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01 17 06 City Council Proceedings Official _RegularCITY COUNCIL OFFICIAL City Council, Regular Session, January 17, 2006 Council met at 6:30 P.M. in the Public Library Auditorium Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski, City Manager Van Milligen, Corporation Counsel Lindahl Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of discussing such matters which may properly come before the Council. Invocation was given by Sister Catherine Dunn, BVM, President of Clarke College Proclamations: Dubuque Jaycees Week (January 28 — February 3, 2006) received by Ben Graham, President of the Dubuque Jaycees, and Year of the Shot Tower (2006) received by Students from Central Alternative School, Chamber President Steward Sandstrom, Historic Preservation Commission Chair Dave Stuart and Planning Services Manager Laura Carstens. CONSENT ITEMS Minutes and Reports Submitted: Airport Commission of 10/24; Cable TV Regulatory Commission of 12/6; City Council of 1/3; Community Development Advisory Commission of 12/21; Historic Preservation Commission of 12/15; Housing Commission of 11/22; Long Range Planning Advisory Commission of 12/21; Plumbing Board of 12/21; Zoning Advisory Commission of 1/4; Zoning Board of Adjustment of 12/22, presented and read. Cline moved that the minutes be received and filed. Seconded by Michalski. Motion carried 7-0. Proof of publication of City Council Proceedings of 12/17 and 12/19, presented and read. Cline moved that the proof of publication be received and filed. Seconded by Michalski. Motion carried 7-0. Printed City Council Proceedings for month of September, 2005, presented and read. Cline moved that the communication be received and filed and approved as printed. Seconded by Michalski. Motion carried 7-0. Notice of Claims/Suits: Juanita Kay Caley for vehicle damage; Mary V. Kearney for personal injury; Adam Lopez for vehicle damage; Jesse Rans for vehicle damage; Anthony Trice for vehicle damage, presented and read. Cline moved that the communications be received and filed and referred to Legal for investigation/report. Seconded by Michalski. Motion carried 7-0. Corporation Counsel advising that the following claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Anthony Trice for vehicle damage, presented and read. Cline moved that the communication be received and filed and concurred. Seconded by Michalski. Motion carried 7-0. Corporation Counsel recommending denial of the claim of Adam Lopez for vehicle damage, presented and read. Cline moved that the communication be received and filed and concurred. Seconded by Michalski. Motion carried 7-0. Corporation Counsel recommending settlement of the claim of Juanita Kay Caley for vehicle damage and the claim of the Sisters of the Presentation for property damage and directing the Finance Department to 1 issue payment, presented and read. Cline moved that the communication be received and filed and concurred and Finance Department to issue payment. Seconded by Michalski. Motion carried 7-0. Service Agreement with Total Administrative Services Corporation: City Manager recommending approval of a Service Agreement with Total Administrative Services Corporation (TASC) for a claim (debit) card option for employees enrolled in the Flexible Spending Plan, presented and read. Cline moved that the communication be received and filed and approved recommendation. Seconded by Michalski. Motion carried 7-0. Citizen Communication: Communication from Sister Margaret Ann Willging regarding use of the former meat packing plant and H & W Building, presented and read. Cline moved that the communication be received and filed. Seconded by Michalski. Motion carried 7-0. Comprehensive Annual Financial Report (CAFR): City Manager transmitting the Fiscal Year 2005 Comprehensive Financial Report (CAFR), Parking Facilities Financial Statements, Management Letter and City response to the Management Letter, presented and read. Cline moved that the communication be received and filed. Seconded by Michalski. Motion carried 7-0. Community Economic Betterment Account (CEBA) Loan: City Manager recommending approval of a Community Economic Betterment Account (CEBA) Loan Agreement by and among the Iowa Department of Economic Development, the City of Dubuque, and Prudential Retirement Insurance and Annuity Company, presented and read. Cline moved that the communication be received and filed. Seconded by Michalski. Motion carried 7-0. RESOLUTION NO. 11-06 A RESOLUTION AUTHORIZING THE EXECUTION OF A COMMUNITY ECONOMIC BETTERMENT ACCOUNT LOAN AGREEMENT FOR TWO HUNDRED SEVEN THOUSAND DOLLARS ($207,000) WITH PRUDENTIAL RETIREMENT INSURANCE AND ANNUITY COMPANY AND A CITY ECONOMIC DEVELOPMENT LOAN OF SIXTY-TWO THOUSAND DOLLARS ($62,000). Whereas, the Community Economic Betterment Account (CEBA) program has been created by the Iowa Department of Economic Development to assist in the economic development efforts of local jurisdictions; and Whereas, on January 20, 2005, the City of Dubuque, Iowa was awarded a two hundred seven thousand dollar ($207,000) forgivable loan from the CEBA program by the Iowa Department of Economic Development which required a City financial match of sixty-two thousand dollars ($62,000); and Whereas, the City of Dubuque, Iowa desires to assist Prudential Retirement Insurance and Annuity Company in its efforts to expand its operations in Dubuque and create new, permanent employment opportunities for local citizens; and Whereas, a CEBA Loan Agreement, hereto attached and by this reference made a part hereof, is to be executed by and among the Iowa Department of Economic Development, the City of Dubuque and Prudential Retirement Insurance and Annuity Company. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1.That the Mayor and Corporation Counsel be and they are hereby authorized and directed to endorse, on behalf of the City Council of the City of Dubuque, Iowa, the attached CEBA Loan Agreement and Promissory Note. Section 2.That the City Manager be and he is hereby authorized to disburse loan funds to Prudential Retirement Insurance and Annuity Company from the CEBA program in accordance with the terms and conditions of the executed Agreement. Section 3.That the City Manager is hereby authorized to execute, on behalf of the City Council of the City of Dubuque, Iowa, all necessary loan documents and is further authorized to disburse loan funds to Prudential Retirement Insurance and Annuity Company from the City's Economic Development Loan Program in accordance with the terms and conditions of the executed agreement. 2 Passed, approved and adopted this 17th day of January, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Michalski. Motion carried 7-0. Municipal Services Center Construction Project: City Manager recommending acceptance of the Municipal Services Center Construction Project as completed by Portzen Construction in the final contract amount of $11,723,606.15, presented and read. Cline moved that the communication be received and filed. Seconded by Michalski. Motion carried 7-0. RESOLUTION NO. 12-06 ACCEPTING THE MUNICIPAL SERVICES CENTER PROJECT Whereas, the contract for the Municipal Services Center Project, formerly known as the Operations and Service Center 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 Road Use Tax, Water, Transit, Sales Tax 20%, Refuse, and General Funds appropriations the balance of the contract amount of $11,723,606.15 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 17th day of January, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Michalski. Motion carried 7-0. 2005 Government Performance and Results Act (GPRA) Annual Products Report: City Manager transmitting the 2005 Government Performance and Results Act (GPRA) Annual Products Report which has been submitted to the National Parks Service, presented and read. Cline moved that the communication be received and filed. Seconded by Michalski. Motion carried 7-0. Historic Old Main District: City Manager response to Cynthia Nelms -Byrne and Robert Byrne regarding the Historic Old Main Street District and Communication from Cynthia Nelms -Byrne and Robert Byrne regarding various issues in the Lower Main Street area, presented and read. Cline moved that the communications be received and filed and referred to the City Manager. Seconded by Michalski. Motion carried 7-0. Highway 20 Corridor Preservation Zone: City Manager advising that the Iowa Department of Transportation intends to renew the corridor preservation zone along U.S. 20 from the Peosta interchange easterly to near the intersection with the Northwest Arterial, presented and read. Cline moved that the communication be received and filed. Seconded by Michalski. Motion carried 7-0. National Community Development Association — Audrey Nelson Award: City Manager advising that the National Community Development Association has announced that the HEART Partnership is the recipient of the 2006 Audrey Nelson Community Development Achievement Award, presented and read. Cline moved that the communication be received and filed. Seconded by Michalski. Motion carried 7-0. 2005 Asphalt Paving Project: City Manager recommending that Resolution No. 5-06, approving the final estimate for the 2005 Asphalt Paving Project, be rescinded and approval of a new final estimate for the project, presented and read. Cline moved that the communication be received and filed. Seconded by Michalski. Motion carried 7-0. 3 RESOLUTION NO. 14-06 RESCINDING RESOLUTION NUMBER 5-06, SETTING THE FINAL ESTIMATE FOR THE 2005 ASPHALT PAVING PROJECT (FISCAL YEAR 2006) Whereas, by Resolution No. 5-06, the City Council set the final estimate for the 2005 Asphalt Paving Project (Fiscal Year 2006); and Whereas, subsequent events necessitate a different final estimate. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Resolution Number 5-06 is rescinded. Passed, approved and adopted this 17th day of January, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Michalski. Motion carried 7-0. RESOLUTION NO. 15-06 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 $1,029,071.08 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 17th day of January, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Michalski. Motion carried 7-0. Residential Parking Permit District Petition: City Manager recommending that a request for a Residential Parking Permit District in the Lincoln School area be postponed to the spring of 2006, presented and read. Cline moved that the communication be received and filed and approved recommendation. Seconded by Michalski. Motion carried 7-0. Kunde Place No. 2 — Final Plat: Zoning Advisory Commission recommending approval of the final plat of Lots 1 through 3, inclusive, of Kunde Place No. 2 located on Old Highway Road West, presented and read. Cline moved that the communication be received and filed. Seconded by Michalski. Motion carried 7-0. RESOLUTION NO. 16-06 RESOLUTION APPROVING THE FINAL PLAT OF LOTS 1 THRU 3, INCLUSIVE, OF KUNDE PLACE NO. 2 IN DUBUQUE COUNTY, IOWA. Whereas, there has been filed with the City Clerk a Final Plat of Lots 1 thru 3, Inclusive, of Kunde Place No. 2 in Dubuque County, Iowa, and Whereas, said Final Plat has been examined by the Zoning Advisory Commission and its approval endorsed thereon; and Whereas, said Final Plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council herby waives Article IV, Design and Improvement Standards of the Subdivision Regulations, except Section 42-19, Blocks and Lots. 4 Section 2. That the Final Plat of Lots 1 thru 3, Inclusive, of Kunde Place No. 2 is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said Plat of Survey. Passed, approved and adopted this 17th day of January 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Michalski. Motion carried 7-0. NPDES Permit: City Manager providing a response to Iowa Department of Natural Resources Environmental Specialist Mike Wade regarding problems with the Key Way sanitary sewer presented and read. Cline moved that the communication be received and filed. Seconded by Michalski. Motion carried 7-0. Business License Refund: Request of Carol A. Meyers, A & B Tap, Inc., for a refund of the beer and liquor license in the amount of $422.50, presented and read. Cline moved that the communication be received and filed and approved refund. Seconded by Michalski. Motion carried 7-0. Business Licenses: RESOLUTION NO. 17-06 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved: and 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 (5 — DAY SPECIAL EVENT) Catfish Festival Special Event Catfish Festival 3505 Century Dr CLASS "C" BEER PERMIT Innocent Rubio El Paisa no Grocery 1543 Central Av Awn Stop Mart, Inc Awn Stop Mart Inc+ (Sunday Sale) 1998 Jackson St Dubuque Discount Gas Inc Dubuque Discount Gas+ (Sunday Sale) 2175 Central Av TFM Com Okay Dory # 21 + (Sunday Sale) 2010 Keeper Blvd Passed, approved and adopted this 17th day of January, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Michalski. Motion carried 7-0. RESOLUTION NO. 18-06 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 Phillip Love the Lounge+ (Sunday Sale) 481 Locust St Heather Carton Water Hole 1046 Central Av Jason/Laurie Vixen the Avenue Sports Bar 1701 Central Av CLASS "B" NATIVE WINE PERMIT Woodbine, Inc Engraved Gift Collection 962 Main St Passed, approved and adopted this 17th day of January, 2006. 5 Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Michalski. Motion carried 7-0. ITEMS TO BE SET FOR PUBLIC HEARING Dubuque County Historical Society: City Manager recommending that a public hearing be set for February 6, 2006 to consider the proposed reuse/lease of the Adam's Company to the Dubuque County Historical Society, presented and read. Michalski moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 19-06 RESOLUTION OF INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY BY LEASE AGREEMENT WITH DUBUQUE COUNTY HISTORICAL SOCIETY WHEREAS, the City of Dubuque, Iowa (City) is the owner of certain real estate located in the Port of Dubuque of which the Dubuque County Historical Society desires to lease; and WHEREAS, the Dubuque County Historical Society desires to lease the Premises for the purpose of creating an expansion of the National Mississippi River Museum & Aquarium including a new museum which would be a compliment to the existing National Mississippi River Museum & Aquarium and for such other purposes as described in the proposal for a Development Agreement Leading to a Lease between the City of Dubuque and the Dubuque County Historical Society For Adaptive Reuse of the Adams Company Building and Site more specifically described as Lot 1 in Adam's Company's 2nd Addition in the City of Dubuque, Iowa; and WHEREAS, the City Council has tentatively determined that it would be in the best interests of the City to enter into the Lease Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque intends to dispose of its interest in the foregoing -described real property by Lease Agreement, a copy of which is attached hereto. Section 2. The City Clerk is hereby authorized and directed to cause this Resolution and a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City's intent to dispose of the foregoing -described real property, to be held on the 6th day of February, 2006, at 6:30 o'clock p.m. at the public library auditorium, 11th & Locust, Dubuque, Iowa. Passed, approved and adopted this 17th day of January 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution and set for public hearing on 2/6/06 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. Manasseh House Urban Revitalization Area Plan: City Manager recommending that a public hearing be set for February 20, 2006 to consider establishment of the Manasseh House Urban Revitalization Area Plan as requested by Michelle Mihalakis, presented and read. Michalski moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 20-06 RESOLUTION FINDING THAT THE DESIGNATION OF THE MANASSEH HOUSE URBAN REVITALIZATION PLAN IS NECESSARY IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY AND WELFARE OF THE RESIDENTS OF THE CITY OF DUBUQUE, IOWA AND PROVIDING FOR A PUBLIC HEARING THEREON. Whereas, the City Council of the City of Dubuque finds that the property at 2080 Elm Street is currently vacant and underutilized, and 6 Whereas, Michelle Mihalakis has proposed to purchase the property and construct a 19 room single room occupancy (SRO) facility and requests the establishment of an urban revitalization district.; and Whereas, the area proposed for designation under the Urban Revitalization Act is an economic development area appropriate for housing and residential development as defined by Section 403.17 of the Iowa Code; and Whereas, Chapter 404 of the Code of Iowa provides that a public hearing shall be held on any proposed Urban Revitalization Area Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the rehabilitation, redevelopment and economic development of the hereinafter described area at 2080 Elm Street is found to be necessary in the interest of the public health, safety and welfare of the residents of the City, to wit: Lot 1 of 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 Kindest Subdivision in the County of Dubuque, City of Dubuque, Iowa, according to the recorded plat thereof. Section 2. That the Manasseh House Urban Revitalization Area Plan as proposed meets the eligibility criteria of Chapter 404.1 of the Code of Iowa, 2001. Section 3. That the proposed Manasseh House Urban Revitalization Area Plan attached hereto, shall be a matter of record and shall be available for pubic inspection in the office of the City Clerk at City Hall, 50 West 13th Street, Dubuque, Iowa. Section 4. That the City is authorized and directed to submit the Manasseh House Urban Revitalization Area Plan to the City's Long Range Planning Advisory Commission for review and comment; and Section 5. That the City Clerk is directed to publish notice of a public hearing on the Manasseh House Urban Revitalization Area Plan to be held on February 20, 2006 at 6:30 p.m. in the Carnegie Stout Library Auditorium, 360 West 11th Street, Dubuque, Iowa 52001; and Section 6. That the owners of record will be notified by the thirtieth day prior to the public hearing. Passed, approved and adopted this 17th day of January 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution with public hearing set for 2/20/06 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. 2006 Curb Ramp Installation — CDBG Project Phase II: City Manager recommending initiation of the public bidding process for the 2006 Curb Ramp Installation — CDBG Project Phase II and that a public hearing be set for February 20, 2006, presented and read. Michalski moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 21-06 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the 2006 Curb Ramp Installation — CDBG Project Phase II, in the estimated amount of $30,563.67 are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 17th 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. RESOLUTION NO. 22-06 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS 7 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 2006 Curb Ramp Installation — CDBG Project Phase II. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a public hearing will be held on the 20th day of February, 2006, at 6:30 p.m. 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. Passed, adopted and approved this 17th day of January, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Michalski moved adoption of the Resolution with a public hearing set for 2-20-06 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. RESOLUTION NO. 23-06 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the 2006 Curb Ramp Installation — CDBG Project Phase II 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 prior to the receipt of said bids at 2:00 p.m. on the 2nd day of February, 2006. 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 p.m. on the 20th day of February, 2006. Passed, adopted and approved this 17th 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. Fiscal Year 2007 Annual Action Plan: City Manager recommending that a public hearing be set for February 21, 2006 on the Fiscal Year 2007 Annual Action Plan, presented and read. Michalski moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 24-06 A RESOLUTION SETTING A PUBLIC HEARING ON THE PROGRAM YEAR 2006 (FISCAL YEAR 2007) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN. Whereas, the City of Dubuque has, through a series of public meetings and hearings, finalized a Fiscal Year 2007 (Program Year 2006) Community Development Block Grant Annual Plan addressing both housing and non -housing needs in the community; and Whereas, copies of the draft Fiscal Year 2007 (Program Year 2006) CDBG Annual Plan will be available for public comment for 30 days prior to City Council action; and Whereas, the City's Community Development Advisory Commission has reviewed and recommended adoption of the Annual Action Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 8 Section 1. That the City Council will meet in the Carnegie Stout Public Library Auditorium, 360 West 11th Street, Dubuque, Iowa at 6:30 p.m. on February 21, 2006 for the purpose of holding a public hearing and taking action on the Fiscal Year 2007 (Program Year 2006) Community Development Block Grant Annual Action Plan. Section 2. That the City Clerk be and she is hereby authorized and directed to publish a notice of such public hearing and the City Council's intent to review and take action on the Fiscal Year 2007 (Program Year 2006) Community Development Block Grant Annual Plan. Passed, approved and adopted this 17th day of January, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution and set hearing for 2/21/06 at a meeting to commence at 6:30 P.M. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Cline. Motion carried 7-0. PUBLIC HEARINGS Connors moved that the rules be suspended to allow anyone present to address the Council. Seconded by Cline. Motion carried 7-0. Michalski moved that the following be removed from the table. Seconded by Connors. Motion carried 7- 0. River Pointe Development, LLC — Request to Rezone (Tabled on January 3, 2006) (Public Hearing Recessed at December 19, 2006 Meeting / First Reading on December 19, 2005): Communication to the City from Stephen J. Juergens, representing River Pointe Development, LLC, providing responses to various questions posed by City Council members and City staff; Request from Steward Sandstrom, Dubuque Area Chamber of Commerce, to address the City Council regarding the River Pointe Development, LLC request to rezone; and City Manager submitting questions of the Council that were sent to Mr. Spiegel for response at the January 3, 2006 public hearing: 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. Communication from Corporation Counsel Barry A. Lindahl recommending that this matter be referred back to the Zoning Advisory Commission in response to a written objection he had received from Attorney Robert Murphy, representing Jeff Nagle, stating that the proposed plan was "radically different" from the original plan and in light of the controversial nature of the proposed plan. Attorney Steve Juergens, representing River Pointe Development, LLC, agreed to this action. Connors moved that this be referred back to the Zoning Advisory Commission. Seconded by Michalski. Motion carried 7-0. Washington Court LLP — Request to Rezone: Proof of publication on notice of hearing to consider rezoning property located at 1798 Washington Street from OR Office Residential District to OS Office Service District as requested by John Gronen/Washington LLP and Zoning Advisory Commission recommending approval, presented and read. Connors moved that the proof and communication be received and filed. Seconded by Michalski. Motion carried 7-0. 9 An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 1798 Washington Street from OR Office Residential District to OS Office Service District, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 04-06 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 1798 WASHINGTON STREET FROM OR OFFICE RESIDENTIAL DISTRICT TO OS OFFICE SERVICE DISTRICT 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 reclassifying the hereinafter -described property from OR Office Residential District to OS Office Service District, to wit: Lot 102 thru Lot 106, Inclusive, East Dubuque Addition, 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. Passed, approved and adopted this 17th day of January 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 20th day of January, 2006. Jeanne F. Schneider, City Clerk 1t 1/20 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 Michalski. Motion carried 7-0. Connors moved final consideration and passage of the Ordinance. Seconded by Michalski. Motion carried 7-0. Allan and Connie Rowell/City of Dubuque — Request to Rezone: Proof of publication on notice of hearing to consider rezoning property located on Southern Avenue from POS Public Open Space District to R-1 Single -Family Residential District as requested by Allan and Connie Rowell/City of Dubuque and Zoning Advisory Commission recommending denial, presented and read. Connors moved that the proof and communication be received and filed. Seconded by Cline. Motion carried 7-0. Communication from Allan and Connie Rowell regarding the proposed rezoning and purchase of the Southern Avenue property, presented and read. Connors moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. Connie and Allan Rowell spoke requesting support of this rezoning so as to build their retirement home in this area of town. Jan Oswald, 1440 Parkway, spoke stating she owns the property at 837 Tressa and objected to dividing this property to build a house. Tina Flanagan, daughter of the Rowells, spoke stressing the layout of the property does not show the park from where the house will be built and requested they be allowed to build. Tom Welu, 2609 Broadway, requested the City preserve the green space. Dave Pins, 405 Southern, said he bought nearby property from IDOT and was told the remaining property would be green space. Francine Banworth, 985 S. Grandview, spoke requesting it be kept as public space and not set the precedent of selling public open space. Council discussed the unanimous vote to sell by the Park and Recreation Commission and the split vote of the Zoning Advisory Commission and other issues with this property. 10 An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located on Southern Avenue from POS Public Open Space District to R-1 Single Family Residential District, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 5-06 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED ON SOUTHERN AVENUE FROM POS PUBLIC OPEN SPACE DISTRICT TO R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT 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 reclassifying the hereinafter -described property from POS Public Open Space District to R-1 Single -Family Residential Zoning District, to wit: Lot 29, 30 and 31 of Mineral Lot 39, the easterly 30' of Lot 1 of John Breakey's Dubuque, the westerly 56' of Lot 1 of John Breakey's Dubuque, Lot 2 of John Breakey's Dubuque, Dubuque, Iowa (the Property). 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. Passed, approved and adopted this 17th day of January 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 20th day of January, 2006. Jeanne F. Schneider, City Clerk 1t 1/20 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 Cline. Motion carried 7-0. Connors moved final consideration and passage of the Ordinance. Seconded by Michalski. Motion carried 7-0. City of Dubuque/Edward Brown — Request to Rezone: Proof of publication on notice of hearing to consider rezoning property located at 468 East 12th Street from HI Heavy Industrial District to MHI Modified Heavy Industrial District as requested by the City of Dubuque/Edward Brown and Zoning Advisory Commission recommending approval, presented and read. Connors moved that the proof and communication be received and filed. Seconded by Jones. Motion carried 7-0. An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 468 East 12th Street from HI Heavy Industrial District to MHI Modified Heavy Industrial District, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 06-06 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 468 E. 12TH STREET FROM HI HEAVY INDUSTRIAL DISTRICT TO MHI MODIFIED HEAVY INDUSTRIAL DISTRICT 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 reclassifying the hereinafter -described property, all in the City of Dubuque, Iowa from HI Heavy Industrial to MHI Modified Heavy Industrial District, to wit: 11 W 101' of City Lot 501, 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. Passed, approved and adopted this 17th day of January 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 20th day of January, 2006. Jeanne F. Schneider, City Clerk 1t 1/20 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 Jones. Motion carried 7-0. Connors moved final consideration and passage of the Ordinance. Seconded by Braig. Motion carried 7-0. Vacating Petition — United Parcel Service (UPS): Proof of publication on notice of hearing to consider vacating and disposing of a portion of Kerper Boulevard in Block 5 of River Front Subdivision No. 3 to United Parcel Service (UPS) and City Manager recommending approval, presented and read. Cline moved that the proof and communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 25-06 RESOLUTION APPROVING PLAT OF PROPOSED VACATED PORTION OF KERPER BOULEVARD IN BLOCK 5 OF RIVER FRONT SUBDIVISION NO. 3 Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated the 7th day of December, 2005, prepared by IIW Engineers & Surveyors, PC, describing the proposed vacated portion of Keeper Boulevard in Block 5 of River Front Subdivision No. 3 to be known as Lot 1 B, Block 5, River Front Subdivision No. 3 in the City of Dubuque, Dubuque County, Iowa; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated the 7th day of December, 2005, prepared by IIW Engineers & Surveyors, PC, relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk is and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 17th day of January, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 26-06 RESOLUTION VACATING A PORTION OF KERPER BOULEVARD IN BLOCKS 5 OF RIVER FRONT SUBDIVISION NO. 3 Whereas, United Parcel Service (UPS) has requested the vacating of a portion of Keeper 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 Keeper Boulevard in Block 5 of River Front Subdivision No. 3 and assigned lot number thereto, which hereinafter shall be known and described as Lot 1 B, Block 5, River Front Subdivision No. 3 in the City of Dubuque, Dubuque County, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that a portion of Keeper Boulevard in Block 5 of River Front Subdivision No. 3 is no longer required for public use, except for 12 reserving the utility easements as noted, and vacating of said portion of Keeper Boulevard in Block 5 of River Front Subdivision No. 3 known as 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 real estate described as Lot 1 B, Block 5, River Front Subdivision No. 3 in the City of Dubuque, Iowa, be and the same is hereby vacated. Passed, approved and adopted this 17th day of January, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 27-06 RESOLUTION DISPOSING OF CITY INTEREST IN LOT 1B, BLOCK 5, RIVER FRONT SUBDIVISION NO. 3 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on this 7m day of January, 2006, the City Council of the City of Dubuque, Iowa met on the 17th day of January, 2006, at 6:30 p.m. in the Public Library Auditorium, 360 West 11 Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as: Lot 1 B, Block 5, River Front Subdivision No. 3 in the City of Dubuque, Dubuque County, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposal to sell such real estate, except for easement as noted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the sale of City of Dubuque real property described as Lot 1 B, Block 5, River Front Subdivision No. 3 in the City of Dubuque, Dubuque County, Iowa, to United Parcel Service (UPS) is and the same is hereby approved for the sum of $23,197.10 plus the costs of surveying, platting, publication, and filing fees. Conveyance shall be by Quit Claim Deed. Section 2. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to United Parcel Service (UPS) upon receipt of the purchase price in full. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 17th day of January, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Connors moved to reinstate the rules limiting discussion to the Council. Seconded by Braig. Motion carried 7-0. ACTION ITEMS Citizen Request: Communication of Andrew J. Schlarmann requesting to address the Council regarding the alley between the 2500 block of Elm and Washington Streets presented and read. Cline moved to receive and file the communication and referred to the City Manager. Seconded by Connors. Motion carried 7-0. Andrew Schlarmann spoke requesting the City plow the alley as parking is limited to one side of Elm Street due to Heritage Trail running down the middle of the block. Dubuque Malting and Brewing Company Building: Communication from David L. Clemens, representing 3-M Development, Ltd. — purchaser of the property located at 32nd and Jackson Streets, requesting immediate release of the action taken by the City Council in establishment of the Brewery Neighborhood 13 Conservation District; Request of Michael W. McCoy, President — 3M Development, to address the City Council regarding the Dubuque Malting and Brewing Company building; City Manager submitting background information on Conservation Districts in the City of Dubuque, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. Mike McCoy, President of 3M Development, stated he and his partners had a signed purchase agreement for the building prior to the Conservation District being adopted and questioned how long the district would be in place. He stated they had money invested in the property and had not been contacted regarding the previous action taken to preserve the buildings. James Krueger, as owner of part of the building, spoke stating he would like to see this building saved, especially the twin towers. Jerry Enzler spoke clarifying the time frames and purchase actions and stated the Dubuque County Historical Society is willing to assist in the building's preservation. Community Needs Assessment for Children: City Manager recommending approval of the allocation of $2,000 of existing Fiscal Year 2006 Health Services Department funds towards the Community Youth Needs Assessment process, presented and read. Michalski moved that the communication be received and filed and approved recommendation. Seconded by Lynch. Motion carried 7-0. Dubuque Star Brewery: City Manager recommending approval of the selection of the Port of Dubuque Development, LLC, as developer for the Dubuque Star Brewery Project, and that a development agreement be negotiated, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 28-06 RESOLUTION APPROVING THE SELECTION OF A DEVELOPER FOR THE DUBUQUE STAR BREWERY BUILDING AND SITE. Whereas, the City Council of the City of Dubuque, Iowa issued a Request for Proposals in September 2005 to solicit qualified developers for the continued redevelopment of the Dubuque Star Brewery building and site; and Whereas, The Alexander Company of Madison, Wisconsin and the Port of Dubuque Development, LLC (a subsidiary of Epic Construction) of Dubuque, Iowa submitted proposals for the redevelopment project; and Whereas, a selection committee has recommended the Port of Dubuque Development, LLC as developer for the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council of the City of Dubuque, Iowa approves the selection of the Port of Dubuque Development, LLC as the developer for the Dubuque Star Brewery building and site. Section 2. That the City Manager is hereby authorized and directed to negotiate a Development Agreement and Lease with the Port of Dubuque Development, LLC as related to the redevelopment of the Dubuque Star Brewery and site for City Council approval. Passed, approved and adopted this 17th day of January 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Truck Parking on Flint Hill Drive and Cross Hill Drive: City Manager recommending that semi trailer parking be restricted on both sides of Flint Hill Drive from Twin Valley Drive to its southerly terminus and on Cross Hill Drive from Flint Hill Drive to Rockdale Road, presented and read. Connors moved that the communication be received and filed. Seconded by Braig. Motion carried 7-0. An Ordinance Amending Section 32-267.1 of the Code of Ordinances of the City of Dubuque, Iowa, providing for parking restrictions for semi trailers on designated streets or portions thereof by adding certain portions of Flint Hill Drive and Cross Hill Drive, presented and read. 14 OFFICIAL PUBLICATION ORDINANCE NO. 7-06 AN ORDINANCE AMENDING SECTION 32-267.1 OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, PROVIDING FOR PARKING RESTRICTIONS FOR SEMITRAILERS ON DESIGNATED STREETS OR PORTIONS THEREOF BY ADDING CERTAIN PORTIONS OF FLINT HILL AND CROSS HILL DRIVE 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 to the following new Section 32-267.1 thereof as follows: "Sec. 32-267.1. Parking Restrictions for Semi trailers on Designated Streets or Portions Thereof'. _Where spaces have been designated by signs or markings for "No Parking Semi trailers", it shall be unlawful for the operator of any such vehicle to stop, stand or park in the following area: Flint Hill Drive, both sides, from Twin Valley Drive to its southerly terminus. Cross Hill Drive, both sides, from Flint Hill Drive to Rockdale Road. Passed, approved, and adopted this 17th day of January, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald newspaper this 20th day of January, 2006. Jeanne F. Schneider, City Clerk 1t 1/20 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 Braig. Motion carried 7-0. Connors moved final consideration and passage of the Ordinance. Seconded by Jones. Motion carried 7-0. Five Year Street Program (Fiscal Years 2007 — 2011): City Manager recommending approval of the Annual Five Year Street Construction Program for Fiscal Years 2007 — 2011, presented and read. Cline moved that the communication be received and filed. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 29-06 ADOPTING THE FIVE-YEAR STREET CONSTRUCTION PROGRAM FOR FISCAL YEARS 2007-2011 Whereas, a recommended Five -Year Street Construction Program for the Fiscal Years 2007-2011 beginning July 1, 2006, and ending June 30, 2010, for the City of Dubuque has been prepared and submitted to the City Council; and Whereas, the Five -Year Street Construction Program: 1) describes specific capital improvement projects; 2) provides estimated costs for those projects; 3) proposes sources of funding; and 4) schedules the fiscal/calendar year during which each project will be undertaken; and Whereas, the capital improvement projects for the first year of such five-year program are included in the Fiscal Year 2007 budget; and Whereas, the adoption of the Five -Year Street Construction Program is a prudent measure to provide continuity of programs and is in the best interest of the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Five -Year Street Construction Program for Fiscal Years 2007-2011 beginning July 1, 2006, set out in the Fiscal Years 2007-2011 recommended Capital Improvement Budget, is hereby approved and adopted as the proposed allocation of City resources for capital improvements as scheduled in the years shown, subject to annual review and revision. Passed, approved and adopted this 17th day of January, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Braig. Motion carried 7-0. 15 Fiscal Year 2007 Operating Budget and Five Year Capital Improvement Program: City Manager submitting the Fiscal Year 2007 Operating Budget and Five Year Capital Improvement Program, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. City Manager Van Milligen presented the highlights of the Fiscal Year 2007 Operating and Capital Improvement Budget. COUNCIL MEMBER REPORTS Michalski shared that the Martin Luther King Jr. celebration was outstanding. Jones reported that the Iowa Special Olympics was a great success. PUBLIC INPUT Tiberius Daniel Mocanu, 1075 Walnut, questioned whether the City Council had any say as to who the tenants of the Brewery would be when it was redeveloped and requested that the young people of Dubuque not be ignored as they needed a place to socialize. Tim Trenkle, 1915 Stanton, commented that the community health center was a real necessity and requested that mental health be considered as a component of the center. At 8:48 P.M. Michalski moved to go into Closed Session re: Pending Litigation, Property Acquisition, and Personnel Issue — Chapter 21.5(1)(c)(j)(i) 2005 Code of Iowa. Seconded by Braig. Motion carried 7-0. At 9:02 Council reconvened Regular Session and stated that staff had been given proper direction. There being no further business, Lynch moved to adjourn. Seconded by Connors. Motion carried 7-0. The meeting adjourned at 9:03 P.M. 1t 1/25 /s/ Jeanne F. Schneider, CMC City Clerk 16