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7 7 08 City Council Proceedings Official CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS OFFICIAL The Dubuque City Council met in special session at 5 p.m. on July 7, 2008 in the Historic Federal Building. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voetberg, City Manager Van Milligen; City Attorney Lindahl Mayor Buol read the call and stated this is a special session called for the purpose of con- ducting a work session on the Downtown Parking Needs Assessment Study. Parking Supervisor Tim Horsfield and Walker Parking Consultants representatives Phil Ba- ron and Terry Hokkola presented a history and draft study of downtown parking needs, which included a project overview, parking needs assessment, alternatives, and a preliminary finan- cial analysis. Short- to mid-term demand management strategies: Develop and implement marketing pro- gram, parking availability report, low emissions vehicle and rideshare incentive programs, offer remote shuttle lot program with Transit Division, reduce number of reserved parking permits to 10 percent of total off-street supply, increase number of general permits and oversell by 10 to 20 percent, and improve the City’s parking website. Mid- to long-term parking development strategies: 1) Warehouse District – Consider pub- lic/private partnership; Phase 1 Surface Lot (minimum net gain of 250 spaces); Phase 2 Ramp (minimum net gain of 500 spaces); Balance of parking deficit to be provided by private sector. thth 2) Zone 2 (5 to 10Sts., Bluff to Central Streets) – consider public/private partnership: Option 1 – Owner maximizes existing lot; Option 2 – Public/private partnership to build 300 spaces. Primary initiatives: Reduce the number of reserved parking spaces, offer rideshare benefits to help reduce demand, implement remote parking and transit alternative, market public park- ing to downtown organizations and business, maximize on-line capabilities – Parking Division Website, simplify citation payment process – go on-line. Objective: To increase utilization of existing resources. Methodology: Criteria, Weight, and Rank; proximity to demand, probable project cost, site availability and dimensions, revenue potential, proximity to demand (nights/weekends), traffic impact, mixed-use potential, adequacy of option to support future development, economic de- velopment impact. Key recommendations for consideration: redistribute reserve and non-reserve permits, max- imize opportunities to add on-street parking, implement marketing program, implement low- emission and rideshare incentive program, conduct Level Two Due Diligence of new parking development. Council questioned what the next step in the process would be. Parking Supervisor Tim Horsfield stated he and the consultants will incorporate the City Council comments and con- cerns into the final report and schedule a follow-up work session in August. There being no further business, upon motion the City Council adjourned at 6:14 p.m. Jeanne F. Schneider, CMC City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on July 7, 2008 in the Historic Federal Building. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voetberg, City Manager Van Milligen; City Attorney Lindahl Mayor Buol read the call and stated this is a regular session called for the purpose of dis- cussing such matters which may properly come before the City Council. Invocation was provided by Associate Pastor Bob Gross, Holy Spirit Pastorate. PROCLAMATIONS Dubuque County Fair Week (July 22 – 27, 2008) accepted by Jamie Blum, 14583 Old Highway Road; United Way Campaign Time (August 13 – October 31, 2008) accepted by th Carol Townsend, 215 W. 6 Street. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as th indicated. Seconded by Voetberg. Louise Kames, 201 W. 17 Street, requested (#33) Com- munication from the Arts and Cultural Affairs Advisory Commission be held for separate dis- cussion. Motion carried 7-0. Minutes and Reports Submitted: Airport Commission of 3/25 and 4/28; Arts and Cultural Af- fairs Advisory Commission of 5/27; Cable TV Teleprogramming Commission of 5/6; City Coun- cil of 6/16 and 6/30; Civil Service Commission of 5/16; Environmental Stewardship Advisory Commission of 7/1; Housing Commission of 4/10; Housing Commission Trust Fund Committee of 4/2; Plumbing Board as Amended of 2/28; Zoning Advisory Commission of 6/18 Proofs of publication of City Council Proceedings of June 2, 4, 9 and 16, 2008 Library Board of Trustees Update from Meeting of June 24, 2008 Upon motion the documents were received and filed. Notice of Claims/Suits: Laddie and Carol Sula for vehicle damage; Justin Ramos for vehicle damage; Adolph Dominick Petrillo III for vehicle damage; Jim Huff for vehicle damage. Upon motion the documents were received and filed and referred to the City Attorney. City Attorney advising that the following claims have been referred to Public Entity Risk Ser- vices of Iowa, the agent for the Iowa Communities Assurance Pool: Adolph Petrillo for vehicle damage; Vernon E. Puls for property damage. Upon motion the documents were received, filed, and concurred. Livability Awards Program: Communication from Senator Tom Harkin congratulating the City on the first place honors in the 2008 City Livability Awards Program. Upon motion the docu- ment was received and filed. 2 Board and Commission Resignations: Merle J. Duehr submitting his resignation from the Civil Service Commission effective June 30, 2008. Angela Mozena submitting her resignation from the Housing Commission effective August 17, 2008. Upon motion the documents were received and filed and the resignations accepted. Project Management – Part-Time Confidential Account Clerk: City Manager recommending approval of the creation of a part-time Confidential Account Clerk position (30 hours a week) to assist the Project Manager in the Engineering Department. Upon motion the documents were received, filed, and approved. Civil Service Commission: Civil Service Commission submitting the certified lists for the po- sitions of Police Officer, Information Technology Specialist and Assistant Gardener. Upon mo- tion the documents were received and filed and made a Matter of Record. June 17, 2008 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 2007 Code of Iowa, an examination for the position of Police Officer was given on May 3, 2008, followed by an agility test and an oral interview. We hereby certify that the individuals listed on the attached sheet have passed and vacancies for this position should be made from this list and that this list is good for one (1) year from above date. Respectfully submitted, Civil Service Commission, Merle Duehr, Loras Kluesner, Otto Krueger POLICE OFFICER Robert Brania David Berger Thomas Klosterman Kristen Swift Brandon Bauer John Conley Caren Tobin Josh Trowbridge Tony Dalsing Jacob Sellers Timothy Speltz Justin Potter Rick Jochum Nate Greene Code O’Hare Bob Papenthein Katie Bellini Kevin Cartee Amanda Fettgetter Kim Smith Andrew Reuter Corey Laufenberg Doug Kuehn Brian Johannsen Nick Jobgen Zach Lange Don Weig Dallas Winter Nick Flogel Scott Warren Brandon Snyder Nthan Mace Brock Hall Brad Krause Joseph Fleckenstein Andrea Young Matt Bennet Kyle Koltes Kevin Hoffmann 3 June 17, 2008 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 2007 Code of Iowa, an examination for the position of Information Technology Specialist was given on June 9, 2008. We hereby certify that the individuals listed below have passed this written examination and the vacancy for this position should be made from this list and that this list is good for two (2) years from above date. INFORMATION TECHNOLOGY SPECIALIST Nicholas Hauser John Deldegan Kristopher Nelson Jeffrey Rosemeyer Michael Wissing Dennis Wallace Ales Kubicek Mary McAuliffe John Jackson Joseph Cannavo Alicia Sprank Gerald Casey Melissa Gerten Joleen Breitbach Eugene Ploeger Zachary Winter Respectfully submitted, Civil Service Commission, Merle Duehr, Loras Kluesner, Otto Krueger June 17, 2008 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 2007 Code of Iowa, an examination for the position of Assistant Gardener was given on June 11, 2008. We hereby certify that the individuals listed below have passed this written examination and the vacancy for this position should be made from this list and that this list is good for two (2) years from above date. ASSISTANT GARDENER Terrance Koob Joshua Freiburger Gary Valentine Jeff Ahlers Joel Leach Terrance McCarthy Jeffrey Leibold Raymond Behnke Earl Alexander, Jr. James Pillard Eric Portzen Greg Schuckert Bradley Soat Stanley Kass Gerald Casey Randall Ludowitz Terrence Lambe Scott Ries Respectfully submitted, Civil Service Commission, Merle Duehr, Loras Kluesner, Otto Krueger 4 Citizen Communication: Communication from Paula Gieseman regarding her appointment to the Civil Service Commission. Upon motion the document was received and filed. Letter of Support: City Manager recommending approval of a Letter of Support for the U.S. Coast Guard’s wharf replacement project in the Ice Harbor at the Port of Dubuque. Upon mo- tion the documents were received, filed, and approved. Workers’ Compensation Excess Insurance: City Manager recommending approval of the re- newal rate submitted by Safety National for the excess workers’ compensation insurance effec- tive July 1, 2008 through June 30, 2009. Upon motion the documents were received, filed, and approved. Vacant and Abandoned Building and Problem Property Assessments: City Manager recom- mending approval of vacant and abandoned building and problem property assessments. Upon motion the documents were received and filed and Resolution No. 208-08 Adopting the schedule of assessments for the vacant and abandoned building and problem property charges specifying the number of annual installments into which assessments are divided, the interest on all unpaid installments, the time when the assessments are payable and directing the Clerk to certify the schedule of assessments to the County Treasurer and to publish notice thereof; and Resolution No. 209-08 Authorizing the City to collect delinquent vacant and aban- doned building and problem property charges in accordance with Section 26-3(b)(1)h; Section 26-4(b)(3) and Section 26-6(b) of the Code of Ordinances of the City of Dubuque, Iowa, were adopted. RESOLUTION NO. 208-08 ADOPTING THE SCHEDULE OF ASSESSMENTS FOR VACANT AND ABANDONED BUILDING AND PROBLEM PROPERTY CHARGES SPECIFYING THE NUMBER OF AN- NUAL INSTALLMENTS INTO WHICH ASSESSMENTS ARE DIVIDED, THE INTEREST ON ALL UNPAID INSTALLMENTS, THE TIME WHEN THE ASSESSMENTS ARE PAYABLE AND DIRECTING THE CLERK TO CERTIFY THE SCHEDULE OF ASSESSMENTS TO THE COUNTY TREASURER AND TO PUBLISH NOTICE THEREOF. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That after full consideration of the Schedule of Assessments attached hereto for vacant and abandoned building and problem property charges, was filed in the office of the City Clerk on nd the 2 day of July, 2008, the said Schedule of Assessments be and the same is hereby ap- proved and adopted. That there be, and is hereby assessed and levied as a special tax against and upon each of the lots, the respective sums indicated. That the City Clerk be and she is hereby directed to certify said schedule to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in the manner provided in Iowa Code §362.3, the first publication of which shall be for not more than 15 days from the date of filing of the final schedule. On or be- fore the date of the second publication of the notice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided and di- rected in Iowa Code §384.60. The assessments may be paid in full or in part without interest at the office of the City Trea- th surer, City Hall, 50 W. 13 Street, Dubuque, Iowa, at any time within 30 days after the date of the first publication of the notice of the filing of the Schedule of Assessments with the County 5 Treasurer. After 30 days, unpaid assessments of $100.00 or more are payable in 10 annual installments, at the County Treasurer’s Office, Dubuque County Courthouse, 720 Central Ave- nue, Dubuque, Iowa, and will draw annual interest at nine (9) percent (commencing on the date of acceptance of the work), computed to December 1 next following the due dates of the respective installments as provided in Section 384.65 of the Code of Iowa. Each installment will be delinquent from October 1 following its due date on July 1 of each year. Property own- ers may elect to pay any annual installments semiannually in advance. th Passed, approved and adopted this 7 day of July, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 209-08 RESOLUTION AUTHORIZING THE CITY TO COLLECT DELINQUENT VACANT AND ABANDONED BUILDING AND PROBLEM PROPERTY CHARGES IN ACCORDANCE WITH SECTION 26-3 (b)(1)h; SECTION 26-4.(b)(3) & SECTION 26-6.(b) OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA WHEREAS,residential properties in the City of Dubuque are considered hazardous or un- sanitary premises if vacant and abandoned buildings and problem properties are allowed to 26-3 (b)(1)h; and WHEREAS, whenever in the judgment of the Housing Officer, a nuisance that is “palpably and indisputably such” exists which requires immediate action to protect the public health, safety or welfare of the public, the Housing Officer may order the emergency abatement of such; and WHEREAS, delinquent vacant and abandoned building and problem property charges shall be certified by the City Clerk to the Dubuque County Treasurer for collection with, and in the same manner as general property taxes; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section I. That the persons hereinafter, owning the properties thereby set forth, are delin- quent in the payment of vacant and abandoned building and problem property charges: NAME AND ADDRESSPROPERTY DESCRIPTION AMOUNT Joseph E Healey 10-27-207-006 $124.02 2486 Crissy Drive LOT 416 LENOX ADD Dubuque, IA 52001 William J. Finn 10-24-134-046 $ 95.00 1860 Heeb Street LOTS 13 & 14 MARSHS ADD Dubuque, IA 52001 Rodney N. & Karen A. Errthum 10-24-257-011 $195.00 39411 Errthum Road NM 1/5 CITY LOT 490 Holy Cross, IA 52053 CNI Properties LLC 10-24-338-017 $625.00 4935 Wildflower Drive LOT 1-2-CITY LOT 667 & 2-2-2 OF CITY LOT 667 Dubuque IA 52002 6 Section 2. That the City Clerk be and she is hereby ordered and directed to certify to the County Treasurer of Dubuque County, Iowa, that the persons named hereinbefore are delin- quent in the payment of vacant and abandoned building and problem property charges in the amount set aside of the respective names, and that said amounts shall be collected in the same manner as general property taxes against the respective parcels of property set opposite the names of the owners. th Passed, approved and adopted this 7 day of July, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk State Historical Society of Iowa: Communication from the State Historical Society of Iowa advising that the Dubuque Millworking Historic District will be considered by the State National Register Nominations Review Committee for nomination to the National Register of Historic Places on August 22, 2008. Upon motion the document was received and filed. Ice Harbor Transient Boat Dock Project: City Manager recommending acceptance of the Ice Harbor Transient Boat Dock Project as completed by Newt Marine in the final contract amount of $520,546.71. Upon motion the documents were received and filed and Resolution No. 210- 08 Accepting the Port of Dubuque – Ice Harbor Transient Boat Dock Facility Project and autho- rizing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 210-08 ACCEPTING THE PORT OF DUBUQUE – ICE HARBOR TRANSIENT BOAT DOCK FACIL- ITY PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Port of Dubuque – Ice Harbor Transient Boat Dock Facility Project (the Project) has been completed and the City Engineer has ex- amined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the Ice Harbor Transient Boat Docks Capital Improvement Project and the Federal Boating Infrastruc- ture (Tier 1) Grant appropriation for the contract amount of $507,187.52 less any retained per- centage provided for therein as provided in Iowa Code chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code chapter 573. th Passed, approved and adopted this 7 day of July, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 7 CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE PORT OF DUBUQUE – ICE HARBOR TRANSIENT BOAT DOCK FACILITY PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Port of Dubuque - Ice Harbor Transient Boat Dock Facility Project, that the Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $550,064.09. th Dated this 7 day of July, 2008. Gus Psihoyos, City Engineer nd Filed in the office of the City Clerk on the 2 day of July, 2008. Jeanne F. Schneider, CMC, City Clerk Downtown Streetlight and Traffic Signalization Pole Painting Project: City Manager recom- mending acceptance of the Downtown Streetlight and Traffic Signalization Pole Painting Project as completed by Alan Jackson Tuckpointing, Inc. in the amount of $66,541.90. Upon motion the documents were received and filed and Resolution No. 211-08 Accepting the Down- town Streetlight and Traffic Signalization Pole Painting Project and authorizing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 211-08 ACCEPTING THE DOWNTOWN STREETLIGHT & TRAFFIC SIGNALIZATION POLE PAINTING PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Downtown Streetlight & Traffic Signaliza- tion Pole Painting Project (the Project) has been completed and the City Engineer has ex- amined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the Painting Program for City-Owned Streetlights and Traffic Signals and Downtown Streetlight Replace- ment Schedule Capital Improvement Project appropriations for the contract amount of $66,541.90 less any retained percentage provided for therein as provided in Iowa Code chap- ter 573, and to pay such retainage only in accordance with the provisions of Iowa Code chap- ter 573. th Passed, approved and adopted this 7 day of July, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE DOWNTOWN STREETLIGHT & TRAFFIC SIGNALIZATION POLE PAINTING PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Downtown Streetlight & Traffic Signalization Pole Painting Project, that the Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $76,404.69. th Dated this 7 day of July, 2008. Gus Psihoyos, City Engineer 8 nd Filed in the office of the City Clerk on the 2 day of July, 2008. Jeanne F. Schneider, CMC, City Clerk Bee Branch Creek Restoration Project: City Manager recommending approval to negotiate and execute a contract with History Pays! for a fee not to exceed $26,987 for the Bee Branch Creek Restoration Project. Upon motion the document was received, filed, and approved. Locust Street Connector and Central Avenue Traffic Control Camera and Fiber Optic Project: City Manager recommending award of the contract for the Locust Street Connector and Central Avenue Traffic Control Camera and Fiber Optic Project to Price Industrial Electric in the amount of $408,622. Upon motion the documents were received and filed and Resolu- tion No. 212-08 Awarding public improvement contract for the Locust Street Connector and Central Avenue Traffic Control Camera and Fiber Optic Project was adopted. RESOLUTION NO. 212-08 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE LOCUST STREET CONNEC- TOR AND CENTRAL AVENUE TRAFFIC CONTROL CAMERA AND FIBER OPTICS IM- PROVEMENTS PROJECT (IOWA DOT PROJECT NO. STP-A-946-0(1)--86-31) Whereas, sealed proposals have been submitted by contractors for the Locust Street Con- nector and Central Avenue Traffic Control Camera and Fiber Optics Improvements Project (Iowa DOT Project No. STP-A-946-0(1)--86-31) (the Project) pursuant to Resolution No. 184- 08 and Notice to Bidders published in a newspaper published in the City of Dubuque, Iowa on th the 5 day of June, 2008. Whereas, said sealed proposals were opened and read by the Iowa Department of Trans- th portation on the 17 day of June, 2008 and it has been determined that Price Industrial Electric of Hiawatha, Iowa, with a bid in the amount of $408,622.00, is the lowest responsive, respon- sible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: That a Public Improvement Contract for the Project is hereby awarded to Price Industrial Electric, subject to the concurrence by Iowa Department of Transportation (Iowa DOT), and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. th Passed, approved and adopted this 7 day of July, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Plat of Survey – Park View No. 2: Zoning Advisory Commission recommending approval of the Plat of Survey of Park View No. 2. Upon motion the documents were received and filed and Resolution No. 213-08 Approving the Plat of Survey of Park View No. 2 was adopted. RESOLUTION NO. 213-08 APPROVING THE PLAT OF SURVEY OF PARK VIEW NO. 2 IN THE CITY OF DUBUQUE, IOWA. Whereas, there has been filed with the City Clerk a Plat of Survey of Park View No. 2 in the City of Dubuque, Iowa; and; Whereas, said Plat of Survey provides 0 feet of lot frontage for Lot 1 and Lot 2, and 1,987 square feet of lot area, where 50 feet of lot frontage and 5,000 square feet of lot area are re- quired by Section 42-19(b) of the Subdivision Regulations; and 9 Whereas, the Plat of Survey has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said Plat of Survey has been examined by the City Council and they find that it conforms to the statutes and ordinances relating to it. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That Section 42-19(b) of the Subdivision Regulations is waived to allow Lot 1 and Lot 2 to have 0 feet of lot frontage and Lot 2 to have 1,987 square feet of lot area, where 50 feet of lot frontage and 5,000 square feet of lot area are required. Section 2. That the Plat of Survey of Park View No. 2 is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubu- que, Iowa, upon said final plat. th Passed, approved and adopted this 7 day of July 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Plat of Survey – Park View No. 3: Zoning Advisory Commission recommending approval of the Plat of Survey of Lot 1 of Park View No. 3. Upon motion the documents were received and filed and Resolution No. 214-08 Approving the Plat of Survey of Park View No. 3 was adopted. RESOLUTION NO. 214-08 APPROVING THE PLAT OF SURVEY OF LOT 1 OF PARK VIEW NO. 3 IN THE CITY OF DUBUQUE, IOWA. Whereas, there has been filed with the City Clerk a Plat of Survey of Lot 1 of Park View No. 3 in the City of Dubuque, Iowa; and; Whereas, the Plat of Survey has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said Plat of Survey has been examined by the City Council and they find that it conforms to the statutes and ordinances relating to it. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the Plat of Survey of Lot 1 of Park View No. 3 is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat. th Passed, approved and adopted this 7 day of July 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk SDAT Report: City Manager transmitting the American Institute of Architect’s Sustainable Design Assessment Team Report and Media Plan. Upon motion the documents were received and filed. Cooper Development, LLC: City Manager recommending approval of an agreement with Cooper Development, LLC to maintain as a parking lot the future city-owned parking lot at the rd corner of 3 Street and Locust Street. Upon motion the documents were received and filed and Resolution No. 215-08 Approving an agreement with Cooper Development Company, LLC in rd regard to the parking lot located at the southeast corner of 3 Street and Locust Street was adopted. 10 RESOLUTION NO. 215-08 APPROVING AN AGREEMENT WITH COOPER DEVELOPMENT COMPANY, LLC IN RE- RD GARD TO THE PARKING LOT LOCATED AT THE SOUTHEAST CORNER OF 3 STREET AND LOCUST STREET. Whereas, an agreement with Cooper Development Company, LLC. is necessary to facilitate rd the City purchase of property located at the southeast corner or 3 Street and Locust Street; and Whereas, the City Council finds that it is in the best interests of the City of Dubuque to pur- chase the Property; and Whereas, Cooper Development Company, LLC. has agreed to the conditions of the agree- ment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the Agreement attached hereto, is hereby approved. Section 2. That the City Manager is hereby authorized and directed to execute, on behalf of the City of Dubuque, Iowa, said Agreement. th Passed, approved and adopted this 7 day of July, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Downtown Rehabilitation Loan and Façade Grant: City Manager recommending approval of a $10,000 Façade Grant and a $300,000 Downtown Rehabilitation Loan to support the rehabil- itation of property at 1005 Main Street. Upon motion the documents were received and filed and Resolution No. 216-08 Authorizing a Letter of Commitment and additional actions concern- ing a Downtown Rehabilitation Loan and Façade Grant for property located at 1005 Main Street was adopted. RESOLUTION NO. 216-08 AUTHORIZING A LETTER OF COMMITMENT AND ADDITIONAL ACTIONS CONCERNING A DOWNTOWN REHABILITATION LOAN AND FAÇADE GRANT FOR PROPERTY LO- CATED AT 1005 MAIN STREET. Whereas, the City of Dubuque, Iowa, has created a Downtown Rehabilitation Loan/Grant Program for the purpose of stimulating reinvestment in the Greater Downtown Urban Renewal District; and Whereas, the City of Dubuque, Iowa is encouraging the use of this loan/grant program to finance code compliance activities and to spur job creation activities; and Whereas, the loan application from FFIP, LLC meets the requirements of this program; and Whereas, a Commitment Letter, hereto attached and by this reference made a part hereof, sets forth the terms and conditions of FFIP, LLC participation in the Downtown Rehabilitation Loan Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the application of FFIP, LLC for participation in the Downtown Rehabilitation Loan and Grant Program is hereby accepted and approved. Section 2. That the Mayor is hereby authorized to execute, on behalf of the City Council of the City of Dubuque, Iowa, the attached Commitment Letter and to forward said letter to FFIP, LLC for review and approval. 11 Section 3. That the City Manager be and he is hereby directed to prepare, upon execution and receipt of the attached Commitment Letter by the applicant, the necessary loan docu- ments in accordance with the terms and conditions set forth in said Commitment Letter. Section 4. That the City Manager is hereby authorized to execute, on behalf of the City Council of the City of Dubuque, Iowa, all necessary loan documents and is further authorized to disburse loan funds from the Downtown Rehabilitation Loan/Grant Program, in accordance with the terms and conditions of the executed agreement. th Passed, approved and adopted this 7 day of July, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Fiscal Year 2009 Arts and Culture Funding Program: Arts and Culture Affairs Advisory Commission recommending approval of twelve Fiscal Year 2009 Arts and Culture Operating Support funding requests and authorization for the City Manager to sign the funding agree- ments. Upon motion the documents were received, filed, and approved. Fiscal Year 2009 Special Projects Arts and Culture Grants: Arts and Cultural Affairs Advisory Commission recommending approval of the Fiscal Year 2009 Arts and Culture Grants for Spe- cial Projects and authorization for the City Manager to sign the grant agreements. Workers’ Compensation Claim: City Manager recommending approval of the settlement agreement for the workers’ compensation claim of Scott Pape. Upon motion the documents were received, filed, and approved. Purchase of Property – SB Development, LLC: City Manager recommending acceptance of the deed for property purchased from SB Development, LLC for the Bee Branch project. Upon motion the documents were received and filed and Resolution No. 217-08 Accepting the deed to certain real estate in Dubuque County, Iowa from SB Development, LLC was adopted. RESOLUTION NO. 217-08 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM SB DEVELOPMENT, LLC WHEREAS, the City of Dubuque entered into an Agreement with SB Development, LLC for the purchase of the following described real property in Dubuque County, Iowa: Lots 378, 379, 380, 381, 382, 413, 414, 415, 416 and 417, in East Dubuque No. 2, in the City of Dubuque, Iowa, according to the recorded plat thereof and Lot 378A in East Dubuque No. 2 in the City of Dubuque, Iowa; and WHEREAS, the terms of the Agreement have now been met. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA, AS FOLLOWS: 1. The City of Dubuque hereby accepts the Warranty Deed from SB Development, LLC at- tached hereto. 2. The City Clerk is hereby authorized and directed to record this Resolution and the War- ranty Deed with the Dubuque County Recorder. th Passed, approved and adopted this 7 day of July, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 12 Assistance to Firefighters Grant: City Manager recommending approval of an Assistance to Firefighters Grant application for 2008 that is administered through the Federal Homeland Se- curity Department. Upon motion the documents were received, filed, and approved. Mutual Aid Agreement – Galena, Illinois: City Manager recommending approval of a 28E Mutual Aid Agreement for aerial ladder apparatus between the City of Dubuque and the City of Galena, Illinois. Upon motion the documents were received, filed, and approved. Eide Bailly Audit Agreement: City Manager advising that the Eide Bailly Audit Engagement Letter has been signed. Upon motion the document was received, filed, and approved. City Development Board: Communication from Steven R. McCann, City Development Board, advising that the City of Dubuque’s voluntary annexation request will be heard by the Board on July 9, 2008. Upon motion the document was received and filed. Climate Communities Membership: City Manager recommending that the City join Climate Communities, an organization that is partnering with the International Council for Local Envi- ronmental Initiatives (ICLEI) to promote local government leadership regarding climate change. Upon motion the documents were received, filed, and approved. PEG Capital Grant Expenditure Request: City Manager recommending approval of five re- quests for funding from the Capital Grant for Access Equipment and Facilities. Upon motion the documents were received, filed, and approved. City Manager Employment Agreement: Submittal of the Eighteenth Amendment to the City Manager’s Employment Agreement for approval. Upon motion the document was received, filed, and approved. Bluff Overlay District Ordinance: Communication from the Dubuque Board of Realtors in op- position to the proposed bluffland ordinance. Communication from Mike and Cheri Sullivan, 838 Althauser, in opposition to the proposed Bluff Overlay District ordinance. Communication from Mark E. Molo, Molo Companies, in opposition to the Bluff Overlay Dis- trict. Upon motion the documents were received and filed. Arts and Cultural Affairs Advisory Commission: Communication from the Arts and Cultural Affairs Advisory Commission regarding the Edward S. Curtis: The North American Indian col- lection. Motion by Jones to receive and file the document. Seconded by Braig. Arts and Cultur- th al Affairs Advisory Commission Chairperson Louise Kames, 201 W. 17 Street, provided a his- tory of the Curtis collection and stated that the Commission believed the collection to be of val- ue to Dubuque citizens and should stay in Dubuque. She also stated that there had been an offer by a local group to fund the Library’s funding shortfall if the collection stayed in Dubuque. Braig stated that she appreciated all the work put forth but felt the need to keep going. Jones stated that he would like to see the collection stay in Dubuque but would stand by the decision of the Library Board. Lynch stated that there needs to be open and honest discussion on the subject and questioned if there were other collections involved in the deal such as the Grant Wood items. Buol thanked the group which offered to fund the shortfall. Motion carried 7-0. 13 Fremont Heights Detention Basin: City Manager submitting information in response to a complaint about the Fremont Heights Detention Basin. Upon motion the documents were re- ceived and filed. Liquor License Transfers: The Rotary Club requesting a transfer of their liquor license to the Alliant Outdoor Amphitheater at the Star Brewery Company on July 26 and August 23, 2008. Upon motion the documents were received, filed, and approved. Liquor License Applications: City Manager recommending approval of annual liquor license renewals as submitted. Upon motion the documents were received and filed and Resolution No. 218-08 Granting the issuance of one new permit to sell cigarettes and cigarette papers to Pioneer’s Rest Area; Resolution No. 219-08 Granting the issuance of 28 renewal permits to sell cigarettes and cigarette papers; Resolution No. 220-08 Granting the issuance of a Class “B” Beer Permit (5-Day Special Event) to Dubuque Jaycees; and a Class “C” Beer Permit to Cedar Cross Amoco and Oky Doky #6; and Resolution No. 221-08 Granting the issuance of a Class “C” Beer/Liquor License (5-Day) to Dubuque Area Labor Management Council; and a Class “B” Wine Permit to Church of the Resurrection and Oky Doky #6 were adopted. RESOLUTION NO. 218-08 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: That the following having complied with the provisions of law relating to the sale of Ciga- rettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. NEW Pioneer’s Rest Area George B. Isaac 4900 Old Highway Road th Passed, approved and adopted this 7 day of July, 2008 Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 219-08 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: That the following having complied with the provisions of law relating to the sale of Ciga- rettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. 28 RENEWALS Awn Stop Mart # 2 Waseem-Choudhry 1401 Central Avenue Awn Stop Mart Waseem-Choudhry 1998 Jackson Street Cedar Cross Amoco BP LB Metcalf, Inc 1200 Cedar Cross Road CueMasters Billiards William F. Kramer 900 Central Avenue Diamond Jo Casino Diamond Jo, LLC 400 E. 3 rd Street Dubuque Mining Company Aptmts LTD 555 JFK Road Eagle Country Market Peter Clarke 1800 Elm Street Econo foods # 471 Nash Finch Company 3355 JFK Road Family Mart Family Mart, Inc 3201 Central Avenue Instant Replay Pamela Arensdorf 1602 Central Avenue KeyWest Conoco Rainbo Oil Company 2150 Twin Valley Road Kwik Stop Rainbo Oil Company 2335 University Avenue 14 Kwik Stop Rainbo Oil Company 4039 Pennsylvania Avenue Kwik Stop Rainbo Oil Company 2390 Central Avenue Kwik Stop Rainbo Oil Company 2255 Kerper Blvd. Kwik Stop Rainbo Oil Company 2320 HWY 61 Lucky 13 David Erickson 385 E 13 th Street McCann’s Service McCann’s Service Inc. 690 W . Locust Street Murph’s South End Tap Pam Murphy 135 Fremont Avenue O’Clock Industries Patrick O’Clock 2670 Sun Ridge Court Oky Doky #2 TFM Co. 51 W 32 nd Street Oky Doky #6 TFM Co. 1256 Iowa Street Oky Doky #21 TFM Co. 2010 Kerper Blvd Oky Doky # 1 TFM Co. 250 W 1 st Street Oky Doky Foods # 14 Kristina Chapman 1050 University Avenue Oky Doky #8 Hill Street Plaza 535 Hill Street Walnut Tap Craig J. Weiner 709 University Avenue West Locust Mart Lee W. Potter 408 W. Locust Stret th Passed, approved and adopted this 7 day of July, 2008 Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 220-08 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State Laws and all City Ordinances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS “C” BEER/LIQUOR LICENSE (5 DAY LICENSE) Dubuque Area Labor Mgmt. Dubuque Area Labor Mgmt. Town Clock Plaza CLASS “B” WINE Church of the Resurrection Church of the Resurrection 4300 Asbury Road TFM Co. Oky Doky #6 1256 Iowa Street Passed, approved and adopted this 7th day of July, 2008 Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 221-08 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved: and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. 15 CLASS “B” BEER PERMIT (5 DAY SPECIAL EVENT) Dubuque Jaycees Dubuque Jaycees Town Clock Plaza CLASS “C” BEER PERMIT L B Metcalf, Inc Cedar Cross Amoco+(Sunday Sale) 1200 Cedar Cross Road TFM Co Oky Doky # 6+(Sunday Sale) 1256 Iowa Street Passed, approved and adopted this 7th day of July, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk ITEMS TO BE SET FOR PUBLIC HEARING Motion by Jones to receive and file the documents, adopt the resolutions, set the public hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Connors. Motion carried 7-0. th 11 Street Steps and Grove Terrace Retaining Wall Repair Project: City Manager recom- th mending initiation of the public bidding process for the 11 Street Steps and Grove Terrace Re- taining Wall Repair Project and that a public hearing be set for July 21, 2008 to consider ap- proval of the plans and specifications, form of contract and estimated cost. Upon motion the documents were received and filed and Resolution No. 222-08 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing and ordering th bids for the 11 Street Steps and Grove Terrace Retaining Wall Repair Project was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on July 21, 2008 in the Histor- ic Federal Building. RESOLUTION NO. 222-08 TH 11 STREET STEPS & GROVE TERRACE RETAINING WALL RECONSTRUCTION PROJECT PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICA- TIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTI- SEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: th The proposed plans, specifications, form of contract and estimated cost for the 11 Street Steps & Grove Terrace Retaining Wall Reconstruction Project, in the estimated amount $673,076.46, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. st A public hearing will be held on the 21 day of July, 2008, at 6:30 p.m. in the Historic Fed- eral Building Council Chambers at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twen- ty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. th The 11 Street Steps & Grove Terrace Retaining Wall Reconstruction Project is hereby or- dered to be advertised for bids for construction. 16 The amount of the security to accompany each bid shall be in an amount which shall con- form to the provisions of the Notice to Bidders hereby approved. The City Clerk is hereby directed to advertise for bids for the construction of the improve- ments herein provided, by publishing the attached Notice to Bidders to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be pub- lished not less than four but not more than forty-five days before the date for filing bids before th 2:00 p.m. on the 16 day of July, 2008. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for final action at the public hearing at 6:30 p.m. st on the 21 day of July, 2008, in the Historic Federal Building Council Chambers (second floor), th 350 West 6 Street, Dubuque, Iowa. th Passed, adopted and approved this 7 day of July, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Iowa Street Parking Ramp to NICC Building – Walkway Project: City Manager recommend- ing initiation of the public bidding process for the Iowa Street Parking Ramp to NICC Building – Walkway Project and that a public hearing be set for July 21, 2008 to consider approval of the plans and specifications, form of contract and estimated cost. Upon motion the documents were received and filed and Resolution No. 223-08 Preliminary approval of plans, specifica- tions, form of contract, and estimated cost, setting date of public hearing and ordering bids for the Iowa Street Parking Ramp to NICC Building – Walkway Project was adopted setting a pub- lic hearing for a meeting to commence at 6:30 p.m. on July 21, 2008 in the Historic Federal Building. RESOLUTION NO. 223-08 IOWA STREET RAMP TO NICC ELEVATED WALKWAY PROJECT PRELIMINARY AP- PROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CON- TRACT AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT OF BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the Iowa Street Ramp to NICC Elevated Walkway Project, in the estimated amount of $72,691 are hereby pre- liminarily approved and ordered filed in the office of the City Clerk for public inspection. st A public hearing will be held on the 21 day of July, 2008 at 6:30 P.M. in the Historic Feder- al Building Council Chambers at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twen- ty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the project. The Iowa Street Ramp to NICC Elevated Walkway Project is hereby ordered to be adver- tised for bids for construction. The amount of the security to accompany each bid shall be in an amount which shall con- form to the provisions of the Notice to Bidders hereby approved. The City Clerk is hereby directed to advertise for bids for the construction of the improve- ments herein provided, by publishing the attached Notice to Bidders to be published in a 17 newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be pub- lished not less than four but not more than forty-five days before the date for filing bids before th 2:00 P.M. on the 24 day of July, 2008. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for final action at the public hearing at 6:30 th P.M. on the 4 day of August, 2008, in the Historic Federal Building Council Chambers th (second floor), 350 West 6 Street, Dubuque, Iowa. th Passed, adopted and approved this 7 day of July, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the fol- lowing Boards/Commissions: Civil Service Commission (Mayor Appointment). One 4-year vacant term though April 6, 2009 (Term of Duehr). Applicants: John Stevens, 2215 Graham Circle; Daniel White, 2919 Elm Street; Joseph Link, 1290 Pamela Court (Additional Applicant). Mr. White spoke in support of his appointment. Historic Preservation Commission (Interim Cathedral Hill District Representative). One 3- year vacant term through July 1, 2012 (Term of Coty). Applicant: Michael Knight, 205 Bluff Street. Mr. Knight spoke in support of his appointment. Transit Board of Trustees: Two 3-year expired terms through July 30, 2011 (Terms of En- derson, Lightcap, Davidson). Applicants: George Enderson, Jr., 511 St. George Street; Joel Lightcap, 1985 Alta Vista Street. Zoning Board of Adjustment: One 5-year vacant term though March 25, 2013 (Term of Urell) Applicant: Jeff Cremer, 919 ½ Bluff Street. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone to address the City Council. Individual Historic Designation – 2537 Windsor Avenue: Proof of publication on notice of hearing to consider Individual Historic Designation of 2537 Windsor Avenue and Long Range Planning Advisory Commission recommending approval as it is consistent with the 2008 Du- buque Comprehensive Plan. Communication from the State Historical Society of Iowa regarding the designation of 2537 Windsor Avenue as an Individually Designated Historic Property. Motion by Connors to receive and file the documents and that the requirement that a pro- posed 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. Assistant Planner Dave Johnson provided a staff report. Motion by Connors for final consideration and passage of Ordinance No. 46-08 Amending Chapter 25 (Historic Preservation) of the City of Dubuque Code of Ordinances by adding Sec- tion 25-6.14(3) Establishing an Individually Designated Historic Property at 2537 Windsor Ave- nue. Seconded by Jones. Motion carried 7-0. 18 OFFICIAL PUBLICATION ORDINANCE NO. 46-08 AN ORDINANCE AMENDING CHAPTER 25 (HISTORIC PRESERVATION) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY ADDING SECTION 25-6.14(4) ESTABLISHING AN INDIVIDUALLY DESIGNATED HISTORIC PROPERTY AT 2537 WINDSOR AVENUE. Whereas, the Historic Preservation Commission, at the request of the property owner, has recommended an amendment to Chapter 25 (Historic Preservation) of the City of Dubuque Code of Ordinances to establish an Individually Designated Historic Property at 2537 Windsor Avenue as it is consistent with the criteria for said designation; and Whereas, the City of Dubuque may establish individually designated historic properties to al- low for historic preservation funding and design review for exterior alterations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. Section 25-6.14, Individually Designated Historic Properties; of the City of Dubu- que Code of Ordinances is hereby amended by adding the following new subsection: (4) The buildings, structures, objects, sites and property situated onLot 20 Staffords Add, also known as 2537 Windsor Avenue. Section 2. This ordinance shall take effect immediately upon publication, as provided by law. th Passed, approved and adopted this 7 day of July, 2008. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 11 day of July, 2008. /s/Jeanne F. Schneider, CMC, City Clerk Cottingham and Butler – Request for Text Amendment: Proof of publication on notice of pub- lic hearing to consider a request from Cottingham and Butler for a text amendment to the C-5 Downtown Business District Sign Regulations to place a freestanding sign along the Main Street frontage and Zoning Advisory Commission recommending approval. Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be consi- dered 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. Associate Planner Kyle Kritz provided a staff report. Marty Johnson, Straka Johnson Architects, 10502 St. Joseph Drive, provided an explanation of the project on behalf of Cottingham and Bulter. Upon ques- tioning by Connors, Mr. Johnson stated that a 20 foot bow in the sidewalk would allow for pe- destrian traffic around the sign. Motion by Jones for final consideration and passage of Ordinance No. 47-08 Amending Ap- pendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances by repealing Section 4-3.11 Schedule of Sign Regulations for the C-5 Central Business District, and adopt- ing a new Section 4-3.11 Schedule of Sign Regulations for the C-5 Central Business District in thth lieu thereof, pertaining to the addition of freestanding identification signs from 8 to 10 Streets along either side of Main Street. Seconded by Voetberg. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 47-08 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY REPEALING SECTION 4-3.11 SCHEDULE OF SIGN REGULATIONS FOR THE C-5 CENTRAL BUSINESS DISTRICT AND ADOPTING SECTION 4-3.11 SCHEDULE OF SIGN REGULATIONS FOR THE C-5 CENTRAL BUSI- 19 NESS DISTRICT IN LIEU THEREOF, PERTAINING TO THE ADDITION OF FREESTAND- THTH ING IDENTIFICATION SIGNS FROM 8 TO 10 STREETS ALONG EITHER SIDE OF MAIN STREET. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordin- ances is hereby amended by repealing section 4-3.11 Schedule of Sign Regulations for the C- 5 Central Business District and adopting section 4-3.11 Schedule of Sign Regulations for the C-5 Central Business District in lieu thereof, pertaining to the addition of freestanding identifi- thth cation signs from 8 to 10 streets along either side of Main Street, as shown in Exhibit A. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. th Passed, approved and adopted this 7 day of July, 2008. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 12 day July, 2008. /s/Jeanne F. Schneider, CMC, City Clerk City of Dubuque – Request for Text Amendment: Proof of publication on notice of public hearing to consider a request from the City of Dubuque to amend the Dubuque Industrial Cen- ter West PUD Planned Unit Development Sign Regulations to allow primary signs to identify products or services 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. Associate Planner Kyle Kritz provided a staff report. Motion by Connors for final consideration and passage of Ordinance No. 48-08 Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances by repealing Sections E(3)(A)(2) and E(3)(A)(3) of Ordinance 83-04 And enacting new Sections E(3)(A)(2) And E(3)(A)(3) in lieu thereof pertaining to on-premise primary signage of the PI Planned In- dustrial District for Dubuque Industrial Center West. Seconded by Lynch. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 48-08 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY REPEALING SECTIONS E(3)(a)(2) AND E(3)(a)(3) OF ORDINANCE 83-04 AND ENACTING NEW SECTIONS E(3)(a)(2) AND E(3)(a)(3) IN LIEU THEREOF PERTAINING TO ON-PREMISE PRIMARY SIGNAGE OF THE PI PLANNED INDUSTRIAL DISTRICT FOR DUBUQUE INDUSTRIAL CENTER WEST. Whereas, Ordinance 83-04 was adopted on December 20, 2004, by the City Council amending the PI Planned Industrial District for Dubuque Industrial Center West; and Whereas, an amendment has been requested to amend the PUD Ordinance regulating on- premise signage allowed in the PI Planned Industrial District for Dubuque Industrial Center West. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: 20 Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordin- ances is hereby amended by repealing Sections E(3)(a)(2) and E(3)(a)(3) of Ordinance 83-04 and enacting new Sections E(3)(a)(2) and E(3)(a)(3) in lieu thereof as follows: E(3)(a)(2): Company Primary Signs: Limited to identification of uses in Zones B, C, D and E. Identification of company name ? Identification of company products or services by generic name only ? Street address ? Graphic symbol or log identified with the company ? E(3)(a)(3): Commercial primary Signs: Limited to identification of uses in Zone A: Identification of business name ? Identification of business products or services by generic name only. ? Graphic symbol or log identified with the business ? Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. th Passed, approved and adopted the 7 day of July, 2008. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 12 day of July, 2008. /s/Jeanne F. Schneider, CMC, City Clerk Water Pollution Control Plant Facility Plan: Proof of publication on notice of public hearing to consider a facility planning process and schedule for biosolids treatment at the Water Pollution Control Plant and City Manager recommending approval. Correspondence and CD from Gerhardt Van Drie regarding the operation of the Water Pol- lution Control Plant. Motion by Jones to receive and file the documents and approve. Seconded by Voetberg. Paul Horsfall, 575 Sapphire Circle, spoke in favor of the anaerobic digestion option. Green Du- buque representative Raki Giannakouros, Green Dubuque, 2811 JFK Road, #1, commended the City Council and staff and requested consideration of the use of methane in the planning phase. Dr. Charles Winterwood, 1555 Montrose Terrace, spoke in favor of methane capture. Upon questioning by Resnick, Strand Associates Project Manager Randy Wirtz explained the flexibility of using four digesters rather than three. Motion carried 7-0. Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Memorial Donation – Resurface Tennis Courts in Eagle Point Park: City Manager recom- mending acceptance of a $30,000 donation from the family of Mr. and Mrs. Robert Klavitter to resurface and improve the tennis courts in Eagle Point Park. Motion by Braig to receive and file the documents and approve. Seconded by Connors. Jones commended the family for their generosity. Motion carried 7-0. Request to Address the City Council – Alan B. Chidley: City Attorney recommending denial of the claim of Alan B. Chidley for vehicle damage. Communication from Alan B. Chidley regarding the denial of his claim for vehicle damage. 21 City Attorney submitting information regarding the denial of Alan B. Chidley’s claim for ve- hicle damage. Motion by Connors to receive and file the documents and approve payment of the claim. Seconded by Braig. Alan Chidley, 16481 Coventry Lane, spoke in support of payment of his claim and commended City staff. Braig stated that the pictures provided by Mr. Chidley was clear evidence that the pipe that damaged Mr. Chidley’s tire had been there for some time and questioned if staff walks the area following a street project. Public Works Manager Don Vogt stated that when a project is finished it is immediately opened curb to curb for traffic. He also stated that the department does not have a curb repair program. Jones stated that this was an unfortunate reality but believed paying the claim would open the City to additional liability. Lin- dahl stated that it falls under constructive notice as to whether someone should have noticed it. Paying the claim may open the door to others coming forward to appeal the denial of claims. Motion carried 7-0. Tattoo Ordinance: City Manager submitting information regarding the City’s ordinance regu- lating tattooing and providing three options for City Council consideration. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be con- sidered 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. Jeff Davis, Mystic Tattoo, 358 State Road 35, Hazel Green, WI, spoke in preference of the second ordinance. Voetberg stated the wording regarding supervision of a physician was ambiguous and supported the second ordinance. Lynch questioned the possibility of a certificate of supervision as part of the ordinance. Motion by Connors for final consideration and passage of Ordinance No. 49-08 Amending City of Dubuque Code of Ordinances by repealing Section 23-2 Tattooing and adopting a new Section which adopts the State of Iowa Tattooing Code and Administrative Rules. Seconded by Braig. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 49-08 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES BY REPEALING SECTION 23-2 TATTOOING AND ADOPTING A NEW SECTION WHICH ADOPTS THE STATE OF IOWA TATTOOING CODE AND ADMINISTRATIVE RULES Section 1. City of Dubuque Code of Ordinances § 23-2 is repealed and the following new section is hereby adopted: Section 23-2. State Code Adopted: There is hereby adopted and incorporated by reference Iowa Code chapter 135.37 TAT- TOOING – PERMIT REQUIRED – PENALTY, as amended, and Iowa Administrative Code chapter 641-22, "Practice of Tattooing", adopted by the Iowa Department of Public Health re- vised January 15, 2003, which applies to sanitation and infection control, equipment, proce- dures, application for permit, the permit process, variances, adverse actions, the appeal process, and procedures for health departments to provide for the inspection and enforcement of such rules. Section 2. This Ordinance shall take effect on publication. th Passed, approved and adopted the 7 day of July, 2008. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 11 day of July, 2008. /s/Jeanne F. Schneider, CMC, City Clerk 22 Community Economic Betterment Account (CEBA) – Quebecor: City Manager recommend- ing approval of a Community Economic Betterment Account (CEBA) Application and a High Quality Job Program Application to the Iowa Department of Economic Development on behalf of Quebecor World Dubuque and a $100,000 UDAG Loan from the City. Motion by Connors to receive and file the documents and adopt Resolution No. 224-08 Authorizing the filing of a Community Economic Betterment Account (CEBA) and High Quality Jobs Program (HQJP) application on behalf of Quebecor World Dubuque, Inc. Seconded by Braig. Upon questioning by Voetberg, Economic Development Director Dave Heiar explained that Council is authorizing the loan; however, negotiations regarding loan security are incomplete. Motion carried 7-0. RESOLUTION NO. 224-08 A RESOLUTION AUTHORIZING THE FILING OF A COMMUNITY ECONOMIC BETTER- MENT ACCOUNT (CEBA) AND HIGH-QUALITY JOBS PROGRAM (HQJP) APPLICATION ON BEHALF OF QUEBECOR WORLD DUBUQUE, INC. Whereas, Quebecor World Dubuque, Inc. has proposed the expansion of its operations in Dubuque, Iowa; and Whereas, the City Council of Dubuque, Iowa has considered said proposal and has deter- mined that the proposed project will contribute to the local economy through maintaining 333 jobs for area residents; and Whereas, the Iowa Department of Economic Development's Community Economic Better- ment Account (CEBA) and High Quality Job Program (HQJP) was designed to assist in the economic development efforts of local jurisdictions; and Whereas, the City of Dubuque, Iowa is eligible to apply for funding from the CEBA and HQJP programs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the filing of an application for participation in the Community Economic Bet- terment Account program and High Quality Job Program on behalf of Quebecor World Dubu- que, Inc. is hereby approved. Section 2. That the local match identified in the application consisting of a $100,000 Urban Development Action Grant (UDAG) zero interest loan to assist the project is approved. Section 3. That the Mayor is hereby authorized to execute and the City Manager is hereby directed to submit said application to the Iowa Department of Economic Development together with such documents as may be required. th Passed, approved, and adopted this 7 day of July, 2008. Roy D. Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk Stone Cliff – Lighting on Railroad Bridge: Communication from Bob Smith, Stone Cliff Wine- ry, requesting a letter of support for the installation of holiday style lighting on the railroad bridge from the Port of Dubuque to the tunnel entrance in East Dubuque. Motion by Connors to receive and file and approve a letter of support. Seconded by Braig. Motion carried 6-1 with Voetberg voting nay. Washington Street Row House Purchase: City Manager recommending approval of the pur- chase of a row house apartment unit located at 1787 Washington Street as part of the Wash- ington: Revitalize! strategy. Motion by Voetberg to receive and file the documents and adopt Resolution No. 225-08 Approving the acquisition of real estate located at 1787 Washington Street in the City of Dubuque, Iowa. Seconded by Jones. Motion carried 7-0. 23 RESOLUTION NO. 225-08 A RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE LOCATED AT 1787 WASHINGTON STREET, IN THE CITY OF DUBUQUE, IOWA WHEREAS, the City of Dubuque intends to acquire certain properties located in the Wash- ington Neighborhood for the purpose of their rehabilitation and resale; and WHEREAS, such acquisitions are intended to result in increased owner-occupancies, im- proved properties and increased real estate values. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the City of Dubuque hereby approves the acquisition of the following legally- described property: Lot One (1) of Lot Two (2) of the East One-half (E ½) of Lot Ninety-one (91) in East Dubu- que Addition, in the City of Dubuque, Iowa, according to the corrected plat in Book of Plats #24, page 103, Records of Dubuque County, Iowa; together with and subject to all rights and easements of record, at the cost of Thirty-eight thousand dollars ($38 000.) Section 2. That the City of Dubuque be and is hereby authorized to accept a Warranty Deed from the owner, conveying the owner’s interest to the City of Dubuque, Iowa for the herein de- scribed real estate. Section 3. That the City Clerk be and she is hereby authorized and directed to cause said Warranty Deed to be recorded in the Office of the Dubuque County Recorder, together with certified copy of the Resolution. Section 4. That the City Clerk be and she is hereby directed to forward a copy of this Reso- lution to the Dubuque County Assessor and the Dubuque County Auditor. th PASSED, APPROVED AND ADOPTED this 7 day of July, 2008. Roy D Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk COUNCIL MEMBER REPORTS Buol reported on the U.S Conference of Mayors, receiving the Livability Award, and Science in Schools. CLOSED SESSION Motion by Jones at 8:14 p.m. for City Council to enter into closed session regarding pending litigation and property acquisition pursuant to Chapter 21.5(1)(c)(j) 2007 Code of Iowa. Upon motion at 8:38 p.m., City Council reconvened in regular session stating that staff had been given proper direction. There being no further business, upon motion the City Council adjourned at 8:39 p.m. Jeanne F. Schneider, CMC City Clerk 24