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11 17 08 City Council Minutes Official CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on November 17, 2008 in the Historic Federal Building. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voetberg, City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a regular session of the Dubuque City Council called for the purpose of discussing such matters that may properly come before Council. Invocation was provided by Reverend Dr. Ken Bickel, First Congregational United Church of Christ 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 8/26 and 9/30; Building Code Appeals Board of 11/6; Cable TV Regulatory Commission of 1/9 and 9/10; Cable Community Teleprogramming Commission of 10/7; City Council of 11/3; Environmental Stewardship Advisory Commission of 11/4; Housing Code Appeals Board of 5/20; Human Rights Commission of 10/10 and 10/13; Park and Recreation Commission of 10/14; Zoning Advisory Commission of 11/5; and Zoning Board of Adjustment of 10/23 Library Board of Trustees Update from meeting of October 23, 2008 Proofs of publication of City Council Proceedings of October 20, 2008 (Special Session and Regular Session) and October 28, 2008 Upon motion the documents were received and filed. Notice of Claims/Suits: Deborah M. Naderman for vehicle damage; Wells Fargo Bank, National Association as Trustee vs. City of Dubuque, et al; Gordon Mills for vehicle damage. Upon motion the documents were received and filed and referred to the City Attorney. City Attorney recommending settlement of the claim of Deborah Nadermann for vehicle damage. Upon motion the document was received and filed and concurred. City Development Board: Communication from Steven R. McCann, City Development Board, advising that the City of Dubuque’s voluntary annexation proposal will be considered by the Board on November 12, 2008. Upon motion the document was received and filed. Property Donation: City Manager recommending acceptance of property located behind Fire Station No. 2 on John F. Kennedy Road from Hohnecker’s Incorporated. Upon motion the documents were received and filed and Resolution No. 398-08 Approving plat of Lot 1 of Hohnecker Place No. 2 and Resolution No. 399-08 Accepting the deed to certain real estate in Dubuque County, Iowa, from Hohnecker Incorporated were adopted. RESOLUTION NO. 398-08 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM HOHNECKER INCORPORATED Whereas, Hohnecker Incorporated has made a gift of the following described real property in Dubuque County, Iowa to the City of Dubuque, Iowa: Lot 2 of Hohnecker Place in the City of Dubuque, Iowa; and Whereas, the City Council finds that the gift should be accepted by the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. The City of Dubuque hereby accepts the Warranty Deed from Hohnecker Incorporated attached hereto. Section 2. The City Clerk is hereby authorized and directed to record this Resolution and the Warranty Deed with the Dubuque County Recorder. th Passed, approved and adopted this 17 day of November, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk RESOLUTION NO. 399-08 APPROVING PLAT OF LOT 1 OF HOHNECKER PLACE NO. 2 Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat th dated the 10 day of October, 2008, prepared by IIW Engineers & Surveyors, PC describing Lot 1 of Hohnecker Place No. 2 in the City of Dubuque, Dubuque County, Iowa; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: th Section 1. That the plat dated the 10 day of October, 2008, prepared by IIW Engineers & Surveyors, PC relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa. th Passed, approved and adopted this 17 day of November, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Professional Services Agreement: City Manager recommending approval to execute the Professional Services Agreement for acquisition of ACTRA/TACTICS Software for the Primary Highway Improvement Project No. 2008-16-019, Final Traffic Control Systems Improvements. Upon motion the documents were received and filed and Resolution No. 400-08 Approving the Iowa Department of Transportation Professional Services Agreement for acquisition of ACTRA/TACTICS Software for the Primary Highway Improvement Project No. 2008-16-019, Final Traffic Control Systems Improvements (STP-A-946-0(1)--86-31) was adopted. RESOLUTION NO. 400-08 APPROVING THE IOWA DEPARTMENT OF TRANSPORTATION PROFESSIONAL SERVICES AGREEMENT FOR ACQUISITION OF ACTRA/TACTICS SOFTWARE FOR THE PRIMARY HIGHWAY IMPROVEMENT PROJECT NO. 2008-16-019, FINAL TRAFFIC CONTROL SYSTEMS IMPROVEMENTS (STP-A-946-0(1)--86-31) Whereas, the Federal Highway Administration (FHWA) has made funds available for the 2 Primary Highway Improvement Project No. 2008-16-019, Final Traffic Control Systems Improvements Project (STP-A-946-0(1)--86-31); and Whereas, City of Dubuque US 20 Capacity Improvements Project (Traffic Signal Control System and Locust Street at US 20 and US 151/61 Intersections) includes the integration of a computer-based transportation management system to monitor, control, change, and evaluate traffic conditions control; and Whereas, the Iowa Clean Air Attainment Program (ICAAP) Funds will be required to complete said traffic signal control system of the US 20 Capacity Improvements Project; and Whereas, Iowa DOT has concurred to employ Traffic Systems Solution Co. of Davenport, Iowa, to provide integration/engineering services in connection with the design and installation of ACTRA/TACTICS software improvements; and Whereas, the execution of the Professional Services Agreement for Acquisition of ACTRA/TACTICS Software indicates that the proposed work is acceptable for FHWA authorization of Federal funds. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That said Professional Services Agreement for Acquisition of ACTRA/TACTICS Software for Primary Highway Improvement Project No. 2008-16-019, Final Traffic Control Systems Improvements Project (STP-A-946-0(1)--86-31) between the City of Dubuque and the Iowa Department of Transportation be approved. Section 2. That the City Manager be authorized and directed to execute three copies of Professional Services Agreement for Acquisition of ACTRA/TACTICS Software for Primary Highway Improvement Project No. 2008-16-019, Final Traffic Control Systems Improvements Project (STP-A-946-0(1)--86-31) between the City of Dubuque and the Iowa Department of Transportation. th Passed, approved and adopted this 17 day of November, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk High Bluff Retaining Wall Reconstruction: City Manager recommending that the award of the contract for the 911 High Bluff Retaining Wall Reconstruction Project be officially recorded in the minutes of the City Council. Upon motion the documents were received and filed. St. Mary’s Retaining Wall Reconstruction: City Manager recommending that the award of the contract for the St. Mary’s Retaining Wall Reconstruction Project be officially recorded in the minutes of the City Council. Upon motion the documents were received and filed. Fire Headquarters Green Roof Replacement Project: City Manager recommending award of the contract for the Fire Headquarters Green Roof Replacement Project to Giese Roofing Company in the amount of $188,920. Upon motion the documents were received and filed and Resolution No. 401-08 Awarding public improvement contract for the Fire Headquarters Roof Replacement Project was adopted. RESOLUTION NO. 401-08 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE FIRE HEADQUARTERS ROOF REPLACEMENT PROJECT Whereas, sealed proposals have been submitted by contractors for the Fire Headquarters Roof Replacement Project (the Project) pursuant to Resolution No. 276-08 and Notice to th Bidders published in a newspaper published in the City of Dubuque, Iowa on the 24 day of 3 October, 2008; and th Whereas, said sealed proposals were opened and read on the 12 day of November, 2008 and it has been determined that Giese Roofing Company of Dubuque, Iowa, with a bid in the amount of $188,920, is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a Public Improvement Contract for the Project is hereby awarded to Giese Roofing Company and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. th Passed, approved and adopted this 17 day of November, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Scenic Byways - Great River Road Interpretive Center / National Mississippi River Museum and Aquarium Project: City Manager recommending approval of the Certificate of Completion and Final Acceptance of Agreement Work Form for the Scenic Byways – Great River Road Interpretive Center / National Mississippi River Museum and Aquarium Project. Upon motion the documents were received and filed and Resolution No. 402-08 Approving the Certificate of Completion and Final Acceptance of Agreement Work Form for the Scenic Byways – Great River Road Interpretive Center / National Mississippi River Museum and Aquarium Project was adopted. RESOLUTION NO. 402-08 RESOLUTION APPROVING THE CERTIFICATE OF COMPLETION AND FINAL ACCEPTANCE OF WORK FOR THE SCENIC BYWAYS – GREAT RIVER ROAD INTERPRETIVE CENTER AT THE NATIONAL MISSISSIPPI RIVER MUSEUM & AQUARIUM (IOWA DOT NO. 2-T--00-IA-02-002) Whereas, the City of Dubuque in partnership with the Dubuque County Historical Society (DCHS) was awarded a $737,376 National Scenic Byways Grant for the Great River Road Interpretive Center at the National Mississippi River Museum & Aquarium (Iowa DOT 2-T--00- IA-02-002); and Whereas, the project included the design and construction of the audio and visual exhibit equipment components for the Great River Road Interpretive Center as well as the design and layout of interpretive signs, maps and brochures; and Whereas, the execution of the Iowa Department of Transportation (Iowa DOT) Certificate of Completion and Final Acceptance of Agreement Work indicates that the work is completed and is acceptable for authorization of the National Scenic Byways Grant funds. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That said Iowa Department of Transportation Certificate of Completion and Final Acceptance of Agreement Work (Iowa DOT 2-T--00-IA-02-002) between the City of Dubuque and the Iowa Department of Transportation be approved. Section 2. That the Mayor be authorized and directed to execute the Certificate of Completion and Final Acceptance of Agreement Work between the City of Dubuque and the Iowa Department of Transportation. th Passed, approved and adopted this 17 day of November, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 4 Windsor Avenue Storm Sewer Extension Project: City Manager recommending acceptance of the construction contract and improvements associated with the Windsor Avenue Storm Sewer Extension Project. Upon motion the documents were received and filed and Resolution No. 403-08 Accepting the Windsor Avenue Storm Sewer Extension Project and authorizing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 403-08 ACCEPTING THE WINDSOR AVENUE STORM SEWER EXTENSION PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Windsor Avenue Storm Sewer Extension Project (the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the Windsor Avenue Storm Sewer Extension Capital Improvement Project (FY2005) appropriations for the contract amount of $166,262.61 less any retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code chapter 573. th Passed, approved and adopted this 17 day of November, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE WINDSOR AVENUE STORM SEWER EXTENSION PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Windsor Avenue Storm Sewer Extension Project, that the Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $175,574.59. th Dated this 12 day of November, 2008. Gus Psihoyos, City Engineer th Filed in the office of the City Clerk on the 13 day of November, 2008. Jeanne F. Schneider, CMC, City Clerk Iowa 32 Bike / Hike Trail: City Manager recommending approval of a Resource Enhancement and Protection (REAP) grant agreement with the Iowa Department of Natural Resources for Phase 2 of the Iowa 32 Bike / Hike Trail. Upon motion the documents were received and filed and Resolution No. 404-08 Approving a grant agreement for Resource Enhancement and Protection (REAP) funding with the Iowa Department of Natural Resources for Phase 2 of the Iowa 32 Bike / Hike Trail was adopted. RESOLUTION NO. 404-08 RESOLUTION APPROVING A GRANT AGREEMENT FOR RESOURCE ENHANCEMENT AND PROTECTION (REAP) FUNDING WITH THE IOWA DEPARTMENT OF NATURAL RESOURCES FOR PHASE 2 OF THE IOWA 32 BIKE/HIKE TRAIL. 5 Whereas, the Iowa Department of Natural Resources has awarded the City of Dubuque a Resource Enhancement and Protection (REAP) grant for Phase 2 of the Iowa 32 Bike/Hike Trail; and Whereas, the City has adopted a Comprehensive Plan that identified a bike/pedestrian network that includes a trail along Iowa 32 (Northwest Arterial). NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Mayor is authorized to sign the grant agreement with the Iowa Department of Natural Resources for REAP funding for Phase 2 of the Iowa 32 Bike/Hike Trail. Section 2. That the City Council hereby provides its written assurance that the completed project will be adequately maintained for its intended public use for a minimum of twenty (20) years following the project. Section 3. That the City of Dubuque agrees to abide by all local, state and federal requirements applicable to the proposed budget. th Passed, approved and adopted this 17 day of November 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Joint Motion for Dubuque and Asbury Annexations of Sandwedge Subdivision: City Manager recommending approval to file a joint motion with the City of Asbury before the City Development Board to allow the City of Dubuque to delete the Sandwedge Subdivision property owners from Dubuque’s annexation proposal. Upon motion the documents were received, filed, and approved. Final Plat – Conlan Place: Zoning Advisory Commission recommending approval of the final plat of Conlan Place located on Kemp Road in Dubuque County, Iowa. Upon motion the documents were received and filed and Resolution No. 405-08 Approving the final plat of Conlan Place in Dubuque County, Iowa, was adopted. RESOLUTION NO. 405-08 RESOLUTION APPROVING THE FINAL PLAT OF CONLAN PLACE IN DUBUQUE COUNTY, IOWA. Whereas, there has been filed with the City Clerk the Final Plat of Conlan Place in Dubuque County; and Whereas, said plat provides 0 feet of frontage for Lot 2 where 50 feet is required by Section 42-19(b) of the Subdivision Regulations; and Whereas, said plat has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council hereby waives Article IV, Design and Improvement Standards of the Subdivision Regulations, except for Section 42-19, Blocks and Lots. Section 2. That Section 42-19(b) of the Subdivision Regulations is waived to allow Lot 2 to have 0 feet of frontage, where 50 feet is required, subject to construction of a minimum 20-foot wide paved driveway through Lot 3 to serve Lot 2 once construction of a residence commences on Lot 2. Section 3. That the Final Plat of Conlan Place is hereby approved and the Mayor and City 6 Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat. th Passed, approved and adopted this 17 day of November 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Five Flags Management Agreement: City Manager recommending approval to extend the Five Flags Management Agreement with SMG for the period July 1, 2009 to June 30, 2014. Upon motion the documents were received and filed and Resolution No. 406-08 Approving the first amendment to the Management Agreement between the City of Dubuque, Iowa, and SMG was adopted. RESOLUTION NO. 406-08 A RESOLUTION APPROVING THE FIRST AMENDMENT TO THE MANAGEMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND SMG. Whereas, the City of Dubuque has identified the need for private management of the Five Flags Center; and Whereas, the City of Dubuque (City) and SMG entered into a Management Agreement on June 21, 2004; and Whereas, the current five year term of the Agreement expires on June 30, 2009; and Whereas, City and SMG now desire to amend the Management Agreement to provide for an additional five year term, July 1, 2009 through June 30, 2014. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the First Amendment to the Management Agreement between the City of Dubuque, Iowa and SMG be approved. Passed, approved and adopted this 17th day of November, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk PetData Animal Licensing Agreement: City Manager recommending approval of an agreement with PetData to provide animal licensing services for the City. Upon motion the documents were received, filed, and approved. Tobacco Compliance – Civil Penalties for Tobacco Permit Holders: City Manager recommending acceptance and approval of Acknowledgement/Settlement Agreements for a first offense violation for Casey’s General Store #2420, 2699 Rockdale Road; Kwik Stop, 4039 Pennsylvania Avenue; A.W.N. Stop Mart, 1998 Jackson Street and for a second offense violation for Hy-Vee #2, 2395 Northwest Arterial. Upon motion the documents were received, filed, and approved. Employee Wellness Program: City Manager recommending approval of the issuance of a Request for Proposals (RFP) to solicit proposals for the incentive-based health risk appraisal program funded and approved for Fiscal Year 2009. Upon motion the documents were received, filed, and approved. Renewal Rates for the Voluntary Dental Plan: City Manager recommending approval of the renewal rates for the City’s Voluntary Dental Plan, which is paid in full by the employees. Upon motion the documents were received, filed, and approved. 7 Dubuque Warehouse District: Application to the Environmental Protection Agency for an Assessment Grant for the Dubuque Warehouse District. Upon motion the documents were received and filed. Canadian Pacific Railroad: Communication from Fred Green, President and CEO of the Canadian Pacific Railroad, advising that the acquisition of the Dakota, Minnesota & Eastern Railroad Corporation (DM&E) and its subsidiaries has been declared officially final by the US Surface Transportation Board. Upon motion the documents were received and filed. PEG Capital Grant Expenditure Request: City Manager recommending approval of the Cable TV Tele-Programming Commission recommendation for funding from the Public, Educational, and Government (PEG) Capital Grant for Access Equipment and Facilities in the amount of $39,000 for Dubuque Community Schools for new cameras for The Forum board room where school board meeting telecasts originate. Upon motion the documents were received, filed, and approved. Business License Refund: Tri-State Independent Blind Society, Inc. requesting a refund in the amount of $225.00 for their Beer / Wine / Liquor license. Upon motion the document was received, filed, and approved. Liquor License Applications: City Manager recommending approval of annual liquor license renewals as submitted. Upon motion the documents were received and filed and Resolution No. 407-08 Granting the issuance of a Class “C” Beer Permit to Kwik Stop Food Mart and Plaza 20 BP / Amoco and Resolution No. 408-08 Granting the issuance of a Class “B” (Hotel/Motel) Liquor License to Grand Harbor Resort; Class “C” Beer/Liquor License to Bridge Restaurant and Q; and a Class “WBN” Native Wine Permit to Kwik Stop Food Mart were adopted. RESOLUTION NO. 407-08 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 DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS “C” BEER PERMIT Rainbo Oil Company Kwik Stop Food Mart+(Sunday Sale) 2320 Hwy 61 R Future Inc. Plaza 20 BP/Amoco+(Sunday Sale) 2600 Dodge Street th Passed, approved and adopted this 17 day of November, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 408-08 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 8 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 DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS “B” (HOTEL/MOTEL LIQUOR LICENSE Platinum Holdings LLC Grand Harbor Resort& Water Park 350 Bell Street +(Sunday/Outdoor Sale) CLASS “C” BEER/LIQUOR LICENSE Raysan Corp. Bridge Restaurant+(Sunday Sale) 31 Locust Street 920 Main DBQ, Inc. Q 920 Main Street CLASS “WBN” NATIVE WINE Rainbo Oil Company Kwik Stop Food Mart 2320 Hwy 61 Passed, approved and adopted this 17th day of November, 2008 Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk BOARDS/COMMISSIONS Appointments to the following Boards/Commissions: Civil Service Commission: One 4-year term through April 6, 2010 (Term of Kluesner). Applicant: James Schilling, 3283 Bittersweet Lane. Upon City Council concurrence, Mayor Buol appointed James Schilling to a 4-year term through April 6, 2010. PUBLIC HEARINGS Dubuque Industrial Center Planned Unit Development District (Tabled on September 15, 2008): City Manager requesting that this item be re-tabled until the January 20, 2009 City Council meeting. Proof of publication on notice of hearing to consider a request from the City of Dubuque/ Dubuque Initiatives to amend the Planned Unit Development (PUD) for the Dubuque Industrial Center, located on Chavenelle Road and the Northwest Arterial, to change the designation of property from open space to commercial and Zoning Advisory Commission recommending approval, with conditions. Motion by Voetberg to remove from the table. Seconded by Connors. Motion carried 7-0. Motion by Connors to table the proposed ordinance amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by adopting a revised Planned Unit Development Ordinance for the Dubuque Industrial Center Phases I and II located at the southwest corner of Highway 32 (Northwest Arterial) and Chavenelle Road and by repealing Ordinance 22-07. Seconded by Braig. Motion carried 7-0. ACTION ITEMS Designation of Queen Street as Through Street: City Manager recommending approval of the designation of Queen Street from the north right-of-way line of East Twenty-Fourth Street to its northerly terminus at Burden Avenue as a through street. 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 9 be suspended. Seconded by Lynch. Motion carried 7-0 Motion by Jones for final consideration and passage of Ordinance No. 77-08 Amending City of Dubuque Code of Ordinances Section 32-321.321 Entering Through Streets by adding Queen Street, from the north right-of-way line of East Twenty-Fourth Street to its northerly terminus at Burden Avenue as a through street. Seconded by Lynch. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 77-08 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES SECTION 32-321.321 ENTERING THROUGH STREETS BY ADDING QUEEN STREET, FROM THE NORTH RIGHT-OF-WAY LINE OF EAST TWENTY-FOURTH STREET TO ITS NORTHERLY TERMINUS AT BURDEN AVENUE AS A THROUGH STREET. Section 1. City of Dubuque Code of Ordinances § 32-321.321 is amended to read as follows: Sec. 32-321.321. Entering Through Streets. . . . (b) The following streets are designated as through streets: . . . Queen Street, from the north right-of-way line of East Twenty-Fourth Street to its northerly terminus at Burden Avenue. . . . Section 2. This Ordinance shall take effect on publication. th Passed, approved and adopted the 17 day of November, 2008. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 24 day of November, 2008. /s/Jeanne F. Schneider, CMC, City Clerk COUNCIL MEMBER REPORTS Connors reported on her attendance at the recent National League of Cities Conference in Orlando, Florida. She stated that sustainability and clean air were priority issues. Voetberg reported that the visit from the delegation from Tianjin, China, has been postponed to spring. Resnick reported receiving an e-mail from a citizen regarding trash on Coates Street and stated that he appreciated receiving this type of input from citizens. Lynch reported on his attendance at the recent National League of Cities Conference in Orlando, Florida. He expressed his pleasure over Orlando’s public art display and suggested the City of Dubuque expand its Art on the River program. He also stated that National DARE Program representatives attending the conference stated that Dubuque’s program was one of the top five programs in the nation. CLOSED SESSION Motion by Jones at 6:47 p.m. to go into closed session regarding pending litigation pursuant to Chapter 21.5(1)(j) 2007 Code of Iowa. Seconded by Connors. Motion carried 7-0. Upon motion the City Council reconvened in open session at 6:51 p.m. stating that staff had been given proper direction. 10 There being no further business, upon motion the City Council adjourned at 6:52 p.m. /s/Jeanne F. Schneider, CMC City Clerk 11