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2 2 09 City Council Proceedings Official_Regular CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on February 2, 2009 in the Historic Federal Building. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voetberg, City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a regular session called for the purpose of discussing such matters which may properly come before the City Council. Pledge of Allegiance Invocation was provided by the Reverend Kathleen Milligen, St. John's Episcopal Church CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded Voetberg. Motion carried 7-0. Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 11/25; City Council of 1/15, 1/20 and 1/26; Electrical Code Board of 1/26; Housing Commission of 10/7; Library Board of 10/23, 11/10, 11/20, and 12/18; Park and Recreation Commission of 1/13 Library Board of Trustees Update from Meeting of December 18, 2008 Proofs of publication of City Council Proceedings of January 5 (Special Meeting and Regular Session), January 6, and January 15, 2009 rd Investment Oversight Commission submitting the 63 Quarterly Report Upon motion the documents were received and filed. Notice of Claims/Suits: Ken Duffy for vehicle damage; Thomas J. Hamel for property damage; Lindsay Kruser for vehicle damage; Craig Pfohl for vehicle damage; Gina Seeling for vehicle damage; John F. Moran for vehicle damage; Austin M. Eppler for vehicle damage; Mary Lucas for personal injury; Courtney Dolan for personal injury; Gary and Kerry Massey for property damage; Nicole Morgan for personal injury/property damage. Upon motion the documents were received and filed and referred to the City Attorney. City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Paul Swartzel for vehicle damage; Tom Hamel for property damage; Ken Duffy for vehicle damage; Craig Pfohl for vehicle damage; Lindsay Kruser for vehicle damage; Mary Lucas for personal injury/property damage; Austin Eppler for vehicle damage; John Moran for vehicle damage; Gina Seeling for vehicle damage; Courtney Dolan for personal injury. City Attorney recommending denial of the claim of Scott D. Hos for vehicle damage. Upon motion the documents were received and filed and concurred. Acceptance of Warranty Deeds – Junnie and Rich’s Coin Partnership: City Manager recommending acceptance of the warranty deeds for two parcels of land owned by Junnie and Rich’s Coin Partnership which were needed for the Bee Branch Creek Restoration Project. Upon motion the documents were received and filed and Resolution No. 33-09 Accepting conveyance of real property described as Lot 319 and the Westerly Half of Lot 352 in East Dubuque No. 2, an addition in the City of Dubuque, Iowa and Lot 353 and the Easterly One- Half of Lot 352 in East Dubuque No. 2, an addition in the City of Dubuque, Iowa, to the City of Dubuque was adopted. RESOLUTION NO. 33-09 A RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY DESCRIBED AS LOT 319 AND THE WESTERLY HALF OF 352 IN EAST DUBUQUE NO. 2, AN ADDITION IN THE CITY OF DUBUQUE, IOWA AND LOT 353 AND THE EASTERLY ONE-HALF OF LOT 352 IN EAST DUBUQUE NO. 2, AN ADDITION IN THE CITY OF DUBUQUE, IOWA TO THE CITY OF DUBUQUE Whereas, the City of Dubuque entered into an agreement with Junnie and Rich’s Coin Partnership pursuant to which Junnie and Rich’s Coin Partnership agreed to conveyLot 319 and the Westerly Half of Lot 352 in East Dubuque No. 2, an Addition in the City of Dubuque, Iowa, and Lot 353 and the Easterly One-Half of Lot 352 in East Dubuque No. 2, an Addition in the City of Dubuque, Iowa; and Whereas, Junnie and Rich’s Coin Partnership has executed a conveyance of said property. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Warranty Deeds from Junnie and Rich’s Coin Partnership, copies of which are attached hereto, as required by Iowa Code Section 569.7. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. nd Passed, approved and adopted this 2 day of February, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Quarterly Investment Report: City Manager submitting the Quarterly Investment Report for the period from October 1, 2008 through December 31, 2008. Upon motion the documents were received and filed. Professional Services for Design of the Iowa 32 Hike/Bike Trail – Phase II Project: City Manager recommending approval of the selection of Buesing and Associates for professional design services for the Iowa 32 Bike/Hike Trail Phase 2 project. Upon motion the documents were received, filed, and approved. 2008 Government Performance and Results Act (GPRA) Annual Report: City Manager submitting the 2008 Government Performance and Results Act (GPRA) Annual Products Report. Upon motion the documents were received and filed. 2008 Certified Local Government (CLG) Annual Report: City Manager submitting the 2008 Certified Local Government (CLG) Annual Report. Upon motion the documents were received and filed. PEG Access Request: City Manager recommending approval of a request from Mediacom for $1,300 from the Capital Grant for Access Equipment and Facilities to configure the master 2 control room at the public access studio and install the necessary equipment to provide audio for the Cablecast Carousel graphic bulletin board system. Upon motion the documents were received, filed, and approved. Cable Car Square Association: Communication from Teri Connely, Cable Car Square President, thanking the City and the snow removal crews for their efforts after the heavy snowfall the weekend before Christmas. Upon motion the document was received and filed. Iowa Department of Economic Development – International Business Machines Corporation: City Manager recommending approval of the submittal of a State of Iowa financial assistance application to the Iowa Department of Economic Development on behalf of IBM Corporation. Upon motion the documents were received and filed and Resolution No. 34-09 Authorizing the filing of a State of Iowa Financial Assistance Application on behalf of IBM Corporation was adopted. RESOLUTION NO. 34-09 A RESOLUTION AUTHORIZING THE FILING OF A STATE OF IOWA FINANCIAL ASSISTANCE APPLICATION ON BEHALF OF IBM CORPORATION. Whereas, IBM has proposed locating new operations in Dubuque, Iowa; and Whereas, the City Council of Dubuque, Iowa has considered said proposal and has determined that the proposed project will contribute to the local economy through the creation of 1300 new jobs for area residents; and Whereas, the Iowa Department of Economic Development has created a financial assistance package for IBM to locate in Dubuque; and Whereas, the City of Dubuque, Iowa is eligible to apply for this funding on behalf of the Company. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the filing of an application for State of Iowa financial assistance on behalf of IBM Corporation is hereby approved. Section 2. That the local match of identified in the application consisting of TIF rebates for increased building valuation estimated at $1,828,068 to the company and a loan guarantee to Dubuque Initiatives is hereby approved, subject to 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 February, 2009. Roy D. Buol, Mayor Attest: Jeanne Schneider, City Clerk Dubuque Professional Firefighters Association Local #353: City Manager recommending approval of a two-year collective bargaining agreement between the City and the Dubuque Professional Firefighters Association Local #353. Upon motion the documents were received and filed and Resolution No. 35-09 Approving the agreement between the City of Dubuque, Iowa and Dubuque Professional Firefighters Association, Local #353, and authorizing the Mayor to sign the agreement was adopted. 3 RESOLUTION NO. 35-09 APPROVING THE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA, AND DUBUQUE PROFESSIONAL FIREFIGHTERS ASSOCIATION, LOCAL #353 AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT Whereas, the Sixty-Fifth General Assembly adopted the Public Employment Relations Act, Chapter 20, Code of Iowa; and Whereas, the City of Dubuque is public employer within the meaning of Section 3 (1) of the Public Employment Relations Act; and Whereas, the Dubuque Professional Firefighters Association, Local #353, is an employee organization within the meaning of Section 3 (4) of the Public Employment Relations Act; and Whereas, the Dubuque Professional Firefighters Association, Local #353, submitted a request to bargain collectively on behalf of the employees within its representation; and Whereas, bargaining between the parties has occurred and an agreement has been concluded. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the terms of the agreement be approved and the Mayor authorized and directed to sign the collective bargaining agreement. nd Passed, approved and adopted this 2 day of February, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Dubuque Metropolitan Area Solid Waste Agency (DMASWA): Communication from Chuck Goddard, Agency Administrator for DMASWA, submitting the Agency’s Fiscal Year 2010 fee schedule which goes into effect on July 1, 2009. Upon motion the document was received and filed. Lease Agreement – Dubuque Racing Association: City Manager recommending approval of the Third Amendment to the existing Lease Agreement between the City of Dubuque, as owner of Dubuque Greyhound Park and Casino, and the Dubuque Racing Association. Upon motion the documents were received, filed, and approved. nd Purchase of Property – 317 / 319 East 22 Street: City Manager recommending approval of nd the purchase of a residential rental dwelling located at 317 / 319 E 22 Street, as part of the acquisition program associated with the Bee Branch Creek Restoration Project. Upon motion the documents were received and filed and Resolution No. 36-09 Approving the acquisition of nd real estate located at 317 / 319 E 22 Street in the City of Dubuque was adopted. RESOLUTION NO. 36-09 A RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE LOCATED AT 317- ND 319 E 22 STREET, IN THE CITY OF DUBUQUE WHEREAS, the City of Dubuque intends to acquire certain properties located in the area of the Bee Branch Creek Restoration Project for stormwater mitigation activities as recommended in the 2001 HDR “Drainage Basin Master Plan;” and WHEREAS, a purchase agreement has been finalized with the owner of the sixty second property scheduled for acquisition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 4 Section 1. That the City of Dubuque hereby approves the acquisition of the following legally described property: Lot No. One (1) of Lot No. Three (3), Lot No. Two (2) of Lot No. Five (5), and Lot No. Six (6), “KEMPS” SUBDIVISION” in the City of Dubuque, Iowa; subject to the use of the “Private Alley”, all as shown on the recorded Plats of said respective subdivisions. At the cost of Ninety thousand dollars ($90,000). Section 2. That the City of Dubuque be and is hereby authorized to accept a Quit Claim deed from the owner, conveying the owner’s interest to the City of Dubuque, Iowa for the herein described real estate. Section 3. That the City Clerk be and she is hereby authorized and directed to cause said Quit Claim Deed to be recorded in the office of the Dubuque County Recorder, together with certified copy of the Resolution. Section 4. That the City Clerk be and she is hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. nd Passed, approved and adopted this 2 day of February, 2009. Roy D. Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk Isaac Hanna Subdivision: Communication from George B. Isaac, Isaac Hanna, LLC, requesting a final inspection and acceptance of public improvements completed in Isaac Hanna Subdivision. Upon motion the document was received and filed and referred to the City Manager. Iowa Department of Transportation – Right-of-Way Acquisition Services Agreement: City Manager recommending approval of a Right-of-Way Acquisition Services Agreement with the Iowa Department of Transportation for the Southwest Arterial Project. Upon motion the documents were received and filed and Resolution No. 37-09 Approving the Iowa Department of Transportation Right-of-Way Acquisition Services Agreement for City street relocations and/or reconstruction for City of Dubuque Southwest Arterial was adopted. RESOLUTION NO. 37-09 RESOLUTION APPROVING THE IOWA DEPARTMENT OF TRANSPORTATION RIGHT- OF-WAY ACQUISITION SERVICES AGREEMENT FOR CITY STREET RELOCATIONS AND/OR RECONSTRUCTION FOR CITY OF DUBUQUE SOUTHWEST ARTERIAL (PROJECT NO. HDP-2100(643)--71-31; IOWA DOT AGREEMENT NO. 2009-1-020) Whereas, the City of Dubuque has determined that the completion of the Southwest Arterial is the No. 1 surface transportation priority in the Dubuque area; and Whereas, the City of Dubuque has agreed to partner with the Iowa Department of Transportation to perform the necessary right-of-way acquisition services for property needed for the construction of the Southwest Arterial; and Whereas, the City of Dubuque is willing to commit the necessary funding for right-of-way acquisition services by the Iowa Department of Transportation. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, THAT: Section 1. That said Iowa Department of Transportation Right-of-Way Acquisition Services Agreement for City Street Relocations and/or Reconstruction for City of Dubuque Southwest Arterial (Project No. HDP-2100(643)--71-31; Iowa DOT Agreement No. 2009-1-020) between the City of Dubuque and the Iowa Department of Transportation be approved. 5 Section 2. That the Mayor be authorized and directed to execute two copies of said Right- of-Way Agreement for City Street Relocations and/or Reconstruction for City of Dubuque Southwest Arterial (Project No. HDP-2100(643)--71-31; Iowa DOT Agreement No. 2009-1-020) between the City of Dubuque and the Iowa Department of Transportation. nd Passed, approved and adopted this 2 day of February, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 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. 38-09 Granting the issuance of a Class “B” Beer Permit to Pizza Hut #4690 and #4691 and a Class “C” Beer Permit to Big 10 Mart and Resolution No. 39-09 Granting the issuance of a Class “C” Beer/Liquor License to Goetz’ and Mario’s Italian Restaurant; and a Special Class “C” Liquor License to Café Manna Java West and Pusateri’s were adopted. RESOLUTION NO. 38-09 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 “B” BEER PERMIT NPC International, Inc Pizza Hut # 4690+(Sunday Sale) 2075 JFK Road NPC International, Inc Pizza Hut # 4691+(Sunday Sale) 320 E 20 th Street CLASS “C” BEER PERMIT Molo Oil Company Big 10 Mart+(Sunday Sale) 2100 JFK Road nd Passed, approved and adopted this 2 day February, 2009 Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 39-09 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 DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS “C” BEER/LIQUOR LICENSE James Goetzinger Goetz’s+(Sunday Sale) 2776 Jackson Street T & M, Inc. Mario’s Italian Restaurant and Lounge 1298 Main Street 6 SPECIAL CLASS “C” LIQUOR LICENSE Café Manna Java West, LLC Café Manna Java West+(Sunday Sale) 150 JFK Road Pusateri Enterprises, Inc. Pusateris+(Sunday Sale) 2400 Central Avenue Passed, approved and adopted this 2nd day of February, 2009 Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Legislative Correspondence: City Manager submitting correspondence to area State Legislators regarding the State’s budget proposal to reduce the state-funded Homestead Property Tax Credit. Upon motion the documents were received and filed. 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 Jones. Motion carried 7-0. Vacating of Property: City Manager recommending that a public hearing be set for February 16, 2009 to consider the vacating of Gillespie Street, Fink Street and the adjacent alley, which nd are now located within the West 32 Street Detention Basin. Upon motion the documents were received and filed and Resolution No. 40-09 Resolution of intent to vacate public interest in Gillespie Street, Fink Street, and adjacent alley 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 February 16, 2009 in the Historic Federal Building. RESOLUTION NO. 40-09 RESOLUTION OF INTENT TO VACATE PUBLIC INTEREST IN GILLESPIE STREET, FINK STREET, AND ADJACENT ALLEY IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, the Engineering Department has requested the vacating of Gillespie Street, Fink Street, and adjacent alley; and Whereas, MSA Professional Services has prepared and submitted to the City Council a plat showing the vacated portion of Gillespie Street, Fink Street, and adjacent alley, which hereinafter shall be known and described as part of Lot 1 of Gillespie’s Second Addition in the City of Dubuque, Dubuque County, Iowa, should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to vacate public interest in Gillespie Street, Fink Street, and adjacent alley in the City of Dubuque, Iowa. Section 2. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to vacate of said real estate to be published in the manner as prescribed by law. nd Passed, approved and adopted this 2 day of February, 2009. 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 February 16, 2009 to consider approval of the issuance of not to exceed $3,500,000 Sewer Revenue Capital Loan Notes for the planning and design of the Water Pollution Control Plant renovation project. Upon motion the documents were received and filed and Resolution 7 No. 41-09 Fixing date for a meeting on the authorization of a Loan and Disbursement Agreement and the issuance of not to exceed $3,500,000 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 February 16, 2009 in the Historic Federal Building. RESOLUTION 41-09 FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF A LOAN AND DISBURSEMENT AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $3,500,000 SEWER REVENUE CAPITAL LOAN NOTES OF DUBUQUE, IOWA, AND PROVIDING 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 $3,500,000, 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 Utility and shall be a first lien on the future 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 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 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 DUBUQUE, IOWA: Section 1. That this Council meet in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, at 6:30 o'clock P.M., on the 2nd day of February, 2009, for the purpose of taking action on the matter of the authorization of a Loan and Disbursement Agreement and the issuance of not to exceed $3,500,000 Sewer Revenue Capital Loan Notes to evidence the obligations of the City thereunder, the proceeds of which will be used to provide funds to pay the costs of acquisition, construction, reconstruction, extending, remodeling, improving, repairing and equipping all or part of the Municipal Sewer Utility, including those costs associated with design engineering and construction for upgrades to the Water Pollution Control Plant and implementation of the results of the Water Pollution Control Plant Study. 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, 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 meeting on the issuance of the Notes. 8 Section 3. The notice of the proposed action shall be in substantially the [provided] form: Passed and approved this 2nd day of February, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Neighborhood Stabilization Program: City Manager recommending that a public hearing be set for February 16, 2009 to receive comments on an application to the Iowa Department of Economic Development (IDED) for Neighborhood Stabilization Program funds. Upon motion the documents were received and filed and Resolution No. 42-09 Setting a public hearing on an application to the Iowa Department of Economic Development (IDED) for Neighborhood Stabilization Program funds was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on February 16, 2009 in the Historic Federal Building. RESOLUTION NO. 42- 09 SETTING A PUBLIC HEARING ON AN APPLICATION TO THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT (IDED) FOR NEIGHBORHOOD STABILIZATION PROGRAM FUNDS Whereas, the US Department of Housing and Urban Development (HUD) has made available funding to state and local governments to respond to the increased number of foreclosures, by passage of the Housing and Economic Recovery Act of 2008; and Whereas, IDED has allocated $444 328 of these Neighborhood Stabilization Program (NSP) funds to Dubuque, to acquire and redevelop foreclosed properties that might otherwise become sources of abandonment and blight; and Whereas, IDED requires that a municipality’s governing body hold a public hearing as a condition of application for these funds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council will meet in the Federal Building, Council Chambers, 350 th West 6 Street, Dubuque, Iowa at 6:30 pm on 16 February 2009 for the purpose of holding a public hearing and taking action on this application. Section 2. That the City Clerk be and she is hereby authorized and directed to publish a notice of such public hearing and the City Council’s intent to review and take action on the application for Neighborhood Stabilization Program funds. nd Passed, approved and adopted this 2 day of February 2009. Roy D Buol, Mayor Attest: Jeanne F Schneider, CMC, City Clerk BOARDS/COMMISSIONS Appointments were made to the following Commission: Community Development Advisory Commission. Two 3-year terms through February 15, 2012, Low/Moderate Income Area and At-Large Requirements (Terms of Wainwright and Stubben). Applicants: Hilary Stubben, 2433 Broadway Street (Low/Moderate Income Area); Thomas Wainwright, 1800 Elm Street (At- Large). Motion by Braig to appoint Hilary Stubben and Thomas Wainwright to the Community Development Advisory Commission for three-year terms through February 15, 2012. Seconded by Connors. Motion carried 7-0. 9 PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone present to address the City Council. Floodwall Levee Slope Stabilization Project: Proof of publication on notice of public hearing to consider approval of the plans and specifications, form of contract and estimated cost for the Floodwall Levee Slope Stabilization Project and City Manager recommending approval. Motion by Jones to receive and file the documents and adopt Resolution No. 43-09 Approving plans, specifications, form of contract, and estimated cost for the Floodwall Levee Slope Stabilization Project. Seconded by Lynch. Public Work Director Don Vogt provided photos of the area involved and gave an explanation of the project stating that there is not a problem with the floodwall. Motion carried 7-0. RESOLUTION NO. 43-09 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE FLOODWALL LEVEE SLOPE STABILIZATION PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Floodwall Levee Slope Stabilization Project, in the estimated amount $313,738.00, are hereby approved. Passed, adopted and approved this 2nd day of February, 2009. 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 Bricktown Liquor License Renewal: City Manager recommending approval of a six-month liquor license renewal for Bricktown Brewery. Motion by Connors to receive and file the documents and adopt Resolution No. 44-09 Granting the issuance of a six-month Class “C” Beer/Liquor License to Bricktown Brewery. Seconded by Lynch. Connors expressed concerns regarding how business owners are informed about providing proof of ownership per City and State Codes. City Attorney Lindahl stated this information is provided in the liquor application packet provided to applicants. Motion carried 7-0. RESOLUTION NO. 44-09 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 DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicant a Liquor License. 10 CLASS “C” BEER/LIQUOR LICENSE ( 6 Month ) RB Restaurant Management Bricktown Brewery+(Sunday Sale) 299 Main Street Passed, approved and adopted this 2nd day of February, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Development Agreement and Incentive Agreement – International Business Machines Corporation (Tabled on January 26, 2009): City Manager recommending that action on this item be tabled to February 16, 2009. Motion by Braig to remove from the table. Seconded by Connors. Motion carried 7-0. Motion by Braig to table a proposed resolution approving and authorizing execution of the Development Agreement between the City of Dubuque, Iowa, and Dubuque Initiatives, and the Incentive Agreement between the City and International Business Machines Corporation to February 16, 2009. Seconded by Voetberg. Motion carried 7-0. 15264 Middle Road – Request to Rezone (First Reading on January 20, 2009): Motion by Lynch 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 Motion by Lynch for final consideration and passage of Ordinance No. 2-09 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 15264 Middle Road from Dubuque County R-2 Single-Family Residential District to City CS Commercial Services and Wholesale District. Seconded by Connors. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 2-09 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 15264 MIDDLE ROAD FROM DUBUQUE COUNTY R-2 SINGLE- FAMILY RESIDENTIAL DISTRICT TO CITY OF DUBUQUE CS COMMERCIAL SERVICE AND WHOLESALE DISTRICT CONCURRENT WITH ANNEXATION. Whereas, Thomas D. and Karen K. Gerhard, property owners, have requested rezoning, concurrent with annexation, to the City of Dubuque in accordance with Section 2-3 of Appendix A (Zoning Ordinance) of the City of Dubuque Code of Ordinances; and Whereas, this request has been found to be consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter described property from Dubuque County R-2 Single-Family Residential District to City of Dubuque CS Commercial Service and th Wholesale District, to wit: Lot 1 Thomas Gerhard Place in Section 25 T89N R1E, 5 P.M.; and th to the centerline of the adjoining right-of-way in T89N R1E, 5 P.M.; all in Dubuque County, Iowa, that is proposed to be annexed to the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law, and at such time that the herein described property is legally annexed into the City of Dubuque, Iowa. 11 nd Passed, approved and adopted this 2 day of February, 2009. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 6 day of February, 2009. /s/Jeanne F. Schneider, CMC, City Clerk nd 607 East 22 Street – Request to Rezone (First Reading on January 20, 2009): 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 Braig. Motion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 3-09 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by nd reclassifying hereinafter described property located at 607 – 609 East 22 Street from C-1 Neighborhood Commercial District, with conditions, to C-1 Neighborhood Commercial District, with conditions. Seconded by Braig. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 3-09 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED ND PROPERTY LOCATED AT 607-609 E 22 STREET FROM C-1 NEIGHBORHOOD COMMERCIAL DISTRICT WITH CONDITIONS, TO C-1 NEIGHBORHOOD COMMERCIAL DISTRICT, WITH CONDITIONS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter-described property from C-1 Neighborhood Commercial District, with conditions, to C-1 Neighborhood Commercial District, with conditions, to wit: Lot 10 Sanford Subdivision, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. nd Passed, approved and adopted this 2 day of February, 2009. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk MEMORANDUM OF AGREEMENT Pursuant to the Iowa Code Section 414.5 (2007), and as an express condition of rezoning of the property described as: Lot 10 Sanford Subdivision, and to the center line of the adjoining public right-of-way, all in the City of Dubuque, Iowa, which is the subject of Ordinance No. 3- 09, a copy of which is attached hereto and incorporated herein by reference, the undersigned property owners, agree to the following conditions, all of which the property owner further agrees are reasonable and are imposed to satisfy public needs which are caused directly by the rezoning: A) Performance Standards 1) That gas stations are prohibited. 12 B) Modifications. Any modifications of this Agreement shall be considered a zoning reclassification and shall be subject to the provisions of the Zoning Ordinance governing zoning reclassifications. All such modifications must be approved by the City Council of Dubuque, Iowa. C) Recording. A copy of this Agreement shall be recorded with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this rezoning approval within ten (10) days of the adoption of Ordinance No. 3-09. D) Construction. This Agreement shall be construed and interpreted as though it were part of Appendix A of the Code of Ordinances of the City of Dubuque, also known as the Zoning Ordinance of the City of Dubuque, Iowa. E) This Agreement shall be binding upon the undersigned and his/her heirs, successor and assignees. ACCEPTANCE OF ORDINANCE NO. 3-09 I, Paul Wheelock, property owner, having read the terms and conditions of the foregoing Ordinance No. 3 09 and being familiar with the condition thereof, hereby accept the same and agree to the condition required therein. th Dated in Dubuque, Iowa this 16 day of January, 2009. /s/Paul Wheelock th Published officially in the Telegraph Herald Newspaper the 6 day of February, 2009. /s/Jeanne F. Schneider, CMC, City Clerk 777 Edwards Road – Amendment to Planned Unit Development District (First Reading on January 20, 2009): 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 Voetberg. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 4-09 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 777 Edwards Road from R-1 Single Family Residential District to PUD Planned Unit Development District with a PI Planned Industrial District designation and adopting a revised Conceptual Development Plan for Edwards Cast Stone. Seconded by Voetberg. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 4-09 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 777 EDWARDS ROAD FROM R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT TO PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PI PLANNED INDUSTRIAL DISTRICT DESIGNATION AND ADOPTING A REVISED CONCEPTUAL DEVELOPMENT PLAN FOR EDWARDS CAST STONE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter-described property from R-1 Single-Family Residential District to PUD Planned Unit Development District with a PI Planned Industrial District designation and adopting a revised conceptual development plan, a copy of which is attached to and made a part hereof, with conditions as: West 175 feet of Lot 2-1-1-1- 13 1-1-1 and Mineral Lot 510, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. That in order to accomplish the purposes of the PI Planned Industrial District and of the Zoning Ordinance, the above-described property is subject to the following conditions and restrictions: A. Use Regulations. The following regulations shall apply to all uses made of land in the above- described PI Planned Industrial District: 1) Principal permitted uses shall be limited to the following: a) Manufacture, storage or processing of concrete products, but not to include the manufacture of the raw substances comprising said concrete as a principal use. [33] b) Manufacture or assembly of musical instruments, toys, watches or clocks, medical, dental, optical, or similar scientific instruments orthopedic or medical appliances, signs or billboards. [33] c) Manufacture, assembly, repair or storage of electrical and electronic products, components or equipment. [33] 2) No secondary or contingency uses shall be permitted. 3) Accessory uses shall include any use customarily incidental and subordinate to the principal use it serves. B. Lot and Bulk Regulations. Development of land in the PI Planned Industrial District shall be regulated as follows: 1) All buildings and structures shall be constructed a minimum of 50 feet from all residential districts, a minimum of 20 feet from the proposed Edwards Road, with a maximum building height of 35 feet and maximum lot coverage of 50 percent. An asphalt overlay is required at this time. C. Performance Standards The development and maintenance of uses in this PI Planned Industrial District shall be established in conformance with the following standards of Section 3-5.5 of the PI Planned Industrial District. : 1) Street lighting shall be provided per City standards. All other lighting shall be with full cut-off design. 2) Landscaping and screening shall be provided as per Section 4-5.3. 3) Sufficient off-street parking spaces shall be provided on the site as determined by Section 4-2.7 of the Zoning Ordinance and identified by the bracket enclosed number next to each principal permitted use. All parking and vehicular use areas shall be hard-surfaced and meet the requirements of Section 4-4 of the Zoning Ordinance. 4) All utilities including telephone and cable television shall be installed underground. 5) A final site development plan shall be submitted in accordance with Section 4-4 of the Zoning Ordinance of the City of Dubuque, Iowa prior to construction as described on the attached conceptual development plan. No further grading, excavating or other land disturbing activity may occur before a final site plan is approved. D. Sign Regulations The sign regulations shall be the same as that which are allowed in the C-1 Neighborhood Shopping Center District as established in Section 4-3.11 14 Schedule of Sign Regulations of the Zoning Ordinance of the City of Dubuque, Iowa. E. Additional Standards 1) All uses established after the effective date of this ordinance shall operate in accordance with the following performance standards. a) Vibration. No activity or operation shall at any time cause earth vibration perceptible beyond the lot line of the lot on which the operation is located, except that vibration caused by blasting conducted in accordance with the requirements of Article III, chapter 26 of the Municipal Code, may exceed these limitations. b) Smoke, particulate matter and gases: No activity or operation shall be established which fails to meet the air quality regulations of the Iowa Department of Natural Resources. c) Odor: No activity or operation shall cause at any time the discharge of toxic or noxious odor beyond the lot line of the lot on which it is located. d) Noise: No activity or operation shall be carried on which involves noise in excess of the noise limitations for Light Industrial Districts set forth in Article VII, Chapter 26 of the Municipal Code. e) Glare: Glare, whether direct or reflected, such as from spot lights or high temperature processes, and as differentiated from general illumination, shall not be visible beyond the lot line of the lot on which the use is located. f) Wastes: All solid waste materials, debris, refuse or garbage shall be properly contained in a closed container designed for such purpose. No exterior incineration of trash or garbage is permissible. All liquid wastes shall be discharged in full compliance with appropriate City, State and Federal Regulations. Fire Hazard: No activity or operation shall be established which fails to meet the City’s Fire Code. Outdoor Storage: All outdoor storage shall be located in the PI District area and screened from the adjoining residential district by an appropriate screening or fence of at least six feet in height. F. Transfer of Ownership Transfer of ownership or lease of property in this PI District shall include the transfer or lease agreement a provision that the purchaser or lessee acknowledges awareness of the conditions authorizing the establishment of the district. Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 4. The foregoing amendment shall take effect upon publication, as provided by law. nd Passed, approved and adopted this 2 day of February, 2009. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 6 day of February, 2009. /s/Jeanne F. Schneider, CMC, City Clerk Oak Grove Sanitary Sewer and Water Main Extension Project (Tabled on January 20, 2009): Motion by Braig to remove from the table. Seconded by Connors. Motion carried 7-0. 15 Motion by Braig to receive and file the documents and adopt Resolution No. 45-09 Approving plans, specifications, form of contract, and estimated cost for the Oak Grove Sanitary Sewer and Water Main Extension Project; Resolution No. 46-09 With respect to the adoption of the Resolution of Necessity proposed for the Oak Grove Sanitary Sewer and Water Main Extension Project; and Resolution No. 47-09 Approvingschedule of assessments and estimate of total cost for the Oak Grove Sanitary Sewer and Water Main Extension Project. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 45-09 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE OAK GROVE SANITARY SEWER AND WATER MAIN EXTENSION PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Oak Grove Sanitary Sewer and Water Main Extension Project, in the estimated amount $174,781.26, are hereby approved. nd Passed, adopted and approved this 2 day of February, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 46-09 RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PROPOSED FOR THE OAK GROVE SANITARY SEWER AND WATER MAIN EXTENSION PROJECT Whereas, the City Council has proposed a Resolution of Necessity for the Oak Grove Sanitary Sewer and Water Main Extension Project and has given notice of the public hearing thereon as required by law; and Whereas, the public hearing has been held, all persons offering objections have been heard and consideration given to all objections and is pending before this Council; and Whereas, this is the time and place set as provided for the taking of action on the proposed Resolution of Necessity. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed Resolution of Necessity described above is hereby adopted, without amendment, and all objections filed or made having been duly considered are overruled. nd Passed, adopted and approved this 2 day of February, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 47-09 APPROVING SCHEDULE OF ASSESSMENTS AND ESTIMATE OF TOTAL COST FOR THE OAK GROVE SANITARY SEWER AND WATER MAIN EXTENSION PROJECT NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 16 That the attached plat, schedule of assessments, and estimate of total cost for the Oak Grove Sanitary Sewer and Water Main Extension Project are hereby approved. nd Passed, approved and adopted this 2 day of February, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Award of Contract – Oak Grove Sanitary Sewer and Water Main Extension Project: City Manager recommending award of the public improvement contract for the Oak Grove Sanitary Sewer and Water Main Extension Project to Drew Cook & Sons Excavating, Inc., in the amount of $117,926.00. Motion by Connors to receive and file the documents and adopt Resolution No. 48-09 Awarding public improvement contract for the Oak Grove Sanitary Sewer and Water Main Extension Project. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 48-09 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE OAK GROVE SANITARY SEWER AND WATER MAIN EXTENSION PROJECT Whereas, sealed proposals have been submitted by contractors for the Oak Grove Sanitary Sewer and Water Main Extension Project (the Project) pursuant to Resolution No. 12-09 and th Notice to Bidders published in a newspaper published in the City of Dubuque, Iowa on the 9 day of January, 2009. st Whereas, said sealed proposals were opened and read on the 21 day of January, 2009 and it has been determined that Drew Cook & Sons Excavating, Inc. of Dubuque, Iowa, with a bid in the amount of $117,926.50, 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 Drew Cook & Sons Excavating, Inc 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 February, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Valet Parking (First Reading on January 20, 2009): 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 Voetberg. Motion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 5-09 Amending City of Dubuque Code of Ordinances Sections 33-21 and 33-21.2 to provide for valet parking in the downtown business district by requiring businesses to obtain a special events permit and provide a plan for compliance with the Americans with Disabilities Act and Americans with Disabilities Act Accessibility Guidelines. Seconded by Lynch. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 5-09 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES SECTIONS 33-21 AND 33-21.2 TO PROVIDE FOR VALET PARKING IN THE DOWNTOWN BUSINESS DISTRICT BY REQUIRING BUSINESSES TO OBTAIN A SPECIAL EVENTS PERMIT AND PROVIDE A 17 PLAN FOR COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT AND AMERICANS WITH DISABILITIES ACT ACCESSIBILITY GUIDELINES Section 1. City of Dubuque Code of Ordinances § 33-21 is amended to read as follows: Sec. 33-21. Parade, Assembly, Valet Drop-Off Parking, Permit Required: (a) Before any group of persons shall collect or gather together or parade or march upon the streets of the city, or before any group of twenty-five (25) or more persons shall collect or gather together or parade or march upon the sidewalks of the city, they shall first obtain a permit from the City Manager, which permit, when issued, shall be without charge, and shall state the time, manner, and conditions of such march, parade, or assembly. (b) Before any for-profit organization or business shall offer valet drop-off parking, the organization or business shall first obtain a permit from the City Manager, which permit, when issued, shall be charged at the rate of four hundred dollars ($400.00) per year, and shall state the time, manner, and conditions of such valet drop-off parking. Section 2. City of Dubuque Code of Ordinances 33-21.2 is amended to read as follows: § Sec. 33-21.2. Application Form: (a) The application form for the use of any street or public place shall contain the following information: . . . . (13) Plan for compliance with the Americans with Disabilities Act and Americans with Disabilities Act Accessibility Guidelines (ADAAG). (14) Other information as the City Manager believes necessary to ensure public access and safety. . . . . Section 3. This Ordinance shall take effect on publication. nd Passed, approved and adopted this 2 day of February, 2009. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 6 day of February, 2009. /s/Jeanne F. Schneider, CMC, City Clerk Fiscal Year 2010 Operating Budget and Capital Improvement Program: City Manager submitting the Fiscal Year 2010 Operating Budget and Five Year Capital Improvement Program. Motion by Connors to receive and file the documents. Seconded by Jones. Motion carried 7-0. COUNCIL MEMBER REPORTS Resnick reported on citizen input he has received regarding the biking and walking accessibility of Dubuque streets and intersections as this pertains to the East-West Corridor Connectivity Study. Buol reported on his attendance at the recent U.S. Conference of Mayors and highlighted their Main Street Economic Recovery Plan for sustainable jobs and infrastructure. Four presidential advisors spoke of the administration’s focus on cities, green jobs, renewable fuels and directing stimulus to cities. He spoke with members of the 2016 Olympic Committee about the benefits of Dubuque and gathered information to pass on to Keith Rahe. He then highlighted events while attending the Presidential Inauguration, which included greeting the Colts Drum and Bugle Corps prior to their performing in the inaugural parade and attending the Midwestern Inaugural Ball. The Mayor stated that the presentation he and Assistant City 18 Manager Cindy Steinhauser gave on the City’s warehouse district at the New Partners for Smart Growth Conference in Albuquerque, New Mexico, was well received. CLOSED SESSION Motion by Jones to go into closed session at 7:25 p.m. regarding pending litigation pursuant to Chapter 21.5(1)(j) of the Code of Iowa. Seconded by Connors. Motion carried 7-0. Upon motion the City Council reconvened in open session at 7:59 p.m. stating that staff had been given proper direction. There being no further business, upon motion the City Council adjourned at 8:00 p.m. /s/Jeanne F. Schneider, CMC City Clerk 19