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Proof of Publication_City Council Proceedings 10 20 08 regular sessionCITY VVQ')12.4i. M __, I IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Coun- cil met in regular session at 6:30 p.m. on October 20, 2008 in the Historic Federal Building. Present: Mayor Buol, 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 pur- pose of discussing such matters which may proper- ly come before the City Council. Invocation was provided by Sister Mary Ann Zollman, President, BVM proved. Delinquent Water, Sewer, Refuse and Stormwater Collection Accounts: City Manager recommending approval of the submission of delinquent water, sewer, refuse and stormwater col- lection accounts to the Du- buque County Treasurer. Upon motion the docu- ments were received and filed and Resolution No. 360-08 Adopting the Schedule of Assessments for delinquent water, re- fuse, sewer and stormwater collection ac- counts and specifying the number of annual install- ments into which assess- ments are divided, the in- terest on all unpaid install- ments, the time when the assessments are payable and directing the Clerk to certify the schedule of as- sessments to the County Treasurer and to publish notice thereof was adopt- ed. Canadian Pacific Rail- road: Communication from Fred Green, President and CEO of Canadian Pacific Railroad, advising that the US Surface Transportation Board has approved Canadian Pacific's appli- cation to acquire control of the Dakota, Minnesota & Eastern (DM&E) and the Iowa, Chicago & Eastern (IC&E) Railroads. Upon motion the document was received and filed. Citizen Communication: Communication from Greg and Peggy Stover, 1145 Locust Street, requesting to vacate and purchase a piece of City -owned land at the base of the retaining wall located at 11th Street. Upon motion the docu- ment was received and filed and referred to the City Manager. Iowa Department of Pub- lic Health: Communication from the Iowa Department of Public Health advising that the US Public Health Service Centers for Dis- ease Control has recog- nized the City's Water De- partment staff for consis- tently maintaining the fluo- ride level in the water sys- tem within the range con- sidered optimum for the prevention of tooth decay. Upon motion the docu- ment was received and filed. Plat of Survey - Fountain Hill Subdivision No. 3: Zoning Advisory Commis- sion recommending appro- val of the Plat of Survey of Fountain Hill Subdivision No. 3, located north of Roosevelt Road, as re- quested by Dave -Schneider. Upon motion the documents were re- ceived and filed and Reso- lution No. 361-08 Approv- ing the Plat of Survey of Fountain Hill Subdivision No. 3 in the City of Dubu- que, Iowa, was adopted. Final Plat - Graf Farm Subdivision: Zoning Advi- sory Commission recom- mending approval of the Final Plat of Graf Farm Subdivision, located on Humke Road in Dubuque County, as requested by James Graf. Upon motion the documents were re- ceived and filed and Reso- lution No. 362-08 Approv- ing the final plat of Graf Farm Subdivision in Dubu- que County, Iowa, was adopted. Federal Buildino - Exteri- Bee Branch Creek Resto- ration Project - Purchase of Property Owned by G & S Real Estate: City Manag- er recommending approval of the acquisition of real estate owned by G & S Real Estate in connection with the Bee Branch Creek Restoration Project. Upon motion the documents were received and filed and Resolution No. 369-08 Approving the acquisition of real estate owned by G & S Real Estate in the City of Dubuque, Iowa, was adopted. Purchase of Property - 2241 Prince Street: City Manager recommending approval of the purchase of a residential dwelling lo- cated at 2241 Prince Street as part of the ac- quisition program associ- ated with the Bee Branch Creek Restoration Project. Upon motion the docu- ments were received and filed and Resolution No. 370-08 Approving the ac- quisition of real estate lo- cated at 2241 Prince Street in the City of Dubu- que, Iowa, was adopted. Former Kephart Building Improvements - Consul- tant Selection: City Man- ager recommending ap- proval of the selection of The Durrant Group to pro- vide architectural and con- struction administration services associated with the Kephart Building Im- provement Project. Upon motion the documents were received, filed, and approved. Iowa 32 (Southwest Arte- rial) - Request for Propos- als: City Manager recom- mending approval to ini- tiate the Request for Pro- posals process for profes- sional consultant services to complete the final de- sign and to develop con- struction documents for the Iowa Highway 32 (Southwest Arterial) Proj- ect. Upon motion the documents were received, filed, and approved. Emergency Repairs of Retaining Wall at 1695 Garfield Avenue: City Man- ager recommending ap- proval of emergency re- pairs to the retaining wall at 1695 Garfield Avenue. Upon motion the docu- ments were received and filed and Resolution No. 371-08 Authorizing emer- gency repairs to the retain- ing wall at 1695 Garfield Avenue was adopted. Seconded by Connors. Motion carried 7-0. Warehouse Cultural and Entertainment District Ap- plication: Letters of sup- port from the Arts and Cul- tural Affairs Advisory Com- mission, Dubuque Area Chamber of Commerce and the Convention and Visitors Bureau for the designation of the Ware- house District as a State Cultural and Entertainment District. Upon motion the documents were received and filed. Fiscal Year 2008 / 2009 School Resource Officer (SRO) Agreement: City Manager recommending approval of the Fiscal Year 2008 / 2009 School Re- source Officer Agreement between the City of Dubu- que Police Department and the Dubuque Com- munity School District. Upon motion the docu- ments were received, filed, documents were received and filed and Resolution No. 378-08 Appointing Wells Fargo Bank, National Association of Des Moines, Iowa, to serve as paying agent, bond regis- trar, and transfer agent, approving the paying agent and bond registrar and transfer agent agree- ment and authorizing the execution •of the agree- ment; and Resolution No. 379-08 Relating to the is- suance of Water Revenue Bonds by the Oity of .Du- buque under the provi- sions of Chapter 384 of the Code of Iowa, author- izing and providing for the issuance and securing the payment of $1,195,000 Water Revenue Bonds, Series 2008D, and provid- ing for a method of pay- ment thereof, funding a debt service reserve fund, and related matters were adopted. PEG Capital Grant Ex- penditure Requests: City Manager recommending approval of the Cable TV Tele-Programming Com- mission recommendations for funding from the Pub- lic, Educational, and Gov- ernment (PEG) Capital Grant for Access Equip- ment and Facilities in the amount of $47,000 for Lo- ras College to purchase equipment to produce pro- gramming in the field, and $6,000 for Dubuque Com- munity School District to purchase a non -linear edit- ing system. Upon motion the documents were re- ceived, filed, and ap- proved. Identity Theft Prevention Program: City Manager recommending approval of the City's Identity Theft Prevention Program as re- quired by the Federal Trade Commission's Red Flag Rules. Upon motion the documents were re- ceived, filed, and ap- proved. Public Service Announce- ment (PSA) Agreement - Lamar Companies: City Manager recommending approval of a Public Serv- ice Announcement Agree- ment with Lamar Compa- nies. Upon motion the documents were received, filed, and approved. Lease Agreement with Lamar Companies: City Manager recommending approval of a Lease Agree- ment with the Lamar Com- panies to allow them to re- main on the Bricktown parking lot recently pur- chased by the City. Upon motion the documents were received, filed, and approved. Iowa Department of Pub- lic Health (IDPH) Child- hood Lead Poisoning Funding: City Manager recommending execution of a contract with the Du- buque County Board of Health for continued fund- ing of the Childhood Lead Poisoning Prevention Pro- gram (CLPPP) and a re- newed agreement with the Visiting Nurse Association (VNA) for services related to the CLPPP. Upon mo- tion the documents were received, filed, and ap- proved. Government Finance Offi- cers Association: Commu- nication from the Govern- ment Finance Officers As- sociation advising that Budget Director Jennifer Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions: Plumbing Board: Two 3- year terms through No- vember 2, 2011 (Master Plumber Requirement, Terms of Gonner and Willenborg). Applicants: Stanley Gonner, 485 O'Neill Street, and Harlan Willenborg, 3254 Lake Ridge Drive. Appointments to the fol- lowing Boards/Commis- sions: Arts and Cultural Af- fairs Advisory Commission (Business/Professional, Live/Work in Cultural Dis- trict). One 3-year term through June 30, 2009 (Term of Weber). Appli- cant: Julie Steffen, 2260 Coates Street, Employed with Prudential Financial. Motion by Lynch to ap- point Julie Steffen to the Arts and Cultural Affairs Advisory Commission to a 3-year term through June 30, 2009. Seconded by Voetberg. Motion carried 7-0. Environmental Steward- ship Advisory Commission (Held over from October 6, 2008 meeting). One 3-year term through October 1, 2011 (Term of O'Toole). Applicants Edward Caw- ley, 598 Needham Place; Marie Cigrand OSF, 1049 Rush Street (Additional Applicant); Brendan Houli- han, 2155 Morningview Road (Additional Appli- cant). Upon roll call vote, Edward Cawley was ap- pointed to the Environ- mental Stewardship Advi- sory Commission for a 3- year term through October 1, 2011. Resnick, Voet- berg, Braig and Jones vot- ed for Cawley with Lynch, Buol and Connors voting for Houlihan. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone to address the City Council. Request to Rezone - Vari- ous Properties on Univer- sity Avenue: Proof of publi- cation on notice of public hearing to consider a re- quest from Carol Steckel to rezone property located at 2624, 2635, 2635 1/2, 2638, 2644, 2645, 2648, 2649, 2653, 2654, 2661, 2662, 2665, 2670, 2685, 2688, 2691, 2696, 2698, 2714 University Avenue and Lots 1-7,.8 and 9 of Lenox Addition and Zoning Advisory Commission rec- ommending approval with the condition that Lots 1-7, 8 and 9 of Lenox Addition be excluded. Motion by Connors to receive and file the documents and that the requirement that a pro- posed ordinance be con- sidered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Jones. Carol Steckle, 2645 University; Audrey Yarnell, 2653 Uni- versity Avenue; Mary Kass, 2617 Van Buren Avenue; Ashley Glick, 2662 Univer- sity Avenue, spoke in sup- port of rezoning the totality of properties to R1 Resi- dential. Greg Prehm, Du- buque Property Manage- ment, 243 W. 11th Street, spoke in opposition to rezoning Lots 1-7, 8 and (2635 and 2635 1/z Univer- sity) from R-2 to R-1 as he 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. Planning Services Manager Laura Carstens provided a staff report. Motion by Connors for fi- nal consideration and pas- sage of Ordinance No. 65- 08 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassi- fying hereinafter described property located south and north of Middle Road from Dubuque County R-1 Rural Residential District, R-2 Single -Family Residential District and C-1 Conserv- ancy District to City of Du- buque AG Agricultural Dis- trict with an RROD Rural Residential Overlay District Designation, concurrent with annexation. Seconded by Braig. Mo- tion carried 7-0 Request to Rezone - Ker- ry Bowman: Proof of publi- cation on notice of public hearing to consider a re- quest from Kerry Bowman to rezone property located at 15615 Middle Road from' County R-1 to City AG Agricultural with an RROD Rural Residential Overlay designation, in conjunction with annexa- tion, and Zoning Advisory Commission recommend- ing approval. Motion by Lynch to receive and file the documents and that the requirement that a pro- posed ordinance be con- sidered 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. Plan- ning Services- Manager Laura Carstens provided a staff report. Motion by Lynch for final consideration and passage of Ordinance No. 66-08 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassify- ing hereinafter described property located at 15615 Middle Road from Dubu- que County R-1 Rural Res- idential District to City of Dubuque AG Agricultural District with an RROD Ru- ral Residential Overlay Dis- trict designation, concur- rent with annexation. Seconded by Braig. Mo- tion carried 7-0. Request to Rezone - Elaine Kelly: City Manager recommending that the rezoning request for prop- erty owned by Elaine Kelly at 13910 Whistlewind Lane be tabled until the Novem- ber 3, 2008 City Council meeting. Motion by Connors to receive and file the documents and table. Seconded by Lynch. Mo- tion carried 7-0. Request for Text Amend- ment - City of Dubuque: Proof of publication on no- tice of public hearing to consider a request from the City ofo Dubuque to amend the CS Commercial Service and Wholesale, LI Light Industrial, MHI Modi- fied Heavy Industrial, and HI Heavy Industrial Dis- tricts to allow "Passenger Transfer Facility" as a per- mitted use and as a condi- tional use in the C-3 Gen- eral Commercial, C-4 ...c .aCrtILD , Purebred Rat Terrier pups 6 weeks old, 2 female: black and white, wormer $50 each. 563-552-2348 Shih-Poo puppy, blac and white male, 9 week old, 1st shots, $225 obo 72d] scinded and a new Adult Entertainment Ordinance be adopted. Motion by Connors to receive and file the documents and that the requirement that a pro- posed ordinance be con- sidered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Jones. Mo- tion carried 7-0. Assistant City Attorney Tim O'Brien provided a staff report. Le- gal consultant Scott Bergthold provided a slide presentation outlining ordi- nances and litigation on similar cases throughout the country. Motion by Jones for final consideration and passage of Ordinance No. 69-08 Amending Chapter 31, Li- censes and Miscellaneous Business Regulations, of the City of Dubuque Code of Ordinances by repealing Article X and replacing it with a new Article X, Con- taining Sections 31.140 through 31.160, Establish- ing Licensing Require- ments and Regulations for Adult Entertainment Estab- lishments within the City of Dubuque. Seconded by Voetberg. Motion carried 7-0. Carnegie Stout Public Li- brary Renovation Project: City Manager recommend- ing award of the public im- provement contracts 1-5, 7, 9, 10 and 12 contingent upon negotiation and exe- cution of an agreement with the Library Board of Trustees and the Library Foundation Board of Di- rectors and rejecting the bids and ordering re - advertisement for con= tracts 6 and 8 for the Car- negie Stout Public Library Reconstruction Project. Motion by Lynch to receive and file the documents and adopt Resolution No. 385-08 Awarding public improvement contracts for the Carnegie Stout Public Library Renovation Project and Resolution No. 386-08 Rejecting the contract bid proposals for Contract No. 6 and Contract No. 8 for the Carnegie Stout Public Library Renovation Project and order that Contract No. 6 and Contract No. 8 be re -advertised for bids. Seconded by Jones. Mo- tion carried 7-0. Dubuque Industrial Cen- ter Economic Development District: City Manager rec- ommending approval of an amendment to the Dubu- que Industrial Center Eco- nomic Development Tax Increment Financing Ordi- nance. 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. 70-08 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: October 29, 2008, and for which the charge is $420.19. ae Subscribed to before me, a Notary Public in and for Dubu9,ue County, Iowa, this J0 9t4 day of J , 20 Di . Notary Public in and for Dubuque County, Iowa. MARY K. WESTERMEYER Commission Number 154885 My Comm. F.D.XFEB. 1, 2011 IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Coun- il met in regular session at 6:30 p.m. on October 20, 2008 in the Historic Federal Building. Present: Mayor Buol, 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 >ession called for the pur- Dose of discussing such ratters which may proper- y come before the City ,,ouncil. Invocation was provided Dy Sister Mary Ann Zollman, President, BVM Center PROCLAMATIONS Sisters of Charity BVM 175th Anniversary Week (October 26 - November 1, 2008) was accepted by Sister Mary Ann Zollman, Sister of Charity, BVM, 1100 Carmel Drive; Dubu- que Weatherization Chal- lenge Day (October 25, 2008) was accepted by Laura RousselI of Black Hills Energy, Carrie Tedore of the Diamond Jo Casino, and Tom Stovall of Opera- tion: New View; Veterans Appreciation Month (No- vember 2008) was accept- ed by Glen Gassman of Io- wa Workforce Develop- ment; Be a Santa to a Se- nior Month (November 2008) was accepted by Megan Schumacher of Home Instead Senior Care. CONSENT ITEMS Motion by Lynch to re- ceive and file the docu- ments, adopt the resolu- tions, and dispose of as in- dicated. Seconded by Voetberg. Jones requested (#3) Civil Service Commis- sion Resignation be held for separate discussion. Motion carried 7-0. Minutes and Reports Submitted: Cable TV Teleprogramming Com- mission of 7/1, 8/5 and 9/1; City Council of 10/6 and 10/13; Civil Service Commission of 8/28; Housing Trust Fund Com- mittee of 6/18 and 8/22; Human Rights Commis- sion of 9/8; Plumbing Board of 10/8; Zoning Ad- visory Commission of 10/1; Zoning Board of Ad- justment of 8/28 and 9/25. Proofs of publication of City Council proceedings of September 15 and 18, 2008 and October 1, 2008 Upon motion the docu- ments were received and filed. Notice of Claims/Suits: Teri Noel for property damage; Kevin and Heath- er Sargent for vehicle 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 Pub- lic Entity Risk Services of Iowa, the agent for the Io- wa Communities Assur- ance Pool: Kevin and Heather Sargent for vehi- cle damage; Jane Spurling for vehicle damage. City Attorney recom- mending that the claim of Teri Noel for property damage be referred to Tricor Insurance and Fi- nancial Services, insurer for Fred Jackson Tuckpointing. Upon motion the docu- ments were received and filed and concurred. Civil Service Commis- sion: Loras Kluesner sub- mitting his resignation from the Civil Service Commis- sion effective immediately (October 3, 2008). Motion by Jones to receive and file the document and ac- cept the resignation. Seconded by Connors. Motion carried 7-0. Alternative Service Con- cepts (ASC) Fee Renewal - Workers' Compensation: City Manager recommend- ing approval of the renewal rates from Alternative Service Concepts (ASC) for the City's workers' compensation claims ad- ministrator. Upon motion the documents were re - a t I r1 and : an- lit Health Communication I struction aocuments ror i nay r U es. UpVii from the Iowa Department of Public Health advising that the US Public Health Service Centers for Dis- ease Control has recog- nized the City's Water De- partment staff for consis- tently maintaining the fluo- ride level in the water sys- tem within the range con- sidered optimum for the prevention of tooth decay. Upon motion the docu- ment was received and filed. Plat of Survey - Fountain Hill Subdivision No. 3: Zoning Advisory Commis- sion recommending appro- val of the Plat of Survey of Fountain Hill Subdivision No. 3, located north of Roosevelt Road, as re- w�� bow, NO'MMM I _guested by Dave CITY vy w�..... _, Schneider. Upon motion the documents were re- ceived and filed and Reso- lution No. 361-08 Approv- ing the Plat of Survey of Fountain Hill Subdivision No. 3 in the City of Dubu- que, Iowa, was adopted. Final Plat - Graf Farm Subdivision: Zoning Advi- sory Commission recom- mending approval of the Final Plat of Graf Farm Subdivision, located on Humke Road in Dubuque County, as requested by James Graf. Upon motion the documents were re- ceived and filed and Reso- lution No. 362-08 Approv- ing the final plat of Graf Farm Subdivision in Dubu- que County, Iowa, was adopted. Federal Building - Exteri- or Window Lead Abate- ment Removal and Paint- ing, and Renovated Areas Window Repair, Glass Re- placement, Interior Win- dow Lead Paint Removal and Painting Project: City Manager recommending acceptance of the Federal Building Exterior Window Lead Paint Removal and Painting, and Renovated Areas Window Repair, Glass Replacement, Interi- or Window Lead Paint Re- moval and Painting Project as completed by Tricon General Construction. Upon motion the docu- ments were received and filed and Resolution No. 363-08 Accepting the Fed- eral Building Exterior Win- dow Lead Paint Removal and Painting, and Reno- . vated Areas Window Re- pair, Glass Replacement, Interior Window'Lead Paint Removal and Painting Project was adopted. Plymouth Court Sanitary Sewer Extension Project: City Manager recommend- ing acceptance of the Ply- mouth Court Sanitary Sewer Extension Project as completed by Drew Cook & Sons Excavating Co., Inc., in the final con- tract amount of $69,792.34. Upon motion the documents were re- ceived and filed and Reso- lution No. 364-08 Accept- ing the Plymouth Court Sanitary Sewer Extension Project was adopted. Rhomberg Avenue Alley Sanitary Sewer Recon- struction Project: City Manager recommending acceptance of the Rhom- berg Avenue Alley Sanitary Sewer Reconstruction Project as completed by Top Grade Excavating, Inc., in the final contract amount of $72,962.64. Upon motion the docu- ments were received and filed and Resolution No. 365-08 Accepting the Rhomberg Avenue Alley Sanitary Sewer Extension Project was adopted. Bee Branch Creek Resto- ration Project - Purchase of Property Owned by Junnie and Rich's Coin Partnership: City Manager recommending approval of the acquisition of real es- tate owned by Junnie and Rich's Coin Partnership in connection with the Bee Branch Creek Restoration Project. Upon motion the documents were received and filed and Resolution No. 366-08 Approving the acquisition of real estate owned by Junnie and Rich's Coin Partnership in the City of Dubuque, Iowa (Lot 319); and Resolution No. 367-08 Approving the acquisition of real estate owned by Junnie and Rich's Coin Partnership in the City of Dubuque, Iowa (Lot 353) were adopted. Bee Branch Creek Resto- ration Project - Purchase of Property Owned by Mil- ton E. Schwartz: City Man- ager recommending ap- proval of the acquisition of real estate owned by Mil- ton E. Schwartz in connec- tion with the Bee Branch Creek Restoration Project. Upon motion the docu- ments were received and filed and Resolution No. 368-08 Approving the ac- quisition of real estate owned by Milton E. Schwartz in the City of Du- buque, Iowa, was adopt- ed. the Iowa Highway 32 (Southwest Arterial) Proj- ect. Upon motion the documents were received, filed, and approved. Emergency Repairs of Retaining Wall at 1695 Garfield Avenue: City Man- ager recommending ap- proval of emergency re- pairs to the retaining wall at 1695 Garfield Avenue. Upon motion the docu- ments were received and filed and Resolution No. 371-08 Authorizing emer- gency repairs to the retain- ing wall at 1695 Garfield Avenue was adopted. Seconded by Connors. Motion carried 7-0. Warehouse Cultural and Entertainment District Ap- plication: Letters of sup- port from the Arts and Cul- tural Affairs Advisory Com- mission, Dubuque Area Chamber of Commerce and the Convention and Visitors Bureau for the designation of the Ware- house District as a State Cultural and Entertainment District. Upon motion the documents were received and filed. Fiscal Year 2008 / 2009 School Resource Officer (SRO) Agreement: City Manager recommending approval of the Fiscal Year 2008 / 2009 School Re- source Officer Agreement between the City of Dubu- que Police Department and the Dubuque Com- munity School District. Upon motion the docu- ments were received, filed, and approved. General Obligation Bonds - Bee Branch Project - Series 2008A: City Manag- er recommending approval of suggested proceedings to complete the action re- quired for the issuance of not to exceed $3,885,000 General Obligation Bonds for the Bee Branch Project. Upon motion the docu- ments were received and filed and Resolution No. 372-08 Appointing Wells Fargo Bank, National As- sociation of Des Moines, Iowa, to serve as paying agent, bond registrar, and transfer agent, approving the paying agent and bond registrar and transfer agent agreement and authorizing the execution of the agree- ment; and Resolution No. 373-08 Authorizing and providing for the issuance of $3,885,000 General Ob- ligation Stormwater Bonds, Series 2008A and levying a tax to pay the bonds were adopted. General Obligation Bonds - Greater Downtown Urban Renewal District - Series 2008B: City Manager rec- ommending approval of suggested proceedings to complete the action re- quired for the issuance of $3,290,000 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. 374-08 Appointing Wells Fargo Bank, National Association of Des Moines, Iowa, to serve as paying agent, bond regis- trar, and transfer agent, approving the paying agent and bond registrar and transfer agent agree- ment and authorizing the execution of the agree- ment; and Resolution No. 375-08 Authorizing and providing for the issuance of $3,290,000 General Ob- ligations Bonds were adopted. General Obligation Bonds - Dubuque Industrial Cen- ter West Urban Renewal District - Series 2008C: City Manager recommend- ing approval of suggested proceedings to complete the action required for the issuance of $3,100,000 General Obligation Bonds to pay the costs associat- ed with the North Siegert Farm demolition and grad- ing project at the Dubuque Industrial Center West (DICW). Upon motion the documents were received and filed and Resolution No. 376-08 Appointing Wells Fargo Bank, National Association of Des Moines, Iowa, to serve as paying agent, bond regis- trar, and transfer agent, approving the paying agent and bond registrar and transfer agent agree- ment and authorizing the execution of the agree- ment; and Resolution No. 377-08 Authorizing and providing for the issuance of $2,465,000 General Ob- ligation Urban Renewal Bonds, Taxable Series 2008C, and levying a tax to pay the bonds were adopted. Water Revenue Bonds - Series 2008D: City Manag- er recommending approval of suggested proceedings to complete the action re- quired for the issuance of $1,195,000 Water Revenue Bonds. Upon motion the the documents were re- ceived, filed, and ap- proved. Public Service Announce- ment (PSA) Agreement - Lamar Companies: City Manager recommending approval of a Public Serv- ice Announcement Agree- ment with Lamar Compa- nies. Upon motion the documents were received, filed, and approved. Lease Agreement with Lamar Companies: City Manager recommending approval of a Lease Agree- ment with the Lamar Com- panies to allow them to re- main on the Bricktown parking lot recently pur- chased by the City. Upon motion the documents were received, filed, and approved. Iowa Department of Pub- lic Health (IDPH) Child- hood Lead Poisoning Funding: City Manager recommending execution of a contract with the Du- buque County Board of Health for continued fund- ing of the Childhood Lead Poisoning Prevention Pro- gram (CLPPP) and a re- newed agreement with the Visiting Nurse Association (VNA) for services related to the CLPPP. Upon mo- tion the documents were received, filed, and ap- proved. Government Finance Offi- cers Association: Commu- nication from the Govern- ment Finance Officers As- sociation advising that Budget Director Jennifer M. Larson has been pre- sented the Distinguished Budget Presentation Award. Upon motion the documents were received and filed. Business License Refund: Request of L. Anthony Pfohl for a refund of the liquor license of The Julien Inn. Upon motion the documents were received, filed, and approved. Business Licenses: City Manager recommending approval of annual liquor license renewals as sub- mitted. Upon motion the documents were received and filed and Resolution No. 380-08 Granting the issuance of one new per- mit to sell cigarettes and cigarette papers to Awn Stop Mart #3; Resolution No. 331-08 Granting the issuance of a Class "B" Beer Permit to Happy Joe's and a Class "C" Beer Permit to Big 10 Mart and Awn Stop Mart #3; and Resolution No. 382-08 Granting the issuance of a Class "C" Beer/Liquor Li- cense to Jumper's Sports Bar, Channel Inn Restau- rant, Rainbow Lounge, L. May, Europa Haus and Bierstube, and Fiesta Cancun Mexican Restau- rant 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. First Amendment to Cooper Development, LLC Development Agreement: City Manager recommend- ing that a public hearing be set for November 3, 2008 on the loan assump- tion and the First Amend- ment to Agreement with Cooper Development, LLC to maintain the "Brick - town" parking lot located at the southeast corner of 3rd Street and Locust Street. Upon motion the documents were received and filed and Resolution No. 383-08 Fixing date for a meeting on the authori- zation of a Loan Agree- ment between the City of Dubuque and Dubuque In- itiatives and providing for publication of notice there- of was adopted setting a public hearing for a meet- ing to commence at 6:30 p.m. on November 3, 2008 in the Historic Federal Building. Fire Headquarters Green Roof Project: City Manager recommending initiation of the public bidding process for the Fire Headquarters Green Roof Project and that a public hearing lie set for November 3, 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. 384-08 Prelimi- nary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing and ordering bids for the Fire Headquarters Green Roof Project was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on November 3, 2008 in the Historic Federal Building. BOARDS/COMMISSIONS Upon motion the rules were suspended allowing anyone to address the City Council. Request to Rezone - Vari- ous Properties on Univer- sity Avenue: Proof of publi- cation on notice of public hearing to consider a re- quest from Carol Steckel to rezone property located at 2624, 2635, 2635 1/2, 2638, 2644, 2645, 2648, 2649, 2653, 2654, 2661, 2662, 2665, 2670, 2685, 2688, 2691, 2696, 2698, 2714 University Avenue and Lots 1-7,8 and 9 of Lenox Addition and Zoning Advisory Commission rec- ommending approval with the condition that Lots 1-7, 8 and 9 of Lenox Addition be excluded. Motion by Connors to receive and file the documents and that the requirement that a pro- posed ordinance be con- sidered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Jones. Carol Steckle, 2645 University; Audrey Yarnell, 2653 Uni- versity Avenue; Mary Kass, 2617 Van Buren Avenue; Ashley Glick, 2662 Univer- sity Avenue, spoke in sup- port of rezoning the totality of properties to R1 Resi- dential. Greg Prehm, Du- buque Property Manage- ment, 243 W. 11th Street, spoke in opposition to rezoning Lots 1-7, 8 and (2635 and 2635 1/2 Univer- sity) from R-2 to R-1 as he was the owner of this property and was in the process .of building a du- plex on it. Planning Serv- ices Manager Laura Carstens and Zoning Advi- sory Commission Chair- person Jeff Stiles provided a staff report. Council dis- cussed that the area had been zoned R-2 for over twenty years and that they did hot condone a request from neighbors to rezone another person's property. Motion by Connors for fi- nal consideration and pas- sage of Ordinance No. 63- 08 Amending Appendix A (the Zoning Ordinance) of the :City of Dubuque Code of Ordinances by reclassi- fying hereinafter described property located at 2624, 2638, 2644, 2645, 2648, 2649, 2653, 2654, 2661, 2662, 2665, 2670, 2685, 2688, 2691, 2696, 2698, 2714 University Avenue from R-2 Two -Family Resi- dential District to R-1 Single -Family Residential District. Seconded by Jones. Motion carried 7-0. Request to Rezone - Grady Family Trust / Betty Pothoff: Proof of publica- tion on notice of public hearing to consider a re- quest from Grady Family Trust / Betty Pothoff to rezone property located on Middle Road, west of Seippel Road, from County R-2 to City AG Agricultural with an RROD Rural Resi- dential Overlay designa- tion, in conjunction with annexation, and Zoning Advisory Commission rec- ommending approval. Mo- tion by Lynch 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 Voet- berg. Planning Services Manger Laura Carstens provided a staff report and spoke on behalf of the ap- plicants. Motion carried 6- 0. Council Member Jones having left the chambers. Motion by Lynch for final consideration and passage of Ordinance No. 64-08 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassify- ing hereinafter described property located north of Middle Road from Dubu- que County R-2 Single - Family Residential District to City of Dubuque AG Ag- ricultural District with an RROD Rural Residential Overlay District Designa- tion, concurrent with an- nexation. Seconded by Voetberg. Motion carried 6-0. Council Member Jones then returned to the chambers. Request to Rezone - Al and Theresa Merkes: Proof of publication on notice of public hearing to consider a request from Al and Theresa Merkes to rezone property located on Middle Road, west of Seippel Road, from County R-1, R- 2 and C-1 to City AG Agri- cultural with an RROD Ru- ral Residential Overlay designation, in conjunction with annexation, and Zon- ing Advisory Commission recommending approval. Motion by Connors to re- ceive and file the docu- ments and that the re- quirement that a proposed ma star report. - Motion by Lynch for final consideration and passage of Ordinance No. 66-08 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassify- ing hereinafter described property located at 15615 Middle Road from Dubu- que County R-1 Rural Res- idential District to City of Dubuque AG Agricultural District with an RROD Ru- ral Residential Overlay Dis- trict designation, concur- rent with annexation. Seconded by Braig. Mo- tion carried 7-0. Request to Rezone - Elaine Kelly: City Manager recommending that the rezoning request for prop- erty owned by Elaine Kelly at 13910 Whistlewind Lane be tabled until the Novem- ber 3, 2008 City Council meeting. Motion by Connors to receive and file the documents and table. Seconded by Lynch. Mo- tion carried 7-0. Request for Text Amend- ment - City of Dubuque: Proof of publication on no- tice of public hearing to consider a request from the City of Dubuque to amend the CS Commercial Service and Wholesale, LI Light Industrial, MHI Modi- fied Heavy Industrial, and HI Heavy Industrial Dis- tricts to allow "Passenger Transfer Facility" as a per- mitted use and as a condi- tional use in the C-3 Gen- eral Commercial, C-4 Downtown Commercial and the C-5 Central Busi- ness Districts and Zoning Advisory Commission rec- ommending approval. Attorney Mike Coyle, 200 Security Building, and rep- resenting Bill Alfredo own- er of U.S. Cellular, 265 W. ;1st Street; Connie Schute, owner of the Jewelry Box, 245 W. 1st Street; and Cheryl Callahan, owner of Callahan Photography, 249 W. 1st Street, spoke in opposition to the proposed ordinances. Dave McDermott, Burlington/ Trailways Manager, 253 W. 1st Street; and Dan LoBianco, Director, Dubu- que Main Street, 1069 Main Street, spoke in sup- port of the proposed ordi- nances. Planning Services Manager Laura Carstens provided a staff report. Po- lice Chief Kim Wadding spoke regarding traffic en- forcement issues in the area of First and Locust Streets where Burlington/ Trailways is currently oper- ating. Motion by Lynch 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 Connors. Motion carried 6- 1 with Voetberg voting nay. Motion by Lynch for final consideration and passage of Ordinance No. 67-08 Amending Sections 3- 3.3(D), 3-3.4(D) and 3- 3.5(D) of Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by adding passenger transfer facili- ties as a conditional use In the C-3 General Commer- cial, C-4 Downtown Com- mercial and C-5 Central Business Districts. Seconded by Braig. Mo- tion carried 5-2 with Voetberg and Jones voting nay. Motion by Jones 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 Voetberg. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 68-08 Amending Sections 3- 3.6(B), 3-4.1(B), 3-4.2(B) and 3-4.4(B) of Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by adding passenger transfer facili- ties as a permitted use in the CS Commercial Serv- ice and Wholesale, LI Light Industrial, HI Heavy Indus- trial and MHI Modified Heavy Industrial Districts. Seconded by Voetberg. Motion carried 7-0. Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Request to Address the City Council - Brian Dorn: Communication from Brian Dorn to address the City Council regarding the Groveland Place Project. City Council was informed that Mr. Dorn withdrew his request by written commu- ���o� o„ri rhST ,r,r M Foundation Board of Di- rectors and rejecting the bids and ordering re - advertisement for con- tracts 6 and 8 for the Car- negie Stout Public Library Reconstruction Project. Motion by Lynch to receive and file the documents and adopt Resolution No. 385-08 Awarding public improvement contracts for the Carnegie Stout Public Library Renovation Project and Resolution No. 386-08 Rejecting the contract bid proposals for Contract No. 6 and Contract No. 8 for the Carnegie Stout Public Library Renovation Project and order that Contract No. 6 and Contract No. 8 be re -advertised for bids. Seconded by Jones. Mo- tion carried 7-0. Dubuque Industrial Cen- ter Economic Development District: City Manager rec- ommending approval of an amendment to the Dubu- que Industrial Center Eco- nomic Development Tax Increment Financing Ordi- nance. 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. 70-08 Amending Ordinance No. 66-97, Providing that gen- eral property taxes levied and collected each year on all property located within the Amended and Restat- ed Dubuque Industrial Cehter Economic Develop- ment District Urban Re- newal Area of the City of Dubuque, County of Dubu- que, State of Iowa, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubu- que Community School District, and other taxing districts, be paid to a spe- cial fund for payment of principal and interest on loans, monies advanced to and indebtedness, includ- ing bonds issued or to be issued, incurred by said City in connection with the Amended and Restated Dubuque Industrial Center Economic Development District Urban Renewal Redevelopment Project. Seconded by Voetberg. Motion carried 7-0. Door -to -Door Sales Li- cense Ordinance: City Manager recommending adoption of a licensing re- quirement for door-to-door sales. Motion by Connors to receive and file the documents and that the requirement that a pro- posed ordinance be con- sidered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Jones. Mo- tion carried 7-0. Motion by Connors for fi- nal consideration and pas- sage of Ordinance No. 71- 08 Establishing the re- quirement of a license for engaging in door-to-door sales. Seconded by Braig. Motion carried 7-0. National League of Cities: Communication from the National League of Cities requesting that the City name a voting delegate and alternate for the up- coming Congress of Cities Annual Business Meeting. Motion by Lynch to ap- point Council Member Joyce Connors as the vot- ing delegate for the Na- tional League of Cities Congress of Cities Annual Business Meeting. Seconded by Voetberg. Motion carried 7-0. COUNCIL MEMBER REPORTS Resnick reported that there will be a concert on October 21, 2008 at Clark College in conjunction with Dubuque's 175th Anniver- sary Celebration. Connors reported on how encouraged she was after a conversation with young students and their com- ments regarding "adaptive reuse" of a local coffee shop building. At the request of the City Manager, Jones moved to reconsider Consent Item #20 Emergency Repairs o1 Retaining Wall at 1695 Garfield Avenue: City Man- ager recommending ap- proval of emergency re- pairs to the retaining wal at 1695 Garfield Avenue Seconded by Connors Motion carried 7-0 Motion by Jones to re• ceive and file the docu. ments and adopt Resolu. tion No. 371-08 Authoriz. ing emergency repairs tc the retaining wall at 169: Garfield Avenue Seconded by Connors City Manager's memo pre