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Proof of Council Proceedings 6 16 08I CITY OF DUBUQUE, ~ enna1seM ee,p ~«ia qsy ayl yl!M Pala!oos office located in Wright advising that sM. OWA suollels dwnd onnl ayl II, 50 W. 13th will not be applying for curt CITY COUNCIL sa!lllloel uolinglalslp o!al _ Dubuque, IA appointment to the Histeys PROCEEDINGS e la pualxa II!nn alelsaalul he regular busi- is Preservation Comm tw The Dubuque City Coun- cil met in regular session aaaynn /~uedwo0 ly6!~ urs of the City a aannod alelsaalul yl!M office are from 8 lion. Upon motion $27 document was recei~n. at 6:30 p.m. on June 16, awaaa6e ue )o lenad 5 p.m. Monday and filed. t n~ 2008 in the Historic Feder- al Building. a 6u!puawwooea aa6e Friday. Amended ew RlID :loafoad sall!I!o 32 becomes ef- Zoning Advisory Coor ~ mission: Communicat par Present: Mayor Buol, Council Members Braig J 6uldwnd ~alennalseM >on publication. tingsy =d officially in the Zg from Eugene J. Bird, peer submitting his resignat re , Connors, Jones, Lynch, ,y g ld ~panoadde pue'palll r Herald Newspa- from the Zoning Advisaent Resnick, Voetberg, City Manager Van Milligen; City anlaoaa aaann sluawnoop at a later date~as 1 uollow uodD ~spunJ ~ item Seconded ~m~~~io"v'~' ~~Q~ m'g't' ~' ments were received als_ Attorney Lindahl id d . eon 6ulnlonay alelS to ,, Motion carried ~aad a s! b filed and Resolution N13_ 196-08 Authorizing a Co e Invocation was prov b Reverend Peter Mar- Y a ;n ayl aot allsln nn uollew~o ul ~yl luawr Q 1 45 Audit Propos- pu_ munity Economic Betties shall, Dubuque Bible ect was adopted. Manager recom- ment Account CE 'ni- tract o b h f e Church. PROCLAMATIONS 2008 Justice Assistance approval of a Grant Application: City with Gallagher n e al of M dl Industries, Inc. was adokss d Apples for Students Months (June and July, Manager recommending ;ervices, Inc. to approval of the 2008 Jus- , GASB-45 actua- e . th, Dubuque Industrial Ceol- 2008) was accepted by Sr. M k' lice Assistance Grant ap- ation for the Cit f Y• ter West - Chavenyig, Court 2008 Project: C ar s Inez Tunme er, St. Y Community Center, 1201 lication in the amount o p ~tion the docu- $20,040. Upon motion the re received filed Manager recommendidi- Locust Street; Operation We Care Month Jul ( Y. d b , , documents were received, >ved. filed, and approved. ing and Actuarial l award of the public i 7, provement contract for Uc_ Dubuque Industrial Cen y 2008) was accepte Jim Wagner, 2425 Divi- Tobacco Comp iance: Agreement: City City Manager recommend- recommendin 9 of West - Chavenelle Co to 20 sion Street; CPR/AED ing approval of Acknow- ~f an Amendment 08 Project to HorsfiE of Construction Inc i Awareness Months (June and July, 2008) on behalf ledgement/Settlement ninistrative Serv- Agreements for a first to- Ireement with , . n taf- amount of $598,247.fre_ of the American Red Cross, Dubuque Chapter; bacco compliance viola- Benefit Services lion for the 16th Street Au- consulting and Upon motion the docle. ments were received ai . s. Bruce Wentworth Day to Plaza, HyVee, Inc., Oky ervices effective filed and Resolution N 197.08 Awardin b (June 12, 2008) was ac- cepted by Bruce Went- Doky #2, Econo Foods )8. Upon motion #471, Kwik Stop, and Pla- vents were re- g pu e_ improvement contract i worth, 1855 Greyhound Road; Music on the March za 20 BP, a second tobac- filed, and a co compliance violation for p- the Dubu ue e_ q Industr Center West - Chaveneed was acce led b Gre P Y 9 t St ll 260 F Ok Dok #8 and Case s y y y' Plan Administra- hi d Court 2008 Pro e d j ct way adopted. . ree , 2 o a Orwo y CONSENT ITEMS r General Store, and a t Manager recom- tobacco compliance viola- approval of an 3e Dubuque County Boags Motion by Lynch to re- lion for Hartig Drug Com-,t to the Admin- of Health: City Managat ceive and file the docu- l h pony #4. Upon motion the ;ervices A ree- o recommending approval ~e a letter of support for tt e reso u- ments, adopt t lions, and dispose of as in- documents were received, Health Ch ices, filed, and approved. fie purchase of y Harkin Wellness Grant Ap, dicated. Seconded by 2008 Commercial Equip- ware for admin- Plication being submitt4al th b Voetberg. Connors re- nested #3 Communica- q ( ) ment Direct Assistance the Cit s medi- Pro ram CEDAP Grant: y g ( ) pon motion the e Dubuque Coun3e y Board of Health. Upon mpg lion from Jim Giese re- City Manager recommend- were received, lion the document was ru_ t ceived filed d ardin Administrative Pol- g g ing approval of the sub- pproved. , , an aps ; proved icy #3.10 be held for sepa- rate discussion. Motion mission of the 2008 Com- Duque Brewery mercial Equipment Direct it LLC: Cit . Specific and Aggrega j~ II; carried 7-0. , y Assistance Program recommending Stop Loss Insurance R p l Minutes and Reports Submitted: City Council of (CEDAP) grant application ~f the First to the Federal Emergency to the Lease newa : Cit Mana Y ger reed n ommending acceptance ~f. 6/2 as corrected, 6/4 and 6/9; Environmental Stew- Management Agency / between the U.S. Department of Home- uque and the the proposal from Corb_ ~ Panion Life for the City ardship Advisory Commis- Hi d 6/3 land Security Administra- u ue Brewe g n Specific and Aggrega_i_ > Stop Loss Insuranc s- sion of 5/12 an ; toric Preservation Com- lion. Upon motion the , LLC. U o documents were received, P documents er ; Upon motion the docrto fie mission of 5/15; Housing ments were received, fileth ~, filed, and approved. ~d, filed, and and a r Pp oved Code Appeals Board of 4/15; Human Rights Com- 1 L Stipulation of Settlement -First National Bank: City of Pro ert _ p y . fie x_; Middle Fork Catfi~e Creek Hike/Bike Trail F ong mission of 5/ 2; i l i Ad e;to u Attorne submittin a Sti Y 9 P- Street: City sibilit Stud it Mana f v sory ann ng Range P Commission of 5/21; Park ya ~e, ulation of Settlement o .commending er recommend n three tax assessment ap- the purchase g optr s~ and Recreation Commis- sion of 5/13; Zoning Board to ne otiate a c ~i a peals of First National al dwellin lo- g Bank for property located ?106 K9iest with MSA Professioryj_ eE of Adjustment of 5/22 at 270 West 7th Street. rt of the ac- Services for the Midder ~a Fork Catfi h Library Board of Trustees Update from Meeting of s Creee Upon motion the docu- 3ram associ- ments were received, filed, Bee Branch Hike/Bike Trail Feasibil~to .e May 22, 2008 Proof of ublication of and approved. ation Project. Study for the proposed fon el lt Pavin Pro- I of $55,400. Upon motiop ~n 2008 A h P City Council Proceedings 8 s a P 9 i the docu- ) gram: City Manager rec- ~eceived and the documents were real alt ceived filed d of May 19, 200 Upon motion the docu- i d d , , an an- we ommending award of the volution No. public improvement con- vin the ac- Proved. :l) alr g North Fork Catfi h C ments were rece ve an fil d tract for the 2008 As halt P al estate lo- S s rere- ; a anita and Stormw U ry e . Notice of Claims/Suits: k N ti l A - L ll B S a e. Paving Program to River 106 Kniest Cit Pavin Inc. in the Drainage Improvemens, Y 9. ity of Dubu- Pro ect: Cit 1 y Mana er an a ona s e a a sociation vs. City of Dubu- ,.,,e e, ~~• rn~r.~,. r .,,_ g reint amount of $208,354.63. ed. Upon motion the docu- preservation ommending approval dy ___._ ...___ _..__......, ,...a _ the State Fnvirnnmc..,.. TATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa irporation, publisher of the Telegraph Herald,a newspaper of general circulation tblished in the City of Dubuque, County of Dubuque and State of Iowa; hereby rtify that the attached notice was published in said newspaper on the following June 25, 2008, and for which the charge is $378.40. Subscribed to before i e, a otary Public in and for Dubu ue County, Iowa, this sx day of , 20 ~. v/~`" / Notary Public in and for Dub que County, Iowa. ""~"` ~~ MARY K. WES~•M-ER •~ : Commission Numbor 154885 '°w^ My Comm. Fxo. FEB. 1 _ , 2011 CITY OF DUBUQUE, OWA CITY COUNCIL PROCEEDINGS The Dubuque City Coun- cil met in regular session at 6:30 p.m. on June 16, 2008 in the Historic Feder- al Building. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voetberg, City Manager Van Milligen; City Attorney Lindahl Invocation was provided by Reverend Peter Mar- shall, Dubuque Bible Church. PROCLAMATIONS Apples for Students Months (June and July, 2008) was accepted by Sr. Inez Tunmeyer, St. Mark's Community Center, 1201 Locust Street; Operation We Care Month (July, 2008) was accepted by Jim Wagner, 2425 Divi- sion Street; CPR/AED Awareness Months (June and July, 2008) on behalf of the American Red Cross, Dubuque Chapter; Bruce Wentworth Day (June 12, 2008) was ac- cepted by Bruce Went- worth, 1855 Greyhound Road; Music on the March was accepted by Greg Orwoll, 2260 Foye Street. 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. Connors re- quested (#3) Communica- tion from Jim Giese re- garding Administrative Pol- icy #3.10 be held for sepa- rate discussion. Motion carried 7-0. Minutes and Reports Submitted: City Council of 6/2 as corrected, 6/4 and 6/9; Environmental Stew- ardship Advisory Commis- sion of 5/12 and 6/3; His- toric Preservation Com- mission of 5/15; Housing Code Appeals Board of 4/15; Human Rights Com- mission of 5/12; Long Range Planning Advisory Commission of 5/21; Park and Recreation Commis- sion of 5/13; Zoning Board of Adjustment of 5/22 Library Board of Trustees Update from Meeting of May 22, 2008 Proof of publication of City Council Proceedings of May 19, 2008 Upon motion the docu- ments were received and filed. Notice of Claims/Suits: LaSalle Bank National As- sociation vs. City of Dubu- que, et al; DuTrac Com- munity Credit Union vs. City of Dubuque, et al; Du- buque Bank and Trust Company vs. City of Du- buque et al; Vernon E. Puls for property damage; Alan B. Chidley for vehicle dam- age. Upon motion the documents were received, filed, and referred to the City Attorney. City Attorney advising that the following claim has been referred to Public Entity Risk Services of Io- wa, the agent for the Iowa Communities Assurance Pool: Jonathon and Sarah Ragan. Upon motion the documents were received, filed, and concurred. Citizen Communications: Communication from Kevin and Dianne Koch, 285 South Grandview Ave- nue, in opposition to the proposed alternate -side parking for snow removal. Upon motion the docu- ment was received and filed and referred to the City Manager. Communication from Jim Giese, Jim Giese Commer- cial Roofing Co., Inc. re- garding City Administrative Policy #3.10. Motion by Connors to receive and file the document and refer to the City Manager with di- rection that this issue be brought back to the City Council at a later date as an Action item. Seconded by Lynch. Motion carried 7-0. GASB-45 Audit Propos- als: City Manager recom- mending approval of a contract with Gallagher Benefit Services, Inc. to perform a GASB-45 actua- rial evaluation for the City. Upon motion the docu- ments were received, filed, and approved. Consulting and Actuarial Services Agreement: City Manager recommending approval of an Amendment to the Administrative Serv- ices Agreement with Gallagher Benefit Services for benefit consulting and actuarial services effective July 1, 2008. Upon motion the documents were re- ; Zoning Board nt of 5/22 and of Trustees n Meeting of cation rrom Keisha Wain- wright advising that she will not be applying for re- appointment to the Histor- ic Preservation Commis- sion. Upon motion the document was received and filed. Zoning Advisory Com- mission: Communication from Eugene J. Bird, Jr., submitting his resignation from the Zoning Advisory Commission. Upon motion the document was re- ceived and filed. Multicultural Center Proj- ect: City Manager recom- mending approval of the publication of a Combined Notice of Finding of No Significant Impact on the Environment and Notice of Intent to Request Release of Funds for the Multicultural Center Proj- ect. Upon motion the documents were received and filed and Resolution No. 193-08 Authorizing publication of a Combined Notice of Finding of No Significant Impact on the Environment and Notice of Intent to Request Release of Funds for the Multicultural Center Proj- ect was adopted. 2008 Justice Assistance Grant Application: City Manager recommending approval of the 2008 Jus- tice Assistance Grant ap- plication in the amount of $20,040. Upon motion the documents were received, filed, and approved. able at the City office located in II, 50 W. 13th Dubuque, IA -he regular busi- urs of the City office are from 8 5 p.m. Monday Friday. Amended 32 becomes ef- oon publication. ad officially in the Herald Newspa- 5th day of June, nne F. Schneider, CMC, City Clerk )F DUBUQUE, OWA Y COUNCIL )CEEDINGS )uque City Coun- regular session 1.m. on June 16, re Historic Feder - Tobacco Compliance: -it Mayor Buol, City Manager recommend- Members Braig, ing approval of Acknow- Jones, Lynch, ledgement/Settlement Voetberg, City Agreements for a first to- /an Milligen; City bacco compliance viola- indahl tion for the 16th Street Au- on was provided to Plaza, HyVee, Inc., Oky end Peter Mar- Doky #2, Econo Foods )ubu ue Bible #471, Kwik Stop, and Pla- za 20 BP, a second tobac- co compliance violation for ;s for Students Oky Doky #8 and Casey's June and July, General Store, and a third : accepted by Sr. tobacco compliance viola- Beyer, St. Mark's tion for Hartig Drug Com- t Center, 1201 pany #4. Upon motion the treet; Operation documents were received, r Month (July, filed, and approved. s accepted by 2008 Commercial Equip- ner, 2425 Divi- ment Direct Assistance set; CPR/AED Program (CEDAP) Grant: Months (June City Manager recommend- 2008) on behalf ing approval of the sub- American Red mission of the 2008 Com- buque Chapter; mercial Equipment Direct 'entworth Day Assistance Program 2008) was ac- (CEDAP) grant application Bruce Went - to the Federal Emergency 55 Greyhound Management Agency / ic on the March U.S. Department of Home- cited by Greg land Security Administra- 0 Foye Street. E tion. Upon motion the ENT ITEMS documents were received, Lynch to re - filed, and approved. file the docu- Stipulation of Settlement opt the resolu- - First National Bank: City spose of as in - Attorney submitting a Stip- Seconded by ulation of Settlement of e r Connors re- three tax assessment ap- 3) Commi re- peals of First National Jim Giese re - Bank for property located ninistrative Pol- at 270 West 7th Street. , held for sepa- Upon motion the docu- ssion. Motion ments were received, filed, and approved. 2008 Asphalt Paving Pro - and Reports gram: City Manager rec- City Council of ommending award of the ected, 6/4 and public improvement con- tract for the 2008 Asphalt Paving Program to River City Paving, Inc. in the amount of $208,354.63. Upon motion the docu- ments were received and filed and Resolution No. 194-08 Awarding public mental Stew- isory Commis - and 6/3; His- rvation Com- 5/15; Housing els Board of 1 Rights Com- 5/12; Long ning Advisory improvement contract for of 5/2ma the 2008 Asphalt PavingIlion Coo ; mmissk- Program was adopted. Zoning Advisory Com- mission: Communication from Jeff Stiles, 3108 Cen- tral Avenue, in support of publication of II Proceedings 008 ;ion the docu- received and ment: City Manager rec- Claims/SuitsAs: approval of c City Dubu- the- Final Assessment City DuTrac Com- Schedule for the 2007 litUnion . 2008 snow removal and lit vs. Du - right -of -way obstruction due, et al; Trust c and Ts removal in the amount of Du- $8,125. Upon motion the City of documents were received Vernon AlanPuln and filed and Resolution damage; No. 195-08 Adopting the vehicle dam - final assessment schedule motion the for tie Snow Removal As- sessment - Right -of -Way Obstruction Removal As- sessment Project was adopted. Community Economic Betterment Account Con- tract: City Manager recom- mending approval of the Community Economic Bet- terment Account contract with the Iowa Department of Economic Development for Medline Industries, Inc. Upon motion the docu- ments were received and filed and Resolution No. 196-08 Authorizing a Com- munity Economic Better- ment Account (CEBA) con- tract on behalf of Medline Industries, Inc. was adopt- ed. Dubuque Industrial Cen- ter West - Chavenelle Court 2008 Project: City Manager recommending award of the public im- provement contract for the Dubuque Industrial Center West - Chavenelle Court 2008 Project to Horsfield Construction, Inc. in the amount of $598,247.63. Upon motion the docu- ments were received and filed and Resolution No. 197-08 Awarding public improvement contract for the Dubuaue Industrial Patrick Norton's applica- tion to the Zoning Advisory Commission. Upon motion the document was re- ceived and filed. Snow Removal Assess - /ere received, ferred to the rney advising (lowing claim erred to Public lervices of lo- it for the Iowa Assurance on and Sarah n motion the vere received, icurred. nmunications: ion from Dianne Koch, randview Ave- osition to the alternate -side tow removal. on the docu- received and 'erred to the tion from Jim ese Commer- Co., Inc. re - administrative Motion by cceive and file and refer to ger with di - his issue be to the City later date as Seconded tion carried udit Propos- ager recom- cation from Keisha WaM. E wright advising that sM. c will not be applying for ourda appointment to the Histays ic Preservation Comm twe sion. Upon motion $27.0 document was receive. and filed. t no. Zoning Advisory Coor et T `� j mission:na J. Bid, park �yTATE OF 10 V from Eugene J. Bird, seen a submitting his resignat rent from the Zoning mot/ Cot DUBUQUE COUNTY Commission. Uponn moV or the document was sing ceived and filed. as si Multicultural Center Prours ect: City Manager reco.M. a mending approval of 1M. o publication of a Combirturda Notice of Finding of ays Significant Impact on t twe. Environment and Notice627.0 Intent to Request Relear. of Funds for trestr Multicultural Center Pr for I Suzanne Pike a BillingClerk for Wdd Cicatian Iowa ect. Upon motion floe c > > oowarommunons > Inc., documentsweresolute oft. 1 e corporation, publisher of the Telegraph Herald,a newspaper of general circulation and filed and Resolute E � No. 193-08 Authorizirece published in the Cityof Dubuque, Countyof Dubuqueand Statef Ihereby publication of a Combimally que, of Notice of Finding of bf sL certify that the attached notice was published in said newspaper on the following Significant Impact on thicle Environment and Noticed in dates: June 25, 2008, and for which the charge is $378.40. Intent to Request Relea3ect g of Funds for btice Multicultural Center Pro owl ect was adopted. :hed 2008 Justice Assistanthe Grant Application: Calty Manager recommendisum approval of the 2008 Jii0) a tice Assistance Grant a a si plication in the amount 0.00 $20,040. Upon motion t17. F documents were receive filed, and approved. tatic Tobacco Complianovisic City Manager recommenen ing approval of Acknoe op ledgement/Settlemei le! Agreements for a first tter c bacco compliance violStal tion for the 16th Street Ae ov Subscribed to before to Plaza, HyVee, Inc., Ole: • 01e Doky #2, Econo F000g rt thls / `/'�`7J {SS: #471, Kwik Stop, and Ph pa za 20 BP, a second toba($0.1 co compliance violation 1 me Oky Doky #8 and Casey30) r General Store, and a the. tobacco compliance viobarki tion for Hartig Drug Cor let pany #4. Upon motion t cer documents were receiveut r filed, and approved. of c 2008 Commercial Equi0) r ment Direct Assistane. Program (CEDAP) Grararki City Manager recommen lel ing approval of the su cer mission of the 2008 Corut r mercial Equipment Direour Assistance Progra?. (CEDAP) grant applicatioarki to the Federal Emergen lel Management Agency r fi U.S. Department of Honur, t land Security Administr of t tion. Upon motion t' tim documents were receiveninc filed, and approved. shr Stipulation of Settlemeever - First National Bank: Cr ho Attorney submitting a Ste to ulation of Settlement ites three tax assessment E peals of First Nation pal Bank for property locat v lei at 270 West 7th Strey fl Upon motion the docur, t ments were received, filootal and approved. at a 2008 Asphalt Paving Pi gram: City Manager reg. E ommending award of t Ho public improvement cc9 P tract for the 2008 Asphs Paving Program to Ri�668 City Paving, Inc. in t amount of $208,354.6d' Upon motion the docad ments were received age filed and Resolution Ngs 194-08 Awarding pubat improvement contract he the 2008 Asphalt Pavioy Program was adopted. I. Zoning Advisory Corfi- mission: Communicatics- from Jeff Stiles, 3108 Cer?- tral Avenue, in support se Patrick Norton's applic; a tion to the Zoning Advisou- Commission. Upon moticts the document was row ceived and filed. Snow Removal Assesy ment: City Manager reef ommending approval se the Final Assessmeri- Schedule for the 2007 g. 2008 snow. removal an, right-of-way obstructicer removal in the amount g- $8,125. Upon motion that documents were receives' and filed and Resolutics- No. 195-08 Adopting the final assessment schedust for the Snow Removal Ald sessment - Right-of-W,n- Obstruction Removal Aby sessment Project wile adopted. at Community Econorro- Betterment Account Con- tract: City Manager recoror mending approval of ticil Community Economic Bohe terment Account contrabe with the Iowa Departmed. of Economic Developmeg. for Medline Industries, Ir Upon motion the docfi- ments were received aas- filed and Resolution N13- 196-08 Authorizing a CoDu- munity Economic Bettoes ment Account (CEBA) ccni- tract on behalf of Medlh's CERTIFICATION OF PUBLICATION e ore otary Public in and for Dubuque County, Iowa, day of ter, , 20 j Notary Public in and for DubCque County, Iowa. MARY K. WESTERMEYER Commission Number 154885 My Comm. Fxo, FEB. 1, 2011 by hseverenu r shall, Dubuque Bible Church. PROCLAMATIONS Apples for Students Months (June and July, 2008) was accepted by Sr. Inez Tunmeyer, St. Mark's Community Center, 1-201 Locust Street; Operation We Care Month (July, 2008) was accepted by Jim Wagner, 2425 Divi- sion Street; CPR/AED Awareness Months (June and July, 2008) on behalf of the American Red Cross, Dubuque Chapter; Bruce Wentworth Day (June 12, 2008) was ac- cepted by Bruce Went- worth, 1855 Greyhound Road; Music on the March was accepted by Greg Orwoll, 2260 Foye Street. 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. Connors re- quested (#3) Communica- tion from Jim Giese re- garding Administrative Pol- icy #3.10 be held for sepa- rate discussion. Motion carried 7-0. Minutes and Reports Submitted: City Council of 6/2 as corrected, 6/4 and 6/9; Environmental Stew- ardship Advisory Commis- sion of 5/12 and 6/3; His- toric Preservation Com- mission of 5/15; Housing f Code Appeals 4/15; Human Rights Com- mission of 5/12; Long Range Planning Advisory Commission of 5/21; Park and Recreation Commis- sion of 5/13; Zoning Board of Adjustment of 5/22 Library Board of Trustees Update from Meeting of May 22, 2008 Proof of publication of City Council Proceedings of May 19, 2008 Upon motion the docu- ments were received and filed. Notice of Claims/Suits: LaSalle Bank National As- sociation vs. City of Dubu- que, et al; DuTrac Com- munity Credit Union vs. City of Dubuque, et al; Du- buque Bank and Trust Company vs. City of Du- buque et al; Vernon E. Puls for property damage; Alan B. Chidley for vehicle dam- age. Upon motion the documents were received, filed, and referred to the City Attorney. City Attorney advising that the following claim has been referred to Public Entity Risk Services of Io- wa, the agent for the Iowa Communities Assurance Pool: Jonathon and Sarah Ragan. Upon motion the documents were received, filed, and concurred. Citizen Communications: Communication from Kevin and Dianne Koch, 285 South Grandview Ave- nue, in opposition to the proposed alternate -side parking for snow removal. Upon motion the docu- ment was received and filed and referred to the City Manager. Communication from Jim Giese, Jim Giese Commer- cial Roofing Co., Inc. re- garding City Administrative Policy #3.10. Motion by Connors to receive and file the document and refer to the City Manager with di- rection that this issue be brought back to the City Council at a later date as an Action item. Seconded by Lynch. Motion carried 7-0. GASB-45 Audit Propos- als: City Manager recom- mending approval of a contract with Gallagher Benefit Services, Inc. to perform a GASB-45 actua- rial evaluation for the City. Upon motion the docu- ments were received, filed, and approved. Consulting and Actuarial Services Agreement: City Manager recommending approval of an Amendment to the Administrative Serv- ices Agreement with Gallagher Benefit Services for benefit consulting and actuarial services effective July 1, 2008. Upon motion the documents were re- ceived, filed, and ap- proved. Medical Plan Administra- tion: City Manager recom- mending approval of an amendment to the Admin- istrative Services Agree- ment with Health Choices, Inc., for the purchase of editing software for admin- istration of the City's medi- cal plans. Upon motion the documents were received, filed, and approved. Port of Dubuque Brewery Development, LLC: City Manager . recommending approval of the First Amendment to the Lease Agreement between the City of Dubuque and the Port of Dubuque Brewery Development, LLC. Upon motion the documents were received, filed, and approved. Purchase of Property - 2106 Kniest Street: City Manager recommending approval of the purchase of a residential dwelling lo- cated at 2106 Kniest Street as part of the ac- quisition program associ- ated with the Bee Branch Creek Restoration Project. Upon motion the docu- ments were received and filed and Resolution No. 192-08 Approving the ac- ouisition of real estate lo- ect was adopted. 2008 Justice Assistance )F DUBUQUE, Grant Application: City OWA Manager recommending Y COUNCIL approval of the 2008 Jus- ICEEDINGS tice Assistance Grant ap- buque City Coun- plication in the amount of r regular session $20,040. Upon motion the i.m.on June 16, documents were received, re Historic Feder - filed, and approved. Tobacco Compliance: it Mayor Buol, City Manager recommend- Members Braig, ing approval of Acknow- Jones, Lynch, ledgement/Settlement Voetberg, City Agreements for a first to- /an Milligen; City bacco compliance viola- .indahl tion for the 16th Street Au- Dn was provided to Plaza, HyVee, Inc., Oky end Peter Mar- Doky #2, Econo Foods >ubuque Bible #471, Kwik Stop, and Pla- za 20 BP, a second tobac- ;LAMATIONS co compliance violation for ,s for Students Oky Doky #8 and Casey's June and July, General Store, and a third ; accepted by Sr. tobacco compliance viola- leyer, St. Mark's tion for Hartig Drug Com- ry Center, 1201 pany #4. Upon motion the treet; Operation documents were received, filed, and approved. , Month (July,s accepted by 2008 Commercial Equip- Fier, 2425 Divi- ment Direct Assistance eet• CPR/AED Program (CEDAP) Grant:. Months (June City Manager recommend- 2008) on behalf ing approval of the sub- American Red mission of the 2008 Com- buque Chapter; mercial Equipment Direct 'entworth Day Assistance Program 2008) was ac- (CEDAP) grant application Bruce Went - to the Federal Emergency 55 Greyhound Management Agency / is on the March U.S. Department of Home- oted by Greg land Security Administra- 0 Foye Street. tion. Upon motion the °NT ITEMS documents were received, ,y Lynch to re - filed, and approved. file the docu- Stipulation of Settlement ipt the resolu- - First National Bank: City spore of as in - Attorney submitting a Stip- Seconded by ulation of Settlement of Connors re - three tax assessment ap- 3) Communica- peals of First National Jim Giese re - Bank for property located ninistrative Pol- at 270 West 7th Street. , held for sepa- Upon motion the docu ssion. Motion ments were received, filed, and approved. and Reports 2008 Asphalt Paving Pro- City Council of gram: City Manager rec- ected, 6/4 and ommending award of the nmental Stew - public improvement con- ,isory Commis - tract for the 2008 Asphalt > and 6/3; His - Paving Program to River ,rvation Com- City Paving, Inc. in the 5/15; Housing amount of $208,354.63. ,als Board of Upon motion the docu- 1 Rights Com- ments were received and 5/12; Long filed and Resolution No. ning Advisory 194-08 Awarding public of 5/21; Park improvement contract for ition Commis - the 2008 Asphalt Paving • Zoning Board Program was adopted. nt of 5/22 Zoning Advisory Com- and of Trustees mission: Communication .n Meeting of from Jeff Stiles, 3108 Cen- ,8 tral Avenue, in support of publication of Patrick Norxon's applica- it Proceedings tion to the Zoning Advisory 008 Commission. Upon motion tion the docu- the document was re- received and ceived and filed. Snow Removal Assess- Claims/Suits: ment: City Manager rec- < National As- ommending approval of City of Dubu- the Final Assessment DuTrac Com- Schedule for the 2007 - fit Union vs. 2008 snow removal and que, et al; Du - right -of -way obstruction < and Trust removal in the amount of ,. City of Du- $8,125. Upon motion the /ernon E. Puts documents were received damage; Alan and filed and Resolution r vehicle dam - No. 195-08 Adopting the motion the final assessment schedule vere received, for the Snow Removal As- :ferred to the sessment - Right -of -Way Obstruction Removal As- rney advising sessment Project was ,flowing claim adopted. erred to Public Community Economic Services of lo- Betterment Account Con- it for the Iowa tract: City Manager recom- > Assurance mending approval of the ion and Sarah Community Economic Bet- in motion the terment Account contract were received, with the Iowa Department ncurred. of Economic Development mmunications: for Medline Industries, Inc. ;ion from Upon motion the docu- Dianne Koch, ments were received and randview Ave - filed and Resolution No. osition to the 196-08 Authorizing a Com- alternate -side munity Economic Better- now removal. ment Account (CEBA) con- ion the docu- tract on behalf of Medline received and Industries, Inc. was adopt- ferred to the ed. __ Dubuque Industrial Cen- tion from Jim ter West - Chavenelle iese Commer- Court 2008 Project: City Co., Inc. re - Manager recommending Administrative award of the public im- I Motion by provement contract for the ,ceive and file Dubuque Industrial Center it and refer to West - Chavenelle Court eager with di- 2008 Project to Horsfield this issue be Construction, Inc. in the k to the City amount of $598,247.63. later date as Upon motion the docu- ,m. Seconded ments were received and lotion carried filed and Resolution No. 197-08 Awarding public qudit Propos- improvement contract for nager recom- the Dubuque Industrial rproval of a Center West - Chavenelle th Gallagher Court 2008 Project was ices, Inc. to adopted. 1SB-45 actua- Dubuque County Board 1 for the City. of Health: City Manager n the docu- recommending approval of eceived, filed, a letter of support for the f, Harkin Wellness Grant AP- and Actuarial plication being submitted •eement: City by the Dubuque County acommending Board of Health. Upon mo- n Amendment tion the document was re- istrative Serv- ceived, filed, and ap- ament with proved. nefit Services Specific and Aggregate Dnsulting and Stop Loss Insurance Re- 'ices effective newel: City Manager rec- Upon motion ommending acceptance of its were re - the proposal from Com- i, and ap- panion Life for the City's Specific and Aggregate in Administra- Stop Loss Insurance. ,nager recom- Upon motion the docu- proval of an ments were received, filed, to the Admin- and approved. vices Agree - Middle Fork Catfish ealth Choices, Creek Hike/Bike Trail Fea-, purchase of sibility Study: City Manag-.are for admin- er recommending approval re City's medi- to negotiate a contract ion motion the with MSA Professional mere received, Services for the Middle proved. Fork Catfish Creek,uque Brewery Hike/Bike Trail Feasibility t, LLC: City Study for the proposed fee.ecommending of $55,400. Upon motion, the First the documents were re- to the Lease ceived, filed, and ap- between the proved. uque and the North Fork Catfish Creek uque Brewery Sanitary and Stormwatert. LLC. Upon publication of a Combinurda Notice of Finding of ays e Significant Impact on t twe. Environment and Notice627.0 Intent to Request Relear. of Funds for trestr Multicultural Center Pr for ect. Upon motion the c 1 Suzanne Pike, a Billing Clerk for Woodward Comr and filed documents were receiwt. 1 Significant Impact on tildecorporation, publisher of the Telegraph Herald,a new 1 e and Resolute of y that the attached notice was published in said Notice of Finding of Af sr. certify Environment and Noticed in dates: June 25, 2008, and for which the charge is 37 Intent to Request Relea3ecti of Funds for tDtice Multicultural Center Prr owi ect was adopted. :hed 2008 Justice Assistanthe c Grant Application: Catty Manager recommendisum approval of the 2008 Jr10) a tice Assistance Grant a a si plication in the amount 0.00 $20,040. Upon motion t17. F documents were receive filed, and approved. tatic Tobacco Complianavisk City Manager recommenen ing approval of Acknoe op ledgement/Settlemei lei Agreements for a first tter c bacco compliance violStai tion for the 16th Street Ae w Subscribed to before to Plaza, HyVee, Inc., Ole: Doky #2, Econo Foong n ih1S �j #471, Kwik Stop, and PII pa za 20 BP, a second toba($0.; co compliance violation 1 m< Oky Doky #8 and Case)30) r General Store, and a the. tobacco compliance viobarki tion for Hartig Drug Col lei pany #4. Upon motion t cei documents were receiveut filed, and approved. of c 2008 Commercial Equio) r ment Direct Assistane. Program (CEDAP) Grasarki City Manager recommen let ing approval of the su cer mission of the 2008 Corut r mercial Equipment Direour Assistance Progrea. (CEDAP) grant applicaticarki to the Federal Emergen, let Management Agency r fi U.S. Department of Honur, t land Security Administr of t tion. Upon motion t tim documents were receivenint filed, and approved. shi Stipulation of Settlemeevel - First National Bank: Cr ho Attorney submitting a Sta tc ulation of Settlement Res three tax assessment a peals of First Natios pay Bank for property locatN let at 270 West 7th Strey f Upon motion the docur, t ments were received, filotal and approved. at e 2008 Asphalt Paving Pi gram: City Manager re9. E ommending award of t Ho public improvement ccg P tract for the 2008 Asphs Paving Program to Rh668 City Paving, Inc. in t amount of $208,354.0se Upon motion the docad ments were received age filed and Resolution Ngs 194-08 Awarding pubat improvement contract be the 2008 Asphalt Pavioy Program was adopted. 1. Zoning Advisory Corfi- mission: Communlcatic- from Jeff Stiles, 3108 Cee- tral Avenue, in support ce Patrick Norton's applicia tion to the Zoning Advisou- Commission. Upon motids the document was my ceived and filed. 1e Snow Removal Assessy ment: City Manager resff ommending approval se the Final Assessmeri- Schedule for the 2007 g. 2008 snow. removal an right-of-way obstructicer removal in the amount g- $8,125. Upon motion ttal documents were receives' and filed and Resolutics- No. 195-08 Adopting the final assessment schedust for the Snow Removal Ald sessment - Right -of -Win - Obstruction Removal Poy sessment Project wile adopted. iat Community Econorro- Betterment Account Con- tract: City Manager recoror mending approval of toil Community Economic Bche terment Account contraDe with the Iowa Departmed. of Economic Developmeg. for Medline Industries, Ir Upon motion the docfi- ments were received ass - filed and Resolution Ni3- 196-08 Authorizing a CM- munity Economic Betties ment Account (CEBA) ccni- tract on behalf of Medlh's Industries, Inc. was adoKs- ed. th, Dubuque Industrial Ceol- ter West - Chavenerig. Court 2008 Project: C Manager recommendidi- award of the public i 7, provement contract for t;c- Dubuque Industrial Cen of West - Chavenelle Co to 2008 Project to Horsfic of Construction, Inc. in taf- amount of $598,247.rxe- Upon motion the docle. ments were received airs. filed and Resolution NI 197-08 Awarding pub-e- improvement contract f:u- the Dubuque Industre- Center West - Chaveneed Court 2008 Project wed adopted. ge Dubuque County Boas of Health: City Managat recommending approval De a letter of -support for tby Harkin Wellness Grant Af. plication being submitttal by the Dubuque Counae Board of Health. Upon mg8 tion the document was re- ceived, filed, and ales proved. 32 Specific and Aggrega'ic Stop Loss Insurance Rp- newel: City Manager readf ommending acceptance ,. the proposal from Com- panion Life for the City Specific and Aggrega'_i- Stop Loss lnsurancer 193-08 Authorizirece Upon motion the docto No. published in the City of Dubuque, County of Dubugi. publication of a Combimally day of 77-4A-Wie- otary Public in and for 2( Notary Public in and MARY K. WESTE Commission Numb MY Comm. Exp. FE 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. Connors re- quested (#3) Communica- tion from Jim Giese re- garding Administrative Pol- icy #3.10 be held for sepa- rate discussion. Motion carried 7-0. Minutes and Reports Submitted: City Council of 6/2 as corrected, 6/4 and 6/9; Environmental Stew- ardship Advisory Commis- sion of 5/12 and 6/3; His- toric Preservation Com- mission of 5/15; Housing i of Code -Appeals 4/15; Human Rights Com- mission of 5/12; Long Range Planning Advisory Commission of 5/21; Park and Recreation Commis- sion of 5/13; Zoning Board of Adjustment of 5/22 Library Board of Trustees Update from Meeting of May 22, 2008 Proof of publication of City Council Proceedings of May 19, 2008 Upon motion the docu- ments were received and filed. Notice of Claims/Suits: LaSalle Bank National As- sociation vs. City of Dubu- que, et al; DuTrac Com- munity Credit Union vs. City of Dubuque, et al; Du- buque Bank and Trust Company vs. City of Du- buque et al; Vernon E. Puls for property damage; Alan B. Chidley for vehicle dam- age. Upon motion the documents were received, filed, and referred to the City Attorney. City Attorney advising that the following claim has been referred to Public Entity Risk Services of Io- wa, the agent for the lowa Communities Assurance Pool: Jonathon and Sarah Ragan. Upon motion the documents were received, filed, and concurred. Citizen Communications: Communication from Kevin and Dianne Koch, 285 South Grandview Ave- nue, in opposition to the proposed alternate -side parking for snow removal. Upon motion the docu- ment was received and filed and referred to the City Manager. Communication from Jim Giese, Jim Giese Commer- cial Roofing Co., Inc. re- garding City Administrative Policy #3.10. Motion by Connors to receive and file the document and refer to the City Manager with di- rection that this issue be brought back to the City Council at a later date as an Action item. Seconded by Lynch. Motion carried 7-0. GASB-45 Audit Propos- als: City Manager recom- mending approval of a contract with Gallagher Benefit Services, Inc. to perform a GASB-45 actua- rial evaluation for the City. Upon motion the docu- ments were received, filed, and approved. Consulting and Actuarial Services Agreement City Manager recommending approval of an Amendment to the Administrative Serv- ices Agreement with Gallagher Benefit Services for benefit consulting and actuarial services effective July 1, 2008. Upon motion the documents were re- ceived, filed, and ap- proved. Medical Plan Administra- tion: City Manager recom- mending approval of an amendment to the Admin- istrative Services Agree- ment with Health Choices, Inc., for the purchase of editing software for admin- istration of the City's medi- cal plans. Upon motion the documents were received, filed, and approved. Port of Dubuque Brewery Development, LLC: City Manager . recommending approval of the First Amendment to the Lease Agreement between the City of Dubuque and the Port of Dubuque Brewery Development, LLC. Upon motion the documents were received, filed, and approved. Purchase of Property - 2106 Kniest Street: City Manager recommending approval of the purchase of a residential dwelling lo- cated at 2106 Kniest Street as part of the ac- quisition program associ- ated with the Bee Branch Creek Restoration Project. Upon motion the docu- ments were received and filed and Resolution No. 192-08 Approving the ac- quisition of real estate lo- cated at 2106 Kniest Street in the City of Dubu- que was adopted. Historic Preservation Coimission": Communi- tobacco comprrancc ieyer, St. Mark S tion for Hartig Drug Com- t Center, 1201 pany #4. Upon motion the treet Operation documents were received, , Month (July, filed, and approved. s accepted by 2008 Commercial Equip- Iner, 2425 Divi- ment Direct Assistance eet• CPR/AED Program (CEDAP) Grant: , Months (June City Manager recommend- 2008) on behalf ing approval of the sub American Red mission of the 2008 Com- buque Chapter; mercial Equipment Direct 'entworth Day Assistance Program 2008) was ac- (CEDAP) grant application Bruce Went - to the Federal Emergency 55 Greyhound Management Agency / is on the March U.S. Department of Home- oted by Greg land Security Administra- 0 Foye Street. tion. Upon motion the ENT ITEMS documents were received, ty Lynch to re - filed, and approved. file the docu- Stipulation of Settlement apt the resolu- - First National Bank: City lispose of as in - Attorney submitting a Stip- Seconded by ulation of Settlement of Connors re - three tax assessment ap- 3) Communica- peals of First National Jim Giese re - Bank for property located ninistrative Pol- at 270 West 7th Street. , held for sepa- Upon motion the docu ssion. Motion ments were received, filed, and approved. and Reports 2008 Asphalt Paving Pro- City Council of gram: City Manager rec- ected, 6/4 and ommending award of the nmental Stew - public improvement con risory Commis - tract for the 2008 Asphalt I and 6/3; His - Paving Program to River irvation Com- City Paving, Inc. in the 5/15; Housing amount of $208,354.63. als Board of Upon motion the docu- t Rights Com- ments were received and 5/12; Long filed and Resolution No. ning Advisory 194-08 Awarding public of 5/21; Park improvement contract for tion Commis - the 2008 Asphalt Paving Zoning Board Program was adopted. -it of 5/22 Zoning Advisory Com- 3rd of Trustees mission: Communication n Meeting of from Jeff Stiles, 3108 e - 8 tral Avenue, in supportpublication of Patrick Norton's applica- I Proceedings tion to the Zoning Advisory 008 Commission. Upon motion ion the docu- the document was re- received and ceived and filed. Snow Removal Assess- Claims/Suits: ment: City Manager rec- c National As- ommending approvalofCity of Dubu- the Final Assessment DuTrac Com- Schedule for the 2007 - lit Union vs. 2008 snow removal and lue, et al; Du - right -of -way obstruction c and Trust removal in the amount of City of Du- $8,125. Upon motion the rernon E. Puls documents were received Jamage; Alan and filed and Resolution vehicle dam - No. 195-08 Adopting the motion the final assessment schedule ,ere received, for the Snow Removal As- (erred to the sessment - Right -of -Way Obstruction Removal As- •ney advising sessment Project was lowing claim adopted. it -red to Public Community Economic ervices of lo- Betterment Account Con- t for the Iowa tract: City Manager recom- Assurance mending approval of the on and Sarah Community Economic Bet- n motion the terment Account contract vere received, with the Iowa Department ;cuffed. of Economic Development nmunications: for Medline Industries, Inc. on from Upon motion the docu Dianne Koch, ments were received and andview Ave - filed Resolution rsition to the 196-08 Authorizingand a Com-No. alternate -side munity Economic Better- ow removal. ment Account (CEBA) con- on the docu- tract on behalf of Medline eceived and Industries, Inc. was adopt- erred to the, ed. _.. Dubuque Industrial Cen- tion from Jim ter West - Chavenelle ,se Commer- Court 2008 Project: City Co., Inc. re - Manager recommending cdministrative award of the public im- Motion by provement contract for the ceive and file Dubuque Industrial Center and refer to West - Chavenelle Court ager with di- 2008 Project to Horsfield i issue be Construction, Inc. in the to the City amount of $598,247.63. ater date as Upon motion the docu- n. Seconded ments were received and ition carried filed and Resolution No. 197-08 Awarding public udit Propos- improvement contract for ager recom- the Dubuque Industrial royal of a Center West - Chavenelle r Gallagher Court 2008 Project was ;es, Inc. to adopted. 3B-45 actua- Dubuque County Board for the City. of Health: City Manager the docu- recommending approval of ceived, filed, a letter of support for the Harkin Wellness Grant Ap- .nd Actuarial plication being submitted ement: City by the Dubuque County ;ommending Board of Health. Upon mo- Amendment tion the document was re- trative Serv- ceived, filed, and ap- 'lent with proved. fit Services Specific and Aggregate ;suiting and Stop Loss Insurance Re- :es effective newel: City Manager rec- Ipon motion ommending acceptance of s were re - the proposal from Com- and ap- panion Life for the City's Specific and Aggregate Administra- Stop Loss Insurance. ager recom- Upon motion the docu- •oval of an ments were received, filed, the Admin- and approved. ices Agree - Middle Fork Catfish ilth Choices, Creek Hike/Bike Trail Fea- purchase of sibility Study: City Manag •e for admin- er recommending approval City's medi- to negotiate a contract n motion the with MSA Professional:re received, Services for the Middle med. Fork Catfish • Creekque Brewery Hike/Bike Trail Feasibility LLC: City Study for the proposed fee.',ommending of $55,400. Upon motion the First the documents were re-) the Lease ceived, filed, and ap-etween the proved. we and the North Fork Catfish CreekweBrewery Sanitary and Stormwater LLC. Upon Drainage Improvements documents Project: City Manager rec- filed, and ommending approval of the State Environmental Property - ... „, Street: City Manager recommending approval of the purchase of a residential dwelling lo- cated at 2106 Kniest Street as part of the ac- quisition program associ- ated with the Bee Branch Creek Restoration Project. Upon motion the docu- ments were received and filed and Resolution No. 192-08 Approving the ac- quisition of real estate lo- cated at 2106 Kniest Street in the City of Dubu- que was adopted. Historic Preservation Commission": Communi- placation in the amour l .� $20,040. Upon motion t17. F documents were receive filed, and approved. tatic Tobacco Compliandvisic City Manager recommenen ing approval of Acknot op ledgement/Settlemer lei Agreements for a first tter bacco compliance violStaa Subscribed to before tion for the 16th Street Ae ;A, to Plaza, HyVee, Inc., Ole: .i • Doky #2, Econo Foong n #471, Kwik Stop, and PH pa za 20 BP, a second toba($0.! co compliance violation 1 me Oky Doky #8 and Casey0)r General Store, and a the. tobacco compliance viotarki tion for Hartig Drug Col lea pany #4. Upon motion t cei documents were receiveut filed, and approved. Df c 2008 Commercial Equio) r ment Direct Assistans. Program (CEDAP) Grasarki City Manager recommen lei ing approval of the su cei mission of the 2008 Gout r mercial Equipment Direour Assistance Progre. (CEDAP) grant applicatiaarki to the Federal Emergen lei Management Agency r fi U.S. Department of Honor, t land Security Administr of t tion. Upon motion t tin, documents were receiveriini filed, and approved. she Stipulation of Settiemeevei - First National Bank: Cr ho Attorney submitting a Ste to ulation of Settlement fes three tax assessment e peals of First Nation pa Bank for property Iocatw lei at 270 West 7th Strey f Upon motion the docur, ments were received, Motel and approved. at a 2008 Asphalt Paving Pi gram: City Manager re9. E ommending award of t Ho public improvement cog P tract for the 2008 Asphs Paving Program to Rit668 City Paving, Inc. in t amount of $208,354.61 Upon motion the dood ments were received age filed and Resolution Ngs 194-08 Awarding pubat improvement contract he the 2008 Asphalt Pavioy Program was adopted. i. Zoning Advisory Corfi- mission: Communicatio- from Jeff Stiles, 3108 Cet- tral Avenue, in support ie Patrick Norton's applicia tion to the Zoning Advisou- Commission. Upon motids the document was nw ceived and filed. ie Snow Removal Assessyy ment: City Manager reeff ommending approval se the Final Assessmeri- Schedule for the 2007 g. 2008 snowremoval an right-of-way obstructicer removal in the amount g- $8,125. Upon motion thal documents were receives' and filed and Resolutics- No. 195-08 Adopting the final assessment schedust for the Snow Removal Aid sessment - Right -of -Win - Obstruction Removal Aby sessment Project wile adopted. at Community Econorro- Betterment Account Con- tract: City Manager recoeor mending approval of ticil Community Economic Bete terment Account contraDe with the Iowa Departmed. of Economic Developmeng. for Medline Industries, Ir Upon motion the docfi- ments were received ass - filed and Resolution Nl3- 196-08 Authorizing a CoDu- munity Economic Betttes ment Account (CEBA) ccni- tract on behalf of Medlh's Industries, Inc. was adoks- ed. th, Dubuque Industrial Ceol- ter West - Chaveneig, Court 2008 Project: C Manager recommendidi- award of the public i 7, provement contract for bo- Dubuque Industrial Cen of West - Chavenelle Co to 2008 Project to Horsfi& of Construction, Inc. in taf- amount of $598,247.Ere- Upon motion the docle. ments were received airs. filed and Resolution Ni 197-08 Awarding pub•e- improvement contract f:u- the Dubuque Industre- Center West - Chavenesd Court 2008 Project wed adopted. De Dubuque County Boags of Health: City Managat recommending approval De a letter of support for tf,y Harkin Wellness Grant AD. plication being submittfal by the Dubuque Counge Board of Health. Upon mi)8 tion the document was re- ceived, filed, and aDs proved. 32 Specific and Aggrega'ic Stop Loss Insurance Re- newal: City Manager rend ommending acceptance )f. the proposal from Corb- panion Life for the City Specific and Aggrega_i- Stop Loss Insurancer Upon motion the docito ments were received, fileth and approved. ie Middle Fork Catfise Creek Hike/Bike Trail Fe,to sibility Study: City Manaie. er recommending approvs. to negotiate a contra with MSA Profession* Services for the Midder Fork Catfish Crete Hike/Bike Trail Feasibilito Study for the proposed fon of $55,400. Upon motioP) the documents were real ceived, filed, and an - proved. II). North Fork Catfish Crete - Sanitary and Stormwate. Drainage Improvemens. Project: City Manager rent ommending approval dy the State Environmennln0 - d_6:0 day of otary Public in and for ,2 Notary Public in and MARY K, WESTI Commission Numl My COMM. FxD. FI Information Document that is a prerequisite for the use of State Revolving Loan Funds. Upon motion the documents were received, filed, and approved. Asbury Plaza Area Wastewater Pumping Fa- cilities Project: City Man- ager recommending ap- proval of an agreement with Interstate Power and Light Company whereby Interstate will extend elec- tric distribution facilities to the two pump stations as- sociated with the Asbury Plaza Area Wastewater Pumping Facilities 2007 Project. Upon motion the documents were received, filed, and approved. Business Licenses: City Manager recommending approval of annual liquor license renewals as sub- mitted. Upon motion the documents were received and filed and Resolution No. 198-08 Granting the issuance of 34 cigarette li- cense renewals; Resolu- tion No. 199-08 Granting the issuance of a Class "B" Beer Permit to Colts Community Center; and a Class "C" Beer Permit to Haun's Specialty Meats and Pioneer's Rest Area; and Resolution No. 200-08 Granting the issuance of a Class ' C" Beer/Liquor Li- cense to Diamond Jo Ca- sino, Applebee's Grill, American Legion, Dubu- que Bowling Lanes, Greslanes. Bowling, Five Flags Center, Paul's Tav- ern, Hi Ho Mongolian Grill, and Murphs South End; Special. Class "C" Liquor License to Pizza Hut - 320 East 20th, Pizza Hut - 2075 John F. Kennedy Road, Rotary Club, and Monks Kaffee Pub; Cass "B" Wine Permit to Basket Expressions and Ooh La La; and Class "WBN" (Na- tive Wine) Permit to Dia- mond Jo Casino were adopted. ITEMS TO BE SET FOR PUBLIC HEARING Motion by Lynch to re- ceive and file the docu- ments, 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. Terminal Street Pumping Station Project: City Man- ager recommending initia- tion of the public bidding process for the Terminal Street - Pumping Station Project and that a public hearing be set for July 7, 2008 to consider approval of the plans and specifica- tions, form of contract and estimated cost. Upon mo- tion the documents were received and filed and Resolution No. 201-08 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing and ordering bids for the Terminal Street Pumping Station Project was adopted setting a public hearing for a meet- ing to commence at 6:30 p.m. on August 4, 2008, in the Historic Federal Build - in BOARDS/COMMISSIONS Appointments to the fol- lowing Boards/Commis- sions: 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 va- cant term through July 1, 2012 (Term of Coty, Ca- thedral District). Applicant: Chris Wand, 940 Mt. Pleasant Street (Architect/At-Large re- quirement). Motion by Connors to appoint Chris Wand to the Historic Pres- ervation Commission for a 3-year term through July 1, 2011. Seconded by Voetberg. Motion Carried 7=0. Investment Oversight Ad- visory Commission: One 3- year expiring term through July 1, 2011 (Term of Blocker). Applicant: Virgil Blocker, 1850 Carter Road. Motion by Braig to appoint Virgil Blocker to the Investment Oversight Commission for a 3-year term through July 1, 2011. Seconded by Jones. Mo- tion carried 7-0. 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 (application re- submitted). Upon unani- mous roll call vote, Richard Van Iten and Alan Vincent were appointed to the Long Range Planning Ad- visory Commission for 3- year terms though July 1, 2011. Park and Recreation Ad- visory Commission: Three 3-year expiring terms through June 30, 2011 (Terms of Blocklinger, Day - kin, and Nadeau). loommomPl"1"proval of with Inter sts InterstateoWil tric distrib wfl the uti sociated puml Plaza Area" ?umpina June 30, 2011. Zoning Advisory Com- mission: Three 3-year ex- piring terms through July 1, 2008 (Terms of Christ, Schiltz and Smith); One 3- year vacant term through July 1, 2010 (Term of Bird). Applicants: Martha Christ, 88 Princeton; Thomas Henschel, 995 June Drive; Richard Schiltz, 2381 Car- ter Road; Ron Smith, 1640 Justin Lane; Ferd Nester, 4125 Mt. Alpine Street; Patrick Norton, 2739 Bur- den Avenue (Additional Applicant). Upon roll call vote Martha Christ, Tom Henschel, and Ron Smith were appointed to the Zoning Advisory Commis- sion for 3-year terms through July 1,2011; and Patrick Norton was ap- pointed to a 3-year vacant term through July 1, 2010, PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone to address the City Council. Request to Annex - Prop- erty South of Old Highway Road and West of Railroad Line (Tabled on June 2, 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 Connors to re- ceive and file the docu- ments and conduct a pub- lic hearing. Seconded by Jones. Motion carried 7-0. Toby Kress, 12998 English Mill Road, requested that after the public hearing ac- tion on the annexation be tabled to July 21,2008. He stated that weather has delayed the installation of galvanized culverts that would have to be replaced with more costly concrete culvert required by the City should the installation oc- cur after annexation. Upon discussion it was revealed that the road requiring the culvert was private proper- ty and exempt from the City's culvert require- ments. Jones questioned if a condition could be add- ed to the ordinance that the road Mr. Kress refer- enced remain private. Lynch concurred with the City Manager stating that this could be a problem in the future. Joe Vize, 12055 Cottingham Road stated that he and the neighbors met with Mr. Kress regard- ing their concerns but there is no legal contract to insure Mr. Kress will ful- fill requests. William Chesterman, 12085 Cot- tingham Road, expressed concerns about Mr. Kress not doing the project, sell- ing the land, and the po- tential then for heavy in- dustrial development. Mr. Chesterman reminded the City Council of the County Board of Supervisors and the City's Zoning Advisory Commission's denial of the project. Gary Johnson, 12098 Cottingham Road, expressed concerns about future changes in zoning from Light Industrial to Heavy Industrial, the rail spur, and who will provide police and fire services. Upon questioning, Plan- ning Services Manager Laura Carstens stated that this was similar to "flag pole" annexation. She stated that if approved, it would go before the City Development Board. She was confident the Devel- opment Board would ap- prove the project. Motion by Connors to table a pro- posed resolution approv- ing an application for Vol- untary Annexation of Prop- erty South of Old Highway Road and West of Railroad Line. Seconded by Jones. Motion carried 6-1 with Lynch voting nay. Disposal of City Property West of Shiras Avenue: Proof of publication on no- tice of public hearing to consider a request from Kevin and Paula Wade to purchase a portion of City - owned property adjacent to 2290 Shiras Avenue and City Manager recommend- ing approval. Motion by Connors to receive and file the documents and adopt Resolution No. 202-08 Dis- posing of City interest in Lot 2 of Park View No. 2 in the City of Dubuque, Du- buque County, Iowa. Seconded by Jones. Mo- tion carried 7-0. Locust Street Connector and Central Avenue Traffic Control Camera and Fiber Optic Project: Proof of publication on notice of public hearing to consider approval of the plans and specifications, form of contract and estimated cost for the Locust Street Connector and Central Avenue Traffic Control Camera and Fiber Optic Project and City Manager recommending approval. Motion by Jones to receive Streets and a purchase agreement with Paul M. Fahey for the Bricktown Parking Lot and City Man- ager recommending ap- proval. Motion by Jones to receive and file the docu- ments and adopt Resolu- tion No. 205-08 Approving and authorizing execution of a Loan Agreement be- tween the City of Dubuque and Dubuque Initiatives, in the principal amount of $400,000; and Resolution No. 206-08 Approving an agreement for the pur- chase of real estate in the City of Dubuque, Iowa from • Paul M. Fahey. Seconded by Voetberg. Resnick questioned the potential for soil problems through the IDNR due to the gas station that previ- ously occupied the site. Economic Development Director Dave Heiar stated that he met with Terracon last week and expected minimal problems. Van Milligen responded to a question by Connots stat- ing that Bricktown will pay the City $1,000 per month to guarantee they will have a parking lot. Motion car- ried 7-0. Upon motion the rules were reinstated limiting discussion to the City Council ACTION ITEMS Greater Dubuque Devel- opment Corporation: Rick Dickinson, Executive Di- rector of the Greater Du- buque Development Cor- poration, provided a verbal report on the activities of GDDC. Motion by Lynch to receive and file the report. Seconded by Jones. Mo- tion carried 7-0. Request to Address the City Council - Shirley Schroeder: Request of Shirley Schroeder, 250 West 6th Street, to ad- dress the City Council re- garding the installation of a traffic signal at West 6th Street and Locust Street. Motion by Voetberg to re- ceive and file the docu- ment and refer to the City Manager. Seconded by Connors. Shirley Schroed- er stated that there are problems crossing the street at that intersection and asked that something be done before someone is killed. Voetberg sug- gested moving the light currently at 7th and Locust Streets to the 6th Street intersection. Motion car- ried 7-0 Request to Address the City Council - Kathy Bitter: Communication from Ka- thy Bitter, 1460 Miller Road, requesting that City water be extended to Mill- er Road. Motion by Lynch to receive and file the document and refer to the City Manger and brought back to the City Council. Seconded by Jones. Ms. Bitter stated that her re- quest to have water ex- tended to her home has been denied twice despite being connected to one home in 2004. She also expressed a concern over fire protection since there is only one hydrant. Upon questioning by Council it was determined that hy- drants are generally placed approximately every 500 feet. The area was an- nexed in 1979 and at that time there was no interest in having water extended to the existing homes. Wa- ter Department Manager Bob Green stated that pre- viously there has been no interest on the part of the residents to commit to connecting to the water system if it was extended. He stated that if the neigh- bors presented a petition commiting to connection the extension could be in- cluded in the Capital Im- provement Project budget for Fiscal Year 2010. Mo- tion carried 7-0. Request to Address the City Council - Gerald Hirsch: Request of Gerald Hirsch to address the City Council regarding the de- nial of his claim for proper- ty damage. Motion by Jones to receive and file the document and refer to the City Manager with di- rection that a report be brought back to the City Council at a future meet- ing. Seconded by Connors. Gerald Hirsch, 757 W. 3rd Street, provid- ed a history of the prob- lems with his sewer stating that the installation of a water line under the sewer line by the City caused the problem. Lindahl stated that the City is liable if it had prior knowledge of the problem, and there have been no prior claims at this residence. Motion carried 7-0. Request to Rezone - Property South of Old Highway Road and West of Railroad Line (Third Reading): City Manager submitting a revised ordi- nance to include the con- dition that a minimum of 200 evergreens be planted along the west and south sides of the property as depicted on Exhibit A. r:nmmi,nicatinns from Motion carried 7-0. Motion by Jones to adopt Resolution No. 207-08 Ap- proving an Application for Voluntary Annexation of property south of Old Highway Road and west of Railroad Line. Seconded by Connors. Motion car- ried 6-1 with Resnick vot- ing nay . Raymond Place: Commu- nication from Tom, Mary, Mark and Patricia Schreiber regarding the 440 Raymond Place con- dominium project and vested rights. Motion by Voetberg to receive and file the document. Seconded by Jones. Mo- tion carried 6-1 with Lynch voting nay. Fiscal Year 2009 Property Tax Rate: City Manager advising that the Fiscal Year 2009 property tax rate will be $9.97 per thou- sand dollars of assessed valuation instead of the $10.09 per thousand dol- lars of assessed valuation as originally budgeted. Motion by Voetberg to re- ceive and file the docu- ments. Seconded by Connors. Motion carried 6- 0 (Jones out of room) Development Moratorium for Iowa 32 (Southwest Ar- terial) Corridor:- City Man- ager recommending ap- proval of the extension of the development moratori- um in the Iowa 32 (South- west Arterial) Corridor to July 1, 2010. 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 Lynch. Voetberg questioned what will happen between now and 2010. Van Milligen re- sponded that a firm would be hired to develop the fi- nal plan and to assist with property acquisition in 2008 and that it was antici- pated that the majority of the acquisition would be completed by 2010. Mo- tion carried 7-0. Motion by Connors for fi- nal consideration and pas- sage of Ordinance No. 41- 08' Amending the City of Dubuque Code of Ordi- nances by amending Chapter 11 (Buildings and Building Regulations) Sec- tion 11-58.3, by amending Chapter 42 (Subdivision Regulations) Section 42- 16, and by amending Ap- pendix A (the Zoning Ordi- nance) Section 4-4.2(A) and Section 6-1:5.5, Ex- tending the Development Moratorium for the Iowa 32 (Southwest Arterial) Corri- dor to July 1, 2010. Seconded by Jones. Mo- tion carried 7-0. Bluff Overlay Moratorium: City Manager recommend- ing approval of a revised moratorium for the Pro- posed Bluff Overlay Dis- trict which excludes Priori- ty B bluff overlay areas. 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. Motion carried 7-0. Motion by Connors for fi- nal consideration and pas- sage of Ordinance No. 42- 08 Amending Ordinance No. 37-08 Establishing a moratorium on the issu- ance of building permits for the construction of new principal structures in the Bluff Overlay District by deleting from the Bluff Overlay District those areas designated as Priori- ty B. Seconded by Braig. Motion carried 7-0. Holiday Parking Meter Enforcement: City Manag- er recommending approval of the addition of Veterans' Day, the day after Thanks- giving, December 24th and December 31 st to the list of days when there would be no parking meter en- forcement. Motion by Jones 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 Voetberg. Motion carried 7-0. Motion by Connors for fi- nal consideration and pas- sage of Ordinance No. 43- 08 Amending City of Du- buque Code of Ordinances Section 32-321.1 Defini- tions by adding Veteran's Day, the Day after Thanks- giving, December 24th, and December 31 st as hol- idays. Seconded by Braig. Motion carried 7-0. Chapter 32 - Traffic Ordi- nance (Tabled on April 7, 2008): City Manager rec- ommending approval of proposed changes to Chapter 32 of the Code of Ordinances regarding traf- fic. Motion by Jones to re- move from table. volvement with this issue. Motion carried 7-0. Bee Branch Creek Resto- ration Project: City Manag- er recommending approval of the release of a Request for Proposals to identify a consultant to prepare the final design, prepare construction/bid docu- ments, and perform con- struction observation for the Bee Branch Creek Re- storation Project. Motion by Connors to receive, file and approve. Seconded by Jones. Upon questioning Connors was informed that public input is part of the RFP and will involve neigh- borhood meetings. Motion carried 7-0 Regional Workforce In- vestment Board (RWIB): Communication from Wendy Mihm-Herold, Iowa Workforce Development, requesting that the City submit two nominations for appointment of one representative to the Re- gion 1 Workforce Invest- ment Board. Motion by Connors to receive and file the documents and nomi- nate Dirk Voetberg. Seconded by Braig. Mo- tion carried 7-0. Carter Road - Speed Limit: City Manager rec- ommending that the speed limit on Carter Road be- tween West 32nd Street and Kane Street be in- creased from 25 mph to 35 mph. 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 Braig. Mo- tion carried 7-0. Motion by Connors for fi- nal consideration and pas- sage of Ordinance No. 45- 08 Amending the Code of Ordinances of the City of Dubuque, Iowa by revising Subsection C of Section 32-231 thereof providing for the establishment of speed limits on Carter Road. Seconded by Braig. Motion carried 7-0 PUBLIC INPUT Alan Carew, 181 W. 8th Street, questioned whether 440 Raymond Place would be exempted from the pro- posed Bluffland ordinance. CLOSED SESSION Motion by Jones at 9:20 p.m. to convene in closed session regarding pending litigation and property ac- quisition pursuant to Chapter 21.5(1)(c)(j) 2007 Code of Iowa, and Collec- tive Bargaining Strategy - lowa Code Chapter 20.17(3). Seconded by Braig. Motion carried 7-0. Motion by Jones at 10:27 to reconvene in open ses- sion stating that staff had been given proper direc- tion. Seconded by Braig. Motion carried 7-0. There being no further business, upon motion the City Council adjourned at 10:28 p.m. /s/Jeanne F. Schneider, CMC, City Clerk 1t 6/25 IOWA {SS: COUNTY tTIFICATION OF PUBLICATION Billing Clerk for Woodward Communications, Inc., an Iowa ;her of the Telegraph Herald,a newspaper of general circulation ty of Dubuque, County of Dubuque and State of Iowa; hereby ched notice was published in said newspaper on the following )8, and for which the charge is $378.40. re ' e, a otary Public in and for Dubuque County, Iowa, y of '=- , 20 �� Notary Public in and for Dubuque County, Iowa. MARY K. WESTERMEYER Commission Number 154885 My Comm. F.xp. FEB. 1, 2011 Flags Center, Paul's I av ern, Hi Ho Mongolian Grit, and Murphs South End; Special Class "C" Liquor License to Pizza Hut - 320 East 20th, Pizza Hut - 2075 John KennedY Cl Road, Rotary Cass Monks Kaffee Pub; ^B° Wine Permit to Basket Expressions and Ooh La La; and Class "WBN" (Na- tive Wine) Permit to Dia- mond Jo Casino were adopted. ITEMS TO BE SET FOR PUBLIC HEARING Motion by Lynch to re- ceive and file the docu- ments, 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. Terminal Street Pumping Station Project: City Man- ager recommending initia- tion of the public bidding process for the Terminal Street - Pumping Station Project and that a public hearing be set for Jul7, 2008 to consider approval al of the plans and specifica- tions, form of contract and estimated cost. Upon mo- tion the documents were received and filed and Resolution No. 01 08 Di; preliminary ,approval car plans, specifications, form 201, of contract, and estimated theq, cost, setting date of public Chris hearing and ordering bids leas` for the Terminal Street rchit, Pumping Station Project uirern, was adopted setting a pror; public hearing for a meet- nei to ing to commence at 6:30 ation p.m. on August 4, 2008, in er ter the Historic Federal Build - erg. ` BOARDS/COMMISSIONS Appointments to the fol- tment lowing Boards/Commis- irj sion P nHistoric Preservation ng Commission: Two 3-year 2�7 expiring terms through Ju- Ap si l 1, 2011 (Terms of Wand, t °n8; and o Wa Wainwright, Laengworthy ar va- n f';.' cants ternOthro gne heJuly 1, n for . 2012 (Term of Coty, Ca- h Ju'Y thedral District). Applicant: Y "One Chris Wand, 940 Mt. ..0, O Pleasant Street naon.ih (r m(Architect/At-Large re- quirement). Motion by n9 to Connors to appoint Chris 1, 2, Wand to the Historic Pres- -ger a ervation Commission for a ants: Lc 3-year term through July 1, fan °ltet 2011. Voetberg. SMot oned Carried /Y p DLane 7"0. u Investment Oversight Ad - "on rh, visory Commission: One 3- unane 1 year expiring term through ich- July 1, 2011 (Term of Blocker). Applicant: Blocker, 1850 Carter Road. Motion by Braig to appoint Virgil Blocker to the Investment Oversight Commission for a 3-year term through July 1, 2011. Seconded by Jones. Mo- tion carried 7-0. Long Range Planning Ad- visory Commission: Two 3-year expiring terms through July 1, 2011 (Terms of Krue ger and Lou Oswald). Applicants: Oswald, 1080 Nowata Street; Richard Van Iten, 3273 Bittersweet Lane; Alan Vincent, 10a0D rn Dun- ham Drive (application ore- submitted). Up unani- mous roll call vote, Richard Van Iten and Alan Vincent were appointed to the Long Range Planning Ad- visory Commission year terrMs though July 1, 2011. Park and Recreation Ad- visory Commission: Three terms 3-year expiring through June 30, 2011 (Terms of Blocklinger, Day - kin, and Nadeau). Appli- cants: Mark Noble, 1810 Rosemont Street; Tom Blocklinger, 3177 Erie Court; Evelyn Nadeau, 663 Fenelon Place. Motion by Connors to appoint Noble, Tom Blocklinger, and Evelyn Nadeau to the Park and Recreation Advi- sory Commission for 3- year terms through June 30, 2011. Seconded by Voetberg. Motion carried 7-0. TV Cable Community Teleprogramming Com- mission: Three 3-year ex - pired pired terms through June 30, 2011 (Terms and Maloney, Herrig, Hoverman). Applicants: Pauline Maloney, 506 St. Herrig,George t; George e 2395 West 32nd Street (Additional Appli- cant). Motion by Connors to appoint Pauline Maloney and George Herrig to the TV Cable C o m m u n i Com Teleprogramming Com- mission for 3-year terms through June 30, 2011. Seconded by Braig. Mo- tion carried 7-0. Regulatory Cable Reg ry Commission: Two 3-year expiring terms through June 30, 2011 (Terms of Tigges and Webster). Ap- plicants: Kenneth Miller, 195 Julien Dubuque Drive; Walt Webster, 3509 As- bury Road; Ron Tigges, 4927 Wildflower Drive (Ad- ditional Applicant). Upon roll call vote Walt Webster and Ron Tigges were ap- pointed to the TV Cable Refor 3-year termsthrough Commissionulatory for /1111Ion -- . Kress Industrial Facility. Motion by Connors to re- ceive and file the docu- ments and conduct a pub- lic hearing. Seconded by Jones. Motion carried 7-0. Toby Kress, 12998 English Mill Road, requested that after the public hearing ac- tion on the annexation be tabled to July 21,2008. He stated that weather has delayed the installation of galvanized culverts that would have to be replaced with more costly concrete culvert required by the City should the installation oc- cur after annexation. Upon discussion it was revealed that the road requiring the culvert was private proper- ty and exempt from the City's culvert require- ments. Jones questioned if a condition could be add- ed to the ordinance that the road Mr. Kress refer- enced remain private. Lynch concurredat with that City Managerngt t this could be a problem Cottingham Joein the future. Road stated that he and the neighbors met with Mr. Kress regard- ing their concerns but there is no legal to insure Mr. Krcontract will ful- fill requests. William Chesterman, 12085 Cot- tingham Road, expressed concerns aboutMr. Kress not doing the project, sell- ing the land, and the po- tential then for heavy in- dustrial development. Mr. Chesterman reminded the City Council of the County ervisors and Board City's Zoning ng Advisory Commission's denial of the project. Gary Johnson, 12098 Cottingham Road, expressed concerns a out ing future changes from Light Industrial to Heavy Industrial, the rail spur, and who will provide police and fire services. Upon questioning, Plan- ning Services Manager Lauthat this asa eSs m lar tens n to"flag pole" annexation. She itstated that if approved, would go before the City Development Board. She was confident the Devel- opment Board would ap- prove the project. Motion by Connors to table a pro- posed resolution approv- ing anyapplication for Vol- erntySouth of AnnexaOld Highway Road and West of Railroad Line. Seconded by Jones. Motion carried 6-1 with Lynch voting nay. Disposal of City Property West of Shiras Avenue: Proof of publication on no - to considerce ofp abl ic requestngfrom Kevin and Paula Wade to purchase a portion of City - owned property adjacent to Avenue and CityManageritShires90 recommend- ing approval. Motion by Connors documents' and adopve and file t pt Resolution No. 202-08 Dis- posing of City interest in Lot 2 of Park View No. 2 in the City of Dubuque, Du- buque County, Seconded by Jones. Mo- tion carried 7-0. Locust Street Connector Centraland Avenue Control Cameraand Fiber putic ct Proof of bca ionjeon notice of public hearing to consider approval of the plans and contract specifications, form mated cost for the Locust Street Connector and Central Avenue Traffic Control Camera and Fiber Optic Project and City Manager recommending approval. Motion by Jones to receive and file the documents and adopt Resolution No. 203-08 Approving plans, specifications, form of contract, and estimated cost, setting date of public hearing and ordering bids for the Locust Street Con- nector and Central Avenue Traffic Control Cameraand FiberOp Seconded by Connors. Motion carried 7-0. Sewer Revenue Capital Loan Notes: Proof of publi- cation on notice of public hearing to consider the is- suance of not to exceed $1,141,000 Sewer Loan Notes Reve- nueCapital al (State of Iowa Revolving Fund Loan) for construc- tion of the North Fork Cat- fish Creek Sto mwater and Sanitary Sewer Improve- ments, Phase I Sanitary Sewer Project and City Manager recommending approval. Motion by Jones to receive anfile the documents anadopt Resolution 204-08No. to In- stituting proceedings take additional action for the authorization of a loan and disbursement agree- ment and the issuance1f not to exceed $1,4 0 Sewer Revenue Capital Loan Notes. Seconded by Lynch. Motion carried 7-0. Bricktown Parking Lot: Proof ofopublication heari gno- tconsidericepublic roval of a loan from Dubuque Initiatives in the amount of $400,000 to finance the purchase of the located konwthe southeast n Lot corner of Locust and 3rd poration, p wv report on the activities of GDDC. Motion by Lynch to receive and file the report. Seconded byJones. Mo- tion carried 7-0. Request to Address ssi tthe City Council Request of Schroederey Shirley Schroeder, 250 West 6th Street, to ad- dress the City Council re- garding the installation of a traffic signal at West 6th Street and Locust Street. Motion by Voetberg to re- ceive and file the docu- ment and refer to the City Manager. Seconded by Connors. Shirley Schroed- er t are problems crossing oss ngthe street at that intersection and asked that something be done before someone is killed. Voetberg sug- gested moving the light currently at 7th and Locust Streets to the 6th Street intersection. Motion car- ried 7-0 Request to Address the City Council - Kathy Bitter: Communication from Ka- thy Bitter, 1460 Miter Road, requesting that City water be extended to Mill- er Road. Motion by Lynch to receive and file the document and refer to the City Manger and brought back to the City Council. Seconded by Jones. Ms. Bitter stated that her re- quest to have water ex- tended to her home has been denied twice despite homebeing nnected to one ino 2004. She also expressed a concern over fire protection since there is only one hydrant. Upon questioning by Council it was d ants are egen ally placemined that d approximately every 500 feet. The area was an- nexed in 1979 and at that time there was no interest in having water extended to the existing homes. Wa- ter Department Manager Bob Green stated that pre- viously there has been ef tno interest on the part e residents to commit to connecting to the water system if it was extended. He stated that if the neigh- bors presented a petition commitng to connection the extension could be in - clued tal Im- prov em nttPro ecthe lbudget for Fiscal Year 2010. Mo- tion carried 7-0. Request to Address the City Council - Gerald Hirsch: Request of Gerald Hirsch to address the City Council regarding the de- nial of his claim for proper- ty damage. Motion by Jones to receive and file the document and refer the City Manager with di- rection that a report be brought back to the City Cou ncil Seconded meet- ing. Connors. Gerald Hirsch, 757 W. 3rd Street, provid- ed a history of the prob- lems with his sewer stating that the installation of a water ne under the sewer line bylthe City caused the problem. Lindahl stated that the City is liable if it had prior knowledge of the problem, and there have been no prior ms at this residence. Motion s carried 7-0. Request to Rezone - Property South of Old Highway Road and West of Railroad Lin Reading): City Manager submitting a revised ordi- nance to include the con- dition that a minimum of 200 evergreens be planted along the west o ertou th sides of the p p Y as depicted on Exhibit A. Communications from Rose Marie McClain, MetBev calf, 1569386 McClainLane; McClain Lane; Joe Vize, 12055 Cot- tingham Road; Deb Vize, 12055 Cottingham Road and Gary Johnson,12089 Cottingham Road in oppo- sition to the proposed rezoning. Motion by Connors to re- ceive and file the docu- ments and consider the a fi- nal reading and passage of Ordinance No.8 8 Amending Append4_0A (The Zoning Ordinance) ode the City of Dubuque Code of Ordinances, by reclassi- fying hereinafter described property locatedsouth of Old Highway Road County R-1 Residential District to City AG Agricul- tural District and LI Light Industrial District, concur- rent with annexation. Seconded by Braig. Mo- tion carried 6-1 with Resnick voting nay. Request to Annex - Prop- erty South of Old Highway Road and West of Railroad Line (Tabled following Public Hearing): City Man- ager ap- proval 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 Jones to re- move from the able. Seconded by the requirement trim a N posed ordinance be con- sidered a voted on for passageat twoCouncil meetings prior to the meeting at which it isto be d. Lynch. passed be susp noe Seconded by Voetberg questioned what will happen between now and 2010. Van Milligen re- sponded that a firm would be hired to develop the fi- nal plan and to assist with property acquisition in 2008 and that it was antici- pated that the majority of the acquisition would be completed by 2010. Mo- tion carried 7-0. Motion by Connors for fi- nal consideration and pas- sage of Ordinance No. 41- 08 Amending the City of Dubuque Code opendidg Ori- nances by a Chapter 11 (Buildings and Building Regulations) Sec- tion 11-58.3, by amending Chapter 42 Regulations)S(Subdivision 4 Reg2- 16, and by amending Ap- pendix A (the Zoning Ordi- nance) Section 4-4.2(A) and Section 6-1:5.5, Ex- tending the Development Moratorium for the Iowa 32 (Southwest Arterial) or1. o orri- r to July Seconded by Jones. Mo- tion carried 7-0. Bluff Overlay Moratorium: City Manager recommend- ing approval of a revised posed moratoriumfor (Over Overlay Dis- trict which excludes Priori- ty B bluff overlay areas. 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. Motion carried 7-0. Motion by Connors for fi- nal consideration and pas- sage of Ordinance No. 42- 08 Amending Ordinance No. 37-08 Establishing a moratorium on the issu- ance of building permits for the construction of new principal structures in the Bluff Overlay District by deleting from the Bluff Overlay District those areas designated as Priori- ty B. Seconded by Braig. Motion carried 7-0. Holiday Parking Meter Enforcement City Manag- er recommending approval of the addition of Veterans' Day, the day after Thanks- giving, December 24th and December 31st to the list of days when there would be no parking meter en- forcement. Motion by Jones 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 ended. passed be suspended. Seconded by Voetberg. Motion carried 7-0. Motion by Connors for fi- nal consideration and pas- sage of Ordinance No. 43- 08 Amending City of Du- buque Code of Ordinances Section 32-321.1 Defini- tions by adding Veteran's Day, the Day after Thanks- giving, December 24th, and December 31 st ashol- idays. Seconded by Braig. Motion carried 7-0. Chapter 32 - Traffic Ordi- nance (Tabled on April 7, 2008): City Manager rec- ommending approval of proposed changes to Chapter 32 of the Code of Ordinances regarding ttrafic. Motion by table. re- move from Seconded by Connors. Motion carried 7-0. Motion by Jones to re- ceive and file the docu- ments and that e 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 Lynch. Motion carriedor 7-0. Motion by passagnal e e consideration and p 9 of Ordinance No. 44-08 Du- buque Code of Ordinances by repealing Chapter 32 Motor Vehicles and Traffic and adopting a new Chap- ter 32 Motor Vehicles and Traffic in lieu tereof. Seconded byLynch. Mo- tion carried 770 Outsourcing of Pet Li- cense Sales: City Manager recommending approval negotiate a contract with he PetData outsourcing of pet license sales. Motion by Jones to receive, file and approve. Seconded by Connors. Motion carried 7-0. Carbon Disclosure Manager Proj- ect (CDP): Y recommending that the Citparticipateinnnthe ttoation Carbon Disclosure Project (CDP) through the International Council for Local Environ- mental Initiatives ICLEto ). Motion byLynchr re- ceive, file and approve. . r ov Seconded by Connors thanked Assistant City Manager Cindy Steinhauser for her in- si sidered and voted on Tor passage at two Council meetings prior to the meeting at which it is passed be suspended. Seconded by Braig. Mo- tion carried7-0. Motion by Connors for fi- nal consideration and pas- se 08 Amending the Code of Ordinances of the City of Dubuque, Iowa by revising Subsection C of Section 32-231 thereof providing for the establishment of speed limits on Carter Road. Seconded by Braig. Motionried 7-0 INPUT Alan Carew, 181 W. 8th Street, questioned whether 440 Raymond be exempted from the would pro- posedordinance. CLOSED SESSION Motion by Jones at 9:20 p.m. to convene in closed session regarding pending litigation and property ac- quisition pursuant to Chapter 21.5(1)(c)Q) 2007 Code of Iowa, and Collec- tive Bargaining Strategy - Iowa Code Chapter 20.17(3). Seconded by Braig. Motion carried 7-0. Motion by Jones at 10:27 to reconvene in open ses- sion stating that staff had been given proper direc- tion. Seconded by Braig. Motion carried 7-0. There being motion the o further business, upon City Council adjourned at 10:28 p.m. /s/Jeanne F. Schneider, k CMC, City Clerk 1t 6/25 re y of otary Public in and for Dubuque County, low., U Notary Public in and for Dub que County, Iowa. MARY K. WESTERMEYER Commission Number 154885 My C.nmm. F.xo. FEB. 1, 2011