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Proof of Council Proceedings 6 2 08~ ...,, ,......-,. ~ 720 , ;od ~'' ~' CENTRAL AIR! in Yorkie/Shih-Poo, 8 mo. old 710 1 or 2 BR, deck, c/a, o parking, in-unit storage, as male. Shots up-to-date & Qr rRl LC41Fp'.C NATICF aool. rv $4 One ARBOR GLEN APTS ~~~- ~~~ °~ ate Greenhouse In Full Bloom! street parking. Theisen's Home ~ Farm ~ Auto NOW AVAILABLE! 2 & 3 BR 608-348-3762 ors I 2900 Dodge 557-8222 income qualified apts. West he end. HEAT/water/garbage he LG 1 BR, 1st floor, r _ i I ~ pd, Washer/dryr in each apt pets, water & heat parO Stove, refrig, dishwsher, dis- $550. 563-542-0383 5n- 688 posal, a/c, garage incl. Spe- for cial discount on cable TV. • Westside 1 BR, $425 icil 2-$649 & $778 3-$759 & $875 Breakfast bar, 4- I the PUBLISHERS NOTICE 2660 Raven Oaks, 582-2275 P ex' be REGARDING FIREARMS Schulz Prop. 556-3648od. Effective April 1, 2003, the * KEY APTS WEST * Large 3 BR, clean & qui~~O- Telegraph Herald no Ion- Near JFK & Pennsylvania) exc. downtown area. M~ ger accepts advertising for Efficiencies $340-$395 see! $525. 563-599-5223 fi- the sale or purchase of fire- * 1 BR west $455 I 's- arms unless the advertiser is a federally licensed gun dealer. Advertisers must submit a photocopy of a valid Federal Firearms Li- cense issued by the U.S. Department of Alcohol, To- bacco and Firearms. This documentation must be submitted only once, after which it will be kept on file in the TH classified office. Archery Video Hunts 700 Different Targets Groups up to 6 at a time Call for reservations Central Ran e 2100 White St., 58~-8514 Joe Wielder workout bench w/ approx. 300 lbs. of pro- fessional Olympic steel weighs, $150 obo.563-582-5710 BOWFLEX BLAZE, like new condition, $700. 563-590-4137 Huffy BBall hoop, back- board cracked, but usea- ble $40. 563-557-2419 Complete set men's golf clubs, $95. Call 563-583-1 ? 18 i ~ ; 646 Buyying Old Coin/Collections 10,14,18k dental, jewelry Immediate payment Coin Shop - 1870 Asbury 563-557-1001 WANTED TO BUY: Window air conditioner, 220 volt. 563-564-1770 WANTED! Good reel to reel tape deck, speakers for parts, working or not. +ee tit 1 BR mall area $465+ el CITY OF DUBUQUE, Garbage disposal, ceili IOWA fan, A/C, coin laund CITY COUNCIL storage, off street parkii PROCEEDINGS 6 mo. lease. 563-582-06 The Dubuque City Coun- (When Available) cil met in regular session • 2955 Wildwood, mode at 6:30 p.m., on June 2, 2008, in the Historic Fed- 2 BR, dishwasher, air $4' eral Building •1814 White, 2 BR, laun$ Present: Mayor Buol, •2419 Central, modern Council Members Braig, BR, air, 1 car parking.$3 Connors, Jones, Lynch, •1527 Central, cheap lar, Resnick, Voetberg, City 1 BR, appliances.......$2< EXEC MGT LTD 556-16C Manager Van Milligen, City gttorney Lindahl www.execmgtltd.com Mayor Buol read the call • Efficiencies $350 - $39 and stated this is a regular session called for the pur- • 1 Bedroom $345 - $42; Pose of discussing such Ceiling fan, a/c, coin laur matters which may proper- dry, off street parking. K A t D ly come before the City ey p s owntown 563-556-7989. No pets. Low deposit Council. 'Invocation was provided (When Available) by Pastor Jennifer Meyer, Center Grove United Westgate Manol Methodist Church. CONSENT ITEMS Nearly new westend 2 BI Motion by Lynch to re- deck dishwasher XL sto ceive and file the docu- , , age, c/air, ample parkin 7 ments, adopt the resolu- lions and dis ose of as in- $6 5. Garage, $40. , p EXEC MGT LTD 556-160: dicated. Seconded by www.execmgtltd.com Voetberg. Motion carried 7-0. Minutes and Reports ~ ~ ~ ~ Submitted: Arts and Cul- DBO Close to college or tural Affairs Advisory Com- Loras Blvd, alt utils pd. mission of 4/22 and 5/20; Huge 2 BR. $750/mo. City Council 5/19; Enter- Clean, 563-213-0006 or Prise Zone of 5/15; Transit 563-920-2814 ~ Board of 5/8 Proofs of publication of City Council Proceedings of May 5, 2008 and List of 1 BRs w/utilities $3 Claims and Summary of ......... 2 BRs w/utilities.........$45 Revenues for Month End- 3 BRs w/utilities .........$52 ing April 30, 2008 4 BRs w/utilities.........$65 Upon motion the docu- 563-582-1638 ments were received and filed. WESTGATE VILLA Notice of Claims/Suits: Luxury 2 BR, vaulted cer Neil and Beth Pitman for ing, 2 c. garage, extra larg property damage; Todd storage, c/a, patio, in-u Wessels for property dam- washer/dryer ..............$87 age. Upon motion the EXEC MGT LTD 556-160 documents were received www.execmgtltd.com and filed and referred to _ __ the City Attorney. advising I claims I to Pub- STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: June 11, 2008, and for which the charge is $378.95. Lti' . L~~ Subscribed to before me, Notary Public in and for Dubuque County, Iowa, this day of , 20 68~ . otary Public in and for Dubuque County, Iowa. o~ ..a'^~ o~ MARY K, WESTERMEYER a= ~ ~ Cammiseio~ Number 154865 ~~""- My ifimrn F"x0, ~`i~~. 1, 2011 lic Entity Risk Services of Iowa, the agent for the Io- wa Communities Assur- ance Pool: Marion O'Mara for property damage; Todd Wessels for property dam- age; Neil Pitman for prop- erty damage; Spring Connolly for personal injury/property damage City Attorney recom- mending that the claim of Tim Kelly for vehicle dam- age be referred to Fondell Excavating. Upon motion the docu- ments were received and filed, and concurred. Purchase of Service Agreement - .America's River Corporation: City Manager recommending approval of a Fiscal Year 2009 Purchase of Service Agreement with the Ameri- ca's River Corporation in the amount of $10,000. Upon motion the docu- ments were received, filed, and approved. Purchase of Service Agreement - Dubuque Area Chamber of Com- merce Convention and Visitors Bureau: City Man- ager recommending ap- proval of a Fiscal Year 2009 Purchase of Service Agreement with the Dubu- que Area Chamber of Commerce Convention and Visitors Bureau in the amount of $772,453. Upon motion the documents were received, filed, and approved. • Purchase of Service Agreement - Dubuque Area Labor Management Council: City Manager rec- ommending approval of a Fiscal Year 2009 Purchase of Service Agreement with the Dubuque Area Labor Management Council in the amount of $15,968. Upon motion the docu- ments were received, filed, and approved. Purchase of Service Agreement - Dubuque Main Street: City Manager recommending approval of a Fiscal Year 2009 Pur- chase of Service Agree- ment with Dubuque Main Street in the amount of $57,550. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement - Every Child Every Promise: City Man- ager recommending ap- proval of a Fiscal Year 2009 Purchase of Service Agreement with Every Child Every Promise in the amount of $25,000. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement - Greater Du- buque Development Cor- poration: City Manager recommending approval of a Fiscal Year 2009 Pur- chase of Service Agree- ment with the Greater Du- buque Development Cor- poration in the amount of $270,613. Upon motion the documents were re- ceived, filed, and ap- proved. Purchase of Service Agreement - Helping Serv- ices of Northeast Iowa, Inc.: City Manager recom- mending approval of a Fis- cal Year 2009 Purchase of Service -Agreement with Helping Services of North- east Iowa, Inc., in the amount of $2,147. Upon motion the documents were received, filed, and approved. Pi rnhaea of Sorting, the submission of a $500,000 grant application for Traffic Safety Improve- ment Program funding for the Pennsylvania Avenue Improvements Project. Upon motionthe docu- ments were received and filed and Resolution No. 175-08 Authorizing the fil- ing of a grant application for Traffic Safety Improve- ment Funding for the City of Dubuque. Pennsylvania Avenue Improvements (IA 32 to Vizaleea Drive) was adopted. Local Television Pro- gramming: Mayor Buol submitting correspond- ence to the FCC regarding possible changes in local television programming regulations: Upon motion the documents were re- ceived and filed. Community Oriented Po- licing Secure Our Schools Grant: City Manager rec- ommending approval of the submission of a Fiscal Year 2008 Community Ori- ented Policing Secure Our Schools Grant for the pur- pose of obtaining grant funding for school security measures. Upon motion the documents were re- ceived, filed, and ap- proved. Dubuque Industrial Cen- ter West 4th Addition: City Manager recommending approval of the subdivision of property at Dubuque In- dustrial Center West to fa- cilitate the Vanguard Countertops project. Upon motion the documents were received and filed and Resolution No. 176-08 Approving plat of survey of Lot 1 of 4 and Lot 2 of 4, Dubuque Industrial Center West 4th Addition in the City of Dubuque, Iowa, was adopted. Groveland Place Sanitary Sewer Reconstruction Project: City Manager rec- ommending award of the contract for the Groveland Place Sanitary Sewer Re- construction Project to Arensdorf Excavating & Trucking in the amount of $53,809.08. Upon motion the documents were re- ceived and filed and Reso- lution No. 177-08 Award- ing public improvement contract for the Groveland Sanitary Sewer Recon- struction Project was adopted. Request for Proposals - Water Meter Review and Testing: City Manager rec- ommending approval of the issuance of a Request for Proposals for the Water Meter Review and Testing program. Upon motion the documents were received, filed, and approved. GIS Software Agreement: City Manager recommend- ing approval to enter into an Enterprise License Agreement with Environ- mental Systems Research Institute, Inc. (ESRI), the City's GIS software provid- er. Upon motion the docu- ments were received, filed, and approved. Work Session - Bluffland Advisory Committee: City Manager transmitting, ma- terial from the Bluffland Advisory Committee for the June 9, 2008 worksession. Upon motion the documents were re- ceived and filed. Asbury Business Plaza - Final Plat: City Manager recommending approval of a 180-day extension for that final plat of Ach„n/ recommending approval of the assignment of a real estate lease and agree- ment between the City of Dubuque and Hodge Transit Warehouse Com- pany from U.S. Bank to Dubuque Bank and Trust Company. Upon motion the documents were re- ceived and filed and Reso- lution No. 182-08 Authoriz- ing the assignment of cer- tain leases between the City of Dubuque, Iowa, and Hodge Transit Ware- house Co..from U.S. Bank to Dubuque Bank and Trust Company for securi- ty was adopted. ITEMS TO BE SET FOR PUBLIC HEARING Motion by Lynch to re- ceive and file the docu- ments, adopt the resolu- tions, set the public hear ings as indicated, and di- rect the City Clerk to pub- lish notice as prescribed by law. Seconded by Connors. Motion carried 7- 0. Disposal of City Property West of Shiras Avenue: City Manager recommend- ing that a public hearing be set for June 16, 2008 to consider a request from Kevin and Paula Wade to purchase a portion of City - owned property adjacent to 2290 Shiras Avenue. Upon motion the docu- ments were received and filed and Resolution No. 183-08 Intent to dispose of City interest in Lot 2 of Park View No. 2 in the City of Dubuque, Dubuque County, Iowa, was. adopt- ed setting a public hearing for a meeting to com- mence at 6:30 p.m. on June 16, 2008 in the His- toric Federal Building. Locust Connector and Central Avenue Traffic Control Camera and Fiber Optic Project: City Manag- er recommending initiation of the public bidding proc- ess for the Locust Con- nector and Central Avenue Traffic Control Camera and Fiber Optic Project and that a public hearing be set for June 16, 2008 to consider approval of the plans and specifications, form of contract and esti- mated cost. Upon motion the documents were re- ceived and filed and Reso- lution No. 184-08 Prelimi- nary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing and ordering bids for the Locust Connector and Central Avenue Traffic Control Camera and Fiber Optic Project was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 16, 2008 in the Historic Feder- al Building. Sewer Revenue Capital Loan Notes: City Manager recommending that a pub- lic hearing be set for June 16, 2008• to consider the issuance of not to exceed $1,141,000 Sewer Reve- nue Capital Loan Notes (State of Iowa Revolving Fund Loan) for construc- tion of the North Fork Cat- fish Creek Stormwater and Sanitary Sewer Improve- ments, Phase I Sanitary Sewer Project. Upon mo- tion the documents were received and filed and Resolution No. 185-08 Fix- ing date for a meeting on the authorization of a loan and disbursement agree - spoke in eupport of his ap- pointment. Zoning Advisory Com- mission: Three 3-year ex- piring terms through July 1, 2011 (Terms of Christ, Schiltz and Smith) and One 3-year vacant term through July 1, 2010 (Term of Bird). Applicants: Mar- tha Christ, 88 Princeton; Thomas Henschel, 995 June Drive; Richard Schiltz, 2381 Carter Road; Ron Smith, 1640 Justin Lane; Ferd Nesler, 4125 Mt. Alpine Street. Ms. Christ, Mr. Henschel and Mr. Smith spoke in sup- port of their appointment. Appointments to the fol- lowing Boards/Commis- sions: Electrical Code Board: Three 3-year expired terms through May 21, 2011 (Terms of Mueller, Reiss, Pfohl) Electrical experience requirement. Applicants: Ronald Mueller, 855 Salem Street (Additional Appli- cant); Elaine Reiss, 2222 Roosevelt Street; Kevin Pfohl, 1878 Hummingbird Drive. Motion by Connors to appoint Mr. Mueller, Ms. Reiss, and Mr. Pfohl to the Electrical Code Board for 3-year terms through May 21, 2011. Seconded by Braig. Motion carried 7-0. Housing Code Appeals Board: Two 3-year, vacant terms through January 11, 2009, and January 11, 2011 (Terms of Durley and Moore respectively). Appli- cant: Paul Newman, 2317 Queen Street. Motion by Connors to appoint Mr. Newman to the Housing Code Appeals Board for a 3-year term through Janu- ary 11, 2009. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone to address the City Council. Historic Designation - 216 Clarke Drive: Proof of publication on notice of public hearing to consider the Individual Historic Des- ignation of 216 Clarke Drive and Long Range Planning Advisory Com- mission recommending approval. Communication from the State Historical Society of Iowa regarding the individ- ual designation of 216 Clarke Drive. Historic Preservation Commission recommend- ing approval of the appli- cation of Charles Walter and Barbara Zoellner for Individual Historic Desig- nation for property located at 216 Clarke Drive. Motion by Braig to re- ceive and file the docu- ments and that the re- quirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Voetberg. Planning Serv- ices Manager Laura Carstens provided a staff report. Motion carried 7-0. Motion by Braig for final consideration and passage of Ordinance No. 33-08 Amending Chapter 25 (Historic Preservation) of the City of Dubuque Code of Ordinances by adding Section 25-6.14(2) Estab- lishing an Individually Des- ignated Historic Property at 216 Clarke Drive. Seconded by Voetberg. Motion carried 7-0. sage of Ordinance No. 36- 08 Approving Individual Historic Designation for property located at 40-42 Main Street. Seconded by Jones. Motion carried 7-0. 2008 Asphalt Paving Pro- gram: Proof of publication on notice of public hearing to consider the plans and specifications, form of contract and estimated cost for the 2008 Asphalt Paving Program and City Manager recommending approval. Motion by Lynch go receive and file the documents and adopt Resolution No. 188-08 Ap- proval of plans, specifica- tions, form of contract, and estimated cost for the 2008 Asphalt Paving Pro- gram. Seconded by Jones. Motion carried 7-0. Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Convention and Visitors Bureau: Dubuque Conven- tion and Visitor's Bureau Director Sue Czeshinski presented the Convention and Visitor's Bureau quar- terly report. Motion by Connors to receive and file the documents. Seconded by Voetberg. Motion car- ried 7-0. Request to Rezone - Property South of Old Highway Road and West of Railroad Line (First Reading on May 19, 2008): Request from Toby Kress, Kress Industrial Fa- cility 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 annexa- tion, and Zoning Advisory Commission recommend- ing denial. Communication from Greg Adams providing an update regarding the pro- posed rezoning. Communications from James and Beverly Met- calf, 15693 McClain Lane; Deb Vize, 12055 Cotting- ham Road; Bill and Linda Chesterman; Gary John- son, 12089 Cottingham Road; Bill Huerter, 12042 Cottingham Road, and John E. Goodmann in op- position to the proposed rezoning. Motion by Connors to re- ceive and file the docu- ments and consider the second reading of a pro- posed ordinance amend- ing Appendix A .(The Zon- ing Ordinance) of the City of Dubuque Code of Ordi- nances, by reclassifying hereinafter described property located south of Old Highway Road from County R-1 Residential District to City AG Agricul- tural District and LI Light Industrial District, concur- rent with annexation with conditions incorporated. Seconded by Jones. Toby, Kress, 12998 English Mill Road, stated he would have a site plan and a de- scription of how he would address issues available for City Council at the June 16 meeting. Jones asked that screening and drainage requirements be incorporated as conditions in the ordinance. Voetberg concurred with Jones add- ing that it should be in writing. Connors stated she appreciated the factu- al letters received. Resnick Washington Neighborhood Planning Project: City Manager recommending approval of the selection of Teska Associates, Inc., as the consultant for the Washington Neighborhood planning initiative. Motion by Connors to receive and file the documents and ap- prove. Seconded by Voetberg. Motion carried 7-0. Website Redesign Ven- dor Recommendation: City Manager recommending selection of multiple ven- dors for the redesign of the City of Dubuque's website. Motion by Jones to receive and file the documents and approve. Seconded by Connors. Public Informa- tion Officer Randy Gehl stated the CivicPlus would be the project manager. Lynch stated for the record that he has had nothing to with this project. Motion carried 6-0 with Lynch ab- staining. Consultant Selection for Warehouse District Master Plan: City Manager recom- mending approval of a contract with the Cuningham Group Archi- tecture, P.A.,to develop the Dubuque Warehouse District Master Plan. Mo- tion by Connors to receive and file the documents and adopt Resolution No. 191-08 Authorizing con- tract with Cuningham Group Architecture, P.A. for providing professional services for the Dubuque Warehouse District Master Plan. Seconded by Jones. Motion carried 7-0. Sustainability Consultant Request for Proposals: City Manager recommend- ing approval of the selec- tion of the Durrant Group to provide Sustainable City Consulting Services. Mo- tion by Connors to receive and file the documents and approve. Seconded by Jones. Motion carried 7-0. Proposed Condominium Project - 440 Raymond Place: City Manager sub- mitting information regard- ing a proposed condomini- um project at 440 Ray- mond Place. Motion by Jones to receive and file. Seconded by Connors. Sara "Sally" Kahle, 2040 S. Grandview, spoke relative to her project and voiced objection to comments made at the May 19 City Council meeting. Ms. Kahle stated she has com- plied with all City regula- tions and opposes any bluffland moratorium. Ted Huinker, attorney for Ms. Kahle, concurred with her comments and stated he believed a moratorium would be unconstitutional. Motion carried 7-0. Coun- cil discussion included re- iterating to Ms. Kahle that her project is an allowable use and not within. the Council's jurisdiction and expressing their concerns over an immediate need for a bluffland moratorium. Bluff Overlay District Moratorium: City Manager recommending approval of the establishment of a moratorium for the pro- posed Bluff Overlay Dis- trict through August 1, 2008. Motion by Jones to receive and file the docu- ments and that the re- quirement that a proposed ordinance be considered and voted on for passage at two Council meetings STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: June 11, 2008, and for which the charge is $378.95. 3 Subscribed to before me, Notary Public in and for Dubu ue County, Iowa, this 1A2o, day of , 20 67 . otary Public in and for Dubuque County, Iowa. MARY K, WESTERMEYER Commission Number 154895 My Cnrorn KXD, FEB. 1, 2011 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Coun- cil met in regular session at 6:30 p.m., on June 2, 2008, in the Historic Fed- eral Building Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voetberg, City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a regular session called for the pur- pose of discussing such Tatters which may proper- ly come before the City Council. 'Invocation was provided by Pastor Jennifer Meyer, Center Grove United Methodist Church. CONSENT ITEMS Motion by Lynch to re- ceive and file the docu- ments, adopt the resolu- tions, and dispose of as in- dicated. Seconded by Voetberg. Motion carried 7-0. Minutes and Reports Submitted: Arts and Cul- tural Affairs Advisory Com- mission of 4/22 and 5/20; City Council 5/19; Enter- prise Zone of 5/15; Transit Board of 5/8 Proofs of publication of City Council Proceedings of May 5, 2008 and List of Claims and Summary of Revenues for Month End- ing April 30, 2008 Upon motion the docu- ments were received and filed. Notice of Claims/Suits: Neil and Beth Pitman for property damage; Todd Wessels for property dam- age. 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 Pub - Council: City Manager rec- ommending approval of a Fiscal Year 2009 Purchase of Service Agreement with the Dubuque Area Labor Management Council in the amount of $15,968. Upon motion the docu- ments were received, filed,. and approved. Purchase of Service Agreement - Dubuque Main Street: City Manager recommending approval of a Fiscal Year 2009 Pur- chase of Service Agree- ment with Dubuque Main Street in the amount of $57,550. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement - Every Child Every Promise: City Man- ager recommending ap- proval of a Fiscal Year 2009 Purchase of Service Agreement with Every Child Every Promise in the amount of $25,000. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement - Greater Du- buque Development Cor- poration: City Manager recommending approval of a Fiscal Year 2009 Pur- chase of Service Agree- ment with the Greater Du- buque Development Cor- poration in the amount of $270,613. Upon motion the documents were re- ceived, filed, and ap- proved. Purchase of Service Agreement - Helping Serv- ices of Northeast Iowa, Inc.: City Manager recom- mending approval of a Fis- cal Year 2009 Purchase of Service -Agreement with Helping Services of North- east Iowa, Inc., in the amount of $2,147. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement - Hills and Dales Senior Programs: City Manager recommend- ing approval of a Fiscal Year 2009 Purchase of Service Agreement with Hills and Dales in the amount of $25,000 for a Senior Center. Upon mo- tion the documents were received, filed, and ap- proved. Purchase of Service Agreement - NICC North- east Iowa Business Accel- erator Business Plan: City Manager recommending approval of a Fiscal Year 2009 Purchase of Service Agreement with Northeast lowa Community College in the amount of $5,000 for the Business Accelerator Business Plan. Upon mo- tion the documents were received, filed, and ap- proved. Purchase of Service Agreement - Operation: New View Community Ac- tion Agency: City Manager recommending approval of a Fiscal Year 2009 Pur- chase of Service Agree- ment with Operation: New View Community Action Agency in the amount of $18,257. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement - Project Con- cern Foster Grandparent Program: City Manager recommending approval of a Fiscal Year 2009 Pur- chase of Service Agree- ment with Project Concern in the amount of $6,113 for the Foster Grandparent Program. . Purchase of Service Agreement - Project Con- cern Information and Re- ferral and Child Care Re- ferral: City Manager rec- ommending approval of a Fiscal Year 2009 Purchase of Service Agreement with Project Concern in the amount of $25,821 for the Information and Referral and Child Care Referral programs. Upon motion the documents were re- ceived, filed, and ap- proved.. Purchase of Service Agreement - Retired and Senior Volunteer Program: City Manager recommend- ing approval of a Fiscal Year 2009 Purchase of Service Agreement with the Retired and Senior Vol- unteer Program in the amount of $7,341. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement - Substance Abuse Services Center: City Manager recommend- ing approval of a Fiscal Year 2009 Purchase of Service Agreement with the Substance Abuse Services Center in the amount of $13,605. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement - Washington Tool Library: City Manager recommending approval of a Fiscal Year 2009 Pur- chase of Service Agree- ment with the Washington Tool Library in the amount of $15,500. Upon motion the documents were re- ceived, filed, and ap- proved. Pennsylvania Avenue Im- provements - Traffic Safety Grant: City Manager rec- ommending approval of were received and filed and Resolution No. 176-08 Approving plat of survey of Lot 1 of 4 and Lot 2 of 4, Dubuque Industrial Center West 4th Addition in the City of Dubuque, Iowa, was adopted. Groveland Place Sanitary Sewer Reconstruction Project: City Manager rec- ommending award of the contract for the Groveland Place Sanitary Sewer Re- construction Project to Arensdorf Excavating & Trucking in the amount of $53,809.08. Upon motion the documents were re- ceived and filed and Reso- lution No. 177-08 Award- ing public improvement contract for the Groveland Sanitary Sewer Recon- struction Project was adopted. Request for Proposals - Water Meter Review and Testing: City Manager rec- ommending approval of the issuance of a Request for Proposals for the Water Meter Review and Testing program. Upon motion the documents were received, filed, and approved. GIS Software Agreement: City Manager recommend- ing approval to enter into an Enterprise License Agreement with Environ- mental Systems Research Institute, Inc. (ESRI), the City's GIS software provid- er. Upon motion the docu- ments were received, filed, and approved. Work Session - Bluffland Advisory Committee: City Manager transmitting, ma- terial from the Bluffland Advisory Committee for the June 9, 2008 worksession. Upon motion the documents were re- ceived and filed. Asbury Business Plaza - Final Plat: City Manager recommending approval of a 180-day extension for the final plat of Asbury Business Plaza. Upon mo- tion the documents were received and filed and Resolution No. 178-08 Re - approving the final plat of Asbury Plaza • Business Park First Addition in the City of Dubuque, Iowa, was adopted. Amendment to Siegert Farm Lease: City Manager recommending approval of an amendment Io the farm lease with William and Ja- net Siegert for the North Siegert Farm. Upon motion the documents were re- ceived and filed and Reso- lution No. 179-08 Approv- ing an amendment to the farm lease between the City of Dubuque and Wil- liam and Janet Siegert was adopted. Legislative Correspond- ence:'Communication from Mayor Roy Buol, et al, to Senator Charles Grassley urging support of the Lieberman -Warner Climate Security Act of 2007 and legislation providing direct resources for local govern- ment actions that reduce greenhouse gas emis- sions. Upon motion the documents were received and filed. Water Pollution Control Plant Facility Plan: City Manager recommending approval for Strand Asso- ciates to submit the Water Pollution Control Plant Fa- cility Plan to the Iowa De- partment of Natural Re- sources. Upon motion the documents were received, filed, and approved. Government Finance Offi- cers Association: Commu- nication from the Govern- ment Finance Officers As- sociation advising that the City's Annual Financial Re- port (CAFR) qualifies for a Certificate of Achievement for Excellence in Financial Reporting. Upon motion the documents were re- ceived and filed. Signed Contracts: City Manager submitting sign- ed contracts for the 2008 Catch Basin Reconstruc- tion project, East Dubuque Excavation Project, Sutton Pool Parking Lot Resurfac- ing Project and the Hill - crest Family Services Parking Lot Lease Agree- ment. Upon motion the documents were received, filed, and approved. Liquor License Transfer: The Rotary Club request- ing a transfer of their liquor license to the A.Y. McDo- nald Park - Hawthorne Street on June 11, 2008 for the ARC Games. Upon motion the documents were received, filed, and approved. Liquor License Renewals: City Manager recommend- ing approval of annual ligL uor license renewals as submitted. Upon motion the documents were re- ceived and filed and Reso- lution No. 180-08 Granting the issuance of a Class "C" Beer Permit to McCann's Service, Inc.; and Resolution No. 181-08 Granting the issuance of a Class "C" Beer/Liquor Li- cense to Fischer Lanes and Kalmes Breaktime Bar (One -day outdoor service) and a Special Class "C" Liquor License to Dubuque Jaycees (Two five-day special events) were adopted. Hodge Transit Ware- house Company Lease As- signment: City Manager County, Iowa, was'`t- ed setting a public hearing for a meeting to com- mence at 6:30 p.m. on June 16, 2008 in the His- toric Federal Building. Locust Connector and Central Avenue Traffic Control Camera and Fiber Optic Project: City Manag- er recommending initiation of the public bidding proc- ess for the Locust Con- nector and Central Avenue Traffic Control Camera and Fiber Optic Project and that a public hearing be set for June 16, 2008 to consider approval of the plans and specifications, form of contract and esti- mated cost. Upon motion the documents were re- ceived and filed and Reso- lution No. 184-08 Prelimi- nary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing and ordering bids for the Locust Connector and Central Avenue Traffic Control Camera and Fiber Optic Project was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 16, 2008 in the Historic Feder- al Building. Sewer Revenue Capital Loan Notes: City Manager recommending that a pub- lic hearing be set for June 16, 2008. to consider the issuance of not to exceed $1,141,000 Sewer Reve- nue Capital Loan Notes (State of Iowa Revolving Fund Loan) for construc- tion of the North Fork Cat- fish Creek-Stormwater and Sanitary Sewer Improve- ments, Phase I Sanitary Sewer Project. Upon mo- tion the documents were received and filed and Resolution No. 185-08 Fix- ing date for a meeting on the authorization of a loan and disbursement agree- ment and the issuance of not to exceed $1,141,000 Sewer Revenue Capital Loan Notes of Dubuque, Iowa, and providing for publication of notice there- of was adopted setting a public hearing for a meet- ing to commence at 6:30 p.m. on June 16, 2008 in the Historic Federal Build- ing. Bricktown Parking Lot: City Manager recommend- ing that a public hearing be set for June 16, 2008 to consider approval of fi- nancing to purchase the Bricktown Parking Lot lo- cated on the southeast corner of Locust and Third Street. Upon motion the documents were received and filed and Resolution No. 186-08 Fixing date for a meeting on the authori- zation of a loan agreement between the City of Dubu- que and Dubuque Initia- tives, and providing for publication of notice there- of was adopted setting a public hearing for a meet- ing to commence at 6:30 p.m. on June 16, 2008 in the Historic Federal Build- ing. BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions. Historic Preservation Commission: Two 3-year expiring terms through Ju- ly 1, 2011 (Terms of Wand, Architect/At-Large; and Wainwright, Langworthy District) One 3-year vacant term through July 1, 2012 (Term of Coty, Cathedral District). Applicant: Chris Wand, 940 Mt. Pleasant Street (Architect/At-Large re- quirement) Investment Oversight Ad- visory Commission: One 3- year expiring term through July 1, 2011 (Term of Blocker). Applicant: Virgil Blocker, 1850 Carter Road Long Range Planning Ad- visory Commission: Two 3-year expiring terms through July 1, 2011 (Terms of Krueger and Oswald). Applicants: Lou Oswald, 1080 Nowata Street; Richard Van Iten, 3273 Bittersweet Lane; Alan Vincent, 1010 Dun- ham Drive. Mr. Oswald and Mr. Van Iten both spoke in support of their appointments. Mr. Vincent withdrew his application from consideration. Park and Recreation Ad- visory Commission: Three 3-year expiring terms through June 30, 2011 (Terms of Blocklinger, Day - kin, and Nadeau). Appli- cants: Mark Noble, 1810 Rosemont; Tom Blocklinger, 3177 Erie Court; Evelyn Nadeau, 663 Fenelon Place. TV Cable Community Teleprogramming Com- mission: Three 3-year ex- pired terms through June 30, 2011 (Terms of Maloney, Herrig, and Hoverman). Applicant: Pauline Maloney, 506 St. George Street. Ms. Maloney spoke in support of her appointment. TV Cable Regulatory Commission: Two 3-year expiring terms through Ju- ly 30, 2011 (Terms of Tigges and Webster). Ap- plicants: Kenneth Miller, 195 Julien Dubuque Drive; Walt Webster, 3509 As- bury Road. Mr. Miller Connors to appoint Mr. Newman to the Housing Code Appeals Board for a 3-year term through Janu- ary 11, 2009. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone to address the City Council. Historic Designation - 216 Clarke Drive: Proof of publication on notice of public hearing to consider the Individual Historic Des- ignation of 216 Clarke Drive and Long Range Planning Advisory Com- mission recommending approval. Communication from the State Historical Society of Iowa regarding the individ- ual designation of 216 Clarke Drive. Historic Preservation Commission recommend- ing approval of the appli- cation of Charles Walter and Barbara Zoellner for Individual Historic Desig- nation for property located at 216 Clarke Drive. Motion by Braig to re- ceive and file the docu- ments and that the re- quirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Voetberg. Planning Serv- ices Manager Laura Carstens provided a staff report. Motion carried 7-0. Motion by Braig for final consideration and passage of Ordinance No. 33-08 Amending Chapter 25 (Historic Preservation) of the City of Dubuque Code of Ordinances by adding Section 25-6.14(2) Estab- lishing an Individually Des- ignated Historic Property at 216 Clarke Drive. Seconded by Voetberg. Motion carried 7-0. Development Agreement - Vanguard Countertops, Inc.: Proof of publication on notice of public hearing to consider approval of a Development Agreement and the disposal of land to Malay Holdings, LLC for an office/manufacturing complex for Vanguard Countertops, Inc. and City Manager recommending approval. Motion by Jones to receive and file the documents and adopt Resolution No. 187-08 Ap- proving a Development Agreement providing for the sale of 3.555 acres in the Dubuque Industrial Center West to Malay Holdings, LLC. Seconded by Connors. Brian Gilligan, President of Vanguard Countertops, Inc., spoke in support of the Develop- ment Agreement. Motion carried 7-0. Washington Neighbor- hood and Salvia House Ur- ban Revitalization Areas: Proof of publication on no- tice of public hearing to consider an amendment to the Washington Neighbor- hood Urban Revitalization Area Plan and adoption of Salvia House Urban Revi- talization Area Plan and City Manager recommend- ing approval. Long Range Planning Commission submitting correspondence regarding the Salvia House Urban Revitalization Plan. Motion by Braig to re- ceive and file the docu- ments and that the re- quirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Jones. Michelle Mihalakis, 2454 Jackson Street, spoke in support of the amendment. Braig com- mended Ms. Mihalakis for her great work. Motion carried 7-0. Motion by Braig for final consideration and passage of Ordinance No. 34-08 Amending the existing Washington Neighborhood Urban Revitalization Area plan pursuant to Chapter 404 of the Code of Iowa, and Ordinance No. 35-08 Establishing the Salvia House Urban Revitalization Area as an Urban Revitali- zation Area pursuant to Chapter 404 of the Code of Iowa. Seconded by Jones. Motion carried 7-0. Individually Designated Historic Property - 40-42 Main Street: Proof of publi- cation on notice of public hearing to consider the ap- plication for Individual His- toric Designation of 40-42 Main Street and City Man- ager recommending ap- proval. Communication from Chris Miller regarding the application for Individually Designated Historic Prop- erty at 40-42 Main Street. Motion by Connors to re- ceive and file the docu- ments and that the re- quirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Jones. Chris Miller, 3211 North Cedar Street, spoke in support of the proposed ordinance. Motion by Connors for fi- nal consideration and pas - south of Old Highway Road from County R-1 Residential District to City AG Agricultural District and LI Light Industrial District, concurrent with annexa- tion, and Zoning Advisory Commission recommend- ing denial. Communication from Greg Adams providing an update regarding the pro- posed rezoning. Communications from James and Beverly Met- calf, 15693 McClain Lane; Deb Vize, 12055 Cotting- ham Road; Bill and Linda Chesterman; Gary John- son, 12089 Cottingham Road; Bill Huerter, 12042 Cottingham Road, and John E. Goodmann in op- position to the proposed rezoning. Motion by Connors to re- ceive and file the docu- ments and consider the second reading of a pro- posed ordinance amend- ing Appendix A (The Zon- ing Ordinance) of the City of Dubuque Code of Ordi- nances, by reclassifying hereinafter described property located south of Old Highway Road from County R-1 Residential District to City AG Agricul- tural District and LI Light Industrial District, concur- rent with annexation with conditions incorporated. Seconded by Jones. Toby Kress, 12998 English Mill Road, stated he would have a site plan and a de- scription of how he would address issues available for City Council at the June 16 meeting. Jones asked that screening and drainage requirements be incorporated as conditions in the ordinance. Voetberg concurred with Jones add- ing that it should be in writing. Connors stated she appreciated the factu- al letters received. Resnick asked Mr. Kress about marketing the property as residential. Mr. Kress stat- ed it is not appropriate residential ground. Lynch stated that the City Coun- cil is taking a leap of faith on the development and Mr. Kress should prove himself to be a good neighbor. Motion carried 6-1 with Resnick voting nay. Request to Annex - Prop- erty South of Old Highway Road and West of Railroad Line (Tabled on May 19, 2008): City Manager rec- ommending approval of the annexation of property south of Old Highway Road and west of railroad line in conjunction with rezoning. Communication from the Planning Services Manag- er providing information on the Request for Voluntary Annexation by Toby Kress, Kress Industrial Facility Motion by Voetberg to re- move from the table. Seconded by Jones. Mo- tion carried 7-0. Motion by Voetberg to re - table to June 16, 2008. Seconded by Jones. Mo- tion carried 7-0 Snow Route Parking Re- striction System (First Reading on May 19, 2008): City Manager recommend- ing revisions to Dubuque's snow route parking restric- tion system as stipulated in Section 32-321.682 of the Code of Ordinances. Communication from Jer- ry Maro requesting to ad- dress the City Council re- garding the proposed snow route parking policy. Communication from Wil- liam Kramer requesting to address the City Council regarding the proposed snow route parking policy. Communications from Karen Kuhle and James Mai expressing concerns over the proposed snow removal policy. Motion by Jones to table to a City Council meeting following a pending work session on the issue. Seconded by Voetberg. Motion carried 6-1 with Resnick voting nay. Community Partnership (cp2) Program - Fiscal Year 2009: City Manager recommending approval of the Community Develop- ment Advisory Commis- sion's recommendation for allocation of Community Partnership Program (cp2) funds. Motion by Connors to receive and file the documents and adopt Resolution No. 189-08 Au- thorizing the award of Community Partnership Program (cp2) Funds for Fiscal Year 2009. Seconded by Voetberg. Motion carried 7-0. Community Economic Betterment Account Appli- cation - Morrison Brothers: City Manager recommend- ing approval of a Com- munity Economic Better- ment Account (CEBA) ap- plication to the lowa De- partment of Economic De- velopment on behalf of Morrison Bros. Co. Motion by Lynch to receive and file the documents and adopt Resolution No. 190- 08 Authorizing the filing of a Community Economic Betterment Account (CEBA) application on be- half of Morrison Bros. Co. Seconded by Connors. Motion carried 7-0. Consultant Selection for fan. Seconded by Jones. Motion carried 7-0. Sustainability Consultant - Request for Proposals: City Manager recommend- ing approval of the selec- tion of the Durrant Group to provide Sustainable City Consulting Services. Mo- tion by Connors to receive and file the documents and approve. Seconded by Jones. Motion carried 7-0. Proposed Condominium Project - 440 Raymond Place: City Manager sub- mitting information regard- ing a proposed condomini- um project at 440 Ray- mond Place. Motion by Jones to receive and file. Seconded by Connors. Sara "Sally" Kahle, 2040 S. Grandview, spoke relative to her project and voiced objection to comments made at the May 19 City Council meeting. Ms. Kahle stated she has com- plied with all City regula- tions and opposes any bluffland moratorium. Ted Huinker, attorney for Ms. Kahle, concurred with her comments and stated he believed a moratorium would be unconstitutional. Motion carried 7-0. Coun- cil discussion included re- iterating to Ms. Kahle that her project is an allowable use and not within. the Council's jurisdiction and expressing their concerns over an immediate need for a bluffland moratorium. Bluff Overlay District Moratorium: City Manager recommending approval of the establishment of a moratorium for the pro- posed Bluff Overlay Dis- trict through August 1, 2008. Motion by Jones to receive and file the docu- ments and that the re- quirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Connors. Planning Serv- ices Manage Laura Carstens provided infor- mation regarding the bluff overlay districts. Motion carried 6-1 with Resnick voting nay. Motion by Jones for final consideration and passage of Ordinance No. 37-08 Amending the City of Du- buque Code of Ordinances by adopting a new Section 11-58.7 Moratorium on the issuance of a building per- mit for the construction of new principal structures in the Bluff Overlay District. Seconded by Voetberg. Motion carried 6-1 with Resnick voting nay. Human Relations Ordi- nance: City Manager rec- ommending approval of an amendment to Chapter 27 of the Code of Ordinances to extend the Statute of Limitations for filing of a complaint regarding a dis- criminatory practice from 180 days to 300 days to be consistent with State code. Motion by Connors to receive and file the documents and that the requirement that a pro- posed ordinance be con- sidered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Jones. Mo- tion carried 7-0, Motion by Connors for fi- nal consideration and pas- sage of Ordinance No. 38- 08 Amending City of Du- buque Code of Ordinances Section 27-113 Time Limi- tation for Filing Com- plaints; and Ordinance No. 39-08 Amending City of Dubuque Code of Ordi- nances Section 27-135 Administrative Enforce- ment; Preliminary Matters. Seconded by Jones. Mo- tion carried 7-0. COUNCIL MEMBER REPORTS Resnick thanked every- one involved with the suc- cess of Dubuque's 175th Anniversary event. Jones expressed the need for a work session on the proposed snow route ordinance. Lynch inquired about the possibility of using a "Re- verse 91-1" in conjunction with the proposed snow route ordinance. Braig inquired about why Veteran's Day is not a free - parking day for citizens. PUBLIC INPUT Amy Hulsizer, 922 Gar- field, expressed her opin- ion about issues that oc- curred at the All the Way Home Veterans event held several weeks ago. CLOSED SESSION Motion by Jones to con- vene in closed session at 8:50 p.m. regarding pend- ing litigation and property acquisition pursuant to Chapter 21.5(1)(c)(j) 2007 Code of Iowa. Seconded by Lynch. Motion carried 7-0. Motion by Jones to re- convene in open session at 9:20 p.m. Seconded by Lynch. Motion carried 7-0. There being no further business, upon motion the City Council adjourned at 9:21 p.m. /s/Jeanne F. Schneider, CMC, City Clerk 1t 6/11 Subscribed to this /{ 2