperson Loras Kluesner Richard Wertzberger Civil Service Commission Cline moved that the communication be received and filed and made a matter of record. Seconded by Jones. Motion carried 7-0. Five Flags Arena Fall Protection Project: City Manager recommending acceptance of the Five Flags Arena Fall Protection Project as completed by Hy-Safe Technology in the final contract amount of $85,573, presented and read. Cline moved that the communication be received and filed. Seconded by Jones. Motion carried 7-0. RESOLUTION NO.457-06 ACCEPTING IMPROVEMENT WHEREAS, the contract for the Five Flags Arena Fall Protection 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 2~d day of October, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Jones. Motion carried 7-0. RESOLUTION N0.458-06 FINAL ESTIMATE WHEREAS, the contract for the Five Flags Arena Fall Protection 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: 3 Section 1. That the cost of said improvement is hereby determined to be $85,573, and the said amount shall be paid from the General Fund of the City of Dubuque, Iowa. Passed, approved and adopted this 2nd day of October, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Jones. Motion carried 7-0. Purchase of Property at 2104 Kniest Street: City Manager recommending approval of the purchase of a residential dwelling located at 2104 Kniest Street as part of the acquisition program associated with the Bee Branch Creek Restoration Project, presented and read. Cline moved that the communication be received and filed. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 459-06 A RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE LOCATED AT 2104 KNIEST STREET, IN THE CITY OF DUBUQUE WHEREAS, the City of Dubuque intends to acquire certain properties located in the area of the Bee Branch Creek Restoration Project for stormwater mitigation activities as recommended in the 2001 HDR "Drainage Basin Master Plan;" and WHEREAS, a purchase agreement has been finalized with the owner of the eighth 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 Northwesterly 10 feet of the Southwesterly 97 feet of Lot 4, and the Southeasterly 15 feet of the Southwesterly 97 feet of Lot 3 in Frisch's Subdivision of Lot 3 in Kniest's Subdivision of Mineral Lot 314, in the City of Dubuque, Iowa according to the recorded Plat thereof in Dubuque County, Iowa At the cost of Sixty-four thousand dollars ($64 000). 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 2"d day of October, 2006. Roy D. Buol, Mayor Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Jones. Motion carried 7-0. Purchase of Property at 2307 Prince Street: City Manager recommending approval of the purchase of a residential dwelling located at 2307 Prince Street as part of the acquisition program associated with the Bee Branch Creek Restoration Project, presented and read. Cline moved that the communication be received and filed. Seconded by Jones. Motion carried 7-0. RESOLUTION NO.460-06 A RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE LOCATED AT 2307 PRINCE STREET, IN THE CITY OF DUBUQUE WHEREAS, the City of Dubuque intends to acquire certain properties located in the area of the Bee Branch Creek Restoration Project for stormwater mitigation activities as recommended in the 2001 HDR "Drainage Basin Master Plan;" and WHEREAS, a purchase agreement has been finalized with the owner of the sixth property scheduled for acquisition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 4 Section 1. That the City of Dubuque hereby approves the acquisition of the following legally described property: The Northerly one-half of Lot 57 in Sanford Subdivision, in the City of Dubuque, Iowa according to the recorded Plat thereof in Dubuque County, Iowa At the cost of Forty-one thousand dollars ($41 000). 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 2"d day of October, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Jones. Motion carried 7-0. Purchase of Property at 2305 Prince Street: City Manager recommending approval of the purchase of a residential dwelling located at 2305 Prince Street as part of the acquisition program associated with the Bee Branch Creek Restoration Project, presented and read. Cline moved that the communication be received and filed. Seconded by Jones. Motion carried 7-0. RESOLUTION NO.460-06 A RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE LOCATED AT 2305 PRINCE STREET, IN THE CITY OF DUBUQUE WHEREAS, the City of Dubuque intends to acquire certain properties located in the area of the Bee Branch Creek Restoration Project for stormwater mitigation activities as recommended in the 2001 HDR "Drainage Basin Master Plan;" and WHEREAS, a purchase agreement has been finalized with the owner of the seventh 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 Southeasterly one-half of Lot 57 in Sanford Subdivision, in the City of Dubuque, Iowa according to the recorded Plat thereof in Dubuque County, Iowa At the cost of Thirty-nine thousand dollars ($39 000). 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 2"d day of October, 2006. Roy D. Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Jones. Motion carried 7-0. Main Street Challenge Grant -Step by Step: City Manager recommending approval of a letter of support for Dubuque Main Street, Ltd. funding of Step by Step, presented and read. Cline moved that the communication be received and filed and approved letter of support. Seconded by Jones. Motion carried 7-0. 5 Human Rights Commission: Communication from James L. Jarrard, Chair of the Human Rights Commission, thanking the City Council for supporting the Human Rights Commission accessibility goal, presented and read. Cline moved that the communication be received and filed. Seconded by Jones. Motion carried 7-0. Health Choices Administrative Services Fee: City Manager recommending approval of the administrative services fee presented by Health Choices for the City's health insurance plan effective July 1, 2006 through June 30, 2008, presented and read. Cline moved that the communication be received and filed and recommendation approved. Seconded by Jones. Motion carried 7-0. Airport Commission: Communication from Eric R. Savage thanking the City Council for the opportunity to apply for the Dubuque Airport Commission, presented and read. Cline moved that the communication be received and filed. Seconded by Jones. Motion carried 7-0. Flexsteel Drainage Improvement Agreement: City Manager recommending approval of a modification to the terms for the operation and maintenance agreement for the Flexsteel flood contract system established in 1992 between Flexsteel Industries, Dubuque County, and the City of Dubuque, presented and read. Cline moved that the communication be received and filed. Seconded by Jones. Motion carried 7-0. RESOLUTION NO.462-06 APPROVING THE SECOND AMENDMENT TO THE FLEXSTEEL DRAINAGE IMPROVEMENT AGREEMENT Whereas, on September 10, 1993, the City of Dubuque, Iowa (City), the County of Dubuque, Iowa (County), and Flexsteel Industries Incorporated (Flexsteel) entered into the Flexsteel Drainage Improvement Agreement providing for a drainage improvement on Flexsteel property; and Whereas, City, County and Flexsteel now desire to further amend the Agreement as set forth in the Second Amendment attached hereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Second Amendment to the Flexsteel Drainage Improvement Agreement, attached hereto, is hereby approved, and the Mayor is hereby authorized and directed to sign the Second Amendment on behalf of the City of Dubuque. Passed, adopted and approved this 2nd day of October, 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. Acceptance of Warranty Deed: City Manager recommending approval of the acceptance of a warranty deed from Dubuque Bank and Trust for construction of an additional eastbound lane on Asbury Road west of the Northwest Arterial, presented and read. Cline moved that the communication be received and filed. Seconded by Jones. Motion carried 7-0. RESOLUTION NO.463-06 A RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY (LOT A OF LOT 1 OF HOLLIDAY ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA) Whereas, the City of Dubuque entered into an Acquisition Agreement with Dubuque Bank & Trust Company pursuant to which Dubuque Bank & Trust Company agreed to convey a part of Lot A of Lot 1 of Holliday Addition in the City of Dubuque, Dubuque County, Iowa, as shown on the Acquisition Plat thereof; and Whereas, Dubuque Bank & Trust Company has executed a conveyance of said property. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 6 Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts, and consents to the Warranty Deed from Dubuque Bank & Trust Company, copies of which are attached hereto, as required by Iowa Code Section 569.7. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, adopted and approved this 2nd day of October, 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. West 32nd Street Detention Pond -Acceptance of Warranty Deeds: City Manager recommending approval of the acceptance of two warranty deeds for purchases necessary for the improvements to the West 32nd Street Detention Pond, presented and read. Cline moved that the communication be received and filed. Seconded by Jones. Motion carried 7-0. RESOLUTION N0.464-06 A RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY (LOT 2 OF GILLESPIE'S THIRD ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA) Whereas, the City of Dubuque entered into an Acquisition Agreement with Ralf A. and Leta M. Schreyer pursuant to which Ralf A. and Leta M. Schreyer agreed to convey Lot 2 of Gillespie's Third Addition in the City of Dubuque, Dubuque County, Iowa, as shown on the Plat of Survey thereof; and Whereas, Ralf A. and Leta M. Schreyer have executed a conveyance of said property. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts, and consents to the Warranty Deed from Ralf A. and Leta M. Schreyer, copies of which are attached hereto, as required by Iowa Code Section 569.7. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, adopted and approved this 2nd day of October, 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. 465-06 A RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY (LOT A OF LOT B OF SULLIVAN'S SECOND ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA) Whereas, the City of Dubuque entered into an Acquisition Agreement with James A. and Anita M. Sullivan pursuant to which James A. and Anita M. Sullivan agreed to convey Lot A of Lot B of Sullivan's Second Addition in the City of Dubuque, Dubuque County, Iowa, as shown on the Acquisition Plat thereof; and Whereas, James A. and Anita M. Sullivan have executed a conveyance of said property. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts, and consents to the Warranty Deed from James A. and Anita M. Sullivan, copies of which are attached hereto, as required by Iowa Code Section 569.7. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, adopted and approved this 2nd day of October, 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. 7 University Avenue Reconstruction Project: City Manager recommending approval of the final schedule of assessments for the University Avenue Reconstruction project, presented and read. Cline moved that the communication be received and filed. Seconded by Jones. Motion carried 7-0. RESOLUTION NO.466-06 A RESOLUTION ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE UNIVERSITY AVENUE RECONSTRUCTION PROJECT FROM DELHI TO ALTA VISTA AND THE UNIVERSITY AVENUE PATCHING PROJECT FROM ALTA VISTA TO SPRUCE STREET INCLUDING CERTAIN INFORMATION REQUIRED BY THE CODE OF IOWA, SPECIFICALLY, THE NUMBER OF ANNUAL INSTALLMENTS INTO WHICH ASSESSMENTS ARE DIVIDED, THE INTEREST ON ALL UNPAID INSTALLMENTS, THE TIME WHEN THE ASSESSMENTS ARE PAYABLE AND DIRECTING THE CLERK TO CERTIFY THE FINAL SCHEDULE AND TO PUBLISH NOTICE THEREOF NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That after full consideration of the accompanying final schedule of assessments to be made for the construction of the University Avenue Reconstruction Project from Delhi to Alta Vista and the University Avenue Patching Project from Alta Vista to Spruce Street under contract with Horsfield Construction Co. of Epworth, Iowa, for which the final schedule of assessments were filed in the office of the City Clerk on the 2nd day of October, 2006, the said schedule of assessments be and the same is hereby approved and adopted. That there be, and is hereby assessed and levied as a special tax against and upon each of the lots, the respective sums indicated. Provided, further, that the amounts shown in said final schedule of assessments as deficiencies are found to be proper and levied conditionally against the respective properties benefited by the improvements as shown in the schedule, subject to the provisions of Section 384.63 of the Code of Iowa. Said assessments against said lots are hereby declared to be in proportion to the special benefits conferred and not in excess of twenty-five percent of the value of same. That the City Clerk be and is hereby directed to certify said schedule to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in the manner provided in Section 362.3, the first publication of which shall be not more than fifteen days from the date of filing of the final schedule. On or before the date of the second publication of the notice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided and directed in Section 384.60 of the Code of Iowa. That assessments may be paid in full or in part without interest at the office of the City Treasurer, City Hall, 50 W. 13th Street, Dubuque, Iowa, at any time within 30 days after the date of the first publication of this notice of the filing of the final schedule of assessments with the County Treasurer. After 30 days, unpaid assessments of $100.00 or more are payable in 10 annual installments at the County Treasurer's Office, Dubuque County Courthouse, 720 Central, Dubuque, Iowa, and will draw annual interest at nine (9) percent (commencing on the date of acceptance of the work) computed to the December 1 next following the due dates of the respective installments as provided in Section 384.65 of the Code of Iowa. Each installment will be delinquent from October 1 following its due date on July 1 of each year. Property owners may elect to pay any annual installments semiannually in advance. Passed, approved and adopted this 2nd day of October, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk UNIVERSITY AVENUE RECONSTRUCTION PROJECT (DELHI TO ALTA VISTA STREET) UNIVERSITY AVENUE PATCHING PROJECT (ALTA VISTA TO SPRUCE STREET) FINAL SCHEDULE OF VALUATION AND ASSESSMENTS DATE: SEPTEMBER 26, 2006 The following schedule is hereby determined to show each lot proposed to be assessed for the improvement show in the title together with the amount proposed to be assessed against each lot and the valuations shown opposite each lot are hereby fixed as the true valuations of such lots by the City Council of the City of Dubuque. 8 PROPERTY OWNER LOT DESCRIPTION PARCEL NUMBER PAVING ASSESSMENT WATER SERVICE SEWER LATERAL TOTAL NET ASSESSMENT DBQ Prop. Mgmt. Lot 1-1-46 Oxford Hgts10-25-106-004 $398.80 $809.45 $1,208.25 Sitzmann, Dave & T Lot 1-47 Oxford Hgts 10-25-106-003 $1138.49 $1038.53 $809.45 $2,986.37 Neumeister, Tom E.64' N.100' Lot 1 Martins 10-25-108-002 $1,319.87 $809.45 $2,129.32 Maro, Gerald & J. W 50' N 100' N 150' Lot 1 Martins 10-25-106-001 $1,021.78 $809.45 $1,831.23 Specht, Joe & D. S 50' N 150' Lot 1 Martins 10-25-106-005 $ 316.83 $ 316.83 Davis, Bryce & C. S 50' Lot 1 Martins 10-25-106-006 $ 155.09 $ 155.09 Staver, Chris T. Lot 2 Martins 10-25-106-007 $ 88.62 $ 88.62 Torres, John & L Lot 3 Martins ! 10' Lot 49 Oxford 10-25-106-008 $ 71.91 $ 71.91 Gross, James & J Lot 1-1-2-1 Mineral Lot 80 10-25-105-006 $ 618.41 $ 618.41 Gross, James & J Lot 2-1-2-1 Mineral Lot 80 10-25-105-005 $ 481.28 $905.56 $1,387.86 Gross, James & J Lot 1-2-2-1 Mineral Lot 80 10-25-105-004 $ 1263.17 $1,263.17 Gross, James & J Lot 2-2-2-1 Mineral Lot 80 10-25-105-003 $ 675.32 $906.58 $1,581.90 Gross, James & J Lot 1-1 Mineral Lot 80 10-25-105-020 $ 638.08 $ 638.08 Bauerly, James & K Lot 2-2- Mineral Lot 80 10-25-105-021 $ 412.09 $ 412.09 Briggs, Shirley, Trust. Lot 1-1-2 Mineral Lot 80 10-25-105-022 $ 134.14 $ 134.14 Klinge, Ken & T Lot 2-1-2 Mineral Lot 80 10-25-105-023 $ 49.75 $ 49.75 Cook, Ken & Barb Lot 12 Bradstreet, Dbq. 10-25-105-024 $ 67.68 $ 67.68 Geisler, Joan & Briggs, Joan Lot 2-4 Mineral Lot 80 10-25-105-002 $1,944.22 $1,160.80 $938.96 $,4043.98 Geisler, Joan & Briggs, Joan Lot 3-4 Mineral Lot 80 10-25-105-001 $1,944.22 $1,160.80 $906.58 $4,011.60 Cigrand, Ralph & Mary Jean Lot 1-4 Mineral Lot 80 10-25-105-007 $425.39 $ 425.39 Bleile, Randy & Carla K. N '/2 of Lot 3 of Mineral Lot 80 10-25-105-008 $212.69 $ 212.69 Nelson, Robert & Bernadine S'/2 of Lot 3 of Mineral Lot 80 10-25-105-009 $110.38 $ 110.38 Davis, John & Loretta S. Lot 2-13 Bradstreet & Lot 2A Mineral Lot 80 10-25-105-010 $55.99 $ 55.99 Cullen, Wm, & McClain, Theresa Lot 1-13 Bradstreet Dbq 10-25-105-011 $50.35 $ 50.35 Genesis Two Holding, Inc. Lot 45 & 46 both in SM Langworthy's Add. 10-26-233-007 $ 2,129.47 $ 2,129.47 Wheelock, Paul A & Wendy S Lot 47 in SM Langworthy's Add. 10-26-233-004 $ 408.27 938.96 $ 2,533.83 Boelk, Robert D & Mable L Lot 48 in SM Langworthy's Add. 10-26-233-003 1,713.21 Steve, JoAnn M. Lots 49, 50 & 51 SM Langworthy's Add. 10-26-233-002 JG Properties Lots 52 & 53 in SM Langworthy's Add. 10-26-233-001 $ $ 3,857.92 Church of Nativity, c/o Father Mescher Church of Nativity & Lot 1-1-1-1-1-1 $8,674.54 $ 8,674.54 Church of Nativity, c/o Father Mescher Lot 2-1-1 and Lot 2-1 Slattery's Sub. $ 469.01 $ 3,763.49 $ 1,186.60 $ $ 774.25 $ 938.96 $ $ 2,322.75 $ 2,322.75 1,608.85 $ 1,310.11 $ 938.96 Slattery's Sub 10-25-101-001 10-25-101-002 $ 3,294.48 Perfection Oil Company Lot 2-2 Slattery's Sub. 10-26-229-018 $ 3,437.71 $ 518.05 $ 3,955.76 Heitz Distributing Company Lot 2-1-2 Slattery's Sub. 10-26-229-017 $ 1,718.86 $ 518.05 $ 2,236.90 Matheos, James P & Debbie S Lot 1 Marsh's Dubuque #2 10-26-229-016 $ 1,909.84 $ 518.05 $ 2,427.89 9 Schreiber, John D & Rosemary F Lot 2 Marsh's Dubuque #2 10-26-229-015 $ 1,909.84 $ 326.63 $ 582.8 $ 2,819.28 Von Ah, LLC Lot 3 Marsh's Dubuque #2 10-26-229-007 $ 302.12 $ 302.12 Hefel, Dale R. & LuAnn M Lot 1 Schiltz Sub. 10-26-229-014 $ 412.5 $ 412.5 Saeugling, Julie M. S. 45' Lot 4 Marsh's Dubuque #2 10-26-229-006 $ 131.52 $ 131.52 Carlos & Evelyn Nieves Lot 2 Schiltz Sub. 10-26-229-013 $ 192.55 $ 192.55 Slade, Peter J. & Georgia L. N. 5' Lot 4 & S. 40' Lot 5 Marsh's Dubuque #2 10-26-229-005 $ 76.94 $ 76.94 Delire, Stephen P. & Janet M. Lot 3 Schiltz Sub. 10-26-229-012 $ 111.18 $ 111.18 Eisbach, William A & Helen M N. 10' Lot 5 & Lot 6 Marsh's Dubuque #2 10-26-229-004 $ 78 $ 78 Smith, Kenneth A Lot 4 Schiltz Sub. 10-26-229-011 $ 67.27 $ 67.27 Stock, James W. & Nancy S Lot 54 SM Langworthy's Add. 10-26-232-007 $ 716.19 $ 1,150.75 $ 971.34 $ 2,838.28 Stock, James W. & Nancy S Lot 55 & 1-56 SM Langworthy's Add. 10-26-232-006 $ 861.34 $ 938.96 $ 1,800.30 Schute, Robert M & Shirley Ann Lot A-2-56 SM Langworthy's Add. 10-26-232-005 $ 655.46 $ 971.34 $ 1,626.79 Schute, Thomas J Lot B-2-56 & Lot 57 SM Langworthy's Add. 10-26-232-004 $ 655 $ 1,036.09 $ 1,691.09 Rampson R. Dean, Jr. & Jeanette Lot 1-58 SM Langworthy's Add. 10-26-232-003 $ 1,175.66 $ 971.34 $ 2,147.00 Ohmert, Donald L & Ethel C Lot 59, 1-60, 2-58 SM Langworthy's Add. 10-26-232-002 $ 619.75 $ 971.34 $ 1,591.09 Ropa, Douglas Lot 4 Cleminson Sub. & Lot 2-60 SM Langworthy's Add. 10-26-232-001 $ 431.83 $ 971.34 $ 1,403.17 Coakley, Dianne L. Lot 1-2 Cleminson Sub. 10-26-231-008 $ 816.54 $ 1,183.59 $ 971.34 $ 2,971.46 Steve, Joan M. Lot 6 Summitt Add. 10-26-231-007 $ 816.54 $ 1,119.26 $ 1,068.47 $ 3,004.27 Fitzgerald, Kyle Lot 5 Summitt Add. 10-26-231-006 $ 816.54 $ 1,133.33 $ 971.34 $ 2,921.21 Diamandakis, Michael E & Constantina Lot 4 Summitt Add. 10-26-231-005 $ 816.54 $ 1,072.03 $ 1,003.71 $ 2,892.28 Freedom Properties LLC c/o Jeffery Sheets Lot 3 Summitt Add. 10-26-231-004 $ 816.54 $ 1,224.05 $ 938.96 $ 2,979.54 Simpson, Christopher M & Carisa Lot 1-2 Summitt Add. 10-26-231-003 $ 814.52 $ 1,077.72 $ 1,068.47 $ 2,960.71 DAL Building Corp. E. 50' Lot 1 & Lot 2-2 Summitt Add. 10-26-231-002 $ 346.45 $ 346.45 Hancock, Jane Lot 16 Marsh's Dubuque #2 10-26-228-020 $ 1,909.84 $ 1,909.84 Fair, Patrick & Hirsch Lot 17 Marsh's Dubuque #2 10-26-228-019 $ 1,909.84 $ 420.91 $ 2,330.75 Hancock, Jane Lot 15 Marsh's Dubuque #2 10-26-228-016 $ 302.12 $ 302.12 Kuhle, Linda L S. 1/2 Lot 14 Marsh's Dubuque #2 10-26-228-015 $ 83.39 $ 83.39 Kuhle, James H & Linda L N. 1/2 Lot 14 Marsh's Dubuque #2 10-26-228-014 $ 57.6 $ 57.6 Plowman, Kenneth D & Tammy J Lot 13 Marsh's Dubuque #2 10-26-228-013 $ 81.57 $ 81.57 Davis, Julie A Lot 12 Marsh's Dubuque #2 10-26-228-012 $ 64.45 $ 64.45 Schuster, James W. Lot 13 Marsh's Dubuque #2 10-26-228-018 $ 1,587.96 $ 518.05 $ 2,106.00 Pregler, Thomas L. Lot 1-11 Lawrence Dubuque 10-26-228-017 $ 955.51 $ 295.81 $ 518.05 $ 1,769.37 Bandy, Dennis W. & Carol Lot 1-10 Lawrence Dubuque 10-26-228-007 193.36 $ 193.36 Duggan, Jennifer Lot 1-9 Lawrence Dubuque 10-26-228-006 $ 98.89 $ 98.89 Wagner, John & Agnes Lot 1-7 & 1-8 Lawrence Dubuque 10-26-228-005 $ 89.03 $ 89.03 Herrig, Ned J. & Susan Lot 1-6 Lawrence Dubuque 10-26-227-025 $ 830.84 $ 309.88 $ 679.94 $ 1,820.66 Herrig, Scott M. Lot 5 Lawrence Dubuque 10-26-227-027 $ 850.17 $ 679.94 $ 1,530.11 10 Davis, Mike and Laurel Lot 4 Lawrence Dubuque 10-26-227-026 $ 825.8 $ 304.19 $ 679.94 $ 1,809.92 Westhoff, Carol Lawrence Dubuque W. 2/3 Lot 3, E. 1/3 Lot 3 Sub. 6 10-26-227-022 $ 371.41 $ 371.41 Thill, Jon J. & Vickie L. Lot 2 Lawrence Dubuque 10-26-227-021 $ 150.26 $ 150.26 Herzog, John B Lot 1 Lawrence Dubuque, a strip in front of Lot 1 to street (50 x 30) to a point at Lot 2 10- 26-227-020 $ 106.35 $ 106.35 Seaton, James T. Lot 1-31 Mt. Pleasant Addition 10-26-227-019 $ 77.95 $ 77.95 Becker, Margaret S. 134.30' Lot 2-5 Riley's Sub. 10-26-227-023 $ 1,139.81 $ 304.19 $ 582.8 $ 2,026.80 Mootz, Wayne & Michael Lot 1 Riley's Sub. (Except N. 14') 10-26-227-013 $ 1,922.10 $ 519.26 $ 582.8 $ 3,024.17 Wand, Christopher Und. 1/2 of Lot 2 Riley's Sub. 10-26-227-028 $ 235.45 $ 235.45 $ 235.45 Dubuque County/City of Dubuque N. 14' of Lot 1 Riley's Sub. 10-26-227-010 $ 96.68 $ 96.68 Campbell, Dale & Karin Lot 2-2 & Lot 1-3 & Lot 1-4 Riley's Sub. 10-26-227-009 $ 107.56 $ 107.56 $ 107.56 Olds, Daniel & Phyllis E. Lot 3 Sub. 2 & 1-3 & 1-4 of Riley's Sub. 10-26-227-014 $ 82.18 $ 82.18 Olds, Daniel & Phyllis E. Lot 1-5 & N 14' Lot 2-5 of Riley's Sub. 10-26-227-015 12.14 36.40$ $ 48.54 $ 12.14 Suchanek, Collette Sub. Of 2 & 1 of Riley's Sub., Lot 1 Und. 1/2 Int. 10-26-227-007 $ 67.27 $ 67.27 Suchanek, Collette Sub. Of 2 & 1 of 3 & 1 Riley's Sub. 10-26-227-008 $ 45.72 $ 45.72 McGrath, Daniel J. & Connie A. Lot 3-31 Mt. Pleasant Add. & Lot 1 Riley's Sub. 10-26-227-006 $ 194.57 $ 194.57 McClain, James & Diane Lot 2-1-15 Kelly Sub 10-25-130-005 $ 760.47 $ 760.47 Story, David & Mary N. 100' Lot 14 Kelly's Sub. 10-25-130-027 $ 826.13 $ 826.13 City of Dubuque Lots 38, 39 & 40 & E. 21' of Lot 41 Farley's 10-25-126-002 $ 5,300.00 $ - Ransdell, Mark E. S. Bal. Of Lot 37 Farley's Sub. 10-25-126-003 $ 703.52 $ 703.52 Reising, John & Brenda Lot 2-1-1-11 Kelly's Sub. 10-25-129-020 $ Marinko, Edward & Carol Lot 2-8 Kelly's Sub. 10-25-129-012 $ 1,265.00 $ 1,265.00 Marinko, Edward & Carol Lot 7 Kelly's Sub. 10-25-129-011 $ 1,185.93 $ 1,185.93 Lynch, Kelly Ann W. 30' of Lot 6 of City Lot 738 10-25-104-018 $ - Henkel, Richard A. & Judith A. Lot 4 Kelly's Sub. 10-25-129-008 $ 1,202.68 $ 1,202.68 Lynch, Kelly Ann Lot 7 of City Lot 738 10-25-104-017 $ 246.23 $ 246.23 Silver, Corinne (Henkel) Lot 3 Kelly's Sub. 10-25-129-007 $ 1,247.91 $ 1,247.91 B & W Properties W. 3' of Lot 8 & Lot 9 of City Lot 738 10-25-104-016 $ 232.83 $ 232.83 Gukeisen, Michael & Kathy Lot 2-1 Kelly's Sub. & Lot 2 Kelly's Sub. 10-25-129-006 $ 132,500.00 $ 1,265.00 $ 1,265.00 Voetberg, Dirk & Pamela Lot 10 of City Lot 738 10-25-104-015 $ 249.58 $ 249.58 Moffat, Virginia Lot 2-1 Collins Sub., Lot 1-1 Kelly's Sub. & Lot 2-7 Mobley's Sub. 10-25-129-005 $ 1,232.83 $ 1,232.83 Furrer, Gary J. W. 7.5' Lot 3-2-3 & Lot 4-2-3 & Lot 11 all in City Lot 738 10-25-104-014 $ 279.73 $ 279.73 S & S Investments Lot 1 Cains Sub. 10-25-104-009 $ 276.38 $ 276.38 Ebeling, Timothy & Swift, Susan M. Lot 1 McKay Place 10-25-103-005 $ 334.7 $ 334.7 Jaeger, John & Daniel Lot 2 Oxford Heights 10-25-109-008 $ 1,265.00 $ 1,265.00 Roeder, Corey & Penny Lot 3 & E. 5' of Lot 4 Oxford Heights 10-25-109-007 $ 1,194.98 $ 1,194.98 McWalter, William & Donna W. 45' Lot4 Oxford Heights 10-25-109-006 $ 1,194.98 $ 1,194.98 Munson, Carl E. & Lubben, Darda Lot 5 Oxford Heights 10-25-109-005 $ 1,211.73 $ 1,211.73 Swift, Thomas & Carol J. Lot 6 & E. 1/5 of Lot 7 Oxford Heights 10-25-109-004 $ 1,245.23 $ 1,245.23 Loras Sisters of Visitation 10-25-102-001 $ - 11 TOTALS: NET PAVING ASSESSMENT: $67,964.10 DEFICIENCY ASSESSMENT: $36.40 PUBLIC IMPROVEMENT ASSESSMENT: $68,000.50 WATER SERVUCE LATERAL ASSESSMENT: $33767.39 SANITARY SEWER LATER ASSESSMENT: $29,366.75 TOTAL NET ASSESSMENT: $135,095.24 TOTAL FINANCIAL ASSISTANCE: $3,389.57 TOTAL NET ASSESSMENT $127,708.67 Cline moved adoption of the Resolution. Seconded by Jones. Motion carried 7-0. Resolution of Support -Dubuque County Friends of Extension: RESOLUTION NO. 467-06 RESOLUTION OF SUPPORT WHEREAS, the City of Dubuque has been informed by the organization "Dubuque County Friends of Extension" that Public Measure D will be on the ballot for the November 7th election; and WHEREAS, The current tax funding for the Dubuque County Extension District has been frozen for twenty years and Public Measure D will increase the tax funding for the Dubuque County Extension District; and WHEREAS, the educational programs and resources of the Dubuque County Extension District are considered an asset to the youth and adults of the city of Dubuque and Dubuque county; and WHEREAS, the youth and citizens of Dubuque will receive increased benefits from the Dubuque County Extension District from the passage of Public Measure D; and WHEREAS, the successful passage of Public Measure D will cost the citizens of the community approximately 95 cents for a home valued at $150,000; and WHEREAS, Public Measure D will allow the Dubuque County Extension District to double its tax funding with this very small increase to the taxpayers; and WHEREAS, there has been evidence of widespread local support for the passage of Public Measure D. NOW, THERFORE, BE IT RESOLVED by the City Council of the City of Dubuque, that we support the passage of Public Measure D and urge the citizens of Dubuque to support its passage on November 7, 2006. Passed, approved and adopted the 2nd day of October, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Jones moved adoption of the Resolution. Seconded by Michalski. Motion carried 7-0. Community Economic Betterment Account Application (CEBA): City Manager recommending approval to submit a Community Economic Betterment Account (CEBA) program application to the Iowa Department of Economic Development on behalf of Cottingham and Butler, Inc., presented and read. Cline moved that the communication be received and filed. Seconded by Jones. Motion carried 7-0. RESOLUTION NO.468-06 A RESOLUTION AUTHORIZING THE FILING OF A COMMUNITY ECONOMIC BETTERMENT ACCOUNT (CEBA) APPLICATION ON BEHALF OF COTTINGHAM & BUTLER, INC. Whereas, Cottingham & Butler, Inc. has proposed the expansion of its operations in Dubuque, Iowa; and Whereas, the City Council of Dubuque, Iowa has considered said proposal and has determined that the proposed project will contribute to the local economy through the creation of 90 new jobs for area residents; and Whereas, the Iowa Department of Economic Development's Community Economic Betterment Account (CEBA) was designed to assist in the economic development efforts of local jurisdictions; and Whereas, the City of Dubuque, Iowa is eligible to apply for funding from the CEBA program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 12 Section 1. That the filing of an application for participation in the Community Economic Betterment Account program on behalf of Cottingham & Butler, Inc. is hereby approved. Section 2. That the local match of identified in the application as $600,000 of loans, a $20,000 grant and a 10 year TIF rebate for increased building valuation estimated at one million to the company is hereby approved, subject to the CEBA application approval. Section 3. That the Mayor is hereby authorized to execute and the City Manager is hereby directed to submit said application to the Iowa Department of Economic Development together with such documents as may be required. Passed, approved, and adopted this 2nd day of October 2006. Roy D. Buol, Mayor Attest: Jeanne Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Jones. Motion carried 7-0. Dubuque Screw Products, Inc.: City Manager recommending approval of the Assignment of Right to Purchase Property Under Development Agreement from Dubuque Screw Products, Inc. to Michael R. Scherr, President of Dubuque Screw Products, Inc., presented and read. Cline moved that the communication be received and filed and recommendation approved. Seconded by Jones. Motion carried 7-0. Request to Purchase Property: Communication from Joseph J. Bitter, representing Roger Kunde and North End Wrecking, Inc., requesting to purchase a portion of City-owned property located adjacent to North End Wrecking, 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. Communication from Jay and JoAnn Roussel requesting to purchase the City-owned alley on Lois Street, 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. National Incident Management System (NIMS): City Manager recommending approval of the City's compliancy with the National Incident Management System (NIMS), presented and read. Cline moved that the communication be received and filed. Seconded by Jones. Motion carried 7-0. RESOLUTION NO.469-06 ADOPTING A NATIONAL INCIDENT MANAGEMENT SYSTEM POLICY FOR THE CITY OF DUBUQUE WHEREAS, emergency response to critical incidents, whether natural or manmade, requires integrated management, and WHEREAS, unified command of such incidents is recognized as the management model to maximize the public safety response, and WHEREAS, the National Incident Management System, herein referred to as NIMS, has been identified by the federal government as being the requisite emergency management system for all political subdivisions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The NIMS concept of emergency planning and unified command is hereby adopted by the City of Dubuque as its system for preparing for and responding to emergencies. It is further ordered that all appropriate city officers and employees shall be trained in the use of NIMS. Passed, approved and adopted this 2nd day of October, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Jones. Motion carried 7-0. Rotary Club of Dubuque: Application of the Rotary Club of Dubuque to transfer their liquor license from the Grand Opera House at 135 West 8th Street to 1000 Jackson Street on October 14, 2006, presented 13 and read. Cline moved that the communication be received and filed and approved transfer. Seconded by Jones. Motion carried 7-0. Business License Refund: Request of Marsha Saunders, The Water Hole, for a refund of her 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. Improvement Contracts /Performance, Payment and Maintenance Bonds: Cedar Street and Dog Track Lift Station Improvements Project, presented and read. Cline moved that the communication be received and filed. Seconded by Jones. Motion carried 7-0. Signed Contracts: Postage Machine Lease Agreement; Weather Monitoring, Forecasting and Notification Service Contract; and 800 MHZ Radio Agreement, presented and read. Cline moved that the communication be received and filed. Seconded by Jones. Motion carried 7-0. Business Licenses: RESOLUTION NO.470-06 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 "C" BEER PERMIT Aldi Inc. Aldi # 30+(Sunday Sale) 2160 Holiday Dr 5-Point Mart Inc. 5-Point Mart+(Sunday Sale) 405 Rhomberg AV Molo Oil Co. Puff n Snuff+(Sunday Sale) 1101 Rhomberg AV Passed, approved and adopted this 2nd day of October, 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.471-06 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 Clarke College Clarke College+(1 Day Outdoor Sale) 1550 Clarke Dr SPECIAL CLASS "C" LIQUOR Carroll's Wine Company Grape Harbor+(Sunday Sale) 123 Main St CLASS "B" WINE Aldi Inc Aldi# 30 2160 Holiday Dr Passed, approved and adopted this 2nd day of October, 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 14 Vacating Petition -River Front Subdivision No. 3: City Manager recommending that a public hearing be set for October 16, 2006 to consider a request from Airgas North Central, Inc. (Airgas) to vacate a portion of Kerper Boulevard that abuts the existing Airgas facility at 2240 Kerper Boulevard, presented and read. Cline moved that the communication be received and filed. Seconded by Braig. Motion carried 7-0. RESOLUTION N0.472-06 RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN LOT 1A, BLOCK 6, RIVER FRONT SUBDIVISION NO. 3 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, Airgas North Central, Inc. (Airgas) has requested the vacating of a portion of Kerper Boulevard in Block 6 of River Front Subdivision No. 3; and Whereas, IIW Engineers & Surveyors, PC has prepared and submitted to the City Council a plat showing the vacated portion of Kerper Boulevard in Block 6 of River Front Subdivision No. 3; and Whereas, the City Council of the City of Dubuque, Iowa, has determined that this portion of Kerper Boulevard in Block 6 of River Front Subdivision No. 3 is no longer required for public use, except for the utility easements as noted on the plat thereof, and vacating and sale of said Lot 1A, Block 6, River Front Subdivision No. 3 in the City of Dubuque, Dubuque County, Iowa, should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to dispose of its interest and vacate a portion of Kerper Boulevard in Block 6 of River Front Subdivision No. 3 in the City of Dubuque, as shown on the Plat of Survey thereof. Section 2. That the conveyance of Lot 1A, Block 6, River Front Subdivision No. 3 in the City of Dubuque, Iowa, Dubuque County, Iowa, to Airgas North Central, Inc. be contingent upon the payment of $13,447.00, plus surveying, 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 be published as prescribed under Section 364.7 Code of Iowa, 1999 or amended. Passed, approved and adopted this 2nd day of October, 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 10/16/06 at a meeting to commence at 6:30 P.M. in the public library auditorium and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Braig. Motion carried 7-0. Crescent Community Health Center Parking Lot Construction Project: City Manager recommending initiation of the public bidding process for the Community Health Center Parking Lot Construction Project and setting a public hearing for November 6, 2006, presented and read. Cline moved that the communication be received and filed. Seconded by Braig. Motion carried 7-0. RESOLUTION N0.473-06 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 Crescent Community Health Center Parking Lot Project in the estimated amount of $103,227.16 are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, approved and adopted this 2nd day of October, 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. 474-06 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS 15 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 Crescent Community Health Center Parking Lot 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 16th day of October, 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, approved and adopted this 2nd day of October, 2006. Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Braig. Motion carried 7-0. Roy D. Buol, Mayor RESOLUTION NO. 475-06 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Crescent Community Health Center Parking Lot Project is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be 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. 10th 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 2nd day of October, 2006. Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Braig. Motion carried 7-0. Roy D. Buol, Mayor Villa Street Retaining Wall -Ornamental Railing Project: City Manager recommending initiation of the public bidding process for the Villa Street Retaining Wall -Ornamental Railing Project and setting a public hearing for November 6, 2006, presented and read. Cline moved that the communication be received and filed. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 476-06 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 Villa Street Retaining Wall -Ornamental Railing Project in the estimated amount of $145,200.00 are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 2nd day of October, 2006. Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Braig. Motion carried 7-0. RESOLUTION N0.477-06 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Roy D. Buol, Mayor 16 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 Villa Street Retaining Wall -Ornamental Railing 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 6th day of November, 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 2nd day of October, 2006. Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Braig. Motion carried 7-0. RESOLUTION NO.478-06 Roy D. Buol, Mayor ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Villa Street Retaining Wall -Ornamental Railing 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 26th 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 6th day of November, 2006. Passed, adopted and approved this 2nd day of October, 2006. Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Braig. Motion carried 7-0. Roy D. Buol, Mayor Eagle Point Bluff Scaling and Tree Removal Project: City Manager recommending initiation of the public bidding process for the Eagle Point Bluff Scaling and Tree Removal Project and setting a public hearing for November 6, 2006, presented and read. Cline moved that the communication be received and filed. Seconded by Braig. Motion carried 7-0. RESOLUTION N0.479-06 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 Eagle Point Bluff Scaling & Tree Removal Project in the estimated amount of $61,000.00 are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 2nd day of October, 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 N0.480-06 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS 17 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 fife in the office of the City Clerk for public inspection of the Eagle Point Bluff Scaling & Tree Removal 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 6th day of November, 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 2nd day of October, 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.481-06 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Eagle Point Bluff Scaling & Tree Removal 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 26th 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 6th day of November, 2006. Passed, adopted and approved this 2nd day of October, 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. US 20 (Devon Drive to Menards) Capacity Improvements Project: City Manager recommending initiation of the public bidding process for the US 20 (Devon Drive to Menards) Capacity Improvements Project and that a public hearing be set for November 6, 2006, presented and read. Cline moved that the communication be received and filed. Seconded by Braig. Motion carried 7-0. RESOLUTION NO.482-06 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the US 20 (Devon Drive to Menards) Capacity Improvements Project -Phase I, Traffic Signal and Intelligent Transportation System Improvements (STP-A-020-9(18622-31) in the estimated amount of $190,035.89 are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 2nd day of October, 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. 483-06 18 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection of the US 20 (Devon Drive to Menards) Capacity Improvements Project -Phase I, Traffic Signal and Intelligent Transportation System Improvements (STP-A-020-9(186}-22-31 ). NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a public hearing will be held on the 6th day of November, 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 2nd day of October, 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.484-06 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the US 20 (Devon Drive to Menards) Capacity Improvement Project -Phase 1, Traffic Signal and Intelligent Transportation System Improvements (STAP-A-020-9(186)-22-31) 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 by the Iowa Department of Transportation by 10 a.m. Central Time on the 17th day of October, 2006. Bids shall be opened and read by the Iowa Department of Transportation at 10:30 a.m. Central Time on the 17th day of October, 2006, and will be submitted to the Council for final action at 6:30 p.m. on the 6th day of November, 2006. Passed, adopted and approved this 2nd day of October, 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. City Hall -First Floor Restroom Remodel Project: City Manager recommending initiation of the public bidding process for the City Hall -First Floor Restroom Remodel Project and setting a public hearing for November 6, 2006, presented and read. Cline moved that the communication be received and filed. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 485-06 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 City Hall-1st Floor Restroom Renovations in the estimated amount of $49,500, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, approved and adopted this 2nd day of October, 2006. Roy D. Buol, Mayor 19 Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Braig. Motion carried 7-0. RESOLUTION N0.486-06 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 City Hall-1st Floor Restroom Renovations. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 6th day of November, 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 2nd day of October, 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 N0.487-06 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the City Hall-1st Floor Restroom Renovations 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 2nd 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 6th day of November, 2006. Passed, approved and adopted this 2nd day of October, 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. Schmitt Memorial Concrete Project: City Manager recommending initiation of the public bidding process for the Schmitt Memorial Concrete Project and setting a public hearing for November 6, 2006, presented and read. Cline moved that the communication be received and filed. Seconded by Braig. Motion carried 7-0. RESOLUTION N0.488-06 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 Schmitt Memorial Concrete Project, in the estimated amount of $47,422, are hereby approved and ordered filed in the office of the City Clerk, for public inspection. Passed, approved and adopted this 2nd day of October, 2006. Attest: Jeanne F. Schneider, City Clerk Roy D. Buol, Mayor 20 Cline moved adoption of the Resolution. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 489-06 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 Schmitt Memorial Concrete Project. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, that on the 6th day of November, 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 2nd day of October, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 490-06 ORDERING BIDS BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Schmitt Memorial Concrete 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 19th 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 6th day of November, 2006. Passed, approved and adopted this 2nd day of October, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Braig. Motion carried 7-0. University Avenue Embankment Stabilization Project: City Manager recommending initiation of the public bidding process for the University Avenue Embankment Stabilization Project and setting a public hearing for November 6, 2006, presented and read. Cline moved that the communication be received and filed. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 491-06 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 University Avenue Embankment Stabilization Project (ER 2100 (636)--8R-31) in the estimated amount of $534,796.00 are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 2nd day of October, 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. 21 RESOLUTION N0.492-06 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 University Avenue Embankment Stabilization Project (ER 2100 (636)--8R-31). NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a public hearing will be held on the 6th day of November, 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 2nd day of October, 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.493-06 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the University Avenue Embankment Stabilization Project (ER 2100 (636)--8R-31) 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 by the Iowa Department of Transportation by 10 a.m. Central Time on the 17th day of October, 2006. Bids shall be opened and read by the Iowa Department of Transportation at 10:30 a.m. Central Time on the 17th day of October, 2006, and will be submitted to the Council for final action at 6:30 p.m. on the 6th day of November, 2006. Passed, adopted and approved this 2nd day of October, 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. BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Boards/Commissions: Cable TV Teleprogramming Commission (Three 3-year terms through 6/30/09 -Term of Tigges and two vacancies) Applicant: Jennifer Tigges No one spoke. PUBLIC HEARINGS Michalski moved that the rules be suspended to allow anyone present to address the Council. Seconded by Jones. Motion carried 7-0. 22 Fiscal Year 2007 Budget Amendment: Proof of publication on notice of hearing to consider the first amendment to the Fiscal Year 2007 budget and City Manager recommending approval, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. Insert copy of Res. No. 494-06 here -Budget form etc. Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Eagle Point Park Roofing Projects: Proof of publication on notice of hearing on the adoption of the plans and specifications for the Eagle Point Park Roofing Projects and City Manager recommending award of the contract to Kluck Construction, Inc. in the amount of $41,170, presented and read. Cline moved that the proof and communication be received and filed. Seconded by Lynch. Motion carried 7-0. RESOLUTION N0.495-06 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS WHEREAS, on the 5th day of September, 2006, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Eagle Point Park Roofing Project. WHEREAS, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, approved and adopted this 2"d day of October, 2006. Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Lynch. Motion carried 7-0. Roy D. Buol, Mayor RESOLUTION NO. 496-06 AWARDING CONTRACT WHEREAS, sealed proposals have been submitted by contractors for the Eagle Point Park Roofing Project pursuant to Resolution No. 414-06, and notice to bidders published in a newspaper published in the City of Dubuque, Iowa, on the 8th day of September, 2006. WHEREAS, said sealed proposals were opened and read on the 21st day of September, 2006, and it has been determined that the bid of Kluck Construction, Inc. in the amount of $41,170 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 Kluck 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 2"d day of October, 2006. Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Lynch. Motion carried 7-0. Roy D. Buol, Mayor RESOLUTION NO. 497-06 APPROVING CONSTRUCTION CONTRACT WITH KLUCK CONSTRUCTION, INC. FOR THE EAGLE POINT PARK ROOFING PROJECT 23 Whereas, the City Council by Resolution No. 496-06 awarded the construction contract for the Eagle Point Park Roofing Project to Kluck Construction, Inc.; and Whereas Kluck 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 2"d day of October, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Lynch. Motion carried 7-0. Connors moved that the rules be reinstated limiting discussion to the Council. Seconded by Jones. Motion carried 7-0. ACTION ITEMS Council Chambers: City Manager requesting that the Mayor and two City Council Members serve on the committee that will deal with the specific design criteria for the Council Chambers in the Federal Building, presented and read. Cline moved that the communication be received and filed and approved request, naming Council Members Michalski and Cline as the Council representatives to this Committee. Seconded by Connors. Motion carried 7-0. Code of Ordinances Revisions: City Manager recommending approval of proposed changes to Chapter 31 -Licenses and Miscellaneous Regulations and Chapter 35 -Peddlers and Transient Merchants of the City of Dubuque Code of Ordinances, presented and read. Connors moved that the communication be received and filed and approved recommendation. Seconded by Jones. Motion carried 7-0. COUNCIL MEMBER'S REPORTS Michalski shared positive specifics of the recent Iowa League Meeting at Coralville. Buol stated the Panel of Mayors at the Energy Council was a good program. Next week Dubuque hosts the Iowa Association of Solid Waste Conference. At 7:22 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 Braig. Motion carried 7-0. At 8:43 P.M. Council reconvened Regular Session stating staff had been given proper direction. There being no further business, Michalski moved to adjourn. Seconded by Braig. Motion carried 7-0. The meeting adjourned at 8:44 P.M. /s/ Jeanne F. Schneider, CMC City Clerk 1t 10/11 24