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Minutes City Council 5 16 05 CITY OF DUBUQUE, IOWA COUNCIL PROCEEDINGS OFFICIAL City Council, Regular Session, May 16, 2005 Council met at 6:30 P.M. in the Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Connors, Markham, Michalski, Nicholson, City Manager Van Milligen, Corporation Counsel Lindahl Mayor Duggan read the call and stated this is a regular session called for the purpose of discussing such matters which may properly come before the Council. Invocation was given by Eric Johnson, Deacon, S1. John Episcopal Church Proclamations: Historic Preservation Week (May 16 - 22, 2005) received by Planning Services Manager Laura Carstens and Nursing Home Month (May, 2005) received by Donna Fransen. CONSENT ITEMS Minutes and Reports Submitted: Airport Commission of 4/25; Arts and Cultural Affairs Advisory Commission of 4/13 and 4/26; City Council of 5/2; Community Development Advisory Commission of 4/6; Five Flags Commission of 3/21; Historic Preservation Commission of 4/21; Human Rights Commission of 4/11; Investment Oversight Advisory Commission of 4/27; Plumbing Board of 5/10; Zoning Advisory Commission of 5/4; Zoning Board of Adjustment of 4/28, upon motion received and filed. Investment Oversight Advisory Commission submitting the 44th Quarterly Report, upon motion received and filed. Library Board of Trustees Update from meeting of April 28, 2005, upon motion received and filed. Substance Abuse Services Center third quarter report for Fiscal Year 2005, upon motion received and filed. City of Dubuque Financial Reports for the month ending April 30, 2005 (On file in City Clerk's Office), upon motion received and filed. Notice of Claims/Suits: Robert Butler, Sr. for property damage, upon motion received and filed and referred to Legal for investigation. Corporation Counsel advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: James and Debbie Matheos for property damage; Bruce Rutz for personal injury, upon motion received and filed and concurred. Butler's Hill Second Addition - Final Plat: Zoning Advisory Commission recommending approval of the final plat of Butler's Hill, Second Addition located in Dubuque County as requested by David Schneider/Dean Butler, upon motion received and filed. Buol moved adoption of Resolution No. 213- 05 Approving the final plat of Butler's Hill, Second Addition, in Dubuque County, Iowa. Seconded by Nicholson. Motion carried 7-0. Landfill North Subdivision - Final Plat: Zoning Advisory Commission recommending approval of the final plat of Lots 1 and 2 Landfill North Subdivision located on Highway 20 West as requested by the Dubuque Metropolitan Area Solid Waste Agency, upon motion received and filed. Buol moved 1 adoption of Resolution No. 214-05 Approving the final plat of Lots 1 and 2 Landfill North Subdivision in Dubuque County, Iowa. Seconded by Nicholson. Motion carried 7-0. Landfill West Subdivision - Final Plat: Zoning Advisory Commission recommending approval of the final plat of Lots 1 and 2 Landfill West Subdivision located on Highway 20 West as requested by the Dubuque Metropolitan Area Solid Waste Agency, upon motion received and filed. Buol moved adoption of Resolution No. 215-05 Approving the final plat of Lots 1 and 2 Landfill West Subdivision in Dubuque County, Iowa. Seconded by Nicholson. Motion carried 7-0. Henschel - McNamer Place - Final Plat: Zoning Advisory Commission recommending approval of the final plat of Henschel - McNamer Place, Plat #2 located west of the Miller Road terminus as requested by Dave Schneider/Marty McNamer, upon motion received and filed. Buol moved adoption of Resolution No. 216-05 Approving the final plat of Henschel-McNamer Place Plat #2 in Dubuque County, Iowa. Seconded by Nicholson. Motion carried 7-0. Tax Assessment Appeal - Stipulation of Settlement: Corporation Counsel submitting a Stipulation of Settlement of a tax assessment appeal by Charles R. Huntley and Susan K. Huntley, upon motion received and filed and approved settlement. Tax Assessment Appeal - Stipulation of Settlement: Corporation Counsel submitting a Stipulation of Settlement of a tax assessment appeal by Amy S. Boynton, upon motion received and filed and approved settlement. Hillcrest Family Services: Communication to the Iowa Department of Human Services in support of Hillcrest Family Services' application for PATH funding, upon motion received and filed and approved letter. Legislative Correspondence: Communication to area legislators encouraging a "no" vote on HF 847, a property tax limitation bill that would negatively impact the available property tax base for cities, upon motion received and filed and approved. Communication to State Senators encouraging their support of Amendment S-3310 of HF 882, the Standing Appropriations bill, upon motion received and filed and approved. Communication to area legislators thanking them for their support in retaining the rights of cities to form a municipal utility and to encourage a "no" vote for HF 861, the telecommunications utility legislation and the proposed amendment H-1474, upon motion received and filed and approved Communication to Representatives Pat Murphy and Thomas Schueller encouraging a "no" vote for HF 861, the telecommunication utility legislation and the proposed amendment H-1474, upon motion received and filed and approved recommendation. State Historical Society of Iowa: Communication from the State Historical Society of Iowa advising that the Upper Main Street Historic District has been listed in the National Register of Historic Places effective April 11, 2005, upon motion received and filed. Fiscal Year 2006 Wage Plan and Benefit Package for Non-Bargaining Unit Employees: City Manager recommending approval of the Fiscal Year 2006 Wage Plan and Benefit Package for Non- Bargaining Unit Employees effective July 1, 2005, upon motion received and filed. Buol moved adoption of Resolution No. 217-05 Approving the Wage Plan and Benefit Package for Non-Bargaining Unit Employees for Fiscal Year 2006. Seconded by Nicholson. Motion carried 7-0. 2 Aquila - Proposed Rate Increase: Notification from Aquila of a filing made with the Iowa Utilities Board (IUB) for an increase in natural gas rates, upon motion received and filed. Claims - Water Main Break: Corporation Counsel recommending denial of the claims of Lois Bublitz and Dianne Stonskas for property damage, upon motion received and filed and approved denial. Heron Pond Fishing Pier Plaque: City Manager recommending approval of a request from the Mississippi Walleye Club to place a stone and brass plaque at the Heron Pond Fishing Pier listing the organizations that made the pier possible, upon motion received and filed and approved request. Mediacom - FCC Petition: City Manager submitting information on the filing of a Reply In Opposition to Mediacom's FCC Petition for Special Relief, upon motion received and filed. Mediacom: May 4, 2005 Telegraph Herald article with Mediacom Regional Vice President for Eastern Iowa and Northern Illinois, Scott Westerman, advising there will be a rate increase this year for Dubuque cable subscribers, upon motion received and filed. Department of Health and Human Services: City Manager advising that the City will be assisting the U.S. Department of Health and Human Services Centers for Medicare and Medicaid with publicizing the availability of prescription drug coverage for Medicare recipients, upon motion received and filed. Amended and Restated Application for Voluntary Annexation: Communication from John D. Freund, on behalf of the City of Sageville, forwarding an Amended and Restated Application for Voluntary Annexation and notice of a public hearing to be held on June 7,2005, upon motion received and filed and referred to the City Manager. Capital Improvement Program - Airport: City Manager recommending approval of the reallocation of $14,000 from the approved Corporate Ramp Repair CIP to a Water Main Extension CIP to extend the water main to the Airport's Commercial Park, upon motion received and filed and approved recommendation. Residential Parking Permit District Petition: Petition from citizens requesting a Residential Parking Permit District in the West 17th/Catherine StreetlWest 16th Street area, upon motion received and filed and referred to the City Manager. Clarke Drive - Pedestrian Safety: City Manager recommending support for a proposed concept from Clarke College to slow down traffic and provide a safer pedestrian crossing on Clarke Drive between the Atrium and Kehl Center, upon motion received and filed and approved recommendation. Liquor License Transfer: Request of Hy-Vee, Inc. to change the name on their liquor license for the premise at 3500 Dodge Street from Hy-Vee Food Store to Hy-Vee Wine and Spirits, upon motion received and filed and approved recommendation. Business Licenses: Buol moved adoption of Resolution No. 218-05 Granting the issuance of a Class "B" Beer (5-Day Special Event) Permit to Dubuque Jaycees and Catfish Festival; Class "B" Beer Permit to The Pizza Ranch; and Class "C" Beer Permit to Hy-Vee Food Store, Keywest Conoco, Casey's General Store #2420, Casey's General Store #2421 and McCann's Service and Resolution No. 219-05 Granting the issuance of a Class "A" (Club) Liquor License to Dubuque Golf and Country Club; Class "C" Beer/Liquor License to Breaktime Bar and Grill, Bartinis on Main, Catfish Charlie's, Easy Street, Denny's Lux Club, and Fat Tuesdays; Special Class "C" Liquor License to Athenian Grill; and Class "B" Wine Permit to Hy-Vee Food Store. Seconded by Nicholson. Motion carried 7-0. 3 ITEMS TO BE SET FOR PUBLIC HEARING Bergfeld Recreation Area Development Project: City Manager recommending initiation of the public bidding process for the Bergfeld Recreation Area Development Project and that a public hearing be set for June 20, 2005, upon motion received and filed. Michalski moved adoption of Resolution No. 220-05 Preliminary approval of plans and specifications; Resolution No. 221-05 Setting date of hearing on plans and specifications for 6/20/05 at a meeting to commence at 6:30 P.M. in the public library auditorium and direct the City Clerk to publish notice in the manner prescribed by law and Resolution No. 222-05 Ordering bids. Seconded by Cline. Motion carried 7-0. Dubuque Industrial Center West Third Addition/Contract B - Paving, Drainage and Utilities Project: City Manager recommending initiation of the public bidding process for the Dubuque Industrial Center West Third Addition/Contract B - Paving, Drainage and Utilities Project and that a public hearing on the plans and specifications be set for June 20, 2005, upon motion received and filed. Michalski moved adoption of Resolution No. 223-05 Preliminary approval of plans and specifications; Resolution No. 224-05 Setting date of hearing on plans and specifications for 6/20/05 at a meeting to commence at 6:30 P.M. in the public library auditorium and direct the City Clerk to publish notice in the manner prescribed by law and Resolution No. 225-05 Ordering bids. Seconded by Cline. Motion carried 7-0. BOARDS/COMMISSIONS Appointments to the following Boards/Commissions: Civil Service Commission (Mayor Appointment - One four-year term through 4/6/09 - Term of Duehr) Applicant: Merle J. Duehr, Jr. Mayor Duggan appointed Merle J. Duehr, Jr. to a four year term which will expire April 6,2009. Upon motion Council approved the appointment. Mechanical Code Board (Two three-year terms through 3/15/08 - Terms of Giese and Grothe) Applicants: David Cleek, Tom W. Giese, David W. Grothe, Sean O'Malley Upon vote, Tom W. Giese and David W. Grothe were reappointed to the Mechanical Code Board for terms that will expire 3/15/08. PUBLIC HEARINGS Upon motion the rules were suspended to allow anyone present to address the Council. John Gronen/Boyes Auto - Request to Rezone: Proof of publication on notice of hearing to consider rezoning property located at 1798 Washington Street from LI Light Industrial District to OR Office Residential District as requested by John Gronen/Boyes Auto and Zoning Advisory Commission recommending approval, upon motion received and filed. John Gronen, 1766 Plymouth Court, reviewed the concept of the project stating it would be one and two bedroom units on the upper floors with commercial/retail on the first floor. He further explained that he would be partnering with Community Housing Initiatives, who have done many projects of this type that have been well received in other communities. In response to a question, he stated he is working with the Leisure Services Department and Housing and Community Development Department on the development of mini-parks in the area of the project. Lea Sullivan, 952 Southern, spoke in favor of the project and the investment that was being made. Teresa Caldwell, 1633 Elm Street, spoke objecting to the project as there was no place for the children to play and that it was too much in one area. 4 Janice Craddieth, 1725 Washington, stated she was speaking on behalf of her neighbors in opposition to the plan. Jerry Cottrell, 623 Garfield Avenue, expressed concerns about rising crime with the additional people in the area. Ron Moxon, Lighthouse Baptist Church - 1690 Elm, was concerned about no place safe for the children to play. Jerry Maro, Dubuque Landlord's Association, strongly opposed the project as the current vacancy rate in Dubuque was at 12 percent and additional low-rent housing was not needed. Council discussed the various objections, clarifying funding for the project and voiced appreciation for Mr. Gronen's other developments and also for the proposed mixed neighborhood. Ordinance No. 32-05 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 1798 Washington from LI Light Industrial to OR Office Residential District, presented and read. Buol moved to receive and file the communication and moved 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 finally passed be suspended. Seconded by Connors. Motion carried 7-0. Buol moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7- O. Mayor Duggan turned control of the meeting to Mayor Pro-Tem Connors due to possible conflict of interest. Dubuque Metropolitan Area Solid Waste Agency: Proof of publication on notice of hearing to consider rezoning property located on Highway 20 West from AG Agricultural District to LI Light Industrial District as requested by Dubuque Metropolitan Area Solid Waste Agency and Zoning Advisory Commission recommending denial, and City Manager providing information regarding the Dubuque Metropolitan Area Solid Waste Agency rezoning application and recommending City Council approval, and an Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located on Highway 20 West from AG Agricultural District to LI Light Industrial District, presented and read. Don Vogt, Public Works Director, spoke on behalf of the DMASWA, clarifying the need for the rezoning. Jeff Stiles of the Dubuque Zoning Advisory Commission spoke stating the Commission had a problem with the requested rezoning for 47 acres when only seven acres was needed for the business. Kim Sanford, 12033 Cousins Road, spoke objecting to the proposed rezoning which would allow a frontage road through their property, stressing that the three property owners on that road have been in limbo with the knowledge that their homes will be taken eventually by the City or State. Karen Rokusek, 12101 Cousins Road, spoke of her serious concerns as their homes are being made an island in an industrial park. After discussion, Buol moved that this be considered the first reading of the Ordinance and directed staff to bring back additional information regarding why the requested rezoning included all 47 acres, proposed screening for the neighbors, impact of the view from Highway 20, and the location of the proposed business. Seconded by Nicholson. Motion carried 6-0. Mayor Duggan returned and took control of the meeting. Triple J Land Company and Marshallese House of Praise - Request to Rezone: Proof of publication on notice of hearing to consider rezoning property located at 2155 Rockdale Road from R-1 Single- Family Residential District to PUD Planned Unit Development with a PR Planned Residential District designation as requested by Triple J Land Company and Marshallese House of Praise and Zoning Advisory Commission recommending approval, upon motion received and filed. 5 Pastor Austin Lokeijak spoke requesting approval of the rezoning. Ordinance No. 33-05 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 2155 Rockdale Road from C-1 Neighborhood Commercial District and OS Office Service District to R-3 Moderate Density Multi- Family Residential District, presented and read. Buol moved to receive and file the proof and communication and moved 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 finally passed be suspended. Seconded by Nicholson. Motion carried 7- O. Buol moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. City of DubuqueNincent and Luella McFadden - Request to Rezone: Proof of publication on notice of hearing to consider rezoning property located west of Dubuque Industrial Center and north and south of the future extension of Chavenelle Road from AG Agricultural District to PI Planned Industrial District as requested by the City of DubuqueNincent and Luella McFadden and Zoning Advisory Commission recommending approval, upon motion received and filed. Ordinance No. 34-05 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located north and south of Chavenelle Road from AG Agricultural District to PUD Planned Unit Development District with a PI Planned Industrial District designation and adopting a Conceptual Development Plan, with conditions, presented and read. Buol moved to receive and file the proof and communication and moved 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 finally passed be suspended. Seconded by Connors. Motion carried 7-0. Markham moved final consideration and passage of the Ordinance. Seconded by Michalski. Motion carried 7-0. Don and Tanya Bycroft - Request to Rezone: Proof of publication on notice of hearing to consider rezoning property located at 2025 Radford Road from R-1 Single-Family Residential District to OC Office Commercial District as requested by Don and Tanya Bycroft and Zoning Advisory Commission recommending approval, upon motion received and filed. Don Bycroft spoke in support of the proposed rezoning. Ordinance No. 35-05 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 2025 Radford Road from R-1 Single-Family Residential District to OC Office Commercial District, presented and read. Buol moved to receive and file the proof and communication and moved 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 finally passed be suspended. Seconded by Nicholson. Motion carried 7-0. Buol moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. Mullen Road Sanitary Sewer Extension - Award: Proofs of publication on notice of hearing on plans and specifications and notice to bidders on the receipt of bids, and City Manager recommending award of the contract for the Mullen Road Sanitary Sewer Extension Project to Drew Cook & Sons Excavating, Inc., in the amount of $49,982.85, upon motion received and filed. Cline moved adoption of Resolution No. 226-05 Adopting plans and specifications for the project and Resolution No. 227- 05 Awarding contract to Drew Cook & Sons Excavating, Inc. Seconded by Connors. Motion carried 7-0. Stafford Street Sanitary Sewer Reconstruction Project - Award: Proofs of publication on notice of hearing on plans and specifications and notice to bidders on the receipt of bids, and City Manager 6 recommending award of the contract for the Stafford Street Sanitary Sewer Reconstruction Project to Fondell Excavating, Inc., in the amount of $19,146.25, upon motion received and filed. Michalski moved adoption of Resolution No. 228-05 Adopting plans and specifications for the project and Resolution No. 229-05 Awarding contract to Fondell Excavating, Inc. Seconded by Cline. Motion carried 7-0. Pennsylvania/Radford Road Sidewalk Installation Project - Award: Proofs of publication on notice of hearing on plans and specifications and notice to bidders on the receipt of bids, and City Manager recommending award of the contract for the Pennsylvania/Radford Road Sidewalk Installation Project to Skyline Trucking and Storage, Inc. in the amount of $75,270.55, upon motion received and filed. Cline moved adoption of Resolution No. 230-05 Adopting plans and specifications for the project; Resolution No. 231-05 Awarding contract to Skyline Trucking and Storage, Inc., and Resolution No. 232-05 With respect to the adoption of the Resolution of Necessity for the Pennsylvania/Radford Road Sidewalk Installation Project. Seconded by Connors. Motion carried 7-0. City Hall - Third Floor Structural Repairs Project - Award: Proofs of publication on notice of hearing on plans and specifications and notice to bidders on the receipt of bids, and City Manager recommending award of the contract for the City Hall - Third Floor Structural Repairs Project to Tricon Construction in the amount of $83,075, upon motion received and filed. Markham moved adoption of Resolution No. 233-05 Adopting plans and specifications for the project and Resolution No. 234-05 Awarding contract to Tricon Construction. Seconded by Cline. Motion carried 7-0. Upon motion the rules were reinstated limiting discussion to the Council. ACTION ITEMS Tobacco Compliance - Civil Penalties for Tobacco Permit Holders: City Manager recommending acceptance and approval of Acknowledgement/Settlement Agreements for Dubuque Discount Gas, Ron's Discount Smokes, HyVee Store and Hartig Drug Company #4 and the assessment of $300 penalties for tobacco compliance violations and further recommending that a tobacco compliance hearing be held regarding the tobacco compliance violation by AW.N. Stop Mart and if the violation is sustained the attached order assessing the 1 st violation civil penalty of $300 to AW. N. Stop Mart be issued, upon motion received and filed and approved recommendation. Police Chief Wadding spoke and clarified the penalty process. The tobacco compliance hearing for AW.N. Stop Mart was conducted. Upon motion the first violation civil penalty of $300, to be paid by June 16, 2005, was assessed. Exterior Storage Container Ordinance: City Manager recommending that the ordinance prohibiting the use of exterior storage containers be repealed and that a new ordinance regulating the use of exterior storage containers be adopted; Request of Michael J. Coyle, on behalf of Bill Denlinger, Heartland Storage, to address the Council regarding the outside storage ordinance; Request of Steward Sandstrom, President and CEO of the Dubuque Area Chamber of Commerce, requesting to address the Council regarding the prohibition of exterior storage containers; Correspondence from Larry Wolff, 3890 Central Avenue, requesting that the recent ordinance eliminating outdoor storage containers/trailers be rescinded; Communication from Steve Selchert, Steve's Ace Hardware, Inc., regarding proposed changes to the storage container ordinance and an Ordinance Amending the City of Dubuque Code of Ordinances by repealing Section 11-83 Exterior Storage Containers Prohibited - Ordinance No. 84-04, presented and read. Attorney Mike Coyle, representing Bill Denlinger, spoke stressing that Ordinance No. 84-04 was detrimental to businesses and distributed a petition with the signatures of 133 businesses opposing the present Ordinance. 7 Jim Theisen, 2606 Hacienda, spoke supporting the repeal of Ordinance No. 84-04, stressing that ground containers were the safest for individuals to load and unload, and requested Council postpone any July 151 implementation of the Ordinance and work on the problem. Council discussed several issues concerning the ramifications of this Ordinance. Ordinance No. 36-05 Repealing City of Dubuque Code of Ordinances Section 11-83 (Ordinance 84- 04) Exterior Storage Containers Prohibited, presented and read. Buol moved to receive and file the communications and moved 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 finally passed be suspended. Seconded by Nicholson. Motion carried 7-0. Michalski moved final consideration and passage of the Ordinance and directed staff to work with the Chamber of Commerce and business owners on a compromise by July 1, 2005. Seconded by Buo!' Motion carried 7-0. Fiscal Year 2005 Arts and Culture Grant Program for Special Projects: Arts and Cultural Affairs Advisory Commission recommending approval of grant awards to Dubuque County Historical Society ($12,000), Fly-By-Night Productions ($10,000), Dubuque Symphony Orchestra ($5,000) and Dubuque Museum of Art ($3,000) for the Fiscal Year 2005 Arts and Culture Grant Program for Special Projects, upon motion received and filed and approved recommendation. Arts and Cultural Affairs Advisory Commission - Fiscal Year 2006 Funding: Arts and Cultural Affairs Advisory Commission submitting its recommendation on $200,000 in Fiscal Year 2006 funding for Arts and Cultural Affairs, upon motion received and filed and approved recommendation. Municipal Communication Utility Feasibility Study: City Manager recommending approval to negotiate and execute a contract with Vernon Research Group, in partnership with Virchow, Krause & Company and Columbia Telecommunications Corporation, to conduct a Municipal Communication Utility Feasibility Study for the City of Dubuque, upon motion received and filed and approved recommendation. Eleanor Ridge Subdivision: City Manager recommending approval of the final plat of Lots 1 through 12, inclusive, of Eleanor Ridge Subdivision, upon motion received and filed. Cline moved adoption of Resolution No. 235-05 Approving the final plat of Lots 1 through 12, inclusive, of Eleanor Ridge Subdivision in Dubuque County, Iowa. Seconded by Connors. Motion carried 7-0. Historic Preservation Commission: Historic Preservation Commission recommending approval of an application from the Historic Preservation Commission/Dave Stuart for funding from the Historic District Public Improvement Project Program to install replica traffic lights along Loras Boulevard at the intersections of Bluff Street, Locust Street, Main Street and Iowa Street, upon motion received and filed and denied recommendation. Regional Development Effort Along Highway 151: City Manager recommending two City of Dubuque appointments to the Executive Committee being established to promote development along Highway 151 between Dubuque and Marion, upon motion received and filed and appointed Economic Development Director David Heiar and GDDC Director Rick Dickinson. Cedar Cross Road: City Manager recommending approval of an ordinance prohibiting parking in a section of Cedar Cross Road and to modify the Code of Ordinances to extend the parking restriction along the narrow section of Cedar Cross Road, upon motion received and filed. Ordinance No. 37-05 Amending Section 32-262(d) of the Code of Ordinances of the City of Dubuque, Iowa, prohibiting parking on designated streets or portions thereof by adding a portion of Cedar Cross Road, presented and read. 8 Buol moved to receive and file the communication and moved 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 finally passed be suspended. Seconded by Connors. Motion carried 6-0 with Cline temporarily out of the room. Buol moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 6-0 with Cline temporarily out of the room. Worksession on Zoning and Subdivision Ordinance Update: City Manager submitting information on the Update of the Zoning and Subdivision Ordinance and requesting that a City Council Worksession be scheduled for Monday, June 13, 2005, from 6:30 p.m. to 8:30 p.m. to receive City Council input on major policy issues, upon motion received and filed and concurred. Armed Forces Day: American Legion Dubuque Post NO.6 announcing that the City of Dubuque is being recognized as the Employer of the Year for support of City employees activated and deployed in Guard and Reserve Units, upon motion received and filed. PUBLIC INPUT Ken Nye spoke requesting Police investigate the confiscation of his social security funds. At 9:51 P.M. upon motion Council went into Closed Session re: Pending Litigation and Property Acquisition - Chapter 21.5(1 )(c)(j) 2005 Code of Iowa and Collective Bargaining Strategy - Chapter 20.17(3). At 10: 13 P. M. Council reconvened stating Staff had been given proper direction. There being no further business, upon motion meeting adjourned at 10: 14 P. M. Isl Jeanne F. Schneider, CMC City Clerk 1 t 5/25 9