Loading...
6 2 08 City Council Proceedings Official CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on June 2, 2008, in the His- toric 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 dis- cussing 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 proper- ty damage. Upon motion the documents were received and filed and referred to the City Attor- ney. City Attorney advising that the following claims have been referred to Public Entity Risk Ser- vices of Iowa, the agent for the Iowa Communities Assurance Pool: Marion O’Mara for proper- ty damage; Todd Wessels for property damage; Neil Pitman for property damage; Spring Con- nolly 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 recommend- ing approval of the 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 the 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 ap- proved. Purchase of Service Agreement – Dubuque Area Labor Management Council: City Manager recommending approval of the Fiscal Year 2009 Purchase of Service Agreement with the Du- buque Area Labor Management Council in the amount of $15,968. Upon motion the docu- ments were received, filed, and approved. Purchase of Service Agreement – Dubuque Main Street: City Manager recommending ap- proval of the 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 the Fiscal Year 2009 Purchase of Service Agreement with Every Child Every Prom- ise in the amount of $25,000. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement – Greater Dubuque Development Corporation: City Manag- er recommending approval of the Fiscal Year 2009 Purchase of Service Agreement with the Greater Dubuque Development Corporation in the amount of $270,613. Upon motion the doc- uments were received, filed, and approved. Purchase of Service Agreement – Helping Services of Northeast Iowa, Inc.: City Manager recommending approval of the 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 recom- mending approval of the 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 the 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 the 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 Man- ager recommending approval of the 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 the 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 re- commending approval of the 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 re- ceived, filed, and approved. Purchase of Service Agreement – Substance Abuse Services Center: City Manager recom- mending approval of the 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 the Fiscal Year 2009 Purchase of Service Agreement with the Washington Tool Li- brary in the amount of $15,500. Upon motion the documents were received, filed, and ap- proved. Pennsylvania Avenue Improvements – Traffic Safety Grant: City Manager recommending approval of the submission of a $500,000 grant application for Traffic Safety Improvement Pro- gram 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 Im- provements (IA 32 to Vizaleea Drive) was adopted. RESOLUTION NO. 175-08 RESOLUTION AUTHORIZING THE FILING OF A GRANT APPLICATION FOR TRAFFIC SAFETY IMPROVEMENT FUNDING FOR THE CITY OF DUBUQUE PENNSYLVANIA AVE- NUE IMPROVEMENTS (IA 32 TO VIZALEEA DRIVE) Whereas, the increasing growth of traffic volumes, along with operational and safety con- cerns, at Pennsylvania Avenue from IA 32 (Northwest Arterial) to Vizaleea Drive in the City of Dubuque could be improved by roadway, sidewalk, and traffic signal improvements; and Whereas, the City of Dubuque is seeking the necessary funding for project implementation, and upon completion be responsible for adequately maintaining and operating the project for public use during the project’s useful life. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA, THAT: Section 1. The City submit a grant application to the Traffic Safety Improvement Program to fund the Pennsylvania Avenue improvements from IA 32 (Northwest Arterial) to Vizaleea Drive. Passed, approved and adopted this 2nd day of June, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Local Television Programming: Mayor Buol submitting correspondence to the FCC regard- ing 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 ap- proval 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 Counter- 3 tops project. Upon motion the documents were received and filed and Resolution No. 176-08 th Approving plat of survey of Lot 1 of 4 and Lot 2 of 4, Dubuque Industrial Center West 4 Addi- tion in the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 176-08 RESOLUTION APPROVING PLAT OF SURVEY LOT 1 OF 4 AND LOT 2 OF 4, DUBUQUE TH INDUSTRIAL CENTER WEST 4 ADDITION IN THE CITY OF DUBUQUE, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a Plat th of Survey, Lot 1 of 4 and Lot 2 of 4, Dubuque Industrial Center West 4 Addition in the City of Dubuque, Iowa, dated May 14, 2008 prepared by IIW Engineers and Surveyors, P.C., describ- ing the property to be subdivided, a copy of which [on file in the City Clerk’s Office] (the Plat); and Whereas, the Plat conforms to the laws and statutes pertaining thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. The Plat is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to execute the Plat for and on behalf of the City of Dubuque, Iowa. Section 2. The City Clerk is hereby authorized and directed to file the Plat and a certified copy of this resolution in the office of the Recorder, in and for Dubuque County, Iowa. nd Passed, approved and adopted this 2 day of June 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 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. RESOLUTION NO. 177-08 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE GROVELAND SANITARY SEWER RECONSTRUCTION PROJECT Whereas, sealed proposals have been submitted by contractors for the Groveland Sanitary Sewer Reconstruction Project (the Project) pursuant to Resolution No. 153-08 and Notice to th Bidders published in a newspaper published in the City of Dubuque, Iowa on the 9 day of May, 2008. nd Whereas, said sealed proposals were opened and read on the 22 day of May, 2008 and it has been determined that Arensdorf Excavating & Trucking of Anamosa, Iowa, with a bid in the amount of $53,809.08, is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: That a Public Improvement Contract for the Project is hereby awarded to Arensdorf Exca- vating & Trucking and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. nd Passed, approved and adopted this 2 day of June, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Request for Proposals – Water Meter Review and Testing: City Manager recommending ap- 4 proval of the issuance of a Request for Proposals for the Water Meter Review and Testing pro- gram. 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. Work Session – Bluffland Advisory Committee: City Manager transmitting material from the Bluffland Advisory Committee for the June 9, 2008 work session. Upon motion the documents were received and filed. Asbury Business Plaza – Final Plat: City Manager recommending approval of a 180-day ex- tension 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. RESOLUTION NO. 178-08 RESOLUTION RE-APPROVING THE FINAL PLAT OF ASBURY PLAZA BUSINESS PARK FIRST ADDITION IN THE CITY OF DUBUQUE, IOWA. Whereas, there has been filed with the City Clerk a Final Plat of Asbury Plaza Business Park First Addition; and Whereas, upon said final plat appear streets to be known as Plaza Drive (Lot A), North Pla- za Loop (Lot E), Plaza Court (Lot F) and Plaza Court (Lot G); and Whereas, the conceptual plan/preliminary plat has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said final plat has been reviewed by the City Planner and had her approval en- dorsed thereon, subject to the owners agreeing to the conditions noted in Section 2 and 3 be- low; and Whereas, said final plat has been examined by the City Council and they find that it con- forms to the statutes and ordinances relating to it, except that no streets or public utilities have yet been constructed or installed. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That Resolution No. 571-07 is hereby rescinded. Section 2. That the dedication of Plaza Drive (Lot A), North Plaza Loop (Lot E), Plaza Court (Lot F) and Plaza Court (Lot G), together with the easements for public utilities, sanitary sewer, storm sewer and water mains as they appear upon said final plat, be and the same are hereby accepted; and Section 3. That the Final Plat of Asbury Plaza Business Park First Addition is hereby ap- proved, and the Mayor and City Clerk are hereby authorized and directed to endorse the ap- proval of the City of Dubuque, Iowa upon said Final Plat, provided the owners of said property herein named, execute their written acceptance hereto attached agreeing: (a) To reduce Plaza Drive (Lot A), North Plaza Loop (Lot E), Plaza Court (Lot F), and Plaza Court (Lot G) to grade and to construct concrete curb and gutter and to hard sur- face with asphaltic concrete, or with concrete paving with integral curb, all in accor- dance with the City of Dubuque standard specifications, all in a manner acceptable to the City Engineer, in conformance with construction improvement plans approved by the City Engineer, and inspected by the City Engineer; 5 (b) To install sanitary sewer mains and sewer service laterals into each individual lot, water mains and water service laterals into each individual lot, storm sewers and catch basins, boulevard street lighting and erosion control devices all in accordance with the City of Dubuque standard specifications, all in a manner acceptable to the City Engi- neer, and in accordance with construction improvement plans approved by the City En- gineer, and inspected by the City Engineer; (c) To construct a private storm water detention facility (Lot B) in a manner accepta- ble to the City Engineer, in accordance with the City of Dubuque standard specifications approved by the City Engineer, and inspected by the City Engineer. No building permit shall be issued until the detention basin is functional or with the written consent of the City Engineer; (d) To install sidewalks along all public streets in accordance with the typical cross section and improvement plans approved by the City Engineer; (e) To construct said improvements, prior to two (2) years from the date of accep- tance of this resolution, at the sole expense of the owners, or future owner; (f) To maintain the public improvements, for a period of two (2) years from the date of the acceptance of those improvements by the City of Dubuque, Iowa, at the sole ex- pense of the owners, or future owner; And, further provided that said Motor City LLC; Projects Plus Ltd., as owners of said proper- ty, shall secure the performance of the foregoing conditions provided in this Section by provid- ing guarantees in such form and with such sureties as may be acceptable to the City Manager of the City of Dubuque, Iowa. Section 4. That the final acceptance of all public improvements shall occur upon certification of the City Engineer to the City Council that al public improvements have been completed in accordance with the improvement plans and City standard specifications and accepted by City Council Resolution. Section 5. That in the event Motor City, LLC.; Projects Plus, Ltd. fails to execute the accep- tance and furnish the guarantees provided in Sections 3 and 4 hereof within 180 days after the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedication and approval the plat shall not be effective. nd Passed, approved and adopted this 2 day of June 2008. Roy D. Mayor Attest: Jeanne F. Schneider, City Clerk Amendment to Siegert Farm Lease: City Manager recommending approval of an amend- ment 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. RESOLUTION NO. 179-08 RESOLUTION APPROVING AN AMENDMENT TO THE FARM LEASE BETWEEN THE CITY OF DUBUQUE, IOWA AND WILLIAM AND JANET SIEGERT Whereas, the City of Dubuque, Iowa (City) entered into a Farm Lease with William and Ja- net Siegert (Siegerts) for certain property as described in the Lease; and Whereas, City and Siegerts desire to amend the Lease as set forth in the attached Amend- ment to Farm Lease; and Whereas, it is the determination of this Council that approval of the Amendment to Farm Lease, is in the public interest of the citizens of the City of Dubuque. 6 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the attached Amendment to Farm Lease is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute the Amendment to Farm Lease on behalf of the City and City Clerk is authorized and directed to attest to his sig- nature. Section 3. That the City Manager is authorized to take such actions as are necessary to comply with the terms of the Farm Lease, as amended. nd Passed, approved and adopted this 2 day of June, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk 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 document was 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 document was received and filed. Signed Contracts: City Manager submitting signed contracts for the 2008 Catch Basin Re- construction Project, East Dubuque Excavation Project, Sutton Pool Parking Lot Resurfacing Project and the Hillcrest Family Services Parking Lot Lease Agreement. Upon motion the doc- uments 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. RESOLUTION NO. 180-08 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved: and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: 7 That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS “C” BEER PERMIT McCann’s Service, Inc McCann’s Service Inc. +(Sunday Sale) 690 W. Locust Street nd Passed, approved and adopted this 2 day of June, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 181-08 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State Laws and all City Ordinances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS “C” BEER/LIQUOR LICENSE Plastic Center Inc Fischer Lanes+(Sunday Sale) 880 Locust Street Kalmes Breaktime Bar Kalmes Breaktime Bar(1 Day Outdoor 1097 Jackson Street Sale) SPECIAL CLASS “C” LIQUOR (5 DAY SPECIAL EVENT) Dubuque Jaycees Dubuque Jaycees+(Sunday Sale) McGraw-Hill Parking Lot Dubuque Jaycees Dubuque Jaycees Town Clock Plaza nd Passed, approved and adopted this 2 day of June, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Hodge Transit Warehouse Company Lease Assignment: City Manager recommending ap- proval 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 Compa- Authoriz- ny. Upon motion the documents were received and filed and Resolution No. 182-08 ing 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. RESOLUTION NO. 182-08 RESOLUTION AUTHORIZING THE ASSIGNMENT OF A CERTAIN LEASE BETWEEN THE CITY OF DUBUQUE, IOWA, AND HODGE TRANSIT WAREHOUSE COMPANY FROM US BANK TO DUBUQUE BANK & TRUST COMPANY Whereas, the City of Dubuque, Iowa (City) has leased to Hodge Transit Warehouse Com- pany, an Iowa Corporation (Lessee) certain real property located at 1111 Purina Drive, Dubu- que, Iowa pursuant to a lease dated April 28, 1969. Whereas, Dubuque Bank & Trust Company has agreed to lend Lessee certain sums of money for the purpose of constructing improvements to the leased premises for the benefit of the business to be conducted upon the leased premises; and 8 Whereas, the lease agreements between the City of Dubuque and Hodge Transit Ware- house Company allows an assignment of the lease by the Lessee at its option upon prior writ- ten approval of the City; and Whereas, the City Council of the City of Dubuque, Iowa has determined that it is in the best interest of the City of consent to such assignment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. The Assignment of Real Estate Lease and Agreement attached hereto by Hodge Transit Warehouse Co. from US Bank to Dubuque Bank & Trust Company is hereby approved. Section 2. The Mayor is authorized and directed to sign said Assignment of Real Estate and Agreement on behalf of the City of Dubuque, Iowa. nd Passed, approved and adopted this 2 day of June, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 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 pur- chase a portion of City-owned property adjacent to 2290 Shiras Avenue. Upon motion the doc- uments 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 Feder- al Building. RESOLUTION NO. 183-08 RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN LOT 2 OF PARK VIEW NO. 2 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, Kevin and Paula Wade have requested the purchase of a portion of Lot 1 of Lot 18 of Park View; and Whereas, Buesing & Associates, Inc. has prepared and submitted to the City Council a plat showing the area to be purchased and assigned lot number thereto, which hereinafter shall be known and described as Lot 2 of Park View No. 2 in the City of Dubuque, Dubuque County, Iowa, should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the City of Dubuque intends to dispose of its interest in Lot 2 of Park View No. 2 in the City of Dubuque, Dubuque County, Iowa. Section 2. That the conveyance of Lot 2 of Park View No. 2 in the City of Dubuque, Dubu- que County, Iowa, to Kevin R. and Paula M. Wade be contingent upon the payment of $300.00, plus surveying, platting, recording, publication, and filing fees. Section 3. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to dispose of said real estate to be published in the manner as prescribed by law. nd Passed, approved and adopted this 2 day of June, 2008. Roy D. Buol, Mayor 9 Attest: Jeanne F. Schneider, CMC, City Clerk 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 es- timated 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 Con- trol 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. RESOLUTION NO. 184-08 PRIMARY HIGHWAY IMPROVEMENTS PROJECT NO. 2008-16-019 FINAL TRAFFIC CONTROL SYSTEM IMPROVEMENTS (IOWA DOT PROJECT NO. STP-A-946-0(1)--86-31) PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICA- TIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTI- SEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the Primary Highway Improvements Project No. 2008-16-019, Final Traffic Control System Improvements (Iowa DOT Project No. STP-A-946-0(1)--86-31), in the estimated amount $555,842.00, are he- reby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. th A public hearing will be held on the 16 day of June, 2008, at 6:30 p.m. in the Historic Fed- eral Building Council Chambers at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twen- ty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. The Primary Highway Improvements Project No. 2008-16-019, Final Traffic Control System Improvements (Iowa DOT Project No. STP-A-946-0(1)—86-31) is hereby ordered to be adver- tised for bids for construction. The amount of the security to accompany each bid shall be in an amount which shall con- form to the provisions of the Notice to Bidders hereby approved. The City Clerk is hereby directed to advertise for bids for the construction of the improve- ments herein provided, by publishing the attached Notice to Bidders to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be pub- lished not less than four but not more than forty-five days before the date for filing bids before 10 a.m. Central Time, with opening and reading of bids by the Iowa Department of Transporta- th tion on the 17 day of June, 2008. Bids shall be opened and read by the Iowa Department of th Transportation at said time and will be submitted to the City Council for final action on the 7 day of July, 2008, subject to the approval of the Iowa Department of Transportation, in the His- th toric Federal Building Council Chambers (second floor), 350 West 6 Street, Dubuque, Iowa. 10 nd Passed, adopted and approved this 2 day of June, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 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 Cat- fish 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. RESOLUTION NO. 185-08 RESOLUTION 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 PRO- VIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, it is deemed necessary and advisable that the City of Dubuque, Iowa should provide for the authorization of a Loan and Disbursement Agreement and the issuance of Sewer Revenue Capital Loan Notes, in the amount of not to exceed $1,141,000, as authorized by Sections 384.24A and 384.82, Code of Iowa, as amended, for the purpose of providing funds to pay costs as hereinafter described; and WHEREAS, the City has applied for a loan through the Iowa Water Pollution Control Works Financing Program pursuant to which the Iowa Finance Authority has agreed to purchase the City's Notes and has requested that such Notes be issued as a single Note in a denomination equal to the total amount of the issue as authorized by Chapter 384 of the City Code of Iowa; and WHEREAS, the Loan and Disbursement Agreement and Note shall be payable solely and only out of the net earnings of the Municipal Sewer System and shall be a first lien on the fu- ture net earnings of the Utility; and shall not be general obligations of the City or payable in any manner by taxation and the City shall be in no manner liable by reason of the failure of the net revenues to be sufficient for the payment of the Loan and Disbursement Agreement and Note; and WHEREAS, before a Loan and Disbursement Agreement may be authorized and Sewer Revenue Capital Loan Notes issued to evidence the obligation of the City thereunder, it is ne- cessary to comply with the provisions of the City Code of Iowa, as amended, and to publish a notice of the proposal and of the time and place of the meeting at which the Council proposes to take action for the authorization of the Loan and Disbursement Agreement and Notes and to receive oral and/or written objections from any resident or property owner of the City to such action. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That this Council meet in the Historic Federal Building, 350 West 6th Street, Du- buque, Iowa, at 6:30 o'clock PM., on the 16th day of June, 2008, for the purpose of taking ac- tion on the matter of the authorization of a Loan and Disbursement Agreement and the is- suance of not to exceed $1,141,000 Sewer Revenue Capital Loan Notes to evidence the obli- gations of the City there under, the proceeds of which will be used to provide funds to pay the 11 costs of acquisition, construction, reconstruction, extending, remodeling, improving, repairing and equipping all or part of the Municipal Sewer System, including those costs associated with construction of the North Fork Catfish Creek Stormwater and Sanitary Sewer Improvements, Phase I Sanitary Sewer Project. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a legal newspaper, printed wholly in the English language, pub- lished at least once weekly, and having general circulation in said City, said publication to be not less than four clear days nor more than twenty days before the date of said public meeting on the issuance of the Notes. Section 3. The notice of the proposed action shall be in substantially the [provided] form: Passed and approved this 2nd day of June, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 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. RESOLUTION NO. 186-08 RESOLUTION 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 WHEREAS, it is deemed necessary and advisable that the City of Dubuque, Iowa (the "City"), should provide for the authorization of a Loan Agreement between the City of Dubuque and Dubuque Initiatives (the “Lender”) in the principal amount of $400,000.00 (the "Agree- ment"), as authorized by Sections 384.24A and 384.83, Code of Iowa, as amended, a copy of which is now before this Council and incorporated herein by this reference, for the purpose of acquiring the real property described as Lots 87, 88, and the North 20 feet 3 inches of Lot 86 in the City of Dubuque, Iowa, according to the United States Commissioners’ Map of the Town of Dubuque, Iowa; and WHEREAS, the loan provided for in the Agreement shall be payable solely and only out of the net earnings of the parking enterprise system of the City and shall be a lien on the future net revenues thereof; and WHEREAS, before such an agreement may be authorized, it is necessary to comply with the provisions of the City Code of Iowa, as amended, and to publish a notice of the proposal and of the time and place of the meeting at which the Council proposes to take action for the authorization of the agreement and to receive oral and/or written objections from any resident or property owner of the City to such action; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That this City Council meet in the Historic Federal Building, 350 West 6th Street, th Dubuque, Iowa, at 6:30 o'clock PM., on the 16 day of June, 2008, for the purpose of taking action on the matter of the authorization of the Agreement and the approval of the provisions thereof, in the principal amount of $400,000.00, for the purpose of acquiring the real property described therein. 12 Section 2. That the City Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four clear days nor more than twenty days before the date of said public meet- ing on the authorization of said Agreement. Section 3. The notice of the proposed action shall be in substantially the [provided] form. Passed and approved this 2nd day of June, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the fol- lowing 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). Ap- plicants: 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. Chr- ist, 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 13 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. 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 Ad- visory Commission recommending approval. Communication from the State Historical Society of Iowa regarding the individual designa- tion 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 meet- ing at which it is to be passed be suspended. Seconded by Voetberg. Planning Services Man- ager 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 Sec- tion 25-6.14(2) Establishing an Individually Designated Historic Property at 216 Clarke Drive. Seconded by Voetberg. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 33-08 AN ORDINANCE 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. Whereas, the Historic Preservation Commission, at the request of the property owner, has recommended an amendment to Chapter 25 (Historic Preservation) of the City of Dubuque Code of Ordinances to establish an Individually Designated Historic Property at 216 Clarke Drive as it is consistent with the criteria for said designation; and Whereas, the City of Dubuque may establish individually designated historic properties to al- low for historic preservation funding and design review for exterior alterations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. Section 25-6.14, Individually Designated Historic Properties; of the City of Dubu- que Code of Ordinances is hereby amended by adding the following new subsection: (2) The buildings, structures, objects, sites and property situated onLots 22 & 23 and the N 46 feet of Lot 25 LH Langworthy’s Sub, also known as 216 Clarke Drive. Section 2. This ordinance shall take effect immediately upon publication, as provided by law. nd Passed, approved and adopted this 2 day of June, 2008. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 7 day of June, 2008. /s/Jeanne F. Schneider, CMC, City Clerk 14 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 De- velopment Agreement. Motion carried 7-0. RESOLUTION NO. 187-08 RESOLUTION APPROVING A DEVELOPMENT AGREEMENT PROVIDING FOR THE SALE OF 3.555 ACRES IN THE DUBUQUE INDUSTRIAL CENTER WEST TO MAYLAY HOLD- INGS, LLC Whereas, the City Council, by Resolution No. 168-08, dated May 19, 2008, declared its in- tent to enter into a Development Agreement with Maylay Holdings, LLC and Vanguard Coun- tertops, Inc. for the sale of 3.555 acres in the Dubuque Industrial Center West (the Property); and Whereas, pursuant to published notice, a public hearing was held on the proposed disposi- th tion on June 2, 2008 at 6:30 p.m. in the Historic Federal Building, 350 W. 6 Street, Dubuque, Iowa; and Whereas, it is the determination of the City Council that approval of the Development Agreement for the sale to and development of the Property by Maylay Holdings, LLC and Van- guard Countertops, Inc. according to the terms and conditions set out in the Development Agreement is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the attached Development Agreement by and between the City of Dubuque and Maylay Holdings, LLC and Vanguard Countertops, Inc. for the sale of the Property is he- reby approved. Section 2. That the Mayor is hereby authorized and directed to execute the Development Agreement on behalf of the City and City Clerk is authorized and directed to attest to his signa- ture. Section 3. That the Mayor and City Clerk are hereby authorized and directed to execute and deliver a Special Warranty Deed for the Property as provided in the Development Agreement. Section 4. That the City Manager is authorized to take such actions as are necessary to comply with the terms of the Development Agreement as herein approved. nd Passed, approved and adopted this 2 day of June, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Washington Neighborhood and Salvia House Urban Revitalization Areas: Proof of publica- tion on notice of public hearing to consider an amendment to the Washington Neighborhood Urban Revitalization Area Plan and adoption of the 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 meet- ing 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 15 the Code of Iowa, and Ordinance No. 35-08 Establishing the Salvia House Urban Revitaliza- tion Area as an Urban Revitalization Area pursuant to Chapter 404 of the Code of Iowa. Seconded by Jones. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 34-08 AN ORDINANCE AMENDING THE EXISTING WASHINGTON NEIGHBORHOOD URBAN REVITALIZATION AREA PLAN PURSUANT TO CHAPTER 404 OF THE CODE OF IOWA Whereas, the City Council of the City of Dubuque has previously established the Washing- ton Neighborhood Urban Revitalization Area by Ordinance 4-2007, and Whereas, the City Council finds that the Washington Neighborhood Urban Revitalization Area should be revised and certain properties containing 2160 Elm Street and adjoining vacant properties should be removed from the area; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That Ordinance 4-2007 establishing the Washington Neighborhood Urban Revi- talization Area Plan is hereby amended. Section 2. That the Amended Washington Neighborhood Urban Revitalization Area as here- in described shall hereafter be designated as an urban revitalization area pursuant to Chapter 4004 of the code of Iowa 2005, to wit: nd Beginning at the northeast corner of Kniest Street and 22 Street, continue southeast on th Kniest Street until 20 Street (Garfield Avenue), turn west until Elm Street, turn south on th Elm Street until 11 Street, turn west on 11th Street until Central Avenue, turn north on th Central until 14 Street, at which point turn west and run north behind the properties fac- ndnd ing Central Avenue to 22 Street, then continue east on 22 Street to the starting point, excluding Lot 1 of Lot 2 of Lot 1 of Lot 12 and Lot 2 of Lot 2 of Lot 1 of Lot 12 of Kniest's Subdivision; Lot 1 of Lot 1 of the North 1/3 of Lot 99 of L.H. Langworthy's Addition; Lot 1 of Lot 1 of Elm Street Subdivision; and all of that part of Burton W. Boyes Place No. 3 lying north of the southerly line of Lot 1 of Lot 1 of Elm Street Subdivision extended northeaster- ly across said Burton W. Boyes Place No. 3 to a point of intersection with the southwester- ly line of Lot 5 of Lot 11 of Kniest's Subdivision, and excluding the Manesseh House Urban Revitalization District at 2080 Elm Street, legally described as Lot 1of Lot 2 of Lot 1 of Lot 2 of Lot 2 of Lot 3 of Lot 10 and part of Lot 1 of Lot 1 of Lot 2 of Lot 3 of Lot 10 in Kniest Subdivision, all in the City of Dubuque, Iowa. Section 3. That the Washington Neighborhood Urban Revitalization Area Plan April 2008 Amendment amending Section 2.1 and 5.1 as hereto attached is hereby adopted and ap- proved and the properties within said described area shall be subject to the provisions of said Plan. Section 4. That said Washington Neighborhood Urban Revitalization Area Plan April 2008 Amendment shall hereafter be on file in the City Clerk’s Office, City Hall, Dubuque, Iowa. Section 5. That the City Clerk is hereby authorized and directed to publish this Ordinance on or after July 3, 2008, provided that the City Clerk prior to that date has received no valid pe- tition requesting a second public hearing, and in the event such petition has been received, then this Ordinance shall be null and void. Section 6. That said Washington Neighborhood Urban Revitalization Area Plan April 2008 Amendment shall hereafter be on file in the City Clerk’s Office, City Hall, Dubuque, Iowa. nd Passed, approved and adopted this 2day of June, 2008. /s/Roy D Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk 16 th Published officially in the Telegraph Herald Newspaper the 12 day of July, 2008. /s/Jeanne F. Schneider, CMC, City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 35-08 AN ORDINANCE ESTABLISHING THE SALVIA HOUSE URBAN REVITALIZATION AREA AS AN URBAN REVITALIZATION AREA PURSUANT TO CHAPTER 404 OF THE CODE OF IOWA NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the Salvia House Urban Revitalization Area as herein described shall he- reafter be designated an urban revitalization area pursuant to Chapter 404 of the Code of Iowa 1999, to wit: Lot 1 of Lot 2 of Lot 1 of Lot 12 and Lot 2 of Lot 2 of Lot 1 of Lot 12 of Kniest's Subdivision; Lot 1 of Lot 1 of the North 1/3 of Lot 99 of L.H. Langworthy's Addition; Lot 1 of Lot 1 of Elm Street Subdivision; and all of that part of Burton W. Boyes Place No. 3 lying north of the sou- therly line of Lot 1 of Lot 1 of Elm Street Subdivision extended northeasterly across said Burton W. Boyes Place No. 3 to a point of intersection with the southwesterly line of Lot 5 of Lot 11 of Kniest's Subdivision, all in the City of Dubuque, Iowa. Section 2. That the Salvia House Urban Revitalization Area as hereto attached is hereby adopted and approved and the properties within said described area shall be subject to the provisions of said Plan. Section 3. That said Salvia House Urban Revitalization Area shall hereafter be on file in the City Clerk’s Office, City Hall, Dubuque, Iowa. Section 4. That the City Clerk is hereby authorized and directed to publish this Ordinance on or after July 3, 2008, provided that the City Clerk prior to that date has received no valid peti- tion requesting a second public hearing, and in the event such petition has been received, then this Ordinance shall be null and void. nd Passed, approved and adopted this 2 day of June, 2008. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald Newspaper the12th day of July, 2008. /s/Jeanne F. Schneider, CMC, City Clerk 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 Street and City Manager recommending approval. Communication from Chris Miller regarding the application for Individually Designated His- toric Property at 40-42 Main Street. Motion by Connors to receive and file the documents and that the requirement that a pro- posed 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 carried 7-0. 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. OFFICIAL PUBLICATION ORDINANCE NO. 36-08 17 AN ORDINANCE AMENDING CHAPTER 25 (HISTORIC PRESERVATION) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY ADDING SECTION 25-6.14(3) ESTABLISHING AN INDIVIDUALLY DESIGNATED HISTORIC PROPERTY AT 40 & 42 MAIN STREET. Whereas, the Historic Preservation Commission, at the request of the property owner, has recommended an amendment to Chapter 25 (Historic Preservation) of the City of Dubuque Code of Ordinances to establish an Individually Designated Historic Property at 40 & 42 Main Street as it is consistent with the criteria for said designation; and Whereas, the City of Dubuque may establish individually designated historic properties to al- low for historic preservation funding and design review for exterior alterations. HOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. Section 25-6.14, Individually Designated Historic Properties; of the City of Dubu- que Code of Ordinances is hereby amended by adding the following new subsection: (3) The buildings, structures, objects, sites and property situated onLots 16 and 17 of the West 1/2 of Block 1 of Dubuque Harbor Company Addition to the City of Dubuque, Iowa, also known as 40 & 42 Main Street. Section 2. This ordinance shall take effect immediately upon publication, as provided by law. nd Passed, approved and adopted this 2 day of June, 2008. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 7 day of June, 2008. /s/Jeanne F. Schneider, CMC, City Clerk 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 con- tract, and estimated cost for the 2008 Asphalt Paving Program. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 188-08 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE 2008 ASPHALT PAVING PROGRAM NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the 2008 Asphalt Paving Program, in the estimated amount $224,317.02, are hereby approved. nd Passed, adopted and approved this 2 day of June, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS 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. 18 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 re- zoning. 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 descrip- tion 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 ordin- ance. 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. 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 re- commending 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 pro- posed 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 alloca- tion of Community Partnership Program (cp2) funds. Motion by Connors to receive and file the 19 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. RESOLUTION NO. 189-08 RESOLUTION AUTHORIZING THE AWARD OF COMMUNITY PARTNERSHIP PROGRAM (cp2) FUNDS FOR FISCAL YEAR 2009. Whereas, under the provisions of Title I of the Housing and Community Development Act of 1974, as amended, the City of Dubuque has received Community Development Block Grant (CDBG) funds for the development and maintenance of a viable urban community through the provision of decent housing, a suitable living environment and expanded economic opportuni- ties for its residents, particularly those persons of low and moderate income; and Whereas, the Community Partnership Program (cp2) was developed in the City of Dubuque in response to the national goals and objectives of the CDBG program; and Whereas, guidelines for the implementation of the Community Partnership Program (cp2) were approved and amended by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the City Council hereby awards Community Partnership Program (cp2) mo- nies to the following organizations. The award shall consist of a grant to the organization for the identified project and shall be for the amount noted below: APPLICANT PROJECT RECOMMENDED Project Concern Shelter Plus Care Case Management 10,000 Hillcrest Family Services Projects in Transition from Homelessness (PATH) 13,219 Community Foundation of Greater Dub Dubuque Area Senior Transportation 11,000 Total 34,219 Section 2. That the City Manager be and he is hereby authorized to develop and execute contracts with representatives from the aforementioned organizations in accordance with the program guidelines established for the Community Partnership Program and with the regula- tions of the Community Development Block Grant Program. Section 3. That upon execution of said contracts, the City Manager is hereby authorized and directed to disburse program funds in support of the approved projects and in accordance with the terms and conditions established in said contracts. nd Passed, approved and adopted this 2 day of June 2008. Roy D. Buol, Mayor Attest: Jeanne Schneider City Clerk 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. RESOLUTION NO. 190-08 A RESOLUTION AUTHORIZING THE FILING OF A COMMUNITY ECONOMIC BETTER- MENT ACCOUNT (CEBA) APPLICATION ON BEHALF OF MORRISON BROS. CO. Whereas, Morrison Bros. Co. has proposed the expansion of its operations in Dubuque, Iowa; and 20 Whereas, the City Council of Dubuque, Iowa has considered said proposal and has deter- mined that the proposed project will contribute to the local economy through the creation of 10 new jobs for area residents; and Whereas, the Iowa Department of Economic Development's Community Economic Better- ment Account (CEBA) was designed to assist in the economic development efforts of local ju- risdictions; and Whereas, the City of Dubuque, Iowa is eligible to apply for funding from the CEBA program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the filing of an application for participation in the Community Economic Bet- terment Account program on behalf of Morrison Bros. Co. is hereby approved. Section 2. That the local match of identified in the application consisting of TIF rebates for increased building valuation estimated at $480,000 to the company is hereby approved, sub- ject to the CEBA application approval. Section 3. That the Mayor is hereby authorized to execute and the City Manager is hereby directed to submit said application to the Iowa Department of Economic Development together with such documents as may be required. nd Passed, approved, and adopted this 2 day of June, 2008. Roy D. Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk Consultant Selection for Washington Neighborhood Planning Project: City Manager recom- mending approval of the selection of Teska Associates, Inc., as the consultant for the Washing- ton 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 mul- tiple 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 that CivicPlus would be the project manager. Lynch stated for the record that he has had nothing to do with this project. Motion carried 6-0 with Lynch abstaining. Consultant Selection for Warehouse District Master Plan: City Manager recommending ap- proval 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 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. RESOLUTION NO. 191-08 RESOLUTION AUTHORIZING CONTRACT WITH CUNINGHAM GROUP ARCHITECTURE, P.A. FOR PROVIDING PROFESSIONAL SERVICES FOR THE DUBUQUE WAREHOUSE DISTRICT MASTER PLAN. Whereas, the City Council has requested a Master Plan be developed in accordance with the Warehouse District Revitalization Strategy adopted by Resolution 425-07 on August 6, 2007; and Whereas, a Request for Qualifications was issued, responses have been received and reviewed; and Whereas, the City has received appropriate funds for creating such a Master Plan, 21 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Cuningham Group Architecture, P.A. is hereby awarded a contract to provide professional services for the creation of a Dubuque Warehouse District Master Plan for $149,500. Section 2. The Mayor is hereby authorized to sign a contract and detailed scope of ser- vices with Cuningham Group Architecture, P.A. for the proposed Master Plan work. nd Passed, approved and adopted this 2 day of June, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 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 mora- torium 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 ex- pressing their concerns over an immediate need for a bluffland moratorium. Bluff Overlay District Moratorium: City Manager recommending approval of the establish- ment 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 meet- ing at which it is to be passed be suspended. Seconded by Connors. Motion to suspend car- ried 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 Over- lay 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. OFFICIAL PUBLICATION 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 DIS- TRICT Whereas, the City Council has undertaken a study of regulation of construction on or near bluffs and bluffland property; and 22 Whereas, the City Council finds that it is in the public interest to adopt a moratorium on cer- tain construction on or near bluffs and bluffland property until such time as the City Council’s study is completed. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. The City of Dubuque Code of Ordinances is amended by adding thereto the fol- lowing new section: Sec. 11-58.7. Moratorium on Issuance of a Building Permit for the Construction of New Principal Structures in the Bluff Overlay District: The building official shall not issue a permit for the construction of any new principal structures in the Bluff Overlay District identified on Exhibit A attached hereto from the effec- tive date of this Ordinance to August 5, 2008, except where a vested right to the issuance of such permit accrued prior to the effective date of this Ordinance. Any person, firm or corporation aggrieved or adversely affected by the building official's refusal to issue a permit pursuant to this moratorium shall appeal there from to the City Council within thirty (30) days after the building official’s refusal to issue. The City Council may direct the building official to issue a permit where the City Council finds that the refusal to issue a permit would deprive the owner of the property of a vested right. Section 2. This Ordinance shall take effect upon publication. nd Passed, approved and adopted this 2day of June, 2008. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 20 day of June, 2008. /s/Jeanne F. Schneider, CMC, City Clerk 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 com- plaint 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 Adminis- trative Enforcement; Preliminary Matters. Seconded by Jones. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 38-08 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES SECTION 27-113 TIME LIMITA- TION FOR FILING COMPLAINT Section 1. City of Dubuque Code of Ordinances § 27-113 is amended to read as follows: Sec. 27-113. Time Limitation for Filing Complaint: A claim under this chapter shall not be maintained unless a complaint is filed with the com- mission within three hundred (300) days after the alleged discriminatory or unfair practice oc- curred. Section 2. This Ordinance shall take effect on July 1, 2008. th Passed, approved and adopted the 7day of June, 2008. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk 23 th Published officially in the Telegraph Herald Newspaper the 7 day of June, 2008. /s/Jeanne F. Schneider, CMC, City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 39-08 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES SECTION 27-135 ADMINIS- TRATIVE ENFORCEMENT; PRELIMINARY MATTERS Section 1. City of Dubuque Code of Ordinances § 27-135 is amended to read as follows: Sec. 27-135. Administrative Enforcement; Preliminary Matters: (a) Complaints and Answers: (1) An aggrieved person may, not later than three hundred (300) days after an al- leged discriminatory housing practice has occurred or terminated, file a complaint with the Commission alleging such discriminatory housing practice. The Commission, on the Commission's own initiative, a commissioner, or the City Attorney's Office, may also file such a complaint. . . . (c) Failure to Comply with Conciliation Agreement: Whenever the Commission has probable cause to believe that a respondent has breached a conciliation agreement, the Commission shall refer the matter to the City Attorney's Office with a recommendation that a civil action be filed for the enforcement of such agreement. . . . (e) Prompt judicial action. If the Commission concludes at any time following the fil- ing of a complaint that prompt judicial action is necessary to carry out the purposes of this Article, the Commission may authorize a civil action for appropriate temporary or preliminary relief pending final disposition of the complaint under this section. Upon re- ceipt of such authorization, the City Attorney's Office shall promptly commence and maintain such an action. Any temporary restraining order or other order granting prelim- inary or temporary relief shall be issued in accordance with the Iowa Rules of Civil Pro- cedure. The commencement of a civil action under this subsection does not affect the initiation or continuation of administrative proceedings under this Article. Section 2. This Ordinance shall take effect on July 1, 2008. nd Passed, approved and adopted the 2 day of June, 2008. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 7 day of June, 2008. /s/Jeanne F. Schneider, CMC, City Clerk 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 pro- posed 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. 24 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 25