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12 18 06 City Council Proceedings Official CITY OF DUBUQUE, IOWA CITY COUNCIL OFFICIAL PROCEEDINGS City Council met in special session at 4:45 PM on December 18, 2006, 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 Federal Building Renovation Project Steve Ulstad, The Durrant Group, introduced members of the project team that have been working on the renovation project. Wendy Eipperle reviewed the process used to date on the second floor design for the renovated Council Chambers and Closed Session Room and explained they were trying to use as much of the original materials as possible. Mike Ruden reviewed the preliminary plans for the third floor of the Federal Building which would provide offices for the Housing and Community Development Department. Ulstad stated that the project schedule calls for substantial completion by August 15, 2007. Council approval of schematic and design development of the Council Chambers and Housing Services will be brought to the Council at the January 15, 2007, meeting for approval. The remainder of the project will be initiated at the February 19 meeting. The major question at this time is whether the National Park Service will stipulate that the windows need to be replaced with steel, which would greatly increase the project budget. There being no further business, Connors moved to adjourn. Seconded by Braig. Motion carried 7-0. The meeting adjourned at 6:04 PM. /s/ Jeanne F. Schneider, CMC City Clerk * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CITY OF DUBUQUE, IOWA CITY COUNCIL OFFICIAL PROCEEDINGS City Council met in regular session at 6:30 PM on December 18, 2006, in the Public Library Auditorium. Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski, City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of discussing such matters which may properly come before the Council. 1 Invocation was given by Dr. Winston Persaud, Professor of Systematic Theology – Wartburg Theological Seminary CONSENT ITEMS Cline moved to receive, file, refer to staff, and adopt resolutions were specified. Second by Lynch. Braig requested (#4) 409 Burch Street Re-tabling be held for separate discussion. Michalski requested (#12) Eagle Point Bluff Scaling and Tree Removal Project also be held for separate discussion. Motion passed 7-0. Minutes and Reports Submitted: Cable TV Teleprogramming Commission of 9/12; City Council of 12/4 and 12/11; Civil Service Commission of 10/30; Environmental Stewardship Advisory Commission of 11/7; Historic Preservation Commission of 11/16; Library Board of 9/28, 10/16 and 10/26; Zoning Advisory Commission of 12/6; Zoning Board of Adjustment of 11/22, upon motion received and filed. Proof of publication of List of Claims and Summary of Revenues for month ended October 31, 2006, upon motion received and filed. Printed City Council Proceedings for month of September, 2006, upon motion received, filed and approved as printed. Library Board of Trustees' Update from November 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. 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: Joann Francois for personal injury, upon motion received, filed and concurred. East Central Intergovernmental Association: East Central Intergovernmental Association Fiscal Year 2006 Annual Report, upon motion received and filed. 409 Burch Street (Tabled on November 6, 2006): City Manager recommending that this item be re-tabled to June 4, 2007, upon motion received and filed and tabled to June 4, 2007. Braig questioned why this item was being re-tabled and what the actual timeline was for completion. The City Manager reviewed the history of this project and stated that the owner had made significant progress. Motion by Braig to receive, file, and table to June 4, 2007. Seconded by Connors. Motion passed 7-0. U.S. Department of Housing and Urban Development: Communication from the U.S. Department of Housing and Urban Development regarding the City’s Consolidated End-of-Year Review – Program Year 2005, upon motion received and filed. Grandview Avenue Section Repair: City Manager recommending acceptance of the Grandview Avenue Section Repair Project as completed by Horsfield Construction, Inc., in the final contract 2 amount of $65,973.88, upon motion received, filed, and Resolution No. 590-06 Accepting the 2006 Grandview Avenue Concrete Section Repair Project and Resolution No. 591-06 Approving final estimate were adopted. RESOLUTION NO. 590-06 ACCEPTING THE 2006 GRANDVIEW AVENUE CONCRETE SECTION REPAIR PROJECT Whereas, the contract for the 2006 Grandview Avenue Concrete Section Repair Project (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 contract, plans and specifications and that the City Manager recommends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Manager is approved and the Project is hereby accepted. Section 2. The City Treasurer is hereby directed to pay to the contractor from the Annual Street Program and the FY 2006/2007 Concrete Section Repair appropriation for the contract amount of $65,973.88 less any retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code chapter 573. th Passed, approved and adopted this 18 day of December, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 591-06 FINAL ESTIMATE Whereas, the construction contract for the 2006 Grandview Avenue Concrete Section Repair Project, has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $71,395.63 and the said amount shall be paid from the Annual Street Program and the FY 2006/2007 Concrete Section Repair funds of the City of Dubuque, Iowa. th Passed, approved and adopted this 18 day of December, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Custer/Allison-Henderson Sewer and Detention Basin Project: City Manager recommending acceptance of the Custer/Allison-Henderson Sewer and Detention Basin Project as completed by McDermott Excavating in the final contract amount of $224,057.14. Upon motion receive, filed, and Resolution No. 592-06 Accepting the Custer/Allison-Henderson Sewer and Detention Basin Project and Resolution No. 593-06 approving final estimate were adopted. RESOLUTION NO. 592-06 ACCEPTING THE CUSTER/ALLISON-HENDERSON SEWER AND DETENTION BASIN PROJECT Whereas, the contract for the Custer/Allison-Henderson Sewer and Detention Basin Project (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 contract, plans and specifications and that the City Manager recommends that the Project be accepted. 3 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Manager is approved and the Project is hereby accepted. Section 2. The City Treasurer is hereby directed to pay to the contractor from the Fiscal Year 2006 Custer/Allison-Henderson Sewer and Detention Basin Project appropriation and the Fiscal Year 2007 Storm Sewer Improvement/Extensions appropriation for the contract amount of $224,057.14 less any retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code chapter 573. th Passed, approved and adopted this 18 day of December, 2006 Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 593-06 FINAL ESTIMATE Whereas, the construction contract for the Custer/Allison-Henderson Sewer and Detention Basin Project, has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $249,291.11 and the said amount shall be paid from the Fiscal Year 2006 Custer/Allison-Henderson Sewer and Detention Basin Project appropriation and the Fiscal Year 2007 Storm Sewer Improvement/Extensions Project appropriation of the City of Dubuque, Iowa. th Passed, approved and adopted this 18 day of December, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Oak Park Place – Acceptance of Public Improvements: City Manager recommending acceptance of the public improvements that the developer, Oak Park Place of Dubuque, LLC, recently completed in Oak Park Place, upon motion received and filed. Upon motion received, filed and Resolution No. 594-06 Accepting public improvements in Oak Park Place was adopted. RESOLUTION NO. 594-06 ACCEPTING PUBLIC IMPROVEMENTS IN OAK PARK PLACE Whereas, pursuant to Resolution 232-04, certain public improvements including street paving with curb, sanitary sewer main, watermain, storm sewers and catch basins, and boulevard street lighting were installed by the developer of Oak Park Place. Whereas, the improvements have been completed and the City Manager has examined the work and has filed a certificate stating that the same has been completed in accordance with the plans approved by the City Council and in conformance with City specifications, and has recommended that the improvements be accepted by the City Council. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE: Section 1. That the recommendation of the City Manager be approved and that said public improvements in Oak Park Place be and the same is hereby accepted. Section 2. That maintenance of said public improvements shall be the responsibility of the owner for a period of two (2) years from this date. 4 th Passed, adopted and approved this 18 day of December, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Shady Oaks Subdivision: City Manager recommending acceptance of the public improvements that the developer, Tschiggfrie Excavating Co., has recently completed in Shady Oaks Subdivision and an adjacent development in Lot 7 of Mt. Carmel Heights. Upon received, filed, and Resolution No. 595-06 Accepting public improvements in Shady Oaks Subdivision including an extension into Carmel Heights was adopted. RESOLUTION NO. 595-06 ACCEPTING PUBLIC IMPROVEMENTS IN SHADY OAKS SUBDIVISION INCLUDING AN EXTENSION INTO CARMEL HEIGHTS Whereas, pursuant to Resolution 54-95, certain public improvements including street paving with curb, sanitary sewer main, watermain, storm sewers and catch basins, boulevard street lighting, and off-site detention facilities were installed by the developer of Shady Oaks Subdivision, inclusive of Lots 1 through 35, and Lot A, and Lot 7 of an extension into Lot 7 of Carmel Heights. Whereas, the improvements have been completed and the City Manager has examined the work and has filed a certificate stating that the same has been completed in accordance with the plans approved by the City Council and in conformance with City specifications, and has recommended that the improvements be accepted by the City Council. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE: Section 1. That the recommendation of the City Manager be approved and that said public improvements in Shady Oaks Subdivision and the extension into Lot 7 of Carmel Heights be and the same is hereby accepted. Section 2. That the construction of sidewalks, including the removal of trees within the right of way, if necessary, is the responsibility of the property owner abutting said right of way. Section 3. That maintenance of said public improvements shall be the responsibility of the contractor and owner for a period of two (2) years from this date. th Passed, adopted and approved this 18 day of December, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Contract Termination Agreement – Tricon General Construction, Inc.: City Manager recommending approval of the Termination Agreement for the Construction Contract between the City of Dubuque, Iowa and Tricon General Construction for the National Mississippi River Museum and Aquarium Expansion Project – former Adams Company Building Re-Roof and Structural Repairs Project and authorize the City to compensate Tricon for all related expenses incurred in the amount of $90,583, for which the City will be fully reimbursed by the Dubuque County Historical Society, upon motion received and filed and approved recommendation. 2006 Sidewalk Assessment Project: City Manager recommending that assessments in the amount of $19,396.36 be levied against fifteen parcels of property as part of the 2006 Sidewalk Assessment Project, upon motion received and filed. Upon motion Resolution No. 596-06 Adopting the final assessment schedule for the 2006 Sidewalk Assessment Project including certain information required by the Code of Iowa, specifically, the number of annual installments into which assessments are divided, the interest on all unpaid installments, the time when the 5 assessments are payable and directing the Clerk to certify the final schedule and to publish notice thereof was adopted. RESOLUTION NO. 596-06 ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE 2006 SIDEWALK ASSESSMENT PROJECT INCLUDING CERTAIN INFORMATION REQUIRED BY THE CODE OF IOWA, SPECIFICALLY, THE NUMBER OF ANNUAL INSTALLMENTS INTO WHICH ASSESSMENTS ARE DIVIDED, THE INTEREST ON ALL UNPAID INSTALLMENTS, THE TIME WHEN THE ASSESSMENTS ARE PAYABLE AND DIRECTING THE CLERK TO CERTIFY THE FINAL SCHEDULE AND TO PUBLISH NOTICE THEREOF NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That after full consideration of the final schedule of assessments and accompanying plat showing the assessments proposed to be made for the construction of the 2006 Sidewalk Assessment Project under contract with Perry Construction of Dubuque, Iowa, and Arensdorf Construction of Dubuque, Iowa, which final plat and schedule were filed in the office of the City th Clerk on the 14 day of December, 2006, the said schedule of assessments be and the same is hereby approved and adopted. That there be, and is hereby assessed and levied as a special tax against and upon each of the lots, the respective sums indicated. Provided, further, that the amounts shown in said final schedule of assessments as deficiencies are found to be proper and levied conditionally against the respective properties benefited by the improvements as shown in the schedule, subject to the provisions of Section 384.63 of the Code of Iowa. Said assessments against said lots are hereby declared to be in proportion to the special benefits conferred and not in excess of twenty-five percent of the value of same. That the City Clerk be and is hereby directed to certify said schedule to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in the manner provided in Section 362.3, the first publication of which shall be not more than fifteen days from the date of filing of the final schedule. On or before the date of the second publication of the notice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided and directed in Section 384.60 of the Code of Iowa. Those assessments may be paid in full or in part without interest at the office of the City th Treasurer, City Hall, 50 W. 13 Street, Dubuque, Iowa, at any time within 30 days after the date of the first publication of this notice of the filing of the final schedule of assessments with the County Treasurer. After 30 days, unpaid assessments of $100.00 or more are payable in 10 annual installments at the County Treasurer’s Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa, and will draw annual interest at nine (9) percent (commencing on the date of acceptance of the work) computed to December 1 next following the due dates of the respective installments as provided in Section 384.65 of the Code of Iowa. Each installment will be delinquent from October 1 following its due date on July 1 of each year. Property owners may elect to pay any annual installments semiannually in advance. th Passed, approved and adopted this 18 day of December, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Eagle Point Bluff Scaling and Tree Removal Project: City Manager submitting a response to Richard Vorwald’s concerns regarding the Eagle Point Bluff Scaling and Tree Removal Project and recommending that the City proceed with the project. After discussion Michalski moved that 6 the communication be received and filed and the recommendation be approved. Seconded by Braig. Motion passed 7-0. Legislative Correspondence: Communication to area legislators requesting their support for continued funding of the Community Development Block Grant program, upon motion received and filed. Communication to area legislators requesting their support in restoring the funding cuts that the Clean Water State Revolving Loan Fund (SRF) has taken in recent years, upon motion received and filed. Delinquent Refuse, Sewer and Stormwater Management Accounts: City Manager recommending approval of the submission of the delinquent refuse, sewer and stormwater management collection accounts to the Dubuque County Treasurer in order to establish real property liens for collection of such past due account. Upon motion received, filed, and Resolution No. 597-06 Adopting the Schedule of Assessments for delinquent refuse, sewer and stormwater collection accounts and specifying the number of annual installments into which assessments are divided, the interest on all unpaid installments, the time when the assessments are payable and directing the Clerk to certify the schedule of assessments to the County Treasurer and to publish notice thereof was adopted. RESOLUTION NO. 597-06 ADOPTING THE SCHEDULE OF ASSESSMENTS FOR DELINQUENT REFUSE, SEWER AND STORMWATER COLLECTION ACCOUNTS SPECIFYING THE NUMBER OF ANNUAL INSTALLMENTS INTO WHICH ASSESSMENTS ARE DIVIDED, THE INTEREST ON ALL UNPAID INSTALLMENTS, THE TIME WHEN THE ASSESSMENTS ARE PAYABLE AND DIRECTING THE CLERK TO CERTIFY THE SCHEDULE OF ASSESSMENTS TO THE COUNTY TREASURER AND TO PUBLISH NOTICE THEREOF NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That after full consideration of the Schedule of Assessments attached hereto for which th Schedule of Assessments was filed in the office of the city Clerk on the 14 day of December, 2006, the said Schedule of Assessments be and the same is hereby approved and adopted. That there be, and is herby assessed and levied as a special tax against and upon each of the lots, the respective sums indicated. That the City Clerk be and is hereby directed to certify said schedule to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of which shall be not more than fifteen days from the date of filing of the final schedule. On or before the date of the second publication of the notice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided and directed in Iowa Code § 384.60. The assessments may be paid in full or in part without interest at the office of the City th Treasurer, City Hall, 50 W. 13 Street, Dubuque, Iowa, at any time within 30 days after the date of the first publication of the notice of the filing of the Schedule of Assessments with the County Treasurer. After 30 days, unpaid assessments of $100.00 or more are payable in 10 annual installments at the County Treasurer’s Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa, and will draw annual interest at nine (9) percent (commencing on the date of acceptance of the work) computed to December 1 next following the due dates of the respective installments as provided in Section 384.65 of the Code of Iowa. Each installment will be 7 delinquent from October 1 following its due date on July 1 of each year. Property owners may elect to pay any annual installments semiannually in advance. th Passed, approved and adopted this 18 day of December, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Tax Increment Financing Report: City Manager submitting the 2006 Annual Tax Increment Financing Report, upon motion received and filed. Federal Priorities: City Manager recommending approval of the City of Dubuque Priorities and Requests for Federal Appropriations, upon motion received, filed, and recommendation approved. The Durrant Group, Inc.: City Manager recommending approval of the submission of a Community Economic Betterment Account (CEBA) program application to the Iowa Department of Economic Development on behalf of The Durrant Group, Inc. Upon motion received, filed, and Resolution No. 598-06 Authorizing the filing of an Iowa Department of Economic Development application for financial assistance on behalf of Durrant Group, Inc. was adopted. RESOLUTION NO. 598-06 A RESOLUTION AUTHORIZING THE FILING OF AN IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT APPLICATION FOR FINANCIAL ASSISTANCE ON BEHALF OF DURRANT GROUP, INC. Whereas, Durrant Group, Inc. has proposed expanding its operations in the Port of Dubuque in Dubuque, Iowa; and Whereas, the City Council of Dubuque, Iowa has considered said proposal and has determined that the proposed project will contribute to the local economy through the creation of 10 new full- time jobs for area residents; and Whereas, the Iowa Department of Economic Development's financial assistance programs are designed to assist in the economic development efforts of local jurisdictions; and Whereas, the City of Dubuque, Iowa is eligible to apply for funding from the state's financial assistance programs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the filing of an Iowa Department of Economic Development Application for Financial Assistance on behalf of Durrant Group, Inc. is hereby approved. Section 2. That the local match identified in the application consisting of a 10-year TIF rebate is hereby approved, subject to the Iowa Department of Economic Development's approval of the application. Section 3. That the Mayor is hereby authorized to execute and the City Manager is hereby directed to submit said application to the Iowa Department of Economic Development together with such documents as may be required. Passed, approved, and adopted this 18th day of December 2006. Roy D. Buol, Mayor Attest: Jeanne Schneider, City Clerk Stipulation of Settlement Agreement: Notice of Stipulation of Settlement Agreement in the matter of the Hy-Vee Stores, Inc., 2005 Property Tax Protest and City Attorney recommending that the City receive and file the Notice of Stipulation, upon motion received, filed, and approved. 8 PEG Access Capital Grant Expenditure: City Manager recommending approval of the recommendation from the Cable TV Teleprogramming Commission to approve four requests for funding from the Capital Grant for Access Equipment and Facilities, upon motion received, filed, and recommendation approved. Green Communities Internship Opportunity: City Manager recommending approval of an application to the Iowa Department of Natural Resources for the City to host a Pollution Prevention Intern Program (P2) intern to perform environmental assessments at City buildings and facilities, upon motion received, filed, and recommendation approved. FCC Notice of Inquiry: City Manager recommending that the City join a coalition of communities to prepare a stay motion and appeal before the FCC acts to adopt a rule that will most likely have a very negative affect on the Dubuque Cable Franchise, upon motion received, filed, and recommendation approved. Signed Contracts: Chaplain Schmitt Memorial Project – Request for Additional Services and Pyatigorsk Park Parking Lot Project Change Orders, upon motion received and filed. Improvement Contracts / Performance, Payment and Maintenance Bonds: US 20 (Devon Drive to Menards) Capacity Improvements Project and University Avenue Embankment Stabilization Project, upon motion received and filed. Business License Refund: Refund of the Beer and Liquor License for The Bar X, Inc., upon motion received, filed, and refund approved. Business Licenses: City Manager recommending approval of annual liquor license renewals as submitted, upon motion received and filed. Upon motion Resolution No. 599-06 Granting the issuance of one new permit to sell cigarettes and cigarette papers within the City to Sam’s Club #4973; Resolution No. 600-06 Granting the issuance of a Class “B” Beer Permit to UAW Local #94 and one Class “C” Beer Permit to Hy-Vee #2; and Resolution No. 601-06 Granting the issuance of a Class “B” Liquor License to Julien Inn; Class “C” Beer/Liquor License to The Moracco, Inc.; Class “B” Wine Permit to Hy-Vee #2; and Class “WBN” Wine Permit to Engraved Gift Collection was adopted. RESOLUTION NO. 599-06 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. NEW Sam’s Club # 4973 Sam’s West Inc. 4400 Asbury Passed, approved and adopted this 18th day of December, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 600-06 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved: and 9 Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS “B” BEER Intern’l UAW Local # 94 UAW Local # 94+(Sunday Sale) 3450 Central Ave. CLASS “C” BEER PERMIT Hy-Vee Inc. Hy-Vee #2+(Sunday Sale) 2395 NW Arterial Passed, approved and adopted this 18th day of December, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk ITEMS TO BE SET FOR PUBLIC HEARING Motion by Cline to receive, file, adopt Resolutions, set public hearings as specified, and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Lynch. Motion carried 7-0. Request to Vacate – Unnamed Street Between 640 and 650 Kane Street: City Manager recommending that a public hearing be set for January 3, 2007 to consider a request from Tim Schmit II to vacate and purchase an unnamed street between 640 and 650 Kane Street. Upon motion received, filed, and Resolution No. 602-06 Resolution of intent to vacate and dispose of an unnamed street between 640 and 650 Kane Street in the City of Dubuque, Dubuque County, Iowa, was adopted setting a public hearing for January 3, 2007, at a meeting to commence at 6:30 PM in the public library auditorium. RESOLUTION NO. 602-06 RESOLUTION OF INTENT TO VACATE AND DISPOSE OF AN UNNAMED STREET BETWEEN 640 AND 650 KANE STREET IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, Tim Schmit II has requested the vacating and disposal of an unnamed street between 640 and 650 Kane Street; and Whereas, Buesing & Associates, Inc., has prepared and submitted to the City Council a plat showing the vacated unnamed street between 640 and 650 Kane Street and assigned lot numbers thereto, which hereinafter shall be known and described as Lots 4A, 4B and 4C of Kieffer Place in the City of Dubuque, Dubuque County, Iowa, should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to vacate and dispose of its interest in Lots 4A, 4B and 4C of Kieffer Place in the City of Dubuque, Dubuque County, Iowa. Section 2. That the conveyance of Lot 4A of Kieffer Place in the City of Dubuque, Dubuque County, Iowa to Irene H. Schueller be contingent upon the payment of $300, plus surveying, platting, publication and filing fees. Section 3. That the conveyance of Lot 4B of Kieffer Place in the City of Dubuque, Dubuque County, Iowa to Timothy J. Schmit, II aka Timothy J. Schmit, Jr., be contingent upon the payment of $300, plus surveying, platting, publication and filing fees. 10 Section 4. That the conveyance of Lot 4C of Kieffer Place in the City of Dubuque, Dubuque County, Iowa to Roger H. Lindecker be contingent upon the payment of $300, plus surveying, platting, publication and filing fees. Section 5. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to vacate and dispose of said real estate to be published in the manner as prescribed by law. th Passed, approved and adopted this 18 day of December, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Correction Quit Claim Deed: City Manager recommending approval of the Correction Quit Claim Deed for Lot 22 of “Glenview”, a Subdivision in the City of Dubuque and that a public hearing be set for January 3, 2007 to consider disposing of the property with the corrected legal description, upon motion received and filed. Upon motion Resolution No. 603-06 Resolution of intent to dispose of City interest in Lot 22 of “Glenview” a Subdivision in the City of Dubuque, Dubuque County, Iowa, was adopted setting a public hearing for January 3, 2007, at a meeting to commence at 6:30 PM in the public library auditorium. RESOLUTION NO. 603-06 RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN LOT 22 OF “GLENVIEW” A SUBDIVISION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, Attorney Mark Willging, on behalf of John C. and Margaret A. Hendry, has requested a Correction Quit Claim Deed; and Whereas, Mark Willging has prepared and submitted to the City Council a Correction Quit Claim Deed showing the corrected legal description of a lot previously disposed of by Resolution 81-00 on the 6th day of March, 2000. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to dispose of its interest in Lot 22 of “Glenview” a Subdivision in the City of Dubuque, Dubuque County, Iowa, to John C. and Margaret A. Hendry. Section 2. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to dispose of said real estate to be published in the manner as prescribed by law. th Passed, approved and adopted this 18 day of December, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Eagle Point Rock Bluff Stabilization Project: City Manager recommending initiation of the public bidding process for the Eagle Point Rock Bluff Stabilization Project and that a public hearing be set for February 5, 2007. Upon motion received, filed, and Resolution No. 604-06 Preliminary approval of plans and specifications; Resolution No. 605-06 Setting date of hearing on plans and specifications on February 5, 2007, at a meeting to commence at 6:30 PM in the public library auditorium; and Resolution No. 606-06 Ordering bids were adopted. RESOLUTION NO. 604-06 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 11 That the proposed plans, specifications, form of contract and estimated cost for the Eagle Point Bluff Scaling & Tree Removal Project in the estimated amount of $72,450.00 are hereby approved and ordered filed in the office of the City Clerk for public inspection. th Passed, adopted and approved this 18 day of December, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 605-06 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection of the Eagle Point Bluff Scaling & Tree Removal Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: th That a public hearing will be held on the 5 day of February, 2007, at 6:30 PM in the Public Library Auditorium at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby 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 Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement. th Passed, adopted and approved this 18 day of December, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 606-06 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Eagle Point Bluff Scaling & Tree Removal Project is hereby ordered to be advertised for bids for construction. 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 of the Notice to Bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than forty-five days th prior to the receipt of said bids at 2:00 PM on the 16 day of January, 2007. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 6:30 th PM on the 5 day of February, 2007. th Passed, adopted and approved this 18 day of December, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Washington Neighborhood Urban Revitalization Area Plan: City Manager recommending that a public hearing be set for February 5, 2007 to consider adoption of the Washington Neighborhood Urban Revitalization Area Plan. Upon motion received, filed, and Resolution No. 607-06 Finding that the rehabilitation and conservation of the hereinafter described properties, comprising the 12 Washington Neighborhood Urban Revitalization Area, is necessary in the interests of the public health, safety and welfare of the residents of the City of Dubuque; and Resolution No. 608-06 Acknowledging a proposed plan for the Washington Neighborhood Urban Revitalization Area, setting a public hearing on February 5, 2007, at a meeting to commence at 6:30 PM in the public library auditorium were adopted. RESOLUTION NO. 607-06 FINDING THAT THE REHABILITATION AND CONSERVATION OF THE HEREINAFTER DESCRIBED PROPERTIES, COMPRISING THE WASHINGTON NEIGHBORHOOD URBAN REVITALIZATION AREA IS NECESSARY IN THE INTERESTS OF THE PUBLIC HEALTH, SAFETY AND WELFARE OF THERESIDENTS OF THE CITY Whereas, Chapter 404 of the Code of Iowa allows cities to give property tax exemptions for properties on which improvements have been made in a designated revitalization area, and further authorizes cities to issue revenue bonds for revitalization in urban renewal areas; and Whereas, the Washington Neighborhood Urban Revitalization Area as hereinafter described is an area containing a substantial number of deteriorated or deteriorating structures, retarding the provision of housing accommodations; and Whereas, said area has a predominance of buildings and improvements which are significant by reason of age, history and architecture, and should be preserved or restored to productive use. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the rehabilitation and conservation of the hereinafter described area is hereby found to be necessary in the interests of the public health, safety and welfare of the residents of the City, which area’s boundaries are described as follows: nd Beginning at the northeast corner of Kniest Street and 22 Street, continue southeast on Kniest th Street until 20 Street (Garfield Avenue), turn west until Elm Street, turn south on Elm Street until thth 11 Street, turn west on 11th Street until Central Avenue, turn north on Central until 14 Street, at nd which point turn west and run north behind the properties facing Central Avenue to 22 Street, nd then continue east on 22 Street to the starting point, excluding the Manesseh House Urban Revitalization District at 2080 Elm Street, legally described as Lot 1of Lot 2 of Lot 1 of Lot 2 of Lot 2 of Lot 3 of Lot 10 and part of Lot 1 of Lot 1 of Lot 2 of Lot 3 of Lot 10 in Kniest Subdivision, all in the City of Dubuque, Iowa. Section 2. That the above-described area meets the eligibility criteria of Chapter 404 of the Code of Iowa currently in effect. th Passed, approved and adopted this 18 day of December, 2001. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk RESOLUTION NO. 608-06 A RESOLUTION ACKNOWLEDGING A PROPOSED PLAN FOR THE WASHINGTON NEIGHBORHOOD URBAN REVITALIZATION AREA, AND PROVIDING FOR A PUBLIC HEARING Whereas, Resolution No. 607-06 has set forth a finding that the Washington Neighborhood Urban Revitalization Area meets the eligibility criteria of §404.1 of the Code of Iowa, and that the rehabilitation of the said Area is in the interests of the public health, safety and welfare of the residents of the City; and Whereas, Chapter 404 of the Code of Iowa provides that a public hearing shall be held on a proposed plan for the revitalization area. 13 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Proposed Urban Revitalization Plan for the Washington Neighborhood Area be made a matter of record and shall be available for public inspection in the Office of the City th Clerk at City Hall, 50 West 13 Street, Dubuque, Iowa; Section 2. That the City Clerk is authorized and directed to submit the Washington Neighborhood Urban Revitalization Area Plan to the City’s Long Range Planning Advisory Commission for review and comment; Section 3. That the City Clerk is directed to publish notice of a public hearing on the Washington Neighborhood Urban Revitalization Area Plan to be held on February 5, 2007 at 6:30 th PM in the Carnegie Stout Library Auditorium, 360 West 11 Street, Dubuque, Iowa 52001; and th Section 4. That all interested parties will be notified as required by law by the 30 day prior to the public hearing. th Passed, approved and adopted this 18 day of December, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk BOARDS/COMMISSIONS Appointments to the following Commission: Human Rights Commission (Three 3-year terms through January 1, 2010 – Terms of Giesen, Jackson and Jarrard). Applicants: Mary Coan, Shane Oswald, Gretel Winterwood. Motion by Michalski that Mary Coan, Shane Oswald, and Gretel Winterwood be appointed to the Human Rights Commission for three year terms which will expire January 1, 2010. Seconded by Cline. Motion passed 7-0. PUBLIC HEARINGS Upon motion the rules were suspended to allow anyone present to address the Council. Herrig Voluntary Annexation: Proof of publication on notice of hearing to consider approval of the voluntary annexation request and annexation agreement of John and Sally Jo Herrig and City Manager recommending approval, upon motion received and filed. Motion by Cline to receive, file, and adopt Resolution No. 609-06 Approving application for voluntary annexation of territory owned by John W. and Sally Jo Herrig. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 609-06 RESOLUTION APPROVING APPLICATION FOR VOLUNTARY ANNEXATION OF TERRITORY OWNED BY JOHN W. AND SALLY JO HERRIG Whereas, John W. and Sally Jo Herrig, as property owners have submitted a written application for voluntary annexation of approximately 112.10 acres of territory lying outside the corporate limits of the City of Dubuque, Iowa, as shown in Exhibit A and legally described as: th Lot 1 of Lot 2 of the SW ¼ of the SE ¼ of Section 8, T89N, R2E of the 5 PM in Dubuque County, Iowa (parcel ID # 1008451003) th Lot 1 of Butler’s Hill Second Addition, T89N, R2E of the 5 PM in Dubuque County, Iowa (parcel ID # 1008376003); th Lot 3 of Butler’s Hill Second Addition, T89N, R2E of the 5 PM in Dubuque County, Iowa (parcel ID # 1008451004); th Lot 2 of the N ½ of the SW ¼ of Section 8, T89N, R2E of the 5 PM in Dubuque County, Iowa (parcel ID # 1008328003); and 14 th SW ¼ of the SW ¼ of Section 8, T89N, R2E of the 5 PM in Dubuque County, Iowa (parcel ID # 1008351001); Whereas, the annexation territory is not subject to an existing annexation moratorium; and Whereas, the annexation territory does not include any state or railroad property; and Whereas, the annexation territory includes 0.647 of adjacent County road right-of-way to the centerline of Derby grange Road; and Whereas, Chapter 368 of the Code of Iowa authorizes the extension of City limits in situations of this character by adoption of a resolution and notification as required by State regulations; and Whereas, this request has been found to be consistent with the Comprehensive Plan and the Proposed Land Use Map of the Comprehensive Plan; and Whereas, the future growth and development of the City of Dubuque, Iowa makes it desirable that said territory be made part of the City of Dubuque, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the corporate limits of Dubuque, Iowa be and they are hereby extended to include the territory as legally described above and as shown in Exhibit A. thnd Section 2. The territory hereby annexed shall become part of the 11 Precinct of the 2 Ward of the City of Dubuque, Iowa. Section 3. The City shall provide for the transition for the imposition of City taxes against property owner’s property, as provided by Chapter 368 of the Code of Iowa. That property owner’s property shall be entitled to the following partial exemption from taxation for City taxes for a period of five years: a. For the first year, seventy-five percent (75%). b. For the second year, sixty percent (60%). c. For the third year, forty-five percent (45%). d. For the fourth year, thirty percent (30%). e. For the fifth year, fifteen percent (15%). The five-year period shall begin when the Property is placed on City tax rolls by Dubuque County. Lots sold after that date shall receive the partial exemption percentage only for the remaining years of the five-year period. Section 4. That the City Clerk shall file this resolution, all exhibits and the petition for voluntary annexation with the State of Iowa in accordance with State Regulations. th Passed, approved and adopted this 18 day of December, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Dubuque Industrial Center Planned District: Communication from Jennifer A. Clemens-Conlon, representing Dubuque Initiatives, withdrawing the requested PUD amendment in the Dubuque Industrial Center Planned District; Proof of publication on notice of hearing to consider a request from Dubuque Initiatives, Horsfield Company/Aaron DeJong, Economic Development Department to amend the Dubuque Industrial Center Planned District to add landscaping requirements and Zoning Advisory Commission recommending denial, and an Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by adopting a revised Planned Unit Development Ordinance for the Dubuque Industrial Center Phases I and II located at the southwest corner of Highway 32 (Northwest Arterial) and Chavenelle Road and by repealing Ordinance 34-06, upon motion received and filed and accepted the request for withdrawal. 15 1331 Rockdale Road – Request to Rezone: Proof of publication on notice of hearing to consider rezoning property located at 1331 Rockdale Road from R-2 Two-Family Residential District to R-1 Single-Family Residential District as requested by David Hartig/Gary Heiar and Zoning Advisory Commission recommending approval, upon motion received and filed. Ordinance No. 77-06 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 1331 Rockdale Road Street from R-2 Two-Family Residential District to R-1 Single-Family Residential District, presented and read. Connors 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 Lynch. Motion carried 7-0. Connors moved final consideration and passage of the Ordinance. Seconded by Braig. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 77-06 AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 1331 ROCKDALE ROAD STREET FROM R-2 TWO-FAMILY RESIDENTIAL DISTRICT TO R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OFDUBUQUE, IOWA: Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter-described property from R-2 Two- Family Residential District to R-1 Single-Family Residential District, to wit: Lot 2 Heiar Place, and to the centerline of the adjoining public right-of- way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. th Passed, approved and adopted this 18 day of December, 2006. /s/Roy D. Buol, Mayor: Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 27 day of December, 2006. /s/Jeanne F. Schneider, CMC, City Clerk 1t 12/27 Child Care Resource and Referral – Request for Text Amendment: Proof of publication on notice of hearing to consider amending the Zoning Ordinance regulations regarding daycare to be consistent with State of Iowa regulations as requested by Cherie Kennedy/Child Care Resource and Referral and Zoning Advisory Commission recommending approval, upon motion received and filed. Cherie Kennedy, Child Care Resource and referral, spoke in support of the proposed ordinances and explained the State regulations. Ordinance No. 78-06 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by adding child care as an accessory use in the R-1 Single-Family, R-2 Two-Family, R-2A Alternate Two-Family, R-3 Moderate Density Multi-Family, R-4 Multi-Family and OR Office Residential Districts; Ordinance No. 79-06 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances Section 4-7.2, Permitted Home Occupations, deleting day care home as a permitted home occupation; Ordinance No. 80-06 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by adding a new definition to Section 8 to define child care and 16 licensed child care centers and delete the definition for day care home and group day care centers; and Ordinance No. 81-06 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by amending Group Day Care to Licensed Child Care Center, and amending the floor area requirements to reflect State of Iowa regulations in the R-1 Single-Family, R-2 Two Family, R-2A Alternate Two-Family, R-3 Moderate Density Multi-Family, R-4 Multi- Family, OR Office Residential, OS Office Service, OC Office Commercial, C-2 Neighborhood Shopping Center, C-3 General Commercial, C-4 Downtown Commercial, C-5 Central Business, LI Light Industrial, MHI Modified Heavy Industrial, and HI Heavy Industrial Districts, presented and read. Connors moved that the requirement that the proposed Ordinances be considered and voted on for passage at two Council Meetings prior to the meeting at which they are to be finally passed be suspended. Seconded by Braig. Motion carried 7-0. Connors moved final consideration and passages of the Ordinances. Seconded by Michalski. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 78-06 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY ADDING CHILD CARE AS AN ACCESSORY USE IN THE R-1 SINGLE-FAMILY, R-2 TWO-FAMILY, R-2A ALTERNATE TWO-FAMILY, R-3 MODERATE DENSITY MULTI-FAMILY, R-4 MULTI-FAMILY AND OR OFFICE RESIDENTIAL DISTRICTS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Sections 3-1.1(c), 3-1.2(c), 3-1.3(c), 3-1.4(c), 3-1.5(c) and 3-2.1(c) of the Code of Ordinances are hereby amended by adding Child Care as an accessory use in the R-1, R-2, R- 2A, R-3, R-4 and OR Districts as follows: Sections 3-1.1(c), 3-1.2(c), 3-1.3(c), 3-1.4(c), 3-1.5(c) and 3-2.1(c) (C) Accessory Uses: The following uses shall be permitted as accessory uses as provided in Section 4 of this Ordinance: (1) Attached garages. (2) Detached garages. (3) Noncommercial greenhouses. (4) Solar collectors. (5) Wind generators. (6) Satellite receiving dishes. (7) Storage buildings. (8) Readily movable sports, recreation or outdoor cooking equipment. (9) Tennis courts, swimming pools and similar permanent facilities. (10) Home occupations. (11) Noncommercial gardens and nurseries. (12) Off-street parking and storage of vehicles. (13) Fences. (14) Garage sales or rummages sales provided that not more than three (3) such sales shall be allowed per premises per calendar year and not more than three (15) Child Care Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. th Passed, approved and adopted this 18 day of December, 2006. 17 /s/Roy D. Buol, Mayor: Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 27 day of December, 2006. /s/Jeanne F. Schneider, CMC, City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 79-06 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES SECTION 4-7.2, PERMITTED HOME OCCUPATIONS, DELETING DAY CARE HOME AS A PERMITTED HOME OCCUPATION. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by deleting day care home as a permitted home occupation from Section 4-7.2 as shown below: 4-7.2 Permitted Home Occupations: The following are permitted home occupations: (a) Dressmaking, sewing and tailoring. (b) Painting, sculpturing and writing. (c) Telephone answering. (d) Home crafts. (e) Tutoring limited to four (4) persons at one time. (f) Home cooking and preserving. (g) Computer programming. (h) Art studio. (i) Reserved for future use. (j) Teaching limited to four (4) persons at one time. (k) Cake decorating. (l) Income tax preparation. (m) Mailing services. (n) Insurance sales persons. (o) Ceramics. (p) Typist/stenographer. (q) Film processing. (r) Home products distributors. (s) Consultant services. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. th Passed, approved and adopted this 18 day of December, 2006. /s/Roy D. Buol, Mayor: Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 27 day of December, 2006. /s/Jeanne F. Schneider, CMC, City Clerk 1t 12/27 OFFICIAL PUBLICATION ORDINANCE NO. 80-06 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY ADDING A NEW DEFINITION TO SECTION 8 TO 18 DEFINE CHILD CARE AND LICENSED CHILD CARE CENTERS AND DELETE THE DEFINITION FOR DAY CARE HOME AND GROUP DAY CARE CENTER. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by adding new definitions to Section 8 as follows: Child Care: The care or supervision of a child by a person other than the child’s parent/guardian or custodian for periods of less than 24 hours per day per child on a regular basis. Child Care does not include a Licensed Child Care Center. Licensed Child Care Center: A facility providing child care or preschool services for children that requires State of Iowa licensure. Section 2. Appendix A of the Zoning Ordinance of the City of Dubuque Code of Ordinances is herby amended by deleting the following definitions from Section 8: Day care home: A residential accessory use providing temporary supplemental parental care for children where such care is provided within a dwelling unit by the permanent resident thereof, for no more than eleven (11) children and defined by chapter 237A of the Code of Iowa. This number shall include the provider’s own children who are not regularly in school full days. Group day care center: An establishment regularly providing temporary supplemental parental care or educational instruction for more than eleven (11) children, or as defined by chapter 237A of the Code of Iowa. Section 3. That the foregoing has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 4. This ordinance shall take effect immediately upon publication. th Passed, approved and adopted this 18 day of December, 2006. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 27 day of December, 2006. /s/Jeanne F. Schneider, CMC, City Clerk 1t 12/27 OFFICIAL PUBLICATION ORDINANCE NO. 81-06 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY AMENDING GROUP DAY CARE TO LICENSED CHILD CARE CENTER, AND AMENDING THE FLOOR AREA REQUIREMENTS TO REFLECT STATE OF IOWA REGULATIONS IN THE R-1 SINGLE-FAMILY, R-2 TWO FAMILY, R-2A ALTERNATE TWO-FAMILY, R-3 MODERATE DENSITY MULTI-FAMILY, R-4 MULTI-FAMILY, OR OFFICE RESIDENTIAL, OS OFFICE SERVICE, OC OFFICE COMMERCIAL, C-2 NEIGHBORHOOD SHOPPING CENTER, C-3 GENERAL COMMERCIAL, C-4 DOWNTOWN COMMERCIAL, C-5 CENTRAL BUSINESS, LI LIGHT INDUSTRIAL, MHI MODIFIED HEAVY INDUSTRIAL, AND HI HEAVY INDUSTRIAL DISTRICTS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by repealing Section 3-1.1(D)(2) and adopting the following new Section 3-1.1(D)(2) for the R-1 Single-Family Residential District: 19 (D) Conditional Uses: (2) Licensed child care centerprovided that: (a) All applicable state requirements have been met; (b) The parking group requirements can be met – [8]; (c) Such facility shall supply loading and unloading of children so as not to obstruct public streets, or create traffic or safety hazards; (d) All licenses have been issued or have been applied for awaiting the outcome of the board’s decision; and (e) Signage shall be limited to one non-illuminated, wall-mounted sign not to exceed four (4) square feet in area. Section 2. That Appendix A of the Zoning Ordinance of the City of Dubuque Code of Ordinances is hereby amended by repealing Section 3-1.2(D)(3) and adopting the following new Section 3-1.2(D)(3) for the R-2 Two-Family Residential District. (D) Conditional Uses: (3) Licensed child care centerprovided that: (a) All applicable state requirements have been met; (b) The parking group requirements can be met – [8] (c) Such facility shall supply loading and unloading of children so as not to obstruct public streets, or create traffic or safety hazards; (d) All licenses have been issued or have been applied for awaiting the outcome of the board’s decision; and (e) Signage shall be limited to one non-illuminated, wall-mounted sign not to exceed four (4) square feet in area. Section 3. That Appendix A of the Zoning Ordinance of the City of Dubuque Code of Ordinances is hereby amended by repealing Section 3-1.3(D)(4) and adopting the following new Section 3-1.3(D)(4) for the R-2A Alternate Two-Family Residential District. (D) Conditional Uses: (4) Licensed child care centerprovided that: (a) All applicable state requirements have been met; (b) The parking group requirements can be met – [8] (c) Such facility shall supply loading and unloading of children so as not to obstruct public streets, or create traffic or safety hazards; (d) All licenses have been issued or have been applied for awaiting the outcome of the board’s decision; and (e) Signage shall be limited to one non-illuminated, wall-mounted sign not to exceed four (4) square feet in area. Section 4. That Appendix A of the Zoning Ordinance of the City of Dubuque Code of Ordinances is hereby amended by repealing Section 3-1.4(D)(5) and adopting the following new Section 3-1.4(D)(5) for the R-3 Moderate Density Multi-Family Residential District. (D) Conditional Uses: (5) Licensed child care centerprovided that: (a) All applicable state requirements have been met; (b) The parking group requirements can be met – [8] (c) Such facility shall supply loading and unloading of children so as not to obstruct public streets, or create traffic or safety hazards; (d) All licenses have been issued or have been applied for awaiting the outcome of the board’s decision; and (e) Signage shall be limited to one non-illuminated, wall-mounted sign not to exceed four (4) square feet in area. 20 Section 5. That Appendix A of the Zoning Ordinance of the City of Dubuque Code of Ordinances is hereby amended by repealing Section 3-1.5(D)(4) and adopting the following new Section 3-1.5(D)(4) for the R-4 Multi-Family Residential District. (D) Conditional Uses: (4) Licensed child care centerprovided that: (a) All applicable state requirements have been met; (b) The parking group requirements can be met – [8] (c) Such facility shall supply loading and unloading of children so as not to obstruct public streets, or create traffic or safety hazards; (d) All licenses have been issued or have been applied for awaiting the outcome of the board’s decision; and (e) Signage shall be limited to one non-illuminated, wall-mounted sign not to exceed four (4) square feet in area. Section 6. That Appendix A of the Zoning Ordinance of the City of Dubuque Code of Ordinances is hereby amended by repealing Section 3-2.1(D)(4) and adopting the following new Section 3-2.1(D)(4) for the Office Residential District. (D) Conditional Uses: (4) Licensed child care centerprovided that: (a) All applicable state requirements have been met; (b) The parking group requirements can be met – [8] (c) Such facility shall supply loading and unloading of children so as not to obstruct public streets, or create traffic or safety hazards; (d) All licenses have been issued or have been applied for awaiting the outcome of the board’s decision; and (e) Signage shall be limited to one non-illuminated, wall-mounted sign not to exceed four (4) square feet in area. Section 7. That Appendix A of the Zoning Ordinance of the City of Dubuque Code of Ordinances is hereby amended by repealing Section 3-2.2(D)(2) and adopting the following new Section 3-2.2(D)(2) for the Office Service District. (D) Conditional Uses: (2) Licensed child care centerprovided that: (a) All applicable state requirements have been met; (b) The parking group requirements can be met – [8] (c) Such facility shall supply loading and unloading of children so as not to obstruct public streets, or create traffic or safety hazards; (d) All licenses have been issued or have been applied for awaiting the outcome of the board’s decision; and (e) Signage shall be limited to one non-illuminated, wall-mounted sign not to exceed four (4) square feet in area. Section 8. That Appendix A of the Zoning Ordinance of the City of Dubuque Code of Ordinances is hereby amended by repealing Section 3-2.3(D)(4) and adopting the following new Section 3-2.3(D)(4) for the Office Commercial District. (D) Conditional Uses: (4) Licensed child care centerprovided that: (a) All applicable state requirements have been met; (b) The parking group requirements can be met – [8] (c) Such facility shall supply loading and unloading of children so as not to obstruct public streets, or create traffic or safety hazards; 21 (d) All licenses have been issued or have been applied for awaiting the outcome of the board’s decision; and (e) Signage shall be limited to one non-illuminated, wall-mounted sign not to exceed four (4) square feet in area. Section 9. That Appendix A of the Zoning Ordinance of the City of Dubuque Code of Ordinances is hereby amended by repealing Section 3-3.2(D)(7) and adopting the following new Section 3-3.2(D)(7) for the C-2 Neighborhood Shopping Center District. (D) Conditional Uses: (7) Licensed child care centerprovided that: (a) All applicable state requirements have been met; (b) The parking group requirements can be met – [8] (c) Such facility shall supply loading and unloading of children so as not to obstruct public streets, or create traffic or safety hazards; (d) All licenses have been issued or have been applied for awaiting the outcome of the board’s decision; and (e) Signage shall be limited to one non-illuminated, wall-mounted sign not to exceed four (4) square feet in area. Section 10. That Appendix A of the Zoning Ordinance of the City of Dubuque Code of Ordinances is hereby amended by repealing Section 3-3.3(D)(2) and adopting the following new Section 3-3.3(D)(2) for the C-3 General Commercial District. (D) Conditional Uses: (2) Licensed child care centerprovided that: (a) All applicable state requirements have been met; (b) Such facility shall provide for the loading and unloading of children so as not to obstruct public streets or create traffic or safety hazards; (c) All licenses have been issued or have been applied for awaiting the outcome of the Board’s decision; (d) No group day-care center may be located within the same structure as any gas station, bar/tavern, automated gas station or any facility selling, servicing, repairing or renting vehicles; (e) The parking group requirements can be met – [8]; and (f) Signage for a single-family home location shall be limited to one non- illuminated, wall-mounted sign not to exceed four (4) square feet in area. Section 11. That Appendix A of the Zoning Ordinance of the City of Dubuque Code of Ordinances is hereby amended by repealing Section 3-3.4(D)(12) and adopting the following new Section 3-3.4(D)(12) for the C-4 Downtown Commercial District. (D) Conditional Uses: (12) Licensed child care centerprovided that: (a) All applicable state requirements have been met; (b) Such facility shall provide for the loading and unloading of children so as not to obstruct public streets or create traffic or safety hazards; (c) All licenses have been issued or have been applied for awaiting the outcome of the Board’s decision; (d) No group day-care center may be located within the same structure as any gas station, bar/tavern, automated gas station or any facility selling, servicing, repairing or renting vehicles; (e) The parking group requirements can be met – [8]; and (f) Signage for a single-family home location shall be limited to one non- illuminated, wall-mounted sign not to exceed four (4) square feet in area. 22 Section 12. That Appendix A of the Zoning Ordinance of the City of Dubuque Code of Ordinances is hereby amended by repealing Section 3-3.5(D)(1) and adopting the following new Section 3-3.5(D)(1) for the C-5 Central Business District. (D) Conditional Uses: (1) Licensed child care centerprovided that: (a) All applicable state requirements have been met; (b) Such facility shall provide for the loading and unloading of children so as not to obstruct public streets or create traffic or safety hazards; (c) All licenses have been issued or have been applied for awaiting the outcome of the Board’s decision; (d) No group day-care center may be located within the same structure as any gas station, bar/tavern, automated gas station or any facility selling, servicing, repairing or renting vehicles; (e) Signage for a single-family home location shall be limited to one non- illuminated, wall-mounted sign not to exceed four (4) square feet in area;. and (f) The parking group requirements can be met – [8]. Section 13. That Appendix A of the Zoning Ordinance of the City of Dubuque Code of Ordinances is hereby amended by repealing Section 3-4.1(D)(1) and adopting the following new Section 3-4.1(D)(1) for the LI Light Industrial District. (D) Conditional Uses: (1) Licensed child care centerprovided that: (a) All applicable state requirements have been met; (b) Such facility shall provide for the loading and unloading of children so as not to obstruct public streets or create traffic or safety hazards; (c) All licenses have been issued or have been applied for awaiting the outcome of the Board’s decision; (d) No group day-care center may be located within the same structure as any gas station, bar/tavern, automated gas station or any facility selling, servicing, repairing or renting vehicles; (e) The parking group requirements can be met – [8]; (f) The conditional use applicant certifies that the premises on which the group day care center will be located complies with, and will for so long as the group day care center is so located, continue to comply with all local, state and federal regulations governing hazardous substances, hazardous conditions, hazardous wastes, and hazardous materials, including but not limited to Iowa Code Chapter 455B (1991); 42 USC section 9601 of the Federal Comprehensive Environmental Response Compensation and Liability Act; 40 CFR section 302.4; and section 302 of the Superfund Amendments and Reauthorization Act of 1986; (g) If the applicant is subject to the requirements of section 302 of the Superfund Amendments and Reauthorization Act of 1986, the Emergency Management Director shall certify whether or not the applicant has submitted a current inventory of extremely hazardous substances kept or stored on the premises. If any such extremely hazardous substances are kept or stored on the premises, the applicant shall also post in a conspicuous place on the premises a notice indicating a description of the extremely hazardous substances, and the physical and health hazards presented by such substances. 23 Section 14. That Appendix A of the Zoning Ordinance of the City of Dubuque Code of Ordinances is hereby amended by repealing Section 3-4.2(D)(2) and adopting the following new Section 3-4.2(D)(2) for the HI Heavy Industrial District. (D) Conditional Uses: (2) Licensed child care centerprovided that: (a) All applicable state requirements have been met; (b) Such facility shall provide for the loading and unloading of children so as not to obstruct public streets or create traffic or safety hazards; (c) All licenses have been issued or have been applied for awaiting the outcome of the Board’s decision; (d) No group day-care center may be located within the same structure as any gas station, bar/tavern, automated gas station or any facility selling, servicing, repairing or renting vehicles; (e) The parking group requirements can be met – [8]; (f) The conditional use applicant certifies that the premises on which the group day care center will be located complies with, and will for so long as the group day care center is so located, continue to comply with all local, state and federal regulations governing hazardous substances, hazardous conditions, hazardous wastes, and hazardous materials, including but not limited to Iowa Code Chapter 455B (1991); 42 U. S. C. section 9601 of the Federal Comprehensive Environmental Response Compensation and Liability Act; 40 C. F. R. section 302.4; and section 302.4, and section 302 of the Superfund Amendments and Reauthorization Act of 1986; and (g) If the applicant is subject to the requirements of section 302 of the Superfund Amendments and Reauthorization Act of 1986, the Emergency Management Director shall certify whether or not the applicant has submitted a current inventory of extremely hazardous substances kept or stored on the premises. If any such extremely hazardous substances are kept or stored on the premises, the applicant shall also post in a conspicuous place on the premises a notice indicating a description of the extremely hazardous substances, and the physical and health hazards presented by such substances. Section 15. That Appendix A of the Zoning Ordinance of the City of Dubuque Code of Ordinances is hereby amended by repealing Section 3-4.4(D)(1) and adopting the following new Section 3-4.4(D)(1) for the MHI Modified Heavy Industrial District. (D) Conditional Uses: (1) Licensed child care centerprovided that: (a) All applicable state requirements have been met; (b) Such facility shall provide for the loading and unloading of children so as not to obstruct public streets or create traffic or safety hazards; (c) All licenses have been issued or have been applied for awaiting the outcome of the Board’s decision; (d) No group day-care center may be located within the same structure as any gas station, bar/tavern, automated gas station or any facility selling, servicing, repairing or renting vehicles; (e) The parking group requirements can be met – [8]; (f) The conditional use applicant certifies that the premises on which the group day care center will be located complies with, and will for so long as the group day care center is so located, continue to comply with all local, state 24 and federal regulations governing hazardous substances, hazardous conditions, hazardous wastes, and hazardous materials, including but not limited to Iowa Code Chapter 455B (1991); 42 U. S. C. section 9601 of the Federal Comprehensive Environmental Response Compensation and Liability Act; 40 C. F. R. section 302.4; and section 302.4, and section 302 of the Superfund Amendments and Reauthorization Act of 1986; and (g) If the applicant is subject to the requirements of section 302 of the Superfund Amendments and Reauthorization Act of 1986, the Emergency Management Director shall certify whether or not the applicant has submitted a current inventory of extremely hazardous substances kept or stored on the premises. If any such extremely hazardous substances are kept or stored on the premises, the applicant shall also post in a conspicuous place on the premises a notice indicating a description of the extremely hazardous substances, and the physical and health hazards presented by such substances. Section 16. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 17. This ordinance shall take effect immediately upon publication, as provided by law. th Passed, approved and adopted this 18 day of December, 2006. /s/Roy D. Buol, Mayor: Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 27 day of December, 2006. /s/Jeanne F. Schneider, CMC, City Clerk 1t 12/27 Code of Ordinances: Proof of publication on notice of hearing to consider adoption of a revised Code of Ordinances and City Manager recommending approval upon completion of a thirty day review period. Michalski moved to receive, file, and approve recommendation. Seconded by Connors. Motion carried 7-0. Upon motion the rules were reinstated limiting discussion to the Council. ACTION ITEMS Dubuque County Historical Society: City Manager recommending approval to open negotiations with the Dubuque County Historical Society to commit to building a 750-car parking ramp in the Port of Dubuque by 2010 and space for the building of a large format theater and to send a letter to the Vision Iowa Board. Motion by Cline to receive, file and approve recommendation. Seconded by Jones. Motion carried 7-0. Public Nuisance Tax Sales: City Manager recommending approval to request the Dubuque County Board of Supervisors adopt an ordinance authorizing the County Treasurer to sell at annual tax sale delinquent taxes on parcels that are abandoned property and that are or may become a public nuisance. Motion by Connors to receive, file, and approve recommendation. Seconded by Jones. Motion carried 7-0. AmeriCorps Application: City Manager recommending approval of the submission of an application to the Corporation for National and Community Service for Partners in Learning 25 AmeriCorps Program funding, upon motion received and filed. Lynch moved to adopt Resolution No. 610-06 Approving an application to the Corporation for National and Community Service for AmeriCorps Program funding. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 610-06 A RESOLUTION APPROVING AN APPLICATION TO THE CORPORATION FOR NATIONAL AND COMMUNITY SERVICE FOR AMERICORPS PROGRAM FUNDING WHEREAS, the City of Dubuque has an opportunity to provide needed funding and services for the benefit of our underserved and disadvantaged children and youth through a partnership and collaboration with the Dubuque County Extension Services and the Community Foundation of Greater Dubuque; and WHEREAS, an application to the Corporation for National and Community Service for AmeriCorps Program funding has been prepared, for a three-year grant beginning in September 2007. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor is authorized and directed to execute an application to the Corporation for National and Community Service for participation in the Partners in Learning AmeriCorps Program. Section 2. That the City Manager is hereby authorized and directed to forward said application and resulting standard executed contract as required by the Corporation for National and Community Service. th Passed, approved, and adopted this 18 day of December, 2006. Roy D Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk Purchase of Property – 346 East 19th Street: City Manager recommending approval of the purchase of property located at 346 East 19th Street for the purpose of demolition as part of the Washington Neighborhood Revitalization Area, upon motion received and filed. Cline moved to adopt Resolution No. 611-06 Approving the acquisition of real estate located at 346 East 19th Street in the City of Dubuque. Seconded by Michalski. Motion carried 7-0. RESOLUTION NO. 611-06 A RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE LOCATED AT 346 E. 19th STREET, IN THE CITY OF DUBUQUE WHEREAS, the City of Dubuque intends to acquire certain properties located in the Washington Neighborhood Revitalization Area; and WHEREAS, a purchase agreement has been finalized with the owner. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby approves the acquisition of the following legally described property: North ½ of Lot 97, except the West 57’6” thereof, in East Dubuque, in the City of Dubuque, Iowa according to the recorded plats thereof at the cost of Fifty-eight thousand dollars ($58 000). 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. 26 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 Purchase of Property – 141 East 11th Street: City Manager recommending approval of the purchase of property located at 141 East 11th Street for the purpose of demolition as part of the Washington Neighborhood Revitalization Area, upon motion received and filed. Michalski moved to adopt Resolution No. 612-06 Approving the acquisition of real estate located at 141 East 11th Street in the City of Dubuque. Seconded by Cline. Motion carried 7-0 RESOLUTION NO. 612-06 A RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE LOCATED AT 141 E. 11th STREET, IN THE CITY OF DUBUQUE WHEREAS, the City of Dubuque intends to acquire certain properties located in the Washington Neighborhood Revitalization Area; and WHEREAS, a purchase agreement has been finalized with the owner. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby approves the acquisition of the following legally described property: Lot 1 of Lot 2 and Lot 2 of Lot 2 of the South 1/5 of City Lot 480 in the City of Dubuque, Iowa, according to the United States Commissioners’ Map and the recorded plats 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 recommending 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. 27 COUNCIL MEMBER REPORTS Michalski shared that she was a finalist for a Women in Municipal Government Leadership 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 session regarding Pending Litigation and Property Acquisition – Chapter 21.5(1)(c)(j) 2005 Code of Iowa. At 7:45 Council reconvened regular session and stated that staff had been given proper direction. There being no further business, upon motion meeting adjourned at 7:46 PM. /s/ Jeanne F. Schneider, CMC City Clerk 28