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Minutes City Council 12 17 07 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Council met in regular session at 6:30 p.m. on December 17, 2007, in the Historic Federal Building. Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski, City Manager Van Milligen, City Attorney Lindahl Invocation was provided by Sr. Mary Agnes O’Connor. Presentation of appreciation plaques to outgoing City Council Members Ann E. Michalski and Patricia A. Cline in appreciation of the years of public service. CONSENT ITEMS Motion by Cline to receive and file the documents and dispose of as indicated. Seconded by Lynch. Braig request that (#7) Downtown Design Guidelines be held for separate discussion. Michalski requested (#18) 2007 Annual Tax Increment Financing Report be held for separate discussion. Motion carried 7-0. Minutes and Reports Submitted: Airport Commission of 10/22; Cable Community Teleprogramming Commission of 9/4, 10/9, and 11/6; Cable TV Regulatory Commission of 9/12; City Council of 12/3; Electrical Code Board of 11/26; Historic Preservation Commission of 11/29; Human Rights Commission of 11/5; Zoning Advisory Commission of 12/5 Library Board of Trustees Update from Meeting of November 15, 2007 Proofs of publication of City Council Proceedings of November 19 and 26, 2007 and List of Claims and Summary of Revenues for Month Ending October 31, 2007. Upon motion the documents were received and filed. Notice of Claims/Suits: Allied Insurance for personal injury claim of Ryan Glaser; David J. Waddick vs. City of Dubuque; John Tschiggfrie for property damage; Jim C. Jones for property damage; Larry and Brenda Huseman for property damage. Upon motion the documents were received and filed and referred to the City Attorney. City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Hope McDermott for personal injury; Allied Insurance for personal injury; Jim Jones for vehicle damage City Attorney recommending settlement of the claims of Greg Droessler for vehicle damage and John Tschiggfrie for property damage. Upon motion the documents were received and filed and concurred. Transit Board of Trustees: Peter V. Kies submitting his resignation from the Transit Board of Trustees, effective immediately. Upon motion the document was received and filed, and the resignation accepted. Stonebrook Subdivision: Communication from Mike Portzen, Portzen Construction, Inc., requesting final acceptance of Stonebrook Subdivision. Upon motion the documents were received and filed and referred to the City Manager. Human Rights Annual Report: Submittal of the Human Rights Commission’s Annual Report for Fiscal Year 2007. Upon motion the documents were received and filed. Cottingham and Butler – Irrevocable License: City Manager recommending approval of the th Irrevocable License for Cottingham and Butler to encroach on the public right-of-way of 8 Street and the alley adjacent to 800 Main Street to accommodate a loading dock, transformer enclosure, well head, and building bump out. Upon motion the documents were received, filed, and approved. Downtown Design Guidelines: City Manager recommending approval of a Certified Local Government (CLG) grant agreement for the Downtown Design Guidelines project. Motion by Braig to receive and file the documents and adopt Resolution No. 586-07 Approving CLG Grant Agreement with the State Historical Society of Iowa for Downtown Dubuque Design Guidelines. Seconded by Connors. Braig questioned if there is potential for or interest in Bluff Top Design Guidelines and if they are appropriate. Connors stated bluff top guidelines are very different from those used in the downtown area or the Port of Dubuque. Lindahl commented that this will be looked at as part of the Comprehensive Bluffland Plan. Motion carried 7-0. Preserve America Grant: Communication from the Historic Preservation Commission to the National Park Service in support of the Preserve America Grant application “Hollywood in the Heartland” submitted by the Iowa State Historic Preservation Office. Upon motion the documents were received and filed. Purchase of Property – 2249 Elm Street: City Manager recommending approval of the purchase of a residential dwelling located at 2249 Elm Street as part of the acquisition program associated with the Bee Branch Creek Restoration Project. Upon motion the documents were received and filed and Resolution No. 587-07 Approving the acquisition of real estate located at 2249 Elm Street in the City of Dubuque was adopted. Purchase of Property – 2300 / 2302 Washington Street: City Manager recommending approval of the purchase of a residential dwelling located at 2300 – 2302 Washington Street as part of the acquisition program associated with the Bee Branch Creek Restoration Project. Upon motion the documents were received and filed and Resolution No. 588-07 Approving the acquisition of real estate located at 2300 – 2302 Washington Street in the City of Dubuque was adopted. Stipulation of Settlement: City Attorney submitting a Stipulation of Settlement in the tax assessment appeal of A. John and Cathy A. Pesetski for property located at 2991 Deerwood Circle. Upon motion the documents were received and filed. 2 Highway 20 Phase II Landscaping Project: City Manager recommending acceptance of the Highway 20 Phase II Landscaping Project as completed by Smith Seeding, Inc. in the final contract amount of $231,417. Upon motion the documents were received and filed and Resolution No. 589-07 Accepting improvement and Resolution No. 590-07 Approving final estimate were adopted. PEG Capital Grant Expenditures: City Manager recommending approval of a request for funding from the Capital Grant for Access Equipment and Facilities. Upon motion the documents were received, filed, and approved. Delinquent Refuse, Sewer and Stormwater Management Accounts: City Manager recommending approval of the submission of the delinquent refuse, sewer and stormwater management collection accounts to the Dubuque County Treasurer in order to establish real property liens for collection of such past due accounts. Upon motion the documents were received and filed and Resolution No. 591-07 Adopting the Schedule of Assessments for delinquent refuse, sewer and stormwater collection accounts and specifying the number of annual installments into which assessments are divided, the interest on all unpaid installments, the time when the assessments are payable and directing the Clerk to certify the schedule of assessments to the County Treasurer and to publish notice thereof was adopted. 2007 Weed Assessments: City Manager recommending approval of the submission of the 2007 Weed Assessments to the Dubuque County Treasurer in order to establish real property liens for collection of the past due accounts. Upon motion the documents were received and filed and Resolution No. 592-07 Adopting the Schedule of Assessments for the 2007 Weed Enforcement Program and specifying the number of annual installments into which assessments are divided, the interest on all unpaid installments, the time when the assessments are payable and directing the Clerk to certify the schedule of assessments to the County Treasurer and to publish notice thereof was adopted. Five Flags HVAC and Promenade Roof Replacement Project: City Manager recommending award of the contract to Giese Sheet Metal Company, Inc. in the amount of $700,580 for the Five Flags HVAC and Promenade Roof Replacement Project. Upon motion the documents were received and filed and Resolution No. 593-07 Awarding public improvement contract to Giese Sheet Metal Company, Inc. for the Five Flags HVAC and Promenade Roof Replacement Project was adopted. Dubuque Girls’ Independent Softball League’s Field Lighting Project: City Manager recommending approval of the City being the purchasing agent for the Dubuque Girls’ Independent Softball League’s field lighting project. Upon motion the documents were received, filed, and approved. 2007 Annual Tax Increment Financing Report: City Manager transmitting the 2007 Annual Tax Increment Financing Report. Motion by Michalski to receive and file the documents. Seconded by Braig. Michalski requested that the City Manager summarize successful projects during discussion of Action Item #10. Business Licenses: City Manager recommending approval of annual liquor license renewals as submitted. Upon motion the documents were received and filed and Resolution No. 594-07 Granting the issuance of a Class “B” (Hotel/Motel) Liquor License to Holiday Inn Dubuque Five 3 Flags; a Class “C” Beer/Liquor License to The Moracco, Mario’s Italian Restaurant, Bowling and Beyond, and Cue Masters Billiards; and Class “WBN” (Native Wine) License to Dubuque Humane Society and Hy-Vee Gas #2 was adopted. ITEM TO BE SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, set the public hearing as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Jones. Motion carried 7-0. Eminent Domain Proceedings: City Manager recommending that a public hearing be set for January 22, 2008, to consider approval of eminent domain proceedings to acquire property for the Dubuque Regional Airport Terminal Relocation Project. Upon motion the documents were received and filed and Resolution No. 596-07 Setting a public hearing on the intent to acquire or condemn, if necessary, property for the Dubuque Regional Airport Terminal Relocation Project was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on January 22, 2008, in the Historic Federal Building. BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions. Housing Code Appeals Board (One expired three-year term through January 11, 2009) Applicant Ryan Killburg spoke in support of his appointment. Human Rights Commission (Three 3-year terms expiring January 1, 2008 – Terms of Rubinstien, Foster and Ross). Applicants: Colin Scott, Dan Chatfield, Marcos Rubinstien Transit Board of Trustees (One vacant 3-year term through July 30, 2009 – Term of Kies). Applicants: Don Stedman, Harry Bemis SUSPEND THE RULES Upon motion the rules were suspended allowing anyone to address the City Council. PUBLIC HEARINGS John F. Kennedy Sidewalk Installation Project: Proof of publication on notice of public hearing to consider approval of the plans and specifications, form of contract, estimated cost and preliminary schedule of assessments for the John F. Kennedy Sidewalk Installation Project and City Manager recommending approval. Petition from residents on John F. Kennedy Road from Asbury Road to Iowa Hwy 32 (Northwest Arterial) in opposition to the proposed sidewalk installation project. Communication from Robert F. Lynn, 2381 Gordon Drive, in opposition to the proposed installation of sidewalks on John F. Kennedy Road. City Manager advising that the neighborhood meeting regarding the JFK Sidewalk th Installation Project, scheduled for Tuesday, December 11, was cancelled due to weather; however, there have been phone conversations with Gordon Drive residents. Motion by Connors to receive and file the documents and adopt the Resolutions approving plans, specifications, form of contract, and estimated cost for the John F. Kennedy Sidewalk Installation Project, Asbury Road to Hwy 32 (Northwest Arterial); Resolution of Necessity for 4 the John F. Kennedy Sidewalk Installation Project, from Asbury Road to Iowa Hwy 32 (Northwest Arterial); and Resolution approving preliminary schedule of assessments for the John F. Kennedy Sidewalk Installation Project, Asbury Road to Iowa Hwy 32 (Northwest Arterial). Seconded by Jones. Jolene Rettenberger, 2291 Gordon Drive, spoke in opposition to the proposed project. She recapped the Council meeting of July 6, 1999, where 100 percent of the residents opposed the project at that time. She said that then Council Member Buol agreed that the sidewalk was not necessary; Council Member Joe Robbins had said that petitions were circulated and people signed them without knowing what it was about; and Council Member Ann Michalski had said she believed sidewalks would be unsafe to walk on. Dee Maggio, 2343 Gordon Drive; Rita Kueter, 2299 Gordon Drive; Carol Meyer, 2644 John F. Kennedy Road; Julie Janzen, 2549 Rosewood; Arnie Honkamp, 2345 John F. Kennedy Road; Mike Rettenberger, 2291 Gordon Drive, Kathy Spear, 2531 John F. Kennedy Road, Marion Pliner, 2690, Marywood; Sherry Clancy, 2691 Marywood; Leann Lynn, 2381 Gordon Drive; Victoria Nauman, 2571 John F. Kennedy Road; Eugene Heeren, 2639 John F. Kennedy Road, and Tom Sarvis, 2975 John F. Kennedy Road, spoke in opposition to the project stating the high cost of installation, the difficulty to maintain – especially during the winter months, and the fact that it is unsafe to walk along John F. Kennedy Road. Bob Parks, 2939 Brandywine, spoke in support of the installation of sidewalks; however he said that a sidewalk was not as necessary along Gordon Drive as it was north of Kaufmann Avenue, especially north of Spring Valley Road to the Northwest Arterial. Lynch said that of those that spoke, he did not hear anything with respect to a need for sidewalks, but that the project was creating a hardship both financial and physical. Cline questioned why build in that area. She said she would not vote for the project and explained the process for the record. Michalski stated that she opposed the project in 1999 to place sidewalks along Gordon Drive. She was concerned with the area around Kaufmann Avenue and John F. Kennedy Road, especially north of Spring Valley Road. She requested that the City review the maintenance of sidewalks along arterials. Jones spoke about the public and private costs noting that the City does incur costs. He reiterated that this was not a “done deal,” and that there is a statutory process for such a project. He admitted that he was the one responsible for bringing it to the table, but he is not supportive of it now. Braig said she would never vote for a sidewalk along Gordon Drive and making residents responsible for what is essentially a public sidewalk. She believes there is a need for more bus stops and that the City should look at more use of paths and trails. Connors thanked her colleagues for expressing the same concerns she had. Buol stated that if sidewalks were needed in the area, there would have been more people present in support of the project. Motion failed 0-7. Medical Associates Clinic / Robert Hartig – Planned Unit Development District (PUD) Amendment: Communication from Bob Hartig, Medical Associates, requesting that this item be tabled to February 4, 2008. Proof of publication on notice of public hearing to consider a request from Medical Associates Clinic / Robert Hartig to amend the existing Associates Park Planned Unit Development (PUD) District to designate a portion of the existing greenway buffer for business use and Zoning Advisory Commission recommending denial. Communication from Kathleen R. Kelley, 3836 Cora Drive, in opposition to the proposed amendment to the Associates Park Planned Unit Development District. Motion by Michalski to table until February 4, 2008. Seconded by Braig. Motion carried 7-0. 5 Voluntary Annexation Request: Proof of publication on notice of public hearing to consider approval of the voluntary annexation request of Kress Industrial Facility and City Manager recommending approval. Motion by Cline to receive and file the documents, recess the public hearing, and table the request until after the rezoning is decided. Seconded by Braig. Braig stated that this was doing things backwards. Connors stated she was more in favor of waiting for the rezoning. Anna O’Shea, County Zoning Administrator, stated the County had concerns about the rezoning and annexation; however, she would wait to express those concerns at the public hearing on the rezoning issue. Motion carried 7-0. Traut Terrace Vacate Petition: Proof of publication on notice of public hearing to consider a request from Greg Laufenberg for vacating and sale of a portion of Traut Terrace south of Diagonal Street and City Manager recommending approval. Communication from Greg and Linda Laufenberg regarding the purchase of a portion of City-owned right-of-way and requesting reimbursement for additional expenses. Motion by Cline to receive and file the documents and adopt the resolutions. Seconded by Braig. Greg Laufenberg spoke in support of his request to purchase eleven feet of City-owned property and gave the history of the project. He stated he did not know he was in the City right-of-way when he started construction of the garage. He further stated that he had zoning approval and approval from the Building Services Department. Michalski stated that it was Mr. Laufenberg’s responsibility to know his property lines. Connors said that not all citizens know what needs to be done. City Engineer Gus Psihoyos stated that giving the eleven feet would not allow the City the ability to do any improvements in the future and that he though the applicant was agreement to the seven foot compromise. Cline asked about the adjacent property owner. Michalski stated that the compromise was reasonable and she couldn’t vote for a change at this point. Braig said she felt the applicant had tried to do what he thought was required and was not trying to pull something over the City. She stated a lot of citizens do not know what to ask. She felt the fair thing to do was give the applicant the eleven feet. Cline agreed that the applicant was acting in good faith. Lindahl suggested tabling the issue and having the property replatted. Cline amended the motion to specify the eleven feet and re-platting. Seconded by Braig. Motion carried 6-1 with Jones voting Nay. Greater Downtown Urban Renewal District: Proof of publication on notice of pubic hearing to consider an amendment to the Greater Downtown Urban Renewal District to expand the district to include the Warehouse District and portions of property along South Main Street and City Manager recommending approval. Communication from the Long Range Planning Advisory Commission recommending approval of the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District. Motion by Michalski to receive and file the documents and adopt Resolution No. 597-07 Approving the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District. Seconded by Connors. Dubuque Main Street Director Dan LoBianco, 3505 Westway, stated that this is an important tool for Dubuque Main Street. Tony Pfohl, 980 Indian Ridge, thanked the Council on behalf of the property owners on South Main Street. Motion carried 7-0. Bee Branch Floodwall Pumping Station Auxiliary Power Project: Proof of publication on notice of public hearing to consider approval of the plans and specifications, form of contract 6 and estimated cost for the Bee Branch Floodwall Pumping Station Auxiliary Power Project and City Manager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 598-07 Approving plans, specifications, form of contract, and estimated cost for the Bee Branch Floodwall Pumping Station Auxiliary Power Project. Seconded by Michalski. Motion carried 7-0. REINSTATE THE RULES Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Dog Park: Communication from Roger Ruden, 1020 Aspen Court, requesting to address the City Council regarding the dog park located on North Grandview Avenue. City Manager providing an update on attempts to locate another dog park in the City of Dubuque. Motion by Cline to receive and file the documents. Seconded by Connors. Roger Ruden, 1020 Aspen Court, cited the actions of City Council to protect neighbors in two separate rezoning cases – the request of Hartig Pharmacy to put a pharmacy in the vacated Grandview Methodist Church and the request of Easy Street Bar to allow an expansion of their outdoor service on Rhomberg Avenue. He believed the City should have done more research on the placement of a dog park and requested that the dog park be moved. Cline stated that this is a tough subject and staff is working on alternative areas. Lynch suggested that until an alternative site is found, the City should put a muzzle rule into effect. Michalski said she has never heard excessive barking when she has gone by the area. Connors said she could hear barking on the CD provided by Mr. Ruden but could not see any dogs in the park. She questioned if Mr. Ruden was hearing the right dogs. Leisure Services Manager Gil Spence said that three alternate sites have been identified. One has been dropped as an option and he th is waiting for EPA approval on the 12 Street site. Van Milligen informed the Council that the City’s Capital Improvement Project budget is being cut and it is up to the Council to prioritize this issue. Buol stated that the dog owners bear some responsibility. Jones stated that a solution needs to be found. Motion carried 7-0. Tobacco Compliance – Civil Penalty for Tobacco Permit Holders: City Manager recommending acceptance and approval of Acknowledgement/Settlement Agreements for a first violation for Casey’s General Store, 4003 Peru Road; Kwik Stop, 2390 Central Avenue; and Key West Conoco, 2150 Twin Valley Drive; and to acknowledge the exercise of the affirmative defense for Hartig Drug Company concerning their third violation occurring September 20, 2007 and it is further recommended that a hearing be set for AWN Stop Mart, 1401 Central Avenue, regarding their tobacco violation. Motion by Michalski to receive and file the documents, approve the recommendation of the City Manager and set a hearing regarding AWN Stop Mart for January 22, 2008, in the Historic Federal Building. Seconded by Connors. Motion carried 7-0. Streets in Southgate Planned Unit Development: City Manager recommending that the City not accept either Gateway Drive or Stonehill Drive as public streets as requested by Dan Mueller, developer of Southgate Subdivision. Motion by Connors to receive and file the documents and approve the City Manager’s recommendation. Seconded by Michalski. Dan Mueller, 10753 Woodland Heights Road, reviewed the history of the 18-year development stating that when he began the project he complied with everything the City 7 directed him to do. Mueller requested that Council make no decision at this meeting to allow him time to go back and work with the Engineering Department because he wants to be able to finish the subdivision. Van Milligen said that this is the second time this issue has come before Council. He gave the example of streets located within the Asbury Plaza and Sams’ Club developments, which are private streets. He stated it is a matter of liability. Motion failed 1-6. Ayes: Buol. Nays: Cline, Connors, Jones, Lynch, Michalski, and Braig. Motion by Michalski to receive and file the documents and refer to the City Manager. Seconded by Braig. Motion carried 7-0. Washington Neighborhood Comprehensive Plan: City Manager recommending approval of funds to begin a comprehensive planning process for the Washington Neighborhood. Motion by Michalski to receive and file the documents and approve. Seconded by Jones. Motion carried 6-0 with Jones temporarily out of the room. Lead Hazard Reduction Grant: City Manager recommending approval of a contract with the U.S. Department of Housing and Urban Development (HUD) for administration of the Lead Hazard Reduction Grant in the amount of $2,982,769. Motion by Cline to receive and file the documents and approve. Seconded by Connors. Motion carried 7-0. Metropolitan Coalition Agreement: City Manager recommending that the City participate in the Iowa Metropolitan Coalition and approval of the Fiscal Year 2008 contribution of $8,233.93. Motion by Cline to receive and file the documents and adopt Resolution No. 599-07 Approving the Metropolitan Coalition Agreement. Seconded by Jones. Michalski stated this was a wonderful idea but stressed the need for continued support of the Iowa League of Cities. Motion carried 7-0. City Initiatives in Response to Downtown Neighborhood Issues: City Manager recommending approval of a proposed response to issues in the downtown neighborhoods, concentrating on the Washington Street Neighborhood, including the addition of four sworn Police positions (three Police Officers and one Police Corporal acting as a Section 8 Investigator) in the current fiscal year and one additional Rental Housing Inspector position. Motion by Michalski to receive and file and approve. Seconded by Cline. The following staff members spoke: City Manager Michael Van Milligen, Housing and Community Development Director David Harris, Police Chief Kim Wadding, Assistant City Attorney Crenna Brumwell, City Engineer Gus Psihoyos, and Public Works Director Don Vogt. Buol commended Van Milligen and staff. Cline questioned if anything was being done in the Locust and Bluff Streets area. Van Milligen said the Initiatives are actually city-wide with focus on the Washington neighborhood. Cline suggested that the Police Department recommend where additional lighting should be. Jones said he was glad for having a police officer as a housing inspector. Michalski stated that the initiatives must involve all citizens. Motion carried 7-0. Delta Queen: Exemption from Safety of Life at Sea Regulations: City Manager recommending approval of a resolution in support of continuing to exempt the historic Delta Queen steamboat from the Federal Safety of Life at Sea regulations as requested by David Tschiggfrie. Motion by Jones to receive and file the documents and adopt Resolution No. 600- 07 Resolution of the City Council of Dubuque, Iowa, urging Congress to provide for the permanent exemption of the steamer Delta Queen from the provisions of the Safety of Life at Sea Act of 1966. Seconded by Connors. Motion carried 7-0. 8 Every Child/Every Promise Initiative: Communication from Lori Thielen and Eric Dregne, Co- Chairs Mississippi Valley Promise requesting support for the Every Child/Every Promise Initiative: City Manager recommending approval of funding to support the Every Child/Every Promise Initiative / Mississippi Valley Promise organizational efforts. Motion by Lynch to receive and file the documents and approve. Seconded by Jones. Motion carried 7-0. Tax Increment Financing (TIF) Ordinance for Downtown Urban Renewal District: City Manager recommending adoption of an ordinance amending the Tax Increment Financing District for the Greater Downtown Urban Renewal District. Motion by Michalski 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 Jones. Motion carried 7-0. Motion by Michalski for final consideration and passage of Ordinance No. 63-07 Amending Ordinance Nos. 20-07, 35-04, 30-82, 66-89, as previously amended, providing that general property taxes levied and collected each year on all property located within the Greater Downtown Urban Renewal District of the City of Dubuque, County of Dubuque, State of Iowa, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with the Urban Renewal Plan for the Greater Downtown Urban Renewal District. Seconded by Jones. Motion carried 7-0. Census Tract 1: City Manager recommending approval of a resolution that finds Census Tract 1 in the City of Dubuque meets the definition of a blighted area according to Section 403.17 of the Code of Iowa. Motion by Cline to receive and file the documents and adopt Resolution No. 601-07 Finding that the area within Census Tract 1 of the City of Dubuque meets the definition of a blighted area under the Urban Renewal Law and that development of said area is necessary in the interest of the residents of the City of Dubuque, Iowa. Seconded by Connors. Braig asked if the entire Census Tract had to be blighted. Housing and Community Development Director David Harris stated that it does not, but it gives the area access to Enterprise Zone benefits and allows use of Tax Increment Financing. Motion carried 7-0. Electrical Ordinance: City Manager recommending approval of one editorial change in the City’s electrical ordinance to temporarily extend the expiration date of electrical licenses to June 30, 2008. Motion by Michalski 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 Jones. Motion carried 7-0. Motion by Michalski for final consideration and passage of Ordinance No. 64-07 Amending City of Dubuque Code of Ordinances Chapter 18 Electricity, Section 81-2 National Electrical Code-Amendments, by amending Section 83-9. Seconded by Jones. Motion carried 7-0. 2008 Federal Legislative Priorities: City Manager recommending approval of the City of Dubuque Priorities and Requests for Federal Appropriations. Motion by Cline to receive and file the documents and adopt the 2008 Federal Legislative Priorities. Seconded by Connors. Michalski questioned the extensive list. Motion carried 7-0. 9 Fiscal Year 2009 Policy Guidelines: City Manager submitting the Fiscal Year 2009 Policy Guidelines for City Council review and approval. Motion by Connors to receive and file the documents and approve. Seconded by Cline. Motion carried 6-1 with Cline voting Nay. CLOSED SESSION Upon motion at 11:10 p.m., the Council convened to closed session pending litigation pursuant to Chapter 21.5(1)(c) 2007 Code of Iowa. The Council convened regular session at 11:24 p.m. stating that staff had been given proper direction. There being no further business, upon motion the Council adjourned at 11:25 p.m. /s/ Jeanne Schneider, CMC City Clerk 1t 12/26 10