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5 5 08 City Council Proceedings Official CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on May 5, 2008, in the Historic Federal Building. Present: Mayor Buol, City Council Members Braig, Connors, Jones, Lynch, Resnick, Voetberg, 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 City Council. Invocation was provided by Mayor Roy D. Buol. PROCLAMATIONS Letter Carrier Food Drive Day (May 10, 2008) was accepted by Steve Heins, 2194 South Way Drive; Leo McCarthy Day (May 15, 2008) was accepted by Nancy Van Milligen, Community Foundation of Greater Dubuque, 700 Locust Street; All the Way Home Day (May th 17, 2008) was accepted by Ann Carson, Radio Dubuque, 346 W. 8 Street; Nursing Home Week (May 11–17, 2008) was accepted by Barbara Barker, Luther Manor, 3131 Hillcrest Road; Mental Health Month (May, 2008) was accepted by Michelle Covey, Mental Health America, 3199 Fox Borough Ct.; Bike Safety Month (May, 2008) was accepted by Sherry Frye, Finley Hospital, 350 N. Grandview Avenue. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Voetberg. Motion carried 7-0. Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 3/25; City Council of 4/21; Historic Preservation Commission of 4/17; Investment Oversight Advisory Commission of 4/23; Mechanical Code Board of 4/23 Proofs of publication of City Council Proceedings of April 7 and 14, 2008 th Investment Oversight Advisory Commission 60 Quarterly Report Substance Abuse Services Center Third Quarterly Report Upon motion the documents were received and filed. Notice of Claims/Suits: IC&E Railroad for property damage; Tim Kelly for vehicle damage; Renee Manders for property damage. Upon motion the documents were received and filed and referred to the City Attorney. 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: Premier Linen and Dry Cleaning for personal injury; IC&E Railroad for property damage City Attorney recommending denial of the claim of Jessica Young for vehicle damage Upon motion the documents were received and filed and concurred. Fiscal Year 2009 Community Development Block Grant Program: City Manager recommending approval of the publication of a Notice of Intent to Request Release of Funds for Community Development Block Grant (CDBG) program activities. Upon motion the documents were received and filed and Resolution No. 138A-08 Authorizing publication of a notice of intent to request release of funds for certain Community Development Block Grant projects for Fiscal Year 2009 (Program Year 2008) was adopted. RESOLUTION NO.138A-08 A RESOLUTION AUTHORIZING PUBLICATION OF A NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS FOR CERTAIN COMMUNITY DEVELOPMENT BLOCK GRANT PROJECTS FOR FISCAL YEAR 2009 (PROGRAM YEAR 2008) Whereas, the City of Dubuque will enter into a Grant Agreement for the Fiscal Year commencing July 1, 2008, with the U.S. Department of Housing and Urban Development, providing for financial assistance to the City under Title I of the Housing and Community Development Act of 1974, as amended; 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 hereinafter listed projects to be financed with Community Development Block Grant funds; and Whereas, a notice of "Intent to Request Release of Funds" for said projects will be sent by regular mail to various tribal, federal, state and local public agencies; to the appropriate Regional Office of the Environmental Protection Agency, to the HUD Field Office 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 Notice of Intent to Request Release of Funds for the following identified projects and to make the Environmental Review Record for said projects available for public inspection and comment until 5:00 p.m. on May 19, 2008. Such notice shall be in the form of Exhibit "A" attached hereto and made a part hereof. Community Development Block Grant Annual Plan Projects Fiscal Year 2009 (Program Year 2008) Housing Programs: First Time Home Buyer Program; Homeowner Rehabilitation (Operation: Paintbrush; Operation Upkeep; Residential Rehabilitation Loan Program; Sewer Connection Loan); Housing Administration Services and Staff; Housing Code Enforcement; Housing Rehabilitation Services and Staff; Lead Paint Hazard Abatement Project; Purchase/Rehabilitation/ Resale; Rental Unit Rehabilitation (Emergency Code Enforcement Loan Program; Moderate Income Rental Rehab Loan Program; Accessibility Rehab; Single Room Occupancy Rehab); Economic Development Programs: Commercial/Industrial Building Rehab; Economic Development Financial Assistance Program; Economic Development Program Services and Staff Neighborhood and Community Development Programs: Accessible Curb Ramps; Child Care Resource and Referral; Community Partnership Program (cp2); Dubuque Dispute Resolution Center; Information and Referral Service; Leadership Training; Neighborhood Development Services and Staff; Neighborhood Infrastructure Improvements (Neighborhood Street Overlays; Neighborhood Sidewalk Program; Neighborhood Step/Wall Repair); Neighborhood Recreation Program; Neighborhood Support Grants; Senior Center; 2 Washington Tool Library; Zoning Inspection/ Enforcement Planning and Administration: CDBG Administration Services and Staff; Finance Services and Staff; City Planning Services; Planning Administration No funds will be committed prior to completion of a review for other related laws of 24 CFR 58.5, including Section 106, for site-specific projects that are currently unidentified. Section 2. That the environmental review record for each of the projects shall be placed on th file in the Office of the Housing and Community Development Department, 350 West 6 Street, Suite 312, Dubuque Iowa 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 seven (7) days after publication of appropriate notice a Request for Release of Funds to undertake the said projects. 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 Request for Release of Funds and Certification. th Passed, approved and adopted this 5 day of May 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk ConAgra Foods, Inc. – Assignment of Leases: City Manager recommending approval of the assignment of three leases by ConAgra Foods, Inc. to Freebird II, LLC. Upon motion the documents were received, filed, and approved. Dubuque Regional Humane Society: Communication from the City Manager to the Miccio Foundation in support of the Dubuque Humane Society’s grant application for veterinary equipment. Upon motion the documents were received and filed. Citizen Communications: Communication from Gerhardt Van Drie regarding present methods for disposal of sludge from sewage treatment plants. Communication from Steve Kluesner, Farley, Iowa, regarding garbage laying along the sides of Highway 20 and littering along Kerper Court. Communication from Laura Determan regarding the City’s ordinance on tattoo parlors. Upon motion the documents were received and filed and referred to the City Manager. State Historical Society of Iowa: Communication from the State Historical Society of Iowa advising that the Interstate Power Company Building located at 1000 Main Street has been accepted for nomination to the National Register of Historic Places by the State National Register Nominations Review Committee. Upon motion the document was received and filed. Iowa Department of Economic Development: Communication from the Iowa Department of 3 Economic Development advising that the amendment to Enterprise Zone 2 has been approved. Upon motion the document was received and filed. Every Child / Every Promise: Communication from Eric Dregne, Co-Chair Mississippi Valley Promise, thanking the City Council for their support of the Every Child / Every Promise initiative. Upon motion the document was received and filed. nd Purchase of Property – 506 East 22 Street: City Manager recommending approval of the nd purchase of property located at 506 East 22 Street as part of the Bee Branch Creek Restoration Project. Upon motion the documents were received and filed and Resolution No. nd 139-08 Approving the acquisition of real estate located at 506 East 22 Street in the City of Dubuque was adopted. RESOLUTION NO. 139-08 A RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE LOCATED AT 506 E 22nd 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 storm water 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 thirty 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 Southerly 24 feet of the Northerly 48 feet of the Westerly half of Lot 1 in “L. Kniest’s Subdivision of part of Mineral Lot No. 314” in the City of Dubuque, Iowa. At the cost of Fifty-six thousand dollars ($56,000). 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. th Passed, approved and adopted this 5 day of May, 2008. Roy D. Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk Purchase of Property – 2312 Washington Street: City Manager recommending approval of the purchase of property located at 2312 Washington Street as part of the Bee Branch Creek Restoration Project. Upon motion the documents were received and filed and Resolution No. 140-08 Approving the acquisition of real estate located at 2312 Washington Street in the City of Dubuque was adopted. RESOLUTION NO. 140-08 A RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE LOCATED AT 2312 WASHINGTON STREET, IN THE CITY OF DUBUQUE 4 WHEREAS, the City of Dubuque intends to acquire certain properties located in the area of the Bee Branch Creek Restoration Project for storm water 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 thirty sixth 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: Lot 1 of the Northerly 30 feet of Lot 104 in L.H. Langworthy’s Addition in the City of Dubuque, Iowa, according to the recorded plat thereof, At the cost of Fifty-seven thousand dollars ($57,000). 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. th Passed, approved and adopted this 5 day of May, 2008. Roy D. Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk Purchase of Property – 2014 Kniest Street: City Manager recommending approval of the purchase of property located at 2014 Kniest Street as part of the Bee Branch Creek Restoration Project. Upon motion the documents were received and filed and Resolution No. 141-08 Approving the acquisition of real estate located at 2014 Kniest Street in the City of Dubuque was adopted. RESOLUTION NO. 141-08 A RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE LOCATED AT 2014 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 storm water 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 thirty 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 Southeasterly 35 feet of Lot 2 of the Subdivision of Lot 4 in L. Kniest's Subdivision of part of Mineral Lot 314 in the City of Dubuque, Iowa, according to the recorded plat thereof. At the cost of Sixty-eight thousand dollars ($68,000). 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 5 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. th Passed, approved and adopted this 5 day of May, 2008. Roy D. Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk Purchase of Property – 510, 510½, 512 Rhomberg Avenue: City Manager recommending approval of the purchase of property located at 510, 510½, and 512 Rhomberg Avenue as part of the Bee Branch Creek Restoration Project. Upon motion the documents were received and filed and Resolution No. 142-08 Approving the acquisition of real estate located at 510, 510½, and 512 Rhomberg Avenue in the City of Dubuque was adopted. RESOLUTION NO. 142-08 A RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE LOCATED AT 510, 510 ½, 512 RHOMBERG AVENUE, 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 thirty ninth 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: Lot 1 of the Northerly 30 feet of Lot 104 in L.H. Langworthy’s Addition in the City of Dubuque, Iowa, according to the recorded plat thereof. At the cost of Eighty-five thousand dollars ($85,000). 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. th Passed, approved and adopted this 5 day of May, 2008. Roy D. Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk Millworking Historic District: Communication from the Historic Preservation Commission recommending approval of the nomination of the Dubuque Millworking Historic District to the National Register of Historic Places. Upon motion the document was received, filed, and approved. Four Mounds Foundation – Historic Resource Development Program (HRDP): City Manager recommending approval of the State Historical Society of Iowa Historic Development Program (HRDP) grant application for the Four Mounds Foundation for interior restoration and 6 rehabilitation of the White House. Upon motion the documents were received and filed and Resolution No. 143-08 Approving Historic Resource Development Program (HRDP) Grant Application by Four Mounds Foundation was adopted. RESOLUTION NO. 143-08 APPROVING HRDP GRANT APPLICATION BY FOUR MOUNDS FOUNDATION. Whereas, the State Historical Society of Iowa has Historic Resource Development Program (HRDP) grant funds available for the preservation and interpretation of Iowa’s historic and cultural resources; and Whereas, the City of Dubuque has adopted a Comprehensive Plan with goals and objectives for the preservation and interpretation of the community’s historic and cultural resources; and Whereas, the Four Mounds Estate is owned by the City of Dubuque; and Whereas, the City of Dubuque supports the HRDP grant application by the Four Mounds Foundation. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Manager is authorized to sign and submit this application to the State Historical Society of Iowa for HRDP Grant Funds by the Four Mounds Foundation. Section 2. That the City of Dubuque agrees to abide by all local, state and federal requirements applicable to the proposed budget. th Passed, approved and adopted this 5 day of May 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Health Choices Administrative Services Fee: City Manager recommending approval of the administrative fee presented by Health Choices for the City’s health insurance plan for the period July 1, 2008 through June 30, 2010. Upon motion the documents were received, filed, and approved. Fifth Street Reconstruction Project – Alpine Street to Hill Street: City Manager recommending acceptance of the Fifth Street Reconstruction Project – Alpine Street to Hill Street as completed by Horsfield Construction in the final contract amount of $719,093.93 and the establishment of the final schedule of assessments. Upon motion the documents were received and filed and Resolution No. 144-08 Accepting the Fifth Street Reconstruction Project – Alpine Street to Hill Street and authorizing payment of the contract amount to the contractor and Resolution No. 145-08 Adopting the final assessment schedule for the Fifth Street Reconstruction Project – Alpine Street to Hill Street were adopted. RESOLUTION NO. 144-08 th ACCEPTING THE 5 STREET RECONSTRUCTION PROJECT – ALPINE STREET TO HILL STREET AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR th Whereas, the Public Improvement Contract for the 5 Street Reconstruction Project – Alpine Street to Hill Street (the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 7 DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the FY2008 Street Construction Program, Watermain Replacement Program, Street Program Related th Sanitary Sewer Improvements, W. 5 Street (Alta Vista to Hill) Storm Sewer Improvements and Fiber Optic Conduit – Paving Projects appropriation for the contract amount of $719,093.93 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. th Passed, approved and adopted this 5 day of May, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk TH CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE 5 STREET RECONSTRUCTION PROJECT – ALPINE STREET TO HILL STREET The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has th inspected the 5 Street Reconstruction Project – Alpine Street to Hill Street, that the Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $810,285.23. st Dated this 1 day of May, 2008. Gus Psihoyos, City Engineer st Filed in the office of the City Clerk on the 1 day of May, 2008. Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 145-08 TH ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE 5 STREET RECONSTRUCTION PROJECT - ALPINE STREET TO HILL STREET NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: After full consideration, the Final Schedule of Assessments as shown on the attached th sheet(s), Page 1 to Page 2 inclusive, is hereby approved for the 5 Street Reconstruction Project – Alpine Street to Hill Street. There is hereby assessed and levied as a special tax against and upon each of the benefited properties, the respective sums indicated. 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 Final Schedule of Assessments, subject to the provisions of Iowa Code § 384.63. 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. The City Clerk be and is hereby directed to certify the Final Schedule of Assessments 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 Iowa Code § 362.3, the first publication of which shall be not more than fifteen days from the date of filing of the Final Schedule of Assessments. 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 in Iowa Code § 384.60. The assessments may be paid in full or in part without interest at the office of the City th Treasurer, City Hall, 50 W. 13 Street, Dubuque, Iowa, at any time within 30 days after the 8 date of the first notice of the Final Schedule of Assessments. Thereafter, unpaid assessments of $100.00 or more are payable in 10 annual installments at the County Treasurer’s Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa, and will draw annual interest at nine percent (9%) computed to 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. However, when the last day of September is a Saturday or Sunday, that amount shall be delinquent from the second business day of October. Delinquent installments will draw the same delinquent interest as ordinary taxes. Property owners may elect to pay any annual installments semi- annually in advance. th Passed, approved and adopted this 5 day of May, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk CITY OF DUBUQUE, IOWA 5th STREET RECONSTRUCTION PROJECT (ALPINE TO HILL) FINAL SCHEDULE OF VALUATION AND PROPOSED ASSESSMENTS APRIL 22, 2008 The following schedule is hereby determined to show each lot proposed to be assessed for the improvement shown 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. PROPERTY OWNER NAME, LOT DESCRIPTION, PARCEL, NUMBER, MAILING ADDRESS, STREET ADDRESS, VALUATION, WITH IMPROVEMENT, NET PAVING IMPROVEMENT COST, NET PAVING IMPROVEMENT DEFICIENCY, TOTAL PUBLIC IMPROVEMENT COST, WATER SERVICE PRIVATE LATERAL COST, SANITARY SEWER PRIVATE LATERAL COST, TOTAL NET ASSESSMENT Apgar, Griffith D. & Kimberly S., Lot 29 Deming & Horrs Sub, 10-25-176-018, 425 Hill Street, 425 Hill Street, $95,456.97, $556.97, $556.97, $556.97 B & W Properties LC, Lot 36 Wilsons Sub, 10-25-109-057, 965 Hiawatha Drive, 727 Roberts, $72,627.80, $27.80, $27.80, $27.80 Bartolotta, Andrew M., Lot 6 Deming & Horrs Sub, 10-25-176-003, 904 W. 5th Street, 904 W. 5th Street, $107,047.09, $1,478.94, $1,478.94, $1,189.92, $878.24, $3,547.09 Berry, Louis C. & Diane S., Lot 1 of E 182.4' of Lot 3 of Proctors Sub, 10-25-109-061, 695 Roberts, 695 Roberts, $73,791.90, $491.90, $491.90, $491.90 Burrows, Michelle & Donald J., Lot 9 P Langs Sub, 10-25-153-009, 990 W. 5th Street, 990 W. 5th Street, $95,296.07, $1,564.42, $1,564.42, $1,118.93, $912.72, $3,596.07 Burrows, Michelle & Donald J., Lot 9A P Langs Sub, 10-25-153-009, 990 W. 5th Street, 990 W. 5th Street, w/ Lot 9 P Langs Sub, $48.21, $48.21, $48.21 Coakley, Patricia & Melissa S., Lot 1-2-7 Mineral Lot 79, 10-25-109-040, 550 Alta Vista, 550 Alta Vista, $88,662.39, $162.39, $162.39, $162.39 Coakley, Patricia & Melissa S., Lot 2-1-1-3-7 Mineral Lot 79, 10-25-109-040, 550 Alta Vista, 550 Alta Vista, w/ Lot 1-2-7 Mineral Lot 79, $46.73, $46.73, $46.73 Coakley, Patricia & Melissa S., Lot 2-1-3-7 Mineral Lot 79, 10-25-109-040, 550 Alta Vista, 550 Alta Vista, w/ Lot 1-2-7 Mineral Lot 79, $31.35, $31.35, $31.35 Cullen, Michelle A., Lot 1-1-7 Mineral Lot 79, 10-25-109-065, 955 W. 5th Street, 955 W. 5th Street, $97,401.17, $1,529.81, $1,529.81, $858.63, $912.72, $3,301.17 Cullen, Michelle A., Lot 2-1-1-1-3-7 Mineral Lot 79, 10-25-109-065, 955 W. 5th Street, 955 W. 5th Street, w/ Lot 1-1-7 Mineral Lot 79, $397.54, $397.54, $397.54 9 Dmt Investments Inc., Lot 1-2 Mineral Lot 78, 10-25-132-017, 3172 Arbor Oaks Dr, Vacant, $13,122.00, $1,122.00, $1,122.00, $1,122.00 Dmt Investments Inc., Lot 1 Mineral Lot 78, 10-25-132-018, 3172 Arbor Oaks Dr, Vacant, $13,679.35, $979.35, $979.35, $979.35 Dolter, John J. & Jane E., W 1/2 Lot 1 S 98' Lot 41 Wilsons Sub, 10-25-109-066, 3085 Vail Trail Court, 943 W. 5th Street, $83,415.12, $1,173.39, $1,173.39, $841.73, $2,015.12 Dubuque County, W. 3.83' Lot 3 Proctors Sub, 10-25-109-060, Dubuque County Courthouse, Vacant, $4.44, $4.44, $4.44, $4.44 Dubuque Property Management LLC, Lot 1-2-1-1-16 Mineral Lot 79, 10-25-108-018, 1766 Central, 1029 W. 5th Street, $83,057.44, $1,173.69, $1,173.69, $953.28, $930.47, $3,057.44 Dubuque Property Management LLC, Lot 2-1-15 Mineral Lot 79, 10-25-108-018, 1766 Central, 1029 W. 5th Street, w/ Lot 1-2-1-1-16 Mineral Lot 79, $181.32, $181.32, $181.32 Duehr, Robert J., Lot 21 Deming & Horrs Sub, 10-25-176-014, 390 Winona Street, 390 Winona Street, $109,573.65, $73.65, $73.65, $73.65 Dueutmeyer, Dirk D. & Rhonda S., Lot 15 Wilsons Sub, 10-25-132-015, 20533 Pilot Grove Road, 580 Wilson Street, $92,547.48, $647.48, $647.48, $647.48 Edminster, Mark S. & Jennifer C., Lot 22 Deming & Horrs Sub, 10-25-176-013, 3085 Castle Woods Lane, 420 Winona Street, $111,136.65, $136.65, $136.65, $136.65 Gilson, Robert N., Jr. & Szabo, Maria, Lot 2-3-7 Mineral Lot 79, 10-25-109-064, 971 W. 5th Street, 971 W. 5th Street, $95,433.90, $414.69, $414.69, $1,019.20, $1,433.90 Gross, Gavin J. & Shannon R., Lot 21 Wilsons Sub, 10-25-131-010, 667 W Locust, 671 Wilson Street, $65,307.64, $207.64, $207.64, $207.64 Hackbarth, Waylen D., Lot 9 Deming & Horrs Sub, 10-25-154-003, 626 Alta Vista, 934 W. 5th Street, $94,578.94, $1,478.94, $1,478.94, $1,478.94 Heartland Housing Initiative, Lot 8 Deming & Horrs Sub, 10-25-176-001, 90 Main Street, 920 W. 5th Street, $136,895.87, $1,478.94, $1,478.94, $616.93, $2,095.87 Henry, Brenda R., Lot 19 Wilsons Sub, 10-25-131-013, 895 W. 5th Street, 895 W. 5th Street, $69,911.48, $1,511.48, $1,511.48, $1,511.48 Henry, Ralph F. Sr., Lot 16 Wilsons Sub, 10-25-132-016, 895 W. 5th Street, 502 Wilson Street, $65,112.44, $579.15, $579.15, $1,033.29, $1,612.44 Henry, Ralph F. Sr., Lot 2-2 Mineral Lot 78, 10-25-132-016, 895 W. 5th Street, 502 Wilson Street, w/ Lot 16 Wilsons Sub, $598.67, $598.67, $598.67 McDonough, Mark P & Deborah A, Lot 4 Deming & Horrs Sub, 10-25-176-005, 10946 Mockingbird Dr, 866 W. 5th Street, $110,578.94, $1,478.94, $1,478.94, $1,478.94 Hiatt, Rachel, Lot 1-2-1-1 Sub. 9, 10 & 11 Mineral Lot 79, 10-25-108-022, 999 W. 5th Street, 999 W. 5th Street, $79,253.21, $1,192.03, $1,192.03, $1,161.18, $2,353.21 Horkheimer, Paul D. & John J., Lot 1-38 Wilsons Sub, 10-25-109-059, 707 Roberts, 707 Roberts, $73,028.05, $228.05, $228.05, $228.05 Jackson, Louis E. & Nancy, Lot 1-17 Mineral Lot 79, 10-25-108-016, 214 West 1st St. Apt. B, 1041 W. 5th Street, $100,845.06, $1,109.20, $1,109.20, $858.63, $877.22, $2,845.06 Jensen, Thomas & Kimberly, Lot 27 Deming & Horrs Sub, 10-25-176-020, 405 Hill Street, 405 Hill Street, $132,279.25, $179.25, $179.25, $179.25 Joos, Craig, Lot 2 of E 182.4' of Lot 3 of Proctors Sub, 10-25-109-062, 671 Roberts, 671 Roberts, $68,579.84, $179.84, $179.84, $179.84 Dubuque Property Management LLC, Lot 2 - 10 Deming & Horrs Sub, 10-25-154-001, 1766 Central, 954 W. 5th Street, $65,767.75, $632.69, $632.69, $2,166.86, $668.20, $3,467.75 Dubuque Property Management LLC, Lot 1 - 10 Deming & Horrs Sub, 10-25-154-002, 1766 Central, 952 W. 5th Street, $63,146.25, $846.25, $846.25, $846.25 Kamentz, Shirley A. & Winkler, William D., Lot 1-1-1-1-3-7 Mineral Lot 79, 10-25-109-041, 10 500 Alta Vista, 500 Alta Vista, $109,370.92, $370.92, $370.92, $370.92 Kamentz, Shirley A. & Winkler, William D., Lot 2-1-7 Mineral Lot 79, 10-25-109-041, 500 Alta Vista, 500 Alta Vista, w/ Lot 1-1-1-1-3-7 Mineral Lot 79, $220.36, $220.36, $220.36 Kamentz, Shirley A. & Winkler, William D., Lot 2-2-7 Mineral Lot 79, 10-25-109-041, 500 Alta Vista, 500 Alta Vista, w/ Lot 1-1-1-1-3-7 Mineral Lot 79, $27.51, $27.51, $27.51 Kean, Nicholas C. & Ann M., Lot 7 Deming & Horrs Sub, 10-25-176-002, 2918 Arabian Trail, 910 W. 5th Street, $91,195.95, $1,478.94, $1,478.94, $1,166.25, $1,050.75, $3,695.95 Kirpes, Robert C. & Alice J., Lot 13 Deming & Horrs Sub, 10-25-154-006, 419 Winona Street, 419 Winona Street, $118,121.86, $121.86, $121.86, $121.86 Kirpes, Robert C. & Alice J., N 9' of Lot 14 Deming & Horrs Sub, 10-25-154-006, 419 Winona Street, 419 Winona Street, w/ Lot 13 Deming & Horrs Sub, $18.63, $18.63, $18.63 Kluesner, Stephen D., Lot 5 Deming & Horrs Sub, 10-25-176-004, 886 W. 5th Street, 886 W. 5th Street, $121,119.40, $1,478.94, $1,478.94, $2,332.51, $1,507.96, $5,319.40 Knefel, Don & Mary, S 40' Lot 24 Wilsons Sub, 10-25-131-007, 705 Wilson Street, 705 Wilson Street, $135,406.21, $6.21, $6.21, $6.21 Koppes, Dennis J. & Brenda A., E 1/2 Lot 1 S 98' Lot 41 Wilsons Sub, 10-25-109-067, 17887 - 21st Avenue, 935 W. 5th Street, $123,915.12, $1,173.39, $1,173.39, $841.73, $2,015.12 Laird, Wayne L., Lot 37 Wilsons Sub, 10-25-109-058, 725 Roberts, 725 Roberts, $58,931.92, $131.92, $131.92, $131.92 Adolf, Stony L. & Nikki C., Lot 2 Sub 1 & 2-6-7 Mineral Lot 79, 10-25-108-024, 985 W. 5th Street, 985 W. 5th Street, $91,681.99, $847.43, $847.43, $1,134.56, $1,981.99 Adolf, Stony L. & Nikki C., Lot A Sub Mineral Lot 79, 10-25-108-024, 985 W. 5th Street, 985 W. 5th Street, w/ Lot 2 Sub 1 & 2-6-7 Mineral Lot 79, $510.23, $510.23, $510.23 Lynch, Gina L., Lot 12 Martins Dub, 10-25-108-002, 530 Alpine, 530 Alpine, $51,704.25, $804.25, $804.25, $804.25 Laird Properties Ltd., S 40' Lot 22 Wilsons Sub, 10-25-131-009, 3960 Cedar Heights Ct., 695 Wilson Street, $114,208.55, $108.55, $108.55, $108.55 Maro, Gerald F., Lot 1 Deming & Horrs Sub, 10-25-176-008, 10358 Timothy Street, 820 W. 5th Street, $149,910.79, $1,910.79, $1,910.79, $1,910.79 Mittvalsky, Edward Charles III & Christine, Lot 2-17 Wilsons Sub, 10-25-131-012, 863 W. 5th Street, Vacant, $1,622.14, $222.14, $222.14, $222.14 Mittvalsky, Edward Charles III & Christine, Lot 2-18 Wilsons Sub, 10-25-131-012, 863 W. 5th Street, Vacant, w/ Lot 2-17 Wilsons Sub, $224.21, $43.75, $224.21, $180.46 Mittvalsky, Edward Charles III & Christine, Lot 1-17 Wilsons Sub, 10-25-131-014, 863 W. 5th Street, 863 W. 5th Street, $136,433.12, $1,333.12, $1,333.12, $1,333.12 Mittvalsky, Edward Charles III & Christine, Lot 1-18 Wilsons Sub, 10-25-131-014, 863 W. 5th Street, 863 W. 5th Street, w/ Lot 1-17 Wilsons Sub, $1,242.60, $1,242.60, $1,242.60 Mootz, Wayne A. & Michael G., Lot 23 Wilsons Sub, 10-25-131-008, 1255 University, Apt. #1, 701 Wilson Street, $118,182.52, $82.52, $82.52, $82.52 Mootz, Wayne A. & Michael G., N 10' Lot 22 Wilsons Sub, 10-25-131-008, 1255 University, Apt. #1, 701 Wilson Street, w/ Lot 23 Wilsons Sub, $23.96, $23.96, $23.96 Morley, Robert E. & Cathy L., Lot 13 Wilsons Sub, 10-25-132-013, 650 Wilson Street, 650 Wilson Street, $103,230.74, $130.74, $130.74, $130.74 Busch, Andrew C & Demulder, Katina A., S 44' Lot 11 Wilsons Sub, 10-25-132-011, 692 Wilson Street, 692 Wilson Street, $100,419.82, $19.82, $19.82, $19.82 Busch, Andrew C & Demulder, Katina A., N 18' Lot 12 Wilsons Sub, 10-25-132-011, 692 Wilson Street, 692 Wilson Street, w/ S 44' Lot 11 Wilsons Sub, $26.92, $26.92, $26.92 Murphy, Elizabeth Living Trust, Lot 1-1-1 Sub. 9, 10 & 11 Mineral Lot 79, 10-25-108-023, 11 997 W. 5th Street, 997 W. 5th Street, $82,539.15, $1,038.22, $1,038.22, $905.96, $894.97, $2,839.15 Nauman, Gary, S 32' Lot 12 Wilsons Sub, 10-25-132-012, 674 Wilson Street, 674 Wilson Street, $97,068.92, $68.92, $68.92, $68.92 O'Connor, Dennis A. & Jerelyn N., Lot 8 P Langs Sub, 10-25-153-008, 996 W. 5th Street, 996 W. 5th Street, $120,677.14, $1,564.42, $1,564.42, $912.72, $2,477.14 O'Connor, Dennis A. & Jerelyn N., Lot 8A P Langs Sub, 10-25-153-008, 996 W. 5th Street, 996 W. 5th Street, w/ Lot 8 P Langs Sub, $48.21, $48.21, $48.21 Ortiz, Bryan D. & Kristine K., Lot 2-2-1-1 Sub. 9, 10 & 11 Mineral Lot 79, 10-25-108-021, 1003 W. 5th Street, 1003 W. 5th Street, $83,491.73, $1,242.90, $1,242.90, $929.62, $1,019.20, $3,191.73 Peterson, Sue E., Lot 3 Arnolds Sub, 10-25-108-015, 1047 W. 5th Street, 1047 W. 5th Street, $98,424.14, $1,680.67, $1,680.67, $953.28, $1,090.19, $3,724.14 Queck Capital Management LLC, Lot 1-1-1-16 Mineral Lot 79, 10-25-108-017, 11893 Deer Valley Trail, 1035 W. 5th Street, $63,434.03, $1,008.34, $1,008.34, $1,125.69, $2,134.03 Freedom Development Co. LLC, Lot 2 Arnolds Sub, 10-25-108-014, 9466 Royal Wood Dr., 1053 W. 5th Street, $103,824.76, $1,640.44, $1,640.44, $929.62, $1,054.70, $3,624.76 Ridings, Karen G., Lot 11 Deming & Horrs Sub, 10-25-154-004, 737 Brookview Sq., 461 Winona Street, $116,028.60, $428.60, $428.60, $428.60 Dekeyzer, Eric D & Sharon F., S 41' of Lot 14 Deming & Horrs Sub, 10-25-154-007, 385 Winona Street, 385 Winona Street, $150,249.99, $49.99, $49.99, $49.99 Sabers, Edwin A. & Rosemary, Lot 14 Mineral Lot 79, 10-25-108-019, 1023 W. 5th Street, 1023 W. 5th Street, $98,147.06, $955.69, $955.69, $976.95, $1,214.42, $3,147.06 Sabers, Edwin A. & Rosemary, Lot 1-1-15 Mineral Lot 79, 10-25-108-019, 1023 W. 5th Street, 1023 W. 5th Street, w/ Lot 14 Mineral Lot 79, $469.12, $469.12, $469.12 Sabers, Edwin A. & Rosemary, Lot 1-13 Mineral Lot 79, 10-25-108-019, 1023 W. 5th Street, 1023 W. 5th Street, w/ Lot 14 Mineral Lot 79, $366.48, $366.48, $366.48 Sabers, Edwin A. & Rosemary, Lot 2-2-1-1-16 Mineral Lot 79, 10-25-108-019, 1023 W. 5th Street, 1023 W. 5th Street, w/ Lot 14 Mineral Lot 79, $70.10, $70.10, $70.10 Schadle, Kevin & Nancy, W 1/2 Lot 7 P Langs Add, 10-25-153-006, 1010 W. 5th Street, 1010 W. 5th Street, $122,803.12, $1,564.42, $1,564.42, $1,237.24, $1,001.46, $3,803.12 Schadle, Kevin & Nancy, W 50' Lot 7A P Langs Add, 10-25-153-006, 1010 W. 5th Street, 1010 W. 5th Street, w/ W 1/2 Lot 7 P Langs Add, $48.21, $48.21, $48.21 Schiltz, Alfred J. & Carol L., Lot 14 Wilsons Sub, 10-25-132-014, 3026 North Liberty Road, 632 Wilson Street, $125,216.81, $216.81, $216.81, $216.81 Schneider, Donald J. & Katherine M., Lot 2 Deming & Horrs Sub, 10-25-176-007, P O Box 53, 836 W. 5th Street, $84,037.23, $1,478.94, $1,478.94, $858.29, $2,337.23 Seven Hills Development Inc., Lot 2 Proctors Sub, 10-25-109-069, 2955 St Anne Dr., 917 W. 5th Street, $101,949.50, $1,085.25, $1,085.25, $664.26, $1,749.50 Sitzmann, Thomas G. & David A., Lot 11 P Langs Sub, 10-25-153-011, 2613 University, Suite #1, 974 W. 5th Street, $56,959.10, $2,008.70, $2,008.70, $850.41, $2,859.10 Sitzmann, Thomas G. & David A., Lot 11A P Langs Sub, 10-25-153-011, 2613 University, Suite #1, 974 W. 5th Street, w/ Lot 11 P Langs Sub, $63.30, $63.30, $63.30 Smith, Craig M. & Amy N., Lot 12 Deming & Horrs Sub, 10-25-154-005, 2340 Samantha Drive, 439 Winona Street, $107,214.15, $214.15, $214.15, $214.15 Smith, Judith A., Lot 23 Deming & Horrs Sub, 10-25-176-012, 350 Winona Street, 440 Winona Street, $88,356.15, $256.15, $256.15, $256.15 Smith, Timothy P. & Amy, Lot 2 S 98' Lot 41 Wilsons Sub, 10-25-109-068, 1219 Arrowhead Dr., 925 W. 5th Street, $152,183.79, $1,437.23, $1,437.23, $811.31, $735.25, $2,983.79 12 Smith, Timothy P. & Amy, Lot 3 Deming & Horrs Sub, 10-25-176-006, 1219 Arrowhead Dr., 852 W. 5th Street, $100,041.79, $1,478.94, $1,478.94, $762.85, $2,241.79 Berry, Louis & Diane S., Private Alley 10' x 24' of Proctors Sub, 10-25-109-063, 695 Roberts, Private Alley, $3,683.96, $283.96, $283.96, $283.96 Steil, Martin E. & Shantel M., Lot 2 Sub. 9, 10 & 11 Mineral Lot 79, 10-25-108-020, 1011 W. 5th Street, 1011 W. 5th Street, $88,595.15, $2,840.45, $2,840.45, $1,054.70, $3,895.15 Steines, Robert M. & Donna L., Lot 10 P Langs Sub, 10-25-153-010, 984 W. 5th Street, 984 W. 5th Street, $106,367.63, $1,564.42, $1,564.42, $1,308.23, $894.97, $3,767.63 Steines, Robert M. & Donna L., Lot 10A P Langs Sub, 10-25-153-010, 984 W. 5th Street, 984 W. 5th Street, w/ Lot 10 P Langs Sub, $48.21, $48.21, $48.21 Steinhauser, Cynthia M. & Robert J., S 1/2 Lot 2-1-5 P Langs Add, 10-25-153-002, 450 Alpine, 450 Alpine, $176,408.78, $408.78, $408.78, $408.78 Hastings, Brandon L & Therese, Lot 20 Wilsons Sub, 10-25-131-011, 653 Wilson Street, 653 Wilson Street, $144,685.41, $385.41, $385.41, $385.41 Teply, David C. & Lynn R., Lot 28 Deming & Horrs Sub, 10-25-176-019, 14581 West Belken Lane, 409 Hill Street, $85,875.08, $275.08, $275.08, $275.08 Swenson, James L. & Smith, Kristin L., Lot 2-4 Mineral Lot 73, 10-25-176-021, 389 Hill Street, 389 Hill Street, $141,202.05, $102.05, $102.05, $102.05 Tuthill, Jason M. & Michelle M., Lot 2-1-1-5 P Langs Sub, 10-25-153-004, 1030 W. 5th Street, 1030 W. 5th Street, $168,747.62, $47.62, $47.62, $47.62 Tuthill, Jason M. & Michelle M., Lot 2 N 1/2 2-1-5 P Langs Sub, 10-25-153-004, 1030 W. 5th Street, 1030 W. 5th Street, w/ Lot 2-1-1-5 P Langs Sub, $8.87, $8.87, $8.87 Tuthill, Jason M. & Michelle M., W 1/2-N Lot 6 P Langs Sub, 10-25-153-004, 1030 W. 5th Street, 1030 W. 5th Street, w/ Lot 2-1-1-5 P Langs Sub, $2,398.25, $2,398.25, $486.78, $2,885.03 Vize, Richard J. & Glenda S., Lot 1-24 Deming & Horrs Sub, 10-25-176-009, 10655 Breiner Dr., 460 Winona Street, $96,241.93, $341.93, $341.93, $341.93 Vize, Richard J. & Glenda S., Lot 2-24 Deming & Horrs Sub, 10-25-176-010, 10655 Breiner Dr., Vacant, $930.44, $130.44, $130.44, $130.44 Vize, Richard J. & Glenda S., Lot 3-24 Deming & Horrs Sub, 10-25-176-011, 10655 Breiner Dr., Vacant, $11,273.36, $73.36, $73.36, $73.36 Wahlert, Mark D., Lot 1-1-1-5 P Langs Sub., 10-25-153-001, 490 Alpine, 490 Alpine, $242,709.26, $4,049.34, $4,049.34, $959.93, $5,009.26 Wahlert, Mark D., Lot 1 of N 1/2 of 2-1-5 P Langs Sub., 10-25-153-001, 490 Alpine, 490 Alpine, w/ Lot 1-1-1-5 P Langs Sub., $701.90, $701.90, $701.90 Walters, Melinda J., Lot 1 Proctors Sub, 10-25-109-070, 909 W. 5th Street, 909 W. 5th Street, $100,778.35, $1,483.38, $1,483.38, $894.97, $2,378.35 Welch, John T. & Kim M., Lot 13 Martins Dub, 10-25-108-003, 510 Alpine, 510 Alpine, $70,105.60, $105.60, $105.60, $105.60 Whalen, Michael J. & Karen A., E 1/2 - N 1/2 Lot 6 P Langs Sub, 10-25-153-005, 1018 W. 5th Street, 1018 W. 5th Street, $128,457.25, $2,398.25, $2,398.25, $359.00, $2,757.25 Reyna, Chris & Denise, E 1/2 Lot 7 P Langs Add, 10-25-153-007, 1004 W. 5th Street, 1004 W. 5th Street, $85,112.68, $1,564.42, $1,564.42, $1,095.26, $752.99, $3,412.68 Reyna, Chris & Denise, E 50' Lot 7A P Langs Add, 10-25-153-007, 1004 W. 5th Street, 1004 W. 5th Street, w/ E 1/2 Lot 7 P Langs Add, $48.21, $48.21, $48.21 Smith, Ronald L & Janice M, LOT 1-1 SUB 1-3 OF MIN. LOT 76 & 2-77, 10-25-177-019, 1640 Justin Lane, 491 Burch, $115,660.30, $2,160.30, $2,160.30 $76,203.91, $43.75, $76,203.91, $21,952.79, $31,974.67, $130,087.62 TOTALS: 13 2007 Sidewalk Assessment Program: City Manager recommending approval of the levy of special assessments for the 2007 Sidewalk Inspection Program. Upon motion the documents were received and filed and Resolution No. 146-08 Adopting the final assessment schedule for the 2007 Sidewalk Assessment Program was adopted. RESOLUTION NO. 146-08 ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE 2007 SIDEWALK ASSESSMENT PROGRAM NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: After full consideration, the Final Schedule of Assessments as shown on the attached sheet(s), Page 1 to Page 1 inclusive is hereby approved for the 2007 Sidewalk Assessment Program. There is hereby assessed and levied as a special tax against and upon each of the benefited properties, the respective sums indicated. 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 Final Schedule of Assessments, subject to the provisions of Iowa Code § 384.63. 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. The City Clerk be and is hereby directed to certify the Final Schedule of Assessments 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 Iowa Code § 362.3, the first publication of which shall be not more than fifteen days from the date of filing of the Final Schedule of Assessments. 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 in Iowa Code § 384.60. The assessments may be paid in full or in part without interest at the office of the City th Treasurer, City Hall, 50 W. 13 Street, Dubuque, Iowa, at any time within 30 days after the date of the first notice of the Final Schedule of Assessments. Thereafter, unpaid assessments of $100.00 or more are payable in 10 annual installments at the County Treasurer’s Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa, and will draw annual interest at nine percent (9%) computed to 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. However, when the last day of September is a Saturday or Sunday, that amount shall be delinquent from the second business day of October. Delinquent installments will draw the same delinquent interest as ordinary taxes. Property owners may elect to pay any annual installments semi- annually in advance. th Passed, approved and adopted this 5 day of May, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk CITY OF DUBUQUE, IOWA 2007 SIDEWALK ASSESSMENT PROJECT FINAL SCHEDULE OF VALUATION AND PROPOSED ASSESSMENTS DATE: APRIL 10, 2008 The following schedule is hereby determined to show each lot proposed to be assessed for the improvement shown in the title together with the amount proposed to be assessed against 14 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. PROPERTY OWNER NAME, LOT DESCRIPTION, PARCEL, NUMBER, MAILING ADDRESS, STREET ADDRESS, VALUATION, WITH IMPROVEMENT, SIDEWALK ASSESSMENT Nathaniel P. & Meagen K. Blazejewski, LOT 13 BLK 3 SUNSET PARK #2, 10-21-253-001, 2172 St. John Drive, 2172 St. John Drive, $108,700.00, $1,511.02 Jodi & Thomas Johnson, LOT R 4 & 6 SUB. OF 3 & 4 STAFFORD ADD., 10-13-454-010, 2424 Windsor, 2424 Windsor, $69,600.00, $395.92 Michael J. Schuster, LOT 16 BLK 10 CLOVER HILLS SUB, 10-22-107-001, 2490 Martin Dr., 2490 Martin Dr., $103,200.00, $251.25 Serenity Ridge Agreement: City Manager recommending approval of an agreement between the City of Dubuque (City) and John Herrig (Developer) for the proposed intersection of Plaza Drive and Derby Grange Road. Upon motion the documents were received, filed, and approved. Hawthorne Street Railroad Crossing Agreement: City Manager recommending approval of the State of Iowa Federal-Aid Grade Crossing Safety Improvement Agreement between the Iowa Department of Transportation, the City of Dubuque, and the Iowa, Chicago, and Eastern Railroad (IC&E Railroad) for the construction and installation of safety improvements at the Hawthorne Street at-grade crossing. Upon motion the documents were received and filed and Resolution No. 147-08 Approving State of Iowa Federal-Aid Grade Crossing Safety Improvement Agreement between the Iowa Department of Transportation, the City of Dubuque, and the Iowa, Chicago, and Eastern Railroad (IC&E Railroad) for the construction of safety improvements at the Hawthorne Street crossing was adopted. RESOLUTION NO. 147-08 APPROVING STATE OF IOWA FEDERAL-AID GRADE CROSSING SAFETY IMPROVEMENT AGREEMENT BETWEEN STATE OF IOWA DEPARTMENT OF TRANSPORTATION, THE CITY OF DUBUQUE, IOWA AND THE IOWA, CHICAGO & EASTERN RAILROAD FOR THE CONSTRUCTION OF SAFETY IMPROVEMENTS AT THE HAWTHORNE STREET RAILROAD CROSSING Whereas, the Iowa Department of Transportation, the City of Dubuque, and the Iowa, Chicago & Eastern Railroad have agreed to enter into agreement for the construction and installation of safety improvements at the Hawthorne Street railroad crossing; and Whereas, the Iowa Department of Transportation has developed an Agreement (Project No.: RRP-RR01(130)--8A-00), outlining the terms and conditions between the Iowa Department of Transportation, the City of Dubuque, and the Iowa, Chicago & Eastern Railroad for the construction and installation of safety improvements at the Hawthorne Street railroad crossing is being granted; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1.That the State of Iowa Federal-Aid Grade Crossing Safety Improvement Agreement between the Iowa Department of Transportation, the City of Dubuque, and the Iowa, Chicago, and Eastern Railroad for the construction and installation of safety improvements at the Hawthorne Street at-grade railroad crossing is hereby approved. Section 2. That the Mayor be authorized and directed to execute three copies of said Agreement for the construction and installation of safety improvements at the Hawthorne 15 Street at-grade railroad crossing. Section 3. The City has Capital Improvement funds budgeted (CIP 3001252 - Warning Flashers - Hawthorne Railroad Crossing) to cover the matching cost share for said improvements. Section 4. The Iowa, Chicago, and Eastern Railroad shall pay the initial project costs and the Iowa Department of Transportation shall then reimburse the Iowa, Chicago, and Eastern Railroad for 90 percent of the total eligible costs, and the City of Dubuque shall reimburse at 10% of the local match costs.. Section 5. That a certified copy of the resolution be submitted to Iowa Department of Transportation and the Iowa, Chicago & Eastern Railroad by the City Clerk of the City of Dubuque. th Passed, adopted and approved this 5 day of May, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Chavenelle Court – RISE Application: City Manager recommending approval of a project agreement with the Iowa Department of Transportation for Revitalize Iowa’s Sound Economy (RISE) funding of street improvements for Chavenelle Court in Dubuque Industrial Center West. Upon motion the documents were received and filed and Resolution No. 148-08 Approving an agreement for RISE funding with the Iowa Department of Transportation relating to development of Chavenelle Court in the Dubuque Industrial Center West was adopted. RESOLUTION NO 148-08 RESOLUTION APPROVING AN AGREEMENT FOR RISE FUNDING WITH THE IOWA DEPARTMENT OF TRANSPORTATION RELATING TO DEVELOPMENT OF CHAVENELLE COURT IN THE DUBUQUE INDUSTRIAL CENTER WEST . Whereas, the City of Dubuque has developed plans for the construction of Chavenelle Court in the Dubuque Industrial Center West; and Whereas, the City has requested funding under the State of Iowa’s RISE (Revitalize Iowa’s Sound Economy) program; and Whereas, the City’s application was approved by order of the Transportation Commission on April 8, 2008; and Whereas, the Iowa Department of Transportation has prepared and submitted for City Council approval an Agreement relating to the RISE grant, a copy of which is attached hereto and by this reference made a part hereof; and Whereas, the City Council finds that the proposed agreement is acceptable and necessary to the growth and development of the city. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Iowa Department of Transportation Agreement for R.I.S.E. Funding, Agreement No. RM-2100 (640)-9D-31, is hereby approved. Section 2. That the Mayor and City Clerk are hereby authorized and directed to execute two copies of the Agreement on behalf of the City of Dubuque and forward the executed copies to the Iowa Department of Transportation for their approval. th Passed, approved and adopted this 5 day of May, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Sustainable Land Development International (SLDI): City Manager recommending approval 16 of an Enterprise Zone Program Agreement between the Iowa Department of Economic Development, the City of Dubuque and Sustainable Land Development International. Upon motion the documents were received and filed and Resolution No. 149-08 Approving an Enterprise Zone Program Agreement between the Iowa Department of Economic Development, the City of Dubuque and Sustainable Land Development International was adopted. RESOLUTION NO. 149-08 RESOLUTION APPROVING AN ENTERPRISE ZONE PROGRAM AGREEMENT BY AND AMONG THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT, THE CITY OF DUBUQUE AND SUSTAINABLE LAND DEVELOPMENT INTERNATIONAL. Whereas, the City of Dubuque has established two Enterprise Zones and an Enterprise Zone Commission; and Whereas, the Enterprise Zone Commission on January 4, 2008 approved the application of Sustainable Land Development International for Enterprise Zone benefits; and Whereas, Sustainable Land Development International application was approved by the Iowa Department of Economic Development on January 17, 2008; and Whereas, the Iowa Department of Economic Development has prepared and submitted for City Council approval an agreement relating to Enterprise Zone benefits for Sustainable Land Development International a copy of which is attached hereto and by this reference made a part hereof; and Whereas, the City Council finds that the proposed agreement is acceptable and necessary to the growth and development of the city. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Iowa Department of Economic Development Enterprise Zone Program Agreement, Number 08-EZ-023, is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute the Agreement on behalf of the City of Dubuque and forward the executed copy to the Iowa Department of Economic Development for their approval. th Passed, approved and adopted this 5 day of May, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Quarterly Investment Report: City Manager submitting the March 31, 2008 Quarterly Investment Report. Upon motion the documents were received and filed. Enterprise Zone Appointments: City Manager recommending confirmation of two appointments to the City’s Enterprise Zone Commission. Upon motion the documents were received, filed, and approved. Preference for Local Purchases of Goods and Services: City Manager communication to Jim Mulgrew, Mulgrew Oil Company, in response to his request to be exempted from the City’s preference for local purchases of goods and services. City Attorney’s opinion regarding preference for local purchases of goods and services. Communication from Public Works Director Don Vogt regarding purchases affected by the local preference requirement. Upon motion the documents were received and filed. 17 Water Pollution Control Plant Facility Planning: City Manager providing responses to questions raised at the April 14, 2008 City Council Work Session regarding the Water Pollution Control Plant Facility. Upon motion the documents were received and filed. West 32nd Street Detention Basin – State Revolving Funds: City Manager recommending approval of the State Environmental Information Document as a prerequisite for the use of nd State Revolving Loan Funds for the construction of the West 32 Street Detention Basin. Upon motion the documents were received, filed, and approved. Players Bar and Grill Liquor License: City Manager recommending approval of the annual liquor license for Players Bar and Grill located at 1902 Central Avenue for the renewal period of March 5, 2008 to March 4, 2009. Upon motion the documents were received and filed and Resolution No. 150-08 Granting the issuance of a Class “C” Beer/Liquor License to Players Bar and Grill was adopted. RESOLUTION NO. 150-08 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 L & L Investment Co. Players Sports Bar+(Sunday Sale) 1902 Central Avenue Passed, approved and adopted this 5th day of May, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Liquor License Applications: City Manager recommending approval of annual liquor license renewals as submitted. Upon motion the documents were received and filed and Resolution No. 151-08 Granting the issuance of a Class “B” Beer Permit (5-Day Special Event) to Project Concern and a Class “C” Beer Permit to Oky Doky #1 and Oky Doky #2 and Resolution No. 152-08 Granting the issuance of a Class “C” Beer/Liquor License to Buffalo Wild Wings Grill and Bar, Shot Tower Inn and Chance R; Special Class “C” Liquor License to Jorja Restaurant; Class “B” Wine Permit to Oky Doky #1 and Oky Doky #2; Class “WBN” Native Wine Permit to Flowers on Main; and a Class “WCN” Native Wine Permit to Stone Cliff Winery were adopted. RESOLUTION NO. 151-08 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. 18 CLASS “B” BEER PERMIT(5-DAY SPECIAL EVENT) Project Concern Inc Project Concern Eagle Point Riverfront Pavilion CLASS “C” BEER PERMIT TFM Co. Oky Doky # 1+(Sunday Sale) 250 W. 1 st Street TFM Co. Oky Doky # 2+(Sunday Sale) 51 W. 32 nd Street Passed, approved and adopted this 5th day of May, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 152-08 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 Blazin Wings, Inc. Buffalo Wild Wings Grill & Bar 2805 NW Arterial +(Sunday/Outdoor Sale) DBQ, Inc. Shot Tower Inn+(Sunday Sale) 390 Locust Street Mike Johnson Chance R (Outdoor Sale) 1046 Central Avenue SPECIAL CLASS “C” LIQUOR Jorja Restaurant Inc. Jorja Restaurant 3130 Central Avenue CLASS “B” WINE TFM Co. Oky Doky # 2 51 W. 32 nd Street TFM Co. Oky Doky # 1 250 W. 1 st Street CLASS “WBN” NATIVE WINE Rinda Wolff Flowers on Main 372 Main Street CLASS “WCN” NATIVE WINE Robert L. Smith Stone Cliff Winery+(Sunday/Outdoor Sale) 600 Star Brewery Passed, approved and adopted this 5th day of May, 2008 Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Progressive Packaging LLC: City Manger recommending approval of an amendment to the development agreement between the City of Dubuque and Progressive Packaging LLC to extend the closing date for an additional 14 days ending May 16, 2008. Upon motion the documents were received, filed, and approved. ITEMS TO BE SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, set the public hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Connors. Motion carried 7-0. Groveland Place Sanitary Sewer Reconstruction Project: City Manager recommending 19 initiation of the Groveland Place Sanitary Sewer Reconstruction Project and that a public hearing be set for May 19, 2008 to consider approval of the plans and specifications, form of contract and estimate of cost. Upon motion the documents were received and filed and Resolution No. 153-08 Approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost; and ordering the advertisement for bids for the Groveland Place Sanitary Sewer Reconstruction Project was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on May 19, 2008, in the Historic Federal Building. RESOLUTION NO. 153-08 GROVELAND SANITARY SEWER RECONSTRUCTION PROJECT PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the Groveland Sanitary Sewer Reconstruction Project, in the estimated amount $83,411.63, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. th A public hearing will be held on the 19 day of May, 2008, at 6:30 p.m. in the Historic Federal Building Council Chambers at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the 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 published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. The Groveland Sanitary Sewer Reconstruction Project is hereby ordered to be advertised for bids for construction. 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. The City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, by publishing the attached Notice to Bidders to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four but not more than forty-five days before the date for filing bids nd before 2:00 p.m. on the 22 day of May, 2008. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for final action at 6:30 p.m. on the nd 2 day of June, 2008, in the Historic Federal Building Council Chambers (second floor), 350 th West 6 Street, Dubuque, Iowa. th Passed, adopted and approved this 5 day of May, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Historic Designation – 2537 Windsor Avenue: Historic Preservation Commission recommending approval of the application of Cheryl Walser Kramer for Individual Historic Designation by Amending Chapter 25 (Historic Preservation) of the City of Dubuque Code of Ordinances by adding Section 25-6.14(3) Establishing an individually designated historic 20 property at 2537 Windsor Avenue and that a public hearing be set for July 7, 2008. Communication from Cheryl Walser Kramer regarding the application for Individually Designated Historic Property at 2537 Windsor Avenue. Upon motion the documents were received and filed setting a public hearing for a meeting to commence at 6:30 p.m. on July 7, 2008, in the Historic Federal Building. BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions; Human Rights Commission: One 3-year vacant term through January 1, 2010 (Term of Coan). Applicants: Jim Allan, 850 Hawkeye Drive; Char Eddy, 565 Sunset Ridge. Ms. Eddy spoke in support of her appointment. TV Cable Regulatory Commission: One 3-year vacant term through June 30, 2010 (Term of Pratt). Applicant: Andy Bellings, 2995 Fox Hollow Road. Mr. Bellings spoke in support of his appointment. Appointments to the following Boards/Commissions: Airport Zoning Commission: Two 6-year vacant, expired terms through January 3, 2014 (Terms of Gabber and Stiles). Volunteering Commissioner: Jeff Stiles, Vice Chairperson, Zoning Advisory Commission. Motion by Connors to appoint Jeff Stiles to the Airport Zoning Commission for a 6-year term expiring January 3, 2014. Seconded by Braig. Motion carried 7- 0. Electrical Code Board: Five 3-year expired terms through May 21, 2011 (Terms of Mueller, Dixon, Hammel, Reiss, Pfohl). Applicants: James Dixon, 2505 Marquette Place; and Dan Hammel, 3163 Hillcrest Road, #4. Motion by Connors to appoint both James Dixon and Dan Hammel to the Electrical Code Board for 3-year terms expiring May 21, 2011. Seconded by Jones. Motion carried 7-0. Library Board of Trustees (Mayor Appointment): Two 4-year vacant terms through June 1, 2011 (Terms of Lindsay and Avery). Applicants: Paula Connors, 818 So. Grandview Avenue; Elizabeth Leeper, 1576 Glen Oak Street; Thomas Stecher, 2117 Orchard Drive; and Mike Willis, 1298 Locust Street, #2. Upon Council concurrence, Mayor Buol appointed Paula Connors and Elizabeth Leeper to the Library Board of Trustees for 4-year terms expiring June 1, 2011. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone to address the City Council. Real Estate Contract with Dubuque Community School District; Proof of publication on notice of public hearing to consider approval of a real estate contract between the Dubuque Community School District and the City of Dubuque for the purchase of the Kephart Building and City Manager recommending approval. City Manager submitting information regarding the conversion of the Kephart Building to the Multicultural Family Center. City Manager submitting the English Language Learning Program Agreement with the Dubuque Community School District. Motion by Jones to receive and file the documents and adopt Resolution No. 154-08 Approving and authorizing execution of a real estate contract between the City of Dubuque and Dubuque Community School District, as seller, in the principal amount of $185,000. 21 Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 154-08 RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF A REAL ESTATE CONTRACT BETWEEN THE CITY OF DUBUQUE, AS BUYER, AND DUBUQUE COMMUNITY SCHOOL DISTRICT, AS SELLER, IN THE PRINCIPAL AMOUNT OF $185,000 WHEREAS, it is deemed necessary and advisable that the City of Dubuque, Iowa (the "City"), should provide for the authorization of a Real Estate Contract in the principal amount of $185,000 (the "Agreement"), between the City, as Buyer, and Dubuque Community School District, as Seller, as authorized by Sections 384.24A and 384.25, Code of Iowa, as amended, a copy of which is now before this Council and incorporated herein by this reference, for the purpose of acquiring the real property described therein from the Seller; and WHEREAS, the Agreement shall be payable from the General Fund of the City; and WHEREAS, before such an agreement may be authorized, it is necessary to comply with the provisions of the Code of Iowa, as amended, and to publish a notice of the proposal and of the time and place of the meeting at which the Council proposes to take action for the authorization of the agreement and to receive oral and/or written objections from any resident or property owner of the City to such action; and WHEREAS, by Resolution No. 126-08 adopted April 21, 2008, this Council set a public hearing on the proposal to enter into the Agreement for its meeting of May 5, 2008 at 6:30 P.M. in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, and due and proper notice of said public hearing was given, as provided by law, by publication in the Telegraph- Herald on April 25, 2008, which notice set forth the time and place for the hearing and the nature and purpose thereof; and WHEREAS, in accordance with said notice, all persons or organizations desiring to be heard on said proposed action, both for and against, have been given an opportunity to be heard with respect thereto and due consideration has been given to all comments and views expressed to this Council in connection therewith and said public hearing has been closed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Approval of Agreement. The form and content of the Agreement, the provisions of which are incorporated herein by reference, are in all respects authorized, approved and confirmed, and the Mayor and the City Clerk are authorized, empowered and directed to execute, attest, seal and deliver the Agreement for and on behalf of the City in substantially the form and content now before this meeting, but with such changes, modifications, additions or deletions therein as shall be approved by such officers upon the advice of the City Attorney, and from and after the execution and delivery of the Agreement, the Mayor and the City Clerk are authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Agreement as executed. th Passed And Approved this 5 day of May, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Request to Vacate – Liebe Street and Washington Street: Proof of publication on notice of public hearing to consider a request from Dubuque Stamp and Manufacturing to vacate and purchase a portion of Liebe Street and Washington Street and City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 155-08 22 Approving plat of proposed vacated portions of Liebe Street and Washington Street; Resolution No. 156-08 Vacating portions of Liebe Street and Washington Street; and Resolution No. 157- 08 Disposing of City interest in Lot C and Lot D of Liebe’s Subdivision No. 2 in the City of Dubuque, Dubuque County, Iowa. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 155-08 APPROVING PLAT OF PROPOSED VACATED PORTIONS OF LIEBE STREET AND WASHINGTON STREET Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat th dated the 28 day of March, 2008, prepared by IIW Engineers & Surveyors, PC describing the proposed vacated portions of Liebe Street and Washington Street to be known as Lot C and Lot D of Liebe’s Subdivision No. 2 in the City of Dubuque, Dubuque County, Iowa; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: th Section 1. That the plat dated the 28 day of March, 2008, prepared by IIW Engineers & Surveyors, PC relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining an existing sanitary sewer, as shown on the plat of Lot D of Liebe’s Subdivision No. 2 in the City of Dubuque, Dubuque County, Iowa. Section 3. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa. th Passed, approved and adopted this 5 day of May, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 156-08 VACATING PORTIONS OF LIEBE STREET AND WASHINGTON STREET Whereas, Dubuque Stamping & Manufacturing, Inc. has requested the vacating of portions of Liebe Street and Washington Street; and Whereas, IIW Engineers & Surveyors, PC has prepared and submitted to the City Council a plat showing the vacated portions of Liebe Street and Washington Street, including platted streets and alleys, and assigned lot numbers thereto, which hereinafter shall be known and described as Lot C and Lot D of Liebe’s Subdivision No. 2 in the City of Dubuque, Dubuque County, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that portions of Liebe Street and Washington Street, are no longer required for public use, and vacating of said portions of Liebe Street and Washington Street known as Lot C and Lot D of Liebe’s Subdivision in the City of Dubuque, Dubuque County, Iowa, should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lots C and Lot D of Liebe’s Subdivision No. 2 in the City of Dubuque, Dubuque County, Iowa, be and the same is hereby vacated. th Passed, approved and adopted this 5 day of May, 2008. Roy D. Buol, Mayor 23 Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 157-08 DISPOSING OF CITY INTEREST IN LOT C AND LOT D OF LIEBE’S SUBDIVISION NO. 2 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of th Dubuque, Iowa on this 25 day of April, 2008, the City Council of the City of Dubuque, Iowa th met on the 5 day of May, 2008, at 6:30 p.m. in the Historic Federal Building Council th Chambers (second floor), 350 West 6 Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as: Lot C and Lot D of Liebe’s Subdivision No. 2 in the City of Dubuque, Dubuque County, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposal to sell such real estate, except for easement as noted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the sale of City of Dubuque real property described as Lot C and Lot D of Liebe’s Subdivision No. 2 in the City of Dubuque, Dubuque County, Iowa, to C&K Realty be and the same is hereby approved for the sum of $24,401.00, plus the cost of platting, publication, and filing fees. Conveyance shall be by Quit Claim Deed. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining an existing sanitary sewer, as shown on the plat of Lot D of Liebe’s Subdivision No. 2 by the City of Dubuque, Iowa. Section 3. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to C&K Realty upon receipt of the purchase price in full. Section 4. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. th Passed, approved and adopted this 5 day of May, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Chavenelle Court Construction Project: Proof of publication on notice of public hearing to consider the plans and specifications, form of contract and estimated cost for the Chavenelle Court Construction Project and City Manager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 158-08 Approval of plans, specifications, form of contract, and estimated cost for the Dubuque Industrial Center West – Chavenelle Court Construction Project. Seconded by Voetberg. Motion carried 7-0. RESOLUTION NO. 158-08 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE DUBUQUE INDUSTRIAL CENTER WEST – CHAVENELLE COURT 2008 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 Dubuque Industrial Center West – Chavenelle Court 2008, in the estimated amount $851,938.53, are hereby approved. 24 th Passed, adopted and approved this 5 day of May, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Fiscal Year 2008 Budget Amendment: Proof of publication on notice of public hearing to consider the second amendment to the Fiscal Year 2008 Budget and City Manager recommending approval. Motion by Jones to receive and file the documents and adopt Resolution No. 159-08 Amending the current budget for the Fiscal Year ending June 2008. Seconded by Connors. Motion carried 7-0. 31-288 City Budget Amendment and Certification Resolution To the Auditor of Dubuque County, Iowa: The City Council of Dubuque in said County/Counties met on 05/05/2008, at the place and hour set in the notice, a copy of which accompanies this certificate and is certified as to publication. Upon taking 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 considered the statements made by the, 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. 159-08 A RESOLUTION AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 2008 (AS LAST AMENDED ON 10/01/07.) Be it resolved by the Council of the City of Dubuque Section 1. Following notice published 4/23/08 and the public hearing held, 05/05/2008 the current budget (as previously amended) is amended as set 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 18,006,072 0 18,006,072 Taxes Levied on Property 2 0 0 0 Less: Uncollected Property Taxes-Levy Year 3 18,006,072 0 18,006,072 Net Current Property Taxes 4 0 0 0 Delinquent Property Taxes 5 4,357,984 0 4,357,984 TIF Revenues 6 11,222,621 0 11,222,621 Other City Taxes 7 3,354,041 0 3,354,041 Licenses & Permits 8 17,862,548 0 17,862,548 Use of Money and Property 9 42,634,367 -5,611,656 37,022,711 Intergovernmental 10 24,228,348 0 24,228,348 Charges for Services 11 1,382,627 0 1,382,627 Special Assessments 12 8,638,659 4,877,636 13,516,295 Miscellaneous 13 57,276,623 40,638,277 97,914,900 Other Financing Sources 25 14 188,963,890 39,904,257 228,868,147 Total Revenues and Other Sources Expenditures & Other Financing Uses 15 21,347,953 195,242 21,543,195 Public Safety 16 11,352,393 2,125,452 13,477,845 Public Works 17 965,472 -3,500 961,972 Health and Social Services 18 8,502,032 0 8,502,032 Culture and Recreation 19 8,753,920 676,560 9,430,480 Community and Economic Development 20 6,023,426 25,127 6,048,553 General Government 21 3,107,249 0 3,107,249 Debt Service 22 64,079,957 3,493,173 67,573,130 Capital Projects 23 124,132,402 6,512,054 130,644,456 Total Government Activities Expenditures 24 59,438,357 -8,088,441 51,349,916 Business Type / Enterprises Total Gov Activities & Business 25 183,570,759 -1,576,387 181,994,372 Expenditures 26 40,540,931 23,612,876 64,153,807 Transfers Out 27 224,111,690 22,036,489 246,148,179 Total Expenditures/Transfers Out Excess Revenues & Other Sources Over 28 -35,147,800 17,867,768 -17,280,032 (Under) Expenditures/Transfers Out Fiscal Year 29 0 N/A 0 Continuing Appropriation 30 17,988,807 0 17,988,807 Beginning Fund Balance July 1 31 -17,158,993 17,867,768 708,775 Ending Fund Balance June 30 th Passed this 5 day of May, 2008 Roy D. Buol, Mayor Jeanne F. Schneider, City Clerk/Finance Director Upon motion the rules were reinstated limited discussion to the City Council. ACTION ITEMS Rush Street Reconstruction Project: Communication from Daniel and Mildred Boge requesting an exemption from having a sidewalk installed along their property at 333 Villa Street. Motion by Connors to receive and file the documents and refer to the City Manager. Seconded by Braig. Dan Boge, 333 Villa, was granted time to speak in support of the exemption request. Motion carried 7-0. 409 Burch Street – Eminent Domain Proceedings: City Attorney recommending that the resolution authorizing the commencement of eminent domain proceedings to acquire the property at 409 Burch Street be placed on the agenda for the May 19, 2008 City Council meeting and that the Notice of Intent to Approve Acquisition of Property by Eminent Domain be re-sent to the property owner. Motion by Lynch to receive and file the documents and approve. Seconded by Connors. Motion carried 7-0. Adult Entertainment Ordinance: City Manager recommending adoption of an ordinance amending the recently adopted Adult Entertainment ordinance to clarify and revise several sections of the ordinance. 26 Communication from Chad W. Thomas, Moyer & Bergman, P.L.C., representing The Adult Warehouse, regarding the adult entertainment licensure ordinance. Motion by Jones to receive and file the documents and 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 passed be suspended. Seconded by Voetberg. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 28-08 Amending City of Dubuque Code of Ordinances Chapter 31 Business Regulations, Article X, Section 31.143 Application; Section 31.145 Standards for Issuance or Denial of License; and Section 31.149 Regulations Applicable to all Adult Entertainment Establishments, to clarify and revise portions or the ordinance. Seconded by Voetberg. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 28-08 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES CHAPTER 31 BUSINESS REGULATIONS, ARTICLE X, SECTION 31.143 APPLICATION; SECTION 31.145 STANDARDS FOR ISSUANCE OR DENIAL OF LICENSE; AND SECTION 31.149 REGULATIONS APPLICABLE TO ALL ADULT ENTERTAINMENT ESTABLISHMENTS; TO CLARIFY AND REVISE PORTIONS OF THE ORDINANCE Whereas, the City Council has previously adopted Ordinance No. 25-08, providing for regulation and licensure of Adult Entertainment Establishments; and Whereas, the sections addressed below are potentially ambiguous and could result in interpretive conflicts; and Whereas, the City council desires to clarify and revise several elements of the regulations to avoid such problems. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The title of Article X is hereby amended to read as follows: Article X. Adult Entertainment Establishments. Section 2. Section 31.143(C)(8) of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 31.143 Application. . . . . C. Each application shall include the following information and documents: . . . . 8. An accurate dimensioned and scaled diagram showing the internal and external configuration of the Adult Entertainment Establishment, including all doors, windows, entrances, exits, the fixed structural internal features of the premises, plus interior rooms (identifying the use to which each room will be put), walls, partitions, stages, performance areas, and restrooms. The diagram shall also designate the precise location in the Adult Entertainment Establishment where the Adult Entertainment Establishment Business License will be posted. Each diagram shall be oriented to the north and some designated street or other structure, and shall be drawn to its designated scale or with marked dimensions to an accuracy of plus or minus six inches and sufficient to clearly show the various interior dimensions of all areas of the licensed premises. The requirements of this subsection shall not apply for renewal applications provided the applicant adopts a diagram that was previously submitted for the license sought to be renewed and provided the applicant certifies that the premises has not been altered since the immediately preceding issuance of the license and that the previous diagram continues to accurately depict the interior and exterior layout of the 27 premises. The approval or use of the diagram required by this chapter shall not be deemed to be, and shall not be considered or interpreted or construed to constitute approval pursuant to any other applicable City Codes, ordinances or regulations. . . . . Section 3. Section 31.145(A)(6) of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 31.145 Standards for Issuance or Denial of License. A. Issuance. The city manager shall issue or deny an Adult Entertainment Establishment Business License to an applicant in accordance with the following standards and based upon the reports, investigations and inspections and recommendations of the reviewing departments and on any other credible information on which it is reasonable for the city manager to rely: . . . . 6. A violation of city or state building, zoning, health or safety codes or regulation shall constitute grounds for denial of a license. . . . . Section 4. Sections 31.149(A) and 31.149(C) of the City of Dubuque Code of Ordinances are hereby amended to read as follows: 31.149 Regulations Applicable to all Adult Entertainment Establishments. A. General Compliance. All Adult Entertainment Establishments shall comply with the provisions of this chapter and shall not be in violation of other applicable city ordinances or federal, state and local laws. . . . . C. Restrooms. Separate male and female restrooms shall be provided for and used by Adult Entertainment Establishment Employees and Performers, and shall be separate from the restrooms provided for and used by Adult Entertainment Establishment Patrons. This requirement shall not apply to an Adult Entertainment Establishment that neither has live entertainment nor provides prepared food or allows beverages (including all alcoholic beverages) other than sealed non-alcoholic beverages intended for individual retail sales. . . . . Section 5. This Ordinance shall take effect upon publication. th Passed, approved and adopted the 5 day of May, 2008. /s/Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 9 day of May, 2008. /s/Jeanne F. Schneider, CMC, City Clerk Dubuque Regional Airport Terminal Relocation Project: City Attorney recommending approval of the commencement of eminent domain proceedings to acquire property for the Dubuque Regional Airport Terminal Relocation Project. Motion by Connors to receive and file the documents and adopt Resolution No. 160-08 Authorizing the commencement of eminent domain proceedings for the acquisition of certain real property owned by Ronald Bradley, Brian Bradley and Jeff Bradley at 10719 Merlin Lane in Dubuque County, Iowa for the Dubuque Regional Airport Terminal Relocation Project. Seconded by Voetberg. Douglas C. Pearce, 880 Locust Street, attorney for the Bradley family, requested this item be tabled for two to four weeks stating that there had been no good faith negotiations, no discussions at all, and no opportunity for the two sides to get together. Connors and Lynch expressed disbelief that there was no negotiation. Assistant City Attorney Tim O’Brien stated if the good faith process goes 28 on, the City wouldn’t do eminent domain proceedings; and there have been at least a dozen attempts to contact the Bradleys and their attorney. O’Brien noted that the eminent domain process does not start until the papers are filed in court. Motion carried 7-0. RESOLUTION NO. 160-08 AUTHORIZING THE COMMENCEMENT OF EMINENT DOMAIN PROCEEDINGS FOR THE ACQUISITION OF CERTAIN REAL PROPERTY OWNED BY RONALD BRADLEY, BRIAN BRADLEY AND JEFF BRADLEY AT 10719 MERLIN LANE IN DUBUQUE COUNTY, IOWA, FOR THE DUBUQUE REGIONAL AIRPORT TERMINAL RELOCATION PROJECT WHEREAS, the City of Dubuque (City) intends to acquire real property for Dubuque Regional Airport Terminal Relocation Project. The property, currently owned by Ronald Bradley, Brian Bradley and Jeff Bradley (Owners), is legally described as follows (the Property): Lot 2 of Lot 3 of the W ½ of the NW ¼ of Section 36, Township 88 North, Range 2 East of th the 5 P.M., Dubuque County, Iowa, according to the United States Government Survey and the recorded plats thereof, subject to easements of record; Lot 1 of Lot 1 of Lot 5, and Lot A of Lot 2, both of the Subdivision of the W ½ of the NW ¼ of th Section 36, Township 88 North, Range 2 East of the 5 P.M., Dubuque County, Iowa, according to the United States Government Survey and the recorded plats thereof, subject to easements of record; Lot 2 of Merlin Bradley, Second Addition, in Section 36, Township 88 North, Range 2 East th of the 5 P.M., in Dubuque County, Iowa, according to the United States Government Survey and the recorded plats thereof; The North ¾ of the N ½ of the SW 1/4; Lot 1 of Lot 1 of the W ½ of the NW ¼ and Lot 2 of th Merlin Bradley Addition, all in Section 36, Township 88 North, Range 2 East of the 5 P.M., in Dubuque County, Iowa, according to the United States Government Survey and the recorded plats thereof, subject to highway, and, Lot 2 of the SE ¼ of the NW ¼; and the SW ¼ of the NW ¼, except ½ acre in the SW Corner thereof deeded to Independent School District of Table Mound Township; Lot 2 of Lot 2 of the NW ¼ of the NW ¼; Lot 3 of Lot 1 of Lot 2 of Lot 1 of the NE ¼ of the NW ¼; all in th Section 35, Township 88 North, Range 2 East of the 5 P.M., in Dubuque County, Iowa, according to the United States Government Survey and the recorded plats thereof, less right of way conveyed to the State of Iowa and/or the State Highway Commission for road purposes, and that part sold to the City of Dubuque, Iowa, for airport purposes; and together with and subject to all rights and easements of record, from November 13, 1996, title to which rests in Ronald Bradley, Jeffrey Bradley and Brian Bradley, each owning an undivided 1/3 interest, and doing business as Bradley Farms; and WHEREAS, the City Council finds that there is a reasonable expectation the City will be able to proceed with and complete the Dubuque Regional Airport Terminal Relocation Project, comply with all applicable standards and obtain the necessary permits; and WHEREAS, Iowa law requires that City must make a good faith effort to negotiate with Owner to purchase the Property before proceeding with condemnation; and WHEREAS, City caused an appraisal of the Property to be made and the appraised value of the Property is $809,000; and WHEREAS, City has made an offer to purchase the Property for not less than its fair market value; and WHEREAS, City has been unable after good faith negotiations to reach an agreement with Owner for the acquisition of the Property. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, 29 IOWA, AS FOLLOWS: Section 1. The City Manager and the City Attorney are hereby authorized to commence eminent domain proceedings for the acquisition of the Property and to take such further action as may be necessary for the acquisition of the Property. th Passed, adopted, and approved this 5 day of May, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 2008 Art on the River: Arts and Cultural Affairs Advisory Commission requesting City Council concurrence with the selection of artwork for the 2008 Art on the River competition. Motion by Connors to receive and file the documents and approve. Seconded by Lynch. Motion carried 7- 0. Utility Billing Policies and Procedures: City Manager recommending approval of amendments to three City ordinances relating to delinquent utility accounts. Motion by Connors to receive and file the documents and 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 passed be suspended. Seconded by Braig. Motion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 29-08 Amending City of Dubuque Code of Ordinances Section 40-38 Charges – Billing and Collection, Ordinance No. 30-08 Amending City of Dubuque Code of Ordinances Section 44-86 Lien for Failure to Pay, and Ordinance No. 31-08 Amending City of Dubuque Code of Ordinances Section 44-204 Payment of Bills. Seconded by Braig. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 29-08 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES SECTION 40-38 CHARGES – BILLING AND COLLECTION. Section 1. City of Dubuque Code of Ordinances § 40-38 is amended to read as follows: Sec. 40-38. Charges – Billing and Collection: (a) The City Manager is authorized to bill tenants upon the written request of the property owner and according to a procedure to be established by the City Manager. The property owner in such cases shall provide any information on each tenant's mailing address to aid in the collection of fees for City services. In all cases, the property owner shall remain liable for the payment of all charges required by this Chapter. (b) All accounts shall be billed monthly. The payment of bills is subject to the terms of Section 44-204 of this Code. (c) The collection of solid waste provided class I premises and the maintenance of the availability of such service, whether or not such service is used regularly or not at all by the owner of such class I premises, is hereby declared a benefit to said premises at least equal to the monthly charges specified, and in case of failure to pay the monthly charge when billed as heretofore provided, then the monthly charge shall become a lien against the property benefited or served and shall be collected in the same manner as general property taxes. (d) It shall be the duty of the City Manager to certify the actual rates and fees to the City Clerk who, in turn, shall certify such costs plus the costs of administration to the County Treasurer and all such costs shall then constitute a lien against said property and be collected with and in the same manner as general property taxes on said property. Section 2. This Ordinance shall take effect on publication. th Passed, approved and adopted the 5day of May, 2008. 30 /s/Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk th Published in the Telegraph Herald Newspaper the 9 day of May, 2008. /s/Jeanne F. Schneider, CMC, City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 30-08 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES SECTION 44-86 LIEN FOR FAILURE TO PAY. Section 1. City of Dubuque Code of Ordinances § 44-86 is amended to read as follows: Sec. 44-86. Lien for Failure to Pay. (a) The City shall have a lien upon the real property served by the sanitary system for all delinquent rates and charges. Bills for sewage charges shall be delinquent when the same are unpaid for a period of twenty-five (25) days following the billing date, and if not paid, a penalty of five (5) percent shall be added to the sewage bill. (b) It shall be the duty of the City Manager to certify the actual rates and charges to the City Clerk who, in turn, shall certify such costs plus the costs of administration to the County Treasurer and all such costs shall then constitute a lien against said property and be collected with and in the same manner as general property taxes on said property. Section 2. This Ordinance shall take effect on publication. th Passed, approved and adopted the 5 day of May, 2008. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 9 day of May, 2008. /s/Jeanne F. Schneider, CMC, City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 31-08 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES SECTION 44-204 PAYMENT OF BILLS. Section 1. City of Dubuque Code of Ordinances § 44-204 is amended to read as follows: Sec. 44-204. Payment of Bills: (a) Payment of bills may be made at locations that have been designated by the City Manager, after official publication. (b) All utility bills are due when rendered. (c) If a bill remains unpaid twenty-five (25) days following the billing date, there shall be added to the bill a penalty of five (5) percent of the total utility bill for late payment. (d) If bills are not paid within thirty (30) days following the billing date, the City reserves the right to discontinue water service to the delinquent customer by shutting off the water service. The water service shall not be restored until all current, delinquent, and penalty charges, in addition to a turn on charge, have been paid. (e)If a delinquency exists for a rental property in excess of sixty (60) days, the owner shall assume responsibility for the future billings to such account. (f) The City shall have a lien upon the real property served by the City's water system for all delinquent rates and charges. It shall be the duty of the City Manager to certify such costs plus the costs of administration to the County Treasurer and all such costs shall then constitute a lien against said property and be collected with and in the same manner as general property taxes on said property. 31 Bills for water service charges shall be subject to a delinquency lien certification when the same are unpaid for a period of sixty (60) days after the due date. Section 2. This Ordinance shall take effect on publication. th Passed, approved and adopted the 5 day of May, 2008. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 9 day of May, 2008. /s/Jeanne F. Schneider, CMC, City Clerk Beeler Tree Farm and Breitbach Tree Farm Offer: City Manager recommending acceptance of an offer made to Mayor Roy Buol from Beeler Tree Farm and Breitbach Tree Farm for a reduced price on 4-inch diameter trees and approval of a “Sponsor Tree Planting Program” for these trees. Motion by Lynch to receive and file the documents and approve. Seconded by Connors. Motion carried 7-0. Greater Dubuque Development Corporation Board of Directors: Communication from the Greater Dubuque Development Corporation requesting appointments to the Greater Dubuque Development Corporation Board of Directors (currently Mayor Roy Buol, City Manager Michael Van Milligen, Economic Development Director Dave Heiar and City Council Members Joyce Connors and Kevin Lynch). Motion by Connors to appoint Mayor Roy Buol, City Manager Michael Van Milligen, Economic Development Director Dave Heiar and City Council Members Joyce Connors and Kevin Lynch to the Greater Dubuque Development Corporation Board of Directors. Seconded by Jones. Motion carried 7-0. COUNCIL MEMBER REPORTS Jones encouraged all veterans to attend the All the Way Home Event and take advantage of the many services offered. Lynch reported on his attendance at the recent City workers picnic and congratulated them on their service during the 2007-2008 winter season. Braig congratulated City workers on their service during the 2007-2008 winter season. Resnick reported on his attendance at the recent Bike/Hike event, stating that it was well attended with many ideas. CLOSED SESSION Motion by Jones to convene to Closed Session at 8:04 p.m. regarding pending litigation and property acquisition pursuant to Chapter 21.5(1)(c)(j) 2007 Code of Iowa. Seconded by Connors. Motion carried 7-0. Upon motion Council reconvened in Regular Session at 9:15 p.m. stating that staff had been given proper direction. There being no further business, upon motion the Council adjourned at 9:16 p.m. /s/Jeanne F. Schneider, CMC City Clerk 32