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Minutes City Council 4 16 06CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Council met in regular session on April 16, 2007, at 6:30 p.m. in the Public Library Auditorium Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski City Manager Van Milligen; City Attorney Lindahl Invocation was provided by Reverend Thomas W. Young, Westminster Presbyterian Church PROCLAMATIONS Fair Housing Month (April, 2007) was accepted by Bruce Ray, Iowa HUD Director, 210 Walnut Street, Des Moines; Law Day (May 1, 2007) was accepted by Steve Drahozal, President, Dubuque County Bar Association, Young Lawyers Division, 799 Main Street; Laughter Day (May 6, 2007) was accepted by Patrick Sterenchuk, 82 Main Street; Historic Preservation Month (May, 2007) was accepted by Dave Stuart, Chairperson of the Historic Preservation Commission, 1492 Locust Street. PRESENTATION Aquila Rebate Presentation: Chuck Bandy, Customer Service Supervisor, presented the City of Dubuque with a rebate check in the amount of $1,240 for meeting the standards of the Energy Efficiency Rebate Program at the City Garage. CONSENT ITEMS Motion by Lynch to receive, file, refer to staff, and adopt resolutions as indicated. Seconded by Connors. Michalski asked that (#6) U.S. Department of Housing and Urban Development be held for separate discussion. Jones asked that (#25) Multi-Jurisdictional Drug Task Force Agreement be held for separate discussion. Motion carried 7-0. Minutes and Reports Submitted: Airport Commission of 3/26; City Council of 4/2; Civil Service Commission of 4/5; Electrical Code Board of 3/27; Housing Commission of 3/27; Human Rights Commission of 3/12; Library Board of Trustees of 2/22; Mechanical Board of 4/7; Zoning Advisory Commission of 4/4; Zoning Board of Adjustment of 3/22; Proof of publication of City Council Proceedings of 3/19; Library Board of Trustees Update from Meeting of March 26, 2007; upon motion received and filed. Notice of Claims/Suits: Loras G. Boge for property damage; Janice Firzlaff for property damage; Julie Gingrass for property damage; Margaret and Alan Jones for vehicle damage; David A. Jones for vehicle damage; Paul and Nancy Kaufman for property damage; Michael and Mary Ann Koch for property damage; Mike and Sue McGinnis, on behalf of Thelma McGinnis, for personal injury. Upon motion received, filed, and referred to 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: Loras Boge for property damage; Jerome Ehlers for property damage; Janice Firzlaff for property damage; Julie Gingrass for property damage; Paul and Nancy Kaufman for property damage; Lorraine Kelleher for property damage; Michael and Mary Ann Koch for property damage; ,Michael and Sue McGinnis on behalf of Thelma McGinnis for personal injury; Lori Ziegenfuss for property damage. Upon motion received, filed, and concurred. Collective Bargaining Agreement: City Manager recommending approval of an amendment to the Collective Bargaining Agreement with the Teamsters Union to provide for a work week that consists of ten (10) hours per day and four (4) days per week for the Airport Maintenanceworkers and Airport Mechanic. Upon motion received, filed, and approved. Voluntary Annexation Request -Tri-State Development LLC: City Manager recommending that the public hearing set for May 7, 2007 to consider a request from Tri-State Development LLC for voluntary annexation of 1.19 acres of property at 12653 Seippel Road be tabled until further notice from the applicant. Upon motion received, filed, and tabled. Riverwalk Security Camera System: City Manager recommending approval of the selection of Racom to provide the Riverwalk Security Camera System from the Recognition Wall mural northerly to the Alliant Amphitheater site. Upon motion received, filed, and approved. U.S. Department of Housing and Urban Development: Communication from the U.S. Department of Housing and Urban Development (HUD) advising that the City's 2006 McKinney-Vento Act homeless assistance application has been selected for funding in the amount of $536,520.00. Michalski quoted from the communication and said that homelessness is a high priority. Housing and Community Development Director David Harris and his staff deserve the Council's attention and praise. Motion by Michalski to receive and file the documents and send a commendation to the Housing staff. Seconded by Braig. Motion carried 7-0. Plat of Survey -Finley Home Addition No. 2: City Manager recommending approval of the Plat of Survey for Lot 1 and Lot 2 of Finley Home Addition No. 2. Upon motion received, filed, and Resolution No. 201-07 Approving Plat of Survey of Lot 1 and Lot 2 of Finley Home Addition #2 was adopted Memorandum of Agreement -West 32"d Street Detention Basin Project: City Manager recommending that the City negotiate a Memorandum of Agreement with the U.S. Army Corps of Engineers and the Iowa State Historic Preservation Office regarding the West 32"d Street Detention Basin Project. Upon motion received, filed, and approved. 32"d Street Detention Basin -Lead Federal Agency for Section 106 Compliance: City Manager recommending approval of an agreement between the City of Dubuque, the US Army Corps of Engineers (USAGE), and the Iowa Department of Natural Resources (IDNR) establishing the USAGE as the lead federal agency to fulfill the responsibilities under 36 CFR Part 800, Section 106 for the West 32"d Street Detention Basin Project. Upon motion received, filed, and approved. AV Equipment Purchase - Federal Building Renovation Project: City Manager recommending approval of the acquisition of the Federal Building audiovisual equipment from Electronic Communication Systems, Inc. of Davenport, Iowa, in the amount of $97,829.21. Upon motion received, filed, and Resolution No. 202-07 Approving the purchase and 2 installation of audiovisual equipment for the Federal Building Renovation Project (CIP 1001841) was adopted. Federal Building Renovation - Housing and Community Development ,Department Furnishings: City Manager recommending approval of the purchase and installation of furnishings for the Housing and Community Development Department as part of the Federal Building Renovation Project. Upon motion received, filed, and Resolution No. 203-07 Approving the purchase of the furnishings for the Housing and Community Development Department as part of the Federal Building Renovation Project (CIP 1001841) was adopted. Iowa Great Places -Memorandum of Understanding: City Manager recommending approval of a draft Memorandum of Understanding between the City and the State of Iowa for the Iowa Great Places Program and approval to finalize this agreement, and as long as there are no material changes, to execute the agreement. Upon motion received, filed, and approved. Eagle Point Park Roofing Project: City Manager recommending acceptance of the Eagle Point Park Roofing Project as completed by Kluck Construction, Inc., in the final contract amount of $54,645.50. Upon motion received, filed, and Resolution No. 204-07 Accepting improvement and Resolution No. 205-07 Approving final estimate were adopted. University of Dubuque Indemnification Agreement: City Manager recommending approval of the Mutual Indemnification Agreement with the University of Dubuque for use of their facilities for various recreation programs. Upon motion received, filed, and approved. Dubuque Water Ski Club Lease: City Manager recommending approval of a one-year lease with the Dubuque Water Ski Club. Upon motion received, filed, and approved. Request for Proposals -Financial Services: City Manager recommending approval of the issuance of a Request for Proposals for the City's Financial Services. Upon motion received, filed, and approved. Legislative Correspondence: Communication to area legislators urging opposition to any bill which would limit the City's ability to collect delinquent utility accounts. Upon motion received and filed. Amtrak -Letter of Support: Communication to Milt Sees, Acting Secretary of the Illinois Department of Transportation, in support of the route for Amtrak rail service from Chicago through Rockford, Freeport, and Galena, Illinois into Dubuque and further requesting that the Illinois General Assembly provide the initial funding to launch this project. Upon motion received and filed. Request for Proposals - 1126 White Street: City Manager recommending approval of the issuance of a Request for Proposals and creation of a public/private partnership with the Dubuque Community School District for conversion of the School District property at 1126 White Street to town homes for owner-occupant households. Upon motion received, filed, and approved. 3 HUD Regulatory Reform: Communication to The Honorable Alphonso Jackson, Secretary of the United States Department of Housing and Urban Development Department, accepting an invitation to become a participant in the Housing and Urban Development's National Call to Action for Affordable Housing through Regulatory Reform. Upon motion received and filed. Food Scrap Recycling Pilot Program: City Manager recommending that the service fee for the 2007 Food Scrap Recycling Pilot Program be reduced for residential and commercial customers. Upon motion received, filed, and approved. Theisen Supply, Inc.: City Manager recommending approval of the Subordination Agreement in favor of Theisen's first mortgage lender, U.S. Bank, N.A., pursuant to the June 19, 2006 Development Agreement between the City of Dubuque, Chavenelle Warehouse Development, LLC, and Theisen Supply, Inc. Upon motion received, filed, and approved. 2030 Land Use Map: City Manager recommending approval of a resolution adopting the 2030 Future Land Use Map that was approved after a public hearing on April 2, 2007. Upon motion received, filed, and Resolution No. 206-07 Approving the 2030 Future Land Use Map of the City of Dubuque Comprehensive Plan was adopted. Purchase of Equipment: City Manager recommending approval of the purchase of two 31,000 GVW dump trucks and associated equipment from the low bidder, Hawkeye Truck and Henderson Truck Equipment, in the amount of $182,265. Upon motion received, filed, and Resolution No. 207-07 Approving expenditures in excess of $25,000 for certain purchases of goods and equipment was adopted. Multi-Jurisdictional Drug Task Force Agreement: City Manager recommending approval of the Multi-Jurisdictional Drug Task Force Agreement between the City of Dubuque, Dubuque County, City of East Dubuque, Illinois and Jo Daviess County, Illinois. Motion by Jones to receive and file the documents and approve the recommendation. Seconded by Connors. Jones commended the Task Force on its effectiveness. Motion carried 7-0. Improvement Contracts /Performance, Payment and Maintenance Bonds: Upon motion received, filed, and Resolution No. 208-07 Approving public improvement contracts and bonds for Historic Old Main Street -Lighting and Sidewalk Replacement Project, Federal Building Renovation Project, and Eagle Point Park Fee Collector's Building Project was adopted. Business License Refunds: David H. Hoffman, The White House -Cigarette License; -- Judy Wagner, Wagner Copper Kettle -Beer and Liquor License; Eddie Hwang, Taiko's -Beer Permit. Upon motion received, filed, and approved. Business Licenses: City Manager recommending approval of annual liquor license renewals as submitted. Upon motion received, filed, and Resolution No. 209-07 Granting the issuance of a Class C Beer Permit to 16th Street Auto/Truck Plaza, Tobacco Outlet Plus, and Lien Oriental American, and Resolution No. 210-07 Granting the issuance of a Class A Liquor License to Dubuque Moose Lodge #355; Class CBeer/Liquor License to Carlos O'Kelly's (2-pay Outdoor Service), DaVinci's Restaurant and Lounge, Catfish Charlie's, Sublime, Whiskey River, Olive Garden and Lot One; and Class B Wine Permit to Carroll's Wine Company were adopted. 4 ITEMS TO BE SET FOR PUBLIC HEARING Motion by Cline to receive and file the documents, adopt resolutions, set public hearings as specified, and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Lynch. Motion carried 7-0. Fiscal Year 2007 Budget Amendment: City Manager recommending that a public hearing be set for May 7, 2007 to consider approval of the second amendment to the Fiscal Year 2007 operating budget. Upon motion received, filed, and Resolution No. 211-07 Setting the date for the public hearing on Amendment No. 2 to the Fiscal Year 2007 budget for the City of Dubuque was adopted setting a public hearing at a meeting to commence at 6:30 p.m. on May 7, 2007, in the public library auditorium. White Water Creek Bridge Project Phase II -Lead Paint Removal, Cleaning and Painting: City Manager recommending initiation of the public bidding process for the White Water Creek Bridge Relocation Project Phase II -Lead Paint Removal, Cleaning and Painting and that a public hearing on the plans and specifications, form of contract, and estimated cost be set for May 7, 2007. Upon motion received, filed, and Resolution No. 212-07 Preliminary approval of plans and specifications, form of contract, and estimated cost for the White Water Creek Bridge Project Phase II -Lead Paint Removal, Cleaning and Painting; Resolution No. 213-07 Setting date of hearing on plans and specifications, form of contract, and estimated cost for the White Water Creek Bridge Project Phase II -Lead Paint Removal, Cleaning and Painting; and Resolution No. 214-07 Ordering the advertisement for bids for the White Water Creek Bridge Project Phase II -Lead Paint Removal, Cleaning and Painting were adopted setting a public hearing at a meeting to commence at 6:30 p.m. on May 7, 2007, in the public library auditorium. Rush Street Reconstruction Project: City Manager recommending initiation of the public bidding process for the Rush Street Reconstruction Project and that a public hearing on the plans and specifications, form of contract, estimated cost and Resolution of Necessity be set for May 7, 2007. Communication from Daniel D. and Millie Boge, 333 Villa Street, requesting that the City Council exempt their property from the directive requiring installation of a sidewalk when replacing a street. Upon motion received, filed, and Resolution No. 215-07 Preliminary approval of plans and specifications, form of contract, and estimated cost for the Rush Street Reconstruction Project; Resolution No. 216-07 Setting date of hearing on plans and specifications, form of contract, and estimated cost for the Rush Street Reconstruction Project; Resolution No. 217-07 Ordering the advertisement for bids for the Rush Street Reconstruction Project; Resolution No. 218-07 Approving the plats, schedule of assessments and estimate of total cost for the Rush Street Reconstruction Project; Resolution No. 219-07 of Necessity for the Rush Street Reconstruction Project; and Resolution No. 220-07 Fixing date of public hearing on Resolution of Necessity were adopted setting a public hearing at a meeting to commence at 6:30 p.m. on May 7, 2007, in the public library auditorium. Asbury Plaza Area Wastewater Pumping Facilities Project: City Manager recommending initiation of the public bidding process for the Asbury Plaza Area Wastewater Pumping Facilities Project and that a public hearing on the plans and specifications, form. of contract, and estimated cost be set for May 7, 2007. Upon motion received, filed, and Resolution No. 221-07 Preliminary approval of plans and specifications, form of contract, and estimated cost for the Asbury Plaza Area Wastewater Pumping Facilities Project; Resolution No. 222-07 5 Setting date of hearing on plans and specifications, form of contract, and estimated cost for the Asbury Plaza Area Wastewater Pumping Facilities Project; and Resolution No. 223-07 Ordering the advertisement for bids for the Asbury Plaza Area Wastewater Pumping Facilities Project were adopted setting a public hearing for a meeting to commence at 6:30 p.m. on May 7, 2007, in the public library auditorium. US 20 (Devon Drive to Menards) Capacity Improvements Project -Phase II: City Manager recommending initiation of the public bidding process for the US 20 (Devon Drive to Menards) Capacity Improvements Project -Phase II and that a public hearing on the plans and specifications, form of contract and estimated cost be set for May 7, 2007. Upon motion received, filed, and Resolution No. 224-07 Preliminary approval of plans and specifications, form of contract and estimated cost; Resolution No. 225-07 Setting date of hearing on plans and specifications, form of contract and estimated cost: and Resolution No. 226-07 Ordering the advertisement for bids for the US 20 (Devon Drive to Menards) Capacity Improvements Project -Phase II were adopted setting a public hearing for a meeting to commence at 6:30 p.m. on May 7, 2007, in the public library auditorium. BOARDS/COMMISSIONS Appointments to the following Boards/Commissions: Airport Commission, One unexpired term through September 14, 2008 -Term of Goodmann. Applicants: Sue Czeshinski, Terry Mozena, Eric Savage, Timothy Rink. By vote of 7-0 Sue Czeshinski was appointed to a 4-year, unexpired term through September 14, 2008. Jones hoped to see the applicants at upcoming vacancies. Mediacom Cultural Foundation: Two expired one-year terms through December 31, 2007 - Terms of Hall and Fabricius. Applicants: Gail Chavenelle, Tom Goodman, Rich Hall, Michele McKinlay, Gene Perry, Edwin Ritts, John (Jac) Tilton, Vince Williams, John Woodin, and Cathy Goodman. Gail Chavenelle (4 votes) and Rich Hall (5 votes) were appointed to 1-year, expired terms through December 31, 2007. Cline recognized the quality of the applicants and hoped to see the applicants at upcoming vacancies PUBLIC HEARINGS Upon motion the rules were suspended to allow anyone present to address the Council. 827 Garfield Avenue -Request to Rezone: Proof of publication on notice of hearing to consider rezoning property located at 827 Garfield Avenue from R-2A Two-Family Residential District to R-3 Moderate Density Multi-Family Residential District as requested by Alex Finch/John Finch and Zoning Advisory Commission recommending approval. 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 Cline. Motion carried 7-0. Motion by Connors for final consideration and adoption of Ordinance No. 15.07 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 827 Garfield Avenue from R-2A Two-Family Residential District to R-3 Moderate Density Multi-Family Residential District. Seconded by Braig. Staff report was given by Kyle Kritz, Planning Services. Alex Finch, 827 Garfield Avenue spoke in support of the request to rezone. Motion carried 7-0. 6 Kivlahan Farms LC -Request to Rezone: Proof of publication on notice of hearing to consider rezoning property located at the southwest corner of the Northwest Arterial /John F. Kennedy Road intersection from AG Agricultural District to R-1 Single-Family Residential District as requested by Kivlahan Farms LC and Zoning Advisory Commission recommending approval. 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 adoption of Ordinance No. 16-07 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at the southwest corner of the Northwest Arterial /John F. Kennedy Road intersection from AG Agricultural District to R-1 Single-Family Residential District. Seconded by Lynch. Staff report was given by Kyle Kritz, Planning Services. John Kivlahan, 4922 Wildflower Drive, spoke in support of the rezoning request. Motion carried 7-0. Text Amendment -Design Standards for "Big Box" Retail Uses: Proof of publication on notice of hearing to consider a request from the City of Dubuque to amend Section 3-5.5 of the Zoning Ordinance, Planned Unit Development, Design Standards for "Big Box" Retail uses and Zoning Advisory Commission recommending approval. Motion by Michalski 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 Michalski for final consideration and adoption of Ordinance No. 17-07 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by adding new language regulating "Big Box" retail uses to the Planned Unit Development District, and Ordinance No. 18-07 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by amending Section 8 Definitions, by adding a definition for retail commercial uses. Seconded by Braig. Staff report was given by Kyle Kritz, Planning Services. Cline questioned the 60,000 square foot minimum requirement when so many older buildings are smaller than that. Michalski said that this won't fix past mistakes, but that the Unified Development Code should also address vacant buildings less than 60,000 sq. ft. Motion carried 7-0. Text Amendment -Establishing Standards for Biofuels Production Facilities: Proof of publication on notice of hearing to consider a request from the City of Dubuque to amend Section 3-5.5 of the Zoning Ordinance, Planned Unit Development, establishing standards for biofuels production facilities and Zoning Advisory Commission recommending approval. Motion by Connors to receive and file the documents as amended 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. Staff report was given by Kyle Kritz, Planning Services. Michalski recommended the words "but not limited to" be added before "biofuels production." Motion carried 7-0. Motion by Jones for final consideration and adoption of Ordinance No. 19-07 Amending Appendix A ,(the Zoning Ordinance) of the City of Dubuque Code of Ordinances by adding new language establishing standards for biofuels production facilities to the Planned Unit Development District as amended. Seconded by Braig. Motion carried 7-0. 2007 Asphalt Paving Project: Proof of publication on notice of hearing to consider adoption of the plans and specifications, form of contract, and estimated cost for the 2007 Asphalt Paving Project and City Manager recommending approval. Motion by Cline to receive and file 7 the documents and adopt Resolution 227-07 Approval of plans and specifications, form of contract, and estimated cost for the 2007 Asphalt Paving Project. Seconded by Michalski. Motion carried 7-0. Downtown Streetlight and Traffic Signalization Pole Painting Project: Proof of publication on notice of hearing to consider adoption of the plans and specifications, form of contract, and estimated cost for the Downtown Streetlight and Traffic Signalization Pole Painting Project and City Manager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 228-07 Approval of plans and specifications, form of contract, and estimated cost for the Downtown Streetlight and Traffic Signalization Pole Painting Project. Seconded by Lynch. Motion carried 7-0. Valentine Park Rest Room Project: Proof of publication on notice of hearing to consider adoption of the plans and specifications, form of contract, and estimated cost for the Valentine Park Rest Room Project and City Manager recommending approval and award of the contract to Mike Strub, Inc., in the amount of $66,662.07. Motion by Connors to receive and file the documents and adopt Resolution No. 229-07 Approval of plans and specifications, form of contract, and estimated cost for the Valentine Park Rest Room Project; Resolution No. 230-07 Awarding contract for the Valentine Park Rest Room Project; and Resolution No. 231-07 Approving construction contract with Mike Strub, Inc., for the Valentine Park Rest Room Project. Seconded by Cline. Motion carried 7-0. REINSTATE THE RULES Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS North Grandview Dog Park Relocation: Request from Thomas J. Richard, representing the residents of lower Aspen Court, to address the City Council regarding the relocation of the North Grandview Avenue Dog Park and submitting a video for City Council review. Motion by Cline to receive and file the documents and refer to City Manager. Seconded by Connors. Neighborhood representative Roger Ruden, 1020 Aspen Ct, stated a need to move the park citing sustained barking, unsafe parking conditions, and the unsightliness of the grounds. Mr. Ruden presented site selection criteria on successful park models from around the country. He also said that the neighborhood is in favor of a City dog park, but it is not conducive to a residential neighborhood or in line with the Council's mission statement. Connors questioned the difference between noise from the park and regular traffic noise. Braig said that there is not sustained barking nor is the park unattractive according to her personal experience with the park. Leisure Services Manager Gil Spence said that alternative sites are being explored at 16th St. and Roosevelt Park. Council concurred to refer the matter to the City Manager for a recommendation, that included neighborhood input, to be brought back to Council. Motion carried 7-0. Newt Marine: Request of Carter Newt, Newt Marine, to address the City Council regarding the lease extension for Dubuque Terminal, Inc. Motion by Cline to receive and file the documents and refer to City Attorney. Seconded by Braig. Carter Newt, 1738 Vizaleea, spoke in favor of the lease extension citing the dependency of three, long-term business contracts upon this lease. Motion carried 7-0. 8 Final Plat -Miller Place: Zoning Advisory Commission recommending approval of the final plat of Lot 1-1 and 2-1 of Miller Place as requested by Weber Surveying, LLC. Motion by Cline to receive and file the documents and adopt Resolution No. 232-07 Approving the final plat of Lots 1-1 and 1-2 Miller Place in Dubuque County, Iowa. Seconded by Michalski. Motion carried 7-0. Final Plat of Silver Oaks Estates Subdivision: City Manager recommending approval of the final plat of Silver Oaks Estates Subdivision, subject to conditions. Motion by Michalski to receive and file the documents and adopt Resolution No. 233-07 Approving the final plat of Silver Oaks Estates in Dubuque County, Iowa. Seconded by Cline. Connors expressed concern over the proximity to the airport and noise. Braig asked if this subdivision would be grandfathered if the two-mile buffer around the airport is implemented. City Attorney Lindahl said it would be exempt. Motion carried 7-0. Tax Increment Ordinance -Greater Downtown Urban Renewal District: City Manager recommending approval of an amendment of the Tax Increment Ordinance to establish the use of tax increment financing to existing and expanding areas of the amended Greater Downtown Urban Renewal District. 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 adoption of Ordinance No. 20-07 Amending Ordinance Nos. 35-04, 30-82 and 66-89, as previously amended, providing that general property taxes levied and collected each year on all property located within the Greater Downtown Urban Renewal District of the City of Dubuque, County of Dubuque, State of Iowa, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with the Urban Renewal Plan for the Greater Downtown Urban Renewal District. Seconded by Braig. Motion carried 7-0. Heron Pond Tree Removal Project: City Manager recommending acceptance of the Heron Pond Tree Removal Project as completed by Top Grade Excavating in the final contract amount of $30,299. Motion by Jones to receive and file the documents and adopt Resolution No. 234-07 Accepting improvement, and Resolution No. 235-07 Approving final estimate. Seconded by Lynch. Motion carried 7-0. Amendment to Chapter 11 Buildings and Regulations: City Manager recommending approval of an amendment to Chapter 11 of the City of Dubuque Code of Ordinances providing that the Building Official may require an engineering study prior to issuance of a permit for construction on bluff land or land adjacent to a bluff to determine that the land or bluff is safe for such construction. 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 Cline. Motion carried 7-0. Motion by Connors for final consideration and adoption of Ordinance No. 21-07 Amending Chapter 11 Buildings and Building Regulations Section 11-57 Application for Permit by adding a new Subsection (d) providing that the building official may require an engineering study or studies prior to issuance of a permit for construction on bluff land or land adjacent to a bluff to determine that the land or bluff is safe for such construction. Seconded by Cline. Motion carried 7-0. 9 COUNCIL MEMBER REPORTS (None) PUBLIC INPUT Shawn Ruiz, 2425 Crissy Dr., expressed her concern about the Tarot Card History and Demonstration program being offered June 12 at the Library. She believes it to be inappropriate and has spoken with Library Director Susan Henricks about canceling it. Susan has agreed to remove items for purchase and door prizes. Demonstrator Terri Farber, 1113 Main St., said that this program is for entertainment only and not a religious movement. Library Youth Services Manager Jean Gullikson, 427 Shinoak Ct., said that this program was in response to the Library's Teen Safe Zone priority as well as in response to a teen survey. After discussion the Council concurred with City Attorney Lindahl that, per City Code 30-5, exclusive management of the Library belongs to the Library Board of Trustees, and Ms. Ruiz should petition them. CLOSED SESSION Upon motion the Council convened closed session at 8:20 p.m. regarding Property Acquisition -Chapter 21.5(1)Q) 2005 Code of Iowa Upon motion Council reconvened regular session at 8:36 p.m. stating that staff had been given proper direction. There being no further business, upon motion the meeting adjourned at 8:37 p.m. /s/ Kevin S. Firnstahl Asst. City Clerk 1 t 4/25 10