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Proof of Publication Council Proceedings 7 7 08CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Coun- cil met in special session at 5 p.m. on July 7, 2008 in the Historic Federal Build- ing to conduct a work ses- sion on 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 special session called for the pur- pose of conducting a work session on the Downtown Parking Needs Assess- ment Study. Parking Supervisor Tim Horsfield and Walker Park- ing Consultants represen- tatives Phil Baron and Ter- ry Hokkola presented a history and draft study of downtown parking needs, which included a project overview, parking needs assessment, alternatives, and a preliminary financial analysis. Short- to mid-term de- mand management strat- egies: Develop and imple- ment marketing program, Saar nniy um wn w uc Nrv- wded by private sector. 2) Zone 2 (5th to 10th Sts., Bluff to Central Streets) - consider public/private partnership: Option 1 - Owner maximizes existing lot; Option 2 -Public/pri- vate partnership to build 300 spaces. Primary initiatives: Re- duce the number of re- served parking spaces, of- fer rideshare benefits to horn raduce demand, im- uoal uolleolunwwo0 :eMOI o ~(lapog IeouolslH ale3S 'pa3dope aaaM 'eM of 'anbngnd to x(310 a43 to :aoueulp~0 to apo0 a43 to q)9-9Z uo13oaS pue (E)(q)b •gZ uolloag :y(l)(q)E-9Z uolloag yl1M aouep~oooe n sa6~eyo ~(laado:d wal -qad pue 6ulppnq pauop •uege pue lueoen luanbup 'aP loelloo of ~l!O ay3 6ul zuoylny 80-60Z 'oN uoll nlosaa pue :loa~ayl aollou lsllgnd of pue ~aanseeal ~luno0 ay3 0l sluaw ssasse ;o alnpayos a41 ~lluao 03 ~hal0 ay3 6ulloa~ lp pue alge~(ed aye sluaw ssasse ay3 uayM awll ~yl 'sluawpelsul pledun e uo lsaaalul ay3 'paplnlp ue sluawssasse yoiyM Flu! sluawllelsul lenuue o ~agwnu ay3 6ul~tlloads a6~eyo ~(iJadoad wal goad pue 6wpllnq pauop CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Coun- cil met in regular session at 6:30 p.m. on July 7, 2008 in the Historic Feder- Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voetberg, City Manager Van Milligen; City Attorney Lindahl Mayor Buol read the call ' and stated this is a regular session called for the pur- pose of discussing such matters which may proper- ly come before the City Council. PROCLAMATIONS Dubuque County Fair Week (July 22 - 27, 2008) accepted by Jamie Blum, 14583 Old Highway Road; United Way Campaign Time (August 13 -October 31, 2008) accepted by Carol Townsend, 215 W. 6th Street. CONSENT ITEMS Motion by Lynch to re- ceive and file the docu- ments, adopt the resolu- tions, and dispose of as in- dicated. Seconded by Voetberg. Louise Kames, ~ n+ UI 17th Street, re- pauMO-~tho aanlnl ayl~7 40l 6uhhed a se uielwew, pl Oll 'luawdolana0 9adoo0 yllM luawaaa6e Ue to lenoadde 6ulpuaw -wooaa aa6eueyy X1310 :Oq~ ;luawdolana4 ~adoo0 „ i •peli; aue panlaoa~ aaaM sluaw N ;Hoop ayl uopow uod~ veld elpaln{ pue Uodaa ;, .veal luawssassy u61s ~aO slgeulelsng s,loallyo ~: -~y to alnlllsul ueolaawy 3y3 6ullllwsueal ~a6e -ueln{ x(310 ;laodaFJ lyOS ~paldope seM E 'oN Mal^ ~laed to ~(an -~nS to leld a43 6ulnoaddy BO-bLZ'oN uo!inlosaa pus call; pue panlaoa~ aaaM >luawnoop a43 uo13ow :od0 .£ -oN nnalA ~laed o l lol to ~lananS to geld >43 10 lenadde 6ulpuaw wooaa uolsslwwo0 tios lnpy 6uluoZ :g •oN Mali {red - ~anmS to leld •pa3dope seM d •oN ~alA shed to ~(an~nS to leld ay3 6ulnoaddy 80-ElZ 'oN uollnlosaa pus pall; pus ~anlaoaa aaaM sluawnoop 3yl uollow uod~ .Z ~oN MaiA ~!aed to ~(ananS to leld t ay3 to lenoadde 6ulpuaw ( wooaa uolsslwwo0 tios + lnpy 6uluoZ :Z •oN Mali rlaed - ~(an~nS to leld { pa3dope seM loafad ~ F Wood. Buol thanked tl- group which offered t -~ .. ..~,...F.,ii nn.,r~., count Clerk: City Manage recommending approval o the creation of a part-timf Confidential Account Clerl II $26,987 ~ for the --B~ III .Branch Creek Restoratic e Project. Upon motion tf document was receive 0 ~ filed and a 31g; pproved. ~~ andoCentralrAvenuenT affi Control Camera and Fibe q, Optic Project: City Manag ~~ er recommending award c I the contract for the Locus 'e Street Connector and Cen e tral Avenue Traffic Contro i( Camera and Fiber Optic y ` Project to Price Industria '~' Electric in the amount of OC? $408,622. Upon motion I+ the documents were re- L i ceived and filed and Reso- 1e'' lution No. 212-OS Award- N ing public improvement N contract for the Locust Street Connector and Cen- ~4r tral Avenue Traffic Control 33~ Camera and Fiber Optic W Project was adopted. ~ Plat of Survey - Park 'u View No. 2: Zoning Advi- s. sory Commission recom- ~II~ mending approval of the Plat of Survey of Park View of " No. 2. Upon motion the ia{ documents were received N' and filed and Resolution - No. 213-OS Approving the ac "Plat of Survey of Park View >B No. 2 was adopted. de Plat of Survey - Park ~C View No. 3: Zoning Advi- sory Commission recom- ^r mending approval of the N Plat of Survey of Lot 1 of 6' Park View No. 3. Upon I motion the documents were received and filed and Resolution No. 214-08 Ae prof I ParkeView No.u3 was adopted. SDAT Report: City Man- ager transmitting the American Institute of Ar- ,. chitect's Sustainable De- i:.sign Assessment Team Report and Media Plan. Upon motion the docu- ments were received and filed. Cooper Development, LLC: City Manager recom- mending approval of an t agreement with Cooper Development, LLC to maintain as a parking lot the future city-owned TATS OF IOWA {SS: DUBUQUE COUNTY CERTLFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: July 16, 2008, and for which the charge is $365.76. ~ ~ 'N.~ , G Subscribed to before rr this ~~ day of otary®Public in and for Dubu e County, Iowa, l/~//L ~ 20 otary Public in and for Dubuque County, Iowa. ""'"` o MARY K. WESTERMEYER ~~: Cammission Numbsr 154885 ,~w, MV C;Omm i=zp, FE6. 1, 2011 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Coun- cil met in special session at 5 p.m. on July 7, 2008 in the Historic Federal Build- ing to conduct a work ses- sion on 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 special session called for the pur- pose of conducting a work session on the Downtown Parking Needs Assess- ment Study. Parking Supervisor Tim Horsfield and Walker Park- ing Consultants represen- tatives Phil Baron and Ter- ry Hokkola presented a history and draft study of downtown parking needs, which included a project overview, parking needs assessment, alternatives, and a preliminary financial analysis. Short- to mid-term de- mand management strat- egies: Develop and imple- ment marketing program, parking availability report, low emissions vehicle and rideshare incentive pro- grams, offer remote shuttle lot program with Transit Division, reduce number of reserved parking permits to 10 percent of total off- street supply, increase number of general permits and oversell by 10 to 20 percent, and improve the City's parking website. Mid- to long-term parking development strategies: 1) Warehouse District - Con- sider public/private part- nership; Phase 1 Surface Lot (minimum net gain of 250 spaces); Phase 2 Ramp (minimum net gain of 500 spaces); Balance of parking deficit to be pro- vided by private sector. 2) Zone 2 (5th to 10th Sts., Bluff to Central Streets) - consider public/private partnership: Option 1 - Owner maximizes existing lot; Option 2 - Public/pri- vate partnership to build 300 spaces. • Primary initiatives: Re- duce the number of re- served parking spaces, of- fer rideshare benefits to help reduce demand, im- plement remote parking and transit alternative, market public parking to downtown organizations and business, maximize on-line capabilities - Park- ing Division Website, sim- plify citation payment process, - go on-line. Ob- jective: To increase utiliza- tion of existing resources. Methodology: Criteria, Weight, and Rank; proxim- ity to demand, probable project cost, site availabili- ty and dimensions, reve- nue potential, proximity to demand (nights/week- ends), traffic impact, mixed -use potential, ade- quacy of option to support future development, eco- nomic development im- pact. Key recommendations for consideration: redistribute reserve and non -reserve permits, maximize oppor- tunities to add on -street parking, implement mar- keting program, implement low -emission and rideshare incentive pro- gram, conduct Level Two Due Diligence of new park- ing development. Council questioned what the next step in the proc- ess would be. Parking Su- pervisor Tim Horsfield stat- ed he and the consultants will incorporate the City Council comments and concerns into the final re- port and schedule a follow-up work session in August. There being no being no further business, upon mo- tion the City Council ad- journed at 6:14 p.m. Jeanne F. Schneider, CMC, City Clerk -It 7/16 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Coun- cil met in regular session at 6:30 p.m. on July 7, 2008 in the Historic Feder- al Building. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voetberg, City Manager Van Milligen; City Attorney Lindahl Mayor Buol read the call and stated this is a regular session called for the pur- pose of discussing such matters which may proper- ly come before the City Council. PROCLAMATIONS Dubuque County Fair Week (July 22 - 27, 2008) accepted by Jamie Blum, 14583 Old Highway Road; United Way Campaign Time (August 13 - October 31, 2008) accepted by Carol Townsend, 215 W. 6th Street. CONSENT ITEMS Motion by Lynch to re- ceive and file the docu- ments, adopt the resolu- tions, and dispose of as in- dicated. Seconded by Voetberg. Louise Kames, 201 W. 17th Street, re- quested (#33) Communi- cation from the Arts and Cultural Affairs Advisory Commission be held for separate discussion. Mo- tion carried 7-0. Minutes and Reports Submitted: Airport Com- mission of 3/25 and 4/28; Arts and Cultural Affairs Advisory Commission of 5/27; Cable TV Teleprogramming Com- mission of 5/6; City Coun- cil of 6/16 and 6/30; Civil Service Commission of 5/16; Environmental Stew- ardship Advisory Commis- sion of 7/1; Housing Com- mission of 4/10; Housing Commission Trust Fund Committee of 4/2; Plumb- ing Board as Amended of 2/28; Zoning Advisory Commission of 6/18 Proofs of publication of City Council Proceedings of June 2, 4, 9 and 16, 2008 Library Board of Trustees Update from Meeting of June 24, 2008 Upon motion the docu- ments were received and filed. Notice of Claims/Suits: Laddie and Carol Sula for vehicle damage; Justin Ramos for vehicle dam- age; Adolph Dominick Petrillo III for vehicle dam- age; Jim Huff for vehicle 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 Pub- lic Entity Risk Services of Iowa, the agent for the Io- wa Communities Assur- ance Pool: Adolph Petrillo for vehicle damage; Ver- non E. Puls for property damage. Upon motion the documents were received, filed, and concurred. Livability Awards Pro- gram: Communication from Senator Tom Harkin congratulating the City on the first place honors in the 2008 City Livability Awards Program. Upon motion the document was received and filed. Board and Commission Resignations: Merle J. Duehr submitting his resig- nation from the Civil Serv- ice Commission effective June 30, 2008. Angela Mozena submit- is ting her resignation from the Housing Commission r effective August 17, 2008. Upon motion the docu- ments were received and 't filed and the resignations f accepted. Project Management - Part -Time Confidential Ac- n n h h s 0 s n e d rt d 3. ,k d e ie :s t. 0 lit f- d r. 0 ill d 3. i :O. >- rs 3, at li- loI • n_ ; 5'' 71 hl i ry ry' t; t r- 0; n:'• er F. 0; 0; - tet ur 0; n: ; r ✓ in at J- :r, J- Ir. Ir. • . ti- 4, ✓ 8, i .. us. to ri- >s _ to in the deal e.g Grar Wood. Buol thanked th group which offered t e. �u _neot;a count Clerk: City Manage recommending approval o the creation of a part -tin Confidential Account Clerl position (30 hours a week to assist the Project Man ager in the Engineerinc Department. Upon motior the documents were re ceived, filed, and ap proved. Civil Service Commis sion: Civil Service Com mission submitting the certified lists for the posi tions of Police Officer, In formation Technotogi Specialist and Assistan Gardener. Upon motior the documents were re. ceived and filed and made a Matter of Record. Citizen Communication Communication frorr Paula Gieseman regardinc her appointment to the Civil Service Commission Upon motion the docu- ment was received anc filed. Letter of Support: City Manager recommendinc approval of a Letter o1 Support for the U.S. Coast Guard's wharf replace- ment project in the Ice Harbor at the Port of Du- buque. Upon motion the documents were received, filed, and approved. Workers' Compensation Excess Insurance: City Manager recommending approval of the renewal rate submitted by Safety National for the excess workers' compensation in- surance effective July 1, 2008 through June 30, 2009. Upon motion the documents were received, filed, and approved. Vacant and Abandoned Building and Problem Property Assessments: City Manager recommend- ing approval of vacant and abandoned building and problem property assess- ments. Upon motion the documents were received and filed and Resolution No. 208-08 Adopting the schedule of assessments forthe vacant and aban- doned building and prob- lem property charges specifying the number of annual installments into which assessments are divided, the interest on all unpaid installments, the time when the assess- ments are payable and di- recting the Clerk to certify the schedule of assess- ments to the County Treasurer and to publish notice thereof; and Resolu- tion No. 209-08 Authoriz- ing the City to collect de- linquent vacant and aban- doned building and prob- lem property charges in accordance with Section 26-3(b)(1)h; Section 26- 4(b)(3) and Section 26-6(b) of the Code of Ordinances of the City of Dubuque, Io- wa, were adopted. State Historical Society of Iowa: Communication from the State Historical Society of Iowa advising that the Dubuque Millworking His- toric District will be con- sidered by the State Na- tional Register Nomina- tions Review Committee for nomination to the Na- tional Register of Historic Places on August 22, 2008. Upon motion the document was received and filed. Ice Harbor Transient Boat Dock Project: City Manag- er recommending accept- ance of the Ice Harbor Transient Boat Dock Proj- ect as completed by Newt Marine in the final contract amount of $520,546.71. Upon motion the docu- ments were received and filed and Resolution No. 210-08 Accepting the Port of Dubuque - Ice Harbor Transient Boat Dock Facili- ty Project and authorizing the payment of the con- tract amount to the con- tractor was adopted. Downtown Streetlight and Traffic Signalization Pole Painting Project: City Manager recommending acceptance of the Down- town Streetlight and Traffic Signalization Pole Painting Project as completed by Alan Jackson Tuckpoint- ing, Inc. in the amount of $66,541.90. Upon motion the documents were re- ceived and filed and Reso- lution No. 211-08 Accept- ing the Downtown Street- light and Traffic Signali- zation Pole Painting Proj- v F STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: July 16, 2008, and for which the charge is $365.76. J / Subscribed to before m , otary Public in and for Dubue County, Iowa, -i this ` day of �\ , 20 D(. otary Public in and for Dubuque County, Iowa. MARY K. WESTERMEYER Commission Numbsr 154885 My Comm. FxD, FEB, 1, 2011 count Clerk: City Manager recommending approval of the creation of a part-time Confidential Account Clerk position (30 hours a week) to assist the Project Man- ager in the Engineering Department. Upon motion the documents were re- ceived, filed, and ap- proved. Civil Service Commis- sion: Civil Service Com- mission submitting the certified lists for the posi- tions of Police Officer, In- formation Technology Specialist and Assistant Gardener. Upon motion the documents were re- ceived and filed and made a Matter of Record. Citizen Communication: Communication from Paula Gieseman regarding her appointment to the Civil Service Commission. Upon motion the docu- ment was received and filed. Letter of Support: City Manager recommending approval of a Letter of Support for the U.S. Coast Guard's wharf replace- • ment project in the Ice Harbor at the Port of Du- buque. Upon motion the documents were received, filed, and approved. Workers' Compensation Excess Insurance: City Manager recommending approval of the renewal rate submitted by Safety National for the excess workers' compensation in- surance effective July 1, 2008 through June 30, 2009. Upon motion the documents were received, filed, and approved. Vacant and Abandoned Building and Problem Property Assessments: City Manager recommend- ing approval of vacant and abandoned building and problem property assess- ments. Upon motion the documents were received and filed and Resolution No. 208-08 Adopting the schedule of assessments for the vacant and aban- doned building and prob- lem property charges specifying the number of annual installments into which assessments are divided, the interest on all unpaid installments, the time when the assess- ments are payable and di- recting the Clerk to certify the schedule of assess- ments to the County Treasurer and to publish notice thereof; and Resolu- tion No. 209-08 Authoriz- ing the City to collect de- linquent vacant and aban- doned building and prob- lem property charges in accordance with Section 26-3(b)(1)h; Section 26- 4(b)(3) and Section 26-6(b) of the Code of Ordinances of the City of Dubuque, Io- wa, were adopted. State Historical Society of Iowa: Communication from the State Historical Society of Iowa advising that the Dubuque Millworking His- toric District will be con- sidered by the State Na- tional Register Nomina- tions Review Committee for nomination to the Na- tional Register of Historic Places on August 22, 2008. Upon motion the document was received and filed. Ice Harbor Transient Boat in the deal e.g Grant 1 fishing an Individually Des- Cit t ddt' j eur F Wood. Buol thanked the , .ol e q group which offered to la L fund the shortfall. Motion parking lot at the corner of carried 7-0. 3rd Street and Locust Fremont Heights Deten- Street. Upon motion the tion Basin: City Manager documents were received submitting information in and filed and Resolution response to a complaint No. 215-08 Approving an about the Fremont Heights agreement with Cooper Detention Basin. Upon Development Company, motion the documents LLC in regard to the park- were received and filed. ing lot located at the Liquor License Transfers: southeast corner of 3rd The Rotary Club request - Street and Locust Street ing a transfer of their liquor was adopted. license to the Alliant Out - Downtown Rehabilitation door Amphitheater at the Loan and Facade Grant: Star Brewery Company on City Manager recommend- July 26 and August 23, ing approval of a $10,000 2008. Upon motion the Facade Grant and a documents were received, $300,000 Downtown Re- filed, and approved. habilitation Loan to sup- Liquor License Applica- port the rehabilitation of tions: City Manager rec- property at 1005 Main ommending approval of Street. Upon motion the annual liquor license re - documents were received newals as submitted. and filed and Resolution Upon motion the docu- No. 216-08 Authorizing a ments were received and Letter of Commitment and filed and Resolution No. additional actions con- 218-08 Granting the issu- cerning a Downtown Re- ance of one new permit to habilitation Loan and sell cigarettes and ciga- Facade Grant for property rette papers to Pioneer's located at 1005 Main Rest Area; Resolution No. Street was adopted. 219-08 Granting the issu- Fiscal Year 2009 Arts and ance of 28 renewal permits Culture Funding Program: to sell cigarettes and ciga- Arts and Culture Affairs rette papers; Resolution Advisory Commission rec- No. 220-08 Granting the ommending approval of issuance of a Class "B" twelve Fiscal Year 2009 Beer Permit (5-Day Special Arts and Culture Operating Event) to Dubuque Jay - Support funding requests cees; and a Class "C" and authorization for the Beer Permit to Cedar City Manager to sign the Cross Amoco and Oky funding agreements. Upon Doky #6; and Resolution motion the documents No. 221-08 Granting the were received, filed, and issuance of a Class "C" approved. Beer/Liquor License (5- Fiscal Year 2009 Special Day) to Dubuque Area La - Projects Arts and Culture bor Management Council; Grants: Arts and Cultural and a Class "B" Wine Per - Affairs Advisory Commis- mit to Church of the Res- sion recommending appro- urrection and Oky Doky #6 val of the Fiscal Year 2009 were adopted. Arts and Culture Grants for ITEMS TO BE SET FOR Special Projects and au- PUBLIC HEARING thorization for the City . Motion by Jones to re - Manager to sign the grant ceive and file the docu- agreements. ments, set the public hear - Workers' Compensation ings as indicated, and di - Claim: City Manager rec- rect the City Clerk to pub- ommending approval of fish notice as prescribed the settlement agreement by law. Seconded by for the workers' compen- Connors. Motion carried 7- sation claim of Scott Pape. 0. Upon motion the docu- 11th Street Steps and ments were received, filed, Grove Terrace Retaining and approved. Wall Repair Project: City Purchase of Property - Manager recommending SB Development, LLC: initiation of the public bid - City Manager recommend- ding process for the 11th ing acceptance of the Street Steps and Grove deed for property pur- Terrace Retaining Wall Re - chased from SB Develop- pair Project and that a ment, LLC for the Bee public hearing be set for Branch project. Upon mo- July 21, 2008 to consider tion the documents were approval of the plans and received and filed and specifications, form of Resolution No. 217-08 Ac- contract and estimated cepting the deed to certain cost. Upon motion the real estate in Dubuque documents were received County, Iowa from SB De- and filed and Resolution velopment, LLC was No. 222-08 Preliminary ap- adopted. proval of plans, specifica- Assistance to Firefighters tions, form of contract, and Grant: City Manager rec- ' estimated cost, setting ommending approval of an date of public hearing and Assistance to Firefighters ordering bids for the 11th Grant application for 2008 Street Steps and Grove that is administered Terrace Retaining Wall Re - through the Federal Home- pair Project was adopted land Security Department. setting a public hearing for Upon motion the docu- a meeting to commence at ment was received, filed, 6:30 p.m. on July 21, 2008 and approved. in the Historic Federal Mutual Aid Agreement - Building. Galena, Illinois: City Man- Iowa Street Parking ager recommending ap- Ramp to NICC Building - proval of a 28E Mutual Aid Walkway Project: City Agreement for aerial ladder Manager recommending apparatus between the initiation of the public bid - City of Dubuque and the ding process for the Iowa City of Galena, Illinois. Street. Parking Ramp to. Upon motion the docu- NICC Building - Walkway ments were received, filed, Project and that a public and approved. hearing be set for July 21, Eide Baillv Audit Anraa- ignated Historic Property at 2537 Windsor Avenue. Seconded by Jones. Mo- tion carried 7-0. Cottingham and Butler - Request for Text Amend- ment: Proof of publication on notice of public hearing to consider a request from Cottingham and Butler for a text amendment to the C-5 Downtown Business District Sign Regulations to place a freestanding sign along the Main Street frontage and Zoning Advi- sory Commission recom- mending approval. Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Connors. Motion carried 7-0. Asso- ciate Planner Kyle Kritz provided a staff report. Marty Johnson, Straka Johnson Architects, 10502 St. Joseph Drive, provided an explanation of the proj- ect on behalf of Cotting- ham and Bulter. Upon questioning by Connors, Mr. Johnson stated that a 20 foot bow in the side- walk would allow for pe- destrian traffic around the sign. Motion by Jones for final consideration and passage of Ordinance No. 47-08 Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances by repealing Section 4-3.11 Schedule of Sign Regulations for the C-5 Central Business Dis- trict, and adopting a new Section 4-3.11 Schedule of Sign Regulations for the C-5 Central Business Dis- trict in lieu thereof, pertain- ing to the addition of free- standing identification signs from 8th to 10th Streets along either side of Main Street. Seconded by Voetberg. Motion carried 7-0. City of Dubuque - Re- quest for Text Amend- ment: Proof of publication on notice of public hearing to consider a request from the City of Dubuque to amend the Dubuque In- dustrial Center West PUD Planned Unit Development Sign Regulations to allow primary signs to identify products or services and Zoning Advisory Commis- sion recommending appro- val. Motion. by Connors to receive and file the docu- ments and that the re- quirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Jones. Motion carried 7-0. Associate Planner Kyle Kritz provided a staff re- port. Motion by Connors for fi- nal consideration and pas- sage of Ordinance No. 48- 08 Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances by repealing Sections E(3)(A)(2) and E(3)(A)(3) of Ordinance 83- 04 And enacting new Sec- tions E(3)(A)(2) And E(3)(A)(3) in lieu thereof pertaining to on -premise primary signage of the PI Planned Industrial District y•o u i tonal liabildy. Lindahl stated that it falls under constructive notice as to whether someone should have noticed it. Paying the claim may open the door to others coming forward to appeal the deni- al of claims. Motion carried 7-0. Tattoo Ordinance: City Manager submitting infor- mation regarding the City's ordinance regulating tat- tooing and providing three options for City Council consideration. Motion by Connors to receive and file the documents and that the requirement that a pro- posed ordinance be con- sidered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Jones. Mo- tion carried 7-0. Jeff Davis, Mystic Tattoo, 358 State Road 35, Hazel Green, WI, spoke in preference of the second ordinance. Voet- berg stated the wording regarding supervision of a physician was ambiguous and supported the second ordinance. Lynch ques- tioned the possibility of a certificate of supervision as part of the ordinance. Motion by Connors for fi- nal consideration and pas- sage of Ordinance No. 49- 08 Amending City of Du- buque Code of Ordinances by repealing Section 23-2 Tattooing and adopting a new Section which adopts the State of Iowa Tattooing Code and Administrative Rules. Seconded by Braig. Motion carried 7-0. Community Economic Betterment Account (CEBA) - Quebecor: City Manager recommending approval of a Community Economic Betterment Ac- count (CEBA) Application and a High Quality Job Program Application to the Iowa Department of Eco- nomic Development on be- half of Quebecor World Dubuque and a $100,000 UDAG Loan from the City. Motion by Connors to re- ceive and file the docu- ments and adopt Resolu- tion No. 224-08 Authoriz- ing the filing of a Commun- ity Economic Betterment Account (CEBA) and High Quality Jobs Program (HQJP) application on be- half of Quebecor World Dubuque, Inc. Seconded by Braig. Upon question- ing by Voetberg, Economic Development Director Dave Heiar explained that Council is authorizing the loan; however, negotia- tions regarding loan secur- ity are incomplete. Motion carried 7-0. Stone Cliff - Lighting on Railroad Bridge: Commu- nication from Bob Smith, Stone Cliff Winery, re- questing a letter of support for the installation of holi- day style lighting on the railroad bridge from the Port of Dubuque to the tunnel entrance in East Dubuque. Motion by Connors to receive and file and approve a letter of support. Seconded by Braig. Motion carried 6-1 with Voetberg voting nay. Washington Street Row House Purchase: City Manager recommending approval of the purchase of a row house apartment unit located at 1787 Wash- ington Street as part of the STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: July 16, 2008, and for which the charge is $365.76. Subscribed to before m otary Public in and for Dubue County, Iowa, this `672 day of .ze,e , 20 .P. otary Public in and for Dubuque County, Iowa. o� MARY K. WESTERMEYER Commission Number 154885 sw. My Comm, Fxo, FES, 1, 2011 2009. Upon motion the documents were received, filed, and approved. Vacant and Abandoned Building and Problem Property Assessments: City Manager recommend- ing approval of vacant and abandoned building and problem property assess- ments. Upon motion the documents were received and filed and Resolution No. 208-08 Adopting the schedule of assessments for the vacant and aban- doned building and prob- lem property charges specifying the number of annual installments into which assessments are divided, the interest on all unpaid installments, the time when the assess- ments are payable and di- recting the Clerk to certify the schedule of assess- ments to the County Treasurer and to publish notice thereof; and Resolu- tion No. 209-08 Authoriz- ing the City to collect de- linquent vacant and aban- doned building and prob- lem property charges in accordance with Section 26-3(b)(1)h; Section 26- 4(b)(3) and Section 26-6(b) of the Code of Ordinances of the City of Dubuque, Io- wa, were adopted. State Historical Society of Iowa: Communication from the State Historical Society of Iowa advising that the Dubuque Millworking His- toric District will be con- sidered by the State Na- tional Register Nomina- tions Review Committee for nomination to the Na- tional Register of Historic Places on August 22, 2008. Upon motion the document was received and filed. Ice Harbor Transient Boat Dock Project: City Manag- er recommending accept- ance of the Ice Harbor Transient Boat Dock Proj- ect as completed by Newt Marine in the final contract amount of $520,546.71. Upon motion the docu- ments were received and filed and Resolution No. 210-08 Accepting the Port of Dubuque - Ice Harbor Transient Boat Dock Facili- ty Project and authorizing the payment of the con- tract amount to the con- tractor was adopted. Downtown Streetlight and Traffic Signalization Pole Painting Project: City Manager recommending acceptance of the Down- town Streetlight and Traffic Signalization Pole Painting Project as completed by Alan Jackson Tuckpoint- ing, Inc. in the amount of $66,541.90. Upon motion the documents were re- ceived and filed and Reso- lution No. 211-08 Accept- ing the Downtown Street- light and Traffic Signali- zation Pole Painting Proj- ect and authorizing the payment of the contract amount to the contractor was adopted. Bee Branch Creek Resto- ration Project: City Manag- er recommending approval to negotiate and execute a contract with History Pays! for a fee not to exceed $26,987 for the Bee Branch Creek Restoration Project. Upon motion the document was received, filed, and approved. Locust Street Connector and Central Avenue Traffic Control Camera and Fiber Optic Project: City Manag- er recommending award of the contract for the 'Locust Street Connector and Cen- tral Avenue Traffic Control Camera and Fiber Optic Project to Price Industrial Electric in the amount of $408,622. Upon motion the documents were re- ceived and filed and Reso- lution No. 212-08 Award- ing public improvement contract for the Locust Street Connector and Cen- tral Avenue Traffic Control Camera and Fiber Optic Project was adopted. Plat of Survey - Park View No. 2: Zoning Advi- sory Commission recom- mending approval of the Plat of Survey of Park View No. 2. Upon motion the documents were received and filed and Resolution No. 213-08 Approving the Plat of Survey of Park View No. 2 was adopted. Plat of Survey - Park View No. 3: Zoning Advi- sory Commission recom- mending approval of the Plat of Survey of Lot 1 of Park View No. 3. Upon motion the documents were received and filed and Resolution No. 214-08 Approving the Plat of Sur- vey of Park View No. 3 was adopted. SDAT Report: City Man- ager transmitting the American Institute of Ar- chitect's Sustainable De- sign Assessment Team Report and Media Plan. Upon motion the docu- • ments were received and filed. Cooper Development, LLC: City Manager recom- mending approval of an agreement with Cooper Development, LLC to maintain as a parking lot the future city -owned Grants: Arts and Cultural Affairs Advisory Commis- sion recommending appro- val of the Fiscal Year 2009 Arts and Culture Grants for Special Projects and au- thorization for the City Manager to sign the grant agreements. Workers' Compensation Claim: City Manager rec- ommending approval of the settlement agreement for the workers' compen- sation claim of Scott Pape. Upon motion the docu- ments were received, filed, and approved. Purchase of Property - SB Development, LLC: City Manager recommend- ing acceptance of the deed for property pur- chased from SB Develop- ment, LLC for the Bee Branch project. Upon mo- tion the documents were received and filed and Resolution No. 217-08 Ac- cepting the deed to certain real estate in Dubuque County, Iowa from SB De- velopment, LLC was adopted. Assistance to Firefighters Grant: City Manager rec- ommending approval of an Assistance to Firefighters Grant application for 2008 that is administered through the Federal Home- land Security Department. Upon motion the docu- ment was received, filed, and approved. Mutual Aid Agreement - Galena, Illinois: City Man- ager recommending ap- proval of a 28E Mutual Aid Agreement for aerial ladder apparatus between the City of Dubuque and the City of Galena, Illinois. Upon motion the docu- ments were received, filed, and approved. Eide Bailly Audit Agree- ment: City Manager advis- ing that the Eide Bailly Au- dit Engagement Letter has been signed. Upon motion the document was re- ceived, filed, and ap- proved. City Development Board: Communication from Steven R. McCann, City Development Board, ad- vising that the City of Dubuque's voluntary an- nexation request will be heard by the Board on July 9, 2008. Upon motion the document was received and filed. Climate Communities Membership: City Manager recommending that the City join Climate Commun- ities, an organization that is partnering with the Inter- national Council for Local Environmental Initiatives (ICLEI) to promote local government leadership re- garding climate change. Upon motion the docu- ments were received, filed, and approved. PEG Capital Grant Ex- penditure Request: City Manager recommending approval of five requests for funding from the Capi- tal Grant for Access Equip- ment and Facilities. Upon motion the documents were received, filed, and approved. City Manager Employ- ment Agreement: Submit- tal of the Eighteenth Amendment to the City Manager's Employment Agreement for approval. Upon motion the docu- ments were received, filed, and approved. Bluff Overlay District Or- dinance: Communication from the Dubuque Board of Realtors in opposition to the proposed bluffland. or- dinance. Communication from Mike and Cheri Sullivan, 838 Althauser, in opposi- tion to the proposed Bluff Overlay District ordinance. Communication from Mark E. Molo, Molo Com- panies, in opposition to the Bluff Overlay District. Upon motion the docu- ments were received and filed. Arts and Cultural Affairs Advisory Commission: 'Communication from the Arts and Cultural Affairs Advisory Commission re- garding the Edward S. Curtis: The North Ameri- can Indian collection. Mo- tion by Jones to receive and file the document. Seconded by Braig. Arts and Cultural Affairs Advi- sory Commission Chair- person Louise Kames, 201 W. 17th Street, provided a history of the Curtis collec- tion and stated that the Commission believed the collection to be of value to Dubuque citizens and should stay in Dubuque. She also stated that there had been an offer by a lo- cal group to fund the Li- brary's funding shortfall if the collection stayed in Dubuque. Braig stated that she appreciated all the work put forth but felt the need to keep going. Jones stated that he would like to see the collection stay in Dubuque but would stand by the decision of the Li- brary Board. Lynch stated that there needs to be open and honest discus- sion on the subject and questioned if there were other collections involved and a Class "B" Wine Per- mit to Church of the Res- urrection and Oky Doky #6 were adopted. ITEMS TO BE SET FOR PUBLIC HEARING • Motion by Jones to re- ceive and file the docu- ments, set the public hear- ings as indicated, and di- rect the City Clerk to pub- lish notice as prescribed by law. Seconded by Connors. Motion carried 7- 0. llth Street Steps and Grove Terrace Retaining Wall Repair Project: City Manager recommending initiation of the public bid- ding process for the llth Street Steps and Grove Terrace Retaining Wall Re- pair Project and that a public hearing be set for July 21, 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. 222-08 Preliminary ap- proval of plans, specifica- tions, form of contract, and estimated cost, setting date of public hearing and ordering bids for the 11th Street Steps and Grove Terrace Retaining Wall Re- pair Project was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on July 21, 2008 in the Historic Federal Building. Iowa Street Parking Ramp to NICC Building - Walkway Project: City Manager recommending initiation of the public bid- ding process for the Iowa Street. Parking Ramp to NICC Building - Walkway Project and that a public hearing be set for July 21, 2008 to consider approval of the plans and specifica- tions, form of contract and estimated cost. Upon mo- tion the documents were received and filed and. Resolution No. 223-08 Preliminary approval of. plans, specifications, form of contract, and estimated cost, setting date of public hearing and ordering bids for the Iowa Street Parking Ramp to NICC Building - Walkway Project • was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on July 21, 2008 in the Histor- ic Federal Building. BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions: Civil Service Commission (Mayor Appointment). One 4-year vacant term though April 6, 2009 (Term of Duehr). Applicants: John Stevens, 2215 Graham Circle; Daniel White, 2919 Elm Street; Joseph Link, 1290 Pamela Court (Addi- tional Applicant). Mr. White spoke in support of his ap- pointment. Historic Preservation Commission (Interim Ca- thedral Hill District Repre- sentative). One 3-year va- cant term through July 1, 2012 (Term of Coty). Appli- cant: Michael Knight, 205 Bluff Street. Mr. Knight spoke in support of his ap- pointment. Transit Board of Trust- ees: Two 3-year expired -terms through July 30, 2011 (Terms of Enderson, Lightcap, Davidson). Appli- cants: George Enderson, Jr., 511 St. George Street; Joel Lightcap, 1985 Alta Vista Street. Zoning Board of Adjust- ment: One 5-year vacant term though March 25, 2013 (Term of Urell) Appli- cant: Jeff Cremer, 919 Y Bluff Street. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone to address the City Council. Individual Historic Desig- nation - 2537 Windsor Avenue: Proof of publica- tion on notice of hearing to consider Individual Historic Designation of 2537 Wind- sor Avenue and Long Range Planning Advisory Commission , recommend- ing approval as it is con- sistent with the 2008 Du- buque Comprehensive Plan. Communication from the State- Historical Society of Iowa regarding the desig- nation of 2537 Windsor Avenue as an Individually Designated Historic Prop- erty. Motion by Connors to re- ceive and file the docu- ments and that the re- quirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Jones. Motion carried 7-0. Assistant Planner Dave Johnson provided a staff report. Motion by Connors for fi- nal consideration and pas- sage of Ordinance No. 46- 08 Amending Chapter 25 (Historic Preservation) of the City of Dubuque Code of Ordinances by adding Section 25-6.14(3) Estab- C-b central Business ups trict, and adopting a new Section 4-3.11 Schedule of Sign Regulations for the C-5 Central Business Dis- trict in lieu thereof, pertain- ing to the addition of free- standing identification signs from 8th to 10th Streets along either side of Main Street. Seconded by Voetberg. Motion carried 7-0. City of Dubuque - Re- quest for Text Amend- ment: Proof of publication on notice of public hearing to consider a request from the City of Dubuque to amend the Dubuque In- dustrial Center West PUD Planned Unit Development Sign Regulations to allow primary signs to identify products or services and Zoning Advisory Commis- sion recommending appro- val. Motion by Connors to receive and file the docu- ments and that the re- quirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Jones. Motion carried 7-0. Associate Planner Kyle Kritz provided a staff re- port. Motion by Connors for fi- nal consideration and pas- sage of Ordinance No. 48- 08 Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances by repealing Sections E(3)(A)(2) and E(3)(A)(3) of Ordinance 83- 04 And enacting new Sec- tions E(3)(A)(2) And E(3)(A)(3) in lieu thereof pertaining to on -premise primary signage of the PI Planned Industrial District for Dubuque Industrial Center West. Seconded by Lynch. Motion carried 7-0. Water Pollution Control Plant Facility Plan: Proof of publication on notice of public hearing to consider a facility planning process and schedule for biosolids treatment at the Water Pollution Control Plant and City Manager recommend- ing approval. Correspondence and CD from Gerhardt Van Drie re- garding the operation of the Water Pollution Control Plant. Motion by Jones to re- ceive and file the docu- ments and approve. Seconded by Voetberg. Paul Horsfall, 575 Sap- phire Circle, spoke in favor of the anaerobic digestion option. Green Dubuque representative Raki Giannakouros, Green Du- buque, 2811 JFK Road, #1, commended the City Council and staff and re- quested consideration of the use of methane in the planning phase. Dr. Charles Winterwood, 1555 Montrose Terrace, spoke in favor of methane cap- ture. Upon questioning by Resnick, Strand Associ- ates Project Manager Ran- dy Wirtz explained the flexibility of using four di- gesters rather than three. Motion carried 7-0. Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Memorial Donation - Re- surface Tennis Courts in Eagle Point Park: City Manager recommending acceptance of a $30,000 donation from the family of Mr. and Mrs. Robert Klavitter to resurface and improve the tennis courts in Eagle Point Park. Motion by Braig to receive and file the documents and ap- prove. Seconded by Connors. Jones com- mended the family for their generosity. Motion carried 7-0. Request to Address the City Council - Alan B. Chidley: City Attorney rec- ommending denial of the claim of Alan B. Chidley for vehicle damage. Communication from Alan B. Chidley regarding the denial of his claim for vehicle damage. City Attorney submitting information regarding the denial of Alan B. Chidley's claim for vehicle damage. Motion by Connors to re- ceive and file the docu- ments and approve pay- ment of the claim. Seconded by Braig. Alan Chidley, 16481 Coventry Lane, spoke in support of payment of his claim and commended City staff. Braig stated that the pic- tures provided by Mr. Chidley was clear evi- dence was that the pipe that damaged Mr. Chidley's tire had been there for some time and questioned if staff walks the area following a street project. Public Works Manager Don Vogt stated that when a project is fin- ished it is immediately opened curb to curb for traffic. He also stated that the department does not have a curb repair pro- gram. Jones stated that this was an unfortunate re- ality but believed paying the claim would open the Deller II ICI (CEBA) - Quebecor: City Manager recommending approval of a Community Economic Betterment Ac- count (CEBA) Application and a High Quality Job Program Application to the Iowa Department of Eco- nomic Development on be- half of Quebecor World Dubuque and a $100,000 UDAG Loan from the City. Motion by Connors to re- ceive and file the docu- ments and adopt Resolu- tion No. 224-08 Authoriz- ing the filing of a Commun- ity Economic Betterment Account (CEBA) and High Quality Jobs Program (HQJP) application on be- half of Quebecor World Dubuque, Inc. Seconded by Braig. Upon question- ing by Voetberg, Economic Development Director Dave Heiar explained that Council is authorizing the loan; however, negotia- tions regarding loan secur- ity are incomplete. Motion carried 7-0. Stone Cliff - Lighting on Railroad Bridge: Commu- nication from Bob Smith, Stone Cliff Winery, re- questing a letter of support for the installation of holi- day style lighting on the railroad bridge from the Port of Dubuque to the tunnel entrance in East Dubuque. Motion by Connors to receive and file and approve a letter of support. Seconded by Braig. Motion carried 6-1 with Voetberg voting nay. Washington Street Row House Purchase: City Manager recommending approval of the purchase of a row house apartment unit located at 1787 Wash- ington Street as part of the Washington: Revitalize! strategy. Motion by Voetberg to receive and file the documents and adopt Resolution No. 225- 08 Approving the acquisi- tion of real estate located at 1787 Washington Street in the City of Dubuque, Io- wa. Seconded by Jones. Motion carried 7-0. COUNCIL MEMBER REPORTS Buol reported on the U.S Conference of Mayors, re- ceiving the Livability Award, and Science in Schools. CLOSED SESSION Motion by Jones at 8:14 p.m. for City Council to en- ter into closed session re- garding pending litigation and property acquisition pursuant to . Chapter 21.5(1)(c)(j) 2007 Code of Iowa. Upon motion at 8:38 p.m., City Council reconv- ened in regular session stating that staff had been given proper direction. There being no further business, upon motion the City Council adjourned at 8:39 p.m. Jeanne F. Schneider, CMC, City Clerk 1t 7/16 this /;- day of otary Public in