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Proof of Publication Council Proceedings Regular 11 17 08Advi- 11/4; ;ing Code Appeals d of 5/20; Human is Commission of 0 and 1 0/13; Park and ~eation Commission of 4; Zoning Advisory emission of 11/5; and ng Board of Adjust- t of 10/23 Irary Board of Trustees ate from meeting of Aber 23, 2008 roofs of publication of rr 20, 2008 (Spe- ion and Regular and October 28, Ipon motion the docu- nts were received and i. Votice of Claims/Suits: Borah M. Naderman for licle damage, Wells Far- Bank, National Associa- i as Trustee vs. City of buque, et al; Gordon Is for vehicle damage. on motion the docu- ints were received and d and referred to the y Attorney. City Attorney recom- mding settlement of the lim of Deborah Idermann for vehicle mage. Upon motion the current was received d filed and concurred. ;ity Development Board: ~mmunication from even R. McCann, City >velopment Board, ad- ;ing that the City of abuque's voluntary an- ,vatinn nrooosal WIII be erect by the Board ~vember 12, 2008. motion the docu- was received and Property Donation: City Manager recommending acceptance of property lo- cated behind Fire Station No. 2 on John F. Kennedy Road from Hohnecker's In- corporated. Upon motion the documents were re- ceived and filed and Reso- lution No. 398-OB Approv- ing plat of Lot 1 of Hohnecker Place No. 2 and Resolution No. 399-08 Accepting the deed to cer- tain real estate in Dubuque County, Iowa, from Hohnecker Incorporated were adopted. Professional Services Agreement: City Manager recommending approval to execute the Professional Services Agreement for Acquisition of ACTRA/ TACTICS Software for the Primary Highway Improve- ment Project No; 2008-16 ,019, Final Traffic Contro Systems _ Improve ~eMs .._. gal of the final plat of 'onlan Place located on Cemp Road in Dubuque county, Iowa. Upon mo- .ion the documents were eceived and filed and 3esolution No. 405-08 Ap- ~roving the final plat of Donlan Place in Dubuque "ounty, Iowa, was adopt- ed. Five Flags Management Agreement: City Manager recommending approval to extend the Five Flags Management Agreement with SMG for the period July 1, 2009 to June 30, 2014. Upon motion the documents were received and filed and Resolution No. 408-08 Approving the first amendment to the Management Agreement between the City of Dubu- que, Iowa, and SMG was adopted. PetData Animal Licensing Agreement: City Manager recommending approval of an agreement with PetData to provide. animal licensing services for the City. Upon motion the documents were received, filed, and approved. Tobacco Compliance - Civil Penalties for Tobacco Permit Holders: City Man- ager recommending ac- ceptance and approval of AcknowledgemenUSettlem ent Agreements for a first ~ offense violation for Casey s General Store #2420, 2699 Rockdale Road; Kwik Stop, 4039 Pennsylvania Avenue; A.W.N. Stop Mart, 1998 Jackson Street and for a second offense violation for Hy-Vee #2, 2395 North- west Arterial. Upon motion the documents were re- ceived, filed, and ap- proved. Employee Wellness Pro- gram: City Manager rec- ommending approval of the issuance of a Request for Proposals (RFP) to so- licit proposals for the incentive-based health risk appraisal program funded and approved for Fisca~ Year 2009. Upon motior the documents were re• ceived, filed, and ap~ proved. Renewal Rates for the Voluntary Dental Plari: Cit) Manager recommendin< approval of the renews rates for the City's Volun tary Dental Plan, which i~ ~ paid in full by the employ ees. Upon motion the documents were receivec _ .,,_.. __., ...,.....s,~ )7. Seconded by Braig. vlotion carried 7-0. Upon motion the rules Nere reinstated limiting jiscussion to the City council. ACTION ITEMS Designation of Queen Street as Through Street: City Manager recommend- ing approval of the desig- nation of Queen Street from the north right-of-way line of East Twenty-Fourth Street to its northerly ter- minus at Burden Avenue as a through street. 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 Lynch. Mo- tion carried 7-0 Motion by Jones for final consideration and passage of Ordinance No. 77-08 Amending City of Dubuque Code of Ordinances Sec- tion 32-321.321 Entering Through Streets by adding Queen Street, from the north right-of-way line of East Twenty-Fourth Street to its northerly terminus at Burden Avenue as a through street. Seconded by Lynch. Motion carried 7-0. COUNCIL MEMBER REPORTS Connors reported on her attendance at the recent National League of Cities Conference in Orlando, Florida. She stated that sustainability and clean air were priority issues. Voetberg reported that the visit from the delega- tion from Tianjin, China, has been postponed to spring. Resnick reported receiv- ing an a-mail from a citizen regarding trash on Coates Street and stated that he appreciated receiving this type of input from citizens. Lynch reported on his at- tendance at the recent Na- tional League of Cities Conference in Orlando, Florida. He expressed his pleasure over Orlando's public art display and sug- gested the City of Dubu- que expand its Art on the River program. He also stated that National DARE Program representatives I attending the conference stated that Dubuque's pro- nram wet one Of the ton 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, Cowlty of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: November 26, 2008, and for which the charge is $45.79. _ ~~•~• Subscribed to before e, a Notary Public in and for Du,,bu~e County, Iowa, this ~ day of , 20 ~• otary Public in and for Dubuque County, Iowa. ""` r MARY K. WESTERP,iEYER ,pC Commis:,ion h'umbar 154885 ~; My ni.,,-, .,, FXD. FEF3, 1, 2011 of 1 a„a.,~ .,f F/~n• u„mom.. Windsor Avenue Storm Sewer Extension Project: City Manager recommend- ing acceptance of the con- struction contract and im- provements associated with the Windsor Avenue Storm Sewer Extension Project. Upon motion the documents were received and filed and Resolution No. 403-08 Accepting the Windsor Avenue Storm Sewer Extension Project and authorizing the pay- ment of the contract amount to the contractor was adopted. Iowa 32 Bike /Hike Trail: City Manager recommend- ing approval of a Resource Enhancement and Protec- tion (REAP) grant agree- ment with the Iowa De- partment of Natural Re- sources for Phase 2 of the Iowa 32 Bike /Hike Trail. Upon motion the docu- ments were received and filed and Resolution No. 404-08 Approving a grant agreement for Resource Enhancement and Protec- tion (REAP) funding with the Iowa Department of Natural Resources for Phase 2 of the Iowa 32 Bike / Hike Trail was adopted. Joint Motion for Dubuque and Asbury Annexations of Sandwedge Subdivision: City Manager recommend- ing approval to file a joint motion with the City of As- bury before the City Devel- opment Board to allow the City of Dubuque to delete the Sandwedge Subdivi- sion property owners from Dubuque's annexation proposal. Upon motion the documents were received and filed. Final Plat - Conlan Place: Zoning Advisory Commis- ^IIeN •LV tiV£ uaa~ep so/eddeN '00'OSS"o0 aouEansul ails ~3!O ses ~ue~ 'Lb'64£'3euE0 ~ 8a0 'ziuawe~{ :ZZ'S8l'u4o(' ndeue/(IEy{ 'SL'Z6h'~Pud gleN '£8'SlS'uoua~eN~og ~apaey{ .ZZ'SSl' ~JEInJ ~a~Ewzoey{ :L8'SSZ 'e~uolauulw-oul uog '8 /addad Mf '00'89L'ela6uy 'uosuyo~ '00'04 'aoueansul a/aaa uqo(` :SZ'1~9L'~~loa8 '8 43!aN 'a~yosa0 'ZZ'S84'uoaq 'uasua~ 'SS'£OL'w!f 'nnoyoaEO '00'00£'spun3 leniny~ dnoa0 snuef '04'9S£'oul ~anexaS d f :00'8G£`~uedwoC inner r p r .Fr~nat, svE,~ a,v~ia. v vn.c v.i,ir mission: One 4-year term through April 6, 2010 (Term of Kluesner). Appli- cant: James Schilling, 3283 Bittersweet Lane. Upon City Council concur- rence, Mayor Buol ap- pointed James Schilling to a 4-year term through April 6, 2010. PUBLIC HEARINGS Upon motion the rules ! were suspended allowing ` anyone present to address the City Council Dubuque Industrial Cen- ter Planned Unit Develop- ment District (Tabled on " September 15, 2008): City Manager requesting that this item be re-tabled until the January 20, 2009 City . Council meeting. Proof of publication on notice of hearing to con- sider arequest from the City of Dubuque/ Dubuque Initiatives to amend the Planned Unit Development (PUD) for the Dubuque In- dustrial Center, located on Chavenelle Road and the Northwest Arterial, to change the designation of property from open space to commercial and Zoning Advisory Commission rec- ommending approval, with conditions. Motion by Voetberg to re- move from the table. Seconded by Connors. Motion carried 7-0. Motion by Connors to ta- ble the proposed ordi- nance amending Appendix A (the Zoning Ordinance) of the, City of Dubuque Code of Ordinances by adopting a revised Plan- ned Unit Development Or- dinance for the Dubuque Industrial Center Phases I and II located at the south- west corner of Highway 32 (Northwest Arterial) and ~Lb 6b£'EU!1 ~ua~sEH ~OZ'089L'aoue~nsul allq pao~eH :OL'98L8"H'N suaEH :S£' Lb6l 'suolieo!unwwo0 s!a/eH '00'b£''1 laagoa 'u!gaeH :OS'ZSL'tieJ 'uuewla3uEH '00'bl9''ouI '~po8 °iny ~(alueH :ZI•£'ueo~ 8 aoua -iElO 'a~PueH :S4'S6Z's!~N 'IIBH :££'Lb'u!i3 IagEH :Lb'6b£'ilo°S '~I°EEH ~OS'6L9'Lue woC uosll/~n 'M'H •SZ'b9l'll!(' 'uewzn0 'ZS'LL£'EJel 'lap~an0 :V£'££Lll'Iooyosa~d nnaln -Pue~O :£0'tiL'oul ~a6ule~0 'SZ'49l'ti~af 'ge~0 ~80"S8L'oul uoltoauuoono0 '9l'Sbhl '3~odS Laudon :00'05 L l0 sauisnp Chavenelle Road and by repealing Ordinance 22- 07. Seconded by Braig. Motion carried 7-0. Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Designation of Queen Street as Through Street: City Manager recommend- ing approval of the desig- nation of Queen Street from the north right-of-way line of East Twenty-Fourth Street to its northerly ter- minus at Burden Avenue as a through street. 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 Lynch. Mo- tion carried 7-0 Motion by Jones for final consideration and passage of Ordinance No. 77-08 Amending City of Dubuque Code of Ordinances Sec- tion 32-321.321 Entering Through Streets by adding Queen Street, from the north right-of-way line of East Twenty-Fourth Street to its northerly terminus at Burden Avenue as a through street. Seconded by Lynch. Motion carried 1 7-0. COUNCIL MEMBER I REPORTS Connors reported on her attendance at the recent National League of Cities Conference in Orlando, Florida. She stated that sustainability and clean air were priority issues. Voetberg reported that the visit from the deleaa- 'sopneap/~H ~ asoH anbnq -nC `SZ'S6'oul luawdmb3 anj anbngnp :00'4828 'is!Q looyog ~Cilunw -woo anbngnd :00'009 '~oul Ilouno0 shy anb -ngn4 :ZL'£lS'led '8 wol 'sne~a ~00'8l`~og inuod :00'S-'oul ezzld isagn0 - souiwod :L4'6b£'unned 'zan6ulwoa (ZZ'S8L'esl~ 'aaaod ~SZ'49 t''l eJE~{ 'sPPoO •00'L6l'aonpad ~ saaMOl~ s,algod ~6Z' 1b94'6angsale0 - 00 ~{op8 X0!4 'OS'SS l'ise3 xa4 '80'£Sl`aalsl6ay sauloy~ sad :b£'Eb8`SZL uolioeS - aaEO luapuad -aa :09'9£ZlL'lunoooy p a p u n J- i l a S I?lua0 'ZZ'S8l`'H laeyoly~ STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, hlc., 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 26, 2008, and for which the charge is $45.79. r :~ Subscribed to before e, a Notary Public in and for Dubu e County, Iowa, this ~~~ day of ~~~~, ~ ~i J , 20 otary Public in and for Dubuque County, Iowa. ~~""`r MARY K WESTERptEY~R ~: Commission Numbar 154A85 My ~'n,., , Fxp. FEI?, 1, 2011 CITY CITY COUNCIL ~ PROCEEDINGS The Dubuque City Coun- •" cil met in regular session at 6:30 p.m. on November 17, 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 of the Dubuque City Council called for the purpose of discussing such matters that may properly come before Council. Invocation was provided by Reverend Dr. Ken Bickel, First Congregation- - al United Church of Christ CONSENTiTEMS Motion by Lynch to re- ceive and file the docu- ments, adopt the resolu- tions, and dispose of as in- dicated. Seconded b Voetberg. Motion Carrie 7-0. Minutes and Report Submitted: Arts and Cul tural Affairs Advisory Com mission of 8/26 and 9/30 Building Code Appeal Board of 11/6; Cable Council of 11/3; Environ- mental Stewardship Advi- sory Commission of 11/4; i Housing Code Appeals n..a.,+ s cinn• u......... Windsor Avenue Storm Sewer Extension Project: City Manager recommend- ' ing acceptance of the con- struction contract and im- provements associated with the Windsor Avenue Storm Sewer Extension Project. Upon motion the documents were received and filed and Resolution No. 403-08 Accepting the Windsor Avenue Storm Sewer Extension Project and authorizing the pay- ment of the contract amount to the contractor was adopted. Iowa 32 Bike /Hike Trail: City Manager recommend- ing approval of a Resource Enhancement and Protec- tion (REAP) grant agree- ment with the Iowa De- partment of Natural Re- sources for Phase 2 of the Iowa 32 Bike /Hike Trail. Upon motion the docu- ments were received and filed and Resolution No. 404-08 Approving a grant agreement for Resource Enhancement and Protec- tion (REAP) funding with the Iowa Department of Natural Resources for Phase 2 of the Iowa 32 Bike / Hike Trail was adopted. Joint Motion for Dubuque and Asbury Annexations of Sandwedge Subdivision: City Manager recommend- ing approval to file a joint motion with the City of As- bury before the City Devel- opment Board to allow the s City of Dubuque to delete the Sandwedge Subdivi~ Sion property owners frorc Dubuque's annexation s proposal. Upon motion the TV documents were receives I and filed. Final Plat - Conlon Place 1 Zoning Advisory Commis ~LV 6VE-uauep Ideyl '00"OS5"o0 ~sul a;!~ ~I!O ses ~Lb'6b£'iaUer 's uar Bey{ 'ZZ'S8l`uyor e~leN 'SL'Z6b'~Put/ :Eg•g lg`uo!Ie~od~o0 'N :ZZ'S8l'ua~ey{ g `~a~ewzoe~ :L8'SSZ lauu!W-out uog ~ d Mr :00'89l'ela6ut/ yon :00'04 ansul a~ae0 uyor Il'~~loa8 '8 yl!aN gar 'ZZ'S8l'uoa~ 3r :55'sol'w!r r r~ ~anexaS mission: One 4-year term through April 6, 2010 (Term of Kluesner). Appli- cant: James Schilling, 3283 Bittersweet Lane. Upon City Council concur- rence, Mayor Buol ap- pointed James Schilling to a 4-year term through April 6, 2010. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone present to address the City Council Dubuque Industrial Cen- ter Planned Unit Develop- ment District (Tabled on September 15, 2008): City Manager requesting that this item be re-tabled until the January 20, 2009 City Council meeting. Proof of publication on notice of hearing to con- sider arequest from the City of Dubuque/ Dubuque Initiatives to amend the Planned Unit Development (PUD) for the Dubuque In- dustrial Center, located on Chavenelle Road and the Northwest Arterial, to change the designation of property from open space to commercial and Zornng Advisory Commission rec- ommending approval, with conditions. Motion by Voetberg to re- move from the table. Seconded by Connors. Motion carried 7-0. Motion by Connors to ta- ble the proposed ordi- nance amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by adopting a revised Plan- ned Unit Development Or- dinance for the Dubuque Industrial Center Phases I and II located at the south- west corner of Highway 32 (Northwest Arterial) and ~Lb'6b£'eU11 'ua~seH ~OZ'089L'aoue~nsul a;!~ pro}~eH !OL'98L8"d'N swell ~5£' 1461 `suo!leo!unwwo0 swell '00'4£''1 pagoa 'u!gaeH ~05'ZSl'tieJ 'uuewlalueH '00'bl9''oul '~PoB olny ~(alueH :Zl'E'ueor 8 aoua -~e10 'a~pueH 'Sb'S6Z'su~{ 'IIBH 'EE'Lb'u!a3 'IageH ILb'6b£'3locS '~IoeeH ~05'6l9'/~uedwo0 uosl!M 'M'H ~5Z'b94'Il!r 'uewzn0 IZS'LL6'eael 'lapaan0 'b£'££Lll'looyosa~d nna!n -PueaJ ~£0'bL'oul ~a6u!e~0 :5Z'b94'~~~ar '}yea0 :80•Sglbul uogoauuoono0 '92'5441 `uodS Chavenelle Road and by repealing Ordinance 22- 07. Seconded by Braig. Motion carried 7-0. Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Designation of Queen Street as Through Street: City Manager recommend- ing approval of the desig- nation of Queen Street from the north right-of-way line of East Twenty-Fourth Street to its northerly ter- minus at Burden Avenue as a through street. 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 Lynch. Mo- tion carried 7-0 Motion by Jones for final consideration and passage of Ordinance No. 77-08 Amending City of Dubuque Code of Ordinances Sec- tion 32-321.321 Entering Through Streets by adding Queen Street, from the north right-of-way line o1 East Twenty-Fourth Street to its northerly terminus a1 Burden Avenue as through street. Secondec by Lynch. Motion carried Connors reported on her attendance at the recent National League of Cities Conference in Orlando, Florida. She stated that sustainability and clean air were priority issues. Voetberg reported that the visit from the delega- ;oilneap/H ~ asoH anbnq -n0 :Si;'S6'oul luawd!nb3 and anbngna '00'1828 'Is!O looyog ~(1!unw -woo anbngn0 :00'009 ' out I!ouno0 suy anb -ngn0 ~ZC£lS'led '8 wol 'snei0 '00'Sl'~oB Inuod :00'S-`out ezz!d IsagnO - sou!woa 'Lb'6b£'uMed 'zan6u!wo0 'ZZ'Sgl'es!~ '~~aoa 'SZ'b9l"l easy{ 'sPPoO '00'L6I`aonpad ~ s~annold s,a!goa '6Z'lb9l'6~ngsale0 - 00 ~l0!18 ~l0!0 '05'SS l'lse3 xa0 ~80'ESL'aals!6aa sau!oy~ sap :4£'£48'521 uo!loag - aae0 luapuad -80 ~09'9£ZlL`lunoooy p a p u n d- 1 1 a S lelue4 ~ZZ'S8l''H laeyo!y~ STATE OF IOWA DUBUQUE COUNTY CERTIFICATION I, Suzanne Pike, a Billing Clerk for corporation, publisher of the Telegr published in the City of Dubuque, C certify that the attached notice was ~ dates: November 26, 2008, and for " Subscribed to before, e, a Notary this ~l~ day of otar Council of 11/3; Environ- mental Stewardship Advi- sory Commission of 11/4; Housing Code Appeals Board of 5/20; Human Rights Commission of 10/10 and 10/13; Park and Recreation Commission of 10/14; Zoning Advisory Commission of 11/5; and Zoning Board of Adjust- ment of 10/23 Library Board of Trustees Update from meeting of October 23, 2008 Proofs of publication of City Council Proceedings of October 20, 2008 (Spe- cial Session and Regular Session) and October 28, 2008 Upon motion the docu- ments were received and filed. Notice of Claims/Suits: Deborah M. Naderman for vehicle damage; Wells Far- go Bank, National Associa- tion as Trustee vs. City of Dubuque, et al; Gordon Mills for vehicle damage. Upon motion the docu- ments were received and filed and referred to the City Attorney. City Attorney recom- mending settlement of the claim of Deborah Nadermann for vehicle damage. Upon motion the document was received and filed and concurred. City Development Board: Communication from Steven R. McCann, City Development Board, ad- vising that the City of Dubuque's voluntary an- nexation proposal will, be considered by the Board on November 12, 2008. Upon motion the docu- ment was received and filed. Property Donation: City Manager recommending acceptance of property lo- cated behind Fire Station No. 2 on John F. Kennedy Road from Hohnecker's In- corporated. Upon motion the documents were re- ceived and filed and Reso- lution No. 398-08 Approv- ing plat of Lot 1 of Hohnecker Place No. 2 and Resolution No. 399-08 Accepting the deed to cer- tain real estate in Dubuque County, Iowa, from Hohnecker Incorporated were adopted. Professional Services Agreement: City Manager recommending approval to execute the Professional Services Agreement for Acquisition of ACTRA/ TACTICS Software for the Primary Highway Improve- ment Project No. 2008-16- \019, Final Traffic Control Systems - Improvements. Upon motion the docu- ments were received and filed and Resolution No. 400-08 Approving the Iowa Department of Transporta- tion Professional Services Agreement for acquisition of ACTRA/TACTICS Soft- ware for the Primary High- way Improvement Project No. 2008-16-019, Final Traffic Control Systems Improvements (STP-A- 946-0(1)--86-31) was adopted. High Bluff Retaining Wall Reconstruction: City Man- ager recommending that the award of the contract for the 911 High Bluff Re- taining Wall Reconstruc- tion Project be officially re- corded in the minutes of the City Council. Upon motion the documents were received and filed. St. Mary's Retaining Wall Reconstruction: City Man- ager recommending that the award of the contract for the St. Mary's Retain- ing Wall Reconstruction Project be officially record- ed in the minutes of the City Council. Upon motion the documents were re- ceived and filed. Fire Headquarters Green Roof Replacement Project: City Manager recommend- ing award of the contract for the Fire Headquarters Green Roof Replacement Project to Giese Roofing Company in the amount of $188,920. Upon motion the documents were re- ceived and filed and Reso- lution No. 401-08 Award- ing public improvement contract for the Fire Head- quarters Roof Replace- ment Project was adopted. Scenic Byways - Great River Road Interpretive Center / National Missis- sippi River Museum and Aquarium Project: City Manager recommending approval of the Certificate of Completion and Final Acceptance of Agreement Work Form for the Scenic Byways - Great River Road Interpretive Center / Na- tional Mississippi River Museum and Aquarium • Project. Upon motion the documents were received and filed and Resolution No. 402-08 Approving the Certificate of Completion and Final Acceptance of Agreement Work Form for the Scenic Byways - Great River Road Interpretive Center / National Missis- sippi River Museum and Aquarium Project was adopted. Windsor Avenue Storm Sewer Extension Project: City Manager recommend- ing acceptance of the con- struction contract and im- provements associated with the Windsor Avenue Storm Sewer Extension Prniect. Uoon motion the sion recommending appro- val of the final plat of Conlan Place located on Kemp Road in Dubuque County, Iowa. Upon mo- tion the documents were received and filed and Resolution No. 405-08 Ap- proving the final plat of Conlan Place in Dubuque County, Iowa, was adopt- ed. Five Flags Management Agreement: City Manager recommending approval to extend the Five Flags Management Agreement with SMG for the period July 1, 2009 to June 30, 2014. Upon motion the documents were received and filed and Resolution No. 406-08 Approving the first amendment to the Management Agreement between the City of Dubu- que, Iowa, and SMG was adopted. PetData Animal Licensing Agreement: City Manager recommending approval of an agreement with PetData to provide. animal licensing services for the City. Upon motion the documents were received, filed, and approved. Tobacco Compliance - Civil Penalties for Tobacco Permit Holders: City Man- ager recommending ac- ceptance and approval of Acknowledge me nt/Settl em ent Agreements for a first offense violation for Casey's General Store #2420, 2699 Rockdale Road; Kwik Stop, 4039 Pennsylvania Avenue; A.W.N. Stop Mart, 1998 Jackson Street and for a second offense violation for Hy-Vee #2, 2395 North- west Arterial. Upon motion the documents were re- ceived, filed, and ap- proved. Employee Wellness Pro- gram: City Manager rec- ommending approval of the issuance of a Request for Proposals (RFP) to so- licit proposals for the incentive -based health risk appraisal program funded and approved for Fiscal Year 2009. Upon motion the documents were re- ceived, filed, and ap- proved. Renewal Rates for the Voluntary Dental Plan: City Manager recommending approval of the renewal rates for the City's Volun- tary Dental Plan, which is paid in full by the employ- ees. Upon motion the documents were received, filed, and approved. Dubuque Warehouse Dis- trict: Application to the En- vironmental Protection Agency for an Assessment Grant for the Dubuque Warehouse District. Upon motion the documents were received and filed. Canadian Pacific Rail- road: Communication from Fred Green, President and CEO of the Canadian Pa- cific Railroad, advising that the acquisition of the Da- kota, Minnesota & Eastern Railroad Corporation (DM&E) and its subsidia- ries has been declared of- ficially final by the US Sur- face Transportation Board. Upon motion the docu- ments were received and filed. PEG Capital Grant Ex- penditure Request: City Manager recommending approval of the Cable TV Tele-Programming Com- mission recommendation for funding from the Pub- lic, Educational, and Gov- ernment (PEG) Capital Grant for Access Equip- ment and Facilities in the amount of $39,000 for Du- buque Community Schools for new cameras for The Forum board room where school board meet- ing telecasts originate. Upon motion the docu- ments were received, filed, and approved. Business License Refund: Tri-State Independent Blind Society, Inc. request- ing a refund in the amount of $225.00 for their Beer / Wine / Liquor license. Upon motion the docu- ment was received, filed, and approved. 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. 407-08 Granting the issu- ance of a Class "C" Beer Permit to Kwik Stop Food Mart and Plaza 20 BP / Amoco and Resolution No. 408-08 Granting the issu- ance of a Class "B" (Hotel/Motel) Liquor Li- cense to Grand Harbor Resort; Class "C" Beer/Liquor License to Bridge Restaurant and Q; and a Class "WBN" Native Wine Permit to Kwik Stop Food Mart were adopted. BOARDS/COMMISSIONS Appointments to the fol- lowing Boards/Commis- sions: Civil Service Com- mission: One 4-year term through April 6, 2010 (Term of Kluesner). Appli- cant: James Schilling, 3283 Bittersweet Lane. Upon City Council concur- rence, Mayor Buol ap- pointed James Schilling to d_voar form thrnuah Aoril Chavenelle Road and by repealing Ordinance 22- 07. Seconded by Braig. Motion carried 7-0. Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Designation of Queen Street as Through Street: City Manager recommend- ing approval of the desig- nation of Queen Street from the north right-of-way line of East Twenty -Fourth Street to its northerly ter- minus at Burden Avenue as a through street. 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 Lynch. Mo- tion carried 7-0 Motion by Jones for final consideration and passage of Ordinance No. 77-08 Amending City of Dubuque Code of Ordinances Sec- tion 32-321.321 Entering Through Streets by adding Queen Street, from the north right-of-way line of East Twenty -Fourth Street to its northerly terminus at Burden Avenue as a through street. Seconded by Lynch. Motion carried 7-0. COUNCIL MEMBER REPORTS Connors reported on her attendance at the recent National League of Cities Conference in Orlando, Florida. She stated that sustainability and clean air were priority issues. Voetberg reported that the visit from the delega- tion from Tianjin, China, has been postponed to spring. Resnick reported receiv- ing an e-mail,from a citizen regarding trash on Coates Street and stated that he appreciated receiving this type of input from citizens. Lynch reported on his at- tendance at the recent Na- tional League of Cities Conference in Orlando, Florida. He expressed his pleasure over Orlando's public art display and sug- gested the City of Dubu- que expand its Art on the River program. He also stated that National DARE Program representatives attending the conference stated that Dubuque's pro- gram was one of the top five programs in the na- _ tion. CLOSED SESSION Motion by Jones at 6:47 p.m. to go into closed ses- sion regarding pending liti- gation pursuant to Chapter 21.5(1)(j) 2007 Code of Io- wa. Seconded by Con- nors. Motion carried 7-0. Upon motion the City Council reconvened in open session at 6:51 p.m. stating that staff had been given proper direction. There being no further business, upon motion the City Council adjourned at 6:52 p.m. /s/Jeanne F. Schneider, CMC, City Clerk 1t 11/26 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 26, 2008, and for which the charge is $45.79. Subscribed to before me, a Notary Public in and for Dubu e County, Iowa, this 3 day of � 1 ,L/ , 20 .() yy2�Q�ryPublic in and for Dubuque County, Iowa. MARY K, WESTERMEYER Commission Number 154885 My ('nmm Exp. FEe, 1, 2011 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Coun- cil met in regular session at 6:30 p.m. on November 17, 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 of the Dubuque City Council called for the purpose of discussing such matters that may properly come before Council. Invocation was provided by Reverend Dr. Ken Bickel, First Congregation- al United Church of Christ 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: Arts and Cul- tural Affairs Advisory Com- mission of 8/26 and 9/30; Building Code Appeals Board of 11/6; Cable TV Regulatory Commission of 1/9 and 9/10; Cable Com- munity Teleprogramming Commission of 10/7; City tionnecKer incorporates were adopted. Professional Services Agreement: City Manager recommending approval to execute the Professional Services Agreement for Acquisition of ACTRA/ TACTICS Software for the Primary Highway Improve- ment Project No. 2008-16- ,019, Final Traffic Control Systems - Improvements. Upon motion the docu- ments were received and filed and Resolution No. 400-08 Approving the Iowa Department of Transporta- tion Professional Services Agreement for acquisition of ACTRA/TACTICS Soft- ware for the Primary High- way Improvement Project No. 2008-16-019, Final Traffic Control Systems Improvements (STP-A- 946-0(1)--86-31) was adopted. High Bluff Retaining Wall Reconstruction: City Man- ager recommending that the award of the contract for the 911 High Bluff Re- taining Wall Reconstruc- tion Project be officially re- corded in the minutes of the City Council. Upon motion the documents were received and filed. St. Mary's Retaining Wall Reconstruction: City Man- ager recommending that the award of the contract for the St. Mary's Retain- ing Wall Reconstruction Project be officially record- ed in the minutes of the City Council. Upon motion the documents were re- ceived and filed. Fire Headquarters Green Roof Replacement Project: City Manager recommend- ing award of the contract for the Fire Headquarters Green Roof Replacement Project to Giese Roofing Company in the amount of $188,920. Upon motion the documents were re- ceived and filed and Reso- lution No. 401-08 Award- ing public improvement contract for the Fire Head- quarters Roof Replace- ment Project was adopted. Scenic Byways - Great River Road Interpretive Center / National Missis- sippi River Museum and Aquarium Project: City Manager recommending approval of the Certificate of Completion and Final Acceptance of Agreement Work Form for the Scenic Byways - Great River Road Interpretive Center / Na- tional Mississippi River Museum and Aquarium • Project. Upon motion the documents were received and filed and Resolution No. 402-08 Approving the Certificate of Completion and Final Acceptance of Agreement Work Form for the Scenic Byways - Great River Road Interpretive Center / National Missis- sippi River Museum and Aquarium Project was adopted. Windsor Avenue Storm Sewer Extension Project: City Manager recommend- ing acceptance of the con- struction contract and im- provements associated with the Windsor Avenue Storm Sewer Extension Project. Upon motion the documents were received and filed and Resolution No. 403-08 Accepting the Windsor Avenue Storm Sewer Extension Project and authorizing the pay- ment of the contract amount to the contractor was adopted. Iowa 32 Bike / Hike Trail: City Manager recommend- ing approval of a Resource Enhancement and Protec- tion (REAP) grant agree- ment with the Iowa De- partment of Natural Re- sources for Phase 2 of the Iowa 32 Bike / Hike Trail. Upon motion the docu- ments were received and filed and Resolution No. 404-08 Approving a grant agreement for Resource Enhancement and Protec- tion (REAP) funding with the Iowa Department of Natural Resources for Phase 2 of the Iowa 32 Bike / Hike Trail was adopted. Joint Motion for Dubuque and Asbury Annexations of Sandwedge Subdivision: City Manager recommend- ing approval to file a joint motion with the City of As- bury before the City Devel- opment Board to allow the City of Dubuque to delete the Sandwedge Subdivi- sion property owners from Dubuque's annexation proposal. Upon motion the documents were received and filed. Final Plat - Conlan Place: Zoning Advisory Commis - Year 2009. Upon motion the documents were re- ceived, filed, and ap- proved. Renewal Rates for the Voluntary Dental Plari: City Manager recommending approval of the renewal rates for the City's Volun- tary Dental Plan, which is paid in full by the employ- ees. Upon motion the documents were received, filed, and approved. Dubuque Warehouse Dis- trict: Application to the En- vironmental Protection Agency for an Assessment Grant for the Dubuque Warehouse District. Upon motion the documents were received and filed. Canadian Pacific Rail- road: Communication from Fred Green, President and CEO of the Canadian Pa- cific Railroad, advising that the acquisition of the Da- kota, Minnesota & Eastern Railroad Corporation (DM&E) and its subsidia- ries has been declared of- ficially final by the US Sur- face Transportation Board. Upon motion the docu- ments were received and filed. PEG Capital Grant Ex- penditure Request: City Manager recommending approval of the Cable TV Tele-Programming Com- mission recommendation for funding from the Pub- lic, Educational, and Gov- ernment (PEG) Capital Grant for Access Equip- ment and Facilities in the amount of $39,000 for Du- buque Community Schools for new cameras for The Forum board room where school board meet- ing telecasts originate. Upon motion the docu- ments were received, filed, and approved. Business License Refund: Tri-State Independent Blind Society, Inc. request- ing a refund in the amount of $225.00 for their Beer / Wine / Liquor license. Upon motion the docu- ment was received, filed, and approved. 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. 407-08 Granting the issu- ance of a Class "C" Beer Permit to Kwik Stop Food Mart and Plaza 20 BP / Amoco and Resolution No. 408-08 Granting the issu- ance of a Class "B" (Hotel/Motel) Liquor Li- cense to Grand Harbor Resort; Class "C" Beer/Liquor License to Bridge Restaurant and Q; and a Class "WBN" Native Wine Permit to Kwik Stop Food Mart were adopted. BOARDS/COMMISSIONS Appointments to the fol- lowing Boards/Commis- sions: Civil Service Com- mission: One 4-year term through April 6, 2010 (Term of Kluesner). Appli- cant: James Schilling, 3283 Bittersweet Lane. Upon City Council concur- rence, Mayor Buol ap- pointed James Schilling to a 4-year term through April 6, 2010. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone present to address the City Council Dubuque Industrial Cen- ter Planned Unit Develop- ment District (Tabled on September 15, 2008): City Manager requesting that this item be re -tabled until the January 20, 2009 City Council meeting. Proof of publication on notice of hearing to con- sider a request from the City of Dubuque/ Dubuque Initiatives to amend the Planned Unit Development (PUD) for the Dubuque In- dustrial Center, located on Chavenelle Road and the Northwest Arterial, to change the designation of property from open space to commercial and Zoning Advisory Commission rec- ommending approval, with conditions. Motion by Voetberg to re- move from the table. Seconded by Connors. Motion carried 7-0. Motion by Connors to ta- ble the proposed ordi- nance amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by adopting a revised Plan- ned Unit Development Or- dinance for the Dubuque Industrial Center Phases I and II located at the south- west corner of Highway 32 (Northwest Arterial) and tendance at the recent Na- tional League of Cities Conference in Orlando, Florida. He expressed his pleasure over Orlando's public art display and sug- gested the City of Dubu- que expand its Art on the River program. He also stated that National DARE Program representatives attending the conference stated that Dubuque's pro- gram was one of the top five programs in the na- tion. CLOSED SESSION Motion by Jones at 6:47 p.m. to go into closed ses- sion regarding pending liti- gation pursuant to Chapter 21.5(1)(j) 2007 Code of Io- wa. Seconded by Con- nors. Motion carried 7-0. Upon motion the City Council reconvened in open session at 6:51 p.m. stating that staff had been given proper direction. There being no further business, upon motion the City Council adjourned at 6:52 p.m. /s/Jeanne F. Schneider, CMC, City Clerk 1t 11/26 w^ MARY K, WESTERMEYI Commission Number 1548 My r`omm, Fxd. FEB. 1, 2(