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2006 City Council Official Proceedings Book 136 OFFICIAL PROCEEDINGS of the CITY COUNCIL for the CITY OF DUBUQUE, IOWA for the year 2006 Approved February 18, 2008 Recorded by Jeanne F. Schneider, CMC, City Clerk Prepared by Karen M. Chesterman, Deputy City Clerk and Kevin S. Firnstahl, Assistant City Clerk CITY OFFICERS FOR THE YEAR 2006 ROY D. BUOL MAYOR COUNCIL MEMBERS ................ ANN E. MICHALSKI COUNCIL MEMBER AT-LARGE ....................... RIC W. JONES COUNCIL MEMBER AT-LARGE ................. KEVIN J. LYNCH COUNCIL MEMBER FIRST WARD ............. KARLA A. BRAIG COUNCIL MEMBER SECOND WARD .......... JOYCE E. CONNORS COUNCIL MEMBER THIRD WARD .......... PATRICIA A. CLINE COUNCIL MEMBER FOURTH WARD CITY OFFICERS FOR THE YEAR 2006 COUNCIL APPOINTEES CITY MANAGER ................................................................................... MICHAEL C. VAN MILLIGEN CITY CLERK ............................................................................................... JEANNE F. SCHNEIDER CITY ATTORNEY ............................................................................................... BARRY A. LINDAHL DEPARTMENT MANAGERS ASSISTANT CITY MANAGER ............................................................... CYNTHIA M. STEINHAUSER AIRPORT MANAGER .................................................................................. ROBERT A. GRIERSON BUDGET DIRECTOR ................................................................................................ DAWN L. LANG BUDGET DIRECTOR FROM AUGUST 7 ....................................................... JENNIFER M. LARSON BUILDING SERVICES MANAGER ................................................................ RICHARD R. RUSSELL CITY ENGINEER .................................................................................................. GUS N. PSIHOYOS ECONOMIC DEVELOPMENT DIRECTOR ................................................................ DAVID J. HEIAR FINANCE DIRECTOR .................................................................................... KENNETH J. TEKIPPE FIRE CHIEF ........................................................................................................ E. DANIEL BROWN HOUSING AND COMMUNITY DEVELOPMENT DIRECTOR ................................ DAVID W. HARRIS HUMAN RIGHTS DIRECTOR .............................................................................. KELLY R. LARSON INFORMATION SERVICES ..................................................................... CHRISTINE A. KOHLMANN LEISURE SERVICES MANAGER .............................................................................. GIL D. SPENCE LIBRARY DIRECTOR ..................................................................................... SUSAN A. HENRICKS PERSONNEL MANAGER ................................................................................... RANDALL K. PECK PLANNING SERVICES MANAGER ................................................................ LAURA B. CARSTENS POLICE CHIEF ...................................................................................................... KIM B. WADDING PUBLIC HEALTH SPECIALIST .................................................................. MARY ROSE CORRIGAN PUBLIC WORKS DIRECTOR ................................................................................ DONALD J. VOGT WATER DEPARTMENT MANAGER................................................................... ROBERT M. GREEN WATER POLLUTION CONTROL MANAGER ................................................ JONATHAN R. BROWN Regular meetings of the City Council were held on the first and third Mondays of each month at 6:30 p.m. in the Public Library Auditorium Regular Session, January 3, 2006 1 DUBUQUE Cline moved that the communication be re- ceived and filed and referred to Legal for inves- CITY COUNCIL tigation/report. Seconded by Braig. Motion OFFICIAL carried 7-0. PROCEEDINGS Corporation Counsel recommending denial of the claim of Kenneth and Shirley Shannon for City Council, Regular Session, January 3, property damage, presented and read. Cline 2006 moved that the communication be received and Council met at 6:30 P.M. in the Public Library filed and concurred. Seconded by Braig. Motion Auditorium carried 7-0. Present: Mayor Buol, Council Members Braig, Corporation Counsel recommending approval Cline, Connors, Jones, Lynch, Michalski, City of the claim of St. Vincent DePaul for vehicle Manager Van Milligen, Corporation Counsel damage and directing the Finance Department Lindahl to issue payment, presented and read. Cline moved that the communication be received and Mayor Buol read the call and stated this is a filed and concurred and Finance Department to regular session of the City Council called for the issue payment. Seconded by Braig. Motion purpose of discussing such matters which may carried 7-0. properly come before the Council. Dubuque Metropolitan Area Solid Waste Invocation was given by Reverend Jeffrey Agency: Communication from the Dubuque Bullock, President, University of Dubuque Metropolitan Area Solid Waste Agency submit- ting the Agency’s Fiscal Year 2007 budget and SWEARING IN: Mayor Roy D. Buol was sworn fee schedule, presented and read. Cline moved in as Mayor by City Clerk Jeanne F. Schneider; that the communication be received and filed. City Council Member At-Large Ric Jones was Seconded by Braig. Motion carried 7-0. sworn in by Mayor Roy D. Buol; City Council Member First Ward Kevin Lynch was sworn in Iowa Department of Natural Resources: Mike by Mayor Roy D. Buol; and City Council Member Wade, Environmental Specialist, submitting the Third Ward Joyce Connors was sworn in by report of the recent inspection of the City of Mayor Roy D. Buol. Council Member Ann Dubuque’s wastewater collection system, Michalski was sworn in as Mayor Pro-Tem by presented and read. Cline moved that the Mayor Roy D. Buol. communication be received and filed and referred to the City Manager. Seconded by Proclamation: Martin Luther King, Jr. Days Braig. Motion carried 7-0. (January 16 and 17, 2006) received by Human Rights Director Kelly Larson. Civil Service Commission: Civil Service Commission submitting the certified list for the CONSENT ITEMS position of Mechanic, presented and read. Minutes and Reports Submitted: City Council December 16, 2005 of 12/17 and 12/19; Civil Service Commission of Honorable Mayor and Members of the City 12/19; Library Board of 11/17; Transit Board of Council 11/10 and 12/15, presented and read. Cline In accordance with Chapter 400 of the 2005 moved that the minutes be received and filed. Code of Iowa, an examination for the position of Seconded by Braig. Motion carried 7-0. Mechanic was given on November 17, 2005. We hereby certify that the individuals listed below Proof of publication of City Council Proceed- have passed this written examination and filling ings of November 21, 2005, presented and read. the vacancy for this position should be made Cline moved that the proof be received and filed. from this list and that this list is good for two (2) Seconded by Braig. Motion carried 7-0. years from above date. MECHANIC Library Board of Trustees Update from No- Elmer Heacock Terry E. Brown vember 17, 2005 meeting, presented and read. Joseph J. Vondran Mark R. Taylor Cline moved that the communication be re- Daniel Taylor Jeff Wagner ceived and filed. Seconded by Braig. Motion Nick DeMaio Steven Christ carried 7-0. Darren Steil Lino DeCristofaro Kevin Munson Joseph Cupps Notice of Claims/Suits: St. Vincent DePaul for David Nauman Christopher Nielsen vehicle damage; Wells Fargo Bank Minnesota Steven Schulz vs. City of Dubuque, et al, presented and read. 2 Regular Session, January 3, 2006 Respectfully submitted: 409 Burch Street Update (Tabled on Decem- Merle Duehr, Chairperson ber 5, 2005): City Manager submitting an update Loras Kluesner on the property located at 409 Burch Street and Richard Wertzberger recommending that this item be re-tabled to Civil Service Commission February 6, 2006, presented and read. Cline Cline moved that the communication be moved that the communication be received and received and filed and made a matter of record. filed and tabled to the Council Meeting of 2/6/06. Seconded by Braig. Motion carried 7-0. Seconded by Braig. Motion carried 7-0. Administrative Services Fee Renewal for Miller-Riverview Park Electrical Service, Phase Flexible Spending Plan: City Manager recom-II: City Manager recommending acceptance of mending approval of the administrative services the Miller-Riverview Park Electrical Service, fee presented by Total Administrative Services Phase II Project as completed by Biechler Corporation for the City’s flexible spending plan, Electric in the final contract amount of presented and read. Cline moved that the $50,528.50, presented and read. Cline moved communication be received and filed and that the communication be received and filed. approved recommendation. Seconded by Braig. Seconded by Braig. Motion carried 7-0. Motion carried 7-0. RESOLUTION NO. 2-06 ACCEPTING IMPROVEMENT Acceptance of Public Improvements – North Dubuque Addition: City Manager recommending WHEREAS, the contract for the Miller- acceptance of the public improvements that the Riverview Park Electrical Service, Phase II developer, Ridgeway, LLC, has completed in Project has been completed and the City Man- North Dubuque Addition (Excelsior Street), ager has examined the work and filed his presented and read. Cline moved that the certificate stating that the same has been communication be received and filed. Seconded completed according to the terms of the con- by Braig. Motion carried 7-0. tract, plans and specifications and recommends its acceptance. RESOLUTION NO. 1-06 NOW, THEREFORE, BE IT RESOLVED, BY ACCEPTING IMPROVEMENTS IN NORTH THE CITY COUNCIL OF THE CITY OF DUBU- DUBUQUE ADDITION QUE, IOWA: Whereas, certain improvements including 1. That the recommendation of the City Man- watermain and sanitary sewer were installed by ager be approved and that said improvement be the developer of Lots 635 through 643 of North and the same is hereby accepted. Dubuque Addition (Excelsior Street). BE IT FURTHER RESOLVED that the City Whereas, the improvements have been Treasurer be and he is hereby directed to pay to completed and the City Manager has examined the contractor from the General Fund in amount the work and has filed a certificate stating that equal to the amount of his contract, less any the same has been completed in accordance retained percentage provided for therein. with the plans approved by City Engineer and in Passed, approved and adopted this 3rd day of conformance with City specifications, and has January, 2006. recommended that the improvements be ac- Roy D. Buol, Mayor cepted by the City Council. Attest: Jeanne F. Schneider, City Clerk NOW THEREFORE, BE IT RESOLVED BY Cline moved adoption of the Resolution. THE CITY COUNCIL OF THE CITY OF DUBU-Seconded by Braig. Motion carried 7-0. QUE, IOWA: RESOLUTION NO. 3-06 Section 1. That the recommendation of the FINAL ESTIMATE City Manager be approved and that said im- provements for Lots 635 through 643 of North WHEREAS, the contract for the Miller- Dubuque Addition (Excelsior Street) be and the Riverview Park Electrical Service, Phase II same is hereby accepted. Project has been completed and the Engineer Section 2. That maintenance of said im-has submitted his final estimate showing the provements shall be the responsibility of the cost thereof including the cost of estimates, contractor, Drew Cooks & Sons Excavating, Inc. notices and inspection and all miscellaneous for a period of two years from this date. costs; rd Passed, adopted and approved this 3 day of NOW, THEREFORE, BE IT RESOLVED, BY January, 2006. THE CITY COUNCIL OF THE CITY OF DUBU- Roy D. Buol, Mayor QUE, IOWA: Attest: Jeanne F. Schneider, CMC, City Clerk Section 1. That the cost of said improvement is Cline moved adoption of the Resolution. hereby determined to be $50,528.50 and the Seconded by Braig. Motion carried 7-0. said amount shall be paid from the General Fund of the City of Dubuque, Iowa. Regular Session, January 3, 2006 3 Passed, approved and adopted this 3rd day of NOW THEREFORE, BE IT RESOLVED BY January, 2006. THE CITY COUNCIL OF THE CITY OF DUBU- Roy D. Buol, Mayor QUE, IOWA: Attest: Jeanne F. Schneider, City Clerk Section 1. That the cost of said improvement Cline moved adoption of the Resolution. is hereby determined to be $1,023,098.08 and Seconded by Braig. Motion carried 7-0. the said amount shall be paid from the FY2006 Annual Street Program Funds, FY2006 Water 2005 Asphalt Paving Project: City Manager Main Replacement Funds, FY2006 Storm Sewer recommending acceptance of the 2005 Asphalt General Repair Funds, FY2006 Sanitary Sewer Paving Project as completed by River City Manhole Replacement Funds and FY2006 Paving in the final contract amount of Street Program Related Sanitary Sewer Funds $936,460.16, upon motion received and filed. of the City of Dubuque, Iowa. rd Cline moved that the communication be re- Passed, approved and adopted this 3 day of ceived and filed. Seconded by Braig. Motion January, 2006. carried 7-0. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 4-06 Cline moved adoption of the Resolution. ACCEPTING THE 2005 ASPHALT PAVING Seconded by Braig. Motion carried 7-0. PROJECT (FISCAL YEAR 2006) Whereas, the contract for the 2005 Asphalt Washington Neighborhood Park Project: City Paving Project (Fiscal Year 2006) (the Project) Manager recommending approval of a publica- has been completed and the City Manager has tion of combined notice of finding of no signifi- examined the work and filed a certificate stating cant impact on the environment and notice of that the Project has been completed according intent to request release of funds for the Wash- to the terms of the contract, plans and specifica-ington Neighborhood Park Project, presented tions and that the City Manager recommends and read. Cline moved that the communication that the Project be accepted. be received and filed. Seconded by Braig. NOW THEREFORE, BE IT RESOLVED BY Motion carried 7-0. THE CITY COUNCIL OF THE CITY OF DUBU- RESOLUTION NO. 6-06 QUE, IOWA: AUTHORIZING PUBLICATION OF A COM- Section 1. The recommendation of the City BINED NOTICE OF FINDING OF NO SIGNIFI- Manager is approved and the Project is hereby CANT IMPACT ON THE ENVIRONMENT AND accepted. NOTICE OF INTENT TO REQUEST RELEASE Section 2. The City Treasurer is hereby OF FUNDS FOR THE WASHINGTON NEIGH- directed to pay to the contractor from the BORHOOD PARK PROJECT. FY2006 Annual Street Program, FY2006 Water Main Replacement Funds, FY2006 Storm Sewer Whereas, the City of Dubuque has received a General Repair Funds, FY2006 Sanitary Sewer Community Development Block Grant (CDBG) Manhole Replacement Funds and FY2006 from the U.S. Department of Housing and Urban Street Program Related Sanitary Sewer Funds Development, and appropriation for the contract amount of Whereas, pursuant to the rules and regulations $936,460.16 less any retained percentage as promulgated by the U.S. Department of provided for therein as provided in Iowa Code Housing and Urban Development, an environ- chapter 573, and to pay such retainage only in mental review has been processed for the accordance with the provisions of Iowa Code Washington Neighborhood Park Project; and chapter 573. Whereas, based on said environmental review, rd Passed, approved and adopted this 3 day of the Department of Housing and Community January, 2006. Development has determined that said project Roy D. Buol, Mayor will have no significant impact on the environ- Attest: Jeanne F. Schneider, CMC, City Clerk ment; and Cline moved adoption of the Resolution. Whereas, a combined notice of "Finding of No Seconded by Braig. Motion carried 7-0. Significant Impact on the Environment" and of "Intent to Request Release of Funds" for said RESOLUTION NO. 5-06 project will be sent by regular mail to various FINAL ESTIMATE federal, state and local public agencies; to the Whereas, the construction contract for the appropriate Regional Office of the Environmen- 2005 Asphalt Paving Project (Fiscal Year 2006), tal Protection Agency and to the local news has been completed and the City Engineer has media, individuals and groups known to be submitted his final estimate showing the cost interested and believed to be appropriate to thereof including the cost of estimates, notices receive such a notice; and and inspection and all miscellaneous costs. Whereas, any and all comments received as a result of such notice will be duly considered 4 Regular Session, January 3, 2006 before proceeding with a Request for Release of West 32nd Street Detention Basin, presented Funds and Certification. and read. Cline moved that the communication NOW, THEREFORE, BE IT RESOLVED BY be received and filed and approved recommen- THE CITY COUNCIL OF THE CITY OF DUBU-dation. Seconded by Braig. Motion carried 7-0. QUE, IOWA: Section 1. That the City Clerk be and is hereby Hartig Drug Company: Communication from authorized and directed to publish a combined James A. and Victor J. Helling, Artistic Cleaners, Notice of Finding of No Significant Impact on the Inc., advising that they are not opposed to Hartig Environment and Notice of Intent to Request Drug Company’s proposed request to lease a Release of Funds for the Washington Neighbor-portion of the City-owned alley behind 157 hood Park Project and to make the Environmen-Locust Street to make the alley “one-way,” tal Review Record for said project available for presented and read. Cline moved that the public inspection and comment until 5:00 pm on communication be received and filed. Seconded January 23, 2006. Such notice shall be in the by Braig. Motion carried 7-0. form of Exhibit "A" attached hereto and made a part hereof. National Association of Schools of Public Section 2. That the environmental review Affairs and Administration Evaluator: City record for the project shall be placed on file in Manager request to participate as a National the Office of the City Clerk where said record Association of Schools of Public Affairs and may be examined and copied by any interested Administration Evaluator, presented and read. party. Cline moved that the communication be re- Section 3. That the Mayor of the City of ceived and filed and approved. Seconded by Dubuque is hereby authorized and directed to Braig. Motion carried 7-0. submit to the U.S. Department of Housing and Urban Development fifteen (15) days after Business Licenses: publication of appropriate notice a Request for RESOLUTION NO. 7-06 Release of Funds to undertake the said project. Section 4. That the Mayor of the City of Whereas, applications for Beer Permits have Dubuque is hereby authorized to consent to been submitted and filed to this Council for assume the status of a responsible federal approval and the same have been examined official under the National Environmental Protec-and approved: and tion Act, insofar as the provisions of the said Act Whereas, the premises to be occupied by such apply to the U.S. Department of Housing and applicants were inspected and found to comply Urban Development responsibilities for review, with the Ordinances of the City and have filed decision making, and action assumed and proper bonds. carried out by the City of Dubuque as to envi- NOW, THEREFORE, BE IT RESOLVED BY ronmental issues. THE CITY COUNCIL OF THE CITY OF DUBU- Section 5. That the Mayor of the City of QUE, IOWA: Dubuque is hereby authorized to consent That the Manager be authorized to cause to be personally, in his official capacity and on behalf issued the following named applicants a Beer of the City of Dubuque, to accept the jurisdiction Permit. of the federal courts if an action is brought to CLASS “B” BEER PERMIT enforce responsibilities in relation to environ-International UAW Local # 94, UAW Local mental review, decision-making and action. #94+(Sunday Sale), 3450 Central Ave. Section 6. That the Mayor of the City of Passed, approved and adopted this 3rd day of Dubuque is and he is hereby authorized and January, 2006. directed to execute a certification pertaining to Roy D. Buol, Mayor the environmental review procedures. Attest: Jeanne F. Schneider, CMC, City Clerk Passed, approved and adopted this 3rd day of Cline moved adoption of the Resolution. January 2006. Seconded by Braig. Motion carried 7-0. Roy D. Buol, Mayor RESOLUTION NO. 8-06 Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Whereas, applications for Liquor Licenses Seconded by Braig. Motion carried 7-0. have been submitted to this Council for approval and the same have been examined and ap- West 32nd Street Detention Basin Design: City proved; and Manager recommending approval of an Whereas, the premises to be occupied by such amendment to the contract with MSA Profes-applicants were inspected and found to comply sional Services in an estimated amount of with the State Laws and all City Ordinances $15,500 to include the design of ditch improve-relevant thereto and they have filed proper ments upstream of the West 32nd Street Deten-bonds. tion Basin to reduce the sediment load on the Regular Session, January 3, 2006 5 NOW, THEREFORE, BE IT RESOLVED BY Kerper Boulevard in Block 5 of River Front THE CITY COUNCIL OF THE CITY OF DUBU-Subdivision No. 3 in the City of Dubuque, as QUE, IOWA: shown on the Plat of Survey. That the Manager be authorized to cause to be Section 2. That the conveyance of Lot 1B, issued the following named applicants a Liquor Block 5, River Front Subdivision No. 3 in the City License. of Dubuque, Iowa, Dubuque County, Iowa, to CLASS “C” BEER/LIQUOR LICENSE United Parcel Service (UPS) be contingent upon Breezers Pub Company, Breezers Pub+, the payment of $23,197.10, plus surveying, (Sunday Sale), 600 Central Ave. platting, publication, and filing fees. Mayas, Inc., Las Margaritas, +(Sunday Section 3. That the City Clerk be and is hereby Sale), 1575 JFK Rd. authorized and directed to cause a notice of CLASS “B” WINE intent to be published as prescribed under Dubuque Religious Center, 923 Main St Section 364.7 Code of Iowa, 1999 or amended. Passed, approved and adopted this 3rd day of Passed, approved and adopted this 3rd day of January, 2006. January, 2006. Roy D. Buol, Mayor Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Michalski moved adoption of the Resolution Seconded by Braig. Motion carried 7-0. and set for public hearing on 1/17/06 at a meeting to commence at 6:30 P.M. in the public ITEM TO BE SET FOR PUBLIC HEARING library auditorium and direct the City Clerk to publish notice in the manner prescribed by law. Vacating Petition – Block 5 of River Front Seconded by Cline. Motion carried 7-0. Subdivision No. 3: City Manager recommending PUBLIC HEARING that a public hearing be set for January 17, 2006 to consider a request from Eric L. Lucas, representing United Parcel Service, to vacate a River Pointe Development, LLC – Request to portion of Kerper Boulevard that abuts the Rezone (Public Hearing Recessed at December existing UPS facility at 2550 Kerper Boulevard, 19, 2005 Meeting / First Reading on December presented and read. Michalski moved that the 19, 2005); Communication from George Murphy, communication be received and filed. Seconded Project Manager for River Pointe Development, by Cline. Motion carried 7-0. LLC, requesting that the second reading for the River Pointe PUD be tabled to the City Council RESOLUTION NO. 9-06 meeting of Tuesday, January 17, 2006 and City RESOLUTION OF INTENT TO VACATE AND Manager submitting questions of the Council DISPOSE OF CITY INTEREST IN LOT 1B, that were sent to Mr. Spiegel for response at the BLOCK 5, RIVER FRONT SUBDIVISION NO. 3 January 3, 2006 public hearing, and Letter to IN THE CITY OF DUBUQUE, DUBUQUE A.J. Spiegel; Questions from Mayor Buol; COUNTY, IOWA Questions from Council Member Michalski; Whereas, United Parcel Service (UPS) has Questions from Council Member Braig; Ques- requested the vacating of a portion of Kerper tions from Council Member Cline; Questions Boulevard in Block 5 of River Front Subdivision from Council Member Connors; Questions from No. 3; and former Council Member Nicholson; Questions Whereas, IIW Engineers & Surveyors, PC has from former Council Member Markham; Ques- prepared and submitted to the City Council a tions from City staff; Communication from Sister plat showing the vacated portion of Kerper Margaret Ann Willging, OSF, regarding the River Boulevard in Block 5 of River Front Subdivision Pointe Development, LLC project; and an No. 3; and Ordinance Amending Appendix A (the Zoning Whereas, the City Council of the City of Ordinance) of the City of Dubuque Code of Dubuque, Iowa, has determined that this portion Ordinances by reclassifying hereinafter de- of Kerper Boulevard in Block 5 of River Front scribed property located at 600 Mazzuchelli Subdivision No. 3 is no longer required for public Drive from R-2 Two-Family Residential District use, except for the utility easements as noted, to PUD Planned Unit Development District with and vacating and sale of said Lot 1B, Block 5, a PR Planned Residential District designation River Front Subdivision No. 3 in the City of and adopting a Conceptual Development Plan Dubuque, Dubuque County, Iowa, should be with conditions, presented and read. approved. Cline moved that this be received and filed and NOW THEREFORE, BE IT RESOLVED BY tabled to 1/17/06. Seconded by Lynch. Motion THE CITY COUNCIL OF THE CITY OF DUBU-carried 7-0. QUE, IOWA: ACTION ITEMS Section 1. That the City of Dubuque intends to dispose of its interest and vacate a portion of 6 Regular Session, January 3, 2006 Establishment of Fair Market Value: Commu- NOW THEREFORE, BE IT RESOLVED BY nication from Attorney Allan J. Carew, THE COUNCIL OF THE CITY OF DUBUQUE, representing Mr. and Mrs. John Gartner, re-IOWA, AS FOLLOWS: questing that the City Council terminate its Section 1. That the fair market value of the efforts to force the Gartners to permit the lift Property is established to be $0.46 per square station on and across their property in the foot. County and communication from Corporation Section 2. The City Manager and Corporation Counsel Barry A. Lindahl in response to Attor-Counsel are hereby authorized to commence ney Allen J. Carew’s letter and City Manager negotiations with the Owner of the Property and recommending approval of establishment of the any other interested parties in the purchase of fair market value for an easement for a sanitary the Property for a purchase price that is not less sewer lift station on the John and Pamela than the fair market value established by this Gartner property, presented and read. Michalski resolution. moved that the communications be received and Passed, adopted and approved this 3rd day of filed. Seconded by Cline. Motion carried 7-0. January, 2006. Attorney Allen Carew, representing the Gart-Roy D. Buol, Mayor ner’s, questioned why the City Council was Attest: Jeanne F. Schneider, CMC, City Clerk reconsidering the action previously taken and Michalski moved adoption of the Resolution. stated that the taking of this property located in Seconded by Cline. Motion carried 7-0. the County was to benefit a subdivision within the City. He requested Council to reject the Dell Street – Request for Parking Removal: proposal. City Manager recommending approval of the Council Member Michalski clarified the action removal of parking on the east side of Dell previously taken by the City Council and Corpo-Street across from the angle parking, as well as ration Counsel Lindahl clarified that the purpose the already-restricted portion adjacent to a of the requested action was to authorize the City retaining wall as requested by the Police De- Manager to negotiate for the voluntary purchase partment, presented and read. Michalski moved of the property. that the communication be received and filed. Seconded by Connors. Motion carried 6-1 with RESOLUTION NO. 10-06 Cline voting Nay. ESTABLISHING FAIR MARKET VALUE FOR Cline questioned whether all parking should be THE ACQUISITION OF AN EASEMENT FOR A removed and this area be looked at more SANITARY SEWER LIFT STATION ON REAL closely. PROPERTY OWNED BY JOHN P. AND PA- MELA J. GARTNER IN THE COUNTY OF An Ordinance Amending Section 32-262(d) of DUBUQUE, IOWA FOR SERVICING ARBOR the Code of Ordinances of the City of Dubuque, ESTATES AND SURROUNDING AREAS Iowa, prohibiting parking on designated streets Whereas, the City of Dubuque (City) intends to or portions thereof by adding a portion of Dell acquire certain real property by easement Street, presented and read. owned by John P. and Pamela J. Gartner OFFICIAL PUBLICATION (Owner) legally described as follows: ORDINANCE NO. 1-06 Lot 19 of Forest Grange Subdivision in Dubu- AMENDING SECTION 32-262(d) OF THE que County, Iowa CODE OF ORDINANCES OF THE CITY OF as shown on Exhibit A for to service Arbor DUBUQUE, IOWA, PROHIBITING PARKING Estates and the surrounding areas; and ON DESIGNATED STREETS OR PORTIONS Whereas, Iowa law requires the City to make a THEREOF BY ADDING A PORTION OF DELL good faith effort to negotiate with the Owner to STREET purchase the Property interests before proceed- ing with acquisition of property by condemna- NOW THEREFORE, BE IT ORDAINED BY tion; and, THE CITY COUNCIL OF THE CITY OF DUBU- Whereas, the City may not make an offer to QUE, IOWA: purchase the Property which is less than the fair Section 1. That the Code of Ordinances of the market value that the City has established for City of Dubuque, Iowa, is amended by adding to the Property; and, Subsection (d) of Section 32-262 the following: Whereas, the City has caused an appraisal of Dell Street, east side, from Arlington Street to a the Property to be made and the appraised point fifty feet south of Loras Boulevard. rd value of the Property is $0.46 per square foot; Passed, approved and adopted this 3 day of and, January, 2006. Whereas, the City Council now desires to Roy D. Buol, Mayor establish the fair market value of the Property. Attest: Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald newspaper this 9th day of January, 2006. Regular Session, January 3, 2006 7 Jeanne F. Schneider, City Clerk City Council Meeting Date: City Manager 1t 1/9 requesting that the regularly scheduled City Michalski moved that the requirement that a Council meeting of Monday, July 3, 2006 be proposed Ordinance be considered and voted changed to Wednesday, July 5, 2006, presented on for passage at two Council Meetings prior to and read. Michalski moved that the communica- the meeting at which it is to be finally passed be tion be received and filed. Seconded by Braig. suspended. Seconded by Connors. Motion Motion carried 7-0. carried 6-1 with Cline voting Nay. Michalski moved final consideration and passage of the An Ordinance Providing that the first regular Ordinance. Seconded by Connors. Motion meeting of the City Council in July 2006 shall be carried 6-1 with Cline voting Nay. July 5, 2006, presented and read. OFFICIAL PUBLICATION Merz Street and Althauser Street – Request ORDINANCE NO. 3-06 for Stop Signs: City Manager recommending PROVIDING THAT THE FIRST REGULAR approval of the installation of stop signs on Merz MEETING OF THE CITY COUNCIL IN JULY, Street at its intersection with Althauser Street, 2006, SHALL BE JULY 5, 2006 presented and read. Braig moved that the communication be received and filed. Seconded NOW, THEREFORE, BE IT ORDAINED BY by Connors. Motion carried 7-0. THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: An Ordinance Amending the Code of Ordin- Section 1. Section 2-22 of the City of Dubuque ances of the City of Dubuque, Iowa, by modify-Code of Ordinances notwithstanding, the first ing Subsection (b) of Section 32-214 thereof regular meeting of the City Council in July, 2006, providing for the addition of stop signs on Merz shall be July 5, 2006; Street at Althauser Street, presented and read. Section 2. This Ordinance shall take effect upon publication. OFFICIAL PUBLICATION Passed, approved and adopted this 3rd day of ORDINANCE NO. 2-06 January, 2006. AMENDING THE CODE OF ORDINANCES OF Roy D. Buol, Mayor THE CITY OF DUBUQUE, IOWA, BY MODIFY- Attest: Jeanne F. Schneider, City Clerk ING SUBSECTION (b) OF SECTION 32-214 Published officially in the Telegraph Herald THEREOF PROVIDING FOR THE ADDITION newspaper this 9th day of January, 2006. OF STOP SIGNS ON MERZ STREET AT Jeanne F. Schneider, City Clerk ALTHAUSER STREET 1t 1/9 NOW THEREFORE, BE IT ORDAINED BY Michalski moved that the requirement that a THE CITY COUNCIL OF THE CITY OF DUBU-proposed Ordinance be considered and voted QUE, IOWA: on for passage at two Council Meetings prior to Section 1. That the Code of Ordinances of the the meeting at which it is to be finally passed be City of Dubuque, Iowa, be amended by adding suspended. Seconded by Braig. Motion carried Merz Street and Althauser Street to Subsection 7-0. Jones moved final consideration and (b) of Section 32-214 thereof as follows: passage of the Ordinance. Seconded by Braig. Sec. 32-214. Stop Intersections. Motion carried 7-0. EASTBOUND AND WESTBOUND PUBLIC INPUT Merz Street at Althauser Street rd Passed, approved and adopted this 3 day of January, 2006. Jim Gantz, 12241 Forest Meadow, spoke Roy D. Buol, Mayor requesting Council look closely at proposals for Attest: Jeanne F. Schneider, CMC, City Clerk Forest Grange Subdivision as they are very Published officially in the Telegraph Herald damaging to the area. newspaper this 9th day of January, 2006. Jeanne F. Schneider, City Clerk There being no further business, Cline moved 1t 1/9 to adjourn. Seconded by Connors. Motion Braig moved that the requirement that a carried 7-0. The meeting adjourned at 7:03 P.M. proposed Ordinance be considered and voted /s/ Jeanne F. Schneider, CMC on for passage at two Council Meetings prior to City Clerk the meeting at which it is to be finally passed be suspended. Seconded by Connors. Motion carried 7-0. Braig moved final consideration and passage of the Ordinance. Seconded by Connors. Motion carried 7-0. 8 Special Session, January 12, 2006 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, January 12, 2006 Council met in special session at 5:00 p.m. in the Library Auditorium Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski, City Manager Van Milligen, Corporation Counsel Lindahl Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of discussing the results of the Eagle Point Bluff Study performed by Kleinfelder, Inc. City Engineer Gus Psihoyos introduced Dr. Bill Gates of Kleinfelder, Inc., who gave a Power- Point presentation on the results of Phase I of the Eagle Point Bluff Study. He stated that the controlled blasting in 2003 had been conducted appropriately; however, the causes for instability and failure of the bluff was the excavation at the base of the bluff that resulted in oversteepening, which was exacerbated by the mechanical excavation methods used. Various stabilization options for commercial development, residential development and for an undeveloped bluff were discussed. These included controlled blasting, controlled blasting with rock bolt reinforcement, rock bolt reinforcement, and wire mesh drape slope protection. The cost of stabilization ranged from $180,000 to $350,000, depending upon the method(s) used. He noted that removal of the trees from fifteen to twenty feet behind the brow of the bluff and the installation of horizontal drains at the foot of the bluff would be necessary with any stabilization option. The next phase of the study will narrow down the final design for stabilization, including more specific cost esti- mates. In response to a question, Dr. Gates stated that once the bluff was stabilized, devel- opment at the base would not cause further damage. There being no further business, Michalski moved to adjourn. Seconded by Cline. Motion carried 7-0. The meeting adjourned at 6:47 p.m. Jeanne F. Schneider, CMC City Clerk Regular Session, January 17, 2006 9 DUBUQUE Notice of Claims/Suits: Juanita Kay Caley for vehicle damage; Mary V. Kearney for personal CITY COUNCIL injury; Adam Lopez for vehicle damage; Jesse OFFICIAL Rans for vehicle damage; Anthony Trice for PROCEEDINGS vehicle damage, presented and read. Cline moved that the communications be received and filed and referred to Legal for investiga- City Council, Regular Session, January 17, tion/report. Seconded by Michalski. Motion 2006 carried 7-0. Council met at 6:30 P.M. in the Public Library Auditorium Corporation Counsel advising that the follow- ing claim has been referred to Public Entity Risk Present: Mayor Buol, Council Members Braig, Services of Iowa, the agent for the Iowa Com- Cline, Connors, Jones, Lynch, Michalski, City munities Assurance Pool: Anthony Trice for Manager Van Milligen, Corporation Counsel vehicle damage, presented and read. Cline Lindahl moved that the communication be received and filed and concurred. Seconded by Michalski. Mayor Buol read the call and stated this is a Motion carried 7-0. regular session of the City Council called for the purpose of discussing such matters which may Corporation Counsel recommending denial of properly come before the Council. the claim of Adam Lopez for vehicle damage, presented and read. Cline moved that the Invocation was given by SisterCatherine communication be received and filed and Dunn, BVM, President of Clarke College concurred. Seconded by Michalski. Motion carried 7-0. Proclamations: Dubuque Jaycees Week (January 28 – February 3, 2006) received by Corporation Counsel recommending settle- Ben Graham, President of the Dubuque Jay- ment of the claim of Juanita Kay Caley for cees, and Year of the Shot Tower (2006) re- vehicle damage and the claim of the Sisters of ceived by Students from Central Alternative the Presentation for property damage and School, Chamber President Steward Sandstrom, directing the Finance Department to issue Historic Preservation Commission Chair Dave payment, presented and read. Cline moved that Stuart and Planning Services Manager Laura the communication be received and filed and Carstens. concurred and Finance Department to issue payment. Seconded by Michalski. Motion carried CONSENT ITEMS 7-0. Minutes and Reports Submitted: Airport Service Agreement with Total Administrative Commission of 10/24; Cable TV Regulatory Services Corporation: City Manager recom- Commission of 12/6; City Council of 1/3; Com- mending approval of a Service Agreement with munity Development Advisory Commission of Total Administrative Services Corporation 12/21; Historic Preservation Commission of (TASC) for a claim (debit) card option for em- 12/15; Housing Commission of 11/22; Long ployees enrolled in the Flexible Spending Plan, Range Planning Advisory Commission of 12/21; presented and read. Cline moved that the Plumbing Board of 12/21; Zoning Advisory communication be received and filed and Commission of 1/4; Zoning Board of Adjustment approved recommendation. Seconded by of 12/22, presented and read. Cline moved that Michalski. Motion carried 7-0. the minutes be received and filed. Seconded by Michalski. Motion carried 7-0. Citizen Communication: Communication from Sister Margaret Ann Willging regarding use of Proof of publication of City Council Proceed- the former meat packing plant and H & W ings of 12/17 and 12/19, presented and read. Building, presented and read. Cline moved that Cline moved that the proof of publication be the communication be received and filed. received and filed. Seconded by Michalski. Seconded by Michalski. Motion carried 7-0. Motion carried 7-0. Comprehensive Annual Financial Report Printed City Council Proceedings for month of (CAFR): City Manager transmitting the Fiscal September, 2005, presented and read. Cline Year 2005 Comprehensive Financial Report moved that the communication be received and (CAFR), Parking Facilities Financial Statements, filed and approved as printed. Seconded by Management Letter and City response to the Michalski. Motion carried 7-0. Management Letter, presented and read. Cline moved that the communication be received and filed. Seconded by Michalski. Motion carried 7-0. 10 Regular Session, January 17, 2006 Council of the City of Dubuque, Iowa, all neces- Community Economic Betterment Account sary loan documents and is further authorized to (CEBA) Loan: City Manager recommending disburse loan funds to Prudential Retirement approval of a Community Economic Betterment Insurance and Annuity Company from the City's Account (CEBA) Loan Agreement by and among Economic Development Loan Program in the Iowa Department of Economic Development, accordance with the terms and conditions of the the City of Dubuque, and Prudential Retirement executed agreement. Insurance and Annuity Company, presented and Passed, approved and adopted this 17th day read. Cline moved that the communication be of January, 2006. received and filed. Seconded by Michalski. Roy D. Buol, Mayor Motion carried 7-0. Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. RESOLUTION NO. 11-06 Seconded by Michalski. Motion carried 7-0. AUTHORIZING THE EXECUTION OF A COM- MUNITY ECONOMIC BETTERMENT AC- Municipal Services Center Construction COUNT LOAN AGREEMENT FOR TWO Project: City Manager recommending accep- HUNDRED SEVEN THOUSAND DOLLARS tance of the Municipal Services Center Con- ($207,000) WITH PRUDENTIAL RETIREMENT struction Project as completed by Portzen INSURANCE AND ANNUITY COMPANY AND Construction in the final contract amount of A CITY ECONOMIC DEVELOPMENT LOAN $11,723,606.15, presented and read. Cline OF SIXTY-TWO THOUSAND DOLLARS moved that the communication be received and ($62,000). filed. Seconded by Michalski. Motion carried 7-0. Whereas, the Community Economic Better- RESOLUTION NO. 12-06 ment Account (CEBA) program has been ACCEPTING THE MUNICIPAL SERVICES created by the Iowa Department of Economic CENTER PROJECT Development to assist in the economic devel- opment efforts of local jurisdictions; and Whereas, the contract for the Municipal Whereas, on January 20, 2005, the City of Services Center Project, formerly known as the Dubuque, Iowa was awarded a two hundred Operations and Service Center Project (the seven thousand dollar ($207,000) forgivable Project), has been completed and the City loan from the CEBA program by the Iowa Manager has examined the work and filed a Department of Economic Development which certificate stating that the Project has been required a City financial match of sixty-two completed according to the terms of the con- thousand dollars ($62,000); and tract, plans and specifications and that the City Whereas, the City of Dubuque, Iowa desires to Manager recommends that the Project be assist Prudential Retirement Insurance and accepted. Annuity Company in its efforts to expand its NOW THEREFORE, BE IT RESOLVED BY operations in Dubuque and create new, perma-THE CITY COUNCIL OF THE CITY OF DUBU- nent employment opportunities for local citizens; QUE, IOWA: and Section 1. The recommendation of the City Whereas, a CEBA Loan Agreement, hereto Manager is approved and the Project is hereby attached and by this reference made a part accepted. hereof, is to be executed by and among the Section 2. The City Treasurer is hereby Iowa Department of Economic Development, the directed to pay to the contractor from the Road City of Dubuque and Prudential Retirement Use Tax, Water, Transit, Sales Tax 20%, Insurance and Annuity Company. Refuse, and General Funds appropriations the NOW, THEREFORE, BE IT RESOLVED BY balance of the contract amount of THE CITY COUNCIL OF THE CITY OF DUBU-$11,723,606.15 less any retained percentage QUE, IOWA: provided for therein as provided in Iowa Code Section 1.That the Mayor and Corporation chapter 573, and to pay such retainage only in Counsel be and they are hereby authorized and accordance with the provisions of Iowa Code directed to endorse, on behalf of the City Coun-chapter 573. cil of the City of Dubuque, Iowa, the attached Passed, approved and adopted this 17th day CEBA Loan Agreement and Promissory Note. of January, 2006. Section 2.That the City Manager be and he is Roy D. Buol, Mayor hereby authorized to disburse loan funds to Attest: Jeanne F. Schneider, CMC, City Clerk Prudential Retirement Insurance and Annuity Cline moved adoption of the Resolution. Company from the CEBA program in accor-Seconded by Michalski. Motion carried 7-0. dance with the terms and conditions of the executed Agreement. 2005 Government Performance and Results Section 3.That the City Manager is hereby Act (GPRA) Annual Products Report: City authorized to execute, on behalf of the City Manager transmitting the 2005 Government Regular Session, January 17, 2006 11 Performance and Results Act (GPRA) Annual Passed, approved and adopted this 17th day Products Report which has been submitted to of January, 2006. the National Parks Service, presented and read. Roy D. Buol, Mayor Cline moved that the communication be re-Attest: Jeanne F. Schneider, CMC, City Clerk ceived and filed. Seconded by Michalski. Motion Cline moved adoption of the Resolution. carried 7-0. Seconded by Michalski. Motion carried 7-0. RESOLUTION NO. 15-06 Historic Old Main District: City Manager FINAL ESTIMATE response to Cynthia Nelms-Byrne and Robert Byrne regarding the Historic Old Main Street Whereas, the construction contract for the District and Communication from Cynthia 2005 Asphalt Paving Project (Fiscal Year 2006), Nelms-Byrne and Robert Byrne regarding has been completed and the City Engineer has various issues in the Lower Main Street area, submitted his final estimate showing the cost presented and read. Cline moved that the thereof including the cost of estimates, notices communications be received and filed and and inspection and all miscellaneous costs. referred to the City Manager. Seconded by NOW THEREFORE, BE IT RESOLVED BY Michalski. Motion carried 7-0. THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Highway 20 Corridor Preservation Zone: City Section 1. That the cost of said improvement Manager advising that the Iowa Department of is hereby determined to be $1,029,071.08 and Transportation intends to renew the corridor the said amount shall be paid from the FY2006 preservation zone along U.S. 20 from the Annual Street Program Funds, FY2006 Water Peosta interchange easterly to near the intersec-Main Replacement Funds, FY2006 Storm Sewer tion with the Northwest Arterial, presented and General Repair Funds, FY2006 Sanitary Sewer read. Cline moved that the communication be Manhole Replacement Funds and FY2006 received and filed. Seconded by Michalski. Street Program Related Sanitary Sewer Funds Motion carried 7-0. of the City of Dubuque, Iowa. Passed, approved and adopted this 17th day National Community Development Association of January, 2006. – Audrey Nelson Award: City Manager advising Roy D. Buol, Mayor that the National Community Development Attest: Jeanne F. Schneider, CMC, City Clerk Association has announced that the HEART Cline moved adoption of the Resolution. Partnership is the recipient of the 2006 Audrey Seconded by Michalski. Motion carried 7-0. Nelson Community Development Achievement Award, presented and read. Cline moved that Residential Parking Permit District Petition: the communication be received and filed. City Manager recommending that a request for a Seconded by Michalski. Motion carried 7-0. Residential Parking Permit District in the Lincoln School area be postponed to the spring of 2006, 2005 Asphalt Paving Project: City Manager presented and read. Cline moved that the recommending that Resolution No. 5-06, ap-communication be received and filed and proving the final estimate for the 2005 Asphalt approved recommendation. Seconded by Paving Project, be rescinded and approval of a Michalski. Motion carried 7-0. new final estimate for the project, presented and read. Cline moved that the communication be Kunde Place No. 2 – Final Plat: Zoning Advi- received and filed. Seconded by Michalski. sory Commission recommending approval of the Motion carried 7-0. final plat of Lots 1 through 3, inclusive, of Kunde Place No. 2 located on Old Highway Road West, RESOLUTION NO. 14-06 presented and read. Cline moved that the RESCINDING RESOLUTION NUMBER 5-06, communication be received and filed. Seconded SETTING THE FINAL ESTIMATE FOR THE by Michalski. Motion carried 7-0. 2005 ASPHALT PAVING PROJECT (FISCAL YEAR 2006)RESOLUTION NO. 16-06 APPROVING THE FINAL PLAT OF LOTS 1 Whereas, by Resolution No. 5-06, the City THRU 3, INCLUSIVE, OF KUNDE PLACE NO. Council set the final estimate for the 2005 2 IN DUBUQUE COUNTY, IOWA. Asphalt Paving Project (Fiscal Year 2006); and Whereas, subsequent events necessitate a Whereas, there has been filed with the City different final estimate. Clerk a Final Plat of Lots 1 thru 3, Inclusive, of NOW THEREFORE, BE IT RESOLVED BY Kunde Place No. 2 in Dubuque County, Iowa, THE CITY COUNCIL OF THE CITY OF DUBU-and QUE, IOWA: Whereas, said Final Plat has been examined Section 1. That Resolution Number 5-06 is by the Zoning Advisory Commission and its rescinded. approval endorsed thereon; and 12 Regular Session, January 17, 2006 Whereas, said Final Plat has been examined Awn Stop Mart, Inc., Awn Stop Mart Inc+ by the City Council and they find that it conforms (Sunday Sale), 1998 Jackson St. to the statutes and ordinances relating thereto. Dubuque Discount Gas Inc., Dubuque Dis- NOW THEREFORE, BE IT RESOLVED BY count Gas+ (Sunday Sale), 2175 Central Ave. THE CITY COUNCIL OF THE CITY OF DUBU-, Okay Doky # 21+, (Sunday Sale), 2010 Keeper QUE, IOWA: Blvd Section 1. That the City Council herby waives Passed, approved and adopted this 17th day Article IV, Design and Improvement Standards of January, 2006. of the Subdivision Regulations, except Section Roy D. Buol, Mayor 42-19, Blocks and Lots. Attest: Jeanne F. Schneider, CMC, City Clerk Section 2. That the Final Plat of Lots 1 thru 3, Cline moved adoption of the Resolution. Inclusive, of Kunde Place No. 2 is hereby Seconded by Michalski. Motion carried 7-0. approved and the Mayor and City Clerk are RESOLUTION NO. 18-06 hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said Whereas, applications for Liquor Licenses Plat of Survey. have been submitted to this Council for approval Passed, approved and adopted this 17th day and the same have been examined and ap- of January 2006. proved; and Roy D. Buol, Mayor Whereas, the premises to be occupied by such Attest: Jeanne F. Schneider, City Clerk applicants were inspected and found to comply Cline moved adoption of the Resolution. with the State Laws and all City Ordinances Seconded by Michalski. Motion carried 7-0. relevant thereto and they have filed proper bonds. NPDES Permit: City Manager providing a NOW, THEREFORE, BE IT RESOLVED BY response to Iowa Department of Natural Re-THE CITY COUNCIL OF THE CITY OF DUBU- sources Environmental Specialist Mike Wade QUE, IOWA: regarding problems with the Key Way sanitary That the Manager be authorized to cause to be sewer presented and read. Cline moved that the issued the following named applicants a Liquor communication be received and filed. Seconded License. by Michalski. Motion carried 7-0. CLASS “C” BEER/LIQUOR LICENSE Phillip Love, The Lounge+, (Sunday Sale), Business License Refund: Request of Carol A. 481 Locust St. Meyers, A & B Tap, Inc., for a refund of the beer Heather Carton, Water Hole, 1046 Central and liquor license in the amount of $422.50, Ave. presented and read. Cline moved that the Jason/Laurie Vixen, The Avenue Sports Bar, communication be received and filed and 1701 Central Ave. approved refund. Seconded by Michalski. CLASS “B” NATIVE WINE PERMIT Motion carried 7-0. Woodbine, Inc., Engraved Gift Collection, 962 Main St. Business Licenses: Passed, approved and adopted this 17th day of January, 2006. RESOLUTION NO. 17-06 Roy D. Buol, Mayor Whereas, applications for Beer Permits have Attest: Jeanne F. Schneider, CMC, City Clerk been submitted and filed to this Council for Cline moved adoption of the Resolution. approval and the same have been examined Seconded by Michalski. Motion carried 7-0. and approved: and ITEMS TO BE SET FOR PUBLIC HEARING Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and have filed Dubuque County Historical Society: City proper bonds. Manager recommending that a public hearing be NOW, THEREFORE, BE IT RESOLVED BY set for February 6, 2006 to consider the pro- THE CITY COUNCIL OF THE CITY OF DUBU-posed reuse/lease of the Adam’s Company to QUE, IOWA: the Dubuque County Historical Society, pre- That the Manager be authorized to cause to be sented and read. Michalski moved that the issued the following named applicants a Beer communication be received and filed. Seconded Permit. by Cline. Motion carried 7-0. CLASS “B” BEER (5 – DAY SPECIAL EVENT) RESOLUTION NO. 19-06 Catfish Festival Special Event, Catfish Fes- RESOLUTION OF INTENT TO DISPOSE OF tival, 3505 Century Dr AN INTEREST IN REAL PROPERTY BY CLASS “C” BEER PERMIT LEASE AGREEMENT WITH DUBUQUE Innocent Rubio, El Paisa no Grocery, 1543 COUNTY HISTORICAL SOCIETY Central Ave. Regular Session, January 17, 2006 13 WELFARE OF THE RESIDENTS OF THE CITY WHEREAS, the City of Dubuque, Iowa (City) OF DUBUQUE, IOWA AND PROVIDING FOR is the owner of certain real estate located in the A PUBLIC HEARING THEREON. Port of Dubuque of which the Dubuque County Historical Society desires to lease; and Whereas, the City Council of the City of WHEREAS, the Dubuque County Historical Dubuque finds that the property at 2080 Elm Society desires to lease the Premises for the Street is currently vacant and underutilized, and purpose of creating an expansion of the National Whereas, Michelle Mihalakis has proposed to Mississippi River Museum & Aquarium including purchase the property and construct a 19 room a new museum which would be a compliment to single room occupancy (SRO) facility and the existing National Mississippi River Museum requests the establishment of an urban revitali- & Aquarium and for such other purposes as zation district.; and described in the proposal for a Development Whereas, the area proposed for designation Agreement Leading to a Lease between the City under the Urban Revitalization Act is an eco- of Dubuque and the Dubuque County Historical nomic development area appropriate for housing Society For Adaptive Reuse of the Adams and residential development as defined by Company Building and Site more specifically Section 403.17 of the Iowa Code; and described as Whereas, Chapter 404 of the Code of Iowa Lot 1 in Adam’s Company’s 2nd Addition in the provides that a public hearing shall be held on City of Dubuque, Iowa; and any proposed Urban Revitalization Area Plan. WHEREAS, the City Council has tentatively NOW, THEREFORE, BE IT RESOLVED BY determined that it would be in the best interests THE CITY COUNCIL OF THE CITY OF DUBU- of the City to enter into the Lease Agreement. QUE, IOWA: NOW, THEREFORE, BE IT RESOLVED BY Section 1. That the rehabilitation, redevelop- THE CITY COUNCIL OF THE CITY OF DUBU-ment and economic development of the herei- QUE, IOWA: nafter described area at 2080 Elm Street is Section 1. The City of Dubuque intends to found to be necessary in the interest of the dispose of its interest in the foregoing-described public health, safety and welfare of the residents real property by Lease Agreement, a copy of of the City, to wit: which is attached hereto. Lot 1of Lot 2 of Lot 1 of Lot 2 of Lot 2 of Lot 3 of Section 2. The City Clerk is hereby authorized Lot 10 and part of Lot 1 of Lot 1 of Lot 2 of Lot 3 and directed to cause this Resolution and a of Lot 10 in Kindest Subdivision in the County of notice to be published as prescribed by Iowa Dubuque, City of Dubuque, Iowa, according to Code Section 364.7 of a public hearing on the the recorded plat thereof. City's intent to dispose of the foregoing- Section 2. That the Manasseh House Urban described real property, to be held on the 6th Revitalization Area Plan as proposed meets the day of February, 2006, at 6:30 o'clock p.m. at eligibility criteria of Chapter 404.1 of the Code of the public library auditorium, 11th & Locust, Iowa, 2001. Dubuque, Iowa. Section 3. That the proposed Manasseh Passed, approved and adopted this 17th day House Urban Revitalization Area Plan attached of January 2006. hereto, shall be a matter of record and shall be Roy D. Buol, Mayor available for public inspection in the office of the th Attest: Jeanne F. Schneider, City Clerk City Clerk at City Hall, 50 West 13 Street, Michalski moved adoption of the Resolution Dubuque, Iowa. and set for public hearing on 2/6/06 at a meeting Section 4. That the City is authorized and to commence at 6:30 P.M. in the public library directed to submit the Manasseh House Urban auditorium and direct the City Clerk to publish Revitalization Area Plan to the City’s Long notice in the manner prescribed by law. Range Planning Advisory Commission for Seconded by Cline. Motion carried 7-0. review and comment; and Section 5. That the City Clerk is directed to Manasseh House Urban Revitalization Area publish notice of a public hearing on the Manas- Plan: City Manager recommending that a public seh House Urban Revitalization Area Plan to be hearing be set for February 20, 2006 to consider held on February 20, 2006 at 6:30 p.m. in the establishment of the Manasseh House Urban Carnegie Stout Library Auditorium, 360 West th Revitalization Area Plan as requested by Mi-11 Street, Dubuque, Iowa 52001; and chelle Mihalakis, presented and read. Michalski Section 6. That the owners of record will be moved that the communication be received and notified by the thirtieth day prior to the public filed. Seconded by Cline. Motion carried 7-0. hearing. Passed, approved and adopted this 17th day RESOLUTION NO. 20-06 of January 2006. FINDING THAT THE DESIGNATION OF THE Roy D. Buol, Mayor MANASSEH HOUSE URBAN REVITALIZA- Attest: Jeanne F. Schneider, City Clerk TION PLAN IS NECESSARY IN THE INTER- Michalski moved adoption of the Resolution EST OF THE PUBLIC HEALTH, SAFETY AND with public hearing set for 2/20/06 at a meeting 14 Regular Session, January 17, 2006 to commence at 6:30 P.M. in the public library Passed, adopted and approved this 17th day auditorium and direct the City Clerk to publish of January, 2006. notice in the manner prescribed by law. Roy D. Buol, Mayor Seconded by Cline. Motion carried 7-0. Attest: Jeanne F. Schneider, CMC, City Clerk Michalski moved adoption of the Resolution 2006 Curb Ramp Installation – CDBG Project with a public hearing set for 2-20-06 at a meet- Phase II: City Manager recommending initiation ing to commence at 6:30 p.m. in the Public of the public bidding process for the 2006 Curb Library Auditorium and direct the City Clerk to Ramp Installation – CDBG Project Phase II and publish notice in the manner prescribed by law. that a public hearing be set for February 20, Seconded by Cline. Motion carried 7-0. 2006, presented and read. Michalski moved that RESOLUTION NO. 23-06 the communication be received and filed. ORDERING BIDS Seconded by Cline. Motion carried 7-0. NOW THEREFORE, BE IT RESOLVED BY RESOLUTION NO. 21-06 THE COUNCIL OF THE CITY OF DUBUQUE, PRELIMINARY APPROVAL OF PLANS AND IOWA: SPECIFICATIONS That the 2006 Curb Ramp Installation – CDBG NOW THEREFORE, BE IT RESOLVED BY Project Phase II is hereby ordered to be adver- THE CITY COUNCIL OF THE CITY OF DUBU-tised for bids for construction. QUE, IOWA: BE IT FURTHER RESOLVED that the amount That the proposed plans, specifications, form of the security to accompany each bid shall be in of contract and estimated cost for the 2006 Curb an amount which shall conform to the provisions Ramp Installation – CDBG Project Phase II, in of the Notice to Bidders hereby approved as a the estimated amount of $30,563.67 are hereby part of the plans and specifications heretofore approved and ordered filed in the office of the adopted. City Clerk for public inspection. That the City Clerk is hereby directed to Passed, adopted and approved this 17th day advertise for bids for the construction of the of January, 2006. improvements herein provided, to be published Roy D. Buol, Mayor in a newspaper having general circulation in the Attest: Jeanne F. Schneider, CMC, City Clerk City of Dubuque, Iowa, which notice shall not be Michalski moved adoption of the Resolution. less than four days nor more than forty-five days Seconded by Cline. Motion carried 7-0. prior to the receipt of said bids at 2:00 p.m. on the 2nd day of February, 2006. Bids shall be RESOLUTION NO. 22-06 opened and read by the City Clerk at said time FIXING DATE OF HEARING ON PLANS AND and will be submitted to the Council for final SPECIFICATIONS action at 6:30 p.m. on the 20th day of February, Whereas, the City Council of the City of 2006. Dubuque, Iowa has given its preliminary ap- Passed, adopted and approved this 17th day proval on the proposed plans, specifications, of January, 2006. and form of contract and placed same on file in Roy D. Buol, Mayor the office of the City Clerk for public inspection Attest: Jeanne F. Schneider, CMC, City Clerk of the 2006 Curb Ramp Installation – CDBG Michalski moved adoption of the Resolution. Project Phase II. Seconded by Cline. Motion carried 7-0. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- Fiscal Year 2007 Annual Action Plan: City QUE, IOWA: Manager recommending that a public hearing be That a public hearing will be held on the 20th set for February 21, 2006 on the Fiscal Year day of February, 2006, at 6:30 p.m. in the Public 2007 Annual Action Plan, presented and read. Library Auditorium at which time interested Michalski moved that the communication be persons may appear and be heard for or against received and filed. Seconded by Cline. Motion the proposed plans and specifications, form of carried 7-0. contract and cost of said improvement, and the RESOLUTION NO. 24-06 City Clerk be and is hereby directed to cause a SETTING A PUBLIC HEARING ON THE notice of time and place of such hearing to be PROGRAM YEAR 2006 (FISCAL YEAR 2007) published in a newspaper having general COMMUNITY DEVELOPMENT BLOCK circulation in the City of Dubuque, Iowa, which GRANT (CDBG) ANNUAL ACTION PLAN. notice shall be not less than four days nor more than twenty days prior to the day fixed for its Whereas, the City of Dubuque has, through a consideration. At the hearing, any interested series of public meetings and hearings, finalized person may appear and file objections to the a Fiscal Year 2007 (Program Year 2006) Com- proposed plans, specifications, contract, or munity Development Block Grant Annual Plan estimated cost of the improvement. Regular Session, January 17, 2006 15 addressing both housing and non-housing Questions from Council Member Braig; Ques- needs in the community; and tions from Council Member Cline; Questions Whereas, copies of the draft Fiscal Year 2007 from Council Member Connors; Questions from (Program Year 2006) CDBG Annual Plan will be former Council Member Nicholson; Questions available for public comment for 30 days prior to from former Council Member Markham; Ques- City Council action; and tions from City staff; Communication from Sister Whereas, the City's Community Development Margaret Ann Willging, OSF, regarding the River Advisory Commission has reviewed and rec-Pointe Development, LLC project; and an ommended adoption of the Annual Action Plan. Ordinance Amending Appendix A (the Zoning NOW, THEREFORE, BE IT RESOLVED BY Ordinance) of the City of Dubuque Code of THE CITY COUNCIL OF THE CITY OF DUBU-Ordinances by reclassifying hereinafter de- QUE, IOWA: scribed property located at 600 Mazzuchelli Section 1. That the City Council will meet in Drive from R-2 Two-Family Residential District the Carnegie Stout Public Library Auditorium, to PUD Planned Unit Development District with 360 West 11th Street, Dubuque, Iowa at 6:30 a PR Planned Residential District designation p.m. on February 21, 2006 for the purpose of and adopting a Conceptual Development Plan holding a public hearing and taking action on the with conditions, presented and read. Fiscal Year 2007 (Program Year 2006) Commu- Communication from Corporation Counsel nity Development Block Grant Annual Action Barry A. Lindahl recommending that this matter Plan. be referred back to the Zoning Advisory Com- Section 2. That the City Clerk be and she is mission in response to a written objection he hereby authorized and directed to publish a had received from Attorney Robert Murphy, notice of such public hearing and the City representing Jeff Nagle, stating that the pro- Council’s intent to review and take action on the posed plan was “radically different” from the Fiscal Year 2007 (Program Year 2006) Commu-original plan and in light of the controversial nity Development Block Grant Annual Plan. nature of the proposed plan. Passed, approved and adopted this 17th day Attorney Steve Juergens, representing River of January, 2006. Pointe Development, LLC, agreed to this action. Roy D. Buol, Mayor Connors moved that this be referred back to Attest: Jeanne F. Schneider, City Clerk the Zoning Advisory Commission. Seconded by Michalski moved adoption of the Resolution Michalski. Motion carried 7-0. and set hearing for 2/21/06 at a meeting to commence at 6:30 P.M. in the Public Library Washington Court LLP – Request to Rezone: Auditorium and that the City Clerk publish notice Proof of publication on notice of hearing to in the manner prescribed by law. Seconded by consider rezoning property located at 1798 Cline. Motion carried 7-0. Washington Street from OR Office Residential District to OS Office Service District as re- PUBLIC HEARINGS quested by John Gronen/Washington LLP and Zoning Advisory Commission recommending Connors moved that the rules be suspended to approval, presented and read. Connors moved allow anyone present to address the Council. that the proof and communication be received Seconded by Cline. Motion carried 7-0. and filed. Seconded by Michalski. Motion carried 7-0. Michalski moved that the following be removed from the table. Seconded by Connors. Motion An Ordinance Amending Appendix A (the carried 7-0. Zoning Ordinance) of the City of Dubuque Code River Pointe Development, LLC – Request to of Ordinances by reclassifying hereinafter Rezone (Tabled on January 3, 2006) (Public described property located at 1798 Washington Hearing Recessed at December 19, 2006 Street from OR Office Residential District to OS Meeting / First Reading on December 19, 2005): Office Service District, presented and read. Communication to the City from Stephen J. OFFICIAL PUBLICATION Juergens, representing River Pointe Develop- ORDINANCE NO. 4-06 ment, LLC, providing responses to various AMENDING APPENDIX A (THE ZONING questions posed by City Council members and ORDINANCE) OF THE CITY OF DUBUQUE City staff; Request from Steward Sandstrom, CODE OF ORDINANCES BY RECLASSIFY- Dubuque Area Chamber of Commerce, to ING HEREINAFTER DESCRIBED PROPERTY address the City Council regarding the River LOCATED AT 1798 WASHINGTON STREET Pointe Development, LLC request to rezone; FROM OR OFFICE RESIDENTIAL DISTRICT and City Manager submitting questions of the TO OS OFFICE SERVICE DISTRICT Council that were sent to Mr. Spiegel for re- sponse at the January 3, 2006 public hearing: NOW, THEREFORE, BE IT ORDAINED BY Letter to A.J. Spiegel; Questions from Mayor THE CITY COUNCIL OF THE CITY OF DUBU- Buol; Questions from Council Member Michalski; QUE, IOWA: 16 Regular Session, January 17, 2006 Section 1. That Appendix A (The Zoning Dave Pins, 405 Southern, said he bought Ordinance) of the City of Dubuque Code of nearby property from IDOT and was told the Ordinances is hereby amended by reclassifying remaining property would be green space. the hereinafter-described property from OR Francine Banworth, 985 S. Grandview, spoke Office Residential District to OS Office Service requesting it be kept as public space and not set District, to wit: the precedent of selling public open space. Lot 102 thru Lot 106, Inclusive, East Dubuque Council discussed the unanimous vote to sell Addition, and to the centerline of the adjoining by the Park and Recreation Commission and the public right-of-way, all in the City of Dubuque, split vote of the Zoning Advisory Commission Iowa. and other issues with this property. Section 2. The foregoing amendment has An Ordinance Amending Appendix A (the heretofore been reviewed by the Zoning Advi-Zoning Ordinance) of the City of Dubuque Code sory Commission of the City of Dubuque, Iowa. of Ordinances by reclassifying hereinafter Section 3. This ordinance shall take effect described property located on Southern Avenue immediately upon publication, as provided by from POS Public Open Space District to R-1 law. Single Family Residential District, presented and th Passed, approved and adopted this 17 day of read. January 2006. OFFICIAL PUBLICATION Roy D. Buol, Mayor ORDINANCE NO. 5-06 Attest: Jeanne F. Schneider, City Clerk AMENDING APPENDIX A (THE ZONING Published officially in the Telegraph Herald th ORDINANCE) OF THE CITY OF DUBUQUE newspaper this 20 day of January, 2006. CODE OF ORDINANCES BY RECLASSIFY- Jeanne F. Schneider, City Clerk ING HEREINAFTER DESCRIBED PROPERTY 1t 1/20 LOCATED ON SOUTHERN AVENUE FROM Connors moved that the requirement that a POS PUBLIC OPEN SPACE DISTRICT TO R-1 proposed Ordinance be considered and voted SINGLE-FAMILY RESIDENTIAL DISTRICT on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be NOW, THEREFORE, BE IT ORDAINED BY suspended. Seconded by Michalski. Motion THE CITY COUNCIL OF THE CITY OF DUBU- carried 7-0. Connors moved final consideration QUE, IOWA: and passage of the Ordinance. Seconded by Section 1. That Appendix A (The Zoning Michalski. Motion carried 7-0. Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying Allan and Connie Rowell / City of Dubuque – the hereinafter-described property from POS Request to Rezone: Proof of publication on Public Open Space District to R-1 Single-Family notice of hearing to consider rezoning property Residential Zoning District, to wit: located on Southern Avenue from POS Public Lot 29, 30 and 31 of Mineral Lot 39, the easterly Open Space District to R-1 Single-Family 30’ of Lot 1 of John Breakey’s Dubuque, the Residential District as requested by Allan and westerly 56’ of Lot 1 of John Breakey’s Dubu- Connie Rowell/City of Dubuque and Zoning que, Lot 2 of John Breakey’s Dubuque, Dubu- Advisory Commission recommending denial, que, Iowa (the Property). presented and read. Connors moved that the Section 2. The foregoing amendment has proof and communication be received and filed. heretofore been reviewed by the Zoning Advi- Seconded by Cline. Motion carried 7-0. sory Commission of the City of Dubuque, Iowa. Communication from Allan and Connie Rowell Section 3. This Ordinance shall take effect regarding the proposed rezoning and purchase immediately upon publication, as provided by of the Southern Avenue property, presented and law. th read. Connors moved that the communication Passed, approved and adopted this 17 day of be received and filed. Seconded by Cline. January 2006. Motion carried 7-0. Roy D. Buol, Mayor Connie and Allan Rowell spoke requesting Attest: Jeanne F. Schneider, City Clerk support of this rezoning so as to build their Published officially in the Telegraph Herald th retirement home in this area of town. newspaper this 20 day of January, 2006. Jan Oswald, 1440 Parkway, spoke stating she Jeanne F. Schneider, City Clerk owns the property at 837 Tressa and objected to 1t 1/20 dividing this property to build a house. Connors moved that the requirement that a Tina Flanagan, daughter of the Rowells, spoke proposed Ordinance be considered and voted stressing the layout of the property does not on for passage at two Council Meetings prior to show the park from where the house will be built the meeting at which it is to be finally passed be and requested they be allowed to build. suspended. Seconded by Cline. Motion carried Tom Welu, 2609 Broadway, requested the City 7-0. Connors moved final consideration and preserve the green space. Regular Session, January 17, 2006 17 passage of the Ordinance. Seconded by Mi-7-0. Connors moved final consideration and chalski. Motion carried 7-0. passage of the Ordinance. Seconded by Braig. Motion carried 7-0. City of Dubuque/Edward Brown – Request to Rezone: Proof of publication on notice of hear- Vacating Petition – United Parcel Service ing to consider rezoning property located at 468 (UPS): Proof of publication on notice of hearing th East 12 Street from HI Heavy Industrial District to consider vacating and disposing of a portion to MHI Modified Heavy Industrial District as of Kerper Boulevard in Block 5 of River Front requested by the City of Dubuque/Edward Subdivision No. 3 to United Parcel Service Brown and Zoning Advisory Commission re-(UPS) and City Manager recommending ap- commending approval, presented and read. proval, presented and read. Cline moved that Connors moved that the proof and communica-the proof and communication be received and tion be received and filed. Seconded by Jones. filed. Seconded by Connors. Motion carried 7-0. Motion carried 7-0. RESOLUTION NO. 25-06 APPROVING PLAT OF PROPOSED VA- An Ordinance Amending Appendix A (the CATED PORTION OF KERPER BOULEVARD Zoning Ordinance) of the City of Dubuque Code IN BLOCK 5 OF RIVER FRONT SUBDIVISION of Ordinances by reclassifying hereinafter th NO. 3 described property located at 468 East 12 Street from HI Heavy Industrial District to MHI Whereas, there has been presented to the City Modified Heavy Industrial District, presented and Council of the City of Dubuque, Iowa, a plat th read. dated the 7 day of December, 2005, prepared by IIW Engineers & Surveyors, PC, describing OFFICIAL PUBLICATION the proposed vacated portion of Keeper Boule- ORDINANCE NO. 06-06 vard in Block 5 of River Front Subdivision No. 3 AMENDING APPENDIX A (THE ZONING to be known as Lot 1B, Block 5, River Front ORDINANCE) OF THE CITY OF DUBUQUE Subdivision No. 3 in the City of Dubuque, CODE OF ORDINANCES BY RECLASSIFY- Dubuque County, Iowa; and ING HEREINAFTER DESCRIBED PROPERTY Whereas, said plat conforms to the laws and TH LOCATED AT 468 E. 12 STREET FROM HI statutes pertaining thereto. HEAVY INDUSTRIAL DISTRICT TO MHI NOW, THEREFORE, BE IT RESOLVED BY MODIFIED HEAVY INDUSTRIAL DISTRICT THE CITY COUNCIL OF THE CITY OF DUBU- NOW, THEREFORE, BE IT ORDAINED BY QUE, IOWA: th THE CITY COUNCIL OF THE CITY OF DUBU- Section 1. That the plat dated the 7 day of QUE, IOWA: December, 2005, prepared by IIW Engineers & Section 1. That Appendix A (The Zoning Surveyors, PC, relative to the real estate herei- Ordinance) of the City of Dubuque Code of nabove described be and the same is hereby Ordinances is hereby amended by reclassifying approved, and the Mayor and City Clerk be and the hereinafter-described property, all in the City they are hereby authorized and directed to of Dubuque, Iowa from HI Heavy Industrial to execute said plat for and on behalf of the City of MHI Modified Heavy Industrial District, to wit: Dubuque, Iowa. W 101’ of City Lot 501, and to the centerline of Section 2. That the City Clerk is and is hereby the adjoining public right-of-way, all in the City of authorized and directed to file said plat and Dubuque, Iowa. certified copy of this resolution in the office of Section 2. The foregoing amendment has the Recorder in and for Dubuque County, Iowa. th heretofore been reviewed by the Zoning Advi- Passed, approved and adopted this 17 day of sory Commission of the City of Dubuque, Iowa. January, 2006. Section 3. This ordinance shall take effect Roy D. Buol, Mayor immediately upon publication, as provided by Attest: Jeanne F. Schneider, CMC, City Clerk law. Cline moved adoption of the Resolution. th Passed, approved and adopted this 17 day of Seconded by Connors. Motion carried 7-0. January 2006. RESOLUTION NO. 26-06 Roy D. Buol, Mayor VACATING A PORTION OF KERPER BOU- Attest: Jeanne F. Schneider, City Clerk LEVARD IN BLOCKS 5 OF RIVER FRONT Published officially in the Telegraph Herald SUBDIVISION NO. 3 newspaper this 20th day of January, 2006. Jeanne F. Schneider, City Clerk Whereas, United Parcel Service (UPS) has 1t 1/20 requested the vacating of a portion of Keeper Connors moved that the requirement that a Boulevard in Block 5 of River Front Subdivision proposed Ordinance be considered and voted No. 3; and on for passage at two Council Meetings prior to Whereas, IIW Engineers & Surveyors, PC has the meeting at which it is to be finally passed be prepared and submitted to the City Council a suspended. Seconded by Jones. Motion carried plat showing the vacated portion of Keeper 18 Regular Session, January 17, 2006 Boulevard in Block 5 of River Front Subdivision Section 2. That the Mayor be authorized and No. 3 and assigned lot number thereto, which directed to execute a Quit Claim Deed, and the hereinafter shall be known and described as Lot City Clerk be and is hereby authorized and 1B, Block 5, River Front Subdivision No. 3 in the directed to deliver said deed of conveyance to City of Dubuque, Dubuque County, Iowa; and United Parcel Service (UPS) upon receipt of the Whereas, the City Council of the City of purchase price in full. Dubuque, Iowa has determined that a portion of Section 3. That the City Clerk be and is hereby Keeper Boulevard in Block 5 of River Front authorized and directed to record a certified Subdivision No. 3 is no longer required for public copy of this resolution in the offices of the City use, except for reserving the utility easements Assessor, Dubuque County Recorder and as noted, and vacating of said portion of Keeper Dubuque County Auditor. th Boulevard in Block 5 of River Front Subdivision Passed, approved and adopted this 17 day of No. 3 known as Lot 1B, Block 5, River Front January, 2006. Subdivision No. 3 in the City of Dubuque, Roy D. Buol, Mayor Dubuque County, Iowa should be approved. Attest: Jeanne F. Schneider, CMC, City Clerk NOW, THEREFORE, BE IT RESOLVED BY Cline moved adoption of the Resolution. THE CITY COUNCIL OF THE CITY OF DUBU-Seconded by Connors. Motion carried 7-0. QUE, IOWA: Section 1. That the real estate described as Connors moved to reinstate the rules limiting Lot 1B, Block 5, River Front Subdivision No. 3 in discussion to the Council. Seconded by Braig. the City of Dubuque, Iowa, be and the same is Motion carried 7-0. hereby vacated. th ACTION ITEMS Passed, approved and adopted this 17 day of January, 2006. Roy D. Buol, Mayor Citizen Request: Communication of Andrew J. Attest: Jeanne F. Schneider, CMC, City Clerk Schlarmann requesting to address the Council Cline moved adoption of the Resolution. regarding the alley between the 2500 block of Seconded by Connors. Motion carried 7-0. Elm and Washington Streets presented and read. Cline moved to receive and file the com- RESOLUTION NO. 27-06 munication and referred to the City Manager. DISPOSING OF CITY INTEREST IN LOT 1B, Seconded by Connors. Motion carried 7-0. BLOCK 5, RIVER FRONT SUBDIVISION NO. 3 Andrew Schlarmann spoke requesting the City IN THE CITY OF DUBUQUE, DUBUQUE plow the alley as parking is limited to one side of COUNTY, IOWA Elm Street due to Heritage Trail running down Whereas, pursuant to resolution and published the middle of the block. notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general Dubuque Malting and Brewing Company circulation published in the City of Dubuque, Building: Communication from David L. Cle- th Iowa on this 7 day of January, 2006, the City mens, representing 3-M Development, Ltd. – nd Council of the City of Dubuque, Iowa met on the purchaser of the property located at 32 and th 17 day of January, 2006, at 6:30 p.m. in the Jackson Streets, requesting immediate release Public Library Auditorium, 360 West 11 Street, of the action taken by the City Council in estab- Dubuque, Dubuque County, Iowa to consider lishment of the Brewery Neighborhood Conser- the proposal for the sale of real estate described vation District; Request of Michael W. McCoy, as: President – 3-M Development, to address the Lot 1B, Block 5, River Front Subdivision No. 3 City Council regarding the Dubuque Malting and in the City of Dubuque, Dubuque County, Iowa Brewing Company building; City Manager Whereas, the City Council of the City of submitting background information on Conserva- Dubuque, Iowa overruled any and all objections, tion Districts in the City of Dubuque, presented oral or written to the proposal to sell such real and read. Cline moved that the communication estate, except for easement as noted. be received and filed. Seconded by Connors. NOW, THEREFORE, BE IT RESOLVED BY Motion carried 7-0. THE CITY COUNCIL OF THE CITY OF DUBU- Mike McCoy, President of 3M Development, QUE, IOWA: stated he and his partners had a signed pur- Section 1. That the sale of City of Dubuque chase agreement for the building prior to the real property described as Lot 1B, Block 5, River Conservation District being adopted and ques- Front Subdivision No. 3 in the City of Dubuque, tioned how long the district would be in place. Dubuque County, Iowa, to United Parcel Service He stated they had money invested in the (UPS) is and the same is hereby approved for property and had not been contacted regarding the sum of $23,197.10 plus the costs of survey-the previous action taken to preserve the build- ing, platting, publication, and filing fees. Con-ings. veyance shall be by Quit Claim Deed. Regular Session, January 17, 2006 19 James Krueger, as owner of part of the build- Cline moved adoption of the Resolution. ing, spoke stating he would like to see this Seconded by Connors. Motion carried 7-0. building saved, especially the twin towers. Jerry Enzler spoke clarifying the time frames Truck Parking on Flint Hill Drive and Cross Hill and purchase actions and stated the Dubuque Drive: City Manager recommending that semi County Historical Society is willing to assist in trailer parking be restricted on both sides of Flint the building’s preservation. Hill Drive from Twin Valley Drive to its southerly terminus and on Cross Hill Drive from Flint Hill Community Needs Assessment for Children: Drive to Rockdale Road, presented and read. City Manager recommending approval of the Connors moved that the communication be allocation of $2,000 of existing Fiscal Year 2006 received and filed. Seconded by Braig. Motion Health Services Department funds towards the carried 7-0. Community Youth Needs Assessment process, presented and read. Michalski moved that the An Ordinance Amending Section 32-267.1 of communication be received and filed and the Code of Ordinances of the City of Dubuque, approved recommendation. Seconded by Lynch. Iowa, providing for parking restrictions for semi Motion carried 7-0. trailers on designated streets or portions thereof by adding certain portions of Flint Hill Drive and Dubuque Star Brewery: City Manager recom-Cross Hill Drive, presented and read. mending approval of the selection of the Port of OFFICIAL PUBLICATION Dubuque Development, LLC, as developer for ORDINANCE NO. 7-06 the Dubuque Star Brewery Project, and that a AMENDING SECTION 32-267.1 OF THE CODE development agreement be negotiated, pre- OF ORDINANCES OF THE CITY OF DUBU- sented and read. Cline moved that the commu- QUE, IOWA, PROVIDING FOR PARKING nication be received and filed. Seconded by RESTRICTIONS FOR SEMITRAILERS ON Connors. Motion carried 7-0. DESIGNATED STREETS OR PORTIONS RESOLUTION NO. 28-06 THEREOF BY ADDING CERTAIN PORTIONS APPROVING THE SELECTION OF A DEVEL-OF FLINT HILL AND CROSS HILL DRIVE OPER FOR THE DUBUQUE STAR BREWERY NOW THEREFORE, BE IT ORDAINED BY BUILDING AND SITE. THE CITY COUNCIL OF THE CITY OF DUBU- Whereas, the City Council of the City of QUE, IOWA: Dubuque, Iowa issued a Request for Proposals Section 1. That the Code of Ordinances of the in September 2005 to solicit qualified developers City of Dubuque, Iowa, be amended by adding for the continued redevelopment of the Dubuque to the following new Section 32-267.1 thereof as Star Brewery building and site; and follows: Whereas, The Alexander Company of Madi- “Sec. 32-267.1. Parking Restrictions for Semi son, Wisconsin and the Port of Dubuque Devel-trailers on Designated Streets or Portions opment, LLC (a subsidiary of Epic Construction) Thereof”. of Dubuque, Iowa submitted proposals for the Where spaces have been designated by signs redevelopment project; and or markings for “No Parking Semi trailers”, it Whereas, a selection committee has recom-shall be unlawful for the operator of any such mended the Port of Dubuque Development, LLC vehicle to stop, stand or park in the following as developer for the project. area: NOW, THEREFORE, BE IT RESOLVED BY Flint Hill Drive, both sides, from Twin Valley THE CITY COUNCIL OF THE CITY OF DUBU-Drive to its southerly terminus. QUE, IOWA: Cross Hill Drive, both sides, from Flint Hill Section 1. That the City Council of the City of Drive to Rockdale Road. th Dubuque, Iowa approves the selection of the Passed, approved, and adopted this 17 day Port of Dubuque Development, LLC as the of January, 2006. developer for the Dubuque Star Brewery build-Roy D. Buol, Mayor ing and site. Attest: Jeanne F. Schneider, CMC, City Clerk Section 2. That the City Manager is hereby Published officially in the Telegraph Herald th authorized and directed to negotiate a Develop-newspaper this 20 day of January, 2006. ment Agreement and Lease with the Port of Jeanne F. Schneider, City Clerk Dubuque Development, LLC as related to the 1t 1/20 redevelopment of the Dubuque Star Brewery Connors moved that the requirement that a and site for City Council approval. proposed Ordinance be considered and voted Passed, approved and adopted this 17th day on for passage at two Council Meetings prior to of January 2006. the meeting at which it is to be finally passed be Roy D. Buol, Mayor suspended. Seconded by Braig. Motion carried Attest: Jeanne F. Schneider, City Clerk 7-0. Connors moved final consideration and 20 Regular Session, January 17, 2006 passage of the Ordinance. Seconded by Jones. City Manager Van Milligen presented the Motion carried 7-0. highlights of the Fiscal Year 2007 Operating and Capital Improvement Budget. Five Year Street Program (Fiscal Years 2007 – COUNCIL MEMBER REPORTS 2011): City Manager recommending approval of the Annual Five Year Street Construction Program for Fiscal Years 2007 – 2011, pre-Michalski shared that the Martin Luther King sented and read. Cline moved that the commu-Jr. celebration was outstanding. Jones reported nication be received and filed. Seconded by that the Iowa Special Olympics was a great Braig. Motion carried 7-0. success. RESOLUTION NO. 29-06 PUBLIC INPUT ADOPTING THE FIVE-YEAR STREET CON- STRUCTION PROGRAM FOR FISCAL YEARS Tiberius Daniel Mocanu, 1075 Walnut, ques- 2007-2011 tioned whether the City Council had any say as Whereas, a recommended Five-Year Street to who the tenants of the Brewery would be Construction Program for the Fiscal Years 2007-when it was redeveloped and requested that the 2011 beginning July 1, 2006, and ending June young people of Dubuque not be ignored as 30, 2010, for the City of Dubuque has been they needed a place to socialize. prepared and submitted to the City Council; and Whereas, the Five-Year Street Construction Tim Trenkle, 1915 Stanton, commented that Program: 1) describes specific capital improve-the community health center was a real necessi- ment projects; 2) provides estimated costs for ty and requested that mental health be consi- those projects; 3) proposes sources of funding; dered as a component of the center. and 4) schedules the fiscal/calendar year during which each project will be undertaken; and At 8:48 P.M. Michalski moved to go into Whereas, the capital improvement projects for Closed Session re: Pending Litigation, Property the first year of such five-year program are Acquisition, and Personnel Issue – Chapter included in the Fiscal Year 2007 budget; and 21.5(1)(c)(j)(i) 2005 Code of Iowa. Seconded by Whereas, the adoption of the Five-Year Street Braig. Motion carried 7-0. Construction Program is a prudent measure to provide continuity of programs and is in the best At 9:02 Council reconvened Regular Session interest of the City of Dubuque. and stated that staff had been given proper NOW THEREFORE, BE IT RESOLVED BY direction. THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: There being no further business, Lynch moved Section 1. That the Five-Year Street Con-to adjourn. Seconded by Connors. Motion struction Program for Fiscal Years 2007-2011 carried 7-0. The meeting adjourned at 9:03 P.M. beginning July 1, 2006, set out in the Fiscal Years 2007-2011 recommended Capital Im-/s/ Jeanne F. Schneider, CMC provement Budget, is hereby approved and City Clerk adopted as the proposed allocation of City resources for capital improvements as sche- duled in the years shown, subject to annual review and revision. Passed, approved and adopted this 17th day of January, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Braig. Motion carried 7-0. Fiscal Year 2007 Operating Budget and Five Year Capital Improvement Program: City Man- ager submitting the Fiscal Year 2007 Operating Budget and Five Year Capital Improvement Program, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. Special Session, January 30, 2006 21 DUBUQUE Long Range Planning Advisory Commis- sion – Council Member Patricia Cline and CITY COUNCIL Corporation Counsel Lindahl directed to prepare OFFICIAL an ordinance removing the need for an alternate PROCEEDINGS appointment Operation: New View – Council Members Karla Braig and Ric Jones and Corporation City Council, Special Session, January 30, Counsel Lindahl directed to review the 28E 2006 Agreement currently in effect Council met in special session at 5:15 p.m. in Regional Workforce Investment Board – the Library Auditorium City Clerk Schneider directed to obtain addition- al information regarding this board Present: Mayor Buol, Council Members Braig, River Valley Initiative Foundation Board of Cline, Connors, Jones, Lynch, Corporation Directors – Council Member Karla Braig Counsel Lindahl Sister Cities Representative – Council Absent: Council Member Michalski, City Member Patricia Cline and City Clerk Schneider Manager Van Milligen directed to obtain more information about the organization Mayor Buol read the call and stated this is a Braig moved that all appointments be ap- special session of the City Council called for the proved as discussed and agreed upon. purpose of discussing Council appointments to Seconded by Jones. Motion passed 7-0. various boards/commissions. There being no further business, upon motion Council reviewed the various community/city meeting adjourned at 6:17 p.m. boards and commissions they sit on and made the following appointments: /s/ Jeanne F. Schneider, CMC City Clerk Area Council of Governments – Mayor Roy D. Buol Conference Board – Mayor Roy D. Buol and all Council Members County Resource Enhancement and Pro- tection (REAP) Committee – Council Member Joyce Connors Dubuque Area Chamber of Commerce Convention and Visitors Bureau – Council Members Joyce Connors and Ric Jones Dubuque Main Street, Ltd. – Council Member Ann Michalski Dubuque Racing Association – Mayor Roy D. Buol, Council Members Kevin Lynch and Ric Jones Dubuque Initiatives – Mayor Roy D. Buol, Council Members Kevin Lynch and Ann Michalski Dubuque Metropolitan Area Solid Waste Agency – Council Members Ric Jones and Ann Michalski Dubuque Metropolitan Area Transportation System (DMATS) – Mayor Roy D. Buol and all Council Members East Central Intergovernmental Agency – Mayor Roy D. Buol Emergency Management Council – Mayor Roy D. Buol designated Fire Chief E. Daniel Brown Four Mounds Foundation – Council Member Ann Michalski Greater Dubuque Development Corporation – Mayor Roy D. Buol, Council Members Patricia Cline and Joyce Connors 22 Regular Session, February 6, 2006 DUBUQUE Proofs of publication of City Council Proceed- CITY COUNCIL ings of 12/5, 1/3, 1/12 and 1/17; Proofs of OFFICIAL publication of List of Claims and Summary of PROCEEDINGS Revenues for months ending November 30, 2005 and December 31, 2005, presented and read. Jones moved that the proofs be received City Council, Regular Session, February 6, and filed. Seconded by Connors. Motion carried 2006 7-0. Council met at 6:30 P.M. in the Public Library Auditorium Notice of Claims/Suits: Stacey Duster for vehicle damage; Vincent and Marjorie Erhart for Present: Mayor Buol, Council Members Braig, property damage; Jerry Grutz for property Cline, Connors, Jones, Lynch, Michalski, City damage; Maureen Schulz for personal injury; Manager Van Milligen, Corporation Counsel Donald Stumpf for personal injury; Paul J. Lindahl Uhlrich for vehicle damage; Union Insurance Company for property damage; Wells Fargo Mayor Buol read the call and stated this is a Bank Minnesota vs. City of Dubuque, et al, regular session of the City Council called for the presented and read. Jones moved that the purpose of discussing such matters which may communications be received and filed and properly come before the Council. referred to the City Attorney for investigation and report. Seconded by Connors. Motion carried 7- Invocation was given by President Ken Daugh- 0. ters, Emmaus Bible College. Corporation Counsel advising that the follow- Proclamation: Parent Leadership Month ing claims have been referred to Public Entity (February 2006) received by Julie Woodyard. Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Bernice Breitfeld- CONSENT ITEMS er for property damage; Mary V. Kearney for personal injury; Stacey Duster for vehicle Minutes and Reports Submitted: Arts and damage, presented and read. Jones moved that Cultural Affairs Advisory Commission of 11/29; the communications be received and filed and City Council of 1/12, 1/17 and 1/30; Civil Service concurred. Seconded by Connors. Motion Commission of 12/16; Environmental Steward- carried 7-0. ship Advisory Commission of 1/3; Historic Preservation Commission of 1/19; Housing Corporation Counsel recommending settle- Commission of 11/22; Human Rights Commis- ment of the claim of Vincent and Marjorie Erhart sion of 12/12; Investment Oversight Advisory for property damage and the claim of Paul Commission of 1/25; Library Board of 12/15; Uhlrich for vehicle damage and direct the Long Range Planning Advisory Commission of Finance Department to issue payment, pre- 1/18; Mechanical Code Board of 10/6; Park and sented and read. Jones moved that the commu- Recreation Commission of 1/10; Zoning Board nications be received and filed and concurred of Adjustment of 1/26, presented and read. and Finance Department to issue payment. Jones moved that the minutes be received and Seconded by Connors. Motion carried 7-0. filed. Seconded by Connors. Motion carried 7-0. Corporation Counsel recommending denial of Investment Oversight Advisory Commission the claim of Jesse Rans for property damage, st submitting the 51 Quarterly Report, presented presented and read. Jones moved that the and read. Jones moved that the communication communication be received and filed and be received and filed. Seconded by Connors. concurred. Seconded by Connors. Motion Motion carried 7-0. carried 7-0. Substance Abuse Services Center Second Corporation Counsel recommending that the Quarter Report for Fiscal Year 2006, presented claim of Jerry Grutz for property damage be and read. Jones moved that the communication referred to the Control Board of the Dubuque be received and filed. Seconded by Connors. Drug Task Force, presented and read. Jones Motion carried 7-0. moved that the communication be received and filed and concurred. Seconded by Connors. Library Board of Trustees Update from Meet- Motion carried 7-0. ing of January 26, 2006, presented and read. Governor’s Traffic Safety Grant: City Manager Jones moved that the communication be re- recommending approval of the submission of a ceived and filed. Seconded by Connors. Motion Governor’s Traffic Safety Grant application for carried 7-0. Regular Session, February 6, 2006 23 special traffic enforcement from April 1, 2006 to Section 1. That the cost of said improvement September 30, 2006, presented and read. Jones is hereby determined to be $449,677.12 and the moved that the communication be received and said amount shall be paid from the Dubuque filed and approved recommendation. Seconded Industrial Center West (DICW) Funds (CIP by Connors. Motion carried 7-0. 3601481). th Passed, approved and adopted this 6 day of Synergy Court Construction Project: City February, 2006. Manager recommending acceptance of the Roy D. Buol, Mayor Synergy Court Construction Project as com-Attest: Jeanne F. Schneider, CMC, City Clerk pleted by Top Grade Excavating, Inc., in the final Jones moved adoption of the Resolution. contract amount of $410,342.13, presented and Seconded by Connors. Motion carried 7-0. read. Jones moved that the communication be received and filed. Seconded by Connors. Sixth Street, Seventh Street and Washington Motion carried 7-0. Park Reconstruction/Renovation Project: City Manager recommending acceptance of the Sixth RESOLUTION NO. 30-06 Street, Seventh Street and Washington Park ACCEPTING THE SYNERGY COURT DICW - Reconstruction / Renovation Project as com- STREET AND UTILITIES CONSTRUCTION pleted by Portzen Construction in the final PROJECT contract amount of $786,666.02, presented and Whereas, the contract for the Synergy Court read. Jones moved that the communication be DICW - Street and Utilities Construction Project received and filed. Seconded by Connors. (the Project) has been completed and the City Motion carried 7-0. Manager has examined the work and filed a RESOLUTION NO. 32-06 certificate stating that the Project has been ACCEPTING THE 6TH & 7TH STREET RE- completed according to the terms of the con- CONSTRUCTION AND THE WASHINGTON tract, plans and specifications and that the City PARK RENOVATION PROJECT Manager recommends that the Project be accepted. Whereas, the contract for the 6th & 7th Street NOW THEREFORE, BE IT RESOLVED BY Reconstruction and the Washington Park THE CITY COUNCIL OF THE CITY OF DUBU-Renovation Project (the Project) has been QUE, IOWA: completed and the City Manager has examined Section 1. The recommendation of the City the work and filed a certificate stating that the Manager is approved and the Project is hereby Project has been completed according to the accepted. terms of the contract, plans and specifications Section 2. The City Treasurer is hereby and that the City Manager recommends that the directed to pay to the contractor from the Dubu-Project be accepted. que Industrial Center West (DICW) Funds (CIP NOW THEREFORE, BE IT RESOLVED BY 3601481) appropriation for the contract amount THE CITY COUNCIL OF THE CITY OF DUBU- of $410,342.13 less any retained percentage QUE, IOWA: provided for therein as provided in Iowa Code Section 1. The recommendation of the City Chapter 573, and to pay such retainage only in Manager is approved and the Project is hereby accordance with the provisions of Iowa Code accepted. Chapter 573. Section 2. The City Treasurer is hereby th Passed, approved and adopted this 6 day of directed to pay to the contractor from the Fiscal February, 2006. Year 2005 Street Construction Fund, Fiscal Year Roy D. Buol, Mayor 2005/2006 Washington Park Sidewalks, Fiscal Attest: Jeanne F. Schneider, CMC, City Clerk Year 2006 Washington Park Renovation, Fiscal Jones moved adoption of the Resolution. Year 2006 Water Main Replacement Fund, Seconded by Connors. Motion carried 7-0. Fiscal Year 2006 Storm Sewer Improvement Fund, Fiscal Year 2006 Street Program Related RESOLUTION NO. 31-06 Sanitary Sewer Improvements, Fiscal Year 2006 FINAL ESTIMATE Fiber Optic Conduit – Paving Projects, Fiscal Whereas, the construction contract for the Year 2006 Signalization Program and the cost Synergy Court DICW - Street and Utilities share on behalf of the Dubuque Museum of Art Construction Project, has been completed and for brick paver replacement for the contract the City Engineer has submitted his final esti-amount of $786,666.02 less any retained mate showing the cost thereof including the cost percentage provided for therein as provided in of estimates, notices and inspection and all Iowa Code Chapter 573, and to pay such miscellaneous costs. retainage only in accordance with the provisions NOW THEREFORE, BE IT RESOLVED BY of Iowa Code Chapter 573. th THE CITY COUNCIL OF THE CITY OF DUBU- Passed, approved and adopted this 6 day of QUE, IOWA: February, 2006. Roy D. Buol, Mayor 24 Regular Session, February 6, 2006 Attest: Jeanne F. Schneider, CMC, City Clerk NOW THEREFORE, BE IT RESOLVED BY Jones moved adoption of the Resolution. THE CITY COUNCIL OF THE CITY OF DUBU- Seconded by Connors. Motion carried 7-0. QUE, IOWA: Section 1. The recommendation of the City RESOLUTION NO. 33-06 Manager is approved and the Project is hereby FINAL ESTIMATE accepted. Whereas, the construction contract for the 6th Section 2. The City Treasurer is hereby & 7th Street Reconstruction and the Washington directed to pay to the contractor from the Fiscal Park Renovation Project, has been completed Year 2006 Sanitary Sewer Construction Fund and the City Engineer has submitted his final appropriation for the contract amount of estimate showing the cost thereof including the $55,270.02 less any retained percentage cost of estimates, notices and inspection and all provided for therein as provided in Iowa Code miscellaneous costs. Chapter 573, and to pay such retainage only in NOW THEREFORE, BE IT RESOLVED BY accordance with the provisions of Iowa Code THE CITY COUNCIL OF THE CITY OF DUBU-Chapter 573. th QUE, IOWA: Passed, approved and adopted this 6 day of Section 1. That the cost of said improvement February, 2006. is hereby determined to be $833,944.27 and the Roy D. Buol, Mayor said amount shall be paid from the Fiscal Year Attest: Jeanne F. Schneider, CMC, City Clerk 2005 Street Construction Fund, Fiscal Year Jones moved adoption of the Resolution. 2005/2006 Washington Park Sidewalks, Fiscal Seconded by Connors. Motion carried 7-0. Year 2006 Washington Park Renovation, Fiscal RESOLUTION NO. 35-06 Year 2006 Water Main Replacement Fund, FINAL ESTIMATE Fiscal Year 2006 Storm Sewer Improvement Fund, Fiscal Year 2006 Street Program Related Whereas, the construction contract for the Sanitary Sewer Improvements, Fiscal Year 2006 Lindberg Terrace and Eagle Street Sanitary Fiber Optic Conduit – Paving Projects, Fiscal Sewer Reconstruction Project, has been com- Year 2006 Signalization Program and cost pleted and the City Engineer has submitted his share on behalf of the Dubuque Museum of Art final estimate showing the cost thereof including for brick paver replacement. the cost of estimates, notices and inspection and th Passed, approved and adopted this 6 day of all miscellaneous costs. February, 2006. NOW THEREFORE, BE IT RESOLVED BY Roy D. Buol, Mayor THE CITY COUNCIL OF THE CITY OF DUBU- Attest: Jeanne F. Schneider, CMC, City Clerk QUE, IOWA: Jones moved adoption of the Resolution. Section 1. That the cost of said improvement Seconded by Connors. Motion carried 7-0. is hereby determined to be $64,417.35 and the said amount shall be paid from the Fiscal Year Eagle Street and Lindberg Terrace Sanitary 2006 Sanitary Sewer Construction Fund of the Sewer Reconstruction Project: City Manager City of Dubuque, Iowa. th recommending acceptance of the Eagle Street Passed, approved and adopted this 6 day of and Lindberg Terrace Sanitary Sewer Recon-February, 2006. struction Project as completed by McDermott Roy D. Buol, Mayor Excavating in the final contract amount of Attest: Jeanne F. Schneider, CMC, City Clerk $55,270.02, presented and read. Jones moved Jones moved adoption of the Resolution. that the communication be received and filed. Seconded by Connors. Motion carried 7-0. Seconded by Connors. Motion carried 7-0. Mediacom: Communication from Kathleen RESOLUTION NO. 34-06 McMullen, Area Manager of Mediacom, advising ACCEPTING THE LINDBERG TERRACE AND of channel changes to be effective February 20, EAGLE STREET SANITARY SEWER RECON- 2006, presented and read. Jones moved that the STRUCTION PROJECT communication be received and filed. Seconded Whereas, the contract for the Lindberg Terrace by Connors. Motion carried 7-0. and Eagle Street Sanitary Sewer Reconstruction Project (the Project) has been completed and Fiscal Year 2006 Annual Action Plan – the City Manager has examined the work and Amendment #3: City Manager recommending filed a certificate stating that the Project has approval of Amendment #3 to the Fiscal Year been completed according to the terms of the 2006 Annual Action Plan for expansion of the contract, plans and specifications and that the Historic Preservation Homeowner Grant Pro- City Manager recommends that the Project be gram to include non-profit organizations provid- accepted. ing residential facilities to HUD income-eligible tenants and communication from the Historic Preservation Commission recommending Regular Session, February 6, 2006 25 approval of a proposed change to the Historic East Central Intergovernmental Association: Preservation Homeowner Grant Program to Communication from Kelley Hutton Deutmeyer, include non-profit organizations providing East Central Intergovernmental Association, residential facilities to HUD income-eligible regarding the Keyline transfer / drop off location tenants and to establish the Historic Preserva-at the Dubuque Kennedy Mall, presented and Housing tion Grant Program, presented and read. Jones moved that the communication be read. Jones moved that the communication be received and filed and referred to the City received and filed. Seconded by Connors. Manager. Seconded by Connors. Motion carried Motion carried 7-0. 7-0. RESOLUTION NO. 36-06 Downtown Dubuque Design Guidelines: City APPROVING THE FISCAL YEAR 2006 (PRO- Manager recommending approval of a Historic GRAM YEAR 2005) ANNUAL PLAN - Resource Development Program (HRDP) Grant AMENDMENT 3 FOR COMMUNITY DEVEL- Application in the amount of $13,000 for phase OPMENT BLOCK GRANT (CDBG) FUNDS. one of development of the Downtown Dubuque Whereas, the City of Dubuque prepared and Design Guidelines Manual, a goal of the 2004 filed a Fiscal Year 2006 Annual Action Plan; and Downtown Dubuque Master Plan, presented and Whereas, the City of Dubuque now desires to read. Jones moved that the communication be amend said FY 2006 Annual Action Plan by received and filed. Seconded by Connors. expanding the eligible applicants for the Historic Motion carried 7-0. Preservation Homeowner Grant Program, and RESOLUTION NO. 37-06 Whereas, said amendment is a substantial APPROVING THE SUBMITTAL OF AN AP- amendment as provided in the City's Citizen PLICATION FOR HISTORIC RESOURCE Participation Plan and must therefore be ap- DEVELOPMENT PROGRAM (HRDP) GRANT proved by resolution of the City Council after a FUNDS TO THE STATE HISTORICAL SOCIE- public hearing by the Community Development TY OF IOWA FOR DOWNTOWN DUBUQUE Advisory Commission; and DESIGN GUIDELINES: PHASE 1 (STREETS- Whereas, the City advertised the public CAPE / LANDSCAPE GUIDELINES) comment period beginning December 8, 2005; and Whereas, the State Historical Society of Iowa Whereas, the Community Development has Historic Resource Development Program Advisory Commission reviewed the proposed (HRDP) grant funds available for the preserva- amendment at a public hearing onJanuary 11, tion and interpretation of Iowa’s historic and 2006, and has voted to approve said amend-cultural resources; and ment and to recommend approval by the City Whereas, the City of Dubuque has an adopted Council. Comprehensive Plan with goals and objectives NOW THEREFORE, BE IT RESOLVED BY for the preservation and interpretation of the THE CITY COUNCIL OF THE CITY OF DUBU-community’s historic and cultural resources; and QUE, IOWA: Whereas, the City of Dubuque has adopted Section 1. That said Fiscal Year 2006 (Pro-the Downtown Dubuque Master Plan and gram Year 2005) Annual Plan - Amendment 3 implementation of the plan includes the creation as shown in the attached Exhibit A is hereby of design guidelines for the downtown. approved. NOW THEREFORE, BE IT RESOLVED BY Section 2. That the City Manager is hereby THE CITY COUNCIL OF THE CITY OF DUBU- authorized and directed to submit a copy of this QUE, IOWA: resolution to the U. S. Department of Housing Section 1. That the Planning Services Manag- and Urban Development. er is authorized to sign and submit this applica- Passed, approved and adopted this 6th day of tion to the State Historical Society of Iowa for February, 2006. HRDP Funds for the Downtown Dubuque Roy D. Buol, Mayor Design Guidelines: Phase 1 (Streets- Attest: Jeanne F. Schneider, City Clerk cape/Landscape Guidelines). Jones moved adoption of the Resolution. Section 2. That the City of Dubuque agrees to Seconded by Connors. Motion carried 7-0. abide by all local, state and federal requirements applicable to the proposed budget. Dubuque Area Chamber of Commerce: Passed, approved and adopted this 6th day of Communication from Steward Sandstrom, February 2006. President and CEO of the Dubuque Area Roy D. Buol, Mayor Chamber of Commerce, regarding the River Attest: Jeanne F. Schneider, City Clerk Pointe Condominium Project, presented and Jones moved adoption of the Resolution. read. Jones moved that the communication be Seconded by Connors. Motion carried 7-0. received and filed. Seconded by Connors. Motion carried 7-0. White Water Creek Bridge: City Manager recommending approval of a new site for the 26 Regular Session, February 6, 2006 White Water Creek Bridge at the Bergfeld ment of the Envision 2010 Steering Committee, Recreation Area, presented and read. Jones the sponsors, and the many volunteers for their moved that the communication be received and efforts to successfully engage citizens in the filed and approved recommendation. Seconded community visioning process, presented and by Connors. Motion carried 7-0. read. Jones moved that the communication be received and filed. Seconded by Connors. Citizen Communication: Communication from Motion carried 7-0. Sister Margaret Ann Willging regarding the possibility of a Wal-Mart at the site of the former Job Access Contract: City Manager recom- meat packing plant, presented and read. Jones mending approval of a contract with A-OK moved that the communication be received and Yellow Cab Company for the purpose of provid- filed. Seconded by Connors. Motion carried 7-0. ing evening, weekend, and peak time transpor- tation service to Area Residential Care using Comprehensive Plan Update: Communication Job Access Reverse Commute (JARC) funding, from the Long Range Planning Advisory Com-presented and read. Michalski moved that the mission submitting the proposed schedule for communication be received and filed and the 2006 update of the Dubuque Comprehen-approved recommendation. Seconded by Cline. sive Plan, presented and read. Jones moved Motion carried 7-0. that the communication be received and filed. Seconded by Connors. Motion carried 7-0. Railroad Revolving Loan and Grant Program: City Manager recommending approval of an Request for Proposals (RFP) for Professional application in the amount of $750,000 to the Auditing Services: City Manager recommending Iowa Department of Transportation for the approval of the issuance of a Request for construction of a railroad lead line and spur in Proposals for professional auditing services for the Dubuque Industrial Center West, presented fiscal years ending June 30, 2006 through June and read. Jones moved that the communication 30, 2010, presented and read. Jones moved that be received and filed. Seconded by Connors. the communication be received and filed. Motion carried 7-0. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 38-06 AUTHORIZING THE FILING OF AN APPLICA- U.S. Department of Housing and Urban TION TO THE IOWA DEPARTMENT OF Development: Communication from the U.S. TRANSPORTATION Department of Housing and Urban Development (HUD) advising that the City’s Fiscal Year 2006 Whereas, the City Council of Dubuque, Iowa allocation for the Community Development Block has identified the construction of a rail lead line Grant Program is $1,256,479, presented and and spur in the Dubuque Industrial Center West read. Jones moved that the communication be as a top priority, and received and filed. Seconded by Connors. Whereas, the Iowa Department of Transporta- Motion carried 7-0. tion has funding available through the Railroad Revolving Loan and Grant Program to assist National League of Cities Legal Defense: City with Industrial rail projects and, Manager recommending approval of the contri- Whereas, an application has been prepared bution of $198 to the National League of Cities for Railroad Revolving Loan and Grant Program (NLC) Legal Defense Fund, presented and read. funding in the amount of $750,000. Jones moved that the communication be re- NOW, THEREFORE, BE IT RESOLVED BY ceived and filed and approved recommendation. THE CITY COUNCIL OF THE CITY OF DUBU- Seconded by Connors. Motion carried 7-0. QUE, IOWA: Section 1. That the submittal of an application Ice Harbor Marina Grant: City Manager re-for a $400,000 grant and a $350,000 loan from commending approval of a revised project scope the Railroad Revolving Loan and Grant Program for the Iowa Department of Natural Resources to fund the Dubuque Industrial Center West rail (IDNR) Boating Infrastructure Grant for the Ice lead line and spur project is hereby approved. Harbor Marina Project to provide for the con- Section 2. That the Mayor is hereby authorized struction of eight transient slips in the Ice Har-to execute, and the City Manager is hereby bor, presented and read. Jones moved that the directed to submit said application to the Iowa communication be received and filed and Department of Transportation, together with approved recommendation. Seconded by other attachments as may be required. Connors. Motion carried 7-0. Passed, approved, and adopted this 6th day of February. Long Range Planning Advisory Commission: Roy D. Buol, Mayor Communication from the Long Range Planning Attest: Jeanne F. Schneider, City Clerk Advisory Commission recognizing the commit- Regular Session, February 6, 2006 27 Jones moved adoption of the Resolution. Justice Assistance Grant: City Manager Seconded by Connors. Motion carried 7-0. recommending approval of the submission of the 2006 Justice Assistance Grant (JAG) application 409 Burch Street (Tabled on January 3, 2006): to the U.S. Department of Justice Programs in City Manager submitting an update on the the amount of $29,008, presented and read. property located at 409 Burch Street and re-Jones moved that the communication be re- commending that due to the weather this item ceived and filed and approved recommendation. be re-tabled to May 15, 2006, presented and Seconded by Connors. Motion carried 7-0. read. Jones moved to receive and file the communication and table to the 5/15/06 meet- Request for Extension – Vision Iowa: City ing. Seconded by Connors. Motion carried 7-0. Manager submitting a letter to the Vision Iowa Board providing an update on several projects International Institute of Municipal Clerks: and requesting an extension on three projects, Notification from the International Institute of presented and read. Jones moved that the Municipal Clerks that City Clerk Jeanne communication be received and filed and Schneider has been recertified through 2009, approved letter. Seconded by Connors. Motion presented and read. Jones moved that the carried 7-0. communication be received and filed. Seconded by Connors. Motion carried 7-0. 2006 State Legislative Issues: City Manager recommending approval of an amendment to the Tobacco Compliance – Civil Penalties for 2006 State Legislative Issues to include lan- Tobacco Permit Holders: City Manager recom-guage requesting that the Code of Iowa be mending acceptance and approval of Acknowl-amended to clarify that a franchise fee may be edgement/Settlement Agreements for Econo-based on the gross revenue from the sale of the foods, Dempsey’s and Molly’s Pub, Kwik Stop, utility’s product and that the fees that have been and Puff-N-Snuff and assessment of a $300 collected under franchise agreements were penalty for their first tobacco compliance viola-legal, presented and read. Jones moved that the tions and acceptance of the Acknowledgement / communication be received and filed and Settlement Agreements for Ron’s Discount approved recommendation. Seconded by Smokes and Hartig Drug Company and as-Connors. Motion carried 7-0. sessment of a $1,500 penalty for their second tobacco compliance violations, presented and Quarterly Investment Report: City Manager read. Jones moved that the communication be submitting the December 31, 2005 Quarterly received and filed and approved recommenda-Investment Report, presented and read. Jones tion. Seconded by Connors. Motion carried 7-0. moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. PEG Access Capital Grant Expenditure: City Manager recommending approval for funding in University Avenue Embankment Failure: City the amount of $36,800 for the Capital Grant for Manager approval to request consideration for Access Equipment and Facilities, presented and Federal Emergency Relief Funding to complete read. Jones moved that the communication be permanent repair work for the University Avenue received and filed and approved recommenda-Embankment Failure project, presented and tion. Seconded by Connors. Motion carried 7-0. read. Jones moved that the communication be received and filed and approved recommenda- Franchise Fee Amicus Brief: Corporation tion. Seconded by Connors. Motion carried 7-0. th Counsel recommending approval of the expendi- Residential Parking Permit District – West 16 ture of approximately $3,000 for preparation of Street / Catherine Street: City Manager recom- th an amicus brief to the Iowa Supreme Court on mending that a request to add West 16 Street behalf of the cities in Iowa with franchise fees, and Catherine Street to Residential Parking presented and read. Jones moved that the Permit District “G” be denied, presented and communication be received and filed and read. Jones moved that the communication be approved recommendation. Seconded by received and filed and approved recommenda- Connors. Motion carried 7-0. tion. Seconded by Connors. Motion carried 7-0. Alcoholic Beverages Division: Communication U.S. Department of Housing and Urban from Lynn M. Walding, Administrator of the Development: Communication from the Depart- Alcoholic Beverages Division, advising that they ment of Housing and Urban Development have denied the liquor license application for the regarding the City’s recent audit report, pre- Water Hole, presented and read. Jones moved sented and read. Jones moved that the commu- that the communication be received and filed. nication be received and filed. Seconded by Seconded by Connors. Motion carried 7-0. Connors. Motion carried 7-0. 28 Regular Session, February 6, 2006 3-M Development, Ltd.: Communication from Hy-Vee Inc., Hy-Vee # 2+, (Sunday Sale), David L. Clemens, representing 3-M Develop-2395 NW Arterial ment, Ltd., requesting that the City Council’s Nash Finch Company, Econo Foods # 471+ action to delay the development of the Dubuque (Sunday Sale), 3355 JFK Rd. Brewing and Malting Company Building be Lee W. Potter Sr.., Lee’s 76/West Locust rescinded immediately, presented and read. Mart+ (Sunday Sale), 408 W. Locust St. Jones moved that the communication be re-Hill Street Plaza Inc., Oky Doky # 8+ (Sun- ceived and filed. Seconded by Connors. Motion day Sale), 535 Hill St. carried 7-0. Passed, approved and adopted this 6th day of February, 2006. Dubuque Comprehensive Plan: Communica-Roy D. Buol, Mayor tion from Lou Oswald regarding the Dubuque Attest: Jeanne F. Schneider, CMC, City Clerk Comprehensive Plan, presented and read. Jones moved adoption of the Resolution. Jones moved that the communication be re-Seconded by Connors. Motion carried 7-0. ceived and filed. Seconded by Connors. Motion RESOLUTION NO. 40-06 carried 7-0. Whereas, applications for Liquor Licenses ConAgra Foods: City Manager recommending have been submitted to this Council for approval approval of a request from ConAgra Foods to and the same have been examined and ap- construct a third storage tank on property leased proved; and from the City subject to two conditions, pre- Whereas, the premises to be occupied by such sented and read. Jones moved that the commu-applicants were inspected and found to comply nication be received and filed and approved with the State Laws and all City Ordinances recommendation. Seconded by Connors. Motion relevant thereto and they have filed proper carried 7-0. bonds. NOW, THEREFORE, BE IT RESOLVED BY National Community Development Association THE CITY COUNCIL OF THE CITY OF DUBU- Conference: Communication from Housing and QUE, IOWA: Community Development Director David Harris That the Manager be authorized to cause to be that Aggie Tauke attended the National Com-issued the following named applicants a Liquor munity Development Association (NCDA) Winter License. Conference, presented and read. Jones moved CLASS “C” BEER/LIQUOR LICENSE that the communication be received and filed. The Apartment, LTD., Dubuque Mining + (Sun- Seconded by Connors. Motion carried 7-0. day/Outdoor Sale), 555 JFK Rd Hammerheads, Inc., Hammerheads Dubuque County Historical Society: City Bar/Billiards+(Sunday Sale), 2095 Kerper Blvd Manager submitting a letter to Jerry Enzler, James Goetz’s, Goetz’s+, (Sunday Sale), 2776 Dubuque County Historical Society, in support of Jackson St. an application to the Iowa Department of Cultur-Charles Steffen, Tony’s Place+, (Sunday Sale), al Affairs, presented and read. Jones moved that 1701 Central Ave. the communication be received and filed. Pusateri Enterprises, Pusateris+, (Sunday Sale), Seconded by Connors. Motion carried 7-0. 2400 Central Ave. Business Licenses: CLASS “B” WINE Nash Finch Company, Econo Foods # 471, RESOLUTION NO. 39-06 3355 JFK Rd. Whereas, applications for Beer Permits have Hartig Drug Company, Hartig Drug # 4, 2225 been submitted and filed to this Council for Central Ave. approval and the same have been examined Hy-Vee Inc., Hy-Vee # 2, 2395 NW Arterial and approved: and CLASS “B” NATIVE WINE Whereas, the premises to be occupied by such Hy-Vee, Inc. , Hy-Vee Gas # 2, 2435 NW applicants were inspected and found to comply Arterial with the Ordinances of the City and have filed Passed, approved and adopted this 6th day of proper bonds. February, 2006. NOW, THEREFORE, BE IT RESOLVED BY Roy D. Buol, Mayor THE CITY COUNCIL OF THE CITY OF DUBU-Attest: Jeanne F. Schneider, CMC, City Clerk QUE, IOWA: That the Manager be authorized to cause to be Jones moved adoption of the Resolution. issued the following named applicants a Beer Seconded by Connors. Motion carried 7-0. Permit. CLASS “C” BEER PERMIT Hartig Drug Company, Hartig Drug # 4+ (Sunday Sale), 2225 Central Ave. Regular Session, February 6, 2006 29 ITEM TO BE SET FOR PUBLIC HEARING public hearing and adoption of the Fiscal Year 2007 budget for the City of Dubuque. Fiscal Year 2007 Operating Budget: City NOW THEREFORE, BE IT RESOLVED BY Manager recommending that a public hearing be THE CITY COUNCIL OF THE CITY OF DUBU- set for Thursday, March 2, 2006 to consider QUE, IOWA: adoption of the Fiscal Year 2007 Operating Section 1. That the City Council shall conduct Budget and Capital Improvement Program, a public hearing on the five-year Capital Im- presented and read. Jones moved that the provement Program for Fiscal Years 2007 communication be received and filed. Seconded through 2011 at the Carnegie Stout Public by Connors. Motion carried 7-0. Library Auditorium, 360 West 11th Street, Dubuque, Iowa, on Thursday, March 2, 2006, RESOLUTION NO. 41-06 beginning at 6:30 p.m. SETTING THE DATE FOR THE PUBLIC Section 2. That the City Clerk be and is hereby HEARING ON THE FISCAL YEAR 2007 authorized and directed to publish notice of the BUDGET FOR THE CITY OF DUBUQUE public hearing. Whereas, Iowa Code Section 384.16 provides Passed, approved and adopted this 6th day of that the City Council shall set a time and place February, 2006. for a public hearing on the Fiscal Year 2007 Roy D. Buol, Mayor budget before the final budget certification date Attest: Jeanne F. Schneider, City Clerk and shall publish notice before the hearing as Michalski moved adoption of the Resolution provided in Iowa Code Section 362.3. setting Public Hearing for 3/2/06 at a meeting to NOW THEREFORE, BE IT RESOLVED BY commence at 6:30 P.M. in the public library THE CITY COUNCIL OF THE CITY OF DUBU-auditorium and that the City Clerk publish notice QUE, IOWA: in the manner required by law. Seconded by Section 1. That the City Council shall conduct Cline. Motion carried 7-0. a public hearing on the proposed Fiscal Year BOARDS/COMMISSIONS 2007 budget for the City of Dubuque at the Carnegie Stout Public Library Auditorium, 360 West 11th Street, Dubuque, Iowa, on Thursday, Applicants are invited to address the Council March 2, 2006, beginning at 6:30 p.m. regarding their desire to serve on the following Section 2. That the City Clerk be and is hereby Commission: Airport Commission (One four-year authorized and directed to publish notice of the term through 9/14/10) Applicants: Charles public hearing, according to law, together with Dauod, J.K. Hanson III, Dan Nicholson the required budget information. Charles Dauod spoke requesting consideration Passed, approved and adopted this 6th day of for appointment. February, 2006. PUBLIC HEARINGS Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution Michalski moved that the rules be suspended setting Public Hearing for 3/2/06 at a meeting to to allow anyone present to address the Council. commence at 6:30 P.M. in the public library Seconded by Cline. Motion carried 7-0. auditorium and that the City Clerk publish notice in the manner required by law. Seconded by Garfield Place Urban Revitalization Area: Cline. Motion carried 7-0. Proof of publication on notice of hearing to consider approval of an amended and restated RESOLUTION NO. 42-06 Garfield Place Urban Revitalization Area to add SETTING THE DATE FOR THE PUBLIC two adjoining lots for a proposed 12-room HEARING ON THE FIVE-YEAR CAPITAL single-room occupancy facility at 601 Garfield IMPROVEMENT PROGRAM FOR FISCAL Avenue and to extend the duration of the plan YEARS 2007 THROUGH 2011 FOR THE CITY and City Manager recommending approval, OF DUBUQUE presented and read. Connors moved that the Whereas, a proposed Five-Year Capital proof and communication be received and filed. Improvement Program for the City of Dubuque Seconded by Lynch. Motion carried 7-0. for Fiscal Years 2007 through 2011 has been Communication from the Long Range Planning prepared and submitted to the City Council; and Advisory Commission recommending expansion Whereas, the capital projects for the first year of the Garfield Place Urban Revitalization of the program are included in the Fiscal Year District, presented and read. Connors moved 2007 budget for the City of Dubuque; and that the communication be received and filed. Whereas, it is deemed to be in the best Seconded by Lynch. Motion carried 7-0. interest of the City of Dubuque to conduct a Request of Ted Stackis that his property at public hearing and adopt the five-year Capital 525/527 Garfield not be included in the Urban Improvement Program simultaneously with the Revitalization Area, presented and read. Con- nors moved that the communication be received 30 Regular Session, February 6, 2006 and filed. Seconded by Lynch. Motion carried 7- Passed, approved and adopted this 6th day of 0. February, 2006. An Ordinance Establishing the Amended and Roy D. Buol, Mayor Restated Garfield Place Urban Revitalization Attest: Jeanne F. Schneider, City Clerk Area as an Urban Revitalization Area pursuant Cline moved adoption of the Resolution. to Chapter 404 of the Code of Iowa, presented Seconded by Connors. Motion carried 7-0. and read. Michalski moved to table action on this Ordinance, and create a new Ordinance. Connors moved that the rules be reinstated Seconded by Cline. Motion carried 7-0. limiting discussion to the Council. Seconded by Cline. Motion carried 7-0. Dubuque County Historical Society Lease ACTION ITEMS Agreement: Proof of publication on notice of hearing to consider disposing of real property by lease to the Dubuque County Historical Society Assistant City Attorney: Corporation Counsel and City Manager recommending approval, recommending approval of the selection of presented and read. Cline moved that the Crenna Brumwell as the Assistant City Attorney, communication be received and filed. Seconded effective March 20, 2006, presented and read. by Connors. Motion carried 7-0. Cline moved that the communication be re- Jerry Enzler of the National Mississippi River ceived and filed. Seconded by Connors. Motion Museum spoke in appreciation of this action. carried 7-0. Lindahl introduced Brumwell to the City RESOLUTION NO. 43-06 Council and expressed appreciation to retiring DISPOSING OF AN INTEREST IN REAL Assistant City Attorney Bill Blum for his thirty- PROPERTY BY LEASE AGREEMENT TO THE three years of service. DUBUQUE COUNTY HISTORICAL SOCIETY RESOLUTION NO. 44-06 WHEREAS, the City of Dubuque, Iowa (City) is APPROVING THE APPOINTMENT OF CREN- the owner of the real property legally described NA M. BRUMWELL AS ASSISTANT CITY as: ATTORNEY FOR THE CITY OF DUBUQUE Lot 1, in Adam’s Company’s 2nd Addition in the City of Dubuque, Iowa; and Whereas, City Solicitor William G. Blum has WHEREAS, the Dubuque County Historical announced his retirement effective April 14, Society desires to lease the Premises for the 2006 after honorably serving as legal counsel for purpose of creating an expansion of the National the City of Dubuque for thirty-two years; and Mississippi River Museum & Aquarium including Whereas, City Attorney Barry A. Lindahl has a new museum which would be a compliment to recommended that his appointment of Crenna the existing National Mississippi River Museum M. Brumwell as Assistant City Attorney be & Aquarium and for such other purposes as approved by the City Council. described in the proposal for a Development NOW, THEREFORE, BE IT RESOLVED BY Agreement Leading to a Lease between the City THE CITY COUNCIL OF THE CITY OF DUBU- of Dubuque and the Dubuque County Historical QUE, IOWA: Society For Adaptive Reuse of the Adams The appointment of Crenna M. Brumwell as Company Building and Site; and Assistant City Attorney for the City of Dubuque WHEREAS, the City Council has held a public effective March 20, 2006 is hereby approved. hearing on the City’s intent to dispose of the Passed, approved and adopted this 6th day of foregoing-described City Property on the 6th day February, 2006. of February, 2006, pursuant to notice as re-Roy D. Buol, Mayor quired by law, and following the public hearing Attest: Jeanne F. Schneider, City Clerk overruled all objections thereto. Cline moved adoption of the Resolution. NOW, THEREFORE, BE IT RESOLVED BY Seconded by Connors. Motion carried 7-0. THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Human Rights Ordinance: Communication Section 1. The City Council of the City of from Judy Haley Giesen, Chair of the Dubuque Dubuque, Iowa, hereby approves the Lease Human Rights Commission, recommending Agreement with Dubuque County Historical adoption of an amendment to the Human Rights Society, a copy of which is attached hereto, for Ordinance to add sexual orientation to the the above-described City Property. ordinance and to include an exemption for Section 2. The Mayor is hereby authorized and religious educational institutions in employment, directed to sign the Lease Agreement on behalf presented and read. Braig moved that the of the City of Dubuque. communication be received and filed. Seconded Section 3. The City Clerk is hereby authorized by Jones. Motion carried 6-1 with Cline voting and directed to record this Resolution with the Nay. Dubuque County Recorder. Regular Session, February 6, 2006 31 An Ordinance Amending Chapter 27, Human manager, or superintendent of any public Relations, of the City of Dubuque Code of accommodation or any agent or employee Ordinances by adding two new paragraphs to thereof: Section 27-1 defining “Sexual Orientation” and (1) To refuse or deny to any person because defining “Religious Education Institution” and of race, creed, color, sex, age, national origin, amending Sections 27-51(2), 27-61(1)-(2), 27-religion or sexual orientation the accommoda- 71(1)-(3), 27-72, 27-91(1)-(3), 27-131(1)-(5), 27-tions, advantages, facilities, services, or privi- 132(c), 27-133(a), (c), 27-134, and 27-145(1)-(3) leges thereof, or otherwise to discriminate prohibiting discrimination based on “Sexual against any person because of race, creed, Orientation,” presented and read. color, sex, age, national origin, religion, or sexual orientation in the furnishing of such OFFICIAL PUBLICATION accommodations, advantages/facilities, services ORDINANCE NO. 8-06 or privileges. AMENDING CHAPTER 27, HUMAN RELA- (2) To directly or indirectly advertise or in any TIONS, OF THE CITY OF DUBUQUE CODE other manner indicate or publicize that the OF ORDINANCES BY ADDING TWO NEW patronage of persons of any particular race, PARAGRAPHS TO SECTION 27-1 DEFINING creed, color, sex, age, national origin, religion or “SEXUAL ORIENTATION” AND DEFINING sexual orientation is unwelcome, objectionable, “RELIGIOUS EDUCATIONAL INSTITUTION,” not acceptable, or not solicited. AND AMENDING SECTIONS 27-51(2), 27- Section 4. Sec. 27-71 of the City of Dubuque 61(1)-(2), 27-71(1)-(3), 27-72, 27-91(1)-(3), 27- Code of Ordinances is hereby amended to read 101, 27-131(1)-(5), 27-132(c), 27-133(a), (c), as follows: 27-134, AND 27-145(1)-(3) PROHIBITING Sec. 27-71. Prohibited Practices: DISCRIMINATION BASED ON “SEXUAL It shall be an unfair or discriminatory practice ORIENTATION.” for any: NOW, THEREFORE, BE IT ORDAINED BY (1) Person to refuse to hire, accept, register, THE CITY COUNCIL OF THE CITY OF DUBU-classify, or refer for employment, to discharge QUE, IOWA: any employee, or to otherwise discriminate in Section 1. Sec. 27-1 of the Dubuque Code of employment against any applicant for employ- Ordinances is hereby amended by adding the ment or any employee because of the race, following definitions: creed, color, sex, age, national origin, religion or Sec. 27-1. Definitions: sexual orientation of such applicant or em- Religious Educational Institution: any pre-ployee, unless based upon the nature of the school, elementary, secondary, or postsecon-occupation. dary college or university which is operated, (2) Labor organizations or the employees, supervised, controlled or sustained primarily by agents, or members thereof to refuse to admit to a religious organization. membership any applicant, to expel any mem- Sexual Orientation: a person’s actual, history ber, or to otherwise discriminate against any of, or perceived heterosexuality, homosexuality, applicant for membership or any member in the or bisexuality, but not including participation in privileges, rights, or benefits of such member- conduct that is prohibited by law. ship because of the race, creed, color, sex, age, Section 2. Sec. 27-51(2) of the City of Dubu-national origin religion or sexual orientation of que Code of Ordinances is hereby amended to such applicant or member. read as follows: (3) Employer, employment agency, labor Sec. 27-51. Aiding Or Abetting: organization, or the employees, agents, or It shall be an unfair or discriminatory practice members thereof, to directly or indirectly adver- for: tise or in any other manner indicate or publicize .(2) Any person to discriminate against another that individuals of any particular race, creed, person in any of the rights protected against color, sex, age, national origin, religion or sexual discrimination on the basis of race, creed, color, orientation are unwelcome, objectionable, not sex, national origin, familial status, religion, age, acceptable, or not solicited for employment or disability, marital status or sexual orientation by membership, unless based upon the nature of this Article because such person has lawfully the occupation. opposed any practice forbidden under this Section 5. Sec. 27-72 of the City of Dubuque Article, obeys the provisions of this Article, or Code of Ordinances is hereby amended by has filed a complaint, testified or assisted in any adding the following: proceeding under this Chapter. Sec. 27-72. Exemptions From Division: Section 3. Sec. 27-61 of the City of Dubuque The prohibition by this division of discrimina- Code of Ordinances is hereby amended to read tion based on sexual orientation shall not apply as follows: to any bona fide religious educational institution Sec. 27-61. Prohibited Practices: with respect to any qualifications for employment It shall be an unfair or discriminatory practice by such institution. for any owner, lessee, sublessee, proprietor, 32 Regular Session, February 6, 2006 Section 6. Sec. 27-91 of the City of Dubuque secondary, or merged area school, area educa- Code of Ordinances is hereby amended to read tion agency, postsecondary college or university as follows: and their governing boards. This Section does Sec. 27-91. Prohibited Practices; Exception: not prohibit an educational institution from It shall be an unfair or discriminatory practice maintaining separate toilet facilities, locker for any: rooms or living facilities for the different sexes so (1) Creditor to refuse to enter into a consumer long as comparable facilities are provided. credit transaction or impose finance charges or Nothing in the Section shall be construed as other terms or conditions more onerous than prohibiting any bona fide religious institution those regularly extended by that creditor to from imposing qualifications based on religion consumers of similar economic backgrounds when such qualifications are related to a bona and current situations because of age, color, fide religious purpose or any institution from creed, national origin, race, religion, marital admitting students of only one sex. status, sex, physical disability or sexual orienta- Section 8. Sec. 27-131 of the City of Dubuque tion. Code of Ordinances is hereby amended to read (2) Person authorized or licensed to do busi-as follows: ness in this State pursuant to chapters 524, 533, Sec. 27-131. Prohibitions. 534, 536 or 536A of the Code of Iowa to refuse It shall be unlawful: to loan or extend to persons of similar economic (1) To refuse to sell or rent after the making of backgrounds because of age, color, creed, a bona fide offer, or to refuse to negotiate for the national origin, race, religion, marital status, sex, sale or rental of, or otherwise make unavailable physical disability or sexual orientation. or deny, a dwelling to any person because of (3) Creditor to refuse to offer credit life or race, color, religion, sex, familial status, national health and accident insurance because of color, origin, creed, age, disability or sexual orienta- creed, national origin, race, religion, marital tion. status, age, physical disability, sex or sexual (2) To discriminate against any person in the orientation. Refusal by a creditor to offer credit terms, conditions, or privileges of sale or rental life or health and accident insurance based upon of a dwelling, or in the provisions of services or the age or physical disability of the consumer facilities in connection therewith, because of shall not be an unfair or discriminatory practice if race, color, religion, sex, familial status, national such denial is based solely upon bona fide origin, creed, age, disability or sexual orienta- underwriting considerations not prohibited by the tion. State Code of Iowa or United States Code. (3) To make, print or publish, or cause to be Section 7. Sec. 27-101 of the City of Dubuque made, printed or published any notice, state- Code of Ordinances is hereby amended to read ment or advertisement, with respect to the sale as follows: or rental of a dwelling that indicates any prefe- Sec. 27-101. Prohibited Practices; Exceptions: rence, limitation, or discrimination based on It is an unfair or discriminatory practice for any race, color, religion, sex, familial status, national educational institution to discriminate on the origin, creed, age disability or sexual orientation, basis of race, creed, color, sex, national origin, or an intentional to make any such preference, religion, disability or sexual orientation in any limitation or discrimination. program or activity. Such discriminatory practic- (4) To represent to any person because of es shall include but not be limited to the follow-race, color, religion, sex, familial status, national ing practices: origin, creed, age, disability or sexual orientation (1) Exclusion of a person or persons from that any dwelling is not available for inspection, participation in, denial of the benefits of, or sale or rental when such dwelling is in fact so subject to discrimination in any academic, available. research, occupational training, or other pro- (5) For profit, to induce or attempt to induce gram or activity except athletic programs; any person to sell or rent any dwelling by repre- (2) Denial of comparable opportunity in intra-sentations regarding the entry or prospective mural and interscholastic athletic programs; entry into the neighborhood of a person or (3) Discrimination among persons in employ-disabled persons of a particular race, color, ment and the conditions of employment; religion, sex, familial status, national origin, (4) On the basis of sex, the application of any creed, age, disability or sexual orientation. rule concerning the actual or potential parental, Section 9. Sec. 27-132(c) of the City of Dubu- family or marital status of a person, or the que Code of Ordinances is hereby amended to exclusion of any person from any program or read as follows: activity or employment because of pregnancy or Sec. 27-132. Exemptions. related conditions dependent upon the physi-. (c) Nothing in this article shall prohibit a cian’s diagnosis and certification. religious organization, association, or society or For the purposes of this Section, educational any nonprofit institution or organization operat- institution includes any preschool, elementary, ed, supervised or controlled by or in conjunction Regular Session, February 6, 2006 33 with a religious organization, association or and because such person is or has been selling, society, from limiting the sale, rental or occu-purchasing, renting, financing, occupying, or pancy of dwellings which it owns or operates for contracting or negotiating for the sale, purchase, other than a commercial purpose to persons of rental, financing, or occupation of any dwelling, the same religion, or from giving preference to or applying for or participating in any service, such persons, unless membership in such organization or facility relating to the business of religion is restricted on account of race, color, selling or renting dwellings; or sex, familial status, national origin, creed, age, (2) Any person because such person is or has disability or sexual orientation. Nor shall any-been, or in order to intimidate such person or thing in this article prohibit a private club not in any other person or any class of persons from: fact open to the public, which as an incident to (a) participating, without discrimination on its primary purpose or purposes provides lodg-account of race, color, religion, sex, familial ing which it owns or operates for other occupan-status, national origin, creed, age, disability or cy of such lodging to its members or from giving sexual orientation in the activities, services, preference to its members. organizations or facilities described in subsec- Section 10. Sec. 27-133 of the City of Dubu-tion (a) of this Section; or . . . que Code of Ordinances is hereby amended to (3) Any citizen because such person is or has read as follows: been, or in order to discourage such citizen or Sec. 27-133. Discrimination in residential real any other citizen from lawfully aiding or encour- estate-related transactions. aging other persons to participate, without (a) In general: It shall be unlawful for any discrimination on account of race, color, religion, person or other entity whose business includes sex, familial status, national origin, creed, age, engaging in residential real estate-related disability or sexual orientation in any of the transactions to discriminate against any person activities, services, organizations or facilities in making available such a transaction, or in the described in subsection (a) of this Section, or terms or conditions of such a transaction, participating lawfully in speech or peaceful because of race, color, religion, sex, familial assembly opposing any denial of the opportunity status, national origin, creed, age, disability or to so participate shall be referred to the County sexual orientation. Attorney’s office for prosecution. (c) Appraisal exemption: Nothing in this article Section 13. This Ordinance shall take effect prohibits a person engaged in the business of upon publication. furnishing appraisals of real property to take into Passed, approved and adopted this 6th day of consideration factors other than race, color, February, 2006. religion, sex, familial status, national origin, Roy D. Buol, Mayor creed, age, disability or sexual orientation. Attest: Jeanne F. Schneider, City Clerk Section 11. Sec. 27-134 of the City of Dubu- Published officially in the Telegraph Herald que Code of Ordinances is hereby amended to newspaper this 10th day of February, 2006. read as follows: Jeanne F. Schneider, City Clerk Sec. 27-134. Discrimination in provision of 1t 2/10 brokerage services. Braig moved that the requirement that a It shall be unlawful to deny to any person proposed Ordinance be considered and voted access to or membership or participation in any on for passage at two Council Meetings prior to multiple listing services, real estate brokers’ the meeting at which it is to be finally passed be organization or other service, organization or suspended. Seconded by Jones. Motion carried facility relating to the business of selling or 6-1 with Cline voting Nay. Braig moved final renting dwellings, or to discriminate against such consideration and passage of the Ordinance. person in the terms or conditions of such Seconded by Jones. Motion carried 6-1 with access, membership or participation, on account Cline voting Nay. of race, color, religion, sex, familial status, national origin, creed, age, disability or sexual Storage Container Ordinance: City Manager orientation. recommending approval of an ordinance to allow Section 12. Sec. 27-145 of the City of Dubu-for the permitting and use of exterior storage que Code of Ordinances is hereby amended to containers and trailers; Communication from read as follows: Steward Sandstrom requesting to address the Sec. 27-145. Violations; Bodily Injury; Death; City Council regarding the proposal to regulate Penalties: exterior storage containers; Communication Whoever whether or not acting under color of from Michael J. Coyle, representing Bill and law, by force or threat of force willfully injures, Carol Denlinger, requesting to address the City intimidates or interferes with, or attempts to Council regarding the proposed ordinance, injure, intimidate or interfere with: presented and read. Connors moved that the (1) Any person because of such person’s communications be received and filed. race, color, religion, sex, familial status, national Seconded by Michalski. Yeas—Buol, Connors, origin, creed, age, disability or sexual orientation Jones, Michalski. Nays—Braig, Cline, Lynch. 34 Regular Session, February 6, 2006 Steward Sandstrom, President of the Dubuque the communication be received and filed and Chamber of Commerce, spoke urging opposition approved recommendation. Seconded by Cline. to the proposed Ordinance as it is unenforceable Motion carried 7-0. and can be addressed through existing Ordin- ances. Unified Development Code: City Manager Attorney Mike Coyle, representing Bill and recommending approval of terminating the Carol Denlinger, spoke urging a “No” vote. contract with Lane Kendig, Inc. for creation of a An Ordinance Amending Chapter 11 Building Unified Development Code and the drafting of a and Building Regulations of the City of Dubuque new Request for 1Proposals, presented and Code of Ordinances by adopting a new Article read. Connors moved that the communication VII. Exterior Storage Containers and Storage be received and filed and approved recommen- Trailers establishing requirements for the use of dation. Seconded by Jones. Motion carried 7-0. exterior storage containers and storage trailers, presented and read. Federal Building Application: City Manager Council discussed the various aspects of the recommending approval of the submission of an proposed Ordinance including whether the same application to the Federal Parks Service and objective could be accomplished with current GSA for conveyance of the Federal Building to laws. Staff explained part of the purpose was to the City, presented and read. Connors moved centralize enforcement and to have site plans that the communication be received and filed. available to know what is in the various contain-Seconded by Jones. Motion carried 7-0. ers. RESOLUTION NO. 45-06 Connors moved that the requirement that a AUTHORIZING APPLICATION TO THE GEN- proposed Ordinance be considered and voted ERAL SERVICES ADMINISTRATION FOR on for passage at two Council Meetings prior to HISTORIC MONUMENT CONVEYANCE OF the meeting at which it is to be finally passed be THE FEDERAL BUILDING TO THE CITY OF suspended. Seconded by Michalski. Motion DUBUQUE. failed due to lack of a three-fourths vote: Yeas— Buol, Connors, Jones, Michalski. Nays—Braig, Whereas, certain real property owned by the Cline, Lynch. United States, located in the County of Dubu- Connors moved that this be considered the que, State of Iowa, has been declared surplus first reading of the Ordinance and directed that and at the discretion of the Administrator of one year from the effective date of the Ordin-General Services, may be conveyed for historic ance the committee be reconvened to evaluate monument purposes to a State, political subdivi- the effectiveness of the Ordinance. Seconded by sion, instrumentalities thereof, or municipality, Michalski. Carried by the following vote: Yeas—under the provisions of Section 203(k)(3) of the Buol, Connors, Jones, Michalski. Nays—Braig, Federal Property and Administrative Services Cline, Lynch. Act of 1949, as amended [40 U.S.C. 484(k)(3)], and rules and regulations promulgated pursuant Arbor Estates Phase III Lift Station: City thereto, more particularly described as follows: Manager recommending that any action to Federal Building, acquire an easement for the proposed lift station 350 W. 6th Street, Dubuque, Iowa on property owned by John P. and Pamela J. 1.09 acres Gartner be postponed to a later date as staff GSA Control Number 7-G-IA-0495-1 intends to approve the installation of a lift station Whereas, the City of Dubuque needs and will in the Arbor Estates Subdivision; Communica-utilize said property in perpetuity for historic tion from Davin C. Curtiss requesting to address monument purposes as set forth in its applica- the City Council on behalf of the Forest Grange tion and in accordance with the requirements of Property Owner’s Association, regarding the said Act and the rules and regulations promul- proposed placement of a lift station on Associa-gated thereunder; and tion property and two letters regarding the issue, Whereas, the City of Dubuque is authorized, presented and read. Michalski moved that the willing and able to conduct compatible revenue- communication be received and filed and producing activities, and that regardless of any recommendation approved. Seconded by revenues derived from such activities, is finan- Connors. Motion carried 7-0. cially able to utilize said property for historic monument purposes as set forth in its Program Sexual Offender Residency Restrictions: City of Preservation and Utilization and in accor- Manager recommending that the City of Dubu-dance with the requirements of said Act and que monitor the current restrictions and any regulations and procedures promulgated the- upcoming actions by the State of Iowa Legisla-reunder; and ture and to not create a local ordinance at this Whereas, the City of Dubuque agrees that any time regarding sexual offender residency restric-income in excess of costs of repair, rehabilita- tions, presented and read. Michalski moved that tion, restoration and maintenance shall be used Regular Session, February 6, 2006 35 by the City of Dubuque only for public historic Cities, presented and read. Cline moved that the preservation purposes as enunciated in its communication be received and filed and Program of Preservation and Utilization; congratulated Council Member Michalski. Now, Therefore, Be It Resolved by the City Seconded by Braig. Motion carried 7-0. Council of Dubuque, Iowa, that the City of Dubuque shall make application to the Adminis- Convention and Visitors Bureau: City Manager trator of General Services for and secure the recommending that a work session be sche- transfer to it of the above-mentioned property for duled for Monday, February 20, 2006 regarding said use upon and subject to such exceptions, the Dubuque Area Chamber of Commerce reservation, terms, covenants, agreements, Convention and Visitors Bureau three year plan conditions, and restrictions as the Secretary of and budget, presented and read. Michalski the Interior, and the Administrator of General moved that the communication be received and Services, or their authorized representatives, filed and approved recommendation. Seconded may require in connection with the disposal of by Cline. Motion carried 7-0. said property under said Act and the rules and regulations issued pursuant thereto; and Be It Long Range Planning Advisory Commission: Further Resolved that the City of Dubuque has Corporation Counsel submitting an ordinance legal authority, is willing, and is in a position to deleting the requirement of an alternate City assume immediate care and maintenance of the Council Member appointment to the Long Range property, and that Michael C. Van Milligen, City Planning Advisory Commission, presented and Manager, be and he is hereby authorized, for read. Connors moved that the communication and on behalf of the City of Dubuque to do and be received and filed. Seconded by Michalski. perform any and all acts and things which may Motion carried 7-0. be necessary to carry out the foregoing resolu- tion, including the preparing, making, and filing An Ordinance Amending City of Dubuque of plans, applications, reports, and other docu-Code of Ordinances Section 36-4 Long Range ments; the execution, acceptance, delivery, and Planning Advisory Committee Created; Compo- recordation of reports, and other documents; the sition, deleting the requirement of an appoint- execution, acceptance, delivery, and recordation ment of an alternate City Council Member, of agreements, deeds, and other instruments presented and read. pertaining to the transfer of said property, OFFICIAL PUBLICATION including the filing of copies of the application ORDINANCE NO. 9-06 and the conveyance documents in the records of AMENDING CITY OF DUBUQUE CODE OF the governing body, and the payment of any and ORDINANCES SECTION 36-4 LONG-RANGE all sums necessary on account of the purchase PLANNING ADVISORY COMMITTEE price thereof or fees or costs incurred in connec- CREATED; COMPOSITION, DELETING THE tion with the transfer of said property for survey, REQUIREMENT OF AN APPOINTMENT OF title searches, recordation of instruments, or AN ALTERNATE CITY COUNCIL MEMBER other costs identified with the Federal surplus property acquisition. Section 1. City of Dubuque Code of Ordinances Passed, approved and adopted this 6th day of § 36-4 is amended to read as follows: February 2006. Sec. 36-4. Long-Range Planning Advisory Roy D. Buol, Mayor Commission Created; Composition: Attest: Jeanne F. Schneider, City Clerk There is hereby created a city long-range Connors moved adoption of the Resolution. planning advisory commission, which shall Seconded by Jones. Motion carried 7-0. consist of seven (7) members including a member of the city council designated by the Iowa League of Cities Conference: City Man-council and six (6) residents of the city ap- ager recommending approval of submitting a bid pointed by the city council who shall be qualified to the Iowa League of Cities, including a letter of by their knowledge, experience and ability to support, to host the annual conference in 2010 contribute to the city's long-range planning and and the appointment of a City Council liaison, development efforts. th presented and read. Michalski moved that the Passed, approved and adopted this 6 day of communication be received and filed and February, . approved submittal of the bid and approved the Roy D. Buol, Mayor appointment of Council Member Michalski as the Attest: Jeanne F. Schneider, City Clerk liaison. Seconded by Cline. Motion carried 7-0. Published officially in the Telegraph Herald newspaper this 10th day of February, 2006. National League of Cities: Communication Jeanne F. Schneider, City Clerk from the National League of Cities advising of 1t 2/10 the appointment of City Council Member Ann Connors moved that the requirement that a Michalski to the 2006 Human Development proposed Ordinance be considered and voted Steering Committee for the National League of on for passage at two Council Meetings prior to 36 Regular Session, February 6, 2006 PUBLIC INPUT the meeting at which it is to be finally passed be suspended. Seconded by Michalski. Motion carried 7-0. Connors moved final consideration Lou Oswald, 1080 Nowata, expressed apprec- and passage of the Ordinance. Seconded by iation to the Council for their hard work and time Braig. Motion carried 7-0. commitment. He also questioned the majority of Human Rights Commissioners being present at February 20, 2006 City Council Meeting: City this meeting without a public notice and stated Manager recommending approval of an ordin-he felt it was a violation of the open meetings ance that sets February 20, 2006 as the date of law. Corporation Counsel Lindahl clarified that the second regular City Council meeting in there was no deliberation or action taken by that February, presented and read. body and therefore their attendance at the City Council meeting did not constitute a public An Ordinance providing that the second meeting. regular meeting of the City Council in February, 2006 shall be February 20, 2006, presented and At 8:30 P.M. Michalski moved to go into read. Closed Session re: Pending Litigation and Property Acquisition – Chapter 21.5(1)(c)(j) 2005 OFFICIAL PUBLICATION Code of Iowa. Seconded by Connors. Motion ORDINANCE NO. 10-06 carried 7-0. PROVIDING THAT THE SECOND REGULAR MEETING OF THE CITY COUNCIL IN FEB- At 9:37 P.M. Council reconvened regular RUARY, 2006, SHALL BE FEBRUARY 20, session stating that staff had been given proper 2006 direction. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU- There being no further business, Braig moved QUE, IOWA. to adjourn. Seconded by Connors. Motion Section 1. Section 2-22 of the City of Dubuque carried 7-0. The meeting adjourned at 9:38 P.M. Code of Ordinances notwithstanding, the second regular meeting of the City Council in February, /s/ Jeanne F. Schneider, CMC 2006, shall be February 20, 2006; City Clerk Section 2. This Ordinance shall take effect upon publication. Passed, approved and adopted this 6th day of February 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 10th day of February, 2006. Jeanne F. Schneider, City Clerk 1t 2/10 Jones moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Braig. Motion carried 7-0. Jones moved final consideration and passage of the Ordinance. Seconded by Braig. Motion carried 7-0. COUNCIL MEMBER REPORTS Michalski shared that the Iowa League of Cities meeting was very informative. Buol stated that the Washington Chamber briefings and conversations with Congressmen were good. Braig thanked the Chamber for their impressive setup. Special Session, February 7, 2006 37 DUBUQUE made due to the Arts and Culture Program Grant they had received. CITY COUNCIL OFFICIAL City Council: City Manager Van Milligen spoke PROCEEDINGS regarding the two decision packages recom- mended for funding in the City Council budget. City Council, Special Session, February 7, There being no further business, Michalski 2006 moved to adjourn. Seconded by Cline. Motion Council met in Special Session at 6:30 P.M. in carried 7-0. The meeting adjourned at 8:11 p.m. the Library Auditorium /s/ Jeanne F. Schneider, CMC Present: Mayor Buol; Council Members Braig, City Clerk Cline, Connors, Jones, Lynch, Michalski, City Manager Van Milligen Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of discussing various City departmental budgets. The budgets for the following departments were discussed: Human Rights Department; Finance Department; Legal Department, City Manager’s Office; City Council; and City Clerk’s Office Human Rights Department: Buol thanked the Human Rights Director and staff for their contin- ued efforts for the past year. Leticia Rose-Marin, United Dubuque Immigrant Alliance, requested that minorities be included as trainers in the proposed diversity-training program for City employees. Marcia Sola, 60 North Algona, spoke of the strong resource the City has in its minority population and stressed that they be empowered to co-facilitate the diversity training. Finance Department: Cline questioned wheth- er the Finance Department had looked into offering an even pay program. Finance Director Ken TeKippe replied that they had not as water/sewer bills tend not to fluctuate the way gas and electricity do. However, he stated the City does offer automatic withdrawal for pay- ment of utility bills. Legal Department: Corporation Counsel Lin- dahl stated he was proposing to change the name of the department to the City Attorney’s Office, along with changing his title from Corpo- ration Counsel to City Attorney. City Manager’s Office: Michalski stressed that although the decision package to provide for a part-time Management Intern was not recom- mended for funding it should be considered for next year. Mark Wahlert, Chair of the Arts and Cultural Affairs Commission, thanked the Coun- cil for their support and their investment in Dubuque. Alexandro Pena, Loras College, spoke of the accomplishments the school had 38 Special Session, February 9, 2006 DUBUQUE that consideration be given to increasing the number of management level staff attending the CITY COUNCIL Faces and Voices Conference. Buol stated that OFFICIAL Police Department staffing should be discussed PROCEEDINGS at the next City Council goal setting session. Libby Mihalakis, Vice President of the Washing- ton Neighborhood Association; Amy Boynton, City Council, Special Session, February 9, Downtown Neighborhood Association; Bob 2006 Fisch, Historic Bluff Neighborhood Association; Council met in Special Session at 6:30 P.M. in and Penny Ehlinger, AmeriCorps Program, the Library Auditorium spoke in support of the Community Oriented Policing (COP) program and commended the Present: Mayor Buol (arrived at 6:40 p.m.), department on their efforts in this area. Council Members Braig, Cline, Connors, Jones, Lynch, Michalski, City Manager Van Milligen Building Services Department – Connors questioned whether there was sufficient staff to Mayor Pro-Tem Michalski read the call and maintain City Hall and the two annexes. stated this is a special session of the City Council called for the purpose of discussing There being no further business, Cline moved various City departmental budgets. to adjourn. Seconded by Connors. Motion carried 7-0. The meeting adjourned at 8:30 p.m. The budgets for the following departments were discussed: Emergency Communications Jeanne F. Schneider, CMC Center, Emergency Management Office, Fire City Clerk Department, Police Department, and Building Services Department. Emergency Communications Center – Council questioned whether the current staffing level was adequate and Emergency Communications Center Sandi Hutchcroft stated that it was. Emergency Management – Michalski stated that the City Council needs to be informed, educated and involved in emergency situations. Emergency Management Director Tom Berger replied that training for Council Members is planned within the next few months. th Fire Department – Bob Fisch, 722 West 11 Street, questioned whether there were plans for additional fire stations on the west side of Dubuque. Fire Chief Dan Brown responded that is the purpose of the Municipal Fire and Emer- gency Services Response and Deployment Study. Chief Brown was directed to schedule National Incident Management System (NIMS) training for the City Council in March following the budget process. Police Department – Cline requested a dollar for dollar comparison of the cost to provide two additional Police Officers versus the amount of overtime being paid. Police Chief Kim Wadding stated there would be some savings in overtime, but not significant. She also asked that this decision package be looked at to see if it was possible to add at least one Officer. Braig questioned the update of the polygraph equip- ment. Lynch questioned whether the department was seeing an increase in identify theft cases. Connors questioned the turnover rate and whether this was typical. Michalski requested Special Session, February 13, 2006 39 DUBUQUE for the purpose of collecting food scraps which would be collected in the same manner as yard CITY COUNCIL waste. This would be a pilot program with three OFFICIAL hundred participants initially. Public Works PROCEEDINGS Director Don Vogt commented that the metropol- itan area landfill is self-supporting while most around the State are subsidized. Buol urged that City Council, Special Session, February 13, the department be pro-active in the area of 2006 nuisance clean up. Council met in Special Session at 6:30 P.M. in the Library Auditorium Engineering Department: City Engineer Gus Psihoyos explained that as a requirement of the Present: Mayor Buol, Council Members Braig, NPDES permit, an erosion control policy will be Cline, Connors, Jones, Lynch, Michalski, City coming to the City Council within the next few Manager Van Milligen months. Steve Mosiman, 1000 Clarke Drive, requested that the Hodgdon/West Locust Street Mayor Buol read the call and stated this is a Sidewalk/Step Replacement Project be moved special session of the City Council called for the up to Fiscal Year 2007. He stated this project purpose of discussing various City departmental was first introduced in 2001 and keeps getting budgets. pushed back farther and farther. The budgets for the following departments There being no further business, Michalski were discussed: Water Department, Water moved to adjourn. Seconded by Cline. Motion Pollution Control Plant, Public Works Depart- carried 7-0. The meeting adjourned at 8:13 p.m. ment, and Engineering Department. /s/ Jeanne F. Schneider, CMC Water Department: Michalski questioned why City Clerk the level of usage was going down when the City seemed to be expanding. It was explained that a comprehensive survey for leaks had been conducted and the problem areas repaired and also that many businesses had made improve- ments to their operations, which resulted in a cutback on usage. Michalski also questioned the increase in chemical costs and Water Depart- ment Manager Bob Green responded that this trend would continue as some components were becoming more difficult to acquire. Water Pollution Control Plant: Connors ques- tioned that if the life expectancy of the incinera- tors was estimated at twenty years and were now going on thirty years whether the replace- ments would be significantly different with regard to technology. Water Pollution Control Plant Manager Jonathon Brown commented it would be and that the decisions made now for the replacement incinerators would affect the operation of the plant for many years in the future. Buol asked about how enactment of the 1972 Clean Water Act would affect Dubuque. Brown replied that this would not have any impact on the City’s facility, but could impact the Airport lagoon. In response to a question, Budget Director Dawn Lang explained that the Water Pollution Control Plant was an enterprise fund, which meant that it was self-supporting, with no property tax support. Public Works Department: Braig questioned what the “food scrap recycling program con- sisted of. Solid Waste Supervisor Paul Schultz explained that this was a separate recycling bin 40 Special Session, February 14, 2006 DUBUQUE putting in a larger amount of paid overtime and would not be able to provide the amount of CITY COUNCIL support necessary for City departments. Cline OFFICIAL requested that a comparison of overtime costs PROCEEDINGS versus funding of the position be completed and provided to Council. City Council, Special Session, February 14, Cable TV Division: Public Information Officer 2006 Randy Gehl introduced Cable TV Coordinator Council met in Special Session at 6:30 P.M. in Craig Nowack and reviewed future initiatives for the Library Auditorium the department. Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski, City Conference Center: Michalski questioned why Manager Van Milligen the tiles needed to be replaced so soon. Assis- tant City Manager Cindy Steinhauser explained Mayor Buol read the call and stated this is a that it was because of the porous limestone special session of the City Council called for the material that was used originally and the re- purpose of discussing various City departmental placement would be of a more appropriate budgets. material. The budgets for the following departments There being no further business, Michalski were discussed: Five Flags Civic Center, moved to adjourn. Seconded by Braig. Motion Recreation Division, Park Division, Information carried 7-0. The meeting adjourned at 8:50 p.m. Services Department and Cable TV Division. /s/ Jeanne F. Schneider, CMC Civic Center: Leisure Services Manager Gil City Clerk Spence and SMG Manager Charlie Gardner provided the Council with an overview of the completed renovations at the Center. A detailed budget will be submitted to the Five Flags Commission and City Council in April. Michalski spoke of her continued concern regarding the amount of handicapped parking available around the Five Flags Center and the limited amount of public ice time. Recreation Division: Connors, Michalski and Braig expressed concern that the improvement packages related to after-school programs for children at Lincoln and Marshall Schools and youth sports program were not recommended for funding. City Manager Van Milligen provided an overview of the budget process and stated he would be coming back to Council to recommend that $28,000 of improvement packages not be funded as previously recommended. Michalski requested that Council look closely at the budget to see what could be given up in order to fund the youth related programs. Park Division: In response to a question, Leisure Services Manager Gil Spence reported that the renovation of the Town Clock would not affect any of the festivals held in that area. Michalski questioned whether there were a sufficient number of Park Rangers. Information Services Department: Discussion was held concerning the Lead Applications / Network Analyst position that was not recom- mended for funding. Information Services Manager Chris Kohlmann stated that the impact on the department would be that staff would be Regular Session, February 20, 2006 41 DUBUQUE Corporation Counsel advising that the follow- CITY COUNCIL ing claims have been referred to Public Entity OFFICIAL Risk Services of Iowa, the agent for the Iowa PROCEEDINGS Communities Assurance Pool: Splendid Valley Nursery for property damage and Donald Stumpf for personal injury, presented and read. City Council, Regular Session, February 20, Connors moved that the communications be 2006 received and filed and concurred. Seconded by Council met in Regular Session at 6:30 P.M. in Cline. Motion carried 7-0. the Library Auditorium 2005 Sidewalk Assessment Program – Bid #2 Present: Mayor Buol, Council Members Braig, Project: City Manager recommending that total Cline, Connors, Jones, Lynch, Michalski, City assessments of $7,665.19 be levied against Manager Van Milligen, Corporation Counsel nine separate parcels of property as part of the Lindahl 2005 Sidewalk Assessment Program – Bid #2 Project, presented and read. Connors moved Mayor Buol read the call and stated this is a that the communication be received and filed. regular session of the City Council called for the Seconded by Cline. Motion carried 7-0. purpose of discussing such matters which may properly come before the City Council. RESOLUTION NO. 46-06 ADOPTING THE FINAL ASSESSMENT Invocation was given by Father Kenneth SCHEDULE FOR THE 2005 SIDEWALK Anich, SVD, Acting President of Divine Word ASSESSMENT PROJECT – BID #2 INCLUD- Seminary ING CERTAIN INFORMATION REQUIRED BY THE CODE OF IOWA, SPECIFICALLY, THE Proclamation: Business Professionals of NUMBER OF ANNUAL INSTALLMENTS INTO America Week (February 12–18, 2006) re- WHICH ASSESSMENTS ARE DIVIDED, THE ceived by Cheree Morey. INTEREST ON ALL UNPAID INSTALLMENTS, THE TIME WHEN THE ASSESSMENTS ARE CONSENT ITEMS PAYABLE AND DIRECTING THE CLERK TO CERTIFY THE FINAL SCHEDULE AND TO Minutes and Reports Submitted: Cable TV PUBLISH NOTICE THEREOF Regulatory Commission of 11/9; Cable TV NOW, THEREFORE, BE IT RESOLVED BY Teleprogramming Commission of 1/10; Civil THE CITY COUNCIL OF THE CITY OF DUBU- Service Commission of 1/26; City Council of 2/6, QUE, IOWA: 2/7, 2/9, and 2/13; Electrical Code Board of That after full consideration of the final sche- 1/30; Environmental Stewardship Advisory dule of assessments and accompanying plat Commission of 2/7; Five Flags Commission of showing the assessments proposed to be made 12/19; Human Rights Commission of 1/9; Zoning for the construction of the 2005 Sidewalk As- Advisory Commission of 2/1, presented and sessment Project – Bid #2 under contract with read. Connors moved that the minutes be Perry Construction of Dubuque, Iowa, which received and filed. Seconded by Cline. Motion final plat and schedule were filed in the office of carried 7-0. th the City Clerk on the 15 day of February, 2006, the said schedule of assessments be and the Printed City Council Proceedings for October same is hereby approved and adopted. and November, 2005, presented and read. That there be, and is hereby assessed and Connors moved that the proceedings be re- levied as a special tax against and upon each of ceived and filed and approved as printed. the lots, the respective sums indicated. Pro- Seconded by Cline. Motion carried 7-0. vided, further, that the amounts shown in said final schedule of assessments as deficiencies Proof of publication of City Council Proceed- are found to be proper and levied conditionally ings of January 30, 2006, presented and read. against the respective properties benefited by Connors moved that the proof be received and the improvements as shown in the schedule, filed. Seconded by Cline. Motion carried 7-0. subject to the provisions of Section 384.63 of the Code of Iowa. Said assessments against said Notice of Claims/Suits: Brooke Kowalske vs. lots are hereby declared to be in proportion to City of Dubuque, et al; Randy Seay for property the special benefits conferred and not in excess damage; Splendid Valley Nursery for property of twenty-five percent of the value of same. damage, presented and read. Connors moved That the City Clerk be and is hereby directed that the claims be received and filed and re- to certify said schedule to the County Treasurer ferred to Legal for investigation/report. of Dubuque County, Iowa, and to publish notice Seconded by Cline. Motion carried 7-0. of said certification once each week for two 42 Regular Session, February 20, 2006 consecutive weeks in the manner provided in Tuthill, Jaymis 10-13-453-004, $62,598.26, Section 362.3, the first publication of which shall 2426 Queen, Lot 2-2-1-42 & 43 Staffords Add., be not more than fifteen days from the date of $198.26 filing of the final schedule. On or before the date Wachovia Bank, 10-21-461-027, $104,767.02, of the second publication of the notice, the City 1702 Richie, Lot 1 Block 4 Key Knolls Sub.. Clerk shall also mail a copy of said notice to $3,467.02 property owners whose property is subject to TOTAL $7,665.19 assessment, as provided and directed in Section Connors moved adoption of the Resolution. 384.60 of the Code of Iowa. Seconded by Cline. Motion carried 7-0. Those assessments may be paid in full or in part without interest at the office of the City Iowa Department of Transportation – Accep- th Treasurer, City Hall, 50 W. 13 Street, Dubuque, tance of Deed: City Manager recommending Iowa, at any time within 30 days after the date of approval of the acceptance of a Quit Claim Deed the first publication of this notice of the filing of from the Iowa Department of Transportation for the final schedule of assessments with the property at the corner of Grandview Avenue on County Treasurer. After 30 days, unpaid as-Dodge Street, presented and read. Connors sessments of $100.00 or more are payable in 10 moved that the communication be received and annual installments at the County Treasurer’s filed. Seconded by Cline. Motion carried 7-0. Office, Dubuque County Courthouse, 720 RESOLUTION NO. 47-06 Central Avenue, Dubuque, Iowa, and will draw ACCEPTING THE DEED TO CERTAIN REAL annual interest at nine (9) percent (commencing ESTATE IN DUBUQUE COUNTY, IOWA FROM on the date of acceptance of the work) com- THE IOWA DEPARTMENT OF TRANSPOR- puted to December 1 next following the due TATION dates of the respective installments as provided in Section 384.65 of the Code of Iowa. Each WHEREAS, the City of Dubuque entered into installment will be delinquent from October 1 a Partial Acquisition Agreement with Dubuque following its due date on July 1 of each year. Community School District for the purchase of Property owners may elect to pay any annual the following described real property in Dubuque installments semiannually in advance. County, Iowa: th Passed, approved and adopted this 20 day of Lot A In Phillips Subdivision No. 2, In The City February, 2006. Of Dubuque, Dubuque County, Iowa, As Shown Roy D. Buol, Mayor And Described In Plat Of Survey Recorded On Attest: Jeanne F. Schneider, CMC, City Clerk September 1, 1999 As Document No. 14150-99 2005 Sidewalk Assessment Project - Bid #2 In The Dubuque County Recorder Office, Schedule of Final Assessments Containing 26,942 Square Feet. 02/10/2006 AND WHEREAS, the terms of the Agreement PROPERTY OWNER have now been met. PARCEL# NOW, THEREFORE, BE IT RESOLVED BY VALUATION WITH TOTAL IMPROVEMENT THE CITY COUNCIL OF THE CITY OF DUBU- LOCATION OF WALK QUE, IOWA, AS FOLLOWS: LEGAL DESCRIPTION 1. The City of Dubuque hereby accepts the ASSESSMENT Warranty Deed from the Iowa Department of Canon, Robert & Cheryl , 10-28-104-10, Transportation attached hereto. $94,923.25, 1643 Marjorie, Lot 5 Block 2 Sunset 2. The City Clerk is hereby authorized and Park Sub. #4, $523.25 directed to record this Resolution and the Gaul, Steven & Susan, 10-34-479-003 Warranty Deed with the Dubuque County $185,500.25, 1004 Mela, Lot 3 Block 10 Timber Recorder. Ridge Add., $1,000.25 Passed, approved and adopted this 20th day Hansen, Ronald & Linda, 10-28-126-004, of February, 2006. $118,282.62, 1605 Lucy, Lot 6 Block 1 Sunset Roy D. Buol, Mayor Park 5th Add., $182.62 Attest: Jeanne F. Schneider, City Clerk McKinlay, Mary Michele 10-26-133-002 Connors moved adoption of the Resolution. $97,813.90, 1860 Loras, Tschirgi & Schwinds Seconded by Cline. Motion carried 7-0. Sub Lot 21, $213.90 Meyer, Edna Trust, 10-26-134-005, 2005 Urban Revitalization Program Applica- $81,856.67, 1065 Auburn, Lot 1-22 & 1-23 tions: City Manager recommending approval of Tschirgi & Schwinds, $1,156.67 nine 2005 Urban Revitalization Program applica- Rhone, Stacy, 10-13-457-002, $80,088.70 tions for residential property tax exemption, 2308 Queen Lot 28 Sanfords Sub., $388.70 presented and read. Connors moved that the Steinwand, Dana & Lynda, 10-13-457-005, communication be received and filed. Seconded $73,634.52, 2300 Queen, S 1/2 Lot 30 Sanfords by Cline. Motion carried 7-0. Sub., $534.52 Regular Session, February 20, 2006 43 RESOLUTION NO. 48-06 Section 2. That the above-described tax APPROVING RESIDENTIAL PROPERTY TAX exemption applications are hereby approved by EXEMPTION APPLICATIONS SUBMITTED BY the City Council, subject to the review and PROPERTY OWNERS IN RECOGNIZED approval of the City Assessor. URBAN REVITALIZATION AREAS AND Section 3. That the City Clerk is hereby AUTHORIZING THE TRANSMITTAL OF THE authorized and directed to forward the above- APPROVED APPLICATIONS TO THE CITY described tax exemption applications to the City TAX ASSESSOR Assessor. Whereas, Chapter 404 of the Code of Iowa, Passed, approved and adopted this 20th day the Urban Revitalization Act, permits cities to of February 2006. exempt property taxes for improvements made Roy M. Buol, Mayor to properties in designated revitalization areas; Attest: Jeanne F. Schneider, City Clerk and Connors moved adoption of the Resolution. Whereas, the Urban Revitalization Act requires Seconded by Cline. Motion carried 7-0. property owners to submit a written application for exemption by February 1 of the assessment Shot Tower Archeological Survey: City Man- year for which the exemption is first claimed, ager recommending approval of the issuance of and further requires the City Council to approve a Request for Proposals for the Shot Tower all applications that meet the requirements of the Archeological Survey, presented and read. adopted Urban Revitalization Plan and forward Connors moved that the communication be the approved applications to the City Assessor received and filed and approved recommenda- for review by March 1 of each year; and tion. Seconded by Cline. Motion carried 7-0. Whereas, pursuant to the requirements of said Urban Revitalization Act, the following Urban Arts and Cultural Affairs Advisory Commission: Revitalization Areas were established: Washing-Communication from Jane Kenworthy submitting ton Street, Jackson Park, West 11th Street, her resignation from the Arts and Cultural Affairs Upper Main Street, Garfield Place, Langworthy, Advisory Commission due to her relocation out Cathedral and Old Main; and of the State, presented and read. Connors Whereas, the City of Dubuque, as of February moved that the communication be received and 1, 2006, received tax exemption applications filed. Seconded by Cline. Motion carried 7-0. from the following property owners in the afore- mentioned urban revitalization district. Certificate of Completion – Adams Company: West 11th Street Urban Revitalization Area City Manager recommending approval of a 1300 Walnut- Certificate of Completion for The Adams Com- Robert Johnson Mid America Holdings pany project in the Dubuque Industrial Center 550 Arlington- West, presented and read. Connors moved that Robert Johnson Mid America Holdings the communication be received and filed and 570 Arlington- approved recommendation. Seconded by Cline. Robert Johnson Mid America Holdings Motion carried 7-0. 555 West 11th Street- Robert Johnson and Bethany Golombeski Historic Preservation Commission: Historic 540 Wilbur- Matt & Birgit Morey Preservation Commission reiterating its support 649 Arlington-Toni Anderson for the City Council to continue to pursue the 1335-1337 Bluff Street – Joe Ungs legislative changes which would extend Historic Upper Main Urban Revitalization Area Preservation Commission membership to 1157-1159 Iowa Street- Ken Lin owners of property in historic districts and to 1154, 1070, 1071, 1085, 1088 Main Street, 248 continue to pursue the legislative changes which West 11th Street- would refer appeals of Historic Preservation Gronen Adaptive Reuse LLLP Commission decisions to District Court instead Whereas, the Housing and Community Devel-of the City Council, presented and read. Con- opment Department and Building Services have nors moved that the communication be received reviewed the above-described applications and and filed. Seconded by Cline. Motion carried 7- inspected the properties, and have determined 0. that the applications and the improvements PEG Access Capital Grant Expenditure: City conform to all requirements of the City of Dubu-Manager recommending approval of a request que’s Urban Revitalization Plan. from Mediacom for a $200 grant from the Capital NOW THEREFORE, BE IT RESOLVED BY Grant for Access Equipment and Facilities for THE CITY COUNCIL OF THE CITY OF DUBU-chromakey paint for the Access Studio at QUE, IOWA: Mediacom, presented and read. Connors moved Section 1. That the above-described tax that the communication be received and filed exemption applications meet the requirements of and approved recommendation. Seconded by the City of Dubuque’s Urban Revitalization Plan. Cline. Motion carried 7-0. 44 Regular Session, February 20, 2006 Legislative Correspondence: Communication Passed, approved and adopted this 20th day to area legislators encouraging support of an of February, 2006. amendment to Iowa Code §364.2 to clarify a Roy D. Buol, Mayor City’s authority to charge a franchise fee to a Attest: Jeanne F. Schneider, CMC, City Clerk utility based on the gross revenue from the sale Michalski moved adoption of the Resolution. of the utility’s product and communication to Seconded by Braig. Motion carried 7-0. area legislators encouraging opposition to HF RESOLUTION NO. 50-06 2321 regarding changes to the requirements when a City is considering the use of eminent Whereas, applications for Liquor Licenses domain, presented and read. Connors moved have been submitted to this Council for approval that the communications be received and filed and the same have been examined and ap- and approved. Seconded by Cline. Motion proved; and carried 7-0. Whereas, the premises to be occupied by such applicants were inspected and found to comply Human Rights Ordinance: Communication with the State Laws and all City Ordinances from Lorie Murphy-Freebolin expressing apprec-relevant thereto and they have filed proper iation to members of the City Council for their bonds. support of the Human Rights Ordinance, NOW, THEREFORE, BE IT RESOLVED BY presented and read. Connors moved that the THE CITY COUNCIL OF THE CITY OF DUBU- communication be received and filed. Seconded QUE, IOWA: by Cline. Motion carried 7-0. That the Manager be authorized to cause to be issued the following named applicants a Liquor North Grandview Estates, L.L.C.: Communica-License. tion from Joseph J. Bitter, representing North CLASS “C” BEER/LIQUOR LICENSE Grandview Estates, L.L.C., requesting changes Bootleggers Pub, Inc., Bootleggers Pub+, to the Agreement between the City of Dubuque (Sunday Sale), 1689 Elm St. and North Grandview Estates, L.L.C., dated Melvin Spiegelhalter. The Clubhouse, 2364 April 21, 2005, for development of North Grand-Washington St. view Estates, presented and read. Connors Town Clock Inn, Inc., Town Clock Inn+, moved that the communication be received and (Sunday Sale), 799 Town Clock Plaza filed and referred to the City Manager. Passed, approved and adopted this day 20th Seconded by Cline. Motion carried 7-0. of February, 2006 Roy D. Buol, Mayor Grand Opera House: Letter of support for the Attest: Jeanne F. Schneider, CMC, City Clerk efforts of the Grand Opera House Foundation Michalski moved adoption of the Resolution. Board to seek grant funding to complete restora-Seconded by Braig. Motion carried 7-0. tion of the Grand Opera House, presented and ITEMS TO BE SET FOR PUBLIC HEARING read. Jones moved that the communication be received and filed and approved recommenda- tion. Seconded by Braig. Motion carried 7-0. Floodwall Pumping Station Improvement Project: City Manager recommending initiation of Business Licenses: the public bidding process for the Floodwall Pumping Station Improvement Project and RESOLUTION NO. 49-06 setting a public hearing for April 3, 2006, pre- Whereas, applications for Beer Permits have sented and read. Cline moved that the commu- been submitted and filed to this Council for nication be received and filed. Seconded by approval and the same have been examined Connors. Motion carried 7-0. and approved: and RESOLUTION NO. 51-06 Whereas, the premises to be occupied by such PRELIMINARY APPROVAL OF PLANS AND applicants were inspected and found to comply SPECIFICATIONS with the Ordinances of the City and have filed proper bonds. NOW THEREFORE, BE IT RESOLVED BY NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- THE CITY COUNCIL OF THE CITY OF DUBU-QUE, IOWA: QUE, IOWA: That the proposed plans, specifications, form That the Manager be authorized to cause to be of contract and estimated cost for the Hawthorne issued the following named applicants a Beer Street Generator Project, Maus Lake Generator Permit. Project, and the Bee Branch Floodwall Pumping CLASS “C” BEER PERMIT Station Improvement Projects in the estimated Molo Oil Company, Big 10 Mart+, (Sunday amount of $489,366.00, are hereby approved Sale), 2100 JFK Rd and ordered filed in the office of the City Clerk for public inspection. Regular Session, February 20, 2006 45 Passed, adopted and approved this 20th day part of the plans and specifications heretofore of February, 2006. adopted. Roy D. Buol, Mayor That the City Clerk is hereby directed to Attest: Jeanne F. Schneider, City Clerk advertise for bids for the construction of the Cline moved adoption of the Resolution. improvements herein provided, to be published Seconded by Connors. Motion carried 7-0. in a newspaper having general circulation in the city of Dubuque, Iowa, which notice shall not be RESOLUTION NO. 52-06 less than four days nor more than twenty days FIXING DATE OF THE HEARING ON PLANS prior to the receipt of said bids at 2:00 p.m. on AND SPECIFICATIONS the 15th day of March, 2006. Bids shall be Whereas, the City Council of the City of opened and read by the City Clerk at said time Dubuque, Iowa has given its preliminary ap-and will be submitted to the Council for final proval on the proposed plans, specifications, action at 6:30 p.m. on the 3rd day of April, 2006. and form of contract and placed same on file in Passed, adopted and approved this 20th day the office of the City Clerk for public inspection of February, 2006. of the Hawthorne Street Generator Project, Roy D. Buol, Mayor Maus Lake Generator Project, and Bee Branch Attest: Jeanne F. Schneider, City Clerk Pumping Station Improvement Projects. Cline moved adoption of the Resolution. NOW THEREFORE BE IT RESOLVED BY Seconded by Connors. Motion carried 7-0. THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Alta Vista/Carlotta Street Reconstruction That on the 3rd of April, 2006, a public hearing Project: City Manager recommending initiation of will be held at 6:30 p.m. in the Public Library the public bidding process for the Alta Vis- Auditorium at which time interested persons may ta/Carlotta Street Reconstruction Project and appear and be heard for or against the proposed setting a public hearing for March 20, 2006, plans and specifications, form of contract and presented and read. cost of said improvement, and the City Clerk be RESOLUTION NO. 54-06 and is hereby directed to cause a notice of time PRELIMINARY APPROVAL OF PLANS AND and place of such hearing to be published in a SPECIFICATIONS newspaper having general circulation in the city of Dubuque, Iowa, which notice shall be not less NOW THEREFORE, BE IT RESOLVED BY than four days nor more than twenty days prior THE CITY COUNCIL OF THE CITY OF DUBU- to the day fixed for its consideration. At the QUE, IOWA: hearing, any interested person may appear and That the proposed plans, specifications, form file objections to the proposed plans, specifica-of contract and estimated cost for the Alta Vista - tions, contract, or estimated cost of the im-Carlotta Streets Reconstruction Project in the provement. estimated amount of $994,321.12 are hereby Passed, adopted and approved this 20th day approved and ordered filed in the office of the of February, 2006. City Clerk for public inspection. th Roy D. Buol, Mayor Passed, adopted and approved this 20 day of Attest: Jeanne F. Schneider, City Clerk February, 2006. Cline moved adoption of the Resolution setting Roy D. Buol, Mayor date of hearing on the plans and specifications Attest: Jeanne F. Schneider, CMC, City Clerk for 4/3/06 at 6:30 P.M. in the public library Cline moved adoption of the Resolution. auditorium and direct the City Clerk to publish Seconded by Connors. Motion carried 7-0. notice in the manner prescribed by law. RESOLUTION NO. 55-06 Seconded by Connors. Motion carried 7-0. FIXING DATE OF HEARING ON PLANS AND RESOLUTION NO. 53-06 SPECIFICATIONS ORDERING BIDS Whereas, the City Council of the City of NOW THEREFORE, BE IT RESOLVED BY Dubuque, Iowa has given its preliminary ap- THE CITY COUNCIL OF THE CITY OF DUBU-proval on the proposed plans, specifications, QUE, IOWA: and form of contract and placed same on file in That the Hawthorne Street Generator Project, the office of the City Clerk for public inspection Maus Lake Generator Project and the Bee of the Alta Vista - Carlotta Streets Reconstruc- Branch Pumping Station Improvement Projects tion Project. are hereby ordered to be advertised for bids for NOW THEREFORE, BE IT RESOLVED BY construction. THE CITY COUNCIL OF THE CITY OF DUBU- BE IT FURTHER RESOLVED, that the amount QUE, IOWA: th of the security to accompany each bid shall be in That a public hearing will be held on the 20 an amount which shall conform to the provisions day of March, 2006, at 6:30 p.m. in the Public of the notice to bidders hereby approved as a Library Auditorium at which time interested persons may appear and be heard for or against 46 Regular Session, February 20, 2006 the proposed plans and specifications, form of special assessments when a contract has been contract and cost of said improvement, and the performed and accepted, and the proceeds City Clerk be and is hereby directed to cause a thereof used to pay the contractor. notice of time and place of such hearing to be The above resolution was introduced, ap- published in a newspaper having general proved and ordered placed on file with the City th circulation in the City of Dubuque, Iowa, which Clerk this 20 day of February, 2006. notice shall be not less than four days nor more Approved and placed on file for final action. than twenty days prior to the day fixed for its Roy D. Buol, Mayor consideration. At the hearing, any interested Attest: Jeanne F. Schneider, CMC, City Clerk person may appear and file objections to the Cline moved adoption of the Resolution. proposed plans, specifications, contract, or Seconded by Connors. Motion carried 7-0. estimated cost of the improvement. th RESOLUTION NO. 57-06 Passed, adopted and approved this 20 day of FIXING DATE OF HEARING ON RESOLUTION February, 2006. OF NECESSITY Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Whereas, the City Council of the City of Cline moved adoption of the Resolution. Dubuque, Iowa, has given its preliminary ap- Seconded by Connors. Motion carried 7-0. proval on the proposed plans, specifications and form of contract and placed same on file in the RESOLUTION NO. 56-06 office of the City Clerk for public inspection for RESOLUTION OF NECESSITY the Alta Vista - Carlotta Streets Reconstruction Whereas, proposed plans have been duly Project; and prepared and approved by the City Council of Whereas, the proposed Resolution of Necessi- the City of Dubuque and are now on file in the ty for said improvement has been introduced office of City Clerk showing among other things and is now on file in the City Clerk's office for the plans, specifications, form of contract, public inspection. estimated cost and preliminary plat and sche- NOW THEREFORE, BE IT RESOLVED BY dule showing the amount proposed to be as-THE CITY COUNCIL OF THE CITY OF DUBU- sessed against each lot and the valuation of QUE, IOWA: th each lot as filed by the City Council, for the Alta That on the 20 day of March, 2006, a public Vista - Carlotta Streets Reconstruction Project. hearing will be held at 6:30 p.m. in the Public NOW THEREFORE, BE IT RESOLVED BY Library Auditorium in the City of Dubuque at THE CITY COUNCIL OF THE CITY OF DUBU-which time the owners of property subject to QUE, IOWA: assessment for the proposed improvement or That the City Council deems it advisable and any other person having an interest in the matter necessary for the public welfare to make the may appear and be heard for or against the herein mentioned improvements, and unless making of the improvement, the boundaries of property owners at the time of the final consid-the district, the cost, the assessment against any eration of this proposed resolution have on file lot, or the final adoption of a Resolution of with the City Clerk objections to the Resolution Necessity and the City Clerk be and is hereby of Necessity, they shall be deemed to have authorized and directed to cause a notice of time waived all objections pertaining to the regularity and place of such hearing to be published in a of the proceeding and the legality of using the newspaper having general circulation in the City special assessment procedure. of Dubuque, Iowa, which notice shall be pub- Said improvements shall be constructed and lished once each week for two consecutive done in accordance with the plans and specifica-weeks, the first publication of which shall be not tions which have been approved by the City less than ten days prior to the day fixed for its Council and now on file with the City Clerk. That consideration. Unless property owners at the the cost and expense of making such improve-time of the final consideration of this proposed ment will be assessed partially or totally against resolution have on file with the City Clerk objec- privately owned property lying with the assess-tions to the Resolution of Necessity they shall be ment limits, and in an amount not to exceed that deemed to have waived all objections thereto. th provided by law, and in proportion to the special Passed, adopted and approved this 20 day of benefits conferred. February, 2006. The portion of the cost which shall be borne by Roy D. Buol, Mayor the City will be paid from the Fiscal Year 2007 Attest: Jeanne F. Schneider, CMC, City Clerk Street Construction Program, Watermain Re- Cline moved adoption of the Resolution and placement Program, Street Program Sanitary set date of hearing on the Resolution of Neces- Sewer Improvements, Alta Vista Storm Sewer sity for 3/20/06 at a meeting to commence at Reconstruction, Fiber Optic Conduit – Paving 6:30 P.M. in the public library auditorium and Projects, and special assessment bonds may be direct the City Clerk to publish notice in the issued in anticipation of deferred payments of Regular Session, February 20, 2006 47 manner prescribed by law. Seconded by Con- Michalski moved that Charles Dauod be nors. Motion carried 7-0. appointed to a four year term which will expire 9/14/10. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 58-06 APPROVING PRELIMINARY SCHEDULE OF PUBLIC HEARINGS ASSESSMENTS NOW THEREFORE,BE IT RESOLVED BY Michalski moved to suspend the rules to allow THE CITY COUNCIL OF THE CITY OF DUBU-anyone present to address the Council. QUE, IOWA: Seconded by Cline. Motion carried 7-0. That the attached sheets, Page 1 to Page 2 inclusive, are hereby determined to be the River Pointe Development, LLC – Request to schedule of proposed assessments for the Alta Rezone (Referred Back to Zoning Advisory Vista - Carlotta Streets Reconstruction Project Commission at January 17, 2006 City Council and the valuations set out herein are hereby Meeting): Proof of publication on notice of approved. hearing to consider rezoning property located at th Passed, approved and adopted this 20 day of 600 Mazzuchelli Drive from R-2 Residential February, 2006. District to PUD Planned Unit Development Roy D. Buol, Mayor District with a Planned Residential designation Attest: Jeanne F. Schneider, CMC, City Clerk as requested by River Pointe Development, LLC Cline moved adoption of the Resolution. and Zoning Advisory Commission recommend- Seconded by Connors. Motion carried 7-0. ing approval; City Manager advising that River Pointe Development, LLC has agreed to contri- RESOLUTION NO. 59-06 bute $150,000 towards the off-site street im- ORDERING BIDS provements near this development; Communica- NOW THEREFORE, BE IT RESOLVED BY tions from Rick Trausch, Helene Hurley Magee, THE COUNCIL OF THE CITY OF DUBUQUE, Venice Richardson, Donna Bauerly, Ethel IOWA: Cherioli, Jim Banworth, Leslie L. Motsch, Robert That the Alta Vista - Carlotta Streets Recon-and Damaris Eichman, and Francine Banworth struction Project is hereby ordered to be adver-in opposition to the proposed development; tised for bids for construction. Communication from S.A. Sutton in opposition to BE IT FURTHER RESOLVED that the amount the present development plans of River Pointe of the security to accompany each bid shall be in and submitting additional information/petitions, an amount which shall conform to the provisions presented and read. of the Notice to Bidders hereby approved as a Attorney Steve Juergens, representing River part of the plans and specifications heretofore Pointe, LLC, reviewed the proposed building adopted. plan which has been reduced from six buildings That the City Clerk is hereby directed to to two, stated that there will be no blasting and advertise for bids for the construction of the that the developer will pay $150,000 towards improvements herein provided, to be published street improvements. in a newspaper having general circulation in the Charles Winterwood, 1550 Melrose Terrace, City of Dubuque, Iowa, which notice shall not be spoke objecting primarily to the proposed height less than four days nor more than forty-five days of the buildings. prior to the receipt of said bids at 2:00 p.m. on Dean Rampson. 1158 University, stressed this th the 28 day of March, 2006. Bids shall be is not a PUD and objected to the size. opened and read by the City Clerk at said time David Young, 1598 Central, commented that and will be submitted to the Council for final the high rises should be put in the downtown rd action at 6:30 p.m. on the 3 day of April, 2006. area like most other cities. th Passed, adopted and approved this 20 day of Jeff Nagle, 255 Kelly’s Bluff, spoke in opposi- February, 2006. tion to the project stating the development had Roy D. Buol, Mayor not been downsized and that it was not a Attest: Jeanne F. Schneider, CMC, City Clerk neighborhood project. Cline moved adoption of the Resolution. Jeanne Collins, 343 Cardiff, spoke objecting to Seconded by Connors. Motion carried 7-0. the proposed development because of its height, the impact on her 100 year old home, and traffic BOARDS/COMMISSIONS problems. S.A. Sutton, 1875 Custer, spoke objecting that Appointment to the following Commission: the Iowa Code is not being followed, questioned Airport Commission (One four-year term through who “River Pointe Development” is, and sug- 9/14/10) Applicants: Charles Dauod, J.K. gested that the City trade this property for Hanson III, Dan Nicholson (Note: J.K. Hanson another location and then turn the bluff site into and Dan Nicholson have requested that their a park. names be withdrawn from consideration) Dan Hammel, 2201 Decorah, spoke reiterating that the project has been downsized twice, traffic 48 Regular Session, February 20, 2006 problems addressed and stated it is “smart Bob Roethig, 618 Bradley Street, objected growth.” because the project is too large for the neigh- Ray Crippes, Kieler WI, spoke in support of the borhood and needs to be scaled back. proposed development. Bill Pauly, 1730 Overview Court, spoke strong- Gene Tully, 448 Summit, spoke objecting ly opposing the project, citing pollution and other because of the increased traffic and height of environmental issues. the buildings. Bill Baum, 1301 Auburn, spoke stating the Jim Giese, 21142 Country Squire Lane, stated bottom line is that this investor is willing to invest that this project belonged in the City and would in our City and it is an attractive type of housing be a great asset. to market for retirees. Ken Schmitt, 3291 Spring Valley Road, stated Mark Erschen, 133 St. Mary’s Street, stated traffic should not be an issue and that this is a the development was too large and would great project. reduce the amount of sunlight that property Don Duehr, 1525 Lucy Drive, stated that the below the bluff would receive. project is good for the City. Scott Potter, 515 Garfield Avenue, stated the Dick Vorwald, 2921 Washington, stressed developer does awesome projects and that it is more information and photos are needed. hard to find people willing to invest in the com- Darryl Biechler, as a member of the Dubuque munity. County Fire Association, spoke in full support of Judy Schmitt, 406 Summit, felt the development the project and stated the developer is a “class was in the wrong location. act”. An Ordinance Amending Appendix A (the Tom Wiedemann, 162 Cardiff, stated that he Zoning Ordinance) of the City of Dubuque Code was not in favor of the project but not totally of Ordinances by reclassifying property located against it and he felt that Mr. Spiegel should at 600 Mazzuchelli Drive from R-2 Residential have talked to the neighbors at the beginning of District to PUD Planned Unit Development the project. District with a Planned Residential designation, David Baker, 3055 Castlewood Lane, as a presented and read. Michalski moved that this Teamsters Union representative, spoke in favor be considered the first reading of the Ordinance of the project, citing good-paying construction and requested clarification of plans to be jobs for several years to come. brought to the next meeting. Seconded by Steve Mosiman, 1000 Clarke Drive, requested Connors. Motion carried 7-0. this project be voted down and questioned the long-term effects on the City. Roger Kunde/North End Wrecking – Request Evelyn Nadeau, 663 Fenelon Place, spoke of to Rezone: Proof of publication on notice of the jobs for the future and the vision for the City. hearing to consider rezoning property located at Bonnie Wiedemann, 162 Cardiff, spoke 55 West 32nd Street from AG Agricultural objecting to the project, stating that it was too District to HI Heavy Industrial District as re- massive. quested by Roger Kunde/North End Wrecking Dave Heim, 2480 Knob Hill Drive, spoke in full and Zoning Advisory Commission recommend- support of the project. ing approval; Communication from Joseph J. Jim Shaeffer, 2015 Lombard Street, spoke Bitter, representing North End Wrecking, regard- requesting Council make a decision on this ing the requested rezoning; Communication project. from Paul J. Uhlrich, 480 Olympic Heights Road, Nick Lucy, 783 Fenelon Place, stated he had in opposition to the proposed rezoning; Commu- no objection to the project or the jobs but that nication from Hope Huseman submitting a the location was not right. petition in opposition to the proposed rezoning Leon Jenson, 510 St. George, spoke in full for North End Wrecking and an Ordinance support of the project. Amending Appendix A (the Zoning Ordinance) of Francine Banworth, 985 South Grandview, the City of Dubuque Code of Ordinances by spoke objecting to the proposed project, citing reclassifying property located at 55 West 32nd its massive size, its limited access, traffic prob-Street from AG Agricultural District to HI Heavy lems, its inappropriateness for the bluffs and Industrial District, presented and read. Cline violation of City laws. moved to table this rezoning request. Seconded Dave Miner, 8840 Joyce Court, spoke in by Braig. Motion carried 7-0. support of the project. Brian Martens of Zwingle stated he was in full Loras College – Institutional District Amend- support of the project. ment: Proof of publication on notice of hearing to Deb Schuster, 2434 Queen St., questioned if consider amending the ID Institutional District to the development would affect the people below construct an arena/wellness center and parking the bluff and also emergency vehicle response lot as requested by Loras College and Zoning difficulties. Advisory Commission recommending approval, presented and read. Michalski moved that the Regular Session, February 20, 2006 49 proof and communication be received and filed. of Lot 76, Lot 2 of Lot 77, Lot 2 of Lot 78, Lot 2 Seconded by Connors. Motion carried 7-0. of Lot 79, Lots 71A, Lots 69 through and includ- Jim Collins, President of Loras College, spoke ing Lot 71, Lots 63 through and including Lot 67, in support of the project and Mike Jansen, IIW Lot 80 and Lot 2 of Lot 81A, all of A.P. Woods Engineers, explained the specifics of the pro-Addition, and the alley from Blake Street East posal. except the portion adjoining Lot 2 of Lot 73 of Michalski questioned the number of homes A.P. Woods Addition, all of Helena Street, all in that will be impacted with this new construction the City of Dubuque, Iowa. and Cline questioned if the new parking lot will Section 2. That pursuant to Iowa Code Section alleviate side street parking problems. 414.5(2003) and as an express condition of amending the Loras College ID Institutional An Ordinance Amending Appendix A (the District, the undersigned property owner(s) Zoning Ordinance) of the City of Dubuque Code agree(s) to the following conditions, all of which of Ordinances by providing for the amendment the property owner(s) further agree(s) are of Ordinances No. 18-00 and 01-02, and approv-reasonable and imposed to satisfy the public ing an amended Campus Development Plan for needs that are caused directly by the zoning the new Athletic and Wellness Center for the reclassification: Loras College ID Institutional District, presented A. Use Regulations. and read. The following regulations shall apply to all uses made of land in the above-described ID Institu- OFFICIAL PUBLICATION tional District: ORDINANCE NO. 11-06 1. Principal permitted uses shall be limited to: AMENDING APPENDIX A (THE ZONING a. Colleges and universities. ORDINANCE) OF THE CITY OF DUBUQUE b. Vocational schools. CODE OF ORDINANCES BY PROVIDING FOR c. Seminaries. THE AMENDMENT OF ORDINANCES NO. 18- d. Offices for administrative personnel or 00 AND 01-02, AND APPROVING AN other institutional employees and affiliates. AMENDED CAMPUS DEVELOPMENT PLAN e. Churches, libraries and museums. FOR THE NEW ATHLETIC AND WELLNESS f. Classrooms, laboratories, lecture halls, and CENTER FOR THE LORAS COLLEGE ID similar places of institution. INSTITUTIONAL DISTRICT. g. Off-street parking and loading. NOW, THEREFORE, BE IT ORDAINED BY h. Recreational or athletic facilities for the THE CITY COUNCIL OF THE CITY OF DUBU-primary use and benefit of the institutional QUE, IOWA: residents or affiliates. Section 1. That Appendix A (The Zoning i. Single-family, two-family, or multi-family Ordinance) of the City of Dubuque Code of dwellings for the housing of institutional resi- Ordinances and Ordinances 18-00 and 01-02 be dents or affiliates. amended by adopting a revised campus devel- 2. Accessory Uses: The following uses shall opment plan for the new athletic and wellness be permitted as accessory uses in the above- center for the Loras College Institutional District, described ID Institutional District: to wit: a. Located entirely within a principal build- Lot 1 of Lot 2 of Mineral Lot 90; Lot 2 of Mineral ing, bookstores or bars seating not more than Lot 91; Lot 1 and 2 of Loras College Place; Lot 1 seventy-five(75) persons at one time and lo- and Lot 2 of City Lot 742, Lot 1, Lot 2 and Lot 3 cated not closer than two hundred feet (200’) of City Lot 741, City Lot 714, Lots 20 through from the nearest residential or office residential and including Lot 33 of Levins Addition; all of the district. alleys in Levins Addition; Lot 15 through and B. All uses customarily incidental and subor- including Lot 18 of Kringle Addition; Lots 30 dinate to the principal use it serves, but not to through and including Lot 43 of Yates Subdivi-include commercial use outside the principal sion; Lot 32A, Lot B and Lot C all of Yates building. Subdivision; Lot 1 and Lot 2 and Lots 12 through 3. No conditional uses shall be allowed. and including Lot 15, all of Henion and Baird B. Lot and Bulk Regulations Subdivision; W 103’-N12’-N34’6”-W105’ of Lot 5, Development of land in the ID Institutional S22’6”-N34’6”-W105 of Lot 5, S6’6”-W105’ of Lot District shall be amended as follows: The 5, W105’ of Lot 6 and W105’-N26’ of Lot 7, all in proposed athletic and wellness center shall be Henion and Baird Subdivision, Lots 1 through located in conformance with the attached and including Lot 8 of Hodgdon Subdivision; Lot campus development plan and all final site A of Hodgdon Subdivision; Lot 820 and Lot 821 development plans are to be approved in of A. McDaniels Subdivision; the west 53 feet of accordance with provisions of the ID Institutional Lot 20 of Morgan’s Subdivision; Lot 7, Lot 7A, District regulations. Lot 8, Lot 2 of Lot 9, Lot 2 of Lot 3 and Lot 2 of C. Performance Standards Lot 4, all of Yates and Pickett Subdivision; Lot 2 The development and maintenance of uses in of Lot 73, Lot 2 of Lot 74, Lot 2 of Lot 75, Lot 2 this ID Institutional District shall be established 50 Regular Session, February 20, 2006 in conformance with Section 3-5.2 of the Zoning reclassification approval after the adoption of Ordinance and the following standards: this ordinance. This ordinance shall be binding 1. New outdoor lighting for the proposed upon the undersigned and all his/her heirs, athletic and wellness center and adjacent successors and assignees. parking lot shall use 72-degree cut-off light Section 3. The foregoing amendment has fixtures. heretofore been reviewed by the Zoning Advi- 2. Landscaping shall be provided in com-sory Commission of the City of Dubuque, Iowa. pliance with Section 4-4 of the Zoning Ordin- Section 4. This Ordinance shall take effect ance. immediately upon publication, as provided by 3. All utilities, including telephone and cable law. th television, shall be installed underground. Passed, approved and adopted this 20 day of 4. Final site development plans shall be February, 2006 . submitted in accordance with Section 4-4 of the Roy D. Buol, Mayor Zoning Ordinance. Attest: Jeanne F. Schneider, City Clerk D. Parking Requirements ACCEPTANCE OF ORDINANCE NO. 11-06 The off-street parking requirements for the I, James E. Collins, President, Loras College, principal permitted uses for the herein described having read the terms and conditions of the ID Institutional District shall be regulated as Ordinance No. 11-06 and being familiar with the follows: conditions thereof, hereby accept this same and 1. That eighty-three (83) parking spaces shall agree to the conditions required therein. be provided in the new parking lot on the north Dated in Dubuque, Iowa this 17th day of side of the athletic and wellness center. February, 2006. 2. A minimum of 1,158 off-street parking By /s/ James E. Collins, President spaces shall be maintained for the Loras Col-Loras College lege Institutional District. Published officially in the Telegraph Herald 3. Any significant expansion or reduction in the newspaper this 24th day of February, 2006. number of off-street parking spaces must be Jeanne F. Schneider, City Clerk reviewed by Planning Services staff for com-1t 2/24 pliance with the adopted institutional district Michalski moved that the requirement that a requirements. proposed Ordinance be considered and voted E. Open Space and Recreational Areas on for passage at two Council Meetings prior to Those areas not designated on the conceptual the meeting at which it is to be finally passed be development plan for the development shall be suspended. Seconded by Connors. Motion maintained as open space, as defined by carried 7-0. Michalski moved final consideration Section 8 of the Zoning Ordinance by the and passage of the Ordinance. Seconded by property owner and/or association. Lynch. Motion carried 7-0. F. Sign Regulations The sign regulations shall be the same as that Garfield Place Urban Revitalization Area which are allowed in the ID Institutional District (Tabled on February 6, 2006): Michalski moved as established in Section 4-3.11 of the Zoning that the following item be removed from the Ordinance. table. Seconded by Connors. Motion carried 7-0. G. Additional Standards 1. That all previously approved campus Proof of publication on notice of hearing to development plans are hereby amended to allow consider approval of an amended and restated for the attached conceptual development plan. Garfield Place Urban Revitalization Area to add H. Transfer of Ownership two adjoining lots for a proposed 12-room Transfer of ownership or lease of property in this single-room occupancy facility at 601 Garfield ID Institutional District shall include the transfer Avenue and to extend the duration of the plan or lease agreement a provision that the pur-and City Manager recommending approval and chaser or lessee acknowledges awareness of communication from the Long Range Planning the conditions authorizing the establishment of Advisory Commission recommending expansion this district. of the Garfield Place Urban Revitalization I. Modifications District, presented and read. Connors moved Any modifications of this Ordinance must be that the proof and communication be received approved by the City Council in accordance with and filed. Seconded by Braig. Motion carried 7- zoning reclassification proceedings of Section 6 0. of the Zoning Ordinance. J. Recording Scott Potter, 515 Garfield, spoke clarifying the A copy of this Ordinance shall be recorded at proposed project. the expense of the property owner(s) with the Dubuque County Recorder as a permanent An Ordinance Establishing the Amended and record of the conditions accepted as part of this Restated Garfield Place Urban Revitalization Regular Session, February 20, 2006 51 Area as an Urban Revitalization Area pursuant received and filed. Seconded by Braig. Motion to Chapter 404 of the Code of Iowa, presented carried 7-0. and read. Michelle Mihalakis spoke clarifying the pro- posed project. OFFICIAL PUBLICATION ORDINANCE NO. 12-06 An Ordinance Establishing the Manasseh ESTABLISHING THE GARFIELD PLACE II House Urban Revitalization Area as an Urban URBAN REVITALIZATION AREA AS AN Revitalization Area pursuant to Chapter 404 of URBAN REVITALIZATION AREA PURSUANT the Code of Iowa, presented and read. TO CHAPTER 404 OF THE CODE OF IOWA. OFFICIAL PUBLICATION NOW, THEREFORE, BE IT ORDAINED BY ORDINANCE NO. 13-06 THE CITY COUNCIL OF THE CITY OF DUBU- ESTABLISHING THE MANASSEH HOUSE QUE, IOWA: URBAN REVITALIZATION AREA AS AN Section 1. That the Garfield Place II Urban URBAN REVITALIZATION AREA PURSUANT Revitalization Area as herein described shall TO CHAPTER 404 OF THE CODE OF IOWA hereafter be designated an urban revitalization . area pursuant to Chapter 404 of the Code of NOW, THEREFORE, BE IT ORDAINED BY Iowa 1999, to wit: THE CITY COUNCIL OF THE CITY OF DUBU- Lot 1 of Cook’s Addition in the County of Dubu-QUE, IOWA: que, City of Dubuque, Iowa, according to the Section 1. That the Manasseh House Urban recorded plat thereof. Revitalization Area as herein described shall Section 2. That the Garfield Place II Urban hereafter be designated an urban revitalization Revitalization Area Plan as hereto attached is area pursuant to Chapter 404 of the Code of hereby adopted and approved and the proper-Iowa 1999, to wit: ties within said described area shall be subject Lot 1of Lot 2 of Lot 1 of Lot 2 of Lot 2 of Lot 3 of to the provisions of said Plan. Lot 10 and part of Lot 1 of Lot 1 of Lot 2 of Lot 3 Section 3. That said Garfield Place II Urban of Lot 10 in Kniest Subdivision in the County of Revitalization Area Plan shall hereafter be on file Dubuque, City of Dubuque, Iowa, according to in the City Clerk’s Office, City Hall, Dubuque, the recorded plat thereof. Iowa. Section 2. That the Manasseh House Urban Section 4. That the City Clerk is hereby Revitalization Area as hereto attached is hereby authorized and directed to publish this Ordin-adopted and approved and the properties within ance on or after March 23, 2006, provided that said described area shall be subject to the the City Clerk prior to that date has received no provisions of said Plan. valid petition requesting a second public hear- Section 3. That said Manasseh House Urban ing, and in the event such petition has been Revitalization Area shall hereafter be on file in received, then this Ordinance shall be null and the City Clerk’s Office, City Hall, Dubuque, Iowa. void. Section 4. That the City Clerk is hereby Passed, approved and adopted this 20th day authorized and directed to publish this Ordin- of February 2006. ance on or after March 23, 2006, provided that Roy D. Buol, Mayor the City Clerk prior to that date has received no Jeanne F. Schneider, City Clerk valid petition requesting a second public hear- Published officially in the Telegraph Herald ing, and in the event such petition has been newspaper this 23rd day of March, 2006. received, then this Ordinance shall be null and Jeanne F. Schneider, City Clerk void. 1t 3/23 Passed, approved and adopted this 20th day Connors moved that the requirement that a of February 2006. proposed Ordinance be considered and voted Roy D. Buol, Mayor on for passage at two Council Meetings prior to Jeanne F. Schneider, City Clerk the meeting at which it is to be finally passed be Published officially in the Telegraph Herald suspended. Seconded by Braig. Motion carried newspaper this 23rd day of March, 2006. 7-0. Connors moved final consideration and Jeanne F. Schneider, City Clerk passage of the Ordinance. Seconded by Braig. 1t 3/23 Motion carried 7-0. Michalski moved that the requirement that a proposed Ordinance be considered and voted Manasseh House Urban Revitalization Area on for passage at two Council Meetings prior to Plan: Proof of publication on notice of hearing to the meeting at which it is to be finally passed be consider approval of the Manasseh House suspended. Seconded by Braig. Motion carried Urban Revitalization Area Plan for a proposed 7-0. Michalski moved final consideration and nineteen room single occupancy (SRO) facility passage of the Ordinance. Seconded by Con- for women, presented and read. Michalski nors. Motion carried 7-0. moved that the proof and communication be 52 Regular Session, February 20, 2006 Tanzanite Drive and Sapphire Circle Planned reasonable and imposed to satisfy the public Unit Development District: Proof of publication needs that are caused directly by the zoning on notice of hearing to consider amending the reclassification: existing Planned Unit Development District for A. Use Regulations The following regulations property at the northwest corner of Tanzanite shall apply to all uses made of land in the Drive and Sapphire Circle by eliminating the above-described PUD District: option to develop property under R-3 Residential 1. Principal permitted uses for Zone A shall District zoning regulations as requested by the be limited to: City of Dubuque and the Zoning Advisory a. Single-family detached dwellings – [11] Commission recommending approval, presented 2. Principal permitted uses for Lot 28, Zone B and read. Connors moved that the proof and shall be limited to: communication be received and filed. Seconded a. Two-family dwelling (duplex)—[11]. by Cline. Motion carried 7-0. b. Townhouses (maximum two [2] dwelling Rod Tschiggfrie, 600 Sapphire Circle, spoke units)—[11]. stating he does not want to lose the R-1 option. 3. Principal permitted uses for Lot 29, Zone B An Ordinance amending Appendix A (the shall be limited to: Zoning Ordinance) of the City of Dubuque Code a. Single-family detached dwellings – [11] of Ordinances by providing for the amendment b. Two-family dwelling (duplex) – [11] of Ordinances No. 10-99, 96-02 and 86-03 c. Multi-family dwelling (maximum six [6] which adopted regulations for the Emerald Acres dwelling units) – [9] No. 2 PUD Planned Unit Development District d. Townhouses (maximum six [6] dwelling with a PR Planned Residential Designation and units) – [11] approving an amended ordinance for the Eme- [ ] Parking group – see Section 4-2 of the rald Acres No. 2 PUD Planned Unit Develop-Zoning Ordinance. ment District, presented and read. 4. Accessory uses shall include any use customarily incidental and subordinate to the OFFICIAL PUBLICATION principal use it serves. ORDINANCE NO. 14-06 B. Lot and Bulk Regulations Development of AMENDING APPENDIX A (THE ZONING land in the PUD District shall be regulated as ORDINANCE) OF THE CITY OF DUBUQUE follows: CODE OF ORDINANCES BY PROVIDING FOR 1. Lots for single-family dwellings in Zone A THE AMENDMENT OF ORDINANCES NO. 10- shall meet bulk regulations set forth in the 99, 96-02 AND 86-03 WHICH ADOPTED Zoning Ordinance for the R-1 Single-Family REGULATIONS FOR THE EMERALD ACRES Residential District. NO. 2 PUD PLANNED UNIT DEVELOPMENT 2. Development of Lot 28, Zone B may proceed DISTRICT WITH A PR PLANNED RESIDEN- in substantial conformance with attached con- TIAL DESIGNATION AND APPROVING AN ceptual plan. AMENDED ORDINANCE FOR THE EMERALD 3. All multi-family structures on Lot 29, Zone B ACRES NO.2 PUD PLANNED UNIT DEVEL- shall meet the bulk regulations set forth in the OPMENT DISTRICT Zoning Ordinance for the R-3 Moderate Density NOW, THEREFORE, BE IT ORDAINED BY Multi-Family Residential District. THE CITY COUNCIL OF THE CITY OF DUBU-C. Performance Standards. The development QUE, IOWA: and maintenance of uses in this PUD District Section 1. That Appendix A (the Zoning shall be established in conformance with Section Ordinance) of the City of Dubuque Code of 3-5.5 of the Zoning Ordinance and the following Ordinances is hereby amended by providing for standards: the amendment of ordinances 10-99, 96-02, and 1. Proposed public streets in the Planned 86-03, which adopted regulations for the Eme-Residential development shall be designed and rald Acres No. 2 PUD Planned Unit Develop-built to City Engineering specifications. ment District with a PR Planned Residential 2. Tanzanite Drive shall be constructed to a designation, and approving an amended Ordin-width of 37 feet. ance for the Emerald Acres No. 2 PUD Planned 3. Erosion control devices shall be provided Unit Development District, a copy of which is during all phases of construction of the Planned attached to and made a part hereof, to wit: Residential development. Lot 28 Emerald Acres No. 2, and to the center-4. Parking requirements for allowed uses shall line of the adjoining public right-of-way, all in the be as per the parking group for the designated City of Dubuque, Iowa. use, in accordance with Section 4-2 of the Section 2. Pursuant to Iowa Code Section Zoning Ordinance. 414.5 (2003), and as an express condition of the 5. Sidewalks shall be provided adjoining all reclassification, the undersigned property public streets. owners agree to the following conditions, all of 6. Storm water control facilities will be installed which the property owners further agree are as per City Engineering requirements. Regular Session, February 20, 2006 53 7. Final site development plans shall be submit- Passed, approved and adopted this 20th day ted in accordance with Section4-4 of the Zoning of February, 2006. Ordinance prior to construction of any buildings. Roy D. Buol, Mayor D. Open Space and Recreational Areas Open Attest: Jeanne F. Schneider, City Clerk space and landscaping in the PUD District shall ACCEPTANCE OF ORDINANCE NO. 14-06 be regulated as follows: I, Rodney Tschiggfrie, representing T-Corp, 1. Those areas not designated on the concep-property owner, having read the terms and tual plan for development shall be maintained as conditions of the Ordinance No. 14-06 and being open space, as defined by Section 8 of the familiar with the conditions thereof, hereby Zoning Ordinance, by the property owner and/or accept this same and agree to the conditions association. required therein. th E. Sign Regulations. Signs in the PUD District Dated in Dubuque, Iowa this 13 day of shall be regulated as follows: February, 2006. 1. Signs shall be allowed in the Planned By: Rodney Tschiggfrie Residential development in accordance with the Published officially in the Telegraph Herald th R-1 Single-Family Residential District regula-newspaper this 24 day of February, 2006. tions of the Zoning Ordinance. /s/ Jeanne F. Schneider, CMC, City Clerk F. Additional Standards. 1t 2/24 1. That the attached conceptual development Connors moved that the requirement that a plan shall constitute a preliminary subdivision proposed Ordinance be considered and voted plat, in accordance with Chapter 42, Subdivision on for passage at two Council Meetings prior to Regulations, of the City of Dubuque Code of the meeting at which it is to be finally passed be Ordinances. suspended. Seconded by Cline. Motion carried 2. That the property between the south right-of-7-0. Connors moved final consideration and way line of Tanzanite Drive and the south passage of the Ordinance. Seconded by Jones. property line of Lot 2 of Lot 1 of SE ¼ of SE ¼, Motion carried 7-0. Section 2 must comply with the regulations adopted for Alpine Heights Mobile Home Park 2006 Curb Ramp Installation – CDBG Project, Ordinance No. 72-98. Phase II: Proof of publication on notice of G. Transfer of Ownership. Transfer of owner-hearing to consider adoption of the plans and ship or lease of property in this PUD District specifications for the 2006 Curb Ramp Installa- include in the transfer or lease agreement a tion – CDBG Project, Phase II and award of the provision that the purchaser or lessee acknowl-contract to Kluck Construction, Inc., in the edges awareness of the conditions authorizing amount of $23,843, and City Manager recom- the establishment of the district. mending approval, presented and read. Cline H. Reclassification of Subject Property. The moved that the proofs of publication and com- City of Dubuque, Iowa may initiate zoning munication be received and filed. Seconded by reclassification proceedings to the AG Agricul-Michalski. Motion carried 7-0. tural District in accordance with Section 6 of the RESOLUTION NO. 60-06 Zoning Ordinance if the property owner fails to RESOLUTION ADOPTING PLANS AND complete or maintain any of the conditions of SPECIFICATIONS this ordinance. th I. Modifications. Any modifications of this Ordin- Whereas, on the 11 day of January, 2006, ance must be approved by the City Council in plans, specifications, form of contract and accordance with zoning reclassification proceed-estimated cost were filed with the City Clerk of ings of Section 6 of the Zoning Ordinance. Dubuque, Iowa for the 2006 Curb Ramp Installa- J. Recording. A copy of this ordinance shall be tion – CDBG Project, Phase II. recorded at the expense of the property owner Whereas, notice of hearing on plans, specifica- with the Dubuque County Recorder as a perma-tions, form of contract, and estimated cost was nent record of the conditions accepted as part of published as required by law. this reclassification approval within forty-five (45) NOW THEREFORE, BE IT RESOLVED BY days after the adoption of this ordinance. This THE CITY COUNCIL OF THE CITY OF DUBU- ordinance shall be binding upon the undersigned QUE, IOWA: and his/her heirs, successors and assigns. That the said plans, specifications, form of Section 3. The foregoing amendment has contract and estimated cost are hereby ap- heretofore been reviewed by the Zoning Advi-proved as the plans, specifications, form of sory Commission of the City of Dubuque, Iowa. contract and estimated cost for said improve- Section 4. The foregoing amendment shall ments for said project. th take effect upon publication, as provided by law, Passed, adopted and approved this 20 day of and at such time that the herein described February, 2006. property is legally annexed into the City of Roy D. Buol, Mayor Dubuque, Iowa. Attest: Jeanne F. Schneider, CMC, City Clerk 54 Regular Session, February 20, 2006 Cline moved adoption of the Resolution. Seconded by Michalski. Motion carried 7-0. Regular Session, February 20, 2006 55 RESOLUTION NO. 61-06 Cline moved adoption of the Resolution. AWARDING CONSTRUCTION CONTRACT Seconded by Michalski. Motion carried 7-0. FOR THE 2006 CURB RAMP INSTALLATION – CDBG PROJECT, PHASE II Michalski moved to reinstate the rules limiting Whereas, sealed proposals have been submit-discussion to the Council. Seconded by Con- ted by contractors for the 2006 Curb Ramp nors. Motion carried 7-0. Installation – CDBG Project, Phase II pursuant ACTION ITEMS to Resolution No. 23-06 and notice to bidders published in a newspaper published in the City th of Dubuque, Iowa on the 20 day of January, Storage Container Ordinance (First Reading 2006. on February 6, 2006): Communication from Whereas, said sealed proposals were opened Steward Sandstrom, Dubuque Area Chamber of nd and read on the 2 day of February, 2006, and Commerce, requesting that he or designees of it has been determined that the bid of Kluck the Chamber be given an opportunity to address Construction, Inc. of Dubuque, Iowa, in the the Council regarding the second reading of the amount of $23,843.00 was the lowest bid for the ordinance to regulate exterior storage contain- furnishings of all labor and materials and per-ers, presented and read. forming the work as provided for in the plans Steward Sandstrom, President of the Dubuque and specifications. Chamber of Commerce, spoke in opposition to NOW THEREFORE, BE IT RESOLVED BY the proposed Storage Container Ordinance. THE CITY COUNCIL OF THE CITY OF DUBU- An Ordinance Amending Chapter 11 Building QUE, IOWA: and Building Regulations of the City of Dubuque That the contract for the above improvement Code of Ordinances by adopting a new Article be awarded to Kluck Construction, Inc. and the VII. Exterior Storage Containers and Storage Manager be and is hereby directed to execute a Trailers establishing requirements for the use of contract on behalf of the City of Dubuque for the exterior storage containers and storage trailers, complete performance of the work. said Ordinance having been presented and read BE IT FURTHER RESOLVED: at the Council Meeting of February 6th, now That upon the signing of said contract and the presented for further action. Connors moved that approval of the contractor’s bond, the City this be considered the second reading of the Treasurer is authorized and instructed to return Ordinance. Seconded by Michalski. Carried by the bid deposits of the unsuccessful bidders. the following vote: Yeas—Buol, Connors, Jones, th Passed, approved and adopted this 20 day of Michalski. Nays—Braig, Cline, Lynch. February, 2006. Roy D. Buol, Mayor Walnut Ridge Estates – Preliminary Plat: Attest: Jeanne F. Schneider, CMC, City Clerk Zoning Advisory Commission recommending Cline moved adoption of the Resolution. approval of the preliminary plat of Walnut Ridge Seconded by Michalski. Motion carried 7-0. Estates as requested by Lester Jennings, presented and read. RESOLUTION NO. 62-06 Lester Jennings and Ken Moore spoke about APPROVING CONSTRUCTION CONTRACT the proposed development. WITH KLUCK CONSTRUCTION, INC. FOR Connors moved that the communication be THE 2006 CURB RAMP INSTALLATION – received and filed and approved recommenda- CDBG PROJECT, PHASE II tion. Seconded by Michalski. Motion carried 7-0. Whereas the City Council by Resolution No. 61-06 awarded the construction contract for the Golf Car Lease Agreement: City Manager 2006 Curb Ramp Installation – CDBG Project, recommending approval of the award of a five- Phase II to Kluck Construction, Inc.; and year lease for fifty (50) golf cars for the Bunker Whereas Kluck Construction, Inc. has submit-Hill Golf Course to Tiziani Golf Car Corporation, ted the attached executed contract and bond. presented and read. After discussion, Michalski NOW THEREFORE, BE IT RESOLVED BY moved that the communications be received and THE CITY COUNCIL OF THE CITY OF DUBU-filed and the lease be awarded to Harris Golf QUE, IOWA: Cars (Yamaha), Peosta, IA. Seconded by Braig. 1. The contract and bond attached hereto are Carried by the following vote: Yeas—Braig, hereby approved. Buol, Connors, Jones, Michalski. Nays—Cline, 2. The City Manager is hereby authorized and Lynch. directed to execute the contract on behalf of the City of Dubuque. Organizational Development and Diversity Passed, approved and adopted this 20th day Training: City Manager recommending approval of February, 2006. of the selection of One Ummah Consulting to Roy D. Buol, Mayor perform Organizational Development and Attest: Jeanne F. Schneider, CMC, City Clerk Diversity Training for City employees at a cost of $79,200, presented and read. Cline moved to 56 Regular Session, February 20, 2006 table this training until after the adoption of the the city manager. When the day fixed for any Fiscal Year 2007 Budget. Seconded by Michals-regular meeting of the board falls upon a day ki. Motion carried 7-0. designated as a legal or national holiday or city holiday, such meeting shall be held on the next City Electrical Ordinance: City Manager succeeding day not a holiday. The secretary recommending approval of six changes to the shall give notice to the members of the board if administrative portion of the City’s Electrical there is no business filed with the secretary to Code to make the Electrical Code Board more be heard by the board by noon on the Wednes- user friendly and to add some clarity to the day prior to the regular meeting date and such various descriptions, presented and read. regular meeting shall stand cancelled. The Connors moved that the communication be secretary shall provide notice of the cancellation received and filed. Seconded by Braig. Motion of the meeting in the same manner as notice of carried 7-0. a regular meeting. Members of the electrical code board shall attend at least two-thirds (2/3) An Ordinance Amending City of Dubuque of all scheduled meetings within a twelve month Code of Ordinances Chapter 18 Electricity, period. If any member does not attend such Section 81-2 National Electrical Code-prescribed number of meetings, it shall consti- Amendments, by amending Section 81-3 Elec-tute grounds for the board to recommend to the trical Code Board by increasing the number of city council that said member be replaced. members from five to seven and providing for Section 2. City of Dubuque Code of Ordin- regular and special meetings; by amending ances § 81-2 is amended by amending or Section 83-1 Definitions “Apprentice or Helper,” adding in § 83-1 the following definitions: “Master Electrician/Electrical Contractor,” and Apprentice or helper shall mean a person who “Journeyman Electrician, presented and read. does not hold a license as a journeyman electri- cian, maintenance electrician or contractor and OFFICIAL PUBLICATION who is assisting in the installation, alteration or ORDINANCE NO. 15-06 repair of electrical work under the supervision of AMENDING CITY OF DUBUQUE CODE OF a Class I, II, or III electrical license holder. Under ORDINANCES CHAPTER 18 ELECTRICITY, the supervision of a Class I, II, or III electrical SECTION 81-2 NATIONAL ELECTRICAL license holder shall mean that a Class I, Class II, CODE-AMENDMENTS, BY AMENDING SEC- or Class III certificate competency holder is TION 81-3 ELECTRICAL CODE BOARD BY physically present on the job site and at the INCREASING THE NUMBER OF MEMBERS same project location and that the apprentice is FROM FIVE TO SEVEN AND PROVIDING FOR engaged in the same phase of the project as the REGULAR AND SPECIAL MEETINGS; BY Class I, Class II, or Class III certificate compe- AMENDING SECTION 83-1 DEFINITIONS tency holder. However, the apprentice is not “APPRENTICE OR HELPER,” “MASTER required to be within sight of the Class I, Class ELECTRICIAN / ELECTRICAL CONTRAC- II, or Class III certificate competency holder at all TOR,” AND “JOURNEYMAN ELECTRICIAN” times. NOW, THEREFORE, BE IT ORDAINED BY Master electrician/electrical contractor THE CITY COUNCIL OF THE CITY OF DUBU-means a person having the necessary qualifica- QUE, IOWA: tions, training, experience, and technical know- Section 1. City of Dubuque Code of Ordinances ledge to plan, lay out, install, service and super- § 81-2 is amended by amending § 81-3(b) and vise the installation of electrical wiring, electrical (d)(5) to read as follows: equipment apparatus, electrical equipment for (b) Membership. The electrical code board light, heat, power, and other purposes and to shall consist of seven (7) members appointed by supervise apprentices, and who is licensed by the city council. Six (6) members shall have a the board. background or experience in electrical engineer-Journeyman electrician means a person having ing, electrical contracting, electrical installation the necessary qualifications, training, expe- or electrical maintenance, and one (1) member rience, and technical knowledge to wire for or shall be appointed from the public at large. install electrical wiring, electrical apparatus, and (d) Rules and regulations. The board shall electrical equipment, and to supervise appren- make such rules and prescribe such procedures tices, and who is licensed by the electrical as may be reasonably necessary for its opera-board. tion, except that such rules shall include the Passed, approved and adopted this 20th day following: of February, . (5) Meetings. Regular meetings of the elec-Roy D. Buol, Mayor th trical code board shall be held on the 4 Monday Attest: Jeanne F. Schneider, City Clerk in January, March, May, July, September, and Published officially in the Telegraph Herald November. Special meetings may be called from newspaper this 24th day of February, 2006. time to time by the chairperson, the secretary or Jeanne F. Schneider, City Clerk Regular Session, February 20, 2006 57 1t 2/24 Regional Workforce Investment Board: City Connors moved that the requirement that a Council appointment to the Regional Workforce proposed Ordinance be considered and voted Investment Board, presented and read. Connors on for passage at two Council Meetings prior to moved that the communication be received and the meeting at which it is to be finally passed be filed and appointed Mayor Buol to this Board. suspended. Seconded by Braig. Motion carried Seconded by Cline. Motion carried 7-0. 7-0. Lynch moved final consideration and passage of the Ordinance. Seconded by Con- Old Main Historic District Sidewalks: City nors. Motion carried 7-0. Manager recommending that City Council schedule a work session on March 27, 2006 to Heeb Street and West 17th Street: City Man-discuss the Old Main Historic District Sidewalk ager recommending approval of the installation Paving Options, presented and read. Michalski of a stop sign on Heeb Street at West 17th moved that the communication be received and Street, presented and read. Michalski moved filed and approved recommendation. Seconded that the communication be received and filed. by Braig. Motion carried 7-0. Seconded by Braig. Motion carried 7-0. At 9:58 p.m. Michalski moved to go into An Ordinance Amending the Code of Ordin-Closed Session re: Pending Litigation and ances of the City of Dubuque, Iowa, by modify-Property Acquisition – Chapter 21.5(1)(c)(j) 2005 ing Subsection (b) of Section 32-214 thereof Code of Iowa. Seconded by Braig. Motion providing for the addition of a stop sign at the carried 7-0. intersection of Heeb Street and West Seven- teenth Street, presented and read. At 10:17 p.m. Council reconvened Regular Session stating proper direction had been given OFFICIAL PUBLICATION staff. ORDINANCE NO. 16-06 AMENDING THE CODE OF ORDINANCES OF There being no further business, Michalski THE CITY OF DUBUQUE, IOWA, BY MODIFY- moved to adjourn. Seconded by Lynch. Motion ING SUBSECTION (b) OF SECTION 32-214 carried 7-0. The meeting adjourned at 10:18 THEREOF PROVIDING FOR THE ADDITION p.m. OF A STOP SIGN AT THE INTERSECTION OF HEEB STREET AND WEST SEVENTEENTH /s/ Jeanne F. Schneider, CMC STREET City Clerk NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa, be amended by adding Heeb Street and West Seventeenth Street to Subsection (b) of Section 32-214 thereof as follows: “Sec. 32-214. Stop Intersections. (b) SOUTHBOUND Heeb Street and West Seventeenth Street Passed, approved, and adopted this 20th day of February, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald newspaper this 24th day of February, 2006. Jeanne F. Schneider, City Clerk 1t 2/24 Michalski moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Braig. Motion carried 7-0. Connors moved final consideration and passage of the Ordinance. Seconded by Mi- chalski. Motion carried 7-0. 58 Special Session, March 2, 2006 DUBUQUE credit cards/ATM cards be looked at for the parking ramps. CITY COUNCIL OFFICIAL Planning Services Department: Michalski PROCEEDINGS requested that in addition to the many groups identified to participate in the Comprehensive Bluffs Plan, that the BVM Sisters be included. City Council, Special Session, February 21, Charles Winterwood, Chairperson of the Long 2006 Range Planning Advisory Commission, spoke in Council met in Special Session at 6:30 P.M. in support of funding the Comprehensive Bluffs the Library Auditorium Plan study. Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski, City Housing and Community Development De- Manager Van Milligen partment: Staff explained how the reduction in Community Development Block Grant funds Mayor Buol read the call and stated this is a would be covered. A public hearing was held on special session of the City Council called for the the Fiscal Year 2007 (Program Year 2006) purpose of discussing various City departmental Community Development Block Grant Annual budgets and conducting a public hearing on the Action Plan. CDBG Fiscal Year 2007 Annual Action Plan. Chris Olson, 1090 Grove Terrace, spoke of the importance of the Community Development The budgets for the following City departments Block Grant Program and urged the City Council were discussed: Economic Development De- to continue to communicate this to area legisla- partment, Parking Division, Transit Division, tors. Michalski commented she was glad to see Planning Services Department, and Housing that the Neighborhood Recreation program and and Community Development Department. Senior Center budgets were not recommended for cuts. Economic Development Department: Michalski reminded staff and Council that the City needs Michalski moved that the public hearing be the Des Moines initiative as much as the Wash- closed. Seconded by Braig. Motion carried 7-0. ington, DC initiative. Connors requested an ongoing update on the Community Marketing The remainder of the Housing and Community program. Development Department budget was then presented. Transit Division: Discussion centered on the paratransit (mini-bus) operation and the need for Beverly Berna, Dubuque County Extension additional property tax support. The main Office, congratulated the City Council on the reasons for the increase relate to personnel, various partnerships that have been developed diesel fuel and vehicle maintenance costs. and spoke of working with the Housing and Options recommended to address the Transit Community Development Department on neigh- shortfall include implementing a fare increase, borhood initiatives and the Multi-Cultural Center. development of a policy for no-shows and late cancellations, reviewing the various contracts for There being no further business, Cline moved mini-bus service, reviewing the eligibility of to adjourn. Seconded by Connors. Motion current ridership, developing a better process for carried 7-0. The meeting adjourned at 9:17 p.m. bus repairs/maintenance and additional property tax support. /s/ Jeanne F. Schneider, CMC Sarah Davidson, 125 West 9th Street, spoke City Clerk of the importance of the paratransit service and that making the numbers balance should not be the number one priority. She stated that in her opinion neither the mini-bus nor fixed route operations were being run properly. She also spoke of the number of times mini-bus service is requested and denied. Michalski commented that the transit operation needed to be ad- dressed more often than just during the budget process. Parking Division: Michalski requested a breakout of the number of handicapped parking spaces by type – street meters, parking lots, and parking ramps. Jones requested that the use of Special Session, February 21, 2006 59 DUBUQUE thanked the City Council for their assistance in bringing the Center to Dubuque. CITY COUNCIL Rod Tokheim, Mercy Health Center, spoke in OFFICIAL support of the Community Health Center and PROCEEDINGS stated that Mercy is fully committed to it along with The Finley Hospital and Medical Asso- ciates. City Council, Special Session, February 23, Nan Collins, Visiting Nurse Association, spoke 2006 of the positive benefit the Community Health Council met in Special Session at 6:30 P.M. in Center will have on the community. the Library Auditorium Jane McCall, Dubuque Humane Society, Present: Mayor Buol, Council Members Braig, spoke of the positive working relationship Cline, Connors, Jones, Lynch, Michalski, City between the Health Services Department and Manager Van Milligen the Humane Society and thanked the City Council for their support. Mayor Buol read the call and stated this is a special session of the City Council called for the Purchase of Services: purpose of discussing various City departmental Sue Czeshinski, speaking for Steward budgets. Sandstrom of America’s River, provided an overview of upcoming events. Airport Department: Airport Commission Sue Czeshinski, Dubuque Area Chamber of Chairperson Teri Goodmann stated that the Commerce - Convention and Visitors Bureau, Airport is vital to Dubuque and the position of provided a brief update on CVB’s activities. Marketing Director is essential to its success. Kelley Cooper, Dubuque Area Labor Man- She further stated that although the position was agement Council, highlighted projects underta- not recommended for funding, the Commission ken in the past year. would be striving to find ways to fund it. Connors Dan LoBianco, Dubuque Main Street Ltd., and Lynch both agreed that the position was thanked the Council for their support and gave much needed. Michalski questioned what would an update of Main Street’s activities. happen to the land proposed to be purchased Bill Baum, Greater Dubuque Development for the new terminal building if that project did Corporation, expressed appreciation for past not materialize. Goodmann stated the purchase and future funding. at this time is extremely necessary in order for Cathy Fuchs, Prevention Specialist at Helping the Airport to move forward. Services of Northeast Iowa, spoke of the work the organization does. Library Department: Discussion centered on Gary Carstens, Lifetime Center, expressed the amount of staffing available at the Library appreciation to the City for their support and and what would be necessary for the Library to spoke of the Center’s plan to either downsize or be re-opened to the public on Thursday morn- move to a new location. He also stated their ings. The proposed renovation project was also focus was changing more towards health and discussed. wellness for older adults. Tom Stovall, Operation New View, updated the Health Services Department: Council com- Council on the various programs offered by mended Public Health Specialist Mary Rose Operation New View and expressed concerns Corrigan for her work in making the Community about projected Federal budget cuts. He re- Health Center a reality. Michalski questioned quested that City Council submit a letter to whether the Health Services Department would Federal legislators in support of continued be involved with the disaster training (NIMS) that funding for the Community Services Block Grant Council would be receiving in the upcoming Program. He was requested to provide a fact months and also if the City was preparing for the sheet to the City Manager. possibility of a flu epidemic. Steve Jacobs, Project Concern, updated the Sr. Helen Huewe expressed appreciation to City Council on the Child Care Referral Pro- the City Council for funding of the Community gram, Foster Grandparent Program and Infor- Health Center and spoke of what a positive it mation and Referral and thanked the Council for would be for the community. their continued support. John Davis, Business Manager for the Rescue Bob Schroeder, Director of RSVP – Retired Mission, commented that the free clinic at the Senior Volunteer Program, briefly summarized Rescue Mission had over 625 patients in the last RSVP’s activities and the positive role it plays in year and that there was a great need for the the community. He stated that the funding from Community Health Center. the City is critical to its continued operation. Kevin Anderson, recently appointed Executive Diane Thomas, Substance Abuse Services Director of the Community Health Center, Center, expressed appreciation to the City 60 Special Session, March 2, 2006 DUBUQUE Council for their support and spoke of the changes in the area of substance abuse since CITY GOVERNING BOARD the inception of the Center. OF THE MUNICIPAL HOUSING AGENCY There being no further business, Connors moved to adjourn. Seconded by Braig. Motion OFFICIAL PROCEEDINGS carried 7-0. The meeting adjourned at 8:48 p.m. Governing Board of the Municipal Housing /s/ Jeanne F. Schneider, CMC Agency, March 2, 2006 City Clerk Board met at 6:15 P.M. in the Public Library Auditorium Present: Chairperson Buol, Members Braig, Cline, Connors, Lynch, Michalski, Plein Absent: Jones Chairperson Buol read the call and stated this is a session of the Governing Board of the Municipal Housing Agency called for the pur- pose of discussing the FY 2007 Operating Budget for the Assisted Housing Programs of the Housing and Community Development Department. RESOLUTION NO. 63-06 APPROVING THE FISCAL YEAR 2007 OPER- ATING BUDGET FOR THE ASSISTED HOUS- ING PROGRAMS OF THE HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT Whereas, the US Department of Housing and Urban Development (HUD) has required that a governing board be constituted for purposes of approving certain actions of the municipal housing agency; and Whereas, the City Council has duly constituted the governing board of the municipal housing agency of the City of Dubuque by passage of Ordinance No. 5-02; and Whereas, passage of the operating budget for the Assisted Housing Programs of the Housing and Community Development Department is an action required of the governing board; and Whereas, the governing board has determined that approval of the operating budget is in the best interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: The operating budget for the Assisted Housing Programs of the Housing and Community Development Department for Fiscal year 2007 is hereby approved. nd Passed, approved and adopted this 2 day of March 2006. Roy M. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Plein moved adoption of the Resolution. Seconded by Michalski. Motion carried 7-0. There being no further business, Connors moved to adjourn. Seconded by Michalski. Special Session, March 2, 2006 61 DUBUQUE Motion carried 7-0. The meeting adjourned at 6:18 P.M. CITY COUNCIL OFFICIAL /s/ Jeanne F. Schneider, CMC PROCEEDINGS City Clerk City Council, Special Session, March 2, 2006 Council Met in Special Session at 6:30 P.M. in the 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 special session of the City Council called for the purpose of conducting a public hearing on the Fiscal Year 2007 budget and capital improve- ment program. Proofs of publication on Notice of Public Hearing on Budget Estimate for Fiscal Year 2007 and Notice of Public Hearing on Five Year Capital Improvement Program beginning July 1, 2006 through the fiscal year ending June 30, 2011, City Manager’s revised Fiscal Year 2007 budget recommendations, presented and read. Michalski moved that the proofs and communi- cation be received and filed. Seconded by Connors. Motion carried 7-0. Michalski moved that the rules be suspended to allow anyone present to address the Council if they so desire. Seconded by Cline. Motion carried 7-0. Public input and discussion on departments in the following order: Human Rights - Mauro NoegueIra from Brazil spoke and requested that minorities in Dubuque do the diversity training. Marcia Sola spoke in regard to the involvement of minorities in the diversity training. Finance - no comments; Legal – no comments; City Manager’s Office - no comments; City Council – no comments; City Clerk’s Office - no comments; Emergency Communications – no comments; Emergency Management – no comments; Fire Department – no comments; Police Department – no comments; Building Services Department – no comments; Water Department – no comments; Water Pollution Control Plant – no comments; Public Works Department – no comments; Engineering Department – no comments; Civic Center Division – no comments; Recreation Division – no comments, Park Division – no comments; Information Services Department – no com- ments; Cable TV Division – no comments; Economic Development Department – no comments; Parking Division – no comments; 62 Special Session, March 2, 2006 Transit Division – no comments; Library De- Whereas, the capital improvement projects for partment - no comments; Housing and Com-the first year are included in the Fiscal Year munity Development Department – no com-2007 budget for the City of Dubuque; and ments; Airport Department – no comments; Whereas, the five year Capital Improvement Health Services Department – no comments; Program will be reconsidered annually by the Planning Services Department – no comments; City Council and appropriately revised; and Purchase of Services – no comments; Capital Whereas, the adoption of the five year Capital Improvement Program – no comments. Improvement Program is a prudent measure to provide continuity of programs and is in the best Michalski moved that the rules be reinstated interest of the City of Dubuque. limiting discussion to the Council. Seconded by NOW THEREFORE, BE IT RESOLVED BY Cline. Motion carried 7-0. THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Communications from Katie Bahl, Dubuque Section 1. That the five year Capital Improve- Main Street; Susan J. Riedel, Bell Tower Thea-ment Program for the period beginning July 1, ter; and Jeffrey S. Goldsmith, Dubuque Sym-2006, set out in the Fiscal Year 2007-2011 phony Orchestra, in support of continued fund-Recommended Capital Improvement Budget, is ing of the arts and cultural affairs in the City, and hereby approved and adopted as the proposed communication from Chris Olson, President of allocation of City resources for capital improve- the Historic Bluffs Neighborhood Association, in ments as scheduled in the years shown, subject support of the expansion of the COPS Program, to annual review and revision. presented and read. Braig moved that the Passed, approved and adopted this 2nd day communications be received and filed. of March, 2006. Seconded by Cline. Motion carried 7-0. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk RESOLUTION NO. 64-06 Braig moved adoption of the Resolution. ADOPTING THE CITY OF DUBUQUE FISCAL Seconded by Cline. Motion carried 7-0. YEAR 2006 ANNUAL BUDGET RESOLUTION NO. 66-06 NOW THEREFORE, BE IT RESOLVED BY ADOPTING THE FISCAL YEAR 2007 (PRO- THE CITY COUNCIL OF THE CITY OF DUBU- GRAM YEAR 2006) COMMUNITY DEVELOP- QUE, IOWA: MENT BLOCK GRANT (CDBG) ANNUAL Section 1. That the annual budget for the fiscal PLAN year ending June 30, 2007, as set forth in the Adoption of Budget and Certification of Taxes Whereas, the City of Dubuque has, through a and supporting state budget forms showing the series of public meetings and hearings, finalized revenue estimates and appropriation expendi-a Fiscal Year 2007 (Program Year 2006) Com- tures and allocations to programs and activities munity Development Block Grant Annual Action for said fiscal year, as amended, is adopted. Plan addressing both housing and non-housing Section 2. The City Clerk is directed to make needs in the community; and the filings required by law. Whereas, copies of the draft Fiscal Year 2007 Passed, approved and adopted this 2nd day (Program Year 2006) CDBG Annual Plan have of March, 2006. been available for public comment 30 days prior Roy D. Buol, Mayor to City Council action; and Attest: Jeanne F. Schneider, City Clerk Whereas, the City's Community Development Braig moved adoption of the Resolution. Advisory Commission has reviewed and rec- Seconded by Cline. Motion carried 7-0. ommended adoption of the Annual Plan; and Whereas, the City Council held a public hear- RESOLUTION NO. 65-06 ing on the proposed plan on February 21, 2006 ADOPTING THE CITY OF DUBUQUE FIVE and approved the FY 2007 Annual Plan as YEAR CAPITAL IMPROVEMENT PROGRAM amended. Whereas, a recommended five year Capital NOW, THEREFORE, BE IT RESOLVED BY Improvement Program for the period beginning THE CITY COUNCIL OF THE CITY OF DUBU- July 1, 2006, and ending June 30, 2011, for the QUE, IOWA: City of Dubuque has been prepared and submit- Section 1. That the Community Development ted to the City Council; and Block Grant Annual Action Plan, attached hereto Whereas, the five year Capital Improvement as Exhibit A and by this reference made a part Program describes specific capital improvement hereof, is hereby adopted. projects, provides estimated costs for those Section 2. That the City Manager is hereby projects, proposes sources of funds for each of authorized and directed to prepare and to submit them, and schedules the year during which each to the United States Department of Housing and project will be undertaken; and Urban Development the Fiscal Year 2007 (Program Year 2006) Annual Action Plan for the Special Session March 2, 2006 63 use of Community Development Block Grant Passed, approved and adopted this 2nd day funds based on this adopted budget. of March, 2006. Passed, approved and adopted this 2nd day of Roy D. Buol, Mayor March 2006. Attest: Jeanne F. Schneider, City Clerk Roy D. Buol, Mayor Published officially in the Telegraph Herald th Attest: Jeanne F. Schneider, City Clerk newspaper this 15 day of March, 2006. Braig moved adoption of the Resolution. Jeanne F. Schneider, City Clerk Seconded by Cline. Motion carried 7-0. 1t 3/15 Michalski moved that the requirement that a An Ordinance Amending the Code of Ordin-proposed Ordinance be considered and voted ances of the City of Dubuque, Iowa, Sections on for passage at two Council Meetings prior to 44-201(a) Fixing water rates for residential, the meeting at which it is to be finally passed be commercial, industrial, and all other uses, suspended. Seconded by Lynch. Motion carried presented and read. 7-0. Michalski moved final consideration and passage of the Ordinance. Seconded by Lynch. OFFICIAL PUBLICATION Motion carried 7-0. ORDINANCE NO. 17-06 AMENDING THE CITY OF DUBUQUE CODE An Ordinance amending the City of Dubuque OF ORDINANCES SECTION 44-201(a) FIXING Code of Ordinances Section 44-202 Fixing water WATER RATES FOR RESIDENTIAL, COM- rates for fire sprinkler services, presented and MERCIAL, INDUSTRIAL, AND ALL OTHER read. USES OFFICIAL PUBLICATION NOW, THEREFORE, BE IT ORDAINED BY ORDINANCE NO. 18-06 THE CITY COUNCIL OF THE CITY OF DUBU- AMENDING THE CITY OF DUBUQUE CODE QUE, IOWA: OF ORDINANCES SECTION 44-202 FIXING Section 1. Section 44-201(a) of the City of WATER RATES FOR FIRE SPRINKLER Dubuque Code of Ordinances is hereby SERVICE amended to read as follows: Section 44-201. Residential, Commercial, NOW, THEREFORE, BE IT ORDAINED BY Industrial and All Other Uses. THE CITY COUNCIL OF THE CITY OF DUBU- (a) The rates to be charged for water for QUE, IOWA: residential, commercial, industrial and all other Section 1. Section 44-202 of the City of uses and purposes by any person, firm or Dubuque Code of Ordinances is hereby corporation within the City shall be based on amended to read as follows: units of one-hundred cubic feet (748 gallons) as Section 44-202 Fire Sprinkler Service follows: (a) Customers who have fire sprinkler service Monthly Consumption (in Hundreds of Cubic shall be billed for this service on a monthly Feet) / Charge Per Hundred Cubic Feet basis. The monthly charge shall be as follows: NUMBER OF HEADS CURRENT First 30 $1.80 MONTHLY CHARGES Next 120 $1.47 Next 350 $1.36 Up to 200 (minimum monthly charge) $ 10.76 Next 500 $1.21 200-300 $ 12.92 Next 1,000 $1.06 300-400 $ 15.07 Rates shall be subject to the following mini- 400-600 $ 17.21 mum monthly charge according to the size of the 600-800 $ 19.36 meter 800-1,000 $ 21.53 Meter Size (Inches) 1,000-1,200 $ 23.68 Monthly Consumption 1,200-1,400 $ 25.81 (In Hundreds of Cubic Feet) 1,400-1,600 $ 27.98 Minimum Charge 1,600-1,800 $ 30.13 5/8 2 $ 3.60 1,800-2,000 $ 32.27 ¾ 5 $ 9.00 2,000-2,200 $ 34.43 1 8 $ 14.40 2,200-2,400 $ 36.56 1 ½ 26 $ 46.80 2,400-2,600 $ 38.73 2 46 $ 77.52 2,600-2,800 $ 40.89 3 106 $ 165.72 2,800-3,000 $ 43.09 4 168 $ 254.88 3,000-3,500 $ 45.18 6 368 $ 526.88 Over 3,500 (for each additional 500 heads or 8 625 $ 857.65 fraction thereof) $ 2.16 A $5.00 minimum monthly charge will be Section 2. This Ordinance shall take effect July assessed for meters not in service. 1, 2006. nd Section 2. This Ordinance shall take effect July Passed, approved and adopted this 2 day of 1, 2006. March, 2006. 64 Special Session, March 2, 2006 Roy D. Buol, Mayor on for passage at two Council Meetings prior to Attest: Jeanne F. Schneider, City Clerk the meeting at which it is to be finally passed be Published officially in the Telegraph Herald suspended. Seconded by Lynch. Motion carried th newspaper this 15 day of March, 2006 and 7-0. Michalski moved final consideration and republished June 20, 2006. passage of the Ordinance. Seconded by Lynch. Jeanne F. Schneider, City Clerk Motion carried 7-0. 1t 3/20 & 6/20 Michalski moved that the requirement that a An Ordinance amending the City of Dubuque proposed Ordinance be considered and voted Code of Ordinances Section 40-1 Defining food on for passage at two Council Meetings prior to scraps and other compostable materials, pre- the meeting at which it is to be finally passed be sented and read. suspended. Seconded by Lynch. Motion carried OFFICIAL PUBLICATION 7-0. Michalski moved final consideration and ORDINANCE NO. 20-06 passage of the Ordinance. Seconded by Lynch. AMENDING CITY OF DUBUQUE CODE OF Motion carried 7-0. ORDINANCES SECTION 40-1 DEFINING FOOD SCRAPS AND OTHER COMPOST- An Ordinance amending the Code of Ordin- ABLE MATERIALS ances of the City of Dubuque, Iowa, Sections 44-83(a)(2) and 44-83(a)(3)g establishing basic NOW, THEREFORE, BE IT ORDAINED BY sewer rates for residential and commercial users CITY COUNCIL OF THE CITY OF DUBUQUE, by increasing the rates, presented and read. IOWA: Section 1. Section 40-1 of the City of Dubuque OFFICIAL PUBLICATION Code of Ordinances is hereby amended to read ORDINANCE NO. 19-06 as follows: AMENDING THE CITY OF DUBUQUE CODE Sec. 40-1. Definitions: OF ORDINANCES SECTIONS 44-83(a)(2) and For the purpose of this chapter the following 44-83 (a) (3)g ESTABLISHING BASIC SEWER definitions shall apply: RATES FOR RESIDENTIAL AND COMMER- Building Materials: Any material such as CIAL USERS BY INCREASING THE RATES lumber, floor coverings, brick, plaster, sheet NOW, THEREFORE, BE IT ORDAINED BY metal or any other substances accumulated as a THE CITY COUNCIL OF THE CITY OF DUBU-result of repairs or additions to existing build- QUE, IOWA: ings, construction of new buildings or demolition Section 1. Section 44-83 (a)(2) of the City of of existing structures. Class I Premises: Dubuque Code of Ordinances is amended to Shall mean and include: read as follows: (1) Single-family dwellings; Section 44-83 (a)(2) Schedule of Rates: (2) Multiple-family dwellings up to and including Rates per each one hundred (100) cubic six (6) dwelling units. feet $1.97 (3) Dwelling units in business or commercial Section 2. Section 44-83 (a)(3)g of the City of premises. Dubuque Code of Ordinances is amended to Where two (2) or more laterally connected or read as follows: joined dwelling units, including condominiums, Where the quantity of water consumed is such townhouses and row houses, in which each that the minimum service is charged, the mini-dwelling unit has separate access and utility mum sewer service charge, according to the service, each dwelling unit shall constitute a size of the meter, shall be as follows: single-family dwelling. Class II Premises: Meter size Minimum Allowance Residential premises other (inches) Charge (cubic feet) than class I residential premises, including: (1) Dwellings in trailer courts; 5/8 $3.95 200 (2) Schools, colleges, churches, convents, 3/4 $9.86 500 nursing homes, rooming houses and other 1 or larger $15.78 800 semiprivate institutions; and Section 3. This Ordinance shall take effect (3) Multiple-family dwellings exceeding six (6) upon publication. nd dwelling units. Passed, approved and adopted this 2 day of Class III Premises: All business and commercial March, 2006. premises, including that part of a residential Roy D. Buol, Mayor premises with a business or commercial use. Attest: Jeanne F. Schneider, City Clerk Dwelling: Shall mean and include any building or Published officially in the Telegraph Herald th portion thereof containing one or more dwelling newspaper this 17 day of March, 2006. units. Jeanne F. Schneider, City Clerk Dwelling Unit: Shall mean and include one or 1t 3/17 more connected rooms having complete kitchen Michalski moved that the requirement that a proposed Ordinance be considered and voted Special Session March 2, 2006 65 facilities and arranged, designed or used as resources. Yard waste does not include tree living quarters for one family only. stumps. (Ord. 54-93, § 1, 9-20-1993; Ord 19-97, Food Scraps: S olid, semisolid and liquid animal § 1, 3-4-1997, eff. 7-1-1997) and vegetable residuals resulting from the Section 2. This ordinance shall take effect on handling, preparing, cooking, storing, serving the 3rd day of April, 2006. and consuming of food. Passed, approved and adopted this 2nd day of Garbage: All solid and semisolid, putrescible March, 2006. animal and vegetable wastes resulting from the Roy D. Buol, Mayor handling, preparing, cooking, storing, serving Attest: Jeanne F. Schneider, City Clerk and consuming of food or of material intended Published officially in the Telegraph Herald th for use as food, and all offal, excluding useful newspaper this 15day of March, 2006. industrial byproducts, and shall include all such Jeanne F. Schneider, City Clerk substances from all public and private estab-1t 3/15 lishments and from all residences. Michalski moved that the requirement that a Hazardous Wastes: Waste materials, including, proposed Ordinance be considered and voted but not limited to, poisons, pesticides, herbi-on for passage at two Council Meetings prior to cides, acids, caustics, biohazardous wastes, the meeting at which it is to be finally passed be flammable or explosive materials and similar suspended. Seconded by Lynch. Motion carried harmful wastes which require special handling 7-0. Michalski moved final consideration and and which must be disposed of in such a man-passage of the Ordinance. Seconded by Lynch. ner as to conserve the environment and protect Motion carried 7-0. the public health and safety. Other Compostable Materials: Napkins, plates, An Ordinance Amending the City of Dubuque cups, bowls, towels, tissues, and take-out Code of Ordinances Section 40-37 paragraphs containers made from paper as well as other (a),(b), (c), and(e) establishing charges for the materials as approved by the city manager. collection and disposal of solid waste materials, Owner: In addition to the record titleholder, any presented and read. person residing in, renting, leasing, occupying, OFFICIAL PUBLICATION operating or transacting business in any premis- ORDINANCE NO. 21-06 es and as between such parties, the duties, AMENDING CITY OF DUBUQUE CODE OF responsibilities, liabilities and obligations hereaf- ORDINANCES SECTION 40-37 PARA- ter imposed shall be joint and several. GRAPHS (a), (b), (c), and (e) ESTABLISHING Premises: A building or part of a building and its CHARGES FOR THE COLLECTION AND grounds. DISPOSAL OF SOLID WASTE MATERIALS Recyclable Materials: Materials, including, but not limited to, food container glass, aluminum, NOW, THEREFORE, BE IT ORDAINED BY steel (tin) cans, #1 and #2 plastic bottles, uncon-CITY COUNCIL OF THE CITY OF DUBUQUE, taminated newspapers and glossy paper (maga-IOWA: zines). Newspapers and glossy paper shall be Section 1. Section 40-37, paragraphs (a), (b), considered uncontaminated if they have not (c), and (e), of the City of Dubuque Code of been exposed to substances or conditions Ordinances are hereby amended to read as rendering them unusable for recycling. follows: Refuse: Putrescible and nonputrescible wastes Sec. 40-37. Charges-Amounts; Exceptions1: including, but not limited to, garbage, rubbish, (a) Class I Premises: Except as qualified ashes, incinerator ash, incinerator residues, below, a fee of nine dollars and forty six cents street cleanings, market and industrial solid ($9.46) per dwelling unit per month shall be paid wastes and sewage treatment wastes in dry or to the city by the property owner of each class I semisolid form. premises for such services. Said fee shall be in Rubbish: Nonputrescible solid waste consisting payment for collection and disposal of one 35- of combustible and noncombustible wastes, gallon can or one 35-gallon trash bag of "solid such as furniture, appliances, tires, building waste" as defined in this chapter. There is no materials or similar wastes. limit on the number of bins allowed to be col- Solid Waste: Garbage, refuse, rubbish, and lected containing acceptable "recyclable mate- other similar discarded solid or semisolid mate-rials" as defined in this chapter. Exceptions to rials, including, but not limited to, such materials the collection charges for class I premises are resulting from industrial, commercial, agricultur-as follows: al, and domestic activities. Solid waste includes (1) When a class I premises has been vehicles. Solid waste does not include toxic and vacant for a period not less than three (3) hazardous wastes as defined by the Iowa consecutive months, the owner may apply to the department of natural resources. city manager for a credit under procedures to be Yard Waste: Debris such as grass clippings, established by the city manager. Such credit leaves, garden wastes, brush and trees as shall continue only so long as the class I pre- defined by the Iowa department of natural mises is vacant. 66 Special Session, March 2, 2006 (2) Class I premises when the head of the the beginning of the next billing period after such household is sixty five (65) years of age or older fourteen (14) day notice period. and has an annual income equal to or less than (d) Class I, II Or III Premises: Collection the income standards used by HUD for its options and charges under unit based pricing for "section eight (8) housing program" for one- and class I, II and III premises are as follows: two-person households may, upon application to (1) A yearly subscription for weekly collection the city manager, be exempted from one-half of an additional standard solid waste container, (1/2) the established collection charge. After the or containers, may be subscribed for an addi- initial application, annual application shall be tional five dollars ($5.00) each per month. The made by the head of household on July 1 of subscription ends each year on June 30. A each year to verify annual income and eligibility. subscription may not be canceled before June (3) In cases of extreme financial hardship, the 30. city manager, may and is hereby authorized and (2) A three (3) month subscription for weekly empowered to, make adjustments in the monthly collection of an additional standard solid waste collection charges as the city manager may container, or containers, may be subscribed for deem appropriate. In such cases, the city an additional five dollars ($5.00) each per manager shall have the authority to require such month. The four (4) subscription periods are proof of vacancy, financial status, age or ex-July, August and September; October, Novem- treme hardship, as the city manager may deem ber and December; January, February and necessary. March; and, April, May and June. A subscription (4) Class I premises when a family household may not be canceled. of five (5) or more persons has an annual (3) Oversize, nonstandard rigid solid waste income equal to or less than the income stan-containers of up to fifty (50) gallons in capacity dards used by HUD for its "section eight (8) may be subscribed as the one container covered housing program" for the size of that household under the base monthly solid waste fee for an may, upon application to the city manager, be additional two dollars ($2.00) per month. Such exempted from one-half (1/2) the established containers shall be holders for standard trash collection charge. After the initial application, bags for manual removal by city crews, shall not annual application shall be made by the head of contain any loose material, and shall not be household on July 1 of each year to verify lifted and dumped by crews. Individual trash annual income and eligibility. bags held in the oversized container shall weigh (b) Class II Premises: A fee of nine dollars no more than forty (40) pounds. and forty six cents ($9.46) per month shall be (4) A yearly subscription for weekly collection paid to the city by the property owner of each of an additional oversized solid waste container, class II premises for such services. Said fee or containers, may be subscribed for an addi- shall be in payment for collection and disposal of tional seven dollars ($7.00) each per month. The one 35-gallon can or one 35-gallon trash bag of subscription ends each year on June 30. A "solid waste" as defined. There is no limit on the subscription may not be canceled before June number of bins allowed to be collected contain-30. ing acceptable "recyclable materials" as defined. (5) A three (3) month subscription for weekly The owner of a class II premises served by the collection of an additional oversize solid waste city solid waste collection may provide the city container, or containers, may be subscribed for manager with not less than fourteen (14) days' an additional seven dollars ($7.00) each per written notice of intent to terminate the service. month. The four (4) subscription periods are Such termination of service shall be effective at July, August and September; October, Novem- the beginning of the next billing period after such ber and December; January, February and fourteen (14) day notice period. March; and, April, May and June. A subscription (c) Class III Premises: A fee of nine dollars may not be canceled. and forty six cents ($9.46) per month shall be (6) Solid waste carts, owned by the city for paid to the city by the property owner of each semi automated lifting, may be subscribed by class III premises for such services. Said fee owners and/or property managers of class I, II shall be in payment for collection and disposal of and III premises. The customer shall choose the one 35-gallon can or one 35-gallon trash bag of number and size of the cart. The fee for a sixty- "solid waste" as defined. There is no limit on the five (65) gallon city cart shall be eighteen dollars number of bins allowed to be collected contain-and fifty cents ($18.50) each per month. The fee ing acceptable "recyclable materials" as defined. for a ninety-five (95) gallon city cart shall be The owner of a class III premises served by city twenty seven dollars ($27.00) each per month. solid waste collection may provide the city (7) Official city of Dubuque single use manager with not less than fourteen (14) days' stickers costing one dollar and twenty cents written notice of intent to terminate the service. ($1.20) shall be applied to each additional Such termination of service shall be effective at standard solid waste container or small bulky or bundled item in excess of the one standard solid Special Session March 2, 2006 67 waste container collected under the base monthly solid waste fee or any additional sub- An Ordinance amending the City of Dubuque scribed container(s). Code of Ordinances Section 40-39 by amending (8) Multiple-family dwellings of three (3), four paragraph (b), adding a new paragraph (e) and (4), five (5), and, six (6) dwelling units as well as renumbering former paragraph (e) as paragraph class II or class III premises sharing a common (f), establishing rules and charges for the collec- set out location with other city solid waste tion and disposal of food scraps and other customers shall only use approved rigid solid household compostable materials with yard waste containers with permanent identification waste materials, presented and read. as to the specific premises. However, for the two OFFICIAL PUBLICATION (2) weeks following Christmas excess solid ORDINANCE NO. 22-06 waste may be set out in trash bags with applied AMENDING CITY OF DUBUQUE CODE OF city of Dubuque single use stickers. ORDINANCES SECTION 40-39 BY AMEND- (e) Special Collection: The charge for a ING PARAGRAPH (b), ADDING A NEW special collection service for large and bulky PARAGRAPH (e), AND RENUMBERING rubbish to each dwelling unit receiving such FORMER PARAGRAPH (e) AS PARAGRAPH service when requested by the owner shall be (f), ESTABLISHING RULES AND CHARGES as follows: FOR THE COLLECTION AND DISPOSAL OF (1) A fee of seven dollars ($7.00) shall be FOOD SCRAPS AND OTHER HOUSEHOLD paid by the owner for each time the service is COMPOSTABLE MATERIALS WITH YARD provided for up to the equivalent of three (3) WASTE MATERIALS. cubic yards of solid waste. (2) An additional fee of seven dollars ($7.00) NOW, THEREFORE, BE IT ORDAINED BY shall be paid for each additional three (3) cubic CITY COUNCIL OF THE CITY OF DUBUQUE, yards of solid waste. IOWA: (3) An additional fee for tires, equal to the Section 1. Section 40-39 (b) of the City of disposal fees charged at the Dubuque Metro Dubuque Code of Ordinances is hereby landfill, shall be paid to the city by the owner for amended to read as follows: each tire. Sec. 40-39. Yard Waste And Food Scraps: (4) An additional fee of twelve dollars and (a) Yard waste shall be separated by the fifty cents ($12.50) shall be paid to the city by owner of a premises from all other solid waste. the owner for each appliance collected in the (b) An owner may compost such person's own service. yard waste and food scraps on such person's (5) An additional fee of ten dollars ($10.00) own premises provided the same is stored in shall be paid to the city by the owner for each such a manner as to not create a fire, health or collection requested by the owner to be sche-safety hazard. duled for service on a day not receiving weekly (c) Yard waste that has not been composted collection at the service address. by the owner of the premises shall be collected (6.) An additional fee of ten dollars ($10.00) by the city not more than once each week shall be paid to the city by the owner for each according to the collection schedule established collection requested by the owner to be sche-by the city manager from April through Novem- duled for immediate service or whenever crews ber each year. Christmas trees shall be col- are sent back to the service address to collect lected separately from all other solid waste once items that were not properly set out on time as each week for two (2) weeks after the Christmas previously scheduled. holiday according to the provisions of this Section 2. This ordinance shall take effect on chapter. the 1st day of July, 2006. (d) Yard waste collected by the city shall be Passed, approved and adopted this 2nd day of placed in degradable paper bags with an affixed March, 2006. single use tag or in permanent waste containers Roy D. Buol, Mayor with an affixed single use tag or in permanent Attest: Jeanne F. Schneider, City Clerk waste containers with an affixed annual yard Published officially in the Telegraph Herald waste permit or be contained by tying devices th newspaper this 15 day of March, 2006. approved by the city manager. The charges for Jeanne F. Schneider, City Clerk collection and disposal of "yard waste" as 1t 3/15 defined shall be as follows: Michalski moved that the requirement that a (1) The fee for tying devices approved by the proposed Ordinance be considered and voted city manager shall be one dollar and 20 cents on for passage at two Council Meetings prior to ($1.20) each. the meeting at which it is to be finally passed be (2) The fee paid to the city by a property suspended. Seconded by Lynch. Motion carried owner for an annual yard waste permit for a 7-0. Michalski moved final consideration and permanent waste container shall be twenty six passage of the Ordinance. Seconded by Lynch. dollars ($26.00) each through June 30 of each Motion carried 7-0. year. The fee shall be reduced by one-half (1/2) 68 Special Session, March 2, 2006 on July 1 of each year, and again by one-half Section 1. That City of Dubuque Code of Or- (1/2) on September 1 of each year. A permit dinances Section 44-274(d) is amended to read shall only be used by the property owner who as follows: purchased it. (d) The SFU rate to be applied to residential (3) The fee for single use tags shall be one and nonresidential properties shall be as follows: dollar and twenty cents ($1.20) each. (1) For the period July 1, 2006 through June Section 2. The following new Section is hereby 30, 2007 the SFU rate shall be $2.25 per SFU; adopted: (2) For the period July 1, 2007 through June (e) Subscribers to the food scrap collection 30, 2008 the SFU rate shall be $3.25 per SFU; pilot program, commencing April 3, 2006, and (3) For the period July 1, 2008 through June ending November 30, 2007, shall set out city-30, 2009 the SFU rate shall be $4.00 per SFU; owned carts containing food scraps and other (4) For the period July 1, 2009 through June compostable materials. 30, 2010 the SFU rate shall be $4.25 per SFU; (1) Such carts shall be co-collected with yard (5) For the period July 1, 2010 through June waste from April through November. 30, 2011 the SFU rate shall be $4.25 per SFU; (2) Such carts shall be set out with attached (6) For the period July 1, 2011 through June annual yard waste permits or single use tags as 30, 2033 the SFU rate shall be $5.00 per SFU. nd approved by the city manager. Passed, approved and adopted this 2 day (3) Such carts shall be set out weekly to of March, 2006. reduce potential nuisance concerns. Failure to /s/ Roy D. Buol, Mayor use, store or set out the cart properly shall Attest: /s/ Jeanne F. Schneider, City Clerk cause the subscription to be terminated. Published officially in the Telegraph Herald th Section 3. Section 40-39 (e) is renumbered newspaper this 15 day of March, 2006. and adopted as follows: /s/ Jeanne F. Schneider, City Clerk (f) No person shall deposit any yard waste or Michalski moved that the requirement that a food scraps in any public right of way. (Ord. 54-proposed Ordinance be considered and voted 93, § 1, 9-20-1993; Ord. 16-95, § 1, 3-8-1995; on for passage at two Council Meetings prior to Ord. 16-96, § 1, 3-18-1996; Ord. 14-02, § 3, 3-5-the meeting at which it is to be finally passed be 2002) suspended. Seconded by Lynch. Motion carried Section 4. This ordinance shall take effect on 7-0. Michalski moved final consideration and the 3rd day of April, 2006. passage of the Ordinance. Seconded by Lynch. Passed, approved and adopted this 2nd day of Motion carried 7-0. March, 2006. /s/ Roy D. Buol, Mayor An Ordinance Amending Section 32-314 of the Attest: /s/ Jeanne F. Schneider, City Clerk City of Dubuque Code of Ordinances – Meters – Published officially in the Telegraph Herald Time and Fee Schedules for Specific Lots, th newspaper this 15 day of March, 2006. presented and read. /s/ Jeanne F. Schneider, City Clerk OFFICIAL PUBLICATION 1t 3/15 ORDINANCE NO. 24-06 Michalski moved that the requirement that a AMENDING SECTION 32-314 OF THE CITY proposed Ordinance be considered and voted OF DUBUQUE CODE OF ORDINANCES on for passage at two Council Meetings prior to METERS – TIME AND FEE SCHEDULES FOR the meeting at which it is to be finally passed be SPECIFIC LOTS suspended. Seconded by Lynch. Motion carried 7-0. Michalski moved final consideration and NOW, THEREFORE, BE IT ORDAINED BY passage of the Ordinance. Seconded by Lynch. THE CITY COUNCIL OF THE CITY OF DUBU- Motion carried 7-0. QUE, IOWA: Section 1. Section 32-314 of the City of An Ordinance amending the City of Dubuque Dubuque Code of Ordinances is amended to Code of Ordinances Section 440274(d) SFU read as follows: Rate, Charges, Utility Revenues for the Storm- Section 32-314. Meters-Time and Fee Sche- water Utility, presented and read. dule for Specific Lots: Parking meters on municipally owned parking OFFICIAL PUBLICATION lots, when installed and properly operated, shall ORDINANCE NO. 23-06 show legal parking upon and after the deposit of AMENDING CITY OF DUBUQUE CODE OF United States coins, and in the nonmetered ORDINANCES SECTION 44-247(d) SFU parking lots, parking spaces shall be reserved in RATE, CHARGES, UTILITY REVENUES. accordance with the following schedules: NOW, THEREFORE, BE IT ORDAINED BY (1) On parking lots no. 1, 2, 3, 5, 6, 7 and 10 the THE CITY COUNCIL OF THE CITY OF DUBU-amount of fee shall be displayed on each QUE, IOWA: parking meter and shall indicate the period of time allowed for the particular United States coin Special Session March 2, 2006 69 nd deposit after meter has been placed in opera- Passed, approved and adopted this 2 day of tion. The maximum parking time allowed shall March, 2006. be indicated on the parking meter assigned to /s/ Roy D. Buol, Mayor the meter space to which it applies. Attest: /s/ Jeanne F. Schneider, City Clerk (2) On parking lot no. 3, reserved parking for Published officially in the Telegraph Herald th each space for the sixteen (16) parking spaces newspaper this 15 day of March, 2006. for which parking meters have not been installed /s/ Jeanne F. Schneider, City Clerk shall be rented through lease and agreement 1t 3/15 approved by city council. Michalski moved that the requirement that a (3) On parking lot no. 5, reserved parking for proposed Ordinance be considered and voted each space for which a parking meter has not on for passage at two Council Meetings prior to been installed shall be reserved by the city for the meeting at which it is to be finally passed be assignment by the city manager for purposes of suspended. Seconded by Lynch. Motion carried carrying out the business of city government. 7-0. Michalski moved final consideration and (4) On parking lot no. 10, reserved parking for passage of the Ordinance. Seconded by Lynch. nonmetered spaces shall be between the hours Motion carried 7-0. of six o’clock (6:00) A.M. and six o’clock (6:00) P.M. daily excluding Saturdays, Sundays and An Ordinance Amending the City of Dubuque holidays at a monthly rate of thirty-seven Code of Ordinances by adding Section 32-306 ($37.00), payable each month. Establishing Special Use Fees for the Municipal (5) On parking lot no. 12, reserved parking for Parking Garages, presented and read. nonmetered spaces shall be between the hours OFFICIAL PUBLICATION of six o’clock (6:00) A.M. and six o’clock (6:00) ORDINANCE NO. 25-06 P.M. daily, excluding Saturdays, Sundays and ADDING SECTION 32-306 OF THE CITY OF holidays at a monthly rate of twenty five dollars DUBUQUE CODE OF ORDINANCES ESTAB- ($25.00), payable each month. LISHING SPECIAL USE FEES FOR THE (6) On parking lot no. 2, reserved parking for MUNICIPAL PARKING GARAGES each space for the thirty (30) parking spaces for which parking meters have not been installed NOW, THEREFORE, BE IT ORDAINED BY shall be rented through a lease agreement THE CITY COUNCIL OF THE CITY OF DUBU- approved by city council. Reserved parking for QUE, IOWA: nonmetered spaces shall be between the hours Section 1. Chapter 32 of City of Dubuque of six o’clock (6:00) A.M. and six o’clock (6:00) Code of Ordinances is hereby amended by P.M. daily, excluding Saturdays, Sundays and adding the following new section: holidays at a monthly rate of twenty seven Section 32-306 Establishing Special Use Fees dollars ($27.00), payable each month. for Municipal Parking Garages: (7) On parking lot no. 1, reserved parking for The City Manager is authorized to establish each space for the thirty (30) parking spaces for fees and charges for the rental of municipal which parking meters have not been installed parking garages for special events. shall be rented through a lease agreement Section 2. This ordinance shall take effect July approved by city council. Reserved parking for 1, 2006. nonmetered spaces shall be between the hours /s/ Roy D. Buol, Mayor of six o’clock (6:00) A.M. and six o’clock (6:00) Attest: /s/ Jeanne F. Schneider, City Clerk P.M. daily, excluding Saturdays, Sundays and Published officially in the Telegraph Herald th holidays at a monthly rate of twenty seven Newspaper the 15 day of March, 2006. dollars ($27.00), payable each month. /s/Jeanne F. Schneider, CMC, City Clerk Notice of such restrictions, as provided for in this 1t 3/15 section, shall be displayed at each lot. The owner or operator of any vehicle who shall Michalski moved that the requirement that a receive notice either personally or by the attach-proposed Ordinance be considered and voted ing of such notice to said vehicle if said vehicle on for passage at two Council Meetings prior to is parked in violation of this section shall, when the meeting at which it is to be finally passed be such notice is served upon such owner or suspended. Seconded by Lynch. Motion carried operator or attached to said vehicle, pay to the 7-0. Michalski moved final consideration and city treasurer as a penalty for such violation the passage of the Ordinance. Seconded by Lynch. sum of seven dollars ($7.00). Motion carried 7-0. In addition the foregoing, the City Manager is authorized to establish fees and charges for the Michalski expressed regret that the decision rental of city parking lots or areas for special packages regarding youth activities in the events. Recreation Division budget could not be funded Section 2. This ordinance shall take effect on July 1, 2006. 70 Regular Session, March 6, 2006 DUBUQUE and requested they be looked at again during the next budget process. CITY COUNCIL Braig spoke stressing that additional staffing OFFICIAL requests by the various departments were PROCEEDINGS important and that this would be one of her priorities in future years. Cline expressed appreciation to the Budget City Council, Regular Session, March 6, 2006 Director and City Manager for their response to Council met in Regular Session at 6:30 P.M. in her questions regarding funding of overtime the Library Auditorium versus additional staff. Present: Mayor Buol, Council Members Braig, Buol thanked City Manager Van Milligen, Cline, Connors, Jones, Lynch, Michalski, Assis- Budget Director Dawn Lang, and the department tant City Manager Steinhauser, City Attorney heads for another outstanding year. Lindahl There being no further business, Cline moved Mayor Buol read the call and stated this is a to adjourn. Seconded by Connors. Motion regular session of the City Council called for the carried 7-0. The meeting adjourned at 6:51 P.M. purpose of discussing such matters which may properly come before the City Council. /s/ Jeanne F. Schneider, CMC City Clerk Invocation was given by Reverend Joan Haug, Chaplain of Mercy Health Center Proclamation: Mental Retardation Awareness Month (March 2006) received by Julie Jordahl of ARC Advocates CONSENT ITEMS Minutes and Reports Submitted: City Council of 2/14, 2/20, 2/21, and 2/23; Housing Commis- sion Trust Fund Committee of 6/23; Park and Recreation Commission of 2/14; Zoning Board of Adjustment of 2/23, presented and read. Connors moved that the minutes be received and filed. Seconded by Cline. Motion carried 7- 0. Proofs of publication of City Council Proceed- ings of February 6 and February 7, 2006 and List of Claims and Summary of Revenues for month ending January 31, 2006, presented and read. Connors moved that the proofs be re- ceived and filed. Seconded by Cline. Motion carried 7-0. Notice of Claims/Suits: Tina Marie Hessel vs. City of Dubuque, et al, presented and read. Connors moved that the communication be received and filed and referred to the City Attorney for investigation/report. Seconded by Cline. Motion carried 7-0. City Attorney recommending settlement of the claim of Randy Seay for property damage and directing the Finance Department to issue payment, presented and read. Connors moved that the communication be received and filed and concurred and Finance Department to issue payment. Seconded by Cline. Motion carried 7- 0. Regular Session March 6, 2006 71 Iowa State University – Dubuque County ment to Iowa Code §364.2 to clarify a city’s Extension: Nancy Everman, County Extension authority to charge a franchise fee to a utility Education Director, submitting the annual based on the gross revenue from the sale of the Stakeholders Report for Dubuque County, utility’s product, presented and read. Connors presented and read. Connors moved that the moved that the communications be received and communication be received and filed. Seconded filed. Seconded by Cline. Motion carried 7-0. by Cline. Motion carried 7-0. City Manager correspondence to Senators Mike Connolly, Tom Hancock, and Roger U.S. Conference of Mayors: City Manager Stewart encouraging them to oppose SSB 3146 recommending approval of funding for the City that establishes a State Communication Fran- of Dubuque to participate in the U.S. Conference chise which would, as proposed, eliminate all of Mayors beginning in Fiscal Year 2006, existing municipal franchise agreements and presented and read. Connors moved that the replace them with a State Franchise Agreement, communication be received and filed and presented and read. Connors moved that the approved recommendation. Seconded by Cline. communications be received and filed. Motion carried 7-0. Seconded by Cline. Motion carried 7-0. City Manager correspondence to Representa- Legislative Correspondence: tives Pam Jochum, Pat Murphy, Thomas City Manager correspondence to area legisla-Schueller, Steve Lukan, and Ray Zirkelbach tors urging a “no” vote on HSB 697 and SSB urging them to oppose HSB 670, which estab- 3179 – Deferred Retirement Option Plan lishes a State Communication Franchise which (DROP), presented and read. Connors moved would, as proposed, eliminate all existing that the communication be received and filed. municipal franchise agreements and replace Seconded by Cline. Motion carried 7-0. them with a State Franchise Agreement, pre- City Manager correspondence to members of sented and read. Connors moved that the the State Senate Judiciary Committee, Ways communications be received and filed. and Means Committee, Local Government Seconded by Cline. Motion carried 7-0. Committee and local legislators encouraging their opposition to HF 2351 regarding changes University Avenue Embankment Stabilization to the requirements when a city is considering Project: City Manager recommending approval the use of eminent domain, presented and read. to hire IIW Engineers & Surveyors, P.C. to Connors moved that the communication be complete the engineering design services for the received and filed. Seconded by Cline. Motion University Avenue Embankment Stabilization carried 7-0. Project in an amount not to exceed $13,900, City Manager correspondence to local State presented and read. Connors moved that the Representatives advising that he has written to communication be received and filed and members of the State Senate encouraging approved recommendation. Seconded by Cline. opposition to HF 2351 regarding eminent Motion carried 7-0. domain and City Manager correspondence to local legislators encouraging their opposition to University Avenue Culvert Extension/Sanitary HF 2321 (HF 2351)) regarding changes to the Sewer Reconstruction Project: City Manager requirements when a city is considering the use recommending approval to hire IIW Engineers of eminent domain, presented and read. Con-for design services associated with the Universi- nors moved that the communications be re-ty Avenue Culvert Extension and Sanitary Sewer ceived and filed. Seconded by Cline. Motion Reconstruction projects, presented and read. carried 7-0. Connors moved that the communication be City Manager correspondence to Representa-received and filed and approved recommenda- tives Pam Jochum, Pat Murphy, Rick Olson and tion. Seconded by Cline. Motion carried 7-0. Walt Tomenga thanking them for their efforts and vote to oppose HF 2351 regarding the use Upper Catfish Creek Watershed Project: City of eminent domain, presented and read. Con-Manager recommending approval of a letter of nors moved that the communications be re-support for the Dubuque County Soil and Water ceived and filed. Seconded by Cline. Motion Conservation District grant application to fund carried 7-0. the Upper Catfish Creek Watershed Project, City Manager correspondence to local legisla-presented and read. Connors moved that the tors urging support for HSB 530 regarding the communication be received and filed. Seconded use of withholding tax credits for job creation in by Cline. Motion carried 7-0. urban renewal districts, presented and read. Connors moved that the communications be received and filed. Seconded by Cline. Motion carried 7-0. City Manager correspondence to local legisla- tors encouraging them to support an amend- 72 Regular Session, March 6, 2006 Bergfeld Recreation Area Development Cars, for fifty golf cars for the Bunker Hill Golf Project: City Manager recommending accep-Course, presented and read. Michalski moved tance of the Bergfeld Recreation Area Develop-that the communication be received and filed ment Project as completed by Drew Cook & and approved recommendation. Seconded by Sons Excavating in the final contract amount of Braig. Motion carried 7-0. $506,512.99, presented and read. Connors moved that the communication be received and Bunker Hill Golf Course Management Agree- filed. Seconded by Cline. Motion carried 7-0. ment: City Manager recommending approval of a management agreement with G.M.S., Inc. RESOLUTION NO. 67-06 (George Stephenson) for the Bunker Hill Golf ACCEPTING IMPROVEMENT Course for the period beginning March 1, 2006 WHEREAS, the contract for the Bergfeld through November 30, 2006, presented and Recreation Area Development Project has been read. Connors moved that the communication completed and the City Manager has examined be received and filed and approved recommen- the work and filed his certificate stating that the dation. Seconded by Cline. Motion carried 7-0. same has been completed according to the terms of the contract, plans and specifications Five Flags HVAC Phase II Project: City Man- and recommends its acceptance. ager recommending acceptance of the Five NOW, THEREFORE, BE IT RESOLVED, BY Flags HVAC Phase II Project as completed by THE CITY COUNCIL OF THE CITY OF DUBU-Geisler Brothers Company in the final contract QUE, IOWA: amount of $119,588.05, presented and read. 1. That the recommendation of the City Man-Connors moved that the communication be ager be approved and that said improvement be received and filed. Seconded by Cline. Motion and the same is hereby accepted. carried 7-0. BE IT FURTHER RESOLVED that the City RESOLUTION NO. 69-06 Treasurer be and he is hereby directed to pay to ACCEPTING IMPROVEMENT the contractor from the General Fund in amount equal to the amount of his contract, less any WHEREAS, the contract for the Five Flags retained percentage provided for therein. Center HVAC, Phase II Project has been com- Passed, approved and adopted this 6th day of pleted and the City Manager has examined the March, 2006. work and filed his certificate stating that the Roy D. Buol, Mayor same has been completed according to the Attest: Jeanne F. Schneider, City Clerk terms of the contract, plans and specifications Connors moved adoption of the Resolution. and recommends its acceptance. Seconded by Cline. Motion carried 7-0. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBU- RESOLUTION NO. 68-06 QUE, IOWA: FINAL ESTIMATE 1. That the recommendation of the City Man- WHEREAS, the contract for the Bergfeld ager be approved and that said improvement be Recreation Area Development Project has been and the same is hereby accepted. completed and the Engineer has submitted his BE IT FURTHER RESOLVED that the City final estimate showing the cost thereof including Treasurer be and he is hereby directed to pay to the cost of estimates, notices and inspection and the contractor from the General Fund in amount all miscellaneous costs; equal to the amount of his contract, less any NOW, THEREFORE, BE IT RESOLVED, BY retained percentage provided for therein. THE CITY COUNCIL OF THE CITY OF DUBU-Passed, approved and adopted this 6th day of QUE, IOWA: March, 2006. Section 1. That the cost of said improvement is Roy D. Buol, Mayor hereby determined to be $506,512.99, and the Attest: Jeanne F. Schneider, City Clerk said amount shall be paid from the General Connors moved adoption of the Resolution. Fund of the City of Dubuque, Iowa. Seconded by Cline. Motion carried 7-0. Passed, approved and adopted this 6th day of RESOLUTION NO. 70-06 March, 2006. FINAL ESTIMATE Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk WHEREAS, the contract for the Five Flags Connors moved adoption of the Resolution. Center HVAC Phase II Project has been com- Seconded by Cline. Motion carried 7-0. pleted and the Engineer has submitted his final estimate showing the cost thereof including the Golf Cart Lease Agreement: City Manager cost of estimates, notices and inspection and all recommending approval of a five-year lease miscellaneous costs; agreement with Dubuque Bank and Trust Company, the leasing agent for Harris Golf Regular Session March 6, 2006 73 NOW, THEREFORE, BE IT RESOLVED, BY said amount shall be paid from the General THE CITY COUNCIL OF THE CITY OF DUBU-Fund of the City of Dubuque, Iowa. QUE, IOWA: Passed, approved and adopted this 6th day of Section 1. That the cost of said improvement is March, 2006. hereby determined to be $119,588.05, and the Roy D. Buol, Mayor said amount shall be paid from the General Attest: Jeanne F. Schneider, City Clerk Fund of the City of Dubuque, Iowa. Connors moved adoption of the Resolution. Passed, approved and adopted this 6th day of Seconded by Cline. Motion carried 7-0. March, 2006. Roy D. Buol, Mayor Swimming Pool Concession Agreement: City Attest: Jeanne F. Schneider, City Clerk Manager recommending approval of a conces- Connors moved adoption of the Resolution. sion agreement with Choo Choo Charlie’s to Seconded by Cline. Motion carried 7-0. operate the concession stands at Flora and Sutton swimming pools, presented and read. Five Flags Center Renovation Project: City Connors moved that the communication be Manager recommending acceptance of the Five received and filed and approved recommenda- Flags Center Renovation Project as completed tion. Seconded by Cline. Motion carried 7-0. by Conlon Construction Company in the final contract amount of $1,694,578.48, presented 2006 Sidewalk Inspection Program: City and read. Connors moved that the communica-Manager recommending approval of a modifica- tion be received and filed. Seconded by Cline. tion to the Sidewalk Inspection Program allowing Motion carried 7-0. a 50 percent permit fee reduction if the sidewalk repair is completed prior to the initial 30-day RESOLUTION NO. 71-06 deadline, presented and read. Connors moved ACCEPTING IMPROVEMENT that the communication be received and filed Whereas, the contract for the Five Flags Cen-and approved recommendation. Seconded by ter Renovation Project has been completed and Cline. Motion carried 7-0. the City Manager has examined the work and filed his certificate stating that the same has Stormwater Facilities Fee Agreement: City been completed according to the terms of the Manager recommending approval of a proposed contract, plans and specifications and recom-Stormwater Facilities Fee Agreement with the mends its acceptance. development group of The Finley Hospital, NOW, THEREFORE, BE IT RESOLVED, BY Hartig Drug and Dubuque Bank and Trust to THE CITY COUNCIL OF THE CITY OF DUBU-provide detention basin services for the devel- QUE, IOWA: opment at University Avenue and North Grand- 1. That the recommendation of the City Man-view Avenue, presented and read. Connors ager be approved and that said improvement be moved that the communication be received and and the same is hereby accepted. filed and approved recommendation. Seconded BE IT FURTHER RESOLVED that the City by Cline. Motion carried 7-0. Treasurer be and he is hereby directed to pay to the contractor from the General Fund in amount West 32nd Street Detention Basin: City Man- equal to the amount of his contract, less any ager recommending approval to establish the retained percentage provided for therein. fair market value of a property located at 655 Passed, approved and adopted this 6th day of Gillespie Street for purchase of the property for March, 2006. expansion of the West 32nd Street Detention Roy D. Buol, Mayor Basin, presented and read. Connors moved that Attest: Jeanne F. Schneider, City Clerk the communication be received and filed. Connors moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 73-06 RESOLUTION NO. 72-06 ESTABLISHING THE FAIR MARKET VALUE FINAL ESTIMATE OF REAL PROPERTY OWNED BY GARY A. ANDERSON LOCATED AT 655 GILLESPIE Whereas, the contract for the Five Flags STREET IN THE CITY OF DUBUQUE Center Renovation Project has been completed and the Engineer has submitted his final esti-WHEREAS, the City of Dubuque (City) intends mate showing the cost thereof including the cost to acquire certain properties located in the area of estimates, notices and inspection and all adjacent to the West 32nd Street detention miscellaneous costs; basin for purposes of storm water mitigation NOW, THEREFORE, BE IT RESOLVED, BY activities as recommended in the 2001 HDR THE CITY COUNCIL OF THE CITY OF DUBU-“Drainage Basin Master Plan;” and QUE, IOWA: WHEREAS, the City intends to purchase real Section 1. That the cost of said improvement is property owned by Gary A Anderson legally hereby determined to be $1,694,578.48, and the described as: 74 Regular Session, March 6, 2006 Lot 2-1-8 Gillespies Subdivision, in the City of Washington Neighborhood for the purpose of a Dubuque, County of Dubuque, Iowa, (the play area for younger children. Property) according to the recorded plat thereof; NOW, THEREFORE, BE IT RESOLVED BY and THE CITY COUNCIL OF THE CITY OF DUBU- WHEREAS, Iowa law requires City to make a QUE, IOWA: good faith effort to negotiate with an owner to Section 1. That the City of Dubuque hereby purchase an interest in real property before approves the acquisition of the following legally- proceeding with acquisition by eminent domain; described property: and Lot 92 in East Dubuque Addition in the City of WHEREAS, City may not make an offer to Dubuque, Iowa, according to the recorded plat purchase an interest in property which is less thereof. than the fair market value the City has estab-At the cost of Fifty thousand dollars ($50 000). lished for the property; and Section 2. That the City of Dubuque hereby WHEREAS, the City has caused an appraisal approves the acquisition of the following legally- of the Property to be made and the appraised described property: value of the Property is One Hundred and Fifty South one-half (1/2) of Lot 93 in East Dubuque Thousand Dollars ($150,000); and Addition in the City of Dubuque, Iowa, according WHEREAS, the City Council now desires to to the recorded plat thereof. establish the fair market value of the Property. At the cost of Fifty-five thousand dollars ($55 NOW, THEREFORE, BE IT RESOLVED BY 000). THE CITY COUNCIL OF THE CITY OF DUBU-Section 3. That the City of Dubuque hereby QUE, IOWA: approves the acquisition of the following legally- Section 1. The fair market value of the Proper-described property: ty is One Hundred and Fifty Thousand Dollars North one-half (1/2) of Lot 93 in East Dubuque ($150 000). Addition in the City of Dubuque, Iowa, according Section 2. The City Manager and Corporation to the recorded plat thereof. Counsel are hereby authorized to commence At the cost of Fifty-nine thousand dollars ($59 negotiations with the owner for purchase of the 000). Property at a price not less than the fair market Section 4. That the City of Dubuque be and is value established by this resolution. hereby authorized to accept a Quit Clam Deed Passed, adopted and approved this 6th day of from the owners, conveying the owners’ interest March, 2006. to the City of Dubuque, Iowa for the herein- Roy D Buol, Mayor described real estate. Attest: Jeanne Schneider, CMC, City Clerk Section 5. That the City Clerk be and she is Connors moved adoption of the Resolution. hereby authorized and directed to cause said Seconded by Cline. Motion carried 7-0. Quit Claim Deed to be recorded in the office of the Dubuque County Recorder, together with Washington Neighborhood Park: City Manager certified copy of the Resolution. recommending approval of the acquisition of Section 6. That the City Clerk be and she is three properties in the Washington Street hereby directed to forward a copy of this Resolu- neighborhood for the purpose of developing a tion to the Dubuque County Assessor and the park at the intersection of 18th Street and Dubuque County Auditor. th Washington Street, presented and read. Con-Passed, approved and adopted this 6 day of nors moved that the communication be received March, 2006. and filed. Seconded by Cline. Motion carried 7-Roy D Buol, Mayor 0. Attest: Jeanne Schneider, City Clerk Connors moved adoption of the Resolution. RESOLUTION NO. 74-06 Seconded by Cline. Motion carried 7-0. APPROVING THE ACQUISITION OF THREE PARCELS OF REAL ESTATE, LOCATED AT U.S. Department of Housing and Urban THE NORTH-WEST CORNER OF THE INTER- Development: Communication from the U.S. SECTION OF 18TH AND WASHINGTON Department of Housing and Urban Development STREETS, AT 1837 WASHINGTON STREET advising that they are in receipt of the City’s third AND AT 1839 WASHINGTON STREET, IN THE amendment to the Fiscal Year 2006 Community CITY OF DUBUQUE Development Block Grant Annual Action Plan, WHEREAS, the City of Dubuque supports the presented and read. Connors moved that the efforts of the Washington Neighborhood Associ-communication be received and filed. Seconded ation in activities to improve the quality of life in by Cline. Motion carried 7-0. this area; and WHEREAS, the Association has expressed a Dakota, Minnesota and Eastern Railroad priority for development of a neighborhood park Corporation: City Manager correspondence to to be located within the boundaries of the the City’s federal legislators regarding the plans Regular Session March 6, 2006 75 RESOLUTION NO. 76-06 of the Dakota, Minnesota and Eastern Railroad Corporation to extend their rail line, presented Whereas, applications for Liquor Licenses and read. Connors moved that the communica-have been submitted to this Council for approval tion be received and filed. Seconded by Cline. and the same have been examined and ap- Motion carried 7-0. proved; and Whereas, the premises to be occupied by such Voluntary Annexation Requests: Communica-applicants were inspected and found to comply tions from Gary and Mary Beth Valentine and with the State Laws and all City Ordinances Martin J. McNamer, North Cascade Road relevant thereto and they have filed proper Developers, L.L.C., requesting voluntary annex-bonds. ation into the City of Dubuque, presented and NOW, THEREFORE, BE IT RESOLVED BY read. Connors moved that the communications THE CITY COUNCIL OF THE CITY OF DUBU- be received and filed and referred to the City QUE, IOWA: Manager. Seconded by Cline. Motion carried 7-That the Manager be authorized to cause to be 0. issued the following named applicants a Liquor License. Transient Boat Dock Contract: City Manager CLASS “C” BEER/LIQUOR LICENSE recommending approval of a contract with Dubuque Order of Eagles, Eagles Club+, Abonmarche Group to complete engineering (Sunday Sale), 1175 Century Dr. design services for the Port of Dubuque – Ice Lana LuGrain, PJ’s+. (Sunday Sale) , 500 Harbor Transient Boat Dock Facility Project in Rhomberg Ave. the amount of $24,000, presented and read. Rafters, Inc. Rafters+, (Sunday/Outdoor Connors moved that the communication be Sale), 2728 Asbury Rd. received and filed and approved recommenda-Yardarm Inc. Yardarm Bar+(Sunday/Outdoor tion. Seconded by Cline. Motion carried 7-0. Sale), 1201 Shiras Exten. Passed, approved and adopted this 6th day Sam’s Club Escrow Agreement: City Manager of March, 2006. recommending approval of an Escrow Agree-Roy D. Buol, Mayor ment with Wal-Mart related to the required street Attest: Jeanne F. Schneider, CMC, City Clerk improvements for the Sam’s Club development Connors moved adoption of the Resolution. at the Northwest Arterial and Asbury Road, Seconded by Cline. Motion carried 7-0. presented and read. Connors moved that the RESOLUTION NO. 77-06 communication be received and filed. Seconded by Cline. Motion carried 7-0. Whereas, applications for Liquor Licenses have been submitted to this Council for approval Business Licenses: and the same have been examined and ap- proved; and RESOLUTION NO. 75-06 Whereas, the premises to be occupied by such Whereas, applications for Beer Permits have applicants were inspected and found to comply been submitted and filed to this Council for with the State Laws and all City Ordinances approval and the same have been examined relevant thereto and they have filed proper and approved: and bonds. Whereas, the premises to be occupied by NOW, THEREFORE, BE IT RESOLVED BY such applicants were inspected and found to THE CITY COUNCIL OF THE CITY OF DUBU- comply with the Ordinances of the City and have QUE, IOWA: filed proper bonds. That the Manager be authorized to cause to be NOW, THEREFORE, BE IT RESOLVED BY issued the following named applicants a Liquor THE CITY COUNCIL OF THE CITY OF DUBU-License. QUE, IOWA: CLASS “C” BEER/LIQUOR LICENSE That the Manager be authorized to cause to be Marsha M. Saunders, Water Hole+, (Outdoor issued the following named applicants a Beer Sale), 1046 Central Ave. Permit. Passed, approved and adopted this 6th day of CLASS “C” BEER PERMIT March, 2006. Dubuque Discount Gas, Inc., Dubuque Dis-Roy D. Buol, Mayor count Gas+(Sunday Sale), 4110 Dodge St Attest: Jeanne F. Schneider, CMC, City Clerk Passed, approved and adopted this 6th day of Connors moved adoption of the Resolution. March, 2006. Seconded by Cline. Motion carried 7-0. Roy D. Buol, Mayor ITEMS TO BE SET FOR PUBLIC HEARING Attest: Jeanne F. Schneider, CMC, City Clerk Connors moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. General Obligation Bonds—Stormwater Projects: City Manager recommending that a public hearing be set for March 20, 2006 to 76 Regular Session, March 6, 2006 consider issuing $2,900,000 in General Obliga-NOTICE OF MEETING OF THE COUNCIL OF tion Bonds to support stormwater projects, THE CITY OF DUBUQUE, IOWA, ON THE presented and read. Cline moved that the MATTER OF THE PROPOSED ISSUANCE OF communication be received and filed. Seconded NOT TO EXCEED $2,900,000 GENERAL by Connors. Motion carried 7-0. OBLIGATION BONDS (FOR ESSENTIAL CORPORATE PURPOSES) OF SAID CITY, RESOLUTION NO. 78-06 AND THE HEARING ON THE ISSUANCE FIXING DATE FOR A MEETING ON THE THEREOF PROPOSITION OF THE ISSUANCE OF NOT PUBLIC NOTICE is hereby given that the TO EXCEED $2,900,000 GENERAL OBLIGA- Council of the City of Dubuque, Iowa, will hold a TION BONDS (FOR ESSENTIAL CORPORATE public hearing on the 20th day of March, 2006, PURPOSES) OF DUBUQUE, IOWA, AND at 6:30 o'clock P. M., in the Auditorium, Carne- PROVIDING FOR PUBLICATION OF NOTICE gie-Stout Public Library, Dubuque, Iowa, at THEREOF which meeting the Council proposes to take WHEREAS, it is deemed necessary and additional action for the issuance of not to advisable that the City of Dubuque, Iowa, should exceed $2,900,000 General Obligation Bonds issue General Obligation Bonds to the amount of for essential corporate purposes of said City, in not to exceed $2,900,000, as authorized by order to provide funds to pay costs of the acqui- Section 384.25, of the City Code of Iowa, for the sition, construction and installation of stormwater purpose of providing funds to pay costs of and storm sewer utility facilities and improve- carrying out essential corporate purpose ments, including the 32nd Street Detention projects as hereinafter described; and Basin construction, Bee Branch land acquisition, WHEREAS, before said Bonds may be issued, North Fork Catfish Creek Ditch and Culvert it is necessary to comply with the provisions of construction, and other storm sewer, stream said Code, and to publish a notice of the pro-bank and detention basin improvements. posal to issue such Bonds and of the time and At the above meeting the Council shall receive place of the meeting at which the Council oral or written objections from any resident or proposes to take action for the issuance of the property owner of said City, to the above action. Bonds and to receive oral and/or written objec-After all objections have been received and tions from any resident or property owner of said considered, the Council will at this meeting or at City to such action. any adjournment thereof, take additional action NOW, THEREFORE, BE IT RESOLVED BY for the issuance of said Bonds or will abandon THE CITY COUNCIL OF THE CITY OF DUBU-the proposal to issue said Bonds. QUE, IOWA: This notice is given by order of the Council of Section 1. That this Council meet in the Dubuque, Iowa, as provided by Section 384.25 Auditorium, Carnegie-Stout Public Library, of the City Code of Iowa. Dubuque, Iowa, at 6:30 o'clock P.M., on the Dated this 6th day of March, 2006. 20th day of March, 2006, for the purpose of /s/ Jeanne F. Schneider taking action on the matter of the issuance of not City Clerk of Dubuque, Iowa to exceed $2,900,000 General Obligation Bonds (End of Notice) for essential corporate purposes of said City, the Passed and approved this 6th day of March, proceeds of which Bonds will be used to provide 2006. funds to pay costs of the acquisition, construc-Roy D. Buol, Mayor tion and installation of stormwater and storm Attest: Jeanne F. Schneider, City Clerk sewer utility facilities and improvements, includ- Cline moved adoption of the Resolution and ing the 32nd Street Detention Basin construc-set this for public hearing on 3/20/06 at a meet- tion, Bee Branch land acquisition, North Fork ing to commence at 6:30 P.M. in the public Catfish Creek Ditch and Culvert construction, library auditorium and direct the City Clerk to and other storm sewer, stream bank and deten-publish notice in the manner prescribed by law. tion basin improvements. Seconded by Connors. Motion carried 7-0. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a General Obligation Urban Renewal Bonds – notice of said meeting, in a legal newspaper, Parking Ramp Restoration Projects: City Man- printed wholly in the English language, pub-ager recommending that a public hearing be set lished at least once weekly, and having general for March 20, 2006 to consider issuing $910,000 circulation in said City, said publication to be not in General Obligation Urban Renewal Bonds to less than four clear days nor more than twenty support restoration projects at the Locust Street days before the date of said public meeting on and Iowa Street Parking Ramps, presented and the issuance of said Bonds. read. Cline moved that the communication be Section 3. The notice of the proposed action to received and filed. Seconded by Connors. issue said Bonds shall be in substantially the Motion carried 7-0. following form: Regular Session March 6, 2006 77 RESOLUTION NO. 79-06 PUBLIC NOTICE is hereby given that the FIXING DATE FOR A MEETING ON THE Council of the City of Dubuque, Iowa, will hold a PROPOSITION OF THE ISSUANCE OF NOT public hearing on the 20th day of March, 2006, TO EXCEED $910,000 GENERAL OBLIGA- at 6:30 o'clock P.M., in the Auditorium, Carne- TION URBAN RENEWAL BONDS OF DUBU- gie-Stout Public Library, Dubuque, Iowa, at QUE, IOWA, AND PROVIDING FOR PUBLI- which meeting the Council proposes to take CATION OF NOTICE THEREOF additional action for the issuance of not to WHEREAS, it is deemed necessary and exceed $910,000 General Obligation Urban advisable that the City of Dubuque, Iowa, should Renewal Bonds for urban renewal project issue General Obligation Urban Renewal Bonds purposes of said City, in order to provide funds to the amount of not to exceed $910,000, as to pay costs of aiding in the planning, undertak- authorized by Section 403.12 of the Code of ing and carrying out of urban renewal project Iowa, for the purpose of providing funds to pay activities under the authority of Chapter 403 of costs of carrying out the urban renewal projects the Code of Iowa and the Urban Renewal Plan as hereinafter described; and for the Greater Downtown Urban Renewal WHEREAS, before said Bonds may be issued, District, including those costs associated with it is necessary to comply with the provisions of the construction of improvements to the Iowa said Code, and to publish a notice of the pro-Street and Locust Street public parking ramp posal to issue such Bonds and of the time and facilities. place of the meeting at which the Council At the above meeting the Council shall receive proposes to take action for the issuance of the oral or written objections from any resident or Bonds and the right to petition for an election property owner of said City to the above action. and to receive oral and/or written objections After all objections have been received and from any resident or property owner of said City considered, the Council will at this meeting or at to such action. any adjournment thereof, take additional action NOW, THEREFORE, BE IT RESOLVED BY for the issuance of said Bonds or will abandon THE CITY COUNCIL OF THE CITY OF DUBU-the proposal to issue said Bonds. QUE, IOWA: At any time before the date of said meeting, a Section 1. That this Council meet in the petition, asking that the question of issuing such Auditorium, Carnegie-Stout Public Library, Bonds be submitted to the legal voters of said Dubuque, Iowa, at 6:30 o'clock P.M., on the 20th City, may be filed with the Clerk of said City in day of March, 2006, for the purpose of taking the manner provided by Section 362.4 of the action on the matter of the issuance of not to Code of Iowa, pursuant to the provisions of exceed $910,000 General Obligation Urban Sections 403.12 and 384.24(3)(q) of the Code of Renewal Bonds for urban renewal project Iowa. purposes of said City, the proceeds of which This notice is given by order of the Council of Bonds will be used to provide funds to pay costs Dubuque, Iowa, as provided by Sections 403.12 of aiding in the planning, undertaking and and 384.24(3)(q) of the City Code of Iowa. carrying out of urban renewal project activities Dated this 6th day of March, 2006. under the authority of Chapter 403 of the Code /s/ Jeanne F. Schneider of Iowa and the Urban Renewal Plan for the City Clerk of Dubuque, Iowa Greater Downtown Urban Renewal District, (End of Notice) including those costs associated with the con- Passed and approved this 6th day of March, struction of improvements to the Iowa Street and 2006. Locust Street public parking ramp facilities. Roy D. Buol, Mayor Section 2. That the Clerk is hereby directed to Attest: Jeanne F. Schneider, City Clerk cause at least one publication to be made of a Cline moved adoption of the Resolution and notice of said meeting, in a legal newspaper, set public hearing for 3/20/06 at a meeting to printed wholly in the English language, pub-commence at 6:30 P.M. in the public library lished at least once weekly, and having general auditorium and direct the City Clerk to publish circulation in said City, said publication to be not notice in the manner prescribed by law. less than ten clear days before the date of said Seconded by Connors. Motion carried 7-0. public meeting on the issuance of said Bonds. Section 3. The notice of the proposed action to Refunding of General Obligation Bonds: City issue said Bonds shall be in substantially the Manager recommending that a public hearing be following form: set for March 20, 2006 to consider issuing NOTICE OF MEETING OF THE COUNCIL OF $3,730,000 in General Obligation Bonds to THE CITY OF DUBUQUE, IOWA, ON THE refund the outstanding balance on 2000 Series MATTER OF THE PROPOSED ISSUANCE OF B and C bonds, presented and read. Cline NOT TO EXCEED $910,000 GENERAL OBLI-moved that the communication be received and GATION URBAN RENEWAL BONDS OF SAID filed. Seconded by Connors. Motion carried 7-0. CITY, AND THE HEARING ON THE ISSUANCE RESOLUTION NO. 80-06 THEREOF 78 Regular Session, March 6, 2006 FIXING DATE FOR A MEETING ON THE PUBLIC NOTICE is hereby given that the PROPOSITION OF THE ISSUANCE OF NOT Council of the City of Dubuque, Iowa, will hold a TO EXCEED $3,730,000 GENERAL OBLIGA- public hearing on the 20th day of March, 2006, TION REFUNDING BONDS (FOR AN ESSEN- at 6:30 o'clock P.M., in the Auditorium, Carne- TIAL CORPORATE PURPOSE) OF DUBU- gie-Stout Public Library, Dubuque, Iowa, at QUE, IOWA, AND PROVIDING FOR PUBLI- which meeting the Council proposes to take CATION OF NOTICE THEREOF additional action for the issuance of not to WHEREAS, it is deemed necessary and exceed $3,730,000 General Obligation Refund- advisable that the City of Dubuque, Iowa, should ing Bonds for an essential corporate purpose of issue General Obligation Refunding Bonds to said City, in order to provide funds to pay costs the amount of not to exceed $3,730,000, as of refunding and refinancing of outstanding City authorized by Section 384.25 of the City Code of indebtedness, consisting of the General Obliga- Iowa, for the purpose of providing funds to pay tion Bonds, Series 2000B, dated June 1, 2000, costs of carrying out an essential corporate and the General Obligation Bonds, Series purpose project as hereinafter described; and 2000C, dated November 1, 2000. WHEREAS, before said Bonds may be issued, At the above meeting the Council shall receive it is necessary to comply with the provisions of oral or written objections from any resident or said Code, and to publish a notice of the pro-property owner of said City, to the above action. posal to issue such Bonds and of the time and After all objections have been received and place of the meeting at which the Council considered, the Council will at this meeting or at proposes to take action for the issuance of the any adjournment thereof, take additional action bonds and to receive oral and/or written objec-for the issuance of said Bonds or will abandon tions from any resident or property owner of said the proposal to issue said Bonds. City to such action. This notice is given by order of the Council of NOW, THEREFORE, BE IT RESOLVED BY Dubuque, Iowa, as provided by Section 384.25 THE CITY COUNCIL OF THE CITY OF DUBU-of the City Code of Iowa. th QUE, IOWA: Dated this 6 day of March, 2006. Section 1. That this Council meet in the /s/ Jeanne F. Schneider Auditorium, Carnegie-Stout Public Library, City Clerk of Dubuque, Iowa Dubuque, Iowa, at 6:30 o'clock P.M., on the (End of Notice) 20th day of March, 2006, for the purpose of Passed and approved this 6th day of March, taking action on the matter of the issuance of not 2006. to exceed $3,730,000 General Obligation Roy D. Buol, Mayor Refunding Bonds for an essential corporate Attest: Jeanne F. Schneider, City Clerk purpose of said City, the proceeds of which Cline moved adoption of the Resolution and bonds will be used to provide funds to pay costs set for public hearing on 3/20/06 at a meeting to of refunding and refinancing of outstanding City commence at 6:30 P.M. in the public library indebtedness, consisting of the General Obliga-auditorium and direct the City Clerk to publish tion Bonds, Series 2000B, dated June 1, 2000, notice in the manner prescribed by law. and the General Obligation Bonds, Series Seconded by Connors. Motion carried 7-0. 2000C, dated November 1, 2000. Section 2. That the Clerk is hereby directed to Bonson Road Reconstruction Project: City cause at least one publication to be made of a Manager recommending initiation of the public notice of said meeting, in a legal newspaper, bidding process for the Bonson Road Recon- printed wholly in the English language, pub-struction Project and setting a public hearing for lished at least once weekly, and having general April 3, 2006, presented and read. Cline moved circulation in said City, said publication to be not that the communication be received and filed. less than four clear days nor more than twenty Seconded by Connors. Motion carried 7-0. days before the date of said public meeting on RESOLUTION NO. 81-06 the issuance of said Bonds. PRELIMINARY APPROVAL OF PLANS AND Section 3. The notice of the proposed action to SPECIFICATIONS issue said Bonds shall be in substantially the following form: NOW THEREFORE, BE IT RESOLVED BY NOTICE OF MEETING OF THE COUNCIL OF THE CITY COUNCIL OF THE CITY OF DUBU- THE CITY OF DUBUQUE, IOWA, ON THE QUE, IOWA: MATTER OF THE PROPOSED ISSUANCE OF That the proposed plans, specifications, form NOT TO EXCEED $3,730,000 GENERAL of contract and estimated cost for the Bonson OBLIGATION REFUNDING BONDS (FOR AN Road Reconstruction Project in the estimated ESSENTIAL CORPORATE PURPOSE) OF amount of $651,702.70 are hereby approved SAID CITY, AND THE HEARING ON THE and ordered filed in the office of the City Clerk ISSUANCE THEREOF for public inspection. Regular Session March 6, 2006 79 th Passed, adopted and approved this 6 day of of Necessity, they shall be deemed to have March, 2006. waived all objections pertaining to the regularity Roy D. Buol, Mayor of the proceeding and the legality of using the Attest: Jeanne F. Schneider, CMC, City Clerk special assessment procedure. Cline moved adoption of the Resolution. Said improvements shall be constructed and Seconded by Connors. Motion carried 7-0. done in accordance with the plans and specifica- tions which have been approved by the City RESOLUTION NO. 82-06 Council and now on file with the City Clerk. That FIXING DATE OF HEARING ON PLANS AND the cost and expense of making such improve- SPECIFICATIONS ment will be assessed partially or totally against Whereas, the City Council of the City of privately owned property lying with the assess- Dubuque, Iowa has given its preliminary ap-ment limits, and in an amount not to exceed that proval on the proposed plans, specifications, provided by law, and in proportion to the special and form of contract and placed same on file in benefits conferred. the office of the City Clerk for public inspection The portion of the cost which shall be borne by of the Bonson Road Reconstruction Project. the City will be paid from the Fiscal Year 2007 NOW THEREFORE, BE IT RESOLVED BY Street Construction Program, Watermain Re- THE CITY COUNCIL OF THE CITY OF DUBU-placement Program, Street Program Related QUE, IOWA: Sanitary Sewer Improvements, Fiber Optic rd That a public hearing will be held on the 3 Conduit – Paving Projects, and special assess- day of April, 2006, at 6:30 p.m. in the Public ment bonds may be issued in anticipation of Library Auditorium at which time interested deferred payments of special assessments persons may appear and be heard for or against when a contract has been performed and the proposed plans and specifications, form of accepted, and the proceeds thereof used to pay contract and cost of said improvement, and the the contractor. City Clerk be and is hereby directed to cause a The above resolution was introduced, ap- notice of time and place of such hearing to be proved and ordered placed on file with the City th published in a newspaper having general Clerk this 6 day of March, 2006. circulation in the City of Dubuque, Iowa, which Approved and placed on file for final action. notice shall be not less than four days nor more Roy D. Buol, Mayor than twenty days prior to the day fixed for its Attest: Jeanne F. Schneider, CMC, City Clerk consideration. At the hearing, any interested Cline moved adoption of the Resolution. person may appear and file objections to the Seconded by Connors. Motion carried 7-0. proposed plans, specifications, contract, or RESOLUTION NO. 84-06 estimated cost of the improvement. th FIXING DATE OF HEARING ON RESOLUTION Passed, adopted and approved this 6 day of OF NECESSITY March, 2006. Roy D. Buol, Mayor Whereas, the City Council of the City of Attest: Jeanne F. Schneider, CMC, City Clerk Dubuque, Iowa, has given its preliminary ap- Cline moved adoption of the Resolution. proval on the proposed plans, specifications and Seconded by Connors. Motion carried 7-0. form of contract and placed same on file in the office of the City Clerk for public inspection for RESOLUTION NO. 83-06 the Bonson Road Reconstruction Project; and RESOLUTION OF NECESSITY Whereas, the proposed Resolution of Necessi- Whereas, proposed plans have been duly ty for said improvement has been introduced prepared and approved by the City Council of and is now on file in the City Clerk's office for the City of Dubuque and are now on file in the public inspection. office of City Clerk showing among other things NOW THEREFORE, BE IT RESOLVED BY the plans, specifications, form of contract, THE CITY COUNCIL OF THE CITY OF DUBU- estimated cost and preliminary plat and sche-QUE, IOWA: rd dule showing the amount proposed to be as- That on the 3 day of April, 2006, a public sessed against each lot and the valuation of hearing will be held at 6:30 p.m. in the Public each lot as filed by the City Council, for the Library Auditorium in the City of Dubuque at Bonson Road Reconstruction Project. which time the owners of property subject to NOW THEREFORE, BE IT RESOLVED BY assessment for the proposed improvement or THE CITY COUNCIL OF THE CITY OF DUBU-any other person having an interest in the matter QUE, IOWA: may appear and be heard for or against the That the City Council deems it advisable and making of the improvement, the boundaries of necessary for the public welfare to make the the district, the cost, the assessment against any herein mentioned improvements, and unless lot, or the final adoption of a Resolution of property owners at the time of the final consid-Necessity and the City Clerk be and is hereby eration of this proposed resolution have on file authorized and directed to cause a notice of time with the City Clerk objections to the Resolution and place of such hearing to be published in a 80 Regular Session, March 6, 2006 newspaper having general circulation in the City be submitted to the Council for final action at th of Dubuque, Iowa, which notice shall be pub-6:30 p.m. on the 17 day of April, 2006. th lished once each week for two consecutive Passed, adopted and approved this 6 day of weeks, the first publication of which shall be not March, 2006. less than ten days prior to the day fixed for its Roy D. Buol, Mayor consideration. Unless property owners at the Attest: Jeanne F. Schneider, CMC, City Clerk time of the final consideration of this proposed Cline moved adoption of the Resolution. resolution have on file with the City Clerk objec-Seconded by Connors. Motion carried 7-0. tions to the Resolution of Necessity they shall be deemed to have waived all objections thereto. Former Water Department and Stealth Racing th Passed, adopted and approved this 6 day of – Building Demolition Project: City Manager March, 2006. recommending initiation of the public bidding Roy D. Buol, Mayor process for the Former Water Department and Attest: Jeanne F. Schneider, CMC, City Clerk Stealth Racing – Building Demolition Project and Cline moved adoption of the Resolution and setting a public hearing for April 3, 2006, pre- set public hearing for April 3, 2006 at a meeting sented and read. Connors moved that the to commence at 6:30 P.M. in the public library communication be received and filed. Seconded auditorium and direct the City Clerk to publish by Cline. Motion carried 7-0. notice in the manner prescribed by law. RESOLUTION NO. 87-06 Seconded by Connors. Motion carried 7-0. PRELIMINARY APPROVAL OF PLANS AND RESOLUTION NO. 85-06 SPECIFICATIONS APPROVING PRELIMINARY SCHEDULE OF NOW THEREFORE, BE IT RESOLVED BY ASSESSMENTS THE CITY COUNCIL OF THE CITY OF DUBU- NOW THEREFORE,BE IT RESOLVED BY QUE, IOWA: THE CITY COUNCIL OF THE CITY OF DUBU- That the proposed plans, specifications, form QUE, IOWA: of contract and estimated cost for the Former That the attached sheet(s), Page 1 to Page 1 Water Department and Stealth Racing - Building inclusive, are hereby determined to be the Demolition and Site Clearance Project in the schedule of proposed assessments for the estimated amount of $60,000.00 are hereby Bonson Road Reconstruction Project and the approved and ordered filed in the office of the valuations set out herein are hereby approved. City Clerk for public inspection. thth Passed, approved and adopted this 6 day of Passed, adopted and approved this 6 day of March, 2006. March, 2006. Roy D. Buol, Mayor Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Connors moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 86-06 RESOLUTION NO. 88-06 ORDERING BIDS FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, Whereas, the City Council of the City of IOWA: Dubuque, Iowa has given its preliminary ap- That the Bonson Road Reconstruction Project proval on the proposed plans, specifications, is hereby ordered to be advertised for bids for and form of contract and placed same on file in construction. the office of the City Clerk for public inspection BE IT FURTHER RESOLVED that the amount of the Former Water Department and Stealth of the security to accompany each bid shall be in Racing - Building Demolition and Site Clearance an amount which shall conform to the provisions Project. of the Notice to Bidders hereby approved as a NOW THEREFORE, BE IT RESOLVED BY part of the plans and specifications heretofore THE CITY COUNCIL OF THE CITY OF DUBU- adopted. QUE, IOWA: rd That the City Clerk is hereby directed to That a public hearing will be held on the 3 advertise for bids for the construction of the day of April, 2006, at 6:30 p.m. in the Public improvements herein provided, to be published Library Auditorium at which time interested in a newspaper having general circulation in the persons may appear and be heard for or against City of Dubuque, Iowa, which notice shall not be the proposed plans and specifications, form of less than four days nor more than forty-five days contract and cost of said improvement, and the prior to the receipt of said bids at 2:00 p.m. on City Clerk be and is hereby directed to cause a th the 11 day of April, 2006. Bids shall be opened notice of time and place of such hearing to be and read by the City Clerk at said time and will published in a newspaper having general Regular Session March 6, 2006 81 PRELIMINARY APPROVAL OF PLANS AND circulation in the City of Dubuque, Iowa, which SPECIFICATIONS notice shall be not less than four days nor more than twenty days prior to the day fixed for its NOW THEREFORE, BE IT RESOLVED BY consideration. At the hearing, any interested THE CITY COUNCIL OF THE CITY OF DUBU- person may appear and file objections to the QUE, IOWA: proposed plans, specifications, contract, or That the proposed plans, specifications, form estimated cost of the improvement. of contract and estimated cost for the Cus- th Passed, adopted and approved this 6 day of ter/Allison-Henderson Sewer and Detention March, 2006. Basin Project in the estimated amount of Roy D. Buol, Mayor $252,450.00 are hereby approved and ordered Attest: Jeanne F. Schneider, CMC, City Clerk filed in the office of the City Clerk for public Connors moved adoption of the Resolution inspection. th and set the public hearing for 4/3/06 at a meet- Passed, adopted and approved this 6 day of ing to commence at 6:30 P.M. in the public March, 2006. library auditorium and direct the City Clerk to Roy D. Buol, Mayor publish notice in the manner prescribed by law, Attest: Jeanne F. Schneider, CMC, City Clerk Seconded by Cline. Motion carried 7-0. Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 89-06 ORDERING BIDS RESOLUTION NO. 91-06 FIXING DATE OF HEARING ON PLANS AND NOW THEREFORE, BE IT RESOLVED BY SPECIFICATIONS THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: Whereas, the City Council of the City of That the Former Water Department and Dubuque, Iowa has given its preliminary ap- Stealth Racing - Building Demolition and Site proval on the proposed plans, specifications, Clearance Project is hereby ordered to be and form of contract and placed same on file in advertised for bids for construction. the office of the City Clerk for public inspection BE IT FURTHER RESOLVED, that the amount of the Custer/Allison-Henderson Sewer and of the security to accompany each bid shall be in Detention Basin Project. an amount which shall conform to the provisions NOW THEREFORE, BE IT RESOLVED BY of the Notice to Bidders hereby approved as a THE CITY COUNCIL OF THE CITY OF DUBU- part of the plans and specifications heretofore QUE, IOWA: rd adopted. That a public hearing will be held on the 3 That the City Clerk is hereby directed to day of April, 2006, at 6:30 p.m. in the Public advertise for bids for the construction of the Library Auditorium at which time interested improvements herein provided, to be published persons may appear and be heard for or against in a newspaper having general circulation in the the proposed plans and specifications, form of City of Dubuque, Iowa, which notice shall not be contract and cost of said improvement, and the less than four days nor more than forty-five days City Clerk be and is hereby directed to cause a prior to the receipt of said bids at 2:00 p.m. on notice of time and place of such hearing to be rd the 23 day of March, 2006. Bids shall be published in a newspaper having general opened and read by the City Clerk at said time circulation in the City of Dubuque, Iowa, which and will be submitted to the Council for final notice shall be not less than four days nor more rd action at 6:30 p.m. on the 3 day of April, 2006. than twenty days prior to the day fixed for its th Passed, adopted and approved this 6 day of consideration. At the hearing, any interested March, 2006. person may appear and file objections to the Roy D. Buol, Mayor proposed plans, specifications, contract, or Attest: Jeanne F. Schneider, CMC, City Clerk estimated cost of the improvement. th Connors moved adoption of the Resolution. Passed, adopted and approved this 6 day of Seconded by Cline. Motion carried 7-0. March, 2006. Roy D. Buol, Mayor Custer Street / Allison Henderson Sewer and Attest: Jeanne F. Schneider, CMC, City Clerk Detention Basin Project: City Manager recom- Cline moved adoption of the Resolution and mending initiation of the public bidding process set public hearing for 4/3/06 at a meeting to for the Custer Street / Allison Henderson Sewer commence at 6:30 P.M. in the public library and Detention Basin Project and setting a public auditorium and direct the City Clerk to publish hearing for April 3, 2006, presented and read. notice in the manner prescribed by law. Cline moved that the communication be re-Seconded by Connors. Motion carried 7-0. ceived and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 90-06 82 Regular Session, March 6, 2006 RESOLUTION NO. 92-06 ACTION ITEMS ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY River Pointe Development, LLC – Request to THE COUNCIL OF THE CITY OF DUBUQUE, Rezone (First Reading on February 20, 2006): IOWA: George Murphy, River Pointe Development, That the Custer/Allison-Henderson Sewer and LLC, submitting a revised design for the devel- Detention Basin Project is hereby ordered to be opment, presented and read. Connors moved advertised for bids for construction. that the communication be received and filed. BE IT FURTHER RESOLVED, that the amount Seconded by Michalski. Motion carried 7-0. of the security to accompany each bid shall be in Communication from Sister Margaret Ann an amount which shall conform to the provisions Willging regarding the River Pointe Development of the Notice to Bidders hereby approved as a project, presented and read. Connors moved part of the plans and specifications heretofore that the communication be received and filed. adopted. Seconded by Michalski. Motion carried 7-0. That the City Clerk is hereby directed to Communication from Robin M. Kennicker advertise for bids for the construction of the regarding the River Pointe Development project, improvements herein provided, to be published presented and read. Connors moved that the in a newspaper having general circulation in the communication be received and filed. Seconded City of Dubuque, Iowa, which notice shall not be by Michalski. Motion carried 7-0. less than four days nor more than forty-five days Steve Juergens, representing River Pointe, prior to the receipt of said bids at 2:00 p.m. on LLC, reviewed the three architectural renderings rd the 23 day of March, 2006. Bids shall be that had been submitted to the City Council and opened and read by the City Clerk at said time stated that the final design has not been deter- and will be submitted to the Council for final mined. Council discussed various aspects of the rd action at 6:30 p.m. on the 3 day of April, 2006. development including the soil borings that had th Passed, adopted and approved this 6 day of been performed, stability of the bluff face, March, 2006. erosion control and the type of materials that Roy D. Buol, Mayor would be used on the buildings. Attest: Jeanne F. Schneider, CMC, City Clerk An Ordinance Amending Appendix A (the Cline moved adoption of the Resolution. Zoning Ordinance) of the City of Dubuque Code Seconded by Connors. Motion carried 7-0. of Ordinances by reclassifying property located at 600 Mazzuchelli Drive from R-2 Residential BOARDS/COMMISSIONS District to PUD Planned Unit Development District with a Planned Residential designation, Applicants are invited to address the Council said Ordinance having been presented and read regarding their desire to serve on the following at the Council Meeting of February 20, 2006, Boards/Commissions: now presented for further action. Connors Community Development Advisory Commis-moved that this be considered the second sion (One At-Large position [Wainwright] reading of the Ordinance. Seconded by Michals- through 2/15/09 and one Low/Moderate Income ki. Motion carried 7-0. position [Isenhart] through 2/15/09) Applicants for At-Large Position: R.J. Sullivan, Storage Container Ordinance (First Reading Thomas C. Wainwright on February 6, 2006 and Second Reading on Applicant for Low/Moderate Position: Hillary A. February 20, 2006) Stubben City Manager submitting a revised schedule of Ms. Stubben spoke requesting consideration fees for exterior storage containers to be imple- for appointment. mented should the ordinance be passed, pre- sented and read. Electrical Code Board (One Journeyman / Steward Sandstrom, President of the Dubuque Maintenance position [Pfohl] through 5/21/08, Area Chamber of Commerce, spoke objecting to one At-Large position [Pregler] through 5/21/08, the Ordinance and its fee schedule and re- and two Electrical Background positions [new] quested Council use this last chance to make a through 5/21/09) Applicants: Bob Schmidt, right decision for Dubuque. Paul J. Uhlrich Mr. Uhlrich spoke requesting consideration for appointment. An Ordinance Amending Chapter 11 Building and Building Regulations of the City of Dubuque TV Cable Teleprogramming Commission (one Code of Ordinances by adopting a new Article vacant term through 6/30/06 and one vacant VII. Exterior Storage Containers and Storage term through 6/30/07) Applicant: Burton Everist. Trailers establishing requirements for the use of exterior storage containers and storage trailers, said Ordinance having been presented and read Regular Session March 6, 2006 83 on 2/6/06 and 2/20/06, now presented for further action. 84 Regular Session, March 6, 2006 OFFICIAL PUBLICATION transportation of materials, inventory or equip- ORDINANCE NO. 26-06 ment. AMENDING CHAPTER 11 BUILDING AND Section 11-84. Storage Containers or Storage BUILDING REGULATIONS OF THE CITY OF Trailers Permitted; Exemptions: DUBUQUE CODE OF ORDINANCES BY This Article shall apply to use of any storage ADOPTING A NEW ARTICLE VII. EXTERIOR container or storage trailer for the exterior STORAGE CONTAINERS AND STORAGE storage of materials, equipment or inventory. TRAILERS ESTABLISHING REQUIREMENTS Notwithstanding the foregoing, this Article shall FOR THE USE OF EXTERIOR STORAGE not apply to the following: CONTAINERS AND STORAGE TRAILERS. (1) Storage containers or storage trailers at- WHEREAS, the City Council of the City of tached to a loading dock, construction trailers or Dubuque finds that storage containers and containers or licensed and federally inspected storage trailers used for the exterior storage of vehicles such as a truck trailer or semi-truck materials, inventory or equipment may constitute trailer while it is not being used for the storage of an eyesore to the community when not properly goods; maintained; and (2) A business that rents storage trailers or WHEREAS, the City Council finds that storage storage containers to others. containers and storage trailers constitute a Section 11-85. Required Conditions: threat to public health and safety because their Storage containers or storage trailers permitted location can block or prevent proper access to by this Article shall be subject to the following buildings and building exits, emergency exits, conditions: fire connections to sprinkler systems and utility (1) Storage containers or storage trailers shall disconnects; and not be stacked; WHEREAS, the City Council finds that storage (2) Storage containers or storage trailers not containers and storage trailers constitute a connected to a loading dock shall be located not threat to public health and safety because they less than 20’ from any building and shall not can contain unknown and sometimes hazardous block any fire exit doors of the building; contents; and (3) Storage containers or storage trailers shall at WHEREAS, the City Council finds that storage all times be kept good in appearance and shall containers and storage trailers can be converted not be in a state of neglect, including, but not into permanent structures without any practical limited to, substantial peeling paint, rust holes or means of complying with building and fire code missing or broken parts; requirements. (4) Storage containers or storage trailers shall NOW, THEREFORE, BE IT ORDAINED BY not have any attachments such as utilities, roof, THE CITY COUNCIL OF THE CITY OF DUBU-siding, stairs or other conditions such that the QUE, IOWA: container or trailer constitutes a permanent Section 1. Chapter 11 of the City of Dubuque structure unless such container or trailer com- Code of Ordinances is amended by adding the plies with all applicable electrical and building following new article: code requirements; ARTICLE VII. EXTERIOR STORAGE CON-(5) Storage containers or storage trailers shall TAINERS AND STORAGE TRAILERS have no goods or materials underneath the Section 11-83. Definitions: container or trailer; As used in this article, the following terms shall (6) Storage containers or trailers shall not be have the following meanings: used for the storage of hazardous waste or Storage Container – Any enclosed receptacle materials unless the container or trailer complies without wheels twenty (20’) feet or more in with all applicable federal, state or local regula- length designed, built or intended to be used for tions; and the shipment, transportation or storage of goods (7) Storage containers or storage trailers shall at and not being used primarily for the shipment or all times be kept secure; and transportation of goods, but not including a Section 11-86. Permit Required: construction trailer. Storage container also does No person shall use or maintain or permit to be not include a truck trailer or semi-truck trailer used or maintained an exterior storage container while it is actively being used for the transporta-or storage trailer without first obtaining an tion of materials, inventory or equipment. annual permit therefore as provided in this Storage Trailer - Any enclosed receptacle with Article. wheels twenty (20’) feet or more in length Section 11-87. Application for Permit; Site Plan: designed, built or intended to be used for the An application for an exterior storage container shipment, transportation or storage of goods but or storage trailer permit shall be filed with the not including a construction trailer. Storage City Manager on a form provided by the City trailer also does not include a truck trailer or Manager. The application shall include the semi-truck trailer while it is being used for the following information: Regular Session March 6, 2006 85 (1)The name, address and telephone number of Attest: Jeanne F. Schneider, City Clerk the applicant; Published officially in the Telegraph Herald th (2) A site plan which shall be a dimension newspaper this 15 day of March, 2006. drawing showing the following: Jeanne F. Schneider, City Clerk a. North arrow; 1t 3/15 b. Property lines; Connors moved final consideration and c. Location of all structure(s) on the subject passage of the Ordinance. Seconded by Jones. property, including dumpsters, and dimensions; Carried by the following vote: Yeas—Buol, d. Location of emergency lanes, location of Connors, Jones, Michalski. Nays—Braig, Cline, ingress and egress to the property, location of Lynch. parking areas; e. Location of each proposed storage contain- Connors moved to remove the following item er or storage trailer and dimensions from build-from the table.Seconded by Michalski. Motion ing(s); carried 7-0. f. Contents of each storage container or Organizational Development and Diversity storage trailer. Training (Tabled on February 20, 2006): City Falsification of information on an application Manager recommending approval to authorize shall be grounds for denial or revocation of a staff to negotiate a contract with One Ummah permit. Consulting to perform Organizational Develop- Section 11-88. Consideration of Application: ment and Diversity Training for City employees The City Manager shall, upon consideration of at a cost not to exceed $79,200, presented and the application and the information required read. Michalski moved that the communication herein, approve or reject the application. be received and filed and recommendation Section 11-89. Fees: approved. Seconded by Connors. Motion carried At the time of filing the application, the appli-7-0. cant shall pay to the City a non-refundable permit fee established by the City Manager. Sedgwick Claims Management Services, Inc. Section 11-90. Revocation of Permit: – CEBA Application: City Manager recommend- A permit may be revoked or suspended by the ing approval of the submission of a Community City Manager for a violation of any of the provi-Economic Betterment Account (CEBA) Applica- sions of this Article or any other ordinances of tion on behalf of Sedgwick Claims Management the City or the laws of the United States or the Services, Inc., presented and read. Cline state of Iowa. moved that the communication be received and The permittee shall be given not less than ten-filed. Seconded by Lynch. Motion carried 7-0. day’s written notice of the proposed action to be RESOLUTION NO. 93-06 taken prior to suspension or revocation. The AUTHORIZING THE FILING OF A COMMUNI- permittee may file with the City Clerk a written TY ECONOMIC BETTERMENT ACCOUNT notice of appeal to the City Council from the (CEBA) APPLICATION ON BEHALF OF suspension or revocation. SEDGWICK CLAIMS MANAGEMENT SER- Section 11-91. Variance: VICES, INC. The City Manager may grant a variance in a specific case and from a specific provision of Whereas, Sedgwick Claims Management this Article based on the City Manager’s deter-Services, Inc. has proposed the expansion of its mination of the following: operations to Dubuque, Iowa; and (1) That there are practical difficulties or unne- Whereas, the City Council of Dubuque, Iowa cessary hardships in carrying out the strict letter has considered said proposal and has deter- of a requirement of this Article; mined that the proposed project will contribute to (2) That the effect of the application of the the local economy through the creation of 75 provisions of this Article would be arbitrary in the new jobs for area residents; and specific case; Whereas, the Iowa Department of Economic (3) That an extension of time would not consti-Development's Community Economic Better- tute an appropriate remedy for such practical ment Account (CEBA) was designed to assist in difficulties or unnecessary hardships; and the economic development efforts of local (4) That such variance is in harmony with the jurisdictions; and general purpose and intent of this Article in Whereas, the City of Dubuque, Iowa is eligible securing the public health, safety and general to apply for funding from the CEBA program. welfare and does not constitute an imminent NOW, THEREFORE, BE IT RESOLVED BY danger to the public. THE CITY COUNCIL OF THE CITY OF DUBU- Section 2. Effective Date. This Ordinance shall QUE, IOWA: take effect July 1, 2006. Section 1. That the filing of an application for th Passed, approved and adopted this 6 day of participation in the Community Economic Bet- March 2006. terment Account program on behalf of Sedgwick Roy D. Buol, Mayor 86 Regular Session, March 6, 2006 PUBLIC INPUT Claims Management Services, Inc. is hereby approved. Section 2. That the local match of $100,000 Gabrielle DeVega, 1617 ½ White, read a letter identified in the application as a loan to the on diversity training and requested that minori- company is hereby approved, subject to the ties be involved in the training. CEBA application approval. Cathy Breitbach, 1209 Prairie, spoke on Section 3. That the Mayor is hereby authorized various issues including how hard it is for small to execute and the City Manager is hereby businesses to survive in Dubuque. directed to submit said application to the Iowa Department of Economic Development together There being no further business, Michalski with such documents as may be required. moved to adjourn. Seconded by Braig. Motion Passed, approved, and adopted this 6th day of carried 7-0. The meeting adjourned at 8:13 P.M. March 2006. Roy D. Buol, Mayor /s/ Jeanne F. Schneider, CMC Attest: Jeanne Schneider, City Clerk City Clerk Cline moved adoption of the Resolution. Seconded by Lynch. Motion carried 7-0. Hunting and Target Practice Within City Limits: City Manager recommending approval of an ordinance to allow hunting and target practice within the City limits on private property zoned Agricultural of not less than ten acres, presented and read. Connors moved that the communica- tion be received and filed. Seconded by Mi- chalski. Carried by the following vote: Yeas— Buol, Braig, Connors, Jones, Lynch, Michalski. Nays—Cline. An Ordinance Amending City of Dubuque Code of Ordinances Chapter 33, Offenses and Miscellaneous Provisions, by adopting a new Section 33-17 Hunting Permitted, allowing hunting and target practice within the corporate limits of the City under certain conditions, presented and read. Connors moved that this be considered the first reading of the Ordinance. Seconded by Michalski. Carried by the following vote: Yeas—Buol, Braig, Connors, Jones, Lynch, Michalski. Nays—Cline. Examining Board: Communication from Richard A. Engelken, City Assessor, requesting appointment of a member to the Examining Board (previously former Administrative Servic- es Manager Pauline Joyce) to serve a six-year term, presented and read. Michalski moved that the communication be received and filed and referred to the City Manager for recommenda- tion on the appointment. Seconded by Connors. Motion carried 7-0. COUNCIL MEMBER REPORTS Michalski mentioned the Council’s upcoming trip to Washington D.C. Regular Session, March 20, 2006 87 DUBUQUE tion be received and filed and concurred. Seconded by Jones. Motion carried 7-0. CITY COUNCIL OFFICIAL Arboretum Drive – Quit Claim Deed: City PROCEEDINGS Manager recommending acceptance of a quit claim deed for a right-of-way purchase from the Iowa Department of Transportation (Iowa DOT) City Council, Regular Session, March 20, 2006 on Arboretum Drive, presented and read. Council met at 6:30 P.M. in the Public Library Connors moved that the communication be Auditorium received and filed. Seconded by Jones. Motion carried 7-0. Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski, City RESOLUTION NO. 94-06 Manager Van Milligen, City Attorney Lindahl ACCEPTING A CONVEYANCE OF PROPER- TY LOT A OF BREVEN PLACE IN THE CITY Mayor Buol read the call and stated this is a OF DUBUQUE regular session of the City Council called for the Whereas, the City of Dubuque entered into a purpose of discussing such matters which may Purchase Agreement with the State of Iowa properly come before the Council. pursuant to which the State of Iowa agreed to convey Lot A of Breven Place, in the City of Invocation was given by Reverend John Dubuque, Iowa, as shown on the Acquisition Hulsizer, Pastor, Church of the Nazarene Plat thereof; and Whereas, the State of Iowa has executed a Proclamation: “Gannon Center Appreciation” conveyance of said property. received by Mary Lou Baal and Barb Potts. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- CONSENT ITEMS QUE, IOWA: Section 1. The City Council of the City of Minutes and Reports Submitted: Arts and Dubuque, Iowa, hereby approves of, accepts Cultural Affairs Advisory Commission of 1/24; and consents to the Quit Claim Deed from the City Conference Board of 3/1/05, 2/13 and 2/17; State of Iowa, copies of which are attached City Council of 3/2 and 3/6; Civil Service Com- hereto, as required by Iowa Code Section 569.7. mission of 1/26, 3/2 and 3/10; Historic Preserva- Section 2. The Mayor is hereby authorized tion Commission of 2/23; Human Rights Com- and directed to execute and acknowledge on mission of 2/13; Library Board of Trustees of behalf of the City of Dubuque any instruments in 1/26; Long Range Planning Advisory Commis- connection herewith. sion of 2/15; Zoning Advisory Commission of Passed, approved and adopted this 20th day 3/1, presented and read. Connors moved that of March, 2006. the minutes be received and filed. Seconded by Roy D. Buol, Mayor Jones. Motion carried 7-0. Attest: Jeanne F. Schneider, CMC, City Clerk Connors moved adoption of the Resolution. Proofs of publication of City Council Proceed- Seconded by Jones. Motion carried 7-0. ings of 2/13, 2/14, 2/20 (Special Session), 2/20 (Regular Session), 2/21, and 2/23, presented Asbury Plaza Phase 2 – Acceptance: City and read. Connors moved that the proofs be Manager recommending acceptance of the received and filed. Seconded by Jones. Motion public improvements in Phase 2 of Asbury Plaza carried 7-0. as completed by the developer, Rubloff Devel- opment Group, Inc., presented and read. Con- Notice of Claims/Suits: Robert D. Boelk for nors moved that the communication be received property damage; Jody Klauer for vehicle and filed. Seconded by Jones. Motion carried 7- damage; Francis McDonald for property dam- 0. age; Desa Wefel for personal injury, presented and read. Connors moved that the communica- RESOLUTION NO. 95-06 tions be received and filed and claim referred to ACCEPTING IMPROVEMENTS IN ASBURY the City Attorney for investigation and report. PLAZA – PHASE 2 Seconded by Jones. Motion carried 7-0. Whereas, pursuant to the approved Site Plan for Asbury Plaza Phase 2 (Kohls) dated March City Attorney advising that the following claims 9, 2004, certain improvements including sanitary have been referred to Public Entity Risk Servic- sewer, street construction, and traffic signals es of Iowa, the agent for the Iowa Communities were installed by the developer, Rubloff Devel- Assurance Pool: Jody Klauer for vehicle damage opment Group. and Desa Wefel for personal injury, presented Whereas, the improvements have been and read. Connors moved that the communica- completed and the City Manager has examined 88 Regular Session, March 20, 2006 the work and has filed a certificate stating that presented and read. Connors moved that the the same has been completed in accordance communication be received and filed. Seconded with the plans approved by City Engineering and by Jones. Motion carried 7-0. in conformance with City specifications, and has RESOLUTION NO96-06 recommended that the improvements be ac-. AUTHORIZING PUBLICATION OF A COM- cepted by the City Council. BINED NOTICE OF FINDING OF NO SIGNIFI- NOW THEREFORE, BE IT RESOLVED BY CANT IMPACT ON THE ENVIRONMENT AND THE CITY COUNCIL OF THE CITY OF DUBU- NOTICE OF INTENT TO REQUEST RELEASE QUE, IOWA: OF FUNDS FOR THE EAGLE VALLEY Section 1. That the recommendation of the PROJECT. City Manager be approved and that said sanitary sewer, street construction, and traffic signal Whereas, the Mid America Housing Partner- improvements in Asbury Plaza Phase 2 be and ship has received an EDI Special Purpose the same are hereby accepted. Grant from the U.S. Department of Housing and Section 2. That maintenance of said improve-Urban Development, and ments shall be the responsibility of the develop- Whereas, the City of Dubuque is the responsi- er, Rubloff Development Group, Inc., for a ble entity for the Eagle Valley Project; and period of two years from this date. Whereas, pursuant to the rules and regulations Passed, approved and adopted this 20th day as promulgated by the U.S. Department of of March, 2006. Housing and Urban Development, an environ- Roy D. Buol, Mayor mental review has been processed for the Eagle Attest: Jeanne F. Schneider, CMC, City Clerk Valley Project; and Connors moved adoption of the Resolution. Whereas, based on said environmental review, Seconded by Jones. Motion carried 7-0. the Department of Housing and Urban Devel- opment has determined that said project will Sanitary Sewer Master Plan – Request for have no significant impact on the environment; Proposals: City Manager recommending ap-and proval of the issuance of a Request for Propos- Whereas, a combined notice of "Finding of No als for engineering and design services for the Significant Impact on the Environment" and of Comprehensive Sanitary Sewer Master Plan, "Intent to Request Release of Funds" for said presented and read. Connors moved that the project will be sent by regular mail to various communication be received and filed and federal, state and local public agencies; to the approved recommendation. Seconded by Jones. appropriate Regional Office of the Environmen- Motion carried 7-0. tal Protection Agency and to the local news media, individuals and groups known to be Pedestrian Wayfinding Sign Design – Request interested and believed to be appropriate to for Proposals: City Manager recommending receive such a notice; and approval of the issuance of a Request for Whereas, any and all comments received as a Proposals to provide graphic design services for result of such notice will be duly considered a directional Pedestrian Wayfinding Sign Pro-before proceeding with a Request for Release of gram for persons traveling throughout Down-Funds and Certification. town Dubuque and the Port of Dubuque, pre- NOW, THEREFORE, BE IT RESOLVED BY sented and read. Connors moved that the THE CITY COUNCIL OF THE CITY OF DUBU- communication be received and filed and QUE, IOWA: approved recommendation. Seconded by Jones. Section 1. That the City Clerk be and is hereby Motion carried 7-0. authorized and directed to publish a combined Notice of Finding of No Significant Impact on the Shot Tower Archeological Survey: City Man-Environment and Notice of Intent to Request ager recommending approval of the selection of Release of Funds for the Eagle Valley Project Great Lakes Archaeological Research Center, and to make the Environmental Review Record Inc. for the Archeological Survey of the Shot for said project available for public inspection Tower and to authorize staff to negotiate a and comment until 5:00 pm on April 10, 2006. contract, presented and read. Connors moved Such notice shall be in the form of Exhibit "A" that the communication be received and filed attached hereto and made a part hereof. and approved recommendation. Seconded by Section 2. That the environmental review Jones. Motion carried 7-0. record for the project shall be placed on file in the Office of the City Clerk where said record Eagle Valley Project: City Manager recom-may be examined and copied by any interested mending approval of the publication of a com-party. bined notice of finding of no significant impact on Section 3. That the Mayor of the City of Dubu- the environment and notice of intent to request que is hereby authorized and directed to submit release of funds for the Eagle Valley Project, to the U.S. Department of Housing and Urban Regular Session, March 20, 2006 89 Development fifteen (15) days after publication com’s public access studio, presented and read. of appropriate notice a Request for Release of Connors moved that the communication be Funds to undertake the said project. received and filed and approved recommenda- Section 4. That the Mayor of the City of Dubu-tion. Seconded by Jones. Motion carried 7-0. que is hereby authorized to consent to assume the status of a responsible federal official under Town Clock Plaza Banners: City Manager the National Environmental Protection Act, recommending approval of the installation of insofar as the provisions of the said Act apply to banners in Town Clock Plaza for advertisement the U.S. Department of Housing and Urban of non-profit events, presented and read. Con- Development responsibilities for review, decision nors moved that the communication be received making, and action assumed and carried out by and filed and approved recommendation. the City of Dubuque as to environmental issues. Seconded by Jones. Motion carried 7-0. Section 5. That the Mayor of the City of Dubu- que is hereby authorized to consent personally, Fire Department Response and Deployment in his official capacity and on behalf of the City Study: City Manager recommending approval of of Dubuque, to accept the jurisdiction of the the selection of The Matrix Consulting Group to federal courts if an action is brought to enforce perform a Municipal Fire and Emergency Ser- responsibilities in relation to environmental vice Response and Deployment Study for the review, decision-making and action. Fire Department, presented and read. Connors Section 6. That the Mayor of the City of Dubu-moved that the communication be received and que is and he is hereby authorized and directed filed and approved recommendation. Seconded to execute a certification pertaining to the by Jones. Motion carried 7-0. environmental review procedures. Passed, approved and adopted this 20th day Civil Service Commission: Civil Service of March 2006. Commission submitting the certified lists for the Roy D. Buol, Mayor positions of Equipment Operator I, Truck Driver, Attest: Jeanne F. Schneider, City Clerk Foreman, and Golf Course Supervisor, pre- Connors moved adoption of the Resolution. sented and read. Seconded by Jones. Motion carried 7-0. March 10, 2006 Miller-Riverview Park Management Agree-Honorable Mayor and ment: City Manager recommending approval of Members of the City Council a management agreement with Pat Felderman In accordance with Chapter 400 of the 2005 for Miller-Riverview Park for the period April 1 Code of Iowa, an examination for the position of through November 1, 2006, presented and read. Equipment Operator was given on March 1, Connors moved that the communication be 2006. received and filed and approved recommenda- We hereby certify that the individuals listed tion. Seconded by Jones. Motion carried 7-0. below have passed the written examination and that the appointments to a vacancy in this One Ummah Consulting for Diversity Training: position shall be made from this list and that this City Manager recommending approval of the list is certified for two (2) years from the above negotiated contract with One Ummah Consulting date. EQUIPMENT OPERATOR I for Diversity Training and Organizational Devel- opment, presented and read. Connors moved Brian Odefey Jeff Steuer that the communication be received and filed Terrance Leibold Paul Herman and approved recommendation. Seconded by Raymond Behnke Brian Lochner Jones. Motion carried 7-0. Randall Ludowitz Mark Tranel Bill Kelly Bob Barry City Hall First Floor Restrooms – Request for Paul Davis Tim Lattner Proposals: City Manager recommending ap- Respectfully submitted, proval of a contract with Anderson Design & Merle Duehr, Chairperson Consulting, Inc. for architectural services for the Loras Kluesner City Hall First Floor Restrooms Project, pre- Richard Wertzberger sented and read. Connors moved that the Civil Service Commission communication be received and filed and Connors moved that the above Civil Service approved recommendation. Seconded by Jones. certification be made a matter of record. Motion carried 7-0. Seconded by Jones. Motion carried 7-0. PEG Access Capital Grant Expenditure: City March 2, 2006 Manager recommending approval of a request Honorable Mayor and from Mediacom for funding from the Capital Members of the City Council Grant for Access Equipment and Facilities in the amount of $6,089 for a new switcher for Media- 90 Regular Session, March 20, 2006 In accordance with Chapter 400 of the 2005 Merle Duehr, Chairperson Code of Iowa, an examination for the position of Loras Kluesner Truck Driver was given on February 1, 2006. Richard Wertzberger We hereby certify that the individuals listed Civil Service Commission below have passed the written examination and Connors moved that the above Civil Service that the appointments to a vacancy in this certification be received and filed and made a position shall be made from this list and that this matter of record. Seconded by Jones. Motion list is certified for two (2) years from the above carried 7-0. date. TRUCK DRIVER March 2, 2006 Darrin L. Smith William Gansen Honorable Mayor and David P. Richard Mark Culbertson Members of the City Council Timothy Neuhaus Elmer E. Heacock In accordance with Chapter 400 of the 2005 Joseph V. Boge Larry Hayes Code of Iowa, an examination for the position of Jerome W. Ben Paul Dement Golf Course Supervisor was conducted as a Scott Tuthill Jason T. Mouring “take home” test. This exam was evaluated by Donald J. Weig Shawn Roth City staff and final scoring approved. Darrin Steil Susan A. Davis We hereby certify that the following individuals Joel A. Kramer George E. Herman have passed this written examination and the Thomas P. Unsen Michael W. Spoerl vacancy for this position should be made from Raymond J. Behnke Dave H. Lehman this list. We further state that this list is good for Chris M. Oberbroeckling Steven L. Deppe two (2) years from above date. GOLF COURSE SUPERVISOR Randy J. Gerardy Steven T. Christ Steven R. Oberhoffer Scott Nicks Gerald Lange Steve Driscoll James LaPage Michael Denman Alvy Kennedy Steven T. Clewell Respectfully submitted, Drew M. Noel James J. Lindecker Merle J. Duehr, Jr., Chairperson Jerry T. Powers Randy Grant Loras J. Kluesner Kevin J. Merkes Greg Griffin Richard Wertzberger Denis W. Fangman Alan J. Sabers Civil Service Commission DeVon L. Higbie Connors moved that the above Civil Service Respectfully submitted, certification be received and filed and made a Merle Duehr, Chairperson matter of record. Seconded by Jones. Motion Loras Kluesner carried 7-0. Richard Wertzberger Civil Service Commission Altar Scrap Rezoning: Communication from Connors moved that the above Civil Service Dave Beidler, representing his mother, request- certification be made a matter of record. ing that the name Mrs. Donna Beidler be re- Seconded by Jones. Motion carried 7-0. moved from the petition in opposition to the Altar Scrap rezoning, presented and read. Connors March 2, 2006 moved that the communication be received and Honorable Mayor and filed. Seconded by Jones. Motion carried 7-0. Members of the City Council In accordance with Chapter 400 of the 2005 Dubuque Regional Humane Society: Commu- Code of Iowa, an examination for the position of nication from the Dubuque Regional Humane Foreman was given on February 15, 2006. Society in opposition to the proposed rezoning We hereby certify that the individuals listed for Alter Salvage / Tschiggfrie Excavating below have passed the written examination and request at 190 North Crescent Ridge, presented that the appointments to a vacancy in this and read. Connors moved that the communica- position shall be made from this list and that this tion be received and filed. Seconded by Jones. list is certified for two (2) years from the above Motion carried 7-0. date. FOREMAN Legislative Issues: City Manager communica- Elmer Heacock Brian Odefey tion to federal legislators regarding continued Kevin J. Grace Arthur G. Hedley support of the Community Services Block Grant Thomas Kramer Nicholas S. Bibb (CSBG) Program, presented and read. Connors Jeff J. Steuer Paul A. Herman moved that the communication be received and Robert J. Barry Terrance J. Leibold filed. Seconded by Jones. Motion carried 7-0. Paul Davis Terry Nadermann City Manager communication to Congressman Kenneth McClean Robert Blondin Jim Nussle requesting his help in restoring Bill Kelly funding to the Community Development Block Respectfully submitted, Grant (CDBG) Program, presented and read. Regular Session, March 20, 2006 91 Connors moved that the communication be Settlement of Claim: City Attorney recom- received and filed. Seconded by Jones. Motion mending settlement of the claim of Tom and carried 7-0. Anne Wernimont (d/b/a Beanies Café) for loss of City Manager communication to Senator income, presented and read. Connors moved Charles Grassley requesting his help in restoring that the communication be received and filed funding to the Community Development Block and approved recommendation. Seconded by Grant (CDBG) Program, presented and read. Jones. Motion carried 7-0. Connors moved that the communication be received and filed. Seconded by Jones. Motion Enterprise Zone Commission: Communication carried 7-0. from Pamela Myhre, Economic Development City Manager communication to Governor Tom Department Staff Member to the Enterprise Vilsack regarding the plans of the Dakota, Commission, requesting the reappointment of Minnesota and Eastern Railroad Corporation City Manager Michael C. Van Milligen to the (DM&E) to extend their rail line, presented and Enterprise Zone Commission, as the City read. Connors moved that the communication Council’s representative, presented and read. be received and filed. Seconded by Jones. Connors moved that the communication be Motion carried 7-0. received and filed and approved recommenda- City Manager communication to area legisla-tion. Seconded by Jones. Motion carried 7-0. tors urging a no vote to HF 2712 and its compa- nion bill SF 2265 regarding the establishment of AED Contract for Resuscitation Outcomes a deferred retirement option plan (DROP) for the Consortium: City Manager recommending Municipal Fire and Police Retirement System, approval an agreement with Zoll Corporation for presented and read. Connors moved that the Automatic External Defibrillators (AED) pro communication be received and filed. Seconded monitor defibrillators for a five year period at no by Jones. Motion carried 7-0. cost to the City for participation in a National Institute of Health Resuscitation Outcomes Dubuque Metropolitan Area Solid Waste Consortium (ROC), presented and read. Con- Agency: Communication from the Dubuque nors moved that the communication be received Metropolitan Area Solid Waste Agency with-and filed and approved recommendation. drawing their request to rezone property located Seconded by Jones. Motion carried 7-0. on Highway 20 West from AG Agricultural District to LI Light Industrial District, which was Business Licenses: tabled at the May 16, 2005 City Council meeting, RESOLUTION NO. 97-06 presented and read. Connors moved that the communication be received and filed and Whereas, applications for Beer Permits have accepted withdrawal. Seconded by Jones. been submitted and filed to this Council for Motion carried 7-0. approval and the same have been examined and approved: and Mediacom: Communication from Kathleen Whereas, the premises to be occupied by McMullen, Mediacom, advising that there will be such applicants were inspected and found to a price adjustment effective May 2006, pre-comply with the Ordinances of the City and have sented and read. Connors moved that the filed proper bonds. communication be received and filed. Seconded NOW, THEREFORE, BE IT RESOLVED BY by Jones. Motion carried 7-0. THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Voluntary Annexation Application: Application That the Manager be authorized to cause to be from Thomas L. and Sheri Henschel requesting issued the following named applicants a Beer voluntary annexation to the City of Dubuque, Permit. presented and read. Connors moved that the CLASS “B” BEER (5 – DAY SPECIAL EVENT) communication be received and filed and Rotary Club of Dubuque, Rotary Club of Du- referred to the City Manager. Seconded by buque, 135 W. 8th St Jones. Motion carried 7-0. Passed, approved and adopted this 20th day of March, 2006. Historic Preservation Commission: Communi-Roy D. Buol, Mayor cation from Laura Carstens, Planning Services Attest: Jeanne F. Schneider, City Clerk Manager, advising that there is currently a Connors moved adoption of the Resolution. vacancy on the Historic Preservation Commis-Seconded by Jones. Motion carried 7-0. sion as one member has become a City em- ployee and is, therefore, ineligible to serve on the Commission, presented and read. Connors moved that the communication be received and filed. Seconded by Jones. Motion carried 7-0. 92 Regular Session, March 20, 2006 th RESOLUTION NO. 98-06 Passed, adopted and approved this 20 day of Whereas, applications for Liquor Licenses March, 2006. have been submitted to this Council for approval Roy D. Buol, Mayor and the same have been examined and ap-Attest: Jeanne F. Schneider, CMC, City Clerk proved; and Cline moved adoption of the Resolution. Whereas, the premises to be occupied by such Seconded by Michalski. Motion carried 7-0. applicants were inspected and found to comply RESOLUTION NO. 100-06 with the State Laws and all City Ordinances FIXING DATE OF HEARING ON PLANS AND relevant thereto and they have filed proper SPECIFICATIONS bonds. NOW, THEREFORE, BE IT RESOLVED BY Whereas, the City Council of the City of THE CITY COUNCIL OF THE CITY OF DUBU-Dubuque, Iowa has given its preliminary ap- QUE, IOWA: proval on the proposed plans, specifications, That the Manager be authorized to cause to be and form of contract and placed same on file in issued the following named applicants a Liquor the office of the City Clerk for public inspection License. of the 2006 Asphalt Paving Project. CLASS “C” BEER/LIQUOR LICENSE NOW THEREFORE, BE IT RESOLVED BY Los Arcos, Los Arcos+, (Sunday Sale), 2035 THE CITY COUNCIL OF THE CITY OF DUBU- JFK Rd. QUE, IOWA: th Copper Kettle, Copper Kettle, 2987 Jackson That a public hearing will be held on the 17 St. day of April, 2006, at 6:30 p.m. in the Public Bar X, Bar-X+, (Sunday Sale), 2616 Windsor Library Auditorium at which time interested Ave. persons may appear and be heard for or against Dubuque Racing Assoc., DBQ Greyhound the proposed plans and specifications, form of Park / Casino+(Sunday/Outdoor), 1855 Grey-contract and cost of said improvement, and the hound Dr. City Clerk be and is hereby directed to cause a City of Dubuque, Bunker Hill Golf Course, notice of time and place of such hearing to be +(Sunday/Outdoor Sale), 2200 Bunker Hill published in a newspaper having general Isabella’s at the Ryan House, Isabella’s+, circulation in the City of Dubuque, Iowa, which (Sunday Sale), 1375 Locust St. notice shall be not less than four days nor more Knights of Columbus, Knights of Columbus # than twenty days prior to the day fixed for its 510+(Sunday Sale), 781 Locust St. consideration. At the hearing, any interested Passed, approved and adopted this 20th day person may appear and file objections to the of March, 2006. proposed plans, specifications, contract, or Roy D. Buol, Mayor estimated cost of the improvement. th Attest: Jeanne F. Schneider, City Clerk Passed, adopted and approved this 20 day of Connors moved adoption of the Resolution. March, 2006. Seconded by Jones. Motion carried 7-0. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk ITEMS TO BE SET FOR PUBLIC HEARING Cline moved adoption of the Resolution. Seconded by Michalski. Motion carried 7-0. 2006 Asphalt Paving Project: City Manager RESOLUTION NO. 101-06 recommending initiation of the public bidding ORDERING BIDS process for the 2006 Asphalt Paving Project and that a public hearing be set for April 17, 2006 to NOW THEREFORE, BE IT RESOLVED BY consider adoption of the plans and specifica-THE COUNCIL OF THE CITY OF DUBUQUE, tions, presented and read. Cline moved that the IOWA: communication be received and filed. Seconded That the 2006 Asphalt Paving Project is by Michalski. Motion carried 7-0. hereby ordered to be advertised for bids for construction. RESOLUTION NO. 99-06 BE IT FURTHER RESOLVED that the amount PRELIMINARY APPROVAL OF PLANS AND of the security to accompany each bid shall be in SPECIFICATIONS an amount which shall conform to the provisions NOW THEREFORE, BE IT RESOLVED BY of the Notice to Bidders hereby approved as a THE CITY COUNCIL OF THE CITY OF DUBU-part of the plans and specifications heretofore QUE, IOWA: adopted. That the proposed plans, specifications, form That the City Clerk is hereby directed to of contract and estimated cost for the 2006 advertise for bids for the construction of the Asphalt Paving Project in the estimated amount improvements herein provided, to be published of $1,208,750.43 are hereby approved and in a newspaper having general circulation in the ordered filed in the office of the City Clerk for City of Dubuque, Iowa, which notice shall not be public inspection. less than four days nor more than forty-five days Regular Session, March 20, 2006 93 prior to the receipt of said bids at 2:00 p.m. on published in a newspaper having general th the 11 day of April, 2006. Bids shall be opened circulation in the City of Dubuque, Iowa, which and read by the City Clerk at said time and will notice shall be not less than four days nor more be submitted to the Council for final action at than twenty days prior to the day fixed for its th 6:30 p.m. on the 17 day of April, 2006. consideration. At the hearing, any interested th Passed, adopted and approved this 20 day of person may appear and file objections to the March, 2006. proposed plans, specifications, contract, or Roy D. Buol, Mayor estimated cost of the improvement. th Attest: Jeanne F. Schneider, CMC, City Clerk Passed, adopted and approved this 20 day of Cline moved adoption of the Resolution. March, 2006. Seconded by Michalski. Motion carried 7-0. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Port of Dubuque Parking Lot #1 Project: City Cline moved adoption of the Resolution. Manager recommending initiation of the public Seconded by Michalski. Motion carried 7-0. bidding process for the Port of Dubuque Parking RESOLUTION NO. 104-06 Lot #1 Project and that a public hearing be set ORDERING BIDS for April 17, 2006 to consider adoption of the plans and specifications, presented and read. NOW THEREFORE, BE IT RESOLVED BY Cline moved that the communication be re-THE COUNCIL OF THE CITY OF DUBUQUE, ceived and filed. Seconded by Michalski. Motion IOWA: carried 7-0. That the Port of Dubuque - Parking Lot No. 1 Reconstruction and Landscaping Project is RESOLUTION NO. 102-06 hereby ordered to be advertised for bids for PRELIMINARY APPROVAL OF PLANS AND construction. SPECIFICATIONS BE IT FURTHER RESOLVED, that the amount NOW THEREFORE, BE IT RESOLVED BY of the security to accompany each bid shall be in THE CITY COUNCIL OF THE CITY OF DUBU-an amount which shall conform to the provisions QUE, IOWA: of the Notice to Bidders hereby approved as a That the proposed plans, specifications, form part of the plans and specifications heretofore of contract and estimated cost for the Port of adopted. Dubuque - Parking Lot No. 1 Reconstruction and That the City Clerk is hereby directed to Landscaping Project in the estimated amount of advertise for bids for the construction of the $454,740 are hereby approved and ordered filed improvements herein provided, to be published in the office of the City Clerk for public inspec-in a newspaper having general circulation in the tion. City of Dubuque, Iowa, which notice shall not be th Passed, adopted and approved this 20 day of less than four days nor more than forty-five days March, 2006. prior to the receipt of said bids at 2:00 p.m. on th Roy D. Buol, Mayor the 6 day of April, 2006. Bids shall be opened Attest: Jeanne F. Schneider, CMC, City Clerk and read by the City Clerk at said time and will Cline moved adoption of the Resolution. be submitted to the Council for final action at th Seconded by Michalski. Motion carried 7-0. 6:30 p.m. on the 17 day of April, 2006. th Passed, adopted and approved this 20 day of RESOLUTION NO. 103-06 March, 2006. FIXING DATE OF HEARING ON PLANS AND Roy D. Buol, Mayor SPECIFICATIONS Attest: Jeanne F. Schneider, CMC, City Clerk Whereas, the City Council of the City of Cline moved adoption of the Resolution. Dubuque, Iowa has given its preliminary ap-Seconded by Michalski. Motion carried 7-0. proval on the proposed plans, specifications, and form of contract and placed same on file in A.Y. McDonald Park Development – Phase II the office of the City Clerk for public inspection Project: City Manager recommending initiation of of the Port of Dubuque - Parking Lot No. 1 the public bidding process for the A.Y. McDo- Reconstruction and Landscaping Project. nald Park Development – Phase II Project and NOW THEREFORE, BE IT RESOLVED BY that a public hearing be set for May 1, 2006 to THE CITY COUNCIL OF THE CITY OF DUBU-consider adoption of the plans and specifica- QUE, IOWA: tions, presented and read. Cline moved that the th That a public hearing will be held on the 17 communication be received and filed. Seconded day of April, 2006, at 6:30 p.m. in the Public by Michalski. Motion carried 7-0. Library Auditorium at which time interested RESOLUTION NO. 105-06 persons may appear and be heard for or against PRELIMINARY APPROVAL OF PLANS AND the proposed plans and specifications, form of SPECIFICATIONS contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a BE IT RESOLVED BY THE CITY COUNCIL notice of time and place of such hearing to be OF THE CITY OF DUBUQUE, IOWA: 94 Regular Session, March 20, 2006 That the proposed plans, specifications, form That the City Clerk is hereby directed to of contract and estimated cost for the A.Y. advertise for bids for the construction of the McDonald Park Development Project, Phase II, improvements herein provided, to be published in the estimated amount of $658,758, are hereby in a newspaper having general circulation in the approved and ordered filed in the office of the City of Dubuque, Iowa, which notice shall not be City Clerk, for public inspection. less than four days nor more than forty-five days Passed, approved and adopted this 20th day prior to the receipt of said bids at 10:00 a.m. on of March, 2006. the 18th day of April, 2006, at IDOT, Office of Roy D. Buol, Mayor Contracts, 800 Lincoln Way, Ames, Iowa. Bids Attest: Jeanne F. Schneider, City Clerk shall be opened and read by the City Clerk at Cline moved adoption of the Resolution. said time and will be submitted to the Council for Seconded by Michalski. Motion carried 7-0. final action at 6:30 p.m. on the 1st day of May, 2006. RESOLUTION NO. 106-06 Passed, approved and adopted this 20th day FIXING DATE OF HEARING ON PLANS AND of March, 2006. SPECIFICATIONS Roy D. Buol, Mayor WHEREAS, the City Council of the City of Attest: Jeanne F. Schneider, City Clerk Dubuque, Iowa has given its preliminary ap- Cline moved adoption of the Resolution. proval on the proposed plans, specifications, Seconded by Michalski. Motion carried 7-0. and form of contract and placed same on file in BOARDS/COMMISSIONS the office of the City Clerk for public inspection of the A.Y. McDonald Park Development Project, Phase II. Applicants are invited to address the Council NOW, THEREFORE, BE IT RESOLVED, BY regarding their desire to serve on the following THE CITY COUNCIL OF THE CITY OF DUBU-Boards/Commissions: QUE, IOWA, that on the 1st day of May, 2006, a Arts and Cultural Affairs Advisory Commission public hearing will be held at 6:30 p.m. in the (One unexpired three-year term (Arts position) Public Library Auditorium, at which time inter-through 6/30/07 ested persons may appear and be heard for or Applicants: Gail Chavenelle, Catherine Good- against the proposed plans and specifications, man, Thomas Goodman, Richard Hall, Ellen form of contract and cost of said improvement, Hartman Henkels, Louise Kames, Otto Krueger, and the City Clerk be and is hereby directed to Ioana Mamali, Michelle McKinlay, Gene Perry, cause a notice of time and place of such hearing Edwin Ritts, Jr., John Tilton, Gene Tully, John to be published in a newspaper having general Woodin circulation in the City of Dubuque, Iowa, which The following applicants appeared and re- notice shall be not less than four days nor more quested Council consideration for appointment than twenty days prior to the day fixed for its to the Arts and Cultural Affairs Advisory Com- consideration. At the hearing, any interested mission: Gail Chavenelle, Gene Tully, Tom person may appear and file objections to the Goodmann, Ellen Hartman Henkels, Otto proposed plans, specifications, contract, or Krueger, John Woodin and Louise Kames. estimated cost of the improvement. Passed, approved and adopted this 20th day Zoning Board of Adjustment (One 5-year term of March, 2006. through 3/25/11 – term of Klauer) Applicant: Roy D. Buol, Mayor Randy Klauer. Randy Klauer spoke requesting Attest: Jeanne F. Schneider, City Clerk consideration for reappointment. Cline moved adoption of the Resolution. Seconded by Michalski. Motion carried 7-0. Appointments to the following Boards / Com- missions: Community Development Advisory RESOLUTION NO. 107-06 Commission (One At-Large position [Wain- ORDERING BIDS wright] through 2/15/09 and one Low/Moderate BE IT RESOLVED BY THE COUNCIL OF Income position [Isenhart] through 2/15/09) THE CITY OF DUBUQUE, IOWA: Applicants for At-Large Position: R.J. Sullivan, That the A.Y. McDonald Park Development Thomas C. Wainwright; Applicant for Low / Project, Phase II is hereby ordered to be adver-Moderate Income Position: Hillary A. Stubben. tised for bids for construction. BE IT FURTHER RESOLVED, that the amount Upon unanimous vote, Thomas Wainwright of the security to accompany each bid shall be in was reappointed to a three year term which will an amount which shall conform to the provisions expire 2/15/09. of the notice to bidders hereby approved as a Michalski moved that Hillary A. Stubben be part of the plans and specifications heretofore appointed to a three year term which will expire adopted. 2/15/09. Seconded by Cline. Motion carried 7-0. Regular Session, March 20, 2006 95 Electrical Code Board (One Journeyman / Jim Sullivan, 3091 Oak Crest, spoke question- Maintenance position [Pfohl] through 5/21/08, ing the fencing of this development. one At-Large position [Pregler] through 5/21/08, An Ordinance amending Appendix A (the and two Electrical Background positions [new] Zoning Ordinance) of the City of Dubuque Code through 5/21/09) Applicants: Bob Schmidt, Paul of Ordinances by reclassifying property located J. Uhlrich - Additional Applicant: Kevin Pfohl at 55 West 32nd Street from AG Agricultural Michalski moved that Kevin Pfohl be reap-District to HI Heavy Industrial District, presented pointed to an unexpired term to expire 5/21/08 and read. Michalski moved that this be consi- and Bob Schmidt and Paul Uhlrich appointed to dered the first reading of the Ordinance. new terms which will expire 5/21/09. Seconded Seconded by Cline. Carried by the following by Cline. Motion carried 7-0. vote: Yeas—Braig, Cline, Connors, Jones, Lynch. Nays—Buol, Michalski. TV Cable Teleprogramming Commission (one vacant term through 6/30/06 and one Alta Vista / Carlotta Street Reconstruction vacant term through 6/30/07): Applicant: Burton Project: Proof of publication on notice of hearing Everist Connors moved that Mr. Everist be to consider adoption of the plans and specifica- appointed to a term to expire 6/30/07. tions for the Alta Vista / Carlotta Street Recon- Seconded by Cline. Motion carried 7-0. struction Project and City Manager recommend- ing approval of the plans and specifications and PUBLIC HEARINGS the Resolution of Necessity, presented and read. Connors moved that the proof and com- 605 Peru Road – Request to Rezone: Com-munication be received and filed. Seconded by munication from Robert Clauer requesting that Jones. Motion carried 7-0. the rezoning of property located at 605 Peru RESOLUTION NO. 108-06 Road be tabled; Proof of publication on notice ADOPTING PLANS AND SPECIFICATIONS of hearing to consider rezoning property located at 605 Peru Road from R-1 Single-Family Whereas, on the 15th day of February, 2006, Residential District to LI Light Industrial District plans, specifications, form of contract and as requested by Robert Clauer, presented and estimated cost were filed with the City Clerk of read. Cline moved that the communication be Dubuque, Iowa for the Alta Vista – Carlotta received and filed and tabled action on the Streets Reconstruction Project. rezoning. Seconded by Lynch. Motion carried 7- Whereas, notice of hearing on plans, specifica- 0. tions, form of contract, and estimated cost was published as required by law. Michalski moved that the rules be suspended NOW THEREFORE, BE IT RESOLVED BY to allow anyone present to address the Council. THE CITY COUNCIL OF THE CITY OF DUBU- Seconded by Cline. Motion carried 7-0. QUE, IOWA: That the said plans, specifications, form of Roger Kunde/North End Wrecking – Request contract and estimated cost are hereby ap- to Rezone (Tabled on February 20, 2006): Proof proved as the plans, specifications, form of of publication on notice of hearing to consider contract and estimated cost for said improve- rezoning property located at 55 West 32nd ments for said project. th Street from AG Agricultural District to HI Heavy Passed, adopted and approved this 20 day of Industrial District as requested by Roger March, 2006. Kunde/North End Wrecking and Zoning Advisory Roy D. Buol, Mayor Commission recommending approval; Commu-Attest: Jeanne F. Schneider, CMC, City Clerk nication from Joseph J. Bitter, representing Connors moved adoption of the Resolution. North End Wrecking, regarding the requested Seconded by Jones. Motion carried 7-0. rezoning; Communication from Paul J. Uhlrich, RESOLUTION NO. 109-06 480 Olympic Heights Road, in opposition to the WITH RESPECT TO THE ADOPTION OF THE proposed rezoning; Communication from Hope RESOLUTION OF NECESSITY PROPOSED Huseman submitting a petition in opposition to FOR THE ALTA VISTA - CARLOTTA the proposed rezoning for North End Wrecking; STREETS RECONSTRUCTION PROJECT Communication from Dan McDermott, McDer- mott Brothers Construction, in opposition to the Whereas, the City Council has proposed a proposed rezoning, presented and read. Resolution of Necessity for the Alta Vista - Steve Simon, 2160 Clarke Drive, distributed a Carlotta Streets Reconstruction Project has letter and spoke in support of the requested given notice of the public hearing thereon as rezoning. required by law; and Hope Huseman, 245 Olympic Heights, Bill Whereas, the public hearing has been held, all Link, 800 Hawkeye Heights, Joan Schueller and persons offering objections have been heard Mike Burns spoke in opposition to the proposed and consideration given to all objections and is rezoning. pending before this Council; and 96 Regular Session, March 20, 2006 Whereas, this is the time and place set as be in the best interests of the City and residents provided for the taking of action on the proposed thereof: Resolution of Necessity. NOW, THEREFORE, BE IT RESOLVED BY NOW THEREFORE, BE IT RESOLVED BY THE THE CITY COUNCIL OF THE CITY OF DUBU- CITY COUNCIL OF THE CITY OF DUBUQUE, QUE, IOWA: IOWA: Section 1. That this Council does hereby That the proposed Resolution of Necessity institute proceedings and take additional action described above is hereby: for the sale and issuance in the manner required __X__ Adopted, without amendment, and all by law of not to exceed $2,900,000 General objections filed or made having been duly Obligation Bonds for the foregoing essential considered are overruled. corporate purposes. ______ Adopted as amended by the Sche- Section 2. That this Resolution be and does dule of Assessments attached hereto as Exhibit hereby serve as a declaration of official intent A, and made a part hereof by reference. All under Treasury Regulation 1.150-2, because the objections filed or made having been duly City reasonably expects to reimburse with the considered are overruled. proceeds of the Bonds, all or a portion of original ______ Deferred for later consideration to a expenditures incurred in connection with the City Council meeting to be held on the _____ above purpose. day of , 2006, next at 6:30 p.m. in the PASSED AND APPROVED this 20th day of Public Library Auditorium, with jurisdiction March, 2006. retained for further consideration and action at Roy D. Buol, Mayor the adjourned meeting. Attest: Jeanne F. Schneider, City Clerk ______ Abandoned. Cline moved adoption of the Resolution. Passed, adopted and approved this 20th day Seconded by Jones. Motion carried 7-0. of March, 2006. Roy D. Buol, Mayor General Obligation Urban Renewal Bonds – Attest: Jeanne F. Schneider, CMC, City Clerk Parking Ramp Restoration Projects: Proof of Connors moved adoption of the Resolution. publication on notice of hearing to consider Seconded by Jones. Motion carried 7-0. issuing $910,000 in General Obligation Urban Renewal Bonds to support restoration projects General Obligation Bonds – Stormwater at the Locust Street and Iowa Street Parking Projects: Proof of publication on notice of Ramps and City Manager recommending hearing to consider issuing $2,900,000 in approval to take additional action for the is- General Obligation Bonds to support stormwater suance, presented and read. Cline moved that projects and City Manager recommending the communication be received and filed. approval to take additional action for the is-Seconded by Connors. Motion carried 7-0. suance, presented and read. Cline moved that RESOLUTION NO. 111-06 the proof and communication be received and INSTITUTING PROCEEDINGS TO TAKE filed. Seconded by Jones. Motion carried 7-0. ADDITIONAL ACTION FOR THE ISSUANCE RESOLUTION NO. 110-06 OF NOT TO EXCEED $910,000 GENERAL INSTITUTING PROCEEDINGS TO TAKE OBLIGATION URBAN RENEWAL BONDS ADDITIONAL ACTION FOR THE ISSUANCE WHEREAS, pursuant to notice published as OF NOT TO EXCEED $2,900,000 GENERAL required by law, this Council has held a public OBLIGATION BONDS meeting and hearing upon the proposal to WHEREAS, pursuant to notice published as institute proceedings for the issuance of not to required by law, this Council has held a public exceed $910,000 General Obligation Urban meeting and hearing upon the proposal to Renewal Bonds for urban renewal purposes of institute proceedings for the issuance of not to the City, in order to provide funds for paying exceed $2,900,000 General Obligation Bonds costs of aiding in the planning, undertaking and for essential corporate purposes of paying costs carrying out of urban renewal project activities of the acquisition, construction and installation of under the authority of Chapter 403 of the Code stormwater and storm sewer utility facilities and of Iowa and the Urban Renewal Plan for the improvements, including the 32nd Street Deten-Greater Downtown Urban Renewal District, tion Basin construction, Bee Branch land acqui-including those costs associated with the con- sition, North Fork Catfish Creek Ditch and struction of improvements to the Iowa Street and Culvert construction, and other storm sewer, Locust Street public parking ramp facilities, and stream bank and detention basin improvements, no petition was filed calling for a referendum and has considered the extent of objections thereon, and this Council has considered the received from residents or property owners as to extent of objections received from residents or said proposed issuance of Bonds; and, accor-property owners as to said proposed issuance of dingly the following action is now considered to bonds; and, accordingly the following action is Regular Session, March 20, 2006 97 now considered to be in the best interests of the for the sale and issuance in the manner required City and residents thereof: by law of not to exceed $3,730,000 General NOW, THEREFORE, BE IT RESOLVED BY Obligation Refunding Bonds for the foregoing THE CITY COUNCIL OF THE CITY OF DUBU-essential corporate purpose. th QUE, IOWA: PASSED AND APPROVED this 20 day of Section 1. That this Council does hereby March, 2006. institute proceedings and take additional action Roy D. Buol, Mayor for the sale and issuance in the manner required Attest: Jeanne F. Schneider, City Clerk by law of not to exceed $910,000 General Cline moved adoption of the Resolution. Obligation Urban Renewal Bonds for the fore-Seconded by Connors. Motion carried 7-0. going urban renewal purposes. Section 2. That this Resolution be and does Sale of General Obligation Bonds (Not a hereby serve as a declaration of official intent Public Hearing): City Manager recommending under Treasury Regulation 1.150-2, because the approval of the proceedings to set the date of City reasonably expects to reimburse with the sale of General Obligation Bonds in the aggre- proceeds of the Bonds, all or a portion of original gate principal amount of $7,305,000, presented expenditures incurred in connection with the and read. Cline moved that the communication above purpose. be received and filed. Seconded by Connors. Passed and approved this 20th day of March, Motion carried 7-0. 2006. RESOLUTION NO. 113-06 Roy D. Buol, Mayor DIRECTING THE ADVERTISEMENT FOR Attest: Jeanne F. Schneider, City Clerk SALE OF GENERAL OBLIGATION BONDS, Cline moved adoption of the Resolution. SERIES 2006A, GENERAL OBLIGATION Seconded by Connors. Motion carried 7-0. URBAN RENEWAL BONDS, SERIES 2006B, AND GENERAL OBLIGATION REFUNDING General Obligation Bonds – Refunding of BONDS, SERIES 2006C, IN THE AGGRE- Balances: Proof of publication on notice of GATE PRINCIPAL AMOUNT OF $7,305,000, hearing to consider issuing $3,730,000 in AND APPROVING ELECTRONIC BIDDING General Obligation Bonds to refund the out- PROCEDURES standing balance on 2000 Series B and C Bonds and City Manager recommending approval to WHEREAS, the City of Dubuque, Iowa, is in take additional action for the issuance, pre-need of funds to pay costs of the acquisition, sented and read. Cline moved that the proof and construction, and installation of stormwater and communication be received and filed. Seconded storm sewer utility facilities and improvements, by Connors. Motion carried 7-0. including the 32nd Street Detention Basin construction, Bee Branch land acquisition, North RESOLUTION NO. 112-06 Fork Catfish Creek Ditch and Culvert construc- INSTITUTING PROCEEDINGS TO TAKE tion, and other storm sewer, stream bank and ADDITIONAL ACTION FOR THE ISSUANCE detention basin improvements, essential corpo- OF NOT TO EXCEED $3,730,000 GENERAL rate purpose projects, and it is deemed neces- OBLIGATION REFUNDING BONDS sary and advisable that the City issue general WHEREAS, pursuant to notice published as obligation bonds for said purpose in the amount required by law, this Council has held a public of not to exceed $2,900,000 as authorized by meeting and hearing upon the proposal to Section 384.25 of the City Code of Iowa; and institute proceedings for the issuance of not to WHEREAS, pursuant to notice published as exceed $3,730,000 General Obligation Refund-required by Section 384.25 this Council has held ing Bonds for the essential corporate purpose of a public meeting and hearing upon the proposal paying costs of refunding and refinancing of to institute proceedings for the issuance of the outstanding City indebtedness, consisting of the above described Bonds, and all objections, if General Obligation Bonds, Series 2000B, dated any, to such Council action made by any resi- June 1, 2000, and the General Obligation dent or property owner of said City were re- Bonds, Series 2000C, dated November 1, 2000, ceived and considered by the Council; and it is and has considered the extent of objections the decision of the Council that additional action received from residents or property owners as to be taken for the issuance of said Bonds, and said proposed issuance of Bonds; and, accor-that such action is considered to be in the best dingly the following action is now considered to interests of said City and the residents thereof; be in the best interests of the City and residents and thereof: WHEREAS, the City also is in need of funds NOW, THEREFORE, BE IT RESOLVED BY to pay costs of aiding in the planning, undertak- THE CITY COUNCIL OF THE CITY OF DUBU-ing and carrying out of urban renewal project QUE, IOWA: activities under the authority of Chapter 403 of Section 1. That this Council does hereby the Code of Iowa and the Urban Renewal Plan institute proceedings and take additional action for the Greater Downtown Urban Renewal 98 Regular Session, March 20, 2006 District, including those costs associated with NOW, THEREFORE, BE IT RESOLVED BY the construction of improvements to the Iowa THE CITY COUNCIL OF THE CITY OF DUBU- Street and Locust Street public parking ramp QUE, IOWA: facilities, and it is deemed necessary and Section 1. That the receipt of electronic bids by advisable that the City issue general obligation facsimile machine and through the PARITY® urban renewal bonds for said purpose to the competitive bidding system described in the amount of not to exceed $910,000 as authorized Notice of Sale are hereby found and determined by Sections 403.12 of the Code of Iowa; and to provide reasonable security and to maintain WHEREAS, pursuant to notice published as the integrity of the competitive bidding process, required by Sections 403.12 this Council has and to facilitate the delivery of bids by interested held a public meeting and hearing upon the parties in connection with the offering of the proposal to institute proceedings for the is-Bonds hereinafter described at public sale. suance of the above described Bonds, and no Section 2. That the City Manager be and is petitions were filed calling for an election there-hereby authorized and directed to determine an on and all objections, if any, to such Council appropriate date for sale of the Bonds and that action made by any resident or property owner the Clerk, upon being so notified by the City of said City were received and considered by the Manager of the sale date, is hereby directed to Council; and it is the decision of the Council that publish notice of sale of said Bonds at least additional action be taken for the issuance of once, the last one of which shall be not less than said Bonds, and that such action is considered four clear days nor more than twenty days to be in the best interests of said City and the before the date of the sale. Publication shall be residents thereof; and made in the Telegraph Herald, a legal newspa- WHEREAS, the City also is in need of funds per, printed wholly in the English language, to pay costs of refunding and refinancing of published within the county in which the Bonds outstanding City indebtedness, consisting of the are to be offered for sale or an adjacent county. General Obligation Bonds, Series 2000B, dated Said notice is given pursuant to Chapter 75 of June 1, 2000, and the General Obligation the Code of Iowa, and shall state that this Bonds, Series 2000C, dated November 1, 2000, Council, on the date of sale selected by the City an essential corporate purpose project, and it is Manager, at 6:30 o'clock P.M., will hold a deemed necessary and advisable that the City meeting to receive and act upon bids for said issue general obligation refunding bonds for said Bonds; said notice to be in substantially the purpose to the amount of $3,495,000 as autho-following form: rized by Section 384.25 of the City Code of NOTICE OF BOND SALE Iowa; and Time and Place of Sealed Bids: Sealed bids WHEREAS, pursuant to notice published as for the sale of Bonds of the City of Dubuque, required by Section 384.25 this Council has held Iowa, will be received at the office of the Finance a public meeting and hearing upon the proposal Director, City Hall, 50 West 13th Street, in the to institute proceedings for the issuance of the City of Dubuque, Iowa (the "Issuer") at 11:00 above described Bonds in the principal amount o'clock A.M., on the 3rd day of March, 2006. The of not to exceed $3,730,000, and all objections, bids will then be publicly opened and referred for if any, to such Council action made by any action to the meeting of the City Council in resident or property owner of said City were conformity with the terms of offering. received and considered by the Council; and it is Sale and Award: The sale and award of the the decision of the Council that additional action Bonds will be held at the Auditorium, Carnegie- be taken for the issuance of said Bonds, and Stout Public Library, Dubuque, Iowa, at a that such action is considered to be in the best meeting of the City Council on the above date at interests of said City and the residents thereof; 6:30 o'clock P.M. and The Bonds: The Bonds to be offered are the WHEREAS, the Council has received informa-following: tion from its Financial Consultant recommending GENERAL OBLIGATION BONDS, SERIES the procedure hereinafter described for electron-2006A, in the amount of $2,900,000, to be dated ic, facsimile and internet bidding to maintain the the date of delivery. integrity and security of the competitive bidding GENERAL OBLIGATION URBAN RENEWAL process and to facilitate the delivery of bids by BONDS, SERIES 2006B, in the amount of interested parties; and $910,000, to be dated the date of delivery. WHEREAS, the Council deems it in the best GENERAL OBLIGATION REFUNDING interests of the City and the residents thereof to BONDS, SERIES 2006C, in the amount of receive bids to purchase such Bonds by means $3,495,000, to be dated the date of delivery. of both sealed and electronic internet communi- (together, the "Bonds") cation. Adjustment of Principal Amount. The Issuer reserves the right to increase or decrease the aggregate principal amount of the Series 2006C Regular Session, March 20, 2006 99 Bonds by an amount not to exceed $235,000. (End of Notice) Any such change will be in increments of PASSED AND APPROVED this 20th day of $5,000, and may be made in any of the maturi-March, 2006. ties. The purchase price will be adjusted propor-Roy D. Buol, Mayor tionately to reflect any change in issue size. Attest: Jeanne F. Schneider, City Clerk Manner of Bidding: Open bids will not be Cline moved adoption of the Resolution. received. Bids for each series of the Bonds will Seconded by Connors. Motion carried 7-0. be received by any of the following methods: $ Sealed Bidding: Sealed bids may be Connors moved that the rules be reinstated submitted and will be received at the office of limiting discussion to the Council. Seconded by the Finance Director, Dubuque, Iowa Braig. Motion carried 7-0. $ Electronic Internet Bidding: Electronic ACTION ITEMS internet bids will be received at the office of the Finance Director, Dubuque, Iowa. The bids must be submitted through the PARITY® competitive River Pointe Development, LLC – Request to bidding system. Rezone (First Reading on February 20, 2006; $ Electronic Facsimile Bidding: Electronic Second Reading on March 6, 2006) facsimile bids will be received at the office of the Communication from Sister Margaret Ann Finance Director, Dubuque, Iowa (facsimile Willging regarding the proposed development on number: 563/589-0890). Electronic facsimile Kelly’s Bluff; Communication from Gene Tully bids will be sealed and treated as sealed bids. requesting to address the City Council regarding Consideration of Bids: After the time for receipt the River Pointe Development; Communication of bids has passed, the close of sealed bids will from Francine Banworth requesting to address be announced. Sealed bids will then be publicly the City Council regarding the River Pointe opened and announced. Finally, electronic Development, presented and read. Cline moved internet bids will be accessed and announced. that the communications be received and filed. Official Statement: The Issuer has issued an Seconded by Jones. Motion carried 7-0. Official Statement of information pertaining to Gene Tully, 448 Summit, spoke requesting the the Bonds to be offered, including a statement of development be scaled down and Mr. Spiegel the Terms of Offering and an Official Bid Form pay for full cost of necessary improvements. for each series, which is incorporated by refer- Francine Banworth, 985 South Grandview, ence as a part of this notice. The Official State-spoke requesting final action be tabled until final ment may be obtained by request addressed to plan submitted and that it be held to scale in the City Clerk, 50 W. 13th Street, Dubuque, regards to the bluff. Iowa 52001 (telephone: 563/589-4100) or the Attorney Mike Coyle, representing River financial advisor to the City, Public Financial Pointe, spoke clarifying that tonight’s decision Management, Inc., 2600 Grand Avenue, Des was for the rezoning not the building design or Moines, Iowa 50312 (telephone: 515/243-2600). permit. Terms of Offering: All bids shall be in conformi- Dan Hammel, President of Dubuque Building ty with and the sale shall be in accord with the and Construction Trades Council, clarified that Terms of Offering as set forth in the Official rumors of using non-union labor for this project Statement. are not true. Legal Opinion: Said Bonds will be sold subject to the opinion of Ahlers & Cooney, P.C., Attor- An Ordinance Amending Appendix A (the neys of Des Moines, Iowa, as to the legality and Zoning Ordinance) of the City of Dubuque Code their opinion will be furnished together with the of Ordinances by reclassifying property located printed Bonds without cost to the purchaser and at 600 Mazzuchelli Drive from R-2 Residential all bids will be so conditioned. Except to the District to PUD Planned Unit Development extent necessary to issue their opinion as to the District with a Planned Residential designation, legality of the Bonds, the attorneys will not said Ordinance having been presented and read examine or review or express any opinion with at the Council Meetings of 2/20/06 and 3/6/06, respect to the accuracy or completeness of presented for final action. documents, materials or statements made or OFFICIAL PUBLICATION furnished in connection with the sale, issuance ORDINANCE NO. 27-06 or marketing of the Bonds. AMENDING APPENDIX A (THE ZONING Rights Reserved: The right is reserved to ORDINANCE) OF THE CITY OF DUBUQUE reject any or all bids, and to waive any irregulari- CODE OF ORDINANCES BY RECLASSIFY- ties as deemed to be in the best interests of the ING HEREINAFTER DESCRIBED PROPERTY public. LOCATED AT 600 MAZZUCHELLI DRIVE By order of the City Council of the City of FROM R-2 TWO-FAMILY RESIDENTIAL Dubuque, Iowa. DISTRICT TO PUD PLANNED UNIT DEVEL- /s/ Jeanne F. Schneider OPMENT DISTRICT WITH A PR PLANNED City Clerk of the City of Dubuque, Iowa 100 Regular Session, March 20, 2006 RESIDENTIAL DISTRICT DESIGNATION AND ments, paid to the City of Dubuque in fiscal ADOPTING A CONCEPTUAL DEVELOPMENT years 2012, 2013 and 2014. PLAN, WITH CONDITIONS, FOR RIVER 2) Parking Regulations POINTE DEVELOPMENT Off-street parking shall be provided based on a NOW, THEREFORE, BE IT ORDAINED BY ratio of 2.5 spaces per dwelling unit. THE CITY COUNCIL OF THE CITY OF DUBU-? All vehicle-related features shall be surfaced QUE, IOWA: with either asphalt or concrete. Section 1. That Appendix A (The Zoning ? Curbing and proper surface drainage of storm Ordinance) of the City of Dubuque Code of water shall be provided. Ordinances is hereby amended by reclassifying ? All parking and loading spaces shall be deli- the hereinafter-described property from R-2 neated on the surfacing material by painted Two-Family Residential District to PUD Planned stripes or other permanent means. Unit development District with a PR Planned ? The number, size and design of parking Residential District designation and adopting a spaces shall be governed by applicable provi- conceptual development plan, a copy of which is sions of City of Dubuque Ordinances enforced at attached to and made a part hereof, with condi-the time of development of the lot. tions as: ? The number, size, design and location of Lot 2 of City Lot 723, City Lot 698, City Lot parking spaces designated for persons with 693A, Lot 1 of Lot 2 City Lot 694, Lot 2 of Lot 1 disabilities shall be according to the local, state City Lot 694, Lot 2 City Lot 697, Lot 2 City Lot or federal requirements in effect at the time of 726, Lot 2 of Lot 1 City Lot 725, Lot 1 of 1 of 19 development. City Lot 724 and Lot 2 of Roman Catholic Grave 3) Blasting shall be prohibited within the area Yard, and to the centerline of the adjoining governed by this planned unit development. public right-of-way, all in the City of Dubuque, 4) Site Lighting Iowa. a) Exterior illumination of site features shall Section 2. Pursuant to Iowa Code Section be limited to the illumination of the following: 414.5 (2003) and as an express condition of the Parking areas, driveways and loading facilities. reclassification, the undersigned property owner Pedestrian walkway surfaces and entrances to agrees to the following conditions, all of which building. the property owner further agrees are reasona- Screened storage areas. ble and imposed to satisfy the public needs that Building exterior. are caused directly by the zoning reclassifica- b) Location and Design: tion: No light source shall provide illumination onto A. Use Regulations. adjacent lots, buildings or streets in excess of The following regulations shall apply to all uses 1.0 foot candle. made of land in the above-described PUD All exterior lighting luminaries shall be de- District: signed and installed to shield light from the 1) Principal permitted uses shall be limited to: luminaire at angles above 72-degrees from a) Multi-family dwellings: Two (2) 120-unit vertical. condominium buildings. A lighting plan shall be included as part of site 2) Accessory uses shall include any use plan submittals that indicates types of lights customarily incidental and subordinate to the used and ground light pattern for building principal use it serves. lighting of building and parking-related features. B. Lot and Bulk Regulations. Fixtures mounted on a building shall not be Development of land in the PUD District shall be positioned higher than the roofline of the build- regulated as follows: ing. 1) The proposed condominium development The top post mounted free-standing fixtures shall be constructed in substantial compliance shall not be higher than 30 feet above the with the attached conceptual development plan. ground. 2) Maximum building height shall be limited to All electrical service lines to posts and fixtures 165 feet and 12-stories for buildings A and B. shall be underground and concealed inside the Building height shall be measured form the floor posts. elevation of the first story to the peak of the 5) Storm Water Conveyance: highest roof structure The developer shall be responsible for provid- C. Performance Standards ing surface or subsurface conveyance(s) of The development and maintenance of uses in storm water from the lot to existing storm sewers this PUD District shall be regulated as follows: or to flow line of open drainageways outside the 1) River Pointe Development, LLC shall lot in a means that is satisfactory to the City of contribute a total of $150,000 toward off-site Dubuque. street improvements related to this PUD. The Other applicable regulations enforced by the contribution shall be made in $50,000 incre-City of Dubuque relative to storm water man- Regular Session, March 20, 2006 101 agement and drainage shall apply to the subject controls relative to the planning, construction, property. operation and management of property within 6) Exterior Trash Collection Areas: the City of Dubuque. The storage of trash and debris shall be limited G. Transfer of Ownership to that produced by the principal permitted use Transfer of ownership or lease of property in this and accessory uses of the lot. PUD District shall include the transfer or lease All exterior trash collection areas and the agreement a provision that the purchaser or materials contained therein shall be visually lessee acknowledges awareness of the condi- screened from view. The screening shall be tions authorizing the establishment of the completely opaque fence, wall or other feature district. not exceeding a height of 10 feet measured from H. Reclassification of Subject Property the ground level outside the line of the screen. The City of Dubuque, Iowa, may initiate zoning Screens built on sloping grades shall be stepped reclassification proceedings to the R-2 Two- so that their top line shall be horizontal. Exposed Family Residential District in accordance with materials used to construct the opaque screen Section 6 of the Zoning Ordinance if the property shall be similar in appearance to materials used owner fails to complete or maintain any of the for exterior building walls. All exterior entrances conditions of this Ordinance. to a screened trash area shall be provided with a I. Modifications gate or door of similar design to that of the Any modifications of this Ordinance must be screen. approved by the City Council in accordance with If a 10-foot high screen fails to shield the zoning reclassification proceedings of Section 6 exterior trash collection area from view from of the Zoning Ordinance. points inside or outside of the property, ever-J. Occupancy Permits green plantings may be required in addition to No occupancy permit shall be issued by the City the screening. Evergreen plant materials shall of Dubuque for property included in the subject be selected and designed so that they will planned unit development district until full screen the area from all off-site visibility within compliance with this ordinance has been five (5) years. achieved. 7) Final site development plans shall be K. Recording submitted in accordance with Section 4-4 of the A copy of this Ordinance shall be recorded at Zoning Ordinance prior to construction of any the expense of the property owner(s) with the buildings. Dubuque County Recorder as a permanent D. Open Space and Recreation Areas record of the conditions accepted as part of this Open space and landscaping in the PUD District reclassification approval. This ordinance shall be shall be regulated as follows: binding upon the undersigned and his/her heirs, Those areas not designated on the conceptual successors and assigns. development plan shall be maintained as open Section 3. The foregoing amendment has space, as defined by Section 8 of the Zoning heretofore been reviewed by the Zoning Advi- Ordinance by the property owner and/or associ-sory Commission of the City of Dubuque, Iowa. ation. Section 4. The foregoing amendment shall E. Sign Regulations take effect upon publication, as provided by law. 1) Signs in the PUD District shall be regulated Passed, approved and adopted this 20th day in accordance with the OR Office Residential of March, 2006. sign regulations of the Zoning Ordinance. Roy D. Buol, Mayor 2) Variance requests from sign requirements Attest: Jeanne F. Schneider, City Clerk for size, number and height shall be reviewed by ACCEPTANCE OF ORDINANCE NO. 27-06 the Zoning Board of Adjustment in accordance I, A.J. Spiegel, representing River Pointe with Section 5-3 of the Zoning Ordinance. Development, LLC, property owner, having read F. Other Codes and Regulations the terms and conditions of the foregoing a) Service lines: All electric telephone, cable Ordinance No. 27-06 and being familiar with the or other similar utility lines serving the building conditions thereof, hereby accept this same and and other site features shall be located under-agree to the conditions required therein. ground. Dated in Dubuque, Iowa this 20th day of b) Final site development plans shall be March, 2006. submitted in accordance with Section 4-4 of the By: /s/ A.J. Spiegel Zoning Ordinance prior to construction of each Cline moved final consideration and passage building and vehicle-related features unless of the Ordinance. Seconded by Jones. Motion otherwise exempted by Section 4-4. carried 7-0. c) The use of semi-trailers and shipping containers for storage is prohibited. Fiscal Year 2007 Annual Action Plan – d) These regulations do not relieve the owner Amendment #1: Community Development from other applicable city, county, state or Advisory Commission recommending approval federal codes, regulations, laws and other of Amendment #1 to the Fiscal Year 2007 102 Regular Session, March 20, 2006 Annual Action Plan which would reduce funding vote: Yeas—Buol, Cline, Connors, Jones, for multiple public service activities; City Manag-Lynch, Michalski. Nays-Braig. er recommending approval of Amendment #1 to the Fiscal Year 2007 Annual Action Plan for the Speed Limit on Tanzanite Drive: Communica- use of Community Development Block Grant tion from Mert Atkinson, 1810 Amelia Drive, Funds by reducing the Housing and Economic requesting that the speed limit on Tanzanite Development Programs and the Community Drive between Peru Road and John Deere Road Partnership (cp2) Program, presented and read. be increased from 25 miles per hour to 35 miles Cline moved that the communication be re-per hour, presented and read. Braig moved to ceived and filed. Seconded by Michalski. receive and file the communication and to direct Carried by the following vote: Yeas—Buol, Cline, staff to review the request. Seconded by Con- Connors, Jones, Lynch, Michalski. Nays—Braig. nors. Motion failed by the following vote: Yeas— Jim Giesen, 1600 Lori, representing the Braig, Connors, Michalski. Nays—Buol, Cline, Community Development Advisory Commission, Jones, Lynch. spoke clarifying the requested amendment and stressed he would not want to see the cp2 City of Dubuque Audit Services: City Manager Program cut and requested a compromise be recommending that Eide Bailly LLP be retained considered. as the City’s auditing firm for the next five fiscal years, presented and read. Lynch moved that RESOLUTION NO. 114-06 the communication be received and filed and APPROVING AMENDMENT 1 TO THE FISCAL approved recommendation. Seconded by Braig. YEAR 2007 (PROGRAM YEAR 2006) ANNUAL Motion carried 7-0. ACTION PLAN FOR COMMUNITY DEVELOP- MENT BLOCK GRANT FUNDS. Hunting and Target Practice within City Limits Whereas, the City of Dubuque has prepared (First Reading 3/6/06): An Ordinance Amending and approved an Annual Plan for Fiscal Year City of Dubuque Code of Ordinances Chapter 2007 (Program Year 2006), and 33, Offenses and Miscellaneous Provisions, by Whereas, the City now desires to amend said adopting a new Section 33-17 Hunting Permit- FY 2007 Annual Plan to reflect the reduced FY ted, allowing hunting and target practice within 2007 CDBG allocation as per the attached the corporate limits of the City under certain Exhibit A; and conditions, said Ordinance having been pre- Whereas, said amendment is a substantial sented and read at the Council Meeting of amendment as provided in the City's Citizen 3/6/06, now presented for further action. Con- Participation Plan and must therefore be ap-nors moved that this be considered the second proved by resolution of the City Council after a reading of the Ordinance. Seconded by Lynch. public hearing by the Community Development Carried by the following vote: Yeas—Buol, Advisory Commission; and Connors, Jones, Lynch. Nays—Braig, Cline, Whereas, the City held a public comment Michalski. period beginning February 10, 2006; and COUNCIL MEMBER REPORTS Whereas, the Community Development Advi- sory Commission reviewed the proposed amendment on March 14, 2006 and voted to Cline reported she had been asked to partici- approve said amendment and to recommend pate on the TAG committee of ECIA. approval by the City Council. Michalski stated a written report of the recent NOW THEREFORE, BE IT RESOLVED BY trip to Washington DC and meeting with the THE CITY COUNCIL OF THE CITY OF DUBU-legislators was being prepared. QUE, IOWA: Buol stated he had attended an excellent Section 1. That Amendment 1 to the Fiscal seminar on emergency management at the NLC Year 2007 (Program Year 2006) Annual Plan for Conference. the Community Development Block Grant PUBLIC INPUT (CDBG) program hereto attached as Exhibit A is hereby approved. Section 2. That the City Manager is hereby At 9:19 P.M. Connors moved to go into Closed authorized and directed to submit a copy of this Session re: Pending Litigation and Property resolution to the U. S. Department of Housing Acquisition – Chapter 21.5(1) (c)(j) 2005 Code of and Urban Development. Iowa. Seconded by Braig. Motion carried 7-0. Passed, approved and adopted this 20th day of March, 2006. At 9:38 P.M. Council reconvened regular Roy D Buol, Mayor session stating staff had been given proper Attest: Jeanne F. Schneider, City Clerk direction. Cline moved adoption of the Resolution. Seconded by Michalski. Carried by the following Regular Session, April 3, 2006 103 DUBUQUE There being no further business, Connors CITY COUNCIL moved to adjourn. Seconded by Braig. Motion OFFICIAL carried 7-0. PROCEEDINGS The meeting adjourned at 9:39 P.M. /s/ Jeanne F. Schneider, CMC City Council, Regular Session, April 3, 2006 City Clerk Council met at 6:30 P.M. in the Public Library Auditorium Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski, Assis- tant City Manager Steinhauser, City Attorney Lindahl Absent: City Manager Van Milligen Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of discussing such matters which may properly come before the Council. Invocation was given by Reverend Terry Bemis, Pastor, Assembly of God Church Mayor Buol presented a City flag to visiting Librarian Irinia Koleva from Bulgaria. Proclamations: Public Health Week (April 3 – 9, 2006) received by Public Health Specialist Mary Rose Corrigan; Credit Education Week (April 16 – 22, 2006) received by Tom Berryman and Mark Lansing; Days of Remembrance of the Victims of the Holocaust (April 23 – 30, 2006); and New Homes Month (April, 2006) received by Ron Smith. CONSENT ITEMS Minutes and Reports Submitted: Airport Commission of 3/16; Cable TV Regulatory Commission of 2/8; Cable TV Teleprogramming Commission of 2/7; City Council of 3/20 and 3/27; Civil Service Commission of 3/10; Electric- al Code Board of 3/27; Environmental Steward- ship Advisory Commission of 3/7; Historic Preservation Commission of 2/23 and 3/16; Housing Code Appeals Board of 7/19/05 (As Amended) and 9/20/05; Housing Commission of 1/24; Housing Commission Trust Fund Commit- tee of 3/3; Library Board of 1/26; Long Range Planning Advisory Commission of 3/15; Transit Board of 3/9, presented and read. Cline moved that the minutes be received and filed. Seconded by Michalski. Motion carried 7-0. Library Board of Trustees Update from Meet- ing of February 23, 2006, presented and read. Cline moved that the update be received and filed. Seconded by Michalski. Motion carried 7-0. Printed City Council Proceedings for Decem- ber, 2005, presented and read. Cline moved 104 Regular Session, April 3, 2006 that the communication be received and filed with the National Mississippi River Museum and and approved as printed. Seconded by Michals-Aquarium to stencil storm drain intakes to help ki. Motion carried 7-0. fulfill a requirement for the City's NPDES Stormwater Permit, presented and read. Cline Proofs of publication of City Council Proceed-moved that the communication be received and ings of 3/2 and 3/6, the Governing Board of the filed. Seconded by Michalski. Motion carried 7-0. Municipal Housing Agency of 3/2, and the List of Claims and Summary of Revenues for month Acceptance of Easement: City Manager ending February 28, 2006, presented and read. recommending approval of the acceptance of an Cline moved that the proofs of publication be easement from the Dubuque Community School received and filed. Seconded by Michalski. District for traffic control devices for new signals Motion carried 7-0. at 11th and12th Streets at Prescott School, presented and read. Cline moved that the Notice of Claims/Suits: Allied Waste for communication be received and filed. Seconded property damage; Allied Waste for vehicle by Michalski. Motion carried 7-0. damage; Tina Marie Hessel v. City of Dubuque, RESOLUTION NO. 115-06 et al; Crystal Howel for personal injury; Richard ACCEPTING A GRANT OF EASEMENT FOR Jaeger for vehicle damage, presented and read. TRAFFIC CONTROL DEVICES TO THE CITY Cline moved that the communications be re- OF DUBUQUE ceived and filed and referred to the City Attorney for investigation/report. Seconded by Michalski. Whereas, the City of Dubuque entered into an Motion carried 7-0. Easement Agreement with the Dubuque Com- munity School District pursuant to which the City Attorney advising that the following claims Dubuque Community School District agreed to have been referred to Public Entity Risk Servic-grant an easement for traffic control devices, es of Iowa, the agent for the Iowa Communities wiring and appurtenances on part of City Lot Assurance Pool: Crystal L. Howell for personal 446, City Lot 479, and Lot A of City Lot 445 in injury; Richard Jaeger for vehicle damage, the City of Dubuque, Iowa, as shown on the presented and read. Cline moved that the exhibit attached thereto; and communications be received and filed and Whereas, the Dubuque Community School concurred. Seconded by Michalski. Motion District has executed said Grant of Easement. carried 7-0. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- City Attorney recommending approval of the QUE, IOWA: claims of Francis McDonald for property damage Section 1. The City Council of the City of and Roger Voss for personal injury and directing Dubuque, Iowa, hereby approves of, accepts Finance Department to issue payment, pre-and consents to the Grant of Easement from the sented and read. Cline moved that the commu-Dubuque Community School District, copies of nications be received and filed and concurred. which are attached hereto, as required by Iowa Seconded by Michalski. Motion carried 7-0. Code Section 569.7. Section 2. The Mayor is hereby authorized City Attorney recommending denial of the and directed to execute and acknowledge on claim of Robert D. Boelk for property damage, behalf of the City of Dubuque any instruments in presented and read. Cline moved that the connection herewith. communication be received and filed and Passed, approved and adopted this 3rd day of concurred. Seconded by Michalski. Motion April, 2006. carried 7-0. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Timber-Hyrst Estates – Creek Wood Drive Cline moved adoption of the Resolution. Bridge: City Manager recommending approval to Seconded by Michalski. Motion carried 7-0. hire IIW Engineers and Surveyors, P.C. for an amount not to exceed $7,900 to provide bridge Harvest View Estates: City Manager recom- construction engineering and inspection services mending acceptance of the public improvements for the Timber-Hyrst Estates – Creek Wood that Harvest Development Group, LLC has Drive Bridge, presented and read. Cline moved recently completed in Harvest View Estates, that the communication be received and filed presented and read. Cline moved that the and approved recommendation. Seconded by communication be received and filed. Seconded Michalski. Motion carried 7-0. by Michalski. Motion carried 7-0. NPDES Stormwater Permit - Storm Drain Stenciling Partnership: City Manager submitting information on the City of Dubuque’s partnership Regular Session, April 3, 2006 105 RESOLUTION NO. 116-06 ceived and filed. Seconded by Michalski. Motion ACCEPTING IMPROVEMENTS IN HARVEST carried 7-0. VIEW ESTATES & HARVEST BUSINESS CENTER Bunker Hill Golf Course Reservation License Whereas, pursuant to Resolution Nos. 349-01, Agreement: City manager recommending 248-02, 42-03, 470-03, 216-04, and 259-02, approval of a Reservation License Agreement certain public improvements including street with FORE for software for the tee time reserva- paving, storm sewer, sanitary sewer, watermain, tion and point of service system for the Bunker stormwater detention facilities, and street Hill Golf Course, presented and read. Cline lighting were installed by the developer of the moved that the communication be received and Harvest View Estates & Harvest Business filed and approved recommendation. Seconded Center. by Michalski. Motion carried 7-0. Whereas, the improvements have been completed and the City Manager has examined Dubuque Metropolitan Area Solid Waste the work and has filed a certificate stating that Agency: Communication from the Dubuque the same has been completed in accordance Metropolitan Area Solid Waste Agency advising with the plans approved by the City Council and that the Agency has extended the City’s Waste in conformance with City specifications, and has Delivery Contract for an additional one-year term recommended that the improvements be ac-from July 1, 2006 through June 30, 2007, cepted by the City Council. presented and read. Cline moved that the NOW, THEREFORE, BE IT RESOLVED BY communication be received and filed. Seconded THE CITY COUNCIL OF THE CITY OF DUBU-by Michalski. Motion carried 7-0. QUE, IOWA: Section 1. That the recommendation of the Certificate of Appreciation: Certificate of City Manager be approved and that said im-Appreciation to Sandi Hutchcroft for outstanding provements in the Harvest View Estates & contributions made in the Standard Operating Harvest Business Center, be and the same is Procedures Committee National Emergency hereby accepted. Number Association, presented and read. Cline Section 2. That maintenance of said public moved that the communication be received and improvements shall be the responsibility of the filed. Seconded by Michalski. Motion carried 7-0. contractors for a period of two (2) years from this date. Dubuque Regional Airport: Communication to Passed, approved and adopted this 3rd day of Norman Mineta, Office of the Secretary of April, 2006. Transportation, endorsing the Dubuque Region- Roy D. Buol, Mayor al Airport’s application for the Small Community Attest: Jeanne F. Schneider, CMC, City Clerk Air Service Development Pilot Program and their Cline moved adoption of the Resolution. plan for improving air service in the tri-state Seconded by Michalski. Motion carried 7-0. region, presented and read. Cline moved that the communication be received and filed and Long Range Planning Advisory Commission: approved recommendation. Seconded by Communication from Shannon Lundgren submit-Michalski. Motion carried 7-0. ting her resignation from the Long Range Planning Advisory Commission effective imme- Civil Service Commission: Civil Service diately, presented and read. Cline moved that Commission submitting the corrected certified the communication be received and filed. list for the position of Fire Lieutenant, presented Seconded by Michalski. Motion carried 7-0. and read. Fiscal Year 2007 – 2011 Capital Improvement March 17, 2006 Program: Communication from the Long Range Honorable Mayor and Planning Advisory Commission stating that the Members of the City Council Fiscal Year 2007 – 2011 Recommended CIP In accordance with Chapter 400 of the 2005 Budget is in conformance with the Comprehen-Code of Iowa, an examination for the position of sive Plan, presented and read. Cline moved that Equipment Operator was given on June, 2005. the communication be received and filed. We hereby certify that the individuals listed Seconded by Michalski. Motion carried 7-0. below have passed the written and oral exami- nations and that the appointments to a vacancy Legislative Correspondence: City Manager in this position shall be made from this list and correspondence to Senators Mike Connolly, that this list is certified for two (2) years from the Tom Hancock and Roger Stewart urging their above date. opposition to SF 2361 regarding the creation of FIRE LIEUTENANT (Corrected) a statewide cable franchise, presented and read. Cline moved that the communications be re-Wayne Dow Michael Burds Larry Ewert Gary Weets 106 Regular Session, April 3, 2006 Charles Blasen Jeffrey Sanderfield Hy-Vee Inc., Hy-Vee # 3+, (Sunday Sale), Michael McMahon Terry Stewart 400 Locust St. Bryan McDonald Mark Murphy Iowa Potato / Produce Hs., Tobacco World + John Fitzgerald Jerrod Atkinson (Sunday Sale), 3341 Hillcrest Rd Respectfully submitted, Passed, approved and adopted this 3rd day of Merle Duehr, Chairperson April, 2006. Loras Kluesner Roy D. Buol, Mayor Richard Wertzberger Attest: Jeanne F. Schneider, CMC, City Clerk Civil Service Commission Cline moved adoption of the Resolution. Cline moved that the Civil Service certification Seconded by Michalski. Motion carried 7-0. be received and filed and made a matter of RESOLUTION NO. 119-06 record. Seconded by Michalski. Motion carried 7-0. Whereas, applications for Liquor Licenses have been submitted to this Council for approval Business Licenses: and the same have been examined and ap- proved; and RESOLUTION NO. 117-06 Whereas, the premises to be occupied by such NOW, THEREFORE, BE IT RESOLVED BY applicants were inspected and found to comply THE CITY COUNCIL OF THE CITY OF DUBU-with the State Laws and all City Ordinances QUE, IOWA: relevant thereto and they have filed proper That the following having complied with the bonds. provisions of law relating to the sale of Ciga- NOW, THEREFORE, BE IT RESOLVED BY rettes within the City of Dubuque, Iowa, be THE CITY COUNCIL OF THE CITY OF DUBU- granted a permit to sell Cigarettes and Cigarette QUE, IOWA: Papers within said City. That the Manager be authorized to cause to be 2 NEW issued the following named applicants a Liquor Hy-Vee Gas # 3, Hy-Vee Inc., 300 Locust St, License. Hy-Vee # 3, Hy-Vee Inc., 400 Locust St CLASS “C” BEER/LIQUOR LICENSE Passed, approved and adopted this 3rd day of Salsa’s, Inc., Salsa’s Mexican Rest.+, (Sun- April, 2006. day Sale), 1091 Main St. Roy D. Buol, Mayor Mary Lou Kamp, Noonan’s Tap+, (Sunday Attest: Jeanne F. Schneider, CMC, City Clerk Sale), 1618 Central Ave. Cline moved adoption of the Resolution. Marco’s, Inc. , Marco’s Italian American Seconded by Michalski. Motion carried 7-0. Food, 2022 Central Ave. Neighbor’s, Inc., Neighbor’s Tap, 1899 RESOLUTION NO. 118-06 Rockdale Whereas, applications for Beer Permits have CLASS “B” WINE PERMIT been submitted and filed to this Council for Hy-Vee, Inc., Hy-Vee # 3, 400 Locust St. approval and the same have been examined CLASS “B” NATIVE WINE and approved: and DBQ County Historical Society, Nat’l Missis- Whereas, the premises to be occupied by such sippi River Museum, 350 E. 3rd St. applicants were inspected and found to comply Park Farm Winery, Park Farm Winery, 236 with the Ordinances of the City and have filed Main St. proper bonds. Hy-Vee, Inc., Hy-Vee Gas # 3, 300 Locust NOW, THEREFORE, BE IT RESOLVED BY St. THE CITY COUNCIL OF THE CITY OF DUBU-CLASS “E” LIQUOR QUE, IOWA: Hy-Vee, Inc., Hy-Vee # 3, 400 Locust St. That the Manager be authorized to cause to be Passed, approved and adopted this 3rd day of issued the following named applicants a Beer April, 2006. Permit. Roy D. Buol, Mayor CLASS “B” (5 DAY SPECIAL EVENT) Attest: Jeanne F. Schneider, CMC, City Clerk Music n More, Music n More Promotions, Town Cline moved adoption of the Resolution. Clock Plaza Seconded by Michalski. Motion carried 7-0. CLASS “B” BEER BOARDS/COMMISSIONS Central Coast Hospitality, Panchero’s Mex- ican Grill+(Sunday/Outd), 4840 Asbury City of Dubuque, McAleece Park / Appointments to the following Boards / Com- Recreation Com+(Sunday/Outd), 1801 Admiral missions: Sheehy Arts and Cultural Affairs Advisory Commission CLASS “C” BEER PERMIT (One unexpired three-year term (Arts position) Hy-Vee Inc., Hy-Vee Gas # 3+, (Sunday through 6/30/07 Applicants: Gail Chavenelle, Sale), 300 Locust St Catherine Goodman, Thomas Goodman, Ri- Regular Session, April 3, 2006 107 RESOLUTION NO. 121-06 chard Hall, Ellen Hartman Henkels, Louise WITH RESPECT TO THE ADOPTION OF THE Kames, Otto Krueger, Ioana Mamali, Michelle RESOLUTION OF NECESSITY PROPOSED McKinlay, Gene Perry, Edwin Ritts, Jr., John FOR THE BONSON ROAD RECONSTRUC- Tilton, Gene Tully, John Woodin TION PROJECT Vote on the appointment was as follows: Cline voted for Krueger; Connors voted for Kames; Whereas, the City Council has proposed a Jones – Abstain; Lynch voted for Hall; Michals-Resolution of Necessity for the Bonson Road ki voted for Kames; Braig voted for Kames; Reconstruction Project has given notice of the Buol voted for Henkels. There being no majority public hearing thereon as required by law; and a second vote was taken: Cline voted for Whereas, the public hearing has been held, all Krueger; Connors voted Kames; Jones – persons offering objections have been heard Abstain; Lynch voted for Kames; Michalski and consideration given to all objections and is voted for Kames; Braig voted for Kames; Buol pending before this Council; and voted for Kames. Therefore, Louise Kames was Whereas, this is the time and place set as appointed to the unexpired (Arts) three year provided for the taking of action on the proposed term which will expire 6/30/07. Resolution of Necessity. Zoning Board of Adjustment (One 5-year term NOW THEREFORE, BE IT RESOLVED BY through 3/25/11 – term of Klauer) Applicant: THE CITY COUNCIL OF THE CITY OF DUBU- Randy Klauer; Michalski moved that Randy QUE, IOWA: Klauer be reappointed to a five year term on the That the proposed Resolution of Necessity Zoning Board of Adjustment which will expire described above is hereby: 3/25/11. Seconded by Braig. Motion carried 7-0. X Adopted, without amendment, and all objections filed or made having been duly PUBLIC HEARINGS considered are overruled. Adopted as amended by the Schedule of Michalski moved to suspend the rules to allow Assessments attached hereto as Exhibit A, and anyone present to address the Council. made a part hereof by reference. All objections Seconded by Connors. Motion carried 7-0. filed or made having been duly considered are overruled. Bonson Road Reconstruction Project: Proof of Deferred for later consideration to a City publication on notice of hearing to consider Council meeting to be held on the _____ day of, adoption of the plans and specifications and 2006, next at 6:30 p.m. in the Public Library Resolution of Necessity for the Bonson Road Auditorium, with jurisdiction retained for further Reconstruction Project and City Manager consideration and action at the adjourned recommending approval, presented and read. meeting. Cline moved that the proof and communication Abandoned. be received and filed. Seconded by Connors. Passed, approved and adopted this 3rd day of Motion carried 7-0. April, 2006. Roy D. Buol, Mayor RESOLUTION NO. 120-06 Attest: Jeanne F. Schneider, CMC, City Clerk ADOPTING PLANS AND SPECIFICATIONS Cline moved adoption of the Resolution. Whereas, on the 1st day of March, 2006, Seconded by Connors. Motion carried 7-0. plans, specifications, form of contract and estimated cost were filed with the City Clerk of Former Water Department and Stealth Racing Dubuque, Iowa for the Bonson Road Recon-Buildings Demolition Project: Proof of publication struction Project. on notice of hearing to consider adoption of the Whereas, notice of hearing on plans, specifica-plans and specifications for the Former Water tions, form of contract, and estimated cost was Department and Stealth Racing Buildings published as required by law. Demolition Project and City Manager recom- NOW THEREFORE, BE IT RESOLVED BY mending approval and award of the contract to THE CITY COUNCIL OF THE CITY OF DUBU-Newt Marine Service in the amount of QUE, IOWA: $38,911.11, presented and read. Connors That the said plans, specifications, form of moved that the proof and communication be contract and estimated cost are hereby ap-received and filed. Seconded by Cline. Motion proved as the plans, specifications, form of carried 7-0. contract and estimated cost for said improve- RESOLUTION NO. 122-06 ments for said project. ADOPTING PLANS AND SPECIFICATIONS Passed, adopted and approved this 3rd day of April, 2006. Whereas, on the 15th day of March, 2006, Roy D. Buol, Mayor plans, specifications, form of contract and Attest: Jeanne F. Schneider, CMC, City Clerk estimated cost were filed with the City Clerk of Cline moved adoption of the Resolution. Dubuque, Iowa for the Former Water Depart- Seconded by Connors. Motion carried 7-0. 108 Regular Session, April 3, 2006 RESOLUTION NO. 124-06 ment and Stealth Racing - Building Demolition APPROVING CONSTRUCTION CONTRACT and Site Clearance Project. WITH NEWT MARINE SERVICE FOR THE Whereas, notice of hearing on plans, specifica- FORMER WATER DEPARTMENT AND tions, form of contract, and estimated cost was STEALTH RACING - BUILDING DEMOLITION published as required by law. AND SITE CLEARANCE PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- Whereas, the City Council by Resolution No. QUE, IOWA: 123-06 awarded the construction contract for the That the said plans, specifications, form of Former Water Department and Stealth Racing - contract and estimated cost are hereby ap-Building Demolition and Site Clearance Project proved as the plans, specifications, form of to Newt Marine Service; and contract and estimated cost for said improve- Whereas, Newt Marine Service has submitted ments for said project. the attached executed contract and bond. Passed, adopted and approved this 3rd day of NOW THEREFORE, BE IT RESOLVED BY April, 2006. THE CITY COUNCIL OF THE CITY OF DUBU- Roy D. Buol, Mayor QUE, IOWA: Attest: Jeanne F. Schneider, CMC, City Clerk 1. The contract and bond attached hereto are Connors moved adoption of the Resolution. hereby approved. Seconded by Cline. Motion carried 7-0. 2. The City Manager is hereby authorized and directed to execute the contract on behalf of the RESOLUTION NO. 123-06 City of Dubuque. AWARDING CONSTRUCTION CONTRACT Passed, approved and adopted this 3rd day of FOR THE FORMER WATER DEPARTMENT April, 2006. AND STEALTH RACING BUILDINGS DEMO- Roy D. Buol, Mayor LITION AND SITE CLEARANCE PROJECT Attest: Jeanne F. Schneider, CMC, City Clerk Whereas, sealed proposals have been submit- Connors moved adoption of the Resolution. ted by contractors for the Former Water De-Seconded by Cline. Motion carried 7-0. partment and Stealth Racing - Building Demoli- tion and Site Clearance Project pursuant to Custer Street / Allison Henderson Sewer and Resolution No. 89-06 and notice to bidders Detention Basin Project: Proof of publication on published in a newspaper published in the City notice of hearing to consider adoption of the of Dubuque, Iowa on the 10th day of March, plans and specifications for the Custer Street / 2006. Allison Henderson Sewer and Detention Basin Whereas, said sealed proposals were opened Project and City Manager recommending and read on the 23rd day of March, 2006, and it approval and award of the contract to McDer- has been determined that the bid of Newt mott Excavating in the amount of $208,795.87, Marine Service of Dubuque, Iowa, in the amount presented and read. Cline moved that the proof of $38,911.11 was the lowest bid for the furnish-and communication be received and filed. ings of all labor and materials and performing Seconded by Connors. Motion carried 7-0. the work as provided for in the plans and speci- RESOLUTION NO. 125-06 fications. ADOPTING PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- Whereas, on the 1st day of March, 2006, QUE, IOWA: plans, specifications, form of contract and That the contract for the above improvement estimated cost were filed with the City Clerk of be awarded to Newt Marine Service and the Dubuque, Iowa for the Custer/Allison-Henderson Manager be and is hereby directed to execute a Sewer and Detention Basin Project. contract on behalf of the City of Dubuque for the Whereas, notice of hearing on plans, specifica- complete performance of the work. tions, form of contract, and estimated cost was BE IT FURTHER RESOLVED: published as required by law. That upon the signing of said contract and the NOW THEREFORE, BE IT RESOLVED BY approval of the contractor’s bond, the City THE CITY COUNCIL OF THE CITY OF DUBU- Treasurer is authorized and instructed to return QUE, IOWA: the bid deposits of the unsuccessful bidders. That the said plans, specifications, form of Passed, approved and adopted this 3rd day of contract and estimated cost are hereby ap- April, 2006. proved as the plans, specifications, form of Roy D. Buol, Mayor contract and estimated cost for said improve- Attest: Jeanne F. Schneider, CMC, City Clerk ments for said project. Connors moved adoption of the Resolution. Passed, adopted and approved this 3rd day of Seconded by Cline. Motion carried 7-0. April, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Regular Session, April 3, 2006 109 Cline moved adoption of the Resolution. Roy D. Buol, Mayor Seconded by Connors. Motion carried 7-0. Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. RESOLUTION NO. 126-06 Seconded by Connors. Motion carried 7-0. AWARDING CONSTRUCTION CONTRACT FOR THE CUSTER/ALLISON-HENDERSON Floodwall Pumping Station Improvement SEWER AND DETENTION BASIN PROJECT Project: Proof of publication on notice of hearing Whereas, sealed proposals have been submit-to consider adoption of the plans and specifica- ted by contractors for the Custer/Allison-tions for the Floodwall Pumping Station Im- Henderson Sewer and Detention Basin Project provement Project and City Manager recom- pursuant to Resolution No. 92-06 and notice to mending that all bids be rejected, presented and bidders published in a newspaper published in read. Michalski moved that the proof and com- the City of Dubuque, Iowa on the 10th day of munication be received and filed. Seconded by March, 2006. Lynch. Motion carried 7-0. Whereas, said sealed proposals were opened RESOLUTION NO. 128-06 and read on the 23rd day of March, 2006, and it REJECTING ALL BIDS RECEIVED FOR THE has been determined that the bid of McDermott HAWTHORNE STREET GENERATOR Excavating of Dubuque, Iowa, in the amount of PROJECT, MAUS LAKE GENERATOR $208,795.87 was the lowest bid for the furnish- PROJECT, AND BEE BRANCH PUMPING ings of all labor and materials and performing STATION IMPROVEMENT PROJECTS the work as provided for in the plans and speci- fications. Whereas, sealed bid proposals have been NOW THEREFORE, BE IT RESOLVED BY submitted by contractors for the Hawthorne THE CITY COUNCIL OF THE CITY OF DUBU-Street Generator Project, Maus Lake Generator QUE, IOWA: Project, and Bee Branch Pumping Station That the contract for the above improvement Improvement Projects (the Project) pursuant to be awarded to McDermott Excavating and the Resolution No. 53-06 and notice to bidders Manager be and is hereby directed to execute a published in a newspaper published in the City contract on behalf of the City of Dubuque for the of Dubuque, Iowa on the 24th day of February, complete performance of the work. 2006. BE IT FURTHER RESOLVED: Whereas, said sealed proposals were opened That upon the signing of said contract and the and read on the 15th day of March, 2006; and approval of the contractor’s bond, the City Whereas, the City Council has deemed it Treasurer is authorized and instructed to return advisable to reject all bids and to re-bid the the bid deposits of the unsuccessful bidders. Project at a later date. Passed, approved and adopted this 3rd day of NOW THEREFORE, BE IT RESOLVED BY April, 2006. THE CITY COUNCIL OF THE CITY OF DUBU- Roy D. Buol, Mayor QUE, IOWA: Attest: Jeanne F. Schneider, CMC, City Clerk Section 1. That the bids for the above Project Cline moved adoption of the Resolution. be rejected and the City Manager is authorized Seconded by Connors. Motion carried 7-0. and instructed to return the bid deposits of all the bidders. RESOLUTION NO. 127-06 Section 2. That the City Clerk is hereby APPROVING CONSTRUCTION CONTRACT directed to re-advertise for bids for the Project at WITH MCDERMOTT EXCAVATING FOR THE a later date. CUSTER / ALLISON-HENDERSON SEWER Passed, approved and adopted this 3rd day of AND DETENTION BASIN PROJECT April, 2006. Whereas, the City Council by Resolution No. Roy D. Buol, Mayor 126-06 awarded the construction contract for the Attest: Jeanne F. Schneider, City Clerk Custer/Allison-Henderson Sewer and Detention Michalski moved adoption of the Resolution. Basin Project to McDermott Excavating; and Seconded by Lynch. Motion carried 7-0. Whereas, McDermott Excavating has submit- ted the attached executed contract and bond. Connors moved that the rules be reinstated NOW THEREFORE, BE IT RESOLVED BY limiting discussion to the Council. Seconded by THE CITY COUNCIL OF THE CITY OF DUBU-Braig. Motion carried 7-0. QUE, IOWA: ACTION ITEMS 1. The contract and bond attached hereto are hereby approved. 2. The City Manager is hereby authorized Convention and Visitors Bureau – Quarterly and directed to execute the contract on behalf of Report: Sue Czeshinski, Dubuque Area Cham- the City of Dubuque. ber of Commerce Convention and Visitors Passed, approved and adopted this 3rd day Bureau, to present quarterly report, presented of April, 2006. and read. Sue Czeshinski spoke giving a de- 110 Regular Session, April 3, 2006 tailed report of the activities of the Convention 2006 at 11:00 a.m. and that results will be and Visitors Bureau. Cline moved that the brought to the April 3rd City Council meeting, communication and report be received and filed. presented and read. Cline moved that the Seconded by Connors. Motion carried 7-0. communication be received and filed. Seconded by Jones. Motion carried 7-0. General Obligation Bonds – Stormwater RESOLUTION NO. 130-06 Projects: City Manager advising that the sale of DIRECTING SALE OF $910,000 GENERAL General Obligation Bonds to support stormwater OBLIGATION URBAN RENEWAL BONDS, projects will be held on Monday, April 3, 2006 at SERIES 2006B 11:00 a.m. and that results will be brought to the April 3rd City Council meeting, presented and WHEREAS, pursuant to notice as required by read. Cline moved that the communication be law, bids have been received at public sale for received and filed. Seconded by Connors. the Bonds described as follows and the best bid Motion carried 7-0. received is determined to be the following: Finance Director Ken TeKippe and Tionna 910,000 GENERAL OBLIGATION URBAN Pooler, Public Management Services, spoke RENEWAL BONDS, SERIES 2006B: clarifying the project and noted that the low bid Bidder: UMB Bank of Kansas City, Missouri was UMB Bank. the terms of said bid being: Purchase Price: $ 903.220.50 RESOLUTION NO. 129-06 True Interest Cost: 4.1081% DIRECTING SALE OF $2,900,000 GENERAL Net Interest Cost: $ 332,883.57 OBLIGATION BONDS, SERIES 2006A NOW, THEREFORE, BE IT RESOLVED BY WHEREAS, pursuant to notice as required by THE CITY COUNCIL OF THE CITY OF DUBU- law, bids have been received at public sale for QUE, IOWA: the Bonds described as follows and the best bid Section 1. That the bid for the Bonds as above received is determined to be the following: set out is hereby determined to be the best and $2,900,000 GENERAL OBLIGATION BONDS, most favorable bid received and, said Bonds are SERIES 2006A: hereby awarded based on said bid. Bidder: UMB Bank of Kansas City, Missouri Section 2. That the statement of information the terms of said bid being: for Bond bidders and the form of contract for the Purchase Price: $ 2,871,000.00 sale of said Bonds are hereby approved and the True Interest Cost: 4.1650 % Mayor and Clerk are authorized to execute the Net Interest Cost: $ 1,374.877.85 same on behalf of the City. NOW, THEREFORE, BE IT RESOLVED BY Section 3. That the notice of the sale of the THE CITY COUNCIL OF THE CITY OF DUBU-Bonds heretofore given and all acts of the Clerk QUE, IOWA: done in furtherance of the sale of said Bonds are Section 1. That the bid for the Bonds as above hereby ratified and approved. set out is hereby determined to be the best and PASSED AND APPROVED, this 3rd day of most favorable bid received and, said Bonds are April , 2006. hereby awarded based on said bid. Roy D. Buol, Mayor Section 2. That the statement of information Attest: Jeanne F. Schneider, City Clerk for Bond bidders and the form of contract for the Cline moved adoption of the Resolution. sale of said Bonds are hereby approved and the Seconded by Jones. Motion carried 7-0. Mayor and Clerk are authorized to execute the General Obligation Bonds – Refunding of same on behalf of the City. Balances: City Manager advising that the sale of Section 3. That the notice of the sale of the General Obligation Refunding Bonds to refund Bonds heretofore given and all acts of the Clerk the outstanding balance on 2000 Series B and C done in furtherance of the sale of said Bonds are Bonds will be held on Monday, April 3, 2006 at hereby ratified and approved. 11:00 a.m. and that results will be brought to the PASSED AND APPROVED, this 3rd day of April 3rd City Council meeting, presented and April, 2006. read. Cline moved that the communication be Roy D. Buol, Mayor received and filed. Seconded by Jones. Motion Attest: Jeanne F. Schneider, City Clerk carried 7-0. Cline moved adoption of the Resolution. RESOLUTION NO. 131-06 Seconded by Connors. Motion carried 7-0. RESOLUTION DIRECTING SALE OF GENER- AL OBLIGATION REFUNDING BONDS, General Obligation Urban Renewal Bonds – SERIES 2006C Parking Ramp Restoration Projects: City Man- ager advising that the sale of General Obligation WHEREAS, pursuant to notice as required by Urban Renewal Bonds to support restoration law, bids have been received at public sale for projects at the Locust Street and Iowa Street the Bonds described as follows and the best bid Parking Ramps will be held on Monday, April 3, received is determined to be the following: Regular Session, April 3, 2006 111 GENERAL OBLIGATION REFUNDING presented for further action. Jones moved that BONDS, SERIES 2006C: this be considered the second reading of the Bidder: UMB Bank of Kansas City, Missouri Ordinance. Seconded by Connors. Carried by the terms of said bid being: the following vote: Yeas—Cline, Connors, Principal Amount: $3,525,000.00 Jones, Lynch, Braig. Nays—Buol, Michalski. Purchase Price: $ 3,507,736.76 True Interest Cost: 4.0370 % The McGraw-Hill Companies, Inc.: City Man- Net Interest Cost: $ 1,542,795.82 ager recommending approval of the submission NOW, THEREFORE, BE IT RESOLVED BY of an application for State financial assistance THE CITY COUNCIL OF THE CITY OF DUBU-on behalf of The McGraw-Hill Companies, Inc. to QUE, IOWA: assist with the relocation and expansion of the Section 1. That the bid for the Bonds as above operation to the Port of Dubuque, presented and set out is hereby determined to be the best and read. Cline moved that the communication be most favorable bid received and, said Bonds are received and filed. Seconded by Connors. hereby awarded based on said bid. Motion carried 7-0. Section 2. That the statement of information RESOLUTION NO. 132-06 for Bond bidders and the form of contract for the AUTHORIZING THE FILING OF AN IOWA sale of said Bonds are hereby approved and the DEPARTMENT OF ECONOMIC DEVELOP- Mayor and Clerk are authorized to execute the MENT APPLICATION FOR FINANCIAL AS- same on behalf of the City. SISTANCE ON BEHALF OF THE MCGRAW- Section 3. That the notice of the sale of the HILL COMPANIES, INC. Bonds heretofore given and all acts of the Clerk done in furtherance of the sale of said Bonds are Whereas, The McGraw-Hill Companies, Inc. hereby ratified and approved. has proposed the expansion and relocation of its PASSED AND APPROVED, this 3rd day of operations to the Port of Dubuque, Iowa; and April, 2006. Whereas, the City Council of Dubuque, Iowa Roy D. Buol, Mayor has considered said proposal and has deter- Attest: Jeanne F. Schneider, City Clerk mined that the proposed project will contribute to Cline moved adoption of the Resolution. the local economy through the retention of 276 Seconded by Jones. Motion carried 7-0. full-time jobs and the creation of 24 new full-time jobs for area residents; and Roger Kunde/North End Wrecking – Request Whereas, the Iowa Department of Economic to Rezone (First Reading on March 20, 2006): Development's financial assistance programs City Manager transmitting a revised ordinance / are designed to assist in the economic devel- memorandum of agreement and planting plan, opment efforts of local jurisdictions; and as well as property/enforcement history, for the Whereas, the City of Dubuque, Iowa is eligible HI Heavy Industrial rezoning request filed by to apply for funding from the state's financial Roger Kunde for North End Wrecking; Commu-assistance programs. nication from Paul J. Uhlrich, 489 Olympic NOW, THEREFORE, BE IT RESOLVED BY Heights Road, requesting to address the Council THE CITY COUNCIL OF THE CITY OF DUBU- regarding the proposed rezoning for Roger QUE, IOWA: Kunde / North End Wrecking and communica- Section 1. That the filing of an Iowa Depart- tion from Hope Huseman, 245 Olympic Heights, ment of Economic Development Application for requesting to address the Council regarding the Financial Assistance on behalf of The McGraw- proposed rezoning for Roger Kunde/North End Hill Companies, Inc. is hereby approved. Wrecking, presented and read. Jones moved Section 2. That the local match identified in the that the communications be received and filed. application consisting of a land discount and a Seconded by Connors. Carried by the following 10-year TIF rebate to the company is hereby vote: Yeas—Cline, Connors, Jones, Lynch, approved, subject to the Iowa Department of Braig. Nays—Buol, Michalski. Economic Development's approval of the Paul Uhlrich, 489 Olympic Heights, and Hope application. Huseman, 245 Olympic Heights, spoke objecting Section 3. That the Mayor is hereby authorized to the rezoning, requested strict restrictions to execute and the City Manager is hereby including no heavy equipment traffic on Olympic directed to submit said application to the Iowa Heights Road, and stringent enforcement of the Department of Economic Development together site if rezoned. with such documents as may be required. An Ordinance Amending Appendix A (the Passed, approved, and adopted this 3rd day of Zoning Ordinance) of the City of Dubuque Code April 2006. of Ordinances by reclassifying property located Roy D. Buol, Mayor at 55 West 32nd Street from AG Agricultural Attest: Jeanne F. Schneider, City Clerk District to HI Heavy Industrial District, said Cline moved adoption of the Resolution. Ordinance having been presented and read at Seconded by Connors. Motion carried 7-0. the Council Meeting of March 20, 2006, now 112 Regular Session, April 3, 2006 Walnut Ridge Estates – Final Plat: City Man- Connors moved adoption of the Resolution. ager recommending approval of the final plat of Seconded by Jones. Motion carried 7-0. Walnut Ridge Estates as requested by Lester and Barbara Jennings, presented and read. Historic District Entry Signs: Historic Preserva- Connors moved that the communication be tion Commission recommending approval of the received and filed. Seconded by Jones. Motion sign designs and locations for Historic District carried 7-0. Entry Signs, presented and read. Cline moved that the communication be received and filed RESOLUTION NO. 133-06 and approved recommendation. Seconded by APPROVING THE FINAL PLAT OF WALNUT Michalski. Motion carried 7-0. RIDGE ESTATES SUBDIVISION IN DUBUQUE COUNTY, IOWA. Transit Management Contract: City Manager Whereas, there has been filed with the City recommending approval of a five-year contract Clerk a final plat of Walnut Ridge Estates; and with First Transit, Inc. to provide a General Whereas, the final plat of Walnut Ridge Manager for KeyLine Transit, presented and Estates provides 0 feet of frontage for Lot 4, read. Cline moved that the communication be where 50 feet is required by Section 42-19(b) of received and filed. Seconded by Connors. the Subdivision Regulations; and Motion carried 7-0. Whereas, the preliminary plat has been RESOLUTION NO. 134-06 examined by the Zoning Advisory Commission APPROVING THE SELECTION OF FIRST and has its approval endorsed thereon; and TRANSIT, INC. FOR TRANSIT MANAGEMENT Whereas, said final plat has been reviewed by SERVICES AND AUTHORIZING THE CITY the City Council and they find that it conforms to MANAGER TO EXECUTE AN APPROPRIATE the statutes and ordinances relating hereto. CONTRACT FOR SAID MANAGEMENT NOW, THEREFORE, BE IT RESOLVED BY CONTRACT. THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Whereas, the City of Dubuque, Iowa has Section 1. That the City Council hereby identified the need for a transit management waives Article IV, Design and Improvement company; and Standards of the Subdivision Regulations, Whereas, a Request for Proposals solicited except Section 42-19, Blocks and Lots. consultant services to provide transit manage- Section 2. The final plat of Walnut Ridge ment for KeyLine Transit; and Estates provides 0 feet of frontage for Lot 4, Whereas, First Transit, Inc. is recommended to where 50 feet is required by Section 42-19(b) of provide transit management services. the Subdivision Regulations. NOW, THEREFORE, BE IT RESOLVED BY Section 3. That the final plat of Walnut Ridge THE CITY COUNCIL OF THE CITY OF DUBU- Estates is hereby approved and the Mayor and QUE, IOWA: City Clerk are hereby authorized and directed to Section 1. That the selection of First Transit endorse the approval of the City of Dubuque, Inc. as the consultant to provide management of Iowa, upon said final plat, provided the owners the City’s Transit Department is hereby ap- of said property herein named, execute their proved. written acceptance hereto attached agreeing: Section 2. That the City Manager is hereby a) To construct street improvements in authorized to execute, on behalf of the City accordance with improvement plans approved Council of the City of Dubuque, Iowa, a contract by Dubuque County and certified upon comple-with First Transit, Inc. for a five year transit tion by a professional engineer licensed in the management contract for the following amounts; State of Iowa. Year 1 (2006-2007) $8,290.00 per month b) To maintain the street improvements Year 2 (2007-2008) $8,580.00 per month constructed as part of Walnut Ridge Estates Year 3 (2008-2009) $8,837.00 per month until such time as a homeowners association is Year 4 (2009-2010) $9,146.00 per month formed and is responsible for maintenance of Year 5 (2010-2011) $9,420.00 per month the same. Passed, approved and adopted this 3rd day of Section 4. That in the event Lester Jennings April, 2006. shall fail to execute the acceptance within 180 Roy D. Buol, Mayor days after the date of this Resolution, the Attest: Jeanne F. Schneider, City Clerk provisions hereof shall be null and void and the Cline moved adoption of the Resolution and approval of the plat shall not be effective. authorizing the City Manager to execute an Passed, approved and adopted this 3rd day of appropriate contract for said management April 2006. contract. Seconded by Connors. Motion carried Roy D. Buol, Mayor 7-0. Attest: Jeanne F. Schneider, City Clerk Michalski requested that the City Council be provided with quarterly reports. Regular Session, April 3, 2006 113 Passed, approved and adopted this 3rd day of Historic Preservation Commission – Demoli-April, 2006. tion by Neglect: Historic Preservation Commis-Roy D. Buol, Mayor sion recommending that the City Council incor-Attest: Jeanne F. Schneider, CMC, City Clerk porate Demolition by Neglect into the Dubuque Connors moved adoption of the Resolution. City Code for Conservation Districts and City Seconded by Jones. Motion carried 7-0. Manager requesting that the Historic Preserva- RESOLUTION NO. 136-06 tion Commission request to extend Demolition APPROVING CONSTRUCTION CONTRACT by Neglect to Conservation Districts be referred WITH PORTZEN CONSTRUCTION, INC. FOR to the City Manager to prepare a report on the THE ALTA VISTA – CARLOTTA STREETS impact to staff resources, and an Ordinance RECONSTRUCTION PROJECT amending Chapter 11 (Building Regulations) of the City of Dubuque Code of Ordinances by Whereas, the City Council by Resolution No. amending Section 11-4 Demolition Permits in 135-06 awarded the construction contract for the Conservation Districts, presented and read. Alta Vista – Carlotta Streets Reconstruction Cline moved that the communication and Ordin-Project to Portzen Construction, Inc.; and ance be received and filed and referred to the Whereas, Portzen Construction, Inc. has City Manager. Seconded by Jones. Motion submitted the attached executed contract and carried 7-0. bond. NOW THEREFORE, BE IT RESOLVED BY Alta Vista/Carlotta Street Reconstruction THE CITY COUNCIL OF THE CITY OF DUBU- Project: City Manager recommending award of QUE, IOWA: the contract for the Alta Vista / Carlotta Street 1. The contract and bond attached hereto are Reconstruction Project to Portzen Construction, hereby approved. Inc., in the amount of $774,981.40, presented 2. The City Manager is hereby authorized and and read. Connors moved that the communica-directed to execute the contract on behalf of the tion be received and filed. Seconded by Jones. City of Dubuque. Motion carried 7-0. Passed, approved and adopted this 3rd day of April, 2006. RESOLUTION NO. 135-06 Roy D. Buol, Mayor AWARDING CONSTRUCTION CONTRACT Attest: Jeanne F. Schneider, CMC, City Clerk FOR THE ALTA VISTA – CARLOTTA Connors moved adoption of the Resolution. STREETS RECONSTRUCTION PROJECT Seconded by Jones. Motion carried 7-0. Whereas, sealed proposals have been submit- ted by contractors for the Alta Vista – Carlotta Partners in the Dubuque Continuum of Care: Streets Reconstruction Project pursuant to Communication from Erica Haugen, Dubuque Resolution No. 59-06 and notice to bidders Continuum of Care, requesting City Council published in a newspaper published in the City support of a resolution calling for the United of Dubuque, Iowa on the 24th day of February, States Department of Housing and Urban 2006. Development to expand the current definition of Whereas, said sealed proposals were opened homelessness, presented and read. Michalski and read on the 28th day of March, 2006, and it moved that the communication be received and has been determined that the bid of Portzen filed. Seconded by Lynch. Motion carried 7-0. Construction, Inc. of Dubuque, Iowa, in the RESOLUTION NO. 137-06 amount of $774,981.40 was the lowest bid for EXPANDING HUD’S DEFINITION OF HOME- the furnishings of all labor and materials and LESSNESS: PROVIDING LOCAL FLEXIBILI- performing the work as provided for in the plans TY, RESPONDING TO FAMILIES, CHILDREN, and specifications. AND YOUTH NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- Whereas, in no town, city or state in America QUE, IOWA: can an individual or family working full-time and That the contract for the above improvement earning the minimum wage, or receiving assis- be awarded to Portzen Construction, Inc. and tance under the Supplemental Security Income the Manager be and is hereby directed to or Temporary Assistance for Needy Families execute a contract on behalf of the City of programs, afford a one or two-bedroom apart- Dubuque for the complete performance of the ment at the fair market rental rate established by work. the United States Department of Housing and BE IT FURTHER RESOLVED: Urban Development (HUD); and That upon the signing of said contract and the Whereas, in its “Status Report on Hunger and approval of the contractor’s bond, the City Homelessness in America’s Cities,” the United Treasurer is authorized and instructed to return States Conference of Mayors report that re- the bid deposits of the unsuccessful bidders. quests for shelter by families with children went unmet 32 percent of the time in 2005 and 57 114 Regular Session, April 3, 2006 percent of reporting cities stated that homeless shall be present to supervise target practice on families may have to break up in order to find the owner’s property and an Ordinance amend- shelter; and ing City of Dubuque Code of Ordinances Chap- Whereas, at least 3,500,000 persons in the ter 33, Offenses and Miscellaneous Provisions, United States are likely to experience home-by adopting a new Section 33-17 Hunting lessness during a year, 40 percent of whom are Permitted, allowing hunting and target practice children; and within the corporate limits of the City under Whereas, families with children who cannot certain conditions, said Ordinance having been access shelters cannot consider the streets an presented and read at the Council Meetings of option due to child welfare concerns and there-3/6/06 and 3/20/06, now presented for final fore stay temporarily with friends or relatives or action. Connors moved to receive and file the in motels, frequently moving between multiple communication and moved final consideration locations; and and passage of the Ordinance. Seconded by Whereas, children and youth in these living Jones. Motion failed due to the following vote: situations face serious risks to their health and Yeas—None. Nays—Braig, Buol, Cline, Con- well-being, including safety issues and high nors, Jones, Lynch, Michalski. rates of mobility that disrupt child development; and Comprehensive Plan Update: Long Range Whereas, families without stable housing face Planning Advisory Commission submitting the transportation barriers which make job retention Comprehensive Plan Update Schedule and and children’s educational continuity difficult; requesting City Council direction on involvement and of other governmental bodies in the process, Whereas, the United States Department of presented and read. Direction was given that the Housing and Urban Development definition of Commission provide notice of public meetings to homelessness excludes people who stay tempo-other governmental bodies to receive input and rarily with others and in motels, thereby denying that any policy questions be referred to the communities flexibility to address locally as-Council. Michalski requested that a 28E Agree- sessed needs and presently vulnerable popula-ment for fringe area development be looked at. tions from receiving the housing assistance they COUNCIL MEMBER REPORTS need; and Whereas, other federal definitions of home- lessness, such as the education subtitle of the Braig questioned whether there was consen- McKinney-Vento Act and the Violence Against sus on the Council to look at a comprehensive Women Act, are responsive to families and bluff top plan. Staff explained that this was being youth by expressly including people who stay looked at as a part of the Unified Development temporarily with others and in motels. Code update. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- Buol requested that Council Members think QUE, IOWA: about the need for a “big box” ordinance. Section 1. That the City of Dubuque does PUBLIC INPUT support the United States Conference of Mayors’ request that the United States Depart- ment of Housing and Urban Development Stacie Neldaughter spoke thanking the City include within its definition of homelessness Council for passing the Human Rights Sexual people who are sharing the housing of others Orientation ordinance. due to loss of housing, economic hardship, or similar reasons, and those who are staying in At 8:56 P.M. Michalski moved to go into motels because of the lack of adequate alterna-Closed Session: Pending Litigation and Property tive accommodations. Acquisition – Chapter 21.5(1)(c)(j) 2005 Code of Passed, approved and adopted this 3rd day of Iowa. April, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk At 9:10 P.M. Council reconvened Regular Michalski moved adoption of the Resolution. Session stating that Staff had been given proper Seconded by Lynch. Motion carried 7-0. direction. Hunting and Target Practice within the City There being no further business, Michalski Limits (First Reading 3/6/06; Second Reading moved to adjourn. Seconded by Braig. Motion 3/20/06): City Manager transmitting a suggested carried 7-0. The meeting adjourned at 9:11 P.M. revision to the previously submitted ordinance that would allow hunting/target practice within /s/ Jeanne F. Schneider, CMC the City limits to require that the property owner City Clerk Regular Session, April 17, 2006 115 DUBUQUE Connors moved that the communications be received and filed and concurred. Seconded by CITY COUNCIL Lynch. Motion carried 7-0. OFFICIAL PROCEEDINGS Animal Control Officer Vacancy: City Manager recommending elimination of the full-time vacant Animal Control Officer position and for the Council, Regular Session, April 17, 2006 vacancy to be filled with part-time hours, pre- Council met in regular session at 6:30 P.M. in sented and read. Cline moved that the commu- the Public Library Auditorium nication be received and filed and approved recommendation. Seconded by Lynch. Motion Present: Mayor Buol, Council Members Braig, carried: Yeas—Buol, Cline, Connors, Lynch. Cline, Connors, Jones, Lynch, Michalski, City Nays—Braig, Jones, Michalski. Manager Van Milligen, City Attorney Lindahl Council questioned and voiced concern about the full-time position being made into two part- Mayor Buol read the call and stated this is a time positions, without benefits, but understood regular session of the City Council called for the the need for more time coverage. purpose of discussing such matters which may properly come before the Council. Demolition by Neglect: Communication from Terry L. Mozena, 1036 West Third Street, Invocation was given by Deacon J.C. Otto, requesting support for the incorporation of Sacred Heart Catholic Church Demolition by Neglect into the Conservation Districts, presented and read. Michalski moved Proclamations: Community Development that the communication be received and filed Week (April 17–23, 2006) received by Commu- and City Manager directed to expedite the study nity Development Advisory Commission Member and recommendation on this issue. Seconded Jim Giesen; Girl Scouts of Little Cloud Council’s by Lynch. Motion carried 7-0. 70th Anniversary Day (April 22, 2006) received by Sue Wheaton. General Obligation Bonds – Series 2006A – Stormwater Projects: City Manager recommend- CONSENT ITEMS ing approval of the final action necessary for the issuance of the General Obligation Bonds – Minutes and Reports Submitted: Airport Series 2006A in support of stormwater projects, Commission of 3/27; Cable TV Teleprogram- presented and read. Connors moved that the ming Commission of 3/7; City Council of 4/3; communication be received and filed. Seconded Community Development Advisory Commission by Lynch. Motion carried 7-0. of 3/14; Enterprise Zone Commission of 4/5; Human Rights Commission of 3/13; Zoning RESOLUTION NO. 138-06 Board of Adjustment of 3/23, presented and APPOINTING WELLS FARGO BANK, NA- read. Connors moved that the minutes be TIONAL ASSOCIATION OF DES MOINES, received and filed. Seconded by Lynch. Motion IOWA, TO SERVE AS PAYING AGENT, BOND carried 7-0. REGISTRAR, AND TRANSFER AGENT, APPROVING THE PAYING AGENT AND Proof of publication of City Council Proceed- BOND REGISTRAR AND TRANSFER AGENT ings of 3/20 and 3/27, presented and read. AGREEMENT AND AUTHORIZING THE Connors moved that the proofs be received and EXECUTION OF THE AGREEMENT filed. Seconded by Lynch. Motion carried 7-0. WHEREAS, pursuant to the provisions of Chapter 75 of the Code of Iowa, $2,900,000 Notice of Claims/Suits: Citimortgage, Inc. vs. General Obligation Bonds, Series 2006A, dated the City of Dubuque, et al; Joseph D. Gruber for the date of delivery, have been sold at public property damage; Leanne Horsfall for property sale and action should now be taken to provide damage; Kathy Stumpf for property damage, for the maintenance of records, registration of presented and read. Connors moved that the certificates and payment of principal and interest communications be received and filed and in connection with the issuance of the Bonds; referred to the City Attorney for investigation / and report. Seconded by Lynch. Motion carried 7-0. WHEREAS, this Council has deemed that the services offered by Wells Fargo Bank, National City Attorney advising that the following claims Association of Des Moines, Iowa, are necessary have been referred to Public Entity Risk Servic- for compliance with rules, regulations, and es of Iowa, the agent for the Iowa Communities requirements governing the registration, transfer Assurance Pool: Allied Waste for property and payment of registered Bonds; and damage on 12/8/05; Allied Waste for property WHEREAS, a Paying Agent, Bond Registrar damage on 2/17/06, presented and read. and Transfer Agent Agreement (hereafter Regular Session, April 17, 2006 116 "Agreement") has been prepared to be entered tion unless the text expressly or by necessary into between the City and Wells Fargo Bank, implication requires otherwise: National Association. ? "Authorized Denominations" shall mean NOW, THEREFORE, BE IT RESOLVED BY $5,000 or any integral multiple thereof. THE CITY COUNCIL OF DUBUQUE, IOWA: ? "Beneficial Owner" shall mean the person in Section 1. That Wells Fargo Bank, National whose name such Bond is recorded as the Association of Des Moines, Iowa, is hereby beneficial owner of a Bond by a Participant on appointed to serve as Paying Agent, Bond the records of such Participant or such person's Registrar and Transfer Agent in connection with subrogee. the issuance of $2,900,000 General Obligation ? "Bond Fund" shall mean the fund created in Bonds, Series 2006A, dated the date of delivery. Section 3 of this Resolution. Section 2. That the Agreement with Wells ? "Bonds" shall mean $2,900,000 General Fargo Bank, National Association of Des Obligation Bonds, Series 2006A, authorized to Moines, Iowa, is hereby approved and that the be issued by this Resolution. Mayor and Clerk are authorized to sign the ? "Cede & Co." shall mean Cede & Co., the Agreement on behalf of the City. nominee of DTC, and any successor nominee of PASSED AND APPROVED this 17th day of DTC with respect to the Bonds. April, 2006. ? "Continuing Disclosure Certificate" shall Roy D. Buol, Mayor mean that certain Continuing Disclosure Certifi- Attest: Jeanne F. Schneider, City Clerk cate executed by the Issuer and dated the date Connors moved adoption of the Resolution. of issuance and delivery of the Bonds, as Seconded by Lynch. Motion carried 7-0. originally executed and as it may be amended from time to time in accordance with the terms RESOLUTION NO. 139-06 thereof. AUTHORIZING AND PROVIDING FOR THE ? "Depository Bonds" shall mean the Bonds ISSUANCE OF $2,900,000 GENERAL OBLI- as issued in the form of one global certificate for GATION BONDS, SERIES 2006A, AND LEVY- each maturity, registered in the Registration ING A TAX TO PAY SAID BONDS Books maintained by the Registrar in the name WHEREAS, the Issuer is duly incorporated, of DTC or its nominee. organized and exists under and by virtue of the ? "DTC" shall mean The Depository Trust laws and Constitution of the State of Iowa; and Company, New York, New York, a limited WHEREAS, the Issuer is in need of funds to purpose trust company, or any successor book- pay costs of the acquisition, construction, and entry securities depository appointed for the installation of stormwater and storm sewer utility Bonds. facilities and improvements, including the 32nd ? "Issuer" and "City" shall mean the City of Street Detention Basin construction, Bee Branch Dubuque, Iowa. land acquisition, North Fork Catfish Creek Ditch ? "Participants" shall mean those broker- and Culvert construction, and other storm sewer, dealers, banks and other financial institutions for stream bank and detention basin improvements, which DTC holds Bonds as securities deposito- essential corporate purposes, and it is deemed ry. necessary and advisable that General Obligation ? "Paying Agent" shall mean Wells Fargo Bonds in the amount of $2,900,000 be issued for Bank, National Association, or such successor said purpose; and as may be approved by Issuer as provided WHEREAS, pursuant to notice published as herein and who shall carry out the duties pre- required by Section 384.25 of said Code, this scribed herein as Issuer's agent to provide for Council has held a public meeting and hearing the payment of principal of and interest on the upon the proposal to institute proceedings for Bonds as the same shall become due. the issuance of said Bonds, and the Council is ? "Project Fund" shall mean the fund required therefore now authorized to proceed with the to be established by this Resolution for the issuance of said Bonds; and deposit of the proceeds of the Bonds. WHEREAS, pursuant to the provisions of ? "Rebate Fund" shall mean the fund so Chapter 75 of the Code of Iowa, the above defined in and established pursuant to the Tax mentioned Bonds were heretofore sold at public Exemption Certificate. sale and action should now be taken to issue ? "Registrar" shall mean Wells Fargo Bank, said Bonds conforming to the terms and condi-National Association of Des Moines, Iowa, or tions of the best bid received at the advertised such successor as may be approved by Issuer public sale. as provided herein and who shall carry out the NOW, THEREFORE, BE IT RESOLVED BY duties prescribed herein with respect to main- THE COUNCIL OF THE CITY OF DUBUQUE, taining a register of the owners of the Bonds. IOWA: Unless otherwise specified, the Registrar shall Section 1. Definitions. The following terms also act as Transfer Agent for the Bonds. shall have the following meanings in this Resolu- Regular Session, April 17, 2006 117 ? "Representation Letter" shall mean the to pay the same shall be promptly paid when Blanket Issuer Letter of Representations ex-due from current funds of the City available for ecuted and delivered by the Issuer to DTC. that purpose and reimbursement shall be made ? "Resolution" shall mean this resolution from such special fund in the amounts thus authorizing the Bonds. advanced. ? "Tax Exemption Certificate" shall mean the Section 3. Bond Fund. Said tax shall be Tax Exemption Certificate executed by the collected each year at the same time and in the Treasurer and delivered at the time of issuance same manner as, and in addition to, all other and delivery of the Bonds. taxes in and for the City, and when collected ? "Treasurer" shall mean the City Treasurer or they shall be converted into a special fund within such other officer as shall succeed to the same the Debt Service Fund to be known as the duties and responsibilities with respect to the "GENERAL OBLIGATION BOND FUND 2006A" recording and payment of the Bonds issued (the "Bond Fund"), which is hereby pledged for hereunder. and shall be used only for the payment of the Section 2. Levy and Certification of Annual principal of and interest on the Bonds hereinafter Tax; Other Funds to be Used. authorized to be issued; and also there shall be (a) Levy of Annual Tax. That for the purpose apportioned to said fund its proportion of taxes of providing funds to pay the principal and received by the City from property that is central- interest of the Bonds hereinafter authorized to ly assessed by the State of Iowa. be issued, there is hereby levied for each future Section 4. Application of Bond Proceeds. year the following direct annual tax on all of the Proceeds of the Bonds other than accrued taxable property in Dubuque, Iowa, to-wit: interest except as may be provided below shall FISCAL YEAR (JULY 1 TO JUNE 30) be credited to the Project Fund and expended AMOUNT YEAR OF COLLECTION: therefrom for the purposes of issuance. Any $432,400 2007/2008 amounts on hand in the Project Fund shall be 218,338 2008/2009 available for the payment of the principal of or 219,158 2009/2010 interest on the Bonds at any time that other 219,788 2010/2011 funds shall be insufficient to the purpose, in 220,228 2011/2012 which event such funds shall be repaid to the 220,478 2012/2013 Project Fund at the earliest opportunity. Any 220,473 2013/2014 balance on hand in the Project Fund and not 220,275 2014/2015 immediately required for its purposes may be 224,885 2015/2016 invested not inconsistent with limitations pro- 224,035 2016/2017 vided by law or this Resolution. Accrued interest, 222,913 2017/2018 if any, shall be deposited in the Bond Fund. 226,513 2018/2019 Section 5. Investments of Bond Fund 224,628 2019/2020 Proceeds. All moneys held in the Bond Fund, 227,453 2020/2021 provided for by Section 3 of this Resolution shall 229,821 2021/2022 be invested in investments permitted by Chapter 231,778 2022/2023 12B, Code of Iowa, 2005 (formerly Chapter 452, 228,270 2023/2024 Code of Iowa, as amended) or deposited in 234,450 2024/2025 financial institutions which are members of the (NOTE: For example the levy to be made and Federal Deposit Insurance Corporation and the certified against the taxable valuations of Janu-deposits in which are insured thereby and all ary 1, 2005, will be collected during the fiscal such deposits exceeding the maximum amount year commencing July 1, 2006). insured from time to time by FDIC or its equiva- (b) Resolution to be Filed With County Auditor. lent successor in any one financial institution A certified copy of this Resolution should be filed shall be continuously secured in compliance with the County Auditor of Dubuque County, with the State Sinking Fund provided under Iowa, and said Auditor is hereby instructed in Chapter 12C of the Code of Iowa, 2005, as and for each of the years as provided, to levy amended or otherwise by a valid pledge of direct and assess the tax hereby authorized in Section obligations of the United States Government 2 of this Resolution, in like manner as other having an equivalent market value. All such taxes are levied and assessed, and such taxes interim investments shall mature before the date so levied in and for each of the years aforesaid on which the moneys are required for payment be collected in like manner as other taxes of the of principal of or interest on the Bonds as herein City are collected, and when collected be used provided. for the purpose of paying principal and interest Section 6. Bond Details, Execution and Re- on said Bonds issued in anticipation of said tax, demption. and for no other purpose whatsoever. (a) Bond Details. General Obligation Bonds of (c) Additional City Funds Available. Principal the City in the amount of $2,900,000, shall be and interest coming due at any time when the issued pursuant to the provisions of Sections proceeds of said tax on hand shall be insufficient 384.24 and 384.25 of the City Code of Iowa for Regular Session, April 17, 2006 118 the aforesaid purpose. The Bonds shall be If selection by lot within a maturity is required, designated "GENERAL OBLIGATION BOND, the Registrar shall designate the bonds to be SERIES 2006A", be dated the date of delivery, redeemed by random selection of the names of and bear interest from the date thereof, until the registered owners of the entire annual payment thereof, at the office of the Paying maturity until the total amount of bonds to be Agent, said interest payable on December 1, called has been reached. 2006, and semiannually thereafter on the lst day Section 7. Issuance of Bonds in Book-Entry of June and December in each year until maturi-Form; Replacement Bonds. ty at the rates hereinafter provided. (a) Notwithstanding the other provisions of this The Bonds shall be executed by the manual or Resolution regarding registration, ownership, facsimile signature of the Mayor and attested by transfer, payment and exchange of the Bonds, the manual or facsimile signature of the Clerk, unless the Issuer determines to permit the and impressed or printed with the seal of the exchange of Depository Bonds for Bonds in the City and shall be fully registered as to both Authorized Denominations, the Bonds shall be principal and interest as provided in this Resolu-issued as Depository Bonds in denominations of tion; principal, interest and premium, if any, shall the entire principal amount of each maturity of be payable at the office of the Paying Agent by Bonds (or, if a portion of said principal amount is mailing of a check to the registered owner of the prepaid, said principal amount less the prepaid Bond. The Bonds shall be in the denomination of amount); and such Depository Bonds shall be $5,000 or multiples thereof. The Bonds shall registered in the name of Cede & Co., as nomi- mature and bear interest as follows: nee of DTC. Payment of semi-annual interest for Interest Principal Maturity any Depository Bond shall be made by wire Rate Amount June 1st transfer or New York Clearing House or equiva- 3.800% $ 90,000 2007 lent next day funds to the account of Cede & Co. 3.800 105,000 2008 on the interest payment date for the Bonds at 3.800 110,000 2009 the address indicated in or pursuant to the 3.800 115,000 2010 Representation Letter. 3.800 120,000 2011 (b) With respect to Depository Bonds, neither 3.800 125,000 2012 the Issuer nor the Paying Agent shall have any 3.850 130,000 2013 responsibility or obligation to any Participant or 3.850 135,000 2014 to any Beneficial Owner. Without limiting the 3.850 140,000 2015 immediately preceding sentence, neither the 3.900 150,000 2016 Issuer nor the Paying Agent shall have any 3.950 155,000 2017 responsibility or obligation with respect to (i) the 4.000 160,000 2018 accuracy of the records of DTC or its nominee or 4.050 170,000 2019 of any Participant with respect to any ownership 4.100 175,000 2020 interest in the Bonds, (ii) the delivery to any 4.125 185,000 2021 Participant, any Beneficial Owner or any other 4.125 195,000 2022 person, other than DTC or its nominee, of any 4.150 205,000 2023 notice with respect to the Bonds, (iii) the pay- 4.200 210,000 2024 ment to any Participant, any Beneficial Owner or 4.200 225,000 2025 any other person, other than DTC or its nomi- (b) Redemption. Bonds maturing after June 1, nee, of any amount with respect to the principal 2014 may be called for redemption by the Issuer of, premium, if any, or interest on the Bonds, or and paid before maturity on said date or any (iv) the failure of DTC to provide any information date thereafter, from any funds regardless of or notification on behalf of any Participant or source, in whole or from time to time in part, in Beneficial Owner. any order of maturity and within an annual The Issuer and the Paying Agent may treat maturity by lot. The terms of redemption shall be DTC or its nominee as, and deem DTC or its par, plus accrued interest to date of call. nominee to be, the absolute owner of each Bond Thirty days' notice of redemption shall be for the purpose of payment of the principal of, given by certified mail to the registered owner of premium, if any, and interest on such Bond, for the Bond. Failure to give such notice by mail to the purpose of all other matters with respect to any registered owner of the Bonds or any defect such Bond, for the purpose of registering trans- therein shall not affect the validity of any pro-fers with respect to such Bonds, and for all other ceedings for the redemption of the Bonds. All purposes whatsoever (except for the giving of bonds or portions thereof called for redemption certain Bondholder consents, in accordance with will cease to bear interest after the specified the practices and procedures of DTC as may be redemption date, provided funds for their re-applicable thereto). The Paying Agent shall pay demption are on deposit at the place of pay-all principal of, premium, if any, and interest on ment. the Bonds only to or upon the order of the Bondholders as shown on the Registration Regular Session, April 17, 2006 119 Books, and all such payments shall be valid and tion is hereby appointed as Bond Registrar effective to fully satisfy and discharge the under the terms of this Resolution (and under Issuer's obligations with respect to the principal the provisions of a separate agreement with the of, premium, if any, and interest on the Bonds to Issuer filed herewith which is made a part hereof the extent so paid. Notwithstanding the provi-by this reference.) Registrar shall maintain the sions of this Resolution to the contrary (including books of the Issuer for the registration of owner- without limitation those provisions relating to the ship of the Bonds for the payment of principal of surrender of Bonds, registration thereof, and and interest on the Bonds as provided in this issuance in Authorized Denominations), as long Resolution. All Bonds shall be negotiable as as the Bonds are Depository Bonds, full effect provided in Article 8 of the Uniform Commercial shall be given to the Representation Letter and Code and Section 384.31 of the Code of Iowa, the procedures and practices of DTC thereund-subject to the provisions for registration and er, and the Paying Agent shall comply therewith. transfer contained in the Bonds and in this (c) Upon (i) a determination by the Issuer that Resolution. DTC is no longer able to carry out its functions (b) Transfer. The ownership of any Bond may or is otherwise determined unsatisfactory, or (ii) be transferred only upon the Registration Books a determination by DTC that the Bonds are no kept for the registration and transfer of Bonds longer eligible for its depository services or (iii) a and only upon surrender thereof at the office of determination by the Paying Agent that DTC has the Registrar together with an assignment duly resigned or discontinued its services for the executed by the holder or his duly authorized Bonds, if such substitution is authorized by law, attorney in fact in such form as shall be satisfac- the Issuer shall (A) designate a satisfactory tory to the Registrar, along with the address and substitute depository as set forth below or, if a social security number or federal employer satisfactory substitute is not found, (B) provide identification number of such transferee (or, if for the exchange of Depository Bonds for registration is to be made in the name of multiple replacement Bonds in Authorized Denomina-individuals, of all such transferees). In the event tions. that the address of the registered owner of a (d) To the extent authorized by law, if the Bond (other than a registered owner which is the Issuer determines to provide for the exchange of nominee of the broker or dealer in question) is Depository Bonds for Bonds in Authorized that of a broker or dealer, there must be dis- Denominations, the Issuer shall so notify the closed on the Registration Books the information Paying Agent and shall provide the Registrar pertaining to the registered owner required with a supply of executed unauthenticated above. Upon the transfer of any such Bond, a Bonds to be so exchanged. The Registrar shall new fully registered Bond, of any denomination thereupon notify the owners of the Bonds and or denominations permitted by this Resolution in provide for such exchange, and to the extent aggregate principal amount equal to the unma- that the Beneficial Owners are designated as the tured and unredeemed principal amount of such transferee by the owners, the Bonds will be transferred fully registered Bond, and bearing delivered in appropriate form, content and interest at the same rate and maturing on the Authorized Denominations to the Beneficial same date or dates shall be delivered by the Owners, as their interests appear. Registrar. (e) Any substitute depository shall be desig- (c) Registration of Transferred Bonds. In all nated in writing by the Issuer to the Paying cases of the transfer of the Bonds, the Registrar Agent. Any such substitute depository shall be a shall register, at the earliest practicable time, on qualified and registered "clearing agency" as the Registration Books, the Bonds, in accor- provided in Section 17A of the Securities Ex-dance with the provisions of this Resolution. change Act of 1934, as amended. The substitute (d) Ownership. As to any Bond, the person in depository shall provide for (i) immobilization of whose name the ownership of the same shall be the Depository Bonds, (ii) registration and registered on the Registration Books of the transfer of interests in Depository Bonds by book Registrar shall be deemed and regarded as the entries made on records of the depository or its absolute owner thereof for all purposes, and nominee and (iii) payment of principal of, pre-payment of or on account of the principal of any mium, if any, and interest on the Bonds in such Bonds and the premium, if any, and accordance with and as such interests may interest thereon shall be made only to or upon appear with respect to such book entries. the order of the registered owner thereof or his Section 8. Registration of Bonds; Appointment legal representative. All such payments shall be of Registrar; Transfer; Ownership; Delivery; and valid and effectual to satisfy and discharge the Cancellation. liability upon such Bond, including the interest (a) Registration. The ownership of Bonds may thereon, to the extent of the sum or sums so be transferred only by the making of an entry paid. upon the books kept for the registration and (e) Cancellation. All Bonds which have been transfer of ownership of the Bonds, and in no redeemed shall not be reissued but shall be other way. Wells Fargo Bank, National Associa-cancelled by the Registrar. All Bonds which are Regular Session, April 17, 2006 120 cancelled by the Registrar shall be destroyed Section 10. Record Date. Payments of princip- and a certificate of the destruction thereof shall al and interest, otherwise than upon full redemp- be furnished promptly to the Issuer; provided tion, made in respect of any Bond, shall be that if the Issuer shall so direct, the Registrar made to the registered holder thereof or to their shall forward the cancelled Bonds to the Issuer. designated agent as the same appear on the (f) Non-Presentment of Bonds. In the event books of the Registrar on the 15th day preced- any payment check representing payment of ing the payment date. All such payments shall principal of or interest on the Bonds is returned fully discharge the obligations of the Issuer in to the Paying Agent or if any bond is not pre-respect of such Bonds to the extent of the sented for payment of principal at the maturity or payments so made. Payment of principal shall redemption date, if funds sufficient to pay such only be made upon surrender of the Bond to the principal of or interest on Bonds shall have been Paying Agent. made available to the Paying Agent for the Section 11. Execution, Authentication and benefit of the owner thereof, all liability of the Delivery of the Bonds. Upon the adoption of this Issuer to the owner thereof for such interest or Resolution, the Mayor and Clerk shall execute payment of such Bonds shall forthwith cease, and deliver the Bonds to the Registrar, who shall terminate and be completely discharged, and authenticate the Bonds and deliver the same to thereupon it shall be the duty of the Paying or upon order of the Purchaser. No Bond shall Agent to hold such funds, without liability for be valid or obligatory for any purpose or shall be interest thereon, for the benefit of the owner of entitled to any right or benefit hereunder unless such Bonds who shall thereafter be restricted the Registrar shall duly endorse and execute on exclusively to such funds for any claim of what-such Bond a Certificate of Authentication sub- ever nature on his part under this Resolution or stantially in the form of the Certificate herein set on, or with respect to, such interest or Bonds. forth. Such Certificate upon any Bond executed The Paying Agent's obligation to hold such funds on behalf of the Issuer shall be conclusive shall continue for a period equal to two years evidence that the Bond so authenticated has and six months following the date on which such been duly issued under this Resolution and that interest or principal became due, whether at the holder thereof is entitled to the benefits of maturity, or at the date fixed for redemption this Resolution. thereof, or otherwise, at which time the Paying No Bonds shall be authenticated and delivered Agent, shall surrender any remaining funds so by the Registrar unless and until there shall held to the Issuer, whereupon any claim under have been provided the following: this Resolution by the Owners of such interest or 1. A certified copy of the Resolution of Issuer Bonds of whatever nature shall be made upon authorizing the issuance of the Bonds; the Issuer. 2. A written order of Issuer signed by the Trea- (g) Registration and Transfer Fees. The surer of the Issuer directing the authentication Registrar may furnish to each owner, at the and delivery of the Bonds to or upon the order of Issuer's expense, one bond for each annual the Purchaser upon payment of the purchase maturity. The Registrar shall furnish additional price as set forth therein; bonds in lesser denominations (but not less than 3. The approving opinion of Ahlers & Cooney, the minimum denomination) to an owner who so P.C., Bond Counsel, concerning the validity and requests. legality of all the Bonds proposed to be issued. Section 9. Reissuance of Mutilated, Destroyed, Section 12. Right to Name Substitute Paying Stolen or Lost Bonds. In case any outstanding Agent or Registrar. Issuer reserves the right to Bond shall become mutilated or be destroyed, name a substitute, successor Registrar or stolen or lost, the Issuer shall at the request of Paying Agent upon giving prompt written notice Registrar authenticate and deliver a new Bond to each registered bondholder. of like tenor and amount as the Bond so muti- Section 13. Form of Bond. Bonds shall be lated, destroyed, stolen or lost, in exchange and printed in substantial compliance with standards substitution for such mutilated Bond to Registrar, proposed by the American Standards Institute upon surrender of such mutilated Bond, or in lieu substantially in the form as [provided]. of and substitution for the Bond destroyed, Interest and principal shall be paid to the stolen or lost, upon filing with the Registrar registered holder of the Bond as shown on the evidence satisfactory to the Registrar and Issuer records of ownership maintained by the Regi- that such Bond has been destroyed, stolen or strar as of the 15th day preceding such interest lost and proof of ownership thereof, and upon payment date. Interest shall be computed on the furnishing the Registrar and Issuer with satisfac-basis of a 360-day year of twelve 30-day tory indemnity and complying with such other months. reasonable regulations as the Issuer or its agent CIFG Assurance North America, Inc. ("CIFG may prescribe and paying such expenses as the NA"), New York, New York, has delivered its Issuer may incur in connection therewith. financial guaranty insurance policy (the “Policy”) with respect to the scheduled payments of Regular Session, April 17, 2006 121 principal of and interest on this Bond as de-purpose by Wells Fargo Bank, National Associa- scribed herein below to Wells Fargo Bank, N.A. tion, the Registrar. Such transfer on the books or its successor, as Paying Agent (the "Paying shall occur only upon presentation and surrend- Agent") for the $2,900,000 City of Dubuque, er of this Bond at the office of the Registrar as Iowa General Obligation Bonds, Series 2006A. designated below, together with an assignment Said Policy is on file and available for inspection duly executed by the owner hereof or his duly at the principal office of the Paying Agent and a authorized attorney in the form as shall be copy thereof may be obtained from CIFG NA or satisfactory to the Registrar. Issuer reserves the the Paying Agent. right to substitute the Registrar and Paying This Bond is issued pursuant to the provisions Agent but shall, however, promptly give notice to of Sections 384.24 and 384.25 of the City Code registered bondholders of such change. All of Iowa, for the purpose of paying costs of the bonds shall be negotiable as provided in Article acquisition, construction, and installation of 8 of the Uniform Commercial Code and Section stormwater and storm sewer utility facilities and 384.31 of the Code of Iowa, subject to the improvements, including the 32nd Street Deten-provisions for registration and transfer contained tion Basin construction, Bee Branch land acqui-in the Bond Resolution. sition, North Fork Catfish Creek Ditch and This Bond is a "qualified tax-exempt obliga- Culvert construction, and other storm sewer, tion" designated by the City for purposes of stream bank and detention basin improvements, Section 265(b)(3)(B) of the Internal Revenue in conformity to a Resolution of the Council of Code of 1986. said City duly passed and approved. And it is hereby represented and certified that Unless this certificate is presented by an all acts, conditions and things requisite, accord- authorized representative of The Depository ing to the laws and Constitution of the State of Trust Company, a limited purpose trust company Iowa, to exist, to be had, to be done, or to be ("DTC"), to the Issuer or its agent for registration performed precedent to the lawful issue of this of transfer, exchange or payment, and any Bond, have been existent, had, done and certificate issued is registered in the name of performed as required by law; that provision has Cede & Co. or such other name as requested by been made for the levy of a sufficient continuing an authorized representative of DTC (and any annual tax on all the taxable property within the payment is made to Cede & Co. or to such other territory of the Issuer for the payment of the entity as is requested by an authorized repre-principal and interest of this Bond as the same sentative of DTC), ANY TRANSFER, PLEDGE will respectively become due; that the faith, OR OTHER USE HEREOF FOR VALUE OR credit, revenues and resources and all the real OTHERWISE BY OR TO ANY PERSON IS and personal property of the Issuer are irrevoc- WRONGFUL inasmuch as the registered owner ably pledged for the prompt payment hereof, hereof, Cede & Co., has an interest herein. both principal and interest; and the total indeb- Bonds maturing after June 1, 2014 may be tedness of the Issuer including this Bond, does called for redemption by the Issuer and paid not exceed the constitutional or statutory limita- before maturity on said date or any date thereaf-tions. ter, from any funds regardless of source, in IN TESTIMONY WHEREOF, the Issuer by its whole or from time to time in part, in any order of Council, has caused this Bond to be signed by maturity and within an annual maturity by lot. the manual signature of its Mayor and attested The terms of redemption shall be par, plus by the manual signature of its City Clerk, with accrued interest to date of call. the seal of said City impressed hereon, and to Thirty days' notice of redemption shall be be authenticated by the manual signature of an given by certified mail to the registered owner of authorized representative of the Registrar, Wells the Bond. Failure to give such notice by mail to Fargo Bank, National Association, Des Moines, any registered owner of the Bonds or any defect Iowa. therein shall not affect the validity of any pro- Section 14. Contract Between Issuer and ceedings for the redemption of the Bonds. All Purchaser. This Resolution constitutes a con- bonds or portions thereof called for redemption tract between said City and the purchaser of the will cease to bear interest after the specified Bonds. redemption date, provided funds for their re- Section 15. Non-Arbitrage Covenants. The demption are on deposit at the place of pay-Issuer reasonably expects and covenants that ment. no use will be made of the proceeds from the If selection by lot within a maturity is required, issuance and sale of the Bonds issued hereund- the Registrar shall designate the bonds to be er which will cause any of the Bonds to be redeemed by random selection of the names of classified as arbitrage bonds within the meaning the registered owners of the entire annual of Sections 148(a) and (b) of the Internal maturity until the total amount of bonds to be Revenue Code of the United States, as called has been reached. amended, and that throughout the term of the Ownership of this Bond may be transferred Bonds it will comply with the requirements of only by transfer upon the books kept for such statutes and regulations issued thereunder. Regular Session, April 17, 2006 122 To the best knowledge and belief of the Issuer, with and carry out all of the provisions of the there are no facts or circumstances that would Continuing Disclosure Certificate, and the materially change the foregoing statements or provisions of the Continuing Disclosure Certifi- the conclusion that it is not expected that the cate are hereby incorporated by reference as proceeds of the Bonds will be used in a manner part of this Resolution and made a part hereof. that would cause the Bonds to be arbitrage Notwithstanding any other provision of this bonds. Without limiting the generality of the Resolution, failure of the Issuer to comply with foregoing, the Issuer hereby agrees to comply the Continuing Disclosure Certificate shall not be with the provisions of the Tax Exemption Certifi-considered an event of default under this Reso- cate and the provisions of the Tax Exemption lution; however, any holder of the Bonds or Certificate are hereby incorporated by reference Beneficial Owner may take such actions as may as part of this Resolution. The Treasurer is be necessary and appropriate, including seeking hereby directed to make and insert all calcula-specific performance by court order, to cause tions and determinations necessary to complete the Issuer to comply with its obligations under the Tax Exemption Certificate in all respects and the Continuing Disclosure Certificate. For to execute and deliver the Tax Exemption purposes of this section, "Beneficial Owner" Certificate at issuance of the Bonds to certify as means any person which (a) has the power, to the reasonable expectations and covenants of directly or indirectly, to vote or consent with the Issuer at that date. respect to, or to dispose of ownership of, any Section 16. Additional Covenants, Representa-Bond (including persons holding Bonds through tions and Warranties of the Issuer. The Issuer nominees, depositories or other intermediaries), certifies and covenants with the purchasers and or (b) is treated as the owner of any Bonds for holders of the Bonds from time to time outstand-federal income tax purposes. ing that the Issuer through its officers, (a) will Section 20. Severability Clause. If any section, make such further specific covenants, represen-paragraph, clause or provision of this Resolution tations and assurances as may be necessary or be held invalid, such invalidity shall not affect advisable; (b) comply with all representations, any of the remaining provisions hereof, and this covenants and assurances contained in the Tax Resolution shall become effective immediately Exemption Certificate, which Tax Exemption upon its passage and approval. Certificate shall constitute a part of the contract Section 21. Repeal of Conflicting Resolutions between the Issuer and the owners of the or Ordinances. That all ordinances and resolu- Bonds; (c) consult with bond counsel (as defined tions and parts of ordinances and resolutions in in the Tax Exemption Certificate); (d) pay to the conflict herewith are hereby repealed. United States, as necessary, such sums of PASSED AND APPROVED this 17th day of money representing required rebates of excess April, 2006. arbitrage profits relating to the Bonds; (e) file Roy D. Buol, Mayor such forms, statements and supporting docu-Attest: Jeanne F. Schneider, City Clerk ments as may be required and in a timely Connors moved adoption of the Resolution. manner; and (f) if deemed necessary or advisa-Seconded by Lynch. Motion carried 7-0. ble by its officers, to employ and pay fiscal agents, financial advisors, attorneys and other General Obligation Urban Renewal Bonds – persons to assist the Issuer in such compliance. Series 2006B – Parking Ramps: City Manager Section 17. Amendment of Resolution to recommending approval of the final action Maintain Tax Exemption. This Resolution may necessary for the issuance of the General be amended without the consent of any owner of Obligation Urban Renewal Bonds – Series the Bonds if, in the opinion of bond counsel, 2006B for parking ramp restoration projects, such amendment is necessary to maintain tax presented and read. Connors moved that the exemption with respect to the Bonds under communication be received and filed. Seconded applicable Federal law or regulations. by Lynch. Motion carried 7-0. Section 18. Qualified Tax-Exempt Obligations. RESOLUTION NO. 140-06 For the sole purpose of qualifying the Bonds as APPOINTING WELLS FARGO BANK, NA- "Qualified Tax-Exempt Obligations" pursuant to TIONAL ASSOCIATION OF DES MOINES, the Internal Revenue Code of the United States, IOWA, TO SERVE AS PAYING AGENT, BOND the Issuer designates the Bonds as qualified tax- REGISTRAR, AND TRANSFER AGENT, exempt obligations and represents that the APPROVING THE PAYING AGENT AND reasonably anticipated amount of tax-exempt BOND REGISTRAR AND TRANSFER AGENT governmental and Code Section 501(c)3 obliga- AGREEMENT AND AUTHORIZING THE tions which will be issued during the current EXECUTION OF THE AGREEMENT calendar year will not exceed Ten (10) Million Dollars. WHEREAS, pursuant to the provisions of Section 19. Continuing Disclosure. The Issuer Chapter 75 of the Code of Iowa, $910,000 hereby covenants and agrees that it will comply General Obligation Urban Renewal Bonds, Regular Session, April 17, 2006 123 Series 2006B, dated the date of delivery, have proposal to institute proceedings for the is- been sold at public sale and action should now suance of not to exceed $910,000 in principal be taken to provide for the maintenance of amount of general obligation bonds for the records, registration of certificates and payment above described purposes; and no petition was of principal and interest in connection with the filed in the manner provided by Section 362.4 of issuance of the Bonds; and the City Code of Iowa, pursuant to the provisions WHEREAS, this Council has deemed that the of Sections 403.12 and 384.24(3)(q), and all services offered by Wells Fargo Bank, National objections, if any, to such Council action made Association of Des Moines, Iowa, are necessary by any resident or property owner of said City for compliance with rules, regulations, and were received and considered by the Council; requirements governing the registration, transfer WHEREAS, it is appropriate that the general and payment of registered Bonds; and obligation bonds to be issued for such urban WHEREAS, a Paying Agent, Bond Registrar renewal purposes be authorized for issuance and Transfer Agent Agreement (hereafter and sold as a separate series of bonds under "Agreement") has been prepared to be entered Section 403.12 of the Code of Iowa, to be into between the City and Wells Fargo Bank, designated as Series 2006B as hereinafter set National Association. forth, and that incremental tax revenues from the NOW, THEREFORE, BE IT RESOLVED BY Greater Downtown Urban Renewal Area be THE CITY COUNCIL OF DUBUQUE, IOWA: applied to abate the levy of taxes pledged to the Section 1. That Wells Fargo Bank, National repayment of such bonds; and Association of Des Moines, Iowa, is hereby WHEREAS, pursuant to the provisions of appointed to serve as Paying Agent, Bond Chapter 75 of the Code of Iowa, the above Registrar and Transfer Agent in connection with mentioned bonds were heretofore sold at public the issuance of $910,000 General Obligation sale and action should now be taken to issue Urban Renewal Bonds, Series 2006B, dated the said bonds conforming to the terms and condi- date of delivery. tions of the best bid received at the advertised Section 2. That the Agreement with Wells public sale: Fargo Bank, National Association of Des NOW, THEREFORE, BE IT RESOLVED BY Moines, Iowa, is hereby approved and that the THE COUNCIL OF THE CITY OF DUBUQUE, Mayor and Clerk are authorized to sign the IOWA: Agreement on behalf of the City. Section 1. Definitions. The following terms PASSED AND APPROVED this 17th day of shall have the following meanings in this Resolu- April, 2006. tion unless the text expressly or by necessary Roy D. Buol, Mayor implication requires otherwise: Attest: Jeanne F. Schneider, City Clerk ? "Authorized Denominations" shall mean Connors moved adoption of the Resolution. $5,000 or any integral multiple thereof. Seconded by Lynch. Motion carried 7-0. ? "Beneficial Owner" shall mean the person in whose name such Bond is recorded as the RESOLUTION NO. 141-06 beneficial owner of a Bond by a Participant on AUTHORIZING AND PROVIDING FOR THE the records of such Participant or such person's ISSUANCE OF $910,000 GENERAL OBLIGA- subrogee. TION URBAN RENEWAL BONDS, SERIES ? "Bond Fund" shall mean the fund created in 2006B, AND LEVYING A TAX TO PAY SAID Section 3 of this Resolution. BONDS ? "Bonds" shall mean $910,000 General WHEREAS, the Issuer is duly incorporated, Obligation Urban Renewal Bonds, Series organized and exists under and by virtue of the 2006B, authorized to be issued by this Resolu- laws and Constitution of the State of Iowa; and tion. WHEREAS, the Issuer is in need of funds to ? "Cede & Co." shall mean Cede & Co., the pay costs of aiding in the planning, undertaking nominee of DTC, and any successor nominee of and carrying out of urban renewal project DTC with respect to the Bonds. activities under the authority of Chapter 403 of ? "Continuing Disclosure Certificate" shall the Code of Iowa and the Urban Renewal Plan mean that certain Continuing Disclosure Certifi- for the Greater Downtown Urban Renewal cate executed by the Issuer and dated the date District, including those costs associated with of issuance and delivery of the Bonds, as the construction of improvements to the Iowa originally executed and as it may be amended Street and Locust Street public parking ramp from time to time in accordance with the terms facilities, essential corporate purposes, and it is thereof. deemed necessary and advisable that General ? "Depository Bonds" shall mean the Bonds Obligation Urban Renewal Bonds in the amount as issued in the form of one global certificate for of $910,000 be issued for said purpose; and each maturity, registered in the Registration WHEREAS, pursuant to notice published as Books maintained by the Registrar in the name required by Section 403.12, this Council has of DTC or its nominee. held a public meeting and hearing upon the Regular Session, April 17, 2006 124 ? "DTC" shall mean The Depository Trust 82,755 2013/2014 Company, New York, New York, a limited 80,445 2014/2015 purpose trust company, or any successor book- 83,105 2015/2016 entry securities depository appointed for the 85,538 2016/2017 Bonds. 82,703 2017/2018 ? "Issuer" and "City" shall mean the City of 84,833 2018/2019 Dubuque, Iowa. 86,720 2019/2020 ? "Participants" shall mean those broker- 83,360 2020/2021 dealers, banks and other financial institutions for (NOTE: For example the levy to be made and which DTC holds Bonds as securities deposito-certified against the taxable valuations of Janu- ry. ary 1, 2005, will be collected during the fiscal ? "Paying Agent" shall mean Wells Fargo year commencing July 1, 2006). Bank, National Association, or such successor (b) Resolution to be Filed With County Auditor. as may be approved by Issuer as provided A certified copy of this Resolution should be filed herein and who shall carry out the duties pre-with the County Auditor of Dubuque County, scribed herein as Issuer's agent to provide for Iowa, and said Auditor is hereby instructed in the payment of principal of and interest on the and for each of the years as provided, to levy Bonds as the same shall become due. and assess the tax hereby authorized in Section ? "Project Fund" shall mean the fund required 2 of this Resolution, in like manner as other to be established by this Resolution for the taxes are levied and assessed, and such taxes deposit of the proceeds of the Bonds. so levied in and for each of the years aforesaid ? "Rebate Fund" shall mean the fund so be collected in like manner as other taxes of the defined in and established pursuant to the Tax City are collected, and when collected be used Exemption Certificate. for the purpose of paying principal and interest ? "Registrar" shall mean Wells Fargo Bank, on said Bonds issued in anticipation of said tax, National Association of Des Moines, Iowa, or and for no other purpose whatsoever. such successor as may be approved by Issuer (c) Additional City Funds Available. Incremen- as provided herein and who shall carry out the tal tax revenues resulting from the division of duties prescribed herein with respect to main-taxes authorized under Section 403.19 of the taining a register of the owners of the Bonds. Code of Iowa in respect of the Greater Down- Unless otherwise specified, the Registrar shall town Urban Renewal District shall be certified also act as Transfer Agent for the Bonds. annually as provided by law and applied to ? "Representation Letter" shall mean the abate the foregoing tax levies. Principal and Blanket Issuer Letter of Representations interest coming due at any time when the executed and delivered by the Issuer to DTC. proceeds of said tax on hand shall be insufficient ? "Resolution" shall mean this resolution to pay the same shall be promptly paid when authorizing the Bonds. due from current funds of the City available for ? "Tax Exemption Certificate" shall mean the that purpose and reimbursement shall be made Tax Exemption Certificate executed by the from such special fund in the amounts thus Treasurer and delivered at the time of issuance advanced. and delivery of the Bonds. Section 3. Bond Fund. Said tax shall be ? "Treasurer" shall mean the City Treasurer or collected each year at the same time and in the such other officer as shall succeed to the same same manner as, and in addition to, all other duties and responsibilities with respect to the taxes in and for the City, and when collected recording and payment of the Bonds issued they shall be converted into a special fund within hereunder. the Debt Service Fund to be known as the Section 2. Levy and Certification of Annual "GENERAL OBLIGATION URBAN RENEWAL Tax; Other Funds to be Used. BOND FUND 2006B" (the "Bond Fund"), which (a) Levy of Annual Tax. That for the purpose of is hereby pledged for and shall be used only for providing funds to pay the principal and interest the payment of the principal of and interest on of the Bonds hereinafter authorized to be issued, the Bonds hereinafter authorized to be issued; there is hereby levied for each future year the and also there shall be apportioned to said fund following direct annual tax on all of the taxable its proportion of taxes received by the City from property in Dubuque, Iowa, to-wit: property that is centrally assessed by the State FISCAL YEAR (JULY 1 TO JUNE 30) of Iowa. AMOUNT YEAR OF COLLECTION: Section 4. Application of Bond Proceeds. $157,617 2007/2008 Proceeds of the Bonds other than accrued 82,568 2008/2009 interest except as may be provided below shall 80,768 2009/2010 be credited to the Project Fund and expended 83,943 2010/2011 therefrom for the purposes of issuance. Any 81,908 2011/2012 amounts on hand in the Project Fund shall be 79,845 2012/2013 available for the payment of the principal of or Regular Session, April 17, 2006 125 interest on the Bonds at any time that other Interest Principal Maturity funds shall be insufficient to the purpose, in Rate Amount June 1st which event such funds shall be repaid to the 3.55% $ 40,000 2007 Project Fund at the earliest opportunity. Any 3.55 45,000 2008 balance on hand in the Project Fund and not 3.60 50,000 2009 immediately required for its purposes may be 3.65 50,000 2010 invested not inconsistent with limitations pro- 3.70 55,000 2011 vided by law or this Resolution. Accrued interest, 3.75 55,000 2012 if any, shall be deposited in the Bond Fund. 3.80 55,000 2013 Section 5. Investments of Bond Fund 3.85 60,000 2014 Proceeds. All moneys held in the Bond Fund, 3.90 60,000 2015 provided for by Section 3 of this Resolution shall 3.95 65,000 2016 be invested in investments permitted by Chapter 4.05 70,000 2017 12B, Code of Iowa, 2005 (formerly Chapter 452, 4.10 70,000 2018 Code of Iowa, as amended) or deposited in 4.15 75,000 2019 financial institutions which are members of the 4.20 80,000 2020 Federal Deposit Insurance Corporation and the 4.20 80,000 2021 deposits in which are insured thereby and all (b) Redemption. Bonds maturing after June 1, such deposits exceeding the maximum amount 2014 may be called for redemption by the Issuer insured from time to time by FDIC or its equiva-and paid before maturity on said date or any lent successor in any one financial institution date thereafter, from any funds regardless of shall be continuously secured in compliance source, in whole or from time to time in part, in with the State Sinking Fund provided under any order of maturity and within an annual Chapter 12C of the Code of Iowa, 2005, as maturity by lot. The terms of redemption shall be amended or otherwise by a valid pledge of direct par, plus accrued interest to date of call. obligations of the United States Government Thirty days' notice of redemption shall be having an equivalent market value. All such given by certified mail to the registered owner of interim investments shall mature before the date the Bond. Failure to give such notice by mail to on which the moneys are required for payment any registered owner of the Bonds or any defect of principal of or interest on the Bonds as herein therein shall not affect the validity of any pro- provided. ceedings for the redemption of the Bonds. All Section 6. Bond Details, Execution and Re-bonds or portions thereof called for redemption demption. will cease to bear interest after the specified (a) Bond Details. General Obligation Urban redemption date, provided funds for their re- Renewal Bonds of the City in the amount of demption are on deposit at the place of pay- $910,000, shall be issued pursuant to the ment. provisions of Sections 403.12 and 384.24(3)(q) If selection by lot within a maturity is required, of the Code of Iowa for the aforesaid purpose. the Registrar shall designate the bonds to be The Bonds shall be designated "GENERAL redeemed by random selection of the names of OBLIGATION URBAN RENEWAL BOND, the registered owners of the entire annual SERIES 2006B", be dated the date of delivery, maturity until the total amount of bonds to be and bear interest from the date thereof, until called has been reached. payment thereof, at the office of the Paying Section 7. Issuance of Bonds in Book-Entry Agent, said interest payable on December 1, Form; Replacement Bonds. 2006, and semiannually thereafter on the lst day (a) Notwithstanding the other provisions of this of June and December in each year until maturi-Resolution regarding registration, ownership, ty at the rates hereinafter provided. transfer, payment and exchange of the Bonds, The Bonds shall be executed by the manual or unless the Issuer determines to permit the facsimile signature of the Mayor and attested by exchange of Depository Bonds for Bonds in the the manual or facsimile signature of the Clerk, Authorized Denominations, the Bonds shall be and impressed or printed with the seal of the issued as Depository Bonds in denominations of City and shall be fully registered as to both the entire principal amount of each maturity of principal and interest as provided in this Resolu-Bonds (or, if a portion of said principal amount is tion; principal, interest and premium, if any, shall prepaid, said principal amount less the prepaid be payable at the office of the Paying Agent by amount); and such Depository Bonds shall be mailing of a check to the registered owner of the registered in the name of Cede & Co., as nomi- Bond. The Bonds shall be in the denomination of nee of DTC. Payment of semi-annual interest for $5,000 or multiples thereof. The Bonds shall any Depository Bond shall be made by wire mature and bear interest as follows: transfer or New York Clearing House or equiva- lent next day funds to the account of Cede & Co. on the interest payment date for the Bonds at the address indicated in or pursuant to the Representation Letter. Regular Session, April 17, 2006 126 (b) With respect to Depository Bonds, neither (d) To the extent authorized by law, if the the Issuer nor the Paying Agent shall have any Issuer determines to provide for the exchange of responsibility or obligation to any Participant or Depository Bonds for Bonds in Authorized to any Beneficial Owner. Without limiting the Denominations, the Issuer shall so notify the immediately preceding sentence, neither the Paying Agent and shall provide the Registrar Issuer nor the Paying Agent shall have any with a supply of executed unauthenticated responsibility or obligation with respect to (i) the Bonds to be so exchanged. The Registrar shall accuracy of the records of DTC or its nominee or thereupon notify the owners of the Bonds and of any Participant with respect to any ownership provide for such exchange, and to the extent interest in the Bonds, (ii) the delivery to any that the Beneficial Owners are designated as the Participant, any Beneficial Owner or any other transferee by the owners, the Bonds will be person, other than DTC or its nominee, of any delivered in appropriate form, content and notice with respect to the Bonds, (iii) the pay-Authorized Denominations to the Beneficial ment to any Participant, any Beneficial Owner or Owners, as their interests appear. any other person, other than DTC or its nomi- (e) Any substitute depository shall be desig- nee, of any amount with respect to the principal nated in writing by the Issuer to the Paying of, premium, if any, or interest on the Bonds, or Agent. Any such substitute depository shall be a (iv) the failure of DTC to provide any information qualified and registered "clearing agency" as or notification on behalf of any Participant or provided in Section 17A of the Securities Ex- Beneficial Owner. change Act of 1934, as amended. The substitute The Issuer and the Paying Agent may treat depository shall provide for (i) immobilization of DTC or its nominee as, and deem DTC or its the Depository Bonds, (ii) registration and nominee to be, the absolute owner of each Bond transfer of interests in Depository Bonds by book for the purpose of payment of the principal of, entries made on records of the depository or its premium, if any, and interest on such Bond, for nominee and (iii) payment of principal of, pre- the purpose of all other matters with respect to mium, if any, and interest on the Bonds in such Bond, for the purpose of registering trans-accordance with and as such interests may fers with respect to such Bonds, and for all other appear with respect to such book entries. purposes whatsoever (except for the giving of Section 8. Registration of Bonds; Appointment certain Bondholder consents, in accordance with of Registrar; Transfer; Ownership; Delivery; and the practices and procedures of DTC as may be Cancellation. applicable thereto). The Paying Agent shall pay (a) Registration. The ownership of Bonds may all principal of, premium, if any, and interest on be transferred only by the making of an entry the Bonds only to or upon the order of the upon the books kept for the registration and Bondholders as shown on the Registration transfer of ownership of the Bonds, and in no Books, and all such payments shall be valid and other way. Wells Fargo Bank, National Associa- effective to fully satisfy and discharge the tion is hereby appointed as Bond Registrar Issuer's obligations with respect to the principal under the terms of this Resolution (and under of, premium, if any, and interest on the Bonds to the provisions of a separate agreement with the the extent so paid. Notwithstanding the provi-Issuer filed herewith which is made a part hereof sions of this Resolution to the contrary (including by this reference.) Registrar shall maintain the without limitation those provisions relating to the books of the Issuer for the registration of owner- surrender of Bonds, registration thereof, and ship of the Bonds for the payment of principal of issuance in Authorized Denominations), as long and interest on the Bonds as provided in this as the Bonds are Depository Bonds, full effect Resolution. All Bonds shall be negotiable as shall be given to the Representation Letter and provided in Article 8 of the Uniform Commercial the procedures and practices of DTC thereund-Code and Section 384.31 of the Code of Iowa, er, and the Paying Agent shall comply therewith. subject to the provisions for registration and (c) Upon (i) a determination by the Issuer that transfer contained in the Bonds and in this DTC is no longer able to carry out its functions Resolution. or is otherwise determined unsatisfactory, or (ii) (b) Transfer. The ownership of any Bond may a determination by DTC that the Bonds are no be transferred only upon the Registration Books longer eligible for its depository services or (iii) a kept for the registration and transfer of Bonds determination by the Paying Agent that DTC has and only upon surrender thereof at the office of resigned or discontinued its services for the the Registrar together with an assignment duly Bonds, if such substitution is authorized by law, executed by the holder or his duly authorized the Issuer shall (A) designate a satisfactory attorney in fact in such form as shall be satisfac- substitute depository as set forth below or, if a tory to the Registrar, along with the address and satisfactory substitute is not found, (B) provide social security number or federal employer for the exchange of Depository Bonds for identification number of such transferee (or, if replacement Bonds in Authorized Denomina-registration is to be made in the name of multiple tions. individuals, of all such transferees). In the event Regular Session, April 17, 2006 127 that the address of the registered owner of a and six months following the date on which such Bond (other than a registered owner which is the interest or principal became due, whether at nominee of the broker or dealer in question) is maturity, or at the date fixed for redemption that of a broker or dealer, there must be dis-thereof, or otherwise, at which time the Paying closed on the Registration Books the information Agent, shall surrender any remaining funds so pertaining to the registered owner required held to the Issuer, whereupon any claim under above. Upon the transfer of any such Bond, a this Resolution by the Owners of such interest or new fully registered Bond, of any denomination Bonds of whatever nature shall be made upon or denominations permitted by this Resolution in the Issuer. aggregate principal amount equal to the unma- (g) Registration and Transfer Fees. The tured and unredeemed principal amount of such Registrar may furnish to each owner, at the transferred fully registered Bond, and bearing Issuer's expense, one bond for each annual interest at the same rate and maturing on the maturity. The Registrar shall furnish additional same date or dates shall be delivered by the bonds in lesser denominations (but not less than Registrar. the minimum denomination) to an owner who so (c) Registration of Transferred Bonds. In all requests. cases of the transfer of the Bonds, the Registrar Section 9. Re-issuance of Mutilated, De- shall register, at the earliest practicable time, on stroyed, Stolen or Lost Bonds. In case any the Registration Books, the Bonds, in accor-outstanding Bond shall become mutilated or be dance with the provisions of this Resolution. destroyed, stolen or lost, the Issuer shall at the (d) Ownership. As to any Bond, the person in request of Registrar authenticate and deliver a whose name the ownership of the same shall be new Bond of like tenor and amount as the Bond registered on the Registration Books of the so mutilated, destroyed, stolen or lost, in ex- Registrar shall be deemed and regarded as the change and substitution for such mutilated Bond absolute owner thereof for all purposes, and to Registrar, upon surrender of such mutilated payment of or on account of the principal of any Bond, or in lieu of and substitution for the Bond such Bonds and the premium, if any, and destroyed, stolen or lost, upon filing with the interest thereon shall be made only to or upon Registrar evidence satisfactory to the Registrar the order of the registered owner thereof or his and Issuer that such Bond has been destroyed, legal representative. All such payments shall be stolen or lost and proof of ownership thereof, valid and effectual to satisfy and discharge the and upon furnishing the Registrar and Issuer liability upon such Bond, including the interest with satisfactory indemnity and complying with thereon, to the extent of the sum or sums so such other reasonable regulations as the Issuer paid. or its agent may prescribe and paying such (e) Cancellation. All Bonds which have been expenses as the Issuer may incur in connection redeemed shall not be reissued but shall be therewith. cancelled by the Registrar. All Bonds which are Section 10. Record Date. Payments of princip- cancelled by the Registrar shall be destroyed al and interest, otherwise than upon full redemp- and a certificate of the destruction thereof shall tion, made in respect of any Bond, shall be be furnished promptly to the Issuer; provided made to the registered holder thereof or to their that if the Issuer shall so direct, the Registrar designated agent as the same appear on the shall forward the cancelled Bonds to the Issuer. books of the Registrar on the 15th day preced- (f) Non-Presentment of Bonds. In the event ing the payment date. All such payments shall any payment check representing payment of fully discharge the obligations of the Issuer in principal of or interest on the Bonds is returned respect of such Bonds to the extent of the to the Paying Agent or if any bond is not pre-payments so made. Payment of principal shall sented for payment of principal at the maturity or only be made upon surrender of the Bond to the redemption date, if funds sufficient to pay such Paying Agent. principal of or interest on Bonds shall have been Section 11. Execution, Authentication and made available to the Paying Agent for the Delivery of the Bonds. Upon the adoption of this benefit of the owner thereof, all liability of the Resolution, the Mayor and Clerk shall execute Issuer to the owner thereof for such interest or and deliver the Bonds to the Registrar, who shall payment of such Bonds shall forthwith cease, authenticate the Bonds and deliver the same to terminate and be completely discharged, and or upon order of the Purchaser. No Bond shall thereupon it shall be the duty of the Paying be valid or obligatory for any purpose or shall be Agent to hold such funds, without liability for entitled to any right or benefit hereunder unless interest thereon, for the benefit of the owner of the Registrar shall duly endorse and execute on such Bonds who shall thereafter be restricted such Bond a Certificate of Authentication sub- exclusively to such funds for any claim of what-stantially in the form of the Certificate herein set ever nature on his part under this Resolution or forth. Such Certificate upon any Bond executed on, or with respect to, such interest or Bonds. on behalf of the Issuer shall be conclusive The Paying Agent's obligation to hold such funds evidence that the Bond so authenticated has shall continue for a period equal to two years been duly issued under this Resolution and that Regular Session, April 17, 2006 128 the holder thereof is entitled to the benefits of ter, from any funds regardless of source, in this Resolution. whole or from time to time in part, in any order of No Bonds shall be authenticated and delivered maturity and within an annual maturity by lot. by the Registrar unless and until there shall The terms of redemption shall be par, plus have been provided the following: accrued interest to date of call. 1. A certified copy of the Resolution of Issuer Thirty days' notice of redemption shall be authorizing the issuance of the Bonds; given by certified mail to the registered owner of 2. A written order of Issuer signed by the the Bond. Failure to give such notice by mail to Treasurer of the Issuer directing the authentica-any registered owner of the Bonds or any defect tion and delivery of the Bonds to or upon the therein shall not affect the validity of any pro- order of the Purchaser upon payment of the ceedings for the redemption of the Bonds. All purchase price as set forth therein; bonds or portions thereof called for redemption 3. The approving opinion of Ahlers & Cooney, will cease to bear interest after the specified P.C., Bond Counsel, concerning the validity and redemption date, provided funds for their re- legality of all the Bonds proposed to be issued. demption are on deposit at the place of pay- Section 12. Right to Name Substitute Paying ment. Agent or Registrar. Issuer reserves the right to If selection by lot within a maturity is required, name a substitute, successor Registrar or the Registrar shall designate the bonds to be Paying Agent upon giving prompt written notice redeemed by random selection of the names of to each registered bondholder. the registered owners of the entire annual Section 13. Form of Bond. Bonds shall be maturity until the total amount of bonds to be printed in substantial compliance with standards called has been reached. proposed by the American Standards Institute Ownership of this Bond may be transferred substantially in the form as [provided]. only by transfer upon the books kept for such Interest and principal shall be paid to the purpose by Wells Fargo Bank, National Associa- registered holder of the Bond as shown on the tion, the Registrar. Such transfer on the books records of ownership maintained by the Regi-shall occur only upon presentation and surrend- strar as of the 15th day preceding such interest er of this Bond at the office of the Registrar as payment date. Interest shall be computed on the designated below, together with an assignment basis of a 360-day year of twelve 30-day duly executed by the owner hereof or his duly months. authorized attorney in the form as shall be This Bond is issued pursuant to the provisions satisfactory to the Registrar. Issuer reserves the of Sections 403.12 and 384.24(3)(q) of the Code right to substitute the Registrar and Paying of Iowa, for the purpose of paying costs of aiding Agent but shall, however, promptly give notice to in the planning, undertaking and carrying out of registered bondholders of such change. All urban renewal project activities under the bonds shall be negotiable as provided in Article authority of Chapter 403 of the Code of Iowa 8 of the Uniform Commercial Code and Section and the Urban Renewal Plan for the Greater 384.31 of the Code of Iowa, subject to the Downtown Urban Renewal District, including provisions for registration and transfer contained those costs associated with the construction of in the Bond Resolution. improvements to the Iowa Street and Locust This Bond is a "qualified tax-exempt obliga- Street public parking ramp facilities, in conformi-tion" designated by the City for purposes of ty to a Resolution of the Council of said City duly Section 265(b)(3)(B) of the Internal Revenue passed and approved. Code of 1986. Unless this certificate is presented by an And it is hereby represented and certified that authorized representative of The Depository all acts, conditions and things requisite, accord- Trust Company, a limited purpose trust company ing to the laws and Constitution of the State of ("DTC"), to the Issuer or its agent for registration Iowa, to exist, to be had, to be done, or to be of transfer, exchange or payment, and any performed precedent to the lawful issue of this certificate issued is registered in the name of Bond, have been existent, had, done and Cede & Co. or such other name as requested by performed as required by law; that provision has an authorized representative of DTC (and any been made for the levy of a sufficient continuing payment is made to Cede & Co. or to such other annual tax on all the taxable property within the entity as is requested by an authorized repre-territory of the Issuer for the payment of the sentative of DTC), ANY TRANSFER, PLEDGE principal and interest of this Bond as the same OR OTHER USE HEREOF FOR VALUE OR will respectively become due; that the faith, OTHERWISE BY OR TO ANY PERSON IS credit, revenues and resources and all the real WRONGFUL inasmuch as the registered owner and personal property of the Issuer are irrevoc- hereof, Cede & Co., has an interest herein. ably pledged for the prompt payment hereof, Bonds maturing after June 1, 2014 may be both principal and interest; and the total indeb- called for redemption by the Issuer and paid tedness of the Issuer including this Bond, does before maturity on said date or any date thereaf- Regular Session, April 17, 2006 129 not exceed the constitutional or statutory limita-ments as may be required and in a timely tions. manner; and (f) if deemed necessary or advisa- IN TESTIMONY WHEREOF, the Issuer by its ble by its officers, to employ and pay fiscal Council, has caused this Bond to be signed by agents, financial advisors, attorneys and other the manual signature of its Mayor and attested persons to assist the Issuer in such compliance. by the manual signature of its City Clerk, with Section 17. Amendment of Resolution to the seal of said City impressed hereon, and to Maintain Tax Exemption. This Resolution may be authenticated by the manual signature of an be amended without the consent of any owner of authorized representative of the Registrar, Wells the Bonds if, in the opinion of bond counsel, Fargo Bank, National Association, Des Moines, such amendment is necessary to maintain tax Iowa. exemption with respect to the Bonds under Section 14. Contract Between Issuer and applicable Federal law or regulations. Purchaser. This Resolution constitutes a con- Section 18. Qualified Tax-Exempt Obligations. tract between said City and the purchaser of the For the sole purpose of qualifying the Bonds as Bonds. "Qualified Tax-Exempt Obligations" pursuant to Section 15. Non-Arbitrage Covenants. The the Internal Revenue Code of the United States, Issuer reasonably expects and covenants that the Issuer designates the Bonds as qualified tax- no use will be made of the proceeds from the exempt obligations and represents that the issuance and sale of the Bonds issued hereund-reasonably anticipated amount of tax-exempt er which will cause any of the Bonds to be governmental and Code Section 501(c)3 obliga- classified as arbitrage bonds within the meaning tions which will be issued during the current of Sections 148(a) and (b) of the Internal calendar year will not exceed Ten (10) Million Revenue Code of the United States, as Dollars. amended, and that throughout the term of the Section 19. Continuing Disclosure. The Issuer Bonds it will comply with the requirements of hereby covenants and agrees that it will comply statutes and regulations issued thereunder. with and carry out all of the provisions of the To the best knowledge and belief of the Issuer, Continuing Disclosure Certificate, and the there are no facts or circumstances that would provisions of the Continuing Disclosure Certifi- materially change the foregoing statements or cate are hereby incorporated by reference as the conclusion that it is not expected that the part of this Resolution and made a part hereof. proceeds of the Bonds will be used in a manner Notwithstanding any other provision of this that would cause the Bonds to be arbitrage Resolution, failure of the Issuer to comply with bonds. Without limiting the generality of the the Continuing Disclosure Certificate shall not be foregoing, the Issuer hereby agrees to comply considered an event of default under this Reso- with the provisions of the Tax Exemption Certifi-lution; however, any holder of the Bonds or cate and the provisions of the Tax Exemption Beneficial Owner may take such actions as may Certificate are hereby incorporated by reference be necessary and appropriate, including seeking as part of this Resolution. The Treasurer is specific performance by court order, to cause hereby directed to make and insert all calcula-the Issuer to comply with its obligations under tions and determinations necessary to complete the Continuing Disclosure Certificate. For the Tax Exemption Certificate in all respects and purposes of this section, "Beneficial Owner" to execute and deliver the Tax Exemption means any person which (a) has the power, Certificate at issuance of the Bonds to certify as directly or indirectly, to vote or consent with to the reasonable expectations and covenants of respect to, or to dispose of ownership of, any the Issuer at that date. Bond (including persons holding Bonds through Section 16. Additional Covenants, Representa-nominees, depositories or other intermediaries), tions and Warranties of the Issuer. The Issuer or (b) is treated as the owner of any Bonds for certifies and covenants with the purchasers and federal income tax purposes. holders of the Bonds from time to time outstand- Section 20. Severability Clause. If any section, ing that the Issuer through its officers, (a) will paragraph, clause or provision of this Resolution make such further specific covenants, represen-be held invalid, such invalidity shall not affect tations and assurances as may be necessary or any of the remaining provisions hereof, and this advisable; (b) comply with all representations, Resolution shall become effective immediately covenants and assurances contained in the Tax upon its passage and approval. Exemption Certificate, which Tax Exemption Section 21. Repeal of Conflicting Resolutions Certificate shall constitute a part of the contract or Ordinances. That all ordinances and resolu- between the Issuer and the owners of the tions and parts of ordinances and resolutions in Bonds; (c) consult with bond counsel (as defined conflict herewith are hereby repealed. in the Tax Exemption Certificate); (d) pay to the PASSED AND APPROVED this 17th day of United States, as necessary, such sums of April, 2006. money representing required rebates of excess Roy D. Buol, Mayor arbitrage profits relating to the Bonds; (e) file Attest: Jeanne F. Schneider, City Clerk such forms, statements and supporting docu- Regular Session, April 17, 2006 130 Connors moved adoption of the Resolution. RESOLUTION NO. 143-06 Seconded by Lynch. Motion carried 7-0. AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $3,525,000 GENERAL OBLI- General Obligation Refunding Bonds – Series GATION REFUNDING BONDS, SERIES 2006C: City Manager recommending approval of 2006C, AND LEVYING A TAX TO PAY SAID the final action necessary for the issuance of the BONDS General Obligation Refunding Bonds – Series 2006C to refund the outstanding balance on WHEREAS, the Issuer is duly incorporated, 2000 Series B and C Bonds, presented and organized and exists under and by virtue of the read. Connors moved that the communication laws and Constitution of the State of Iowa; and be received and filed. Seconded by Lynch. WHEREAS, the Issuer is in need of funds to Motion carried 7-0. pay costs of refunding and refinancing of out- standing City indebtedness, consisting of the RESOLUTION NO. 142-06 General Obligation Bonds, Series 2000B, dated APPOINTING WELLS FARGO BANK, NA- June 1, 2000, and the General Obligation TIONAL ASSOCIATION OF DES MOINES, Bonds, Series 2000C, dated November 1, 2000, IOWA, TO SERVE AS PAYING AGENT, BOND an essential corporate purpose, and it is REGISTRAR, AND TRANSFER AGENT, deemed necessary and advisable that General APPROVING THE PAYING AGENT AND Obligation Refunding Bonds in the amount of BOND REGISTRAR AND TRANSFER AGENT $3,525,000 be issued for said purpose; and AGREEMENT AND AUTHORIZING THE WHEREAS, pursuant to notice published as EXECUTION OF THE AGREEMENT required by Section 384.25 of said Code, this WHEREAS, pursuant to the provisions of Council has held a public meeting and hearing Chapter 75 of the Code of Iowa, $3,525,000 upon the proposal to institute proceedings for General Obligation Refunding Bonds, Series the issuance of said Bonds, and the Council is 2006C, dated the date of delivery, have been therefore now authorized to proceed with the sold at public sale and action should now be issuance of said Bonds; and taken to provide for the maintenance of records, WHEREAS, pursuant to the provisions of registration of certificates and payment of Chapter 75 of the Code of Iowa, the above principal and interest in connection with the mentioned bonds were heretofore sold at public issuance of the Bonds; and sale and action should now be taken to issue WHEREAS, this Council has deemed that the said bonds conforming to the terms and condi- services offered by Wells Fargo Bank, National tions of the best bid received at the advertised Association of Des Moines, Iowa, are necessary public sale: for compliance with rules, regulations, and NOW, THEREFORE, BE IT RESOLVED BY requirements governing the registration, transfer THE CITY COUNCIL OF THE CITY OF DUBU- and payment of registered Bonds; and QUE, IOWA: WHEREAS, a Paying Agent, Bond Registrar Section 1. Definitions. The following terms shall and Transfer Agent Agreement (hereafter have the following meanings in this Resolution "Agreement") has been prepared to be entered unless the text expressly or by necessary into between the City and Wells Fargo Bank, implication requires otherwise: National Association. ? "Authorized Denominations" shall mean NOW, THEREFORE, BE IT RESOLVED BY $5,000 or any integral multiple thereof. THE CITY COUNCIL OF DUBUQUE, IOWA: ? "Beneficial Owner" shall mean the person Section 1. That Wells Fargo Bank, National in whose name such Bond is recorded as the Association of Des Moines, Iowa, is hereby beneficial owner of a Bond by a Participant on appointed to serve as Paying Agent, Bond the records of such Participant or such person's Registrar and Transfer Agent in connection with subrogee. the issuance of $3,525,000 General Obligation ? "Bond Fund" shall mean the fund created Refunding Bonds, Series 2006C, dated the date in Section 3 of this of delivery. Resolution. Section 2. That the Agreement with Wells ? "Bonds" shall mean $3,525,000 General Fargo Bank, National Association of Des Obligation Bonds, Series 2006C, authorized to Moines, Iowa, is hereby approved and that the be issued by this Resolution. Mayor and Clerk are authorized to sign the ? "Cede & Co." shall mean Cede & Co., the Agreement on behalf of the City. nominee of DTC, and any successor nominee of PASSED AND APPROVED this 17th day of DTC with respect to the Bonds. April, 2006. ? "Continuing Disclosure Certificate" shall Roy D. Buol, Mayor mean that certain Continuing Disclosure Certifi- Attest: Jeanne F. Schneider, City Clerk cate executed by the Issuer and dated the date Connors moved adoption of the Resolution. of issuance and delivery of the Bonds, as Seconded by Lynch. Motion carried 7-0. originally executed and as it may be amended Regular Session, April 17, 2006 131 from time to time in accordance with the terms FISCAL YEAR (JULY 1 TO JUNE 30) thereof. AMOUNT YEAR OF COLLECTION: ? "Depository Bonds" shall mean the Bonds $289,401 2007/2008 as issued in the form of one global certificate for 139,098 2008/2009 each maturity, registered in the Registration 304,098 2009/2010 Books maintained by the Registrar in the name 303,075 2010/2011 of DTC or its nominee. 301,785 2011/2012 ? "DTC" shall mean The Depository Trust 305,223 2012/2013 Company, New York, New York, a limited 298,285 2013/2014 purpose trust company, or any successor book- 301,255 2014/2015 entry securities depository appointed for the 298,748 2015/2016 Bonds. 300,948 2016/2017 ? "Escrow Fund" shall mean the fund re- 732,653 2017/2018 quired to be established by this Resolution for 731,653 2018/2019 the deposit of the proceeds of the Bonds. 744,315 2019/2020 ? "Issuer" and "City" shall mean the City of (NOTE: For example the levy to be made and Dubuque, Iowa. certified against the taxable valuations of Janu- ? "Participants" shall mean those broker-ary 1, 2005, will be collected during the fiscal dealers, banks and other financial institutions for year commencing July 1, 2006). which DTC holds Bonds as securities deposito- (b) Resolution to be Filed With County Audi- ry. tor. A certified copy of this Resolution should be ? "Paying Agent" shall mean Wells Fargo filed with the County Auditor of Dubuque Coun- Bank, National Association, or such successor ty, Iowa, and said Auditor is hereby instructed in as may be approved by Issuer as provided and for each of the years as provided, to levy herein and who shall carry out the duties pre-and assess the tax hereby authorized in Section scribed herein as Issuer's agent to provide for 2 of this Resolution, in like manner as other the payment of principal of and interest on the taxes are levied and assessed, and such taxes Bonds as the same shall become due. so levied in and for each of the years aforesaid ? "Rebate Fund" shall mean the fund so defined be collected in like manner as other taxes of the in and established pursuant to the Tax Exemp-City are collected, and when collected be used tion Certificate. for the purpose of paying principal and interest ? "Refunded Bonds" shall mean the 2010 on said Bonds issued in anticipation of said tax, through 2020 principal maturities of the General and for no other purpose whatsoever. Obligation Bonds, Series 2000B, dated June 1, (c) Additional City Funds Available. Principal 2000, and the 2018 through 2020 principal and interest coming due at any time when the maturities of the General Obligation Bonds, proceeds of said tax on hand shall be insufficient Series 2000C, dated November 1, 2000. to pay the same shall be promptly paid when ? "Representation Letter" shall mean the Blanketdue from current funds of the City available for Issuer Letter of Representations executed and that purpose and reimbursement shall be made delivered by the Issuer to DTC. from such special fund in the amounts thus ? "Resolution" shall mean this resolution advanced. authorizing the Bonds. Section 3. Bond Fund. Said tax shall be ? "Tax Exemption Certificate" shall mean the collected each year at the same time and in the Tax Exemption Certificate executed by the same manner as, and in addition to, all other Treasurer and delivered at the time of issuance taxes in and for the City, and when collected and delivery of the Bonds. they shall be converted into a special fund within ? "Treasurer" shall mean the City Treasurer or the Debt Service Fund to be known as the such other officer as shall succeed to the same "GENERAL OBLIGATION REFUNDING BOND duties and responsibilities with respect to the FUND 2006C" (the "Bond Fund"), which is recording and payment of the Bonds issued hereby pledged for and shall be used only for hereunder. the payment of the principal of and interest on Section 2. Levy and Certification of Annual the Bonds hereinafter authorized to be issued; Tax; Other Funds to be Used. and also there shall be apportioned to said fund (a) Levy of Annual Tax. That for the purpose its proportion of taxes received by the City from of providing funds to pay the principal and property that is centrally assessed by the State interest of the Bonds hereinafter authorized to of Iowa. be issued, there is hereby levied for each future Section 4. Deposit of Proceeds In Escrow. The year the following direct annual tax on all of the proceeds derived from the sale of the Bonds taxable property in Dubuque, Iowa, to-wit: herein authorized shall be placed in escrow with Wells Fargo Bank, N.A. of Dubuque, Iowa, as Trustee under the Refunding Trust Agreement, which Trustee shall 1) hold such proceeds in a special and irrevocable trust fund, 2) invest such Regular Session, April 17, 2006 132 proceeds only in cash or direct obligations of the mailing of a check to the registered owner of the United States, and 3) apply such proceeds and Bond. The Bonds shall be in the denomination of earnings thereon only in accordance with the $5,000 or multiples thereof. The Bonds shall terms and conditions of the Refunding Trust mature and bear interest as follows: Agreement in such manner that the amounts Interest Principal Maturity deposited will be sufficient, without the need of Rate Amount June 1st any further investment or reinvestment to retire 3.65% $165,000 2010 all of the Refunded Bonds on June 1, 2009. All 3.70 170,000 2011 the terms and conditions of the Refunding Trust 3.75 175,000 2012 Agreement are hereby incorporated by refer- 3.75 185,000 2013 ence in this Resolution as if set forth herein in 3.80 185,000 2014 full. The Refunding Trust Agreement is hereby 3.85 195,000 2015 approved and confirmed as binding upon the 3.90 200,000 2016 Issuer, and the Mayor and City Clerk are hereby 3.95 210,000 2017 authorized to execute the same on behalf of the 4.00 650,000 2018 Issuer. 4.05 675,000 2019 Section 5. Investments of Bond Fund 4.10 715,000 2020 Proceeds. All moneys held in the Bond Fund, (b) Redemption. Bonds maturing after June 1, provided for by Section 3 of this Resolution shall 2014 may be called for redemption by the Issuer be invested in investments permitted by Chapter and paid before maturity on said date or any 12B, Code of Iowa, 2005 (formerly Chapter 452, date thereafter, from any funds regardless of Code of Iowa, as amended) or deposited in source, in whole or from time to time in part, in financial institutions which are members of the any order of maturity and within an annual Federal Deposit Insurance Corporation and the maturity by lot. The terms of redemption shall be deposits in which are insured thereby and all par, plus accrued interest to date of call. such deposits exceeding the maximum amount Thirty days' notice of redemption shall be insured from time to time by FDIC or its equiva-given by certified mail to the registered owner of lent successor in any one financial institution the Bond. Failure to give such notice by mail to shall be continuously secured in compliance any registered owner of the Bonds or any defect with the State Sinking Fund provided under therein shall not affect the validity of any pro- Chapter 12C of the Code of Iowa, 2005, as ceedings for the redemption of the Bonds. All amended or otherwise by a valid pledge of direct bonds or portions thereof called for redemption obligations of the United States Government will cease to bear interest after the specified having an equivalent market value. All such redemption date, provided funds for their re- interim investments shall mature before the date demption are on deposit at the place of pay- on which the moneys are required for payment ment. of principal of or interest on the Bonds as herein If selection by lot within a maturity is required, provided. the Registrar shall designate the bonds to be Section 6. Bond Details, Execution and Re-redeemed by random selection of the names of demption. the registered owners of the entire annual (a) Bond Details. General Obligation Refund-maturity until the total amount of bonds to be ing Bonds, Series 2006C, of the City in the called has been reached. amount of $3,525,000, shall be issued pursuant Section 7. Issuance of Bonds in Book-Entry to the provisions of Section 384.25 of the City Form; Replacement Bonds. Code of Iowa for the aforesaid purpose. The (a) Notwithstanding the other provisions of this Bonds shall be designated "GENERAL OBLI-Resolution regarding registration, ownership, GATION REFUNDING BOND, SERIES 2006C", transfer, payment and exchange of the Bonds, dated the date of delivery, and bear interest from unless the Issuer determines to permit the the date thereof, until payment thereof, at the exchange of Depository Bonds for Bonds in the office of the Paying Agent, said interest payable Authorized Denominations, the Bonds shall be on December 1, 2006, and semiannually the-issued as Depository Bonds in denominations of reafter on the lst day of June and December in the entire principal amount of each maturity of each year until maturity at the rates hereinafter Bonds (or, if a portion of said principal amount is provided. prepaid, said principal amount less the prepaid The Bonds shall be executed by the manual or amount); and such Depository Bonds shall be facsimile signature of the Mayor and attested by registered in the name of Cede & Co., as nomi- the manual or facsimile signature of the Clerk, nee of DTC. Payment of semi-annual interest for and impressed or printed with the seal of the any Depository Bond shall be made by wire City and shall be fully registered as to both transfer or New York Clearing House or equiva- principal and interest as provided in this Resolu-lent next day funds to the account of Cede & Co. tion; principal, interest and premium, if any, shall on the interest payment date for the Bonds at be payable at the office of the Paying Agent by Regular Session, April 17, 2006 133 the address indicated in or pursuant to the replacement Bonds in Authorized Denomina- Representation Letter. tions. (b) With respect to Depository Bonds, neither (d) To the extent authorized by law, if the the Issuer nor the Paying Agent shall have any Issuer determines to provide for the exchange of responsibility or obligation to any Participant or Depository Bonds for Bonds in Authorized to any Beneficial Owner. Without limiting the Denominations, the Issuer shall so notify the immediately preceding sentence, neither the Paying Agent and shall provide the Registrar Issuer nor the Paying Agent shall have any with a supply of executed unauthenticated responsibility or obligation with respect to (i) the Bonds to be so exchanged. The Registrar shall accuracy of the records of DTC or its nominee or thereupon notify the owners of the Bonds and of any Participant with respect to any ownership provide for such exchange, and to the extent interest in the Bonds, (ii) the delivery to any that the Beneficial Owners are designated as the Participant, any Beneficial Owner or any other transferee by the owners, the Bonds will be person, other than DTC or its nominee, of any delivered in appropriate form, content and notice with respect to the Bonds, (iii) the pay-Authorized Denominations to the Beneficial ment to any Participant, any Beneficial Owner or Owners, as their interests appear. any other person, other than DTC or its nomi- (e) Any substitute depository shall be desig- nee, of any amount with respect to the principal nated in writing by the Issuer to the Paying of, premium, if any, or interest on the Bonds, or Agent. Any such substitute depository shall be a (iv) the failure of DTC to provide any information qualified and registered "clearing agency" as or notification on behalf of any Participant or provided in Section 17A of the Securities Ex- Beneficial Owner. change Act of 1934, as amended. The substitute The Issuer and the Paying Agent may treat depository shall provide for (i) immobilization of DTC or its nominee as, and deem DTC or its the Depository Bonds, (ii) registration and nominee to be, the absolute owner of each Bond transfer of interests in Depository Bonds by book for the purpose of payment of the principal of, entries made on records of the depository or its premium, if any, and interest on such Bond, for nominee and (iii) payment of principal of, pre- the purpose of all other matters with respect to mium, if any, and interest on the Bonds in such Bond, for the purpose of registering trans-accordance with and as such interests may fers with respect to such Bonds, and for all other appear with respect to such book entries. purposes whatsoever (except for the giving of Section 8. Registration of Bonds; Appointment certain Bondholder consents, in accordance with of Registrar; Transfer; Ownership; Delivery; and the practices and procedures of DTC as may be Cancellation. applicable thereto). The Paying Agent shall pay (a) Registration. The ownership of Bonds may all principal of, premium, if any, and interest on be transferred only by the making of an entry the Bonds only to or upon the order of the upon the books kept for the registration and Bondholders as shown on the Registration transfer of ownership of the Bonds, and in no Books, and all such payments shall be valid and other way. Wells Fargo Bank, National Associa- effective to fully satisfy and discharge the tion is hereby appointed as Bond Registrar Issuer's obligations with respect to the principal under the terms of this Resolution (and under of, premium, if any, and interest on the Bonds to the provisions of a separate agreement with the the extent so paid. Notwithstanding the provi-Issuer filed herewith which is made a part hereof sions of this Resolution to the contrary (including by this reference.) Registrar shall maintain the without limitation those provisions relating to the books of the Issuer for the registration of owner- surrender of Bonds, registration thereof, and ship of the Bonds for the payment of principal of issuance in Authorized Denominations), as long and interest on the Bonds as provided in this as the Bonds are Depository Bonds, full effect Resolution. All Bonds shall be negotiable as shall be given to the Representation Letter and provided in Article 8 of the Uniform Commercial the procedures and practices of DTC thereund-Code and Section 384.31 of the Code of Iowa, er, and the Paying Agent shall comply therewith. subject to the provisions for registration and (c) Upon (i) a determination by the Issuer that transfer contained in the Bonds and in this DTC is no longer able to carry out its functions Resolution. or is otherwise determined unsatisfactory, or (ii) (b) Transfer. The ownership of any Bond may a determination by DTC that the Bonds are no be transferred only upon the Registration Books longer eligible for its depository services or (iii) a kept for the registration and transfer of Bonds determination by the Paying Agent that DTC has and only upon surrender thereof at the office of resigned or discontinued its services for the the Registrar together with an assignment duly Bonds, if such substitution is authorized by law, executed by the holder or his duly authorized the Issuer shall (A) designate a satisfactory attorney in fact in such form as shall be satisfac- substitute depository as set forth below or, if a tory to the Registrar, along with the address and satisfactory substitute is not found, (B) provide social security number or federal employer for the exchange of Depository Bonds for identification number of such transferee (or, if registration is to be made in the name of multiple Regular Session, April 17, 2006 134 individuals, of all such transferees). In the event The Paying Agent's obligation to hold such funds that the address of the registered owner of a shall continue for a period equal to two years Bond (other than a registered owner which is the and six months following the date on which such nominee of the broker or dealer in question) is interest or principal became due, whether at that of a broker or dealer, there must be dis-maturity, or at the date fixed for redemption closed on the Registration Books the information thereof, or otherwise, at which time the Paying pertaining to the registered owner required Agent, shall surrender any remaining funds so above. Upon the transfer of any such Bond, a held to the Issuer, whereupon any claim under new fully registered Bond, of any denomination this Resolution by the Owners of such interest or or denominations permitted by this Resolution in Bonds of whatever nature shall be made upon aggregate principal amount equal to the unma-the Issuer. tured and unredeemed principal amount of such (g) Registration and Transfer Fees. The transferred fully registered Bond, and bearing Registrar may furnish to each owner, at the interest at the same rate and maturing on the Issuer's expense, one bond for each annual same date or dates shall be delivered by the maturity. The Registrar shall furnish additional Registrar. bonds in lesser denominations (but not less than (c) Registration of Transferred Bonds. In all the minimum denomination) to an owner who so cases of the transfer of the Bonds, the Registrar requests. shall register, at the earliest practicable time, on Section 9. Reissuance of Mutilated, Destroyed, the Registration Books, the Bonds, in accor-Stolen or Lost Bonds. In case any outstanding dance with the provisions of this Resolution. Bond shall become mutilated or be destroyed, (d) Ownership. As to any Bond, the person in stolen or lost, the Issuer shall at the request of whose name the ownership of the same shall be Registrar authenticate and deliver a new Bond registered on the Registration Books of the of like tenor and amount as the Bond so muti- Registrar shall be deemed and regarded as the lated, destroyed, stolen or lost, in exchange and absolute owner thereof for all purposes, and substitution for such mutilated Bond to Registrar, payment of or on account of the principal of any upon surrender of such mutilated Bond, or in lieu such Bonds and the premium, if any, and of and substitution for the Bond destroyed, interest thereon shall be made only to or upon stolen or lost, upon filing with the Registrar the order of the registered owner thereof or his evidence satisfactory to the Registrar and Issuer legal representative. All such payments shall be that such Bond has been destroyed, stolen or valid and effectual to satisfy and discharge the lost and proof of ownership thereof, and upon liability upon such Bond, including the interest furnishing the Registrar and Issuer with satisfac- thereon, to the extent of the sum or sums so tory indemnity and complying with such other paid. reasonable regulations as the Issuer or its agent (e) Cancellation. All Bonds which have been may prescribe and paying such expenses as the redeemed shall not be reissued but shall be Issuer may incur in connection therewith. cancelled by the Registrar. All Bonds which are Section 10. Record Date. Payments of princip- cancelled by the Registrar shall be destroyed al and interest, otherwise than upon full redemp- and a certificate of the destruction thereof shall tion, made in respect of any Bond, shall be be furnished promptly to the Issuer; provided made to the registered holder thereof or to their that if the Issuer shall so direct, the Registrar designated agent as the same appear on the shall forward the cancelled Bonds to the Issuer. books of the Registrar on the 15th day preced- (f) Non-Presentment of Bonds. In the event ing the payment date. All such payments shall any payment check representing payment of fully discharge the obligations of the Issuer in principal of or interest on the Bonds is returned respect of such Bonds to the extent of the to the Paying Agent or if any bond is not pre-payments so made. Payment of principal shall sented for payment of principal at the maturity or only be made upon surrender of the Bond to the redemption date, if funds sufficient to pay such Paying Agent. principal of or interest on Bonds shall have been Section 11. Execution, Authentication and made available to the Paying Agent for the Delivery of the Bonds. Upon the adoption of this benefit of the owner thereof, all liability of the Resolution, the Mayor and Clerk shall execute Issuer to the owner thereof for such interest or and deliver the Bonds to the Registrar, who shall payment of such Bonds shall forthwith cease, authenticate the Bonds and deliver the same to terminate and be completely discharged, and or upon order of the Purchaser. No Bond shall thereupon it shall be the duty of the Paying be valid or obligatory for any purpose or shall be Agent to hold such funds, without liability for entitled to any right or benefit hereunder unless interest thereon, for the benefit of the owner of the Registrar shall duly endorse and execute on such Bonds who shall thereafter be restricted such Bond a Certificate of Authentication sub- exclusively to such funds for any claim of what-stantially in the form of the Certificate herein set ever nature on his part under this Resolution or forth. Such Certificate upon any Bond executed on, or with respect to, such interest or Bonds. on behalf of the Issuer shall be conclusive Regular Session, April 17, 2006 135 evidence that the Bond so authenticated has maturity and within an annual maturity by lot. been duly issued under this Resolution and that The terms of redemption shall be par, plus the holder thereof is entitled to the benefits of accrued interest to date of call. this Resolution. Thirty days' notice of redemption shall be No Bonds shall be authenticated and delivered given by certified mail to the registered owner of by the Registrar unless and until there shall the Bond. Failure to give such notice by mail to have been provided the following: any registered owner of the Bonds or any defect 1. A certified copy of the Resolution of Issuer therein shall not affect the validity of any pro- authorizing the issuance of the Bonds; ceedings for the redemption of the Bonds. All 2. A written order of Issuer signed by the bonds or portions thereof called for redemption Treasurer of the Issuer directing the authentica-will cease to bear interest after the specified tion and delivery of the Bonds to or upon the redemption date, provided funds for their re- order of the Purchaser upon payment of the demption are on deposit at the place of pay- purchase price as set forth therein; ment. 3. The approving opinion of Ahlers & Cooney, If selection by lot within a maturity is required, P.C., Bond Counsel, concerning the validity and the Registrar shall designate the bonds to be legality of all the Bonds proposed to be issued. redeemed by random selection of the names of Section 12. Right to Name Substitute Paying the registered owners of the entire annual Agent or Registrar. Issuer reserves the right to maturity until the total amount of bonds to be name a substitute, successor Registrar or called has been reached. Paying Agent upon giving prompt written notice Ownership of this Bond may be transferred to each registered bondholder. only by transfer upon the books kept for such Section 13. Form of Bond. Bonds shall be purpose by Wells Fargo Bank, National Associa- printed in substantial compliance with standards tion, the Registrar. Such transfer on the books proposed by the American Standards Institute shall occur only upon presentation and surrend- substantially in the form as [provided[. er of this Bond at the office of the Registrar as Interest and principal shall be paid to the designated below, together with an assignment registered holder of the Bond as shown on the duly executed by the owner hereof or his duly records of ownership maintained by the Regi-authorized attorney in the form as shall be strar as of the 15th day preceding such interest satisfactory to the Registrar. Issuer reserves the payment date. Interest shall be computed on the right to substitute the Registrar and Paying basis of a 360-day year of twelve 30-day Agent but shall, however, promptly give notice to months. registered bondholders of such change. All This Bond is issued pursuant to the provisions bonds shall be negotiable as provided in Article of Section 384.25 of the City Code of Iowa, for 8 of the Uniform Commercial Code and Section the purpose of paying costs of refunding and 384.31 of the Code of Iowa, subject to the refinancing of outstanding City indebtedness, provisions for registration and transfer contained consisting of the General Obligation Bonds, in the Bond Resolution. Series 2000B, dated June 1, 2000, and the This Bond is a "qualified tax-exempt obliga- General Obligation Bonds, Series 2000C, dated tion" designated by the City for purposes of November 1, 2000, in conformity to a Resolution Section 265(b)(3)(B) of the Internal Revenue of the Council of said City duly passed and Code of 1986. approved. And it is hereby represented and certified that Unless this certificate is presented by an all acts, conditions and things requisite, accord- authorized representative of The Depository ing to the laws and Constitution of the State of Trust Company, a limited purpose trust company Iowa, to exist, to be had, to be done, or to be ("DTC"), to the Issuer or its agent for registration performed precedent to the lawful issue of this of transfer, exchange or payment, and any Bond, have been existent, had, done and certificate issued is registered in the name of performed as required by law; that provision has Cede & Co. or such other name as requested by been made for the levy of a sufficient continuing an authorized representative of DTC (and any annual tax on all the taxable property within the payment is made to Cede & Co. or to such other territory of the Issuer for the payment of the entity as is requested by an authorized repre-principal and interest of this Bond as the same sentative of DTC), ANY TRANSFER, PLEDGE will respectively become due; that the faith, OR OTHER USE HEREOF FOR VALUE OR credit, revenues and resources and all the real OTHERWISE BY OR TO ANY PERSON IS and personal property of the Issuer are irrevoc- WRONGFUL inasmuch as the registered owner ably pledged for the prompt payment hereof, hereof, Cede & Co., has an interest herein. both principal and interest; and the total indeb- Bonds maturing after June 1, 2014 may be tedness of the Issuer including this Bond, does called for redemption by the Issuer and paid not exceed the constitutional or statutory limita- before maturity on said date or any date thereaf-tions. ter, from any funds regardless of source, in IN TESTIMONY WHEREOF, the Issuer by its whole or from time to time in part, in any order of Council, has caused this Bond to be signed by Regular Session, April 17, 2006 136 the manual signature of its Mayor and attested agents, financial advisors, attorneys and other by the manual signature of its City Clerk, with persons to assist the Issuer in such compliance. the seal of said City impressed hereon, and to Section 17. Amendment of Resolution to be authenticated by the manual signature of an Maintain Tax Exemption. This Resolution may authorized representative of the Registrar, Wells be amended without the consent of any owner of Fargo Bank, National Association, Des Moines, the Bonds if, in the opinion of bond counsel, Iowa. such amendment is necessary to maintain tax Section 14. Contract Between Issuer and exemption with respect to the Bonds under Purchaser. This Resolution constitutes a con-applicable Federal law or regulations. tract between said City and the purchaser of the Section 18. Qualified Tax-Exempt Obligations. Bonds. For the sole purpose of qualifying the Bonds as Section 15. Non-Arbitrage Covenants. The "Qualified Tax Exempt Obligations" pursuant to Issuer reasonably expects and covenants that the Internal Revenue Code of the United States, no use will be made of the proceeds from the the Issuer designates the Bonds as qualified tax- issuance and sale of the Bonds issued hereund-exempt obligations and represents that the er which will cause any of the Bonds to be reasonably anticipated amount of tax exempt classified as arbitrage bonds within the meaning governmental and Code Section 501(c)3 obliga- of Sections 148(a) and (b) of the Internal tions which will be issued during the current Revenue Code of the United States, as calendar year will not exceed Ten (10) Million amended, and that throughout the term of the Dollars. Bonds it will comply with the requirements of Section 19. Continuing Disclosure. The Issuer statutes and regulations issued thereunder. hereby covenants and agrees that it will comply To the best knowledge and belief of the Issuer, with and carry out all of the provisions of the there are no facts or circumstances that would Continuing Disclosure Certificate, and the materially change the foregoing statements or provisions of the Continuing Disclosure Certifi- the conclusion that it is not expected that the cate are hereby incorporated by reference as proceeds of the Bonds will be used in a manner part of this Resolution and made a part hereof. that would cause the Bonds to be arbitrage Notwithstanding any other provision of this bonds. Without limiting the generality of the Resolution, failure of the Issuer to comply with foregoing, the Issuer hereby agrees to comply the Continuing Disclosure Certificate shall not be with the provisions of the Tax Exemption Certifi-considered an event of default under this Reso- cate and the provisions of the Tax Exemption lution; however, any holder of the Bonds or Certificate are hereby incorporated by reference Beneficial Owner may take such actions as may as part of this Resolution. The Treasurer is be necessary and appropriate, including seeking hereby directed to make and insert all calcula-specific performance by court order, to cause tions and determinations necessary to complete the Issuer to comply with its obligations under the Tax Exemption Certificate in all respects and the Continuing Disclosure Certificate. For to execute and deliver the Tax Exemption purposes of this section, "Beneficial Owner" Certificate at issuance of the Bonds to certify as means any person which (a) has the power, to the reasonable expectations and covenants of directly or indirectly, to vote or consent with the Issuer at that date. respect to, or to dispose of ownership of, any Section 16. Additional Covenants, Representa-Bond (including persons holding Bonds through tions and Warranties of the Issuer. The Issuer nominees, depositories or other intermediaries), certifies and covenants with the purchasers and or (b) is treated as the owner of any Bonds for holders of the Bonds from time to time outstand-federal income tax purposes. ing that the Issuer through its officers, (a) will Section 20. Severability Clause. If any section, make such further specific covenants, represen-paragraph, clause or provision of this Resolution tations and assurances as may be necessary or be held invalid, such invalidity shall not affect advisable; (b) comply with all representations, any of the remaining provisions hereof, and this covenants and assurances contained in the Tax Resolution shall become effective immediately Exemption Certificate, which Tax Exemption upon its passage and approval. Certificate shall constitute a part of the contract Section 21. Repeal of Conflicting Resolutions between the Issuer and the owners of the or Ordinances. That all ordinances and resolu- Bonds; (c) consult with bond counsel (as defined tions and parts of ordinances and resolutions in in the Tax Exemption Certificate); (d) pay to the conflict herewith are hereby repealed. United States, as necessary, such sums of PASSED AND APPROVED this 17th day of money representing required rebates of excess April, 2006. arbitrage profits relating to the Bonds; (e) file Roy D. Buol, Mayor such forms, statements and supporting docu-Attest: Jeanne F. Schneider, City Clerk ments as may be required and in a timely Connors moved adoption of the Resolution. manner; and (f) if deemed necessary or advisa-Seconded by Lynch. Motion carried 7-0. ble by its officers, to employ and pay fiscal Regular Session, April 17, 2006 137 RESOLUTION NO. 144-06 NOTICE OF THE CALL OF BONDS FOR AUTHORIZING THE REDEMP-TION OF REDEMPTION CERTAIN OF THE OUT-STANDING GENER- TO THE HOLDERS OF THE FOLLOWING AL OBLIGATION BONDS, SERIES 2000B, DESCRIBED BONDS: DATED JUNE 1, 2000, AND GENERAL OBLI- Please take notice that the Bonds described GATION BONDS, SERIES 2000C, DATED below have been called for redemption. Owners NOVEMBER 1, 2000, OF THE CITY OF DU- of the Bonds should present their Bonds for BUQUE, IOWA, AND DIRECTING NOTICE OF payment on the Redemption Date. REDEMPTION Issuer: City of Dubuque, Iowa WHEREAS, the City did by Resolution dated Original Issue Amount: $2,750,000 June 5, 2000, authorize the issuance of Bond Issue: General Obligation Bonds, Series $2,750,000 General Obligation Bonds, Series 2000B 2000B, dated June 1, 2000 (the "Series 2000B Dated Date: June 1, 2000 Bonds"); and Redemption Date: June 1, 2009 WHEREAS, the City did by Resolution No. Redemption Price: Par, plus accrued interest 520-00 dated November 6, 2000, authorize the Bonds Called for Redemption issuance of $6,265,000 General Obligation Principal Interest Maturity CUSIP Amount Rate Date Numbers Bonds, Series 2000C, dated November 1, 2000 (the "Series 2000C Bonds"); and $130,000 5.800% June 1, 2010 263867 NP4 140,000 5.800 June 1, 2011 263867 NQ2 WHEREAS, the Series 2000B Bonds and the 145,000 5.800 June 1, 2012 263867 NR0 Series 2000C Bonds maturing after June 1, 155,000 5.800 June 1, 2013 263867 NS8 2009 are redeemable in any order of maturity 160,000 5.800 June 1, 2014 263867 NT6 upon giving notice in the manner provided in the 170,000 5.800 June 1, 2015 263867 NU3 resolutions authorizing the issuance of the 180,000 5.800 June 1, 2016 263867 NV1 Series 2000B Bonds and the Series 2000C 190,000 5.800 June 1, 2017 263867 NW9 Bonds; and 200,000 5.800 June 1, 2018 263867 NX7 WHEREAS, it is deemed necessary and 210,000 5.800 June 1, 2019 263867 NY5 225,000 5.875 June 1, 2020 263867 NZ2 advisable that certain of the Series 2000B No representation is made as to the accuracy Bonds and the Series 2000C Bonds be so of the CUSIP numbers printed redeemed and notice of redemption be given. herein or on the Bonds. NOW, THEREFORE, BE IT RESOLVED BY The above Bonds should be presented to THE CITY COUNCIL OF THE CITY OF DUBU- Wells Fargo Bank, N.A., 666 Walnut Street, Des QUE, IOWA: Moines, Iowa 50309, telephone (515/245-8504). Section 1. That the 2010 through 2020 prin- This represents a full call of the outstanding cipal maturities of the General Obligation Bonds, obligations. All interest will cease to accrue on Series 2000B, dated June 1, 2000, in the the Redemption Date. aggregate amount of $1,905,000, and the 2018 Wells Fargo Bank, National Association through 2020 principal maturities of the General (End of Notice) Obligation Bonds, Series 2000C, dated Novem- NOTICE OF THE CALL OF BONDS FOR ber 1, 2000, in the aggregate amount of REDEMPTION $1,440,000, be and the same are hereby re- TO THE HOLDERS OF THE FOLLOWING deemed as of June 1, 2009. DESCRIBED BONDS: Wells Fargo Bank, N.A., as Registrar and Please take notice that the Bonds described Paying Agent for the Refunded Bonds, is hereby below have been called for redemption. Owners authorized and directed to cause notices of such of the Bonds should present their Bonds for redemption to be given not less than thirty (30) payment on the Redemption Date. days prior to the redemption date. Issuer: City of Dubuque, Iowa Section 2. The Finance Director is hereby Original Issue Amount: $6,265,000 authorized and directed to cause to be depo- Bond Issue: General Obligation Bonds, Series sited with Wells Fargo Bank, N.A., as trustee 2000C under the Refunding Trust Agreement dated as Dated Date: November 1, 2000 of May 2, 2006, from the proceeds of the Gen- Redemption Date: June 1, 2009 eral Obligation Refunding Bonds, Series 2006C, Redemption Price: Par, plus accrued interest an amount sufficient to pay all principal and Bonds Called for Redemption interest on the redeemed Series 2000B Bonds Principal Interest Maturity CUSIP and the Series 2000C Bonds to the date of Amount Rate Date Numbers redemption. The form of Refunding Trust $455,000 5.125% June 1, 2018 263867 PS6 Agreement is hereby approved and the Mayor 475,000 5.125 June 1, 2019 263867 PT4 and City Clerk are authorized to execute and 510,000 5.250 June 1, 2020 263867 PU1 deliver the same for and on behalf of the City No representation is made as to the accuracy upon issuance of the Series 2006C Bonds. of the CUSIP numbers printed herein or on the Section 3. That the form of such notices be Bonds. substantially as follows: Regular Session, April 17, 2006 138 The above Bonds should be presented to Whereas, on May 17, 2004 by Resolution 207- Wells Fargo Bank, N.A., 666 Walnut Street, Des 2004, the City of Dubuque, Iowa (Recipient) Moines, Iowa 50309, telephone (515/245-8504). awarded the Gannon Center (Subrecipient) This represents a full call of the outstanding $12,277 in Community Development Block obligations. All interest will cease to accrue on Grant (CDBG) funds for the Transportation / the Redemption Date. Mental Health Skill Development program 2005 Wells Fargo Bank, National Association pursuant to the Community Partnership (cp2) (End of Notice) Grant Agreement (the Agreement); and PASSED AND APPROVED this 17th day of Whereas, the Subrecipient received an exten- April, 2006. sion on June 8, 2005 to extend the expenditure Roy D. Buol, Mayor of funds to June 30, 2006; and Attest: Jeanne F. Schneider, City Clerk Whereas, the Subrecipient has requested the Connors moved adoption of the Resolution. grant be transferred to Hillcrest Family Services Seconded by Lynch. Motion carried 7-0. due to the closing of the Gannon Center; and Whereas, the Community Development Senior Fitness Friends: Petition from the Advisory Commission has approved the request Senior Fitness Friends thanking the City for at their April 12, 2006 meeting; and supporting the LifeTime Center’s budget request Whereas, City Council has determined that the of $25,000, presented and read. Connors moved transfer of funds is in the best interests of the that the communication be received and filed. City of Dubuque. Seconded by Lynch. Motion carried 7-0. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- Iowa Department of Economic Development: QUE, AS FOLLOWS: Communication from the Iowa Department of Section 1. The Community Partnership (cp2) Economic Development advising that the City Grant Agreement between the City of Dubuque has been awarded a grant in an amount not to and the Gannon Center for the Transporta- exceed $350,000 for the HOME Investment tion/Mental Health Skill Development Program Partnership Program to assist in the conversion as per Resolution 207-2004 is hereby rescinded of a building owned by Step by Step into seven and remaining funds are transferred to Hillcrest units for physically disabled women, presented Family Services for the same program. and read. Connors moved that the communica- Section 2. That the City Manager be and he is tion be received and filed. Seconded by Lynch. hereby authorized to develop and execute a Motion carried 7-0. grant agreement with Hillcrest Family Services for the Transportation/Mental Health Skill Devel- Step by Step – Affordable Housing Program: opment Program in the amount of $6,755 in City Manager recommending approval of the accordance with the program guidelines estab- City sponsoring an application to the Federal lished for the Community Partnership Program Home Loan Bank for funds to assist in the and with the regulations of the Community development of a residential facility to be owned Development Block Grant Program. by Step by Step, presented and read. Connors Section 3. That upon execution of said agree- moved that the communication be received and ment, the City Manager is hereby authorized filed and approved recommendation. Seconded and directed to disburse program funds in by Lynch. Motion carried 7-0. support of said project in accordance with the terms and conditions established in said agree- Community Partnership (cp2) Program: ment. Communication from the Community Develop- Dated this 17th day of April, 2006. ment Advisory Commission recommending that Roy D. Buol, Mayor the Community Partnership (cp2) Program Grant Attest: Jeanne F. Schneider, City Clerk for the Gannon Center be transferred to Hillcrest Connors moved adoption of the Resolution. Family Services, presented and read. Connors Seconded by Lynch. Motion carried 7-0. moved that the communication be received and filed. Seconded by Lynch. Motion carried 7-0. Partnership with Project Concern: City Manag- er recommending approval to apply for funding RESOLUTION NO. 145-06 to assist homeless persons, in partnership with RESCINDING THE GANNON CENTER COM- Project Concern, under the US Housing and MUNITY PARTNERSHIP (cp2) GRANT FOR Urban Development Shelter Plus Care Program, THE TRANSPORTATION / MENTAL HEALTH presented and read. Connors moved that the SKILL DEVELOPMENT PROGRAM AND communication be received and filed and APPROVING THE TRANSFER OF FUNDS approved recommendation. Seconded by Lynch. FOR THE PROGRAM TO HILLCREST FAMILY Motion carried 7-0. SERVICES Regular Session, April 17, 2006 139 RESOLUTION NO. 147-05 Purchase of Property – 1570 Maple Street: APPROVING THE ACQUISITION OF REAL City Manager recommending approval of the ESTATE LOCATED AT 512 LINCOLN AVE- purchase of property at 1570 Maple Street as NUE IN THE CITY OF DUBUQUE part of the acquisition program associated with expansion of the Bee Branch Creek Restoration WHEREAS, the City of Dubuque intends to Project, presented and read. Connors moved acquire certain properties located in the area of that the communication be received and filed. the Bee Branch Creek Restoration Project for Seconded by Lynch. Motion carried 7-0. stormwater mitigation activities as recommend- ed in the 2001 HDR “Drainage Basin Master RESOLUTION NO. 146-06 Plan;” and APPROVING THE ACQUISITION OF REAL WHEREAS, a purchase agreement has been ESTATE LOCATED AT 1570 MAPLE STREET finalized with the owner of the fifth property IN THE CITY OF DUBUQUE scheduled for acquisition. WHEREAS, the City of Dubuque intends to NOW, THEREFORE, BE IT RESOLVED BY acquire certain properties located in the area of THE CITY COUNCIL OF THE CITY OF DUBU- the Bee Branch Creek Restoration Project for QUE, IOWA: stormwater mitigation activities as recommend- Section 1. That the City of Dubuque hereby ed in the 2001 HDR “Drainage Basin Master approves the acquisition of the following legally Plan;” and described property: WHEREAS, a purchase agreement has been Lot 3 of the Subdivision of Lot 4 of Kniest’s finalized with the owner of the fourth property Subdivision of part of Mineral Lot 314, in the City scheduled for acquisition. of Dubuque, Iowa according to the recorded Plat NOW, THEREFORE, BE IT RESOLVED BY thereof in Dubuque County, Iowa THE CITY COUNCIL OF THE CITY OF DUBU-At the cost of Forty-two thousand dollars ($42 QUE, IOWA: 000). Section 1. That the City of Dubuque hereby Section 2. That the City of Dubuque be and is approves the acquisition of the following legally hereby authorized to accept a Quit Claim deed described property: from the owner, conveying the owner’s interest The Southerly One-half of Lot 317 in East to the City of Dubuque, Iowa for the herein Dubuque No. 2 in the City of Dubuque, Iowa described real estate. according to the recorded Plat thereof in Dubu- Section 3. That the City Clerk be and she is que County, Iowa hereby authorized and directed to cause said At the cost of Sixty-four thousand dollars ($64 Quit Claim Deed to be recorded in the office of 000). the Dubuque County Recorder, together with Section 2. That the City of Dubuque be and is certified copy of the Resolution. hereby authorized to accept a Quit Claim deed Section 4. That the City Clerk be and she is from the owner, conveying the owner’s interest hereby directed to forward a copy of this Resolu- to the City of Dubuque, Iowa for the herein tion to the Dubuque County Assessor and the described real estate. Dubuque County Auditor. Section 3. That the City Clerk be and she is Passed, approved and adopted this 17th day hereby authorized and directed to cause said of April, 2006. Quit Claim Deed to be recorded in the office of Roy D. Buol, Mayor the Dubuque County Recorder, together with Attest: Jeanne F. Schneider, City Clerk certified copy of the Resolution. Connors moved adoption of the Resolution. Section 4. That the City Clerk be and she is Seconded by Lynch. Motion carried 7-0. hereby directed to forward a copy of this Resolu- tion to the Dubuque County Assessor and the Busted Lift Lease: City Manager recommend- Dubuque County Auditor. ing approval of an outdoor patio lease for the Passed, approved and adopted this 17th day Busted Lift to use the public right of way to serve of April, 2006. alcoholic beverages, presented and read. Roy D. Buol, Mayor Connors moved that the communication be Attest: Jeanne F. Schneider, City Clerk received and filed and approved recommenda- Connors moved adoption of the Resolution. tion. Seconded by Lynch. Motion carried 7-0. Seconded by Lynch. Motion carried 7-0. Police Department Towing Contract: City Purchase of Property – 512 Lincoln Avenue: Manager recommending approval of the is- City Manager recommending approval of the suance of a Request for Proposals for towing purchase of property at 512 Lincoln Avenue as services for Fiscal Years 2007 – 2009, pre- part of the acquisition program associated with sented and read. Connors moved that the expansion of the Bee Branch Creek Restoration communication be received and filed and Project, presented and read. Connors moved approved recommendation. Seconded by Lynch. that the communication be received and filed. Motion carried 7-0. Seconded by Lynch. Motion carried 7-0. Regular Session, April 17, 2006 140 Eagle Valley Subdivision Water Main Exten-communication be received and filed. Seconded sion Project: City Manager recommending by Lynch. Motion carried 7-0. acceptance of the Eagle Valley Subdivision RESOLUTION NO. 150-06 Water Main Extension and Service Line Lateral APPROVING THE SUBMITTAL OF AN AP- Project as completed by Fondell Excavating, Inc. PLICATION FOR DMATS TRANSPORTATION in the final contract amount of $74,897, pre- ENHANCEMENTS FUNDING FOR THE DU- sented and read. Connors moved that the BUQUE HERITAGE TRAIL EXTENSION: communication be received and filed. Seconded PHASE 2 OF THE IOWA 32 (NORTHWEST by Lynch. Motion carried 7-0. ARTERIAL) BIKE/HIKE TRAIL PROJECT. RESOLUTION 148-06 Whereas, the Dubuque Metropolitan Area ACCEPTING IMPROVEMENT Transportation Study (DMATS) has announced Whereas, the Contract for the Eagle Valley the availability of Transportation Enhancements Subdivision Water Main and Service Line Lateral Funding; and Improvement Project has been completed and Whereas, pedestrian and bicycle facilities are the City’s consultant Buesing and Associates of eligible activities for this funding; and Dubuque, Iowa and City staff recommend Whereas, design, engineering and construc- acceptance of the project; and tion costs are eligible for this funding; and NOW, THEREFORE, BE IT RESOLVED BY Whereas, the City has adopted a Comprehen- THE CITY COUNCIL OF THE CITY OF DUBU-sive Plan that identified a community-wide QUE, IOWA: bike/pedestrian network that includes extension Section 1. That the recommendation of the of the Dubuque Heritage Trail along Iowa 32 City Manager be approved and that said im-(Northwest Arterial). provement be accepted. NOW THEREFORE, BE IT RESOLVED BY Passed, approved and adopted this 17th day THE CITY COUNCIL OF THE CITY OF DUBU- of April, 2006. QUE, IOWA: Roy D. Buol, Mayor Section 1. The Mayor is authorized to sign and Attest: Jeanne F. Schneider, City Clerk submit this grant application to DMATS for Connors moved adoption of the Resolution. Transportation Enhancements funding for the Seconded by Lynch. Motion carried 7-0. Dubuque Heritage Trail Extension: Phase 2 of the Iowa 32 (Northwest Arterial) Bike/Hike Trail. RESOLUTION 149-06 Section 2. That the City Council authorizes the FINAL ESTIMATE City Manager to utilize budgeted Capital Im- Whereas, the Contract for the Eagle Valley provement Program funds to provide the match Subdivision Water Main and Service Line Lateral required by this program. Improvement Project has been completed and Section 3. That in the event said application is the City has submitted the final estimate show-approved, the City Council hereby provides its ing the cost thereof. written assurance that the completed project will NOW, THEREFORE, BE IT RESOLVED BY be adequately maintained for its intended public THE CITY COUNCIL OF THE CITY OF DUBU-use for a minimum of twenty-five (25) years QUE, IOWA: following the project. Section 1. That the cost of said improvement is Section 4. That the City of Dubuque agrees to hereby determined to be $74,897; and abide by all local, state and federal requirements Section 2. That the final payment $3,744.82 be applicable to the proposed budget. paid to Fondell Excavating, Inc. in accordance Passed, approved and adopted this 17th day with State Statutes from funds in the Water of April, 2006. Department’s Fiscal Year 2004 CIP budget. Roy D. Buol, Mayor Passed, approved and adopted this 17th day Attest: Jeanne F. Schneider, City Clerk of April, . Connors moved adoption of the Resolution. Roy D. Buol, Mayor Seconded by Lynch. Motion carried 7-0. Attest: Jeanne F. Schneider, City Clerk Connors moved adoption of the Resolution. Bonson Road Reconstruction Project: City Seconded by Lynch. Motion carried 7-0. Manager recommending approval of the award of the contract for the Bonson Road Reconstruc- DMATS Transportation Enhancement Grant: tion Project to the low bidder, Horsfield Con- City Manager recommending approval of a struction, Inc., in the amount of $507,813.55, $249,288 application to the Iowa Department of presented and read. Connors moved that the Transportation for a Dubuque Metropolitan Area communication be received and filed. Seconded Transportation Study (DMATS) Transportation by Lynch. Motion carried 7-0. Enhancements Grant for Phase 2 of the Iowa 32 (Northwest Arterial) Bike/Hike Trail Project, presented and read. Connors moved that the Regular Session, April 17, 2006 141 RESOLUTION NO. 151-06 Connors moved adoption of the Resolution. AWARDING CONSTRUCTION CONTRACT Seconded by Lynch. Motion carried 7-0. FOR THE BONSON ROAD RECONSTRUC- TION PROJECT Bunker Hill Golf Course – Gambling License: Whereas, sealed proposals have been submit-City Manager recommending approval of the ted by contractors for the Bonson Road Recon-application of Bunker Hill Golf Course for a struction Project pursuant to Resolution No. 86-gambling license to conduct two raffles to raise 06 and notice to bidders published in a newspa-money for the golf course, presented and read. per published in the City of Dubuque, Iowa on Connors moved that the communication be the 10th day of March, 2006; and received and filed and approved recommenda- Whereas, said sealed proposals were opened tion. Seconded by Lynch. Motion carried 7-0. and read on the 11th day of April, 2006, and it has been determined that the bid of Horsfield Ice Harbor Marina Grant: City Manager re- Construction, Inc. of Epworth, Iowa, in the commending approval of a 28E Intergovernmen- amount of $507,813.55 was the lowest bid for tal Agreement between the Iowa Department of the furnishings of all labor and materials and Natural Resources and the City of Dubuque for performing the work as provided for in the plans the $100,000 Boating Infrastructure Grant for the and specifications. Ice Harbor Marina Project, presented and read. NOW THEREFORE, BE IT RESOLVED BY Connors moved that the communication be THE CITY COUNCIL OF THE CITY OF DUBU-received and filed. Seconded by Lynch. Motion QUE, IOWA: carried 7-0. That the contract for the above improvement RESOLUTION NO. 153-06 be awarded to Horsfield Construction, Inc. and AUTHORIZING AN INTER-GOVERNMENTAL the Manager be and is hereby directed to AGREEMENT WITH THE IOWA DEPART- execute a contract on behalf of the City of MENT OF NATURAL RE-SOURCES FOR A Dubuque for the complete performance of the BOATING INFRA-STRUCTURE GRANT FOR work. TRANSIENT BOAT DOCKS AT THE PORT OF BE IT FURTHER RESOLVED: DUBUQUE That upon the signing of said contract and the approval of the contractor’s bond, the City Whereas, the Iowa Department of Natural Treasurer is authorized and instructed to return Resources administers a Boating Infrastructure the bid deposits of the unsuccessful bidders. Grant Program for transient boat docks; and Passed, approved and adopted this 17th day Whereas, the construction of transient boat of April, 2006. docks is an eligible project for the Boating Roy D. Buol, Mayor Infrastructure Grant Program; and Attest: Jeanne F. Schneider, CMC, City Clerk Whereas, the City of Dubuque has determined Connors moved adoption of the Resolution. that the construction of transient boat docks in Seconded by Lynch. Motion carried 7-0. the Ice Harbor at the Port of Dubuque is consis- tent with the Port of Dubuque Master Plan, a RESOLUTION NO. 152-06 component of the 2002 Dubuque Comprehen- APPROVING CONSTRUCTION CONTRACT sive Plan; and WITH HORSFIELD CONSTRUCTION, INC Whereas, the construction of transient boat FOR THE BONSON ROAD RECONSTRUC- docks at the Port of Dubuque is included as a TION PROJECT component of the Vision Iowa grant for the Whereas, the City Council by Resolution No. America’s River project. 151-06 awarded the construction contract for the NOW THEREFORE, BE IT RESOLVED BY Bonson Road Reconstruction Project to Hors-THE CITY COUNCIL OF THE CITY OF DUBU- field Construction, Inc.; and QUE, IOWA: Whereas, Horsfield Construction, Inc. has Section 1. That the Intergovernmental Agree- submitted the attached executed contract and ment with the Iowa Department of Natural bond. Resources for a Boating Infrastructure Grant to NOW THEREFORE, BE IT RESOLVED BY fund construction of transient boat docks at the THE CITY COUNCIL OF THE CITY OF DUBU-Port of Dubuque is hereby approved. QUE, IOWA: Section 2. That the Mayor hereby is authorized The contract and bond attached hereto are to sign and submit the Intergovernmental hereby approved. Agreement for this project. The City Manager is hereby authorized and Passed, approved and adopted this 17th day directed to execute the contract on behalf of the of April 2006. City of Dubuque. Roy D. Buol, Mayor Passed, approved and adopted this 17th day Attest: Jeanne F. Schneider, City Clerk of April, 2006. Connors moved adoption of the Resolution. Roy D. Buol, Mayor Seconded by Lynch. Motion carried 7-0. Attest: Jeanne F. Schneider, CMC, City Clerk Regular Session, April 17, 2006 142 Lease Amendment for “Dubuque by Carriage” Business Licenses: City Manager recommending approval of the RESOLUTION NO. 154-06 Fifth Amendment to the lease agreement with Carole Lindstrom of “Dubuque by Carriage,” Whereas, applications for Beer Permits have presented and read. Connors moved that the been submitted and filed to this Council for communication be received and filed and approval and the same have been examined approved recommendation. Seconded by Lynch. and approved: and Motion carried 7-0. Whereas, the premises to be occupied by such applicants were inspected and found to Dubuque Golf and Country Club: Communica-comply with the Ordinances of the City and have tion from Richard Bugalski, General Manager of filed proper bonds. the Dubuque Golf and Country Club, requesting NOW, THEREFORE, BE IT RESOLVED BY permission to display fireworks on July 4, 2006 THE CITY COUNCIL OF THE CITY OF DUBU- at approximately 9:30 p.m., presented and read. QUE, IOWA: Connors moved that the communication be That the Manager be authorized to cause to be received and filed and approved request. issued the following named applicants a Beer Seconded by Lynch. Motion carried 7-0. Permit. CLASS “B” BEER (14 – DAY SPECIAL EVENT) U.S. Department of Housing and Urban Rotary Club of Dubuque, Grand Opera Development: Communication from the U.S. House+ Department of Housing and Urban Development (Sunday Sale), 135 W. 8th St regarding the City’s Community Development CLASS “C” BEER PERMIT Block Grant Program, presented and read. Oriental Food & Gift, Lien Oriental America Connors moved that the communication be Food,+(Sunday Sale), 115 W. 11th St. received and filed and referred to the City Mulgrew Oil Company, 16th St Auto / Truck Manager. Seconded by Lynch. Motion carried 7-Plaza,+(Sunday Sale), 1215 E. 16th St. 0. Kwik Trip Inc., Tobacco Outlet #504,+(Sunday Sale), 806 Wacker Dr. Dubuque Yacht Basin Sublease Agreement: Rainbo Oil Company, Kwik Stop C- City Manager recommending approval of a Stores,+(Sunday Sale), 2335 University Ave. sublease agreement between the Dubuque Sahajanand Enterprises, Paro Foods Mart, Yacht Basin and Dubuque’s American Lady, +(Sunday Sale), 3200 Central Ave. L.L.C. for office space and dock space for Passed, approved and adopted this 17th day Dubuque’s American Lady, L.L.C. to operate of April, 2006. dinner cruises on the Mississippi River, pre-Roy D. Buol, Mayor sented and read. Connors moved that the Attest: Jeanne F. Schneider, CMC, City Clerk communication be received and filed and Connors moved adoption of the Resolution. approved recommendation. Seconded by Lynch. Seconded by Lynch. Motion carried 7-0. Motion carried 7-0. RESOLUTION NO. 155-06 Legislative Correspondence: Whereas, applications for Liquor Licenses Communications to local legislators encourag-have been submitted to this Council for approval ing their opposition to HF 2321 regarding the and the same have been examined and ap- use of eminent domain by a municipality, pre-proved; and sented and read. Connors moved that the Whereas, the premises to be occupied by such communications be received and filed. applicants were inspected and found to comply Seconded by Lynch. Motion carried 7-0. with the State Laws and all City Ordinances Communication to local legislators encourag-relevant thereto and they have filed proper ing their opposition to HF 2794, a Department of bonds. Revenue bill that includes language regarding NOW, THEREFORE, BE IT RESOLVED BY annexation, presented and read. Connors THE CITY COUNCIL OF THE CITY OF DUBU- moved that the communications be received and QUE, IOWA: filed. Seconded by Lynch. Motion carried 7-0. That the Manager be authorized to cause to be issued the following named applicants a Liquor Business License Refund: Request of Asbury License. Amoco Foodshop for a refund for their cigarette CLASS “C” LIQUOR LICENSE license in the amount of $25.00, presented and (5-DAY SPECIAL EVENT) read. Connors moved that the communication Carlos O’Kelly’s Inc., Carlos O’Kelly’s, (Chili be received and filed and approved refund. Cookoff), Port of Dubuque Seconded by Lynch. Motion carried 7-0. CLASS “A” (CLUB) LIQUOR LICENSE Regular Session, April 17, 2006 143 Dubuque Moose Lodge # 355 Dubuque public hearing, according to law, together with Lodge # 355,+(Sunday Sale), 2635 Windsor the required budget information. Ave. Passed, approved and adopted this 17th day CLASS “C” BEER/LIQUOR LICENSE of April 2006. Club Sublime LLC, Sublime, +(Sunday Sale), Roy D. Buol, Mayor 3203 Jackson St Attest: Jeanne F. Schneider, City Clerk Da Vinci’s Management LLC., Da Vinci’s Cline moved adoption of the Resolution. Rest. / Lounge, +(Sunday Sale), 395 W. 9th St. Seconded by Braig. Motion carried 7-0. Chad Streff, Whiskey River, +(Sunday Sale), BOARDS/COMMISSIONS 1064 University Ave. Donna Ginter, West Dubuque Tap, +(Sunday Sale), 1701 Asbury Rd. Applicants are invited to address the Council Heim Enterprise, Hudson’s Classic Grill, regarding their desire to serve on the following +(Sunday Sale), 2345 NW Arterial Boards/Commissions: Aramark Educational Serv, Loras College, Housing Code Appeals Board (One unexpired +(Sunday Sale), 1450 Alta Vista three-year term through 1/11/08) Applicant: Lot One, LLC, Lot One LLC, +(Sunday Sale), David Young 100 Main St. Long Range Planning Advisory Commission Carlos O’Kelly’s Inc., Carlos O’Kelly’s ,(1 (One unexpired three-year term through 7/1/08) Day Outdoor Sale), 355 Associates Dr. Applicant: Otto Krueger Mr. Krueger spoke Cindy McKenna, The Penalty Box, 1700 requesting consideration for appointment. Central Ave. TV Cable Regulatory Commission (One CLASS “B” WINE unexpired three-year term through 6/30/07) Hill Street Plaza, Oky Doky # 8, 535 Hill St. Applicant: Kevin R. Stevens. Mr. Stevens spoke Passed, approved and adopted this 17th day requesting consideration for appointment. of April, 2006. PUBLIC HEARINGS Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Connors moved adoption of the Resolution. Michalski moved that the rules be suspended Seconded by Lynch. Motion carried 7-0. to allow anyone present to address the Council. Seconded by Connors. Motion carried 7-0. ITEM TO BE SET FOR PUBLIC HEARING Request to Rezone – 3219 Asbury Road: Fiscal Year 2006 Budget Amendment: City Proof of publication on notice of hearing to Manager recommending that a public hearing be consider rezoning property located at 3219 set for May 1, 2006 to consider the second Asbury Road from R-2c Two-Family Residential amendment to the Fiscal Year 2006 budget, District, with conditions, to OS Office Services presented and read. Cline moved that the District to permit a chiropractic office as re- communication be received and filed. Seconded quested by InJun Chong and Zoning Advisory by Braig. Motion carried 7-0. Commission recommending denial, presented and read. RESOLUTION NO. 156-06 An Ordinance Amending Appendix A (the SETTING THE DATE FOR THE PUBLIC Zoning Ordinance) of the City of Dubuque Code HEARING ON AMENDMENT NO. 2 TO THE of Ordinances by reclassifying hereinafter FISCAL YEAR 2006 BUDGET FOR THE CITY property located at 3219 Asbury Road from R-2c OF DUBUQUE Two-Family Residential District, with conditions, Whereas, Iowa Code Section 384.16 provides to OS Office Service District, presented and that the City Council shall set a time and place read. for a public hearing on amendments to the Michalski moved to receive and file the proof budget and publish notice before the hearing as and communication and concur with the denial. provided in Iowa Code Section 362.3. Seconded by Braig. Motion failed due to the NOW THEREFORE, BE IT RESOLVED BY following vote: Yeas—Jones, Michalski. Nays— THE CITY COUNCIL OF THE CITY OF DUBU-Braig, Buol, Cline, Connors, Lynch. QUE, IOWA: Cline then moved to receive and file the proof Section 1. That the City Council shall conduct and communications and consider this the first a public hearing on proposed Amendment No. 2 reading of the Ordinance. Seconded by Con- to the Fiscal Year 2006 budget for the City of nors. Carried by the following vote: Yeas—Braig, Dubuque at the Carnegie Stout Public Library Buol, Cline, Connors, Jones, Lynch. Nays— Auditorium, 360 West 11th Street, Dubuque, Michalski. Iowa, on Monday, May 15, 2006, beginning at 6:30 p.m. 2006 Asphalt Paving Project: Proof of publica- Section 2. That the City Clerk be and is hereby tion on notice of hearing to consider adoption of authorized and directed to publish notice of the the plans and specifications for the 2006 Asphalt Regular Session, April 17, 2006 144 Paving Project and City Manager recommending That upon the signing of said contract and the award of the contract to River City Paving, a approval of the contractor’s bond, the City Division of Mathy Construction Company, in the Treasurer is authorized and instructed to return amount of $1,010,696.46, presented and read. the bid deposits of the unsuccessful bidders. Cline moved that the proof and communication Passed, approved and adopted this 17th day be received and filed. Seconded by Braig. of April, 2006. Motion carried 7-0. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 157-06 Cline moved adoption of the Resolution. ADOPTING PLANS AND SPECIFICATIONS Seconded by Braig. Motion carried 7-0. Whereas, on the 15th day of March, 2006, RESOLUTION NO. 159-06 plans, specifications, form of contract and APPROVING CONSTRUCTION CONTRACT estimated cost were filed with the City Clerk of WITH RIVER CITY PAVING FOR THE 2006 Dubuque, Iowa for the 2006 Asphalt Paving ASPHALT PAVING PROJECT Project. Whereas, notice of hearing on plans, specifica- Whereas, the City Council by Resolution No. tions, form of contract, and estimated cost was 158-06 awarded the construction contract for the published as required by law. 2006 Asphalt Paving Project to River City NOW THEREFORE, BE IT RESOLVED BY Paving, a Division of Mathy Construction Com- THE CITY COUNCIL OF THE CITY OF DUBU-pany; and QUE, IOWA: Whereas, River City Paving, a Division of That the said plans, specifications, form of Mathy Construction Company, has submitted contract and estimated cost are hereby ap-the attached executed contract and bond. proved as the plans, specifications, form of NOW THEREFORE, BE IT RESOLVED BY contract and estimated cost for said improve-THE CITY COUNCIL OF THE CITY OF DUBU- ments for said project. QUE, IOWA: Passed, adopted and approved this 17th day 1. The contract and bond attached hereto are of April, 2006. hereby approved. Roy D. Buol, Mayor 2. The City Manager is hereby authorized and Attest: Jeanne F. Schneider, CMC, City Clerk directed to execute the contract on behalf of the Cline moved adoption of the Resolution. City of Dubuque. Seconded by Braig. Motion carried 7-0. Passed, approved and adopted this 17th day of April, 2006. RESOLUTION NO. 158-06 Roy D. Buol, Mayor AWARDING CONSTRUCTION CONTRACT Attest: Jeanne F. Schneider, CMC, City Clerk FOR THE 2006 ASPHALT PAVING PROJECT Cline moved adoption of the Resolution. Whereas, sealed proposals have been submit-Seconded by Braig. Motion carried 7-0. ted by contractors for the 2006 Asphalt Paving Project pursuant to Resolution No. 101-06 and Port of Dubuque Parking Lot No. 1: Proof of notice to bidders published in a newspaper publication on notice of hearing to consider published in the City of Dubuque, Iowa on the adoption of the plans and specifications for the 24th day of March, 2006. Port of Dubuque Parking Lot No. 1 Project and Whereas, said sealed proposals were opened City Manager recommending award of the and read on the 11th day of April, 2006, and it contract to Portzen Construction, Inc., in the has been determined that the bid of River City amount of $449,989, presented and read. Paving, a Division of Mathy Construction Com-Michalski moved that the proof and communica- pany, of Dubuque, Iowa, in the amount of tion be received and filed. Seconded by Cline. $1,010,696.46 was the lowest bid for the furnish-Motion carried 7-0. ings of all labor and materials and performing RESOLUTION NO. 160-06 the work as provided for in the plans and speci- ADOPTING PLANS AND SPECIFICATIONS fications. NOW THEREFORE, BE IT RESOLVED BY Whereas, on the 20th day of March, 2006, THE CITY COUNCIL OF THE CITY OF DUBU-plans, specifications, form of contract and QUE, IOWA: estimated cost were filed with the City Clerk of That the contract for the above improvement Dubuque, Iowa for the Port of Dubuque – be awarded to River City Paving, a Division of Parking Lot 1 Reconstruction and Landscaping Mathy Construction Company, and the Manager Project. be and is hereby directed to execute a contract Whereas, notice of hearing on plans, specifica- on behalf of the City of Dubuque for the com-tions, form of contract, and estimated cost was plete performance of the work. published as required by law. BE IT FURTHER RESOLVED: Regular Session, April 17, 2006 145 NOW THEREFORE, BE IT RESOLVED BY Whereas, the City Council by Resolution No. THE CITY COUNCIL OF THE CITY OF DUBU-161-06 awarded the construction contract for the QUE, IOWA: Port of Dubuque – Parking Lot 1 Reconstruction That the said plans, specifications, form of and Landscaping Project to Portzen Construc- contract and estimated cost are hereby ap-tion, Inc.; and proved as the plans, specifications, form of Whereas, Portzen Construction, Inc. has contract and estimated cost for said improve-submitted the attached executed contract and ments for said project. bond. Passed, adopted and approved this 17th day NOW THEREFORE, BE IT RESOLVED BY of April, 2006. THE CITY COUNCIL OF THE CITY OF DUBU- Roy D. Buol, Mayor QUE, IOWA: Attest: Jeanne F. Schneider, CMC, City Clerk 1. The contract and bond attached hereto are Michalski moved adoption of the Resolution. hereby approved. Seconded by Cline. Motion carried 7-0. 2. The City Manager is hereby authorized and directed to execute the contract on behalf of the RESOLUTION NO. 161-06 City of Dubuque. AWARDING CONSTRUCTION CONTRACT Passed, approved and adopted this 17th day FOR THE PORT OF DUBUQUE – PARKING of April, 2006. LOT 1 RECONSTRUCTION AND LANDSCAP- Roy D. Buol, Mayor ING PROJECT Attest: Jeanne F. Schneider, CMC, City Clerk Whereas, sealed proposals have been submit- Michalski moved adoption of the Resolution. ted by contractors for the Port of Dubuque – Seconded by Cline. Motion carried 7-0. Parking Lot 1 Reconstruction and Landscaping Project pursuant to Resolution No. 104-06 and Connors moved to reinstate the rules limiting notice to bidders published in a newspaper discussion to the Council. Seconded by Braig. published in the City of Dubuque, Iowa on the Motion carried 7-0. 24th day of March, 2006. ACTION ITEMS Whereas, said sealed proposals were opened and read on the 6th day of April, 2006, and it has been determined that the bid of Portzen Roger Kunde/North End Wrecking – Request Construction, Inc. of Dubuque, Iowa, in the to Rezone (First Reading on March 20, 2006; amount of $449,989.00 was the lowest bid for Second Reading April 3, 2006): the furnishings of all labor and materials and An Ordinance Amending Appendix A (the performing the work as provided for in the plans Zoning Ordinance) of the City of Dubuque Code and specifications. of Ordinances by reclassifying property located NOW THEREFORE, BE IT RESOLVED BY at 55 West 32nd Street from AG Agricultural THE CITY COUNCIL OF THE CITY OF DUBU-District to HI Heavy Industrial District, said QUE, IOWA: Ordinance having been presented and read on That the contract for the above improvement 3/20/06 and 4/3/06, now presented for final be awarded to Portzen Construction, Inc. and action. the Manager be and is hereby directed to OFFICIAL PUBLICATION execute a contract on behalf of the City of ORDINANCE NO. 28-06 Dubuque for the complete performance of the AMENDING APPENDIX A (THE ZONING work. ORDINANCE) OF THE CITY OF DUBUQUE BE IT FURTHER RESOLVED: CODE OF ORDINANCES BY RECLASSIFY- That upon the signing of said contract and the ING HEREINAFTER DESCRIBED PROPERTY approval of the contractor’s bond, the City LOCATED AT 55 W. 32ND STREET FROM AG Treasurer is authorized and instructed to return AGRICULTURAL DISTRICT TO HI HEAVY the bid deposits of the unsuccessful bidders. INDUSTRIAL DISTRICT, WITH CONDITIONS. Passed, approved and adopted this 17th day of April, 2006. NOW, THEREFORE, BE IT ORDAINED BY Roy D. Buol, Mayor THE CITY COUNCIL OF THE CITY OF DUBU- Attest: Jeanne F. Schneider, CMC, City Clerk QUE, IOWA: Michalski moved adoption of the Resolution. Section 1. That Appendix A (The Zoning Seconded by Cline. Motion carried 7-0. Ordinance) of the City of Dubuque Code of Ordinances is hereby amended, subject to the RESOLUTION NO. 162-06 conditions(s) in the attached Memorandum of APPROVING CONSTRUCTION CONTRACT Agreement, by reclassifying the hereinafter WITH PORTZEN CONSTRUCTION, INC. FOR described property as shown in Exhibit A, all in THE PORT OF DUBUQUE – PARKING LOT 1 the City of Dubuque, Iowa from AG Agricultural RECONSTRUCTION AND LANDSCAPING District to HI Heavy Industrial District. PROJECT Regular Session, April 17, 2006 146 Section 2. The foregoing amendment has D) Recording. A copy of this Agreement shall heretofore been reviewed by the Zoning Advi-be recorded with the Dubuque County Recorder sory Commission of the City of Dubuque, Iowa. as a permanent record of the conditions ac- Section 3. This Ordinance shall take effect cepted as part of this rezoning approval within immediately upon publication, as provided by thirty (30) days of the adoption of Ordinance No. law. 28-06. Passed, approved and adopted this 17th day E) Construction. This Agreement shall be of April, 2006. construed and interpreted as though it were part /s/ Roy D. Buol, Mayor of Appendix A of the Code of Ordinances of the Attest: /s/ Jeanne F. Schneider, City Clerk City of Dubuque, also known as the Zoning Ordinance of the City of Dubuque, Iowa. MEMORANDUM OF AGREEMENT F) This Agreement shall be binding upon the Pursuant to the Iowa Code Section 414.5 undersigned and his/her heirs, successor and (2005), and as an express condition of rezoning assignees. of the property shown in Exhibit A, which is the ACCEPTANCE OF ORDINANCE NO. 28-06 subject of Ordinance No. 28-06, a copy of which I, Roger Kunde, representing North End is attached hereto and incorporated herein by Wrecking, Inc., property owner, having read the reference, the undersigned property owners terms and conditions of the foregoing Ordinance agree to the following conditions, all of which the No. 28-06 and being familiar with the conditions property owner further agrees are reasonable thereof, hereby and are imposed to satisfy public needs which accept this same and agree to the conditions are caused directly by the rezoning: required therein. A) Conditions: The following conditions shall Dated in Dubuque, Iowa this 27th day of apply to the subject property: March, 2006. 1) Screening be installed along the north By: /s/ Roger Kunde, President zoning district boundary line as per submitted Published officially in the Telegraph Herald cross section. newspaper this 21st day of April, 2006. 2) Hours of operation be limited to 8:00 a.m. /s/ Jeanne F. Schneider, City Clerk to 5:30 p.m. Monday through Friday, and 8:00 1t 4/21 a.m. to 12:30 p.m. on Saturday. Cline moved final consideration and passage 3) The bailer and crusher not be placed on of the Ordinance. Seconded by Jones. Carried the rezoned property. by the following vote: Yeas—Braig, Cline, 4) No building will be located on the rezoned Connors, Jones, Lynch. Nays—Buol, Michalski. property. 5) No salvage vehicles will be stacked on the Kunkel, Bounds & Associates, Inc. – Applica- rezoned property. tion for Financial Assistance: City Manager 6) No salvage vehicles will be placed on the recommending approval of the submission of an rezoned property where they will not be shielded application for financial assistance to the Iowa visually from off-site by permanent screening on Department of Economic Development on behalf the north boundary line. of Kunkel, Bounds & Associates, Inc. to assist 7) The screening fence along northwest their relocation project to the Dubuque Technol- portion of the north district boundary line will be ogy Park, presented and read. Cline moved that completed by January 1, 2007, as per submitted the communication be received and filed. planting plan. Seconded by Connors. Motion carried 7-0. 8) The screening fence along the northeast RESOLUTION NO. 163-06 portion of the north district boundary line will be AUTHORIZING THE FILING OF AN IOWA completed by January 1, 2008, as per submitted DEPARTMENT OF ECONOMIC DEVELOP- planting plan. MENT APPLICATION FOR FINANCIAL AS- B) Reclassification of the Subject Property. The SISTANCE ON BEHALF OF KUNKEL, City of Dubuque, Iowa may initiate zoning BOUNDS & ASSOCIATES, INC. reclassification proceedings to the AG Agricul- tural District (which rezoning will include the Whereas, Kunkel, Bounds & Associates, Inc. removal of the performance standards in Section has proposed the relocation of its operations to A above) if the property owner fails to complete the Dubuque Technology Park in Dubuque, any of the conditions or provisions of this Iowa; and Agreement. Whereas, the City Council of Dubuque, Iowa C) Modifications. Any modifications of this has considered said proposal and has deter- Agreement shall be considered a zoning reclas-mined that the proposed project will contribute to sification and shall be subject to the provisions the local economy through the creation of 24 of the Zoning Ordinance governing zoning new full-time jobs for area residents; and reclassifications. All such modifications must be Whereas, the Iowa Department of Economic approved by the City Council of Dubuque, Iowa. Development's financial assistance programs Regular Session, April 17, 2006 147 are designed to assist in the economic devel- Whereas, there has been filed with the City opment efforts of local jurisdictions; and Clerk a final plat of Lots 1 thru 7 of Eagle Valley Whereas, the City of Dubuque, Iowa is eligible Subdivision No. 2; in the City of Dubuque, Iowa; to apply for funding from the state's financial and assistance programs. Whereas, said final plat has been examined by NOW, THEREFORE, BE IT RESOLVED BY the Zoning Advisory Commission and had its THE CITY COUNCIL OF THE CITY OF DUBU-approval endorsed thereon; and QUE, IOWA: Whereas, said final plat has been reviewed by Section 1. That the filing of an Iowa Depart-the City Planner and had her approval endorsed ment of Economic Development Application for thereon; and Financial Assistance on behalf of Kunkel, Whereas, said final plat has been examined by Bounds & Associates, Inc. is hereby approved. the City Council and they find that it conforms to Section 2. That the local match identified in the the statutes and ordinances relating to it. application consisting of a land discount and a NOW, THEREFORE, BE IT RESOLVED BY 10-year TIF rebate to the company is hereby THE CITY COUNCIL OF THE CITY OF DUBU- approved, subject to the Iowa Department of QUE, IOWA: Economic Development's approval of the Section 1. That the final plat of Lots 1 thru 7 of application. Eagle Valley Subdivision No. 2 is hereby ap- Section 3. That the Mayor is hereby authorized proved and that the Mayor and City Clerk are to execute and the City Manager is hereby hereby authorized and directed to endorse the directed to submit said application to the Iowa approval of the City of Dubuque, Iowa, upon Department of Economic Development together said final plat. with such documents as may be required. Passed, approved and adopted this 17th day Passed, approved, and adopted this 17th day of April 2006. of April 2006. Roy D. Buol, Mayor Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Attest: Jeanne Schneider, City Clerk Michalski moved adoption of the Resolution. Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Seconded by Connors. Motion carried 7-0. Key City Properties – Plat #3 – Final Plat: Proposed Hunting Ordinance: Communication Zoning Advisory Commission recommending from Thomas Henschel, 995 June Drive, re-approval of the final plat of Key City Properties – questing reconsideration of the proposed Plat #3 as requested by Key City Properties, hunting ordinance for certain property owners LLC., presented and read. Connors moved that within the City limits, presented and read. Jones the communication be received and filed. moved that the communication be received and Seconded by Braig. Motion carried 7-0. filed. Seconded by Lynch. Carried by the follow- RESOLUTION NO. 165-06 ing vote: Yeas—Braig, Buol, Connors, Jones, APPROVING THE FINAL PLAT OF KEY CITY Lynch, Michalski. Nays—Cline. PROPERTIES PLAT NO. 3 IN DUBUQUE Jones moved to reconsider the third reading of COUNTY, IOWA. the Ordinance. Seconded by Lynch. Carried by the following vote: Yeas—Braig, Buol, Connors, Whereas, there has been filed with the City Jones, Lynch, Michalski. Nays—Cline. Jones Clerk a final plat of Key City Properties Plat No. moved to refer this matter to City Manager and 3; and directed that the ordinance be revised to include Whereas, the preliminary plat has been the issuance of permits on a case-by-case basis examined by the Zoning Advisory Commission and that the City Manager be authorized to and has its approval endorsed thereon; and approve the permits. Seconded by Braig. Car- Whereas, said final plat has been reviewed by ried by the following vote: Yeas—Braig, Buol, the Zoning Advisory Commission and had their Connors, Jones, Lynch, Michalski. Nays—Cline. approval endorsed thereon; and Whereas, said final plat has been examined by Eagle Valley Subdivision No. 2: Zoning Advi-the City Council and they find that it conforms to sory Commission recommending approval of the the statutes and ordinances relating hereto. final plat of Eagle Valley Subdivision No. 2 as NOW THEREFORE, BE IT RESOLVED BY requested by Buesing & Associates/Fondell THE CITY COUNCIL OF THE CITY OF DUBU- Excavating, Inc., presented and read. Michalski QUE, IOWA: moved that the communication be received and Section 1. That the City Council hereby waives filed. Seconded by Connors. Motion carried 7-0. Article IV, Design and Improvement Standards of the Subdivision Regulations except Section RESOLUTION NO. 164-06 42-19, Lots and Blocks. APPROVING THE FINAL PLAT OF LOTS 1 Section 2. That the Final Plat of Key City THRU 7 OF EAGLE VALLEY SUBDIVISION Properties Plat No. 3 is hereby approved and NO. 2 IN THE CITY OF DUBUQUE, IOWA the Mayor and City Clerk are hereby authorized Regular Session, April 17, 2006 148 and directed to endorse the approval of the City abutting the public right-of-way, including lots of Dubuque, Iowa upon said subdivision plat. with multiple frontages, as required by City Code Passed, approved and adopted this 17th day 41-161 through 41-164. The responsibility shall of April 2006. extend to all successors, heirs and assignees. Roy D. Buol, Mayor Sidewalk installation will not be required until the Attest: Jeanne F. Schneider, City Clerk development of the lot has been completed Connors moved adoption of the Resolution. except as required herein. Sidewalks shall be Seconded by Braig. Motion carried 7-0. five (5) feet in width and installed one (1) foot from the property line. All vacant lots shall have Dubuque Industrial Center West 5th Addition – sidewalks installed upon development of eighty Final Plat: Zoning Advisory Commission recom-percent (80%) of the developable lots approved mending approval of the final plat of Dubuque by the Final Plat. Industrial Center West 5th Addition as requested Section 5. That the final acceptance of all by the City of Dubuque, presented and read. public improvements shall occur upon certifica- Jones moved that the communication be re-tion of the City Engineer that all public improve- ceived and filed. Seconded by Connors. Motion ments have been completed in accordance with carried 7-0. the improvement plans and City standard specifications. RESOLUTION NO. 166-06 Passed, approved and adopted this 17th day APPROVING THE FINAL PLAT OF DUBUQUE of April, 2006. INDUSTRIAL CENTER WEST 5th ADDITION Roy D. Buol, Mayor IN THE CITY OF DUBUQUE, IOWA. Attest: Jeanne F. Schneider, City Clerk Whereas, there has been filed with the City Jones moved adoption of the Resolution. Clerk the Final Plat of Dubuque Industrial Center Seconded by Connors. Motion carried 7-0. West 5th Addition in the City of Dubuque; and Whereas, upon said Final Plat appears certain Timber-Hyrst Estates – Final Plat: City Man- public utility and sanitary sewer easements ager recommending approval of the final plat of which the owners by said Final Plat have dedi-Timber-Hyrst Estates located in the City of cated to the public forever; and Dubuque, Iowa as requested by North Cascade Whereas, said Plat provides 0 feet of lot Road Developers, LLC, presented and read. frontage for Lots C and D, where 100 feet of lot Jones moved that the communication be re- frontage is required by Ordinance No. 83-04, ceived and filed. Seconded by Lynch. Motion Section (C)(2) which establishes bulk standards carried 7-0. for the Dubuque Industrial Center West; and RESOLUTION NO. 167–06 Whereas, said Final Plat has been reviewed APPROVING FINAL PLAT OF TIMBER- by the Zoning Advisory Commission and had HYRST ESTATES IN THE CITY OF DUBU- their approval endorsed thereon; and QUE, IOWA Whereas, said Final Plat has been examined by the City Council and they find that it conforms Whereas, there has been filed with the City to the statutes and ordinances relating to it, Clerk a Final Plat of Timber-Hyrst Estates in the except that no streets or public utilities have yet City of Dubuque, Iowa; and been constructed or installed, and that a prelimi- Whereas, upon said final plat appears a street nary plat has not been submitted. to be known as Creek Wood Drive, together with NOW THEREFORE, BE IT RESOLVED BY certain public utility, storm sewer, sanitary THE CITY COUNCIL OF THE CITY OF DUBU-sewer, water mains and maintenance, ease- QUE, IOWA: ments and right-of-way access (Lot M), which Section 1. That the dedication of easements the owners by said final plat have dedicated to for public utilities and sanitary sewer as they the public forever; and appear upon said Final Plat be and the same Whereas, the preliminary plat has been are hereby accepted. examined by the Zoning Advisory Commission Section 2. That the lot frontage requirement of and had its approval endorsed thereon; and 100 feet established by Ordinance No. 83-04, Whereas, said final plat has been reviewed by Section (C)(2) is waived to allow Lots C and D to the City Planner and had her approval endorsed have 0 feet of frontage. thereon, subject to the owners agreeing to the Section 3. That the Final Plat of Lots 1 thru 5, conditions noted in Section 2 and 3 below; and and Lots A, B, C and D of Dubuque Industrial Whereas, said final plat has been examined by Center West 5th Addition is hereby approved the City Council and they find that it conforms to and the Mayor and City Clerk are hereby autho-the statutes and ordinances relating to it, except rized and directed to endorse the approval of the that no streets or public utilities have yet been City of Dubuque, Iowa upon said Final Plat. constructed or installed. Section 4. Sidewalk installation shall be the responsibility of the owner of the property Regular Session, April 17, 2006 149 NOW, THEREFORE, BE IT RESOLVED BY installation will not be required until the devel- THE CITY COUNCIL OF THE CITY OF DUBU-opment of the lot has been completed, except as QUE, IOWA: required herein. In sparsely developed subdivi- Section 1. That the dedication of Creek Wood sions, sidewalks on developed lots will not be Drive (Lot A) together with the easements for required until 50% of the lots approved by the public utilities, sanitary sewer, storm sewer, plat have been developed. All vacant lots shall water mains and maintenance, as they appear have sidewalks installed upon development of upon said final plat, be and the same are hereby 80% of the lots approved by the plat. accepted; and Section 4. That the final acceptance of all Section 2. That the Final Plat of Timber-Hyrst public improvements shall occur upon certifica- Estates is hereby approved by the Mayor and tion of the City Engineer to the City Council that City Clerk are hereby authorized and directed to all public improvements have been completed in endorse the approval of the City of Dubuque, accordance with the improvement plans and City Iowa, upon said final plat, provided the owners standard specifications and accepted by City of said property herein named, execute their Council Resolution. written acceptance hereto attached agreeing: Section 5. That in the event North Cascade (a) To reduce Creek Wood Drive (Lot A) to Road Developers, LLC fails to execute the grade and to construct concrete curb and gutter acceptance and furnish the guarantees provided and to hard surface with asphaltic concrete, or in Sections 2 and 3 hereof within 180 days after with concrete paving with integral curb, all in the date of this Resolution, the provisions hereof accordance with the City of Dubuque standard shall be null and void and the acceptance of the specifications, all in a manner acceptable to the dedication and approval the plat shall not be City Engineer, in conformance with construction effective. improvement plans approved by the City Engi- Passed, approved and adopted this 17th day neer, and inspected by the City Engineer. of April 2006. (b) To construct a 156’6” long, 30-foot wide Roy D. Buol, Mayor bridge over Catfish Creek in conformance with Attest: Jeanne F. Schneider, City Clerk construction improvement plans approved by the Jones moved adoption of the Resolution. City Engineer and inspected by the City Engi-Seconded by Lynch. Motion carried 7-0. neer. (c) To install sanitary sewer mains and sewer Nowata Street Parking: City Manager recom- service laterals into each individual lot, water mending approval of the removal of the parking mains and water service laterals into each prohibition on the west side of Nowata Street individual lot, storm sewers and catch basins, between Loras Boulevard and University Ave- boulevard street lighting and erosion control nue, presented and read. Connors moved that devices all in accordance with the City of Dubu-the communication be received and filed. que standard specifications, all in a manner Seconded by Michalski. Motion carried 7-0. acceptable to the City Engineer, and in accor- dance with construction improvement plans An Ordinance Amending Section 32-262(d) of approved by the City Engineer, and inspected by the Code of Ordinances of the City of Dubuque, the City Engineer. Iowa, prohibiting parking on designated streets (d) To construct said improvements, prior to or portions thereof by deleting Nowata Street, two (2) years from the date of acceptance of this presented and read. resolution, at the sole expense of the owners, or OFFICIAL PUBLICATION future owner; ORDINANCE NO. 29-06 (e) To maintain the public improvements, for a AMENDING SECTION 32-262(d) OF THE period of two (2) years from the date of the CODE OF ORDINANCES OF THE CITY OF acceptance of those improvements by the City DUBUQUE, IOWA, PROHIBITING PARKING of Dubuque, Iowa, at the sole expense of the ON DESIGNATED STREETS OR PORTIONS owners, or future owner; THEREOF BY DELETING NOWATA STREET And, further provided that said North Cascade Road Developers, LLC, as owners of said NOW THEREFORE, BE IT ORDAINED BY property, shall secure the performance of the THE CITY COUNCIL OF THE CITY OF DUBU- foregoing conditions provided in this Section by QUE, IOWA: providing guarantees in such form and with such Section 1. That the Code of Ordinances of the sureties as may be acceptable to the City City of Dubuque, Iowa, be amended by deleting Manager of the City of Dubuque, Iowa. from Subsection (d) of Section 32-262 the Section 3. Sidewalk installation shall be the following: responsibility of the owner abutting the public Nowata Street, west side, from Loras Boule- rights-of-way, including lots with multiple fron-vard to University Avenue. tages, as required by City Code 41-161 through Passed, adopted and approved this 17th day 41-164. The responsibility shall extend to all of April, 2006. successors, heirs and assignees. Sidewalk /s/ Roy D. Buol, Mayor Regular Session, April 17, 2006 150 Attest: /s/ Jeanne F. Schneider, CMC, City Clerk At 8:35 P.M. Council reconvened Regular Published officially in the Telegraph Herald Session stating staff had been given proper newspaper this 21st day of April, 2006. direction. /s/ Jeanne F. Schneider, City Clerk There being no further business, Michalski 1t 4/21 moved to adjourn. Seconded by Connors. Connors moved that the requirement that a Motion carried 7-0. The meeting adjourned at proposed Ordinance be considered and voted 8:36 P.M. on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be /s/ Jeanne F. Schneider, CMC suspended. Seconded by Michalski. Motion City Clerk carried 7-0. Connors moved final consideration and passage of the Ordinance. Seconded by Michalski. Motion carried 7-0. Unified Development Code: City Manager recommending approval of the issuance of a revised Request for Proposals (RFP) for the Unified Development Code, presented and read. Connors moved that the communication be received and filed and approved recommenda- tion. Seconded by Braig. Motion carried 7-0. Council thanked staff for the inclusion of the blufflands and big box developments in the revised Request for Proposals. Buol requested that language similar to the blufflands be applied to the big box developments. Midwest Bluffland Ordinances: City Manager submitting examples of Midwest Bluffland Ordinances, presented and read. Lynch moved that the communication be received and filed. Seconded by Braig. Motion carried 7-0. NIMS Training Session: City Manager recom- mending that a training session on the National Incident Management System (NIMS) be sche- duled for June 12, 2006 beginning at 5:15 p.m., presented and read. Connors moved that the communication be received and filed and approved. Seconded by Jones. Motion carried 7- 0. Library Renovation Project: City Manager recommending that a work session be sche- duled for Monday, May 15, 2006 at 5:15 p.m. for a presentation on the Library renovation plans, presented and read. Michalski moved that the communication be received and filed and approved recommendation. Seconded by Lynch. Motion carried 7-0. COUNCIL MEMBER REPORTS Cline voiced concern with the color of the signage on Highway 61/151 off-ramp as it is difficult to read. At 8:18 P.M. Michalski moved to go into Closed Session re: Property Acquisition – Chapter 21.5 (1) (j) 2005 Code of Iowa. Seconded by Connors. Motion carried 7-0. Regular Session, May 1, 2006 151 DUBUQUE and concurred. Seconded by Braig. Motion carried 7-0. CITY COUNCIL OFFICIAL City Attorney advising that the following claims PROCEEDINGS have been referred to Public Entity Risk Servic- es of Iowa, the agent for the Iowa Communities Assurance Pool: Joseph Blatz for vehicle dam- City Council, Regular Session, May 1, 2006 age, Eugene Monahan for vehicle damage, and Council met at 6:30 P.M. in the Public Library Joyce Thul for personal injury, presented and Auditorium read. Michalski moved that the communications be received and filed and concurred. Seconded Present: Mayor Buol, Council Members Braig, by Braig. Motion carried 7-0. Cline, Connors, Jones, Lynch, Michalski, City Manager Van Milligen, City Attorney Lindahl Residential Parking Permit District Request: Communication from the residents of Vizaleea Mayor Buol read the call and stated this is a and Keymont Drive requesting a Residential regular session of the City Council called for the Parking Permit District in that area, presented purpose of discussing such matters which may and read. Michalski moved that the communica- properly come before the Council. tion be received and filed and referred to the City Manager. Seconded by Braig. Motion Invocation was given by Father Thomas carried 7-0. Rhomberg. Family Self-Sufficiency / Homeownership Proclamations: KDTH Day (May 4, 2006) Program Coordinators: City Manager recom- received by KDTH’s Josie Cooper; Mental mending approval of an application to the U.S. Health Month (May, 2006) received by John Department of Housing and Urban Development Curtis; Historic Preservation Month (May, 2006) (HUD) for funds to renew the City’s current received by Chris Olson; Parents Who Host, Family Self-Sufficiency Program (FSS) Coordi- Lose the Most, Don’t be a Party to Underage nator position and to contract with Iowa State Drinking Month (May, 2006); and Building Safety Extension for services to promote homeowner- Week (May 7-13, 2006). ship opportunities for Section 8 Program fami- lies, presented and read. Michalski moved that CONSENT ITEMS the communication be received and filed and approved recommendation. Seconded by Braig. Minutes and Reports Submitted: Arts and Motion carried 7-0. Cultural Affairs Advisory Commission of 2/23; City Council of 4/17; Civil Service Commission of Legislative Correspondence: ; Environmental Stewardship Advisory 3/17 Communication to area legislators encourag- Commission of 4/4; Housing Commission of ing them to oppose HF 2351 regarding the use 3/28; Zoning Advisory Commission of 4/5, of eminent domain by a municipality, presented presented and read. Michalski moved that the and read. Michalski moved that the communica- minutes be received and filed. Seconded by tion be received and filed. Seconded by Braig. Braig. Motion carried 7-0. Motion carried 7-0. Communication to officials of the Dubuque Proof of publication of City Council Proceed- Community School District and Holy Family ings of 4/3, presented and read. Michalski Catholic School System alerting them of pro- moved that the proof be received and filed. posed state legislation that could have a signifi- Seconded by Braig. Motion carried 7-0. cant, detrimental impact upon their schools and the community, presented and read. Michalski Notice of Claims/Suits: Joseph Blatz for moved that the communication be received and vehicle damage; Kristy Monahan, et al, for filed. Seconded by Braig. Motion carried 7-0. vehicle damage; Joyce Thul for personal injury, Communication to area legislators encourag- presented and read. Michalski moved that the ing their opposition to HF 2467 and SF 2361 communications be received and filed and which would end local franchising and contains referred to the City Attorney for investiga- no authority to require either wiring to or any free tion/report. Seconded by Braig. Motion carried 7- cable service for public buildings, presented and 0. read. Michalski moved that the communication be received and filed. Seconded by Braig. City Attorney recommending denial of the Motion carried 7-0. claim of Leanne Horsfall for property damage Teamsters Local Union No. 421: City Manager and the claim of Kathy Stump for property recommending approval of an amendment to the damage, presented and read. Michalski moved Collective Bargaining Agreement with the that the communication be received and filed Teamsters Union, presented and read. Michalski Regular Session, May 1, 2006 152 moved that the communication be received and Housing Programs: First Time Home Buyer filed and approved recommendation. Seconded Program; Historic Preservation Rehab Grant; by Braig. Motion carried 7-0. Homeowner Rehabilitation (Operation: Paintbrush; Operation Upkeep; Residential Notice of Intent to Request Release of Funds – Rehabilitation Loan Program; Sewer Connection Fiscal Year 2007 CDBG Programs: City Manag-Loan); Housing Administration Services and er recommending approval of the publication of Staff; Housing Code Enforcement; Housing a Notice of Intent to Request Release of Funds Rehabilitation Services and Staff; Housing Trust; for Community Development Block Grant Lead Paint Hazard Abatement; Pur- (CDBG) program activities, presented and read. chase/Rehabilitation/ Resale; Rental Unit Michalski moved that the communication be Rehabilitation (Emergency Code Enforcement received and filed. Seconded by Braig. Motion Loan Program; Moderate Income Rental Rehab carried 7-0. Loan Program; Accessibility Rehab; Single Room Occupancy Rehab); RESOLUTION NO. 168-06 Neighborhood and Community Development AUTHORIZING PUBLICATION OF A NOTICE Programs: Accessible Curb Ramps; Child Care OF INTENT TO REQUEST RELEASE OF Resource and Referral; Community Partnership FUNDS FOR CERTAIN COMMUNITY DEVEL- Program (cp2); Dubuque Dispute Resolution OPMENT BLOCK GRANT PROJECTS FOR Center; Information and Referral Service; FISCAL YEAR 2007 (PROGRAM YEAR 2006) Leadership Training; Neighborhood Develop- Whereas, the City of Dubuque will enter into a ment Services and Staff; Neighborhood Support Grant Agreement for the Fiscal Year commenc-Grants; Neighborhood Infrastructure Improve- ing July 1, 2006, with the U.S. Department of ments (Neighborhood Street Overlays; Neigh- Housing and Urban Development, providing for borhood Sidewalk Program; Neighborhood financial assistance to the City under Title I of Step/Wall Repair); Neighborhood Recreation the Housing and Community Development Act Program; Senior Center; Washington Tool of 1974, as amended; and Library; Zoning Inspection/ Enforcement Whereas, pursuant to the rules and regulations Economic Development Programs: Commer- as promulgated by the U.S. Department of cial/Industrial Building Rehab; Economic Devel- Housing and Urban Development, an environ-opment Financial Assistance Program; Econom- mental review has been processed for the ic Development Program Services and Staff hereinafter listed projects to be financed with Planning and Administration: CDBG Adminis- Community Development Block Grant funds; tration Services and Staff; Finance Services and and Staff; City Planning Services; Planning Adminis- Whereas, a notice of "Intent to Request Re-tration lease of Funds" for said projects will be sent by No funds will be committed prior to completion regular mail to various tribal, federal, state and of a review for other related laws of 24 CFR local public agencies; to the appropriate Re-58.5, including Section 106, for site-specific gional Office of the Environmental Protection projects that are currently unidentified. Agency, to the HUD Field Office and to the local Section 2. That the environmental review news media, individuals and groups known to be record for each of the projects shall be placed interested and believed to be appropriate to on file in the Office of the Housing and Commu- receive such a notice; and nity Development Department, 1805 Central, Whereas, any and all comments received as a Dubuque Iowa where said record may be result of such notice will be duly considered examined and copied by any interested party. before proceeding with a Request for Release of Section 3. That the Mayor of the City of Dubu- Funds and Certification. que is hereby authorized and directed to submit NOW, THEREFORE, BE IT RESOLVED BY to the U.S. Department of Housing and Urban THE CITY COUNCIL OF THE CITY OF DUBU-Development seven (7) days after publication of QUE, IOWA: appropriate notice a Request for Release of Section 1. That the City Clerk be and is hereby Funds to undertake the said projects. authorized and directed to publish a Notice of Section 4. That the Mayor of the City of Dubu- Intent to Request Release of Funds for the que is hereby authorized to consent to assume following identified projects and to make the the status of a responsible federal official under Environmental Review Record for said projects the National Environmental Protection Act, available for public inspection and comment until insofar as the provisions of the said Act apply to 5:00 p.m. on May 15, 2006. Such notice shall be the U.S. Department of Housing and Urban in the form of Exhibit "A" attached hereto and Development responsibilities for review, decision made a part hereof. making, and action assumed and carried out by Community Development Block the City of Dubuque as to environmental issues. Grant Annual Plan Projects Section 5. That the Mayor of the City of Dubu- Fiscal Year 2007 (Program Year 2006) que is hereby authorized to consent personally, Regular Session, May 1, 2006 153 in his official capacity and on behalf of the City contract, plans and specifications and recom- of Dubuque, to accept the jurisdiction of the mends its acceptance. federal courts if an action is brought to enforce NOW, THEREFORE, BE IT RESOLVED, BY responsibilities in relation to environmental THE CITY COUNCIL OF THE CITY OF DUBU- review, decision-making and action. QUE, IOWA: Section 6. That the Mayor of the City of Dubu- 1. That the recommendation of the City Man- que is and he is hereby authorized and directed ager be approved and that said improvement be to execute a Request for Release of Funds and and the same is hereby accepted. Certification. BE IT FURTHER RESOLVED that the City Passed, approved and adopted this 1st day of Treasurer be and he is hereby directed to pay to May 2006. the contractor from the General Fund in amount Roy D. Buol, Mayor equal to the amount of his contract, less any Attest: Jeanne F. Schneider, City Clerk retained percentage provided for therein. Michalski moved adoption of the Resolution. Passed, approved and adopted this 1st day of Seconded by Braig. Motion carried 7-0. May, 2006. Roy D. Buol, Mayor Voluntary Annexation Request – Wendell Attest: Jeanne F. Schneider, City Clerk Corey, Motor City LLC: City Manager recom- Michalski moved adoption of the Resolution. mending that the request of Wendell Corey, Seconded by Braig. Motion carried 7-0. Motor City LLC, to annex eighty acres to the City RESOLUTION NO. 170-06 of Dubuque be referred to him to complete an FINAL ESTIMATE annexation agreement, presented and read. Michalski moved that the communication be WHEREAS, the contract for the Pyatigorsk received and filed and referred to the City Park Development Project has been completed Manager. Seconded by Braig. Motion carried 7-and the Engineer has submitted his final esti- 0. mate showing the cost thereof including the cost of estimates, notices and inspection and all Voluntary Annexation Request – John W. and miscellaneous costs; Sally Jo Herrig: City Manager recommending NOW, THEREFORE, BE IT RESOLVED, BY that the request of John W. and Sally Jo Herrig THE CITY COUNCIL OF THE CITY OF DUBU- to annex 112 aces to the City of Dubuque be QUE, IOWA: referred to him to complete an annexation Section 1. That the cost of said improvement is agreement, presented and read. Michalski hereby determined to be $268,914.76, and the moved that the communication be received and said amount shall be paid from the General filed and referred to the City Manager. Fund of the City of Dubuque, Iowa. Seconded by Braig. Motion carried 7-0. Passed, approved and adopted this 1st day of May, 2006. Voluntary Annexation Request – Dean and Roy D. Buol, Mayor Patricia Butler: City Manager recommending that Attest: Jeanne F. Schneider, City Clerk the request of Dean and Patricia Butler to annex Michalski moved adoption of the Resolution. eight acres of property to the City of Dubuque be Seconded by Braig. Motion carried 7-0. referred to him to complete an annexation agreement, presented and read. Michalski Iowa Department of Transportation Sidewalk moved that the communication be received and Assessment: City Manager recommending filed and referred to the City Manager. approval to pay the Iowa Department of Trans- Seconded by Braig. Motion carried 7-0. portation’s assessment for the Asbury Road Sidewalk Installation Project from City funds and Pyatigorsk Park Construction Project: City that, in the future, assessment projects not be Manager recommending acceptance of the levied on property owned by the Iowa Depart- Pyatigorsk Park Construction Project as com-ment of Transportation where no building exists, pleted by Tricon General Construction in the presented and read. Michalski moved that the final contract amount of $268,914.76, presented communication be received and filed and and read. Michalski moved that the communica-approved recommendation. Seconded by Braig. tion be received and filed. Seconded by Braig. Motion carried 7-0. Motion carried 7-0. Urban Renewal Joint Agreement: City Manag- RESOLUTION NO. 169-06 er recommending approval of an Urban Renewal ACCEPTING IMPROVEMENT Joint Agreement with Dubuque County permit- WHEREAS, the contract for the Pyatigorsk ting the County to exercise urban renewal Park Development Project has been completed powers for the Namasco Company, presented and the City Manager has examined the work and read. Michalski moved that the communica- and filed his certificate stating that the same has tion be received and filed. Seconded by Braig. been completed according to the terms of the Motion carried 7-0. Regular Session, May 1, 2006 154 Quarterly Investment Report: City Manager RESOLUTION NO. 171-06 transmitting the March 31, 2006 Quarterly APPROVING AN URBAN RENEWAL JOINT Investment Report, presented and read. Mi- AGREEMENT BETWEEN DUBUQUE COUNTY chalski moved that the communication be AND THE CITY OF DUBUQUE received and filed. Seconded by Braig. Motion Whereas, Namasco Company has proposed carried 7-0. the expansion of its existing operations; and Whereas, the Dubuque County Board of 800 MHz Radios: City Manager recommending Supervisors are considering a request by the approval of the purchase of two 800 MHz radios Namasco Company to establish an urban for Assistant City Manager Cindy Steinhauser renewal area, and use urban renewal powers to and Public Information Officer Randy Gehl, provide tax increment financing to the Company; presented and read. Michalski moved that the and communication be received and filed and Whereas, Iowa Urban Renewal law requires approved recommendation. Seconded by Braig. that, whenever a county establishes an urban Motion carried 7-0. renewal area which includes property that is within two miles of the city limits of a city, that International City / County Management city must agree to allow the County to use urban Association: Communication from the Interna- renewal powers; tional City / County Management Association NOW, THEREFORE, BE IT RESOLVED BY (ICMA) advising that City Manager Michael Van THE CITY COUNCIL OF THE CITY OF DUBU-Milligen has been elected as a Regional Vice QUE, IOWA: President of ICMA, presented and read. Con- Section 1. That the attached Urban Renewal nors moved that the communication be received Joint Agreement is approved. and filed. Seconded by Braig. Motion carried 7- Section 2. That the Mayor is hereby authorized 0. to execute the Agreement attested by the City Clerk. Business Licenses: Passed, approved and adopted this first day RESOLUTION NO. 172-06 of May, 2006. Roy D. Buol, Mayor Whereas, applications for Beer Permits have Attest: Jeanne F. Schneider, City Clerk been submitted and filed to this Council for Michalski moved adoption of the Resolution. approval and the same have been examined Seconded by Braig. Motion carried 7-0. and approved: and Whereas, the premises to be occupied by Examining Board: City Manager recommend-such applicants were inspected and found to ing approval of the appointment of Budget comply with the Ordinances of the City and have Director Dawn Lang to the Examining Board, filed proper bonds. presented and read. Michalski moved that the NOW, THEREFORE, BE IT RESOLVED BY communication be received and filed and THE CITY COUNCIL OF THE CITY OF DUBU- approved recommendation. Seconded by Braig. QUE, IOWA: Motion carried 7-0. That the Manager be authorized to cause to be issued the following named applicants a Beer Dubuque Regional Humane Society: Commu-Permit. nication from the Dubuque Regional Humane CLASS “C” BEER LICENSE Society in opposition to the proposed rezoning Hy-Vee Inc., Hy-Vee Food Store, +(Sunday request of Dawne O’Meara, Alter Sal-Sale), 3500 Dodge St “B” vage/Tschiggfrie Excavating for 190 North Casey’s Marketing Company, Casey’s Gen- Crescent Ridge, presented and read. Michalski eral Store # 2421+(Sunday Sale), 4003 Peru Rd. moved that the communication be received and Casey’s Marketing Company Casey’s Gener- filed and referred to the City Manager. al Store #2420+(Sunday Sale) 2699 Rockdale Seconded by Connors. Motion carried 7-0. Rd Passed, approved and adopted this 1st day of Iowa League of Cities: Communication from May, 2006. the Iowa League of Cities thanking the City for Roy D. Buol, Mayor submitting a bid for the 2010 Annual Conference Attest: Jeanne F. Schneider, CMC, City Clerk and Exhibit and advising that Coralville has been Michalski moved adoption of the Resolution. selected as the host for the 2010 Annual Confe-Seconded by Braig. Motion carried 7-0. rence and Exhibit, presented and read. Michals- ki moved that the communication be received and filed. Seconded by Braig. Motion carried 7- 0. Regular Session, May 1, 2006 155 RESOLUTION NO. 173-06 RESOLUTION NO. 174-06 FIXING DATE OF PUBLIC HEARING ON Whereas, applications for Liquor Licenses LEASE AGREEMENT have been submitted to this Council for approval and the same have been examined and ap- WHEREAS, the City Council of the City of proved; and Dubuque, Iowa has given its preliminary ap- Whereas, the premises to be occupied by such proval on the proposed Lease Agreement for the applicants were inspected and found to comply Ham House with the Dubuque County Historical with the State Laws and all City Ordinances Society. relevant thereto and they have filed proper NOW, THEREFORE, BE IT RESOLVED, BY bonds. THE CITY COUNCIL OF THE CITY OF DUBU- NOW, THEREFORE, BE IT RESOLVED BY QUE, IOWA, that on the 15th day of May, 2006, THE CITY COUNCIL OF THE CITY OF DUBU-a public hearing will be held at 6:30 p.m. in the QUE, IOWA: Public Library Auditorium, at which time inter- That the Manager be authorized to cause to be ested persons may appear and be heard for or issued the following named applicants a Liquor against the proposed Lease Agreement, and the License. City Clerk be and is hereby directed to cause a CLASS “C” BEER/LIQUOR LICENSE notice of time and place of such hearing to be DBQ, Inc., Shot Tower Inn, +(Sunday Sale), published in a newspaper having general 390 Locust St. circulation in the City of Dubuque, Iowa, which Catfish Charlie’s LLC, Catfish Charlie’s, notice shall be not less than four days nor more +(Sunday/Outdoor Sale),1630 E 16th St. than twenty days prior to the day fixed for its Easy Street LLC, Easy Street, consideration. At the hearing, any interested +(Sunday/Outdoor Sale), 431 Rhomberg Ave. person may appear and file objections to the GMRI Inc., Olive Garden, +(Sunday Sale), proposed plans, specifications, contract, or Bartinis on Main, Inc., Bartinis, +(Sunday estimated cost of the improvement. Sale), 253 Main St. Passed, approved and adopted this 1st day of Tott’s Tap, Inc., Tott’s Tap, 3457 Jackson St. May, 2006. CLASS “B” WINE Roy D. Buol, Mayor Carroll’s Wine Company, Carroll’s Wine Attest: Jeanne F. Schneider, City Clerk Company, 123 Main St. Cline moved adoption of the Resolution with CLASS “B” NATIVE WINE (WBN) date of public hearing set for 5/15/06 at a Rainbo Oil Company, Kwik Stop 2150 Twin meeting to commence at 6:30 P.M. in the public Valley Dr. library auditorium and direct the City Clerk to Rainbo Oil Company, Kwik Stop, 4039 publish notice in the manner prescribed by law. Pennsylvania Seconded by Lynch. Motion carried 7-0. Rainbo Oil Company, Kwik Stop, 2320 Highway 61 Interstate Power Company (Alliant) Easement: Rainbo Oil Company, Kwik Stop, 2335 Uni-City Manager recommending that a public versity Ave. hearing be set for May 15, 2006 to consider Rainbo Oil Company. Kwik Stop, 2255 Ker-approval of a 100 foot easement to Interstate per Blvd. Power Company (Alliant) in the Port of Dubu- Rainbo Oil Company, Kwik Stop, 2390 Cen-que, presented and read. Cline moved that the tral Ave. communication be received and filed. Seconded Passed, approved and adopted this 1st day of by Lynch. Motion carried 7-0. May, 2006. RESOLUTION NO. 175-06 Roy D. Buol, Mayor FIXING THE DATE FOR A MEETING OF THE Attest: Jeanne F. Schneider, CMC, City Clerk CITY COUNCIL OF THE CITY OF DUBUQUE, Michalski moved adoption of the Resolution. IOWA ON THE EXECUTION OF AN EASE- Seconded by Braig. Motion carried 7-0. MENT RELATING THERETO WITH INTER- STATE POWER AND LIGHT COMPANY, AN ITEMS TO BE SET FOR PUBLIC HEARING IOWA CORPORATION, AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF. Ham House Lease Agreement: City Manager Whereas, it is deemed necessary and advisa- recommending that a public hearing be set for ble that the City of Dubuque, Iowa, enter into a May 15, 2006 to consider a new lease for the revised electric easement with the Interstate Ham House with the Dubuque County Historical Power and Light Company for the Port of Dubu- Society, presented and read. Cline moved that que; and the communication be received and filed. Whereas, before said lease may be approved, Seconded by Lynch. Motion carried 7-0. Chapter 403 of the Code of Iowa requires that the City Clerk publish a notice of the proposal and of the time and place of the meeting at which the City Council proposes to take action Regular Session, May 1, 2006 156 thereon and at which meeting the City Council Cline moved that the communication be re- shall receive oral and/or written objections from ceived and filed. Seconded by Lynch. Motion any resident or property owner of said City to carried 7-0. such proposed action. An Ordinance Amending Appendix A (the NOW THEREFORE, BE IT RESOLVED BY Zoning Ordinance) of the City of Dubuque Code THE CITY COUNCIL OF THE CITY OF DUBU-of Ordinances by reclassifying hereinafter QUE, IOWA: described property located south of North Section 1. That the City Council meet in the Cascade Road from Dubuque County A-1 Auditorium of the Carnegie-Stout Public Library Agricultural and R-2 Single-Family Residential in Dubuque, Iowa, at 6:30 p.m. on the 15th day District to City of Dubuque R-3 Moderate Densi- of May 2006, for the purpose of taking action on ty Multi-Family Residential District concurrent the execution of an electric easement with the with annexation, presented and read. Cline Interstate Power and Light Company, to carry moved that this be set for public hearing on out activities described in the Port of Dubuque. 6/5/06 at a meeting to commence at 6:30 P.M. in Section 2. That the Clerk is hereby directed to the public library auditorium and direct the City cause at least one publication to be made of a Clerk to publish notice in the manner prescribed notice of said meeting, in a newspaper, printed by law. Seconded by Lynch. Motion carried 7-0. wholly in the English language, published at least once weekly, and having general circula- Gary and Mary Beth Valentine – Request to tion in said City, said publication to be not less Rezone: Setting a public hearing for June 5, than four days nor more than twenty days before 2006 to consider a request from Gary and Mary the date of said meeting on the issuance of said Beth Valentine to rezone property located at the obligations. southeast corner to North Cascade Road and Passed, approved and adopted this 1st day of Edval Lane from County A1 Agricultural/R2 May 2006. Single-Family Residential District to City R-3 Roy D. Buol, Mayor Moderate Density Multi-Family Residential Attest: Jeanne F. Schneider, City Clerk District in conjunction with annexation to the City Cline moved adoption of the Resolution and of Dubuque and Zoning Advisory Commission set date of public hearing for 5/15/06 at a recommending approval with the condition that meeting to commence at 6:30 P.M. in the public the property be rezoned to R-2 Two-Family library auditorium and direct the City Clerk to Residential, presented and read. Cline moved publish notice in the manner prescribed by law. that the communication be received and filed. Seconded by Lynch. Motion carried 7-0. Seconded by Lynch. Motion carried 7-0. NCR Developers, Inc. / Martin McNamer – An Ordinance Amending Appendix A (the Request to Rezone / Improvements to North Zoning Ordinance) of the City of Dubuque Code Cascade Road: Setting a public hearing for June of Ordinances by reclassifying hereinafter 5, 2006 to consider a request from NCR Devel-described property located at the southeast opers, Inc. / Martin McNamer to rezone property corner of North Cascade Road and Edval Lane located south of North Cascade Road from from Dubuque County A-1 Agricultural and R-2 County A1 Agricultural/R2 Single-Family Resi-Single-Family Residential District to City of dential District to City R-3 Moderate Density Dubuque R-3 Moderate Density Multi-Family Multi-Family Residential District in conjunction Residential District concurrent with annexation, with annexation to the City of Dubuque and presented and read. Cline moved that this be set Zoning Advisory Commission recommending for public hearing on 6/5/06 at a meeting to approval with the condition that the entire area commence at 6:30 P.M. in the public library be zoned to R-2, presented and read. Cline auditorium and direct the City Clerk to publish moved that the communication be received and notice in the manner prescribed by law. filed. Seconded by Lynch. Motion carried 7-0. Seconded by Lynch. Motion carried 7-0. Thomas and Sheri Henschel – Request to Zoning Advisory Commission urging the City Rezone: Setting a public hearing for June 5, Council to expedite roadway improvements to 2006 to consider a request from Thomas and North Cascade Road and recommending that Sheri Henschel to rezone property located west the improvements occur concurrently with the of Miller Road in Dubuque County from County proposed residential development, presented R2 Single-Family Residential District and City and read. Cline moved that the communication AG Agricultural District to City R-2 Two-Family be received and filed. Seconded by Lynch. Residential District in conjunction with annexa- Motion carried 7-0. tion to the City of Dubuque and the Zoning City Manager recommending that the North Advisory Commission recommending approval, Cascade Road project be considered for future presented and read. Cline moved that the funding opportunities with no changes to the communication be received and filed. Seconded Five Year Street Program, presented and read. by Lynch. Motion carried 7-0. Regular Session, May 1, 2006 157 An Ordinance Amending Appendix A (the process for the University Avenue Culvert and Zoning Ordinance) of the City of Dubuque Code Sanitary Sewer Extension Reconstruction of Ordinances by reclassifying hereinafter Project and that a public hearing be set for June described property located west of Miller Road 5, 2006 to consider adoption of the plans and from Dubuque County R2 Single-Family Resi-specifications, presented and read. Cline dential District and City of Dubuque AG Agricul-moved that the communication be received and tural District to City of Dubuque R-2 Two-Family filed. Seconded by Lynch. Motion carried 7-0. Residential District, concurrent with annexation, RESOLUTION NO. 176-06 presented and read. Cline moved that this be set PRELIMINARY APPROVAL OF PLANS AND for public hearing on 6/5/06 at a meeting to SPECIFICATIONS commence at 6:30 P.M. in the public library auditorium and direct the City Clerk to publish NOW THEREFORE, BE IT RESOLVED BY notice in the manner prescribed by law. THE CITY COUNCIL OF THE CITY OF DUBU- Seconded by Lynch. Motion carried 7-0. QUE, IOWA: That the proposed plans, specifications, form NCR Developers, Inc. / Martin McNamer – of contract and estimated cost for the University Request for Voluntary Annexation: City Manager Avenue Culvert Extension & Sanitary Sewer recommending that a public hearing be set for Reconstruction Project in the estimated amount June 5, 2006 to consider a request from NCR of $407,724 are hereby approved and ordered Developers, Inc. / Martin McNamer to voluntarily filed in the office of the City Clerk for public annex 181.59 acres to the City of Dubuque inspection. contingent on approval of the development Passed, adopted and approved this 1st day of annexation agreement, presented and read. May, 2006. Cline moved that the communication be re-Roy D. Buol, Mayor ceived and filed and set public hearing for 6/5/06 Attest: Jeanne F. Schneider, CMC, City Clerk at a meeting to commence at 6:30 P.M. in the Cline moved adoption of the Resolution. public library auditorium and direct the City Clerk Seconded by Lynch. Motion carried 7-0. to publish notice in the manner prescribed by RESOLUTION NO. 177-06 law. Seconded by Lynch. Motion carried 7-0. FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Gary and Mary Beth Valentine – Request for Voluntary Annexation: City Manager recom- Whereas, the City Council of the City of mending that a public hearing be set for June 5, Dubuque, Iowa has given its preliminary ap- 2006 to consider a request from Gary and Mary proval on the proposed plans, specifications, Beth Valentine to voluntarily annex 58.62 acres and form of contract and placed same on file in to the City of Dubuque contingent on approval of the office of the City Clerk for public inspection the development annexation agreement, of the University Avenue Culvert Extension & presented and read. Cline moved that the Sanitary Sewer Reconstruction Project. communication be received and filed and set NOW THEREFORE, BE IT RESOLVED BY public hearing for 6/5/06 at a meeting to com-THE CITY COUNCIL OF THE CITY OF DUBU- mence at 6:30 P.M. in the public library audito-QUE, IOWA: rium and direct the City Clerk to publish notice in That a public hearing will be held on the 5th the manner prescribed by law. Seconded by day of June, 2006, at 6:30 p.m. in the Public Lynch. Motion carried 7-0. Library Auditorium at which time interested persons may appear and be heard for or against Thomas and Sheri Henschel – Request for the proposed plans and specifications, form of Voluntary Annexation: City Manager recom-contract and cost of said improvement, and the mending that a public hearing be set for June 5, City Clerk be and is hereby directed to cause a 2006 to consider a request from Thomas and notice of time and place of such hearing to be Sheri Henschel to voluntarily annex 39.08 acres published in a newspaper having general to the City of Dubuque contingent on approval of circulation in the City of Dubuque, Iowa, which the development annexation agreement, pre-notice shall be not less than four days nor more sented and read. Cline moved that the commu-than twenty days prior to the day fixed for its nication be received and filed and set public consideration. At the hearing, any interested hearing for 6/5/06 at a meeting to commence at person may appear and file objections to the 6:30 P.M. in the public library auditorium and proposed plans, specifications, contract, or direct the City Clerk to publish notice in the estimated cost of the improvement. manner prescribed by law. Seconded by Lynch. Passed, adopted and approved this 1st day of Motion carried 7-0. May, 2006. Roy D. Buol, Mayor University Avenue Culvert and Sanitary Sewer Attest: Jeanne F. Schneider, CMC, City Clerk Extension Reconstruction Project: City Manager Cline moved adoption of the Resolution and recommending initiation of the public bidding set Hearing for 6/5/06 at a meeting to com- Regular Session, May 1, 2006 158 mence at 6:30 P.M. in the public library audito-Applicant: Kevin R. Stevens Connors moved rium and direct the City Clerk to publish notice in that Kevin R. Stevens be appointed to the TV the manner prescribed by law. Seconded by Cable Regulatory Commission for an unexpired Lynch. Motion carried 7-0. term which will expire 6/30/07. Seconded by Braig. Motion carried 6-0 (Jones abstained). RESOLUTION NO. 178-06 ORDERING BIDS PUBLIC HEARINGS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, Michalski moved to suspend the rules to allow IOWA: anyone present to address the Council. That the University Avenue Culvert Extension Seconded by Braig. Motion carried 7-0. and Sanitary Sewer Reconstruction Project is hereby ordered to be advertised for bids for Fiscal Year 2006 Budget Amendment: Proof of construction. publication on notice of hearing to consider the BE IT FURTHER RESOLVED, that the amount second amendment to the Fiscal Year 2006 of the security to accompany each bid shall be in budget and City Manager recommending ap- an amount which shall conform to the provisions proval, presented and read. Cline moved that of the Notice to Bidders hereby approved as a the proof and communication be received and part of the plans and specifications heretofore filed. Seconded by Connors. Motion carried 7-0. adopted. CITY BUDGET AMENDMENT AND CERTIFI- That the City Clerk is hereby directed to CATION RESOLUTION advertise for bids for the construction of the improvements herein provided, to be published To the Auditor of DUBUQUE County, Iowa: in a newspaper having general circulation in the The City Council of DUBUQUE in said Coun- City of Dubuque, Iowa, which notice shall not be ty/Counties met on May 15, 2006, at the place less than four days nor more than forty-five days and hour set in the notice, a copy of which prior to the receipt of said bids at 2:00 p.m. on accompanies this certificate and is certified as to the 23rd day of May, 2006. Bids shall be opened publication. Upon taking up the proposed and read by the City Clerk at said time and will amendment, it was considered and taxpayers be submitted to the Council for final action at were heard for and against the amendment. 6:30 p.m. on the 5th day of June, 2006. The Council, after hearing all taxpayers Passed, adopted and approved this 1st day of wishing to be heard and considering the state- May, 2006. ments made by them, gave final consideration to Roy D. Buol, Mayor the proposed amendment(s) to the budget and Attest: Jeanne F. Schneider, CMC, City Clerk modifications proposed at the hearing, if any, Cline moved adoption of the Resolution. thereupon, the following resolution was intro- Seconded by Lynch. Motion carried 7-0. duced: BOARDS/COMMISSIONS RESOLUTION NO. 179-06 AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2006, Appointments to the following Boards / Com- (AS AMENDED LAST ON -- ) missions: Be it Resolved by the Council of the City of Dubuque: Housing Code Appeals Board (One unexpired three-year term through 1/11/08) Applicant: Section 1. Following notice published and David Young the public hearing held, May 1, 2006, the current Connors moved that David Young be appointed budget (as previously amended) is amended as to the Housing Code Appeals Board for an set out herein and in the detail by fund type and unexpired three year term which will expire activity that supports this resolution which was 1/11/08. Seconded by Braig. Motion carried 6-0 considered at that hearing: (Continued) (Jones abstained). Long Range Planning Advisory Commission (One unexpired three-year term through 7/1/08) Applicant: Otto Krueger. Connors moved that Otto Krueger be appointed to the Long Range Planning Commission for an unexpired three year term through 7/1/08. Seconded by Braig. Motion carried 6-0 (Jones abstained). TV Cable Regulatory Commission (One unexpired three-year term through 6/30/07) Regular Session, May 1, 2006 159 Total Budget Total Budget as certified Current after Current or last amended Amendment Amendment Revenues & Other Financing Sources 1 Taxes Levied on Property 15,500,377 0 15,500,377 Less: Uncollected Property Taxes-Levy 2 Year 0 0 0 Net Current Property Taxes 3 15,500,377 0 15,500,377 4 Delinquent Property Taxes 0 0 0 5 TIF Revenues 3,500,451 0 3,500,451 6 Other City Taxes 10,741,021 0 10,741,021 7 Licenses & Permits 2,859,547 0 2,859,547 8 Use of Money and Property 17,298,841 0 17,298,841 9 Intergovernmental 43,202,112 1,124,225 44,326,337 10 Charges for Services 21,560,443 433,660 21,994,103 11 Special Assessments 1,435,705 0 1,435,705 12 Miscellaneous 4,581,666 110,000 4,691,666 13 Other Financing Sources 61,649,662 -20,600,978 41,048,684 Total Revenues and Other Sources 14 182,329,825 -18,933,093 163,396,732 Expenditures & Other Financing Uses 15 Public Safety 19,527,786 43,300 19,571,086 16 Public Works 9,536,260 275,128 9,811,388 17 Health and Social Services 893,053 0 893,053 18 Culture and Recreation 8,241,716 28,556 8,270,272 19 Community and Economic Development 9,803,452 86,418 9,889,870 20 General Government 4,694,937 16,156 4,711,093 21 Debt Service 2,864,911 0 2,864,911 22 Capital Projects 54,462,348 926,272 55,388,620 Total Government Activities Expendi- 23 tures 110,024,463 1,375,830 111,400,293 24 Business Type / Enterprises 51,079,460 179,209 51,258,669 Total Gov Activities & Business Ex- penditures 25 161,103,923 1,555,039 162,658,962 26 Transfers Out 56,207,112 -20,622,568 35,584,544 Total Expenditures/Transfers Out 27 217,311,035 -19,067,529 198,243,506 Excess Revenues & Other Sources Over (Under) Expenditures/Transfers Out Fiscal Year 28 -34,981,210 134,436 -34,846,774 Continuing Appropriation 29 0 N/A 0 30 Beginning Fund Balance July 1 50,722,912 -134,436 50,588,476 Ending Fund Balance June 30 31 15,741,702 0 15,741,702 st Passed this 1 day of May, 2006 Roy D. Buol, Mayor Jeanne F. Schneider City Clerk/Finance Officer Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Regular Session, May 1, 2006 160 A.Y. McDonald Park Development – Phase II Dubuque for the complete performance of the Project: Proof of publication on notice of hearing work. to consider adoption of the plans and specifica- BE IT FURTHER RESOLVED: tions for the A.Y. McDonald Park Development – That upon the signing of said contract and the Phase II Project and City Manager recommend-approval of the contractor's bond, the City ing award of the contract to Portzen Construc-Treasurer is authorized and instructed to return tion, Inc., in the amount of $849,653.90, pre-the bid deposits of the unsuccessful bidders. sented and read. Connors moved that the proof Passed, approved and adopted this 1st day of of publication and communication be received May, 2006. and filed. Seconded by Jones. Motion carried Roy D. Buol, Mayor 7-0. Attest: Jeanne F. Schneider, City Clerk Connors moved adoption of the Resolution. RESOLUTION NO. 180-06 Seconded by Jones. Motion carried 7-0. RESOLUTION ADOPTING PLANS AND SPECIFICATIONSRESOLUTION NO. 182-06 APPROVING CONSTRUCTION CONTRACT Whereas, on the 20th day of March, 2006, WITH PORTZEN CONSTRUCTION, INC. FOR plans, specifications, form of contract and THE A.Y. McDONALD PARK, PHASE II CON- estimated cost were filed with the City Clerk of STRUCTION PROJECT Dubuque, Iowa for the A.Y. McDonald Park, Phase II Construction Project. Whereas, the City Council by Resolution No. Whereas, notice of hearing on plans, specifica-181-06 awarded the construction contract for the tions, form of contract, and estimated cost was A.Y. McDonald Park, Phase II Construction published as required by law. Project to Portzen Construction, Inc.; and NOW THEREFORE, BE IT RESOLVED BY Whereas Portzen Construction, Inc. has THE CITY COUNCIL OF THE CITY OF DUBU-submitted the attached executed contract and QUE, IOWA: bond. That the said plans, specifications, form of NOW THEREFORE, BE IT RESOLVED BY contract and estimated cost are hereby ap-THE CITY COUNCIL OF THE CITY OF DUBU- proved as the plans, specifications, form of QUE, IOWA: contract and estimated cost for said improve- 1. The contract and bond attached hereto are ments for said project. hereby approved. Passed, approved and adopted this 1st day of 2. The City Manager is hereby authorized and May, 2006. directed to execute the contract on behalf of the Roy D. Buol, Mayor City of Dubuque. Attest: Jeanne F. Schneider, City Clerk Passed, approved and adopted this 1st day of Connors moved adoption of the Resolution. May, 2006. Seconded by Jones. Motion carried 7-0. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 181-06 Connors moved adoption of the Resolution. AWARDING CONTRACT Seconded by Jones. Motion carried 7-0. WHEREAS, sealed proposals have been submitted by contractors for the A.Y. McDonald Connors moved that the rules be reinstated Park, Phase II Construction Project pursuant to limiting discussion to the Council. Seconded by Resolution No. 107-06, and notice to bidders Braig. Motion carried 7-0. published in a newspaper published in the City ACTION ITEMS of Dubuque, Iowa, on the 21st day of April, 2006. WHEREAS, said sealed proposals were Request to Rezone – 3219 Asbury Road (First opened and read on the 18th day of April, 2006, Reading on 4/17/06): and it has been determined that the bid of An Ordinance Amending Appendix A (the Portzen Construction, Inc. in the amount of Zoning Ordinance) of the City of Dubuque Code $849,653.90 was the lowest bid for the furnish-of Ordinances by reclassifying hereinafter ings of all labor and materials and performing property located at 3219 Asbury Road from R-2c the work as provided for in the plans and speci-Two-Family Residential District, with conditions, fications. to OS Office Service District, said Ordinance NOW THEREFORE, BE IT RESOLVED BY having been presented and read at the Council THE CITY COUNCIL OF THE CITY OF DUBU-Meeting of 4/17/06, now presented for further QUE, IOWA: action. That the contract for the above improvement be awarded to Portzen Construction, Inc., and the Manager be and is hereby directed to execute a contract on behalf of the City of Regular Session, May 1, 2006 161 OFFICIAL PUBLICATION the following vote: Yeas—Braig, Buol, Connors, ORDINANCE NO. 30-06 Jones, Lynch. Nays—Cline Michalski. AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE An Ordinance Amending the City Code of CODE OF ORDINANCES BY RECLASSIFY- Ordinances, Chapter 33, Offenses and Miscella- ING HEREINAFTER DESCRIBED PROPERTY neous Provisions, by adopting a new Section LOCATED AT 3219 ASBURY ROAD FROM R- 33-17 Hunting and Target Practice Permitted, 2c TWO-FAMILY RESIDENTIAL DISTRICT, authorizing the City Manager to issue an Annual WITH CONDITIONS, TO OS OFFICE SERVICE Permit to a Property Owner Allowing Hunting DISTRICT and Target Practice within the corporate limits of NOW, THEREFORE, BE IT ORDAINED BY the City under certain conditions, said Ordinance THE CITY COUNCIL OF THE CITY OF DUBU-having been presented and read at the Council QUE, IOWA: Meetings of 3/6/06 and 3/20/06, and brought Section 1. That appendix A (The Zoning back on 4/17/06, now presented for final action. Ordinance) of the City of Dubuque Code of OFFICIAL PUBLICATION Ordinances is hereby amended by reclassifying ORDINANCE NO. 31-06 the hereinafter-described property from R-2c AMENDING THE CITY OF DUBUQUE CODE Two-Family Residential Zoning District, with OF ORDINANCES, CHAPTER 33, OFFENSES conditions, to OS Office Service District; to wit: AND MISCELLANEOUS PROVISIONS, BY Lot 2-1-2 of Stecher Place, and to the center- ADOPTING A NEW SECTION 33-17 HUNTING line of the adjoining public right-of-way, all in the AND TARGET PRACTICE PERMITTED, City of Dubuque, Iowa, AUTHORIZING THE CITY MANAGER TO Section 2. The foregoing amendment has ISSUE AN ANNUAL PERMIT TO A PROPER- heretofore been reviewed by the Zoning Advi- TY OWNER ALLOWING HUNTING AND sory Commission of the City of Dubuque, Iowa. TARGET PRACTICE WITHIN THE CORPO- Passed, approved and adopted this 1st day of RATE LIMITS OF THE CITY UNDER CERTAIN May 2006. CONDITIONS /s/ Roy D. Buol, Mayor Attest: /s/ Jeanne F. Schneider, City Clerk NOW, THEREFORE, BE IT ORDAINED BY Published officially in the Telegraph Herald THE CITY COUNCIL OF THE CITY OF DUBU- newspaper this 5th day of May, 2006. QUE, IOWA: /s/ Jeanne F. Schneider, City Clerk Section 1. City of Dubuque Code of Ordin- 1t 5/5 ances is amended by adding the following new Connors moved that the requirement that a Section 33-17: proposed Ordinance be considered and voted Sec. 33-17: Hunting and Target Practice Permit- on for passage at two Council Meetings prior to ted: the meeting at which it is to be finally passed be (a) Sections 33-7 and 33-11 notwithstanding, suspended and moved final consideration and the City Manager may issue an annual permit to passage of the Ordinance. Seconded by Braig. a property owner for hunting and target practice Motion carried 7-0. within the corporate limits of the city on the owner’s property, if the City Manager determines Proposed Hunting Ordinance (Third Reading that the property meets the following conditions: Reconsidered at April 17, 2006 Meeting) City (1) The property is zoned AG-Agricultural; Manager submitting the revised ordinance to (2) The property is not less than ten (10) allow hunting and target practice on agricultural contiguous acres or more in size; property of more than ten acres within the City (3) The property owner agrees to be present limits with the approval of the City Manager on a to supervise target practice on the owner’s case-by-case basis, presented and read. property; and Request of David S. Hartig, Jr. and his legal (4) Allowing hunting or target practice on the counsel to address the City Council regarding property will not constitute a danger to public the proposed hunting ordinance, presented and safety; read. (b) An application to allow hunting or target David Hartig, 1255 Southern, spoke objecting practice shall be filed with the City Manager on a to the Ordinance, citing shotgun dangers and form provided by the City Manager. The applica- noise. tion shall include the following information: Attorney William Toomey, 200 Security Build- (1) The name, address and telephone number ing. spoke objecting to the Ordinance citing of the applicant; safety issues. (2) The address where the hunting or target Rob McDonald, 16113 Paradise Lane, spoke practice will take place; in support of the proposed Ordinance. (3) A site plan shall be a dimension drawing Jones moved to receive and file the communi-showing the following: cations and to approve the proposed changes in North arrow; the Ordinance. Seconded by Braig. Carried by Property lines; Regular Session, May 1, 2006 162 Location of buildings on the subject property moratorium on the construction of ethanol and and dimensions; biodiesel plants within the City limits of Dubuque Location of buildings on adjacent property, for six months, presented and read. Connors public streets, recreational trails or public wa-moved that the communication be received and ters. filed. Seconded by Michalski. Motion carried 7-0. Falsification of information on an application shall be grounds for denial or revocation of a An Ordinance Amending the City of Dubuque permit. Code of Ordinances by adopting a new Section (c) The City Manager shall, upon consideration 11-58.6 Prohibiting the Issuance of Building of the application and the information required Permits for the Construction of Ethanol Plants, herein, approve or reject the application. A Ethanol Processing Facilities, Biodiesel Plants permit shall be valid for a period of one year and Biodiesel Processing Facilities, presented from the date thereof. and read. (d) At the time of filing the application, the OFFICIAL PUBLICATION applicant shall pay to the city a non-refundable ORDINANCE NO. 32-06 permit fee established by the City Manager. AMENDING THE CITY OF DUBUQUE CODE (e) A permit may be revoked or suspended by OF ORDINANCES BY ADOPTING A NEW the City Manager by written notice for a violation SECTION 11-58.6 PROHIBITING THE IS- of any of the provisions of this section or any SUANCE OF BUILDING PERMITS FOR THE other ordinances of the city or the laws of the CONSTRUCTION OF ETHANOL PLANTS, United States or the state of Iowa. The permittee ETHANOL PROCESSING FACILITIES, BIO- may file with the City Clerk a written notice of DIESEL PLANTS AND BIODIESEL appeal to the City Council from the suspension PROCESSING FACILITIES or revocation. (f) A hunter shall comply with all state and local Whereas, the City of Dubuque Zoning Ordin- laws, rules, regulations and ordinances govern-ance allows the construction of ethanol plants, ing hunting; processing facilities, biodiesel plants and biodie- (g) Firearms or other weapons authorized for sel processing facilities in certain zoning dis- hunting and target practice shall be limited to tricts; and bow and arrow, air gun, or shotgun with shot Whereas, the City Council desires to study ammunition size 4-9 excluding slugs; the use of whether the construction of such plants or rifles, pistols, deer slugs, and black powder rifles facilities should be permitted in the City of and all other firearms or other weapons is Dubuque. prohibited. NOW, THEREFORE, BE IT ORDAINED BY (h) The permittee shall notify Police Dispatch at THE CITY COUNCIL OF THE CITY OF DUBU- the Dubuque Law Enforcement Center, on the QUE, IOWA: day on which hunting or target practice will occur Section 1. The City of Dubuque Code of and prior to the commencement of any hunting Ordinances is amended by adopting the follow- or target practice, of the location where the ing new section: hunting or target practice will occur. Sec. 11-58.6. Moratorium on the Construction of (i) A hunter or a person engaged in target Ethanol Plants, Ethanol Processing Facilities, practice shall not discharge a firearm or other Biodiesel Plants and Biodiesel Processing weapon in the direction of any person, livestock, Facilities: building, public street, recreational trail or public The building official shall not issue a permit for waters. any new construction or substantial enlarge- Section 2. This Ordinance shall take effect ment, alteration, repair or remodeling of any upon publication. structure or building for the production of ethanol Passed, approved and adopted this 1st day of or biodiesel fuel or for the processing of ethanol May, 2006. or biodiesel fuel within the City of Dubuque for a /s/ Roy D. Buol, Mayor period of six months from the date of this Ordin- Attest: /s/ Jeanne F. Schneider, City Clerk ance except where a vested right to the is- Published officially in the Telegraph Herald suance of such permit accrued prior to the newspaper this 5th day of May, 2006. effective date of this Ordinance. /s/ Jeanne F. Schneider, City Clerk Any person, firm or corporation aggrieved or 1t 5/5 adversely affected by the building official's Jones moved final consideration and passage refusal to issue a permit pursuant to this morato- of the Ordinance. Seconded by Lynch. Carried rium shall appeal therefrom to the City Council. by the following vote: Yeas—Buol, Connors, The City Council may direct the building official Jones, Lynch. Nays—Braig, Cline, Michalski. to issue a permit where the City Council finds that the refusal to issue a permit would deprive Ethanol and Biodiesel Plants: City Manager the owner of the property of a vested right. recommending approval of implementing a Regular Session, May 1, 2006 163 Section 2. This Ordinance shall take effect Cline moved adoption of the Resolution. upon publication. Seconded by Jones. Motion carried 7-0. Passed, approved and adopted this 1st day of May, 2006. Sister City Committee: Communication from /s/ Roy D. Buol, Mayor Jeffrey L. Walters regarding City Council repre- Attest: /s/ Jeanne F. Schneider, City Clerk sentation on the Sister City Committee, pre- Published officially in the Telegraph Herald sented and read. Jones moved that the com- newspaper this 5th day of May, 2006. munication be received and filed and approved /s/ Jeanne F. Schneider, City Clerk Mayor Buol as representative on this Commit- 1t 5/5 tee. Seconded by Braig. Motion carried 7-0. Connors moved that the requirement that a COUNCIL MEMBER REPORTS proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be Braig questioned the status of the Request for suspended. Seconded by Michalski. Motion Proposals for the bluffs study. carried 7-0. Connors moved final consideration and passage of the Ordinance. Seconded by There being no further business, Braig moved Michalski. Motion carried 7-0. to adjourn. Seconded by Cline. Motion carried 7-0. The meeting adjourned at 7:53 P.M. Iowa Sister States: Communication from Cyndi Chen, President of the Board of Directors of /s/ Jeanne F. Schneider, CMC Iowa Sister States, reporting on activities of the City Clerk organization and requesting support, presented and read. Connors moved that the communica- tion be received and filed and referred to the City Manager. Seconded by Braig. Motion carried 7-0. Contracts and Leases: City Manager recom- mending approval of a resolution authorizing the City Manager to execute contracts and leases on behalf of the City, presented and read. Cline moved that the communication be received and filed with the provision of a monthly report being provided to Council. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 183-06 AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS AND LEASES ON BEHALF OF THE CITY OF DUBUQUE NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The City Manager shall have the authority to sign the following documents on behalf of the City: (a) Public improvement contracts for $25,000 or less; (b) Contracts for the purchase of equipment, materials or services for $50,000 or less; (c) Leases for a term of three years or less; (d) Insurance renewal contracts. The City Manager shall submit a report to the City Council of all such contracts and leases at the first regular City Council meeting of each month. Section 2. The City Manager may delegate the authority granted herein provided such delega- tion is in writing. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk 164 Regular & Special Sessions, May 15, 2006 DUBUQUE DUBUQUE CITY COUNCIL CITY COUNCIL OFFICIAL OFFICIAL PROCEEDINGS PROCEEDINGS City Council, Special Session, May 15, 2006 City Council, Regular Session, May 15, 2006 Council met in Special Session at 5:15 P.M. in Council met at 6:30 P.M. in the Public Library the Library Auditorium Auditorium Present: Mayor Buol, Council Members Braig, Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, City Manager Cline, Connors, Jones, Lynch, Michalski, City Van Milligen Manager Van Milligen, City Attorney Lindahl Absent: City Attorney Lindahl Absent at Roll Call: Council Member Michalski Mayor Buol read the call and stated this is a entered at 6:05 P.M. regular session of the City Council called for the purpose of discussing such matters which may Mayor Buol read the call and stated this is a properly come before the Council. special session of the City Council called for the purpose of discussing the renovation plans for Invocation was given by Father Andrew Eagan the Carnegie Stout Public Library. of the Dubuque Rescue Mission. Alan Avery, Chair of the Library Board of Proclamations: Nursing Home Month (May, Trustees, spoke and introduced the Library 2006) received by Barbara Barker, Administrator Board Members: Susan Lindsay, Michael of Dubuque Nursing and Rehab; and Bike Shubatt, Kristen Smith, Diann Guns, Beverly Safety Month (May, 2006) received by Morning Kotz, Becky Hauder, Library Director Susan Optimists President Jim Unsen and President- Henricks and Architects Bruce Hamous, AIA-M Elect Lou Oswald. and Bradd Brown, AIA of OPN Architects. CONSENT ITEMS Mr. Avery spoke giving the history of the building and gave an overview of the proposed renovation, citing usage of unused and underuti- Minutes and Reports Submitted: Airport lized spaces, while accenting and uncovering Commission of 4/24; Cable TV Regulatory non-used windows and other unique historical Commission of 3/8; City Council of 5/1; Civil elements. Ms. Hendricks clarified the requested Service Commission of 4/20; Environmental funding, including City funds, grants, and other Stewardship Advisory Commission of 5/2; possible funding sources. Historic Preservation Commission of 4/20; Council discussed the proposed renovation Human Rights Commission of 4/10; Investment and questioned the specific funding needs, but Oversight Advisory Commission of 4/26; Park did not commit additional funds at this time. and Recreation Commission of 3/14; Zoning Council requested they be kept updated as to Advisory Commission of 5/3, presented and the project and urged the building of a constitu-read. Connors moved that the minutes be ency to back the project. received and filed. Seconded by Jones. Motion carried 7-0. There being no further business, Connors moved to adjourn. Seconded by Braig. Motion Library Board of Trustees update from the carried 7-0. The meeting adjourned at 6:15 P.M. meeting of April 27, 2006, presented and read. Connors moved that the communication be /s/ Karen M. Chesterman received and filed. Seconded by Jones. Motion Deputy City Clerk carried 7-0. Investment Oversight Advisory Commission 52nd Quarterly Report, presented and read. Connors moved that the communication be received and filed. Seconded by Jones. Motion carried 7-0. Proofs of publication of City Council Proceed- ings of April 17, 2006 and List of Claims and Summary of Revenues for Month ending March 31, 2006, presented and read. Connors moved Regular Session, May 15, 2006 165 that the proofs be received and filed. Seconded $23,010, presented and read. Connors moved by Jones. Motion carried 7-0. that the communication be received and filed. Seconded by Jones. Motion carried 7-0. Notice of Claims/Suits: June Link, et al v. City RESOLUTION NO. 184-06 of Dubuque, et al; James and Genevieve Givens ACCEPTING THE NATIONAL MISSISSIPPI for property damage; David Goetzinger for RIVER MUSEUM AND AQUARIUM - GREAT personal injury; Stacy Jungblut for personal RIVER ROAD INTERPRETIVE SIGNAGE injury; Mark Kressig v. City of Dubuque Ambul- PROJECT ance Service; George and Colleen Smith for property damage; Washington Mutual Bank, Whereas, the contract for the National Missis- F.A. vs. City of Dubuque, et al, presented and sippi River Museum and Aquarium - Great River read. Connors moved that the communications Road Interpretive Signage Project (the Project) be received and filed and referred to the City has been completed and the City Manager has Attorney for investigation/report. Seconded by examined the work and filed a certificate stating Jones. Motion carried 7-0. that the Project has been completed according to the terms of the contract, plans and specifica- City Attorney advising that the following claims tions and that the City Manager recommends have been referred to Public Entity Risk Servic-that the Project be accepted. es of Iowa, the agent for the Iowa Communities NOW THEREFORE, BE IT RESOLVED BY Assurance Pool: George W. Smith for property THE CITY COUNCIL OF THE CITY OF DUBU- damage; Stacy Jungblut for personal injury; QUE, IOWA: James T. Givens for property damage; David Section 1. The recommendation of the City Goetzinger for personal injury, presented and Manager is approved and the Project is hereby read. Connors moved that the communications accepted. be received and filed and concurred. Seconded Section 2. The City Treasurer is hereby by Jones. Motion carried 7-0. directed to pay to the contractor from the Iowa Mississippi River Parkway Commission Grant Worker’s Compensation Claim: City Manager (SBIA-IA03 (2) -- 2T-00) in the amount of recommending approval of the settlement of the $7,310.00; the Iowa Mississippi River Parkway worker’s compensation claim of Margaret Commission Grant (SBIA-IA04 (2) -- 2T-00) in Schemmel, presented and read. Connors moved the amount of $3,200.00; and the remaining that the communication be received and filed match will be funded by the Dubuque County and approved recommendation. Seconded by Historical Society in the amount of $12,500 for Jones. Motion carried 7-0. the contract amount of $23,010.00 less any retained percentage provided for therein as Purchase of Property: City Manager recom-provided in Iowa Code Chapter 573, and to pay mending approval of the purchase of the Gary such retainage only in accordance with the Anderson property at 655 Gillespie Street as provisions of Iowa Code Chapter 573. part of the acquisition program associated with Passed, approved and adopted this 15th day expansion of the Bee Branch Creek Restoration of May, 2006. Project, presented and read. Connors moved Roy D. Buol, Mayor that the communication be received and filed Attest: Karen M. Chesterman, Deputy City Clerk and approved recommendation. Seconded by Connors moved adoption of the Resolution. Jones. Motion carried 7-0. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 185-06 State Historical Society of Iowa: Communica- FINAL ESTIMATE FOR THE NATIONAL tion from the State Historical Society of Iowa MISSISSIPPI RIVER MUSEUM AND AQUA- advising that The Security Building, 800 Main RIUM - GREAT RIVER ROAD INTERPRETIVE Street, will be considered by the State National SIGNAGE PROJECT Register Nominations Review Committee for nomination to the National Register of Historic Whereas, the contract for the National Missis- Places on June 9, 2006, presented and read. sippi River Museum and Aquarium - Great River Connors moved that the communication be Road Interpretive Signage Project has been received and filed. Seconded by Jones. Motion completed and the City Engineer has submitted carried 7-0. his final estimate showing the cost thereof including the cost of estimates, notices and National Mississippi River Museum and inspection and all miscellaneous costs. Aquarium – Great River Road Interpretive NOW THEREFORE, BE IT RESOLVED BY Signage Project: City Manager recommending THE CITY COUNCIL OF THE CITY OF DUBU- acceptance of the National Mississippi River QUE, IOWA: Museum and Aquarium – Great River Road Section 1. That the cost of said improvement Interpretive Signage Project as completed by is hereby determined to be $23,010.00 and the Lange Sign Group in the final contract amount of said amount shall be paid from the: Iowa Missis- 166 Regular Session, May 15, 2006 sippi River Parkway Commission Grant (SBIA- Passed, approved and adopted this 15th day IA03 (2) -- 2T-00) in the amount of $7,310.00; of May, 2006. the Iowa Mississippi River Parkway Commission Roy D. Buol, Mayor Grant (SBIA-IA04 (2) -- 2T-00) in the amount of Attest: Karen M. Chesterman, Deputy City Clerk $3,200.00; and the remaining match will be Connors moved adoption of the Resolution. funded by the Dubuque County Historical Seconded by Jones. Motion carried 7-0. Society in the amount of $12,500. Passed, approved and adopted this 15th day 409 Burch Street (Tabled on February 6, of May, 2006. 2006): City Manager submitting an update on Roy D. Buol, Mayor the rehabilitation of 409 Burch Street and Attest: Karen M. Chesterman, Deputy City Clerk recommending that this item be tabled to June Connors moved adoption of the Resolution. 19, 2006, presented and read. Connors moved Seconded by Jones. Motion carried 7-0. that the communication be received and filed and tabled to the Council Meeting of 6/19/06. Jeld-Wen – Irrevocable License: City Manager Seconded by Jones. Motion carried 7-0. recommending approval of an Irrevocable License for Jeld-Wen Fiber Products to con- HUD Continuum of Care: City Manager struct a dock loading area on Jackson Street recommending approval of the submittal of a and an air-makeup unit on Washington Street, renewal application to the U.S. Department of between 7th and 8th Streets, presented and Housing and Urban Development (HUD) for read. Connors moved that the communication renewal funds for agencies administering be received and filed and approved recommen-Continuum of Care services to homeless per- dation. Seconded by Jones. Motion carried 7-0. sons, presented and read. Connors moved that the communication be received and filed and Fiscal Year 2007 Wage Plan and Compensa-approved. Seconded by Jones. Motion carried 7- tion Package for Non-Bargaining Unit Em-0. ployees: City Manager recommending approval of the Fiscal Year 2007 wage plan and compen- HUD Lead-Based Paint Hazard Control Grant: sation package for non-bargaining unit em-City Manager recommending approval of an ployees, presented and read. Connors moved application to the US Department of Housing that the communication be received and filed. and Urban Development for $2,763,117 for Seconded by Jones. Motion carried 7-0. continuation of the Lead-Based Paint Hazard Prevention Program, presented and read. RESOLUTION NO. 186-06 Connors moved that the communication be APPROVING THE WAGE PLAN AND COM- received and filed and approved recommenda- PENSATION PACKAGE FOR NON- tion. Seconded by Jones. Motion carried 7-0. BARGAINING UNIT EMPLOYEES FOR FIS- CAL YEAR 2007 Notice of Intent to Request Release of Funds – Whereas, the City Manager has recommend-Step by Step Program: City Manager recom- ed that the Non-bargaining Unit Wage Plan for mending approval of the publication of a com- Non-bargaining Unit General Employee classifi-bined Notice of Finding of No Significant Impact cations and the Non-bargaining Unit Wage Plan on the Environment and Notice of Intent to for Non-assigned classifications, with the excep-Request Release of Funds for the Step by Step tion of the classifications of Mayor and City Project, presented and read. Connors moved Council Members, be increased by 3.5% across-that the communication be received and filed. the-board effective July 1, 2006; and Seconded by Jones. Motion carried 7-0. Whereas, the City Council provides a compen- RESOLUTION NO. 187-06 sation package to Non-bargaining Unit em- AUTHORIZING PUBLICATION OF A CON- ployees similar to the compensation package to CURRENT NOTICE OF FINDING OF NO be received by Bargaining Unit employees; and SIGNIFICANT IMPACT ON THE ENVIRON- Whereas, the proposed wage increase for MENT AND NOTICE OF INTENT TO RE- Non-bargaining Unit employees is consistent QUEST RELEASE OF FUNDS FOR THE STEP with the wage increase to be received by em- BY STEP INC. PROJECT ployees represented by the Police Association bargaining unit. Whereas, the City of Dubuque has received a NOW, THEREFORE, BE IT RESOLVED BY Community Development Block Grant (CDBG) THE CITY COUNCIL OF THE CITY OF DUBU-from the U.S. Department of Housing and Urban QUE, IOWA: Development and HOME funds from the Iowa Section 1. That the Non-bargaining Unit Wage Department of Economic Development, and Plan for General Employees and the Non- Whereas, pursuant to the rules and regulations bargaining Unit Wage Plan for Non-assigned as promulgated by the U.S. Department of classifications is hereby approved. Housing and Urban Development, an environ- Regular Session, May 15, 2006 167 mental review has been processed for the Step enforce responsibilities in relation to environ- by Step Inc. Project; and mental review, decision-making and action. Whereas, based on said environmental review, Section 6. That the Mayor of the City of the Department of Housing and Community Dubuque is and he is hereby authorized and Development has determined that said project directed to execute a certification pertaining to will have no significant impact on the environ-the environmental review procedures. th ment; and Passed, approved and adopted this 15day of Whereas, a concurrent notice of " Finding of May 2006. No Significant Impact on the Environment" and Roy D. Buol, Mayor of "Intent to Request Release of Funds" for said Attest: Karen M. Chesterman, Deputy City Clerk project will be sent by regular mail to various Connors moved adoption of the Resolution. federal, state and local public agencies; to the Seconded by Jones. Motion carried 7-0. appropriate Regional Office of the Environmen- tal Protection Agency and to the local news A.Y. McDonald Park, Phase I Project: City media, individuals and groups known to be Manager recommending acceptance of the A.Y. interested and believed to be appropriate to McDonald Park, Phase I Project as completed receive such a notice; and by Portzen Construction, Inc., in the final con- Whereas, any and all comments received as a tract amount of $667,008.00, presented and result of such notice will be duly considered read. Connors moved that the communication before proceeding with a Request for Release of be received and filed. Seconded by Jones. Funds and Certification. Motion carried 7-0. NOW, THEREFORE, BE IT RESOLVED BY RESOLUTION NO. 188-06 THE CITY COUNCIL OF THE CITY OF DUBU- ACCEPTING IMPROVEMENT QUE, IOWA: Section 1. That the Deputy City Clerk be and is Whereas, the contract for the A.Y. McDonald hereby authorized and directed to publish a Park, Phase I Project has been completed and combined Notice of Finding of No Significant the City Manager has examined the work and Impact on the Environment and Notice of Intent filed his certificate stating that the same has to Request Release of Funds for the Step by been completed according to the terms of the Step Inc. Project and to make the Environmental contract, plans and specifications and recom- Review Record for said project available for mends its acceptance. public inspection and comment until 5:00 pm on NOW, THEREFORE, BE IT RESOLVED, BY June 5, 2006. Such notice shall be in the form of THE CITY COUNCIL OF THE CITY OF DUBU- Exhibit "A" attached hereto and made a part QUE, IOWA: hereof. 1. That the recommendation of the City Man- Section 2. That the environmental review ager be approved and that said improvement be record for the project shall be placed on file in and the same is hereby accepted. the Office of the Housing and Community BE IT FURTHER RESOLVED that the City Development where said record may be ex-Treasurer be and he is hereby directed to pay to amined and copied by any interested party. the contractor from the General Fund in amount Section 3. That the Mayor of the City of equal to the amount of his contract, less any Dubuque is hereby authorized and directed to retained percentage provided for therein. submit to the U.S. Department of Housing and Passed, approved and adopted this 15th day Urban Development and the Iowa Department of of May, 2006. Economic Development fifteen (15) days after Roy D. Buol, Mayor publication of appropriate notice a Request for Attest: Karen M. Chesterman, Deputy City Clerk Release of Funds to undertake the said project. Connors moved adoption of the Resolution. Section 4. That the Mayor of the City of Seconded by Jones. Motion carried 7-0. Dubuque is hereby authorized to consent to RESOLUTION NO. 189-06 assume the status of a responsible federal FINAL ESTIMATE official under the National Environmental Protec- tion Act, insofar as the provisions of the said Act Whereas, the contract for the A.Y. McDonald apply to the U.S. Department of Housing and Park, Phase I Project has been completed and Urban Development responsibilities for review, the Engineer has submitted his final estimate decision making, and action assumed and showing the cost thereof including the cost of carried out by the City of Dubuque as to envi-estimates, notices and inspection and all miscel- ronmental issues. laneous costs; Section 5. That the Mayor of the City of NOW, THEREFORE, BE IT RESOLVED, BY Dubuque is hereby authorized to consent THE CITY COUNCIL OF THE CITY OF DUBU- personally, in his official capacity and on behalf QUE, IOWA: of the City of Dubuque, to accept the jurisdiction Section 1. That the cost of said improvement is of the federal courts if an action is brought to hereby determined to be $667,008.00, and the 168 Regular Session, May 15, 2006 said amount shall be paid from the General approved. Seconded by Jones. Motion carried 7- Fund of the City of Dubuque, Iowa. 0. Passed, approved and adopted this 15th day of May, 2006. Banner Requests: City Manager recommend- Roy D. Buol, Mayor ing approval of the design for America’s River Attest: Karen M. Chesterman, Deputy City Clerk Corporation and Dubuque Main Street, Ltd. Connors moved adoption of the Resolution. banners that will be hung on the Town Clock, Seconded by Jones. Motion carried 7-0. presented and read. Connors moved that the communication be received and filed and MCC Iowa LLC (Mediacom) – 2005 Annual approved recommendation. Seconded by Jones. Report: MCC Iowa LLC (Mediacom) submitting Motion carried 7-0. the 2005 Annual Report, presented and read. Connors moved that the communication and Gateway Landscaping Project: City Manager report be received and filed. Seconded by recommending acceptance of the Gateway Jones. Motion carried 7-0. Landscaping Project as completed by Portzen Construction, Inc., in the final contract amount of PEG Access Capital Grant Expenditure: City $764,002.25, presented and read. Connors Manager recommending approval to receive a moved that the communication be received and $14,000 Cable Grant for Access Equipment and filed. Seconded by Jones. Motion carried 7-0. Facilities from the Cable Community Telepro- RESOLUTION NO. 190-06 gramming Commission to be used for purchas- ACCEPTING IMPROVEMENT ing a new message information system for City Channel 8, presented and read. Connors Whereas, the contract for the Gateway moved that the communication be received and Landscaping Project has been completed and filed and approved recommendation. Seconded the City Manager has examined the work and by Jones. Motion carried 7-0. filed his certificate stating that the same has been completed according to the terms of the 2006 Justice Assistance Grant: City Manager contract, plans and specifications and recom- recommending approval and acceptance of the mends its acceptance. 2006 Edward Byrne Memorial Justice Assis- NOW, THEREFORE, BE IT RESOLVED, BY tance Grant (JAG) in the amount of $29,008 to THE CITY COUNCIL OF THE CITY OF DUBU- provide funds for overtime for illegal drug inves-QUE, IOWA: tigations and special enforcement teams, 1. That the recommendation of the City Man- presented and read. Connors moved that the ager be approved and that said improvement be communication be received and filed. Seconded and the same is hereby accepted. by Jones. Motion carried 7-0. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to Technology Transfer Program: City Manager the contractor from the General Fund in amount recommending approval of a 2006 Technology equal to the amount of his contract, less any Transfer Program grant application for the retained percentage provided for therein. purchase of a pre-designated Computer Foren- Passed, approved and adopted this 15th day sics Tool Kit, presented and read. Connors of May, 2006. moved that the communication be received and Roy D. Buol, Mayor filed and approved recommendation. Seconded Attest: Karen M. Chesterman, Deputy City Clerk by Jones. Motion carried 7-0. Connors moved adoption of the Resolution. Seconded by Jones. Motion carried 7-0. Iowa Health Systems Child Safety Program: RESOLUTION NO. 191-06 City Manager recommending approval of the FINAL ESTIMATE City participating in a child safety program sponsored by the Iowa Health Systems (Finley Whereas, the contract for the Gateway Hospital is the local affiliate) and endorsed by Landscaping Project has been completed and the Iowa Department of Public Safety, presented the Engineer has submitted his final estimate and read. Connors moved that the communica-showing the cost thereof including the cost of tion be received and filed. Seconded by Jones. estimates, notices and inspection and all miscel- Motion carried 7-0. laneous costs; NOW, THEREFORE, BE IT RESOLVED, BY ADC Properties – Certificate of Completion: THE CITY COUNCIL OF THE CITY OF DUBU- City Manager recommending approval of the QUE, IOWA: issuance of a Certificate of Completion for ADC Section 1. That the cost of said improvement is Properties, L.C. (Advanced Data-Comm), hereby determined to be $764,002.25, and the presented and read. Connors moved that the said amount shall be paid from the General communication be received and filed and Fund of the City of Dubuque, Iowa. Regular Session, May 15, 2006 169 Passed, approved and adopted this 15th day Landscaping Project, presented and read. of May, 2006. Connors moved that the communication be Roy D. Buol, Mayor received and filed and approved contracts and Attest: Karen M. Chesterman, Deputy City Clerk bonds. Seconded by Jones. Motion carried 7-0. Connors moved adoption of the Resolution. Seconded by Jones. Motion carried 7-0. Business Licenses: RESOLUTION NO. 192-06 Pedestrian Wayfinding Signs Consultant: City Manager recommending approval of the selec- NOW, THEREFORE, BE IT RESOLVED BY tion of Mission Creative to provide graphic THE CITY COUNCIL OF THE CITY OF DUBU- design services for a directional Pedestrian QUE, IOWA: Wayfinding Sign Program for persons traveling That the following having complied with the throughout downtown Dubuque, including the provisions of law relating to the sale of Ciga- Port of Dubuque, presented and read. Connors rettes within the City of Dubuque, Iowa, be moved that the communication be received and granted a permit to sell Cigarettes and Cigarette filed and approved recommendation. Seconded Papers within said City. by Jones. Motion carried 7-0. NEW Rons Discount Smokes / Beverage Center, Request to Vacate: Communication from RKM LLC, 1450 Loras Blvd. Arnold J. Van Etten, representing James and Passed, approved and adopted this 15th day Shirley Christensen, requesting that a portion of of May , 2006. the plat of “North Dubuque” be vacated, pre-Roy D. Buol, Mayor sented and read. Connors moved that the Attest: Karen M. Chesterman, Deputy City Clerk communication be received and filed and Connors moved adoption of the Resolution. referred to the City Manager. Seconded by Seconded by Jones. Motion carried 7-0. Jones. Motion carried 7-0. RESOLUTION NO. 193-06 Historic Preservation Awards Ceremony: Whereas, applications for Beer Permits have Communication from the Historic Preservation been submitted and filed to this Council for Commission inviting the City Council to attend approval and the same have been examined the Ken Kringle Historic Preservation Awards and approved: and Ceremony on May 18, 2006 at the Mandolin Inn, Whereas, the premises to be occupied by presented and read. Connors moved that the such applicants were inspected and found to communication be received and filed. Seconded comply with the Ordinances of the City and have by Jones. Motion carried 7-0. filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY Iowa Department of Economic Development: THE CITY COUNCIL OF THE CITY OF DUBU- Communication from the Iowa Department of QUE, IOWA: Economic Development advising of the success- That the Manager be authorized to cause to be ful completion of the Community Economic issued the following named applicants a Beer Betterment Account (CEBA) Program contract Permit. with Cottingham/Butler Insurance Services, CLASS “B” BEER (5 – DAY SPECIAL EVENT) presented and read. Connors moved that the Catfish Special Event, Catfish Festival, communication be received and filed. Seconded +(Sunday Sale), McDonald Park by Jones. Motion carried 7-0. Dubuque Jaycees, Dubuque Jaycees, Main St Town Clock Consultation on Voluntary Annexation Re-CLASS “B” BEER PERMIT quests: Communication to Wayne Demmer, Ryme DBQ, Inc, Pizza Ranch, +(Sunday Dubuque County Board of Supervisors, regard-Sale), 2020 Radford Rd. ing the voluntary annexation requests of Gary CLASS “C” BEER PERMIT and Mary Beth Valentine, North Cascade Road TFM Co., Oky Doky# 1, +(Sunday Sale), 250 (NCR) Developers, and Tom and Sheri Hen-W. 1st St. schel, presented and read. Connors moved that RKM LLC, Ron’s Discount Smokes, the communication be received and filed and +(Sunday Sale), 1450 Loras Blvd. approved letter. Seconded by Jones. Motion TFM Co. Oky Doky#2, +)Sunday Sale), 51 carried 7-0. W. 32nd St. MC Cann’s Service, Inc., McCann’s Service, Improvement Contracts / Performance, Pay-+(Sunday Sale), 690 W. Locust ment and Maintenance Bonds: Former Water Passed, approved and adopted this 15th day Department and Stealth Racing Building – of May, 2006. Demolition and Site Clearance Project; 2006 Roy D. Buol, Mayor Asphalt Paving Program Project; Port of Dubu-Attest: Karen M. Chesterman, Deputy City Clerk que Parking Lot No. 1 Reconstruction and 170 Regular Session, May 15, 2006 RESOLUTION NO. 195-06 Connors moved adoption of the Resolution. FIXING THE DATE FOR A MEETING OF THE Seconded by Jones. Motion carried 7-0. CITY COUNCIL OF THE CITY OF DUBUQUE, RESOLUTION NO. 194-06 IOWA ON THE PROPOSED ISSUANCE OF URBAN RENEWAL TAX INCREMENT REVE- Whereas, applications for Liquor Licenses NUE OBLIGATIONS AND THE EXECUTION have been submitted to this Council for approval OF A DEVELOPMENT AGREEMENT RELAT- and the same have been examined and ap- ING THERETO WITH HWY 151 & 61 DEVEL- proved; and OPMENT, LLC, AND PROVIDING FOR THE Whereas, the premises to be occupied by such PUBLICATION OF NOTICE THEREOF applicants were inspected and found to comply with the State Laws and all City Ordinances Whereas, it is deemed necessary and advisa- relevant thereto and they have filed proper ble that the City of Dubuque (City) vacate certain bonds. utility easements located on property owned by NOW, THEREFORE, BE IT RESOLVED BY Hwy 151 & 61 Development, LLC (Developer); THE CITY COUNCIL OF THE CITY OF DUBU-and QUE, IOWA: Whereas, in consideration of certain utility That the Manager be authorized to cause to be easements to be granted by Developer to City issued the following named applicants a Liquor for the Bee Branch storm sewer along the License. western edge of the property, City intends to CLASS “A” LIQUOR LICENSE grant Developer an option to acquire certain City Dubuque Golf & Country Club, Dubuque Golf property located south of 16th Street directly and Country Club, +(Sunday/Outdoor), 1800 across from the development site; and Randall Whereas, it is deemed necessary and advisa- CLASS “C” BEER/LIQUOR LICENSE ble that City should issue Urban Renewal Tax Miller Enterprises, Busted Lift, Increment Revenue obligations, as authorized +(Sunday/Outdoor Sale), 80 Main St. by Chapter 403 of the Code of Iowa, and to DBQ Casino Hotel, Houlihans/Hilton Garden enter into a Development Agreement relating Inn thereto with Developer for the purpose of carry- (Outdoor Sale), 1801 Greyhound Rd. ing out an Urban Renewal Plan as hereinafter Michael Kalmes, Breaktime Bar & Grill, described; and +(Sunday Sale), 1097 Jackson St. Whereas, before said obligations may be Cooper Management Co., Brick-approved, Chapter 403 of the Code of Iowa town/Stonewall requires that the City Clerk publish a notice of Lounge+(Sunday Sale), 299 Main St. the proposal and of the time and place of the Beverly Larsen, Denny’s Lux Club, +(Sunday meeting at which the City Council proposes to Sale), 3050 Asbury Rd. take action thereon and at which meeting the CLASS “B” WINE PERMIT City Council shall receive oral and/or written TFM Co., Oky Doky# 2, 51 W. 32nd St. objections from any resident or property owner Passed, approved and adopted this 15th day of said City to such proposed action. of May , 2006 NOW THEREFORE, BE IT RESOLVED BY Roy D. Buol, Mayor THE CITY COUNCIL OF THE CITY OF DUBU- Attest: Karen M. Chesterman, Deputy City Clerk QUE, IOWA: Connors moved adoption of the Resolution. Section 1. That the City Council meet in the Seconded by Jones. Motion carried 7-0. Auditorium of the Carnegie-Stout Public Library in Dubuque, Iowa, at 6:30 p.m. on the 5th day of ITEMS TO BE SET FOR PUBLIC HEARING June, 2006, for the purpose of vacating certain utility easements, providing an option on certain Hwy 151 & 61 Development, LLC Develop-City owned land south of 16th Street, and taking ment Agreement: City Manager recommending action on the matter of the issuance of Urban that a public hearing be set for June 5, 2006 to Renewal Tax Increment Revenue obligations consider approval of a development agreement and the execution of a Development Agreement with Hwy 151 & 61 Development, LLC that relating thereto with Hwy 151 & 61 Develop- provides for public financial assistance and other ment, LLC, the proceeds of which will be used to considerations for the redevelopment of the carry out certain of the special financing activi- former Smithfield property on 16th Street, ties described in the Urban Renewal Plan for the presented and read. Cline moved that the Kerper Boulevard Industrial Park Economic communication be received and filed. Seconded Development District, consisting of the funding by Lynch. Motion carried 7-0. of economic developments grants to Hwy 151 & 61 Development, LLC pursuant to a Develop- ment Agreement entered into with Hwy 151 & 61 Development, LLC under the terms and condi- tions of said Urban Renewal Plan. It is expected Regular Session, May 15, 2006 171 that the aggregate amount of the Tax Increment to consider a request from John and Sally Jo Revenue obligations will be $5 million more or Herrig to rezone property located south of Derby less, due to assessment increases and/or tax Grange Road in Dubuque County from County rate adjustments. A1 Agricultural to City AG Agricultural District, R- Section 2. That the Clerk is hereby directed to 3 Moderate Density Multi-Family Residential cause at least one publication to be made of a District and C-3 General Commercial District in notice of said meeting, in a newspaper, printed conjunction with annexation to the City of wholly in the English language, published at Dubuque and Zoning Advisory Commission least once weekly, and having general circula-recommending approval with conditions and that tion in said City, said publication to be not less the property be rezoned to R-2 Two-Family than four days nor more than twenty days before Residential, and an Ordinance Amending the date of said meeting on the issuance of said Appendix A (the Zoning Ordinance) of the City of obligations. Dubuque Code of Ordinances by reclassifying Section 3. That the notice of the proposed hereinafter described property located south of action to issue said obligations shall be in Derby Grange Road from County A1 Agricultural substantially the form attached hereto. to City AG Agricultural District, R-3 Moderate Passed, approved and adopted this 15th day Density Multi-Family Residential District and C-3 of May, 2006. General Commercial District in conjunction with Roy D. Buol, Mayor annexation to the City of Dubuque, presented Attest: Karen M. Chesterman, Deputy City Clerk and read. Cline moved that this be set for public Cline moved adoption of Resolution No. 195-hearing on 6/19/06 at a meeting to commence at 06 Intent to dispose of an interest in City real 6:30 P.M. in the public library auditorium and estate and easements and fixing the date for a direct the City Clerk to publish notice in the Public Hearing of the City Council of the City of manner prescribed by law. Seconded by Lynch. Dubuque, Iowa, on the proposed issuance of Motion carried 7-0. Urban Renewal Tax Increment Revenue Obliga- tions and the Execution of a Development Dean and Patricia Butler – Request to Rezone: Agreement relating thereto with Hwy 151 & 61 Setting a public hearing for June 19, 2006 to Development, LLC, and providing for the publi-consider a request from Dean and Patricia cation of Notice thereof and set public hearing Butler to rezone property located south of Derby for 6/5/06 at a meeting to commence at 6:30 Grange Road in Dubuque County from County P.M. in the public library auditorium and direct A1 Agricultural District to City R-3 Moderate the City Clerk to publish notice in the manner Density Multi-Family Residential District in prescribed by law. Seconded by Lynch. Motion conjunction with annexation to the City of carried 7-0. Dubuque and the Zoning Advisory Commission recommending approval with the condition that Wendell Corey, Motor City LLC – Request to the property is rezoned R-2 Two-Family Resi- Rezone: Setting a public hearing for June 19, dential District, and an Ordinance Amending 2006 to consider a request from Wendell Corey, Appendix A (the Zoning Ordinance) of the City of Motor City LLC to rezone property located north Dubuque Code of Ordinances by reclassifying of Asbury Plaza Shopping Center in Dubuque hereinafter described property located south of County from County AG Agricultural District to Derby Grange Road in Dubuque County from City PUD Planned Unit Development with a PC County A1 Agricultural District to City R-3 Planned Commercial designation in conjunction Moderate Density Multi-Family Residential with annexation to the City of Dubuque and District in conjunction with annexation to the City Zoning Advisory Commission recommending of Dubuque, presented and read. Cline moved approval, and an Ordinance Amending Appendix that this be set for public hearing on 6/19/06 at a A (the Zoning Ordinance) of the City of Dubuque meeting to commence at 6:30 P.M. in the public Code of Ordinances by reclassifying hereinafter library auditorium and direct the City Clerk to described property located north of Asbury publish notice in the manner prescribed by law. Plaza Shopping Center from County AG Agricul-Seconded by Lynch. Motion carried 7-0. tural District to City PUD Planned Unit Develop- ment with a PC Planned Commercial designa- Wendell Corey, Motor City LLC – Request for tion in conjunction with annexation, presented Voluntary Annexation: City Manager recom- and read. Cline moved that this be set for public mending that a public hearing be set for June hearing on 6/19/06 at a meeting to commence at 19, 2006 to consider a request from Wendell 6:30 P.M. in the public library auditorium and Corey, Motor City LLC to voluntarily annex to direct the City Clerk to publish notice in the the City of Dubuque contingent on approval of manner prescribed by law. Seconded by Lynch. the zoning and the annexation agreement, Motion carried 7-0. presented and read. Cline moved that the communication be received and filed and public John and Sally Jo Herrig – Request to Re-hearing set for 6/19/06 at a meeting to com- zone: Setting a public hearing for June 19, 2006 mence at 6:30 P.M. in the public library audito- 172 Regular Session, May 15, 2006 RESOLUTION NO. 197-06 rium and direct the City Clerk to publish notice in FIXING DATE OF HEARING ON PLANS AND the manner prescribed by law. Seconded by SPECIFICATIONS Lynch. Motion carried 7-0. Whereas, the City Council of the City of John and Sally Jo Herrig – Request for Volun-Dubuque, Iowa has given its preliminary ap- tary Annexation: City Manager recommending proval on the proposed plans, specifications, that a public hearing be set for June 19, 2006 to and form of contract and placed same on file in consider a request from John and Sally Jo the office of the City Clerk for public inspection th Herrig to voluntarily annex to the City of Dubu-of the 5 Street Reconstruction Project – Delhi que contingent on approval of the zoning and Street to Alpine Street. the annexation agreement, presented and read. NOW THEREFORE, BE IT RESOLVED BY Cline moved that the communication be re-THE CITY COUNCIL OF THE CITY OF DUBU- ceived and filed and public hearing set for QUE, IOWA: th 6/19/06 at a meeting to commence at 6:30 P.M. That a public hearing will be held on the 5 in the public library auditorium and direct the day of June, 2006, at 6:30 p.m. in the Public City Clerk to publish notice in the manner Library Auditorium at which time interested prescribed by law. Seconded by Lynch. Motion persons may appear and be heard for or against carried 7-0. the proposed plans and specifications, form of contract and cost of said improvement, and the Dean and Patricia Butler – Request for Volun-City Clerk be and is hereby directed to cause a tary Annexation: City Manager recommending notice of time and place of such hearing to be that a public hearing be set for June 19, 2006 to published in a newspaper having general consider a request from Dean and Patricia circulation in the City of Dubuque, Iowa, which Butler to voluntarily annex to the City of Dubu-notice shall be not less than four days nor more que contingent on approval of the zoning and than twenty days prior to the day fixed for its the annexation agreement, presented and read. consideration. At the hearing, any interested Cline moved that the communication be re-person may appear and file objections to the ceived and filed and public hearing set for proposed plans, specifications, contract, or 6/19/06 at a meeting to commence at 6:30 P.M. estimated cost of the improvement. th in the public library auditorium and direct the Passed, adopted and approved this 15 day of City Clerk to publish notice in the manner May, 2006. prescribed by law. Seconded by Lynch. Motion Roy D. Buol, Mayor carried 7-0. Attest: Karen M. Chesterman, Deputy City Clerk Cline moved adoption of the Resolution. Fifth Street Reconstruction – Alpine to Delhi Seconded by Lynch. Motion carried 7-0. Project: City Manager recommending initiation of RESOLUTION NO. 198-06 the public bidding process for the Fifth Street ORDERING BIDS Reconstruction – Alpine to Delhi Project and that a public hearing to consider the plans and NOW THEREFORE, BE IT RESOLVED BY specifications be set for June 5, 2006, presented THE COUNCIL OF THE CITY OF DUBUQUE, and read. Cline moved that the communication IOWA: th be received and filed. Seconded by Lynch. That the 5 Street Reconstruction Project – Motion carried 7-0. Delhi Street to Alpine Street is hereby ordered to be advertised for bids for construction. RESOLUTION NO. 196-06 BE IT FURTHER RESOLVED that the amount PRELIMINARY APPROVAL OF PLANS AND of the security to accompany each bid shall be in SPECIFICATIONS an amount which shall conform to the provisions NOW THEREFORE, BE IT RESOLVED BY of the Notice to Bidders hereby approved as a THE CITY COUNCIL OF THE CITY OF DUBU-part of the plans and specifications heretofore QUE, IOWA: adopted. That the proposed plans, specifications, form That the City Clerk is hereby directed to th of contract and estimated cost for the 5 Street advertise for bids for the construction of the Reconstruction Project – Delhi Street to Alpine improvements herein provided, to be published Street in the estimated amount of $1,294,539.71 in a newspaper having general circulation in the are hereby approved and ordered filed in the City of Dubuque, Iowa, which notice shall not be office of the City Clerk for public inspection. less than four days nor more than forty-five days th Passed, adopted and approved this 15 day of prior to the receipt of said bids at 2:00 p.m. on th May, 2006. the 8 day of June, 2006. Bids shall be opened Roy D. Buol, Mayor and read by the City Clerk at said time and will Attest: Karen M. Chesterman, Deputy City Clerk be submitted to the Council for final action at th Cline moved adoption of the Resolution. 6:30 p.m. on the 19 day of June, 2006. Seconded by Lynch. Motion carried 7-0. Regular Session, May 15, 2006 173 th RESOLUTION NO. 200-06 Passed, adopted and approved this 15 day of FIXING DATE OF HEARING ON RESOLUTION May, 2006. OF NECESSITY Roy D. Buol, Mayor Attest: Karen M. Chesterman, Deputy City Clerk Whereas, the City Council of the City of Cline moved adoption of the Resolution. Dubuque, Iowa, has given its preliminary ap- Seconded by Lynch. Motion carried 7-0. proval on the proposed plans, specifications and form of contract and placed same on file in the RESOLUTION NO. 199-06 office of the City Clerk for public inspection for th RESOLUTION OF NECESSITY the 5 Street Reconstruction Project – Delhi Whereas, proposed plans have been duly Street to Alpine Street; and prepared and approved by the City Council of Whereas, the proposed Resolution of Necessi- the City of Dubuque and are now on file in the ty for said improvement has been introduced office of City Clerk showing among other things and is now on file in the City Clerk's office for the plans, specifications, form of contract, public inspection. estimated cost and preliminary plat and sche- NOW THEREFORE, BE IT RESOLVED BY dule showing the amount proposed to be as-THE CITY COUNCIL OF THE CITY OF DUBU- sessed against each lot and the valuation of QUE, IOWA: thth each lot as filed by the City Council, for the 5 That on the 5 day of June, 2006, a public Street Reconstruction Project – Delhi Street to hearing will be held at 6:30 p.m. in the Public Alpine Street. Library Auditorium in the City of Dubuque at NOW THEREFORE, BE IT RESOLVED BY which time the owners of property subject to THE CITY COUNCIL OF THE CITY OF DUBU-assessment for the proposed improvement or QUE, IOWA: any other person having an interest in the matter That the City Council deems it advisable and may appear and be heard for or against the necessary for the public welfare to make the making of the improvement, the boundaries of herein mentioned improvements, and unless the district, the cost, the assessment against any property owners at the time of the final consid-lot, or the final adoption of a Resolution of eration of this proposed resolution have on file Necessity and the City Clerk be and is hereby with the City Clerk objections to the Resolution authorized and directed to cause a notice of time of Necessity, they shall be deemed to have and place of such hearing to be published in a waived all objections pertaining to the regularity newspaper having general circulation in the City of the proceeding and the legality of using the of Dubuque, Iowa, which notice shall be pub- special assessment procedure. lished once each week for two consecutive Said improvements shall be constructed and weeks, the first publication of which shall be not done in accordance with the plans and specifica-less than ten days prior to the day fixed for its tions which have been approved by the City consideration. Unless property owners at the Council and now on file with the City Clerk. That time of the final consideration of this proposed the cost and expense of making such improve-resolution have on file with the City Clerk objec- ment will be assessed partially or totally against tions to the Resolution of Necessity they shall be privately owned property lying with the assess-deemed to have waived all objections thereto. th ment limits, and in an amount not to exceed that Passed, adopted and approved this 15 day of provided by law, and in proportion to the special May, 2006. benefits conferred. Roy D. Buol, Mayor The portion of the cost which shall be borne by Attest: Karen M. Chesterman, Deputy City Clerk the City will be paid from the Fiscal Year 2007 Cline moved adoption of the Resolution. Street Construction Program, Watermain Re-Seconded by Lynch. Motion carried 7-0. placement Program, Street Program Related RESOLUTION NO. 201-06 Sanitary Sewer Improvements, Fiber Optic APPROVING PRELIMINARY SCHEDULE OF Conduit – Private Subdivisions and Miscellane- ASSESSMENTS ous Projects, and special assessment bonds may be issued in anticipation of deferred pay-NOW, THEREFORE, BE IT RESOLVED BY ments of special assessments when a contract THE CITY COUNCIL OF THE CITY OF DUBU- has been performed and accepted, and the QUE, IOWA: proceeds thereof used to pay the contractor. That the attached sheet(s), Pages 1 to 4 The above resolution was introduced, ap-inclusive, are hereby determined to be the th proved and ordered placed on file with the City schedule of proposed assessments for the 5 th Clerk this 15 day of May, 2006. Street Reconstruction Project – Delhi Street to Approved and placed on file for final action. Alpine Street and the valuations set out herein Roy D. Buol, Mayor are hereby approved. th Attest: Karen M. Chesterman, Deputy City Clerk Passed, approved and adopted this 15 day Cline moved adoption of the Resolution. of May, 2006. Seconded by Lynch. Motion carried 7-0. Roy D. Buol, Mayor Attest: Karen M. Chesterman, Deputy City Clerk 174 Regular Session, May 15, 2006 Cline moved adoption of the Resolution. Cline moved adoption of the Resolution. Seconded by Lynch. Motion carried 7-0. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 204-06 Five Flags Arena Fall Protection Project: City ORDERING BIDS Manager recommending initiation of the public bidding process for the Five Flags Arena Fall BE IT RESOLVED BY THE COUNCIL OF Protection Project and that a public hearing to THE CITY OF DUBUQUE, IOWA: consider the plans and specifications be set for That the Five Flags Arena Fall Protection June 19, 2006, presented and read. Cline Project is hereby ordered to be advertised for moved that the communication be received and bids for construction. filed. Seconded by Lynch. Motion carried 7-0. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in RESOLUTION NO. 202-06 an amount which shall conform to the provisions PRELIMINARY APPROVAL OF PLANS AND of the notice to bidders hereby approved as a SPECIFICATIONS part of the plans and specifications heretofore BE IT RESOLVED BY THE CITY COUNCIL adopted. OF THE CITY OF DUBUQUE, IOWA: That the City Clerk is hereby directed to That the proposed plans, specifications, form advertise for bids for the construction of the of contract and estimated cost for the Five Flags improvements herein provided, to be published Arena Fall Protection Project, in the estimated in a newspaper having general circulation in the amount of $175,000, are hereby approved and City of Dubuque, Iowa, which notice shall not be ordered filed in the office of the City Clerk, for less than four days nor more than forty-five days public inspection. prior to the receipt of said bids at 2:00 p.m. on Passed, approved and adopted this 15th day the 8th day of June, 2006. Bids shall be opened of May, 2006. and read by the City Clerk at said time and will Roy D. Buol, Mayor be submitted to the Council for final action at Attest: Karen M. Chesterman, Deputy City Clerk 6:30 p.m. on the 19th day of June, 2006. Cline moved adoption of the Resolution. Passed, approved and adopted this 15th day Seconded by Lynch. Motion carried 7-0. of May, 2006. Roy D. Buol, Mayor RESOLUTION NO. 203-06 Attest: Karen M. Chesterman, Deputy City Clerk FIXING DATE OF HEARING ON PLANS AND Cline moved adoption of the Resolution. SPECIFICATIONS Seconded by Lynch. Motion carried 7-0. WHEREAS, the City Council of the City of BOARDS/COMMISSIONS Dubuque, Iowa has given its preliminary ap- proval on the proposed plans, specifications, and form of contract and placed same on file in Applicants are invited to address the Council the office of the City Clerk for public inspection regarding their desire to serve on the following of the Five Flags Arena Fall Protection Project. Boards/Commissions: NOW, THEREFORE, BE IT RESOLVED, BY Civil Service Commission (One four-year term THE CITY COUNCIL OF THE CITY OF DUBU-through 4/6/10 – term of Kluesner) QUE, IOWA, that on the 19th day of June, 2006, Applicant: Loras Kluesner No one spoke. a public hearing will be held at 6:30 p.m. in the PUBLIC HEARINGS Public Library Auditorium, at which time inter- ested persons may appear and be heard for or against the proposed plans and specifications, Michalski moved that the rules be suspended form of contract and cost of said improvement, to allow anyone present to address the Council. and the City Clerk be and is hereby directed to Seconded by Braig. Motion carried 7-0. cause a notice of time and place of such hearing to be published in a newspaper having general Request to Rezone – Alter Scrap Processing / circulation in the City of Dubuque, Iowa, which Tschiggfrie Excavating Company: Proof of notice shall be not less than four days nor more publication on notice of hearing to consider than twenty days prior to the day fixed for its rezoning property located at 190 North Crescent consideration. At the hearing, any interested Ridge from CS Commercial Service and Whole- person may appear and file objections to the sale District and C-3 General Commercial proposed plans, specifications, contract, or District to PI Planning Industrial District as estimated cost of the improvement. requested by Alter Scrap Processing/Tschiggfrie Passed, approved and adopted this 15th day Excavating Company and Zoning Advisory of May, 2006. Commission recommending approval; City Roy D. Buol, Mayor Manager response to the concerns raised in the Attest: Karen M. Chesterman, Deputy City Clerk communication from the Humane Society which was referred to staff by the City Council at the Regular Session, May 15, 2006 175 May 1, 2006 meeting; Communication from moved within twenty days and the company is Stephen C. Krumpe, representing Medical committed to being a good neighbor. Associates Clinic and Medical Associates Bob Hartig, representing Medical Associates, Realty, in opposition to the proposed rezoning spoke objecting to the proposed rezoning. He and requesting that he be allowed fifteen mi-stressed that this rezoning was turned down in nutes to address the Council; Communication December and nothing has really changed. He from Jeffrey L. Gonner, Medical Associates showed various photos of the view of the pro- Chief Financial Officer, submitting information in posed site for the recycling plant from the opposition to the proposed rezoning; Communi-nearby offices of Medical Associates and Oak cation from the Humane Society of Scott County Park Place Retirement and Assisted Living in support of the proposed rezoning for Alter buildings. He objected to the noise and view that Scrap Processing/Tschiggfrie Excavating would impact the citizens that live there. Company; Communication from Stephen C. Guy Jackson, Alter Scrap’s Director of Safety Krumpe submitting protest letters signed by a and Management, stressed that Alter is a good majority of the owners of property within 200 feet corporate citizen and they had hired a neutral of 190 North Crescent Ridge; Communication third-party, Liberty Mutual, to do a noise survey. from the Dubuque Regional Humane Society in He stated that the noise would be at acceptable opposition to the proposed rezoning request of levels. Dawne O’Meara, Alter Salvage/Tschiggfrie Dennis Waugh, IIW Engineers, delivered a Excavating for 190 North Crescent Ridge PowerPoint presentation showing the various (presented at May 1, 2006 City Council meet-computer renderings of the nearby buildings ing); Communication of L. Peter Alt, M.D. of clarifying the views each would be afforded. He Medical Associates objecting to rezoning for distributed a booklet with photos and graphs scrap processing usage; Communication of illustrating this. Scott Frank, President and CEO of Oak Park Attorney Steve Krumpe, on behalf of Medical Place, objecting to the proposed rezoning for a Associates, objected to the rezoning proposal, recycling scrap yard and requesting that the stating that truck traffic will increase, perhaps nearby parkland, given by Medical Associates, leaving debris on the highways. He stressed that should stay a park-like setting; Communication Medical Associates and Oak Park Place were of Clay Wilwert, President of Wilwert’s, objecting each a $13 million investment in Dubuque. to the proposed rezoning citing a safety concern Property values would diminish with this usage. for his customers if debris is dropped from trucks He stated that the City has RFP’s out for a new delivering scrap; Communication of Public Unified Development Code which would study Health Specialist Mary Rose Corrigan stating the City’s entire zoning system. He stressed this there have been no noise complaints at the is not a good rezoning for this western gateway present site of this business, 180 Harrison to Dubuque area. Street; Communication of Attorney Gary Norby, Bob Hartig spoke stressing that the Vision representing Tschiggfrie Excavating Company 2010 plan has hiking and biking trails as a and Alter Trading Company, stating the pro-priority. Medical Associates gave the City posed rezoning of 190 N. Crescent Ridge is several acres along the creek to provide for a proper and in the public interest; Communica-trail and this trail area is listed in the City code tion of James Schumacher of LaMar Advertising and should be kept for the biking and hiking trail. stating the rescinding of their original letter of The impact noise of trucks, three cranes, and a opposition to the proposed rezoning, presented shaker table would be very noisy. and read. Terry Koelker of Buesing and Associates Dawne O’Meara, General Manager of Alter spoke and showed photographs of the impacted Scrap Processing, spoke introducing the owner-areas. ship, management and consultant team of Alter Dr. Mark Runde, Board President of Medical Scrap: Rob Goldstein, Bob Rosencrantz, Bob Associates Clinic, spoke and stressed Medical Ellis, Guy Jackson, Environmental Sanitarian Associate’s 80 plus year presence in Dubuque, Sarah Sycking, Engineers Dennis & Tim Waugh including 10 years as a good neighbor on the and Corporate Counsel Gary Norby. west side of town, and requested Council turn Ms. O’Meara requested Council approval for down the proposed Ordinance allowing the the rezoning to give the Company a larger place relocation of Alter Scrap Recycling Plant. for relocation. Their present location, 180 Bill Latham, 35 Oak Grove Drive, spoke Harrison, is only one acre and the new site objecting, stating this is not a good usage near would rezone 7.9 acres of the 22 acre site. The their residential neighborhood. company will spend $3 million to relocate and Vince Wernimont, 65 Oak Grove Drive, spoke has a huge commitment to Dubuque with their agreeing with all in opposition, stressing that long presence here. They employ eleven em-their private wells have been unusable at times ployees with good pay and benefits and expect and with Alter’s proposed expansion there would to add more. They have operated for 23 years be more noise, shaking impact and lots of truck with no citations and stressed that all scrap is traffic. He was born and raised near this area 176 Regular Session, May 15, 2006 and stated that during flooding this area would AG Agricultural District to CS Commercial be under water. Services and Wholesale District as requested by Dennis Ries, Manager of the Comfort Inn, Thomas and Valorie Zalaznik/Edward and spoke stating they have been there for 16 years Valorie Zalaznik and Zoning Advisory Commis- and have 150-210 people stay each night. Their sion recommending denial and an Ordinance customers walk to various nearby businesses Amending Appendix A (the Zoning Ordinance) of and more traffic and congestion would inhibit the City of Dubuque Code of Ordinances by and endanger them. reclassifying property located north of Crescent Greg Paulsen, 1941 Coates Street, Ridge Road from AG Agricultural District to CS representing his parents who reside at Oak Park Commercial Services and Wholesale District. Place, spoke objecting to the noise, stating even now the nearby railroad is noisy. Request to Rezone – 605 Peru Road: Proof of Clay Wilwert, 145 N. Crescent Ridge, spoke publication on notice of hearing to consider and stated he spent $3.2 million to put up a rezoning property located at 605 Peru Road state-of-the-art business and warned that from R-1 Single-Family Residential District to LI dropped nails or debris from trucks using Alter Light Industrial District as requested by Robert Scrap Recycling would impact the safety of his Clauer and Zoning Advisory Commission re- motorcycle customers. commending approval, with conditions, pre- Galen Kroger, Internal Auditor for Alter, sented and read. Michalski moved that the proof stressed that the company has been looking for and communication be received and filed. room to expand for ten years, that this is not a Seconded by Connors. Motion carried 7-0. junkyard but rather a recycling facility. An Ordinance Amending Appendix A (the Leonard Weis, 20 Oak Grove Dr., stated he Zoning Ordinance) of the City of Dubuque Code has lived in his home for 33 years, raised 12 of Ordinances by reclassifying property located children there, and has continued to upgrade, at 605 Peru Road from R-1 Single-Family add to and renovate his property, and objected Residential District to LI Light Industrial District, to the proposed rezoning. with conditions, presented and read. Environmental Sanitarian Sarah Sycking OFFICIAL PUBLICATION spoke stressing the measures that would be ORDINANCE NO. 33-06 taken to mitigate any detrimental environmental AN ORDINANCE AMENDING APPENDIX A problems. (THE ZONING ORDINANCE) OF THE CITY OF Jeff Gonner, 1012 Barbaralee, as a Medical DUBUQUE CODE OF ORDINANCES BY Associates employee, objected to the proposed RECLASSIFYING HEREINAFTER DE- rezoning. SCRIBED PROPERTY LOCATED AT 605 Rob Goldstein, CEO of Alter Scrap Processing PERU ROAD FROM R-1 SINGLE-FAMILY Company, spoke and stressed Alter’s integrity RESIDENTIAL DISTRICT TO LI LIGHT IN- and requested Council support in this venture. DUSTRIAL DISTRICT, WITH CONDITIONS Ed Tschiggfrie, 400 Julien Dubuque Drive, spoke clarifying any stormwater problems on NOW, THEREFORE, BE IT ORDAINED BY this site. THE CITY COUNCIL OF THE CITY OF DUBU- An Ordinance Amending Appendix A (the QUE, IOWA: Zoning Ordinance) of the City of Dubuque Code Section 1. That Appendix A (The Zoning of Ordinances by reclassifying hereinafter Ordinance) of the City of Dubuque Code of described property located at 190 North Cres-Ordinances is hereby amended by reclassifying cent Ridge from CS Commercial Service and the hereinafter-described property from R-1 Wholesale District and C-3 General Commercial Single-Family Residential District to LI Light District to PI Planned Industrial District, pre-Industrial, with conditions, to wit: sented and read. Michalski moved to receive Lot 1 and Lot 2 Maple Leaf Addition No. 2, and and file the proof and communications and to the centerline of the adjoining public right-of- consider this the first reading of the Ordinance. way, all in the City of Dubuque, Iowa. Seconded by Jones. Motion failed due to the Section 2. The foregoing amendment has following vote: Yeas—Cline, Connors, Michalski. heretofore been reviewed by the Zoning Advi- Nays—Braig, Buol, Jones, Lynch. sory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect At 9:56 Council recessed. immediately upon publication, as provided by At 10:05 Council reconvened. law. Passed, approved and adopted this 15th day Communication of Thomas Zalaznik withdraw-of May, 2006. ing the following rezoning request: Request to Roy D. Buol, Mayor Rezone – Thomas Zalaznik: Proof of publication Attest: Karen M. Chesterman, Deputy City Clerk on notice of hearing to consider rezoning proper- ty located north of Crescent Ridge Road from Regular Session, May 15, 2006 177 MEMORANDUM OF AGREEMENT Michalski moved that the requirement that a Pursuant to the Iowa Code Section 414.5 proposed Ordinance be considered and voted (2005), and as an express condition of rezoning on for passage at two Council Meetings prior to of the property described as: the meeting at which it is to be finally passed be Lot 1 and Lot 2 Maple Leaf Addition No. 2, and suspended. Seconded by Connors. Motion to the center line of the adjoining public right-of-carried 7-0. Michalski moved that this be the way, all in the City of Dubuque, Iowa. final consideration and adoption of the Ordin- which is the subject of Ordinance No. 33-06, a ance. Seconded by Jones. Motion carried 7-0. copy of which is attached hereto and incorpo- rated herein by reference, the undersigned Request to Rezone – Uelner Precision Tool property owners, agree to the following condi-and Die: Proof of publication on notice of hear- tions, all of which the property owner further ing to consider amending the Dubuque Industrial agrees are reasonable and are imposed to Center Planned Unit Development (PUD) District satisfy public needs which are caused directly by to modify maximum lot coverage and setbacks the rezoning: along street frontages as requested by Uelner A) Conditions Precision Tool and Die/Greater Dubuque Devel- 1) The property be rezoned to CS Commer-opment Corporation and Zoning Advisory cial Service and Wholesale District. Commission recommending approval, presented 2) The building height be limited to 20 feet. and read. Michalski moved that the proof and 3) Access is limited to Peru Road only. communication be received and filed. Seconded 4) No outside storage of unlicensed vehicles by Connors. Motion carried 7-0. is permitted. Dan McDonald, Greater Dubuque Develop- B) Reclassification of the Subject Property. The ment Corporation, 300 Main Street, praised City of Dubuque, Iowa may initiate zoning Uelner Precision Tool and Die for investing a lot reclassification proceedings to the R-1 Single-of money in their business. Family Residential District (which rezoning will include the removal of the performance stan- An Ordinance Amending Appendix A (the dards in Section A above) if the property owner Zoning Ordinance) of the City of Dubuque Code fails to complete any of the conditions or provi-of Ordinances by adopting a revised Planned sions of this Agreement. Unit Development Ordinance for the Dubuque C) Modifications. Any modifications of this Industrial Center Phases I And II located at the Agreement shall be considered a zoning reclas-southwest corner of Highway 32 (Northwest sification and shall be subject to the provisions Arterial) and Chavenelle Road and by repealing of the Zoning Ordinance governing zoning Ordinance 69-98, Ordinance 5-99, Ordinance reclassifications. All such modifications must be 40-00 and Ordinance 18-02, presented and approved by the City Council of Dubuque, Iowa. read. D) Recording. A copy of this Agreement shall be OFFICIAL PUBLICATION recorded with the Dubuque County Recorder as ORDINANCE NO. 34-06 a permanent record of the conditions accepted AMENDING APPENDIX A (THE ZONING as part of this rezoning approval within ten (10) ORDINANCE) OF THE CITY OF DUBUQUE days of the adoption of Ordinance No. 33-06. CODE OF ORDINANCES BY ADOPTING A E) Construction. This Agreement shall be REVISED PLANNED UNIT DEVELOPMENT construed and interpreted as though it were part ORDINANCE FOR THE DUBUQUE INDUS- of Appendix A of the Code of Ordinances of the TRIAL CENTER PHASES I AND II LOCATED City of Dubuque, also known as the Zoning AT THE SOUTHWEST CORNER OF HIGH- Ordinance of the City of Dubuque, Iowa. WAY 32 (NORTHWEST ARTERIAL) AND F) This Agreement shall be binding upon the CHAVENELLE ROAD AND BY REPEALING undersigned and his/her heirs, successor and ORDINANCE 69-98, ORDINANCE 5-99, OR- assignees. DINANCE 40-00 AND ORDINANCE 18-02. ACCEPTANCE OF ORDINANCE NO. 33-06 I, Robert L. Clauer, property owner, having NOW, THEREFORE, BE IT ORDAINED BY read the terms and conditions of the foregoing THE CITY COUNCIL OF THE CITY OF DUBU- Ordinance No. 33-06 and being familiar with the QUE, IOWA: conditions thereof, hereby accept this same and Section 1. That Appendix A (The Zoning agree to the conditions required therein. Ordinance) of the City of Dubuque Code of Dated in Dubuque, Iowa this 12th day of May, Ordinances is hereby amended by adopting a 2006. revised Planned Unit Development Ordinance, By: /s/ Robert L. Clauer with conditions, for the Dubuque Industrial Published officially in the Telegraph Herald Center, as shown in Attachment A, and to the newspaper this 22nd day of May, 2006. centerline of the adjoining public right-of-way, all Karen M. Chesterman, Deputy City Clerk in the City of Dubuque, Iowa. 1t 5/22 Section 2. Pursuant to Iowa Code Section 414.5 (2005) and as an express condition of the 178 Regular Session, May 15, 2006 reclassification, the undersigned property owner e) Other non-building and non-vehicular agrees to the following conditions, all of which related space. the property owners further agree are reasona-C) Use Regulations ble and imposed to satisfy the public needs that Uses within this particular PI Planned Industrial are caused directly by the zoning reclassifica-District shall be permitted as follows: tion: 1) Land Use Plan A) Purpose and Scope Land uses shall be located only in compliance This document sets forth the conditions and with Attachment A Dubuque Industrial Center restrictions applicable to the specific PI Planned Land Use Plan Phase I and II. Industrial District known as “Dubuque Industrial 2) Permitted Uses Center.” All development and use of property in a) Development parcels within Phase I of this specific district shall comply with these the Dubuque Industrial Center may be used for conditions as well as with the PI Planned Indus-any principal permitted, accessory and condi- trial District provisions of the Zoning Ordinance tional use allowed in the HI Heavy Industrial and other applicable regulations of the City of District. Dubuque. b) Development parcels within Phase II of This document is not intended to abrogate, the Dubuque Industrial Center may be used for annul or otherwise interfere with any easement, the following permitted and accessory uses: covenant or an other private agreement or legal 1) Railroads and public or quasi-public relationship; provided, however, that where the utilities, including substations – [47] conditions and restrictions of this document are 2) General office – [14]. more restrictive or impose higher standards or 3) Medical/dental lab – [8]. requirements than such easement covenant or 4) Personal services – [14]. other private agreement or legal relationship, the 5) Off-street parking lot – [NA]. requirements of this document shall govern. 6) Parking structure – [NA]. B) Definitions 7) Bakery (wholesale/commercial) – [19]/ 1) Building-related Features 8) Drive-up automated bank teller – [18]. Building-related features are defined as all 9) Furniture/upholstery repair – [18]. construction items which rise above the grade 10) Banks, savings and loans, credit unions surface of the lot. These include: – [31]. a) The primary building. 11) Vending/game machine sales and b) All accessory or secondary buildings. service – [19]. c) All exterior storage areas. 12) Mail order houses – [23]. d) Exterior refuse collection areas. 13) Construction supply sales and service e) Exterior mechanical equipment. – [19]. f) Containerized or tank storage of liquids, 14) Printing and publishing – [32]. fuels, gases and other materials. 15) Moving/storage facilities – [33]. 2) Vehicle-related Features 16) Wholesale sales/distributor – [29]. Vehicle-related features are defined as all areas 17) Freight transfer facilities – [44]. used for the movement and parking of all ve- 18) Agricultural supplies – [19]. hicles within the lot. These include: 19) Cold storage/locker plants – [15]. a) Employee and visitor parking spaces. 20) Packing and processing of meat, dairy b) Driveways from the street right-of-way or food products, but not to include slaughter line to and from parking spaces. houses or stockyards – [33]. c) Loading spaces outside of the building. 21) Compounding, processing, and pack- d) Maneuvering space and driveways to aging or chemical products, but not including and from loading spaces. highly flammable or explosive materials – [33]. e) Parking spaces for company-owned 22) Manufacture, assembly, repair or commercial vehicles. storage of electrical and electronic products, 3) Open Space Features components or equipment – [33]. Open space features are defined as those 23) Laboratories for research or engineer- exterior areas and developed features of the lot ing – [33]. which include: 24) Warehousing and storage facilities – a) Landscape space containing lawn areas [33]. and plantings. 25) Manufacture or assembly of musical b) Paved, hard-surfaced pedestrian areas instruments; toys, watches or clocks; medical, such as walkways, plazas, entryways and dental, optical, or similar scientific instruments; courtyards. orthopedic or medical appliances; signs or c) Surface storm water detention areas not billboards – [33]. otherwise used for building-related or vehicle- 26) Manufacturing, compounding, assembly related purposes. or treatment of articles or products from the d) Open recreation areas. following substances; clothing or textiles, rubber, Regular Session, May 15, 2006 179 precious or semi-previous stones or metal, zone. “A” zones associated with major and wood, plastic, paper, leather, fiber, glass, hair, minor streets are different. wax, sheet metal, feathers, fur, and cork – [33]. “B” Zone: Major area inside the “A”, “C”, and “D” 27) Manufacture, storage or processing of zones. Principally contains building and vehicle- the following products or materials: glue, petro-related features with a lesser amount of open leum products or any flammable liquid, asphalt space. or concrete products, explosive materials of any “C” Zone: Area between the public open space type, structural steel and foundry products, (back or side) lot lines and the “B” zone. Princi- fertilizer, pharmaceutical products, including pally contains open space and a limited amount cosmetics, toiletries and soaps, and stone of vehicle-related features. products, including brick, building stone and “D” Zone: Area associated with a lot line sepa- similar masonry materials – [33]. rating two lots. Principally contains open space [ ] Parking groups (See section 4-2 of the and a limited amount of vehicle-related features. Zoning Ordinance). E) District Standards Accessory Uses Each use shall be planned, designed, con- The following uses shall be permitted as acces-structed, operated and maintained in such a sory uses: manner as to comply with the district standards 1) Any use customarily incidental and subordi-of the PI Planned Industrial District and the nate to the principal use it serves. following: D) Lot and Bulk Standards 1) Required Open Space Development 1) Maximum Height a) Plant Materials. The open space area of Maximum height of building-related features each lot shall be planted with permanent lawn shall not exceed fifty (50) feet, except that and ground covers, shrubs and trees. These structural appurtenances, such as towers, plantings shall be designed to perform the chimneys, and mechanical equipment may be functions and purposes set forth in Guidelines allowed to exceed this limit. for the Selection of Plant Materials (Attachment 2) Land Area Coverage D). a) Land area coverage by building-related The installation of required planting materials features and vehicle-related features shall not may be phased in direct proportion to the exceed the maximum limits established in this phasing of building construction. All exposed soil section. Land area for open space-related areas remaining after the construction of the features shall not be less than the minimum building and vehicle-related features shall be limits established in this section. planted with a permanent ground cover to b) Maximum lot coverage shall be eighty prevent erosion. (80) percent. All building and vehicle-related The area between the paved public street and features shall be considered when calculating the right-of-way line shall be planted and main- total land area coverage, except fire lanes and tained by the lot owner. railroad tracks. The City Engineer shall review b) Pedestrian Areas: Permanent hard-surfaced all building and paving expansions for com-walkways shall be installed and maintained for pliance with storm water control regulations and the purposes of pedestrian movement between policies. all parking areas and functioning entrances and 3) Lot Development Zones exits of the buildings. Development on each lot is regulated by stan-2) Control of Vehicle-related Features dards for each of four lot development zones a) Parking spaces required: Each developed shown on Attachment B. The position of each lot lot shall provide a minimum number of off-street line related to adjacent lots, streets, public open parking spaces for employees and visitors. The space and existing topography establishes the number of spaces required shall be in accor- type of zone which has been designated for dance with Section 4-2 of the Zoning Ordinance. each lot line. The degree to which building-When computation of required off-street parking related, vehicle-related, and open space-related spaces results in a fractional number, the features may be developed in each zone is required spaces shall be the next higher whole established in accordance with the section number. All off-street parking spaces shall be diagrams included as Attachment C, parts 1 located on the same lot as the building for which through 5. Abbreviations used on the diagrams such spaces are required or on an adjacent lot include: in a location which is not farther than 300 (three BR: Building-related features hundred) feet from the building served. Parking VR: Vehicle-related features spaces provided for overnight storage of com- OS: Open space-related features pany-owned commercial vehicles shall be in Basic Zone Descriptions: addition to the minimum required number of “A” Zone: Area between street right-of-way line spaces. and “B” zone. Principally contains open space b) Loading spaces required. A minimum and a limited amount of vehicle-related features. number of required off-street loading spaces No building-related features are allowed in this shall be provided on each developed lot as 180 Regular Session, May 15, 2006 established by applicable provisions of the City located in positions which are shielded from of Dubuque Zoning Ordinance enforced at the view from pubic streets in the Dubuque Industri- time of development of the lot. al Center. Constructed fencing or walls and plant c) Phased construction of buildings, parking materials may be used to visually screen such spaces and loading spaces. The construction of mechanical equipment. off-street parking spaces and loading spaces 4) Site Signage may be phased in proportion to the percentage a) Applicability of City of Dubuque Ordin- of total building floor area constructed at any ances. The provisions of the City of Dubuque one time. Ground area set aside for future Zoning Ordinance and Sign Ordinance apply to parking, loading spaces or driveways or for the construction and maintenance of signs, parking provided in excess of the minimum unless further regulated by this section. required number of parking or loading spaces b) Off-premise signs. No off-premise signs shall not reduce the minimum required area for shall be erected or constructed in the Dubuque open space. Industrial Center or on any of the private lots or d) Location of vehicle-related features on the buildings within the Dubuque Industrial Center. lot. The ground location of all vehicle-related c) On-premise signs. features is controlled by the provisions of Sec- 1) Allowable content. Signs, messages and tion D(3) Lot Development Zones. graphics shall be limited to the following con- e) Design. All vehicle-related features shall be tents: surface with a hard, all-weather, durable, dust-Primary Sign free surfacing material. Proper drainage of storm - Identification of company name water shall be provided. All parking and loading - Identification of company products or services spaces shall be delineated on the surfacing - Street address material by painted stripes or other permanent - Graphic symbol or logo identified with the means. Widths and lengths of parking and company loading spaces shall be governed by applicable Secondary Sign provisions of City of Dubuque Ordinances - Directional messages necessary for the safe enforced at the time of development of the lot. and efficient flow or vehicular and pedestrian The number, size, design and location of parking traffic on the lot spaces designated for handicapped drivers shall - Identification of visitor entrances to the build- be according to local, state or federal require-ing, shipping and receiving docks, and other ments in effect at the time of development. The deliver points location or driveway intersections with public - Identification of assigned parking spaces and streets shall be established by the City of handicapped accessibility Dubuque. - Temporary announcements of pending or new Reverse movement maneuvering of deliver construction vehicles between the lot and minor cul-de-sac - Commemorative messages streets is allowable. No on-street maneuvering 2). Maximum number of signs. The number or delivery vehicles will be allowed on any type of primary signs shall not exceed five (5) for of through street. Lots adjoining through streets each premises or lot. shall provide all necessary maneuvering space No maximum number of secondary signs is for delivery vehicles within the confines of the established. lots. 3) Maximum area of sign panel. If a primary f) Loading doors and docks. All loading (ship-sign is building-mounted its total area shall not ping and receiving of raw and manufactured exceed 15% of the area of the building wall upon goods) doors and docks shall be designed to which it is mounted. If the primary sign is frees- provide for the direct movement of goods tanding, its maximum area shall not exceed the between the delivery vehicle and the interior of following: the building. No visually exposed platform docks Lot area (acres) Maximum primary sign area shall be allowed, except within fully screened (square feet) storage areas. Exterior loading and unloading of 0 to 5 30 square feet vehicles is allowed within screened exterior 5.01 to 10 50 square feet storage areas. 10.01 to 20 70 square feet 3) Utility Location 20.01 + 90 square feet a) Service lines. All electrical, telephone, The area of double-faced freestanding signs television cable and other similar utility lines shall be computed as the area of a single face serving the building and other site features shall only. be located underground. No maximum cumulative area is established for b) Mechanical equipment. All electrical secondary signs; however, no single permanent transformers, switching gear, relay boxes, secondary signs hall exceed six feet in area. meters, air conditioning units, heat pumps, and 4) Allowable structural types. Primary and other similar mechanical equipment shall be secondary signs may be mounted on exterior Regular Session, May 15, 2006 181 walls of buildings or may be freestanding. No and installed to shield light from the luminaries signs shall be mounted on roofs or above any at angles above 72 degrees from vertical. eave or parapet of a building. All building- Fixtures mounted on a building shall not be mounted signs shall be flush mounted on the positioned higher than the roof line of the wall and no projections beyond one (1) foot shall building. Post-mounted freestanding fixtures be allowed. The determination of area of signs shall not be higher than thirty (30) feet above the composed of separate elements shall be the ground. area of a rectangle that completely encloses all 7) Operations within enclosed buildings such elements and/or corporate identification All operations and activities shall be conducted devices. or maintained within completely enclosed 5) Sign locations on lots. Building-mounted buildings except: primary signs may be located on any façade of a a) Off-street parking and loading spaces. building in the industrial park. Freestanding b) Employee recreational facilities. primary signs may be located anywhere on the c) Outdoor or exterior storage. building lot. 8) Exterior Storage and Trash Collection Areas Secondary signs may be located anywhere on a) Allowable types of storage. Exterior sto- the lot and on any building façade. rage is permitted only for raw and processed No signs may project in space over a street or goods, equipment and other materials related to right-of-way line, any visibility triangle area, or the principal activity of the lot. The storage of onto another lot. trash and debris shall be limited to that produced 6) Height regulations. Primary signs and their by the principal permitted use of the lot. No supporting structure(s) shall not extend upward outdoor storage of materials or trash which to an elevation higher than the roof line of the could be blown into the air or strewn about by building which is served by the sign. the wind shall be permitted. 7) Lighting. Primary signs may be illuminated b) Location and area coverage of exterior only by means of indirect lighting whereby all storage and trash collection. The location of light sources and devices are shielded from view exterior storage and trash collection areas is by opaque or translucent materials. Secondary controlled by provisions of Section 4.3 Lot signs shall not be illuminated. Development Zones. The ground area coverage 8) Motion. No signs may include any device of exterior storage and trash collection areas or means, mechanical, electrical or natural, shall be the area contained inside the required which shall cause any motion of the sign panel screening and this area shall be considered to or any part thereof. No flashing lights or chang-be a building-related feature for purposes of ing colors shall be allowed. calculating total land area coverages. 5) Storm Water Management c) Screening of exterior storage and trash a) Existing Watersheds. The area of water-collection areas. All exterior storage and trash sheds after development shall remain the same collection areas and the materials contained as pre-development watersheds, or as directed therein shall be visually screened from view. The by the Public Works Department of the City of screening shall be a completely opaque fence, Dubuque. wall or other feature not exceeding a height of b) Storm Water Conveyance. The developer ten (10) feet measured from the ground level of each lot shall be responsible for providing outside the line of the screen. Screen structures surface or subsurface conveyance(s) of storm built on sloping grades shall be stepped, so that water from the lot to existing storm sewers or to their top line shall be horizontal. Exposed flow line of open drainageways outside the lot in materials used to construct the opaque screen a means that is satisfactory to the Public Works shall be similar in appearance to materials used Department of the City of Dubuque. for exterior building walls. Colors of the screen 6) Site Lighting shall match those of the building. All exterior a) Types. Exterior illumination of the site shall entrances to a screened storage or trash area be limited to the illumination of: shall be provided with a gate or door of similar 1) Parking areas, driveways, and loading design to that of the screen. Gates or doors docks. facing a street frontage or the Northwest Arterial 2) Pedestrian walkway surfaces and en-shall be closed at all times other than when a trances to building. vehicle or personnel are using the entrance for 3) Screened storage areas. access to and from the screened area. 4) Building exterior. If a ten (10) foot high screen fails to shield the b) Location and design. All exterior lighting exterior storage or trash collection area from shall be designed, installed and maintained so view from points inside or outside of the proper- as not to cause direct glare or to shine into ty, evergreen plantings may be required. Ever- adjacent lots and streets. No light source shall green plant materials shall be selected and provide illumination onto adjacent lots, buildings, designed so that they will eventually screen the or streets in excess of 1.0 foot candle. All area from all off-site visibility. In such cases, if exterior lighting luminaries shall be designed initial plantings are of six (6) foot height or 182 Regular Session, May 15, 2006 greater, the requirements of other opaque consider rezoning property located at the corner screening shall be omitted. of Bies Drive and Sylvan Drive from R-4 Multi- F) Transfer of Ownership Family Residential District to OS Office Services Transfer of ownership or lease of property in this District as requested by Larry and Del Miller and PUD District shall include in the transfer or lease Zoning Advisory Commission recommending agreement a provision that the purchaser or approval, presented and read. Connors moved lessee acknowledges awareness of the condi-that the communication be received and filed. tions authorizing the establishment of the Seconded by Lynch. Motion carried 7-0. district. G) Modifications Larry Miller spoke clarifying the requested Any modifications of this Ordinance must be rezoning. approved by the City Council in accordance with zoning reclassification proceedings of Section 6 An Ordinance Amending Appendix A (the of the Zoning Ordinance. Zoning Ordinance) of the City of Dubuque Code H) Recording of Ordinances by reclassifying hereinafter A copy of this ordinance shall be recorded at the described property located at the intersection of expense of the property owner(s) with the Sylvan and Bies Drives from R-4 Multi-Family Dubuque County Recorder as a permanent Residential District to OS Office Service District, record of the conditions accepted as part of this presented and read. reclassification approval within ten (10 days after OFFICIAL PUBLICATION the adoption of this ordinance. This ordinance ORDINANCE NO. 35-06 shall be binding upon the undersigned and AMENDING APPENDIX A (THE ZONING his/her heirs, successors and assigns. ORDINANCE) OF THE CITY OF DUBUQUE Section 3. The foregoing amendment has CODE OF ORDINANCES BY RECLASSIFY- heretofore been reviewed by the Zoning Advi- ING HEREINAFTER DESCRIBED PROPERTY sory Commission of the City of Dubuque, Iowa. LOCATED AT THE INTERSECTION OF SYL- Section 4. Section 2 of Ordinance No. 49-80, VAN AND BIES DRIVES FROM R-4 MULTI- Ordinance No. 39-82, Section 2 of Ordinance FAMILY RESIDENTIAL DISTRICT TO OS No. 6-89 and Ordinance No. 88-90 are hereby OFFICE SERVICE DISTRICT repealed. Section 5. This Ordinance shall take effect NOW, THEREFORE, BE IT ORDAINED BY upon publication as provided by law. THE CITY COUNCIL OF THE CITY OF DUBU- Passed, approved and adopted this 15th day QUE, IOWA: of May, 2006. Section 1. That appendix A (The Zoning /s/ Roy D. Buol, Mayor: Ordinance) of the City of Dubuque Code of Attest: /s/ Karen M. Chesterman, Deputy City Ordinances is hereby amended by reclassifying Clerk the hereinafter-described property from R-4 ACCEPTANCE OF ORDINANCE NO. 34-06 Multi-Family Residential Zoning District to OS I, William H . Callahan, representing Dubuque Office Service District; to wit: Initiatives, property owner, having read the Lot 4 of Sylvan Place, and to the centerline of terms and conditions of the foregoing Ordinance the adjoining public right-of-way, all in the City of No. 34-06 and being familiar with the conditions Dubuque, Iowa, thereof, hereby accept this same and agree to Section 2. The foregoing amendment has the conditions required therein. heretofore been reviewed by the Zoning Advi- th Dated in Dubuque, Iowa this 17 day of May, sory Commission of the City of Dubuque, Iowa. 2006. Passed, approved and adopted this 15th day By: /s/ William H. Callahan of May, 2006 . Published officially in the Telegraph Herald /s/ Roy D. Buol, Mayor newspaper this 27th day of June, 2006. Attest: /s/ Karen M. Chesterman, Deputy City /s/ Karen M. Chesterman, Deputy City Clerk Clerk 1t 6/27 Published officially in the Telegraph Herald nd Michalski moved that the requirement that a newspaper this 22 day of May, 2006. proposed Ordinance be considered and voted /s/ Karen M. Chesterman, Deputy City Clerk on for passage at two Council Meetings prior to 1t 5/22 the meeting at which it is to be finally passed be Connors moved that the requirement that a suspended. Seconded by Connors. Motion proposed Ordinance be considered and voted carried 7-0. Michalski moved final consideration on for passage at two Council Meetings prior to and passage of the Ordinance. Seconded by the meeting at which it is to be finally passed be Braig. Motion carried 7-0. suspended. Seconded by Lynch. Motion carried 7-0. Connors moved final consideration and Request to Rezone – Larry and Del Miller: passage of the Ordinance. Seconded by Braig. Proof of publication on notice of hearing to Motion carried 7-0. Regular Session, May 15, 2006 183 RESOLUTION NO. 206-06 AUTHORIZATION TO DISPOSE OF AN IN- Ham House Lease Agreement: Proof of TEREST IN REAL PROPERTY BY EASEMENT publication on notice of hearing to consider a TO INTERSTATE POWER AND LIGHT COM- new lease for the Ham House with the Dubuque PANY County Historical Society and City Manager recommending approval, presented and read. Cline moved that the proof and communication WHEREAS, the City of Dubuque, Iowa (City) be received and filed. Seconded by Braig. owns certain real property described in the Motion carried 7-0. Electric Line Easement attached hereto known Jerry Enzler, Executive Director of the Dubu-as the Port of Dubuque (the Property); and que County Historical Society, spoke in appreci- WHEREAS, Interstate Power and Light Com- ation of the 25 year lease. pany (Interstate) now has Transmission Line Easements on the Property; and RESOLUTION NO. 205-06 WHEREAS, City and Interstate now desire to DISPOSING OF AN INTEREST IN REAL substitute a new easement for the previously PROPERTY BY LEASE AGREEMENT TO THE approved Transmission Line Easements; and DUBUQUE COUNTY HISTORICAL SOCIETY WHEREAS, the City Council believes it is in WHEREAS, the City of Dubuque, Iowa (City) is the best interests of the City of Dubuque to the owner of the real property legally described approve a revised Electric Line Easement. as: NOW, THEREFORE, BE IT RESOLVED BY Parcel #1107251003, Lots 530, 1 of 531, 2 of THE CITY COUNCIL OF THE CITY OF DUBU- 531 and 532, all in Hams Addition, in the City of QUE, IOWA: Dubuque; and Section 1. The City Council of the City of WHEREAS, the Dubuque County Historical Dubuque, Iowa, authorized the Mayor and City Society desires to lease the Premises for the Clerk to sign the Electric Line Easement at- purpose of creating Historical Museum; and tached hereto, providing an interest in Real WHEREAS, the City Council has held a public property to Interstate Power and Light Company. hearing on the City’s intent to dispose of the Passed, approved and adopted this 15th day foregoing-described City Property on the 15th of May, 2006. day of May, 2006, pursuant to notice as required Roy D. Buol, Mayor by law, and following the public hearing over-Attest: Karen M. Chesterman, Deputy City Clerk ruled all objections thereto. Michalski moved adoption of the Resolution. NOW, THEREFORE, BE IT RESOLVED BY Seconded by Braig. Motion carried 7-0. THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Connors moved that the rules be reinstated Section 1. The City Council of the City of limiting discussion to the Council. Seconded by Dubuque, Iowa, hereby approves the Lease Michalski. Motion carried 7-0. Agreement with Dubuque County Historical ACTION ITEMS Society, a copy of which is attached hereto, for the above-described City Property. Section 2. The Mayor is hereby authorized and Dubuque Main Street, Ltd.: Dan LoBianco, directed to sign the Lease Agreement on behalf Dubuque Main Street, Ltd., to provide verbal of the City of Dubuque. quarterly report. Dan LoBianco, 1741 Avalon, Section 3. The City Clerk is hereby authorized gave a brief, verbal report of the many positive and directed to record this Resolution with the programs of Main Street Ltd. Dubuque County Recorder. Cline moved that the report be received and Passed, approved and adopted this 15th day filed. Seconded by Michalski. Motion carried 7- of May, 2006. 0. Roy D. Buol, Mayor Attest: Karen M. Chesterman, Deputy City Clerk 2006 – 2007 Deer Management Plan: City Cline moved adoption of the Resolution. Manager submitting the results of this year’s Seconded by Braig. Motion carried 7-0. Urban Deer Management Program and recom- mending approval of the revised plan for the Interstate Power Company (Alliant) Easement: 2006 – 2007 hunting season including that Proof of publication on notice of hearing to hunting on parcels of less than three acres consider approval of a 100 foot easement to would be approved on a case-by-case basis and Interstate Power Company (Alliant) in the Port of a communication from the Environmental Dubuque and City Manager recommending Stewardship Advisory Commission recommend- approval, presented and read. Michalski moved ing continuation of the Urban Deer Management that the proof and communication be received Plan for 2006 – 2007 and further recommending and filed. Seconded by Braig. Motion carried 7-that hunting on parcels of less than three acres 0. not require approval on a case-by-case basis, presented and read. 184 Regular Session, May 15, 2006 OFFICIAL PUBLICATION Mike Buelow, Chair of the Environmental ORDINANCE NO. 36-06 Stewardship Commission, spoke clarifying the AMENDING CITY OF DUBUQUE CODE OF report. ORDINANCES CHAPTER 11 BUILDING Connors moved that the communications be REGULATIONS, BY AMENDING SECTION 11- received and filed and directed that the recom- 3 PERMIT ISSUANCE PROHIBITED DURING mendation of the City Manager be followed. CONSIDERATION OF A ZONING RECLASSI- Seconded by Michalski. Motion carried 7-0. FICATION OR A TEXT AMENDMENT TO THE ZONING OR SUBDIVISION ORDINANCES, BY Arts and Cultural Affairs Advisory Commission: PROVIDING FOR WAIVERS UNDER CERTAIN Arts and Cultural Affairs Advisory Commission CONDITIONS recommending approval of Fiscal Year 2007 Arts and Culture Operating Support funding Whereas, the City Council has prohibited the requests and authorize the City Manager to sign issuance of building permits during zoning the funding agreements, presented and read. reclassifications and amendments of the Zoning Mark Wahlert, Chair of the Commission, spoke and Subdivision Ordinances; and clarifying their funding decisions. Whereas, the City Council desires to provide Cline moved that the communication be for the opportunity to waive this prohibition by received and filed and approved recommenda-resolution under certain conditions. tion. Seconded by Connors. Motion carried 7-0. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU- Cable Television Franchise – Amendment for QUE, IOWA: I-Net Construction: City Manager recommending Section 1. City of Dubuque Code of Ordin- approval of some changes to the cable franchise ances is amended by amending Section 11-3 as related to the I-Net that would benefit the City follows: and Mediacom, presented and read. Michalski Section 11-3: Permit Issuance Prohibited moved that the communication be received and During Consideration of a Zoning Reclassifica- filed and recommendation approved. Seconded tion or a Text Amendment to the Zoning or by Connors. Motion carried 7-0. Subdivision Ordinances: The building official of the city is hereby prohi- Iowa Department of Economic Development: bited from issuing a building permit for real Communications from the Iowa Department of property for which action has been initiated for a Economic Development advising that McGraw-change in the zoning classification of the proper- Hill and Kunkel Bounds and Associates have ty or a text amendment of the zoning or subdivi- been awarded financial assistance for their sion ordinances. The prohibition shall be from projects in Dubuque, presented and read. Braig the date of the filing of the application with the moved that the communication be received and planning services department until the date of filed. Seconded by Connors. Motion carried 7-0. final action of the city council upon such zoning reclassification or text amendment, including West 11th Street Historic District: City Manag-publication as provided by law where the reclas- er recommending approval of a waiver of the sification or amendment is adopted by the city building permit moratorium section of the Code council. The city council may, by one or more of Ordinances under certain conditions and resolutions, waive this prohibition in whole or in adoption of a resolution granting a waiver for all part. building permits in the portion of the West 11th Section 2. This Ordinance shall take effect Street Historic Preservation District subject to upon publication. the proposed R-2 rezoning, presented and read. Passed, approved and adopted this 15th day Connors moved that the communication be of May, 2006. received and filed. Seconded by Michalski. Roy D. Buol, Mayor Motion carried 7-0. Attest: Karen M. Chesterman, Deputy City Clerk Published officially in the Telegraph Herald th An Ordinance Amending City of Dubuque newspaper this 19 day of May, 2006. Code of Ordinances Chapter 11, Building Karen M. Chesterman, Deputy City Clerk Regulations, by amending Section 11-3 Permit 1t 5/19 Issuance Prohibited During Consideration of a Connors moved that the requirement that a Zoning Reclassification or a Text Amendment to proposed Ordinance be considered and voted the Zoning or Subdivision Ordinances by provid-on for passage at two Council Meetings prior to ing for waivers under certain conditions, pre-the meeting at which it is to be finally passed be sented and read. suspended. Seconded by Michalski. Motion carried 7-0. Connors moved final consideration and passage of the Ordinance. Seconded by Braig. Motion carried 7-0. Regular Session, May 15, 2006 185 RESOLUTION NO. 207-06 An Ordinance Amending the City of Dubuque PROVIDING FOR A WAIVER OF CITY OF Code of Ordinances Section 3-1 Display of DUBUQUE CODE OF ORDINANCES CHAP- Advertising Material, presented and read. TER 11 BUILDING REGULATIONS, SECTION 11-3 PERMIT ISSUANCE PROHIBITED DUR-OFFICIAL PUBLICATION ING CONSIDERATION OF A ZONING REC-ORDINANCE NO. 37-06 LASSIFICATION OR A TEXT AMENDMENT AMENDING THE CITY OF DUBUQUE CODE TO THE ZONING OR SUBDIVISION ORDIN-OF ORDINANCES SECTION 3-1 DISPLAY OF ANCES, BY PROVIDING FOR ISSUANCE OF ADVERTISING MATERIAL TH BUILDING PERMITS IN THE WEST 11 NOW, THEREFORE, BE IT ORDAINED BY STREET HISTORIC PRESERVATION DIS- THE CITY COUNCIL OF THE CITY OF DUBU- TRICT REZONING AREA QUE, IOWA: Whereas, the City Council has prohibited the Section 1. Section 3-1 of the City of Dubuque issuance of building permits during zoning Code of Ordinances is amended to read as reclassifications; and follows: Whereas, the Historic Bluffs Neighborhood Sec. 3-1. Display of advertising and other Association has filed a zoning reclassification material or articles on public property; removal; (rezoning request) for a substantial portion of the costs. th West 11 Street Historic Preservation District; Whenever the City Manager shall find signs, and advertising, displays or any other materials or Whereas, the City Council desires to provide articles on public property, in violation of any for the opportunity to waive this prohibition in the provision of this Code or other City ordinance or th rezoning area of the West 11 Street Historic any law, the City Manager shall cause such Preservation District. materials or articles to be removed and de- NOW, THEREFORE, BE IT RESOLVED BY stroyed and the owner of the materials or THE CITY COUNCIL OF THE CITY OF DUBU-articles shall pay the costs incurred by the City QUE, IOWA: for removing and destroying such materials or Section 1. The City Council hereby waives the articles. prohibition on the issuance of building permits Section 2. This Ordinance shall take effect contained in Section 11-3 of the City of Dubuque upon publication. Code of Ordinances in effect for the pending Passed, approved and adopted this 15th day th application for the rezoning of the West 11 of May, 2006. Street Historic Preservation District. Roy D. Buol, Mayor Passed, approved and adopted this 15th day Attest: Karen M. Chesterman, Deputy City Clerk of May, 2006.. Published officially in the Telegraph Herald nd Roy D. Buol, Mayor newspaper this 22 day of May, 2006. Attest: Karen M. Chesterman, Deputy City Clerk Karen M. Chesterman, Deputy City Clerk Connors moved adoption of the Resolution. 1t 5/22 Seconded by Braig. Motion carried 7-0. Connors moved that the requirement that a proposed Ordinance be considered and voted Grandview Gallop: City Manager submitting an on for passage at two Council Meetings prior to application from the Mississippi Valley Running the meeting at which it is to be finally passed be Association to hold a June 17, 2006 four mile suspended. Seconded by Jones. Motion carried run/walk that includes a partial closure of 7-0. Connors moved final consideration and Grandview Avenue for City Council review and passage of the Ordinance. Seconded by Jones. direction, presented and read. Connors moved Motion carried 7-0. that the communication be received and filed and request approved. Seconded by Michalski. Region 1 Workforce Investment Board: Com- Motion carried 6-1 with Jones voting Nay. munication from Wendy Mihm-Herold, Region 1 Council questioned if this would be an annual Workforce Manager, requesting that the City event and voiced concerns for the availability of submit two nominations for appointment of one emergency access to certain areas. representative to the Region 1 Workforce Investment Board, presented and read. Michals- City of Dubuque Code of Ordinance Amend-ki moved that the communication be received ment: City Manager recommending approval of and filed and nominated Council Members an amendment to the Code of Ordinances Michalski and Cline for consideration. Section 3-1 to provide that signs, advertising, Seconded by Jones. Motion carried 7-0. displays or other materials on public property in violation of the City Code be destroyed upon removal instead of being stored indefinitely presented and read. Connors moved that the communication be received and filed. Seconded by Jones. Motion carried 7-0. 186 Regular Session, June 5, 2006 COUNCIL MEMBER REPORTS DUBUQUE CITY COUNCIL Michalski shared that she would be attending OFFICIAL the National League of Cities Human Resources PROCEEDINGS meeting of which the main topic is immigration. PUBLIC INPUT City Council, Regular Session, June 5, 2006 Council met at 6:30 P.M. in the Public Library Sr. Pat Conlon, Administrator of Ecumenical Auditorium th Towers on W. 6 Street, spoke of the dangerous intersection at Sixth and Locust where the Present: Mayor Pro-Tem Michalski, Council elderly residents try to cross the street to get to Members Braig, Cline, Connors, Jones, Lynch, the Post Office. She stated that she had brought City Manager Van Milligen, City Attorney Lindahl the request to the Council last fall and City staff Absent: Mayor Buol had investigated and said it would have to wait until spring. It continues to be a problem as she Mayor Pro-Tem Michalski read the call and has 88 elderly residents with the majority using stated this is a regular session of the City walkers, canes and wheelchairs. She requested Council called for the purpose of discussing a pedestrian crossing light at this intersection. such matters which may properly come before the Council. There being no further business, Connors moved to adjourn. Seconded by Cline. Motion Invocation was given by Bishop John Tallent, carried 6-1 with Buol voting Nay. The meeting Church of Jesus Christ of Latter Day Saints. adjourned at 11:14 P.M. Proclamations: Apples for Students (June and /s/ Karen M. Chesterman July, 2006) received by Sister Inez Turnmeyer of Deputy City Clerk St. Mark Community Center; United States Army Week (June 12-18, 2006) received by Sergeant Davis. CONSENT ITEMS Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 4/25; City Council of 5/15; Electrical Code Board of 5/22; Historic Preservation Commission of 5/18; Housing Commission of 4/25; Long Range Planning Advisory Commission of 5/17; Transit Board of Trustees of 5/11, presented and read. Connors moved that the minutes be received and filed. Seconded by Braig. Motion carried 6- 0. Proof of publication of City Council Proceed- ings of 5/1, presented and read. Connors moved that the proof be received and filed. Seconded by Braig. Motion carried 6-0. Notice of Claims/Suits: Sarah Hume for vehicle damage; McDermott Excavating for excavation expenses, presented and read. Connors moved that the communications be received and filed and referred to the City Attorney for investiga- tion/report. Seconded by Braig. Motion carried 6- 0. Request of Leanne M. Horsfall for reconsidera- tion of her claim for property damage, pre- sented and read. Connors moved that the communication be received and filed and referred to the City Attorney for investiga- tion/report. Seconded by Braig. Motion carried 6- 0. Regular Session, June 5, 2006 187 City Attorney recommending settlement of the Whereas, the City of Dubuque is a public claim of Sarah Hume for vehicle damage and employer within the meaning of Section 3 (1) of directing the Finance Department to issue the Public Employment Relations Act; and payment, presented and read. Connors moved Whereas, the Dubuque Professional Firefight- that the communication be received and filed er’s Association, Local #353, is an employee and concurred and directed Finance Department organization within the meaning of Section 3 (4) to issue payment. Seconded by Braig. Motion of the Public Employment Relations Act; and carried 6-0. Whereas, the Dubuque Professional Firefight- er’s Association, Local #353, submitted a Request to Vacate and Purchase: Communi-request to bargain collectively on behalf of the cation from Brendan T. Quann, representing Dr. employees within its representation; and and Mrs. R. Scott Cairns, requesting to pur- Whereas, bargaining between the parties has chase two City-owned lots adjacent to their occurred and an agreement has been reached. property at 850 Mt. Carmel Road, presented NOW, THEREFORE, BE IT RESOLVED BY and read. Connors moved that the communica-THE CITY COUNCIL OF THE CITY OF DUBU- tion be received and filed and referred to the QUE, IOWA: City Manager. Seconded by Braig. Motion Section 1. That the terms of the agreement be carried 6-0. accepted and the Mayor authorized and directed to sign the collective bargaining agreement. Citizen Communication: Communication from Passed, approved and adopted this 5th day Deanne Brennan, 658 Chestnut Street, regard-of June, 2006. ing mini-bus transportation issues, presented Ann E. Michalski, Mayor Pro-Tem and read. Connors moved that the communica-Attest: Jeanne F. Schneider, City Clerk tion be received and filed and referred to the Connors moved adoption of the Resolution. City Manager. Seconded by Braig. Motion Seconded by Braig. Motion carried 6-0. carried 6-0. Amendment to Collective Bargaining Agree- Downtown Master Plan – Request for Propos-ment: City Manager recommending approval of als: City Manager recommending approval of the an amendment to the collective bargaining issuance of a Request for Proposals relating to agreement between the City and Teamsters implementation of the Downtown Master Plan, Local Union No. 421 to provide for a work week presented and read. Connors moved that the that consists of ten hours per day and four days communication be received and filed and per week for the Airport Mechanic, presented approved recommendation. Seconded by Braig. and read. Connors moved that the communica- Motion carried 6-0. tion be received and filed and approved recom- mendation. Seconded by Braig. Motion carried Legislative Correspondence: Communication 6-0. to Congressman Jim Nussle requesting his opposition to the Communications Opportunity, GFOA Certificate of Achievement: City Man- Promotion, and Enhancement Act (COPE) of ager advising that the City has received the 2006, presented and read. Connors moved that Government Finance Officers Association the communication be received and filed. Certificate of Achievement for Excellence in Seconded by Braig. Motion carried 6-0. Financial Reporting for the Comprehensive Annual Financial Report for the eighteenth Dubuque Professional Firefighters’ Association consecutive year, presented and read. Cline – Collective Bargaining Agreement: City Manag-moved that the communication be received and er recommending approval of the collective filed and commended Staff. Seconded by bargaining agreement between the City and the Lynch. Motion carried 6-0. Dubuque Professional Firefighters’ Association, presented and read. Connors moved that the Sanitary Sewer Master Plan: City Manager communication be received and filed. Seconded recommending approval of the selection of MSA by Braig. Motion carried 6-0. Professional Services, Inc. to provide engineer- ing services for the Sanitary Sewer Master Plan, RESOLUTION NO. 208-06 presented and read. Connors moved that the ACCEPTING THE AGREEMENT BETWEEN communication be received and filed and THE CITY OF DUBUQUE, IOWA, AND THE approved recommendation. Seconded by Braig. DUBUQUE PROFESSIONAL FIREFIGHTERS Motion carried 6-0. ASSOCIATION, LOCAL #353 AND AUTHO- RIZING THE MAYOR TO SIGN THE AGREE- Acceptance of Quit Claim Deed: City Manager MENT recommending approval of the acceptance of a Whereas, the Sixty-Fifth General Assembly Quit Claim Deed associated with the Railroad adopted the Public Employment Relations Act, Real Estate Property Acquisition Agreement with Chapter 20, Code of Iowa; and the Chicago, Central and Pacific Railroad for the 188 Regular Session, June 5, 2006 purpose of completing public improvements for Non-Appropriation Language: City Manager the Bell Street Extension, presented and read. advising that City staff is not negotiating non- Connors moved that the communication be appropriation language into development received and filed. Seconded by Braig. Motion agreements at this time, presented and read. carried 6-0. Connors moved that the communication be received and filed. Seconded by Braig. Motion RESOLUTION NO. 209-06 carried 6-0. ACCEPTING A CONVEYANCE OF PROPER- TY (LOT 1 OF RIVERWALK SEVENTH ADDI- Preserve America Grant: City Manager re- TION IN THE CITY OF DUBUQUE) commending approval of the submittal of a Whereas, the City of Dubuque entered into an Preserve America Grant application for the Agreement with the Chicago, Central & Pacific Dubuque History Trail, presented and read. Railroad Company pursuant to which the Chica-Connors moved that the communication be go, Central & Pacific Railroad agreed to convey received and filed. Seconded by Braig. Motion Lot 1 of Riverwalk Seventh Addition in the City carried 6-0. of Dubuque, Dubuque County, Iowa, as shown RESOLUTION NO. 210-06 on the Plat of Survey thereof; and PROVIDING FOR AN APPLICATION TO THE Whereas, the Chicago Central & Pacific NATIONAL PARK SERVICE FOR PRESERVE Railroad Company has executed a conveyance AMERICA FUNDS FOR DUBUQUE HISTORY of said property. TRAIL. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- Whereas, the White House Preserve America QUE, IOWA: Initiative was funded by Congress by the De- Section 1. The City Council of the City of partment of the Interior Appropriations Act, PL Dubuque, Iowa, hereby approves of, accepts 109-54 in order to support Preserve America and consents to the Quit Claim from the Chica-designated communities that have demonstrated go, Central & Pacific Railroad Company, copies a commitment to recognizing, designating, and of which are attached hereto, as required by protecting local cultural resources; and Iowa Code Section 569.7. Whereas, the National Park Service (NPS) Section 2. The Mayor is hereby authorized administers Historic Preservation Funds for the and directed to execute and acknowledge on Preserve America program in order to assist behalf of the City of Dubuque any instruments in local economies find self-sustaining ways to connection herewith. promote their cultural resources through herit- th Passed, approved and adopted this 5 day of age tourism while encouraging people to expe- June, 2006. rience and appreciate local historic resources Ann E. Michalski, Mayor Pro-Tem through education and heritage tourism pro- Attest: Jeanne F. Schneider, CMC, City Clerk grams; and Connors moved adoption of the Resolution Whereas, the City of Dubuque and other subject to review and approval of the City partners will provide the required local match for Attorney. Seconded by Braig. Motion carried this application to the National Park Service 6-0. Preserve America program; and Whereas, the City of Dubuque is a designated A.Y. McDonald Park – Phase II Construction: Preserve America Community and is eligible to City Manager recommending approval of the submit an application for funding and desires to Professional Services Agreement with IIW implement a Heritage Tourism Plan; and Engineers to supervise construction and do the Whereas, the City of Dubuque is willing to required reporting to the Iowa Department of accept Preserve America funding if awarded and Transportation for the A.Y. McDonald Park – is committed to the Dubuque History Trail Phase II Project, presented and read. Connors project. moved that the communication be received and NOW THEREFORE, BE IT RESOLVED BY filed and approved recommendation. Seconded THE CITY COUNCIL OF THE CITY OF DUBU- by Braig. Motion carried 6-0. QUE, IOWA: Section 1. That the City Planner hereby is Five Flags Agreement with Dubuque Hockey, authorized to sign the City of Dubuque’s applica- Inc.: City Manager recommending approval of tion for the Dubuque History Trail to the National the license agreement with Dubuque Hockey, Park Service Preserve America Funds. Inc. (Dubuque Thunderbirds) for the 2006 – Section 2. That the City Council authorizes the 2007 hockey season, presented and read. City Manager to utilize budgeted Capital Im- Connors moved that the communication be provement Program funds to provide the match received and filed and approved recommenda-required by this program. tion. Seconded by Braig. Motion carried 6-0. Regular Session, June 5, 2006 189 Section 3. That the City of Dubuque agrees to City Manager. Seconded by Braig. Motion abide by all local, state and federal requirements carried 6-0. applicable to the proposed budget. Passed, approved and adopted this 5th day of Dubuque Industrial Center West: City Manager June, 2006. recommending approval of an Amended and Ann E. Michalski, Mayor Pro-Tem Restated Declaration of Covenants for the Attest: Jeanne F. Schneider, City Clerk Dubuque Industrial Center West, presented and Connors moved adoption of the Resolution. read. Cline moved that the communication be Seconded by Braig. Motion carried 6-0. received and filed and approved and directed that the Covenants be brought back for review. National Register Nomination – Security Seconded by Lynch. Motion carried 6-0. Building, 800 Main Street: Historic Preservation Commission recommending the nomination of Junk and Salvage Yards: Response to an the Security Building, 800 Main Street, to the inquiry from Ed Tschiggfrie concerning whether National Register of Historic Places, presented a junk and salvage yard operation would be and read. Connors moved that the communica-permitted in the Julien Dubuque Drive Planned tion be received and filed and concurred. Unit Development District, presented and read. Seconded by Braig. Motion carried 6-0. Cline moved that the communication be re- ceived and filed. Seconded by Connors. Request for Demolition Permit: Historic Pre-Motion carried 6-0. servation Commission recommending approval of the request of Immanuel Congregational Worker’s Compensation Claim: City Manager United Church of Christ to demolish a residence recommending approval of the settlement of the at 1737 Jackson Street, presented and read. worker’s compensation claim of Brian Kohn, Connors moved that the communication be presented and read. Connors moved that the received and filed and approved recommenda-communication be received and filed and tion. Seconded by Braig. Motion carried 6-0. approved recommendation. Seconded by Braig. Motion carried 6-0. City of Peosta Land Use Plan: Long Range Planning Advisory Commission submitting the Surface Transportation Board Filing: City City of Peosta’s 2005 Land Use Plan and the Manager submitting a response to the petition of latest draft 2030 Future Land Use Map for the the Iowa, Chicago and Eastern Railroad Corpo- City of Dubuque, presented and read. Connors ration (IC & E) and the Dakota, Minnesota and moved that the communication be received and Eastern Railroad Corporation (DM & E), pre- filed. Seconded by Braig. Motion carried 6-0. sented and read. Connors moved that the communication be received and filed. Seconded National Institute of Health Resuscitation by Braig. Motion carried 6-0. Outcomes Consortium: City Manager recom- mending approval to file for a Federalwide Dubuque Township Trustees: Communication Assurance number necessary for the City’s to the Dubuque Township Trustees regarding participation in a research project of the National the annexation requests of Wendell Corey/Motor Institutes of Health Resuscitation Outcomes City LLC, John and Sally Jo Herrig, and Dean Consortium, presented and read. Jones moved and Patricia Butler, presented and read. Con- that the communication be received and filed nors moved that the communication be received and approved recommendation. Seconded by and filed. Seconded by Braig. Motion carried 6- Connors. Motion carried 6-0. 0. TV Cable Community Teleprogramming Five Flags Budget Proposal: City Manager Commission: Communication from Maria Araei-recommending approval of the Fiscal Year 2007 pour advising that she will not be applying for Five Flags Center proposed operating budget reappointment to the TV Cable Community submitted by SMG, presented and read. Con- Teleprogramming Commission, presented and nors moved that the communication be received read. Connors moved that the communication and filed and approved recommendation. be received and filed. Seconded by Braig. Seconded by Braig. Motion carried 6-0. Motion carried 6-0. Request for Proposals – Port of Dubuque Residential Parking Permit District Petition: Park, Outdoor Plaza and Parking Lot Enhance- Communication from the residents of Vizaleea ments: City Manager recommending approval of and Keymont Drive requesting a Residential the issuance of a Request for Proposals for Parking Permit District in that area, presented architectural and engineering services for the and read. Connors moved that the communica-Port of Dubuque Park, Outdoor Plaza, and tion be received and filed and referred to the Parking Lot Enhancements associated with the McGraw-Hill Project, presented and read. 190 Regular Session, June 5, 2006 RESOLUTION NO. 212-06 Connors moved that the communication be received and filed and approved recommenda- Whereas, applications for Liquor Licenses tion. Seconded by Braig. Motion carried 6-0. have been submitted to this Council for approval and the same have been examined and ap- Comprehensive Plan Update: Long Range proved; and Planning Advisory Commission submitting the Whereas, the premises to be occupied by such May 2006 Report on the Comprehensive Plan applicants were inspected and found to comply Update process, presented and read. Connors with the State Laws and all City Ordinances moved that the communication be received and relevant thereto and they have filed proper filed. Seconded by Braig. Motion carried 6-0. bonds. NOW, THEREFORE, BE IT RESOLVED BY Improvement Contracts / Performance, Pay-THE CITY COUNCIL OF THE CITY OF DUBU- ment and Maintenance Bonds: Bonson Road QUE, IOWA: Reconstruction Project, presented and read. That the Manager be authorized to cause to be Connors moved that the communication be issued the following named applicants a Liquor received and filed. Seconded by Braig. Motion License. carried 6-0. CLASS “C” BEER/LIQUOR LICENSE Pamela Murphy, Murphs South End 55 Lo- Business Licenses: cust St. James Ferring, Dubuque Bowling Lanes, RESOLUTION NO. 211-06 +(Sunday Sale), 029 ½ Main St. Whereas, applications for Beer Permits have Creslanes Bowling Inc., Creslanes Bowling, been submitted and filed to this Council for +(Sunday Sale), 255 S. Main St. approval and the same have been examined Apple Corps LP, Applebee’s Neighborhood and approved: and Grill & Bar, +(Sunday Sale), 1395 Associates Dr. Whereas, the premises to be occupied by such Patricia Broessel, Corner Tap, +(Sunday applicants were inspected and found to comply Sale), 2093 Washington St. with the Ordinances of the City and have filed Clarke College, Clarke College, (1 Day Out- proper bonds. door Sale), 1550 Clarke Dr. NOW, THEREFORE, BE IT RESOLVED BY SPECIAL CLASS “C” LIQUOR(5 DAY EVENT) THE CITY COUNCIL OF THE CITY OF DUBU-Dubuque Jaycees, Dubuque Jaycees, QUE, IOWA: +(Sunday/Outdoor Sale), 3rd & Bell St. That the Manager be authorized to cause to be SPECIAL CLASS “C” LIQUOR( 14 DAY issued the following named applicants a Beer EVENT) Permit. Rotary Club of Dubuque, Rotary Club, CLASS “B” BEER (5 – DAY SPECIAL EVENT) +(Sunday Sale), 135 W. 8th St. Rotary Club of Dubuque, Rotary Club, Bell CLASS “B” WINE PERMIT St Creative Touch Gallery, Inc., Ooh La La, Dubuque Jaycees, Dubuque Jaycees, 3460 Hillcrest Rd. Main St Town Clock Hartig Drug Co. Inc., Hartig Drug # 2, 157 CLASS “B” BEER Locust St. Prospect Pizza LTD, Pizza Hut # 1, Beecher Co. Inc., Beecher Beverage, 1691 +(Sunday Sale), 2075 JFK Rd. Asbury Rd. Prospect Pizza LTD, Pizza Hut # 2, CLASS “B” NATIVE WINE PERMIT +(Sunday Sale), 320 E. 20th St. Dubuque American Lady LLC, Dubuque CLASS “C” BEER PERMIT American Lady, 1630 E. 16th St. Rainbo Oil Company, Kwik Stop, +(Sunday Passed, approved and adopted this 5th day of Sale), 1401 Central Ave. June, 2006. LB Metcalf, Inc., Cedar Cross Amoco, Ann E. Michalski, Mayor Pro-Tem +(Sunday Sale), 200 Cedar Cross Rd. Attest: Jeanne F. Schneider, CMC, City Clerk Rainbo Oil Company, Keywest Conoco, Connors moved adoption of the Resolution. +(Sunday Sale), 2150 Twin Valley Rd. Seconded by Braig. Motion carried 6-0. Hartig Drug Co., Hartig Drug, +(Sunday ITEMS TO BE SET FOR PUBLIC HEARING Sale), 157 Locust St. Beecher Beverage, Beecher Beverage, +(Sunday Sale), 691 Asbury Rd. Theisen Supply, Inc. – Development Agree- Passed, approved and adopted this 5th day of ment: City Manager recommending that a public June, 2006. hearing be set for June 19, 2006 to consider Ann E. Michalski, Mayor Pro-Tem approval of a Development Agreement with Attest: Jeanne F. Schneider, CMC, City Clerk Theisen Supply, Inc., including a disposition of Connors moved adoption of the Resolution. 16.69 acres in the Dubuque Industrial Park West Seconded by Braig. Motion carried 6-0. to Chavenelle Warehouse Development, LLC for Regular Session, June 5, 2006 191 construction of a 110,000 square foot ware-Property by Deed to Chavenelle Warehouse house/office complex for Theisen’s Supply, Inc., Development, LLC. presented and read. Cline moved that the Section 2. The City Clerk is hereby authorized communication be received and filed. Seconded and directed to cause this Resolution and a by Lynch. Motion carried 6-0. notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the RESOLUTION NO. 213-06 City’s intent to dispose of the foregoing- th INTENT TO DISPOSE OF AN INTEREST IN described Property, to be held on the 19 day of CITY OF DUBUQUE REAL ESTATE June, 2006, at 6:30 o’clock p.m. in the Audito- AND rium of the Carnegie-Stout Public Library in th FIXING THE DATE FOR A PUBLIC HEARING Dubuque, Iowa, 11 and Locust, Dubuque, OF THE CITY COUNCIL OF THE CITY OF Iowa. DUBUQUE, IOWA ON THE PROPOSED Section 3. The City Council will also meet at ISSUANCE OF URBAN RENEWAL TAX said time and place for the purpose of taking INCREMENT REVENUE OBLIGATIONS AND action on the matter of the authorization of THE EXECUTION OF A DEVELOPMENT Urban Renewal Tax Increment Revenue obliga- AGREEMENT RELATING THERETO WITH tions and the execution of the Development CHAVENELLE WAREHOUSE DEVELOP- Agreement relating thereto with Chavenelle MENT, LLC AND THEISEN’S SUPPLY, INC. Warehouse Development, LLC and Theisen AND PROVIDING FOR THE PUBLICATION OF Supply, Inc., the proceeds of which obligations NOTICE THEREOF will be used to carry out certain of the special Whereas, the City of Dubuque, Iowa (City) is financing activities described in the Urban the owner of the following real property (the Renewal Plan for the Dubuque Industrial Center Property); Economic Development District, consisting of Lot 1 of Lot 2 of Dubuque Industrial Center the funding of economic developments grants to th West 5 Addition in the City of Dubuque, Iowa Chavenelle Warehouse Development, LLC and And Theisen Supply, Inc. pur1suant to the Develop- Whereas, City, Chavenelle Warehouse Devel-ment Agreement under the terms and conditions opment, LLC and Theisen Supply, Inc. have of said Urban Renewal Plan. It is expected that entered into a Development Agreement, subject the aggregate amount of the Tax Increment to the approval of the City Council, a copy of Revenue obligations not to exceed $731,000, which is now on file at the Office of the City including interest costs and administrative fees. th Clerk, City Hall, 13 and Central Avenue, Section 4. The Clerk is hereby directed to Dubuque, Iowa, pursuant to which City will cause at least one publication to be made of a convey the Property to Chavenelle Warehouse notice of said meeting, in a newspaper, printed Development, LLC; and wholly in the English language, published at Whereas, the City Council has tentatively least once weekly, and having general circula- determined that it would be in the best interests tion in said City, said publication to be not less of the City to approve the Development Agree-than four days nor more than twenty days ment, including the conveyance of the Property before the date of said meeting on the is- to Chavenelle Warehouse Development, LLC; suance of said obligations. and Section 5. That the notice of the proposed Whereas, it is deemed necessary and advisa-action to issue said obligations shall be in ble that City should authorize Urban Renewal substantially the form attached hereto. th Tax Increment Revenue obligations, as autho- Passed, approved and adopted this 5 day rized by Chapter 403 of the Code of Iowa, and to of June, 2006. enter into the Development Agreement relating Ann E. Michalski, Mayor Pro-Tem thereto for the purpose of carrying out an Urban Attest: Jeanne F. Schneider, City Clerk Renewal Plan as hereinafter described; and Cline moved adoption of the Resolution and Whereas, before said obligations may be set public hearing for 6/19/06 at a meeting to Code of Iowa approved, Chapter 403 of the commence at 6:30 P.M. in the public library requires that the City Clerk publish a notice of auditorium and direct the City Clerk to publish the proposal and of the time and place of the notice in the manner prescribed by law. meeting at which the City Council proposes to Seconded by Lynch. Motion carried 6-0. take action thereon and at which meeting the City Council shall receive oral and/or written Kunkel Bounds and Associates – Development objections from any resident or property owner Agreement: City Manager recommending that a of said City to such proposed action. public hearing be set for June 19, 2006 to NOW THEREFORE, BE IT RESOLVED BY consider approval of a Development Agreement THE CITY COUNCIL OF THE CITY OF DUBU-with Kunkel, Bounds and Associates, including a QUE, IOWA: 7.69 acre land sale in the Dubuque Technology Section 1. The City of Dubuque intends to Park for construction of a 9,800 square foot dispose of its interest in the foregoing-described office building, presented and read. Cline moved 192 Regular Session, June 5, 2006 that the communication be received and filed. notice to be published as prescribed by Iowa Seconded by Lynch. Motion carried 6-0. Code Section 364.7 of a public hearing on the City’s intent to dispose of the foregoing- th RESOLUTION NO. 214-06 described Property, to be held on the 19 day of INTENT TO DISPOSE OF AN INTEREST IN June, 2006, at 6:30 o’clock p.m. in the Audito- CITY OF DUBUQUE REAL ESTATE rium of the Carnegie Stout Public Library in th AND Dubuque, Iowa, 11 & Locust, Dubuque, Iowa. FIXING THE DATE FOR A PUBLIC HEARING Section 3. The City Council will also meet at OF THE CITY COUNCIL OF THE CITY OF said time and place for the purpose of taking DUBUQUE, IOWA ON THE PROPOSED action on the matter of authorizing Urban Re- ISSUANCE OF URBAN RENEWAL TAX newal Tax Increment Revenue obligations and INCREMENT REVENUE OBLIGATIONS AND the execution of the Development Agreement THE EXECUTION OF A DEVELOPMENT relating thereto with Kunkel Bounds & Asso- AGREEMENT RELATING THERETO WITH ciates, Inc., the proceeds of which obligations KUNKEL BOUNDS & ASSOCIATES, INC., will be used to carry out certain of the special AND PROVIDING FOR THE PUBLICATION OF financing activities described in the Urban NOTICE THEREOF Renewal Plan for the Dubuque Industrial Center Whereas, the City of Dubuque, Iowa (City) is South Economic Development District, consist- the owner of the following real property (the ing of the funding of economic developments Property); grants to Kunkel Bounds & Associates, Inc. Lot 6 Block 2 Dubuque Technology Park in the pursuant to the Development Agreement under City of Dubuque, Iowa, according to the record-the terms and conditions of said Urban Renewal ed plat thereof Plan. It is expected that the aggregate amount of And the Tax Increment Revenue obligations will be Whereas, City and Kunkel Bounds & Asso-$300,000 more or less. ciates, Inc. have entered into a Development Section 4. The Clerk is hereby directed to Agreement, subject to the approval of the City cause at least one publication to be made of a Council, a copy of which is now on file at the notice of said meeting, in a newspaper, printed th Office of the City Clerk, City Hall, 13 and wholly in the English language, published at Central Avenue, Dubuque, Iowa, pursuant to least once weekly, and having general circula- which City will convey the Property to Kunkel, tion in said City, said publication to be not less Bounds & Associates, Inc.; and than four days nor more than twenty days before Whereas, the City Council has tentatively the date of said meeting on the issuance of said determined that it would be in the best interests obligations. of the City to approve the Development Agree- Section 5. That the notice of the proposed ment, including the conveyance of the Property action to issue said obligations shall be in to Kunkel Bounds & Associates, Inc.; and substantially the form attached hereto. th Whereas, it is deemed necessary and advisa- Passed, approved and adopted this 5 day of ble that City should authorize Urban Renewal June, 2006. Tax Increment Revenue obligations, as provided Ann E. Michalski, Mayor Pro-Tem by Chapter 403 of the Code of Iowa, and to Attest: Jeanne F. Schneider, City Clerk enter into the Development Agreement relating Cline moved adoption of the Resolution and thereto for the purpose of carrying out an Urban set public hearing for 6/19/06 at a meeting to Renewal Plan as hereinafter described; and commence at 6:30 P.M. in the public library Whereas, before said obligations may be auditorium and direct the City Clerk to publish approved, Chapter 403 of the Code of Iowa notice in the manner prescribed by law. requires that the City Clerk publish a notice of Seconded by Lynch. Motion carried 6-0. the proposal and of the time and place of the meeting at which the City Council proposes to Dubuque Star Brewery Project – Development take action thereon and at which meeting the Agreement: City Manager recommending that a City Council shall receive oral and/or written public hearing be set for July 17, 2006 to con- objections from any resident or property owner sider approval of a Development Agreement and of said City to such proposed action. lease of the former Dubuque Star Brewery NOW THEREFORE, BE IT RESOLVED BY building and site to Port of Dubuque Brewery THE CITY COUNCIL OF THE CITY OF DUBU-Development, LLC, presented and read. Cline QUE, IOWA: moved that the communication be received and Section 1. The City of Dubuque intends to filed. Seconded by Lynch. Motion carried 6-0. dispose of its interest in the foregoing-described Property by Deed to Kunkel Bounds & Asso- ciates, Inc. Section 2. The City Clerk is hereby authorized and directed to cause this Resolution and a Regular Session, June 5, 2006 193 OFFICIAL NOTICE 1) Set the fair market value of the real property RESOLUTION NO. 215-06 for uses in accordance with the Plan; (1) APPROVING THE MINIMUM REQUIRE- 2) Approve the minimum requirements and MENTS, COMPETITIVE CRITERIA, AND competitive criteria included herein; OFFERING PROCEDURES FOR THE DEVEL- 3) Approve as to form the Development OPMENT AND THE LEASE OF CERTAIN Agreement and the Lease attached hereto as REAL PROPERTY AND IMPROVEMENTS IN Exhibit “A;” THE GREATER DOWNTOWN URBAN RE- 4) Set a date for receipt of competing propos- NEWAL DISTRICT; (2) DETERMINING THAT als and the opening thereof; THE DEVELOPMENT AGREEMENT AND 5) Declare that the proposal submitted by LEASE SUBMITTED BY PORT OF DUBUQUE Development satisfies the minimum require- BREWERY DEVELOPMENT, LLC SATISFIES ments of the offering, and that in the event no THE OFFERING REQUIREMENTS WITH other qualified proposal is timely submitted, that RESPECT TO THE REAL PROPERTY AND the City Council intends to approve such pro- IMPROVEMENTS AND DECLARING THE posal and authorize the City Manager to sign the INTENT OF THE CITY COUNCIL TO AP- Development Agreement and the Lease; and PROVE THE DEVELOPMENT AGREEMENT direct publication of notice of said intent; AND THE LEASE WITH PORT OF DUBUQUE 6) Approve and direct publication of a notice to BREWERY DEVELOPMENT, LLC IN THE advise any other person of the opportunity to EVENT THAT NO COMPETING PROPOSALS compete for lease of the real property and ARE SUBMITTED; AND (3) SOLICITING improvements on the terms and conditions set COMPETING PROPOSALS. forth herein; and Whereas, the City Council of Dubuque, Iowa, 7) Declare that in the event another qualified did on April 19, 2004 adopt an Amended and proposal is timely submitted and accepted, Restated Urban Renewal Plan for the Greater another and future notice will be published on Downtown Urban Renewal District (“the Plan”) the intent of the City to enter into the resulting for the Urban Renewal Area described therein; contract, as required by law; and and Whereas, the City Council believes it is in the Whereas, the Plan provides, among other best interest of the City and the Plan to act as things, for the disposition of properties for expeditiously as possible to lease the real private development purposes as a proposed property and improvements as set forth herein. economic development action; and NOW, THEREFORE, BE IT RESOLVED BY Whereas, Port of Dubuque Brewery Develop-THE CITY COUNCIL OF THE CITY OF DUBU- ment, LLC (“Developer”) has submitted to the QUE, IOWA: City a Development Agreement with a proposal Section 1. That the real property and im- for the leasing of certain real property and provements described as Exhibit “B” attached improvements hereinafter described for the hereto located in the Port of Dubuque and operation and management of the former delineated generally by Pine Drive on the south, Dubuque Star Brewery constructed as described Bell Street on the west, the Alliant outdoor there (“the Development Agreement and amphitheater on the east and the Shot Tower Lease”), together with the request that this Drive on the north (“The Brewery Property”) property be made available for lease as rapidly shall be offered for lease in accordance with the as possible; and terms and conditions contained in this Resolu- Whereas, in order to establish reasonably tion. competitive bidding procedures for the disposi- Section 2. That it is hereby determined that in tion of the property in accordance with the order to qualify for consideration for selection, statutory requirements of Iowa Code Chapter any person must submit a proposal which meets 403, specifically, Section 403.8, and to assure these minimum requirements: that the City extends a full and fair opportunity to a) Contains an agreement to lease the Bre- all developers interested in submitting a propos-wery Property at not less than fair market value al, a summary of submission requirements and established herein; minimum requirements and competitive criteria b) Contains a commitment to lease the Bre- for the property offering is included herein; and wery Property for uses allowed in the Port of Whereas, said Developer has tendered the Dubuque; Development Agreement and the Lease with the c) Sets out or provides to the satisfaction of City, attached hereto as “Exhibit “A”; and the City Council the experience of the principals Whereas, to recognize both the firm proposal and key staff who are directly engaged in for lease of the real property and improvements performance of contract obligations in carrying already received by the City, as described out projects of similar scale and character; and above, and to give full and fair opportunity to d) Meets, at a minimum, the terms and condi- other developers interested in submitting a tions of the Development Agreement and the proposal for the use of the property, this Council Lease submitted by the Developer including an should be this Resolution: agreement to rehabilitate the Brewery Property 194 Regular Session, June 5, 2006 into a mixed-use commercial/entertainment Section 11. That the City Clerk is authorized complex at a total project cost of not less than and directed to secure immediate publication f $6,500,000 and develop, construct and pay for a said official notice in the Telegraph Herald, a parking lot adjacent to the Dubuque Star Bre-newspaper having a general circulation in the wery building. community, by publication of the test of this Section 3. That the Development Agreement Resolution without attachments on or before the th and the Lease by and between the City and the 7 day of June, 2006. Developer be and is hereby approved as to form Section 12. That written proposals for the for the purposes hereinafter stated. lease of the Brewery Property will be received Section 4. That for the purpose of defining the by the City Clerk on or before 10:00 a.m., July offering of the Brewery Property for lease, said 10, 2006 in the Office of the City Clerk, located Development Agreement and Lease shall be on the first floor at City Hall, Dubuque, Iowa deemed to be illustrative of the terms acceptable 52001. Each proposal will be opened at the hour to the City with respect to: of 10:00 a.m. in City Hall, Dubuque, Iowa on a) Annual Lease payments; July 10, 2006. Said proposals will then be b) Construction of leasehold improvements; presented to the City Council at 6:30 p.m. July c) City participation 17, 2006, at a meeting to be held in the Audito- d) Developer obligations; and rium of the Carnegie-Stout Public Library, e) General terms and conditions Dubuque, Iowa. Section 5. That the Development Agreement Section 13. That such offering shall be in and the Lease submitted by the Developer substantial conformance with the provisions of satisfies the requirements of the offering and, in Iowa Code Section 403.8, requiring reasonable the event that no other qualified proposals are competitive bidding procedures as are hereby timely submitted that the City Council intends to prescribed, which method is hereby determined accept and approve the Lease. to be the appropriate method for making the Section 6. That it is hereby determined that the Brewery Property available for lease. Developer possesses the qualifications, financial Section 14. That the required documents for resources and legal ability necessary to lease the submission of a proposal shall be in sub- the Brewery Property and to manage and stantial conformity with the provisions of this operate the Brewery Property in the manner Resolution. proposed by this offering in accordance with the Section 15. That the City Clerk is hereby Plan. nominated and appointed as the agent of the Section 7. That the annual lease payments for City of Dubuque, Iowa to receive proposals for the Brewery Property offered by the Developer the lease of the Brewery Property at the date are hereby found and determined to be the fair and according to the procedure hereinabove market value of the leasehold interest being specified for receipt of such proposals and to conveyed. proceed at such time to formally acknowledge Section 8. That the City Clerk shall receive and receipt of each of such proposals by noting the retain for public examination the attached receipt of same in the Minutes of the Council; Development Agreement and Lease submitted that the City Manager is hereby authorized and by the Developer and, in the event no other directed to make preliminary analysis of each qualified proposals are timely submitted, shall such proposal for compliance with the minimum resubmit the Development Agreement and the requirements established by this Council herei- Lease to the City Council for final approval and nabove. For each proposal that satisfies these execution upon expiration of the notice hereinaf-requirements, the City Council shall judge the ter prescribed. strength of the proposal by the competitive Section 9. That the action of the City Council criteria established hereinabove. The City be considered to be and does hereby constitute Council shall then make the final evaluation and notice to all concerned of the intention of this selection of the proposals. Council, in the even that no other qualified Section 16. That in the event another qualified proposals are timely submitted, to accept the proposal is timely submitted and accepted by proposal of the Developer to lease the Brewery the City, another and further notice shall be Property and to approve the Development published of the intent of the City of Dubuque, Agreement and the Lease by and between City Iowa, to enter into the resulting agreement, as and Developer. required by law. th Section 10. That the official notice of this Passed, approved and adopted this 5 day of offering and of the intent of the City, in the event June, 2006. no other qualified proposals are timely submit-Ann E. Michalski, Mayor Pro-Tem ted, to approve the Development Agreement Attest: Jeanne F. Schneider, City Clerk and the Lease, shall be a true copy of this Cline moved adoption of the Resolution and Resolution, but without the attachments referred set this for public hearing on 7/17/06 at a meet- to herein. ing to commence at 6:30 P.M. in the public Regular Session, June 5, 2006 195 library auditorium and direct the City Clerk to objections from any resident or property owner publish notice in the manner prescribed by law. of said City to such proposed action. Seconded by Lynch. Motion carried 6-0. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- Dubuque Screw Products, Inc. – Development QUE, IOWA: Agreement: City Manager recommending that a Section 1. The City of Dubuque intends to public hearing be set for June 19, 2006 to dispose of its interest in the foregoing described consider approval of a Development Agreement Property by Deed to Dubuque Screw Products, with Dubuque Screw Products, Inc., including a Inc. 3.573 acre land sale in Dubuque Industrial Section 2. The City Clerk is hereby authorized Center West for construction of a 30,000 square and directed to cause this Resolution and a foot industrial facility, presented and read. Cline notice to be published as prescribed by Iowa moved that the communication be received and Code Section 364.7 of a public hearing on the filed. Seconded by Lynch. Motion carried 6-0. City’s intent to dispose of the foregoing- th described Property, to be held on the 19 day of RESOLUTION NO. 216-06 June, 2006, at 6:30 o’clock p.m. in the Audito- INTENT TO DISPOSE OF AN INTEREST IN rium of the Carnegie-Stout Public Library in th CITY OF DUBUQUE REAL ESTATE Dubuque, Iowa, 11 and Locust, Dubuque, AND Iowa. FIXING THE DATE FOR A PUBLIC HEARING Section 3. The City Council will also meet at OF THE CITY COUNCIL OF THE CITY OF said time and place for the purpose of taking DUBUQUE, IOWA ON THE PROPOSED action on the matter of authorizing Urban Re- ISSUANCE OF URBAN RENEWAL TAX newal Tax Increment Revenue obligations and INCREMENT REVENUE OBLIGATIONS AND the execution of the Development Agreement THE EXECUTION OF A DEVELOPMENT relating thereto with Dubuque Screw Products, AGREEMENT RELATING THERETO WITH Inc., the proceeds of which obligations will be DUBUQUE SCREW PRODUCTS, INC., AND used to carry out certain of the special financing PROVIDING FOR THE PUBLICATION OF activities described in the Urban Renewal Plan NOTICE THEREOF for the Dubuque Industrial Center Economic Whereas, the City of Dubuque, Iowa (City) is Development District, consisting of the funding the owner of the following real property (the of economic development grants to Dubuque Property); Lot 1-5 of Dubuque Industrial Center Screw Products, Inc. pursuant to the Develop- th West 5 Addition in the City of Dubuque, Iowa ment Agreement under the terms and conditions And of said Urban Renewal Plan. It is expected that Whereas, City and Dubuque Screw Products, the aggregate amount of the Tax Increment Inc. have entered into a Development Agree-Revenue obligations not to exceed $300,000. ment, subject to the approval of the City Council, Section 4. The Clerk is hereby directed to a copy of which is now on file at the Office of the cause at least one publication to be made of a th City Clerk, City Hall, 13 and Central Avenue, notice of said meeting, in a newspaper, printed Dubuque, Iowa, pursuant to which City will wholly in the English language, published at convey the Property to Dubuque Screw Prod-least once weekly, and having general circula- ucts, Inc. as shown on Exhibit A attached tion in said City, said publication to be not less hereto; and than four days nor more than twenty days before Whereas, the City Council has tentatively the date of said meeting on the issuance of said determined that it would be n the best interests obligations. of the City to approve the Development Agree- Section 5. That the notice of the proposed ment, including the conveyance of the Property action to issue said obligations shall be in to Dubuque Screw Products, Inc.; and substantially the form attached hereto. th Whereas, it is deemed necessary and advisa- Passed, approved and adopted this 5 day of ble that City should authorize Urban Renewal June, 2006. Tax Increment Revenue obligations, as provided Ann E. Michalski, Mayor Pro-Tem by Chapter 403 of the Code of Iowa, and to Attest: Jeanne F. Schneider, City Clerk enter into the Development Agreement relating Cline moved adoption of the Resolution and thereto for the purpose of carrying out an Urban set this for public hearing on 6/19/06 at a meet- Renewal Plan as hereinafter described; and ing to commence at 6:30 P.M. in the public Whereas, before said obligations may be library auditorium and direct the City Clerk to approved, Chapter 403 of the Code of Iowa publish notice in the manner prescribed by law. requires that the City Clerk publish a notice of Seconded by Lynch. Motion carried 6-0. the proposal and of the time and place of the meeting at which the City Council proposes to McGraw Hill Companies, Inc. – Development take action thereon and at which meeting the Agreement: City Manager recommending that a City Council shall receive oral and/or written public hearing be set for June 19, 2006 to consider approval of a Development Agreement 196 Regular Session, June 5, 2006 with McGraw Hill Companies, Inc., including the Property by Deed to McGraw Hill Companies, disposition of approximately 1.99 acres for Inc. constructing a 135,000 square foot office com- Section 2. The City Clerk is hereby authorized plex in the Port of Dubuque, presented and and directed to cause this Resolution and a read. Cline moved that the communication be notice to be published as prescribed by Iowa received and filed. Seconded by Lynch. Motion Code Section 364.7 of a public hearing on the carried 6-0. City’s intent to dispose of the foregoing- th described Property, to be held on the 19 day of RESOLUTION NO. 217-06 June, 2006, at 6:30 o’clock p.m. in the Audito- INTENT TO DISPOSE OF AN INTEREST IN rium of the Carnegie Stout Public Library in th CITY OF DUBUQUE REAL ESTATE Dubuque, Iowa, 11 and Locust, Dubuque, AND Iowa. FIXING THE DATE FOR A PUBLIC HEARING Section 3. The City Council will also meet at OF THE CITY COUNCIL OF THE CITY OF said time and place for the purpose of taking DUBUQUE, IOWA ON THE PROPOSED action on the matter of the authorization of AUTHORIZATION OF URBAN RENEWAL TAX Urban Renewal Tax Increment Revenue obliga- INCREMENT REVENUE OBLIGATIONS AND tions and the execution of the Development THE EXECUTION OF A DEVELOPMENT Agreement relating thereto with McGraw Hill AGREEMENT RELATING THERETO WITH Companies, Inc., the proceeds of which obliga- MCGRAW HILL COMPANIES, INC., AND tions will be used to carry out certain of the PROVIDING FOR THE PUBLICATION OF special financing activities described in the NOTICE THEREOF Urban Renewal Plan for the Greater Downtown Whereas, the City of Dubuque, Iowa (City) is Economic Development District, consisting of the owner of the following real property (the the funding of economic development grants to th Property); Lot 1 of Riverwalk 6 Addition in the McGraw Hill Companies, Inc. pursuant to the City of Dubuque, Iowa Development Agreement under the terms and And conditions of said Urban Renewal Plan. It is Whereas, City, McGraw Hill Companies, Inc. expected that the aggregate amount of the Tax have entered into a Development Agreement, Increment Revenue obligations will be subject to the approval of the City Council, a $6,300,000 more or less. copy of which is now on file at the Office of the Section 4. The Clerk is hereby directed to th City Clerk, City Hall, 13 and Central Avenue, cause at least one publication to be made of a Dubuque, Iowa, pursuant to which City will notice of said meeting, in a newspaper, printed convey a part of the Property to McGraw Hill wholly in the English language, published at Companies, Inc. as shown on Exhibit A attached least once weekly, and having general circula- hereto; and tion in said City, said publication to be not less Whereas, the City Council has tentatively than four days nor more than twenty days before determined that it would be in the best interests the date of said meeting on the issuance of said of the City to approve the Development Agree-obligations. ment, including the conveyance of the part of the Section 5. That the notice of the proposed Property to McGraw Hill Companies, Inc.; and action to issue said obligations shall be in Whereas, it is deemed necessary and advisa-substantially the form attached hereto. th ble that City should authorize Urban Renewal Passed, approved and adopted this 5 day of Tax Increment Revenue obligations, as autho-June, 2006. rized by Chapter 403 of the Code of Iowa, and to Ann E. Michalski, Mayor Pro-Tem enter into the Development Agreement relating Attest: Jeanne F. Schneider, City Clerk thereto for the purpose of carrying out an Urban Cline moved adoption of the Resolution and Renewal Plan as hereinafter described; and set public hearing for 6/19/06 at a meeting to Whereas, before said obligations may be commence at 6:30 P.M. in the public library approved, Chapter 403 of the Code of Iowa auditorium and direct the City Clerk to publish requires that the City Clerk publish a notice of notice in the manner prescribed by law. the proposal and of the time and place of the Seconded by Lynch. Motion carried 6-0. meeting at which the City Council proposes to take action thereon and at which meeting the Petition to Vacate a Portion of Barry Street: City Council shall receive oral and/or written City Manager recommending that a public objections from any resident or property owner hearing be set for June 19, 2006 to consider a of said City to such proposed action. request from David O. Neyens and John J. and NOW THEREFORE, BE IT RESOLVED BY Frances M. McDonough to vacate a portion of THE CITY COUNCIL OF THE CITY OF DUBU-Barry Street from Roosevelt Street northeasterly QUE, IOWA: to a public alley in the City of Dubuque, pre- Section 1. The City of Dubuque intends to sented and read. Cline moved that the commu- dispose of its interest in the foregoing described Regular Session, June 5, 2006 197 nication be received and filed. Seconded by Section 1. That the City of Dubuque intends to Lynch. Motion carried 6-0. vacate and dispose of its interest in the north- westerly one-half of Barry Street in Barry Subdi- RESOLUTION NO. 218-06 vision No. 2 in the City of Dubuque, Iowa, to RESOLUTION APPROVING PLAT OF SUR- John J. and Frances M. McDonough. VEY OF BARRY SUBDIVISION NO. 2 IN THE Section 2. That the City of Dubuque intends to CITY OF DUBUQUE, DUBUQUE COUNTY, vacate and dispose of its interest in the sou- IOWA theasterly one-half of Barry Street in Barry Whereas, there has been presented to the City Subdivision No. 2 in the City of Dubuque, Iowa, Council of the City of Dubuque, Iowa, a plat to David O. Neyens. dated May 12, 2006, prepared by Buesing and Section 3. That the conveyance of the north- Associates, describing the proposed vacated westerly one-half and southeasterly one-half of portion of Barry Street from Roosevelt Street Barry Street in Barry Subdivision No. 2 to John northeasterly to a public alley in Barry Subdivi-J. and Frances M. McDonough and David O. sion No. 2, in the City of Dubuque, Dubuque Neyens, respectively be contingent upon the County, Iowa. payment of $300, plus platting, publication and Whereas, said plat conforms to the laws and filing fees ($100) by each party. statutes pertaining thereto. Section 4. That the City Clerk be and is hereby NOW, THEREFORE, BE IT RESOLVED BY authorized and directed to cause and notice to THE CITY COUNCIL OF THE CITY OF DUBU-intent to vacate and dispose of said real estate QUE, IOWA: in the manner as prescribed by law. th Section 1. That the plat dated May 12, 2006, Passed, adopted and approved this 5 day of prepared by Buesing and Associates, relative to June, 2006. the real estate hereinabove described be and Ann E. Michalski, Mayor Pro-Tem the same is hereby approved, and the Mayor Attest: Jeanne F. Schneider, CMC, City Clerk and City Clerk be and they are hereby autho- Cline moved adoption of the Resolution and rized and directed to execute said plat for and set for public hearing on 6/19/06 at a meeting to on behalf of the City of Dubuque, Iowa. commence at 6:30 P.M. in the public library Section 2. That the City Clerk be and is hereby auditorium and direct the City Clerk to publish authorized and directed to file said plat and a notice in the manner prescribed by law. certified copy of this resolution in the office of Seconded by Lynch. Motion carried 6-0. the Recorder, in and for Dubuque County, Iowa. th Passed, adopted and approved this 5 day of Petition to Vacate a Portion of the Plat of North June, 2006. Dubuque: City Manager recommending that a Ann E. Michalski, Mayor Pro-Tem public hearing be set for July 5, 2006 to consider Attest: Jeanne F. Schneider, CMC, City Clerk a request from Arnie Van Etten, representing Cline moved adoption of the Resolution. James A. and Shirley A. Christensen, to vacate Seconded by Lynch. Motion carried 6-0. a portion of the plat of North Dubuque, pre- sented and read. Cline moved that the commu- RESOLUTION NO. 219-06 nication be received and filed. Seconded by RESOLUTION OF INTENT TO VACATE AND Lynch. Motion carried 6-0. DISPOSE OF CITY INTEREST IN NORTH- WESTERLY ONE-HALF OF BARRY STREET RESOLUTION NO. 220-06 AND THE SOUTHEASTERLY ONE-HALF OF APPROVING PLAT OF SURVEY OF LOTS BARRY STREET IN BARRY SUBDIVISION 413-A, 598-A, AND 598-B OF NORTH DUBU- NO. 2 IN THE CITY OF DUBUQUE, DUBUQUE QUE IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWACOUNTY, IOWA Whereas, David O. Neyens and John J. and Whereas, there has been presented to the City Frances M. McDonough have requested the Council of the City of Dubuque, Iowa, a plat vacating and disposal of a portion of Barry dated April 3, 2006, prepared by Buesing and Street from Roosevelt Street northeasterly to a Associates, describing the proposed vacated public alley in Barry Subdivision No. 2, in the portion of North Dubuque, described as Lots 177 City of Dubuque, Dubuque County, Iowa. to 212, Lots 215 to 218, Lots 221 to 224, Lots Whereas, Buesing and Associates has pre-227 to 230, Lots 233 to 386, Lots 389 to 412, pared and submitted to the City Council a plat Lots 419 to 472, Lots 533 to 598 and abutting showing the proposed vacated portion of Barry streets and alleys, all inclusive in North Dubu- th Street from Roosevelt Street northeasterly to a que, in the NE ¼ of Section 12, T89N, R2E, 5 public alley, as shown in the Plat of Survey of P.M., in the City of Dubuque, Dubuque County, Barry Subdivision No. 2, in the City of Dubuque, Iowa. Iowa; and Whereas, said plat conforms to the laws and NOW, THEREFORE, BE IT RESOLVED BY statutes pertaining thereto. THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: 198 Regular Session, June 5, 2006 NOW, THEREFORE, BE IT RESOLVED BY North Dubuque in the City of Dubuque, Iowa, to THE CITY COUNCIL OF THE CITY OF DUBU-James A. and Shirley A. Christensen. QUE, IOWA: Section 3. That the conveyance of Lot 413-A Section 1. That the plat dated April 3, 2006, of North Dubuque to the Ernest Madison Revoc- prepared by Buesing and Associates, relative to able Trust be contingent upon the payment of the real estate hereinabove described be and $300.00, plus platting, publication, and filing fees the same is hereby approved, and the Mayor of $100. and City Clerk be and they are hereby autho- Section 4. That the conveyance of Lots 598-A rized and directed to execute said plat for and and 598-B of North Dubuque to James A. and on behalf of the City of Dubuque, Iowa. Shirley A. Christensen be contingent upon the Section 2. That the City Clerk be and is hereby payment of $300.00, plus platting, publication, authorized and directed to file said plat and a and filing fees of $100. certified copy of this resolution in the office of Section 5. That the City Clerk be and is hereby the Recorder, in and for Dubuque County, Iowa. authorized and directed to cause and notice to th Passed, adopted and approved this 5 day of intent to dispose of said real estate in the June, 2006. manner as prescribed by law. th Ann E. Michalski, Mayor Pro-Tem Passed, adopted and approved this 5 day of Attest: Jeanne F. Schneider, CMC, City Clerk June, 2006. Cline moved adoption of the Resolution. Ann E. Michalski, Pro-Tem Seconded by Lynch. Motion carried 6-0. Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution and RESOLUTION NO. 221-06 set public hearing for 7/5/06 at a meeting to RESOLUTION OF INTENT TO VACATE AND commence at 6:30 P.M. in the public library DISPOSE OF CITY INTEREST IN LOTS 413-A, auditorium and direct the City Clerk to publish 598-A, AND 598-B OF NORTH DUBUQUE IN notice in the manner prescribed by law. THE CITY OF DUBUQUE, DUBUQUE COUN- Seconded by Lynch. Motion carried 6-0. TY, IOWA Whereas, James A. and Shirley A. Christen- 2006 Grandview Avenue Concrete Section sen has requested the vacating of a portion of Repair Project: City Manager recommending the plat of North Dubuque comprised of Lots 177 initiation of the public bidding process for the to 212, Lots 215 to 218, Lots 221 to 224, Lots 2006 Grandview Avenue Concrete Section 227 to 230, Lots 233 to 386, Lots 389 to 412, Repair Project and that a public hearing be set Lots 419 to 472, Lots 533 to 598 and abutting for July 5, 2006 to consider adoption of the plans streets and alleys, all inclusive in North Dubu-and specifications, presented and read. Cline th que, in the NE ¼ of Section 12, T89N, R2E, 5 moved that the communication be received and P.M., in the City of Dubuque, Dubuque County, filed. Seconded by Lynch. Motion carried 6-0. Iowa. RESOLUTION NO. 222-06 Whereas, Buesing and Associates has pre- PRELIMINARY APPROVAL OF PLANS AND pared and submitted to the City Council a plat SPECIFICATIONS showing the proposed portion of North Dubuque to be vacated and the assigned lot numbers NOW THEREFORE, BE IT RESOLVED BY thereto, which hereinafter shall be known and THE CITY COUNCIL OF THE CITY OF DUBU- described as Lots 413-A, 598-A, and 598-B all in QUE, IOWA: North Dubuque in the City of Dubuque, Iowa; That the proposed plans, specifications, form and of contract and estimated cost for the 2006 Whereas, the City Council of the City of Grandview Avenue Concrete Section Repair Dubuque, Iowa, has determined that said streets Project in the estimated amount of $57,408.86 and alleys are no longer required for public use, are hereby approved and ordered filed in the and vacating and disposal of Lots 413-A, 598-A, office of the City Clerk for public inspection. th and 598-B all in North Dubuque in the City of Passed, approved and adopted this 5 day of Dubuque, Dubuque County, Iowa, should be June, 2006. approved. Ann E. Michalski, Mayor Pro-Tem NOW, THEREFORE, BE IT RESOLVED BY Attest: Jeanne F. Schneider, CMC, City Clerk THE CITY COUNCIL OF THE CITY OF DUBU- Cline moved adoption of the Resolution. QUE, IOWA: Seconded by Lynch. Motion carried 6-0. Section 1. That the City of Dubuque intends to dispose of its interest in Lot 413-A of North Dubuque in the City of Dubuque, Iowa, to the Ernest Madison Revocable Trust. Section 2. That the City of Dubuque intends to dispose of its interest in Lots 598-A and 598-B of Regular Session, June 5, 2006 199 RESOLUTION NO. 223-06 and read by the City Clerk at said time and will FIXING DATE OF HEARING ON PLANS AND be submitted to the Council for final action at th SPECIFICATIONS 6:30 p.m. on the 5 day of July, 2006. th Whereas, the City Council of the City of Passed, approved and adopted this 5 day of Dubuque, Iowa has given its preliminary ap-June, 2006. proval on the proposed plans, specifications, Ann E. Michalski, Mayor Pro-Tem and form of contract and placed same on file in Attest: Jeanne F. Schneider, CMC, City Clerk the office of the City Clerk for public inspection Cline moved adoption of the Resolution. of the 2006 Grandview Avenue Concrete Sec-Seconded by Lynch. Motion carried 6-0. tion Repair Project. NOW THEREFORE, BE IT RESOLVED BY Grand River Center – Fountain Sign Rehabili- THE CITY COUNCIL OF THE CITY OF DUBU-tation Project: City Manager recommending QUE, IOWA: initiation of the public bidding process for the th That a public hearing will be held on the 5 Grand River Center – Fountain Sign Rehabilita- day of July, 2006, at 6:30 p.m. in the Public tion Project and that a public hearing be set for Library Auditorium at which time interested July 5, 2006 to consider adoption of the plans persons may appear and be heard for or against and specifications, presented and read. Cline the proposed plans and specifications, form of moved that the communication be received and contract and cost of said improvement, and the filed. Seconded by Lynch. Motion carried 6-0. City Clerk be and is hereby directed to cause a RESOLUTION NO. 225-06 notice of time and place of such hearing to be PRELIMINARY APPROVAL OF PLANS AND published in a newspaper having general SPECIFICATIONS circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more NOW THEREFORE, BE IT RESOLVED BY than twenty days prior to the day fixed for its THE CITY COUNCIL OF THE CITY OF DUBU- consideration. At the hearing, any interested QUE, IOWA: person may appear and file objections to the That the proposed plans, specifications, form proposed plans, specifications, contract, or of contract and estimated cost for the Grand estimated cost of the improvement. River Center—Fountain Sign Rehabilitation th Passed, approved and adopted this 5 day of Project in the estimated amount of $45,000, are June, 2006. hereby approved and ordered filed in the office Ann E. Michalski, Mayor Pro-Tem of the City Clerk for public inspection. Attest: Jeanne F. Schneider, CMC, City Clerk Passed, approved and adopted this 5th day of Cline moved adoption of the Resolution and June, 2006. set hearing for 7/5/06 at a meeting to commence Ann E. Michalski, Mayor Pro-Tem Attest: Jeanne F. Schneider, City Clerk at 6:30 P.M. in the public library auditorium and Cline moved adoption of the Resolution. direct the City Clerk to publish notice in the Seconded by Lynch. Motion carried 6-0. manner prescribed by law. Seconded by Lynch. RESOLUTION NO. 226–06 Motion carried 6-0. FIXING DATE OF HEARING ON PLANS AND RESOLUTION NO. 224-06 SPECIFICATIONS ORDERING BIDS Whereas, the City Council of the City of NOW THEREFORE, BE IT RESOLVED BY Dubuque, Iowa has given its preliminary ap- THE COUNCIL OF THE CITY OF DUBUQUE, proval on the proposed plans, specifications, IOWA: and form of contract and placed same on file in That the 2006 Grandview Avenue Concrete the office of the City Clerk for public inspection Section Repair Project is hereby ordered to be of the Grand River Center—Fountain Sign advertised for bids for construction. Rehabilitation Project. BE IT FURTHER RESOLVED, that the amount NOW THEREFORE, BE IT RESOLVED BY of the security to accompany each bid shall be in THE CITY COUNCIL OF THE CITY OF DUBU- an amount which shall conform to the provisions QUE, IOWA: of the Notice to Bidders hereby approved as a That on the 5th day of July, 2006, a public part of the plans and specifications heretofore hearing will be held at 6:30 p.m. in the Public adopted. Library Auditorium at which time interested That the City Clerk is hereby directed to persons may appear and be heard for or against advertise for bids for the construction of the the proposed plans and specifications, form of improvements herein provided, to be published contract and cost of said improvement, and the in a newspaper having general circulation in the City Clerk be and is hereby directed to cause a City of Dubuque, Iowa, which notice shall not be notice of time and place of such hearing to be less than four days nor more than forty-five days published in a newspaper having general prior to the receipt of said bids at 2:00 p.m. on circulation in the City of Dubuque, Iowa, which nd the 22 day of June, 2006. Bids shall be opened notice shall be not less than four days nor more 200 Regular Session, June 5, 2006 than twenty days prior to the day fixed for its Investment Oversight Commission (Two 3- consideration. At the hearing, any interested year terms through 7/1/09 – terms of Lassance person may appear and file objections to the and Melendez) Applicants: Paul Lassance, proposed plans, specifications, contract, or Hiram Melendez estimated cost of the improvement. Passed, approved and adopted this 5th day of Long Range Planning Advisory Commission June, 2006. (Two 3-year terms through 7/1/09 – terms of Ann E. Michalski, Mayor Pro-Tem Neumeister, Stein) Applicants: Dr. Mary Lynn Attest: Jeanne F. Schneider, City Clerk Neumeister, Richard Stein Cline moved adoption of the Resolution setting date of hearing on plans and specifications for Zoning Advisory Commission (Two 3-years 7/5/06 at a meeting to commence at 6:30 P.M. in terms through 7/1/09 – terms of Bichell and the public library auditorium and direct the City Hardie) Applicants: Kenneth Bichell, Stephen Clerk to publish notice in the manner prescribed Hardie, Charlie Miller, Matthew Lundh by law,. Seconded by Lynch. Motion carried 6-0. Appointment to the following Commission: RESOLUTION NO. 227–06 Civil Service Commission (One 4-year term ORDERING BIDS through 4/6/10 – Term of Kluesner – Mayor NOW THEREFORE, BE IT RESOLVED BY Appointment) Applicant: Loras Kluesner THE COUNCIL OF THE CITY OF DUBUQUE, Mayor Pro-Tem Michalski reappointed, with IOWA: the approval of Council, Loras Kluesner to a That the Grand River Center—Fountain Sign four-year term on the Civil Service Commission Rehabilitation Project is hereby ordered to be which will expire 4/6/10. advertised for bids for construction. PUBLIC HEARINGS BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions Connors moved that the rules be suspended to of the notice to bidders hereby approved as a allow anyone present to address the Council. part of the plans and specifications heretofore Seconded by Braig. Motion carried 6-0. adopted. That the City Clerk is hereby directed to Fifth Street Reconstruction – Alpine to Delhi advertise for bids for the construction of the Street Project: Proof of publication on notice of improvements herein provided, to be published hearing to consider adoption of the plans and in a newspaper having general circulation in the specifications and Resolution of Necessity for City of Dubuque, Iowa, which notice shall not be the Fifth Street Reconstruction – Alpine to Delhi less than four days nor more than forty-five days Street Project and City Manager recommending prior to the receipt of said bids at 2:00 p.m. on approval, presented and read. Cline moved that the 22nd day of June, 2006. Bids shall be the proof and communication be received and opened and read by the City Clerk at said time filed. Seconded by Connors. Motion carried 6-0. and will be submitted to the Council for final RESOLUTION NO. 228-06 action at 6:30 p.m. on the 5th day of July, 2006. RESOLUTION ADOPTING PLANS AND Passed, approved and adopted this 5th day of SPECIFICATIONS June, 2006. Ann E. Michalski, Mayor Pro-Tem Whereas, on the 10th day of May, 2006, plans, Attest: Jeanne F. Schneider, City Clerk specifications, form of contract and estimated Cline moved adoption of the Resolution. cost were filed with the City Clerk of Dubuque, th Seconded by Lynch. Motion carried 6-0. Iowa for the 5 Street Reconstruction Project – Delhi Street to Alpine Street. BOARDS/COMMISSIONS Whereas, notice of hearing on plans, specifica- tions, form of contract, and estimated cost was Applicants are invited to address the Council published as required by law. regarding their desire to serve on the following NOW THEREFORE, BE IT RESOLVED BY Boards/Commissions: THE CITY COUNCIL OF THE CITY OF DUBU- Historic Preservation Commission (Three 3-QUE, IOWA: year At-Large terms through 7/1/09 [terms of That the said plans, specifications, form of Loney-Bichell, Gibbs, Olson] and one 3-year contract and estimated cost are hereby ap- Cathedral District term through 7/1/09 [term of proved as the plans, specifications, form of Coty]) Applicants: At-Large – Mary Loney-contract and estimated cost for said improve- Bichell, Matthew Lundh and Chris Olson; Cathe-ments for said project. th dral District – Michael Cody Chris Olson and Passed, adopted and approved this 5 day of Michael Coty spoke requesting consideration for June, 2006. reappointment. Ann E. Michalski, Mayor Pro-Tem Regular Session, June 5, 2006 201 Attest: Jeanne F. Schneider, CMC, City Clerk be rezoned to R-2 and City Manager submitting Cline moved adoption of the Resolution. information on the rezoning request of NCR Seconded by Connors. Motion carried 6-0. Developers, Inc., presented and read. Connors moved that the proof and communications be RESOLUTION NO. 229-06 received and filed. Seconded by Braig. Motion RESOLUTION WITH RESPECT TO THE carried 6-0. ADOPTION OF THE RESOLUTION OF NE- Martin McNamer, NCR Developers, Inc., TH CESSITY PROPOSED FOR THE 5 STREET spoke in support of the rezoning and requested RECONSTRUCTION PROJECT – DELHI that he be granted the R-3 designation as this STREET TO ALPINE STREET would allow more flexibility for the size of devel- Whereas, the City Council has proposed a opment he was proposing. th Resolution of Necessity for the 5 Street Recon-George Doremus, 11902 Park View Lane, struction Project – Delhi Street to Alpine Street stated he was not opposed to the rezoning of has given notice of the public hearing thereon as the property but he was opposed to the in- required by law; and creased traffic the development would generate Whereas, the public hearing has been held, all on North Cascade Road which needs drastic persons offering objections have been heard improvements. and consideration given to all objections and is Mona Woodward, 11902 Park View Lane, pending before this Council; and requested that the development be restricted to Whereas, this is the time and place set as single family residences and that two exits be provided for the taking of action on the proposed available at all times. She also stressed the Resolution of Necessity. need for reconstruction of North Cascade Road. NOW THEREFORE, BE IT RESOLVED BY John Steger, North Cascade Road, stated he THE CITY COUNCIL OF THE CITY OF DUBU-would not be opposed to the development if QUE, IOWA: improvements were made to North Cascade That the proposed Resolution of Necessity Road. described above is hereby: William Apel, 11665 North Cascade Road, X_ Adopted, without amendment, and all stated that the road is used as a short cut to objections filed or made having been Peosta and needs reconstruction. duly considered are overruled. An Ordinance Amending Appendix A (the Adopted as amended by the Schedule Zoning Ordinance) of the City of Dubuque Code of Assessments attached hereto as of Ordinances by reclassifying hereinafter Exhibit A, and made a part hereof by described property located south of North reference. All objections filed or made Cascade Road from Dubuque County A-1 having been duly considered are over-Agricultural and R-2 Single-Family Residential ruled. District to City of Dubuque R-3 Moderate Densi- Deferred for later consideration to a ty Multi-Family Residential District concurrent City Council meeting to be held on the with annexation, presented and read. Connors _____ day of , 2006, next at moved that this be considered the first reading 6:30 p.m. in the Public Library Audito-of the Ordinance and directed that the zoning be rium, with jurisdiction retained for fur-designated as R-2. Seconded by Braig. Motion ther consideration and action at the ad-carried 6-0. journed meeting. Abandoned. Gary and Mary Beth Valentine – Request to th Passed, adopted and approved this 5 Rezone: Proof of publication on notice of hear- day of June, 2006. ing to consider a request from Gary and Mary Ann E. Michalski, Mayor Pro-Tem Beth Valentine to rezone property located at the Attest: Jeanne F. Schneider, CMC, City Clerk southeast corner of North Cascade Road and Cline moved adoption of the Resolution. Edval Lane from County A1 Agricultural / R2 Seconded by Connors. Motion carried 6-0. Single-Family Residential District to City R-3 Moderate Density Multi-Family Residential NCR Developers, Inc. / Martin McNamer – District in conjunction with annexation to the City Request to Rezone / Improvements to North of Dubuque and Zoning Advisory Commission Cascade Road: Proof of publication on notice of recommending approval with the condition that hearing to consider a request from NCR Devel-the property be rezoned to R-2 Two-Family opers, Inc./Martin McNamer to rezone property Residential and City Manager submitting infor- located south of North Cascade Road from mation on the rezoning request of Gary and County A1 Agricultural/R2 Single-Family Resi-Mary Beth Valentine, presented and read. dential District to City R-3 Moderate Density Connors moved that the proof and communica- Multi-Family Residential District in conjunction tion be received and filed. Seconded by Jones. with annexation to the City of Dubuque and Motion carried 6-0. Zoning Advisory Commission recommending Gary Valentine spoke stating a preference for approval with the condition that the entire area the R-3 zoning but stated he would agree with 202 Regular Session, June 5, 2006 R-2. The rezoning was being requested to be the City of Dubuque contingent on approval of consistent with the nearby NCR development the development annexation agreement and City and also because the Southwest Arterial, as Manager recommending approval and a Resolu- proposed, will go through the middle of his tion Approving application for voluntary annexa- property and the rezoning will give him options tion of territory owned by North Cascade Road for the future. Developers, LLC and American Trust and George Doremus, 11902 Park View Lane, Savings Bank, as Trustee, presented and read. reiterated that they could not forget about the After holding the public hearing on the annexa- road and that a solid plan was necessary. tion request and hearing no comments, Cline Mona Woodward, 11902 Park View Lane, moved to receive and file the proof and commu- commented that the R-2 designation would nications. Seconded by Lynch. Motion carried 6- leave control of the development in the City 0. Jones moved to table this to the 6/19/06 Council’s hands. Council Meeting. Seconded by Braig. Motion City Manager stated that as part of the annex-carried 6-0. ation agreements the City had committed to improve North Cascade Road by 2012. Gary and Mary Beth Valentine – Request for An Ordinance Amending Appendix A (the Voluntary Annexation: Proof of publication on Zoning Ordinance) of the City of Dubuque Code notice of hearing to consider a request from of Ordinances by reclassifying hereinafter Gary and Mary Beth Valentine to voluntarily described property located at the southeast annex 58.62 acres to the City of Dubuque corner of North Cascade Road and Edval Lane contingent on approval of the development from Dubuque County A1 Agricultural and R2 annexation agreement and City Manager Single-Family Residential District to City of recommending approval and a Resolution Dubuque Moderate Density Multi-Family Resi-Approving application for voluntary annexation dential District concurrent with annexation, of territory owned by Gary L. and Mary Beth presented and read. Connors moved that this be Valentine, presented and read. After holding the considered the first reading of the Ordinance. public hearing on the annexation request and Seconded by Jones. Motion carried 6-0. hearing no comments. Jones moved to table this item to the 6/19/06 Council meeting. Seconded Thomas and Sheri Henschel – Request to by Connors. Motion carried 7-0. Rezone: Proof of publication on notice of hear- ing to consider a request from Thomas and Thomas and Sheri Henschel – Request for Sheri Henschel to rezone property located west Voluntary Annexation: Proof of publication on of Miller Road in Dubuque County from County notice of hearing to consider a request from R2 Single-Family Residential District and City Thomas and Sheri Henschel to voluntarily annex AG Agricultural District to City R-2 Two-Family 39.08 acres to the City of Dubuque contingent Residential District in conjunction with annexa-on approval of the development annexation tion to the City of Dubuque and Zoning Advisory agreement and City Manager recommending Commission recommending approval, presented approval and Resolution Approving application and read. Connors moved that the proof and for voluntary annexation of territory owned by communication be received and filed. Seconded Tom and Sheri Henschel, individually and as by Cline. Motion carried 6-0. trustees, presented and read. After holding the Tom Henschel, 995 June Drive, spoke clarify-public hearing on the annexation request and ing that 12 acres of the 39 acre parcel would be hearing no comments, Connors moved to R-2 but the rest would remain AG Agricultural. receive and file and tale this item to the 6/19/06 An Ordinance Amending Appendix A (the Council meeting. Seconded by Braig. Motion Zoning Ordinance) of the City of Dubuque Code carried 7-0. of Ordinances by reclassifying hereinafter described property located west of Miller Road Hwy 151 & 61 Development, LLC Develop- from Dubuque County R2 Single-Family Resi-ment Agreement: Proof of publication on notice dential District and City of Dubuque AG Agricul-of hearing to consider approval of a develop- tural District to City of Dubuque R-2 Two-Family ment agreement with Hwy 151 & 61 Develop- Residential District, concurrent with annexation, ment, LLC that provides for public financial presented and read. Connors moved that this be assistance and other considerations for the considered the first reading of the Ordinance. redevelopment of the former Smithfield property Seconded by Cline. Motion carried 6-0. on 16th Street and City Manager recommending approval, presented and read. Connors moved NCR Developers, Inc./Martin McNamer – that the proof and communication be received Request for Voluntary Annexation: Proof of and filed. Seconded by Lynch. Motion carried 7- publication on notice of hearing to consider a 0. request from NCR Developers, Inc./Martin McNamer to voluntarily annex 181.59 acres to Regular Session, June 5, 2006 203 Wayne Briggs, Hwy 151 & 61 Development publication on notice of hearing to consider LLC, and Dan McDonald, Greater Dubuque adoption of the plans and specifications for the Development Corporation, spoke in support of University Avenue Culvert and Sanitary Sewer the project. Extension Reconstruction Project and award of the contract to Tschiggfrie Excavating Co. in the RESOLUTION NO. 230-06 amount of $363,808.28 and City Manager AUTHORIZING THE EXECUTION OF A DE- recommending approval, presented and read. VELOPMENT AGREEMENT WITH HWY 151 & Cline moved that the proof and communication 61 DEVELOPMENT, INC. be received and filed. Seconded by Connors. Whereas, the City Council of the City of Motion carried 6-0. Dubuque, Iowa, after public hearing, duly RESOLUTION NO. 231-06 adopted an Urban Renewal Plan (the Plan) for ADOPTING PLANS AND SPECIFICATIONS the Kerper Boulevard Urban Renewal District (the District); and Whereas, on the 26th day of April, 2006, Whereas, the Plan provides that the City may plans, specifications, form of contract and undertake special financing activities, including estimated cost were filed with the City Clerk of loans or grants to private developers, to meet Dubuque, Iowa for the University Avenue the objectives of the Plan and to encourage the Culvert Extension and Sanitary Sewer Recon- development of the District; and struction Project. Whereas, the City Council has determined, in Whereas, notice of hearing on plans, specifica- accordance with Section 15A.1 of the Iowa tions, form of contract, and estimated cost was Code, that Hwy 151 & 61 Development, LLC is published as required by law. qualified to receive such loan or grant assis- NOW THEREFORE, BE IT RESOLVED BY tance to assist with the relocation and expansion THE CITY COUNCIL OF THE CITY OF DUBU- of its facility in the District; and QUE, IOWA: Whereas, pursuant to published notice, the That the said plans, specifications, form of City Council has held a public hearing on the contract and estimated cost are hereby ap- proposition of obligating Tax Increment Revenue proved as the plans, specifications, form of to assist Hwy 151 & 61 Development, LLC, and contract and estimated cost for said improve- has considered and overruled any and all ments for said project. th objections thereto; and Passed, adopted and approved this 5 day of Whereas, it is expected that the aggregate June, 2006. amount of the Tax Increment Revenue obliga-Ann E. Michalski, Mayor Pro-Tem tions will be $5 million, more or less, due to Attest: Jeanne F. Schneider, CMC, City Clerk assessment increases and/or tax rate adjust- Cline moved adoption of the Resolution. ments; and Seconded by Connors. Motion carried 6-0. Whereas, a Development Agreement, at- RESOLUTION NO. 232-06 tached hereto and by this reference made a part AWARDING CONSTRUCTION CONTRACT hereof, sets forth the terms and conditions of the FOR THE UNIVERSITY AVENUE CULVERT disbursement of Tax Increment Revenue EXTENSION AND SANITARY SEWER RE- proceeds to Hwy 151 & 61 Development, LLC CONSTRUCTION PROJECT NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- Whereas, sealed proposals have been submit- QUE, IOWA: ted by contractors for the University Avenue Section 1. That the form of Development Culvert Extension and Sanitary Sewer Recon- Agreement by and between the City of Dubuque struction Project (the Project) pursuant to and Hwy 151 & 61 Development, LLC attached Resolution No. 178-06 and notice to bidders hereto, is hereby approved. published in a newspaper published in the City th Section 2. That the Mayor and City Clerk are of Dubuque, Iowa on the 5 day of May, 2006. hereby authorized and directed to execute, on Whereas, said sealed proposals were opened rd behalf of the City of Dubuque, Iowa, said Devel-and read on the 23 day of May, 2006, and it opment Agreement. has been determined that the bid of Tschiggfrie Passed, approved and adopted this 5th day of Excavating Co. of Dubuque, Iowa, in the amount June, 2006. of $363,808.28 was the lowest bid for the Ann E. Michalski, Mayor Pro-Tem furnishings of all labor and materials and per- Attest: Jeanne F. Schneider, City Clerk forming the work as provided for in the plans Connors moved adoption of the Resolution. and specifications; and Seconded by Lynch. Motion carried 6-0. Whereas, the City is required to obtain a Connors expressed appreciation for this permit from the Iowa DNR prior to the com- development. mencement of any work on the Project; and Whereas, Tschiggfrie Excavating Company is University Avenue Culvert and Sanitary Sewer willing to enter into a contract for the Project with Extension Reconstruction Project: Proof of the express condition, that if the necessary Iowa 204 Regular Session, June 5, 2006 DNR permit is not issued within one hundred Connors moved that the rules be reinstated twenty days from the date of this resolution, that limiting discussion to the Council. Seconded by the contract shall be deemed null and void and Braig. Motion carried 6-0. of no further force and effect. ACTION ITEMS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: St. Mark Community Center: Communication Section 1. That the contract for the above from Sr. Inez Turnmeyer, Saint Mark Community improvement be awarded to Tschiggfrie Exca-Center, appealing the denial of the Historic vating Co. on the express condition, and the Preservation Commission to allow wrapping contract shall include a provision that so pro-wood window trim with aluminum and requesting vides, that if the necessary Iowa DNR permit is that the City Council approve their request to not issued within one hundred twenty days from continue wrapping the windows of the Center at th the date of this resolution, that this resolution 1201 Locust and 391 West 12 Street and City and the contract shall be deemed null and void Manager transmitting information regarding the and of no further force and effect. appeal filed by St. Mark’s Community Center for Section 2. The Manager be and is hereby the denial by the Historic Preservation Commis- directed to execute a contract on behalf of the sion to allow wrapping wood window trim with City of Dubuque for the complete performance aluminum, presented and read. Cline moved the of the work. communications be received and filed and allow Section 3. That upon the signing of said continuing with the wrapping. Dick Landis, 2390 contract and the approval of the contractor’s Clarke Crest Drive, and Sister Inez Turnmeyer, bond, the City Treasurer is authorized and spoke clarifying the request. Mike Coty of the instructed to return the bid deposits of the Historic Preservation Commission spoke stating unsuccessful bidders. that the Commission had done its best trying to th Passed, approved and adopted this 5 day of make concessions in this case. June, 2006. Cline moved to receive and file the communi- Ann E. Michalski, Mayor Pro-Tem cations and reverse the denial of the Historic Attest: Jeanne F. Schneider, CMC, City Clerk Preservation Commission and continue with the Cline moved adoption of the Resolution. aluminum window wrapping. Seconded by Braig. Seconded by Connors. Motion carried 6-0. Motion failed due to the following vote: Yeas— Braig, Cline. Nays—Connors, Jones, Lynch, RESOLUTION NO. 233-06 Michalski. APPROVING CONSTRUCTION CONTRACT Cline moved to receive and file the communi- WITH TSCHIGGFRIE EXCAVATING COMPA- cations and refer the matter back to the Historic NY FOR THE UNIVERSITY AVENUE CUL- Preservation Commission. Seconded by Con- VERT EXTENSION AND SANITARY SEWER nors. Motion carried 6-0. RECONSTRUCTION PROJECT Whereas the City Council by Resolution No. Eagle Point Bluff Study: City Manager recom- 232-06 awarded the construction contract for the mending approval to hire Kleinfelder, Inc. to help University Avenue Culvert Extension and Sanita-develop bid documents to scale the loose rocks ry Sewer Reconstruction Project to Tschiggfrie and remove trees from the brow of the slope of Excavating Company; and the Eagle Point Bluff and to hire them to inspect Whereas Tschiggfrie Excavating Co. has the work as it is performed, presented and read. submitted the attached executed contract and Cline moved that the communication be re- bond. ceived and filed and approved recommendation. NOW THEREFORE, BE IT RESOLVED BY Seconded by Lynch. Motion carried 6-0. THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Gas and Electric Franchise Fee: City Manager 1. The contract and bond attached hereto are recommending approval of the issuance of a hereby approved. Request for Proposals to select a consultant to 2. The City Manager is hereby authorized and do an analysis of the City’s administrative directed to execute the contract on behalf of the expenses with regard to administering a fran- City of Dubuque. chise fee and that the two percent fee continue th Passed, approved and adopted this 5 day of to be collected, presented and read. Connors June, 2006. moved that the communication be received and Ann E. Michalski, Mayor Pro-Tem filed and approved recommendation. Seconded Attest: Jeanne F. Schneider, CMC, City Clerk by Lynch. Motion carried 6-0. Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 6-0. Historic Preservation Commission – Ordinance and Funding Amendments: Historic Preservation Commission recommending approval of an Regular Session, June 5, 2006 205 amendment to the Historic Preservation Ordin-significance as sites for the education, pleasure ance to allow Individual Designation of Historic and welfare of the people of the city. Properties and to amend the Historic Preserva-Sec. 25-2. Definitions: tion Funding Programs to make individually For the purpose of this chapter, the following designated historic properties eligible for fund-words and phrases shall have the meanings ing, presented and read. Connors moved that ascribed to them below: the communication be received and filed. Alteration: Any act or process which changes Seconded by Braig. Motion carried 6-0. the exterior architectural appearance of a structure, site or area, including, but not limited An Ordinance Amending Chapter 25 (Historic to, the erection, construction, reconstruction, Preservation) of the City of Dubuque Code of restoration, removal or demolition of any struc- Ordinances to provide for individual designation ture or part thereof, excavation, or the addition of historic properties, presented and read. of an improvement. Archeological Significance: A determination OFFICIAL PUBLICATION based on the following criteria: ORDINANCE NO. 38-06 (1) The site is associated with events that have AMENDING CHAPTER 25 (HISTORIC PRE- made a significant contribution to, and are SERVATION) OF THE CITY OF DUBUQUE identified with, or that outstandingly represent, CODE OF ORDINANCES TO PROVIDE FOR the broad cultural patterns of U.S. history and INDIVIDUAL DESIGNATION OF HISTORIC from which an understanding and appreciation PROPERTIES. of those patterns may be gained; or Whereas, the Historic Preservation Commis-(2) The site is associated importantly with the sion has the power and duty to conduct an lives of persons nationally significant in U.S. ongoing survey to identify historically, archaeo-history; or logically and architecturally significant proper-(3) The site represents some great idea or ideal ties, structures and areas that exemplify the of the American people; or cultural, social, economic, political, archeological (4) The site embodies the distinguishing charac- or architectural history of the nation, state or city; teristics of an architectural type or specimen and exceptionally valuable for a study of a period, Whereas, the City of Dubuque has established style or method of construction, or that goals and programs for the conservation, represents a significant, distinctive and excep- preservation, and revitalization of historic re-tional entity whose components may lack sources in the community. individual distinction; or NOW, THEREFORE, BE IT ORDAINED BY (5) The site is composed of integral parts of the THE CITY COUNCIL OF THE CITY OF DUBU-environment not sufficiently significant by reason QUE, IOWA: of historical association or artistic merit to Section 1. Chapter 25 (Historic Preservation) warrant individual recognition, but collectively of the City of Dubuque Code of Ordinances is compose an entity of exceptionally historical or hereby amended as follows: artistic significance, or outstandingly commemo- Sec. 25-1. Purpose And Intent: rate or illustrate a way of life or culture; or The purpose of this chapter is to: (6) The site has yielded or may be likely to yield (1) Promote the educational, cultural, economic information of major scientific importance by and general welfare of the public through the revealing new cultures, or by shedding light protection, enhancement and perpetuation of upon periods of occupation over large areas of districts, individually designated historic proper-the U.S. Such sites are those which have ties, landmarks, and landmark sites of prehistor-yielded, or which may reasonably be expected ic, historic, architectural, archeological and to yield data affecting theories, concepts and cultural significance; ideas to a major degree. (2) Safeguard the city's prehistoric, historic, Architectural Significance: A determination aesthetic, architectural, archeological and based on the following criteria: cultural heritage by preserving historic proper-(1) The structure(s) is (are) the work of, or ties, districts, landmarks, and landmark sites of associated with, a nationally or locally noted historical, architectural and cultural significance; architect, architectural firm, engineer, builder or (3) Stabilize and improve property values; craftsman; or (4) Foster civic pride in the legacy of beauty and (2) The structure(s) is (are) an example of a achievements of the past; particular period of architecture or architectural (5) Protect and enhance the city's attractions to style in terms of detail, material, method of tourists and visitors and the support and stimu-construction or workmanship, with no or negligi- lus to business thereby provided; ble irreversible alterations to the original struc- (6) Strengthen the economy of the city; and ture; or (7) Promote the use of properties, districts, (3) The structure(s) is (are) one of the few landmarks, and landmark sites of prehistoric, remaining examples of a particular architectural historic, architectural, archeological and cultural style; or 206 Regular Session, June 5, 2006 (4) The structure(s) is (are) one of a contiguous (3) Nonetheless does require a regulated permit. group of structures which have a sense of District: A definable geographic area that can be cohesiveness which is expressed through a distinguished from surrounding properties, and similarity of characteristics, a similarity of a style, which possesses a significant concentration, a similarity of period, a similarity of method of linkage, or continuity of sites, buildings, struc- construction or which accent the architectural tures or objects united historically or aesthetical- significance of the area. ly by plan or physical development. Building: Any structure used or intended for Excavation: The digging out or removal of earth, supporting or sheltering any use or occupancy, soil. typically for any form of human activity. A Exterior Architectural Appearance: The architec- building also may refer to an historically and tural style and character and the general com- functionally related unit, such as a courthouse position and arrangement of the exterior of a and jail or a house and barn. Examples of building or structure. buildings include: carriage house, church, Exterior Features: The architectural style and garage, hotel, house, library, school, shed, store the general design and arrangement of the or theater. exterior of a structure, including, but not limited Certificate Of Appropriateness: A document to, the kind and texture of the building materi- issued by the historic preservation commission al(s), and the type, style and arrangement of all indicating its approval of plans for an alteration windows, doors, light fixtures, signs and other or activity which will: appurtenant elements, or the natural features of (1) Create a material change in appearance, or a landmark, landmark site or structure. In the the removal or demolition, of a landmark, land-case of outdoor advertising signs, "exterior mark site or of a structure within an historic feature" includes the style, material, size and district; and location of the sign. (2) Require a regulated permit. Historic District: An area designated by ordin- Certificate Of Economic Non-viability: A docu-ances of the city council which: ment issued by the historic preservation com-(1) Has defined geographic boundaries; mission which acknowledges an exception as (2) Contains contiguous pieces of property herein defined and which authorizes an altera-under diverse ownership; and tion or activity: (3) Is one or more of the following: (1) Which creates a material change in appear-a. Significant to American history, architecture, ance, or the removal or demolition, of a land-prehistoric or historic archaeology or culture; or mark, landmark site or of a structure within an b. Possesses integrity of location, design, historic district; setting, materials, workmanship, feel and asso- (2) Which requires a regulated permit; and ciation; or (3) For which a certificate of appropriateness c. Associated with events that have been a has been or would be denied; however, a significant contribution to the broad patterns of certificate of economic non-viability shall be our prehistory or history; or issued only upon a showing that the property d. Associated with the lives of persons signifi- owner will be deprived of any reasonable eco-cant with our past; or nomic return on the property if not allowed to e. Embodies the distinctive characteristics of a proceed with the requested alteration or activity. type, period, or method of construction; or Commission: The Dubuque historic preservation f. Represents the work of a master; or commission, as established by this chapter. g. Possesses high artistic values; or Demolition: Any act or process which destroys in h. Represents a significant and distinguishable part or in whole a landmark or a structure. entity whose components may lack individual Design Guideline: A standard of acceptable distinction; or activity which will preserve the prehistoric, i. Has yielded, or may be likely to yield, informa- historic, architectural, archeological and cultural tion important to prehistory and history. character of a building, district, landmark, site or Historic Significance: A determination based on structure. the following criteria: Determination Of No Material Effect: A docu-(1) The structure(s) or site(s) has (have) a ment issued by the city manager or the city strong association with the life or activities of a manager's designee indicating approval for any person or persons who have contributed to or normal "repair" or act of maintenance as defined participated in the historic events of the nation, by this chapter, which: state or community; or (1) Is not an "alteration", construction, removal, (2) The structure(s) or site(s) is (are) associated "demolition" or "excavation" as defined by this with an association or group (whether formal or chapter; informal) which has contributed to or participated (2) Does not create a material change in the in historic events of the nation, state or commu- exterior architectural appearance or exterior nity; or features of a structure or site; and Regular Session, June 5, 2006 207 (3) The structure(s) or site(s) or object(s) is (are) ordinance, in the case of a district that has been associated with an antiquated use due to previously designated. technological or social changes in the nation, Object: As distinguished from buildings and state or community, such as, but not limited to, a structures, objects are those constructions that blacksmith's shop or railroad trestle; or are primarily artistic in nature or are relatively (4) The site(s) or object(s) is (are) a monument small in scale and simply constructed. Although to or a cemetery of historic personages. it may be, by nature or design, movable, an Improvement: Any building, structure, parking object is associated with a specific setting or facility, fence, gate, wall, work of art or other environment. Examples of objects include: object constituting a physical betterment of real fountain, milepost, monument, sculpture or property, or part of such betterment. statuary. Individually Designated Historic Properties: Owner Of Record: Any person, firm, corporation historical designation offered for individual or other legal entity listed as owner on the properties determined to have prehistoric, records of the county recorder of Dubuque historic, architectural, archeological and cultural County. significance and which are not of a landmark Preservation Alternatives: Financial incentives status or located within a historic district. and restoration alternatives sufficient for the Integrity: The original, unaltered or historically property owner to earn a reasonable economic altered appearance of a structure, site or area return. Financial incentives include, but are not when taken as a whole. limited to, financing, tax credits, tax abatements, Landmark: A property or structure designated by preservation grants or other similar incentives. ordinance of the city council pursuant to proce-Restoration alternatives include, but are not dures described herein, that is worthy of preser-limited to, different materials, techniques or vation, rehabilitation or restoration because of its methods for rehabilitation of historic buildings prehistoric, historic, architectural, archeological and structures, or archeological sites. or cultural significance to the city, the state or Regulated Permit: An official document or nation. certificate issued by the building official, city Landmark Site: Any parcel of land of prehistoric engineer or other official of the city pursuant to or historic archeological significance, or historic provisions of the building code or other ordin- significance due to its substantial value in ance or regulation, and which authorized the tracing the prehistory or history of Native Ameri-performance of a specified activity. cans, or upon which an historic event has Repair: Any change which does not require a occurred, and which has been designated as a building permit, and which is not construction, landmark site under this section, or an improve-removal or demolition. ment parcel, or part thereof, on which is situated Scale: In a building or structure, the relationship a landmark and any abutting improvement of the vertical, horizontal and volume measure- parcel, or part thereof, used as and constituting ments; the relationship of the parts to one part of the premises on which the landmark is another within a building, or structure or in situated. comparison to other buildings or structures Material Change Of Appearance: Any change, within that vicinity. alteration or modification of the external archi-Site: The location of a significant event, a tectural appearance or exterior features of a prehistoric or historic occupation or activity, or a building, improvement, structure or property building or structure, whether standing, ruined, which is visible from the public way and for or vanished, where the location itself possesses which a regulated permit is required for com-historic, cultural, or archeological value regard- pliance with applicable local codes, including, less of the value of any existing structure. but not limited to: Examples of sites include: cemetery, designed (1) Changes in the exterior size, configuration, landscape, habitation site, natural feature having fenestration or other structural features of the cultural significance, rock carving, rock shelter, property; or ruins, trail or village site. (2) Construction or reconstruction; or Structure: Anything constructed or erected, the (3) Demolition; or use of which requires a permanent or temporary (4) Any alteration in the size, location or appear-location on or in the ground, including, but not ance of any sign on the property; or limited to, the following: earthwork, fences, (5) Any excavation on property or the deposit of gazebos, advertising signs, billboards, back- any waste, fill or other material on property. stops for tennis courts, radio and television (6) For individual historic districts, the definition antennas, including supporting towers, and of "material change in appearance" may be swimming pools. As distinguished from build- expanded to include additional activities for ings, structures are those functional construc- which a certificate of appropriateness is re-tions made usually for purposes other than quired. Such additional activities shall be deli-creating human shelter. neated in the ordinance designating an individu- al district or by amending the district designating 208 Regular Session, June 5, 2006 Sec. 25-3. Historic Preservation Commission required for the approval of plans or the adop- Established; Membership; Term Of Office; tion of any resolution, motion or other action of Vacancies In Office: the commission. (a) The historic preservation commission is (h) The vote of each member of the commission hereby established and shall consist of nine (9) shall be recorded. members who shall be residents of the city. (i) A member of the commission shall attend at (b) Members of the commission shall be ap-least two-thirds (2/3) of all scheduled meetings pointed by the city council as follows: one within any consecutive twelve (12) month period. resident from each designated historic preserva-If any member does not attend such prescribed tion district, including the districts hereinafter number of meetings it shall constitute grounds established; and four (4) at large members. for the commission to recommend to the city Each member shall possess qualifications council that said member be replaced. Atten- evidencing expertise or interest in architecture, dance of all members shall be entered on the history, archeology, law, construction or building minutes. rehabilitation, city planning or conservation in (j) The commission shall file with the city council general. One commission member shall be a a copy of the minutes of each regular and licensed architect. special meeting of the commission within ten (c) Members shall serve three (3) year terms. (10) working days after each meeting. (d) Vacancies occurring in the commission, Sec. 25-5. Powers And Duties Generally; other than through expiration of term of office, Procedures For Operations: shall be only for the unexpired portion of the (a) The general duties and powers of the com- term of the member replaced. Each member mission shall be as follows: shall serve until the appointment of a successor. (1) To promote and conduct educational and (e) Members may serve for more than one term. interpretive programs on historic properties (f) Vacancies shall be filled by the city council in within its jurisdiction; accordance with the requirements set forth (2) To develop and adopt specific standards for above. review and design guidelines, in addition to (g) Members shall serve without compensation. those set forth in subsection 25-10(a) of this Sec. 25-4. Election Of Officers; Organization; chapter, for the alteration of landmarks, land- Rules And Bylaws; Conduct Of Meetings; mark sites, individually designated historic Record Of Actions; Attendance At Meetings: properties and property and structures within (a) The commission shall elect from its member-historic districts; ship a chairperson and vice chair-person, whose (3) To adopt its own bylaws; terms of office shall be fixed by bylaws adopted (4) To identify, evaluate, register, manage and by the commission. The chairperson shall protect significant prehistoric and historic arc- preside over meetings of the commission and heological sites; shall have the right to vote. The vice chairperson (5) To conduct an ongoing survey to identify shall, in cases of absence or disability of the historically, archaeologically and architecturally chairperson, perform the duties of the chairper-significant properties, structures and areas that son. exemplify the cultural, social, economic, political, (b) The city manager shall designate a person to archeological or architectural history of the serve as secretary to the commission. The nation, state or city; secretary shall keep a record of all resolutions, (6) To research and recommend to the city proceedings and actions of the commission. council the adoption of ordinances designating (c) The commission shall adopt rules or bylaws areas as having historic, architectural, archeo- for the transaction of its business. The bylaws logical or cultural value or significance as shall provide for, but not be limited to, the time "historic districts"; and place of holding regular meetings, the (7) To research and recommend to the city procedure for the calling of special meetings by council the adoption of ordinances designating the chairperson or by at least three (3) members properties or structures having historic, architec- of the commission and quorum requirements. tural, archeological or cultural value or signific- (d) All meetings of the commission shall be ance as "landmarks" or "landmark sites"; subject to Iowa Code chapter 21, the Iowa open (8) To research and recommend to the city meetings act. council the adoption of ordinances designating (e) The commission shall keep a record of its properties as having historic, architectural, resolutions, proceedings and actions. The archeological or cultural value or significance as records shall be subject to Iowa Code chapter " Individually Designated Historic Properties"; 22, the Iowa public records act. (9) To maintain a register of all properties and (f) A quorum of the commission shall be required structures which have been designated as in order to transact business. landmarks, landmark sites or historic districts, (g) The affirmative vote of a majority of commis-including all information required for each sion members present at a meeting shall be designation; Regular Session, June 5, 2006 209 (10) To assist and encourage the nomination of (c) Criteria For Consideration Of A Nomination: landmarks, landmark sites and historic districts The commission shall, upon such investigation to the national register of historic places, and as it deems necessary, make a determination as review and comment at a public hearing on any to the following: national register nomination submitted to the (1) The nominated property, structure, object, commission upon the request of the mayor, city site or area: council or the state bureau of historic preserva-a. Is of "architectural significance", as defined by tion; this chapter; or (11) To confer recognition upon the owners of b. Is associated with events that have made a landmarks, individually designated historic significant contribution to the broad patterns of properties or of property or structures within the history of the city of Dubuque, Dubuque historic districts; County, the state of Iowa or the nation; or (12) To review in-progress or completed work to c. Is associated with the lives of persons signifi- determine compliance with specific certificates cant in the past of the city of Dubuque, Dubuque of appropriateness or certificates of economic County, the state of Iowa or the nation; or non-viability; and d. Has yielded, or may be likely to yield, informa- (13) To serve as an advisory design review body tion important in prehistory or history; and to the city council for review of public works (2) The structure, property, object, site or area projects which have historic preservation impli-has sufficient integrity of location, design, cations in historic districts, individually designat-materials and workmanship to make it worthy of ed historic properties, or for alteration of land-preservation or restoration; and marks, landmark sites or structures, that would (3) The structure, property, object, site or area is result in a material change in appearance or be at least fifty (50) years old, unless the commis- visible from the public way. sion determines that it has achieved significance (b) The commission shall be governed by the within the past fifty (50) years and is of excep- administrative, personnel, accounting, budgetary tional importance. and procurement policies of the city. (d) Notification of Nomination: Within sixty (60) Sec. 25-6. Identification And Designation Of days after receipt of a completed nomination in Landmarks, Landmark Sites, Individually Desig-proper form, the commission shall hold a public nated Historic Properties And Historic Districts: hearing. Notice that a nomination for designation (a) Generally: The commission may conduct is being considered and the date, time, place studies for the identification and nomination of and purpose of the public hearing shall be sent landmarks, landmark sites, individually desig-by certified mail, at least fourteen (14) days prior nated historic properties and historic districts, as to the date of the hearing, to the owner(s) of defined by this chapter. The commission may record of the nominated landmark or landmark proceed on its own initiative or upon a petition site, nominated individually designated historic from any person, group or association. property, or property within the nominated (b) Nomination: historic district and to the nominator(s). Notice (1) Landmarks And Landmark Sites: The nomi-shall also be published in a newspaper having nation of landmarks and landmark sites shall be general circulation in the city. The notice shall initiated by an application submitted to the state the street address and legal description of commission by the property owner on a form a nominated landmark or landmark site or the supplied by the commission. boundaries of a nominated district. (2) Historic Districts: The designation of historic (e) Public Hearing: Oral or written testimony districts shall be initiated by a nomination for concerning the significance of the nominated such designation. A nomination shall be made to landmark, landmark site or historic district shall the commission on a form prepared by it and be taken at the public hearing from any interest- may be submitted by a member of the commis-ed person. The commission may request expert sion, the owner of record of property within a testimony, consider staff reports or present its proposed historic district, the city council, or any own evidence regarding the compliance of the other person or organization. When a commis-nominated landmark, landmark site, individually sioner, as a private citizen, nominates an historic designated historic property or historic district district for designation, the nominating commis-with the criteria set forth in subsection (c) of this sioner shall abstain from voting on the designa-section. The owner of any nominated landmark, tion. This provision shall not extend to a desig-landmark site, individually designated historic nation motion presented by a commissioner as property or of any property within a nominated part of commission proceedings. historic district shall be allowed a reasonable (3) Individually Designated Historic Properties: opportunity to present evidence regarding the The nomination of individually designated nomination, shall be afforded the right of repre- historic properties shall be initiated by an appli-sentation by counsel and shall be given reason- cation submitted to the commission by the able opportunity to cross-examine expert wit- property owner on a form supplied by the nesses. The hearing shall be closed upon commission. completion of testimony. 210 Regular Session, June 5, 2006 (f) Determination By The Commission, Recom-shall approve or disapprove the ordinance or mendation And Report: Within thirty (30) days amendment, or refer the nomination back to the following the close of the public hearing, the historic preservation commission for modifica- commission shall make a determination upon tion. A modified nomination shall require com- the evidence as to whether the nominated pliance with the same procedure for designation landmark, landmark site, individually designated as set forth above. historic property or historic district does or does (3) City council approval of the ordinance or not meet the criteria for designation. Such amendment shall constitute designation of the determination shall be made in an open meeting landmark, landmark site, individually designated by resolution of the commission, shall be re-historic property or historic district. duced to writing in the form of a recommenda-(i) Amendment And Rescission Of Designation: tion and shall be supported by a written report in A designation may be amended or rescinded support of the nomination. The commission's upon petition to the commission and compliance recommendation on the nomination of a land-with the same procedure and according to the mark, landmark site, individually designated same criteria as set forth above for designation. historic property or historic district, and its Sec. 25-6.1. Langworthy Historic Preservation supporting report, shall be filed with the long-District: range planning advisory commission, and shall The properties hereinafter described are hereby include a proposed ordinance or amendment designated as an historic preservation district, establishing such landmark, landmark site, according to the provisions of this chapter: individually designated historic property or All of Lots 1 through 3, inclusive; all of Lot 4 historic district and describing its location and excepting the northerly ten (10) feet thereof, all boundaries by address and legal description. of the south half of Lot 6; all of Lots 12 through (g) Action By Long-Range Planning Advisory 16, inclusive; and all of Lots 12A through 16A, Commission: Within sixty (60) days after receipt inclusive; all being in Paulina Langworthy's of the commission's recommendation, report and Addition. The west fifteen (15) feet of lot 4; all of proposed ordinance or amendment, the long-Lot 5, and Lot 6; all being in McCoy Subdivision. range planning advisory commission shall report All of Lots 1 through 6, inclusively, of Lot 2 and to the city council with respect to the relation of Lot 3; all of Lot 4; and all of Lots 5 through 8, the nomination to the general development plan, inclusive, excepting the northerly twelve (12) zoning ordinance, proposed public improve-feet of all of them; all being in Mrs. L. A. Lang- ments and any plans for the renewal of the area worthy's Addition. All of Lots 1 through 12, involved. Upon submission of the report of the inclusive; all of Lots 17 through 21, inclusive; long-range planning advisory commission, or and all of Lots 9 through 53, inclusive; all being upon the expiration of the sixty (60) day period, in Julia Langworthy's Addition. Lots 1 through 4, the matter shall be transmitted to the city coun-inclusive; Lot 1 of Lot 6; Lots 28 through 32, cil. inclusive; Lot 1 of Lot 1 of Lot 1 of Lot 33; and (h) Action By City Council: Lot 1 of Lot 2 of Lot 2 of Lot 33; all being in T. S. (1) The city council shall submit the proposed Nairn's Dubuque Addition. ordinance or amendment to the bureau of Sec. 25-6.2. Old Main Historic Preservation historic preservation of the state historical District: society of Iowa for review and recommendations The properties hereinafter described are hereby at least forty five (45) days prior to the date of designated as an historic preservation district, any public hearing conducted by the city council. according to the provisions of this chapter: Any recommendations made by the bureau of All of city Lots 1 through 12, inclusive; all of city historic preservation shall be made available by Lots 69 through 80, inclusive; and the south the city to the public for viewing during normal sixty-four (64) feet of Lot 1 Block XV of Dubuque working hours at a city government place of Downtown Plaza. public access. Sec. 25-6.3. Jackson Park Historic Preservation (2) Upon receipt of the recommendation and District: report of the historic preservation commission The properties hereinafter described are hereby and the report of the long-range planning designated as an historic preservation district, advisory commission, and after having received according to the provisions of this chapter: a recommendation from the bureau of historic Beginning at the intersection of West 17th and preservation or if the forty five (45) day waiting Heeb Streets, north along Heeb Street to the period has lapsed since submission of the south line of M. A. Rebman's Sub.; west along request for such recommendation, the city said line and the south line of Duncan's Sub. to council shall conduct a public hearing on the the west line of Lot 4-C.L. six hundred seventy- ordinance or amendment establishing the four (674) feet; south along said line to the south proposed landmark, landmark site, individually line of Lot 2-5-C.L. 674; west along said line and designated historic property or historic preserva-along the south line of Lot 1-5-C.L. 674 to Main tion district. After public hearing, the city council Street; west across Main Street and Madison Regular Session, June 5, 2006 211 Avenue to the north line of Lot 5-2-C.L. 673; and along the northwest line of Lot 2-1-1-1-C.L. continuing west along said line to the west line 692 to Raymond Place; southeast along Ray- of said lot; south along said line to Dorgan mond Place to the northwest line of Fenelon Place; west along Dorgan Place to the east line Point Sub.; first northeast then in a clockwise of Lot 1-1A-Dorgan's Sub.; southwest along said manner along said line to the southwest line of line and along the east line of Lot 1-1-Dorgan's Lot 1-E. seventy-eight and five-tenths (78.5) feet Sub. and its extension of West 17th Street; first south one hundred (100) feet-C.L. 692; south- south then in a counterclockwise manner along east along said line to West Third Street to the the westerly line of D.N. Cooley's Sub. and its southwest line of Saint Raphael's Add.; south- southerly extension to the north line of Lot 1-1-west along said line to the northwest line of Lot C.L. 667; east along said line to the east line of 1-2-C.L. 694; first northeast then in a clockwise said lot; south along said line and the east line of manner along said line to the northwesterly most Lot 2-3-C.L. 667 to the south along said line of line of Pixler Place; northeast along said line to Lot 2-1-C.L. 667; east along said line to Bluff the west right-of-way line of Bluff Street; south- Street; south along Bluff Street to the south line east across Bluff Street to the northeast line of of A.L. Brown's Sub.; west along said line to the C.L. 589A; continuing southeast along the east line of Lot 769B of A. McDaniel's Sub.; northeast line of C.L. 589A and the northeast south along said line and the east right-of-way line of C.L. 589 and the northeast line of the line of Grove Terrace and the east line of Cor-north twenty-one (21) feet-north 1/2 C.L. 572 to kery's Sub. to the north line of Lorimer's Sub.; Locust Street; northeast along Locust Street to east along said line to the east line of Lot 1-1-1 the southwest line of the south fifty (50) feet-C.L. and 11 of Lorimer's Sub.; south along said line 568; northwest along said line to Bissell Lane; and its extension to West 9th Street; east along north along Bissell Lane to West Fourth Street; West 9th Street to Locust Street; north along northeast along West Fourth Street to Locust Locust Street to West 10th Street; east along Street; northwest along Locust Street to West West 10th Street to the alley between Locust Seventh Street, the place of beginning as and Main Streets; north along said alley to West described herein. 13th Street; east along West 13th Street to Main Sec. 25-6.5. West Eleventh Street Historic Street; south along Main Street to the south line Preservation District: of the north 1/5-C.L. 465; east along said line The properties hereinafter described are hereby and its extension to the east line of the west 33 designated as an historic preservation district, feet, north 1/5-C.L. 460; north along said line to according to provisions of this chapter: West 13th Street; east along West 13th Street to Beginning at the intersection of Loras Boulevard Iowa Street; north along Iowa Street to West and Bluff Street; south along Bluff Street to the 14th Street; east along West 14th Street to the south line of A.L. Brown's Sub.; west along said alley between Iowa Street and Central Avenue; south line to the east line of Lot 769B of A. north along said alley to West 17th Street; east McDaniel's Sub.; south along said east line and along West 17th Street to Heeb Street, the point along the east right-of-way line of Grove Terrace of beginning. and along the east line of Corkery's Sub. to the Sec. 25-6.4. Cathedral Historic Preservation north line of Lorimer's Sub.; east along said District: north line to the east line of Lot 1-1-1-11- The properties hereinafter described are hereby Lorimer's Sub; south along said east line and its designated as an historic preservation district, southerly extension to West 9th Street; west according to provisions of this chapter: along West 9th Street to the west line of Central Beginning at the intersection of Locust Street Addition; north along said west line to the south and West Seventh Street; southwest along West line of the east twenty-seven (27) feet-Lot 3-C.L. Seventh Street to Bluff Street; northwest along 703; west along said south line to the west line Bluff Street to the northwest line of Lot 5-C.L. of said lot; north along said west line to the north 653A; southwest along said line to the south-line of the west one hundred thirty-nine (139) west line of said lot; southeast along said line to feet-Lot 3-C.L. 703; west along said north line to the northwest line of the north fifty (50) feet of the east line of Lot 2-46A-Farley's Sub.; north Lot 1-1-C.L. 653; southwest along said line to along said east line to Wilbur Street; west along the northeast line of Coriell's Dubuque Sub.; first Wilbur Street to the west line of Lot 2-46A- southeast then in a clockwise manner along said Farley's Sub.; south along said west line to the line to West Fifth Street; southeast along West south line of Lot 1-46-Farley's Sub.; west along Fifth Street; to the northwest line of the west one said south line and along the south line of Lot 1- hundred seven and five-tenths (107.5) feet-west 45-Farley's Sub. to the west line of said Lot 1- one hundred seventy (170) feet-C.L. 624; 45; north along said west line to Wilbur Street; southwest along said line to the northeast line of west along Wilbur Street to Spruce Street; south Cooper Heights Sub; southeast along said line along Spruce Street to the south line of Lot 2-43- and along the northeast line of Lot 1-1-1-1C.L. Farley's Sub.; west along said south line to the 692 to the north right-of-way line of West Fourth east line of the south eighty (80) feet-Lot 37- Street; southwest along said right-of-way line Farley's Sub.; north along said east line to the 212 Regular Session, June 5, 2006 north line of said lot; west along said north line The building situated on City Lots 284 to 285 to the east line of Lot 38-Farley's Sub.; north and part of City Lot 286, commonly known as 36 along said east line to Jefferson Street; west West 8th Street. along Jefferson Street and along the south line Sec. 25-6.10. Julien Dubuque Monument of Lot 2-1-1-3-C.L. 738 to the west line of Lot 2-Landmark: 1-1-3-C.L. 738; north along said west line and The property hereinafter described is hereby along the west line of Lot 1-1-1-3-C.L. 738 and designated as a landmark, according to the along the west line of Lot 2-1-3-C.L. 738 and provisions of this chapter: along the west line of Lot 1-2-1-C.L. 738; to The structure situated on Pt. Lot 1, Government West Eleventh Street; east along West Eleventh Lots 1 and 2, located at terminus of Monument Street to the west line of Lot 12 of Cummin's Drive. Sub.; north along the west lines of Lots 11, 10, 9 Sec. 25-6.11. Mathias Ham House Landmark: and 8 of Cummin's Sub.; north across Race The property hereinafter described is hereby Street; north along the west line of Lot 6 of designated as a landmark, according to the Cummin's Sub. to Chestnut Street; west along provisions of this chapter: Chestnut Street to the west property line of Lot 8 The building situated on Lot 1 of Lot 531 Ham's of Bissell's Dubuque; north along the west Addition, commonly known as 2241 Lincoln property lines of Lots 9, 10, 11, 12, 13, 14 and Avenue. 15 of Bissell's Dubuque and the E. 150' of Lot 5 Sec. 25-6.12. Shot Tower: of C.L. 740; east along the north line of the E. The property hereinafter described is hereby 150' of Lot 5 of C.L. 740 to Walnut Street; north designated as a landmark, according to the along Walnut Street to Loras Boulevard; east provisions of this chapter: along Loras Boulevard to Henion Street; north The Shot Tower structure situated on River along Henion Street to Pickett Street; east along Front Sub 1, located at terminus of Commercial Pickett Street to the east line of Lot 2-7-C.L. Street. 667; south along said east line to the south line Sec. 25-6.13. Four Mounds Estate Historic of Lot 1-4-C.L. 667; first east line then in a District: counter-clockwise manner along the southerly The property hereinafter described is hereby lines of Lot 1-4-C.L. 667 and Lot 1-3-C.L. 667 to designated as a landmark, according to the the west line of Lot 2-1-C.L. 667; south along provisions of this chapter: said west line of the south line of Lot 2-1-C.L. The buildings, structures, objects, sites, and 667; east along said south line to Bluff Street; property situated on Lot 1-1-2-1 & Lot 1-1-2-1-1 south along Bluff Street to Loras Boulevard, the of SW-NW & Gov 1 & min Lot 331 & Lot 1-7-SW place of beginning. & Lot 2-NW-NW all in Sec 1 of T89N-R2E & Lot Sec. 25-6.6. William M. Black Landmark: 1 & Lot 2-1-1-1 of Sub of 1-7 SW and SW of NW The structure hereinafter described is hereby Sec 1 T89N-R2E & Gov Lot 1 a/k/a min Lot 331 designated as a landmark, according to the & Lot 1-1-4, 2-2-4, 2-1-2-4, Lot 2 & 3 of SW Sec provisions of this chapter: 1 of T89N-R2E & Lot 1 Fountain Hill re-sub & Sidewheeler Dredge William M. Black moored at Lot 16 John Deere Dub Tractor Works & Lot 2-1- Inner Levee of the Mississippi River, commonly 1-2-2 of SE 1/4 NE 1/4 Sec 2 of T89N-R2E 5th, known as the Ice Harbor. commonly known as 4900 Peru Road. Sec. 25-6.7. Dubuque City Hall Landmark: Sec. 25-7. Demolition Of Landmarks, Landmark The property hereinafter described is hereby Sites, Individually Designated Historic Properties designated as a landmark, according to the Or Structures In Historic Districts; Demolition By provisions of this chapter: Neglect; Certificate Of Economic Non-viability: The building situated on the N 2/5 of City Lot (a) Demolition Generally: Demolition of land- 448 and the N 2/5 of City Lot 457, commonly marks, landmark sites, individually designated known as 50 West 13th Street. historic properties or structures within historic Sec. 25-6.8. Dubuque County Courthouse districts is prohibited unless, upon application Landmark: and after hearing, the commission issues a The property hereinafter described is hereby certificate of appropriateness or a certificate of designated as a landmark, according to the economic non-viability pursuant to subsection provisions of this chapter: 25-9(h) of this chapter. The building situated on part of City Lot 286 and (b) Demolition By Neglect Prohibited: The owner City Lots 287 to 288, commonly known as 720 of real property in any historic district, or of a Central Avenue. landmark or landmark site, or individually desig- Sec. 25-6.9. Dubuque County Jail Landmark: nated historic property shall preserve and keep The property hereinafter described is hereby from deterioration all buildings and structures designated as a landmark, according to the located on such real property. The owner shall provisions of this chapter: repair the building or structure to correct any of the following defects found by the city's desig- nated enforcement officer: Regular Session, June 5, 2006 213 (1) Parts which are improperly or inadequately (b) No regulated permit or site plan approval attached so that they may fall and injure persons may be issued prior to review by the commis- or property; sion. (2) A deteriorated or inadequate foundation; (c) Upon review, the commission shall have the (3) Defective or deteriorated floor supports or authority to take the following actions: floor supports that are insufficient to carry the (1) Authorize The Proposed Project, Determina- loads imposed; tion Of No Material Effect: (4) Walls, partitions or other vertical supports a. If an application submitted to the commission that split, lean, list or buckle due to defect or demonstrates compliance with the "Secretary Of deterioration or are insufficient to carry the load Interior's Standards And Guidelines For Arc- imposed; haeology And Historic Preservation", the secre- (5) Ceilings, roofs, ceiling or roof supports, or tary of interior's "Standards And Guidelines For other horizontal members which sag, split, or The Treatment Of Historic Properties", and the buckle, due to defect or deterioration or are "Secretary Of The Interior's Standards For insufficient to support the load imposed; Rehabilitation And Guidelines For Rehabilitating (6) Fireplaces and chimneys which list, bulge or Historic Buildings", codified as 36 CFR 68, as settle due to defect or deterioration or are of amended, as established by this chapter and, insufficient size or strength to carry the loads pursuant to the bylaws adopted by the commis- imposed; sion, a determination may be made that such (7) Deteriorated, crumbling or loose exterior work or activity would: stucco or mortar; 1. Not result in a material change in appearance; (8) Deteriorated or ineffective waterproofing of or exterior walls, roofs, foundations or floors, 2. Not be visible from the public way. including broken windows and doors; b. The city manager or city manager's designee (9) Defective or lack of weather protection for shall make such determination and may issue a exterior wall coverings, foundations or floors, determination of no material effect, which shall including broken windows and doors; authorize the proposed work or activity to (10) Any default, defect or condition in the proceed without a public meeting of the com- structure which renders it structurally unsafe or mission. not properly watertight; (2) Approve The Proposed Project; Certificate Of (11) Accumulations of weeds, fallen trees or Appropriateness: limbs, debris, abandoned vehicles, and other a. The commission shall issue a certificate of refuse; appropriateness if, upon application and after (12) Deterioration of any exterior feature so as to conducting a review of the application, it finds: create a hazardous condition which could make 1. That the property owner or the property demolition necessary for the public safety; or owner's representative has established that the (13) Deterioration or removal after the effective proposed alteration or activity complies with the date hereof of any unique architectural feature standards for review set forth by this chapter which would detract from the original architec-and regulated by the commission and conforms tural style. to the purpose and intent of this chapter; and Sec. 25-8. Alteration Of Landmarks, Individually 2. That creating, changing, destroying or affect- Designated Historic Properties, Landmark Sites ing the exterior architectural features of the Or Structures In Historic Districts; Determination structure, improvement or site upon which the Of No Material Effect; Certificate Of Appro-work is to be done will not have a substantial priateness; Review Of Preservation Alternatives; adverse effect on the aesthetic, historic or Certificate Of Economic Non-viability: architectural significance and value of either the (a) After designation of a landmark, landmark property itself or of the neighboring improve- site, individually designated historic property or ments in a district. historic district by the city council, any proposed b. The issuance of a certificate of appropriate- alteration or activity which will affect a landmark, ness shall enable the applicant to obtain a landmark site, individually designated historic regulated permit or site plan approval and to property or structure or site within any historic proceed with the proposed alteration or activity. district, and for which a regulated permit or site (3) Disapprove The Proposed Project; Review plan approval is required, shall be reviewed by Of Preservation Alternatives; Certificate Of the historic preservation commission; however, Appropriateness: nothing in this chapter shall be construed to a. The commission shall issue a certificate of prevent ordinary maintenance or repair of any appropriateness, upon application for and after landmark, landmark site or structure or site conducting a review of preservation alternatives, within an historic district where such mainten-it finds: ance or repair does not involve a material 1. That the property owner or the property change of appearance which necessitates owner's representative has established that the issuance of a regulated permit or site plan preservation alternatives for the proposed approval as herein defined. alteration or activity comply with the standards 214 Regular Session, June 5, 2006 for review set forth by this chapter and regulated tives; Application For Certificate Of Economic by the commission, and conform to the purpose Non-viability: and intent of this chapter; and (a) Application for regulated permit shall be 2. That creating, changing, destroying or affect-made to the appropriate city official. The applica- ing the exterior architectural features of the tion shall state or the appropriate city official structure, improvement or site upon which the shall determine that the proposed alteration, work is to be done will not have a substantial activity or demolition is to be done on a land- adverse effect on the aesthetic, historic or mark, landmark site, individually designated architectural significance and value of either the historic property or on a structure within an property itself or of the neighboring improve-historic district. ments in a district. (b) Upon the filing of such permit application, the b. The issuance of a certificate of appropriate-appropriate city official shall notify the applicant ness after a review of preservation alternatives that the matter must be reviewed by the historic shall enable the applicant to obtain a regulated preservation commission before a regulated permit or site plan approval and to proceed with permit can be issued. the proposed alteration or activity. (c) If a permit application demonstrates com- (4) Disapprove The Proposed Project; Certificate pliance with the provisions for a determination of Of Economic Non-viability: The commission no material effect as established by this chapter, shall issue a certificate of economic non-viability, then the city manager or city manager's desig- upon application or upon its own motion, if: nee shall make such determination and may a. A review of preservation alternatives has issue a determination of no material effect, been conducted and a certificate of appropriate-which shall authorize the proposed work or ness has been denied; and activity to proceed without a public meeting of b. The commission determines that disapproval the commission. If a permit application does not of the proposed work or activity would prevent demonstrate compliance with the provisions for the property owner from earning any reasonable a determination of no material effect as estab- economic return from the property. In consider-lished by this chapter, then an application for ing whether the property has been prevented design review by the commission of the pro- from earning any reasonable economic return, posed work, activity or demolition must be made the commission shall deny the certificate of non-by the applicant. Application for commission viability where the inability to earn any reasona-review shall be filed in the planning services ble economic return has been created by the department. property owner's conduct including, but not (d) Unless otherwise mutually agreed upon by limited to, neglect of maintenance or absence of the applicant and the commission, the commis- bona fide attempts to earn a reasonable eco-sion shall meet within twenty one (21) days after nomic return. the filing of the application for commission (d) The building official, city engineer or other review. The commission shall review the pro- local authorities shall not issue a regulated posed project according to the duties and permit or site plan approval until there has been powers specified in this chapter. In reviewing the a determination of no material effect or a certifi-proposed project, the commission may confer cate of appropriateness or a certificate of eco-with the applicant or the applicant's authorized nomic non-viability issued. representative. The commission may require (e) The transfer of a determination of no material submission of such additional drawings, effect, certificate of appropriateness or certificate sketches, photographs or other exhibits as it of economic non-viability from one structure, deems reasonably necessary for consideration improvement or site to another structure, im-of the application. provement or site or from one person to another (e) The commission shall approve or disapprove is prohibited. such plan. (f) Each determination of no material effect, (f) If the proposed project is approved, the certificate of appropriateness or certificate of commission shall issue a certificate of appro- economic non-viability issued under the provi-priateness. sions of this chapter shall expire and become (g) If the commission disapproves such pro- null and void if the alteration, construction, posed project, it shall state its reasons and shall repair, removal, demolition or excavation for transmit to the applicant a written record of its which the determination of no material effect, disapproval. The commission may propose certificate of appropriateness or certificate of appropriate revisions of the applicant's proposal economic non-viability was issued is not initiated which, if adopted, would cause the commission within one year of its issuance. to reconsider its disapproval. The applicant may Sec. 25-9. Procedure For The Review Of Plans; make modifications to the proposed project and Application For Certificate Of Appropriateness; shall have the right to resubmit a modified Application For Review Of Preservation Alterna-proposal at any time. Regular Session, June 5, 2006 215 (h) Prior to filing an application for a certificate of estate consultant, appraiser or other real estate economic non-viability, as provided for in sub-professional experienced in rehabilitation, as to section (i) of this section, the applicant shall file the economic feasibility of rehabilitation or reuse an application for a review of preservation of the existing structure on the property; alternatives. This application shall document the e. The amount paid for the property, the date of applicant's attempts to evaluate and obtain purchase and the person from whom purchased, "preservation alternatives" as defined herein, including a description of the relationship, if any, including, but not limited to, financing, tax between the owner of record or the applicant incentives, preservation grants, restoration and the person from whom the property was alternatives and other incentives sufficient to purchased, and any terms of financing between allow the applicant to earn a reasonable eco-the seller and buyer; nomic return from the property. f. If the property is income producing, the annual (1) After a review of the preservation alterna-gross income from the property for the previous tives, the commission shall approve or disap-two (2) years; prove such plan. g. Itemized operating and maintenance ex- (2) If the proposed project is approved, the penses for the previous two (2) years; and commission shall issue a certificate of appro-depreciation deduction and annual cash flow priateness. before and after debt service, if any, during the (3) If the commission disapproves such pro-same period; posed project, it shall state its reasons and shall h. The remaining balance on any mortgage or transmit to the applicant a written record of its other financing secured by the property and disapproval. The commission may propose annual debt service, if any, for the previous two appropriate revisions of the applicant's proposal (2) years; that, if adopted, would cause the commission to i. All appraisals obtained within the previous two reconsider its disapproval. The applicant may (2) years by the owner or applicant in connection make modifications to the proposed project and with the purchase, financing or ownership of the shall have the right to resubmit a modified property; proposal at any time. j. Any listing of the property for sale or rent, price (i) If the commission disapproves such proposed asked and offers received, if any, within the project after a review of preservation alterna-previous two (2) years; tives, it may, upon application or on its own k. The assessed value of the property according motion, consider issuing a certificate of econom-to the two (2) most recent assessments; ic non-viability. l. The amount of real estate taxes for the pre- (1) Certificate Of Economic Non-viability: Upon vious two (2) years and whether or not they application or motion for a certificate of econom-have been paid; ic non-viability, the commission shall schedule a m. The form of ownership or operation of the public meeting on that application or motion. property, whether sole proprietorship, for profit (2) Data To Be Provided By The Applicant: The or not for profit corporation, limited partnership, commission may solicit expert testimony or joint venture or other; require that the applicant for a certificate of n. Any other information considered necessary economic non-viability make submissions by the commission to make a determination as concerning any or all of the following information to whether the property does yield or may yield before rendering its decision: any reasonable economic return to the property a. Estimate of the cost of the proposed construc-owner(s), including, but not limited to, the tion, alteration, demolition or removal and an income tax bracket of the owner(s) or appli- estimate of any additional cost that would be cant(s) or of the principal investor(s) in the incurred to comply with the recommendations of property; the historic preservation commission for o. Proof of the applicant's efforts to obtain changes necessary for the issuance of a certifi-financing, tax incentives, preservation grants cate of appropriateness; and other incentives sufficient to allow the b. A report from a licensed engineer or architect applicant to earn a reasonable and an economic with experience in rehabilitation as to the struc-return from the property; and tural soundness of any structures and their p. A showing of the applicant's efforts in ongoing suitability for rehabilitation; maintenance and repair. c. Estimated market value of the property in its (3) Determination Of Economic Non-viability: current condition; after completion of the pro-The commission shall review all of the evidence posed construction, alteration, demolition or and information required of an applicant for a removal; after any changes recommended by certificate of economic non-viability; and the commission; and, in the case of a proposed a. If the commission finds that disapproval of the demolition, after renovation of the existing proposed work would prevent the property property for continued use; owner from earning any reasonable economic d. In the case of a proposed demolition, an return from the property, the commission shall: estimate from an architect, developer, real 216 Regular Session, June 5, 2006 1. Immediately issue a certificate of economic additional factor to be considered in subsequent non-viability; or design reviews involving the same type of 2. At its discretion, postpone, for a period not to alteration or activity. exceed one hundred eighty (180) days, the (b) The "Secretary Of Interior's Standards And issuance of a certificate of economic non-Guidelines For Archaeology And Historic Pre- viability. During this time, the commission shall servation", the secretary of interior's "Standards investigate strategies which would allow the And Guidelines For The Treatment Of Historic property owner to earn a reasonable economic Properties", and the "Secretary Of The Interior's return from the property. No regulated permit Standards For Rehabilitation And Guidelines For shall be issued during this time unless a certifi-Rehabilitating Historic Buildings", codified as 36 cate of appropriateness has been secured. If, at CFR 68, as amended, shall provide the guide- the end of the one hundred eighty (180) day lines by which the commission shall review an period, the commission, after a public meeting, application for a certificate of appropriateness or finds that the property owner still cannot earn certificate of economic non-viability, and any any reasonable economic return from the subsequent revisions of these standards and property, it shall issue a certificate of economic guidelines by the secretary of the interior shall non-viability. be adopted by the commission. b. If the commission finds, after initial review or (c) The commission shall also be guided by the after the one hundred eighty (180) day period of "Architectural Guidelines For Historic Structures postponement, that the property owner has, in In The Historic Districts Of The City Of Dubuque, fact, earned or is able to earn a reasonable Iowa"; the "Streetscape And Landscape Guide- economic return from the property, then the lines For The Historic Districts Of The City Of commission shall deny the application for a Dubuque, Iowa"; and any design standards certificate of economic non-viability. specified in the ordinance or amendment desig- (j) No regulated permit shall be issued authoriz-nating the landmark, landmark site or historic ing a material change in appearance of a district. landmark, landmark site or of a structure or site Sec. 25-11. Appeals From Commission Action: within an historic district until there is a determi-(a) An aggrieved party may appeal the commis- nation of no material effect or a certificate of sion's action to the city council by filing a notice appropriateness or a certificate of economic of appeal with the planning services department non-viability filed with the building official or the within thirty (30) days from the date of notice of city official authorized to issue the necessary the commission's action. regulated permit. (b) Upon filing of a notice of appeal, the planning (k) In the event the commission disapproves of a services department shall immediately transmit proposed project, the notice of disapproval shall such notice and the record of the action before be binding upon the building official, city engi-the commission to the city clerk. neer or other local authority, and no permit shall (c) On appeal, the city council shall consider be issued in such a case. only the record of the action before the commis- (l) The failure of the commission to approve or sion. No new matter may be considered. disapprove an application for a certificate of (d) The city council shall consider whether the appropriateness within sixty (60) days from the commission has exercised its powers and date of the filing of an application, unless an followed the guidelines established by law and extension is agreed upon mutually by the the historic preservation ordinance (this chap- applicant and the commission, shall be deemed ter), and whether the commission's action was to constitute approval, unless within such sixty patently arbitrary or capricious. (60) days the commission has made a determi-(e) The city council may affirm or reverse the nation of economic non-viability and has sus-commission's action, or may refer the matter pended its decision regarding a certificate of back to the commission for such further action economic non-viability pursuant to subsection as may be appropriate. The city clerk shall give (i)(3)a2 of this section. written notice of the city council's decision on Sec. 25-10. Standards For Review: appeal within seven (7) days of the city council's (a) The commission shall consider each design decision to the appellant and the historic preser- review on the merits of the individual case, with vation commission. due deliberation given to each proposed (f) An appellant who is not satisfied by the change(s) and its sympathetic relationship to the decision of the city council may appeal within specific historic setting, architectural or historic sixty (60) days of the city council's decision to significance, extent of previous alteration, use of the district court for Dubuque County, pursuant original materials and quality of design of the to Iowa Code section 303.34. existing structure or site. Commission approval Sec. 25-12. Inspection: of a particular type of alteration or activity shall (a) After a certificate of appropriateness or not establish a binding precedent for future certificate of economic non-viability has been commission action, but may constitute an issued and a regulated permit granted to the Regular Session, June 5, 2006 217 RESOLUTION NO. 234-06 applicant, the building official, city engineer or AUTHORIZING THE AWARD OF COMMUNITY other local authority may from time to time PARTNERSHIP PROGRAM (cp2) FUNDS FOR inspect the work authorized and shall take such FISCAL YEAR 2007 action as is necessary to enforce compliance with the approved plans. Whereas, under the provisions of Title I of the (b) Historic preservation commissioners may Housing and Community Development Act of from time to time inspect, from the public way, 1974, as amended, the City of Dubuque has the work authorized and shall advise the building received Community Development Block Grant official or other enforcement authority as neces-(CDBG) funds for the development and main- sary to enforce compliance with the approved tenance of a viable urban community through plans. the provision of decent housing, a suitable living Sec. 25-13. Violations; Penalties: environment and expanded economic opportuni- It shall be unlawful for any person to disobey, ties for its residents, particularly those persons omit, neglect or refuse to comply with any of low and moderate income; and provision of this chapter, and such person shall Whereas, the Community Partnership Program be subject to the provisions of sections 1-8 and (cp2) was developed in the City of Dubuque in 1-15 through 1-17 of this code. response to the national goals and objectives of Section 2. This Ordinance shall take effect the CDBG program; and upon publication, as provided by law. Whereas, guidelines for the implementation of Passed, approved and adopted this 5th day of the Community Partnership Program (cp2) were June, 2006. approved and amended by the City Council. Ann E. Michalski, Mayor Pro-Tem NOW, THEREFORE, BE IT RESOLVED BY Attest: Jeanne F. Schneider, City Clerk THE CITY COUNCIL OF THE CITY OF DUBU- Connors moved that the requirement that a QUE, IOWA: proposed Ordinance be considered and voted Section 1. That the City Council hereby on for passage at two Council Meetings prior to awards Community Partnership Program (cp2) the meeting at which it is to be finally passed be monies to the following organizations. The suspended. Seconded by Braig. Motion carried award shall consist of a grant to the organization 6-0. Connors moved final consideration and for the identified project and shall be for the passage of the Ordinance. Seconded by Braig. amount noted below: Motion carried 6-0. APPLICANT PROJECT RECOMMENDED Visiting Nurse Association Access to Medical & Millworking District: Historic Preservation Dental Care/Transition $5,114 Commission recommending that the City Coun-Dubuque County Extension Multi-cultural cil approve initiation of a process to nominate Center $44,292 the proposed Millworking Historic District to the Totals $49,406 National Register of Historic Places, approve the Section 2. That the City Manager be and he is use of $10,000 in Historic District Public Im-hereby authorized to develop and execute provement Program (HDPIP) funds for the contracts with representatives from the afore- nomination process, and direct the Commission mentioned organizations in accordance with the to partner with the Envision 2010 Warehouse program guidelines established for the Commu- District Committee in educating property owners, nity Partnership Program and with the regula- presented and read. Cline moved that the tions of the Community Development Block communication be received and filed and Grant Program. approved recommendation. Seconded by Section 3. That upon execution of said con- Connors. Motion carried 7-0. tracts, the City Manager is hereby authorized and directed to disburse program funds in Community Partnership (cp2) Program – support of the approved projects and in accor- Fiscal Year 2007: Recommendation of the dance with the terms and conditions established Community Development Advisory Commission in said contracts. th for allocation of Community Partnership Pro- Passed, approved and adopted this 5 day of gram (cp2) funds, presented and read. Cline June 2006. moved that the communication be received and Ann E. Michalski, Mayor Pro-Tem filed. Seconded by Lynch. Motion carried 7-0. Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Lynch. Motion carried 6-0. Building Permit Moratorium – Southwest Arterial: City Manager recommending approval to extend the development moratorium in the Iowa 32 (Southwest Arterial) Corridor to July 1, 2007, presented and read. Cline moved that the 218 Regular Session, June 5, 2006 communication be received and filed. Seconded carried 6-0. Cline moved final consideration and by Connors. Motion carried 6-0. passage of the Ordinance. Seconded by Lynch. Motion carried 6-0. An Ordinance Amending Chapter 11 (Buildings and Building Regulations) of the City of Dubu- Art on the River: City Manager recommending que Code of Ordinances by amending Section approval of the 2006 Art on the River jury 11-58.3 to extend a moratorium on the issuance selection for outdoor sculpture at the Port of of permits for work in the Iowa 32 (Southwest Dubuque, presented and read. Connors moved Arterial) corridor, presented and read. that the communication be received and filed and approved recommendation. Seconded by OFFICIAL PUBLICATION Cline. Motion carried 6-0. ORDINANCE NO. 39-06 AMENDING CHAPTER 11 (BUILDINGS AND Amendment to Cable Franchise: City Manager BUILDING REGULATIONS) OF THE CITY OF recommending approval of the first amendment DUBUQUE CODE OF ORDINANCES BY to the City’s Cable Franchise Agreement be- AMENDING SECTION 11-58.3 TO EXTEND A tween the City of Dubuque and MCC Iowa, MORATORIUM ON THE ISSUANCE OF LLC., presented and read. Cline moved that the PERMITS FOR WORK IN THE IOWA 32 communication be received and filed. Seconded (SOUTHWEST ARTERIAL) CORRIDOR. by Connors. Motion carried 6-0. Whereas, the Iowa Department of Transporta- tion (IDOT) and the City of Dubuque are en- An Ordinance Approving an amendment to the gaged in a study of the Iowa 32 (Southwest Cable Franchise Agreement between the City of Arterial) Corridor, which will include the right-of-Dubuque, Iowa and MCC Iowa, LLC, presented way acquisition for the preferred alignment; and and read. Whereas, the City of Dubuque and IDOT OFFICIAL PUBLICATION desire to minimize potential development con- ORDINANCE NO. 40-06 flicts during this study by extending the morato- APPROVING AN AMENDMENT TO THE rium for the Southwest Arterial Corridor. CABLE FRANCHISE AGREEMENT BETWEEN NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF DUBUQUE, IOWA AND MCC THE CITY COUNCIL OF THE CITY OF DUBU- IOWA, LLC QUE, IOWA: Section 1. Chapter 11 (Buildings and Building WHEREAS, on May 2, 2005, the City Council Regulations) of the City of Dubuque Code of adopted Ordinance No. 28-05 approving a Cable Ordinances is hereby amended by amending Franchise Agreement between the City of Section 11-58.3 as follows: Dubuque, Iowa (City) and MCC Iowa, LLC Section 11-58.3 Moratorium for permits in the (Mediacom); and Iowa 32 (Southwest Arterial) Corridor. WHEREAS, City and Mediacom now desire to The Building Official shall not issue any permit amend the Cable Franchise Agreement as set for any new construction or substantial enlarge-forth in the attached First Amendment to Cable ment, alteration, repair or remodeling of any Franchise Agreement. structure, building, or sign in the Iowa 32 NOW, THEREFORE, BE IT ORDAINED BY (Southwest Arterial) Corridor but not to include THE CITY COUNCIL OF THE CITY OF DUBU- demolition, as delineated on the attached QUE, IOWA AS FOLLOWS: drawings, from the effective date of this Section Section 1. The First Amendment to Cable to July 1, 2007, except where a vested right to Franchise Agreement, attached hereto, is the issuance of such permit accrued prior to the hereby approved. effective date of this Section. Section 2. This Ordinance shall take effect Section 2. This Ordinance shall take effect upon publication. upon publication, as provided by law. Passed, approved and adopted this 5th day of th Passed, approved and adopted this 5 day of June, 2006. June, 2006. /s/ Ann E. Michalski, Mayor Pro-Tem /s/ Ann E. Michalski, Mayor Pro-Tem Attest: /s/ Jeanne F. Schneider, City Clerk Attest: /s/ Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald Published officially in the Telegraph Herald newspaper this 10th day of June, 2006. newspaper this 9th day of June, 2006. /s/ Jeanne F. Schneider, City Clerk /s/ Jeanne F. Schneider, City Clerk 1t 6/10 1t 6/9 Cline moved that the requirement that a Cline moved that the requirement that a proposed Ordinance be considered and voted proposed Ordinance be considered and voted on for passage at two Council Meetings prior to on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be the meeting at which it is to be finally passed be suspended. Seconded by Connors. Motion suspended. Seconded by Connors. Motion carried 6-0. Cline moved final consideration and Regular Session, June 5, 2006 219 passage of the Ordinance. Seconded by Con-Michalski commented on her recent National nors. Motion carried 6-0. League of Cities meeting in Wichita, Kansas. Unoccupied Residential Property: City Manag- At 9:44 P.M. Cline moved to go into Closed er recommending approval of an ordinance Session: Pending Litigation and Property Acqui- prohibiting the keeping of cats or dogs on sition – Chapter 21.5(1)(c)(j) 2005 Code of Iowa. unoccupied residential property, presented and Seconded by Braig. Motion carried 6-0. read. Braig moved that the communication be received and filed. Seconded by Jones. Motion At 10:11 Council reconvened Regular Session carried 6-0. stating staff had been given proper direction. An Ordinance Amending the City of Dubuque There being no further business, Michalski Code of Ordinances, Chapter 7 Animals or Fowl, moved to adjourn. Seconded by Connors. by adopting a new Section 7-29 Prohibiting the Motion carried 6-0. The meeting adjourned at Keeping of Cats and Dogs on Unoccupied 10:12 P.M. Residential Property, presented and read. /s/ Jeanne F. Schneider, CMC OFFICIAL PUBLICATION City Clerk ORDINANCE NO. 41-06 AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES, CHAPTER 7 ANIMALS OR FOWL, BY ADOPTING A NEW SECTION 7-29 PROHIBITING THE KEEPING OF CATS AND DOGS ON UNOCCUPIED RESIDENTIAL PROPERTY NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. Chapter 7 of the City of Dubuque Code of Ordinances is hereby amended by adopting the following new section: 7-29: Keeping of Cats or Dogs on Unoccupied Residential Property Prohibited The owner of unoccupied residential property shall not keep or allow to be kept on the property any cats or dogs. For purposes of this provision, unoccupied shall mean that the property is not the primary residence of the property owner or any other occupant. Section 2. This Ordinance shall take effect upon publication. Passed, approved and adopted this 5th day of June, 2006. /s/ Ann E. Michalski, Mayor Pro-Tem Attest: /s/ Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald th newspaper this 10 day of June, 2006. /s/ Jeanne F. Schneider, City Clerk 1t 6/10 Braig moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Jones. Motion carried 6-0. Braig moved final consideration and pas- sage of the Ordinance. Seconded by Jones. Motion carried 6-0. COUNCIL MEMBER REPORTS Connors stated that “Cabaret” was outstand- ing. Jones urged everyone to vote June 6, 2006. 220 Regular Session, June 19, 2006 DUBUQUE filed and concurred. Seconded by Michalski. Motion carried 7-0. CITY COUNCIL OFFICIAL City Attorney recommending that the claim of PROCEEDINGS Leanne Horsfall for property damage be ap- proved and that the Finance Department be directed to issue payment, presented and read. City Council, Regular Session, June 19, 2006 Cline moved that the communication be re- Council met at 6:30 P.M. in the Public Library ceived and filed and concurred and Finance Auditorium Department to issue check. Seconded by Michalski. Motion carried 7-0. Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski, City Legislative Correspondence: Manager Van Milligen, City Attorney Lindahl Communication (June 1, 2006) to Governor Tom Vilsack encouraging him to veto the emi- Mayor Buol read the call and stated this is a nent domain legislation, presented and read. regular session of the City Council called for the Cline moved that the communication be re- purpose of discussing such matters which may ceived and filed. Seconded by Michalski. Motion properly come before the Council. carried 7-0. Communication (June 9, 2006) to Governor Invocation was given by Rev. Matthew Harris, Tom Vilsack thanking him for his veto of House Pastor of The Bridge Christian Church File 2351, the eminent domain legislation passed by the Iowa Legislature, presented and Proclamation: Drum and Bugle Corps read. Cline moved that the communication be received and filed. Seconded by Michalski. Presentation of the Urban Pioneer Award from Motion carried 7-0. The National Trust for Historic Preservation by Communication to local legislators encourag- Dan LoBianco, Executive Director of Dubuque ing their opposition to efforts to override Gover- Main Street nor Vilsack’s veto of House File 2351, the Eminent Domain Bill, presented and read. Cline CONSENT ITEMS moved that the communication be received and filed. Seconded by Michalski. Motion carried 7- Minutes and Reports Submitted: Arts and 0. Cultural Affairs Advisory Commission of 4/25; Communication to Congressman Jim Nussle City Council of 6/5; Human Rights Commission regarding the Communications Opportunity, of 5/8; Park and Recreation Commission of 5/9; Promotion, and Enhancement Act (COPE) of Zoning Advisory Commission of 6/7; Zoning 2006, presented and read. Cline moved that the Board of Adjustment of 5/25, presented and communication be received and filed. Seconded read. Cline moved that the minutes be received by Michalski. Motion carried 7-0. and filed. Seconded by Michalski. Motion carried Communication to Senator Charles Grassley 7-0. regarding the Communications, Consumer’s Choice, and Broadband Deployment Act of Proofs of publication of City Council Proceed- 2006, presented and read. Cline moved that the ings for May 15, 2006 and List of Claims and communication be received and filed. Seconded Summary of Revenues for month ending April by Michalski. Motion carried 7-0. 30, 2006, presented and read. Cline moved that Communication to Senator Tom Harkin regard- the proofs of publication be received and filed. ing the Communications, Consumer’s Choice, Seconded by Michalski. Motion carried 7-0. and Broadband Deployment Act of 2006, pre- sented and read. Cline moved that the commu- Notice of Claims/Suits: Deutsche Bank Na- nication be received and filed. Seconded by tional Trust Company vs. City of Dubuque, et al, Michalski. Motion carried 7-0. presented and read. Cline moved that the communication be received and filed and Hillcrest Family Services Agreement: City referred to the City Attorney for investiga- Manager recommending approval of an agree- tion/report. Seconded by Michalski. Motion ment with Hillcrest Family Services to use carried 7-0. Murphy Park for Reflections in the Park, pre- sented and read. Cline moved that the commu- City Attorney advising that the following claim nication be received and filed and approved has been referred to Public Entity Risk Services recommendation. Seconded by Michalski. of Iowa, the agent for the Iowa Communities Motion carried 7-0. Assurance Pool: McDermott Excavating for Purchase of Service Agreement with Project property damage, presented and read. Cline Concern, Inc. – Foster Grandparent Program: moved that the communication be received and Regular Session, June 19, 2006 221 City Manager recommending approval of a $46,165, presented and read. Cline moved that Purchase of Service Agreement with Project the communication be received and filed. Concern, Inc. in the amount of $5,598 for the Seconded by Michalski. Motion carried 7-0. Foster Grandparent Program, presented and read. Cline moved that the communication be Purchase of Service Agreement with Hills and received and filed and approved recommenda-Dales: City Manager recommending approval of tion. Seconded by Michalski. Motion carried 7-0. the transfer of $2,083 of the Fiscal Year 2006 Dubuque Area LifeTime Center Purchase of Purchase of Service Agreement with the Service Agreement to Hills and Dales and Retired and Senior Volunteer Program: City approval of the Purchase of Service Agreement Manager recommending approval of a Purchase for Fiscal Year 2007 with Hills and Dales for of Service Agreement with the Retired and senior programs in the amount of $25,000, Senior Volunteer Program in the amount of presented and read. Cline moved that the $7,341, presented and read. Cline moved that communication be received and filed. Seconded the communication be received and filed and by Michalski. Motion carried 7-0. approved recommendation. Seconded by RESOLUTION NO. 235-06 Michalski. Motion carried 7-0. RESCINDING THE DUBUQUE AREA LIFE- TIME CENTER COMMUNITY DEVELOPMENT Purchase of Service Agreement with Project BLOCK GRANT AGREEMENT FOR SENIOR Concern, Inc. – Information and Referral and PROGRAM AND SERVICES BETWEEN THE Child Care Referral: City Manager recommend- DUBUQUE AREA LIFETIME CENTER AND ing approval of a Purchase of Service Agree- THE CITY OF DUBUQUE, AUTHORIZING THE ment with Project Concern, Inc. in the amount of CITY MANAGER TO NEGOTIATE A COMMU- $25,069 for the Information and Referral Pro- NITY DEVELOPMENT BLOCK GRANT gram plus a payment of $8,833 for the Child AGREEMENT BETWEEN THE CITY OF Care Referral Program, presented and read. DUBUQUE AND HILLS & DALES, AND AU- Cline moved that the communication be re- THORIZING THE TRANSFER OF THE FUNDS ceived and filed and approved recommendation. BALANCE FOR THE SENIOR PROGRAM Seconded by Michalski. Motion carried 7-0. AND SERVICES TO HILLS & DALES Purchase of Service Agreement with Opera- Whereas, the City of Dubuque awarded the tion New View: City Manager recommending Dubuque Area Lifetime Center $25,000 in approval of a Purchase of Service Agreement Community Development Block Grant (CDBG) with Operation New View in the amount of funds for the senior programs and services $17,725, presented and read. Cline moved that pursuant to the Community Development Block the communication be received and filed and Grant Agreement dated July 1, 2005 between approved recommendation. Seconded by the City of Dubuque and the Dubuque Area Michalski. Motion carried 7-0. LifeTime Center; and Whereas, the Dubuque Area LifeTime Center Purchase of Service Agreement with Helping has dissolved and Hills & Dales has assumed Services of Northeast Iowa, Inc.: City Manager the programs and services of Dubuque Area recommending approval of a Purchase of LifeTime Center effective June 1, 2006; and Service Agreement with Helping Services of Whereas, Hills & Dales has requested the Northeast Iowa, Inc. in the amount of $2,084, balance of the CDBG grant be transferred to presented and read. Cline moved that the Hills & Dales to provide the same services; and communication be received and filed and Whereas, the Community Development Advi- approved recommendation. Seconded by sory Commission has approved the request at Michalski. Motion carried 7-0. its June 8, 2006 meeting; and Whereas, City Council has determined that the Purchase of Service Agreement with Greater transfer of funds is in the best interests of the Dubuque Development Corporation: City Man-City of Dubuque. ager recommending approval of a Purchase of NOW THEREFORE, BE IT RESOLVED BY Service Agreement with Greater Dubuque THE CITY COUNCIL OF THE CITY OF DUBU- Development Corporation in the amount of QUE, AS FOLLOWS: $167,828, presented and read. Cline moved that Section 1. The Community Development Block the communication be received and filed and Grant Agreement dated July 1, 2005 between approved recommendation. Seconded by the City of Dubuque and the Dubuque Area Michalski. Motion carried 7-0. LifeTime Center for senior services and pro- grams is hereby rescinded and the remaining Purchase of Service Agreement with Dubuque CDBG funds allocated for such services and Main Street, Ltd.: City Manager recommending programs under such Agreement shall be approval of a Purchase of Service Agreement allocated to Hills & Dales for such services and with Dubuque Main Street, Ltd., in the amount of programs, subject to the execution of an agree- 222 Regular Session, June 19, 2006 ment between the City of Dubuque and Hills & Dales for such services and programs. Purchase of Service Agreement with Ameri- Section 2. The City Manager be and he is ca’s River Corporation: City Manager recom- hereby authorized to develop and execute a mending approval of a Purchase of Service grant agreement between the City of Dubuque Agreement with America’s River Corporation in and Hills & Dales in the amount of $2083 in the amount of $10,000, presented and read. accordance with the program guidelines and Cline moved that the communication be re- regulations of the Community Development ceived and filed and approved recommendation. Block Grant Program for the senior programs Seconded by Michalski. Motion carried 7-0. and services commencing June 1, 2006. Section 3. Upon execution of an agreement, Northeast Iowa School of Music: City Manager the City Manager is hereby authorized and recommending approval of a grant agreement directed to disburse program funds in support of with the Northeast Iowa School of Music to said project in accordance with the terms and provide music lessons for five children as part of conditions established in the agreement. the Uptown Recreation Program, presented and Dated this 19th day of June, 2006. read. Cline moved that the communication be Roy D. Buol, Mayor received and filed and approved recommenda- Attest: Jeanne F. Schneider, City Clerk tion. Seconded by Michalski. Motion carried 7-0. Cline moved adoption of the Resolution. Seconded by Michalski. Motion carried 7-0. Dubuque County ISU Extension: City Manager recommending approval of a grant agreement Purchase of Service Agreement with Dubuque with Dubuque County ISU Extension to conduct Area Labor Management Council: City Manager recreation programs as part of the Uptown recommending approval of a Purchase of Recreation Program, presented and read. Cline Service Agreement with Dubuque Area Labor moved that the communication be received and Management Council in the amount of $15,968, filed and approved. Seconded by Michalski. presented and read. Cline moved that the Motion carried 7-0. communication be received and filed and approved recommendation. Seconded by Four Mounds Foundation: City Manager Michalski. Motion carried 7-0. recommending approval of a grant agreement with the Four Mounds Foundation to provide the Purchase of Service Agreement with the day camp program as part of the summer Dubuque Area Chamber of Commerce Conven-Uptown Recreation Program, presented and tion and Visitors Bureau: City Manager recom-read. Cline moved that the communication be mending approval of a Purchase of Service received and filed and approved recommenda- Agreement with the Dubuque Area Chamber of tion. Seconded by Michalski. Motion carried 7-0. Commerce Convention and Visitors Bureau in the amount of $660,409, presented and read. Fifth Street Reconstruction Project: City Jones moved that the communication be re-Manager recommending award of the contract ceived and filed and approved recommendation. for the Fifth Street Reconstruction Project to Seconded by Braig. Motion carried 6-0 with Portzen Construction in the amount of Lynch abstaining. $1,024,519.20, presented and read. Cline moved that the communication be received and Purchase of Service Agreement with Washing-filed. Seconded by Michalski. Motion carried 7-0. ton Neighborhood Tool Library: City Manager RESOLUTION NO. 236-06 recommending approval of a Purchase of AWARDING CONSTRUCTION CONTRACT Service Agreement with the Washington Neigh- FOR THE 5th STREET RECONSTRUCTION borhood Tool Library in the amount of $15,500, PROJECT – DELHI STREET TO ALPINE presented and read. Cline moved that the STREET communication be received and filed and approved recommendation. Seconded by Whereas, sealed proposals have been submit- th Michalski. Motion carried 7-0. ted by contractors for the 5 Street Reconstruc- tion Project – Delhi Street to Alpine Street Purchase of Service Agreement with Sub-pursuant to Resolution No. 198-06 and notice to stance Abuse Services Center: City Manager bidders published in a newspaper published in th recommending approval of a Purchase of the City of Dubuque, Iowa on the 19 day of Service Agreement with Substance Abuse May, 2006. Services Center in the amount of $13,145, Whereas, said sealed proposals were opened th presented and read. Cline moved that the and read on the 8 day of June, 2006, and it has communication be received and filed and been determined that the bid of Portzen Con- approved recommendation. Seconded by struction, Inc. of Dubuque, Iowa, in the amount Michalski. Motion carried 7-0. of $1,024,519.20 was the lowest bid for the Regular Session, June 19, 2006 223 furnishings of all labor and materials and per- Stafford Street Sanitary Sewer Reconstruction forming the work as provided for in the plans Project: City Manager recommending accep- and specifications. tance of the Stafford Street Sanitary Sewer NOW THEREFORE, BE IT RESOLVED BY Reconstruction Project as completed by Fondell THE CITY COUNCIL OF THE CITY OF DUBU-Excavating, Inc. of Dubuque, Iowa, in the final QUE, IOWA: contract amount of $15,229.00, presented and That the contract for the above improvement read. Cline moved that the communication be be awarded to Portzen Construction, Inc. and received and filed. Seconded by Michalski. the Manager be and is hereby directed to Motion carried 7-0. execute a contract on behalf of the City of RESOLUTION NO. 238-06 Dubuque for the complete performance of the ACCEPTING THE STAFFORD STREET SANI- work. TARY SEWER RECONSTRUCTION BE IT FURTHER RESOLVED: PROJECT, FROM HIGH BLUFF TO LINCOLN That upon the signing of said contract and the AVENUE approval of the contractor’s bond, the City Treasurer is authorized and instructed to return Whereas, the contract for the Stafford Street the bid deposits of the unsuccessful bidders. Sanitary Sewer Reconstruction Project, from th Passed, approved and adopted this 19 day of High Bluff to Lincoln Avenue (the Project) has June, 2006. been completed and the City Manager has Roy D. Buol, Mayor examined the work and filed a certificate stating Attest: Jeanne F. Schneider, CMC, City Clerk that the Project has been completed according Cline moved adoption of the Resolution. to the terms of the contract, plans and specifica- Seconded by Michalski. Motion carried 7-0. tions and that the City Manager recommends that the Project be accepted. RESOLUTION NO. 237-06 NOW THEREFORE, BE IT RESOLVED BY APPROVING CONSTRUCTION CONTRACT THE CITY COUNCIL OF THE CITY OF DUBU- WITH PORTZEN CONSTRUCTION FOR THE QUE, IOWA: 5TH STREET RECONSTRUCTION PROJECT Section 1. The recommendation of the City – DELHI STREET TO ALPINE STREET Manager is approved and the Project is hereby Whereas the City Council by Resolution No. accepted. 236-06 awarded the construction contract for the Section 2. The City Treasurer is hereby 5th Street Reconstruction Project – Delhi Street directed to pay to the contractor from the Fiscal to Alpine Street to Portzen Construction, Inc.; Year 2006 Sanitary Sewer Construction Fund and appropriation for the contract amount of Whereas Portzen Construction, Inc. has $15,229.00 less any retained percentage submitted the attached executed contract and provided for therein as provided in Iowa Code bond. Chapter 573, and to pay such retainage only in NOW THEREFORE, BE IT RESOLVED BY accordance with the provisions of Iowa Code THE CITY COUNCIL OF THE CITY OF DUBU-chapter 573. th QUE, IOWA: Passed, approved and adopted this 19 day of 1. The contract and bond attached hereto are June, 2006. hereby approved. Roy D. Buol, Mayor 2. The City Manager is hereby authorized and Attest: Jeanne F. Schneider, CMC, City Clerk directed to execute the contract on behalf of the Cline moved adoption of the Resolution. City of Dubuque. Seconded by Michalski. Motion carried 7-0. th Passed, approved and adopted this 19 day of RESOLUTION NO. 239-06 June, 2006. FINAL ESTIMATE Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Whereas, the construction contract for the Cline moved adoption of the Resolution. Stafford Street Sanitary Sewer Reconstruction Seconded by Michalski. Motion carried 7-0. Project, from High Bluff to Lincoln Avenue, has been completed and the City Engineer has Dubuque Metropolitan Area Solid Waste submitted his final estimate showing the cost Agency: Dubuque Metropolitan Area Solid thereof including the cost of estimates, notices Waste Agency submitting the draft Comprehen-and inspection and all miscellaneous costs. sive Solid Waste Management Plan Update and NOW THEREFORE, BE IT RESOLVED BY requesting City Council endorsement, pre-THE CITY COUNCIL OF THE CITY OF DUBU- sented and read. Cline moved that the commu-QUE, IOWA: nication be received and filed and referred to the Section 1. That the cost of said improvement City Manager. Seconded by Michalski. Motion is hereby determined to be $18,064.98 and the carried 7-0. said amount shall be paid from the Fiscal Year 2006 Sanitary Sewer Construction Fund of the City of Dubuque, Iowa. 224 Regular Session, June 19, 2006 th Passed, approved and adopted this 19 day of rehabilitation of 409 Burch Street and recom- June, 2006. mending that this item be tabled to July 17, Roy D. Buol, Mayor 2006, presented and read. Cline moved that the Attest: Jeanne F. Schneider, CMC, City Clerk communication be received and filed and tabled Cline moved adoption of the Resolution. to 7/17/06. Seconded by Michalski. Motion Seconded by Michalski. Motion carried 7-0. carried 7-0. DME Filing: Iowa Department of Transporta- Amendment to Development Agreement for tion filing to the Surface Transportation Board Eagle Valley Subdivision: City Manager recom- regarding the petition of the Iowa, Chicago and mending approval of an amendment to the Eastern Railroad, presented and read. Cline existing development agreement for the Eagle moved that the communication be received and Valley housing subdivision to allow construction filed. Seconded by Michalski. Motion carried 7-of single family homes on duplex lots, presented 0. and read. Connors moved that the communica- tion be received and filed and approved recom- International Union of Operating Engineers: mendation. Seconded by Cline. Motion carried City Manager recommending approval of the 7-0. collective bargaining agreement between the City of Dubuque and the International Union of Parking Enforcement Handheld Units: City Operating Engineers, Local #758, presented and Manager recommending approval of the re- read. Cline moved that the communication be placement of five handheld parking enforcement received and filed. Seconded by Michalski. units at a cost of $29,780, presented and read. Motion carried 7-0. Cline moved that the communication be re- ceived and filed and approved recommendation. RESOLUTION NO. 240-06 Seconded by Michalski. Motion carried 7-0. APPROVING THE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA, AND THE Response and Deployment Study Contract: INTERNATIONAL UNION OF OPERATING City Manager recommending approval of a ENGINEERS, LOCAL #758 AND AUTHORIZ- contract with the Matrix Consulting Group for the ING THE MAYOR TO SIGN THE AGREEMENT Fire Department’s Response and Deployment Whereas, the Sixty-Fifth General Assembly Study, presented and read. Cline moved that adopted the Public Employment Relations Act, the communication be received and filed and Chapter 20, Code of Iowa; and approved recommendation. Seconded by Whereas, the City of Dubuque is a public Michalski. Motion carried 7-0. employer within the meaning of Section 3 (1) of the Public Employment Relations Act; and Subdividing of Lots - Dubuque Industrial Whereas, the International Union of Operating Center West Fifth Addition and Port of Dubuque: Engineers, Local #758 is an employee organiza-City Manager recommending approval of the tion within the meaning of Section 3 (4) of the subdividing of lots in the Dubuque Industrial Public Employment Relations Act; and Center West and Port of Dubuque for projects Whereas, the International Union of Operating being done by Theisen Supply, Inc., Dubuque Engineers, Local #758, submitted a request to Screw Products, Inc., and McGraw-Hill Compa- bargain collectively on behalf of the employees nies, Inc., presented and read. Cline moved that within its representation; and the communication be received and filed. Whereas, bargaining between the parties has Seconded by Michalski. Motion carried 7-0. occurred and an agreement has been con- RESOLUTION NO. 241-06 cluded. APPROVING PLAT OF SURVEY LOT 1 OF 2 NOW THEREFORE, BE IT RESOLVED BY AND LOT 2 OF 2, DUBUQUE INDUSTRIAL THE CITY COUNCIL OF THE CITY OF DUBU- CENTER WEST 5TH ADDITION IN THE CITY QUE, IOWA: OF DUBUQUE, IOWA Section 1. That the terms of the agreement be approved and the Mayor authorized and directed Whereas, there has been presented to the City to sign the collective bargaining agreement. Council of the City of Dubuque, Iowa, a Plat of th Passed, approved and adopted this 19 day Survey, Lot 1 of 2 and Lot 2 of 2, Dubuque of June, 2006. Industrial Center West 5th Addition in the City of Roy D. Buol, Mayor Dubuque, Iowa, dated May 24, 2006, prepared Attest: Jeanne F. Schneider, City Clerk by IIW Engineers and Surveyors, P.C., describ- Cline moved adoption of the Resolution. ing the property to be subdivided, a copy of Seconded by Michalski. Motion carried 7-0. which is attached hereto (the Plat); and Whereas, the Plat conforms to the laws and 409 Burch Street (Tabled on May 15, 2006): statutes pertaining thereto. City Manager submitting an update on the Regular Session, June 19, 2006 225 NOW THEREFORE, BE IT RESOLVED BY Whereas, the Plat conforms to the laws and THE CITY COUNCIL OF THE CITY OF DUBU-statutes pertaining thereto. QUE, IOWA: NOW THEREFORE, BE IT RESOLVED BY Section 1. The Plat is hereby approved, and THE CITY COUNCIL OF THE CITY OF DUBU- the Mayor and City Clerk are hereby authorized QUE, IOWA: and directed to execute the Plat for and on Section 1. The Plat is hereby approved, and behalf of the City of Dubuque, Iowa. the Mayor and City Clerk are hereby authorized Section 2. The City Clerk is hereby authorized and directed to execute the Plat for and on and directed to file the Plat and a certified copy behalf of the City of Dubuque, Iowa. of this resolution in the office of the Recorder, in Section 2. The City Clerk is hereby authorized and for Dubuque County, Iowa. and directed to file the Plat and a certified copy Passed, approved and adopted this 19th day of this resolution in the office of the Recorder, in of June 2006. and for Dubuque County, Iowa. Roy D. Buol, Mayor Passed, approved and adopted this 19th day Attest: Jeanne F. Schneider, City Clerk of June 2006. Cline moved adoption of the Resolution. Roy D. Buol, Mayor Seconded by Michalski. Motion carried 7-0. Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. RESOLUTION NO. 242-06 Seconded by Michalski. Motion carried 7-0. APPROVING PLAT OF SURVEY LOT 1 OF 5 AND LOT 2 OF 5, DUBUQUE INDUSTRIAL Crime Victim Assistance Grant: City Manager TH CENTER WEST 5 ADDITION IN THE CITY recommending approval of an Iowa Department OF DUBUQUE, IOWA of Justice Domestic Violence Grant to be used Whereas, there has been presented to the City to support investigative overtime regarding Council of the City of Dubuque, Iowa, a Plat of domestic violence investigations for the period Survey, Lot 1 of 2 and Lot 2 of 2, Dubuque July 1, 2006 to June 30, 2007, presented and th Industrial Center West 5 Addition in the City of read. Cline moved that the communication be Dubuque, Iowa, dated June 5, 2006, prepared received and filed and approved recommenda- by IIW Engineers and Surveyors, P.C., describ-tion. Seconded by Michalski. Motion carried 7-0. ing the property to be subdivided, a copy of which is attached hereto (the Plat); and Tobacco Compliance – Civil Penalties for Whereas, the Plat conforms to the laws and Tobacco Permit Holders: City Manager recom- statutes pertaining thereto. mending acceptance and approval of Acknowl- NOW THEREFORE, BE IT RESOLVED BY edgement/Settlement Agreements for Oky Doky, THE CITY COUNCIL OF THE CITY OF DUBU-Inc., 2010 Kerper Blvd, for their first tobacco QUE, IOWA: violation and Clarke Retail Enterprises, 700 Section 1. The Plat is hereby approved, and Rhomberg Avenue, for their second tobacco the Mayor and City Clerk are hereby authorized violation, presented and read. Cline moved that and directed to execute the Plat for and on the communication be received and filed and behalf of the City of Dubuque, Iowa. approved recommendation. Seconded by Section 2. The City Clerk is hereby authorized Michalski. Motion carried 7-0. and directed to file the Plat and a certified copy of this resolution in the office of the Recorder, in Economic Development Administration – and for Dubuque County, Iowa. Amendment #4: City Manager recommending th Passed, approved and adopted this 19 day of approval of Amendment #4 to the contract with June 2006. the Economic Development Administration on Roy D. Buol, Mayor the Adams Company property project, presented Attest: Jeanne F. Schneider, City Clerk and read. Cline moved that the communication Cline moved adoption of the Resolution. be received and filed. Seconded by Michalski. Seconded by Michalski. Motion carried 7-0. Motion carried 7-0. RESOLUTION NO. 243-06 RESOLUTION NO. 244-06 APPROVING PLAT OF SURVEY LOT 1 OF 1 AUTHORIZING THE EXECUTION OF AND LOT 2 OF 1 OF RIVERWALK SIXTH PROJECT AMENDMENT #4 TO A CONTRACT ADDITION, IN THE CITY OF DUBUQUE, WITH THE ECONOMIC DEVELOPMENT DUBUQUE COUNTY, IOWAADMINISTRATION Whereas, there has been presented to the City Whereas, the City Council of Dubuque has Council of the City of Dubuque, Iowa, a Plat of approved a contract with the Economic Devel- Survey, Lot 1 of 1 and Lot 2 of 1, of Riverwalk opment Administration (EDA) for a $2 Million Sixth Addition in the City of Dubuque, Iowa, grant to assist in the acquisition of property dated June 15, 2006, prepared by WHKS & Co., owned by the Adams Company in the Port of describing the property to be subdivided, a copy Dubuque, relocation of the Company, and of which is attached hereto (the Plat); and demolition of the existing facility; and 226 Regular Session, June 19, 2006 Whereas, contract will expire on June 25, and partially modify conditions of Finance 2006; and Docket No. 34177 and Finance Docket No. Whereas, the City and the Historical Society 34178, presented and read. Cline moved that need additional time to prepare for the reuse of the communication be received and filed. the existing buildings, and Seconded by Michalski. Motion carried 7-0. Whereas, the City has requested and EDA has provided a proposed six month extension of time Iowa Department of Transportation: City for the completion of the project and EDA has Manager recommending approval of the Iowa submitted Project Amendment No. 4 of the Department of Transportation’s five year primary contract to the City for approval. road maintenance agreement, presented and NOW, THEREFORE, BE IT RESOLVED BY read. Cline moved that the communication be THE CITY COUNCIL OF THE CITY OF DUBU-received and filed and approved recommenda- QUE, IOWA: tion. Seconded by Michalski. Motion carried 7-0. Section 1. That the attached Project Amend- ment #4 with EDA extending the completion Federal Building Lease Agreement: City date to December 25, 2006 is hereby approved. Manager recommending approval of a lease Section 2. That the Mayor is hereby authorized agreement with the United States Postal Service to execute and the City Manager is hereby and Senator Tom Harkin’s office for space in the directed to submit said Project Amendment #4 to Federal Building as a prerequisite to the City the Economic Development Administration. taking ownership of the Federal Building, pre- Passed, approved, and adopted this 19th day sented and read. Cline moved that the commu- of June, 2006. nication be received and filed. Seconded by Roy D. Buol, Mayor Michalski. Motion carried 7-0. Attest: Jeanne F. Schneider, City Clerk RESOLUTION NO. 245-06 Cline moved adoption of the Resolution. AUTHORIZING A TEMPORARY LEASE TO Seconded by Michalski. Motion carried 7-0. THE GENERAL SERVICES ADMINISTRATION ON BEHALF OF THE UNITED STATES Encephalitis Monitoring Memorandum of POSTAL SERVICE AND SENATOR HARKIN’S Understanding: City Manager recommending OFFICE FOR SPACE IN THE FEDERAL approval of a Memorandum of Understanding BUILDING IN THE CITY OF DUBUQUE between the Iowa Department of Public Health and the City of Dubuque for services related to Whereas, certain real property owned by the Encephalitis / West Nile disease monitoring, United States, located in the County of Dubu- presented and read. Cline moved that the que, State of Iowa, has been declared surplus communication be received and filed and and at the discretion of the Administrator of approved recommendation. Seconded by General Services, will be conveyed for historic Michalski. Motion carried 7-0. monument purposes to the City of Dubuque on Environmental Stewardship Advisory Commis-or around July 1, 2006, said property more sion: Communication from the Environmental particularly described as follows: Stewardship Advisory Com-mission requesting Federal Building, 350 W. 6th Street, Dubuque, City Council approval and concurrence on the Iowa results of the Commission’s goal setting 1.09 acres process, presented and read. Cline moved that GSA Control Number 7-G-IA-0495-1 the communication be received and filed and Whereas, the City of Dubuque needs and will referred to the City Manager. Seconded by utilize said property in perpetuity for historic Michalski. Motion carried 7-0. monument purposes as set forth in its applica- tion and in accordance with the requirements of Historic Preservation Commission: Communi-said Act and the rules and regulations promul- cation from Jim Gibbs advising that he does not gated thereunder; and plan to pursue another term on the Historic Whereas, the City of Dubuque is authorized, Preservation Commission, presented and read. willing and able to lease space in this building; Cline moved that the communication be re-and ceived and filed. Seconded by Michalski. Motion Whereas the General Services Administration carried 7-0. has mandated a temporary lease attached as Exhibit A on behalf of the Federal offices cur- Dubuque Metropolitan Area Transportation rently located in this building; and Study (DMATS): Communication from Mayor Whereas, a federal office lease must be Roy D. Buol, Chairperson of the Dubuque approved prior to the transfer of this property to Metropolitan Area Transportation Study, to the the City of Dubuque; and Surface Transportation Board in support of the Now, therefore be it resolved by the City City of Dubuque’s opposition to Petition of Iowa, Council of Dubuque, Iowa that the Mayor is Chicago & Eastern Rail Corporation to reopen authorized to sign the attached lease noting the Regular Session, June 19, 2006 227 following specific concerns with the lease Dubuque Mining Co., Cindy Oliver, 555 JFK language; RD. a) The main lobby area on the first floor of the DBQ Greyhound Park/Casino, Dubuque building is utilized by the United States Postal Racing Assoc, 1855 Greyhound Rd. Service but is not included in the lease price as Family Mart. Family Mart Inc., 3201 Central requested by the City, but it is intended to Ave. require compensation for this space in future Hy-Vee # 1, Hy-Vee Inc., 3500 Dodge St. leases. Hy-Vee Wine & Spirits, Hy-Vee, Inc., 3500 b) Future negotiated leases will reflect a triple Dodge St. net cost to include costs of property taxes and Hy-Vee # 2, Hy-Vee Inc., 2395 NW Arterial utilities. Hy-Vee Gas # 2, Hy-Vee Inc., 2435 NW Ar- c) Future leases will require the lessee to terial provide cleaning services for leased space. Hy-Vee # 3, Hy-Vee Inc., 400 S Locust St. Passed, approved and adopted this 19th day Hy-Vee Gas # 3, Hy-Vee Inc., 300 S Locust of June, 2006. St. Roy D. Buol, Mayor Hammerheads Bar & Billiards, Hammer- Attest: Jeanne F. Schneider, City Clerk heads Inc., 2095 Kerper Blvd. Cline moved adoption of the Resolution. Hartig Drug # 2, Hartig Drug Co. Inc., 157 Seconded by Michalski. Motion carried 7-0. Locust St. Hartig Drug # 3, Hartig Drug Co. Inc., 2255 Federal Building Request for Proposals: City JFK Rd. Manager recommending approval of a Request Hartig Drug # 4, Hartig Drug Co. Inc, 2225 for Proposals to provide architectural and Central Ave. engineering services for the Federal Building, Hartig Drug # 8, Hartig Drug Co. Inc, 1333 presented and read. Cline moved that the Delhi St. communication be received and filed and K-Mart # 4018, K-Mart Corp, 2600 Dodge St. approved recommendation. Seconded by Keywest Conoco. Rainbo Oil, 2150 Twin Val- Michalski. Motion carried 7-0. ley Dr. Knickers Saloon, Curtis Gerhard, 2186 Cen- Business Licenses: tral Ave. Kwik Stop, Rainbo Oil, 2255 Kerper Blvd. RESOLUTION NO. 246-06 Kwik Stop, Rainbo Oil, 2390 Central Ave. NOW, THEREFORE, BE IT RESOLVED BY Kwik Stop, Rainbo Oil, 2320 Hwy 61 THE CITY COUNCIL OF THE CITY OF DUBU-Kwik Stop, Rainbo Oil, 2335 University Ave QUE, IOWA: Kwik Stop, Rainbo Oil, 1401 Central Ave. That the following having complied with the Kwik Stop, Rainbo Oil, 4039 Pennsylvania provisions of law relating to the sale of Ciga-Ave. rettes within the City of Dubuque, Iowa, be Lucky 13, Dave Erickson, 385 E. 13th St. granted a permit to sell Cigarettes and Cigarette McCann’s Service, McCann’s Service Inc., Papers within said City. 690 W. Locust St. 50 RENEWALS Oky Doky # 8, Hill Street Plaza, 535 Hill St. A & B Tap, DDA Enterprises Inc.,2600 Cen-Paro Foods, Sahajanand Enterpr., 3200 tral Central Ave. A.W.N. Stop Mart, Waseem Choudhry, 1998 Plaza 20 BP/ Amoco, R Future, 2600 Dodge Jackson St. St. Bartinis, Bartinis on Main, 253 Main St. Ron’s Discount Smokes/Beverage, RKM Beecher Company, Beecher Company Inc., LLC, 1701 JFK Rd. 1691 Asbury Rd. Sid’s Beverage, Beverly Miller, 2727 Dodge Bricktown, Cooper Management, 299 Main St. Bootlegger’s Pub, Bootlegger’s Pub Inc., Tobacco Outlet Plus # 504, Kwik Trip Inc., 1689 Elm St. 806 Wacker Dr. Bulldog Billiards Sports Bar, Bulldog Billiards Tobacco World, Iowa Potato/Produce Hs., Sports Bar, 1850 Central Ave. 3341 Hillcrest Rd. Casey’s General Store, Casey’s Marketing, Walgreen’s # 6154, Walgreen Co., 2260 JFK 2699 Rockdale Rd. Rd. Casey’s General Store, Casey’s Marketing, Walgreen’s # 9708, Walgreen Co., 55 JFK 4003 Peru Rd. Rd. Clark of Dubuque, Shreeji Services, 700 Wal-Mart Supercenter # 2004, Wal-Mart Rhomberg Ave. Store Inc., 4200 Dodge St. Cue Masters Billiards, William Kramer, 900 West Locust Mart, Lee W. Potter, 408 W. Main St. Locust Dubuque Discount Gas # 2, Jeff A. Streinz, Whiskey River, Chad Streff, 1064 University 2175 Central Ave. Ave. 228 Regular Session, June 19, 2006 White House Tap, David Hoffman, 450 W Tom Koch, Inc., Paul’s Tavern, +(Sunday Locust St. Sale), 176 Locust St. Passed, approved and adopted this 19th day Diamond Jo, LLC, Diamond Jo Casino, rd of June, 2006. +(Sunday/Outdoor Sale), 400 E. 3 St. Roy D. Buol, Mayor DBQ American Legion, American Legion # 6, Attest: Jeanne F. Schneider, City Clerk +(Sunday Sale), 306 Delhi St. Cline moved adoption of the Resolution. Cooper Management, Bricktown Brewery Seconded by Michalski. Motion carried 7-0. (Outdoor Sale), 299 Main St. CLASS “B” WINE RESOLUTION NO. 247-06 Hy-Vee, Inc., Hy-Vee Wine & Spirits “A” 3500 Whereas, applications for Beer Permits have Dodge St been submitted and filed to this Council for Passed, approved and adopted this 19th day approval and the same have been examined of June, 2005. and approved: and Roy D. Buol, Mayor Whereas, the premises to be occupied by Attest: Jeanne F. Schneider, CMC, City Clerk such applicants were inspected and found to Cline moved adoption of the Resolution. comply with the Ordinances of the City and have Seconded by Michalski. Motion carried 7-0. filed proper bonds. ITEMS TO BE SET FOR PUBLIC HEARING NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Para-Transit Rate Increase: City Manager That the Manager be authorized to cause to be recommending that a public hearing be set for issued the following named applicants a Beer July 5, 2006 to consider a para-transit rate Permit. increase, presented and read. Cline moved that CLASS “B” BEER the communication be received and filed and Legionnaires Drum & Bugle Corp Colts set public hearing for 7/5/06 at a meeting to Community Center+(Sunday Sale), 1101 Central commence at 6:30 P.M. in the public library Ave. auditorium and direct the City Clerk to publish CLASS “C” BEER PERMIT notice in the manner prescribed by law. Hy-Vee Inc., Hy-Vee Wine & Spirits ”A”, Seconded by Lynch. Motion carried 7-0. 3500 Dodge St. Passed, approved and adopted this 19th day Northwest Arterial Phase 1 – Bike/Pedestrian of June, 2006. Trail Project: City Manager recommending Roy D. Buol, Mayor initiation of the bidding process for the North- Attest: Jeanne F. Schneider, CMC, City Clerk west Arterial Phase 1 – Bike/Pedestrian Trail Cline moved adoption of the Resolution. Project and that a public hearing be set for July Seconded by Michalski. Motion carried 7-0. 17, 2006, presented and read. Cline moved that the communication be received and filed. RESOLUTION NO. 248-06 Seconded by Lynch. Motion carried 7-0. Whereas, applications for Liquor Licenses RESOLUTION NO. 249-06 have been submitted to this Council for approval PRELIMINARY APPROVAL OF PLANS AND and the same have been examined and ap- SPECIFICATIONS proved; and Whereas, the premises to be occupied by such NOW THEREFORE, BE IT RESOLVED BY applicants were inspected and found to comply THE CITY COUNCIL OF THE CITY OF DUBU- with the State Laws and all City Ordinances QUE, IOWA: relevant thereto and they have filed proper That the proposed plans, specifications, form bonds. of contract and estimated cost for the Northwest NOW, THEREFORE, BE IT RESOLVED BY Arterial Hike-Bike Trail - Phase 1 Project in the THE CITY COUNCIL OF THE CITY OF DUBU-estimated amount of $251,145.18 are hereby QUE, IOWA: approved and ordered filed in the office of the That the Manager be authorized to cause to be City Clerk for public inspection. th issued the following named applicants a Liquor Passed, approved and adopted this 19 day of License. June, 2006. CLASS “C” BEER/LIQUOR LICENSE Roy D. Buol, Mayor (5-Day Special Event) Attest: Jeanne F. Schneider, CMC, City Clerk DBQ Area Labor Mgmt Council, DBQ Area Cline moved adoption of the Resolution. Labor Mgmt Council, Town Clock Seconded by Lynch. Motion carried 7-0. CLASS “C” BEER/LIQUOR LICENSE SMG Food & Beverage LLC, Five Flags Center+ (Sunday Sale), 405 Main St. Regular Session, June 19, 2006 229 RESOLUTION NO. 250-06 Roy D. Buol, Mayor FIXING DATE OF HEARING ON PLANS AND Attest: Jeanne F. Schneider, CMC, City Clerk SPECIFICATIONS Cline moved adoption of the Resolution. Whereas, the City Council of the City of Seconded by Lynch. Motion carried 7-0. Dubuque, Iowa has given its preliminary ap- proval on the proposed plans, specifications, Ham House Painting Project: City Manager and form of contract and placed same on file in recommending initiation of the bidding process the office of the City Clerk for public inspection for the Ham House Painting Project and that a of the Northwest Arterial Hike-Bike Trail - Phase public hearing be set for July 17, 2006, pre- 1 Project. sented and read. Cline moved that the commu- NOW THEREFORE, BE IT RESOLVED BY nication be received and filed. Seconded by THE CITY COUNCIL OF THE CITY OF DUBU-Lynch. Motion carried 7-0. QUE, IOWA: th RESOLUTION NO. 252-06 That a public hearing will be held on the 17 PRELIMINARY APPROVAL OF PLANS AND day of July, 2006, at 6:30 p.m. in the Public SPECIFICATIONS Library Auditorium at which time interested persons may appear and be heard for or against BE IT RESOLVED BY THE CITY COUNCIL the proposed plans and specifications, form of OF THE CITY OF DUBUQUE, IOWA: contract and cost of said improvement, and the That the proposed plans, specifications, form City Clerk be and is hereby directed to cause a of contract and estimated cost for the Paint the notice of time and place of such hearing to be Ham House Trim Project, in the estimated published in a newspaper having general amount of $33,000, are hereby approved and circulation in the City of Dubuque, Iowa, which ordered filed in the office of the City Clerk, for notice shall be not less than four days nor more public inspection. than twenty days prior to the day fixed for its Passed, approved and adopted this 19th day consideration. At the hearing, any interested of June, 2006. person may appear and file objections to the Roy D. Buol, Mayor proposed plans, specifications, contract, or Attest: Jeanne F. Schneider, City Clerk estimated cost of the improvement. Cline moved adoption of the Resolution. th Passed, approved and adopted this 19 day of Seconded by Lynch. Motion carried 7-0. June, 2006. RESOLUTION NO. 253-06 Roy D. Buol, Mayor FIXING DATE OF HEARING ON PLANS AND Attest: Jeanne F. Schneider, CMC, City Clerk SPECIFICATIONS Cline moved adoption of the Resolution. Seconded by Lynch. Motion carried 7-0. WHEREAS, the City Council of the City of Dubuque, Iowa has given its preliminary ap- RESOLUTION NO. 251-06 proval on the proposed plans, specifications, ORDERING BIDS and form of contract and placed same on file in NOW THEREFORE, BE IT RESOLVED BY the office of the City Clerk for public inspection THE COUNCIL OF THE CITY OF DUBUQUE, of the Paint the Ham House Trim Project. IOWA: NOW, THEREFORE, BE IT RESOLVED, BY That the Northwest Arterial Hike-Bike Trail – THE CITY COUNCIL OF THE CITY OF DUBU- Phase 1 Project is hereby ordered to be adver-QUE, IOWA, that on the 17th day of July, 2006, tised for bids for construction. a public hearing will be held at 6:30 p.m. in the BE IT FURTHER RESOLVED, that the amount Public Library Auditorium, at which time inter- of the security to accompany each bid shall be in ested persons may appear and be heard for or an amount which shall conform to the provisions against the proposed plans and specifications, of the Notice to Bidders hereby approved as a form of contract and cost of said improvement, part of the plans and specifications heretofore and the City Clerk be and is hereby directed to adopted. cause a notice of time and place of such hearing That the City Clerk is hereby directed to to be published in a newspaper having general advertise for bids for the construction of the circulation in the City of Dubuque, Iowa, which improvements herein provided, to be published notice shall be not less than four days nor more in a newspaper having general circulation in the than twenty days prior to the day fixed for its City of Dubuque, Iowa, which notice shall not be consideration. At the hearing, any interested less than four days nor more than forty-five days person may appear and file objections to the prior to the receipt of said bids at 2:00 p.m. on proposed plans, specifications, contract, or th the 6 day of July, 2006. Bids shall be opened estimated cost of the improvement. and read by the City Clerk at said time and will Passed, approved and adopted this 19th day be submitted to the Council for final action at of June, 2006. th 6:30 p.m. on the 17 day of July, 2006. Roy D. Buol, Mayor th Passed, approved and adopted this 19 day of Attest: Jeanne F. Schneider, City Clerk June, 2006. 230 Regular Session, June 19, 2006 Cline moved adoption of the Resolution. and Melendez) Applicants: Paul Lassance, Seconded by Lynch. Motion carried 7-0. Hiram Melendez Michalski moved that Paul Lassance and RESOLUTION NO. 254-06 Hiram Melendez be reappointed to three year ORDERING BIDS terms which will expire 7/1/09. Seconded by BE IT RESOLVED BY THE COUNCIL OF Connors. Motion carried 7-0. THE CITY OF DUBUQUE, IOWA: Long Range Planning Advisory Commission That the Paint the Ham House Trim Project is (Two 3-year terms through 7/1/09 – terms of hereby ordered to be advertised for bids for Neumeister, Stein) Applicants: Dr. Mary Lynn construction. Neumeister, Richard Stein Michalski moved BE IT FURTHER RESOLVED, that the amount that Dr. Mary Lynn Neumeister and Rick Stein of the security to accompany each bid shall be in be reappointed to three year terms on the Long an amount which shall conform to the provisions Range Planning Advisory Commission which will of the notice to bidders hereby approved as a expire 7/1/09. Seconded by Connors. Motion part of the plans and specifications heretofore carried 7-0. adopted. Zoning Advisory Commission (Two 3-years That the City Clerk is hereby directed to terms through 7/1/09 – terms of Bichell and advertise for bids for the construction of the Hardie) improvements herein provided, to be published Applicants: Kenneth Bichell, Stephen Hardie, in a newspaper having general circulation in the Matthew Lundh, Charles Miller City of Dubuque, Iowa, which notice shall not be Vote on the appointments was as follows: less than four days nor more than forty-five days Braig voted for Bichell and Hardie. Buol voted prior to the receipt of said bids at 2:00 p.m. on for Bichell and Miller. Cline voted for Hardie and the 6th day of July, 2006. Bids shall be opened Miller. Connors voted for Bichell and Hardie. and read by the City Clerk at said time and will Jones voted for Bichell and Miller. Lynch voted be submitted to the Council for final action at for Hardie and Miller. Michalski voted for Bichell 6:30 p.m. on the 17th day of July, 2006. and Hardie. Therefore, Kenneth Bichell and Passed, approved and adopted this 19th day Stephen Hardie were reappointed to three year of June, 2006. terms on the Zoning Advisory Commission Roy D. Buol, Mayor which will expire 7/1/09. Attest: Jeanne F. Schneider, City Clerk PUBLIC HEARINGS Cline moved adoption of the Resolution. Seconded by Lynch. Motion carried 7-0. Michalski moved to suspend the rules to allow BOARDS/COMMISSIONS anyone present to address the Council. Seconded by Braig. Motion carried 7-0. Applicants are invited to address the Council regarding their desire to serve on the following Durrant Group / Richard Davison – Request to Commission: Park and Recreation Advisory Rezone: Proof of publication on notice of hear- Commission (One 3-year term through 6/30/09 – ing to consider a request from Durrant Group / Term of Duggan) Applicant: Chuck Duggan Richard Davison to rezone property located at No one spoke. 593 Hill Street from R-2A Alternate Two-Family Residential District to C-2 Neighborhood Shop- Appointments to the following Boards / Com-ping Center District and Zoning Advisory Com- missions: mission recommending approval, presented and Historic Preservation Commission (Three 3-read. Connors moved to receive and file the year At-Large terms through 7/1/09 [terms of proof and communication. Seconded by Jones. Loney-Bichell, Gibbs, Olson] and one 3-year Motion carried 7-0. Cathedral District term through 7/1/09 [term of Pat Norton, The Durrant Group clarified the Coty]) rezoning request and spoke in support of the Applicants: At-Large – Mary Loney-Bichell, change. Matthew Lundh and Chris Olson; Cathedral District – Michael Coty. Connors moved that An Ordinance Amending Appendix A (the Mary Loney-Bichell, Chris Olson and Michael Zoning Ordinance) of the City of Dubuque Code Coty be reappointed and Matthew Lundh ap-of Ordinances by reclassifying property located pointed to three year terms on the Historic at 593 Hill Street from R-2A Alternate Two- Preservation Commission for terms that will Family Residential District to C-2 Neighborhood expire 7/1/09. Seconded by Braig. Motion Shopping Center District, presented and read. carried 6-1 with Cline voting Nay. Investment Oversight Commission (Two 3- year terms through 7/1/09 – terms of Lassance Regular Session, June 19, 2006 231 OFFICIAL PUBLICATIONOFFICIAL PUBLICATION ORDINANCE NO. 42-06 ORDINANCE NO. 43-06 AMENDING APPENDIX A (THE ZONING AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFY-CODE OF ORDINANCES BY RECLASSIFY- ING HEREINAFTER DESCRIBED PROPERTY ING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 593 HILL STREET FROM R-2A LOCATED AT 210 JONES STREET FROM LI ALTERNATE TWO-FAMILY RESIDENTIAL LIGHT INDUSTRIAL DISTRICT TO C-4 DISTRICT TO C-2 NEIGHBORHOOD SHOP-DOWNTOWN COMMERCIAL DISTRICT PING CENTER DISTRICT NOW, THEREFORE, BE IT ORDAINED BY NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU- THE CITY COUNCIL OF THE CITY OF DUBU-QUE, IOWA: QUE, IOWA: Section 1. That appendix A (The Zoning Section 1. That appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying Ordinances is hereby amended by reclassifying the hereinafter-described property from LI Light the hereinafter-described property from R-2A Industrial District to C-4 Downtown Commercial Alternate Two-Family Residential Zoning District District; to wit: to C-2 Neighborhood Shopping Center District; Lots 1 & 2 City Lot 541, City Lot 542, and Lots 1 to wit: & 2 Subdivision 2 City Lot 543 and Lot A va- Lot 2-1-2 of City Lot 735 and Lot 1-2-1-37 cated Shields Street and Lot 2 Subdivision D Kelly Subdivision, and to the centerline of the vacated Shields Street, and to the centerline of adjoining public right-of-way, all in the City of the adjoining public right-of-way, all in the City of Dubuque, Iowa, Dubuque, Iowa, Section 2. The foregoing amendment has Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advi-heretofore been reviewed by the Zoning Advi- sory Commission of the City of Dubuque, Iowa. sory Commission of the City of Dubuque, Iowa. thth Passed, approved and adopted this 19 day of Passed, approved and adopted this 19 day of June 2006. June 2006. Roy D. Buol, Mayor Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald Published officially in the Telegraph Herald thth newspaper this 24 day of June, 2006. newspaper this 24 day of June, 2006. Jeanne F. Schneider, City Clerk Jeanne F. Schneider, City Clerk 1t 6/24 1t 6/24 Connors moved that the requirement that a Michalski moved that the requirement that a proposed Ordinance be considered and voted proposed Ordinance be considered and voted on for passage at two Council Meetings prior to on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be the meeting at which it is to be finally passed be suspended. Seconded by Jones. Motion carried suspended. Seconded by Connors. Motion 7-0. Connors moved final consideration and carried 7-0. Michalski moved final consideration passage of the Ordinance. Seconded by Braig. and passage of the Ordinance. Seconded by Motion carried 7-0. Lynch. Motion carried 7-0. Wendell Corey, Motor City LLC – Request to Harold and Jocille Weber – Request to Re-Rezone: Proof of publication on notice of hear- zone: Proof of publication on notice of hearing to ing to consider a request from Wendell Corey, consider a request from Harold and Jocille Motor City LLC, to rezone property located north Weber to rezone property located at 210 Jones of Asbury Plaza Shopping Center in Dubuque Street from LI Light Industrial District to C-4 County from County AG Agricultural District to Downtown Commercial District and Zoning City PUD Planned Unit Development with a PC Advisory Commission recommending approval, Planned Commercial designation in conjunction presented and read. Michalski moved that the with annexation to the City of Dubuque and proof and communication be received and filed. Zoning Advisory Commission recommending Seconded by Connors. Motion carried 7-0. approval, presented and read. Connors moved Randy Weber, 535 South Grandview Avenue, that the proofs and communication be received spoke in support of the requested rezoning. and filed. Seconded by Michalski. Motion carried An Ordinance Amending Appendix A (the 7-0. Zoning Ordinance) of the City of Dubuque Code Wendell Corey, Mason City, IA, requested the of Ordinances by reclassifying property located continuation of the existing PUD for the property at 210 Jones Street from LI Light Industrial proposed for rezoning and annexation. District to C-4 Downtown Commercial District, An Ordinance Amending Appendix A (the presented and read. Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter 232 Regular Session, June 19, 2006 described property located north of Asbury which rise above the grade surface of the lot. Plaza Shopping Center from County AG Agricul-These include: tural District to City PUD Planned Unit Develop- a. The primary building ment with a PC Planned Commercial designa- b. All accessory or secondary buildings tion in conjunction with annexation, presented c. All exterior storage areas and read. d. Exterior refuse collection areas e. Exterior mechanical equipment OFFICIAL PUBLICATION f. Containerized or tank storage liquids, fuels, ORDINANCE NO. 44-06 gases and other materials. AMENDING APPENDIX A (THE ZONING 2. Vehicle-related features: Vehicle related ORDINANCE) OF THE CITY OF DUBUQUE features are defined as all areas used for the CODE OF ORDINANCES BY RECLASSIFY- movement and parking of all vehicles within the ING HEREINAFTER DESCRIBED PROPERTY lot. These include: LOCATED NORTH OF PLAZA DRIVE FROM a. Employee and visitor parking spaces COUNTY A-1 AGRICULTURAL DISTRICT TO b. Driveways from the street right-of-way CITY OF DUBUQUE PUD PLANNED UNIT line to and from parking spaces. DEVELOPMENT DISTRICT WITH A PC c. Loading spaces outside of the building. PLANNED COMMERCIAL DESIGNATION d. Maneuvering space and driveways to AND ADOPTING A CONCEPTUAL DEVEL- and from loading spaces. OPMENT PLAN CONCURRENT WITH AN- e. Parking spaces for company-owned NEXATION FOR MOTOR CITY, LLC commercial vehicles. Whereas, Motor City, LLC, property owner, f. Fire lanes. has requested rezoning concurrent with annexa-3. Open space features: Open space features tion to the City of Dubuque in accordance with are defined as those exterior areas and devel- Section 2-3 of Appendix A (Zoning Ordinance) of oped features of the lot. These include: the City of Dubuque Code of Ordinances; and a. Landscape space containing lawn areas and Whereas, this request has been found to be plantings. consistent with the Comprehensive Plan and b. Paved, hard surfaced pedestrian areas such Future Land Use Map of the Comprehensive as walkways, plazas, entryways and courtyards. Plan. c. Surface storm water detention areas not NOW, THEREFORE, BE IT ORDAINED BY otherwise used for building-related or vehicle THE CITY COUNCIL OF THE CITY OF DUBU-related purposes. QUE, IOWA: d. Open recreation areas and recreation Section 1. That Appendix A (The Zoning trail. Ordinance) of the City of Dubuque Code of e. Other non-building and non-vehicular Ordinances is hereby amended by reclassifying related space. the hereinafter-described property from Dubu-Use Regulations que County A-1 Agricultural to City of Dubuque The following regulations shall apply to all land PUD Planned Unit Development with a PC uses in the above-described PUD District: Planned Commercial designation, and adopting 1. Principal permitted uses shall be limited to: a conceptual development plan, a copy of which a. Retail sales/services [17] is on file with the City of Dubuque Planning b. General office [14] Services Department, for property legally de- c. Indoor restaurant [20] scribed to wit:. d. Drive-in/carry-out restaurant [28] West ½ of the NW ¼ of the NE ¼ of Section 17, e. Gas station [18] Township 89N, R2E, east ½ of the NW ¼ of the f. Bank/savings and loans and credit unions NE ¼ of Section 17, T89N, R2E; Northeast ¼ of [31] the NE ¼ of Section 17, T89N, R2E, and to the g. Indoor recreation [37] centerline of the adjoining public right-of-way, all h. Schools of private instruction [4] in the City of Dubuque, Iowa. i. Self-service car wash [8] Section 2. Pursuant to Iowa Code Section j. Full-service car wash [8] 414.5 (2005) and as an express condition of this k. Outdoor recreation [37] zoning reclassification, the undersigned property l. Auto sales and service [38] owner(s) agree to the following conditions, all of m. Auto service centers [34] which the property owner further agrees are n. Auto repair/body shop [35] reasonable and imposed to satisfy the public o. Motorcycle sales/service [41] needs that are caused directly by this zoning p. Truck sales/service/repair [39] reclassification. q. Recreation vehicle sales/service [38] Definitions r. Business services [29] 1. Building-related features: Building-related s. Office supply [19] features are defined as all constructed items t. Lumberyards/building material sales [19] Regular Session, June 19, 2006 233 u. Construction supplies, sales and service or stored on the premises, the applicant shall [19] also post in a conspicuous place on the premis- v. Moving/storage facilities [33] es a notice indicating a description of the ex- w. Contractor shop/yard [33] tremely hazardous substances, and the physical x. Wholesale sales/distributor [29] and health hazards presented by such sub- y. Warehousing and storage facilities [33] stances. z. Freight transfer facilities [44] 3. Accessory uses shall be limited to any use aa. Agricultural supply sales [19] customarily incidental and subordinate to the bb. Mini-warehousing [47] principal use it serves. cc. Processing or assembly [33] 4. Temporary uses shall be limited to any use dd. Landscaping services (not including retail listed as a permitted use within the PUD District sales as primary use) [29] of a limited duration, as established in Section 2- [ ] Parking Group – see Section 4-2 of the 5.3 and as defined in Section 8 of the Zoning Zoning Ordinance Ordinance. Conditional uses shall be limited to the following: C. Lot and Bulk Regulations a. Day care center, within a primary of- Development of land in the PUD District shall fice/commercial building or as a stand-alone be regulated as follows: structure. Day care centers are subject to state 1. All building-related features shall be in and local regulations. accordance with the following lot and bulk 1. Indoor floor area (excluding halls and regulations: bathrooms) must be provided per child in areas a. Maximum lot coverage shall be limited to occupied by cribs as per State Code. 85% of the total lot area. All building and ve- 2. Indoor floor area (excluding halls and hicle-related features shall be considered when bathrooms) must be provided per child in areas calculating total land coverage. not occupied by cribs times the licensed capaci-b. Maximum building height shall be 60 feet, ty as per State Code. except the following may exceed the height limit: 3. Fenced outdoor recreation space must be cooling towers, condensers, elevator bulkheads, provided per child using the space at a given stacks and other necessary mechanical equip- time as per State Code. ment and their protective housing. HVAC 4. Such facility shall provide for the loading equipment is limited to 10 feet above 60 feet and unloading of children so as not to obstruct limitation subject to the provisions of adequate public streets or create traffic or safety hazards. screening. 5. All licenses have been issued or have c. Setbacks for buildings shall be as established been applied for awaiting the outcome of the for the C-3 General Commercial District, set Board’s decision. forth in Section 3-3.3 of the Zoning Ordinance. 6. No group day care center may be located d. Parking lots fronting on a public or private within the same structure as any gas station, street(s) shall be set back ten (10) feet from the bar/tavern, automated gas station or any facility adjacent right-of-way(s). selling servicing, repairing or renting vehicles. D. Parking Regulations 7. The parking group requirements can be 1. All vehicle-related features shall be surfaced met [8]. with either asphalt or concrete. 8. The conditional use applicant certifies that 2. Curbing and proper surface drainage of the premises on which the group day care storm water shall be provided. center will be located complies with, and will for 3. All parking and loading spaces shall be so long as the group day care center is so delineated on the surfacing material by painting located, continue to comply with all local, state, stripes and other permanent means. and federal regulations governing hazardous 4. No on-street parking shall be allowed on substances, hazardous waste and hazardous streets within this PUD. materials, including, but not limited to Iowa Code 5. The number, size and design of parking Chapter 455B (1991); 42 U.S.C. Section 9601 of spaces shall be governed by applicable provi- the Federal Comprehensive Environmental sions of City of Dubuque Code of Ordinances in Response Compensation and Liability Act; 40 effect at the time of development of the lot. C.F.R. section 3-2.4; and Section 302 of the 6. The number, size, design and location of Superfund Amendments and Reauthorization parking spaces designated for persons with Act of 1986; and disabilities shall be according to the local, state 9. If the applicant is subject to the require-or federal requirements in effect at the time of ments of Section 302 of the Superfund Amend-development of the lot. ments and Reauthorization Act of 1986, the 7. The location and number of private driveway Emergency Management Director shall certify intersections with public streets shall be estab- whether or not the applicant has submitted a lished by the City of Dubuque. current inventory of extremely hazardous sub-E. Landscaping Regulations stances kept or stored on the premises. If any 1. Plant Materials: The open space area of such extremely hazardous substances are kept each lot shall be planted with permanent lawn 234 Regular Session, June 19, 2006 and ground covers, such as shrubs and trees. It illuminated by means of a light source complete- is the intent of these regulations that the devel-ly enclosed by the sign panel. opment of required open spaces shall reflect a 6. Motion: No signs may include any device or high quality of environmental design. The means, mechanical, electrical or natural, which following provisions shall apply to each lot. shall cause motion of the sign panel or any part a. Landscape plans are required as part of thereof. No flashing lights or changing colors submittals for site plan review. Landscape plans shall be allowed. are to include type, number and size of pro-G. Performance Standards posed plantings. As a minimum, the submitted The development and maintenance of uses in landscape plan should include the following: this PUD District shall be established in confor- 1. For every one (1) acre of lot size, four (4) mance with Section 3-5.5 of the Zoning Ordin- trees shall be required with a minimum of eight ance and the following standards: (8) trees required for lots two (2) acres or less. 1. Site Lighting: Each required tree shall be at least 1 ½ -2” a. Exterior illumination of site features shall be caliper diameter deciduous and/or six foot high limited to the illumination to of the following: evergreen at planting. 1. Parking areas, driveways and loading 2. Parking areas located adjacent to right-of-facilities. way shall be screened with a combination of 2. Pedestrian walkway surfaces and en- trees, shrubs or berms to provide a landscape trances to the building. screen of 50% opacity and three feet in height 3. Screened storage areas. within three years of planting. 4. Building exterior. 2. All exposed soil areas remaining after the b. Location and Design: construction of building and vehicle-related 1. All exterior lighting shall be designed, features shall be planted with a permanent installed and maintained so as not to cause ground cover to prevent erosion. Within one glare or to shine into adjacent lots and streets. year following completion of construction, or by 2. All exterior lighting luminaries shall be the date that a building is issued an occupancy designed and installed to shield light from the certificate by the Building Services Department luminaire at angles above 72-degrees from of the City of Dubuque, whichever occurs first, vertical. required landscaping shall be installed. 3. A lighting plan shall be included as part 3. The owner shall replant any and all plant of the site plan submittals that indicates types of materials which have died due to any cause lights used and ground light pattern for lighting during the effective period of this PUD Ordin-of building and parking–related features. ance. 4. Fixtures mounted on a building shall be F. Sign Regulations positioned no higher than the roofline of the 1. The provisions of Section 4-3 (Sign Regula-building. tions) of the Zoning Ordinance shall apply 5. Wooden utility-type poles are acceptable unless further regulated by this section. only for temporary use during construction. 2. Wall-mounted signs: 6. All electrical service lines to posts and a. Total aggregate square footage of wall-fixtures shall be underground or concealed mounted signs is based on 15 percent of the inside the posts. front building wall area. Corner lots shall be Utility Locations: allowed additional aggregate square footage a. Service lines: All electrical, telephone, cable based on five percent (5%) of the side building and other similar utility lines serving the building wall area. and other site features shall be located under- b. Number of signs: Maximum four (4) per ground. building. No more than three (3) building walls b. Mechanical Equipment: All air conditioning shall have wall-mounted signs. units, heat pumps and other similar mechanical c. Below eave or parapet. equipment, not including roof-mounted mechan- 3. Freestanding signs: ical equipment shall be screened from view. a. Total allowed square footage: 100 square Mechanical equipment shall be screened in such foot a manner that it will appear to be an integral part b. Maximum number: 1 of the building’s overall architectural design. c. Maximum height: 25 feet Wooden fencing of at least 50% opacity, maso- 4. Variance requests from sign requirements nry walls or plantings may be used to visually for size, number and height shall be reviewed by screen mechanical equipment. the Zoning Board of Adjustment in accordance c. Exterior trash collection area shall be with Section 5-3 of the Zoning Ordinance. located in rear or side yards only. 5. Lighting: Signs may be illuminated only by d. All exterior trash collection areas and the means of indirect lighting whereby all light materials contained therein shall be visually sources and devices are shielded from view by screened from view. The screening shall be opaque or translucent materials, or internally wood or masonry fence, wall or other feature not Regular Session, June 19, 2006 235 exceeding a height of seven (7) feet measured ACCEPTANCE OF ORDINANCE NO. 44-06 from the ground level outside the line of the I, Wendell Corey, representing Motor City, screen. Screens built on sloping grades shall be LLC, property owner, having read the terms and stepped so that their top line shall be horizontal. conditions of the foregoing Ordinance No. 44-06 All exterior entrances to a screened trash area and being familiar with the conditions thereof shall be provided with a gate or door of similar hereby accept the same and agree to the design to that of the screen unless located in a conditions required therein. service area not visible to the general public. Dated this 15th day of June 2006. If a seven-foot high screen fails to shield the /s/ Wendell Corey exterior trash collection area from view from Published officially in the Telegraph Herald th points inside or outside of the property, ever-newspaper this 25 day of June, 2006. green plantings may be required in addition to Jeanne F. Schneider, City Clerk the screening. Evergreen plant materials shall 1t 6/25 be selected and designed so that they will Connors moved that the requirement that a screen the area from all off-site visibility within proposed Ordinance be considered and voted five years. on for passage at two Council Meetings prior to 4. Other Codes and Regulations: the meeting at which it is to be finally passed be a. Outdoor sales are regulated through the suspended. Seconded by Michalski. Motion temporary use permit process. carried 7-0. Connors moved final consideration b. The use of semi-trailers and shipping con-and passage of the Ordinance. Seconded by tainers for storage is prohibited. Jones. Motion carried 7-0. c. Operations within enclosed buildings: All operations and activities shall be conducted Dean and Patricia Butler – Request to Rezone: within completely enclosed buildings, except: (1) Proof of publication on notice of hearing to off-street parking and loading; and (2) recreation consider a request from Dean and Patricia facilities. Butler to rezone property located south of Derby d. These regulations do not relieve the owner Grange Road in Dubuque County from County from other applicable city, county, state or A1 Agricultural District to City R-3 Moderate federal codes, regulations, laws or other controls Density Multi-Family Residential District in relative to the planning, construction, operation conjunction with annexation to the City of and management of property within the City of Dubuque and the Zoning Advisory Commission Dubuque. recommending approval with the condition that H. Transfer of Ownership the property be rezoned R-2 Two-Family Resi- Transfer of ownership or lease of property in this dential District, presented and read. PUD District shall include in the transfer or lease John Herrig, 13750 Surrey Lane, representing agreement a provision that the purchaser or Dean and Patricia Butler, stated the applicants lessee acknowledges awareness of and agrees were agreeable to the R-2 Two-Family Residen- to comply with the conditions authorizing the tial designation. establishment of the PUD District. I. Modifications An Ordinance Amending Appendix A (the Any modifications of this Ordinance must be Zoning Ordinance) of the City of Dubuque Code approved by the City Council in accordance with of Ordinances by reclassifying hereinafter zoning reclassification proceedings of Section 6 described property located south of Derby of the Zoning Ordinance. Grange Road in Dubuque County from County J. Recording A1 Agricultural District to City R-2 Two-Family A copy of this ordinance shall be recorded at the Residential District, concurrent with annexation, expense of the property owner(s) with the presented and read. Dubuque County Recorder as a permanent OFFICIAL PUBLICATION record of the conditions accepted as part of this ORDINANCE NO. 45-06 reclassification approval within 10 days after the AMENDING APPENDIX A (THE ZONING adoption of this ordinance. This ordinance shall ORDINANCE) OF THE CITY OF DUBUQUE be binding upon the undersigned and his/her CODE OF ORDINANCES BY RECLASSIFY- heirs, successors and assigns. ING HEREINAFTER DESCRIBED PROPERTY Section 3. The foregoing amendment has LOCATED 13518 DERBY GRANGE ROAD heretofore been reviewed by the Zoning Advi- FROM DUBUQUE COUNTY A-1 AGRICUL- sory Commission of the City of Dubuque, Iowa. TURAL DISTRICT TO CITY OF DUBUQUE R-2 Section 4. This ordinance shall take effect TWO-FAMILY RESIDENTIAL DISTRICT, immediately upon publication, as provided by CONCURRENT WITH ANNEXATION law. Passed, approved and adopted this 19th day Whereas, Dean and Patricia Butler, property of June 2006. owners, have requested rezoning concurrent Roy D. Buol, Mayor with annexation to the City of Dubuque in Attest: Jeanne F. Schneider, City Clerk accordance with Section 2-3 of Appendix A (The 236 Regular Session, June 19, 2006 Zoning Ordinance) of the City of Dubuque Code Communication from Wendell Corey, Motor of Ordinances; and City LLC, regarding the request of John and Whereas, this request has been found to be Sally Jo Herrig to rezoning property located consistent with the Comprehensive Plan and the south of Derby Grange Road and requesting Future Land Use Map of the Comprehensive that the C-3 zoning be downgraded to C-2, Plan. presented and read. NOW, THEREFORE, BE IT ORDAINED BY Petition requesting that the rezoning be THE CITY COUNCIL OF THE CITY OF DUBU-downgraded from C-3 to PUD Planned Unit QUE, IOWA: Development (first choice) or C-2 (second Section 1. That Appendix A (The Zoning choice) for property located south of Derby Ordinance) of the City of Dubuque Code of Grange Road, presented and read. Ordinances is hereby amended by reclassifying John Herrig, 13750 Surrey Lane, spoke in the hereinafter-described property from Dubu-support of the original request for rezoning. que County A-1 Agricultural to City of Dubuque Cheryl Ramsell, 13878 Derby Grange Road, R-2 Two-Family Residential District, to wit: spoke of concerns with water quality and traffic. Lot 2 Butler’s Hill Second Addition, all in Wendell Corey spoke requesting a Planned Dubuque County, Iowa. Urban Development for the area in question. He Section 2. The foregoing amendment has stated he is 100% for the project but not the way heretofore been reviewed by the Zoning Advi-that it is being done. He requested that the area sory Commission of the City of Dubuque, Iowa. be rezoned to a PUD or C-2, which would be Section 3. This ordinance shall take effect more restrictive. immediately upon publication, as provided by Dave Coates, 13102 Derby Grange Road, law, and at such time that the herein described spoke objecting to R-3 and C-3 and requested property is legally annexed into the City of that this property be zoned all R-1, a combina- Dubuque, Iowa. tion of R-2 and PUD, or a combination of R-2 th Passed, approved and adopted this 19 day of and C-2. June 2006. Mary Jean Reding, 13918 Surrey Lane; Mary Roy D. Buol, Mayor Jo Zalaznik, 13919 Surrey Lane; Judy Riniker, Attest: Jeanne F. Schneider, City Clerk13533 Burton Furnace Road; and Dean Depaul Published officially in the Telegraph Herald of 13486 Derby Grange Road, all spoke object- th newspaper this 24 day of June, 2006. ing to the proposed rezoning as it would in- Jeanne F. Schneider, City Clerk crease traffic and negatively impact water runoff. 1t 6/24 Ron Breitbach, 13233 Derby Grange Road, Cline moved that the requirement that a spoke stating he saw a need for residential but proposed Ordinance be considered and voted not commercial development as there is more on for passage at two Council Meetings prior to than enough nearby commercially zoned proper- the meeting at which it is to be finally passed be ty. suspended. Seconded by Jones. Motion carried City Engineer Gus Psihoyos clarified that 7-0. Cline moved final consideration and pas-earlier Rubloff Development deficiencies have sage of the Ordinance. Seconded by Jones. been corrected and that Wendell Corey is in Motion carried 7-0. compliance with all State permits as to water runoff. The City will start to inspect stormwater John and Sally Jo Herrig – Request to Re-runoff areas on a quarterly basis, which is now zone: Proof of publication on notice of hearing to done on a complaint basis. consider a request from John and Sally Jo John Herrig responded to the various concerns Herrig to rezone property located south of Derby and explained his plans with regard to water Grange Road in Dubuque County from County retention and controlled water run-off. He also A1 Agricultural to City AG Agricultural District, R-stated that the collector street that would be built 3 Moderate Density Multi-Family Residential as part of the development would funnel the District and C-3 General Commercial District in additional traffic. conjunction with annexation to the City of An Ordinance Amending Appendix A (the Dubuque and Zoning Advisory Commission Zoning Ordinance) of the City of Dubuque Code recommending approval with the condition that of Ordinances by reclassifying hereinafter the property be rezoned to R-2 Two-Family described property located south of Derby Residential / C-3 General Commercial District Grange Road from County A1 Agricultural to with a 20 percent setback, presented and read. City AG Agricultural District, R-2 Two-Family Communication from John Herrig advising that Residential District and C-3 General Commercial the R-2 Two-Family Residential is acceptable; District, concurrent with annexation to the City of however, the C-3 General Commercial District Dubuque, presented and read. Cline moved that with a 20 percent setback is not acceptable, the requirement that a proposed Ordinance be presented and read. considered and voted on for passage at two Council Meetings prior to the meeting at which it Regular Session, June 19, 2006 237 is to be finally passed be suspended and further Whereas, the annexation territory is not moved that the twenty percent (20%) rear-yard subject to an existing annexation moratorium; setback condition be removed. Seconded by and Lynch. Motion failed due to lack of super- Whereas, the annexation territory does not majority vote: Yeas—Cline, Connors, Jones, include any state, county or railroad property; Lynch. Nays—Braig, Buol, Michalski. and Michalski moved to table the rezoning. Whereas, Chapter 368 of the Code of Iowa Seconded by Cline. Motion carried 7-0. authorizes the extension of City limits in situation of this character by adoption of a resolution and Requests for Voluntary Annexation: notification as required by State regulations; and Wendell Corey, Motor City LLC – Proof of Whereas, this request has been found to be publication on notice of hearing to consider a consistent with the Comprehensive Plan and the request from Wendell Corey, Motor City LLC, to Proposed Land Use Map of the Comprehensive voluntarily annex to the City of Dubuque contin-Plan; and gent on approval of the zoning and the annexa- Whereas, the future growth and development tion agreement, presented and read. Cline of the City of Dubuque, Iowa makes it desirable moved that the proof be received and filed. that said territory be made part of the City of Seconded by Michalski. Motion carried 7-0. Dubuque, Iowa. John and Sally Jo Herrig: Proof of publication NOW THEREFORE, BE IT RESOLVED BY on notice of hearing to consider a request from THE CITY COUNCIL OF THE CITY OF DUBU- John and Sally Jo Herrig to voluntarily annex to QUE, IOWA: the City of Dubuque contingent on approval of Section 1. That the corporate limits of Dubu- the zoning and the annexation agreement, que, Iowa be and they are hereby extended to presented and read. Cline moved that the proof include the territory as legally described above be received and filed. Seconded by Michalski. and as shown in Exhibit A. Motion carried 7-0. Section 2. The territory hereby annexed shall Dean and Patricia Butler – Proof of publication become part of Precinct Six (6) of Ward Two (2) on notice of hearing to consider a request from of the City of Dubuque, Iowa. Dean and Patricia Butler to voluntarily annex to Section 3. The City shall provide for the the City of Dubuque contingent on approval of transition for the imposition of City taxes against the zoning and the annexation agreement, property owner’s property, as provided by presented and read. Cline moved that the proof Chapter 368 of the Code of Iowa. That property be received and filed. Seconded by Braig. owner’s property shall be entitled to the following Motion carried 7-0. partial exemption from taxation for City taxes for a period of five years: City Manager recommending approval of the a. For the first year, seventy-five percent three voluntary annexation requests and submit-(75%). ting the signed annexation agreements for the b. For the second year, sixty percent (60%). three properties, presented and read. Cline c. For the third year, forty-five percent (45%) moved that the communication be received and d. For the fourth year, thirty percent (30%) filed. Seconded by Braig. Motion carried 7-0. e. For the fifth year, fifteen percent (15%) Wendell Corey spoke stating he is doing more The five-year period shall begin when the than necessary as far as stormwater detention. Property is placed on City tax rolls by Dubuque County. Lots sold after that date shall receive RESOLUTION NO. 255-06 the partial exemption percentage only for the APPROVING APPLICATION FOR VOLUNTA- remaining years of the five-year period. RY ANNEXATION OF TERRITORY OWNED Section 4. That the City Clerk shall file this BY MOTOR CITY LLC resolution, all exhibits and the petition for volun- Whereas, Motor City LLC, as property owner tary annexation with the State of Iowa in accor- has submitted a written application for voluntary dance with State Regulations. th annexation of approximately 75 acres of territory Passed, approved and adopted this 19 day of lying outside the corporate limits of the City of June, 2006. Dubuque, Iowa, as shown in Exhibit A and Roy D. Buol, Mayor legally described as: Attest: Jeanne F. Schneider, City Clerk W ½ of the NW ¼ of the NE ¼ of Section 17, Cline moved adoption of the Resolution. th T89N, R2E of the 5 P.M. in Dubuque County, Seconded by Michalski. Motion carried 7-0. Iowa E ½ of the NW ¼ of the NE ¼ of Section 17, Cline moved that action be tabled for the th T89N, R2E of the 5 P.M. in Dubuque County, annexation requests of John and Sally Jo Herrig Iowa; and and Dean and Patricia Butler. Seconded by NE ¼ of the NE ¼ of Section 17, T89N, R2E of Braig. Motion carried 7-0. th the 5 P.M. in Dubuque County, Iowa; and Theisen Supply, Inc. – Development Agree- ment: Proof of publication on notice of hearing to 238 Regular Session, June 19, 2006 consider execution of a Development Agree-deliver a Special Warranty Deed for the Property ment with Theisen Supply, Inc., including the as provided in the Development Agreement. disposition of 16.749 acres in the Dubuque Section 4. That the City Manager is authorized Industrial Park West to Chavenelle Warehouse to take such actions as are necessary to comply Development, LLC for construction of a 110,000 with the terms of the Development Agreement square foot warehouse/office complex for as herein approved. Theisen’s Supply, Inc. and City Manager re- Passed, approved and adopted this 19th day commending approval, presented and read. of June, 2006. Michalski moved that the proof and communica-Roy D. Buol, Mayor tion be received and filed. Seconded by Con-Attest: Jeanne F. Schneider, City Clerk nors. Motion carried 7-0. Michalski moved adoption of the Resolution. Tony Theisen, Vice President of Theisen Seconded by Connors. Motion carried 7-0. Supply, spoke requesting the Development Agreement. William Baum, Interim Director of Kunkel, Bounds and Associates – Develop- Greater Dubuque Development Corporation, ment Agreement: Proof of publication on notice spoke and encouraged Council approval for this of hearing to consider execution of a Develop- agreement. ment Agreement with Kunkel, Bounds and Associates, including a 7.69 acre land sale in RESOLUTION NO. 256-06 the Dubuque Technology Park for construction APPROVING A DEVELOPMENT AGREEMENT of a 9,800 square foot office building and City PROVIDING FOR THE SALE OF LOT 1 OF Manager recommending approval, presented LOT 2 DUBUQUE INDUSTRIAL CENTER and read. Cline moved that the proof and WEST 5TH ADDITION IN THE CITY OF DU- communication be received and filed. Seconded BUQUE, IOWA, TO THEISEN SUPPLY, INC. by Lynch. Motion carried 7-0. AND CHAVENELLE WAREHOUSE DEVEL- Tim Kunkel spoke and thanked Council and OPMENT, LLC. staff for their support and assistance. Whereas, the City Council, by Resolution No. RESOLUTION NO. 257-06 213-06, dated June 5, 2006, declared its intent APPROVING A DEVELOPMENT AGREEMENT to enter into a Development Agreement with PROVIDING FOR THE SALE OF LOT 6 Theisen Supply, Inc. and Chavenelle Ware- BLOCK 2 DUBUQUE TECHNOLOGY PARK IN house Development, LLC for the sale of Lot 1 of THE CITY OF DUBUQUE, IOWA, TO KUNKEL Lot 2 Dubuque Industrial Center West 5th BOUNDS & ASSOCIATES, INC. Addition (the Property); and Whereas, pursuant to published notice, a Whereas, the City Council, by Resolution No. public hearing was held on the proposed dispo-214-06, dated June 5, 2006, declared its intent sition on June 19, 2006 at 6:30 p.m. at the to enter into a Development Agreement with Carnegie-Stout Public Library Auditorium, 360 Kunkel, Bounds & Associates, Inc. for the sale of W. 11th Street, Dubuque, Iowa.; and Lot 6 Block 2 Dubuque Technology Park (the Whereas, it is the determination of the Council Property); and that approval of the Development Agreement for Whereas, pursuant to published notice, a the sale to and development of the Property by public hearing was held on the proposed dispo- Theisen Supply, Inc. and Chavenelle Ware-sition on June 19, 2006 at 6:30 p.m. at the house Development, LLC according to the terms Carnegie-Stout Public Library Auditorium, 360 and conditions set out in the Development W. 11th Street, Dubuque, Iowa.; and Agreement is in the public interest of the City of Whereas, it is the determination of the City Dubuque. Council that approval of the Development NOW, THEREFORE, BE IT RESOLVED BY Agreement for the sale to and development of THE CITY COUNCIL OF THE CITY OF DUBU-the Property by Kunkel, Bounds & Associates, QUE, IOWA: Inc. according to the terms and conditions set Section 1. That the attached Development out in the Development Agreement is in the Agreement by and among the City of Dubuque public interest of the City of Dubuque. and Theisen Supply, Inc. and Chavenelle NOW, THEREFORE, BE IT RESOLVED BY Warehouse Development, LLC for the sale of THE CITY COUNCIL OF THE CITY OF DUBU- the Property is hereby approved. QUE, IOWA: Section 2. That the Mayor is hereby autho- Section 1. That the attached Development rized and directed to execute the Development Agreement by and between the City of Dubuque Agreement on behalf of the City and City Clerk and Kunkel, Bounds & Associates, Inc. for the is authorized and directed to attest to his signa-sale of the Property is hereby approved. ture. Section 2. That the Mayor is hereby autho- Section 3. That the Mayor and City Clerk are rized and directed to execute the Development hereby authorized and directed to execute and Agreement on behalf of the City and City Clerk Regular Session, June 19, 2006 239 is authorized and directed to attest to his signa- Section 2. That the Mayor is hereby autho- ture. rized and directed to execute the Development Section 3. That the Mayor and City Clerk are Agreement on behalf of the City and City Clerk hereby authorized and directed to execute and is authorized and directed to attest to his signa- deliver a Special Warranty Deed for the Property ture. as provided in the Development Agreement. Section 3. That the Mayor and City Clerk are Section 4. That the City Manager is authorized hereby authorized and directed to execute and to take such actions as are necessary to comply deliver a Special Warranty Deed for the Property with the terms of the Development Agreement as provided in the Development Agreement. as herein approved. Section 4. That the City Manager is authorized Passed, approved and adopted this 19th day to take such actions as are necessary to comply of June, 2006. with the terms of the Development Agreement Roy D. Buol, Mayor as herein approved. Attest: Jeanne F. Schneider, City Clerk Passed, approved and adopted this 19th day Cline moved adoption of the Resolution. of June, 2006. Seconded by Lynch. Motion carried 7-0. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Dubuque Screw Products, Inc. – Development Connors moved adoption of the Resolution. Agreement: Proof of publication on notice of Seconded by Cline. Motion carried 7-0. hearing to consider execution of a Development Agreement with Dubuque Screw Products, Inc., McGraw-Hill Companies, Inc. – Development including a 3.838 acre land sale in Dubuque Agreement: Proof of publication on notice of Industrial Center West for construction of a hearing to consider execution of a Development 30,000 square foot industrial facility and City Agreement with McGraw-Hill Companies, Inc., Manager recommending approval, presented including the disposition of approximately 1.99 and read. Connors moved that the proof and acres for construction of a 135,000 square foot communication be received and filed. Seconded office complex in the Port of Dubuque and City by Cline. Motion carried 7-0. Manager recommending approval, presented Michael Scherr of Dubuque Screw Products and read. Cline moved that the proof and and Bill Baum of GDDC spoke in support of the communication be received and filed. Seconded Development Agreement. by Jones. Motion carried 7-0. Bill Baum, Greater Dubuque Development RESOLUTION NO. 258-06 Corporation, spoke in appreciation of the City APPROVING A DEVELOPMENT AGREEMENT support of this project. PROVIDING FOR THE SALE OF LOT 1 OF 5 DUBUQUE INDUSTRIAL CENTER WEST 5TH RESOLUTION NO. 259-06 ADDITION TO DUBUQUE SCREW PROD-RESOLUTION APPROVING A DEVELOP- UCTS, INC.MENT AGREEMENT PROVIDING FOR THE SALE OF LOT 1 OF LOT 1 OF RIVERWALK Whereas, the City Council, by Resolution No. 6TH ADDITION IN THE CITY OF DUBUQUE, 216-06, dated June 5, 2006, declared its intent IOWA TO THE MCGRAW-HILL COMPANIES, to enter into a Development Agreement with INC. Dubuque Screw Products, Inc. for the sale of Lot 1 of 5 Dubuque Industrial Center West 5th Whereas, the City Council, by Resolution No. Addition (the Property); and 217-06, dated June 5, 2006, declared its intent Whereas, pursuant to published notice, a to enter into a Development Agreement with The public hearing was held on the proposed dispo-McGraw-Hill Companies, Inc. for the sale of Lot sition on June 19, 2006 at 6:30 p.m. at the 1 of Lot 1 of Riverwalk 6th Addition in the City of Carnegie-Stout Public Library Auditorium, 360 Dubuque, Iowa(the Property); and W. 11th Street, Dubuque, Iowa; and Whereas, pursuant to published notice, a Whereas, it is the determination of the City public hearing was held on the proposed dispo- Council that approval of the Development sition on June 19, 2006 at 6:30 p.m. at the Agreement for the sale to and development of Carnegie-Stout Public Library Auditorium, 360 the Property by Dubuque Screw Products, Inc. W. 11th Street, Dubuque, Iowa.; and according to the terms and conditions set out in Whereas, it is the determination of this Council the Development Agreement is in the public that approval of the Development Agreement for interest of the City of Dubuque. the sale to and development of the Property by NOW, THEREFORE, BE IT RESOLVED BY The McGraw-Hill Companies, Inc. according to THE CITY COUNCIL OF THE CITY OF DUBU-the terms and conditions set out in the Devel- QUE, IOWA: opment Agreement is in the public interest of the Section 1. That the attached Development City of Dubuque. Agreement by and between the City of Dubuque NOW, THEREFORE, BE IT RESOLVED BY and Dubuque Screw Products, Inc. for the sale THE CITY COUNCIL OF THE CITY OF DUBU- of the property is hereby approved. QUE, IOWA: 240 Regular Session, June 19, 2006 Section 1. That the attached Development Whereas, the City of Dubuque and the IDOT Agreement by and between the City of Dubuque desire to minimize potential development con- and The McGraw-Hill Companies, Inc. for the flicts during this study by extending the devel- sale of the Property is hereby approved. opment moratorium for the Southwest Arterial Section 2. That the Mayor is hereby autho-Corridor. rized and directed to execute the Development NOW THEREFORE, BE IT ORDAINED BY Agreement on behalf of the City and City Clerk THE CITY COUNCIL OF DUBUQUE, IOWA: is authorized and directed to attest to his signa- Section 1. Appendix A (Zoning Ordinance) of ture. the City of Dubuque Code of Ordinances is Section 3. That the Mayor and City Clerk are hereby amended by amending Section 4-4.2 as hereby authorized and directed to execute and follows: Section 4-4.2. Application and Scope. deliver a Special Warranty Deed for the Property Moratorium for Site Plans in the Iowa 32 as provided in the Development Agreement. (A) (Southwest Arterial) Corridor Section 4. That the City Manager is authorized to take such actions as are necessary to comply The City Planner shall not issue conditional or with the terms of the Development Agreement final approval for any site plan filed for property as herein approved. in the Iowa 32 (Southwest Arterial) Corridor that Passed, approved and adopted this 19th day lies within the corporate limits of the City of of June, 2006. Dubuque, as delineated on the attached draw- Roy D. Buol, Mayor ings, from the effective date of this Section to Attest: Jeanne F. Schneider, City Clerk July 1, 2007, except where a vested right to the Cline moved adoption of the Resolution. issuance of such approval accrued to any Seconded by Jones. Motion carried 7-0. person, firm or corporation as a matter of law prior to the effective date of this Section. City of Dubuque – Request for Text Amend- Section 2. Appendix A (Zoning Ordinance) of ment: Proof of publication on notice of hearing to the City of Dubuque Code of Ordinances is consider a request from the City of Dubuque to hereby amended by amending Section 6-1.5.5 amend Sections 6-1.5.5 and 4.4.2 of the Zoning as follows: Section 6-1.5.5 Moratorium for rezonings in Ordinance and Section 41-16 of the Subdivision the Southwest Arterial Corridor. Regulations to extend the duration of the devel- opment moratorium for the Iowa 32 (Southwest In addition to the requirements of subsection Arterial) corridor and Zoning Advisory Commis-6-1.5 of this Section, the City Council shall not sion recommending approval, presented and give final approval to any zoning reclassification read. Connors moved that the proof of publica-(rezoning) request for property in the Iowa 32 tion and communication be received and filed. (Southwest Arterial) Corridor that lies within the Seconded by Jones. Motion carried 7-0. corporate limits of the City of Dubuque, as delineated on the attached drawings, from the An Ordinance Amending Appendix A (the effective date of this Section July 1, 2007, Zoning Ordinance) of the City of Dubuque Code except where a vested right to the issuance of of Ordinances by amendment Section 4.4.2 such approval accrued to any person, firm or regarding site plans, and by amending Section corporation as a matter of law prior to the 6-1.5.5 regarding rezoning, to extend a morato-effective date of this Section. rium for site plan and rezoning applications in Section 3. This Ordinance shall take effect the Iowa 32 (Southwest Arterial) corridor and upon publication, as provided by law. th presented and read. Passed, approved and adopted this 19 day of June 2006. OFFICIAL PUBLICATION Roy D. Buol, Mayor ORDINANCE NO. 46-06 Attest: Jeanne F. Schneider, City Clerk AN ORDINANCE AMENDING APPENDIX A Published officially in the Telegraph Herald th (THE ZONING ORDINANCE) OF THE CITY OF newspaper this 24 day of June, 2006. DUBUQUE CODE OF ORDINANCES BY Jeanne F. Schneider, City Clerk AMENDING SECTION 4-4.2 REGARDING 1t 6/24 SITE PLANS, AND BY AMENDING SECTION Connors moved that the requirement that a 6-1.5.5 REGARDING REZONINGS, TO EX- proposed Ordinance be considered and voted TEND A MORATORIUM FOR SITE PLAN AND on for passage at two Council Meetings prior to REZONING APPLICATIONS IN THE IOWA 32 the meeting at which it is to be finally passed be (SOUTHWEST ARTERIAL) CORRIDOR. suspended. Seconded by Jones. Motion carried Whereas, the Iowa Department of Transporta-7-0. Connors moved final consideration and tion (IDOT) and the City of Dubuque are en-passage of the Ordinance. Seconded by gaged in a study of the Iowa 32 (Southwest Michalski. Motion carried 7-0. Arterial) Corridor, which will include the right-of- way acquisition for the preferred alignment; and Regular Session, June 19, 2006 241 An Ordinance Amending Chapter 42 (Subdivi- Petition to Vacate a Portion of Barry Street: sion Regulations) of the City of Dubuque Code Proof of publication on notice of hearing to of Ordinances by amending Section 42-16, to consider a request from David O. Neyens and extend a moratorium for subdivision plats in the John J. and Frances M. McDonough to vacate a Iowa 32 (Southwest Arterial) corridor, presented portion of Barry Street from Roosevelt Street and read. northeasterly to a public alley in the City of Dubuque and City Manager recommending OFFICIAL PUBLICATION approval, presented and read. Connors moved ORDINANCE NO. 47-06 that the proof of publication and communication AN ORDINANCE AMENDING CHAPTER 42 be received and filed. Seconded by Jones. (SUBDIVISION REGULATIONS) OF THE CITY Motion carried 7-0. OF DUBUQUE CODE OF ORDINANCES BY AMENDING SECTION 42-16, TO EXTEND A RESOLUTION NO. 260-06 MORATORIUM FOR SUBDIVISION PLATS IN RESOLUTION DISPOSING OF CITY INTER- THE IOWA 32 (SOUTHWEST ARTERIAL) EST IN THE NORTHWESTERLY ONE-HALF CORRIDOR.OF BARRY STREET AND THE SOUTHEAS- TERLY ONE-HALF OF BARRY STREET IN Whereas, the Iowa Department of Transporta- BARRY SUBDIVISION NO. 2 IN THE CITY OF tion (IDOT) and the City of Dubuque are en- DUBUQUE, DUBUQUE COUNTY, IOWA gaged in a study of the Iowa 32 (Southwest Arterial) Corridor, which will include the right-of- Whereas, pursuant to resolution and published way acquisition for the preferred alignment; and notice of time and place of hearing, published in Whereas, the City of Dubuque and the IDOT the Telegraph Herald, a newspaper of general desire to minimize potential development con-circulation published in the City of Dubuque, th flicts during this study by extending the devel-Iowa on the 9 day of June, 2006, the City opment moratorium for the Southwest Arterial Council of the City of Dubuque, Iowa met on the th Corridor. 19 day of June, 2006, at 6:30 p.m. in the Public NOW THEREFORE, BE IT ORDAINED BY Library Auditorium, 360 West 11 Street, Dubu- THE CITY COUNCIL OF DUBUQUE, IOWA: que, Dubuque County, Iowa to consider the Section 1. Chapter 42 (Subdivision Regula-proposal for the sale of real estate described as: tions) of the City of Dubuque Code of Ordin-The Northwesterly One-Half of Barry Street and ances is hereby amended by amending Section the Southeasterly One-Half of Barry Street all in 42-16 as follows: Barry Subdivision No. 2 in the City of Dubuque, Section 42-16. Moratorium for Subdivisions in Dubuque County, Iowa the Iowa 32 (Southwest Arterial) Corridor: Whereas, the City Council of the City of No plat for any subdivision or resubdivision of Dubuque, Iowa overruled any and all objections, property in the Iowa 32 (Southwest Arterial) oral or written to the proposal to dispose of the Corridor, as delineated on the attached draw-interest of the City of Dubuque, Iowa, except for ings, shall be approved by the City Council, easements shown on said Plat of Survey of Zoning Advisory Commission or City Planner Barry Subdivision No. 2, in the hereinabove from the effective date of this Section to July 1, described real estate. 2007, except where a vested right to the is- NOW, THEREFORE, BE IT RESOLVED BY suance of such approval accrued to any person, THE CITY COUNCIL OF THE CITY OF DUBU- firm or corporation as a matter of law prior to the QUE, IOWA: effective date of this Section. Section 1. That the disposal of the interest of Section 2. This Ordinance shall take effect the City of Dubuque, Dubuque County, Iowa, in upon publication, as provided by law. the real property described as the Northwesterly th Passed, approved and adopted this 19 day of One-Half of Barry Street in Barry Subdivision June 2006. No. 2 in the City of Dubuque, Dubuque County, Roy D. Buol, Mayor Iowa to the John J. and Frances M. McDonough Attest: Jeanne F. Schneider, City Clerkbe and the same is hereby approved for the sum Published officially in the Telegraph Herald of $400.00. Conveyance shall be by Quit Claim th newspaper this 24 day of June, 2006. Deed. Jeanne F. Schneider, City Clerk Section 2. That the disposal of the interest of 1t 6/24 the City of Dubuque, Dubuque County, Iowa, in Connors moved that the requirement that a the real property described as the Southeasterly proposed Ordinance be considered and voted One-Half of Barry Street in Barry Subdivision on for passage at two Council Meetings prior to No. 2 in the City of Dubuque, Dubuque County, the meeting at which it is to be finally passed be Iowa to the David O. Neyens be and the same is suspended. Seconded by Jones. Connors hereby approved for the sum of $400.00. Con- moved final consideration and passage of the veyance shall be by Quit Claim Deed. Ordinance. Seconded by Michalski. Motion Section 3. That the Mayor be authorized and carried 7-0. directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and 242 Regular Session, June 19, 2006 directed to deliver said deed of conveyance to Safe Technology in the amount of $82,173 was the above named grantees upon receipt of the the lowest bid for the furnishings of all labor and approved sum in full. materials and performing the work as provided Section 4. That the City Clerk be and is hereby for in the plans and specifications. authorized and directed to record a certified NOW THEREFORE, BE IT RESOLVED BY copy of this resolution in the offices of the City THE CITY COUNCIL OF THE CITY OF DUBU- Assessor, Dubuque County Recorder and QUE, IOWA: Dubuque County Auditor. That the contract for the above improvement th Passed, approved and adopted this 19 day of be awarded to Hy-Safe Technology, and the June, 2006. Manager be and is hereby directed to execute a Roy D. Buol, Mayor contract on behalf of the City of Dubuque for the Attest: Jeanne F. Schneider, CMC, City Clerk complete performance of the work. Connors moved adoption of the Resolution. BE IT FURTHER RESOLVED: Seconded by Jones. Motion carried 7-0. That upon the signing of said contract and the approval of the contractor's bond, the City Five Flags Arena Fall Protection Project: Proof Treasurer is authorized and instructed to return of publication on notice of hearing to consider the bid deposits of the unsuccessful bidders. th adoption of the plans and specifications for the Passed, approved and adopted this 19 day of Five Flags Arena Fall Protection Project and City June, 2006. Manager recommending award of the contract to Roy D. Buol, Mayor Hy-Safe Technology in the amount of $82,173, Attest: Jeanne F. Schneider, City Clerk presented and read. Cline moved that the proof Cline moved adoption of the Resolution. and communication be received and filed. Seconded by Connors. Motion carried 7-0. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 263-06 RESOLUTION NO. 261-06 APPROVING CONSTRUCTION CONTRACT RESOLUTION ADOPTING PLANS AND WITH HY-SAFE TECHNOLOGY FOR THE SPECIFICATIONSFIVE FLAGS ARENA FALL PROTECTION PROJECT WHEREAS, on the 15th day of May, 2006, plans, specifications, form of contract and Whereas, the City Council by Resolution No. estimated cost were filed with the City Clerk of 261-06 awarded the construction contract for the Dubuque, Iowa for the Five Flags Arena Fall Five Flags Arena Fall Protection Project to Hy- Protection Project. Safe Technology; and WHEREAS, notice of hearing on plans, Whereas Hy-Safe Technology has submitted specifications, form of contract, and estimated the attached executed contract and bond. cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- THE CITY COUNCIL OF THE CITY OF DUBU-QUE, IOWA: QUE, IOWA: 1. The contract and bond attached hereto are That the said plans, specifications, form of hereby approved. contract and estimated cost are hereby ap- 2. The City Manager is hereby authorized and proved as the plans, specifications, form of directed to execute the contract on behalf of the contract and estimated cost for said improve-City of Dubuque. th ments for said project. Passed, approved and adopted this 19 day of Passed, approved and adopted this 19th day June, 2006. of June, 2006. Roy D. Buol, Mayor Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Seconded by Connors. Motion carried 7-0. Michalski moved that the rules be reinstated RESOLUTION NO. 262-06 limiting discussion to the Council. Seconded by AWARDING CONTRACT Cline. Motion carried 7-0. WHEREAS, sealed proposals have been ACTION ITEMS submitted by contractors for the Five Flags Arena Fall Protection Project pursuant to Reso- lution No. 204-06, and notice to bidders pub- Airport Commission Report: Airport Commis- lished in a newspaper published in the City of sion Chairperson Teri Goodmann to provide the Dubuque, Iowa, on the 19th day of May, 2006. Airport quarterly report. Teri Goodman gave a WHEREAS, said sealed proposals were comprehensive report of Airport activities and opened and read on the 8th day of June, 2006, thanked Interim Airport Manager Todd Dalsing and it has been determined that the bid of Hy-and staff for their support, presented and read. Regular Session, June 19, 2006 243 th Michalski moved that the report be received and the 5 P.M., according to the United States filed. Seconded by Jones. Motion carried 7-0. Government survey and the recorded plats thereof; Lot 2 of Henschel-McNamer Place, Plat NCR Developers, Inc. / Martin McNamer – #2, in the City of Dubuque, and Dubuque Request to Rezone (First reading on June 5, County, Iowa, according to the recorded plat 2006): Marty McNamer, 1036 Bonnie Court, thereof, except that portion which is part of the spoke stressing the need for R-3 Zoning for the City of Dubuque. flexibility it would provide. Section 2. The foregoing amendment has Council Member Michalski stated she was heretofore been reviewed by the Zoning Advi- opposed to any development that provided a sory Commission of the City of Dubuque, Iowa. single access with a gated emergency access. Section 3. This ordinance shall take effect immediately upon publication, as provided by An Ordinance Amending Appendix A (the law, and at such time that the herein described Zoning Ordinance) of the City of Dubuque Code property is legally annexed into the City of of Ordinances by reclassifying hereinafter Dubuque, Iowa. th described property located south of North Passed, approved and adopted this 19 day of Cascade Road from Dubuque County A-1 June, 2006. Agricultural and R-2 Single-Family Residential Roy D. Buol, Mayor District to City of Dubuque R-3 Moderate Densi-Attest: Jeanne F. Schneider, City Clerk ty Multi-Family Residential District concurrent Published officially in the Telegraph Herald th with annexation, said Ordinance having been newspaper this 24 day of June, 2006. presented and read on June 5, 2006, now Jeanne F. Schneider, City Clerk presented for further action. 1t 6/24 Jones moved that the requirement that a OFFICIAL PUBLICATION proposed Ordinance be considered and voted ORDINANCE NO. 48-06 on for passage at two Council Meetings prior to AMENDING APPENDIX A (THE ZONING the meeting at which it is to be finally passed be ORDINANCE) OF THE CITY OF DUBUQUE suspended and further moved approval of the R- CODE OF ORDINANCES BY RECLASSIFY- 3 designation. Seconded by Connors. Motion ING HEREINAFTER DESCRIBED PROPERTY carried 6-0 with Lynch abstaining. Jones moved LOCATED SOUTH OF NORTH CASCADE final consideration and passage of the Ordin- ROAD FROM DUBUQUE COUNTY A-1 AGRI- ance. Seconded by Connors. Motion carried 6-0 CULTURAL AND R-2 SINGLE-FAMILY RESI- with Lynch abstaining. DENTIAL DISTRICT TO CITY OF DUBUQUE R-3 MODERATE DENSITY MULTI-FAMILY Gary and Mary Beth Valentine – Request to RESIDENTIAL DISTRICT CONCURRENT Rezone (First Reading on June 5, 2006): WITH ANNEXATION An Ordinance Amending Appendix A (the Whereas, NCR Developers, Inc., property Zoning Ordinance) of the City of Dubuque Code owner, have requested rezoning concurrent with of Ordinances by reclassifying hereinafter annexation to the City of Dubuque in accor-described property located at the southeast dance with Section 2-3 of Appendix A (Zoning corner of North Cascade Road and Edval Lane Ordinance) of the City of Dubuque Code of from Dubuque County A1 Agricultural and R2 Ordinances; and Single-Family Residential District to City of Whereas, this request has been found to be Dubuque Moderate Density Multi-Family Resi- consistent with the Comprehensive Plan and the dential District concurrent with annexation, said Future Land Use Map of the Comprehensive Ordinance having been presented and read on Plan. June 5, 2006, now presented for further action. NOW, THEREFORE, BE IT ORDAINED BY OFFICIAL PUBLICATION THE CITY COUNCIL OF THE CITY OF DUBU- ORDINANCE NO. 49-06 QUE, IOWA: AMENDING APPENDIX A (THE ZONING Section 1. That Appendix A (the Zoning ORDINANCE) OF THE CITY OF DUBUQUE Ordinance) of the City of Dubuque Code of CODE OF ORDINANCES BY RECLASSIFY- Ordinances is hereby amended by reclassifying ING HEREINAFTER DESCRIBED PROPERTY the hereinafter-described property from Dubu- LOCATED AT THE SOUTHEAST CORNER OF que County A-1 Agricultural and R-2 Single- NORTH CASCADE ROAD AND EDVAL LANE Family Residential District to City of Dubuque R- FROM DUBUQUE COUNTY A-1 AGRICUL- 3 Moderate Density Multi-Family Residential TURAL AND R-2 SINGLE-FAMILY RESIDEN- District; to wit: TIAL DISTRICT TO CITY OF DUBUQUE R-3 Lot 4 of the NE ¼ of Section 3, Township 88 th MODERATE DENSITY MULTI-FAMILY RESI- North, Range 2 East of the 5 P.M., according to DENTIAL DISTRICT CONCURRENT WITH the United States Government Survey and the ANNEXATION recorded plats thereof; Lot 6 of the NE ¼ of Section 3, Township 88 North, Range 2 East of 244 Regular Session, June 19, 2006 th Whereas, Gary and Mary Beth Valentine, Passed, approved and adopted this 19 day of property owners, have requested rezoning June 2006. concurrent with annexation to the City of Dubu-Roy D. Buol, Mayor que in accordance with Section 2-3 of Appendix Attest: Jeanne F. Schneider, City Clerk A (Zoning Ordinance) of the City of Dubuque Published officially in the Telegraph Herald th Code of Ordinances; and newspaper this 24 day of June, 2006. Whereas, this request has been found to be Jeanne F. Schneider, City Clerk consistent with the Comprehensive Plan and the 1t 6/24 Future Land Use Map of the Comprehensive Connors moved that the requirement that a Plan. proposed Ordinance be considered and voted NOW, THEREFORE, BE IT ORDAINED BY on for passage at two Council Meetings prior to THE CITY COUNCIL OF THE CITY OF DUBU-the meeting at which it is to be finally passed be QUE, IOWA: suspended and further moved approval of the R- Section 1. That Appendix A (the Zoning 3 designation. Seconded by Jones. Motion Ordinance) of the City of Dubuque Code of carried 6-0 with Lynch abstaining. Michalski Ordinances is hereby amended by reclassifying moved final consideration and passage of the the hereinafter-described property from Dubu-Ordinance. Seconded by Braig. Motion carried que County A-1 Agricultural and R-2 Single-6-0 with Lynch abstaining. Family Residential District to City of Dubuque R- 3 Moderate Density Multi-Family Residential Thomas and Sheri Henschel – Request to District; to wit: Rezone (First Reading on June 5, 2006): Lot 2 and that portion of Lot 1 of Valentine An Ordinance Amending Appendix A (the Place No. 3, located in the NW 1/4 , Section 3, Zoning Ordinance) of the City of Dubuque Code th T88N, R2E (Table Mound TWP) of the 5 P.M., of Ordinances by reclassifying hereinafter Dubuque County, Iowa that is proposed to be described property located west of Miller Road annexed to the City of Dubuque, Iowa. from Dubuque County R2 Single-Family Resi- The perimeter of the annexation area within dential District and City of Dubuque AG Agricul- Lot 1 is more particularly described as follows: tural District to City of Dubuque R-2 Two-Family Portion of Lot 1 of Valentine Place No. 3: Com-Residential District, concurrent with annexation, mencing at the North ¼ corner of Section 3, said Ordinance having been presented and read T88N, R2E; thence South 0 degrees 39’-02” on June 5, 2006, now presented for further West, a distance of 792.95 feet; thence South 0 action. degrees 47’-35” West, a distance of 676.54 feet OFFICIAL PUBLICATION to the point of beginning; thence South 0 de- ORDINANCE NO. 50-06 grees 47’-35” West a distance of 1,821.93 feet; AMENDING APPENDIX A (THE ZONING thence North 89 degrees 20’-03” West, a dis- ORDINANCE) OF THE CITY OF DUBUQUE tance of 419.02 feet; thence North 5 degrees CODE OF ORDINANCES BY RECLASSIFY- 32’-27” West, a distance of 1,330.99 feet; thence ING HEREINAFTER DESCRIBED PROPERTY Northwesterly a distance of 653.36 feet along LOCATED WEST OF MILLER ROAD FROM the arc of a 1,333.50 foot radius curve to the left, DUBUQUE COUNTY R-2 SINGLE-FAMILY of which the Chord distance is 646.84 feet and RESIDENTIAL DISTRICT AND CITY OF ° Chord bearing is N 1934’37” West; thence DUBUQUE AG AGRICULTURAL DISTRICT North 33 degrees 36’-48” West, a distance of TO CITY OF DUBUQUE R-2 TWO-FAMILY 925.24 feet; thence North 0 Degrees 07’-31” RESIDENTIAL DISTRICT, CONCURRENT East, a distance of 117.17 feet; thence North 33 WITH ANNEXATION. degrees 32’42” East, a distance of 554.26 feet; Whereas, Thomas and Sheri Henschel, thence North 89 degrees 51’-53” East, a dis- property owners, have requested rezoning tance of 358.39 feet; thence South 37 degrees concurrent with annexation to the City of Dubu- 43’-44” East, a distance of 731.13 feet; thence que in accordance with Section 2-3 of Appendix South 0 degrees 45’-36” West, a distance of A (Zoning Ordinance) of the City of Dubuque 738.25 feet; thence South 52 degrees 45’-26” Code of Ordinances; and East a distance of 250.15 feet to the point of Whereas, this request has been found to be Beginning,and to the centerline of the adjoining consistent with the Comprehensive Plan and the public right-of-way, all in the City of Dubuque. Future Land Use Map of the Comprehensive Section 2. The foregoing amendment has Plan. heretofore been reviewed by the Zoning Advi- NOW, THEREFORE, BE IT ORDAINED BY sory Commission of the City of Dubuque, Iowa. THE CITY COUNCIL OF THE CITY OF DUBU- Section 3. This ordinance shall take effect QUE, IOWA: immediately upon publication, as provided by Section 1. That Appendix A (the Zoning law, and at such time that the herein described Ordinance) of the City of Dubuque Code of property is legally annexed into the City of Ordinances is hereby amended by reclassifying Dubuque, Iowa. Regular Session, June 19, 2006 245 the hereinafter-described property from Dubu- WHEREAS, American Trust & Savings Bank, que County R 2 Single-Family Residential Trustee of the Mildred L. Henschel Trust District and City of Dubuque AG District to R-2 Agreement Dated August 22, 2005, is Contract Two-Family Residential District, to wit: That Seller of an undivided one-half interest in Lot 4 portion of Lot 1 Henschel-McNamer Place, Plat and Lot 6 of the NE ¼ of Section 3, T88N, R2E th #2, lying west of the easterly line of the N ¼ of of the 5 P.M. in Dubuque County, Iowa; and th Section 2, T89N, R2E of the 5 P.M., and to the Whereas, the annexation territory is not centerline of the adjoining public right-of-way, all subject to an existing annexation moratorium; in the City of Dubuque. and Section 2. The foregoing amendment has Whereas, the annexation territory does not heretofore been reviewed by the Zoning Advi-include any state or railroad property; and sory Commission of the City of Dubuque, Iowa. Whereas, the annexation territory does include Section 3. This ordinance shall take effect County road right-of-way; and Code of Iowa immediately upon publication, as provided by Whereas, Chapter 368 of the law, and at such time that the herein described authorizes the extension of City limits in situa- property is legally annexed into the City of tions of this character by adoption of a resolution Dubuque, Iowa. and notification as required by State regulations; th Passed, approved and adopted this 19 day of and June2006. Whereas, this request has been found to be Roy D. Buol, Mayor consistent with the Comprehensive Plan and the Attest: Jeanne F. Schneider, City Clerk Proposed Land Use Map of the Comprehensive Published officially in the Telegraph Herald Plan; and th newspaper this 24 day of June, 2006. Whereas, the future growth and development Jeanne F. Schneider, City Clerk of the City of Dubuque, Iowa makes it desirable 1t 6/24that said territory be made part of the City of Jones moved that the requirement that a pro-Dubuque, Iowa. posed Ordinance be considered and voted on NOW THEREFORE, BE IT RESOLVED BY for passage at two Council Meetings prior to the THE CITY COUNCIL OF THE CITY OF DUBU- meeting at which it is to be finally passed be QUE, IOWA: suspended. Seconded by Braig. Motion carried Section 1. That the corporate limits of Dubu- 6-0 with Lynch abstaining. Jones moved final que, Iowa be and they are hereby extended to consideration and passage of the Ordinance. include the territory as legally described above Seconded by Braig. Motion carried 6-0 with and as shown in Exhibit A. Lynch abstaining. Section 2. The territory hereby annexed shall stst Connors moved that the following item be become part of the 1 Precinct of the 1 Ward of removed from the table. Seconded by Michalski. the City of Dubuque, Iowa. Motion carried 6-0 with Lynch abstaining. Section 3. The City shall provide for the NCR Developers, Inc. / Martin McNamer – transition for the imposition of City taxes against Request for Voluntary Annexation (Tabled on property owner’s property, as provided by Code of Iowa June 5, 2006): Chapter 368 of the . That property owner’s property shall be entitled to the following RESOLUTION NO. 264-06 partial exemption from taxation for City taxes for APPROVING APPLICATION FOR VOLUNTA- a period of five years: RY ANNEXATION OF TERRITORY OWNED a. For the first year, seventy-five percent BY NORTH CASCADE ROAD DEVELOPERS, (75%). L.L.C. AND AMERICAN TRUST & SAVINGS b. For the second year, sixty percent (60%). BANK, AS TRUSTEE c. For the third year, forty-five percent (45%). Whereas, North Cascade Road Developers, d. For the fourth year, thirty percent (30%). L.L.C. and American Trust & Savings Bank, as e. For the fifth year, fifteen percent (15%). Trustee, as property owners have submitted a The five-year period shall begin when the written application for voluntary annexation of Property is placed on City tax rolls by Dubuque approximately 181.59 acres of territory lying County. Lots sold after that date shall receive outside the corporate limits of the City of Dubu-the partial exemption percentage only for the que, Iowa, as shown in Exhibit A and legally remaining years of the five-year period. described as: Lot 4 of the NE ¼ of Section 3, Section 4. That the City Clerk shall file this th T88N, R2E of the 5 P.M. in Dubuque County, resolution, all exhibits and the petition for volun- Iowa; Lot 6 of the NE ¼ of Section 3, T88N, R2E tary annexation with the State of Iowa in accor- th of the 5 P.M. in Dubuque County, Iowa; and dance with State Regulations. th That portion of Lot 2 of Henschel-McNamer Passed, approved and adopted this 19 day of Place, Plat #2 lying outside the City of Dubuque June 2006. th in Section 3, T88N, R2E of the 5 P.M. in Roy D. Buol, Mayor Dubuque County, Iowa; and Attest: Jeanne F. Schneider, City Clerk 246 Regular Session, June 19, 2006 Michalski moved adoption of the Resolution. degrees 32’-42” East along the Southeast line of Seconded by Connors. Motion carried 6-0 with said Lot 2, a distance of 554.26 feet to the South th Lynch abstaining. line of Section 34, T89N, R2E of the 5 P.M.; Thence North 89 degrees 51’-53” East along the Michalski moved that the following item be South line of said Section 34, a distance of removed from the table. Seconded by Connors. 358.39 feet; Thence South 37 degrees 43’-44” Motion carried 7-0. East, a distance of 731.13 feet; Thence South 0 Gary and Mary Beth Valentine – Request for degrees 45’-36” West, a distance of 738.25 feet; Voluntary Annexation (Tabled on June 5, 2006): Thence South 52 degrees 45’-26” East, a distance of 250.15 feet to the Point of Beginning; RESOLUTION NO. 265-06 and APPROVING APPLICATION FOR VOLUNTA- Whereas, the annexation territory is not RY ANNEXATION OF TERRITORY OWNED subject to an existing annexation moratorium; BY GARY L. AND MARY BETH VALENTINE and Whereas, Gary L. and Mary Beth Valentine, as Whereas, the annexation territory does not property owners have submitted a written include any state or railroad property; and application for voluntary annexation of approx- Whereas, the annexation territory does include imately 39.03 acres of territory lying outside the County road right-of-way; and Code of Iowa corporate limits of the City of Dubuque, Iowa, as Whereas, Chapter 368 of the shown in Exhibit A and legally described as: Lot authorizes the extension of City limits in situa- 2 of Valentine Place No. 3 containing 9.457 tions of this character by adoption of a resolution acres and a Portion of Lot 1 of Valentine Place and notification as required by State regulations; No. 3 defined as Parcel A containing 49.165 and acres, located in the NW ¼, Section 3, T88N, Whereas, this request has been found to be th R2E of the 5 P.M., Dubuque County, Iowa. consistent with the Comprehensive Plan and the The perimeter of the annexation area (Parcel Proposed Land Use Map of the Comprehensive A) within Lot 1 is more particularly described as Plan; and follows: Whereas, the future growth and development Commencing at the North ¼ corner of Section of the City of Dubuque, Iowa makes it desirable th 3, T88N, R2E of the 5 P.M., Dubuque County, that said territory be made part of the City of Iowa (also being the Northwest corner of Lot 2-2 Dubuque, Iowa. Ohmert Farms); Thence South 0 degrees 39’- NOW THEREFORE, BE IT RESOLVED BY 02” West along the West line of said Lot 2-2, a THE CITY COUNCIL OF THE CITY OF DUBU- distance of 792.95 feet to the Northwest corner QUE, IOWA: of Lot 6 of the Northeast Fractional ¼ of said Section 1. That the corporate limits of Dubu- Section 3; Thence South 0 degrees 47’-35” que, Iowa be and they are hereby extended to West along the west line of said Lot 6, a dis-include the territory as legally described above tance of 676.54 feet to the Point of Beginning; and as shown in Exhibit A. Thence South 0 degrees 47’-35” West along the Section 2. The territory hereby annexed shall stst West line of said Lot 6, a distance of 1,821.93 become part of the 1 Precinct of the 1 Ward of feet to a point125 feet North of the Center of the City of Dubuque, Iowa. Section 3; Thence North 89 degrees 20’-03” Section 3. The City shall provide for the West along the East-West ¼ Section line, a transition for the imposition of City taxes against distance of 419.02 feet to a point 125 feet property owner’s property, as provided by Code of Iowa Easterly of the Easterly Right Of Way (ROW) Chapter 368 of the . That property line of Edval Lane; Thence North 5 degrees 32’-owner’s property shall be entitled to the following 27” West along a line parallel to and 125 feet partial exemption from taxation for City taxes for Easterly of the Easterly ROW line of Edval Lane, a period of five years: a distance of 1,330.99 feet to the point of a. For the first year, seventy-five percent curvature; Thence Northwesterly continuing (75%). along said parallel line, a distance of 653.36 feet b. For the second year, sixty percent (60%). along the arc of a 1,333.50 foot radius curve to c. For the third year, forty-five percent (45%). the left, of which the Chord distance is 646.84 d. For the fourth year, thirty percent (30%). feet and Chord bearing is N 19°34’37” W to the e. For the fifth year, fifteen percent (15%). point of tangency; Thence North 33 degrees 36’-The five-year period shall begin when the 48” West continuing along said parallel line, a Property is placed on City tax rolls by Dubuque distance of 925.24 feet to the East line of Lot 2-1 County. Lots sold after that date shall receive of the W ½ of the NW ¼ of said Section 3; the partial exemption percentage only for the Thence North 0 Degrees 07’-31” East along the remaining years of the five-year period. East line of said Lot 2-1, a distance of 117.17 Section 4. That the City Clerk shall file this feet to the South corner of Lot 2 of the E ½ of resolution, all exhibits and the petition for volun- the NW ¼ of said Section 3; Thence North 33 Regular Session, June 19, 2006 247 tary annexation with the State of Iowa in accor- Section 1. That the corporate limits of Dubu- dance with State Regulations. que, Iowa be and they are hereby extended to th Passed, approved and adopted this 19 day of include the territory as legally described above June 2006. and as shown in Exhibit C. Roy D. Buol, Mayor Section 2. The territory hereby annexed shall Attest: Jeanne F. Schneider, City Clerk become part of the 1st Precinct of the 1st Ward Connors moved adoption of the Resolution. of the City of Dubuque, Iowa. Seconded by Jones. Motion carried 6-0 with Section 3. The City shall provide for the Lynch abstaining. transition for the imposition of City taxes against property owner’s property, as provided by Michalski moved that the following item be Chapter 368 of the Code of Iowa. That property removed from the table. Seconded by Jones. owner’s property shall be entitled to the following Motion carried 6-0 with Lynch abstaining. partial exemption from taxation for City taxes for a period of five years: Thomas and Sheri Henschel – Request for a. For the first year, seventy-five percent Voluntary Annexation (Tabled on June 5, 2006). (75%). b. For the second year, sixty percent (60%). RESOLUTION NO. 266-06 c. For the third year, forty-five percent (45%). APPROVING APPLICATION FOR VOLUNTA- d. For the fourth year, thirty percent (30%). RY ANNEXATION OF TERRITORY OWNED e. For the fifth year, fifteen percent (15%). BY THOMAS L. AND SHERI A. HENSCHEL, The five-year period shall begin when the INDIVIDUALLY AND AS TRUSTEES Property is placed on City tax rolls by Dubuque Whereas, Thomas L. and Sheri A. Henschel, County. Lots sold after that date shall receive individually and as trustees, as property owners the partial exemption percentage only for the have submitted a written application for volunta-remaining years of the five-year period. ry annexation of approximately 39.03 acres of Section 4. That the City Clerk shall file this territory lying outside the corporate limits of the resolution, all exhibits and the petition for volun- City of Dubuque, Iowa, as shown in Exhibit C tary annexation with the State of Iowa in accor- and legally described as: That part of Lot 1 of dance with State Regulations. Megan-Nicole Valley Subdivision lying outside Passed, approved and adopted this 19th day the City of Dubuque in Section 3, T88N, R2E of of June, 2006. the 5th P.M. in Dubuque County, Iowa; That part Roy D. Buol, Mayor of Lot 1 in Henschel-McNamer Place, Plat #2, Attest: Jeanne F. Schneider, City Clerk lying outside the City of Dubuque in Section 3, Jones moved adoption of the Resolution. T88N, R2E of the 5th P.M. in Dubuque County, Seconded by Connors. Motion carried 6-0 with Iowa; and That part of Lot 2 in Henschel-Lynch abstaining. McNamer Place lying outside the City of Dubu- que in Section 3, T88N, R2E of the 5th P.M. in Police Department Towing Contract: City Dubuque County, Iowa; and Manager recommending approval of the Police Whereas, the annexation territory is not Department Towing Contract for 2006 through subject to an existing annexation moratorium; 2009, presented and read. Connors moved that and the communication be received and filed and Whereas, the annexation territory does not approved recommendation. Seconded by Jones. include any state or railroad property; and Motion carried 7-0. Whereas, the annexation territory does not include County road right-of-way; and Dubuque Drum and Bugle Corps: Communica- Whereas, Chapter 368 of the Code of Iowa tion from Greg Orwoll, Executive Director of the authorizes the extension of City limits in situa-Dubuque Drum and Bugle Corps, requesting tions of this character by adoption of a resolution that the residential parking restrictions around and notification as required by State regulations; Senior High School and any noise ordinances and be suspended on July 7 and August 5 to ac- Whereas, this request has been found to be commodate the Colts’ annual Music on the consistent with the Comprehensive Plan and the March, presented and read. Michalski moved Proposed Land Use Map of the Comprehensive that the communication be received and filed, Plan; and approved, and referred to the Special Event Whereas, the future growth and development process with the fee being waived. Seconded by of the City of Dubuque, Iowa makes it desirable Connors. Motion carried 7-0. that said territory be made part of the City of Dubuque, Iowa. Tri-State Development – Final Plat: Zoning NOW THEREFORE, BE IT RESOLVED BY Advisory Commission recommending approval THE CITY COUNCIL OF THE CITY OF DUBU-of the final plat of Seippel Road Commercial QUE, IOWA: Park, Plat #2, located on Old Highway Road as requested by Tri-State Development/Dave 248 Regular Session, June 19, 2006 OFFICIAL PUBLICATION Schneider, presented and read. Jones moved ORDINANCE NO. 51-06 that the communication be received and filed. AMENDING THE CITY OF DUBUQUE CODE Seconded by Lynch. Motion carried 7-0. OF ORDINANCES SECTION 44-219(a) ES- RESOLUTION NO. 267-06 TABLISHING THE QUORUM FOR MEETINGS APPROVING THE FINAL PLAT OF SEIPPEL OF THE CABLE TELEVISION COMMUNITY ROAD COMMERCIAL PARK, PLAT 2, IN THE TELE-PROGRAMMING COM-MISSION CITY OF DUBUQUE, IOWA. NOW, THEREFORE, BE IT ORDAINED BY Whereas, there has been filed with the City THE CITY COUNCIL OF THE CITY OF DUBU- Clerk a Final Plat of Seippel Road Commercial QUE, IOWA AS FOLLOWS: Park, Plat 2, in the City of Dubuque, Iowa; and Section 1. Section 44-219 (a) of the City of Whereas, said Final Plat has been reviewed Dubuque Code of Ordinances is amended to by the Zoning Advisory Commission and had read as follows: their approval endorsed thereon; and Section 44-219. Meetings; Procedures: Whereas, said Final Plat has been examined (a) The members shall meet as needed to by the City Council and they find that it conforms conduct the business of the Commission, but not to the statutes and ordinances relating thereto. less frequently than once each calendar quarter. NOW THEREFORE, BE IT RESOLVED BY A quorum of four (4) members shall be required THE CITY COUNCIL OF THE CITY OF DUBU-for members to conduct the business of the QUE, IOWA: Commission. All meetings and proceedings of Section 1. That the Final Plat of Seippel Road the Commission shall conform with applicable Commercial Park, Plat 2, is hereby approved open meeting requirements. and the Mayor and City Clerk are hereby autho- Section 2. This Ordinance shall take effect rized and directed to endorse the approval of the upon publication. City of Dubuque, Iowa upon said Final Plat. Passed, approved and adopted this 19th day Section 2. That prior to the issuance of a of June, 2006. building permit on any lot, a waste water treat-Roy D. Buol, Mayor ment system which meets all state and local Attest: Jeanne F. Schneider, City Clerk codes, must be designed by a professional Published officially in the Telegraph Herald th engineer and approved by the Engineering and newspaper this 24 day of June, 2006. Health Departments of the City of Dubuque. A Jeanne F. Schneider, City Clerk permit must be obtained for the private sewage 1t 6/24 system from the City of Dubuque Health De- Connors moved that the requirement that a partment prior to construction. All lots within this proposed Ordinance be considered and voted subdivision shall connect to the City sanitary on for passage at two Council Meetings prior to sewer system within five (5) years after the the meeting at which it is to be finally passed be connection to the interceptor sewer has been suspended. Seconded by Jones. Motion carried made or sooner if the private sewage system(s) 7-0. Connors moved final consideration and fails. Payment of interceptor fees shall be paid passage of the Ordinance. Seconded by Jones. by the owner of each lot prior to connection. Motion carried 7-0. Passed, approved and adopted this 19th day of June 2006. Vacant and Abandoned Buildings: City Man- Roy D. Buol, Mayor ager recommending adoption of an amendment Attest: Jeanne F. Schneider, City Clerk to the Code of Ordinances to require that all Jones moved adoption of the Resolution. vacant and abandoned buildings be licensed Seconded by Lynch. Motion carried 7-0. effective December 1, 2006, presented and read. Jones moved that the communication be Cable TV Teleprogramming Amendment: City received and filed. Seconded by Braig. Motion Manager recommending approval of an carried 7-0. amendment to Section 44-219(a) of the City of Dubuque Code of Ordinances to set the quorum An Ordinance Amending the City of Dubuque for the Community Teleprogramming Commis-Code of Ordinances Chapter 33, Offenses and sion to four members of the seven member Miscellaneous Provisions by adopting a new Commission, presented and read. Connors Article VII, Licensing of Vacant and Abandoned moved that the communication be received and Buildings, presented and read. filed. Seconded by Jones. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 52-06 An Ordinance Amending the City of Dubuque AMENDING THE CITY OF DUBUQUE CODE Code of Ordinances Section 44-219(a) Estab- OF ORDINANCES CHAPTER 33, OFFENSES lishing the Quorum for Meetings of the Cable AND MISCELLANEOUS PROVISIONS BY Television Community Teleprogramming Com- mission, presented and read. Regular Session, June 19, 2006 249 ADOPTING A NEW ARTICLE VII, LICENSING structural strength or stability thereof is material- OF VACANT AND ABANDONED BUILDINGS ly less than it was before such catastrophe and NOW, THEREFORE, BE IT ORDAINED BY is less than the minimum requirements of the THE CITY COUNCIL OF THE CITY OF DUBU-building code for new buildings of similar struc- QUE, IOWA: ture, purpose or location. Section 1. Chapter 33 of the City of Dubuque e. Whenever any portion or member or appur- Code of Ordinances is amended by adding the tenance thereof is likely to fail, or to become following new article: detached or dislodged, or to collapse and Article VII Licensing of Vacant and Abandoned thereby injure persons or damage property. Buildings f. Whenever any portion of a building, or any Sec. 33-108. Definitions: member, appurtenance or ornamentation on the For the purpose of this article, certain terms, exterior thereof is not of sufficient strength or phrases, words and their derivatives shall be stability, or is not so anchored, attached or construed as specified in either this article or as fastened in place so as to be capable of resist- specified in the building code or the housing ing a wind pressure of one half of that specified code. Where terms are not defined, they shall in the building code for new buildings of similar have their ordinary accepted meanings within structure, purpose or location without exceeding the context in which they are used. Unless the working stresses permitted in the building otherwise expressly stated or unless the context code for such buildings. clearly indicates a different intent, the following g. Whenever any portion thereof has wracked, terms shall, for the purpose of this article, have warped, buckled or settled to such an extent that the following meanings: walls or other structural portions have materially (1) Abandoned Building: Any building or less resistance to winds or earthquakes than is portion thereof which has stood with an incom-required in the case of similar new construction. plete exterior shell for six (6) months or longer or h. Whenever the building or structure, or any any building or portion thereof which is unoccu-portion thereof, is likely to partially or completely pied and which meets one or more of the follow-collapse because of: ing criteria: i. dilapidation, deterioration or decay; a. Is unsecured; or ii. faulty construction; b. Is in violation of the City of Dubuque Housing iii. the removal, movement or instability of any Code, Building Code or Fire Code. portion of the ground necessary for the purpose (2) Building Code: The International Building of supporting such building; Code promulgated by the International Code iv. the deterioration, decay or inadequacy of its Council, as adopted in Section 11-1 of the City foundation; or of Dubuque, Code of Ordinances. v. any other cause. (3) City Manager: Includes the City Manager’s i. Whenever, for any reason, the building or designee. structure, or any portion thereof, is manifestly (4) Dangerous Building. Any building or unsafe for the purpose for which it is being used. structure which has any or all of the conditions j. Whenever the exterior walls or other vertical or defects hereinafter described, provided that structural members list, lean or buckle to such such conditions or defects exist to the extent an extent that a plumb line passing through the that the life, health, property or safety of the center of gravity does not fall inside the middle public or the occupants of the building are one third of the base. endangered: k. Whenever the building or structure, exclusive a. Whenever any door, aisle, passageway, of the foundation, shows thirty-three (33) percent stairway or other means of exit is not of suffi-or more damage or deterioration of its support- cient width or size or is not so arranged as to ing member or members, or fifty (50) percent provide safe and adequate means of exit in case damage or deterioration of its non-supporting of fire or panic. members, enclosings or outside walls or cover- b. Whenever the walking surface of any aisle, ings. passageway, stairway or other means of exit is l. Whenever the building or structure has been warped, worn, loose, torn or otherwise unsafe as so damaged by fire, wind, earthquake or flood, to not provide safe and adequate means of exit or has become so dilapidated or deteriorated as in case of fire or panic. to become (a) an attractive nuisance to children; c. Whenever the stress in any materials, member (b) a harbor for vagrants or criminals, or as to (c) or portion thereof, due to all dead and live loads, enable persons to resort thereto for the purpose is more than one and one-half (1 1/2) times the of committing unlawful acts. working stress or stresses allowed on the m. Whenever any building or structure has been building code for new buildings of similar struc-constructed, exists or is maintained in violation ture, purpose or location. of any specific requirement or prohibition appli- d. Whenever any portion thereof has been cable to such building or structure provided by damaged by fire, earthquake, wind, flood or by the building regulations of this city, as specified any other cause, to such an extent that the in the building code or housing code, or of any 250 Regular Session, June 19, 2006 law or ordinance of this state or city relating to maintenance, dilapidation or obsolescence or the condition, location or structure of buildings. abandonment. n. Whenever any building or structure which, e. Uncleanliness to the risk of unhealthiness, whether or not erected in accordance with all as determined by the City Manager. applicable laws and ordinances, has in any non- f. Whatever renders air, food or drink unwhole- supporting part, member or portion less than fifty some or detrimental to the health of human (50) percent, or in any supporting part, member beings, as determined by the City Manager. or portion less than sixty-six (66) percent of the (8) Vacant Building: Any building or portion of a (a) strength, (b) fire-resisting qualities or charac-building which is: teristics, or (c) weather-resisting qualities or a. Unoccupied and unsecured; characteristics required by law in the case of a b. Unoccupied and secured by means other newly constructed building of like area, height than those used in the design of the building; and occupancy in the same location. c. Declared a dangerous building as defined in o. Whenever a building or structure, used or (4) above; intended to be used for dwelling purposes, d. Unoccupied and unfit for occupancy as because of inadequate maintenance, dilapida-determined by the City Manager; tion, decay, damage, faulty construction or e. Unoccupied and has housing and building arrangement, inadequate light, air or sanitation code violations; facilities, or otherwise, is determined by the f. Unoccupied for a continuous period of time health officer to be unsanitary, unfit for human over six (6) months; habitation or in such a condition that is likely to g. Unoccupied and open to vagrants, vandals, cause sickness or disease. children or the unwary; p. Whenever any building or structure, because h. Unoccupied and not maintained by owner or of obsolescence, dilapidated condition, deteri-responsible party; or oration, damage, inadequate exits, lack of i. Unoccupied and not receiving service by sufficient fire-resistive construction, faulty public utilities. electric wiring, gas connections or heating Sec. 33-109: Vacant and Abandoned Building apparatus, or other cause, is determined by the License: fire marshal to be a fire hazard. No person or business shall maintain a vacant q. Whenever any building or structure is in such or abandoned building as defined by this Code, condition as to constitute a public nuisance in the City unless such person or business holds known to the common law or in equity jurispru-a current un-revoked abandoned or vacant dence. building license, issued by the City Manager, in r. Whenever any portion of a building or structure the name of the owner/operator for the specific remains on a site after the demolition or destruc-named building. tion of the building or structure or whenever any Sec. 33-110. Registration: building or structure is abandoned for a period in The owner shall register a vacant or abandoned excess of six (6) months so as to constitute such building with the City Manager not later than building or portion thereof an attractive nuisance thirty (30) calendar days after any building in the or hazard to the public. City becomes abandoned or vacant as defined (5) Fire Code: International Fire Code, 2003 in this chapter. Failure to register an abandoned edition, as adopted by Chapter 19 of the City of or vacant building or providing false information Dubuque, Code of Ordinances. to the City Manager shall be a violation of this (6) Housing Code: The City of Dubuque Resi-chapter. dential Housing Code, as adopted in Section 26-The registration shall include the following 1 of the City of Dubuque, Code of Ordinances. information: (7) Nuisance: Each of the following shall be (1) A description of the premises; defined as a "nuisance": (2) The names and addresses of the owner or a. Any public nuisance known at common law owners; or in equity jurisprudence. (3) The names and addresses of all known lien b. Any attractive nuisance which may prove holders and all other parties with an ownership detrimental to persons whether in a building, on interest in the building; the premises of a building, or upon an unoccu-(4) The name of the agent designated to act on pied lot. the behalf of an out-of-town property owner to c. Whatever is dangerous to human life or is a accept legal processes and notices, and to menace to the public health, welfare or safety as authorize repairs as required; and determined by the City Manager. (5) The period of time the building is expected to d. A building that is structurally unsafe, unsani-remain vacant and/or a plan and timetable to tary or not provided with adequate safe egress, comply with applicable city codes. or that constitutes a fire hazard, or otherwise Sec. 33-111. Fees: constitutes a hazard by reason of inadequate The owner of a vacant or abandoned building shall pay an annual fee reasonably related to the Regular Session, June 19, 2006 251 administrative cost of registering and processing ance of the building for which a license is the registration form and the costs of the city in sought. Said agent shall have full authority and monitoring and inspecting the property and responsibility, the same as the owner/operator, established by the City Manager and shall be for maintaining the building. paid in full prior to the issuance of any permits or Sec. 33-115. Renewal, Penalty for Failure to acceptance of the registration form for the Renew License: subject property. An application for renewal of a vacant or Sec. 33-112. Terms of Licenses: abandoned building license may be made within (1) Every license issued under this division sixty (60) days prior to the expiration of an shall expire on December 31 of the year in existing operating license. Application for re- which issued and shall become delinquent on newal of vacant or abandoned building licenses March 31 of the year due. shall be due on January 1. Application may be (2) Upon application a license may be re-made and license fees paid until March 31 newed and remain effective for successive without penalty. Each day that the owner fails to periods of one calendar year unless sooner renew such license as required by this Article revoked at any time by the City Manager for shall constitute a separate violation for which a noncompliance with any applicable provisions of municipal infraction citation may be issued. Sec. this Code. 33-116. Revocation, Reinstatement Measures: (3) Licenses may be transferred from one If a vacant or abandoned building license is person or business to another provided notice of revoked by the City Manager for noncompliance the transfer is given in writing within five (5) with any applicable provisions of this Code, the working days of the transfer, to the City Manag-owner/operator of the building shall be given er. thirty (30) days to comply with the provisions of (4) Licenses shall not be transferable from one this Code. Extensions of such thirty-day period building to another. may be granted at the discretion of the City (5) Every person or business holding a license Manager. Upon expiration of the thirty-day shall give notice in writing to the City Manager period, or any extension thereof, if the building within five (5) working days after having trans-continues to be noncompliant, a municipal ferred or otherwise disposed of the legal control infraction will be issued. of the licensed building. Such notice shall Sec. 33-117. Relationship of License to Other include the name and address of the persons or Codes: businesses succeeding to the ownership or The issuance of any license for any vacant or control of such licensed building. abandoned building shall not in any way signify Sec. 33-113. Inspections: or imply that the building conforms with the Iowa The owner shall allow inspection of the build-State Building Code or the housing, building, ing by City representatives upon request and zoning, fire ordinances or other ordinances of shall allow annual inspection of the interior and the City. The issuance of a license shall not exterior of the premises for the purpose of relieve the owner or operator of the responsibili- enforcing and assuring compliance with the ty for compliance with said applicable housing, provisions of this chapter and the housing, building, zoning, fire or other applicable codes building and fire Codes. and ordinances. Sec. 33-114. Renewal Licenses: Section 2. This Ordinance shall take effect The City Manager is hereby authorized to December 1, 2006. issue and renew vacant or abandoned building Passed, approved and adopted this 19th day licenses for specific buildings, in the names of of June, 2006. the applicant owners, operators or managers, Roy D. Buol, Mayor provided the following criteria are met: Attest: Jeanne F. Schneider, City Clerk (1) The building for which the license is sought Published officially in the Telegraph Herald th is warranted by the owner or operator to sub-newspaper this 27 day of June, 2006. stantially comply with applicable provisions of Jeanne F. Schneider, City Clerk this code. 1t 6/24 (2) The owner or operator legally authorized Jones moved that the requirement that a and responsible for maintenance of the building proposed Ordinance be considered and voted for which a vacant or abandoned building on for passage at two Council Meetings prior to license is sought shall first make application the meeting at which it is to be finally passed be therefore on an application provided by the City suspended. Seconded by Braig. Motion carried Manager. 7-0. Jones moved final consideration and (3) All fees required by this Code pursuant to passage of the Ordinance. Seconded by Con- the issuance of a vacant or abandoned building nors. Motion carried 7-0. license are paid in full to the City. (4) The applicant shall designate a responsible agent to represent the owner/operator whenever the said applicant is not available for mainten- 252 Regular Session, June 19, 2006 COUNCIL MEMBER REPORTS Mayor Buol reported on the US Conference of Mayors’ meeting he recently attended and commented that it was a very committed group with a lot of the same issues. He also stated that he would be working with School Superintendent John Burgart on a “Science in the Schools” program that was discussed at the Conference. Council Member Lynch extended condolences to the family of City employee Richard Ward on his death earlier that day. Council Member Jones reported that the Dubuque County Board of Supervisors had voted to make a substantial contribution to the Dubuque County Emergency Responder Train- ing Center currently being constructed. There being no further business, Cline moved to adjourn. Seconded by Braig. Motion carried 7-0. The meeting adjourned at 10:23 P.M. /s/ Jeanne F. Schneider, CMC City Clerk Special Session, June 21, 2006 253 DUBUQUE There being no further business, Cline moved to adjourn. Seconded by Braig. Motion carried CITY COUNCIL 7-0. The meeting adjourned at 6:36 p.m. OFFICIAL PROCEEDINGS /s/ Jeanne F. Schneider, CMC City Clerk Special Session, June 21, 2006 Council met at 5:00 p.m., City Hall Conference Room B Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski, City Manager Van Milligen Mayor Buol read the call and stated this was a Special Session of the City Council called for the purpose of discussing such matters which may properly come before the City Council. RESOLUTION NO. 268-06 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and ap- proved; 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 DUBU- QUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. SPECIAL CLASS “C” LIQUOR LICENSE Rotary Club of Dubuque Rotary Club/Grand Opera House+(Sunday Sale) 135 W. 8th St Passed, approved and adopted this 21st day of June 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Cline. Motion passed 7-0. Council moved to go into Closed Session in accordance with Ch. 21.5 1(i) 2005 Code of Iowa, to evaluate the professional competency of an individual whose appointment, hiring, performance or discharge is being considered when necessary to prevent needless and or irreparable injury to that individual’s reputation and that individual has requested a Closed Session. City Manager Van Milligen left the Closed Session at 6:14 p.m. Council reconvened in Special Session at 6:35 p.m., indicating the evaluation had been com- pleted. 254 Regular Session, July 5, 2006 DUBUQUE and directing the Finance Department to issue payment, presented and read. Cline moved that CITY COUNCIL the communication be received and filed and OFFICIAL concurred and Finance Department to issue PROCEEDINGS payment. Seconded by Connors. Motion carried 7-0. City Council, Regular Session, Wednesday, First Transit, Inc.: City Manager recommend- July 5, 2006 ing approval of the first amendment to the Council met in Regular Session at 6:30 P.M. in Management Agreement between the City of the Library Auditorium Dubuque and First Transit, Inc., presented and read. Cline moved that the communication be Present: Mayor Buol, Council Members Braig, received and filed. Seconded by Connors. Cline, Connors, Jones, Lynch, Michalski, City Motion carried 7-0. Manager Van Milligen, City Attorney Lindahl RESOLUTION NO. 269-06 Mayor Buol read the call and stated this is a APPROVING THE FIRST AMENDMENT TO regular session called for the purpose of dis- THE MANAGEMENT AGREEMENT BETWEEN cussing such matters which may properly come THE CITY OF DUBUQUE, IOWA AND FIRST before the Council. TRANSIT, INC. Whereas, the City of Dubuque, Iowa (City) and Invocation was given by Father Ardel Barta. First Transit, Inc. (First Transit) have entered into the Management Agreement Between the CONSENT ITEMS City of Dubuque, Iowa and First Transit, Inc. (the Agreement) ; and Minutes and Reports Submitted: Airport Whereas, City and First Transit now desire to Commission of 5/25; Cable TV Teleprogram- amend the Agreement as set forth in the at- ming Commission of 4/4; City Council of 6/19 tached First Amendment. and 6/21; Historic Preservation Commission of Now, therefore it is agreed by and between the 6/15; Housing Code Appeals Board of 3/21; parties as follows: Housing Commission of 5/23; Housing Commis- 1. The First Amendment attached hereto is sion Trust Fund of 6/22; Library Board of Trus- hereby approved. tees of 3/30, 4/11, 4/19 and 4/28, presented and 2. The Mayor and City Clerk are authorized read. Cline moved that the minutes be received and directed to execute the First Amendment on and filed. Seconded by Connors. Motion carried behalf of the City of Dubuque. 7-0. Passed, approved and adopted this 5th day of July, 2006. Proof of publication of City Council Proceed- Roy D. Buol, Mayor ings of June 5, 2006, presented and read. Cline Attest: Jeanne F. Schneider, City Clerk moved that the communication be received and Cline moved adoption of the Resolution. filed. Seconded by Connors. Motion carried 7-0. Seconded by Connors. Motion carried 7-0. Notice of Claims/Suits: Kelly Lee Day for People for the Ethical Treatment of Animals personal injury; Jeannine Pauly for property (PETA): Communication from Lisa Wathne, damage; Jessica Sampson for vehicle damage; People for the Ethical Treatment of Animals, Eric Suiter and Sherri Sanwick for vehicle regarding the physical abuse of animals in damage, presented and read. Cline moved that circuses, presented and read. Michalski moved the communications be received and filed and that the communication be received and filed referred to the City Attorney for investiga- and referred to the City Attorney. Seconded by tion/report. Seconded by Connors. Motion Connors. Motion carried 7-0. carried 7-0. Citizen Communication: Communication from City Attorney advising that the following claims Thomas H. Zuccaro, 1496 White Street, regard- have been referred to Public Entity Risk Servic- ing vehicle noise, presented and read. Cline es of Iowa, the agent for the Iowa Communities moved that the communication be received and Assurance Pool: Kelly Lee Day for personal filed and referred to the City Manager. injury; Sherri Sanwick for vehicle damage, Seconded by Connors. Motion carried 7-0. presented and read. Cline moved that the communications be received and filed and Iowa Clean Air Attainment Program: City concurred. Seconded by Connors. Motion Manager recommending execution of an agree- carried 7-0. ment with the Iowa Department of Transporta- City Attorney recommending settlement of the tion for the Iowa Clean Air Attainment Program claim of Jeannine Pauly for property damage Regular Session July 5, 2006 255 Project for the US 20 Capacity Improvements, Cline moved that the communication be re- presented and read. Cline moved that the ceived and filed. Seconded by Connors. Motion communication be received and filed. Seconded carried 7-0. by Connors. Motion carried 7-0. RESOLUTION NO. 271-06 RESOLUTION NO. 270-06 ACCEPTING THE FORMER UNITED RENTAL RESOLUTION APPROVING THE IOWA DE-BUILDING DEMOLITION AND SITE CLEAR- PARTMENT OF TRANSPORTATION AGREE-ANCE PROJECT MENT FOR THE IOWA CLEAN AIR ATTAIN- Whereas, the contract for the Former United MENT PROGRAM (ICAAP) PROJECT OF THE Rental Building Demolition and Site Clearance US 20 (DEVON DRIVE TO MENARDS) CA- Project (the Project) has been completed and PACITY IMPROVEMENTS – PRIORITY 1, the City Manager has examined the work and TRAFFIC SIGNAL AND INTELLIGENT filed a certificate stating that the Project has TRANSPORTATION SYSTEM IMPROVE- been completed according to the terms of the MENTS contract, plans and specifications and that the Whereas, the Iowa Department of Transporta-City Manager recommends that the Project be tion (Iowa DOT) has made funds available for accepted. the US 20 (Devon Drive to Menards) Capacity NOW THEREFORE, BE IT RESOLVED BY Improvements – Priority 1, Traffic Signal and THE CITY COUNCIL OF THE CITY OF DUBU- Intelligent Transportation System Improvements; QUE, IOWA: and Section 1. The recommendation of the City Whereas, City of Dubuque Traffic Signal Manager is approved and the Project is hereby Improvements Priority 1 (US 20 – Devon Drive accepted. to Menards) has been developed to continuing Section 2. The City Treasurer is hereby traffic monitoring/management of the US 20 directed to pay to the contractor from the Main Corridor operations; i.e., collection of traffic Street Building Demolition Capital Improvement volume data, intersection reports, video monitor-Project (CIP 1001548) appropriation for the ing, and the overall control of the Corridor from a contract amount of $22,175.00 less any retained remote location; and percentage provided for therein as provided in Whereas, the Iowa Clean Air Attainment Iowa Code chapter 573, and to pay such retai- Program (ICAAP) Funds will be required to nage only in accordance with the provisions of complete said traffic monitoring/management of Iowa Code chapter 573. th the US 20 Corridor operations for City of Dubu- Passed, approved and adopted this 5 day of que Traffic Signal Improvements Priority 1. July, 2006. NOW THEREFORE, BE IT RESOLVED BY Roy D. Buol, Mayor THE CITY COUNCIL OF THE CITY OF DUBU-Attest: Jeanne F. Schneider, CMC, City Clerk QUE, IOWA: Cline moved adoption of the Resolution. Section 1. That said Iowa Department of Seconded by Connors. Motion carried 7-0. Transportation Agreement for US 20 (Devon RESOLUTION NO. 272-06 Drive to Menards) Capacity Improvements – FINAL ESTIMATE Priority 1, Traffic Signal and Intelligent Transpor- tation System Improvements between the City of Whereas, the construction contract for the Dubuque and the Iowa Department of Transpor-Former United Rental Building Demolition and tation be approved. Site Clearance Project, has been completed and Section 2. That the Mayor be authorized and the City Engineer has submitted his final esti- directed to execute two copies of said Iowa mate showing the cost thereof including the cost Department of Transportation Agreement for US of estimates, notices and inspection and all 20 (Devon Drive to Menards) Capacity Im-miscellaneous costs. provements – Priority 1, Traffic Signal and NOW THEREFORE, BE IT RESOLVED BY Intelligent Transportation System Improvements THE CITY COUNCIL OF THE CITY OF DUBU- between the City of Dubuque and the Iowa QUE, IOWA: Department of Transportation. Section 1. That the cost of said improvement Passed, adopted and approved this 5th day of is hereby determined to be $34,737.71 and the July, 2006. said amount shall be paid from the Main Street Roy D. Buol, Mayor Building Demolition Capital Improvement Project Attest: Jeanne F. Schneider, CMC, City Clerk (CIP 1001548) of the City of Dubuque, Iowa. th Cline moved adoption of the Resolution. Passed, approved and adopted this 5 day of Seconded by Connors. Motion carried 7-0. July, 2006. United Rental Demolition Project: City Manag-Roy D. Buol, Mayor er recommending acceptance of the United Attest: Jeanne F. Schneider, CMC, City Clerk Rental Demolition Project as completed by Tri- Cline moved adoption of the Resolution. State Development Company in the final con-Seconded by Connors. Motion carried 7-0. tract amount of $22,175, presented and read. 256 Regular Session, July 5, 2006 Water Department / Stealth Racing Building Section 1. That the cost of said improvement Demolition Project: City Manager recommending is hereby determined to be $55,678.53 and the acceptance of the Water Department / Stealth said amount shall be paid from the Water Racing Building Demolition Project as completed Department Garage Facility Demolition Capital by Newt Marine Services in the final contract Improvement Project (CIP 7401401); the Port of amount of $38,911.11, presented and read. Dubuque Property Acquisition Capital Improve- Cline moved that the communication be re-ment Project (CIP 7001043) and savings from ceived and filed. Seconded by Connors. Motion the Municipal Services Center Project of the City carried 7-0. of Dubuque, Iowa. th Passed, approved and adopted this 5 day of RESOLUTION NO. 273-06 July, 2006. ACCEPTING THE FORMER WATER DE- Roy D. Buol, Mayor PARTMENT AND STEALTH RACING BUILD- Attest: Jeanne F. Schneider, CMC, City Clerk ING DEMOLITION AND SITE CLEARANCE Cline moved adoption of the Resolution. PROJECT Seconded by Connors. Motion carried 7-0. Whereas, the contract for the Former Water Department and Stealth Racing Building Demoli- University Avenue Reconstruction Project: City tion and Site Clearance Project (the Project) has Manager recommending acceptance of the been completed and the City Manager has University Avenue Reconstruction Project as examined the work and filed a certificate stating completed by Horsfield Construction, in the final that the Project has been completed according contract amount of $1,340,603.50, presented to the terms of the contract, plans and specifica-and read. Cline moved adoption of the Resolu- tions and that the City Manager recommends tion. Seconded by Connors. Motion carried 7-0. that the Project be accepted. RESOLUTION NO. 275-06 NOW THEREFORE, BE IT RESOLVED BY ACCEPTING THE UNIVERSITY AVENUE THE CITY COUNCIL OF THE CITY OF DUBU- RECONSTRUCTION PROJECT FROM DELHI QUE, IOWA: TO ALTA VISTA AND THE UNIVERSITY Section 1. The recommendation of the City AVENUE PATCHING PROJECT FROM ALTA Manager is approved and the Project is hereby VISTA TO SPRUCE STREET accepted. Section 2. The City Treasurer is hereby Whereas, the contract for the University directed to pay to the contractor from the Water Avenue Reconstruction Project from Delhi to Department Garage Facility Demolition Capital Alta Vista and the University Avenue Patching Improvement Project (CIP 7401401); the Port of Project from Alta Vista to Spruce Street (the Dubuque Property Acquisition Capital Improve-Project) has been completed and the City ment Project (CIP 7001043) and savings from Manager has examined the work and filed a the Municipal Services Center Project for the certificate stating that the Project has been contract amount of $38,911.11 less any retained completed according to the terms of the con- percentage provided for therein as provided in tract, plans and specifications and that the City Iowa Code chapter 573, and to pay such retai-Manager recommends that the Project be nage only in accordance with the provisions of accepted. Iowa Code chapter 573. NOW THEREFORE, BE IT RESOLVED BY th Passed, approved and adopted this 5 day of THE CITY COUNCIL OF THE CITY OF DUBU- July, 2006. QUE, IOWA: Roy D. Buol, Mayor d. Section 1. The recommendation of the City Attest: Jeanne F. Schneider, CMC, City Clerk Manager is approved and the Project is hereby Cline moved adoption of the Resolution. accepted. Seconded by Connors. Motion carried 7-0. Section 2. The City Treasurer is hereby directed to pay to the contractor from the Water RESOLUTION NO. 274-06 Main Replacement Fund ($156,950.95); the FINAL ESTIMATE Street Program Related Sanitary Sewer Im- Whereas, the construction contract for the provements fund ($132,910.60); the Storm Former Water Department and Stealth Racing Sewer Improvement Fund ($60,852.49); the Building Demolition and Site Clearance Project, Fiber Optic Conduit - Paving Projects fund has been completed and the City Engineer has ($57,509.79); the Signalization Program fund submitted his final estimate showing the cost ($62,711.58); the Annual Street Construction thereof including the cost of estimates, notices Program (Funded through Local Option Sales and inspection and all miscellaneous costs. Tax) in the amount of $11,962.65 and an ex- NOW THEREFORE, BE IT RESOLVED BY penditure from DMATS Federal Aid Surface THE CITY COUNCIL OF THE CITY OF DUBU-Transportation Program (STP) funds in the QUE, IOWA: amount of $845,266, for the contract amount less any retained percentage provided for Regular Session July 5, 2006 257 therein as provided in Iowa Code chapter 573, Cline moved adoption of the Resolution. and to pay such retainage only in accordance Seconded by Connors. Motion carried 7-0. with the provisions of Iowa Code chapter 573. Passed, approved and adopted this 5th day of Purchase of Property – 1703 Elm Street: City July, 2006. Manager recommending approval of the pur- Roy D. Buol, Mayor chase of property at 1703 Elm Street to be used Attest: Jeanne F. Schneider, CMC, City Clerk for a parking lot next to the new Community Cline moved adoption of the Resolution. Health Center, presented and read. Cline Seconded by Connors. Motion carried 7-0. moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 276-06 FINAL ESTIMATE RESOLUTION NO. 278-06 APPROVING THE ACQUISITION OF REAL Whereas, the construction contract for the ESTATE LOCATED AT 1703 ELM STREET IN University Avenue Reconstruction Project from THE CITY OF DUBUQUE Delhi to Alta Vista and the University Avenue Patching Project from Alta Vista to Spruce Street WHEREAS, the City of Dubuque intends to has been completed and the City Engineer has acquire certain properties to provide for addi- submitted his final estimate showing the cost tional parking for the Community Health Center thereof including the cost of estimates, notices Project; and and inspection and all miscellaneous costs. WHEREAS, a purchase agreement has been NOW THEREFORE, BE IT RESOLVED BY finalized with the owner of the first property THE CITY COUNCIL OF THE CITY OF DUBU-scheduled for acquisition. QUE, IOWA: NOW, THEREFORE, BE IT RESOLVED BY Section 1. That the cost of said improvement THE CITY COUNCIL OF THE CITY OF DUBU- is hereby determined to be $1,462,110.58 and QUE, IOWA: the said amount shall be paid from the alloca- Section 1. That the City of Dubuque hereby tions from the Water Main Replacement Fund approves the acquisition of the following legally ($156,950.95); the Street Program Related described property: Sanitary Sewer Improvements fund The South ½ of Lot 157 of East Dubuque ($132,910.60); the Storm Sewer Improvement Addition in the City of Dubuque, Iowa according Fund ($60,852.49); the Fiber Optic Conduit - to the recorded Plat thereof in Dubuque County, Paving Projects fund ($57,509.79); the Signali-Iowa zation Program fund ($62,711.58); the Annual At the cost of Fifty-four thousand dollars ($54 Street Construction Program (Funded through 000). Local Option Sales Tax) in the amount of Section 2. That the City of Dubuque be and is $11,962.65 and an expenditure from DMATS hereby authorized to accept a Quit Claim deed Federal Aid Surface Transportation Program from the owner, conveying the owner’s interest (STP) funds in the amount of $845,266. to the City of Dubuque, Iowa for the herein th Passed, approved and adopted this 5 day of described real estate. July, 2006. Section 3. That the City Clerk be and she is Roy D. Buol, Mayor hereby authorized and directed to cause said Attest: Jeanne F. Schneider, CMC, City Clerk Quit Claim Deed to be recorded in the office of Cline moved adoption of the Resolution. the Dubuque County Recorder, together with Seconded by Connors. Motion carried 7-0. certified copy of the Resolution. Section 4. That the City Clerk be and she is RESOLUTION NO. 277-06 hereby directed to forward a copy of this Resolu- APPROVING THE PRELIMINARY SCHEDULE tion to the Dubuque County Assessor and the OF FINAL ASSESSMENTS Dubuque County Auditor. th NOW THEREFORE, BE IT RESOLVED BY Passed, approved and adopted this 5day of THE CITY COUNCIL OF THE CITY OF DUBU-July, 2006. QUE, IOWA: Roy D. Buol, Mayor That the attached sheet(s), Page 1 to Page 3 Attest: Jeanne Schneider, CMC, City Clerk inclusive, is hereby determined to be the Prelim- Cline moved adoption of the Resolution. inary Schedule of Final Assessments for the Seconded by Connors. Motion carried 7-0. University Avenue Reconstruction Project from Delhi to Alta Vista and the University Avenue Fiscal Year 2007 Community Development Patching Project from Alta Vista to Spruce Street Block Grant Agreement: City Manager recom- and the valuations set out herein are hereby mending approval of the Fiscal Year 2007 approved. Community Development Block Grant Program th Passed, approved and adopted this 5 day of with the U.S. Department of Housing and Urban July, 2006. Development in the amount of $1,256,479, Roy D. Buol, Mayor presented and read. Cline moved that the Attest: Jeanne F. Schneider, CMC, City Clerk 258 Regular Session, July 5, 2006 communication be received and filed. Seconded Industrial Center West 5th Addition in the City of by Connors. Motion carried 7-0. Dubuque, Iowa, dated June 16, 2006, prepared by IIW Engineers and Surveyors, P.C., describ- RESOLUTION NO. 279-06 ing the property to be subdivided, a copy of AUTHORIZING EXECUTION OF A COMMUNI- which is attached hereto (the Plat); and TY DEVELOPMENT BLOCK GRANT AGREE- Whereas, the Plat conforms to the laws and MENT WITH THE U.S. DEPARTMENT OF statutes pertaining thereto. HOUSING AND URBAN DEVELOPMENT NOW THEREFORE, BE IT RESOLVED BY Whereas, under provisions of Title I of Housing THE CITY COUNCIL OF THE CITY OF DUBU- and Community Development Act of 1974, as QUE, IOWA: amended, the City of Dubuque prepared and Section 1. The Plat is hereby approved, and submitted an Annual Action Plan for a Commu-the Mayor and City Clerk are hereby authorized nity Development Block Grant; and and directed to execute the Plat for and on Whereas, the submission has been approved behalf of the City of Dubuque, Iowa. by the U.S. Department of Housing and Urban Section 2. The City Clerk is hereby authorized Development in the amount of $1,256,479 for a and directed to file the Plat and a certified copy twelve month program year commencing July 1, of this resolution in the office of the Recorder, in 2006 and ending June 30, 2007; and and for Dubuque County, Iowa. Whereas, a grant agreement covering the Passed, approved and adopted this 5th day of activities proposed to be carried out with the July 2006. Community Development Block Grant funds has Roy D. Buol, Mayor been transmitted to the City of Dubuque by the Attest: Jeanne F. Schneider, City Clerk U.S. Department of Housing and Urban Devel- Cline moved adoption of the Resolution. opment. Seconded by Connors. Motion carried 7-0. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- PEG Access Capital Grant Expenditure / QUE, IOWA: Mediacom Request: City Manager recommend- Section 1. That the Funding Approval / ing approval of a request from Mediacom for Agreement, authorized by the U.S. Department $2,000 in funding from the PEG Access Capital of Housing and Urban Development on July 1, Grant for networking equipment for the public 2006 for a Community Development Block Grant access studio, presented and read. Cline moved to the City of Dubuque in the amount of that the communication be received and filed $1,256.479, and identified as Grant Number B-and approved recommendation. Seconded by 06-MC-19-0004 is hereby accepted. Connors. Motion carried 7-0. Section 2. That the Mayor of the City of Dubuque be and he is hereby authorized and PEG Access Capital Grant Expenditure / directed to execute said Agreement on behalf of Dubuque Community School District: City the City of Dubuque, Iowa. Manager recommending approval of a request th Passed, approved and adopted this 5 day of from the Dubuque Community School District for July, 2006. $7,000 in funding from the PEG Access Capital Roy D. Buol, Mayor Grant for a Steadicam Flyer 24SE camera Attest: Jeanne F. Schneider, City Clerk stabilization mount, presented and read. Cline Cline moved adoption of the Resolution. moved that the communication be received and Seconded by Connors. Motion carried 7-0. filed and approved request. Seconded by Connors. Motion carried 7-0. Dubuque Industrial Center West – Subdividing of Lot: City Manager recommending approval of PEG Access Capital Grant Expenditure / City the subdivision of Lot 1 of Dubuque Industrial of Dubuque: City Manager recommending Center West for the Giese Manufacturing approval of a request from the City of Dubuque Company, Inc. proposed expansion project, for $4,420 in funding from the PEG Access presented and read. Cline moved that the Capital Grant for two LED light systems from communication be received and filed. Seconded Lite Panels, Inc., presented and read. Cline by Connors. Motion carried 7-0. moved that the communication be received and filed and approved recommendation. Seconded RESOLUTION NO. 280-06 by Connors. Motion carried 7-0. APPROVING PLAT OF SURVEY LOT 1 OF 1 AND LOT 2 OF 1, DUBUQUE INDUSTRIAL A.Y. McDonald Park Play Unit: City Manager CENTER WEST 5TH ADDITION IN THE CITY recommending approval of the use of savings OF DUBUQUE, IOWA from the Five Flags Renovation Project for the Whereas, there has been presented to the City purchase of the play unit for A.Y. McDonald Council of the City of Dubuque, Iowa, a Plat of Park, presented and read. Cline moved that the Survey, Lot 1 of 1 and Lot 2 of 1, Dubuque communication be received and filed and Regular Session July 5, 2006 259 approved recommendation. Seconded by remaining debt they owe the City from a Connors. Motion carried 7-0. $300,000 loan they took out in July 1999 from the Downtown Loan Pool to rehabilitate the Flora Park Water System Project: City Manag-Dubuque Museum of Art building be forgiven er recommending acceptance of the Flora Park and City Manager recommending that the loan Water System Project as completed by Willen-agreement be amended to amortize their balloon borg Plumbing and Heating, Inc., in the final payment, presented and read. Cline moved that contract amount of $67,922.17, presented and the communication be received and filed and read. Cline moved that the communication be approved recommendation. Seconded by received and filed. Seconded by Connors. Connors. Motion carried 7-0. Motion carried 7-0. Specific and Aggregate Stop Loss Insurance RESOLUTION NO. 281-06 Renewal: City Manager recommending approval ACCEPTING IMPROVEMENT of the renewal rates submitted by Allianz for WHEREAS, the contract for the Flora Park specific stop-loss insurance and aggregate stop- Water System Project has been completed and loss insurance for the City’s health and prescrip- the City Manager has examined the work and tion drug plans, presented and read. Cline filed his certificate stating that the same has moved that the communication be received and been completed according to the terms of the filed and approved recommendation. Seconded contract, plans and specifications and recom-by Connors. Motion carried 7-0. mends its acceptance. NOW, THEREFORE, BE IT RESOLVED, BY City Manager Employment Agreement: Sub- THE CITY COUNCIL OF THE CITY OF DUBU-mittal of the Fifteenth Amendment to the City QUE, IOWA: Manager’s Employment Agreement for approval, 1. That the recommendation of the City Man-presented and read. Cline moved that the ager be approved and that said improvement be communication be received and filed and and the same is hereby accepted. approved recommendation. Seconded by BE IT FURTHER RESOLVED that the City Connors. Motion carried 7-0. Treasurer be and he is hereby directed to pay to the contractor from the General Fund in amount 2006 Pavement Marking Project Service equal to the amount of his contract, less any Contract: City Manager recommending award of retained percentage provided for therein. a service contract for the 2006 Pavement Passed, approved and adopted this 5th day of Marking Project to Selco, Inc. in the amount of July, 2006. $54,458.35, presented and read. Cline moved Roy D. Buol, Mayor that the communication be received and filed. Attest: Jeanne F. Schneider, City Clerk Seconded by Connors. Motion carried 7-0. Cline moved adoption of the Resolution. RESOLUTION NO. 283-06 Seconded by Connors. Motion carried 7-0. AWARDING CONSTRUCTION CONTRACT RESOLUTION NO. 282-06 FOR THE 2006 PAVEMENT MARKING FINAL ESTIMATE PROJECT WHEREAS, the contract for the Flora Park Whereas, sealed proposals have been submit- Water System Project has been completed and ted by contractors for the 2006 Pavement the Engineer has submitted his final estimate Marking Project and notice to bidders published showing the cost thereof including the cost of in a newspaper published in the City of Dubu- th estimates, notices and inspection and all miscel-que, Iowa on the 28 day of April, 2006; and laneous costs; Whereas, said sealed proposals were opened th NOW, THEREFORE, BE IT RESOLVED, BY and read on the 5 day of May, 2006, and it has THE CITY COUNCIL OF THE CITY OF DUBU-been determined that the bid of Selco, Inc. of QUE, IOWA: Dubuque, Iowa, in the amount of $54,458.35 Section 1. That the cost of said improvement is was the lowest bid for the furnishings of all labor hereby determined to be $67,922.17, and the and materials and performing the work as said amount shall be paid from the General provided for in the plans and specifications. Fund of the City of Dubuque, Iowa. NOW THEREFORE, BE IT RESOLVED BY Passed, approved and adopted this 5th day of THE CITY COUNCIL OF THE CITY OF DUBU- July, 2006. QUE, IOWA: Roy D. Buol, Mayor Section 1. That the contract for the above Attest: Jeanne F. Schneider, City Clerk improvement be awarded to Selco, Inc. and the Cline moved adoption of the Resolution. Manager be and is hereby directed to execute a Seconded by Connors. Motion carried 7-0. contract on behalf of the City of Dubuque for the complete performance of the work. Dubuque Museum of Art: Communication from Section 2. That upon the signing of said the Dubuque Museum of Art regarding the contract and the approval of the contractor’s 260 Regular Session, July 5, 2006 bond, the City Treasurer is authorized and NOW THEREFORE, BE IT RESOLVED BY instructed to return the bid deposits of the THE CITY COUNCIL OF THE CITY OF DUBU- unsuccessful bidders. QUE, IOWA: th Passed, approved and adopted this 5 day of Whereas, the Building Services Department, July, 2006. currently charges $15 for each temporary sign; Roy D. Buol, Mayor and Attest: Jeanne F. Schneider, CMC, City Clerk Whereas, non-profit agencies install multiple Cline moved adoption of the Resolution. signs for single events; and Seconded by Connors. Motion carried 7-0. Whereas, these events should be encouraged. BE IT FURTHER RESOLVED that the Building RESOLUTION NO. 284-06 Services Department establish a maximum fee APPROVING CONSTRUCTION CONTRACT of $105 per event for a non-profit agency’s use WITH SELCO, INC. FOR THE 2006 PAVE- of temporary signs. th MENT MARKING PROJECT Passed, approved and adopted this 5 day of Whereas, the City Council by Resolution No. July, 2006. 283-06 awarded the construction contract for the Roy D. Buol, Mayor 2006 Pavement Marking Project to Selco, Inc.; Attest: Jeanne F. Schneider, City Clerk and Cline moved adoption of the Resolution. Whereas, Selco, Inc. has submitted the Seconded by Connors. Motion carried 7-0. attached executed contract and bond. NOW THEREFORE, BE IT RESOLVED BY Improvement Contracts / Performance, Pay- THE CITY COUNCIL OF THE CITY OF DUBU-ment and Maintenance Bonds: West Fifth Street QUE, IOWA: (Delhi – Alpine) Reconstruction Project; Univer- Section 1. The contract and bond attached sity Avenue Culvert Extension Project, pre- hereto are hereby approved. sented and read. Cline moved that the commu- Section 2. The City Manager is hereby autho-nications be received and filed. Seconded by rized and directed to execute the contract on Connors. Motion carried 7-0. behalf of the City of Dubuque. th Passed, approved and adopted this 5 day of Business License Refund: Request of Mulgrew July, 2006. Oil Company for a refund in the amount of Roy D. Buol, Mayor $50.00 for a portion of their Class C Beer Attest: Jeanne F. Schneider, CMC, City Clerk Permit, presented and read. Cline moved that Cline moved adoption of the Resolution. the communication be received and filed and Seconded by Connors. Motion carried 7-0. approved refund. Seconded by Connors. Motion carried 7-0. Consultant Services – Port of Dubuque: City Manager recommending approval of the selec- Business Licenses: tion of Durrant Group, in the amount of $49,000, RESOLUTION NO. 286-06 to provide architectural and engineering services for the Port of Dubuque outdoor plazas and NOW, THEREFORE, BE IT RESOLVED BY parking lot enhancements associated with the THE CITY COUNCIL OF THE CITY OF DUBU- McGraw-Hill project, presented and read. Cline QUE, IOWA: moved that the communication be received and That the following having complied with the filed and approved recommendation. Seconded provisions of law relating to the sale of Ciga- by Connors. Motion carried 7-0. rettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Temporary Signs for Non-Profit Organizations: Papers within said City. City Manager recommending approval of estab-24 RENEWALS th lishing a maximum fee of $105 for non-profits 16 St Auto Truck Plaza, Mulgrew Oil Com- th who use temporary signs to advertise their pany, 1215 E. 16 St. fundraising events, presented and read. Cline Big 10 Mart, Molo Oil Company, 1875 JFK moved that the communication be received and Rd. filed. Seconded by Connors. Motion carried 7-0. Big 10 Mart, Molo Oil Company, 2100 JFK Rd. th RESOLUTION NO. 285-06 Big 10 Mart, Molo Oil Company, 9 & Cen- ESTABLISHING A MAXIMUM FEE FOR tral Ave. TEMPORARY SIGNS PLACED BY NON- Cedar Cross Amoco, LB Metcalf Inc., 1200 PROFIT AGENCIES Cedar Cross Rd. Whereas, the City wants to accommodate the Denny’s Lux Club, Beverly Larsen, 3050 As- use of temporary signs by non-profit agencies bury Rd. through the establishment of a maximum sign Diamond Jo Casino, Diamond Jo Casino, rd permit fee. 400 E. 3 St. Regular Session July 5, 2006 261 Dubuque Discount Gas Dubuque Discount Passed, approved and adopted this 5th day of Gas, 4110 Dodge St. July, 2006. Dubuque Discount Gas #3, Dubuque Dis-Roy D. Buol, Mayor count Gas, 3270 Dodge St. Attest: Jeanne F. Schneider, CMC, City Clerk Eagles Club # 568, Fraternal Order of Cline moved adoption of the Resolution. Eagles, 1175 Century Dr. Seconded by Connors. Motion carried 7-0. Easy Street, Easy Street LLC, 431 Rhom- RESOLUTION NO. 288-06 berg Ave. Hoffman House/3100 Club, WCB Hotels, Whereas, applications for Beer Permits have 3100 Dodge St. been submitted and filed to this Council for Instant Replay, Pamela Arensdorf, 1602 approval and the same have been examined Central Ave. and approved: and Oky Doky # 21, TFM CO., 2010 Kerper Blvd. Whereas, the premises to be occupied by such St Oky Doky # 1, TFM CO., 250 W. 1St. applicants were inspected and found to comply nd Oky Doky # 2, TFM CO., 51 W. 32 St. with the Ordinances of the City and have filed Oky Doky # 6, TFM CO., 1256 Iowa St. proper bonds. Oky Doky # 14, TFM CO., 1050 University NOW, THEREFORE, BE IT RESOLVED BY Ave. THE CITY COUNCIL OF THE CITY OF DUBU- Phillips 66, Liberty Station LLC, 10 Main St. QUE, IOWA: Puff n Snuff, Molo Oil Co., 1101 Rhomberg That the Manager be authorized to cause to be Ave. issued the following named applicants a Beer Ron’s Discount Smokes/Bev, RKM LLC, Permit. 1450 Loras Blvd. CLASS “B” BEER (5 – DAY SPECIAL EVENT) Sun of the Andes, Sun of the Andres LLC, Four Mounds Foundation Inc., Four Mounds 555 JFK Rd. Foundation, Inc, Alliant Amphitheater Tony’s Place, Charles Steffen, 1701 Central CLASS “C” BEER PERMIT Ave. K-Chap Foods, Inc., Oky Doky # 14, Walnut Tap, Craig Weiner, 709 University +(Sunday Sale), 1050 University Ave. Ave. Dubuque Discount Gas, Inc., Dubuque Dis- th Passed, approved and adopted this 5 day of count Gas#3, +(Sunday Sale), 3270 Dodge St. July 2006. Passed, approved and adopted this 5th day of Roy D. Buol, Mayor July, 2006. Attest: Jeanne F. Schneider, City Clerk Roy D. Buol, Mayor Cline moved adoption of the Resolution. Attest: Jeanne F. Schneider, CMC, City Clerk Seconded by Connors. Motion carried 7-0. Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 287-06 ITEMS TO BE SET FOR PUBLIC HEARING Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and ap- Giese Manufacturing Company, Inc. – Devel- proved; and opment Agreement: City Manager recommend- Whereas, the premises to be occupied by such ing that a public hearing be set for July 17, 2006 applicants were inspected and found to comply to consider disposing of property in the Dubuque with the State Laws and all City Ordinances Industrial Center West to Giese Properties, LLC relevant thereto and they have filed proper for the purpose of constructing an 18,000 square bonds. foot manufacturing facility and approval of a NOW, THEREFORE, BE IT RESOLVED BY Development Agreement, presented and read. THE CITY COUNCIL OF THE CITY OF DUBU-Cline moved that the communication be re- QUE, IOWA: ceived and filed. Seconded by Lynch. Motion That the Manager be authorized to cause to be carried 7-0. issued the following named applicants a Liquor RESOLUTION NO. 289-06 License. INTENT TO DISPOSE OF AN INTEREST IN CLASS “C” BEER/LIQUOR LICENSE CITY OF DUBUQUE REAL ESTATE Mayas, Inc., Las Margaritas, (Outdoor Ser- AND vice), 1575 JFK Rd. FIXING THE DATE FOR A PUBLIC HEARING Plastic Center, Inc., Fischer Lanes, OF THE CITY COUNCIL OF THE CITY OF +(Sunday Sale), 880 Locust St. DUBUQUE, IOWA ON THE PROPOSED Curtis Gerhard, Knicker’s Saloon, +(Sunday ISSUANCE OF URBAN RENEWAL TAX Sale), 2186 Central Ave. INCREMENT REVENUE OBLIGATIONS AND Ethel Schwartz, Airport Inn, +(Sunday Sale), THE EXECUTION OF A DEVELOPMENT 574 E. 16th St. AGREEMENT RELATING THERETO WITH Taiko, Inc, Taiko Japanese Restaurant, GIESE MANUFACTURING COMPANY, INC. +(Sunday Sale), 2155 S. Park Ct. 262 Regular Session, July 5, 2006 AND GIESE PROPERTIES, LLC AND PRO- carry out certain of the special financing activi- VIDING FOR THE PUBLICATION OF NOTICE ties described in the Urban Renewal Plan for the THEREOF Dubuque Industrial Center Economic Develop- Whereas, the City of Dubuque, Iowa (City) is ment District, consisting of the funding of eco- the owner of the following real property (the nomic developments grants to Giese Properties, Property); LLC pursuant to the Development Agreement Lot 1 of 1 of Dubuque Industrial Center West under the terms and conditions of said Urban 5th Addition in the City of Dubuque, Iowa Renewal Plan. It is expected that the aggregate And amount of the Tax Increment Revenue obliga- Whereas, City and Giese Manufacturing tions will be approximately $225,000. Company, Inc. and Giese Properties, LLC. have Section 4. The Clerk is hereby directed to entered into a Development Agreement, subject cause at least one publication to be made of a to the approval of the City Council, a copy of notice of said meeting, in a newspaper, printed which is now on file at the Office of the City wholly in the English language, published at Clerk, City Hall, 13th and Central Avenue, least once weekly, and having general circula- Dubuque, Iowa, pursuant to which City will tion in said City, said publication to be not less convey the Property to Giese Properties, LLC as than four days nor more than twenty days before shown on Exhibit A attached hereto; and the date of said meeting on the issuance of said Whereas, the City Council has tentatively obligations. determined that it would be in the best interests Section 5. That the notice of the proposed of the City to approve the Development Agree-action to issue said obligations shall be in ment, including the conveyance of the Property substantially the form attached hereto. to Giese Properties, LLC; and Passed, approved and adopted this 5th day of Whereas, it is deemed necessary and advisa-July, 2006. ble that City should authorize Urban Renewal Roy D. Buol, Mayor Tax Increment Revenue obligations, as provided Attest: Jeanne F. Schneider, City Clerk by Chapter 403 of the Code of Iowa, and to Cline moved adoption of the Resolution and enter into the Development Agreement relating set this for public hearing on 7/17/06 at a meet- thereto for the purpose of carrying out an Urban ing to commence at 6:30 P.M. in the public Renewal Plan as hereinafter described; and library auditorium and direct the City Clerk to Whereas, before said obligations may be publish notice in the manner prescribed by law. approved, Chapter 403 of the Code of Iowa Seconded by Lynch. Motion carried 7-0. requires that the City Clerk publish a notice of the proposal and of the time and place of the Cedar Street and Dog Track Wastewater meeting at which the City Council proposes to Pumping Station Improvement Project: City take action thereon and at which meeting the Manager recommending initiation of the public City Council shall receive oral and/or written bidding process for the Cedar Street and Dog objections from any resident or property owner Track Wastewater Pumping Station Improve- of said City to such proposed action. ment Project and that a public hearing be set for NOW THEREFORE, BE IT RESOLVED BY August 7, 2006, presented and read. Cline THE CITY COUNCIL OF THE CITY OF DUBU-moved that the communication be received and QUE, IOWA: filed. Seconded by Lynch. Motion carried 7-0. Section 1. The City of Dubuque intends to RESOLUTION NO. 290-06 dispose of its interest in the foregoing-described PRELIMINARY APPROVAL OF PLANS AND Property by Deed to Giese Properties, LLC. SPECIFICATIONS Section 2. The City Clerk is hereby authorized and directed to cause this Resolution and a NOW THEREFORE, BE IT RESOLVED BY notice to be published as prescribed by Iowa THE CITY COUNCIL OF THE CITY OF DUBU- Code Section 364.7 of a public hearing on the QUE, IOWA: City's intent to dispose of the foregoing- That the proposed plans, specifications, form described Property, to be held on the 17th day of contract and estimated cost for the Cedar of July, 2006, at 6:30 o'clock p.m. in the Audito-Street and Dog Track Lift Station Improvements rium of the Carnegie-Stout Public Library in Project in the estimated amount of $1,340,000 Dubuque, Iowa, 11th & Locust, Dubuque, Iowa. are hereby approved and ordered filed in the Section 3. The City Council will also meet at office of the City Clerk for public inspection. said time and place for the purpose of taking Passed, adopted and approved this 5th day of action on the matter of authorizing Urban Re-July, 2006. newal Tax Increment Revenue obligations and Roy D. Buol, Mayor the execution of the Development Agreement Attest: Jeanne F. Schneider, CMC, City Clerk relating thereto with Giese Manufacturing Cline moved adoption of the Resolution. Company, Inc. and Giese Properties, LLC. the Seconded by Lynch. Motion carried 7-0. proceeds of which obligations will be used to Regular Session July 5, 2006 263 RESOLUTION NO. 291-06 Attest: Jeanne F. Schneider, CMC, City Clerk FIXING DATE OF HEARING ON PLANS AND Cline moved adoption of the Resolution. SPECIFICATIONS Seconded by Lynch. Motion carried 7-0. Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary ap- National Mississippi River Museum and proval on the proposed plans, specifications, Aquarium Expansion Project / Former Adams and form of contract and placed same on file in Company Building Re-Roof and Structural the office or the City Clerk for public inspection Repairs Project: City Manager recommending of the Cedar Street and Dog Track Lift Station initiation of the public bidding process for the Improvements Project. National Mississippi River Museum and Aqua- NOW THEREFORE, BE IT RESOLVED BY rium Expansion Project / Former Adams Com- THE CITY COUNCIL OF THE CITY OF DUBU-pany Building Re-Roof and Structural Repairs QUE, IOWA: Project and that a public hearing be set for That a public hearing will be held on the 7th August 7, 2006, presented and read. Cline day of August, 2006 at 6:30 p.m. in the Public moved that the communication be received and Library Auditorium at which time interested filed. Seconded by Lynch. Motion carried 7-0. persons may appear and be heard for or against RESOLUTION NO. 293-06 the proposed plans and specifications, form of PRELIMINARY APPROVAL OF PLANS AND contract and cost of said improvement, and the SPECIFICATIONS City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be NOW THEREFORE, BE IT RESOLVED BY published in a newspaper having general THE CITY COUNCIL OF THE CITY OF DUBU- circulation in the City of Dubuque, Iowa, which QUE, IOWA: notice shall be not less than four days nor more That the proposed plans, specifications, form than twenty days prior to the day fixed for its of contract and estimated cost for the National consideration. At the hearing, any interested Mississippi River Museum and Aquarium Ex- person may appear and file objections to the pansion Project - Former Adams Company proposed plans, specifications, contract or Building Re-Roof and Structural Repairs Project estimated cost of the improvement. in the estimated amount of $608,181.00 are Passed, adopted and approved this 5th day of hereby approved and ordered filed in the office July, 2006. of the City Clerk for public inspection. th Roy D. Buol, Mayor Passed, adopted and approved this 5 day of Attest: Jeanne F. Schneider, CMC, City Clerk July, 2006. Cline moved adoption of the Resolution. Roy D. Buol, Mayor Seconded by Lynch. Motion carried 7-0. Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. RESOLUTION NO. 292-06 Seconded by Lynch. Motion carried 7-0. ORDERING BIDS RESOLUTION NO. 294-06 NOW THEREFORE, BE IT RESOLVED BY FIXING DATE OF HEARING ON PLANS AND THE COUNCIL OF THE CITY OF DUBUQUE, SPECIFICATIONS IOWA: That the Cedar Street and Dog Track Lift Whereas, the City Council of the City of Station Improvements Project is hereby ordered Dubuque, Iowa has given its preliminary ap- to be advertised for bids for construction. proval on the proposed plans, specifications, BE IT FURTHER RESOLVED, that the amount and form of contract and placed same on file in of security to accompany each bid shall be in the the office of the City Clerk for public inspection amount which shall conform to the provisions of of the National Mississippi River Museum and the Notice to Bids hereby approved as a part of Aquarium Expansion Project - Former Adams the plans specifications heretofore adopted. Company Building Re-Roof and Structural That the City Clerk is hereby directed to Repairs Project. advertise for bids for the construction of the NOW THEREFORE, BE IT RESOLVED BY improvements herein provided, to be published THE CITY COUNCIL OF THE CITY OF DUBU- in a newspaper having general circulation in the QUE, IOWA: th City of Dubuque, Iowa, which notice shall not be That a public hearing will be held on the 7 less than four days nor more than forty-five days day of August, 2006, at 6:30 p.m. in the Public prior to the receipt of said bids at 2:00 p.m. on Library Auditorium at which time interested the 28th day of July, 2006. Bids shall be opened persons may appear and be heard for or against and read by the City Clerk at said time and will the proposed plans and specifications, form of be submitted to the Council for final action at contract and cost of said improvement, and the 6:30 p.m. on the 7th day of August, 2006. City Clerk be and is hereby directed to cause a Passed, adopted and approved this 5th day of notice of time and place of such hearing to be July, 2006. published in a newspaper having general Roy D. Buol, Mayor circulation in the City of Dubuque, Iowa, which 264 Regular Session, July 5, 2006 notice shall be not less than four days nor more That the proposed plans, specifications, form than twenty days prior to the day fixed for its of contract and estimated cost for the Highway consideration. At the hearing, any interested 20 Landscaping Project, Phase II, in the esti- person may appear and file objections to the mated amount of $239,454, are hereby ap- proposed plans, specifications, contract, or proved and ordered filed in the office of the City estimated cost of the improvement. Clerk, for public inspection. th Passed, adopted and approved this 5 day of Passed, approved and adopted this 5th day of July, 2006. July, 2006. Roy D. Buol, Mayor Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Cline moved adoption of the Resolution. Seconded by Lynch. Motion carried 7-0. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 295-06 RESOLUTION NO. 297-06 ORDERING BIDS FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, WHEREAS, the City Council of the City of IOWA: Dubuque, Iowa has given its preliminary ap- That the National Mississippi River Museum proval on the proposed plans, specifications, and Aquarium Expansion Project - Former and form of contract and placed same on file in Adams Company Building Re-Roof and Struc-the office of the City Clerk for public inspection tural Repairs Project is hereby ordered to be of the Highway 20 Landscaping Project, Phase advertised for bids for construction. II. BE IT FURTHER RESOLVED, that the amount NOW, THEREFORE, BE IT RESOLVED, BY of the security to accompany each bid shall be in THE CITY COUNCIL OF THE CITY OF DUBU- an amount which shall conform to the provisions QUE, IOWA, that on the 15th day of August, of the Notice to Bidders hereby approved as a 2006, a public hearing will be held at 6:30 p.m. part of the plans and specifications heretofore in the Public Library Auditorium, at which time adopted. interested persons may appear and be heard for That the City Clerk is hereby directed to or against the proposed plans and specifica- advertise for bids for the construction of the tions, form of contract and cost of said improve- improvements herein provided, to be published ment, and the City Clerk be and is hereby in a newspaper having general circulation in the directed to cause a notice of time and place of City of Dubuque, Iowa, which notice shall not be such hearing to be published in a newspaper less than four days nor more than forty-five days having general circulation in the City of Dubu- prior to the receipt of said bids at 2:00 p.m. on que, Iowa, which notice shall be not less than th the 27 day of July, 2006. Bids shall be opened four days nor more than twenty days prior to the and read by the City Clerk at said time and will day fixed for its consideration. At the hearing, be submitted to the Council for final action at any interested person may appear and file th 6:30 p.m. on the 7 day of August, 2006. objections to the proposed plans, specifications, th Passed, adopted and approved this 5 day of contract, or estimated cost of the improvement. July, 2006. Passed, approved and adopted this 5th day of Roy D. Buol, Mayor July, 2006. Attest: Jeanne F. Schneider, CMC, City Clerk Roy D. Buol, Mayor Cline moved adoption of the Resolution. Attest: Jeanne F. Schneider, City Clerk Seconded by Lynch. Motion carried 7-0. Cline moved adoption of the Resolution. Seconded by Lynch. Motion carried 7-0. Highway 20 Landscaping – Phase II Project: RESOLUTION NO. 298-06 City Manager recommending initiation of the ORDERING BIDS public bidding process for the Highway 20 Landscaping – Phase II Project and that a public BE IT RESOLVED BY THE COUNCIL OF hearing be set for September 5, 2006, presented THE CITY OF DUBUQUE, IOWA: and read. Cline moved that the communication That the Highway 20 Landscaping Project, be received and filed. Seconded by Lynch. Phase II is hereby ordered to be advertised for Motion carried 7-0. bids for construction. BE IT FURTHER RESOLVED, that the amount RESOLUTION NO. 296-06 of the security to accompany each bid shall be in PRELIMINARY APPROVAL OF PLANS AND an amount which shall conform to the provisions SPECIFICATIONS of the notice to bidders hereby approved as a BE IT RESOLVED BY THE CITY COUNCIL part of the plans and specifications heretofore OF THE CITY OF DUBUQUE, IOWA: adopted. Regular Session July 5, 2006 265 That the City Clerk is hereby directed to Para-Transit Rate Increase: Proof of publica- advertise for bids for the construction of the tion on notice of hearing to consider a para- improvements herein provided, to be published transit rate increase and City Manager recom- in a newspaper having general circulation in the mending approval, presented and read. Connors City of Dubuque, Iowa, which notice shall not be moved that the communication be received and less than four days nor more than forty-five days filed. Seconded by Jones. Motion carried 7-0. prior to the receipt of said bids at 10:00 a.m. on Michalski apologized to citizens who could not the 15th day of August, 2006 at IDOT, Office of attend the City Council’s public hearing regard- Contracts, 800 Lincoln Way, Ames, Iowa. Bids ing the para-transit increase due to the sche- shall be opened and read at said time and will duled time of the hearing. Economic Develop- be submitted to the Council for final action at ment Director David Heiar stated that the Transit 6:30 p.m. on the 5th day of September, 2006. Board hearing had been held at an earlier time Passed, approved and adopted this 5th day of than normal Transit Board meetings in order to July, 2006. allow for citizens to attend and he clarified the Roy D. Buol, Mayor specifics of the proposed rate increase. Mayor Attest: Jeanne F. Schneider, City Clerk Buol read the letter of Sara Davidson objecting Cline moved adoption of the Resolution. to the proposed increase. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 299-06 BOARDS/COMMISSIONS FIXING RATES FOR CERTAIN PARATRANSIT SERVICES Applicants are invited to address the Council Whereas, the City of Dubuque provides regarding their desire to serve on the following Paratransit services for disabled and elderly Boards/Commissions: persons, and Arts and Cultural Affairs Advisory Commission Whereas, the cost to provide said services (Three 3-year terms through 6/30/09) – Busi-continue to increase rapidly, and ness / Professional [W. Intriligator], Business / Whereas, the City of Dubuque desires to Professional and Lives / Works in Cultural continue to provide Paratransit services for District [Amy Weber], and At Large [Rebecca persons age 65 and older who do not qualify for Fabricius] such services by federal ADA standards, and Applicants: Business / Professional: Ellen Whereas, the City of Dubuque desires to Hartman Henkels, William Intriligator, Karen reduce the number of late cancellations and/or Ridings; no shows for Paratransit service. Business/Professional and Lives / Works in NOW THEREFORE BE IT RESOLVED BY Cultural District: Amy Weber; At Large: Rebecca THE CITY COUNCIL OF THE CITY OF DUBU- Fabricius, Ellen Hartman Henkels, Geri Shaffer, QUE, IOWA; John Tilton Paratransit rates are as follows: Ms. Henkels, Ms. Weber, Ms. Fabricius, and Per Trip Cost Ms. Shaffer all spoke requesting consideration. ADA Qualified Rider $1.00 Civic Center Commission (Two 3-years terms Rider who is 65 but not ADA Qualified through 6/29/09 – terms of Fuller and Parks) $2.00 Applicants: Cynthia Fuller, Bryce Parks No Rider who cancels late (less than 1 hr. prior to one spoke. scheduled ride) $9.00 Transit Board of Trustees (One 3-year term Rider who does not show for scheduled ride through 7/30/09 – term of Bemis) Applicants: $9.00 Harry Bemis, Peter Kies No one spoke. Effective the 31st day of July, 2006. Passed, Approved and adopted this 5th day of Appointment to the following Commission: July, 2006. Park and Recreation Advisory Commission Roy D. Buol, Mayor (One 3-year term through 6/30/09 – Term of Attest: Jeanne F. Schneider, City Clerk Duggan) Applicant: Chuck Duggan Connors Connors moved adoption of the Resolution. moved that Chuck Duggan be reappointed to a Seconded by Jones. Motion carried 7-0. three year term to expire 6/30/09. Seconded by Braig. Motion carried 7-0. Petition to Vacate and Dispose of a Portion of the Plat of North Dubuque: Proof of publication PUBLIC HEARINGS on notice of hearing to consider a request from Arnie Van Etten, representing James A. and Michalski moved that the rules be suspended Shirley A. Christensen, to vacate and purchase to allow anyone present to address the Council. a portion of the plat of North Dubuque and City Seconded by Connors. Motion carried 7-0. Manager recommending approval, presented and read. Cline moved that the communication 266 Regular Session, July 5, 2006 be received and filed. Seconded by Connors. oral or written to the proposal to dispose of the Motion carried 7-0. interest of the City of Dubuque, Iowa, in the hereinabove described real estate. RESOLUTION NO. 300-06 NOW, THEREFORE, BE IT RESOLVED BY VACATING A PORTION OF THE PLAT OF THE CITY COUNCIL OF THE CITY OF DUBU- NORTH DUBUQUE QUE, IOWA: Whereas, Arnie Van Etten, representing Section 1. That the disposal of the interest of James A. and Shirley A. Christensen, has the City of Dubuque, Dubuque County, Iowa, in requested the vacating of a portion of the plat of the real property described as Lot 413-A in North Dubuque, including platted streets and North Dubuque in the City of Dubuque, Dubuque alleys; and County, Iowa to the Ernest Madison Revocable Whereas, Buesing & Associates has prepared Trust be and the same is hereby approved for and submitted to the City Council a plat showing the sum of $400.00. Conveyance shall be by the vacated portion of North Dubuque, including Quit Claim Deed. platted streets and alleys, and assigned lot Section 2. That the disposal of the interest of numbers thereto, which hereinafter shall be the City of Dubuque, Dubuque County, Iowa, in known and described as Lots 413-A, 598-A, and real property described as Lots 598-A and 598-B 598-B of North Dubuque in the City of Dubuque, all in North Dubuque in the City of Dubuque, Dubuque County, Iowa; and Dubuque County, Iowa to James A. and Shirley Whereas, the City Council of the City of A. Christensen be and the same is hereby Dubuque, Iowa has determined that a portion of approved for the sum of $400.00. Conveyance the plat of North Dubuque, including platted shall be by Quit Claim Deed. streets and alleys, are no longer required for Section 3. That the Mayor be authorized and public use, and vacating of said portion of the directed to execute a Quit Claim Deed, and the plat of North Dubuque, including platted streets City Clerk be and is hereby authorized and and alleys, known as Lots 413-A, 598-A, and directed to deliver said deed of conveyance to 598-B of North Dubuque in the City of Dubuque, the above named grantees upon receipt of the Dubuque County, Iowa should be approved. approved sum in full. NOW, THEREFORE, BE IT RESOLVED BY Section 4. That the City Clerk be and is hereby THE CITY COUNCIL OF THE CITY OF DUBU-authorized and directed to record a certified QUE, IOWA: copy of this resolution in the offices of the City Section 1. That the real estate described as Assessor, Dubuque County Recorder and Lots 413-A, 598-A, and 598-B of North Dubuque Dubuque County Auditor. th in the City of Dubuque, Iowa, be and the same is Passed, approved and adopted this 5 day of hereby vacated. July, 2006. th Passed, approved and adopted this 5 day of Roy D. Buol, Mayor July, 2006. Attest: Jeanne F. Schneider, CMC, City Clerk Roy D. Buol, Mayor Cline moved adoption of the Resolution. Attest: Jeanne F. Schneider, CMC, City Clerk Seconded by Connors. Motion carried 7-0. Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. 2006 Grandview Avenue Concrete Section Repair Project: Proof of publication on notice of RESOLUTION NO. 301-06 hearing to consider the 2006 Grandview Avenue DISPOSING OF CITY INTEREST IN LOTS 413- Concrete Section Repair Project and City A, 598-A, AND 598-B OF NORTH DUBUQUE Manager recommending award of the contract to IN THE CITY OF DUBUQUE, DUBUQUE Horsfield Construction, Inc. in the amount of COUNTY, IOWA $49,340.00, presented and read. Cline moved Whereas, pursuant to resolution and published that the proof and communication be received notice of time and place of hearing, published in and filed. Seconded by Lynch. Motion carried 7- the Telegraph Herald, a newspaper of general 0. circulation published in the City of Dubuque, rd RESOLUTION NO. 302-06 Iowa on this 23 day of June, 2006, the City RESOLUTION ADOPTING PLANS AND Council of the City of Dubuque, Iowa met on the th SPECIFICATIONS 5 day of July, 2006, at 6:30 p.m. in the Public Library Auditorium, 360 West 11 Street, Dubu- Whereas, on the 31st day of May, 2006, plans, que, Dubuque County, Iowa to consider the specifications, form of contract and estimated proposal for the sale of real estate described as: cost were filed with the City Clerk of Dubuque, Lots 413-A, 598-A, and 598-B of North Dubu-Iowa for the 2006 Grandview Avenue Concrete que in the City of Dubuque, Dubuque County, Section Repair Project. Iowa Whereas, notice of hearing on plans, specifica- Whereas, the City Council of the City of tions, form of contract, and estimated cost was Dubuque, Iowa overruled any and all objections, published as required by law. Regular Session July 5, 2006 267 NOW THEREFORE, BE IT RESOLVED BY Repair Project to Horsfield Construction, Inc.; THE CITY COUNCIL OF THE CITY OF DUBU-and QUE, IOWA: Whereas Horsfield Construction, Inc. has That the said plans, specifications, form of submitted the attached executed contract and contract and estimated cost are hereby ap-bond. proved as the plans, specifications, form of NOW THEREFORE, BE IT RESOLVED BY contract and estimated cost for said improve-THE CITY COUNCIL OF THE CITY OF DUBU- ments for said project. QUE, IOWA: th Passed, approved and adopted this 5 day of 1. The contract and bond attached hereto are July, 2006. hereby approved. Roy D. Buol, Mayor 2. The City Manager is hereby authorized and Attest: Jeanne F. Schneider, CMC, City Clerk directed to execute the contract on behalf of the Cline moved adoption of the Resolution. City of Dubuque. th Seconded by Lynch. Motion carried 7-0. Passed, approved and adopted this 5 day of July, 2006. RESOLUTION NO. 303-06 Roy D. Buol, Mayor AWARDING CONSTRUCTION CONTRACT Attest: Jeanne F. Schneider, CMC, City Clerk FOR THE 2006 GRANDVIEW AVENUE CON- Cline moved adoption of the Resolution. CRETE SECTION REPAIR PROJECT Seconded by Lynch. Motion carried 7-0. Whereas, sealed proposals have been submit- ted by contractors for the 2006 Grandview Grand River Center – Fountain Sign Rehabili- Avenue Concrete Section Repair Project pur-tation Project: Proof of publication on notice of suant to Resolution No. 224-06 and notice to hearing to consider the Grand River Center – bidders published in a newspaper published in Fountain Sign Rehabilitation Project and City th the City of Dubuque, Iowa on the 9 day of Manager recommending award of the contract to June, 2006. Dubuque Sign Company in the amount of Whereas, said sealed proposals were opened $44,500, presented and read. Cline moved that nd and read on the 22 day of June, 2006, and it the communication be received and filed. has been determined that the bid of Horsfield Seconded by Connors. Motion carried 7-0. Construction, Inc. of Epworth, Iowa, in the RESOLUTION NO. 305-06 amount of $49,340.00 was the lowest bid for the ADOPTING PLANS AND SPECIFICATIONS furnishings of all labor and materials and per- forming the work as provided for in the plans Whereas, on June 9, 2006, plans, specifica- and specifications. tions, form of contract and estimated cost were NOW THEREFORE, BE IT RESOLVED BY filed with the City Clerk of Dubuque, Iowa for the THE CITY COUNCIL OF THE CITY OF DUBU-Grand River Center Fountain Sign Rehabilitation QUE, IOWA: Project. That the contract for the above improvement Whereas, notice of hearing on plans, specifica- be awarded to Horsfield Construction, Inc. and tions, form of contract, and estimated cost was the Manager be and is hereby directed to published as required by law. execute a contract on behalf of the City of NOW THEREFORE, BE IT RESOLVED BY Dubuque for the complete performance of the THE CITY COUNCIL OF THE CITY OF DUBU- work. QUE, IOWA: BE IT FURTHER RESOLVED: That the said plans, specifications, form of That upon the signing of said contract and the contract and estimated cost are hereby ap- approval of the contractor’s bond, the City proved as the plans, specifications, form of Treasurer is authorized and instructed to return contract and estimated cost for said improve- the bid deposits of the unsuccessful bidders. ments for said project. th Passed, approved and adopted this 5 day of Passed, approved and adopted this 5th day of July, 2006. July, 2006. Roy D. Buol, Mayor Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Cline moved adoption of the Resolution. Seconded by Lynch. Motion carried 7-0. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 304-06 RESOLUTION NO. 306-06 APPROVING CONSTRUCTION CONTRACT AWARDING CONSTRUCTION CONTRACT WITH HORSFIELD CONSTRUCTION, INC. FOR THE GRAND RIVER CENTER FOUNTAIN FOR THE 2006 GRANDVIEW AVENUE CON-SIGN REHABILITATION PROJECTT CRETE SECTION REPAIR PROJECT Whereas, sealed proposals have been submit- Whereas the City Council by Resolution No. ted by contractors for the Grand River Center 303-06 awarded the construction contract for the Fountain Rehabilitation Project pursuant to 2006 Grandview Avenue Concrete Section Resolution No. 227-06 and notice to bidders 268 Regular Session, July 5, 2006 ACTION ITEMS published in a newspaper published in the City of Dubuque, Iowa on the 9th day of June, 2006. Whereas, said sealed proposals were opened Citizen Request: Communication from Linda and read on the 22nd day of June, 2006, and it Carriger to address the City Council regarding has been determined that the bid of Dubuque the state of Dubuque’s inner city, presented and Sign Company of Dubuque, Iowa, in the amount read. Cline moved that the communication be of $44,500.00 was the lowest bid for the furnish-received and filed. Seconded by Connors. ings of all labor and materials and performing Motion carried 7-0. the work as provided for in the plans and speci- Linda Carriger, 1670 Iowa Street, spoke of fications. concerns in the downtown area with increased NOW THEREFORE, BE IT RESOLVED BY hostility between gangs and requested action be THE CITY COUNCIL OF THE CITY OF DUBU-taken to alleviate the problem. QUE, IOWA: That the contract for the above improvement Michalski moved that the following be removed be awarded to Dubuque Sign Company and the from the table. Seconded by Cline. Motion Manager be and is hereby directed to execute a carried 7-0. contract on behalf of the City of Dubuque for the John and Sally Jo Herrig – Request to Rezone complete performance of the work. (Tabled on June 19, 2006): Communications BE IT FURTHER RESOLVED: from Richard W. and Esther A. Farnum, William That upon the signing of said contract and the and Connie Clasen, Marlene Brimeyer, Elaine approval of the contractor’s bond, the City and Raymond Backes, Eileen and Douglas Treasurer is authorized and instructed to return Coates, Mary Jo and Roger Zalaznik, Mary Jean the bid deposits of the unsuccessful bidders. and Steve Reding, Margaret Burns, Kimberly A. Passed, approved and adopted this 5th day of Schmitz VanDee, Ron and Mary Breitbach, Paul July, 2006. and Vicki Breitbach in opposition to the pro- Roy D. Buol, Mayor posed rezoning; Petition requesting that the Attest: Jeanne F. Schneider, CMC, City Clerk request of John and Sally Jo Herrig to rezone Cline moved adoption of the Resolution. property south of Derby Grange Road be re- Seconded by Connors. Motion carried 7-0. ferred back to the Zoning Advisory Commission and an Ordinance Amending Appendix A (the RESOLUTION NO. 307-06 Zoning Ordinance) of the City of Dubuque Code APPROVING CONSTRUCTION CONTRACT of Ordinances by reclassifying hereinafter WITH DUBUQUE SIGN COMPANY FOR THE described property located south of Derby GRAND RIVER CENTER FOUNTAIN REHA- Grange Road from County A1 Agricultural to BILITATION PROJECT City AG Agricultural District, R-2 Two-Family Whereas, the City Council by Resolution No. Residential District and C-3 General Commercial 306-06 awarded the construction contract for the District, concurrent with annexation to the City of Grand River Center Fountain Sign—Dubuque, presented and read. Rehabilitation Project to Dubuque Sign Compa- John Herrig, 13668 Surrey Lane, spoke in ny and support of the rezoning request and explained Whereas, Dubuque Sign Company has that he had met with the surrounding residents submitted the attached executed contract and of the area and felt there was a good dialogue. bond. He stated he had agreed to the R-2 classifica- NOW THEREFORE, BE IT RESOLVED BY tion versus the R-3 that was originally re- THE CITY COUNCIL OF THE CITY OF DUBU-quested; however, he was still requesting the C- QUE, IOWA: 3 zoning for a small portion of the area. He 1. The contract and bond attached hereto are distributed an agreement he was willing to hereby approved. execute which would disallow salvage yards, 2. The City Manager is hereby authorized and warehousing, mini-storage or auto body repair in directed to execute the contract on behalf of the the C-3 area. City of Dubuque. Ron Breitbach, 13233 Derby Grange Road, Passed, approved and adopted this 5th day of stated that a list of concerns had been provided July, 2006. to Mr. Herrig and that the neighbors in opposi- Roy D. Buol, Mayor tion to the proposed rezoning had offered a Attest: Jeanne F. Schneider, CMC, City Clerk compromise of accepting the commercial Cline moved adoption of the Resolution. rezoning if it was located directly next to Wendell Seconded by Connors. Motion carried 7-0. Corey’s land. He explained that Mr. Herrig had not agreed to this. Michalski moved that the rules be reinstated After discussion, Michalski moved to receive limiting discussion to the Council. Seconded by and file the various communications and give Cline. Motion carried 7-0. first consideration and reading to the Ordinance, as proposed by Mr. Herrig with the C-3 classifi- Regular Session July 5, 2006 269 cation. Seconded by Cline. Motion carried 6-1 thereon, subject to the owners agreeing to the with Braig voting Nay. conditions noted in Section 3 below; and Whereas, said final plat has been examined by Requests for Voluntary Annexation (Tabled on the City Council and they find that it conforms to June 19, 2006): the statutes and ordinances relating to it, except The following items were left on the table with that no streets or public utilities have yet been no action taken at this meeting. constructed or installed. John and Sally Jo Herrig – Proof of publication NOW, THEREFORE, BE IT RESOLVED BY on notice of hearing to consider a request from THE CITY COUNCIL OF THE CITY OF DUBU- John and Sally Jo Herrig to voluntarily annex to QUE, IOWA: the City of Dubuque contingent on approval of Section 1. That the dedication of Helen Ridge the zoning and the annexation agreement; Court (Lot A), and the easements for public Dean and Patricia Butler – Proof of publication utilities, sanitary sewer and storm sewer as they on notice of hearing to consider a request from appear upon said final plat, be and the same are Dean and Patricia Butler to voluntarily annex to hereby accepted; and the City of Dubuque contingent on approval of Section 2. That the Final Plat of North Grand- the zoning and the annexation agreement, City view Estates No. 2 is hereby approved and the Manager recommending approval of the three Mayor and City Clerk are hereby authorized and voluntary annexation requests and submitting directed to endorse the approval of the City of the signed annexation agreements for the two Dubuque, Iowa, upon said final plat, provided properties, a Resolution approving application the owners of said property herein named, for voluntary annexation of territory owned by execute their written acceptance hereto attached John W. and Sally Jo Herrig, and a Resolution agreeing: approving application for voluntary annexation of (a) To reduce Helen Ridge Court (Lot A) to territory owned by Dean and Patricia Butler. grade and to construct concrete curb and gutter and to hard surface with asphaltic concrete, or Amendment to Development Agreement – with concrete paving with integral curb, all in North Grandview Estates: City Manager recom-accordance with the City of Dubuque standard mending approval of an amendment to the specifications, all in a manner acceptable to the existing development agreement for the North City Engineer, in conformance with construction Grandview Estates housing subdivision, pre-improvement plans approved by the City Engi- sented and read. Lynch moved that the commu-neer, and inspected by the City Engineer; nication be received and filed and approved (b) To install sanitary sewer and service recommendation. Seconded by Michalski. laterals, water mains and water service laterals Motion carried 7-0. into each individual lot, storm sewers and catch basins, boulevard street lighting and erosion North Grandview Estates – Final Plat: Zoning control devices all in accordance with the City of Advisory Commission recommending approval Dubuque standard specifications, all in a man- of the final plat of North Grandview Estates, ner acceptable to the City Engineer, and in presented and read. Connors moved that the accordance with construction improvement communication be received and filed. Seconded plans approved by the City Engineer, and by Braig. Motion carried 7-0. inspected by the City Engineer; (c) To construct said improvements, prior to RESOLUTION NO. 308-06 two (2) years from the date of acceptance of this APPROVING THE FINAL PLAT OF NORTH resolution, at the sole expense of the owners, or GRANDVIEW ESTATES NO. 2 IN THE CITY future owner; OF DUBUQUE, IOWA. (d) To construct storm water detention facili- Whereas, there has been filed with the City ties in a manner acceptable to the City Engineer, Clerk a Final Plat of North Grandview Estates in accordance with construction improvement No. 2 in the City of Dubuque, Iowa; and; plans approved by the City Engineer, prior to Whereas, upon said final plat appears a street grading associated with the proposed streets; to be known as Helen Ridge Court (Lot A), (e) To maintain the above public improve- together with certain public utility storm and ments, for a period of two (2) years from the sanitary sewer easements and storm water date of the acceptance of those improvements detention basins (Lots 10 and 12) all in North by the City of Dubuque, Iowa, at the sole ex- Grandview Estates No. 2, which the owner, by pense of the owners, or future owner; said final plat, has dedicated to the public And, further provided that said North Grand- forever; and view Estates, LLC, as owner of said property, Whereas, the preliminary plat has been shall secure the performance of the foregoing examined by the Zoning Advisory Commission conditions provided in this Section by providing and had its approval endorsed thereon; and guarantees in such form and with such sureties Whereas, said final plat has been reviewed by as may be acceptable to the City Manager of the the City Planner and had her approval endorsed City of Dubuque, Iowa. 270 Regular Session, July 5, 2006 Section 3. That the City’s residential street tion of the City Engineer to the City Council that width standard is hereby waived to allow con-all public improvements have been completed in struction of Helen Ridge Court with 27-foot of accordance with the improvement plans and City paving and 42-foot of right-of-way. Parking on standard specifications and accepted by City Helen Ridge Court shall be restricted to the Council Resolution. north and west sides of the street. Section 9. That in the event North Grandview Section 4. Sidewalk installation shall be the Estates, LLC fails to execute the acceptance responsibility of the owner abutting the public and furnish the guarantees provided in Section 2 rights-of-way, including lots with multiple fron-hereof within 180 days after the date of this tages, as required by City Code 41-161 through Resolution, the provisions hereof shall be null 41-164. The responsibility shall extend to all and void and the acceptance of the dedication successors, heirs and assignees. Sidewalk and approval the plat shall not be effective. installation will not be required until the devel- Passed, approved and adopted this 5th day of opment of the lot has been completed, except as July, 2006. required herein. In sparsely developed subdivi-Roy D. Buol, Mayor sions, sidewalks on developed lots will not be Attest: Jeanne F. Schneider, City Clerk required until 50% of the lots approved by the Connors moved adoption of the Resolution. plat have been developed. All vacant lots shall Seconded by Braig. Motion carried 7-0. have sidewalks installed upon development of 80% of the lots approved by the plat. Fiscal Year 2007 Special Projects Arts and Section 5. The developer will maintain the Culture Grants: Arts and Cultural Affairs Advi- detention facilities constructed as part of North sory Commission recommending the award of Grandview Estates Subdivision No. 2 until it has six Special Projects Arts and Culture Grants for been fully completed and 80% of the sum of the Fiscal Year 2007, presented and read. Michalski platted lots in the entire North Grandview Es-moved that the communication be received and tates No. 2 is fully developed and the remaining filed and recommendation approved. Seconded 20% of these lots have installed adequate by Connors. Motion carried 6-0 with Jones erosion control measures as approved by the abstaining. City. Upon the City’s acceptance of the deten- tion facility, the maintenance expenses incurred Acceptance of Quit Claim Deed: City Manager by the City of Dubuque for the storm water recommending approval of the acceptance of a detention facility (Lots 10 and 12) shall be Quit Claim Deed from the General Services assessed against the lot owners of North Administration (GSA) for the Federal Building to Grandview Estates No. 2, in equal amounts, and the City of Dubuque, presented and read. Lynch the City Manager shall certify such costs to the moved that the communication be received and City Clerk, who in turn shall promptly certify such filed. Seconded by Connors. Motion carried 7-0. costs to the Dubuque County Treasurer, and RESOLUTION NO. 309-06 such costs shall then be collected with and in ACCEPTING CONVEYANCE OF THE UNITED the same manner as general property taxes in STATES POST OFFICE AND COURTHOUSE accordance with provisions of law. (FEDERAL BUILDING) Section 6. That the City may install a portion of the sanitary sewer mains and sewer service Whereas, the City of Dubuque entered into an laterals into each individual lot. The costs Agreement with the General Services Adminis- associated with this installation shall be reim-tration of the United States of America to which bursed to the City from the developer, his the General Services Administration agreed to successors and assigns as each lot is sold, with convey The U.S. Post Office and Courthouse, a balloon payment at the end of five years from located at 350 West Sixth Street, Dubuque, the date of this resolution, all in accordance with Iowa, more specifically described as a rectangu- the development agreement between the City of lar shaped parcel approximately 259’ (wide) X Dubuque and North Grandview Estates, LLC. 183.5’ (long), described as Lots 139, 140, 101, Section 7. That the City may install a portion of 102, the north 54.5’ of Lot 138, the north 54.5’ of the water mains and service laterals into each Lot 103, City Lots. The Site is located in the individual lot. The costs associated with this northeast 1/4 of the southeast 1/4, section 25, installation shall be reimbursed to the City from Township 89 North, Range 2 East, Dubuque the developer, his successors and assigns as County, Iowa and contains approximately each lot is sold, with a balloon payment at the 47,526.5 square feet or 1.09 acres more or less end of five years from the date of this resolution, in the City of Dubuque, Dubuque County, Iowa, all in accordance with the development agree-as shown on the Plat of Survey thereof; and ment between the City of Dubuque and North Whereas, the General Services Administration Grandview Estates, LLC. has executed a conveyance of said property. Section 8. That the final acceptance of all public improvements shall occur upon certifica- Regular Session July 5, 2006 271 NOW, THEREFORE, BE IT RESOLVED BY City’s Comprehensive Plan and the purpose and THE CITY COUNCIL OF THE CITY OF DUBU-intent of the City’s Code of Ordinances. QUE, IOWA: NOW, THEREFORE, BE IT ORDAINED BY Section 1. The City Council of the City of THE CITY COUNCIL OF THE CITY OF DUBU- Dubuque, Iowa, hereby approves of, accepts QUE, IOWA: and consents to the Quit Claim from the General Section 1. Section 11-4 of the City of Dubuque Services Administration, copies of which are Code of Ordinances is hereby amended by attached hereto, as required by Iowa Code adding the following new subsection (h) as Section 569.7. follows: Section 2. The Mayor is hereby authorized (h) Demolition By Neglect Prohibited: The and directed to execute and acknowledge on owner of real property in any conservation behalf of the City of Dubuque any instruments in district shall preserve and keep from deteriora- connection herewith. tion all buildings and structures located on such th Passed, approved and adopted this 5 day of real property. The owner shall repair the building July, 2006. or structure to correct any of the following Roy D. Buol, Mayor defects found by the city's designated enforce- Attest: Jeanne F. Schneider, City Clerk ment officer: Lynch moved adoption of the Resolution. (1) Deteriorated or ineffective waterproofing of Seconded by Connors. Motion carried 7-0. exterior walls, roofs, foundations or floors, including broken windows and doors; Demolition by Neglect: Communication from (2) Defective or lack of weather protection for the Historic Preservation Commission recom-exterior wall coverings, foundations or floors, mending approval of an ordinance extending including broken windows and doors; Demolition by Neglect to conservation districts (3) Any default, defect or condition in the and to extend eligibility for the Historic Preserva-structure which renders it structurally unsafe or tion Revolving Loan Fund to conservation not properly watertight; or districts, presented and read. Michalski moved (4) Deterioration of any exterior feature so as that the communication be received and filed. to create a hazardous condition which could Seconded by Connors. Motion carried 7-0. make demolition necessary for the public safety. Section 2. This ordinance shall take effect An Ordinance amending Chapter 11 (Building immediately upon publication, as provided by Regulations) of the City of Dubuque Code of law. th Ordinances by amending Section 11-4 Demoli- Passed, approved and adopted this 5 day of tion Permits in Conservation Districts to prohibit July 2006. demolition by neglect, presented and read. /s/ Roy D. Buol, Mayor Attest: /s/ Jeanne F. Schneider, City Clerk OFFICIAL PUBLICATION Published officially in the Telegraph Herald th ORDINANCE NO. 53-06 newspaper this 14 day of July, 2006. AMENDING CHAPTER 11 (BUILDING REGU- /s/ Jeanne F. Schneider, City Clerk LATIONS) OF THE CITY OF DUBUQUE CODE 1t 7/14 OF ORDINANCES BY AMENDING SECTION Michalski moved that the requirement that a 11-4 DEMOLITION PERMITS IN CONSERVA- proposed Ordinance be considered and voted TION DISTRICTS TO PROHIBIT DEMOLITION on for passage at two Council Meetings prior to BY NEGLECT the meeting at which it is to be finally passed be Whereas, the Historic Preservation Commis-suspended. Seconded by Connors. Motion sion has recommended an amendment to carried 7-0. Michalski moved final consideration Chapter 11 (Building Regulations) of the City of and passage of the Ordinance. Seconded by Dubuque Code of Ordinances regarding prohibi-Braig. Motion carried 7-0. tion of demolition of neglect in conservation districts; and Code of Ordinances Chapter 34 – Parks and Whereas, the City of Dubuque has established Recreation: City Manager recommending conservation districts to allow for the City Coun-adoption of a revised Chapter 34 of the City of cil’s review of demolition permits that might Dubuque Code of Ordinances pertaining to impact buildings of historic or architectural parks and recreation, presented and read. significance in these districts; and Jones moved that the communication be re- Whereas, the City Council has appointed a ceived and filed. Seconded by Braig. Motion Historic Preservation Commission to review carried 7-0. demolition permits in conservation districts, and provide recommendations to the City Council; An Ordinance of the City of Dubuque, Iowa and providing that the Code of Ordinances, City of Whereas, the City Council finds that the Dubuque, Iowa, be amended by repealing recommended amendments to Chapter 11 are Chapter 34 thereof and enacting a new Chapter consistent with the goals and objectives of the 34 Parks and Recreation, presented and read. 272 Regular Session, July 5, 2006 OFFICIAL PUBLICATION recreation facilities. Such rules and regulations ORDINANCE NO 54-06 include are but not limited to: AN ORDINANCE OF THE CITY OF DUBUQUE, a. Opening and closing hours for the use of all IOWA PROVIDING THAT THE CODE OF park and recreation facilities by the general ORDINANCES, CITY OF DUBUQUE, IOWA BE public. AMENDED BY REPEALING CHAPTER 34 b. Establishment of fees, including the issuance THEREOF AND ENACTING A NEW CHAPTER of permits for public use of all park and 34 PARKS AND RECREATION recreation facilities. NOW, THEREFORE, BE IT ORDAINED BY (2) The establishment of rules and regulations THE CITY COUNCIL OF THE CITY OF for all recreational programs provided by the DUBUQUE, IOWA: City, including the establishment of fees for Section 1. That Chapter 34 of the Code of participation by the public in such activities. Ordinances of the City of Dubuque, Iowa be (1976 Code, § 27-18; Ord. 63-94, § 2, 11-7- amended by repealing Chapter 34 and enacting 1994) a new Chapter 34 in lieu thereof. Sec. 34-24. Cooperation With Other Agencies: Section 2. When Effective. This Ordinance In the conduct and operation of recreation shall take effect immediately upon publication as grounds and recreation programs, the Commis- provided by law. sion shall cooperate with the Dubuque Commu- Passed, approved and adopted this 5th day of nity School District, Archdiocese School System July, 2006. and all other groups interested in the promotion Roy D. Buol, Mayor and implementation of recreational activities Attest: Jeanne F. Schneider, CMC City Clerk which are in the best interest of the City. (1976 Chapter 34 Code, § 27-19) PARKS AND RECREATION Sec. 34-25. Solicitation And Acceptance Of ARTICLE I. IN GENERAL Donations: Secs. 34-1-34-10. (Reserved) The Commission may solicit donations and gifts ARTICLE II. ADMINISTRATION of money, personal and real property and DIVISION 1. GENERALLY personal services. All such donations and gifts Sec. 34-11. Park Rangers: shall become the property of the City for the Employees assigned duties from time to time as general support of park and recreation programs park rangers in the Leisure Services Department of the City unless such items have been desig- are designated as law enforcement officers nated by the donors for specific purposes. (1976 subject to the certification of the successful Code, § 27-20) completion of training at an approved law Sec. 34-26. Membership, Appointment: training facility. (1976 Code, § 27-11; Ord. 63-(a) The Commission shall comprise of seven (7) 94, § 1, 11-7-1994) persons who shall be appointed by the City Secs. 34-12-34-20. (Reserved) Council for terms of three (3) years. Four (4) DIVISION 2. PARK AND RECREATION ADVI-members of the Commission shall constitute a SORY COMMISSION quorum for the transaction of business. Sec. 34-21. Created: (b) The expiration date for all terms of office There is hereby created a Park and Recreation shall be June 30 of the appropriate year. Advisory Commission to have such powers and (1976 Code, § 27-21; Ord. 63-94, § 3, 11-7- responsibilities as hereinafter provided. (1976 1994) Code, § 27-16; Ord. 88-95, § 1, 12-18-1995, eff. Sec. 34-27. Attendance: 1-1-1996) (a) The attendance of all Commission members Sec. 34-22. Purpose: shall be entered upon the minutes of all meet- The purpose of the Commission is to: ings by the secretary. (1) Contribute to the general beautification of the (b) If a member does not attend at least two- City and assist in providing facilities for active thirds (2/3) of all regularly scheduled meetings and passive recreation through landscaping and within a twelve (12) month period it shall be maintaining park land and facilities; and grounds for the Commission to recommend to (2) Provide year round opportunities for orga-the City Council that the position be declared nized recreation activities for residents of all vacant and a replacement appointed. (1976 ages and social groups. (1976 Code, § 27-17) Code, § 27-22) Sec. 34-23. Powers: Sec. 34-28. Compensation: The responsibilities of the Commission are to Members of the Commission shall serve without advise the City Council on: compensation except for reimbursement of (1) The establishment of rules and regulations necessary expenses. (1976 Code, § 27-23) governing the use of all grounds and facilities Sec. 34-29. Organization: that have been or may be set aside as public (a) The officers of the Commission shall be a parks, playgrounds and other such park and chairperson, a vice chairperson and a secretary. Regular Session July 5, 2006 273 All officers shall be members of the Commis-Allison-Henderson Park sion. The American Trust River's Edge Plaza (b) At the first meeting in July of each year, the Avon Park Commission shall elect officers to serve one Burden Park year terms of office. All officers shall be eligible Caledonia Park to serve successive terms of office. (1976 Code, Cancer Survivor Park § 27-24) Cleveland Park Sec. 34-30. Meetings: Comiskey Park (a) The Commission shall meet not less than E.B. Lyons Prairie/Woodland Preserve bimonthly, after four thirty o'clock (4:30) P.M. on Eagle Valley Park a regularly scheduled day. Elmwood Green Park (b) Special meetings may be called by the Falk Park chairperson or at the written request of three (3) Flat Iron Park members. Gay Park (c) A copy of the minutes of all regular and Granger Creek Nature Trail special meetings of the Commission shall be Grant Park filed with the City Clerk within ten (10) working Harvest View Park days after each such meeting. (1976 Code, § Heritage Trail 27-25; Ord. 63-94, § 4, 11-7-1994) Hillcrest Park Secs. 34-33-34-40. Reserved: Hilltop Park Secs. 34-43-34-50. Reserved: Ice Harbor Park ARTICLE III. USE REGULATIONS Jackson Park Sec. 34-51. Definitions: Jefferson Park As used in this article, the following terms shall Madison Park have the following meanings: Marna Ridge Children's Forest Commission or the Commission: The park and Medical Associates Greenbelt recreation advisory commission of the city. Mississippi Riverwalk Parks or Parkways: Parks, parkways, buildings, Nicholas J. Sutton Swimming Pool park roads or driveways, and all public service Pet Park facilities or grounds, buildings and structures in Pinard Park and adjacent to the city, which are under the Pyatigorsk Park responsibility of the commission. (1976 Code, § Riley Park 27-46; Ord. 88-95, § 1, 12-18-1995, eff. 1-1-Rocco Buda Jr. Park 1996) Southern Park Sec. 34-52. Intoxicating Beverages: Teddy Bear Park (a) The consumption or use of "alcoholic liquors" Usha Park or "wine" as defined by chapter 123 of the code Valentine Park of Iowa or any type of wine product is prohibited Valley High Park in any public park or park and recreation facility Waller-Cooper Park including park roadways and parking lots. This Washington Park subsection shall not apply, however, to the Welu Park consumption or use of alcoholic liquors or wine Westbrook Park in Four Mounds park at an event sponsored or This subsection shall not apply, however, to the expressly approved by the Four Mounds founda-consumption or use of beer at public events tion, or at public events sponsored by nonprofit sponsored by nonprofit organizations held at organizations held at The American Trust River's The American Trust River's Edge Plaza or the Edge Plaza or the Mississippi Riverwalk and for Mississippi Riverwalk and for which a special which a special events permit has been issued, events permit has been issued, or at an event at or at an event at the Alliant Energy Amphitheater the Alliant Energy Amphitheater for which a for which a special events permit has been special events permit has been issued. issued. This subsection shall also not apply to the (b) The consumption of beer on any park road-consumption or use of beer in a park for an way or parking lot or in cars is prohibited at all event with the prior written approval of the city times. manager. (1976 Code, § 27-49; Ord. 63-94, § 7, (c) Where the use or consumption of beer is 11-7-1994; Ord. 47-95, § 1, 7-17-1995; Ord. 16- permitted, no beer in containers commonly 99, § 1, 3-1-1999; Ord. 42-00, § 1, 5-1-2000; referred to as "keg beer" shall be permitted at Ord. 20-03, §§ 1, 2, 4-7-2003) any time except by a licensed holder of a beer Sec. 34-53. Horsedrawn Vehicles, Riding Of permit who has obtained a permit from the City Animals Restricted: Manager authorizing the use of such container. Horsedrawn vehicles, riding horses or any other (d) The consumption or use of beer is prohibited domesticated animal used for such purposes in the following named parks: shall be prohibited in any park unless permission Alliant Energy Amphitheater is granted by the park and recreation advisory 274 Regular Session, July 5, 2006 commission of the city. (1976 Code, § 27-50; concession stands authorized by the commis- Ord. 88-95, § 1, 12-18-1995, eff. 1-1-1996) sion. (1976 Code, § 27-61) Sec. 34-54. Dogs, Cats, And Other Domestic Sec. 34-62. Possession Of Firearms, Weapons Animals: And Fireworks: No person shall be permitted to bring into any (a) The possession of firearms, air rifles, bows park, any dog, cat or other domestic animal, nor and arrows, pellet guns slingshots, or fireworks shall any person permit such dog, cat or other of any description by any person within the limits domestic animals to run at large in any park. of any park or parkway is hereby prohibited. Any unattended animal shall be impounded and (b) Nothing herein shall prohibit the hunting with its owner may redeem the same upon paying bow and arrow of deer by persons licensed by the reasonable costs of such impoundment. and during the period of time authorized by the Notwithstanding the foregoing, leashed dogs Iowa Department of Natural Resources and and cats shall be permitted in the following: issued a permit by the City. (1976 Code, § 26-7; Miller - Riverview Park Ord. 55-97, § 1, 10-6-1997; Ord. 39-98, § 1, 6- Granger Creek nature trail 15-1998; Ord. 79-99, § 1, 9-20-1999) (1976 John G. Bergfeld recreation area (1976 Code, § Code, § 27-62) 27-51; Ord. 7-00, § 1, 1-17-2000) Sec. 34-63. Climbing On Fences, Roofs, Etc.: Medical Associates Greenbelt Park No person shall climb, damage, tamper with, Unleashed pets shall be permitted in the Pet stand or sit on any fence, rail or any other Park. structure not intended for such use in any park Sec. 34-55. Walking On Grass: or parkway. The climbing of buildings and going No person shall go on foot or otherwise upon the on roofs, either with ladders or from the inside of grass or turf of any park or parkway where any the buildings through the windows or any other prohibitory sign is posted. (1976 Code, § 27-54) way is forbidden. Climbing over ledges in ledge Sec. 34-56. Throwing Stones, Etc.: gardens by any person is prohibited. (1976 No person shall throw any stone or any other Code, § 27-63) missile within any park or parkway. (1976 Code, Sec. 34-64. Moving Benches And Tables: § 27-55) No person shall move benches, seats and tables Sec. 34-57. Interfering With Animals: from any building or to any building in any park No person shall kill, trap, tease, annoy, disturb, or parkway without first securing permission of feed or interfere with any bird or other fowl, the City Manager. (1976 Code, § 27-64; Ord. 63- animals or fish in any park or parkway. No 94, § 8, 11-7-1994) person shall rob, injure or destroy the nest of Sec. 34-66. Use Of Spotlights, Searchlights: any bird or any other fowl. (1976 Code, § 27-56; It shall be unlawful for any person, except Ord. 88-95, § 1, 12-18-1995, eff. 1-1-1996) regular park employees, to operate or manipu- Sec. 34-58. Unlawful Deposits: late in any park or upon any parkway any No person shall throw, deposit, place or leave in spotlight or searchlight. (1976 Code, § 27-66) any park or parkway any paper, rubbish, waste Sec. 34-67. Reserved: or refuse of any kind or nature, but shall deposit (Ord. 16-99, § 2, 3-1-1999) the same in the receptacles provided for such Sec. 34-68. Meetings and Gatherings: materials in the parks or parkways. (1976 Code, Buildings for group gatherings may be reserved § 27-57) during the open park season by contacting the Sec. 34-59. Obstructions: park and recreation office. Such reservations No person shall place or suffer to remain in any can be made after January 1 for that year's park park or parkway any goods, wares, merchandise season. Buildings shall be cleaned up after use or other articles in the nature of any obstruction by the party reserving the same. Litter, cans, to the free use and enjoyment of such park or paper, waste and refuse shall be deposited in parkway without written permission from the receptacles provided therefore. (1976 Code, § park and recreation advisory commission of the 27-68; Ord. 40-93, § 3, 7-6-1993; Ord. 63-94, § city. (1976 Code, § 27-58; Ord. 88-95, § 1, 12-11, 11-7-1994) 18-1995, eff. 1-1-1996) Sec. 34-69. Fires: Sec. 34-60. Posting Bills, Etc.: No person shall start any fire in any park or upon No person shall post, paste, fasten, paint or affix any parkway, except that small fires may be any placard, bill, notice or sign upon any struc-made in the places in parks provided by the City ture, tree, stone, fence, thing, or enclosure along for that purpose. Every person who starts or or within any park or parkway. (1976 Code, § uses any such fire is hereby charged with the 27-59) duty of completely extinguishing such fire before Sec. 34-61. Sales Restricted: leaving it. (1976 Code, § 27-69; Ord. 63-94, § No person shall sell or offer for sale any article 12, 11-7-1994) or service whatsoever in any park or parkway. Sec. 34-70. Loosening Stones From Bluffs The provisions of this section shall not apply to Prohibited: sales of refreshments or any other articles from Regular Session July 5, 2006 275 No person shall loosen stones from bluffs and Allison-Henderson Park rolling or throwing the same down the face of the Avon Park bluff. (1976 Code, § 27-70) John G. Bergfeld Recreation Area Sec. 34-71. Washing Vehicles: Burden Park No person shall wash any motor vehicle, motor-Cancer Survivor Park cycle or scooter in any city park. (1976 Code, § Caledonia Park 27-71; Ord. 63-94, § 13, 11-7-1994) Cleveland Park Sec. 34-72. Compliance With Motor Vehicle Comiskey Park Laws, Ordinances: Eagle Valley Park No person in a park or parkway shall fail to Elmwood Green Park comply with all applicable provisions of the Falk Park motor vehicle's law of the state in regard to Flat Iron Park equipment and operation of motor vehicles Flora Park together with such regulations as are contained Gay Park in this article and other ordinances of the city. Granger Creek Nature Trail (1976 Code, § 27-72) Grant Park Sec. 34-73. Removal Of Unattended Vehicles Harvest View Park Left After Closing Hours: Heritage Trail Any motor vehicle left unattended in any of the Hillcrest Park parks after closing thereof shall be deemed Hilltop Park abandoned and the City Manager or the park Ice Harbor Park ranger shall cause the same to be towed from Jackson Park such park and the same shall not be redeemed Jefferson Park by the owner or the person responsible therefore Madison Park until the reasonable towing charges and storage Marna Ridge Children's Forest fees are paid. (1976 Code, § 27-73; Ord. 63-94, Medical Associates Greenbelt § 14, 11-7-1994) Oakwood Park Sec. 34-74. Open Season And Hours Generally: Pet Park (a) No person shall enter or remain in any park Pinard Park or park and recreation facility other than during Pyatigorsk Park the season and hours designated in this section. Riley Park (b) For the purposes of this section, the regular Rocco Buda Jr. Park park season shall mean from the first Saturday Southern Park in May through the fourth Sunday of October. Teddy Bear Park The Pet Park shall be open year-round. Usha Park (c) Eagle Point Park and Louis Murphy Park Valentine Park shall be open for use by the public from seven Valley High Park o'clock (7:00) A.M. to ten o'clock (10:00) P.M. Waller-Cooper Park Sunday through Thursday, and from seven Washington Park o'clock (7:00) A.M. to eleven o'clock (11:00) Welu Park P.M. Friday and Saturday during the regular Westbrook Park park season. (i) Miller-Riverview park shall be open for use by (d) Marshall Park and the public use area of the public from seven o'clock (7:00) A.M. until Franklin D. Roosevelt Park shall be open to the ten o'clock (10:00) P.M. daily, and only regis- general public from seven o'clock (7:00) A.M. to tered campers shall be permitted in the area at sunset daily during the regular park season. all other hours. (e) Gerald "Red" McAleece park and recreation (j) The city manager or authorized representa- complex and Veterans' Memorial park shall be tive shall have the authority to close any or all open for use by the public from seven o'clock parks, park and recreation facilities, park road- (7:00) A.M. to twelve o'clock (12:00) midnight ways and park parking lots before scheduled daily. closing hours at times it is deemed necessary in (f) Bunker Hill golf course shall be open for use the interest and safety of the public. by the public from seven o'clock (7:00) A.M. to (k) The following parks shall be open for use by eleven o'clock (11:00) P.M. daily, March through the public twenty four (24) hours per day: November. Alliant Energy Amphitheater (g) Flora park swimming pool and Nicholas J. The American Trust River's Edge Plaza Sutton swimming pool shall be open for use by Mississippi Riverwalk (1976 Code, § 27-74; Ord. the public from six o'clock (6:00) A.M. to ten 63-94, § 15, 11-7-1994; Ord. 16-99, § 3, 3-1- o'clock (10:00) P.M. daily, June through August. 1999; Ord. 20-03, §§ 3, 4, 4-7-2003) (h) The following parks and park and recreation Secs. 34-75-34-85. Reserved: facilities shall be open for use by the public from ARTICLE IV. SPECIFIC PARKS seven o'clock (7:00) A.M. to ten o'clock (10:00) Sec. 34-86. Alliant Energy Amphitheater: P.M. daily: 276 Regular Session, July 5, 2006 The following described parcel of real estate is jurisdiction of the Park and Recreation Advisory and shall be used for public park purposes and Commission: shall be continued to be known, called and Lot 1 of Lot 1 of Lot 3 northeast quarter, Section named as "Alliant Energy Amphitheater" and 13, Township 89 North, Range 2 East in the City placed under the jurisdiction of the Park and of Dubuque, Iowa. Recreation Advisory Commission: (1976 Code, § 27-109; Ord. 88-95, § 1, 12-18- The area of the Port of Dubuque west of the 1995, eff. 1-1-1996; Ord. 16-99, § 10, 3-1-1999) Mississippi Riverwalk, south of the railroad Sec. 34-92. Caledonia Park: tracks east of Bell Street, and adjacent to the The following described parcel of real estate is former Dubuque Star Brewery. and shall be used for public park purposes and (Ord. 20-03, § 11, 4-7-2003) shall be continued to be known, called and Sec. 34-87. Allison-Henderson Park: named as "Caledonia Park" and placed under The following described parcel of real estate is the jurisdiction of the Park and Recreation and shall be used for public park purposes and Advisory Commission: shall be continued to be known, called and Lot 38 of Kelly's Subdivision in the City of named as "Allison-Henderson Park" and placed Dubuque, Iowa. under the jurisdiction of the Park and Recreation (1976 Code, § 27-93; Ord. 88-95, § 1, 12-18- Advisory Commission: Lots 1, 18, 19, 20, 21 and 1995, eff. 1-1-1996; Ord. 16-99, § 4, 3-1-1999) 22 of Pinehurst Subdivision in the City of Dubu-Sec. 34-93. Cleveland Park: que, Iowa. The following described parcel of real estate is (1976 Code, § 27-100; Ord. 88-95, § 1, 12-18-and shall be used for public park purposes and 1995, eff. 1-1-1996) shall be continued to be known, called and Sec. 34-88. Avon Park: named as "Cleveland Park" and placed under The following described parcel of real estate is the jurisdiction of the Park and Recreation and shall be used for public park purposes and Advisory Commission: shall be continued to be known, called and South two-thirds of City Lot 695 and Lots 35, 36, named as "Avon Park" and placed under the 37 and east 20 feet of Lot 38 of Union Addition jurisdiction of the Park and Recreation Advisory in the City of Dubuque, Iowa. Commission: (1976 Code, § 27-108; Ord. 88-95, § 1, 12-18- Lots 6 through 10 of Mary Ann McDaniel's 1995, eff. 1-1-1996) Subdivision of parts of Lots 823 and 824 of A. Sec. 34-94. Comiskey Park: McDaniel's Subdivision in the City of Dubuque, The following described parcel of real estate is Iowa. and shall be used for public park purposes and (1976 Code, § 27-101; Ord. 88-95, § 1, 12-18-shall be continued to be known, called and 1995, eff. 1-1-1996) named as "Comiskey park" and placed under Sec. 34-89. A.Y. McDonald Park the jurisdiction of the park and recreation advi- The following described parcel of real estate is sory commission: and shall be used for public park purposes and Lots 1 through 23, Lots 24 through 46 and the shall be continued to be known, called and intervening alley in Boulevard Addition of the named as “A.Y. McDonald Park” and placed City of Dubuque, Iowa. (1976 Code, § 27-92; under the jurisdiction of the Park and Recreation Ord. 88-95, § 1, 12-18-1995, eff. 1-1-1996) Advisory Commission: Sec. 34-95. Eagle Point Park And Ham House Blocks 1, 2, 3, 4 and 5 in River Front Subdivision Museum: No. 3 The following described parcel of real estate is Sec. 34-90. Bunker Hill Golf Course: and shall be continued to be known, called and The following described parcel of real estate is named as "Eagle Point park" and includes the and shall be continued to be known, called and land upon which the Ham house museum is named as "Bunker Hill Golf Course" and placed situated and placed under the jurisdiction of the under the jurisdiction of the Park and Recreation Park and Recreation Advisory Commission: Advisory Commission: Lot 1 through Lot 7 in Berendes Subdivision; Lot Part of Lot 2 in Highland Farms Addition; Lot 16 2 in Chris Braun's Place; Lot 1 of Lot 1 of Lot 2 in Pfohl's Subdivision; Mineral Lots 189, 200, of Lot 2A in Clark's Subdivision; Lot 2 of Lot 1, 201, 202, 210, 270, 336 and 370, and parts of Lot 2 of Lot 1 of Lot 1, and Lot 2 in Eagle Point Mineral Lots 190, 265 and 340, all in the City of View; Lot 2 of Lot 6, Lot 2 of Lot 1 of Lot 6, and Dubuque, Iowa. Lot 107 through Lot 124 in Fountain Hill Resub- (1976 Code, § 27-120; Ord. 88-95, § 1, 12-18-divisions; Lot 529 through Lot 534 in Ham's 1995, eff. 1-1-1996) Addition; Lot 503 through Lot 515 in Ham's Sec. 34-91. Burden Park: Addition (Eagle Point); Lot 2 of Lot 221, Lot 1 of The following described parcel of real estate is Lot 222, Lot 223 and Lot 224 in Julien Addition; and shall be used for public park purposes and Lot 1 of Lot 6 in Katherine Place; Lot 2 of Lot 1 shall be continued to be known, called and of Lot 1 of Lot 1 in Potter Place; Lot 1 through named as "Burden Park" and placed under the Lot 10 in Potter's Shiras Avenue Place; Lot 1 of Regular Session July 5, 2006 277 Lot 2 of Lot 2 of Lot 3 and Lot 2 of Lot 3 in under the jurisdiction of the Park and Recreation Shiras Subdivision; and parts of Mineral Lots Advisory Commission: 305A, 308, 309A, 310, 311 and 312, all in the A triangularly shaped area bounded on the City of Dubuque, Iowa. easterly side by Main Street, on the southerly (1976 Code, § 27-119; Ord. 88-95, § 1, 12-18-side by Jones Street and on the westerly side by 1995, eff. 1-1-1996) Shields Street. Sec. 34-96. Eagle Valley Park (1976 Code, § 27-98; Ord. 88-95, § 1, 12-18- The following described parcel of real estate is 1995, eff. 1-1-1996) and shall be used for public park purposes and Sec. 34-101. Flora Park: shall be continued to be known, called and Except for the appurtenant easements of right of named as “Eagle Valley Park” and placed under way and a strip along Pennsylvania Street the jurisdiction of the Park and Recreation twenty feet (20') in width, the following real Advisory Commission: estate in the west end of the city: Lot C of Block 3 of Eagle Valley Subdivision. Sylvester Place: Lot 1 of 4 of Mineral Lot 260; Sec. 34-97. E.B. Lyons Prairie/Woodland Lot 2 of 1 of 2 of 4 of Mineral Lot 260; Lot 2 of 2 Preserve: of 4 of Mineral Lot 260; Lot 2 of 2 of Mineral Lot (a) The following described real estate is hereby 259; Lot 1 of 2 of Mineral Lot 259; Lot 1 of 1 of 1 placed under the control of the jurisdiction and of 1 of 1 of 2 of J. P. Metel's Subdivision is management of the park and recreation advisory hereby set apart as a public park to be known as commission of the city: "Flora park" under the jurisdiction and control of Lots 2 and 3 of the northeast one-quarter of the the park and recreation advisory commission. southeast one-quarter of section 1, township 88 (1976 Code, § 27-89; Ord. 88-95, § 1, 12-18- north, range 2 east of fifth prime meridian; Lots 2 1995, eff. 1-1-1996) and 3 of the northwest one-quarter of the Sec. 34-102. Four Mounds: southwest one-quarter, Lots 2 and 3 of the The following described parcels of real estate northeast one-quarter of the southwest one-shall be used for public park purposes and shall quarter, and Lot 2 of Lot 1 of the southwest one-be hereinafter collectively known, called and quarter of the southwest one-quarter; of section named "Four Mounds": 6, township 88 north, range 3 east of the fifth Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 1, and Lot 1 prime meridian in Dubuque County, Iowa, of Lot 1 of Lot 2 of Lot 1, both of the Subdivision according to the respective recorded plats of: "Lot 1 of Lot 7 of the southwest one-quarter thereof. of Section 1, the southwest one-quarter of the (b) Such real estate shall be known, called and northwest one-quarter of Section 1 and Gov- named as "the E.B. Lyons Prairie/Woodland ernment Lot 1 (or Mineral Lot 331) of Section 1, Preserve" and accordingly such real estate is so Township 89 North, Range 2 East of the fifth permanently named. (1976 Code, § 27-88; Ord. principal meridian." 88-95, § 1, 12-18-1995, eff. 1-1-1996) Lot 2 of the northwest one-quarter of the north- Sec. 34-98. Elmwood Green Park: west one-quarter of Section 1, Township 89 The following described parcel of real estate is North, Range 2 East of the fifth principal meri- and shall be used for public park purposes and dian, all in the City of Dubuque, Iowa, and Lot 16 shall be continued to be known, called and of "John Deere Dubuque Tractor Works" in named as "Elmwood Green Park" and placed Dubuque Township, and Lot 2 of Lot 1 of Lot 1 under the jurisdiction of the Park and Recreation of Lot 2 of Lot 2 of Section 2, both in Township Advisory Commission: 89 North, Range 2 East of the fifth principal Lot 2-2-2 of Mineral Lot 349 in the City of Dubu-meridian, according to the United States Gov- que, Iowa. ernment Survey and the recorded plats thereof, (Ord. 16-99, § 13, 3-1-1999) subject to easements of record. Sec. 34-99. Falk Park: (1976 Code, § 27-91) The following described parcel of real estate is Sec. 34-103. Franklin Delano Roosevelt Park: and shall be used for public park purposes and The following described parcel of real estate is shall be continued to be known, called and and shall be used for public park purposes and named as "Falk Park" and placed under the shall be continued to be known, called and jurisdiction of the Park and Recreation Advisory named as "Franklin Delano Roosevelt (FDR) Commission: Park" and placed under the jurisdiction of the Lot 23 in Falks Subdivision in the City of Dubu-Park and Recreation Advisory Commission: que, Iowa. Lot 1 of the west half of the northeast one- (1976 Code, § 27-104; Ord. 88-95, § 1, 12-18-quarter of Section 4, Township 88 North, Range 1995, eff. 1-1-1996; Ord. 16-99, § 6, 3-1-1999) 2 East of fifth principal meridian in Dubuque Sec. 34-100. Flat Iron Park: County, Iowa and Mineral Lots 272 and 273, Lot The following described parcel of real estate is 1 of Mineral Lot 271, Lot 1 of Mineral Lot 274, and shall be used for public park purposes and and Lot 1 of Mineral Lot 276 in Dubuque Town- shall be continued to be known, called and ship, Dubuque County, Iowa. named as "Flat Iron Park" (Phoenix) and placed 278 Regular Session, July 5, 2006 (1976 Code, § 27-110; Ord. 88-95, § 1, 12-18-Lot A of Harvest View Estates First Addition. 1995, eff. 1-1-1996) (Ord. 20-03, § 8, 4-7-2003) Sec. 34-104. Gay Park: Sec. 34-109. Heritage Trail: The following described parcel of real estate is The following described parcel of real estate is and shall be used for public park purposes and and shall be used for public park purposes and shall be continued to be known, called and shall be continued to be known, called and named as "Gay Park" and placed under the named as "Heritage Trail" and placed under the jurisdiction of the Park and Recreation Advisory jurisdiction of the Park and Recreation Advisory Commission: Commission: Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 in A linear piece of property from 22nd to 32nd Young Primrose Place and Lots 3 and 4 in Streets along Elm Street, in the City of Dubuque, Grommersch Place, all in the City of Dubuque, Iowa. Iowa. (Ord. 16-99, § 13, 3-1-1999) (1976 Code, § 27-106; Ord. 88-95, § 1, 12-18-Sec. 34-110. Hillcrest Park: 1995, eff. 1-1-1996; Ord. 16-99, § 8, 3-1-1999) The following described parcel of real estate is Sec. 34-105. Gerald “Red” McAleece Park and and shall be used for public park purposes and Recreation Complex: shall be continued to be known, called and The following described parcel of real estate named as "Hillcrest Park" and placed under the commonly referred to as "area C", "Hamm jurisdiction of the Park and Recreation Advisory Island", and "City Island" shall be hereinafter Commission: known, called and named as “Gerald “Red” Lot 1 of Lot 4 of Mineral Lot 261 in the City of McAleece Park and Recreation Complex”: Dubuque, Iowa. Those portions of Mineral Lots 294, 295, Lots 1 (1976 Code, § 27-105; Ord. 88-95, § 1, 12-18- and 2 of 296, 297, 298, 299 and 300 and Gov-1995, eff. 1-1-1996; Ord. 16-99, § 7, 3-1-1999) ernment Lot 1, located in Sections 17, 18, 19 Sec. 34-111. Hilltop Park: and 20, Town 89 North, Range 3 East in the City The following described parcel of real estate is of Dubuque, Dubuque County, Iowa, and and shall be used for public park purposes and bounded by Lake Peosta Channel and the shall be continued to be known, called and Mississippi River. named as "Hilltop Park" and placed under the (1976 Code, § 27-90) jurisdiction of the Park and Recreation Advisory Sec. 34-106. Granger Creek Nature Trail: Commission: The following described parcel of real estate is West one-half of Lot 1 of the south one-third of and shall be used for public park purposes and Lots 34 and 35; west 127 feet and 6 inches of shall be continued to be known, called and Lot 1 of Lot 2 of the south one-third of Lots 34 named as "Granger Creek nature trail" and and 35; west one-half of Lot 2 of Lot 2 of the placed under the jurisdiction of the Park and south one-third of Lots 34 and 35; west one-half Recreation Advisory Commission: of the north one-half of Lot 36; west one-half of Area surrounding Dubuque Technology Park at the south one-half of Lot 36; west one-half of Lot corner of Highways 151/61 and Lake Eleanor 2 of Lot 37; Lot 1 of Lot 1 of Lot 37; Lot 2 of Lot Road. 2 of Lot 1 of Lot 37 all in Kelly's Subdivision in (Ord. 16-99, § 13, 3-1-1999) the City of Dubuque, Iowa. Sec. 34-107. Grant Park: (1976 Code, § 27-112; Ord. 88-95, § 1, 12-18- The following described parcel of real estate is 1995, eff. 1-1-1996; Ord. 16-99, § 11, 3-1-1999) and shall be used for public park purposes and Sec. 34-112. Ice Harbor Park: shall be continued to be known, called and The following described parcel of real estate is named as "Grant Park" and placed under the and shall be used for public park purposes and jurisdiction of the Park and Recreation Advisory shall be continued to be known, called and Commission: named as "Ice Harbor park" and placed under A triangularly shaped area bounded on the the jurisdiction of the Park and Recreation easterly side by Locust Street, on the westerly Advisory Commission: side by Bluff Street, and on the southerly side by The area of the Port of Dubuque between the Fifteenth Street. Portside Building and the National Mississippi (1976 Code, § 27-97; Ord. 88-95, § 1, 12-18-River Museum and Aquarium. 1995, eff. 1-1-1996) (Ord. 20-03, § 12, 4-7-2003) Sec. 34-108. Harvest View Park: Sec. 34-113. Jackson Park: The following described parcel of real estate is The following described parcel of real estate is and shall be used for public park purposes and and shall be used for public park purposes and shall be continued to be known, called and shall be continued to be known, called and named as "Harvest View Park" and placed named as "Jackson Park" and placed under the under the jurisdiction of the Park and Recreation jurisdiction of the Park and Recreation Advisory Advisory Commission: Commission: Regular Session July 5, 2006 279 An area bounded on the westerly side by Main in L.H. Langworthy Addition, all in the City of Street, on the southerly side by Fifteenth Street, Dubuque, Iowa. on the easterly side by Iowa Street and on the (1976 Code, § 27-116; Ord. 88-95, § 1, 12-18- northerly side by the south property line of City 1995, eff. 1-1-1996) Lot 746 of the original township, all in the City of Sec. 34-118. Marna Ridge Children's Forest: Dubuque, Iowa. The following described parcel of real estate is (1976 Code, § 27-99; Ord. 88-95, § 1, 12-18-and shall be used for public park purposes and 1995, eff. 1-1-1996) shall be continued to be known, called and Sec. 34-114. Jefferson Park: named as "Marna Ridge Children's Forest" and The following described parcel of real estate is placed under the jurisdiction of the Park and and shall be used for public park purposes and Recreation Advisory Commission: shall be continued to be known, called and Lot A of Lot B, Block 1 of Marna Ridge Estates named as "Jefferson Park" and placed under the 2, as comprised of Mildreds Addition in the City jurisdiction of the Park and Recreation Advisory of Dubuque, Iowa. Commission: (Ord. 16-99, § 13, 3-1-1999) Lots 38, 39, 40 and east 21 feet of Lot 41 of Sec. 34-119. Marshall Park: Farley's Subdivision in the City of Dubuque, The following described parcel of real estate is Iowa. and shall be used for public park purposes and (1976 Code, § 27-102; Ord. 88-95, § 1, 12-18-shall be continued to be known, called and 1995, eff. 1-1-1996) named as "Marshall Park" and placed under the Sec. 34-115. John G. Bergfeld Recreation Area: jurisdiction of the Park and Recreation Advisory The following described parcel of real estate is Commission: and shall be used for public park purposes and Northwest one-quarter of the southeast one- shall be continued to be known, called and quarter of the southwest one-quarter of Section named as "John G. Bergfeld Recreation Area" 10, Township 89 North, Range 2 East of the fifth and placed under the jurisdiction of the Park and principal meridian according to the United States Recreation Advisory Commission: Government Survey thereof, and the southwest Lot C of the Dubuque Industrial Center West. quarter of the southwest quarter of Section 10, (Ord. 6-00, § 1, 1-17-2000) Township 89 North, Range 2 East of the fifth Sec. 34-116. Louis Murphy Park: principal meridian according to the United States The following described parcel of real estate is Government Survey thereof, also right-of-way and shall be continued to be known, called and over the westerly 20 feet of Lot 1 of the subdivi- named as "Louis Murphy Park", also formerly sion of Lot 1 of 1 of 1 of Mineral Lot 390, Lot 2 of known as Grandview Park, and placed under the 1 of Mineral Lot 386 and Lot 2 of Mineral Lot 380 jurisdiction of the Park and Recreation Advisory according to the recorded plats thereof, all in the Commission: City of Dubuque, Iowa. That part of Lots 1, 2 and 4 of Mineral Lot 37 (1976 Code, § 27-94; Ord. 88-95, § 1, 12-18- lying southerly of Highway 61; that part of Lots 1995, eff. 1-1-1996) 1, 2, 3, 4 and 5 of O'Connor's Subdivision lying Sec. 34-120. Medical Associates Greenbelt: southerly of Highway 61; westerly 42 feet of Lot The following described parcel of real estate is 2 and the westerly 42 feet of Lot 2 of Lot 15 in and shall be used for public park purposes and Summer Hill Addition; Lots 14, 15, 16 and 17 in shall be continued to be known, called and Rowan's Addition; Lot 1 of Lot 1 of the subdivi-named as "Medical Associates greenbelt" and sion of Mineral Lot 36A; Lot 1 of Lot 2 of Mineral placed under the jurisdiction of the Park and Lot 38; and that part of Lot 6 and all of Lots 7, 8, Recreation Advisory Commission: 9, 10, 11, 12 and 13 lying easterly of Highway Lot 11 of Medical Associates Subdivision in the 61, all in the City of Dubuque, Iowa. City of Dubuque, Iowa. (1976 Code, § 27-117; Ord. 88-95, § 1, 12-18-(Ord. 16-99, § 13, 3-1-1999) 1995, eff. 1-1-1996) Sec. 34-121. Miller-Riverview Park: Sec. 34-117. Madison Park: The following described parcel of real estate is The following described parcel of real estate is and shall be known, called and named as and shall be continued to be known, called and "Miller-Riverview Park" and placed under the named as "Madison Park" and placed under the jurisdiction of the Park and Recreation Advisory jurisdiction of the Park and Recreation Advisory Commission: Commission: That part of Chaplain Schmitt Memorial Island Lots 32, 33, and 34 of the Subdivision of Lots located northerly of the Dubuque greyhound 676 and 677 in L.H. Langworthy Addition; Lot 5 racing facility and easterly of the wetlands area of the Subdivision of Lot 674 in L.H. Langworthy extending easterly an average of approximately Addition; Lot 1 of Lot 2 of the Subdivision of Lots four hundred (400) feet more or less to the 676 and 677 in L.H. Langworthy Addition; Lot 3 Mississippi River. of Lot 3 of the Subdivision of Lots 676 and 677 (1976 Code, § 27-114; Ord. 68-93, §§ 1, 2, 12- in L.H. Langworthy Addition; and two (2) un-20-1993; Ord. 63-94, § 18, 11-7-1994; Ord. 88- numbered Lots lying between Lots 677 and 678 95, § 1, 12-18-1995, eff. 1-1-1996) 280 Regular Session, July 5, 2006 Sec. 34-122. Mississippi Riverwalk: The following described parcel of real estate is The following described parcel of real estate is and shall be used for public park purposes and and shall be used for public park purposes and shall be continued to be known, called and shall be continued to be known, called and named as "Pinard Park" and placed under the named as "Mississippi Riverwalk" and placed jurisdiction of the Park and Recreation Advisory under the jurisdiction of the Park and Recreation Commission: Advisory Commission: Lots 138, 139 and 140 in Glendale Addition No. The walkway on the floodwall between The 2 in the City of Dubuque, Iowa. American Trust River's Edge Plaza and the (Ord. 16-99, § 13, 3-1-1999) Alliant Energy Amphitheater. Sec. 34-128. Pyatigorsk Park: (Ord. 20-03, § 10, 4-7-2003) The following described parcel of real estate is Sec. 34-123. Nicholas J. Sutton Swimming Pool: and shall be used for public park purposes and The following described parcel of real estate is shall be continued to be known, called and and shall be continued to be known, called and named as “Pyatigorsk Park” and placed under named as "Nicholas J. Sutton Swimming Pool" the jurisdiction of the Park and Recreation and placed under the jurisdiction of the Park and Advisory Commission: Recreation Advisory Commission: Area located at the northeast corner of Sixteenth Part of Lots 44, 45, 46, 47, 48, 331, 332 and 333 Street and Kerper Boulevard, west of the Jay- in Ham's Addition; that part of vacated Garfield cees trail and south of the Highway 151 Bridge. Avenue lying adjacent to Lots 45, 46, 331 and Sec. 34-129. Reserved: 332 in Ham's Addition; that part of vacated Sec. 34-130. Reserved: Summer Street lying adjacent to Lots 44, 45, 46, Sec. 34-131. Reserved: 47, 48, 331, 332 and 333 in Ham's Addition; and (Ord. 16-99, § 12, 3-1-1999) that part of the vacated alley lying adjacent to Sec. 34-132. Riley Park: Lots 46 and 47 in Ham's Addition, all in the City The following described parcel of real estate is of Dubuque, Iowa. and shall be used for public park purposes and (1976 Code, § 27-121; Ord. 88-95, § 1, 12-18-shall be continued to be known, called and 1995, eff. 1-1-1996; Ord. 20-03, § 5, 4-7-2003) named as "Riley Park" and placed under the Sec. 34-124. Oakwood Park: jurisdiction of the Park and Recreation Advisory The following described parcel of real estate is Commission: and shall be used for public park purposes and Lot E of Crescent Heights Subdivision. (Ord. 20- shall be continued to be known, called and 03, § 7, 4-7-2003) named as "Oakwood Park" and placed under Sec. 34-133. Rocco Buda Jr. Park: the jurisdiction of the Park and Recreation The following described parcel of real estate is Advisory Commission: and shall be used for public park purposes and Lot 2 Oakwood Park Subdivision and Lot 1 of shall be continued to be known, called and Lot 1 of Lot 1 of Heim Subdivision, both in the named as "Rocco Buda Jr. park" and placed City of Dubuque, Iowa. under the jurisdiction of the Park and Recreation (1976 Code, § 27-95; Ord. 88-95, § 1, 12-18-Advisory Commission: 1995, eff. 1-1-1996) Lot 1 of 1 of 1 of 810 A McDaniels Subdivision. Sec. 34-125. Park Tree Farm: (Ord. 16-99, § 13, 3-1-1999) The following described parcel of real estate is Sec. 34-134. Southern Park: and shall be continued to be known, called and The following described parcel of real estate is named as "Park Tree Farm" and placed under and shall be used for public park purposes and the jurisdiction of the Park and Recreation shall be continued to be known, called and Advisory Commission: named as "Southern Park" and placed under the Lots 503 and 515 in Ham's Addition of the City jurisdiction of the Park and Recreation Advisory of Dubuque, Iowa. Commission: (1976 Code, § 27-113; Ord. 88-95, § 1, 12-18-Beginning at the NW Corner of Lot 1 of said 1995, eff. 1-1-1996) John Breakey's Addition; thence S46° 22 3/4'W, Sec. 34-126. Pet Park 315.98 ft., along the Northwesterly line of said The following described parcel of real estate is John Breakey's Addition; thence S81° 01 1/4W', and shall be used for public park purposes and 12.72 ft.; thence S38° 47 3/4'E, 64.04 ft.; thence shall be continued to be known, called and S51° 12 1/4'W, 46.36 ft.; thence N38° 47 3/4'W, named as “Pet Park” and placed under the 78.87 ft.; thence S68° 57 3/4'W, 111.56 ft.; jurisdiction of the Park and Recreation Advisory thence S35° 45'W, 84.25 ft.; thence S42° 39'E, Commission: 218.28 ft. Area on North Grandview Avenue, east of the (Ord. 16-99, § 13, 3-1-1999) Bunker Hill Golf course and south of the Water Sec. 34-135. Teddy Bear Park: Department pumping station. The following described parcel of real estate is Sec. 34-127. Pinard Park: and shall be used for public park purposes and shall be continued to be known, called and Regular Session July 5, 2006 281 named as "Teddy Bear park" and placed under of Thirty Second Street, all in the City of Dubu- the jurisdiction of the Park and Recreation que, Iowa. Advisory Commission: (1976 Code, § 27-118; Ord. 88-95, § 1, 12-18- Lot 1 of Block 19, Sunnyslopes Estates in the 1995, eff. 1-1-1996) City of Dubuque, Iowa. Sec. 34-141. Waller-Cooper Park: (Ord. 16-99, § 13, 3-1-1999; Ord. 20-03, § 6, 4-The following described parcel of real estate is 7-2003) and shall be used for public park purposes and Sec. 34-136. The American Trust River's Edge shall be continued to be known, called and Plaza: named as "Waller-Cooper Park" and placed The following described parcel of real estate is under the jurisdiction of the Park and Recreation and shall be used for public park purposes and Advisory Commission: shall be continued to be known, called and Lots 26, 27 and 28 in Cooper Heights Addition in named as "The American Trust River's Edge the City of Dubuque, Iowa. plaza" and placed under the jurisdiction of the (1976 Code, § 27-103; Ord. 88-95, § 1, 12-18- Park and Recreation Advisory Commission: 1995, eff. 1-1-1996; Ord. 16-99, § 5, 3-1-1999) That area, including the flat area, steps and Sec. 34-142. Washington Park: ramp, outside the floodwall at the Port of Dubu-The following described parcel of real estate is que at the south end of the Mississippi River-and shall be used for public park purposes and walk. shall be continued to be known, called and (Ord. 20-03, § 9, 4-7-2003) named as "Washington Park" and placed under Sec. 34-137. Usha Park: the jurisdiction of the Park and Recreation The following described parcel of real estate is Advisory Commission: and shall be used for public park purposes and An area bounded on the northerly side by West shall be continued to be known, called and Seventh Street, on the westerly side by Bluff named as "Usha park" and placed under the Street, on the southerly side by West Sixth jurisdiction of the Park and Recreation Advisory Street, and on the easterly side by Locust Commission: Street. Lot 1 of Lot 2 of Lot 1 of Byrne's Subdivision in (1976 Code, § 27-96; Ord. 88-95, § 1, 12-18- the City of Dubuque, Iowa. 1995, eff. 1-1-1996) (Ord. 16-99, § 13, 3-1-1999) Sec. 34-143. Welu Park: Sec. 34-138. Valentine Park: The following described parcel of real estate is The following described parcel of real estate is and shall be used for public park purposes and and shall be used for public park purposes and shall be continued to be known, called and shall be continued to be known, called and named as "Welu park" and placed under the named as "Valentine park" and placed under the jurisdiction of the Park and Recreation Advisory jurisdiction of the Park and Recreation Advisory Commission: Commission: Lot 22 of Sunset Park Eighth Addition to the City Lot 1 of the Subdivision of Lot 1 of Lot 1 of Lot 1 of Dubuque, Iowa. of McLean Heights and Lot 4 in Block 2 of (Ord. 20-03, § 12, 4-7-2003) Marna Ridge Estates 2 in the City of Dubuque, (Ord. 6-00, § 1, 1-17-2000) Iowa. Sec. 34-144. Westbrook Park (Ord. 16-99, § 13, 3-1-1999) The following described parcel of real estate is Sec. 34-139. Valley High Park: and shall be used for public park purposes and The following described parcel of real estate is shall be continued to be known, called and and shall be used for public park purposes and named as “Westbrook Park” and placed under shall be continued to be known, called and the jurisdiction of the Park and Recreation named as "Valley High Park" and placed under Advisory Commission: the jurisdiction of the Park and Recreation Approximately three (3) acres within Lot A, Block Advisory Commission: 1 of Westbrook Subdivision. Lot 2 of Lot 1 of Lot 1 of Lot 1 in Mineral Lot 337 A Copy of Ordinance No. 54-06 is on file in the th and Lot 5 in Wiegand's Subdivision, all in the city City Clerk’s Office, City Hall, 13 and Central of Dubuque, Iowa. Avenue, Dubuque, Iowa, and may be viewed (1976 Code, § 27-107; Ord. 88-95, § 1, 12-18-during normal working hours, Monday through 1995, eff. 1-1-1996; Ord. 16-99, § 9, 3-1-1999) Friday, 8:00 o’clock a.m. to 5:00 o’clock p.m. Sec. 34-140. Veterans' Memorial Park: Published officially in the Telegraph Herald The following described parcel of real estate is newspaper this 14th day of July, 2006. and shall be continued to be known, called and Jeanne F. Schneider, City Clerk named as "Veterans' Memorial park" and placed 1t 7/14 under the jurisdiction of the Park and Recreation Jones moved that the requirement that a Advisory Commission: proposed Ordinance be considered and voted Lot 2 of Mineral Lot 382, Lots 1 and 2 of Lot 1 of on for passage at two Council Meetings prior to Mineral Lot 383, Mineral Lot 384 and part of Lot the meeting at which it is to be finally passed be 1 of Lot 1 of Lot 2 of Mineral Lot 385 lying south suspended. Seconded by Braig. Motion carried 282 Regular Session, July 5, 2006 7-0. Jones moved final consideration and There being no further business, Michalski passage of the Ordinance. Seconded by Con-moved to adjourn. Seconded by Cline. Motion nors. Motion carried 7-0. carried 7-0. The meeting adjourned at 8:51 P.M. Sanitary Sewer at Training Center: City /s/ Jeanne F. Schneider, CMC Manager recommending that the City provide City Clerk additional financial support for the joint City/County Fire Training Center Project in the amount of $25,000 to hook up to the sanitary sewer, presented and read. Connors moved that the communication be received and filed and approved recommendation. Seconded by Jones. Motion carried 7-0. Greater Dubuque Development Corporation: Communication from the Greater Dubuque Development Corporation requesting appoint- ments to the Greater Dubuque Development Corporation Board of Directors, presented and read. Cline moved that the communication be received and filed and affirmed that the Mayor, City Manager, and Economic Development Director would continue to serve and reap- pointed City Council Members Joyce Connors and Patricia Cline. Seconded by Connors. Motion carried 7-0. Dubuque Museum of Art: City Manager Van Milligen stated that Consent Item #18 should have been an Action Item as John Schmidt, President of Dubuque Bank and Trust, was present to discuss the request with the City Council. Cline moved to reconsider the previous action taken with regard to the request of the Dubuque Museum of Art. Seconded by Michals- ki. Motion carried 7-0. Mr. Schmidt spoke clarifying the requested action and stated that they were requesting that the loan be forgiven entirely or that it be amor- tized an additional five years over the life of the loan. Michalski requested additional information and asked that the Council be provided the Museum annual financial report. Cline moved to table to the next meeting. Seconded by Connors. Motion carried 7-0. COUNCIL MEMBER REPORTS Michalski stated she represented the City on June 24, 2006 and received a Certificate of Recognition for “Rediscover Downtown.” Cline mentioned the crowd control at the recent Alice Cooper concert was impressive. Braig stated that there was a good film on global warming at the National Mississippi River Museum. She also mentioned that the United States has not signed the Kyoto Agreement and requested the staff to look into that and perhaps refer to the City’s Environmental Stewardship Advisory Commission. Mayor Buol thanked all for the fireworks display. Regular Session, July 17, 2006 283 DUBUQUE damage, presented and read. Cline moved that the claims and suits be received and filed and CITY COUNCIL referred to the City Attorney for investiga- OFFICIAL tion/report. Seconded by Connors. Motion PROCEEDINGS carried 7-0. City Attorney advising that the following claims City Council, Regular Session, July 17, 2006 have been referred to Public Entity Risk Servic- Council met at 6:30 P.M. in the Public Library es of Iowa, the agent for the Iowa Communities Auditorium Assurance Pool: Bird Chevrolet for vehicle damage; Bob and Donna Humke for property Present: Mayor Buol, Council Members Braig, damage; Bill McGovern for property damage; Cline, Connors, Jones, Lynch, Michalski, City Ferd A. Nesler for vehicle damage; Oak Park Manager Van Milligen, City Attorney Lindahl Place for property damage; Jeremiah Shanahan for vehicle damage, presented and read. Cline Mayor Buol read the call and stated this is a moved that the communications be received and regular session of the City Council called for the filed and concurred. Seconded by Connors. purpose of discussing such matters which may Motion carried 7-0. properly come before the Council. City Attorney recommending denial of the Invocation was given by Monsignor Wayne claim of Jessica Sampson for vehicle damage, Ressler, Pastor of St. Raphael's Cathedral. presented and read. Cline moved that the communication be received and filed and Proclamations: Dubuque County Fair Week approved recommendation. Seconded by (July 25 – 30, 2006) received by Fair Manager Connors. Motion carried 7-0. Shannon Lundgren; United Way Campaign Time (August 3 – October 31, 2006) received by Fire Simulators for Training Center: City United Way Board Chairperson Lori Thielen Manager recommending approval to reimburse the Training Center Task Force $365,000 for fire CONSENT ITEMS simulators which have been installed at the Dubuque County Firefighters Association Minutes and Reports Submitted: City Council Regional Emergency Responders Training of 7/5; Enterprise Zone Commission of 5/24; Facility, presented and read. Cline moved that Long Range Planning Advisory Commission of the communication be received and filed. 6/21; Park and Recreation Commission of 6/13 Seconded by Connors. Motion carried 7-0. and 7/11; Zoning Board of Adjustment of 6/22, presented and read. Cline moved that the RESOLUTION NO. 310-06 minutes be received and filed. Seconded by AUTHORIZING THE REIMBURSEMENT OF Connors. Motion carried 7-0. DUBUQUE COUNTY FIREFIGHTERS ASSO- CIATION IN THE AMOUNT OF $365,000.00 Library Board of Trustees Update from meet- FOR THE PURCHASE OF EQUIPMENT FOR ing of June 22, 2006, presented and read. Cline THE JOINT CITY/COUNTY REGIONAL moved that the communication be received and EMERGENCY RESPONDER TRAINING filed. Seconded by Connors. Motion carried 7-0. CENTER PROJECT WHEREAS, the City Council, in its fiscal year Proofs of publication of City Council Proceed- 2007 budget, budgeted $365,000 to be used by ings of June 19 and 21, 2006 and List of Claims the City of Dubuque (City) for the purchase by and Summary of Revenues for month ending Dubuque County Firefighters Association of Fire May 31, 2006, presented and read. Cline moved Simulators for the Joint CITY/COUNTY Regional that the proofs be received and filed. Seconded Emergency Training Center Project; and by Connors. Motion carried 7-0. WHEREAS, Dubuque County Firefighters Association has notified City that it has pur- Notice of Claims/Suits: Bird Chevrolet for chased the equipment; and vehicle damage; City of Bellevue for vehicle WHEREAS, Dubuque County Firefighters damage; Bob and Donna Humke for property Association has now requested reimbursement damage; Jane M. Jaeger for property damage; from City in the amount of $365,000.00 for the Robert Kaesbauer for property damage; Bill equipment. McGovern for property damage; Rhonda Metcalf NOW, THEREFORE, BE IT RESOLVED BY v. City of Dubuque; Ferd A. Nesler for vehicle THE CITY COUNCIL OF THE CITY OF DUBU- damage; Oak Park Place for property damage; QUE, IOWA: Michael V. and Tansy Jo Rooney for property 1. The City Finance Director is authorized and damage; Jeremiah Shanahan for vehicle dam- directed to reimburse Dubuque County Fire- age; Michael and Barbara Skahill for property fighters Association in the amount of 284 Regular Session, July 17, 2006 $365,000.00 for the purchase of equipment as Attest: Jeanne F. Schneider, CMC, City Clerk described herein for the Joint City/County Cline moved adoption of the Resolution. Regional Emergency responder Training Center Seconded by Connors. Motion carried 7-0. Project. RESOLUTION NO. 312-06 Passed, approved and adopted this 17th day FINAL ESTIMATE of July, 2006. Roy D. Buol, Mayor Whereas, the construction contract for the Attest: Jeanne F. Schneider, City Clerk Heritage Trail Extension Project - Phase II from Cline moved adoption of the Resolution. the Heron Pond Wetlands to the Dubuque Seconded by Connors. Motion carried 7-0. Jaycees Trail has been completed and the City Engineer has submitted his final estimate Mediacom: Communication from LeeAnn showing the cost thereof including the cost of Herrera, Mediacom, advising of various monthly estimates, notices and inspection and all miscel- rate adjustments, presented and read. Cline laneous costs. moved that the communication be received and NOW THEREFORE, BE IT RESOLVED BY filed. Seconded by Connors. Motion carried 7-0. THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Heritage Trail Extension: Heron Pond Trail Section 1. That the cost of said improvement Project: City Manager recommending accep-is hereby determined to be $317,423.14 and the tance of the Heritage Trail Extension: Heron said amount shall be paid from the allocation of Pond Trail Project as completed by Tschiggfrie the DMATS STP TEA-21 Grant (STP-ES-2100 Excavating Co., in the final contract amount of (631)--8I-31) in the amount of $221,855.26 and $292,269.14, presented and read. Cline moved an appropriation from General Fund obligations that the communication be received and filed. for the Heritage Trail Project (30% local match) Seconded by Connors. Motion carried 7-0. in the amount of $95,567.88 of the City of Dubuque, Iowa. RESOLUTION NO. 311-06 Passed, approved and adopted this 17th day ACCEPTING THE HERITAGE TRAIL EXTEN- of July, 2006. SION PROJECT – PHASE II FROM THE Roy D. Buol, Mayor HERON POND WETLANDS TO THE DUBU- Attest: Jeanne F. Schneider, CMC, City Clerk QUE JAYCEES TRAIL Cline moved adoption of the Resolution. Whereas, the contract for the Heritage Trail Seconded by Connors. Motion carried 7-0. Extension Project - Phase II from the Heron Pond Wetlands to the Dubuque Jaycees Trail University Avenue RCB Storm Sewer Exten- (the Project) has been completed and the City sion Project: City Manager recommending Manager has examined the work and filed a acceptance of the construction contract for the certificate stating that the Project has been reinforced concrete box culvert extension of the completed according to the terms of the con-University Avenue Reconstruction Project in the tract, plans and specifications and that the City final contract amount of $1,248,555.21, pre- Manager recommends that the Project be sented and read. Cline moved that the commu- accepted. nication be received and filed. Seconded by NOW THEREFORE, BE IT RESOLVED BY Connors. Motion carried 7-0. THE CITY COUNCIL OF THE CITY OF DUBU- RESOLUTION NO. 313-06 QUE, IOWA: ACCEPTING THE REINFORCED CONCRETE Section 1. The recommendation of the City BOX (RCB) CULVERT EXTENSION OF THE Manager is approved and the Project is hereby UNIVERSITY AVENUE RECONSTRUCTION accepted. PROJECT Section 2. The City Treasurer is hereby directed to pay to the contractor from the Whereas, the contract for the reinforced DMATS STP TEA-21 Grant (STP-ES-2100 concrete box (RCB) culvert extension of the (631)--8I-31) in the amount of $221,855.26 and University Avenue Reconstruction Project (the an appropriation from General Fund obligations Project) has been completed and the City for the Heritage Trail Project (30% local match) Manager has examined the work and filed a in the amount of $95,567.88 for the contract certificate stating that the Project has been amount in the amount of $317,423.14 less any completed according to the terms of the con- retained percentage provided for therein as tract, plans and specifications and that the City provided in Iowa Code chapter 573, and to pay Manager recommends that the Project be such retainage only in accordance with the accepted. provisions of Iowa Code chapter 573. NOW THEREFORE, BE IT RESOLVED BY th Passed, approved and adopted this 17 day of THE CITY COUNCIL OF THE CITY OF DUBU- July, 2006. QUE, IOWA: Roy D. Buol, Mayor Regular Session, July 17, 2006 285 Section 1. The recommendation of the City Manager recommends that the Project be Manager is approved and the Project is hereby accepted. accepted. NOW THEREFORE, BE IT RESOLVED BY Section 2. The City Treasurer is hereby THE CITY COUNCIL OF THE CITY OF DUBU- directed to pay to the contractor from the Sur-QUE, IOWA: face Transportation Funds (STP) and the Street Section 1. The recommendation of the City Construction Fund appropriation for the contract Manager is approved and the Project is hereby amount of $1,248,555.21 less any retained accepted. percentage provided for therein as provided in Section 2. The City Treasurer is hereby Iowa Code chapter 573, and to pay such retai-directed to pay to the contractor from the Fiscal nage only in accordance with the provisions of Year 2006 Community Development Block Iowa Code chapter 573. Grant Funds for the contract amount of th Passed, approved and adopted this 17 day of $21,464.66 less any retained percentage July, 2006. provided for therein as provided in Iowa Code Roy D. Buol, Mayor chapter 573, and to pay such retainage only in Attest: Jeanne F. Schneider, CMC, City Clerk accordance with the provisions of Iowa Code Cline moved adoption of the Resolution. chapter 573. th Seconded by Connors. Motion carried 7-0. Passed, approved and adopted this 17 day of July, 2006. RESOLUTION NO. 314-06 Roy D. Buol, Mayor FINAL ESTIMATE Attest: Jeanne F. Schneider, CMC, City Clerk Whereas, the construction contract for the Cline moved adoption of the Resolution. reinforced concrete box (RCB) culvert extension Seconded by Connors. Motion carried 7-0. of the University Avenue Reconstruction Project, RESOLUTION NO. 316-06 has been completed and the City Engineer has FINAL ESTIMATE submitted his final estimate showing the cost thereof including the cost of estimates, notices Whereas, the construction contract for the and inspection and all miscellaneous costs. 2006 Curb Ramp Installation – CDBG Project, NOW THEREFORE, BE IT RESOLVED BY Phase II has been completed and the City THE CITY COUNCIL OF THE CITY OF DUBU-Engineer has submitted his final estimate QUE, IOWA: showing the cost thereof including the cost of Section 1. That the cost of said improvement estimates, notices and inspection and all miscel- is hereby determined to be $1,758,620.54 and laneous costs. the said amount shall be paid from the Surface NOW THEREFORE, BE IT RESOLVED BY Transportation Funds (STP) and the Street THE CITY COUNCIL OF THE CITY OF DUBU- Construction Fund of the City of Dubuque, Iowa. QUE, IOWA: th Passed, approved and adopted this 17 day of Section 1. That the cost of said improvement July, 2006. is hereby determined to be $24,684.36 and the Roy D. Buol, Mayor said amount shall be paid from the Fiscal Year Attest: Jeanne F. Schneider, CMC, City Clerk 2006 Community Development Block Grant Cline moved adoption of the Resolution. Funds of the City of Dubuque, Iowa. th Seconded by Connors. Motion carried 7-0. Passed, approved and adopted this 17 day of July, 2006. 2006 Curb Ramp Installation – CDBG Phase II Roy D. Buol, Mayor Project: City Manager recommending accep-Attest: Jeanne F. Schneider, CMC, City Clerk tance of the 2006 Curb Ramp Installation – Cline moved adoption of the Resolution. CDBG Phase II Project as completed by Kluck Seconded by Connors. Motion carried 7-0. Construction, in the final contract amount of $21,464.66, presented and read. Cline moved Purchase of Property – 1711 Elm Street: City that the communication be received and filed. Manager recommending approval of the pur- Seconded by Connors. Motion carried 7-0. chase of property located at 1711 Elm Street to be used for construction of additional parking at RESOLUTION NO. 315-06 the new Community Health Center, presented ACCEPTING THE 2006 CURB RAMP INSTAL- and read. Cline moved that the communication LATION – CDBG PROJECT, PHASE II be received and filed. Seconded by Connors. Whereas, the contract for the 2006 Curb Ramp Motion carried 7-0. Installation – CDBG Project, Phase II (the Project) has been completed and the City Manager has examined the work and filed a certificate stating that the Project has been completed according to the terms of the con- tract, plans and specifications and that the City 286 Regular Session, July 17, 2006 RESOLUTION NO. 317-06 RESOLUTION NO. 318-06 APPROVING THE ACQUISITION OF REAL APPROVING A HOUSING ENTERPRISE ESTATE LOCATED AT 1711 ELM STREET, IN ZONE PROGRAM APPLICATION TO THE THE CITY OF DUBUQUE IOWA DEPARTMENT OF ECONOMIC DE- VELOPMENT FOR THE STEP BY STEP INC. WHEREAS, the City of Dubuque intends to PROJECT acquire certain properties to provide for addi- tional parking for the Community Health Center Whereas, the City of Dubuque has established Project; and two Enterprise Zones and an Enterprise Zone WHEREAS, a purchase agreement has been Commission; and finalized with the owner of the property sche- Whereas, the Enterprise Zone Commission on duled for acquisition. May 24, 2006 approved the application of Step NOW, THEREFORE, BE IT RESOLVED BY by Step, Inc. for Housing Enterprise Zone THE CITY COUNCIL OF THE CITY OF DUBU-benefits for the 759 Bluff Street project; and QUE, IOWA: Whereas, Community Housing Initiatives’ Section 1. That the City of Dubuque hereby application for the Step by Step, Inc. project was approves the acquisition of the following legally submitted to the Iowa Department of Economic described property: Development on July 6, 2006; and The North ½ of Lot 157 of East Dubuque Whereas, the Iowa Department of Economic Addition in the City of Dubuque, Iowa according Development will prepare an agreement relating to the recorded Plat thereof in Dubuque County, to Housing Enterprise Zone benefits for Step by Iowa Step, Inc. (759 Bluff Street); and At the cost of Eighty-five thousand dollars ($85 Whereas, the City Council finds that the 000). proposed application is acceptable and neces- Section 2. That the City of Dubuque be and is sary to the growth and development of the city. hereby authorized to accept a Quit Claim deed NOW THEREFORE, BE IT RESOLVED BY from the owner, conveying the owner’s interest THE CITY COUNCIL OF THE CITY OF DUBU- to the City of Dubuque, Iowa for the herein QUE, IOWA: described real estate. Section 1. That a Housing Enterprise Zone Section 3. That the City Clerk be and she is Program Agreement with the Iowa Department hereby authorized and directed to cause said of Economic Development is hereby approved. Quit Claim Deed to be recorded in the office of Section 2. That the Mayor is hereby autho- the Dubuque County Recorder, together with rized and directed to execute an Agreement on certified copy of the Resolution. behalf of the City of Dubuque and forward the Section 4. That the City Clerk be and she is executed copy to the Iowa Department of hereby directed to forward a copy of this Resolu-Economic Development for their approval. tion to the Dubuque County Assessor and the Passed, approved and adopted this 17th day Dubuque County Auditor. of July, 2006. PASSED, APPROVED AND ADOPTED this Roy D. Buol, Mayor 17th day of July, 2006. Attest: Jeanne F. Schneider, City Clerk Roy D. Buol, Mayor Cline moved adoption of the Resolution. Attest: Jeanne F. Schneider, CMC, City Clerk Seconded by Connors. Motion carried 7-0. Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Theisen’s Supply, Inc.: Communication from Jim Theisen, Theisen Supply, Inc., thanking the Iowa Finance Authority Housing Trust Fund City Council for support of their new of- Application: City Manager providing information fice/warehouse project, presented and read. regarding an application to be submitted by Cline moved that the communication be re- Dubuque’s Housing Trust Fund to the Iowa ceived and filed. Seconded by Connors. Motion Finance Authority for a Local Housing Trust carried 7-0. Fund grant of $160,000 in support of the Step by Step project, presented and read. Cline moved Eminent Domain: Communication to area that the communication be received and filed. legislators encouraging them to oppose efforts Seconded by Connors. Motion carried 7-0. to override Governor Vilsack’s veto of House File 2351, the eminent domain bill, presented Housing Enterprise Zone Application for Step and read. Cline moved that the communication by Step, Inc.: City Manager recommending be received and filed. Seconded by Connors. approval of a Housing Enterprise Zone Program Motion carried 7-0. Application to the Iowa Department of Economic 409 Burch Street (Tabled from June 19, 2006 Development for the Step by Step, Inc. project, Meeting): City Manager recommending that this presented and read. Cline moved that the item be retabled to September 18, 2006, communication be received and filed. Seconded presented and read. Cline moved that the by Connors. Motion carried 7-0. communication be received and filed and Regular Session, July 17, 2006 287 approved recommendation re-tabling this until que; Request of One Flight Up to permanently the 9/18/06 Council Meeting. Seconded by transfer their liquor license from 44 – 48 Main Connors. Motion carried 7-0. Street to 30 Main Street; Request of the Rotary Club of Dubuque to transfer their liquor license Agreement with Plastic Center, Inc. and Utility to the Port of Dubuque on Bell Street for the Relocation Agreement with Alliant Energy: City Rock and Soul Reunion #1 at the Alliant Amphi- Manager recommending approval to negotiate theater; presented and read. Cline moved that and execute an agreement with Plastic Center, the communications be received and filed and Inc. and a Utility Relocation Agreement with approved transfers. Seconded by Connors. Alliant Energy to facilitate public improvements Motion carried 7-0. for the Asbury Road eastbound thru-lane widen- ing project, presented and read. Cline moved Business Licenses: that the communication be received and filed RESOLUTION NO. 319-06 and approved recommendation. Seconded by Connors. Motion carried 7-0. Whereas, applications for Beer Permits have been submitted to this Council for approval and Consultant Selection for the Utility Expense the same have been examined and approved: and Cost Analysis: City Manager recommending and approval of the selection of Springsted, Inc. as Whereas, the premises to be occupied by the consultant for the Utility Expense and Cost such applicants were inspected and found to Analysis, presented and read. Cline moved that comply with the Ordinances of the City and have the communication be received and filed and filed proper bonds. approved recommendation. Seconded by NOW, THEREFORE, BE IT RESOLVED BY Connors. Motion carried 7-0. THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Dubuque Area Labor Management Council That the Manager be authorized to cause to be Banner: City Manager recommending approval issued the following named applicants a Beer of a banner the Dubuque Area Labor-Permit. Management Council would like to display on CLASS “B” BEER (5 – DAY SPECIAL EVENT) the Town Clock, presented and read. Cline Dubuque Jaycees, Dubuque Jaycees( July), moved that the communication be received and Main St-Town Clock Plaza filed and approved recommendation. Seconded Dubuque Jaycees, Dubuque Jay- by Connors. Motion carried 7-0. cees(August), Main St-Town Clock Plaza Dubuque Jaycees, Dubuque Jaycees -- Dubuque County Board of Supervisors: (September) , Main St-Town Clock Plaza Communication from the Dubuque County Passed, approved and adopted this 17th day Board of Supervisors submitting concerns from of July, 2006. Dubuque Township Trustees due to develop-Roy D. Buol, Mayor ment of Asbury Plaza in the City of Dubuque, Attest: Jeanne F. Schneider, CMC, City Clerk presented and read. Connors moved that the Cline moved adoption of the Resolution. communication be received and filed. Seconded Seconded by Connors. Motion carried 7-0. by Cline. Motion carried 7-0. RESOLUTION NO. 320-06 Dubuque Shot Tower Archeological Investiga- Whereas, applications for Liquor Licenses tion: City Manager recommending approval of a have been submitted to this Council for approval contract in the amount of $14,315.47 with Great and the same have been examined and ap- Lakes Archeological Research Center to per-proved; and form the Shot Tower Archeological Survey, Whereas, the premises to be occupied by such presented and read. Cline moved that the applicants were inspected and found to comply communication be received and filed. Seconded with the State Laws and all City Ordinances by Connors. Motion carried 7-0. relevant thereto and they have filed proper bonds. Improvement Contracts / Performance, Pay- NOW, THEREFORE, BE IT RESOLVED BY ment and Maintenance Bonds: 2006 Pavement THE CITY COUNCIL OF THE CITY OF DUBU- Marking Project, presented and read. Cline QUE, IOWA: moved that the communication be received and That the Manager be authorized to cause to be filed. Seconded by Connors. Motion carried 7-0. issued the following named applicants a Liquor License. Liquor License Transfers: Request of Dubuque CLASS “C” BEER/LIQUOR LICENSE County Historical Society to transfer their liquor House of China, House of China, +(Sunday license to the lot north of the Third Street Over-Sale), 170 JFK Rd. pass, area west of Adams Company and area Craig J. Weiner, Walnut Tap, +(Sunday east of Adams Company for the Taste of Dubu-Sale), 709 University Ave. 288 Regular Session, July 17, 2006 Shannon’s Bar & Grill LLC, Shannon’s Bar & NOW THEREFORE, BE IT RESOLVED BY Grill+(Sunday Sale), 521 E. 22nd St. THE CITY COUNCIL OF THE CITY OF DUBU- Tri State Golf Center, Tri State Golf Center, QUE, IOWA: +(Sunday/Outdoor Sale), 1095 Cedar Cross Rd. Section 1. That the City Council finds and CLASS “B” WINE determines that a valid petition has been re- Mildred Dolter, Basket Expressions, 474 ceived for the designation of Vizaleea Drive from Bluff St. Pennsylvania Avenue to Keystone Drive and on Passed, approved and adopted this 17th day Keymont Drive from Keyway Drive to its westerly of July, 2006. terminus, as a Residential Parking Permit Roy D. Buol, Mayor District. Attest: Jeanne F. Schneider, CMC, City Clerk Section 2. That the Residential Parking Permit Cline moved adoption of the Resolution. District hours be effective between the hours of Seconded by Connors. Motion carried 7-0. 7 a.m. and 3 p.m. daily, except Saturdays, Sundays, and holidays. ITEMS TO BE SET FOR PUBLIC HEARING Section 3. That the City Clerk be authorized and directed to publish a notice of public hearing Residential Parking Permit District – Vizaleea / on the designation of the above described area Keymont Street: City Manager recommending as a Residential Parking Permit District, to be that a public hearing be set for August 7, 2006 to held on August 7, 2006. th consider a request to form a Residential Parking Passed, approved and adopted this 17 day of . Permit District in the Vizaleea / Keymont Street July, 2006 area, presented and read. Lynch moved that the Roy D. Buol, Mayor communication be received and filed. Seconded Attest: Jeanne F. Schneider, CMC, City Clerk by Cline. Motion carried 7-0. Lynch moved adoption of the Resolution and set public hearing for 8/7/06 at a meeting to RESOLUTION NO. 321-06 commence at 6:30 P.M. in the public library SETTING A PUBLIC HEARING ON ESTAB- auditorium and direct the City Clerk to publish LISHING A RESIDENTIAL PARKING PERMIT notice in the manner prescribed by law. DISTRICT ON VIZALEEA DRIVE FROM Seconded by Cline. Motion carried 7-0. PENNSYLVANIA AVENUE TO KEYSTONE DRIVE AND ON KEYMONT DRIVE FROM Greater Downtown Urban Renewal Amend- KEYWAY DRIVE TO ITS WESTERLY TERMI- ment: City Manager recommending that a public NUS hearing be set for August 21, 2006 to consider Whereas, the City of Dubuque, pursuant to an Amended and Restated Urban Renewal Plan Section 32-383 of the Code of Ordinances, has for the Greater Downtown Urban Renewal received a petition containing sufficient signa-District to extend the boundaries of the District, tures requesting that an area described as presented and read. Lynch moved that the follows be designated as a Residential Parking communication be received and filed. Seconded Permit District: by Cline. Motion carried 7-0. Vizaleea Drive, from Pennsylvania Avenue to RESOLUTION NO. 322-06 Keystone Drive RESOLUTION OF NECESSITY FINDING THAT Keymont Drive, from Keyway Drive to its THE PROPOSED EXPANSION AREAS OF Westerly Terminus THE GREATER DOWNTOWN URBAN RE- Whereas, pursuant to said Section 32-383, the NEWAL DISTRICT ARE AREAS MEETING City Manager has caused a parking study of the THE DEFINITIONS OF AN ECONOMIC DE- area identified above to be undertaken and VELOPMENT AREA AND THAT DEVELOP- which study shows at least 80 percent (80%) of MENT OF SAID AREAS IS NECESSARY IN the curbside parking spaces in the proposed THE INTEREST OF THE RESIDENTS OF THE parking permit district were utilized during peak CITY OF DUBUQUE, IOWA. periods, and at least 25 percent (25%) of the curbside parking spaces in the proposed parking Whereas, the City Council of the City of permit were utilized by non-resident parking; and Dubuque has determined that the further expan- Whereas, the City Manager, based upon the sion of the Greater Downtown Urban Renewal results of the study, and in accordance with District will provide redevelopment opportunities Section 32-383, recommends that the area be which will further the purposes and objectives of designated as a Residential Parking Permit the Downtown Dubuque Urban Renewal Plan; District and that the City Council set a public and hearing on the petition to establish such area as Whereas, the City Council has found that the a Residential Parking Permit District and the proposed expansion areas meet the definition of hours such parking restrictions are to be in an economic development area as found in effect. Chapter 403 "Urban Renewal" of the Iowa Code; and Regular Session, July 17, 2006 289 Whereas, Chapter 403 of the Iowa Code the point of beginning, all located within Sections requires that before urban renewal authority may 24 and 25, Township 89 North, Range 2 East, be exercised, a City Council must adopt a 5th P.M., Dubuque County, Iowa (hereinafter, resolution of necessity finding that the area in the "Locust Street Parking Ramp"). question is a slum, blighted or economic devel- 4) A rectangular shaped area commencing as opment area, and that so designating such area a point of reference at the intersection of the is necessary in the interest of the public health, centerline of 11th Street with Locust Street, said safety or welfare of the residents of the munici-point being the point of beginning: thence pality. southwesterly along the centerline of 11th Street NOW, THEREFORE, BE IT RESOLVED BY to the centerline of Bluff Street; thence sou- THE CITY COUNCIL OF THE CITY OF DUBU-theasterly along the centerline of Bluff Street to QUE, IOWA: an extension of the southeast parcel line of City Section 1. That the following described areas, Lot 658A and City Lot 658 in the City of Dubu- which are proposed to be added to the Greater que, Iowa; thence northeasterly along the Downtown Urban Renewal District, are econom-extended and actual southeast parcel line of City ic development areas as defined by Chapter 403 Lot 658A and City Lot 658 in the City of Dubu- of the Iowa Code and are appropriate for an que, Iowa to the eastern boundary of the exist- urban renewal project, to wit: ing Greater Downtown Urban Renewal District; 1) Lot 1 in Adams Company’s 2nd Addition, in thence northwesterly along the eastern boun- the City of Dubuque, Iowa, according to the dary of the existing Greater Downtown Urban recorded Plat thereof, containing 5 acres more Renewal District to the point of beginning, all or less, located within Sections 25 and 30, located within Section 24, Township 89 North, Township 89 North, Range 2 East, Dubuque Range 2 East, 5th P.M., Dubuque County, Iowa County, Iowa and including any adjoining public (hereinafter, the "Carnegie-Stout Public Li- right-of-way (hereinafter, the “Former Adams brary"). Property”), and Section 2. That the development of the expan- 2) A rectangular shaped area commencing as sion areas is necessary and appropriate to a point of reference at the intersection of the facilitate the proper growth and development of centerline of 6th Street with the existing eastern the community in accordance with sound plan- boundary of the current Greater Downtown ning and local community objectives. Urban Renewal District, said point being the Section 3. That the City Manager is authorized point of beginning: thence southwesterly along and directed to prepare an Amended and the centerline of 6th Street to the centerline of Restated Urban Renewal Plan for the Greater Bluff Street; thence southeasterly along the Downtown Urban Renewal District, to forward centerline of Bluff Street to an extension of the said Plan to the City's Long Range Planning southeast parcel line of parcel N54.6’ of City Lot Commission for review and comment and to 138 in the City of Dubuque, Iowa; thence nor-begin the consultation process required by law theasterly along the extended and actual south-with affected taxing entities. east parcel line of parcel N54.6’ of City Lot 138 Section 4. That the City Clerk is directed to and continuing along the southeasterly line of publish notice of a public hearing on the adop- parcel N54.6’ of City Lot 103 in the City of tion of an Amended and Restated Urban Re- Dubuque, Iowa and extending to the eastern newal Plan for the Greater Downtown Urban boundary of the existing Greater Downtown Renewal District to be held on August 21, 2006 Urban Renewal District; thence northwesterly at 6:30 p.m. in the Carnegie-Stout Public Library along the eastern boundary of the existing Auditorium, 11th and Bluff Streets, Dubuque, Greater Downtown Urban Renewal District to Iowa 52001 and that said notice shall generally the point of beginning, all located within Section identify the areas covered by the Amended and 25, Township 89 North, Range 2 East, Dubuque Restated Plan and the general scope of the County, Iowa (hereinafter, the “Former U.S. Amended and Restated Plan and the activities Federal Building”). planned for such areas. 3) A rectangular shaped area commencing as Section 5. That the City Clerk is further di- a point of reference at the intersection of the rected to send by ordinary mail a copy of said centerline of 9th Street with Locust Street, said notice of public hearing to the Dubuque Com- point being the point of beginning: thence munity School District, the County Board of southwesterly along the centerline of 9th Street Supervisors and the Northeast Iowa Community to the centerline of Bluff Street; thence sou-College, as the affected taxing entities. theasterly along the centerline of Bluff Street to PASSED, APPROVED and ADOPTED this the centerline of 8th Street; thence northeasterly 17th day of July 2006. along the centerline of 8th Street to the eastern Roy D. Buol, Mayor boundary of the existing Greater Downtown Attest: Jeanne F. Schneider, City Clerk Urban Renewal District; thence northwesterly Lynch moved adoption of the Resolution and along the eastern boundary of the existing set for public hearing on 8/21/06 at a meeting to Greater Downtown Urban Renewal District to commence at 6:30 P.M. in the public library 290 Regular Session, July 17, 2006 auditorium and direct the City Clerk to publish Lynch moved adoption of the Resolution and notice in the manner prescribed by law. set for public hearing at a meeting to commence Seconded by Cline. Motion carried 7-0. at 6:30 P.M. in the public library auditorium and direct the City Clerk to publish notice in the Flora Pool Painting Project: City Manager manner prescribed by law. Seconded by Cline. recommending initiation of the public bidding Motion carried 7-0. process for the Flora Pool Painting Project and RESOLUTION NO. 326-06 that a public hearing be set for August 21, 2006, ORDERING BIDS presented and read. Lynch moved that the communication be received and filed. Seconded BE IT RESOLVED BY THE COUNCIL OF by Cline. Motion carried 7-0. THE CITY OF DUBUQUE, IOWA: That the Flora Pool Painting Project, is hereby RESOLUTION NO. 324-06 ordered to be advertised for bids for construc- PRELIMINARY APPROVAL OF PLANS AND tion. SPECIFICATIONS BE IT FURTHER RESOLVED, that the amount BE IT RESOLVED BY THE CITY COUNCIL of the security to accompany each bid shall be in OF THE CITY OF DUBUQUE, IOWA: an amount which shall conform to the provisions That the proposed plans, specifications, form of the notice to bidders hereby approved as a of contract and estimated cost for the Flora Pool part of the plans and specifications heretofore Painting Project, in the estimated amount of adopted. $35,000, are hereby approved and ordered filed That the City Clerk is hereby directed to in the office of the City Clerk, for public inspec-advertise for bids for the construction of the tion. improvements herein provided, to be published Passed, approved and adopted this 5th day of in a newspaper having general circulation in the July, 2006. City of Dubuque, Iowa, which notice shall not be Roy D. Buol, Mayor less than four days nor more than forty-five days Attest: Jeanne F. Schneider, City Clerk prior to the receipt of said bids at 2:00 p.m. on Lynch moved adoption of the Resolution. the 10th day of August, 2006. Bids shall be Seconded by Cline. Motion carried 7-0. opened and read by the City Clerk at said time and place and will be submitted to the Council RESOLUTION NO. 325-06 for final action at 6:30 p.m. on the 21st day of FIXING DATE OF HEARING ON PLANS AND August, 2006. SPECIFICATIONS Passed, approved and adopted this 17th day WHEREAS, the City Council of the City of of July, 2006. Dubuque, Iowa has given its preliminary ap-Roy D. Buol, Mayor proval on the proposed plans, specifications, Attest: Jeanne F. Schneider, City Clerk and form of contract and placed same on file in Lynch moved adoption of the Resolution. the office of the City Clerk for public inspection Seconded by Cline. Motion carried 7-0. of the Flora Pool Painting Project. NOW, THEREFORE, BE IT RESOLVED, BY Floodwall Pumping Facility Improvement THE CITY COUNCIL OF THE CITY OF DUBU-Projects: City Manager recommending initiation QUE, IOWA, that on the 21st day of August, of the public bidding process for the Floodwall 2006, a public hearing will be held at 6:30 p.m. Pumping Facility Improvement Projects and that in the Public Library Auditorium, at which time a public hearing be set for August 21, 2006, interested persons may appear and be heard for presented and read. Lynch moved that the or against the proposed plans and specifica-communication be received and filed. Seconded tions, form of contract and cost of said improve-by Cline. Motion carried 7-0. ment, and the City Clerk be and is hereby RESOLUTION NO. 327-06 directed to cause a notice of time and place of PRELIMINARY APPROVAL OF PLANS AND such hearing to be published in a newspaper SPECIFICATIONS having general circulation in the City of Dubu- que, Iowa, which notice shall be not less than NOW THEREFORE, BE IT RESOLVED BY four days nor more than twenty days prior to the THE CITY COUNCIL OF THE CITY OF DUBU- day fixed for its consideration. At the hearing, QUE, IOWA: any interested person may appear and file That the proposed plans, specifications, form objections to the proposed plans, specifications, of contract and estimated cost for the Hawthorne contract, or estimated cost of the improvement. Street Generator Project, Maus Lake Generator Passed, approved and adopted this 5th day of Project, and the Bee Branch Floodwall Pumping July, 2006. Station Improvement Projects in the estimated Roy D. Buol, Mayor amount of $685,619.00, are hereby approved Attest: Jeanne F. Schneider, City Clerk and ordered filed in the office of the City Clerk for public inspection. Regular Session, July 17, 2006 291 th Passed, adopted and approved this 17 day of in a newspaper having general circulation in the July, 2006. city of Dubuque, Iowa, which notice shall not be Roy D. Buol, Mayor less than four days nor more than twenty days Attest: Jeanne F. Schneider, City Clerk prior to the receipt of said bids at 2:00 p.m. on Lynch moved adoption of the Resolution. the 9th day of August, 2006. Bids shall be Seconded by Cline. Motion carried 7-0. opened and read by the City Clerk at said time and will be submitted to the Council for final st RESOLUTION NO. 328-06 action at 6:30 p.m. on the 21 day of August, FIXING DATE OF THE HEARING ON PLANS 2006. th AND SPECIFICATIONS Passed, adopted and approved this 17 day of Whereas, the City Council of the City of July, 2006. Dubuque, Iowa has given its preliminary ap-Roy D. Buol, Mayor proval on the proposed plans, specifications, Attest: Jeanne F. Schneider, City Clerk and form of contract and placed same on file in Lynch moved adoption of the Resolution. the office of the City Clerk for public inspection Seconded by Cline. Motion carried 7-0. of the Hawthorne Street Generator Project, BOARDS/COMMISSIONS Maus Lake Generator Project, and Bee Branch Pumping Station Improvement Projects. NOW THEREFORE BE IT RESOLVED BY Appointments to the following Boards / Com- THE CITY COUNCIL OF THE CITY OF DUBU-missions: QUE, IOWA: st That on the 21 of August, 2006, a public Request of William Intriligator to speak to his hearing will be held at 6:30 p.m. in the Public re-appointment to the Arts and Cultural Affairs Library Auditorium at which time interested Advisory Commission, presented and read. Mr. persons may appear and be heard for or against Intriligator spoke requesting consideration for the proposed plans and specifications, form of reappointment. contract and cost of said improvement, and the Arts and Cultural Affairs Advisory Commission City Clerk be and is hereby directed to cause a (Three 3-year terms through 6/30/09 – Busi- notice of time and place of such hearing to be ness/Professional [W. Intriligator], Busi- published in a newspaper having general ness/Professional and Lives/Works in Cultural circulation in the city of Dubuque, Iowa, which District [Amy Weber], and At Large [Rebecca notice shall be not less than four days nor more Fabricius] than twenty days prior to the day fixed for its Applicants: consideration. At the hearing, any interested Business/Professional: Ellen Hartman Hen- person may appear and file objections to the kels, William Intriligator, Karen Ridings; proposed plans, specifications, contract, or Vote on the appointment was as follows: Braig estimated cost of the improvement. voted for Henkels, Buol voted for Henkels, Cline th Passed, adopted and approved this 17 day of voted for Henkels, Connors voted for Henkels, July, 2006. Jones voted for Intriligator, Lynch voted for Roy D. Buol, Mayor Intriligator. Michalski voted for Henkels. There- Attest: Jeanne F. Schneider, City Clerk fore, Ellen Hartman Henkels was appointed to a Lynch moved adoption of the Resolution. three year term which will expire 6/30/09. Seconded by Cline. Motion carried 7-0. Business/Professional and Lives/Works in Cultural District: Amy Weber Michalski moved RESOLUTION NO. 329-06 that Amy Weber be reappointed to a three year ORDERING BIDS term which will expire 6/30/09. Seconded by NOW THEREFORE, BE IT RESOLVED BY Braig. Motion carried 7-0. THE CITY COUNCIL OF THE CITY OF DUBU- At Large: Rebecca Fabricius, Ellen Hartman QUE, IOWA: Henkels, Geri Shafer, John Tilton Vote on the That the Hawthorne Street Generator Project, appointment was as follows: Braig voted for Maus Lake Generator Project and the Bee Fabricius, Buol voted for Shafer, Cline voted for Branch Pumping Station Improvement Projects Shafer, Connors voted for Fabricius, Jones are hereby ordered to be advertised for bids for voted for Shafer, Lynch voted for Shafer, Mi- construction. chalski voted for Shafer. Therefore, Geri Shafer BE IT FURTHER RESOLVED, that the amount was appointed to a three year term which will of the security to accompany each bid shall be in expire 6/30/09. an amount which shall conform to the provisions Civic Center Commission (Two 3-years terms of the notice to bidders hereby approved as a through 6/29/09 – terms of Fuller and Parks) part of the plans and specifications heretofore Applicants: Cynthia Fuller, Bryce Parks; Con- adopted. nors moved that Cynthia Fuller and Bryce Parks That the City Clerk is hereby directed to be reappointed to the Civic Center Commission. advertise for bids for the construction of the Seconded by Lynch. Motion carried 7-0. improvements herein provided, to be published 292 Regular Session, July 17, 2006 Transit Board of Trustees (One 3-year term Urban Renewal District in the Port of Dubuque through 7/30/09 – term of Bemis): Applicants: be received, filed and adopted. Harry Bemis, Peter Kies Vote on the appoint- Section 2. That it is hereby determined that the ment was as follows: Braig voted for Kies, Buol proposal of Port of Dubuque Brewery Develop- voted for Kies, Cline voted for Kies, Connors ment, LLC for the development and lease of said voted for Kies, Jones voted for Kies, Lynch property is the only proposal which satisfies the voted for Kies, Michalski voted for Kies. There-terms and conditions set forth in Resolution No. fore, Peter Kies was appointed to a three year 215-06 adopted by this Council on June 5, 2006. term which will expire 7/30/09. Passed, approved and adopted this 17th day of July, 2006. PUBLIC HEARINGS Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved to suspend the rules to allow Connors moved adoption of the Resolution. anyone present to address the Council. Seconded by Cline. Motion carried 7-0. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 331-06 ACCEPTING THE PROPOSAL FROM PORT Dubuque Star Brewery Project – Development OF DUBUQUE BREWERY DEVELOPMENT, Agreement: Proof of publication on notice of LLC FOR THE LEASE OF PROPERTY IN THE hearing to consider approval of a Development GREATER DOWNTOWN URBAN RENEWAL Agreement and lease of the former Dubuque DISTRICT IN THE PORT OF DUBUQUE IN Star Brewery building and site to Port of Dubu- THE CITY OF DUBUQUE, IOWA AND AP- que Brewery Development, LLC., and City PROVING THE DEVELOPMENT AGREEMENT Manager recommending approval, presented AND LEASE AGREEMENT WITH PORT OF and read. Connors moved that the proof and DUBUQUE BREWERY DEVELOPMENT, LLC communication be received and filed. Seconded FOR THE LEASE OF THE PROPERTY by Cline. Motion carried 7-0. Whereas, this Council, by Resolution No. 215- RESOLUTION NO. 330-06 06, dated June 5, 2006: DETERMINING THAT THE PROPOSAL OF 1. Adopted the terms and conditions for PORT OF DUBUQUE BREWERY DEVELOP- offering for disposition certain real property and MENT, LLC TO DEVELOP AND LEASE improvements in the Greater Downtown Urban PROPERTY IN THE GREATER DOWNTOWN Renewal District in the City of Dubuque, Iowa, URBAN RENEWAL DISTRICT IN THE PORT referred to as the Star Brewery Property; OF DUBUQUE IN THE CITY OF DUBUQUE, 2. Determined that the proposal submitted by IOWA IS IN COMPLIANCE WITH THE TERMS Port of Dubuque Brewery Development, LLC OF THE CITY’S OFFERING FOR DISPOSI- satisfied the requirements of said offering; TION OF SUCH PROPERTY 3. Declared its intent to accept the Port of Whereas, this Council, by Resolution No. 215-Dubuque Brewery Development LLC proposal in 06, dated June 5, 2006, nominated the City the event no other qualified proposals were Clerk as agent of the City of Dubuque, Iowa, to timely submitted for the property; and receive and open on July 10, 2006, at 10:00 4. Invited competing proposals which met the a.m., proposals for the disposition of property in terms and conditions of the offering, to be the Greater Downtown Urban Renewal District in submitted to the City Clerk on or before 10:00 the Port of Dubuque in accordance with the a.m., July 10, 2006; terms and conditions set forth in the resolution; and; and Whereas, on June 7, 2006, the Resolution was Whereas, the City Council has received a published as the official notice of the offering proposal, referred to in said resolution, from Port and of the intent of the City of Dubuque, Iowa, in of Dubuque Brewery Development, LLC, which the event no other qualified proposals were proposal meets the terms and conditions of timely submitted, to approve the Development Resolution No. 215-06; and Agreement and Lease Agreement proposed by Whereas, the City Clerk has reported to this Port of Dubuque Brewery Development, LLC; Council that no qualified, competing proposals and were submitted. Whereas, by separate Resolution of this date, NOW, THEREFORE, BE IT RESOLVED BY this Council has received and approved as its THE CITY COUNCIL OF THE CITY OF DUBU-own the report of the City Clerk that no other QUE, IOWA: qualified proposal was received; an Section 1. That the report of the City Clerk that Whereas, it is the determination of this Council no qualified competing proposals were submit-that approval of the Development Agreement ted by 10:00 a.m. on July 10, 2006, for the and Lease Agreement with Port of Dubuque disposition of property in the Greater Downtown Brewery Development, LLC, attached hereto, is in the public interest of the citizens of the City of Regular Session, July 17, 2006 293 Dubuque, and is consistent with the City’s Urban Agreement for the sale to and development of Renewal Plan for the Greater Downtown Urban the Property by Giese Properties, LLC and Renewal District. Giese Manufacturing, Inc. according to the terms NOW, THEREFORE, BE IT RESOLVED BY and conditions set out in the Development THE CITY COUNCIL OF THE CITY OF DUBU-Agreement is in the public interest of the City of QUE, IOWA: Dubuque. Section 1. That the attached Development NOW, THEREFORE, BE IT RESOLVED BY Agreement and Lease Agreement by and THE CITY COUNCIL OF THE CITY OF DUBU- between the City of Dubuque and Port of Dubu-QUE, IOWA: que Brewery Development, LLC are in the public Section 1. That the attached Development interest of the citizens of the City of Dubuque Agreement by and between the City of Dubuque and in furtherance of the City’s Urban Renewal and Giese Properties, LLC and Giese Manufac- Plan, and are hereby approved. turing, Inc. for the sale of the Property is hereby Section 2. That the Mayor is hereby autho-approved. rized and directed to execute said Development Section 2. That the Mayor is hereby autho- Agreement and Lease Agreement on behalf of rized and directed to execute the Development the City of Dubuque and the City Clerk is autho-Agreement on behalf of the City and City Clerk rized and directed to attest to his signature. is authorized and directed to attest to his signa- Section 3. That the City Manager is authorized ture. to take such actions as are necessary to imple- Section 3. That the Mayor and City Clerk are ment the terms of the Development Agreement hereby authorized and directed to execute and and Lease Agreement as herein approved. deliver a Special Warranty Deed for the Property Passed, approved and adopted this 17th day as provided in the Development Agreement. of July, 2006. Section 4. That the City Manager is authorized Roy D. Buol, Mayor to take such actions as are necessary to comply Attest: Jeanne F. Schneider, City Clerk with the terms of the Development Agreement Connors moved adoption of the Resolution. as herein approved. Seconded by Cline. Motion carried 7-0. Passed, approved and adopted this 17th day of July, 2006. Giese Manufacturing Company, Inc. – Devel-Roy D. Buol, Mayor opment Agreement: Proof of publication on Attest: Jeanne F. Schneider, City Clerk notice of hearing to consider disposing of Cline moved adoption of the Resolution. property in the Dubuque Industrial Center West Seconded by Connors. Motion carried 7-0. to Giese Properties, LLC for the purpose of constructing an 18,000 square foot manufactur- Northwest Arterial Bike/Pedestrian Trail ing facility and execution of a Development Project: Proof of publication on notice of hearing Agreement and City Manager recommending to consider adoption of the plans and specifica- approval, presented and read. Cline moved that tions for the Northwest Arterial Bike / Pedestrian the proof and communication be received and Trail Project and City Manager recommending filed. Seconded by Connors. Motion carried 7-0. award of the contract to Drew Cook and Sons Dan McDonald, Greater Dubuque Develop-Excavating, Inc., in the amount of $216,832, ment Corporation, spoke in support of the presented and read. Connors moved that the project. Tom Giese spoke expressing thanks for proof and communication be received and filed. past and future support. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 332-06 RESOLUTION NO. 333-06 APPROVING A DEVELOPMENT AGREEMENT ADOPTING PLANS AND SPECIFICATIONS PROVIDING FOR THE SALE OF LOT 1 OF 1 Whereas, on the 14th day of June, 2006, DUBUQUE INDUSTRIAL CENTER WEST 5TH plans, specifications, form of contract and ADDITION TO GIESE PROPERTIES LLC. estimated cost were filed with the City Clerk of Whereas, the City Council, by Resolution No. Dubuque, Iowa for the Northwest Arterial Hike- 289-06, dated July 5, 2006, declared its intent to Bike Trail Project – Phase 1. enter into a Development Agreement with Whereas, notice of hearing on plans, specifica- Dubuque Screw Products, Inc. for the sale of tions, form of contract, and estimated cost was Lot 1 of 1 Dubuque Industrial Center West 5th published as required by law. Addition (the Property); and NOW THEREFORE, BE IT RESOLVED BY Whereas, pursuant to published notice, a THE CITY COUNCIL OF THE CITY OF DUBU- public hearing was held on the proposed dispo-QUE, IOWA: sition on July 17, 2006 at 6:30 p.m. at the That the said plans, specifications, form of Carnegie-Stout Public Library Auditorium, 360 contract and estimated cost are hereby ap- W. 11th Street, Dubuque, Iowa; and proved as the plans, specifications, form of Whereas, it is the determination of the City contract and estimated cost for said improve- Council that approval of the Development ments for said project. 294 Regular Session, July 17, 2006 Passed, adopted and approved this 17th day NOW THEREFORE, BE IT RESOLVED BY of July, 2006. THE CITY COUNCIL OF THE CITY OF DUBU- Roy D. Buol, Mayor QUE, IOWA: Attest: Jeanne F. Schneider, CMC, City Clerk 1. The contract and bond attached hereto are Connors moved adoption of the Resolution. hereby approved. Seconded by Cline. Motion carried 7-0. 2. The City Manager is hereby authorized and directed to execute the contract on behalf of the RESOLUTION NO. 334-06 City of Dubuque. AWARDING CONSTRUCTION CONTRACT Passed, approved and adopted this 17th day FOR THE NORTHWEST ARTERIAL HIKE- of July, 2006. BIKE TRAIL PROJECT – PHASE 1 Roy D. Buol, Mayor Whereas, sealed proposals have been submit-Attest: Jeanne F. Schneider, CMC, City Clerk ted by contractors for the Northwest Arterial Connors moved adoption of the Resolution. Hike-Bike Trail Project – Phase 1 pursuant to Seconded by Cline. Motion carried 7-0. Resolution No. 251-06 and notice to bidders published in a newspaper published in the City Paint Ham House Trim Project: Proof of of Dubuque, Iowa on the 23rd day of June, publication on notice of hearing to consider 2006. adoption of the plans and specifications for the Whereas, said sealed proposals were opened Paint Ham House Trim Project and City Manag- and read on the 6th day of July, 2006, and it has er recommending award of the contract to John been determined that the bid of Drew Cook and C. Kaiser Company in the amount of $35,850, Sons Excavating, Inc. of Dubuque, Iowa, in the presented and read. Michalski moved that the amount of $216,832.00 was the lowest bid for proof and communication be received and filed. the furnishings of all labor and materials and Seconded by Cline. Motion carried 7-0. performing the work as provided for in the plans RESOLUTION NO. 336-06 and specifications. ADOPTING PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- WHEREAS, on the 19th day of June, 2006, QUE, IOWA: plans, specifications, form of contract and That the contract for the above improvement estimated cost were filed with the City Clerk of be awarded to Drew Cook and Sons Excavating, Dubuque, Iowa for the Paint Ham House Trim Inc. and the Manager be and is hereby directed Project. to execute a contract on behalf of the City of WHEREAS, notice of hearing on plans, Dubuque for the complete performance of the specifications, form of contract, and estimated work. cost was published as required by law. BE IT FURTHER RESOLVED: NOW THEREFORE, BE IT RESOLVED BY That upon the signing of said contract and the THE CITY COUNCIL OF THE CITY OF DUBU- approval of the contractor’s bond, the City QUE, IOWA: Treasurer is authorized and instructed to return That the said plans, specifications, form of the bid deposits of the unsuccessful bidders. contract and estimated cost are hereby ap- Passed, approved and adopted this 17th day proved as the plans, specifications, form of of July, 2006. contract and estimated cost for said improve- Roy D. Buol, Mayor ments for said project. Attest: Jeanne F. Schneider, CMC, City Clerk Passed, approved and adopted this 17th day Connors moved adoption of the Resolution. of July, 2006. Seconded by Cline. Motion carried 7-0. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk RESOLUTION NO. 335-06 Michalski moved adoption of the Resolution. APPROVING CONSTRUCTION CONTRACT Seconded by Cline. Motion carried 7-0. WITH DREW COOK and SONS EXCAVATING, INC. FOR THE NORTHWEST ARTERIAL RESOLUTION NO. 337-06 HIKE-BIKE TRAIL PROJECT – PHASE 1AWARDING CONTRACT Whereas, the City Council by Resolution No. WHEREAS, sealed proposals have been 334-06 awarded the construction contract for the submitted by contractors for the Paint Ham Northwest Arterial Hike-Bike Trail Project – House Trim Project pursuant to Resolution Phase 1 to Drew Cook and Sons Excavating, No.254-06, and notice to bidders published in a Inc.; and newspaper published in the City of Dubuque, Whereas, Drew Cook and Sons Excavating, Iowa, on the 23rd day of June, 2006. Inc. has submitted the attached executed WHEREAS, said sealed proposals were contract and bond. opened and read on the 6th day of July, 2006, and it has been determined that the bid of John C. Kaiser Company in the amount of $35,830 Regular Session, July 17, 2006 295 was the lowest bid for the furnishings of all labor John and Sally Jo Herrig – Request to Rezone and materials and performing the work as (First Reading on July 5, 2006): Communication provided for in the plans and specifications. from William L. Breitbach, owner of property NOW THEREFORE, BE IT RESOLVED BY adjacent to the John and Sally Jo Herrig proper- THE CITY COUNCIL OF THE CITY OF DUBU-ty, in support of the proposed rezoning and QUE, IOWA: annexation; Communication from Elaine and That the contract for the above improvement Raymond Backes requesting that the commer- be awarded to John C. Kaiser Company, and cial zoning be kept next to the Corey property; the Manager be and is hereby directed to Communication from Eileen and Douglas execute a contract on behalf of the City of Coates, 13102 Derby Grange Road, in opposi- Dubuque for the complete performance of the tion to the proposed rezoning; Communication work. from Mary Jean and Steve Reding, 13918 BE IT FURTHER RESOLVED: Surrey Lane, in opposition to the proposed That upon the signing of said contract and the rezoning; Communication from Richard and approval of the contractor's bond, the City Esther Farnum, 13717 Derby Grange Road, in Treasurer is authorized and instructed to return opposition to the proposed rezoning, presented the bid deposits of the unsuccessful bidders. and read. Jones moved that the communications Passed, approved and adopted this 17th day be received and filed. Seconded by Cline. of July, 2006. Motion carried 6-1 with Braig voting Nay. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk An Ordinance Amending Appendix A (the Michalski moved adoption of the Resolution. Zoning Ordinance) of the City of Dubuque Code Seconded by Cline. Motion carried 7-0. of Ordinances by reclassifying hereinafter described property located south of Derby RESOLUTION NO. 338-06 Grange Road from County A1 Agricultural to APPROVING CONSTRUCTION CONTRACT City AG Agricultural District, R-2 Two-Family WITH JOHN C. KAISER COMPANY FOR THE Residential District and C-3 General Commercial PAINT HAM HOUSE TRIM PROJECT District, with conditions concurrent with annexa- Whereas, the City Council by Resolution No. tion to the City of Dubuque, with conditions, said 337-06 awarded the construction contract for the Ordinance having been presented and read at Paint Ham House Trim Project to John C. Kaiser the Council Meeting of July 5, 2006, now pre- Company; and sented for further action. Whereas John C. Kaiser Company has sub- OFFICIAL PUBLICATION mitted the attached executed contract and bond. ORDINANCE NO. 55-06 NOW THEREFORE, BE IT RESOLVED BY AMENDING APPENDIX A (THE ZONING THE CITY COUNCIL OF THE CITY OF DUBU- ORDINANCE) OF THE CITY OF DUBUQUE QUE, IOWA: CODE OF ORDINANCES BY RECLASSIFY- 1. The contract and bond attached hereto are ING HEREINAFTER DESCRIBED PROPERTY hereby approved. LOCATED SOUTH OF DERBY GRANGE 2. The City Manager is hereby authorized and ROAD FROM DUBUQUE COUNTY A-1 AGRI- directed to execute the contract on behalf of the CULTURAL DISTRICT TO CITY OF DUBUQUE City of Dubuque. AG AGRICULTURAL DISTRICT, R-2 TWO- Passed, approved and adopted this 17th day FAMILY RESIDENTIAL DISTRICT AND C-3 of July, 2006. GENERAL COMMERCIAL DISTRICT, CON- Roy D. Buol, Mayor CURRENT WITH ANNEXATION, WITH CON- Attest: Jeanne F. Schneider, CMC, City Clerk DITIONS Michalski moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. Whereas, John W. and Sally Jo Herrig, proper- ty owners, have requested rezoning concurrent Michalski moved to reinstate the rules limiting with annexation to the City of Dubuque in discussion to the Council. Seconded by Braig. accordance with Section 2-3 of Appendix A (The Motion carried 7-0. Zoning Ordinance) of the City of Dubuque Code of Ordinances; and ACTION ITEMS Whereas, this request has been found to be consistent with the Comprehensive Plan and the Convention and Visitors Bureau: Sue Cze-Future Land Use Map of the Comprehensive shinski, Dubuque Area Chamber of Commerce Plan. Convention and Visitors Bureau, to present NOW, THEREFORE, BE IT ORDAINED BY quarterly report. Ms. Czeshinski gave a de-THE CITY COUNCIL OF THE CITY OF DUBU- tailed, positive report of their activities. Cline QUE, IOWA: moved that the report be received and filed. Section 1. The application of John W. and Seconded by Connors. Motion carried 7-0. Sally Jo Herrig, property owners, for reclassifica- tion of the subject property to R-2 Two-Family 296 Regular Session, July 17, 2006 Residential and C-3 General Commercial, has C) Modifications. Any modifications of this received a recommendation of approval from the Agreement shall be considered a zoning reclas- Zoning Advisory Commission, subject to condi-sification and shall be subject to the provisions tions, and the applicant has accepted the of the Zoning Ordinance governing zoning conditions. reclassifications. All such modifications must be Section 2. That Appendix A (The Zoning approved by the City Council of Dubuque, Iowa. Ordinance) of the City of Dubuque Code of D) Recording. A copy of this Agreement shall Ordinances is hereby amended by reclassifying be recorded with the Dubuque County Recorder the hereinafter-described property from Dubu-as a permanent record of the conditions ac- que County A-1 Agricultural to City of Dubuque cepted as part of this rezoning approval within AG Agricultural District, R-2 Two-Family Resi-ten (10) days of the adoption of Ordinance No. dential District and C-3 General Commercial 55-06. District, with conditions, as shown on Exhibit B E) Construction. This Agreement shall be incorporated herein by reference, to wit: construed and interpreted as though it were part Lot 1 of Lot 2 of the SW ¼ of the SE ¼ of of Appendix A of the Code of Ordinances of the Section 8, T89N, R2E of the 5th P.M., Lot 1 of City of Dubuque, also known as the Zoning Butler’s Hill Second Addition, Lot 3 of Butler’s Ordinance of the City of Dubuque, Iowa. Hill Second Addition, Lot 2 of the N ½ of the SW F) This Agreement shall be binding upon the ¼, Section 8, T89N of the 5th P.M., SW ¼ of the undersigned and his/her heirs, successor and SW ¼, Section 8, T89N, R2E of the 5th P.M., all assignees. in Dubuque County, Iowa. ACCEPTANCE OF ORDINANCE NO. 55-06 Section 3. The foregoing amendment has We, John Herrig and Sally Jo Herrig, property heretofore been reviewed by the Zoning Advi-owners, having read the terms and conditions of sory Commission of the City of Dubuque, Iowa. the foregoing Ordinance No. 55-06 and being Section 4. This ordinance shall take effect familiar with the conditions thereof, hereby immediately upon publication, as provided by accept this same and agree to the conditions law, and at such time that the herein described required therein. th property is legally annexed into the City of Dated in Dubuque, Iowa this 17 day of July, Dubuque, Iowa. 2006. th Passed, approved and adopted this 17 day of By: /s/ John Herrig July, 2006. By: /s/ Sally Jo Herrig Roy D. Buol, Mayor Published officially in the Telegraph Herald Attest: Jeanne F. Schneider, City Clerk newspaper this 24th day of July, 2006. MEMORANDUM OF AGREEMENT Jeanne F. Schneider, City Clerk Pursuant to the Iowa Code Section 414.5 1t 7/24 (2005), and as an express condition of rezoning Jones moved that the requirement that a of the property described as: proposed Ordinance be considered and voted As shown in Exhibit B, and to the center line of on for passage at two Council Meetings prior to the adjoining public right-of-way, all in the City of the meeting at which it is to be finally passed be Dubuque, Iowa. suspended. Seconded by Cline. Motion carried which is the subject of Ordinance No. 55-06, a 6-1 with Braig voting Nay. Jones moved final copy of which is attached hereto and incorpo-consideration and passage of the Ordinance. rated herein by reference, the undersigned Seconded by Connors. Motion carried 6-1 with property owners, agree to the following condi-Braig voting Nay. tions, all of which the property owner further agrees are reasonable and are imposed to Cline moved to remove the following item from satisfy public needs which are caused directly by the table. Seconded by Michalski. Motion carried the rezoning: 7-0. A) Performance Standards Requests for Voluntary Annexation (Tabled on 1) The following uses are prohibited in the June 19, 2006): City Manager submitting the subject C-3 General Commercial District: signed Voluntary Annexation Agreements from a) Auto repair/body shop John and Sally Jo Herrig and Dean and Patricia b) Mini-storage Butler and recommending approval of the B) Reclassification of the Subject Property. The voluntary annexations, presented and read. City of Dubuque, Iowa may initiate zoning Cline moved that the communications be re- reclassification proceedings to the R-1 Single-ceived and filed. Seconded by Michalski. Motion Family Residential District (which rezoning will carried 7-0. include the removal of the performance stan- dards in Section A above) if the property owner fails to complete any of the conditions or provi- sions of this Agreement. Regular Session, July 17, 2006 297 RESOLUTION NO. 339-06 b. For the second year, sixty percent (60%). APPROVING APPLICATION FOR VOLUNTA- c. For the third year, forty-five percent (45%). RY ANNEXATION OF TERRITORY OWNED d. For the fourth year, thirty percent (30%). JOHN W. AND SALLY JO HERRIG e. For the fifth year, fifteen percent (15%). Whereas, John W. and Sally Jo Herrig, as The five-year period shall begin when the property owners have submitted a written Property is placed on City tax rolls by Dubuque application for voluntary annexation of approx-County. Lots sold after that date shall receive imately 112.10 acres of territory lying outside the the partial exemption percentage only for the corporate limits of the City of Dubuque, Iowa, as remaining years of the five-year period. shown in Exhibit A and legally described as: Section 4. That the City Clerk shall file this Lot 1 of Lot 2 of the SW ¼ of the SW ¼ of resolution, all exhibits and the petition for volun- th Section 8, T89N, R2E of the 5 P.M. in Dubuque tary annexation with the State of Iowa in accor- County, Iowa; dance with State Regulations. th Lot 1 of Butler’s Hill Second Addition, T89N, Passed, approved and adopted this 17 day of th R2E of the 5 P.M. in Dubuque County, Iowa; July 2006. Lot 3 of Butler’s Hill Second Addition, T89N, Roy D. Buol, Mayor th R2E of the 5 P.M. in Dubuque County, Iowa; Attest: Jeanne F. Schneider, City Clerk Lot 2 of the N ½ of the SW ¼ of Section 8, Cline moved adoption of the Resolution. th T89N, R2E of the 5 P.M. in Dubuque County, Seconded by Michalski. Motion carried 7-0. Iowa; RESOLUTION NO. 340-06 SW ¼ of the SW ¼ of Section 8, T89N, R2E of th APPROVING APPLICATION FOR VOLUNTA- the 5 P.M. in Dubuque County, Iowa; and RY ANNEXATION OF TERRITORY OWNED Whereas, the annexation territory is not BY DEAN AND PATRICIA BUTLER subject to an existing annexation moratorium; and Whereas, Dean and Patricia Butler, as proper- Whereas, the annexation territory does not ty owners have submitted a written application include any state or railroad property; and for voluntary annexation of approximately 8 Whereas, the annexation territory includes acres of territory lying outside the corporate 0.647 acres of adjacent County road right-of-limits of the City of Dubuque, Iowa, as shown in way to the centerline of Derby Grange Road; Exhibit A and legally described as: Lot 2 Butler’s and Hill 2nd Addition, Section 8, T89N, R2E of 5th Code of Iowa Whereas, Chapter 368 of the P.M., in Dubuque County, Iowa; and authorizes the extension of City limits in situa- Whereas, the annexation territory is not tions of this character by adoption of a resolution subject to an existing annexation moratorium; and notification as required by State regulations; and and Whereas, the annexation territory does not Whereas, this request has been found to be include any state, county or railroad property; consistent with the Comprehensive Plan and the and Proposed Land Use Map of the Comprehensive Whereas, Chapter 368 of the Code of Iowa Plan; and authorizes the extension of City limits in situa- Whereas, the future growth and development tions of this character by adoption of a resolution of the City of Dubuque, Iowa makes it desirable and notification as required by State regulations; that said territory be made part of the City of and Dubuque, Iowa. Whereas, this request has been found to be NOW THEREFORE, BE IT RESOLVED BY consistent with the Comprehensive Plan and the THE CITY COUNCIL OF THE CITY OF DUBU-Proposed Land Use Map of the Comprehensive QUE, IOWA: Plan; and Section 1. That the corporate limits of Dubu- Whereas, the future growth and development que, Iowa be and they are hereby extended to of the City of Dubuque, Iowa makes it desirable include the territory as legally described above that said territory be made part of the City of and as shown in Exhibit A. Dubuque, Iowa. Section 2. The territory hereby annexed shall NOW THEREFORE, BE IT RESOLVED BY become part of Precinct Six (6) of Ward Two (2) THE CITY COUNCIL OF THE CITY OF DUBU- of the City of Dubuque, Iowa. QUE, IOWA: Section 3. The City shall provide for the Section 1. That the corporate limits of Dubu- transition for the imposition of City taxes against que, Iowa be and they are hereby extended to property owner’s property, as provided by include the territory as legally described above Code of Iowa Chapter 368 of the . That property and as shown in Exhibit A. owner’s property shall be entitled to the following Section 2. The territory hereby annexed shall partial exemption from taxation for City taxes for become part of Precinct Six (6) of Ward Two (2) a period of five years: of the City of Dubuque, Iowa. a. For the first year, seventy-five percent Section 3. The City shall provide for the (75%). transition for the imposition of City taxes against 298 Regular Session, July 17, 2006 property owner’s property, as provided by Whereas, upon said final plat appears streets Chapter 368 of the Code of Iowa. That property to be known as Cessna Drive (Lot A) and owner’s property shall be entitled to the following Enstrom Court (Lot B) together with certain partial exemption from taxation for City taxes for public utility easements, which the owners by a period of five years: said final plat have dedicated to the public a. For the first year, seventy-five percent forever; and (75%). Whereas, the final plat has been examined by b. For the second year, sixty percent (60%). the Zoning Advisory Commission and had its c. For the third year, forty-five percent (45%). approval endorsed thereon; and d. For the fourth year, thirty percent (30%). Whereas, said final plat has been reviewed by e. For the fifth year, fifteen percent (15%). the City Planner and had her approval endorsed The five-year period shall begin when the thereon, subject to the owners agreeing to the Property is placed on City tax rolls by Dubuque conditions noted in Section 2 below; and County. Lots sold after that date shall receive Whereas, said final plat has been examined by the partial exemption percentage only for the the City Council and they find that it conforms to remaining years of the five-year period. the statutes and ordinances relating to it, except Section 4. That the City Clerk shall file this that no streets or public utilities have yet been resolution, all exhibits and the petition for volun-constructed or installed. tary annexation with the State of Iowa in accor- NOW, THEREFORE, BE IT RESOLVED BY dance with State Regulations. THE CITY COUNCIL OF THE CITY OF DUBU- Passed, approved and adopted this 17th day QUE, IOWA: of July, 2006. Section 1. That the dedication of Cessna Drive Roy D. Buol, Mayor (Lot A) and Enstrom Court (Lot B), together with Attest: Jeanne F. Schneider, City Clerk the easements for public utilities and storm Cline moved adoption of the Resolution. sewer as they appear upon said final plat, be Seconded by Michalski. Motion carried 7-0. and the same are hereby accepted; and Section 2. That the final plat of Terrace Es- Michalski moved to remove the following item tates Third Addition is hereby approved and the from the table. Seconded by Cline. Motion Mayor and City Clerk are hereby authorized and carried 7-0. directed to endorse the approval of the City of Dubuque Museum of Art (Tabled on July 5, Dubuque, Iowa, upon said final plat, provided 2006): Communication from the Dubuque the owners of said property herein named, Museum of Art requesting that the remaining execute their written acceptance hereto attached debt they owe the City from a $300,000 loan agreeing: they took out in July 1999 from the Downtown (a) To reduce Cessna Drive (Lot A) and Loan Pool to rehabilitate the Dubuque Museum Enstrom Court (Lot B) to grade and to construct of Art building be forgiven or, as an alternative, concrete curb and gutter and to hard surface that it be amortized over twenty years, and City with asphaltic concrete, or with concrete paving Manager recommending that the loan agree-with integral curb, all in accordance with the City ment be amended to amortize their balloon of Dubuque standard specifications, all in a payment over fifteen years, presented and read. manner acceptable to the City Engineer, in Cline moved that the communications be re-conformance with construction improvement ceived and filed and approve City Manager’s plans approved by the City Engineer, and recommendation that it be amortized over fifteen inspected by the City Engineer. years. Seconded by Michalski. Motion carried 7- (b) To install water mains and water service 0. laterals into each individual lot, sanitary sewer mains and sewer surface laterals into each Terrace Estates Third Addition – Final Plat: individual lot, storm sewers and catch basins, Zoning Advisory Commission recommending boulevard street lighting and erosion control approval of the final plat of Terrace Estates devices all in accordance with the City of Dubu- Third Addition, presented and read. Cline moved que standard specifications, all in a manner that the communication be received and filed. acceptable to the City Engineer, and in accor- Seconded by Lynch. Motion carried 7-0. dance with construction improvement plans approved by the City Engineer, and inspected by RESOLUTION NO. 341-06 the City Engineer. APPROVING THE FINAL PLAT OF TERRACE (c) To construct said improvements, prior to ESTATES THIRD ADDITION, IN THE CITY OF two (2) years from the date of acceptance of this DUBUQUE, IOWA resolution, at the sole expense of the owners, or Whereas, there has been filed with the City future owner; Clerk a final plat of Terrace Estates Third (d) To maintain the public improvements, for a Addition, in the City of Dubuque, Iowa; and period of two (2) years from the date of the acceptance of those improvements by the City Regular Session, July 17, 2006 299 OFFICIAL PUBLICATION of Dubuque, Iowa, at the sole expense of the ORDINANCE NO. 56-06 owners, or future owner; AMENDING THE CODE OF ORDINANCES OF And, further provided that said Galen Manter- THE CITY OF DUBUQUE, IOWA, BY MODIFY- nach, as owner of said property, shall secure the ING SUBSECTION (b) OF SECTION 32-216 performance of the foregoing conditions pro- THEREOF PROVIDING FOR THE DELETION vided in this Section by providing guarantees in OF YIELD SIGNS ON ROSEDALE AVENUE such form and with such sureties as may be AT NORTH GRANDVIEW AVENUE AND acceptable to the City Manager of the City of WEST LOCUST STREET Dubuque, Iowa. Section 3. Sidewalk installation shall be the NOW THEREFORE, BE IT ORDAINED BY responsibility of the owner abutting the public THE CITY COUNCIL OF THE CITY OF DUBU- rights-of-way, including lots with multiple fron-QUE, IOWA: tages, as required by City Code 41-161 through Section 1. That the Code of Ordinances of the 41-164. The responsibility shall extend to all City of Dubuque, Iowa, be amended by deleting successors, heirs and assignees. Sidewalk from Subsection (b) of Section 32-216 thereof as installation will not be required until the devel-follows: opment of the lot has been completed, except as Sec. 32-216. Yield Intersections. required herein. In sparsely developed subdivi- (b) sions, sidewalks on developed lots will not be * * * * * * required until 50% of the lots approved by the Northbound Vehicles plat have been developed. All vacant lots shall Rosedale and West Locust Street have sidewalks installed upon development of (4) Westbound Vehicles 80% of the lots approved by the plat. Rosedale and North Grandview Avenue, Section 4. That the final acceptance of all East Intersection th public improvements shall occur upon certifica- Passed, approved an adopted this 17 day of tion of the City Engineer to the City Council that July, 2006. all public improvements have been completed in /s/ Roy D. Buol, Mayor accordance with the improvement plans and City Attest: /s/ Jeanne F. Schneider, CMC, City Clerk standard specifications and accepted by City Published officially in the Telegraph Herald Council Resolution. newspaper this 24th day of July, 2006. Section 5. That in the event Galen Manternach /s/ Jeanne F. Schneider, City Clerk fails to execute the acceptance and furnish the 1t 7/24 guarantees provided in Section 2 hereof within Michalski moved that the requirement that a 180 days after the date of this Resolution, the proposed Ordinance be considered and voted provisions hereof shall be null and void and the on for passage at two Council Meetings prior to acceptance of the dedication and approval the the meeting at which it is to be finally passed be plat shall not be effective. suspended. Seconded by Connors. Motion Passed, approved and adopted this 17th day carried 7-0. Michalski moved final consideration of July 2006. and passage of the Ordinance. Seconded by Roy D. Buol, Mayor Lynch. Motion carried 7-0. Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Unified Development Code: City Manager Seconded by Lynch. Motion carried 7-0. recommending approval of the selection of JEO Consulting Group, Inc. as the consultant for Stop/Yield Sign on Rosedale Avenue: City development of the Unified Development Code, Manager recommending that the reference to presented and read. Cline moved that the yield signs on Rosedale Avenue at North communication be received and filed and Grandview Avenue and at West Locust Street approved recommendation. Seconded by Jones. be deleted from the City Code to allow the Motion carried 7-0. installation of stop signs, presented and read. Michalski moved that the communication be Blackhawk Area Railroad Coalition (BARC): received and filed. Seconded by Connors. Communication from Janet Fisher, Co-Chair of Motion carried 7-0. the Blackhawk Area Railroad Coalition, request- ing that the City Council adopt a resolution An Ordinance Amending the Code of Ordin-supporting the BARC’s efforts to reinstate ances of the City of Dubuque, Iowa by modifying passenger rail service to the area, presented Subsection (b) of Section 32-216 thereof provid-and read. Cline moved that the communication ing for the deletion of yield signs on Rosedale be received and filed. Seconded by Lynch. Avenue at North Grandview Avenue and West Motion carried 7-0. Locust Street, presented and read. 300 Regular Session, August 7, 2006 RESOLUTION NO. 342-06 DUBUQUE RESOLUTION OF SUPPORT CITY COUNCIL WHEREAS, the City of Dubuque supports the OFFICIAL Blackhawk Area Rail Coalition’s (BARC) efforts PROCEEDINGS toward reinstating roundtrip passenger train service from Chicago, Illinois through O’Hare International Airport, Rockford, Freeport, Gale- City Council, Regular Session, August 7, 2006 na, Illinois and Dubuque, Iowa, and points west; Council met at 6:30 P.M. in the Public Library and Auditorium WHEREAS, the City of Dubuque endorses the BARC request for immediate funding of a Present: Mayor Buol, Council Members Braig, feasibility study to be performed by the Illinois Cline, Connors, Jones, Lynch, Michalski, City and Iowa Department of Transportations of the Manager Van Milligen, City Attorney Lindahl proposed route; and WHEREAS, the City of Dubuque agrees with Mayor Buol read the call and stated this is a the BARC stipulation that this initiative be regular session of the City Council called for the included as part of the Illinois Department of purpose of discussing such matters which may Transportation and Iowa Department of Trans- properly come before the Council. portation Comprehensive Capitol Rail Transpor- tation Plans for the benefit of both Illinois and Invocation was given by Reverend John Iowa; and Sorenson, Pastor of Lord of Life Lutheran WHEREAS, the City of Dubuque supports the Church Blackhawk Area Rail Coalition’s request that the upcoming Comprehensive Transportation Proclamations: Responsible Gaming Week Capitol Plans by Illinois and Iowa include the (August 7 – 11, 2006) received by Carrie Tedore framework to facilitate the coordination of the and Shannon Gaherty; Cory Bowman Week various rail strategies for the Blackhawk region (August 23 – 28, 2006) received by Cory Bow- and this framework serve as the basis for man and family; Tour de Dubuque Day (August BARC’s inclusion in a State-wide Multi-Modal 26, 2006) received by Mike Martin, Kevin Pike Transportation Plan. and Gino Rokusek of the Freedom Riders NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- CONSENT ITEMS QUE, IOWA: That the City of Dubuque, Iowa hereby sup- Minutes and Reports Submitted: Airport ports the efforts of the Blackhawk Area Rail Commission of 7/9; Arts and Cultural Affairs Coalition’s efforts to reinstate passenger train Advisory Commission of 5/23 and 6/12; City service to the tri-state area. Council of 7/19; Housing Commission of 6/27; Passed, approved and adopted this 17th day Housing Commission Trust Fund Committee of of July, 2006. 7/25; Investment Oversight Advisory Commis- Roy D. Buol, Mayor sion of 7/26; Long Range Planning Advisory Attest: Jeanne F. Schneider, CMC, City Clerk Commission of 7/19, presented and read. Cline Cline moved adoption of the Resolution. moved that the minutes be received and filed. Seconded by Lynch. Motion carried 7-0. Seconded by Jones. Motion carried 7-0. At 7:47 Cline moved to go into Closed Session Proof of publication of City Council Proceed- re: Pending Litigation and Property Acquisition – ings of July 5, 2006, presented and read. Cline Chapter 21.5(1)(c)(j) 2005 Code of Iowa. moved that the proof be received and filed. Seconded by Michalski. Motion carried 7-0. Seconded by Jones. Motion carried 7-0. Council reconvened Regular Session at 8:14 Library Board of Trustees Update of July 27, P.M. stating Staff had been given proper direc- 2006, presented and read. Cline moved that the tion. communication be received and filed. Seconded There being no further business, Braig moved by Jones. Motion carried 7-0. to adjourn. Seconded by Michalski. Motion carried 7-0. The meeting adjourned at 8:15 Investment Oversight Advisory Commission P.M. 53rd Quarterly Report, presented and read. /s/ Jeanne F. Schneider, CMC Cline moved that the communication be re- City Clerk ceived and filed. Seconded by Jones. Motion carried 7-0. Regular Session, August 7, 2006 301 Notice of Claims/Suits: Gary M. Blosch for and referred to the City Manager. Seconded by property damage; Bernice M. Breitfelder for Jones. Motion carried 7-0. property damage; Milton Ernst for property damage; Emily Freiburger for property damage; 2007 Fireworks Display: Request of the Barbara L. Hansen for personal injury/vehicle Dubuque Jaycees, KDTH, KATF, KGRR and damage; Ralph G. Hemesath for property The River to conduct a fireworks display on damage; Cynthia Henkel and Tracey Tittle for Tuesday, July 3, 2007 on Volunteer Road property damage; Gerald B. Hingtgen for vehicle between Hawthorne and Lime, with a rain date damage/personal injury; Jamie Lee Kremer for of July 4, 2007, presented and read. Cline property damage; Leo Link for property damage; moved that the communication be received and Ricky Meyer for personal injury; Gerald Pickel filed and approved request. Seconded by Jones. for property damage; Barbara J. Schnee for Motion carried 7-0. vehicle damage; Gary and Tina Smith for property damage; Laverne Strohmeyer for Department of the Army: Communication from property damage, presented and read. Cline the Department of the Army advising of public moved that the communications be received and meetings to be held by the Mississippi River filed and referred to the City Attorney for investi-Commission, presented and read. Cline moved gation/report. Seconded by Jones. Motion that the communication be received and filed. carried 7-0. Seconded by Jones. Motion carried 7-0. City Attorney advising that the following claims Certified Local Government (CLG) Program have been referred to Public Entity Risk Servic-Grant Application: City Manager recommending es of Iowa, the agent for the Iowa Communities support for an application to the State Historical Assurance Pool: City of Bellevue for vehicle Society of Iowa for a Fiscal Year 2007 Certified damage; Gary M. Blosch for property damage; Local Government (CLG) Grant to conduct a Barbara L. Hanson for personal injury/vehicle Phase I Four Mounds Archeological Investiga- damage; Cynthia Henkel and Tracey Tittle for tion, presented and read. Cline moved that the property damage; Gerald Hingtgen for personal communication be received and filed. Seconded injury/property damage; Jane M. Jaeger for by Jones. Motion carried 7-0. property damage; Robert Kaesbauer for proper- RESOLUTION NO. 343-06 ty damage; Leo Link for property damage; Ricky AUTHORIZING THE SUB-MISSION OF AN Meyer for personal injury; Gerald F. Pickel for APPLICATION FOR CERTIFIED LOCAL property damage; Michael Rooney for property GOVERNMENT (CLG) PROGRAM FUNDING damage; Michael Skahill for property damage; TO CONDUCT A PHASE I ARCHEOLOGICAL Laverne Strohmeyer for property damage; INVESTIGATION AT FOUR MOUNDS ESTATE Bernice M. Breitfelder for property damage; Ralph G. Hemesath for property damage; Jamie Whereas, the State Historical Society of Iowa Lee Kremer for property damage; Barbara J. (SHSI) has announced the availability of Certi- Schnee for vehicle damage; and Gary and Tina fied Local Government Program (CLG) grant Smith for property damage, presented and funds; and read. Cline moved that the communications be Whereas, the intensive survey and evaluation received and filed and concurred. Seconded by of archeological resources are eligible activities Jones. Motion carried 7-0. for CLG funding; and Whereas, the Four Mounds archeological site Dubuque Bank and Trust: Communication and the Four Mounds Estate are listed on the from Nelson Klavitter, Dubuque Bank and Trust, National Register of Historic Places and desig- requesting voluntary annexation of property nated as a local landmark site. located at 2690 Rockdale Road into the City of NOW THEREFORE, BE IT RESOLVED BY Dubuque, presented and read. Cline moved THE CITY COUNCIL OF THE CITY OF DUBU- that the communication be received and filed QUE, IOWA: and referred to the City Manager. Seconded by Section 1. That the submission of an applica- Jones. Motion carried 7-0. tion for CLG funds to conduct the Phase I Archeological Investigation at Four Mounds Requests to Purchase: Communication from Estate is hereby authorized. Stephen J. Schmall, Loras College, requesting Section 2. That the Planning Services Manag- to purchase a portion of a City-owned alley er is hereby authorized to sign the contract with abutting their property and communication from and submit requests for reimbursements to the KC Jones, Airgas-North Central, Inc., requesting SHSI for CLG funds to conduct a Phase I to purchase a portion of Kerper Boulevard as it Archeological Investigation at Four Mounds abuts property being purchased at 2240 Kerper Estate if the grant is awarded. Boulevard, presented and read. Cline moved Section 3. That the City of Dubuque agrees to that the communications be received and filed abide by all local, state and federal requirements applicable to the proposed project. 302 Regular Session, August 7, 2006 Passed, approved and adopted this 7th day of For the protection of the city employees, August 2006. visitors to city facilities, persons in city care, Roy D. Buol, Mayor custody or control, and for the protection of city Attest: Jeanne F. Schneider, City Clerk property, the city council hereby adopts this Cline moved adoption of the Resolution. Security Information Policy, pursuant to Iowa Seconded by Jones. Motion carried 7-0. Code § 22.7(52). 1. The following public records shall be kept Emergency Preparedness and Security confidential unless otherwise ordered by a court, Information: City Manager recommending by the lawful custodian of the records, or by approval of a resolution providing for the confi-another person duly authorized to release such dentiality of emergency preparedness informa-information: tion and security procedures where, if disclosed, (a) Information directly related to vulnerability could reasonably be expected to jeopardize the assessments; safety of City employees, visitors, persons, or (b) Information relating to security measures property, presented and read. Cline moved that such as security and response plans, security the communication be received and filed. codes and combinations, passwords, restricted Seconded by Jones. Motion carried 7-0. area passes, keys, and security or response procedures; RESOLUTION NO. 344-06 (c) Emergency response protocols; ADOPTING A SECURITY INFORMATION (d) Architectural, engineering or construction POLICY FOR THE CITY OF DUBUQUE, IOWA diagrams; and WHEREAS, Iowa Code § 22.7(52) provides (e) Information contained in records that if that information concerning security procedures disclosed would significantly increase the or emergency preparedness information devel-vulnerability of critical physical systems or oped and maintained by a government body for infrastructures of the city to attack. the protection of governmental employees, 2. "Public records" includes all records, visitors to the government body, persons in the documents, tape, or other information, stored or care, custody, or under the control of the gov-preserved in any medium, of or belonging to this ernment body, or property under the jurisdiction city. of the government body, if disclosure could 3. The City Manager shall be responsible for reasonably be expected to jeopardize such implementing the requirements of this policy. employees, visitors, persons, or property shall Passed, approved and adopted this 7th day of be kept confidential, unless otherwise ordered August, 2006. by a court, by the lawful custodian of the Roy D. Buol, Mayor records, or by another person duly authorized to Attest: Jeanne F. Schneider, CMC, City Clerk release such information; and Cline moved adoption of the Resolution. WHEREAS, Iowa Code § 227.(52) further Seconded by Jones. Motion carried 7-0. provides that such information includes but is not limited to information directly related to Engineering Services Contract Award for the vulnerability assessments; information contained Clear Well/Baffling Rehabilitation Project: City in records relating to security measures such as Manager recommending approval of the selec- security and response plans, security codes and tion of Veenstra & Kimm, Inc., to provide engi- combinations, passwords, restricted area neering services for the Clear Well / Baffling passes, keys, and security or response proce-Rehabilitation Project in the amount of $62,000, dures; emergency response protocols; and presented and read. Cline moved that the information contained in records that if disclosed communication be received and filed and would significantly increase the vulnerability of recommendation approved. Seconded by Jones. critical physical systems or infrastructures of a Motion carried 7-0. government body to attack; and WHEREAS, Iowa Code § 22.7(52) further Community Economic Betterment Account provides that such confidentiality requirement (CEBA) Loan – Sedgwick CMS: City Manager only applies to information held by a government recommending approval of the execution of a body that has adopted a rule or policy identifying CEBA Loan Agreement by and among the Iowa the specific records or class of records to which Department of Economic Development, Sedg- this subsection applies and which is contained in wick CMS and the City of Dubuque, presented such a record. and read. Cline moved that the communication NOW, THEREFORE, BE IT RESOLVED BY be received and filed. Seconded by Jones. THE CITY COUNCIL OF THE CITY OF DUBU-Motion carried 7-0. QUE, IOWA: RESOLUTION NO. 345-06 That the following policy on restriction of AUTHORIZING THE EXECUTION OF A COM- security information is hereby adopted: MUNITY ECONOMIC BETTERMENT AC- Security Information Policy Regular Session, August 7, 2006 303 COUNT LOAN AGREEMENT FOR ONE Legislative Communications: Communication HUNDRED AND FIFTY THOUSAND DOLLARS to local legislators in appreciation of their vote ($150,000) WITH SEDGWICK CMS against efforts to override Governor Vilsack’s Whereas, the Community Economic Better-veto of HF 2351 regarding the use of eminent ment Account (CEBA) program has been domain and communication to Senator Tom created by the Iowa Department of Economic Harkin and Senator Charles Grassley express- Development to assist in the economic devel-ing opposition to H.R. 5252, the Advanced opment efforts of local jurisdictions; and Telecommunications and Opportunity Reform Whereas, in March 2006, the City of Dubuque, Act (ATOR), presented and read. Cline moved Iowa was awarded a one hundred and fifty that the communications be received and filed. thousand dollar ($150,000) loan/forgivable loan Seconded by Jones. Motion carried 7-0. from the CEBA program by the Iowa Department of Economic Development; and Community Health Center: City Manager Whereas, the City of Dubuque, Iowa desires to recommending approval of the payment of assist Sedgwick CMS in its efforts to locate its $250,000 in support of the Community Health operations in Dubuque and create new, perma-Center as authorized through the Fiscal Year nent employment opportunities for local citizens; 2007 budget, presented and read. Michalski and moved that the communication be received and Whereas, a CEBA Loan Agreement, hereto filed. Seconded by Braig. Motion carried 7-0. attached and by this reference made a part RESOLUTION NO. 346-06 hereof, is to be executed between the Iowa AUTHORIZING THE DISTRIBUTION OF Department of Economic Development, Sedg- $250,000 TO THE TRI-STATE COMMUNITY wick CMS and the City of Dubuque, Iowa. HEALTH CENTER IN DUBUQUE FOR CAPI- NOW, THEREFORE, BE IT RESOLVED BY TAL AND EQUIPMENT FUNDING THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: WHEREAS, the City Council, in its fiscal year Section 1. That the Mayor and Corporation 2007 budget, budgeted $250,000 to be used by Counsel be and they are hereby authorized and the City of Dubuque (City) to provide a one time directed to endorse, on behalf of the City Coun-grant to The Tri-State Community Health Center cil of the City of Dubuque, Iowa, the attached (TSCHC) for capital and equipment costs; and CEBA Loan Agreement. WHEREAS, TSCHC will provide comprehen- Section 2. That the City Manager be and he is sive primary health care and dental services, hereby authorized to disburse loan funds to regardless of ability to pay, creating a medical Sedgwick CMS from the CEBA program in home for many low income people who present- accordance with the terms and conditions of the ly use local hospital emergency rooms or doc- executed Agreement. tors’ offices for their source of primary care; and Passed, approved and adopted this 7th day of WHEREAS, the City’s support for the TSCHC August, 2006. project is consistent with the City of Dubuque Roy D. Buol, Mayor Comprehensive Plan, Neighborhood Reinvest- Attest: Jeanne F. Schneider, City Clerk ment Strategy and the Washington Neighbor- Cline moved adoption of the Resolution. hood Reinvestment Plan and is also consistent Seconded by Jones. Motion carried 7-0. with the Fiscal Year 2007 City Council Priorities and Major Projects adopted in September 2005, Handan City: Communication from Ding including “Neighborhood Crime Reduction Ynghui, Vice-Mayor of Handan City, thanking Strategy” and “Casket Company Completion and the City of Dubuque for the hospitality received Tot Lot;” and during their recent visit and inviting the Mayor WHEREAS, TSCHC has now requested and City Council to Handan City, presented and distribution from City in the amount of read. Michalski moved that the communication $250,000.00 for the one time grant to help with be received and filed. Seconded by Cline. start up costs. Motion carried 7-0. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- Sisters of St. Francis: Communication from the QUE, IOWA: Sisters of St. Francis requesting that the City The City Finance Director is authorized and Council develop a comprehensive plan to directed to distribute $250,000.00 to TSCHC for reduce carbon emissions into the atmosphere, the capital and equipment funding in support of presented and read. Braig moved that the the TSCHC project. communication be received and filed and Passed, approved and adopted this 7th day of thanked the Sisters for the attention to the August, 2006. environment. Seconded by Connors. Motion Roy D. Buol, Mayor carried 7-0. Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Braig. Motion carried 7-0. 304 Regular Session, August 7, 2006 Section 2. That the City Manager be and he is Environmental Stewardship Advisory Com-hereby authorized to disburse loan funds to mission: Resignation of Andrea Bixler from the Kunkel Bounds & Associates, Inc. from the Environmental Stewardship Advisory Com-CEBA program in accordance with the terms mission, presented and read. Cline moved that and conditions of the executed Agreement. the communication be received and filed. Passed, approved and adopted this 7th day of Seconded by Jones. Motion carried 7-0. August, 2006. Roy D. Buol, Mayor Worker’s Compensation Claim: City Manager Attest: Jeanne F. Schneider, City Clerk recommending settlement of the worker’s Cline moved adoption of the Resolution. compensation claim of Brian Cortez, presented Seconded by Jones. Motion carried 7-0. and read. Cline moved that the communication be received and filed and recommendation Purchase of Property – 1731 Elm Street: City approved. Seconded by Jones. Motion carried 7-Manager recommending approval of the pur- 0. chase of property located at 1731 Elm Street to be used for construction of additional parking at Community Economic Betterment Account the new Community Health Center, presented (CEBA) Loan - Kunkel Bounds & Associates, and read. Cline moved that the communication Inc.: City Manager recommending approval of be received and filed. Seconded by Jones. the execution of a CEBA Loan Agreement by Motion carried 7-0. and among the Iowa Department of Economic RESOLUTION NO. 348-06 Development, Kunkel Bounds & Associates, Inc. APPROVING THE ACQUISITION OF REAL and the City of Dubuque, presented and read. ESTATE LOCATED AT 1731 ELM STREET, IN Cline moved that the communication be re- THE CITY OF DUBUQUE ceived and filed. Seconded by Jones. Motion carried 7-0. WHEREAS, the City of Dubuque intends to acquire certain properties to provide for addi- RESOLUTION NO. 347-06 tional parking for the Community Health Center AUTHORIZING THE EXECUTION OF A COM- Project; and MUNITY ECONOMIC BETTERMENT AC- WHEREAS, a purchase agreement has been COUNT LOAN AGREEMENT FOR SEVENTY finalized with the owner of the third property FIVE THOUSAND DOLLARS ($75,000) WITH scheduled for acquisition. KUNKEL BOUNDS & ASSOCIATES, INC. NOW, THEREFORE, BE IT RESOLVED BY Whereas, the Community Economic Better-THE CITY COUNCIL OF THE CITY OF DUBU- ment Account (CEBA) program has been QUE, IOWA: created by the Iowa Department of Economic Section 1. That the City of Dubuque hereby Development to assist in the economic devel-approves the acquisition of the following legally opment efforts of local jurisdictions; and described property: Whereas, in March 2006, the City of Dubuque, The Northerly half of Lot 158 in East Dubuque Iowa was awarded a seventy five thousand Addition in the City of Dubuque, Iowa according dollar ($75,000) loan/forgivable loan from the to the recorded Plat thereof in Dubuque County, CEBA program by the Iowa Department of Iowa Economic Development; and At the cost of Forty thousand dollars ($40 Whereas, the City of Dubuque, Iowa desires to 000). assist Kunkel Bounds & Associates, Inc. in its Section 2. That the City of Dubuque be and is efforts to locate its operations in Dubuque and hereby authorized to accept a Quit Claim deed create new, permanent employment opportuni-from the owner, conveying the owner’s interest ties for local citizens; and to the City of Dubuque, Iowa for the herein Whereas, a CEBA Loan Agreement, hereto described real estate. attached and by this reference made a part Section 3. That the City Clerk be and she is hereof, is to be executed between the Iowa hereby authorized and directed to cause said Department of Economic Development, Kunkel Quit Claim Deed to be recorded in the office of Bounds & Associates, Inc. and the City of the Dubuque County Recorder, together with Dubuque, Iowa. certified copy of the Resolution. NOW, THEREFORE, BE IT RESOLVED BY Section 4. That the City Clerk be and she is THE CITY COUNCIL OF THE CITY OF DUBU-hereby directed to forward a copy of this Resolu- QUE, IOWA: tion to the Dubuque County Assessor and the Section 1. That the Mayor and Corporation Dubuque County Auditor. th Counsel be and they are hereby authorized and Passed, approved and adopted this 7 day of directed to endorse, on behalf of the City Coun-August, 2006. cil of the City of Dubuque, Iowa, the attached Roy D. Buol, Mayor CEBA Loan Agreement. Attest: Jeanne Schneider, CMC, City Clerk Regular Session, August 7, 2006 305 RESOLUTION NO. 349-06 Cline moved adoption of the Resolution. APPROVING PLAT OF SURVEY OF LOT 1 OF Seconded by Jones. Motion carried 7-0. F AND LOT 2 OF F IN DUBUQUE TECHNOL- OGY PARK, IN THE CITY OF DUBUQUE, Unified Development Code (UDC) Consultant IOWA. Contract: City Manager recommending approval of the contract with JEO Consulting Group, Inc., Whereas, there has been presented to the City the consultant selected for the preparation of a Council of the City of Dubuque, Iowa, a plat Unified Development Code for the City of dated July 31, 2006 prepared by Buesing and Dubuque, in the amount of $119,850, presented Associates describing the division of Lot F of and read. Braig moved that the communication Dubuque Technology Park to be known as Lot 1 be received and filed and recommendation of F and Lot 2 of F of Dubuque Technology Park approved. Seconded by Connors. Motion carried in the City of Dubuque, Dubuque County, Iowa; 7-0. and Whereas, said plat conforms to the laws and Comprehensive Plan Update: Long Range statutes pertaining thereto. Planning Advisory Commission submitting the NOW, THEREFORE, BE IT RESOLVED BY July 2006 Report on the Comprehensive Plan THE CITY COUNCIL OF THE CITY OF DUBU- Update process, presented and read. Cline QUE, IOWA: moved that the communication be received and Section 1. That the plat dated July 31, 2006 filed. Seconded by Jones. Motion carried 7-0. prepared by Buesing and Associates, relative to the real estate hereinabove described be and City Development Board: Communication from the same is hereby approved, and the Mayor Steven R. McCann, City Development Board and City Clerk be and they are hereby autho- Administrator, advising that the Board will rized and directed to execute said plat for and consider the City of Dubuque’s voluntary annex-on behalf of the City of Dubuque, Iowa. ation request for property owned by Motor City Section 2. The City of Dubuque reserves unto LLC, John and Sally Jo Herrig, and Dean and itself a perpetual easement as shown on the plat Patricia Butler at the August 9, 2006 City Devel-including the right of ingress and egress thereto, opment Board meeting, presented and read. for the purpose of erecting, installing, construct- Cline moved that the communication be re-ing, reconstructing, repairing, owning, operating, ceived and filed. Seconded by Jones. Motion and maintaining water, sewer, drainage, gas, carried 7-0. telephone, television cable, fiber optics, and electric lines as may be authorized by the City of Prosperity Eastern Iowa Marketing Efforts: City Dubuque, Iowa. Manager recommending approval of a contract Section 3. That the City Clerk be and is hereby with ECIA to assist in funding a collaborative authorized and directed to file said plat and marketing effort by Prosperity Eastern Iowa to certified copy of this resolution in the office of promote economic development opportunities, the Recorder in and for Dubuque County, Iowa. presented and read. Braig moved that the Passed, approved and adopted this 7th day of communication be received and filed and August, 2006. approved recommendation. Seconded by Jones. Roy D. Buol, Mayor Motion carried 6-0 with Lynch abstaining. Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Transportation Planner – ECIA Agreement: Seconded by Jones. Motion carried 7-0. City Manager recommending approval of a RESOLUTION NO. 350-06 contract with ECIA to assist in funding a part- APPROVING PLAT OF SURVEY OF DUBU- time transportation planner to primarily provide QUE TECHNOLOGY PARK NO. 2 IN THE traffic and transportation planning for the City of CITY OF DUBUQUE, IOWA Dubuque Engineering Department and Planning Services Department, presented and read. Whereas, there has been presented to the City Cline moved that the communication be re-Council of the City of Dubuque, Iowa, a plat ceived and filed and approved recommendation. dated July 31, 2006 prepared by Buesing and Seconded by Jones. Motion carried 7-0. Associates describing the division of Lot 2 of F of Dubuque Technology Park to be known as Subdivision of Lot - Conlon Johnson Develop-Lot 1 and Lot 2 of Dubuque Technology Park ment LLC: City Manager recommending ap-No. 2 in the City of Dubuque, Dubuque County, proval to subdivide Parcel F adjacent to the Iowa; and Dubuque Technology Park to accommodate the Whereas, said plat conforms to the laws and development plans submitted by Conlon John-statutes pertaining thereto. son Development, LLC, presented and read. NOW, THEREFORE, BE IT RESOLVED BY Cline moved that the communication be re-THE CITY COUNCIL OF THE CITY OF DUBU- ceived and filed. Seconded by Jones. Motion QUE, IOWA: carried 7-0. 306 Regular Session, August 7, 2006 Section 1. That the plat dated July 31, 2006 Passed, approved and adopted this 7th day of prepared by Buesing and Associates, relative to August, 2006. the real estate hereinabove described be and Roy D. Buol, Mayor the same is hereby approved, and the Mayor Attest: Jeanne F. Schneider, City Clerk and City Clerk be and they are hereby autho- Cline moved adoption of the Resolution. rized and directed to execute said plat for and Seconded by Jones. Motion carried 7-0. on behalf of the City of Dubuque, Iowa. Section 2. The City of Dubuque reserves unto Quarterly Investment Report: City Manager itself a perpetual easement as shown on the plat submitting the Finance Department Quarterly including the right of ingress and egress thereto, Investment Report for the period of April 1 for the purpose of erecting, installing, construct-through June 30, 2006, presented and read. ing, reconstructing, repairing, owning, operating, Cline moved that the communication be re- and maintaining water, sewer, drainage, gas, ceived and filed. Seconded by Jones. Motion telephone, television cable, fiber optics, and carried 7-0. electric lines as may be authorized by the City of Dubuque, Iowa. Installation of Street Lights – 1105 Locust Section 3. That the City Clerk be and is hereby Street: Historic Preservation Commission authorized and directed to file said plat and recommending approval of the installation of certified copy of this resolution in the office of restored antique street lights in the City right-of- the Recorder in and for Dubuque County, Iowa. way abutting 1105 Locust Street as requested Passed, approved and adopted this 7th day of by Dave Stuart, presented and read. Cline August, 2006. moved that the communication be received and Roy D. Buol, Mayor filed and recommendation approved. Seconded Attest: Jeanne F. Schneider, CMC, City Clerk by Jones. Motion carried 7-0. Cline moved adoption of the Resolution. Seconded by Jones. Motion carried 7-0. Fire Training Facility – Connection Charge: City Manager recommending approval of the Subdivision of Lot - First Supply, LLC: City payment of the $4,659.70 sanitary sewer con- Manager recommending approval to subdivide nection fee for the Dubuque County Emergency Lot 3 in the Dubuque Industrial Center West 5th Responder Training Center, presented and Addition to accommodate First Supply LLC’s read. Cline moved that the communication be need for a five acre expansion site, presented received and filed. Seconded by Jones. Motion and read. Cline moved that the communication carried 7-0. be received and filed. Seconded by Jones. Motion carried 7-0. State of Iowa Press Release: Press release issued by the State of Iowa recognizing the City RESOLUTION NO. 351-06 of Dubuque Housing Department for their efforts APPROVING PLAT OF SURVEY LOT 1 OF 3 to develop or preserve independent living units AND LOT 2 OF 3, DUBUQUE INDUSTRIAL to ensure people with disability have access to CENTER WEST 5TH ADDITION IN THE CITY housing in our community, presented and read. OF DUBUQUE, IOWA Michalski moved that the communication be Whereas, there has been presented to the City received and filed and commended the Housing Council of the City of Dubuque, Iowa, a Plat of Service Department. Seconded by Connors. Survey, Lot 1 of 3 and Lot 2 of 3, Dubuque Motion carried 7-0. Industrial Center West 5th Addition in the City of Dubuque, Iowa, dated July 31, 2006, prepared Improvement Contracts / Performance, Pay- by IIW Engineers and Surveyors, P.C., describ-ment and Maintenance Bonds: Grand River ing the property to be subdivided, a copy of Center Fountain Sign Rehabilitation Project and which is attached hereto (the Plat); and Five Flags Arena Fall Protection Project, Whereas, the Plat conforms to the laws and presented and read. Cline moved that the statutes pertaining thereto. communication be received and filed. Seconded NOW THEREFORE, BE IT RESOLVED BY by Jones. Motion carried 7-0. THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Business Licenses: Section 1. The Plat is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to execute the Plat for and on behalf of the City of Dubuque, Iowa. Section 2. The City Clerk is hereby authorized and directed to file the Plat and a certified copy of this resolution in the office of the Recorder, in and for Dubuque County, Iowa. Regular Session, August 7, 2006 307 RESOLUTION NO. 352-06 ceived and filed. Seconded by Connors. Motion NOW, THEREFORE, BE IT RESOLVED BY carried 7-0. THE CITY COUNCIL OF THE CITY OF DUBU- RESOLUTION NO. 354-06 QUE, IOWA: INTENT TO DISPOSE OF AN INTEREST IN That the following having complied with the CITY OF DUBUQUE REAL ESTATE provisions of law relating to the sale of Ciga- AND rettes within the City of Dubuque, Iowa, be FIXING THE DATE FOR A PUBLIC HEARING granted a permit to sell Cigarettes and Cigarette OF THE CITY COUNCIL OF THE CITY OF Papers within said City. DUBUQUE, IOWA ON THE PROPOSED 2 RENEWALS ISSUANCE OF URBAN RENEWAL TAX 5-Point Mart, Kristina Husemann, 405 INCREMENT REVENUE OBLIGATIONS AND Rhomberg Ave. THE EXECUTION OF A DEVELOPMENT Econofoods, Nash Finch Company, 3355 AGREEMENT RELATING THERETO WITH JFK Circle CONLON JOHNSON DEVELOPMENT LLC, Passed, approved and adopted this 7th day of AND PROVIDING FOR THE PUBLICATION OF August, 2006. NOTICE THEREOF Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Whereas, the City of Dubuque, Iowa (City) is Cline moved adoption of the Resolution. the owner of the following real property (the Seconded by Jones. Motion carried 7-0. Property); Lot 4 Block 1 Dubuque Technology Park in the RESOLUTION NO. 353-06 City of Dubuque, Iowa, according to the record- Whereas, applications for Liquor Licenses ed plat thereof and Lot 1 of Dubuque Technolo- have been submitted to this Council for approval gy Park No. 2 and the same have been examined and ap- And proved; and Whereas, City and Conlon Johnson Develop- Whereas, the premises to be occupied by such ment LLC have entered into a Development applicants were inspected and found to comply Agreement, subject to the approval of the City with the State Laws and all City Ordinances Council, a copy of which is now on file at the relevant thereto and they have filed proper Office of the City Clerk, City Hall, 13th and bonds. Central Avenue, Dubuque, Iowa, pursuant to NOW, THEREFORE, BE IT RESOLVED BY which City will convey the Property to Conlon THE CITY COUNCIL OF THE CITY OF DUBU-Johnson Development LLC; and QUE, IOWA: Whereas, the City Council has tentatively That the Manager be authorized to cause to be determined that it would be in the best interests issued the following named applicants a Liquor of the City to approve the Development Agree- License. ment, including the conveyance of the Property SPECIAL CLASS “C” LIQUOR LICENSE to Conlon Johnson Development LLC; and Choo Choo Charlies Pizza, Choo Choo Whereas, it is deemed necessary and advisa- Charlies, +(Sunday Sales), 1895 JFK Rd. ble that City should authorize Urban Renewal Bell Tower Productions, Bell Tower Produc-Tax Increment Revenue obligations, as provided tions, 2785 Asbury Rd. by Chapter 403 of the Code of Iowa, and to L & L Investment Co, LLC, Players Sports enter into the Development Agreement relating Bar, 1902 Central Ave. thereto for the purpose of carrying out an Urban Passed, approved and adopted this 7th day of Renewal Plan as hereinafter described; and August, 2006. Whereas, before said obligations may be Roy D. Buol, Mayor approved, Chapter 403 of the Code of Iowa Attest: Jeanne F. Schneider, CMC, City Clerk requires that the City Clerk publish a notice of Cline moved adoption of the Resolution. the proposal and of the time and place of the Seconded by Jones. Motion carried 7-0. meeting at which the City Council proposes to take action thereon and at which meeting the ITEMS TO BE SET FOR PUBLIC HEARING City Council shall receive oral and/or written objections from any resident or property owner Conlon Johnson Development LLC Develop-of said City to such proposed action. ment Agreement: City Manager recommending NOW THEREFORE, BE IT RESOLVED BY that a public hearing be set for August 21, 2006 THE CITY COUNCIL OF THE CITY OF DUBU- to consider approval of a Development Agree-QUE, IOWA: ment and the sale of 4.694 acres of land in Section 1. The City of Dubuque intends to Dubuque Technology Park to Conlon Johnson dispose of its interest in the foregoing-described Development LLC for construction of a 22,000 Property by Deed to Conlon Johnson Develop- square foot office building, presented and read. ment LLC. Lynch moved that the communication be re- Section 2. The City Clerk is hereby authorized and directed to cause this Resolution and a 308 Regular Session, August 7, 2006 RESOLUTION NO. 355-06 notice to be published as prescribed by Iowa PRELIMINARY APPROVAL OF PLANS AND Code Section 364.7 of a public hearing on the SPECIFICATIONS City's intent to dispose of the foregoing- described Property, to be held on the 21st day of NOW THEREFORE, BE IT RESOLVED BY August, 2006, at 6:30 o'clock p.m. in the Audito-THE CITY COUNCIL OF THE CITY OF DUBU- rium of the Carnegie-Stout Public Library in QUE, IOWA: Dubuque, Iowa, 11th & Locust, Dubuque, Iowa. That the proposed plans, specifications, form Section 3. The City Council will also meet at of contract and estimated cost for the US 20 said time and place for the purpose of taking (Devon Drive to Menards) Capacity Improve- action on the matter of authorizing Urban Re-ments Project – Phase I, Traffic Signal and newal Tax Increment Revenue obligations and Intelligent Transportation System Improvements the execution of the Development Agreement (STP-A-020-9(186)—22-31) in the estimated relating thereto with Conlon Johnson Develop-amount $190,035.89 are hereby approved and ment LLC, the proceeds of which obligations will ordered filed in the office of the City Clerk for be used to carry out certain of the special public inspection. th financing activities described in the Urban Passed, adopted and approved this 7 day of Renewal Plan for the Dubuque Industrial Center August, 2006. South Economic Development District, consist-Roy D. Buol, Mayor ing of the funding of economic developments Attest: Jeanne F. Schneider, CMC, City Clerk grants to Conlon Johnson Development LLC Lynch moved adoption of the Resolution. pursuant to the Development Agreement under Seconded by Connors. Motion carried 7-0. the terms and conditions of said Urban Renewal RESOLUTION NO. 356-06 Plan. It is expected that the aggregate amount of FIXING DATE OF HEARING ON PLANS AND the Tax Increment Revenue obligations will be SPECIFICATIONS approximately $775,000. Section 4. The Clerk is hereby directed to Whereas, the City Council of the City of cause at least one publication to be made of a Dubuque, Iowa has given its preliminary ap- notice of said meeting, in a newspaper, printed proval on the proposed plans, specifications, wholly in the English language, published at and form of contract and placed same on file in least once weekly, and having general circula-the office of the City Clerk for public inspection tion in said City, said publication to be not less of the US 20 (Devon Drive to Menards) Capacity than four days nor more than twenty days before Improvements Project – Phase I, Traffic Signal the date of said meeting on the issuance of said and Intelligent Transportation System Improve- obligations. ments (STP-A-020-9(186)—22-31). Section 5. That the notice of the proposed NOW THEREFORE, BE IT RESOLVED BY action to issue said obligations shall be in THE CITY COUNCIL OF THE CITY OF DUBU- substantially the form attached hereto. QUE, IOWA: th Passed, approved and adopted this 7th day of That a public hearing will be held on the 5 August, 2006. day of September, 2006, at 6:30 p.m. in the Roy D. Buol, Mayor Public Library Auditorium at which time interest- Attest: Jeanne F. Schneider, City Clerk ed persons may appear and be heard for or Lynch moved adoption of the Resolution and against the proposed plans and specifications, set public hearing for 8/21/06 at a meeting to form of contract and cost of said improvement, commence at 6:30 P.M. in the public library and the City Clerk be and is hereby directed to auditorium and direct the City Clerk to publish cause a notice of time and place of such hearing notice in the manner prescribed by law. to be published in a newspaper having general Seconded by Connors. Motion carried 7-0. circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more US 20 (Devon Drive to Menards) Capacity than twenty days prior to the day fixed for its Improvements Project: City Manager recom-consideration. At the hearing, any interested mending initiation of the public bidding process person may appear and file objections to the for the US 20 (Devon Drive to Menards) Capaci-proposed plans, specifications, contract, or ty Improvements Project and that a public estimated cost of the improvement. th hearing be set for September 5, 2006, presented Passed, adopted and approved this 7 day of and read. Lynch moved that the communication August, 2006. be received and filed. Seconded by Connors. Roy D. Buol, Mayor Motion carried 7-0. Attest: Jeanne F. Schneider, CMC, City Clerk Lynch moved adoption of the Resolution and set public hearing for 9/5/06 at a meeting to commence at 6:30 P.M. in the public library auditorium and direct the City Clerk to publish Regular Session, August 7, 2006 309 notice in the manner prescribed by law. Attest: Jeanne F. Schneider, CMC, City Clerk Seconded by Connors. Motion carried 7-0. Lynch moved adoption of the Resolution and set public hearing for 9/5/06 at a meeting to Loras Boulevard Traffic Signalization Re-commence at 6:30 P.M. in the public library placement Project: City Manager recommending auditorium and direct the City Clerk to publish initiation of the public bidding process for the notice in the manner prescribed by law. Loras Boulevard Traffic Signalization Replace-Seconded by Connors. Motion carried 7-0. ment Project and that a public hearing be set for RESOLUTION NO. 359-06 September 5, 2006, presented and read. Lynch ORDERING BIDS moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, RESOLUTION NO. 357-06 : IOWA PRELIMINARY APPROVAL OF PLANS AND That the Loras Boulevard Traffic Signalization SPECIFICATIONS Replacement Project is hereby ordered to be NOW THEREFORE, BE IT RESOLVED BY advertised for bids for construction. THE CITY COUNCIL OF THE CITY OF DUBU- BE IT FURTHER RESOLVED, that the amount QUE, IOWA: of the security to accompany each bid shall be in That the proposed plans, specifications, form an amount which shall conform to the provisions of contract and estimated cost for the Loras of the Notice to Bidders hereby approved as a Boulevard Traffic Signalization Replacement part of the plans and specifications heretofore Project in the estimated amount of $361,410.50 adopted. are hereby approved and ordered filed in the That the City Clerk is hereby directed to office of the City Clerk for public inspection. advertise for bids for the construction of the th Passed, approved and adopted this 7 day of improvements herein provided, to be published August, 2006. in a newspaper having general circulation in the Roy D. Buol, Mayor City of Dubuque, Iowa, which notice shall not be Attest: Jeanne F. Schneider, CMC, City Clerk less than four days nor more than forty-five days Lynch moved adoption of the Resolution. prior to the receipt of said bids at 2:00 p.m. on th Seconded by Connors. Motion carried 7-0. the 24 day of August, 2006. Bids shall be opened and read by the City Clerk at said time RESOLUTION NO. 358-06 and will be submitted to the Council for final th FIXING DATE OF HEARING ON PLANS AND action at 6:30 p.m. on the 5 day of September, SPECIFICATIONS 2006. th Whereas, the City Council of the City of Passed, approved and adopted this 7 day of Dubuque, Iowa has given its preliminary ap-August, 2006. proval on the proposed plans, specifications, Roy D. Buol, Mayor and form of contract and placed same on file in Attest: Jeanne F. Schneider, CMC, City Clerk the office of the City Clerk for public inspection Lynch moved adoption of the Resolution. of the Loras Boulevard Traffic Signalization Seconded by Connors. Motion carried 7-0. Replacement Project. NOW THEREFORE, BE IT RESOLVED BY Expansion of First Supply LLC: City Manager THE CITY COUNCIL OF THE CITY OF DUBU-recommending that a public hearing be set for QUE, IOWA: August 21, 2006 to consider selling five acres of th That a public hearing will be held on the 5 land in Dubuque Industrial Center West to First day of September, 2006, at 6:30 p.m. in the Supply LLC to construct a 30,000 square foot Public Library Auditorium at which time interest-distribution warehouse, presented and read. ed persons may appear and be heard for or Lynch moved that the communication be re- against the proposed plans and specifications, ceived and filed. Seconded by Connors. Motion form of contract and cost of said improvement, carried 7-0. and the City Clerk be and is hereby directed to RESOLUTION NO. 360-06 cause a notice of time and place of such hearing INTENT TO DISPOSE OF AN INTEREST IN to be published in a newspaper having general CITY OF DUBUQUE REAL ESTATE, SETTING circulation in the City of Dubuque, Iowa, which A TIME AND PLACE FOR HEARING ON A notice shall be not less than four days nor more DEVELOPMENT AGREEMENT RELATING than twenty days prior to the day fixed for its THERETO WITH FIRST SUPPLY LLC AND consideration. At the hearing, any interested PROVIDING FOR THE PUBLICATION OF person may appear and file objections to the NOTICE THEREOF proposed plans, specifications, contract, or estimated cost of the improvement. Whereas, the City of Dubuque, Iowa (City) is th Passed, approved and adopted this 7 day of the owner of the following real property (the August, 2006. Property): Roy D. Buol, Mayor 310 Regular Session, August 7, 2006 Lot 1 of 3 of Dubuque Industrial Center West notice in the manner prescribed by law. 5th Addition in the City of Dubuque, Iowa; Seconded by Connors. Motion carried 7-0. and BOARDS/COMMISSIONS Whereas, City and First Supply LLC have entered into a Development Agreement, subject to the approval of the City Council, a copy of Applicants are invited to address the Council which is now on file at the Office of the City regarding their desire to serve on the following Clerk, City Hall, 13th and Central Avenue, Boards/Commissions: Dubuque, Iowa, pursuant to which City will convey the Property to First Supply LLC; and Environmental Stewardship Advisory Commis- Whereas, the City Council has tentatively sion (One 1-year youth term – term of Miller) determined that it would be in the best interests Applicant: Claire Miller No one spoke. of the City to approve the Development Agree- ment, including the conveyance of the property Housing Advisory Trust Fund Committee (One to First Supply LLC; and 3-year at-large term through 8/17/09 – term of Whereas, before said obligations may be Hingtgen) Applicant: Doris M. Hingtgen No approved, Chapter 403 of the Code of Iowa one spoke. requires that the City Clerk publish a notice of the proposal and of the time and place of the Housing Commission (Three 3-year at-large meeting at which the City Council proposes to terms through 8/17/09 – terms of Culbertson, take action thereon and at which meeting the Holz and Grant and one 3-year Section 8 term City Council shall receive oral and/or written through 8/17/09 – term of Plein) objections from any resident or property owner At-Large Applicants: Dorothy A. Culbertson, of said City to such proposed action. Jim Holz No one spoke. NOW THEREFORE, BE IT RESOLVED BY Section 8 Applicant: John J. Plein Mr. Plein THE CITY COUNCIL OF THE CITY OF DUBU-spoke requesting consideration for reappoint- QUE, IOWA: ment. Section 1. The City of Dubuque intends to PUBLIC HEARINGS dispose of its interest in the foregoing-described Property by Deed to First Supply LLC pursuant to the Development Agreement. Michalski moved to suspend the rules to allow Section 2. The City Clerk is hereby authorized anyone present to address the Council. and directed to cause this Resolution and a Seconded by Cline. Motion carried 7-0. notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the Residential Parking Permit District – Vizaleea / City's intent to approve the Development Keymont Street: Agreement and dispose of the foregoing- Proof of publication on notice of hearing to described Property, to be held on the 21st day of consider a request to form a Residential Parking August, 2006, at 6:30 o'clock p.m. in the Audito-Permit District in the Vizaleea / Keymont Street rium of the Carnegie-Stout Public Library in area and City Manager recommending approval, Dubuque, Iowa, 11th & Locust, Dubuque, Iowa. presented and read. Connors moved that the Section 3. The Clerk is hereby directed to proof and communication be received and filed. cause at least one publication to be made of a Seconded by Lynch. Motion carried 7-0. notice of said meeting, in a newspaper, printed Donald Schumacher, 1762 Vizaleea, objected wholly in the English language, published at to the proposed Permit District, stating he should least once weekly, and having general circula-not have to pay for parking in front of his home. tion in said City, said publication to be not less Lisa McCarthy stated this is Hempstead High than four days nor more than twenty days before School’s problem and they should do something. the date of said meeting on the issuance of said As it is now, emergency vehicles can not even obligations. get through when students park closely on the Section 4. That the notice of the proposed nearby streets. action shall be in substantially the form attached Robert Cook, 1819 Vizaleea, spoke in support hereto. of the Residential Parking Permit District. Passed, approved and adopted this 7th day of Matt Zmudka, 1834 North Court and a student August, 2006. at Hempstead High School, spoke in opposition Roy D. Buol, Mayor to the proposed district, stating the homeowners Attest: Jeanne F. Schneider, City Clerk knew they would have parking problems living Lynch moved adoption of the Resolution and next to a school and establishing the district set public hearing for 8/21/06 at a meeting to would push the problem to other streets. commence at 6:30 P.M. in the public library Sydney Smith, Hempstead Student Council auditorium and direct the City Clerk to publish President, spoke in opposition to the proposed Regular Session, August 7, 2006 311 Residential Parking Permit District stating it was adoption of the plans and specifications for the unfair to students as it made them walk further. Cedar Street and Dog Track Wastewater Pump- Rose Manders, 1835 Vizaleea, spoke stating ing Stations Improvement Project and City that the students are rude and act in retaliation. Manager recommending approval and award of Howard Haigh, representing a nearby Hillcrest the contract to Portzen Construction, in the facility, spoke and stressed concerns for emer-amount of $1,400,000, with the possibility of a gency vehicles accessibility. $100,000 deduction in the contract price for an Dave Olson, 909 Spires Drive, Principal of alternative pump selection, presented and read. Hempstead High School, stated that parking has Michalski moved that the proof and communica- been a long time, multi-faceted issue and the tion be received and filed. Seconded by Braig. school is trying to address this but with a two Motion carried 7-0. year remodeling program there will be less RESOLUTION NO. 361-06 space in the parking lots. RESOLUTION ADOPTING PLANS AND Council discussed the ongoing parking issues SPECIFICATIONS near Hempstead and the students’ need for respect of the neighborhood residents. Whereas, on the 5th day of July, 2006, plans, specifications, form of contract and estimated An Ordinance amending the Code of Ordin-cost were filed with the City Clerk of Dubuque, ances of the City of Dubuque, Iowa by adopting Iowa for the Cedar Street and Dog Track Lift a new Section 32-401 providing for the designa-Station Improvements Project. tion of Vizaleea Drive from Pennsylvania Ave- Whereas, notice of hearing on plans, specifica- nue to Keystone Drive and Keymont Drive from tions, form of contract, and estimated cost was Keyway Drive to its westerly terminus as a published as required by law. Residential Parking Permit District, presented NOW THEREFORE, BE IT RESOLVED BY and read. THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: OFFICIAL PUBLICATION That the said plans, specifications, form of ORDINANCE NO. 57-06 contract and estimated cost are hereby ap- AMENDING SECTION 32-262(d) OF THE proved as the plans, specifications, form of CODE OF ORDINANCES OF THE CITY OF contract and estimated cost for said improve- DUBUQUE, IOWA, PROHIBITING PARKING ments for said project. th ON DESIGNATED STREETS OR PORTIONS Passed, adopted and approved this 7 day of THEREOF BY ADDING A PORTION OF August, 2006. KEYMONT DRIVE Roy D. Buol, Mayor NOW THEREFORE, BE IT ORDAINED BY Attest: Jeanne F. Schneider, CMC, City Clerk THE CITY COUNCIL OF THE CITY OF DUBU- Michalski moved adoption of the Resolution. QUE, IOWA: Seconded by Braig. Motion carried 7-0. Section 1. That the Code of Ordinances of the RESOLUTION NO. 362-06 City of Dubuque, Iowa, be amended by adding AWARDING CONSTRUCTION CONTRACT to Subsection (d) of Section 32-262 the follow- FOR THE CEDAR STREET AND DOG TRACK ing: LIFT STATION IMPROVEMENTS PROJECT Keymont Drive, Both Sides, from Vizaleea Drive to its Westerly Terminus. Whereas, sealed proposals have been submit- th Passed, adopted and approved this 7 day of ted by contractors for the Cedar Street and Dog August, 2006. Track Lift Station Improvements Project pur- /s/ Roy D. Buol, Mayor suant to Resolution No. 292-06 and notice to Attest: /s/ Jeanne F. Schneider, CMC, City Clerk bidders published in a newspaper published in Published officially in the Telegraph Herald the City of Dubuque, Iowa on the 7th day of July, th newspaper this 20 day of September, 2006. 2006. /s/ Jeanne F. Schneider, City Clerk Whereas, said sealed proposals were opened 1t 9/20 and read on the 28th day of July, 2006, and it Connors moved that the requirement that a has been determined that the bid of Portzen proposed Ordinance be considered and voted Construction Inc. of Dubuque, Iowa, in the on for passage at two Council Meetings prior to amount of $ 1,400,000.00 was the lowest bid for the meeting at which it is to be finally passed be the furnishings of all labor and materials and suspended. Seconded by Lynch. Motion carried performing the work as provided for the plans 7-0. Jones moved final consideration and and specifications. passage of the Ordinance. Seconded by Braig. NOW THEREFORE, BE IT RESOLVED BY Motion carried 7-0. THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Cedar Street and Dog Track Wastewater That the contract for the above improvements Pumping Stations Improvement Project: Proof of be awarded to Portzen Construction Inc. and the publication on notice of hearing to consider Manager be and is hereby directed to execute a 312 Regular Session, August 7, 2006 contract on behalf of the City of Dubuque for the cost were filed with the City Clerk of Dubuque, complete performance of the work. Iowa for the National Mississippi River Museum BE IT FURTHER RESOLVED: and Aquarium Expansion Project - Former That upon the signing of said contract and the Adams Company Building Re-Roof and Struc- approval of the contractor’s bond, the City tural Repairs Project. Treasurer is authorized and instructed to return Whereas, notice of hearing on plans, specifica- the bid deposits of the unsuccessful bidders. tions, form of contract, and estimated cost was Passed, approved and adopted this 7th day of published as required by law. August, 2006. NOW THEREFORE, BE IT RESOLVED BY Roy D. Buol, Mayor THE CITY COUNCIL OF THE CITY OF DUBU- Attest: Jeanne F. Schneider, CMC, City Clerk QUE, IOWA: Michalski moved adoption of the Resolution. That the said plans, specifications, form of Seconded by Braig. Motion carried 7-0. contract and estimated cost are hereby ap- proved as the plans, specifications, form of RESOLUTION NO. 363-06 contract and estimated cost for said improve- APPROVING CONSTRUCTION CONTRACT ments for said project. th WITH PORTZEN CONSTRUCTION INC. FOR Passed, adopted and approved this 7 day of THE CEDAR STREET AND DOG TRACK LIFT August, 2006. STATION IMPROVEMENTS PROJECT Roy D. Buol, Mayor Whereas, the City Council by Resolution No. Attest: Jeanne F. Schneider, CMC, City Clerk 290-06 awarded the construction contract for the Connors moved adoption of the Resolution. Cedar Street and Dog Track Lift Station Im-Seconded by Michalski. Motion carried 7-0. provements Project to Portzen Construction Inc.; RESOLUTION NO. 365-06 and AWARDING CONSTRUCTION CONTRACT Whereas, Portzen Construction Inc. has FOR THE NATIONAL MISSISSIPPI RIVER submitted the attached executed contract and MUSEUM AND AQUARIUM EXPANSION bond. PROJECT -- FORMER ADAMS COMPANY NOW THEREFORE, BE IT RESOLVED BY BUILDING RE-ROOF AND STRUCTURAL THE CITY COUNCIL OF THE CITY OF DUBU- REPAIRS EDA PROJECT NO. 05-01-03816 QUE, IOWA: 1. The contract and bond attached hereto are Whereas, sealed proposals have been submit- hereby approved. ted by contractors for the National Mississippi 2. The City Manager is hereby authorized and River Museum and Aquarium Expansion Project directed to execute the contract on behalf of the -- Former Adams Company Building Re-roof and City of Dubuque. Structural Repairs EDA Project No. 05-01-03816 Passed, approved and adopted this 7th day of pursuant to Resolution No. 295-06 and notice to August, 2006. bidders published in a newspaper published in Roy D. Buol, Mayor the City of Dubuque, Iowa on the 7th day of July, Attest: Jeanne F. Schneider, CMC, City Clerk 2006. Whereas, said sealed proposals were Michalski moved adoption of the Resolution. opened and read on the 27th day of July, 2006, Seconded by Braig. Motion carried 7-0. and it has been determined that the bid of Tricon General Construction, Inc. of Dubuque, Iowa, in National Mississippi River Museum and the amount of $411,220.00 was the lowest bid Aquarium Expansion Project / Former Adams for the furnishings of all labor and materials and Company Building Re-Roof and Structural performing the work as provided for in the plans Repairs Project: Proof of publication on notice of and specifications. hearing to consider adoption of the plans and NOW THEREFORE, BE IT RESOLVED BY specifications for the National Mississippi River THE CITY COUNCIL OF THE CITY OF DUBU- Museum and Aquarium Expansion Project / QUE, IOWA: Former Adams Company Building Re-Roof and That the contract for the above improvement Structural Repairs Project and City Manager be awarded to Tricon General Construction, Inc. recommending approval and award of the and the Manager be and is hereby directed to contract to Tricon General Construction, pre-execute a contract on behalf of the City of sented and read. Connors moved that the proof Dubuque for the complete performance of the and communication be received and filed. work. Seconded by Michalski. Motion carried 7-0. BE IT FURTHER RESOLVED: That upon the signing of said contract and the RESOLUTION NO. 364-06 approval of the contractor’s bond, the City RESOLUTION ADOPTING PLANS AND Treasurer is authorized and instructed to return SPECIFICATIONS the bid deposits of the unsuccessful bidders. th Whereas, on the 7th day of July, 2006, plans, Passed, approved and adopted this 7 day of specifications, form of contract and estimated August, 2006. Regular Session, August 7, 2006 313 Roy D. Buol, Mayor by Jones. Motion carried 5-2 with Braig and Attest: Jeanne F. Schneider, CMC, City Clerk Jones voting Nay. Connors moved adoption of the Resolution. Seconded by Michalski. Motion carried 7-0. Michalski spoke of concerns with the amount of Police calls to this business. Van Milligen RESOLUTION NO. 366-06 stressed that the Police will monitor closely. APPROVING CONSTRUCTION CONTRACT WITH TRICON GENERAL CONSTRUCTION, RESOLUTION NO. 367-06 INC. FOR THE NATIONAL MISSISSIPPI Whereas, an application for a Liquor License RIVER MUSEUM AND AQUARIUM EXPAN- has been submitted to this Council for approval SION PROJECT -- FORMER ADAMS COM- and the same has been examined and ap- PANY BUILDING RE-ROOF AND STRUC- proved; and TURAL REPAIRS EDA PROJECT NO. 05-01- Whereas, the premises to be occupied by such 0381 applicant was inspected and found to comply Whereas the City Council by Resolution No. with the State Laws and all City Ordinances 365-06 awarded the construction contract for the relevant thereto and they have filed proper National Mississippi River Museum and Aqua-bonds. rium Expansion Project -- Former Adams Com- NOW, THEREFORE, BE IT RESOLVED BY pany Building Re-roof and Structural Repairs to THE CITY COUNCIL OF THE CITY OF DUBU- Tricon General Construction, Inc.; and QUE, IOWA: Whereas Tricon General Construction, Inc. That the Manager be authorized to cause to be has submitted the attached executed contract issued the following named applicant a Liquor and bond. License. NOW THEREFORE, BE IT RESOLVED BY CLASS “C” LIQUOR LICENSE THE CITY COUNCIL OF THE CITY OF DUBU-HE-FR Ltd., Gin Rickey’s, 1447 Central Ave. QUE, IOWA: Passed, approved and adopted this 7th day of 1. The contract and bond attached hereto are August, 2006. hereby approved. Roy D. Buol, Mayor 2. The City Manager is hereby authorized and Attest: Jeanne F. Schneider, CMC, City Clerk directed to execute the contract on behalf of the Connors moved adoption of the Resolution. City of Dubuque. Seconded by Jones. Motion carried 5-2 with th Passed, approved and adopted this 7 day of Braig and Jones voting Nay. August, 2006. Roy D. Buol, Mayor Dubuque Screw Products, Inc.: City Manager Attest: Jeanne F. Schneider, CMC, City Clerk submitting a request from Dubuque Screw Connors moved adoption of the Resolution. Products, Inc. to assign the Purchase Agree- Seconded by Michalski. Motion carried 7-0. ment, but not the Development Agreement, approved by the City Council on June 19, 2006 Connors moved that the rules be reinstated to Beck Construction, Inc., presented and read. limiting discussion to the Council. Seconded by Cline moved that the communication be re- Braig. Motion carried 7-0. ceived and filed and approved request and the City Attorney authorized to finalize the non- ACTION ITEMS material changes. Seconded by Connors. Motion carried 7-0. Sidewalk Installation Delay Request: City Manager recommending that the request of Mr. Fiscal Year 2007 Dubuque County REAP and Mrs. Michael Lombardi, 948 Spires Drive, Plan: City Manager recommending approval of and Mr. and Mrs. Richard Soens, 978 Spires the City of Dubuque’s update of the FY 2007 Drive, to delay the installation of new public Dubuque County REAP Plan, submittal of the sidewalk ion the Knight Court side of their FY 2007 REAP grant application of $200,000 for property be approved and that the City’s side-the Trolley Line Trail at Eagle Point Park and walk policy be amended, presented and read. appointment of a City Council representative Michalski moved that the communications be (currently Council Member Joyce Connors) to received and filed and approved recommenda-the REAP Committee, presented and read. tion and directed a policy amendment to reflect Michalski moved that the communication be this change. Seconded by Connors. Motion received and filed and approved recommenda- carried 7-0. tion and reappointment of Joyce Connors. Seconded by Cline. Motion carried 7-0. Liquor License – Gin Rickey’s: City Manager recommending that the liquor license for Gin Rickey’s be approved for a period of six months, presented and read. Connors moved that the communication be received and filed. Seconded 314 Regular Session, August 7, 2006 RESOLUTION NO. 368-06 At 9:01 P.M. Council reconvened stating that RESOLUTION AUTHORIZING A REAP Staff had been given proper direction. GRANT APPLICATION TO THE IOWA DE- PARTMENT OF NATURAL RESOURCES FOR There being no further business, Cline moved TROLLEY LINE TRAIL to adjourn. Seconded by Connors. Motion Whereas, the City of Dubuque has identified carried 7-0. The meeting adjourned at 9:02 P.M. the Trolley Line Trail as an important recreation- al facility to be developed as part of the City’s /s/ Jeanne F. Schneider, CMC commitment to a citywide bike/hike network City Clerk adopted by the City of Dubuque in 1995; and Whereas, the Iowa Department of Natural Resources has allocated grant funds in the REAP (Resource Enhancement and Protection) Program for the development of bike/hike trails; and Whereas, the City of Dubuque has adopted a Comprehensive Plan that includes goals for development of bike/hike trails. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The Mayor hereby is authorized to sign and the Planning Services Manager is hereby authorized to submit an application to the Iowa Department of Natural Resources for REAP funds for the Trolley Line Trail. Section 2. That in the event said application is approved, the City Council hereby provides its written assurance that the completed project will be adequately maintained for its intended use in accordance with state requirements. Passed, approved and adopted this 7th day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. Iowa League of Cities’ Legislative Issues Survey: City Manager recommending approval of the City’s response to the Iowa League of Cities’ Legislative Issues Survey, presented and read. Cline moved that the communication be received and filed and approved response. Seconded by Connors. Motion carried 7-0. COUNCIL MEMBER REPORTS Ann Michalski stated that an article in the New York Times sounded amazingly like Dubuque. Roy D. Buol stated that the people at the Kiwa- nis Convention were impressed with Dubuque. Ric Jones stated there were 600+ people at the Kiwanis Convention who were very impressed with Dubuque and want to come back again next year. At 8:37 P.M. Cline moved to go into Closed Session: re: Pending Litigation and Property Acquisition – Chapter 21.5(1)(c)(j) 2005 Code of Iowa. Seconded by Connors. Motion carried 7-0. Special & Regular Sessions, August 21, 2006 315 DUBUQUE DUBUQUE CITY COUNCIL CITY COUNCIL OFFICIAL OFFICIAL PROCEEDINGS PROCEEDINGS City Council, Special Session, August 21, City Council, Regular Session, August 21, 2006 2006 Council met in Special Session at 6:00 P.M. in Council met in Regular Session at 6:30 P.M. in the Library Auditorium the Library Auditorium Present: Mayor Buol, Council Members Braig, Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski, City Cline, Connors, Jones, Lynch, Michalski, City Manager Van Milligen, City Attorney Lindahl Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a Mayor Buol read the call and stated this is a special session of the City Council called for the regular session of the City Council called for the purpose of meeting with the Human Rights purpose of discussing such matters which may Commission to receive an update on ADA properly come before the Council. Accessibility. Invocation was given by Deacon Dave Jim Jarrard, Chair of the Human Rights McGhee of Nativity Catholic Church. Commission and Judy Giesen, Chair of the CONSENT ITEMS Human Rights ADA Subcommittee, reported on ADA accessibility in Dubuque. Giesen stressed the importance of the Americans with Disabilities Minutes and Reports Submitted: Cable Tele- Act law, the difficulty of a volunteer group to get programming Commission of 6/6; City Council of the job done, and stated that a staff person 8/7; Civil Service of 6/2, 6/6 and 6/30; Historic should be assigned to address this issue. She Preservation Commission of 7/20; Housing also requested consideration of hanging “Proud-Code Appeals Board of 3/2; Library Board of ly Accessible” banners in Dubuque. Trustees of 4/27, 6/22 and 7/7; Zoning Advisory Commission of 8/2, presented and read. Cline Council discussed the importance of this moved that the minutes be received and filed. project, the responsibility of the Commission, Seconded by Connors. Motion carried 7-0. and the possibility of available tax credits and other incentives to promote accessibility issues. Proofs of publication of City Council Proceed- ings of July 17, 2006 and List of Claims and There being no further business, Michalski Summary of Revenues for month ending June moved to adjourn. Seconded by Cline. Motion 30, 2006, presented and read. Cline moved that carried 7-0. The meeting adjourned at 6:29 P.M. the proofs be received and filed. Seconded by Connors. Motion carried 7-0. /s/ Jeanne F. Schneider, CMC City Clerk Notice of Claims/Suits: Louise Ehlinger for personal injury, presented and read. Cline moved that the claim/suit be received and filed and referred to the City Attorney for investiga- tion/report. Seconded by Connors. Motion carried 7-0. City Attorney advising that the following claims have been referred to Public Entity Risk Servic- es of Iowa, the agent for the Iowa Communities Assurance Pool: Louise Ehlinger for personal injury; Milton Ernst for property damage; Emily Freiberger for property damage, presented and read. Cline moved that the communications be received and filed and concurred. Seconded by Connors. Motion carried 7-0. Request to Purchase: Communication from John Gronen requesting to purchase a portion of a City-owned alley abutting his property at 1798 316 Regular Session, August 21, 2006 RESOLUTION NO. 369-06 Washington Street, presented and read. Cline APPROVING THE ACQUISITION PLAT OF A moved that the communication be received and PART OF LOT 1 OF DR. Q’S PLACE IN THE filed and referred to the City Manager. CITY OF DUBUQUE, DUBUQUE COUNTY, Seconded by Connors. Motion carried 7-0. IOWA AND ACCEPTING THE DEDICATION OF RIGHT-OF-WAY FOR ASBURY ROAD Green Dubuque: Communication from Jake Werner, 640 Lorimer, regarding the desire for a Whereas, the City of Dubuque entered into a green Dubuque and a sustainable future for the Development Agreement with QHQ Properties City, presented and read. Cline moved that the pursuant to which they agreed to survey, plat, communication be received and filed. Seconded and dedicate right-of-way along the north side of by Connors. Motion carried 7-0. Asbury Road to the City of Dubuque; and Whereas, there has been presented to the City Residential Parking Permit District: Communi-Council of the City of Dubuque, Iowa, an Acqui- cation from Dorothy and Lisa McCarthy, 1797 sition Plat of a part of Lot 1 of Dr. Q’s Place in Vizaleea Drive, in appreciation of the City the City of Dubuque, Iowa, dated April 24, 2006, Council’s support for the Residential Parking prepared by Buesing & Associates; and Permit District, presented and read. Cline moved Whereas, upon said plat of Lot A of Dr. Q’s that the communication be received and filed. Place in the City of Dubuque, Dubuque County, Seconded by Connors. Motion carried 7-0. Iowa, appears right-of-way and public utility easements, which the owner, by said Acquisition Certificate of Completion – Marke, LLC (Ves-Plat, has dedicated to the public forever; and sel Systems): City Manager recommending Whereas, the Acquisition Plat conforms to the approval of the issuance of a Certificate of laws and statues pertaining thereto. Completion to Marke, LLC (Vessel Systems) in NOW THEREFORE, BE IT RESOLVED BY the Dubuque Industrial Center West acknowl-THE CITY COUNCIL OF THE CITY OF DUBU- edging completion of their obligations to con-QUE, IOWA: struct Minimum Improvements, presented and Section 1. That the dedication of Lot A of Dr. read. Cline moved that the communication be Q’s Place in the City of Dubuque, Dubuque received and filed and approved recommenda-County, Iowa, for right-of-way and public utilities tion. Seconded by Connors. Motion carried 7-0. as they appear upon said Acquisition Plat, be and the same are hereby accepted. PEG Access Capital Grant Expenditure: City Section 2. That the Acquisition Plat is hereby Manager recommending approval of a $5,000 approved, and the Mayor and City Clerk are grant from the Capital Grant for Access Equip-hereby authorized and directed to execute the ment and Facilities Fund to Wahlert High Plat for and on behalf of the City of Dubuque, School/Holy Family Schools for a new digital Iowa. camcorder and $5,070 to Mediacom’s Public Section 3. That the City Clerk is hereby Access Studio for a camcorder shoulder brace authorized and directed to file the Acquisition and wireless intercom system, presented and Plat and a certified copy of this resolution in the read. Cline moved that the communication be office of the Recorder in and for Dubuque received and filed and approved recommenda-County, Iowa. st tion. Seconded by Connors. Motion carried 7-0. Passed, approved and adopted this 21 day of August, 2006. Legislative Correspondence: Communication Roy D. Buol, Mayor to Senator Charles Grassley, Senator Tom Attest: Jeanne F. Schneider, CMC, City Clerk Harkin and Congressman Jim Nussle regarding Cline moved adoption of the Resolution. the RIGHT Act, presented and read. Cline Seconded by Connors. Motion carried 7-0. moved that the communication be received and RESOLUTION NO. 370-06 filed. Seconded by Connors. Motion carried 7-0. APPROVING THE ACQUISITION PLAT OF A PART OF LOT 1 OF AAP PLACE IN THE CITY Asbury Road Widening: City Manager recom- OF DUBUQUE, DUBUQUE COUNTY, IOWA mending approval of the acquisition plats and AND ACCEPTING THE DEDICATION OF acceptance of the proposed right-of-way from RIGHT-OF-WAY FOR ASBURY ROAD the Church of the Resurrection, QHQ Properties, AAP Partners and Sam’s Real Estate Business Whereas, the City of Dubuque entered into a Trust, presented and read. Cline moved that the Development Agreement with AAP Partners communication be received and filed. Seconded pursuant to which they agreed to survey, plat, by Connors. Motion carried 7-0. and dedicate right-of-way along the north side of Asbury Road to the City of Dubuque; and Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, an Acqui- sition Plat of a part of Lot 1 of AAP Place in the Regular Session, August 21, 2006 317 City of Dubuque, Iowa, dated April 24, 2006, County, Iowa, for right-of-way and public utilities prepared by Buesing & Associates; and as they appear upon said Acquisition Plat, be Whereas, upon said plat of Lot A of AAP Place and the same are hereby accepted. in the City of Dubuque, Dubuque County, Iowa, Section 2. That the Acquisition Plat is hereby appears right-of-way and public utility ease-approved, and the Mayor and City Clerk are ments, which the owner, by said Acquisition hereby authorized and directed to execute the Plat, has dedicated to the public forever; and Plat for and on behalf of the City of Dubuque, Whereas, the Acquisition Plat conforms to the Iowa. laws and statues pertaining thereto. Section 3. That the City Clerk is hereby NOW THEREFORE, BE IT RESOLVED BY authorized and directed to file the Acquisition THE CITY COUNCIL OF THE CITY OF DUBU-Plat and a certified copy of this resolution in the QUE, IOWA: office of the Recorder in and for Dubuque Section 1. That the dedication of Lot A of AAP County, Iowa. st Place in the City of Dubuque, Dubuque County, Passed, approved and adopted this 21 day of Iowa, for right-of-way and public utilities as they August, 2006. appear upon said Acquisition Plat, be and the Roy D. Buol, Mayor same are hereby accepted. Attest: Jeanne F. Schneider, CMC, City Clerk Section 2. That the Acquisition Plat is hereby Cline moved adoption of the Resolution. approved, and the Mayor and City Clerk are Seconded by Connors. Motion carried 7-0. hereby authorized and directed to execute the RESOLUTION NO. 372-06 Plat for and on behalf of the City of Dubuque, APPROVING THE ACQUISITION PLAT OF A Iowa. PART OF LOT 1 OF SAM’S PLACE IN THE Section 3. That the City Clerk is hereby CITY OF DUBUQUE, DUBUQUE COUNTY, authorized and directed to file the Acquisition IOWA AND ACCEPTING THE DEDICATION Plat and a certified copy of this resolution in the OF RIGHT-OF-WAY FOR ASBURY ROAD office of the Recorder in and for Dubuque County, Iowa. Whereas, the City of Dubuque entered into a st Passed, approved and adopted this 21 day of Development Agreement with QHQ Properties August, 2006. pursuant to which they agreed to survey, plat, Roy D. Buol, Mayor and dedicate right-of-way along the north side of Attest: Jeanne F. Schneider, CMC, City Clerk Asbury Road to the City of Dubuque; and Cline moved adoption of the Resolution. Whereas, there has been presented to the City Seconded by Connors. Motion carried 7-0. Council of the City of Dubuque, Iowa, an Acqui- sition Plat of a part of Lot 1 of Sam’s Place in the RESOLUTION NO. 371-06 City of Dubuque, Iowa, dated April 24, 2006, APPROVING THE ACQUISITION PLAT OF A prepared by Buesing & Associates; and PART OF LOT 2 OF SAM’S PLACE IN THE Whereas, upon said plat of Lot B of Sam’s CITY OF DUBUQUE, DUBUQUE COUNTY, Place in the City of Dubuque, Dubuque County, IOWA AND ACCEPTING THE DEDICATION Iowa, appears right-of-way and public utility OF RIGHT-OF-WAY FOR ASBURY ROAD easements, which the owner, by said Acquisition Whereas, the City of Dubuque entered into a Plat, has dedicated to the public forever; and Development Agreement with Sam’s Real Whereas, the Acquisition Plat conforms to the Estate Business Trust pursuant to which they laws and statues pertaining thereto. agreed to survey, plat, and dedicate right-of-way NOW THEREFORE, BE IT RESOLVED BY along the north side of Asbury Road to the City THE CITY COUNCIL OF THE CITY OF DUBU- of Dubuque; and QUE, IOWA: Whereas, there has been presented to the City Section 1. That the dedication of Lot B of Council of the City of Dubuque, Iowa, an Acqui-Sam’s Place in the City of Dubuque, Dubuque sition Plat of a part of Lot 2 of Sam’s Place in the County, Iowa, for right-of-way and public utilities City of Dubuque, Iowa, dated June 28, 2006, as they appear upon said Acquisition Plat, be prepared by Buesing & Associates; and and the same are hereby accepted. Whereas, upon said plat of Lot A of Sam’s Section 2. That the Acquisition Plat is hereby Place in the City of Dubuque, Dubuque County, approved, and the Mayor and City Clerk are Iowa, appears right-of-way and public utility hereby authorized and directed to execute the easements, which the owner, by said Acquisition Plat for and on behalf of the City of Dubuque, Plat, has dedicated to the public forever; and Iowa. Whereas, the Acquisition Plat conforms to the Section 3. That the City Clerk is hereby laws and statues pertaining thereto. authorized and directed to file the Acquisition NOW THEREFORE, BE IT RESOLVED BY Plat and a certified copy of this resolution in the THE CITY COUNCIL OF THE CITY OF DUBU-office of the Recorder in and for Dubuque QUE, IOWA: County, Iowa. st Section 1. That the dedication of Lot A of Passed, approved and adopted this 21 day of Sam’s Place in the City of Dubuque, Dubuque August, 2006. 318 Regular Session, August 21, 2006 Roy D. Buol, Mayor presented and read. Michalski moved that the Attest: Jeanne F. Schneider, CMC, City Clerk communication be received and filed. Seconded Cline moved adoption of the Resolution. by Connors. Motion carried 7-0. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 374-06 RESOLUTION NO. 373-06 RESOLUTION OF SUPPORT AND FINANCIAL APPROVING THE ACQUISITION PLAT OF A COMMITMENT FOR THE MAIN STREET PART OF LOT 1 OF CHURCH PLACE NO. 2 PROGRAM IN DUBUQUE IN THE CITY OF DUBUQUE, DUBUQUE Whereas, an Agreement between the Iowa COUNTY, IOWA AND ACCEPTING THE Department of Economic Development, Dubu- DEDICATION OF RIGHT-OF-WAY FOR AS- que Main Street, Ltd. and the City of Dubuque BURY ROAD for the purpose of continuing the Main Street Whereas, the City of Dubuque entered into a Iowa program in Dubuque; and Development Agreement with the Church of the Whereas, this Agreement is pursuant to Resurrection, Inc. pursuant to which they agreed contractual agreements between the National to survey, plat, and dedicate right-of-way along Trust for Historic Preservation and the Iowa the north side of Asbury Road to the City of Department of Economic Development to assist Dubuque; and in the revitalization of the designated Main Whereas, there has been presented to the City Street project area of Dubuque Iowa; and Council of the City of Dubuque, Iowa, an Acqui- Whereas, the City Council of Dubuque en- sition Plat of a part of Lot 1 of Church Place No. dorses the goal of economic revitalization of the 2 in the City of Dubuque, Iowa, dated April 24, Downtown within the context of preservation and 2006, prepared by Buesing & Associates; and rehabilitation of its historic buildings and sup- Whereas, upon said plat of Lot A of Church ports the continuation of the Main Street Four Place No. 2 in the City of Dubuque, Dubuque Point Approach as developed by the National County, Iowa, appears right-of-way and public Trust for Historic Preservation and espoused by utility easements, which the owner, by said Main Street Iowa. Acquisition Plat, has dedicated to the public NOW THEREFORE BE IT RESOLVED by the forever; and City Council of the City of Dubuque, Iowa, Whereas, the Acquisition Plat conforms to the meeting in regular session on August 21, 2006, laws and statues pertaining thereto. that the City of Dubuque hereby agrees to NOW THEREFORE, BE IT RESOLVED BY support both financially and philosophically the THE CITY COUNCIL OF THE CITY OF DUBU-work of Dubuque Main Street, Ltd. and desig- QUE, IOWA: nates the Main Street Board to supervise the Section 1. That the dedication of Lot A of Program Director. Church Place No. 2 in the City of Dubuque, Passed, approved and adopted this 21st day Dubuque County, Iowa, for right-of-way and of August, 2006. public utilities as they appear upon said Acquisi-Roy D. Buol, Mayor tion Plat, be and the same are hereby accepted. Attest: Jeanne F. Schneider, CMC, City Clerk Section 2. That the Acquisition Plat is hereby Michalski moved adoption of the Resolution. approved, and the Mayor and City Clerk are Seconded by Connors. Motion carried 7-0. hereby authorized and directed to execute the Plat for and on behalf of the City of Dubuque, Collective Bargaining Agreement: City Manag- Iowa. er recommending approval of a collective Section 3. That the City Clerk is hereby bargaining agreement between the City of authorized and directed to file the Acquisition Dubuque and the Teamsters Local Union No. Plat and a certified copy of this resolution in the 421, presented and read. Cline moved that the office of the Recorder in and for Dubuque communication be received and filed. Seconded County, Iowa. by Connors. Motion carried 7-0. st Passed, approved and adopted this 21 day of RESOLUTION NO. 375-06 August, 2006. APPROVING THE AGREEMENT BETWEEN Roy D. Buol, Mayor THE CITY OF DUBUQUE, IOWA, AND THE Attest: Jeanne F. Schneider, CMC, City Clerk TEAMSTERS LOCAL UNION NO. 421 AND Cline moved adoption of the Resolution. AUTHORIZING THE MAYOR TO SIGN THE Seconded by Connors. Motion carried 7-0. AGREEMENT Dubuque Main Street, Ltd.: City Manager Whereas, the Sixty-Fifth General Assembly recommending approval of an agreement adopted the Public Employment Relations Act, between the Iowa Department of Economic Chapter 20, Code of Iowa; and Development, the City of Dubuque, and Dubu- Whereas, the City of Dubuque is a public que Main Street, Ltd., for the purpose of continu-employer within the meaning of Section 3 (1) of ing the Main Street Program in Dubuque, the Public Employment Relations Act; and Regular Session, August 21, 2006 319 Whereas, the Teamsters Local Union No. 421 Business Licenses: is an employee organization within the meaning RESOLUTION NO. 376-06 of Section 3 (4) of the Public Employment Relations Act; and NOW, THEREFORE, BE IT RESOLVED BY Whereas, the Teamsters Local Union No. 421, THE CITY COUNCIL OF THE CITY OF DUBU- submitted a request to bargain collectively on QUE, IOWA: behalf of the employees within its representa- That the following having complied with the tion; and provisions of law relating to the sale of Ciga- Whereas, bargaining between the parties has rettes within the City of Dubuque, Iowa, be occurred and an agreement has been con-granted a permit to sell Cigarettes and Cigarette cluded. Papers within said City. NOW, THEREFORE, BE IT RESOLVED BY 2 NEW THE CITY COUNCIL OF THE CITY OF DUBU-Clark of Dubuque, Shahid Mahmood, 700 QUE, IOWA: Rhomberg Ave. Section 1. That the terms of the agreement be Gin Rickey’s, Hefel/Frommelt LLC, 1447 approved and the Mayor authorized and directed Central Ave. to sign the collective bargaining agreement. Passed, approved and adopted this 21st day Passed, approved and adopted this 21st day of August, 2006. of August, 2006. Roy D. Buol, Mayor Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 377-06 Carnegie Stout Public Library: Communica- NOW, THEREFORE, BE IT RESOLVED BY tions in support of the restoration and renovation THE CITY COUNCIL OF THE CITY OF DUBU- plans of the Carnegie Stout Public Library, QUE, IOWA: presented and read. Cline moved that the That the following having complied with the communications be received and filed. provisions of law relating to the sale of Ciga- Seconded by Connors. Motion carried 7-0. rettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Iowa Department of Transportation: Notifica-Papers within said City. tion from the Iowa Department of Transportation 2 RENEWALS that a HMA (Hot Mix Asphalt) Joint and Crack Murph’s Southend Tap, Pam Murphy, 55 Lo- Sealing Project on US 20 from Old Highway cust St. Road east to the Northwest Arterial will be let on Shannons Bar, Rick Shannon, 521 E. 22nd November 21, 2006, presented and read. Cline St. moved that the communication be received and Passed, approved and adopted this 21st day filed. Seconded by Connors. Motion carried 7-0. of August, 2006. Roy D. Buol, Mayor Improvement Contracts / Performance, Pay-Attest: Jeanne F. Schneider, CMC, City Clerk ment and Maintenance Bonds: 2006 Grandview Cline moved adoption of the Resolution. Avenue Concrete Section Repair Project and Seconded by Connors. Motion carried 7-0. Northwest Arterial Hike/Bike Trail Phase I RESOLUTION NO. 378-06 Project, presented and read. Cline moved that the communications be received and filed. Whereas, applications for Beer Permits have Seconded by Connors. Motion carried 7-0. been submitted and filed to this Council for approval and the same have been examined Business License Refund: Refund of Isabella’s and approved: and at the Ryan House, LLC liquor license in the Whereas, the premises to be occupied by amount of $168.75, presented and read. Cline such applicants were inspected and found to moved that the communication be received and comply with the Ordinances of the City and have filed. Seconded by Connors. Motion carried 7-0. filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY Liquor License Transfer: Transfer of the liquor THE CITY COUNCIL OF THE CITY OF DUBU- license of the Rotary Club of Dubuque from the QUE, IOWA: Grand Opera House to the Port of Dubuque for That the Manager be authorized to cause to be the Rock and Soul Reunion II, presented and issued the following named applicants a Beer read. Cline moved that the communication be Permit. received and filed and approved transfer. CLASS “B” BEER (5 – DAY SPECIAL EVENT) Seconded by Connors. Motion carried 7-0. Riverfest Special Events, Riverfest Special, Event, +(Sunday/Outdoor Sale), 7th & Main 320 Regular Session, August 21, 2006 Street, presented and read. Lynch moved that CLASS “C” BEER PERMIT the communication be received and filed. CSC Gas Inc., Clark of Dubuque, +(Sunday Seconded by Braig. Motion carried 7-0. Sale), 700 Rhomberg Ave. RESOLUTION NO. 380-06 Rainbo Oil Company, Kwik Stop Food Mart, RESOLUTION OF INTENT TO VACATE AND +(Sunday Sale), 2255 Kerper Ave. DISPOSE OF CITY INTEREST IN LOT 44A OF Sid’s Beverage, Sid’s Beverage, +(Sunday YATES’ SUBDIVISION OF OUTLOTS 780 AND Sale), 2727 Dodge St. 713 IN THE CITY OF DUBUQUE, DUBUQUE TFM Company, Oky Doky #6, +(Sunday COUNTY, IOWA Sale), 256 Iowa St. Passed, approved and adopted this 21st day Whereas, Loras College has requested the of August, 2006. vacating and disposal of the westerly 30 feet of th Roy D. Buol, Mayor the alley between West 16 Street and West th Attest: Jeanne F. Schneider, CMC, City Clerk 17 Street west of Catherine Street; and Cline moved adoption of the Resolution. Whereas, IIW Engineers & Surveyors, PC has Seconded by Connors. Motion carried 7-0. prepared and submitted to the City Council a plat showing the vacated portion of westerly 30 th RESOLUTION NO. 379-06 feet of the alley between West 16 Street and th Whereas, applications for Liquor Licenses West 17 Street west of Catherine Street and have been submitted to this Council for approval assigned a lot number thereto, which hereinafter and the same have been examined and ap-shall be known and described as Lot 44A of proved; and Yates’ Subdivision of Outlots 780 and 713 in the Whereas, the premises to be occupied by such City of Dubuque, Dubuque County, Iowa, should applicants were inspected and found to comply be approved. with the State Laws and all City Ordinances NOW THEREFORE, BE IT RESOLVED BY relevant thereto and they have filed proper THE CITY COUNCIL OF THE CITY OF DUBU- bonds. QUE, IOWA: NOW, THEREFORE, BE IT RESOLVED BY Section 1. That the City of Dubuque intends to THE CITY COUNCIL OF THE CITY OF DUBU-vacate and dispose of its interest in Lot 44A of QUE, IOWA: Yates’ Subdivision of Outlots 780 and 713 in the That the Manager be authorized to cause to be City of Dubuque, Dubuque County, Iowa. issued the following named applicants a Liquor Section 2. That the conveyance of Lot 44A of License. Yates’ Subdivision of Outlots 780 and 713 in the CLASS “C” BEER/LIQUOR LICENSE City of Dubuque, Dubuque County, Iowa, to Haggerty Enterprises, Inc., Ten Pin Tap, Loras College be contingent upon the payment +(Sunday Sale), 601 Rhomberg Ave. of $1,290.00, plus platting, publication, and filing Chad’s Bar LLC, Total Chaos, +(Sunday fees. Sale), 1700 Central Ave. Section 3. That the City Clerk be and is hereby Courtside, Inc., Courtside Sports Bar/Grill, authorized and directed to cause a notice of +(Sunday/Outdoor Sale), 2095 Holiday Dr. intent to vacate and dispose of said real estate Clarke College, Clarke College, to be published in the manner as prescribed by +(Sunday/Outdoor Sale), 550 Clarke Dr. law. st Fraternal Order of Eagles, Eagle Club, (1 Passed, approved and adopted this 21 day of Day Outdoor Sale), 1175 Century Dr August, 2006. CLASS “B” WINE Roy D. Buol, Mayor TFM Co., Oky Doky # 6, 1256 Iowa St. Attest: Jeanne F. Schneider, CMC, City Clerk Sid’s, Sid’s Beverage, 2727 Dodge St. Lynch moved adoption of the Resolution and Passed, approved and adopted this 21st day set this for public hearing on Tuesday, 9/5/06, at of August, 2006. a meeting to commence at 6:30 P.M. in the Roy D. Buol, Mayor public library auditorium and direct the City Clerk Attest: Jeanne F. Schneider, CMC, City Clerk to publish notice in the manner prescribed by Cline moved adoption of the Resolution. law. Seconded by Braig. Motion carried 7-0. Seconded by Connors. Motion carried 7-0. Vacate Unnamed Road Off of Rosedale ITEMS TO BE SET FOR PUBLIC HEARING Avenue: City Manager recommending that a public hearing be set for September 5, 2006 to Loras College – Request to Vacate: City consider vacating a portion of an unnamed Manager recommending that a public hearing be street off of Rosedale Avenue, presented and set for September 5, 2006 to consider a request read. Lynch moved that the communication be from Loras College to vacate and purchase a received and filed. Seconded by Braig. Motion portion of a City-owned alley between West 16th carried 7-0. Street and West 17th Street west of Catherine Regular Session, August 21, 2006 321 st RESOLUTION NO. 381-06 Passed, approved and adopted this 21 day of RESOLUTION OF INTENT TO VACATE AND August, 2006. DISPOSE OF CITY INTEREST IN AN UN- Roy D. Buol, Mayor NAMED ROAD SOUTH OF ROSEDALE Attest: Jeanne F. Schneider, CMC, City Clerk AVENUE NEAR GLEN OAK STREET TO BE Lynch moved adoption of the Resolution and DESCRIBED AS LOTS D, E, F AND G OF set this for public hearing on Tuesday, 9/5/06, at ROSEDALE ADDITION NO. 2 IN THE CITY OF a meeting to commence at 6:30 P.M. in the DUBUQUE, DUBUQUE COUNTY, IOWA public library auditorium and direct the City Clerk Whereas, the Engineering Department has to publish notice in the manner prescribed by requested the vacating and disposal of an law. Seconded by Braig. Motion carried 7-0. unnamed road south of Rosedale Avenue near Glen Oak Street; and Fourth Street Extension Vacating: City Man- Whereas, the Engineering Department has ager recommending that a public hearing be set prepared and submitted to the City Council plats for September 5, 2006 to consider vacating the showing the vacated portion of an unnamed Fourth Street Extension to reconstruct the street road south of Rosedale Avenue near Glen Oak in this area to provide access to the Shot Tower Street and assigned lot numbers thereto, which and parking areas adjacent to the brewery, hereinafter shall be known and described as presented and read. Lynch moved that the Lots D, E, F and G of Rosedale Addition No. 2 in communication be received and filed. Seconded the City of Dubuque, Dubuque County, Iowa; by Braig. Motion carried 7-0. and RESOLUTION NO. 382-06 Whereas, the City Council of the City of RESOLUTION OF INTENT TO VACATE LOT Dubuque, Iowa has determined that thisun- W IN DUBUQUE HARBOR IMPROVEMENT named road south of Rosedale Avenue near COMPANY ADDITION IN THE CITY OF DU- Glen Oak Street is no longer required for public BUQUE, DUBUQUE COUNTY, IOWA use, except for utility easements as noted, and vacating and sale of said portions of alleys and Whereas, the City of Dubuque Engineering streets known as Lots D, E, F and G of Rose-Department has requested the vacating of dale Addition No. 2 in the City of Dubuque, Fourth Street Extension; and Dubuque County, Iowa, should be approved. Whereas, WHKS & Co. has prepared and NOW THEREFORE, BE IT RESOLVED BY submitted to the City Council a plat showing the THE CITY COUNCIL OF THE CITY OF DUBU-vacated Fourth Street Extension, except for QUE, IOWA: reserving the utility easements as noted, and Section 1. That the City of Dubuque intends to assigned a lot number thereto, which hereinafter vacate and dispose of its interest in Lots D, E, F shall be known and described as Lot W in and G of Rosedale Addition No. 2 in the City of Dubuque Harbor Improvement Company Addi- Dubuque, Dubuque County, Iowa. tion in the City of Dubuque, Dubuque County, Section 2. That the conveyance of Lot D of Iowa, should be approved. Rosedale Addition No. 2 in the City of Dubuque, NOW THEREFORE, BE IT RESOLVED BY Dubuque County, Iowa, to Robert C. and Mary THE CITY COUNCIL OF THE CITY OF DUBU- E. Timmerman be contingent upon the payment QUE, IOWA: of $300.00, plus publication and filing fees. Section 1. That the City of Dubuque intends to Section 3. That the conveyance of Lot E of vacate Lot W in Dubuque Harbor Improvement Rosedale Addition No. 2 in the City of Dubuque, Company Addition in the City of Dubuque, Dubuque County, Iowa, in the City of Dubuque, Dubuque County, Iowa. Iowa, to Michael J. and Sonya A. Bryson be Section 2. That the City Clerk be and is hereby contingent upon the exchange of properties. authorized and directed to cause a notice of Section 4. That the conveyance of Lot F of intent to vacate of said real estate to be pub- Rosedale Addition No. 2 in the City of Dubuque, lished in the manner as prescribed by law. st Dubuque County, Iowa, to John B. and Dana M. Passed, approved and adopted this 21 day of Priest be contingent upon the payment of August, 2006. $300.00, plus publication and filing fees. Roy D. Buol, Mayor Section 5. That the conveyance of Lot G of Attest: Jeanne F. Schneider, CMC, City Clerk Rosedale Addition No. 2 in the City of Dubuque, Lynch moved adoption of the Resolution and Dubuque County, Iowa, to Blum Properties be set this for public hearing on Tuesday, 9/5/06, at contingent upon the payment of $1.00, plus a meeting to commence at 6:30 P.M. in the publication and filing fees. public library auditorium and direct the City Clerk Section 6. That the City Clerk be and is hereby to publish notice in the manner prescribed by authorized and directed to cause a notice of law. Seconded by Braig. Motion carried 7-0. intent to vacate and dispose of said real estate to be published in the manner as prescribed by Voluntary Annexation Request: City Manager law. recommending that a public hearing be set for September 18, 2006 to consider a request from 322 Regular Session, August 21, 2006 Dubuque Bank and Trust to voluntarily annex to be published in a newspaper having general property located at 2690 Rockdale Road into the circulation in the City of Dubuque, Iowa, which City of Dubuque in conjunction with rezoning to notice shall be not less than four days nor more C-3 General Commercial District, presented and than twenty days prior to the day fixed for its read. Lynch moved to receive and file the consideration. At the hearing, any interested communication and set public hearing for person may appear and file objections to the 9/18/06 at a meeting to commence at 6:30 P.M. proposed plans, specifications, contract, or in the public library auditorium and direct the estimated cost of the improvement. st City Clerk to publish notice in the manner Passed, adopted and approved this 21 day of prescribed by law. Seconded by Braig. Motion August, 2006. carried 7-0. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Asbury Road Eastbound Lane Widening Lynch moved adoption of the Resolution. Project: City Manager recommending initiation of Seconded by Braig. Motion carried 7-0. the public bidding process for the Asbury Road RESOLUTION NO. 385-06 Eastbound Lane Widening Project and that a ORDERING BIDS public hearing be set for September 18, 2006, presented and read. Lynch moved that the NOW THEREFORE, BE IT RESOLVED BY communication be received and filed. Seconded THE COUNCIL OF THE CITY OF DUBUQUE, by Braig. Motion carried 7-0. IOWA: That the Asbury Road Eastbound Lane Widen- RESOLUTION NO. 383-06 ing Project is hereby ordered to be advertised PRELIMINARY APPROVAL OF PLANS AND for bids for construction. SPECIFICATIONS BE IT FURTHER RESOLVED, that the amount NOW THEREFORE, BE IT RESOLVED BY of the security to accompany each bid shall be in THE CITY COUNCIL OF THE CITY OF DUBU-an amount which shall conform to the provisions QUE, IOWA: of the Notice to Bidders hereby approved as a That the proposed plans, specifications, form part of the plans and specifications heretofore of contract and estimated cost for the Asbury adopted. Road Eastbound Lane Widening Project, in the That the City Clerk is hereby directed to estimated amounts of $119,500 for Phase I and advertise for bids for the construction of the $114,000 for Phase II are hereby approved and improvements herein provided, to be published ordered filed in the office of the City Clerk for in a newspaper having general circulation in the public inspection. City of Dubuque, Iowa, which notice shall not be st Passed, adopted and approved this 21 day of less than four days nor more than forty-five days August, 2006. prior to the receipt of said bids at 2:00 p.m. on th Roy D. Buol, Mayor the 12 day of September, 2006. Bids shall be Attest: Jeanne F. Schneider, CMC, City Clerk opened and read by the City Clerk at said time Lynch moved adoption of the Resolution. and will be submitted to the Council for final th Seconded by Braig. Motion carried 7-0. action at 6:30 p.m. on the 18 day of Septem- ber, 2006. st RESOLUTION NO. 384-06 Passed, adopted and approved this 21 day of FIXING DATE OF HEARING ON PLANS AND August, 2006. SPECIFICATIONS Roy D. Buol, Mayor Whereas, the City Council of the City of Attest: Jeanne F. Schneider, CMC, City Clerk Dubuque, Iowa has given its preliminary ap- Lynch moved adoption of the Resolution. proval on the proposed plans, specifications, Seconded by Braig. Motion carried 7-0. and form of contract and placed same on file in the office of the City Clerk for public inspection Pyatigorsk Park Parking Lot Project: City of the Asbury Road Eastbound Lane Widening Manager recommending initiation of the public Project. bidding process for the Pyatigorsk Park Parking NOW THEREFORE, BE IT RESOLVED BY Lot Project and that a public hearing be set for THE CITY COUNCIL OF THE CITY OF DUBU-September 18, 2006, presented and read. Lynch QUE, IOWA: moved that the communication be received and th That a public hearing will be held on the 18 filed. Seconded by Braig. Motion carried 7-0. day of September, 2006, at 6:30 p.m. in the RESOLUTION NO. 386-06 Public Library Auditorium at which time interest- PRELIMINARY APPROVAL OF PLANS AND ed persons may appear and be heard for or SPECIFICATIONS against the proposed plans and specifications, form of contract and cost of said improvement, BE IT RESOLVED BY THE CITY COUNCIL and the City Clerk be and is hereby directed to OF THE CITY OF DUBUQUE, IOWA: cause a notice of time and place of such hearing Regular Session, August 21, 2006 323 That the proposed plans, specifications, form in a newspaper having general circulation in the of contract and estimated cost for the Pyatigorsk City of Dubuque, Iowa, which notice shall not be Park Parking Lot Project, in the estimated less than four days nor more than forty-five days amount of $45,000, are hereby approved and prior to the receipt of said bids at 2:00 p.m. on ordered filed in the office of the City Clerk, for the 7th day of September, 2006. Bids shall be public inspection. opened and read by the City Clerk at said time Passed, approved and adopted this 21st day and will be submitted to the Council for final of August, 2006. action at 6:30 p.m. on the 18th day of Septem- Roy D. Buol, Mayor ber, 2006. Attest: Jeanne F. Schneider, City Clerk Passed, approved and adopted this 21st day Lynch moved adoption of the Resolution. of August, 2006. Seconded by Braig. Motion carried 7-0. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk RESOLUTION NO. 387-06 Lynch moved adoption of the Resolution. FIXING DATE OF HEARING ON PLANS AND Seconded by Braig. Motion carried 7-0. SPECIFICATIONS BOARDS/COMMISSIONS WHEREAS, the City Council of the City of Dubuque, Iowa has given its preliminary ap- proval on the proposed plans, specifications, Applicants are invited to address the Council and form of contract and placed same on file in regarding their desire to serve on the following the office of the City Clerk for public inspection Boards/Commissions: of the Pyatigorsk Park Parking Lot Project. Housing Commission: (Three 3-year at-large NOW, THEREFORE, BE IT RESOLVED, BY terms through 8/17/09 – terms of Culbertson, THE CITY COUNCIL OF THE CITY OF DUBU-Holz and Grant) Additional Applicants: Linda QUE, IOWA, that on the 18th day of September, Frommelt, Rachel M. Savage Ms. Frommelt 2006, a public hearing will be held at 6:30 p.m. and Ms. Savage both spoke requesting consid- in the Public Library Auditorium, at which time eration for appointment. interested persons may appear and be heard for or against the proposed plans and specifica- Appointments to the following Boards / Com- tions, form of contract and cost of said improve-missions: ment, and the City Clerk be and is hereby Environmental Stewardship Advisory Commis- directed to cause a notice of time and place of sion (One 1-year youth term – term of Miller) such hearing to be published in a newspaper Applicant: Claire Miller Connors moved that having general circulation in the City of Dubu-Claire Miller be reappointed to a one year term que, Iowa, which notice shall be not less than which will expire 6/1/07. Seconded by Michals- four days nor more than twenty days prior to the ki. Motion carried 7-0. day fixed for its consideration. At the hearing, Housing Advisory Trust Fund Committee (One any interested person may appear and file 3-year at-large term through 8/17/09 – term of objections to the proposed plans, specifications, Hingtgen) Applicant: Doris M. Hingtgen contract, or estimated cost of the improvement. Michalski moved that Doris M. Hingtgen be Passed, approved and adopted this 21st day reappointed to a three year term to expire on of August, 2006. 8/17/09. Seconded by Lynch. Motion carried 7- Roy D. Buol, Mayor 0. Attest: Jeanne F. Schneider, City Clerk Housing Commission (Three 3-year at-large Lynch moved adoption of the Resolution. terms through 8/17/09 – terms of Culbertson, Seconded by Braig. Motion carried 7-0. Holz and Grant and one 3-year Section 8 term through 8/17/09 – term of Plein) At-Large RESOLUTION NO. 388-06 Applicants: Dorothy A. Culbertson, Jim Holz and ORDERING BIDS additional applicants Linda Frommelt and BE IT RESOLVED BY THE COUNCIL OF Rachel M. Savage. Vote on the appointments THE CITY OF DUBUQUE, IOWA: was as follows: Michalski voted for Culbertson, That the Pyatigorsk Park Parking Lot Project is Holz and Savage. Braig voted for Culbertson, hereby ordered to be advertised for bids for Holz and Savage. Buol voted for Culbertson, construction. Holz and Savage. Cline voted for Culbertson, BE IT FURTHER RESOLVED, that the amount Holz and Savage. Connors voted for Culbertson, of the security to accompany each bid shall be in Holz and Frommelt. Jones voted for Culbertson, an amount which shall conform to the provisions Holz and Savage. Lynch voted for Culbertson, of the notice to bidders hereby approved as a Frommelt and Savage. Therefore, Dorothy A. part of the plans and specifications heretofore Culbertson and Jim Holz were reappointed and adopted. Rachel M. Savage was appointed to three year That the City Clerk is hereby directed to terms on the Housing Commission which will advertise for bids for the construction of the expire 8/17/09. improvements herein provided, to be published 324 Regular Session, August 21, 2006 Section 8 Applicant: John J. Plein; Michalski Section 3. This ordinance shall take effect moved that John J. Plein be reappointed to a immediately upon publication, as provided by three year term on the Housing Commission law. which will expire 8/17/09. Seconded by Con- Passed, approved and adopted this 21st day nors. Motion carried 7-0. of August 2006. Roy D. Buol, Mayor PUBLIC HEARINGS Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald Michalski moved that the rules be suspended newspaper this 28th day of August, 2006. to allow anyone present to address the Council. Jeanne F. Schneider, City Clerk Seconded by Cline. Motion carried 7-0. 1t 8/28 Michalski moved that the requirement that a 4905 Old Highway Road – Request to Rezone: proposed Ordinance be considered and voted Proof of publication on notice of hearing to on for passage at two Council Meetings prior to consider amending Appendix A (the Zoning the meeting at which it is to be finally passed be Ordinance) by reclassifying property located at suspended. Seconded by Jones. Motion carried 4905 Old Highway Road from R-3 Moderate 7-0. Michalski moved final consideration and Density Multi-Family Residential District to C-3 passage of the Ordinance. Seconded by Braig. General Commercial District as requested by Motion carried 7-0. David Bleile and Zoning Advisory Commission recommending approval, presented and read. Seippel Court – Request to Rezone: Proof of Michalski moved that the proof and communica-publication on notice of hearing to consider tion be received and filed. Seconded by Jones. amending Appendix A (the Zoning Ordinance) Motion carried 7-0. by reclassifying property located on Seippel David Bleile spoke in favor of the requested Court from R-2 Two-Family Residential District rezoning. to CS Commercial Service and Wholesale An Ordinance Amending Appendix A (the District as requested by Brian Lammers / Tri- Zoning Ordinance) by reclassifying hereinafter State Development Company and Zoning described property located at 4905 Old Highway Advisory Commission recommending approval, Road from R-3 Moderate Density Multi-Family presented and read. Connors moved that the Residential District to C-3 General Commercial proof and communication be received and filed. District, presented and read. Seconded by Braig. Motion carried 7-0. Brian Lammers spoke in favor of the requested OFFICIAL PUBLICATION rezoning. ORDINANCE NO. 58-06 AMENDING APPENDIX A (THE ZONING An Ordinance Amending Appendix A (the ORDINANCE) OF THE CITY OF DUBUQUE Zoning Ordinance) by reclassifying hereinafter CODE OF ORDINANCES BY RECLASSIFY- described property located on Seippel Court ING HEREINAFTER DESCRIBED PROPERTY from R-2 Two-Family Residential District to CS LOCATED AT 4905 OLD HIGHWAY ROAD Commercial Service and Wholesale District, FROM R-3 MODERATE DENSITY MULTI- presented and read. FAMILY RESIDENTIAL DISTRICT TO C-3 GENERAL COMMERCIAL DISTRICT OFFICIAL PUBLICATION ORDINANCE NO. 59-06 NOW, THEREFORE, BE IT ORDAINED BY AMENDING APPENDIX A (THE ZONING THE CITY COUNCIL OF THE CITY OF DUBU- ORDINANCE) OF THE CITY OF DUBUQUE QUE, IOWA: CODE OF ORDINANCES BY RECLASSIFY- Section 1. That Appendix A (The Zoning ING HEREINAFTER DESCRIBED PROPERTY Ordinance) of the City of Dubuque Code of LOCATED AT SEIPPEL COURT FROM R-2 Ordinances is hereby amended by reclassifying TWO-FAMILY RESIDENTIAL DISTRICT TO CS the hereinafter-described property from R-3 COMMERCIAL SERVICE AND WHOLESALE Moderate Density Multi-Family Residential DISTRICT District to C-3 General Commercial District , to wit: NOW, THEREFORE, BE IT ORDAINED BY Westerly 125’ of Lot 2 of 1 of 1 of 1 SW ¼ SE THE CITY COUNCIL OF THE CITY OF DUBU- ¼ Section 29, and to the centerline of the QUE, IOWA: adjoining public right-of-way, all in the City of Section 1. That Appendix A (The Zoning Dubuque, Iowa. Ordinance) of the City of Dubuque Code of Section 2. The foregoing amendment has Ordinances is hereby amended by reclassifying heretofore been reviewed by the Zoning Advi-the hereinafter-described property from R-2 sory Commission of the City of Dubuque, Iowa. Two-Family Residential District to CS Commer- cial service and Wholesale District, to wit: Regular Session, August 21, 2006 325 North 40.09’ of Lot 2 and Lot 3 Seippel Road Carnegie-Stout Public Library Auditorium, 360 Commercial Park, Plat 2, and to the centerline of W. 11th Street, Dubuque, Iowa.; and the adjoining public right-of-way, all in the City of Whereas, it is the determination of the City Dubuque, Iowa. Council that approval of the Development Section 2. The foregoing amendment has Agreement for the sale to and development of heretofore been reviewed by the Zoning Advi-the Property by Conlon Johnson Development, sory Commission of the City of Dubuque, Iowa. LLC according to the terms and conditions set Section 3. This ordinance shall take effect out in the Development Agreement is in the immediately upon publication, as provided by public interest of the City of Dubuque. law. NOW, THEREFORE, BE IT RESOLVED BY Passed, approved and adopted this 21st day THE CITY COUNCIL OF THE CITY OF DUBU- of August, 2006. QUE, IOWA: Roy D. Buol, Mayor Section 1. That the attached Development Attest: Jeanne F. Schneider, City Clerk Agreement by and between the City of Dubuque Published officially in the Telegraph Herald and Conlon Johnson Development, LLC for the newspaper this 28th day of August, 2006. sale of the Property is hereby approved. Jeanne F. Schneider, City Clerk Section 2. That the Mayor is hereby autho- 1t 8/28 rized and directed to execute the Development Connors moved that the requirement that a Agreement on behalf of the City and City Clerk proposed Ordinance be considered and voted is authorized and directed to attest to his signa- on for passage at two Council Meetings prior to ture. the meeting at which it is to be finally passed be Section 3. That the Mayor and City Clerk are suspended. Seconded by Braig. Motion carried hereby authorized and directed to execute and 7-0. Connors moved final consideration and deliver a Special Warranty Deed for the Property passage of the Ordinance. Seconded by Jones. as provided in the Development Agreement. Motion carried 7-0. Section 4. That the City Manager is authorized to take such actions as are necessary to comply Conlon Johnson Development LLC Develop-with the terms of the Development Agreement ment Agreement: Proof of publication on notice as herein approved. of hearing to consider approval of a Develop- Passed, approved and adopted this 21st day ment Agreement providing for the sale of 4.694 of August, 2006. acres of land in Dubuque Technology Park to Roy D. Buol, Mayor Conlon Johnson Development LLC for construc-Attest: Jeanne F. Schneider, City Clerk tion of a 22,000 square foot office building and Connors moved adoption of the Resolution. City Manager recommending approval, pre-Seconded by Cline. Motion carried 7-0. sented and read. Connors moved that the proof and communication be received and filed. Expansion of First Supply LLC: Proof of Seconded by Cline. Motion carried 7-0. publication on notice of hearing to consider Marty Johnson of Straka Johnson Architects approval of a Development Agreement with First spoke in favor of the Development Agreement Supply LLC and the sale of five acres of land in and sale. Dubuque Industrial Center West 5th Addition for construction of a 30,000 square foot distribution RESOLUTION NO. 389-06 warehouse and City Manager recommending APPROVING A DEVELOPMENT AGREEMENT approval, presented and read. Connors moved PROVIDING FOR THE SALE OF LOT 4 that the proof and communication be received BLOCK 1 DUBUQUE TECHNOLOGY PARK IN and filed. Seconded by Michalski. Motion carried THE CITY OF DUBUQUE, IOWA, ACCORDING 7-0. TO THE RECORDED PLAT THEREOF AND LOT 1 OF DUBUQUE TECHNOLOGY PARK Dave Prahler, Vice President of First Supply, NO. 2 TO CONLON JOHNSON DEVELOP- spoke in favor of the Development Agreement MENT, LLC. and sale. Whereas, the City Council, by Resolution No. RESOLUTION NO. 390-06 354-06, dated August 7, 2006, declared its intent APPROVING A DEVELOPMENT AGREEMENT to enter into a Development Agreement with PROVIDING FOR THE SALE OF LOT 1 OF 3 Conlon Johnson Development, LLC for the sale OF DUBUQUE INDUSTRIAL CENTER WEST of Lot 4 Block 1 Dubuque Technology Park in 5TH ADDITION IN THE CITY OF DUBUQUE, the City of Dubuque, Iowa, according to the IOWA, TO FIRST SUPPLY, LLC. recorded plat thereof and Lot 1 of Dubuque Technology Park No. 2 (the Property); and Whereas, the City Council, by Resolution No. Whereas, pursuant to published notice, a 360-06, dated August 7, 2006, declared its intent public hearing was held on the proposed dispo-to enter into a Development Agreement with sition on August 21, 2006 at 6:30 p.m. at the First Supply, LLC for the sale of Lot 1 of 3 of 326 Regular Session, August 21, 2006 RESOLUTION NO. 391-06 Dubuque Industrial Center West 5th Addition in APPROVING THE AMENDED AND RES- the City of Dubuque, Iowa (the Property); and TATED URBAN RENEWAL PLAN FOR THE Whereas, pursuant to published notice, a GREATER DOWNTOWN URBAN RENEWAL public hearing was held on the proposed dispo- DISTRICT sition on August 21, 2006 at 6:30 p.m. at the Carnegie-Stout Public Library Auditorium, 360 Whereas, on July 17, 2006 the City Council of W. 11th Street, Dubuque, Iowa; and the City of Dubuque, Iowa authorized the Whereas, it is the determination of the City preparation of an Amended and Restated Urban Council that approval of the Development Renewal Plan (the "Plan") for the Downtown Agreement for the sale to and development of Dubuque Urban Renewal District (the "District"); the Property by First Supply, LLC according to and the terms and conditions set out in the Devel- Whereas, the City of Dubuque's primary opment Agreement is in the public interest of the objective in amending this Plan is to provide City of Dubuque. opportunities for further redevelopment and NOW, THEREFORE, BE IT RESOLVED BY reinvestment in the downtown; and THE CITY COUNCIL OF THE CITY OF DUBU- Whereas, the Long Range Planning Commis- QUE, IOWA: sion has reviewed the proposed Plan and has Section 1. That the attached Development found that said document is consistent with the Agreement by and between the City of Dubuque Comprehensive Plan for the development of the and First Supply, LLC for the sale of the Proper-City of Dubuque as a whole and has transmitted ty is hereby approved. its findings to the City Council; and Section 2. That the Mayor is hereby autho- Whereas, a consultation process has been rized and directed to execute the Development undertaken with affected taxing entities in Agreement on behalf of the City and City Clerk accordance with Chapter 403 of the Code of is authorized and directed to attest to his signa-Iowa with no written objections or recommended ture. changes to the Plan received; and Section 3. That the Mayor and City Clerk are Whereas, the City Council, in accordance with hereby authorized and directed to execute and Chapter 403 of the Code of Iowa, has held a deliver a Special Warranty Deed for the Property public hearing on the proposed amended and as provided in the Development Agreement. restated Plan after public notice thereof. Section 4. That the City Manager is authorized NOW, THEREFORE, BE IT RESOLVED BY to take such actions as are necessary to comply THE CITY COUNCIL OF THE CITY OF DUBU- with the terms of the Development Agreement QUE, IOWA: as herein approved. Section 1. That the Amended and Restated Passed, approved and adopted this 21st day Urban Renewal Plan for the Greater Downtown of August, 2006. Urban Renewal District, attached hereto and Roy D. Buol, Mayor made reference to herein, be approved. Attest: Jeanne F. Schneider, City Clerk Section 2. That the City Clerk of the City of Connors moved adoption of the Resolution. Dubuque, Iowa is hereby authorized and di- Seconded by Michalski. Motion carried 7-0. rected to file a certified copy of the Resolution in the office of the Dubuque County Recorder. Greater Downtown Urban Renewal Plan: Proof Passed, approved and adopted this 21st day of publication on notice of hearing to consider an of August, 2006. Amended and Restated Urban Renewal Plan for Roy D. Buol, Mayor the Greater Downtown Urban Renewal District Attest: Jeanne F. Schneider, City Clerk to extend the boundaries of the District and City Jones moved adoption of the Resolution. Manager recommending approval, presented Seconded by Michalski. Motion carried 7-0. and read. Jones moved that the proof and communication be received and filed. Seconded Flora Pool Painting Project: Proof of publica- by Michalski. Motion carried 7-0. tion on notice of hearing to consider adoption of Rhodes “Bud” Isenhart, 8968 Quail Ridge the plans and specifications for the Flora Pool Court, spoke objecting to the proposed use of Painting Project and City Manager recommend- TIF funds. Clarification of proposed plans ing award of the contract to Fred Jackson concerning the Federal Building and parking Tuckpointing, Inc. in the amount of $50,350, issues was given by City Manager Michael C. presented and read. Cline moved that the proof Van Milligen and Economic Development and communication be received and filed. Director David Heiar. Seconded by Lynch. Motion carried 7-0. Regular Session, August 21, 2006 327 RESOLUTION NO. 392-06 RESOLUTION NO. 394-06 RESOLUTION ADOPTING PLANS AND APPROVING CONSTRUCTION CONTRACT SPECIFICATIONS WITH FRED JACKSON TUCKPOINTING, INC. FOR THE FLORA POOL PAINTING PROJECT WHEREAS, on the 17th day of July, 2006, plans, specifications, form of contract and Whereas, the City Council by Resolution No. estimated cost were filed with the City Clerk of 393-06 awarded the construction contract for the Dubuque, Iowa for the Flora Pool Painting Flora Pool Painting Project to Fred Jackson Project. Tuckpointing, Inc.; and WHEREAS, notice of hearing on plans, Whereas, Fred Jackson Tuckpointing, Inc. has specifications, form of contract, and estimated submitted the attached executed contract and cost was published as required by law. bond. NOW THEREFORE, BE IT RESOLVED BY NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: QUE, IOWA: That the said plans, specifications, form of 1. The contract and bond attached hereto are contract and estimated cost are hereby ap-hereby approved. proved as the plans, specifications, form of 2. The City Manager is hereby authorized and contract and estimated cost for said improve-directed to execute the contract on behalf of the ments for said project. City of Dubuque. Passed, approved and adopted this 21st day Passed, approved and adopted this 21st day of August, 2006. of August, 2006. Roy D. Buol, Mayor Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Cline moved adoption of the Resolution. Seconded by Lynch. Motion carried 7-0. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 393-06 Floodwall Pumping Facility Improvement AWARDING CONTRACT Projects: Proof of publication on notice of WHEREAS, sealed proposals have been hearing to consider adoption of the plans and submitted by contractors for the Flora Pool specifications for the Floodwall Pumping Facility Painting Project pursuant to Resolution No. 326-Improvement Projects and City Manager re- 06, and notice to bidders published in a news-commending award of the contract to Kluck paper published in the City of Dubuque, Iowa, Construction in the amount of $446,420.80, on the 21st day of July, 2006. presented and read. Cline moved that the proof WHEREAS, said sealed proposals were and communication be received and filed. opened and read on the 10th day of August, Seconded by Lynch. Motion carried 7-0. 2006, and it has been determined that the bid of RESOLUTION NO. 395-06 Fred Jackson Tuckpointing, Inc. in the amount of AWARDING CONTRACT $50,350 was the lowest bid for the furnishings of all labor and materials and performing the work Whereas, sealed proposals have been submit- as provided for in the plans and specifications. ted by contractors for the Floodwall Pumping NOW THEREFORE, BE IT RESOLVED BY Station Improvement Projects pursuant to prior THE CITY COUNCIL OF THE CITY OF DUBU-resolution and notice to bidders published in a QUE, IOWA: newspaper published in the city of Dubuque, That the contract for the above improvement Iowa on the 21st day of July 2006. be awarded to Fred Jackson Tuckpointing, Inc., Whereas, said sealed proposals were opened and the Manager be and is hereby directed to and read on the 9th day of August 2006 and it execute a contract on behalf of the City of has been determined that the base bid of Kluck Dubuque for the complete performance of the Construction of Dubuque, Iowa in the amount of work. $223,860.80 was the lowest bid for providing all BE IT FURTHER RESOLVED: labor and materials and performing the work as That upon the signing of said contract and the provided for in the plans and specifications. The approval of the contractor's bond, the City contract will also include project alternates A, B Treasurer is authorized and instructed to return and C for the additional cost of $222,560.00. the bid deposits of the unsuccessful bidders. NOW THEREFORE, BE IT RESOLVED BY Passed, approved and adopted this 21st day THE CITY COUNCIL OF THE CITY OF DUBU- of August, 2006. QUE, IOWA: Roy D. Buol, Mayor That the contract for the above improvement Attest: Jeanne F. Schneider, City Clerk be awarded to Kluck Construction and the City Cline moved adoption of the Resolution. Manager be and is hereby directed to execute a Seconded by Lynch. Motion carried 7-0. contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: 328 Regular Session, August 21, 2006 That upon the signing of said contract and the Connors moved that the rules be reinstated approval of the contractor’s bond, the City limiting discussion to the Council. Seconded by Treasurer is authorized and instructed to return Lynch. Motion carried 7-0. the bid deposits of the unsuccessful bidders. ACTION ITEMS Passed, approved and adopted this 21st day of August, 2006. Roy D. Buol, Mayor Greater Dubuque Development Corporation: Attest: Jeanne F. Schneider, City Clerk Rick Dickinson, Greater Dubuque Development Cline moved adoption of the Resolution. Corporation, to provide a verbal report regarding Seconded by Lynch. Motion carried 7-0. the activities of GDDC. Rick Dickinson spoke of the recent positive RESOLUTION NO. 396-06 activities of GDDC. RESOLUTION ADOPTING PLANS AND Cline moved that the report be received and SPECIFICATIONS filed. Seconded by Jones. Motion carried 7-0. Whereas, on the 17th day of July 2006, plans, specifications, form of contract and estimated Cottingham and Butler – Memorandum of cost were filed with the City Clerk of Dubuque, Understanding: City Manager recommending Iowa for the Floodwall Pumping Station Im-approval of a Memorandum of Understanding provement Projects. with Cottingham and Butler concerning their Whereas, notice of hearing on plans, specifica-expansion in downtown Dubuque with significant tions, form of contract, and estimated cost was renovations of the Security Building located at published as required by law. 151 West 8th Street and the former House of NOW THEREFORE, BE IT RESOLVED BY China Building located at 803 Main Street, THE CITY COUNCIL OF THE CITY OF DUBU-presented and read. Cline moved that the QUE, IOWA: communication be received and filed. Seconded That the said plans, specifications, form of by Jones. Motion carried 7-0. contract and estimated cost are hereby ap- RESOLUTION NO. 398-06 proved as the plans, specifications, form of APPROVING A MEMORANDUM OF UNDER- contract and estimated cost for said improve- STANDING WITH COTTINGHAM & BUTLER ments for said project. FOR AN EXPANSION IN DOWNTOWN DU- Passed, adopted and approved this 21st day BUQUE of August, 2006. Roy D. Buol, Mayor Whereas, Cottingham & Butler is proposing to Attest: Jeanne F. Schneider, City Clerk expand employment in the City of Dubuque, and Cline moved adoption of the Resolution. Whereas, the City is encouraging the Compa- Seconded by Lynch. Motion carried 7-0. ny to expand its operations in Downtown Dubu- que, and RESOLUTION NO. 397-06 Whereas, a Memorandum of Understanding APPROVING CONSTRUCTION CONTRACT has been prepared for said expansion, WITH KLUCK CONSTRUCTION FOR THE NOW THEREFORE BE IT RESOLVED BY FLOODWALL PUMPING STATION IMPRO- THE CITY COUNCIL OF DUBUQUE, IOWA, AS VEMENT PROJECTS FOLLOWS: Whereas, the City Council by Resolution No. Section 1. The attached Memorandum of 396-06 awarded the construction contract for the Understanding is hereby approved. Floodwall Pumping Station Improvement Section 2. The City Manager is hereby di- Projects to Kluck Construction; and rected to prepare documents necessary to Whereas, Kluck Construction has submitted implement the Memorandum of Understanding the attached executed contract and bond. Passed, approved and adopted this 21st day NOW THEREFORE, BE IT RESOLVED BY of August 2006. THE CITY COUNCIL OF THE CITY OF DUBU-Roy D. Buol, Mayor QUE, IOWA: Attest: Jeanne F. Schneider, City Clerk 1. The contract and bond attached hereto are Cline moved adoption of the Resolution. hereby approved. Seconded by Jones. Motion carried 7-0. 2. The City Manager is hereby authorized and directed to execute the contract on behalf of the Cedar Lake East Third Addition: Zoning City of Dubuque. Advisory Commission recommending approval Passed, approved and adopted this 21st day of the final plat of Cedar Lake East Third Addi- of August, 2006. tion, upon motion received and filed. Cline Roy D. Buol, Mayor moved that the communication be received and Attest: Jeanne F. Schneider, CMC, City Clerk filed. Seconded by Jones. Motion carried 7-0. Cline moved adoption of the Resolution. Seconded by Lynch. Motion carried 7-0. Regular Session, August 21, 2006 329 RESOLUTION NO. 399–06 of Dubuque, Iowa, at the sole expense of the APPROVING PLAT OF SURVEY OF LOT 1-2 owners, or future owner; AND LOT A-2 OF CEDAR LAKE EAST THIRD And, further provided that said Gibbs Con- ADDITION IN THE CITY OF DUBUQUE, IOWA struction, Inc., as owner of said property, shall Whereas, there has been filed with the City secure the performance of the foregoing public Clerk a Plat of Survey of Lot 1-2 and Lot A-2 of water main provided in this Section by providing Cedar Lake East Third Addition in the City of guarantees in such form and with such sureties Dubuque, Iowa; and as may be acceptable to the City Manager of the Whereas, upon said Plat of Survey appears a City of Dubuque, Iowa. private street to be known as North Cedar Court Section 3. That the final acceptance of all (Lot A-2), with certain public utility easements, public improvements shall occur upon certifica- which the owner by said Plat of Survey has tion of the City Engineer to the City Council that dedicated such easements to the public forever; water main improvements have been completed and in accordance with the improvement plans and Whereas, the Plat of Survey has been ex-City standard specifications and accepted by amined by the Zoning Advisory Commission and City Council Resolution. had its approval endorsed thereon; and Section 4. That in the event Gibbs Construc- Whereas, said Plat of Survey has been ex-tion, Inc. fails to execute the acceptance and amined by the City Council and they find that it furnish the guarantees provided in Sections 2 conforms to the statutes and ordinances relating and 3 hereof within 180 days after the date of to it, except that no streets or public utilities have this Resolution, the p0rovisions hereof shall be yet been constructed or installed. null and void and the acceptance and approval NOW, THEREFORE, BE IT RESOLVED BY the plat shall not be effective. THE CITY COUNCIL OF THE CITY OF DUBU- Passed, approved and adopted this 21st day QUE, IOWA: of August 2006. Section 1. That the dedication of easements Roy D. Buol, Mayor for public utilities, as they appear upon said Plat Attest: Jeanne F. Schneider, City Clerk of Survey, be and the same are hereby ac- cepted; and ACCEPTANCE OF RESOLUTION NO. 399-06 Section 2. That the Plat of Survey of Lot 1-2 I, Marty Gibbs, representing Gibbs Construc- and Lot A-2 of Cedar Lake East Third Addition is tion, Inc., the undersigned, having read the hereby approved by the Mayor and City Clerk terms and conditions of the Resolution No. 399- are hereby authorized and directed to endorse 06 and being familiar with the conditions thereof, the approval of the City of Dubuque, Iowa, upon hereby accept this same and agree to the said Plat of Survey, provided the owners of said conditions required therein. st property herein named, execute their written Dated in Dubuque, Iowa this 21 day of acceptance hereto attached agreeing: August 2006. (a) To reduce North Cedar Court (Lot A-2) to /s/ Marty Gibbs grade and to hard surface with asphaltic con- Cline moved adoption of the Resolution. crete, all in accordance with the City of Dubuque Seconded by Jones. Motion carried 7-0. standard specifications, in conformance with construction improvement plans approved by the Asbury Plaza Business Park First Addition: City Engineer for a private street. City Manager recommending approval of the (b) To install sanitary sewer mains and sewer final plat of Asbury Plaza Business Park First service laterals into each individual lot, water Addition, presented and read. Lynch moved that mains and water service laterals into each the communication be received and filed. individual lot, and erosion control devices all in Seconded by Connors. Motion carried 7-0. accordance with the City of Dubuque standard RESOLUTION NO. 400-06 specifications, all in a manner acceptable to the APPROVING THE FINAL PLAT OF ASBURY City Engineer, and in accordance with construc- PLAZA BUSINESS PARK FIRST ADDITION IN tion improvement plans approved by the City THE CITY OF DUBUQUE, IOWA Engineer, and inspected by the City Engineer. The private street and sanitary sewer mains are Whereas, there has been filed with the City so designated as private mains and shall be Clerk a Final Plat of Asbury Plaza Business Park maintained by the owners and/or homeowners’ First Addition; and association. Whereas, upon said final plat appear streets to (c ) To construct said improvements, prior to be known as Plaza Drive (Lot A), North Plaza two (2) years from the date of acceptance of this Loop (Lot E), Plaza Court (Lot F) and Plaza resolution, at the sole expense of the owners, or Court (Lot G); and future owner; Whereas, the conceptual plan/preliminary plat (d) To maintain the public improvements, for a has been examined by the Zoning Advisory period of two (2) years from the date of the Commission and had its approval endorsed acceptance of those improvements by the City thereon; and 330 Regular Session, August 21, 2006 Whereas, said final plat has been reviewed by (e) To construct said improvements, prior to the City Planner and had her approval endorsed two (2) years from the date of acceptance of this thereon, subject to the owners agreeing to the resolution, at the sole expense of the owners, or conditions noted in Section 2 and 3 below; and future owner; Whereas, said final plat has been examined by `(f) To maintain the public improvements, for a the City Council and they find that it conforms to period of two (2) years from the date of the the statutes and ordinances relating to it, except acceptance of those improvements by the City that no streets or public utilities have yet been of Dubuque, Iowa, at the sole expense of the constructed or installed. owners, or future owner; NOW THEREFORE, BE IT RESOLVED BY And, further provided that said Motor City LLC; THE CITY COUNCIL OF THE CITY OF DUBU-Projects Plus Ltd., as owners of said property, QUE, IOWA: shall secure the performance of the foregoing Section 1. That the dedication of Plaza Drive conditions provided in this Section by providing (Lot A), North Plaza Loop (Lot E), Plaza Court guarantees in such form and with such sureties (Lot F) and Plaza Court (Lot G), together with as may be acceptable to the City Manager of the the easements for public utilities, sanitary sewer, City of Dubuque, Iowa. storm sewer and water mains as they appear Section 3. That the final acceptance of all upon said final plat, be and the same are hereby public improvements shall occur upon certifica- accepted; and tion of the City Engineer to the City Council that Section 2. That the Final Plat of Asbury Plaza al public improvements have been completed in Business Park First Addition is hereby approved, accordance with the improvement plans and City and the Mayor and City Clerk are hereby autho-standard specifications and accepted by City rized and directed to endorse the approval of the Council Resolution. City of Dubuque, Iowa upon said Final Plat, Section 4. That in the event Motor City, LLC.; provided the owners of said property herein Projects Plus, Ltd. fails to execute the accep- named, execute their written acceptance hereto tance and furnish the guarantees provided in attached agreeing: Sections 2 and 3 hereof within 180 days after (a) To reduce Plaza Drive (Lot A), North Plaza the date of this Resolution, the provisions hereof Loop (Lot E), Plaza Court (Lot F), and Plaza shall be null and void and the acceptance of the Court (Lot G) to grade and to construct concrete dedication and approval the plat shall not be curb and gutter and to hard surface with asphal-effective. st tic concrete, or with concrete paving with integral Passed, approved and adopted this 21 day of curb, all in accordance with the City of Dubuque August 2006. standard specifications, all in a manner accept-Roy D. Buol, Mayor, able to the City Engineer, in conformance with Attest: Jeanne F. Schneider, City Clerk construction improvement plans approved by the Lynch moved adoption of the Resolution. City Engineer, and inspected by the City Engi-Seconded by Connors. Motion carried 7-0. neer; (b) To install sanitary sewer mains and sewer Riverside Boat Pier Grant: City Manager service laterals into each individual lot, water recommending approval of the submittal of a mains and water service laterals into each Tier 2 Boating Infrastructure Grant application to individual lot, storm sewers and catch basins, the Iowa Department of Natural Resources and boulevard street lighting and erosion control further recommending City Council approval of devices all in accordance with the City of Dubu-the revised project budget in the amount of que standard specifications, all in a manner $5,088,950, of which $1,088,950 would be the acceptable to the City Engineer, and in accor-City of Dubuque’s local match, presented and dance with construction improvement plans read. Cline moved that the communication be approved by the City Engineer, and inspected by received and filed. Seconded by Michalski. the City Engineer; Motion carried 7-0. (c) To construct a private storm water deten- RESOLUTION NO. 401-06 tion facility (Lot B) in a manner acceptable to the AUTHORIZING AN APPLICATION FOR A City Engineer, in accordance with the City of BOATING INFRASTRUCTURE GRANT FOR Dubuque standard specifications approved by RIVERSIDE BOAT PIER PROJECT AT THE the City Engineer, and inspected by the City PORT OF DUBUQUE Engineer. No building permit shall be issued until the detention basin is functional or with the Whereas, U. S. Fish and Wildlife provides a written consent of the City Engineer; federal pass-through grant program to the Iowa (d) To install sidewalks along all public streets Department of Natural Resources for Tier 2 in accordance with the typical cross section and Boating Infrastructure Grants for transient boat improvement plans approved by the City Engi-docks; and neer; Whereas, the City of Dubuque has determined that the construction of the Riverside Boat Pier Regular Session, August 21, 2006 331 Project at the Port of Dubuque is consistent with At 7:57 P.M. Michalski moved to go into the Port of Dubuque Master Plan; and Closed Session: Pending Litigation and Property Whereas, the construction of transient boat Acquisition – Chapter 21.5(1)(c)(j) 2005 Code of docks at the Port of Dubuque is included as a Iowa. Seconded by Connors. Motion carried 7- component of the Vision Iowa grant for the 0. America’s River project. NOW THEREFORE, BE IT RESOLVED BY At 8:14 P.M. Council reconvened regular THE CITY COUNCIL OF THE CITY OF DUBU-session stating that staff had been given proper QUE, IOWA: direction. Section 1. That the submission of an applica- tion to the Iowa Department of Natural Re- There being no further business, Michalski sources for a Tier 2 Boating Infrastructure Grant moved to adjourn. Seconded by Connors. to fund the Riverside Boat Pier Project is hereby Motion carried 7-0. The meeting adjourned at approved. 8:15 P.M. Section 2. That the City Council authorizes the City Manager to utilize budgeted Capital Im-/s/ Jeanne F. Schneider, CMC provement Program funds to provide the match City Clerk required by this program. Passed, approved and adopted this 21st day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Michalski. Motion carried 7-0. Unified Development Code: City Manager recommending approval of the proposed com- mittees for the Unified Development Code process, presented and read. Michalski moved that the communication be received and filed and recommendation approved. Seconded by Connors. Motion carried 7-0. Sustainable Communities: Information from the American Institute of Architects regarding the Sustainable Design Assessment Team (SDAT) program, presented and read. Connors moved that the communication be received and filed and directed that the application be submit- ted. Seconded by Jones. Motion carried 7-0. Code of Ordinance Update: City Manager requesting City Council direction on the next phase of the update of the City’s Code of Ordinances, presented and read. Michalski moved that the communication be received and filed and directed that those chapters with basic “clean-up” changes and changes to bring the Code of Ordinances into compliance with the State of Iowa Code be brought back for approv- al. It was further directed that those Chapters requiring Council direction be brought back one or two chapters at a time as an Action item on future agendas and that the entire proposed revisions to the Code be provided to the Council on a CD. Seconded by Cline. Motion carried 7-0. COUNCIL MEMBER REPORTS Buol shared that the staff of a recent Congres- sional visit was very impressed with Dubuque’s development. 332 Special Session, August 29, 2006 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, August 29, 2006 Council met in special session at 4:30 p.m. at the Grand River Center Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski, Cit y Manager Van Milligen, City Attorney Lindahl, Assistant City Brumwell Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting a goal setting session with Lyle Sumek facilitating. The City Council reviewed the 2005 – 2006 Performance Report and discussed the top ten successes of the past year and the specific accomplishments associated with each. The Mayor and City Council Members each identified their three primary focus areas for the next five years and what they felt needed to be done in the next year. Also discussed were the major challenges facing the City of Dubuque in attain- ment of the stated goals. City Council reviewed the Dubuque Vision 2020 and Guiding Principles and suggested changes/additions to be incorporated into the Vision. There being no further business, upon motion meeting adjourned at 9:05 p.m. /s/ Jeanne F. Schneider, CMC City Clerk Special Session, August 30, 2006 333 DUBUQUE Design; High Priority - Dubuque Technology Park, Port of Dubuque Development, Intermodal CITY COUNCIL Transportation Facility, Utility Infrastructure OFFICIAL Update, and Mediacom Franchise Implementa- PROCEEDINGS tion. There being no further business, upon motion City Council, Special Session, August 30, meeting adjourned at 6:25 P.M. 2006 Council met in special session at 1:00 P.M. at /s/ Jeanne F. Schneider, CMC the Grand River Center City Clerk Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski, City Manager Van Milligan, Assistant City Attorney Brumwell Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting a goal setting session with Lyle Sumek facilitating. The City Council adopted the five year goals for the community as: (1) improved connectivity: transportation and communications; (2) diverse, strong Dubuque economy; (3) planned and managed growth; (4) partnering for a better Dubuque; and (5) riverfront development/ revitalization. Objectives for each of the goals were ranked, with the short-term challenges identified and the actions necessary to achieve each goal. The Dubuque 2020 Vision Statement was approved as: The City of Dubuque is a progres- sive, sustainable City with a strong balanced economy and connections to the world, the Dubuque community takes pride in our history and heritage and has actively preserved our picturesque river and community, Dubuque citizens have choices of quality livable neighbor- hoods and fun things to do, and are engaged in the community, The Policy Agenda for 2006-2007 was estab- lished as: Continuing Priority – Southwest Arterial, Unified Development Code / Bluffland Ordinance, Annexation Study, and Bee Branch Project / Drainage Basin Master Plan Projects; Top Priority – Street Program: Continuation and Funding, Workforce Development Strategy, Green City Designation , ADA Compliance, and Library Renovation; High Priority - Airport Master Plan, East – West Corridor Study, Rail Spur – Dubuque Industrial Center West, and Water Pollution Control Plant Facility Plan. Also established was the Management Agen- da for 2006-2007 which included Top Priority - Community Health Center, Pandemic Influenza Plan, Grand River Center Maintenance, Fire Department MDT / Wireless Networks and Police Department Territorial Accountability 334 Regular Session, September 5, 2005 DUBUQUE communications be received and filed. Seconded by Jones. Motion carried 7-0. CITY COUNCIL OFFICIAL Notice of Claims/Suits: Thomas Koch (Paul’s PROCEEDINGS Tavern) for property damage; John Oberhausen for property damage, presented and read. Cline moved that the claims be received and filed and City Council, Regular Session, Tuesday, referred to the City Attorney for investigation / September 5, 2006 report. Seconded by Jones. Motion carried 7-0. Council met at 6:30 P.M. in the Public Library Auditorium City Attorney advising that the following claim has been referred to Public Entity Risk Services Present: Mayor Buol, Council Members Braig, of Iowa, the agent for the Iowa Communities Cline, Connors, Jones, Lynch, Michalski, City Assurance Pool: Thomas Koch for property Manager Van Milligen, City Attorney Lindahl damage, presented and read. Cline moved that the communication be received and filed. Mayor Buol read the call and stated this is a Seconded by Jones. Motion carried 7-0. regular session of the City Council called for the purpose of discussing such matters which may City Attorney recommending settlement of the properly come before the Council. claim of John Oberhausen for property damage and directing the Finance Department to issue Invocation was given by Sister Joy Peterson, payment, presented and read. Cline moved that President of the Sisters of the Presentation the communication be received and filed and approved recommendation and Finance De- Mayor Buol swore in Mayor Pro-Tem Karla partment to issue payment. Seconded by Jones. Braig Motion carried 7-0. Proclamations: Public Safety Memorial Day Citizen Communications: Communication from (September 14, 2006) received by Reverend Rose Manders, 1835 Vizaleea Drive, thanking David Pacholke; Dubuque, Iowa POW – MIA the City Council for approving the Residential Recognition Day (September 15, 2006) re- Parking Permit District on Vizaleea Drive, ceived by Elaine Palen and Mike Neyens; presented and read. Cline moved that the Assisted Living Week (September 10–16, 2006); communication be received and filed. Seconded and Support the International Dragon Boat Days by Jones. Motion carried 7-0. (September 9-10, 2006) received by Doug and Jean McCallum Communication of Penny Ehlinger, 1017 Aspen Court, regarding the Americans with CONSENT ITEMS Disabilities Act, presented and read. Cline moved that the communication be received and Minutes and Reports Submitted: Arts and filed. Seconded by Jones. Motion carried 7-0. Cultural Affairs Advisory Commission of 7/25; City Council of 8/21; Historic Preservation Regency Iowa, Inc.: Communication from Commission of 8/17; Human Rights Commission Regency Iowa, Inc. advising that Regency of 6/12; Long Range Planning Advisory Com- Thermographers, located at 750 White Street, mission of 8/16; Zoning Board of Adjustment of Dubuque, Iowa, will be permanently closing, 7/27, presented and read. Cline moved that the presented and read. Cline moved that the minutes be received and filed. Seconded by communication be received and filed. Seconded Jones. Motion carried 7-0. by Jones. Motion carried 7-0. Proof of publication of City Council Proceed- Iowa Department of Economic Development: ings of August 7, 2006, presented and read. Steven R. McCann, City Development Board Cline moved that the proof be received and filed. Administrator, submitting the Findings of Fact Seconded by Jones. Motion carried 7-0. and Conclusions of Law and The Final Order filed by the City Development Board approving Printed City Council Proceedings for month of the voluntary annexation petition submitted by February, 2006, presented and read. Cline the City of Dubuque, presented and read. Cline moved that the proceedings be received and moved that the communication be received and filed and approved as printed. Seconded by filed. Seconded by Jones. Motion carried 7-0. Jones. Motion carried 7-0. Iowa Department of Natural Resources: Library Board of Trustees Update from the Notification of Violation from the Iowa Depart- meetings of August 24 and August 28, 2006, ment of Natural Resources for the City’s Waste- presented and read. Cline moved that the Regular Session, September 5, 2006 335 water Treatment facility, presented and read. Whereas, the construction of transient boat Cline moved that the communication be re-docks at the Port of Dubuque is included as a ceived and filed and referred to the City Manag-component of the Vision Iowa grant for the er. Seconded by Jones. Motion carried 7-0. America’s River project. NOW THEREFORE, BE IT RESOLVED BY Comprehensive Plan Update: Long Range THE CITY COUNCIL OF THE CITY OF DUBU- Planning Advisory Commission submitting the QUE, IOWA: July 2006 Report on the Comprehensive Plan Section 1. That the submission of an applica- Update process, presented and read. Michalski tion to the Iowa Department of Natural Re- moved that the Goal 5, Objective 5-3 of the sources for a Tier 2 Boating Infrastructure Grant Fiscal Element be modified to read “low and to fund the Riverside Boat Pier Project is hereby moderate income and persons with disabilities.” approved. Seconded by Connors. Motion carried 7-0. Section 2. That the City Council authorizes the City Manager to utilize budgeted Capital Im- Historic District Public Improvement Program – provement Program funds to provide the match Four Mounds Interpretive Signs: Historic Preser-required by this program. vation Commission recommending City Council Passed, approved and adopted this 5th day of approval of $7,394.23 of Historic District Public September, 2006. Improvement Project (HDPIP) funding for the Roy D. Buol, Mayor installation of three outdoor interpretive signs Attest: Jeanne F. Schneider, City Clerk and a concrete walk within the farm campus of Cline moved adoption of the Resolution. Four Mounds, presented and read. Cline moved Seconded by Jones. Motion carried 7-0. that the communication be received and filed and recommendation approved. Seconded by Operating Engineers’ Collective Bargaining Jones. Motion carried 7-0. Agreement: City Manager recommending approval of an amendment to the collective Historic District Public Improvement Program – bargaining agreement with the International Four Mounds Archeological Survey: Historic Union of Operating Engineers, Local #758, that Preservation Commission recommending City would provide for a work week that consists of Council approval of $2,304.06 of HDPIP funding ten hours per day/four days per week for full- for the Phase I Intensive Archeological Survey time Public Safety Dispatchers, presented and and Evaluation on the cultured grounds of Four read. Cline moved that the communication be Mounds, presented and read. Cline moved that received and filed and recommendation ap- the communication be received and filed and proved. Seconded by Jones. Motion carried 7-0. recommendation approved. Seconded by Jones. Motion carried 7-0. Utility Expense and Cost Analysis Study: City Manager recommending approval of a Man- Historic Sites Preservation Grant Application: agement Consulting Service Agreement with City Manager recommending approval of the Springsted, Inc. to conduct a Utility Expense and submission of a grant application for $55,250 Cost Analysis Study, presented and read. Cline from the Historic Sites Preservation Grant moved that the communication be received and program for rehabilitation of the White Water filed. Seconded by Jones. Motion carried 7-0. Creek Bridge and authorizing the use of the RESOLUTION NO. 403-06 Bridge Maintenance CIP as the source of the APPROVING THE AGREEMENT FOR MAN- required local match, presented and read. Cline AGEMENT CONSULTING SERVICES BE- moved that the communication be received and TWEEN THE CITY OF DUBUQUE, IOWA, AND filed. Seconded by Jones. Motion carried 7-0. SPRINGSTED, INC. FOR THE PUBLIC UTILI- RESOLUTION NO. 402-06 TY EXPENSE AND COST ANALYSIS STUDY AUTHORIZING AN APPLICATION FOR BOAT- Whereas, the City of Dubuque is conducting ING INFRASTRUCTURE GRANT FOR RIVER- an expense and cost analysis to identify the SIDE BOAT PIER PROJECT AT THE PORT City’s administrative expenses in exercising its OF DUBUQUE police power in regulating the utilities as well as Whereas, U. S. Fish and Wildlife provides a all incidental consequences that may be likely to federal pass-through grant program to the Iowa subject the public to cost in consequence of the Department of Natural Resources for Tier 2 business licensed; and Boating Infrastructure Grants for transient boat Whereas, Springsted, Inc. has prepared an docks; and agreement for management consulting services Whereas, the City of Dubuque has determined outlining the terms of the Public Utility Expense that the construction of the Riverside Boat Pier and Cost Analysis Study. Project at the Port of Dubuque is consistent with NOW THEREFORE, BE IT RESOLVED BY the Port of Dubuque Master Plan; and THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: 336 Regular Session, September 5, 2005 Section 1. That the City Council hereby Cline moved adoption of the Resolution. approves the Springsted, Inc. for the Public Seconded by Jones. Motion carried 7-0. Utility Expense and Cost Analysis Study. Section 2. That the City Manager be autho- Establishment of Fair Market Value: City rized and directed to execute three copies of the Manager recommending that the fair market said Management Consulting Services between value for property located at 1721 Elm Street be the City of Dubuque and Springsted, Inc for the established at Forty-Eight Thousand Dollars Public Utility Expense and Cost Analysis Study. ($48,000), presented and read. Cline moved that Passed, adopted and approved this 5th day of the communication be received and filed. September, 2006. Seconded by Jones. Motion carried 7-0. Roy D. Buol, Mayor RESOLUTION NO. 405-06 Attest: Jeanne F. Schneider, CMC, City Clerk ESTABLISHING THE FAIR MARKET VALUE Cline moved adoption of the Resolution. OF REAL PROPERTY OWNED BY TROY Seconded by Jones. Motion carried 7-0. HANSEN LOCATED AT 1721 ELM STREET IN THE CITY OF DUBUQUE Lower Main Development, LLC: City Manager recommending approval of a Downtown Reha- WHEREAS, the City of Dubuque (City) intends bilitation Loan in the amount of $300,000 to to acquire real property owned by Troy Hansen Lower Main Development, LLC for rehabilitation (Hansen) legally described as: of the former Weber Paper Building located at South ½ of Lot 158 in East Dubuque Addition 137 Main Street, presented and read. Cline (the Property) moved that the communication be received and for purposes of a public parking lot for a com- filed. Seconded by Jones. Motion carried 7-0. munity health center; and WHEREAS, Iowa law requires City to make a RESOLUTION NO. 404-06 good faith effort to negotiate with an owner to AUTHORIZING THE COMPLETION OF A purchase an interest in real property before DOWNTOWN REHABILITATION LOAN TO proceeding with acquisition by eminent domain; LOWER MAIN DEVELOPMENT LLC and Whereas, the City of Dubuque, Iowa, has WHEREAS, City may not make an offer to created a Downtown Rehabilitation Loan Pro-purchase an interest in property which is less gram for the purpose of stimulating reinvestment than the fair market value City has established in the Greater Downtown Urban Renewal for the property; and District; and WHEREAS, City has caused an appraisal of Whereas, the City of Dubuque, Iowa is en-the Property to be made and the appraised couraging the use of this loan program to value of the Property is Forty-Eight Thousand finance code compliance activities and to spur Dollars ($48,000); and job creation activities; and WHEREAS, the City Council now desires to Whereas, a Memorandum of Understanding establish the fair market value of the Property. was approved by Resolution No. 30-03, agree- NOW, THEREFORE, BE IT RESOLVED BY ing for the City to provide a $300,000 Downtown THE CITY COUNCIL OF THE CITY OF DUBU- Rehabilitation Loan to Lower Main Development, QUE, IOWA: LLC in fiscal year 2007; and Section 1. The fair market value of the Proper- Whereas, the City will forgive $2000 of the ty is Forty-Eight Thousand Dollars ($48,000). loan for each job provided in the building, but not Section 2. The City Manager and the City including any jobs created by the Shepherd Attorney are hereby authorized to commence Company. negotiations with Hansen for purchase of the NOW, THEREFORE, BE IT RESOLVED BY Property at a price not less than the fair market THE CITY COUNCIL OF THE CITY OF DUBU-value established by this resolution. th QUE, IOWA: Passed, adopted and approvedthis 5 day of Section 1. That the City Manager is hereby September, 2006. authorized to execute, on behalf of the City Roy D. Buol, Mayor Council of the City of Dubuque, Iowa, the Attest: Jeanne Schneider, CMC, City Clerk attached loan document and is further autho- Cline moved adoption of the Resolution. rized to disburse loan funds from the Downtown Seconded by Jones. Motion carried 7-0. Rehabilitation Loan Program, in accordance with the terms and conditions of the executed Asbury Plaza Area Lift Station and Force Main agreement. Project: City Manager recommending approval Passed, approved and adopted this 5th day of of the selection of IIW Engineers and Surveyors, September, 2006. P.C. to perform engineering services for the Roy D. Buol, Mayor Asbury Plaza Area Lift Station and Force Main Attest: Jeanne F. Schneider, City Clerk Project at a cost of $49,000, presented and read. Cline moved that the communication be Regular Session, September 5, 2006 337 received and filed and recommendation ap-Siegert, presented and read. Cline moved that proved. Seconded by Jones. Motion carried 7-0. the communication be received and filed. Seconded by Jones. Motion carried 7-0. Relocation Services for Bee Branch Realign- RESOLUTION NO. 407-06 ment Project: City Manager recommending APPROVING A FARM LEASE WITH WILLIAM approval of a contract with the East Central AND JANET SIEGERT Intergovernmental Association for services in connection with residential acquisitions and Whereas, the City Council of the City of relocations for the Bee Branch Realignment Dubuque, Iowa wishes to continue a Farm Project, presented and read. Cline moved that Lease with William and Janet Siegert for certain the communication be received and filed. property as described in the attached lease; and Seconded by Jones. Motion carried 7-0. Whereas, it is the determination of this Council that approval of the Farm Lease, according to RESOLUTION NO. 406-06 the terms and conditions set out in the attached APPROVING A CONTRACT WITH THE EAST Farm Lease, is in the public interest of the CENTRAL INTER-GOVERNMENTAL ASSO- citizens of the City of Dubuque. CIATION FOR ACQUISITION AND RELOCA- NOW, THEREFORE, BE IT RESOLVED BY TION ASSISTANCE SERVICES THE CITY COUNCIL OF THE CITY OF DUBU- WHEREAS, the City of Dubuque intends to QUE, IOWA: acquire certain residential properties as part of Section 1. That the attached Farm Lease by the Bee Branch Realignment Project, as rec-and between the City of Dubuque and William ommended in the 2001 HDR “Drainage Basin and Janet Siegert is hereby approved. Master Plan;” and Section 2. That the Mayor is hereby authorized WHEREAS, a proposal for acquisition and and directed to execute the Farm Lease on relocation services has been received from the behalf of the City and City Clerk is authorized East Central Intergovernmental Association and directed to attest to his signature. (ECIA). Section 3. That the City Manager is authorized NOW, THEREFORE BE IT RESOLVED BY to take such actions as are necessary to comply THE CITY COUNCIL OF THE CITY OF DUBU-with the terms of the Farm Lease as herein QUE, IOWA: approved. Section 1. That the City Council of the City of Passed, approved and adopted this 5th day of Dubuque hereby approves a contract with ECIA September, 2006. to facilitate the purchase of approximately 70 Roy D. Buol, Mayor residences and relocation of these households, Attest: Jeanne F. Schneider, City Clerk at a cost not to exceed $100,000, plus a Cline moved adoption of the Resolution. $10,000 contingency to be negotiated in case of Seconded by Jones. Motion carried 7-0. unforeseen circumstances. Section 2. That the City Manager is hereby Safe Roads to School Grant: Communication authorized to execute a contract with ECIA in from Elizabeth Bonz, City Administrator of the substantially the form attached hereto for these City of Asbury, requesting approval of a resolu- services. tion of support for the Intersection Improvement Passed, approved and adopted this 5th day of Project to assist the City of Asbury in obtaining September 2006. funds from the Safe Roads to School Grant, Roy D Buol, Mayor presented and read. Cline moved that the Attest: Jeanne Schneider, CMC, City Clerk communication be received and filed. Seconded Cline moved adoption of the Resolution. by Jones. Motion carried 7-0. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 408-06 EXPRESSING SUPPORT FOR THE CITY OF Telecommunications Carrier Assessment ASBURY INTERSECTION IMPROVEMENT Study: City Manager recommending approval of PROJECT the selection of RSM McGladrey to complete a Telecommunications Carrier Assessment Study Whereas, the City of Dubuque has been in cooperation with the County of Dubuque, informed by the City of Asbury that plans have presented and read. Cline moved that the been developed for intersection improvements communication be received and filed and to be located in the area of Roosevelt Middle recommendation approved. Seconded by Jones. School and the new west end elementary school Motion carried 7-0. to promote safe pedestrian travel in the commu- nity; Siegert Farm Lease Extension: City Manager Whereas, the citizens of the community can recommending approval to enter into a one-year receive an improved quality of life from comple- lease extension on the north farm (Middle Road) tion of such a project and that the project will and a three-year lease extension on the south support community growth; farm (Cousins Road) with William and Janet 338 Regular Session, September 5, 2005 Whereas, the project will increase the safety of Nurse Association (VNA) for services related to students who walk or bicycle to school; the CLPPP, presented and read. Cline moved Whereas, the project will support the regional that the communication be received and filed economy, provide maximum access to all and approved recommendation. Seconded by recreational, residential, educational and com-Jones. Motion carried 7-0. mercial areas, promote safety of pedestrian traffic, and promote connectivity and continuity Dubuque Screw Products: Communication of bike and pedestrian trails; from James E. Goodman, Jr., representing Whereas, there has been evidence of wide-Dubuque Screw Products, requesting approval spread local support for the intersection im-of the assignment of the Development Agree- provement project; ment between the City of Dubuque and Dubu- NOW, THEREFORE, BE IT RESOLVED by que Screw Products to Beck Construction, the City Council of the City of Dubuque, that we presented and read. Cline moved that the support the intersection improvement project. communication be received and filed and Passed, approved and adopted the 5th day of referred to the City Manager. Seconded by September, 2006. Jones. Motion carried 7-0. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Contracts: City Manager advising that he has Cline moved adoption of the Resolution. signed the following contracts: Roadway Main- Seconded by Jones. Motion carried 7-0. tenance Agreement; Encephalitis Monitoring Memorandum of Understanding with the Iowa Residential Parking Permit District: Communi-Department of Public Health Amendment; cation from Mr. Shannon Mussman submitting a Asbury Road Culvert and Garfield Street Man- petition requesting that Hansel Drive be desig-hole Repairs, presented and read. Cline moved nated as a Residential Parking Permit District, that the communication be received and filed. presented and read. Cline moved that the Seconded by Jones. Motion carried 7-0. communication be received and filed and referred to the City Manager. Seconded by Improvement Contracts / Performance, Pay- Jones. Motion carried 7-0. ment and Maintenance Bonds: National Missis- sippi River Museum and Aquarium Expansion Request to Purchase: Communication from Project – Former Adams Company Building Re- Stephen J. Schmall, Vice President for Finance Roof and Structural Repairs Project; Paint Ham and Administration Services - Loras College, House Trim Project, presented and read. Cline requesting to purchase a portion of the City alley moved that the communication be received and abutting their property, presented and read. filed. Seconded by Jones. Motion carried 7-0. Cline moved that the communication be re- ceived and filed and referred to the City Manag- Liquor License Transfer: Request of Chad er. Seconded by Jones. Motion carried 7-0. Witthoeft, Isabella’s at the Ryan House, request- ing to transfer his liquor license to 1000 Jackson Pandemic Influenza Plan: City Manager sub-Street for Voices for the Art on September 17, mitting the Dubuque County Pandemic Influenza 2006, presented and read. Cline moved that the Plan for City Council review, presented and communication be received and filed and read. Michalski moved that the City of Dubuque approved transfer. Seconded by Jones. Motion be added to list of entities to be notified. carried 7-0. Seconded by Cline. Motion carried 7-0. Mediacom System Upgrade: City Manager Business License Refund: Request of Laurie recommending that the City Council receive and Vigen, The Avenue Sports Bar, for a refund of file a Mediacom notice that they intend to begin the liquor license in the amount of $633.75, their upgrade of the Dubuque cable system in presented and read. Cline moved that the mid-September, presented and read. Cline communication be received and filed and moved that the communication be received and approved refund. Seconded by Jones. Motion filed. Seconded by Jones. Motion carried 7-0. carried 7-0. Iowa Department of Public Health (IDPH) Business Licenses: Childhood Lead Poisoning Funding and Agree- RESOLUTION NO. 409-06 ment with the Visiting Nurse Association (VNA) and the Dubuque County Board of Health and NOW, THEREFORE, BE IT RESOLVED BY City Manager recommending execution of a THE CITY COUNCIL OF THE CITY OF DUBU- contract with the Dubuque County Board of QUE, IOWA: Health for continued funding of the Childhood That the following having complied with the Lead Poisoning Prevention Program (CLPPP) provisions of law relating to the sale of Ciga- and a renewed agreement with the Visiting rettes within the City of Dubuque, Iowa, be Regular Session, September 5, 2006 339 granted a permit to sell Cigarettes and Cigarette NOW, THEREFORE, BE IT RESOLVED BY Papers within said City. THE CITY COUNCIL OF THE CITY OF DUBU- 3 RENEWALS QUE, IOWA: Aragon Tap, Myra Woodman, 1103 Iowa St. That the Manager be authorized to cause to be Eagle Country Market, Downtown Eagle Inc., issued the following named applicants a Liquor 1800 Elm St License. Breaktime Bar & Grill, Michael Kalmes, 1097 CLASS “C” BEER/LIQUOR LICENSE Jackson St. Europa Haus Inc., Europa Haus Rest., (1 Passed, approved and adopted this 5th day of Day Outdoor Sale), 1301 Rhomberg Ave. September, 2006. Angela Mangeno, Angie’s Bar, +(Sunday Roy D. Buol, Mayor Sale), 1401 Elm St. Attest: Jeanne F. Schneider, CMC, City Clerk David Erickson, Lucky 13 Tap, +(Sunday Cline moved adoption of the Resolution. Sale), 385 E. 13th St. Seconded by Jones. Motion carried 7-0. Platinum Hospitality, Grand River Center, +(Sunday/Outdoor Sale), 500 Bell St. RESOLUTION NO. 410-06 Red Robin Inter. Inc., Red Robin Burgers & Whereas, applications for Beer Permits have Spirits (Sunday Sale), 2775 NW Arterial been submitted and filed to this Council for MK 1234, Rudy’s Tacos –Dubuque, approval and the same have been examined +(Sunday Sale), 4029 Pennsylvania Ave. and approved: and CLASS “B” WINE Whereas, the premises to be occupied by Wal-Mart Stores, Inc., Wal-Mart Supercenter such applicants were inspected and found to # 2004, 4200 Dodge St. comply with the Ordinances of the City and have CLASS “WBN” WINE filed proper bonds. Mandolin Inn Inc., Mandolin Inn, 199 Loras NOW, THEREFORE, BE IT RESOLVED BY Blvd THE CITY COUNCIL OF THE CITY OF DUBU- Passed, approved and adopted this 5th day of QUE, IOWA: September, 2006. That the Manager be authorized to cause to be Roy D. Buol, Mayor issued the following named applicants a Beer Attest: Jeanne F. Schneider, CMC, City Clerk Permit. Cline moved adoption of the Resolution. CLASS “B” (5 DAY SPECIAL EVENT) Seconded by Jones. Motion carried 7-0. Carlos O’Kelly’s, Carlos O’Kelly’s, ITEMS TO BE SET FOR PUBLIC HEARING +(Sunday/Outdoor Sale), Miller-Riverview Park. CLASS “B” BEER Toltecas Inc., Taqueria Mexico, +(Sunday Eagle Point Park Roofing Projects: City Sale), 2600 Dodge St. Manager recommending initiation of the public CLASS “C” BEER PERMIT bidding process for the Eagle Point Park Roofing Wal-Mart Stores, Inc., Wal-Mart Super Cen-Projects and that a public hearing be set for ter October 2, 2006, presented and read. Cline (Sunday Sale), 4200 Dodge St. moved that the communication be received and Liberty Stations LLC, Phillips 66/Arbys, filed. Seconded by Connors. Motion carried 7-0. +(Sunday Sale), 10 S. Main St. RESOLUTION NO. 412-06 Rainbo Oil Company, Kwik Stop Food Mart, PRELIMINARY APPROVAL OF PLANS AND +(Sunday Sale), 2360 Central Ave. SPECIFICATIONS Family Mart, Inc., Family Mart, +(Sunday Sale), 3201 Central Ave. BE IT RESOLVED BY THE CITY COUNCIL Passed, approved and adopted this 5th day of OF THE CITY OF DUBUQUE, IOWA: September, 2006. That the proposed plans, specifications, form Roy D. Buol, Mayor of contract and estimated cost for the Eagle Attest: Jeanne F. Schneider, CMC, City Clerk Point Park Roofing Project, in the estimated Cline moved adoption of the Resolution. amount of $40,000, are hereby approved and Seconded by Jones. Motion carried 7-0. ordered filed in the office of the City Clerk, for public inspection. RESOLUTION NO. 411-06 Passed, approved and adopted this 5th day of Whereas, applications for Liquor Licenses September, 2006. have been submitted to this Council for approval Roy D. Buol, Mayor and the same have been examined and ap-Attest: Jeanne F. Schneider, City Clerk proved; and Cline moved adoption of the Resolution. Whereas, the premises to be occupied by such Seconded by Connors. Motion carried 7-0. applicants were inspected and found to comply with the State Laws and all City Ordinances relevant thereto and they have filed proper bonds. 340 Regular Session, September 5, 2005 RESOLUTION NO. 413-06 Attest: Jeanne F. Schneider, City Clerk FIXING DATE OF HEARING ON PLANS AND Cline moved adoption of the Resolution. SPECIFICATIONS Seconded by Connors. Motion carried 7-0. WHEREAS, the City Council of the City of Dubuque, Iowa has given its preliminary ap- Individual Historic Designation – 565 Fenelon proval on the proposed plans, specifications, Place: Communication from the Long Range and form of contract and placed same on file in Planning Advisory Commission recommending the office of the City Clerk for public inspection that a public hearing be set for November 6, of the Eagle Point Park Roofing Project. 2006 to consider approval of the Individual NOW, THEREFORE, BE IT RESOLVED, BY Historic Designation of 565 Fenelon Place, THE CITY COUNCIL OF THE CITY OF DUBU-presented and read. Cline moved that the QUE, IOWA, that on the 2nd day of October, communication be received and filed and set 2006, a public hearing will be held at 6:30 p.m. public hearing for 11/6/06 at a meeting to in the Public Library Auditorium, at which time commence at 6:30 P.M. in the public library interested persons may appear and be heard for auditorium and direct the City Clerk to publish or against the proposed plans and specifica-notice in the manner prescribed by law. tions, form of contract and cost of said improve-Seconded by Connors. Motion carried 7-0. ment, and the City Clerk be and is hereby BOARDS/COMMISSIONS directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubu- Applicants are invited to address the Council que, Iowa, which notice shall be not less than regarding their desire to serve on the following four days nor more than twenty days prior to the Boards/Commissions: day fixed for its consideration. At the hearing, Airport Commission (One four-year term any interested person may appear and file through 9/14/10 – Term of Accinelli) Appli- objections to the proposed plans, specifications, cants: Steven R. Accinelli, Eric R. Savage Mr. contract, or estimated cost of the improvement. Accinelli and Mr. Savage spoke requesting Passed, approved and adopted this 5th day of consideration for appointment to the Airport September, 2006. Commission. Roy D. Buol, Mayor Environmental Stewardship Advisory Commis- Attest: Jeanne F. Schneider, City Clerk sion (One vacant three-year term through Cline moved adoption of the Resolution. 10/1/09) Seconded by Connors. Motion carried 7-0. Applicant: Gayle Casel Ms. Casel spoke requesting consideration for appointment to the RESOLUTION NO. 414-06 Environmental Stewardship Advisory Commis- ORDERING BIDS sion. BE IT RESOLVED BY THE COUNCIL OF Historic Preservation Commission (One THE CITY OF DUBUQUE, IOWA: unexpired three-year term through 7/1/08 – Old That the Eagle Point Park Roofing Project is Main District and one unexpired three-year term hereby ordered to be advertised for bids for through 7/1/08 – Langworthy District) Appli- construction. cant: Keisha Wainwright – Langworthy District BE IT FURTHER RESOLVED, that the amount Ms. Wainwright spoke requesting consideration of the security to accompany each bid shall be in for appointment to the Historic Preservation an amount which shall conform to the provisions Commission. of the notice to bidders hereby approved as a PUBLIC HEARINGS part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to Michalski moved to suspend the rules to allow advertise for bids for the construction of the anyone present to address the Council. improvements herein provided, to be published Seconded by Connors. Motion carried 7-0. in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be Loras College – Request to Vacate: Proof of less than four days nor more than forty-five days publication of notice of hearing to consider a prior to the receipt of said bids at 2:00 p.m. on request from Loras College to vacate and the 21st day of September, 2006. Bids shall be purchase a portion of a City-owned alley be- opened and read by the City Clerk at said time tween West 16th Street and West 17th Street and will be submitted to the Council for final west of Catherine Street and City Manager action at 6:30 p.m. on the 2nd day of October, recommending approval, presented and read. 2006. Cline moved that the proof and communication Passed, approved and adopted this 5th day of be received and filed. Seconded by Jones. September, 2006. Motion carried 7-0. Roy D. Buol, Mayor Regular Session, September 5, 2006 341 thth Beverly Boettcher, 669 W. 16 Street, spoke 30 feet of the alley between West 16 Street th objecting to the sale of the property to Loras and West 17 Street west of Catherine Street is College. no longer required for public use, and vacating Steve Schmall, Vice President for Finance and of said alley, known as Lot 44A of Yates’ Subdi- Administrative Affairs of Loras College, clarified vision of Outlots 780 and 713 in the City of the request. Dubuque, Dubuque County, Iowa should be approved. RESOLUTION NO. 415-06 NOW THEREFORE, BE IT RESOLVED BY APPROVING PLAT OF PROPOSED VACAT- THE CITY COUNCIL OF THE CITY OF DUBU- ING OF THE WESTERLY 30 FEET OF THE QUE, IOWA: ALLEY BETWEEN WEST 16TH STREET AND Section 1. That the real estate described as WEST 17TH STREET WEST OF CATHERINE Lot 44A of Yates’ Subdivision of Outlots 780 and STREET 713 in the City of Dubuque, Iowa, be and the Whereas, there has been presented to the City same is hereby vacated. Council of the City of Dubuque, Iowa, a plat Passed, approved and adopted this 5th day of dated July 25, 2006, prepared by IIW Engineers September, 2006. & Surveyors, PC, describing the proposed Roy D. Buol, Mayor vacating of the westerly 30 feet of the alley Attest: Jeanne F. Schneider, CMC, City Clerk thth between West 16 Street and West 17 Street Cline moved adoption of the Resolution. west of Catherine Street; and Seconded by Jones. Motion carried 7-0. Whereas, said plat conforms to the laws and RESOLUTION NO. 417-06 statutes pertaining thereto. DISPOSING OF CITY INTEREST IN Lot 44A NOW THEREFORE, BE IT RESOLVED BY OF YATES’ SUBDIVISION OF OUTLOTS 780 THE CITY COUNCIL OF THE CITY OF DUBU- AND 713 IN THE CITY OF DUBUQUE, DUBU- QUE, IOWA: QUE COUNTY, IOWA Section 1. That the plat dated July 25, 2006, prepared by IIW Engineers & Surveyors, PC, Whereas, pursuant to resolution and published relative to the real estate hereinabove described notice of time and place of hearing, published in be and the same is hereby approved, and the the Telegraph Herald, a newspaper of general Mayor and City Clerk be and they are hereby circulation published in the City of Dubuque, authorized and directed to execute said plat for Iowa on this 25th day of August, 2006, the City and on behalf of the City of Dubuque, Iowa. Council of the City of Dubuque, Iowa met on the Section 2. That the City Clerk be and is hereby 5th day of September, 2006, at 6:30 p.m. in the authorized and directed to file said plat and Public Library Auditorium, 360 West 11 Street, certified copy of this resolution in the office of Dubuque, Dubuque County, Iowa to consider the Recorder in and for Dubuque County, Iowa. the proposal for the sale of real estate described Passed, approved and adopted this 5th day of as: September, 2006. Lot 44A of Yates’ Subdivision of Outlots 780 Roy D. Buol, Mayor and 713 in the City of Dubuque, Dubuque Attest: Jeanne F. Schneider, CMC, City Clerk County, Iowa Cline moved adoption of the Resolution. Whereas, the City Council of the City of Seconded by Jones. Motion carried 7-0. Dubuque, Iowa overruled any and all objections, oral or written to the proposal to sell such real RESOLUTION NO. 416-06 estate, except for easement as noted. VACATING THE WESTERLY 30 FEET OF THE NOW THEREFORE, BE IT RESOLVED BY TH ALLEY BETWEEN WEST 16 STREET AND THE CITY COUNCIL OF THE CITY OF DUBU- TH WEST 17 STREET WEST OF CATHERINE QUE, IOWA: STREET Section 1. That the sale of City of Dubuque Whereas, Loras College has requested the real property described as Lot 44A of Yates’ vacating the westerly 30 feet of the alley be-Subdivision of Outlots 780 and 713 in the City of thth tween West 16 Street and West 17 Street Dubuque, Dubuque County, Iowa in the City of west of Catherine Street; and Dubuque, Dubuque County, Iowa, to Loras Whereas, IIW Engineers & Surveyors, PC has College be and the same is hereby approved for prepared and submitted to the City Council a the sum of $1,290.00 plus the cost of platting, plat showing the proposed vacated portion of the publication, and filing fees. Conveyance shall be thth alley between West 16 Street and West 17 by Quit Claim Deed. Street west of Catherine Street and assigned a Section 2. That the Mayor be authorized and lot number thereto, which hereinafter shall be directed to execute a Quit Claim Deed, and the known and described as Lot 44A of Yates’ City Clerk be and is hereby authorized and Subdivision of Outlots 780 and 713 in the City of directed to deliver said deed of conveyance to Dubuque, Dubuque County, Iowa; and Loras College upon receipt of the purchase price Whereas, the City Council of the City of in full. Dubuque, Iowa has determined that the westerly 342 Regular Session, September 5, 2005 Section 3. That the City Clerk be and is hereby Roy D. Buol, Mayor authorized and directed to record a certified Attest: Jeanne F. Schneider, CMC, City Clerk copy of this resolution in the offices of the City Connors moved adoption of the Resolution. Assessor, Dubuque County Recorder and Seconded by Jones. Motion carried 7-0. Dubuque County Auditor. RESOLUTION NO. 419-06 Passed, approved and adopted this 5th day of APPROVING PLAT OF LOT F AND LOT G OF September, 2006. ROSEDALE ADDITION NO. 2 IN THE CITY OF Roy D. Buol, Mayor DUBUQUE, DUBUQUE COUNTY, IOWA Attest: Jeanne F. Schneider, CMC, City Clerk BEING THE PROPOSED VACATING OF AN Cline moved adoption of the Resolution. UNNAMED ROAD SOUTH OF ROSEDALE Seconded by Jones. Motion carried 7-0. AVENUE NEAR GLEN OAK STREET IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, Vacate Unnamed Road Off of Rosedale IOWA Avenue: Proof of publication of notice of hearing to consider vacating a portion of an unnamed Whereas, there has been presented to the City street off of Rosedale Avenue and City Manager Council of the City of Dubuque, Iowa, a plat recommending approval, presented and read. dated the 14th day of August, 2006, prepared by Connors moved that the proof of publication and the Engineering Department describing the communication be received and filed. Seconded proposed vacating of an unnamed road south of by Jones. Motion carried 7-0. Rosedale Avenue near Glen Oak Street in the City of Dubuque, Dubuque County, Iowa; and RESOLUTION NO. 418-06 Whereas, said plat conforms to the laws and APPROVING PLAT OF LOT D AND LOT E OF statutes pertaining thereto. ROSEDALE ADDITION NO. 2 IN THE CITY OF NOW THEREFORE, BE IT RESOLVED BY DUBUQUE, DUBUQUE COUNTY, IOWA, THE CITY COUNCIL OF THE CITY OF DUBU- BEING THE PROPOSED VACATING OF AN QUE, IOWA: UNNAMED ROAD SOUTH OF ROSEDALE Section 1. That the plat dated the 14th day of AVENUE NEAR GLEN OAK STREET IN THE August, 2006, prepared by the Engineering CITY OF DUBUQUE, DUBUQUE COUNTY, Department, relative to the real estate hereina- IOWA bove described be and the same is hereby Whereas, there has been presented to the City approved, and the Mayor and City Clerk be and Council of the City of Dubuque, Iowa, a plat they are hereby authorized and directed to dated the 14th day of August, 2006, prepared by execute said plat for and on behalf of the City of the Engineering Department describing the Dubuque, Iowa. proposed vacating of an unnamed road south of Section 2. That the City Clerk be and is hereby Rosedale Avenue near Glen Oak Street in the authorized and directed to file said plat and City of Dubuque, Dubuque County, Iowa; and certified copy of this resolution in the office of Whereas, said plat conforms to the laws and the Recorder in and for Dubuque County, Iowa. statutes pertaining thereto. Passed, approved and adopted this 5th day of NOW THEREFORE, BE IT RESOLVED BY September, 2006. THE CITY COUNCIL OF THE CITY OF DUBU-Roy D. Buol, Mayor QUE, IOWA: Attest: Jeanne F. Schneider, CMC, City Clerk Section 1. That the plat dated the 14th day of Connors moved adoption of the Resolution. August, 2006, prepared by the Engineering Seconded by Jones. Motion carried 7-0. Department, relative to the real estate hereina- RESOLUTION NO. 420-06 bove described be and the same is hereby VACATING AN UNNAMED ROAD SOUTH OF approved, and the Mayor and City Clerk be and ROSEDALE AVENUE NEAR GLEN OAK they are hereby authorized and directed to STREET IN THE CITY OF DUBUQUE, DUBU- execute said plat for and on behalf of the City of QUE COUNTY, IOWA Dubuque, Iowa. Section 2. The City of Dubuque reserves unto Whereas, the Engineering Department has itself a perpetual easement including the right of requested the vacating of an unnamed road ingress and egress thereto, for the purpose of south of Rosedale Avenue near Glen Oak Street erecting, installing, constructing, reconstructing, in the City of Dubuque, Dubuque County, Iowa; repairing, owning, operating, and maintaining a and storm sewer and storm sewer facilities. Whereas, the Engineering Department has Section 3. That the City Clerk be and is hereby prepared and submitted to the City Council plats authorized and directed to file said plat and showing the proposed vacating portion of certified copy of this resolution in the office of unnamed road south of Rosedale Avenue near the Recorder in and for Dubuque County, Iowa. Glen Oak Street, and assigned lot numbers Passed, approved and adopted this 5th day of thereto, which hereinafter shall be known and September, 2006. described as Lots D, E, F and G of Rosedale Regular Session, September 5, 2006 343 Addition No. 2 in the City of Dubuque, Dubuque the exchange of property. Conveyance shall be County, Iowa; and by Quit Claim Deed. Whereas, the City Council of the City of Section 3. That the sale of City of Dubuque Dubuque, Iowa has determined that this un-real property described as Lot F of Rosedale named road south of Rosedale Avenue near Addition No. 2 in the City of Dubuque, Dubuque Glen Oak Street is no longer required for public County, Iowa, to John B. and Dana M. Priest be use, and vacating of said street known as Lots and the same is hereby approved for the sum of D, E, F and G of Rosedale Addition No. 2 in the $300.00, plus cost of publication and filing fees. City of Dubuque, Dubuque County, Iowa, should Conveyance shall be by Quit Claim Deed. be approved. Section 4. That the sale of City of Dubuque NOW, THEREFORE, BE IT RESOLVED BY real property described as Lot G of Rosedale THE CITY COUNCIL OF THE CITY OF DUBU-Addition No. 2 in the City of Dubuque, Dubuque QUE, IOWA: County, Iowa to Blum Properties be and the Section 1. That the real estate described as same is hereby approved for the sum of $1.00, Lots D, E, F and G of Rosedale Addition No. 2 in plus cost of publication and filing fees. Con- the City of Dubuque, Dubuque County, Iowa, be veyance shall be by Quit Claim Deed. and the same is hereby vacated. Section 5. The City of Dubuque reserves unto Passed, approved and adopted this 5th day of itself a perpetual easement including the right of September, 2006. ingress and egress thereto, for the purpose of Roy D. Buol, Mayor erecting, installing, constructing, reconstructing, Attest: Jeanne F. Schneider, CMC, City Clerk repairing, owning, operating, and maintaining Connors moved adoption of the Resolution. storm sewer and storm sewer facilities shown on Seconded by Jones. Motion carried 7-0. the plat of Lot D and E of Rosedale Addition No. 2 in the City of Dubuque, Dubuque County, RESOLUTION NO. 421-06 Iowa. DISPOSING OF CITY INTEREST IN LOTS D, Section 6. That the Mayor be authorized and E, F AND G OF ROSEDALE ADDITION NO. 2 directed to execute a Quit Claim Deed, and the IN THE CITY OF DUBUQUE, DUBUQUE City Clerk be and is hereby authorized and COUNTY, IOWA directed to deliver said deed of conveyance to Whereas, pursuant to resolution and published Robert and Mary E. Timmerman, Michael J. and notice of time and place of hearing, published in Sonya A. Bryson, John B. and Dana M. Priest, the Telegraph Herald, a newspaper of general and Blum Properties upon receipt of the pur- circulation published in the City of Dubuque, chase price in full. Iowa on this 25th day of August, 2006, the City Section 7. That the City Clerk be and is hereby Council of the City of Dubuque, Iowa met on the authorized and directed to record a certified 5th day of September, 2006, at 6:30 p.m. in the copy of this resolution in the offices of the City Public Library Auditorium, 360 West 11 Street, Assessor, Dubuque County Recorder and Dubuque, Dubuque County, Iowa to consider Dubuque County Auditor. the proposal for the sale of real estate described Passed, approved and adopted this 5th day of as: September, 2006. Lots D, E, F, and G of Rosedale Addition No. 2 Roy D. Buol, Mayor in the City of Dubuque, Dubuque County, Iowa Attest: Jeanne F. Schneider, CMC, City Clerk Whereas, the City Council of the City of Connors moved adoption of the Resolution. Dubuque, Iowa overruled any and all objections, Seconded by Jones. Motion carried 7-0. oral or written to the proposal to sell such real estate, except for easement as noted. Fourth Street Extension Vacating: Proof of NOW, THEREFORE, BE IT RESOLVED BY publication of notice of hearing to consider THE CITY COUNCIL OF THE CITY OF DUBU-vacating the Fourth Street Extension to recon- QUE, IOWA: struct the street in this area to provide access to Section 1. That the sale of City of Dubuque the Shot Tower and parking areas adjacent to real property described as Lot D of Rosedale the Brewery and City Manager recommending Addition No. 2 in the City of Dubuque, Dubuque approval, presented and read. Cline moved that County, Iowa, to Robert C. and Mary E. Tim-the proof and communication be received and merman be and the same is hereby approved filed. Seconded by Braig. Motion carried 7-0. for the sum of $300.00, plus cost of publication RESOLUTION NO. 422-06 and filing fees. Conveyance shall be by Quit APPROVING PLAT OF PROPOSED VACAT- Claim Deed. ING OF FOURTH STREET EXTENSION Section 2. That the sale of City of Dubuque real property described as Lot E of Rosedale Whereas, there has been presented to the City Addition No. 2 in the City of Dubuque, Dubuque Council of the City of Dubuque, Iowa, a plat th County, Iowa, to Michael J. and Sonya A. dated the 7 day of August, 2006, prepared by Bryson be and the same is hereby approved for WHKS & Co., describing the proposed vacating of Fourth Street Extension; and 344 Regular Session, September 5, 2005 Whereas, said plat conforms to the laws and Highway 20 Landscaping – Phase II Project: statutes pertaining thereto. Proof of publication of notice of hearing to NOW THEREFORE, BE IT RESOLVED BY consider adoption of the plans and specifications THE CITY COUNCIL OF THE CITY OF DUBU-for the Highway 20 Landscaping – Phase II QUE, IOWA: Project and City Manager recommending award th Section 1. That the plat dated the 7 day of of the contract to Smith Seeding in the amount August, 2006, prepared by WHKS & Co. relative of $240,657, presented and read. Cline moved to the real estate hereinabove described be and that the proof and communication be received the same is hereby approved, and the Mayor and filed. Seconded by Lynch. Motion carried 7- and City Clerk be and they are hereby autho-0. rized and directed to execute said plat for and RESOLUTION NO. 424-06 on behalf of the City of Dubuque, Iowa. ADOPTING PLANS AND SPECIFICATIONS Section 2. That the City Clerk be and is hereby th authorized and directed to file said plat and WHEREAS, on the 5 day of July, 2006, certified copy of this resolution in the office of plans, specifications, form of contract and the Recorder in and for Dubuque County, Iowa. estimated cost were filed with the City Clerk of Passed, approved and adopted this 5th day of Dubuque, Iowa for the Highway 20 Landscaping September, 2006. Project, Phase II. Roy D. Buol, Mayor WHEREAS, notice of hearing on plans, Attest: Jeanne F. Schneider, CMC, City Clerk specifications, form of contract, and estimated Cline moved adoption of the Resolution. cost was published as required by law. Seconded by Braig. Motion carried 7-0. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- RESOLUTION NO. 423-06 QUE, IOWA: VACATING FOURTH STREET EXTENSION That the said plans, specifications, form of Whereas, the City of Dubuque Engineering contract and estimated cost are hereby ap- Department has requested the vacating of proved as the plans, specifications, form of Fourth Street Extension; and contract and estimated cost for said improve- Whereas, WHKS & Co. has prepared and ments for said project. th submitted to the City Council a plat showing the Passed, approved and adopted this 5 day of proposed vacated Fourth Street Extension, September, 2006. except for reserving the utility easements as Roy D. Buol, Mayor noted, and assigned a lot number thereto, which Attest: Jeanne F. Schneider, City Clerk hereinafter shall be known and described as Lot Cline moved adoption of the Resolution. W in Dubuque Harbor Improvement Company Seconded by Lynch. Motion carried 7-0. Addition in the City of Dubuque, Dubuque RESOLUTION NO. 425-06 County, Iowa; and AWARDING CONTRACT Whereas, the City Council of the City of Dubuque, Iowa has determined that Fourth WHEREAS, sealed proposals have been Street Extension, except for reserving the utility submitted by contractors for the Highway 20 easements as noted, is no longer required for Landscaping Project, Phase II pursuant to public use, and vacating of said Fourth Street Resolution No. 298-06, and notice to bidders Extension, known as Lot W in Dubuque Harbor published in a newspaper published in the City Improvement Company Addition in the City of of Dubuque, Iowa, on the 7th day of July, 2006. Dubuque, Dubuque County, Iowa should be WHEREAS, said sealed proposals were approved. opened and read on the 15th day of August, NOW THEREFORE, BE IT RESOLVED BY 2006, and it has been determined that the bid of THE CITY COUNCIL OF THE CITY OF DUBU-Smith Seeding in the amount of $240,657 was QUE, IOWA: the lowest bid for the furnishings of all labor and Section 1. That the real estate described as materials and performing the work as provided Lot W in Dubuque Harbor Improvement Compa-for in the plans and specifications. ny Addition in the City of Dubuque, Dubuque NOW THEREFORE, BE IT RESOLVED BY County, Iowa, be and the same is hereby THE CITY COUNCIL OF THE CITY OF DUBU- vacated. QUE, IOWA: Passed, approved and adopted this 5th day of That the contract for the above improvement September, 2006. be awarded to Smith Seeding, and the Manager Roy D. Buol, Mayor be and is hereby directed to execute a contract Attest: Jeanne F. Schneider, CMC, City Clerk on behalf of the City of Dubuque for the com- Cline moved adoption of the Resolution. plete performance of the work. Seconded by Braig. Motion carried 7-0. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Regular Session, September 5, 2006 345 Treasurer is authorized and instructed to return Whereas, the sealed proposals were opened the bid deposits of the unsuccessful bidders. and read by the Iowa Department of Transporta- th Passed, approved and adopted this 5th day of tion on the 15 day of August, 2006. September, 2006. NOW THEREFORE, BE IT RESOLVED BY Roy D. Buol, Mayor THE CITY COUNCIL OF THE CITY OF DUBU- Attest: Jeanne F. Schneider, City Clerk QUE, IOWA: Cline moved adoption of the Resolution. Section 1. The bid proposal received for the Seconded by Lynch. Motion carried 7-0. US 20 (Devon Drive to Menards) Capacity Improvements Project – Phase I, Traffic Signal RESOLUTION NO. 426-06 and Intelligent Transportation System Improve- APPROVING CONSTRUCTION CONTRACT ments (STP-A-020-9(186)—22-31) is hereby WITH SMITH SEEDING FOR THE HIGHWAY rejected. 20 LANDSCAPING PROJECT, PHASE II Passed, adopted and approved this 5th day of Whereas, the City Council by Resolution No. September, 2006. 425-06 awarded the construction contract for the Roy D. Buol, Mayor Highway 20 Landscaping Project, Phase II to Attest: Jeanne F. Schneider, CMC, City Clerk Smith Seeding; and Cline moved adoption of the Resolution. Whereas Smith Seeding has submitted the Seconded by Lynch. Motion carried 7-0. attached executed contract and bond. NOW THEREFORE, BE IT RESOLVED BY Loras Boulevard Traffic Signalization Re- THE CITY COUNCIL OF THE CITY OF DUBU-placement Project: Proof of publication of notice QUE, IOWA: of hearing to consider adoption of the plans and 1. The contract and bond attached hereto are specifications for the Loras Boulevard Traffic hereby approved. Signalization Replacement Project and City 2. The City Manager is hereby authorized and Manager recommending award of the contract to directed to execute the contract on behalf of the Portzen Construction, Inc., in the amount of City of Dubuque. $282,680.25, presented and read. Connors Passed, approved and adopted this 5th day of moved that the proof and communication be September, 2006. received and filed. Seconded by Cline. Motion Roy D. Buol, Mayor carried 7-0. Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 428-06 Cline moved adoption of the Resolution. ADOPTING PLANS AND SPECIFICATIONS Seconded by Lynch. Motion carried 7-0. Whereas, on the 2nd day of August, 2006, US 20 (Devon Drive to Menards) Capacity plans, specifications, form of contract and Improvements Project: Proof of publication of estimated cost were filed with the City Clerk of notice of hearing to consider adoption of the Dubuque, Iowa, for the Loras Boulevard Traffic plans and specifications for the US 20 (Devon Signalization Replacement Project. Drive to Menards) Capacity Improvements Whereas, notice of hearing on plans, specifica- Project and City Manager advising that the only tions, form of contract, and estimated cost was bid received was incomplete and therefore the published as required by law. project will be re-bid later this year, presented NOW THEREFORE, BE IT RESOLVED BY and read. Cline moved that the proof and THE CITY COUNCIL OF THE CITY OF DUBU- communication be received and filed. Seconded QUE, IOWA: by Lynch. Motion carried 7-0. That the said plans, specifications, form of contract and estimated cost are hereby ap- RESOLUTION NO. 427-06 proved as the plans, specifications, form of REJECTING THE CONTRACT BID PROPOS- contract and estimated cost for said improve- AL FOR THE US 20 (DEVON DRIVE TO ments for said project. MENARDS) CAPACITY IMPROVEMENTS Passed, adopted and approved this 5th day of PROJECT – PHASE I, TRAFFIC SIGNAL AND September, 2006. INTELLIGENT TRANSPORTATION SYSTEM Roy D. Buol, Mayor IMPROVEMENTS (STP-A-020-9(186)—22-31) Attest: Jeanne F. Schneider, CMC, City Clerk Whereas, a sealed proposal was submitted by Connors moved adoption of the Resolution. a contractor for the US 20 (Devon Drive to Seconded by Cline. Motion carried 7-0. Menards) Capacity Improvements Project – RESOLUTION NO. 429-06 Phase I, Traffic Signal and Intelligent Transpor- AWARDING CONSTRUCTION CONTRACT tation System Improvements (STP-A-020- FOR THE LORAS BOULEVARD TRAFFIC 9(186)—22-31), pursuant to Resolution No. 484- SIGNALIZATION REPLACEMENT PROJECT 06 and notice to bidders published in a newspa- per published in the City of Dubuque, Iowa, on Whereas, sealed proposals have been submit- th the 11 day of August, 2006; and ted by contractors for the Loras Boulevard Traffic Signalization Replacement Project 346 Regular Session, September 5, 2005 pursuant to Resolution No. 359-06 and notice to Connors moved that the rules be reinstated bidders published in a newspaper published in limiting discussion to the Council. Seconded by th the City of Dubuque, Iowa on the 11 day of Jones. Motion carried 7-0. August, 2006. ACTION ITEMS Whereas, said sealed proposals were opened th and read on the 24 day of August, 2006, and it has been determined that the bid of Portzen Dubuque Main Street, Ltd.: Dan LoBianco, Construction, Inc. of Dubuque, Iowa, in the Dubuque Main Street, Ltd., to provide verbal amount of $282,680.25 was the lowest bid for quarterly report. the furnishings of all labor and materials and Mr. LoBianco spoke giving a positive verbal performing the work as provided for in the plans report of their activities this last quarter. Jones and specifications. moved that the report be received and filed. NOW THEREFORE, BE IT RESOLVED BY Seconded by Michalski. Motion carried 7-0. THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Request to Address the City Council: Request That the contract for the above improvement of Tara Winger regarding discrimination in be awarded to Portzen Construction, Inc. and housing, presented and read. Michalski moved the Manager be and is hereby directed to that the communication be received and filed execute a contract on behalf of the City of and referred to the Housing and Police Depart- Dubuque for the complete performance of the ments. Seconded by Cline. Motion carried 7-0. work. Ms. Winger had phoned that she could not be BE IT FURTHER RESOLVED: in attendance at the meeting. That upon the signing of said contract and the approval of the contractor’s bond, the City Architectural Services for Federal Building: Treasurer is authorized and instructed to return City Manager recommending approval to enter the bid deposits of the unsuccessful bidders. into an agreement with Neumann Monson Passed, approved and adopted this 5th day of Architects to provide design services for the September, 2006. Federal Building project in the amount of Roy D. Buol, Mayor $118,580, and additional letters concerning the Attest: Jeanne F. Schneider, CMC, City Clerk agreement, presented and read. Cline moved Connors moved adoption of the Resolution. that the communication be received and filed Seconded by Cline. Motion carried 7-0. and after discussion of true costs, authorized the City Manager to negotiate and execute contract RESOLUTION NO. 430-06 with The Durrant Group. Seconded by Connors. APPROVING CONSTRUCTION CONTRACT Motion carried 7-0. WITH PORTZEN CONSTRUCTION, INC. FOR THE LORAS BOULEVARD TRAFFIC SIGNA-RESOLUTION NO. 431-06 LIZATION REPLACEMENT PROJECT APPROVING AN AGREEMENT WITH THE DURRANT GROUP, INC. FOR SERVICES Whereas the City Council by Resolution No. RELATED TO THE DESIGN AND ADAPTIVE 429-06 awarded the construction contract for the REUSE OF THE FEDERAL BUILDING Loras Boulevard Traffic Signalization Replace- ment Project to Portzen Construction, Inc.; and WHEREAS, the City of Dubuque intends to Whereas Portzen Construction, Inc. has modify and adaptively re-use the Federal Build- submitted the attached executed contract and ing for offices for City departments and City bond. Council chambers; and NOW THEREFORE, BE IT RESOLVED BY WHEREAS, responses were received from THE CITY COUNCIL OF THE CITY OF DUBU-architectural-engineering firms to provide servic- QUE, IOWA: es necessary to implement these modifications, 1. The contract and bond attached hereto are for Phase 1 improvements to the building; and hereby approved. NOW, THEREFORE BE IT RESOLVED BY 2. The City Manager is hereby authorized and THE CITY COUNCIL OF THE CITY OF DUBU- directed to execute the contract on behalf of the QUE, IOWA: City of Dubuque. Section 1. That the City Council of the City of Passed, approved and adopted this 5th day of Dubuque hereby approves the proposal of The September, 2006. Durrant Group, Inc. to provide design and Roy D. Buol, Mayor engineering services in connection with Phase 1 Attest: Jeanne F. Schneider, CMC, City Clerk of the Federal Building project, at a cost of Connors moved adoption of the Resolution. $96,800 as provided in the proposal. Seconded by Cline. Motion carried 7-0. Section 2. That the City Manager is hereby authorized to negotiate an agreement with The Durrant Group, Inc. consistent with the proposal Regular Session, September 5, 2006 347 and to sign the agreement on behalf of the City Section 2. This Ordinance shall take effect of Dubuque. upon publication. th Passed, approved and adopted this 5 day of Passed, approved and adopted this 5th day of September, 2006. September, 2006. Roy D Buol, Mayor Roy D. Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Published officially in the Telegraph Herald th Seconded by Connors. Motion carried 7-0. newspaper this 9 day of September, 2006. Jeanne F. Schneider, City Clerk America’s River Corporation: City Manager 1t 9/9 recommending approval of a contribution of up Michalski moved that the requirement that a to $5,000 toward the deficit of the 2006 Ameri-proposed Ordinance be considered and voted ca’s River Festival based on a request from on for passage at two Council Meetings prior to Jerry Enzler, Chair of America’s River Corpora-the meeting at which it is to be finally passed be tion, presented and read. Cline moved that the suspended. Seconded by Connors. Motion communication be received and filed and carried 7-0. Jones moved final consideration and approved recommendation. Seconded by Lynch. passage of the Ordinance. Seconded by Motion carried 7-0. Connors. Motion carried 7-0. COUNCIL MEMBER REPORTS Municipal Infraction Penalties: City Manager recommending approval of an ordinance amend- ing the City of Dubuque Code of Ordinances to Michalski mentioned that last week was a increase the amount of the penalties for civil “wow” week for the City, with the successful City infractions, presented and read. Michalski Council goal-setting; Fire Training Center flag moved that the communication be received and raising; Arts Exhibit opening at the Port of filed. Seconded by Connors. Motion carried 7-0. Dubuque, and the Labor Day Parade. An Ordinance Amending the City of Dubuque There being no further business, Michalski Code of Ordinances Section 1-16 Penalties for moved to adjourn. Seconded by Cline. Motion Civil Infractions by increasing the amount of the carried 7-0. penalties, presented and read. The meeting adjourned at 7:57 P.M. OFFICIAL PUBLICATION /s/ Jeanne F. Schneider, CMC ORDINANCE NO. 60-06 City Clerk AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES SECTION 1-16 PENALTIES FOR CIVIL INFRACTIONS BY INCREASING THE AMOUNT OF THE PENALTIES NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. Section 1-16 of the City of Dubuque Code of Ordinances is amended to read as follows: Sec. 1-16. Penalties: A Municipal infraction is punishable by a civil penalty as provided in the following schedule, unless a specific schedule of civil penalties is provided for specific offenses elsewhere in this Code: Schedule Of Civil Penalties: First offense Not to exceed $750.00 All other repeat offenses Not to exceed $1,000.00 Each day that a violation occurs or is permitted to exist by the violator constitutes a separate offense. Seeking a civil penalty as authorized in this Chapter does not preclude the City from seeking alternative relief from the court in the same action as provided in section 364.22 of the Code of Iowa. 348 Regular Session, September 18, 2006 DUBUQUE and approved as printed. Seconded by Lynch. Motion carried 7-0. CITY COUNCIL OFFICIAL Notice of Claims/Suits: Theresa M. Clasen for PROCEEDINGS vehicle damage; David and Judith Tully for vehicle damage; J. Thomas Zaber, et al vs. City of Dubuque, presented and read. Cline moved City Council, Regular Session, September 18, that the communications be received and filed 2006 and referred to the City Attorney for investiga- Council met at 6:30 P.M. in the Public Library tion/report. Seconded by Lynch. Motion carried Auditorium 7-0. Present: Mayor Buol, Council Members Braig, City Attorney advising that the following claim Cline, Connors, Jones, Lynch, Michalski, City has been referred to Public Entity Risk Services Manager Van Milligen, Assistant City Attorney of Iowa, the agent for the Iowa Communities O’Brien Assurance Pool: Theresa M. Clasen for vehicle damage, presented and read. Cline moved that Mayor Buol read the call and stated this is a the communication be received and filed and regular session of the City Council called for the concurred. Seconded by Lynch. Motion carried purpose of discussing such matters which may 7-0. properly come before the Council. City Attorney recommending that the claim of Invocation was given by Reverend Melissa Judith Tully be referred to Selco, Inc., presented Warren Spoerl, Spiritual Care Coordinator of and read. Cline moved that the communication Hospice of Dubuque be received and filed and concurred. Seconded by Lynch. Motion carried 7-0. Proclamations: Constitution Week (September 17 – 23, 2006) received by Eileen Coursey; Fiscal Year 2006 Street Finance Report: City Employ Older Workers Week (September 24 – Manager recommending approval of the City of 30, 2006) received by Sandy Johnson of AARP Dubuque’s Fiscal Year 2006 Street Finance Senior Employment; Irish Hooley Day (Septem- Report for submittal to the Iowa Department of ber 24, 2006) received by Ann Schroeder and Transportation, presented and read. Cline the Claddaugh Dancers: Kerry Blodgett, Danika moved that the communication be received and Carstens, Molly O’Hara, and Erin Schroeder; filed. Seconded by Lynch. Motion carried 7-0. World Wide Day of Play (September 30, 2006); Crop Walk Day in Dubuque (October 1, 2006) RESOLUTION NO. 432-06 received by Dorothy Krayer; Mental Health APPROVING THE CITY OF DUBUQUE FIS- Association Day (October 12, 2006) received by CAL YEAR 2006 CITY STREET FINANCE John Curtis; Disability Employment Awareness REPORT Month (October, 2006) received by Mary Lynn NOW THEREFORE, BE IT RESOLVED BY Revoir of Iowa Workforce Development and THE CITY COUNCIL OF THE CITY OF DUBU- Nancy Everman of the Dubuque County Exten- QUE, IOWA: sion Office. Section 1. That the City Street Finance Report for the period of July 1, 2005, to June 30, 2006, CONSENT ITEMS is hereby approved and that the City Clerk is hereby authorized and directed to file said report Minutes and Reports Submitted: Airport with the Iowa Department of Transportation. Commission of 8/26; City Council of 8/29, 8/30 Passed, approved and adopted this 18th day and 9/5; Electrical Code Board of 7/26; Zoning of September, 2006. Advisory Commission of 9/6, presented and Roy D. Buol, Mayor read. Cline moved that the minutes be received Attest: Jeanne F. Schneider, CMC, City Clerk and filed. Seconded by Lynch. Motion carried 7- Cline moved adoption of the Resolution. 0. Seconded by Lynch. Motion carried 7-0. Proof of publication of List of Claims and Federal Recreation Trail Grant: City Manager Summary of Revenues for month ending July recommending approval of an application to the 31, 2006, presented and read. Cline moved that Iowa Department of Transportation for a Federal the proofs be received and filed. Seconded by Recreational Trails grant in the amount of Lynch. Motion carried 7-0. $342,000 for Phase 2 of the Iowa 32 (Northwest Arterial) Bike/Hike Trail Project, presented and Printed Council Proceedings for month of read. Cline moved that the communication be March, 2006, presented and read. Cline moved that the communication be received and filed Regular Session, September 18, 2006 349 received and filed. Seconded by Lynch. Motion grant application to the State Historical Society carried 7-0. of Iowa for a Fiscal Year 2007 Certified Local Government (CLG) Grant to conduct the Phase I RESOLUTION NO. 433-06 Archeological Survey at Four Mounds Estates, APPROVING THE SUBMITTAL OF AN AP- presented and read. Cline moved that the PLICATION FOR FEDERAL RECREATIONAL communication be received and filed and TRAILS PROGRAM FUNDING TO THE IOWA approved recommendation. Seconded by Lynch. DEPARTMENT OF TRANSPORTATION FOR Motion carried 7-0. PHASE 2 OF THE IOWA 32 (NORTHWEST ARTERIAL) BIKE/HIKE TRAIL Community Development Block Grant Report: Whereas, the Iowa Department of Transporta-City Manager submitting the United States tion has announced the availability of Statewide Government Accountability Office report to Transportation Enhancements Funding; and Congressional Committees regarding Communi- Whereas, pedestrian and bicycle facilities are ty Development Block Grants, which mentions eligible activities for this funding; and the City’s Heartland Financial project, presented Whereas, design, engineering and construc-and read. Cline moved that the communication tion costs are eligible for this funding; and be received and filed. Seconded by Lynch. Whereas, the City has adopted a Comprehen-Motion carried 7-0. sive Plan that identified a community-wide bike/pedestrian network that includes a trail Consolidated Annual Performance and Eval- along Iowa 32 (Northwest Arterial). uation Report (CAPER): City Manager recom- NOW THEREFORE, BE IT RESOLVED BY mending approval of the Consolidated Annual THE CITY COUNCIL OF THE CITY OF DUBU-Performance and Evaluation Report (CAPER) QUE, IOWA: for the period of July 1, 2005 through June 30, Section 1. The Mayor is authorized to sign and 2006, which is required by the regulations submit this application to the Iowa Department governing the Community Development Block of Transportation for Statewide Transportation Grant (CDBG) Program, presented and read. Enhancements Funding for Phase 2 of the Iowa Cline moved that the communication be re- 32 (Northwest Arterial) Bike/Hike Trail. ceived and filed. Seconded by Lynch. Motion Section 2. That the City Council authorizes the carried 7-0. City Manager to utilize budgeted Capital Im- RESOLUTION NO. 434-06 provement Program funds to provide the match AUTHORIZING THE SUBMISSION OF A required by this program. CONSOLIDATED ANNUAL PERFORMANCE Section 3. That in the event said application is AND EVALUATION REPORT (CAPER) FOR approved, the City Council hereby provides its THE PERIOD COMMENCING JULY 1, 2005 written assurance that the completed project will AND CONCLUDING JUNE 30, 2006 be adequately maintained for its intended public use for a minimum of twenty (20) years following Whereas, the City of Dubuque, Iowa, is an the project. entitlement grant recipient under the Community Section 4. That the City of Dubuque agrees to Development Block Grant (CDBG) Program of abide by all local, state and federal requirements the U.S. Department of Housing and Urban applicable to the proposed budget. Development (HUD); and Passed, approved and adopted this 18th day Whereas, the CDBG regulations require that of September 2006. no later than ninety (90) days after the comple- Roy D. Buol, Mayor tion of a program year, each entitlement reci- Attest: Jeanne F. Schneider, City Clerk pient must submit a performance and evaluation Cline moved adoption of the Resolution. report, Consolidated Annual Performance and Seconded by Lynch. Motion carried 7-0. Evaluation Report (CAPER); and, Whereas, the City has 1) prepared a CAPER McGraw-Hill Storm Sewer Extension: City for the program year commencing July 1, 2005 Manager recommending approval to negotiate a and concluding June 30, 2006; 2) published contract with WHKS & Company for a lump sum notice of availability of the CAPER in the Tele- fee of $8,700 for engineering and survey servic-graph Herald the Dubuque Advertiser on August es to facilitate the timely design of the storm 16, 2006; 3) made copies of the CAPER availa- sewer to be extended to the west from Bell ble for public review at the Carnegie Stout Public Street, south of the McGraw-Hill property and Library, City Hall, and Housing and Community north of 5th Street, presented and read. Cline Development Department; 4) held a public moved that the communication be received and hearing pursuant to published notice before the filed and approved recommendation. Seconded Community Development Advisory Commission by Lynch. Motion carried 7-0. on September 6, 2006; and Whereas, the Community Development Certified Local Government (CLG) Grant: City Advisory Commission has voted to approve the Manager transmitting the final version of the 350 Regular Session, September 18, 2006 CAPER and to recommend City Council approv-regarding the administration, operation and al. maintenance of the Agency’s solid waste facili- NOW, THEREFORE, BE IT RESOLVED BY ties and services. THE CITY COUNCIL OF THE CITY OF DUBU- Whereas, the City Council of the City of QUE, IOWA: Dubuque is willing to accept responsibility for the Section 1. That the Consolidated Annual administration, operation and maintenance of Performance and Evaluation Report (CAPER) the Agency’s solid waste facilities and services for the period commencing July 1, 2005 and by the City of Dubuque on the terms set forth in concluding June 30, 2006 is hereby approved the attached Agreement. for submission. NOW THEREFORE, BE IT RESOLVED BY Section 2. That the Mayor of the City of THE CITY COUNCIL OF THE CITY OF DUBU- Dubuque is hereby authorized and directed to QUE, IOWA: execute the Consolidated Annual Performance Section 1. That the City Council of the City of and Evaluation Report (CAPER) on behalf of the Dubuque, Iowa hereby approves and directs the City of Dubuque, Iowa. Mayor to sign the attached Agreement with the Section 3. That the City Manager is hereby Dubuque Metropolitan Area Solid Waste Agency authorized and directed to submit the Consoli-for the management, operation and mainten- dated Annual Performance and Evaluation ance of the Agency’s solid waste facilities and Report (CAPER) to the U.S. Department of services. Housing and Urban Development. Passed, approved and adopted this 18th day Passed, approved and adopted this 18th day of September, 2006. of September 2006. Roy D. Buol, Mayor Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Cline moved adoption of the Resolution Seconded by Lynch. Motion carried 7-0. Seconded by Lynch. Motion carried 7-0. Comprehensive Solid Waste Management Dubuque Metropolitan Area Solid Waste Plan Update: City Manager recommending Agency: City Manager recommending approval concurrence and approval of the Dubuque of the Administration, Operation and Mainten-Metropolitan Area Solid Waste Agency’s 2006 ance of Solid Waste Facilities and Services Comprehensive Solid Waste Management Plan Agreement with the Dubuque Metropolitan Area Update, presented and read. Cline moved that Solid Waste Agency, presented and read. Cline the communication be received and filed. moved that the communication be received and Seconded by Lynch. Motion carried 7-0. filed. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 436-06 RESOLUTION NO. 435-06 ADOPTING THE DUBUQUE METROPOLITAN APPROVING ADMINISTRATION, OPERATION AREA SOLID WASTE AGENCY’S COMPRE- AND MAINTENANCE AGREEMENT BE-HENSIVE SOLID WASTE MANAGEMENT TWEEN THE CITY OF DUBUQUE AND THE PLAN UPDATE DUBUQUE METROPOLITAN AREA SOLID Whereas, Section 455B.302 of the Code of WASTE AGENCY Iowa requires every city and county of this state Whereas, the Dubuque Metropolitan Area to provide for the establishment and operation of Solid Waste Agency is the entity created by the a comprehensive solid waste reduction program Intergovernmental Agreement between the consistent with the waste management hie- County of Dubuque and the City of Dubuque, rarchy under section 455B.301A, and a sanitary pursuant to Iowa Code Chapter 28E; and disposal project for final disposal of solid waste Whereas, the Board of Directors of the Dubu-by its residents; and que Metropolitan Area Solid Waste Agency Whereas, Section 455B.306(1) of the Code of desires that the City of Dubuque be responsible Iowa requires that all cities and counties file with for the administration, operation, and mainten-the Director of the Department of Natural Re- ance of the Agency’s solid waste facilities and sources a comprehensive plan detailing the services; and method by which the city or county will comply Whereas, the Board of Directors of the Dubu-with the requirements of section 455B.302 to que Metropolitan Area Solid Waste Agency establish and implement a comprehensive solid agrees to compensate the City of Dubuque for waste reduction program for its residents; and all costs associated with the administration, Whereas, a proposed comprehensive plan, as operation and maintenance of the Agency’s solid described in section 455B.306 of the Code of waste facilities and services; and Iowa has been prepared by the Dubuque Whereas, it is necessary that the City of Metropolitan Area Solid Waste Agency and the Dubuque and the Dubuque Metropolitan Area Delaware County Solid Waste Disposal Com- Solid Waste Agency enter into an agreement mission at the direction of and with the participa- Regular Session, September 18, 2006 351 tion of the City Council of the City of Dubuque, and the City of Dubuque is eligible to receive Iowa, which plan is entitled Comprehensive Plan pilot project status within the program. Update and is dated September 1, 2006; and NOW, THEREFORE, BE IT RESOLVED BY Whereas, the City Council of the City of THE CITY COUNCIL OF THE CITY OF DUBU- Dubuque, Iowa has determined that the adop-QUE, IOWA: tion and implementation of the proposed com- Section 1. That the City Council of the City of prehensive plan is in its best interest, with Dubuque hereby endorses the application to the respect to satisfying its statutory duties. Iowa Department of Economic Development Now, therefore, it is hereby resolved by the Targeted Jobs Withholding Tax Credit Program. CITY COUNCIL OF THE CITY OF DUBUQUE, Section 2. That the City Manager is authorized IOWA: to sign, on behalf of the City Council, the appli- 1. That the City Council of the City of Dubu-cation for Targeted Jobs Withholding Tax Credit que, Iowa does hereby approve and adopt the Program. Comprehensive Plan Update as its comprehen- Passed, approved and adopted this 18th day sive solid waste reduction plan, provided that of September, 2006. any changes in said plan hereafter proposed by Roy D. Buol, Mayor the Agency or required by the Iowa Department Attest: Jeanne F. Schneider, City Clerk of Natural Resources shall be subject to the Cline moved adoption of the Resolution. approval of the City Council of the City of Dubu-Seconded by Lynch. Motion carried 7-0. que, Iowa. 2. That the City Council of the City of Dubu- 409 Burch Street (Tabled from July 17, 2006 que, Iowa shall implement and participate in the Meeting): City Manager recommending that this programs set forth in the Comprehensive Plan item be re-tabled to October 16, 2006, pre- Update. sented and read. Cline moved that the commu- 3. That the Agency is authorized to submit on nication be received and filed and re-tabled to behalf of the City Council of the City of Dubu-the 10/16/06 Council Meeting. Seconded by que, Iowa the Comprehensive Plan Update to Lynch. Motion carried 7-0. the Iowa Department of Natural Resources in satisfaction of Section 455B.306(1) of the Code Klauer Manufacturing Company: City Manager of Iowa. recommending that the City Council receive and Passed, adopted and approved this 18th day file the acknowledgement executed by him for of September, 2006. the five year lease extension between the City Roy D. Buol, Mayor and Klauer Manufacturing Company for the Attest: Jeanne F. Schneider, City Clerk period December 1, 2006 through November 30, Cline moved adoption of the Resolution. 2011, presented and read. Cline moved that the Seconded by Lynch. Motion carried 7-0. communication be received and filed. Seconded by Lynch. Motion carried 7-0. Targeted Jobs Withholding Tax Credit Applica- tion: City Manager recommending approval of a Citizen Communication: Communication from Resolution of Support and an application to the Tim Patterson, 1882 White Street, requesting Iowa Department of Economic Development for that the City enact an ordinance to allow urban the Targeted Jobs Withholding Tax Credit chickens within the City limits, presented and Program for pilot project status, presented and read. Cline moved that the communication be read. Cline moved that the communication be received and filed and referred to the City received and filed. Seconded by Lynch. Motion Manager. Seconded by Lynch. Motion carried 7- carried 7-0. 0. RESOLUTION NO. 437-06 Purchase of Property: City Manager recom- ENDORSING AN APPLICATION FOR THE mending approval to purchase a residential IOWA DEPARTMENT OF ECONOMIC DE- dwelling located at 1721 Elm Street to be used VELOPMENT TARGETED JOBS WITHHOLD- for the parking lot next to the new Community ING TAX CREDIT PROGRAM Health Center, presented and read. Cline moved Whereas, the City of Dubuque is interested in that the communication be received and filed. promoting further economic development Seconded by Lynch. Motion carried 7-0. opportunities in the City in order to attract new RESOLUTION NO. 438-06 job creating businesses to this community; and APPROVING THE ACQUISITION OF REAL Whereas, receiving pilot project status within ESTATE LOCATED AT 1721 ELM STREET IN the program will make available additional THE CITY OF DUBUQUE incentives to encourage new quality jobs to the City; and WHEREAS, the City of Dubuque intends to Whereas, the Iowa Department of Economic acquire certain properties to provide for addi- Development has a new program called the tional parking for the Community Health Center Targeted Jobs Withholding Tax Credit Program Project; and 352 Regular Session, September 18, 2006 WHEREAS, a purchase agreement has been Lang and congratulated City Staff. Seconded by finalized with the owner of the fourth property Braig. Motion carried 7-0. scheduled for acquisition. NOW, THEREFORE, BE IT RESOLVED BY Dubuque County Historical Society: City THE CITY COUNCIL OF THE CITY OF DUBU-Manager recommending that the City Council QUE, IOWA: approve a resolution of support for the Dubuque Section 1. That the City of Dubuque hereby County Historical Society’s application to Vision approves the acquisition of the following legally Iowa for $5 million to develop the RiverMax described property: Theater and Great Rivers Center at the former The Southerly half of Lot 158 in East Dubuque Adams Company site, presented and read. Cline Addition in the City of Dubuque, Iowa according moved that the communication be received and to the recorded Plat thereof in Dubuque County, filed. Seconded by Lynch. Motion carried 7-0. Iowa RESOLUTION NO. 439-06 At the cost of Forty-eight thousand dollars ($48 ENDORSE APPLICATION 000). Section 2. That the City of Dubuque be and is Whereas, the City of Dubuque (City) and the hereby authorized to accept a Quit Claim deed Dubuque County Historical Society (Society) from the owner, conveying the owner’s interest have partnered in the successful implementation to the City of Dubuque, Iowa for the herein of the America’s River project for the benefit of described real estate. Dubuque and the entire state of Iowa. Section 3. That the City Clerk be and she is Whereas, the City has entered into a lease hereby authorized and directed to cause said with the Dubuque County Historical Society for Quit Claim Deed to be recorded in the office of the development of the former Adams Company the Dubuque County Recorder, together with site as a new museum. certified copy of the Resolution. Whereas, the City believes that continued Section 4. That the City Clerk be and she is improvements and expansion at the Museum hereby directed to forward a copy of this Resolu-and Aquarium will have tangible educational and tion to the Dubuque County Assessor and the economic benefits for Dubuque and the state of Dubuque County Auditor. Iowa. Passed, approved and adopted this 18th day NOW THEREFORE, BE IT RESOLVED BY of September, 2006. THE CITY COUNCIL OF THE CITY OF DUBU- Roy D. Buol, Mayor QUE, IOWA: Attest: Jeanne Schneider, CMC, City Clerk The City Council formerly endorses the appli- Cline moved adoption of the Resolution. cation of the Dubuque County Historical Society Seconded by Lynch. Motion carried 7-0. to Vision Iowa for $5 million to develop the RiverMax Theater and Great Rivers Center. th Key City Properties, LLC – Preliminary Plat: Passed, approved and adopted this 18 day Zoning Advisory Commission recommending of September, 2006. approval of the preliminary plat of property Roy D. Buol, Mayor located on North Cascade Road in Dubuque Attest: Jeanne F. Schneider, CMC, City Clerk County, Iowa as requested by Mike Stecher/Key Cline moved adoption of the Resolution. City Properties, LLC, presented and read. Cline Seconded by Lynch. Motion carried 7-0. moved that the communication be received and filed and approved recommendation. Seconded First Supply, LLC: City Attorney recommend- by Lynch. Motion carried 7-0. ing approval of a Construction Work and Te- nants Affidavit and Recording Gap Indemnity for Human Rights Commission: Communication First Supply, LLC and authorize the Mayor to from Dave Loney resigning his position on the sign the documents, presented and read. Cline Human Rights Commission effective September moved that the communication be received and 11, 2006, presented and read. Cline moved that filed and approved recommendation. Seconded the communication be received and filed. by Lynch. Motion carried 7-0. Seconded by Lynch. Motion carried 7-0. Contracts: Contracts the City Manager has Distinguished Budget Presentation Award: City signed: Port of Dubuque Design Review Ap- Manager advising that the City has been notified proval Letter; Contract Amendment – Shot by the Government Finance Officers Association Tower Archeological Investigation, presented of the United States and Canada that we are the and read. Cline moved that the communications recipient of the Distinguished Budget Presenta-be received and filed. Seconded by Lynch. tion Award, presented and read. Connors moved Motion carried 7-0. that the communication and award be received and filed and thanked Budget Director Dawn Improvement Contracts / Performance, Pay- ment and Maintenance Bonds: Flora Pool Regular Session, September 18, 2006 353 Painting Project; Floodwall Pumping Facility and the same have been examined and ap- Improvement Projects, presented and read. proved; and Cline moved that the communications be re- Whereas, the premises to be occupied by such ceived and filed. Seconded by Lynch. Motion applicants were inspected and found to comply carried 7-0. with the State Laws and all City Ordinances relevant thereto and they have filed proper Business Licenses: bonds. NOW, THEREFORE, BE IT RESOLVED BY RESOLUTION NO. 440-06 THE CITY COUNCIL OF THE CITY OF DUBU- NOW, THEREFORE, BE IT RESOLVED BY QUE, IOWA: THE CITY COUNCIL OF THE CITY OF DUBU- That the Manager be authorized to cause to be QUE, IOWA: issued the following named applicants a Liquor That the following having complied with the License. provisions of law relating to the sale of Ciga-CLASS “B” LIQUOR LICENSE rettes within the City of Dubuque, Iowa, be Dubuque Casino Hotel LLC, Hilton Garden granted a permit to sell Cigarettes and Cigarette Inn / Papers within said City. Houlihans+(Sunday/Outdoor Sale), 1795 Grey- NEW hound Rd. Ron’s Discount Smokes/Beverage RKM LLC CLASS “C” BEER/LIQUOR LICENSE 3300 Asbury Rd Famolo of Iowa, Inc, Los Aztecas Mexican Passed, approved and adopted this 18th day Rest., + (Sunday Sale), 2700 Dodge St. of September, 2006. Carlos O’Kelly’s, Carlos O’Kelly’s, +(Sunday Roy D. Buol, Mayor Sale), 1355 Associates Dr. Attest: Jeanne F. Schneider, CMC, City Clerk James Kohl, The Grand Tap, +(Sunday Cline moved adoption of the Resolution. Sales), 802 Central Ave. Seconded by Lynch. Motion carried 7-0. Bulldog Billiards Sports Bar, Bulldog Billiards Sports Bar, +(Sunday Sales), 1850 Central Ave. RESOLUTION NO. 441-06 P.M.S.T., Inc., Happy’s Place, +(Sunday Whereas, applications for Beer Permits have Sale), 2323 Rockdale Rd. been submitted and filed to this Council for DDA Enterprises, A & B Tap, +(Sunday approval and the same have been examined Sale), 2600 Central Ave. and approved: and Ibrico, Inc., Fat Tuesday’s, +(Sunday Sale), Whereas, the premises to be occupied by 1121 University Ave. such applicants were inspected and found to DBQ Historical Society, Nat’l Mississippi comply with the Ordinances of the City and have River Museum, +(Sunday/Outdoor), 350 Bell St. filed proper bonds. CLASS “B” WINE NOW, THEREFORE, BE IT RESOLVED BY Downtown Eagle, Inc., Eagle Country Mar- THE CITY COUNCIL OF THE CITY OF DUBU-ket, 1800 Elm St. QUE, IOWA: Passed, approved and adopted this 18th day That the Manager be authorized to cause to be of September, 2006. issued the following named applicants a Beer Roy D. Buol, Mayor Permit. Attest: Jeanne F. Schneider, CMC, City Clerk CLASS “B” BEER (5 – DAY SPECIAL EVENT) Cline moved adoption of the Resolution. Dubuque Jaycees, Dubuque Jaycees, Bluff St – Seconded by Lynch. Motion carried 7-0. 3rd to 5th ITEMS TO BE SET FOR PUBLIC HEARING CLASS “C” BEER PERMIT RKM LLC, Ron’s Discount Smokes / Beve- rage+ Fiscal Year 2007 Budget Amendment: City (Sunday Sale), 3300 Asbury Rd. Manager recommending that a public hearing be Downtown Eagle, Inc., Eagle Country Mar-set for October 2, 2006 to consider approval of ket, + the first amendment to the Fiscal Year 2007 (Sunday Sale), 1800 Elm St. budget, presented and read. Cline moved that Passed, approved and adopted this 18th day the communication be received and filed. of September, 2006. Seconded by Lynch. Motion carried 7-0. Roy D. Buol, Mayor RESOLUTION NO. 443-06 Attest: Jeanne F. Schneider, CMC, City Clerk SETTING THE DATE FOR THE PUBLIC Cline moved adoption of the Resolution. HEARING ON AMENDMENT NO. 1 TO THE Seconded by Lynch. Motion carried 7-0. FISCAL YEAR 2007 BUDGET FOR THE CITY RESOLUTION NO. 442-06 OF DUBUQUE Whereas, applications for Liquor Licenses Whereas, Iowa Code Section 384.16 provides have been submitted to this Council for approval that the City Council shall set a time and place for a public hearing on amendments to the 354 Regular Session, September 18, 2006 budget and publish notice before the hearing as QUE, IOWA, that on the 16th day of October, provided in Iowa Code Section 362.3. 2006, a public hearing will be held at 6:30 p.m. NOW THEREFORE, BE IT RESOLVED BY in the Public Library Auditorium, at which time THE CITY COUNCIL OF THE CITY OF DUBU-interested persons may appear and be heard for QUE, IOWA: or against the proposed plans and specifica- Section 1. That the City Council shall conduct tions, form of contract and cost of said improve- a public hearing on proposed Amendment No. 1 ment, and the City Clerk be and is hereby to the Fiscal Year 2007 budget for the City of directed to cause a notice of time and place of Dubuque at the Carnegie Stout Public Library such hearing to be published in a newspaper Auditorium, 360 West 11th Street, Dubuque, having general circulation in the City of Dubu- Iowa, on Monday, October 2, 2006, beginning at que, Iowa, which notice shall be not less than 6:30 p.m. four days nor more than twenty days prior to the Section 2. That the City Clerk be and is hereby day fixed for its consideration. At the hearing, authorized and directed to publish notice of the any interested person may appear and file public hearing, according to law, together with objections to the proposed plans, specifications, the required budget information. contract, or estimated cost of the improvement. Passed, approved and adopted this 18th day Passed, approved and adopted this 18th day of September 2006. of September, 2006. Roy D. Buol, Mayor Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Cline moved adoption of the Resolution. Seconded by Lynch. Motion carried 7-0. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 446-06 Eagle Point Park Concrete Work Project: City ORDERING BIDS Manager recommending initiation of the public bidding process for the Eagle Point Park Con- BE IT RESOLVED BY THE COUNCIL OF crete Work Project and that a public hearing be THE CITY OF DUBUQUE, IOWA: set for October 16, 2006, presented and read. That the Eagle Point Park Concrete Replace- Cline moved that the communication be re-ment Project is hereby ordered to be advertised ceived and filed. Seconded by Lynch. Motion for bids for construction. carried 7-0. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in RESOLUTION NO. 444-06 an amount which shall conform to the provisions PRELIMINARY APPROVAL OF PLANS AND of the notice to bidders hereby approved as a SPECIFICATIONS part of the plans and specifications heretofore BE IT RESOLVED BY THE CITY COUNCIL adopted. OF THE CITY OF DUBUQUE, IOWA: That the City Clerk is hereby directed to That the proposed plans, specifications, form advertise for bids for the construction of the of contract and estimated cost for the Eagle improvements herein provided, to be published Point Park Concrete Replacement Project, in the in a newspaper having general circulation in the estimated amount of $73,160, are hereby City of Dubuque, Iowa, which notice shall not be approved and ordered filed in the office of the less than four days nor more than forty-five days City Clerk, for public inspection. prior to the receipt of said bids at 2:00 p.m. on Passed, approved and adopted this 18th day the 5th day of October, 2006. Bids shall be of September, 2006. opened and read by the City Clerk at said time Roy D. Buol, Mayor and will be submitted to the Council for final Attest: Jeanne F. Schneider, City Clerk action at 6:30 p.m. on the 16th day of October, Cline moved adoption of the Resolution. 2006. Seconded by Lynch. Motion carried 7-0. Passed, approved and adopted this 18th day of September, 2006. RESOLUTION NO. 445-06 Roy D. Buol, Mayor FIXING DATE OF HEARING ON PLANS AND Attest: Jeanne F. Schneider, City Clerk SPECIFICATIONS Cline moved adoption of the Resolution. WHEREAS, the City Council of the City of Seconded by Lynch. Motion carried 7-0. Dubuque, Iowa has given its preliminary ap- BOARDS/COMMISSIONS proval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection Applicants are invited to address the Council of the Eagle Point Park Concrete Replacement regarding their desire to serve on the following Project. Boards/Commissions: NOW, THEREFORE, BE IT RESOLVED, BY Historic Preservation Commission (One THE CITY COUNCIL OF THE CITY OF DUBU-unexpired three-year term through 7/1/08 – Old Regular Session, September 18, 2006 355 Main District and one unexpired three-year term Road from County B-1 Business District to City through 7/1/08 – Langworthy District) C-3 General Commercial District concurrent with Application: Robert McCoy – Old Main District annexation, presented and read. No one spoke. OFFICIAL PUBLICATION ORDINANCE NO. 61-06 Appointments to the following Boards / Com- AMENDING APPENDIX A (THE ZONING missions: ORDINANCE) OF THE CITY OF DUBUQUE Airport Commission (One four-year term CODE OF ORDINANCES BY RECLASSIFY- through 9/14/10 – Term of Accinelli) Applicants: ING HEREINAFTER DESCRIBED PROPERTY Steven R. Accinelli, Eric R. Savage Vote on LOCATED AT 2690 ROCKDALE ROAD FROM the appointment was as follows: Braig voted for DUBUQUE COUNTY B-1 BUSINESS TO CITY Savage; Buol voted for Accinelli; Cline voted OF DUBUQUE C-3 GENERAL COMMERCIAL for Accinelli; Connors voted for Accinelli; Jones DISTRICT CONCURRENT WITH ANNEXA- voted for Accinelli; Lynch voted for Accinelli; TION. Michalski voted for Savage. Therefore, Steven R. Accinelli was reappointed to a four year term Whereas, Dubuque Bank & Trust, property on the Airport Commission which will expire owner, has requested rezoning concurrent with 9/14/10. annexation to the City of Dubuque in accor- Environmental Stewardship Advisory Commis-dance with Section 2-3 of Appendix A (Zoning sion (One vacant three-year term through Ordinance) of the City of Dubuque Code of 10/1/09) Applicant: Gayle Casel Michalski Ordinances; and moved that Gayle Casel be appointed to a three Whereas, this request has been found to be year term which will expire 10/1/09. Seconded consistent with the Comprehensive Plan and the by Lynch. Motion carried 7-0. Future Land Use Map of the Comprehensive Historic Preservation Commission (One Plan. unexpired three-year term through 7/1/08 – Old NOW, THEREFORE, BE IT ORDAINED BY Main District and one unexpired three-year term THE CITY COUNCIL OF THE CITY OF DUBU- through 7/1/08 – Langworthy District) Appli-QUE, IOWA: cant: Keisha Wainwright – Langworthy District. Section 1. That Appendix A (the Zoning Michalski moved that Keisha Wainwright fill the Ordinance) of the City of Dubuque Code of Langworthy District vacancy and Robert McCoy Ordinances is hereby amended by reclassifying fill the Old Main District vacancy for terms that the hereinafter-described property from Dubu- will expire 7/1/08 on the Historic Preservation que County B-1 Business to City of Dubuque C- Commission. Seconded by Braig. Motion 3 General Commercial District; to wit: carried 7-0. Lot 2 of 1 of 1 of 1 of 3 of Annie Waller Subdivi- sion No. 2, and to the centerline of the adjoining PUBLIC HEARINGS public right-of-way, all in the City of Dubuque, Iowa. Michalski moved to suspend the rules to allow Section 2. The foregoing amendment has anyone present to address the Council. heretofore been reviewed by the Zoning Advi- Seconded by Cline. Motion carried 7-0. sory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect 2690 Rockdale Road – Request for Voluntary immediately upon publication, as provided by Annexation / Rezoning: Proof of publication on law, and at such time that the herein described notice of hearing to consider a request from property is legally annexed into the City of Dubuque Bank and Trust Company to rezone Dubuque, Iowa. th property located at 2690 Rockdale Road from Passed, approved and adopted this 18 day of County B-1 Business District to City C-3 General September2006. Commercial District in conjunction with annexa-/s/ Roy D. Buol, Mayor tion to the City of Dubuque and Zoning Advisory Attest: /s/ Jeanne F. Schneider, CMC, City Clerk Commission recommending approval and City Published officially in the Telegraph Herald Manager recommending approval of the volunta-newspaper this 22nd day of September, 2006. ry annexation request of Dubuque Bank and /s/ Jeanne F. Schneider, City Clerk Trust for property located at 2690 Rockdale 1t 9/22 Road, in conjunction with rezoning, presented Connors moved that the requirement that a and read. Connors moved that the proof of proposed Ordinance be considered and voted publication and communication be received and on for passage at two Council Meetings prior to filed. Seconded by Jones. Motion carried 7-0. the meeting at which it is to be finally passed be suspended. Seconded by Jones. Motion carried An Ordinance Amending Appendix A (the 7-0. Connors moved final consideration and Zoning Ordinance) of the City of Dubuque Code passage of the Ordinance. Seconded by Braig. of Ordinances by reclassifying hereinafter Motion carried 7-0. described property located at 2690 Rockdale 356 Regular Session, September 18, 2006 RESOLUTION NO. 447-06 APPROVING APPLICATION FOR VOLUNTA- 1098 Jackson Street – Request to Rezone: RY ANNEXATION OF TERRITORY TO THE Proof of publication on notice of hearing to CITY OF DUBUQUE, IOWA consider a request from Mary and Stuart Ma- Whereas, Dubuque Bank & Trust, the property busth to rezone property located at 1098 Jack- owner, has submitted a written application for son Street from HI Heavy Industrial District to C- voluntary annexation of approximately 0.52 acre 4 Downtown Commercial District and Zoning of land to the City of Dubuque, Iowa; and Advisory Commission recommending approval, Whereas, the annexation territory is not presented and read. Cline moved that the proof subject to an existing annexation moratorium and communication be received and filed. agreement; and Seconded by Braig. Motion carried 7-0. Whereas, the annexation territory does not include any State or railroad property; and An Ordinance Amending Appendix A (the Whereas, Iowa Code section 368.7 authorizes Zoning Ordinance) of the City of Dubuque Code the extension of City limits in situations of this of Ordinances by reclassifying hereinafter character by adoption of a resolution after described property located at 1098 Jackson notification and public hearing; and Street from HI Heavy Industrial District to C-4 Whereas, this annexation is consistent with the Downtown Commercial District, presented and Comprehensive Plan of the City of Dubuque; read. and OFFICIAL PUBLICATION Whereas, the City of Dubuque has the capaci- ORDINANCE NO. 62-06 ty to provide substantial municipal services to AMENDING APPENDIX A (THE ZONING the annexation territory; and ORDINANCE) OF THE CITY OF DUBUQUE Whereas, the annexation is in the public CODE OF ORDINANCES BY RECLASSIFY- interest. ING HEREINAFTER DESCRIBED PROPERTY NOW THEREFORE, BE IT RESOLVED BY LOCATED AT 1098 JACKSON STREET FROM THE CITY COUNCIL OF THE CITY OF DUBU- HI HEAVY INDUSTRIAL DISTRICT TO C-4 QUE, IOWA: DOWNTOWN COMMERCIAL DISTRICT Section 1. That the application of Dubuque Bank & Trust, the property owner, for voluntary NOW, THEREFORE, BE IT ORDAINED BY annexation of approximately 0.52 acre of land of THE CITY COUNCIL OF THE CITY OF DUBU- territory lying outside of the corporate limits of QUE, IOWA: the City of Dubuque, Iowa, as shown on Exhibit Section 1. That Appendix A (The Zoning A and legally described as Lot 2-1-1-1-3 of Ordinance) of the City of Dubuque Code of Annie Waller Subdivision # 2 is hereby approved Ordinances is hereby amended by reclassifying for annexation to the City of Dubuque, Iowa. the hereinafter-described property from HI Section 2. That, subject to the approval of the Heavy Industrial District to C-4 Downtown Secretary of State, the corporate limits of the Commercial District, to wit: City of Dubuque, Iowa, be and they hereby are City Lot 389, N.30.83’ of City Lot 390, City Lot extended to include the approximately 0.52 acre 428, City Lot 429 and the north portion of City of annexation territory as shown on Exhibit A. Lot 427, and to the centerline of the adjoining Section 3. That the City Council of Dubuque, public right-of-way, all in the City of Dubuque, Iowa, does hereby certify that the City of Dubu-Iowa. que has complied with the notice and hearing Section 2. The foregoing amendment has requirements of the Iowa Code pertaining to heretofore been reviewed by the Zoning Advi- voluntary annexation of territory outside an sory Commission of the City of Dubuque, Iowa. urbanized area of another city. Section 3. This ordinance shall take effect Section 4. That if Secretary of State approves immediately upon publication, as provided by this annexation, the territory hereby annexed law. th shall become a part of Precinct One of Ward Passed, approved and adopted this 18 day of One of the City of Dubuque, Iowa. September 2006. Section 5. That the City Clerk shall file this Roy D. Buol, Mayor: resolution, all exhibits and the applications for Attest: Jeanne F. Schneider, City Clerk voluntary annexation with the State of Iowa in Published officially in the Telegraph Herald accordance with the provisions of Chapter 368 newspaper this 22nd day of September, 2006. of the Iowa Code. Jeanne F. Schneider, City Clerk Passed, approved and adopted this 18th day 1t 9/22 of September, 2006. Cline moved that the requirement that a Roy D. Buol, Mayor proposed Ordinance be considered and voted Attest: Jeanne F. Schneider, City Clerk on for passage at two Council Meetings prior to Connors moved adoption of the Resolution. the meeting at which it is to be finally passed be Seconded by Braig. Motion carried 7-0. suspended. Seconded by Braig. Motion carried Regular Session, September 18, 2006 357 7-0. Lynch moved final consideration and 1t 9/22 passage of the Ordinance. Seconded by Braig. Connors moved that the requirement that a Motion carried 7-0. proposed Ordinance be considered and voted on for passage at two Council Meetings prior to 1331 Rockdale Road – Request to Rezone: the meeting at which it is to be finally passed be Proof of publication on notice of hearing to suspended. Seconded by Jones. Motion carried consider a request from Chad Leitch / Garry and 7-0. Connors moved final consideration and Jeanne Heiar to rezone property located at 1331 passage of the Ordinance. Seconded by Braig. Rockdale Road from R-1 Single-Family Resi-Motion carried 7-0. dential District to R-2 Two-Family Residential District and Zoning Advisory Commission Pyatigorsk Park Parking Lot Project: Proof of recommending approval, presented and read. publication of notice of hearing to consider Connors moved that the proof of publication and adoption of the plans and specifications for the communication be received and filed. Seconded Pyatigorsk Park Parking Lot Project and City by Jones. Motion carried 7-0. Manager recommending award of the contract to River City Paving in the amount of $40,700, Garry Heiar, 1443 Rockdale Road, spoke in presented and read. Cline moved that the proof support of the rezoning request. and communication be received and filed. Seconded by Connors. Motion carried 7-0. An Ordinance Amending Appendix A (the RESOLUTION NO. 448-06 Zoning Ordinance) of the City of Dubuque Code ADOPTING PLANS AND SPECIFICATIONS of Ordinances by reclassifying hereinafter described property located at 1331 Rockdale WHEREAS, on the 21st day of August, 2006, Road from R-1 Single-Family Residential District plans, specifications, form of contract and to R-2 Two-Family Residential District, pre-estimated cost were filed with the City Clerk of sented and read. Dubuque, Iowa for the Pyatigorsk Park Parking Lot Project; and OFFICIAL PUBLICATION WHEREAS, notice of hearing on plans, ORDINANCE NO. 63-06 specifications, form of contract, and estimated AMENDING APPENDIX A (THE ZONING cost was published as required by law. ORDINANCE) OF THE CITY OF DUBUQUE NOW THEREFORE, BE IT RESOLVED BY CODE OF ORDINANCES BY RECLASSIFY- THE CITY COUNCIL OF THE CITY OF DUBU- ING HEREINAFTER DESCRIBED PROPERTY QUE, IOWA: LOCATED AT 1331 ROCKDALE ROAD FROM That the said plans, specifications, form of R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT contract and estimated cost are hereby ap- TO R-2 TWO-FAMILY RESIDENTIAL DIS- proved as the plans, specifications, form of TRICT contract and estimated cost for said improve- NOW, THEREFORE, BE IT ORDAINED BY ments for said project. THE CITY COUNCIL OF THE CITY OF DUBU- Passed, approved and adopted this 18th day QUE, IOWA: of September, 2006. Section 1. That Appendix A (The Zoning Roy D. Buol, Mayor Ordinance) of the City of Dubuque Code of Attest: Jeanne F. Schneider, City Clerk Ordinances is hereby amended by reclassifying Cline moved adoption of the Resolution. the hereinafter-described property from R-1 Seconded by Connors. Motion carried 7-0. Two-Family Residential District to R-2 Two- RESOLUTION NO. 449-06 Family Residential District, to wit: AWARDING CONTRACT Lot 1 of 2 of 7 and Lot 2 of 2 of 7 Shipton’s Resubdivision, and to the centerline of the WHEREAS, sealed proposals have been adjoining public right-of-way, all in the City of submitted by contractors for the Pyatigorsk Park Dubuque, Iowa. Parking Lot Project pursuant to Resolution No. Section 2. The foregoing amendment has 386-06, and notice to bidders published in a heretofore been reviewed by the Zoning Advi-newspaper published in the City of Dubuque, sory Commission of the City of Dubuque, Iowa. Iowa, on the 21st day of August, 2006; and Section 3. This ordinance shall take effect WHEREAS, said sealed proposals were immediately upon publication, as provided by opened and read on the 7th day of September, law. 2006, and it has been determined that the bid of Passed, approved and adopted this 18th day River City Paving in the amount of $40,700 was of September 2006. the lowest bid for the furnishings of all labor and /s/ Roy D. Buol, Mayor: materials and performing the work as provided Attest: /s/ Jeanne F. Schneider, CMC, City Clerk for in the plans and specifications. Published officially in the Telegraph Herald NOW THEREFORE, BE IT RESOLVED BY newspaper this 22nd day of September, 2006. THE CITY COUNCIL OF THE CITY OF DUBU- /s/ Jeanne F. Schneider, CMC, City Clerk QUE, IOWA: 358 Regular Session, September 18, 2006 That the contract for the above improvement Whereas, notice of hearing on plans, specifica- be awarded to River City Paving, and the tions, form of contract, and estimated cost was Manager be and is hereby directed to execute a published as required by law. contract on behalf of the City of Dubuque for the NOW THEREFORE, BE IT RESOLVED BY complete performance of the work. THE CITY COUNCIL OF THE CITY OF DUBU- BE IT FURTHER RESOLVED: QUE, IOWA: That upon the signing of said contract and the That the said plans, specifications, form of approval of the contractor's bond, the City contract and estimated cost are hereby ap- Treasurer is authorized and instructed to return proved as the plans, specifications, form of the bid deposits of the unsuccessful bidders. contract and estimated cost for said improve- Passed, approved and adopted this 18th day ments for said project. of September, 2006. Passed, adopted and approved this 18th day Roy D. Buol, Mayor of September, 2006. Attest: Jeanne F. Schneider, City Clerk Roy D. Buol, Mayor Cline moved adoption of the Resolution. Attest: Jeanne F. Schneider, CMC, City Clerk Seconded by Connors. Motion carried 7-0. Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 450-06 APPROVING CONSTRUCTION CONTRACT RESOLUTION NO. 452-06 WITH RIVER CITY PAVING FOR THE PYATI-AWARDING CONSTRUCTION CONTRACT GORSK PARK PARKING LOT PROJECT FOR THE ASBURY ROAD EASTBOUND LANE WIDENING PROJECT Whereas, the City Council by Resolution No. 449-06 awarded the construction contract for the WHEREAS, sealed proposals have been Pyatigorsk Park Parking Lot Project to River City submitted by contractors for the Asbury Road Paving; and Eastbound Lane Widening Project pursuant to Whereas River City Paving has submitted the Resolution No. 385-06 and notice to bidders attached executed contract and bond. published in a newspaper published in the City NOW THEREFORE, BE IT RESOLVED BY of Dubuque, Iowa on the 25th day of August, THE CITY COUNCIL OF THE CITY OF DUBU-2006. QUE, IOWA: Whereas, said sealed proposals were opened 1. The contract and bond attached hereto and read on the 12th day of September, 2006, are hereby approved. and it has been determined that the bid of 2. The City Manager is hereby authorized Horsfield Construction, Inc. of Epworth, Iowa, in and directed to execute the contract on behalf of the amount of $243,054.80 was the lowest bid the City of Dubuque. for the furnishings of all labor and materials and Passed, approved and adopted this 18th day performing the work as provided for in the plans of September, 2006. and specifications. Roy D. Buol, Mayor NOW THEREFORE, BE IT RESOLVED BY Attest: Jeanne F. Schneider, CMC, City Clerk THE CITY COUNCIL OF THE CITY OF DUBU- Cline moved adoption of the Resolution. QUE, IOWA: Seconded by Connors. Motion carried 7-0. That the contract for the above improvement be awarded to Horsfield Construction, Inc. and Asbury Road Eastbound Lane Widening the Manager be and is hereby directed to Project: Proof of publication of notice of hearing execute a contract on behalf of the City of to consider adoption of the plans and specifica-Dubuque for the complete performance of the tions for the Asbury Road Eastbound Lane work. Widening Project and City Manager recom- BE IT FURTHER RESOLVED: mending award of the contract to Horsfield That upon the signing of said contract and the Construction, Inc., in the amount of approval of the contractor’s bond, the City $243,054.80, presented and read. Cline moved Treasurer is authorized and instructed to return that the proof and communication be received the bid deposits of the unsuccessful bidders. and filed. Seconded by Connors. Motion carried Passed, approved and adopted this 18th day 7-0. of September, 2006. Roy D. Buol, Mayor RESOLUTION NO. 451-06 Attest: Jeanne F. Schneider, CMC, City Clerk ADOPTING PLANS AND SPECIFICATIONS Cline moved adoption of the Resolution. Whereas, on the 16th day of August, 2006, Seconded by Connors. Motion carried 7-0. plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Asbury Road Eastbound Lane Widening Project. Regular Session, September 18, 2006 359 RESOLUTION NO. 453-06 hereof, sets forth the terms and conditions of APPROVING CONSTRUCTION CONTRACT John Gronen, Michael Steele, and Steve Al- WITH HORSFIELD CONSTRUCTION, INC. thoff’s participation in the Downtown Rehabilita- FOR THE ASBURY ROAD EASTBOUND tion Loan Program. LANE WIDENING PROJECT NOW, THEREFORE, BE IT RESOLVED BY Whereas the City Council by Resolution No. THE CITY COUNCIL OF THE CITY OF DUBU- 452-06 awarded the construction contract for the QUE, IOWA: Asbury Road Eastbound Lane Widening Project Section 1. That the application of John Gro- to Horsfield Construction, Inc.; and nen, Michael Steele, and Steve Althoff for Whereas Horsfield Construction, Inc. has participation in the Downtown Rehabilitation submitted the attached executed contract and Loan and Grant Program is hereby accepted bond. and approved. NOW THEREFORE, BE IT RESOLVED BY Section 2. That the Mayor is hereby autho- THE CITY COUNCIL OF THE CITY OF DUBU-rized to execute, on behalf of the City Council of QUE, IOWA: the City of Dubuque, Iowa, the attached Com- 1. The contract and bond attached hereto are mitment Letter and to forward said letter to John hereby approved. Gronen, Michael Steele, and Steve Althoff for 2. The City Manager is hereby authorized and review and approval. directed to execute the Contract on behalf of the Section 3. That the City Manager be and he is City of Dubuque. hereby directed to prepare, upon execution and Passed, approved and adopted this 18th day receipt of the attached Commitment Letter by of September, 2006. the applicant, the necessary loan documents in Roy D. Buol, Mayor accordance with the terms and conditions set Attest: Jeanne F. Schneider, CMC, City Clerk forth in said Commitment Letter. Cline moved adoption of the Resolution. Section 4. That the City Manager is hereby Seconded by Connors. Motion carried 7-0. authorized to execute, on behalf of the City Council of the City of Dubuque, Iowa, all neces- Connors moved that the rules be reinstated sary loan documents and is further authorized to limiting discussion to the Council. Seconded by disburse loan funds from the Downtown Rehabil- Braig. Motion carried 7-0. itation Loan/Grant Program, in accordance with the terms and conditions of the executed ACTION ITEMS agreement. Passed, approved and adopted this 18th day German Bank Building: City Manager recom-of September, 2006. mending approval of a letter of commitment for a Roy D. Buol, Mayor Downtown Rehabilitation Loan of $300,000, a Attest: Jeanne F. Schneider, City Clerk $10,000 façade grant and a $10,000 design Cline moved adoption of the Resolution. grant for John Gronen, Michael Steele and Seconded by Jones. Motion carried 7-0. Steve Althoff to support their rehabilitation of the former German Bank Building at 342 Main Hartig Realty Development Agreement: City Street, presented and read. Cline moved that Manager recommending approval of a Devel- the communication be received and filed. opment Agreement for Hartig Realty to support Seconded by Jones. Motion carried 7-0. the rehabilitation of the former Hartig Drug Store at 703 Main Street, presented and read. Cline RESOLUTION NO. 454-06 moved that the communication be received and AUTHORIZING A LETTER OF COMMITMENT filed. Seconded by Lynch. Motion carried 7-0. AND ADDITIONAL ACTIONS CONCERNING A DOWNTOWN REHABILITATION LOAN AND RESOLUTION NO. 455-06 GRANTS TO THE GERMAN BANK PROJECTAPPROVING A DEVELOPMENT AGREEMENT FOR THE FORMER HARTIG DRUG STORE Whereas, the City of Dubuque, Iowa, has PROJECT. created a Downtown Rehabilitation Loan/Grant Program for the purpose of stimulating rein- Whereas, the City of Dubuque, Iowa, has vestment in the Greater Downtown Urban created a Downtown Rehabilitation Loan/Grant Renewal District; and Program for the purpose of stimulating rein- Whereas, the City of Dubuque, Iowa is en-vestment in the Greater Downtown Urban couraging the use of this loan/grant program to Renewal District; and finance code compliance activities and to spur Whereas, the City of Dubuque, Iowa is en- job creation activities; and couraging the use of this loan/grant program to Whereas, the loan application from John finance code compliance activities and to spur Gronen, Michael Steele, and Steve Althoff job creation activities; and meets the requirements of this program; and Whereas, the loan application from Hartig Whereas, a Commitment Letter, hereto at-Realty III, LLC meets the requirements of this tached and by this reference made a part program; and 360 Regular Session, September 18, 2006 RESOLUTION NO. 456-06 Whereas, it is the determination of this Council AUTHORIZING AN APPLICATION TO THE that approval of the Development Agreement for IOWA DEPARTMENT OF CULTURAL AF- the rehabilitation of the Property by Hartig Realty FAIRS FOR AN IOWA GREAT PLACES III, LLC according to the terms and conditions GRANT set out in the Development Agreement is in the public interest of the City of Dubuque. Whereas, the Iowa Department of Cultural NOW, THEREFORE, BE IT RESOLVED BY Affairs has announced that the Iowa Great THE CITY COUNCIL OF THE CITY OF DUBU-Places Grant Program has funds available for QUE, IOWA: the designation of up to six Great Places in the Section 1. That the Development Agreement State of Iowa; and with Hartig Realty III, LLC is hereby accepted Whereas, the mission of Iowa Great Places is and approved. to make good places great by bringing together Section 2. That the Mayor is hereby autho-the resources of State Government to build rized to execute, on behalf of the City Council of capacity in communities, regions, neighbor- the City of Dubuque, Iowa, the attached Devel-hoods or districts that cultivate the unique and opment Agreement with Hartig Realty III, LLC. authentic qualities that make places special; and Section 3. That the City Manager is hereby Whereas, Iowa Great Places are ones that authorized to execute, on behalf of the City have engaging experiences; rich and diverse Council of the City of Dubuque, Iowa, all neces-populations and cultures; a vital creative econ- sary loan documents and is further authorized to omy; an accessible natural and built environ- disburse loan funds from the Downtown Rehabil-ment; well-designed infrastructure and a shared itation Loan/Grant Program, in accordance with attitude of optimism that welcomes new ideas the terms and conditions of the executed based upon a diverse and inclusive cultural agreement. mosaic. Passed, approved and adopted this 18th day Whereas, the City of Dubuque has determined of September, 2006. that the Envision 2010 projects are a community Roy D. Buol, Mayor shared vision that will make the City of Dubuque Attest: Jeanne F. Schneider, City Clerk a Great Place. Cline moved adoption of the Resolution. NOW THEREFORE, BE IT RESOLVED BY Seconded by Lynch. Motion carried 7-0. THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Dubuque County Friends of Extension: Com- Section 1. That the submission of an applica- munication from Richard and Esther Farnum, tion to the Iowa Department of Cultural Affairs Co-Chairs of Dubuque County Friends of Exten-for the designation of Dubuque as an Iowa Great sion, requesting a resolution of support from the Place is hereby approved. City Council for passage of Public Measure D on Section 2. That the City Manager is hereby the November 7th ballot, presented and read. authorized to sign and submit the application for Jones moved that the communication be re-Iowa Great Places Grant Program for this ceived and filed and directed that a resolution of project. th support be drafted. Seconded by Connors. Passed, approved and adopted this 18 day of Motion carried 7-0. September, 2006. Esther Farnum spoke clarifying the request. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Environmental Stewardship Advisory Commis-Connors moved adoption of the Resolution. sion: Communication from Michael Buelow, Seconded by Jones. Motion carried 7-0. Chair of the Environmental Stewardship Advi- COUNCIL MEMBERS’ REPORTS sory Commission, recommending that two additional youth representatives be added to the membership of the Commission, presented and Michalski shared that the Washington Street read. Michalski moved that the communication Neighborhood block party was a great event. be received and filed and approved request to Buol stated that over 900 students would be add two additional Youth members. Seconded involved in the “Science in the Schools” program by Braig. Motion carried 7-0. on Tuesday, September, 19, 2006 in partnership with the US Conference of Mayors. Iowa Great Places Application: City Manager recommending approval of a Resolution of There being no further business, Connors Support for the Iowa Great Places Application, moved to adjourn. Seconded by Braig. Motion presented and read. Connors moved that the carried 7-0. The meeting adjourned at 7:30 P.M. communication be received and filed. Seconded by Jones. Motion carried 7-0. /s/ Jeanne F. Schneider, CMC City Clerk Regular Session, October 2, 2006 361 DUBUQUE injury; Karia Riedl (Progressive Insurance – Ashley Wilkeson) for personal injury, presented CITY COUNCIL and read. Cline moved that the claims and suits OFFICIAL be received and filed and referred to the City PROCEEDINGS Attorney for investigation/report. Seconded by Jones. Motion carried 7-0. City Council Meeting, Regular Session, City Attorney advising that the following claims October 2, 2006 have been referred to Public Entity Risk Servic- es of Iowa, the agent for the Iowa Communities Council met in Regular Session at 6:30 P.M. in Assurance Pool: Karen Brokus for personal the Public Library Auditorium injury, Lisa Fuller for property damage, Linda and Zachary D. Lanham for property damage; Present: Mayor Buol, Council Members Braig, Patricia A. Ralston for personal injury, and Karia Cline, Connors, Jones, Lynch, Michalski, City Riedl (Progressive Insurance – Ashley Wilke- Manager Van Milligen, City Attorney Lindahl son) for personal injury, presented and read. Cline moved that the communications be re- Mayor Buol read the call and stated this is a ceived and filed and concurred. Seconded by regular session called for the purpose of dis- Jones. Motion carried 7-0. cussing such matters which may properly come before the Council. Civil Service Commission: Civil Service Commission submitting the certified list for the Invocation was given by Reverend Jerry E. positions of Account Clerk I, Firefighter, and Oakland, Pastor of St. Luke's United Methodist Transit Dispatcher/Scheduler, presented and Church read. Proclamations: Arts and Humanities Month September 1, 2006 (October, 2006) received by Sue Riedel and Honorable Mayor and John Woodin; Make a Will Month (October, Members of the City Council 2006) received by Nancy Van Milligen, Dave In accordance with Chapter 400 of the 2005 Schmidt and Ric Jones; Week without Violence Code of Iowa, an examination for the position of (October 15 – 21, 2006) received by Toby Account Clerk I was given on August 10, 2006. Wisecup and Sister Charla Bulko; Trick or Treat We hereby certify that the individuals listed Night (October 31, 2006); and Energy Star below have passed this written examination and “Change a Light” Day received by Mark Henning the vacancy for this position should be made from this list and that this list is good for two (2) CONSENT ITEMS years from above date. ACCOUNT CLERK I Minutes and Reports Submitted: Cable TV Cindy Hook Diane Boardmann Regulatory Commission of 7/12; Cable TV Deanne Johnson James Lindell Teleprogramming Commission of 8/8; City Christian Casavant Stephenie Morales Council of 9/18; Civil Service Commission of Kathryn Fangman Elizabeth Koontz 8/16 and 9/1; Enterprise Zone Commission of Dolores Weber Gregory Williams 9/18; Environmental Stewardship Advisory Cathy Jo Miller Sherry O’Toole Commission of 9/5; Historic Preservation Com- Carol Stecher Pamela Daack mission of 9/21; Housing Commission of 8/22; Susan Davis Daniel Murphy Human Rights Commission of 8/14; Transit Marian Backes Jessica Hanson Board of Trustees of 9/14; Zoning Board of Barbara Nyheim Joanne Williams Adjustment of 8/24, presented and read. Cline Debra Heming Alan Kutsch moved that the minutes be received and filed. Thomas Lutz Beverly Mueller Seconded by Jones. Motion carried 7-0. Lynda Murphy Cindy Schroeder Audrey Hicks Annett Jones Proofs of publication of City Council Proceed- Christine Selchert Dawn Lucas ings of 8/21, 8/29, 8/30, and 9/5, presented and Cheryl Mandersheid Cindy Behnke read. Cline moved that the proofs be received Shelli Meyer Brittany Pickel and filed. Seconded by Jones. Motion carried 7- Amy Decker Brandi Cunningham 0. Mary Duncan Rebecca Loney Aaron Ploessl Kerry Bradley Notice of Claims/Suits: Karen Brokus for Lindsey Hancock Jennifer Pillard personal injury; Lisa Fuller for property damage; Marsha Rauch Lisa Schilling Linda L. and Zachary D. Lanham for property Respectfully submitted, damage; Ferd A. Nesler vs. City of Dubuque for Merle Duehr, Chairperson vehicle damage; Patricia A. Ralston for personal Loras Kluesner 362 Regular Session, October 2, 2006 Richard Wertzberger Tim McClain Jean Dalsing Civil Service Commission Sheila Miller Mark Tranel Cline moved that the communication be Michael Clancy Donna Atkinson received and filed and made a matter of record. Respectfully submitted Seconded by Jones. Motion carried 7-0. Merle Duehr, Chairperson Loras Kluesner September 22, 2006 Richard Wertzberger Honorable Mayor and Civil Service Commission Members of the City Council Cline moved that the communication be In accordance with Chapter 400 of the 2005 received and filed and made a matter of record. Code of Iowa, an examination for the position of Seconded by Jones. Motion carried 7-0. Firefighter was given on August 17, 2006. We hereby certify that the individuals listed below Five Flags Arena Fall Protection Project: City have passed the written examination and agility Manager recommending acceptance of the Five test and the appointments for this position Flags Arena Fall Protection Project as com- should be made from this list and that this list is pleted by Hy-Safe Technology in the final good for one (1) year from above date. contract amount of $85,573, presented and FIREFIGHTER read. Cline moved that the communication be Adam Williams Dale Krueger received and filed. Seconded by Jones. Motion Charles Settle Jami Mundell carried 7-0. Jason Breitbach Lucas King RESOLUTION NO. 457-06 Mark Weitz Joshua Carter ACCEPTING IMPROVEMENT Terry Drees Robert Guerdet Anthony Krumbholz Ann McClain WHEREAS, the contract for the Five Flags Nicholas Kuehneman Todd Sieverding Arena Fall Protection Project has been com- Noel Spencer-Motylo Matt Weldin pleted and the City Manager has examined the Harvey Johnson Adam Kahler work and filed his certificate stating that the Kyle Burke Brandon Fedderse same has been completed according to the Timothy Griebel Adam Schultz terms of the contract, plans and specifications Nicholas Esch Ryan Smrecek and recommends its acceptance. Todd Mahoney Nathan Rowe NOW, THEREFORE, BE IT RESOLVED, BY Randy Schueller Robert Reed THE CITY COUNCIL OF THE CITY OF DUBU- Greg Schuster Michael Kuhn QUE, IOWA: Susanna Duggan Marvin Ney 1. That the recommendation of the City Man- Travis Torres Kathleen Link ager be approved and that said improvement be Respectfully submitted, and the same is hereby accepted. Merle J. Duehr, Chairperson BE IT FURTHER RESOLVED that the City Loras Kluesner Treasurer be and he is hereby directed to pay to Richard Wertzberger the contractor from the General Fund in amount Civil Service Commissioners equal to the amount of his contract, less any Cline moved that the communication be re-retained percentage provided for therein. nd ceived and filed and made a matter of record. Passed, approved and adopted this 2 day of Seconded by Jones. Motion carried 7-0. October, 2006. Roy D. Buol, Mayor September 22, 2006 Attest: Jeanne F. Schneider, City Clerk Honorable Mayor and Members of the City Cline moved adoption of the Resolution. Council Seconded by Jones. Motion carried 7-0. In accordance with Chapter 400 of the 2006 RESOLUTION NO. 458-06 Code of Iowa, an examination for the position of FINAL ESTIMATE Transit Dispatcher/Scheduler was given on September 7, 2006. We hereby certify that the WHEREAS, the contract for the Five Flags individuals listed below have passed this written Arena Fall Protection Project has been com- examination and the vacancy for this position pleted and the Engineer has submitted his final should be made from this list and that this list is estimate showing the cost thereof including the good for two (2) years from above date. cost of estimates, notices and inspection and all TRANSIT DISPATCHER/SCHEDULER miscellaneous costs; Julie Miller Janelle Kirkpatrick NOW, THEREFORE, BE IT RESOLVED, BY Christopher J. Lester John Stierman THE CITY COUNCIL OF THE CITY OF DUBU- Larry A. Troester III Marilyn A. Gaber QUE, IOWA: Cheryl Manderscheid Alexis Wood Section 1. That the cost of said improvement is Mary Duncan Anne Hefel hereby determined to be $85,573, and the said Jeanne Kiefer Richard VonFumetti, Sr. Regular Session, October 2, 2006 363 amount shall be paid from the General Fund of Jeanne F. Schneider, City Clerk the City of Dubuque, Iowa. Cline moved adoption of the Resolution. Passed, approved and adopted this 2nd day of Seconded by Jones. Motion carried 7-0. October, 2006. Roy D. Buol, Mayor Purchase of Property at 2307 Prince Street: Attest: Jeanne F. Schneider, City Clerk City Manager recommending approval of the Cline moved adoption of the Resolution. purchase of a residential dwelling located at Seconded by Jones. Motion carried 7-0. 2307 Prince Street as part of the acquisition program associated with the Bee Branch Creek Purchase of Property at 2104 Kniest Street: Restoration Project, presented and read. Cline City Manager recommending approval of the moved that the communication be received and purchase of a residential dwelling located at filed. Seconded by Jones. Motion carried 7-0. 2104 Kniest Street as part of the acquisition RESOLUTION NO. 460-06 program associated with the Bee Branch Creek APPROVING THE ACQUISITION OF REAL Restoration Project, presented and read. Cline ESTATE LOCATED AT 2307 PRINCE moved that the communication be received and STREET, IN THE CITY OF DUBUQUE filed. Seconded by Jones. Motion carried 7-0. WHEREAS, the City of Dubuque intends to RESOLUTION NO. 459-06 acquire certain properties located in the area of APPROVING THE ACQUISITION OF REAL the Bee Branch Creek Restoration Project for ESTATE LOCATED AT 2104 KNIEST stormwater mitigation activities as recommend- STREET, IN THE CITY OF DUBUQUE ed in the 2001 HDR “Drainage Basin Master WHEREAS, the City of Dubuque intends to Plan;” and acquire certain properties located in the area of WHEREAS, a purchase agreement has been the Bee Branch Creek Restoration Project for finalized with the owner of the sixth property stormwater mitigation activities as recommend-scheduled for acquisition. ed in the 2001 HDR “Drainage Basin Master NOW, THEREFORE, BE IT RESOLVED BY Plan;” and THE CITY COUNCIL OF THE CITY OF DUBU- WHEREAS, a purchase agreement has been QUE, IOWA: finalized with the owner of the eighth property Section 1. That the City of Dubuque hereby scheduled for acquisition. approves the acquisition of the following legally NOW, THEREFORE, BE IT RESOLVED BY described property: THE CITY COUNCIL OF THE CITY OF DUBU-The Northerly one-half of Lot 57 in Sanford QUE, IOWA: Subdivision, in the City of Dubuque, Iowa Section 1. That the City of Dubuque hereby according to the recorded Plat thereof in Dubu- approves the acquisition of the following legally que County, Iowa described property: At the cost of Forty-one thousand dollars ($41 The Northwesterly 10 feet of the Southwesterly 000). 97 feet of Lot 4, and the Southeasterly 15 feet of Section 2. That the City of Dubuque be and is the Southwesterly 97 feet of Lot 3 in Frisch’s hereby authorized to accept a Quit Claim deed Subdivision of Lot 3 in Kniest’s Subdivision of from the owner, conveying the owner’s interest Mineral Lot 314, in the City of Dubuque, Iowa to the City of Dubuque, Iowa for the herein according to the recorded Plat thereof in Dubu-described real estate. que County, Iowa Section 3. That the City Clerk be and she is At the cost of Sixty-four thousand dollars ($64 hereby authorized and directed to cause said 000). Quit Claim Deed to be recorded in the office of Section 2. That the City of Dubuque be and is the Dubuque County Recorder, together with hereby authorized to accept a Quit Claim deed certified copy of the Resolution. from the owner, conveying the owner’s interest Section 4. That the City Clerk be and she is to the City of Dubuque, Iowa for the herein hereby directed to forward a copy of this Resolu- described real estate. tion to the Dubuque County Assessor and the Section 3. That the City Clerk be and she is Dubuque County Auditor. nd hereby authorized and directed to cause said Passed, approved and adopted this 2 day of Quit Claim Deed to be recorded in the office of October, 2006. the Dubuque County Recorder, together with Roy D. Buol, Mayor certified copy of the Resolution. Attest: Jeanne F. Schneider, City Clerk Section 4. That the City Clerk be and she is Cline moved adoption of the Resolution. hereby directed to forward a copy of this Resolu-Seconded by Jones. Motion carried 7-0. tion to the Dubuque County Assessor and the Dubuque County Auditor. Purchase of Property at 2305 Prince Street: nd Passed, approved and adopted this 2day of City Manager recommending approval of the October, 2006. purchase of a residential dwelling located at Roy D. Buol, Mayor 2305 Prince Street as part of the acquisition 364 Regular Session, October 2, 2006 program associated with the Bee Branch Creek accessibility goal, presented and read. Cline Restoration Project, presented and read. Cline moved that the communication be received and moved that the communication be received and filed. Seconded by Jones. Motion carried 7-0. filed. Seconded by Jones. Motion carried 7-0. Health Choices Administrative Services Fee: RESOLUTION NO. 461-06 City Manager recommending approval of the APPROVING THE ACQUISITION OF REAL administrative services fee presented by Health ESTATE LOCATED AT 2305 PRINCE Choices for the City’s health insurance plan STREET, IN THE CITY OF DUBUQUE effective July 1, 2006 through June 30, 2008, WHEREAS, the City of Dubuque intends to presented and read. Cline moved that the acquire certain properties located in the area of communication be received and filed and the Bee Branch Creek Restoration Project for recommendation approved. Seconded by Jones. stormwater mitigation activities as recommend-Motion carried 7-0. ed in the 2001 HDR “Drainage Basin Master Plan;” and Airport Commission: Communication from Eric WHEREAS, a purchase agreement has been R. Savage thanking the City Council for the finalized with the owner of the seventh property opportunity to apply for the Dubuque Airport scheduled for acquisition. Commission, presented and read. Cline moved NOW, THEREFORE, BE IT RESOLVED BY that the communication be received and filed. THE CITY COUNCIL OF THE CITY OF DUBU-Seconded by Jones. Motion carried 7-0. QUE, IOWA: Section 1. That the City of Dubuque hereby Flexsteel Drainage Improvement Agreement: approves the acquisition of the following legally City Manager recommending approval of a described property: modification to the terms for the operation and The Southeasterly one-half of Lot 57 in Sanford maintenance agreement for the Flexsteel flood Subdivision, in the City of Dubuque, Iowa contract system established in 1992 between according to the recorded Plat thereof in Dubu-Flexsteel Industries, Dubuque County, and the que County, Iowa City of Dubuque, presented and read. Cline At the cost of Thirty-nine thousand dollars ($39 moved that the communication be received and 000). filed. Seconded by Jones. Motion carried 7-0. Section 2. That the City of Dubuque be and is RESOLUTION NO. 462-06 hereby authorized to accept a Quit Claim deed APPROVING THE SECOND AMENDMENT TO from the owner, conveying the owner’s interest THE FLEXSTEEL DRAINAGE IMPROVEMENT to the City of Dubuque, Iowa for the herein AGREEMENT described real estate. Section 3. That the City Clerk be and she is Whereas, on September 10, 1993, the City of hereby authorized and directed to cause said Dubuque, Iowa (City), the County of Dubuque, Quit Claim Deed to be recorded in the office of Iowa (County), and Flexsteel Industries Incorpo- the Dubuque County Recorder, together with rated (Flexsteel) entered into the Flexsteel certified copy of the Resolution. Drainage Improvement Agreement providing for Section 4. That the City Clerk be and she is a drainage improvement on Flexsteel property; hereby directed to forward a copy of this Resolu-and tion to the Dubuque County Assessor and the Whereas, City, County and Flexsteel now Dubuque County Auditor. desire to further amend the Agreement as set nd Passed, approved and adopted this 2 day of forth in the Second Amendment attached hereto. October, 2006. NOW THEREFORE, BE IT RESOLVED BY Roy D. Buol, Mayor THE CITY COUNCIL OF THE CITY OF DUBU- Attest: Jeanne Schneider, CMC, City Clerk QUE, IOWA: Cline moved adoption of the Resolution. Section 1. That the Second Amendment to the Seconded by Jones. Motion carried 7-0. Flexsteel Drainage Improvement Agreement, attached hereto, is hereby approved, and the Main Street Challenge Grant – Step by Step: Mayor is hereby authorized and directed to sign City Manager recommending approval of a letter the Second Amendment on behalf of the City of of support for Dubuque Main Street, Ltd. funding Dubuque. of Step by Step, presented and read. Cline Passed, adopted and approved this 2nd day of moved that the communication be received and October, 2006. filed and approved letter of support. Seconded Roy D. Buol, Mayor by Jones. Motion carried 7-0. Attest: Jeanne F. Schneider, CMC, City Clerk Human Rights Commission: Communication Cline moved adoption of the Resolution. from James L. Jarrard, Chair of the Human Seconded by Jones. Motion carried 7-0. Rights Commission, thanking the City Council for supporting the Human Rights Commission Regular Session, October 2, 2006 365 Acceptance of Warranty Deed: City Manager County, Iowa, as shown on the Plat of Survey recommending approval of the acceptance of a thereof; and warranty deed from Dubuque Bank and Trust for Whereas, Ralf A. and Leta M. Schreyer have construction of an additional eastbound lane on executed a conveyance of said property. Asbury Road west of the Northwest Arterial, NOW THEREFORE, BE IT RESOLVED BY presented and read. Cline moved that the THE CITY COUNCIL OF THE CITY OF DUBU- communication be received and filed. Seconded QUE, IOWA: by Jones. Motion carried 7-0. Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts, RESOLUTION NO. 463-06 and consents to the Warranty Deed from Ralf A. ACCEPTING A CONVEYANCE OF PROPER- and Leta M. Schreyer, copies of which are TY (LOT A OF LOT 1 OF HOLLIDAY ADDI- attached hereto, as required by Iowa Code TION IN THE CITY OF DUBUQUE, DUBUQUE Section 569.7. COUNTY, IOWA) Section 2. The Mayor is hereby authorized Whereas, the City of Dubuque entered into an and directed to execute and acknowledge on Acquisition Agreement with Dubuque Bank & behalf of the City of Dubuque any instruments in Trust Company pursuant to which Dubuque connection herewith. Bank & Trust Company agreed to convey a part Passed, adopted and approved this 2nd day of Lot A of Lot 1 of Holliday Addition in the City of October, 2006. of Dubuque, Dubuque County, Iowa, as shown Roy D. Buol, Mayor on the Acquisition Plat thereof; and Attest: Jeanne F. Schneider, CMC, City Clerk Whereas, Dubuque Bank & Trust Company Cline moved adoption of the Resolution. has executed a conveyance of said property. Seconded by Jones. Motion carried 7-0. NOW THEREFORE, BE IT RESOLVED BY RESOLUTION NO. 465-06 THE CITY COUNCIL OF THE CITY OF DUBU- ACCEPTING A CONVEYANCE OF PROPER- QUE, IOWA: TY (LOT A OF LOT B OF SULLIVAN’S Section 1. The City Council of the City of SECOND ADDITION IN THE CITY OF DUBU- Dubuque, Iowa, hereby approves of, accepts, QUE, DUBUQUE COUNTY, IOWA) and consents to the Warranty Deed from Dubu- que Bank & Trust Company, copies of which are Whereas, the City of Dubuque entered into an attached hereto, as required by Iowa Code Acquisition Agreement with James A. and Anita Section 569.7. M. Sullivan pursuant to which James A. and Section 2. The Mayor is hereby authorized Anita M. Sullivan agreed to convey Lot A of Lot and directed to execute and acknowledge on B of Sullivan’s Second Addition in the City of behalf of the City of Dubuque any instruments in Dubuque, Dubuque County, Iowa, as shown on connection herewith. the Acquisition Plat thereof; and Passed, adopted and approved this 2nd day Whereas, James A. and Anita M. Sullivan of October, 2006. have executed a conveyance of said property. Roy D. Buol, Mayor NOW THEREFORE, BE IT RESOLVED BY Attest: Jeanne F. Schneider, CMC, City Clerk THE CITY COUNCIL OF THE CITY OF DUBU- Cline moved adoption of the Resolution. QUE, IOWA: Seconded by Jones. Motion carried 7-0. Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts, West 32nd Street Detention Pond – Accep-and consents to the Warranty Deed from James tance of Warranty Deeds: City Manager recom-A. and Anita M. Sullivan, copies of which are mending approval of the acceptance of two attached hereto, as required by Iowa Code warranty deeds for purchases necessary for the Section 569.7. improvements to the West 32nd Street Deten- Section 2. The Mayor is hereby authorized tion Pond, presented and read. Cline moved and directed to execute and acknowledge on that the communication be received and filed. behalf of the City of Dubuque any instruments in Seconded by Jones. Motion carried 7-0. connection herewith. Passed, adopted and approved this 2nd day RESOLUTION NO. 464-06 of October, 2006. ACCEPTING A CONVEYANCE OF PROPER- Roy D. Buol, Mayor TY (LOT 2 OF GILLESPIE’S THIRD ADDITION Attest: Jeanne F. Schneider, CMC, City Clerk IN THE CITY OF DUBUQUE, DUBUQUE Cline moved adoption of the Resolution. COUNTY, IOWA) Seconded by Jones. Motion carried 7-0. Whereas, the City of Dubuque entered into an Acquisition Agreement with Ralf A. and Leta M. University Avenue Reconstruction Project: City Schreyer pursuant to which Ralf A. and Leta M. Manager recommending approval of the final Schreyer agreed to convey Lot 2 of Gillespie’s schedule of assessments for the University Third Addition in the City of Dubuque, Dubuque Avenue Reconstruction project, presented and read. Cline moved that the communication be 366 Regular Session, October 2, 2006 th received and filed. Seconded by Jones. Motion er, City Hall, 50 W. 13 Street, Dubuque, Iowa, carried 7-0. at any time within 30 days after the date of the first publication of this notice of the filing of the RESOLUTION NO. 466-06 final schedule of assessments with the County ADOPTING THE FINAL ASSESSMENT Treasurer. After 30 days, unpaid assessments of SCHEDULE FOR THE UNIVERSITY AVENUE $100.00 or more are payable in 10 annual RECONSTRUCTION PROJECT FROM DELHI installments at the County Treasurer’s Office, TO ALTA VISTA AND THE UNIVERSITY Dubuque County Courthouse, 720 Central, AVENUE PATCHING PROJECT FROM ALTA Dubuque, Iowa, and will draw annual interest at VISTA TO SPRUCE STREET INCLUDING nine (9) percent (commencing on the date of CERTAIN INFORMATION REQUIRED BY THE acceptance of the work) computed to the De- CODE OF IOWA, SPECIFICALLY, THE NUM- cember 1 next following the due dates of the BER OF ANNUAL INSTALLMENTS INTO respective installments as provided in Section WHICH ASSESSMENTS ARE DIVIDED, THE 384.65 of the Code of Iowa. Each installment will INTEREST ON ALL UNPAID INSTALLMENTS, be delinquent from October 1 following its due THE TIME WHEN THE ASSESSMENTS ARE date on July 1 of each year. Property owners PAYABLE AND DIRECTING THE CLERK TO may elect to pay any annual installments se- CERTIFY THE FINAL SCHEDULE AND TO miannually in advance. PUBLISH NOTICE THEREOF Passed, approved and adopted this 2nd day of NOW THEREFORE, BE IT RESOLVED BY October, 2006. THE CITY COUNCIL OF THE CITY OF DUBU-Roy D. Buol, Mayor QUE, IOWA: Attest: Jeanne F. Schneider, CMC, City Clerk That after full consideration of the accompany- ing final schedule of assessments to be made UNIVERSITY AVENUE RECONSTRUCTION for the construction of the University Avenue PROJECT (DELHI TO ALTA VISTA STREET) Reconstruction Project from Delhi to Alta Vista UNIVERSITY AVENUE PATCHING PROJECT and the University Avenue Patching Project from (ALTA VISTA TO SPRUCE STREET) Alta Vista to Spruce Street under contract with FINAL SCHEDULE OF VALUATION AND Horsfield Construction Co. of Epworth, Iowa, for ASSESSMENTS which the final schedule of assessments were DATE: SEPTEMBER 26, 2006 filed in the office of the City Clerk on the 2nd day The following schedule is hereby determined to of October, 2006, the said schedule of assess-show each lot proposed to be assessed for the ments be and the same is hereby approved and improvement show in the title together with the adopted. amount proposed to be assessed against each That there be, and is hereby assessed and lot and the valuations shown opposite each lot levied as a special tax against and upon each of are hereby fixed as the true valuations of such the lots, the respective sums indicated. Pro-lots by the City Council of the City of Dubuque. vided, further, that the amounts shown in said PROPERTY OWNER final schedule of assessments as deficiencies LOT DESCRIPTION PARCEL NUMBER ? are found to be proper and levied conditionally PAVING ASSESSMENT WATER SERVICE ? against the respective properties benefited by SEWER LATERAL the improvements as shown in the schedule, TOTAL NET ASSESSMENT subject to the provisions of Section 384.63 of the DBQ Prop. Mgmt., Lot 1-1-46 Oxford Hgts Code of Iowa. Said assessments against said 10-25-106-004, $398.80, $809.45, $1,208.25 lots are hereby declared to be in proportion to Sitzmann, Dave & T, Lot 1-47 Oxford Hgts, the special benefits conferred and not in excess 10-25-106-003, $1138.49, $1038.53, $809.45, of twenty-five percent of the value of same. $2,986.37 That the City Clerk be and is hereby directed Neumeister, Tom, E.64’ N.100’ Lot 1 Martins to certify said schedule to the County Treasurer 10-25-108-002, $1,319.87, $809.45, $2,129.32 of Dubuque County, Iowa, and to publish notice Maro, Gerald & J., W 50’ N 100’ N 150’ Lot 1 of said certification once each week for two Martins 10-25-106-001 $1,021.78 $809.45, consecutive weeks in the manner provided in $1,831.23 Section 362.3, the first publication of which shall Specht, Joe & D., S 50’ N 150’ Lot 1 Martins, be not more than fifteen days from the date of 10-25-106-005, $316.83, $316.83 filing of the final schedule. On or before the date Davis, Bryce & C., S 50’ Lot 1 Martins, 10- of the second publication of the notice, the City 25-106-006, $155.09, $155.09 Clerk shall also mail a copy of said notice to Staver, Chris T., Lot 2 Martins, 10-25-106- property owners whose property is subject to 007, $88.62, $88.62 assessment, as provided and directed in Section Torres, John & L, Lot 3 Martins, 10’ Lot 49 384.60 of the Code of Iowa. Oxford, 10-25-106-008, $ 71.91, $71.91 That assessments may be paid in full or in part Gross, James & J, Lot 1-1-2-1 Mineral Lot without interest at the office of the City Treasur-80, 10-25-105-006, $618.41, $618.41 Regular Session, October 2, 2006 367 Gross, James & J, Lot 2-1-2-1 Mineral Lot Matheos, James P & Debbie S, Lot 1 80, 10-25-105-005, $481.28, $905.56, 1,387.86 Marsh's Dubuque #2, 10-26-229-016, $1,909.84 Gross, James & J, Lot 1-2-2-1 Mineral Lot , $518.05, $2,427.89 80, 10-25-105-004, $1263.17, $1,263.17 Schreiber, John D & Rosemary F, Lot 2 Gross, James & J, Lot 2-2-2-1 Mineral Lot Marsh's Dubuque #2, 10-26-229-015, $1,909.84, 80, 10-25-105-003, $675.32, $906.58, $1,581.90 $326.63, $582.8, $, 2,819.28 Gross, James & J, Lot 1-1 Mineral Lot 80, Von Ah, LLC, Lot 3 Marsh's Dubuque #2, 10- 10-25-105-020, $638.08, $638.08 26-229-007, $302.12, $302.12 Bauerly, James & K, Lot 2-2- Mineral Lot 80, Hefel, Dale R. & LuAnn M, Lot 1 Schiltz 10-25-105-021, $412.09, $412.09 Sub., 10-26-229-014, $412.5, $412.5 Briggs, Shirley, Trust, Lot 1-1-2 Mineral Lot Saeugling, Julie M., S. 45' Lot 4 Marsh's Du- 80, 10-25-105-022, $134.14, $134.14 buque #2, 10-26-229-006, $131.52, $131.52 Klinge, Ken & T, Lot 2-1-2 Mineral Lot 80, Carlos & Evelyn Nieves, Lot 2 Schiltz Sub., 10-25-105-023, $49.75, $49.75 10-26-229-013, $192.55, $192.55 Cook, Ken & Barb, Lot 12 Bradstreet, Dbq., Slade, Peter J. & Georgia L., N. 5' Lot 4 & S. 10-25-105-024, $67.68, $67.68 40' Lot 5 Marsh's Dubuque #2, 10-26-229-005, Geisler, Joan & Briggs, Joan, Lot 2-4 Mineral $76.94, $76.94 Lot 80, 10-25-105-002, $1,944.22, $1,160.80 Delire, Stephen P. & Janet M., Lot 3 Schiltz $938.96, $,4043.98 Sub., 10-26-229-012, $111.18, $111.18 Geisler, Joan & Briggs, Joan, Lot 3-4 Mineral Eisbach, William A & Helen M, N. 10' Lot 5 & Lot 80, 10-25-105-001, $1,944.22, $1,160.80, Lot 6 Marsh's Dubuque #2, 10-26-229-004, $78, $906.58, $4,011.60 $78 Cigrand, Ralph & Mary Jean, Lot 1-4 Mineral Smith, Kenneth A, Lot 4 Schiltz Sub., 10-26- Lot 80, 10-25-105-007, $425.39 $ 425.39 229-011, $67.27, $67.27 Bleile, Randy & Carla K., N ½ of Lot 3 of Stock, James W. & Nancy S, Lot 54 SM Mineral Lot 80, 10-25-105-008, $212.69, Langworthy's Add., 10-26-232-007, $716.19, $212.69 $1,150.75, $971.34, $2,838.28 Nelson, Robert & Bernadine, S ½ of Lot 3 of Stock, James W. & Nancy S, Lot 55 & 1-56 Mineral Lot 80, 10-25-105-009, $110.38, SM Langworthy's Add., 10-26-232-006, $861.34, $110.38 $938.96, $1,800.30 Davis, John & Loretta S. Lot 2-13 Bradstreet Schute, Robert M & Shirley Ann, Lot A-2-56 & Lot 2A Mineral Lot 80, 10-25-105-010, $55.99, SM Langworthy's Add., 10-26-232-005, $655.46, $55.99 $971.34, $1,626.79 Cullen, Wm, & McClain, Theresa, Lot 1-13 Schute, Thomas J, Lot B-2-56 & Lot 57 SM Bradstreet Dbq., 10-25-105-011, $50.35, $50.35 Langworthy's Add., 10-26-232-004, $655, Genesis Two Holding, Inc., Lot 45 & 46 both $1,036.09, $1,691.09 in SM Langworthy's Add., 10-26-233-007, Rampson R. Dean, Jr. & Jeanette, Lot 1-58 $2,129.47, $2,129.47 SM Langworthy's Add., 10-26-232-003, Wheelock, Paul A & Wendy S, Lot 47 in SM $1,175.66, $971.34, $2,147.00 Langworthy's Add., 10-26-233-004, $408.27, Ohmert, Donald L & Ethel C, Lot 59, 1-60, 2- $1,186.60, $938.96, $2,533.83 58 SM Langworthy's Add., 10-26-232-002, Boelk, Robert D & Mable L, Lot 48 in SM $619.75, $971.34, $1,591.09 Langworthy's Add. 10-26-233-003, $774.25, Ropa, Douglas, Lot 4 Cleminson Sub. & Lot $938.96, $1,713.21 2-60 SM Langworthy's Add., 10-26-232-001, Steve, JoAnn M., Lots 49, 50 & 51 SM $431.83, $971.34, $1,403.17 Langworthy's Add., 10-26-233-002, $2,322.75, Coakley, Dianne L., Lot 1-2 Cleminson Sub., $2,322.75 10-26-231-008, $816.54, $1,183.59, $, 971.34, JG Properties Lots 52 & 53 in SM Langwor-$2,971.46 thy's Add., 10-26-233-001, $1,608.85, Steve, Joan M., Lot 6 Summitt Add., 10-26- $1,310.11, $938.96, $3,857.92 231-007, $816.54, $1,119.26, $1,068.47, Church of Nativity, c/o Father Mescher, $3,004.27 Church of Nativity & Lot 1-1-1-1-1-1 Slattery's Fitzgerald, Kyle Lot 5 Summitt Add., 10-26- Sub, 10-25-101-001, $8,674.54, $8,674.54 231-006, $816.54, $1,133.33, $971.34, Church of Nativity, c/o Father Mescher, Lot $2,921.21 2-1-1 and Lot 2-1 Slattery's Sub., 10-25-101-Diamandakis, Michael E & Constantina, Lot 002, $3,294.48, $469.01, $, 3,763.49 4 Summitt Add., 10-26-231-005, $816.54, Perfection Oil Company, Lot 2-2 Slattery's $1,072.03, $1,003.71, $2,892.28 Sub., 10-26-229-018, $3,437.71, $518.05, Freedom Properties LLC c/o Jeffery Sheets, $3,955.76 Lot 3 Summitt Add., 10-26-231-004, $816.54, Heitz Distributing Company, Lot 2-1-2 Slat-$1,224.05, $ 938.96, $2,979.54 tery's Sub., 0-26-229-017, $1,718.86, $518.05, Simpson, Christopher M & Carisa, Lot 1-2 $2,236.90 Summitt Add., 10-26-231-003, $814.52, $1,077.72, $1,068.47, $2,960.71 368 Regular Session, October 2, 2006 DAL Building Corp. E., 50' Lot 1 & Lot 2-2 Dubuque County/City of Dubuque, N. 14' of Summitt Add., 10-26-231-002, $346.45, $346.45 Lot 1 Riley's Sub., 10-26-227-010, $ 96.68, Hancock, Jane, Lot 16 Marsh's Dubuque #2, $96.68 10-26-228-020, $1,909.84, $1,909.84 Campbell, Dale & Karin, Lot 2-2 & Lot 1-3 & Fair, Patrick & Hirsch, Lot 17 Marsh's Dubu-Lot 1-4 Riley's Sub., 10-26-227-009, $107.56, que #2, 10-26-228-019, $1,909.84, $420.91, $107.56, $107.56 $2,330.75 Olds, Daniel & Phyllis E., Lot 3 Sub. 2 & 1-3 Hancock, Jane, Lot 15 Marsh's Dubuque #2, & 1-4 of Riley's Sub., 10-26-227-014, $82.18, 10-26-228-016, $302.12, $302.12 $82.18 Kuhle, Linda L, S. 1/2 Lot 14 Marsh's Dubu-Olds, Daniel & Phyllis E., Lot 1-5 & N 14' Lot que #2, 10-26-228-015, $83.39, $83.39 2-5 of Riley's Sub., 10-26-227-015, 12.14, Kuhle, James H & Linda L, N. 1/2 Lot 14 $36.40, $48.54, $12.14 Marsh's Dubuque #2, 10-26-228-014, $57.6, Suchanek, Collette, Sub. Of 2 & 1 of Riley's $57.6 Sub., Lot 1 Und. 1/2 Int., 10-26-227-007, $67.27, Plowman, Kenneth D & Tammy J, Lot 13 $67.27 Marsh's Dubuque #2, 10-26-228-013, $81.57, Suchanek, Collette, Sub. Of 2 & 1 of 3 & 1 $81.57 Riley's Sub., 10-26-227-008, $45.72, $45.72 Davis, Julie A, Lot 12 Marsh's Dubuque #2 , McGrath, Daniel J. & Connie A., Lot 3-31 Mt. 10-26-228-012, $64.45, $64.45 Pleasant Add. & Lot 1 Riley's Sub.10-26-227- Schuster, James W., Lot 13 Marsh's Dubu-006, $194.57, $194.57, que #2, 10-26-228-018, $1,587.96, $518.05, McClain, James & Diane, Lot 2-1-15 Kelly $2,106.00 Sub., 10-25-130-005, $760.47, $760.47 Pregler, Thomas L., Lot 1-11 Lawrence Du-Story, David & Mary, N. 100' Lot 14 Kelly's buque, 10-26-228-017, $955.51, $295.81, Sub., 10-25-130-027, $826.13, $826.13 $518.05, $1,769.37 City of Dubuque, Lots 38, 39 & 40 & E. 21' of Bandy, Dennis W. & Carol, Lot 1-10 Law-Lot 41 Farley's, 10-25-126-002, $5,300.00 rence Dubuque, 10-26-228-007, $193.36, Ransdell, Mark E., S. Bal. Of Lot 37 Farley's $193.36 Sub., 10-25-126-003, $703.52, $703.52 Duggan, Jennifer, Lot 1-9 Lawrence Dubu-Reising, John & Brenda, Lot 2-1-1-11 Kelly's que, 10-26-228-006, $98.89, $98.89 Sub. 10-25-129-020 Wagner, John & Agnes, Lot 1-7 & 1-8 Law-Marinko, Edward & Carol, Lot 2-8 Kelly's Sub., rence Dubuque, 10-26-228-005, $89.03, $10-25-129-012, $1,265.00, $1,265.00 89.03 Marinko, Edward & Carol, Lot 7 Kelly's Sub., 10- Herrig, Ned J. & Susan, Lot 1-6 Lawrence 25-129-011, $1,185.93, $1,185.93 Dubuque, 10-26-227-025, $830.84, $309.88, Lynch, Kelly Ann, W. 30' of Lot 6 of City Lot 738, $679.94, $1,820.66 10-25-104-018 Herrig, Scott M., Lot 5 Lawrence Dubuque, Henkel, Richard A. & Judith A., Lot 4 Kelly's 10-26-227-027, $850.17, $ 679.94, $1,530.11 Sub., 10-25-129-008, $1,202.68, $1,202.68 Davis, Mike and Laurel, Lot 4 Lawrence Du-Lynch, Kelly Ann, Lot 7 of City Lot 738, 10-25- buque, 10-26-227-026, $825.8, $304.19, 104-017, $246.23, $246.23 $679.94, $1,809.92 Silver, Corinne (Henkel), Lot 3 Kelly's Sub., 10- Westhoff, Carol, Lawrence Dubuque W. 2/3 25-129-007, $1,247.91, $1,247.91 Lot 3, E. 1/3 Lot 3 Sub. 6, 10-26-227-022, B & W Properties, W. 3' of Lot 8 & Lot 9 of City $371.41, $371.41 Lot 738, 10-25-104-016, $232.83, $232.83 Thill, Jon J. & Vickie L., Lot 2 Lawrence Du-Gukeisen, Michael & Kathy, Lot 2-1 Kelly's Sub. buque, 10-26-227-021, $150.26, $150.26 & Lot 2 Kelly's Sub., 10-25-129-006, Herzog, John B, Lot 1 Lawrence Dubuque, a $132,500.00, $1,265.00, $1,265.00 strip in front of Lot 1 to street (50 x 30) to a point Voetberg, Dirk & Pamela, Lot 10 of City Lot 738, at Lot 2, 10-26-227-020, $106.35, $106.35 10-25-104-015, $249.58, $249.58 Seaton, James T., Lot 1-31 Mt. Pleasant Ad-Moffat, Virginia, Lot 2-1 Collins Sub., Lot 1-1 dition, 10-26-227-019, $77.95, $, 77.95 Kelly's Sub. & Lot 2-7 Mobley's Sub., 10-25-129- Becker, Margaret, S. 134.30' Lot 2-5 Riley's 005, $1,232.83, $1,232.83 Sub., 10-26-227-023, $1,139.81, $304.19, Furrer, Gary J., W. 7.5' Lot 3-2-3 & Lot 4-2-3 & $582.8, $2,026.80 Lot 11 all in City Lot 738, 10-25-104-014, Mootz, Wayne & Michael, Lot 1 Riley's Sub. $279.73, $279.73 (Except N. 14'), 10-26-227-013, $1,922.10, S & S Investments, Lot 1 Cains Sub., 10-25- $519.26, $582.8, $3,024.17 104-009, $276.38, $276.38 Wand, Christopher, Und. 1/2 of Lot 2 Riley's Ebeling, Timothy & Swift, Susan M., Lot 1 Sub., 10-26-227-028, $235.45, $235.45, McKay Place, 10-25-103-005, $334.7, $334.7 $235.45 Jaeger, John & Daniel, Lot 2 Oxford Heights, 10- 25-109-008, $1,265.00, $1,265.00 Regular Session, October 2, 2006 369 Roeder, Corey & Penny, Lot 3 & E. 5' of Lot 4 WHEREAS, there has been evidence of Oxford Heights, 10-25-109-007, $1,194.98, widespread local support for the passage of $1,194.98 Public Measure D. McWalter, William & Donna, W. 45' Lot 4 Oxford NOW, THEREFORE, BE IT RESOLVED by Heights, 10-25-109-006, $1,194.98, $1,194.98 the City Council of the City of Dubuque, that we Munson, Carl E. & Lubben, Darda, Lot 5 Oxford support the passage of Public Measure D and Heights, 10-25-109-005, $1,211.73, $1,211.73 urge the citizens of Dubuque to support its Swift, Thomas & Carol J., Lot 6 & E. 1/5 of Lot 7 passage on November 7, 2006. Oxford Heights, 10-25-109-004, $1,245.23, Passed, approved and adopted the 2nd day of $1,245.23 October, 2006. Loras, Sisters of Visitation, 10-25-102-001 Roy D. Buol, Mayor TOTALS: Attest: Jeanne F. Schneider, CMC, City Clerk NET PAVING ASSESSMENT: Jones moved adoption of the Resolution. $67,964.10 Seconded by Michalski. Motion carried 7-0. DEFICIENCY ASSESSMENT: $36.40 Community Economic Betterment Account PUBLIC IMPROVEMENT ASSESSMENT: Application (CEBA): City Manager recommend- $68,000.50 ing approval to submit a Community Economic WATER SERVICE LATERAL ASSESSMENT: Betterment Account (CEBA) program application $33767.39 to the Iowa Department of Economic Develop- SANITARY SEWER LATER ASSESSMENT: ment on behalf of Cottingham and Butler, Inc., $29,366.75 presented and read. Cline moved that the TOTAL NET ASSESSMENT: communication be received and filed. Seconded $135,095.24 by Jones. Motion carried 7-0. TOTAL FINANCIAL ASSISTANCE: RESOLUTION NO. 468-06 $3,389.57 AUTHORIZING THE FILING OF A COMMUNI- TOTAL NET ASSESSMENT: TY ECONOMIC BETTERMENT ACCOUNT $127,708.67 (CEBA) APPLICATION ON BEHALF OF Cline moved adoption of the Resolution. COTTINGHAM & BUTLER, INC Seconded by Jones. Motion carried 7-0. . Whereas, Cottingham & Butler, Inc. has Resolution of Support – Dubuque County proposed the expansion of its operations in Friends of Extension: Dubuque, Iowa; and Whereas, the City Council of Dubuque, Iowa RESOLUTION NO. 467-06 has considered said proposal and has deter- RESOLUTION OF SUPPORT mined that the proposed project will contribute to WHEREAS, the City of Dubuque has been the local economy through the creation of 90 informed by the organization “Dubuque County new jobs for area residents; and Friends of Extension” that Public Measure D will Whereas, the Iowa Department of Economic be on the ballot for the November 7th election; Development's Community Economic Better- and ment Account (CEBA) was designed to assist in WHEREAS, The current tax funding for the the economic development efforts of local Dubuque County Extension District has been jurisdictions; and frozen for twenty years and Public Measure D Whereas, the City of Dubuque, Iowa is eligible will increase the tax funding for the Dubuque to apply for funding from the CEBA program. County Extension District; and NOW, THEREFORE, BE IT RESOLVED BY WHEREAS, the educational programs and THE CITY COUNCIL OF THE CITY OF DUBU- resources of the Dubuque County Extension QUE, IOWA: District are considered an asset to the youth and Section 1. That the filing of an application for adults of the city of Dubuque and Dubuque participation in the Community Economic Bet- county; and terment Account program on behalf of Cotting- WHEREAS, the youth and citizens of Dubuque ham & Butler, Inc. is hereby approved. will receive increased benefits from the Dubuque Section 2. That the local match of identified in County Extension District from the passage of the application as $600,000 of loans, a $20,000 Public Measure D; and grant and a 10 year TIF rebate for increased WHEREAS, the successful passage of Public building valuation estimated at one million to the Measure D will cost the citizens of the communi-company is hereby approved, subject to the ty approximately 95 cents for a home valued at CEBA application approval. $150,000; and Section 3. That the Mayor is hereby authorized WHEREAS, Public Measure D will allow the to execute and the City Manager is hereby Dubuque County Extension District to double its directed to submit said application to the Iowa tax funding with this very small increase to the Department of Economic Development together taxpayers; and with such documents as may be required. 370 Regular Session, October 2, 2006 Passed, approved, and adopted this 2nd day adopted by the City of Dubuque as its system for of October 2006. preparing for and responding to emergencies. It Roy D. Buol, Mayor is further ordered that all appropriate city officers Attest: Jeanne Schneider, City Clerk and employees shall be trained in the use of Cline moved adoption of the Resolution. NIMS. nd Seconded by Jones. Motion carried 7-0. Passed, approved and adopted this 2 day of October, 2006. Dubuque Screw Products, Inc.: City Manager Roy D. Buol, Mayor recommending approval of the Assignment of Attest: Jeanne F. Schneider, City Clerk Right to Purchase Property Under Development Cline moved adoption of the Resolution. Agreement from Dubuque Screw Products, Inc. Seconded by Jones. Motion carried 7-0. to Michael R. Scherr, President of Dubuque Screw Products, Inc., presented and read. Cline Rotary Club of Dubuque: Application of the moved that the communication be received and Rotary Club of Dubuque to transfer their liquor filed and recommendation approved. Seconded license from the Grand Opera House at 135 by Jones. Motion carried 7-0. West 8th Street to 1000 Jackson Street on October 14, 2006, presented and read. Cline Request to Purchase Property: Communica-moved that the communication be received and tion from Joseph J. Bitter, representing Roger filed and approved transfer. Seconded by Kunde and North End Wrecking, Inc., requesting Jones. Motion carried 7-0. to purchase a portion of City-owned property located adjacent to North End Wrecking, Business License Refund: Request of Marsha presented and read. Cline moved that the Saunders, The Water Hole, for a refund of her communication be received and filed and liquor license in the amount of $633.75, pre- referred to the City Manager. Seconded by sented and read. Cline moved that the commu- Jones. Motion carried 7-0. nication be received and filed and approved refund. Seconded by Jones. Motion carried 7-0. Communication from Jay and JoAnn Roussel requesting to purchase the City-owned alley on Improvement Contracts / Performance, Pay- Lois Street, presented and read. Cline moved ment and Maintenance Bonds: Cedar Street and that the communication be received and filed Dog Track Lift Station Improvements Project, and referred to the City Manager. Seconded by presented and read. Cline moved that the Jones. Motion carried 7-0. communication be received and filed. Seconded by Jones. Motion carried 7-0. National Incident Management System (NIMS): City Manager recommending approval Signed Contracts: Postage Machine Lease of the City’s compliancy with the National Agreement; Weather Monitoring, Forecasting Incident Management System (NIMS), pre-and Notification Service Contract; and 800 MHZ sented and read. Cline moved that the commu-Radio Agreement, presented and read. Cline nication be received and filed. Seconded by moved that the communication be received and Jones. Motion carried 7-0. filed. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 469-06 Business Licenses: ADOPTING A NATIONAL INCIDENT MAN- AGEMENT SYSTEM POLICY FOR THE CITY RESOLUTION NO. 470-06 OF DUBUQUE Whereas, applications for Beer Permits have WHEREAS, emergency response to critical been submitted and filed to this Council for incidents, whether natural or manmade, requires approval and the same have been examined integrated management, and and approved: and WHEREAS, unified command of such inci- Whereas, the premises to be occupied by dents is recognized as the management model such applicants were inspected and found to to maximize the public safety response, and comply with the Ordinances of the City and have WHEREAS, the National Incident Manage-filed proper bonds. ment System, herein referred to as NIMS, has NOW, THEREFORE, BE IT RESOLVED BY been identified by the federal government as THE CITY COUNCIL OF THE CITY OF DUBU- being the requisite emergency management QUE, IOWA: system for all political subdivisions. That the Manager be authorized to cause to be NOW, THEREFORE, BE IT RESOLVED BY issued the following named applicants a Beer THE CITY COUNCIL OF THE CITY OF DUBU-Permit. QUE, IOWA: CLASS “C” BEER PERMIT Section 1. The NIMS concept of emergency Aldi Inc., Aldi # 30+(Sunday Sale), planning and unified command is hereby 2160 Holiday Dr Regular Session, October 2, 2006 371 5-Point Mart Inc., 5-Point Mart+(Sunday Sale), Kerper Boulevard in Block 6 of River Front 405 Rhomberg AV Subdivision No. 3; and Molo Oil Co., Puff n Snuff+(Sunday Sale), Whereas, IIW Engineers & Surveyors, PC has 1101 Rhomberg Ave. prepared and submitted to the City Council a Passed, approved and adopted this 2nd day of plat showing the vacated portion of Kerper October, 2006. Boulevard in Block 6 of River Front Subdivision Roy D. Buol, Mayor No. 3; and Attest: Jeanne F. Schneider, CMC, City Clerk Whereas, the City Council of the City of Cline moved adoption of the Resolution. Dubuque, Iowa, has determined that this portion Seconded by Jones. Motion carried 7-0. of Kerper Boulevard in Block 6 of River Front Subdivision No. 3 is no longer required for public RESOLUTION NO. 471-06 use, except for the utility easements as noted on Whereas, applications for Liquor Licenses the plat thereof, and vacating and sale of said have been submitted to this Council for approval Lot 1A, Block 6, River Front Subdivision No. 3 in and the same have been examined and ap-the City of Dubuque, Dubuque County, Iowa, proved; and should be approved. Whereas, the premises to be occupied by such NOW THEREFORE, BE IT RESOLVED BY applicants were inspected and found to comply THE CITY COUNCIL OF THE CITY OF DUBU- with the State Laws and all City Ordinances QUE, IOWA: relevant thereto and they have filed proper Section 1. That the City of Dubuque intends to bonds. dispose of its interest and vacate a portion of NOW, THEREFORE, BE IT RESOLVED BY Kerper Boulevard in Block 6 of River Front THE CITY COUNCIL OF THE CITY OF DUBU-Subdivision No. 3 in the City of Dubuque, as QUE, IOWA: shown on the Plat of Survey thereof. That the Manager be authorized to cause to be Section 2. That the conveyance of Lot 1A, issued the following named applicants a Liquor Block 6, River Front Subdivision No. 3 in the City License. of Dubuque, Iowa, Dubuque County, Iowa, to CLASS “C” BEER/LIQUOR LICENSE Airgas North Central, Inc. be contingent upon Clarke College, Clarke College+(1 Day Outdoor the payment of $13,447.00, plus surveying, Sale), 1550 Clarke Dr platting, publication, and filing fees. SPECIAL CLASS “C” LIQUOR Section 3. That the City Clerk be and is hereby Carroll’s Wine Company, Grape Har-authorized and directed to cause a notice of bor+(Sunday Sale), 123 Main St intent to be published as prescribed under CLASS “B” WINE Section 364.7 Code of Iowa, 1999 or amended. Aldi Inc., Aldi# 30, 2160 Holiday Dr Passed, approved and adopted this 2nd day of Passed, approved and adopted this 2nd day of October, 2006. October, 2006. Roy D. Buol, Mayor Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution and Cline moved adoption of the Resolution. set this for public hearing on 10/16/06 at a Seconded by Jones. Motion carried 7-0. meeting to commence at 6:30 P.M. in the public library auditorium and direct the City Clerk to ITEMS TO BE SET FOR PUBLIC HEARING publish notice in the manner prescribed by law. Seconded by Braig. Motion carried 7-0. Vacating Petition – River Front Subdivision No. 3: City Manager recommending that a public Crescent Community Health Center Parking hearing be set for October 16, 2006 to consider Lot Construction Project: City Manager recom- a request from Airgas North Central, Inc. (Air-mending initiation of the public bidding process gas) to vacate a portion of Kerper Boulevard that for the Community Health Center Parking Lot abuts the existing Airgas facility at 2240 Kerper Construction Project and setting a public hearing Boulevard, presented and read. Cline moved for November 6, 2006, presented and read. that the communication be received and filed. Cline moved that the communication be re- Seconded by Braig. Motion carried 7-0. ceived and filed. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 472-06 RESOLUTION OF INTENT TO VACATE AND RESOLUTION NO. 473-06 DISPOSE OF CITY INTEREST IN LOT 1A, PRELIMINARY APPROVAL OF PLANS AND BLOCK 6, RIVER FRONT SUBDIVISION NO. 3 SPECIFICATIONS IN THE CITY OF DUBUQUE, DUBUQUE NOW THEREFORE, BE IT RESOLVED BY COUNTY, IOWA THE CITY COUNCIL OF THE CITY OF DUBU- Whereas, Airgas North Central, Inc. (Airgas) QUE, IOWA: has requested the vacating of a portion of That the proposed plans, specifications, form of contract and estimated cost for the Crescent 372 Regular Session, October 2, 2006 Community Health Center Parking Lot Project in That the City Clerk is hereby directed to the estimated amount of $103,227.16 are advertise for bids for the construction of the hereby approved and ordered filed in the office improvements herein provided, to be published of the City Clerk for public inspection. in a newspaper having general circulation in the Passed, approved and adopted this 2nd day of City of Dubuque, Iowa, which notice shall not be October, 2006. less than four days nor more than forty-five days Roy D. Buol, Mayor prior to the receipt of said bids at 2:00 p.m. 10th Attest: Jeanne F. Schneider, CMC, City Clerk day of October, 2006. Bids shall be opened and Cline moved adoption of the Resolution. read by the City Clerk at said time and will be Seconded by Braig. Motion carried 7-0. submitted to the Council for final action at 6:30 p.m. on the 16th day of October, 2006. RESOLUTION NO. 474-06 Passed, approved and adopted this 2nd day of FIXING DATE OF HEARING ON PLANS AND October, 2006. SPECIFICATIONS Roy D. Buol, Mayor Whereas, the City Council of the City of Attest: Jeanne F. Schneider, CMC, City Clerk Dubuque, Iowa has given its preliminary ap- Cline moved adoption of the Resolution. proval on the proposed plans, specifications, Seconded by Braig. Motion carried 7-0. and form of contract and placed same on file in the office of the City Clerk for public inspection Villa Street Retaining Wall – Ornamental of the Crescent Community Health Center Railing Project: City Manager recommending Parking Lot Project. initiation of the public bidding process for the NOW THEREFORE, BE IT RESOLVED BY Villa Street Retaining Wall – Ornamental Railing THE CITY COUNCIL OF THE CITY OF DUBU-Project and setting a public hearing for Novem- QUE, IOWA: ber 6, 2006, presented and read. Cline moved That a public hearing will be held on the 16th that the communication be received and filed. day of October, 2006, at 6:30 p.m. in the Public Seconded by Braig. Motion carried 7-0. Library Auditorium at which time interested RESOLUTION NO. 476-06 persons may appear and be heard for or against PRELIMINARY APPROVAL OF PLANS AND the proposed plans and specifications, form of SPECIFICATIONS contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a NOW THEREFORE, BE IT RESOLVED BY notice of time and place of such hearing to be THE CITY COUNCIL OF THE CITY OF DUBU- published in a newspaper having general QUE, IOWA: circulation in the City of Dubuque, Iowa, which That the proposed plans, specifications, form notice shall be not less than four days nor more of contract and estimated cost for the Villa Street than twenty days prior to the day fixed for its Retaining Wall - Ornamental Railing Project in consideration. At the hearing, any interested the estimated amount of $145,200.00 are person may appear and file objections to the hereby approved and ordered filed in the office proposed plans, specifications, contract, or of the City Clerk for public inspection. estimated cost of the improvement. Passed, adopted and approved this 2nd day of Passed, approved and adopted this 2nd day of October, 2006. October, 2006. Roy D. Buol, Mayor Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Cline moved adoption of the Resolution. Seconded by Braig. Motion carried 7-0. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 477-06 RESOLUTION NO. 475-06 FIXING DATE OF HEARING ON PLANS AND ORDERING BIDS SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY Whereas, the City Council of the City of THE COUNCIL OF THE CITY OF DUBUQUE, Dubuque, Iowa has given its preliminary ap- IOWA: proval on the proposed plans, specifications, That the Crescent Community Health Center and form of contract and placed same on file in Parking Lot Project is hereby ordered to be the office of the City Clerk for public inspection advertised for bids for construction. of the Villa Street Retaining Wall - Ornamental BE IT FURTHER RESOLVED, that the amount Railing Project. of the security to accompany each bid shall be in NOW THEREFORE, BE IT RESOLVED BY an amount which shall conform to the provisions THE CITY COUNCIL OF THE CITY OF DUBU- of the Notice to Bidders hereby approved as a QUE, IOWA: th part of the plans and specifications heretofore That a public hearing will be held on the 6 adopted. day of November, 2006, at 6:30 p.m. in the Public Library Auditorium at which time interest- Regular Session, October 2, 2006 373 RESOLUTION NO. 479-06 ed persons may appear and be heard for or PRELIMINARY APPROVAL OF PLANS AND against the proposed plans and specifications, SPECIFICATIONS form of contract and cost of said improvement, and the City Clerk be and is hereby directed to NOW THEREFORE, BE IT RESOLVED BY cause a notice of time and place of such hearing THE CITY COUNCIL OF THE CITY OF DUBU- to be published in a newspaper having general QUE, IOWA: circulation in the City of Dubuque, Iowa, which That the proposed plans, specifications, form notice shall be not less than four days nor more of contract and estimated cost for the Eagle than twenty days prior to the day fixed for its Point Bluff Scaling & Tree Removal Project in consideration. At the hearing, any interested the estimated amount of $61,000.00 are hereby person may appear and file objections to the approved and ordered filed in the office of the proposed plans, specifications, contract, or City Clerk for public inspection. estimated cost of the improvement. Passed, adopted and approved this 2nd day of Passed, adopted and approved this 2nd day of October, 2006. October, 2006. Roy D. Buol, Mayor Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Cline moved adoption of the Resolution. Seconded by Braig. Motion carried 7-0. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 480-06 RESOLUTION NO. 478-06 FIXING DATE OF HEARING ON PLANS AND ORDERING BIDSSPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY Whereas, the City Council of the City of THE COUNCIL OF THE CITY OF DUBUQUE, Dubuque, Iowa has given its preliminary ap- IOWA: proval on the proposed plans, specifications, That the Villa Street Retaining Wall - Orna-and form of contract and placed same on file in mental Railing Project is hereby ordered to be the office of the City Clerk for public inspection advertised for bids for construction. of the Eagle Point Bluff Scaling & Tree Removal BE IT FURTHER RESOLVED, that the amount Project. of the security to accompany each bid shall be in NOW THEREFORE, BE IT RESOLVED BY an amount which shall conform to the provisions THE CITY COUNCIL OF THE CITY OF DUBU- of the Notice to Bidders hereby approved as a QUE, IOWA: part of the plans and specifications heretofore That a public hearing will be held on the 6th adopted. day of November, 2006, at 6:30 p.m. in the That the City Clerk is hereby directed to Public Library Auditorium at which time interest- advertise for bids for the construction of the ed persons may appear and be heard for or improvements herein provided, to be published against the proposed plans and specifications, in a newspaper having general circulation in the form of contract and cost of said improvement, City of Dubuque, Iowa, which notice shall not be and the City Clerk be and is hereby directed to less than four days nor more than forty-five days cause a notice of time and place of such hearing prior to the receipt of said bids at 2:00 p.m. on to be published in a newspaper having general th the 26 day of October, 2006. Bids shall be circulation in the City of Dubuque, Iowa, which opened and read by the City Clerk at said time notice shall be not less than four days nor more and will be submitted to the Council for final than twenty days prior to the day fixed for its th action at 6:30 p.m. on the 6 day of November, consideration. At the hearing, any interested 2006. person may appear and file objections to the Passed, adopted and approved this 2nd day of proposed plans, specifications, contract, or October, 2006. estimated cost of the improvement. Roy D. Buol, Mayor Passed, adopted and approved this 2nd day of Attest: Jeanne F. Schneider, CMC, City Clerk October, 2006. Cline moved adoption of the Resolution. Roy D. Buol, Mayor Seconded by Braig. Motion carried 7-0. Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Eagle Point Bluff Scaling and Tree Removal Seconded by Braig. Motion carried 7-0. Project: City Manager recommending initiation of RESOLUTION NO. 481-06 the public bidding process for the Eagle Point ORDERING BIDS Bluff Scaling and Tree Removal Project and setting a public hearing for November 6, 2006, NOW THEREFORE, BE IT RESOLVED BY presented and read. Cline moved that the THE COUNCIL OF THE CITY OF DUBUQUE, communication be received and filed. Seconded IOWA: by Braig. Motion carried 7-0. That the Eagle Point Bluff Scaling & Tree Removal Project is hereby ordered to be adver- tised for bids for construction. 374 Regular Session, October 2, 2006 BE IT FURTHER RESOLVED that the amount proval on the proposed plans, specifications, of the security to accompany each bid shall be in and form of contract and placed same on file in an amount which shall conform to the provisions the office of the City Clerk for public inspection of the Notice to Bidders hereby approved as a of the US 20 (Devon Drive to Menards) Capacity part of the plans and specifications heretofore Improvements Project – Phase I, Traffic Signal adopted. and Intelligent Transportation System Improve- That the City Clerk is hereby directed to ments (STP-A-020-9(186)—22-31). advertise for bids for the construction of the NOW THEREFORE, BE IT RESOLVED BY improvements herein provided, to be published THE CITY COUNCIL OF THE CITY OF DUBU- in a newspaper having general circulation in the QUE, IOWA: City of Dubuque, Iowa, which notice shall not be That a public hearing will be held on the 6th less than four days nor more than forty-five days day of November, 2006, at 6:30 p.m. in the prior to the receipt of said bids at 2:00 p.m. on Public Library Auditorium at which time interest- the 26th day of October, 2006. Bids shall be ed persons may appear and be heard for or opened and read by the City Clerk at said time against the proposed plans and specifications, and will be submitted to the Council for final form of contract and cost of said improvement, action at 6:30 p.m. on the 6th day of November, and the City Clerk be and is hereby directed to 2006. cause a notice of time and place of such hearing Passed, adopted and approved this 2nd day of to be published in a newspaper having general October, 2006. circulation in the City of Dubuque, Iowa, which Roy D. Buol, Mayor notice shall be not less than four days nor more Attest: Jeanne F. Schneider, CMC, City Clerk than twenty days prior to the day fixed for its Cline moved adoption of the Resolution. consideration. At the hearing, any interested Seconded by Braig. Motion carried 7-0. person may appear and file objections to the proposed plans, specifications, contract, or US 20 (Devon Drive to Menards) Capacity estimated cost of the improvement. Improvements Project: City Manager recom- Passed, adopted and approved this 2nd day of mending initiation of the public bidding process October, 2006. for the US 20 (Devon Drive to Menards) Capaci-Roy D. Buol, Mayor ty Improvements Project and that a public Attest: Jeanne F. Schneider, CMC, City Clerk hearing be set for November 6, 2006, presented Cline moved adoption of the Resolution. and read. Cline moved that the communication Seconded by Braig. Motion carried 7-0. be received and filed. Seconded by Braig. RESOLUTION NO. 484-06 Motion carried 7-0. ORDERING BIDS RESOLUTION NO. 482-06 NOW THEREFORE, BE IT RESOLVED BY PRELIMINARY APPROVAL OF PLANS AND THE COUNCIL OF THE CITY OF DUBUQUE, SPECIFICATIONS IOWA: NOW THEREFORE, BE IT RESOLVED BY That the US 20 (Devon Drive to Menards) THE CITY COUNCIL OF THE CITY OF DUBU-Capacity Improvement Project – Phase 1, Traffic QUE, IOWA: Signal and Intelligent Transportation System That the proposed plans, specifications, form Improvements (STAP-A-020-9(186)—22-31) is of contract and estimated cost for the US 20 hereby ordered to be advertised for bids for (Devon Drive to Menards) Capacity Improve-construction. ments Project – Phase I, Traffic Signal and BE IT FURTHER RESOLVED, that the amount Intelligent Transportation System Improvements of the security to accompany each bid shall be in (STP-A-020-9(186)—22-31) in the estimated an amount which shall conform to the provisions amount of $190,035.89 are hereby approved of the Notice to Bidders hereby approved as a and ordered filed in theoffice of the City Clerk part of the plans and specifications heretofore for public inspection. adopted. Passed, adopted and approved this 2nd day of That the City Clerk is hereby directed to October, 2006. advertise for bids for the construction of the Roy D. Buol, Mayor improvements herein provided, to be published Attest: Jeanne F. Schneider, CMC, City Clerk in a newspaper having general circulation in the Cline moved adoption of the Resolution. City of Dubuque, Iowa, which notice shall not be Seconded by Braig. Motion carried 7-0. less than four days nor more than forty-five days prior to the receipt of said bids by the Iowa RESOLUTION NO. 483-06 Department of Transportation by 10 a.m. Central FIXING DATE OF HEARING ON PLANS AND Time on the 17th day of October, 2006. Bids SPECIFICATIONS shall be opened and read by the Iowa Depart- Whereas, the City Council of the City of ment of Transportation at 10:30 a.m. Central Dubuque, Iowa has given its preliminary ap-Time on the 17th day of October, 2006, and will Regular Session, October 2, 2006 375 be submitted to the Council for final action at person may appear and file objections to the 6:30 p.m. on the 6th day of November, 2006. proposed plans, specifications, contract, or Passed, adopted and approved this 2nd day of estimated cost of the improvement. October, 2006. Passed, approved and adopted this 2nd day of Roy D. Buol, Mayor October, 2006. Attest: Jeanne F. Schneider, CMC, City Clerk Roy D. Buol, Mayor Cline moved adoption of the Resolution. Attest: Jeanne F. Schneider, CMC, City Clerk Seconded by Braig. Motion carried 7-0. Cline moved adoption of the Resolution. Seconded by Braig. Motion carried 7-0. City Hall - First Floor Restroom Remodel RESOLUTION NO. 487-06 Project: City Manager recommending initiation of ORDERING BIDS the public bidding process for the City Hall – First Floor Restroom Remodel Project and NOW THEREFORE, BE IT RESOLVED BY setting a public hearing for November 6, 2006, THE COUNCIL OF THE CITY OF DUBUQUE, presented and read. Cline moved that the IOWA: communication be received and filed. Seconded That the City Hall—1st Floor Restroom Reno- by Braig. Motion carried 7-0. vations is hereby ordered to be advertised for bids for construction. RESOLUTION NO. 485-06 BE IT FURTHER RESOLVED, that the amount PRELIMINARY APPROVAL OF PLANS AND of the security to accompany each bid shall be in SPECIFICATIONS an amount which shall conform to the provisions NOW THEREFORE, BE IT RESOLVED BY of the notice to bidders hereby approved as a THE CITY COUNCIL OF THE CITY OF DUBU-part of the plans and specifications heretofore QUE, IOWA: adopted. That the proposed plans, specifications, form That the City Clerk is hereby directed to of contract and estimated cost for the City Hall—advertise for bids for the construction of the 1st Floor Restroom Renovations in the esti-improvements herein provided, to be published mated amount of $49,500, are hereby approved in a newspaper having general circulation in the and ordered filed in the office of the City Clerk City of Dubuque, Iowa, which notice shall not be for public inspection. less than four days nor more than forty-five days Passed, approved and adopted this 2nd day of prior to the receipt of said bids at 2:00 p.m. on October, 2006. the 2nd day of November, 2006. Bids shall be Roy D. Buol, Mayor opened and read by the City Clerk at said time Attest: Jeanne F. Schneider, CMC, City Clerk and will be submitted to the Council for final Cline moved adoption of the Resolution. action at 6:30 p.m. on the 6th day of November, Seconded by Braig. Motion carried 7-0. 2006. Passed, approved and adopted this 2nd day of RESOLUTION NO. 486-06 October, 2006. FIXING DATE OF HEARING ON PLANS AND Roy D. Buol, Mayor SPECIFICATIONS Attest: Jeanne F. Schneider, CMC, City Clerk Whereas, the City Council of the City of Cline moved adoption of the Resolution. Dubuque, Iowa has given its preliminary ap-Seconded by Braig. Motion carried 7-0. proval on the proposed plans, specifications, and form of contract and placed same on file in Schmitt Memorial Concrete Project: City the office of the City Clerk for public inspection Manager recommending initiation of the public of the City Hall–1st Floor Restroom Renova-bidding process for the Schmitt Memorial Con- tions. crete Project and setting a public hearing for NOW THEREFORE, BE IT RESOLVED BY November 6, 2006, presented and read. Cline THE CITY COUNCIL OF THE CITY OF DUBU-moved that the communication be received and QUE, IOWA: filed. Seconded by Braig. Motion carried 7-0. That on the 6th day of November, 2006, a RESOLUTION NO. 488-06 public hearing will be held at 6:30 p.m. in the PRELIMINARY APPROVAL OF PLANS AND Public Library Auditorium at which time interest- SPECIFICATIONS ed persons may appear and be heard for or against the proposed plans and specifications, BE IT RESOLVED BY THE CITY COUNCIL form of contract and cost of said improvement, OF THE CITY OF DUBUQUE, IOWA: and the City Clerk be and is hereby directed to That the proposed plans, specifications, form cause a notice of time and place of such hearing of contract and estimated cost for the Schmitt to be published in a newspaper having general Memorial Concrete Project, in the estimated circulation in the City of Dubuque, Iowa, which amount of $47,422, are hereby approved and notice shall be not less than four days nor more ordered filed in the office of the City Clerk, for than twenty days prior to the day fixed for its public inspection. consideration. At the hearing, any interested 376 Regular Session, October 2, 2006 Passed, approved and adopted this 2nd day of opened and read by the City Clerk at said time October, 2006. and will be submitted to the Council for final Roy D. Buol, Mayor action at 6:30 p.m. on the 6th day of November, Attest: Jeanne F. Schneider, City Clerk 2006. Cline moved adoption of the Resolution. Passed, approved and adopted this 2nd day of Seconded by Braig. Motion carried 7-0. October, 2006. Roy D. Buol, Mayor RESOLUTION NO. 489-06 Attest: Jeanne F. Schneider, City Clerk FIXING DATE OF HEARING ON PLANS AND Cline moved adoption of the Resolution. SPECIFICATIONS Seconded by Braig. Motion carried 7-0. WHEREAS, the City Council of the City of Dubuque, Iowa has given its preliminary ap- University Avenue Embankment Stabilization proval on the proposed plans, specifications, Project: City Manager recommending initiation of and form of contract and placed same on file in the public bidding process for the University the office of the City Clerk for public inspection Avenue Embankment Stabilization Project and of the Schmitt Memorial Concrete Project. setting a public hearing for November 6, 2006, NOW, THEREFORE, BE IT RESOLVED, BY presented and read. Cline moved that the THE CITY COUNCIL OF THE CITY OF DUBU-communication be received and filed. Seconded QUE, IOWA, that on the 6th day of November, by Braig. Motion carried 7-0. 2006, a public hearing will be held at 6:30 p.m. RESOLUTION NO. 491-06 in the Public Library Auditorium, at which time PRELIMINARY APPROVAL OF PLANS AND interested persons may appear and be heard for SPECIFICATIONS or against the proposed plans and specifica- tions, form of contract and cost of said improve- NOW THEREFORE, BE IT RESOLVED BY ment, and the City Clerk be and is hereby THE CITY COUNCIL OF THE CITY OF DUBU- directed to cause a notice of time and place of QUE, IOWA: such hearing to be published in a newspaper That the proposed plans, specifications, form having general circulation in the City of Dubu-of contract and estimated cost for the University que, Iowa, which notice shall be not less than Avenue Embankment Stabilization Project (ER four days nor more than twenty days prior to the 2100 (636)--8R-31) in the estimated amount of day fixed for its consideration. At the hearing, $534,796.00 are hereby approved and ordered any interested person may appear and file filed in the office of the City Clerk for public objections to the proposed plans, specifications, inspection. contract, or estimated cost of the improvement. Passed, adopted and approved this 2nd day of Passed, approved and adopted this 2nd day of October, 2006. October, 2006. Roy D. Buol, Mayor Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Cline moved adoption of the Resolution. Seconded by Braig. Motion carried 7-0. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 492-06 RESOLUTION NO. 490-06 FIXING DATE OF HEARING ON PLANS AND ORDERING BIDS SPECIFICATIONS BE IT RESOLVED BY THE COUNCIL OF Whereas, the City Council of the City of THE CITY OF DUBUQUE, IOWA: Dubuque, Iowa has given its preliminary ap- That the Schmitt Memorial Concrete Project is proval on the proposed plans, specifications, hereby ordered to be advertised for bids for and form of contract and placed same on file in construction. the office of the City Clerk for public inspection BE IT FURTHER RESOLVED, that the amount of the University Avenue Embankment Stabiliza- of the security to accompany each bid shall be in tion Project (ER 2100 (636)--8R-31). an amount which shall conform to the provisions NOW THEREFORE, BE IT RESOLVED BY of the notice to bidders hereby approved as a THE CITY COUNCIL OF THE CITY OF DUBU- part of the plans and specifications heretofore QUE, IOWA: adopted. That a public hearing will be held on the 6th That the City Clerk is hereby directed to day of November, 2006, at 6:30 p.m. in the advertise for bids for the construction of the Public Library Auditorium at which time interest- improvements herein provided, to be published ed persons may appear and be heard for or in a newspaper having general circulation in the against the proposed plans and specifications, City of Dubuque, Iowa, which notice shall not be form of contract and cost of said improvement, less than four days nor more than forty-five days and the City Clerk be and is hereby directed to prior to the receipt of said bids at 2:00 p.m. on cause a notice of time and place of such hearing the 19th day of October, 2006. Bids shall be to be published in a newspaper having general Regular Session, October 2, 2006 377 PUBLIC HEARINGS circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its Michalski moved that the rules be suspended consideration. At the hearing, any interested to allow anyone present to address the Council. person may appear and file objections to the Seconded by Jones. Motion carried 7-0. proposed plans, specifications, contract, or estimated cost of the improvement. Fiscal Year 2007 Budget Amendment: Proof of Passed, adopted and approved this 2nd day of publication on notice of hearing to consider the October, 2006. first amendment to the Fiscal Year 2007 budget Roy D. Buol, Mayor and City Manager recommending approval, Attest: Jeanne F. Schneider, CMC, City Clerk presented and read. Cline moved that the Cline moved adoption of the Resolution. communication be received and filed. Seconded Seconded by Braig. Motion carried 7-0. by Connors. Motion carried 7-0. RESOLUTION NO. 493-06 31-288 ORDERING BIDS City Budget amendment and Certification NOW THEREFORE, BE IT RESOLVED BY Resolution THE COUNCIL OF THE CITY OF DUBUQUE, To the Auditor of Dubuque County, Iowa: IOWA: The City Council of Dubuque in said Coun- That the University Avenue Embankment ty/Counties met on October 2, 2006, at the place Stabilization Project (ER 2100 (636)--8R-31) is and hour set in the notice, a copy of which hereby ordered to be advertised for bids for accompanies this certificate and is certified as to construction. publication. Upon taking up the proposed BE IT FURTHER RESOLVED, that the amount amendment, it was considered and taxpayers of the security to accompany each bid shall be in were heard for and against the amendment. an amount which shall conform to the provisions The City Council, after hearing all taxpayers of the Notice to Bidders hereby approved as a wishing to be heard and considering the state- part of the plans and specifications heretofore ments made by them, gave final consideration to adopted. the proposed amendment(s) to the budget and That the City Clerk is hereby directed to modifications proposed at the hearing, if any. advertise for bids for the construction of the There upon, the following resolution was in- improvements herein provided, to be published troduced. in a newspaper having general circulation in the RESOLUTION NO. 494-06 City of Dubuque, Iowa, which notice shall not be AMENDING THE CURRENT BUDGET FOR less than four days nor more than forty-five days THE FISCAL YEAR ENDING JUNE 2006 (AS prior to the receipt of said bids by the Iowa LAST AMENDED ON --) Department of Transportation by 10 a.m. Central Time on the 17th day of October, 2006. Bids Be it Resolved by the Council of the City of shall be opened and read by the Iowa Depart-Dubuque: ment of Transportation at 10:30 a.m. Central Section 1. Following notice published Sep- Time on the 17th day of October, 2006, and will tember 20, 2006, and the public hearing held be submitted to the Council for final action at October 2, 2006, the current budget (as pre- 6:30 p.m. on the 6th day of November, 2006. viously amended) is amended as set out herein Passed, adopted and approved this 2nd day of and in the detail by fund type and activity that October, 2006. supports this resolution which was considered at Continued Roy D. Buol, Mayor the hearing: () Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Braig. Motion carried 7-0. BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Boards/Commissions: Cable TV Teleprogramming Commission (Three 3-year terms through 6/30/09 – Term of Tigges and two vacancies). Applicant: Jennifer Tigges. No one spoke. 378 Regular Session, October 2, 2006 Total Budget Total Budget as certified Current after Current or last amended Amendment Amendment Revenues & Other Financing Sources Taxes Levied on Property 1 16,420,969 0 16,420,969 Less: Uncollected Property Taxes-Levy Year 2 0 0 0 Net Current Property Taxes 3 16,420,969 0 16,420,969 Delinquent Property Taxes 4 0 0 0 TIF Revenues 5 4,296,807 0 4,296,807 Other City Taxes 6 10,737,123 0 10,737,123 Licenses & Permits 7 3,167,556 0 3,167,556 Use of Money and Property 8 16,284,827 -39,895 16,244,932 Intergovernmental 9 20,765,305 15,252,556 36,017,861 Charges for Services 10 22,586,785 58,724 22,645,509 Special Assessments 11 372,000 1,095,923 1,467,923 Miscellaneous 12 4,548,141 908,703 5,456,844 Other Financing Sources 13 30,201,185 7,161,353 37,362,538 Total Revenues and Other Sources 14 129,380,698 24,437,364 153,818,062 Expenditures & Other Financing Uses Public Safety 15 20,442,318 265,322 20,707,640 Public Works 16 10,353,232 581,350 10,934,582 Health and Social Services 17 852,098 134,335 986,433 Culture and Recreation 18 8,087,043 180,618 8,267,661 Community and Economic Development 19 8,278,372 354,649 8,633,021 General Government 20 4,860,656 191,132 5,051,788 Debt Service 21 3,136,728 0 3,136,728 Capital Projects 22 20,586,924 22,146,373 42,733,297 Total Government Activities Expenditures 23 76,597,371 23,853,779 100,451,150 Business Type / Enterprises 24 32,301,549 19,381,023 51,682,572 Total Gov Activities & Business Expenditures 25 108,898,920 43,234,802 152,133,722 Transfers Out 26 24,626,835 6,521,615 31,148,450 Total Expenditures/Transfers Out 27 133,525,755 49,756,417 183,282,172 Excess Revenues & Other Sources Over (Under) Expenditures/Transfers Out Fiscal 28 -4,145,057 -25,319,053 -29,464,110 Year Continuing Appropriation 29 0 N/A 0 Beginning Fund Balance July 1 30 14,869,205 25,319,053 40,188,258 Ending Fund Balance June 30 31 10,724,148 0 10,724,148 nd Passed this 2 day of October, 2006. /s/ Roy D. Buol, Mayor /s/ Jeanne F. Schneider, City Clerk Regular Session, October 2, 2006 379 Cline moved adoption of the Resolution. That upon the signing of said contract and the Seconded by Connors. Motion carried 7-0. approval of the contractor's bond, the City Treasurer is authorized and instructed to return Eagle Point Park Roofing Projects: Proof of the bid deposits of the unsuccessful bidders. nd publication on notice of hearing on the adoption Passed, approved and adopted this 2 day of of the plans and specifications for the Eagle October, 2006. Point Park Roofing Projects and City Manager Roy D. Buol, Mayor recommending award of the contract to Kluck Attest: Jeanne F. Schneider, City Clerk Construction, Inc. in the amount of $41,170, Cline moved adoption of the Resolution. presented and read. Cline moved that the proof Seconded by Lynch. Motion carried 7-0. and communication be received and filed. RESOLUTION NO. 497-06 Seconded by Lynch. Motion carried 7-0. APPROVING CONSTRUCTION CONTRACT RESOLUTION NO. 495-06 WITH KLUCK CONSTRUCTION, INC. FOR RESOLUTION ADOPTING PLANS AND THE EAGLE POINT PARK ROOFING SPECIFICATIONS PROJECT WHEREAS, on the 5th day of September, Whereas, the City Council by Resolution No. 2006, plans, specifications, form of contract and 496-06 awarded the construction contract for the estimated cost were filed with the City Clerk of Eagle Point Park Roofing Project to Kluck Dubuque, Iowa for the Eagle Point Park Roofing Construction, Inc.; and Project. Whereas Kluck Construction, Inc. has submit- WHEREAS, notice of hearing on plans, ted the attached executed contract and bond. specifications, form of contract, and estimated NOW THEREFORE, BE IT RESOLVED BY cost was published as required by law. THE CITY COUNCIL OF THE CITY OF DUBU- NOW THEREFORE, BE IT RESOLVED BY QUE, IOWA: THE CITY COUNCIL OF THE CITY OF DUBU- 1. The contract and bond attached hereto are QUE, IOWA: hereby approved. That the said plans, specifications, form of 2. The City Manager is hereby authorized and contract and estimated cost are hereby ap-directed to execute the contract on behalf of the proved as the plans, specifications, form of City of Dubuque. nd contract and estimated cost for said improve- Passed, approved and adopted this 2 day of ments for said project. October, 2006. nd Passed, approved and adopted this 2 day of Roy D. Buol, Mayor October, 2006. Attest: Jeanne F. Schneider, CMC, City Clerk Roy D. Buol, Mayor Cline moved adoption of the Resolution. Attest: Jeanne F. Schneider, City Clerk Seconded by Lynch. Motion carried 7-0. Cline moved adoption of the Resolution. Seconded by Lynch. Motion carried 7-0. Connors moved that the rules be reinstated limiting discussion to the Council. Seconded by RESOLUTION NO. 496-06 Jones. Motion carried 7-0. AWARDING CONTRACT ACTION ITEMS WHEREAS, sealed proposals have been submitted by contractors for the Eagle Point Park Roofing Project pursuant to Resolution No. Council Chambers: City Manager requesting 414-06, and notice to bidders published in a that the Mayor and two City Council Members newspaper published in the City of Dubuque, serve on the committee that will deal with the Iowa, on the 8th day of September, 2006. specific design criteria for the Council Chambers WHEREAS, said sealed proposals were in the Federal Building, presented and read. opened and read on the 21st day of September, Cline moved that the communication be re- 2006, and it has been determined that the bid of ceived and filed and approved request, naming Kluck Construction, Inc. in the amount of Council Members Michalski and Cline as the $41,170 was the lowest bid for the furnishings of Council representatives to this Committee. all labor and materials and performing the work Seconded by Connors. Motion carried 7-0. as provided for in the plans and specifications. NOW THEREFORE, BE IT RESOLVED BY Code of Ordinances Revisions: City Manager THE CITY COUNCIL OF THE CITY OF DUBU-recommending approval of proposed changes to QUE, IOWA: Chapter 31 – Licenses and Miscellaneous That the contract for the above improvement Regulations and Chapter 35 – Peddlers and be awarded to Kluck Construction, Inc., and the Transient Merchants of the City of Dubuque Manager be and is hereby directed to execute a Code of Ordinances, presented and read. contract on behalf of the City of Dubuque for the Connors moved that the communication be complete performance of the work. received and filed and approved recommenda- BE IT FURTHER RESOLVED: tion. Seconded by Jones. Motion carried 7-0. 380 Regular Session, October 2, 2006 COUNCIL MEMBER’S REPORTS Michalski shared positive specifics of the recent Iowa League Meeting at Coralville. Buol stated the Panel of Mayors at the Energy Coun- cil was a good program. Next week Dubuque hosts the Iowa Association of Solid Waste Conference. At 7:22 P.M. Michalski moved to go into Closed Session re: Pending Litigation and Property Acquisition – Chapter 21.5(1)(c)(j) 2005 Code of Iowa. Seconded by Braig. Motion carried 7-0. At 8:43 P.M. Council reconvened Regular Session stating staff had been given proper direction. There being no further business, Michalski moved to adjourn. Seconded by Braig. Motion carried 7-0. The meeting adjourned at 8:44 P.M. /s/ Jeanne F. Schneider, CMC City Clerk Special Session, October 10, 2006 381 DUBUQUE Jerry Enzler and Teri Goodmann, Dubuque County Historical Society, expressed apprecia- CITY COUNCIL tion to the Council for their support and strong OFFICIAL leadership. PROCEEDINGS Project Review Process for Port of Dubuque Development: City Manager providing informa- City Council, Special Session, October 10, tion on the project review process for Port of 2006 Dubuque development, presented and read. Council met in Special Session at 2:30 P.M. in Upon motion received and filed. the Library Auditorium There being no further business, upon motion Present: Mayor Buol, Council Members Braig, the meeting adjourned at 2:43 P.M. Cline, Connors, Jones, Lynch, Michalski, City Manager Van Milligen, City Attorney Lindahl /s/ Jeanne F. Schneider, CMC City Clerk Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of discussing the America’s River expansion in the Port of Dubuque. Consideration of a Resolution of Support for America’s River Expansion of Museum / Port- side Building: Council spoke of the partnership between the City and the Dubuque County Historical Society on past projects and that the partnership would continue for the second phase of the America’s River Project, which was a positive for Dubuque and good for the communi- ty. RESOLUTION NO. 498-06 ENDORSE APPLICATION Whereas, the City of Dubuque (City) and the Dubuque County Historical Society (Society) have partnered in the successful implementation of the America’s River project for the benefit of Dubuque and the entire state of Iowa. Whereas, the Society is planning a new museum at the Portside Building in the Port of Dubuque. Whereas, the City believes that continued improvements and expansion at the Museum and Aquarium will have tangible educational and economic benefits for Dubuque and the State of Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: The City Council formally endorses the appli- cation of the Dubuque County Historical Society to Vision Iowa for $5 million to develop the RiverMax Theater and Great Rivers Center and $4 million in Community Attraction (CAT) Funds. th Passed, approved and adopted this 10 day of October, 2006. th Passed, approved and adopted this 10 day of October, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Michalski moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. 382 Special & Regular Sessions, October 16, 2006 DUBUQUE DUBUQUE CITY COUNCIL CITY COUNCIL OFFICIAL OFFICIAL PROCEEDINGSPROCEEDINGS City Council, Special Session, October 16, City Council, Regular Session, October 16, 2006 2006 Council met in Special Session at 5:30 P.M. in Council met in Regular Session at 6:30 P.M. in the Library Auditorium the Library Auditorium Present: Mayor Buol, Council Members Braig, Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski, City Cline, Connors, Jones, Lynch, Michalski, City Manager Van Milligen, City Attorney Lindahl Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a Mayor Buol read the call and stated this is a special session of the City Council called for the regular session of the City Council called for the purpose of receiving a presentation from the purpose of discussing such matters which may Library Board of Trustees. properly come before the City Council. Alan Avery, President of the Library Board of Invocation was given by Reverend Tom Trustees, introduced Kurt Saterbak of Saterbak Mason, Captain of the Salvation Army and Associates, Janesville WI, who gave a detailed presentation on the proposed renova- Proclamations: Save for Retirement Week tion to the Carnegie Stout Public Library and the received by Personnel Director Randy Peck; necessary funding. Council discussed the Philanthropy Day received by Katharine Yarnell. presentation and requested that another work CONSENT ITEMS session be scheduled to further discuss the project and the amount of City funding that could be committed. The final decision on funding Minutes and Reports Submitted: City Council would be made through the Fiscal Year 2008 of 10/2 and 10/10; Environmental Stewardship budget process. Advisory Commission of 9/5, 9/20 and 10/3, Housing Commission of 9/26; Human Rights There being no further business, Cline moved Commission of 8/18 and 9/11; Library Board of to adjourn. Seconded by Connors. Motion Trustees of 7/27, 8/24, 8/28, and 9/8; Long carried 7-0. The meeting adjourned at 6:31 Range Planning Advisory Commission of 9/20; P.M. Mechanical Board of 10/11; Park and Recreation Commission of 9/12; Plumbing Board of 10/10; /s/ Jeanne F. Schneider, CMC Zoning Advisory Commission of 10/2; Zoning City Clerk Board of Adjustment of 9/28, presented and read. Cline moved that the minutes be received and filed. Seconded by Lynch. Motion carried 7- 0. Proofs of publication of City Council Proceed- ings of September 18, 2007, and List of Claims and Summary of Revenues for month ending August 31, 2006, presented and read. Cline moved that the proofs be received and filed. Seconded by Lynch. Motion carried 7-0. Notice of Claims/Suits: Debra Curiel for personal injury; First Supply, LLC for property damage; Jean Heim for vehicle damage; Tyler Kohl for vehicle damage; Nationwide Advantage Mortgage Company vs. Housing Services Department Lead Paint Hazard Reduction Program, et al, presented and read. Cline moved that the communications be received and filed and referred to the City Attorney for investi- gation and report. Seconded by Lynch. Motion carried 7-0. Regular Session, October 16, 2006 383 City Attorney advising that the following claims NOW THEREFORE, BE IT RESOLVED BY have been referred to Public Entity Risk Servic-THE CITY COUNCIL OF THE CITY OF DUBU- es of Iowa, the agent for the Iowa Communities QUE, IOWA: Assurance Pool: Debra Curiel for personal Section 1. That the City Council hereby waives injury, First Supply LLC for vehicle damage, and Article IV, Design and Improvement Standards Ken Kohl for vehicle damage, presented and of the Subdivision Regulations, except Section read. Cline moved that the communications be 42-19, Blocks and Lots. received and filed and concurred. Seconded by Section 2. That Section 42-19(b) of the Subdi- Lynch. Motion carried 7-0. vision Regulations is waived to allow Lot 1-2 and Lot 2-2 to have 0 feet of frontage, where 50 feet City Attorney recommending that the claim of of lot frontage is required. Jean Heim for vehicle damage be referred to Section 3. That the Final Plat is hereby Selco, Inc., presented and read. Cline moved approved and the Mayor and City Clerk are that the communication be received and filed hereby authorized and directed to endorse the and concurred. Seconded by Lynch. Motion approval of the City of Dubuque, Iowa upon said carried 7-0. plat of survey. Passed, approved and adopted this 16th day Franchise Fee Litigation: City Attorney Barry of October 2006. A. Lindahl recommending approval to retain the Roy D. Buol, Mayor law firm of Ahlers & Cooney, P.C. to represent Attest: Jeanne F. Schneider, City Clerk the City in the franchise fee litigation process, Cline moved adoption of the Resolution. presented and read. Cline moved that the Seconded by Lynch. Motion carried 7-0. communication be received and filed and approved recommendation. Seconded by Lynch. Plat of Survey – Cedar Lakes Subdivision: Motion carried 7-0. Zoning Advisory Commission recommending approval of the Plat of Survey of Lot 1-2 and A-2 Tri-State Trail Vision: Communication from the of Cedar Lake East Third Addition as requested Board of Directors of the Tri-State Trail Vision, a by Gibbs Construction, presented and read. non-profit group formed by the Envision 2010 Cline moved that the communication be re- Integrated Hike-Bike Trails Commission, re-ceived and filed. Seconded by Lynch. Motion questing that the City include in the Fiscal Year carried 7-0. 2008 a cost and feasibility study for a hiking- RESOLUTION NO. 500-06 biking trail along the middle fork of Catfish A RESOLUTION APPROVING PLAT OF Creek, presented and read. Cline moved that SURVEY OF LOT 1-2 AND LOT A-2 OF CE- the communication be received and filed and DAR LAKE EAST THIRD ADDITION IN THE referred to the City Manager. Seconded by CITY OF DUBUQUE, IOWA Lynch. Motion carried 7-0. Whereas, there has been filed with the City Final Plat – US Highway 52: Zoning Advisory Clerk a Plat of Survey of Lot 1-2 and Lot A-2 of Commission recommending approval of the final Cedar Lake East Third Addition in the City of plat of Lot 1-2 and 2-2 of the West ½ of the SE Dubuque, Iowa; and ¼ Section 17, T88N R3E located on US High- Whereas, upon said Plat of Survey appears a way 52, Dubuque County as requested by private street to be known as North Cedar Court Kenneth Lochner, presented and read. Cline (Lot A-2), with certain public utility easements, moved that the communication be received and which the owner by said Plat of Survey has filed. Seconded by Lynch. Motion carried 7-0. dedicated such easements to the public forever; and RESOLUTION NO. 499-06 Whereas, the Plat of Survey has been ex- RESOLUTION APPROVING THE FINAL OF amined by the Zoning Advisory Commission and LOT 1-2 AND LOT 2-2 OF THE WEST ½ OF had its approval endorsed thereon; and THE SE ¼, SECTION 17, T88N, R3E, OF THE Whereas, said Plat of Survey has been ex- 5th P.M. IN DUBUQUE COUNTY, IOWA amined by the City Council and they find that it Whereas, there has been filed with the City conforms to the statutes and ordinances relating Clerk a Final Plat Lot 1-2 and Lot 2-2 of the to it, except that no streets or public utilities have West ½ of the SE ¼, Section 17, T88N, R3E, of yet been constructed or installed. the 5th P.M. in Dubuque County, Iowa; and NOW, THEREFORE, BE IT RESOLVED BY Whereas, said Final Plat has been examined THE CITY COUNCIL OF THE CITY OF DUBU- by the Zoning Advisory Commission and its QUE, IOWA: approval endorsed there; and Section 1. That the dedication of easements Whereas, said Final Plat has been examined for public utilities, as they appear upon said Plat by the City Council and they find that it conforms of Survey, be and the same are hereby ac- to the statutes and ordinances relating thereto. cepted; and 384 Regular Session, October 16, 2006 Section 2. That the Plat of Survey of Lot 1-2 Cline moved adoption of the Resolution. and Lot A-2 of Cedar Lake East Third Addition is Seconded by Lynch. Motion carried 7-0. hereby approved by the Mayor and City Clerk are hereby authorized and directed to endorse Requests to Purchase: the approval of the City of Dubuque, Iowa, upon Communication from Richard Harrison, 801 said Plat of Survey, provided the owners of said Rising Street, requesting to purchase a portion property herein named, execute their written of a City-owned street/alley abutting his proper- acceptance hereto attached agreeing: ty, presented and read. Cline moved that the (a) To reduce North Cedar Court (Lot A-2) to communication be received and filed and grade and to hard surface with asphaltic con-referred to the City Manager. Seconded by crete, all in accordance with the City of Dubuque Lynch. Motion carried 7-0. standard specifications, in conformance with Communication from Tim Schmit II requesting construction improvement plans approved by the to purchase a portion of a City-owned City Engineer for a private street. street/alley abutting his property at 650 Kane (b) To install sanitary sewer mains and sewer Street, presented and read. Cline moved that service laterals into each individual lot, water the communication be received and filed and mains and water service laterals into each referred to the City Manager. Seconded by individual lot, and erosion control devices all in Lynch. Motion carried 7-0. accordance with the City of Dubuque standard Communication from Jason “Jake” Schneider specifications, all in a manner acceptable to the requesting to purchase a portion of a City City Engineer, and in accordance with construc-street/alley abutting his property on Kelly Lane, tion improvement plans approved by the City presented and read. Cline moved that the Engineer, and inspected by the City Engineer. communication be received and filed and The private street and sanitary sewer mains are referred to the City Manager. Seconded by so designated as private mains and shall be Lynch. Motion carried 7-0. maintained by the owners and/or homeowners’ association. Friends of the Mines of Spain: Communication (c ) To construct said improvements, prior to from Douglas G. Olk, president of the Board of two (2) years from the date of acceptance of this Directors of Friends of the Mines of Spain, resolution, at the sole expense of the owners, or requesting a letter of support regarding the future owner; City’s financial commitment for their expansion (d) To maintain the public improvements, for a project, presented and read. Connors moved period of two (2) years from the date of the that the communication be received and filed acceptance of those improvements by the City and referred to the City Manager. Council of Dubuque, Iowa, at the sole expense of the Members Connors and Michalski voiced their owners, or future owner; support for the request. Seconded by Braig. And, further provided that said Gibbs Con-Motion carried 7-0. struction, Inc., as owner of said property, shall secure the performance of the foregoing public Iowa Individual Health Benefit Reinsurance water main provided in this Section by providing Assessment: City Manager recommending guarantees in such form and with such sureties approval of the expenditure of $38,182.13 to the as may be acceptable to the City Manager of the Iowa Individual Health Benefit Reinsurance City of Dubuque, Iowa. Association for the City’s Iowa Individual Health Section 3. That the final acceptance of all Benefit Reinsurance Assessment, presented public improvements shall occur upon certifica-and read. Cline moved that the communication tion of the City Engineer to the City Council that be received and filed and approved recommen- water main improvements have been completed dation. Seconded by Lynch. Motion carried 7-0. in accordance with the improvement plans and City standard specifications and accepted by Downtown Dubuque Master Plan – Consultant City Council Resolution. Selection: City Manager recommending approv- Section 4. That in the event Gibbs Construc-al of the selection of Community Land Use and tion, Inc. fails to execute the acceptance and Economics Group (CLUE) to perform services furnish the guarantees provided in Sections 2 related to implementation of the Downtown and 3 hereof within 180 days after the date of Master plan, at a cost not to exceed $47,200, this Resolution, the provisions hereof shall be presented and read. Cline moved that the null and void and the acceptance and approval communication be received and filed and the plat shall not be effective. approved recommendation. Seconded by Lynch. Passed, approved and adopted this 16th day Motion carried 7-0. of October 2006. Roy D. Buol, Mayor 409 Burch Street (Tabled from September 18, Attest: Jeanne F. Schneider, City Clerk 2006 Meeting): City Manager recommending that this item be retabled to November 6, 2006, Regular Session, October 16, 2006 385 presented and read. Connors moved that this be Section 1. That the terms of the agreement be received and filed and re-tabled to the Council approved and the Mayor authorized and directed Meeting of November 6, 2006. Seconded by to sign the collective bargaining agreement. th Braig. Council Member Connors questioned the Passed, approved and adopted this 16 day of constant re-tabling of this matter and the City October, 2006. Manager responded that the Housing Depart-Roy D. Buol, Mayor ment will meet with the owner to expedite Attest: Jeanne F. Schneider, City Clerk progress on the rehabilitation of this property. Cline moved adoption of the Resolution. Motion carried 7-0. Seconded by Lynch. Motion carried 7-0. Comprehensive Plan Update: Long Range Application for HUD Lead-Based Paint Hazard Planning Advisory Commission submitting the Control Grant: City Manager recommending September 2006 Comprehensive Plan Update, approval of the submission of a Lead Demon- presented and read. Cline moved that the stration Grant Application to HUD through the communication be received and filed. Seconded Dubuque County Board of Health, presented by Lynch. Motion carried 7-0. and read. Cline moved that the communication be received and filed and approved recommen- Human Rights Commission: James L. Jarrard, dation. Seconded by Lynch. Motion carried 7-0. Chair of the Human Rights Commission, advis- ing that Mary Gassman has resigned her posi- Economic Development Loan – Sedgwick tion on the Commission, presented and read. Claims Management Services, Inc.: City Man- Cline moved that the communication be re-ager recommending approval of an Economic ceived and filed. Seconded by Lynch. Motion Development Loan of $100,000 to Sedgwick carried 7-0. Claims Management Services to provide the local match for a State of Iowa Community Collective Bargaining Agreement: City Manag-Economic Betterment Loan Agreement (CEBA) er recommending approval of a two-year collec-loan, presented and read. Cline moved that the tive bargaining agreement between the Team-communication be received and filed. Seconded sters Local Union No. 421 (Bus Operators) and by Lynch. Motion carried 7-0. the City of Dubuque for the contract period RESOLUTION NO. 502-06 beginning July 1, 2006, presented and read. APPROVING AN ECONOMIC DEVELOPMENT Cline moved that the communication be re- LOAN OF ONE HUNDRED THOUSAND ceived and filed. Seconded by Lynch. Motion DOLLARS ($100,000) TO SEDGWICK CLAIMS carried 7-0. MANAGEMENT SERVICES, INC. RESOLUTION NO. 501-06 Whereas, the City of Dubuque, Iowa has APPROVING THE AGREEMENT BETWEEN created an economic development loan program THE CITY OF DUBUQUE, IOWA, AND THE to assist local job creation efforts and provide TEAMSTERS LOCAL UNION NO. 421 (BUS matching funds for State financial assistance OPERATORS) AND AUTHORIZING THE programs; and MAYOR TO SIGN THE AGREEMENT Whereas, the City desires to assist Sedgwick Whereas, the Sixty-Fifth General Assembly Claims Management Services, Inc. in its efforts adopted the Public Employment Relations Act, to create operations in Dubuque and create Chapter 20, Code of Iowa; and new, permanent employment opportunities for Whereas, the City of Dubuque is public em-local citizens; and ployer within the meaning of Section 3 (1) of the Whereas, an Economic Development Loan for Public Employment Relations Act; and One Hundred Thousand Dollars ($100,000) has Whereas, the Teamsters Local Union No. 421 been requested by Sedgwick Claims Manage- (Bus Operators), is an employee organization ment Services, Inc. to match its application for within the meaning of Section 3 (4) of the Public CEBA funds from the Iowa Department of Employment Relations Act; and Economic Development. Whereas, the Teamsters Local Union No. 421 NOW, THEREFORE, BE IT RESOLVED BY (Bus Operators), submitted a request to bargain THE CITY COUNCIL OF THE CITY OF DUBU- collectively on behalf of the employees within its QUE, IOWA: representation; and Section 1. That the Mayor and City Council of Whereas, bargaining between the parties has the City of Dubuque, Iowa, approve the occurred and an agreement has been con-$100,000 Economic Development Loan to cluded. Sedgwick Claims Management Services, Inc. NOW, THEREFORE, BE IT RESOLVED BY Section 2. That the City Manager be and he is THE CITY COUNCIL OF THE CITY OF DUBU-hereby authorized to execute an Economic QUE, IOWA: Development Loan Agreement with Sedgwick Claims Management Services, Inc. 386 Regular Session, October 16, 2006 Passed, approved and adopted this 16th day describing the property to be subdivided, a copy of October, 2006. of which is attached hereto (the Plat); and Roy D. Buol, Mayor Whereas, the Plat conforms to the laws and Attest: Jeanne F. Schneider, City Clerk statutes pertaining thereto. Cline moved adoption of the Resolution. NOW THEREFORE, BE IT RESOLVED BY Seconded by Lynch. Motion carried 7-0. THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Dubuque Industrial Center West: City Manager Section 1. The Plat is hereby approved, and recommending that lots in the Dubuque Industri-the Mayor and City Clerk are hereby authorized al Center West be subdivided to accommodate and directed to execute the Plat for and on the land sale to P & L Venture, LLC (National behalf of the City of Dubuque, Iowa. Dentex – Oral Arts, Inc.), presented and read. Section 2. The City Clerk is hereby authorized Cline moved that the communication be re-and directed to file the Plat and a certified copy ceived and filed. Seconded by Lynch. Motion of this resolution in the office of the Recorder, in carried 7-0. and for Dubuque County, Iowa. Passed, approved and adopted this 16th day RESOLUTION NO. 503-06 of October 2006. APPROVING PLAT OF SURVEY LOT A AND Roy D. Buol, Mayor LOT B OF LOT 2 OF 1 OF THE DUBUQUE Attest: Jeanne F. Schneider, City Clerk INDUSTRIAL CENTER WEST 6TH ADDITION Cline moved adoption of the Resolution. IN THE CITY OF DUBUQUE, IOWA Seconded by Lynch. Motion carried 7-0. Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a Plat of The following item was removed from the Survey, Lot A and Lot B of Lot 2 of 1 of the Council Agenda: Mini Bus Contracted Services: Dubuque Industrial Center West 6th Addition in City Manager recommending that the contracts the City of Dubuque, Iowa, dated October 11, for mini bus service with Mt. Saint Francis, 2006, prepared by IIW Engineers and Sur-Sunnycrest, and Area Residential Care be veyors, P.C., describing the property to be transferred from Keyline to the Regional Trans- subdivided, a copy of which is attached hereto portation Authority (RTA). (the Plat); and Whereas, the Plat conforms to the laws and Housing Commission: Communication from statutes pertaining thereto. Harry F. Neustadt submitting his resignation NOW THEREFORE, BE IT RESOLVED BY from the Housing Commission and his liaison THE CITY COUNCIL OF THE CITY OF DUBU-positions with the Community Development QUE, IOWA: Advisory Commission and the Housing Advisory Section 1. The Plat is hereby approved, and Trust Fund Committee, effective immediately, the Mayor and City Clerk are hereby authorized presented and read. Michalski moved that the and directed to execute the Plat for and on communication be received and filed and behalf of the City of Dubuque, Iowa. accepted with regret and expressed best wishes Section 2. The City Clerk is hereby authorized to Mr. Neustadt. Seconded by Jones. Motion and directed to file the Plat and a certified copy carried 7-0. of this resolution in the office of the Recorder, in and for Dubuque County, Iowa. Citizen Communication: Communication from Passed, approved and adopted this 16th day Robert Park, 2939 Brandywine Park Drive, of October 2006. voicing concerns about the lack of sidewalks on Roy D. Buol, Mayor portions of John F. Kennedy Road and West Attest: Jeanne F. Schneider, City Clerk 32nd Street, presented and read. Cline moved Cline moved adoption of the Resolution. that this communication be received and filed Seconded by Lynch. Motion carried 7-0. and referred to the City Manager and requested a report back to Council on this matter. RESOLUTION NO. 504-06 Seconded by Michalski. Motion carried 7-0. APPROVING PLAT OF SURVEY LOT 1 AND LOT 2 OF LOT B, DUBUQUE INDUSTRIAL Centers for Disease Control and Prevention – CENTER WEST 6TH ADDITION IN THE CITY Fluoridation Recognition: City Manager advising OF DUBUQUE, IOWA that the Centers for Disease Control and Pre- Whereas, there has been presented to the City vention (CDC) have recognized the City of Council of the City of Dubuque, Iowa, a Plat of Dubuque Water Department for their perfor- Survey, Lot 1 and Lot 2 of Lot B, Dubuque mance regarding fluoridation, presented and Industrial Center West 6th Addition in the City of read. Cline moved that the communication be Dubuque, Iowa, dated October 11, 2006, pre-received and filed. Seconded by Lynch. Motion pared by IIW Engineers and Surveyors, P.C., carried 7-0. Regular Session, October 16, 2006 387 American Water Works Association: City SPECIAL CLASS “C” LIQUOR LICENSE Manager advising that the American Water Jamie Carroll, Jamies Wine Studio of Dubu- Works Association has recognized the City of que, +(Sunday Sale) Dubuque Water Department for 100 years of CLASS “B” WINE service and has inducted the department into Jamie Carroll, Jamies Wine Studio of Dubu- the Association’s 100 Year Club, presented and que, 1072 Main St. read. Cline moved that the communication be Passed, approved and adopted this 16th day received and filed. Seconded by Lynch. Motion of October, 2006. carried 7-0. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Signed Contracts: AY McDonald Park Change Michalski moved adoption of the Resolution. Orders and Fire Headquarters – Sidewalk Seconded by Braig. Motion carried 7-0. Replacement Project, presented and read. Cline ITEMS TO BE SET FOR PUBLIC HEARING moved that the communication be received and filed. Seconded by Lynch. Motion carried 7-0. Residential Parking Permit District: City Improvement Contracts / Performance, Pay-Manager recommending that a public hearing be ment and Maintenance Bonds: Highway 20 set for November 6, 2006 to consider approval Landscaping Project, Phase II Project and Loras of a request to establish a Residential Parking Boulevard Traffic Signalization Replacement Permit District on Hansel Drive between Keys- Project, presented and read. Cline moved that tone Drive and Keymont Drive, presented and the communications be received and filed. read. Cline moved that the communication be Seconded by Lynch. Motion carried 7-0. received and filed. Seconded by Jones. Motion carried 7-0. Rotary Club of Dubuque: Application of the RESOLUTION NO. 506-06 Rotary Club of Dubuque to transfer their liquor SETTING A PUBLIC HEARING ON ESTAB- license from the Grand Opera House at 135 LISHING A RESIDENTIAL PARKING PERMIT West 8th Street to 1000 Jackson Street on DISTRICT ON HANSEL DRIVE FROM KEYS- October 28, 2006, presented and read. Cline TONE DRIVE TO KEYMONT DRIVE moved that the communication be received and filed and approved transfer. Seconded by Lynch. Whereas, the City of Dubuque, pursuant to Motion carried 7-0. Section 32-383 of the Code of Ordinances, has received a petition containing sufficient signa- Business Licenses: Michalski voiced concern tures requesting that an area described as about one business with a pending liquor license follows be designated as a Residential Parking that has twenty-five violations. Permit District: Hansel Drive, from Keystone Drive to Keymont RESOLUTION NO. 505-06 Drive Whereas, applications for Liquor Licenses Whereas, pursuant to said Section 32-383, the have been submitted to this Council for approval City Manager has caused a parking study of the and the same have been examined and ap-area identified above to be undertaken and proved; and which study shows at least 80 percent (80%) of Whereas, the premises to be occupied by such the curbside parking spaces in the proposed applicants were inspected and found to comply parking permit district were utilized during peak with the State Laws and all City Ordinances periods, and at least 25 percent (25%) of the relevant thereto and they have filed proper curbside parking spaces in the proposed parking bonds. permit were utilized by non-resident parking; and NOW, THEREFORE, BE IT RESOLVED BY Whereas, the City Manager, based upon the THE CITY COUNCIL OF THE CITY OF DUBU-results of the study, and in accordance with QUE, IOWA: Section 32-383, recommends that the area be That the Manager be authorized to cause to be designated as a Residential Parking Permit issued the following named applicants a Liquor District and that the City Council set a public License. hearing on the petition to establish such area as CLASS “C” BEER/LIQUOR LICENSE a Residential Parking Permit District and the Dog Gone, Inc., Dog House hours such parking restrictions are to be in Lounge+(Sunday/Outdoor Sale) effect. One Flight Up Inc., One Flight Up NOW THEREFORE, BE IT RESOLVED BY DAMA Corp., Rainbow Lounge+(Sunday Sale) THE CITY COUNCIL OF THE CITY OF DUBU- Carolyn Kay Fonck, Channel Inn+(Sunday Sale) QUE, IOWA: Europa Haus, Inc., Europa Haus Restaurant & Section 1. That the City Council finds and Bierstube. 1301 Rhomberg Ave. determines that a valid petition has been re- Sun’s Corp., Yen Ching Restaurant ceived for the designation of Hansel Drive from Fountain Park Event Center +(Sunday/Outdoor) 388 Regular Session, October 16, 2006 Keystone Drive to Keymont Drive, as a Residen-Court, LP is subject to an agreement between tial Parking Permit District. the City of Dubuque and Pine Box, LLC ap- Section 2. That the Residential Parking Permit proved by the City Council by November 6, District hours be effective between the hours of 2006. 7 a.m. and 3 p.m. daily, except Saturdays, Section 3. That the City Clerk be and is hereby Sundays, and holidays. authorized and directed to cause a notice of Section 3. That the City Clerk be authorized intent to vacate and dispose of said real estate and directed to publish a notice of public hearing to be published in the manner as prescribed by on the designation of the above described area law. th as a Residential Parking Permit District, to be Passed, approved and adopted this 16 day held on November 6, 2006. of October, 2006. th Passed, approved and adopted this 16 day of Roy D. Buol, Mayor October, 2006. Attest: Jeanne F. Schneider, CMC, City Clerk Roy D. Buol, Mayor Cline moved adoption of the Resolution and Attest: Jeanne F. Schneider, CMC, City Clerk set this for public hearing on 11/6/06 at a meet- Cline moved adoption of the Resolution and ing to commence at 6:30 P.M. in the public set this for public hearing on 11/6/06 at a meet-library auditorium and direct the City Clerk to ing to commence at 6:30 P.M. in the public publish notice in the manner prescribed by law. library auditorium and direct the City Clerk to Seconded by Jones. Motion carried 7-0. publish notice in the manner prescribed by law. Seconded by Jones. Motion carried 7-0. Fiscal Year 2007 Budget Amendment: City Manager recommending that a second public Crescent Community Health Center – Request hearing on the Fiscal Year 2007 Budget to Vacate: City Manager recommending that a Amendment be set for November 6, 2006 due to public hearing be set for November 6, 2006 to an error in the original documents, presented consider approval of a request to vacate and and read. Cline moved that the communication dispose of the alley between Washington Street be received and filed. Seconded by Jones. and Elm Street from 17th to 18th Streets, Motion carried 7-0. presented and read. Cline moved that the RESOLUTION NO. 508-06 communication be received and filed. Seconded SETTING THE DATE FOR THE PUBLIC by Jones. Motion carried 7-0. HEARING ON AMENDMENT NO. 1 TO THE RESOLUTION NO. 507-06 FISCAL YEAR 2007 BUDGET FOR THE CITY RESOLUTION OF INTENT TO VACATE AND OF DUBUQUE DISPOSE OF CITY INTEREST IN LOT 159A Whereas, Iowa Code Section 384.16 provides AND 159B OF “EAST DUBUQUE” AN ADDI- that the City Council shall set a time and place TION IN THE CITY OF DUBUQUE, DUBUQUE for a public hearing on amendments to the COUNTY, IOWA budget and publish notice before the hearing as Whereas, John Gronen, representing Pine provided in Iowa Code Section 362.3. Box, LLC, has requested the vacating and NOW THEREFORE, BE IT RESOLVED BY disposal of an alley between Washington Street THE CITY COUNCIL OF THE CITY OF DUBU- and Elm Street from 17th Street to 18th Street; QUE, IOWA: and Section 1. That the City Council shall conduct Whereas, Buesing & Associates has prepared a public hearing on proposed Amendment No. 1 and submitted to the City Council a plat showing to the Fiscal Year 2007 budget for the City of the vacated alley between Washington Street Dubuque at the Carnegie Stout Public Library and Elm Street from 17th Street to 18th Street Auditorium, 360 West 11th Street, Dubuque, and assigned lot numbers thereto, which herei-Iowa, on Monday, November 6, 2006, beginning nafter shall be known and described as Lot at 6:30 p.m. 159A and 159B of “East Dubuque” an Addition Section 2. That the City Clerk be and is hereby in the City of Dubuque, Iowa, should be ap-authorized and directed to publish notice of the proved. public hearing, according to law, together with NOW THEREFORE, BE IT RESOLVED BY the required budget information. THE CITY COUNCIL OF THE CITY OF DUBU- Passed, approved and adopted this 16th day QUE, IOWA: of October 2006. Section 1. That the City of Dubuque intends to Roy D. Buol, Mayor vacate and dispose of its interest in Lot 159A Attest: Jeanne F. Schneider, City Clerk and 159B of “East Dubuque” an Addition in the Cline moved adoption of the Resolution and City of Dubuque, Dubuque County, Iowa. set the public hearing for 11/6/06 at a meeting to Section 2. That the conveyance of Lot 159B of commence at 6:30 P.M. in the public library “East Dubuque” an Addition in the City of Dubu-auditorium and direct the City Clerk to publish que, Dubuque County, Iowa to Washington Regular Session, October 16, 2006 389 notice in the manner prescribed by law. objections from any resident or property owner Seconded by Jones. Motion carried 7-0. of said City to such proposed action. NOW THEREFORE, BE IT RESOLVED BY P & L Venture, LLC (National Dentex – Oral THE CITY COUNCIL OF THE CITY OF DUBU- Arts, Inc.) Land Sale and Development Agree-QUE, IOWA: ment: City Manager recommending that a public Section 1. The City of Dubuque intends to hearing be set for November 6, 2006 to consider dispose of its interest in the foregoing-described the sale of approximately three (3) acres of land Property by Deed to P & L Venture, LLC. in the Dubuque Industrial Center West to P & L Section 2. The City Clerk is hereby authorized Venture LLC (National Dentex – Oral Arts, Inc.) and directed to cause this Resolution and a and a Development Agreement between the City notice to be published as prescribed by Iowa of Dubuque and P & L Venture, LLC (National Code Section 364.7 of a public hearing on the Dentex – Oral Arts, Inc.), presented and read. City's intent to dispose of the foregoing- Cline moved that the communication be re-described Property, to be held on the 6th day of ceived and filed. Seconded by Jones. Motion November, 2006, at 6:30 o'clock p.m. in the carried 7-0. Auditorium of the Carnegie-Stout Public Library in Dubuque, Iowa, 11th & Locust, Dubuque, RESOLUTION NO. 509-06 Iowa. INTENT TO DISPOSE OF AN INTEREST IN Section 3. The City Council will also meet at CITY OF DUBUQUE REAL ESTATE AND said time and place for the purpose of taking FIXING THE DATE FOR A PUBLIC HEARING action on the matter of authorizing Urban Re- OF THE CITY COUNCIL OF THE CITY OF newal Tax Increment Revenue obligations and DUBUQUE, IOWA ON THE PROPOSED the execution of the Development Agreement ISSUANCE OF URBAN RENEWAL TAX relating thereto with P & L Venture, LLC and INCREMENT REVENUE OBLIGATIONS AND National Dentex (Oral Art’s, Inc.), the proceeds THE EXECUTION OF A DEVELOPMENT of which obligations will be used to carry out AGREEMENT RELATING THERETO WITH P certain of the special financing activities de- & L VENTURE, LLC AND NATIONAL DENTEX scribed in the Urban Renewal Plan for the (ORAL ARTS, INC.), AND PROVIDING FOR Dubuque Industrial Center Economic Develop- THE PUBLICATION OF NOTICE THEREOF ment District, consisting of the funding of eco- Whereas, the City of Dubuque, Iowa (City) is nomic developments grants to P & L Venture, the owner of the following real property (the LLC and National Dentex (Oral Art’s, Inc.) Property); pursuant to the Development Agreement under Lot 1 of Dubuque Industrial Center West 6th the terms and conditions of said Urban Renewal Addition in the City of Dubuque, Iowa; and Plan. It is expected that the aggregate amount of Whereas, City, P & L Venture, LLC and the Tax Increment Revenue obligations will be National Dentex (Oral Art’s, Inc.) have entered approximately $450,000. into a Development Agreement, subject to the Section 4. The Clerk is hereby directed to approval of the City Council, a copy of which is cause at least one publication to be made of a now on file at the Office of the City Clerk, City notice of said meeting, in a newspaper, printed Hall, 13th and Central Avenue, Dubuque, Iowa, wholly in the English language, published at pursuant to which City will convey the Property least once weekly, and having general circula- to P & L Venture, LLC as shown on Exhibit A tion in said City, said publication to be not less attached hereto; and than four days nor more than twenty days before Whereas, the City Council has tentatively the date of said meeting on the issuance of said determined that it would be in the best interests obligations. of the City to approve the Development Agree- Section 5. That the notice of the proposed ment, including the conveyance of the Property action to issue said obligations shall be in to P & L Venture, LLC; and substantially the form attached hereto. Whereas, it is deemed necessary and advisa- Passed, approved and adopted this 16th day ble that City should authorize Urban Renewal of October, 2006. Tax Increment Revenue obligations, as provided Roy D. Buol, Mayor by Chapter 403 of the Code of Iowa, and to Attest: Jeanne F. Schneider, City Clerk enter into the Development Agreement relating Cline moved adoption of the Resolution and thereto for the purpose of carrying out an Urban set the date for a public hearing on 11/6/06 at a Renewal Plan as hereinafter described; and meeting to commence at 6:30 P.M. in the public Whereas, before said obligations may be library auditorium and direct the City Clerk to approved, Chapter 403 of the Code of Iowa publish notice in the manner prescribed by law. requires that the City Clerk publish a notice of Seconded by Jones. Motion carried 7-0. the proposal and of the time and place of the BOARDS/COMMISSIONS meeting at which the City Council proposes to take action thereon and at which meeting the City Council shall receive oral and/or written 390 Regular Session, October 16, 2006 th Applicants are invited to address the Council Rodney Carroll, 510 West 11 Street, pre- th regarding their desire to serve on the following sented a virtual tour of the West 11 Street Commission: Historic District and spoke in favor of the pro- Human Rights Commission (Two unexpired posed rezoning. He noted the significant trend to terms - terms of Loney and Gassman). Appli-downsizing numerous structures in the area cants: Patricia Foster, Katrina Wilberding, Gretel from multi-family dwellings to single-family Winterwood. Gretel Winterwood spoke request-homes and duplexes. He stated that the narrow ing consideration for appointment. Council streets and limited parking in the area were not Member Michalski shared that Katrina Wilbe-conducive to R-3 and R-4 zoning. rding had contacted her stating she would be John Whalen, 1105 Highland Place, gave the unable to attend this meeting but was interested history of how the area became a historic district in serving. and commented that the purpose of the pro- posed rezoning was not to get rid of rentals – Appointment to the following Commission: that the area is one of mixed use and should Cable TV Teleprogramming Commission stay that way. (Three 3-year terms through 6/30/09 – Term of Joan Noon, 1245 Grove Terrace, spoke in Tigges and two vacancies) Applicant: Jennifer favor of the rezoning and commented on the Tigges. Michalski moved that Jennifer Tigges be amount of pride both homeowners and renters reappointed to a three year term which will have in the area. expire 6/30/09. Seconded by Connors. Motion Doug Spyrison, 1295 Grove Terrace, spoke carried 7-0. stating the proposed rezoning is going in the right direction. PUBLIC HEARINGS An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code Jones moved to amend the agenda to address of Ordinances by reclassifying property located Action Item #4 prior to the public hearings. in the West 11th Street Historic Preservation Seconded by Michalski. Motion carried 7-0. District from R-3 Moderate Density Multi-Family Residential District, R-4 Multi-Family Residential Quasi Judicial Nature of Rezonings: City District and C-1 Neighborhood Commercial Attorney advising that rezoning, including District to R-2 Two-Family Residential District, rezoning to a PUD Planned Unit Development presented and read. District, is quasi-judicial in nature and, therefore, OFFICIAL PUBLICATION the City Council should not have any ex parte ORDINANCE NO. 64-06 contact with rezoning applicants, supporters or AMENDING APPENDIX A (THE ZONING opponents or City staff, and should not make ORDINANCE) OF THE CITY OF DUBUQUE any individual site visits, presented and read. CODE OF ORDINANCES BY RECLASSIFY- Council discussed the difficulty in following the ING HEREINAFTER DESCRIBED PROPERTY specifics of this directive. Cline moved to receive LOCATED WITHIN THE WEST 11TH STREET and file the communication. Seconded by Braig. HISTORIC DISTRICT FROM R-3 MODERATE Motion carried 7-0. DENSITY MULTI-FAMILY RESIDENTIAL DISTRICT AND R-4 MULTI-FAMILY RESI- Michalski moved that the rules be suspended DENTIAL DISTRICT TO R-2 TWO-FAMILY to allow anyone present to address the Council. RESIDENTIAL DISTRICT. Seconded by Cline. Motion carried 7-0. NOW, THEREFORE, BE IT ORDAINED BY West 11th Street Historic District – Request to THE CITY COUNCIL OF THE CITY OF DUBU- Rezone: Proof of publication on notice of hear-QUE, IOWA: ing to consider reclassifying property located in Section 1. That Appendix A (The Zoning the West 11th Street Historic Preservation Ordinance) Of The City Of Dubuque Code Of District from R-3 Moderate Density Multi-Family Ordinances is hereby amended by reclassifying Residential District, R-4 Multi-Family Residential the hereinafter-described property from R-3 District and C-1 Neighborhood Commercial Moderate Density Multi-Family Residential District to R-2 Two-Family Residential District as District and R-4 Multi-Family Residential District requested by Rodney Carroll, Historic Bluffs to R-2 Two-Family Residential District, to wit: Neighborhood Association, and Zoning Advisory Lot 4 & S.10' Lot 3 Grove Terrace, Central Add Commission recommending approval with the W 35' W 68'9'' Lot 1, Lot 2 Of The Sub Of 809 & omission of three lots at 514 Loras Boulevard Lot 3 Of The Sub Of 809 A McDaniels Sub, N (C-1) and 605/635 West 11th Street (R-3), 65' Of Lot 1 & Lot 2-S 58.34'-Lot 1 Ellen Cor- presented and read. Connors moved that the kery’s Sub, Lot 2-43 Farley’s Sub & S 3'6" Of Lot proof and communication be received and filed. 36 Farley’s Sub, Lot 6 Corkery’s Sub, Farley Seconded by Braig. Motion carried 7-0. Sub. Lot 21 635-639 Jefferson, W 44' Lot 4 Farley’s Sub & Lot 5 Farley’s Sub, W 48' Lot 3 & Regular Session, October 16, 2006 391 E 5' Lot 4 Both in Farley’s Sub, Farley’s Sub. 42' Lot 2 Central Add, S 46'6" Of N 96' Of Lot 36 W.48' Of Lot 2 Farley’s Sub. E.1' Of Lot 3 .Lot 5 Farley’s Sub, Lots 3, 4 & 5 Central Add, Lot 8 & Henschels Sub, Lot 1-W1/2 Of Lot 17 Farley’s E 50 1/2'-7 Sub 823 & 824 Both In A Mc Daniels Sub, Lot 1 - E 1/2 - Lot 17 Farley’s Sub, Lot 28 & Sub, N 1/2 Of Lot 829 A McDaniels Sub 1193- E 26' Of Lot 27 In Farley’s Sub, W 52' Of Lot 1 1193 1/2 Highland, S 1/2 Of Lot 829 A McDa- Of City Lot 687, S 75.55' Of 3 Of 2 Of 775 A Mc niels Sub 1175-1175 1/2 Highland, Lots 6 & 7 Daniels Sub, N 68' Of Lot 15 N 68'-W 36' Of Lot Farley’s Sub, Grove Terrace Sub. Lot 1 Grove 16 Farley’s Sub (Includes 1030), S 43' Of Lot 15 Terrace Sub. N.25' Of Lot 2, W 100'-Lot 7-Sub S 43'-W 36' Of Lot 16 Farley’s Sub, Farley’s Sub Of 823 & 824 A McDaniels Sub, Lot 828 A Mc Lot 12, Lot 1 & 2-7 Ellen Corkery’s Sub, Farley’s Daniels Sub, Lot 830 A McDaniels Sub, Lot 6 Sub E 36' 18 663-665 Jefferson, Farley’s Sub Sub 809 & East 1 1/2' Lot 7 Sub 809 A Mc 20,E 38 1/2' Lot 23 Farley’s Sub, Lot 785 & Lot Daniels Sub 509 & 509 1/2 Arlington, Grove 1-786 Of A Mc Daniels Sub, Lot 784 & 2-786 A Terrace Sub Lot 7, Farley’s Sub N 80' Lot 37 McDaniels Sub, Lot 1 & 2 Of 773 A McDaniels 646-648 Jefferson, Lot 3a City Lot 687, N.80' Lot Sub, Lot 771 A Mc Daniels Sub, Farley’s Sub E 29, W.24'6"- S.20' Lot 29, E4'-30 All In Farley 1/2 Of Lot 11,S 100' W 61' S 1/2 Lot 822 A Sub, Lot 12 Of City Lot 688 & Pt Of 654 Ex N 20' McDaniels Sub 641-649 W 11th St, Lot 1 Of S Thereof & E 50' Lot 2 Of City Lot 703, Lot 1-1-1- 58.34' Of Lot 1 Ellen Corkery’s Sub, Sub E 60' 3 Of City Lot 738 & Lot 2-1-1-3 Of City Lot 738, Of Lot 6 Of Pt Of 823 & 824 In A Mc Daniels Lot 827 A McDaniels Sub, Lot 2 - E 1/2 - 17 & W Sub Lot 1 With A McDaniels Sub Lot 825 A Mc 14' - Lot 18 Farley’s Sub, S 80' Lot 22 Farley’s Daniels Sub S 20' Lot 826, Lot 1-8 Farley’s Sub, Sub & S 80' - W 10'6" Lot 23 Farley’s Sub 619- Lot 19 Farley’s Sub 655-657 Jefferson, Lots 1 621 Jefferson, N 1/2 Of Lot 13 N 1/2 Of Lot 14 & E1' Lot 2 Farley’s Sub, Lot 3 Henschels Sub Farley Sub, Lot 2 Winall Prairie St Place 1136- 1048-1050 Olive, Lot 4 Henschels Sub 1055-1136 1/2 Prairie, Lot 4-2 of City Lot 667, Lot 3-2 1057 Alice, A McDaniels Sub Lot 774, Lots 1 & 2 of City Lot 667, Lot 1-818 & Lot 819 A McDa- Of Lot 772 A Mc Daniels Sub, Lot 1-1 Of City Lot niels Sub, E 40’ of Lot 814 A. McDaniels Sub, 738, Farley’s Sub. W.1/2 Of Lot 11, Lot 10 & W Lot 1-817 & 2-818 A McDaniels Sub 620-628 2' Lot 9 Farley’s Sub 646-652 W 11th St, Lot 4-Loras Blvd, Lot 2-817 A McDaniels Sub, Lot 3- 809 A McDaniels Sub, W 53'-1-809 & N 1/2 - E 817 & W ½ - Lot 816 A McDaniels Sub, Lot 1-W 33'-1-809 & S 1/2- E 33'-1-809 A McDaniels 1/2 -815 & E ½ 816 A McDaniels Sub, Lot 8 Sub, Lot 769b A McDaniels Sub, W 51'6" Of Lot Henion & Bairds, Lot 2-W ½ of Lot 5 Yates & 7 Of Sub Lot 809 A McDaniels Sub, Lot 1-775 A Picketts, Lot 1-1 of S PT of City Lot 684, S Pt of McDaniels Sub & Lot 1-2-775 A McDaniels Sub, Lot 4 of City Lot 684, Lot 2 of S Pt of City Lot Lot 2-2-775 & N 5' Of Lot 3-2-775 Both In A Mc 684 475-475 ½ Loras Blvd., W 28’ of Lot 813 A Daniels Sub, Lot 35 Farley’s Sub, Lot 2 Of 34 In McDaniels Sub, Lot 1-W ½ of Lot 5 Yates & Farley’s Sub, Lot 1-34 Farley’s Sub, Lot 33 Picketts, W ½ of Lot 6 of the E 2’7” of Lot 7 A L Farley’s Sub, Lot 2-8 Farley’s Sub & E 30'-S 32'- Browns Sub, Lot 6 of S Pt of City Lot 684, Lot 5- E 48' Of Lot 9 Farley’s Sub, E. 14' Of Lot 16 & S PT of City Lot 684, Lot 1-3 of S PT of City Lot Lot 2- W 1/2 - 17 Farley’s Sub, Farley’s Sub E.3' 684 483-495 Loras Blvd., Lot 1-2-2 of City Lot Lot 25 Farley Sub Lot 26 Farley’s Sub W.23' Lot 667, Lot 811 & E 33 ½’ of 812 A McDaniels Sub 27, Sub City Lot 687 & W 113' Of E 128' Of Lot – 530/538/544/ 550/560 Loras Blvd., Lots 10 & 1, S 1/2 Of Lot 13 & S 1/2 Of Lot 14 Farley’s 11 Henion & Bairds, Lot 2-9 Henion & Bairds, Sub 1088-1090 Walnut, Lot 6 Thru 10 M.A. Mc Lot 1-9 Henion & Bairds, Lot 2-810 A McDaniels Daniels Sub, Lot 5-809 A McDaniels Sub, Grove Sub, Lot 1-1-810 A McDaniels Sub & Lot 8 A L Terrace Sub Lot 8, N 50' Of N 96'6" Of Lot 36 Browns Sub, W 83’ Lot 7 A L Browns Sub, Lot 5 Farley’s Sub 634-636 Jefferson, W 45' Lot 30 of City Lot 667 445-445 ½ Loras, Lot 2-3 of City Farley’s Sub Lot 31 & 32 Farley’s Sub, Sub Of Lot 667, Lot 2-W ½ 815 & E ½ 816 A McDaniels City Lot 703 W116' Lot 2, Lot 5 Ellen Corkery’s Sub, W 20’812 & E 25’-813 A McDaniels Sub, Sub 990-990 1/2 Grove Terrace, Lots 1 & S Of Lot 6 of City Lot 667, Lot 1-2 City Lot 667 & 2-2- B, Lot 1-1-10, Lot 1-2-1-10, Lot 2-2-1-10 Lori-2 of City Lot 667, Lot 2-5 & the E ½ Lot 6 A L mers Sub, & Lots 2, 3, & 4 Ellen Corkery’s Sub, Browns Sub, Lot 2-4 of City Lot 667, W 13’6” of Lot 24 & W 46' Of Lot 25 Farley’s Sub (Includes Lot 814 & E ½ of Lot 815 A McDaniels Sub, E ½ 581 & 583 Jefferson St), N 55' Lot 826 A McDa-of Lot 5 Yates & Picketts 533-541 Loras Blvd, niels Sub, N 79'- E 48'-9 & W 18'-S 32'-E 48'-9 Lot 2-1 of S PT of City Lot 684, Lot 1-5 A L Farley’s Sub, Farley’s Sub. N.31' Of Lot 22 Browns Sub, and to the centerline of the adjoin- Farley’s Sub. N.31' Of W.10 1/2 Of Lot 23, Lot 2 ing public right-of-way, all in the City of Dubu- Henschels Sub 1078-1080 Olive, Lot 1 Hen-que, Iowa. schels Sub, Lot 2-1-3 City Lot 738, Lot 1 Winall Section 2. The foregoing amendment has Prairie St Place 1148-1154 Prairie, Grove heretofore been reviewed by the Zoning Advi- Terrace Sub S 25' Lot 2 Grove Terrace Sub N sory Commission of the city of Dubuque, Iowa. 40' Lot 3, Grove Terrace Sub Lot 5, Grove Section 3. This ordinance shall take effect Terrace Sub Lot 6, E 33'9"-W 69'9"- Lot 1 & E immediately upon publication, as provided by 6'3"-Lot 1 & W 20'5" Lot 2 All In Central Add, E law. 392 Regular Session, October 16, 2006 Passed, approved and adopted this 16th day NOW, THEREFORE, BE IT ORDAINED BY of October, 2006. THE CITY COUNCIL OF THE CITY OF DUBU- Roy D. Buol, Mayor: QUE, IOWA: Attest: Jeanne F. Schneider, City Clerk Section 1. That Appendix A (The Zoning Published officially in the Telegraph Herald Ordinance) of the City of Dubuque Code of th newspaper this 20 day of October, 2006. Ordinances is hereby amended by providing for Jeanne F. Schneider, City Clerk the amendment of Ordinance No. 44-99, which 1t 10/20 adopted regulations for the Asbury Plaza Connors moved that the requirement that a Planned Unit Development District for hereinaf- proposed Ordinance be considered and voted ter described property, to wit: on for passage at two Council Meetings prior to Lots 1, 2, 3 and F of Asbury Plaza No. 2, the meeting at which it is to be finally passed be Lot 1-1 of Asbury Plaza, Lot 1 of Asbury Plaza suspended. Seconded by Braig. Motion carried No. 6, Lot 1 of Asbury Plaza No. 7, Lot A of 7-0. Connors moved final consideration and Asbury Plaza No. 8, Lot 1 and 2 Asbury Plaza passage of the Ordinance. Seconded by Jones. No. 9, Lot 1 and Lot A Asbury Plaza No. 10, Lot Motion carried 7-0. 2 Asbury Plaza No. 11, Lots 1, 2, 3, 4 and 6 of Asbury Plaza No. 12, Lot 2 of Asbury Plaza No. Asbury Plaza Shopping Center: Proof of 13, and Lots 1, 2 and A of Asbury Plaza No. 14, publication on notice of hearing to consider and to the centerline of the adjoining public right- amending the Asbury Plaza Shopping Center of-way, all in the City of Dubuque, Iowa. PUD Planned Unit Development District to Section 2. Pursuant to Iowa Code Sec- permit a second free-standing monument style tion 414.5 (2005) and as an express condition of sign on outlots, not to exceed ten square feet in the reclassification, the undersigned property area and ten feet in height as requested by owner agrees to the following conditions, all of Andrew Mozena, Premier Bank / Jeff Walker, which the property owner further agrees are Advanta Sign Company, and Zoning Advisory reasonable and imposed to satisfy the public Commission recommending approval, presented needs that are caused directly by the zoning and read. Michalski moved that the proof and reclassification: communication be received and filed. Seconded 3. Out Lot Signage: by Connors. Motion carried 7-0. a) Each out lot parcel shall be allowed wall-mounted signage as per the C-3 General Jeff Stiles, Chair of the Zoning Advisory Commercial District sign regulations. The Commission, clarified the specifics of the re-maximum number of signs per business is two quested sign. (2) signs. b) Each out lot parcel shall be allowed Andrew Mozena of Premier Bank, spoke in one (1) freestanding sign, limited to 100 square support of the additional signage. feet in size and a maximum height of 25 feet. c) Each out lot with three (3) or more An Ordinance Amending Appendix A (the frontages shall be allowed one (1) additional Zoning Ordinance) of the City of Dubuque by freestanding monument-style sign not to exceed reclassifying hereinafter described property ten (10) square feet in area and ten (10) feet in located at the northwest corner of Asbury Road height. and the Northwest Arterial to amend Ordinance Section 3. Recording. A copy of this Ordin- No. 44-99 that established the PUD Planned ance shall be recorded at the expense of the Unit Development District for Asbury Plaza and property owner with the Dubuque County adopting amended regulations for outlot sig-Recorder as a permanent record of the condi- nage, presented and read. tions accepted as part of this reclassification after the adoption of this Ordinance. This Ordin- OFFICIAL PUBLICATION ance shall be binding upon the undersigned and ORDINANCE NO. 65-06 his/her heirs, successors and assigns. AMENDING APPENDIX A (THE ZONING Section 4. The foregoing amendment has ORDINANCE) OF THE CITY OF DUBUQUE heretofore been reviewed by the Zoning Advi- CODE OF ORDINANCES HEREINAFTER sory Commission of the City of Dubuque, Iowa. DESCRIBED PROPERTY LOCATED AT THE Section 5. This ordinance shall take effect NORTHWEST CORNER OF ASBURY ROAD immediately upon publication, as provided by AND THE NORTHWEST ARTERIAL TO law. th AMEND ORDINANCE NO. 44-99 THAT ES- Passed, approved and adopted this 16 day of TABLISHED THE PUD PLANNED UNIT DE- October 2006. VELOPMENT DISTRICT FOR ASBURY PLA- Roy D. Buol, Mayor ZA AND ADOPTING AMENDED REGULA- Attest: Jeanne F. Schneider, City Clerk TIONS FOR OUT LOT SIGNAGE ACCEPTANCE OF ORDINANCE NO. 65-06 Regular Session, October 16, 2006 393 I, Andrew Mozena, representing Premier Bank, certified copy of this resolution in the office of having read the terms and conditions of the the Recorder in and for Dubuque County, Iowa. foregoing Ordinance No. 65-06 and being Passed, approved and adopted this 16th day familiar with the conditions thereof, hereby of October, 2006. accept this same and agree to the conditions Roy D. Buol, Mayor required therein. Attest: Jeanne F. Schneider, CMC, City Clerk Dated in Dubuque, Iowa this 10th day of Cline moved adoption of the Resolution. October, 2006. Seconded by Connors. Motion carried 7-0. By /s/ Andrew Mozena RESOLUTION NO. 511-06 Published officially in the Telegraph Herald VACATING A PORTION OF KERPER BOU- newspaper this 21st day of October, 2006. LEVARD IN BLOCK 6 OF RIVER FRONT Jeanne F. Schneider, City Clerk SUBDIVISION NO. 3 1t 10/21 Michalski moved that the requirement that a Whereas, Airgas North Central, Inc. (Airgas) proposed Ordinance be considered and voted has requested the vacating of a portion of on for passage at two Council Meetings prior to Kerper Boulevard in Block 6 of River Front the meeting at which it is to be finally passed be Subdivision No. 3; and suspended. Seconded by Connors. Motion Whereas, IIW Engineers & Surveyors, PC has carried 7-0. Connors moved final consideration prepared and submitted to the City Council a and passage of the Ordinance. Seconded by plat showing the vacated portion of Kerper Michalski. Motion carried 7-0. Boulevard in Block 6 of River Front Subdivision No. 3 and assigned lot number thereto, which Vacating Petition – River Front Subdivision No. hereinafter shall be known and described as Lot 3: Proof of publication on notice of hearing to 1A, Block 6, River Front Subdivision No. 3 in the consider a request from Airgas North Central, City of Dubuque, Dubuque County, Iowa; and Inc. (Airgas) to vacate a portion of Kerper Whereas, the City Council of the City of Boulevard that abuts the existing Airgas facility Dubuque, Iowa has determined that a portion of at 2240 Kerper Boulevard and City Manager Kerper Boulevard in Block 6 of River Front recommending approval, presented and read. Subdivision No. 3 is no longer required for public Cline moved that the proof and communication use, except for reserving the utility easements be received and filed. Seconded by Connors. as noted, and vacating of said portion of Kerper Motion carried 7-0. Boulevard in Block 6 of River Front Subdivision No. 3 known as Lot 1A, Block 6, River Front RESOLUTION NO. 510-06 Subdivision No. 3 in the City of Dubuque, APPROVING PLAT OF PROPOSED VA- Dubuque County, Iowa should be approved. CATED PORTION OF KERPER BOULEVARD NOW, THEREFORE, BE IT RESOLVED BY IN BLOCK 6 OF RIVER FRONT SUBDIVISION THE CITY COUNCIL OF THE CITY OF DUBU- NO. 3 QUE, IOWA: Whereas, there has been presented to the City Section 1. That the real estate described as Council of the City of Dubuque, Iowa, a plat Lot 1A, Block 6, River Front Subdivision No. 3 in dated the 8th day of September, 2006, prepared the City of Dubuque, Iowa, be and the same is by IIW Engineers & Surveyors, PC, describing hereby vacated. the proposed vacated portion of Kerper Boule- Passed, approved and adopted this 16th day vard in Block 6 of River Front Subdivision No. 3 of October, 2006. to be known as Lot 1A, Block 6, River Front Roy D. Buol, Mayor Subdivision No. 3 in the City of Dubuque, Attest: Jeanne F. Schneider, CMC, City Clerk Dubuque County, Iowa; and Cline moved adoption of the Resolution. Whereas, said plat conforms to the laws and Seconded by Connors. Motion carried 7-0. statutes pertaining thereto. RESOLUTION NO. 512-06 NOW, THEREFORE, BE IT RESOLVED BY DISPOSING OF CITY INTEREST IN LOT 1A, THE CITY COUNCIL OF THE CITY OF DUBU- BLOCK 6, RIVER FRONT SUBDIVISION NO. 3 QUE, IOWA: IN THE CITY OF DUBUQUE, DUBUQUE Section 1. That the plat dated the 8th day of COUNTY, IOWA September, 2006, prepared by IIW Engineers & Surveyors, PC, relative to the real estate herei- Whereas, pursuant to resolution and published nabove described be and the same is hereby notice of time and place of hearing, published in approved, and the Mayor and City Clerk be and the Telegraph Herald, a newspaper of general they are hereby authorized and directed to circulation published in the City of Dubuque, execute said plat for and on behalf of the City of Iowa on this 6th day of October, 2006, the City Dubuque, Iowa. Council of the City of Dubuque, Iowa met on the Section 2. That the City Clerk be and is hereby 16th day of October, 2006, at 6:30 p.m. in the authorized and directed to file said plat and Public Library Auditorium, 360 West 11 Street, Dubuque, Dubuque County, Iowa to consider 394 Regular Session, October 16, 2006 the proposal for the sale of real estate described That the said plans, specifications, form of as: contract and estimated cost are hereby ap- Lot 1A, Block 6, River Front Subdivision No. 3 proved as the plans, specifications, form of in the City of Dubuque, Dubuque County, Iowa contract and estimated cost for said improve- Whereas, the City Council of the City of ments for said project. Dubuque, Iowa overruled any and all objections, Passed, approved and adopted this 16th day oral or written to the proposal to sell such real of October, 2006. estate, except for easement as noted. Roy D. Buol, Mayor NOW, THEREFORE, BE IT RESOLVED BY Attest: Jeanne F. Schneider, City Clerk THE CITY COUNCIL OF THE CITY OF DUBU- Connors moved adoption of the Resolution. QUE, IOWA: Seconded by Jones. Motion carried 7-0. Section 1. That the sale of City of Dubuque RESOLUTION NO. 514-06 real property described as Lot 1A, Block 6, River AWARDING CONTRACT Front Subdivision No. 3 in the City of Dubuque, Dubuque County, Iowa, to Airgas North Central, WHEREAS, sealed proposals have been Inc. be and the same is hereby approved for the submitted by contractors for the Eagle Point sum of $13,447.00 plus the costs of surveying, Park Concrete Replacement Project pursuant to platting, publication, and filing fees. Conveyance Resolution No. 446-06, and notice to bidders shall be by Quit Claim Deed. published in a newspaper published in the City Section 2. That the Mayor be authorized and of Dubuque, Iowa, on the 22nd day of Septem- directed to execute a Quit Claim Deed, and the ber, 2006. City Clerk be and is hereby authorized and WHEREAS, said sealed proposals were directed to deliver said deed of conveyance to opened and read on the 5th day of October, Airgas North Central, Inc. upon receipt of the 2006, and it has been determined that the bid of purchase price in full. Kluck Construction, Inc. in the amount of Section 3. That the City Clerk be and is hereby $59,860 was the lowest bid for the furnishings of authorized and directed to record a certified all labor and materials and performing the work copy of this resolution in the offices of the City as provided for in the plans and specifications. Assessor, Dubuque County Recorder and NOW THEREFORE, BE IT RESOLVED BY Dubuque County Auditor. THE CITY COUNCIL OF THE CITY OF DUBU- Passed, approved and adopted this 16th day QUE, IOWA: of October, 2006. That the contract for the above improvement Roy D. Buol, Mayor be awarded to Kluck Construction, Inc., and the Attest: Jeanne F. Schneider, CMC, City Clerk Manager be and is hereby directed to execute a Cline moved adoption of the Resolution. contract on behalf of the City of Dubuque for the Seconded by Connors. Motion carried 7-0. complete performance of the work. BE IT FURTHER RESOLVED: Eagle Point Park Concrete Work Project: Proof That upon the signing of said contract and the of publication on notice of hearing to consider approval of the contractor's bond, the City adoption of the plans and specification for the Treasurer is authorized and instructed to return Eagle Point Park Concrete Work Project and the bid deposits of the unsuccessful bidders. City Manager recommending award of the Passed, approved and adopted this 16th day contract to Kluck Construction, Inc., in the of October, 2006. amount of $59,860, presented and read. Con-Roy D. Buol, Mayor nors moved that the proof of publication and Attest: Jeanne F. Schneider, City Clerk communication be received and filed. Seconded Connors moved adoption of the Resolution. by Jones. Motion carried 7-0. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 513-06 RESOLUTION NO. 515-06 ADOPTING PLANS AND SPECIFICATIONS APPROVING CONSTRUCTION CONTRACT WITH KLUCK CONSTRUCTION, INC. FOR WHEREAS, on the 18th day of September, THE EAGLE POINT PARK CONCRETE RE- 2006, plans, specifications, form of contract and PLACEMENT PROJECT estimated cost were filed with the City Clerk of Dubuque, Iowa for the Eagle Point Park Con-Whereas, the City Council by Resolution No. crete Replacement Project. 514-06 awarded the construction contract for the WHEREAS, notice of hearing on plans, Eagle Point Park Concrete Replacement Project specifications, form of contract, and estimated to Kluck Construction, Inc.; and cost was published as required by law. Whereas Kluck Construction, Inc. has submit- NOW THEREFORE, BE IT RESOLVED BY ted the attached executed contract and bond. THE CITY COUNCIL OF THE CITY OF DUBU- NOW THEREFORE, BE IT RESOLVED BY QUE, IOWA: THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Regular Session, October 16, 2006 395 1. The contract and bond attached hereto are Construction, Inc. of Dubuque, Iowa, in the hereby approved. amount of $100,937.00 was the lowest bid for 2. The City Manager is hereby authorized and the furnishings of all labor and materials and directed to execute the contract on behalf of the performing the work as provided for in the plans City of Dubuque. and specifications. Passed, approved and adopted this 16th day NOW THEREFORE, BE IT RESOLVED BY of October, 2006. THE CITY COUNCIL OF THE CITY OF DUBU- Roy D. Buol, Mayor QUE, IOWA: Attest: Jeanne F. Schneider, CMC, City Clerk That the contract for the above improvement Connors moved adoption of the Resolution. be awarded to Portzen Construction, Inc. subject Seconded by Jones. Motion carried 7-0. to an agreement between the City of Dubuque and Pine Box, LLC, approved by the City Coun- Crescent Community Health Center Parking cil by November 6, 2006, and the Manager be Lot Construction Project: Proof of publication on and is hereby directed to execute a contract on notice of hearing to consider adoption of the behalf of the City of Dubuque for the complete plans and specifications for the Crescent Com-performance of the work. munity Health Center Parking Lot Project and BE IT FURTHER RESOLVED: City Manager recommending award of the That upon the signing of said contract and the contract to Portzen Construction, Inc., in the approval of the contractor’s bond, the City amount of $100,937, presented and read. Treasurer is authorized and instructed to return Michalski moved that the proof and communica-the bid deposits of the unsuccessful bidders. tion be received and filed. Seconded by Jones. Passed, approved and adopted this 16th day Motion carried 7-0. of October, 2006. Roy D. Buol, Mayor RESOLUTION NO. 516-06 Attest: Jeanne F. Schneider, CMC, City Clerk ADOPTING PLANS AND SPECIFICATIONS Michalski moved adoption of the Resolution. Whereas, on the 4th day of October, 2006, Seconded by Jones. Motion carried 7-0. plans, specifications, form of contract and RESOLUTION NO. 518-06 estimated cost were filed with the City Clerk of APPROVING CONSTRUCTION CONTRACT Dubuque, Iowa for the Crescent Community WITH PORTZEN CONSTRUCTION, INC. FOR Health Center Parking Lot Project. THE CRESCENT COMMUNITY HEALTH Whereas, notice of hearing on plans, specifica- CENTER PARKING LOT PROJECT tions, form of contract, and estimated cost was published as required by law. Whereas the City Council by Resolution No. NOW THEREFORE, BE IT RESOLVED BY 517-06 awarded the construction contract for the THE CITY COUNCIL OF THE CITY OF DUBU-Crescent Community Health Center Parking Lot QUE, IOWA: Project to Portzen Construction, Inc.; and That the said plans, specifications, form of Whereas Portzen Construction, Inc. has contract and estimated cost are hereby ap-submitted the attached executed contract and proved as the plans, specifications, form of bond. contract and estimated cost for said improve- NOW THEREFORE, BE IT RESOLVED BY ments for said project. THE CITY COUNCIL OF THE CITY OF DUBU- Passed, adopted and approved this 16th day QUE, IOWA: of October, 2006. 1. The contract and bond attached hereto are Roy D. Buol, Mayor hereby approved subject to an agreement Attest: Jeanne F. Schneider, CMC, City Clerk between the City of Dubuque and Pine Box, Michalski moved adoption of the Resolution. LLC, approved by the City Council by November Seconded by Jones. Motion carried 7-0. 6, 2006. 2. The City Manager is hereby authorized and RESOLUTION NO. 517-06 directed to execute the contract on behalf of the AWARDING CONSTRUCTION CONTRACT City of Dubuque. FOR THE CRESCENT COMMUNITY HEALTH Passed, approved and adopted this 16th day CENTER PARKING LOT PROJECT of October, 2006. Whereas, sealed proposals have been submit-Roy D. Buol, Mayor ted by contractors for the Crescent Community Attest: Jeanne F. Schneider, CMC, City Clerk Health Center Parking Lot Project pursuant to Michalski moved adoption of the Resolution. Resolution No. 475-06 and notice to bidders Seconded by Jones. Motion carried 7-0. published in a newspaper published in the City th of Dubuque, Iowa on the 4 day of October, Jones moved to reinstate the rules limiting 2006. discussion to the Council. Seconded by Con- Whereas, said sealed proposals were opened nors. Motion carried 7-0. and read on the 10th day of October, 2006, and ACTION ITEMS it has been determined that the bid of Portzen 396 Regular Session, October 16, 2006 component of the Vision Iowa grant for the America’s River Convention and Visitors Bureau: Sue Cze- project. shinski, Dubuque Area Chamber of Commerce NOW THEREFORE, BE IT RESOLVED BY Convention and Visitors Bureau, to present THE CITY COUNCIL OF THE CITY OF DUBU- quarterly report. Ms. Sue Czeshinski gave a QUE, IOWA: comprehensive, positive verbal report of the Section 1. That the submission of an applica- activities of the Convention and Visitors Bureau. tion to the Iowa Department of Natural Re- Cline moved that the communication be re-sources for a Tier 2 Boating Infrastructure Grant ceived and filed. Seconded by Jones. Motion to fund the Riverside Boat Pier Project is hereby carried 7-0. approved. Section 2. That the City Council authorizes the Main Street Iowa / Dubuque Main Street, Ltd.: City Manager to utilize budgeted Capital Im- Jane Seaton, Main Street Iowa (a division of the provement Program funds to provide the match Iowa Department of Economic Development), to required by this program. th provide verbal report on state program activity Passed, approved and adopted this 16 day of and status of the local Main Street organization. October 2006. Dan LoBianco, Dubuque Main Street, Ltd., Roy D. Buol, Mayor introduced Jean Seaton, who gave a compre-Attest: Jeanne F. Schneider, City Clerk hensive, verbal report of the activities of Main Cline moved adoption of the Resolution. Street Iowa and of the positive activities of Seconded by Braig. Motion carried 7-0. Dubuque Main Street Ltd. Michalski moved that the communication be received and filed. Delinquent Dog and Cat License Charges: City Seconded by Braig. Motion carried 7-0. Manager recommending approval of an amendment to Chapter 7 of the Code of Ordin- Request to Address the City Council: Commu-ances pertaining to delinquent dog and cat nication from Mike Heitz, 1085 University Ave-license charges, presented and read. Michalski nue, requesting that the City of Dubuque build a moved that the communication be received and new skate park. Mr. Heitz spoke regarding the filed. Seconded by Cline. Motion carried 7-0. inadequacies of the current skate park and requested that consideration be given to either An Ordinance Amending the City of Dubuque converting the rink at Allison-Henderson Park to Code of Ordinances Section 7-34 Dogs – a skate park or building a new skate park at a Expiration; Renewal; Delinquent Fee and different location (i.e., Flora Park or Usha Park). Section 7-36 Cats – Expiration; Renewal; Connors moved that the communication and Delinquent Fees by extending the date when request were received and filed and referred to dog and cat licenses become delinquent, the City Manager. Seconded by Jones. Motion presented and read. carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 66-06 Boating Infrastructure Grant Application: City AMENDING THE CITY OF DUBUQUE CODE Manager recommending approval of a revised OF ORDINANCES SECTION 7-34 DOGS - Tier 2 Boating Infrastructure Grant Application EXPIRATION; RENEWAL; DELINQUENT FEE for the Riverside Boat Pier, presented and read. AND SECTION 7-36 CATS - EXPIRATION; Cline moved that the communication be re- RENEWAL; DELINQUENT FEES BY EXTEND- ceived and filed. Seconded by Braig. Motion ING THE DATE WHEN DOG AND CAT LI- carried 7-0. CENSES BECOME DELINQUENT RESOLUTION NO. 519-06 Section 1. City of Dubuque Code of Ordin- AUTHORIZING AN APPLICATION FOR TIER 2 ances § 7-34 is amended to read as follows: BOATING INFRASTRUCTURE GRANT Sec. 7-34. Dogs-Expiration; Renewal; Delin- FUNDS FOR RIVERSIDE BOAT PIER quent Fee: PROJECT AT THE PORT OF DUBUQUE All dog licenses issued under this division shall Whereas, U. S. Fish and Wildlife provides a expire on December 31 of the year in which federal pass-through grant program to the Iowa issued and shall become delinquent on March Department of Natural Resources for Tier 2 31 of the year due unless March 31 falls on a Boating Infrastructure Grants for transient boat Saturday, Sunday, or legal holiday, in which docks; and event the license shall become delinquent on Whereas, the City of Dubuque has determined the next day which is not a Saturday, Sunday, or that the construction of the Riverside Boat Pier legal holiday. A penalty of ten dollars ($10.00) Project at the Port of Dubuque is consistent with shall be added to the required license fee for the Port of Dubuque Master Plan; and each delinquent dog license. Whereas, the construction of transient boat Section 2. City of Dubuque Code of Ordin- docks at the Port of Dubuque is included as a ances § 7-36 is amended to read as follows: Regular Session, October 16, 2006 397 Sec. 7-36. Cats-Expiration; Renewal; Delin-1t 10/20 quent Fees: Jones moved that the requirement that a All cat licenses issued under this division shall proposed Ordinance be considered and voted expire on June 30 of the year following and shall on for passage at two Council Meetings prior to become delinquent on September 30 of the year the meeting at which it is to be finally passed be due unless September 30 falls on a Saturday, suspended. Seconded by Michalski. Motion Sunday, or legal holiday, in which event the carried 7-0. Jones moved final consideration and license shall become delinquent on the next day passage of the Ordinance. Seconded by Con- which is not a Saturday, Sunday, or legal holi-nors. Motion carried 7-0. day. A penalty fee of ten dollars ($10.00) shall COUNCIL MEMBER REPORTS be added to the required license fee for each delinquent cat license. Section 3. This Ordinance shall take effect Michalski shared that Dubuque has been upon publication. recognized for its outstanding curbside refuse Passed, approved and adopted this 16th day collection program. of October, 2006. /s/ Roy D. Buol, Mayor There being no further business, Cline moved Attest: /s/ Jeanne F. Schneider, CMC, City Clerk to adjourn. Seconded by Braig. Motion carried 7- Published officially in the Telegraph Herald 0. th newspaper this 20 day of October, 2006. The meeting adjourned at 9:21 P.M. /s/ Jeanne F. Schneider, City Clerk 1t 10/20 /s/ Jeanne F. Schneider, CMC Michalski moved that the requirement that a City Clerk proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Cline. Motion carried 7-0. Michalski moved final consideration and passage of the Ordinance. Seconded by Cline. Motion carried 7-0. Ambulance Rates: City Manager recommend- ing that he be authorized to establish rates for the City’s ambulance service, presented and read. Jones moved that the communication be received and filed. Seconded by Michalski. Motion carried 7-0. An Ordinance Amending City of Dubuque Code of Ordinances Section 23-31 Rates- Established Authorizing the City Manager to Establish Rates for Ambulance Service, pre- sented and read. OFFICIAL PUBLICATION ORDINANCE NO. 67-06 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES SECTION 23-31 RATES- ESTABLISHED AUTHORIZING THE CITY MANAGER TO ESTABLISH RATES FOR AMBULANCE SERVICE City of Dubuque Code of Ordinances § 23-31 is amended to read as follows: Sec. 23-31. Rates-Established: Rates for ambulance service shall be estab- lished from time to time by the City Manager. Passed, approved and adopted this 16th day of October, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald th newspaper this 20 day of October, 2006. Jeanne F. Schneider, City Clerk 398 Regular Session, November 6, 2006 DUBUQUE Company vs. City of Dubuque, et al; Timothy B. Hilvers for vehicle damage; K-Mart Corporation CITY COUNCIL for property damage; Mark Sutter for vehicle OFFICIAL damage; Robert Wagner for property damage, PROCEEDINGS presented and read. Cline moved that the claims and suits be received and filed and referred to City Council, Regular Session, November 6, City Attorney for investigation and report. 2006 Seconded by Jones. Motion carried 6-0. Council met at 6:30 P.M. in the Public Library Auditorium City Attorney advising that the following claims have been referred to Public Entity Risk Servic- Present: Mayor Buol, Council Members Braig, es of Iowa, the agent for the Iowa Communities Cline, Jones, Lynch, Michalski, City Manager Assurance Pool: Patrick Brennan for vehicle Van Milligen, City Attorney Lindahl damage; Timothy Hilvers for vehicle damage; Absent: Council Member Connors Mark Sutter for vehicle damage, presented and read. Cline moved that the communications be Mayor Buol read the call and stated this is a received and filed and concurred. Seconded by regular session of the City Council called for the Jones. Motion carried 6-0. purpose of discussing such matters which may properly come before the Council. Investment Oversight Advisory Commission: Communication from Charles Spielman submit- ting his resignation from the Investment Over- Invocation was given by Sister Mary Patricia sight Advisory Commission, presented and read. Conlan, RSM, of Ecumenical Towers Cline moved that the communication be re- ceived and filed. Seconded by Jones. Motion Proclamations: Iowa Great Places Proclama- carried 6-0. tion received by Assistant City Manager Cindy Steinhauser; Hospice Care Month (November Request to Purchase: Communication from 2006) received by Jody Hoeger Charlene Jones, 48 Burns Street, requesting to purchase a portion of an alley/City street abut- CONSENT ITEMS ting her property, upon motion received and filed and referred to the City Manager. Minutes and Reports Submitted: Airport Commission of 9/25; City Council of 10/16; Civil Amended and Restated Fiscal Year 2007 Service Commission of 10/13; Historic Preserva- Annual Action Plan: City Manager recommend- tion Commission 10/19; Investment Oversight ing approval of the Amended and Restated Advisory Commission of 10/26; Long Range Fiscal Year 2007 Annual Action Plan for the Planning Advisory Commission of 10/18; Park City’s Community Development Block Grant and Recreation Commission of 10/10; Zoning (CDBG) program, presented and read. Cline Board of Adjustment of 10/12, presented and moved that the communication be received and read. Cline moved that the minutes be received filed. Seconded by Jones. Motion carried 6-0. and filed. Seconded by Jones. Motion carried 6- 0. RESOLUTION NO. 520-06 APPROVING AN AMENDED AND RESTATED Proof of publication of City Council Proceed- FISCAL YEAR 2007 (PROGRAM YEAR 2006) ings of October 2, 2006, presented and read. ANNUAL ACTION PLAN-AMENDMENT 2 FOR Cline moved that the proof be received and filed. COMMUNITY DEVELOPMENT BLOCK Seconded by Jones. Motion carried 6-0. GRANT FUNDS Whereas, the City of Dubuque prepared and Printed City Council Proceedings for April, filed Annual Action Plans for Fiscal Years 2006 2006, presented and read. Cline moved that the and 2007; and proceedings be received and filed and approved Whereas, the City of Dubuque now desires to as printed. Seconded by Jones. Motion carried amend said Annual Plans by incorporating them 6-0. into one amended and restated plan as per the attached Exhibit A; and Investment Oversight Advisory Commission Whereas, said amendment is a substantial submitting the 54th Quarterly Report, presented amendment as provided in the City's Citizen and read. Cline moved that the communication Participation Plan and must therefore be ap- be received and filed. Seconded by Jones. proved by resolution of the City Council after a Motion carried 6-0. public hearing by the Community Development Advisory Commission; and Notice of Claims/Suits: Patrick Brennan for vehicle damage; Deutsche Bank National Trust Regular Session, November 6, 2006 399 RESOLUTION NO. 521-06 Whereas, the City advertised a public com- AUTHORIZING PUBLICATION OF A CON- ment period beginning September 9, 2006; and CURRENT NOTICE OF FINDING OF NO Whereas, the Community Development SIGNIFICANT IMPACT ON THE ENVIRON- Advisory Commission reviewed the proposed MENT AND NOTICE OF INTENT TO RE- amendment at a public hearing on October 11, QUEST RELEASE OF FUNDS FOR THE 2006, and has voted to approve said amend- COTTINGHAM AND BUTLER “HOUSE OF ment and to recommend approval by the City CHINA” BUILDING PROJECT. Council. NOW THEREFORE, BE IT RESOLVED BY Whereas, the City of Dubuque has received a THE CITY COUNCIL OF THE CITY OF DUBU-Community Development Block Grant (CDBG) QUE, IOWA: from the U.S. Department of Housing and Urban Section 1. That the Annual Action Plans for Development, and Fiscal Years 2006 and 2007 are hereby res- Whereas, pursuant to the rules and regulations cinded and the balance of funds from these as promulgated by the U.S. Department of plans are incorporated into an Amended and Housing and Urban Development, an environ- Restated Fiscal Year 2007 (Program Year 2006) mental review has been processed for the Annual Action Plan- Amendment 2, attached Cottingham and Butler “House of China” Build- hereto as Exhibit A. ing Project; and Section 2. That said Amended and Restated Whereas, based on said environmental review, Fiscal Year 2007 (Program Year 2006) Annual the Department of Housing and Community Plan – Amendment 2 attached hereto as Exhibit Development has determined that said project A is hereby approved. will have no significant impact on the environ- Section 3. That the City Manager is hereby ment; and authorized and directed to submit a copy of this Whereas, a concurrent notice of " Finding of resolution and Plan to the U. S. Department of No Significant Impact on the Environment" and Housing and Urban Development. of "Intent to Request Release of Funds" for said Passed, approved and adopted this 6th day of project will be sent by regular mail to various November, 2006. federal, state and local public agencies; to the Roy D. Buol, Mayor appropriate Regional Office of the Environmen- Attest: Jeanne F. Schneider, City Clerk tal Protection Agency and to the local news Cline moved adoption of the Resolution. media, individuals and groups known to be Seconded by Jones. Motion carried 6-0. interested and believed to be appropriate to receive such a notice; and Request for Residential Parking Permit Dis- Whereas, any and all comments received as a trict: Petition from the residents of Phyllrich Drive result of such notice will be duly considered requesting that Phyllrich Drive from Keymont before proceeding with a Request for Release of Street to Keystone Street be designated as a Funds and Certification. Residential Parking Permit District, presented NOW, THEREFORE, BE IT RESOLVED BY and read. Cline moved that the communication THE CITY COUNCIL OF THE CITY OF DUBU- be received and filed and referred to the City QUE, IOWA: Manager. Seconded by Jones. Motion carried 6- Section 1. That the City Clerk be and is hereby 0. authorized and directed to publish a combined Notice of Finding of No Significant Impact on the Employee Assistance Program Services: City Environment and Notice of Intent to Request Manager recommending approval of an agree-Release of Funds for the Cottingham and Butler ment with Mercy Medical Center to provide “House of China” Building Project and to make employee assistance services to City of Dubu-the Environmental Review Record for said que employees and their family members, project available for public inspection and presented and read. Cline moved that the comment until 5:00 pm on November 27, 2006. communication be received and filed and Such notice shall be in the form of Exhibit "A" recommendation approved. Seconded by Jones. attached hereto and made a part hereof. Motion carried 6-0. Section 2. That the environmental review record for the project shall be placed on file in Cottingham and Butler “House of China” the Office of the Housing and Community Building Project: City Manager recommending Development where said record may be ex- approval of a publication of combined notice of amined and copied by any interested party. finding of no significant impact on the environ- Section 3. That the Mayor of the City of ment and notice of intent to request release of Dubuque is hereby authorized and directed to funds for the Cottingham and Butler “House of submit to the U.S. Department of Housing and China” Project, presented and read. Cline Urban Development fifteen (15) days after moved that the communication be received and publication of appropriate notice a Request for filed. Seconded by Jones. Motion carried 6-0. Release of Funds to undertake the said project. 400 Regular Session, November 6, 2006 Section 4. That the Mayor of the City of Dubuque is hereby authorized to consent to Tri-State Trail Vision Request: City Manager assume the status of a responsible federal recommending that the City Council review the official under the National Environmental Protec-request from the Tri-State Trail Vision Board of tion Act, insofar as the provisions of the said Act Directors for a cost and feasibility study (esti- apply to the U.S. Department of Housing and mated at $70,800) for a hiking/biking trail along Urban Development responsibilities for review, the Middle Fork of Catfish Creek between the decision making, and action assumed and Bergfeld Recreation Area and Julien Dubuque carried out by the City of Dubuque as to envi-Drive as part of the Fiscal Year 2008 budget ronmental issues. process, presented and read. Cline moved that Section 5. That the Mayor of the City of the communication be received and filed and Dubuque is hereby authorized to consent recommendation approved. Seconded by Jones. personally, in his official capacity and on behalf Motion carried 6-0. of the City of Dubuque, to accept the jurisdiction of the federal courts if an action is brought to Friends of the Mines of Spain Request: City enforce responsibilities in relation to environ-Manager recommending approval to use mental review, decision-making and action. $30,000 from the Riverfront 2000 Plan Imple- Section 6. That the Mayor of the City of mentation CIP to support the E.B. Lyons Inter- Dubuque is and he is hereby authorized and pretive Center expansion and to provide a letter directed to execute a certification pertaining to of support, presented and read. Cline moved the environmental review procedures. that the communication be received and filed th Passed, approved and adopted this 6 day of and recommendation approved. Seconded by November 2006. Jones. Motion carried 6-0. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk State Revolving Loan Fund (SRF) Applica- Cline moved adoption of the Resolution. tions: City Manager recommending approval of Seconded by Jones. Motion carried 6-0. the submission of six applications to the Iowa Department of Natural Resources to complete Dubuque County Historical Society Lease: City construction for current projects and planning Manager recommending approval of the termi-and design work for upcoming projects, pre- nation of a Lease Agreement between the City sented and read. Cline moved that the commu- and the Dubuque County Historical Society for nication be received and filed and recommenda- the Adams Company building and site, pre-tion approved. Seconded by Jones. Motion sented and read. Cline moved that the commu-carried 6-0. nication be received and filed and recommenda- tion approved. Seconded by Jones. Motion Quarterly Investment Report: City Manager carried 6-0. submitting the September 30, 2006 Quarterly Investment Report, presented and read. Cline Mediacom Report: Kathleen McMullen, Area moved that the communication be received and Manager – Mediacom, submitting the updated filed. Seconded by Jones. Motion carried 6-0. maps of the Mediacom system and the Corpo- rate Mediacom Organizational Chart, presented Port of Dubuque Parking Lot Reconstruction and read. Cline moved that the communication and Landscaping Project: City Manager recom- be received and filed. Seconded by Jones. mending acceptance of the Port of Dubuque Motion carried 6-0. Parking Lot Reconstruction and Landscaping Project as completed by Portzen Construction, Comprehensive Plan Update: Long Range Inc., in the final contract amount of $505,398.99, Planning Advisory Commission submitting the presented and read. Cline moved that the October 2006 Comprehensive Plan Update, communication be received and filed. Seconded presented and read. Cline moved that the by Jones. Motion carried 6-0. communication be received and filed. Seconded RESOLUTION NO. 522-06 by Jones. Motion carried 6-0. ACCEPTING THE PORT OF DUBUQUE - PARKING LOT NO. 1 RECONSTRUCTION Iowa Department of Transportation: Communi- AND LANDSCAPING PROJECT cation from the Iowa Department of Transporta- Whereas, the contract for the Port of Dubuque tion providing notice of the proposal to let bridge - Parking Lot No. #1 Reconstruction and washing projects on January 17, 2007, including Landscaping Project (the Project) has been the US 20 Julien Dubuque Bridge, US 61 City completed and the City Manager has examined Island Bridge, and US 61 Peosta Channel the work and filed a certificate stating that the Bridge, presented and read. Cline moved that Project has been completed according to the the communication be received and filed. terms of the contract, plans and specifications Seconded by Jones. Motion carried 6-0. Regular Session, November 6, 2006 401 and that the City Manager recommends that the City Manager has examined the work and filed Project be accepted. his certificate stating that the same has been NOW THEREFORE, BE IT RESOLVED BY completed according to the terms of the con- THE CITY COUNCIL OF THE CITY OF DUBU-tract, plans and specifications and recommends QUE, IOWA: its acceptance. Section 1. The recommendation of the City NOW, THEREFORE, BE IT RESOLVED, BY Manager is approved and the Project is hereby THE CITY COUNCIL OF THE CITY OF DUBU- accepted. QUE, IOWA: Section 2. The City Treasurer is hereby 1. That the recommendation of the City Man- directed to pay to the contractor from Port of ager be approved and that said improvement be Dubuque Existing Lots Capital Improvement and the same is hereby accepted. Project (7001521) and Parking – Dock Facility BE IT FURTHER RESOLVED that the City Depreciation (39579260) for the contract amount Treasurer be and he is hereby directed to pay to of $505,398.99 less any retained percentage the contractor from the General Fund in amount provided for therein as provided in Iowa Code equal to the amount of his contract, less any chapter 573, and to pay such retainage only in retained percentage provided for therein. accordance with the provisions of Iowa Code Passed, approved and adopted this 6th chapter 573. day of November, 2006. Passed, approved and adopted this 6th day of Roy D. Buol, Mayor November, 2006. Attest: Jeanne F. Schneider, City Clerk Roy D. Buol, Mayor Cline moved adoption of the Resolution. Attest: Jeanne F. Schneider, CMC, City Clerk Seconded by Jones. Motion carried 6-0. Cline moved adoption of the Resolution. RESOLUTION NO. 525-06 Seconded by Jones. Motion carried 6-0. FINAL ESTIMATE RESOLUTION NO. 523-06 Whereas, the contract for the Flora Pool FINAL ESTIMATE Painting Project has been completed and the Whereas, the construction contract for the Port Engineer has submitted his final estimate of Dubuque - Parking Lot No. 1 Reconstruction showing the cost thereof including the cost of and Landscaping Project, has been completed estimates, notices and inspection and all miscel- and the City Engineer has submitted his final laneous costs; estimate showing the cost thereof including the NOW, THEREFORE, BE IT RESOLVED, BY cost of estimates, notices and inspection and all THE CITY COUNCIL OF THE CITY OF DUBU- miscellaneous costs. QUE, IOWA: NOW THEREFORE, BE IT RESOLVED BY Section 1. That the cost of said improvement is THE CITY COUNCIL OF THE CITY OF DUBU-hereby determined to be $50,350, and the said QUE, IOWA: amount shall be paid from the General Fund of Section 1. That the cost of said improvement the City of Dubuque, Iowa. is hereby determined to be $567,326.44 and the Passed, approved and adopted this 6th day of said amount shall be paid from the Port of November, 2006. Dubuque Existing Lots Capital Improvement Roy D. Buol, Mayor Project (7001521) and Parking – Dock Facility Attest: Jeanne F. Schneider, City Clerk Depreciation (39579260) of the City of Dubuque, Cline moved adoption of the Resolution. Iowa. Seconded by Jones. Motion carried 6-0. Passed, approved and adopted this 6th day of November, 2006. First Supply, LLC – Termination of Develop- Roy D. Buol, Mayor ment Agreement: City Manager recommending Attest: Jeanne F. Schneider, CMC, City Clerk approval of the request of First Supply, LLC to Cline moved adoption of the Resolution. terminate their Development Agreement with the Seconded by Jones. Motion carried 6-0. City and the proposed sale of five acres of land in the Dubuque Industrial Center West, pre- Flora Pool Painting Project: City Manager sented and read. Cline moved that the commu- recommending acceptance of the Flora Pool nication be received and filed and recommenda- Painting Project as completed by Fred Jackson tion approved. Seconded by Jones. Motion Tuckpointing, in the final contract amount of carried 6-0. $50,350, presented and read. Cline moved that the communication be received and filed. Wal-Mart – “Safe Neighborhood Heroes” Grant Seconded by Jones. Motion carried 6-0. Proposal: City Manager recommending approval of a Wal-Mart “Safe Neighborhood Heroes” RESOLUTION NO. 524-06 grant submission to the Wal-Mart Corporation ACCEPTING IMPROVEMENT for the purchase of eight digital cameras for use Whereas, the contract for the Flora Pool by patrol officers as they respond to initial calls Painting Project has been completed and the for service, presented and read. Cline moved 402 Regular Session, November 6, 2006 that the communication be received and filed Hwy 151 & 61 Development, LLC: City Man- and recommendation approved. Seconded by ager recommending approval of Amendment #1 Jones. Motion carried 6-0. to the Development Agreement between the City of Dubuque and Hwy 151 & 61 Development, School Resource Officer Agreement: City LLC to extend the deadline for the City and Manager recommending approval of a School Developer to agree on the location of the Bee Resource Officer (SRO) Agreement between the Branch storm sewer to December 31, 2006, City of Dubuque Police Department and the presented and read. Cline moved that the Dubuque Community School District for the communication be received and filed and 2006/2007 school year, presented and read. recommendation approved. Seconded by Jones. Cline moved that the communication be re-Motion carried 6-0. ceived and filed and recommendation approved. Seconded by Jones. Motion carried 6-0. Signed Contracts: GIS Software Maintenance Renewal Contract; Improvement Contract – Mini Bus Contracted Services: City Manager Century Drive Storm Sewer Repair; Proposal recommending that the contracts for mini bus for Professional Services – 11th Street Retaining service with Mt. Saint Francis, Sunnycrest, and Wall Repair; Network Services Contract; Perry Area Residential Care be transferred from Construction – Improvement Contract -- Flood- Keyline to the Regional Transportation Authority wall Improvement Projects Change Order; IIW (RTA), presented and read. Cline moved that Service Agreement; Hillcrest and Judson Streets the communication be received and filed and Walk/Ramp Project; Atlantic Street Side- recommendation approved. Seconded by Jones. walk/Driveway/Water Stop Box/Curbing Repair; Motion carried 6-0. Walk Repair Projects; City Hall Traffic Center Renovation Project; presented and read. Cline Dubuque Main Street: Certificate from Dubu-moved that the communications be received que Main Street, Ltd. recognizing Washington and filed. Seconded by Jones. Motion carried 6- Park for a Best Design/Beautification Project, 0. presented and read. Cline moved that the communication be received and filed and Improvement Contracts / Performance, Pay- thanked Dubuque Main Street. Seconded by ment and Maintenance Bonds: Crescent Com- Jones. Motion carried 6-0. munity Health Center Parking Lot Project; Asbury Road Eastbound Lane Widening Project; ArcGIS Server Grant Application: City Manag-Pyatigorsk Park Parking Lot Project; Eagle Point er recommending approval of the submission of Park Concrete Replacement Project; Eagle a grant application for the ESRI and Stratus Point Park Roofing Project, presented and read. Technologies ArcGIS Server Demonstration Cline moved that the communications be re- Project Grant Program, presented and read. ceived and filed. Seconded by Jones. Motion Cline moved that the communication be re-carried 6-0. ceived and filed and recommendation approved. Seconded by Jones. Motion carried 6-0. Liquor License Transfer: Request of P.S. I Love You, Inc. to permanently transfer their 409 Burch Street (Tabled from October 16, liquor license from 730 Main Street to 4855 2006 City Council Meeting): City Manager Asbury Plaza, Suite 1, presented and read. recommending that this item be tabled until the Cline moved that the communication be re- December 18, 2006 City Council meeting, which ceived and filed and transfer approved. would be the end of the outdoor construction Seconded by Jones. Motion carried 6-0. activity for the season, and progress on the building would be determined at that time, Business Licenses: presented and read. Cline moved that the RESOLUTION NO. 526-06 communication be received and filed and recommendation approved. Seconded by Jones. Whereas, applications for Beer Permits have Motion carried 6-0. been submitted and filed to this Council for approval and the same have been examined Skate Park: City Manager submitting informa-and approved: and tion regarding funding for a new skate park and Whereas, the premises to be occupied by such recommending that this request be considered applicants were inspected and found to comply as part of the Fiscal Year 2008 budget process, with the Ordinances of the City and have filed presented and read. Cline moved that the proper bonds. communication be received and filed. Seconded NOW, THEREFORE, BE IT RESOLVED BY by Jones. Motion carried 6-0. THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Regular Session, November 6, 2006 403 That the Manager be authorized to cause to be venelle Warehouse Development, LLC / Theisen issued the following named applicants a Beer Supply, Inc. expansion project at the Dubuque Permit. Industrial Center West, presented and read. CLASS “B” BEER Cline moved that the communication be re- J & P O’Hara Inc., Happy Joe’s Ice ceived and filed. Seconded by Jones. Motion Cream/Pizza, +(Sunday Sale), 855 Century Dr. carried 6-0. CLASS “C” BEER PERMIT RESOLUTION NO. 528-06 Molo Oil Com., Big 10 Mart+(Sunday Sale), FIXING DATE FOR A MEETING ON THE 1875 JFK Rd. PROPOSITION OF THE ISSUANCE OF NOT Hy-Vee, Inc., Hy-Vee Gas # 2+(Sunday TO EXCEED $812,000 URBAN RENEWAL Sale), 2435 NW Arterial TAX INCREMENT REVENUE NOTES OF Passed, approved and adopted this 6th day of DUBUQUE, IOWA, AND PROVIDING FOR November, 2006. PUBLICATION OF NOTICE THEREOF Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Whereas, it is deemed necessary and advisa- Cline moved adoption of the Resolution. ble that the City of Dubuque, Iowa should issue Seconded by Jones. Motion carried 6-0. Urban Renewal Tax Increment Revenue Notes to the amount of not to exceed $812,000, as RESOLUTION NO. 527-06 authorized by Section 403.9 of the Code of Whereas, applications for Liquor Licenses Iowa, for the purpose of providing funds to pay have been submitted to this Council for approval costs of carrying out a project as hereinafter and the same have been examined and ap-described; and proved; and Whereas, Section 403.9 sets forth the proce- Whereas, the premises to be occupied by such dural action required to be taken before said applicants were inspected and found to comply Urban Renewal Tax Increment Revenue Notes with the State Laws and all City Ordinances may be issued, and it is therefore necessary that relevant thereto and they have filed proper the action hereinafter described be taken and bonds. that the Clerk publish a notice of the proposal NOW, THEREFORE, BE IT RESOLVED BY and of the time and place of the meeting at THE CITY COUNCIL OF THE CITY OF DUBU-which the Council proposes to take action QUE, IOWA: thereon and to receive oral and/or written That the Manager be authorized to cause to be objections from any resident or property owner issued the following named applicants a Liquor of said City to such action. License. NOW, THEREFORE, BE IT RESOLVED BY CLASS “C” BEER/LIQUOR LICENSE THE CITY COUNCIL OF THE CITY OF DUBU- Freihage Enterprises, Inc. Joey’s Seafood & QUE, IOWA: Grill+(Sunday/Outdoor Sale) 2515 NW Arterial Section 1. That this Council meet in the Raysan Corp., Bridge Rest.+(Sunday Sale), Auditorium, Carnegie Stout Public Library, th 31 Locust St. Dubuque, Iowa at 6:30 o’clock P.M. on the 20 Point Restr., Point Restaurant+(Sunday/Outdoor day of November, 2006, for the purpose of Sale), 2370 Rhomberg taking action on the matter of the issuance of not SPECIAL CLASS “C” LIQUOR to exceed $812,000 Urban Renewal Tax Incre- PACR, Ltd., Dubuque Family Restr.+(Sunday ment Revenue Notes, the proceeds of which will Sale), 2600 Dodge be used to provide funds to pay costs of aiding CLASS “B” (WBN) NATIVE WINE in the planning, undertaking and carrying out of P.S. I Love You, P.S. I Love You, 4855 Asbury urban renewal project activities under the Rd. authority of Chapter 403 of the Code of Iowa DBQ Area Chamber, DBQ Area Chamber of and the Amended and Restated Urban Renewal Commerce, 300 Main St. Plan for the Dubuque Industrial Center Econom- Passed, approved and adopted this 6th day of ic Development District, including the funding of November, 2006. an economic development grant to Chavenelle Roy D. Buol, Mayor Warehouse Development, LLC under the terms Attest: Jeanne F. Schneider, CMC, City Clerk of a Development Agreement dated June 19, Cline moved adoption of the Resolution. 2006 by and among the City of Dubuque, Seconded by Jones. Motion carried 6-0. Chavenelle Warehouse Development, LLC and Theisen Supply, Inc. ITEMS TO BE SET FOR PUBLIC HEARING Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a Urban Renewal Tax Increment Revenue notice of said meeting, in a legal newspaper, Notes: City Manager recommending that a printed wholly in the English language, pub- public hearing be set for November 20, 2006 to lished at least once weekly, and having general consider the issuance of Urban Renewal Tax circulation in said City, said publication to be not Increment Revenue Notes to support the Cha-less than four clear days nor more than twenty 404 Regular Session, November 6, 2006 days before the date of said public meeting on the issuance of said obligations. Pine Box LLP / Washington Court, LP Agree- Section 3. The notice of the proposed action to ment: City Manager recommending that a public issue said Urban Renewal Tax Increment hearing be set for November 20, 2006 to con- Revenue Notes shall be in substantially the sider an agreement between Pine Box LLP / following form: Washington Court, LP for the exchange of NOTICE OF MEETING OF THE COUNCIL OF property for construction of parking facilities at THE CITY OF DUBUQUE, IOWA, ON THE 18th and Washington Streets, presented and MATTER OF THE PROPOSED ISSUANCE OF read. Cline moved that the communication be NOT TO EXCEED $812,000 URBAN RENEW-received and filed. Seconded by Jones. Motion AL TAX INCREMENT REVENUE NOTES OF carried 6-0. SAID CITY, AND THE HEARING ON THE RESOLUTION NO. 529-06 ISSUANCE THEREOF RESOLUTION OF INTENT TO DISPOSE OF PUBLIC NOTICE is hereby given that the CITY INTEREST IN THE SOUTH ½ OF LOT Council of the City of Dubuque, Iowa, will hold a th 157, THE NORTH ½ OF LOT 157, THE SOUTH public hearing on the 20 day of November, ½ OF LOT 158, AND THE NORTH ½ OF LOT 2006, at 6:30 o’clock P.M. in the Auditorium, 158, ALL IN EAST DUBUQUE ADDITION IN Carnegie-Stout Public Library, Dubuque, Iowa, THE CITY OF DUBUQUE, DUBUQUE COUN- at which meeting the Council proposes to take TY, IOWA AND IN THE CITY’S INTEREST IN additional action for the issuance of not to LOTS 159, 160 AND 161 IN EAST DUBUQUE, exceed $812,000 Urban Renewal Tax Increment AN ADDITION TO THE CITY OF DUBUQUE, Revenue Notes in order to provide funds to pay DUBUQUE COUNTY, IOWA, ACCORDING TO costs of aiding in the planning, undertaking and THE RECORDED PLAT THEREOF carrying out of urban renewal project activities under the authority of Chapter 403 of the Code WHEREAS, the City of Dubuque (City) is the of Iowa and the Amended and Restated Urban owner, or intends to acquire, the following Renewal Plan for the Dubuque Industrial Center described property in Dubuque, Iowa: Economic Development District, including the The South ½ of Lot 157, the North ½ of Lot 157, funding of an economic development grant to the South ½ of Lot 158, and the North ½ of Lot Chavenelle Warehouse Development, LLC 158, all in East Dubuque Addition in the City of under the terms of a Development Agreement Dubuque, Dubuque County, Iowa; and dated June 19, 2006 by and among the City of WHEREAS, Washington Court, L.P. (Washing- Dubuque, Chavenelle Warehouse Development, ton Court) and Pine Box, LLP (Pine Box) are the LLC and Theisen Supply, Inc. owners of all of the condominium units in the At the above meeting the Council shall receive Washington Court Building Horizontal Property oral or written objections from any resident or Regime as defined and established in a Declara- property owner of said City to the above action. tion of Submission to Horizontal Property Re- After all objections have been received and gime filed on February 16, 2006, as Instrument considered the Council will at this meeting or at No. 2006-2304 of the land records of Dubuque any adjournment thereof, take additional action County, Iowa; and for the issuance of said Urban Renewal Tax WHEREAS, the following described property is Increment Revenue Notes or will abandon the a part, but not all, of the land in the Washington proposal to issue said obligations. Said hearing Court Building Horizontal Property Regime, to and appeals there from shall be held in accor-wit: dance with and governed by the provisions of Lots 159, 160 and 161 in East Dubuque, an Section 403.9 of the Code of Iowa. addition to the city of Dubuque, Dubuque This notice is given by order of the Council of County, Iowa, according to the recorded plat Dubuque, Iowa, as provided by Section 403.9 of thereof; and the Code of Iowa. WHEREAS, Lots 159, 160 and 161 were th Dated this 6 day of November, 2006. designated in the Declaration of Submission to Jeanne F. Schneider, City Clerk Horizontal Property Regime to become a park- (End of Notice) ing lot, and under §2.03 of the Declaration of th Passed, approved and adopted this 6 day of Submission to Horizontal Property Regime, said November, 2006. lots are currently part of Unit B of the Washing- Roy D. Buol, Mayor ton Court Building Horizontal Property Regime, Attest: Jeanne F. Schneider, City Clerk which unit is owned by Washington Court, L.P.; Cline moved adoption of the Resolution and and set public hearing for 11/20/06 at a meeting to WHEREAS, Pine Box intends to lease Unit A commence at 6:30 P.M. in the public library of the Horizontal Property Regime to TriState auditorium and direct the City Clerk to publish Community Health (TriState) which will operate notice in the manner prescribed by law. the Crescent Community Health Center (the Seconded by Jones. Motion carried 6-0. Center) from Unit A; and Regular Session, November 6, 2006 405 WHEREAS, TriState needs additional parking meeting to commence at 6:30 P.M. in the public for the Center and City believes that the Center library auditorium and direct the City Clerk to and the acquisition of additional parking for the publish notice in the manner prescribed by law. Center would be a benefit to the citizens of the Seconded by Jones. Motion carried 6-0. City of Dubuque; and WHEREAS, City, Washington Court and Pine Oak Court – Request to Vacate: City Manager Box have negotiated an Agreement, a copy of recommending that a public hearing be set for which is now on file in the Office of the City November 20, 2006 to consider a request from Clerk, City Hall, 50 West 13th Street, Dubuque, Richard L. Harrison to vacate a portion of Oak Iowa, 52001-4864, pursuant to which City will Court at Rising Avenue, presented and read. convey the south half and the westerly 5 feet of Cline moved that the communication be re- the north ½ of the vacated alley legally de-ceived and filed. Seconded by Jones. Motion scribed as Lot 159B, and the South ½ of Lot carried 6-0. 157, the North ½ of Lot 157, the South ½ of Lot RESOLUTION NO. 530-06 158, and the North ½ of Lot 158, all in East RESOLUTION OF INTENT TO VACATE AND Dubuque Addition in the city of Dubuque, DISPOSE OF CITY INTEREST IN LOT 32A OF Dubuque County, Iowa (the City Property), to UNION ADDITION IN THE CITY OF DUBU- Washington Court, in exchange for Washington QUE, DUBUQUE COUNTY, IOWA Court and Pine Box conveying to City the North ½ of Lot 159 and Lots 160 and 161. City also Whereas, Richard L. Harrison has requested agrees to grant to Pine Box a right of first refusal the vacating and disposal of a portion of Oak in the event that City should determine that it Court at Rising Avenue; and wishes to dispose of the North ½ of Lot 159, and Whereas, William Burger, Land Surveyor, has Lots 160 and 161; and prepared and submitted to the City Council a WHEREAS, the City Council of the City of plat showing the vacated portion of Oak Court at Dubuque has determined that approval of the Rising Avenue and assigned a lot number Agreement is in the public interest. thereto, which hereinafter shall be known and NOW THEREFORE, BE IT RESOLVED BY described as Lot 32A of Union Addition in the THE CITY COUNCIL OF THE CITY OF DUBU-City of Dubuque, Dubuque County, Iowa, should QUE, IOWA: be approved. Section 1. That the City of Dubuque intends to NOW THEREFORE, BE IT RESOLVED BY dispose of its interest in the south half and the THE CITY COUNCIL OF THE CITY OF DUBU- westerly 5 feet of the north ½ of the vacated QUE, IOWA: alley legally described as Lot 159B, and the Section 1. That the City of Dubuque intends to South ½ of Lot 157, the North ½ of Lot 157, the vacate and dispose of its interest in Lot 32A of South ½ of Lot 158, and the North ½ of Lot 158, Union Addition in the City of Dubuque, Dubuque all in East Dubuque Addition in the City of County, Iowa. Dubuque, Dubuque County, Iowa, and the North Section 2. That the conveyance of Lot 32A of ½ of Lot 159, and Lots 160 and 161, as set forth Union Addition in the City of Dubuque, Dubuque in the Agreement. County, Iowa to Richard L. Harrison be contin- Section 2. That the conveyance of the south gent upon the payment of $300, plus platting, half and the westerly 5 feet of the north ½ of the publication and filing fees. vacated alley legally described as Lot 159B, and Section 3. That the City Clerk be and is hereby the South ½ of Lot 157, the North ½ of Lot 157, authorized and directed to cause a notice of the South ½ of Lot 158, and the North ½ of Lot intent to vacate and dispose of said real estate 158, all in East Dubuque Addition in the City of to be published in the manner as prescribed by Dubuque, Dubuque County, Iowa, to Washing-law. ton Court be contingent upon the exchange of Passed, approved and adopted this 6th day of the North ½ of Lot 159 and Lots 160 and 161, November, 2006. plus platting, publication, and filing fees as Roy D. Buol, Mayor outlined in an Agreement by and among the City Attest: Jeanne F. Schneider, CMC, City Clerk of Dubuque, Iowa, Washington Court, LP, and Cline moved adoption of the Resolution and Pine Box LLLP. set this for public hearing on 11/20/06 at a Section 3. That the City Clerk be and is hereby meeting to commence at 6:30 P.M. in the public authorized and directed to cause a notice of library auditorium and direct the City Clerk to intent to dispose of said real estate to be pub-publish notice in the manner prescribed by law. lished in the manner as prescribed by law. Seconded by Jones. Motion carried 6-0. Passed, approved and adopted this 6th day of November, 2006. Port of Dubuque Storm Sewer – 5th and Bell Roy D. Buol, Mayor Street Project: City Manager recommending Attest: Jeanne F. Schneider, CMC, City Clerk initiation of the public bidding process for the Cline moved adoption of the Resolution and Port of Dubuque Storm Sewer – 5th and Bell set this for public hearing on 11/20/06 at a Street Construction Project and setting a public 406 Regular Session, November 6, 2006 RESOLUTION NO. 533-06 hearing for December 4, 2006, presented and ORDERING BIDS read. Cline moved that the communication be received and filed. Seconded by Jones. Motion NOW THEREFORE, BE IT RESOLVED BY carried 6-0. THE COUNCIL OF THE CITY OF DUBUQUE, Start IOWA: RESOLUTION NO. 531-06 That the Port of Dubuque Storm Sewer Im- PRELIMINARY APPROVAL OF PLANS AND provements – Phase V Project is hereby ordered SPECIFICATIONS to be advertised for bids for construction. NOW THEREFORE, BE IT RESOLVED BY BE IT FURTHER RESOLVED, that the amount THE CITY COUNCIL OF THE CITY OF DUBU-of the security to accompany each bid shall be in QUE, IOWA: an amount which shall conform to the provisions That the proposed plans, specifications, form of the Notice to Bidders hereby approved as a of contract and estimated cost for the Port of part of the plans and specifications heretofore Dubuque Storm Sewer Extension – Phase V adopted. Project, in the estimated amount $205,221.00 That the City Clerk is hereby directed to are hereby approved and ordered filed in the advertise for bids for the construction of the office of the City Clerk for public inspection. improvements herein provided, to be published Passed, adopted and approved this 6th day of in a newspaper having general circulation in the November, 2006. City of Dubuque, Iowa, which notice shall not be Roy D. Buol, Mayor less than four days nor more than forty-five days Attest: Jeanne F. Schneider, CMC, City Clerk prior to the receipt of said bids at 2:00 p.m. on Cline moved adoption of the Resolution. the 21st day of November, 2006. Bids shall be Seconded by Jones. Motion carried 6-0. opened and read by the City Clerk at said time and will be submitted to the Council for final RESOLUTION NO. 532-06 action at 6:30 p.m. on the 4th day of December, FIXING DATE OF HEARING ON PLANS AND 2006. SPECIFICATIONS Passed, adopted and approved this 6th day of Whereas, the City Council of the City of November, 2006. Dubuque, Iowa has given its preliminary ap-Roy D. Buol, Mayor proval on the proposed plans, specifications, Attest: Jeanne F. Schneider, CMC, City Clerk and form of contract and placed same on file in Cline moved adoption of the Resolution. the office of the City Clerk for public inspection Seconded by Jones. Motion carried 6-0. of the Port of Dubuque Storm Sewer Extension BOARDS/COMMISSIONS – Phase V Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- Applicants are invited to address the Council QUE, IOWA: regarding their desire to serve on the following That a public hearing will be held on the 4th Commission: day of December, 2006, at 6:30 p.m. in the Housing Commission (One Unexpired three- Public Library Auditorium at which time interest-year term through 8/17/08) Applicant: Linda ed persons may appear and be heard for or Frommelt No one spoke. against the proposed plans and specifications, form of contract and cost of said improvement, Appointments to the following Commission: and the City Clerk be and is hereby directed to Human Rights Commission (Two unexpired cause a notice of time and place of such hearing terms - terms of Loney and Gassman) Appli- to be published in a newspaper having general cants: Patricia Foster, Katrina Wilberding, Gretel circulation in the City of Dubuque, Iowa, which Winterwood Vote on the appointments was as notice shall be not less than four days nor more follows: Cline voted for Foster and Wilberding. than twenty days prior to the day fixed for its Jones voted for Wilberding and Winterwood. consideration. At the hearing, any interested Lynch voted for Foster and Wilberding. Michalski person may appear and file objections to the voted for Foster and Wilberding. Braig voted for proposed plans, specifications, contract, or Foster and Winterwood. Buol voted for Foster estimated cost of the improvement. and Wilberding. Therefore, Patricia Foster Passed, adopted and approved this 6th day of appointed to the term expiring 1/1/08 and November, 2006. Katrina Wilberding appointed to the term expir- Roy D. Buol, Mayor ing 1/1/09. Attest: Jeanne F. Schneider, CMC, City Clerk PUBLIC HEARINGS Cline moved adoption of the Resolution. Seconded by Jones. Motion carried 6-0. Michalski moved that the rules be suspended to allow anyone present to address the Council. Seconded by Jones. Motion carried 6-0. Regular Session, November 6, 2006 407 Individual Historic Designation – 565 Fenelon Oral Arts, Inc.) and a Development Agreement Place: Proof of publication on notice of hearing between the City of Dubuque and P & L Ven- and Long Range Planning Advisory Commission ture, LLC (National Dentex – Oral Arts, Inc.) and recommending approval of the Individual Histor-City Manager recommending approval, pre- ic Designation of 565 Fenelon Place and com-sented and read. Cline moved that the proof and munication from the State Historical Society of communication be received and filed. Seconded Iowa providing comments on the proposed by Jones. Motion carried 6-0. individual historic designation of 565 Fenelon Place, presented and read. Cline moved that Phil Mihalakis spoke and thanked the staff and the communication be received and filed and others for this project. recommendation approved. Seconded by Jones. RESOLUTION NO. 534-06 Motion carried 6-0. APPROVING A DEVELOPMENT AGREEMENT PROVIDING FOR THE SALE OF LOT 1 OF Residential Parking Permit District: Proof of LOT B DUBUQUE INDUSTRIAL CENTER publication on notice of hearing to consider WEST 6TH ADDITION TO P & L VENTURE, approval of a request to establish a Residential LLC. Parking Permit District on Hansel Drive between Keystone Drive and Keymont Drive and City Whereas, the City Council, by Resolution No. Manager recommending approval and commu-509-06, dated October 16, 2006, declared its nication from David Olson, Principal of intent to enter into a Development Agreement Hempstead High School, regarding the request with P & L Venture, LLC for the sale of Lot 1 of for a Residential Parking Permit District, pre-Lot B, Dubuque Industrial Center West 6th sented and read. Cline moved that the proof Addition (the Property); and and communications be received and filed. Whereas, pursuant to published notice, a Seconded by Jones. Motion carried 6-1 with public hearing was held on the proposed dispo- Michalski voting Nay. sition on November 6, 2006 at 6:30 p.m. at the Kim Ruhter, 2065 Admiral, spoke objecting to Carnegie-Stout Public Library Auditorium, 360 residential parking permit districts and requested W. 11th Street, Dubuque, Iowa; and consideration of parking on one side only. Whereas, it is the determination of the City William Thill, 1862 Hansel Drive, spoke stating Council that approval of the Development the School Board needs to address this prob-Agreement for the sale to and development of lem. the Property by P & L Venture, LLC and National Shannon Mussman, 1885 Hansel Drive, spoke Dentex (Oral Art’s, Inc.) according to the terms in support of the proposed residential parking and conditions set out in the Development permit district. Agreement is in the public interest of the City of Helen Shaben, 1875 Hansel Drive, spoke of Dubuque. concerns with the narrow street and winter’s NOW, THEREFORE, BE IT RESOLVED BY snow and ice problems. THE CITY COUNCIL OF THE CITY OF DUBU- Brian Tschiggfrie, 1870 Hansel Drive, spoke QUE, IOWA: objecting to student parking on this narrow Section 1. That the attached Development street. Agreement by and between the City of Dubuque An Ordinance Establishing a Residential and P & L Venture, LLC and National Dentex Parking Permit District on Hansel Drive from (Oral Art’s, Inc.) for the sale of the Property is Keystone Drive to Keymont Drive, presented hereby approved. and read. Section 2. That the Mayor is hereby autho- Cline moved that the requirement that a rized and directed to execute the Development proposed Ordinance be considered and voted Agreement on behalf of the City and City Clerk on for passage at two Council Meetings prior to is authorized and directed to attest to his signa- the meeting at which it is to be finally passed be ture. suspended and moved final consideration and Section 3. That the Mayor and City Clerk are passage of the Ordinance. Seconded by Jones. hereby authorized and directed to execute and Motion failed due to following vote: Yeas--Buol, deliver a Special Warranty Deed for the Property Lynch. Nays—Braig, Cline, Jones, Michalski. as provided in the Development Agreement. Jones moved that this be considered the first Section 4. That the City Manager is authorized reading of the Ordinance. Seconded by Braig. to take such actions as are necessary to comply Motion carried 5-1 with Michalski voting Nay. with the terms of the Development Agreement as herein approved. P & L Venture, LLC (National Dentex - Oral Passed, approved and adopted this 6th day of Arts, Inc.) Land Sale and Development Agree-November, 2006. ment: Proof of publication on notice of hearing to Roy D. Buol, Mayor consider the sale of approximately three (3) Attest: Jeanne F. Schneider, City Clerk acres of land in the Dubuque Industrial Center West to P & L Venture, LLC (National Dentex – 408 Regular Session, November 6, 2006 Cline moved adoption, as amended, of the fund type and activity that supports this resolu- Resolution. Seconded by Jones. Motion carried tion which was considered at that hearing. Continued 6-0. () Crescent Community Health Center – Request to Vacate: Proof of publication of notice of hearing to consider approval of a request to vacate and dispose of the alley between Wash- ington Street and Elm Street from 17th to 18th Streets as requested by John Gronen, representing Pine Box, LLLP and Washington Court, LP, a Resolution Approving plat of pro- posed vacated alley between Washington Street and Elm Street from 17th Street to 18th Street; a Resolution Vacating an alley between Washing- ton Street and Elm Street from 17th Street to 18th Street; and a Resolution Disposing of City interest in Lot 159B of “East Dubuque” an addition in the City of Dubuque, Dubuque County, Iowa, presented and read. Upon completion of the public hearing Mi- chalski moved to table action on this item. Seconded by Cline. Motion carried 6-0. Fiscal Year 2007 Budget Amendment: Proof of publication on notice of hearing to consider the Fiscal Year 2007 First Budget Amendment and City Manager recommending approval, pre- sented and read. Cline moved that the proof and communication be received and filed. Seconded by Jones. Motion carried 6-0 CITY BUDGET AMENDMENT AND CERTIFI- CATION RESOLUTION To the Auditor of Dubuque County, Iowa The City Council of Dubuque in said Coun- ty/Counties met on November 6, 2006, at the place and hour set in the notice, a copy of which accompanies this certificate and is certified as to publication. Upon taking up the proposed amendment, it was considered and taxpayers were heard for and against the amendment. The Council, after hearing all taxpayers wishing to be heard and considering the statements made by them, gave final consideration to the proposed amendment(s) to the budget and modifications proposed at the hearing, if any. Thereupon, the following resolution was intro- duced: RESOLUTION NO. 535-06 A RESOLUTION AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2007. (AS AMENDED LAST ON --- ) Be it resolved by the Council of the City of Dubuque, Section 1. Following notice published and the public hearing held, November 6, 2006, the current budget (as previously amended) is amended as set out herein and the detail by Regular Session, November 6, 2006 409 31-288 Total Budget Total Budget as certified Current after Current or last amended Amendment Amendment Revenues & Other Financing Sources Taxes Levied on Property 1 16,420,969 0 16,420,969 Less: Uncollected Property Taxes-Levy Year 2 0 0 0 Net Current Property Taxes 3 16,420,969 0 16,420,969 Delinquent Property Taxes 4 0 0 0 TIF Revenues 5 4,296,807 0 4,296,807 Other City Taxes 6 10,737,123 0 10,737,123 Licenses & Permits 7 3,167,556 0 3,167,556 Use of Money and Property 8 16,284,827 -39,895 16,244,932 Intergovernmental 9 20,765,305 15,252,556 36,017,861 Charges for Services 10 22,586,785 58,724 22,645,509 Special Assessments 11 372,000 1,095,923 1,467,923 Miscellaneous 12 4,548,141 908,703 5,456,844 Other Financing Sources 13 30,201,185 7,161,353 37,362,538 Total Revenues and Other Sources 14 129,380,698 24,437,364 153,818,062 Expenditures & Other Financing Uses Public Safety 15 20,442,318 265,322 20,707,640 Public Works 16 10,353,232 581,350 10,934,582 Health and Social Services 17 852,098 134,335 986,433 Culture and Recreation 18 8,087,043 180,618 8,267,661 Community and Economic Development 19 8,278,372 354,649 8,633,021 General Government 20 4,860,656 191,132 5,051,788 Debt Service 21 3,136,728 0 3,136,728 Capital Projects 22 20,586,924 22,146,373 42,733,297 Total Government Activities Expenditures 23 76,597,371 23,853,779 100,451,150 Business Type / Enterprises 24 32,301,549 19,381,023 51,682,572 Total Gov Activities & Business Expenditures 25 108,898,920 43,234,802 152,133,722 Transfers Out 26 24,626,835 6,521,615 31,148,450 Total Expenditures/Transfers Out 27 133,525,755 49,756,417 183,282,172 Excess Revenues & Other Sources Over (Under) Expenditures/Transfers Out Fiscal Year 28 -4,145,057 -25,319,053 -29,464,110 Continuing Appropria- tion 29 0 N/A 0 Beginning Fund Balance July 1 30 14,869,205 25,319,053 40,188,258 Ending Fund Balance June 30 31 10,724,148 0 10,724,148 th Passed this 6 day of November, 2007. /s/ Roy D. Buol, Mayor /s/ Jeanne F. Schneider, CMC City Clerk/Finance Officer 410 Regular Session, November 6, 2006 Cline moved adoption of the Resolution. NOW THEREFORE, BE IT RESOLVED BY Seconded by Jones. Motion carried 6-0. THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Schmitt Memorial Concrete Project: Proof of That the said plans, specifications, form of publication on notice of hearing to consider the contract and estimated cost are hereby ap- Schmitt Memorial Concrete Project and City proved as the plans, specifications, form of Manager recommending that the one bid re-contract and estimated cost for said improve- ceived for the project be rejected and the project ments for said project. rebid at a later date, presented and read. Passed, adopted and approved this 6th day of Michalski moved that the proof and communica-November, 2006. tion be received and filed. Seconded by Jones. Roy D. Buol, Mayor Motion carried 6-0. Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. RESOLUTION NO. 536-06 Seconded by Jones. Motion carried 6-0. REJECTING THE CONTRACT BID PROPOS- AL FOR THE SCHMITT MEMORIAL CON-RESOLUTION NO. 538-06 CRETE PROJECT AWARDING CONSTRUCTION CONTRACT FOR THE VILLA STREET RETAINING WALL - Whereas, a sealed proposal was submitted by ORNAMENTAL RAILING PROJECT a contractor for the Schmitt Memorial Concrete Project, pursuant to Resolution No. 490-06 and Whereas, sealed proposals have been submit- notice to bidders published in a newspaper ted by contractors for the Villa Street Retaining published in the City of Dubuque, Iowa, on the Wall - Ornamental Railing Project pursuant to 6th day of October, 2006; and Resolution No. and notice to bidders published Whereas, the sealed proposals were opened in a newspaper published in the City of Dubu- and read by the City Clerk on the 19th day of que, Iowa on the 6th day of October, 2006. October, 2006. Whereas, said sealed proposals were opened NOW THEREFORE, BE IT RESOLVED BY and read on the 26th day of October, 2006, and THE CITY COUNCIL OF THE CITY OF DUBU-it has been determined that the bid of Becker & QUE, IOWA: Sons Stone Co., Inc. of Dubuque, Iowa, in the Section 1. The bid proposal received for the amount of $104,755.40 was the lowest bid for Schmitt Memorial Concrete Project is hereby the furnishings of all labor and materials and rejected. performing the work as provided for in the plans th Passed, adopted and approved this 6 day of and specifications. November, 2006. NOW THEREFORE, BE IT RESOLVED BY Roy D. Buol, Mayor THE CITY COUNCIL OF THE CITY OF DUBU- Attest: Jeanne F. Schneider, CMC, City Clerk QUE, IOWA: Michalski moved adoption of the Resolution. That the contract for the above improvement Seconded by Jones. Motion carried 6-0. be awarded to Becker & Sons Stone Co., Inc. and the Manager be and is hereby directed to Villa Street Retaining Wall – Ornamental execute a contract on behalf of the City of Railing Project: Proof of publication on notice of Dubuque for the complete performance of the hearing to consider the Villa Street Retaining work. Wall – Ornamental Railing Project and City BE IT FURTHER RESOLVED: Manager recommending award of the contract to That upon the signing of said contract and the Becker & Sons Stone Company, Inc., in the approval of the contractor’s bond, the City amount of $104,755.40, presented and read. Treasurer is authorized and instructed to return Cline moved that the proof and communication the bid deposits of the unsuccessful bidders. be received and filed. Seconded by Jones. Passed, approved and adopted this 6th day of Motion carried 6-0. November, 2006. Roy D. Buol, Mayor RESOLUTION NO. 537-06 Attest: Jeanne F. Schneider, CMC, City Clerk ADOPTING PLANS AND SPECIFICATIONS Cline moved adoption of the Resolution. Whereas, on the 27th day of September, 2006, Seconded by Jones. Motion carried 6-0. plans, specifications, form of contract and RESOLUTION NO. 539-06 estimated cost were filed with the City Clerk of APPROVING CONSTRUCTION CONTRACT Dubuque, Iowa for the Villa Street Retaining WITH BECKER & SONS STONE CO., INC. Wall - Ornamental Railing Project. FOR THE VILLA STREET RETAINING WALL - Whereas, notice of hearing on plans, specifica- ORNAMENTAL RAILING PROJECT tions, form of contract, and estimated cost was published as required by law. Whereas the City Council by Resolution No. 538-06 awarded the construction contract for the Regular Session, November 6, 2006 411 Villa Street Retaining Wall - Ornamental Railing Passed, adopted and approved this 6th day of Project to Becker & Sons Stone Co., Inc.; and November, 2006. Whereas Becker & Sons Stone Co., Inc. has Roy D. Buol, Mayor submitted the attached executed contract and Attest: Jeanne F. Schneider, CMC, City Clerk bond. Michalski moved adoption of the Resolution. NOW THEREFORE, BE IT RESOLVED BY Seconded by Lynch. Motion carried 6-0. THE CITY COUNCIL OF THE CITY OF DUBU- RESOLUTION NO. 541-06 QUE, IOWA: AWARDING CONTRACT FOR THE US 20 1. The contract and bond attached hereto are (DEVON DRIVE TO MENARDS) CAPACITY hereby approved. IMPROVEMENTS PROJECT – PHASE I, 2. The City Manager is hereby authorized and TRAFFIC SIGNAL AND INTELLIGENT directed to execute the contract on behalf of the TRANSPORTATION SYSTEM IMPROVE- City of Dubuque. MENTS (STP-A-020-9(186)—22-31 Passed, approved and adopted this 6th day of ) November, 2006. Whereas, said sealed proposals were opened Roy D. Buol, Mayor and read on the 17th day of October, 2006, by Attest: Jeanne F. Schneider, CMC, City Clerk the Iowa Department of Transportation (Iowa Cline moved adoption of the Resolution. DOT) and it has been determined that the bid of Seconded by Jones. Motion carried 6-0. Volkens Excavating, Inc. of Dyersville, Iowa, in the amount of $189,855.00 was the lowest bid Eagle Point Bluff Scaling and Tree Removal for the furnishings of all labor and materials and Project: Proof of publication on notice of hearing performing the work as provided for in the plans to consider the Eagle Point Bluff Scaling and and specifications. Tree Removal Project and City Manager advis- NOW THEREFORE, BE IT RESOLVED BY ing that no bids were received and that the THE CITY COUNCIL OF THE CITY OF DUBU- project will be reviewed and rebid at a later date, QUE, IOWA: presented and read. Cline moved that the proof That the contract for the above improvement and communication be received and filed. be awarded to Volkens Excavating, Inc., subject Seconded by Jones. Motion carried 6-0. to the concurrence by Iowa Department of Transportation (Iowa DOT), and the Manager be US 20 (Devon Drive to Menards) Capacity and is hereby directed to execute a contract on Improvements Project: Proof of publication on behalf of the City of Dubuque for the complete notice of hearing to consider the US 20 (Devon performance of the work. Drive to Menards) Capacity Improvements Passed, approved and adopted this 6th day of Project and City Manager recommending award November, 2006. of the contract to Volkens Excavating, Inc., in Roy D. Buol, Mayor the amount of $189,855, presented and read. Attest: Jeanne F. Schneider, CMC, City Clerk Michalski moved that the proof and communica- Michalski moved adoption of the Resolution. tion be received and filed. Seconded by Lynch. Seconded by Lynch. Motion carried 6-0. Motion carried 6-0. RESOLUTION NO. 542-06 RESOLUTION NO. 540-06 APPROVING CONSTRUCTION CONTRACT ADOPTING PLANS AND SPECIFICATIONSWITH VOLKENS EXCAVATING, INC. FOR THE US 20 (DEVON DRIVE TO MENARDS) Whereas, on the 27th day of September, 2006, CAPACITY IMPROVEMENTS PROJECT – plans, specifications, form of contract and PHASE I, TRAFFIC SIGNAL AND INTELLI- estimated cost were filed with the City Clerk of GENT TRANSPORTATION SYSTEM IMPRO- Dubuque, Iowa for the US 20 (Devon Drive to VEMENTS (STP-A-020-9(186)—22-31) Menards) Capacity Improvements Project – Phase I, Traffic Signal and Intelligent Transpor- Whereas the City Council by Resolution No. tation System Improvements (STP-A-020-541-06 awarded the construction contract for the 9(186)—22-31); and, US 20 (Devon Drive to Menards) Capacity Whereas, notice of hearing on plans, specifica-Improvements Project – Phase I, Traffic Signal tions, form of contract, and estimated cost was and Intelligent Transportation System Improve- published as required by law. ments (STP-A-020-9(186)—22-31) to Volkens NOW THEREFORE, BE IT RESOLVED BY Excavating, Inc.; and THE CITY COUNCIL OF THE CITY OF DUBU- Whereas Volkens Excavating, Inc. has submit- QUE, IOWA: ted the attached executed contract and bond. That the said plans, specifications, form of NOW THEREFORE, BE IT RESOLVED BY contract and estimated cost are hereby ap-THE CITY COUNCIL OF THE CITY OF DUBU- proved as the plans, specifications, form of QUE, IOWA: contract and estimated cost for said improve- 1. The contract and bond attached hereto are ments for said project. hereby approved. 412 Regular Session, November 6, 2006 2. The City Manager is hereby authorized and NOW THEREFORE, BE IT RESOLVED BY directed to execute the contract on behalf of the THE CITY COUNCIL OF THE CITY OF DUBU- City of Dubuque. QUE, IOWA: Passed, approved and adopted this 6th day of That the contract for the above improvement November, 2006. be awarded to Portzen Construction and the Roy D. Buol, Mayor Manager be and is hereby directed to execute a Attest: Jeanne F. Schneider, CMC, City Clerk contract on behalf of the City of Dubuque for the Michalski moved adoption of the Resolution. complete performance of the work. Seconded by Lynch. Motion carried 6-0. BE IT FURTHER RESOLVED: That upon the signing of said contract and the City Hall - First Floor Restroom Remodel approval of the contractor’s bond, the City Project: Proof of publication on notice of hearing Treasurer is authorized and instructed to return to consider the City Hall – First Floor Restroom the bid deposits of the unsuccessful bidders. Remodel Project and City Manager recommend- Passed, approved and adopted this 6th day of ing award of the contract to Portzen Construc-November, 2006. tion, Inc., in the amount of $76,828, presented Roy D. Buol, Mayor and read. Cline moved that the proof and Attest: Jeanne F. Schneider, CMC, City Clerk communication be received and filed. Seconded Cline moved adoption of the Resolution. by Jones. Motion carried 6-0. Seconded by Jones. Motion carried 6-0. RESOLUTION NO. 543-06 RESOLUTION NO. 545-06 ADOPTING PLANS AND SPECIFICATIONSAPPROVING CONSTRUCTION CONTRACT WITH PORTZEN CONSTRUCTION FOR THE Whereas, on October 6, 2006, plans, specifi- CITY HALL—FIRST FLOOR RESTROOM cations, form of contract and estimated cost RENOVATIONS were filed with the City Clerk of Dubuque, Iowa for the City Hall–1st Floor Restroom Renova- Whereas the City Council by Resolution No. tions. 544-06 awarded the construction contract for the Whereas, notice of hearing on plans, specifica-City Hall—First Floor Restroom Renovations to tions, form of contract, and estimated cost was Portzen Construction; and published as required by law. Whereas Portzen Construction has submitted NOW THEREFORE, BE IT RESOLVED BY the attached executed contract and bond. THE CITY COUNCIL OF THE CITY OF DUBU- NOW THEREFORE, BE IT RESOLVED BY QUE, IOWA: THE CITY COUNCIL OF THE CITY OF DUBU- That the said plans, specifications, form of QUE, IOWA: contract and estimated cost are hereby ap- 1. The contract and bond attached hereto are proved as the plans, specifications, form of hereby approved. contract and estimated cost for said improve- 2. The City Manager is hereby authorized and ments for said project. directed to execute the contract on behalf of the Passed, approved and adopted this 6th day of City of Dubuque. November, 2006. Passed, approved and adopted this 6th day of Roy D. Buol, Mayor November, 2006. Attest: Jeanne F. Schneider, CMC, City Clerk Roy D. Buol, Mayor Cline moved adoption of the Resolution. Attest: Jeanne F. Schneider, CMC, City Clerk Seconded by Jones. Motion carried 6-0. Cline moved adoption of the Resolution. Seconded by Jones. Motion carried 6-0. RESOLUTION NO. 544-06 AWARDING CONSTRUCTION CONTRACT University Avenue Embankment Stabilization FOR THE CITY HALL—FIRST FLOOR RE- Project: Proof of publication on notice of hearing STROOM RENOVATIONS to consider the University Avenue Embankment Whereas, sealed proposals have been submit-Stabilization Project and City Manager recom- ted by contractors for the City Hall—First Floor mending award of the contract to Connolly Restroom Renovations pursuant to Resolution Construction, Inc. in the amount of $305,082.40, No. 06-487 and notice to bidders published in a presented and read. Cline moved that the proof newspaper published in the City of Dubuque, and communication be received and filed. Iowa on the 6th day of October, 2006. Seconded by Lynch. Motion carried 6-0. Whereas, said sealed proposals were opened RESOLUTION NO. 546-06 and read on the 31st day of October, 2006, and ADOPTING PLANS AND SPECIFICATIONS it has been determined that the bid of Portzen Construction of Dubuque, Iowa, in the amount of Whereas, on the 27th day of September, 2006, $76,828 was the lowest bid for the furnishings of plans, specifications, form of contract and all labor and materials and performing the work estimated cost were filed with the City Clerk of as provided for in the plans and specifications. Dubuque, Iowa for the University Avenue Regular Session, November 6, 2006 413 Embankment Stabilization Project (Iowa DOT Whereas Connolly Construction, Inc. has No. ER 2100 (636) -- 8R-31); and submitted the attached executed contract and Whereas, notice of hearing on plans, specifica-bond. tions, form of contract, and estimated cost was NOW THEREFORE, BE IT RESOLVED BY published as required by law. THE CITY COUNCIL OF THE CITY OF DUBU- NOW THEREFORE, BE IT RESOLVED BY QUE, IOWA: THE CITY COUNCIL OF THE CITY OF DUBU- 1. The contract and bond attached hereto are QUE, IOWA: hereby approved. That the said plans, specifications, form of 2. The City Manager is hereby authorized and contract and estimated cost are hereby ap-directed to execute the contract on behalf of the proved as the plans, specifications, form of City of Dubuque. contract and estimated cost for said improve- Passed, approved and adopted this 6th day of ments for said project. November, 2006. Passed, adopted and approved this 6th day of Roy D. Buol, Mayor November, 2006. Attest: Jeanne F. Schneider, CMC, City Clerk Roy D. Buol, Mayor Cline moved adoption of the Resolution. Attest: Jeanne F. Schneider, CMC, City Clerk Seconded by Lynch. Motion carried 6-0. Cline moved adoption of the Resolution. Seconded by Lynch. Motion carried 6-0. Michalski moved that the rules be reinstated limiting discussion to the Council. Seconded by RESOLUTION NO. 547-06 Braig. Motion carried 6-0. AWARDING CONTRACT FOR THE UNIVER- SITY AVENUE EMBANKMENT STABILIZA-ACTION ITEMS TION PROJECT (IOWA DOT NO. ER 2100 (636) -- 8R-31 ) Key City Subdivision – Final Plat: City Manag- Whereas, said sealed proposals were opened er recommending approval of the final plat of and read on the 17th day of October, 2006, by Key City Subdivision in Dubuque County, the Iowa Department of Transportation (Iowa presented and read. Cline moved that the DOT) and it has been determined that the bid of communication be received and filed. Seconded Connolly Construction, Inc. of Peosta, Iowa, in by Lynch. Motion carried 6-0. the amount of $305,082.40 was the lowest RESOLUTION NO. 549-06 responsible bid for the furnishings of all labor APPROVING THE FINAL PLAT OF KEY CITY and materials and performing the work as SUBDIVISION IN DUBUQUE COUNTY, IOWA provided for in the plans and specifications. NOW THEREFORE, BE IT RESOLVED BY Whereas, there has been filed with the City THE CITY COUNCIL OF THE CITY OF DUBU-Clerk a final plat of Key City Subdivision; and QUE, IOWA: Whereas, the preliminary plat has been That the contract for the above improvement examined by the Zoning Advisory Commission be awarded to Connolly Construction, Inc., and has its approval endorsed thereon, with the subject to the concurrence by Iowa Department waiver of Article IV, Design and Improvement of Transportation (Iowa DOT), and the Manager Standards of the Subdivision Regulations, be and is hereby directed to execute a contract except for Section 42-29; and on behalf of the City of Dubuque for the com- Whereas, said final plat has been reviewed by plete performance of the work. the City Planner and had her approval endorsed Passed, approved and adopted this 6th day of thereon; and November, 2006. Whereas, said final plat has been examined by Roy D. Buol, Mayor the City Council and they find that it conforms to Attest: Jeanne F. Schneider, CMC, City Clerk the statutes and ordinances relating thereto. Cline moved adoption of the Resolution. NOW THEREFORE, BE IT RESOLVED BY Seconded by Lynch. Motion carried 6-0. THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: RESOLUTION NO. 548-06 Section 1. That the City Council hereby waives APPROVING CONSTRUCTION CONTRACT Article IV, Design and Improvement Standards WITH CONNOLLY CONSTRUCTION, INC. of the Subdivision Regulations, except for FOR THE UNIVERSITY AVENUE EMBANK- Section 42-19, Blocks and Lots. MENT STABILIZATION PROJECT (IOWA DOT Section 2. That the final plat of Key City NO. ER 2100 (636) -- 8R-31 )Subdivision is hereby approved and the Mayor Whereas the City Council by Resolution No. and City Clerk are hereby authorized and 547-06 awarded the construction contract for the directed to endorse the approval of the City of University Avenue Embankment Stabilization Dubuque, Iowa upon said subdivision plat. Project (Iowa DOT No. ER 2100 (636) -- 8R-31) Passed, approved and adopted this 6th day of to Connolly Construction, Inc.; and November 2006. Roy D. Buol, Mayor 414 Regular Session, November 6, 2006 Attest: Jeanne F. Schneider, City Clerk able Design Assessment Team Program and Cline moved adoption of the Resolution. requesting approval of a work session on Seconded by Lynch. Motion carried 6-0. November 20, 2006 at 5:00 P.M. to discuss the application, presented and read. Cline moved Cable Franchise Agreement Amendment: City that the communication be received and filed Manager recommending approval of an and approved recommendation. Seconded by amendment to the Cable Franchise Agreement Braig. Motion carried 6-0. to allow some flexibility in determining I-Net connection deadlines on a case-by-case basis, Annexation Study Update: City Manager presented and read. Jones moved that the recommending that the work session on the communication be received and filed. Seconded Annexation Study Update be changed from by Braig. Motion carried 6-0. November 13 to December 11, 2006 at 5:00 p.m., presented and read. Cline moved that the An Ordinance approving the second amend-communication be received and filed and ment to the Cable Franchise Agreement be-recommendation approved. Seconded by Jones. tween the City of Dubuque, Iowa and MCC Motion carried 6-0. Iowa, LLC, presented and read. Ethanol and Biodiesel Plants: City Manager OFFICIAL PUBLICATION recommending that the six month moratorium on ORDINANCE NO. 68 -06 the construction of ethanol and biodiesel plants APPROVING THE SECOND AMENDMENT TO be extended for an additional six months, THE CABLE FRANCHISE AGREEMENT presented and read. Michalski moved that the BETWEEN THE CITY OF DUBUQUE, IOWA communication be received and filed. Seconded AND MCC IOWA, LLC by Jones. Motion carried 6-0. WHEREAS, on May 2, 2005, the City Council adopted Ordinance No. 28-05 approving a Cable An Ordinance Amending the City of Dubuque Franchise Agreement between the City of Code of Ordinances Section 11-58.6 Moratorium Dubuque, Iowa (City) and MCC Iowa, LLC on the Construction of Ethanol Plants, Ethanol (Mediacom); and Processing Facilities, Biodiesel Plants and WHEREAS, City and Mediacom now desire to Biodiesel Processing Facilities by extending a amend the Cable Franchise Agreement as set moratorium on the issuance of building permits forth in the attached Second Amendment to for the construction of ethanol plants, ethanol Cable Franchise Agreement. processing facilities, biodiesel plants and biodie- NOW, THEREFORE, BE IT ORDAINED BY sel processing facilities, presented and read. THE CITY COUNCIL OF THE CITY OF DUBU- OFFICIAL PUBLICATION QUE, IOWA AS FOLLOWS: ORDINANCE NO. 69-06 Section 1. The Second Amendment to Cable AMENDING THE CITY OF DUBUQUE CODE Franchise Agreement attached hereto is hereby OF ORDINANCES SECTION 11-58.6 MORA- approved. TORIUM ON THE CONSTRUCTION OF Section 2. This Ordinance shall take effect ETHANOL PLANTS, ETHANOL PROCESSING upon publication. FACILITIES, BIODIESEL PLANTS AND BIO- Passed, approved and adopted this 6th day of DIESEL PROCESSING FACILITIES BY EX- November, 2006. TENDING A MORATORIUM ON THE IS- /s/ Roy D. Buol, Mayor SUANCE OF BUILDING PERMITS FOR THE Attest: /s/ Jeanne F. Schneider, CMC, City Clerk CONSTRUCTION OF ETHANOL PLANTS, Published officially in the Telegraph Herald ETHANOL PROCESSING FACILITIES, BIO- newspaper this 10th day of November, 2006., DIESEL PLANTS AND BIODIESEL /s/ Jeanne F. Schneider, CMC, City Clerk PROCESSING FACILITIES 1t 11/10 Jones moved that the requirement that a Whereas, the City of Dubuque Zoning Ordin- proposed Ordinance be considered and voted ance allows the construction of ethanol plants, on for passage at two Council Meetings prior to processing facilities, biodiesel plants and biodie- the meeting at which it is to be finally passed be sel processing facilities in certain zoning dis- suspended. Seconded by Braig. Motion carried tricts; and 6-0. Jones moved final consideration and Whereas, the City Council desires to gather passage of the Ordinance. Seconded by Lynch. additional input in the process of studying Motion carried 6-0. whether the construction of such plants or facilities should be permitted in the City of AIA Sustainable Design Assessment Team Dubuque. (SDAT): City Manager transmitting for City NOW, THEREFORE, BE IT ORDAINED BY Council review a draft grant application to the THE CITY COUNCIL OF THE CITY OF DUBU- American Institute of Architects for the Sustain-QUE, IOWA: Regular Session, November 6, 2006 415 Section 1. The City of Dubuque Code of An Ordinance Amending the City of Dubuque Ordinances Section 11-58.6 is amended to read Code of Ordinances Chapter 32 Motor Vehicles as follows: and Traffic, Section 32-2 Definitions by adding a Sec. 11-58.6. Moratorium on the Construction of definition for City Manager and amending Ethanol Plants, Ethanol Processing Facilities, Section 32-17 Posting Required by authorizing Biodiesel Plants and Biodiesel Processing the City Manager to post signs or direct the Facilities: placement of signs, presented and read. The building official shall not issue a permit for OFFICIAL PUBLICATION any new construction or substantial enlarge- ORDINANCE NO. 70-06 ment, alteration, repair or remodeling of any AMENDING THE CITY OF DUBUQUE CODE structure or building for the production of ethanol OF ORDINANCES CHAPTER 32 MOTOR or biodiesel fuel or for the processing of ethanol VEHICLES AND TRAFFIC, SECTION 32-2 or biodiesel fuel within the City of Dubuque from DEFINITIONS BY ADDING A DEFINITION FOR the date of this Ordinance to May 1, 2007, CITY MANAGER AND AMENDING SECTION except where a vested right to the issuance of 32-17 POSTING REQUIRED BY AUTHORIZ- such permit accrued prior to the effective date of ING THE CITY MANAGER TO POST SIGNS this Ordinance. OR DIRECT THE PLACEMENT OF SIGNS Any person, firm or corporation aggrieved or adversely affected by the building official's Section 1. City of Dubuque Code of Ordin- refusal to issue a permit pursuant to this morato-ances § 32-2 is amended by adding the follow- rium shall appeal therefrom to the City Council. ing: The City Council may direct the building official Sec. 32-2. Definitions: to issue a permit where the City Council finds City Manager means the official having jurisdic- that the refusal to issue a permit would deprive tion to post signs or direct the placement of the owner of the property of a vested right. signs consistent with this Chapter. Section 2. This Ordinance shall take effect Section 2. City of Dubuque Code of Ordin- upon publication. ances § 32-17 is amended to read as follows: Passed, approved and adopted this 6th day of Sec. 32-17. Posting Required: November, 2006. No traffic regulation, establishing regulations for /s/ Roy D. Buol, Mayor specific streets, or portions thereof, within the Attest: /s/ Jeanne F. Schneider, CMC, City Clerk city, shall be effective until signs giving notice of Published officially in the Telegraph Herald such regulations as called for are posted upon th newspaper this 10 day of November, 2006. or at the entrances to the street or part thereof /s/ Jeanne F. Schneider, CMC, City Clerk affected. The City Manager is hereby authorized 1t 11/10 to post signs or direct the placement of signs Michalski moved that the requirement that a consistent with this Chapter. proposed Ordinance be considered and voted Section 3. This Ordinance shall take effect on for passage at two Council Meetings prior to upon publication. the meeting at which it is to be finally passed be Passed, approved and adopted this 6th day of suspended. Seconded by Jones. Motion carried November, 2006. 6-0. Michalski moved final consideration and /s/ Roy D. Buol, Mayor passage of the Ordinance. Seconded by Jones. Attest: /s/ Jeanne F. Schneider, CMC, City Clerk Motion carried 6-0. Published officially in the Telegraph Herald th newspaper this 10 day of November, 2006. Kyoto Protocol: Assistant City Attorney submit-/s/ Jeanne F. Schneider, CMC, City Clerk ting information regarding the Kyoto Protocol, 1t 11/10 presented and read. Cline moved that the Jones moved that the requirement that a communication be received and filed and staff proposed Ordinance be considered and voted was given direction to prepare an inventory of on for passage at two Council Meetings prior to what the City is currently doing regarding the the meeting at which it is to be finally passed be goal of becoming a green community and to suspended. Seconded by Lynch. Motion prepare a resolution for Council consideration at carried 6-0. Jones moved final consideration and a future meeting. Seconded by Braig. Motion passage of the Ordinance. Seconded by carried 6-0. Michalski. Motion carried 6-0. Installation of Traffic Regulation Signs: City Code of Ordinance Update: City Manager Manager recommending adoption of an ordin-recommending approval of proposed changes to ance authorizing the City Manager to place Chapter 6 – Amusements, Chapter 15 – Com- traffic signs, presented and read. Jones moved munity Development of the City of Dubuque that the communication be received and filed. Code of Ordinances and further recommending Seconded by Lynch. Motion carried 6-0. that Chapter 25 – Historic Preservation be reviewed and updated as part of the Unified Development Code review process, presented 416 Regular Session, November 6, 2006 and read. Cline moved that the communication be received and filed and approved recommen- dation. Seconded by Lynch. Motion carried 6-0. Fiscal Year 2008 Budget Hearing Schedule: City Manager recommending approval of the Fiscal Year 2008 Budget Hearing schedule, presented and read. Cline moved that the communication be received and filed and approved recommendation with date of final public hearing of the budget scheduled for Monday, March 12, 2007. Seconded by Braig. Motion carried 6-0. National League of Cities: Communication from Donald J. Borut, National League of Cities’ Executive Director, requesting that the City name one voting delegate and one alternate for the upcoming National League of Cities Confe- rence, presented and read. Michalski moved that the communication be received and filed and directed that Mayor Buol and Council Member Michalski be designated as the voting delegate and alternate. Seconded by Lynch. Motion carried 6-0. COUNCIL MEMBER REPORTS Braig mentioned she had been warmly wel- comed at the Homeless Sleepout in Washington Park. Michalski shared that she represented the City at a meeting focusing on the landfill and stated that Dubuque is way ahead of a lot of cities as far as recycling. Jones urged citizens to vote in the upcoming election. At 8:52 P.M. Michalski moved to go into Closed Session re: Pending Litigation and Property Acquisition – Chapter 21.5(1)(c)(j) 2005 Code of Iowa. Seconded by Lynch. Motion carried 6-0. At 9:47 P.M. Council reconvened Regular Session stating that staff had been given proper direction. There being no further business, Michalski moved to adjourn. Seconded by Lynch. Motion carried 6-0. The meeting adjourned at 9:48 P.M. /s/ Jeanne F. Schneider, CMC City Clerk Special & Regular Sessions, November 20, 2006 417 CITY OF DUBUQUE CITY OF DUBUQUE CITY COUNCIL CITY COUNCIL OFFICIAL OFFICIAL PROCEEDINGS PROCEEDINGS City Council, Regular Session, November 20, City Council, Special Session, November 20, 2006 2006 Council met at 6:30 p.m. in the Public Library Council met at 5:30 P.M. in the Public Library Auditorium Auditorium Present: Mayor Buol, Council Members Braig, Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski, City Cline, Connors, Jones, Lynch, Michalski, City Manager Van Milligen, City Attorney Lindahl Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a Mayor Buol read the call and stated this is a regular session of the City Council called for the special session of the City Council called for the purpose of discussing such matters which may purpose of discussing the AIA Sustainable properly come before the Council. Design Assessment Team (SDAT) Application. Invocation was given by Father Thomas Zin- Planning Services Manager Laura Carstens kula, Pastor, Holy Ghost Catholic Church reviewed the draft grant application and the self- assessment checklist for the application to the CONSENT ITEMS American Institute of Architects (AIA) for the Sustainable Design Assessment Team Program. Minutes and Reports Submitted: Airport Kevin Eipperle, the Durrant Group, stated that Commission of 9/25; Arts and Cultural Affairs the overall mission of the City’s application is to Advisory Commission of 8/30 and 9/26; City improve quality of life. He explained that the Council of 11/6; Civil Service Commission of application is due by November 30, 2006 and 10/13; Housing Commission of 10/24; Human eight grants will be awarded on January 5, 2007. Rights Commission of 10/9; Zoning Advisory He further commented that the timing of the Commission of 11/1; Zoning Board of Adjust- application is right as the City is currently in- ment of 10/26, presented and read. Jones volved in many projects related to becoming a moved that the minutes be received and filed. sustainable community. There will be two main Seconded by Lynch. Motion carried 7-0. committees working on the program. The Local Steering Committee would be co-chaired by Library Board of Trustees Update from meet- Mayor Roy Buol and Durrant Group Chairman ings of September 21, 28 and October 26, 2006, and CEO Gordy Mills, and the Technical Com- presented and read. Jones moved that the mission would co-chaired by Planning Services communications be received and filed. Manager Laura Carstens and Iowa AIA Chapter Seconded by Lynch. Motion carried 7-0. president Kevin Eipperle of the Durrant Group. Proofs of publication of City Council Pro- There being no further business, Connors ceedings of October 10 and 16, 2006 and List of moved to adjourn. Seconded by Jones. Motion Claims and Summary of Revenues for Month carried 7-0. Ended September 30, 2006, presented and The meeting adjourned at 6:15 P.M. read. Jones moved that the proofs be received and filed. Seconded by Lynch. Motion carried 7- /s/ Jeanne F. Schneider, CMC 0. City Clerk Printed City Council Proceedings for May and June, 2006, presented and read. Jones moved that the proceedings be received and filed and approved as printed. Seconded by Lynch. Motion carried 7-0. Notice of Claims/Suits: June Link, et al, vs. City of Dubuque, et al; Tricia Vosberg-Padget for personal injury, presented and read. Jones moved that the communication be received and filed and referred to the City Attorney. Seconded by Lynch. Motion carried 7-0. 418 Regular Session, November 20, 2006 City Attorney advising that the following Section 1. The recommendation of the City claim has been referred to Public Entity Risk Manager is approved and the Project is hereby Services of Iowa, the agent for the Iowa Com-accepted. munities Assurance Pool: Robert L. Wagner for Section 2. The City Treasurer is hereby di- property damage, presented and read. Jones rected to pay to the contractor from the Street moved that the communication be received and Construction Fund, Watermain Replacement filed and concurred. Seconded by Lynch. Motion Fund, Street Program Related Sanitary Sewer carried 7-0. Improvements Fund, Storm Sewer General Repairs Fund, and the Fiber Optic Conduit – City Attorney recommending settlement of Paving Projects Fund appropriations for the the claim of Kmart Corporation for property contract amount of $352,920.18 less any re- damage and directing the Finance Department tained percentage provided for therein as to issue payment, presented and read. Jones provided in Iowa Code chapter 573, and to pay moved that the communication be received and such retainage only in accordance with the filed and approved recommendation and di-provisions of Iowa Code Chapter 573. th rected the Finance Department to issue pay-Passed, approved and adopted this 20 day ment. Seconded by Lynch. Motion carried 7-0. of November, 2006. Roy D. Buol, Mayor Operation New View Community Action Attest: Jeanne F. Schneider, CMC, City Clerk Agency: Communication from M. Thomas Jones moved adoption of the Resolution. Stovall, Executive Director of Operation New Seconded by Lynch. Motion carried 7-0. View Community Action Agency, requesting that RESOLUTION NO. 551-06 the City make appointments to the Board of FINAL ESTIMATE Directors at the first meeting in January 2007, presented and read. Jones moved that the Whereas, the contract for the Nowata Street communication be received and filed. Seconded Reconstruction Project has been completed and by Lynch. Motion carried 7-0. the City Engineer has submitted his final esti- mate showing the cost thereof including the cost Request to Purchase: Communication of of estimates, notices and inspection and all David L. Clemens, representing Mr. and Mrs. miscellaneous costs. Robert McClain, requesting to purchase a NOW THEREFORE, BE IT RESOLVED BY portion of Union Avenue between Rush and THE CITY COUNCIL OF THE CITY OF DUBU- Shandon Streets (currently Florence Street), QUE, IOWA: presented and read. Jones moved that the Section 1. That the cost of said improvement communication be received and filed and is hereby determined to be $419,694.44 and the referred to the City Manager. Seconded by said amount shall be paid from the Street Lynch. Motion carried 7-0. Construction Fund, Watermain Replacement Fund, Street Program Related Sanitary Sewer Nowata Street Reconstruction Project: City Improvements Fund, Storm Sewer General Manager recommending acceptance of the Repairs Fund, and the Fiber Optic Conduit – Nowata Street Reconstruction Project as com-Paving Projects Fund of the City of Dubuque, pleted by McDermott Excavating, Inc. in the final Iowa. contract amount of $352,920.18 and approval of Section 2. That $34,221.74 of the cost the- the final schedule of assessments, presented reof shall be assessable upon private and and read. Jones moved that the communication commercial benefited properties and be received and filed. Seconded by Lynch. $263,659.93 shall be paid from the Street Motion carried 7-0. Construction Fund, $56,851.59 from the Water- main Replacement Fund, $39,918.99 from the RESOLUTION NO. 550-06 Street Program Related Sanitary Sewer Im- ACCEPTING THE NOWATA STREET RE- provements Fund, $7,609.48 from the Storm CONSTRUCTION PROJECT Sewer General Repairs Fund, and $17,432.71 Whereas, the contract for the Nowata Street from the Fiber Optic Conduit – Paving Projects Reconstruction Project (the Project) has been Fund. completed and the City Manager has examined Passed, approved and adopted this 20th day the work and filed a certificate stating that the of November, 2006. Project has been completed according to the Roy D. Buol, Mayor terms of the contract, plans and specifications Attest: Jeanne F. Schneider, CMC, City Clerk and that the City Manager recommends that the Jones moved adoption of the Resolution. Project be accepted. Seconded by Lynch. Motion carried 7-0. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Regular Session, November 20, 2006 419 RESOLUTION NO. 552-06 Moldenhauer, Karin Kae, Lot 12 Pinehurst APPROVING THE FINAL SCHEDULE OF Sub., 10-26-207-004, $1,369.59, $1,110.82, ASSESSMENTS $2,480.41 NOW THEREFORE, BE IT RESOLVED BY Mulgrew Oil Company,, Lot 16 Pinehurst THE CITY COUNCIL OF THE CITY OF DUBU-Sub., 10-23-486-001, $940.07, $940.07 QUE, IOWA: Mulgrew Oil Company, Lot 17 Pinehurst That the attached sheet(s), Page 1 to Page 1 Sub., 10-23-466-001, $2,478.38, $2,478.38 inclusive, is hereby determined to be the Final Oswald, Louis J. & Rose E., Lot 6 Pinehurst Schedule of Assessments for the Nowata Street Sub., 10-26-207-010, $1,571.47, $1,169.21, Reconstruction Project and the valuations set $2,740.68 out herein are hereby approved. Peterson, Gary D. & Lili M., Lot 10 Pinehurst th Passed, approved and adopted this 20 day Sub., 10-206-207-006, $1,369.59, $935.66, of November, 2006. $2,305.25 Roy D. Buol, Mayor Peterson, Gary D. & Lili M., SE ½ Lot 11 Pi- Attest: Jeanne F. Schneider, CMC, City Clerk nehurst Sub., 10-26-207-006, $684.80, $684.80 Scremin, Kathleen Ann, Lot 4 Pinehurst NOWATA STREET (UNIVERSITY AVENUE TO Sub., 10-26-207-025, $223.24, $223.24 LORAS BOULEVARD) Thomas, Erik T. & Christine R., Lot 7 Pine- FINAL SCHEDULE OF VALUATION AND hurst Sub., 10-26-207-009, $1,369.59, $906.47, ASSESSMENTS $2,276.06 DATE: NOVEMBER 14, 2006 Willman, Raymond F. & Phyllis A., Lot 3 Pi- The following is hereby determined to show nehurst Sub., 10-26-207-024, $920.37, $920.37 each lot proposed to be assessed for the im-Totals: provement shown in the title together with the NET PAVING ASSESSMENT: amount proposed to be assessed against each $51,584.38 lot and the valuations shown opposite each lot SANITARY SEWER LATER ASSESSMENT are hereby fixed as the true valuations of such $11,547.61 lots by the City Council of the City of Dubuque. TOTAL NET ASSESSMENT: PROPERTY OWNER LOT DESCRIPTION $63,401.99 PARCEL NUMBER NET PAVING ASSESS-Jones moved adoption of the Resolution. MENT SANITARY SEWER LATERAL TOTAL Seconded by Lynch. Motion carried 7-0. NET ASSESSMENT Baal, Nicholas A., Lot 9 Pinehurst Sub., 10-2006 Weed Assessments: City Manager re- 26-207-007, $1369.59, $964.86, $2,334.45 commending approval of the levy of special City of Dubuque ,Lot 1 Pinehurst Sub., 0-26-assessments for the 2006 Weed Enforcement 206-002, Exempt, $24,113.42 Program, presented and read. Jones moved that City of Dubuque ,Lot 18 Pinehurst Sub., 10-the communication be received and filed. 20-206-002, Exempt, $3,155.23 Seconded by Lynch. Motion carried 7-0. City of Dubuque, Lot 19 Pinehurst Sub., 10- RESOLUTION NO. 553-06 20-206-002, Exempt, $1,217.65 ADOPTING THE SCHEDULE OF ASSESS- City of Dubuque, Lot 20 Pinehurst Sub., 10- MENTS FOR THE 2006 WEED ENFORCE- 26-206-002, Exempt, $693.95 MENT PROGRAM SPECIFYING THE NUM- DeMuth, Mark R. & Kathryn L., Lot 15 Pine- BER OF ANNUAL INSTALLMENTS INTO hurst Sub., 10-26-207-001, $1369.59, $1110.82, WHICH ASSESSMENTS ARE DIVIDED, THE $2,480.41 INTEREST ON ALL UNPAID INSTALLMENTS, Kluesner, Nathan R. & Sharon K., Lot 5 Pi- THE TIME WHEN THE ASSESSMENTS ARE nehurst Sub., 10-26-207-011, $1,621.60, PAYABLE AND DIRECTING THE CLERK TO $1.081.63, $2,703.23 CERTIFY THE SCHEDULE OF ASSESS- Connolly, Darlene, Lot 2 Pinehurst Sub., 10- MENTS TO THE COUNTY TREASURER AND 26-207-023, $2,592.64, $1,256.79, $3,849.43 TO PUBLISH NOTICE THEREOF Heinz, Steven A. & Pamela J., Lot 8 Pine- hurst Sub., 10-26-207-008, $1,369.59, $877.28, NOW, THEREFORE, BE IT RESOLVED BY $2,246.87 THE CITY COUNCIL OF THE CITY OF DUBU- Hoelscher, Larry G & Jennifer Y., Lot 14 Pi-QUE, IOWA: nehurst Sub., 10-26-207-002, $1,369.59, That after full consideration of the Schedule $1,410.02, $2,509.61 of Assessments attached hereto for the 2006 King, David M. & Mary J. , Lot 13 Pinehurst Weed Enforcement Program which Schedule of Sub., 10-26-207-003, $1,369.59, $994.05, Assessments was filed in the office of the city $2,363.64 Clerk on the 8th day of November, 2006, the Moldenhauer, Karin Kae, NW ½ Lot 11 Pi-said Schedule of Assessments be and the same nehurst Sub., 10-26-207-005, $684.80, $684.80 is hereby approved and adopted. 420 Regular Session, November 20, 2006 That there be, and is herby assessed and Kristy Monahan-Smith, 1013410024, 2521 levied as a special tax against and upon each of Stafford, Lot 2-1 & E 1/2 of 4-2 Geigers $99.28 the lots, the respective sums indicated. Richard & Rita Patters, 738 Montgomery, That the City Clerk be and is hereby directed East Dubuque IL 61025, 1013183009, 2718 to certify said schedule to the County Treasurer Elm Street, Lot 205 Glendale Add, $60.00 of Dubuque County, Iowa, and to publish notice Laura Gerner, 1013454037, 2407-2409 Staf- of said certification once each week for two ford, Lots 4 & 5 Klingenberg's Sub, $44.22 consecutive weeks in the manner provided in Thomas & Vania Travis, 1021206032, 2251 Iowa Code § 362.3, the first publication of which Graham Circle, Lot 11 Blk 2 Sunset Park #2, shall be not more than fifteen days from the date $100.00 of filing of the final schedule. On or before the Lonnie Smothers, 1013183018, 2735 Pinard, date of the second publication of the notice, the Lot 218 Glendale Add City Clerk shall also mail a copy of said notice to Mark McDonough, 10946 Mockingbird Drive, property owners whose property is subject to Peosta IA 52068, 1027229016, 2650 Nebraska, assessment, as provided and directed in Iowa Lot 583 & 584 Lenox Add, $135.00 Code § 384.60. Robert Neuwoehner, 1025260006, 454 Em- The assessments may be paid in full or in mett, Lot 2-3 of City Lot 601, $85.00 part without interest at the office of the City Adair Holdings LLC, 405 North 115 St., Suite th Treasurer, City Hall, 50 W. 13 Street, Dubuque, 100, Omaha NE 68154, 1013183026, 2705 Iowa, at any time within 30 days after the date of Pinard (former), Lot 210 Glendale Add, $85.00 the first publication of the notice of the filing of Mark & Misty Waechter, 1024133018, 346 th the Schedule of Assessments with the County Klingenberg, Lot 18 C Klingenberg's 4, $105.00 Treasurer. After 30 days, unpaid assessments of Shirley Klein, 1118353006, 914 Rhomberg $100.00 or more are payable in 10 annual Avenue, NE 28'4" Of Lot 11 Hooper's Add, installments at the County Treasurer’s Office, $82.65 Dubuque County Courthouse, 720 Central Jeremy Schrodt, 1025251001, 555 Cooper Avenue, Dubuque, Iowa, and will draw annual Place, Lot 16 Cooper Hgts Add., $115.00 interest at nine (9) percent (commencing on the Chad & Anna Fontanini, 1015153020, 2951 date of acceptance of the work) computed to Old Country Lane, Lot 10 Blk 6 Arbor Oaks, December 1 next following the due dates of the $115.00 respective installments as provided in Section Nathan & Tiffany Lawrence, 1024308012, 384.65 of the Code of Iowa. Each installment will 605 W 17th Street, 5.75' of Lot 1 of Quigley's be delinquent from October 1 following its due Sub of 712, $115.00 date on July 1 of each year. Property owners Mary Ann & Frances Heles, 1024353025, may elect to pay any annual installments se-1360 Cummins, Lot 19-3 Min Lot 90 & Lot 1-5-1 miannually in advance. Min Lot 89 & Lot 2-1-6 Blk 2 Hamblin Sub, th Passed, approved and adopted this 20 day $85.00 of November, 2006. Benjamin C. Kerns, 1024130003, 2286 Cen- Roy D. Buol, Mayor tral Avenue, W 1/2 - S 1/2 Lot 18 & W 1/2 - N Attest: Jeanne F. Schneider, CMC, City Clerk 1/4 Lot 169 LH Langworthy's Add, $85.00 James & Paula Bodish, 21402 Mud Lake CITY OF DUBUQUE Road, Dubuque IA 52001, 1024127033, 347 2006 WEED ASSESSMENTS SCHEDULE OF Kaufmann Avenue, Lot 5 Welands Sub, $85.00 FINAL ASSESSMENTS, JUNE 28, 2006 Alvy Kennedy, 1013483002, 718 Provi- The following schedule is hereby determined to dence, NE 1/2 Lot 72 cook's Add, $85.00 show each lot proposed to be assessed for the Adair Holdings LLC, 405 North 115 St., Suite improvement shown in the title together with the 100, Omaha NE 68154, 1013183026, 2705 amount proposed to be assessed against each Pinard (former), Lot 210 Glendale Add, $85.00 lot by the City Council of the City of Dubuque, Thomas Fries, 1023483017, 1225 North Iowa. Booth, Lot 2-1 Trenks Booth St Pl, $115.00 Rick & Kelly Tuthill, 1022402005, 2145 Cha- PROPERTY OWNER PARCEL NO. ney Road, Lot 4 Blk 2 Hillcrest Park, $105.00 ?? PROPERTY ADDRESS LEGAL DESCRIP-Michael Coty, 1025260011, 137 Bluff Street, ? TION TOTAL ASSESSMENT E 50' Lot 7 of City Lot 601 & E 50'-N 6'-Lot 8 of ? GMAC Mortgage Company, 500 Enterprise City Lot 601, $65.00 Road Suite 150, Horsham PA 19044, Robert Nesler, 1022176025, 2255 Chippewa 1026252001, 1906 Bennett Street, Lot 2-24 Drive, Lot 1 of W 150' of Lot 14 Highland Park Ann O'Hare's Sub & W 30' - N 135' OF Lot Sub, $85.00, 25 Ann O'Hares Sub $90.00 Total = $2,026.15 Judith Roidt, 1023404018, 1843 Adair, Lot 1- 27 Woodlawn Park Add & Lot 2-44 Rosedale Jones moved adoption of the Resolution. Add Seconded by Lynch. Motion carried 7-0. Regular Session, November 20, 2006 421 read. Jones moved that the communication be Iowa Clean Air Attainment Program (ICAAP) received and filed. Seconded by Lynch. Motion Funding Approval: City Manager recommending carried 7-0. approval of an application to the Iowa Depart- RESOLUTION NO. 555-06 ment of Transportation for Iowa Clean Air AUTHORIZING LICENSE AGREEMENT Attainment Program funding for the IA 32 BETWEEN THE CITY OF DUBUQUE AND (Northwest Arterial) Capacity Improvements TETRA TECH, INC. TO INSTALL MONITOR- Project, presented and read. Jones moved that ING WELL, SOIL GAS POINT AND SOIL the communication be received and filed. BORING ON PUBLIC RIGHT-OF-WAY IN THE Seconded by Lynch. Motion carried 7-0. AREA OF 1545 SOUTH GRANDVIEW AVE- RESOLUTION NO. 554-06 NUE AUTHORIZING THE FILING OF AN APPLICA- Whereas, Tetra Tech, Inc., on behalf of the TION WITH THE IOWA DEPARTMENT OF Ludwig Estates, has requested permission from TRANSPORTATION FOR IOWA CLEAN AIR the City of Dubuque to install monitoring well, ATTAINMENT PROGRAM (ICAAP) FUNDING soil gas point and soil boring on City right-of-way FOR THE CITY OF DUBUQUE IA 32 at 1545 South Grandview Avenue in Dubuque, (NORTHWEST ARTERIAL) CAPACITY IM- Iowa, for the purpose of continuing the process PROVEMENTS PROJECT of closing out the Licensed Underground Sto- Whereas, traffic congestion problems that rage Tank (LUST) site, all in cooperation with occur in the IA 32 (Northwest Arterial) Corridor the Iowa Department of Natural Resources of the City of Dubuque could be improved by (Iowa DNR) and the Iowa Underground Storage intersection and traffic signal improvements; and Tank (UST) Fund; and, Whereas, the City of Dubuque has deter-Whereas, the License Agreement for Site mined that improvements to this corridor, as Assessment has been prepared outlining the recommended in the initial findings of the responsibilities of Tetra Tech, Inc. in the installa- Northwest Arterial Operations Study provided by tion of the monitoring well, soil gas point and soil HDR Engineering, Inc., will increase traffic flow, boring on public right-of-way; and, thereby reducing vehicle emissions caused by Whereas, the performance of the activities of vehicle delay; and Tetra Tech, Inc. will be at no cost or expense to Whereas, the Iowa Department of Transpor-the City, and all work will be performed by the tation provides, on a competitive basis, funds for licensee, or its employees, agents or subcon- transportation projects that address congestion tractors; and, problems and provide air quality improvements; Whereas, it is the desire of the City Council and, to enter into said License Agreement for the Whereas, the City of Dubuque is willing to installation of monitoring well, soil gas point and commit the necessary local matching fund for soil boring in the public right-of-way as re- project implementation and upon completion, in quested. cooperation with the Iowa Department of Trans-NOW, THEREFORE, BE IT RESOLVED BY portation, be responsible for adequately main-THE CITY COUNCIL OF THE CITY OF DUBU- taining and operating the project for public use QUE, IOWA: during the project’s useful life. Section 1. The License Agreement for Site NOW THEREFORE, BE IT RESOLVED BY Assessment be and the same is hereby ap- THE CITY COUNCIL OF THE CITY OF DUBU-proved. QUE, IOWA, THAT: Section 2. That the Mayor be and is hereby Section 1. The City makes application to the authorized to execute said License Agreement Iowa Department of Transportation for funds for and on behalf of the City Council. through the Iowa Clean Air Attainment Program Passed, approved and adopted this 20th day to fund the IA 32 (Northwest Arterial) Capacity of November, 2006. Improvements Project. Roy D. Buol, Mayor Passed, approved and adopted this 20th day Attest: Jeanne F. Schneider, CMC, City Clerk of November, 2006. Jones moved adoption of the Resolution. Roy D. Buol, Mayor Seconded by Lynch. Motion carried 7-0. Attest: Jeanne F. Schneider, CMC, City Clerk Jones moved adoption of the Resolution. Tri-State Community Health Center: Com- Seconded by Lynch. Motion carried 7-0. munication from the Crescent Community Health Center requesting a letter of support for the Tri- Tetra Tech, Inc. - Monitoring Well Installa-State Community Health Center's efforts to tion: City Manager recommending approval of a obtain grant funding to establish a Federally License Agreement with Tetra Tech, Inc. to Qualified Community Health Center (FQHC) in install a monitoring well, soil gas point and soil Dubuque, presented and read. Jones moved boring within City right-of-way at the property of that the communication be received and filed 1545 South Grandview Avenue presented and 422 Regular Session, November 20, 2006 and approved recommendation. Seconded by approved, subject to approval by the Iowa Lynch. Motion carried 7-0. Department of Economic Development. Section 3. That the Mayor is hereby autho- West End Transfer Site for KeyLine: City rized to execute and the City Manager is hereby Manager recommending approval of an ease-directed to submit said application to the Iowa ment agreement with William Oldfather of Department of Economic Development together Oldfather Financial Services, owners of the with such additional documents as may be Econo Food property, for a bus shelter on the required. Econo Foods site at Kennedy Circle, presented Passed, approved, and adopted this 20th and read. Jones moved that the communication day of November, 2006. be received and filed and approved. Seconded Roy D. Buol, Mayor by Lynch. Motion carried 7-0. Attest: Jeanne Schneider, City Clerk Jones moved adoption of the Resolution. Resolution of Support - Cottingham & Butler Seconded by Lynch. Motion carried 7-0. CEBA Application: City Manager recommending approval of an amended Resolution of Support 28E Pool, Tattoo and Tanning Program for the Cottingham & Butler CEBA Application, Agreement: City Manager recommending presented and read. Jones moved that the approval of the submission of a letter to the Iowa communication be received and filed. Seconded Department of Public Health indicating the City's by Lynch. Motion carried 7-0. interest for a 28E Pool, Tattoo and Tanning Program agreement, presented and read. Jones RESOLUTION NO. 556-06 moved that the communication be received and RESCINDING RESOLUTION NO. 468-06 AND filed and approved recommendation. Seconded AUTHORIZING THE FILING OF AN AMENDED by Lynch. Motion carried 7-0. COMMUNITY ECONOMIC BETTERMENT ACCOUNT (CEBA) APPLICATION ON BE- Renewal Rates for Voluntary Dental Plan: HALF OF COTTINGHAM & BUTLER, INC. City Manager recommending approval of the Whereas, Cottingham & Butler, Inc. has pro-renewal rates for the City’s Voluntary Dental posed the expansion of its operations in Dubu-Plan, which is paid in full by the employees, que, Iowa; and presented and read. Jones moved that the Whereas, the City Council of Dubuque, Iowa communication be received and filed and has considered said proposal and has deter-approved recommendation. Seconded by Lynch. mined that the proposed project will contribute to Motion carried 7-0. the local economy through the creation of 90 new jobs for area residents; and Jan’s Sewtique: Communication from Jan Whereas, the Iowa Department of Economic Bell, Jan’s Sewtique, requesting that parking on Development's Community Economic Better-White Street between 8th and 9th Streets be ment Account (CEBA) was designed to assist in limited to two-hours, presented and read. Jones the economic development efforts of local moved that the communication be received and jurisdictions; and filed and referred to the City Manager. Whereas, the City of Dubuque, Iowa is eligi-Seconded by Lynch. Motion carried 7-0. ble to apply for funding from the CEBA program; and Signed Contracts: 1934 Federal Building Whereas, Resolution No. 468-06 incorrectly Renovation Design Contract; City Hall Tuck- stated the local commitment made in the CEBA pointing Project, presented and read. Jones application; and moved that the communication be received and Whereas, the City Council finds that the ap-filed. Seconded by Lynch. Motion carried 7-0. plication for participation in the Community Economic Betterment Account program and the Business License Refund: Request of Do- local match identified in the application should lores G. Weber, Ten Pin Tap, for a refund of her be approved. Class C Liquor license in the amount of $211.25, NOW, THEREFORE, BE IT RESOLVED BY presented and read. Jones moved that the THE CITY COUNCIL OF THE CITY OF DUBU-communication be received and filed and QUE, IOWA: approved refund. Seconded by Lynch. Motion Section 1. That Resolution No. 468-06 is he-carried 7-0. reby rescinded. BUSINESS LICENSES Section 2. That the application and the local match identified in the application as $600,000 City Manager recommending approval of the in loans, $40,000 in grants and a 10-year TIF annual liquor license renewal for the Aragon tap, rebate for increased building valuation estimated Grand Harbor Resort/Water, Jumpers Sports at one million dollars to the company is hereby Bar/Grill, Target Store and Plaza 20 BP/Amoco, presented and read. Jones moved that the Regular Session, November 20, 2006 423 communication be received and filed. Seconded Jones moved adoption of the Resolution. by Lynch. Motion carried 7-0. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 557-06 ITEMS TO BE SET FOR PUBLIC HEARING Whereas, applications for Beer Permits have been submitted and filed to this Council for Sewer Revenue Capital Loan Notes - approval and the same have been examined $253,850: City Manager recommending that a and approved: and public hearing be set for December 6, 2006 on Whereas, the premises to be occupied by the proposition of issuing not to exceed such applicants were inspected and found to $253,850 in Sewer Revenue Capital Loan Notes comply with the Ordinances of the City and have for rehabilitation of sanitary sewers in connec- filed proper bonds. tion with the North Fork Catfish Creek Project NOW, THEREFORE, BE IT RESOLVED BY and the Water Pollution Control Plant Study, THE CITY COUNCIL OF THE CITY OF DUBU-presented and read. Michalski moved that the QUE, IOWA: communication be received and filed. Seconded That the Manager be authorized to cause to by Lynch. Motion carried 7-0. be issued the following named applicants a Beer RESOLUTION NO. 559-06 Permit. FIXING DATE FOR A MEETING ON THE CLASS “C” BEER PERMIT AUTHORIZATION OF A LOAN AND DISBUR- Target Corp, Target Store T-0086+(Sunday SEMENT AGREEMENT AND THE ISSUANCE Sale), 3500 Dodge Street OF NOT TO EXCEED $253,850 SEWER R Future Inc., Plaza 20 BP/Amoco+(Sunday REVENUE CAPITAL LOAN NOTES OF DU- Sale), 2600 Dodge Street BUQUE, IOWA, AND PROVIDING FOR PUB- Passed, approved and adopted this 20th day of LICATION OF NOTICE THEREOF November, 2006. Roy D. Buol, Mayor WHEREAS, it is deemed necessary and ad- Attest: Jeanne F. Schneider, CMC, City Clerk visable that the City of Dubuque, Iowa should Jones moved adoption of the Resolution. provide for the authorization of a Loan and Seconded by Lynch. Motion carried 7-0. Disbursement Agreement and the issuance of Sewer Revenue Capital Loan Notes, in the RESOLUTION NO. 558-06 amount of not to exceed $253,850, as autho- Whereas, applications for Liquor Licenses rized by Sections 384.24A and 384.82, Code of have been submitted to this Council for approval Iowa, as amended, for the purpose of providing and the same have been examined and ap-funds to pay costs as hereinafter described; and proved; and WHEREAS, the City has applied for a loan Whereas, the premises to be occupied by through the Iowa Sewage Treatment Works such applicants were inspected and found to Financing Program pursuant to which the Iowa comply with the State Laws and all City Ordin-Finance Authority has agreed to purchase the ances relevant thereto and they have filed City's Notes and has requested that such Notes proper bonds. be issued as a single Note in a denomination NOW, THEREFORE, BE IT RESOLVED BY equal to the total amount of the issue as autho- THE CITY COUNCIL OF THE CITY OF DUBU-rized by Chapter 384 of the City Code of Iowa; QUE, IOWA: and That the Manager be authorized to cause to WHEREAS, the Loan and Disbursement be issued the following named applicants a Agreement and Note shall be payable solely and Liquor License. only out of the net earnings of the Municipal CLASS “B” LIQUOR LICENSE Sewer System and shall be a first lien on the Platinum Holdings LLC, Grand Harbor future net earnings of the Utility; and shall not be Resort/Water Park+(Sunday/Outdoor Sale), 50 general obligations of the City or payable in any Bell St. manner by taxation and the City shall be in no CLASS “C” BEER/LIQUOR LICENSE manner liable by reason of the failure of the net Aragon Tap Inc., Aragon Tap+(Sunday revenues to be sufficient for the payment of the Sale), 103 Iowa St. Loan and Disbursement Agreement and Note; DM Sports Bar Inc., Jumpers Sports and Bar/Grill+(Sunday Sale), 2600 Dodge St. WHEREAS, before a Loan and Disburse- CLASS “B” WINE ment Agreement may be authorized and Sewer Target Corporation, Target Store T-0086, Revenue Capital Loan Notes issued to evidence 3500 Dodge St. the obligation of the City hereunder, it is neces- Passed, approved and adopted this 20th day sary to comply with the provisions of the City of November, 2006. Code of Iowa, as amended, and to publish a Roy D. Buol, Mayor notice of the proposal and of the time and place Attest: Jeanne F. Schneider, CMC, City Clerk of the meeting at which the Council proposes to take action for the authorization of the Loan and 424 Regular Session, November 20, 2006 Disbursement Agreement and Notes and to date for a meeting on the authorization of a Loan receive oral and/or written objections from any and Disbursement Agreement and the issuance resident or property owner of the City to such of not to exceed $1,889,521 General Obligation action. Capital Loan Notes of Dubuque, Iowa, and NOW, THEREFORE, BE IT RESOLVED BY providing for publication of notice thereof and set THE CITY COUNCIL OF THE CITY OF DUBU-this for public hearing at a meeting to commence QUE, IOWA: at 6:30 p.m. in the public library auditorium and Section 1. That this Council meet in the Au-direct the City Clerk to publish notice in the ditorium, Carnegie-Stout Public Library, Dubu-manner prescribed by law. Seconded by Lynch. que, Iowa, at Motion carried 7-0. th 6:30 o'clock p.m., on the 4 day of Decem- ber, 2006, for the purpose of taking action on the Council Member Ann Michalski introduced matter of the authorization of a Loan and Dis-the following Resolution entitled “RESOLUTION bursement Agreement and the issuance of not FIXING DATE FOR A MEETING ON THE to exceed $253,850 Sewer Revenue Capital AUTHORIZATION OF A LOAN AND DISBUR- Loan Notes to evidence the obligations of the SEMENT AGREEMENT AND THE ISSUANCE City hereunder, the proceeds of which will be OF NOT TO EXCEED $1,889,521 GENERAL used to provide funds to pay the costs of acqui-OBLIGATION CAPITAL LOAN NOTES OF sition, construction, reconstruction, extending, DUBUQUE, IOWA, AND PROVIDING FOR remodeling, improving, repairing and equipping PUBLICATION OF NOTICE THEREOF”, and all or part of the Municipal Sewer System, moved that the same be adopted, Council including those costs associated with the under-Member Kevin Lynch seconded the motion to taking of a Plan of Action Study for the Water adopt. The roll was called and the vote was, Pollution Control Plant, and the rehabilitation of AYES: Braig, Buol, Cline, Connors, Jones, sanitary sewers in connection with the North Lynch, Michalski. NAYS: None Fork Catfish Creek Project. Whereupon, the Mayor declared the Resolu- Section 2. That the Clerk is hereby directed tion duly adopted as follows: to cause at least one publication to be made of a RESOLUTION NO. 560-06 notice of said meeting, in a legal newspaper, FIXING DATE FOR A MEETING ON THE printed wholly in the English language, pub- AUTHORIZATION OF LOAN AND DISBUR- lished at least once weekly, and having general SEMENT AGREEMENT AND THE ISSUANCE circulation in said City, said publication to be not OF NOT TO EXCEED $1,889,521 GENERAL less than four clear days nor more than twenty OBLIGATION CAPITAL LOAN NOTES OF days before the date of said public meeting on DUBUQUE, IOWA, AND PROVIDING FOR the issuance of the Notes. PUBLICATION OF NOTICE THEREOF. Section 3. The notice of the proposed action shall be in substantially the [provided] form. WHEREAS, it is deemed necessary and ad- th Passed and approved this 20 day of No-visable that the City of Dubuque, Iowa, should vember, 2006. provide for the authorization of a Loan and Roy D. Buol, Mayor Disbursement Agreement and the issuance of Attest: Jeanne F. Schneider, City Clerk General Obligation Capital Loan Notes, in the amount of not to exceed $1,889,521, as autho- Michalski moved adoption of the Resolution rized by Sections 384.24A and 384.82, Code of and set public hearing for 12/4/06 at a meeting Iowa, as amended, for the purpose of providing to commence at 6:30 p.m. in the public library funds to pay costs as hereinafter, described; and auditorium and direct the City Clerk to publish WHEREAS, the City has applied for loan notice in the manner prescribed by law. through the Iowa sewage treatment Works Seconded by Lynch. Motion carried 7-0. Financing Program pursuant to which the Iowa Finance Authority has agreed to purchase the General Obligation Capital Loan Notes - City’s Notes and has requested that such Notes $1,889,521: City Manager recommending that a be issued as single Note in a denomination public hearing be set for December 6, 2006 on equal to the total amount of the issue as autho- the proposition of issuing not to exceed rized by Chapter 384 of the City Code of Iowa; $1,889,521 in General Obligation Capital Loan and Notes from the State of Iowa Revolving Fund WHEREAS, the Loan and Disbursement Loan (SRF) for the Lower Bee Branch Creek Agreement and Notes shall be payable from the Restoration Project and Upper Bee Branch Debt Service Fund; and Creek Restoration Project and culvert improve-WHEREAS, before a Loan and Disburse- ments and creek restoration and stabilization ment Agreement may be authorized and Gener- undertaken as part of the North Fork Catfish al Obligation Capital Loan Notes issued to Creek Project, presented and read. Michalski evidence the obligation of the City there under, it moved adoption of Resolution No. 560-06 Fixing is necessary to comply with the provisions of the Regular Session, November 20, 2006 425 City Code of Iowa, as amended, and to publish Upon motion Linda Frommelt appointed to notice of the proposal and of the time and place the Housing Commission for an unexpired three of the meeting at which the Council proposes to year term which will expire 8/17/08. take action for the authorization of the Loan and PUBLIC HEARINGS Disbursement Agreement and Notes and to receive oral and/or written objections from any resident or property owner of the City to such Upon motion the rules were suspended to action. allow anyone present to address the Council. NOW, THEREFORE, BE IT RESOLVED BY Greg Adams/Stewart Construction, Inc. – THE CITY COUNCIL OF THE CITY OF DUBU-Request to Rezone: Proof of publication on QUE, IOWA: notice of hearing to consider rezoning property Section 1. That this Council met in the Li-located at the southwest corner of Seippel Road brary Auditorium, Dubuque, Iowa, at 6:30 o’clock and Old Highway Road (Lot 1 of 2 Mason Cate th P.M., on the 4 day of December, 2006, for the Estates) from LI Light Industrial District to HI purpose of taking action on the matter of the Heavy Industrial District as requested by Greg authorization of a Loan and Disbursement Adams/Stewart Construction, Inc., and Zoning Agreement and the issuance of not to exceed Advisory Commission recommending denial and $1,889,521 General Obligation Capital Loan an Ordinance Amending Appendix A (the Zoning Notes to evidence the obligations of the City Ordinance) of the City of Dubuque Code of hereunder, the proceeds of which will be used to Ordinances by reclassifying hereinafter de- provide funds to pay the costs of constructing scribed property located near the southwest storm water interceptor and culvert improve-corner of Seippel Road and Old Highway Road ments, including those costs associated with the from LI Light Industrial District to HI Heavy Lower Bee Branch Creek Restoration Project, Industrial District, presented and read. Applicant the restoration or day-lighting of the buried Greg Adams spoke requesting that the issue be Upper Bee Branch Creek, and culvert improve-referred back to the Zoning Advisory Commis- ments and creek restoration and stabilization sion for modified rezoning. Jeff Stiles, Vice-Chair undertaken as part of the North Fork Catfish of the Zoning Advisory Commission, spoke Creek Project. stating the Commission would be willing to Section 3. The notice of the proposed action reconsider the modified rezoning request.Con- shall be in substantially the [provided] form: nors moved that this item be referred back to the th Passed and approved this 20 day of No-Zoning Advisory Commission. Seconded by vember, 2006 Jones. Motion carried 6-0. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk LeNore Nesler/James McMahon – Request to Rezone: Proof of publication on notice of Herrig Voluntary Annexation: City Manager hearing to consider rezoning property located at recommending that a public hearing be set for 1108 Locust Street from OR Office Residential December 18, 2006, to correct a typographical District to C-2 Neighborhood Shopping Center error in the legal description for the previously-District to permit a coffee shop/deli with apart- approved annexation of 112.10 acres owned ment above as requested by LeNore Nes- John and Sally Jo Herrig south of Derby Grange ler/James McMahon and Zoning Advisory Road, upon motion received and filed and set Commission recommending approval, presented public hearing for 12/18/06 at a meeting to and read. Stuart G. Hoover, representing Le- commence at 6:30 p.m. in the public library Nore Nesler, spoke in support of the project and auditorium and direct the City Clerk to publish described the improvements which would be notice in the manner prescribed by law. made to the property. Dave Stuart, 1470 Locust, spoke in strong support of the project and stated BOARDS/COMMISSIONS he had been authorized to speak for numerous groups in the downtown area, i.e., the Down- Applicants are invited to address the Council town Neighborhood Association and the Mason- regarding their desire to serve on the following ic Temple. Ordinance No. 71-06 Amending Commission: Investment Oversight Advisory Appendix A (the Zoning Ordinance) of the City of Commission (One unexpired term through Dubuque Code of Ordinances by reclassifying 7/1/08) hereinafter described property located at 1108 Applicant: Virgil Blocker Locust Street from OR Office Residential District to C-2 Neighborhood Shopping Center District, Appointment to the following Commission: presented and read. Connors moved that the Housing Commission (One Unexpired three-requirement that a proposed Ordinance be year term through 8/17/08) Applicant: Linda considered and voted on for passage at two Frommelt Council Meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Jones. Motion carried 7-0. Connors moved 426 Regular Session, November 20, 2006 final consideration and passage of the Ordin-eration and passage of the Ordinance. ance. Seconded by Jones. Motion carried 7-0. Seconded by Braig. Motion carried 7-0. OFFICIAL PUBLICATION OFFICIAL PUBLICATION ORDINANCE NO. 71-06 ORDINANCE NO. 72-06 AMENDING APPENDIX A (THE ZONING AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFY-CODE OF ORDINANCES BY ADDING DRIVE- ING HEREINAFTER DESCRIBED PROPERTY UP AUTOMATED TELLER MACHINES AS AN LOCATED AT 1108 LOCUST STREET FROM ACCESSORY USE IN THE ID DISTRICT. OR OFFICE RESIDENTIAL DISTRICT TO C-2 NOW, THEREFORE, BE IT ORDAINED BY NEIGHBORHOOD SHOPPING CENTER THE CITY COUNCIL OF THE CITY OF DUBU- DISTRICT QUE, IOWA: NOW, THEREFORE, BE IT ORDAINED BY Section 1. That Sections 3-5.2(C)(1), 3-5.2 THE CITY COUNCIL OF THE CITY OF DUBU-(C)(4) and 3.5.2(E)(3) of the Code of Ordinances QUE, IOWA: are hereby amended by adding drive-up auto- Section 1. That Appendix A (The Zoning Or-mated teller machines as an accessory use in dinance) of the City of Dubuque Code of Ordin-the ID Institutional District as follows: : Accessory Uses ances is hereby amended by reclassifying the (C) : The following uses shall hereinafter-described property OR Office Resi-be permitted as accessory uses as pro- dential District to C-2 Neighborhood Shopping vided in Section 4 of this ordinance: Center District, to wit: South 1/5 of South 2/5 of (1) Restaurants or cafeterias; flower City Lot 478, and to the centerline of the adjoin-shops; gift shops, and candy, cigar or ing public right-of-way, all in the City of Dubu-magazine stands; but only when operat- que, Iowa. ed and located entirely within a principal , Section 2. The foregoing amendment has buildingexcept that drive-up automated heretofore been reviewed by the Zoning Advi-teller machines shall be allowed on med- sory Commission of the City of Dubuque, Iowa. ical institutional campuses. Section 3. This ordinance shall take effect (4) All other uses customarily inciden- immediately upon publication, as provided by tal to the principal permitted use in law. conjunction with which such acces- th Passed, approved and adopted this 20 day sory use is operated or maintained, of November, 2006. but not to include commercial uses /s/Roy D. Buol, Mayor: outside a principal building, except Attest: /s/ Jeanne F. Schneider, CMC, City Clerk for drive-up automated teller ma- Published officially in the Telegraph Herald chines. th Prohibition on commencement of use by Newspaper the 24 day of November, 2006. (E) parties unassociated with the principal in- /s/Jeanne F. Schneider, CMC, City Clerk stitution: 1t 11/24 Within an existing ID Institutional District, no use otherwise provided for American Trust and Savings Bank – Request this district may be commenced by any for Text Amendment: Proof of publication on person(s) except that: notice of hearing to consider amending Section (1) The principal institution or its 3-5.2 of the Zoning Ordinance to allow drive-up agent; or ATM teller machines in medical ID Institutional (2) A person under contractual or Districts as requested by Robert Peacock, other legally binding obligation American Trust and Savings Bank, and Zoning to provide services to such in- Advisory Commission recommending approval, stitution (e.g., the independent presented and read. Robert Peacock, Senior operator of a student cafeteria); Vice President of American Trust and Savings or Bank, spoke in support. Ordinance No. 72-06 (3) The person or persons operat- Amending Appendix A (the Zoning Ordinance) of ing a doctors’ clinic or other fa- the City of Dubuque Code of Ordinances by cility permitted under the prin- adding automated teller machines as an acces-cipal permitted or accessory sory use in ID Institutional Districts, presented uses of this section. and read. Connors moved that the requirement Section 2. The foregoing amendment has that a proposed Ordinance be considered and heretofore been reviewed by the Zoning Advi- voted on for passage at two Council Meetings sory Commission of the City of Dubuque, Iowa. prior to the meeting at which it is to be finally Section 3. This ordinance shall take effect passed be suspended. Seconded by Braig. immediately upon publication, as provided by Motion carried 7-0. Connors moved final consid-law. Regular Session, November 20, 2006 427 th Passed, approved and adopted this 20 day property legally described to wit: Lot 2 of 70 & of November, 2006. 71 Finley Waples & Burtons Addition and Lots 2- /s/Roy D. Buol, Mayor 1, 1 & 2 of 1-1-1 and Lot 2-1-1 all in Cain’s Attest: /s/Jeanne F. Schneider, CMC, City Clerk Subdivision No. 2 and to the center line of the adjoining public right-of-way, all in the City of Published officially in the Telegraph Herald Dubuque, Iowa. th Newspaper the 24 day of November, 2006. Section 2. Institutional District Regulations. /s/Jeanne F. Schneider, CMC, City Clerk A. Use Regulations. 1t 11/24 The following regulations shall apply to all uses made of land in the above-described Mayor Buol turned control of the meeting to ID Institutional District: Mayor Pro-Tem Braig due to possible conflict of 1. Principal permitted uses shall be li- interest. mited to: a. Colleges and universities [45] University of Dubuque – Amend ID Institu-b. Vocational Schools [45] tional District: Proof of publication on notice of c. Seminaries [45] hearing to consider amending the University of d. Offices for administrative person- Dubuque ID Institutional District to allow re-nel or other institutional em- placement of the existing facilities building with a ployees and affiliates [14] new structure located in the southwest portion of e. Churches [7], libraries, and mu- the campus near West and Gilliam Streets and seums [13] Zoning Advisory Commission recommending f. Classrooms, laboratories, lecture approval, presented and read. Jim Steiner, Vice halls, and similar places of insti- President of Finance at the University of Dubu-tutional assembly [45] que, reviewed the building design and ad-g. Off-street parking and loading dressed various concerns expressed by neigh-[NA] boring residents with regard to how the issues h. Recreational or athletic facilities would be resolved. Ordinance No. 73-06 for the primary use and benefit of Amending Appendix A (the Zoning Ordinance) of institutional residents or affiliates the City of Dubuque Code of Ordinances by [7] providing for the approval of an amended i. Single-family, two family [11] or Conceptual Development Plan to allow construc-multi-family dwellings for the tion of a new facility building for the University of housing of institutional residents Dubuque ID Institutional District, presented and or affiliates [9] read. Jones moved that the requirement that a 2. Accessory Uses. The following uses proposed Ordinance be considered and voted shall be permitted as accessory uses in on for passage at two Council Meetings prior to the above-described ID Institutional Dis- the meeting at which it is to be finally passed be trict: suspended. Seconded by Michalski. Motion a. Located entirely within a principal carried 6-0. Jones moved final consideration and building, bookstores, or bars passage of the Ordinance. Seconded by Lynch. seating not more than seventy- Motion carried 6-0. five (75) persons at one time and located not closer than two hun- OFFICIAL PUBLICATION dred feet (200') from the nearest ORDINANCE NO. 73-06 Residential or Office Residential AMENDING APPENDIX A (THE ZONING District. ORDINANCE) OF THE CITY OF DUBUQUE b. All uses customarily incidental to CODE OF ORDINANCES BY PROVIDING FOR the principal permitted uses in THE APPROVAL OF AN AMENDED CON- conjunction with which such ac- CEPTUAL DEVELOPMENT PLAN TO ALLOW cessory uses operated or main- CONSTRUCTION OF A NEW FACILITY tained, but not to include com- BUILDING FOR THE UNIVERSITY OF DUBU- mercial use outside the principal QUE ID INSTITUTIONAL DISTRICT. building. NOW, THEREFORE, BE IT ORDAINED BY 3. No conditional uses shall THE CITY COUNCIL OF THE CITY OF DUBU-be allowed. QUE, IOWA: [ ] Parking requirements as per Section D of Section 1. That Appendix A (the Zoning Or-this Ordinance. dinance) of the City of Dubuque Code of Ordin-B. Lot and Bulk Regulations. ances be amended by providing for the approval Development of land in the ID Institu- of an amended conceptual development plan for tional District shall be regulated as the University of Dubuque ID Institutional Dis-follows: trict, a copy of which is on file with the City of The proposed new Facility Building shall be Dubuque Planning Services Department, for constructed in substantial conformance with the 428 Regular Session, November 20, 2006 attached conceptual development plan and all tutional District as established in Sec- final site development plans are to be approved tion 4-3.11 of the Zoning Ordinance. in accordance with provisions of the ID Institu-G. Additional Standards tional District regulations. That all previously approved conceptual C. Performance Standards development plans are hereby The development and maintenance amended to allow for the attached con- of uses in this ID Institutional District ceptual development plan. shall be established in conformance H. Transfer of Ownership with Section 3-5.2 of the Zoning Or- Transfer of ownership or lease of prop- dinance and the following stan-erty in this ID Institutional District shall dards: include the transfer or lease agreement 1. New outdoor lighting shall util-a provision that the purchaser or lessee ize 72-degree cut-off lumina-acknowledges awareness of the condi- ries. tions authorizing the establishment of 2. Landscaping shall be provided the district. in compliance with Section 4-5 I. Modifications of the Zoning Ordinance. Any modifications of this Ordinance 3. All utilities including telephone must be approved by the City Council in and cable television shall be accordance with zoning reclassification installed underground. proceedings of Section 6 of the Zoning 4. Final site development plans Ordinance. shall be submitted in accor-J. Recording dance with Section 4-4 of the A copy of this ordinance shall be rec- Zoning Ordinance. orded at the expense of the property D. Parking Requirements owner(s. with the Dubuque County Re- The off-street parking requirements corder as a permanent record of the for the principal permitted uses for conditions accepted as part of this rec- the herein described ID Institutional lassification approval within thirty (30) District shall be designated by a days of the adoption of this ordinance. bracket enclosed number next to This ordinance shall be binding upon the use, as herein described: the undersigned and all his/her heirs, [9] 1.5 spaces for each dwelling unit successors and assignees. [11] Two spaces for each dwelling Section 3. That the foregoing amendment unit has heretofore been reviewed by the Zoning [14] One space for each four hun-Commission of the City of Dubuque, Iowa. dred square feet devoted Section 4. That the foregoing amendment to office use or one space shall take effect upon publication, as provided by for each employee on the law. th maximum shift, whichever Passed, approved, and adopted this 20 day is greater. of November, 2006. [7] One space for each four /s/Karla A. Braig, Mayor Pro-Tem permanent seats. Attest: /s/Jeanne Schneider, CMC, City Clerk [13] One space for each five hun-Published in the Telegraph Herald Newspaper th dred square feet of floor the 25 day of November, 2006. area accessible to the /s/Jeanne F. Schneider, CMC, City Clerk general public. 1t 11/25 [45] Dormitories - one space for each bed Mayor Buol returned and took control of the Gymnasiums-one space for meeting. each six permanent seats Employees-.75 spaces for Urban Renewal Tax Increment Revenue each employee on the maximum shift Notes: Proof of publication on notice of hearing E. Open Space and Recreational Areas to consider the issuance of Urban Renewal Tax Those areas not designated on the Increment Revenue Notes to support the Cha- conceptual development plan for devel-venelle Warehouse Development, LLC / Theisen opment shall be maintained as open Supply, Inc. expansion project at the Dubuque space, as defined by Section 8 of the Industrial Center West and City Manager re- Zoning Ordinance by the property own-commending approval, presented and read. er and/or association. Connors moved adoption of Resolution No. 561- F. Sign Regulations 06 Instituting proceedings to take additional The sign regulations shall be the same action for the issuance of not to exceed as that which are allowed in the ID Insti-$812,000 Urban Renewal Tax Increment Reve- Regular Session, November 20, 2006 429 nue Notes, and Resolution No. 562-06 Authoriz-by law of not to exceed $812,000 Urban Re- ing and providing for the issuance of $812,000 newal Tax Increment Revenue Notes for the Urban Renewal Tax Increment Revenue Notes, foregoing purpose. Taxable Series 2006, of the City of Dubuque, Passed and approved this 20th day of No- Iowa, and providing for the securing of such vember, 2006. notes for the purpose of carrying out an Urban Roy D. Buol, Mayor Renewal Project in the area of the City of Attest: Jeanne F. Schneider, City Clerk Dubuque, Iowa designated as the Dubuque Industrial Center Economic Development Council Member Joyce Connors introduced District. Seconded by Jones. Motion carried 7-0. the following: Resolution entitled "A RESOLUTION AU- The Council then considered the proposed THORIZING AND PROVIDING FOR THE action and the extent of objections thereto. ISSUANCE OF $812,000 URBAN RENEWAL Whereupon, Council Member Joyce Connors TAX INCREMENT REVENUE NOTES, TAXA- introduced and delivered to the Clerk the Reso-BLE SERIES 2006, OF THE CITY OF DUBU- lution hereinafter set out entitled "RESOLUTION QUE, IOWA, AND PROVIDING FOR THE INSTITUTING PROCEEDINGS TO TAKE SECURING OF SUCH NOTES FOR THE ADDITIONAL ACTION FOR THE ISSUANCE PURPOSE OF CARRYING OUT AN URBAN OF NOT TO EXCEED $812,000 URBAN RE-RENEWAL PROJECT IN THE AREA OF THE NEWAL TAX INCREMENT REVENUE NOTES," CITY OF DUBUQUE, IOWA DESIGNATED AS and moved its adoption. Council Member Ric THE DUBUQUE INDUSTRIAL CENTER ECO- Jones seconded the motion to adopt. The roll NOMIC DEVELOPMENT DISTRICT", and was called and the vote was, AYES: Braig, Buol, moved its adoption. Council Member Ric Jones Cline, Connors, Lynch, Jones, Michalski. NAYS: seconded the motion to adopt. The roll was None called and the vote was: AYES: Braig, Buol, Whereupon, the Mayor declared said Reso-Cline, Connors, Jones, Lynch, Michalski. NAYS: lution duly adopted as follows: None Whereupon the Mayor declared the following RESOLUTION NO. 561-06 Resolution duly adopted: INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE RESOLUTION NO. 562-06 OF NOT TO EXCEED $812,000 URBAN AUTHORIZING AND PROVIDING FOR THE RENEWAL TAX INCREMENT REVENUE ISSUANCE OF $812,000 URBAN RENEWAL NOTES TAX INCREMENT REVENUE NOTES, TAXA- BLE SERIES 2006, OF THE CITY OF DUBU- WHEREAS, pursuant to notice published as QUE, IOWA, AND PROVIDING FOR THE required by law, this Council has held a public SECURING OF SUCH NOTES FOR THE meeting and hearing upon the proposal to PURPOSE OF CARRYING OUT AN URBAN institute proceedings for the issuance of not to RENEWAL PROJECT IN THE AREA OF THE exceed $812,000 Urban Renewal Tax Increment CITY OF DUBUQUE, IOWA DESIGNATED AS Revenue Notes for the purpose of pay costs of THE DUBUQUE INDUSTRIAL CENTER ECO- aiding in the planning, undertaking and carrying NOMIC DEVELOPMENT DISTRICT out of urban renewal project activities under the authority of Chapter 403 of the Code of Iowa WHEREAS, the City Council of the City of and the Amended and Restated Urban Renewal Dubuque, Iowa (the "City" or the "Issuer") has Plan for the Dubuque Industrial Center Econom-heretofore, by Resolution No. 478-97 of this City ic Development District, including the funding of Council approved on November 17, 1997, an economic development grant to Chavenelle adopted an Amended and Restated Urban Warehouse Development, LLC under the terms Renewal Plan (the "Urban Renewal Plan") under of a Development Agreement dated June 19, which plan there are to be carried out urban 2006 by and among the City of Dubuque, renewal project activities in an area designated Chavenelle Warehouse Development, LLC and as the Dubuque Industrial Center Economic Theisen Supply, Inc., and has considered the Development District (the "Project Area"); and extent of objections received from residents or WHEREAS, it is presently estimated that the property owners as to said proposed issuance; costs of carrying out the purposes and provi- and, accordingly the following action is now sions of the Urban Renewal Plan for the Project considered to be in the best interests of the City Area, including the purpose set forth in Section 3 and residents thereof: hereof, exceed $812,000, and provisions must NOW, THEREFORE, BE IT RESOLVED BY now be made by the City to provide for the THE CITY COUNCIL OF THE payment of such costs by the issuance of Notes; CITY OF DUBUQUE, IOWA: and Section 1. That this Council does hereby in-WHEREAS, the City has heretofore adopted stitute proceedings and takes additional action Ordinance No. 66-97, under Section 403.19 of for the sale and issuance in the manner required the Code of Iowa (the "Ordinance"), under which 430 Regular Session, November 20, 2006 the taxes levied on the taxable property in the covenanted to construct the Minimum Improve- Project Area shall be divided, and a special fund ments, being legally described as set forth in the created under the authority of Section 403.19(2) Development Agreement; of the Code of Iowa, as amended (which special • "Dubuque Industrial Center Economic De- fund is hereinafter referred to as the "Dubuque velopment District Tax Increment Revenue Industrial Center Economic Development District Fund" or "Revenue Fund" means the special Tax Increment Revenue Fund" or "Revenue fund of the City created under the authority of Fund") which fund was created in order to pay Section 403.19(2) of the Code of Iowa and the the principal of and interest on loans, monies Ordinance, which fund was created in order to advanced to or indebtedness whether funded, pay the principal of and interest on loans, refunded, assumed, or otherwise, including monies advanced to, or indebtedness, whether bonds issued under the authority of Section funded, refunded, assumed or otherwise, 403.9(1) of the Code of Iowa, as amended, including bonds or other obligations issued incurred by the City to finance or refinance in under the authority of Section 403.19 or 403.12 whole or in part urban renewal project activities of the Code of Iowa, incurred by the City to undertaken within the Project Area, and pur-finance or refinance in whole or in part projects suant to which Ordinance such Revenue Fund undertaken pursuant to the Urban Renewal Plan may be irrevocably pledged by the City for the for the Project Area; payment of principal and interest on such • "Employer" shall mean Theisen Supply, indebtedness; and Inc., an Iowa corporation; WHEREAS, the notice of intention of Issuer • "Fiscal Year" shall mean the twelve-month to take action for the issuance of not to exceed period beginning on July 1 of each year and $812,000 Urban Renewal Tax Increment Reve-ending on the last day of June of the following nue Notes has heretofore been duly published year, or any other consecutive twelve-month and no objections to such proposed action have period adopted by the Governing Body or by law been filed and it is now necessary and advisable as the official accounting period of the Issuer; that provisions be made for the issuance of • "Governing Body" shall mean the City Notes to the amount of $812,000 pursuant to the Council of the City, or its successor in function provisions of Section 403.9(1) of the Code of with respect to the operation and control of the Iowa, payable from a portion of the income and Project Area; proceeds of the Revenue Fund and other funds • "Independent Auditor" shall mean an inde- of the City derived from or held in connection pendent firm of Certified Public Accountants or with the undertaking and carrying out of the the Auditor of State; Urban Renewal Plan for the Project Area as • "Issuer" and "City" shall mean the City of described herein. Dubuque, Iowa; NOW, THEREFORE, BE IT RESOLVED BY • "Minimum Improvements" shall mean the THE CITY COUNCIL OF THE CITY OF DUBU-construction of a corporate office/industrial QUE, IN THE COUNTY OF DUBUQUE, STATE facility by the Developer on the Development OF IOWA: Property for transfer to and use by the Employer Section 1. Definitions. In addition to the de-in accordance with the terms of the Develop- fined terms set forth in the preambles hereof, the ment Agreement; following terms shall have the following mean-• "Notes" or "Note" shall mean the $812,000 ings in this Resolution unless the text expressly Urban Renewal Tax Increment Revenue Note, or by necessary implication requires otherwise: Taxable Series 2006, authorized to be issued by • "Clerk" shall mean the City Clerk or such this Resolution; other officer of the successor Governing Body • "Original Purchaser" shall mean Dubuque as shall be charged with substantially the same Bank & Trust Company, Dubuque, Iowa, as the duties and responsibilities; purchaser of the Note from Issuer at the time of • "Corporate Seal" shall mean the official its original issuance; seal of Issuer adopted by the Governing Body; • "Paying Agent" shall be the City Treasurer, • "Developer" shall mean Chavenelle Ware-or such successor as may be approved by house Development, LLC, an Iowa limited Issuer as provided herein and who shall carry liability company; out the duties prescribed herein as Issuer's • "Development Agreement" shall mean the agent to provide for the payment of principal of Development Agreement dated as of June 19, and interest on the Note as the same shall 2006 between and among the City, the Devel-become due; oper and the Employer, as amended from time • "Project Area" shall mean the Dubuque In- to time; dustrial Center Economic Development District • "Development Property" shall mean that of the Issuer, as amended from time to time; portion of the Project Area being developed by • "Project Fund" or "Construction Account" the Developer under the terms of the Develop-shall mean the fund required to be established ment Agreement, upon which the Developer has Regular Session, November 20, 2006 431 by this Resolution for the deposit of the On the date of issuance of the Note, proceeds of the Note; proceeds of the Note in the amount set forth in • "Registrar" shall be the City Treasurer of the disbursement and repayment schedule Dubuque, Iowa, or such successor as may be attached to the Purchase Agreement shall be approved by Issuer as provided herein and who drawn upon and deposited in the Project Fund shall carry out the duties prescribed herein with and held in such fund until disbursed to the respect to maintaining a register of the owners Developer in accordance with the Development of the Note. Unless otherwise specified, the Agreement and applied to costs of issuance of Registrar shall also act as Transfer Agent for the the Note. In addition to such amount, the Note; amounts set forth in said disbursement and • "Tax Increments" means the property tax repayment schedule shall be withdrawn by the revenues divided and made available to the City Treasurer on December 31, 2006, June 30, for deposit in the Dubuque Industrial Center 2007, December 31, 2007 and June 30, 2008 (in Economic Development District Tax Increment the respective amounts set forth in the said Revenue Fund under the provisions of Section schedule) and deposited in the Sinking Fund 403.19 of the Code and the Ordinance; established in Section 16 hereof and thereafter • "Theisen TIF Account" means a separate applied to the payment of interest on the Note account to be established within the Dubuque on said dates. Industrial Center Economic Development Tax Section 4. Source of Payment. As provided Increment Revenue Fund of the City, in which and required by Chapter 403 of the Code of there shall be deposited all Tax Increments Iowa, and Section 403.9, the Note and interest received by the City in respect of the Minimum thereon shall be payable from and secured Improvements and the Development Property; solely and only by amounts deposited and held • "Treasurer" shall mean the City Treasurer from time to time in the Theisen TIF Account of or such other officer as shall succeed to the the City. The City hereby covenants and agrees same duties and responsibilities with respect to to maintain the Ordinance in force during the the recording and payment of the Note issued term of the Notes and to apply the Tax Incre- hereunder. ments collected in respect of the Development Section 2. Authorization .The Note autho-Property and the Minimum Improvements rized by this Resolution shall be issued pursuant located thereon and allocated to the Theisen TIF to Section 403.9 of the Code of Iowa, and in Account to the payment of the principal of and compliance with all applicable provisions of the interest on the Notes. Constitution and laws of the State of Iowa. The Notes shall not be payable in any man- Section 3. Authorization, Purpose, Approval ner from other Tax Increments collected in of Purchase Agreement and Disbursements. respect of other properties within the Project There are hereby authorized to be issued, one Area or by general taxation or from any other negotiable, serial, fully registered Urban Renew-City funds. The Notes shall not constitute an al Tax Increment Revenue Note, Taxable Series indebtedness within the meaning of any statuto- 2006, of the City of Dubuque, in the County of ry debt limitation or restriction and shall not be Dubuque, State of Iowa, in the aggregate subject to the provisions of any other law relat- principal amount of $812,000 for the purpose of ing to the authorization, issuance or sale of paying costs of aiding in the planning, undertak-notes. ing and carrying out of urban renewal project The Notes shall recite in substance that they activities under the authority of Chapter 403 of have been issued by the City in connection with the Code of Iowa and the Amended and Res-an urban renewal project as defined in Chapter tated Urban Renewal Plan for the Dubuque 403 of the Code of Iowa, and in any suit, action Industrial Center Economic Development or proceeding involving the validity or enforcea- District, including the funding of an economic bility of any Note issued hereunder or the development grant to Chavenelle Warehouse security therefore, such Notes shall be conclu- Development, LLC, under the terms of a Devel-sively deemed to have been issued for such opment Agreement dated June 19, 2006 by and purpose and such project shall be conclusively among the City of Dubuque, Chavenelle Ware-deemed to have been planned, located and house Development, LLC and Theisen Supply, carried out in accordance with the provisions of Inc. Chapter 403 of the Code of Iowa. The Purchase Agreement between the City Section 5. Note Details. Urban Renewal Tax and the Original Purchaser (the "Purchase Increment Revenue Notes of the City in the Agreement") is hereby approved in substantially amount of $812,000 shall be issued pursuant to the form presented at this meeting, and the the provisions of Section 403.9 of the Code of Mayor and City Clerk are authorized to execute Iowa for the aforesaid purpose. The Notes shall and deliver the same on behalf of the City with be designated "URBAN RENEWAL TAX IN- such changes as shall to them, upon the advice CREMENT REVENUE NOTE, TAXABLE of Corporation Counsel, be necessary or appro-SERIES 2006", be dated as of the date of priate. delivery, and bear interest from the date of 432 Regular Session, November 20, 2006 disbursement of the proceeds thereof at the rate ment duly executed by the holder or his duly of 8.25% per annum, until payment thereof, at authorized attorney in fact in such form as shall the office of the Paying Agent, and shall mature be satisfactory to the Registrar, along with the in the principal amounts set forth on the dis-address and social security number or federal bursement and repayment schedule attached to employer identification number of such transfe- the Purchase Agreement as Exhibit A and ree (or, if registration is to be made in the name incorporated herein by this reference. As set of multiple individuals, of all such transferees). In forth on said schedule, principal shall be payable the event that the address of the registered on December 31, 2008 and semiannually owner of a Note (other than a registered owner thereafter on the last business day of June and which is the nominee of the broker or dealer in December of each year in the amounts set forth question) is that of a broker or dealer, there therein until principal and interest are fully paid, must be disclosed on the Registration Books the except that the final installment of the entire information pertaining to the registered owner balance of principal and interest, if not sooner required above. Upon the transfer of any such paid, shall become due and payable on June 30, Note, a new fully registered Note, of any deno- 2018. mination or denominations permitted by this The Note shall be executed by the manual Resolution in aggregate principal amount equal signature of the Mayor and attested by the to the unmatured and unredeemed principal manual signature of the City Clerk, and im-amount of such transferred fully registered Note, pressed with the seal of the City and shall be and bearing interest at the same rate and fully registered as to both principal and interest maturing on the same date or dates shall be as provided in this Resolution; principal, interest delivered by the Registrar. and premium, if any shall be payable at the (c) Registration of Transferred Notes. In office of the Paying Agent by mailing of a check all cases of the transfer of the Notes, the Regi- to the registered owner of the Note. The Note strar shall register, at the earliest practicable shall be in the denomination of $1,000 or mul-time, on the Registration Books, the Notes, in tiples thereof and shall, at the request of the accordance with the provisions of this Resolu- Original Purchaser, be issued initially as a single tion. Note in the principal amount of $812,000 and (d) Ownership. As to any Note, the per- numbered R-1. son in whose name the ownership of the same Section 6. Redemption. The principal of the shall be registered on the Registration Books of Note may be called for redemption by the Issuer the Registrar shall be deemed and regarded as and paid before maturity on any date, from any the absolute owner thereof for all purposes, and funds regardless of source, in whole or from payment of or on account of the principal of any time to time in part, by giving thirty days' notice such Notes and the premium, if any, and interest of redemption by registered or certified mail, to thereon shall be made only to or upon the order the registered owner of the Note. The terms of of the registered owner thereof or his legal redemption shall be par, plus accrued interest to representative. All such payments shall be valid date of call. and effectual to satisfy and discharge the liability Section 7. Registration of Notes• Appoint-upon such Note, including the interest thereon, ment of Registrar Transfer Ownership, Delivery; to the extent of the sum or sums so paid. and Cancellation. (e) Cancellation. All Notes which have (a) Registration. The ownership of Notes been redeemed shall not be reissued but shall may be transferred only by the making of an be cancelled by the Registrar. All Notes which entry upon the books kept for the registration are cancelled by the Registrar shall be de- and transfer of ownership of the Notes, and in stroyed and a certificate of the destruction no other way. The Treasurer is hereby ap-thereof shall be furnished promptly to the Issuer; pointed as Note Registrar under the terms of this provided that if the Issuer shall so direct, the Resolution. Registrar shall maintain the books of Registrar shall forward the cancelled Notes to the Issuer for the registration of ownership of the the Issuer. Notes for the payment of principal of and interest (f) Non-Presentment of Notes. In the on the Notes as provided in this Resolution. All event any payment check representing payment Notes shall be negotiable as provided in Article of principal of or interest on the Notes is re- 8 of the Uniform Commercial Code and Section turned to the Paying Agent or is not presented 384.83(5) of the Code of Iowa, subject to the for payment of principal at the maturity or provisions for registration and transfer contained redemption date, if funds sufficient to pay such in the Notes and in this Resolution. principal of or interest on Notes (b) Transfer. The ownership of any Note shall have been made available to the may be transferred only upon the Registration Paying Agent for the benefit of the owner Books kept for the registration and transfer of thereof, all liability of the Issuer to the owner Notes and only upon surrender thereof at the thereof for such interest or payment of such office of the Registrar together with an assign-Notes shall forthwith cease, terminate and be Regular Session, November 20, 2006 433 completely discharged, and thereupon it shall be clusive evidence that the Note so authenticated the duty of the Paying Agent to hold such funds, has been duly issued under this Resolution and without liability for interest thereon, for the that the holder thereof is entitled to the benefits benefit of the owner of such Notes who shall of this Resolution. thereafter be restricted exclusively to such funds Section 11. Right to Name Substitute Paying for any claim of whatever nature on his part Agent or Registrar. Issuer reserves the right to under this Resolution or on, or with respect to, name a substitute, successor Registrar or such interest or Notes. The Paying Agent's Paying Agent upon giving prompt written notice obligation to hold such funds shall continue for a to each registered Noteholder. period equal to two years interest or principal Section 12. Form of Note. Notes shall be became due, whether at maturity, or at the date printed in substantial compliance with standards fixed for redemption thereof, or otherwise, at proposed by the American Standards Institute which time the Paying Agent, shall surrender (substantially in the form as provided) any remaining funds so held to the Issuer, Section 13. Equality of Lien. The timely payment whereupon any claim under this Resolution by of principal of and interest on the Notes shall be the Owners of such interest or Notes of whatev-secured equally and ratably by the Tax Incre- er nature shall be made upon the Issuer. ments collected and allocated to the Theisen TIF Section 8. Re-issuance of Mutilated, De-Account without priority by reason of number or stroyed, Stolen or Lost Notes. In case any time of sale or delivery; and the Tax Increments outstanding Note shall become mutilated or be collected and allocated to the Theisen TIF destroyed, stolen or lost, the Issuer shall at the Account are hereby irrevocably pledged to the request of Registrar authenticate and deliver a timely payment of both principal and interest as new Note of like tenor and amount as the Note the same become due. so mutilated, destroyed, stolen or lost, in ex-Section 14. Application of Note Proceeds. change and substitution for such mutilated Note Proceeds of the Note shall be drawn upon and to Registrar, upon surrender of such mutilated applied as described in Section 3 hereof. Sub- Note, or in lieu of and substitution for the Note ject to the limitations contained in Code Section destroyed, stolen or lost, upon filing with the 403.9(1) any amounts on hand in the Project Registrar evidence satisfactory to the Registrar Fund shall be available for the payment of the and Issuer that such Note has been destroyed, principal of or interest on the Note at any time stolen or lost and proof of ownership thereof, that other funds shall be insufficient to the and upon furnishing the Registrar and Issuer purpose, in which event such funds shall be with satisfactory indemnity and complying with repaid to the Project Fund at the earliest oppor- such other reasonable regulations as the Issuer tunity. Any balance on hand in the Project Fund or its agent may prescribe and paying such and not immediately required for its purposes expenses as the Issuer may incur in connection may be invested not inconsistent with limitations therewith. provided by law or this Resolution. Section 9. Record Date. Payments of prin-Section 15. Tax Levy. After its adoption, a cipal and interest, otherwise than upon full copy of this Resolution shall be filed in the office redemption, made in respect of any Note, shall of the County Auditor of Dubuque County to be made to the registered holder thereof or to evidence the pledging of a portion of the Dubu- their designated agent as the same appear on que Industrial Center Economic Development th the books of the Registrar on the 15 day of the District Tax Increment Revenue Fund and the month preceding the payment date. All such portion of taxes to be paid into the Theisen TIF payments shall fully discharge the obligations of Account and, pursuant to the direction of Section the Issuer in respect of such Notes to the extent 403.19 of the Code of Iowa, the Auditor shall of the payments so made. Payment of principal thereafter allocate the taxes in accordance shall only be made upon surrender of the Note therewith and in accordance with the Ordinance to the Paying Agent. referred to in the preamble hereof. Section 10. Execution, Authentication and It is hereby certified that the annual amount Delivery of the Notes. Upon the adoption of this of Tax Increments to be collected in respect of Resolution, the Mayor and Clerk shall execute the Development Property and the Minimum and deliver the Notes to the Registrar, who shall Improvements located thereon pursuant to authenticate the Notes and deliver the same to Section 403.19(2) of the Code of Iowa shall be or upon order of the Original Purchaser. No Note not less than the annual requirement for princip- al and interest on the Note, as follows: shall be valid or obligatory for any purpose or shall be entitled to any right or benefit hereunder unless the Registrar shall duly endorse and execute on such Note a Certificate of Authenti- cation substantially in the form of the Certificate herein set forth. Such Certificate upon any Note executed on behalf of the Issuer shall be con- 434 Regular Session, November 20, 2006 Amount of Fiscal Year shall be continuously secured by a valid pledge Principal (July 1 to June 30) of direct obligations of the United States Gov- and Interest Year of Collection ernment having an equivalent market value. $120,000 2008/2009 Alternatively, such moneys may be invested in 120,000 2009/2010 tax-exempt bonds or obligations of any state or 120,000 2010/2011 political subdivision thereof which are rated by 120,000 2011/2012 Moody's Investors Service or Standard & Poor's 120,000 2012/2013 Corporation at a rating classification equal to or 120,000 2013/2014 120,000 2014/2015 better than the rating carried by the Notes or, in 120,000 2015/2016 the case of short-term obligations, a rating of 120,000 2016/2017 MIG-l, S&P-I or better. All such interim invest- 120,000 2017/2018 ments shall mature before the date on which the Section 16. Application of Revenues. From moneys are required for the purposes for which and after the delivery of the Note, and as long as said fund was created or otherwise as herein the Note shall be outstanding and unpaid either provided. The provisions of this Section shall not as to principal or as to interest, or until the Note be construed to require the Issuer to maintain shall have been discharged and satisfied in the separate bank accounts for the funds created by manner provided in this Resolution, the Tax this Section; except the Sinking Fund shall be Increments collected in respect of the Develop- maintained in a separate account but may be ment Property and the Minimum Improvements invested in conjunction with other funds of the located thereon shall be deposited as collected City, but designated as a trust fund on the books in the Theisen TIF Account and shall be dis- and records of the City. bursed only as follows: All income derived from such investments (a) Sinking Fund. There is hereby estab- shall be deposited in the Theisen TIF Account lished and shall be maintained a special fund and shall be regarded as revenues thereof. within the Theisen TIF Account from which Such investments shall at any time necessary interest and principal on the Note will be paid. be liquidated and the proceeds thereof applied The fund shall be known as the Theisen Princip- to the purpose for which the respective fund was al and Interest Fund (the "Sinking Fund"). The created. amount to be deposited in the Sinking Fund in Section 17. Covenants Regarding the Op- any year shall be an amount equal to the inter- eration of the Project Area. The Issuer hereby est and principal coming due on such Note covenants and agrees with each and every during the fiscal year. Money shall be first holder of the Notes: deposited into the Interest Account of the (a) Maintenance in Force. The Issuer will Sinking Fund to an amount equal to the interest maintain the Urban Renewal falling due in each fiscal year. Money shall next Plan and the Ordinance in force and will be deposited into the Principal Account of the cause the incremental taxes from the Develop- Sinking Fund to an amount equal to the principal ment Property and Minimum Improvements to falling due in each fiscal year. Money in the be levied annually and certified to the County Sinking Fund shall be used solely for the pur- Auditor in an amount not less than the principal pose of paying principal of and interest on the and. interest falling due within the year, and Note, as the same shall become due and applied as provided in this Resolution, unless payable. the Notes are paid or sufficient provision for their (b) Surplus Revenue. All revenues the- payment is made. Provided, however, that to the reafter remaining in the Theisen TIF Account extent that amounts are on hand and are suffi- shall be deposited to remedy any deficiency in cient. To meet the payments required to be any of the funds created by this Resolution, or made and to maintain a sufficient balance in. may be used to pay or reimburse the Issuer for each fund as required by this Resolution, the other loans, moneys advanced to or indebted- Issuer may abate the levy of incremental taxes ness incurred to finance or refinance in whole or in any year. in part the project of the Developer, as permitted (b) Accounting and Audits. The Issuer will by law, or may be used to pay or redeem the cause to be kept proper books and accounts Notes or for any other lawful purpose. adapted to the Project Area and in accordance Moneys on hand in the Project Fund and with generally accepted accounting practices, all of the funds provided by this Section may be and will cause the books and accounts to be. invested only in direct obligations of the United audited annually not later than 180 days after States Government or deposited in financial the end of each fiscal year by an. Independent institutions which are members of the Federal Auditor and will provide copies of the audit Deposit Insurance Corporation ("FDIC") and the report to the Original Purchaser upon request deposits in which are insured thereby and all The Original Purchaser and holders of any of the such deposits exceeding the maximum amount Notes shall have at all reasonable times the right insured from time to time by FDIC or its equiva- to inspect the Issuer's records, accounts and lent successor in any one financial institution Regular Session, November 20, 2006 435 data of the Issuer relating to the Revenue Fund may be payable on the redemption of the same; or the Theisen TIF Account. provided that proper notice of redemption of all (c) State Laws. The Issuer will faithfully such obligations to be redeemed shall have and punctually perform all duties with reference been previously published or provisions shall to the Urban Renewal Plan required by the have been made for such publication. Constitution and laws of the State of Iowa, and Upon such payment or deposit of money or will segregate the revenues of the Project Area securities, or both, in the amount and manner and apply said revenues to the funds as speci-provided by this Section, all liability of the Issuer fied in this Resolution. with respect to the Notes shall cease, determine (d) Amendments. The Issuer reserves the and be completely discharged, and the holders right to amend the Urban Renewal Plan for the thereof shall be entitled only to payment out of Project Area and the Ordinance in its lawful the money or securities so deposited. discretion; provided, that in no event shall Section 21. Resolution a Contract. The pro- obligations resulting from an amendment or visions of this Resolution shall constitute a merger thereof have any priority over the Note. contract between the Issuer and the holder or Section 18. Remedies of Noteholders. Ex-holders of the Note, and after the issuance of cept as herein expressly limited the holder or any of the Note no change, variation or altera- holders of the Notes shall have and possess all tion of any kind in the provisions of this Resolu- the rights of action and remedies afforded by the tion shall be made in any manner, except as common law, the Constitution and statutes of provided in the next succeeding Section, until the State of Iowa, and of the United States of such time as all of the Note, and interest due America, for the enforcement of payment of their thereon, shall have been satisfied and dis- Notes and interest thereon, and of the pledge of charged as provided in this Resolution. the revenues made hereunder, and of all cove-Section 22. Modification of Resolution. This nants of the Issuer hereunder. Resolution may be amended from time to time if Section 19. No Prior Lien or Parity Notes. such amendment shall have been consented to The Issuer will issue no other bonds or obliga-by holders of not less than two-thirds in principal tions of any kind or nature payable from or amount of the Notes at any time outstanding enjoying a lien or claim on the property or (not including in any case any Notes which may revenues of the Theisen TIF Account having then be held or owned by or for the account of priority over the Note or standing on a parity the Issuer, but including such Refunding Notes therewith with respect to the lien and claim of as may have been issued for the purpose of such additional obligations to the revenues refunding any of such Notes if such Refunding thereof and the money on deposit in the funds Notes shall not then be owned by the Issuer); created in this Resolution, without the written but this Resolution may not be so amended in consent of the Original Purchaser or other such manner as to: registered holder of the Note. The Issuer re-(a) Make any change in the maturity or inter- serves the right to issue other obligations est rate of the Notes, or modify the terms of payable from the Tax Increments collected in payment of principal of or interest on the Notes respect of other properties within the Project or any of them or impose any conditions with Area, without notice to or consent of the Original respect to such payment; Purchaser. (b) Materially affect the rights of the holders Section 20. Discharge and Satisfaction of of less than all of the Notes then outstanding; Notes. The covenants, liens and pledges en-and tered into, created or imposed pursuant to this (c) Reduce the percentage of the principal Resolution may be fully discharged and satisfied amount of Notes, the consent of the holders of with respect to the Note in any one or more of which is required to effect a further amendment. the following ways: Whenever the Issuer shall propose to amend (a) By paying the Note when the same shall this Resolution under the provisions of this become due and payable; or Section, it shall cause notice of the proposed (b) By depositing in trust with the Treasurer, amendment to be filed with the Original Pur- or with a corporate trustee designated by the chaser or to be mailed by certified mail to any governing body for the payment of said obliga-other registered owner of the Note as shown by tions and irrevocably appropriated exclusively to the records of the Registrar. Such notice shall that purpose an amount in cash or direct obliga-set forth the nature of the proposed amendment tions of the United States the maturities and and shall state that a copy of the proposed income of which shall be sufficient to retire at amendatory Resolution is on file in the office of maturity, or by redemption prior to maturity on a the City Clerk. designated date upon which said obligations Whenever at any time within one year from may be redeemed, all of such obligations the date of the mailing of said notice there shall outstanding at the time, together with the inter-be filed with the City Clerk an instrument or est thereon to maturity or to the designated instruments executed by the holders of at least redemption date, premiums thereon, if any that two-thirds in aggregate principal amount of the 436 Regular Session, November 20, 2006 Notes then outstanding as in this Section notice of hearing to consider an agreement defined, which instrument or instruments shall between Pine Box, LLLP / Washington Court, LP refer to the proposed amendatory Resolution for the exchange of property for construction of described in said notice and shall specifically parking facilities at 18th and Washington Streets consent to and approve the adoption thereof, and City Manager recommending approval, thereupon, but not otherwise, the governing presented and read. Michalski moved that the body of the Issuer may adopt such amendatory Crescent Community Health Center – Request Resolution and such Resolution shall become to vacate be removed from the table and moved effective and binding upon the holders of all of adoption of Resolution No. 563-06 Approving the Notes. the agreement between the City of Dubuque, Any consent given by the holder of a Note Iowa, Washington Court, L.P., and Pine Box, pursuant to the provisions of this Section shall LLLP and disposing of City interest in the South be irrevocable for a period of six months from ½ of Lot 157, the North ½ of Lot 157, the South the date of the instrument evidencing such ½ of Lot 158, and the North ½ of Lot 158, all in consent and shall be conclusive and binding East Dubuque Addition in the City of Dubuque, upon all future holders of the same Note during Dubuque County, Iowa and the City’s interest in such period. Such consent may be revoked at Lots 159, 160 and 161 in East Dubuque, an any time after six months from the date of such addition to the City of Dubuque, Dubuque instrument by the holder who gave such consent County, Iowa, according to the recorded plat or by a successor in title by filing notice of such thereof; Resolution No. 564-06 Approving plat of revocation with the City Clerk. proposed vacated alley between Washington The fact and date of the execution of any Street and Elm Street from 17th Street to 18th instrument under the provisions of this Section Street; Resolution No. 565-06 Vacating an alley may be proved by the certificate of any officer in between Washington Street and Elm Street from any jurisdiction who by the laws thereof is 17th Street to 18th Street, and Resolution No. authorized to take acknowledgments of deeds 566-06 Disposing of City interest in Lot 159B of within such jurisdiction that the person signing “East Dubuque” an addition in the City of Dubu- such instrument acknowledged before him the que, Dubuque County, Iowa. Seconded by execution thereof, or may be proved by an Jones. Motion carried 7-0. affidavit of a witness to such execution sworn to RESOLUTION NO. 563-06 before such officer. APPROVING THE AGREEMENT BETWEEN The amount and numbers of the Notes held THE CITY OF DUBUQUE, IOWA, WASHING- by any person executing such instrument and TON COURT, L.P., AND PINE BOX, LLLP the date of his holding the same may be proved AND DISPOSING OF CITY INTEREST IN THE by an affidavit by such person or by a certificate SOUTH HALF AND THE WESTERLY 5 FEET executed by an officer of a bank or trust compa- OF THE NORTH ½ OF THE VACATED ALLEY ny showing that on the date therein mentioned LEGALLY DESCRIBED AS LOT 159B, THE such person had on deposit with such bank or SOUTH ½ OF LOT 157, THE NORTH ½ OF trust company the Notes described in such LOT 157, THE SOUTH ½ OF LOT 158, AND certificate. THE NORTH ½ OF LOT 158, ALL IN EAST Section 23. Severability. If any section, pa- DUBUQUE ADDITION IN THE CITY OF DU- ragraph, or provision of this Resolution shall be BUQUE, DUBUQUE COUNTY, IOWA AND IN held to be invalid or unenforceable for any THE CITY’S INTEREST IN LOTS 159, 160 AND reason, the invalidity or unenforceability of such 161 IN EAST DUBUQUE, AN ADDITION TO section, paragraph or provision shall not affect THE CITY OF DUBUQUE, DUBUQUE COUN- any of the remaining provisions. TY, IOWA, ACCORDING TO THE RECORDED Section 24. Repeal of Conflicting Ordinances PLAT THEREOF ACCORDING TO THE or Resolutions and Effective Date. All other AGREEMENT ordinances, resolutions and orders, or parts thereof, in conflict with the provisions of this WHEREAS, the City of Dubuque (City) is the Resolution are, to the extent of such conflict, owner, or intends to acquire, the following hereby repealed; and this Resolution shall be in described property in Dubuque, Iowa: The South effect from and after its adoption. ½ of Lot 157, the North ½ of Lot 157, the South th Passed and approved this 20 day of No-½ of Lot 158, and the North ½ of Lot 158, all in vember, 2006. East Dubuque Addition in the City of Dubuque, Roy Buol, Mayor Dubuque County, Iowa; Attest: Jeanne F. Schneider, City Clerk and WHEREAS, Washington Court, L.P. (Wash- Pine Box LLLP / Washington Court, LP ington Court) and Pine Box, LLLP (Pine Box) are Agreement and Crescent Community Health the owners of all of the condominium units in the Center – Request to Vacate (Action Tabled on Washington Court Building Horizontal Property November 6, 2006): Proof of publication on Regime as defined and established in a Declara- Regular Session, November 20, 2006 437 tion of Submission to Horizontal Property Re-NOW THEREFORE, BE IT RESOLVED BY gime filed on February 16, 2006, as Instrument THE CITY COUNCIL OF THE CITY OF DUBU- No. 2006-2304 of the land records of Dubuque QUE, IOWA: County, Iowa; and Section 1. That the Agreement between and WHEREAS, the following described property among the City of Dubuque, Iowa, Washington is a part, but not all, of the land in the Washing-Court, L.P., and Pine Box, LLLP is hereby ton Court Building Horizontal Property Regime, approved. to wit: Lots 159, 160 and 161 in East Dubuque, Section 2. The disposal of the City’s interest an addition to the city of Dubuque, Dubuque in the south half and the westerly 5 feet of the County, Iowa, according to the recorded plat north ½ of the vacated alley legally described as thereof; and Lot 159B, and the South ½ of Lot 157, the North WHEREAS, Lots 159, 160 and 161 were ½ of Lot 157, the South ½ of Lot 158, and the designated in the Declaration of Submission to North ½ of Lot 158, all in East Dubuque Addition Horizontal Property Regime to become a park-in the City of Dubuque, Dubuque County, Iowa, ing lot, and under §2.03 of the Declaration of and the North ½ of Lot 159, and Lots 160 and Submission to Horizontal Property Regime, said 161, as set forth in the Agreement, is approved. th lots are currently part of Unit B of the Washing-Passed, approved and adopted this 20 day ton Court Building Horizontal Property Regime, of November, 2006. which unit is owned by Washington Court, L.P.; Roy D. Buol, Mayor and Attest: Jeanne F. Schneider, CMC, City Clerk WHEREAS, Pine Box intends to lease Unit A RESOLUTION NO. 564-06 of the Horizontal Property Regime to TriState APPROVING PLAT OF PROPOSED VA- Community Health (TriState) which will operate CATED ALLEY BETWEEN WASHINGTON the Crescent Community Health Center (the STREET AND ELM STREET FROM 17TH Center) from Unit A; and STREET TO 18TH STREET WHEREAS, TriState needs additional park- ing for the Center and City believes that the Whereas, there has been presented to the Center and the acquisition of additional parking City Council of the City of Dubuque, Iowa, a plat for the Center would be a benefit to the citizens dated the 9th day of October, 2006, prepared by of the City of Dubuque; and Buesing & Associates, describing the proposed WHEREAS, City, Washington Court and vacated Lots 159A and 159B of “East Dubuque” Pine Box have negotiated an Agreement, a copy an Addition in the City of Dubuque, Dubuque of which is now on file in the Office of the City County, Iowa; and th Clerk, City Hall, 50 West 13 Street, Dubuque, Whereas, said plat conforms to the laws and Iowa, 52001-4864, pursuant to which City will statutes pertaining thereto. convey the south half and the westerly 5 feet of NOW, THEREFORE, BE IT RESOLVED BY the north ½ of the vacated alley legally de-THE CITY COUNCIL OF THE CITY OF DUBU- scribed as Lot 159B, and the South ½ of Lot QUE, IOWA: 157, the North ½ of Lot 157, the South ½ of Lot Section 1. That the plat dated the 9th day of 158, and the North ½ of Lot 158, all in East October, 2006, prepared by Buesing & Asso- Dubuque Addition in the city of Dubuque, ciates, relative to the real estate hereinabove Dubuque County, Iowa (the City Property), to described be and the same is hereby approved, Washington Court, in exchange for Washington and the Mayor and City Clerk be and they are Court and Pine Box conveying to City the North hereby authorized and directed to execute said ½ of Lot 159 and Lots 160 and 161. City also plat for and on behalf of the City of Dubuque, agrees to grant to Pine Box a right of first refusal Iowa. in the event that City should determine that it Section 2. The City of Dubuque reserves un- wishes to dispose of the North ½ of Lot 159, and to itself a perpetual easement including the right Lots 160 and 161; and of ingress and egress thereto, for the purpose of Whereas, pursuant to resolution and pub-erecting, installing, constructing, reconstructing, lished notice of time and place of hearing, repairing, owning, operating, and maintaining published in the Telegraph Herald, a newspaper water, sewer, drainage, gas, telephone, TV. of general circulation published in the City of cable, and electric lines as may be authorized by th Dubuque, Iowa on the 10 day of November, the City of Dubuque, Iowa, as shown on the Plat 2006, the City Council of the City of Dubuque, of Survey of Lots 159A and 159B of “East Iowa met on the 20th day of November, 2006, at Dubuque” an Addition in the City of Dubuque, 6:30 p.m. in the Public Library Auditorium, 360 Dubuque County, Iowa. West 11 Street, Dubuque, Dubuque County, Section 3. That the City Clerk be and is he- Iowa to consider the proposal for the exchange reby authorized and directed to file said plat and of real estate described above; and certified copy of this resolution in the office of Whereas, the City Council of the City of Du-the Recorder in and for Dubuque County, Iowa. th buque, Iowa overruled any and all objections, Passed, approved and adopted this 20 day oral or written to the proposal. of November, 2006. 438 Regular Session, November 20, 2006 Roy D. Buol, Mayor que” an Addition in the City of Dubuque, Dubu- Attest: Jeanne F. Schneider, CMC, City Clerk que County, Iowa Whereas, the City Council of the City of Du- RESOLUTION NO. 565-06 buque, Iowa overruled any and all objections, VACATING AN ALLEY BETWEEN WASHING- oral or written to the proposal to sell such real TON STREET AND ELM STREET FROM 17TH estate, except for easement as noted. STREET TO 18TH STREET NOW, THEREFORE, BE IT RESOLVED BY Whereas, John Gronen, representing Pine THE CITY COUNCIL OF THE CITY OF DUBU- Box, LLLP and Washington Court, LP, has QUE, IOWA: requested the vacating of an alley between Section 1. That the sale of City of Dubuque Washington Street and Elm Street from 17th real property described as Lot 159B of “East Street to 18th Street; and Dubuque” an Addition in the City of Dubuque, Whereas, Buesing & Associates has pre-Dubuque County, Iowa, to Washington Court, pared and submitted to the City Council a plat LP be and the same is hereby approved for the showing the vacated alley between Washington exchange of properties. Conveyance shall be by Street and Elm Street from 17th Street to 18th Quit Claim Deed. Street and assigned a lot number thereto, which Section 2. That the Mayor be authorized and hereinafter shall be known and described as directed to execute a Quit Claim Deed, and the Lots 159A and 159B of “East Dubuque” an City Clerk be and is hereby authorized and Addition in the City of Dubuque, Dubuque directed to deliver said deed of conveyance to County, Iowa; and Washington Court, LP, upon receipt of the Whereas, the City Council of the City of Du-executed Agreement among Washington Court, buque, Iowa has determined that the alley LP, Pine Box, LLLP, and the City of Dubuque. between Washington Street and Elm Street from Section 3. That the City Clerk be and is he- 17th Street to 18th Street is no longer required reby authorized and directed to record a certified for public use, except for reserving the utility copy of this resolution in the offices of the City easements as noted, and vacating of said alley Assessor, Dubuque County Recorder and between Washington Street and Elm Street from Dubuque County Auditor. th 17th Street to 18th Street known as Lots 159A Passed, approved and adopted this 20 day and 159B of “East Dubuque” an Addition in the of November, 2006. City of Dubuque, Dubuque County, Iowa, should Roy D. Buol, Mayor be approved. Attest: Jeanne F. Schneider, CMC, City Clerk NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-Oak Court – Request to Vacate: Proof of QUE, IOWA: publication on notice of hearing to consider a Section 1. That the real estate described as request from Richard L. Harrison to vacate and Lots 159A and 159B of “East Dubuque” an purchase a portion of Oak Court at Rising Addition in the City of Dubuque, Dubuque Avenue and City Manager recommending County, Iowa, be and the same is hereby approval, presented and read. Jones moved vacated. adoption of Resolution No. 567-06 Approving th Passed, approved and adopted this 20 day plat of proposed vacated portion of Oak Court at of November, 2006. Rising Avenue; Resolution No. 568-06 Vacating Roy D. Buol, Mayor a portion of Oak Court at Rising Avenue, and Attest: Jeanne F. Schneider, CMC, City Clerk Resolution No. 569-06 Disposing of City interest in Lot 32A of Union Addition in the City of RESOLUTION NO. 566-06 Dubuque, Dubuque County, Iowa. Seconded by DISPOSING OF CITY INTEREST IN LOT 159B Connors. Motion carried 7-0. of “EAST DUBUQUE” AN ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, RESOLUTION NO. 567-06 IOWA APPROVING PLAT OF PROPOSED VA- CATED PORTION OF OAK COURT AT RIS- Whereas, pursuant to resolution and pub- ING AVENUE lished notice of time and place of hearing, published in the Telegraph Herald, a newspaper Whereas, there has been presented to the of general circulation published in the City of City Council of the City of Dubuque, Iowa, a plat th Dubuque, Iowa on this 27 day of October, dated the 27th day of October, 2006, prepared 2006, the City Council of the City of Dubuque, by William Burger, Land Surveyor, describing th Iowa met on the 6 day of November, 2006, at the proposed vacated portion of Oak Court at 6:30 p.m. in the Public Library Auditorium, 360 Rising Avenue; and West 11 Street, Dubuque, Dubuque County, Whereas, said plat conforms to the laws and Iowa to consider the proposal for the sale of real statutes pertaining thereto. estate described as: Lot 159B of “East Dubu- Regular Session, November 20, 2006 439 NOW THEREFORE, BE IT RESOLVED BY 6:30 p.m. in the Public Library Auditorium, 360 THE CITY COUNCIL OF THE CITY OF DUBU-West 11 Street, Dubuque, Dubuque County, QUE, IOWA: Iowa to consider the proposal for the sale of real Section 1. That the plat dated the 27th day of estate described as: Lot 32A of Union Addition October, 2006, prepared by William Burger, in the City of Dubuque, Dubuque County, Iowa Land Surveyor, relative to the real estate herei-Whereas, the City Council of the City of Du- nabove described be and the same is hereby buque, Iowa overruled any and all objections, approved, and the Mayor and City Clerk be and oral or written to the proposal to sell such real they are hereby authorized and directed to estate. execute said plat for and on behalf of the City of NOW, THEREFORE, BE IT RESOLVED BY Dubuque, Iowa. THE CITY COUNCIL OF THE CITY OF DUBU- Section 2. That the City Clerk be and is he-QUE, IOWA: reby authorized and directed to file said plat and Section 1. That the sale of City of Dubuque certified copy of this resolution in the office of real property described as Lot 32A of Union the Recorder in and for Dubuque County, Iowa. Addition in the City of Dubuque, Dubuque th Passed, approved and adopted this 20 day County, Iowa, to Richard L. Harrison be and the of November, 2006. same is hereby approved for the sum of $300, Roy D. Buol, Mayor plus platting, publication and filing fees. Con- Attest: Jeanne F. Schneider, CMC, City Clerk veyance shall be by Quit Claim Deed. Section 2. That the Mayor be authorized and RESOLUTION NO. 568-06 directed to execute a Quit Claim Deed, and the VACATING A PORTION OF OAK COURT AT City Clerk be and is hereby authorized and RISING AVENUE directed to deliver said deed of conveyance to Whereas, Richard L. Harrison, has re-Richard L. Harrison upon receipt of the purchase quested the vacating of a portion of Oak Court at price in full. Rising Avenue; and Section 3. That the City Clerk be and is he- Whereas, William Burger, Land Surveyor, reby authorized and directed to record a certified has prepared and submitted to the City Council copy of this resolution in the offices of the City a plat showing the vacated portion of Oak Court Assessor, Dubuque County Recorder and at Rising Avenue and assigned lot number Dubuque County Auditor. th thereto, which hereinafter shall be known and Passed, approved and adopted this 20 day described as Lot 32A of Union Addition in the of November, 2006. City of Dubuque, Dubuque County, Iowa; and Roy D. Buol, Mayor Whereas, the City Council of the City of Du-Attest: Jeanne F. Schneider, CMC, City Clerk buque, Iowa has determined that this portion of Oak Court at Rising Avenue is no longer re-Upon motion the rules were reinstated limit- quired for public use and vacating of said portion ing discussion to the Council. of Oak Court at Rising Avenue, known as Lot ACTION ITEMS 32A of Union Addition in the City of Dubuque, Dubuque County, Iowa, should be approved. NOW, THEREFORE, BE IT RESOLVED BY Residential Parking Permit District (First THE CITY COUNCIL OF THE CITY OF DUBU-Reading on November 6, 2006): City Manager QUE, IOWA: transmitting information about parking enforce- Section 1. That the real estate described as ment efforts related to Hansel Drive and the Lot 32A of Union Addition in the City of Dubu-recently created Residential Parking Permit que, Dubuque County, Iowa, be and the same is District “H,” presented and read. An Ordinance hereby vacated. Establishing a Residential Parking Permit th Passed, approved and adopted this 20 day District on Hansel Drive from Keystone Drive to of November, 2006. Keymont Drive, said Ordinance having been Roy D. Buol, Mayor presented and read at the Council Meeting of Attest: Jeanne F. Schneider, CMC, City Clerk 11/6/06 now presented for further action. Staff was directed to work with the Dubuque Commu- RESOLUTION NO. 569-06 nity School District to find solutions to the DISPOSING OF CITY INTEREST IN LOT 32A parking problems. Jones moved that this be OF UNION ADDITION IN THE CITY OF DU- considered the second reading of the Ordin- BUQUE, DUBUQUE COUNTY, IOWA ance. Seconded by Michalski. Carried by the Whereas, pursuant to resolution and pub-following vote: Yeas: Braig, Buol, Connors, lished notice of time and place of hearing, Jones, and Lynch. Nays: Cline, Michalski. published in the Telegraph Herald, a newspaper of general circulation published in the City of Parking Violation Fine Increases: City Man- Dubuque, Iowa on this 10th day of November, ager recommending that fine amounts for certain 2006, the City Council of the City of Dubuque, parking violations (excluding expired parking th Iowa met on the 20 day of November, 2006, at meter violations) be increased from the current 440 Regular Session, November 20, 2006 $7 initial fee and 30-day increase to $12 to the 4. Parking in violation of any designat- proposed structure of an initial fine of $15 and ed fire lane, a fine of fifty dollars an increase to $20 if not paid within 30 calendar ($50.00). days, presented and read. Council discussed 5. Parking in violation of snow route re- the safety issues related to the various parking strictions, a fine of thirty dollars violations and whether or not raising the fines ($30.00) if paid within (30) calendar would prove to be a deterrent. The motion was days of the date of the violation. If amended to approve the City Manager’s rec-payment is not made within such thirty ommendations except that the fine for a snow (30) calendar days, said fine shall be route violation would be increased to thirty thirty-five dollars ($35.00). dollars $30.00 if paid within (30) calendar days Payment of the above fine by mail to the city of the date of the violation and thirty-five dollars treasurer shall be deemed paid as of the date of ($35.00) if not paid within thirty days. Ordinance the postmark on the envelope thereof. No. 74-06 Amending the City of Dubuque Code Section 3. This Ordinance shall take effect of Ordinances Section 32-279 Parking Violations upon publication. th – Fines by increasing the fines for certain Passed, approved and adopted this 20 day stopping, standing and parking violations, as of November, 2006. amended, presented and read. Connors moved /s/Roy D. Buol, Mayor that the requirement that a proposed Ordinance Attest: Jeanne F. Schneider, CMC, City Clerk be considered and voted on for passage at two Published officially in the Telegraph Herald the th Council Meetings prior to the meeting at which it 24 day of November, 2006. is to be finally passed be suspended. Seconded /s/Jeanne F. Schneider, CMC, City Clerk by Jones. Motion carried 7-0. Connors moved 1t 11/24 final consideration and passage of the Ordin- ance. Seconded by Jones. Motion carried 7-0. AIA Sustainable Design Assessment Team (SDAT) Application: City Manager recommend- OFFICIAL PUBLICATION ing approval of the submission of an AIA Sus- ORDINANCE NO. 74-06 tainable Design Assessment Team (SDAT) AMENDING THE CITY OF DUBUQUE CODE Application, upon motion received and filed and OF ORDINANCES SECTION 32-279. PARK- approved recommendation. ING VIOLATIONS-FINES BY INCREASING THE FINES FOR CERTAIN STOPPING, Designation of Star Brewery Drive: City STANDING AND PARKING VIOLATIONS Manager recommending that the portion of Section 1. City of Dubuque Code of Ordin-vacated Fourth Street Extension between Bell ances § 32-279 is amended to read as follows: Street and the railroad tracks be named Star Sec. 32-279. Parking Violations-Fines: Brewery Drive to provide a street address for the The owner or operator of any vehicle who building and its tenants, upon motion received shall receive notice, either personally or by the and filed and approved recommendation. attaching of such notice to said vehicle, that said vehicle is parked in such manner, in such a Legislative Priorities: City Manager submit- place or for such a time as to violate the provi-ting the City’s Legislative Priorities for the 2007 sions of this chapter relating to the parking of Legislative Session, upon motion received and vehicles shall pay to the city treasurer as a filed and approved. penalty for such violation the following sum: 1. Except as provided in subsection (2), Fiscal Year 2008 Policy Guidelines: City (3) or (4), any violation of the subsec-Manager submitting the Fiscal Year 2008 Policy tions of Article VIII. Stopping, Standing Guidelines for City Council review and approval, and Parking, an initial fine of fifteen dol-upon motion received and filed and approved lars ($15.00) if paid within thirty (30) ca-recommendation. Jones stated that Guideline lendar days of the date of the violation. No. 10 is a longstanding problem and moved If payment is not made within such thir-that it be taken off the list. Motion died for lack of ty (30) calendar days, said fine shall be a second. twenty dollars ($20.00). COUNCIL MEMBER REPORTS 2. Disabled Parking Violations, a fine of one hundred dollars ($100.00). 3. Expired Parking Meter Violations, an Mayor Buol shared that he attended a sum- initial fine of seven dollars ($7.00) if mit in Sundance, Utah and brought back a lot of paid within thirty (30) calendar days of information about the urgency of the earth’s the date of the violation. If payment is climate changes and that a DVD entitled ”Too not made within such thirty (30) calen-Hot to Handle” will go out to community groups. dar days, said fine shall be twelve dol- lars ($12.00). Regular Session, December 4, 2006 441 DUBUQUE Council Member Braig requested an update CITY COUNCIL on the Blufftop Ordinance and requested a copy OFFICIAL of the survey going out to committee members. PROCEEDINGS Council Member Michalski stated there had been five ribbon cuttings since the last meeting and six ground breakings. City Council, Regular Session, December 4, 2006 Council Member Jones shared information Council met at 6:30 P.M. in the Public Li- about the potluck at the Police Department that brary Auditorium was held for the benefit of Hills and Dales. At 8:26 p.m. upon motion Council went into Present: Mayor Buol, Council Members Closed Session re: Pending Litigation and Braig, Cline, Connors, Jones, Lynch, Michalski, Property Acquisition – Chapter 21.5(1)(c)(j) 2005 City Manager Van Milligen, City Attorney Lindahl Code of Iowa. Mayor Buol read the call and stated this is a At 8:37 p.m. Council reconvened regular regular session of the City Council called for the session stating that staff had been given proper purpose of discussing such matters which may direction. properly come before the Council. There being no further business, upon mo- Invocation was given by Joanne M. Burrows, tion meeting adjourned at 8:38 p.m. SC, PHD, and President of Clarke College /s/ Jeanne F. Schneider, CMC CONSENT ITEMS City Clerk Motion by Cline to receive and file the docu- ments, refer to staff, and adopt resolutions as specified. Seconded by Lynch. Braig requested (12) Human Rights Commission Annual Report be held for separate discussion. Motion carried 7-0. Minutes and Reports Submitted: Airport Commission of 10/23 and 11/13; City Council of 11/20; Electrical Code Board of 11/20; Housing Code Appeals Board of 6/20; Long Range Planning Advisory Commission of 11/15; Park and Recreation Commission of 10/10; Plumbing Board of 11/15; Transit Board of 10/12 and 11/9, upon motion received and filed. Proof of publication of City Council Proceed- ings of November 6, 2006, upon motion received and filed. Printed City Council Proceedings for July and August 2006, upon motion received and filed and approved as printed. Notice of Claims/Suits: Mortgage Electronic Registration Systems, Inc. vs. City of Dubuque Housing and Community Development Depart- ment, et al, upon motion received and filed and referred to the City Attorney. City Attorney advising that the following claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Tricia Vosberg-Padgett for personal injury, upon motion received and filed and concurred. E.B. Lyons Interpretive Center Expansion Project: Communications from the Long Range Planning Advisory Commission, Historic Preser- vation Commission and the Environmental 442 Regular Session, December 4, 2006 Stewardship Advisory Commission in support of NOW, THEREFORE, BE IT RESOLVED BY the E.B. Lyons Interpretive Center Expansion THE CITY COUNCIL OF THE CITY OF DUBU- Project, upon motion received and filed. QUE, IOWA: Section 1. That the City Council of the City of Comprehensive Plan Update: Long Range Dubuque hereby endorses the application to the Planning Advisory Commission submitting the U.S. EPA’s Brownfield Assessment Grant November update on the Comprehensive Plan, Program. upon motion received and filed. Section 2. That the City Manager is autho- rized to sign, on behalf of the City Council, the AIA Sustainable Design Team Grant Appli-application for the U.S. EPA’s Brownfield As- cation: City Manager transmitting the final grant sessment Grant program. Section 3. That the application submitted on November 29, 2006 to Mayor may write a letter of support on behalf of the American Institute of Architects for the the City Council for the application. Sustainable Design Assessment Team Program, Passed, approved, and adopted this 4th day upon motion received and filed. Communication of December, 2006. from the Historic Preservation Commission in Roy D. Buol, Mayor support of the AIA Sustainable Design Team Attest: Jeanne F. Schneider, City Clerk Grant Application, upon motion received and filed. Paint Ham House Trim Project: City Manag- er recommending acceptance of the Paint Ham Bureau of Indian Affairs Regulations: City House Trim Project as completed by John C. Manager transmitting information on the pro-Kaiser Company in the final contract amount of posed Bureau of Indian Affairs Rules regarding $35,830, upon motion received and filed. Cline Indian Casinos and recommending that the City moved adoption of Resolution No. 571-06 submit comments, upon motion received and Accepting improvement and Resolution No. 572- filed. 06 Approving final estimate. Seconded by Lynch. Motion carried 7-0. Brownfield Application: City Manager re- RESOLUTION NO. 571-06 commending approval of an application to be ACCEPTING IMPROVEMENT submitted to the U.S. Environmental Protection Agency for a Brownfield’s Assessment Grant to WHEREAS, the contract for the Paint Ham assess environmental contamination in and near House Trim Project has been completed and the the Bee Branch Restoration Area, upon motion City Manager has examined the work and filed received and filed. Cline moved adoption of his certificate stating that the same has been Resolution No. 570-06 Endorsing an application completed according to the terms of the con- for the U.S. Environmental Protection Agency’s tract, plans and specifications and recommends Brownfield Assessment Grant Program. its acceptance. Seconded by Lynch. Motion carried 7-0. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBU- RESOLUTION NO. 570-06 QUE, IOWA: ENDORSING AN APPLICATION FOR THE 1. That the recommendation of the City U.S. ENVIRONMENTAL PROTECTION Manager be approved and that said improve- AGENCY’S BROWNFIELD ASSESSMENT ment be and the same is hereby accepted. GRANT PROGRAM. BE IT FURTHER RESOLVED that the City Whereas, the City of Dubuque is interested Treasurer be and he is hereby directed to pay to in restoring the Bee Brach creek to prevent the contractor from the General Fund in amount serious flooding within the North End Area; and equal to the amount of his contract, less any Whereas, the City of Dubuque is interested retained percentage provided for therein. in alleviating any barriers to redevelopment of Passed, approved and adopted this 4th day property in the area due to the creek restoration; of December, 2006. and Roy D. Buol, Mayor Whereas, some properties in the area may Attest: Jeanne F. Schneider, City Clerk have environmental issues associated with them RESOLUTION NO. 572-06 which may prevent the redevelopment of the FINAL ESTIMATE property, and Whereas, the U.S. EPA has a program WHEREAS, the contract for the Paint Ham called the Brownfields Assessment Grant House Trim Project has been completed and the Program which will help assess potential envi-Engineer has submitted his final estimate ronmental contamination issues in the area and showing the cost thereof including the cost of the City of Dubuque is eligible to apply. estimates, notices and inspection and all miscel- laneous costs. Regular Session, December 4, 2006 443 NOW, THEREFORE, BE IT RESOLVED, BY Passed, approved and adopted this 4th day THE CITY COUNCIL OF THE CITY OF DUBU-of December, 2006. QUE, IOWA: Roy D. Buol, Mayor Section 1. That the cost of said improvement Attest: Jeanne F. Schneider, City Clerk is hereby determined to be $35,830, and the said amount shall be paid from the General Financial Advisory Services: City Manager Fund of the City of Dubuque, Iowa. recommending approval of a Request for Pro- Passed, approved and adopted this 4th day posals for the City’s financial advisory services, of December, 2006. upon motion received and filed and approved Roy D. Buol, Mayor recommendation. Attest: Jeanne F. Schneider, City Clerk City/County Winter Road Maintenance Pyatigorsk Park Parking Lot Project: City Agreement: City Manager recommending Manager recommending acceptance of the approval of a new Cooperative Winter Roadway Pyatigorsk Park Parking Lot Project as com-Maintenance Agreement between the City and pleted by River City Paving in the final contract County of Dubuque, upon motion received and amount of $46,247.44, upon motion received filed. Cline moved adoption of Resolution No. and filed. Cline moved adoption of Resolution 575-06 Approving the Winter Roadway Mainten- No. 573-06 Accepting improvement and Reso-ance Agreement between the City of Dubuque lution No. 574-06 Approving final estimate. and Dubuque County. Seconded by Lynch. Seconded by Lynch. Motion carried 7-0. Motion carried 7-0. RESOLUTION NO. 573-06 RESOLUTION NO. 575-06 ACCEPTING IMPROVEMENTAPPROVING WINTER ROADWAY MAINTEN- ANCE AGREEMENT BETWEEN THE CITY OF WHEREAS, the contract for the Pyatigorsk DUBUQUE AND DUBUQUE COUNTY Park Parking Lot Project has been completed and the City Manager has examined the work Whereas, jurisdiction over certain roadways and filed his certificate stating that the same has in Dubuque county is divided down the center- been completed according to the terms of the line between Dubuque County and the City of contract, plans and specifications and recom-Dubuque; and mends its acceptance. Whereas, the City of Dubuque, Iowa and NOW, THEREFORE, BE IT RESOLVED, BY Dubuque County, Iowa agree that winter road THE CITY COUNCIL OF THE CITY OF DUBU-maintenance divided down roadway centerlines QUE, IOWA: is not cost efficient or practical; and 1. That the recommendation of the City Whereas, the City of Dubuque is willing to Manager be approved and that said improve-perform winter maintenance operations on ment be and the same is hereby accepted. portions of roadways located in Dubuque BE IT FURTHER RESOLVED that the City county, specifically, Old Highway Road, Cousins Treasurer be and he is hereby directed to pay to Road, Peru Road, Seippel Road, and John F. the contractor from the General Fund in amount Kennedy Road; and equal to the amount of his contract, less any Whereas, Dubuque County is willing to per- retained percentage provided for therein. form winter maintenance operations on portions Passed, approved and adopted this 4th day of roadways located in the city of Dubuque, of December, 2006. specifically, English Mill Road, Cottingham Roy D. Buol, Mayor Road, North Cascade Road, Riverside Drive, Attest: Jeanne F. Schneider, City Clerk Lake Eleanor Road, Middle Road, and, Derby Grange Road; and RESOLUTION NO. 574-06 Whereas, it is necessary that the City of Du- FINAL ESTIMATE buque and Dubuque County enter into an WHEREAS, the contract for the Pyatigorsk agreement regarding the winter maintenance on Park Parking Lot Project has been completed these roadways. and the Engineer has submitted his final esti-NOW THEREFORE, BE IT RESOLVED BY mate showing the cost thereof including the cost THE CITY COUNCIL OF THE CITY OF DUBU- of estimates, notices and inspection and all QUE, IOWA: miscellaneous costs; Section 1. That the City Council of the City of NOW, THEREFORE, BE IT RESOLVED, BY Dubuque, Iowa hereby approves and directs the THE CITY COUNCIL OF THE CITY OF DUBU-Mayor to sign the attached Winter Roadway QUE, IOWA: Maintenance Agreement with Dubuque County Section 1. That the cost of said improvement for winter maintenance operations on said is hereby determined to be $46,247.44, and the roadways. said amount shall be paid from the General Passed, approved and adopted this 4th day Fund of the City of Dubuque, Iowa. of December, 2006. Roy D. Buol, Mayor 444 Regular Session, December 4, 2006 Attest: Jeanne F. Schneider, City Clerk acknowledgement of a charitable donation, to provide additional parking opportunities for Human Rights Commission 2006 Annual library customers and employees, upon motion Report: City Manager submitting the Human received and filed and approved recommenda- Rights Commission’s Annual Report for Fiscal tion. Year 2006, Braig moved to receive and file the communication and commended the Commis-FCC Notice of Inquiry: City Manager recom- sion and staff for their efforts. Seconded by mending approval for the City of Dubuque to join Michalski. Motion carried 7-0. a coalition of municipalities in responding to a Federal Communications Commission Notice of Administrative Service Concepts (ASC) Fee Inquiry on a number of issues affecting local Renewal: City Manager recommending approval communities, including the affect to local fran- of the renewal rates from Alternative Service chising on video competition, and to authorize Concepts (ASC) for administration of the City’s up to $5,000 from the Cable TV budget for that workers’ compensation program, upon motion purpose, upon motion received and filed and received and filed and approved recommenda-approved recommendation. tion. Vision Iowa Update / Request for Extension: City of Dubuque Voluntary Annexation: Communication to Andy Anderson, Chairman of Communication from Chester J. Culver, Secre-the Vision Iowa Board, providing an update on tary of State, advising that the voluntary annexa-various Vision Iowa projects and requesting an tion of property as requested by Dubuque Bank extension for completion of the Shot Tower and Trust has been reviewed and that it com-Restoration project, upon motion received and plies with the requirements of Iowa Code Sec-filed and approved. tion 368.7, upon motion received and filed. Grass Cutting Charges: City Manager re- Cedar Ridge Farm Place No. 7: Communica-commending approval of the levy of special tion from Julian G. Nemmers requesting accep-assessments for grass cutting charges to the tance of the public improvements in Cedar Dubuque County Treasurer in order to establish Ridge Farm Place No. 7 in the City of Dubuque, real property liens for collection of such charges, Iowa, upon motion received and filed and upon motion received and filed. Cline moved referred to the City Manager. adoption of Resolution No. 576-06 Adopting the Schedule of Assessments for the grass cutting Rosedale Avenue Reconstruction Project: charges specifying the number of annual in- City Manager recommending approval of the stallments into which assessments are divided, partial release of retainage of five percent of the the interest on all unpaid installments, the time construction costs to one percent for the Rose-when the assessments are payable and direct- dale Avenue Reconstruction Project, upon ing the Clerk to certify the Schedule of Assess- motion received and filed and approved recom-ments to the County Treasurer and to publish mendation. notice thereof. Seconded by Lynch. Motion carried 7-0. Request for Proposals - Local Voice Service, RESOLUTION NO. 576-06 Long Distance and Internet Service: City Man- ADOPTING THE SCHEDULE OF ASSESS- ager recommending approval of a Request for MENTS FOR GRASS CUTTING CHARGES Proposals (RFP) for Local Voice Service, Long SPECIFYING THE NUMBER OF ANNUAL Distance and Internet Services in partnership INSTALLMENTS INTO WHICH ASSESS- with Dubuque County, upon motion received MENTS ARE DIVIDED, THE INTEREST ON and filed and approved recommendation. ALL UNPAID INSTALLMENTS, THE TIME WHEN THE ASSESSMENTS ARE PAYABLE Request for Proposals – Digital Orthophoto- AND DIRECTING THE CLERK TO CERTIFY graphy and Data Collection: City Manager THE SCHEDULE OF ASSESSMENTS TO THE recommending approval of a Request for Pro- COUNTY TREASURER AND TO PUBLISH posals for Digital Orthophotography and Data NOTICE THEREOF Collection for the corporate limits of the City of Dubuque, as well as potential annexation areas, NOW, THEREFORE, BE IT RESOLVED BY upon motion received and filed and approved THE CITY COUNCIL OF THE CITY OF DUBU- recommendation. QUE, IOWA: That after full consideration of the Schedule Purchase of Parking Lot: City Manager re-of Assessments attached hereto for grass commending approval of the purchase of the cutting charges was filed in the office of the City parking lot located at 12th and Bluff Street from Clerk on the 30th day of November, 2006, the Greg Stover in the amount of $115,000, plus the Regular Session, December 4, 2006 445 said Schedule of Assessments be and the same Business Licenses: City Manager recom- is hereby approved and adopted. mending approval of annual liquor license That there be, and is hereby assessed and renewals as submitted, upon motion received levied as a special tax against and upon each of and filed. Cline moved adoption of Resolution the lots, the respective sums indicated. No. 577-06 Granting the issuance of a Class That the City Clerk be and is hereby directed “C” Beer Permit to Kwik Stop Food Mart – 4039 to certify said schedule to the County Treasurer Pennsylvania, Kwik Stop Food Mart – 2320 Hwy of Dubuque County, Iowa, and to publish notice 61, Oky Doky #21 and Big 10 Mart and Resolu- of said certification once each week for two tion No. 578-06 Granting the issuance of a consecutive weeks in the manner provided in Class “B” Liquor License to Holiday Inn Five Iowa Code § 362.3, the first publication of which Flags, Class “C” Liquor License to Pepper shall be not more than fifteen days from the date Sprout, Instant Replay, Cue Masters Billiards, of filing of the final schedule. On or before the Mario’s Italian Restaurant, The White House, date of the second publication of the notice, the Bowling and Beyond, Las Margaritas; Special City Clerk shall also mail a copy of said notice to Class “C” Liquor License to Cookin Something property owners whose property is subject to Up; Class “B” Wine to Cookin Something Up; assessment, as provided and directed in Iowa and Class “E” Liquor License for Sam’s Club. Code § 384.60. Seconded by Lynch. Motion carried 7-0. The assessments may be paid in full or in RESOLUTION NO. 577-06 part without interest at the office of the City Treasurer, City Hall, 50 W. 13th Street, Dubu-Whereas, applications for Beer Permits have que, Iowa, at any time within 30 days after the been submitted and filed to this Council for date of the first publication of the notice of the approval and the same have been examined filing of the Schedule of Assessments with the and approved: and County Treasurer. After 30 days, unpaid as-Whereas, the premises to be occupied by sessments of $100.00 or more are payable in 10 such applicants were inspected and found to annual installments at the County Treasurer’s comply with the Ordinances of the City and have Office, Dubuque County Courthouse, 720 filed proper bonds. Central Avenue, Dubuque, Iowa, and will draw NOW, THEREFORE, BE IT RESOLVED BY annual interest at nine (9) percent (commencing THE CITY COUNCIL OF THE CITY OF DUBU- on the date of acceptance of the work) com-QUE, IOWA: puted to December 1 next following the due That the Manager be authorized to cause to dates of the respective installments as provided be issued the following named applicants a Beer in Section 384.65 of the Code of Iowa. Each Permit. installment will be delinquent from October 1 CLASS “C” BEER PERMIT following its due date on July 1 of each year. Rainbo Oil Company, Kwik Stop Food Property owners may elect to pay any annual Mart+(Sunday Sale), 4039 Pennsylvania Av installments semiannually in advance. Rainbo Oil Company, Kwik Stop Food Passed, approved and adopted this 4th day Mart+(Sunday Sale), 2320 Hwy 61 of December, 2006. TFM Company, Oky Doky # 21+(Sunday Roy D. Buol, Mayor Sale), 2010 Kerper Blvd Attest: Jeanne F. Schneider, CMC, City Clerk Molo Oil Company, Big 10 Mart+(Sunday th Sale), 9 & Central Av Dubuque Screw Products, Inc.: City Manag-Passed, approved and adopted this 4th day er recommending approval of the Assignment of of December, 2006. Development Agreement of Dubuque Screw Roy D. Buol, Mayor Products, Inc. to Michael R. Scherr, President of Attest: Jeanne F. Schneider, CMC, City Clerk Dubuque Screw Products, Inc., upon motion RESOLUTION NO. 578-06 received and filed and approved recommenda- tion. Whereas, applications for Liquor Licenses have been submitted to this Council for approval Signed Contracts: Eagle Point Park Con-and the same have been examined and ap- crete Replacement Project – Change Order; proved; and Cost Estimate – Survey and Plat for Shot Tower; Whereas, the premises to be occupied by Floodwall Improvement Projects – Change such applicants were inspected and found to Order #3; and A.Y. McDonald Park Project, comply with the State Laws and all City Ordin- upon motion received and filed. ances relevant thereto and they have filed proper bonds. Business License Refund: Request of Cindy NOW, THEREFORE, BE IT RESOLVED BY McKenna for a refund of the liquor license for THE CITY COUNCIL OF THE CITY OF DUBU- The Penalty Box in the amount of $633.75, upon QUE, IOWA: motion received and filed and approved refund. 446 Regular Session, December 4, 2006 That the Manager be authorized to cause to ing that the Development Agreement submitted be issued the following named applicants a by Port Of Dubuque Adams Development, LLC Liquor License. satisfies the Offering Requirements with respect CLASS “B” LIQUOR LICENSE to the real property and improvements and Kinseth Hotel Corp, Holiday Inn Dubuque 5-declaring the intent of the City Council to ap- Flags+(Sunday Sale), 450 Main prove the Development Agreement with Port of CLASS “C” LIQUOR LICENSE Dubuque Adams Development, LLC in the event Pepper Sprout, Inc, Pepper Sprout+(Sunday that no competing proposals are submitted; and Sale), 378 Main (3) soliciting competing proposals, and set this Pamela Arensdorf, Instant Replay+(Sunday for public hearing on 1/16/07 at a meeting to Sale), 1602 Central commence at 6:30 P.M. in the public library Cue Masters Billiards, LLC, Cue Masters Bil-auditorium and direct the City Clerk to publish liards+(Sunday Sale), 900 Central notice in the manner prescribed by law. T & M Inc, Mario’s Italian Restaurant+(Sunday Seconded by Connors. Motion carried 7-0. Sale), 1298 Main RESOLUTION NO. 579-06 David H. Hoffman, The White House, 450 W. (1) APPROVING THE MINIMUM REQUIRE- Locust MENTS, COMPETITIVE CRITERIA, AND Bowling & Beyond Dubuque Inc, Bowling & OFFERING PROCEDURES FOR THE DEVEL- Beyond+(Sunday/Outdoor Sale), 1860 Haw- OPMENT OF CERTAIN REAL PROPERTY thorne AND IMPROVEMENTS IN THE GREATER Mayas, Inc, Las Margaritas+(Sunday/Outdoor DOWNTOWN URBAN RENEWAL DISTRICT; Sale), 1575 JFK (2) DETERMINING THAT THE DEVELOP- SPECIAL CLASS “C” LIQUOR MENT AGREEMENT SUBMITTED BY PORT Cookin Something UP, Cookin Something OF DUBUQUE ADAMS DEVELOPMENT, LLC Up+(Sunday Sale), 1640 JFK SATISFIES THE OFFERING REQUIREMENTS CLASS “B” WINE WITH RESPECT TO THE REAL PROPERTY Cookin Something UP, Cookin Something Up, AND IMPROVEMENTS AND DECLARING THE 1640 JFK INTENT OF THE CITY COUNCIL TO AP- CLASS “E” LIQUOR PROVE THE DEVELOPMENT AGREEMENT Sam’s West, Inc, Sam’s Club #4973, 4400 WITH PORT OF DUBUQUE ADAMS DEVEL- Asbury Rd th OPMENT, LLC IN THE EVENT THAT NO Passed, approved and adopted this 4 day COMPETING PROPOSALS ARE SUBMITTED; of, December 2006. AND (3) SOLICITING COMPETING PROPOS- Roy D. Buol, Mayor ALS . Attest: Jeanne F. Schneider, CMC, City Clerk Whereas, the City Council of Dubuque, Iowa, did on April 19, 2004 adopt an Amended and ITEMS TO BE SET FOR PUBLIC HEARING Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District (“the Plan”) Code of Ordinance Update: City Manager for the Urban Renewal Area described therein; recommending that a public hearing be set for and December 18, 2006 to consider approval of the Whereas, the Plan provides, among other revised Code of Ordinances, upon motion things, for the disposition of properties for received and filed and set public hearing for private development purposes as a proposed December 18, 2006, at a meeting to commence economic development action; and at 6:30 P.M. in the public library auditorium and Whereas, Port of Dubuque Adams Devel- direct the City Clerk to publish notice in the opment, LLC (“Developer”) has submitted to the manner prescribed by law. City a Development Agreement with a proposal for the purchase of certain real property and Development Agreement for the Port of Du- improvements hereinafter described and owned buque Adams Development Project: City Man- by the City of Dubuque for the renovation of the ager recommending that a public hearing be set former Adams Company Building and construc- for January 16, 2007 to consider approval of a tion of new multi-use building as described Development Agreement with Port of Dubuque therein (“the Development Agreement”), togeth- Adams Development LLC for a development in er with the request that this property be made the Port of Dubuque, including the Adams available for purchase as rapidly as possible; Company building site, upon motion received and and filed. Cline moved adoption of Resolution Whereas, the real estate is located No. 579-06 (1) Approving the Minimum Re- in Lot 1 and Lot 2 in Adams Company quirements, Competitive Criteria, and Offering nd 2 Addition, in the City of Dubuque, Procedures for the development of certain real Iowa, according to the recorded Plat property and improvements in the Greater thereof, subject to easements and Downtown Urban Renewal District; (2) determin- restrictions of record as shown on Regular Session, December 4, 2006 447 Exhibit B attached to the Development Section 1. That the real property located in nd Agreement [provided]; and Lot 1 and Lot 2 in Adams Company 2 Addition, Whereas, in order to establish reasonably in the City of Dubuque, Iowa, according to the competitive bidding procedures for the disposi-recorded Plat thereof, subject to easements and tion of the property in accordance with the restrictions of record described in Exhibit “B” statutory requirements of Iowa Code Chapter attached to the Development Agreement and 403, specifically, Section 403.8, and to assure attached hereto located in the Port of Dubuque that the City extends a full and fair opportunity to and delineated generally by Third Street on the th all developers interested in submitting a propos-south, 4 Street on the west, Bell Street on the th al, a summary of submission requirements and east and 5 Street on the north (“the Property”) minimum requirements and competitive criteria shall be offered for sale in accordance with the for the property offering is included herein; and terms and conditions contained in this Resolu- Whereas, said Developer has tendered the tion. Development Agreement with the City, attached Section 2. That it is hereby determined that hereto as Exhibit “A”; and in order to qualify for consideration for selection, Whereas, to recognize both the firm proposal any person must submit a proposal which meets for renovation of the real property and construc-these minimum requirements: tion of additional buildings, as described above, a) Contains an agreement to purchase and to give full and fair opportunity to other the Property at not less than fair mar- developers interested in submitting a proposal ket value established herein; for the use of the property, this Council should b) Contains a commitment to purchase by this Resolution: the Property for uses allowed in the 1) Set the fair market value of the real Port of Dubuque; property for uses in accordance with c) Sets out or provides to the satisfac- the Plan; tion of the City Council the expe- 2) Approve the minimum requirements rience of the principals and key staff and competitive criteria included who are directly engaged in perfor- herein; mance of contract obligations in car- 3) Approve as to form the Development rying out projects of similar scale and Agreement attached hereto as Exhibit character; and “A”; d) Meets, at a minimum, the terms and 4) Set a date for receipt of competing conditions of the Development proposals and the opening thereof; Agreement submitted by the Devel- 5) Declare that the proposal submitted oper including an agreement to reha- by Developer satisfies the minimum bilitate the Property into a mixed-use requirements of the offering, and that retail/office/residential complex at a in the event no other qualified pro-total project cost of not less than posal is timely submitted, that the City $60,000,000 and develop, construct Council intends to approve such pro-and pay for a parking lot adjacent to posal and authorize the City Manager the former Adams Company building. to sign the Development Agreement; Section 3. That the Development Agreement and direct publication of notice of said by and between the City and the Developer be intent; and is hereby approved as to form for the 6) Approve and direct publication of a purposes hereinafter stated. notice to advise any other person of Section 4. That for the purpose of defining the opportunity to compete for pur-the offering of the Property for sale, said Devel- chase of the real property and im-opment Agreement shall be deemed to be provements on the terms and condi-illustrative of the terms acceptable to the City tions set forth herein; and with respect to: 7) Declare that in the event another a) Purchase price; qualified proposal is timely submitted b) Construction of minimum improve- and accepted, another and future no-ments within a timely matter; tice will be published on the intent of c) City participation; the City to enter into the resulting d) Developer obligations; and contract, as required by law; and e) General terms and conditions Whereas, the City Council believes it is in Section 5. That the Development Agreement the best interest of the City and the Plan to act submitted by the Developer satisfies the re- as expeditiously as possible to sell the real quirements of the offering and, in the event that property as set forth herein. no other qualified proposals are timely submitted NOW, THEREFORE, BE IT RESOLVED BY that the City Council intends to accept and THE CITY COUNCIL OF THE CITY OF DUBU-approve the Development Agreement and sale QUE, IOWA: of the Property. 448 Regular Session, December 4, 2006 Section 6. That it is hereby determined that stantial conformity with the provisions of this the Developer possesses the qualifications, Resolution. financial resources and legal ability necessary to Section 15. That the City Clerk is hereby purchase the Property and to manage and nominated and appointed as the agent of the operate the Property in the manner proposed by City of Dubuque, Iowa to receive proposals for this offering in accordance with the Plan. the sale of the Property at the date and accord- Section 7. That the purchase price for the ing to the procedure hereinabove specified for Property offered by the Developer are hereby receipt of such proposals and to proceed at such found and determined to be the fair market value time to formally acknowledge receipt of each of of the interest being conveyed. such proposals by noting the receipt of same in Section 8. That the City Clerk shall receive the Minutes of the Council; that the City Manag- and retain for public examination the attached er is hereby authorized and directed to make Development Agreement submitted by the preliminary analysis of each such proposal for Developer and, in the event no other qualified compliance with the minimum requirements proposals are timely submitted, shall resubmit established by this Council hereinabove. For the Development Agreement to the City Coun-each proposal that satisfies these requirements, cil for final approval and execution upon expira-the City Council shall judge the strength of the tion of the notice hereinafter prescribed. proposal by the competitive criteria established Section 9. That the action of the City Council hereinabove. The City Council shall then make be considered to be and does hereby constitute the final evaluation and selection of the propos- notice to all concerned of the intention of this als. Council, in the event that no other qualified Section 16. That in the event another quali- proposals are timely submitted, to accept the fied proposal is timely submitted and accepted proposal of the Developer to purchase the by the City, another and further notice shall be Property and to approve the Development published of the intent of the City of Dubuque, Agreement by and between City and Developer. Iowa, to enter into the resulting agreement, as Section 10. That the official notice of this of-required by law. th fering and of the intent of the City, in the event Passed, approved and adopted this 4 day no other qualified proposals are timely submit-of December, 2006. ted, to approve the Development Agreement, Roy D. Buol, Mayor shall be a true copy of this Resolution, but Attest: Jeanne F. Schneider, City Clerk without the attachments referred to herein, except Exhibit B. Chaplain Schmitt Memorial Project: City Section 11. That the City Clerk is authorized Manager recommending initiation of the public and directed to secure immediate publication of bidding process for the Chaplain Schmitt Me- said official notice in the Telegraph Herald, a morial project and further recommending that a newspaper having a general circulation in the public hearing be set for January 16, 2007, upon community, by publication of the text of this motion received and filed. Cline moved adoption Resolution without attachments on or before the of Resolution No. 580-06 Preliminary approval of 8th day of December, 2006. plans and specifications; Resolution No. 581-06 Section 12. That written proposals for the Setting date of hearing on plans and specifica- lease of the Brewery Property will be received tions for January 16, 2007, at a meeting to by the City Clerk at or before 10:00 a.m., Janu-commence at 6:30 p.m. in the public library ary 9, 2007 in the Office of the City Clerk, auditorium, direct the City Clerk to publish notice located on the first floor at City Hall, Dubuque, in the manner prescribed by law; and Resolution Iowa 52001. Each proposal will be opened at the No. 582-06 Ordering bids. Seconded by Con- hour of 10:00 a.m. in City Hall, Dubuque, Iowa nors. Motion carried 7-0. on January 9, 2007. Said proposals will then be RESOLUTION NO. 580-06 presented to the City Council at 6:30 p.m., PRELIMINARY APPROVAL OF PLANS AND January 16, 2007, at a meeting to be held in the SPECIFICATIONS Auditorium of the Carnegie-Stout Public Library, Dubuque, Iowa. BE IT RESOLVED BY THE CITY COUNCIL Section 13. That such offering shall be in OF THE CITY OF DUBUQUE, IOWA: substantial conformance with the provisions of That the proposed plans, specifications, form Iowa Code Section 403.8, requiring reasonable of contract and estimated cost for the Chaplain competitive bidding procedures as are hereby Schmitt Memorial Project, in the estimated prescribed, which method is hereby determined amount of $41,930, are hereby approved and to be the appropriate method for making the ordered filed in the office of the City Clerk, for Property available for sale. public inspection. Section 14. That the required documents for Passed, approved and adopted this 4th day the submission of a proposal shall be in sub-of December, 2006. Regular Session, December 4, 2006 449 Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Attest: Jeanne F. Schneider, City Clerk BOARDS/COMMISSIONS RESOLUTION NO. 581-06 FIXING DATE OF HEARING ON PLANS AND Applicants were invited to address the SPECIFICATIONS Council regarding their desire to serve on the WHEREAS, the City Council of the City of following Commission: Human Rights Commis- Dubuque, Iowa has given its preliminary ap-sion (Three 3-year terms through January 1, proval on the proposed plans, specifications, 2010 – Terms of Giesen, Jackson and Jarrard). and form of contract and placed same on file in Applicants: Mary Coan, Shane Oswald, Gretel the office of the City Clerk for public inspection Winterwood. Mr. Oswald spoke requesting of the Chaplain Schmitt Memorial Project. consideration for appointment. NOW, THEREFORE, BE IT RESOLVED, BY Appointment to the following Commission: THE CITY COUNCIL OF THE CITY OF DUBU-Investment Oversight Advisory Commission QUE, IOWA, that on the 16th day of January, (One unexpired term through 7/1/08). Applicant: 2007, a public hearing will be held at 6:30 p.m. Virgil Blocker. Upon motion Mr. Blocker was in the Public Library Auditorium, at which time appointed to the unexpired term which will interested persons may appear and be heard for expire 7/1/08. or against the proposed plans and specifica- PUBLIC HEARINGS tions, form of contract and cost of said improve- ment, and the City Clerk be and is hereby directed to cause a notice of time and place of Upon motion the rules were suspended to such hearing to be published in a newspaper allow anyone present to address the Council. having general circulation in the City of Dubu- que, Iowa, which notice shall be not less than Sewer Revenue Capital Loan Notes - four days nor more than twenty days prior to the $253,850: Proof of publication on notice of day fixed for its consideration. At the hearing, hearing to consider the proposition of issuing not any interested person may appear and file to exceed $253,850 in Sewer Revenue Capital objections to the proposed plans, specifications, Loan Notes for rehabilitation of sanitary sewers contract, or estimated cost of the improvement. in connection with the North Fork Catfish Creek Passed, approved and adopted this 4th day Project and the Water Pollution Control Plant of December, 2006. Study and City Manager recommending approv- Roy D. Buol, Mayor al, upon motion received and filed. Connors Attest: Jeanne F. Schneider, City Clerk moved adoption of Resolution No. 583-06 Instituting proceedings to take additional action RESOLUTION NO. 582-06 for the authorization of a Loan and Disburse- ORDERING BIDS ment Agreement and the issuance of not to BE IT RESOLVED BY THE COUNCIL OF exceed $253,850 Sewer Revenue Capital Loan THE CITY OF DUBUQUE, IOWA: Notes and Resolution No. 584-06 Approving and That the Chaplain Schmitt Memorial Project authorizing a form of Interim Loan and Dis- is hereby ordered to be advertised for bids for bursement Agreement by and between the City construction. of Dubuque and the Iowa Finance Authority, and BE IT FURTHER RESOLVED that the authorizing and providing for the issuance and amount of the security to accompany each bid securing the payment of $253,850 Sewer shall be in an amount which shall conform to the Revenue Capital Loan Notes Anticipation provisions of the notice to bidders hereby Project Note, Series 2006, of the City of Dubu- approved as a part of the plans and specifica-que, Iowa under the provisions of the Code of tions heretofore adopted. Iowa, and providing for a method of payment of That the City Clerk is hereby directed to ad-said Note. Seconded by Jones. Motion carried vertise for bids for the construction of the im-7-0. provements herein provided, to be published in RESOLUTION NO. 583-06 a newspaper having general circulation in the INSTITUTING PROCEEDINGS TO TAKE City of Dubuque, Iowa, which notice shall not be ADDITIONAL ACTION FOR THE AUTHORI- less than four days nor more than forty-five days ZATION OF A LOAN AND DISBURSEMENT prior to the receipt of said bids at 2:00 p.m. on AGREEMENT AND THE ISSUANCE OF the 4th day of January, 2007. Bids shall be $253,850 SEWER REVENUE CAPITAL LOAN opened and read by the City Clerk at said time NOTES and will be submitted to the Council for final action at 6:30 p.m. on the 16th day of January, WHEREAS, pursuant to notice published as 2007. required by law, this Council has held a public Passed, approved and adopted this 4th day meeting and hearing upon the proposal to of December, 2006. institute proceedings for the authorization of a Roy D. Buol, Mayor Loan and Disbursement Agreement by and 450 Regular Session, December 4, 2006 RESOLUTION No. 584-06 between the City, the Iowa Finance Authority, APPROVING AND AUTHORIZING A FORM OF the Iowa Department of Natural Resources and INTERIM LOAN AND DISBURSEMENT Wells Fargo Bank, N.A. and the issuance to the AGREEMENT BY AND BETWEEN THE CITY Iowa Finance Authority of $253,850 Sewer OF DUBUQUE, AND THE IOWA FINANCE Revenue Capital Loan Notes to evidence the AUTHORITY, AND AUTHORIZING AND PRO- obligations of the City under said Loan and VIDING FOR THE ISSUANCE AND SECURING Disbursement Agreement, for the purpose of THE PAYMENT OF $253,850 SEWER REVE- paying costs of acquisition, construction, recon- NUE CAPITAL LOAN NOTES ANTICIPATION struction, extending, remodeling, improving, PROJECT NOTE, SERIES 2006, OF THE CITY repairing and equipping all or part of the Munici- OF DUBUQUE, IOWA, UNDER THE PROVI- pal Sewer System, including those costs asso- SIONS OF THE CODE OF IOWA, AND PRO- ciated with the undertaking of a Plan of Action VIDING FOR A METHOD OF PAYMENT OF Study for the Water Pollution Control Plant, and SAID NOTE the rehabilitation of sanitary sewers in connec- tion with the North Fork Catfish Creek Project, WHEREAS, Issuer proposes to issue its and has considered the extent of objections Sewer Revenue Capital Loan Notes Anticipation received from residents or property owners as to Project Note, Series 2006, to the extent of said proposal and, accordingly the following $253,850, for the purpose of defraying the costs action is now considered to be in the best of the Project; and, it is deemed necessary and interests of the City and residents thereof: advisable and in the best interests of the City NOW, THEREFORE, BE IT RESOLVED BY that a form of Interim Loan and Disbursement THE CITY COUNCIL OF THE CITY OF DUBU-Agreement by and between the City, and the QUE, IOWA: Iowa Finance Authority, be approved and Section 1. That this Council does hereby in-authorized; and stitute proceedings and takes additional action WHEREAS, the notice of intention of Issuer for the authorization of a Loan and Disburse-to take action for the issuance of $253,850 ment Agreement by and between the City, the Sewer Revenue Capital Loan Notes, Series Iowa Finance Authority, the Iowa Department of 2006, has heretofore been duly published and Natural Resources and Wells Fargo Bank, N.A. no objections to such proposed action have and the issuance to the Iowa Finance Authority been filed. in the manner required by law of $253,850 NOW, THEREFORE, BE IT RESOLVED BY Sewer Revenue Capital Loan Notes for the THE CITY COUNCIL OF THE CITY OF DUBU- foregoing purpose. QUE, IN THE COUNTY OF DUBUQUE, STATE Section 2. That the City Clerk, with the assis-OF IOWA: tance of the City Attorney and bond counsel, is Section 1. Definitions. The following terms hereby authorized and directed to proceed with shall have the following meanings in this Resolu- the preparation of such documents and proceed-tion unless the text expressly or by necessary ings as shall be necessary to authorize the City's implication requires otherwise: ? participation in the SRF Loan Program, to select "Additional Project Notes" shall a suitable date for final Council authorization of mean any project notes or other obliga- the required Loan and Disbursement Agreement tions issued on a parity with the Note in and issuance of the Note to evidence the City's accordance with the provisions of Sec- obligations there under, and to take such other tion 11 hereof. actions as the Clerk shall deem necessary to ? "Agreement" shall mean an Inte- permit the completion of a loan on a basis rim Loan and Disbursement Agreement favorable to the City and acceptable to this dated as of the Closing between and Council. among the City, and the Original Pur- Section 3. That this Resolution be and does chaser, relating to the Interim Loan hereby serve as a declaration of official intent made to the City under the Program; under Treasury Regulation 1.150-2, because the ? "City Clerk" shall mean the City City reasonably expects to reimburse with the Clerk or such other officer of the suc- proceeds of the Notes, all or a portion of original cessor Governing Body as shall be expenditures incurred in connection with the charged with substantially the same du- above purposes. ties and responsibilities; th Passed and approved this 4 day of Decem- ? "Closing" shall mean the date of ber, 2006. delivery of the Note to the Original Pur- Roy D. Buol, Mayor chaser and the funding of the Interim Attest: Jeanne F. Schneider, CMC, City Clerk Loan; ? "Corporate Seal" shall mean the official seal of Issuer adopted by the Governing Body; Regular Session, December 4, 2006 451 ? - Export - Import Bank "Department" shall mean the Iowa - Farm Credit System Finan- Department of Natural Resources; cial Assistance Corporation ? "Fiscal Year" shall mean the - USDA - Rural Development twelve months' period beginning on Ju- - General Services Adminis- ly 1 of each year and ending on the last tration day of June of the following year, or - U.S. Maritime Administration any other consecutive twelve-month - Small Business Administra- period adopted by the Governing Body tion or by law as the official accounting pe- - Government National Mort- riod of the System; provided, that the gage Association (GNMA) requirements of a fiscal year as ex- - U.S. Department of Housing pressed in this Resolution shall exclude & Urban Development (PHA's) any payment of principal or interest fall- - Federal Housing Administra- ing due on the first day of the fiscal tion year and include any payment of prin- ? repurchase agree- cipal or interest falling due on the first ments whose underlying collateral day of the succeeding fiscal year; consists of the investments set out ? "Governing Body" shall mean the above if the Issuer takes delivery of Council of the City, or its successor in the collateral either directly or function with respect to the operation through an authorized custodian. and control of the System; Repurchase agreements do not in- ? "Interim Loan" shall mean the clude reverse repurchase agree- principal amount allocated by the De- ments; partment and loaned to the City under ? senior debt obliga- the Program, equal in amount to the tions rated "AAA" by Standard & principal amount of the Note; Poor's Corporation (S&P) or "Aaa" by ? "Issuer" and "City" shall mean the Moody's Investors Service Inc. City of Dubuque, Iowa; (Moody's) issued by the Federal Na- ? "Note" shall mean $253,850 Sew- tional Mortgage Association or the er Revenue Capital Loan Notes Antici- Federal Home Loan Mortgage Cor- pation Project Note, Series 2006, au- poration; thorized to be issued by this Resolu- ? U.S. dollar denomi- tion; nated deposit accounts, federal ? "Original Purchaser" shall mean funds and banker's acceptances with the Iowa Finance Authority, as the pur- domestic commercial banks which chaser of the Note from Issuer at the have a rating on their short-term cer- time of its original issuance; tificates of deposit on the date of ? "Paying Agent" shall be the City purchase of "A-1" or "A-1+" by S&P Treasurer, or such successor as may or "P-1" by Moody's and maturing no be approved by Issuer as provided more than 360 days after the date of herein and who shall carry out the du- purchase (ratings on holding compa- ties prescribed herein as Issuer's agent nies are not considered as the rating to provide for the payment of principal of the bank); of and interest on the Notes as the ? commercial paper same shall become due; which is rated at the time of purchase ? "Permitted Investments" shall in the single highest classification, mean: "A-1+" by S&P or "P-1" by Moody's ? direct obligations of and which matures not more than (including obligations issued or held 270 days after the date of purchase; in book entry form on the books of) ? investments in a the Department of the Treasury of money market fund rated "AAAm" or the United States of America; "AAAm-G" or better by S&P; ? cash (insured at all ? pre-refunded Munici- times by the Federal Deposit Insur- pal Obligations, defined as any ance Corporation or otherwise colla- bonds or other obligations of any teralized with obligations described in state of the United States of America the above paragraph); or of any agency, instrumentality or ? obligations of any of local governmental unit of any such the following federal agencies which state which are not callable at the op- obligations represent full faith and tion of the obligor prior to maturity or credit of the United States of Ameri- as to which irrevocable instructions ca, including: 452 Regular Session, December 4, 2006 have been given by the obligor to call tion of sanitary sewers in connection with on the date specified in the notice; the North Fork Catfish Creek Project; ? and (a) which are rated, based on an "Project Costs" shall mean all engi- irrevocable escrow account or fund neering fees, archeological surveys, envi- (the "escrow"), in the highest rating ronmental studies, and fees related to a category of S&P or Moody's or any project plan preparation and submission, successors thereto; or (b)(i) which and other expenses incidental thereto, and are fully secured as to principal and also including the costs of issuance of the interest and redemption premium, if Note. any, by an escrow consisting only of ? "Project Fund" shall mean the Project cash or direct obligations of the De- Fund established by Section 6 of this Res- partment of the Treasury of the Unit- olution. ed States of America, which escrow ? "Registrar" shall be the City Treasur- may be applied only to the payment er, or such successor as may be approved of such principal of and interest and by Issuer as provided herein and who shall redemption premium, if any, on such carry out the duties prescribed herein with bonds or other obligations on the ma- respect to maintaining a register of the turity date or dates thereof or the owners of the Note. Unless otherwise spe- specified redemption date or dates cified, the Registrar shall also act as pursuant to such irrevocable instruc- Transfer Agent for the Note; tions, as appropriate; and (ii) which ? "System" shall mean the municipal escrow is sufficient, as verified by a sewer utility of the Issuer and all properties nationally recognized independent of every nature hereinafter owned by the certified public accountant, to pay Issuer comprising part of or used as a part principal of and interest and redemp- of the System, including all wastewater tion premium, if any, on the bonds or treatment facilities, sanitary sewers, force other obligations described in this pa- mains, pumping stations and all related ragraph on the maturity date or dates property and improvements and exten- specified in the irrevocable instruc- sions made by Issuer while the Note re- tions referred to above, as appropri- mains outstanding; all real and personal ate; property; and all appurtenances, contracts, ? tax exempt bonds as leases, franchises and other intangibles; defined and permitted by section 148 ? "Treasurer" shall mean the City Trea- of the Internal Revenue Code and surer or such other officer as shall suc- applicable regulations and only if ceed to the same duties and responsibili- rated within the two highest classifi- ties with respect to the recording and cations as established by at least payment of the Note issued hereunder. one of the standard rating services Section 2. Authority. The Agreement and the approved by the superintendent of Note authorized by this Resolution shall be banking by rule adopted pursuant to issued pursuant to Sections 76.13 and 384.24A chapter 17A Code of Iowa; of the Code of Iowa, and in compliance with all ? an investment con- applicable provisions of the Constitution and tract rated within the two highest laws of the State of Iowa. The Agreement shall classifications as established by at be substantially in the form attached to this least one of the standard rating ser- Resolution and is authorized to be executed and vices approved by the superinten- issued on behalf of the Issuer by the Mayor and dent of banking by rule adopted pur- attested by the City Clerk. suant to chapter 17A Code of Iowa; Section 3. Note Details, Execution, Redemp- and tion and Registration. ? Iowa Public Agency a. Note Details. The Note shall be Investment Trust. designated a Sewer Revenue Capital Loan ? "Program" shall mean the Iowa Se- Notes Anticipation Project Note, be dated wage Treatment Works Financing Pro- the date of delivery, in the denomination of gram undertaken jointly by the Original $1,000 or multiples thereof, and shall at the Purchaser and the Department; request of the Original Purchaser be initial- ? "Project" shall mean the costs of ac- ly issued as a single Note in the denomina- quisition, construction, reconstruction, ex-tion of $253,850 and numbered R-1. The tending, remodeling, improving, repairing Note shall not bear interest (0%), and shall and equipping of the System, including mature three years from issuance. The City those costs associated with the undertak-Council hereby finds and determines that it ing of a Plan of Action Study for the Water is necessary and advisable to issue said Pollution Control Plant, and the rehabilita-Note pursuant to Section 76.13 of the Regular Session, December 4, 2006 453 Code of Iowa, as authorized by the (or, if registration is to be made in the Agreement and this Resolution. name of multiple individuals, of all such b. Execution. The Note shall be ex-transferees). In the event that the address ecuted by the manual or facsimile signa-of the registered owner of a Note (other ture of the Mayor and attested by the ma-than a registered owner which is the nomi- nual or facsimile signature of the Clerk, nee of the broker or dealer in question) is and impressed or imprinted with the seal of that of a broker or dealer, there must be the City and shall be fully registered as to disclosed on the Registration Books the in- both principal and interest as provided in formation pertaining to the registered own- this Resolution; principal, interest and pre-er required above. Upon the transfer of any mium, if any, shall be payable at the office such Note, a new fully registered Note, of of the Paying Agent by mailing of a check, any denomination or denominations per- wire transfer or automated clearing house mitted by this Resolution in aggregate prin- system transfer to the registered owner of cipal amount equal to the unmatured and the Note. unredeemed principal amount of such c. Redemption. The Note may be called transferred fully registered Note, and bear- for redemption by the Issuer and paid be-ing interest at the same rate and maturing fore maturity on any date, from any funds on the same date or dates shall be deli- regardless of source, in whole or from time vered by the Registrar. to time in part, in order of maturity and In all cases of the transfer of the Note, within an annual maturity by lot. the Registrar shall register, at the earliest Thirty (30) days notice of redemption practicable time, on the Registration shall be given by certified or registered Books, the Note, in accordance with the mail to the Original Purchaser (or any other provisions of this Resolution. registered owner of the Note). The terms of As to any Note, the person in whose redemption shall be par, plus accrued in-name the ownership of the same shall be terest to date of call. Failure to give such registered on the Registration Books of the notice by mail to any registered owner or Registrar shall be deemed and regarded any defect therein shall not affect the va-as the absolute owner thereof for all pur- lidity of any proceedings for the redemption poses, and payment of or on account of of the Note. The Note is also subject to the principal of any such Note and the mandatory redemption to the extent not ful-premium, if any, and interest thereon shall ly drawn upon. be made only to or upon the order of the d. Registration. The Note may be reg-registered owner thereof or his legal repre- istered as to principal and interest on the sentative. All such payments shall be valid books of the Note Registrar in the name of and effectual to satisfy and discharge the the holder and such registration noted on liability upon such Note, including the in- the Note after which no transfer shall be terest thereon, to the extent of the sum or valid until the making of an entry upon the sums so paid. books kept for the registration and transfer A Note which has been redeemed shall of ownership of the Note, and in no other not be reissued but shall be cancelled by way. The City Treasurer is hereby ap-the Registrar. A Note which is cancelled by pointed as Note Registrar under the terms the Registrar shall be destroyed and a Cer- of this Resolution. Registrar shall maintain tificate of the destruction thereof shall be the books of the Issuer for the registration furnished promptly to the Issuer; provided of ownership of the Note for the payment of that if the Issuer shall so direct, the Regi- principal of and interest on the Note as strar shall forward the cancelled Note to provided in this Resolution. The Note shall the Issuer. be negotiable as provided in Article 8 of the In the event any payment check Uniform Commercial Code subject to the representing payment of principal of or in- provisions for registration and transfer con-terest on the Note is returned to the Paying tained in the Note and in this Resolution. Agent or if any note is not presented for The ownership of any Note may be payment of principal at the maturity or re- transferred only upon the Registration demption date, if funds sufficient to pay Books kept for the registration and transfer such principal of or interest on Note shall of the Note and only upon surrender the-have been made available to the Paying reof at the office of the Registrar together Agent for the benefit of the owner thereof, with an assignment duly executed by the all liability of the Issuer to the owner the- holder or his duly authorized attorney in reof for such interest or payment of such fact in such form as shall be satisfactory to Note shall forthwith cease, terminate and the Registrar, along with the address and be completely discharged, and thereupon it social security number or federal employer shall be the duty of the Paying Agent to identification number of such transferee hold such funds, without liability for interest 454 Regular Session, December 4, 2006 thereon, for the benefit of the owner of will make cash available for the purposes of such Note who shall thereafter be re-such Project Fund as needed. stricted exclusively to such funds for any Section 9. Covenants with Noteholders. Is- claim of whatever nature on his part under suer covenants and agrees, so long as any this Resolution or on, or with respect to, Notes herein authorized remain unpaid, that it: such interest or Note. The Paying Agent's A. Will proceed to complete with obligation to hold such funds shall continue all practicable dispatch the construction for a period equal to two years and six and acquisition of the Project; months following the date on which such B. Will not make or cause or per- interest or principal became due, whether mit to be made any application of the at maturity, or at the date fixed for redemp-proceeds of the Note or of any moneys tion thereof, or otherwise, at which time the held in the Project Fund, except in accor- Paying Agent, shall surrender any remain-dance with the provisions of this Resolu- ing funds so held to the Issuer, whereupon tion; any claim under this Resolution by the C. Will from time to time increase Owners of such interest or Notes of what-the amount of the appropriations to the ever nature shall be made upon the Issuer. Project Fund, to the extent necessary to Section 4. Form of Note. The form of Note assure that the expected receipts thereaf- shall be substantially as [provided]. ter forthcoming, together with the Funds Section 5. Security for Note. The Note shall appropriated and held in trust for the pur- be payable solely from the Project Fund. To pay pose will be sufficient to pay when due the the principal on the Note when it becomes due, Note as to both principal and interest. there is hereby created a pledge of the receipts D. Will obtain the collection of anticipated in said Project Fund to continue until funds and the proceeds of the sale of sew- the payment in full of the principal on the Note. er revenue capital loan notes anticipated to Section 6. Establishment of Project Fund. be received in the Project Fund and, if not The Issuer hereby creates and establishes a paid from other sources, apply the same to Project Fund, into which Project Fund are the payment of the Note and interest hereby appropriated the following: Proceeds of thereon; and $253,850 Sewer Revenue Capital Loan Notes, E. For the prompt and full perfor- additional action for the issuance of which mance of the terms and provisions of this previously has been taken and approved by the Resolution and contract with the notehold- City Council ers, the Issuer pledges its full faith and dili- The funds so appropriated shall include in gence and the exercise of its lawful pow- addition thereto all funds of the Issuer, including ers. proceeds realized on the reinvestment of Section 10. Contract Between Issuer and proceeds of the Note, from which the Issuer is or Purchaser. This Resolution constitutes a con- may become obligated to pay under contracts tract between the Issuer and the purchaser of for the construction of the Project to the extent the Note. that proceeds of the Note are applied to the Section 11. Additional Notes. The Issuer payment thereof. may issue Additional Project Notes of equal Section 7. Application of Project Fund. The standing and parity of lien with the Note for the proceeds of the sale of the Note shall be depo-purpose of paying Project Costs to the extent sited in the Project Fund for application to that funds appropriated to the Project Fund are payment of Project Costs and the costs of adequate to pay all notes so issued and interest issuance of the Note or to pay the principal of on thereon. the Note when due and for no other purpose. The holder or holders of the Notes shall have Disbursements for the payment of Project all other rights and remedies given by law for the Costs shall be made by the City Clerk upon payment and enforcement of the Notes and the receipt of vouchers approved by the Governing security therefore. Body. Section 12. Severability Clause. If any sec- After completion of the Project, any moneys tion, paragraph, clause or provision of this remaining in the Project Fund shall be held for Resolution be held invalid, such invalidity shall the retirement of Note. When the Note is paid or not affect any of the remaining provisions payment is provided for, remaining moneys in hereof, and this Resolution shall become effec- the Project Fund may be withdrawn and used for tive immediately upon its passage and approval. any lawful purpose. Section 13. Repeal of Conflicting Resolu- Section 8. Investments. Moneys in the tions or Ordinances. All ordinances and resolu- Project Fund shall at all times be invested, to the tions and parts of ordinances and resolutions in extent practicable in Permitted Investments conflict herewith are hereby repealed. maturing at such times and in such amounts as Section 14. Paragraph Headings. The para- graph headings in this Resolution are furnished Regular Session, December 4, 2006 455 for convenience of reference only and shall not the Iowa Department of Natural Resources and be considered to be a part of this Resolution. Wells Fargo Bank, N.A. and the issuance to the Section 15. Rule of Construction. This Reso-Iowa Finance Authority of $1,889,521 General lution and the terms and conditions of the Notes Obligation Capital Loan Notes to evidence the authorized hereby shall be construed whenever obligations of the City under said Loan and possible so as not to conflict with the terms and Disbursement Agreement, for the purpose of conditions of the Interim Loan and Disbursement paying costs of constructing storm water inter- Agreement. In the event such construction is not ceptor and culvert improvements, including possible, or in the event of any conflict or incon-those costs associated with the Lower Bee sistency between the terms hereof and those of Branch Creek Restoration Project, the restora- the Interim Loan and Disbursement Agreement, tion or day-lighting of the buried Upper Bee the terms of the Interim Loan and Disbursement Branch Creek, and culvert improvements and Agreement shall prevail and be given effect to creek restoration and stabilization undertaken as the extent necessary to resolve any such conflict part of the North Fork Catfish Creek Project, and or inconsistency. has considered the extent of objections received th Passed and approved this 4 day of Decem-from residents or property owners as to said ber, 2006. proposal and, accordingly the following action is Roy D. Buol, Mayor now considered to be in the best interests of the Attest: Jeanne F. Schneider, City Clerk City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY General Obligation Capital Loan Notes - THE CITY COUNCIL OF THE CITY OF DUBU- $1,889,521: Proof of publication on notice of QUE, IOWA: hearing to consider the proposition of issuing not Section 1. That this Council does hereby in- to exceed $1,889,521 in General Obligation stitute proceedings and takes additional action Capital Loan Notes from the State of Iowa for the authorization of a Loan and Disburse- Revolving Fund Loan (SRF) for the Lower Bee ment Agreement by and between the City, the Branch Creek Restoration Project and Upper Iowa Finance Authority, the Iowa Department of Bee Branch Creek Restoration Project and Natural Resources and Wells Fargo Bank, N.A. culvert improvements and creek restoration and and the issuance to the Iowa Finance Authority stabilization undertaken as part of the North in the manner required by law of Fork Catfish Creek Project and City Manager $1,889,521General Obligation Capital Loan recommending approval, upon motion received Notes for the foregoing purpose. and filed. Cline moved adoption of Resolution Section 2. That the City Clerk, with the assis- No. 585-06 Instituting proceedings to take tance of the City Attorney and bond counsel, is additional action on the authorization of a Loan hereby authorized and directed to proceed with and Disbursement Agreement and the issuance the preparation of such documents and proceed- of not to exceed $1,889,521 General Obligation ings as shall be necessary to authorize the City's Capital Loan Notes and Resolution No. 586-06 participation in the SRF Loan Program, to select Approving and authorizing a form of Interim a suitable date for final Council authorization of Loan and Disbursement Agreement by and the required Loan and Disbursement Agreement between the City of Dubuque and the Iowa and issuance of the Note to evidence the City's Finance Authority, and authorizing and providing obligations there under, and to take such other for the issuance and securing the payment of actions as the Clerk shall deem necessary to $1,889,521 General Obligation Capital Loan permit the completion of a loan on a basis Notes Anticipation Project Note, Series 2006, of favorable to the City and acceptable to this the City of Dubuque, Iowa under the provisions Council. of the Code of Iowa, and providing for a method Section 3. That this Resolution be and does of payment of said Note. Seconded by Lynch. hereby serve as a declaration of official intent Motion carried 7-0. under Treasury Regulation 1.150-2, because the City reasonably expects to reimburse with the RESOLUTION 585-06 proceeds of the Notes, all or a portion of original INSTITUTING PROCEEDINGS TO TAKE expenditures incurred in connection with the ADDITIONAL ACTION FOR THE AUTHORI- above purposes. th ZATION OF A LOAN AND DISBURSEMENT Passed and approved this 4 day of Decem- AGREEMENT AND THE ISSUANCE OF ber, 2006. $1,889,521 GENERAL OBLIGATION CAPITAL Roy D. Buol, Mayor LOAN NOTES Attest: Jeanne F. Schneider, City Clerk WHEREAS, pursuant to notice published as RESOLUTION NO. 586-06 required by law, this Council has held a public APPROVING AND AUTHORIZING A FORM OF meeting and hearing upon the proposal to INTERIM LOAN AND DISBURSEMENT institute proceedings for the authorization of a AGREEMENT BY AND BETWEEN THE CITY Loan and Disbursement Agreement by and OF DUBUQUE, AND THE IOWA FINANCE between the City, the Iowa Finance Authority, 456 Regular Session, December 4, 2006 AUTHORITY, AND AUTHORIZING AND PRO- any other consecutive twelve-month VIDING FOR THE ISSUANCE AND SECURING period adopted by the Governing Body THE PAYMENT OF $1,889,521 GENERAL or by law as the official accounting pe- OBLIGATION CAPITAL LOAN NOTES ANTIC- riod of the System; provided, that the IPATION PROJECT NOTE, SERIES 2006, OF requirements of a fiscal year as ex- THE CITY OF DUBUQUE, IOWA, UNDER THE pressed in this Resolution shall exclude PROVISIONS OF THE CODE OF IOWA, AND any payment of principal or interest fall- PROVIDING FOR A METHOD OF PAYMENT ing due on the first day of the fiscal OF SAID NOTE year and include any payment of prin- WHEREAS, Issuer proposes to issue its cipal or interest falling due on the first General Obligation Capital Loan Notes Anticipa-day of the succeeding fiscal year; ? tion Project Note, Series 2006, to the extent of "Governing Body" shall mean $1,889,521, for the purpose of defraying the the Council of the City, or its successor costs of the Project; and, it is deemed necessary in function with respect to the operation and advisable and in the best interests of the and control of the System; City that a form of Interim Loan and Disburse- ? "Interim Loan" shall mean the ment Agreement by and between the City, and principal amount allocated by the De- the Iowa Finance Authority, be approved and partment and loaned to the City under authorized; and the Program, equal in amount to the WHEREAS, the notice of intention of Issuer principal amount of the Note; to take action for the issuance of $1,889,521 ? "Issuer" and "City" shall mean General Obligation Capital Loan Notes, Series the City of Dubuque, Iowa; 2006, has heretofore been duly published and ? "Note" shall mean $1,889,521 no objections to such proposed action have General Obligation Capital Loan Notes been filed. Anticipation Project Note, Series 2006, NOW, THEREFORE, BE IT RESOLVED BY authorized to be issued by this Resolu- THE CITY COUNCIL OF THE CITY OF DUBU- tion; QUE, IN THE COUNTY OF DUBUQUE, STATE ? "Original Purchaser" shall mean OF IOWA: the Iowa Finance Authority, as the pur- Section 1. Definitions. The following terms chaser of the Note from Issuer at the shall have the following meanings in this Resolu- time of its original issuance; tion unless the text expressly or by necessary ? "Paying Agent" shall be the City implication requires otherwise: Treasurer, or such successor as may ? "Additional Project Notes" shall be approved by Issuer as provided mean any project notes or other obliga- herein and who shall carry out the du- tions issued on a parity with the Note in ties prescribed herein as Issuer's agent accordance with the provisions of Sec- to provide for the payment of principal tion 11 hereof. of and interest on the Notes as the ? "Agreement" shall mean an Inte- same shall become due; rim Loan and Disbursement Agreement ? "Permitted Investments" shall dated as of the Closing between and mean: among the City, and the Original Pur- ? direct obligations of (includ- chaser, relating to the Interim Loan ing obligations issued or held in made to the City under the Program; book entry form on the books of) ? "City Clerk" shall mean the City the Department of the Treasury of Clerk or such other officer of the suc- the United States of America; cessor Governing Body as shall be ? cash (insured at all times by charged with substantially the same du- the Federal Deposit Insurance ties and responsibilities; Corporation or otherwise collatera- ? "Closing" shall mean the date of lized with obligations described in delivery of the Note to the Original Pur- the above paragraph); chaser and the funding of the Interim ? obligations of any of the fol- Loan; lowing federal agencies which ob- ? "Corporate Seal" shall mean the ligations represent full faith and official seal of Issuer adopted by the credit of the United States of Governing Body; America, including: ? "Department" shall mean the - Export - Import Bank Iowa Department of Natural Resources; - Farm Credit System ? "Fiscal Year" shall mean the Financial Assistance twelve months' period beginning on Ju- Corporation ly 1 of each year and ending on the last - USDA - Rural Devel- day of June of the following year, or opment Regular Session, December 4, 2006 457 - General Services on an irrevocable escrow account Administration or fund (the "escrow"), in the high- - U.S. Maritime Admin-est rating category of S&P or Moo- istration dy's or any successors thereto; or - Small Business Ad-(b)(i) which are fully secured as to ministration principal and interest and redemp- - Government National tion premium, if any, by an escrow Mortgage Associa-consisting only of cash or direct ob- tion (GNMA) ligations of the Department of the - U.S. Department of Treasury of the United States of Housing & Urban America, which escrow may be ap- Development (PHA's) plied only to the payment of such - Federal Housing principal of and interest and re- Administration demption premium, if any, on such ? bonds or other obligations on the repurchase agreements maturity date or dates thereof or the whose underlying collateral consists specified redemption date or dates of the investments set out above if pursuant to such irrevocable in- the Issuer takes delivery of the col- structions, as appropriate; and lateral either directly or through an (ii) which escrow is sufficient, as ve- authorized custodian. Repurchase rified by a nationally recognized in- agreements do not include reverse dependent certified public accoun- repurchase agreements; ?tant, to pay principal of and interest senior debt obligations rated and redemption premium, if any, on "AAA" by Standard & Poor's Corpo- the bonds or other obligations de- ration (S&P) or "Aaa" by Moody's scribed in this paragraph on the Investors Service Inc. (Moody's) is- maturity date or dates specified in sued by the Federal National Mort- the irrevocable instructions referred gage Association or the Federal to above, as appropriate; Home Loan Mortgage Corporation; ? tax exempt bonds as defined ? U.S. dollar denominated de- and permitted by section 148 of the posit accounts, federal funds and Internal Revenue Code and appli- banker's acceptances with domestic cable regulations and only if rated commercial banks which have a rat- within the two highest classifica- ing on their short-term certificates of tions as established by at least one deposit on the date of purchase of of the standard rating services ap- "A-1" or "A-1+" by S&P or "P-1" by proved by the superintendent of Moody's and maturing no more than banking by rule adopted pursuant to 360 days after the date of purchase chapter 17A Code of Iowa; (ratings on holding companies are ? an investment contract rated not considered as the rating of the within the two highest classifica- bank); ?tions as established by at least one commercial paper which is of the standard rating services ap- rated at the time of purchase in the proved by the superintendent of single highest classification, "A-1+" banking by rule adopted pursuant to by S&P or "P-1" by Moody's and chapter 17A Code of Iowa; and which matures not more than 270 ? Iowa Public Agency Invest- days after the date of purchase; ment Trust. ? investments in a money ? "Program" shall mean the Iowa market fund rated "AAAm" or Sewage Treatment Works Financing "AAAm-G" or better by S&P; Program undertaken jointly by the Origi- ? pre-refunded Municipal Ob- nal Purchaser and the Department; ligations, defined as any bonds or ? "Project" shall mean the costs of other obligations of any state of the constructing storm water interceptor and United States of America or of any culvert improvements, including those agency, instrumentality or local go- costs associated with the Lower Bee vernmental unit of any such state Branch Creek Restoration Project, the which are not callable at the option restoration or day-lighting of the buried of the obligor prior to maturity or as Upper Bee Branch Creek, and culvert to which irrevocable instructions improvements and creek restoration and have been given by the obligor to stabilization undertaken as part of the call on the date specified in the no- North Fork Catfish Creek Project; tice; and (a) which are rated, based 458 Regular Session, December 4, 2006 ? to Section 76.13 of the Code of Iowa, as "Project Costs" shall mean all en- authorized by the Agreement and this gineering fees, archeological surveys, Resolution. environmental studies, and fees related b. Execution. The Note shall be ex- to a project plan preparation and sub- ecuted by the manual or facsimile signa- mission, and other expenses incidental ture of the Mayor and attested by the ma- thereto, and also including the costs of nual or facsimile signature of the Clerk, issuance of the Note. and impressed or imprinted with the seal of ? "Project Fund" shall mean the the City and shall be fully registered as to Project Fund established by Section 6 of both principal and interest as provided in this Resolution. this Resolution; principal, interest and pre- ? "Registrar" shall be the City Trea- mium, if any, shall be payable at the office surer, or such successor as may be ap- of the Paying Agent by mailing of a check, proved by Issuer as provided herein and wire transfer or automated clearing house who shall carry out the duties prescribed system transfer to the registered owner of herein with respect to maintaining a reg- the Note. ister of the owners of the Note. Unless c. Redemption. The Note may be called otherwise specified, the Registrar shall for redemption by the Issuer and paid be- also act as Transfer Agent for the Note; fore maturity on any date, from any funds ? "System" shall mean the munici- regardless of source, in whole or from time pal sewer utility of the Issuer and all to time in part, in order of maturity and properties of every nature hereinafter within an annual maturity by lot. owned by the Issuer comprising part of Thirty (30) days notice of redemption or used as a part of the System, includ- shall be given by certified or registered ing all wastewater treatment facilities, mail to the Original Purchaser (or any other sanitary sewers, force mains, pumping registered owner of the Note). The terms of stations and all related property and im- redemption shall be par, plus accrued in- provements and extensions made by Is- terest to date of call. Failure to give such suer while the Note remains outstand- notice by mail to any registered owner or ing; all real and personal property; and any defect therein shall not affect the va- all appurtenances, contracts, leases, lidity of any proceedings for the redemption franchises and other intangibles; of the Note. The Note is also subject to ? "Treasurer" shall mean the City mandatory redemption to the extent not ful- Treasurer or such other officer as shall ly drawn upon. succeed to the same duties and respon- d. Registration. The Note may be reg- sibilities with respect to the recording istered as to principal and interest on the and payment of the Note issued he- books of the Note Registrar in the name of reunder. the holder and such registration noted on Section 2. Authority. The Agreement and the the Note after which no transfer shall be Note authorized by this Resolution shall be valid until the making of an entry upon the issued pursuant to Sections 76.13 and 384.24A books kept for the registration and transfer of the Code of Iowa, and in compliance with all of ownership of the Note, and in no other applicable provisions of the Constitution and way. The City Treasurer is hereby ap- laws of the State of Iowa. The Agreement shall pointed as Note Registrar under the terms be substantially in the form attached to this of this Resolution. Registrar shall maintain Resolution and is authorized to be executed and the books of the Issuer for the registration issued on behalf of the Issuer by the Mayor and of ownership of the Note for the payment of attested by the City Clerk. principal of and interest on the Note as Section 3. Note Details, Execution, Redemp- provided in this Resolution. The Note shall tion and Registration. be negotiable as provided in Article 8 of the a. Note Details. The Note shall be Uniform Commercial Code subject to the designated a General Obligation Capital provisions for registration and transfer con- Loan Notes Anticipation Project Note, be tained in the Note and in this Resolution. dated the date of delivery, in the denomi- The ownership of any Note may be nation of $1,000 or multiples thereof, and transferred only upon the Registration shall at the request of the Original Pur- Books kept for the registration and transfer chaser be initially issued as a single Note of the Note and only upon surrender the- in the denomination of $1,889,521 and reof at the office of the Registrar together numbered R-1. The Note shall not bear in- with an assignment duly executed by the terest (0%), and shall mature three years holder or his duly authorized attorney in from issuance. The City Council hereby fact in such form as shall be satisfactory to finds and determines that it is necessary the Registrar, along with the address and and advisable to issue said Note pursuant Regular Session, December 4, 2006 459 social security number or federal employer shall be the duty of the Paying Agent to identification number of such transferee hold such funds, without liability for interest (or, if registration is to be made in the thereon, for the benefit of the owner of name of multiple individuals, of all such such Note who shall thereafter be re- transferees). In the event that the address stricted exclusively to such funds for any of the registered owner of a Note (other claim of whatever nature on his part under than a registered owner which is the nomi-this Resolution or on, or with respect to, nee of the broker or dealer in question) is such interest or Note. The Paying Agent's that of a broker or dealer, there must be obligation to hold such funds shall continue disclosed on the Registration Books the in-for a period equal to two years and six formation pertaining to the registered own-months following the date on which such er required above. Upon the transfer of any interest or principal became due, whether such Note, a new fully registered Note, of at maturity, or at the date fixed for redemp- any denomination or denominations per-tion thereof, or otherwise, at which time the mitted by this Resolution in aggregate prin-Paying Agent, shall surrender any remain- cipal amount equal to the unmatured and ing funds so held to the Issuer, whereupon unredeemed principal amount of such any claim under this Resolution by the transferred fully registered Note, and bear-Owners of such interest or Notes of what- ing interest at the same rate and maturing ever nature shall be made upon the Issuer. on the same date or dates shall be deli-Section 4. Form of Note. The form of Note vered by the Registrar. shall be substantially as [provided]. In all cases of the transfer of the Note, Section 5. Security for Note. The Note shall the Registrar shall register, at the earliest be payable solely from the Project Fund. To pay practicable time, on the Registration the principal on the Note when it becomes due, Books, the Note, in accordance with the there is hereby created a pledge of the receipts provisions of this Resolution. anticipated in said Project Fund to continue until As to any Note, the person in whose the payment in full of the principal on the Note. name the ownership of the same shall be Section 6. Establishment of Project Fund. registered on the Registration Books of the The Issuer hereby creates and establishes a Registrar shall be deemed and regarded Project Fund, into which Project Fund are as the absolute owner thereof for all pur-hereby appropriated the following: Proceeds of poses, and payment of or on account of $1,889,521 General Obligation Capital Loan the principal of any such Note and the Notes, additional action for the issuance of premium, if any, and interest thereon shall which previously has been taken and approved be made only to or upon the order of the by the City Council registered owner thereof or his legal repre-The funds so appropriated shall include in sentative. All such payments shall be valid addition thereto all funds of the Issuer, including and effectual to satisfy and discharge the proceeds realized on the reinvestment of liability upon such Note, including the in-proceeds of the Note, from which the Issuer is or terest thereon, to the extent of the sum or may become obligated to pay under contracts sums so paid. for the construction of the Project to the extent A Note which has been redeemed shall that proceeds of the Note are applied to the not be reissued but shall be cancelled by payment thereof. the Registrar. A Note which is cancelled by Section 7. Application of Project Fund. The the Registrar shall be destroyed and a Cer-proceeds of the sale of the Note shall be depo- tificate of the destruction thereof shall be sited in the Project Fund for application to furnished promptly to the Issuer; provided payment of Project Costs and the costs of that if the Issuer shall so direct, the Regi-issuance of the Note or to pay the principal of strar shall forward the cancelled Note to the Note when due and for no other purpose. the Issuer. Disbursements for the payment of Project In the event any payment check Costs shall be made by the City Clerk upon representing payment of principal of or in-receipt of vouchers approved by the Governing terest on the Note is returned to the Paying Body. Agent or if any note is not presented for After completion of the Project, any moneys payment of principal at the maturity or re-remaining in the Project Fund shall be held for demption date, if funds sufficient to pay the retirement of Note. When the Note is paid or such principal of or interest on Note shall payment is provided for, remaining moneys in have been made available to the Paying the Project Fund may be withdrawn and used for Agent for the benefit of the owner thereof, any lawful purpose. all liability of the Issuer to the owner the-Section 8. Investments. Moneys in the reof for such interest or payment of such Project Fund shall at all times be invested, to the Note shall forthwith cease, terminate and extent practicable in Permitted Investments be completely discharged, and thereupon it maturing at such times and in such amounts as 460 Regular Session, December 4, 2006 will make cash available for the purposes of Section 14. Paragraph Headings. The para- such Project Fund as needed. graph headings in this Resolution are furnished Section 9. Covenants with Noteholders. Is-for convenience of reference only and shall not suer covenants and agrees, so long as any be considered to be a part of this Resolution. Notes herein authorized remain unpaid, that it: Section 15. Rule of Construction. This F. Will proceed to complete Resolution and the terms and conditions of the with all practicable dispatch the construc-Notes authorized hereby shall be construed tion and acquisition of the Project; whenever possible so as not to conflict with the G. Will not make or cause or terms and conditions of the Interim Loan and permit to be made any application of the Disbursement Agreement. In the event such proceeds of the Note or of any moneys construction is not possible, or in the event of held in the Project Fund, except in accor-any conflict or inconsistency between the terms dance with the provisions of this Resolu-hereof and those of the Interim Loan and Dis- tion; bursement Agreement, the terms of the Interim H. Will from time to time in-Loan and Disbursement Agreement shall prevail crease the amount of the appropriations and be given effect to the extent necessary to to the Project Fund, to the extent neces-resolve any such conflict or inconsistency. th sary to assure that the expected receipts Passed and approved this 14 day of De- thereafter forthcoming, together with the cember, 2006. Funds appropriated and held in trust for Roy D. Buol, Mayor the purpose will be sufficient to pay when Attest: Jeanne F. Schneider, City Clerk due the Note as to both principal and in- terest. Port of Dubuque Storm Sewer Extension – I. Will obtain the collection of Phase V Project: Proof of publication on notice funds and the proceeds of the sale of of hearing to consider the Port of Dubuque general obligation capital loan notes an-Storm Sewer Extension – Phase V Project and ticipated to be received in the Project City Manager recommending award of the Fund and, if not paid from other sources, contract to Tschiggfrie Excavating in the amount apply the same to the payment of the of $118,492.40, upon motion received and filed. Note and interest thereon; and Cline moved adoption of Resolution No. 587-06 J. For the prompt and full per-Adopting plans and specifications; Resolution formance of the terms and provisions of No. 588-06 Awarding construction contract for this Resolution and contract with the the Port of Dubuque Storm Sewer Extension – noteholders, the Issuer pledges its full Phase V Project, and Resolution No. 589-06 faith and diligence and the exercise of its Approving construction contract with Tschiggfrie lawful powers. Excavating for the Port of Dubuque Storm Section 10. Contract Between Issuer and Sewer Extension – Phase V Project. Seconded Purchaser. This Resolution constitutes a con-by Jones. Motion carried 7-0. tract between the Issuer and the purchaser of RESOLUTION NO. 587-06 the Note. ADOPTING PLANS AND SPECIFICATIONS Section 11. Additional Notes. The Issuer may issue Additional Project Notes of equal Whereas, on the 1st day of November, 2006, standing and parity of lien with the Note for the plans, specifications, form of contract and purpose of paying Project Costs to the extent estimated cost were filed with the City Clerk of that funds appropriated to the Project Fund are Dubuque, Iowa for the Port of Dubuque Storm adequate to pay all notes so issued and interest Sewer Extension – Phase V Project. thereon. Whereas, notice of hearing on plans, specifi- The holder or holders of the Notes shall have cations, form of contract, and estimated cost all other rights and remedies given by law for the was published as required by law. payment and enforcement of the Notes and the NOW THEREFORE, BE IT RESOLVED BY security therefore. THE CITY COUNCIL OF THE CITY OF DUBU- Section 12. Severability Clause. If any sec-QUE, IOWA: tion, paragraph, clause or provision of this That the said plans, specifications, form of Resolution be held invalid, such invalidity shall contract and estimated cost are hereby ap- not affect any of the remaining provisions proved as the plans, specifications, form of hereof, and this Resolution shall become effec-contract and estimated cost for said improve- tive immediately upon its passage and approval. ments for said project. th Section 13. Repeal of Conflicting Resolu-Passed, adopted and approved this 4 day tions or Ordinances. All ordinances and resolu-of December, 2006. tions and parts of ordinances and resolutions in Roy D. Buol, Mayor conflict herewith are hereby repealed. Attest: Jeanne F. Schneider, CMC, City Clerk Regular Session, December 4, 2006 461 RESOLUTION NO. 588-06 ACTION ITEMS AWARDING CONSTRUCTION CONTRACT FOR THE PORT OF DUBUQUE STORM Residential Parking Permit District (First SEWER EXTENSION – PHASE V PROJECT Reading on November 6, 2006 and Second Whereas, sealed proposals have been sub-Reading on November 20, 2006): Communica- mitted by contractors for the Port of Dubuque tion from Jude Claussen, 1833 Hansel Drive, Storm Sewer Extension – Phase V Project urging a yes vote on the Residential Parking pursuant to Resolution No. 587-06 and notice to Permit District on Hansel Drive, upon motion bidders published in a newspaper published in received and filed. Discussion ensued about this the City of Dubuque, Iowa on the 10th day of Parking Permit District with Michalski stating she November, 2006. disagrees with the concept of RPPD’s, Connors Whereas, said sealed proposals were commented on the letter from School Superin- opened and read on the 21st day of November, tendent John Burgart in which he stated that the 2006, and it has been determined that the bid of schools have started to look for resolution of this Tschiggfrie Excavating of Dubuque, Iowa, in the problem, and Cline stated that this area would amount of $118,492.40 was the lowest bid for continue to be a problem. Ordinance No. 75-06 the furnishings of all labor and materials and Establishing a Residential Parking Permit performing the work as provided for in the plans District on Hansel Drive from Keystone Drive to and specifications. Keymont Drive, said Ordinance having been NOW THEREFORE, BE IT RESOLVED BY presented and read at the Council Meetings of thth THE CITY COUNCIL OF THE CITY OF DUBU-November 6 and November 20, now pre- QUE, IOWA: sented for final action. Jones moved final con- That the contract for the above improvement sideration and passage of the Ordinance. be awarded to Tschiggfrie Excavating and the Seconded by Braig. Motion carried 5-2 with Manager be and is hereby directed to execute a Cline and Michalski voting Nay. contract on behalf of the City of Dubuque for the OFFICIAL PUBLICATION complete performance of the work. ORDINANCE NO. 75-06 BE IT FURTHER RESOLVED: AMENDING THE CODE OF ORDINANCES That upon the signing of said contract and OF THE CITY OF DUBUQUE, IOWA, BY the approval of the contractor’s bond, the City ADOPTING A NEW SECTION 32-401 PROVID- Treasurer is authorized and instructed to return ING FOR THE DESIGNATION OF HANSEL the bid deposits of the unsuccessful bidders. th DRIVE BETWEEN KEYSTONE DRIVE AND Passed, approved and adopted this 4 day KEYMONT DRIVE AS A RESIDENTIAL PARK- of December, 2006. ING PERMIT DISTRICT Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Whereas, Sections 32-381 and 32-393 of the Code of Ordinances of the City of Dubuque, RESOLUTION NO. 589-06 Iowa, empowers the City Council to establish a APPROVING CONSTRUCTION CONTRACT Residential Parking Permit District upon receipt WITH TSCHIGGFRIE EXCAVATING FOR THE of a valid petition and the finding of certain PORT OF DUBUQUE STORM SEWER EX- conditions; and TENSION – PHASE V PROJECT Whereas, a valid petition has been received Whereas the City Council by Resolution No. to declare an area described as follows as a 588-06 awarded the construction contract for the Residential Parking Permit District: Hansel Port of Dubuque Storm Sewer Extension – Drive, between Keystone Drive and Keymont Phase V Project to Tschiggfrie Excavating; and Drive Whereas Tschiggfrie Excavating has submit-Whereas, the City Manager has caused a ted the attached executed contract and bond. parking study of the above identified area to be NOW THEREFORE, BE IT RESOLVED BY conducted, and which study has established that THE CITY COUNCIL OF THE CITY OF DUBU-the area meets the criteria as established in QUE, IOWA: Section 32-383 of the Code of Ordinances of the 1. The contract and bond attached hereto City of Dubuque, Iowa: are hereby approved. 1. At least 80 percent (80%) of the 2. The City Manager is hereby authorized curbside parking spaces in the and directed to execute the contract on behalf of proposed Parking Permit District the City of Dubuque. were utilized during peak periods; th Passed, approved and adopted this 4 day and of December, 2006. 2. At least 25 percent (25%) of the Roy D. Buol, Mayor curbside parking spaces in the Attest: Jeanne F. Schneider, CMC, City Clerk proposed Parking Permit District were utilized by nonresident park- Upon motion the rules were reinstated limit-ers; and ing discussion to the Council. 462 Regular Session, December 4, 2006 Whereas, the City Manager, based upon the without displaying a valid parking petition and the results of the parking study, permit issued by the City. th recommends to the City Council that the area be Passed, approved and adopted this 4 day designated as a Residential Parking Permit of December, 2006. District during the hours of 7:00 a.m. to 3:00 /s/Roy D. Buol, Mayor p.m. daily, except Saturdays, Sundays, and Attest: /s/Jeanne F. Schneider, CMC, City Clerk holidays; and Published officially in the Telegraph Herald th Whereas, the City Council pursuant to public Newspaper the 8 day of December, 2006. notice on October 27, 2006, in the City of /s/Jeanne F. Schneider, CMC, City Clerk Dubuque Telegraph Herald, a newspaper of 1t 12/8 general circulation, met in session on the 6th day of November, 2006, at 6:30 p.m. at the Building Code Amendment and Window Re- Carnegie Stout Public Library, 360 11th Street, placement and Alteration Policy: City Manager for the purpose of hearing all interested persons recommending approval of a Building Code and representatives of organizations and to Amendment and Window Replacement and consider any and all objections which have been Alteration Policy which would allow staff to have filed to the proposed designation of the above the ability to approve a building permit for the area as a Residential Parking Permit District alteration or replacement of a window in a during the hours of 7:00 a.m. to 3:00 p.m. daily, historic district in lieu of formal HPC Design except Saturdays, Sundays, and holidays; and Review, provided the proposed alteration or Whereas, all interested parties have been replacement meets either the City’s Architectural given an opportunity to be heard and all objec-Guidelines for Historic Structures or the Window tions have been duly considered. Replacement and Alteration Policy, upon motion NOW THEREFORE, BE IT ORDAINED BY received and filed. THE CITY COUNCIL OF THE CITY OF DUBU-Ordinance No. 76-06 Amending Chapter 11 QUE, IOWA: (Building Regulations) of the City of Dubuque Section 1. That a petition containing the re-Code of Ordinances by amending Section 11-2 quired number of signatures and meeting the International Building Code Amendments and intent and purpose of Section 32-381 through Section 11-6 International Residential Code 32-393 of the Code of Ordinances of the City of Amendments, presented and read. Connors Dubuque, Iowa, has been received by the City of moved that the requirement that a proposed Dubuque. Ordinance be considered and voted on for Section 2. That any and all objections to the passage at two Council Meetings prior to the designation of the area as a Residential Parking meeting at which it is to be finally passed be Permit District during the hours of 7:00 a.m. to suspended. Seconded by Jones. Motion carried 3:00 p.m. daily, except Saturdays, Sundays, and 7-0. Jones moved final consideration and holidays be and same are overruled. passage of the Ordinance. Seconded by Con- Section 3. That the recommendation of the nors. Motion carried 7-0. City Manager based upon the petition and the OFFICIAL PUBLICATION parking study to designate the area as a Resi- ORDINANCE NO. 76-06 dential Parking Permit District during the hours AMENDING CHAPTER 11 (BUILDING REGU- of 7:00 a.m. to 3:00 p.m. daily, except Satur- LATIONS) OF THE CITY OF DUBUQUE CODE days, Sundays, and holidays, is hereby ap- OF ORDINANCES BY AMENDING SECTION proved and accepted. 11-2 INTERNATIONAL BUILDING CODE Section 4. That the Code of Ordinances of AMENDMENTS AND SECTION 11-6 INTER- the City of Dubuque, Iowa, be amended by NATIONAL RESIDENTIAL CODE AMEND- enacting the following new Section 32-401: MENTS SEC. 32-401. RESIDENTIAL PARKING PERMIT DISTRICT H. Whereas, the Historic Preservation Commis- a) The following described area sion has recommended amendments to Chapter constitutes a Residential Parking 11 (Building Regulations) of the City of Dubuque Permit District designated as Code of Ordinances regarding International Residential Parking Permit “H”. Building Code Amendments; and Hansel Drive, between Keystone Whereas, the City of Dubuque may add, de- Drive and Keymont Drive lete, modify or amend the International Building b) No vehicles shall park curb-Code of the city; and side in Residential Parking Permit Whereas, the City Council has appointed a District H during the hours of Historic Preservation Commission to develop seven o’clock (7:00) A.M. to three and adopt specific standards for review and o’clock (3:00) P.M., except Sat-design guidelines for the alteration of landmarks, urdays, Sundays, and holidays, landmark sites or property and structures within historic districts; review demolition permits in Regular Session, December 4, 2006 463 historic districts, and provide recommendations a presentation on the Municipal Fire and Emer- to the City Council; and gency Service Response and Deployment Study Whereas, the City Council finds that the rec-from the consultant, Travis Miller of the Matrix ommended amendments to Chapter 11 are Consulting Group, upon motion received and consistent with the goals and objectives of the filed and approved recommendation for work City’s Comprehensive Plan and the purpose and session for 1/3/07 at 5:00 p.m. intent of the City’s Code of Ordinances; and Fiscal Year 2008 Budget Hearing Schedule: NOW, THEREFORE, BE IT ORDAINED BY City Manager recommending approval to move THE CITY COUNCIL OF THE CITY OF DUBU-the previously scheduled February 20th budget QUE, IOWA: hearing to March 8, 2007, upon motion received, Section 1. Section 11-2 of the City of Dubu-filed, and approved. que Code of Ordinances is hereby amended by adding Section 105.1 Permits, Required of the At 7:15 p.m. upon motion Council went into International Building Code by adding the Closed Session re: Pending Litigation and following new paragraph (Sec. R105.1. Permits, Property Acquisition – Chapter 21.5(1)(c)(j) 2005 Required): Code of Iowa. Seconded by Connors. Motion Sec. 11-2. International Building Code-carried 7-0. Amendments: The code adopted by section 11-1 of this ar-There being no further business, upon mo- ticle is hereby amended as follows: tion meeting adjourned at 7:24 p.m. Sec. R105.1. Permits, Required. Section 105.1 “Permits” is hereby amended to require a /s/ Jeanne F. Schneider, CMC building permit and Historic Preservation Com-City Clerk mission approval for any window replacement or alteration within a designated Historic Preserva- tion District. Section 2. Section 11-6 of the City of Dubu- que Code of Ordinances is hereby amended by adding Section 105.1 Permits, Required of the International Residential Building Code by adding the following new paragraph (Sec. R105.1. Permits, Required): The code adopted by section 11-5 of this ar- ticle is hereby amended as follows: Sec. R105.1. Permits, Required. Section 105.1 “Permits” is hereby amended to require a building permit and Historic Preservation Com- mission approval for any window replacement or alteration within a designated Historic Preserva- tion District. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. th Passed, approved and adopted this 4 day of December, 2006. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald th Newspaper the 8 day of December, 2006. /s/Jeanne F. Schneider, CMC, City Clerk 1t 12/8 Comprehensive Plan Update: Communica- tion from the Long Range Planning Advisory Commission requesting that a work session be scheduled for an update on the Comprehensive Plan, upon motion received and filed and set the work session for January 22, 2007 at 5:30 p.m. Municipal Fire and Emergency Service Re- sponse and Deployment Study: City Manager recommending that a work session be sche- duled for January 3, 2007 at 5:00 p.m. to receive 464 Special Session, December 11, 2006 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, December 11, 2006 Council met at 5:00 P.M. in the Public Library Auditorium Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski, City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of reviewing the Annexation Study Update. Planning Services Manager Laura Carstens introduced Bob Veenstra of Veenstra and Kimm who provided an overview of the annexation study. He reviewed the objectives of the study which included determining the relative cost and relative benefits associated with the proposed growth and growth areas, evaluating the relative cost and benefit of proposed growth areas in relationship to each other, identifying potential advantages and weaknesses within the pro- posed growth areas and prioritizing the potential growth area for further consideration. The study identified 23 separate growth areas which were grouped into larger geographic areas identified as the southeast area, south area, southwest area and north area. He explained the analysis criteria included general parameters and a financial analysis and then reviewed how each of the 23 separate areas ranked in comparison to each other. There being no further business, Connors moved to adjourn. Seconded by Jones. Motion carried 7-0. The meeting adjourned at 5:55 P.M. /s/ Jeanne F. Schneider, CMC City Clerk Regular & Special Sessions, December 18, 2006 465 DUBUQUE DUBUQUE CITY COUNCIL CITY COUNCIL OFFICIAL OFFICIAL PROCEEDINGS PROCEEDINGS City Council met in special session at 4:45 City Council met in regular session at 6:30 PM on December 18, 2006, in the Public Library PM on December 18, 2006, in the Public Library Auditorium. Auditorium. Present: Mayor Buol, Council Members Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski, Braig, Cline, Connors, Jones, Lynch, Michalski, City Manager Van Milligen, City Attorney Lindahl City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a Mayor Buol read the call and stated this is a special session of the City Council called for the regular session of the City Council called for the purpose of reviewing the Federal Building purpose of discussing such matters which may Renovation Project properly come before the Council. Steve Ulstad, The Durrant Group, introduced Invocation was given by Dr. Winston Per- members of the project team that have been saud, Professor of Systematic Theology – working on the renovation project. Wendy Wartburg Theological Seminary Eipperle reviewed the process used to date on CONSENT ITEMS the second floor design for the renovated Council Chambers and Closed Session Room and explained they were trying to use as much Cline moved to receive, file, refer to staff, of the original materials as possible. and adopt resolutions were specified. Second by Lynch. Braig requested (#4) 409 Burch Street Mike Ruden reviewed the preliminary plans Re-tabling be held for separate discussion. for the third floor of the Federal Building which Michalski requested (#12) Eagle Point Bluff would provide offices for the Housing and Scaling and Tree Removal Project also be held Community Development Department. for separate discussion. Motion passed 7-0. Ulstad stated that the project schedule calls Minutes and Reports Submitted: Cable TV for substantial completion by August 15, 2007. Teleprogramming Commission of 9/12; City Council approval of schematic and design Council of 12/4 and 12/11; Civil Service Com- development of the Council Chambers and mission of 10/30; Environmental Stewardship Housing Services will be brought to the Council Advisory Commission of 11/7; Historic Preserva- at the January 15, 2007, meeting for approval. tion Commission of 11/16; Library Board of 9/28, The remainder of the project will be initiated at 10/16 and 10/26; Zoning Advisory Commission the February 19 meeting. The major question at of 12/6; Zoning Board of Adjustment of 11/22, this time is whether the National Park Service upon motion received and filed. will stipulate that the windows need to be re- placed with steel, which would greatly increase Proof of publication of List of Claims and the project budget. Summary of Revenues for month ended October 31, 2006, upon motion received and filed. There being no further business, Connors moved to adjourn. Seconded by Braig. Motion Printed City Council Proceedings for month carried 7-0. The meeting adjourned at 6:04 PM. of September, 2006, upon motion received, filed and approved as printed. /s/ Jeanne F. Schneider, CMC City Clerk Library Board of Trustees' Update from No- vember 16, 2006 meeting, upon motion received and filed. Notice of Claims/Suits: Joann Francois for personal injury; Amy J. Kress-Jordan for vehicle damage; Troy Lampers for vehicle damage; Kathryn E. Rupp for vehicle damage, upon motion received and filed and referred to the City Attorney for investigation/report. 466 Regular Session, December 18, 2006 City Attorney advising that the following Section 2. The City Treasurer is hereby claim has been referred to Public Entity Risk directed to pay to the contractor from the Services of Iowa, the agent for the Iowa Annual Street Program and the FY 2006/2007 Communities Assurance Pool: Joann Francois Concrete Section Repair appropriation for the for personal injury, upon motion received, filed contract amount of $65,973.88 less any and concurred. retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay East Central Intergovernmental Associa-such retainage only in accordance with the tion: East Central Intergovernmental Associa-provisions of Iowa Code chapter 573. th tion Fiscal Year 2006 Annual Report, upon Passed, approved and adopted this 18 motion received and filed. day of December, 2006. Roy D. Buol, Mayor 409 Burch Street (Tabled on November 6, Attest: Jeanne F. Schneider, CMC, City Clerk 2006): City Manager recommending that this RESOLUTION NO. 591-06 item be re-tabled to June 4, 2007, upon motion FINAL ESTIMATE received and filed and tabled to June 4, 2007. Braig questioned why this item was being re-Whereas, the construction contract for the tabled and what the actual timeline was for 2006 Grandview Avenue Concrete Section completion. The City Manager reviewed the Repair Project, has been completed and the history of this project and stated that the owner City Engineer has submitted his final estimate had made significant progress. Motion by showing the cost thereof including the cost of Braig to receive, file, and table to June 4, estimates, notices and inspection and all 2007. Seconded by Connors. Motion passed miscellaneous costs. 7-0. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF U.S. Department of Housing and Urban DUBUQUE, IOWA: Development: Communication from the U.S. Section 1. That the cost of said improve- Department of Housing and Urban Develop-ment is hereby determined to be $71,395.63 ment regarding the City’s Consolidated End-of-and the said amount shall be paid from the Year Review – Program Year 2005, upon Annual Street Program and the FY 2006/2007 motion received and filed. Concrete Section Repair funds of the City of Dubuque, Iowa. th Grandview Avenue Section Repair: City Passed, approved and adopted this 18 Manager recommending acceptance of the day of December, 2006. Grandview Avenue Section Repair Project as Roy D. Buol, Mayor completed by Horsfield Construction, Inc., in Attest: Jeanne F. Schneider, CMC, City Clerk the final contract amount of $65,973.88, upon motion received, filed, and Resolution No. 590-Custer/Allison-Henderson Sewer and De- 06 Accepting the 2006 Grandview Avenue tention Basin Project: City Manager recom- Concrete Section Repair Project and Resolu-mending acceptance of the Custer/Allison- tion No. 591-06 Approving final estimate were Henderson Sewer and Detention Basin Project adopted. as completed by McDermott Excavating in the final contract amount of $224,057.14. Upon RESOLUTION NO. 590-06 motion receive, filed, and Resolution No. 592- ACCEPTING THE 2006 GRANDVIEW AVE- 06 Accepting the Custer/Allison-Henderson NUE CONCRETE SECTION REPAIR Sewer and Detention Basin Project and PROJECT Resolution No. 593-06 approving final estimate Whereas, the contract for the 2006 Grand-were adopted. view Avenue Concrete Section Repair Project RESOLUTION NO. 592-06 (the Project) has been completed and the City ACCEPTING THE CUSTER/ALLISON- Manager has examined the work and filed a HENDERSON SEWER AND DETENTION certificate stating that the Project has been BASIN PROJECT completed according to the terms of the contract, plans and specifications and that the Whereas, the contract for the Cus- City Manager recommends that the Project be ter/Allison-Henderson Sewer and Detention accepted. Basin Project (the Project) has been com- NOW THEREFORE, BE IT RESOLVED pleted and the City Manager has examined the BY THE CITY COUNCIL OF THE CITY OF work and filed a certificate stating that the DUBUQUE, IOWA: Project has been completed according to the Section 1. The recommendation of the City terms of the contract, plans and specifications Manager is approved and the Project is hereby and that the City Manager recommends that accepted. the Project be accepted. Regular Session, December 18, 2006 467 NOW THEREFORE, BE IT RESOLVED main, storm sewers and catch basins, and BY THE CITY COUNCIL OF THE CITY OF boulevard street lighting were installed by the DUBUQUE, IOWA: developer of Oak Park Place. Section 1. The recommendation of the City Whereas, the improvements have been Manager is approved and the Project is hereby completed and the City Manager has ex- accepted. amined the work and has filed a certificate Section 2. The City Treasurer is hereby stating that the same has been completed in directed to pay to the contractor from the accordance with the plans approved by the Fiscal Year 2006 Custer/Allison-Henderson City Council and in conformance with City Sewer and Detention Basin Project appropria-specifications, and has recommended that the tion and the Fiscal Year 2007 Storm Sewer improvements be accepted by the City Coun- Improvement/Extensions appropriation for the cil. contract amount of $224,057.14 less any NOW THEREFORE, BE IT RESOLVED retained percentage provided for therein as BY THE CITY COUNCIL OF THE CITY OF provided in Iowa Code chapter 573, and to pay DUBUQUE: such retainage only in accordance with the Section 1. That the recommendation of the provisions of Iowa Code chapter 573. City Manager be approved and that said public th Passed, approved and adopted this 18 improvements in Oak Park Place be and the day of December, 2006 same is hereby accepted. Roy D. Buol, Mayor Section 2. That maintenance of said public Attest: Jeanne F. Schneider, CMC, City Clerk improvements shall be the responsibility of the owner for a period of two (2) years from this RESOLUTION NO. 593-06 date. th FINAL ESTIMATE Passed, adopted and approved this 18 Whereas, the construction contract for the day of December, 2006. Custer/Allison-Henderson Sewer and Deten-Roy D. Buol, Mayor tion Basin Project, has been completed and Attest: Jeanne F. Schneider, CMC, City the City Engineer has submitted his final Clerk estimate showing the cost thereof including the cost of estimates, notices and inspection and Shady Oaks Subdivision: City Manager all miscellaneous costs. recommending acceptance of the public NOW THEREFORE, BE IT RESOLVED improvements that the developer, Tschiggfrie BY THE CITY COUNCIL OF THE CITY OF Excavating Co., has recently completed in DUBUQUE, IOWA: Shady Oaks Subdivision and an adjacent Section 1. That the cost of said improve-development in Lot 7 of Mt. Carmel Heights. ment is hereby determined to be $249,291.11 Upon received, filed, and Resolution No. 595- and the said amount shall be paid from the 06 Accepting public improvements in Shady Fiscal Year 2006 Custer/Allison-Henderson Oaks Subdivision including an extension into Sewer and Detention Basin Project appropria-Carmel Heights was adopted. tion and the Fiscal Year 2007 Storm Sewer RESOLUTION NO. 595-06 Improvement/Extensions Project appropriation ACCEPTING PUBLIC IMPROVEMENTS IN of the City of Dubuque, Iowa. th SHADY OAKS SUBDIVISION INCLUDING Passed, approved and adopted this 18 AN EXTENSION INTO CARMEL HEIGHTS day of December, 2006. Roy D. Buol, Mayor Whereas, pursuant to Resolution 54-95, Attest: Jeanne F. Schneider, CMC, City Clerk certain public improvements including street paving with curb, sanitary sewer main, water- Oak Park Place – Acceptance of Public main, storm sewers and catch basins, boule- Improvements: City Manager recommending vard street lighting, and off-site detention acceptance of the public improvements that facilities were installed by the developer of the developer, Oak Park Place of Dubuque, Shady Oaks Subdivision, inclusive of Lots 1 LLC, recently completed in Oak Park Place, through 35, and Lot A, and Lot 7 of an exten- upon motion received and filed. Upon motion sion into Lot 7 of Carmel Heights. received, filed and Resolution No. 594-06 Whereas, the improvements have been Accepting public improvements in Oak Park completed and the City Manager has ex- Place was adopted. amined the work and has filed a certificate stating that the same has been completed in RESOLUTION NO. 594-06 accordance with the plans approved by the ACCEPTING PUBLIC IMPROVEMENTS IN City Council and in conformance with City OAK PARK PLACE specifications, and has recommended that the Whereas, pursuant to Resolution 232-04, improvements be accepted by the City Coun- certain public improvements including street cil. paving with curb, sanitary sewer main, water- 468 Regular Session, December 18, 2006 VIDED, THE INTEREST ON ALL UNPAID NOW THEREFORE, BE IT RESOLVED INSTALLMENTS, THE TIME WHEN THE BY THE CITY COUNCIL OF THE CITY OF ASSESSMENTS ARE PAYABLE AND DUBUQUE: DIRECTING THE CLERK TO CERTIFY THE Section 1. That the recommendation of the FINAL SCHEDULE AND TO PUBLISH City Manager be approved and that said public NOTICE THEREOF improvements in Shady Oaks Subdivision and the extension into Lot 7 of Carmel Heights be NOW, THEREFORE, BE IT RESOLVED and the same is hereby accepted. BY THE CITY COUNCIL OF THE CITY OF Section 2. That the construction of side-DUBUQUE, IOWA: walks, including the removal of trees within the That after full consideration of the final right of way, if necessary, is the responsibility schedule of assessments and accompanying of the property owner abutting said right of plat showing the assessments proposed to be way. made for the construction of the 2006 Side- Section 3. That maintenance of said public walk Assessment Project under contract with improvements shall be the responsibility of the Perry Construction of Dubuque, Iowa, and contractor and owner for a period of two (2) Arensdorf Construction of Dubuque, Iowa, years from this date. which final plat and schedule were filed in the thth Passed, adopted and approved this 18 office of the City Clerk on the 14 day of day of December, 2006. December, 2006, the said schedule of as- Roy D. Buol, Mayor sessments be and the same is hereby ap- Attest: Jeanne F. Schneider, CMC, City Clerk proved and adopted. That there be, and is hereby assessed and Contract Termination Agreement – Tricon levied as a special tax against and upon each General Construction, Inc.: City Manager of the lots, the respective sums indicated. recommending approval of the Termination Provided, further, that the amounts shown in Agreement for the Construction Contract said final schedule of assessments as defi- between the City of Dubuque, Iowa and Tricon ciencies are found to be proper and levied General Construction for the National Missis-conditionally against the respective properties sippi River Museum and Aquarium Expansion benefited by the improvements as shown in Project – former Adams Company Building Re-the schedule, subject to the provisions of Roof and Structural Repairs Project and Section 384.63 of the Code of Iowa. Said authorize the City to compensate Tricon for all assessments against said lots are hereby related expenses incurred in the amount of declared to be in proportion to the special $90,583, for which the City will be fully reim-benefits conferred and not in excess of twenty- bursed by the Dubuque County Historical five percent of the value of same. Society, upon motion received and filed and That the City Clerk be and is hereby di- approved recommendation. rected to certify said schedule to the County Treasurer of Dubuque County, Iowa, and to 2006 Sidewalk Assessment Project: City publish notice of said certification once each Manager recommending that assessments in week for two consecutive weeks in the manner the amount of $19,396.36 be levied against provided in Section 362.3, the first publication fifteen parcels of property as part of the 2006 of which shall be not more than fifteen days Sidewalk Assessment Project, upon motion from the date of filing of the final schedule. On received and filed. Upon motion Resolution or before the date of the second publication of No. 596-06 Adopting the final assessment the notice, the City Clerk shall also mail a copy schedule for the 2006 Sidewalk Assessment of said notice to property owners whose Project including certain information required property is subject to assessment, as provided by the Code of Iowa, specifically, the number and directed in Section 384.60 of the Code of of annual installments into which assessments Iowa. are divided, the interest on all unpaid install-Those assessments may be paid in full or ments, the time when the assessments are in part without interest at the office of the City th payable and directing the Clerk to certify the Treasurer, City Hall, 50 W. 13 Street, Dubu- final schedule and to publish notice thereof que, Iowa, at any time within 30 days after the was adopted. date of the first publication of this notice of the filing of the final schedule of assessments with RESOLUTION NO. 596-06 the County Treasurer. After 30 days, unpaid ADOPTING THE FINAL ASSESSMENT assessments of $100.00 or more are payable SCHEDULE FOR THE 2006 SIDEWALK in 10 annual installments at the County Trea- ASSESSMENT PROJECT INCLUDING surer’s Office, Dubuque County Courthouse, CERTAIN INFORMATION REQUIRED BY 720 Central Avenue, Dubuque, Iowa, and will THE CODE OF IOWA, SPECIFICALLY, THE draw annual interest at nine (9) percent NUMBER OF ANNUAL INSTALLMENTS (commencing on the date of acceptance of the INTO WHICH ASSESSMENTS ARE DI- work) computed to December 1 next following Regular Session, December 18, 2006 469 MENTS TO THE COUNTY TREASURER the due dates of the respective installments as AND TO PUBLISH NOTICE THEREOF provided in Section 384.65 of the Code of Iowa. Each installment will be delinquent from NOW, THEREFORE, BE IT RESOLVED October 1 following its due date on July 1 of BY THE CITY COUNCIL OF THE CITY OF each year. Property owners may elect to pay DUBUQUE, IOWA: any annual installments semiannually in That after full consideration of the Sche- advance. dule of Assessments attached hereto for which th Passed, approved and adopted this 18 Schedule of Assessments was filed in the th day of December, 2006. office of the city Clerk on the 14 day of Roy D. Buol, Mayor December, 2006, the said Schedule of As- Attest: Jeanne F. Schneider, CMC, City Clerk sessments be and the same is hereby ap- proved and adopted. Eagle Point Bluff Scaling and Tree Re-That there be, and is herby assessed and moval Project: City Manager submitting a levied as a special tax against and upon each response to Richard Vorwald’s concerns of the lots, the respective sums indicated. regarding the Eagle Point Bluff Scaling and That the City Clerk be and is hereby di- Tree Removal Project and recommending that rected to certify said schedule to the County the City proceed with the project. After discus-Treasurer of Dubuque County, Iowa, and to sion Michalski moved that the communication publish notice of said certification once each be received and filed and the recommendation week for two consecutive weeks in the manner be approved. Seconded by Braig. Motion provided in Iowa Code § 362.3, the first passed 7-0. publication of which shall be not more than fifteen days from the date of filing of the final Legislative Correspondence: Communica-schedule. On or before the date of the second tion to area legislators requesting their support publication of the notice, the City Clerk shall for continued funding of the Community also mail a copy of said notice to property Development Block Grant program, upon owners whose property is subject to assess- motion received and filed. Communication to ment, as provided and directed in Iowa Code § area legislators requesting their support in 384.60. restoring the funding cuts that the Clean Water The assessments may be paid in full or in State Revolving Loan Fund (SRF) has taken in part without interest at the office of the City th recent years, upon motion received and filed. Treasurer, City Hall, 50 W. 13 Street, Dubu- que, Iowa, at any time within 30 days after the Delinquent Refuse, Sewer and Stormwater date of the first publication of the notice of the Management Accounts: City Manager recom-filing of the Schedule of Assessments with the mending approval of the submission of the County Treasurer. After 30 days, unpaid delinquent refuse, sewer and stormwater assessments of $100.00 or more are payable management collection accounts to the in 10 annual installments at the County Trea- Dubuque County Treasurer in order to estab-surer’s Office, Dubuque County Courthouse, lish real property liens for collection of such 720 Central Avenue, Dubuque, Iowa, and will past due account. Upon motion received, filed, draw annual interest at nine (9) percent and Resolution No. 597-06 Adopting the (commencing on the date of acceptance of the Schedule of Assessments for delinquent work) computed to December 1 next following refuse, sewer and stormwater collection the due dates of the respective installments as accounts and specifying the number of annual provided in Section 384.65 of the Code of installments into which assessments are Iowa. Each installment will be delinquent from divided, the interest on all unpaid installments, October 1 following its due date on July 1 of the time when the assessments are payable each year. Property owners may elect to pay and directing the Clerk to certify the schedule any annual installments semiannually in of assessments to the County Treasurer and advance. th to publish notice thereof was adopted. Passed, approved and adopted this 18 day of December, 2006. RESOLUTION NO. 597-06 Roy D. Buol, Mayor ADOPTING THE SCHEDULE OF ASSESS- Attest: Jeanne F. Schneider, CMC, City Clerk MENTS FOR DELINQUENT REFUSE, SEW- ER AND STORMWATER COLLECTION Tax Increment Financing Report: City ACCOUNTS SPECIFYING THE NUMBER OF Manager submitting the 2006 Annual Tax ANNUAL INSTALLMENTS INTO WHICH Increment Financing Report, upon motion ASSESSMENTS ARE DIVIDED, THE INTER- received and filed. EST ON ALL UNPAID INSTALLMENTS, THE TIME WHEN THE ASSESSMENTS ARE Federal Priorities: City Manager recom- PAYABLE AND DIRECTING THE CLERK TO mending approval of the City of Dubuque CERTIFY THE SCHEDULE OF ASSESS- Priorities and Requests for Federal Appropria- 470 Regular Session, December 18, 2006 tions, upon motion received, filed, and recom-the matter of the Hy-Vee Stores, Inc., 2005 mendation approved. Property Tax Protest and City Attorney re- commending that the City receive and file the The Durrant Group, Inc.: City Manager re-Notice of Stipulation, upon motion received, commending approval of the submission of a filed, and approved. Community Economic Betterment Account (CEBA) program application to the Iowa PEG Access Capital Grant Expenditure: Department of Economic Development on City Manager recommending approval of the behalf of The Durrant Group, Inc. Upon motion recommendation from the Cable TV Telepro- received, filed, and Resolution No. 598-06 gramming Commission to approve four re- Authorizing the filing of an Iowa Department of quests for funding from the Capital Grant for Economic Development application for finan-Access Equipment and Facilities, upon motion cial assistance on behalf of Durrant Group, received, filed, and recommendation ap- Inc. was adopted. proved. RESOLUTION NO. 598-06 Green Communities Internship Opportuni- AUTHORIZING THE FILING OF AN IOWA ty: City Manager recommending approval of an DEPARTMENT OF ECONOMIC DEVELOP- application to the Iowa Department of Natural MENT APPLICATION FOR FINANCIAL Resources for the City to host a Pollution ASSISTANCE ON BEHALF OF DURRANT Prevention Intern Program (P2) intern to GROUP, INC. perform environmental assessments at City Whereas, Durrant Group, Inc. has pro-buildings and facilities, upon motion received, posed expanding its operations in the Port of filed, and recommendation approved. Dubuque in Dubuque, Iowa; and Whereas, the City Council of Dubuque, FCC Notice of Inquiry: City Manager re- Iowa has considered said proposal and has commending that the City join a coalition of determined that the proposed project will communities to prepare a stay motion and contribute to the local economy through the appeal before the FCC acts to adopt a rule creation of 10 new full-time jobs for area that will most likely have a very negative affect residents; and on the Dubuque Cable Franchise, upon motion Whereas, the Iowa Department of Eco-received, filed, and recommendation ap- nomic Development's financial assistance proved. programs are designed to assist in the eco- nomic development efforts of local jurisdic-Signed Contracts: Chaplain Schmitt Me- tions; and morial Project – Request for Additional Servic- Whereas, the City of Dubuque, Iowa is eli-es and Pyatigorsk Park Parking Lot Project gible to apply for funding from the state's Change Orders, upon motion received and financial assistance programs. filed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF Improvement Contracts / Performance, DUBUQUE, IOWA: Payment and Maintenance Bonds: US 20 Section 1. That the filing of an Iowa De-(Devon Drive to Menards) Capacity Improve- partment of Economic Development Applica-ments Project and University Avenue Em- tion for Financial Assistance on behalf of bankment Stabilization Project, upon motion Durrant Group, Inc. is hereby approved. received and filed. Section 2. That the local match identified in the application consisting of a 10-year TIF Business License Refund: Refund of the rebate is hereby approved, subject to the Iowa Beer and Liquor License for The Bar X, Inc., Department of Economic Development's upon motion received, filed, and refund ap- approval of the application. proved. Section 3. That the Mayor is hereby autho- rized to execute and the City Manager is Business Licenses: City Manager recom- hereby directed to submit said application to mending approval of annual liquor license the Iowa Department of Economic Develop-renewals as submitted, upon motion received ment together with such documents as may be and filed. Upon motion Resolution No. 599-06 required. Granting the issuance of one new permit to Passed, approved, and adopted this 18th sell cigarettes and cigarette papers within the day of December 2006. City to Sam’s Club #4973; Resolution No. 600- Roy D. Buol, Mayor 06 Granting the issuance of a Class “B” Beer Attest: Jeanne Schneider, City Clerk Permit to UAW Local #94 and one Class “C” Beer Permit to Hy-Vee #2; and Resolution No. Stipulation of Settlement Agreement: No-601-06 Granting the issuance of a Class “B” tice of Stipulation of Settlement Agreement in Liquor License to Julien Inn; Class “C” Regular Session, December 18, 2006 471 Beer/Liquor License to The Moracco, Inc.; That the Manager be authorized to cause Class “B” Wine Permit to Hy-Vee #2; and to be issued the following named applicants a Class “WBN” Wine Permit to Engraved Gift Liquor License. Collection was adopted. CLASS “B” LIQUOR LICENSE Design Center, Inc. Julien Inn+(Sunday RESOLUTION NO. 599-06 Sale)200 Main St NOW, THEREFORE, BE IT RESOLVED BY CLASS “C” BEER/LIQUOR LICENSE THE CITY COUNCIL OF THE CITY OF The Moracco, Inc., Moracco+(Sunday DUBUQUE, IOWA: Sale)1413 Rockdale Rd That the following having complied with the CLASS “B” WINE provisions of law relating to the sale of Ciga-Hy-Vee Inc., Hy-Vee # 2, 2395 NW Arterial rettes within the City of Dubuque, Iowa, be CLASS “WBN” WINE granted a permit to sell Cigarettes and Ciga-Woodline, Inc., Engraved Gift Collection, 962 rette Papers within said City. Main St NEW Passed, approved and adopted this 18th Sam’s Club # 4973, Sam’s West Inc., 4400 day of December, 2006. Asbury Roy D. Buol, Mayor Passed, approved and adopted this 18th Attest: Jeanne F. Schneider, CMC, City Clerk day of December, 2006. ITEMS TO BE SET FOR PUBLIC HEARING Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Motion by Cline to receive, file, adopt Res- RESOLUTION NO. 600-06 olutions, set public hearings as specified, and Whereas, applications for Beer Permits direct the City Clerk to publish notice in the have been submitted and filed to this Council manner prescribed by law. Seconded by for approval and the same have been ex-Lynch. Motion carried 7-0. amined and approved: and Whereas, the premises to be occupied by Request to Vacate – Unnamed Street Be- such applicants were inspected and found to tween 640 and 650 Kane Street: City Manager comply with the Ordinances of the City and recommending that a public hearing be set for have filed proper bonds. January 3, 2007 to consider a request from NOW, THEREFORE, BE IT RESOLVED Tim Schmit II to vacate and purchase an BY THE CITY COUNCIL OF THE CITY OF unnamed street between 640 and 650 Kane DUBUQUE, IOWA: Street. Upon motion received, filed, and That the Manager be authorized to cause Resolution No. 602-06 Resolution of intent to to be issued the following named applicants a vacate and dispose of an unnamed street Beer Permit. between 640 and 650 Kane Street in the City CLASS “B” BEER of Dubuque, Dubuque County, Iowa, was Intern’l UAW Local # 94, UAW Local # adopted setting a public hearing for January 3, 94+(Sunday Sale), 3450 Central Ave. 2007, at a meeting to commence at 6:30 PM in CLASS “C” BEER PERMIT the public library auditorium. Hy-Vee Inc., Hy-Vee #2+(Sunday Sale), 2395 RESOLUTION NO. 602-06 NW Arterial RESOLUTION OF INTENT TO VACATE AND Passed, approved and adopted this 18th DISPOSE OF AN UNNAMED STREET day of December, 2006. BETWEEN 640 AND 650 KANE STREET IN Roy D. Buol, Mayor THE CITY OF DUBUQUE, DUBUQUE Attest: Jeanne F. Schneider, CMC, City Clerk COUNTY, IOWA RESOLUTION NO. 601-06 Whereas, Tim Schmit II has requested the Whereas, applications for Liquor Licenses vacating and disposal of an unnamed street have been submitted to this Council for ap-between 640 and 650 Kane Street; and proval and the same have been examined and Whereas, Buesing & Associates, Inc., has approved; and prepared and submitted to the City Council a Whereas, the premises to be occupied by plat showing the vacated unnamed street such applicants were inspected and found to between 640 and 650 Kane Street and as- comply with the State Laws and all City signed lot numbers thereto, which hereinafter Ordinances relevant thereto and they have shall be known and described as Lots 4A, 4B filed proper bonds. and 4C of Kieffer Place in the City of Dubuque, NOW, THEREFORE, BE IT RESOLVED Dubuque County, Iowa, should be approved. BY THE CITY COUNCIL OF THE CITY OF NOW THEREFORE, BE IT RESOLVED BY DUBUQUE, IOWA: THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 472 Regular Session, December 18, 2006 Section 1. That the City of Dubuque in-Section 1. That the City of Dubuque in- tends to vacate and dispose of its interest in tends to dispose of its interest in Lot 22 of Lots 4A, 4B and 4C of Kieffer Place in the City “Glenview” a Subdivision in the City of Dubu- of Dubuque, Dubuque County, Iowa. que, Dubuque County, Iowa, to John C. and Section 2. That the conveyance of Lot 4A Margaret A. Hendry. of Kieffer Place in the City of Dubuque, Dubu-Section 2. That the City Clerk be and is que County, Iowa to Irene H. Schueller be hereby authorized and directed to cause a contingent upon the payment of $300, plus notice of intent to dispose of said real estate to surveying, platting, publication and filing fees. be published in the manner as prescribed by Section 3. That the conveyance of Lot 4B law. th of Kieffer Place in the City of Dubuque, Dubu-Passed, approved and adopted this 18 que County, Iowa to Timothy J. Schmit, II aka day of December, 2006. Timothy J. Schmit, Jr., be contingent upon the Roy D. Buol, Mayor payment of $300, plus surveying, platting, Attest: Jeanne F. Schneider, CMC, City publication and filing fees. Clerk Section 4. That the conveyance of Lot 4C of Kieffer Place in the City of Dubuque, Dubu-Eagle Point Rock Bluff Stabilization Project: que County, Iowa to Roger H. Lindecker be City Manager recommending initiation of the contingent upon the payment of $300, plus public bidding process for the Eagle Point surveying, platting, publication and filing fees. Rock Bluff Stabilization Project and that a Section 5. That the City Clerk be and is public hearing be set for February 5, 2007. hereby authorized and directed to cause a Upon motion received, filed, and Resolution notice of intent to vacate and dispose of said No. 604-06 Preliminary approval of plans and real estate to be published in the manner as specifications; Resolution No. 605-06 Setting prescribed by law. date of hearing on plans and specifications on th Passed, approved and adopted this 18 February 5, 2007, at a meeting to commence day of December, 2006. at 6:30 PM in the public library auditorium; and Roy D. Buol, Mayor Resolution No. 606-06 Ordering bids were Attest: Jeanne F. Schneider, CMC, City Clerk adopted. RESOLUTION NO. 604-06 Correction Quit Claim Deed: City Manager PRELIMINARY APPROVAL OF PLANS AND recommending approval of the Correction Quit SPECIFICATIONS Claim Deed for Lot 22 of “Glenview”, a Subdi- vision in the City of Dubuque and that a public NOW THEREFORE, BE IT RESOLVED hearing be set for January 3, 2007 to consider BY THE CITY COUNCIL OF THE CITY OF disposing of the property with the corrected DUBUQUE, IOWA: legal description, upon motion received and That the proposed plans, specifications, filed. Upon motion Resolution No. 603-06 form of contract and estimated cost for the Resolution of intent to dispose of City interest Eagle Point Bluff Scaling & Tree Removal in Lot 22 of “Glenview” a Subdivision in the Project in the estimated amount of $72,450.00 City of Dubuque, Dubuque County, Iowa, was are hereby approved and ordered filed in the adopted setting a public hearing for January 3, office of the City Clerk for public inspection. th 2007, at a meeting to commence at 6:30 PM in Passed, adopted and approved this 18 the public library auditorium. day of December, 2006. Roy D. Buol, Mayor RESOLUTION NO. 603-06 Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN LOT 22 OF “GLENVIEW” RESOLUTION NO. 605-06 A SUBDIVISION IN THE CITY OF DUBU-FIXING DATE OF HEARING ON PLANS AND QUE, DUBUQUE COUNTY, IOWA SPECIFICATIONS Whereas, Attorney Mark Willging, on be-Whereas, the City Council of the City of half of John C. and Margaret A. Hendry, has Dubuque, Iowa has given its preliminary requested a Correction Quit Claim Deed; and approval on the proposed plans, specifica- Whereas, Mark Willging has prepared and tions, and form of contract and placed same submitted to the City Council a Correction Quit on file in the office of the City Clerk for public Claim Deed showing the corrected legal inspection of the Eagle Point Bluff Scaling & description of a lot previously disposed of by Tree Removal Project. Resolution 81-00 on the 6th day of March, NOW THEREFORE, BE IT RESOLVED 2000. BY THE CITY COUNCIL OF THE CITY OF NOW THEREFORE, BE IT RESOLVED DUBUQUE, IOWA: th BY THE CITY COUNCIL OF THE CITY OF That a public hearing will be held on the 5 DUBUQUE, IOWA: day of February, 2007, at 6:30 PM in the Public Library Auditorium at which time inter- Regular Session, December 18, 2006 473 ested persons may appear and be heard for or Dubuque; and Resolution No. 608-06 Ac- against the proposed plans and specifications, knowledging a proposed plan for the Washing- form of contract and cost of said improvement, ton Neighborhood Urban Revitalization Area, and the City Clerk be and is hereby directed to setting a public hearing on February 5, 2007, cause a notice of time and place of such at a meeting to commence at 6:30 PM in the hearing to be published in a newspaper having public library auditorium were adopted. general circulation in the City of Dubuque, RESOLUTION NO. 607-06 Iowa, which notice shall be not less than four FINDING THAT THE REHABILITATION days nor more than twenty days prior to the AND CONSERVATION OF THE HEREINAF- day fixed for its consideration. At the hearing, TER DESCRIBED PROPERTIES, COMPRIS- any interested person may appear and file ING THE WASHINGTON NEIGHBORHOOD objections to the proposed plans, specifica- URBAN REVITALIZATION AREA IS NE- tions, contract, or estimated cost of the im- CESSARY IN THE INTERESTS OF THE provement. th PUBLIC HEALTH, SAFETY AND WELFARE Passed, adopted and approved this 18 OF THERESIDENTS OF THE CITY day of December, 2006. Roy D. Buol, Mayor Whereas, Chapter 404 of the Code of Iowa Attest: Jeanne F. Schneider, CMC, City allows cities to give property tax exemptions Clerk for properties on which improvements have been made in a designated revitalization area, RESOLUTION NO. 606-06 and further authorizes cities to issue revenue ORDERING BIDS bonds for revitalization in urban renewal areas; NOW THEREFORE, BE IT RESOLVED and BY THE COUNCIL OF THE CITY OF DUBU-Whereas, the Washington Neighborhood QUE, IOWA: Urban Revitalization Area as hereinafter That the Eagle Point Bluff Scaling & Tree described is an area containing a substantial Removal Project is hereby ordered to be number of deteriorated or deteriorating struc- advertised for bids for construction. tures, retarding the provision of housing BE IT FURTHER RESOLVED that the accommodations; and amount of the security to accompany each bid Whereas, said area has a predominance of shall be in an amount which shall conform to buildings and improvements which are signifi- the provisions of the Notice to Bidders hereby cant by reason of age, history and architec- approved as a part of the plans and specifica-ture, and should be preserved or restored to tions heretofore adopted. productive use. That the City Clerk is hereby directed to NOW, THEREFORE, BE IT RESOLVED advertise for bids for the construction of the BY THE CITY COUNCIL OF THE CITY OF improvements herein provided, to be published DUBUQUE, IOWA: in a newspaper having general circulation in Section 1. That the rehabilitation and con- the City of Dubuque, Iowa, which notice shall servation of the hereinafter described area is not be less than four days nor more than forty-hereby found to be necessary in the interests five days prior to the receipt of said bids at of the public health, safety and welfare of the th 2:00 PM on the 16 day of January, 2007. residents of the City, which area’s boundaries Bids shall be opened and read by the City are described as follows: Clerk at said time and will be submitted to the Beginning at the northeast corner of Kniest thnd Council for final action at 6:30 PM on the 5 Street and 22 Street, continue southeast on th day of February, 2007. Kniest Street until 20 Street (Garfield Ave- th Passed, adopted and approved this 18 nue), turn west until Elm Street, turn south on th day of December, 2006. Elm Street until 11 Street, turn west on 11th Roy D. Buol, Mayor Street until Central Avenue, turn north on th Attest: Jeanne F. Schneider, CMC, City Clerk Central until 14 Street, at which point turn west and run north behind the properties nd Washington Neighborhood Urban Revitali-facing Central Avenue to 22 Street, then nd zation Area Plan: City Manager recommending continue east on 22 Street to the starting that a public hearing be set for February 5, point, excluding the Manesseh House Urban 2007 to consider adoption of the Washington Revitalization District at 2080 Elm Street, Neighborhood Urban Revitalization Area Plan. legally described as Lot 1of Lot 2 of Lot 1 of Upon motion received, filed, and Resolution Lot 2 of Lot 2 of Lot 3 of Lot 10 and part of Lot No. 607-06 Finding that the rehabilitation and 1 of Lot 1 of Lot 2 of Lot 3 of Lot 10 in Kniest conservation of the hereinafter described Subdivision, all in the City of Dubuque, Iowa. properties, comprising the Washington Neigh-Section 2. That the above-described area borhood Urban Revitalization Area, is neces-meets the eligibility criteria of Chapter 404 of sary in the interests of the public health, safety the Code of Iowa currently in effect. and welfare of the residents of the City of 474 Regular Session, December 18, 2006 th PUBLIC HEARINGS Passed, approved and adopted this 18 day of December, . Upon motion the rules were suspended to Roy D. Buol, Mayor allow anyone present to address the Council. Attest: Jeanne F. Schneider, City Clerk Herrig Voluntary Annexation: Proof of pub- RESOLUTION NO. 608-06 lication on notice of hearing to consider A RESOLUTION ACKNOWLEDGING A approval of the voluntary annexation request PROPOSED PLAN FOR THE WASHINGTON and annexation agreement of John and Sally NEIGHBORHOOD URBAN REVITALIZA- Jo Herrig and City Manager recommending TION AREA, AND PROVIDING FOR A approval, upon motion received and filed. PUBLIC HEARING Motion by Cline to receive, file, and adopt Whereas, Resolution No. 607-06 has set Resolution No. 609-06 Approving application forth a finding that the Washington Neighbor-for voluntary annexation of territory owned by hood Urban Revitalization Area meets the John W. and Sally Jo Herrig. Seconded by eligibility criteria of §404.1 of the Code of Iowa, Connors. Motion carried 7-0. and that the rehabilitation of the said Area is in RESOLUTION NO. 609-06 the interests of the public health, safety and RESOLUTION APPROVING APPLICATION welfare of the residents of the City; and FOR VOLUNTARY ANNEXATION OF TER- Whereas, Chapter 404 of the Code of Iowa RITORY OWNED BY JOHN W. AND SALLY provides that a public hearing shall be held on JO HERRIG a proposed plan for the revitalization area. NOW, THEREFORE, BE IT RESOLVED Whereas, John W. and Sally Jo Herrig, as BY THE CITY COUNCIL OF THE CITY OF property owners have submitted a written DUBUQUE, IOWA: application for voluntary annexation of approx- Section 1. That the Proposed Urban Revi-imately 112.10 acres of territory lying outside talization Plan for the Washington Neighbor-the corporate limits of the City of Dubuque, hood Area be made a matter of record and Iowa, as shown in Exhibit A and legally de- shall be available for public inspection in the scribed as: Office of the City Clerk at City Hall, 50 West Lot 1 of Lot 2 of the SW ¼ of the SE ¼ of thth 13 Street, Dubuque, Iowa; Section 8, T89N, R2E of the 5 PM in Section 2. That the City Clerk is authorized Dubuque County, Iowa (parcel ID # and directed to submit the Washington Neigh-1008451003) borhood Urban Revitalization Area Plan to the Lot 1 of Butler’s Hill Second Addition, th City’s Long Range Planning Advisory Com-T89N, R2E of the 5 PM in Dubuque mission for review and comment; County, Iowa (parcel ID # 1008376003); Section 3. That the City Clerk is directed to Lot 3 of Butler’s Hill Second Addition, th publish notice of a public hearing on the T89N, R2E of the 5 PM in Dubuque Washington Neighborhood Urban Revitaliza-County, Iowa (parcel ID # 1008451004); tion Area Plan to be held on February 5, 2007 Lot 2 of the N ½ of the SW ¼ of Section 8, th at 6:30 PM in the Carnegie Stout Library T89N, R2E of the 5 PM in Dubuque th Auditorium, 360 West 11 Street, Dubuque, County, Iowa (parcel ID # 1008328003); Iowa 52001; and and Section 4. That all interested parties will be SW ¼ of the SW ¼ of Section 8, T89N, thth notified as required by law by the 30 day prior R2E of the 5 PM in Dubuque County, to the public hearing. Iowa (parcel ID # 1008351001); th Passed, approved and adopted this 18 Whereas, the annexation territory is not day of December, 2006. subject to an existing annexation moratorium; Roy D. Buol, Mayor and Attest: Jeanne F. Schneider, City Clerk Whereas, the annexation territory does not include any state or railroad property; and BOARDS/COMMISSIONS Whereas, the annexation territory includes Appointments to the following Commission: 0.647 of adjacent County road right-of-way to Human Rights Commission (Three 3-year the centerline of Derby grange Road; and Code of Iowa terms through January 1, 2010 – Terms of Whereas, Chapter 368 of the Giesen, Jackson and Jarrard). Applicants: authorizes the extension of City limits in Mary Coan, Shane Oswald, Gretel Winter-situations of this character by adoption of a wood. Motion by Michalski that Mary Coan, resolution and notification as required by State Shane Oswald, and Gretel Winterwood be regulations; and appointed to the Human Rights Commission Whereas, this request has been found to for three year terms which will expire January be consistent with the Comprehensive Plan 1, 2010. Seconded by Cline. Motion passed 7-and the Proposed Land Use Map of the 0. Comprehensive Plan; and Regular Session, December 18, 2006 475 Whereas, the future growth and develop-(Northwest Arterial) and Chavenelle Road and ment of the City of Dubuque, Iowa makes it by repealing Ordinance 34-06, upon motion desirable that said territory be made part of the received and filed and accepted the request City of Dubuque, Iowa. for withdrawal. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 1331 Rockdale Road – Request to Re- DUBUQUE, IOWA: zone: Proof of publication on notice of hearing Section 1. That the corporate limits of Du-to consider rezoning property located at 1331 buque, Iowa be and they are hereby extended Rockdale Road from R-2 Two-Family Residen- to include the territory as legally described tial District to R-1 Single-Family Residential above and as shown in Exhibit A. District as requested by David Hartig/Gary Section 2. The territory hereby annexed Heiar and Zoning Advisory Commission thnd shall become part of the 11 Precinct of the 2 recommending approval, upon motion re- Ward of the City of Dubuque, Iowa. ceived and filed. Ordinance No. 77-06 Amend- Section 3. The City shall provide for the ing Appendix A (the Zoning Ordinance) of the transition for the imposition of City taxes City of Dubuque Code of Ordinances by against property owner’s property, as provided reclassifying hereinafter described property Code of Iowa by Chapter 368 of the . That located at 1331 Rockdale Road Street from R- property owner’s property shall be entitled to 2 Two-Family Residential District to R-1 the following partial exemption from taxation Single-Family Residential District, presented for City taxes for a period of five years: and read. Connors moved that the requirement a. For the first year, seventy-five per-that a proposed Ordinance be considered and cent (75%). voted on for passage at two Council Meetings b. For the second year, sixty percent prior to the meeting at which it is to be finally (60%). passed be suspended. Seconded by Lynch. c. For the third year, forty-five percent Motion carried 7-0. Connors moved final (45%). consideration and passage of the Ordinance. d. For the fourth year, thirty percent Seconded by Braig. Motion carried 7-0. (30%). OFFICIAL PUBLICATION e. For the fifth year, fifteen percent ORDINANCE NO. 77-06 (15%). AMENDING APPENDIX A (THE ZONING The five-year period shall begin when the ORDINANCE) OF THE CITY OF DUBUQUE Property is placed on City tax rolls by Dubuque CODE OF ORDINANCES BY RECLASSIFY- County. Lots sold after that date shall receive ING HEREINAFTER DESCRIBED PROPER- the partial exemption percentage only for the TY LOCATED AT 1331 ROCKDALE ROAD remaining years of the five-year period. STREET FROM R-2 TWO-FAMILY RESI- Section 4. That the City Clerk shall file this DENTIAL DISTRICT TO R-1 SINGLE- resolution, all exhibits and the petition for FAMILY RESIDENTIAL DISTRICT voluntary annexation with the State of Iowa in NOW, THEREFORE, BE IT ORDAINED BY accordance with State Regulations. th THE CITY COUNCIL OF THE CITY OF Passed, approved and adopted this 18 DUBUQUE, IOWA: day of December, 2006. Roy D. Buol, Mayor Section 1. That Appendix A (The Zoning Attest: Jeanne F. Schneider, City Clerk Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassify- Dubuque Industrial Center Planned Dis-ing the hereinafter-described property from R- trict: Communication from Jennifer A. Cle-2 Two-Family Residential District to R-1 mens-Conlon, representing Dubuque Initia-Single-Family Residential District, to wit: Lot 2 tives, withdrawing the requested PUD Heiar Place, and to the centerline of the amendment in the Dubuque Industrial Center adjoining public right-of-way, all in the City of Planned District; Proof of publication on notice Dubuque, Iowa. of hearing to consider a request from Dubuque Section 2. The foregoing amendment has Initiatives, Horsfield Company/Aaron DeJong, heretofore been reviewed by the Zoning Economic Development Department to amend Advisory Commission of the City of Dubuque, the Dubuque Industrial Center Planned District Iowa. to add landscaping requirements and Zoning Section 3. This ordinance shall take effect Advisory Commission recommending denial, immediately upon publication, as provided by and an Ordinance Amending Appendix A (the law. th Zoning Ordinance) of the City of Dubuque Passed, approved and adopted this 18 Code of Ordinances by adopting a revised day of December, 2006. Planned Unit Development Ordinance for the /s/Roy D. Buol, Mayor: Dubuque Industrial Center Phases I and II Attest: /s/Jeanne F. Schneider, CMC, City located at the southwest corner of Highway 32 Clerk 476 Regular Session, December 18, 2006 OFFICIAL PUBLICATION Published officially in the Telegraph Herald th ORDINANCE NO. 78-06 Newspaper the 27 day of December, 2006. AN ORDINANCE AMENDING APPENDIX A /s/Jeanne F. Schneider, CMC, City Clerk (THE ZONING ORDINANCE) OF THE CITY 1t 12/27 OF DUBUQUE CODE OF ORDINANCES BY ADDING CHILD CARE AS AN ACCESSORY Child Care Resource and Referral – Re- USE IN THE R-1 SINGLE-FAMILY, R-2 TWO- quest for Text Amendment: Proof of publica- FAMILY, R-2A ALTERNATE TWO-FAMILY, tion on notice of hearing to consider amending R-3 MODERATE DENSITY MULTI-FAMILY, the Zoning Ordinance regulations regarding R-4 MULTI-FAMILY AND OR OFFICE RESI- daycare to be consistent with State of Iowa DENTIAL DISTRICTS. regulations as requested by Cherie Kenne- dy/Child Care Resource and Referral and NOW, THEREFORE, BE IT ORDAINED Zoning Advisory Commission recommending BY THE CITY COUNCIL OF THE CITY OF approval, upon motion received and filed. DUBUQUE, IOWA: Cherie Kennedy, Child Care Resource and Section 1. That Sections 3-1.1(c), 3-1.2(c), referral, spoke in support of the proposed 3-1.3(c), 3-1.4(c), 3-1.5(c) and 3-2.1(c) of the ordinances and explained the State regula-Code of Ordinances are hereby amended by tions. Ordinance No. 78-06 Amending Appen-adding Child Care as an accessory use in the dix A (the Zoning Ordinance) of the City of R-1, R-2, R-2A, R-3, R-4 and OR Districts as Dubuque Code of Ordinances by adding child follows: care as an accessory use in the R-1 Single-Sections 3-1.1(c), 3-1.2(c), 3-1.3(c), 3- Family, R-2 Two-Family, R-2A Alternate Two-1.4(c), 3-1.5(c) and 3-2.1(c) Family, R-3 Moderate Density Multi-Family, R-(C) Accessory Uses: The following 4 Multi-Family and OR Office Residential uses shall be permitted as accessory uses Districts; Ordinance No. 79-06 Amending as provided in Section 4 of this Ordinance: Appendix A (the Zoning Ordinance) of the City (1) Attached garages. of Dubuque Code of Ordinances Section 4-7.2, (2) Detached garages. Permitted Home Occupations, deleting day (3) Noncommercial greenhouses. care home as a permitted home occupation; (4) Solar collectors. Ordinance No. 80-06 Amending Appendix A (5) Wind generators. (the Zoning Ordinance) of the City of Dubuque (6) Satellite receiving dishes. Code of Ordinances by adding a new definition (7) Storage buildings. to Section 8 to define child care and licensed (8) Readily movable sports, child care centers and delete the definition for recreation or outdoor cooking day care home and group day care centers; equipment. and Ordinance No. 81-06 Amending Appendix (9) Tennis courts, swimming pools A (the Zoning Ordinance) of the City of Dubu-and similar permanent facilities. que Code of Ordinances by amending Group (10) Home occupations. Day Care to Licensed Child Care Center, and (11) Noncommercial gardens and amending the floor area requirements to reflect nurseries. State of Iowa regulations in the R-1 Single-(12) Off-street parking and storage of Family, R-2 Two Family, R-2A Alternate Two-vehicles. Family, R-3 Moderate Density Multi-Family, R-(13) Fences. 4 Multi-Family, OR Office Residential, OS (14) Garage sales or rummages Office Service, OC Office Commercial, C-2 sales provided that not more Neighborhood Shopping Center, C-3 General than three (3) such sales shall Commercial, C-4 Downtown Commercial, C-5 be allowed per premises per ca- Central Business, LI Light Industrial, MHI lendar year and not more than Modified Heavy Industrial, and HI Heavy three Industrial Districts, presented and read. (15) Child Care Connors moved that the requirement that the Section 2. The foregoing amendment has proposed Ordinances be considered and voted heretofore been reviewed by the Zoning on for passage at two Council Meetings prior Advisory Commission of the City of Dubuque, to the meeting at which they are to be finally Iowa. passed be suspended. Seconded by Braig. Section 3. This ordinance shall take effect Motion carried 7-0. Connors moved final immediately upon publication, as provided by consideration and passages of the Ordin-law. th ances. Seconded by Michalski. Motion carried Passed, approved and adopted this 18 7-0. day of December, 2006. /s/Roy D. Buol, Mayor: Attest: /s/Jeanne F. Schneider, CMC, City Clerk Regular Session, December 18, 2006 477 OFFICIAL PUBLICATION Published officially in the Telegraph Herald th ORDINANCE NO. 80-06 Newspaper the 27 day of December, 2006. AMENDING APPENDIX A (THE ZONING /s/Jeanne F. Schneider, CMC, City Clerk ORDINANCE) OF THE CITY OF DUBUQUE OFFICIAL PUBLICATION CODE OF ORDINANCES BY ADDING A ORDINANCE NO. 79-06 NEW DEFINITION TO SECTION 8 TO DE- AN ORDINANCE AMENDING APPENDIX A FINE CHILD CARE AND LICENSED CHILD (THE ZONING ORDINANCE) OF THE CITY CARE CENTERS AND DELETE THE DEFI- OF DUBUQUE CODE OF ORDINANCES NITION FOR DAY CARE HOME AND SECTION 4-7.2, PERMITTED HOME OCCU-GROUP DAY CARE CENTER. PATIONS, DELETING DAY CARE HOME AS NOW, THEREFORE, BE IT ORDAINED A PERMITTED HOME OCCUPATION. BY THE CITY COUNCIL OF THE CITY OF NOW, THEREFORE, BE IT ORDAINED DUBUQUE, IOWA: BY THE CITY COUNCIL OF THE CITY OF Section 1. That Appendix A (The Zoning DUBUQUE, IOWA: Ordinance) of the City of Dubuque Code of Section 1. That Appendix A (The Zoning Ordinances is hereby amended by adding new Ordinance) of the City of Dubuque Code of definitions to Section 8 as follows: Ordinances is hereby amended by deleting Child Care: The care or supervision day care home as a permitted home occupa-of a child by a person other than the tion from Section 4-7.2 as shown below: child’s parent/guardian or custodian for 4-7.2 Permitted Home Occupations: periods of less than 24 hours per day The following are permitted home occupa-per child on a regular basis. Child Care tions: does not include a Licensed Child Care (a) Dressmaking, sewing and tailoring. Center. (b) Painting, sculpturing and writing. Licensed Child Care Center: A facility (c) Telephone answering. providing child care or preschool servic- (d) Home crafts. es for children that requires State of Iowa (e) Tutoring limited to four (4) persons at licensure. one time. Section 2. Appendix A of the Zoning Or- (f) Home cooking and preserving. dinance of the City of Dubuque Code of (g) Computer programming. Ordinances is herby amended by deleting the (h) Art studio. following definitions from Section 8: (i) Reserved for future use. Day care home: A residential ac- (j) Teaching limited to four (4) persons cessory use providing temporary sup- at one time. plemental parental care for children (k) Cake decorating. where such care is provided within a (l) Income tax preparation. dwelling unit by the permanent resident (m) Mailing services. thereof, for no more than eleven (11) (n) Insurance sales persons. children and defined by chapter 237A (o) Ceramics. of the Code of Iowa. This number shall (p) Typist/stenographer. include the provider’s own children who (q) Film processing. are not regularly in school full days. (r) Home products distributors. Group day care center: An estab- (s) Consultant services. lishment regularly providing temporary Section 2. The foregoing amendment has supplemental parental care or educa- heretofore been reviewed by the Zoning tional instruction for more than eleven Advisory Commission of the City of Dubuque, (11) children, or as defined by chapter Iowa. 237A of the Code of Iowa. Section 3. This ordinance shall take effect Section 3. That the foregoing has hereto- immediately upon publication, as provided by fore been reviewed by the Zoning Advisory law. Commission of the City of Dubuque, Iowa. th Passed, approved and adopted this 18 Section 4. This ordinance shall take effect day of December, 2006. immediately upon publication. th /s/Roy D. Buol, Mayor: Passed, approved and adopted this 18 Attest: /s/Jeanne F. Schneider, CMC, City day of December, 2006. Clerk /s/Roy D. Buol, Mayor Published officially in the Telegraph Herald Attest: /s/Jeanne F. Schneider, CMC, City th Newspaper the 27 day of December, 2006. Clerk /s/Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald th 1t 12/27 Newspaper the 27 day of December, 2006. /s/Jeanne F. Schneider, CMC, City Clerk 1t 12/27 478 Regular Session, December 18, 2006 OFFICIAL PUBLICATION (c) Such facility shall supply load- ORDINANCE NO. 81-06 ing and unloading of children AN ORDINANCE AMENDING APPENDIX A so as not to obstruct public (THE ZONING ORDINANCE) OF THE CITY streets, or create traffic or OF DUBUQUE CODE OF ORDINANCES BY safety hazards; AMENDING GROUP DAY CARE TO LI- (d) All licenses have been issued CENSED CHILD CARE CENTER, AND or have been applied for await- AMENDING THE FLOOR AREA REQUIRE- ing the outcome of the board’s MENTS TO REFLECT STATE OF IOWA decision; and REGULATIONS IN THE R-1 SINGLE- (e) Signage shall be limited to one FAMILY, R-2 TWO FAMILY, R-2A ALTER- non-illuminated, wall-mounted NATE TWO-FAMILY, R-3 MODERATE sign not to exceed four (4) DENSITY MULTI-FAMILY, R-4 MULTI- square feet in area. FAMILY, OR OFFICE RESIDENTIAL, OS Section 3. That Appendix A of the Zoning OFFICE SERVICE, OC OFFICE COMMER- Ordinance of the City of Dubuque Code of CIAL, C-2 NEIGHBORHOOD SHOPPING Ordinances is hereby amended by repealing CENTER, C-3 GENERAL COMMERCIAL, C-4 Section 3-1.3(D)(4) and adopting the following DOWNTOWN COMMERCIAL, C-5 CENTRAL new Section 3-1.3(D)(4) for the R-2A Alternate BUSINESS, LI LIGHT INDUSTRIAL, MHI Two-Family Residential District. MODIFIED HEAVY INDUSTRIAL, AND HI (D) Conditional Uses: HEAVY INDUSTRIAL DISTRICTS. (4) Licensed child care centerpro- NOW, THEREFORE, BE IT ORDAINED BY vided that: THE CITY COUNCIL OF THE CITY OF (a) All applicable state require- DUBUQUE, IOWA: ments have been met; Section 1. That Appendix A (The Zoning (b) The parking group require- Ordinance) of the City of Dubuque Code of ments can be met – [8] Ordinances is hereby amended by repealing (c) Such facility shall supply load- Section 3-1.1(D)(2) and adopting the following ing and unloading of children new Section 3-1.1(D)(2) for the R-1 Single-so as not to obstruct public Family Residential District: streets, or create traffic or (D) Conditional Uses: safety hazards; (2) Licensed child care centerpro-(d) All licenses have been issued vided that: or have been applied for await- (a) All applicable state require-ing the outcome of the board’s ments have been met; decision; and (b) The parking group require-(e) Signage shall be limited to one ments can be met – [8]; non-illuminated, wall-mounted (c) Such facility shall supply load-sign not to exceed four (4) ing and unloading of children square feet in area. so as not to obstruct public Section 4. That Appendix A of the Zoning streets, or create traffic or Ordinance of the City of Dubuque Code of safety hazards; Ordinances is hereby amended by repealing (d) All licenses have been issued Section 3-1.4(D)(5) and adopting the following or have been applied for await-new Section 3-1.4(D)(5) for the R-3 Moderate ing the outcome of the board’s Density Multi-Family Residential District. decision; and (D) Conditional Uses: (e) Signage shall be limited to one (5) Licensed child care centerpro- non-illuminated, wall-mounted vided that: sign not to exceed four (4) (a) All applicable state require- square feet in area. ments have been met; Section 2. That Appendix A of the Zoning (b) The parking group require- Ordinance of the City of Dubuque Code of ments can be met – [8] Ordinances is hereby amended by repealing (c) Such facility shall supply load- Section 3-1.2(D)(3) and adopting the following ing and unloading of children new Section 3-1.2(D)(3) for the R-2 Two-so as not to obstruct public Family Residential District. streets, or create traffic or (D) Conditional Uses: safety hazards; (3) Licensed child care centerprovided (d) All licenses have been issued that: or have been applied for await- (a) All applicable state require-ing the outcome of the board’s ments have been met; decision; and (b) The parking group require-(e) Signage shall be limited to one ments can be met – [8] non-illuminated, wall-mounted Regular Session, December 18, 2006 479 sign not to exceed four (4) (D) Conditional Uses: square feet in area. (2) Licensed child care centerpro- Section 5. That Appendix A of the vided that: Zoning Ordinance of the City (a) All applicable state require- of Dubuque Code of Ordin-ments have been met; ances is hereby amended by (b) The parking group require- repealing Section 3-1.5(D)(4) ments can be met – [8] and adopting the following new (c) Such facility shall supply load- Section 3-1.5(D)(4) for the R-4 ing and unloading of children Multi-Family Residential Dis-so as not to obstruct public trict. streets, or create traffic or (D) Conditional Uses: safety hazards; (4) Licensed child care center(d) All licenses have been issued provided that: or have been applied for await- (a) All applicable state require-ing the outcome of the board’s ments have been met; decision; and (b) The parking group require-(e) Signage shall be limited to one ments can be met – [8] non-illuminated, wall-mounted (c) Such facility shall supply load-sign not to exceed four (4) ing and unloading of children square feet in area. so as not to obstruct public Section 8. That Appendix A of the Zoning streets, or create traffic or Ordinance of the City of Dubuque Code of safety hazards; Ordinances is hereby amended by repealing (d) All licenses have been issued Section 3-2.3(D)(4) and adopting the following or have been applied for await-new Section 3-2.3(D)(4) for the Office Com- ing the outcome of the board’s mercial District. decision; and (D) Conditional Uses: (e) Signage shall be limited to one (4) Licensed child care centerpro- non-illuminated, wall-mounted vided that: sign not to exceed four (4) (a) All applicable state require- square feet in area. ments have been met; Section 6. That Appendix A of the Zoning (b) The parking group require- Ordinance of the City of Dubuque Code of ments can be met – [8] Ordinances is hereby amended by repealing (c) Such facility shall supply load- Section 3-2.1(D)(4) and adopting the following ing and unloading of children new Section 3-2.1(D)(4) for the Office Resi-so as not to obstruct public dential District. streets, or create traffic or (D) Conditional Uses: safety hazards; (4) Licensed child care centerpro-(d) All licenses have been issued vided that: or have been applied for await- (a) All applicable state require-ing the outcome of the board’s ments have been met; decision; and (b) The parking group require-(e) Signage shall be limited to one ments can be met – [8] non-illuminated, wall-mounted (c) Such facility shall supply load-sign not to exceed four (4) ing and unloading of children square feet in area. so as not to obstruct public Section 9. That Appendix A of the streets, or create traffic or Zoning Ordinance of the City safety hazards; of Dubuque Code of Ordin- (d) All licenses have been issued ances is hereby amended by or have been applied for await-repealing Section 3-3.2(D)(7) ing the outcome of the board’s and adopting the following new decision; and Section 3-3.2(D)(7) for the C-2 (e) Signage shall be limited to one Neighborhood Shopping Cen- non-illuminated, wall-mounted ter District. sign not to exceed four (4) (D) Conditional Uses: square feet in area. (7) Licensed child care center Section 7. That Appendix A of the Zoning provided that: Ordinance of the City of Dubuque Code of (a) All applicable state require- Ordinances is hereby amended by repealing ments have been met; Section 3-2.2(D)(2) and adopting the following (b) The parking group require- new Section 3-2.2(D)(2) for the Office Service ments can be met – [8] District. 480 Regular Session, December 18, 2006 (c) Such facility shall supply load-(c) All licenses have been issued ing and unloading of children or have been applied for await- so as not to obstruct public ing the outcome of the Board’s streets, or create traffic or decision; safety hazards; (d) No group day-care center may (d) All licenses have been issued be located within the same or have been applied for await-structure as any gas station, ing the outcome of the board’s bar/tavern, automated gas sta- decision; and tion or any facility selling, ser- (e) Signage shall be limited to one vicing, repairing or renting ve- non-illuminated, wall-mounted hicles; sign not to exceed four (4) (e) The parking group require- square feet in area. ments can be met – [8]; and Section 10. That Appendix A of the Zoning (f) Signage for a single-family Ordinance of the City of Dubuque Code of home location shall be limited Ordinances is hereby amended by repealing to one non-illuminated, wall- Section 3-3.3(D)(2) and adopting the following mounted sign not to exceed new Section 3-3.3(D)(2) for the C-3 General four (4) square feet in area. Commercial District. Section 12. That Appendix A of the Zoning (D) Conditional Uses: Ordinance of the City of Dubuque Code of (2) Licensed child care centerpro-Ordinances is hereby amended by repealing vided that: Section 3-3.5(D)(1) and adopting the following (a) All applicable state require-new Section 3-3.5(D)(1) for the C-5 Central ments have been met; Business District. (b) Such facility shall provide for (D) Conditional Uses: the loading and unloading of (1) Licensed child care centerpro- children so as not to obstruct vided that: public streets or create traffic (a) All applicable state require- or safety hazards; ments have been met; (c) All licenses have been issued (b) Such facility shall provide for or have been applied for await-the loading and unloading of ing the outcome of the Board’s children so as not to obstruct decision; public streets or create traffic (d) No group day-care center may or safety hazards; be located within the same (c) All licenses have been issued structure as any gas station, or have been applied for await- bar/tavern, automated gas sta-ing the outcome of the Board’s tion or any facility selling, ser-decision; vicing, repairing or renting ve-(d) No group day-care center may hicles; be located within the same (e) The parking group require-structure as any gas station, ments can be met – [8]; and bar/tavern, automated gas sta- (f) Signage for a single-family tion or any facility selling, ser- home location shall be limited vicing, repairing or renting ve- to one non-illuminated, wall-hicles; mounted sign not to exceed (e) Signage for a single-family four (4) square feet in area. home location shall be limited Section 11. That Appendix A of the Zoning to one non-illuminated, wall- Ordinance of the City of Dubuque Code of mounted sign not to exceed Ordinances is hereby amended by repealing four (4) square feet in area;. Section 3-3.4(D)(12) and adopting the follow-and ing new Section 3-3.4(D)(12) for the C-4 (f) The parking group require- Downtown Commercial District. ments can be met – [8]. (D) Conditional Uses: Section 13. That Appendix A of the Zoning (12) Licensed child care centerpro-Ordinance of the City of Dubuque Code of vided that: Ordinances is hereby amended by repealing (a) All applicable state require-Section 3-4.1(D)(1) and adopting the following ments have been met; new Section 3-4.1(D)(1) for the LI Light Indus- (b) Such facility shall provide for trial District. the loading and unloading of (D) Conditional Uses: children so as not to obstruct (1) Licensed child care centerpro- public streets or create traffic vided that: or safety hazards; Regular Session, December 18, 2006 481 (a) All applicable state require-Section 14. That Appendix A of the Zoning ments have been met; Ordinance of the City of Dubuque Code of (b) Such facility shall provide for Ordinances is hereby amended by repealing the loading and unloading of Section 3-4.2(D)(2) and adopting the following children so as not to obstruct new Section 3-4.2(D)(2) for the HI Heavy public streets or create traffic Industrial District. or safety hazards; (D) Conditional Uses: (c) All licenses have been issued (2) Licensed child care centerprovided or have been applied for await-that: ing the outcome of the Board’s (a) All applicable state requirements decision; have been met; (d) No group day-care center may (b) Such facility shall provide for the be located within the same loading and unloading of child- structure as any gas station, ren so as not to obstruct public bar/tavern, automated gas sta-streets or create traffic or safety tion or any facility selling, ser-hazards; vicing, repairing or renting ve-(c) All licenses have been issued or hicles; have been applied for awaiting (e) The parking group require-the outcome of the Board’s deci- ments can be met – [8]; sion; (f) The conditional use applicant (d) No group day-care center may certifies that the premises on be located within the same which the group day care cen-structure as any gas station, ter will be located complies bar/tavern, automated gas sta- with, and will for so long as the tion or any facility selling, servic- group day care center is so lo-ing, repairing or renting vehicles; cated, continue to comply with (e) The parking group requirements all local, state and federal reg-can be met – [8]; ulations governing hazardous (f) The conditional use applicant substances, hazardous condi-certifies that the premises on tions, hazardous wastes, and which the group day care center hazardous materials, including will be located complies with, but not limited to Iowa Code and will for so long as the group Chapter 455B (1991); 42 USC day care center is so located, section 9601 of the Federal continue to comply with all local, Comprehensive Environmental state and federal regulations go- Response Compensation and verning hazardous substances, Liability Act; 40 CFR section hazardous conditions, hazard- 302.4; and section 302 of the ous wastes, and hazardous ma- Superfund Amendments and terials, including but not limited Reauthorization Act of 1986; to Iowa Code Chapter 455B (g) If the applicant is subject to the (1991); 42 U. S. C. section 9601 requirements of section 302 of of the Federal Comprehensive the Superfund Amendments Environmental Response Com- and Reauthorization Act of pensation and Liability Act; 40 C. 1986, the Emergency Man-F. R. section 302.4; and section agement Director shall certify 302.4, and section 302 of the whether or not the applicant Superfund Amendments and has submitted a current inven-Reauthorization Act of 1986; and tory of extremely hazardous (g) If the applicant is subject to the substances kept or stored on requirements of section 302 of the premises. If any such ex-the Superfund Amendments and tremely hazardous substances Reauthorization Act of 1986, the are kept or stored on the pre-Emergency Management Direc- mises, the applicant shall also tor shall certify whether or not post in a conspicuous place on the applicant has submitted a the premises a notice indicat-current inventory of extremely ing a description of the ex-hazardous substances kept or tremely hazardous sub-stored on the premises. If any stances, and the physical and such extremely hazardous sub- health hazards presented by stances are kept or stored on such substances. the premises, the applicant shall also post in a conspicuous place 482 Regular Session, December 18, 2006 on the premises a notice indicat-cant shall also post in a conspi- ing a description of the extreme-cuous place on the premises a no- ly hazardous substances, and tice indicating a description of the the physical and health hazards extremely hazardous substances, presented by such substances. and the physical and health ha- Section 15. That Appendix A of the Zoning zards presented by such sub- Ordinance of the City of Dubuque Code of stances. Ordinances is hereby amended by repealing Section 16. The foregoing amendment has Section 3-4.4(D)(1) and adopting the following heretofore been reviewed by the Zoning new Section 3-4.4(D)(1) for the MHI Modified Advisory Commission of the City of Dubuque, Heavy Industrial District. Iowa. (D) Conditional Uses: Section 17. This ordinance shall take effect (1) Licensed child care centerprovided immediately upon publication, as provided by that: law. th (a) All applicable state requirements Passed, approved and adopted this 18 have been met; day of December, 2006. (b) Such facility shall provide for the /s/Roy D. Buol, Mayor: loading and unloading of children Attest: /s/Jeanne F. Schneider, CMC, City so as not to obstruct public streets Clerk or create traffic or safety hazards; Published officially in the Telegraph Herald th (c) All licenses have been issued or Newspaper the 27 day of December, 2006. have been applied for awaiting the /s/Jeanne F. Schneider, CMC, City Clerk outcome of the Board’s decision; 1t 12/27 (d) No group day-care center may be Code of Ordinances: Proof of publication located within the same structure on notice of hearing to consider adoption of a as any gas station, bar/tavern, au-revised Code of Ordinances and City Manager tomated gas station or any facility recommending approval upon completion of a selling, servicing, repairing or rent-thirty day review period. Michalski moved to ing vehicles; receive, file, and approve recommendation. (e) The parking group requirements Seconded by Connors. Motion carried 7-0. can be met – [8]; (f) The conditional use applicant certi-Upon motion the rules were reinstated li- fies that the premises on which the miting discussion to the Council. group day care center will be lo- ACTION ITEMS cated complies with, and will for so long as the group day care center is so located, continue to comply Dubuque County Historical Society: City with all local, state and federal Manager recommending approval to open regulations governing hazardous negotiations with the Dubuque County Histori- substances, hazardous conditions, cal Society to commit to building a 750-car hazardous wastes, and hazardous parking ramp in the Port of Dubuque by 2010 materials, including but not limited and space for the building of a large format to Iowa Code Chapter 455B theater and to send a letter to the Vision Iowa (1991); 42 U. S. C. section 9601 of Board. Motion by Cline to receive, file and the Federal Comprehensive Envi-approve recommendation. Seconded by ronmental Response Compensa-Jones. Motion carried 7-0. tion and Liability Act; 40 C. F. R. section 302.4; and section 302.4, Public Nuisance Tax Sales: City Manager and section 302 of the Superfund recommending approval to request the Dubu- Amendments and Reauthorization que County Board of Supervisors adopt an Act of 1986; and ordinance authorizing the County Treasurer to (g) If the applicant is subject to the re-sell at annual tax sale delinquent taxes on quirements of section 302 of the parcels that are abandoned property and that Superfund Amendments and are or may become a public nuisance. Motion Reauthorization Act of 1986, the by Connors to receive, file, and approve Emergency Management Director recommendation. Seconded by Jones. Motion shall certify whether or not the ap-carried 7-0. plicant has submitted a current in- ventory of extremely hazardous AmeriCorps Application: City Manager re- substances kept or stored on the commending approval of the submission of an premises. If any such extremely application to the Corporation for National and hazardous substances are kept or Community Service for Partners in Learning stored on the premises, the appli-AmeriCorps Program funding, upon motion Regular Session, December 18, 2006 483 received and filed. Lynch moved to adopt WHEREAS, a purchase agreement has Resolution No. 610-06 Approving an applica-been finalized with the owner. tion to the Corporation for National and Com-NOW, THEREFORE, BE IT RESOLVED munity Service for AmeriCorps Program BY THE CITY COUNCIL OF THE CITY OF funding. Seconded by Connors. Motion carried DUBUQUE, IOWA: 7-0. Section 1. That the City of Dubuque hereby approves the acquisition of the following RESOLUTION NO. 610-06 legally described property: North ½ of Lot 97, APPROVING AN APPLICATION TO THE except the West 57’6” thereof, in East Dubu- CORPORATION FOR NATIONAL AND que, in the City of Dubuque, Iowa according to COMMUNITY SERVICE FOR AMERICORPS the recorded plats thereof at the cost of Fifty- PROGRAM FUNDING eight thousand dollars ($58 000). WHEREAS, the City of Dubuque has an Section 2. That the City of Dubuque be and opportunity to provide needed funding and is hereby authorized to accept a Quit Claim services for the benefit of our underserved and deed from the owner, conveying the owner’s disadvantaged children and youth through a interest to the City of Dubuque, Iowa for the partnership and collaboration with the Dubu-herein described real estate. que County Extension Services and the Section 3. That the City Clerk be and she Community Foundation of Greater Dubuque; is hereby authorized and directed to cause and said Quit Claim Deed to be recorded in the WHEREAS, an application to the Corpora-office of the Dubuque County Recorder, tion for National and Community Service for together with certified copy of the Resolution. AmeriCorps Program funding has been Section 4. That the City Clerk be and she prepared, for a three-year grant beginning in is hereby directed to forward a copy of this September 2007. Resolution to the Dubuque County Assessor NOW, THEREFORE, BE IT RESOLVED and the Dubuque County Auditor. th BY THE CITY COUNCIL OF THE CITY OF Passed, approved, and adopted this 18 of DUBUQUE, IOWA: December, 2006. Section 1. That the Mayor is authorized Roy D. Buol, Mayor and directed to execute an application to the Attest: Jeanne Schneider, CMC, City Clerk Corporation for National and Community Service for participation in the Partners in Purchase of Property – 141 East 11th Learning AmeriCorps Program. Street: City Manager recommending approval Section 2. That the City Manager is hereby of the purchase of property located at 141 East authorized and directed to forward said appli-11th Street for the purpose of demolition as cation and resulting standard executed con-part of the Washington Neighborhood Revitali- tract as required by the Corporation for Na-zation Area, upon motion received and filed. tional and Community Service. Michalski moved to adopt Resolution No. 612- th Passed, approved, and adopted this 18 06 Approving the acquisition of real estate day of December, 2006. located at 141 East 11th Street in the City of Roy D Buol, Mayor Dubuque. Seconded by Cline. Motion carried Attest: Jeanne Schneider, CMC, City Clerk 7-0 RESOLUTION NO. 612-06 Purchase of Property – 346 East 19th APPROVING THE ACQUISITION OF REAL Street: City Manager recommending approval ESTATE LOCATED AT 141 E. 11th STREET, of the purchase of property located at 346 East IN THE CITY OF DUBUQUE 19th Street for the purpose of demolition as part of the Washington Neighborhood Revitali-WHEREAS, the City of Dubuque intends to zation Area, upon motion received and filed. acquire certain properties located in the Cline moved to adopt Resolution No. 611-06 Washington Neighborhood Revitalization Area; Approving the acquisition of real estate located and at 346 East 19th Street in the City of Dubuque. WHEREAS, a purchase agreement has Seconded by Michalski. Motion carried 7-0. been finalized with the owner. NOW, THEREFORE, BE IT RESOLVED RESOLUTION NO. 611-06 BY THE CITY COUNCIL OF THE CITY OF APPROVING THE ACQUISITION OF REAL DUBUQUE, IOWA: ESTATE LOCATED AT 346 E. 19th STREET, Section 1. That the City of Dubuque hereby IN THE CITY OF DUBUQUE approves the acquisition of the following WHEREAS, the City of Dubuque intends to legally described property: acquire certain properties located in the Lot 1 of Lot 2 and Lot 2 of Lot 2 of the Washington Neighborhood Revitalization Area; South 1/5 of City Lot 480 in the City of and Dubuque, Iowa, according to the United States Commissioners’ Map and the recorded plats 484 Regular Session, December 18, 2006 thereof, subject to easements of record at the cost of Twenty thousand dollars ($20 000). Section 2. That the City of Dubuque be and is hereby authorized to accept a Quit Claim deed from the owner, conveying the owner’s interest to the City of Dubuque, Iowa for the herein described real estate. Section 3. That the City Clerk be and she is hereby authorized and directed to cause said Quit Claim 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 Resolution to the Dubuque County Assessor and the Dubuque County Auditor. th Passed, approved, and adopted this 18 of December, 2006. Roy D. Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk Annexation Study: City Manager recom- mending approval for staff to contact the property owners in the six primary areas identified in the Annexation Study Update to gauge their interest in voluntary annexation. Motion by Jones to received, file, and approve recommendation. Seconded by Cline. Motion carried 7-0. National League of Cities: Plaque from the National League of Cities honoring the City of Dubuque’s participation for the past fifty years. Motion by Connors to receive and file. Seconded by Jones. Motion carried 7-0. COUNCIL MEMBER REPORTS Michalski shared that she was a finalist for a Women in Municipal Government Leader- ship award at the National League of Cities, but the Mayor of Atlanta won the award and she appreciates all who have sent her notes. CLOSED SESSION Upon motion Council went into closed ses- sion regarding Pending Litigation and Property Acquisition – Chapter 21.5(1)(c)(j) 2005 Code of Iowa. At 7:45 Council reconvened regular ses- sion and stated that staff had been given proper direction. There being no further business, upon mo- tion meeting adjourned at 7:46 PM. /s/ Jeanne F. Schneider, CMC City Clerk 2006 INDEX Book 136 . th .20 Street .................................................................................................................................................... 471 .3-M Development .......................................................................................................................................... 28 .5-Point Mart Inc. .......................................................................................................................................... 369 .800 MHz Radios .................................................................................................................................. 152, 368 A A & B Tap ....................................................................................................................................... 12, 225, 351 A.Y. McDonald Park ......................................................................................... 91, 158, 165, 186, 256, 274, 443 AAP Partners ................................................................................................................................................ 314 AARP Senior Employment............................................................................................................................ 346 Abonmarche Group ......................................................................................................................................... 74 Accinelli, Steven ................................................................................................................................... 338, 353 ADA Accessibility ........................................................................................................................................ 313 Adam’s Company .......................................................................................................................... 12, 13, 30, 43 Adams Company Building ................................................................... 13, 30, 261, 262, 310, 311, 336, 444, 466 Adams Development Project ......................................................................................................................... 444 Adams, Greg................................................................................................................................................. 423 ADC Properties (Advanced Data-Comm) ...................................................................................................... 166 Administrative Service Concepts (ASC) Fee Renewal .................................................................................... 442 Administrative Services Fee Renewal for Flexible Spending Plan ...................................................................... 2 AED Contract for Resuscitation Outcomes Consortium .................................................................................... 89 Ahlers & Cooney, P.C. ...................................................................................................... 97, 118, 126, 133, 381 AIA Sustainable Design Team Grant Application........................................................................................... 440 See AIA-M Architects ................................................................................................................. Hamous, Bruce Airgas North Central, Inc. ...................................................................................................... 299, 369, 391, 392 Airport Commission ....................... 9, 29, 47, 58, 101, 113, 162, 240, 252, 298, 338, 346, 353, 362, 396, 415, 439 Airport Lagoon ............................................................................................................................................... 39 Alcoholic Beverages Division ......................................................................................................................... 27 Aldi Inc. ............................................................................................................................................... 368, 369 Alexander Company, The ................................................................................................................................ 19 Alliant Amphitheater............................................................................................................................. 259, 285 Alliant Energy ................................................................................................................ 271, 273, 274, 278, 285 Allianz.......................................................................................................................................................... 257 Allied Waste ......................................................................................................................................... 102, 113 Allison-Henderson Park ......................................................................................................... 271, 273, 274, 394 Alt, Peter L. .................................................................................................................................................. 173 Alta Vista / Carlotta Street Reconstruction Project .................................................................. 45, 46, 47, 93, 111 Alta Vista Street....................................................................................... 45, 46, 47, 93, 111, 141, 254, 255, 364 See University Avenue Reconstruction/Patching.................................................................. University Avenue Alter Salvage ................................................................................................................................... 88, 152, 173 Alter Scrap ..................................................................................................................................................... 88 Alter Scrap Processing ................................................................................................................... 172, 173, 174 Ambulance Rates .......................................................................................................................................... 395 Amendment to Collective Bargaining Agreement 2006 Teamsters Local 421 .................................................. 185 America’s River Corporation .......................................................................................................... 166, 220, 345 America’s River Expansion of Museum / Portside Building............................................................................ 379 America’s River Festival ............................................................................................................................... 345 American Institute of Architects ............................................................................................. 329, 412, 415, 440 American Lady ..................................................................................................................................... 140, 188 American Legion # 6..................................................................................................................................... 226 American Trust and Savings Bank ......................................................................................................... 200, 424 American Trust River's Edge Plaza ......................................................................................... 271, 273, 278, 279 American Water Works Association 100 Years Recognition........................................................................... 385 Americans with Disabilities Act ............................................................................................................ 313, 332 AmeriCorps Program .............................................................................................................................. 38, 481 Anderson Design & Consulting, Inc................................................................................................................. 87 Anderson, Gary ....................................................................................................................................... 72, 163 2006 INDEX Book 136 Anderson, Kevin ............................................................................................................................................. 58 Angie’s Bar .................................................................................................................................................. 337 Anich, SVD, Father Kenneth ........................................................................................................................... 41 Animal Control Officer Vacancy ................................................................................................................... 113 Annexation 74, 89, 151, 155, 167, 169, 170, 200, 235, 243, 244, 245, 267, 294, 319, 331, 353, 412, 423, 442, 462, 472, 482 Herrig Voluntary Annexation ............................................................................................................ 423, 472 Annexation Study Update ...................................................................................................................... 412, 482 Annie Waller Subdivision ..................................................................................................................... 353, 354 Annual Action Plan FY 2006 ..................................................................................................................... 24, 73 Annual Action Plan FY 2007 ........................................................................................................ 14, 57, 99, 396 A-OK Yellow Cab Company ........................................................................................................................... 26 Apartment, LTD, The ...................................................................................................................................... 28 Apel, William ............................................................................................................................................... 199 Araeipour, Maria........................................................................................................................................... 187 Aragon Tap.................................................................................................................................... 337, 420, 421 Aramark Educational Service ........................................................................................................................ 141 Arbor Estates Phase III Lift Station.................................................................................................................. 34 Arboretum Drive ............................................................................................................................................. 85 ArcGIS Server Grant Application .................................................................................................................. 400 Area Residential Care ...................................................................................................................... 26, 384, 400 Arensdorf, Pamela (Instant Replay) ............................................................................................................... 444 Army, Department of .................................................................................................................................... 299 Art on the River 2006 .................................................................................................................................... 216 Artistic Cleaners, Inc. ....................................................................................................................................... 4 Arts and Cultural Affairs Advisory Commission . 22, 43, 85, 92, 104, 149, 182, 184, 218, 263, 268, 289, 298, 332, 415 Special Projects Arts and Culture Grants FY 2007 ...................................................................................... 268 Asbury Amoco Foodshop .............................................................................................................................. 140 Asbury Plaza Area Lift Station and Force Main Project ................................................................................................... 334 Business Park First Addition...................................................................................................................... 327 Phase 2 ................................................................................................................................................. 85, 86 Rezoning NW Corner of Asbury Road ....................................................................................................... 390 Shopping Center ................................................................................................................ 169, 229, 230, 390 Shopping Center Second Free-Standing Monument Style Sign on Outlots ................................................... 390 Asbury Road ................................................................................................................................................. 151 Culvert Contract Amendment .................................................................................................................... 336 DB&T Acceptance of Warranty Deed Additional Eastbound Lane at NW Arterial ...................................... 363 Eastbound Lane Widening Project ..................................................................................................... 356, 400 Eastbound Lane Widening Project Initiation of Bidding Process ................................................................. 320 IDOT Sidewalk Assessment and Installation Project................................................................................... 151 Request to Rezone Property at 3219 ................................................................................................... 141, 158 Rezoning Property at NW Arterial for Asbury Plaza ................................................................................... 390 Utility Relocation Agreement Plastic Center, Inc. & Alliant Energy ............................................................ 285 Widening for Church of the Resurrection, QHQ Properties, AAP Partners and Sam’s Real Estate Business Trust ..................................................................................................................................................... 314 Asbury, City of ............................................................................................................................................. 335 Asphalt Paving Project 2005 (FY 2006) ....................................................................................................... 3, 11 Asphalt Paving Project 2006............................................................................................................. 90, 141, 142 Asphalt Paving Project, 2006 ................................................................................................................... 90, 142 Atkinson, Jerrod............................................................................................................................................ 104 Atkinson, Mert .............................................................................................................................................. 100 Atlantic Street Sidewalk/Driveway/Water Stop Box/Curbing Repair ............................................................... 400 Audrey Nelson Community Development Achievement Award ........................................................................ 11 Automatic External Defibrillators (AED) ......................................................................................................... 89 Avenue Sports Bar ........................................................................................................................................ 336 Avery, Alan .......................................................................................................................................... 162, 380 AWN Stop Mart Inc. ............................................................................................................................... 12, 225 AY McDonald Park ...................................................................................................................................... 385 2006 INDEX Book 136 B Baal, Mary Lou ............................................................................................................................................... 85 Backes, Elaine and Raymond ........................................................................................................................ 266 Backes, Marian ............................................................................................................................................. 359 Bahl, Katie ..................................................................................................................................................... 61 Baker, Baker ................................................................................................................................................... 48 Banner Requests ........................................................................................................................................... 166 Banworth, Francine ........................................................................................................................ 16, 47, 48, 97 Banworth, Jim ................................................................................................................................................ 47 Bar X ..................................................................................................................................................... 90, 468 Barker, Barbara ............................................................................................................................................. 162 Barry Street ................................................................................................................................... 194, 195, 239 Barry, Robert J.......................................................................................................................................... 87, 88 Barta, Father Ardel........................................................................................................................................ 252 Bartinis on Main, Inc............................................................................................................................. 153, 225 Basket Expressions ....................................................................................................................................... 286 Bauerly, Donna ............................................................................................................................................... 47 Baum, William .......................................................................................................................... 48, 58, 236, 237 Beck Construction, Inc. ......................................................................................................................... 311, 336 Becker & Sons Stone Co., Inc................................................................................................................ 408, 409 Bee Branch Creek Restoration Project ...................................................... 137, 163, 361, 362, 422, 423, 453, 455 Bee Branch Floodwall Pumping Station Improvement Projects ................................................................. 44, 288 Bee Branch Land Acquisition ............................................................................................... 75, 94, 95, 114, 119 Bee Branch Restoration Area......................................................................................................................... 440 Beecher Beverage ......................................................................................................................................... 188 Beecher Company Inc. .................................................................................................................................. 225 Beer Consumption Prohibited in Parks ........................................................................................................... 271 Beer Permits ............... 28, 74, 89, 104, 140, 152, 167, 188, 226, 259, 285, 317, 337, 351, 368, 400, 421, 443, 469 Behnke, Cindy .............................................................................................................................................. 359 Behnke, Raymond ..................................................................................................................................... 87, 88 Beidler, Dave .................................................................................................................................................. 88 Beidler, Mrs. Donna ........................................................................................................................................ 88 Bell Tower Productions ................................................................................................................................. 305 Bell, Jan ....................................................................................................................................................... 420 Bellevue, City of ................................................................................................................................... 281, 299 Bemis, Harry ........................................................................................................................................ 263, 289 Bemis, Reverend Terry ................................................................................................................................. 101 Ben, Jerome W. .............................................................................................................................................. 88 Berger, Tom ................................................................................................................................................... 38 Bergfeld Recreation Area ................................................................................................... 26, 71, 273, 277, 398 Berna, Beverly ................................................................................................................................................ 57 Berryman, Tom ............................................................................................................................................. 101 Bibb, Nicholas S. ............................................................................................................................................ 88 Bichell, Kenneth ................................................................................................................................... 198, 228 Biechler, Darryl .............................................................................................................................................. 48 Bierstube ...................................................................................................................................................... 385 Bies Drive .................................................................................................................................................... 180 Big 10 Mart ............................................................................................................................. 44, 258, 401, 443 Biodiesel Processing Facilities........................................................................................................ 160, 412, 413 Bird Chevrolet .............................................................................................................................................. 281 Bitter, Joseph J............................................................................................................................. 44, 48, 93, 368 Bixler, Andrea .............................................................................................................................................. 302 Blackhawk Area Railroad Coalition (BARC) Request to Reinstate Passenger Rail Service .............................. 297 Blasen, Charles ............................................................................................................................................. 104 Blatz, Joseph................................................................................................................................................. 149 Blocker, Virgil ...................................................................................................................................... 423, 447 Blodgett. Kerry ............................................................................................................................................. 346 Blondin, Robert .............................................................................................................................................. 88 Blosch, Gary M............................................................................................................................................. 299 Blum Properties .................................................................................................................................... 319, 341 Blum, William G. ........................................................................................................................................... 30 Boardmann, Diane ........................................................................................................................................ 359 2006 INDEX Book 136 Boating Infrastructure Grant (IDNR) Tier 2 Riverside Boat Pier Grant ................................................................................................................ 328 Boating Infrastructure Grant Application for the Riverside Boat Pier (revised) ................................................ 394 Boating Infrastructure Grant for the Ice Harbor Marina Project 28E Agreement with IDNR ....................................................................................................................... 139 Boating Infrastructure Grant for the Ice Harbor Marina Project (IDNR) ............................................................ 26 Boelk, Robert D. ..................................................................................................................................... 85, 102 Boettcher, Beverly ........................................................................................................................................ 339 Boge, Joseph V. .............................................................................................................................................. 88 Bonson Road Reconstruction Project ..................................................................... 77, 78, 79, 105, 138, 139, 188 Bonz, Elizabeth ............................................................................................................................................. 335 Bootlegger’s Pub Inc. .............................................................................................................................. 44, 225 Borut, Donald J., National League of Cities ................................................................................................... 414 Bowling and Beyond ............................................................................................................................. 443, 444 Boynton, Amy ................................................................................................................................................ 38 Bradley, Kerry .............................................................................................................................................. 359 Breaktime Bar & Grill ................................................................................................................................... 337 Breezers Pub Company .................................................................................................................................... 5 Breitbach, Cathy ............................................................................................................................................. 84 Breitbach, Jason ............................................................................................................................................ 360 Breitbach, Paul and Vicki .............................................................................................................................. 266 Breitbach, Ron and Mary ...................................................................................................................... 234, 266 Breitbach, William L. .................................................................................................................................... 293 Breitfelder, Bernice M............................................................................................................................. 22, 299 Brennan, Deanne........................................................................................................................................... 185 Brennan, Patrick ........................................................................................................................................... 396 See Bricktown .............................................................................................. 168, 225, 226, Cooper Management Bridge Restaurant ......................................................................................................................................... 401 Briggs, Wayne .............................................................................................................................................. 201 Brimeyer, Marlene ........................................................................................................................................ 266 Broessel, Patricia .......................................................................................................................................... 188 Brokus, Karen ............................................................................................................................................... 359 Brown, Bradd, OPM Architects ..................................................................................................................... 162 Brown, Dan .................................................................................................................................................... 38 Brown, Edward ............................................................................................................................................... 17 Brown, Jonathon ............................................................................................................................................. 39 Brown, Terry E. ............................................................................................................................................... 1 Brownfield’s Assessment Grant Bee Branch Restoration Area ........................................................................ 440 Brumwell, Crenna ........................................................................................................................................... 30 Bryson, Michael J. and Sonya A. ........................................................................................................... 319, 341 Budget Amendment FY 2006 ................................................................................................................ 141, 156 Budget Amendment FY 2007 ......................................................................................................... 351, 375, 406 Correction to Amendment #1 ..................................................................................................................... 386 Buelow, Michael ................................................................................................................................... 182, 358 Buesing & Associates ....................................................................... 145, 264, 314, 315, 316, 386, 435, 436, 469 Bugalski, Richard ......................................................................................................................................... 140 Building Code Amendment and Window Replacement and Alteration Policy ................................................. 460 Building Permit Moratorium – Southwest Arterial ......................................................................................... 215 Building Services Department .................................................................................................... 38, 60, 232, 258 Bulko, Sister Charla ...................................................................................................................................... 359 Bulldog Billiards Sports Bar .................................................................................................................. 225, 351 Bullock, Reverend Jeffrey, President, University of Dubuque ............................................................................ 1 Bunker Hill Golf Course ............................................................................................... 54, 71, 90, 103, 139, 274 Gambling License ..................................................................................................................................... 139 Reservation License Agreement with FORE Software ................................................................................ 103 Burch Street (409) ........................................................................... 2, 27, 164, 222, 284, 349, 382, 400, 463, 464 Burds, Michael ............................................................................................................................................. 103 Bureau of Indian Affairs Regulations Regarding Indian Casinos ..................................................................... 440 Burgart, John, Dubuque Community School District Superintendent ...................................................... 250, 459 Burger, William, Land Surveyor re Oak Court ............................................................................................... 403 Burke, Kyle .................................................................................................................................................. 360 Burns, Margaret ............................................................................................................................................ 266 Burns, Mike .................................................................................................................................................... 93 2006 INDEX Book 136 Burrows, Joanne M., SC, PHD, ..................................................................................................................... 439 Business License Refunds ................................................................... 12, 140, 258, 317, 336, 368, 420, 443, 468 Business Licenses4, 12, 28, 44, 74, 89, 104, 140, 152, 167, 188, 225, 258, 285, 304, 317, 336, 351, 368, 385, 400, 443, 468 Busted Lift............................................................................................................................................ 137, 168 Butler, Dean and Patricia ........................................................... 151, 169, 170, 187, 233, 235, 267, 294, 295, 303 Butler’s Hill Second Addition ................................................................................................ 234, 294, 295, 472 Byrne, Robert ................................................................................................................................................. 11 C Cable Franchise Agreement Amendment ....................................................................................................... 412 Cable Franchise Agreement Amendment with MCC LLC .............................................................................. 216 Cable Television Franchise – Amendment for I-Net Construction ................................................................... 182 Cable TV Community Teleprogramming Commission ....................................................................... 81, 93, 187 Cable TV Division .................................................................................................................................... 40, 60 Cable TV Regulatory Commission ........................................................................ 9, 41, 101, 141, 156, 162, 359 Cable TV Teleprogramming Commission ............................................ 41, 101, 113, 313, 359, 375, 388, 463, 468 Cairns, Dr. and Mrs. R. Scott ......................................................................................................................... 185 Caley, Juanita Kay ........................................................................................................................................... 9 Capital Improvement Program ................................................... 20, 29, 60, 61, 103, 138, 186, 329, 333, 347, 394 Carew, Allen, Attorney .................................................................................................................................... 6 Carlos O’Kelly’s .................................................................................................................... 140, 141, 337, 351 Carmel Road, 850, Request to Purchase by Scott Cairns ................................................................................. 185 Carnegie Stout Public Library Special Session on Renovation Plans ............................................................... 162 Carriger, Linda ............................................................................................................................................. 266 Carroll, Jamie ............................................................................................................................................... 385 Carroll, Rodney ............................................................................................................................................ 388 Carroll’s Wine Company ....................................................................................................................... 153, 369 Carstens, Danika ........................................................................................................................................... 346 Carstens, Gary ................................................................................................................................................ 58 Carstens, Laura ............................................................................................................................ 9, 89, 415, 462 Carter, Joshua ............................................................................................................................................... 360 Carton, Heather ............................................................................................................................................... 12 Casavant, Christian ....................................................................................................................................... 359 Casel, Gayle ......................................................................................................................................... 338, 353 Casey’s General Store ........................................................................................................................... 152, 225 Catfish Charlie’s LLC ................................................................................................................................... 153 Catfish Creek ............................... 70, 75, 94, 95, 114, 119, 147, 381, 398, 421, 422, 423, 447, 448, 450, 453, 455 Catfish Festival ....................................................................................................................................... 12, 167 Cedar Cross Amoco ...................................................................................................................................... 188 Cedar Lake East Third Addition ............................................................................................. 326, 327, 381, 382 Cedar Lakes Subdivision Plat of Survey ........................................................................................................ 381 Cedar Ridge Farm Place No. 7 Accepting Improvements................................................................................ 442 Cedar Street and Dog Track Lift Station Improvements Project ...................................................................... 368 Cedar Street and Dog Track Wastewater Pumping Station Improvement Project ..................................... 260, 309 Centers for Disease Control and Prevention Fluoridation Recognition ........................................................................................................................... 384 Central Alternative School ............................................................................................................................... 9 Central Coast Hospitality .............................................................................................................................. 104 Century Drive Storm Sewer Repair ................................................................................................................ 400 Certified Local Government (CLG) Grant Four Mounds Archeological Survey ............................................... 347 Certified Local Government (CLG) Program Grant Application Phase I Four Mounds Archeological Investigation ...................................................................................... 299 Cessna Drive ................................................................................................................................................ 296 Channel Inn .................................................................................................................................................. 385 Chaplain Schmitt Memorial Project ................................................................................................ 446, 447, 468 Chavenelle Road ................................................................................................................................... 175, 473 See Chavenelle Warehouse Development, LLC . 188, 189, 236, 401, 402, 426, 427, 428, 429, Theisen Supply, Inc. Chavenelle, Gail ..................................................................................................................................... 92, 104 Chen, Cyndi.................................................................................................................................................. 161 Cherioli, Ethel ................................................................................................................................................ 47 2006 INDEX Book 136 Chicago, Central & Pacific Railroad Company............................................................................................... 186 Child Care Referral Program ................................................................................................................... 58, 219 Child Care Resource and Referral .......................................................................................................... 150, 474 Chili Cookoff ................................................................................................................................................ 140 Choo Choo Charlies Pizza ............................................................................................................................. 305 Choudhry, Waseem ....................................................................................................................................... 225 Christ, Steven T. ......................................................................................................................................... 1, 88 Christensen, James and Shirley ...................................................................................................................... 167 Christensen, Shirley A............................................................................................................ 195, 196, 263, 264 Church of the Resurrection .................................................................................................................... 314, 316 Citimortgage, Inc .......................................................................................................................................... 113 City Attorney’s Office ..................................................................................................................................... 37 City Clerk’s Office ....................................................................................................................... 37, 51, 60, 279 City Conference Board .................................................................................................................................... 85 City Development Board ....................................................................................................................... 303, 332 Motor City LLC John Herrig Annexation ................................................................................................... 303 City Hall - First Floor Restroom Remodel Project ............................................................................. 87, 373, 410 City Hall Traffic Center Renovation Project ................................................................................................... 400 City Hall Tuckpointing Project ...................................................................................................................... 420 City Island Bridge ......................................................................................................................................... 398 City Manager’s Office ............................................................................................................................... 37, 60 City of Dubuque Audit Services .................................................................................................................... 100 Civic Center Commission...................................................................................................................... 263, 289 Five Flags Commission ......................................................................................................................... 40, 41 Civic Center Division ...................................................................................................................................... 60 Civil Service Commission .......1, 2, 22, 41, 85, 87, 88, 101, 103, 104, 149, 162, 172, 198, 359, 360, 396, 415, 463 Account Clerk I......................................................................................................................................... 359 Equipment Operator .................................................................................................................................. 103 Equipment Operator I .................................................................................................................................. 87 Fire Lieutenant .......................................................................................................................................... 103 Firefighter ................................................................................................................................................. 359 Foreman ..................................................................................................................................................... 87 Golf Course Supervisor ............................................................................................................................... 87 Mechanic ..................................................................................................................................................... 1 Transit Dispatcher/Scheduler ..................................................................................................................... 359 Truck Driver ............................................................................................................................................... 87 Clark of Dubuque .......................................................................................................................... 225, 317, 318 Clarke College ....................................................................................................................... 188, 318, 369, 439 Clasen, Theresa M. ....................................................................................................................................... 346 Clasen, William and Connie .......................................................................................................................... 266 Clauer, Robert ................................................................................................................................. 93, 174, 175 Claussen, Jude .............................................................................................................................................. 459 Clean Water Act of 1972 ................................................................................................................................. 39 Clear Well/Baffling Rehabilitation Project Contract Award ............................................................................ 300 Clemens, David L. ............................................................................................................................ 18, 28, 416 Clemens-Conlon, Jennifer A. ......................................................................................................................... 473 Clewell, Steven T. ........................................................................................................................................... 88 Closed Session .......................................... 20, 36, 56, 100, 112, 148, 217, 251, 298, 312, 329, 378, 414, 439, 461 Club Sublime LLC ........................................................................................................................................ 141 Clubhouse, The ............................................................................................................................................... 44 Coan, Mary ........................................................................................................................................... 447, 472 Coates, Eileen and Douglas ................................................................................................................... 266, 293 Code of Iowa ...... 1, 5, 13, 20, 27, 30, 32, 36, 41, 42, 43, 51, 56, 75, 76, 77, 87, 88, 94, 95, 96, 100, 103, 112, 113, 114, 115, 117, 119, 121, 122, 123, 124, 126, 128, 130, 131, 133, 148, 153, 168, 185, 189, 190, 193, 194, 217, 222, 235, 243, 244, 245, 251, 260, 295, 296, 298, 305, 308, 312, 316, 324, 329, 345, 348, 349, 359, 360, 364, 369, 378, 383, 387, 401, 402, 414, 418, 421, 422, 423, 427, 428, 429, 430, 431, 439, 443, 447, 450, 451, 453, 455, 456, 461, 466, 467, 471, 472, 473, 475, 482 Code of Ordinance Update ............................................................................................................. 329, 413, 444 Code of Ordinances Revisions ....................................................................................................................... 377 Collective Bargaining Agreement Teamsters Local Union No. 421 ................................................................. 316 Collins, Jeanne ................................................................................................................................................ 47 Collins, Jim .................................................................................................................................................... 49 Collins, Nan.................................................................................................................................................... 58 2006 INDEX Book 136 Colts Community Center ............................................................................................................................... 226 Communications Opportunity, Promotion, and Enhancement Act (COPE) of 2006 ................................. 185, 218 Communications, Consumer’s Choice, and Broadband Deployment Act of 2006 ............................................ 218 Community Development Advisory Commission 9, 15, 25, 61, 81, 92, 99, 100, 113, 136, 215, 219, 347, 384, 396, 397 Community Development Block Grant (CDBG) ...................... 3, 89, 100, 136, 150, 164, 215, 219, 347, 396, 397 Community Development Block Grant Agreement FY 2007 .......................................................................... 255 Community Development Block Grant Annual Action Fiscal Year 2007 Plan (Program Year 2007) .................. 57 Community Development Block Grant Program ........................................................ 57, 136, 140, 215, 220, 255 Community Development Block Grant Program, Fiscal Year 2006 Allocation .................................................. 26 Community Development Block Grant Report Heartland Financial Project ..................................................... 347 Community Economic Betterment Account (CEBA) Loan ................................................................ 10, 300, 302 Community Economic Betterment Account (CEBA) Program, Cottingham & Butler ...................................... 167 Community Health Center ...... 58, 255, 283, 284, 301, 302, 331, 349, 369, 370, 386, 393, 400, 403, 406, 419, 434, 435 Community Land Use and Economics Group (CLUE).................................................................................... 382 Community Oriented Police (COP Program) .............................................................................................. 38, 61 Community Partnership (cp2) Program ........................................................................................... 100, 136, 215 Community Services Block Grant (CSBG) ...................................................................................................... 88 Comprehensive Annual Financial Report (CAFR) ............................................................................................. 9 Comprehensive Bluff Top Plan................................................................................................................ 57, 112 Comprehensive Plan .. 25, 26, 28, 103, 112, 138, 188, 230, 234, 235, 241, 242, 243, 244, 245, 269, 293, 295, 303, 312, 324, 333, 347, 349, 353, 354, 383, 398, 440, 461, 472 July 2006 Report Update ........................................................................................................................... 303 LRP Report on July 2006 Comprehensive Plan Update............................................................................... 333 May 2006 Report Update........................................................................................................................... 188 November 2006 Report Update.................................................................................................................. 440 October 2006 Report Update ..................................................................................................................... 398 Proposed Update Schedule .................................................................................................................. 26, 112 September 2006 Report Update ................................................................................................................. 383 Update to the IDNR .................................................................................................................................. 349 Work Session January 22, 2007 ................................................................................................................. 461 ConAgra Foods ............................................................................................................................................... 28 Conference Center .......................................................................................................................................... 40 Conlon Johnson Development LLC ................................................................................................ 305, 306, 323 Development Agreement Dubuque Technology Park .......................................................................... 305, 323 Dubuque Technology Park Parcel F ........................................................................................................... 303 Public Hearing on Dubuque Technology Park Land Purchase ..................................................................... 323 Setting Public Hearing on Technology Park Land Purchase ........................................................................ 305 Conlon, Sister Mary Patricia, RSM ........................................................................................................ 184, 396 Connolly Construction, Inc. ................................................................................................................... 410, 411 Connolly, Senator Mike .......................................................................................................................... 70, 103 Consolidated Annual Performance and Evaluation Report (CAPER) 2005-2006 ............................................. 347 Cook, Robert ................................................................................................................................................ 308 Cookin Something Up ........................................................................................................................... 443, 444 See Cooper Management .............................................................................................. 168, 225, 226, Bricktown Cooper, Josie (KDTH) .................................................................................................................................. 149 Cooper, Kelley ................................................................................................................................................ 58 Cooperative Winter Roadway Maintenance Agreement between the City and County of Dubuque .................. 441 Copper Kettle ................................................................................................................................................. 90 Corey, Wendell ........................................................................................ 151, 169, 187, 229, 233, 234, 235, 266 Corner Tap ................................................................................................................................................... 188 Corporation for National and Community Service for Partners in Learning (AmeriCorps Program) ................. 481 Corrigan, Mary Rose ........................................................................................................................ 58, 101, 173 Cortez, Brian ................................................................................................................................................ 302 Cottingham and Butler, Inc..................................................................................................... 326, 367, 397, 420 Cottingham Road .......................................................................................................................................... 441 Coty, Michael ................................................................................................................................ 198, 202, 228 Council Community/City Boards and Commissions ......................................................................................... 21 Coursey, Eileen ............................................................................................................................................. 346 Coyle, Mike .............................................................................................................................................. 34, 97 Creative Touch Gallery, Inc........................................................................................................................... 188 Creek Wood Drive ................................................................................................................................ 102, 146 2006 INDEX Book 136 Creek Wood Drive Bridge ............................................................................................................................. 102 Crescent Community Health Center ........................................................................................ 386, 393, 419, 434 Creslanes Bowling Inc. ................................................................................................................................. 188 Crime Victim Assistance Grant ..................................................................................................................... 223 Crippes, Ray ................................................................................................................................................... 48 Cross Hill Drive .............................................................................................................................................. 19 CSC Gas Inc. ................................................................................................................................................ 318 Cue Masters Billiards ..................................................................................................................... 225, 443, 444 Culbertson, Dorothy A. ......................................................................................................................... 308, 321 Culbertson, Mark ............................................................................................................................................ 88 Culver, Chester J. .......................................................................................................................................... 442 Cunningham, Brandi ..................................................................................................................................... 359 Cupps, Joseph .................................................................................................................................................. 1 Curb Ramp Installation – CDBG Project, Phase II, 2006 ............................................................... 14, 53, 54, 283 Curbside Refuse Collection Program Recognition .......................................................................................... 395 Curiel, Debra ........................................................................................................................................ 380, 381 Curtis, Davin C. .............................................................................................................................................. 34 Curtis, John .......................................................................................................................................... 149, 346 Custer Street / Allison Henderson Sewer and Detention Basin Project................................................ 80, 106, 464 Czeshinski, Sue........................................................................................................................ 58, 107, 293, 393 D Da Vinci’s Management LLC ........................................................................................................................ 141 Daack, Pamela .............................................................................................................................................. 359 Dakota, Minnesota and Eastern Railroad Corporation.................................................................. 73, 89, 187, 222 Dalsing, Jean ................................................................................................................................................ 360 Dalsing, Todd ............................................................................................................................................... 240 DAMA Corp. ................................................................................................................................................ 385 Daughters, Ken, President Emmaus Bible College ........................................................................................... 22 Dauod, Charles ......................................................................................................................................... 29, 47 Davidson, Sarah .............................................................................................................................................. 57 Davis, John ..................................................................................................................................................... 58 Davis, Paul ............................................................................................................................................... 87, 88 Davis, Susan ................................................................................................................................................. 359 Davis, Susan A. .............................................................................................................................................. 88 Davison, Richard .......................................................................................................................................... 228 Day, Kelly Lee.............................................................................................................................................. 252 DBQ Area Chamber of Commerce ................................................................................................................ 401 DBQ Area Labor Mgmt Council .................................................................................................................... 226 DBQ Greyhound Park / Casino ........................................................................................................................ 90 DDA Enterprises, Inc. ........................................................................................................................... 225, 351 Decker, Amy ................................................................................................................................................ 359 DeCristofaro, Lino ........................................................................................................................................... 1 Deferred Retirement Option Plan (DROP) ....................................................................................................... 70 Defining food scraps and other compostable materials...................................................................................... 63 Delinquent Dog and Cat License Charges ...................................................................................................... 394 Delinquent Refuse, Sewer and Stormwater Management Accounts ................................................................. 467 Dell Street – Request for Parking Removal ....................................................................................................... 6 DeMaio, Nick .................................................................................................................................................. 1 Dement, Paul .................................................................................................................................................. 88 Demmer, Wayne ........................................................................................................................................... 167 Demolition by Neglect ................................................................................................................... 111, 113, 269 Dempsey’s ...................................................................................................................................................... 27 Denlinger, Bill and Carol ................................................................................................................................ 34 Deppe, Steven L.............................................................................................................................................. 88 Derby Grange Road ................................................................................. 169, 233, 234, 266, 293, 295, 423, 441 Detention Basin, 32nd Street ....................................................................................... 4, 72, 75, 94, 95, 114, 119 Deutmeyer, Kelley Hutton ............................................................................................................................... 25 Deutsche Bank National Trust Company................................................................................................ 218, 396 DeVega, Gabrielle .......................................................................................................................................... 84 Diamond Jo Casino ............................................................................................................................... 226, 258 2006 INDEX Book 136 Dickinson, Rick ............................................................................................................................................ 326 See DICW.......................................................................................................... Dubuque Industrial Center West Digital Orthophotography and Data Collection Request for Proposals ............................................................. 442 Ding Ynghui, Vice-Mayor of Handan City ..................................................................................................... 301 Distinguished Budget Presentation Award ..................................................................................................... 350 DM Sports Bar Inc. ....................................................................................................................................... 421 DM&E ........................................................................ See Dakota, Minnesota and Eastern Railroad Corporation DMATS Transportation Enhancement Grant.................................................................................................. 138 Dog Gone, Inc. ............................................................................................................................................. 385 Dog House Lounge ....................................................................................................................................... 385 Dolter, Mildred ............................................................................................................................................. 286 Doremus, George .......................................................................................................................................... 199 Dow, Wayne ................................................................................................................................................. 103 Downtown Dubuque Design Guidelines .......................................................................................................... 25 Downtown Dubuque Master Plan Consultant Selection Community Land Use and Economics Group (CLUE) ................................................ 382 Downtown Dubuque Master Plan – Request for Proposals.............................................................................. 185 Downtown Neighborhood Association ..................................................................................................... 38, 423 Drees, Terry .................................................................................................................................................. 360 Drew Cook and Sons Excavating, Inc. .............................................................................................. 71, 291, 292 Drew Cooks & Sons Excavating, Inc. ............................................................................................................... 2 Driscoll, Steve ................................................................................................................................................ 88 Dubuque 2020 Vision Statement.................................................................................................................... 331 Dubuque Area Chamber of Commerce ............................................ 15, 21, 25, 35, 54, 58, 81, 107, 220, 293, 393 Dubuque Area Chamber of Commerce Convention and Visitors Bureau ....................... 21, 35, 107, 220, 293, 393 Dubuque Area Labor Management Council ...................................................................................... 58, 220, 285 Dubuque Area LifeTime Center..................................................................................................................... 219 Dubuque Bank and Trust .............................................................................. 71, 72, 280, 299, 320, 353, 363, 442 Request to Annex and Rezone 2690 Rockdale Road Public Hearing ........................................................... 353 Voluntary Annexation ............................................................................................................................... 442 Voluntary Annexation of 2690 Rockdale Road ........................................................................................... 299 Dubuque Bowling Lanes ............................................................................................................................... 188 Dubuque Brewing and Malting Company ........................................................................................................ 28 Dubuque Casino Hotel LLC .......................................................................................................................... 351 Dubuque Community School District ......................................................... 42, 102, 149, 256, 270, 287, 400, 437 See Dubuque Comprehensive Plan .................................................................. 28, 139, 301, Comprehensive Plan Dubuque County Board of Health .......................................................................................................... 336, 383 Dubuque County Board of Supervisors ............................................................................ 152, 167, 250, 285, 480 See Dubuque County Extension ......................................... 57, 70, 215, 220, 346, 367, 481, Iowa State University Dubuque County Firefighters Association Regional Emergency Responders Training Facility .......... 250, 281, 304 Dubuque County Friends of Extension ................................................................................................... 358, 367 Dubuque County Historical Society ........12, 13, 19, 28, 30, 153, 163, 164, 181, 285, 350, 351, 379, 398, 466, 480 Termination of Lease of Adams Company Building & Site ......................................................................... 398 Dubuque County REAP Plan Trolley Line Trail at Eagle Point Park Application ..................................................................................... 311 Dubuque County Soil and Water Conservation District .................................................................................... 70 Dubuque Discount Gas, Inc. .............................................................................................................. 12, 74, 259 Dubuque Drug Task Force .............................................................................................................................. 22 Dubuque Drum and Bugle Corps ................................................................................................................... 245 Dubuque Family Restaurant .......................................................................................................................... 401 Dubuque Golf & Country Club .............................................................................................................. 140, 168 Dubuque Harbor Improvement Company Addition ................................................................................ 319, 342 Dubuque History Trail .................................................................................................................................. 186 Dubuque Hockey, Inc. Five Flags Agreement ................................................................................................ 186 Dubuque Humane Society .................................................................................................. 58, 88, 152, 172, 173 Dubuque Industrial Center West 23, 26, 43, 146, 187, 189, 193, 222, 223, 236, 237, 256, 259, 260, 277, 291, 304, 307, 308, 314, 323, 324, 331, 384, 387, 399, 401, 405, 426 5th Addition – Final Plat ........................................................................................................................... 146 Amended and Restated Declaration of Covenants ....................................................................................... 187 National Dentex – Oral Arts, Inc. ............................................................................................................... 384 Subdividing of Lots ................................................................................................................................... 222 Dubuque Initiatives .......................................................................................................................... 21, 180, 473 Withdrawal of Requested PUD Amendment for Dubuque Industrial Center ................................................ 473 2006 INDEX Book 136 Dubuque Jaycees ................................................................................................ 9, 167, 188, 282, 285, 299, 351 Dubuque Lifetime Center .............................................................................................................................. 136 Dubuque Main Street ....................................................... 21, 58, 61, 166, 181, 218, 219, 316, 344, 362, 394, 400 Dubuque Master Plan ........................................................................................................ 25, 139, 333, 382, 394 See Dubuque Metropolitan Area Solid Waste Agency .......................................1, 21, 89, 103, 221, 348, DMATS Approval of Operations Services Agreement .............................................................................................. 348 Dubuque Metropolitan Area Transportation Study (DMATS) ................................................................. 138, 224 Dubuque Mining ..................................................................................................................................... 28, 225 Dubuque Moose Lodge ................................................................................................................................. 141 Dubuque Museum of Art .................................................................................................... 23, 24, 257, 280, 296 Agreement to Amend Downtown Loan Pool Forgiven Debt........................................................................ 296 Downtown Loan Pool Remaining Debt ...................................................................................................... 257 Dubuque Nursing and Rehab ......................................................................................................................... 162 Dubuque Order of Eagles ................................................................................................................................ 74 Dubuque Professional Firefighters’ Association ............................................................................................. 185 Dubuque Racing Association ............................................................................................................. 21, 90, 225 Dubuque Religious Center................................................................................................................................ 5 Dubuque Screw Products ......................................................................... 193, 222, 237, 291, 311, 336, 368, 443 Assignment of Development ...................................................................................................................... 336 Dubuque Shot Tower Archeological Investigation.......................................................................................... 285 Dubuque Star Brewery .............................................................................................. 19, 190, 191, 192, 274, 290 Development Agreement ........................................................................................................................... 190 Dubuque Symphony Orchestra ........................................................................................................................ 61 See Dubuque Thunderbirds ............................................................................................... Dubuque Hockey, Inc. Dubuque Township Trustees ................................................................................................................. 187, 285 Dubuque Vision 2020 ................................................................................................................................... 330 Dubuque Yacht Basin ................................................................................................................................... 140 Duehr, Don ..................................................................................................................................................... 48 Duehr, Merle .................................................................................................................. 2, 87, 88, 104, 359, 360 Duggan, Chuck ..................................................................................................................................... 228, 263 Duggan, Susanna .......................................................................................................................................... 360 Duncan, Mary ....................................................................................................................................... 359, 360 Dunn, BVM, Sister Catherine, President of Clarke College ............................................................................... 9 Durrant Group ........................................................................................................ 228, 258, 344, 415, 463, 468 Duster, Stacey ................................................................................................................................................. 22 E E.B. Lyons Interpretive Center .............................................................................................................. 398, 439 Eagan, Father Andew .................................................................................................................................... 162 Eagle Country Market ........................................................................................................................... 337, 351 Eagle Point Bluff Scaling and Tree Removal Project ............................................................... 371, 409, 463, 467 Eagle Point Bluff Stabilization Project ........................................................................................................... 470 Eagle Point Bluff Study ............................................................................................................................. 8, 202 Eagle Point Park ....................................................................... 273, 274, 311, 337, 338, 352, 377, 392, 400, 443 Eagle Street and Lindberg Terrace Sanitary Sewer Reconstruction Project ........................................................ 24 Eagle Valley Project........................................................................................................................................ 86 Eagle Valley Subdivision ....................................................................................................... 138, 145, 222, 275 Eagles Club ............................................................................................................................................ 74, 259 East 11th Street, Purchase of 141 ................................................................................................................... 481 East 19th Street, Purchase of 346 ................................................................................................................... 481 East Central Intergovernmental Association ...................................................................................... 25, 335, 464 Fiscal Year 2006 Annual Report ................................................................................................................ 464 Easy Street LLC............................................................................................................................................ 153 Econofoods ................................................................................................................................ 27, 28, 305, 420 Economic Development Department............................................................................................. 57, 60, 89, 473 Ecumenical Towers ............................................................................................................................... 184, 396 Edval Lane ..................................................................................................................... 154, 199, 200, 241, 244 Edward Byrne Memorial Justice Assistance Grant 2006 ................................................................................. 166 Ehlinger, Louise............................................................................................................................................ 313 Ehlinger, Penny ...................................................................................................................................... 38, 332 Eichman, Robert and Damaris ......................................................................................................................... 47 2006 INDEX Book 136 Eide Bailly LLP ............................................................................................................................................ 100 Eipperle, Kevin, Durrant Group ..................................................................................................................... 415 Eipperle, Wendy ........................................................................................................................................... 463 El Paisa .......................................................................................................................................................... 12 Elaine and Raymond Backes, Elaine and Raymond ........................................................................................ 293 Electrical Code Board ...................................................................................... 41, 55, 81, 93, 101, 184, 346, 439 Electrical Ordinance ........................................................................................................................................ 55 Ellis, Bob...................................................................................................................................................... 173 See Elm Street .... 13, 18, 255, 276, 283, 302, 334, 349, 386, 406, 418, 434, 436, 471, Crescent Community Health Center Establishment of Fair Market Value 1721 Elm Street.................................................................................. 334 Purchase of Property at 1703 for Community Health Center ....................................................................... 255 Purchase of Property at 1711 for Community Health Center ....................................................................... 283 Purchase of Property at 1731 for Community Health Center ....................................................................... 302 Emerald Acres ................................................................................................................................................ 52 Emergency Communications Center ................................................................................................................ 38 Emergency Management ............................................................................................... 21, 38, 60, 231, 479, 480 Emergency Preparedness and Security Information re Confidentiality ............................................................. 300 Eminent Domain .................................................................................... 44, 70, 73, 140, 149, 218, 284, 301, 334 Governor Vilsack's Veto of HF 2351 ......................................................................................................... 284 Employee Assistance Program Services Agreement with Mercy Medical Center ............................................. 397 Employment Agreement 15th Amendment - City Manager ............................................................................. 257 Encephalitis Monitoring Memorandum of Understanding with the Iowa Department of Public Health ............. 336 Engelken, Richard A. ...................................................................................................................................... 84 Engineering Department.............................................................................................. 39, 60, 303, 319, 340, 342 English Mill Road ......................................................................................................................................... 441 Engraved Gift Collection ......................................................................................................................... 12, 469 Enstrom Court .............................................................................................................................................. 296 Enterprise Zone Commission ............................................................................................. 89, 113, 281, 284, 359 Environmental Stewardship Advisory Commission .22, 41, 101, 149, 162, 181, 224, 280, 302, 308, 321, 338, 353, 358, 359, 380, 440, 463 Envision 2010 Steering Committee .................................................................................................................. 26 Enzler, Jerry ................................................................................................................. 19, 28, 30, 181, 345, 379 Epic Construction ........................................................................................................................................... 19 Erhart, Vincent and Marjorie ........................................................................................................................... 22 Erickson, David ............................................................................................................................................ 337 Ernest Madison Revocable Trust ................................................................................................................... 264 Ernst, Milton......................................................................................................................................... 299, 313 Erschen, Mark ................................................................................................................................................ 48 Esch, Nicholas .............................................................................................................................................. 360 ESRI and Stratus Technologies ArcGIS Server Demonstration Project Grant Program, ................................... 400 Ethanol and Biodiesel Plants ................................................................................................................. 160, 412 Etten, Arnie Van ............................................................................................................................ 195, 263, 264 Europa Haus Inc. .......................................................................................................................................... 337 Europa Haus Restaurant ................................................................................................................................ 385 Everist, Burton .......................................................................................................................................... 81, 93 Everman, Nancy ..................................................................................................................................... 70, 346 Ewert, Larry ................................................................................................................................................. 103 Examining Board .................................................................................................................................... 84, 152 Exterior Storage Containers and Storage Trailers ................................................................................. 34, 54, 81 F Fabricius, Rebecca ................................................................................................................................ 263, 289 Faces and Voices ............................................................................................................................................ 38 Family Self-Sufficiency / Homeownership Program Coordinators .................................................................. 149 Fangman, Denis W.......................................................................................................................................... 88 Fangman, Kathryn ........................................................................................................................................ 359 Farnum, Richard W. and Esther A. ................................................................................................. 266, 293, 358 Fat Tuesday’s ............................................................................................................................................... 351 FCC Notice of Inquiry Stay Motion, Coalition of Communities ...................................................................... 468 Fedderse, Brandon ........................................................................................................................................ 360 2006 INDEX Book 136 Federal Building ......................................................................... 34, 224, 225, 268, 287, 324, 344, 377, 420, 463 Acceptance of Quit Claim Deed ................................................................................................................. 268 Appointing Council Member to Design Committee .................................................................................... 377 Renovation Project Special Session............................................................................................................ 463 Request for Proposals Engineering Architectural Services .......................................................................... 225 Federal Communications Commission Notice of Inquiry ................................................................................ 442 See Federal Recreation Trail Grant ..................................................... Northwest Arterial Hike/Bike Trail Project NW Arterial Bike/Hike Trail Project Phase 2 ............................................................................................. 346 Federally Qualified Community Health Center (FQHC) ................................................................................. 419 Felderman, Pat ................................................................................................................................................ 87 Fenelon Place, 555, Individual Historic Designation....................................................................................... 405 Ferring, James .............................................................................................................................................. 188 Fifth Street Reconstruction Project ................................................................................................. 170, 198, 220 Finance Department ................................................................ 1, 9, 22, 37, 69, 102, 185, 218, 252, 304, 332, 416 Financial Advisory Services Request for Proposals ........................................................................................ 441 Finley Hospital ................................................................................................................................. 58, 72, 166 Finley Waples & Burtons Addition ................................................................................................................ 425 Fire Department ................................................................................................................... 38, 60, 87, 222, 331 Fire Headquarters – Sidewalk Replacement Project ........................................................................................ 385 Fire Sprinkler Service ..................................................................................................................................... 62 First Supply, LLC ............................................................................. 304, 307, 308, 323, 324, 350, 380, 381, 399 Termination of Development Agreement in DICW ..................................................................................... 399 First Transit, Inc.................................................................................................................................... 110, 252 Fiscal Year 2007 Operating Budget ........................................................................................................... 20, 29 Fiscal Year 2007 Wage Plan and Compensation Package for Non-Bargaining Unit Employees ....................... 164 Fiscal Year 2008 Budget Hearing Schedule ................................................................................................... 414 Fisch, Bob ...................................................................................................................................................... 38 Fisher, Janet.................................................................................................................................................. 297 Fitzgerald, John ............................................................................................................................................ 104 Five Flags Arena Fall Protection Project ................................................................................. 172, 240, 304, 360 Five Flags Budget Proposal FY 2007 ............................................................................................................. 187 Five Flags Center ................................................................................................................. 40, 71, 72, 187, 226 HVAC Phase II Project ............................................................................................................................... 71 Five Year Goals (Goal Setting 2006 for FY 2007) .......................................................................................... 331 Five Year Street Program (Fiscal Years 2007 – 2011) ...................................................................................... 20 Flanagan, Tina ................................................................................................................................................ 16 Flexible Spending Plan..................................................................................................................................... 9 Flexsteel Drainage Improvement Agreement .................................................................................................. 362 Flint Hill Drive ............................................................................................................................................... 19 Floodwall Improvement Projects Change Order ............................................................................................. 400 Floodwall Pumping Facility Improvement Projects ......................................................................... 288, 325, 351 Floodwall Pumping Station Improvement Project ..................................................................................... 44, 107 Flora Park Water System Project ................................................................................................................... 257 Flora Pool Painting Project .............................................................................................. 288, 324, 325, 351, 399 Florence Street .............................................................................................................................................. 416 Fonck, Carolyn Kay ...................................................................................................................................... 385 Fondell Excavating, Inc. ................................................................................................................. 138, 145, 221 Food Scrap Recycling Program ....................................................................................................................... 39 Forest Grange Property Owner’s Association ................................................................................................... 34 Forest Grange Subdivision ............................................................................................................................ 6, 7 Foster Grandparent Program .................................................................................................................... 58, 218 Foster, Patricia ...................................................................................................................................... 388, 404 Fountain Park Event Center ........................................................................................................................... 385 Four Mounds ............................................................................................. 21, 210, 220, 259, 271, 275, 299, 333 Archeological Survey ................................................................................................................................ 333 Final Grant Application Archeological Survey ........................................................................................... 347 Interpretive Signs ...................................................................................................................................... 333 Four Mounds Foundation ................................................................................................................. 21, 220, 259 Fourth Street Extension .......................................................................................................... 319, 341, 342, 438 Franchise Fee ....................................................................................................................... 27, 44, 70, 202, 381 Amicus Brief .............................................................................................................................................. 27 Gas and Electric RFP Administrative Expenses .......................................................................................... 202 Retention of Law Firm .............................................................................................................................. 381 2006 INDEX Book 136 See Franchise Fee Amicus Brief ...................................................................... Utility Expense and Cost Analysis Francois, Joann ..................................................................................................................................... 463, 464 Frank, Scott .................................................................................................................................................. 173 Fred Jackson Tuckpointing .................................................................................................................... 325, 399 Fred Jackson Tuckpointing, Inc. ............................................................................................................ 324, 325 Freedom Riders ............................................................................................................................................ 298 Freiberger, Emily .................................................................................................................................. 299, 313 Freihage Enterprises, Inc. .............................................................................................................................. 401 Friends of the Mines of Spain ................................................................................................................ 382, 398 Frommelt, Linda ............................................................................................................................ 321, 404, 423 Fuchs, Cathy ................................................................................................................................................... 58 Fuller, Cynthia ...................................................................................................................................... 263, 289 Fuller, Lisa ................................................................................................................................................... 359 Future Land Use Map....................................................................................... 187, 230, 234, 241, 242, 293, 353 Future Land Use Map for the City of Dubuque 2003 ...................................................................................... 187 G G.M.S., Inc. (Stephenson, George) .................................................................................................................. 71 Gaber, Marilyn A. ......................................................................................................................................... 360 Gaherty, Shannon ......................................................................................................................................... 298 Gannon Center ........................................................................................................................................ 85, 136 Gansen, William ............................................................................................................................................. 88 Gantz, Jim ....................................................................................................................................................... 7 Gardner, Charlie ............................................................................................................................................. 40 Garfield Place Urban Revitalization Area............................................................................................. 29, 30, 50 Garfield Street Manhole Repairs .................................................................................................................... 336 Gartner, Mr. and Mrs. John .............................................................................................................................. 6 Gassman, Mary ............................................................................................................................................. 383 Gates, Dr. Bill, Kleinfelder, Inc. ....................................................................................................................... 8 Gateway Landscaping Project........................................................................................................................ 166 Gehl, Randy............................................................................................................................................ 40, 152 Geisler Brothers Company .............................................................................................................................. 71 General Obligation Bonds ......................... 74, 75, 76, 77, 94, 95, 96, 108, 113, 114, 115, 119, 128, 129, 133, 135 Refunding of Balances ................................................................................................................................ 95 Stormwater Projects .............................................................................................................................. 74, 94 General Obligation Capital Loan Notes Bee Branch Creek Restoration ................................................................................................................... 422 Lower/Upper Bee Branch Creek Restoration Project and Culvert Improvements ......................................... 453 General Obligation Urban Renewal Bonds – Parking Ramp Restoration Projects ................................ 75, 94, 108 Gerardy, Randy J. ........................................................................................................................................... 88 German Bank Building.................................................................................................................................. 357 GFOA Certificate of Achievement................................................................................................................. 185 Gibbs Construction ........................................................................................................................ 327, 381, 382 Gibbs, Marty................................................................................................................................................. 327 Giese Manufacturing Company .............................................................................................. 256, 259, 260, 291 Giese Manufacturing, Inc .............................................................................................................................. 291 Giese Properties, LLC .................................................................................................................... 259, 260, 291 Giese, Jim ....................................................................................................................................................... 48 Giesen, Jim ........................................................................................................................................... 100, 113 Giesen, Judy ................................................................................................................................................. 313 Gillespie Street, 655 ................................................................................................................................ 72, 163 Gin Rickey’s ......................................................................................................................................... 311, 317 Ginter, Donna ............................................................................................................................................... 141 GIS Software Maintenance Renewal Contract ................................................................................................ 400 Givens, James and Genevieve........................................................................................................................ 163 Glenview Subdivision Quit Claim Deed Correction........................................................................................ 470 See GMRI Inc. ............................................................................................................................... Olive Garden Goal Setting Session 2006 for FY 2007 ......................................................................................................... 330 Goetzinger, David ......................................................................................................................................... 163 Goldsmith, Jeffrey S. ...................................................................................................................................... 61 Goldstein, Rob ...................................................................................................................................... 173, 174 2006 INDEX Book 136 Golf Car Lease Agreement ........................................................................................................................ 54, 71 Gonner, Jeffrey L. ................................................................................................................................. 173, 174 Goodman, Catherine A. ........................................................................................................................... 92, 104 Goodman, Jr., James E. ................................................................................................................................. 336 Goodman, Thomas .................................................................................................................................. 92, 104 Goodmann, Teri ............................................................................................................................... 58, 240, 379 Governing Board of the Municipal Housing Agency ................................................................................ 59, 102 Government Finance Officers Association ..................................................................................................... 185 Government Performance and Results Act (GPRA) Annual Products Report 2005 ............................................ 10 Governor’s Traffic Safety Grant ...................................................................................................................... 22 Grace, Kevin J. ............................................................................................................................................... 88 Graham, Ben.................................................................................................................................................... 9 Grand Harbor Resort/Water Park ........................................................................................................... 420, 421 Grand Opera House................................................................................................... 44, 140, 251, 317, 368, 385 Grand River Center .................................................................................. 197, 198, 265, 266, 304, 330, 331, 337 Grand River Center Fountain Sign Rehabilitation Project ....................................................................... 265, 304 Grand Tap .................................................................................................................................................... 351 Grandview Avenue Concrete Section Repair ........................................................................... 196, 264, 317, 464 Grandview Gallop ......................................................................................................................................... 183 Grant, Randy .................................................................................................................................................. 88 Grape Harbor ................................................................................................................................................ 369 Grass Cutting Charges ................................................................................................................................... 442 Grassley, Senator Charles ......................................................................................................... 89, 218, 301, 314 Great Lakes Archeological Research Center................................................................................................... 285 Great River Road Interpretive Signage Project ............................................................................................... 163 Great Rivers Center............................................................................................................................... 350, 379 Greater Downtown Urban Renewal Plan ........................................................................................................ 324 Amended and Restated to Extend Boundaries............................................................................................. 324 Amendment Extending Boundaries ............................................................................................................ 286 Greater Dubuque Development Corporation ......................................... 21, 58, 175, 201, 219, 236, 237, 280, 326 Green Communities Internship Application to IDNR, Pollution Prevention Intern Program ............................. 468 Green Dubuque ............................................................................................................................................. 314 Green, Bob ..................................................................................................................................................... 39 Griebel, Timothy........................................................................................................................................... 360 Griffin, Greg ................................................................................................................................................... 88 See Gronen, John ......................................................... 15, 313, 357, 386, 406, 436, Washington Court, Pine Box Gruber, Joseph D. ......................................................................................................................................... 113 Grutz, Jerry ..................................................................................................................................................... 22 Guerdet, Robert ............................................................................................................................................ 360 Guns, Diann.................................................................................................................................................. 162 H H & W Building .............................................................................................................................................. 9 H.R. 5252 Advanced Telecommunicatons Opportunity Reform Act (ATOR) .................................................. 301 Haigh, Howard ............................................................................................................................................. 309 Hall, Richard .......................................................................................................................................... 92, 105 Ham House Ham House Museum ................................................................................................................................. 274 Landmark Designation .............................................................................................................................. 210 Lease Agreement with DCHS ............................................................................................................ 153, 181 Paint Trim Project .............................................................................................................. 227, 292, 336, 440 Hammel, Dan............................................................................................................................................ 47, 97 Hammerheads Bar/Billiards..................................................................................................................... 28, 225 Hamous, Bruce ............................................................................................................................................. 162 Hancock, Lindsey ......................................................................................................................................... 359 Hancock, Senator Tom ............................................................................................................................ 70, 103 Handan City ................................................................................................................................................. 301 Hansel Drive ........................................................................................................... 336, 385, 405, 437, 459, 460 Hansen, Barbara L. ....................................................................................................................................... 299 Hansen, Troy ................................................................................................................................................ 334 Hanson III, J.K. ........................................................................................................................................ 29, 47 2006 INDEX Book 136 Hanson, Barbara L. ....................................................................................................................................... 299 Hanson, Jessica ............................................................................................................................................. 359 Happy Joe’s Ice Cream/Pizza ........................................................................................................................ 401 Happy’s Place ............................................................................................................................................... 351 Hardie, Stephen .................................................................................................................................... 198, 228 Harkin, Senator Tom .............................................................................................................. 218, 224, 301, 314 Harris Golf Cars........................................................................................................................................ 54, 71 Harris, David .................................................................................................................................................. 28 Harris, Reverend Matthew ............................................................................................................................. 218 Harrison, Richard L................................................................................................................ 382, 403, 436, 437 Hartig Drug Company ............................................................................................................ 4, 27, 28, 188, 225 Hartig Realty Development Agreement 703 Main Street Rehabilitation .......................................................... 357 Hartig, Bob ................................................................................................................................................... 173 Hartig, David ................................................................................................................................................ 159 Hartman, Ellen ............................................................................................................................... 105, 263, 289 Harvest Business Center ................................................................................................................................ 103 Harvest Development Group, LLC ................................................................................................................ 102 Harvest View Estates ..................................................................................................................... 102, 103, 276 Hauder, Becky .............................................................................................................................................. 162 Haug, Reverend Joan ...................................................................................................................................... 69 Haugen, Erica ............................................................................................................................................... 111 Hawthorne Street Generator Project .................................................................................... 44, 45, 107, 288, 289 Hayes, Larry ................................................................................................................................................... 88 Heacock, Elmer E. ...................................................................................................................................... 1, 88 Health Choices Administrative Services Fee .................................................................................................. 362 Health Services Department ................................................................................................................ 19, 58, 61 HEART Partnership ........................................................................................................................................ 11 Heartland Financial ....................................................................................................................................... 347 Hedley, Arthur G. ........................................................................................................................................... 88 Heeb Street ............................................................................................................................................. 56, 208 Hefel, Anne .................................................................................................................................................. 360 Hefel/Frommelt LLC, ................................................................................................................................... 317 Heiar, David ......................................................................................................................................... 263, 324 Heiar, Garry and Jeanne ................................................................................................................................ 355 Heim Enterprise ............................................................................................................................................ 141 Heim, Dave .................................................................................................................................................... 48 Heim, Jean ............................................................................................................................................ 380, 381 Heitz, Mike, Skate Park Request .................................................................................................................... 394 Helen Ridge Court ................................................................................................................................ 267, 268 Helling, James A. ........................................................................................................ 4, 195, 196, 263, 264, 363 Helling, Victor J............................................................................................................................................... 4 Helping Services of Northeast Iowa ......................................................................................................... 58, 219 Hemesath, Ralph G. ...................................................................................................................................... 299 Heming, Debra ............................................................................................................................................. 359 Hendry, John C. and Margaret A. .................................................................................................................. 470 Henkel, Cynthia ............................................................................................................................................ 299 Henkels, Ellen Hartman .......................................................................................................................... 92, 263 Henning, Mark .............................................................................................................................................. 359 Henschel, Thomas and Sheri ...................................................................... 89, 145, 154, 155, 167, 200, 242, 245 Heritage Trail ........................................................................................................... 18, 138, 271, 273, 276, 282 Herman, George E. ......................................................................................................................................... 88 Herman, Paul A. ....................................................................................................................................... 87, 88 Herrera, LeeAnn ........................................................................................................................................... 282 Herrig, John and Sally Jo...................... 151, 169, 170, 187, 233, 234, 235, 266, 267, 293, 294, 295, 303, 423, 472 Hessel, Tina Marie .................................................................................................................................. 69, 102 HF 2321 Eminent Domain ................................................................................................................. 44, 70, 140 HF 2351 Eminent Domain ........................................................................................................ 70, 149, 218, 301 Governor Tom Vilsack’s Veto ................................................................................................................... 218 HF 2467 Local Cable Franchising.................................................................................................................. 149 HF 2712 Deferred Retirement Option Plan (DROP) ......................................................................................... 89 HF 2794 Dept. of Revenue Regarding Annexation Language ......................................................................... 140 Hicks, Audrey ............................................................................................................................................... 359 Higbie, DeVon L. ........................................................................................................................................... 88 2006 INDEX Book 136 Highway 20 Corridor Preservation Zone .......................................................................................................... 11 Highway 20 Landscaping – Phase II Project.................................................................................... 262, 342, 385 Highway 61/151 off-ramp Signage ................................................................................................................ 148 Hill Street Plaza, Inc. .............................................................................................................................. 28, 141 Hillcrest and Judson Streets Walk/Ramp Project ............................................................................................ 400 Hillcrest Family Services ...................................................................................................................... 136, 218 Hills and Dales ..................................................................................................................................... 219, 439 Hilton Garden Inn, Houlihans ........................................................................................................................ 351 Hilvers, Timothy B. ...................................................................................................................................... 396 Hingtgen, Doris M. ............................................................................................................................... 308, 321 Hingtgen, Gerald B. ...................................................................................................................................... 299 Historic Bluffs Neighborhood Association .................................................................................. 38, 61, 183, 388 Historic District Entry Signs .......................................................................................................................... 110 Historic Old Main District ............................................................................................................................... 11 Historic Preservation Commission ..... 9, 22, 24, 43, 85, 89, 101, 110, 111, 162, 167, 184, 187, 198, 202, 203, 206, 215, 224, 228, 252, 269, 304, 313, 332, 333, 338, 352, 353, 359, 396, 439, 440, 460, 461, 463 Historic Preservation Funding Programs Individual Designation of Historic Properties ................................... 203 Historic Preservation Homeowner Grant Program ...................................................................................... 24, 25 Historic Resource Development Program......................................................................................................... 25 Hodgdon/West Locust Street Sidewalk/Step Replacement Project .................................................................... 39 Hoeger, Jody................................................................................................................................................. 396 Hoffman, David, The White House ........................................................................................................ 226, 444 Holiday Inn Five Flags .......................................................................................................................... 443, 444 Holy Family Schools ..................................................................................................................................... 314 Holz, Jim .............................................................................................................................................. 308, 321 HOME Investment Partnership Program ........................................................................................................ 136 Homeless Sleepout ........................................................................................................................................ 414 Hook, Cindy ................................................................................................................................................. 359 Horsfall, Leanne .................................................................................................................... 113, 149, 184, 218 Horsfield Construction, Inc. .............................................................. 138, 139, 254, 264, 265, 356, 357, 364, 464 Houlihans/Hilton Garden Inn ......................................................................................................................... 168 House of China .............................................................................................................................. 285, 326, 397 Housing Advisory Trust Fund Committee ........................................................... 69, 101, 252, 298, 308, 321, 384 Housing and Community Development Department .......................................... 43, 57, 59, 61, 150, 347, 439, 463 Housing Code Appeals Board .................................................................................. 101, 141, 156, 252, 313, 439 Housing Commission ................... 9, 22, 69, 101, 149, 184, 252, 298, 308, 321, 322, 359, 380, 384, 404, 415, 423 Housing Enterprise Zone Application for Step by Step, Inc. ........................................................................... 284 Housing Services Department Lead Paint Hazard Reduction Program............................................................. 380 Howel, Crystal .............................................................................................................................................. 102 HSB 530 Withholding Tax Credits .................................................................................................................. 70 HSB 670 State Communication Franchise ........................................................................................................ 70 HSB 697 Deferred Retirement Option Plan (DROP) ........................................................................................ 70 HUD Continuum of Care............................................................................................................................... 164 HUD Lead-Based Paint Hazard Control Grant ............................................................................................... 164 Hudson’s Classic Grill .................................................................................................................................. 141 Huewe, Sr. Helen ............................................................................................................................................ 58 Hulsizer, Rev. John ......................................................................................................................................... 85 Human Rights Commission .. 22, 30, 41, 85, 113, 162, 218, 313, 332, 350, 359, 362, 380, 383, 388, 404, 415, 439, 442, 447, 472 Annual Report................................................................................................................................... 439, 442 Human Rights ADA Subcommittee ........................................................................................................... 313 Human Rights Department .............................................................................................................................. 37 Human Rights Ordinance .......................................................................................................................... 30, 44 See Humane Society .................................................................................................... Dubuque Humane Society Humane Society of Scott County ................................................................................................................... 173 Hume, Sarah ......................................................................................................................................... 184, 185 Humke, Bob and Donna ................................................................................................................................ 281 Hunting and Target Practice Within City Limits ........................................................................ 84, 100, 112, 159 Hunting Ordinance ................................................................................................................................ 145, 159 Hurley Magee, Helene..................................................................................................................................... 47 Huseman, Hope ................................................................................................................................ 48, 93, 109 Hutchcroft, Sandi .................................................................................................................................... 38, 103 Hwy 151 & 61 Development, LLC .................................................................................. 168, 169, 200, 201, 400 2006 INDEX Book 136 Hy-Safe Technology ............................................................................................................................. 240, 360 Hy-Vee # 2 .............................................................................................................................. 28, 225, 468, 469 Hy-Vee # 3 ........................................................................................................................................... 104, 225 Hy-Vee Gas # 2 ............................................................................................................................... 28, 225, 401 Hy-Vee Gas # 3 .................................................................................................................................... 104, 225 Hy-Vee Inc., ............................................................................................................. 28, 104, 152, 225, 226, 469 Hy-Vee Wine & Spirits ......................................................................................................................... 225, 226 I Ibrico, Inc. .................................................................................................................................................... 351 Ice Harbor Marina Grant ......................................................................................................................... 26, 139 IIW Engineers................................ 5, 17, 49, 70, 102, 173, 186, 222, 223, 256, 304, 318, 334, 339, 369, 384, 391 IIW Service Engineers .................................................................................................................................. 400 Immanuel Congregational United Church of Christ ........................................................................................ 187 Improvement Contracts / Performance, Payment and Maintenance Bonds . 167, 188, 258, 285, 304, 317, 336, 350, 368, 385, 400, 468 Individual Historic Designation of 565 Fenelon Place ............................................................................ 338, 405 I-Net ..................................................................................................................................................... 182, 412 Information and Referral .................................................................................................................. 58, 150, 219 Information Services Department .............................................................................................................. 40, 60 Innocent Rubio ............................................................................................................................................... 12 Installation of Street Lights – 1105 Locust Street ........................................................................................... 304 Instant Replay ................................................................................................................................ 259, 443, 444 International City / County Management Association ..................................................................................... 152 International Institute of Municipal Clerks ....................................................................................................... 27 International Union of Operating Engineers, Local #758 Bargaining Agreement ............................................. 222 Interstate Power Company (Alliant) ....................................................................................................... 153, 181 Intriligator, William .............................................................................................................................. 263, 289 Investment Oversight Advisory Commission ...................................................... 22, 162, 228, 298, 396, 423, 447 Iowa Clean Air Attainment Program (ICAAP) ....................................................................................... 253, 419 Iowa Communities Assurance 9, 22, 41, 85, 102, 113, 149, 163, 218, 252, 281, 299, 313, 332, 346, 359, 381, 396, 416, 439, 464 Iowa Department of Economic Development .... 10, 83, 84, 109, 136, 144, 145, 164, 165, 167, 182, 284, 300, 301, 302, 316, 332, 349, 367, 383, 394, 420, 468 Iowa Department of Natural Resources 1, 12, 26, 139, 272, 312, 328, 329, 332, 333, 349, 394, 398, 419, 448, 449, 453, 454, 468 Iowa Department of Public Health .................................................................................................. 224, 336, 420 Childhood Lead Poisoning Funding and Agreement with the Visiting Nurse Association (VNA) ................. 336 Iowa Department of Transportation ..... 11, 26, 42, 85, 138, 151, 186, 216, 222, 224, 238, 239, 252, 253, 298, 317, 343, 346, 347, 372, 375, 398, 409, 411, 419 Bridge Washing Projects Bid Letting January 17, 2007 .............................................................................. 398 HMA (Hot Mix Asphalt) Joint and Crack Sealing Project on US 20 ............................................................ 317 Iowa Finance Authority Housing Trust Fund Application for Step by Step Affordable Housing Program ......... 284 Iowa Great Places Application ....................................................................................................................... 358 Iowa Health Systems Child Safety Program ................................................................................................... 166 Iowa Individual Health Benefit Reinsurance Assessment ................................................................................ 382 Iowa League of Cities ................................................................................................................ 35, 36, 152, 312 Iowa Mississippi River Parkway Commission Grant ...................................................................................... 163 Iowa Potato / Produce ................................................................................................................................... 104 Iowa Sister States .......................................................................................................................................... 161 Iowa State University ...................................................................................................................................... 70 Iowa Supreme Court ....................................................................................................................................... 27 Iowa Workforce Development ....................................................................................................................... 346 Iowa, Chicago and Eastern Railroad ...................................................................................................... 187, 222 Isabella’s at the Ryan House ............................................................................................................. 90, 317, 336 Isenhart, Bud ................................................................................................................................................ 324 J J & P O’Hara Inc. ......................................................................................................................................... 401 Jackson, Guy ................................................................................................................................................ 173 2006 INDEX Book 136 Jacobs, Steve .................................................................................................................................................. 58 Jaeger, Jane M. ..................................................................................................................................... 281, 299 Jaeger, Richard ............................................................................................................................................. 102 Jamies Wine Studio of Dubuque .................................................................................................................... 385 Jan’s Sewtique Parking Request on White Street ............................................................................................ 420 Jarrard, James L. ............................................................................................................................ 313, 362, 383 Jeld-Wen – Irrevocable License ..................................................................................................................... 164 Jennings, Lester ............................................................................................................................................ 110 Jennings, Lester and Barbara ................................................................................................................... 54, 110 Jenson, Leon ................................................................................................................................................... 48 JEO Consulting Group, Inc.................................................................................................................... 297, 303 JFK Road Sidewalks ..................................................................................................................................... 384 Jo Miller, Cathy ............................................................................................................................................ 359 Job Access Contract ........................................................................................................................................ 26 Job Access Reverse Commute (JARC) funding ................................................................................................ 26 Jochum, Representative Pam ........................................................................................................................... 70 Joey’s Seafood & Grill .................................................................................................................................. 401 John C. Kaiser Company ................................................................................................................ 292, 293, 440 John Deere Road ........................................................................................................................................... 100 Johnson, Deanne ........................................................................................................................................... 359 Johnson, Harvey ........................................................................................................................................... 360 Johnson, Marty ............................................................................................................................................. 323 Johnson, Sandy ............................................................................................................................................. 346 Jones, Annett ................................................................................................................................................ 359 Jones, Charlene ............................................................................................................................................. 396 See Jones, KC ............................................................................................................. Airgas North Central, Inc. Jordahl, Julie................................................................................................................................................... 69 Joyce, Pauline ................................................................................................................................................. 84 Juergens, Steve ................................................................................................................................... 15, 47, 81 Julien Dubuque Bridge .................................................................................................................................. 398 Julien Dubuque Drive .................................................................................................................... 174, 187, 398 Julien Inn ...................................................................................................................................................... 468 Jumpers Sports Bar/Grill ....................................................................................................................... 420, 421 Jungblut, Stacy ............................................................................................................................................. 163 Junk and Salvage Yards Julien Dubuque Drive .............................................................................................. 187 Justice Assistance Grant .......................................................................................................................... 27, 166 K Kaesbauer, Robert ................................................................................................................................. 281, 299 Kahler, Adam ............................................................................................................................................... 360 Kalmes' Breaktime Bar & Grill ...................................................................................................................... 168 Kalmes, Michael ................................................................................................................................... 168, 337 Kames, Louise ........................................................................................................................................ 92, 105 Kamp, Mary Lou .......................................................................................................................................... 104 Kane Street Request to Purchase Property by Tim Schmitt II .......................................................................... 382 K-Chap Foods, Inc., Oky Doky # 14 .............................................................................................................. 259 KDTH .................................................................................................................................................. 149, 299 Kearney, Mary V. ....................................................................................................................................... 9, 22 Kelly Lane Request to Purchase Property by Jason Schneider ......................................................................... 382 Kelly, Bill ................................................................................................................................................. 87, 88 Kelly’s Bluff ............................................................................................................................................. 47, 97 Ken Kringle Historic Preservation Awards Ceremony .................................................................................... 167 Kennedy Circle ............................................................................................................................................. 420 Kennedy, Alvy ........................................................................................................................................ 88, 418 Kennicker, Robin M. ....................................................................................................................................... 81 Kerper Boulevard........................................................................................... 5, 17, 168, 201, 278, 299, 369, 391 Key City Properties ............................................................................................................................... 145, 350 Key City Subdivision .................................................................................................................................... 411 KeyLine Transit ................................................................................................................ 25, 110, 384, 400, 420 Keymont Street .............................................................................................................................. 286, 308, 397 Keystone Street ............................................................................................................................................. 397 2006 INDEX Book 136 Keywest Conoco ........................................................................................................................................... 188 Kiefer, Jeanne ............................................................................................................................................... 360 Kies, Peter ..................................................................................................................................... 263, 289, 290 King, Lucas .................................................................................................................................................. 360 Kinseth Hotel Corp. (Holiday Inn) ................................................................................................................. 444 Kirkpatrick, Janelle ....................................................................................................................................... 360 Kiwanis ........................................................................................................................................................ 312 Klauer Manufacturing Company .................................................................................................................... 349 Klauer, Jody ................................................................................................................................................... 85 Klauer, Randy ......................................................................................................................................... 92, 105 Klavitter, Nelson ........................................................................................................................................... 299 Kleinfelder, Inc. ........................................................................................................................................ 8, 202 Kluck Construction ............................................................................................. 53, 54, 283, 325, 326, 377, 392 Kluesner, Loras ................................................................................................ 2, 87, 88, 104, 172, 198, 359, 360 K-Mart Corporation .............................................................................................................................. 396, 416 Kniest Street ......................................................................................................................................... 361, 471 Knights of Columbus ...................................................................................................................................... 90 Koch, Thomas, Paul’s Tavern ................................................................................................................ 226, 332 Koelker, Terry .............................................................................................................................................. 173 Kohl, James .................................................................................................................................................. 351 Kohl, Ken ..................................................................................................................................................... 381 Kohl, Tyler ................................................................................................................................................... 380 Kohlmann, Chris ............................................................................................................................................. 40 Kohn, Brian .................................................................................................................................................. 187 Koontz, Elizabeth ......................................................................................................................................... 359 Kotz, Beverly................................................................................................................................................ 162 Kowalske, Brooke ........................................................................................................................................... 41 Kramer, Joel A. ............................................................................................................................................... 88 Kramer, Thomas ............................................................................................................................................. 88 Krayer, Dorothy ............................................................................................................................................ 346 Kremer, Jamie Lee ........................................................................................................................................ 299 Kressig, Mark ............................................................................................................................................... 163 Kroger, Galen ............................................................................................................................................... 174 Krueger, Dale ............................................................................................................................................... 360 Krueger, Otto ........................................................................................................................... 92, 105, 141, 156 Krumbholz, Anthony .................................................................................................................................... 360 Krumpe, Steven C. ........................................................................................................................................ 173 Kuehneman, Nicholas ................................................................................................................................... 360 Kuhn, Michael .............................................................................................................................................. 360 Kunde Place No. 2 – Final Plat ........................................................................................................................ 11 Kunde, Roger.............................................................................................................. 48, 93, 109, 143, 144, 368 Kunkel, Bounds & Associates, Inc. ................................................................... 144, 145, 182, 189, 190, 236, 302 CEBA Loan Agreement with City and IDED ............................................................................................. 302 Kutsch, Alan ................................................................................................................................................. 359 Kwik Stop ................................................................................................. 27, 140, 153, 188, 225, 318, 337, 443 Kwik Trip ............................................................................................................................................. 140, 225 Kyoto Agreement.......................................................................................................................................... 280 Kyoto Protocol.............................................................................................................................................. 413 L L & L Investment Co, LLC (Players Sports Bar) ............................................................................................ 305 Lake Eleanor Road ........................................................................................................................................ 441 LaMar Advertising ........................................................................................................................................ 173 Landis, Dick ................................................................................................................................................. 202 Lane Kendig, Inc. ........................................................................................................................................... 34 Lang, Dawn ............................................................................................................................... 39, 69, 152, 350 Lange Sign Group ......................................................................................................................................... 163 Lanham, Linda L. and Zachary D. ................................................................................................................. 359 Lansing, Mark .............................................................................................................................................. 101 LaPage, James ................................................................................................................................................ 88 Las Margaritas ........................................................................................................................... 5, 259, 443, 444 2006 INDEX Book 136 Lassance, Paul ...................................................................................................................................... 198, 228 Latham, Bill.................................................................................................................................................. 173 Lattner, Tim .................................................................................................................................................... 87 LB Metcalf, Inc............................................................................................................................................. 188 Lead Demonstration Grant Application to HUD ............................................................................................. 383 Lee’s 76.......................................................................................................................................................... 28 Legal Department ........................................................................................................................................... 37 Legionnaires Drum & Bugle Corp ................................................................................................................. 226 Legislative Priorities for 2007 Legislative Session ......................................................................................... 438 Lehman, Dave H. ............................................................................................................................................ 88 Leibold, Terrance ............................................................................................................................................ 87 Leibold, Terrance J. ........................................................................................................................................ 88 Leitch, Chad ................................................................................................................................................. 355 Lester, Christopher J. .................................................................................................................................... 360 Liberty Mutual .............................................................................................................................................. 173 Liberty Stations LLC .................................................................................................................................... 337 Library Board ............................................................ 1, 22, 85, 101, 162, 252, 281, 298, 313, 332, 380, 415, 463 Library Department ................................................................................................................................... 58, 61 Library Renovation Project............................................................................................................................ 148 Lien Oriental America Food .......................................................................................................................... 140 Lifetime Center ....................................................................................................................................... 58, 219 Lincoln Avenue ............................................................................................................................. 137, 210, 221 Lindahl, Barry A ............................................................................................................................ 6, 15, 30, 381 Lindecker, James J. ......................................................................................................................................... 88 Lindell, James ............................................................................................................................................... 359 Lindsay, Susan .............................................................................................................................................. 162 Link, June ............................................................................................................................................. 163, 415 Link, Kathleen .............................................................................................................................................. 360 Link, Leo ...................................................................................................................................................... 299 List of Claims and Summary of Revenues .............................. 22, 69, 102, 162, 218, 281, 313, 346, 380, 415, 463 LoBianco, Dan .................................................................................................................. 58, 181, 218, 344, 394 Local Government Committee ......................................................................................................................... 70 Local Voice Service, Long Distance and Internet Service Request for Proposals ............................................. 442 Lochner, Brian ................................................................................................................................................ 87 Lochner, Lochner .......................................................................................................................................... 381 Locust Street 1108 Request to Rezone ........................................................................................................... 423 See Locust Street and Iowa Street Parking Ramps ...... General Obligation Urban Renewal Bonds – Parking Ramp Restoration Projects Lois Street .................................................................................................................................................... 368 Lombardi, Mr. & Mrs. Michael ..................................................................................................................... 311 Loney, Dave ................................................................................................................................................. 350 Loney, Rebecca ............................................................................................................................................ 359 Loney-Bichell, Mary ............................................................................................................................. 198, 228 Long Range Planning Advisory Commission .... 9, 13, 21, 22, 26, 29, 35, 50, 57, 85, 101, 103, 112, 141, 156, 184, 187, 188, 198, 228, 281, 298, 303, 332, 333, 338, 380, 383, 396, 398, 405, 439, 440, 461, 472 Lopez, Adam ................................................................................................................................................... 9 Loras Boulevard Traffic Signalization Replacement Project ............................................................ 307, 343, 385 Loras College ................................................................................... 37, 48, 49, 50, 141, 299, 318, 336, 338, 339 Campus Development Plan - Athletic and Wellness Center........................................................................... 49 Institutional District Amendment ................................................................................................................. 48 Request to Purchase Alley Abutting 2240 Kerper Blvd. .............................................................................. 299 Request to Vacate City Owned Alley ......................................................................................................... 338 Los Arcos ....................................................................................................................................................... 90 Lot One ........................................................................................................................................................ 141 Louis Murphy Park ............................................................................................................................... 273, 277 Lounge, The ................................................................................................................................................... 12 Love, Phillip ................................................................................................................................................... 12 Lower Main Development, LLC .................................................................................................................... 334 Lucas, Dawn ................................................................................................................................................. 359 Lucas, Eric L. .................................................................................................................................................. 5 Lucky 13 ...................................................................................................................................................... 225 Lucy, Nick ...................................................................................................................................................... 48 Ludowitz, Randall ........................................................................................................................................... 87 2006 INDEX Book 136 LuGrain, Lana ................................................................................................................................................ 74 Lukan, Representative Steve............................................................................................................................ 70 Lundgren, Shannon ............................................................................................................................... 103, 281 Lundh, Matthew.................................................................................................................................... 198, 228 Lutz, Thomas ................................................................................................................................................ 359 M Mabusth, Stuart............................................................................................................................................. 354 Mahmood, Shahid ......................................................................................................................................... 317 Mahoney, Todd............................................................................................................................................. 360 Main Street Challenge Grant Step by Step ..................................................................................................... 362 Main Street Iowa................................................................................................................................... 316, 394 Main Street Program ..................................................................................................................................... 316 Mamali, Ioana ......................................................................................................................................... 92, 105 Management Agenda for 2006-2007 .............................................................................................................. 331 Manasseh House Urban Revitalization Area Plan ....................................................................................... 13, 51 Manders, Rose ...................................................................................................................................... 309, 332 Manderscheid, Cheryl ........................................................................................................................... 359, 360 Mandolin Inn Inc. ......................................................................................................................................... 337 Manesseh House ........................................................................................................................................... 471 Mangeno, Angela .......................................................................................................................................... 337 Maple Street, 1570, Acquisition for Bee Branch Creek Restoration................................................................. 137 Marco’s Italian American Food ..................................................................................................................... 104 Mario’s Italian Restaurant ..................................................................................................................... 443, 444 Marke, LLC (Vessel Systems) Certificate of Completion DICW..................................................................... 314 See Marsha Saunders ......................................................................................................................... Water Hole Martens, Brian ................................................................................................................................................ 48 Martin, Mike................................................................................................................................................. 298 Mason Cate Estates ....................................................................................................................................... 423 Matrix Consulting Group ................................................................................................................. 87, 222, 461 Maus Lake Generator Project ............................................................................................. 44, 45, 107, 288, 289 See Mayas, Inc. ............................................................................................................. 259, 444, Las Margaritas Mazzuchelli Drive, 600 ........................................................................................................ 5, 15, 47, 48, 81, 97 McAleece Park / Recreation Commission ...................................................................................................... 104 See MCC Iowa, LLC .................................................................................................... 166, 216, 412, Mediacom McCall, Jane ................................................................................................................................................... 58 McCallum, Doug and Jean ............................................................................................................................ 332 McCann, Steven R. ....................................................................................................................................... 332 McCann’s Service ................................................................................................................................. 167, 225 McCarthy, Lisa ..................................................................................................................................... 308, 314 McClain, Ann ............................................................................................................................................... 360 McClain, Mr. and Mrs. Robert ....................................................................................................................... 416 McClain, Tim ............................................................................................................................................... 360 McClean, Kenneth .......................................................................................................................................... 88 McCoy, Robert ............................................................................................................................................. 353 McDermott Excavating ...................................................................................... 24, 106, 107, 184, 218, 416, 464 McDonald, Bryan ......................................................................................................................................... 104 McDonald, Dan ............................................................................................................................. 175, 201, 291 McDonald, Francis .................................................................................................................................. 85, 102 McDonald, Rob ............................................................................................................................................ 159 McDonough, John J. and Frances M. .............................................................................................. 194, 195, 239 McGhee, Deacon Dave ................................................................................................................................. 313 McGovern, Bill ............................................................................................................................................. 281 McGraw-Hill Companies, Inc. ................................................................................. 109, 182, 222, 237, 238, 347 Development Agreement Port of Dubuque Complex .................................................................................. 237 Development Agreement Setting Public Hearing ........................................................................................ 193 McKenna, Cindy ................................................................................................................................... 141, 443 McKinlay, Michelle ................................................................................................................................ 92, 105 McMahon, James .......................................................................................................................................... 423 McMahon, Michael ....................................................................................................................................... 104 McMullen, Kathleen ......................................................................................................................... 24, 89, 398 2006 INDEX Book 136 McNamer, Martin .............................................................................................. 74, 154, 155, 199, 200, 241, 243 Mechanical Code Board .................................................................................................................................. 22 See Mediacom......................... 24, 43, 87, 89, 166, 182, 216, 256, 282, 314, 331, 336, 398, 412, MCC Iowa, LLC Mediacom System Maps & Corporate Organizational Chart ....................................................................... 398 System Upgrade ........................................................................................................................................ 336 Medical Associates ............................................................................................ 58, 173, 174, 271, 272, 273, 277 Melendez, Hiram .................................................................................................................................. 198, 228 Mercy Health Center ................................................................................................................................. 58, 69 Merkes, Kevin J. ............................................................................................................................................. 88 Merz Street and Althauser Street – Request for Stop Signs ................................................................................ 7 Metcalf, Rhonda ........................................................................................................................................... 281 Meyer, Ricky ................................................................................................................................................ 299 Meyer, Shelli ................................................................................................................................................ 359 Meyers, Carol A., A & B Tap, Inc .................................................................................................................. 12 Mid America Housing Partnership ................................................................................................................... 86 Middle Road ......................................................................................................................................... 335, 441 Midwest Bluffland Ordinances ...................................................................................................................... 148 Mihalakis, Libby ............................................................................................................................................. 38 Mihalakis, Michelle .................................................................................................................................. 13, 51 Mihalakis, Phil .............................................................................................................................................. 405 Mihm-Herold, Wendy ................................................................................................................................... 183 Miller Enterprises ......................................................................................................................................... 168 Miller Road ................................................................................................................................... 154, 200, 242 Miller, Beverly ............................................................................................................................................. 225 Miller, Charles .............................................................................................................................................. 228 Miller, Claire ........................................................................................................................................ 308, 321 Miller, Julie .................................................................................................................................................. 360 Miller, Larry and Del .................................................................................................................................... 180 Miller, Sheila ................................................................................................................................................ 360 Miller-Riverview Park................................................................................................................................. 2, 87 Electrical Service ......................................................................................................................................... 2 Mills, Gordy, Durrant Group CEO ................................................................................................................. 415 Mini Bus Contracted Services ............................................................................................................... 384, 400 Transfer of Contracts ................................................................................................................................. 384 Mission Creative ........................................................................................................................................... 167 Mississippi River Commission ...................................................................................................................... 299 Mississippi Riverwalk ................................................................................................................................... 271 Mississippi Valley Running Association ........................................................................................................ 183 Mocanu, Tiberius Daniel ................................................................................................................................. 20 Molly’s Pub .................................................................................................................................................... 27 Molo Oil Company ........................................................................................................... 44, 258, 259, 369, 443 Monahan, Kristy ........................................................................................................................................... 149 Monitoring Well Installation ......................................................................................................................... 419 Moore, Ken .................................................................................................................................................... 54 Moracco, Inc., The ........................................................................................................................................ 469 Morales, Stephenie ........................................................................................................................................ 359 Morning Optimists ........................................................................................................................................ 162 Mortgage Electronic Registration Systems, Inc. ............................................................................................. 439 Mosiman, Steve ........................................................................................................................................ 39, 48 Motor City LLC ....................................................................................... 151, 169, 187, 229, 234, 235, 303, 328 Motsch, Leslie L. ............................................................................................................................................ 47 Mouring, Jason T. ........................................................................................................................................... 88 Mozena, Andrew........................................................................................................................................... 391 Mozena, Terry L. .......................................................................................................................................... 113 MSA Professional Services, Inc. .................................................................................................................... 185 Mt. Carmel Heights ....................................................................................................................................... 465 Mt. Saint Francis ................................................................................................................................... 384, 400 Mueller, Beverly ........................................................................................................................................... 359 Mulgrew Oil Company................................................................................................................... 140, 258, 417 Multi-Cultural Center .............................................................................................................................. 57, 215 Mundell, Jami ............................................................................................................................................... 360 Municipal Fire and Emergency Service Response and Deployment Study ........................................... 38, 87, 461 Municipal Infraction Penalties Ordinance Amendment ................................................................................... 345 2006 INDEX Book 136 Municipal Services Center Construction Project ............................................................................................... 10 Munson, Kevin ................................................................................................................................................ 1 Murph’s Southend Tap .......................................................................................................................... 188, 317 Murphy, Daniel............................................................................................................................................. 359 Murphy, George.......................................................................................................................................... 5, 81 Murphy, Lynda ............................................................................................................................................. 359 Murphy, Mark .............................................................................................................................................. 104 Murphy, Pamela.................................................................................................................................... 188, 317 Murphy, Representative Pat............................................................................................................................. 70 Murphy, Robert, Attorney ............................................................................................................................... 15 Murphy-Freebolin, Lorie ................................................................................................................................. 44 Music n More Promotions ............................................................................................................................. 104 Mussman, Mr. Shannon......................................................................................................................... 336, 405 N Nadeau, Evelyn ............................................................................................................................................... 48 Nadermann, Terry ........................................................................................................................................... 88 Nagle, Jeff ................................................................................................................................................ 15, 47 Namasco Company ............................................................................................................................... 151, 152 Nash Finch Company .............................................................................................................................. 28, 305 National Association of Schools of Public Affairs and Administration Evaluator ............................................... 4 National Community Development Association ......................................................................................... 11, 28 National Dentex – Oral Arts, Inc. ................................................................................................... 384, 387, 405 National Incident Management System (NIMS) ................................................................................ 38, 148, 368 National Institute of Health Resuscitation Outcomes Consortium ............................................................. 89, 187 National League of Cities ............................................................................................ 26, 35, 184, 217, 414, 482 National Mississippi River Museum and Aquarium ......... 13, 30, 102, 104, 163, 261, 262, 276, 310, 311, 336, 466 National Park Service (NPS) ......................................................................................................................... 186 National Register of Historic Places ........................................................................................ 163, 187, 215, 299 National Trust for Historic Preservation ......................................................................................................... 218 Nationwide Advantage Mortgage Company ................................................................................................... 380 Nauman, David ................................................................................................................................................ 1 See NCR Developers, Inc. ........................ 154, 155, 199, 200, 241, 243, North Cascade Road Developers, L.L.C. Neighbor’s Tap ............................................................................................................................................. 104 Neldaughter, Stacie ....................................................................................................................................... 112 Nelms-Byrne, Cynthia ..................................................................................................................................... 11 Nemmers, Julian G........................................................................................................................................ 442 Nesler, Ferd A. ..................................................................................................................................... 281, 359 Nesler, LeNore ............................................................................................................................................. 423 Network Services Contract ............................................................................................................................ 400 Neuhaus, Timothy ........................................................................................................................................... 88 Neumeister, Mary Lynn ........................................................................................................................ 198, 228 Neustadt, Harry F. ......................................................................................................................................... 384 Ney, Marvin ................................................................................................................................................. 360 Neyens, David O. ........................................................................................................................... 194, 195, 239 Neyens, Mike................................................................................................................................................ 332 Nicholson, Dan ......................................................................................................................................... 29, 47 Nicks, Scott .................................................................................................................................................... 88 Nielsen, Christopher......................................................................................................................................... 1 See NIMS ..................................................................... 38, 58, 148, 368, National Incident Management System NoegueIra, Mauro ........................................................................................................................................... 60 Noel, Drew M. ................................................................................................................................................ 88 Non-Appropriation Language Related to Development Agreements ............................................................... 186 Noon, Joan ................................................................................................................................................... 388 Noonan’s Tap ............................................................................................................................................... 104 Norby, Gary.................................................................................................................................................. 173 North Cascade Road............................................................. 74, 146, 147, 154, 167, 199, 200, 241, 243, 350, 441 North Cascade Road Developers, L.L.C. ........................................................................................... 74, 167, 243 North Crescent Ridge ............................................................................................................... 88, 152, 172, 174 North Dubuque Addition (Excelsior Street)....................................................................................................... 2 North Dubuque Petition to Vacate Portion of Plat........................................................................................... 195 2006 INDEX Book 136 North Dubuque, Request to Vacate and Dispose of Portion of Plat .................................................................. 263 North End Wrecking ................................................................................................... 48, 93, 109, 143, 144, 368 North Fork Catfish Creek Ditch and Culvert construction ...................................................... 75, 94, 95, 114, 119 North Grandview Estates ......................................................................................................................... 44, 267 Northeast Iowa School of Music .................................................................................................................... 220 Northwest Arterial ........................... 11, 74, 138, 175, 179, 226, 227, 291, 292, 317, 346, 347, 363, 390, 419, 473 Northwest Arterial Hike/Bike Trail Project ..................................................................................... 226, 291, 317 Nowack, Craig ................................................................................................................................................ 40 Nowata Street Parking ................................................................................................................................... 147 Nowata Street Reconstruction Project .................................................................................................... 416, 417 NPDES ............................................................................................................................................. 12, 39, 102 Nussle, Congressman Jim ......................................................................................................... 89, 185, 218, 314 Nyheim, Barbara ........................................................................................................................................... 359 O O’Meara, Dawne........................................................................................................................................... 152 O’Toole, Sherry ............................................................................................................................................ 359 Oak Court ...................................................................................................................................... 403, 436, 437 Oak Park Place ...................................................................................................................... 173, 174, 281, 465 Oakland, Reverend Jerry E. ........................................................................................................................... 359 Oberbroeckling, Chris M. ................................................................................................................................ 88 Oberhausen, John .......................................................................................................................................... 332 Oberhoffer, Steven R. ..................................................................................................................................... 88 Odefey, Brian ........................................................................................................................................... 87, 88 Okay Doky #21............................................................................................................................................... 12 Oky Doky ........................................................................................... 28, 141, 167, 168, 223, 225, 259, 318, 443 Oky Doky #1 ................................................................................................................................................ 167 Oky Doky #2 ................................................................................................................................................ 167 Oky Doky #8 ................................................................................................................................... 28, 141, 225 Old Highway Road ................................................................................................... 11, 245, 317, 322, 423, 441 Old Main Historic District Sidewalks............................................................................................................... 56 Olive Garden ................................................................................................................................................ 153 Olk, Douglas G. ............................................................................................................................................ 382 Olson, Chris....................................................................................................................... 57, 61, 149, 198, 228 Olson, Dave .................................................................................................................................................. 309 Olson, Representative Rick ............................................................................................................................. 70 Olympic Heights Road ...................................................................................................................... 48, 93, 109 O'Meara, Dawne ........................................................................................................................................... 173 One Flight Up ....................................................................................................................................... 285, 385 One Ummah Consulting ...................................................................................................................... 54, 83, 87 Ooh La La .................................................................................................................................................... 188 Operating Engineers’ Collective Bargaining Agreement ................................................................................. 333 Local #758 Public Safety Dispatchers Work Week ..................................................................................... 333 Operation New View ....................................................................................................................... 58, 219, 416 See Operations and Service Center Project ....................................................... Municipal Services Center Project OPN Architects ............................................................................................................................................. 162 Ordinance 01-06 Amending Code of Ordinances Prohibiting Parking on Designated Streets or Portions Thereof by Adding a Portion of Dell Street ................................................................................................................. 6 02-06 Amending the Code of Ordinances Providing for the Addition of Stop Signs on Merz Street at Althauser Street ....................................................................................................................................................... 7 03-06 Providing that the First Regular Meeting of the City Council in July, 2006, shall be July 5, 2006 .......... 7 04-06 Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances by Reclassifying Hereinafter Described Property Located at 1798 Washington Street from OR Office Residential District to OS Office Service District...................................................................................... 15 05-06 Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances by Reclassifying hereinafter Described Property Located on Southern Avenue from POS Public Open Space District to R-1 Single Family Residential District ..................................................................................... 16 06-06 Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances by Reclassifying hereinafter Described Property Located at 468 E. 12th Street from Hi-Heavy Industrial District to MHI Modified Heavy Industrial District ................................................................................... 17 2006 INDEX Book 136 07-06 Amending Code of Ordinances Providing for Parking Restrictions for Semitrailers on Designated Streets or Portions thereof by Adding Certain Portions of Flint Hill and Cross Hill Drive ...................................... 19 08-06 Amending Chapter 27, Human Relations, of the City of Dubuque Code of Ordinances by Adding Two New Paragraphs to Section 27-1 Defining ................................................................................................ 31 09-06 Long Range Planning Deleting Requirement of an Appointment of Alternate City Council Member .... 35 10-06 Providing that the Second Regular Meeting of the City Council in February, 2006, shall be February 20, 2006........................................................................................................................................................ 36 11-06 Amending Code of Ordinances Approving an Amended Campus Development Plan for the New Athletic and Wellness Center for the Loras College ID-Institutional District .............................................. 49 12-06 Establishing the Garfield Place II Urban Revitalization Area as an Urban Revitalization Area Pursuant to Chapter 404 of the Code of Iowa .............................................................................................................. 51 13-06 Establishing the Manasseh House Urban Revitalization Area as an Urban Revitalization Area Pursuant to Chapter 404 of the Code of Iowa .......................................................................................................... 51 14-06 Amending Appendix A Emerald Acres No. 2 PUD ............................................................................. 52 15-06 Amending Chapter 18 Electricity Section/Increasing the Number of Members from 5 to 7 and Providing for Regular and Special Meetings and Definitions .................................................................................... 55 16-06 Amending the Code of Ordinances Providing for the Addition of a Stop Sign at Heeb St. and W. 17th St. ............................................................................................................................................................... 56 17-06 Fixing Water Rates for Residential, Commercial, Industrial, other uses ............................................... 62 18-06 Fixing Water Rates for Fire Sprinkler Service..................................................................................... 62 19-06 Establishing Basic Sewer Rates for Residential, Commercial Users by Increasing Rates ...................... 63 20-06 Defining Food Scraps and Other Compostable Materials..................................................................... 63 21-06 Establishing Charges for the Collection and Disposal of Solid Waste Materials ................................... 64 22-06 Establishing Rules and Charges for the Collection and Disposal of Food Scraps and Other Household Compostable Materials with Yard Waste .................................................................................................. 66 23-06 SFU Rate, Charges, Utility Revenues ................................................................................................. 67 24-06 Meters - Time and Fee Schedules for Specific Lots ............................................................................. 67 25-06 Establishing Special Use Fees for the Municipal Parking Garages ....................................................... 68 26-06 Exterior Storage Containers/Storage Trailers - Establishing Requirements for Use ............................... 82 27-06 Rezoning 600 Mazzuchelli Drive ....................................................................................................... 97 28-06 Rezoning 55 W. 32nd Street, North End Wrecking ........................................................................... 143 29-06 Prohibiting Parking on Designated Streets by Deleting Nowata Street ............................................... 147 30-06 Reclassifying 3219 Asbury Road ..................................................................................................... 159 31-06 Hunting and Target Practice Permitted within Corporate City Limits ................................................. 159 32-06 Prohibiting the Issuance of Building Permits for the Construction of Ethanol Plants, Ethanol Processing Facilities ............................................................................................................................................... 160 33-06 Rezoning 605 Peru Road to Light Industrial ..................................................................................... 174 34-06 Revised PUD for Dubuque Industrial Center Phases I & II, Hwy 32 and Chavenelle Road ................. 175 35-06 Reclassifying Property at Sylvan and Bies Drives ............................................................................. 180 36-06 Permit Issuance Prohibited During Consideration of Zoning Reclassification Text Amendment Providing for Waivers............................................................................................................................ 182 37-06 Display of Advertising Material Amendment (Public Right of Way) ................................................. 183 38-06 Historic Preservation Individual Designation of Historic Properties ................................................... 203 39-06 Extend a Moratorium Issuance of Permits for Iowa 32 South West Arterial Corridor ......................... 216 40-06 Approving Amendment Cable Franchise Agreement City of Dubuque and MCC Iowa LLC .............. 216 41-06 Prohibiting Keeping Cats/Dogs on Unoccupied Residential Property ................................................. 217 42-06 Request by Durrant Group to Reclassify 593 Hill Street .................................................................... 229 43-06 Reclassifying Property at 210 Jones Street ........................................................................................ 229 44-06 Reclassifying Property North of Plaza Drive Adopting Development Plan Motor City LLC ............... 230 45-06 Reclassifying Property at 13518 Derby Grange Road Butler Annexation ........................................... 233 46-06 Amending Text Extend Moratorium for Site Plan and Rezoning Applications in Iowa 32 SW Arterial Corridor ................................................................................................................................................ 238 47-06 Amendment to Extend Moratorium for Subdivision Plats in Iowa 32 SW Arterial Corridor ................ 239 48-06 Reclassifying Property North Cascade Road Concurrent with Annexation NCR Developers .............. 241 49-06 Reclassifying Property North Cascade Road & Edval Lane ............................................................... 241 50-06 Reclassifying Property West of Miller Road (Henschel).................................................................... 242 51-06 Establishing Quorum for Cable TV Community Teleprogramming Commission Meetings................. 246 52-06 Licensing Vacant and Abandoned Buildings ..................................................................................... 247 53-06 Demolition Permits in Conservation Districts to Prohibit Demolition by Neglect ............................... 269 54-06 Enacting New Chapter 34 Parks and Recreation ............................................................................... 270 55-06 Reclassifying Property South of Derby Grange Road Concurrent with Annexation ............................ 293 56-06 Deletion of Yield Signs on Rosedale Ave. at No. Grandview and W. Locust Street ............................ 297 57-06 Prohibiting Parking on Designated Streets or Portions by adding Keymont Drive .............................. 309 2006 INDEX Book 136 58-06 Reclassifying Property at 4905 Old Highway Road ........................................................................... 322 59-06 Reclassifying Property Located on Seippel Court (Lammers) ............................................................ 322 60-06 Amending Penalties for Civil Infractions Increasing Amount of Penalties.......................................... 345 61-06 Reclassifying 2690 Rockdale Road (DB&T) .................................................................................... 353 62-06 Reclassifying Property at 1098 Jackson Street .................................................................................. 354 63-06 Reclassifying Property at 1331 Rockdale Road (Leitch, Heiar) .......................................................... 355 64-06 Reclassifying Property Within West 11th Street Historic District R-2 Two Family ............................ 388 65-06 Amending PUD for NW Corner of Asbury Road at NW Arterial for Asbury Plaza ............................ 390 66-06 Delinquent Cat/Dog Fees Extended Renewal Date ............................................................................ 394 67-06 Establishing Rates for Ambulance Service........................................................................................ 395 68-06 Approving 2nd Amendment, Cable Franchise Agreement, MCC Iowa, LLC (Mediacom) .................. 412 69-06 Moratorium on Construction of Ethanol/Biodiesel Plants .................................................................. 412 70-06 Adding Definition, Post Signs or Direct the Placement of Signs ........................................................ 413 71-06 Reclassifying 1108 Locust Street ..................................................................................................... 424 72-06 Adding Drive Up Automated Teller Machines as Accessory in ID District ........................................ 424 73-06 Amending ID District for University of Dubuque Amended Conceptual Design, New Facilities......... 425 74-06 Parking Violations Increasing Fines for Certain Stopping, Standing, Parking Violations .................... 438 75-06 Residential Parking Permit District Hansel Drive Between Keystone and Keymont Drives ................ 459 76-06 Building Code Amendment and Window Replacement and Alteration Policy .................................... 460 77-06 Reclassifying 1331 Rockdale Road .................................................................................................. 473 78-06 Adding Child Care as Accessory Use to R1, R2, R-2A, R3, R4, OR Districts .................................... 474 79-06 Permitted Home Occupations, Deleting Day Care Home as Permitted Home Occupation ................... 475 80-06 Define Child Care, Licensed Child Care Centers, Delete Definition for Day Care Home, Group Day Care Center ........................................................................................................................................... 475 81-06 Amending Group Day Care to Licensed Child Care Center, Floor Area Requirements ....................... 476 Organizational Development and Diversity Training for City Employees .......................................................... 54 Oriental Food & Gift ..................................................................................................................................... 140 Orwoll, Greg................................................................................................................................................. 245 Oswald, Jan .................................................................................................................................................... 16 Oswald, Lou ..................................................................................................................................... 28, 36, 162 Oswald, Shane ...................................................................................................................................... 447, 472 Otto, Deacon J.C. .......................................................................................................................................... 113 P P & L Venture, LLC ...................................................................................................................... 384, 387, 405 P.M.S.T., Inc. ............................................................................................................................................... 351 P.S. I Love You, Inc. ............................................................................................................................. 400, 401 Pacholke, Reverend, David............................................................................................................................ 332 PACR, Ltd. ................................................................................................................................................... 401 Palen, Elaine ................................................................................................................................................. 332 Panchero’s Mexican Grill .............................................................................................................................. 104 Pandemic Influenza Plan ....................................................................................................................... 331, 336 Para-Transit Rate Increase ..................................................................................................................... 226, 263 Park and Recreation Advisory Commission ...... 16, 22, 69, 162, 218, 228, 263, 270, 274, 275, 276, 277, 278, 279, 281, 380, 396, 439 Park Division ............................................................................................................................................ 40, 60 Park Farm Winery ......................................................................................................................................... 104 Park, Robert.................................................................................................................................................. 384 Parking Division ....................................................................................................................................... 57, 60 Parking Enforcement Handheld Units ............................................................................................................ 222 Parking Ramps - Iowa and Locust Streets ............................................................................. 76, 94, 96, 121, 126 Parking Violation Fine Increases (for certain stopping, standing, and parking violations)................................. 437 Parks - Open Season and Hours Generally ..................................................................................................... 273 Parks, Bryce ......................................................................................................................................... 263, 289 Paro Foods............................................................................................................................................ 140, 225 Partners in the Dubuque Continuum of Care .................................................................................................. 111 Patterson, Tim .............................................................................................................................................. 349 Paul’s Tavern ........................................................................................................................................ 226, 332 Paulsen, Greg................................................................................................................................................ 174 Pauly, Bill....................................................................................................................................................... 48 Pauly, Jeannine ............................................................................................................................................. 252 2006 INDEX Book 136 Pavement Marking Project Service Contract 2006 .......................................................................................... 257 Peacock, Robert ............................................................................................................................................ 424 Pedestrian Wayfinding Sign Program ...................................................................................................... 86, 167 Consultant Selection .................................................................................................................................. 167 Request for Proposals .................................................................................................................................. 86 PEG Access Capital Grant Expenditure ................................................................. 27, 43, 87, 166, 256, 314, 468 Pena, Alexandro.............................................................................................................................................. 37 Penalty Box, The .................................................................................................................................. 141, 443 People for the Ethical Treatment of Animals .................................................................................................. 252 Peosta Channel Bridge .................................................................................................................................. 398 Peosta, City of, Land Use Plan ...................................................................................................................... 187 Pepper Sprout ....................................................................................................................................... 443, 444 Performance Report 2005-2006 ..................................................................................................................... 330 Perry Construction ........................................................................................................................... 41, 400, 466 Perry, Gene ............................................................................................................................................. 92, 105 Persaud, Dr. Winston, Professor .................................................................................................................... 463 Peru Road ................................................................................................................. 93, 100, 174, 175, 210, 441 Peterson, Sister Joy ....................................................................................................................................... 332 Pfohl, Kevin ................................................................................................................................................... 93 See Phyllrich Drive ................................................................................ 397, Residential Parking Permit District Pickel, Brittany ............................................................................................................................................. 359 Pickel, Gerald ............................................................................................................................................... 299 Pike, Kevin ................................................................................................................................................... 298 Pillard, Jennifer ............................................................................................................................................. 359 See Pine Box, LLC 386, 393, 402, 403, 406, 434, 435, 436, John Gronen, Washington Court, Cresent Community Health Center Pins, Dave ...................................................................................................................................................... 16 Pizza Hut ...................................................................................................................................................... 188 Pizza Ranch .................................................................................................................................................. 167 PJ’s ................................................................................................................................................................ 74 Planning Services Department ............................................................................................ 57, 61, 230, 303, 425 Plastic Center, Inc. ................................................................................................................................ 259, 285 Platinum Holdings LLC ................................................................................................................................ 421 Platinum Hospitality ..................................................................................................................................... 337 Players Sports Bar ......................................................................................................................................... 305 Plaza 20 BP Amoco ....................................................................................................................... 225, 420, 421 Plein, John J.......................................................................................................................................... 308, 322 Ploessl, Aaron ............................................................................................................................................... 359 Plumbing Board ................................................................................................................................ 9, 380, 439 Point Restaurant ............................................................................................................................................ 401 Police Department............................................................................................ 6, 38, 60, 137, 245, 331, 400, 439 Policy Agenda for 2006-2007 ........................................................................................................................ 331 Policy Guidelines for FY 2008 ...................................................................................................................... 438 Pollution Prevention Intern Program (P2) ...................................................................................................... 468 Pool, Tattoo and Tanning Program 28E Agreement ........................................................................................ 420 Port of Dubuque...... 13, 19, 74, 86, 91, 109, 139, 140, 142, 143, 153, 154, 167, 181, 187, 190, 191, 194, 216, 222, 223, 237, 254, 258, 274, 276, 279, 285, 290, 291, 317, 329, 331, 333, 345, 350, 379, 394, 398, 399, 403, 404, 444, 445, 458, 459, 468, 480 750 Car Parking Ramp Negotiations with DCHS ........................................................................................ 480 Durrant Consultant Services for Enhancements Associated to McGraw Hill ................................................ 258 Ice Harbor Transient Boat Dock Facility Project .......................................................................................... 74 Master Plan ............................................................................................................................................... 329 Park, Outdoor Plaza and Parking Lot Enhancements................................................................................... 187 Parking Lot No. #1 Project .................................................................................................................. 91, 142 Parking Lot No. #1 Reconstruction and Landscaping Project ................................................. 91, 167, 398, 399 Project Review Process ............................................................................................................................. 379 Storm Sewer at 5th and Bell Street Project ................................................................................................. 403 Storm Sewer Extension – Phase V Project .................................................................................................. 458 Port of Dubuque Adams Development LLC ................................................................................................... 444 Port of Dubuque Development, LLC ............................................................................................................... 19 Portside Building .................................................................................................................................. 276, 379 Portzen Construction .................10, 23, 111, 142, 143, 158, 165, 166, 220, 221, 309, 310, 343, 344, 393, 398, 410 Postage Machine Lease Agreement................................................................................................................ 368 2006 INDEX Book 136 Potter, Lee W. ............................................................................................................................................... 225 Potter, Scott .............................................................................................................................................. 48, 50 Potter, Sr., Lee Potter ...................................................................................................................................... 28 Potts, Barb ...................................................................................................................................................... 85 Powers, Jerry T. .............................................................................................................................................. 88 Prescott School ............................................................................................................................................. 102 Prescott School New signals at 11th and12th Streets ...................................................................................... 102 Preserve America Grant ................................................................................................................................ 186 Priest, John B. and Dana M. .................................................................................................................. 319, 341 Prince Street Purchase of 2305 ...................................................................................................................... 361 Prince Street Purchase of 2307 ...................................................................................................................... 361 Proclamations Apples for Students ................................................................................................................................... 184 Arts and Humanities Month ....................................................................................................................... 359 Assisted Living Week ............................................................................................................................... 332 Bike Safety Month .................................................................................................................................... 162 Building Safety Week ............................................................................................................................... 149 Business Professionals of America Week ..................................................................................................... 41 Community Development Week ................................................................................................................ 113 Constitution Week..................................................................................................................................... 346 Cory Bowman Week ................................................................................................................................. 298 Credit Education Week.............................................................................................................................. 101 Crop Walk Day ......................................................................................................................................... 346 Days of Remembrance of the Victims of the Holocaust .............................................................................. 101 Disability Employment Awareness Month ................................................................................................. 346 Dubuque County Fair Week ...................................................................................................................... 281 Dubuque Drum and Bugle Corps ............................................................................................................... 218 Employ Older Workers Week .................................................................................................................... 346 Energy Star “Change a Light” Day ............................................................................................................ 359 Gannon Center Appreciation ....................................................................................................................... 85 Girl Scouts of Little Cloud Council’s 70th Anniversary Day ....................................................................... 113 Historic Preservation Month ...................................................................................................................... 149 Hospice Care Month.................................................................................................................................. 396 Iowa Great Places ..................................................................................................................................... 396 Iowa POW – MIA Recognition Day .......................................................................................................... 332 Irish Hooley Day ....................................................................................................................................... 346 Jaycees Week ............................................................................................................................................... 9 KDTH Day ............................................................................................................................................... 149 Make a Will Month ................................................................................................................................... 359 Martin Luther King, Jr. Days ........................................................................................................................ 1 Mental Health Association Day ................................................................................................................. 346 Mental Health Month ................................................................................................................................ 149 Mental Retardation Awareness Month ......................................................................................................... 69 New Homes Month ................................................................................................................................... 101 Nursing Home Month ................................................................................................................................ 162 Parent Leadership Month ............................................................................................................................. 22 Parents Who Host, Lose the Most, Don’t be a Party to Underage Drinking Month ....................................... 149 Public Health Week................................................................................................................................... 101 Public Safety Memorial Day ...................................................................................................................... 332 Responsible Gaming Week ........................................................................................................................ 298 Save for Retirement Week ......................................................................................................................... 380 Support the International Dragon Boat Days .............................................................................................. 332 Tour de Dubuque Day ............................................................................................................................... 298 Trick-or-Treat Night .................................................................................................................................. 359 United States Army Week ......................................................................................................................... 184 United Way Campaign .............................................................................................................................. 281 Week Without Violence ............................................................................................................................ 359 World Wide Day of Play ........................................................................................................................... 346 Year of the Shot Tower ................................................................................................................................ 9 Professional Auditing Services ........................................................................................................................ 26 Progressive Insurance.................................................................................................................................... 359 Project Concern ....................................................................................................................... 58, 136, 218, 219 See Proposed Land Use Map .................................................. 235, 243, 244, 245, 295, 472, Comprehensive Plan 2006 INDEX Book 136 Prospect Pizza LTD (Pizza Hut) .................................................................................................................... 188 Prosperity Eastern Iowa Marketing Efforts ..................................................................................................... 303 Prudential Retirement Insurance and Annuity Company ................................................................................... 10 Psihoyos, Gus ..................................................................................................................................... 8, 39, 234 Public Entity Risk Services of Iowa9, 22, 41, 85, 102, 113, 149, 163, 218, 252, 281, 299, 313, 332, 346, 359, 381, 396, 416, 439, 464 Public Measure D Dubuque Co. Friends of Extension .................................................................................... 358 Public Works Department ................................................................................................................. 39, 60, 179 Puff-N-Snuff........................................................................................................................................... 27, 369 Purchase of Parking Lot at 12th & Bluff Streets ............................................................................................. 442 Purchase of Services ................................................................................................................................. 58, 61 Pusateri Enterprises ......................................................................................................................................... 28 Pyatigorsk Park .................................................................. 151, 271, 273, 278, 320, 321, 355, 356, 400, 441, 468 Q QHQ Properties .................................................................................................................................... 314, 315 Quann, Brendan T. ........................................................................................................................................ 185 Quarterly Investment Report, April - June, 2006 ............................................................................................ 304 Quarterly Investment Report, December 31, 2005 ............................................................................................ 27 Quarterly Investment Report, March 31, 2006 ................................................................................................ 152 Quasi Judicial Nature of Rezonings ............................................................................................................... 388 R R Future, Inc. ........................................................................................................................................ 225, 421 Rafters, Inc. .................................................................................................................................................... 74 Railroad Real Estate Property Acquisition Agreement Bell Street Quit Claim Deed ........................................ 185 Railroad Revolving Loan and Grant Program ................................................................................................... 26 See Rainbo Oil Company ...................................................................... 140, 153, 188, 318, 337, 443, Kwik Stop Rainbow Lounge ........................................................................................................................................... 385 Ralston, Patricia A. ....................................................................................................................................... 359 Rampson, Dean............................................................................................................................................... 47 Rans, Jesse ................................................................................................................................................. 9, 22 Rauch, Marsha .............................................................................................................................................. 359 Raysan Corp. ................................................................................................................................................ 401 REAP Committee ......................................................................................................................................... 311 Recreation Division ............................................................................................................................ 40, 60, 68 Red Robin Burgers & Spirits ......................................................................................................................... 337 Reding, Mary Jean and Steve.......................................................................................................... 234, 266, 293 Rediscover Downtown Certificate of Recognition .......................................................................................... 280 Reed, Robert ................................................................................................................................................. 360 Refunding of General Obligation Bonds .......................................................................................................... 76 Regency Iowa, Inc. ....................................................................................................................................... 332 Regency Thermographers .............................................................................................................................. 332 Region 1 Workforce Investment Board .......................................................................................................... 183 Regional Transportation Authority (RTA).............................................................................................. 384, 400 Regional Workforce Investment Board ...................................................................................................... 21, 56 Relocation Services for Bee Branch Realignment Project ............................................................................... 335 Request Release of Funds for Community Development Block Grant ............................................................. 150 Request to Rezone 1331 Rockdale Road (Leitch, Heiar) ................................................................................. 355 Request to Rezone 4905 Old Highway Road .................................................................................................. 322 Request to Rezone Property at 1098 Jackson Street ........................................................................................ 354 Request to Rezone Property on Seippel Court (Brian Lammers) ..................................................................... 322 Request to Vacate – Unnamed Street Between 640 and 650 Kane Street ......................................................... 469 Rescue Mission ............................................................................................................................................... 58 Residential Parking Permit District Hansel Drive ..................................................................................................................................... 336, 459 Hansel Drive Between Keystone Drive and Keymont Drive........................................................................ 405 Lincoln School Area.................................................................................................................................... 11 Phyllrich Drive and Keymont .................................................................................................................... 397 Vizaleea / Keymont Drive Area .................................................................................................. 149, 187, 308 2006 INDEX Book 136 Vizaleea and Keymont Drives ................................................................................................................... 286 th West 16 Street / Catherine Street................................................................................................................ 27 Resolution 001-06 Accepting Improvements in North Dubuque Addition ........................................................................ 2 002-06 Accepting Improvement Miller Riverview Park Electrical Service Phase II Project ............................. 2 003-06 Final Estimate Miller Riverview Park Electrical Service Phase II Project ............................................ 2 004-06 Accepting the 2005 Asphalt Paving Project FY 2006 ......................................................................... 3 005-06 Final Estimate 2005 Asphalt Paving Project FY 2006 ........................................................................ 3 006-06 Authorizing Notice No Significant Impact Intent to Release Funds Washington Neighborhood Park Project ..................................................................................................................................................... 3 007-06 Applications for Beer Permits January 3, 2006................................................................................... 4 008-06 Liquor Licenses January 3, 2006 ....................................................................................................... 4 009-06 Resolution of Intent to Vacate and Dispose of City Interest in Lot 1B, Block 5, River Front Subdivision No. 3 in the City of Dubuque, Dubuque County, Iowa ............................................................................... 5 010-06 Establishing Fair Market Value for the Acquisition of an Easement for a Sanitary Sewer Lift Station on Real Property John P. and Pamela J. Gartner Servicing Arbor Estates and Surrounding Areas ..................... 6 011-06 Authorizing the Execution of a CEBA Loan Agreement with Prudential Retirement Insurance and Annuity Company and a City Economic Development Loan ..................................................................... 10 012-06 Accepting the Municipal Services Center Project .............................................................................. 10 013-06 (Number not used) ........................................................................................................................... 11 014-06 Rescinding Resolution Number 5-06, Setting the Final Estimate 2005 Asphalt Paving Project (FY2006) ............................................................................................................................................................... 11 015-06 Final Estimate 2005 Asphalt Paving Project FY 2006 ....................................................................... 11 016-06 Approving the Final Plat of Lots 1 Thru 3, Inclusive of Kunde Place No. 2 in Dubuque County, Iowa 11 017-06 Beer Permits January 17, 2006 ......................................................................................................... 12 018-06 Liquor License January 17, 2006 ...................................................................................................... 12 019-06 Resolution of Intent to Dispose of an interest in Real Property by Lease Agreement with Dubuque County Historical Society ........................................................................................................................ 12 020-06 Manasseh House Urban Revitalization Plan is Necessary in the Interest of the Public Health, Safety and Welfare and Providing for a Public Hearing ............................................................................................. 13 021-06 Preliminary Approval of Plans and Specifications (2006 Curb Ramp Installation – CDBG Project Phase II) .................................................................................................................................................. 14 022-06 Fixing Date of Hearing on Plans and Specifications (2006 Curb Ramp Installation – CDBG Project Phase II) .................................................................................................................................................. 14 023-06 Ordering Bids (2006 Curb Ramp Installation – CDBG Project Phase II) ............................................ 14 024-06 Setting a Public Hearing on the Program Year 2006 (Fiscal Year 2007) Community Development Block Grant (CDBG) Annual Action Plan ................................................................................................ 14 025-06 Approving Plat of Proposed Vacated Portion of Kerper Boulevard in Block 5 of River Front Subdivision No. 3 .................................................................................................................................... 17 026-06 Vacating a Portion of Kerper Boulevard in Block 5 of River Front Subdivision No. 3 ........................ 17 027-06 Disposing of City Interest in Lot 1B Block 5, River Front Subdivision No. 3 in the City of Dubuque, Dubuque County, Iowa ............................................................................................................................ 18 028-06 Approving the Selection of a Developer for the Dubuque Start Brewery Building and Site ................. 19 029-06 Adopting the Five-Year Street Construction Program for Fiscal Years 2007-2011 ............................. 20 030-06 Accepting the Synergy Court DICW - Street and Utilities Construction Project ................................. 23 031-06 Final Estimate Synergy Court DICW Street and Utilities Construction Project ................................... 23 032-06 Accepting the 6th & 7th Street Reconstruction and the Washington Park Renovation ......................... 23 033-06 Final Estimate 6th & 7th Street Reconstruction and Washington Park Renovation ............................. 24 034-06 Accepting the Lindberg Terrace and Eagle Street Sanitary Sewer Reconstruction Project ................... 24 035-06 Final Estimate Lindberg Terrace and Eagle Street Sanitary Sewer Reconstruction Project .................. 24 036-06 Approving the Fiscal Year 2006 (Program Year 2005) Annual Plan Amendment 3 for Community Development Black Grant (CDBG) Funds ................................................................................................ 25 037-06 Approving the Submittal of an Application for the Historic Resource Development Program (HRDP) Grant Funds to the State Historical Society of Iowa for Downtown Dubuque Design Guidelines Phase 1 (Streetscape/Landscape Guidelines) ............................................................................................. 25 038-06 Authorizing the Filing of an Application to the Iowa Department of Transportation ........................... 26 039-06 Beer Permits February 6, 2006 ......................................................................................................... 28 040-06 Liquor Licenses February 6, 2006 .................................................................................................... 28 041-06 Setting the Date for the Public Hearing on the Fiscal Year 2007 Budget for the City of Dubuque ....... 29 042-06 Setting the Date for the Public Hearing on the Five-Year Capital Improvement Program for Fiscal Years 2007 Through 2011 for the City of Dubuque ................................................................................... 29 043-06 Disposing of an Interest in Real Property by Lease Agreement to the Dubuque County Historical Society .................................................................................................................................................... 30 2006 INDEX Book 136 044-06 Approving the Appointment of Crenna M. Brumwell as Assistant City Attorney for the City of Dubuque ................................................................................................................................................. 30 045-06 Authorizing Application to the General Services Administration for Historic Monument Conveyance of the Federal Building to the city of Dubuque.............................................................................................. 34 046-06 Adopting the Final Assessment Schedule for the 2005 Sidewalk Assessment Project Bid #2 .............. 41 047-06 Accepting the Deed to Certain Real Estate in Dubuque County, Iowa, from the Iowa Department of Transportation ......................................................................................................................................... 42 048-06 Approving Residential Property Tax Exemption Applications Submitted by Property Owners in Recognized Urban Revitalization Areas and Authorizing the Transmittal of the Approved Applications to the City Tax Assessor .............................................................................................................................. 43 049-06 Beer Permits February 20, 2006 ....................................................................................................... 44 050-06 Liquor Licenses February 20, 2006 .................................................................................................. 44 051-06 Preliminary Approval Plans/Specs Hawthorne Street Generator, Maus Lake Generator, Bee Branch Floodwall Pumping Station Projects ......................................................................................................... 44 052-06 Fixing Date of the Hearing on Plans/Specs Hawthorne Street Generator, Maus Lake Generator, Bee Branch Pumping Station Improvement Projects ........................................................................................ 45 053-03 Ordering Bids Hawthorne Street Generator, Maus Lake Generator, Bee Branch Pumping Station Improvement Projects .............................................................................................................................. 45 054-06 Preliminary Approval of Plans/Specs Alta Vista/Carlotta Street Reconstruction Project ..................... 45 055-06 Fixing Date of Hearing on Plans and Specifications Alta Vista/Carlotta Street Reconstruction Project 45 056-06 Resolution of Necessity Alta Vista/Carlotta Street Reconstruction Project ......................................... 46 057-06 Fixing Date of Hearing on Resolution of Necessity Alta Vista/Carlotta Street Reconstruction Project . 46 058-06 Approving Preliminary Schedule of Assessments Alta Vista/Carlotta Street Reconstruction Project ... 47 059-06 Ordering Bids Alta Vista/Carlotta Street Reconstruction Project ........................................................ 47 060-06 Adopting Plans/Specs 2006 Curb Ramp Installation – CDBG Project, Phase II .................................. 53 061-06 Awarding Construction Contract for the 2006 Curb Ramp Installation – CDBG Project, Phase II ....... 54 062-06 Approving Contract with Kluck Const. for 2006 Curb Ramp Installation – CDBG Project, Phase II ... 54 063-06 Approving the FY 2007 Operating Budget, Assisted Housing Programs ............................................ 59 064-06 Adopting the City of Dubuque FY 2006 Annual Budget ................................................................... 61 065-06 Adopting the City of Dubuque Five-Year Capital Improvement Program........................................... 61 066-06 Adopting the FY 2007 (Program Year 2006) CDBG Annual Plan ..................................................... 61 067-06 Accepting Bergfeld Recreation Area Development Project ................................................................ 71 068-06 Final Estimate Bergfeld Recreation Area Development Project ......................................................... 71 069-06 Accepting Five Flags Center HVAC, Phase II Project ....................................................................... 71 070-06 Final Estimate Five Flags Center HVAC Phase II Project.................................................................. 71 071-06 Accepting Five Flags Renovation Project ......................................................................................... 72 072-06 Final Estimate Five Flags Renovation Project ................................................................................... 72 073-06 Establishing Fair Market Value, 655 Gillespie Street ........................................................................ 72 074-06 Acquisition of 3 Parcels at the NW Corner of 18th & Washington Streets .......................................... 73 075-06 Beer Permits .................................................................................................................................... 74 076-06 Liquor Licenses March 6, 2006 ........................................................................................................ 74 077-06 Liquor Licenses March 6, 2006 ........................................................................................................ 74 078-06 Fixing Date for Issuance of GO Bonds (Stormwater Projects) ........................................................... 75 079-06 Fixing Date for Issuance of GO Urban Renewal Bonds (Iowa/Locust Parking Ramps Restoration) ..... 76 080-06 Fixing Date for Issuance of GO Refunding Bonds............................................................................. 77 081-06 Preliminary Approval of Plans/Specs for Bonson Road Reconstruction Project .................................. 77 082-06 Fixing Date of Hearing on Plans/Specs for Bonson Road Reconstruction Project ............................... 78 083-06 Resolution of Necessity for Bonson Road Reconstruction Project ...................................................... 78 084-06 Fixing Date of Hearing Resolution of Necessity Bonson Road Reconstruction Project ....................... 78 085-06 Preliminary Schedule of Assessments for Bonson Road Reconstruction Project ................................. 79 086-06 Ordering Bids for Bonson Road Reconstruction Project .................................................................... 79 087-06 Preliminary Approval of Plans/Specs Water Dept./Stealth Racing Building Demolition & Site Clearance ................................................................................................................................................ 79 088-06 Fixing Date of Hearing on Plans/Specs for Water Dept./Stealth Racing Building Demolition & Site Clearance ................................................................................................................................................ 79 089-06 Ordering Bids for Water Dept/Stealth Racing Building Demolition & Site Clearance ......................... 80 090-06 Preliminary Approval of Plans/Specs for Custer/Allison-Henderson Sewer/Detention Basin Project ... 80 091-06 Fixing Date of Hearing on Plans/Specs for Custer/Allison-Henderson Sewer/Detention Basin Project 80 092-06 Ordering Bids for Custer/Allison-Henderson Sewer/Detention Basin Project ..................................... 81 093-06 Filing CEBA Application on Behalf of Sedgwick Claims Management Services, Inc. ........................ 83 094-06 Accepting Conveyance of Property Lot A of Breven Place ................................................................ 85 095-06 Accepting Improvements in Asbury Plaza - Phase 2 .......................................................................... 85 096-06 Publication of No Significant Finding/Notice of Intent to Release Funds for Eagle Valley Project ...... 86 2006 INDEX Book 136 097-06 Beer Permits March 20, 2006 ........................................................................................................... 89 098-06 Liquor Licenses March 20, 2006 ...................................................................................................... 90 099-06 Preliminary Approval of Plans/Specs 2006 Asphalt Paving Project.................................................... 90 100-06 Fixing Date of Hearing on Plans/Specs 2006 Asphalt Paving Project ................................................. 90 101-06 Ordering Bids 2006 Asphalt Paving Project ...................................................................................... 90 102-06 Preliminary Approval of Plans/Specs Port of Dubuque Parking Lot No. #1 Project ............................ 91 103-06 Fixing Date of Hearing on Plans/Specs for Port of Dubuque Parking Lot No. #1 Reconst./Landscaping Project .................................................................................................................................................... 91 104-06 Ordering Bids Port of Dubuque Parking Lot No. #1 Reconstruction and Landscaping Project ............ 91 105-06 Preliminary Approval of Plans/Specs A.Y. McDonald Park Devel. Project Phase II ........................... 91 106-06 Fixing Date of Hearing on Plans/Specs A.Y. McDonald Park Devel. Phase II Project ........................ 92 107-06 Ordering Bid A.Y. McDonald Park Devel. Phase II Project ............................................................... 92 108-06 Adopting Plan/Specs Alta Vista / Carlotta Street Reconstruction Project............................................ 93 109-06 Resolution of Necessity Alta Vista / Carlotta Street Reconstruction Project ....................................... 93 110-06 Issuance of GO Bonds - Stormwater Projects .................................................................................... 94 111-06 Issuance of GO Bonds - Urban Renewal, Parking Ramp Restoration Projects .................................... 94 112-06 GO Bonds - Refunding Bonds .......................................................................................................... 95 113-06 Directing Advertisement of GO Bonds Series 2006A, 2006B, 2006C ................................................ 95 114-06 Amendment to FY 07 CDBG Annual Action Plan .......................................................................... 100 115-06 Accepting Grant of Easement - Prescott School Traffic Control Devices ......................................... 102 116-06 Accepting Improvements Harvest View Estates, Business Center .................................................... 103 117-06 Business Licenses April 3, 2006 ..................................................................................................... 104 118-06 Beer Permits April 3, 2006 ............................................................................................................. 104 119-06 Liquor Licenses April 3, 2006 ........................................................................................................ 104 120-06 Adopting Plans/Specs Bonson Road Reconstruction Project ............................................................ 105 121-06 Resolution of Necessity Bonson Road Reconstruction Project ......................................................... 105 122-06 Adopting Plans/Specs Former Water Dept./Stealth Racing Building Demolition & Site Clearance ... 105 123-06 Awarding Contract for Former Water Dept. Stealth Racing Building Demolition & Site Clearance .. 106 124-06 Approving Contract with Newt Marine Former Water Dept. Stealth Racing Building Demolition & Site Clearance .............................................................................................................................................. 106 125-06 Adopting Plans/Specs Custer/Allison-Henderson Sewer and Detention Basin Project ...................... 106 126-06 Awarding Contract Custer/Allison-Henderson Sewer and Detention Basin Project ........................... 107 127-06 Approving Contract with McDermott Excavating Custer/Allison-Henderson Sewer and Detention Basin Project ......................................................................................................................................... 107 128-06 Rejecting Bids Floodwall Pumping Station Improvement Project .................................................... 107 129-06 Directing Sale GO Bonds Series 2006A Stormwater Projects .......................................................... 108 130-06 Directing Sale GO Renewal Bonds Parking Ramp Restoration ........................................................ 108 131-06 Directing Sale of GO Refunding Bonds Series 2006C ..................................................................... 108 132-06 IDED Application McGraw-Hill Companies Financial Assistance................................................... 109 133-06 Approving Final Plat Walnut Ridge Estates Subdivision ................................................................. 110 134-06 Approving Selection of First Transit, Inc. and Authorizing Contract ................................................ 110 135-06 Awarding Contract Alta Vista – Carlotta Streets Reconstruction Project .......................................... 111 136-06 Approving Contract Portzen Const. Alta Vista – Carlotta Streets Reconstruction Project .................. 111 137-06 HUD Definition of Homelessness .................................................................................................. 111 138-06 Appointing Wells Fargo Bank as Paying Agent, Bond Registrar & Authorizing Agreement Stormwater Projects ................................................................................................................................................. 113 139-06 Authorizing Issuance of GO Bonds Series 2006A & Levying a Tax Stormwater Projects ................. 114 140-06 Appointing Wells Fargo Bank Bond Registrar, Paying Agent & Authorizing Agreement - Parking Ramps ................................................................................................................................................... 120 141-06 Authorizing Issuance of GO Urban Renewal Bonds Series 2006A & Levying Tax - Parking Ramps. 121 142-06 Appointing Wells Fargo Bank Paying Agent, Bond Registrar, Authorizing Agreement GO Refunding Bonds Series 2006C .............................................................................................................................. 128 143-06 Authorizing Issuance of GO Refunding Bonds Series 2006C & Levying Tax Essential Corporate Purpose ................................................................................................................................................. 128 144-06 Authorizing Redemption of GO Bonds Series 2000B 6/1/2000, Series 2000C 11/1/2000 and Directing Notice ................................................................................................................................................... 135 145-06 Rescinding Gannon Center cp2 Grant Transfer to Hillcrest Family Services .................................... 136 146-06 Approving Acquisition of 1570 Maple Street for Bee Branch Creek Restoration .............................. 137 147-06 Approving Acquisition of 512 Lincoln Ave for Bee Branch Creek Restoration ................................ 137 148-06 Accepting Eagle Valley Subdivision Water Main Extension Project ................................................ 138 149-06 Final Estimate Eagle Valley Water Main Extension Project............................................................. 138 150-06 Approving Application DMATS Transportation Enhancements Funding Heritage Trail Ext. Phase 2138 151-06 Awarding Contract Bonson Road Reconstruction to Horsfield Construction .................................... 139 2006 INDEX Book 136 152-06 Approving Contract Bonson Road Reconstruction with Horsfield Construction ............................... 139 153-06 28E Agreement with IDNR Boating Infrastructure Grant POD Transient Boat Docks ...................... 139 154-06 Beer Permits April 17, 2006 ........................................................................................................... 140 155-06 Liquor Licenses April 17, 2006 ...................................................................................................... 140 156-06 Setting Public Hearing for FY 06 Budget Amendment #2 ............................................................... 141 157-06 Adopting Plans/Specs 2006 Asphalt Paving Project ........................................................................ 142 158-06 Awarding Contract 2006 Asphalt Paving Project, River City Paving ............................................... 142 159-06 Approving Contract 2006 Asphalt Paving Project, River City Paving .............................................. 142 160-06 Adopting Plans/Specs Port of Dubuque Parking Lot No. #1 Project ................................................. 142 161-06 Awarding Contract Port of Dubuque Parking Lot No. #1 Reconstruction and Landscaping Project ... 143 162-06 Approving Contract Port of Dubuque Parking Lot No. #1, Portzen Construction .............................. 143 163-06 Authorizing IDED Application on Behalf of Kunkel, Bounds & Associates, Inc. ............................. 144 164-06 Approving Final Plat Eagle Valley Subdivision No. 2 ..................................................................... 145 165-06 Approving Final Plat Key City Properties Plat No. 3 ....................................................................... 145 166-06 Approving Final Plat DICW 5th Addition....................................................................................... 146 167-06 Approving Final Plat Timber Hyrst Estates ..................................................................................... 146 168-06 Notice of Intent to Release CDBG Funds FY 07 (FY 06 Programs) ................................................ 150 169-06 Accepting Improvements Pyatigorsk Park Development Project ...................................................... 151 170-06 Final Estimate Pyatigorsk Park Development Project ...................................................................... 151 171-06 Approving Urban Renewal Joint Agreement, City and Dubuque County ......................................... 152 172-06 Beer Permits .................................................................................................................................. 152 173-06 Liquor Licenses ............................................................................................................................. 153 174-06 Fixing Date of Hearing Ham House Lease Agreement ................................................................... 153 175-06 Fixing Date of Meeting Execution of Easement Interstate Power ..................................................... 153 176-06 Preliminary Approval of Plans/Specs University Avenue Culvert and Sanitary Sewer Extension Reconstruction Project ........................................................................................................................... 155 177-06 Fixing Date of Hearing Plans/Specs University Avenue Culvert and Sanitary Sewer Extension Reconstruction Project ........................................................................................................................... 155 178-06 Ordering Bids University Avenue Culvert and Sanitary Sewer Extension Reconstruction Project ..... 156 179-06 Amending Current Budget for FY Ending 6/30/06 .......................................................................... 156 180-06 Adopting Plans/Specs A.Y. McDonald Park, Phase II Construction Project ..................................... 158 181-06 Awarding Contract Portzen Const. A.Y. McDonald Park, Phase II Construction Project .................. 158 182-06 Approving Construction Contract Portzen Const. A.Y. McDonald Park, Phase II Construction Project ............................................................................................................................................................. 158 183-06 Manager Executing Contracts and Leases ....................................................................................... 161 184-06 Accepting NMRMA Great River Road Interpretive Signage Project ................................................ 163 185-06 Final Estimate NMRMA Great River Road Interpretive Signage Project.......................................... 163 186-06 Approving Wage Plan and Compensation Package Non-Bargaining FY 2007 .................................. 164 187-06 Notice of Intent to Release Funds for Step by Step Project ............................................................. 164 188-06 Accepting Improvement A.Y. McDonald Park, Phase I Project ....................................................... 165 189-06 Final Estimate A.Y. McDonald Park, Phase I Project ...................................................................... 165 190-06 Accepting Improvement Gateway Landscape Project ...................................................................... 166 191-06 Final Estimate Gateway Landscaping Project.................................................................................. 166 192-06 Business Licenses May 15, 2006 .................................................................................................... 167 193-06 Beer Permits May 15, 2006 ............................................................................................................ 167 194-06 Liquor Licenses May 15, 2006 ....................................................................................................... 168 195-06 Fixing Date of Meeting Issuance of Tax Increment Obligations, Execution of Devel Agreement Hwy 151 & 61 Devel LLC ............................................................................................................................. 168 196-06 Preliminary Approval Plans/Specs Fifth Street Reconstruction – Alpine to Delhi Project ................. 170 197-06 Fixing Date of Hearing Plans/Specs Fifth Street Reconstruction – Alpine to Delhi Project ............... 170 198-06 Ordering Bids Fifth Street Reconstruction – Alpine to Delhi Project ................................................ 170 199-06 Resolution of Necessity Fifth Street Reconstruction – Alpine to Delhi Project ................................. 171 200-06 Fixing Date Resolution of Necessity Fifth Street Reconstruction – Alpine to Delhi Project.............. 171 201-06 Schedule of Assessments Fifth Street Reconstruction – Alpine to Delhi Project ............................... 171 202-06 Preliminary Plans/Specs Five Flags Arena Fall Protection Project ................................................... 172 203-06 Fixing Date of Hearing Plans/Specs Five Flags Arena Fall Protection Project .................................. 172 204-06 Ordering Bids Five Flags Arena Fall Protection Project .................................................................. 172 205-06 Disposing of Interest in Property the DCHS (Ham House) .............................................................. 181 206-06 Dispose on Interest in Real Property by Easement to Interstate Power and Light Company .............. 181 207-06 Providing for Waiver of Permit Issuance West 11th Street Historic Preservation District.................. 183 208-06 Accepting Agreement Dubuque Firefighters Local 353 and City of Dubuque................................... 185 209-06 Accepting Conveyance of Lot 1 of Riverwalk Seventh Addition ..................................................... 186 210-06 Application to the National Park Service for Preserve America Funds for Dubuque History Trail ..... 186 2006 INDEX Book 136 211-06 Business Licenses June 5, 2006 ...................................................................................................... 188 212-06 Liquor Licenses June 5, 2006 ......................................................................................................... 188 213-06 Dispose of Interest in Real Estate Chavenelle Road Theisen Supply Warehouse .............................. 189 214-06 Dispose of Interest in Real Estate Kunkel, Bounds & Associates, Inc. Technology Park ................... 190 215-06 Dubuque Star Brewery Development Agreement and Lease Requirements, Competing Proposals .... 191 216-06 Intent to Dispose and Setting Hearing Urban Renewal Tax Increment, Development Agreement with Dubuque Screw Products, Inc. ............................................................................................................... 193 217-06 Dispose of Interest in Real Estate Development Agreement McGraw-Hill Companies ..................... 194 218-06 Approving Plat of Survey Barry [Street] Subdivision ...................................................................... 195 219-06 Intent to Vacate Interest in a Portion of Barry Street ....................................................................... 195 220-06 Approving Plat of Survey North Dubuque ...................................................................................... 195 221-06 Intent to Vacate/Dispose of Lots 413A, 598A, 598B in North Dubuque ........................................... 196 222-06 Preliminary Plans/Specs 2006 Grandview Ave. Concrete Section Repair Project ............................. 196 223-06 Fixing Date of Hearing 2006 Grandview Ave. Concrete Section Repair Project ............................... 197 224-06 Ordering Bids 2006 Grandview Ave. Concrete Section Repair Project............................................. 197 225-06 Preliminary Plans/Specs Grand River Center Fountain Sign Rehabilitation Project .......................... 197 226-06 Fixing Date of Hearing Plans/Specs Grand River Center Fountain Sign Rehabilitation Project ......... 197 227-06 Ordering Bids Grand River Center Fountain Sign Rehabilitation Project.......................................... 198 228-06 Adopting Plans/Specs Fifth Street Reconstruction – Alpine to Delhi Street Project .......................... 198 229-06 Resolution of Necessity Fifth Street Reconstruction – Alpine to Delhi Street Project........................ 199 230-06 Execution of Development Agreement HWY 151 & 61 Development Inc. ...................................... 201 231-06 Adopting Plans/Specs University Avenue Culvert Extension and Sanitary Sewer Reconstruction Project .................................................................................................................................................. 201 232-06 Awarding Contract Tschiggfrie Excavating University Avenue Culvert Extension and Sanitary Sewer Reconstruction Project ........................................................................................................................... 201 233-06 Approving Contract Tschiggfrie Excavating University Avenue Culvert Extension and Sanitary Sewer Reconstruction Project ........................................................................................................................... 202 234-06 Authorizing Award of Community Partnership Program (cp2) Funds FY 07 .................................... 215 235-06 Rescinding Dubuque Area Lifetime Center Authorizing CDBG with Hills & Dales Senior Program. 219 236-06 Awarding Contract Portzen Construction 5th Street Reconstruction Project – Delhi Street to Alpine Street .................................................................................................................................................... 220 237-06 Approving Contract Portzen Construction 5th Street Reconstruction Project – Delhi Street to Alpine Street .................................................................................................................................................... 221 238-06 Accepting Stafford Street Sanitary Sewer Reconstruction Project High Bluff to Lincoln Ave. .......... 221 239-06 Final Estimate Stafford Street Sanitary Sewer Reconstruction Project High Bluff to Lincoln Ave. .... 221 240-06 Approving Agreement with Int'l Union of Operating Engineers Local #758 ..................................... 222 241-06 Approving Plat of Survey Lots 1-2 of 2 DICW 5th Addition ........................................................... 222 242-06 Approving Plat of Survey Lots 1-2 of 5 DICW 5th Addition ........................................................... 223 243-06 Approving Plat of Survey Lots 1-2 of 1 Riverwalk 6th Addition ...................................................... 223 244-06 Execution of Contract Amendment #4 with EDA to Acquire Adams Company and Relocation ........ 223 245-06 Temporary Lease to GSA USPS for Senator Tom Harkin's Federal Building Office Space ............... 224 246-06 Business Licenses June 19, 2006 .................................................................................................... 225 247-06 Beer Permits June 19, 2006 ............................................................................................................ 226 248-06 Liquor Licenses June 19, 2007 ....................................................................................................... 226 249-06 Preliminary Plans/Specs NW Arterial Hike-Bike Trail Phase 1 Project ............................................ 226 250-06 Fixing Date of Hearing Plans/Specs NW Arterial Hike-bike Trail Phase 1 Project............................ 227 251-06 Ordering Bids NW Arterial Hike-Bike Trail Phase 1 Project ........................................................... 227 252-06 Preliminary Plans/Specs Ham House Painting Trim Project ............................................................ 227 253-06 Fixing Date of Hearing Plans/Specs Ham House Trim Painting Project ........................................... 227 254-06 Ordering Bids Ham House Trim Painting Project ............................................................................ 228 255-06 Approving Application for Voluntary Annexation Territory Owned by Motor City LLC .................. 235 256-06 Approving Development Agreement Theisen Supply Inc. DICW Chavenelle Warehouse Development ............................................................................................................................................................. 236 257-06 Approving Development Agreement Kunkel, Bounds & Associates, Inc. Technology Park .............. 236 258-06 Approving Development Agreement Dubuque Screw Products Inc. DICW...................................... 237 259-06 Approving Development Agreement McGraw-Hill Companies Riverwalk 6th Addition................... 237 260-06 Disposing of Interest in Portion of Barry Street in Barry Subdivision .............................................. 239 261-06 Approving Plans/Specs Five Flags Arena Fall Protection Project ..................................................... 240 262-06 Awarding Contract Hy-Safe Technology Five Flags Arena Fall Protection Project ........................... 240 263-06 Approving Contract Hy-Safe Technology Five Flags Arena Fall Protection Project ......................... 240 264-06 Approving Application Voluntary Annexation North Cascade Road NCR Development (McNamer)243 265-06 Approving Application for Voluntary Annexation Valentine Place (Valentine) ................................ 244 266-06 Approving Application for Voluntary Annexation Megan-Nicole Valley Subdivision (Henschel) ..... 245 2006 INDEX Book 136 267-06 Approving Final Plat Seippel Road Commercial Park Plat 2 ............................................................ 246 268-06 Liquor Licenses June 21, 2006 ....................................................................................................... 251 269-06 First Amendment to First Transit, Inc., Agreement ......................................................................... 252 270-06 Approving IDOT Iowa Clean Air Attainment Program (Devon to Menards) Traffic Signal Intelligent Transp. Improvements ........................................................................................................................... 253 271-06 Accepting United Rental Bldg. Demolition Site Clearance .............................................................. 253 272-06 Final Estimate United Rental Bldg. Demolition Site Clearance ........................................................ 253 273-06 Accepting Former Water Dept. Stealth Racing Bldg. Demotion Site Clearance ................................ 254 274-06 Final Estimate Water Department Garage Facility Demolition in Port of Dubuque ........................... 254 275-06 Accepting University Ave. Reconstruction Delhi to Alta Vista - Patching to Spruce St. ................... 254 276-06 Final Estimate University Ave. Reconstruction Delhi to Alta Vista - Patching to Spruce St. ............. 255 277-06 Preliminary Schedule of Assessments University Avenue Reconstruction Delhi to Alta Vista - Patching to Spruce St. .......................................................................................................................................... 255 278-06 Approving Acquisition of 1703 Elm Street (CHC) .......................................................................... 255 279-06 Execution of CDBG Agreement with HUD .................................................................................... 256 280-06 Approving Plat of Survey Lots 1 & 2 of 1, DICW 5th Addition ....................................................... 256 281-06 Accepting Improvement Flora Park Water System Project .............................................................. 257 282-06 Final Estimate Flora Park Water System Project ............................................................................. 257 283-06 Awarding Construction Contract 2006 Pavement Marking Project Selco Inc.................................... 257 284-06 Approving Contract 2006 Pavement Marking Project Selco Inc. ...................................................... 258 285-06 Establishing Maximum Fee for Non-Profit Temporary Signs .......................................................... 258 286-06 Cigarette Sales Renewals July 5, 2006 ............................................................................................ 258 287-06 Liquor Licenses July 5, 2006.......................................................................................................... 259 288-06 Beer Permits July 5, 2006 .............................................................................................................. 259 289-06 Intent to Dispose of Real Estate Issuance of Development Agreement and Revenue Obligations Giese Manufacturing DICW Project ................................................................................................................ 260 290-06 Preliminary Plans/Specs Cedar Street and Dog Track Wastewater Pumping Station Improvement Project .................................................................................................................................................. 260 291-06 Fixing Date of Hearing on Plans/Specs Cedar Street and Dog Track Wastewater Pumping Station Improvement Project ............................................................................................................................. 261 292-06 Ordering Bids Cedar Street and Dog Track Wastewater Pumping Station Improvement Project........ 261 293-06 Preliminary Plans/Specs NMRMA Expansion Project / Former Adams Company Building Re-Roof and Structural Repairs............................................................................................................................ 261 294-06 Fixing Date of Hearing Plans/Specs NMRMA Expansion Project / Former Adams Company Building Re-Roof and Structural Repairs .............................................................................................................. 261 295-06 Ordering Bids NMRMA Expansion Project / Former Adams Company Building Re-Roof and Structural Repairs .................................................................................................................................. 262 296-06 Preliminary Plans/Specs Highway 20 Landscaping – Phase II Project .............................................. 262 297-06 Fixing Date of Hearing Plans/Specs Highway 20 Landscaping – Phase II Project............................. 262 298-06 Ordering Bids Highway 20 Landscaping – Phase II Project ............................................................. 262 299-06 Fixing Rates for Certain Paratransit Services .................................................................................. 263 300-06 Vacating a Portion of the Plat of North Dubuque ............................................................................ 264 301-06 Disposing of Interest Lots 413 A, 598 A, 598 B of North Dubuque ................................................. 264 302-06 Adopting Plans/Specs 2006 Grandview Avenue Concrete Section Repair Project ............................ 264 303-06 Awarding Contract Horsfield Const. 2006 Grandview Avenue Concrete Section Repair Project ....... 265 304-06 Approving Contract Horsfield Const. 2006 Grandview Avenue Concrete Section Repair Project...... 265 305-06 Adopting Plans/Specs Grand River Center – Fountain Sign Rehabilitation Project ........................... 265 306-06 Awarding Contract Dubuque Sign Co. Grand River Center – Fountain Sign Rehabilitation Project .. 265 307-06 Approving Contract Dubuque Sign Co. Grand River Center – Fountain Sign Rehabilitation Project . 266 308-06 Final Plat North Grandview Estates No. 2 ....................................................................................... 267 309-06 Accepting Conveyance of USPS, Courthouse (Federal Building) .................................................... 268 310-06 Dubuque County Reimbursement for Fire Simulators at Joint Regional Training Center .................. 281 311-06 Accepting Heritage Trail Ext. Phase II Heron Pond to Jaycees Trail ................................................ 282 312-06 Final Estimate Heritage Trail Ext. Phase II Heron Pond to Jaycees Trail .......................................... 282 313-06 Accepting University Ave. Reinforced Concrete Box Culvert Ext. (RCB) Project ............................ 282 314-06 Final Estimate University Ave. Reinforced Concrete Box Culvert Ext. (RCB) Project...................... 283 315-06 Accepting 2006 Curb Ramp Installation CDBG Project Phase II ..................................................... 283 316-06 Final Estimate 2006 Curb Ramp Installation CDBG Project Phase II ............................................... 283 317-06 Acquisition of 1711 Elm Street (Community Health Center) ........................................................... 284 318-06 Housing Enterprise Zone Application to IDED for Step by Step, Inc. Project ................................... 284 319-06 Beer Permits July 17, 2006 ............................................................................................................ 285 320-06 Liquor Licenses July 17, 2006 ........................................................................................................ 285 321-06 Setting Hearing for RPPD Vizaleea and Keymont Drives ................................................................ 286 2006 INDEX Book 136 322-06 Resolution of Necessity Expanding Areas Greater Downtown Urban Renewal District .................... 286 323-06 (Number not Used) ........................................................................................................................ 288 324-06 Preliminary Plans/Specs Flora Pool Painting Project ....................................................................... 288 325-06 Fixing Date of Hearing Plans/Specs Flora Pool Painting Project ...................................................... 288 326-06 Ordering Bids Flora Pool Painting Project ...................................................................................... 288 327-06 Preliminary Plans/Specs Floodwall Pumping Facility Improvement Projects ................................... 288 328-06 Fixing Date of Hearing on Plans/Specs Floodwall Pumping Facility Improvement Projects .............. 289 329-06 Ordering Bids Floodwall Pumping Facility Improvement Projects ................................................... 289 330-06 Porto of Dubuque Brewery Development and Lease Compliance for Property Disposition ............... 290 332-06 Approving Development Agreement Sale Lot 1 of 1 DICW 5th Addition Giese Properties .............. 291 333-06 Adopting Plans/Specs NW Arterial Hike Bike Trail Project Phase I................................................. 291 334-06 Award of Contract Drew Cook NW Arterial Hike Bike Trail Project Phase 1 .................................. 292 335-06 Approving Contract Drew Cook Northwest Arterial Hike Bike Trail Project Phase 1 ....................... 292 336-06 Paint Ham House Trim Project ....................................................................................................... 292 337-06 Awarding Contract Kaiser Company Paint Ham House Trim Project ............................................... 292 338-06 Approving Contract Kaiser Company Paint Ham House Trim Project ............................................. 293 339-06 Approving Application Voluntary Annexation John W. Herrig........................................................ 295 340-06 Approving Application Voluntary Annexation Dean Butler............................................................. 295 341-06 Final Plat of Terrace Estates Third Addition ................................................................................... 296 342-06 Resolution of Support Blackhawk Area Rail Coalition's (BARC) Passenger Rail Service ................. 298 343-06 Submission of an Application for CLG Funding Phase I Archeological Investigation at Four Mounds Estate .................................................................................................................................................... 299 344-06 Adopting Security Information Policy ........................................................................................... 300 345-06 CEBA Loan Agreement with Sedgwick Claims Management Services ............................................ 301 346-06 Tri-State Community Health Center Capital and Equipment Funding FY 2007 ................................ 301 347-06 CEBA Loan Agreement with Kunkel Bounds & Associates, Inc...................................................... 302 348-06 Acquisition of Property at 1731 Elm Street for Community Health Center ....................................... 302 349-06 Plat of Survey Lot 1 and 2 of F Dubuque Technology Park (Conlon Johnson).................................. 303 350-06 Plat of Survey Dubuque Technology Park No. 2 ............................................................................. 303 351-06 Plat of Survey Lots 1 and 2 of 3 DICW 5th Addition (First Supply, LLC)........................................ 304 352-06 Cigarette Licenses August 7, 2006 ................................................................................................. 305 353-06 Liquor Licenses August 7, 2006 ..................................................................................................... 305 354-06 Intent to Dispose, Fixing Date of Hearing Urban Renewal Tax Colon Johnson Development LLC Dubuque Technology Park ..................................................................................................................... 305 355-06 Preliminary Plans/Specs US 20 Improvements (Devon to Menards) ................................................ 306 356-06 Fixing Date of Hearing Plans/Specs US 20 Capacity Improvements (Devon to Menards) ................. 306 357-06 Loras Boulevard Traffic Signalization Replacement Project ............................................................ 307 358-06 Fixing Date of Hearing Plans/Specs Loras Boulevard Traffic Signalization Replacement Project ..... 307 359-06 Ordering Bids Loras Boulevard Traffic Signalization Replacement Project ...................................... 307 360-06 Intent to Dispose, Setting Hearing First Supply LLC Development Agreement ................................ 307 361-06 Adopting Plans/Specs Cedar Street and Dog Track Wastewater Pumping Stations Improvement Project ............................................................................................................................................................. 309 362-06 Awarding Contract to Portzen Const. for Cedar Street and Dog Track Wastewater Pumping Stations Improvement Project ............................................................................................................................. 309 363-06 Approving Contract with Portzen Const. for Cedar Street and Dog Track Wastewater Pumping Stations Improvement Project ............................................................................................................................. 310 364-06 Adopting Plans/Specs NMRMA Expansion Project / Former Adams Company Building Re-Roof and Structural Repairs Project ...................................................................................................................... 310 365-06 Awarding Contract Tricon Const. for NMRMA Expansion Project / Former Adams Company Building Re-Roof and Structural Repairs Project .................................................................................................. 310 366-06 Approving Contract with Tricon for NMRMA Expansion Project / Former Adams Company Building Re-Roof and Structural Repairs Project .................................................................................................. 311 367-06 Liquor Licenses August 7, 2006 ..................................................................................................... 311 368-06 REAP Grant Application Trolley Line Trail at Eagle Point Park ...................................................... 312 369-06 Acquisition Plat Lot 1 of Dr. Q's Place Dedication to Right-of-Way Asbury Road ........................... 314 370-06 Acquisition Plat of Lot 1 AAP Place for Dedication of Right-of-Way Asbury Road ......................... 314 371-06 Approving Acquisition Plat Lot 2 Sam's Place, Accepting Dedication of ROW for Asbury Road ..... 315 372-06 Acquisition Plat of Lot 1 of Sam's Place and Dedication of Right-of-Way Asbury Road .................. 315 373-06 Acquisition Plat of Lot 1 Church Place No. 2 and Dedication of Right-of-Way for Asbury Road ...... 316 374-06 Resolution of Support Main Street Program Financial Support ........................................................ 316 375-06 Agreement with Teamsters Local Union No. 421 ............................................................................ 316 376-06 Cigarette Licenses August 21, 2006................................................................................................ 317 377-06 Cigarette Licenses August 21, 2007................................................................................................ 317 2006 INDEX Book 136 378-06 Beer Permits August 21, 2006 ........................................................................................................ 317 379-06 Liquor Licenses August 21, 2006 ................................................................................................... 318 380-06 Intent to Vacate Dispose Lot 44A Yates Subdivision Loras College ................................................ 318 381-06 Intent to Vacate Dispose of Un-named Road Rosedale near Glen Oak Street ................................... 319 382-06 Intent to Vacate Lot W Dubuque Harbor Improvement Co. (Fourth St. Ext.).................................... 319 383-06 Preliminary Plans/Specs Asbury Road Eastbound Lane Widening Project ....................................... 320 384-06 Fixing Date of Hearing Plans/Specs Asbury Road Eastbound Lane Widening Project ...................... 320 385-06 Ordering Bids Asbury Road Eastbound Lane Widening Project....................................................... 320 386-06 Preliminary Plans/Specs Pyatigorsk Park Parking Lot Project.......................................................... 320 387-06 Fixing Date of Hearing Plans/Specs Pyatigorsk Park Parking Lot Project ........................................ 321 388-06 Ordering Bids Pyatigorsk Park Parking Lot Project ......................................................................... 321 389-06 Development Agreement Sale of Lot 4, Block 1 Dubuque Tech Park Conlon Johnson Devel. LLC .. 323 390-06 Development Agreement Sale of Lot 1 of 3, DICW to First Supply, LLC ........................................ 323 391-06 Amended and Restated UR Plan for Greater Downtown Urban Renewal District ............................. 324 392-06 Adopting Plans/Specs Flora Pool Painting Project........................................................................... 325 393-06 Awarding Contract Fred Jackson Tuckpointing, Flora Pool Painting Project .................................... 325 394-06 Approving Contract Fred Jackson Tuckpointing Flora Pool Painting Project .................................... 325 395-06 Awarding Contract Kluck Construction Floodwall Pumping Facility Improvement Projects ............. 325 396-06 Adopting Plans/Specs Floodwall Pumping Facility Improvement Projects ....................................... 326 397-06 Approving Contract Kluck Construction Floodwall Pumping Facility Improvement Projects............ 326 398-06 Approving MOA Cottingham & Butler Downtown Expansion ........................................................ 326 399-06 Plat of Survey Cedar Lake East Third Addition .............................................................................. 327 400-06 Final Plat Asbury Plaza Business Park First Addition...................................................................... 327 401-06 Application Boating Infrastructure Grant Riverside Boat Pier Project Port of Dubuque .................... 328 402-06 Application for Boating Infrastructure Grant Riverside Boat Pier Project Port of Dubuque ............... 333 403-06 Agreement Management Consulting Services Springsted Utility Expense Cost Analysis Study ........ 333 404-06 Completion of Downtown Rehabilitation Loan Lower Main Devel. LLC (Weber Paper Bldg.) ........ 334 405-06 Establishing Fair Market Value for 1721 Elm Street (Troy Hansen) ................................................ 334 406-06 Approving Contract ECIA Acquisition, Relocation Assistance Services .......................................... 335 407-06 Approving Farm Lease, William and Janet Siegert .......................................................................... 335 408-06 Support of City of Asbury Intersection Improvement Project (Safe Roads to School) ....................... 335 409-06 Business Licenses September 5, 2006 ............................................................................................. 336 410-06 Beer Permits September 5, 2006..................................................................................................... 337 411-06 Liquor Licenses September 5, 2006 ................................................................................................ 337 412-06 Preliminary Plans/Specs Eagle Point Park Roofing Projects ............................................................ 337 413-06 Fixing Date of Hearing Plans/Specs Eagle Point Park Roofing Project............................................. 338 414-06 Ordering Bids Eagle Point Park Roofing Project ............................................................................. 338 415-06 Plat of Proposed Vacating Alley 16th St, 17th Street and Catherine Street (Loras College ................ 339 416-06 Vacating Alley 16th Street, 17th Street, Catherine Street (Loras College) ........................................ 339 417-06 Disposing of Interest in Lot 44A Yate's Subdivision Outlots 780, 713 (Loras College) ..................... 339 418-06 Plat of Lots D, E Rosedale Addition No. 2 Unnamed Road Rosedale Ave. Near Glen Oak Street ..... 340 419-06 Plat of Lots F, G Rosedale Addition No. 2 Unnamed Road Rosedale Ave. Near Glen Oak Street ..... 340 420-06 Vacating Unnamed Road South of Rosedale Ave. Near Glen Oak Street ......................................... 340 421-06 Disposing of Interest in Lots D, E, F, G Rosedale Addition No. 2 .................................................... 341 422-06 Plat of Proposed Vacating Fourth Street Extension ......................................................................... 341 423-06 Vacating Fourth Street Extension ................................................................................................... 342 424-06 Adopting Plans/Specs Highway 20 Landscaping Project, Phase II ................................................... 342 425-06 Awarding Contract Smith Seeding Highway 20 Landscaping Project, Phase II ................................ 342 426-06 Awarding Contract Smith Seeding Highway 20 Landscaping Project, Phase II ................................ 343 427-06 Rejecting Bids US 20 (Devon Drive to Menards) Capacity Improvements Project Traffic Signal Intelligent Transportation System ........................................................................................................... 343 428-06 Adopting Plans/Specs Loras Boulevard Traffic Signalization Replacement Project .......................... 343 429-06 Awarding Contract Portzen Const. Loras Boulevard Traffic Signalization Replacement Project ....... 343 430-06 Approving Contract Portzen Construction Loras Boulevard Traffic Signalization Replacement Project ............................................................................................................................................................. 344 431-06 Approving Agreement with Durrant Group, Inc. Design/Adaptive Use of Federal Building .............. 344 432-06 Approving FY 2006 City Street Finance Report .............................................................................. 346 433-06 Approving Application IDOT NW Arterial Bike/Hike Trail Phase 2................................................ 347 434-06 Submission of CAPER Report 2005-2006 ...................................................................................... 347 435-06 Approving Administration Operation, Maintenance Agreement with DMASWA ............................. 348 436-06 Adopting DMASWA Solid Waste Management Plan Update .......................................................... 348 437-06 Endorsing Application IDED Targeted Jobs Withholding Tax Credit Program................................. 349 438-06 Approving Acquisition of Property at 1721 Elm Street .................................................................... 349 2006 INDEX Book 136 439-06 Endorse Application to Vision Iowa RiverMax Theater, Great Rivers Center ................................... 350 440-06 Cigarette Licenses September 18, 2006 .......................................................................................... 351 441-06 Beer Permits September 18, 2006 ................................................................................................... 351 442-06 Liquor Licenses September 18, 2006 .............................................................................................. 351 443-06 Setting Date Public Hearing Budget Amendment No. 1 FY 2007 .................................................... 351 444-06 Preliminary Plans/Specs Eagle Point Park Concrete Work Project ................................................... 352 445-06 Fixing Date of Hearing Plans/Specs Eagle Point Park Concrete Work Project .................................. 352 446-06 Ordering Bids Eagle Point Park Concrete Work Project .................................................................. 352 447-06 Approving Application for Voluntary Annexation (DB&T)............................................................. 354 448-06 Adopting Plans/Specs Pyatigorsk Park Parking Lot Project ............................................................. 355 449-06 Awarding Contract River City Paving Pyatigorsk Park Parking Lot Project ..................................... 355 450-06 Approving Contract River City Paving Pyatigorsk Park Parking Lot Project .................................... 356 451-06 Adopting Plan/Specs Asbury Road Eastbound Lane Widening Project ............................................ 356 452-06 Awarding Contract Horsfield Construction Asbury Road Eastbound Lane Widening Project ............ 356 453-06 Approving Contract Horsfield Construction Asbury Road Eastbound Lane Widening Project .......... 357 454-06 Letter of Commitment Additional Actions Downtown Rehabilitation Loan German Bank Project .... 357 455-06 Approving Development Agreement Former Hartig Drug Store Project 703 Main Street .................. 357 456-06 Application to IA Dept. of Cultural Affairs, Iowa Great Places Grant .............................................. 358 457-06 Accepting Improvement Five Flags Arena Fall Protection Project ................................................... 360 458-06 Final Estimate Five Flags Arena Fall Protection Project .................................................................. 360 459-06 Acquisition of 2104 Kniest Street ................................................................................................... 361 460-06 Acquisition of 2307 Prince Street ................................................................................................... 361 461-06 Acquisition of 2305 Prince Street ................................................................................................... 362 462-06 Second Amendment Flexsteel Drainage Improvement Agreement ................................................... 362 463-06 Accepting Conveyance of Property Holliday Addition Asbury Road ............................................... 363 464-06 Accepting Conveyance Gillespie's Third Addition W. 32nd Street ................................................... 363 465-06 Accepting Conveyance Sullivan's Second Addition (Helling, Sullivan) ........................................... 363 466-06 University Ave. Reconstruction Final Schedule of Assessments Delhi, Alta Vista, Spruce Streets .... 364 467-06 Resolution of Support Dubuque Co. Friends of Extension Public Measure D ................................... 367 468-06 Filing CEBA Application Cottingham & Butler, Inc. ...................................................................... 367 469-06 Adopting NIMS Policy for City of Dubuque ................................................................................... 368 470-06 Beer Permits October 2, 2006......................................................................................................... 368 471-06 Liquor Licenses October 2, 2006 .................................................................................................... 369 472-06 Intent to Vacate Lot 1A, Block 6 River Front Subdivision No. 3...................................................... 369 473-06 Preliminary Plans/Specs Crescent Community Health Center Parking Lot Project............................ 369 474-06 Fixing Date of Hearing Plans/Specs Crescent Community Health Center Parking Lot Project .......... 370 475-06 Ordering Bids Crescent Community Health Center Parking Lot Project ........................................... 370 476-06 Preliminary Plans/Specs Villa Street Retaining Wall – Ornamental Railing Project .......................... 370 477-06 Fixing Date of Hearing Plans/Specs Villa Street Retaining Wall Ornamental Railing Project ........... 370 478-06 Ordering Bids Villa Street Retaining Wall – Ornamental Railing Project ......................................... 371 479-06 Preliminary Plans/Specs Eagle Point Bluff Scaling/Tree Removal Project ....................................... 371 480-06 Fixing Date of Hearing Plans/Specs Eagle Point Bluff Scaling & Tree Removal Project .................. 371 481-06 Ordering Bids Eagle Point Bluff Scaling & Tree Removal Project ................................................... 371 482-06 Preliminary Plans/Specs US 20 (Devon Drive to Menards) Capacity Improvements Project ............. 372 483-06 Fixing Date of Hearing Plans/Specs US 20 (Devon Drive to Menards) Capacity Improvements Project ............................................................................................................................................................. 372 484-06 Ordering Bids US 20 (Devon Drive to Menards) Capacity Improvements Project ............................ 372 485-06 Preliminary Approval Plans/Specs City Hall – First Floor Restroom Remodel Project...................... 373 486-06 Fixing Date of Hearing Plans/Specs City Hall – First Floor Restroom Remodel Project ................... 373 487-06 Ordering Bids City Hall – First Floor Restroom Remodel Project .................................................... 373 488-06Preliminary Plans/Specs Schmitt Memorial Concrete Project .......................................................... 373 489-06 Fixing Date of Hearing Plans/Specs Schmitt Memorial Concrete Project ......................................... 374 490-06 Ordering Bids Schmitt Memorial Concrete Project ......................................................................... 374 491-06 Preliminary Plans/Specs University Avenue Embankment Stabilization Project ............................... 374 492-06 Fixing Date of Hearing Plans/Specs University Avenue Embankment Stabilization Project .............. 374 493-06 Ordering Bids University Avenue Embankment Stabilization Project .............................................. 375 494-06 FY 06 First Budget Amendment ..................................................................................................... 375 495-06 Adopting Plans/Specs Eagle Point Park Roofing Project ................................................................. 377 496-06 Awarding Contract Kluck Construction Eagle Point Park Roofing Project ....................................... 377 497-06 Approving Contract Kluck Construction Eagle Point Park Roofing Project ...................................... 377 498-06 Endorse Application Vision Iowa Dubuque Co. Historical Society Portside Building Project ........... 379 499-06 Approving Final Plat US Hwy 52 Lot 1-2 and 2-2 of the West ½ of the SE ¼ Section 17, T88N R3E ............................................................................................................................................................. 381 2006 INDEX Book 136 500-06 Approving Plat of Survey Cedar Lake East Third Addition ............................................................. 381 501-06 Agreement with Teamsters Local Union No. 421 Bus Operators ..................................................... 383 502-06 Approving CEBA Loan Sedgwick Claims Management Services, Inc. ............................................ 383 503-06 Approving Plat of Survey Lots A-B of Lot 2 of 1 DICW 6th Addition P&L Venture LLC................ 384 th 504-06 Approving Plat of Survey Lot 1 and 2 of Lot B DICW 6 Addition P&L Venture LLC.................... 384 505-06 Liquor Licenses October 16, 2006 .................................................................................................. 385 506-06 Setting Hearing on Residential Parking Permit District Hansel Drive, Keystone to Keymont Drives . 385 507-06 Intent to Vacate Lot 159A, 159B Washington and Elm Streets, Crescent Community Health Center 386 508-06 Setting Hearing Date for FY 08 Budget Amendment No. 1 (Second Hearing) .................................. 386 509-06 Intent to Dispose of Property DICW P&L Venture LLC, National Dentex (Oral Art's, Inc.) ............. 387 510-06 Approving Plat for Vacated Portion of Kerper Blvd. River Front Subdivision No. 3, Airgas North Central, Inc. .......................................................................................................................................... 391 511-06 Vacating Portion of Kerper Blvd. River Front Subdivision No. 3 (Airgas North Central, Inc.) .......... 391 512-06 Disposing of Interest Lot 1A Block 6 Riverfront Subdivision No. 3 (Airgas North Central, Inc.) ...... 391 513-06 Adopting Plans/Specs Eagle Point Park Concrete Replacement Project............................................ 392 514-06 Awarding Contract Kluck Construction Eagle Point Park Concrete Replacement Project ................. 392 515-06 Approving Contract Kluck Construction Eagle Point Park Concrete Replacement Project ................ 392 516-06 Adopting Plan/Specs Crescent Community Health Center Parking Lot Project................................. 393 517-06 Awarding Contract Portzen Construction Crescent Community Health Center Parking Lot Project... 393 518-06 Approving Contract Portzen Construction Crescent Community Health Center Parking Lot Project . 393 519-06 Tier 2 Boating Infrastructure Grant, Riverside Boat Pier Project ...................................................... 394 520-06 Amended, Restated FY 2007 Annual Action Plan CDBG Funds (Program Year 2006) .................... 396 521-06 Finding of No Impact, Release of Funds, Cottingham & Butler House of China Building Project ..... 397 522-06 Accepting POD Parking Lot 1 Reconstruction and Landscaping Project .......................................... 398 523-06 Final Estimate Port of Dubuque Parking Lot #1 Reconstruction and Landscaping Project ................ 399 524-06 Accepting Flora Pool Painting Project ............................................................................................ 399 525-06 Final Estimate Flora Pool Painting Project ...................................................................................... 399 526-06 Beer Permits November 6, 2006 ..................................................................................................... 400 527-06 Liquor License November 6, 2006 ................................................................................................. 401 528-06 Fixing Date of Issuance Tax Increment Revenue Notes re Theisen Supply Chavenelle Warehouse ... 401 529-06 Intent to Dispose of Lot East Dubuque Addition re Pine Box LLC, Washington Court ..................... 402 530-06 Intent to Vacate Lot Union Addition re Oak Court at Rising Avenue ............................................... 403 531-06 Preliminary Approval of Plans, Specs POD Storm Sewer Ext. Phase V Project ................................ 404 532-06 Fixing Date Plans/Specs POD Storm Sewer Ext. Phase V Project .................................................... 404 533-06 Ordering Bids POD Storm Sewer Improvements Phase V Project ................................................... 404 534-06 Development Agreement DICW 6th Addition, P&L Venture LLC, National Dentex Oral Arts, Inc. . 405 535-06 Amending Budget for FY Ending June 30, 2007 ............................................................................. 406 536-06 Rejecting Bids for Schmitt Memorial Concrete Project ................................................................... 408 537-06 Adopting Plans/Specs Villa Street Retaining Wall/Railing Project ................................................... 408 538-06 Awarding Contract, Becker & Sons Stone Co., Villa Street Retaining Wall/Railing Project .............. 408 539-06 Approving Contract, Becker & Sons, Inc., Villa Street Retaining Wall/Railing Project..................... 408 540-06 Adopting Plans/Specs US 20 (Devon Dr. to Menards) Capacity Improvements Project .................... 409 541-06 US 20 (Devon Drive to Menards) Capacity Improvements Project................................................... 409 542-06 Approving Contract, Volkens Exc., US 20 (Devon to Menards) Capacity Improvements Project ...... 409 543-06 Adopting Plan/Specs City Hall First Floor Restroom Remodel Project ............................................ 410 544-06 Awarding Contract, Portzen Const., City Hall First Floor Restroom Remodel Project ...................... 410 545-06 Approving Contract, Portzen Const., City Hall First Floor Restroom Remodel Project ..................... 410 546-06 Adopting Plans/Specs University Avenue Embankment Stabilization Project .................................. 410 547-06 Awarding Contract, Connolly Const., University Avenue Embankment Stabilization Project ........... 411 548-06 Approving Contract, Connolly Const., University Avenue Embankment Stabilization Project .......... 411 549-06 Approving Final Plat Key City Subdivision .................................................................................... 411 550-06 Accepting Nowata Street Reconstruction Project ............................................................................ 416 551-06 Final Estimate Nowata Street Reconstruction Project ...................................................................... 416 552-06 Approving Final Schedule of Assessments, Nowata Street Reconstruction Project ........................... 417 553-06 Adopting Schedule of Assessments 2006 Weed Enforcement Program ............................................ 417 554-06 Filing Application with IDED, Iowa Clean Air Attainment (ICAAP) Funding, IA 32 Capacity Improvements ....................................................................................................................................... 419 555-06 License Agreement with Tetra Tech Inc., So. Grandview Monitoring Well ...................................... 419 556-06 Amended CEBA Application, Cottingham and Butler, Inc. ............................................................. 420 557-06 Beer Permits November 20, 2006 ................................................................................................... 421 558-06 Liquor Licenses November 20, 2006 .............................................................................................. 421 559-06 Fixing Date Capital Loan Notes North Catfish Creek Sanitary Sewer .............................................. 421 560-06 Fixing Date GO Capital Loan Notes, Lower Bee Branch Creek Restoration Project ......................... 422 2006 INDEX Book 136 561-06 Instituting Proceedings for the Issuance of Urban Renewal Tax Increment Revenue Notes, Theisen Supply Inc. Expansion ........................................................................................................................... 427 562-06 Authorizing Issuance of Urban Renewal Tax Increment Revenue Notes, Theisen Supply, Inc. Expansion ............................................................................................................................................. 427 563-06 Approving Agreement Washington Court L.P. and Pine Box LLC, Disposing of City interest in Vacated Alley, East Dubuque Addition .................................................................................................. 434 564-06 Approving Plat Vacated Alley Washington/Elm, 17th/18th Streets for Washington Court ................ 435 565-06 Vacating Alley between Washington/Elm from 17th/18th Streets for Washington Court .................. 436 566-06 Disposing of City Interest in Lot 159B of East Dubuque Addition for Washington Court ................. 436 567-06 Approving Plat of Vacated Portion of Oak Court at Rising Avenue ................................................. 436 568-06 Vacating Portion of Oak Court at Rising Avenue ............................................................................ 437 569-06 Disposing of City Interest in Lot 32A of Union Addition ................................................................ 437 570-06 Application U.S. Environmental Protection Agency's Brownfield Assessment Grant Program .......... 440 571-06 Accepting Paint Ham House Trim Project ...................................................................................... 440 572-06 Final Estimate Paint Ham House Trim Project ................................................................................ 440 573-06 Accepting Pyatigorsk Park Parking Lot Project ............................................................................... 441 574-06 Final Estimate Pyatigorsk Park Parking Lot Project ........................................................................ 441 575-06 Approving Winter Roadway Maintenance Agreement with Dubuque County .................................. 441 576-06 Schedule of Assessments for Grass Cutting Charges ....................................................................... 442 577-06 Beer Permits December 4, 2006 ..................................................................................................... 443 578-06 Liquor Licenses December 4, 2006 ................................................................................................ 443 579-06 Development Agreement with Port of Dubuque Adams Development LLC ..................................... 444 580-06 Preliminary Plans/Specs Chaplain Schmitt Memorial Project .......................................................... 446 581-06 Fixing Date of Hearing on Plans/Specs Chaplain Schmitt Memorial Project .................................... 447 582-06 Ordering bids Chaplain Schmitt Memorial Project .......................................................................... 447 583-06 Instituting Proceedings Sewer Revenue Capital Loan Notes ............................................................ 447 584-06 Authorizing Sewer Revenue Capital Loan Notes ............................................................................. 448 585-06 Instituting Proceedings General Obligation Capital Loan Notes Bee Branch Creek Restoration Project ............................................................................................................................................................. 453 586-06 Authorizing General Obligation Capital Loan Notes Bee Branch Restoration Project ....................... 454 587-06 Adopting Plans/Specs Port of Dubuque Storm Sewer Extension – Phase V Project .......................... 458 588-06 Awarding Contract, Tschiggfrie Excavating, Port of Dubuque Storm Sewer Extension – Phase V Project .................................................................................................................................................. 459 589-06 Approving Contract, Tschiggfrie Excavating, Port of Dubuque Storm Sewer Extension - Phase V Project .................................................................................................................................................. 459 590-06 Accepting 2006 Grandview Ave. Concrete Section Repair Project................................................... 464 591-06 Final Estimate 2006 Grandview Avenue Concrete Section Repair Project ........................................ 464 592-06 Accepting Custer/Allison-Henderson Sewer and Detention Basin Project ........................................ 464 593-06 Final Estimate Custer/Allison-Henderson Sewer and Detention Basin Project .................................. 465 594-06 Accepting Oak Park Place Improvements ....................................................................................... 465 595-06 Accepting Shady Oaks Subdivision Improvements and Carmel Hgts. Extension .............................. 465 596-06 Final Assessment Schedule for 2006 Sidewalk Assessment Project ................................................. 466 597-06 Adopting Schedule of Assessments for Delinquent Refuse, Sewer and Stormwater Collection ......... 467 598-06 Filing Durrant Group CEBA Application to IDED .......................................................................... 468 599-06 Cigarette Licenses December 18, 2006 ........................................................................................... 469 600-06 Beer Permits December 18, 2006 ................................................................................................... 469 601-06 Liquor Licenses December 18, 2006............................................................................................... 469 602-06 Intent to Vacate Unnamed Street, 640-650 Kane Street ................................................................... 469 603-06 Intent to Dispose of Lot 22 Glenview Subdivision .......................................................................... 470 604-06 Preliminary Plans/Specs Eagle Point Rock Bluff Stabilization Project ............................................. 470 605-06 Fixing Date on Plans/Specs Eagle Point Rock Bluff Stabilization Project ........................................ 470 606-06 Ordering Bids Eagle Point Rock Bluff Stabilization Project ............................................................ 471 607-06 Necessity of Washington Neighborhood Urban Revitalization Area ................................................ 471 608-06 Proposed Plan for Washington Neighborhood Urban Revitalization Area ........................................ 472 609-06 Approving Voluntary Annexation, John W. and Sally Jo Herrig ...................................................... 472 610-06 Application to Corporation for National Community Service for AmeriCorps Program Funding ...... 481 611-06 Approving Acquisition of 346 E. 19th Street .................................................................................. 481 612-06 Approving Acquisition of 141 E. 11th Street .................................................................................. 481 331-06 Accepting Proposal Port of Dubuque Brewery Development for Lease ............................................ 290 Response and Deployment Study Contract ..................................................................................................... 222 Ressler, Monsignor Wayne ............................................................................................................................ 281 Retaining Wall Repair 11th Street Professional Services Proposal .................................................................. 400 Retired and Senior Volunteer Program ..................................................................................................... 58, 219 2006 INDEX Book 136 Revoir, Mary Lynn ....................................................................................................................................... 346 Rhomberg, Father Thomas ............................................................................................................................ 149 Richard, David P. ............................................................................................................................................ 88 Richardson, Venice ......................................................................................................................................... 47 Ridgeway, LLC ............................................................................................................................................... 2 Ridings, Karen ...................................................................................................................................... 263, 289 Riedel, Susan J........................................................................................................................................ 61, 359 Riedl, Karla .................................................................................................................................................. 359 Ries, Dennis ................................................................................................................................................. 174 RIGHT Act ................................................................................................................................................... 314 Riniker, Judy ................................................................................................................................................ 234 Rising Avenue ............................................................................................................................... 403, 436, 437 Rising Street, Request to Purchase Property by Richard Harrison ................................................................... 382 Ritts, Jr., Edwin ...................................................................................................................................... 92, 105 River City Paving .............................................................................................................. 3, 142, 355, 356, 441 River Front Subdivision No. 3 ................................................................................. 5, 17, 18, 274, 369, 391, 392 River Pointe Condominium Project.................................................................................................................. 25 River Pointe Development, LLC ...................................................................................... 5, 15, 47, 81, 97, 98, 99 Riverfest ....................................................................................................................................................... 317 Riverfront 2000 Plan Implementation CIP ..................................................................................................... 398 RiverMax Theater ................................................................................................................................. 350, 379 Riverside Boat Pier Project .................................................................................................................... 328, 394 Riverside Drive ............................................................................................................................................. 441 SeeSee RKM LLC ...................................... 167, 225, 259, 351, Ron's Discount Smokes, Ron's Discount Smokes Roadway Maintenance Agreement ................................................................................................................ 336 Rock and Soul Reunion ......................................................................................................................... 285, 317 Roethig, Bob................................................................................................................................................... 48 Rokusek, Gino .............................................................................................................................................. 298 Ron’s Discount Smokes .................................................................................................... 27, 167, 225, 259, 351 Rooney, Michael V. and Tansy Jo ................................................................................................................. 281 Rosedale Avenue .................................................................................................... 297, 318, 319, 340, 341, 442 Rose-Marin, Leticia ........................................................................................................................................ 37 Rosencrantz, Rob .......................................................................................................................................... 173 Rotary Club of Dubuque .................................................................................... 89, 140, 188, 285, 317, 368, 385 Roth, Shawn ................................................................................................................................................... 88 Roussel, Jan and JoAnn ................................................................................................................................. 368 Rowe, Nathan ............................................................................................................................................... 360 Rowell, Allan and Connie ............................................................................................................................... 16 RSM McGladrey ........................................................................................................................................... 335 Rubloff Development Group ............................................................................................................. 85, 86, 234 Ruden, Mike ................................................................................................................................................. 463 Rudy’s Tacos ................................................................................................................................................ 337 Ruhter, Kim .................................................................................................................................................. 405 Ryme DBQ, Inc. ........................................................................................................................................... 167 S Sabers, Alan J. ................................................................................................................................................ 88 Safe Roads to School Grant ........................................................................................................................... 335 Sahajanand Enterprises ......................................................................................................................... 140, 225 Salsa’s Mexican Restaurant ........................................................................................................................... 104 Sam’s Club ....................................................................................................................... 74, 443, 444, 468, 469 Sam’s Real Estate Business Trust (Sam's Club) ...................................................................................... 314, 315 Sampson, Jessica................................................................................................................................... 252, 281 Sanderfield, Jeffrey ....................................................................................................................................... 104 Sandstrom, Steward .................................................................................................. 9, 15, 25, 33, 34, 54, 58, 81 Sanitary Sewer Master Plan ..................................................................................................................... 86, 185 Sanwick, Sherri............................................................................................................................................. 252 Sapphire Circle ......................................................................................................................................... 51, 52 Saterbak and Associates ................................................................................................................................ 380 Saterbak, Kurt ............................................................................................................................................... 380 Saunders, Marsha M. .............................................................................................................................. 74, 368 2006 INDEX Book 136 Savage, Eric R. .............................................................................................................................. 338, 353, 362 Savage, Rachel M. ........................................................................................................................................ 321 Schemmel, Margaret ..................................................................................................................................... 163 See Scherr, Michael R. ........................................................................... 237, 368, 443, Dubuque Screw Products Schilling, Lisa ............................................................................................................................................... 359 Schmall, Stephen J. ........................................................................................................................ 299, 336, 339 Schmidt, Bob ............................................................................................................................................ 81, 93 Schmidt, Dave .............................................................................................................................................. 359 Schmit II, Tim ...................................................................................................................................... 382, 469 Schmitt Memorial Concrete Project ................................................................................................ 373, 374, 408 Schmitt, Judy .................................................................................................................................................. 48 Schmitt, Ken ................................................................................................................................................... 48 Schmitz VanDee, Kimberly A. ...................................................................................................................... 266 Schnee, Barbara J. ......................................................................................................................................... 299 Schneider, Jason “Jake” ................................................................................................................................ 382 Schneider, Jeanne ...................... 27, 73, 84, 145, 255, 303, 334, 335, 345, 350, 362, 368, 420, 426, 468, 481, 482 School Resource Officer Agreement, City of Dubuque and DCSD.................................................................. 400 Schreyer, Ralf A. and Leta M. ....................................................................................................................... 363 Schroeder, Ann ............................................................................................................................................. 346 Schroeder, Bob ............................................................................................................................................... 58 Schroeder, Cindy .......................................................................................................................................... 359 Schroeder, Erin ............................................................................................................................................. 346 Schueller, Joan ................................................................................................................................................ 93 Schueller, Randy ........................................................................................................................................... 360 Schueller, Representative Thomas ................................................................................................................... 70 Schultz, Adam .............................................................................................................................................. 360 Schultz, Paul ................................................................................................................................................... 39 Schultz, Steven ................................................................................................................................................ 1 Schulz, Maureen ............................................................................................................................................. 22 Schumacher, Donald ..................................................................................................................................... 308 Schumacher, James (LaMar Advertising) ....................................................................................................... 173 Schuster, Deb.................................................................................................................................................. 48 Schuster, Greg .............................................................................................................................................. 360 Science in the Schools Program ............................................................................................................. 250, 358 SDAT ................................................................................................. See Sustainable Design Assessment Team Seaton, Jean, Main Street Iowa ...................................................................................................................... 394 Seay, Randy.............................................................................................................................................. 41, 69 Security Building ................................................................................................................... 159, 163, 187, 326 Sedgwick Claims Management Services, Inc. ..................................................................... 83, 84, 300, 301, 383 Seippel Road .................................................................................................................. 245, 246, 323, 423, 441 Selchert, Christine ......................................................................................................................................... 359 Selco, Inc. .............................................................................................................................. 257, 258, 346, 381 Senior Fitness Friends ................................................................................................................................... 136 Senior High School ....................................................................................................................................... 245 Settle, Charles ............................................................................................................................................... 360 Sewer Revenue Capital Loan Notes North Fork Catfish Creek Project and Water Pollution Control Plant ........ 447 Sewer Revenue Capital Loan Notes, North Fork Catfish Creek Sanitary Sewer ............................................... 421 Sexual Offender Residency Restrictions .......................................................................................................... 34 Sexual Orientation .................................................................................................................................. 31, 112 SF 2265 Deferred Retirement Option Plan (DROP) Municipal Fire and Police Retirement System .................... 89 SF 2361 Creation of Statewide Cable Franchise ............................................................................................. 103 SF 2361 Local Cable Franchising .................................................................................................................. 149 Shaben, Helen ............................................................................................................................................... 405 Shady Oaks Subdivision ........................................................................................................................ 465, 466 Shaeffer, Jim................................................................................................................................................... 48 Shafer, Geri .......................................................................................................................................... 263, 289 Shanahan, Jeremiah....................................................................................................................................... 281 Shannon, Rick .............................................................................................................................................. 317 Shannon’s Bar & Grill .......................................................................................................................... 286, 317 Shot Tower ........................................................................ 9, 43, 86, 153, 191, 210, 285, 319, 341, 350, 442, 443 Shot Tower Archeological Survey ..................................................................................................... 43, 86, 285 Shot Tower Inn ............................................................................................................................................. 153 Shreeji Services ............................................................................................................................................ 225 2006 INDEX Book 136 Shubatt, Michael ........................................................................................................................................... 162 Sid’s Beverage ...................................................................................................................................... 225, 318 Sidewalk Assessment Program – Bid #2 Proj 2005 ........................................................................................... 41 Sidewalk Assessment Project 2006 ................................................................................................................ 466 Sidewalk Inspection Program, 2006 ................................................................................................................. 72 Sidewalk Installation Delay Request Spires Drive and Knight Court ............................................................... 311 Siegert Farm Lease Extension Middle Road and Cousins Road Areas ............................................................. 335 Siegert, William and Janet ............................................................................................................................. 335 Sieverding, Todd........................................................................................................................................... 360 Signed Contracts December 18, 2006 ............................................................................................................ 468 Signed Contracts December 4, 2006 .............................................................................................................. 443 Signed Contracts November 20, 2006 ............................................................................................................ 420 Signed Contracts November 6, 2006 .............................................................................................................. 400 Signed Contracts October 16, 2006 ................................................................................................................ 385 Signed Contracts October 2, 2006 .................................................................................................................. 368 Simon, Steve................................................................................................................................................... 93 Sister City Committee ................................................................................................................................... 161 Sisters of St. Francis...................................................................................................................................... 301 Sixth Street, Seventh Street and Washington Park Reconstruction/Renovation Project ....................................... 23 Skahill, Michael ............................................................................................................................................ 299 Skahill, Michael and Barbara ......................................................................................................................... 281 Skate Park ............................................................................................................................................ 394, 400 SMG ............................................................................................................................................... 40, 187, 226 Smith Seeding....................................................................................................................................... 342, 343 Smith, Darrin L. .............................................................................................................................................. 88 Smith, Gary and Tina .................................................................................................................................... 299 Smith, George and Colleen ............................................................................................................................ 163 Smith, Kristen ............................................................................................................................................... 162 Smith, Ron ................................................................................................................................................... 101 Smith, Sydney .............................................................................................................................................. 308 Smithfield property on 16th Street ......................................................................................................... 168, 200 Smrecek, Ryan .............................................................................................................................................. 360 Soens, Mr. & Mrs. Richard ............................................................................................................................ 311 Sola, Marcia ............................................................................................................................................. 37, 60 Sorenson, Reverend John .............................................................................................................................. 298 Southern Avenue ............................................................................................................................................ 16 Special Session .......................... 8, 21, 37, 38, 39, 40, 57, 58, 60, 85, 162, 251, 313, 330, 331, 379, 380, 415, 462 Specific and Aggregate Stop Loss Insurance Renewal .................................................................................... 257 Spence, Gil ..................................................................................................................................................... 40 Spencer-Motylo, Noel ................................................................................................................................... 360 See Spiegel, A. J. .......................................................................... 5, 15, 48, 99, River Pointe Development, LLC Spiegelhalter, Melvin ...................................................................................................................................... 44 Spielman, Charles ......................................................................................................................................... 396 Splendid Valley Nursery ................................................................................................................................. 41 Spoerl, Michael W. ......................................................................................................................................... 88 Spoerl, Reverend Melissa Warren .................................................................................................................. 346 Springsted, Inc. .............................................................................................................................. 285, 333, 334 Spyrison, Doug ............................................................................................................................................. 388 SSB 3146 State Communication Franchise ...................................................................................................... 70 SSB 3179 Deferred Retirement Option Plan (DROP) ....................................................................................... 70 St. Mark Community Center .................................................................................................................. 184, 202 St. Vincent DePaul ........................................................................................................................................... 1 Stackis, Ted .................................................................................................................................................... 29 Stafford Street Sanitary Sewer Reconstruction Project .................................................................................... 221 Standard Operating Procedures Committee National Emergency Number Association .................................... 103 Star Brewery Drive (Designation) .................................................................................................................. 438 State Historical Society of Iowa ..................................................................................................................... 163 State Legislative Issues 2006 ........................................................................................................................... 27 State of Iowa Press Release re Independent Living Efforts Recognition .......................................................... 304 State of Iowa Revolving Loan Fund (SRF) ...................................................................................... 398, 422, 453 State Senate Judiciary Committee .................................................................................................................... 70 Stealth Racing............................................................................................................. 79, 80, 105, 106, 167, 254 Stecher, Carol ............................................................................................................................................... 359 2006 INDEX Book 136 Stecher, Mike................................................................................................................................................ 350 Steger, John .................................................................................................................................................. 199 Steil, Darren ............................................................................................................................................... 1, 88 Stein, Richard ....................................................................................................................................... 198, 228 Steiner, Jim, Vice President of Finance at the University of Dubuque ............................................................. 425 Steinhauser, Cindy ........................................................................................................................... 40, 152, 396 Step by Step Affordable Housing Program ....................................................................... 136, 164, 165, 284, 362 See Stephenson, George ................................................................................................................... G.M.S., Inc. Steuer, Jeff J. ............................................................................................................................................ 87, 88 Stevens, Kevin R. ................................................................................................................................. 141, 156 Stewart Construction, Inc. ............................................................................................................................. 423 Stewart, Senator Roger ............................................................................................................................ 70, 103 Stewart, Terry ............................................................................................................................................... 104 Stierman, John .............................................................................................................................................. 360 Stiles, Jeff ............................................................................................................................................. 390, 423 Stipulation of Settlement Agreement in the Matter of Hy-Vee Stores, Inc. ...................................................... 468 See Stonewall.................................................................................................... Bricktown, Cooper Management Storage Container Ordinance ............................................................................................................... 33, 54, 81 Stormwater Facilities Fee Agreement .............................................................................................................. 72 Stormwater Permit - Storm Drain Stenciling Partnership ................................................................................ 102 Stovall, Thomas M. ....................................................................................................................................... 416 Stovall, Thomas, M. ........................................................................................................................................ 58 Stover, Greg ................................................................................................................................................. 442 Straka Johnson Architects ............................................................................................................................. 323 Street Finance Report FY 2006 ...................................................................................................................... 346 Streff, Chad .......................................................................................................................................... 141, 225 Strohmeyer, Laverne ..................................................................................................................................... 299 Stuart, Dave ...................................................................................................................................... 9, 304, 423 Stubben, Hillary A. ................................................................................................................................... 81, 92 Stumpf, Donald......................................................................................................................................... 22, 41 Stumpf, Kathy ...................................................................................................................................... 113, 149 Substance Abuse Services Center ...................................................................................................... 22, 58, 220 Suiter, Eric ................................................................................................................................................... 252 Sullivan, Anita M. ......................................................................................................................................... 363 Sullivan, Jim ................................................................................................................................................... 93 Sullivan, R.J. ............................................................................................................................................ 81, 92 Sumek, Lyle ......................................................................................................................................... 330, 331 Sun’s Corp. ................................................................................................................................................... 385 Sundance Summit ......................................................................................................................................... 438 Sunnycrest ............................................................................................................................................ 384, 400 Surface Transportation Board Filing - IC&E, DM&E Railroad Corporations................................................... 187 Susan Henricks ............................................................................................................................................. 162 Sustainable Communities .............................................................................................................................. 329 Sustainable Design Assessment Team.............................................................................. 329, 412, 415, 438, 440 Sutter, Mark.................................................................................................................................................. 396 Sutton, S.A. .................................................................................................................................................... 47 Swimming Pool Concession Agreement .......................................................................................................... 72 Sycking, Sarah ...................................................................................................................................... 173, 174 Sylvan Drive ................................................................................................................................................. 180 Synergy Court Construction Project ................................................................................................................. 23 T T & M Inc. ................................................................................................................................................... 444 Tallent, Bishop John ..................................................................................................................................... 184 Tanzanite Drive ........................................................................................................................... 51, 52, 53, 100 Taqueria Mexico ........................................................................................................................................... 337 Target Store .................................................................................................................................................. 421 Targeted Jobs Withholding Tax Credit Application ........................................................................................ 349 See TASC .......................................................................................... Total Administrative Services Corporation Taste of Dubuque .......................................................................................................................................... 285 Tauke, Aggie .................................................................................................................................................. 28 2006 INDEX Book 136 Taylor, Daniel .................................................................................................................................................. 1 Taylor, Mark R. ............................................................................................................................................... 1 T-Corp............................................................................................................................................................ 53 Teamsters Local Union No. 421 ...................................................................................... 149, 185, 316, 317, 383 Tedore, Carrie ............................................................................................................................................... 298 TeKippe, Ken ......................................................................................................................................... 37, 108 Telecommunications Carrier Assessment Study ............................................................................................. 335 Temporary Signs for Non-Profit Organizations .............................................................................................. 258 Ten Pin Tap .......................................................................................................................................... 318, 420 Terrace Estates Third Addition – Final Plat .................................................................................................... 296 Tetra Tech, Inc. ............................................................................................................................................. 419 See TFM Company ................................................................................. 12, 167, 168, 259, 318, 443, Oky Doky Theisen Supply, Inc.................................................... 188, 189, 222, 235, 236, 284, 401, 402, 426, 427, 428, 429 Development Agreement ........................................................................................................................... 188 Theisen, Jim ................................................................................................................................................. 284 Theisen, Tony ............................................................................................................................................... 236 Thielen, Lori ................................................................................................................................................. 281 Thill, William ............................................................................................................................................... 405 Thomas, Diane ................................................................................................................................................ 58 Thul, Joyce ................................................................................................................................................... 149 Tigges, Jennifer .................................................................................................................................... 375, 388 Tilton, John ............................................................................................................................. 92, 105, 263, 289 Timber-Hyrst Estates ..................................................................................................................... 102, 146, 147 Timmerman, Robert C. and Mary E. ...................................................................................................... 319, 341 Tittle, Tracey ................................................................................................................................................ 299 Tiziani Golf Car Corporation ........................................................................................................................... 54 Tobacco Compliance – Civil Penalties ..................................................................................................... 27, 223 Tobacco Outlet Plus #504 ..................................................................................................................... 140, 225 Tobacco World ..................................................................................................................................... 104, 225 Tokheim, Rod ................................................................................................................................................. 58 Toltecas Inc. ................................................................................................................................................. 337 Tomenga, Representative Walt ........................................................................................................................ 70 Toomey, William .......................................................................................................................................... 159 Top Grade Excavating, Inc. ............................................................................................................................. 23 Torres, Travis ............................................................................................................................................... 360 Total Administrative Services Corporation..................................................................................................... 2, 9 Towing Contract ................................................................................................................................... 137, 245 Town Clock ........................................................................................... 40, 44, 87, 104, 166, 167, 188, 226, 285 Plaza Banners ............................................................................................................................................. 87 Town Clock Inn .............................................................................................................................................. 44 Traffic Regulation Signs, Installation of ......................................................................................................... 413 Tranel, Mark ........................................................................................................................................... 87, 360 Transient Boat Dock Contract ......................................................................................................................... 74 Transit Board ...................................................................................................... 1, 101, 184, 263, 289, 359, 439 See Transit Division .........................................................................................................57, 61, Keyline Transit Transportation Planner – ECIA Agreement .................................................................................................... 303 Trausch, Rick.................................................................................................................................................. 47 Trenkle, Tim ................................................................................................................................................... 20 Tri State Golf Center ..................................................................................................................................... 286 Trice, Anthony ................................................................................................................................................. 9 Tricon General Construction, Inc. ........................................................................................... 151, 310, 311, 466 Contract Termination Agreement for NMRMA .......................................................................................... 466 Tri-State Community Health Center............................................................................................................... 419 Tri-State Development ................................................................................................................... 245, 253, 322 Tri-State Trail Vision ............................................................................................................................ 381, 398 Troester III, Larry A...................................................................................................................................... 360 Tschiggfrie Excavating ....................................................................... 88, 152, 172, 201, 202, 282, 458, 459, 465 Tschiggfrie, Brian ......................................................................................................................................... 405 Tschiggfrie, Ed ..................................................................................................................................... 174, 187 Tschiggfrie, Rod ............................................................................................................................................. 52 Tully, David and Judith ................................................................................................................................. 346 Tully, Gene .................................................................................................................................. 48, 92, 97, 105 Tully, Judith ................................................................................................................................................. 346 2006 INDEX Book 136 Turnmeyer, Sr. Inez ...................................................................................................................................... 202 Tuthill, Scott ................................................................................................................................................... 88 See TV Cable Commissions.................................................................................................................. Cable TV Twin Valley Drive .......................................................................................................................................... 19 U U. S. Fish and Wildlife ................................................................................................................... 328, 333, 394 U.S. Conference of Mayors ............................................................................................................................. 70 U.S. Department of Housing and Urban Development .. 3, 4, 26, 27, 73, 86, 87, 140, 149, 150, 164, 165, 255, 256, 347, 348, 397, 398, 464 Consolidated End-of-Year Review – Program Year 2005 ........................................................................... 464 U.S. Environmental Protection Agency .......................................................................................................... 440 UAW Local #94................................................................................................................................ 4, 468, 469 Uelner Precision Tool and Die ....................................................................................................................... 175 Uhlrich, Paul J. ...................................................................................................................... 22, 48, 81, 93, 109 Ulstad, Steve................................................................................................................................................. 463 Unified Development Code ................................................................. 34, 112, 148, 173, 297, 303, 329, 331, 413 Consultant Contract with JEO Consulting Group, Inc. ................................................................................ 303 Union Avenue............................................................................................................................................... 416 Union Insurance Company .............................................................................................................................. 22 United Dubuque Immigrant Alliance ............................................................................................................... 37 United Parcel Service ............................................................................................................................ 5, 17, 18 United Rental Building Demolition and Site Clearance Project ....................................................................... 253 United States Department of Housing and Urban Development ......................................................... 61, 111, 112 United States Postal Service Lease Agreement Tom Harkin............................................................................ 224 University Avenue27, 70, 72, 147, 155, 156, 201, 202, 254, 255, 258, 282, 283, 363, 364, 374, 375, 410, 411, 468 Culvert and Sanitary Sewer Extension Reconstruction Project ....................................................... 70, 155, 201 Culvert Extension Project .......................................................................................................................... 258 Embankment Failure ................................................................................................................................... 27 Embankment Stabilization Project ......................................................................... 70, 374, 375, 410, 411, 468 Patching Project Alta Vista to Spruce ......................................................................................................... 255 RCB Storm Sewer Extension Project ......................................................................................................... 282 Reconstruction Project Alta Vista to Spruce ............................................................................................... 364 Reconstruction Project Final Schedule of Assessments ............................................................................... 363 Reconstruction Project from Delhi to Alta Vista ................................................................................. 254, 255 University of Dubuque .................................................................................................................................. 425 University of Dubuque Request to Amend ID District for New Structures....................................................... 425 Unoccupied Residential Property Regarding Cats and Dogs ........................................................................... 217 Unsen, Jim .................................................................................................................................................... 162 Unsen, Thomas P. ........................................................................................................................................... 88 Upper Bee Branch Creek Restoration Project ......................................................................................... 422, 453 Upper Catfish Creek Watershed Project ........................................................................................................... 70 Urban Deer Management Program 2007 ........................................................................................................ 181 Urban Pioneer Award .................................................................................................................................... 218 Urban Renewal Joint Agreement ................................................................................................................... 151 Urban Revitalization Act ........................................................................................................................... 13, 43 Urban Revitalization Area ................................................................................... 13, 29, 30, 43, 50, 51, 471, 472 US 20 (Devon Drive to Menards) Capacity Improvements Project .................................... 306, 343, 372, 409, 468 US Department of Housing and Urban Development ................................................................................ 59, 164 US Highway 52 Final Plat Section 17 T88N R3E ........................................................................................... 381 Utility Expense and Cost Analysis Consultant Selection ................................................................................. 285 Utility Expense and Cost Analysis Study ....................................................................................................... 333 V Vacant and Abandoned Buildings .................................................................................................................. 246 Vacate Unnamed Road Off of Rosedale Avenue .................................................................................... 318, 340 Valentine, Gary and Beth .................................................................... 74, 154, 155, 167, 199, 200, 241, 242, 244 Van Etten, Arnold J. ...................................................................................................................................... 167 Van Milligen, Michael C. ........................................................................................................... 35, 89, 152, 324 Van Milligen, Nancy ..................................................................................................................................... 359 2006 INDEX Book 136 Veenstra & Kimm, Inc. ................................................................................................................................. 300 Vessel Systems ............................................................................................................................................. 314 Vigen, Laurie ................................................................................................................................................ 336 Villa Street ............................................................................................................................ 370, 371, 408, 409 Retaining Wall Ornamental Railing Project ......................................................................... 370, 371, 408, 409 Vilsack, Governor Tom ........................................................................................................................... 89, 218 Vision Iowa ........................................................................................ 27, 139, 329, 333, 350, 379, 394, 442, 480 See Vizaleea Drive ........................................................... 286, 309, 314, 332, Residential Parking Permit District Vogt, Don ....................................................................................................................................................... 39 Voices for the Art ......................................................................................................................................... 336 Volkens Excavating, Inc. ............................................................................................................................... 409 Voluntary Dental Plan, Renewal Rates........................................................................................................... 420 Vondran, Joseph J. ........................................................................................................................................... 1 VonFumetti, Sr., Richard............................................................................................................................... 360 Vorwald, Dick ................................................................................................................................................ 48 Vosberg-Padgett, Tricia......................................................................................................................... 415, 439 Voss, Roger .................................................................................................................................................. 102 W Wadding, Kim ................................................................................................................................................ 38 Wade, Mike, Environmental Specialist ............................................................................................................. 1 Wagner, Jeff .................................................................................................................................................... 1 Wagner, Robert L. ................................................................................................................................ 396, 416 Wahlert High School ..................................................................................................................................... 314 Wahlert, Mark ........................................................................................................................................ 37, 182 Wainwright, Keisha .............................................................................................................................. 338, 353 Wainwright, Thomas C. ............................................................................................................................ 81, 92 Walding, Lynn M. ........................................................................................................................................... 27 Walgreen’s # 6154 ........................................................................................................................................ 225 Walk Repair Projects .................................................................................................................................... 400 Wal-Mart ........................................................................................................................... 26, 74, 225, 337, 399 Safe Neighborhood Heroes Grant Proposal ................................................................................................ 399 Walnut Ridge Estates .............................................................................................................................. 54, 110 Walters, Jeffrey L. ........................................................................................................................................ 161 Ward, Richard .............................................................................................................................................. 250 See Washington Court, LP ................................... 15, 386, 402, 403, 406, 434, 436, Pine Box, LLC, Gronen, John Washington Mutual Bank, F.A. ..................................................................................................................... 163 Washington Neighborhood Association ..................................................................................................... 38, 73 Washington Neighborhood Park .............................................................................................................. 3, 4, 73 Washington Neighborhood Tool Library ........................................................................................................ 220 Washington Neighborhood Urban Revitalization Area Plan ............................................................................ 471 Washington Park ................................................................................................. 23, 24, 271, 273, 279, 400, 414 Washington Street ................................................................................ 43, 73, 164, 314, 358, 386, 406, 434, 436 Washington Street, Rezoning of 1798 for Washington Court LLP..................................................................... 15 Wastewater Treatment Facility ...................................................................................................................... 333 Water Department .............................................................. 39, 60, 79, 80, 105, 106, 138, 167, 254, 278, 384, 385 100 Years Recognition America Water Works Association ......................................................................... 385 Water Hole .................................................................................................................................. 12, 27, 74, 368 Water Pollution Control Plant ....................................................................... 39, 60, 331, 421, 422, 447, 448, 450 Waugh, Dennis & Tim .................................................................................................................................. 173 Ways and Means Committee ........................................................................................................................... 70 Weather Monitoring, Forecasting and Notification Service Contract ............................................................... 368 Weber Paper Building Rehabilitation Loan .................................................................................................... 334 Weber, Amy ......................................................................................................................................... 263, 289 Weber, Dolores ..................................................................................................................................... 359, 420 Weber, Harold and Jocille Request to Rezone 210 Jones Street ....................................................................... 229 Weber, Randy ............................................................................................................................................... 229 Weed Enforcement Program 2006 ................................................................................................................. 417 Weets, Gary .................................................................................................................................................. 103 Wefel, Desa .................................................................................................................................................... 85 Weig, Donald J. .............................................................................................................................................. 88 2006 INDEX Book 136 Weis, Leonard .............................................................................................................................................. 174 Weitz, Mark .................................................................................................................................................. 360 Weldin, Matt................................................................................................................................................. 360 Wells Fargo Bank Minnesota....................................................................................................................... 1, 22 Welu, Tom ..................................................................................................................................................... 16 Werner, Jake ................................................................................................................................................. 314 Wernimont, Tom and Anne (d/b/a Beanies Café) ............................................................................................. 89 Wernimont, Vince ......................................................................................................................................... 173 Wertzberger, Richard ............................................................................................................. 2, 87, 88, 104, 360 West 11th Street Historic District .......................................................................................................... 182, 388 West 17th Street................................................................................................................ 56, 209, 318, 338, 339 West 32nd Street Detention Basin................................................................................................................ 4, 72 West 32nd Street Detention Pond – Acceptance of Warranty Deeds ................................................................ 363 West 32nd Street Sidewalks .......................................................................................................................... 384 West Dubuque Tap ....................................................................................................................................... 141 West End Transfer Site ................................................................................................................................. 420 West Locust Mart ......................................................................................................................................... 225 Wheaton, Sue................................................................................................................................................ 113 Whiskey River ...................................................................................................................................... 141, 225 White House, The .................................................................................................................. 186, 226, 443, 444 White Water Creek Bridge ...................................................................................................................... 25, 333 WHKS & Company ........................................................................................................ 223, 319, 341, 342, 347 Wiedemann, Bonnie ........................................................................................................................................ 48 Wiedemann, Tom ........................................................................................................................................... 48 Wilberding, Katrina .............................................................................................................................. 388, 404 Willging, Margaret Ann ......................................................................................................... 5, 9, 15, 26, 81, 97 Willging, Mark, Attorney, on behalf of John C. and Margaret A. Hendry ........................................................ 470 Willging, OSF, Sister Margaret Ann ................................................................................................................ 15 Williams, Adam ............................................................................................................................................ 360 Williams, Gregory ........................................................................................................................................ 359 Williams, Joanne........................................................................................................................................... 359 Wilwert, Clay ....................................................................................................................................... 173, 174 Winterwood, Charles ................................................................................................................................ 47, 57 Winterwood, Gretel................................................................................................................ 388, 404, 447, 472 Wisecup, Toby .............................................................................................................................................. 359 Witthoeft, Chad ............................................................................................................................................ 336 Women in Municipal Government Leadership Award .................................................................................... 482 Wood, Alexis ................................................................................................................................................ 360 Woodbine, Inc. ............................................................................................................................................... 12 Woodin, John................................................................................................................................... 92, 105, 359 Woodman, Myra ........................................................................................................................................... 337 Woodward, Mona ......................................................................................................................................... 199 Woodyard, Julie .............................................................................................................................................. 22 Worker’s Compensation ................................................................................................................. 163, 187, 302 Y Yardarm Inc.................................................................................................................................................... 74 Yen Ching Restaurant ................................................................................................................................... 385 Young, David .................................................................................................................................. 47, 141, 156 Z Zaber, J. Thomas........................................................................................................................................... 346 Zalanznik, Mary Jo ....................................................................................................................................... 234 Zalaznik, Edward and Valorie ....................................................................................................................... 174 Zalaznik, Mary Jo and Roger ......................................................................................................................... 266 Zalaznik, Thomas ......................................................................................................................................... 174 Zinkula, Father Thomas ................................................................................................................................ 415 Zirkelbach, Representative Ray ....................................................................................................................... 70 Zmudka, Matt ............................................................................................................................................... 308 Zoll Corporation ............................................................................................................................................. 89 2006 INDEX Book 136 Zoning Advisory Commission .......... 9, 11, 16, 41, 85, 149, 162, 198, 218, 228, 229, 313, 346, 380, 390, 415, 463 Amended Regulations for Child Care Resource and Referral ...................................................................... 474 Asbury Plaza Second Free-Standing Monument-Style Outlot Signs ............................................................ 390 Expediting N. Cascade Road Improvements ............................................................................................... 154 Final Plat #2 for Tri-State Development in Seippel Road Commercial Park ................................................. 245 Final Plat #3 for Key City Properties.......................................................................................................... 145 th Final Plat for DICW 5 Addition ............................................................................................................... 146 Final Plat for Eagle Valley Subdivision No. 2 ............................................................................................ 145 Final Plat for Key City Subdivision............................................................................................................ 411 Final Plat for North Grandview Estates ...................................................................................................... 267 Final Plat for Terrace Estates Third Addition ............................................................................................. 296 Final Plat for US Hwy 52 Section 17 by Kenneth Lochner .......................................................................... 381 Final Plat Kunde Place No. 2 ....................................................................................................................... 11 Final Plat of Asbury Plaza Business Park First Addition ............................................................................. 327 Final Plat of Cedar Lake East Third Addition ............................................................................................. 326 Final Plat of Cedar Lakes Subdivision by Gibbs Construction ..................................................................... 381 Loras College Institutional District Amendment ........................................................................................... 48 Preliminary Plat for Walnut Ridge Estates.................................................................................................... 54 Preliminary Plat of Property on N. Cascade Road by Key City Properties/Mike Stecher .............................. 350 Reclassifying Property at 3219 Asbury Road.............................................................................................. 159 Reclassifying Property on Derby Grange Road for John Herrig ................................................................... 293 Reclassifying Property on Miller Road for Thomas Henschel ..................................................................... 243 Reclassifying Property on N. Cascade Road for NCR Developers ............................................................... 241 Reclassifying Property on N. Cascade Road/Edval Lane for Gary Valentine ............................................... 242 Request to Allow Drive Up Tellers by American Trust Bank ...................................................................... 424 Request to Amend DIC PUD for Uelner Precision Tool and Die ................................................................. 175 Request to Amend Tanzanite Drive/Sapphire Circle PUD ............................................................................. 52 Request to Replace Existing Facilities by University of Dubuque ............................................................... 425 Request to Rezone 1798 Washington St. for Washington Court .................................................................... 15 Request to Rezone Crescent Ridge Road by Thomas Zalaznik .................................................................... 174 Request to Rezone N. Cascade Road by NCR Developers/McNamer .......................................................... 154 Request to Rezone Property at 1098 Jackson St. by Stuart Mabusth ............................................................ 354 Request to Rezone Property at 1108 Locust St. by Nesler/McMahon .......................................................... 423 Request to Rezone Property at 1331 Rockdale Road by Chad Leitch ........................................................... 355 Request to Rezone Property at 1331 Rockdale Road by David Hartig ......................................................... 473 Request to Rezone Property at 190 N. Crescent Ridge for Alter Scrap/Tschiggfrie ...................................... 172 Request to Rezone Property at 210 Jones Street by Harold Weber ............................................................... 229 Request to Rezone Property at 3219 Asbury Road by InJun Chong ............................................................. 141 th Request to Rezone Property at 468 12 Street by Edward Brown .................................................................. 17 Request to Rezone Property at 4905 Old Highway Road by David Bleile .................................................... 322 nd Request to Rezone Property at 55 W. 32 Street by North End Wrecking/Roger Kunde ................................ 93 nd Request to Rezone Property at 55 W. 32 Street by Roger Kunde/North End Wrecking ................................ 48 Request to Rezone Property at 593 Hill Street by Durrant Group/Richard Davison ...................................... 228 Request to Rezone Property at 600 Mazzuchelli Drive by River Pointe Devel. LLC ...................................... 47 Request to Rezone Property at 605 Peru Road by Robert Clauer ................................................................. 174 Request to Rezone Property at Asbury Plaza by Wendell Corey .................................................................. 169 Request to Rezone Property at N. Cascade Road/Edval Lane by Gary Valentine ......................................... 154 Request to Rezone Property at SW Seippel and Old Hwy Roads by Greg Adams ........................................ 423 Request to Rezone Property at Sylvan/BiesDrive by Larry Miller ............................................................... 180 Request to Rezone Property in Asbury Plaza by Wendell Corey ................................................................. 229 Request to Rezone Property on Derby Grange Road by Dean Butler ................................................... 169, 233 Request to Rezone Property on Derby Grange Road by John Herrig............................................. 169, 234, 266 Request to Rezone Property on Miller Road by Thomas Henschel ...................................................... 154, 200 Request to Rezone Property on N. Cascade Road by Gary Valentine ........................................................... 199 Request to Rezone Property on N. Cascade Road by Martin McNamer/NCR Developers............................. 199 Request to Rezone Property on Seippel Court by Brian Lammers ............................................................... 322 Request to Rezone Property on Southern Avenue by Allan Rowell ............................................................... 16 th Request to Rezone W. 11 Street Historic District by Rodney Carroll ......................................................... 388 River Pointe Development Objections.......................................................................................................... 15 SW Arterial Development Moratorium Text Amendment ........................................................................... 238 Voluntary Annexation of 2690 Rockdale Road by DB&T ........................................................................... 353 Withdrawal of Request to Amend PUD at NW Arterial/Chavenelle Road by Dubuque Initiatives ................ 473 Zoning Board of Adjustment ....................9, 22, 69, 92, 99, 105, 113, 218, 232, 281, 332, 359, 380, 396, 415, 463 2006 INDEX Book 136 Zuccaro, Thomas H. ...................................................................................................................................... 252