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Proof of Publication_City Council Proceedings 9 2 08STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communication, Inc., an Iowa corporation, publisher of the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following:\ dates: September 10, 2008, and for which the charge is $228.00. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this 10th day of September, 2008. Notary Public in and for Dubuque County, Iowa. CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Coun- cil met in regular session at 6:30 p.m. on September 2, 2008 in the Historic Federal Building. Prgmant• Mavnr Mini Resnick, Voetberg, City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a regular session called for the pur- pose of discussing such matters which may proper- ly come before the City Council. Invocation was provided by Pastor Dianne Christo- pher, St. Luke's Methodist Church. SWEARING -IN Mayor Pro-Tem Kevin Lynch PROCLAMATIONS National Alcohol and Drug Addiction Recovery Month (September, 2008) was accepted by Diane Thomas, Substance Abuse Services Center, and Malissa Sprenger, Mercy Turning Point Treatment Center. City Employer Support of the Guard and Reserve Week (September 14 - 20, 2008) was accept- ed by Tom Flynn and Dan Nicholson. CONSENT ITEMS Motion by Jones to re- ceive and file the docu- ments, adopt the resolu- tions, and dispose of as in- dicated. Seconded by Voetberg. Motion carried 7-0. Minutes and Reports Submitted: City Council of 8/18, 8/25 and 8/26; Civil Service Commission of 8/7 and 8/20; Historic Preser- vation Commission of 8/21; Long Range Planning Advisory Commission of 8/20; Zoning Advisory Commission of 8/6; Proof of publication of printed City Council pro- ceedings of August 4, 2008 Upon motion the docu- ments were received and filed. Notice of Claims/Suits: Bert and Dave Ament for property damage; US Bank National Association vs. City of Dubuque, et al; Dennis A. Roling for prop- erty damage Upon motion the docu- ments were received and filed and referred to the City Attorney. City Attorney advising that the following claim has been referred to Public Entity Risk Services of Io- wa, the agent for the Iowa Communities Assurance Pool: Bert Ament for prop- erty damage City Attorney recom- mending denial of the claim of Bruce Ohnesorge for vehicle damage. Upon motion the docu- ments were received, filed and concurred. Citizen Communication: Communication from Da- vid H. Parrett, 9349 April Lynne Court, regarding air - brake, air tank modifica- tions to City vehicles. Upon motion the docu- ment was received and filed and referred to the City Manager. Purchase of Property - 7000 Pennsylvania Ave- nue: City Manager recom- mending approval of the acceptance of the warran- ty deed from Allen F. and Mary Ann Lex for property located at 7000 Pennsyl- vania Avenue. Upon mo- tion the documents were received and filed and Resolution No. 282-08 Ac- cepting the deed to certain real estate in Dubuque County, Iowa from Allen F. Lex and Mary Ann Lex was ment with the Corporation for National and Communi- ty Service. Upon motion the documents were re- ceived, filed, and ap- proved. Four Mounds Archeologi- cal Survey: Historic Pres- ervation Commission transmitting the final report for the Four Mounds Ar- cheological Survey and recommending City Coun- cil approval. Upon motion the documents were re- ceived, filed, and ap- proved. Request for Proposals for Engineering Services: City Manager recommending approval of the issuance of a Request for Proposals for engineering services for the water main extension along Highway 61/151 south from Gateway Drive to Key West Drive. Upon motion the documents were received, filed, and approved. Engineering Services - Miller Road Water Main Extension: City Manager recommending approval of the issuance of a Request for Proposals for the engi- neering services for the water main extensions along Miller Road. Upon motion the documents were received, filed, and approved. Water Pollution Control Plant - Request for Pro- posals: City Manager rec- ommending approval of the issuance of a Request for Proposals for engineer- ing design and construc- tion services for the up- grades to the Water Pollu- tion Control Plant. Upon motion the documents were received, filed, and approved. Legislative Correspond- ence: Communication to Senator Tom Harkin, Sen- ator Charles Grassley and Representative Bruce Braley regarding the City's concern over a petition currently before the Feder- al Communications Com- mission (FCC) and re- questing their support in opposition to this action. Upon motion the docu- ments were received and filed. German Bank Building Renovation Project: City Manager recommending approval of the loan agree- ment for a $300,000 Downtown Rehabilitation Loan, $10,000 Fagade Grant and $10,000 Design Grant for the German Bank Renovation Project. Upon motion the documents were received and filed and Resolution No.-287-08.. Authorizing execution of a Downtown Rehabilitation Loan, Facade Grant, and Design Grant to German Bank Building (342 Main Street) Renovation was adopted. Workers' Compensation Settlement: City Manager recommending approval of the settlement agreement for the workers' compen- sation claim of Francis Marshall. Upon motion the documents were received, filed, and approved. Agreement 2009-16-008 Final (U.S. 52 from 32nd Street to NW Arterial in Dubuque): City Manager recommending approval of the Iowa Department of Transportation Agreement for the Drainage Improve- ment and Hot Mix Asphalt Resurfacing Project on $4,000,000 General Obli- gation Bonds for the Bee Branch Project. Upon mo- tion the documents were received and filed and. Resolution No. 292-08 Fix- ing date for a meeting on the proposition of the issu- ance of not to exceed $4,000,000 General Obli- gation Bonds (for an es- sential corporate purpose) of Dubuque, Iowa, and providing for publication of notice thereof was adopt- ed setting a public hearing for a meeting to com- mence at 6:30 •p.m. on September 15, 2008 in the Historic Federal Building. General Obligation Bonds - Greater Downtown Urban Renewal District: City Manager recommending that a public hearing be set for September 15, 2008 to consider the issu- ance of not to exceed $3,000,000 to provide funds for the Library Reno- vation Project and the Kephart Building renova- tions. Upon motion the documents were received and filed and Resolution No. 293-08 Fixing date for a meeting on the proposi- tion of the issuance of not to exceed $3,000,000 General Obligation Bonds (for an urban renewal pur- pose) of Dubuque, Iowa, and providing for publica- tion of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on September 15, 2008 in the Historic Federal Building. General Obligation Bonds - Dubuque Industrial Cen- ter West Urban Renewal District: City Manager rec- ommending that a public hearing be set for Septem- ber 15, 2008 to consider the issuance of not to ex- ceed $3,100,000 General Obligation Bonds to pay the costs associated with the North Siegert Farm demolition and grading project at the Dubuque In- dustrial Center West (DICW). Upon motion the documents were received and filed and Resolution No. 294-08 Fixing date for a meeting on the proposi- tion of the issuance of not to exceed $3,100,000 General Obligation Bonds (for an urban renewal pur- pose) of Dubuque, Iowa, and providing for publica- tion of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on September 15, 2008 in the Historic Federal Building. Montcrest Street Sanitary Sewer Reconstruction Project: City Manager rec- ommending initiation of the public bidding process for the Montcrest Street Sanitary Sewer Recon- struction Project and that a public hearing be set for September 15, 2008 to consider approval of the plans and specifications, form of contract and esti- mated cost. Upon motion the documents were re- ceived and filed and Reso- lution No. 295-08 Prelimi- nary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing and ordering bids for the Montcrest Street Sanitary Sewer Recon- struction Project; Resolu- tion No. 296-08 Approving the plat, schedule of as- sessments and estimate of Amended and Restated Urban Renewal Plan for the Greater Downtown Ur- ban Renewal District. Motion by Connors to re- ceive and file the docu- ments and adopt Resolu- tion No. 300-08 Approving the Amended and Restat- ed Urban Renewal Plan for the Greater Downtown Ur- ban Renewal District. Seconded by Jones. Mo- tion carried 7-0. Dubuque Brewing and Malting Urban Renewal District: Proof of publica- tion on notice of hearing to consider creation of the Dubuque Brewing and Malting Urban Renewal District which would in- clude approximately 14 acres of property located along Jackson Street and City Manager recommend- ing approval. Communication from the Long Range Planning Ad- visory Commission recom- mending approval of the Urban Renewal Plan for. the Dubuque Brewing and Malting Urban Renewal District. Motion by Connors to re- ceive and file the docu- ments and adopt Resolu- tion No..301-08 Approving the Urban Renewal Plan for the Dubuque Brewing and Malting Urban Renew- al District. Seconded by Lynch. Motion carried 7-0. Quince Street Under- ground Utility Reconstruc- tion Project: Proof of publi- cation on notice of hearing to consider adoption of the plans and specifications, form of contract, estimated cost and preliminary schedule of assessments for the Quince Street Un- derground Utility Recon- struction Project and City Manager recommending approval. Motion by Braig to receive and file the documents and adopt Resolution No. 302-08 Ap- proving plans, specifica- tions, form of contract, and estimated cost for the Quince Street Under- ground Utility Reconstruc- tion Project; Resolution No. 303-08 With respect to the adoption of the Reso- lution of Necessity pro- posed for the Quince Street Underground Utility Reconstruction Project; and Resolution No. 304-08 Approving schedule of as- sessments and estimate of total cost for the Quince Street Underground Utility Reconstruction Project. Seconded by Lynch. Mo- tion carried 7-0. Fire Station No. 2 Parking Lot Reconstruction Proj- ect: Proof of publication on notice of hearing to con- sider adoption of the plans and specifications, form of contract and estimated cost for the Fire Station No. 2 Parking Lot Recon- struction Project and City Manager recommending approval. Motion by Jones to receive and file the documents and adopt Resolution No. 305-08 Ap- proving plans, specifica- tions, form of contract, and estimated cost for the Fire Station No. 2 Parking Lot Reconstruction Project. Seconded by Voetberg. Motion carried 7-0. Upon motion the rules were reinstated limiting Connors to receive and file the documents and ap- prove the agreement. Seconded by Braig. Mo- tion carried 7-0. Antique Fire Truck Resto- ration Project: City Manag- er recommending approval of the commitment of an additional $6,000 toward the completion of the Anti- que Fire Truck restoration. Motion by Connors to re- ceive and file the docu- ment and approve. Seconded by Jones. Mo- tion carried 7-0. Chapter 5 - Alcohol Viola- tion Fines: City Manager recommending approval of an amendment to Chapter 5 - Alcoholic Beverages to be consistent with the fine schedule of the Code of Iowa. Motion by Jones to receive and file the docu- ments and that the re- quirement 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 Connors. Motion carried 7- 0. Motion by Jones for final consideration and passage of Ordinance No. 56-08 Amending City of Dubuque Code of Ordinances Sec- tion 5-7 Persons Under Legal Age to reference the Iowa Code Fine Provision, Section 5-7.1 Persons un- der legal age prohibited from attempting to pur- chase or otherwise obtain alcoholic beverages and from misrepresenting the person's age by modifying required sign language, and Section 5-7.2 Persons under legal age prohibited from premises where alco- holic beverage is sold or dispensed by modifying required sign language. Seconded by Connors. Motion carried 7-0. U.S. Highway 52 Resur- facing - 32nd Street to the Northwest Arterial Project: City Manager recommend- ing award of the public im- provement contract for the U.S. Highway 52 Resurfac- ing - 32nd Street to the Northwest Arterial Project to River City Paving, Inc., in the amount of $931,239.54. Motion by Lynch to receive and file the documents and adopt Resolution No. 306-08 Awarding public improve- ment contract for the U.S. Highway 52 Resurfacing - 32nd Street to the North- west Arterial Project. Seconded by Connors. Motion carried 7-0. Amendment to 2006 An- nexation Study: City Man- ager recommending ap- proval of an amendment to the 2006 Annexation Study prepared by Veenstra & Kimm, Inc. Motion by Voetberg to receive and file the documents and ap- prove the amendment. Seconded by Jones. Mo- tion carried 7-0. CLOSED SESSION Motion by Jones to go in- to closed session at 7:25 p.m. regarding pending liti- gation and property ac- quisition pursuant to Chapter 21.5(1)(c)(1) 2007 Code of Iowa. Seconded by Connors. Motion car- ried 7-0. Upon motion the City STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: September 10, 2008, and for which the charge is $288.00. Subscribed to before me, a Nary Public in and for Dubuque County, Iowa, this /& day of ,20ei8'. Notary Public in and for Dubuque County, Iowa. MARY K. WESTERMEYER . Commission Number 154885 My Comm. Fxo. FEB, 1, 2011 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Coun- cil met in regular session at 6:30 p.m. on September 2, 2008 in the Historic Federal Building. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, merits were rece vea ana filed. Notice of Claims/Suits: Bert and Dave Ament for property damage; US Bank National Association vs. City of Dubuque, et al; Dennis A. Roling for prop- erty damage Upon motion the docu- ments were received and filed and referred to the City Attorney. City Attorney advising that the following claim has been referred to Public Entity Risk Services of Io- wa, the agent for the Iowa Communities Assurance Pool: Bert Ament for prop- erty damage City Attorney recom- mending denial of the claim of Bruce Ohnesorge for vehicle damage. Upon motion the docu- ments were received, filed and concurred. Citizen Communication: Communication from Da- vid H. Parrett, 9349 April Lynne Court, regarding air - brake, air tank modifica- tions to City vehicles. Upon motion the docu- ment was received and filed and referred to the City Manager. Purchase of Property - 7000 Pennsylvania Ave- nue: City Manager recom- mending approval of the acceptance of the warran- ty deed from Allen F. and Mary Ann Lex for property located at 7000 Pennsyl- vania Avenue. Upon mo- tion the documents were received and filed and Resolution No. 282-08 Ac- cepting the deed to certain real estate in Dubuque County, Iowa from Allen F. Lex and Mary Ann Lex was adopted. Sale of Property - 141 East 11th Street: City Man- ager recommending ap- proval of the sale of prop- erty located at 141 East 11th Street to Doug Horsfall/Horsfall, Inc., as part of the condominium renovation project located adjacent at 1126 White Street. Upon motion the documents were received and filed and Resolution No. 283-08 Approving the sale of real estate located at 141 East 11th Street in the City of Dubuque was adopted. Port of Dubuque Adams Development, LLC/Partial Assignment of Develop- ment Agreement for Se- curity: City Manager rec- ommending approval of a Partial Assignment of De- velopment Agreement for Security as requested by Brian Kane, attorney for Port of Dubuque Adams Development, LLC. Upon motion the documents were received, filed, and approved. Eagle Point Water Plant Clear Well Renovation Project - Phase I: City Manager recommending acceptance of the Eagle Point Water Clear Well Renovation Project - Phase I as completed by Tricon General Construc- tion in the final contract amount of $751,181. Upon motion the documents were received and filed and Resolution No. 284-08 Accepting the Eagle Point Water Plant Clear Well Re- habilitation Project - Phase I and authorizing payment of the contract amount to the contractor was adopt- ed. Holliday Third Addition - Stormwater Facilities Fee Agreement: City Manager recommending approval of the assignment of interest in the Stormwater Facilities Agreement for Holliday Third Addition from Com- mercial Holliday Develop- ment, LLC to both WBBW Holliday Development, LLC and Gomer Holliday Development, LLC. Upon motion the documents were received, filed, and approved. Snow and Ice Removal Assessments: City Manag- er recommending approval of the levy of special as- sessments for snow and ice removal. Upon motion the documents were re- ceived and filed and Reso- lution No. 285-08 Adopting the schedule of assess- ments for snow and ice re- moval specifying the num- ber of annual installments into which assessments are divided, the interest on all unpaid installments, the time when the assess- ments are payable and di- recting the Clerk to certify the schedule of assess- ments to the County Treasurer and to publish notice thereof and Resolu- tion No. 286-08 Authoriz- ing the City to collect de- linquent snow and ice re- moval charges in accord- ance with Section 364.12.2.b of the State of Iowa Code; Section 41-86, Section 26-(b)(3) & Section 26-6.(b) of the Code of Or- dinances of the City of Du- buque, Iowa, were adopt- ed. AmeriCorps Grant: City Manager recommending approval of a three-year AmeriCorps Grant agree- Legisianve i,orrespvna ence: Communication to Senator Tom Harkin, Sen- ator Charles Grassley and Representative Bruce Braley regarding the City's concern over a petition currently before the Feder- al Communications Com- mission (FCC) and re- questing their support in opposition to this action. Upon motion the docu- ments were received and filed. German Bank Building Renovation Project: City Manager recommending approval of the loan agree- ment for a $300,000 Downtown Rehabilitation Loan, $10,000 Facade Grant and $10,000 Design Grant for the German Bank Renovation Project. Upon motion the documents were received and filed and Resolution No. 287-08. Authorizing execution of a Downtown Rehabilitation Loan, Facade Grant, and Design Grant to German Bank Building (342 Main Street) Renovation was adopted. Workers' Compensation Settlement: City Manager recommending approval of the settlement agreement for the workers' compen- sation claim of Francis Marshall. Upon motion the documents were received, filed, and approved. Agreement 2009-16-008 Final (U.S. 52 from 32nd Street to NW Arterial in Dubuque): City Manager recommending approval of the Iowa Department of Transportation Agreement for the Drainage Improve- ment and Hot Mix Asphalt Resurfacing Project on U.S. 52 from 32nd Street to the Northwest Arterial. Upon motion the docu- ment were received and filed and Resolution No. 288-08 Approving the Iowa Department of Transporta- tion Agreement for 2009- 16-008 Final (US 52 from 32nd Street to Northwest Arterial in Dubuque) for the Drainage Improvement and Hot Mix Asphalt (HMA) Resurfacing Project on US 52 between 32nd Street and the Northwest Arterial was adopted. Curtis Collection: City Manager recommending approval of the sale of the Curtis Collection to the Dubuque Cultural Preser- vation Committee through the Purchase Agreement and Purchase Agreement Addendum. Upon motion the documents were re- ceived, filed, and ap- proved. Liquor License Applica- tions: City Manager rec- ommending approval of annual liquor license re- newals as submitted. Upon motion the docu- ments were received and filed and Resolution No. 289-08 Granting the issu- ance of a Class "B" Beer Permit (5-Day Special Event) to Dubuque Jay- cees, Rhody's, and Colts Community Center; and a Class "C" Beer Permit to Wal-Mart Supercenter and Eagle Country Market and Resolution No. 290-08 Granting the issuance of a Class "C" Beer/Liquor Li- cense (5-Day Special Event) to Clarke College; Class "C" Beer/Liquor Li- cense to National Missis- sippi River Museum, Los Aztecas Mexican Restau- rant; Special Class "C" (BW) Liquor License to Bandana's Bar-B-Q; and a Class "B" Wine Permit to Eagle Country Market and Wal-Mart Supercenter were adopted. ITEMS TO BE SET FOR PUBLIC HEARING Motion by Lynch to re- ceive and file the docu- ments, adopt the resolu- tions, set the public hear- ings as indicated, and di- rect the City Clerk to pub- lish notice as prescribed by law. Seconded by Jones. Motion carried 7-0. Water Revenue Bonds: City Manager recommend- ing that a public hearing be set for September 15, 2008 to consider the issu- ance of not to exceed $1,350,000 Water Revenue Bonds to pay the costs of water main replacements and repairs, construction of water main extensions, and the acquisition and in- stallation of pump station radio communications equipment. Upon motion the documents were re- ceived and filed and Reso- lution No. 291-08 Fixing date for a meeting on the proposition of the issuance of not to exceed $1,350,000 Water Revenue Bonds of Dubuque, Iowa, and providing for publica- tion of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on September 15, 2008 in the Historic Federal Building. General Obligation Bonds - Bee Branch Project: City Manager recommending that a public hearing be set for September 15, 2008 to consider the issu- ance of not to exceed 1./01 I J, the issuance of not to ex- ceed $3,100,000 General Obligation Bonds to pay the costs associated with the North Siegert Farm demolition and grading project at the Dubuque In- dustrial Center West (DICW). Upon motion the documents were received and filed and Resolution No. 294-08 Fixing date for a meeting on the proposi- tion of the issuance of not to exceed $3,100,000 General Obligation Bonds (for an urban renewal pur- pose) of Dubuque, Iowa, and providing for publica- tion of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on September 15, 2008 in the Historic Federal Building. Montcrest Street Sanitary Sewer Reconstruction Project: City Manager rec- ommending initiation of the public bidding process for the Montcrest Street Sanitary Sewer Recon- struction Project and that a public hearing be set for September 15, 2008 to consider approval of the plans and specifications, form of contract and esti- mated cost. Upon motion the documents were re- ceived and filed and Reso- lution No. 295-08 Prelimi- nary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing and ordering bids for the Montcrest Street Sanitary Sewer Recon- struction Project; Resolu- tion No. 296-08 Approving the plat, schedule of as- sessments and estimate of total cost and setting date of public hearing on Reso- lution of Necessity; and Resolution No. 297-08 Resolution of Necessity were adopted setting a public hearing for a meet- ing to commence at 6:30 p.m. on September 15, 2008 in the Historic Feder- al Building. Carnegie Stout Public Li- brary Renovation Project: City Manager recommend- ing initiation of the public bidding process for the Carnegie Stout Public Li- brary Renovation Project and that a public hearing be set for September 15, 2008 to consider approval of the plans and specifica- tions, form of contract and estimated cost. Upon mo- tion the documents were received and filed and Resolution No. 298-08 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing and ordering bids for the Carnegie Stout Public Library Renovation Project was adopted set- ting a public hearing for a meeting to commence at 6:30 p.m. on September 15, 2008 in the Historic Federal Building. Fiscal Year 2009 Budget Amendment: City Manager recommending that a pub- lic hearing be set for Octo- ber 6, 2008 to consider approval of the first amendment to the Fiscal Year 2009 Budget. Upon motion the documents were received and filed and Resolution No. 299-08 Setting the date for the public hearing on Amend- ment No. 1 to the Fiscal Year 2009 Budget for the City of Dubuque was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on October 6, 2008 in the His- toric Federal Building. BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions: En- vironmental Stewardship Advisory Commission: One 3-year term through Octo- ber 1, 2011 (Term of Klostermann). Applicant: Wayne Klostermann, 2636 Queen Street. Mr. Klostermann spoke in sup- port of his appointment. Appointments to the fol- lowing Boards/Commis- sions: Airport Commission: One 4-year term through September 14, 2012 (Term of Czeshinski). Applicant: Susan Czeshinski, 2203 Sunnyslope Drive. Motion by Connors to appoint Sue Czeshinski to the Airport Commission for a 4-year term through September 14, 2012. Seconded by Braig. Motion carried 7-0. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone to address the City Council. Greater Downtown Urban Renewal District - South Port Area: Proof of publi- cation on notice of hearing to consider an amendment to the Urban Renewal Plan for the Greater Downtown Urban Renewal District - South Port Area and City Manager recommending approval. Communication from the Long Range Planning Ad- visory Commission recom- mending approval of the schedule of assessments for the Quince Street Un- derground Utility Recon- struction Project and City Manager recommending approval. Motion by Braig to receive and file the documents and adopt Resolution No. 302-08 Ap- proving plans, specifica- tions, form of contract, and estimated cost for the Quince Street Under- ground Utility Reconstruc- tion Project; Resolution No. 303-08 With respect to the adoption of the Reso- lution of Necessity pro- posed for the Quince Street Underground Utility Reconstruction Project; and Resolution No. 304-08 Approving schedule of as- sessments and estimate of total cost for the Quince Street Underground Utility Reconstruction Project. Seconded by Lynch. Mo- tion carried 7-0. Fire Station No. 2 Parking Lot Reconstruction Proj- ect: Proof of publication on notice of hearing to con- sider adoption of the plans and specifications, form of contract and estimated cost for the Fire Station No. 2 Parking Lot Recon- struction Project and City Manager recommending approval. Motion by Jones to receive and file the documents and adopt Resolution No. 305-08 Ap- proving plans, specifica- tions, form of contract, and estimated cost for the Fire Station No. 2 Parking Lot Reconstruction Project. Seconded by Voetberg. Motion carried 7-0. Upon motion the rules were reinstated limiting discussion to the City Council ACTION ITEMS Historic Preservation Commission - Request for Demolition Permit: Historic Preservation Commission recommending denial of a request from Richard and Kathy Neuses for a demo- lition permit for the existing building at 1672 Central Avenue. Motion by Jones to receive and file the document and grant the request for a demolition permit. Seconded by Braig. Motion carried 7-0. New Market Tax Credits: City Manager recommend- ing approval of an agree- ment with B&G Develop- ment, LLC for New Market Tax Credit Consulting Services. Motion by Connors to receive and file the documents and ap- prove the agreement. Seconded by Lynch. Mo- tion carried 7-0. Dubuque Industrial Cen- ter West Speculative Building: City Manager recommending that the or- dinance that allows not - for -profit community de- velopment entities to build an industrial spec building and receive a property tax exemption be expanded to include for -profit entities. 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 suspend- ed. Seconded by Connors. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 54-08 Amending City of Dubuque Code of Ordinances Chap- ter 15 Article VI. Specula- tive Shell Buildings for Community Development Organizations by amend- ing Section 15-59 Specu- lative Shell Buildings: Defi- nitions; Section 15-60 Ex- emption Allowed; and Sec- tion 15-61 Application for Exemption by Property Owner. Seconded by Con- nors. Motion carried 7-0. Partial Exemption for In- dustrial Properties: City Manager recommending approval of an amendment to the Industrial Property Tax Exemption ordinance for clarification purposes. Motion by Connors to re- ceive and file the docu- ments and that the re- quirement 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 fi- nal consideration and pas- sage of Ordinance No. 55- 08 Amending City of Du- buque Code of Ordinances Section 43-21 Partial ex- emption for value added to industrial real estate by new construction and ac- quisition or improvements to certain machinery or equipment. Seconded by Braig. Motion carried 7-0. American Tank and Fabri- cation Development Agreement: City Manager recommending approval of a Development Agreement with American Tank and Fabrication to replace the agreement originally ap- proved in 2003 with Vessel Systans. Motion by and Section 5-7.2 Persons under legal age prohibited from premises where alco- holic beverage is sold or dispensed by modifying required sign language. Seconded by Connors. Motion carried 7-0. U.S. Highway 52 Resur- facing - 32nd Street to the Northwest Arterial Project: City Manager recommend- ing award of the public im- provement contract for the U.S. Highway 52 Resurfac- ing - 32nd Street to the Northwest Arterial Project to River City Paving, Inc., in the amount of $931,239.54. Motion by Lynch to receive and file the documents and adopt Resolution No. 306-08 Awarding public improve- ment contract for the U.S. Highway 52 Resurfacing - 32nd Street to the North- west Arterial Project. Seconded by Connors. Motion carried 7-0. Amendment to 2006 An- nexation Study: City Man- ager recommending ap- proval of an amendment to the 2006 Annexation Study prepared by Veenstra & Kimm, Inc. Motion by Voetberg to receive and file the documents and ap- prove the amendment. Seconded by Jones. Mo- tion carried 7-0. CLOSED SESSION Motion by Jones to go in- to closed session at 7:25 p.m. regarding pending liti- gation and property ac- quisition pursuant to Chapter 21.5(1)(c)0) 2007 Code of Iowa. Seconded by Connors. Motion car- ried 7-0. Upon motion the City Council reconvened in open session at 7:44 p.m. stating that staff had been given proper direction. There being no further business, upon motion the meeting adjourned at 7:45 p.m. /s/Jeanne Schneider, CMC, City Clerk 1t 9/10 Notary ]