Loading...
Minutes City Council 6 2 08 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Council met in regular session at 6:30 p.m., on June 2, 2008, in the Historic Federal 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 purpose of discussing such matters which may properly come before the City Council. Invocation was provided by Pastor Jennifer Meyer, Center Grove United Methodist Church. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Voetberg. Motion carried 7-0. Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 4/22 and 5/20; City Council 5/19; Enterprise 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 Ending April 30, 2008 Upon motion the documents were received and filed. Notice of Claims/Suits: Neil and Beth Pitman for property damage; Todd Wessels for property damage. Upon motion the documents were received and filed and referred to the City Attorney. City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Marion O’Mara for property damage; Todd Wessels for property damage; Neil Pitman for property damage; Spring Connolly for personal injury/property damage City Attorney recommending that the claim of Tim Kelly for vehicle damage be referred to Fondell Excavating. Upon motion the documents 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 America’s River Corporation in the amount of $10,000. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement – Dubuque Area Chamber of Commerce Convention and Visitors Bureau: City Manager recommending approval of a Fiscal Year 2009 Purchase of Service Agreement with the Dubuque 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 recommending 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 documents were received, filed, and approved. Purchase of Service Agreement – Dubuque Main Street: City Manager recommending approval of a Fiscal Year 2009 Purchase of Service Agreement 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 Manager recommending approval 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 Dubuque Development Corporation: City Manager recommending approval of a Fiscal Year 2009 Purchase of Service Agreement with the Greater Dubuque Development Corporation in the amount of $270,613. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement – Helping Services of Northeast Iowa, Inc.: City Manager recommending approval of a Fiscal Year 2009 Purchase of Service Agreement with Helping Services of Northeast 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 recommending 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 motion the documents were received, filed, and approved. Purchase of Service Agreement – NICC Northeast Iowa Business Accelerator Business Plan: City Manager recommending approval of a Fiscal Year 2009 Purchase of Service Agreement with Northeast Iowa Community College in the amount of $5,000 for the Business Accelerator Business Plan. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement – Operation: New View Community Action Agency: City Manager recommending approval of a Fiscal Year 2009 Purchase of Service Agreement 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 Concern Foster Grandparent Program: City Manager recommending approval of a Fiscal Year 2009 Purchase of Service Agreement with Project Concern in the amount of $6,113 for the Foster Grandparent Program. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement – Project Concern Information and Referral and Child Care Referral: City Manager recommending 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 received, filed, and approved. Purchase of Service Agreement – Retired and Senior Volunteer Program: City Manager recommending approval of a Fiscal Year 2009 Purchase of Service Agreement with the Retired 2 and Senior Volunteer 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 recommending 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 Purchase of Service Agreement with the Washington Tool Library in the amount of $15,500. Upon motion the documents were received, filed, and approved. Pennsylvania Avenue Improvements – Traffic Safety Grant: City Manager recommending approval of the submission of a $500,000 grant application for Traffic Safety Improvement Program funding for the Pennsylvania Avenue Improvements Project. Upon motion the documents were received and filed and Resolution No. 175-08 Authorizing the filing of a grant application for Traffic Safety Improvement Funding for the City of Dubuque Pennsylvania Avenue Improvements (IA 32 to Vizaleea Drive) was adopted. Local Television Programming: Mayor Buol submitting correspondence to the FCC regarding possible changes in local television programming regulations. Upon motion the documents were received and filed. Community Oriented Policing Secure Our Schools Grant: City Manager recommending approval of the submission of a Fiscal Year 2008 Community Oriented Policing Secure Our Schools Grant for the purpose of obtaining grant funding for school security measures. Upon motion the documents were received, filed, and approved. th Dubuque Industrial Center West 4 Addition: City Manager recommending approval of the subdivision of property at Dubuque Industrial Center West to facilitate 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 th 4 Addition in the City of Dubuque, Iowa, was adopted. Groveland Place Sanitary Sewer Reconstruction Project: City Manager recommending award of the contract for the Groveland Place Sanitary Sewer Reconstruction Project to Arensdorf Excavating & Trucking in the amount of $53,809.08. Upon motion the documents were received and filed and Resolution No. 177-08 Awarding public improvement contract for the Groveland Sanitary Sewer Reconstruction Project was adopted. Request for Proposals – Water Meter Review and Testing: City Manager recommending 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 recommending approval to enter into an Enterprise License Agreement with Environmental Systems Research Institute, Inc. (ESRI), the City’s GIS software provider. Upon motion the documents were received, filed, and approved. 3 Work Session – Bluffland Advisory Committee: City Manager transmitting material from the Bluffland Advisory Committee for the June 9, 2008 worksession. Upon motion the documents were received 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 motion 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 to the farm lease with William and Janet Siegert for the North Siegert Farm. Upon motion the documents were received and filed and Resolution No. 179-08 Approving an amendment to the farm lease between the City of Dubuque and William and Janet Siegert was adopted. Legislative Correspondence: 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 government actions that reduce greenhouse gas emissions. Upon motion the documents were received and filed. Water Pollution Control Plant Facility Plan: City Manager recommending approval for Strand Associates to submit the Water Pollution Control Plant Facility Plan to the Iowa Department of Natural Resources. Upon motion the documents were received, filed, and approved. Government Finance Officers Association: Communication from the Government Finance Officers Association advising that the City’s Annual Financial Report (CAFR) qualifies for a Certificate of Achievement for Excellence in Financial Reporting. Upon motion the documents were received and filed. Signed Contracts: City Manager submitting signed contracts for the 2008 Catch Basin Reconstruction project, East Dubuque Excavation Project, Sutton Pool Parking Lot Resurfacing Project and the Hillcrest Family Services Parking Lot Lease Agreement. Upon motion the documents were received, filed, and approved. Liquor License Transfer: The Rotary Club requesting a transfer of their liquor license to the A.Y. McDonald 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 recommending approval of annual liquor license renewals as submitted. Upon motion the documents were received and filed and Resolution 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 License 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 Warehouse Company Lease Assignment: City Manager recommending approval of the assignment of a real estate lease and agreement between the City of Dubuque and Hodge Transit Warehouse Company from U.S. Bank to Dubuque Bank and Trust Company. Upon motion the documents were received and filed and Resolution No. 182-08 4 Authorizing the assignment of certain leases between the City of Dubuque, Iowa, and Hodge Transit Warehouse Co. from U.S. Bank to Dubuque Bank and Trust Company for security was adopted. ITEMS TO BE SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, adopt the resolutions, set the public hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Connors. Motion carried 7-0. Disposal of City Property West of Shiras Avenue: City Manager recommending 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 documents 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 adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 16, 2008 in the Historic Federal Building. Locust Connector and Central Avenue Traffic Control Camera and Fiber Optic Project: City Manager recommending initiation of the public bidding process for the Locust Connector 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 estimated cost. Upon motion the documents were received and filed and Resolution No. 184- 08 Preliminary 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 Federal Building. Sewer Revenue Capital Loan Notes: City Manager recommending that a public hearing be set for June 16, 2008 to consider the issuance of not to exceed $1,141,000 Sewer Revenue Capital Loan Notes (State of Iowa Revolving Fund Loan) for construction of the North Fork Catfish Creek Stormwater and Sanitary Sewer Improvements, Phase I Sanitary Sewer Project. Upon motion the documents were received and filed and Resolution No. 185-08 Fixing date for a meeting on the authorization of a loan and disbursement agreement and the issuance of not to exceed $1,141,000 Sewer Revenue Capital Loan Notes of Dubuque, Iowa, and providing for publication of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 16, 2008 in the Historic Federal Building. Bricktown Parking Lot: City Manager recommending that a public hearing be set for June 16, 2008 to consider approval of financing to purchase the Bricktown Parking Lot located 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 authorization of a loan agreement between the City of Dubuque and Dubuque Initiatives, and providing for publication of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 16, 2008 in the Historic Federal Building. 5 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 July 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 requirement) Investment Oversight Advisory Commission: One 3-year expiring term through July 1, 2011 (Term of Blocker). Applicant: Virgil Blocker, 1850 Carter Road Long Range Planning Advisory 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 Dunham Drive. Mr. Oswald and Mr. Van Iten both spoke in support of their appointments. Mr. Vincent withdrew his application from consideration. Park and Recreation Advisory Commission: Three 3-year expiring terms through June 30, 2011 (Terms of Blocklinger, Daykin, and Nadeau). Applicants: Mark Noble, 1810 Rosemont; Tom Blocklinger, 3177 Erie Court; Evelyn Nadeau, 663 Fenelon Place. TV Cable Community Teleprogramming Commission: Three 3-year expired 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 July 30, 2011 (Terms of Tigges and Webster). Applicants: Kenneth Miller, 195 Julien Dubuque Drive; Walt Webster, 3509 Asbury Road. Mr. Miller spoke in support of his appointment. Zoning Advisory Commission: Three 3-year expiring 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: Martha 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 support of their appointment. Appointments to the following Boards/Commissions: 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 Applicant); 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). Applicant: Paul Newman, 2317 Queen Street. Motion by Connors to appoint Mr. Newman to the Housing Code Appeals Board for a 3-year term through January 11, 2009. Seconded by Lynch. Motion carried 7-0. 6 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 Designation of 216 Clarke Drive and Long Range Planning Advisory Commission recommending approval. Communication from the State Historical Society of Iowa regarding the individual designation of 216 Clarke Drive. Historic Preservation Commission recommending approval of the application of Charles Walter and Barbara Zoellner for Individual Historic Designation for property located at 216 Clarke Drive. Motion by Braig to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Voetberg. Planning Services 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) Establishing an Individually Designated 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 Approving 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 Development Agreement. Motion carried 7-0. Washington Neighborhood and Salvia House Urban Revitalization Areas: Proof of publication on notice of public hearing to consider an amendment to the Washington Neighborhood Urban Revitalization Area Plan and adoption of Salvia House Urban Revitalization Area Plan and City Manager recommending approval. Long Range Planning Commission submitting correspondence regarding the Salvia House Urban Revitalization Plan. Motion by Braig to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Jones. Michelle Mihalakis, 2454 Jackson Street, spoke in support of the amendment. Braig commended 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 Revitalization 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 publication on notice of public hearing to consider the application for Individual Historic Designation of 40-42 Main 7 Street and City Manager recommending approval. Communication from Chris Miller regarding the application for Individually Designated Historic Property at 40-42 Main Street. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Jones. Chris Miller, 3211 North Cedar Street, spoke in support of the proposed ordinance. Motion by Connors for final consideration and passage 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 Program: 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 to receive and file the documents and adopt Resolution No. 188-08 Approval of plans, specifications, form of contract, and estimated cost for the 2008 Asphalt Paving Program. 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 Convention and Visitor’s Bureau Director Sue Czeshinski presented the Convention and Visitor’s Bureau quarterly report. Motion by Connors to receive and file the documents. Seconded by Voetberg. Motion carried 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 Facility to rezone property south of Old Highway Road from County R-1 Residential District to City AG Agricultural District and LI Light Industrial District, concurrent with annexation, and Zoning Advisory Commission recommending denial. Communication from Greg Adams providing an update regarding the proposed rezoning. Communications from James and Beverly Metcalf, 15693 McClain Lane; Deb Vize, 12055 Cottingham Road; Bill and Linda Chesterman; Gary Johnson, 12089 Cottingham Road; Bill Huerter, 12042 Cottingham Road, and John E. Goodmann in opposition to the proposed rezoning. Motion by Connors to receive and file the documents and consider the second reading of a proposed ordinance amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances, by reclassifying hereinafter described property located south of Old Highway Road from County R-1 Residential District to City AG Agricultural District and LI Light Industrial District, concurrent with annexation with conditions incorporated. Seconded by Jones. Toby Kress, 12998 English Mill Road, stated he would have a site plan and a description 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 adding that it should be in writing. Connors stated she appreciated the factual letters received. Resnick asked Mr. Kress about marketing the property as residential. Mr. Kress stated it is not appropriate residential ground. Lynch stated that the City Council 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. 8 Request to Annex - Property South of Old Highway Road and West of Railroad Line (Tabled on May 19, 2008): City Manager recommending 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 Manager providing information on the Request for Voluntary Annexation by Toby Kress, Kress Industrial Facility Motion by Voetberg to remove from the table. Seconded by Jones. Motion carried 7-0. Motion by Voetberg to retable to June 16, 2008. Seconded by Jones. Motion carried 7-0 Snow Route Parking Restriction System (First Reading on May 19, 2008): City Manager recommending revisions to Dubuque’s snow route parking restriction system as stipulated in Section 32-321.682 of the Code of Ordinances. Communication from Jerry Maro requesting to address the City Council regarding the proposed snow route parking policy. Communication from William 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 Development Advisory Commission’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 Authorizing the award of Community Partnership Program (cp2) Funds for Fiscal Year 2009. Seconded by Voetberg. Motion carried 7-0. Community Economic Betterment Account Application – Morrison Brothers: City Manager recommending approval of a Community Economic Betterment Account (CEBA) application to the Iowa Department of Economic Development 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 behalf of Morrison Bros. Co. Seconded by Connors. Motion carried 7-0. Consultant Selection for 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 approve. Seconded by Voetberg. Motion carried 7-0. Website Redesign Vendor Recommendation: City Manager recommending selection of multiple vendors 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 Information 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 abstaining. Consultant Selection for Warehouse District Master Plan: City Manager recommending approval of a contract with the Cuningham Group Architecture, P.A., to develop the Dubuque Warehouse District Master Plan. Motion by Connors to receive and file the documents and 9 adopt Resolution No. 191-08 Authorizing contract 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 recommending approval of the selection of the Durrant Group to provide Sustainable City Consulting Services. Motion 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 submitting information regarding a proposed condominium project at 440 Raymond 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 complied with all City regulations 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. Council discussion included reiterating 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 proposed Bluff Overlay District through August 1, 2008. Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Connors. Motion to suspend carried 6-1 with Resnick voting nay. Motion by Jones for final consideration and passage of Ordinance No. 37-08 Amending the City of Dubuque Code of Ordinances by adopting a new Section 11-58.7 Moratorium on the issuance of a building permit for the construction of new principal structures in the Bluff Overlay District with a date change to August 5, 2008 and the understanding that 440 Raymond Place is vested and, therefore, exempt from the moratorium. Seconded by Voetberg. Motion carried 6-1 with Resnick voting nay. Human Relations Ordinance: City Manager recommending 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 discriminatory 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 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 final consideration and passage of Ordinance No. 38-08 Amending City of Dubuque Code of Ordinances Section 27-113 Time Limitation for Filing Complaints; and Ordinance No. 39-08 Amending City of Dubuque Code of Ordinances Section 27-135 Administrative Enforcement; Preliminary Matters. Seconded by Jones. Motion carried 7-0. 10 COUNCIL MEMBER REPORTS th Resnick thanked everyone involved with the success of Dubuque’s 175 Anniversary event. Jones expressed the need for a work session on the proposed snow route ordinance. Lynch inquired about the possibility of using a “Reverse 911” 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 Garfield, expressed her opinion about issues that occurred at the All the Way Home Veterans event held several weeks ago. CLOSED SESSION Motion by Jones to convene in closed session at 8:50 p.m. regarding pending 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 reconvene 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 11