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Proof of Publication_City Council Proceedings 11 3 08report and spoke on behalf Connors to receive and file Braig provided a commu- of the applicant. Motion the documents and that nication she received re- carried 7-0. the requirement that apro- questing the City of Dubu- Motion by Connors for fi- posed ordinance be con- que register with the May- nal consideration and pas- sidered and voted on for ors for Peace and read the sage of Ordinance No. 72- passage at two Council cover letter from the Mayor 08 Amending Appendix A meetings prior to the of Hiroshima, Japan. (the Zoning Ordinance) of meeting at which it is to be There being no further the City of Dubuque Code l i f O di b passed be suspended. r P ki t i S S business, upon motion the adjourned at 8:08 meetin - r nances y rec ass o fying hereinafter described ar ng em uperv so ys Tim Horsfield responded g p.m. property, located at 13910 to questions from the /s/Kevin S. Firnstahl Whistlewind Lane from Council. Seconded by Assistant City Clerk County R-1 Rural Residen- Jones. it 11/12 tial District, R-2 Single- Motion by Connors for fi- Family Residential District nal consideration and pas- and C-1 Conservancy Dis- sage of Ordinance No. 74- trict to City of Dubuque CR 08 Amending City of Du- Commercial Recreation buque Code of Ordinances District, concurrent with Section 32-321.621 Park- annexation. Seconded by ing Violations - Fines to Braig. Motion carried 7-0. provide that a ticket shall Fire Headquarters Green become delinquent if not Roof Project: Proof of pub- paid within seven (7) cal- lication of notice of public endar days from the date hearing consider approval of issuance. Seconded by of the plans and specifica- Voetberg. Motion carried lions, form of contract and 7-0. estimated cost for the Fire Disabled Parking Regula- Headquarters Green Roof lions: City Manager rec- Project and City Manager ommending approval of a recommending approval. proposed ordinance to Motion by Jones to receive provide more specific reg- and file the documents ulations regarding proper and adopt Resolution No. parking in designated dis- 396-08 Approving plans, abled parking spaces. Mo- specifications, form of lion by Braig to receive contract, and estimated and file the documents cost for the Fire Headquar- and that the requirement ters Green Roof Project. that a proposed ordinance Seconded by Connors. be considered and voted City Engineer Gus on for passage at two Psihoyos and Durrant Council meetings prior to Group Architect, Chris the meeting at which it is Wand, responded to ques- to be passed be suspend- tions regarding cost, land- ed. Seconded by Jones. soaping, and access to Upon questioning by and visibility of the roof. Council, Parking System Motion carried 7-0. Supervisor Tim Horsfield REINSTATE THE RULES stated that in response to Upon motion the rules concerns raised by Proud- were reinstated limiting ly Accessible Dubuque, discussion to the City clarification was needed in Council. ACTION ITEMS the ordinance regarding il- l l ki i h fi Convention and Visitors ega par ng n t e ve- foot, marked access aisle Bureau: Dubuque Area next to disabled parking Chamber of Commerce spaces. Horsfield also Convention and- Visitors stated that this would not Bureau Director Sue result in double ticketing Czeshinski presented the should someone illegally Bureau's quarterly report. park across both the des- Motion by Lynch to receive ignated space and the ac- and file the documents. cess aisle. Motion carried Seconded by Connors. 7-0. CVB Director Sue Motion by Braig for final Czeshinski, 300 Main consideration and passage Straet, highlighted the Bu- of Ordinance No. 75-08 reau's successes and proj- Amending City of Dubuque ects. She demonstrated Code of Ordinances Sec- the new video business lion 32-321.705 Prohibited card concept and informed Use of Parking Places or Council that Dubuque took Identification Devices by in $253 million in tourism adding a paragraph on the dollars, which surpasses manner of parking in ac- the 2009 projection. Ms. cessible parking stalls. Czeshinski also informed Seconded by Resnick. Council that she was leav- Motion carried 7-0. ing the CVB to accept a Animal Ordinance position at Loras College. Changes: City Manager Upon questioning by recommending approval of Council, Ms. Czeshinski changes to the Animal Or- STA t ~ 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: November 12, 2008, and for which the charge is $242.21. Subscribed to before me )Notary Public in and for Dubu e County, Iowa, this ~ day of r ~" ~ , 20 ~~. /~~?~~ N ary Public in and for Dubuque ounty, Iowa. 4, ' ~~ MARY K. yVES7Erik1EYER ~~~ ' Commission Number 154885 `~ My Comm 1=XD. FEB. 1, 2011 o«^ CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Cou cil met in regular sessi at 6:30 p.m. on Novemb 3, 2008 in the Histor Federal Building. Present: Mayor Bu Council Members Brai Connors, Jones, Lync Resnick, Voetberg, C' Manager Van Milligen, C Attorney Lindahl Mayor Buol read the c and stated this is a regu session called for the p pose of discussing su matters which may prop ly come before the Council. Invocation was provi by Father Dwa Thoman, Nativity Cath Church PROCLAMATIONS Philanthropy Day vember 15, 2008) was cepted by We Scardino of 1998 N Star Drive; National H pice Month (Nove 2008) was accepted Carole Carroll of Hos of Dubuque, 2255 Joh Kennedy. CONSENT ITEMS Motion by Lynch to ceive and file the d ments, adopt the re lions, and dispose of a dicated. Seconded Voetberg. Motion car 7-0. Minutes and Re Submitted: City Coun 10/20 and 10/28; Service Commission documents were received terms and filed and made amat- Conn ter of record. Mediacom: Communica- 0. lion from Lee Grassley, P Senior Manager of Gov- U I ernment Relations, advis- were ing that Mediacom will be anyo adding three channels to Cou _ the digital plus lineup. W Upon motion the docu- nexa ment was received and hear filed. Cable TV Teleprogram- nex ming Commission: Com- 643 munication from Tom road McDonough submitting his wes resignation from the Cable City • TV Teleprogramming Com- ing .,i mission effective immedi- the . ately. Upon motion docu- ceiv ment was received and filed and resignation ac- Cit cepted. Consultant Agreement - tha Wireless Facility Ordinance Sa and Leases: City Manager Sa recommending approval of su n_ an agreement with The for on Center for Municipal Solu- to t er lions to assist the City in M is regulating towers and Re wireless facilities and that pr ol, the Resolution of Interim th g Application for Wireless ce h Telecommunications Fa- qu ity cilities be renewed for an dit' ity additional ninety days. er Upon motion the docu- th all ments were received and sa' lar filed and Resolution No. V ur- 389-OS Amending Resolu- is ch lion No. 238-08 which C er- adopted an interim appli- re City cation process for wireless A telecommunication facili- s ded ties by extending the inter- m yne im application process un- 0. olic til February 1, 2009, was C adopted. Crescent Community D No- Health Center: Historic P Preservation Commission ti ac- communication to Julie c ndy Woodyard, Crescent Com- ti orth_ munity Health Center, ad- °S vising that the Commission tuber approves the proposed in- f by terior build-out of the final I pice 1600 square feet of interior n F. space of the former Dubu- que Casket Company re- Building located at 1789 ocu- Elm Street. Upon motion the document was re- t solu- ceived and filed. s in- Riverside Marina Project: by Historic Preservation Com- ried mission communication to ports Martin Konrad, Iowa De- cil of Partment of Natural Re- Civil sources, advising that the of Commission supports the aion Riverside Marina Project in ,; In- the Port of Dubuque and requesting that the Com- mission be consulted in the initial schematic design of the buildings. Upon mo- tion the document was re- ceived and filed. Iowa 32 Bike/Hike Trail - Phases 2 and 3: City Man- ager recommending ap- proval of federal funding requests submitted for Phases 2 and 3 of the Io- wa 32 Bike/Hike Trail. Upon the motion the docu- ments were received, filed and approved. Washington Neighbor- hood /Housing Trust Fund Application: City Manager recommending approval of the submission of an appli- cation to the Iowa Finance Authority for support of the City's Homeownership Grant Program. Upon mo- tion the documents were received and filed and Resolution No. 390-08 Ap- proving commitment of matching funds for an ap- plication to the Iowa Fi- nance Authority (IFA) for State Housing Trust Funds, was adopted. Quarterly Investment Re- port: City Manager trans- ors. Motion carried 7- ~ o UBLIC HEARINGS s pon motion the rules d suspended allowing e ne to address the City { ncil. est Side Voluntary An- ti lion: Proof of publica- on notice of public ing to consider the an- ation of approximately acres (not including right-of-way) on the t side of Dubuque and Manager recommend- approval. Upon motion documents were re- ed and filed. Communication from mes Adams, Mayor - y of Asbury, advising t property owners on ndwedge Drive and ndwedge Court have omitted "Applications Voluntary Annexation" he City of Asbury. otion by Jones to adopt solution No. 394-08 Ap- oving applications for e voluntary annexation of rtain territory in Dubu- e County, Iowa and ad- ional land whose own- s have not consented to e voluntary annexation of id land. Seconded by oetberg. Planning Serv- es Manger Laura arstens provided a staff port. Beth Bonson, City dministrator of Asbury, poke in support of the easure. Motion carried 7- First Amendment to ooper Development, LLC evelopment Agreement: roof of publication on vo- ce of public hearing to onsider a loan assump- on and the First Amend- ment to Agreement with Cooper Development, LLC or the "Bricktown" parking of located at the south- east corner of 3rd Street and Locust Street and City Manager recommending approval. Motion by Connors to receive and file he documents and adopt Resolution No. 395-OS Ap- proving an Amendment t Agreement with Coope Development Company LLC in regard to the park ing lot located at th southeast corner of 3r Street and Locust Street Seconded by Braig. Mo lion carried 7-0. Request to Rezone 13910 Whistlewind Lan (Tabled on October 2 2008): Proof of publicatio on notice of public hearin to consider a request fro Elaine Kelly to rezon property located at 1391 Whistlewind Lane fro County R-1 Rural Reside tial District, R-2 Singl Family Residential Distri and C-1 Conservancy Di trict to City of Dubuque Commercial Recreati District, in conjunction wi annexation, and Zoni Advisory Commission r ommending approval. M lion by Connors to remo the item from the tab Seconded by Voetbe Motion carried 7-0. Motion by Lynch to ceive and file the do ments and that the quirement that a propo ordinance be conside and voted on for pass at two Council meeti prior to the meeting which it is to be passed suspended. Seconded Connors. Planning S ices Manger L Carstens provided a utside a 50-mile radius, th avel data provided by b~ fate surveys, and confi- fil ential information collect- th d from the Welcome Cen- pi er. Council offered their c~ hanks and congratula- fc ons. Motion carried 7-0. n Citizen Request: Char n Eddy requesting to ad- p dress the City Council to S submit a petition to pro= ~ vide winter maintenance on any public right-of-way c street or alley) which bl- c sects a school's property. C Motion by Voetberg to re- ~ ceive and file and refer to F staff. Seconded by Connors. Char Eddy, 565 L Sunset Ridge, provided an 1 oral report and responded i to questions from the Council. Voetberg asked that staff confirm the num- ber of schools affected, provide an approximated cost, and check on other City policy issues that might be involved. Braig suggested that adjacent neighbors be involved. Motion carried 7-0. Development Agreement with Interstate Buildingg, LLLP and WS Live, LLC: City Manager recommend- ing approval of a Develop- ment Agreement with In- terstate Building, LLLP and WS Live, LLC to provide incentives to retain 122 employees of WS Live, LLC in Dubuque and for the creation of an addition- al 28 positions. Motion by Lynch to receive and file the documents and adopt Resolution No. 397-OB Ap- proving a Development Agreement with Interstate Building, LLLP and WS Live, LLC. Motion carried 7-0. Parking Meter District - Requested Expansion: City Manager recommending approval of the expansion of the downtown parking meter district to include parking meters on the south side of 11th Street from White Street to Washington Street as re- o quested by Dallas Kalmes, r d/b/a Kalmes Breaktime Bar 8 Grill. Motion by Connors to receive and file e the documents and that d the requirement that a pro- posed ordinance be corn - sidered and voted on foi passage at two Counci meetings prior to the e meeting at which it, is to bf 0, passed be suspended n Upon questioning b g Lynch, Parking Syster m Supervisor Tim Horsfiel~ e and City Manager Va 0 Milligen responded t rn questions from the Cour n- cll. Seconded by Jone: e- Motion carried 7-0. ct Motion by Connors for i s- nal consideration and pa: CR sage of Ordinance No. 7; on 08 Amending City of Di th buque Code of Ordinancf ng Section 32-321.666 M~ ec- nicipal Parking Meter Di o- trict Established by addii ve Eleventh Street (sou le. side) from White Street rg, Washington Street as Municipal Parking Meg re- District. Seconded cu- Voetberg. Motion Carrie re- 7-0. sed Parking Fines - Del red quent Definition: City Ms age ager recommending ngs proval of an ordinar at amendment to better c be fine that a parking tic by shall become delinquer erv- not paid within seven c aura endar days from the d staff of issuance. Motion sough PetData. Motion Jones to receive and the documents and at the requirement that a oposed ordinance be ~nsidered and voted on r passage at two Council eetings prior to the eeting at which it is to be 3ssed be suspended. aconded by Connors. lotion carried 7-0. Motion by Jones for final ~nsideration and passage f Ordinance No. 76-OS ity of Dubuque Code of irdinances by repealing .hapter 7 Animals and owl and adopting a new ;hapter 7 Animals and owl in lieu thereof provid- ig restrictions on main- aining livestock and the storage of animal food; >rohibiting the harboring ~f a vicious dog or cat; providing for the licensing if dogs and cats; estab- ishing requirements for ra- oies control; prohibiting the keeping of dangerous animals; and establishing procedures far the decla- ration of potentially vicious dogs. Seconded by Lynch. Motion carried 7-0. Downtown Design Guide- lines Work Session: City Manager requesting that a work session be sched- uled regarding the Down- town Design Guidelines on November 24th at 6:30 p.m. or December 1st at 5:00 p.m. Motion by Connors to receive and file the document and set the date for December 1, 2008 at 5:00 p.m. in the Historic Federal Building. Seconded by Lynch. Mo- tion carried 7-0. Sustainable Dubuque Ini- tiative WoCk Session: City Manager submitting infor- mation on the Sustainable Dubuque Initiative and re- questing that a work ses- sion be scheduled on No- vember 17th or December 15th at 5:00 p.m. Motion by Connors to receive and file the documents and set the date for November 17, 2008 at 5:00 p.m. in the Historic Federal Building. Seconded by Lynch. Mo- tion carried 7-0. 2009 Legislative Priori- ties: City Manager recom- mending approval of the 2009 Legislative Priorities. Motion by Jones to receive and file the documents and approve. Seconded by Voetberg. Motion carried 7-0. i .City of Dubuque Re- I ceives Award from Interna- l tional Economic Develop- ~ ment Council: Press re- - lease announcing that the City of Dubuque is receiv- ing the 2008 Excellence in - Economic Development Awards Honorable Men- tion in recognition of the i- America's River Project s public/private partnerships i- from the International Eco- nomic Development Coun- g cll. Motion by Lynch to re- h ceive and file the docu- [o ment. Seconded by Jones. a Motion carried 7-0. er COUREPORTSBER ~y d Jones reported his and the Mayor's attendance at n- the recent Dubuque n- Weatherization Challenge p- event and thanked the ce Mayor for his participation. le- Buol stated that the Du- cet buque Weatherization t if Challenge was one reason al- Dubuque is an All America ate City and thanked the many vestment Oversight Advi- sory Commission of 10/22; Zoning Advisory Commis- sion of 10/22. Library Board of Trustees Update from the meeting of September 25, 2008; In- vestment Oversight Advi- sory Commission 62nd Quarterly Report; and Proofs of publication of City Council Proceedings of October 6 and 13, 2008, and List of Claims and Summary of Revenues for month ending September 30, 2008. Upon motion the docu- ments were received and filed. Asbury Business Park - Acceptance of Easement: City Manager recommend- ing approval of the accept- ance of the easement for sanitary sewer lift stations, force main, storm sewer, watermain, streets and public utilities in Asbury Business Park from Motor City, LLC. Upon motion the documents were re- ceived and filed and Reso- lution No. 387-08 Accept- ing the grant of an ease- rrient for sanitary sewer lift stations, force main, storm sewer, water main, streets and public utilities in As- bury Business Park in the City of Dubuque, was adopted. Investment Policy Revi- sions: City Manager rec- ommending approval of updates to the City of Du- buque Investment Policy. Upon motion the docu- ments were received and filed and Resolution No. 388-08 Adopting the City of Dubuque Investment Policy, was adopted. Water Pollution Control Plant Design: City Manag- er recommending approval of the selection of Strand Associates/IIW for design engineering and construc- tion services for the Water Pollution Control Plant im- provements. Uponmotion the documents were re- ceived, filed and approved. Sanitary Sewer Installa- tion - 1195 Thomas Place: City Manager recommend- ing approval of an agree- ment with Anna Kim, the current ' owner of 1195 Thomas Place, for her to do some home repairs and the City to extend sanitary sewer service. Upon mo- tion the documents were received, filed and ap- proved. Civil Service Commis- sion: Civil Service Com- mission submitting the certified list for the posi- tions of Bus Operator and Laborer. Upon motion the documents were received and filed and made a mat- ter of record. Mediacom: Communica- tion from Lee Grassley, Senior Manager of Gov- ernment Relations, advis- ing that Mediacom will be adding three channels to the digital plus -lineup. Upon motion the docu- ment was received and filed. Cable TV Teleprogram- ming Commission: Com- munication from Tom McDonough submitting his resignation from the Cable TV Teleprogramming Com- mission effective immedi- ately. Upon motion docu- ment was received and filed and resignation ac- cepted. mitting the Quarterly In- vestment Report for the period ending September 30, 2008. Upon motion the documents were received and filed. Historic Preservation Commission Vacancy: City Manager advising that His- toric Preservation Com- mission Interim Commis- sioner Pam Cleek passed away while on vacation in Tennessee. Upon motion the document was re- ceived and filed. Upgrade of Dubuque Greyhound Park and Casi- no Facility: City Manager recommending approval of a $10 million renovation project at Dubuque Grey- hound Park and Casino. Upon motion the docu- ments were received and filed. Business License Appli- cations: 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. 391-08 Granting the issu- ance of one permit to sell cigarettes and cigarette papers to A & B Tap; Res- olution No. 392-08 Grant- ing the issuance of a Class "C" Beer Permit to Kwik Stop Food Mart and Aldi, Inc. and Resolution No. 393-08 Granting the issu- ance of a Class "C" Beer/Liquor License to Aragon Tap and Yen Ching Restaurant; Class "B" Wine Permit to Aldi, Inc.; and a Class "WBN" Native Wine to Kwik Stop Food Mart, were adopted. BOARDS/COMMISSIONS Applicants are invited to address the City Council regarding their desire to serve on the following Boards/Commissions. Civil Service, Commission: One 4-year term through April 6, 2010 (Term of Kluesner). Applicants: James Schil- ling, 3283 Bittersweet Lane and John Stevens, 2215 Graham Circle. Mr. Schilling spoke in support of his appointment and Mr. Stevens withdrew his ap- plication for appointment. Appointment to the fol- lowing Boards. Plumbing Board: Two 3-year terms through November 2, 2011 (Master Plumber Require- ment, Terms of Gonner and Willenborg). Appli- cants: Stanley Gonner, 485 O'Neill Street; Harlan Willenborg, 3254 Lake Ridge Drive. Motion by Braig to appoint Stanley Gonner and Harlan Willenborg to three-year terms through November 2, 2011. Seconded by Connors. Motion carried 7- 0. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone to address the City Council. West Side Voluntary An- nexation: Proof of publica- tion on notice of public hearing to consider the an- nexation of approximately 643 acres (not including road right-of-way) on the west side of Dubuque and City Manager recommend- ing approval. Upon motion the documents were re- ceived and filed. Communication from James Adams, Mayor - City of Asbury, advising report and spoke on behalf of the applicant. Motion carried 7-0. Motion by Connors for fi- nal consideration and pas- sage of Ordinance No. 72- 08 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassi- fying hereinafter described property, located at 13910 Whistlewind Lane from County R-1 Rural Residen- tial District, R-2 Single - Family Residential District and C-1 Conservancy Dis- trict to City of Dubuque CR Commercial Recreation District, concurrent with annexation. Seconded by Braig. Motion carried 7-0. Fire Headquarters Green Roof Project: Proof of pub- lication of notice of public hearing consider approval of the plans and specifica- tions, form of contract and estimated cost for the Fire Headquarters Green Roof Project and City Manager recommending approval. Motion by Jones to receive and file the documents and adopt Resolution No. 396-08 Approving plans, specifications, form of contract, and estimated cost for the Fire Headquar- ters Green Roof Project. Seconded by . Connors. City Engineer Gus Psihoyos and Durrant Group Architect, Chris Wand, responded to ques- tions regarding cost, land- scaping, and access to and visibility of the roof. Motion carried 7-0. REINSTATE THE RULES Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Convention and Visitors Bureau: Dubuque Area Chamber of Commerce Convention and Visitors Bureau Director Sue Czeshinski presented the Bureau's quarterly report. Motion by Lynch to receive and file the documents. Seconded by Connors. CVB Director Sue Czeshinski, 300 Main Street, highlighted the Bu- reau's successes and proj- ects. She demonstrated the new video business card concept and informed Council that Dubuque took in $253 million in tourism dollars, which surpasses the 2009 projection. Ms. Czeshinski also informed Council that she was leav- ing the CVB to accept a position at Loras College. Upon questioning by Council, Ms. Czeshinski stated that figures are cal- culated from event gate counts of travelers from outside a 50-mile radius, travel data provided by state surveys, and confi- dential information collect- ed from the Welcome Cen- ter. Council offered their thanks and congratula- tions. Motion carried 7-0. Citizen Request: Char Eddy requesting to ad- dress the City Council to submit a petition to pro-' vide winter maintenance on any public right-of-way (street or alley) which bi- sects a school's property. Motion by Voetberg to re- ceive and file and refer to staff. Seconded by Connors. Char Eddy, 565 Sunset Ridge, provided an oral report and responded 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. Parking System Supervisor Tim Horsfield responded to, questions from the Council. Seconded by Jones. Motion by Connors for fi- nal consideration and pas- sage of Ordinance No. 74- 08 Amending City of Du- buque Code of Ordinances Section 32-321.621 Park- ing Violations - Fines to provide that a ticket shall become delinquent if not paid within seven (7) cal- endar days from the date of issuance. Seconded by Voetberg. Motion carried 7-0. Disabled Parking Regula- tions: City Manager rec- ommending approval of a proposed ordinance to provide more specific reg- ulations regarding proper parking in designated dis- abled parking spaces. Mo- tion by Braig 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 Jones. Upon questioning by Council, Parking System Supervisor Tim Horsfield stated that in response to concerns raised by Proud- ly Accessible Dubuque, clarification was needed in the ordinance regarding il- legal parking in the five- foot, marked access aisle next to disabled parking spaces. Horsfield also stated that this would not result in double ticketing should someone illegally park across both the des- ignated space and the ac- cess aisle. Motion carried 7-0. Motion by Braig for final consideration and passage of Ordinance No. 75-08 Amending City of Dubuque Code of Ordinances Sec- tion 32-321.705 Prohibited Use of Parking Places or Identification Devices by adding a paragraph on the manner of parking in ac- cessible parking stalls. Seconded by Resnick. Motion carried 7-0. Animal Ordinance Changes: City Manager recommending approval of changes to the Animal Or- dinance which are required for the Conversion to sell- ing ' animal licenses through PetData. 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 Connors. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 76-08 City of Dubuque Code of Ordinances by repealing Chapter 7 Animals and Fowl and adopting a new Chapter 7 Animals and Fowl in lieu thereof provid- ing restrictions on main- Braig provided a commu- nication she received re- questing the City of Dubu- que register with the May- ors for Peace and read the cover letter from the Mayor of Hiroshima, Japan. There being no further business, upon motion the meeting adjourned at 8:08 p.m. /s/Kevin S. Firnstahl Assistant City Clerk 1t 11/12 this kW day of 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: November 12, 2008, and for which the charge is $242.21. Pc% Subscribed to before me,Notary Public in and for Dubue County, Iowa, , 201%1J . N'•.'ary Public in and for Dubuque ounty, Iowa. MARY K. WESTERMEYER Commission Number 154885 My Comm. Fxp, FEB. 1, 2011 Investment roiicy new sions: City Manager rec- ommending approval of updates to the City of Du- buque Investment Policy. Upon motion the docu- ments were received and filed and Resolution No. 388-08 Adopting the City of Dubuque Investment Policy, was adopted. Water Pollution Control Plant Design: City Manag- er recommending approval of the selection of Strand Associates/IIW for design engineering and construc- tion services for the Water Pollution Control Plant im- provements. Upon motion the documents were re- ceived, filed and approved. Sanitary Sewer Installa- tion - 1195 Thomas Place: City Manager recommend-• ing approval of an agree- ment with Anna Kim, the current ` owner of 1195 Thomas Place, for her to do some home repairs and the City to extend sanitary sewer service. Upon mo- tion the documents were received, filed and ap- proved. Civil Service Commis- sion: Civil Service Com- mission submitting the certified list for the posi- tions of Bus Operator and Laborer. Upon motion the documents were received and filed and made a mat- ter of record. Mediacom: Communica- tion from Lee Grassley, Senior Manager of Gov- ernment Relations, advis- ing that Mediacom will be adding three channels to the digital plus -lineup. Upon motion the docu- ment was received and filed. Cable TV Teleprogram- ming Commission: Com- munication from Tom McDonough submitting his resignation from the Cable TV Teleprogramming Com- mission effective immedi- ately. Upon motion docu- ment was received and filed .and resignation ac- cepted. Consultant Agreement - Wireless Facility Ordinance and Leases: City Manager recommending approval of an agreement with The Center for Municipal Solu- tions to assist the City in regulating towers and wireless facilities and that the Resolution of Interim Application for Wireless Telecommunications Fa- cilities be renewed for an additional ninety days. Upon motion the docu- ments were received and filed and Resolution No. 389-08 Amending Resolu- tion No. 238-08 which adopted an interim appli- cation process for wireless telecommunication facili- ties by extending the inter- im application process un- til February 1, 2009, was adopted. Crescent Community Health Center: Historic Preservation Commission communication to Julie Woodyard, Crescent Com- munity Health Center, ad- vising that the Commission approves the proposed in- terior build -out of the final 1600 square feet of interior space of the former Dubu- que Casket Company Building located at 1789 Elm Street. Upon motion the document was re- ceived and filed. Riverside Marina Project: Historic Preservation Com- mission communication to Martin Konrad, Iowa De- partment of Natural Re- sources; advising that the Commission supports the Riverside Marina Project in the Port of Dubuque and requesting that the Com- mission be consulted in the initial schematic design of the buildings. Upon mo- tion the document was re- ceived and filed. Iowa 32 Bike/Hike Trail - Phases 2 and 3: City Man- ager recommending ap- proval of federal funding requests submitted for Phases 2 and 3 of the Io- wa 32 Bike/Hike Trail. Upon the motion the docu- ments were received, filed and approved. Washington Neighbor- hood / Housing Trust Fund Application: City Manager recommending approval of the submission of an appli- cation to the Iowa Finance Authority for support of the City's Homeownership Grant Program. Upon mo- tion the documents were received and filed and Resolution No. 390-08 Ap- proving commitment • of matching funds for an ap- plication to the Iowa Fi- nance Authority (IFA) for State Housing ' Trust Funds, was adopted. Quarterly Investment Re- port: City Manager trans- CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Coun- cil met in regular session at 6:30 p.m. on November 3, 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 Father Dwayne Thoman, Nativity Catholic Church PROCLAMATIONS Philanthropy Day (No- vember 15, 2008) was ac- cepted by Wendy Scardino of 1998 North Star Drive; National Hos- pice Month (November 2008) was accepted by Carole Carroll of Hospice of Dubuque, 2255 John F. Kennedy. 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. Motion carried 7-0. Minutes and Reports Submitted: City Council of 10/20 and 10/28; Civil Service Commission of 10/9; Historic Preservation Commission of 10/16; In - 393-08 Granting the issu- ance of a Class "C" Beer/Liquor License to Aragon Tap and Yen Ching Restaurant; Class "B" Wine Permit to Aldi, Inc.; and a Class "WBN" Native Wine to Kwik Stop Food Mart, were adopted. BOARDS/COMMISSIONS Applicants are invited to address the City Council regarding their desire to serve on the following Boards/Commissions. Civil Service. Commission: One 4-year term through April 6, 2010 (Term of Kluesner). Applicants: James Schil- ling, 3283 Bittersweet Lane and John Stevens, 2215 Graham Circle. Mr. Schilling spoke in support of his appointment and Mr. Stevens withdrew his ap- plication for appointment. Appointment to the fol- lowing Boards. Plumbing Board: Two 3-year terms through November 2, 2011 (Master Plumber Require- ment, Terms of Gonner and Willenborg). Appli- cants: Stanley Gonner, 485 O'Neill Street; Harlan Willenborg, 3254 Lake Ridge Drive. Motion by Braig to appoint Stanley Gonner and Harlan Willenborg to three-year terms through November 2, 2011. Seconded by Connors. Motion carried 7- 0. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone to address the City Council. West Side Voluntary An- nexation: Proof of publica- tion on notice of public hearing to consider the an- nexation of approximately 643 acres (not including road right-of-way) on the west side of Dubuque and City Manager recommend- ing approval. Upon motion the documents were re- ceived and filed. Communication from James Adams, Mayor - City of Asbury, advising that property owners on Sandwedge Drive and Sandwedge Court have submitted "Applications for Voluntary Annexation" to the City of Asbury. Motion by Jones to adopt Resolution No. 394-08 Ap- proving applications for the voluntary annexation of certain territory in Dubu- que County, Iowa and ad- ditional land whose own- ers have not consented to the voluntary annexation of said land. Seconded by Voetberg. Planning Serv- ices Manger Laura Carstens provided a staff report. Beth Bonson, City Administrator of Asbury, spoke in support of the measure. Motion carried 7- 0. First Amendment to Cooper Development, LLC Development Agreement: Proof of publication on no- tice of public hearing to consider a loan assump- tion and the First Amend- ment to Agreement with Cooper Development, LLC for the "Bricktown" parking lot located at the south- east corner of 3rd Street and Locust Street and City Manager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 395-08 Ap- proving an Amendment to Agreement with Cooper Development Company, LLC in regard to the park- ing lot located at the southeast corner of 3rd Street and Locust Street. Seconded by Braig. Mo- tion carried 7-0. Request to Rezone - 13910 Whistlewind Lane (Tabled on October 20, 2008): Proof of publication on notice of public hearing to consider a request from Elaine Kelly to rezone property located at 13910 Whistlewind Lane from County R-1 Rural Residen- tial District, R-2 Single - Family Residential District and C-1 Conservancy Dis- trict to City of Dubuque CR Commercial Recreation District, in conjunction with annexation, and Zoning Advisory Commission rec- ommending approval. Mo- tion by Connors to remove the item from the table. Seconded by Voetberg. Motion carried 7-0. 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. Planning Serv- ices Manger Laura Carstens provided a staff Group Architect, Chris Wand, responded to ques- tions regarding cost, land- scaping, and access to and visibility of the roof. Motion carried 7-0. REINSTATE THE RULES Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Convention and Visitors Bureau: Dubuque Area Chamber of Commerce Convention and Visitors Bureau Director Sue Czeshinski presented the Bureau's quarterly report. Motion by Lynch to receive and file the documents. Seconded by Connors. CVB Director Sue Czeshinski, 300 Main Street, highlighted the Bu- reau's successes and proj- ects. She demonstrated the new video business card concept and informed Council that Dubuque took in $253 million in tourism dollars, which surpasses the 2009 projection. Ms. Czeshinski also informed Council that she was leav- ing the CVB to accept a position at Loras College. Upon questioning by Council, Ms. Czeshinski stated that figures are cal- culated (from event gate counts of travelers from outside a 50-mile radius, travel data provided by state surveys, and confi- dential information collect- ed from the Welcome Cen- ter. Council offered their thanks and congratula- tions. Motion carried 7-0. Citizen Request: Char Eddy requesting to ad- dress the City Council to submit a petition to pro- vide winter maintenance on any public right-of-way (street or alley) which bi- sects a school's property. Motion by Voetberg to re- ceive and file and refer to staff. Seconded by Connors. Char Eddy, 565 Sunset Ridge, provided an oral report and responded to questions from the Council. Voetberg asked that staff confirm the num- ber of schools affected, provide an approximated cost, and check on other City policy issues that might be involved. Braig suggested that adjacent neighbors be involved. Motion carried 7-0. Development Agreement with Interstate Building, LLLP and WS Live, LLC: City Manager recommend- ing approval of a Develop- ment Agreement with In- terstate Building, LLLP and WS Live, LLC to provide incentives to retain 122 employees of WS Live, LLC in Dubuque and for the creation of an addition- al 28 positions. Motion by Lynch to receive and file the documents and adopt Resolution No. 397-08 Ap- proving a Development Agreement with Interstate Building, LLLP and WS Live, LLC. Motion carried 7-0. Parking Meter District - Requested Expansion: City Manager recommending approval of the expansion of the downtown parking meter district to include parking meters on the south side of 11th Street from White Street to Washington Street as re- quested by Dallas Kalmes, d/b/a Kalmes Breaktime Bar & Grill. 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. Upon questioning by Lynch, Parking System Supervisor Tim Horsfield and City Manager Van Milligen responded to questions from the Coun- cil. Seconded by Jones. Motion carried 7-0. Motion by Connors for fi- nal consideration and pas- sage of Ordinance No. 73- 08 Amending City of Du- buque Code of Ordinances Section 32-321.666 Mu- nicipal Parking Meter Dis- trict Established by adding Eleventh Street (south side) from White Street to Washington Street as a Municipal Parking Meter District. Seconded by Voetberg. Motion carried 7-0. Parking Fines - Delin- quent Definition: City Man- ager recommending ap- proval of an ordinance amendment to better de- fine that a parking ticket shall become delinquent if not paid within seven cal- endar days from the date of issuance. Motion by the meeting at which it is to be passed be suspend- ed. Seconded by Jones. Upon questioning by Council, Parking System Supervisor Tim Horsfield stated that in response to concerns raised by Proud- ly Accessible Dubuque, clarification was needed in the ordinance regarding il- legal parking in the five- foot, marked access aisle next to disabled parking spaces. Horsfield also stated that this would not result in double ticketing should someone illegally park across both the des- ignated space and the ac- cess aisle. Motion carried 7-0. Motion by Braig for final consideration and passage of Ordinance No. 75-08 Amending City of Dubuque Code of Ordinances Sec- tion 32-321.705 Prohibited Use of Parking Places or Identification Devices by adding a paragraph on the manner of parking in ac- cessible parking stalls. Seconded by Resnick. Motion carried 7-0. Animal Ordinance Changes: City Manager recommending approval of changes to the Animal Or- dinance which are required for the conversion to sell- ing animal licenses through PetData. 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 Connors. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 76-08 City of Dubuque Code of Ordinances by repealing Chapter 7 Animals and Fowl and adopting a new Chapter 7 Animals and Fowl in lieu thereof provid- ing restrictions on main- taining livestock and the storage of animal food; prohibiting the harboring of a vicious dog or cat; providing for the licensing of dogs and cats; estab- lishing requirements for ra- bies control; prohibiting the keeping of dangerous animals; and establishing procedures for the decla- ration of potentially vicious dogs. Seconded by Lynch. Motion carried 7-0. Downtown Design Guide- lines Work Session: City Manager requesting that a work session be sched- uled regarding the Down- town Design Guidelines on November 24th at 6:30 p.m. or December 1st at 5:00 p.m. Motion by Connors to receive and file the document and set the date for December 1, 2008 at 5:00 p.m. in the Historic Federal Building. Seconded by Lynch. Mo- tion carried 7-0. Sustainable Dubuque Ini- tiative Work Session: City Manager submitting infor- mation on the Sustainable Dubuque Initiative and re- questing that a work ses- sion be scheduled on No- vember 17th or December 15th at 5:00 p.m. Motion by Connors to receive and file the documents and set the date for November 17, 2008 at 5:00 p.m. in the Historic Federal Building. Seconded by Lynch. Mo- tion carried 7-0. 2009 Legislative Priori- ties: City Manager recom- mending approval of the 2009 Legislative Priorities. Motion by Jones to receive and file the documents and approve. Seconded by Voetberg. Motion carried 7-0. • City of Dubuque Re- ceives Award from Interna- tional Economic Develop- ment Council: Press re- lease announcing that the City of Dubuque is receiv- ing the 2008 Excellence in Economic Development Awards Honorable Men- tion in recognition of the America's River Project public/private partnerships from the International Eco- nomic Development Coun- cil. Motion by Lynch to re- ceive and file the docu- ment. Seconded by Jones. Motion carried 7-0. COUNCIL MEMBER REPORTS Jones reported his and the Mayor's attendance at the recent Dubuque Weatherization Challenge event and thanked the Mayor for his participation. Buol stated that the Du- buque Weatherization Challenge was one reason Dubuque is' an All America City and thanked the many volunteers involved. Subscribed to bef this 42dl