Loading...
01 03 06 City Council Proceedings Official _RegularCITY COUNCIL OFFICIAL City Council, Regular Session, January 3, 2006 Council met at 6:30 P.M. in the Public Library Auditorium Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Van Milligen, Corporation Counsel Lindahl Mayor Buol read the call and stated this is a regular session of the City discussing such matters which may properly come before the Council. Lynch, Michalski, City Manager Council called for the purpose of Invocation was given by Reverend Jeffrey Bullock, President, University of Dubuque SWEARING IN: Mayor Roy D. Buol was sworn in as Mayor by City Clerk Jeanne F. Schneider; City Council Member At -Large Ric Jones was sworn in by Mayor Roy D. Buol; City Council Member First Ward Kevin Lynch was sworn in by Mayor Roy D. Buol; and City Council Member Third Ward Joyce Connors was sworn in by Mayor Roy D. Buol. Council Member Ann Michalski was sworn in as Mayor Pro -Tem by Mayor Roy D. Buol. Proclamation: Martin Luther King, Jr. Days (January 16 and 17, 2006) received by Human Rights Director Kelly Larson. CONSENT ITEMS Minutes and Reports Submitted: City Council of 12/17 and 12/19; Civil Service Commission of 12/19; Library Board of 11/17; Transit Board of 11/10 and 12/15, presented and read. Cline moved that the minutes be received and filed. Seconded by Braig. Motion carried 7-0. Proof of publication of City Council Proceedings of November 21, 2005, presented and read. Cline moved that the proof be received and filed. Seconded by Braig. Motion carried 7-0. Library Board of Trustees Update from November 17, 2005 meeting, presented and read. Cline moved that the communication be received and filed. Seconded by Braig. Motion carried 7-0. Notice of Claims/Suits: St. Vincent DePaul for vehicle damage; Wells Fargo Bank Minnesota vs City of Dubuque, et al, presented and read. Cline moved that the communication be received and filed and referred to Legal for investigation/report. Seconded by Braig. Motion carried 7-0. Corporation Counsel recommending denial of the claim of Kenneth and Shirley Shannon for property damage, presented and read. Cline moved that the communication be received and filed and concurred. Seconded by Braig. Motion carried 7-0. Corporation Counsel recommending approval of the claim of St. Vincent DePaul for vehicle damage and directing the Finance Department to issue payment, presented and read. Cline moved that the communication be received and filed and concurred and Finance Department to issue payment. Seconded by Braig. Motion carried 7-0. Dubuque Metropolitan Area Solid Waste Agency: Communication from the Dubuque Metropolitan Area Solid Waste Agency submitting the Agency's Fiscal Year 2007 budget and fee schedule, presented and read. Cline moved that the communication be received and filed. Seconded by Braig. Motion carried 7-0. 1 Iowa Department of Natural Resources: Mike Wade, Environmental Specialist, submitting the report of the recent inspection of the City of Dubuque's wastewater collection system, presented and read. Cline moved that the communication be received and filed and referred to the City Manager. Seconded by Braig. Motion carried 7-0. Civil Service Commission: Civil Service Commission submitting the certified list for the position of Mechanic, presented and read. December 16, 2005 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 2005 Code of Iowa, an examination for the position of Mechanic was given on November 17, 2005. We hereby certify that the individuals listed below have passed this written examination and filling the vacancy for this position should be made from this list and that this list is good for two (2) years from above date. MECHANIC Elmer Heacock Terry E. Brown Joseph J. Vondran Mark R. Taylor Daniel Taylor Jeff Wagner Nick DeMaio Steven Christ Darren Steil Lino DeCristofaro Kevin Munson Joseph Cupps David Nauman Christopher Nielsen Steven Schulz Respectfully submitted: Merle Duehr, Chairperson Loras Kluesner Richard Wertzberger Civil Service Commission Cline moved that the communication be received and filed and made a matter of record. Seconded by Braig. Motion carried 7-0. Administrative Services Fee Renewal for Flexible Spending Plan: City Manager recommending approval of the administrative services fee presented by Total Administrative Services Corporation for the City's flexible spending plan, presented and read. Cline moved that the communication be received and filed and approved recommendation. Seconded by Braig. Motion carried 7-0. Acceptance of Public Improvements — North Dubuque Addition: City Manager recommending acceptance of the public improvements that the developer, Ridgeway, LLC, has completed in North Dubuque Addition (Excelsior Street), presented and read. Cline moved that the communication be received and filed. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 1-06 ACCEPTING IMPROVEMENTS IN NORTH DUBUQUE ADDITION Whereas, certain improvements including watermain and sanitary sewer were installed by the developer of Lots 635 through 643 of North Dubuque Addition (Excelsior Street). 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 City Engineer 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, IOWA: Section 1. That the recommendation of the City Manager be approved and that said improvements for Lots 635 through 643 of North Dubuque Addition (Excelsior Street) be and the same is hereby accepted. 2 Section 2. That maintenance of said improvements shall be the responsibility of the contractor, Drew Cooks & Sons Excavating, Inc. for a period of two years from this date. Passed, adopted and approved this 3rd 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. 409 Birch Street Update (Tabled on December 5, 2005): City Manager submitting an update on the property located at 409 Burch Street and recommending that this item be re -tabled to February 6, 2006, presented and read. Cline moved that the communication be received and filed and tabled to the Council Meeting of 2/6/06. Seconded by Braig. Motion carried 7-0. Miller -Riverview Park Electrical Service, Phase II: City Manager recommending acceptance of the Miller - Riverview Park Electrical Service, Phase II Project as completed by Biechler Electric in the final contract amount of $50,528.50, presented and read. Cline moved that the communication be received and filed. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 2-06 ACCEPTING IMPROVEMENT WHEREAS, the contract for the Miller -Riverview Park Electrical Service, Phase II Project has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 1. That the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the General Fund in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 3rd day of January, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 3-06 FINAL ESTIMATE WHEREAS, the contract for the Miller -Riverview Park Electrical Service, Phase II Project has been completed and the 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 $50,528.50 and the said amount shall be paid from the General Fund of the City of Dubuque, Iowa. Passed, approved and adopted this 3rd day of January, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Braig. Motion carried 7-0. 2005 Asphalt Paving Project: City Manager recommending acceptance of the 2005 Asphalt Paving Project as completed by River City Paving in the final contract amount of $936,460.16, upon motion received and filed. Cline moved that the communication be received and filed. Seconded by Braig. Motion carried 7-0. 3 RESOLUTION NO. 4-06 ACCEPTING THE 2005 ASPHALT PAVING PROJECT (FISCAL YEAR 2006) Whereas, the contract for the 2005 Asphalt Paving Project (Fiscal Year 2006) (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 FY2006 Annual Street Program, FY2006 Water Main Replacement Funds, FY2006 Storm Sewer General Repair Funds, FY2006 Sanitary Sewer Manhole Replacement Funds and FY2006 Street Program Related Sanitary Sewer Funds appropriation for the contract amount of $936,460.16 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. Passed, approved and adopted this 3rd 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. RESOLUTION NO. 5-06 FINAL ESTIMATE Whereas, the construction contract for the 2005 Asphalt Paving Project (Fiscal Year 2006), 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 $1,023,098.08 and the said amount shall be paid from the FY2006 Annual Street Program Funds, FY2006 Water Main Replacement Funds, FY2006 Storm Sewer General Repair Funds, FY2006 Sanitary Sewer Manhole Replacement Funds and FY2006 Street Program Related Sanitary Sewer Funds of the City of Dubuque, Iowa. Passed, approved and adopted this 3rd 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. Washington Neighborhood Park Project: City Manager recommending approval of a publication of combined notice of finding of no significant impact on the environment and notice of intent to request release of funds for the Washington Neighborhood Park Project, presented and read. Cline moved that the communication be received and filed. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 6-06 A RESOLUTION AUTHORIZING PUBLICATION OF A COMBINED NOTICE OF FINDING OF NO SIGNIFICANT IMPACT ON THE ENVIRONMENT AND NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS FOR THE WASHINGTON NEIGHBORHOOD PARK PROJECT. Whereas, the City of Dubuque has received a Community Development Block Grant (CDBG) from the U.S. Department of Housing and Urban Development, and Whereas, pursuant to the rules and regulations as promulgated by the U.S. Department of Housing and Urban Development, an environmental review has been processed for the Washington Neighborhood Park Project; and Whereas, based on said environmental review, the Department of Housing and Community Development has determined that said project will have no significant impact on the environment; and Whereas, a combined notice of "Finding of No Significant Impact on the Environment" and of "Intent to Request Release of Funds" for said project will be sent by regular mail to various federal, state and local 4 public agencies; to the appropriate Regional Office of the Environmental Protection Agency and to the local news media, individuals and groups known to be interested and believed to be appropriate to receive such a notice; and Whereas, any and all comments received as a result of such notice will be duly considered before proceeding with a Request for Release of Funds and Certification. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Clerk be and is hereby authorized and directed to publish a combined Notice of Finding of No Significant Impact on the Environment and Notice of Intent to Request Release of Funds for the Washington Neighborhood Park Project and to make the Environmental Review Record for said project available for public inspection and comment until 5:00 pm on January 23, 2006. Such notice shall be in the form of Exhibit "A" attached hereto and made a part hereof. Section 2. That the environmental review record for the project shall be placed on file in the Office of the City Clerk where said record may be examined and copied by any interested party. Section 3. That the Mayor of the City of Dubuque is hereby authorized and directed to submit to the U.S. Department of Housing and Urban Development fifteen (15) days after publication of appropriate notice a Request for Release of Funds to undertake the said project. Section 4. That the Mayor of the City of Dubuque is hereby authorized to consent to assume the status of a responsible federal official under the National Environmental Protection Act, insofar as the provisions of the said Act apply to the U.S. Department of Housing and Urban Development responsibilities for review, decision making, and action assumed and carried out by the City of Dubuque as to environmental issues. Section 5. That the Mayor of the City of Dubuque is hereby authorized to consent personally, in his official capacity and on behalf of the City of Dubuque, to accept the jurisdiction of the federal courts if an action is brought to enforce responsibilities in relation to environmental review, decision-making and action. Section 6. That the Mayor of the City of Dubuque is and he is hereby authorized and directed to execute a certification pertaining to the environmental review procedures. Passed, approved and adopted this 3rd day of January 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Braig. Motion carried 7-0. West 32nd Street Detention Basin Design: City Manager recommending approval of an amendment to the contract with MSA Professional Services in an estimated amount of $15,500 to include the design of ditch improvements upstream of the West 32nd Street Detention Basin to reduce the sediment load on the West 32nd Street Detention Basin, presented and read. Cline moved that the communication be received and filed and approved recommendation. Seconded by Braig. Motion carried 7-0. Hartig Drug Company: Communication from James A. and Victor J. Helling, Artistic Cleaners, Inc., advising that they are not opposed to Hartig Drug Company's proposed request to lease a portion of the City -owned alley behind 157 Locust Street to make the alley "one-way," presented and read. Cline moved that the communication be received and filed. Seconded by Braig. Motion carried 7-0. National Association of Schools of Public Affairs and Administration Evaluator: City Manager request to participate as a National Association of Schools of Public Affairs and Administration Evaluator, presented and read. Cline moved that the communication be received and filed and approved. Seconded by Braig. Motion carried 7-0. Business Licenses: RESOLUTION NO. 7-06 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved: and 5 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 PERMIT International UAW Local # 94 UAW Local # 94+(Sunday Sale) 3450 Central Av Passed, approved and adopted this 3rd 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. RESOLUTION NO. 8-06 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State Laws and all City Ordinances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS "C" BEER/LIQUOR LICENSE Breezers Pub Company Breezers Pub+(Sunday Sale) 600 Central Av Mayas, Inc. Las Margaritas+(Sunday Sale) 1575 JFK Rd. CLASS "B" WINE Dubuque Religious Center Dubuque Religious Center 923 Main St Passed, approved and adopted this 3rd day of January, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Braig. Motion carried 7-0. ITEM TO BE SET FOR PUBLIC HEARING Vacating Petition — Block 5 of River Front Subdivision No. 3: City Manager recommending 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 portion of Kerper Boulevard that abuts the existing UPS facility at 2550 Kerper Boulevard, presented and read. Michalski moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 9-06 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 Whereas, United Parcel Service (UPS) has requested the vacating of a portion of Kerper Boulevard in Block 5 of River Front Subdivision No. 3; and Whereas, IIW Engineers & Surveyors, PC has prepared and submitted to the City Council a plat showing the vacated portion of Kerper Boulevard in Block 5 of River Front Subdivision No. 3; and Whereas, the City Council of the City of Dubuque, Iowa, has determined that this portion of Kerper Boulevard in Block 5 of River Front Subdivision No. 3 is no longer required for public use, except for the utility easements as noted, and vacating and sale of said Lot 1 B, Block 5, River Front Subdivision No. 3 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 dispose of its interest and vacate a portion of Kerper Boulevard in Block 5 of River Front Subdivision No. 3 in the City of Dubuque, as shown on the Plat of Survey. 6 Section 2. That the conveyance of Lot 1 B, Block 5, River Front Subdivision No. 3 in the City of Dubuque, Iowa, Dubuque County, Iowa, to United Parcel Service (UPS) be contingent upon the payment of $23,197.10, plus surveying, platting, publication, and filing fees. Section 3. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to be published as prescribed under Section 364.7 Code of Iowa, 1999 or amended. Passed, approved and adopted this 3rd day of January, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Michalski moved adoption of the Resolution and set for public hearing on 1/17/06 at a meeting to commence at 6:30 P.M. in the public library auditorium and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Cline. Motion carried 7-0. PUBLIC HEARING River Pointe Development, LLC — Request to Rezone (Public Hearing Recessed at December 19, 2005 Meeting / First Reading on December 19, 2005); Communication from George Murphy, Project Manager for River Pointe Development, LLC, requesting that the second reading for the River Pointe PUD be tabled to the City Council meeting of Tuesday, January 17, 2006 and City Manager submitting questions of the Council that were sent to Mr. Spiegel for response at the January 3, 2006 public hearing, and Letter to A.J. Spiegel; Questions from Mayor Buol; Questions from Council Member Michalski; Questions from Council Member Braig; Questions from Council Member Cline; Questions from Council Member Connors; Questions from former Council Member Nicholson; Questions from former Council Member Markham; Questions from City staff; Communication from Sister Margaret Ann Willging, OSF, regarding the River Pointe Development, LLC project; and an Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 600 Mazzuchelli Drive from R-2 Two -Family Residential District to PUD Planned Unit Development District with a PR Planned Residential District designation and adopting a Conceptual Development Plan with conditions, presented and read. Cline moved that this be received and filed and tabled to 1/17/06. Seconded by Lynch. Motion carried 7- 0. ACTION ITEMS Establishment of Fair Market Value: Communication from Attorney Allan J. Carew, representing Mr. and Mrs. John Gartner, requesting that the City Council terminate its efforts to force the Gartners to permit the lift station on and across their property in the County and communication from Corporation Counsel Barry A. Lindahl in response to Attorney Allen J. Carew's letter and City Manager recommending approval of establishment of the fair market value for an easement for a sanitary sewer lift station on the John and Pamela Gartner property, presented and read. Michalski moved that the communications be received and filed. Seconded by Cline. Motion carried 7-0. Attorney Allen Carew, representing the Gartner's, questioned why the City Council was reconsidering the action previously taken and stated that the taking of this property located in the County was to benefit a subdivision within the City. He requested Council to reject the proposal. Council Member Michalski clarified the action previously taken by the City Council and Corporation Counsel Lindahl clarified that the purpose of the requested action was to authorize the City Manager to negotiate for the voluntary purchase of the property. RESOLUTION NO. 10-06 ESTABLISHING FAIR MARKET VALUE FOR THE ACQUISITION OF AN EASEMENT FOR A SANITARY SEWER LIFT STATION ON REAL PROPERTY OWNED BY JOHN P. AND PAMELA J. GARTNER IN THE COUNTY OF DUBUQUE, IOWA FOR SERVICING ARBOR ESTATES AND SURROUNDING AREAS 7 Whereas, the City of Dubuque (City) intends to acquire certain real property by easement owned by John P. and Pamela J. Gartner (Owner) legally described as follows: Lot 19 of Forest Grange Subdivision in Dubuque County, Iowa as shown on Exhibit A for to service Arbor Estates and the surrounding areas; and Whereas, Iowa law requires the City to make a good faith effort to negotiate with the Owner to purchase the Property interests before proceeding with acquisition of property by condemnation; and, Whereas, the City may not make an offer to purchase the Property which is less than the fair market value that the City has established for the Property; and, Whereas, the City has caused an appraisal of the Property to be made and the appraised value of the Property is $0.46 per square foot; and, Whereas, the City Council now desires to establish the fair market value of the Property. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. That the fair market value of the Property is established to be $0.46 per square foot. Section 2. The City Manager and Corporation Counsel are hereby authorized to commence negotiations with the Owner of the Property and any other interested parties in the purchase of the Property for a purchase price that is not less than the fair market value established by this resolution. Passed, adopted and approved this 3rd day of January, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Michalski moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. Dell Street — Request for Parking Removal: City Manager recommending approval of the removal of parking on the east side of Dell Street across from the angle parking, as well as the already -restricted portion adjacent to a retaining wall as requested by the Police Department, presented and read. Michalski moved that the communication be received and filed. Seconded by Connors. Motion carried 6-1 with Cline voting Nay. Cline questioned whether all parking should be removed and this area be looked at more closely. An Ordinance Amending Section 32-262(d) of the Code of Ordinances of the City of Dubuque, Iowa, prohibiting parking on designated streets or portions thereof by adding a portion of Dell Street, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 1-06 AMENDING SECTION 32-262(d) OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, PROHIBITING PARKING ON DESIGNATED STREETS OR PORTIONS THEREOF BY ADDING A PORTION OF DELL STREET NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa, is amended by adding to Subsection (d) of Section 32-262 the following: Dell Street, east side, from Arlington Street to a point fifty feet south of Loras Boulevard. Passed, approved and adopted this 3rd day of January, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald newspaper this 9th day of January, 2006. Jeanne F. Schneider, City Clerk 1t 1/9 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 Connors. Motion carried 6-1 with Cline voting Nay. Michalski moved final consideration and passage of the Ordinance. Seconded by Connors. Motion carried 6-1 with Cline voting Nay. 8 Merz Street and Althauser Street — Request for Stop Signs: City Manager recommending approval of the installation of stop signs on Merz Street at its intersection with Althauser Street, presented and read. Braig moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. An Ordinance Amending the Code of Ordinances of the City of Dubuque, Iowa, by modifying Subsection (b) of Section 32-214 thereof providing for the addition of stop signs on Merz Street at Althauser Street, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 2-06 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY MODIFYING SUBSECTION (b) OF SECTION 32-214 THEREOF PROVIDING FOR THE ADDITION OF STOP SIGNS ON MERZ STREET AT ALTHAUSER STREET NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa, be amended by adding Merz Street and Althauser Street to Subsection (b) of Section 32-214 thereof as follows: Sec. 32-214. Stop Intersections. EASTBOUND AND WESTBOUND Merz Street at Althauser Street Passed, approved and adopted this 3rd day of January, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald newspaper this 9th day of January, 2006. Jeanne F. Schneider, City Clerk 1t 1/9 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 Connors. Motion carried 7-0. Braig moved final consideration and passage of the Ordinance. Seconded by Connors. Motion carried 7-0. City Council Meeting Date: City Manager requesting that the regularly scheduled City Council meeting of Monday, July 3, 2006 be changed to Wednesday, July 5, 2006, presented and read. Michalski moved that the communication be received and filed. Seconded by Braig. Motion carried 7-0. An Ordinance Providing that the first regular meeting of the City Council in July 2006 shall be July 5, 2006, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 3-06 PROVIDING THAT THE FIRST REGULAR MEETING OF THE CITY COUNCIL IN JULY, 2006, SHALL BE JULY 5, 2006 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 2-22 of the City of Dubuque Code of Ordinances notwithstanding, the first regular meeting of the City Council in July, 2006, shall be July 5, 2006; Section 2. This Ordinance shall take effect upon publication. Passed, approved and adopted this 3rd day of January, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 9th day of January, 2006. 9 Jeanne F. Schneider, City Clerk 1t 1/9 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. Jones moved final consideration and passage of the Ordinance. Seconded by Braig. Motion carried 7-0. PUBLIC INPUT Jim Gantz, 12241 Forest Meadow, spoke requesting Council look closely at proposals for Forest Grange Subdivision as they are very damaging to the area. There being no further business, Cline moved to adjourn. Seconded by Connors. Motion carried 7-0. The meeting adjourned at 7:03 P.M. /s/ Jeanne F. Schneider, CMC City Clerk 10