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1 22 08 City Council Proceedings Official CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on January 22, 2008, in the Historic Federal Building. Mayor Pro-Tem Jones read the call and stated this is a regular session called for the purpose of discussing such matters which may properly come before the City Council. Present: Mayor Pro-Tem Jones, Council Members Braig, Connors, Lynch, Resnick, Voetberg, City Manager Van Milligen; City Attorney Lindahl Absent: Mayor Buol Invocation was provided by Reverend Alan Crandall. CONSENT ITEMS Motion by Connors to receive and file the documents and dispose of as indicated. Seconded by Lynch. Lou Oswald, 1080 Nowata Street, requested (#11) 409 Burch Street be held for separate dis- cussion. Motion carried 6-0. Minutes and Reports Submitted: Cable Community Teleprogramming Commission of 12/4; Cable TV Regulatory Commission of 11/14; City Council of 1/7; Electrical Code Board of 12/26; Enterprise Zone Commission of 1/4; Environmental Stewardship Advisory Commission of 1/8; Historic Preserva- tion Commission of 12/20 and 1/8; Housing Code Appeals Board of 7/17; Library Board of 10/25; Plumbing Board of 12/12; Zoning Advisory Commission of 1/2; Zoning Board of Adjustment of 12/20 Proofs of publication of City Council Proceedings of December 10 and 17, 2007 and List of Claims and Summary of Revenues for month ending November 30, 2007 Upon motion the documents were received and filed. Notice of Claims/Suits: John Hefel for vehicle damage; Walter Burke for vehicle damage; Marlene Booth for vehicle damage; Dennis Avenarius for vehicle damage; Heath Koster for vehicle damage; Mashiro Iwaskai for vehicle damage; Chris Blakeman for vehicle damage; Michael Keuter for property damage; Dubuque Bank and Trust vs City of Dubuque, et al; Misty L. Streif for vehicle damage. Upon motion the documents were received and filed and referred to the City Attorney. City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Marlene Booth for vehicle damage; Joyce Whelan for vehicle damage; Walter Burke for vehicle damage; John Hefel for vehicle damage; City Attorney recommending denial of the claim of Lois Pearce for vehicle damage. Upon motion the documents were received and filed and concurred. Purchase of Property – 655 Gillespie Street: City Manager recommending approval of the Offer to Buy Real Estate and Acceptance from Gary A. Anderson for property located at 655 Gillespie Street nd for the 32 Street Detention Basin Project. Upon motion the documents were received, filed, and ap- proved. Dubuque Metropolitan Area Solid Waste Agency: Communication from Chuck Goddard, Agency Administrator for the Dubuque Metropolitan Area Solid Waste Agency, submitting the Agency’s Fiscal Year 2009 budget and fee schedule. Upon motion the documents were received and filed. University Avenue Embankment Stabilization Project: City Manager recommending acceptance of the University Avenue Embankment Stabilization Project as completed by Connolly Construction in the final contract amount of $356,739.39. Upon motion the documents were received and filed and Resolution No. 16-08 Accepting the University Avenue Embankment Stabilization Project (Iowa DOT No. ER 2100 (636)—8R-31) and authorizing payment of the contract amount was adopted. RESOLUTION NO. 16-08 ACCEPTING THE UNIVERSITY AVENUE STABILIZATION PROJECT (IOWA DOT NO. ER 2100 (636)--8R-31) AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CON- TRACTOR Whereas, the Public Improvement Contract for the University Avenue Stabilization Project (Iowa DOT No. ER 2100 (636)--8R-31) (the Project) has been completed and the City Engineer has exam- ined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby ac- cepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the University Slope Failure Capital Improvement Project and the Federal Emergency Relief Funding for the con- tract amount of $356,739.39 less any retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code chapter 573. nd Passed, approved and adopted this 22 day of January, 2008. Ric W. Jones, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE UNIVERSITY AVENUE STABILIZATION PROJECT (IOWA DOT NO. ER 2100 (636)--8R-31) The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has in- spected the University Avenue Stabilization Project (Iowa DOT No. ER 2100 (636)--8R-31), that the Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $449,894.84. nd Dated this 22 day of January, 2008. Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 22nd day of January, 2008. Jeanne F. Schneider, CMC, City Clerk Decorative Concrete Repair and Maintenance Project: City Manager recommending acceptance of the Decorative Concrete Repair and Maintenance Project as completed by Tschiggfrie Excavating in the final contract amount of $159,175.12. Upon motion the documents were received and filed and Resolution No. 17-08 Accepting the Decorative Concrete and Repair Maintenance Project and au- thorizing payment of the contract amount was adopted. 2 RESOLUTION NO. 17-08 ACCEPTING THE DECORATIVE CONCRETE REPAIR AND MAINTENANCE PROJECT AND AU- THORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Decorative Concrete Repair and Maintenance Project (the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improve- ment Contract and that the City Engineer recommends that the Project be accepted; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby ac- cepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the Fiscal Year 2007 Decorative Concrete Maintenance Capital Improvement Project appropriation and private par- ticipation from the Port of Dubuque Development, LLC for the contract amount of $159,175.12 less any retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code chapter 573. nd Passed, approved and adopted this 22 day of January, 2008. Ric W. Jones, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE DECORATIVE CONCRETE REPAIR AND MAINTENANCE PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has in- spected the Decorative Concrete Repair and Maintenance Project, that the Project has been per- formed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $182,759.99. nd Dated this 22 day of January, 2008. Gus Psihoyos, City Engineer nd Filed in the office of the City Clerk on the 22 day of January, 2008. Jeanne F. Schneider, CMC, City Clerk Citizen Communication: Communication from John and Barbara Tranel regarding the billboard at First Street. Upon motion the document was received and filed and referred to the City Manager. Fiscal Year 2008 Annual Action Plan – Amendments #2 and #3: City Manager recommending ap- proval of Amendments #2 and #3 for the Fiscal Year 2008 Annual Action Plan for the City’s Commu- nity Development Block Grant (CDBG) program. Upon motion the documents were received and filed and Resolution No. 18-08 Approving the Fiscal Year 2008 (Program Year 2007) Annual Action Plan – Amendments #2 and #3 for Community Development Block Grant funds was adopted. RESOLUTION NO. 18-08 RESOLUTION APPROVING THE FISCAL YEAR 2008 (PROGRAM YEAR 2007) ANNUAL ACTION PLAN - AMENDMENTS 2 & 3 FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. Whereas, the City of Dubuque prepared and filed Annual Action Plans for Fiscal Years 2007 and 2008; and Whereas, the City of Dubuque now desires to amend said Annual Plans by incorporating them into one amended and restated plan as per the attached Exhibit A; and Whereas, said amendment is a substantial amendment as provided in the City's Citizen Participa- tion Plan and must therefore be approved by resolution of the City Council after a public hearing by 3 the Community Development Advisory Commission; and Whereas, the City advertised a 30 day public comment period; and Whereas, the Community Development Advisory Commission reviewed the proposed amendments at a public hearing on November 28, 2007 and January 9, 2008, and has voted to approve said amendments and to recommend approval by the City Council. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Annual Action Plans for Fiscal Years 2007 and 2008 are hereby rescinded and the balance of funds from these plans is incorporated into a Fiscal Year 2008 (Program Year 2007) Annual Action Plan- Amendments 2 & 3 attached hereto as Exhibit A. Section 2. That said Fiscal Year 2008 (Program Year 2007) Annual Action Plan- Amendments 2 & 3 attached hereto as Exhibit A is hereby approved. Section 3. That the City Manager is hereby authorized and directed to submit a copy of this resolu- tion and Plan to the U. S. Department of Housing and Urban Development. nd Passed, approved and adopted this 22 day of January, 2008. Ric W. Jones, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk Engineering Design of North Siegert Farm: City Manager recommending approval of a contract with IIW Engineers and Surveyors, PC in the amount of $203,010 for engineering design of the North Siegert Farm. Upon motion the documents were received and filed and Resolution No. 19-08 Author- izing contract with IIW Engineering and Surveyors, P.C. for the design and engineering of Dubuque Industrial Center West – North Siegert Addition was adopted. RESOLUTION NO. 19-08 RESOLUTION AUTHORIZING CONTRACT WITH IIW ENGINEERS & SURVEYORS, P.C. FOR THE DESIGN AND ENGINEERING OF DUBUQUE INDUSTRIAL CENTER WEST – NORTH SIEGERT ADDITION Whereas, the City Council has made the development of the next phase of the Dubuque Industrial Center West a high priority; and Whereas, a Request for Proposals was issued, responses have been received and reviewed; and Whereas, on October 15, 2007, the City Council approved the selection of IIW Engineers and Sur- veyors, PC; and Whereas, the City has budgeted for the design engineering work in the FY 08 Budget, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. IIW Engineers & Surveyors, P.C. is hereby awarded a contract to provide design engi- neering services for Dubuque Industrial Center West – North Siegert Addition for a not to exceed amount of $203,010. Section 2. The Mayor is hereby authorized to sign a contract and detailed scope of services with IIW Engineers & Surveyors, P.C. for the proposed design engineering work. nd Passed, approved and adopted this 22 day of January, 2008. Ric W. Jones, Mayor Pro-tem Attest: Jeanne F. Schneider, CMC, City Clerk Washington Court: City Manager recommending approval of an amendment to Declaration of Submission to Horizontal Property Regime Washington Court Building and an Amendment to Mort- gage related to the Washington Court project. Upon motion the documents were received and filed and Resolution No. 20-08 Approving an amendment to Declaration of Submission to Horizontal Prop- 4 erty Regime Washington Court Building, Dubuque, Iowa, and an amendment to certain mortgages between the City of Dubuque, Iowa and Washington Court, LP, was adopted. RESOLUTION NO. 20-08 APPROVING AN AMENDMENT TO DECLARATION OF SUBMISSION TO HORIZONTAL PROP- ERTY REGIME WASHINGTON COURT BUILDING, DUBUQUE, IOWA, AND AN AMENDMENT TO CERTAIN MORTGAGES BETWEEN THE CITY OF DUBUQUE, IOWA AND WASHINGTON COURT, LP WHEREAS, by Resolution No. 563-06, the City Council approved an Agreement between the City of Dubuque, Iowa, Washington Court, LP, and Pine Box, LLP for the exchange of certain property in connection with the Crescent Community Health Center; and WHEREAS, the parties agreed to exchange certain property owned by them for a parking lot to serve the Crescent Community Health Center; and WHEREAS, it is necessary for Washington Court, LP to amend its Declaration of Submission to Horizontal Property Regime to accommodate the exchange of property; and WHEREAS, it is necessary for the City of Dubuque to consent to the Amendment to the Declara- tion of Submission; and WHEREAS, it is further necessary for the City of Dubuque to consent to an amendment to two mortgages held by the City of Dubuque with respect to Washington Court, LP property to be ex- changed in order to accommodate the exchange of property; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. The Amendment To Declaration Of Submission To Horizontal Property Regime Wash- ington Court Building, Dubuque, Iowa, attached hereto is hereby approved. Section 2. The Amendment To Mortgage Between the City Of Dubuque, Iowa and Washington Court, LP, attached hereto is hereby approved. nd Passed, approved and adopted this 22 day of January, 2008. Ric W. Jones, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk 409 Burch Street: City Manager recommending that the fair market value for property located at 409 Burch Street be established at $34,000. Motion by Connors to receive and file the documents and adopt Resolution No. 21-08 Establishing the Fair Market Value of real property at 409 Burch Street, Dubuque, Iowa, owned by John White. Seconded by Voetberg. Lou Oswald, 1080 Nowata Street, asked how the fair market value of $34,000 was arrived at. Jones stated the City went through an independent appraiser. Resnick stated the appraiser went through an intricate process and that he was satisfied with the amount. Lindahl stated that the City will make the offer to purchase, and if it is not accepted, the City will then begin the condemnation process. Motion carried 6-0. RESOLUTION NO. 21-08 ESTABLISHING THE FAIR MARKET VALUE OF REAL PROPERTY AT 409 BURCH STREET, DUBUQUE, IOWA, OWNED BY JOHN WHITE WHEREAS, John White (Owner) is the owner of the real property at 409 Burch Street legally de- scribed as follows (the Property): Lot 4 in Geo. B. Burch’s Subdivision in the City of Dubuque, Iowa, according to the recorded plat thereof; and Whereas, the City Council has found that the Property constitutes a public nuisance; and Whereas, the City of Dubuque (City) intends to acquire the Property for the purpose of abating the public nuisance as authorized by Iowa Code § 364.12A; and Whereas, Iowa law requires that City must make a good faith effort to negotiate with Owner to pur- 5 chase the Property before proceeding with condemnation; and Whereas, City may not make an offer to purchase the Property which is less than the fair market value City has established for the Property; and Whereas, City has caused an appraisal of the Property to be made and the appraised value of the Property is $34,000.00; and Whereas, the City Council now desires to establish the fair market value of the Property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: 1. The fair market value of the Property is hereby established to be $34,000.00. 2. The City Manager and the City Attorney are hereby authorized to commence negotiations with Owner of the Property and any other interested parties for the purchase of the Property for a pur- chase price which is not less than the fair market value established by this Resolution. nd Passed, approved and adopted this 22 day of January, 2008. Ric W. Jones, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk Lead-Based Paint Hazard Control Grant Program: City Manager recommending approval of the publication of a Notice of Intent to Request Release of Funds for the Lead-Based Paint Hazard Con- trol Grant Program. Upon motion the documents were received and filed and Resolution No. 22-08 Authorizing publication of a Notice of Intent to Request Release of Funds for Lead-Based Paint Haz- ard Control Grant Program was adopted. RESOLUTION NO. 22-08 A RESOLUTION AUTHORIZING PUBLICATION OF A NOTICE OF INTENT TO REQUEST RE- LEASE OF FUNDS FOR LEAD-BASED PAINT HAZARD CONTROL GRANT PROGRAM. Whereas, the City of Dubuque will enter into a Grant Agreement with the U.S. Department of Hous- ing and Urban Development, Office of Healthy Homes and Lead Hazard Control, providing for a Lead-Based Paint Hazard Control Grant, and Whereas, pursuant to the rules and regulations as promulgated by the U.S. Department of Housing and Urban Development, an environmental review has been processed for the Lead-Based Paint Hazard Control Grant Program; and Whereas, based on said environmental review, the Housing and Community Development De- partment has determined that said project is categorically excluded under HUD regulations at 24 CFR Part 58 from the National Environmental Policy Act requirements; and Whereas, a Notice of Intent to Request Release of Funds for said program will be published in a newspaper of general circulation; and Whereas, any and all comments received as a result of such notice will be duly considered before proceeding with a Request for Release of Funds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Clerk be and is hereby authorized and directed to publish a Notice of In- tent to Request Release of Funds for the Lead-Based Paint Hazard Control Grant Program and to make the Environmental Review Record for said projects available for public inspection and comment until 5:00 p.m. on February 4, 2008. Such notice shall be in the form of Exhibit "A" attached hereto and made a part hereof. Section 2. That the environmental review record for the project shall be placed on file in the Hous- th ing and Community Development Department, 350 West 6 Street, Suite 312, Dubuque, Iowa where said record may be examined and copied by any interested party. Section 3. That the Mayor of the City of Dubuque is hereby authorized and directed to submit to 6 the U.S. Department of Housing and Urban Development seven (7) days after publication of appro- priate notice a Request for Release of Funds to undertake the said project. Section 4. That the Mayor of the City of Dubuque is hereby authorized to consent to assume the status of a responsible federal official under the National Environmental Protection Act, insofar as the provisions of the said Act apply to the U.S. Department of Housing and Urban Development respon- sibilities for review, decision making, and action assumed and carried out by the City of Dubuque as to environmental issues. Section 5. That the Mayor of the City of Dubuque is hereby authorized to consent in his official ca- pacity as Mayor and on behalf of the City of Dubuque, to accept the jurisdiction of the federal courts if an action is brought to enforce responsibilities in relation to environmental review, decision-making and action. Section 6. That the Mayor of the City of Dubuque is and he is hereby authorized and directed to execute a certification pertaining to the environmental review procedures. nd Passed, approved and adopted this 22 day of January 2008. Ric W. Jones, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk Comprehensive Annual Financial Report (CAFR): City Manager transmitting the Fiscal Year 2007 Comprehensive Annual Financial Report (CAFR), Parking Facilities Financial Statements, Dubuque Metropolitan Solid Waste Agency Report, Management Letter and City Response to the Management Letter. Upon motion the documents were received and filed. Metropolitan Coalition: City Manager recommending approval of the designation of Mayor Roy D. Buol as the City’s Delegate to the Metropolitan Coalition and Assistant City Manager Teri Goodmann as the Alternate. Upon motion the documents were received and filed. Bee Branch Floodwall Pumping Station Auxiliary Power Project: City Manager recommending award of the contract for the Bee Branch Floodwall Pumping Station Auxiliary Power Project to A & G Electric in the amount of $370,038.00. Upon motion the documents were received and filed and Resolution No. 23-08 Awarding public improvement contract for the Bee Branch Floodwall Pumping Station Auxiliary Power Project to A & G Electric was adopted. RESOLUTION NO. 23-08 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE BEE BRANCH FLOODWALL PUMP- ING STATION AUXILIARY POWER PROJECT Whereas, sealed proposals have been submitted by contractors for the Bee Branch Floodwall Pumping Station Auxiliary Power Project (the Project) pursuant to Resolution No. 583-07 and Notice th to Bidders published in the City of Dubuque, Iowa on the 7 day of December, 2007. rd Whereas, said sealed proposals were opened and read on the 3 day of January, 2008 and it has been determined that A & G Electric of Dubuque, Iowa, with a bid in the amount of $370,038.00, is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Public Improvement Contract for the Project is hereby awarded to A & G Electric and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. nd Passed, adopted and approved this 22 day of January, 2008. Ric W. Jones, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk 7 West Third Street and Hill Street – Traffic Control: City Manager advising that stop signs will be in- rd stalled on Hill Street at West 3 Street, making this a 4-way stop controlled intersection. Upon motion the documents were received and filed. Arthur Frommelt Estate: City Manager recommending approval of the Offer to Buy Real Estate re- garding the Frommelt Estate. Upon motion the documents were received, filed, and approved. Holliday Third Addition – Stormwater Facilities Agreement: City Manager recommending approval rd of a request from QHQ, the developer of Holliday 3 Addition, for consent to the assignment of inter- est in the Stormwater Facilities Agreement. Upon motion the documents were received, filed, and ap- proved. Business Licenses: City Manager recommending approval of annual liquor license renewals as submitted. Upon motion the documents were received and filed and Resolution No. 24-08 Granting the issuance of a Class “C” Beer Permit to Big 10 Mart, Oky Doky #8, Oky Doky #21 and Hartig Drug #4; and Resolution No. 25-08 Granting the issuance of a Class “C” Beer/Liquor License to Town Clock Inn, DeMac’s Copper Kettle and Taiko Japanese Restaurant; and Class “B” Wine Permit to Har- tig Drug #4 were adopted. RESOLUTION NO. 24-08 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved: and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS “C” BEER PERMIT Molo Oil Company Big 10 Mart+(Sunday Sale) 2100 JFK Road Hill Street Plaza, Inc. Oky Doky #8 Foods+(Sunday Sale) 535 Hill Street TFM Company Oky Doky # 21+(Sunday Sale) 2010 Kerper Blvd. Hartigs Drug Company Hartig Drug # 4+(Sunday Sale) 2225 Central Ave. Passed, approved and adopted this 22nd day of January, 2008. Ric W. Jones, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 25-08 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State Laws and all City Ordinances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor Li- cense. 8 CLASS “C” BEER/LIQUOR LICENSE Town Clock Plaza Town Clock Inn 799 Town Clock Plaza DeMac’s Copper Kettle, Inc. DeMac’s Copper Kettle+(Sunday 2987 Jackson Street Sale) Taiko Japanese Restaurant Taiko Japanese Rest.+(Sunday 2155 Southpark Sale) CLASS “B” WINE Hartig Drug Company Hartig Drug # 4 2225 Central Ave. Passed, approved and adopted this 22nd day of January, 2008. Ric W. Jones, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk ITEMS TO BE SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents with exception to (#1) Library Renovation Pro- ject, set the public hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Braig. Motion carried 5-1 with Resnick voting Nay. Library Renovation Project: Library Board of Trustees recommending initiation of the public bidding procedure for the Carnegie-Stout Public Library Renovation Project and that a public hearing be set for February 4, 2008, to consider a Resolution approving plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost; and ordering the advertisement for bids. City Manager recommending that the request from the Library Board of Trustees to initiate the pub- lic bidding procedure for the Library Renovation Project not be approved. Motion by Lynch to table. Seconded by Voetberg. Connors stated that it was clear from the begin- ning that the Library should have its money committed and fundraising completed. Voetberg stated that the issue was if the money was available. Library Director Susan Henricks spoke requesting this item be tabled. Motion carried 6-0. Arboretum Drive – Request to Vacate: City Manager recommending that a public hearing be set for February 4, 2008 to consider a request from Mike Felderman to vacate and purchase a portion of Ar- boretum Drive. Communication from Mike Felderman requesting to purchase a portion of City-owned property along Arboretum Drive. Upon motion the documents were received and filed and Resolution No. 26-08 Resolution of Intent to vacate and dispose of City interest in Lots B, C and D of Breven Place No. 2 in the City of Du- buque, Dubuque County, Iowa, was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on February 4, 2008, in the Historic Federal Building. Motion carried 6-0. RESOLUTION NO. 26-08 RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN LOTS B, C, AND D OF BREVEN PLACE NO. 2 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, Michael G. and Ann C. Felderman have requested the vacating and disposal of a portion of Arboretum Drive south of the relocated Arboretum Drive and underlying roadway easement; and Whereas, Buesing & Associates has prepared and submitted to the City Council a plat showing the vacated portion of Arboretum Drive south of the relocated Arboretum Drive and underlying roadway easement and assigned lot numbers thereto, which hereinafter shall be known and described as Lots B, C, and D of Breven Place No. 2 in the City of Dubuque, Dubuque County, Iowa, should be ap- 9 proved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to vacate Lots B, C, and D of Breven Place No. 2 and dispose of its interest in Lot B of Breven Place No. 2 in the City of Dubuque, Dubuque County, Iowa. Section 2. That the conveyance of Lot B of Breven Place No. 2 in the City of Dubuque, Dubuque County, Iowa, to Michael G. and Ann C. Felderman be contingent upon the payment of $300.00, plus platting, publication and filing fees. Section 3. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to vacate Lots B, C, and D of Breven Place No. 2 and dispose of Lot B of Breven Place No. 2 to be published in the manner as prescribed by law. nd Passed, approved and adopted this 22 day of January, 2008. Ric W. Jones, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk Iowa Wireless Services, LLC: City Manager recommending that a public hearing be set for Febru- ary 4, 2008 to consider a proposed lease of space to Iowa Wireless Services, LLC for a telecommu- nication antenna facility on the Pennsylvania Avenue Water Tank. Upon motion the documents were received and filed and Resolution No. 27-08 Resolution of Intent to dispose of an interest in real property owned by the City of Dubuque by lease agreement between the City of Dubuque, Iowa and Iowa Wireless Services, LLC for the installation and operation of a wireless telecommunication an- tenna facility was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on Febru- ary 4, 2008, in the Historic Federal Building. RESOLUTION NO. 27-08 RESOLUTION OF INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY OWNED BY THE CITY OF DUBUQUE BY LEASE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND IOWA WIRELESS SERVICES, LLC FOR THE INSTALLATION AND OPERATION OF A WIRELESS TELECOMMUNICATION ANTENNA FACILITY WHEREAS, the City Council of the City of Dubuque, Iowa encourages the expansion of wireless communication services to its citizens, businesses and institutions while at the same time minimizing safety and aesthetic concerns posed by the construction of new towers and monopoles in residential areas; and WHEREAS, Iowa Wireless Services, LLC is the holder of a current Federal Communications Commission License to provide certain wireless communication services for sale in and around the City of Dubuque; and WHEREAS, Iowa Wireless Services, LLC desires to expand its signal coverage area and enhance the quality and capacity of its technical infrastructure by installing and operating a wireless telecom- munication antenna facility on or near a water storage tank owned by the City of Dubuque identified as site W-5 and located at 4136 Pennsylvania Avenue in Dubuque, Iowa; and WHEREAS, the City of Dubuque desires to lease to Iowa Wireless Services, LLC certain space on top of the site W-5 water tank along with adjacent ground space for the purpose of installation and operation of a wireless telecommunication facility; and WHEREAS, representatives of Iowa Wireless Services, LLC and the City of Dubuque have negoti- ated terms for a Lease Agreement, now on file with the City Clerk, which the City Council finds bene- ficial to the community; and WHEREAS, the City Council has tentatively determined that it would be in the best interest of the City to enter into the Lease Agreement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, 10 IOWA: Section 1. The City Council of the City of Dubuque intends to lease space on the top of the Penn- sylvania Avenue water tank and ground space below, or adjacent to the tower in support of an equipment building pursuant to the terms of the Lease Agreement. Section 2. The City Clerk is hereby authorized and directed to cause this Resolution and Notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City’s intent to lease space on top of a city water tank and ground space at its base or adjacent to it, to be held on thth the 4 day of February, 2008, at 6:30 o’clock p.m. at the City Historical Federal Building, 350 W. 6 Street, Dubuque, Iowa. Passed, approved and adopted this 22nd day of January, 2008. Ric W. Jones, Mayor Pro-Tem Jeanne F. Schneider, City Clerk Fiscal Year 2009 Annual Action Plan: City Manager recommending that a public hearing be set for March 4, 2008 to consider approval of the Fiscal Year 2009 Annual Action Plan as part of the Fiscal Year 2009 budget. Upon motion the documents were received and filed and Resolution No. 28-08 Setting a public hearing on the Fiscal Year 2009 (Program Year 2008) Community Development Block Grant (CDBG) Annual Action Plan for March 4, 2008, in the Historic Federal Building was adopted. RESOLUTION NO. 28-08 A RESOLUTION SETTING A PUBLIC HEARING ON THE FISCAL YEAR 2009 PROGRAM YEAR 2008) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN. Whereas, the City of Dubuque has, through a series of public meetings and hearings, finalized a Fiscal Year 2009 (Program Year 2008) Community Development Block Grant Annual Action Plan ad- dressing both housing and non-housing needs in the community; and Whereas, copies of the draft Fiscal Year 2009 (Program Year 2008) CDBG Annual Action Plan will be available for public comment for 30 days prior to City Council action; and Whereas, the City's Community Development Advisory Commission has reviewed and recom- mended adoption of the Annual Action Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: nd Section 1. That the City Council will meet in the Historic Federal Building, Council Chambers, 2 th Floor, 350 West 6 Street, Dubuque, Iowa at 6:30 p.m. on March 4, 2008 for the purpose of holding a public hearing and taking action on the Fiscal Year 2009 (Program Year 2008) Community Develop- ment Block Grant Annual Action Plan. Section 2. That the City Clerk be and she is hereby authorized and directed to publish a notice of such public hearing and the City Council’s intent to review and take action on the Fiscal Year 2009(Program Year 2008) Community Development Block Grant Annual Plan. nd Passed, approved and adopted this 22 day of January, 2008. Ric W. Jones, Mayor Pro-Tem Attest: Jeanne F. Schneider, City Clerk BOARDS/COMMISSIONS Appointment was made to the following Board/Commission: Mediacom Charitable Foundation (Two 1-year terms through December 31, 2008 – Terms of Hall and Chavenelle). Motion by Connors to appoint Gail Chavenelle to a 1-year term through December 31, 2008. Seconded by Lynch. Twin- ing’s application will be brought back at the February 4, 2008, meeting. Motion carried 6-0. 11 PUBLIC HEARINGS Upon motion, the rules were suspended allowing anyone to address the Council. Request to Rezone – Northwest Arterial and Arboretum Drive: Proof of publication on notice of public hearing to consider a request from Mike Felderman to rezone property located at the northeast corner of the Northwest Arterial and Arboretum Drive from AG Agricultural District to R-1 Single- Family Residential District and Zoning Advisory Commission recommending approval. Motion by Connors 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. Mike Felderman, 2380 Samantha Drive, spoke in favor of the Ordinance. Connors questioned if this was in conflict with the Comprehensive Plan and hoped it didn’t mean homes would be built all along the NW Arterial to Hwy 52. Motion carried 6-0. Motion by Connors for final consideration and passage of Ordinance No. 2-08 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter de- scribed property located on the east side of Arboretum Drive from AG Agricultural District to R-1 Sin- gle-Family Residential District. Seconded by Lynch. Motion carried 6-0. OFFICIAL PUBLICATION ORDINANCE NO. 2-08 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DU- BUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED ON THE EAST SIDE OF ARBORETUM DRIVE FROM AG AGRICULTURAL DISTRICT TO R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter-described property from AG Agricultural District to R-1 Single-Family Residential District to wit: Lot B Breven Place, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Com- mission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. nd Passed, approved and adopted this 22 day of January, 2008. /s/Ric W. Jones, Mayor Pro-Tem Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 26 day of January, 2008. /s/Jeanne F. Schneider, CMC, City Clerk Sale of Property – 46 Diagonal Street (Tabled on December 17, 2007): Proof of publication on no- tice of public hearing to consider a request from Gregory Laufenberg and Linda K. Laufenberg to pur- chase 11 feet of right-of-way of Traut Terrace abutting the property at 46 Diagonal Street and City Manager recommending establishment of the sale price for the property. City Manager submitting information relating to the City’s policy that it is the responsibility of each property owner to determine the location of his or her lot line. Motion by Connors to remove from the table. Seconded by Braig. Motion carried 6-0. Motion by Connors to receive and file the documents. Seconded by Lynch. Greg Laufenberg, 46 Diagonal Street, stated that he agreed to the purchase price. 12 Motion by Connors to amend the purchase price. Seconded by Lynch. Motion carried 6-0. Motion by Connors to receive and file the documents as amended and adopt Resolution No. 29-08 Approving plat of proposed vacated portion of Traut Terrace south of Diagonal Street; Resolution No. 30-08 Vacating a portion of Traut Terrace south of Diagonal Street; and Resolution No. 31-08 Dispos- ing of City interest in Lot 8A of Dunn’s Subdivision in the City of Dubuque, Dubuque County, Iowa. Seconded by Lynch. Motion carried 6-0. RESOLUTION NO. 29-08 RESOLUTION APPROVING PLAT OF PROPOSED VACATED PORTION OF TRAUT TERRACE SOUTH OF DIAGONAL STREET Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated th the 19 day of December, 2007, prepared by Buesing & Associates, describing the proposed vacated portion of Traut Terrace south of Diagonal Street; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: th Section 1. That the plat dated the 19 day of December, 2007, prepared by Buesing & Associates, relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and is hereby authorized and directed to file said plat and certi- fied copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa. nd Passed, approved and adopted this 22 day of January, 2008. Ric W. Jones, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 30-08 RESOLUTION VACATING A PORTION OF TRAUT TERRACE SOUTH OF DIAGONAL STREET Whereas, Gregory and Linda K. Laufenberg have requested the vacating of a portion of Traut Ter- race south of Diagonal Street; and Whereas, Buesing & Associates has prepared and submitted to the City Council a plat showing the vacated portion of Traut Terrace south of Diagonal Street and assigned a lot number thereto, which hereinafter shall be known and described as Lot 8A of Dunn’s Subdivision in the City of Dubuque, Dubuque County, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that this portion of Traut Terrace south of Diagonal Street is no longer required for public use and vacating of said portion of Traut Terrace south of Diagonal Street, known as Lot 8A of Dunn’s Subdivision in the City of Du- buque, Dubuque County, Iowa, should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lot 8A of Dunn’s Subdivision in the City of Dubuque, Dubuque County, Iowa, be and the same is hereby vacated. nd Passed, approved and adopted this 22 day of January, 2008. Ric W. Jones, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk 13 RESOLUTION NO. 31-08 RESOLUTION DISPOSING OF CITY INTEREST IN LOT 8A OF DUNN’S SUBDIVISION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on thnd this 11 day of January, 2008, the City Council of the City of Dubuque, Iowa met on the 22 day of January, 2008, at 6:30 p.m. in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, to consider the proposal for the sale of real estate described as: Lot 8A of Dunn’s Subdivision in the City of Dubuque, Dubuque County, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposal to sell such real estate, except for easement as noted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the sale of City of Dubuque real property described as Lot 8A of Dunn’s Subdivi- sion in the City of Dubuque, Dubuque County, Iowa, to Gregory and Linda K. Laufenberg be and the same is hereby approved for the sum of $1,211.00, plus the cost of surveying, platting, publication, and filing fees. Conveyance shall be by Quit Claim Deed. Section 2. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to Gregory and Linda K. Laufenberg upon receipt of the purchase price in full. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. nd Passed, approved and adopted this 22 day of January, 2008. Ric W. Jones, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk Dubuque Regional Airport Terminal Relocation – Eminent Domain Proceedings: Proof of publica- tion on notice of public hearing to consider eminent domain proceedings to acquire property for the Dubuque Regional Airport Terminal Relocation Project and City Manager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 32-08 Making the fi- nal selection of a site for the Dubuque Regional Airport Terminal Relocation Project and authorizing the acquisition or condemnation, if necessary, of property for the Dubuque Regional Airport Terminal Relocation Project. Seconded by Voetberg. It was confirmed for Connors that the Bradley family was aware of eminent domain. Lynch stated that he did not like the idea of taking anyone’s property and that it was serious business. Lindahl outlined the process the City will take and said the City is not au- thorizing condemnation but approving the final site. This is a preliminary step and the issue will have to come back to Council to establish a fair market value in order to begin the eminent do- main/condemnation process. Braig reiterated that the City is not actually taking the property but pay- ing a fair price as it involves a large amount of property and money. Airport Manager Bob Grierson provided a history of the project saying that the FAA requires 26,000 square feet for a terminal and the existing space is 11,655 square feet. He reviewed the offers and counter offers as well as the FAA recommendations. Motion carried 6-0. RESOLUTION NO. 32-08 RESOLUTION MAKING THE FINAL SELECTION OF A SITE FOR THE DUBUQUE REGIONAL AIRPORT TERMINAL RELOCATION PROJECT AND AUTHORIZING THE ACQUISITION OR CONDEMNATION, IF NECESSARY, OF PROPERTY FOR THE DUBUQUE REGIONAL AIRPORT TERMINAL RELOCATION PROJECT. 14 Whereas, pursuant to Iowa Code § 6B.2A, written notice of a public hearing has been given to each owner of record of agricultural land that may be subject to condemnation for the public im- provement known as the Dubuque Regional Airport Terminal Relocation Project; and Whereas, the City Council has conducted a public hearing on the site location for the Dubuque Regional Airport Terminal Relocation Project and on whether to acquire or condemn, if necessary, the property necessary for the Dubuque Regional Airport Terminal Relocation Project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The following described property is determined to be the site location for the public im- provement known as the Dubuque Regional Airport Terminal Relocation Project: th Lot 2 of Lot 3 of the W ½ of the NW ¼ of Section 36, Township 88 North, Range 2 East of the 5 P.M., Dubuque County, Iowa, according to the United States Government Survey and the recorded plats thereof, subject to easements of record; Lot 1 of Lot 1 of Lot 5, and Lot A of Lot 2, both of the Subdivision of the W ½ of the NW ¼ of Sec- th tion 36, Township 88 North, Range 2 East of the 5 P.M., Dubuque County, Iowa, according to the United States Government Survey and the recorded plats thereof, subject to easements of record; Lot 2 of Merlin Bradley, Second Addition, in Section 36, Township 88 North, Range 2 East of the th 5 P.M., in Dubuque County, Iowa, according to the United States Government Survey and the re- corded plats thereof; The North ¾ of the N ½ of the SW 1/4; Lot 1 of Lot 1 of the W ½ of the NW ¼ and Lot 2 of Merlin th Bradley Addition, all in Section 36, Township 88 North, Range 2 East of the 5 P.M., in Dubuque County, Iowa, according to the United States Government Survey and the recorded plats thereof, subject to highway, and, Lot 2 of the SE ¼ of the NW ¼; and the SW ¼ of the NW ¼, except ½ acre in the SW Corner thereof deeded to Independent School District of Table Mound Township; Lot 2 of Lot 2 of the NW ¼ of the NW ¼; Lot 3 of Lot 1 of Lot 2 of Lot 1 of the NE ¼ of the NW ¼; all in Section 35, Township 88 th North, Range 2 East of the 5 P.M., in Dubuque County, Iowa, according to the United States Gov- ernment Survey and the recorded plats thereof, less right of way conveyed to the State of Iowa and/or the State Highway Commission for road purposes, and that part sold to the City of Dubuque, Iowa, for airport purposes; and together with and subject to all rights and easements of record, from November 13, 1996, title to which rests in Ronald Bradley, Jeffrey Bradley and Brian Bradley, each owning an undivided 1/3 interest, and doing business as Bradley Farms, (the Property); and Section 2. The City Council intends to acquire or condemn, if necessary, all or a portion of the Property or an interest in the Property for the Dubuque Regional Airport Terminal Relocation Project. nd Passed, approved and adopted this 22 day of January, 2008. Ric W. Jones, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk Comprehensive Plan Update: Proof of publication on notice of public hearing to consider the up- date of the 2002 Comprehensive Plan and City Manager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 33-08 Approving the update of the City of Dubuque 2002 Comprehensive Plan. Seconded by Lynch. Long Range Planning Advisory Commis- sion Chairperson Charles Winterwood spoke saying he did not agree with the City Attorney’s lan- guage recommendations and requested the City Council to reconsider keeping the original language. LRPA Commission Member Lou Oswald stated that the LRPA Commission-approved language was sent to the City Council who referred it to the City Attorney. He questioned one man changing the en- tire plan. Lynch stated that he was disappointed in Mr. Winterwood’s pointed references to an All America City and did not like the award being minimized. Braig stated that she was at first in favor of stronger language but defers to the City Attorney. City Attorney Lindahl stated that some of the lan- 15 guage was specific to implementation and that the Comprehensive Plan is a guide to implementation. Resnick stated that advisors to the City Council are important. Connors stated that it was not a case of one man changing the Plan, but that the City Attorney did so at the Council’s request. The Council did not want language that said the City “had” to do something. Motion carried 6-0. RESOLUTION NO. 33-08 RESOLUTION APPROVING THE UPDATE OF THE CITY OF DUBUQUE 2002 COMPREHENSIVE PLAN Whereas, the Long Range Planning Advisory Commission has recommended adoption of the up- date of the City of Dubuque 2002 Comprehensive Plan after an extensive public input process; and Whereas, City Council has held a public hearing on the recommended update of the City of Du- buque 2002 Comprehensive Plan. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA Section 1. The City Council hereby does adopt the update of the City of Dubuque 2002 Compre- hensive Plan. nd Passed, approved and adopted this 22 day of January 2008. Ric W. Jones, Mayor Pro Tem Attest: Jeanne F. Schneider, City Clerk Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Request to Address the City Council – Frank Belcastro: Communication from Frank Belcastro, 285 North Grandview Avenue, requesting to address the City Council regarding emergency room signs. Motion by Connors to receive and file the documents and refer to the City Manager. Seconded by Voetberg. Frank Belcastro, 285 North Grandview Avenue, spoke of the signage problem he is finding in locating the emergency rooms at Mercy and Finley Hospitals. He asked City Council to contact the CEO’s of both facilities to install signs. Motion carried 6-0. Request to Address the City Council – John G. Kroeger: Communication from John G. Kroeger, 2930 Kane Street, to address the City Council regarding the proposed smoking ban. Motion by Con- nors to receive and file the documents. Seconded by Braig. Mr. Kroeger spoke regarding government interference with free enterprise by prohibiting smoking within privately owned business establish- ments. Voetberg reiterated that there is no proposed smoking ban for Dubuque at this time. Motion carried 6-0. Greater Dubuque Development Corporation: Rick Dickinson, Executive Director of the Greater Du- buque Development Corporation, provided a verbal report on the activities of GDDC and the various programs they offer. Motion by Lynch to receive and file the documents. Seconded by Braig. Motion carried 6-0. Home Rule – State Legislative Correspondence: City Manager recommending approval to send correspondence to our State Legislators asking that they support a law that allows cities to have local determination over the implementation of smoke-free environments. City Manager submitting information provided by City Council Member Joyce Connors related to smoke-free indoor air. Motion by Connors to receive and file the documents and approve. Seconded by Braig. Motion car- 16 ried 6-0. Tobacco Compliance Hearing: City Manager recommending that a tobacco compliance hearing be held regarding the tobacco compliance violation by AWN Stop Mart #2 and if the violation is sustained st the attached order assessing the 1 violation civil penalty of $300 to AWN Stop Mart #2 be issued. Assistant City Attorney Crenna Brumwell swore in Police Chief Kim Wadding who testified regarding the tobacco compliance check and subsequent violation. Motion by Connors to receive and file the documents, accept the testimony, find AWN Shop guilty and assess the penalty. Seconded by Voetberg. Motion carried 6-0. th West 11 Street Stairs Project: : Historic Preservation Commission recommending approval of the reallocation of $90,000 in Historic District Public Improvement Program (HDPIP) funding from the thth West 11 Street Historic Lighting Project to the West 11 Street Stairs Project, subject to Historic Preservation Commission advisory design review. Motion by Voetberg to receive and file the docu- ments and approve. Seconded by Lynch. Resnick questioned the money being reallocated rather than being put back in the budget. Motion carried 6-0. Purchase of Properties – Washington Neighborhood: City Manager recommending approval of the th purchase of two vacant residential properties located at 351 East 15 Street and 1523 Elm Street as part of the Washington Neighborhood revitalization activities. Motion by Lynch to receive and file the documents and adopt Resolution No. 34-08 Approving the acquisition of real estate located at 351 th East 15 Street and at 1523 Elm Street in the City of Dubuque. Resnick asked about the status of other owner-occupied homes in the DREAMS program. Connors commended Wayne Briggs as a good City partner. Motion carried 6-0. RESOLUTION NO. 34-08 A RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE LOCATED AT 351 EAST TH 15 STREET AND AT 1523 ELM STREET, IN THE CITY OF DUBUQUE WHEREAS, the City of Dubuque intends to acquire certain properties located in the Washington Neighborhood for the purpose of their rehabilitation and resale; and WHEREAS, such acquisitions are intended to result in increased owner-occupancies, improved properties and increased real estate values. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby approves the acquisition of the following legally- described properties: “Wm Reisen Place,” and Lot 2 of the South ½ of Lot 147 in East Dubuque Addition, in the City of th Dubuque, Iowa, according to the recorded Plat thereof, (351 East 15 Street), at the cost of Fifty-five thousand dollars ($55 000). The South ½ of Lot 148 and the South 1-foot of the North ½ of Lot 148 East Dubuque Addition, in the City of Dubuque, Iowa, according to the recorded Plat thereof, (1523 Elm Street), at the cost of Fifty thousand dollars ($50 000). Section 2. That the City of Dubuque be and is hereby authorized to accept a Quit Claim deed from the owner, conveying the owner’s interest to the City of Dubuque, Iowa for the herein described real estate. Section 3. That the City Clerk be and she is hereby authorized and directed to cause said Quit Claim Deed to be recorded in the office of the Dubuque County Recorder, together with certified copy of the Resolution. Section 4. That the City Clerk be and she is hereby directed to forward a copy of this Resolution to 17 the Dubuque County Assessor and the Dubuque County Auditor. nd Passed, approved, and adoptedthis 22 day of January, 2008. Roy D. Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk Memorandum of Understanding – Julien Inn Renovation: City Manager recommending approval of a Memorandum of Understanding with the Fischer Companies for the renovation of the Julien Inn. Motion by Lynch to receive and file the documents and approve. Seconded by Braig. Fischer Compa- nies representative Tony Pfohl, 290 Main Street, said the company was very excited about the project and that it will be an asset to downtown. Motion carried 6-0. Haz Mat Memorandum of Agreement: City Manager recommending approval of a Memorandum of Agreement (MOA) for the City of Dubuque to be one of seven FEMA Type I Hazmat teams in Iowa to provide coverage for weapons of mass destruction terrorism attacks in Iowa. Motion by Connors to receive and file the documents and approve. Seconded by Lynch. Motion carried 6-0. Riverwalk Eighth Addition – Final Plat: Zoning Advisory Commission recommending approval of the final plat of Riverwalk Eighth Addition as requested by the City of Dubuque. Motion by Braig to re- ceive and file the documents and adopt Resolution No. 35-08 Approving final plat of Riverwalk Eighth Addition. Seconded by Connors. Motion carried 67-0. RESOLUTION NO. 35-08 A RESOLUTION APPROVING THE FINAL PLAT OF RIVERWALK EIGHTH ADDITION IN THE CITY OF DUBUQUE, IOWA. Whereas, there has been filed with the City Clerk a final plat of Riverwalk Eighth Addition in the City of Dubuque, Iowa; and; Whereas, upon said final plat appears streets to be known as Star Brewery Drive (Lot A) and Bell Street (Lot B), together with certain public utility, storm and sanitary sewer easements, which the owner, by said final plat, has dedicated to the public forever; and Whereas, said final plat provides 0 feet of lot frontage and 461 square feet of lot area for Lot C, where 50 feet of lot frontage and 5,000 square feet of lot area is required by Section 42-19(b) of the Subdivision Regulations; and Whereas, the final plat has been examined by the Zoning Advisory Commission and had its ap- proval endorsed thereon; and Whereas, said final plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating to it. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Star Brewery Drive (Lot A) and Bell Street (Lot B), and the ease- ments for public utilities, sanitary sewer and storm sewer as they appear upon said final plat, be and the same are hereby accepted; and Section 2. That Section 42-19(b) of the Subdivision Regulations is waived to allow Lot C to have 0 feet of lot frontage and 461 square feet of lot area, where 50 feet of lot frontage and 5,000 square feet of lot area is required. Section 3. That the final plat of Riverwalk Eighth Addition is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat. nd Passed, approved and adopted this 22 day of January 2008. Ric W. Jones, Mayor Pro Tem 18 Attest: Jeanne F. Schneider, City Clerk City of Dubuque Pavilion Reservations: City Manager recommending approval of an amendment to the Code of Ordinances to allow pavilion reservations to be made up to 23 months in advance. Mo- tion by Connors to receive and file the documents and that the requirement that a proposed ordi- nance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Braig. Motion carried 6-0. Motion by Connors for final consideration and passage of Ordinance No. 3-08 Amending the City of Dubuque Code of Ordinances Section 34-68 Meetings and Gatherings, allowing Park Group Gath- ering Reservations to be made 23 months in advance. Seconded by Lynch. Motion carried 6-0. OFFICIAL PUBLICATION ORDINANCE NO. 3-08 AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES SECTION 34-68 MEETINGS AND GATHERINGS, ALLOWING PARK GROUP GATHERING RESERVATIONS TO BE MADE 23 MONTHS IN ADVANCE Section 1. The City of Dubuque Code of Ordinances is amended as follows: Sec. 34-68. Meetings and Gatherings: Buildings for group gatherings may be reserved during the open park season by contacting the park and recreation office. Such reservations can be made 23 months in advance. Buildings shall be cleaned up after use by the party reserving the same. Litter, cans, paper, waste and refuse shall be deposited in receptacles provided therefor. Section 2. This Ordinance shall take effect upon publication. nd Passed, approved and adopted the 22 day of January, 2008. /s/Ric W. Jones, Mayor Pro-Tem Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 26 day of January, 2008. /s/Jeanne F. Schneider, CMC, City Clerk International Energy Conservation Code: City Manager recommending adoption of the 2006 Inter- national Energy Conservation Code, with four amendments. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for pas- sage at two Council meetings prior to the meeting at which it is to be passed be suspended. Sec- onded by Braig. Motion carried 6-0. Motion by Connors for final consideration and passage of Ordinance No. 4-08 Amending City of Dubuque Code of Ordinances Sections 11-7 and 11-8 providing for the adoption of the International Energy Conservation Code (2006) and making amendments thereto. Seconded by Braig. Motion car- ried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 4-08 AN ORDINANCE AMENDING CITY OF DUBUQUE CODE OF ORDINANCES SECTIONS 11-7 AND 11-8 PROVIDING FOR THE ADOPTION OF THE INTERNATIONAL ENERGY CONSERVA- TION CODE (2006) AND MAKING AMENDMENTS THERETO NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1.That Sections 11-7 and 11-8 of the Code of Ordinances of the City of Dubuque, Iowa be created: 19 Sec. 1. City of Dubuque Code of Ordinances 11-7 is amended to read as follows: Sec. 11-7 International Energy Conservation Code-Adopted. Except as hereinafter added to, deleted, modified or amended, there is hereby adopted by refer- ence as the energy code of the city that certain code known as the International Energy Conservation Code, 2006 Edition, and as published by the International Code Council, Inc., and the thermal effi- ciency provisions of such code shall be controlling in the construction of all new construction within the corporate limits of the city and the lighting efficiency provisions of such code shall be controlling in the new construction of buildings which are open to the general public during normal business hours and shall be known as the "Dubuque energy code". A copy of the International Energy Conservation Code 2006 Edition, as adopted, shall be on file in the office of the city clerk for public inspection. Sec. 2. City of Dubuque Code of Ordinances Section11-8 is amended to read as follows: Sec. 11-8 International Energy Conservation Code-Amendments The code adopted by Section 11-7 of this article is hereby amended as follows: Sec. 107.3. Add a new section to read as follows: Sec. 107.3 Referenced Codes. Where this code refers to other codes not adopted by the jurisdiction, the applicable code adopted by the jurisdiction shall govern. Sec. 202. Section 202, "General Definitions" is hereby amended by adding the following definitions in alphabetical order: GAMBLING FACILITY – BACK OF HOUSE. Areas of a gambling structure or moored barge and associated hotel, meeting, entertainment or recreation spaces that are only accessible to authorized personnel and not to the general public and guests, such as employee and delivery entrances, em- ployee lounges and dining areas, administrative offices and meeting rooms, maintenance areas, stor- age rooms, service corridors, etc. GAMBLING FACILITY – FRONT OF HOUSE. Areas of gambling structure or moored barge and associated hotel, meeting, entertainment or recreation spaces that are physically accessible or visible to the general public and guests, such as the exterior facades, landscaping, entries, lobbies, guest- room corridors, porte cocheres, retail shops, restaurants, theaters, gaming areas, guest conference and meeting rooms, other areas of entertainment or recreation, etc. KITCHEN, DISPLAY. A substantially open cooking and food preparation facility, located in the front-of-house dining room/lounge area specifically for the purpose of demonstrating the function of food and drink preparation. Sec. 505.5.1. Section 505.5.1, "Total Connected Interior Lighting Power" is hereby amended to read: 505.5.1 Total connected interior lighting power. The total connected interior lighting power (watts) shall be the sum of the watts of all interior lighting equipment as determined in accordance with Sec- tion 505.1.1 through 505.1.1.4. Exceptions: The connected power associated with the following lighting equipment is not included in the calculating total connected lighting power. 1. Specialized medical, dental, and research lighting. 2. Professional and/or competition level sports playing area lighting. 3. Display lighting for exhibits in galleries, museums, monuments, and convention centers. 4. Sleeping unit lighting in hotels, motels, boarding houses or similar buildings. 5. Emergency lighting automatically off during normal building operation. 6. Gambling Facility – Front of House areas 7. Display kitchen and bar areas. Sec. 505.5.2. Section 505.5.2, "Interior lighting power" is hereby amended, and a new Table 505.5.3 is added, to read: 505.5.2 Interior lighting power. The total interior lighting power (watts) is the sum of all interior light- ing powers for all area in the building covered in this permit. The interior lighting power is the floor area for each building area type listed in Table 505.5.2 times the value from Table 505.5.2 for that 20 area. For areas with high ceilings and lighting fixture mounting heights that exceed 12 feet, an ad- justment factor is allowed by multiplying the LPD value from Table 505.5.2 with the adjustment factor in Table 505.5.3. For the purposes of this method, an "area" shall be defined as all contiguous spaces that accommodate or are associated with a single building area type as listed in Table 505.5.2. When this method is used to calculate the total interior lighting power for an entire building, each building area type shall be treated as a separate area. 505.6. Section 505.6, "Exterior Lighting (Mandatory)" is hereby amended, to read as follows: 505.6 Exterior lighting. (Mandatory). When the power for the exterior lighting is supplied through the energy service to the building, all exterior lighting, other than low-voltage lighting, shall comply with Sections 505.6.1 and 505.6.2. Tables on file in the City Clerk’s Office. Exceptions: 1. Where approved because of historical, safety, signage or emergency considerations. 2. Light Emitting Diode (LED), neon, and cold cathode exterior lamp sources. 3. Gambling Facility – Front of House areas Section 3. When Effective. This Ordinance shall take effect immediately upon publication as pro- vided by law. nd Passed, approved and adopted this 22 day of January, 2008. /s/Ric W. Jones, Mayor Pro-Tem Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 26 day of January, 2008. /s/Jeanne F. Schneider, CMC, City Clerk Heating, Air Conditioning and Ventilating (Mechanical) Ordinance: City Manager recommending adoption of the 2006 International Fuel Gas Code published by the International Code Council. Mo- tion by Lynch to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Braig. Motion carried 6-0. Motion by Lynch for final consideration and passage of Ordinance No. 5-08 Providing that the City of Dubuque Code of Ordinances be amended by creating Section 24-3 thereto pertaining to the adop- tion of a Fuel Gas Code for the City of Dubuque, Iowa. Seconded by Braig. Motion carried 6-0. OFFICIAL PUBLICATION ORDINANCE NO. 5-08 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING THAT THE CODE OF ORDI- NANCES, CITY OF DUBUQUE, IOWA BE AMENDED BY CREATING SECTION 24-3 THEREOF PERTAINING TO THE ADOPTION OF A FUEL GAS CODE FOR THE CITY OF DUBUQUE, IOWA NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 24-3 of the Code of Ordinances of the City of Dubuque, Iowa be created: Section 24-3 Except as hereinafter added to, deleted, modified or amended, there is hereby adopted by refer- ence as the fuel gas code of the City that certain fuel gas code known as the “International Fuel Gas Code”, 2006 Edition, as prepared and edited by the International Code Council (ICC), and the provi- sions of such fuel gas code shall be controlling for the installation, maintenance and use of fuel gas piping systems, fuel gas utilization equipment, gaseous hydrogen systems and related accessories within the corporate limits of the City and shall be known as the “Dubuque Fuel Gas Code”. A copy of the International Fuel Gas Code, 2006 Edition, as adopted, shall be on file in the office of the City Clerk for public inspection. 21 Section 2. When Effective. This Ordinance shall take effect immediately upon publication as pro- vided by law. nd Passed, approved and adopted this 22 day of January, 2008. /s/Ric W Jones, Mayor Pro-Tem Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 26 day of January, 2008. /s/Jeanne F. Schneider, CMC, City Clerk Request for Proposals: City Manager recommending approval of the issuance of a Request for Proposals for consulting services related to advancing Dubuque as a sustainable community and achieving “designated green city” status. Motion by Lynch to receive and file the documents and ap- prove. Seconded by Braig. Motion carried 6-0. COUNCIL MEMBER REPORTS Connors said that she attended the Special Olympics and found it to be most enjoyable. The City should be proud of its participation in this great event. Braig said that many businesses contributed to the success of the Special Olympics such as the National Mississippi River Museum and Aquarium, which offered free admission to participants in the Special Olympics. rd Voetberg wanted to let people know about the four-way stop signs going up at West 3 and Hill Streets. He also commented on the departmental tours he and Council Member Resnick had and how impressed they were by City employees. CLOSED SESSION Upon motion at 8:50 p.m., the City Council convened in closed session regarding Litigation and Property Acquisition pursuant to Chapter 21.5(1)(c)(j) 2007 Code of Iowa. The City Council convened in regular session at 9:06 stating that they had given staff proper direc- tion. There being no further business, upon motion the Council adjourned at 9:07 p.m. /s/ Jeanne F. Schneider, CMC City Clerk 22