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2005 February Council Proceedings Special Session, February 7, 2005 21 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, February 7, 2005 Council met in Special Session at 5:30 P.M. in the Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Connors, Markham, Michalski, Nicholson, Assistant City Manager Steinhauser, Corporation Counsel Lindahl. Absent: City Manager Van Milligen Mayor Duggan read the call and stated this is a special session of the City Council called for the purpose of the Convention and Visitors Bureau Presentation. Steward Sandstrom, President and CEO of the Dubuque Chamber of Commerce and Convention and Visitors Bureau, introduced Sue Czeshinski, Convention and Visitors Bureau Director, and staff members present. Czeshinski reviewed the marketing and promotional activities of the past year as compared to what is proposed for Fiscal Year 2005 - 2006. Various aspects of the FY 2005 - 2006 budget were also discussed and increases/decreases explained. There being no further business, Michalski moved to adjourn. Seconded by Markham. Motion carried 7-0. The meeting adjourned at 6:06 P.M. /s/ Jeanne F. Schneider, CMC City Clerk 1 t 2/16 Adopted Approved: 2005 J.{j;::k':1!~~ dt;A~ /;~j: .. .. C C' 22 Regular Session, February 7,2005 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, February 7, 2005 Council met in Regular Session at 6:30 P.M. in the Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Connors, Markham, Michalski, Nicholson, Assistant City Manager Steinhauser, Corporation Counsel Lindahl. Absent: City Manager Van Milligen Mayor Duggan read the call and stated this is a regular session of the City Council called for the purpose of discussing matters which may properly come before the Council. Invocation was given by Reverend Greg Bjornstad, Chaplain of Luther Manor. Proclamation: Downtown Kiwanis Club Month received by Club President Carolyn Bennett Stork. CONSENT ITEMS Minutes and Reports Submitted: City Council of 1/17; Five Flags Commission of 11/15 and 1/5; Historic Preservation Commission of 1/20; Human Rights Commission of 12/13; Housing Commission of 1/11; Housing Code Appeals Board of 8/17; Investment Oversight Advisory Commission of 1/26; Library Board of 12/16; Park and Recreation Commission of 1/11; Plumbing Board of 1/27; Transit Board of 1/13, presented and read. Buol moved that the minutes be received and filed. Seconded by Connors. Motion carried 7-0. Proof of publication of City Council Proceedings of January 3 and 17, 2005 (on file in City Clerk's Office), presented and read. Buol moved that the proofs be received and filed. Seconded by Connors. Motion carried 7- O. Printed Council Proceedings for December, 2004, presented and read. Buol moved that the proceedings be received and filed and approved as printed. Seconded by Connors. Motion carried 7-0. Substance Abuse Services Center (SASC) Second Quarterly Report, presented and read. Buol moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. Investment Oversight Advisory Commission th 47 Quarterly Report, presented and read. Buol moved that the communication and report be received and filed. Seconded by Connors. Motion carried 7-0. Notice of Claims/Suits; Clarence M. Brehm for personal injury; Sheri Clancy for vehicle damage and personal injuries; Jennifer Huseman for vehicle damage; Mary Jo Roling-Danner for unlocking of car door; Rose Ruff for vehicle damage; Mr. and Mrs. James Matheos for property damage; Elmer J. Robinson for property damage, presented and read. Buol moved that the claims and suits be received and filed and referred to Legal for investigation. Seconded by Connors. Motion carried 7-0. Corporation Counsel advising that the following claims have been referred to Public Entity Risk Services df Iowa, the agent for the Iowa Communities Assurance Pool: Clarence M. Brehm for personal injury; Shari Clancy for personal injurylvehicle damage; and Jennifer Huseman for vehicle damage, presented and read. Suol moved that the communication be received and filed and concurred. Seconded by Connors. Motion carried 7-0. Corporation Counsel recommending approval of the claim of Mary Jo Rolling-Danner for vehicle damage and directing Finance Department to issue payment, presented and read. Buol moved that the communication be received and filed and concurred and directed Finance Department to issue payment. Seconded by Connors. Motion carried 7-0. Corporation Counsel recommending denial of the claim of Eric Wilson for vehicle damage, presented and read. Buol moved that the communication be received and filed and concurred. Seconded by Connors. Motion carried 7-0. Community Development Advisory Commission: Communication from Walter A. Pregler advising that he does not intend to re- apply for appointment to another term on the Community Development Advisory Commission, presented and read. Suol moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. Mediacom; Communication from Kathleen McMullen, Area Manager of Mediacom Communications Corporation, thanking the Mayor and City Council for the opportunity to address the Council regarding the status of franchise renewal negotiations and providing a brief update on Mediacom's investment in Dubuque and City Manager response to Regular Session, February 7,2005 23 Kathleen McMullen, Area Manager of Mediacom Communications, presented and read. Buol moved that the communications be received and filed. Seconded by Connors. Motion carried 7-0. Citizen Communication: Communication from Carol and Bill Denlinger requesting consideration of a walkway overpass over the Northwest Arterial to help keep the children safe as they walk to and from the new middle school, presented and read. Cline moved that the communication be received and filed and referred to the City Manager. Seconded by Markham. Motion carried 7-0. Cline requested that signage for pedestrian crossings at intersections along Highway 20 be looked at for safety purposes. Fiscal Year 2005 Annual Action Plan - Amendment 2: City Manager recommending approval of changes in the City's Community Development Block Grant (CDBG) Fiscal Year 2005 Annual Action Plan to allow funds to be used to meet citizens' needs and facilitate the timely expenditure of funds, presented and read. Buol moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 29-05 RESOLUTION APPROVING AN AMENDED AND RESTATED FISCAL YEAR 2005 (PROGRAM YEAR 2004) ANNUAL PLAN - AMENDMENT 2 FOR COMMUNITY DEVELOP- MENT BLOCK GRANT (CDBG) FUNDS. Whereas, the City of Dubuque prepared and filed Annual Action Plans for Fiscal Years 2004 and 2005; and Whereas, the City of Dubuque now desires to amend said Annual Action Plans by incorporating them into one amended and restated plan as per the attached Exhibit A; and Whereas, said amendment is a substantial amendment as provided in the City's Citizen Participation Plan and must therefore be approved by resolution of the City Council after a public hearing by the Community Development Advisory Commission; and Whereas, the City advertised public comment periods beginning October 20, 2004 and December6,2004;and Whereas, the Community Development Advisory Commission reviewed the proposed amendment at a public hearings on November 22, 2004 and January 12, 2005, and has voted to approve said amendment and to recommend approval by the City Council. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Annual Action Plans for Fiscal Years 2004 and 2005 are hereby rescinded and the balance of funds from these plans is incorporated into an Amended and Restated Fiscal Year 2005 (Program Year 2004) Annual Action Plan - Amendment 2, attached hereto as Exhibit A. Section 2. That said Amended and Restated Fiscal Year 2005 (Program Year 2004) Annual Plan - Amendment 2 attached hereto as Exhibit A is hereby approved. Section 3. That the City Manager is hereby authorized and directed to submit a copy of this resolution to the U. S. Department of Housing and Urban Development. Passed, approved and adopted this 7th day of February 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Chestnut 'Street Reconstruction Project: City Manager recommending acceptance of the Chestnut Street Reconstruction Project as completed by W.C. Stewart Construction Company in the final contract amount of $480,605.23 and approving the preliminary schedule of final assessments, presented and read. Buol moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 30-05 ACCEPTING IMPROVEMENT Whereas, the contract for the Chestnut Street Reconstruction 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: Section 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 Street Construction Fund, Local Option Sales Tax Fund, Watermain Depreciation Fund, and Sanitary Sewer Construction Fund in amounts equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 7th day of February, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. 24 Regular Session, February 7,2005 RESOLUTION NO. 31-05 FINAL ESTIMATE Whereas, the contract for the Chestnut Street Reconstruction 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 $537,630.32 and the said amount shall be paid from the Street Construction Fund, Local Option Sales Tax Fund,Watermain Depreciation Fund, and Sanitary Sewer Construction Fund of the City of Dubuque, Iowa. Section 2. That $90,689.29 of the cost thereof shall be assessable upon private property and $446,941.03 shall be paid from the Street Construction Fund, Local Option Sales Tax Fund, Watermain Depreciation Fund, and Sanitary Sewer Construction Fund. Passed, approved and adopted this ih day of February, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 32-05 RESOLUTION APPROVING PRELIMINARY SCHEDULE OF FINAL ASSESSMENTS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the attached sheet, 1 to 2 inclusive, is hereby determined to be the preliminary schedule of final assessments for the Chestnut Street Reconstruction Project and the valuations set out herein are hereby approved. Passed, approved and adopted this 7th day of February, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Holliday Addition - Acceptance of Public Improvements: City Manager recommending acceptance of the public improvements recently completed in Holliday Addition by the developer, QHQ Properties, presented and read. Buol moved that the communication be received and filed. Seconded by Connors. Motion carried 7- O. RESOLUTION NO. 33-05 ACCEPTING IMPROVEMENTS IN HOLLIDAY ADDITION Whereas, pursuant to Resolution No. 159-99, certain improvements including street paving, storm sewer, watermain, and street lighting were installed by the developer of Holliday Addition. Whereas, the improvements have been completed and the City Manager has examined the work and his 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, IOWA: Section 1. That the recommendation of the City Manager be approved and that said improvements in Holliday Addition be and the same is hereby accepted. Section 2. That maintenance of said improvements shall be the responsibility of the contractor and the owner for a period of two years from this date. Passed, approved and adopted this ih day of February, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Tyler Road - Clarification of Warranty Deed: City Manager recommending approval of a Correction Warranty Deed to correct an error in the legal description in a certain Warranty Deed between the City of Dubuque and the Dubuque Community School District, presented and read. Buol moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 34-05 RESOLUTION ACCEPTING A CONVEYANCE OF LOT B OF BLOCK 8 IN METTEL-L1NK ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, the City of Dubuque entered into an agreement with the Dubuque Community School District pursuant to which the Dubuque Community School District agreed to convey Lot B of Block 8 in Mettel-Link Addition in the City of Dubuque, Dubuque County, Iowa, as shown on the Acquisition Plat thereof; and Whereas, the Dubuque Community School District has executed a conveyance of said property. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts, and consents to the Correction Warranty Deed from the Dubuque Community School District, Regular Session, February 7,2005 25 copies of which are attached hereto, as acquired by Iowa Code Section 569.7. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, approved and adopted this 7th day of February, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Iowa 32 (Southwest Arterial) - Consultant Design Contract: City Manager recommending approval of the Consultant Professional Services Agreement for Earth Tech to complete Preliminary Engineering Design Services for improvement of Iowa Highway 32 (Southwest Arterial), presented and read. Buol moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 35-05 RESOLUTION APPROVING THE CONSUL- TANT PROFESSIONAL SERVICES AGREE- MENT FOR EARTH TECH, INC. TO COMPLETE PRELIMINARY DESIGN SERVICES FOR THE IMPROVEMENT OF IOWA HIGHWAY 32 (SOUTHWEST ARTERIAL) Whereas, the City of Dubuque (City) and the Iowa Department of Transportation (Iowa DOT) have developed a Consultant Professional Services Agreement with Earth Tech, Inc. to perform preliminary design services for the improvement of Iowa Highway 32 (Southwest Arterial); and Whereas, the City of Dubuque (City) will be the lead public agency responsible for managing the Phase I - Preliminary Engineering Design; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That said Consultant Professional Services Agreement with Earth Tech, Inc. to perform preliminary design services for the improvement of Iowa Highway 32 (Southwest Arterial) be approved. Section 2. That the Mayor be authorized and directed to execute three copies of said Consultant Professional Services Agreement with Earth Tech, Inc. for the Iowa Highway 32 (Southwest Arterial). Passed, adopted and approved this ih day of February, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Water Works Park: City Manager recommending approval of the submission of a grant application to the Iowa Department of Natural Resources (IDNR) for a Water Recreation Access Grant to reconstruct the boat ramp and trailer parking at Water Works Park, presented and read. Buol moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 36-05 RESOLUTION AUTHORIZING AN APPLI- CATION FOR A WATER RECREATION ACCESS GRANT FOR BOAT RAMP AND PARKING AT WATER WORKS PARK Whereas, the Iowa Department of Natural Resources provides a Water Recreation Access Grant Program for constructing or improving boat access facilities; and Whereas, the City of Dubuque has determined that the reconstruction of the boat ramp and trailer parking at Water Works Park is consistent with the Riverfront 2000 Plan, a component of the 2002 Dubuque Comprehensive Plan; and Whereas, the construction of Water Works Park is included as a component of the Vision Iowa grant for the America's River project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the submission of an application to the Iowa Department of Natural Resources for a Water Recreation Access Grant to fund reconstruction of the boat ramp and trailer parking at Water Works Park,is hereby approved. Section 2. That the Planning Services Manager hereby is authorized to sign and submit a Water Recreation Access Grant application for this project. Passed, approved and adopted this ih day of February 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Upper Main Street Historic District: Historic Preservation Commission recommending City Council approval of the nomination of the Upper Main Street Historic District to the National Register of Historic Places and forwarding of the nomination to the State Nominations Review Committee, presented and read. Buol moved that the communication be received and filed and approved nomination. Seconded by Connors. Motion carried 7-0. Eagle Point Water Plant Elevator ADA Renovation Improvement Project: City Manager recommending acceptance of the Eagle Point Water Plant Elevator ADA Renovation 26 Regular Session, February 7, 2005 Improvement Project as completed by Klauer Construction Company in the final contract amount of $137,447, presented and read. Buol moved that the communication be received and filed. Seconded by Connors. Motion carried 7- O. RESOLUTION NO. 37-05 ACCEPTING IMPROVEMENT Whereas, the Contract for the renovation of the Eagle Point Water Plant Elevator and Doorways have been completed and the City's Consultant Allen and Urbain Architects, of Dubuque, Iowa recommends acceptance of the project. 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 improvement be accepted. Passed, adopted and approved this 7th day of February, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 38-05 FINAL ESTIMATE Whereas, the Contract for the renovation of the Eagle Point Water Plant Elevator Project, located at 1902 Hawthorne Street, Dubuque, Iowa has been completed and the City has submitted the final estimate showing the cost thereof. 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 $137,449. Section 2. That the fin",1 payment of $6,872.48 be paid to Klauer Construction Company of Dubuque, Iowa in accordance with the State Statute from funds in the Water Department's FY '04 CIP Budget. Passed, adopted and approved this 7th day of February, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Water Distribution Geographical Information System (GIS) Update: City Manager recommending approval of a contract with Missman Stanley and Associates to perform the work of updating the Geographical Information System maps in Water Distribution, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Connors. Motion carried 7-0. Dubuque Industrial Center West 3rd Addition - Contract Amendments: City Manager recommending approval of amendments #3 and #4 to the contract with IIW for design and engineering of the proposed 150 acre expansion of Dubuque Industrial Center West, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Connors. Motion carried 7-0. Governor's Traffic Safety Grant: City Manager recommending approval of the submission of an application for a Governor's Traffic Safety Grant in the amount of $20,166 for two hundred hours of traffic safety reimbursement overtime funds and the purchase of four in-car video systems, presented and read.' Buol moved that the communication be received and filed and approved recommendation. Seconded by Connors. Motion carried 7-0. Community Development Block Grant Funding: Communication from the Community Development Advisory Commission requesting City Council's support for continued funding of future Community Development Block Grant programs, presented and read. Buol moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. Heron Pond Fishing Pier Project: City Manager recommending acceptance of the Heron Pond Fishing Pier Project as completed by Dubuque Barge and Fleeting Service in the final contract amount of $53,511.02, presented and read. Buol moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 39-05 ACCEPTING IMPROVEMENT WHEREAS, the contract for the Heron Pond Fishing Pier 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 Regular Session, February 7, 2005 27 equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 7th day of February, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 40-05 FINAL ESTIMATE WHEREAS, the contract for the Heron Pond Fishing Pier 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 $53,511.02, and the said amount shall be paid from the General Fund of the City of Dubuque, Iowa. Passed, approved and adopted this 7th day of February, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Legislative Correspondence: City Manager recommending approval of a letter to State Representative Jeff Elgin regarding the proposed increase in IPERS contribution rate and letter to area legislators encouraging support for continued existence of utility franchise fees, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Connors. Motion carried 7-0. Industrial Sewer Use Agreement: City Manager recommending approval of an Industrial Sewer Use Agreement with Interstate Power and Light Co. - Dubuque Power Station similar to the long-term sewer use agreements the City has with Rousselot, Swiss Valley Farms and Inland Protein, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Connors. Motion carried 7-0. Madison Street Sanitary Sewer Extension Project: City Manager recommending approval of the final schedule of assessments for the Madison Street Sanitary Sewer Extension Project, presented and read. Buol moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 41-05 A RESOLUTION ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE MADISON STREET SANITARY SEWER EXTENSION 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 Madison Street Sanitary Sewer Extension Project under contract with Top Grade Excavating, Inc. of Epworth, Iowa, which final plat and schedule were filed in the office of the City Clerk on the 26th day of January, 2005, 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. That assessments may be paid in full or in part without interest at the office of the City Treasurer, City Hall, 50 W. 13th 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 28 Regular Session, February 7, 2005 assessments of $100.00 or more are payable in 10 annual installments at the County Treasurer's Office, Dubuque County Courthouse, 720 Central, 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. Passed, approved and adopted this ih day of February, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk MADISON AVENUE SANITARY SEWER FINAL VALUATION AND ASSESSMENTS OWNER ADDRESS LOT DESCRIPTION PARCEL NO. TOTAL NET ASSESSMENT Rampson, R. Dean and Jannete 1829 Madison Lot 2-2-1-2 & N. 50' Lot 1-2-2 CL 678 10-24-180- 021 $5,771.06 Welsh, Kevin J. and Abigail M. 1849 Madison Lot1-1-1-2, 1-2-1-1-2,2-2-1-1-2, 1-2-1-2 CL 678 10-24- 180-020 $9,893.27 Delire S. Vance & Tricia 1921 Madison St. E. 151'-48, E.131-490, #-161' 47 & E. 161- 46 CoxesAddn. 10-24-180-019 $9,171.89 Chappell, James Thomas 1910 Madison St. Lot 1-1-1-1- & Lot 2-54 CL678 & Marshs Addn. 10-24-181-002 Financial Assistance $1,823.11 - Total Due: $6,998.39 TOTALS: Total Net Assessments: $33,657.74 Buol moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. 2004 Sidewalk Assessment Bid Packages #3 and #4: City Manager recommending approval of the levy of asseSSments for Bid Packages #3 and #4 of the 2004 Sidewalk Assessment Project, presented and read. Buol moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 42-05 A RESOLUTION ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE 2004 SIDEWALK ASSESSMENT PROJECT - BID #3 & Bid #4 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 2004 Sidewalk Assessment Project - Bid #3 & Bid #4 under contract with Kluck Construction, Inc. of Dubuque, Iowa, and Schuster Excavating of Peosta, Iowa, which final plat and schedule were filed in the office of the City Clerk on the 2nd day of February, 2005, 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. That assessments may be paid in full or in part without interest at the office of the City Treasurer, City Hall, 50 W. 13th 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, 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. Regular Session, February 7, 2005 29 Passed, approved and adopted this ih day of February, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk City of Dubuque 2004 SIDEWALK ASSESSMENT PROJECT - BID #3 & #4 SCHEDULE OF FINAL ASSESSMENTS 1/25/2005 OWNER PARCEL # LEGAL LOCATION TOTAL ASSESSMENT Francois, Jason P. & Sarah A. 10-21-227-015 Lot 9 Block 2 Sunset Park 3443 Kimberly Dr. $647.16 Dalton, Jeffrey D. & Sharon K.10-16-480-007 Lot 21 Block 6 Sunset Park Sub. 3424 Meggan $494.50 Haug, Joan 10-16-482-026 Lot 4 Block 3 Sunset Park Sub. 2529 Waller . $204.70 Konrardy, Roger & Mary, 10-16-417-014 Lot 20 Block 10 Sunset Park Sub. 3345 Sunset Park Cr., $186.00 Kirchoff, James M. & Patricia A. 10-16-474- 004 Lot 6 Block 9 Sunset Park Sub., 3470 Sunset Park Circle $575.00 Slyter, Jill M. 10-16-454-007 Lot 3 Buena Vista Sub. #5 2469 Hacienda $1,031.55 Chew, Patrick & Nancy 10-28-229-013 Lot 13 Block 4 West Side Manor Sub. & Lot 2-2 and 2- 1-1 of West Side Manor Place 1575 John F. Kennedy $2,808.30 Schroeder, Alan M. & Deborah L. 10-23-482- 008 Lots #2 & #3 Rohner Sub. 1206 Loras (on Glen Oak) $577.30 Correa, Omar G. & Amy V. 10-13-457-008 Lot 21 Sanford's Sub. 2307 Windsor $1,912.22 Southwood, Brian D. & Linda S. 10- 22-306-009 Lot 4 Helle Sub 3151 Hillcrest .$2,700.26 Mueller, Thomas J. 10-22-306-007 Lot 2-2-2- 2 Asbury Springs Sub. #1 3163 Hillcrest $2,068.57 Mueller, Thomas J. 10-22-306-008 Lot 2 Helle Sub. 3157 Hillcrest $4,319.70 Buol moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Quarterly Investment Report: City Manager submitting the December 31, 2004 Quarterly Investment Report, presented and read. Buol moved that the communication and report be received and filed. Seconded by Connors. Motion carried 7-0. Bee Branch Creek Restoration Alignment Study Report: Communication to Wayne Klostermann in response to concerns with the Bee Branch Creek Restoration Alignment Study Report, presented and read. Buol moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. Department of Housing and Urban Development: Communication from the Department of Housing and Urban Development (HUD) advising that the City has been selected to receive funding for the Fiscal Year 2004 Housing Choice Voucher Family Self Sufficiency program to support one homeownership renewal position and one regular renewal position, presented and read. Buol moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. Business Licenses: RESOLUTION NO. 43-05 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 "C" BEER PERMIT Dubuque Discount Gas, Inc Dubuque Discount Gas+(Sunday Sale) 2175 Central Hill Street Plaza, Inc Oky Doky +(Sunday Sale) 535 Hill St Dubuque Discount Gas, Inc Dubuque Discount Gas+(Sunday Sale) 4110 Dodge Inocente Rubio EI Paisano 1543 Central Nash Finch Company Econo Foods #471+ (Sunday Sale) 3355 JFK Hartig Drug Company Hartig Drug+ (Sunday Sale) 2225 Central Passed, approved and adopted this 7th day of February, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 44-05 \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: 30 Regular Session, February 7, 2005 That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS "B" LIQUOR Dubuque Inn Corp. Best Western Dubuque Inn+ (Sunday Sale) 3434 Dodge CLASS "COO BEER/LIQUOR LICENSE Melvin Spiegelhalter The Club House 2364 Washington Pusateri's+ 2400 Central Hammerheads Bar 2095 Kerper Blv Tony's Place+ 1701 Central Town Clock Inn 799 Town Clock James Goetzinger Goetz's+ (Sunday Sale) 2776 Jackson The Apartment, Ltd Dubuque Mining Co. +' (Sunday & Outdoor Sale) 555 JFK Rd. CLASS "BOO WINE Hartig Drug Company Pusateri Entrp (Sunday Sale) Hammerheads Inc. / Billiards+(Sunday Sale)' Charles Steffen (Sunday Sale) Town Clock Inn Inc Hartig Drug 2225 Central Econo Foods # 471 3355 JFK Rd Grape Harbor 123 Main St SPECIAL CLASS"C" LIQUOR Carroll's Wine Company Grape Harbor+ (Sunday Sale) 123 Main St Passed, approved and adopted this 7th day of February, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Nash Finch Company Carroll's Wine Company ITEMS TO BE SeT FOR PUBLIC HEARING Fiscal Year 2006 Annual Action Plan: City Manager recommending that a public hearing be set for February 28, 2005 on the Fiscal Year 2006 Annual Action Plan, presented and read. Cline moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 45-05 A RESOLUTION SETTING A PUBLIC HEAR- ING ON THE PROGRAM YEAR 2005 (FISCAL YEAR 2006) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN. Whereas, the City of Dubuque has, through a series of public meetings and hearings, finalized a Program Year 2005 (Fiscal Year 2006) Community Development Block Grant Annual Plan addressing both housing and non-housing needs in the community; and Whereas, copies of the draft Program Year 2005 (Fiscal 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: 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 28, 2005 for the purpose of holding a public hearing and taking action on the Program Year 2005 (Fiscal 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 Program Year 2005 (Fiscal Year 2006) Community Development Block Grant Annual Plan. Passed, approved and adopted this ih day of February 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution and set public hearing for 2/28/05 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 Nicholson. Motion carried 7-0. Fiscal Year 2006 Operating Budget and Capital Improvement Program: City Manager recommending that a public hearing be set for March 8, 2005 to consider adoption of the Fiscal Year 2006 Operating Budget and Capital Improvement Program, presented and read. Cline moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 46-05 SETTING THE DATE FOR THE PUBLIC HEARING ON THE FISCAL YEAR 2006 BUDGET FOR THE CITY OF DUBUQUE Whereas, Iowa Code Section 384.16 provides that the City Council shall set a time and place for a public hearing on the Fiscal Year 2006 budget before the final budget certification date and shall publish notice before the hearing as provided in Iowa Code Section 362.3. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council shall conduct a public hearing on the proposed Fiscal Year 2006 budget for the City of Dubuque at the Carnegie Stout Public Library Auditorium, 360 31 Regular Session, February 7, 2005 West 11th Street, Dubuque, Iowa, on Tuesday, March 8, 2005, beginning at 6:30 p.m. Section 2. Th~t the City Clerk be and is hereby authorized and directed to publish notice of the public hearing, according to law, together with the required budget information. Passed, approved and adopted this ih day of February, 2005. Terrance M. Duggan, Mayor Attest:, Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution and set the date for public hearing for 3/8/05 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 Nicholson. Motion carried 7-0. RESOLUTION NO. 47-05 SETTING THE DATE FOR THE PUBLIC HEARING ON THE FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEARS 2006 THROUGH 2010 FOR THE CITY OF DUBUQUE Whereas, a proposed Five-Year Capital Improvement Program for the City of Dubuque for Fiscal Years 2006 through 2010 has been prepared and submitted to the City Council; and Whereas, the capital projects for the first year of the program are included in the Fiscal Year 2006 budget for the City of Dubuque; and Whereas, it is deemed to be in the best interest of the City of Dubuque to conduct a public hearing and adopt the five-year Capital Improvement Program simultaneously with the public hearing and adoption of the Fiscal Year 2006 budget for the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council shall conduct a public hearing on the five-year Capital Improvement Program for Fiscal Years 2006 through 2010 at the Carnegie Stout Public Library Auditorium, 360 West 11 th Street, Dubuque, Iowa, on Tuesday, March 8, 2005, beginning at 6:30 p.m. Section 2. That the City Clerk be and is hereby authorized and directed to publish notice of the public hearing. Passed, approved and adopted this ih day of February, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution and set the date for public hearing for 3/8/05 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 Nicholson. Motion carried 7-0. BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Boards/Commissions: Community Development Advisory Commission (Three 3-year terms through 2/15/08 - terms of Oliver, Shaw and Pregler); Applicants: David Oliver, David Shaw. No one spoke. Appointments to the following Boards / Commissions: Historic Preservation Commission (One unexpired three-year term through 7/1/05 - Old Main District); Applicant: Mirdza E. Berzins. Michalski moved that Mirdza E. Berzins be appointed to the unexpired three year term on the Historic Preservation Commission, representing the Old Main District, which term will expire 7/1/05. Seconded by Nicholson. Motion carried 7-0. TV Cable Regulatory Commission (One unexpired three-year term through 6/30/06 - term of Ellis; two unexpired three-year terms - term of Pratt and one vacant); Applicants: Charlie Ellis, Michael W. Pratt. Michalski moved that Charlie Ellis be reappointed to an unexpired three year term which will expire 6/30/06 and Michael W. Pratt reappointed to an unexpired three year term which will expire 6/30/07. Seconded by Nicholson. Motion carried 7-0. PUBLIC HEARINGS Buol moved that the rules be suspended to allow anyone present to address the Council. Seconded by Markham. Motion carried 7-0. Historic Preservation Revolving Loan Fund: City Manager recommending that the City Council ratify their former action approving the Loan Agreement with Premier Bank and the $200,000 General Obligation Capital Loan Note for the Historic Preservation Revolving Loan Fund, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 48-05 RESOLUTION RATIFYING PRIOR PRO- CEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF $200,000 GENERAL OBLIGATION CAPITAL LOAN NOTES WHEREAS, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the authorization of a Loan Agreement and the issuance of $200,000 General Obligation Capital Loan Notes for a general corporate purpose, for the purpose of 32 Regular Session, February 7, 2005 paying costs of funding the City's Historic Preservation Revolving Loan Fund and the making of loans to property owners in designated historic preservation districts or who own a City designated landmark for exterior rehabilitation projects, and no petition was filed calling for a referendum thereon. The following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the prior action of this Council in Resolution No. 485-04, approved on December 20, 2004, to institute proceedings and take additional action for the authorization of a Loan Agreement and issuance in the manner required by law of $200,000 General Obligation Capital Loan Notes to evidence the obligation thereof for the foregoing general corporate purpose, is hereby ratified, confirmed and approved. Section 2. That the prior action of this Council in Resolution No. 486-04, approved on December 20, 2004, to approve a form of Loan Agreement and authorize issuance of said Notes is in all respects ratified, confirmed and approved. Passed and approved this 7th day of February, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Five Flags HVAC Project: Proof of publication on notice of hearing on plans and specifications and City Manager recommending award of the contract for the Five Flags HVAC Replacement Project to Geisler Brothers Company in the contract amount of $480,181, presented and read. Markham moved that the proof and communication be received and filed. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 49-05 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS WHEREAS, on the 3rd day of January 2005, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Five Flags HVAC Replacement Project. WHEREAS, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, approved and adopted this 7th day of February, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 50-05 AWARDING CONTRACT WHEREAS, sealed proposals have been submitted by contractors for the Five Flags HVAC Replacement Project pursuant to Resolution No. 11-05, and notice to bidders published in a newspaper published in the City of Dubuque, Iowa, on the 7th day of January, 2005. WHEREAS, said sealed proposals were opened and read on the 27th day of January, 2005, and it has been determined that the bid of Geisler Brothers Company in the amount of $480,181 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the plans and specifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above improvement be awarded to Geisler Brothers Company, and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the co.ntractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 7th day of February, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. Indian Room Rest Room Renovation Project: Proof of publication on notice of hearing on plans and specifications and City Manager recommending award of the contract for the Indian Room Rest Room Renovation Project to Conlon Construction Company in the contract amount of $33,900, presented and read. Cline moved that the proof and communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 51-05 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Regular Session, February 7,2005 33 WHEREAS, en the 20th day ef December, 2004, plans, specificatiens, ferm ef centract and estimated cest were filed with the City Clerk ef Dubuque, lewa fer the Indian Reem Rest Reem Renbvatien Preject. WHEREAS, netice ef hearing en plans, specificatiens, ferm ef centract, and estimated cest was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specificatiens, ferm ef centract and estimated cest are hereby appreved as the plans, specificatiens, ferm ef centract and estimated cest fer said imprevements fer said preject. Passed, appreved and adepted this 7th day ef February, 2005. Terrance M. Duggan, Mayer Attest: Jeanne F. Schneider, City Clerk Cline meved adeptien ef the Reselutien. Secended by Cenners. Metien carried 7-0. RESOLUTION NO. 52-05 AWARDING CONTRACT WHEREAS, sealed prepesals have been submitted by centracters fer the Indian Reem Rest Reem Renevatien Preject pursuant to. Reselutien No.. 484-04, and netice to. bidders published in a newspaper published in the City ef Dubuque, lewa, en the 24th day ef December, 2004. WHEREAS, said sealed prepesals were epened and read en the 27th day ef January, 2005, and it has been determined that the bid ef Cenlen Censtructien Cempany in the ameunt ef $33,900 was the lewest bid fer the furnishings ef all laber and materials and perferming the werk as provided fer in the plans and specificatiens. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract fer the abeve imprevement be awarded to. Cenlen Censtructien Cempany, and the Manager be and is hereby directed to. execute a centract en behalf ef the City ef Dubuque fer the complete perfermance ef the werk. BE IT FURTHER RESOLVED: That upen the signing ef said centract and the appreval ef the contracter's bend, the City Treasurer is autherized and instructed to. return the bid de pes its ef the unsuccessful bidders. Passed, appreved and adepted this 7th day ef February, 2005. Terrance M. Duggan, Mayer Attest: Jeanne F. Schneider, City Clerk Cline meved adeptien ef the Reselutien. Secended by Cenners. Metien carried 7-0. Markham meved to. reinstate the rules limiting discussien to. the Ceuncil. Secended by Cline. Metien carried 7-0. ACTION ITEMS Amendments to. the Human Relatiens Ordinance: Cemmunicatien frem the Human Rights Cemmissien recommending adeptien ef amendments to. the Human Relatiens Ordinance that weuld prehibit discriminatien based en sexual erientatien; Cemmunicatien frem Judy Haley Giesen, Chair ef the Human Rights Cemmissien, requesting to. address the Mayer and City Ceuncil regarding the propesed sexual erientatien amendment; Request frem Michael Cety to. address the City Ceuncil regarding adding sexual erientatien to. Dubuque's nendiscriminatien pelicy; Kris Hall requesting the eppertunity to. address the City Ceuncil in suppert ef changing the City's nendiscriminatien pel icy to. include sexual erientatien; Reverend Dr. Gwen Sayler requesting the eppertunity to. be heard in suppert ef changing the nendiscriminatien erdinance to. include the werds "sexual erientatien;" Sister Jerdan Dahm, OSF, requesting to. address the Ceuncil in suppert ef the amendment to. include sexual erientatien as a pretected class in the City's nendiscriminatien pelicy and erdinance; Jerry Oakland requesting to. address the City Ceuncil; Rebert J. Dunn, Ph.D., requesting to. address the Ceuncil in suppert ef changing the nendiscriminatien erdinance to. include the werds "sexual erientatien;" Cemmunicatien frem Sid Scett, Member ef the Human Rights Sexual Orientatien Subcemmittee, requesting to. address the Ceuncil in suppert ef changing the City's nendiscriminatien erdinance to. include "sexual erientatien;" Cemmunicatien frem Ellen Kaune, Sexual Orientatien Subcemmittee Member, submitting a petitien with in excess ef 1,500 signatures in suppert ef amending the current nendiscriminatien erdinance to. include the categery ef sexual erientatien; Cemmunicatiens frem Reger Maiers, Dan Abben, Sharen Kress, Theresa Cicciarelli, Dennis Runde II, Dale A. Ricke, Clarke Cellege Student Asseciatien, Kevin and Dianne Kech, Reyal Hughes, Gwen Nilles, Lerie Murphy- Freebelin, Stephanie Nelsen, and Mary Gassman in suppert ef changing the City's nendiscriminatien erdinance to. include sexual erientatien; Cemmunicatiens and petitiens from Gaye Grete, Duane and Jane Meyer, Rev. Msgr. Francis P. Friedl, Karen Earle, Bill and Celleen Pasnik, Paul and Sara Dupent, William K. Hammel, Sheila Evarts, Emily Garrett, Audrey Nuti, Paster Kristian G. Kincaid, Ruth Becker, Paster Dennis. Schmitt, David and Miriam Ramse, Gerald J. Keppes, Kelly Allen, Janice Weig, Charlette and Rachel Beland, AI Pefley, 34 Regular Session, February 7, 2005 and Eugene Hingtgen, in opposition to changing the City's nondiscrimination ordinance to include sexual orientation; Communication from the Executive Board Members of the Dubuque League of Women Voters regarding the issue of changing the City's nondiscrimination policy to include sexual orientation; presented and read. An Ordinance Amending Chapter 27, Human Relations, of the City of Dubuque Code of Ordinances by adding two new paragraphs. to Section 27-1 defining "Sexual Orientation" and defining "Religious Education Institution", and amending Sections 27-51(2), 27-61(1)-(2), 27- 71(1)-(3), 27-72, 27-91(1)-(3), 27-101, 27- 131 (1 )-(5), 27-132(c), 27-133(a), (c), 27-134, AND 27-145(1)-(3) prohibiting discrimination based on "sexual orientation," presented and read. Buol 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 failed due to the following vote: Yeas-Duggan, Markham, Buol. Nays-Gline, Connors, Michalski, Nicholson. Judy Hailey Giesen, 1600 Lori, as Chair of the Human Rights Commission, and Sister Jordan Dahm, 3300 Windsor Ave., spoke requesting adoption of the proposed Ordinance. Leon Jensen, 510 St. George Street, and Father Richard Schaefer, 1330 Iowa Street, spoke requesting Council not adopt the proposed Ordinance. Buol moved that this be considered the first reading of the Ordinance. Seconded by Michalski. Motion failed due to the following vote: Yeas-Buol, Connors, Michalski. Nays- Cline, Duggan, Markham, Nicholson. Historic District Public Improvement Program Policy Guidelines: Communication from the Historic Preservation Commission, in response to a request from the Four Mounds Foundation, recommending that the Historic District Public Improvement Program (HDPIP) Policy Guidelines be revised to include local landmark sites, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 7-0. Section 8 Program Funding: City Manager submitting information on recent and continuing changes in the funding structure for the HUD Section 8 rental assistance program and actions being taken by the Housing and Community Development Department and Housing Commission in response to the funding shortfall, presented and read. Buol moved that the communication be received and filed ahd commended Staff for the steps they've taken and requested that the City Council be kept informed. Seconded by Nicholson. Motion carried 7-0. West 32nd Street Detention Basin - Consultant Selection: City Manager recommending approval of the selection of MSA Professional Services, Inc. to provide engineering and design services for the West 32nd Street Detention Basin Project at a cost of $105,582, presented and read. Cline moved that the communication be received and filed and approved recommendation. Seconded by Michalski. Motion carried 7-0. Putnam Street and Muscatine Street Stop Signs: City Manager recommending approval of the installation of stop signs for traffic on Muscatine Street at Putnam Street, presented and read. Buol moved that the communication be received and filed.' Seconded by Nicholson. 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 Muscatine Street at Putnam Street, presented and read. OFFICIAL PUBLICATION ORDINANCE NO.3-OS 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 MUSCATINE STREET AT PUTNAM 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, by adding Muscatine Street to Subsection (b) of Section 32-214 thereof as follows: Sec. 32-214. Stop Intersections. (b) * * Northbound and Southbound Muscatine Street and Putnam Street Passed, approved and adopted this 7th day of February, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald newspaper this 11th day of February, 2005. Jeanne F. Schneider, City Clerk 1t 2/11 Buol 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 Regular Session, February 7, 2005 35 suspended. Seconded by Nicholson. Motion carried 7-0. Buol moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. U.S. General Services Administration: Communication from Michael T. Brincks, U.S. General Services Administration (GSA), advising of their intent to transfer control of the United States Post Office Building at 350 West 6th Street and asking for confirmation of the City's continued interest in acquisition of the facility, presented and read. Markham moved that the communication be received and filed and referred to the City Manager. Seconded by Cline. Motion carried 7-0. COUNCIL MEMBER REPORTS Michalski shared that Council and staff had a very worthwhile meeting with the state legislators in Des Moines. Nicholson spoke about the legislation regarding the utility franchise fees. There being no further business, Michalski moved to adjourn. Seconded by Connors. Motion carried 7-0. The meeting adjourned at 8:01 P.M. Is Jeanne F. Schneider, CMC City Clerk 1t 2/16 Approved: 2005 ~r-~ Ity Clerk 36 Special Session, February 15, 2005 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, February 15, 2005 Council met in Special Session at 6:30 P.M. in the Library Auditorium Present: Mayor Pro-Tem Markham; Council Members Buol, Cline, Connors, Michalski, Nicholson, City Manager Van Milligen Absent: Mayor Duggan Mayor Pro-Tem Markham read the call and stated this is a special session of the City Council called for the purpose of discussing various City departmental budgets. The budgets for. the following departments were discussed: Human Rights Department; Finance Department; City Manager's Office; City Council; City Clerk's Office and Legal Department. Human Rights Department: Buol thanked the Human Rights Director and staff for the educational effort that has been made regarding human rights. Finance Department: Michalski commented that the mail courier for City Hall was an excellent idea. City Manager's Office: Michalski stressed that although the decision package to provide Healthwise handbooks for employees was not funded, preventive health care measures needed to be a high priority. Markham requested that the local utility companies (Aquila and Alliant) be involved in the GIS process. City Council: Jane Kenworthy, Louise Kames, Jan Hemmer, Carla Heathcote, Peg Hudson, and Connie Twinning spoke in support of the proposed funding for the arts and cultural affairs. There being no further business, Nicholson moved to adjourn. Seconded by Michalski. Motion carried 6-0. The meeting adjourned at 8:29 p.m. Isl Jeanne F. Schneider, CMC City Clerk 1 t 2/23 Approved: 2005 f ~ O~ ~~U~ . y Clerk Special Session, February 16, 2005 37 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, February 16, 2005 Council met in Special Session at 6:30 P.M. in the Library Auditorium Present: Mayor Pro-Tem Markham, Council Members Buol, Cline, Connors, Michalski, Nicholson, City Manager Van Milligen Absent: Mayor Duggan Mayor Pro-Tem Markham read the call and stated this is a special session of the City Council called for the purpose of discussing various City departmental budgets. The budgets for the following City Departments were discussed: Emergency Communications Center, Emergency Manage- ment Office, Fire Department, Police Department, and Building Services Department. Fire Department - Michalski questioned why response times were remaining consistent with the increased area of coverage and whether the need for a new station was being looked at. Fire Chief Brown stated that the response times were an average; however, the ability to control intersection lights has had a definite impact on response time. He also reported that the need for an additional station and the appropriate location was being studied. Police Department - Nicholson requested that foul-weather gear for auxiliary police (at City expense) be looked at. He also questioned the life usefulness for the canine unit. Cline commented that the various presidential events had been a learning experience and that the City should start preparing now for the next election. Connors questioned the cost of the recommended cell phones. There being no further business, Suol moved to adjourn. Seconded by Michalski. Motion carried 6-0. The meeting adjourned at 8:14 p.m. /s/ Jeanne F. Schneider, CMC City Clerk 1 t 2/23 Approved: / ~~ A1.1 . . CounalMembe~ 2005 2005 38 Regular Session, February 21, 2005 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, February 21, 2005 Council Met in Regular Session at 6:30 P.M. in the Library Auditorium Present: Mayor Duggan, Council Members Buol, Connors, Markham, Michalski, Nicholson, City Manager Van Milligen, Corporation Counsel Lindahl Absent: Council Member Cline Mayor Duggan read the call and stated this is a regular session of the City Council called for the purpose of discussing matters which may properly come before the Council. Invocation was given by Reverend Doctor Thomas Young, Pastor of Westminster Presbyterian Church. CONSENT ITEMS Minutes and Reports Submitted: Airport Commission of 1/31; Arts and Cultural Affairs Commission of 1/25; City Council of 2/7 and 2/15; Five Flags Commission of 1/17; Housing Commission Trust Fund Committee of 2/1; Human Rights Commission of 1/10; Mechanical Board of 2/1; Park and Recreation Commission of 2/8; Zoning Advisory Commission of 2/2; Zoning Board of Adjustment of 1/27, presented and read. Buof moved that the minutes be received and filed. Seconded by Nicholson. Motion carried 6-0. Proof of publication of List of Claims and Summary of Revenues for the month ending December 31, 2004, presented and read. Buol moved that the proof be received and filed. Seconded by Nicholson. Motion carried 6-0. Library Board of Trustees Update from Meeting of January 27, 2005, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 6-0. Finance Director submitting the City of Dubuque Financial Reports for the month ending January 31, 2005 (on file in City Clerk's Office), presented and read. Buol moved that the communication and report be received and filed. Seconded by Nicholson. Motion carried 6-0. Notice of Claims/Suits: Carrie Bills vs. City of Dubuque et al; Lois Bublitz for property damage; Freedom Properties, LLC for property damage; Ken Kieffer for property damage; Ronald Koppes for vehicle damage; Darryl 1. Ricke for vehicle damage; Heidi Stierman vs. the City of Dubuque Housing Division, presented and read. Buol moved that the communications be received and filed and referred to Legal for investigation. Seconded by Nicholson. Motion carried 6-0. Corporation Counsel advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Lois M. Bublitz for property damage; Freedom Properties, LLC for property damage; Ronald Koppes for personal injury/property damage; Darryl T. Ricke for vehicle damage; and Rose - Ruff for vehicle damage, presented and read. Buol moved that the communications be received and filed and concurred. Seconded by Nicholson. Motion carried 6-0. Corporation Counsel recommending denial of the claim of Ken Kieffer for property damage, presented and read. Buol moved that the communication be received and filed and concurred. Seconded by Nicholson. Motion carried 6-0. U.S. Department of Housing and Urban Development: Communication from U.S. Department of Housing and Urban Development advising that the audit report for the period July 1, 2003 through June 30, 2004 has been satisfactorily closed, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 6- O. Citizen Communication: Communication -of John and Karla Steger to the Iowa Department of Natural Resources regarding grading and fill activities that have taken place immediately next to their property at 11775 North Cascade Road, presented and read. Connors moved that the communication be received and filed and directed staff to monitor the situation. Seconded by Markham. Motion carried 6-0. Tax Assessment Appeal - Stipulation of Settlement: Corporation Counsel submitting a Stipulation of Settlement of a tax assessment appeal by Kress Industrial Facility, L.L.C., presented and read. Buol moved that the communication be received and filed and approved settlement. Seconded by Nicholson. Motion carried 6-0. Yiannias Place NO.3 - Plat of Survey: Zoning Advisory Commission recommending approval of the plat of survey of Lot 1 of 2 and Lot 2 of 2 Regular Session, February 21, 2005 39 of Yiannias Place No. 3 located on John F. Kennedy Road, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 6- O. RESOLUTION NO. 53-05 A RESOLUTION APPROVING THE PLAT OF SURVEY OF LOT 1 OF 2 AND LOT 2 OF 2 OF YIANNIAS PLACE NO. 3 IN THE CITY OF DUBUQUE, IOWA. Whereas, there has been filed with the City Clerk a Plat of Survey Lot 1 of 2 and Lot 2 of 2 of Yiannias Place NO.3 in the City of Dubuque, Iowa; and Whereas, upon said Plat of Survey provides Lot 1 of 2 with 1,873 square feet of lot area and o feet of lot frontage, where 5,000 square feet of lot area and 50 feet of lot frontage is required; and Whereas, the Plat of Survey has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said Plat of Survey has been examined by the City Council and they find that it conforms to the statutes and ordinances relating to it. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 42-19(b) of the Subdivision Regulations is hereby waived to allow Lot 1 of 2 to have 1 ,873 feet of lot area and 0 feet of lot frontage, where 5,000 feet of lot area and 50 feet of lot frontage are required. Section 2. That the Plat of Survey of Lot 1 of 2 and Lot 2 of 2 of Yiannias Place NO.3 is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said Plat of Survey. Passed, approved and adopted this 21st day of February, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. Yuan Place - Plat of Survey: Zoning Advisory Commission recommending approval of the plat of survey of Lot 1 and Lot A of Yuan Place located on John F. Kennedy Road, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 6-0. RESOLUTION NO. 54-05 A RESOLUTION APPROVING THE PLAT OF SURVEY LOT 1 AND LOT A OF YUAN PLACE IN THE CITY OF DUBUQUE, IOWA. Whereas, there has been filed with the City Clerk a Plat of Survey Lot 1 and Lot A of Yuan Place in the City of Dubuque, Iowa; and Whereas, upon said Plat of Survey appears a street to be known as John F. Kennedy Road (Lot A), which the owners by said Plat of Survey have dedicated to the public forever; and Whereas, the Plat of Survey has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said Plat of Survey has been examined by the City Council and they find that it conforms to the statutes and ordinances relating to it. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of John F. Kennedy Road (Lot A) as appears upon said Plat of Survey, be and the same are hereby accepted; ahd Section 2. That the Plat of Survey of Lot 1 and Lot A of Yuan Place 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 21st day of February 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. Dubuque Main Street, Ltd.: Communication to the Board of Trustees Preservation Committee in support for the nomination of Dubuque Main Street, Ltd. for the National Trust for Historic Preservation's Trustees' Award for Organizational Excellence, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 6-0. Electronic Bidding on Bond Issues: City Manager recommending that the City begin utilizing electronic bidding for future bond issues to broaden the pool of potential bidders, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 6-0. Calendar Year 2004 Urban Revitalization Program Applications: City Manager recommending approval of eighteen 2004 Urban Revitalization Program applications for residential property tax exemption, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 6-0. 40 Regular Session, February 21, 2005 RESOLUTION NO. 55-05 RESOLUTION APPROVING RESIDENTIAL PROPERTY TAX EXEMPTION APPLICA- TIONS SUBMITTED BY PROPERTY OWNERS IN RECOGNIZED URBAN REVITALIZATION AREAS AND AUTHORIZING THE TRANSMITTAL OF THE APPROVED APPLICATIONS TO THE CITY TAX ASSESSOR Whereas, Chapter 404 of the Code of Iowa, the Urban Revitalization Act, permits cities to exempt property taxes for improvements made to properties in designated revitalization areas; and Whereas, the Urban Revitalization Act requires property owners to submit a written application for exemption by February 1 of the assessment year for which the exemption is first claimed, and further requires the City Council to approve all applications that meet the requirements of the adopted Urban Revitalization Plan and forward the approved applications to the City Assessor for review by March 1 of each year; and Whereas, pursuant to the requirements of said Urban Revitalization Act, the following Urban Revitalization Areas were established: Washington Street, Jackson Park, West 11 th Street, Upper Main Street, Garfield Place, Langworthy, Cathedral and Old Main; and Whereas, the City of Dubuque, as of February 1, 2005, received tax exemption applications from the following property owners in the aforementioned urban revitalization district. West 11th Street Urban Revitalization Area 660 West 1 tn Street- Christopher & Brevin Hovatich 517 Loras - Michael Fereday 1355 Cummins - Andy O'Hare 1335-1337 Bluff Street-Joe Ungs 1207 Grove Terrace- Jeffrey & Janet Mozena 1203 Grove Terrace-Hugh & Jacqueline Arnold 1106 Grove Terrace - Mary and Ken Bichell 1133 Highland Place- Deborah LaBeau 561 Jefferson- Jeff & Marie Fitzgerald Jackson Park Urban Revitalization Area 1599 Bluff-Madeline & Joseph Schlarman 1506 Iowa-Boathouse Inv. Prop. LLC 37 West 15th St-Scotlyn Properties Inc Old Main Urban Revitalization Area 261-271 Main-Robert McCoy Washinqton Urban Revitalization Area 1889-1895 Central-Harold & lona Koppes 1913-1915 Central-Harold & lona Koppes 1925 Washington- Jayne Winger 1930 Jackson- Ron & Margie White Garfield Urban Revitalization Area 521 Garfield- Davis Place LLC Whereas, the Housing and Community Development Department and Building Services have reviewed the .above-described applications and inspected the properties, and have determined that the applications and the improvements conform to all requirements of the City of Dubuque's Urban Revitalization Plan. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the above-described tax exemption applications meet the requirements of the City of Dubuque's Urban Revitalization Plan. Section 2. That the above-described tax exemption applications are hereby approved by the City Council, subject to the review and approval of the City Assessor. Section 3. That the City Clerk is hereby authorized and directed to forward the above- described tax exemption applications to the City Assessor. Passed, approved and adopted this 21 st day of February 2005. Terrance M. Duggan, Mayor Attest: Jeanne F.Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. University Avenue Extension Project: City Manager recommending approval of a purchase agreement for the purchase of property from Elm Real Estate, L.C. (Iowa Glass) for the University Avenue Extension Project, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 6-0. Destination Signs - National Mississippi River Museum and Aquarium: Communication of City Manager to Dick Kautz, Iowa Department of Transportation, in support of the installation of highway destination signs for the National Mississippi River Museum and Aquarium and advising that the City agrees to install additional destination signs on the secondary street system within the City, presented and read. Buol moved that the communication be received. and filed and approved recommendation. Seconded by Nicholson. Motion carried 6-0. Memorandum of Understanding - McFadden: City Manager recommending approval of a Memorandum of Understanding between the City and Vincent and Luella McFadden that will allow the City to proceed with rezoning the McFadden property to industrial use, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 6-0. Management Agreement for Bunker Hill Golf Course: City Manager recommending approval of a management agreement with G.M.S., Inc. (George Stephenson) for the Bunker Hill Golf Regular Session, February 21, 2005 41 Course for the period March 1, 2005 through November 30, 2005, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 6-0. Miller-Riverview Park Management Agreement: City Manager recommending approval of a management agreement with Pat Felderman for Miller-Riverview Park for the period April 1 through November 1, 2005, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 6-0. Dubuque Voluntary Annexation: Commu- nication to Steven R. McCann, City Development Board, regarding Dubuque's voluntary annexation of approximately 704.5 acres, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 6-0. Dubuque Yacht Basin Lease: City Manager recommending approval of a request from Dubuque Yacht Basin, Inc. to sublease restaurant space to Catfish Charlie's, L.L.C., presented and read. Michalski moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 6-0. Public Ice Skating Petition Response: City Manager providing a response to the petition requesting that Saturday public skating sessions be scheduled for the remainder of the season at Five Flags, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 6-0. Zoning/Subdivision Ordinance Update Consultant Selection: City Manager recommending approval of the selection of Lane Kendig, Inc. to prepare a comprehensive update of the City of Dubuque's Zoning and Subdivision Ordinances, and that City staff negotiate a contract not to exceed $130,000 that includes the firm's internet-based computerized ordinance software, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 6-0. East Central Intergovernmental Association: Communication of City Manager to the East Central Intergovernmental Association in support of an application for a collaborative Economic Development Marketing Grant, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 6-0. Business License Refund: Request of Clyde P. Mihalakis, The Dip Tap, for a refund in the amount of $422.50 on his Class C Liquor license, presented and read. Buol moved that the communication be received and filed and approved refund. Seconded by Nicholson. Motion carried 6-0. Business Licenses: RESOLUTION NO. 56-05 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 "C" BEER PERMIT Lee Potter Sr Lee's 76/West Locust Mart + (Sunday Sale) 408 W. Locust Molo Oil Company Big 10 Mart + (Sunday Sale) 2100 JFK Rd. Passed, approved and adopted this 21st day of February, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. RESOLUTION NO. 57-05 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 Lana Kaye LuGrain P.J.'s Tap+ (Sunday Sale) 500 Rhomberg Av Bootleggers Pub, Inc Bootleggers Pub 1689 Elm St Passed, approved and adopted this 21st day of February, 2005. Terrance M. Duggan, Mayor 42 Regular Session, February 21, 2005 Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. ITEMS TO BE SET FOR PUBLIC HEARING Sale of Property - 966 Liberty Street: City Manager recommending that a public hearing be set for March 7, 2005 to consider a request from Roger and Ann Pickel to purchase Lot 1, Clark's Sub 2 (966 Liberty Street), which is located adjacent to their property, presented and read. Markham moved that the communication be received and filed. Seconded by Connors. Motion carried 6-0. RESOLUTION NO. 58-05 RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN LOT 1 CLARK'S SUB 2 IN THE CITY OF DUBUQUE, IOWA (966 LIBERTY ST.) Whereas, the City of Dubuque is the owner of Lot 1 Clark's Sub 2 in the City of Dubuque, Iowa (966 Liberty St.) (the Property): and Whereas, Roger and Ann Pickel have requested to purchase the Property; and Whereas, the City Council of the City of Dubuque, Iowa has tentatively determined that the property is no longer required for public use, and that the sale of the property should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque intends to dispose of its interest in Lot 1 Clark's Sub 2 in the City of Dubuque, Iowa (966 Liberty St.), reserving easements of record. Section 2. The conveyance of Lot 1 Clark's Sub 2 in the City of Dubuque, Iowa (966 Liberty St.), subject to easements of record, to Roger and Ann Pickel be contingent upon the payment of $2,500, plus publication and filing fees. Section 3. 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 7th day of March, 2005, at 6:30 o'clock p.m. at the public library auditorium, 11th & Locust, Dubuque, Iowa. Passed, approved and adopted this 21st day of February, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Markham moved adoption of the Resolution and set public hearing for 3/7/05 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 Connors. Motion carried 6-0. Dubuque Industrial Center West - General Obligation Bond Issue: City Manager recommending that a public hearing be set for March 7, 2005 to consider the issuance of not to exceed $7,265,000 General Obligation Bonds to support grading and infrastructure improvements to the former Bergfeld farm property and other amenities in Bergfeld Recreation Area in the Dubuque Industrial Center Economic Development District, presented and read. Markham moved that the communication be received and filed. Seconded by Connors. Motion carried 6-0. RESOLUTION NO. 59-05 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $7,265,000 GENERAL OBLIGATION BONDS (FOR ESSENTIAL CORPORATE PURPOSES) OF DUBUQUE, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, it is deemed necessary and advisable that the City of Dubuque, Iowa, should issue General Obligation Bonds to the amount of not to exceed $7,265,000, as authorized by Section 403.12 of the City Code of Iowa, for the purpose of providing funds to pay costs of carrying out essential corporate purpose projects as hereinafter described; and WHEREAS, before said Bonds may be issued, it is necessary to comply with the provisions of said Code, and to publish a notice of the proposal to issue such Bonds and of the time and place of the meeting at which the Council proposes to take action for the issuance of the Bonds and the right to petition for an election and to receive oral and/or written objections from any resident or property owner of said City to such action. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council meet in the Council Chambers, City Hall, Dubuque, Iowa, at 6:30 o'clock P.M., on the 7th day of March, 2005, for the purpose of taking action on the matter of the issuance of not to exceed $7,265,000 General Obligation Bonds for essential corporate purposes of said City, the proceeds of which bonds will be used to provide funds to pay costs of aiding in the planning, undertaking and carrying out of urban renewal project activities under the authority of Chapter 403 of the Code of Iowa and the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District, including those costs associated with grading and construction of the former 152 acre Bergfeld farm property of said urban renewal area, the construction of street improvements to Regular Session, February 21, 2005 43 connect the east and west sections of Chavenelle Road and related water and sewer improvements to serve the developed areas and property to the north, the construction of public trails throughout the district, and retaining wall around the pond in the Bergfeld Recreation Area and the construction of other public amenities in the Bergfeld Recreation Area, including restrooms, fishing pier, play equipment and lighting improvements. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than ten clear days before the date of said public meeting on the issuance of said bonds. Section 3. The notice of the proposed action to issue said bonds shall be in substantially the following form: NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF DUBUQUE, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $7,265,000 GENERAL OBLIGATION BONDS (FOR ESSENTIAL CORPORATE PURPOSES) OF SAID CITY, AND THE HEARING ON THE ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the Council of the City of Dubuque, Iowa, will hold a public hearing on the ylh day of March, 2005, at 6:30 o'clock P.M., in the Auditorium, Carnegie- Stout Public Library, Dubuque, Iowa, at which meeting the Council proposes to take additional action for the issuance of not to exceed $7,265,000 General Obligation Bonds for essential corporate purposes of said City, in order to provide funds to pay costs of aiding in the planning, undertaking and carrying out of urban renewal project activities under the authority of Chapter 403 of the Code of Iowa and the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District, including those costs associated with grading and construction of the former 152 acre Bergfeld farm property of said urban renewal area, the construction of street improvements to connect the east and west sections of Chavenelle Road and related water and sewer improvements to serve the developed areas and property to the north, the construction of public trails throughout the district, and retaining wall around the pond in the Bergfeld Recreation Area and the construction of other public amenities in the Bergfeld Recreation Area, including restrooms, fishing pier, play equipment and lighting improvements. At the above meeting the Council shall receive oral or written objections from any resident or property owner of said City to the above action. After all objections have been received and considered, the Council will at this meeting or at any adjournment thereof, take additional action for the issuance of said Bonds or will abandon the proposal to issue said bonds. At any time before the date of said meeting, a petition, asking that the question of issuing such Bonds be submitted to the legal voters of said City, may be filed with the Clerk of said City in the manner provided by Section 362.4 of the City Code of Iowa, pursuant to the provisions of Sections 403.12 and 384.24(3)(q) of the City Code of Iowa. This notice is given by order of the Council of Dubuque, Iowa, as provided by Sections 403.12 and 384.24(3)(q) of the City Code of Iowa. Dated this 23rd day of February, 2005. Isl Jeanne F. Schneider City Clerk of Dubuque, Iowa (End of Notice) Passed and approved this 21st day of February, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk: Markham moved adoption of the Resolution with said hearing date to be 3nt05 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 Connors. Motion carried 6-0. Dubuque Star Brewery Building - General Obligation Bond Issue: City Manager recommending that a public hearing be set for March 7, 2005 to consider the issuance of not to exceed $1,150,000 General Obligation Bonds to support rehabilitation and redevelopment of the historic Dubuque Star Brewery Building, presented and read. Markham moved that the communication be received and filed. Seconded by Connors. Motion carried 6-0. RESOLUTION NO. 60-05 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $1,150,000 GENERAL OBLIGATION BONDS (FOR ESSENTIAL CORPORATE PURPOSES) OF DUBUQUE, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, it is deemed necessary and advisable that the City of Dubuque, Iowa, should issue General Obligation Bonds to the amount of not to exceed $1,150,000, as authorized by Section 403.12 of the Code of Iowa, for the purpose of providing funds to pay costs of carrying out essential corporate purpose projects as hereinafter described; and WHEREAS, before said Bonds may be issued, it is necessary to comply with the provisions of said Code, and to publish a notice of the proposal to issue such Bonds and of the time 44 Regular Session, February 21, 2005 and place of the meeting at which the Council proposes to take action for the issuance of the Bonds and the right to petition for an election and to receive oral andlor written objections from any resident or property owner of said City to such action. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section. 1. That this Council meet in the Council Chambers, City Hall, Dubuque, Iowa, at 6:30 o'clock P.M., on the 7th day of March, 2005, for the purpose of taking action on the matter of the issuance of not to exceed $1,150,000 General Obligation Bonds for essential corporate purposes of said City, the proceeds of which bonds will be used to provide funds to pay costs of aiding in the planning, undertaking and carrying out of urban renewal project activities under the authority of Chapter 403 of the Code of Iowa and the Urban Renewal Plan for the Greater Downtown Urban Renewal District, including those costs associated with the rehabilitation of the historic Dubuque Star Brewery Building and its redevelopment for retail commercial entertainment purposes, and the funding of grants to private developers for such purposes. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than ten clear days before the date of said public meeting on the issuance of said bonds. Section 3. The notice of the proposed action to issue said bonds shall be in substantially the following form: NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF DUBUQUE, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $1,150,000 GENERAL OBLIGATION BONDS (FOR ESSENTIAL CORPORATE PURPOSES) OF SAID CITY, AND THE HEARING ON THE ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the Council of the City of Dubuque, Iowa, will hold a public hearing on the ih day of March, 2005, at 6:30 o'clock P.M., in the Auditorium, Carnegie- Stout Public Library, Dubuque, Iowa, at which meeting the Council proposes to take additional action for the issuance of not to exceed $1,150,000 General Obligation Bonds for essential corporate purposes of said City, in order to provide funds to pay costs of aiding in the planning, undertaking and carrying out of urban renewal project activities under the authority of Chapter 403 of the Code of Iowa and the Urban Renewal Plan for the Greater Downtown Urban Renewal District, including those costs associated with the rehabilitation of the historic Dubuque Star Brewery Building and its redevelopment for retail commercial entertainment purposes, and the funding of grants to private developers for such purposes. At the above meeting the Council shall receive oral or written objections from any resident or property owner of said City to the above action. After all objections have been received and considered, the Council will at this meeting or at any adjournment thereof, take additional action for the issuance of said Bonds or will abandon the proposal to issue said bonds. At any time before the date of said meeting, a petition, asking that the question of issuing such Bonds be submitted to the legal voters of said City, may be filed with the Clerk of said City in the manner provided by Section 362.4 of the City Code 'of Iowa, pursuant to the provisions of Sections 403.12 and' 384.24(3)(q) of the City Code of Iowa. This notice is given by order of the Council of Dubuque, Iowa, as provided by Sections 403.12 and 384.24(3)(q) of the City Code of Iowa. Dated this 23rd day of February, 2005. Isl Jeanne F. Schneider City Clerk of Dubuque, Iowa (End of Notice) Passed, approved and adopted this 21st day of February, 2005. Terrance M. Duggan, Mayor Attest Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution with hearing date to be 317105 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 Connors. Motion carried 6-0. Stormwater Projects - General Obligation Bond Issue: City Manager recommending tnat a public hearing be set for March 7, 2005 to consider the issuance of not to exceed $1,750,000 in General Obligation Bonds to support stormwater projects included in the adopted Fiscal Year 2005 CIP budget, presented and read. Markham moved that the communication be received and filed. Seconded by Connors. Motion carried 6-0. RESOLUTION NO. 61-05 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $1,750,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF DUBUQUE, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, it is deemed necessary and advisable that the City of Dubuque, Iowa, should issue General Obligation Bonds to the amount of Regular Session, February 21, 2005 45 not to exceed $1,750,000, as authorized by Section 384.25, of the City Code of Iowa, for the purpose of providing funds to pay costs of carrying out an essential corporate purpose project as hereinafter described; and WHEREAS, before said bonds may be issued, it is necessary to comply with the provisions of said Code, and to publish a notice of the proposal to issue such bonds and of the time and place of the meeting at which the Council proposes to take action for the issuance of the bonds and to receive oral andlor written objections from any resident or property owner of said City to such action. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council meet in the Auditorium, Carnegie-Stout Public Library, Dubuque, Iowa, at 6:30 o'clock P.M., on the 7th day of March, 2005, for the purpose of taking action on the matter of the issuance of not to exceed $1,750,000 General Obligation Bonds for an essential corporate purpose of said City, the proceeds of which bonds will be used to provide funds to pay costs of the acquisition, construction, and installation of stormwater and storm sewer utility facilities and improvements, including the 32nd Street Detention Basin land acquisition, stormwater ditch remediation, NPDES compliance activities, and other storm sewer, stream bank and detention basin improvements. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four clear days nor more than twenty days before the date of said public meeting on the issuance of said bonds. Section 3. The notice of the proposed action to issue said bonds shall be in substantially the following form: NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF DUBUQUE, IOWA, ON THE MATIER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $1,750,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF SAID CITY, AND THE HEARING ON THE ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the Council of the City of Dubuque, Iowa, will hold a public hearing on the 7th day of March, 2005, at 6:30 o'clock P.M., in the Auditorium, Carnegie- Stout Public Library, Dubuque, Iowa, at which meeting the Council proposes to take additional action for the issuance of not to exceed $1,750,000 General Obligation Bonds for an essential corporate purpose of said City, in order to provide funds to pay costs of the acquisition, construction, and installation of stormwater and storm sewer utility facilities and improvements, including the 32nd Street Detention Basin land acquisition, stormwater ditch remediation, NPDES compliance activities, and other storm sewer, stream bank and detention basin improvements. At the above meeting the Council shall receive oral or written objections from any resident or property owner of said City, to the above action. After all objections have been received and considered, the Council will at this meeting or at any adjournment thereof, take additional action for the issuance of said bonds or will abandon the proposal to issue said bonds. This notice is given by order of the Council of Dubuque, Iowa, as provided by Section 384.25 of the City Code of Iowa. Dated this 23rd day of February, 2005. Isl Jeanne F. Schneider City Clerk of Dubuque, Iowa (End of Notice) Passed and approved this 21 st day of February, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution with hearing to be 3/7/05 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 Connors. Motion carried 6-0. Exterior Renovations - Carnegie Stout Public Library Project: City Manager recommending initiation of the pUblic bidding process for the Exterior Renovations - Carnegie Stout Public Library Project and that a public hearing on the plans and specifications be set for March 21, 2005, presented and read. Markham moved that the communication be received and filed. Seconded by Connors. Motion carried 6-0. RESOLUTION NO. 62-05 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 Exterior Renovations to the Carnegie-Stout Public Library in the estimated amount of $81,000 are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 21st day of February, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Markham moved adoption of the Resolution. Seconded by Connors. Motion carried 6-0. 46 Regular Session, February 21, 2005 RESOLUTION NO. 63-05 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 Exterior Renovations to the Carnegie- Stout Public Library. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a public hearing will be held on the 21st day of February, 2005, 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 21 sl day of February, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Markham moved adoption of the Resolution setting date of hearing on plans and specifications for 3/21/05 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 Connors. Motion carried 6-0. RESOLUTION NO. 64-05 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Exterior Renovation to the Carnegie- Stout Public Library 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 15th day of March, 2005. 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 21 st day of March, 2005. Passed, adopted and approved this 21 st day of February, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Markham moved adoption of the Resolution. Seconded by Connors. Motion carried 6-0. Marshall Park Rest Room Project: City Manager recommending initiation of the public bidding process for the Marshall Park Rest Room Project and that a public hearing on the plans and specifications be set for April, 4, 2005, presented and read. Markham moved that the communication be received and filed. Seconded by Connors. Motion ~rried 6-0. RESOLUTION NO. 65-05 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS 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 Marshall Park Rest Room Construction Project, in the estimated amount of $149,000, are hereby approved and ordered filed in the office of the City Clerk, for public inspection. Passed, approved and adopted this 21 st day of February, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution. Seconded by Connors. Motion carried 6-0. RESOLUTION NO. 66-05 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 Marshall Park Rest Room Construction Project. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, that on the 4th day of April, 2005, a public hearing will be held 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 Regular Session, February 21, 2005 47 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, approved and adopted this 21st day of February , 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution and set hearing for 4/4/05 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 Connors. Motion carried 6-0. RESOLUTION NO. 67-05 ORDERING BIDS BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Marshall Park Rest Room Construction 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 prior to the receipt of said bids at 2:00 p.m. on the 24th day of March, 2005. 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 4th day of April, 2005. Passed, approved and adopted this 21st day of February, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution. Seconded by Connors. Motion carried 6-0. BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Boards/Commissions: Community Development Advisory Com- mission (One 3-year term through 2/15/08 - term of Pregler); Applicants: Janice Craddieth; R.J. Sullivan. Ms. Craddieth spoke requesting consideration for appointment. Zoning Board of Adjustment (One unexpired 5- year term through 3/25/07 - term of Wm. Felderman): Applicant: William J. Gibbs. No one spoke. Appointments to the following Boards / Commissions: Community Development Advisory Commission (Three 3-year terms through 2/15/08 - terms of Oliver, Shaw and Pregler) Applicants: David Oliver, David Shaw. Michalski moved that David Oliver and David Shaw be reappointed to three year terms which will expire 2/15/08. Seconded by Nicholson. Motion carried 6-0. PUBLIC HEARINGS Nicholson moved to suspend the rules to allow anyone present to address the Council. Seconded by Connors. Motion carried 6-0. 1960 White Street - Request to Rezone: Proof of publication on notice of hearing to consider rezoning a 'portion of property located at 1960 White Street from R-3 Moderate Density Multi- Family Residential District to C-4 Downtown Commercial District to allow for a commercial garage/office as requested by Jeffrey Jaeger and Zoning Advisory Commission recommending denial, and communication from Jeffrey J. Jaeger withdrawing his rezoning request for property at 1960 White Street, presented and read. An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 1960 White Street from R-3 Moderate Density Multi-Family Residential District to C-4 Downtown Commercial District, presented and read. Upon motion this application was withdrawn. Buol moved to withdraw this matter. Seconded by Nicholson. Motion carried 6-0. 4616 Asbury Road - Request to Rezone: Proof of publication on notice of hearing to consider rezoning property located at 4616 Asbury Road from AG Agricultural District to C-3 General Commercial District as requested by Chuck Nauman/Maxine Roussel and Zoning Advisory Commission recommending approval and communication from Tim Quagliano regarding the proposed rezoning and access to the parcel of property to be rezoned, presented and read. An Ordinance amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 4616 Asbury Road from AG Agricultural District to C-3 General Commercial District, presented and read. Mayor Duggan turned the meeting over to the Mayor Pro-tem due to possible conflict of interest. Chuck Nauman, 800 Kane St., spoke requesting the adoption of the Ordinance. He 48 Regular Session, February 21, 2005 clarified the traffic patterns questioned by Mr. Quagliano. Maxine Roussel, 4616 Asbury Road, spoke in favor of the requested rezoning, stating that traffic had diminished since the Highway 20 - Dodge Street improvements were finished. Council Member Michalski questioned the access to this and other nearby developments in general, noting that other development is served by an access road. Buol moved to close the Public Hearing and table to the next meeting. Seconded by Nicholson. Motion carried 5-0. Mayor Duggan returned and took control of the meeting. Grandview-University, LLC Text Amendment: Proof of publication on notice of hearing to consider amending Section 3- 5.2(B)(1) of the Zoning Ordinance to allow pharmacies as a permitted use in the ID Institutional District as requested by Grandview- University, LLC and Zoning Advisory Commission recommending approval, presented and read. Buol moved that the proof and communication be received and filed. Seconded by Connors. Motion carried 6-0. An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by adding drug stores as a permitted use in the ID Institutional District, presented and read. OFFICIAL PUBLICATION ORDINANCE NO.4-OS AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORrnNANCES BY ADDING DRUG STORES AS A PERMITTED USE IN THE ID INSTITUTIONAL DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 3-5.2(B)(1) of the Code of Ordinances is hereby amended by adding drug stores as a permitted use in the ID Institutional District as follows: Additional Principal Permitted Uses for Medical Institutions. In addition to the principal permitted uses listed above, the following additional principal uses shall be permitted for medical institutions, but only in accordance with the limitations of 3-5.2(E) of this section. (1) Facilities and operations for the diagnosis, care and treatment of human health disorders, including examination or operating rooms, physical therapy or x-ray facilities, psychiatric treatment, convalescent care, and similar hospital-related uses, but not to include commercial uses or uses listed as conditional or accessory uses for this district. This provision shall include separate doctors' clinics, drugstores, or other medical facilities not owned or operated by the principal institution, but only where such facilities are functionally related to the institution and are included within the original institutional district boundaries or the approved preliminary development plan, as provided in 3- 5.2(E) of this section - [36]. 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 21 st day of February 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially In the Telegraph Herald newspaper this 28th day of February, 2005. Jeanne F. Schneider, City Clerk 1t 2/28 Buol 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 6-0. Buol moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 6-0. The Finley Hospital - Request to Rezone: Proof of publication on notice of hearing to consider rezoning property located at the southeast corner of University Avenue and Grandview Avenue and the southwest corner of West 5th and College Streets from R-2 Two- Family Residential District to ID Institutional District and Zoning Advisory Commission recommending approval, presented and read. Buol moved that the communication be received and filed. Seconded by Connors. Motion carried 6-0. John Knox, The Finley Hospital; Marty Johnson, Straka Johnson Architects, and Michael Berg, Dubuque Internal Medicine, spoke in support of the request and clarified various aspects of the proposed expansion. An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by providing for the amendment of Ordinances 35-93 and 59-00 by approving an amended conceptual development plan for The Finley Hospital ID Institutional District and reclassifying hereinafter described property located at the southeast corner of University and Grandview Avenues and the southwest corner of 5th and College Streets from R-2 Two Family Residential District to ID Institutional District, presented and read. Regular Session, February 21, 2005 49 OFFICIAL PUBLICATION ORDINANCE NO. 5-05 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY PROVlrnNG FOR THE AMENDMENT OF ORDINANCE 35-93 AND 59-00 BY APPROVING AN AMENDED CONCEPTUAL DEVELOPMENT PLAN FOR THE FINLEY HOSPITAL ID INSTITUTIONAL DISTRICT AND RECLASSIFYING HEREINAFTER DESCRI- BED PROPERTY LOCATED AT THE SOUTHEAST CORNER OF UNIVERSITY AND GRANDVIEW AVENUES AND THE SOUTH- WEST CORNER OF 5TH AND COLLEGE STREETS FROM R-2 TWO-FAMILY RESIDENTIAL DISTRICT TO ID INSTITUTIONAL 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 be amended by providing the amendment of Ordinance 53-93 and 59-00 by approving an amended Conceptual Development Plan for The Finley Hospital ID Institutional District and by reclassifying hereinafter described property as shown in Exhibit A, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa from R-2 Two-Family Residential District to ID Institutional District. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. A. Use Regulations The following regulations shall apply to all uses made of land in the above-described ID Institutional District: 1. Principal permitted uses shall be limited to the following: a) Hospitals [46] b) Outpatient care facilities [36] c) Office for administrative personnel or other institutional employees or affiliates. [14] d) Classroom, laboratories, lecture halls, auditoriums and similar places of institutional assembly. [45] e) Off-street parking and loading. [NA] f) Existing private uses or structures situated within an ID Institutional District for which the R- 3 District standards shall apply. [NA] g) Facilities and operations for the diagnosis, care and treatment of human health disorders, including examinations in operating rooms, physical therapy or x-ray facilities, psychiatric treatment, convalescent care and similar hospital-related uses. This provision shall include separate doctors' clinics, drug stores, and other medical facilities not owned or operated by the principal institution and included in the conceptual development plan. [36] 2. Accessory Uses. The following uses shall be permitted as accessory uses in the above- described ID Institutional District: 3. Restaurants or cafeterias, flower shops, gift shops and candy, cigar or magazine stands but only when operated or located entirely within a principal building. a) All uses customarily incidental to the principal permitted uses in conjunction with which such accessory use is operated or maintained, but not to include commercial uses outside the principal building. b) Accessory Uses. The following uses shall be permitted as accessory uses as provided in Section 4 of this Ordinance. 1. Restaurants and cafeterias, flower shops, gift shops, and candy, cigar, or magazine stands, but only when operated and located entirely within a principal building. 2. As an accessory use to a medical institution, and allocated entirely within a principal building, facilities for the compounding, dispensing, or sale of drugs or medicines, prosthetic devices, lotions and preparations, dental care supplies, eyewear, bandages or dressings, and similar medical or health-related supplies. 3. As an accessory use to an educational institution and located entirely within a principal building, bookstores, or bars seating not more than seventy-five (75) persons at one (1) time and located not closer than two hundred (200) feet from the nearest residential or office residential district. 4. All other uses customarily incidental to the principal permitted use in conjunction with which such accessory use is operated or maintained, but not to include commercial uses outside a principal building. 5. Group day care center. [8] B. Lot and Bulk Regulations Development of land in the ID Institutional District shall be regulated as follows: 1. All buildings, structures and activities shall be located in substantial conformance with the attached conceptual development plan and all final site development plans to be approved in accordance with the provisions of the ID Institutional District regulations as provided in the Zoning Ordinance of the City of Dubuque, Iowa. C. Site Development Standards 1. Final site development plans shall be submitted in accordance with Section4-4 of the Zoning Ordinance. 2. The landscaping and screening requirements shall be provided as established in Section 4-5 of the Zoning Ordinance. D. Additional Standards 50 Regular Session, February 21, 2005 1. The off-street parking requirement for the principal permitted uses for the herein described 10 Institutional District shall be shown on the attached amended conceptual development plan. 2. Signage permitted in this 10 Institutional District amendment shall be as follows: a) Ground Mount Monumental: 1. A 1 : 4'0" high brick - 40 square foot lettering 2. A2: 4'0" high brick - 20 square foot lettering 3. A3: 20'0" high - 100 square foot lettering with message center b) Wall Signage: 1. B1: Wall sign - 20 square foot wall lettering 2. B2: Wall sign - 20 square foot wall lettering 3. B3: Wall sign - 40 square foot wall lettering 4. B4-B7: Wall and logo sign - 50 square foot lettering c) Secondary Wall Signage: 1. C1-C7: Wall sign - 18 square foot lettering 2. Landscaping and parking lot screening per City Zoning Ordinance. 3. That all previously approved conceptual development plans are hereby amended to allow for the attached conceptual development plan. E. Time Limitation The conceptual development plan shall be valid for a period of five (5) years provided final site development plans are submitted within the five (5) year time frame. Extensions may be granted by the Zoning Advisory Commission at the request of The Finley Hospital. F. Transfer of Ownership Transfer of ownership or lease of property in this 10 Institutional District shall include the transfer of lease agreement a provision that the purchaser or lessee acknowledges awareness of the conditions authorizing the establishment of this district. Passed, approved and adopted this 21st day of February 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk ACCEPTANCE OF ORDINANCE NO. 5-05 I, John Knox, representing The Finley Hospital, having read the terms and conditions of the foregoing Ordinance No. 05 -05, and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 21 st day of February 2005. Is! John Knox Published officiallY in the Telegraph Herald newspaper this 28th day of February, 2005. Jeanne F. Schneider, City Clerk 1 t 2!28 Buol 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 6-0. Buol moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 6-0. Michalski moved that the rules be reinstated limiting discussion to the Council. Seconded by Nicholson. Motion carried 6-0. ACTION ITEMS All-America Professional Basketball League - Contract: Letter from SMG requesting withdrawal of this item; City Manager recommending approval of a contract with the All-America Professional Basketball League to use the Five Flags Center; Communication from James E. Goodman, Jr., Dubuque Youth Hockey Association, requesting to address the City Council regarding the proposed basketball league; Verbal request of Randy Lund to address the Council regarding the proposed basketball league; Communication from Ben Roth to address the Council regarding the proposed basketball contract; Communications from Mark Stevenson, Darin Harmon, Jill Leach, Chrissie Pluemer, and Tony Theisen in opposition to the proposed basketball league, presented and read. Buol moved that the communications be received and filed and that the item be withdrawn. Seconded by Nicholson. Motion carried 6-0. No Parking Designation - Alley Behind Courthouse: City Manager recommending approval of the restriction of parking in the 700 block of the alley between Central Avenue and White Street, as requested by the Dubuque County Board of Supervisors, presented and read. Buol moved that the communication be received and filed. Seconded by Connors. Motion carried 6-0. 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 the alley between Central Avenue and White. Street from Seventh Street to Eighth Street, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 6-05 AN ORDINANCE AMENDING SECTION 32- 262(d) OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, PROHIBITING PARKING ON DESIGNATED Regular Session, February 21, 2005 51 STREETS OR PORTIONS THEREOF BY ADDING THE ALLEY BETWEEN CENTRAL AVENUE AND WHITE STREET FROM SEVENTH STREET TO EIGHTH 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: Alley, both sides, between Central Avenue and White Street from Seventh Street to Eighth Street Passed, approved and adopted this 21s1 day of February, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald newspaper this 28th day of February, 2005. Jeanne F. Schneider, City Clerk 1 t 2/28 Buol 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 6-0. Buol moved final consideration and passage of the Ordinance. Seconded by Markham. Motion carried 6-0. PUBLIC INPUT Ken Nye requested City assistance for getting the word out about listing the names of Veterans who worked at the Dubuque Packing Co. at the Hormel Museum in Minnesota. At 7:35 Buol moved to go into Closed Session re: Property Acquisition - Chapter 21.5(1)0) 2005 Code of Iowa. Seconded by Connors. Motion carried 6-0. At 7:56 Council reconvened regular special session stating that Staff had been given proper direction. There being no further business, Buol moved to adjourn. Seconded by Connors. Motion carried 6-0. The meeting adjourned at 7:57 P.M. /s/ Jeanne F. Schneider, CMC City Clerk 1t 3/2 Approved: 'l27 ~ 2005 Adopted ~~ OL./ 2005 ~~ -t; ','\ ., \ ,1 , .....,.J (L 1~~f2'I''''.Avv' \ . /) (J' ~~fd1iUI-. U 0 [{ ';;"1 c: /; ~KJ L;, l~lL 'vLdO &~(lt~L / . tJ!,L! . 1 Council Members ~~~ ty Clerk 52 Special Session, February 22, 2005 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, February 22, 2005 Council met in Special Session at 6:30 P.M. in the Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Connors, Markham, Michalski, Nicholson, City Manager Van Milligen Mayor Duggan read the call and stated this is a special session of the City Council called for the purpose of discussing various City departmental budgets. The budgets for the following City Departments were discussed: Water Department, Water Pollution Control Plant, Public Works Department; and Engineering Department. Water Department: Markham questioned what the City's policy was regarding a break in the lateral sewer pipe. It was explained that the property owner is responsible for both the lateral and water main from the connection to the main into the home. Public Works Department: Connors expressed appreciation to the Public Works Department on the handling of refuse and recyclables during the Grand Excursion event. City Manager Van Milligen explained that he was now recommending funding of hanging flower baskets on the Riverwalk in the Port of Dubuque, including hardware, equipment and flower baskets ($13,960) and labor for maintenance of the hanging flower baskets ($3,290). This decision package would be funded from additional property tax revenue for Fiscal Year 2006 due to the recently approved annexation. Engineering Department: Cline questioned whether the proposed Project Engineer position should be in the City Manager's Office versus Engineering Department. The reasoning for this position being a part of the Engineering Department was explained. Markham questioned if the conduiVsignalization on the Northwest Arterial would be similar to Highway 20 and it was explained that centralized controllers were being looked at. Michalski expressed concern that the decision package to provide training on the Americas Disability Act (ADA) compliance and regulations was not funded. She requElsted that part of the funds for increased compensation for the Mayor and City Council ($3,500) be used for funding of this decision package. Buol questioned how streets were chosen for the street program and it was explained that the streets were chosen on a complaint driven basis along with surveying. There being no further business, Connors moved to adjourn. Seconded by Markham. Motion carried 7-0. The meeting adjourned at 8:01 p.m. Isl Jeanne F. Schneider, CMC City Clerk 1t 3/2 Special Session, February 24, 2005 53 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, February 24, 2005 Council met in Special Session at 6:30 P.M. in the Library Auditorium Present: Mayor Duggan, Council Members Suol, Cline, Connors, Markham, Michalski, Nicholson, City Manager Van MiIIigen Mayor Duggan read the call and stated this is a special session of the City Council called for the purpose of discussing various City departmental budgets. The budgets for the following City Departments were discussed: Five Flags Civic Center, Recreation Division, Park Division, Information Services Department and Cable TV Division. Civic Center: Leisure Services Manager GiI Spence and SMG Interim Manager Les Crooks provided the Council with an overview of activities and planned renovations at the Center. Recreation Division: Recreation Division Manager Pat Prevenas provided an update on the various improvements planned for Bunker Hill Golf Course and emphasized that the course will remain open throughout the construction period. Information Services Department: Markham questioned whether the City had a reliable disaster recovery system in place and Information Services Manager Chris Kohlmann explained the City's process. Michalski thanked the Information Services Department staff for the user support they provided. Cable TV Division: In response to question from Buol, Cable Franchise Administrator Merrill Crawford explained that the City has no control over cost or program content with regard to what Mediacom would offer in a basic package. There being no further business, Connors moved to adjoum. Seconded by Markham. Motion carried 7-0. The meeting adjourned at 8:21 p.m. /sl Jeanne F. Schneider, CMC City Clerk 1t 3/2 Approved: 2005 2005 ? ~ ~ ;Wel.'" / ~ ~ 54 Special Session, February 28, 2005 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, February 28, 2005 Council met in Special Session at 6:30 P.M. in the Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Connors, Markham, Michalski, Nicholson; City Manager Van Milligen Mayor Duggan read the call and stated this is a special session of the City Council called for the purpose of discussing various City departmental budgets and conducting a public hearing on the CDBG Fiscal Year 2006 Annual Action Plan. The budgets for the following City departments were discussed: Economic Development Department, Parking Division, Transit Division, Library Department, and Housing and Community Development Department. Parking Division: Duggan requested that during inclement weather tickets issued at the Airport be inserted into plastic wraps. Connors also commented that debit/swipe cards should be looked at for parking ramps. Michalski questioned whether the low occupancy rate in the Fourth Street Ramp was due to the flat fee schedule. Transit Division: Duggan expressed concern with the projected increase for trolley ridership. Housing and Community Development Department: A public hearing was held on the Fiscal Year 2006 (Program Year 2005) Community Development Block Grant Annual Action Plan and no comments were received. The remainder of the Housing Services Department budget was then presented. Staff was commended for their involvement at the federal level to retain funding for the Community Development Block Grant Program. There being no further business, Markham moved to adjourn. Seconded by Michalski. Motion carried 7-0. The meeting adjourned at 7:45 p.m. Isl Jeanne F. Schneider, CMC City Clerk 1t 3/9 Approved: ~ 2005 2005 rLrJ ~~/~~ . y Clerk .