Loading...
4 21 08 City Council Proceedings Official CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:30 p.m. on Monday, April 21, 2008, in the Historic Federal Building. Mayor Buol read the call and stated this is a special session called for the purpose of conducting a work session regarding Purchase of Service Agreements. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voetberg, City Manager Van Milligen, City Attorney Lindahl. Council discussed what type of services should be funded and what should not be. There was consensus that economic development services were directly related to City services and needed to be funded. The question came up as to whether the City should be using “tax funds” for social service activities such as Helping Services of Northeast Iowa and the use of Community Development Grant (CDBG) and Urban Development Action Grant (UDAG) funds. Council discussed budgeting a sum of money for a grant program that non-profits could submit applications for funding; however, the question arose as to who would decide what organizations were to be funded and the amount of funding. Another possibility discussed was an expansion of the Community Partnership (cp2) Program. There was Council consensus that funding of the Purchase of Services was necessary but not as it is currently being done. Staff was directed to look at the various options and what other cities are doing and to schedule another work session when that information is available. There being no further business, upon motion the City Council adjourned at 6:25 p.m. /s/Jeanne F. Schneider, CMC City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on Monday, April 21, 2008, in the Historic Federal Building. Mayor Buol 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 Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voetberg, City Manager Van Milligen, City Attorney Lindahl Invocation was provided by Mayor Roy D. Buol PROCLAMATIONS Rotary Foundation Group Study Exchange Days (April 27 – 30, 2008) was accepted by Charlie Green of the Rotary Club; Historic Preservation Month (May, 2008) was received by Matthew Lundh of the Historic Preservation Commission CONSENT ITEMS Motion by Lynch to receive and file the documents and dispose of as indicated. Seconded by Voetberg. Braig requested (#29) Earth Charter be held for separate discussion. Motion carried 7-0. Minutes and Reports Submitted: City Council of 4/7 and 4/14; Civil Service Commission of 3/19; Historic Preservation Commission of 3/20; Housing Commission of 3/25; Housing Commission Trust Fund of 9/7; Human Rights Commission of 4/15; Zoning Advisory Commission of 4/2; Zoning Board of Adjustment of 3/27. Upon motion the documents were received and filed. Notice of Claims/Suits: Barb and Gerald Hirsch for property damage; Craig Kowalski for property damage; Russell and Diane J. Nauman for property damage; Michelle Neyen for property damage; Lasalle Bank National Association vs. City of Dubuque, et al; Helen, Chuck and Craig Spielman for property damage; Premier Linen and Drycleaning for personal injury of Cathy Ludwig; Shirley A. Cox for personal injury; Craig Hurst for personal injury; Jonathan and Sarah Ragan 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: Northeast Iowa Community College for property damage; Russell and Diane Nauman for property damage; Michelle Neyen for property damage; Craig A. Kowalski for property damage; Gerald Hirsch for property damage; Craig Hurst for personal injury; Craig Spielman for property damage; Shirley Ann Cox for personal injury. Upon motion the documents were received, filed and concurred. 2 Civil Service Commission: Civil Service Commission submitting the certified list for the position of Lead Applications/Network Analyst. Upon motion the document was received and filed and made a Matter of Record. April 10, 2008 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 2007 Code of Iowa, a written examination for the position of Lead Applications/Network Analyst have been conducted. We hereby certify that the individuals listed below have passed this written examination and vacancies for this position should be made from this list and that this list is good for two (2) years from above date. LEAD APPLICATIONS/NETWORK ANALYST Stacey J. Moore Joseph R. Pregler Respectfully submitted, Merle Duehr, Chairperson Loras Kluesner Paula Gieseman Civil Service Commission Stipulation of Settlement – Glab: City Attorney submitting a Stipulation of Settlement in the tax assessment appeal of Vicki Glab for property located at 680 Southern Avenue. Upon motion the document was received and filed. Water Pollution Control Plant Renovation: Postcards from citizens opposing the incineration option regarding the renovation of the Water Pollution Control Plant. Upon motion the documents were received and filed. Amendment to Collective Bargaining Agreement: City Manager recommending approval of an amendment to the Collective Bargaining Agreement with the Teamsters Union to provide for a work week that consists of ten hours per day/four days per week for the Airport Maintenanceworkers and Airport Mechanic. Upon motion the documents were received, filed and approved. Fiscal Year 2009 Wage Plan and Compensation Package: City Manager recommending approval of the Fiscal Year 2009 Wage Plan and Compensation Package for Non-bargaining Unit Employees. Upon motion the documents were received and filed and Resolution No. 115- 08 Approving the Wage Plan and Compensation Package for Non-bargaining Unit Employees for Fiscal Year 2009 was adopted. RESOLUTION NO. 115-08 APPROVING THE WAGE PLAN AND COMPENSATION PACKAGE FOR NON- BARGAINING UNIT EMPLOYEES FOR FISCAL YEAR 2009. Whereas, the City Manager has recommended that the Non-bargaining Unit Wage Plan for Non-bargaining Unit General Employee classifications and the Non-bargaining Unit Wage Plan for Non-assigned classifications be increased by 3.35% across-the-board effective July 1, 2008 except that there will be no wage increase on July 1, 2008 for the classifications of Mayor and City Council Members; and 3 Whereas, the City Council provides a compensation package to Non-bargaining Unit employees similar to the compensation package to be received by Bargaining Unit employees; and Whereas, the proposed wage increase for Non-bargaining Unit employees is consistent with the wage increase to be received by employees represented by the Police Association, Teamsters Union and Operating Engineers Union bargaining units. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Non-bargaining Unit Wage Plan for General Employees and the Non- bargaining Unit Wage Plan for Non-assigned classifications is hereby approved. st Passed, approved and adopted this 21 day of April, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Purchase of Property – 2315 Prince Street: City Manager recommending approval of the purchase of a residential dwelling located at 2315 Prince 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. 116-08 Approving the acquisition of real estate located at 2315 Prince Street in the City of Dubuque was adopted. RESOLUTION NO. 116-08 A RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE LOCATED AT 2315 PRINCE STREET, IN THE CITY OF DUBUQUE WHEREAS, the City of Dubuque intends to acquire certain properties located in the area of the Bee Branch Creek Restoration Project for stormwater mitigation activities as recommended in the 2001 HDR “Drainage Basin Master Plan;” and WHEREAS,a purchase agreement has been finalized with the owner of the thirty fifth property scheduled for acquisition. 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 property: Lot 1 of Lot 1 of Lot 59, Lot 2 of Lot 1 of Lot 59, Lot 1 of Lot 1 of Lot 60, Lot 2 of Lot 60, and Lot 1 of Lot 61, in “Sanford Subdivision”, in the City of Dubuque, Iowa, according to the recorded plats thereof, At the cost of Ninety-nine thousand four hundred fifty dollars ($99,450). 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 the Dubuque County Assessor and the Dubuque County Auditor. Passed, approved and adopted this 21st day of April, 2008. Roy D. Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk 4 PEG Capital Grant Expenditure Request: City Manager recommending approval of a request from Wahlert High School for funding from the Capital Grant for Access Equipment and Facilities. Upon motion the documents were received, filed and approved. Stipulation of Settlement – Dubuque Bank and Trust: City Attorney submitting a Stipulation of Settlement in the tax assessment appeals of Heartland Financial for four properties owned by Dubuque Bank and Trust. Upon motion the documents were received and filed. Fiscal Year 2009 Annual Action Plan Amendment: City Manager recommending approval of an amendment to the Fiscal Year 2009 Annual Action Plan for the City’s Community Development Block Grant Program. Upon motion the documents were received and filed and Resolution No. 117-08 Approving Amendment 1 to the Fiscal Year 2009 Annual Action Plan for the City’s Community Development Block Grant Program was adopted. RESOLUTION NO. 117- 08 RESOLUTION APPROVING AMENDMENT 1 TO THE FISCAL YEAR 2009 (PROGRAM YEAR 2008) ANNUAL ACTION PLAN FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. Whereas, the City of Dubuque has prepared and approved an Annual Plan for Fiscal Year 2009 (Program Year 2008); and Whereas, the City now desires to amend said Fiscal Year 2009 Annual Plan to reflect the reduced Fiscal Year 2009 CDBG allocation as per the attached Exhibit A; and Whereas, said amendment is a substantial amendment as provided in the City's Citizen Participation Plan and must therefore be approved by resolution of the City Council after a public hearing by the Community Development Advisory Commission; and Whereas, the City held a public comment period beginning February 20, 2008 with publication in the Dubuque Advertiser, Telegraph Herald and on the City website; and Whereas, the Community Development Advisory Commission reviewed the proposed amendment on March 26, 2008 and voted to approve said amendment 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 Amendment 1 to the Fiscal Year 2009 (Program Year 2008) Annual Plan for the Community Development Block Grant (CDBG) program hereto attached as Exhibit A is hereby approved. Section 2. That the City Manager is hereby authorized and directed to submit a copy of this resolution to the U. S. Department of Housing and Urban Development. st Passed, approved and adopted this 21 day of April 2008. Roy D Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk E.B. Lyons Interpretive Center Expansion Project: Communication from Douglas Olk, Friends of the Mines of Spain, providing an update on the E.B. Lyons Interpretive Center Expansion Project. Upon motion the document was received and filed. Friends of the Mines of Spain: Communication from Douglas Olk, Friends of the Mines of th Spain, expressing thanks for the $1,444 grant to the Friends of the Mines of Spain for the 175 Dubuque Anniversary Celebration. Upon motion the document was received and filed. 5 Aquila 2007 Dubuque Weatherization Challenge: Certificates of Recognition to the Housing and Community Development Department and Building Services Department for participation in the 2007 Dubuque Weatherization Challenge sponsored by Aquila. Upon motion the documents were received and filed. Timber-Hyrst Estates Bridge Improvements – Phase 1: City Manager recommending acceptance of the bridge improvements on Creek Wood Drive over Catfish Creek that the developer, North Cascade Road Developers, LLC has recently completed in Timber-Hyrst Estates. Upon motion the documents were received and filed and Resolution No. 118-08 Accepting bridge improvements in Timber-Hyrst Estates was adopted. RESOLUTION NO. 118-08 ACCEPTING BRIDGE IMPROVEMENTS IN TIMBER-HYRST ESTATES Whereas, pursuant to Resolution 167-06, certain public improvements including a 156’6” x 30’ continuous concrete slab bridge over Catfish Creek was installed by the developer of the Timber-Hyrst Estates. Whereas, the improvements have been completed and the City Manager has examined the work and has filed a certificate stating that the same has been completed in accordance with the plans approved by the City Council and in conformance with City specifications, and has recommended that the improvements be accepted by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said bridge improvements in the Timber-Hyrst Estates be and the same is hereby accepted. Section 2. That maintenance of said bridge improvements shall be the responsibility of the owner for a period of two (2) years from September 26, 2006, the date of recommendation for acceptance by IIW Engineers & Surveyors, PC. st Passed, approved and adopted this 21 day of April, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Tetra Tech Monitoring Wells: City Manager recommending approval of a License Agreement with Tetra Tech that authorizes the installation of four monitoring wells in City right- of-way at West Locust Street and Pierce Street to continue drilling and field work for McCann’s Properties, LLC. Upon motion the documents were received and filed and Resolution No. 119- 08 Authorizing License Agreement between the City of Dubuque and Tetra Tech to install monitoring wells on public right-of-way at West Locust Street and Pierce Street was adopted. RESOLUTION NO. 119-08 RESOLUTION AUTHORIZING LICENSE AGREEMENT BETWEEN THE CITY OF DUBUQUE AND TETRA TECH TO INSTALL MONITORING WELLS ON PUBLIC RIGHT- OF-WAY AT WEST LOCUST STREET AND PIERCE STREET Whereas, Tetra Tech, on behalf of McCann’s Properties, LLC, has requested permission from the City of Dubuque to install four monitoring wells on City right-of-way at West Locust Street and Pierce Street in Dubuque, Iowa, for the purpose of continuing the drilling and field work associated with the required State of Iowa Site Monitoring Project; and Whereas, the License Agreement for Site Assessment has been prepared outlining the responsibilities of Tetra Tech in the installation of monitoring wells to a depth of 40 feet on public right-of-way; and 6 Whereas, the performance of the activities of Tetra Tech will be at no cost or expense to the City, and all work will be performed by the Licensee, or its employees, agents, or subcontractors; and Whereas, it is the desire of the City Council to enter into said License Agreement for the installation of monitoring wells in the public right-of-way as requested. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The License Agreement for Site Assessment be and the same is hereby approved. Section 2. That the Mayor be and is hereby authorized to execute said License Agreement for and on behalf of the City Council. st Passed, approved and adopted this 21 day of April, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Request to Vacate: Communication from Brian Kane, counsel for Mr. Thomas A. Luksetich and Mr. and Mrs. Timothy J. Axtell, requesting to purchase a portion of City real estate abutting their property at 2530 Kerper Boulevard. Upon motion the documents were received and filed and referred to the City Manager. Iowa Department of Transportation: Communication from the Iowa Department of Transportation confirming the Transportation Commission’s award of RISE funds to assist in construction of the new roadway south of Chavenelle Road in the Dubuque Industrial Center West. Upon motion the document was received and filed. Certificate of Environmental Accomplishment: Certificate from Shred-It advising that the City of Dubuque participated in the Shred-it shredding and recycling program and saved 57 trees from destruction in 2007. Upon motion the document was received and filed. Miller-Riverview Park Management Agreement: City Manager recommending approval of the management agreement with Kenneth M. Clayton for Miller-Riverview Park from April 1 through November 1, 2008. Upon motion the documents were received, filed and approved. Dubuque Water Ski Club Lease: City Manager recommending approval of the annual lease with the Dubuque Water Ski Club for a section of Schmitt Island. Upon motion the documents were received, filed and approved. Town Clock Renovation Project: City Manager recommending award of the public improvement contract for the Town Clock Renovation Project to Klauer Construction Company in the amount of $247,227. Upon motion the documents were received and filed and Resolution No. 120-08 Awarding contract to Klauer Construction Company was adopted. RESOLUTION NO. 120-08 AWARDING CONTRACT WHEREAS, sealed proposals have been submitted by contractors for the Town Clock Renovation Project pursuant to Resolution No. 97-08, and notice to bidders published in a newspaper published in the City of Dubuque, Iowa, on the 21st day of March, 2008. WHEREAS, said sealed proposals were opened and read on the 10th day of April, 2008, and it has been determined that the bid of Klauer Development Corp, dba Klauer Construction 7 Company in the amount of $247,227 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the plans and specifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above improvement be awarded to Klauer Development Corp, dba Klauer Construction Company, and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 21st day of April, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Five Flags Center – Fiscal Year 2009 Operating Budget: City Manager recommending approval of the detailed Fiscal Year 2009 operating budget for the Five Flags Center as submitted by SMG. Upon motion the documents were received, filed and approved. Medline Industries – Amendment to Development Agreement: City Manager recommending approval of the first amendment to the Development Agreement with Medline Industries, Inc. to provide for a time extension on the project completion until April 30, 2009. Upon motion the documents were received and filed and Resolution No. 121-08 Approving the first amendment to the Medline Industries, Inc. Development Agreement was adopted. RESOLUTION NO. 121-08 RESOLUTION APPROVING THE FIRST AMENDMENT TO THE MEDLINE INDUSTRIES, INC. DEVELOPMENT AGREEMENT Whereas, a Development Agreement (the Agreement), dated December 19, 2007, was entered into by and between the City of Dubuque, a municipal corporation of the State of Iowa (City), and Medline Industries, Inc. an Illinois Corporation; and Whereas, City and Medline Industries, Inc. now desire to amend the Development Agreement as set forth attached First Amendment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the First Amendment of the Medline Industries, Inc. Development Agreement is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute said First Amendment on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. That the City Manager is authorized to take such actions as are necessary to implement the terms of the First Amendment as herein approved. st Passed, approved and adopted this 21 day of April, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Downtown Design Guidelines Manual: City Manager recommending approval of the selection of Winter and Company to provide Professional Design Services for the Downtown Design Guidelines Manual. Upon motion the documents were received, filed and approved. 8 Citizen Communication: Communication from Pat Tobin, Cedar Cross Self Storage, regarding the monthly stormwater management fee. Upon motion the document was received, filed and referred to the City Manager. Zoning Board of Adjustment: Jim Urell submitting his resignation from the Zoning Board of Adjustment due to his relocation out of the City limits. Upon motion the document was received and filed and resignation accepted. Mediacom Annual Report: Submittal of the Mediacom 2007 Annual Report. Upon motion the document was received and filed. Earth Charter: Communication from Sr. Dorothy Heiderscheit, Sr. Rita Goedken, Sr. Kathy Lentsch, Sr. Kathleen Grace and Sr. Virginia Goedken requesting that the City adopt the goals of the Earth Charter as the framework for development of a strategic plan to achieve a green designation. Braig read a portion of the letter from the Sisters and thanked them for their interest in the City’s green initiative. Braig moved to receive and file the document and refer to the City Manager. Seconded by Connors. Motion carried 7-0. Development Agreement – Hotel Julien: City Manager recommending approval of a Development Agreement with HJD Landlord, LLC and HJD Manager, LLC for a $600,000 Downtown Rehabilitation loan, a $10,000 design grant, a $10,000 façade grant, and a 100% rebate of incremental property taxes for 15 years to support the rehabilitation of the Hotel Julien and provide 100% of the incremental increase in its share of Hotel/Motel tax revenue for three full years, to assist in marketing the renovated hotel. Upon motion the documents were received and filed and Resolution No. 122-08 Approving Development Agreement for the Hotel Julien Project was adopted. RESOLUTION NO. 122-08 A RESOLUTION APPROVING A DEVELOPMENT AGREEMENT FOR THE HOTEL JULIEN PROJECT Whereas, the City of Dubuque, Iowa, has a Memorandum of Understanding with The Fischer Companies outlining an incentive package for the rehabilitation of the Hotel Julien; and Whereas, the City of Dubuque, Iowa, has created a Downtown Rehabilitation Loan/Grant Program for the purpose of stimulating reinvestment in the Greater Downtown Urban Renewal District; and Whereas, the City of Dubuque, Iowa is encouraging the use of this loan/grant program to finance code compliance activities and to spur job creation activities; and Whereas, the loan application from HJD Landlord, LLC and HJD Manager, LLC meets the requirements of this program; and Whereas, it is the determination of this Council that approval of the Development Agreement for the rehabilitation of the Property by HJD Landlord, LLC and HJD Manager, LLC according to the terms and conditions set out in the Development Agreement is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Development Agreement with HJD Landlord, LLC and HJD Manager, LLC is hereby accepted and approved. 9 Section 2. That the Mayor is hereby authorized to execute, on behalf of the City Council of the City of Dubuque, Iowa, the attached Development Agreement with HJD Landlord, LLC and HJD Manager, LLC. Section 3. That the City Manager is hereby authorized to execute, on behalf of the City Council of the City of Dubuque, Iowa, all necessary loan documents and is further authorized to disburse loan funds from the Downtown Rehabilitation Loan/Grant Program, in accordance with the terms and conditions of the executed agreement. st Passed, approved and adopted this 21 day of April, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Liquor License Applications: City Manager recommending approval of annual liquor license renewals as submitted. Upon motion the documents were received and filed and Resolution No. 123-08 Granting the issuance of new permits to sell cigarettes and cigarette papers to Ron’s Five Point Mart, DaVinci’s Restaurant/Lounge, and O’Clock Industries; Resolution No. 124-08 Granting the issuance of a Class “B” Beer Permit (6 Month) to McAleece Park/Recreation Complex; a Class “B” Beer permit (5 Day Event) to Music n More; and a Class th “C” Beer License to 16 Street Auto/Truck Plaza, Tobacco Outlet Plus, Paro Food Mart, Kwik Stop C-Store, Ron’s Discount Smokes, Ron’s Five Point Mart, Casey’s General Store #2420 and Casey’s General Store #2421; and Resolution No. 125-08 Granting the issuance of a Class “A” Liquor License to Dubuque Lodge and Dubuque Golf and Country Club; Class “B” Liquor License to Days Inn Spirits Bar/Grill; Class “C” Beer/Liquor License to Catfish Charlie’s’, Clarke College, DaVinci’s Restaurant and Lounge, Sublime, Tott’s Tap, Olive Garden Italian Restaurant, West Dubuque Tap, Whiskey River, Loras College, The Hub, Lot One and Ten Pin Tap; Special Class “C” Liquor License to Chuck-n-Jo’s; Special Class “C” Liquor (5 Day Special Event) to Dubuque Jaycees; and Class “WBN” (Native Wine) Permit to Hancock House Bed and Breakfast and Kwik Stop C-Store were adopted. RESOLUTION NO. 123-08 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. New Ron’s 5 Point Mart R Future 405 Rhomberg Avenue DaVinci’s Rest./Lounge Tri State Hospitality 395 W 9 th Street O’Clock Industries Patrick O’Clock 2670 Sun Ridge Court Passed, approved and adopted this 21st day of April, 2008. Roy D. Buol, Mayor , Attest: Jeanne F. Schneider, CMCCity Clerk RESOLUTION NO. 124-08 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: 10 That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS “B” BEER PERMIT(6 Month) City of Dubuque McAleece Park/Recreation Complex 1801 Admiral Sheey Drive +(Sunday/Outdoor Sale) CLASS “B” BEER PERMIT(5 Day Event) Music n More Music n More Town Clock Plaza CLASS “C” BEER LICENSE Mulgrew Oil Com 16 th St Auto/Truck Plaza+(Sunday Sale) 1215 E12th Street Kwik Trip Inc. Tobacco Outlet Plus #504+(Sunday Sale) 806 Wacker Drirve #140 Sahajanand Entrp Paro Food Mart+(Sunday Sale) 3200 Central Avenue Rainbo Oil Comp Kwik Stop C-Store+(Sunday Sale) 2335 University Avenue RKM LLC Ron’s Discount Smokes/Bev. Center 1450 Loras Avenue +(Sunday Sale) R Future Ron’s Five Point Mart+(Sunday Sale) 405 Rhomberg Avenue Casey’s Marketing Casey’s General Store #2420 2699 Rockdale Road +(Sunday Sale) Casey’s Marketing Casey’s General Store #2421 4003 Peru Road +(Sunday Sale) Passed, approved and adopted this 21st day of April, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 125-08 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 License. CLASS “A” LIQUOR LICENSE Loyal Order of the Dubuque Lodge #355+(Sunday Sale) 2635 Windsor Avenue Moose Dubuque Golf & DBQ Golf & Country CL+(Sunday/Outdoor 1800 Randall Place Country Club Sale) CLASS “B” LIQUOR LICENSE RonSan Enterprise Days Inn Spirits Bar/Grill+(Sunday/Outdoor 1111 Dodge Street Sale) CLASS “C” BEER/LIQUOR LICENSE Catfish Charlie’s LLC Catfish Charlie’s+(Sunday/Outdoor Sale) 1630 E 16 th Street Clarke College Clarke College+(Sunday Sale) 1550 Clarke Drive Tri State Hospitality DaVinci’s Rest. & Lounge+(Sunday Sale) 395 W 9 th Street Club Sublime Inc Sublime+(Sunday Sale) 3203 Jackson Street Tott’s Tap Tott’s Tap+(Sunday Sale) 3457 Jackson Street GMRI Inc. Olive Garden Italian Rest+(Sunday Sale) 3350 Dodge Street Donna Ginter West Dubuque Tap+(Sunday Sale) 1701 Asbury Road 11 Chad Streff Whiskey River+(Sunday Sale) 1064 University Avenue Aramark Educational Loras College+(Sunday/Outdoor Sale) 1450 Alta Vista Street The Hub on Main Inc The Hub+(Sunday Sale) 252 Main Street Lot One, Inc Lot One+(Sunday Sale) 100 Main Street Ten Pin Tap Ten Pin Tap(1 Day Outdoor Sale) 601 Rhomberg Avenue SPECIAL CLASS “C” LIQUOR Chuck & Jo’s Inc Chuck-n-Jo’s 890 Iowa Street SPECIAL CLASS “C” LIQUOR 5 –DAY SPECIAL EVENT Dubuque Jaycees Dubuque Jaycees Town Clock Plaza CLASS “WBN” (NATIVE WINE) LICENSE Susan Huntley Hancock House Bed & Breakfast 1105 Grove Terrace Rainbo Oil Kwik Stop C-Store 2335 University Avenue Passed, approved and adopted this 21st day of April, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk ITEMS TO BE SET FOR PUBLIC HEARING Motion by Lynch to remove the Voluntary Annexation Request – Kress Industrial Facility from the table, receive and file the documents, set the public hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Braig. Motion carried 7-0. Real Estate Contract with Dubuque Community School District: City Manager recommending that a public hearing be set for May 5, 2008 to consider approval of a real estate contract between the Dubuque Community School District and the City of Dubuque for the purchase of the Kephart Building. Upon motion the documents were received and filed and Resolution No. 126-08 Fixing date for a meeting on the authorization of a real estate contract between the City of Dubuque and Dubuque Community School District and providing for publication of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on May 5, 2008 in the Historic Federal Building. RESOLUTION NO. 126-08 RESOLUTION FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF A REAL ESTATE CONTRACT BETWEEN THE CITY OF DUBUQUE AND DUBUQUE COMMUNITY SCHOOL DISTRICT, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, it is deemed necessary and advisable that the City of Dubuque, Iowa (the "City"), should provide for the authorization of a Real Estate Contract between the City of Dubuque and Dubuque Community School District (the “Seller”) in the principal amount of $185,000 (the "Agreement"), as authorized by Sections 384.24A and 384.25, Code of Iowa, as amended, a copy of which is now before this Council and incorporated herein by this reference, for the purpose of acquiring the real property described therein from the Seller; and WHEREAS, the Agreement shall be payable from the General Fund of the City; and WHEREAS, before such an agreement may be authorized, it is necessary to comply with the provisions of the City Code of Iowa, as amended, and to publish a notice of the proposal and of the time and place of the meeting at which the Council proposes to take action for the authorization of the agreement and to receive oral and/or written objections from any resident or property owner of the City to such action; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 12 Section 1. That this City Council meet in the Historic Federal Building, 350 West 6th Street, ST Dubuque, Iowa, at 6:30 o'clock P.M., on the 21 day of April, 2008, for the purpose of taking action on the matter of the authorization of the Agreement and the approval of the provisions thereof, in the principal amount of $185,000, for the purpose of acquiring the real property described therein. Section 2. That the City Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four clear days nor more than twenty days before the date of said public meeting on the authorization of said Agreement. Section 3. The notice of the proposed action shall be in substantially the [provided] form: st Passed and approved this 21 day of April, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Request to Vacate – Liebe Street and Washington Street: City Manager recommending that a public hearing be set for May 5, 2008 to consider a request from Dubuque Stamping and Manufacturing, Inc., to vacate and purchase a portion of Liebe Street and Washington Street. Upon motion the documents were received and filed and Resolution No. 127-08 Intent to vacate and dispose of City interest in Lot C and Lot D of Liebe’s Subdivision No. 2 in the City of Dubuque, Dubuque County, Iowa was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on May 5, 2008 in the Historic Federal Building. RESOLUTION NO. 127-08 RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN LOT C AND LOT D OF LIEBE’S SUBDIVISION NO. 2 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, Dubuque Stamping & Manufacturing, Inc. has requested the vacating and disposal of portions of Liebe Street and Washington Street; and Whereas, IIW Engineers & Surveyors, PC has prepared and submitted to the City Council a plat showing the vacated portions of Liebe Street and Washington Street and assigned lot numbers thereto, which hereinafter shall be known and described as Lot C and Lot D of Liebe’s Subdivision No. 2 in the City of Dubuque, 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 City of Dubuque intends to vacate and dispose of its interest in Lot C and Lot D of Liebe’s Subdivision No. 2 in the City of Dubuque, Dubuque County, Iowa. Section 2. That the conveyance of Lot C and Lot D of Liebe’s Subdivision No. 2 in the City of Dubuque, Dubuque County, Iowa, to C&K Realty be contingent upon the payment of $24,401.00, 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 and dispose of said real estate to be published in the manner as prescribed by law. st Passed, approved and adopted this 21 day of April, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Chavenelle Court Construction Project: City Manager recommending initiation of the public bidding process for the Chavenelle Court Construction Project and that a public hearing be set 13 for May 5, 2008 to consider approval of the plans and specifications, form of contract and estimated cost. Upon motion the documents were received and filed and Resolution No. 128- 08 Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost; and ordering bids for the Chavenelle Court Construction Project was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on May 5, 2008 in the Historic Federal Building. RESOLUTION NO. 128-08 DUBUQUE INDUSTRIAL CENTER WEST — CHAVENELLE COURT 2008 PROJECT PRELIMINARY APPROVAL OF 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 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the Dubuque Industrial Center West — Chavenelle Court 2008 Project, in the estimated amount $851,938.53, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. A public hearing will be held on the 5th day of May, 2008, at 6:30 p.m. in the Historic Federal Building Council Chambers at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. The Dubuque Industrial Center West — Chavenelle Court 2008 Project is hereby ordered to be advertised for bids for construction. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. The City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, by publishing the attached Notice to Bidders to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four but not more than forty-five days before the date for filing bids before 2:00 p.m. on the 8th day of May, 2008. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for final action at the public hearing at 6:30 p.m. on the 19th day of May, 2008, in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa. Passed, adopted and approved this 21st day of April, 2008. Attest: Jeanne F. Schneider, CMC, City Clerk 14 Roy D. Buol, Mayor RESOLUTION NO.129-08 SETTING THE DATE FOR THE PUBLIC HEARING ON AMENDMENT NO. 2 TO THE FISCAL YEAR 2008 BUDGET FOR THE CITY OF DUBUQUE Whereas, Iowa Code Section 384.16 provides that the City Council shall set a time and place for a public hearing on amendments to the budget and publish notice before the hearing as provided in Iowa Code Section 362.3. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council shall conduct a public hearing on proposed Amendment No. 2 to the Fiscal Year 2008 budget for the City of Dubuque at the City Council Chambers at the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, on Monday, May 5, 2008, beginning at 6:30 p.m. Section 2. That the City Clerk be and is hereby authorized and directed to publish notice of the public hearing, according to law, together with the required budget information. st Passed, approved and adopted this 21 day of April 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC City Clerk Voluntary Annexation Request – Kress Industrial Facility (Tabled on December 17, 2007): City Manager recommending that a public hearing to consider approval of the voluntary annexation request of Kress Industrial Facility concurrent with rezoning be set for May 19, 2008. Upon motion the documents were removed from the table, received and filed and Resolution No. 130-08 Rescinding Resolution No. 557-07 Approving an application for voluntary annexation of territory owned by Kress Industrial Facility and Resolution No. 131-08 Fixing date of public hearing onan application for voluntary annexation of territory owned by Kress Industrial Facility were adopted setting a public hearing for a meeting to commence at 6:30 p.m. on May 19, 2008 in the Historic Federal Building. RESOLUTION NO. 130-08 RESOLUTION RESCINDING RESOLUTION NO. 557-07 APPROVING AN APPLICATION FOR VOLUNTARY ANNEXATION OF TERRITORY OWNED BY KRESS INDUSTRIAL FACILITY Whereas, Kress Industrial Facility submitted a written application for the voluntary annexation of approximately 80 acres of territory lying outside the corporate limits of the City of Dubuque, Iowa; and Whereas, on November 19, 2007 meeting, the City Council adopted the resolution approving the annexation; and Whereas, this action cannot occur until after the annexation public hearing to comply with State law regarding notification requirements for annexation requests; and Whereas, Resolution No. 557-07 should be rescinded. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Resolution No.557-07 is hereby rescinded. st Passed, approved and adopted this 21 day April, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk 15 RESOLUTION NO 131-08 RESOLUTION FIXING DATE OF PUBLIC HEARING ON AN APPLICATION FOR VOLUNTARY ANNEXATION OF TERRITORY OWNED BY KRESS INDUSTRIAL FACILITY Whereas, Kress Industrial Facility submitted a written application for the voluntary annexation of approximately 80 acres of territory lying outside the corporate limits of the City of Dubuque, Iowa; and Whereas, the Annexation Territory is not subject to an existing annexation moratorium; and Whereas, the Annexation Territory does not include any state property; and Whereas, the Annexation Territory does include railroad property and county road right-of- way; and Whereas, Chapter 368 of the Code of Iowa authorizes this annexation by adoption of a resolution and required notification. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a public hearing will be held on the 19th day of may, 2008, at 6:30 p.m. in the in the Council Chambers, second floor of the Federal Building, 350 West 6th Street, Dubuque, Iowa, at which time interested persons may appear and be heard for or against the proposed annexation, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed annexation. st Passed, approved and adopted this 21 day of April, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Kress Industrial Facility – Request to Rezone: Zoning Advisory Commission recommending denial of a request from Toby Kress, Kress Industrial Facility, to rezone property south of Old Highway Road from County R-1 Residential District to City AG Agricultural District and LI Light Industrial District, concurrent with annexation. Upon motion the documents were received and filed and a public hearing set for a meeting to commence at 6:30 p.m. on May 19, 2008 in the Historic Federal Building. Washington Neighborhood Urban Revitalization Area: City Manager recommending that a public hearing be set for June 2, 2008 to consider approval of an amendment to the Washington Neighborhood Urban Revitalization Area plan and the establishment of the Salvia House Urban Revitalization Area. Upon motion the documents were received and filed and Resolution No. 132-08 Acknowledging a proposed amendment to the plan for the Washington Neighborhood Urban Revitalization Area and providing for a public hearing and Resolution No. 133-08 Finding that the designation of the Salvia House Urban Revitalization Plan is necessary in the interest of the public health, safety and welfare of the residents of the City of Dubuque, Iowa and providing for a public hearing thereon were adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 2, 2008 in the Historic Federal Building. RESOLUTION NO. 132-08 A RESOLUTION ACKNOWLEDGING A PROPOSED AMENDMENT TO THE PLAN FOR THE WASHINGTON NEIGHBORHOOD URBAN REVITALIZATION AREA, AND PROVIDING FOR A PUBLIC HEARING 16 Whereas, the City Council has found that an amendment to the Washington Neighborhood Urban Revitalization Area Plan established by Ordinance No. 4-2007 is necessary; and Whereas, Chapter 404 of the Code of Iowa provides that a public hearing shall be held on a proposed amendment to the Plan for the revitalization area. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the proposed amendment to the Washington Neighborhood Urban Revitalization Plan April 2008 Amendment, a copy of which is attached hereto and made a part hereof, shall be made a matter of record and shall be available for public inspection in the th Office of the City Clerk at City Hall, 50 West 13 Street, and in the Housing and Community th Development Department 350 West 6 Street Suite 312, Dubuque, Iowa. Section 2. That the City Clerk is authorized and directed to submit the proposed amendment to the Washington Neighborhood Urban Revitalization Area Plan to the City’s Long Range Planning Advisory Commission for review and comment. Section 3. That the City Clerk is directed to publish notice of a public hearing on the proposed amendment to the Washington Neighborhood Urban Revitalization Area Plan to be nd held on June 2, 2008 at 6:30 p.m. in the City Council Chambers, 2 Floor, Historic Federal th Building, 350 West 6 Street, Dubuque, Iowa 52001. th Section 4. That all interested parties will be notified as required by law by the 30 day prior to the public hearing. st Passed, approved and adopted this 21 day of April 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk RESOLUTION NO.133-08 RESOLUTION FINDING THAT THE DESIGNATION OF THE SALVIA HOUSE URBAN REVITALIZATION PLAN IS NECESSARY IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY AND WELFARE OF THE RESIDENTS OF THE CITY OF DUBUQUE, IOWA AND PROVIDING FOR A PUBLIC HEARING THEREON Whereas, the City Council of the City of Dubuque finds that the property at 2160 Elm Street and adjacent vacant property is in need of repair and underutilized, and Whereas, Michelle Mihalakis has proposed to purchase the property and construct a 18 room single room occupancy (SRO) facility and requests the establishment of an urban revitalization district.; and Whereas, the area proposed for designation under the Urban Revitalization Act is an economic development area appropriate for housing and residential development as defined by Section 403.17 of the Iowa Code; and Whereas, Chapter 404 of the Code of Iowa provides that a public hearing shall be held on any proposed Urban Revitalization Area Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the rehabilitation, redevelopment and economic development of the hereinafter described area at 2160 Elm Street and adjoining vacant property is found to be necessary in the interest of the public health, safety and welfare of the residents of the City, to wit: Lot 1 of Lot 2 of Lot 1 of Lot 12 and Lot 2 of Lot 2 of Lot 1 of Lot 12 of Kniest's Subdivision; Lot 1 of Lot 1 of the North 1/3 of Lot 99 of L.H. Langworthy's Addition; Lot 1 of Lot 1 of Elm Street Subdivision; and all of that part of Burton W. Boyes Place No. 3 lying north of the southerly line of Lot 1 of Lot 1 of Elm Street Subdivision extended northeasterly across said 17 Burton W. Boyes Place No. 3 to a point of intersection with the southwesterly line of Lot 5 of Lot 11 of Kniest's Subdivision, all in the City of Dubuque, Iowa. Section 2. That the Salvia House Urban Revitalization Area Plan as proposed meets the eligibility criteria of Chapter 404.1 of the Code of Iowa, 2001. Section 3. That the proposed Salvia House Urban Revitalization Area Plan attached hereto, shall be a matter of record and shall be available for public inspection in the office of the City th Clerk at City Hall, 50 West 13 Street, Dubuque, Iowa. Section 4. That the City is authorized and directed to submit the Salvia House Urban Revitalization Area Plan to the City’s Long Range Planning Advisory Commission for review and comment. Section 5. That the City Clerk is directed to publish notice of a public hearing on the Salvia House Urban Revitalization Area Plan to be held on June 2, 2008 at 6:30 p.m. in the City ndth Council Chambers, 2 Floor, Historic Federal Building, 350 West 6 Street, Dubuque, Iowa 52001. Section 6. That the owners of record will be notified by the thirtieth day prior to the public hearing. st Passed, approved and adopted this 21 day of April 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions: Airport Zoning Commission – Council Appoints from among the Zoning Advisory Commission members. Two 6-year vacant, expired terms through January 3, 2014 (Terms of Gaber and Stiles) Volunteering Commissioner: Jeff Stiles, Vice Chairperson, Zoning Advisory Commission. Jeff Stiles spoke in support of his appointment. Electrical Code Board: Five 3-year expired terms through May 21, 2011 (Terms of Mueller, Dixon, Hammel, Reiss, Pfohl) (Electrical experience requirement). Applicants: James Dixon, 2505 Marquette Place; Dan Hammel, 3163 Hillcrest Road, #4. No one spoke. Library Board of Trustees (Mayor Appointment). Two 4-year vacant terms through June 1, 2011 (Terms of Lindsay and Avery). Applicants: Paula Connors, 818 So. Grandview Avenue; Elizabeth Leeper, 1576 Glen Oak Street; Thomas Stecher, 2117 Orchard Drive; Mike Willis, 1298 Locust Street, #2. Paula Connors, Elizabeth Leeper, Thomas Stecher and Mike Willis spoke in support of their appointment. Appointments to the following Boards/Commissions: Civil Service Commission – Mayor Appointment. One 4-year expired term through April 6, 2012. Mayor Buol appointed Otto Krueger to a four-year term through April 6, 2012 with City Council concurrence. Civic Center Commission: Two 3-year vacant terms through June 29, 2010. Applicants: Susan Balsamo, 2770 Van Buren, Barb Kurt, 1304 Atlantic. Upon motion Susan Balsamo and Barb Kurt were appointed to three-year terms through June 29, 2010. Environmental Stewardship Advisory Commission: Two 3-year expired terms through October 1, 2010. Applicants: Michael Buelow, 2131 Graham Circle, Edward Cawley, 598 Needham Place, Chad Oberdoerster, 420 Summit Street. Upon roll call vote Michael Buelow and Chad Oberdoerster were appointed to three-year expired terms through October 1, 2010. 18 Long Range Planning Advisory Commission; One 3-year vacant term through July 1, 2009. Applicants: Chad Darter, 2544 Matthew John Drive; Richard Van Iten, 3273 Bittersweet Lane; Alan Vincent, 1010 Dunham Drive (1 of 2 applications). Upon roll call vote Chad Darter was appointed to a three-year term through July 1, 2009. Mechanical Code Board: Two 3-year expired terms through March 16, 2011. Applicants: Tom Giese, 395 Villa Street; David Grothe, 2544 Elm Street; Gary Hillard, 2826 Muscatine Street. Upon roll call vote Tom Giese and Gary Hillard were appointed to three-year expired terms through March 16, 2011. TV Cable Community Teleprogramming Commission: Two 3-year vacant terms through June 30, 2009. Applicants: Thomas McDonough, 1562 Lucy Drive; Alan Vincent, 1010 Dunham Drive (2 of 2 applications). Upon motion Thomas McDonough and Alan Vincent were appointed to three-year vacant terms through June 30, 2009. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone to address the City Council. 2025 Radford Road – Request to Rezone: Proof of publication on notice of public hearing to consider a request from Mahendra & Geeta Thakkar to rezone property located at 2025 Radford Road from OC Office Commercial District to R-1 Single-Family Residential District and Zoning Advisory Commission recommending approval. Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Voetberg. Motion carried 7-0. Motion by Jones for final consideration and adoption of Ordinance No. 27-08 Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances, by reclassifying hereinafter described property located at 2025 Radford Road from OC Office Commercial District to R-1 Single-Family Residential District. Seconded by Voetberg. Motion carried 7-0. Mahendra Thakker and Clarence Hermsen spoke in support of the rezoning request. Planning Services Manager Laura Carstens presented the staff report. OFFICIAL PUBLICATION ORDINANCE NO. 27-08 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED 2025 RADFORD RD FROM OC OFFICE COMMERCIAL 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 OC Office Commercial District to R-1 Single-Family Residential District, to wit: Lot 1 of 1 Siegert Farms No. 1, and to the center line 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 Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. st Passed, approved and adopted this 21 day of April, 2008. 19 /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 25 day of April, 2008. /s/Jeanne F. Schneider, CMC, City Clerk Vacate and Release of Sanitary Sewer Easement: Proof of publication on notice of public hearing to consider vacating and releasing the sanitary sewer easement across the former Block 4 of Henschel Addition as requested by Buesing & Associates, Inc., representing North Cascade Road Developers, LLC and City Manager recommending approval. Motion by Jones to receive and file the documents and adopt Resolution No. 134-08 Disposing of interest and release in the location of an existing 20-foot wide sanitary sewer easement across former Block 4 of Henschel Addition in the City of Dubuque, Iowa. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 134-08 RESOLUTION DISPOSING OF INTEREST AND RELEASE IN THE LOCATION OF EXISTING 20-FOOT WIDE SANITARY SEWER EASEMENT ACROSS FORMER BLOCK 4 OF HENSCHEL ADDITION IN THE CITY OF DUBUQUE, 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 th Dubuque, Iowa, on the 11 day of April, 2008, the City Council of the City of Dubuque, Iowa st met on the 21 day of April, 2008, at 6:30 p.m. in theHistoric Federal Building,Council th Chambers (second floor), 350 West 6 Street, Dubuque, Iowa, to consider the proposal for the vacating and release of real estate described as: The location of an existing 20-foot wide sanitary sewer easement across former Block 4 of Henschel Addition in the City of Dubuque, Iowa, according to Instrument No. 4658-96 and recorded on April 24, 1996 in the Office of the Dubuque County Recorder and as shown on the Easement Vacation Plat attached hereto and by reference made a part hereof; and Whereas, the City Council of the City of Dubuque, Iowa, overruled any and all objections, oral or written, to the proposal to dispose of interest of the City of Dubuque, Iowa, in the hereinabove described real estate to North Cascade Road Developers, LLC. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the disposal of the interest of the City of Dubuque, Dubuque County, Iowa, in the location of real property described as an existing 20-foot wide sanitary sewer easement across former Block 4 of Henschel Addition replatted as Lot C of Timber-Hyrst #2 all in the City of Dubuque, Iowa, to North Cascade Road Developers, LLC, be and the same is hereby approved. Section 2. That the proposal to dedicate a new 40-foot wide sanitary sewer easement on Lot C Timber-Hyrst Estates #2 as set out by North Cascade Road Developers, LLC, be and the same is hereby approved. Section 3. That all conditions stated and agreed to on Page 1 of the Grant of Easement for Sanitary Sewer recorded as Instrument No. 4658-96 on April 24, 1996 in the Office of the Dubuque County Recorder are still in effect, except that the location of the easement has been changed as shown on the Final Plat of Timber-Hyrst Estates #2. Section 4. That the Mayor and City Clerk be authorized and directed to execute a Release of Easement and Easement Vacation Plat, and the City Clerk be and is hereby authorized and 20 directed to deliver said release to the above named grantees and accept the dedication of a sanitary sewer easement as platted on Lot C of Timber-Hyrst Estates #2. Section 5. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the office of the City Assessor, Dubuque County Records, and the Dubuque County Auditor. st Passed, approved and adopted this 21 day of April, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Disposition of Property – Progressive Packaging, LLC: Proof of publication on notice of public hearing to consider approval of a land sale and Development Agreement with Progressive Packaging, LLC c/o Hormel Foods Corporation and City Manager recommending approval. Communication from the Alliance for Construction Excellence Committee of the Dubuque Area Labor-Management Council encouraging Hormel Foods Corporation to consider the use of local contractors, suppliers, tradesmen and women in the building of this plant. Motion by Lynch to receive and file the documents and adopt Resolution No. 135-08 Approving a Development Agreement providing for the sale of 39.55 acres in the Dubuque Industrial Center West to Progressive Packaging, LLC c/o Hormel Food Corporation. Seconded by Jones. Richard Running, Dubuque Area Labor Management Council spoke in support of the project and requested that consideration be given to the use of local contractors. Rick Dickinson, Greater Dubuque Development Corporation, thanked the Mayor and City Council for their support of this project and invited everyone to the groundbreaking to be held on Friday, April 25, 2008 at 2:00 p.m. Council expressed appreciation to Hormel Foods, Inc. for choosing to locate in Dubuque. Motion carried 7-0. RESOLUTION NO. 135-08 RESOLUTION APPROVING A DEVELOPMENT AGREEMENT PROVIDING FOR THE SALE OF 39.55 ACRES IN THE DUBUQUE INDUSTRIAL CENTER WEST TO PROGRESSIVE PACKAGING, LLC c/o HORMEL FOOD CORPORATION Whereas, the City Council, by Resolution No. 108-08, dated April 7, 2008 declared its intent to enter into a Development Agreement with Progressive Packaging, LLC c/o Hormel Food Corporation for the sale of 39.55 acres in the Dubuque Industrial Center West (the Property); and Whereas, pursuant to published notice, a public hearing was held on the proposed th disposition on April 21, 2008 at 6:30 p.m. in the Historic Federal Building, 350 W. 6 Street, Dubuque, Iowa; and Whereas, it is the determination of the City Council that approval of the Development Agreement for the sale to and development of the Property by Progressive Packaging, LLC c/o Hormel Food Corporation according to the terms and conditions set out in the Development Agreement is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the attached Development Agreement by and between the City of Dubuque and Progressive Packaging, LLC c/o Hormel Food Corporation for the sale of the Property is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute the Development Agreement on behalf of the City and City Clerk is authorized and directed to attest to his signature. 21 Section 3. That the Mayor and City Clerk are hereby authorized and directed to execute and deliver a Special Warranty Deed for the Property as provided in the Development Agreement. Section 4. That the City Manager is authorized to take such actions as are necessary to comply with the terms of the Development Agreement as herein approved. st Passed, approved and adopted this 21 day of April, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Elderly Transportation: Request of students from the Clarke / Loras Bi-College Social Work Group to address the Council regarding elderly transportation. Deb Pic-Deutmeyer, 2325 Evergreen, spoke regarding the problems elderly residents of the City face with public transportation, including no service after 6:00 p.m. and on Sundays. She stated they could not rely on the mini-bus as it was often not on schedule and the fixed route buses had too many students on them. She thanked the City Council for setting money aside to support the Independent Transportation Network (ITN) America which was being started by Sue Balsamo. She stated this would be 24-hour, seven days a week transportation for seniors for a minimal fee. She requested that the City advertise this program in various newsletters, etc. Motion by Jones to receive and file the document. Seconded by Braig. Motion carried 7-0. Mystic Tattoo Inc.: Request form Jeff Davis, Mystic Tattoo Inc. requesting to address the City Council regarding Code of Ordinance Section 23-2 – Tattooing. Jeff Davis, 2108 Keyway, stated he currently owns two tattoo parlors and would like to add tattooing to his body piercing business, Trigger Happy, on Asbury Road in Dubuque. He requested clarification as to whether the City ordinance regarding tattoo parlors mandated that a physician or osteopath be physically present when a tattoo is administered. City Attorney Lindahl stated that was the intent of the ordinance when it was passed in 1996. Council discussed potential health risks regarding tattoos and whether the ordinance was too strict as written. Motion by Jones to receive and file the document and refer to the City Manager. Seconded by Voetberg. Motion carried 7-0. Iowa Wireless Services, LLC (Tabled on March 3, 2008): City Manager recommending approval of a lease agreement with Iowa Wireless Services for the installation and operation of a wireless telecommunication antenna facility in Madison Park subject to I-Wireless agreeing to two amendments. Connors moved to remove from the table. Seconded by Voetberg. Motion carried 7-0. Connors moved to receive and file the documents and adopt Resolution No. 136- 08 Disposing 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. Seconded by Jones. Council questioned whether installation of the tower would compromise the bluff area. Andy Anderson, I-Wireless, replied that an engineering firm that specializes in that type of installation would be hired. The motion was amended to add to the agreement language to the effect that an engineering firm would be hired to ensure there was no harm to the bluff area. Motion carried 7-0. 22 RESOLUTION NO. 136-08 A RESOLUTION OF THE CITY OF DUBUQUE APPROVING A 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 telecommunication antenna facility in Madison Park owned by the City of Dubuque and located at 1824 North Main Street in Dubuque, Iowa; and WHEREAS, the City of Dubuque desires to lease to Iowa Wireless Services, LLC certain space in Madison Park 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 of the City of Dubuque have negotiated terms for such a Lease Agreement which the City Council finds beneficial to the community; and WHEREAS, on March 3, 2008, the City Council pursuant to notice published as required by law held a public hearing on its intent to dispose of the foregoing interest in real property and overruled all objections thereto; and WHEREAS, The City Council believes it is in the best interests of the City of Dubuque to approve the Lease Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Lease Agreement between the City of Dubuque and Iowa Wireless Services, LLC is hereby approved and the City Manager is authorized to sign and administer the Lease Agreement on behalf of the City of Dubuque. Passed, approved and adopted this 21st day of April, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Purchase of Property – 2106 Kniest Street: City Manager recommending approval of the purchase of a residential dwelling located at 2106 Kniest Street as part of the acquisition program associated with the Bee Branch Creek Restoration Project. Jones moved to receive and file the documents and adopt Resolution No. 137-08 Approving the acquisition of real estate located at 2106 Kniest Street in the City of Dubuque. Seconded by Voetberg. Motion carried 7-0. RESOLUTION NO. 137-08 A RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE LOCATED AT 2106 KNIEST STREET, IN THE CITY OF DUBUQUE WHEREAS,the City of Dubuque intends to acquire certain properties located in the area of the Bee Branch Creek Restoration Project for stormwater mitigation activities as recommended in the 2001 HDR “Drainage Basin Master Plan;” and 23 WHEREAS,a purchase agreement has been finalized with the owner of the twenty-eighth property scheduled for acquisition. 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 property: Southeasterly 20 feet of the Southwesterly 97 feet of Lot 2, and the Northwesterly 10 feet of the Southwesterly 97 feet of Lot 3, in Frisch’s Subdivision of Lot 3 of Kniest’s Subdivision of Mineral Lot 314; Northwesterly 5 feet of the Northeasterly 50 feet of Lot 2, Frisch’s Subdivision of Lot 2 of Kniest’s Subdivision of Mineral Lot 314; Lot 1 of Frisch’s Subdivision and the Northwesterly 5 feet of the Southwesterly 97 feet of Lot 2, in Frisch’s Subdivision of Lot 1 and Lot 2 of Kniest’s Subdivision of Mineral Lot 314, in the City of Dubuque, Iowa, according to the recorded plat thereof. At the cost of Eighty-one thousand dollars ($81,000). 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 the Dubuque County Assessor and the Dubuque County Auditor. Passed, approved and adopted this 21st day of April, 2008. Roy D. Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk th Dubuque Industrial Center West 8 Addition: City Manager recommending approval of the th final plat of Dubuque Industrial Center West 8 Addition located off Chavenelle Road as requested by the City of Dubuque. Connors moved to receive and file the documents and th adopt Resolution No. 138-08 Approving the final plat of Dubuque Industrial Center West 8 Addition. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 138-08 A RESOLUTION APPROVING THE FINAL PLAT DUBUQUE INDUSTRIAL CENTER WEST TH 8 ADDITION, IN THE CITY OF DUBUQUE, IOWA. Whereas, there has been filed with the City Clerk a final plat of Dubuque Industrial Center th West 8 Addition, in the City of Dubuque, Iowa; and Whereas, upon said final plat appear street(s) to be known as Chavenelle Court (Lot A) which the owners by said final plat have dedicated to the public forever; and Whereas, said final plat has been reviewed by the City Planner and had her approval endorsed thereon, subject to the owners agreeing to the conditions noted in Section 2 below; 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, except that no streets or public utilities have yet been constructed or installed. Whereas, the City Council concurs in the conditions of approval established by the Zoning Commission and the City Planner. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 24 Section 1. That the dedications of Chavenelle Court (Lot A), as they appear upon said final plat, be and the same are hereby accepted; and th Section 2. That the Final Plat Dubuque Industrial Center West 8 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. Section 3. Sidewalk installation shall be the responsibility of the owner of the property abutting the public right-of-way, as required by City Code 41-100. The responsibility shall extend to all successors, heirs and assignees. Sidewalks shall be five (5) feet in width and installed one (1) foot from the property line. Section 4. That the final acceptance of all public improvements shall occur upon certification of the City Engineer to the City Council that all public improvements have been completed in accordance with the improvement plans and City standard specifications. st Passed, approved and adopted this 21 day of April, 2008 Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Dubuque Rescue Mission Lease: City Manager recommending approval to lease a piece of City-owned property for $1.00 per year to the Dubuque Rescue Mission to create a series of raised vegetable gardens. Motion by Connors to receive and file and documents and approve the recommendation. Seconded by Braig. Lynch requested an update regarding the City’s green initiative goals. Motion carried 7-0. There being no further business, upon motion the City Council adjourned at 8:05 p.m. /s/Jeanne F. Schneider, CMC City Clerk 25