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Minutes City Council 7 16 07 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Council met in regular session at 6:30 p.m. on July 16, 2007, in the Public Library Auditorium. Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski, 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 Council. PLEDGE OF ALLEGIANCE INVOCATION Joan Hauge, Interim Pastor, St. John's Lutheran Church PROCLAMATIONS Dubuque County Fair Week (July 24 – July 29, 2007) was accepted by Jamie Blum, General Manager, Dubuque County Fair; Tour de Dubuque Day (August 25, 2007) was accepted by Mike Martin, Gene Rokusek, and Duane Shumacher of Freedom Riders; United Way Campaign Time (August 8 – October 31, 2007) was accepted by Campaign Chair Jim Normandin, 16506 Coventry Lane. CONSENT ITEMS Motion by Cline to receive and file the documents and dispose of as indicated. Seconded by Lynch. Braig requested (#14) Free Keyline Bus Rides for School Students be held for separate discussion. Cline requested (#32) Cooper Management Company Liquor License Subpoenas be held for separate discussion. Motion carried 7-0. Minutes and Reports Submitted: Building Code Board of Appeals of 6/19; Cable TV Teleprogramming Commission of 6/12; City Council of 7/2 and 7/9; Civil Service Commission of 5/15; Historic Preservation Commission of 6/21; Housing Commission of 6/25; Human Rights Commission of 6/11; Park and Recreation Commission of 6/12; Zoning Advisory Commission of 7/5; Zoning Board of Adjustment of 6/28. Proofs of publication of City Council Proceedings of June 18, 2007 and List of Claims and Summary of Revenues for month ending May 31, 2007 Library Board of Trustees Update from meeting of June 28, 2007 Upon motion the documents were received and filed. Notice of Claims/Suits: Lisa Bowers for property damage; William Brown for property damage; Leonard/Helen McIntire for vehicle damage; Ann Till for property damage; Julie Welter for property damage; Joan M. Overhouse for property damage; Tracey Little for property damage. Upon motion the documents were received and filed and referred to the City Attorney. North Grandview Estates Sanitary Sewer and Watermain Project: City Manager recommending acceptance of the North Grandview Estates Sanitary Sewer and Watermain Project as completed by Connolly Construction in the final contract amount of $262,284.55. Upon motion the documents were received and filed and Resolution No. 376-07 Accepting the North Grandview Estates Sanitary Sewer and Watermain Project and authorizing the payment of the contract amount to the contractor was adopted. Reeder and Lois Street Sanitary Sewer Construction Project: City Manager recommending acceptance of the Reeder and Lois Street Sanitary Sewer Construction Project as completed by WC Stewart Construction, Inc., in the final contract amount of $39,978.84. Upon motion the documents were received and filed and Resolution No. 377-07 Accepting the Reeder and Lois Street Sanitary Sewer Construction Project was adopted. Port of Dubuque Storm Sewer Extension, Phase V Project: City Manager recommending acceptance of the Port of Dubuque Storm Sewer Extension, Phase V Project as completed by Tschiggfrie Excavating Company, in the final contract amount of $129,037.42. Upon motion the documents were received and filed and Resolution No. 378-07 Accepting the Port of Dubuque Storm Sewer Extension, Phase V Project was adopted. Cedar Lake Plaza: City Manager recommending acceptance of the public improvements which the developers, Richard V. and Charlene L. Hansel, have recently completed in Cedar Lake Plaza. Upon motion the documents were received and filed and Resolution No. 379-07 Accepting public improvements in Cedar Lake Plaza was adopted. Kaufmann Avenue Storm Sewer Construction Project: City Manager recommending award of the public improvement contract for the Kaufmann Avenue Storm Sewer Construction Project to Drew Cook & Sons Excavating in the amount of $23,394.25. Upon motion the documents were received and filed and Resolution No. 380-07 Awarding public improvement contract for the Kaufmann Avenue Storm Sewer Construction Project to Drew Cook & Sons Excavating was adopted. York and Curtis Street Storm Sewer Construction Project: City Manager recommending award of the public improvement contract for the York and Curtis Street Storm Sewer Construction Project to McDermott Excavating in the amount of $35,076.83. Upon motion the documents were received and filed and Resolution No. 381-07 Awarding public improvement contract for the York and Curtis Street Storm Sewer Construction Project to McDermott Excavating was adopted. Star Brewery Drive Construction Project: City Manager recommending award of the public improvement contract for the Star Brewery Drive Construction Project to Portzen Construction, Inc. in the amount of $529,673.60. Upon motion the documents were received and filed and Resolution No. 382-07 Awarding public improvement contract for the Star Brewery Drive Construction Project to Portzen Construction, Inc., was adopted. Raven Oaks Drive – Request to Vacate: City Manager recommending preliminary approval of a request to vacate a portion of Raven Oaks Drive and that the owner be directed to proceed with the formal vacate process. Upon motion the documents were received and filed and approved. Transient Boat Dock Facility: City Manager recommending approval of a Boating 2 Infrastructure Grant Contract for the Main ChannelTransient Boat Dock Facility at the Port of Dubuque. Upon motion the documents were received and filed and Resolution No. 383-07 Authorizing a contract agreement for a Boating Infrastructure Grant for the Main Channel Transient Boat Facility was adopted. Heritage Trail Bridge Replacement Project: Communication to Brian Preston regarding the State Recreation Trail Grant for the Heritage Trail Bridge Replacement Project. Upon motion the document was received and filed. Dubuque Initiatives: City Attorney recommending approval of the acceptance of a Quit Claim Deed from Dubuque Initiatives for the Dubuque Hardwoods and Klauer properties in the Port of Dubuque. Upon motion the documents were received and filed and Resolution No. 384-07 Accepting the deed to certain real estate in Dubuque County, Iowa from Dubuque Initiatives was adopted. Free KeyLine Bus Rides for School Students: City Manager recommending approval of an agreement with the Dubuque Community School District for free ridership for public and parochial students enrolled in the district. Motion by Braig to receive and file the documents. Seconded by Michalski. Braig said that this program showed good cooperation between the City and the school district, was great for citizens, and a huge opportunity. She said staff did a good job. Motion carried 7-0. Northeast Iowa School of Music: City Manager recommending approval of a grant agreement with the Northeast Iowa School of Music to provide music lessons for four children as part of the Uptown Recreation Program. Upon motion the documents were received and filed and approved. Dubuque County ISU Extension: City Manager recommending approval of a grant agreement with Dubuque County ISU Extension to conduct recreation programs as part of the Uptown Recreation Program. Upon motion the documents were received and filed and approved. Grant Agreement – Four Mounds Foundation: City Manager recommending approval of the grant agreement with the Four Mounds Foundation to provide the day camp program as part of the summer Uptown Recreation Program. Upon motion the documents were received and filed and approved. Purchase of Service Agreement with Greater Dubuque Development Corporation: City Manager recommending approval of a Purchase of Service Agreement with Greater Dubuque Development Corporation for support of their Destination for Opportunity Campaign. Upon motion the documents were received and filed and approved. Purchase of Service Agreement with Dubuque Area Labor Management Council: City Manager recommending approval of an amended Purchase of Service Agreement with Dubuque Area Labor Management Council to provide funding for improvement and expansion of labor-management cooperation in the public and private sector in the Dubuque area. Upon motion the documents were received and filed and approved. U.S. Cellular Service Agreement: City Manager recommending approval of a master use 3 agreement between the City of Dubuque and U.S. Cellular to assist with standard cell phone user contract end dates, equipment choices and prices. Upon motion the documents were received and filed and approved. Request for Proposals – North Siegert Farm: City Manager recommending approval of the issuance of a Request for Proposals for development of the next phase of the Dubuque Industrial Center West and the construction of a connecting street from Pennsylvania Avenue to Dubuque Industrial Center West. Upon motion the documents were received and filed and approved. Dubuque Industrial Center West: City Manager recommending approval to subdivide Lot 1 th of 2 of the Dubuque Industrial Center West 7 Addition into two parcels to accommodate the expansion of Art’s Way / Vessels, Inc. Upon motion the documents were received and filed and Resolution No. 384A-07 Accepting the deed to certain real estate in Dubuque County, Iowa, from Dubuque Initiatives was adopted. American Airlines: Communication to Mary Peters, Secretary – U.S. Department of Transportation, in support of an application made by American Airlines to obtain route authority to operate a daily nonstop flight from Chicago O’Hare International Airport to Beijing, China. Upon motion the documents were received and filed. Enterprise Zone Contract – Port of Dubuque New Main Development, LLC: City Manager recommending approval of a Housing Enterprise Zone Program Agreement by and among the Iowa Department of Economic Development, the City of Dubuque and Port of Dubuque New Main Development, LLC related to the development of the mixed-use building in the Port of Dubuque. Upon motion the documents were received and filed and Resolution No. 385-07 Approving a Housing Enterprise Zone Program Agreement by and among the Iowa Department of Economic Development, the City of Dubuque and Port of Dubuque New Main Development, LLC, was adopted. Urban Renewal Tax Increment Revenue Bonds – Port of Dubuque Parking Facility: City Manager recommending approval of the form of offering documents to be used in connection with the issuance of the above-referenced Bonds. Upon motion the documents were received and filed and Resolution No. 386-07 Approving the form of offering documents for the issuance of not to exceed $25,000,000 Urban Renewal Tax Increment Revenue Bonds, Taxable Series 2007, and authorizing execution and distribution of same was adopted. Dubuque Community School District – 1126 White Street: City Manager recommending acceptance of the Special Warranty Deed from the Dubuque Community School District for property located at 1126 White Street. Upon motion the documents were received and filed and Resolution No. 387-07 Accepting the deed to certain real estate in Dubuque County, Iowa from Dubuque Community School District was adopted. Office of the City Assessor: Communications from the City Assessor advising that Mary E. Gau, Michael Walsh, Kathryn Dean, David F. Krieg, McFadden Family Partnership, First National Bank, James and Donna McCann, Jeffrey D. Spahn, Linda A. Heyer, and John and Kathy Pesetski have appealed their 2007 property tax assessment to the Property Assessment Appeal Board in Des Moines. Upon motion the documents were received and filed. 4 RAGBRAI: Communication from T.J. Juskiewicz, RAGBRAI Director, advising that the alternate vehicle route for RAGBRAI will be through Dubuque. Upon motion the documents were received and filed. City of Kissimmee, Florida, Communication from the Mayor and City Council of Kissimmee, Florida, congratulating the City of Dubuque on being named a 2007 All-America City by the National Civic League. Upon motion the documents were received and filed. Citizen Communication: Communication from Greg and Dawn Swift requesting that the City rectify an omission to the description of their property at 919 Kirkwood Street. Upon motion the documents were received and filed, and referred to the City Manager. PEG Access: City Manager recommending approval of two requests for funding from the Capital Grant for Access Equipment and Facilities. Upon motion the documents were received and filed and approved. Cooper Management Company Liquor License Subpoenas: Assistant City Attorney recommending that City Clerk Jeanne Schneider be authorized to sign subpoenas on behalf of the City Council and to issue subpoenas for the Cooper Management Company liquor license suspension hearing scheduled for July 18, 2007. Motion by Cline to place on table. Seconded by Michalski. Motion carried 7-0. Legislative Correspondence: Communication to Senator Charles Grassley in opposition to the fee increase for general aviation. Upon motion the documents were received and filed. Water Meter Reading Services Consultant: City Manager recommending approval of the selection of HDR Engineering, Inc. to provide a recommendation for review of options relative to water meter reading in an amount not to exceed $31,810. Upon motion the documents were received and filed and approved. 2007 Safe Roads to School Grant: Communication to Mayor Rick Anderson in support of the City of Asbury’s 2007 Safe Roads to School Grant application. Upon motion the documents were received and filed. Stormwater Detention Basin Update: City Manager submitting updated information about the City’s Detention Basin Maintenance Program. Upon motion the documents were received and filed. Liquor License Transfers: Request of the Rotary Club to transfer their liquor license to the Alliant Amphitheater on July 28, 2007 and August 25, 2007. Upon motion the documents were received and filed and approved. Business License Refund: Request of WCB Hotels, Inc., 3100 Dodge Street, for a refund of their Class B Liquor License in the amount of $633.75. Upon motion the documents were received and 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. 388-07 Granting the issuance of a Class “C” Beer/Liquor License to Airport Inn, Walnut Tap, Tri State 5 Golf Center, Knickers Saloon (Three One-Day Outdoor Sale – July 21, August 25, and October 13, 2007); Special Class “C” Beer/Liquor License (Five Day Special Event) to Dubuque Area Labor Management; and a Class “B” Wine Permit to Basket Expressions, and Resolution No. 389-07 Granting the issuance of one renewal permit to sell cigarettes and cigarette papers in the City of Dubuque were adopted. ITEMS TO BE SET FOR PUBLIC HEARING Motion by Cline to receive and file the documents, 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. Cancer Survivor Park Lease Agreement: City Manager recommending that a public hearing be set for August 6, 2007 to consider disposing of interest in real property by lease agreement with the Finley Hospital for the Cancer Survivor Park. Upon motion the documents were received and filed and Resolution No. 390-07 Resolution of Intent to dispose of an interest in real property by lease with The Finley Hospital was adopted setting a public hearing at a meeting to commence at 6:30 p.m. on August 6, 2007, in the Public Library Auditorium. Water Revenue Capital Loan Notes: City Manager recommending that a public hearing be set for August 6, 2007 to consider approval of the issuance of $1,037,000 Water Revenue Capital Loan Notes: Upon motion the documents were received and filed and Resolution No. 391-07 Fixing date for a meeting on the authorization of a Loan and Disbursement Agreement and the issuance of $1,037,000 Water Revenue Capital Loan Notes of Dubuque, Iowa, and providing for publication of notice thereof setting a public hearing at a meeting to commence at 6:30 p.m. on August 6, 2007, in the Public Library Auditorium. Eagle Point Water Plant Clear Well Rehabilitation Project: City Manager recommending initiation of the public bidding process for the Eagle Point Water Plant Clear Well Rehabilitation Project and that a public hearing on the plans and specifications, form of contract, and estimated cost be set for August 6, 2007: Upon motion the documents were received and filed and Resolution No. 392-07 Preliminary approval of plans and specifications, form of contract, and estimated cost; setting date of public hearing on plans and specifications, form of contract, and estimated cost; and ordering the advertisement for bids for the Eagle Point Water Plant Clear Well Rehabilitation Project was adopted setting a public hearing at a meeting to commence at 6:30 p.m. on August 6, 2007, in the Public Library Auditorium. Five Flags Sidewalk Replacement Project: City Manager recommending initiation of the public bidding process for the Five Flags Sidewalk Replacement Project and that a public hearing on the plans and specifications, form of contract, and estimated cost be set for August 6, 2007. Upon motion the documents were received and filed and Resolution No. 393-07 Preliminary approval of plans and specifications, form of contract, and estimated cost; setting date of public hearing on plans and specifications, form of contract, and estimated cost; and ordering the advertisement for bids for the Five Flags Sidewalk Replacement Project was adopted setting a public hearing at a meeting to commence at 6:30 p.m. on August 6, 2007, in the Public Library Auditorium. Art’s Way / Vessel Systems Development Agreement: City Manager recommending that a public hearing be set for August 6, 2007 to consider approval of a development agreement with 6 Art’s Way / Vessel’s, Inc., the sale of 5.97 acres of land in Dubuque Industrial Center West and the use of Tax Increment Financing for this project. Upon motion the documents were received and filed and Resolution No. 394-07 Resolution of Intent to dispose of an interest in City of Dubuque real estate and fixing the date for a hearing on the City Council of the city of Dubuque, Iowa on the proposed issuance of urban Renewal Tax Increment Revenue Obligations and the execution of a Development Agreement relating thereto with Art’s Way Vessels, Inc., and providing for the publication of notice thereof was adopted setting a public hearing at a meeting to commence at 6:30 p.m. on August 6, 2007, in the Public Library Auditorium. BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the th following Boards/Commissions; 175 Anniversary Celebration Coordinating Committee Fifteen Member Ad Hoc Committee, Temporary Terms. One High School Student requirement. Applicants: Stephanie Tranmer, Shelby Duggan, Christin Meyer. Applicants Tranmer, Duggan, and Meyer all spoke in favor of their appointment. Motion by Michalski to th appoint all three applicants to the 175 Anniversary Celebration Coordinating Committee. Seconded by Cline. Motion passed 7-0. Historic Preservation Commission: (Two 3-year expired terms through July 1, 2010 – terms of Stuart and Whalen). Applicants for Jackson Park District; Dave Stuart, Robert McDonell. Upon vote, Robert McDonnell was appointed to a 3-year expired term through July 1, 2010. th Applicant for 11 Street District: John Whalen. Motion by Michalski to appoint John Wahlen to a 3-year expired term through July 1, 2010. Seconded by Connors. Motion carried 7-0. Investment Oversight Advisory Commission: (Two 3-year expired terms through July 1, 2010 – terms of Ruden and Reisdorf). Applicants: Stephen Reisdorf, Gary Ruden. Motion by Connors to appoint Gary Ruden and Stephen Reisdorf to 3-year expired terms through July 1, 2010. Seconded by Jones. Motion carried 7-0. Long Range Planning Advisory Commission: (Two 3-year expired terms through July 1, 2010 – terms of Winterwood and Prochaska). Applicants: Dr. Charles Winterwood, James Prochaska. Motion by Michalski to appoint Dr. Charles Winterwood and James Prochaska to 3-year expired terms through July 1, 2010. Seconded by Connors. Motion carried 7-0. TV Cable Teleprogramming Commission: (One 3-year expired term through June 30, 2010 – term of Everist). Applicant: Burton Everist. Motion by Connors to appoint Burton Everist to a 3-year term expiring June 30, 2010. Seconded by Lynch. Motion carried 7-0. Zoning Advisory Commission: (Two 3-year expired terms through July 1, 2010 – terms of Bird and Stiles). Applicants: Eugene Bird, Jeff Stiles, Charles Miller. Motion by Michalski to appoint Eugene Bird and Jeff Stiles to 3-year terms expiring July 1, 2010. Seconded by Lynch. Motion carried 7-0. PUBLIC HEARINGS SUSPEND THE RULES Upon motion the rules were suspended allowing anyone to address the City Council. Sewer Cured-in-Place Pipe (CIPP) Lining Project: Proof of publication on notice of hearing on the plans and specifications, form of contract, and estimated cost for the Sewer Cured-in- Place Pipe (CIPP) Lining Project and City Manager recommending approval. Motion by Jones 7 to receive and file, and adopt Resolution No. 395-07 Approving plans and specifications, form of contract, and estimated cost for the CIPP Lining Project. Seconded by Connors. Motion carried 7-0. Dubuque Community Ice and Recreational Center: Proof of publication on notice of hearing to consider approval of a lease agreement with Dubuque Community Ice and Recreational Center for a section of the McAleece Park and Recreation Complex and City Manager recommending approval. Motion by Jones to receive and file the documents and adopt Resolution No. 396-07 Disposing of an interest in real property by lease agreement with Dubuque Community Ice and Recreational Center. Seconded by Connors. John Ervolino, 928 Spires Drive, said that he has taken over project fundraising and that they will meet their financial goal. Michalski said that a traffic plan is vital to this project and asked that the organization apprise the City Council of its financial requirements. Jones said it is a good- looking, viable project with a good business plan. Motion carried 7-0. Iowa 32 (Southwest Arterial) Corridor – Text Amendment: Proof of publication on notice of hearing to consider a request from the City of Dubuque to amend Sections 4-4.2(A) Application Scope (Site Plans) and 6-1.5 of the Zoning Ordinance and Section 42-16 of the Subdivision Regulations to allow City Council approval of requests for site plan and rezoning within the Iowa 32 (Southwest Arterial) Corridor. 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 Connors. Motion carried 7-0. Motion by Michalski for final consideration and adoption of Ordinance No. 37-07 Amending City of Dubuque Code of Ordinances Appendix A (the Zoning Ordinance) Section 4-4.2(A) Moratorium for Site Plans in Iowa 32 (Southwest Arterial) Corridor and amending Section 6-1.5.5 A Moratorium for Rezoning Applications in the Iowa 32 (Southwest Arterial) Corridor; and Ordinance No. 38-07 Amending City of Dubuque Code of Ordinances Chapter 42 (Subdivision Regulations) Section 42-16 Iowa 32 (Southwest Arterial) Corridor review be adopted. Seconded by Connors. Motion carried 7-0. REINSTATE THE RULES Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Lake Ridge Drive – Final Plat: Zoning Advisory Commission recommending approval of the final plat of Lots 1 through 5 of Cedar Lake Building Group First Addition, as requested by Ben White. Motion by Connors to receive and file the documents and adopt Resolution No. 397-07 Approving the final plat of Lots 1 through 5 of Cedar Lake Building Group First Addition. Seconded by Lynch. Motion carried 7-0. Julien Care Place – Final Plat: Zoning Advisory Commission recommending approval of the final plat of Julien Care Place located on Seippel Road, south of Julien Care Facility, subject to the proposed roadway being named Humke Road or Humke Court, as requested by Dubuque County. Motion by Lynch to receive and file the documents and adopt Resolution No. 398-07 Approving the final plat of Julien Care Place in Dubuque County, Iowa. Seconded by Connors. Jones said that the County has requested naming the roadway “Public Safety Way.” He asked for removal of the condition naming it Humke Road or Humke Court citing higher citizen recognition with public safety. Lynch concurred amending his motion to name the street “Public 8 Safety Way.” Seconded by Connors. Motion carried 7-0. Arensdorf Acres – Final Plat: Zoning Advisory Commission recommending approval of the final plat of Arensdorf Acres located on Old Davenport Road in Dubuque County, as requested by William Burger. Motion by Cline to receive and file the documents and adopt Resolution No. 399-07 Approving the final plat of Arensdorf Acres. Seconded by Connors. Motion carried 7-0. Swiss Valley Farms – Sidewalk Installation Waiver Request: City Manager recommending approval of a request from Swiss Valley Milk Bottling plat at 3510 Central Avenue for a waiver for the construction of sidewalks along its Jackson Street frontage. Motion by Cline to receive and file the documents and adopt Resolution No. 400-07 Waiving the sidewalk requirement for Swiss Valley Farms at 3510 Central Avenue. Seconded by Connors. Connors said it was a good reason for the recommendation. Motion carried 7-0. RB Restaurant Management & Consulting (Bricktown Brewery) Liquor License: City Manager recommending that the liquor license application of RB Restaurant Management and Consulting be approved as a six-month license contingent on meeting the Building Code requirements. Motion by Cline to receive and file the documents and adopt Resolution No. 401-07 Granting the issuance of a Special Class “C” (BW) Liquor License and a Class “B” Wine Permit to RB Restaurant Management (Bricktown Brewery) for six (6) months. Seconded by Connors. Motion carried 7-0. Cooper Management, LLC (Bricktown) Hearing: Communication from Tom Bitter, representing Cooper Management, LLC, requesting the liquor license suspension hearing be rescheduled to later date. Motion by Cline to receive and file the documents and cancel the related hearing set for July 18, 2007. Seconded by Connors. Motion carried 7-0. Motion by Cline to remove from the table Consent Item (#32) Cooper Management Company Liquor License Subpoenas, which granted the City Clerk authority to sign subpoenas on behalf of the City Council. Seconded by Connors. Motion carried 7-0. Motion by Cline to receive and file the documents of Consent Item (#32) Cooper Management Company Liquor License Subpoenas. Seconded by Connors. Motion carried 7-0. CartêGraph Systems, Inc.: City Manager recommending that the City close out the development agreement with CartêGraph Systems, Inc. and determine that no penalties are due the City under the agreement. Motion by Michalski to receive and file the documents and approve. Seconded by Connors. Lynch said he certainly supports this recommendation and believes CartêGraph as done a good job. Motion carried 7-0. Modification of Ordinance 32-321.276: City Manager recommending approval of an amendment to Ordinance 32-321.276 to change the reference to “disabilities” from the current reference to “handicapped” and other updates as noted. 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 Connors. Motion carried 7-0. Motion by Michalski for final consideration and adoption of Ordinance No. 39-07 Amending Section 32-321.276 of the City of Dubuque Code of Ordinances Use of Certain Nonmotorized Vehicles, Conveyances and Equipment in Municipal Parking Garages or Lots and in Certain Other Places in the City. Seconded by Connors. Motion carried 7-0. 9 2006 International Mechanical (Heating, Air Conditioning and Ventilating) Code: City Manager recommending adoption of the 2006 International Mechanical Code (IMC) published by the International Code Council (ICC). 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 Braig. Motion carried 7-0. Motion by Jones for final consideration and adoption of Ordinance No. 40-07 Providing that the Code of Ordinances, City of Dubuque, Iowa be amended by repealing Section 24-1 thereof and enacting a new Section 24-1 thereof pertaining to revising and reenacting a Mechanical Code for the City of Dubuque, Iowa and providing for the issuance of permits and collection of fees therefore. Seconded by Braig. Motion carried 7-0. 2006 International Plumbing Code: City Manager recommending adoption of the 2006 International Plumbing Code (IPC) published by the International Code Council (ICC). 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 Michalski. Motion carried 7-0. Motion by Connors for final consideration and adoption of Ordinance No. 41-07 Providing that the Code of Ordinances, City of Dubuque, Iowa be amended by repealing Section 37-1 thereof and enacting a new Section 37-1 thereof pertaining to revising and reenacting a Plumbing Code for the City of Dubuque, Iowa and providing for the issuance of permits and collection of fees therefore. Seconded by Michalski. Motion carried 7-0. 2006 International Residential Code: City Manager recommending adoption of the 2006 International Residential Code (IRC) published by the International Code Council (ICC) and the adoption of four amendments recommended by the Building Code Board of Appeals. 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 Lynch. Motion carried 7-0. Motion by Michalski for final consideration and adoption of Ordinance No. 42-07 Amending the Code of Ordinances, City of Dubuque, Iowa by adding and enacting new Sections 11-5 and 11- 6 adopting the 2006 International Residential Code for the City of Dubuque, Iowa and providing for the issuance of permits and collection of fees therefore. Seconded by Connors. Buol questioned if Council could change the grandfathering clause. Braig suggested this be brought back after further consideration. Motion carried 7-0. 2006 International Building Code: City Manager recommending adoption of the 2006 International Building Code (IBC) published by the International Code Council (ICC). 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 Lynch. Motion carried 7-0. Motion by Jones for final consideration and adoption of Ordinance No. 43-07 Amending the Code of Ordinances, City of Dubuque, Iowa by repealing Section 11-1 and Section 11-2 and enacting new Section s11-1 and 11-2 in lieu thereof adopting the 2006 International Building Code for the City of Dubuque, Iowa and providing for the issuance of permits and collection of fees therefore. Seconded by Lynch. Jones said that he is proud of City staff and the amount of work done by the Building Department. Motion carried 7-0. 10 Federal Building Monumental Sign: City Manager recommending approval of the design concept for the Federal Building Monumental Sign: Motion by Cline to receive and file the documents, approve the design and naming the facility “Historic Federal Building. “ Seconded by Connors. Jones said that the design is missing “City of Dubuque” wording. Motion carried 4- 3 with Lynch, Michalski, and Braig voting nay. All-America City Award: City Manager recommending approval of the implementation of items for promotion of the All-America City Award. Motion by Jones to receive and file the documents and approve. Seconded by Lynch. Motion carried 7-0. th 175 Anniversary Celebration Coordinating Committee: Appointment of City Council th Member to the 175 Anniversary Celebration Coordinating Committee. Motion by Jones to Receive and file the documents and appoint Mayor Buol as the committee’s Council representative. Seconded by Connors. Motion carried 7-0. Legislative Priorities: City Manager recommending approval of the Legislative Priorities to be submitted to the Iowa League of Cities. Motion by Jones to receive and file the documents and approve. Seconded by Connors. Motion carried 7-0. CLOSED SESSION Upon motion the Council adjourned to Closed Session at 8:30 p.m. pending litigation and property acquisition pursuant to Chapter 21.5(1)(c)(j) 2007 Code of Iowa Upon motion Council reconvened regular session at 8:44 p.m. having given staff proper direction. There being no further business, upon motion the Council adjourned at 8:45 p.m. /s/Jeanne F. Schneider, CMC City Clerk 1t 7/27 11