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Minutes_City Council 7 6 09 Regular CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Council met in regular session at 6:30 p.m. on July 6, 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 of the City Council to act upon such business that may properly come before the City Council. Pledge of Allegiance Invocation was provided by Monsignor Wayne Ressler of St. Raphael's Cathedral PROCLAMATION Dubuque County Fair Week (July 21 – 26, 2009) was accepted by Jamie Blum, 14742 Highway 20 West. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Voetberg. Connors requested (#7) Purchase of Service Agreement – Every Childe Every Promise be held for separate discussion. Motion carried 7-0. Item #31 Alcohol Compliance – Civil Penalty for Alcohol License Holders for Lot 1 was removed from the agenda. Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 5/26; Cable TV Teleprogramming Commission of 5/5; City Council of 6/15, 6/23 and 6/30; Civil Service Commission of 6/10; Community Development Advisory Commission of 5/27; Housing Commission of 5/26 Library Board of Trustees Update from Meeting of May 28, 2009 Proofs of publication of City Council Proceedings of June 1 and 8, 2009 and List of Claims and Summary of Revenues for Month of May 31, 2009 Upon motion the documents were received and filed. Notice of Claims/Suits: Edward Beresford for vehicle damage; Kathy Ostrander for property damage; Hagar Ent, LLC for property damage; Katherine Ann Dietzel 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 Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Susan Craven for vehicle damage; Kathy Ostrander for property damage; Hagar Ent, LLC for vehicle damage City Attorney recommending settlement of the claim of Ed Beresford for vehicle damage Upon motion the documents were received and filed and concurred. Purchase of Service Agreement – America’s River Corporation: City Manager recommending approval of a Fiscal Year 2010 Purchase of Service Agreement with the America’s River Corporation in the amount of $10,000. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement – Dubuque Area Chamber of Commerce Convention and Visitors Bureau: City Manager recommending approval of a Fiscal Year 2010 Purchase of Service Agreement with the Dubuque Area Chamber of Commerce Convention and Visitors Bureau in the amount of $783,654. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement – Dubuque Area Labor Management Council: City Manager recommending approval of a Fiscal Year 2010 Purchase of Service Agreement with the Dubuque Area Labor Management Council in the amount of $30,000. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement – Dubuque Main Street: City Manager recommending approval of a Fiscal Year 2010 Purchase of Service Agreement with Dubuque Main Street in the amount of $49,276 and $10,000. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement – Every Child Every Promise: City Manager recommending approval of a Fiscal Year 2010 Purchase of Service Agreement with Every Child Every Promise in the amount of $25,000. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement – Greater Dubuque Development Corporation: City Manager recommending approval of a Fiscal Year 2010 Purchase of Service Agreement with the Greater Dubuque Development Corporation in the amount of $95,613 for economic development services, $100,000 for Destination for Opportunity, $100,000 for Dubuque Works, $35,000 towards a partnership with Dubuque Initiatives to be used to partially assist in funding a position for Dubuque area retail expansion services, and $40,000 for marketing commercial and industrial parks owned by the City. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement – Helping Services of Northeast Iowa, Inc.: City Manager recommending approval of a Fiscal Year 2010 Purchase of Service Agreement with Helping Services of Northeast Iowa, Inc., in the amount of $2,147. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement – Hills and Dales Senior Programs: City Manager recommending approval of a Fiscal Year 2010 Purchase of Service Agreement with Hills and Dales in the amount of $25,000. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement – Northeast Iowa Business Accelerator (NIBA) Business Plan: City Manager recommending approval of a Fiscal Year 2010 Purchase of Service Agreement with Northeast Iowa Community College in the amount of $5,000 for the Business Accelerator Business Plan. Upon motion the documents were received, filed, and approved. 2 Purchase of Service Agreement – Project Concern Foster Grandparent Program: City Manager recommending approval of a Fiscal Year 2010 Purchase of Service Agreement with Project Concern in the amount of $6,113 for the Foster Grandparent Program. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement – Project Concern Information and Referral and Child Care Referral: City Manager recommending approval of a Fiscal Year 2010 Purchase of Service Agreement with Project Concern in the amount of $25,821 to Project Concern, Inc., for the Information and Referral Program, plus a payment of $9,098 for the Child Care Resource and Referral Program. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement – Retired and Senior Volunteer Program: City Manager recommending approval of a Fiscal Year 2010 Purchase of Service Agreement with the Retired and Senior Volunteer Program in the amount of $7,341. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement – Substance Abuse Services Center: City Manager recommending approval of a Fiscal Year 2010 Purchase of Service Agreement with the Substance Abuse Services Center in the amount of $14,013. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement – Washington Tool Library: City Manager recommending approval of a Fiscal Year 2010 Purchase of Service Agreement with the Washington Tool Library in the amount of $15,500. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement – Opening Doors for Emergency Housing: City Manager recommending approval of a Fiscal Year 2010 Purchase of Service Agreement with Opening Doors in the amount of $10,000 for emergency and transitional housing. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement – Opening Doors (Maria House and Theresa Shelter): City Manager recommending approval of a Fiscal Year 2010 Purchase of Service Agreement with Opening Doors in the amount of $5,000 to help provide emergency and transitional housing and services for women and children at Teresa Shelter and Maria House. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement – Operation: New View: City Manager recommending approval of a Fiscal Year 2010 Purchase of Service Agreement with Operation: New View in the amount of $18,805. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement – St. Mark’s Community Center: City Manager recommending approval of a Fiscal Year 2010 Purchase of Service Agreement with St. Mark’s Community Center in the amount of $15,000. Upon motion the documents were received, filed, and approved. Civil Service Commission: Civil Service Commission submitting the certified lists for the positions of GIS Specialist, Parking System Technician and Engineering Technician. Upon motion the documents were received and filed and made a Matter of Record. 3 2008 Tax Appeal – Stipulation of Settlement: City Attorney submitting a Stipulation of Settlement in the 2008 tax assessment appeal of NEZTROP, LLC for a vacant lot located along Highway 20. Upon motion the documents were received and filed. 2009 Tax Appeal – Stipulation of Settlement: City Attorney correspondence regarding a proposed settlement of the 2009 tax assessment appeal of NEZTROP, LLC. Upon motion the documents were received and filed. Workers’ Compensation Excess Insurance: City Manager recommending approval of the renewal proposal from Safety National for the City’s workers’ compensation excess insurance. Upon motion the documents were received, filed, and approved. Specific and Aggregate Stop Loss Insurance Renewal: City Manager recommending approval of the renewal rates submitted by Companion Life for the City’s specific and aggregate stop loss insurance – health and prescription drug plans. Upon motion the documents were received, filed, and approved. Urban Renewal Tax Increment Revenue Notes – 40 Main, LLC: City Manager recommending approval of the issuance of $690,529 in Urban Renewal Tax Increment Revenue Notes to support a mixed use redevelopment of the building at 40 Main Street by 40 Main, LLC. Upon motion the documents were received and filed and Resolution No. 210-09 Authorizing and providing for the issuance of $690,529 Urban Renewal Tax Increment Revenue Notes, Taxable Series 2009 (40 Main LLC Project) of the City of Dubuque, Iowa, and providing for the securing of such notes for the purpose of carrying out an urban renewal project in the area of the City of Dubuque, Iowa designated as the Greater Downtown Urban Renewal District was adopted. Finance and Utility Billing Department Staffing: City Manager recommending approval of changes to staffing in the Finance and Utility Billing Department. Upon motion the documents were received, filed, and approved. AmeriCorps Grant: City Manager recommending approval of the grant agreement with the Iowa Commission on Volunteer Service for the City of Dubuque AmeriCorps Program. Upon motion the documents were received, filed, and approved. McEvoy Street – Plat Approval: City Manager recommending approval of the plats of Lot B and C of Bonson and Stewart’s Subdivision. Upon motion the documents were received and filed and Resolution No. 211-09 Approving plat of Lot B of Bonson and Stewart’s Subdivision and Resolution No. 212-09 Approving plat of Lot C of Bonson and Stewart’s Subdivision were adopted. Wellness Program Consultant: City Manager recommending approval of the selection of Cottingham and Butler Healthceck360 to provide a wellness program for City of Dubuque employees. Upon motion the documents were received, filed, and approved. Alcohol Compliance – Civil Penalty for Alcohol License Holders: City Manager recommending approval of the Acknowledgement/Settlement Agreements for a first offense alcohol compliance violation for Happy’s Place, Ron’s Discount Smokes & Beverage Center, 4 Dubuque Bowling Lanes, Road Ranger #159, Europa Haus Restaurant; and to approve the second offense alcohol compliance violation for Phillip’s 66 – Arby’s. Upon motion the documents were received, filed, and approved. Tobacco Compliance – Civil Penalty for Tobacco License Holder: City Manager recommending approval of the Acknowledgement/Settlement Agreements for first offense tobacco compliance violation for Ron’s Discount Smokes & Beverage Center, a second offense tobacco compliance violation for Road Ranger #159, and a third offense tobacco compliance violation for Phillips 66 – Arby’s; and to accept and approve the Acknowledgement/Settlement Agreement for a third offense civil penalty for AWN Stop Mart #2 upon payment of the violation. Upon motion the documents were received, filed, and approved. Rush Street Reconstruction Project: City Manager recommending acceptance of the construction contract and the establishment of the Final Schedule of Assessments for the Rush Street Reconstruction Project – Bryant Street to Villa Street. Upon motion the documents were received and filed and Resolution No. 213-09 Accepting the Rush Street Reconstruction Project – Bryant Street to Villa Street and authorizing payment of the contract amount to the contractor and Resolution No. 214-09 Adopting the final assessment schedule for the Rush Street Reconstruction Project – Bryant Street to Villa Street were adopted. Southwest Arterial – Designation of Acquisition Agent: City Manager recommending approval of the designation of the City Engineer as the Acquisition Agent for the Southwest Arterial right-of-way acquisitions. Upon motion the documents were received and filed and Resolution No. 214A-09 Authorizing the City Engineer to execute necessary documents on behalf of the City of Dubuque for right-of-way property acquisitions for the Southwest Arterial Project was adopted. Project HOPE Contract: City Manager recommending approval of the contract of services with the Community Foundation of Greater Dubuque to assist in achieving the Project HOPE objectives at the estimated cost of $65,000, which was included in the FY 2010 budget. Upon motion the documents were received, filed, and approved. Economic Development Administration (EDA) Contract Amendment: City Manager recommending approval of an amendment to the Financial Assistance Award from the Economic Development Administration (EDA) for the added scope of studying the potential for district energy in the Historic Millwork District. Upon motion the documents were received and filed and Resolution No. 215-09 Approving a financial assistance award from the Economic Development Administration (EDA) was adopted. Lead Hazard Reduction Grant: City Manager recommending approval of an amendment to the current Lead Hazard Reduction Program contract to increase the per-unit forgivable loan from $6,000 to $12,000. Upon motion the documents were received, filed, and approved. Fiscal Year 2010 Community Development Block Grant (CDBG) Agreement: City Manager recommending approval of the Fiscal Year 2010 Community Development Block Grant (CDBG) Agreement with the U.S. Department of Housing and Urban Development in the amount of $1,236,260. Upon motion the documents were received and filed and Resolution No. 216-09 Authorizing execution of a Community Development Block Grant Agreement with the U.S. Department of Housing and Urban Development was adopted. 5 City Manager Employment Agreement: Submittal of the Nineteenth Amendment to the City Manager’s Employment Agreement for approval. Upon motion the document was received, filed, and approved. Bee Branch Creek Restoration Project – Purchase of Property: City Manager recommending acceptance of the warranty deed for property purchased from Milton Schwartz at 1597 Maple Street as part of the Bee Branch Creek Restoration Project. Upon motion the documents were received and filed and Resolution No. 217-09 Approving the acquisition of real estate owned by Milton E. Schwartz in the City of Dubuque was adopted. Dubuque Main Street, Ltd. Program Agreement: City Manager recommending approval of a Program Agreement between Dubuque Main Street, Ltd., the City of Dubuque and the Iowa Department of Economic Development. Upon motion the documents were received and filed and Resolution No. 218-09 Resolution of Support and financial commitment for the Main Street Program in Dubuque, Iowa, was adopted. Enterprise Zone Appointment: City Manager recommending confirmation of the at-large appointment of Richard Stein to the City’s Enterprise Zone Commission. Upon motion the documents were received, filed, and approved. Government Finance Officers Association: City Manager advising that the City has received st for the 21 consecutive year the Government Finance Officers Association Certificate of Achievement for Excellence in Financial Reporting for the City’s Comprehensive Annual Financial Report for the fiscal year ended June 30, 2008. Upon motion the documents were received and filed. Signed Contracts: Kephart Building Improvement Project; Request for Additional Services No. 6; Property Insurance Renewal Contract; Dubuque Industrial Center West – North Siegert Farm Phase III Project Contract; and Pitney Bowes – Printing and Mailing Equipment Lease. Upon motion the documents were received and filed. Liquor License Refund: Request of Mary Hoffman for a refund of the liquor license for The White House. Upon motion the document was received, filed, and approved. Liquor License Transfers: Request of the Dubuque County Historical Society to transfer their liquor license to 501 Bell Street on August 1, 2009 for the Taste of Dubuque. Request of the Rotary Club of Dubuque to transfer their liquor license to the Alliant Energy Outdoor Amphitheater on July 25, 2009 for the Rock and Soul Reunion. Upon motion the documents were received, filed, and approved. Business Licenses: City Manager recommending approval of annual liquor license renewals as submitted. Upon motion the documents were received and filed and Resolution No. 219-09 Granting the issuance of one new license to sell cigarettes and cigarette papers within the City of Dubuque; Resolution No. 220-09 Granting the issuance of twenty-five renewal licenses to sell cigarettes and cigarette papers within the City of Dubuque; and Resolution No. 221-09 Granting the issuance of a Class “C” Beer/Liquor License to Bricktown Brewery, Denny’s Lux Club, Fischer Lanes, Paul’s Tavern, Diamond Jo Casino, Knickers Saloon, Murph’s Southend and House of China; a Class “C” Beer/Liquor License (5-Day Special Event) to Dubuque Area 6 Labor Management; and a Class “WBN” Native Wine License to Tredway House Bed and Breakfast were adopted. ITEMS TO BE SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, adopt the resolutions, set the public hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Braig. Motion carried 7-0. Water Revenue Capital Loan Notes: City Manager recommending that a public hearing be set for July 20, 2009 to consider the issuance of not to exceed $8,000,000 Water Revenue Capital Loan Notes. Upon motion the documents were received and filed and Resolution No. 222-09 Fixing date for a meeting on the authorization of a loan and disbursement agreement and the issuance of not to exceed $8,000,000 Water 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 July 20, 2009 in the Historic Federal Building. Iowa 32 Hike / Bike Trail Phase 2 Project: City Manager recommending initiation of the public bidding process for the Iowa 32 Hike / Bike Trail Phase 2 Project and that a public hearing be set for July 20, 2009. Upon motion the documents were received and filed and Resolution No. 223-09 Preliminary approval of plans, specifications, form of contract, and estimated cost for the Iowa 32 Hike / Bike Trail Phase 2 Project; Resolution No. 224-09 Setting date of public hearing on plans, specifications, form of contract, and estimated cost for the Iowa 32 Hike / Bike Trail Phase 2 Project; and Resolution No. 225-09 Ordering the advertisement for bids for the Iowa 32 Hike / Bike Trail Phase 2 Project were adopted setting a public hearing for a meeting to commence at 6:30 p.m. on July 20, 2009 in the Historic Federal Building. Trail Project at Bergfeld Recreation Area: City Manager recommending initiation of the public bidding process for the Trail Project at Bergfeld Recreation Area and that a public hearing be set for July 20, 2009. Upon motion the documents were received and filed and Resolution No. 226-09 Preliminary approval of plans, specifications, form of contract, and estimated cost for the Trail Project at Bergfeld Recreation Area; Resolution No. 227-09 Setting date of public hearing on plans, specifications, form of contract, and estimated cost for the Trail Project at Bergfeld Recreation Area; and Resolution No. 228-09 Ordering the advertisement for bids for the Trail Project at Bergfeld Recreation Area were adopted setting a public hearing for a meeting to commence at 6:30 p.m. on July 20, 2009 in the Historic Federal Building. E.B. Lyons Nature Center Addition Project: City Manager recommending initiation of the public bidding process for the E.B. Lyons Nature Center Addition Project and that a public hearing be set for July 20, 2009. Upon motion the documents were received and filed and Resolution No. 229-09 Preliminary approval of plans, specifications, form of contract, and estimated cost for the E.B. Lyons Nature Center Addition Project; Resolution No. 230-09 Setting date of public hearing on plans, specifications, form of contract, and estimated cost for the E.B. Lyons Nature Center Addition Project; and Resolution No. 231-09 Ordering the advertisement for bids for the E.B. Lyons Nature Center Addition Project were adopted setting a public hearing for a meeting to commence at 6:30 p.m. on July 20, 2009 in the Historic Federal Building. 7 thth Locust Street Resurfacing – 9 to 17 Streets Project: City Manager recommending thth initiation of the public bidding process for the Locust Street Resurfacing – 9 to 17 Streets Project and that a public hearing be set for July 20, 2009. Upon motion the documents were received and filed and Resolution No. 232-09 Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost; and ordering the advertisement for bids for the Locust thth Street asphalt resurfacing project (9 Street to 17 Street) Iowa DOT Project No.. STP-U-2100 (641)--70-31 was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on July 20, 2009 in the Historic Federal Building. BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions. Building Code Board of Appeals: Two 3-year terms through August 1, 2012 (Terms of Carr and Luchsinger) At-large and General Contractor requirements. Applicants: Richard Luchsinger, 2875 Brueck Road (At-Large Reappointment); Chuck Carr, 1705 Kathy Drive (General Contractor reappointment) Library Board of Trustees: Three 4-year terms referenced with expiration dates contingent upon proposed ordinance which will re-stagger terms: 2 terms through July 1, 2010; and 1 term through July 1, 2013 (Terms of Guns, Kolz, and Willis). Applicants: Diann Guns, 1715 Diane Court (Seeking reappointment through July 1, 2010); Beverly Kolz, 2206 Simpson Street (Seeking reappointment through July 1, 2010); Gail Murphy, 3096 Oak View Court (First-time th applicant); Lorri Regan, 2659 Queen Street (First-time applicant); Mike Willis, 1365 W. 5 Street (Seeking reappointment through July 1, 2013). Ms. Guns, Ms. Kolz, Ms. Murphy, and Mr. Willis all spoke in support of their appointments. Appointments to the following Boards/Commissions: Historic Preservation Commission - Designation of Service Areas: Three At-Large Commissioners and One Cathedral Historic District Interim Commissioner (at-large terms of Olson and Bichell, interim term of Knight). Appointees: Christen Happ Olson, 1090 Grove Terrace; Michael Knight, 942 Mt. Pleasant th Street; Mary Loney Bichell, 595 W. 11 Street; and Peggy Stover, 1145 Locust Street. Upon roll call vote Ms. Olson, Mr. Knight, and Ms. Bichell were assigned to at-large positions and Ms. Stover was assigned to the Cathedral Historic District as Interim Commissioner. Upon motion the rules were reinstated limiting discussion to the City Council. PUBLIC HEARINGS Dubuque Industrial Center – Planned Unit Development District (Tabled on April 6, 2009): City Manager requesting that this item be tabled to December 7, 2009. 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 Connors to remove from table. Seconded by Braig. Motion carried 7-0. Motion by Braig 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 8 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 to December 7, 2009. Seconded by Jones. Motion carried 7-0. Pennsylvania Avenue from IA 32 to Vizaleea Drive Safety Improvements Project, Phase II: Proof of publication on notice of public hearing to consider the plans, specifications, form of contract, and estimated cost for the Pennsylvania Avenue from IA 32 to Vizaleea Drive Safety Improvements Project and City Manager recommending approval. Motion by Jones to receive and file the documents and adopt Resolution No. 233-09 Approving plans, specifications, form of contract, and estimated cost for the Pennsylvania Avenue from IA 32 to Vizaleea Drive Safety Improvements Project. Seconded by Lynch. Motion carried 7-0. Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Greater Dubuque Development Corporation: Rick Dickinson, Executive Director of the Greater Dubuque Development Corporation, 816 River Street, Sabula, provided a verbal report and video on the activities of GDDC. Motion by Jones to receive and file. Seconded by Braig. Motion carried 7-0. Library Board of Trustees: City Manager recommending that the Library Board of Trustees terms of service be staggered to avoid five of the seven trustee positions becoming vacant at one time. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Jones. Motion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 34-09 Amending City of Dubuque Code of Ordinances Chapter 30 Library, Section 3-04 Board of Trustees- Terms of Members; Filling of Vacancies by providing for staggered terms for Board Members. Seconded by Braig. Motion carried 7-0. Millwork District – Consultant Selection: City Manager recommending approval of the selection of Veenstra & Kimm/JJR as the consultant for the Millwork District Streetscape, Street and Utility Improvement Project. Motion by Connors to receive and file the documents and approve the recommendation. Seconded by Lynch. Motion carried 7-0. North Fork Catfish Creek Sanitary Sewer Project – Phase II: City Manager recommending award of the public improvement contract for the North Fork Catfish Creek Stormwater and Sanitary Sewer Improvements Project – Phase II to Portzen Construction, Inc., in the amount of $997,168. Motion by Jones to receive and file the documents and adopt Resolution No. 234- 09 Awarding public improvement contract for the North Fork Catfish Creek Sanitary Sewer Project – Phase II. Seconded by Voetberg. Motion carried 7-0. Dubuque Industrial Center West – North Siegert Farm Phase III Project: City Manager recommending award of the public improvement contract for the Dubuque Industrial Center West – North Siegert Farm Phase III Project to Horsfield Construction, Inc., in the amount of $700,167.69. Motion by Lynch to receive and file the documents and adopt Resolution No. 235-09 Awarding the public improvement contract for the Dubuque Industrial Center West – North Siegert Farm Phase III Project. Seconded by Braig. Motion carried 7-0. 9 National Mississippi River Museum and Aquarium River Center Project – Phase II: City Manager recommending award of the public improvement contract for the National Mississippi River Museum and Aquarium River Center Project – Phase II. Motion by Connors to table the proposed resolution Awarding public improvement contract for the National Mississippi River Museum and Aquarium River Center Project – Phase II for a special meeting to commence at 5:00 p.m. on July 9, 2009 in the Historic Federal Building. Seconded by Voetberg. Motion carried 7-0. Code of Ordinance Amendment – General Penalty Update: City Manager recommending approval of adjusting the City’s municipal penalties to match the changes to State law. 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. 35-09 Amending the City of Dubuque Code of Ordinances Section 1-8 General Penalty by referencing Iowa Code Section 903.1 which provides the penalty for simple misdemeanors. Seconded by Lynch. Motion carried 7-0. Staffing: City Manager recommending approval of the creation of a twenty-five hour per week position to submit competitive grant applications for Federal Stimulus money and to coordinate reporting requirements when grants are received and reservation of $102,475 to react to other needs and funding opportunities. Motion by Jones to receive and file the documents and approve the recommendation. Seconded by Connors. Motion carried 7-0. There being no further business, upon motion the City Council adjourned at 7:15 p.m. /s/Jeanne F. Schneider, CMC City Clerk 1t 7/15 10