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Council Official Proceedings 2 6 06 25 Regular Session, February 6, 2006 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, February 6, 2006 Council met at 6:30 P.M. in the Public Library Auditorium Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski, City Manager Van Milligen, Corporation Counsel Lindahl Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of discussing such matters which may properly come before the Council. Invocation was given by President Ken Daughters, Emmaus Bible College. Proclamation: Parent Leadership Month (February 2006) received by Julie Woodyard. CONSENT ITEMS Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 11/29; City Council of 1/12, 1/17 and 1/30; Civil Service Commission of 12/16; Environmental Stewardship Advisory Commission of 1/3; Historic Preservation Commission of 1/19. Housing Commission of 11/22; Human Right~ Commission of 12/12; Investment Oversight Advisory Commission of 1/25; Library Board of 12/15; Long Range Planning Advisory Commission of 1/18; Mechanical Code Board of 10/6; Park and Recreation Commission of 1/10. Zoning Board of Adjustment of 1/26, presented and read. Jones moved that the minutes be received and filed. Seconded by Connors. Motion carried 7-0. Investment Oversight Advisory Commission submitting the 51" Quarterly Report, presented and read. Jones moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. Substance Abuse Services Center Second Quarter Report for Fiscal Year 2006, presented and read. Jones moved that the communication be received and fiied. Seconded by Connors. Motion carried 7-0. Library Board of Trustees Update from Meeting of January 26, 2006, presented and read. Jones moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. Proofs of pUblication of City Council Proceedings of 12/5, 1/3, 1/12 and 1/17; Proofs of publication of List of Claims and Summary of Revenues for months ending November 30, 2005 and December 31, 2005, presented and read. Jones moved that the proofs be received and filed. Seconded by Connors. Motion carried 7-0. Notice of Claims/Suits: Stacey Duster for vehicle damage; Vincent and Marjorie Erhart for property damage; Jerry Grutz for property damage; Maureen Schulz for personal injury; Donald Stumpf for personal injury; Paul J. Uhlrich for vehicle damage; Union Insurance Company for property damage; Wells Fargo Bank Minnesota vs City of Dubuque, et ai, presented and read. Jones moved that the communications be received and filed and referred to the Ctty Attorney for investigation and report. Seconded by Connors. Motion carried 7- o. 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: Bernice Breitfelder for property damage; Mary V. Kearney for personal injury; Stacey Duster for vehicle damage, presented and read. Jones moved that the communications be received and filed and concurred. Seconded by Connors. Motion carried 7-0. Corporation Counsel recommending settle- ment of the claim of Vincent and Ma~orie Erhart for property damage and the claim of Paul Uhlrich for vehicle damage and direct the Finance Department to issue payment, presented and read. Jones moved that the communications be received and filed and concurred and Finance Department to issue payment. Seconded by Connors. Motion carried 7-0. Corporation Counsel recommending denial of the claim of Jesse Rans for property damage, presented and read. Jones moved that the communication be received and filed and concurred. Seconded by Connors. Motion carried 7-0. Corporation Counsel recommending that the claim of Jerry Grutz for property damage be referred to the Control Board of the Dubuque Drug Task Force, presented and read. Jones moved that the communication be received and filed and concurred. Seconded by Connors. Motion carried 7-0. 26 Regular Session, February 6, 2006 Governor's Traffic Safety Grant: City Manager recommending approvai of the submission of a Governor's Traffic Safety Grant application for special traffic enforcement from April 1, 2006 to September 30, 2006, presented and read. Jones moved that the communication be received and filed and approved recommendation. Seconded by Connors. Motion carried 7-0. Synergy Court Construction Project: City Manager recommending acceptance of the Synergy Court Construction Project as completed by Top Grade Excavating, Inc., in the final contract amount of $410,342.13, presented and read. Jones moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 30-06 ACCEPTING THE SYNERGY COURT DICW - STREET AND UTILITIES CONSTRUCTION PROJECT Whereas, the contract for the Synergy Court DICW - Street and Utilities Construction Project (the Project) has been completed and the City Manager has examined the work and filed a certificate stating that the Project has been completed according to the terms of the contract, plans and specifications and that the City Manager recommends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Manager is approved and the Project is hereby accepted. Section 2. The City Treasurer is hereby directed to pay to the contractor from the Dubuque Industrial Center West (DICW) Funds (CIP 3601481) appropriation for the contract amount of $410,342.13 less any retained percentage provided for therein as provided in Iowa Code Chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code Chapter 573. Passed, approved and adopted this 61h day of February, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Jones moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 31-06 FINAL ESTIMATE Whereas, the construction contract for the Synergy Court DICW - Street and Utilities Construction 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 $449,677.12 and the said amount shall be paid from the DUbuque Industrial Center West (DICW) Funds (CIP 3601481). Passed, approved and adopted this 6th day of February, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider. CMC, City Clerk Jones moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Sixth Street, Seventh Street and Washington Park Reconstruction/Renovation Project: City Manager recommending acceptance of the Sixth Street, Seventh Street and Washington Park Reconstruction / Renovation Project as completed by Portzen Construction in the final contract amount of $786,666.02, presented and, read. Jones moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 32-06 ACCEPTING THE 6TH & 7TH STREET RECONSTRUCTION AND THE WASHINGTON PARK RENOVATION PROJECT Whereas, the contract for the 6th & 7th Street Reconstruction and the Washington Park Renovation Project (the Project) has been compieted and the City Manager has examined the work and filed a certificate stating that the Project has been completed according to the terms of the contract, plans and specifications and that the City Manager recommends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. The recommendation of the City Manager is approved and the Project is hereby accepted. Section 2. The City Treasurer is hereby directed to pay to the contractor from the Fiscal Year 2005 Street Construction Fund, Fiscal Year 200512006 Washington Park Sidewalks, Fiscal Year 2006 Washington Park Renovation, Fiscal Year 2006 Water Main Replacement Fund, Fiscal Year 2006 Storm Sewer Improvement Fund, Fiscal Year 2006 Street Program Related Sanitary Sewer improvements, Fiscal Year 2006 Fiber Optic Conduit - Paving Projects, Fiscal Year 2006 Signalization Program and the cost share on behalf of the Dubuque Museum of Art for brick paver replacement for the contract amount of $786,666.02 less any retained percentage provided for therein as provided in Iowa Code Chapter 573. and to pay such Regular Session, February 6, 2006 27 retainage only in accordance with the provisions of Iowa Code Chapter 573. Passed, approved and adopted this 6th day of February, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Jones moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 33-06 FINAL ESTIMATE Whereas, the construction contract for the 6th & 7th Street Reconstruction and the Washington Park Renovation 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 $833,944.27 and the said amount shall be paid from the Fiscal Year 2005 Street Construction Fund, Fiscal Year 200512006 Washington Park Sidewalks, Fiscal Year 2006 Washington Park Renovation, Fiscal Year 2006 Water Main Replacement Fund, Fiscal Year 2006 Storm Sewer Improvement Fund, Fiscal Year 2006 Street Program Related Sanitary Sewer Improvements, Fiscal Year 2006 Fiber Optic Conduit - Paving Projects, Fiscal Year 2006 Signalization Program and cost share on behalf of the Dubuque Museum of Art for brick paver replacement. Passed, approved and adopted this 6th day of February, 2006, Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Jones moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0, Eagle Street and Lindberg Terrace Sanitary Sewer Reconstruction Project: City Manager recommending acceptance of the Eagle Street and Lindberg Terrace Sanitary Sewer Reconstruction Project as completed by McDermott Excavating in the final contract amount of $55,270,02, presented and read. Jones moved that the communication be received and fiied. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 34-06 ACCEPTING THE LINDBERG TERRACE AND EAGLE STREET SANITARY SEWER RECONSTRUCTION PROJECT Whereas, the contract for the Lindberg Terrace and Eagie Street Sanitary Sewer Reconstruction Project (the Project) has been completed and the City Manager has examined the work and filed a certificate stating that the Project has been completed according to the terms of the contract, plans and specifications and that the City Manager recommends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Manager is approved and the Project is hereby accepted. Section 2. The City Treasurer is hereby directed to pay to the contractor from the Fiscal Year 2006 Sanitary Sewer Construction Fund appropriation for the contract amount of $55,270.02 less any retained percentage provided for therein as provided in Iowa Code Chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code Chapter 573, Passed, approved and adopted this 6th day of February, 2006, Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Jones moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0, RESOLUTION NO. 35-06 FINAL ESTIMATE Whereas, the construction contract for the Lindberg Terrace and Eagle Street Sanitary Sewer Reconstruction Project, has been compieted 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 $64,417.35 and the said amount shall be paid from the Fiscal Year 2006 Sanitary Sewer Construction Fund of the City of Dubuque, Iowa, Passed, approved and adopted this 6th day of February, 2006, Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Jones moved adoption of the Resolution. Seconded by Connors, Motion carried 7-0. Mediacom: Communication from Kathleen McMullen, Area Manager of Mediacom, advising of channel changes to be effective February 20, 2006, presented and read. Jones moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. Fiscal Year 2006 Annual Action Plan - Amendment #3: Cijy Manager recommending approval of Amendment #3 to the Fiscal Year 2006 Annual Action Plan for expansion of the Historic Preservation Homeowner Grant 28 Regular Session, February 6, 2006 Program to include non-profit organizations providing residential faciiities to HUD income- eligible tenants and communication from the Historic Preservation Commission recom- mending approval of a proposed change to the Historic Preservation Homeowner Grant Program to include non-profit organizations providing residential facilities to HUD income- eligible tenants and to estabiish the Historic Preservation Housing Grant Program, presented and read. Jones moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 36-06 RESOLUTION APPROVING THE FISCAL YEAR 2006 (PROGRAM YEAR 2005) ANNUAL PLAN - AMENDMENT 3 FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS. Whereas, the City of Dubuque prepared and filed a Fiscal Year 2006 Annual Action Plan; and Whereas, the City of Dubuque now desires to amend said FY 2006 Annual Action Pian by expanding the eiigible appiicants for the Historic Preservation Homeowner Grant Program, 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 Councii after a pUblic hearing by the Community Development Advisory Commission; and Whereas, the City advertised the public comment period beginning December 8, 2005; and Whereas, the Community Development Advisory Commission reviewed the proposed amendment at a public hearing on January 11, 2006, 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 said Fiscal Year 2006 (Program Year 2005) Annual Plan - Amendment 3 as shown in the attached Exhibit A is hereby approved. Section 2. 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 6th day of February, 2006. Roy D. Buol, Mayor Attest: Jeanne F: Schneider, City Clerk Jones moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Dubuque Area Chamber of Commerce: Communication from Steward Sandstrom, President and CEO of the Dubuque Area Chamber of Commerce, regarding the River Pointe Condominium Project, presented and read. Jones moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. East Central Intergovernmental Association: Communication from Kelley Hutton Deutmeyer, East Central Intergovernmental Association, regarding the Keyline transfer I drop off location at the Dubuque Kennedy Mall, presented and read. Jones moved that the communication be received and filed and referred to the City Manager. Seconded by Connors. Motion carried 7-0. Downtown Dubuque Design Guidelines: City Manager recommending approval of a Historic Resource Development Program (HRDP) Grant Application in the amount of $13,000 for phase one of development of the Downtown Dubuque Design Guidelines Manual, a goal of the 2004 Downtown Dubuque Master Plan, presented and read. Jones moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 37-06 RESOLUTION APPROVING THE SUBMITTAL OF AN APPLICATION FOR HISTORIC RESOURCE DEVELOPMENT PROGRAM (HRDP) GRANT FUNDS TO THE STATE HISTORICAL SOCIETY OF IOWA FOR DOWNTOWN DUBUQUE DESIGN GUIDELINES: PHASE 1 (STREETSCAPE I LANDSCAPE GUIDELINES) Whereas, the State Historical Society of Iowa has Historic Resource Development Program (HRDP) grant funds available for the preservation and interpretation of Iowa's historic and cultural resources; and Whereas, the City of Dubuque has an adopted Comprehensive Plan with goals and objectives for the preservation and interpretation of the community's historic and cultural resources; and Whereas, the City of Dubuque has adopted the Downtown Dubuque Master Plan and implementation of the plan includes the creation of design guidelines for the downtown. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Planning Services Manager is authorized to sign and submit this application to the State Historical Society of Iowa for HRDP Funds for the Downtown Dubuque Design Guidelines: Phase 1 (Streetscape/Landscape Guideiines). Section 2. That the City of Dubuque agrees to abide by all local, state and federal requirements applicable to the proposed budget. Regular Session, February 6, 2006 29 Passed, approved and adopted this 6th day of February 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Cierk Jones moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. White Water Creek Bridge: City Manager recommending approval of a new site for the White Water Creek Bridge at the Bergfeld Recreation Area, presented and read. Jones moved that the communication be received and filed and approved recommendation. Seconded by Connors. Motion carried 7-0. Citizen Communication: Communication from Sister Margaret Ann Willging regarding the possibility of a Wal-Mart at the site of the former meat packing plant, presented and read. Jones moved that the communication be received and fiied. Seconded by Connors. Motion carried 7- O. Comprehensive Plan Update: Communication from the Long Range Planning Advisory Commission submitting the proposed schedule for the 2006 update of the Dubuque Comprehensive Plan, presented and read. Jones moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. Request for Proposals (RFP) for Professional Auditing Services: City Manager recommending approval of the issuance of a Request for Proposals for professional auditing services for fiscal years ending June 30, 2006 through June 30, 2010, presented and read. Jones moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. U.S. Department of Housing and Urban Development: Communication from the U.S. Department of Housing and Urban Development (HUD) advising that the City's Fiscal Year 2006 allocation for the Community Development Block Grant Program is $1,256,479, presented and read. Jones moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. National League of Cities Legal Defense: City Manager recommending approval of the contribution of $198 to the National League of Cities (NLC) Legal Defense Fund, presented and read. Jones moved that the communication be received and filed and approved recommendation. Seconded by Connors. Motion carried 7-0. Ice Harbor Marina Grant: City Manager recommending approval of a revised project scope for the Iowa Department of Natural Resources (IDNR) Boating Infrastructure Grant for the Ice Harbor Marina Project to provide for the construction of eight transient slips in the Ice Harbor, presented and read. Jones moved that the communication be received and filed and approved recommendation. Seconded by Connors. Motion carried 7-0. Long Range Planning Advisory Commission: Communication from the Long Range Planning Advisory Commission recognizing the commitment of the Envision 2010 Steering Committee, the sponsors, and the many volunteers for their efforts to successfully engage citizens in the community visioning process, presented and read. Jones moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. Job Access Contract: City Manager recommending approval of a contract with A-OK Yellow Cab Company for the purpose of providing evening, weekend, and peak time transportation service to Area Residential Care using Job Access Reverse Commute (JARC) funding, presented and read. Michalski moved that the communication be received and filed and approved recommendation. Seconded by Cline. Motion carried 7-0. Railroad Revolving Loan and Grant Program: City Manager recommending approvai of an application in the amount of $750,000 to the Iowa Department of Transportation for the construction of a railroad lead line and spur in the Dubuque Industrial Center West, presented and read. Jones moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 38-06 RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION TO THE IOWA DEPARTMENT OF TRANSPORTATION Whereas, the City Council of Dubuque, Iowa has identified the construction of a rail lead line and spur in the Dubuque Industrial Center West as a top priority, and Whereas, the Iowa Department of Transportation has funding available through the Railroad Revolving Loan and Grant Program to assist with Industrial rail projects and, Whereas, an application has been prepared for Railroad Revolving Loan and Grant Program funding in the amount of $750,000. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the submittal of an application for a $400,000 grant and a $350,000 loan from the Railroad Revolving Loan and Grant Program 30 Regular Session, February 6, 2006 to fund the Dubuque Industrial Center West rail lead line and spur project is hereby approved. Section 2. That the Mayor is hereby authorized to execute, and the City Manager is hereby directed to submit said application to the Iowa Department of Transportation, together with other attachments as may be required. Passed, approved, and adopted this 6th day of February. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Jones moved adoption of the Resoiution. Seconded by Connors. Motion carried 7-0. 409 Burch Street (Tabled on January 3, 2006): City Manager submitting an update on the property located at 409 Burch Street and recommending that due to the weather this item be re-tabled to May 15, 2006, presented and read. Jones moved to receive and file the communication and table to the 5/15/06 meeting. Seconded by Connors. Motion carried 7-0. International Institute of Municipal Clerks: Notification from the International Institute of Municipal Clerks that City Clerk Jeanne Schneider has been recertified through 2009, presented and read. Jones moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. Tobacco Compliance - Civil Penalties for Tobacco Permit Holders: City Manager recommending acceptance and approval of AcknowledgemenVSettlement Agreements for Econofoods, Dempsey's and Molly's Pub, Kwik Stop, and Puff-N-Snuff and assessment of a $300 penalty for 1heir first tobacco compliance violations and acceptance of the Acknowledgement / Settlement Agreements for Ron's Discount Smokes and Hartig Drug Company and assessment of a $1,500 penalty for their second tobacco compliance violations, presented and read. Jones moved that the communication be received and filed and approved recommendation. Seconded by Connors. Motion carried 7-0. PEG Access Capital Grant Expenditure: City Manager recommending approval for funding in the amount of $36,800 for the Capital Grant for Access Equipment and Facilities, presented and read. Jones moved that the communication be received and fiied and approved recommendation. Seconded by Connors. Motion carried 7-0. Franchise Fee Amicus Brief: Corporation Counsel recommending approval of the expenditure of approximately $3,000 for preparation of an amicus brief to the Iowa Supreme Court on behalf of the cities in Iowa with franchise fees, presented and read. Jones moved that the communication be received and filed and approved recommendation. Seconded by Connors. Motion carried 7-0. Alcoholic Beverages Division: Communication from Lynn M. Walding, Administrator of the Alcoholic Beverages Division, advising that they have denied the liquor license application for the Water Hole, presented and read. Jones moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. Justice Assistance Grant: City Manager recommending approval of the submission of the 2006 Justice Assistance Grant (JAG) application to the U.S. Department of Justice Programs in the amount of $29,008, presented and read. Jones moved that the communication be received and filed and approved recommendation. Seconded by Connors. Motion carried 7-0. Request for Extension - Vision Iowa: City Manager submitting a letter to the Vision Iowa Board providing an update on several projects and requesting an extension on three projects, presented and. read. Jones moved that the communication be received and filed and approved letter. Seconded by Connors. Motion carried 7-0. 2006 State Legislative Issues: City Manager recommending approval of an amendment to the 2006 State Legislative Issues to include language requesting that the Code of Iowa be amended to clarify that a franchise fee may be based on the gross revenue from the sale of the utility's product and that the fees that have been collected under franchise agreements were legal, presented and read. Jones moved that the communication be received and filed and approved recommendation. Seconded by Connors. Motion carried 7-0. Quarterly Investment Report: City Manager submitting the December 31, 2005 Quarterly Investment Report, presented and read. Jones moved that the communication be received and filed. Seconded by Connors. Motion carried 7- O. University Avenue Embankment Failure: City Manager approval to request consideration for Federal Emergency Relief Funding to complete permanent repair work for the University Avenue Embankment Failure project, presented and read. Jones moved that the communication be received and filed and approved recommendation. Seconded by Connors. Motion carried 7-0. 31 Regular Session, February 6, 2006 Residential Parking Permit District - West 16'h Street / Catherine Street: City Manager recommending that a request to add West 16'h Street and Catherine Street to Residential Parking Permit Disttict "G" be denied, presented and read. Jones moved that the communication be received and filed and approved recommendation. Seconded by Connors. Motion carried 7-0. U.S. Department of Housing and Urban Development: Communication from the Department of Housing and Urban Development regarding the City's recent audit report, presented and read. Jones moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. 3-M Development, Ltd.: Communication from David L. Clemens, representing 3-M Development, Ltd., requesting that the City Council's action to deiay the development of the Dubuque Brewing and Malting Company Building be rescinded immediately, presented and read. Jones moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. Dubuque Comprehensive Plan: Communication from Lou Oswald regarding the Dubuque Comprehensive Plan, presented and read. Jones moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. ConAgra Foods: City Manager recommending approval of a request from ConAgra Foods to construct a third storage tank on property leased from the City subject to two conditions, presented and read. Jones moved that the communication be received and filed and approved recommendation. Seconded by Connors. Motion carried 7-0. National Community Development Association Conference: Communication from Housing and Community Development Director David Hartis that Aggie Tauke attended the National Community Development Association (NCDA) Winter Conference, presented and read. Jones moved that the communication be received and filed. Seconded by Connors. Motion carried 7- O. Dubuque County Histotical Society: City Manager submitting a letter to Jerry Enzler, Dubuque County Historical Society, in support of an application to the Iowa Department of Cultural Affairs, presented and read. Jones moved that the communication be received and filed. Seconded by Connors. Motion carried 7- O. Business Licenses: RESOLUTION NO. 39-06 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved: and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permi!. CLASS "C. BEER PERMIT Hartig Drug Company Hartig Drug # 4+ (Sunday Sale) 2225 Central Hy-Vee Inc Hy-Vee # 2+ (Sunday Sale) 2395 NW Arterial Nash Finch Company Econo Foods # 471 + (Sunday Sale) 3355 JFK Rd Lee W. Potter Sr Lee's 76M1est Locust Mart+ (Sunday Sale) 408 W. Locust Hill Street Plaza Inc. Oky Doky # 8+ (Sunday Sale) 535 Hill St Passed, approved and adopted this 6th day of February, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Jones moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 40-06 Wihereas, 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 authotized to cause to be issued the following named applicants a Liquor License. CLASS "C. BEER/LIQUOR LICENSE The Apartment, L TD Dubuque Mining + (Sunday/Outdoor Sale) 555 JFK Rd Hammerheads, Inc Hammerheads Bar/Billiards+(Sunday Sale) 2095 Kerper Blvd James Goetz's Goetz's+ (Sunday Sale) 2776 Jackson St Charles Steffen Tony's Place+ (Sunday Sale) 1701 Central Ave Pusateri Enterptises Pusateris+ (Sunday Sale) 2400 Central Av 32 Regular Session, February 6, 2006 CLASS "B" WINE Nash Finch Company Econo Foods # 471 3355 JFK Rd Hartig Drug Company Hartig Drug # 4 2225 Central Av Hy-Vee Inc Hy-Vee # 2 2395 NW Arterial CLASS "B" NATIVE WINE Hy-Vee, Jnc Hy-Vee Gas # 2 2435 NW Arterial Passed, approved and adopted this 6th day of February, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Jones moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. ITEM TO BE SET FOR PUBLIC HEARING Fiscal Year 2007 Operating Budget: City Manager recommending that a public hearing be set for Thursday, March 2, 2006 to consider adoption of the Fiscal Year 2007 Operating Budget and Capital improvement Program, presented and read. Jones moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO, 41-06 SETTING THE DATE FOR THE PUBLIC HEARING ON THE FISCAL YEAR 2007 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 2007 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 2007 budget for the City of Dubuque at the Carnegie Stout Public Library Auditorium, 360 West 11th Street, Dubuque, Iowa, on Thursday, March 2, 2006, 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, according to law, together with the required budget information. Passed, approved and adopted this 6th day of February, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution setting Public Hearing for 312/06 at a meeting to commence at 6:30 P.M. in the public library auditorium and that the City Clerk publish notice in the manner required by law. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 42-06 SETTING THE DATE FOR THE PUBLIC HEARING ON THE FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEARS 2007 THROUGH 2011 FOR THE CITY OF DUBUQUE Whereas, a proposed Five-Year Capital Improvement Program for the City of Dubuque for Fiscal Years 2007 through 2011 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 2007 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 2007 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 2007 through 2011 at the Carnegie Stout Public Library Auditorium, 360 West 11th Street, Dubuque, Iowa, on Thursday, March 2, 2006, 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 6th day of February, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution setting Public Hearing for 312106 at a meeting to commence at 6:30 P.M. in the public library auditorium and that the City Clerk publish notice in the manner required by law. Seconded by Cline. Motion carried 7-0. BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Commission: Airport Commission (One four-year term through 9/14/10) Applicants: Charles Dauod, J.K. Hanson III, Dan Nicholson Charles Dauod spoke requesting consideration for appointment. PUBLIC HEARINGS Michalski moved that the rules be suspended to allow anyone present to address the Council. Seconded by Cline. Motion carried 7-0. Garfield Place Urban Revitalization Area: Proof of publication on notice of hearing to consider approval of an amended and restated Regular Session, February 6, 2006 33 Garfield Place Urban Revitalization Area to add two adjoining lots for a proposed 12-room single-room occupancy facility at 601 Garfield Avenue and to extend the duration of the plan and City Manager recommending approval, presented and read. Connors moved that the proof and communication be received and filed. Seconded by Lynch. Motion carried 7-0. Communication from the Long Range Planning Advisory Commission recommending expansion of the Garfield Place Urban Revitalization District, presented and read. Connors moved that the communication be received and filed. Seconded by Lynch. Motion carried 7-0. Request of Ted Stackis that his property at 525/527 Garfield not be included in the Urban Revitalization Area, presented and read. Connors moved that the communication be received and filed. Seconded by Lynch. Motion carried 7-0. An Ordinance Establishing the Amended and Restated Garfield Place Urban Revitalization Area as an Urban Revitalization Area pursuant to Chapter 404 of the Code of Iowa, presented and read. Michalski moved to table action on this Ordinance, and create a new Ordinance. Seconded by Cline. Motion carried 7-0. Dubuque County Historical Society Lease Agreement: Proof of publication on notice of hearing to consider disposing of real property by lease to the Dubuque County Historical Society and City Manager recommending approval, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. Jerry Enzler of the National Mississippi River Museum spoke in appreciation of this action. RESOLUTION NO. 43-06 RESOLUTION DISPOSING OF AN INTEREST IN REAL PROPERTY BY LEASE AGREEMENT TO THE DUBUQUE COUNTY HISTORICAL SOCIETY WHEREAS, the City of Dubuque, iowa (City) is the owner of the real property legaily described as: Lot 1, in Adam's Company's 2nd Addition in the City of Dubuque, Iowa; and WHEREAS, the Dubuque County Historical Society desires to lease the Premises for the purpose of creating an expansion of the National Mississippi River Museum & Aquarium including a new museum which would be a compliment to the existing National Mississippi River Museum & Aquarium and for such other purposes as described in the proposal for a Development Agreement Leading to a Lease between the City of Dubuque and the Dubuque County Historicai Society For Adaptive Reuse of the Adams Company Building and Site; and WHEREAS, the City Council has heid a public hearing on the City's intent to dispose of the foregoing-described City Property on the 6th day of February, 2006, pursuant to notice as required by law, and following the pubiic hearing overruled all objections thereto. 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 the Lease Agreement with Dubuque County Historical Society, a copy of which is attached hereto, for the above-described City Property. Section 2. The Mayor is hereby authorized and directed to sign the Lease Agreement on behalf of the City of Dubuque. Section 3. The City Clerk is hereby authorized and directed to record this Resolution with the Dubuque County Recorder. Passed, approved and adopted this 6th day of February, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Connors moved that the ruies be reinstated limiting discussion to the Council. Seconded by Cline. Motion carried 7-0. ACTION ITEMS Assistant City Attomey: Corporation Counsel recommending approval of the selection of Crenna Brumwell as the Assistant City Attorney, effective March 20, 2006, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. Lindahl introduced Brumwell to the City Council and expressed appreciation to retiring Assistant City Attorney Bili Blum for his thirty- three years of service. RESOLUTION NO. 44-06 APPROVING THE APPOINTMENT OF CRENNA M. BRUMWELL AS ASSISTANT CITY ATTORNEY FOR THE CITY OF DUBUQUE Whereas, City Solicitor William G. Blum has announced his retirement effective April 14, 2006 after honorably serving as legal counsel for the City of Dubuque for thirty-two years; and Whereas, City Attorney Barry A. Lindahl has recommended that his appointment of Crenna M. Brumweil as Assistant City Attorney be approved by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 34 Regular Session, February 6, 2006 The appointment of Crenna M. Brumwell as Assistant City Attorney for the City of Dubuque effective March 20, 2006 is hereby approved, Passed, approved and adopted this 6th day of February, 2006, Roy D, Buol, Mayor Attest: Jeanne F, Schneider, City Clerk Cline moved adoption of the Resolution, Seconded by Connors, Motion carried 7-0, Human Rights Ordinance: Communication from Judy Haley Giesen, Chair of the Dubuque Human Rights Commission, recommending adoption of an amendment to the Human Rights Ordinance to add sexual orientation to the ordinance and to inciude an exemption for religious educationai institutions in employment, presented and read, Braig moved that the communication be received and filed, Seconded by Jones, Motion carried 6-1 with Cline voting Nay, 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),27-131(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, OFFICIAL PUBLICATION ORDINANCE NO. 8-06 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 EDUCATIONAL 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." NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Sec. 27-1 of the Dubuque Code of Ordinances is hereby amended by adding the following definitions: Sec. 27-1. Definitions: Reli9ious Educational Institution: any preschool, elementary, secondary, or postsecondary college or university which is operated, supervised, controlled or sustained primarily by a religious organization. Sexual Orientation: a person's actual, history of, or perceived heterosexuality, homosexuality, or bisexuality, but not including participation in conduct that is prohibited by law. Section 2. Sec. 27-51 (2) of the City of DUbuque Code of Ordinances is hereby amended to read as follows: Sec. 27-51. Aiding Or Abetting: It shall be an unfair or discriminatory practice for: .(2) Any person to discriminate against another person in any of the rights protected against discrimination on the basis of race, creed, color, sex, national origin, familial status, religion, age, disability, marital status or sexual orientation by this Article because such person has lawfully opposed any practice forbidden under this Article, obeys the provisions of this Article, or has filed a complaint, testified or assisted in any proceeding under this Chapter. Section 3. Sec. 27-61 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: Sec. 27-61. Prohibited Practices: It shall be an unfair or discriminatory practice for any owner, lessee, sublessee, proprietor, manager, or superintendent of any pUblic accommodation or any agent or employee thereof: (1 ) To refuse or deny to any person because of race, creed, color, sex, age, national origin, religion or sexual orientation the accommodations, advantages, facilities, services, or privileges thereof, or otherwise to discriminate against any person because of race, creed, coior, sex, age, national origin, religion, or sexual orientation in the furnishing of such accommodations, advantageslfacilities, services or privileges. (2) To directiy or indirectly advertise or in any other manner indicate or publicize that the patronage of persons of any particular race, creed, color, sex, age, national origin, religion or sexual orientation is unwelcome, objectionable, not acceptable, or not solicited. Section 4. Sec. 27-71 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: Sec. 27-71. Prohibited Practices: It shall be an unfair or discriminatory practice for any: (1) Person to refuse to hire, accept, register, classify, or refer for employment, to discharge any employee, or to otherwise discriminate in employment against any applicant for employment or any employee because of the race, creed, color, sex, age, national origin, religion or sexual orientation of such applicant or employee, unless based upon the nature of the occupation. (2) Labor organizations or the employees, agents, or members thereof to refuse to admit to membership any applicant, to expel any member, or to otherwise discriminate against Regular Session, February 6, 2006 35 any applicant for membership or any member in the privileges, rights, or benefits of such membership because of the race, creed, color, sex, age, national origin religion or sexual orientation of such applicant or member. (3) Employer, employment agency, labor organization, or the employees, agents, or members thereof, to directly or indirectly advertise or in any other manner indicate or publicize that individuals of any particular race, creed, color, sex, age, national origin, religion or sexual orientation are unwelcome, objectionable, not acceptable, or not solicited for employment or membership, unless based upon the nature of the occupation. Section 5. Sec. 27-72 of the City of Dubuque Code of Ordinances is hereby amended by adding the following: Sec. 27-72. Exemptions From Division: The prohibition by this division of discrimination based on sexual orientation shall not apply to any bona fide religious educational institution with respect to any qualifications for employment by such institution. Section 6. Sec. 27-91 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: Sec. 27-91. Prohibited Practices; Exception: It shall be an unfair or discriminatory practice for any: (1) Creditor to refuse to enter into a consumer credit transaction or impose finance charges or other terms or conditions more onerous than those reguiarly extended by that creditor to consumers of similar economic backgrounds and current situations because of age, color, creed, national origin, race, religion, marital status, sex, physical disability or sexual orientation. (2) Person authorized or licensed to do business in this State pursuant to chapters 524, 533, 534, 536 or 536A of the Code of Iowa to refuse to loan or extend to persons of similar economic backgrounds because of age, color, creed, national origin, race, religion, marital status, sex, physical disability or sexual orientation. (3) Creditor to refuse to offer credit life or health and accident insurance because of color, creed, national origin, race, religion, marital status, age, physical disability, sex or sexual orientation. Refusal by a creditor to offer credit life or health and accident insurance based upon the age or physical disability of the consumer shall not be an unfair or discriminatory practice if such denial is based solely upon bona fide underwriting considerations not prohibited by the State Code of Iowa or United States Code. Section 7. Sec. 27-101 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: Sec. 27-101. Prohibited Practices; Exceptions: It is an unfair or discriminatory practice for any educational institution to discriminate on the basis of race, creed, color, sex, national origin, religion, disability or sexual orientation in any program or activity. Such discriminatory practices shall include but not be limited to the following practices: (1) Exclusion of a person or persons from participation in, denial of the benefits of, or subject to discrimination in any academic, research, occupational training, or other program or activity except athletic programs; (2) Denial of comparable opportunity in intramural and interscholastic athletic programs; (3) Discrimination among persons in employment and the conditions of empioyment; (4) On the basis of sex, the application of any rule concerning the actual or potential parental, family or marital status of a person, or the exclusion of any person from any program or activity or employment because of pregnancy or related conditions dependent upon the physician's diagnosis and certification. For the purposes of this Section, educational institution includes any preschool, elementary, secondary, or merged area school, area education agency, postsecondary college or university and their governing boards. This Section does not prohibit an educational institution from maintaining separate toilet facilities, locker rooms or living facilities for the different sexes so long as comparabie facilities are provided. Nothing in the Section shall be construed as prohibiting any bona fide religious institution from imposing qualifications based on religion when such qualifications are related to a bona fide religious purpose or any institution from admitting students of only one sex. Section 8. Sec. 27-131 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: Sec. 27-131. Prohibitions. It shall be unlawful: (1) To refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, sex, familial status, national origin, creed, age, disability or sexual orientation. (2) To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provisions of services or facilities in connection therewith, because of race, color, religion, sex, familial status, nationai origin, creed, age, disability or sexual orientation. (3) To make, print or publish, or cause to be made, printed or published any notice, statement or advertisement, wijh respect to the saie or rental of a dwelling that indicates any preference, limitation, or discrimination based on 36 Regular Session, February 6, 2006 race, color, religion, sex, familial status, national origin, creed, age disability or sexual orientation, or an intentional to make any such preference, limitation or discrimination. (4) To represent to any person because of race, color, religion, sex, familial status, national origin, creed, age, disability or sexual orientation that any dwelling is not available for inspection, sale or rental when such dwelling is in fact so available. (5) For profit, to induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or disabled persons of a particular race, color, religion, sex, familial status, national origin, creed, age, disability or sexual orientation. Section 9. Sec. 27-132(c) of the City of Dubuque Code of Ordinances is hereby amended to read as follows: Sec. 27-132. Exemptions. . (c) Nothing in this article shall prohibit a religious organization, association, or society or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society, from limiting the sale, rental or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons, unless membership in such religion is restricted on account of race, color, sex, familial status, national origin, creed, age, disability or sexual orientation. Nor shall anything in this article prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes provides lodging which it owns or operates for other occupancy of such lodging to its members or from giving preference to its members. Section 10. Sec. 27-133 of the City of Dubuque Code. of Ordinances is hereby amended to read as follows: Sec. 27-133. Discrimination in residential real estate-related transactions. (a) In general: It shall be unlawful for any person or other entity whose business includes engaging in residential real estate-related transactions to discriminate against any person in making available such a transaction, or in the terms or conditions of such a transaction, because of race, color, religion, sex, familial status, national origin, creed, age, disability or sexual orientation. (c) Appraisal exemption: Nothing in this article prohibits a person engaged in the business of furnishing appraisals of real property to take into consideration factors other than race, color, religion, sex, familial status, national origin, creed, age, disability or sexual orientation. Section 11. Sec. 27-134 of the City of DUbuque Code of Ordinances is hereby amended to read as follows: Sec. 27-134. Discrimination in provision of brokerage services. It shall be unlawful to deny to any person access to or membership or participation in any multiple listing services, real estate brokers' organization or other service, organization or facility relating to the business of selling or renting dwellings, or to discriminate against such person in the terms or conditions of such access, membership or participation, on account of race, color, religion, sex, familial status, national origin, creed, age, disability or sexual orientation. Section 12. Sec. 27-145 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: Sec. 27-145. Violations; Bodily Injury; Death; Penalties: Whoever whether or not acting under color of law, by force or threat of force willfully injures, intimidates or interferes with, or attempts to injure, intimidate or interfere with: (1) Any person because of such person's race, color, religion, sex, familial status, national origin, creed, age, disability or sexual orientation and because such person is or has been selling, purchasing, renting, financing, occupying, or contracting or negotiating for the sale, purchase, rental, financing, or occupation of any dwelling, or applying for or participating in any service, organization or facility relating to the business of selling or renting dwellings; or (2) Any person because such person is or has been, or in order to intimidate such person or any other person or any class of persons from: (a) participating, without discrimination on account of race, color, religion, sex, familial status, national origin, creed, age, disability or sexual orientation in the activities, services, organizations or facilities described in subsection (a) of this Section; or . . . (3) Any citizen because such person is or has been, or in order to discourage such citizen or any other citizen from lawfully aiding or encouraging other persons to participate, without discrimination on account of race, color, religion, sex, familial status, national origin, creed, age, disability or sexual orientation in any of the activities, services, organizations or facilities described in subsection (a) of this Section, or participating lawfully in speech or peaceful assembly opposing any denial of the opportunity to so participate shall be referred to the County Attorney's office for prosecution. Section 13. This Ordinance shall take effect upon publication. Passed, approved and adopted this 6th day of February, 2006. Roy D. Buol, Mayor Regular Session, February 6, 2006 37 Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 10th day of February, 2006. Jeanne F. Schneider, City Clerk 1t2/10 Braig moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Jones. Motion carried 6-1 with Cline voting Nay. Braig moved final consideration and passage of the Ordinance. Seconded by Jones. Motion carried 6-1 with Cline voting Nay. Storage Container Ordinance: City Manager recommending approval of an ordinance to allow for the permitting and use of exterior storage containers and trailers; Communication from Steward Sandstrom requesting to address the City Council regarding the proposal to regulate exterior storage containers; Communication from Michael J. Coyle, representing Bill and Carol Denlinger, requesting to address the City Council regarding the proposed ordinance, presented and read. Connors moved that the communications be received and filed. Seconded by Michalski. Yeas-Buol, Connors, Jones, Michalski. Nays-Braig, Cline, Lynch. Steward Sandstrom, President of the Dubuque Chamber of Commerce, spoke urging opposijion to the proposed Ordinance as it is unenforceable and can be addressed through existing Ordinances. Attomey Mike Coyle, representing Bill and Carol Denlinger, spoke urging a "No' vote. An Ordinance Amending Chapter 11 Building and Building Regulations of the City of Dubuque Code of Ordinances by adopting a new Article VII. Exterior Storage Containers and Storage Trailers establishing requirements for the use of exterior storage containers. and storage trailers, presented and read. Council discussed the various aspects of the proposed Ordinance including whether the same objective couid be accomplished with current laws. Staff explained part of the purpose was to centralize enforcement and to have site plans available to know what is in the various containers. Connors moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Councii Meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Michalski. Motion failed due to lack of a three-fourths vote: Yeas-Buol, Connors, Jones, Michaiski. Nays-Braig, Cline, Lynch. Connors moved that this be considered the first reading of the Ordinance and directed that one year from the effective date of the Ordinance the committee be reconvened to evaluate the effectiveness of the Ordinance. Seconded by Michaiski. Carried by the following vote: Yeas-Buol, Connors, Jones, Michalski. Nays-Braig, Cline, Lynch. Arbor Estates Phase III Lift Station: City Manager recommending that any action to acquire an easement for the proposed lift station on property owned by John P. and Pamela J. Gartner be postponed to a later date as staff intends to approve the installation of a lift station in the Arbor Estates Subdivision; Communication from Davin C. Curtiss requesting to address the City Council on behalf of the Forest Grange Property Owner's Association, regarding the proposed placement of a lift station on Association property and two letters regarding the issue, presented and read. Michalski moved that the communication be received and filed and recommendation approved. Seconded by Connors. Motion carried 7-0. Sexual Offender Residency Restrictions: City Manager recommending that the City of Dubuque monitor the current restrictions and any upcoming actions by the State of Iowa Legislature and to not create a local ordinance at this time regarding sexual offender residency restrictions, presented and read. Michalski moved that the communication be received and filed and approved recommendation. Seconded by Cline. Motion carried 7-0. Unified Development Code: City Manager recommending approval of terminating the contract with Lane Kendig, Inc. for creation of a Unified Development Code and the drafting of a new Request for 1 Proposals, presented and read. Connors moved that the communication be received and filed and approved recommendation. Seconded by Jones. Motion carried 7-0. Federai Building Application: City Manager recommending approval of the submission of an application to the Federal Parks Service and GSA for conveyance of the Federal Building to the City, presented and read. Connors moved that the communication be received and filed. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 45-06 RESOLUTION AUTHORIZING APPLICATION TO THE GENERAL SERVICES ADMINISTR- ATION FOR HISTORIC MONUMENT CONVEYANCE OF THE FEDERAL BUILDING TO THE CITY OF DUBUQUE. Whereas, certain real property owned by the United States, located in the County of Dubuque, State of Iowa, has been declared surplus and at the discretion of the Administrator 38 Regular Session, February 6, 2006 of General Services, may be conveyed for historic monument purposes to a State, pOlitical subdivision, instrumentalities thereof, or municipality, under the provisions of Section 203(k)(3) of the Federai Property and Administrative Services Act of 1949, as amended [40 U.S.C. 484(k)(3)]. and rules and regulations promulgated pursuant thereto, more particularly described as follows: Federal Building, 350 W. 6th Street, Dubuque, Iowa 1.09 acres GSA Control Number 7-G-IA-0495-1 Whereas, the City of Dubuque needs and will utilize said property in perpetuity for historic monument purposes as set forth in Its application and in accordance with the requirements of said Act and the rules and regulations promulgated thereunder; and Whereas, the City of Dubuque is authorized, willing and able to conduct compatible revenue- producing activities, and that regardiess of any revenues derived from such activities, is financially able to utilize said property for historic monument purposes as set forth in its Program of Preservation and Utilization and in accordance with the requirements of said Act and regulations and procedures promulgated thereunder; and Whereas, the City of Dubuque agrees that any income in excess of costs of repair, rehabilitation, restoration and maintenance shall be used by the City of Dubuque only for public historic preservation purposes as enunciated in its Program of Preservation and Utilization; Now, Therefore, Be It Resolved by the City Council of Dubuque, Iowa, that the City of Dubuque shall make application to the Administrator of General Services for and secure the transfer to it of the above-mentioned property for said use upon and subject to such exceptions, reservation, terms, covenants, agreements, conditions, and restrictions as the Secretary of the Interior, and the Administrator of General Services, or their authorized representatives, may require in connection with the disposal of said property under said Act and the rules and regulations issued pursuant thereto; and Be It Further Resolved that the City of Dubuque has legal authority, is willing, and is in a position to assume Immediate care and maintenance of the property, and that Michael C. Van Milligen, City Manager, be and he is hereby authorized, for and on behalf of the City of Dubuque to do and perform any and all acts and things which may be necessary to canry out the foregoing resolution, including the preparing, making, and fiiing of plans, appiications, reports, and other documents; the execution, acceptance, deiivery, and recordation of reports, and other documents; the execution, acceptance, delivery, and recordation of agreements, deeds, and other instruments pertaining to the transfer of said property, including the filing of copies of the application and the conveyance documents in the records of the governing body, and the payment of any and all sums necessary on account of the purchase price thereof or fees or costs incurred in connection with the transfer of said property for survey, title searches, recordation of instruments, or other costs identified with the Federal surplus property acquisition. Passed, approved and adopted this 6th day of February 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Connors moved adoption of the Resolution. Seconded by Jones. Motion carried 7-0. Iowa League of Cities Conference: City Manager recommending approval of submitting a bid to the Iowa League of Cities, including a letter of support, to host the annual conference in 2010 and the appointment of a City Council liaison, presented and read. Michalski moved that the communication be received and filed and approved submittal of the bid and approved the appointment of Council Member Michalski as the liaison. Seconded by Ciine. Motion carried 7-0. National League of Cities: Communication from the National League of Cities advising of the appointment of City Council Member Ann Michalski to the 2006 Human Development Steering Committee for the National League of Cities, presented and read. Cline moved that the communication be received and filed and congratulated Council Member Michalski. Seconded by Braig. Motion carried 7-0. Convention and Visitors Bureau: City Manager recommending that a work session be scheduled for Monday, February 20, 2006 regarding the Dubuque Area Chamber of Commerce Convention and Visitors Bureau three year plan and budget, presented and read. Michalski moved that the communication be received and filed and approved recommendation. Seconded by Ciine. Motion carried 7-0. Long Range Planning Advisory Commission: Corporation Counsel submitting an ordinance deleting the requirement of an alternate City Council Member appointment to the Long Range Planning Advisory Commission, presented and read. Connors moved that the communication be received and filed. Seconded by Michalski. Motion carried 7-0. An Ordinance Amending City of Dubuque Code of Ordinances Section 36-4 Long Range Regular Session, February 6, 2006 Planning Advisory Committee Created; Composition, deleting the requirement of an appointment of an alternate City Council Member, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 9-06 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES SECTION 36-4 LONG-RANGE PLANNING ADVISORY COMMITTEE CREATED; COMPOSITION, DELETING THE REQUIREMENT OF AN APPOINTMENT OF AN ALTERNATE CITY COUNCIL MEMBER Section 1. City of Dubuque Code of Ordinances ~ 36-4 is amended to read as follows: Sec. 36-4. Long-Range Planning Advisory Commission Created; Composition: There Is hereby created a city long-range planning advisory commission, which shall consist of seven (7) members including a member of the city council designated by the council and six (6) residents of the city appointed by the city council who shall be qualified by their knowledge, experience and ability to contribute to the city's long-range planning and development efforts. Passed, approved and adopted this 6th day of February, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 10th day of February, 2006. Jeanne F. Schneider, City Clerk 1t 2/10 Connors moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Michalski. Motion carried 7-0. Connors moved final consideration and passage of the Ordinance. Seconded by Braig. Motion carried 7-0. February 20, 2006 City Council Meeting: City Manager recommending approval of an ordinance that sets February 20, 2006 as the date of the second regular City Council meeting in February, presented and read. An Ordinance providing that the second regular meeting of the City Council in February, 2006 shall be February 20, 2006, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 10-06 PROVIDING THAT THE SECOND REGULAR MEETING OF THE CITY COUNCIL IN FEBRUARY, 2006, SHALL BE FEBRUARY 20, 2006 39 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 2-22 of the City of Dubuque Code of Ordinances notwithstanding, the second regular meeting of the City Council in February, 2006, shall be February 20, 2006; Section 2. This Ordinance shall take effect upon publication. Passed, approved and adopted this 6th day of February 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 10th day of February, 2006. Jeanne F. Schneider, City Clerk 1t2/10 Jones moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Braig. Motion carried 7-0. Jones moved final consideration and passage of the Ordinance. Seconded by Braig. Motion carried 7-0. COUNCIL MEMBER REPORTS Michalski shared that the Iowa League of Cities meeting was very informative. Buol stated that the Washington Chamber briefings and conversations with Congressmen were good. Braig thanked the Chamber for their impressive setup. PUBLIC INPUT Lou Oswald, 1080 Nowata, expressed appreciation to the Council for their hard work and time commitment. He also questioned the majority of Human Rights Commissioners being present at this meeting without a public notice and stated he felt it was a violation of the open meetings law. Corporation Counsel Lindahl clarified that there was no deliberation or action taken by that body and therefore their attendance at the City Council meeting did not constitute a public meeting. At 8:30 P.M. Michalski moved to go into Closed Session re: Pending Litigation and Property Acquisition - Chapter 21.5(1)(c)0) 2005 Code of Iowa. Seconded by Connors. Motion carried 7-0. At 9:37 P.M. Council reconvened regular session stating that staff had been given proper direction. There being no further business, Braig moved to adjourn. Seconded by Connors. Motion carried 7-0. 40 Regular Session, February 6, 2006 The meeting adjourned at 9:38 P.M. /s/ Jeanne F. Schneider, CMC City Clerk 1t2/15 Approved: r ~ 2006 2006 Adopted Mayor ~ ~ ~ ,-?"y"J..,-- (trtll~A P l q, ~fL'1Ij / - ./ (.~/lJ{( . ,I~ Council Members ~ ~&2 /) . '4'4'~ ~L~J Ity Clerk Special Session, February 7, 2006 41 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, February 7, 2006 Council met in Special Session at 6:30 P.M. in the Library Auditorium Present: Mayor Buol; Council Members Braig, Cline, Connors, Jones, Lynch, Michalski, City Manager Van Milligen Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of discussing various City departmental budgets. The budgets for the following departments were discussed: Human Rights Department; Finance Department; Legal Department, City Manager's Office; City Council; and City Clerk's Office Human Rights Department: Buol thanked the Human Rights Director and staff for their continued efforts for the past year. Leticia Rose- Marin, United Dubuque Immigrant Alliance, requested that minorities be included as trainers in the proposed diversity-training program for City employees. Marcia Sola, 60 North Algona, spoke of the strong resource the City has in its minority population and stressed that they be empowered to co-facilitate the diversity training. Finance Department: Cline questioned whether the Finance Department had looked into offering an even pay program. Finance Director Ken TeKippe replied that they had not as waterlsewer bills tend not to fluctuate the way gas and electricity do. However, he stated the City does offer automatic withdrawal for payment of utility bills. Legal Department: Corporation Counsel Lindahl stated he was proposing to change the name of the department to the City Attorney's Office, along with changing his title from Corporation Counsel to City Attorney. City Manager's Office: Michalski stressed that although the decision package to provide for a part-time Management Intern was not recommended for funding it should be considered for next year. Mark Wahiert, Chair of the Arts and Cultural Affairs Commission, thanked the Council for their support and their investment in Dubuque. Alexandra Pena, Loras College, spoke of the accomplishments the school had made due to the Arts and Culture Program Grant they had received. City Council: City Manager Van Milligen spoke regarding the two decision packages recommended for funding in the City Council budget. There being no further business, Michalski moved to adjourn. Seconded by Cline. Motion carried 7-0. The meeting adjourned at 8:11 p.m. Isl Jeanne F. Schneider, CMC City Clerk 11 2115 2006 2006 Mayor ~ ~, -p~~-~--- , ;drlM I< ) fl. l!iL~ "2 . -.~ Council Members Atte . .~ /7 ~--:t/;a//a~U~./ . y Clerk 42 Special Session, February 9, 2006 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Councii, Special Session, February g, 2006 Council met in Special Session at 6:30 P.M. in the Library Auditorium Present: Mayor Buol (arrived at 6:40 p.m.), Council Members Braig, Cline, Connors, Jones, Lynch, Michalski, City Manager Van Milligen Mayor Pro- Tem Michalski 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: Emergency Communications Center, Emergency Management Office, Fire Department, Police Department, and Building Services Department. Emergency Communications Center - Council questioned whether the current staffing level was adequate and Emergency Communications Center Sandi Hutchcraft stated that it was. Emergency Management - Michalski stated that the City Council needs to be informed, educated and involved in emergency situations. Emergency Management Director Tom Berger replied that training for Council Members is planned within the next few months. Fire Department - Bob Fisch, 722 West 11 th Street, questioned whether there were plans for additional fire stations on the west side of Dubuque. Fire Chief Dan Brown responded that is the purpose of the Municipal Fire and Emergency Services Response and Deployment Study. Chief Brown was directed to schedule National Incident Management System (NIMS) training for the City Council in March following the budget process. Police Department - Cline requested a dollar for dollar comparison of the cost to provide two additional Police Officers versus the amount of overtime being paid. Police Chief Kim Wadding stated there would be some savings in overtime, but not significant. She also asked that this decision package be looked at to see if it was possible to add at least one Officer. Braig questioned the update of the polygraph equipment. Lynch questioned whether the department was seeing an increase in identify theft cases. Connors questioned the turnover rate and whether this was typical. Michalski requested that consideration be given to increasing the number of management level staff attending the Faces and Voices Conference. Buol stated that Police Department staffing shouid be discussed at the next City Council goal setting session. Libby Mihalakis, Vice President of the Washington Neighborhood Association; Amy Boynton, Downtown Neighborhood Association; Bob Fisch, Historic Bluff Neighborhood Association; and Penny Ehlinger, AmeriCorps Program, spoke in support of the Community Oriented Policing (COP) program and commended the department on their efforts in this area. Building Services Department - Connors questioned whether there was sufficient staff to maintain City Hall and the two annexes. There being no further business, Cline moved to adjoum. Seconded by Connors. Motion carried 7-0. The meeting adjourned at 8:30 p.m. Jeanne F. Schneider, CMC City Clerk 112117 2006 2006 Council Members ~ ~Q ~-</'?__>Yd{U ~ ty Clerk Special Session, February 13, 2006 43 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, February 13, 2006 Council met in Special Session at 6:30 P.M. in the Library Auditorium Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski, City Manager Van Milligen Mayor Buol read the call and stated this is a special session of the Cijy Council called for the purpose of discussing various City departmental budgets. The budgets for the following departments were discussed: Water Department, Water Pollution Control Plant, Public Works Department, and Engineering Department. Water Department: Michalski questioned why the ievel of usage was going down when the City seemed to be expanding. It was explained that a comprehensive survey for leaks had been conducted and the problem areas repaired and also that many businesses had made improvements to their operations, which resulted in a cutback on usage. Michalski also questioned the increase in chemical costs and Water Department Manager Bob Green responded that this trend would continue as some components were becoming more difficult to acquire. Water Pollution Control Plant: Connors questioned that if the life expectancy of the incinerators was estimated at twenty years and were now going on thirty years whether the repiacements would be significantly different with regard to technology. Water Pollution Control Plant Manager Jonathon Brown commented it would be and that the decisions made now for the replacement incinerators would affect the operation of the plant for many years in the future. Buol asked about how enactment of the1972 Clean Water Act would affect Dubuque. Brown replied that this would not have any impact on the City's facility, but could impact the Airport lagoon. In response to a question, Budget Director Dawn Lang explained that the Water Pollution Control Plant was an enterprise fund, which meant that it was self-supporting, with no property tax support. Public Works Department: Braig questioned what the "food scrap recycling program" consisted of. Solid Waste Supervisor Paul Schultz explained that this was a separate recycling bin for the purpose of collecting food scraps which would be collected in the same manner as yard waste. This would be a pilot program with three hundred participants initially. Public Works Director Don Vogt commented that the metropolijan area landfill is self-supporting while most around the State are subsidized. Buol urged that the department be pro-active in the area of nuisance clean up. Engineering Department: City Engineer Gus Psihoyos explained that as a requirement of the NPDES permit, an erosion control policy will be coming to the City Council within the next few months. Steve Mosiman, 1000 Clarke Drive, requested that the HodgdonlWest Locust Street Sidewalk/Step Replacement Project be moved up to Fiscal Year 2007. He stated this project was first introduced in 2001 and keeps getting pushed back farther and farther. There being no further business, Michalski moved to adjoum. Seconded by Cline. Motion carried 7-0. The meeting adjoumed at 8:13 p.m. 2006 2006 { Council Members Attes~~4~~dU!:QJ . y Clerk 44 Special Session, February 14, 2006 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, February 14, 2006 Council met in Special Session at 6:30 P.M. in the Library Auditorium Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch,. Michalski, City Manager Van Milligen Mayor Buoi 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; Five Flags Civic Center, Recreation Division, Park Division, Infonmation Services Department and Cable TV Division. Civic Center: Leisure Services Manager GiI Spence and SMG Manager Charlie Gardner provided the Council with an overview of the completed renovations at the Center. A detailed budget will be submitted to the Five Flags Commission and City Council in April. Michalski spoke of her continued concern regarding the amount of handicapped parking available around the Five Flags Center and the limited amount of public ice time. Recreation Division: Connors, Michalski and Braig expressed concem that the improvement packages related to after-school programs for children at Lincoln and Marshall Schools and youth sports program were not recommended for funding. City Manager Van Milligen provided an overview of the budget process and stated he would be coming back to Council to recommend that $28,000 of improvement packages not be funded as previously recommended. Michalski requested that Council look ciosely at the budget to see what could be given up in order to fund the youth related programs. Park Division: In response to a question, Leisure Services Manager GiI Spence reported that the renovation of the Town Clock would not affect any of the festivals held in that area. Michalski questioned whether there were a sufficient number of Park Rangers. infonmation Services Department: Discussion was held concerning the Lead Applications I Network Analyst position that was not recommended for funding. Information Services Manager Chris Kohlmann stated that the impact on the department would be that staff would be putting in a larger amount of paid overtime and would not be able to provide the amount of support necessary for City departments. Cline requested that a comparison of overtime costs versus funding of the position be completed and provided to Council. Cable TV Division: Public Information Officer Randy Gehl introduced Cable TV Coordinator Craig Nowack and reviewed future initiatives for the department. Conference Center: Michalski questioned why the tiles needed to be replaced so soon. Assistant City Manager Cindy Steinhauser explained that it was because of the porous limestone material that was used originally and the replacement would be of a more appropriate material. There being no further business, Michalski moved to adjourn. Seconded by Braig. Motion carried 7-0. The meeting adjoumed at 8:50 p.m. Isl Jeanne F. Schneider, CMC City Clerk 2006 2006 Tl4- Council Members ~ ~~ Regular Session, February 20, 2006 45 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Reguiar Session, February 20, 2006 Council met in Regular Session at 6:30 P.M. in the Library Auditorium Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski, City Manager Van Milligen, Corporation Counsel Lindahl Mayor Buol read the call and stated this is a regular session of the City Councii called for the purpose of discussing such matters which may properly come before the City Council. Invocation was given by Father Kenneth Anich, SVD, Acting President of Divine Word Seminary Proclamation: Business America Week (February received by Cheree Morey. Professionals of 12-18, 2006) CONSENT ITEMS Minutes and Reports Submitted: Cable TV Regulatory Commission of 11/9; Cable TV Teleprogramming Commission of 1/10; Civil Service Commission of 1/26; City Council of 2/6, 217, 2/9, and 2/13; Electrical Code Board of 1/30; . Environmental Stewardship Advisory Commission of 217; Five Flags Commission of 12/19; Human Rights Commission of 1/9; Zoning Advisory Commission of 2/1, presented and read. Connors moved that the minutes be received and filed. Seconded by Cline. Motion carried 7-0. Printed City Council Proceedings for October and November, 2005, presented and read. Connors moved that the proceedings be received and filed and approved as printed. Seconded by Cline. Motion carried 7-0. Proof of publication of City Council Proceedings of January 30, 2006, presented and read. Connors moved that the proof be received and filed. Seconded by Cline. Motion carried 7-0. Notice of Claims/Suits: Brooke Kowalske vs City of Dubuque, et al; Randy Seay for propertY damage; Splendid Valley Nursery for property damage, presented and read. Connors moved that the claims be received and filed and referred to Legal for investigation/report. Seconded by Cline. Motion carried 7-0. Corporation Counsei advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Splendid Valley Nursery for property damage and Donald Stumpf for personal injury, presented and read. Connors moved that the communications be received and filed and concurred. Seconded by Cline. Motion carried 7-0. 2005 Sidewalk Assessment Program - Bid #2 Project: City Manager recommending that total assessments of $7,665.19 be levied against Rlne separate parcels of property as part of the 2005 Sidewalk Assessment Program - Bid #2 Project, presented and read. Connors moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. RESOLUTION NO, 46-06 A RESOLUTION ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE 2005 SIDEWALK ASSESSMENT PROJECT - BID #2 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 2005 Sidewalk Assessment Project - Bid #2 under contract with Perry Construction of Dubuque, Iowa, which final plat and schedule were filed in the office of the City Clerk on the 15th day of February 2006 the said schedule of assessments be a~d th~ 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 46 Regular Session, February 20, 2006 not in excess of twenty-five percent of the value of same. That the City Clerk be and is hereby directed to certify said schedule to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in the manner provided in Section 362,3, the first publication of which shall be not more than fifteen days from the date of filing of the final schedule. On or before the date of the second publication of the notice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided and directed in Section 384.60 of the Code of Iowa. Those assessments may be paid in full or in part without interest at the office of the City Treasurer, City Hall, 50 W. 13"' Street, Dubuque, Iowa, at any time within 30 days after the date of the first pUblication of this notice of the filing of the final schedule of assessments with the County Treasurer. After 30 days, unpaid assessments of $100.00 or more are payable in 10 annual installments at the County Treasure(s Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa, and will draw annual interest at nine (g) 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 20"' day of February, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 2005 Sidewalk Assessment Project - Bid #2 Schedule of Final Assessments 02110/2006 PROPERTY OWNER PARCEL# VALUATION WITH TOTAL IMPROVEMENT LOCATION OF WALK LEGAL DESCRIPTION ASSESSMENT Canon, Robert & Cheryl 10-28-104-10 $94,923.25 1643 Marjorie Lot 5 Block 2 Sunset Park Sub. #4 $523.25 Gaul, Steven & Susan 10-34-479-003 $185,500.25 1004 Mela Lot 3 Block 10 Timber Ridge Add. $1,000.25 Hansen, Ronald & Linda 10-28-126-004 $118,282.62 1605 Lucy Lot 6 Block 1 Sunset Park 5th Add. $182.62 McKinlay, Mary Michele 10-26-133-002 $97,813.90 1860 Loras Tschirgi& Schwinds Sub Lot 21 $213.90 Meyer, Edna Trust 10-26-134-005 $81,856.67 1065 Auburn Lot 1-22 & 1-23 Tschirgi & Schwinds $1,156.67 Rhone, Stacy 10-13-457-002 $80,088.70 2308 Queen Lot 28 Sanfords Sub. $388.70 Steinwand, Dana & Lynda 10-13-457-005 $73,634.52 2300 Queen S 1/2 Lot 30 Sanfords Sub. $534.52 Tuthill, Jaymis 10-13-453-004 $62,598.26 2426 Queen Lot 2-2-1-42 & 43 Staffords Add $198.26 Wachovia Bank 10-21-461-027 $104,767.02 1702 Richie Lot 1 Block 4 Key Knolls Sub. $3,467.02 TOTAL $7,665.19 Connors moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. Iowa Department of Transportation Acceptance of Deed: City Manager recommending approval of the acceptance of a Quit Claim Deed from the Iowa Department of Transportation for property at the comer of Grandview Avenue on Dodge Street, presented and read. Connors moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 47-06 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM THE IOWA DEPARTMENT OF TRANS- PORTATION WHEREAS, the City of Dubuque entered into a Partial Acquisition Agreement with Dubuque Community Schooi District for the purchase of the following described real property in Dubuque County, Iowa: Lot A In Phillips Subdivision No.2, In The City Of Dubuque, Dubuque County, Iowa, As Shown And Described In Piat Of Survey Recorded On September 1, 1999 As Document No. 14150-99 In The Dubuque County Recorder Office, Containing 26,942 Square Feet. AND WHEREAS. the terms of the Agreement have now been met. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA. AS FOLLOWS: 1. The City of Dubuque hereby accepts the Warranty Deed from the Iowa Department of Transportation attached hereto. 2. The City Clerk is hereby authorized and directed to record this Resolution and the Warranty Deed with the Dubuque County Recorder. Passed, approved and adopted this 20th day of February, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Connors moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. 2005 Urban Applications: City Revitalization Program Manager recommending Regular Session, February 20, 2006 47 approval of nine 2005 Urban Revitalization Program applications for residential property tax exemption, presented and read. Connors moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 48-06 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 Ctty 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, 2006, received tax exemption applications from the following property owners in the aforementioned urban revitalization district. West 11th Street Urban Revitalization Area 1300 Walnut- Robert Johnson Mid America Holdings 550 Arlington- Robert Johnson Mid America Holdings 570 Arlington- Robert Johnson Mid America Holdings 555 West 11 th Street- Robert Johnson and Bethany Golombeskl 540 Wilbur- Matt & Birgit Morey 649 Arlington-Toni Anderson 1335-1337 Bluff Street - Joe Ungs Upper Main Urban Revitalization Area 1157-1159 Iowa Street- Ken Un 1154,1070,1071,1085,1088 Main Street, 248 West 11th Street- Gronen Adaptive Reuse LLLP 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 Pian. 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 20th day of February 2006. Roy M. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Connors moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. Shot Tower Archeological Survey: City Manager recommending approval of the issuance of a Request for Proposals for the Shot Tower Archeological Survey, presented and read. Connors moved that the communication be received and filed and approved recommendation. Seconded by Cline. Motion carried 7-0. Arts and Cultural Affairs Advisory Commission: Communication from Jane Kenworthy submitting her resignation from the Arts and Culturai Affairs Advisory Commission due to her relocation out of the State, presented and read. Connors moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. Certificate of Completion - Adams Company: City Manager recommending approval of a Certificate of Completion for The Adams Company project in the Dubuque Industrial Center West, presented and read. Connors moved that the communication be received and filed and approved recommendation. Seconded by Cline. Motion carried 7-0. Historic Preservation Commission: Historic Preservation Commission reiterating its support for the City Council to continue to pursue the iegislative changes which wouid extend Historic Preservation Commission membership to owners of property in historic districts and to continue to pursue the legislative changes which would refer appeais of Historic Preservation Commission decisions to District Court instead of the City Council, presented and read. Connors moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. 48 Regular Session, February 20, 2006 PEG Access Capital Grant Expenditure: City Manager recommending approval of a request from Mediacom for a $200 grant from the Capital Grant for Access Equipment and Facilities for chromakey paint for the Access Studio at Mediacom, presented and read. Connors moved that the communication be received and filed and approved recommendation. Seconded by Cline. Motion carried 7-0. Legislative Correspondence: Communication to area legislators encouraging support of an amendment to Iowa Code 9364.2 to clarify a City's authority to charge a franchise fee to a utility based on the gross revenue from the sale of the utility's product and communication to area legisiators encouraging opposition to HF 2321 regarding changes to the requirements when a City is considering the use of eminent domain, presented and read. Connors moved that the communications be received and filed and approved. Seconded by Cline. Motion carried 7-0. Human Rights Ordinance: Communication from Lorie Murphy-Freebolin expressing appreciation to members of the City Council for their support of the Human Rights Ordinance, presented and read. Connors moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. North Grandview Estates, 1.1.C.: Commu- nication from Joseph J. Bitter, representing North Grandview Estates, 1.1.C., requesting changes to the Agreement between the City of Dubuque and North Grandview Estates, 1.1.C., dated April 21, 2005, for development of North Grandview Estates, presented and read. Connors moved that the communication be received and filed and referred to the City Manager. Seconded by Cline. Motion carried 7- O. Grand Opera House: Letter of support for the efforts of the Grand Opera House Foundation Board to seek grant funding to complete restoration of the Grand Opera House, presented and read. Jones moved that the communication be received and filed and approved recommendation. Seconded by Braig. Motion carried 7-0. Business Licenses: RESOLUTION NO. 49-06 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved: and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS "C" BEER PERMIT Molo Oil Company Big 10 Mart. (Sunday Sale) 2100 JFK Rd Passed, approved and adopted this 20th day of February, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Michalski moved adoption of the Resolution. Seconded by Braig. Motion carried 7-0. RESOLUTION NO, 50-06 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State Laws and all City Ordinances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS "C" BEERILIQUOR LICENSE Bootleggers Pub, Inc Bootleggers Pub. (Sunday Sale) 1689 Elm St Melvin Spiegelhalter The Clubhouse 2364 Washington St Town Clock Inn, Inc Town Clock Inn. (Sunday Sale) 799 Town Clock Plaza Passed, approved and adopted this day 20th of February, 2006 Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Michaiski moved adoption of the Resolution. Seconded by Braig. Motion carried 7-0. ITEMS TO BE SET FOR PUBLIC HEARING Floodwall Pumping Station Improvement Project: City Manager recommending initiation of the public bidding process for the Floodwall Pumping Station Improvement Project and setting a pUblic hearing for April 3, 2006, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 51-06 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS Regular Session, February 20, 2006 49 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 Hawthorne Street Generator Project, Maus Lake Generator Project, and the Bee Branch Floodwall Pumping Station Improvement Projects in the estimated amount of $489,366.00, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 20th day of February, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 52-06 FIXING DATE OF THE 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 Cierk for public inspection of the Hawthorne Street Generator Project, Maus Lake Generator Project, and Bee Branch Pumping Station Improvement Projects. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCiL OF THE CITY OF DUBUQUE, IOWA: That on the 3rd of April, 2006, 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 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 20th day of February, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution setting date of hearing on the plans and specifications for 4/3/06 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 7-0. RESOLUTION NO. 53-06 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Hawthorne Street Generator Project, Maus Lake Generator Project and the Bee Branch Pumping Station Improvement Projects are 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 twenty days prior to the receipt of said bids at 2:00 p.m. on the 15th day of March, 2006. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 6:30 p.m. on the 3rd day of April, 2006. Passed, adopted and approved this 20th day of February, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Alta Vista/Carlotta Street Reconstruction Project: City Manager recommending initiation of the public bidding process for the Alta Vista/Carlotta Street Reconstruction Project and setting a public hearing for March 20, 2006, presented and read. RESOLUTION NO. 54-06 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Alta Vista - Carlotta Streets Reconstruction Project in the estimated amount of $994,321.12 are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 20th day of February, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 55-06 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS 50 Regular Session, February 20, 2006 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 Alta Vista Carlotta Streets Reconstruction Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a public hearing will be held on the 20'h day of March, 2006, at 6:30 p.m. in the Public Library Auditorium at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, adopted and approved this 20th day of February, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 56-06 RESOLUTION OF NECESSITY Whereas, proposed plans have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of City Clerk showing among other things the plans, specifications, form of contract, estimated cost and preliminary plat and schedule showing the amount proposed to be assessed against each lot and the valuation of each lot as filed by the City Council, for the Alta Vista - Carlotta Streets Reconstruction Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the City Council deems it advisable and necessary for the public welfare to make the herein mentioned improvements, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the Resolution of Necessity, they shall be deemed to have waived all objections pertaining to the regularity of the proceeding and the legality of using the special assessment procedure. Said Improvements shall be constructed and done in accordance with the plans and specifications which have been approved by the City Council and now on file with the City Clerk. That the cost and expense of making such improvement will be assessed partially or totally against privately owned property lying with the assessment limits, and in an amount not to exceed that provided by law, and in proportion to the special benefits conferred. The portion of the cost which shall be borne by the City will be paid from the Fiscal Year 2007 Street Construction Program, Watermain Replacement Program, Street Program Sanitary Sewer Improvements, Alta Vista Storm Sewer Reconstruction, Fiber Optic Conduit - Paving Projects, and special assessment bonds may be issued in anticipation of deferred payments of special assessments when a contract has been performed and accepted, and the proceeds thereof used to pay the contractor. The above resolution was introduced, approved and ordered placed on file with the City Clerk this 20'h day of February, 2006. Approved and placed on file for final action. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 57..06 FIXING DATE OF HEARING ON RESOLUTION OF NECESSITY 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 for the Alta Vista Carlotta Streets Reconstruction Project; and Whereas, the proposed Resolution of Necessity for said improvement has been introduced and is now on file in the City Clerk's office for public inspection. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 20th day of March, 2006, a public hearing will be held at 6:30 p.m. in the Public Library Auditorium in the City of Dubuque at which time the owners of property subject to assessment for the proposed improvement or any other person having an interest in the matter may appear and be heard for or against the making of the improvement, the boundaries of the district, the cost, the assessment against any lot, or the final adoption of a Resolution of Necessity and the City Clerk be and is hereby authorized and directed to cause a notice oftime and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published once each week for two consecutive weeks, the first publication of which shall be not less than ten days prior to the day fixed for its consideration. Unless property owners at the Regular Session, February 20, 2006 51 time of the final consideration of this proposed resolution have on fiie with the City Clerk objections to the Resolution of Necessity they shall be deemed to have waived all objections thereto. Passed, adopted and approved this 20lh day of February, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution and set date of hearing on the Resolution of Necessity for 3/20/06 at a meeting to commence at 6:30 P.M. In the public library auditorium and direct the City Clerk to publish notice In the manner prescribed by law. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 58-06 RESOLUTION APPROVING PRELIMINARY SCHEDULE OF ASSESSMENTS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the attached sheets, Page 1 to Page 2 inclusive, are hereby determined to be the schedule of proposed assessments for the Alta Vista - Carlotta Streets Reconstruction Project and the valuations set out herein are hereby approved. Passed, approved and adopted this 20'" day of February, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 59-06 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Alta Vista - Carlotta Streets Reconstruction 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 281h day of March, 2006. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 6:30 p.m. on the 3'" day of April, 2006. Passed, adopted and approved this 20lh day of February, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. BOARDS/COMMISSIONS Appointment to the following Commission: Airport Commission (One four-year term through 9/14/10) Applicants: Charles Dauod, J.K. Hanson III, Dan Nicholson (Note: J.K. Hanson and Dan Nicholson have requested that their names be withdrawn from consideration) Michalski moved that Charles Dauod be appointed to a four year term which will expire 9/14/10. Seconded by Lynch. Motion carried 7-0. PUBLIC HEARINGS Michalski moved to suspend the rules to allow anyone present to address the Council. Seconded by Cline. Motion carried 7-0. River Pointe Deveiopment, LLC - Request to Rezone (Referred Back to Zoning Advisory Commission at January 17, 2006 City Council Meeting): Proof of publication on notice of hearing to consider rezoning property located at 600 Mazzuchelli Drive from R-2 Residential District to PUD Planned Unit Development District with a Planned Residential designation as requested by River Pointe Development, LLC and Zoning Advisory Commission recom- mending approval; City Manager advising that River Pointe Development, LLC has agreed to contribute $150,000 towards the off-site street improvements near this development; Communications from Rick Trausch, Helene Hurley Magee, Venice Richardson, Donna Bauerly, Ethel Cherioli, Jim Banworth, Leslie L. Motsch, Robert and Damaris Eichman, and Francine Banworth in opposition to the proposed development; Communication from SA Sutton in opposition to the present development plans of River Pointe and submitting additional information/petitions, presented and read. Attorney Steve Juergens, representing River Pointe, LLC, reviewed the proposed building plan which has been reduced from six buildings to two, stated that there will be no blasting and that the developer will pay $150,000 towards street improvements. Charles Winterwood, 1550 Melrose Terrace, spoke objecting primarily to the proposed height of the buildings. Dean Rampson. 1158 University, stressed this is not a PUD and objected to the size. David Young, 1598 Central, commented that the high rises shouid be put in the downtown area like most other cities. 52 Regular Session, February 20, 2006 Jeff Nagle, 255 Kelly's Bluff, spoke in opposition to the project stating the development had not been downsized and that it was not a neighborhood project. Jeanne Collins, 343 Cardiff, spoke objecting to the proposed development because of its height, the impact on her 100 year old home, and traffic problems. SA Sutton, 1875 Custer, spoke objecting that the Iowa Code is not being followed, questioned who "River Pointe Deveiopment" is, and suggested that the City trade this property for another location and then tum the bluff site into a parl<. Dan Hammel, 2201 Deconah, spoke reiterating that the project has been downsized twice, tnaffic problems addressed and stated it is "smart growth." Ray Crippes, Kieler WI, spoke in support of the proposed deveiopment. . Gene Tully, 448 Summit, spoke objecting because of the increased traffic and height of the buildings. Jim Giese, 21142 Country Squire Lane, stated that this project belonged in the City and would be a great asset. Ken Schmitt, 3291 Spring Valley Road, stated traffic should not be an issue and that this is a great project. Don Duehr, 1525 Lucy Drive, stated that the project is good for the City. Dick Vorwald, 2921 Washington, stressed more infonmation and photos are needed. Darryl Biechler, as a member of the Dubuque County Fire Association, spoke in full support of the project and stated the deveioper is a "class act". Tom Wiedemann, 162 Cardiff, stated that he was not in favor of the project but not totally against it and he felt that Mr. Spiegel should have talked to the neighbors at the beginning of the project. David Baker, 3055 Castlewood Lane, as a Teamsters Union representative, spoke in favor of the project, .citing good-paying construction jobs for several years to come. Steve Mosiman, 1000 Clarke Drive, requested this project be voted down and questioned the long-term effects on the City. Evelyn Nadeau, 663 Fenelon Place, spoke of the jobs for the future and the vision for the City. Bonnie Wiedemann, 162 Cardiff, spoke objecting to the project, stating that it was too massive. Dave Heim, 2480 Knob Hill Drive, spoke in full support of the project. Jim Shaeffer, 2015 Lombard Street, spoke requesting Council make a decision on this project. Nick Lucy, 783 Fenelon Place, stated he had no objection to the project or the jobs but that the location was not right. Leon Jenson, 510 St. George, spoke in full support of the project. Francine Banworth, 985 South Grandview, spoke objecting to the proposed project, citing its massive size, its limited access, traffic problems, its inappropriateness for the bluffs and violation of City laws. Dave Miner, 8840 Joyce Court, spoke in support of the project. Brian Martens of Zwingle stated he was in full support of the project. Deb Schuster, 2434 Queen St., questioned if the development would affect the people below the bluff and also emergency vehicle response difficulties. Bob Roethig, 618 Bradley Street, objected because the project is too large for the neighborhood and needs to be scaled back. Bill Pauly, 1730 Overview Court, spoke strongly opposing the project, citing pollution and other environmental issues. Bill Baum, 1301 Auburn, spoke stating the bottom line is that this investor is willing to invest in our City and it is an attnactive type of housing to market for retirees. Mark Erschen, 133 St. Mary's Street, stated the development was too large and would reduce the amount of sunlight that property below the bluff would receive. Scott Potter, 515 Garfield Avenue, stated the developer does awesome projects and that it is hard to find people willing to invest in the community. Judy Schmitt, 406 Summit, fell the development was in the wrong location. An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying property located at 600 Mazzuchelli Drive from R-2 Residential District to PUD Planned Unit Development District with a Planned Residential designation, presented and read. Michalski moved that this be considered the first reading of the Ordinance and requested clarification of plans to be brought to the next meeting. Seconded by Connors. Motion carried 7-0. Roger Kunde/North End Wrecking - Request to Rezone: Proof of publication on notice of hearing to consider rezoning property located at 55 West 32nd Street from AG Agricultural District to HI Heavy Industrial District as requested by Roger Kunde/North End Wreckin9 and Zoning Advisory Commission recommending approval; Communication from Joseph J. Bitter, representing North End Wrecking, regarding the requested rezoning; Communication from Paul J. Uhlrich, 480 Olympic Heights Road, in opposition to the proposed rezoning; Communication from Hope Huseman submitting a petition in opposition to the proposed rezoning for North End Wrecking Regular Session, February 20, 2006 and an Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying property iocated at 55 West 32nd Street from AG Agricultural District to HI Heavy Industrial District, presented and read. Cline moved to table this rezoning request. Seconded by Braig. Motion carried 7- O. Loras Coliege Institutional District Amendment: Proof of publication on notice of hearing to consider amending the 10 Institutional District to construct an arena/weliness center and parking lot as requested by Loras Coliege and Zoning Advisory Commission recommending approval, presented and read. Michalski moved that the proof and communication be received and filed. Seconded by Connors. Motion carried 7-0. Jim Collins, President of Loras Coliege, spoke in support of the project and Mike Jansen, IIW Engineers, explained the specifics' of the proposal. Michalski questioned the number of homes that will be impacted with this new construction and Cline questioned if the new parking lot will alieviate side street parking problems. An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by providing for the amendment of Ordinances No. 18-00 and 01-02, and approving an amended Campus Development Plan for the new Athletic and Weliness Center for the Loras Coliege 10 Institutional District, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 11-0B AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY PROVIDING FOR THE AMENDMENT OF ORDINANCES NO. 18-00 AND 01-02, AND APPROVING AN AMENDED CAMPUS DEVELOPMENT PLAN FOR THE NEW ATHLETIC AND WELLNESS CENTER FOR THE LORAS COLLEGE 10 INSTITUTIOANL 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 and Ordinances 18-00 and 01-02 be amended by adopting a revised campus development plan for the new athletic and weliness center for the Loras Coliege Institutional District, to wit: Lot 1 of Lot 2 of Mineral Lot 90; Lot 2 of Mineral Lot 91; Lot 1 and 2 of Loras Coliege Place; Lot 1 and Lot 2 of City Lot 742, Lot 1, Lot 2 and Lot 3 53 of City Lot 741, City Lot 714, Lots 20 through and inciuding Lot 33 of Levins Addition; ali of the alieys in Levins Addition; Lot 15 through and including Lot 18 of Kringle Addition; Lots 30 through and including Lot 43 of Yates Subdivision; Lot 32A, Lot B and Lot C ali of Yates Subdivision; Lot 1 and Lot 2 and Lots 12 through and including Lot 15, ali of Henion and Baird Subdivision; W 103'-N12'.N34'6"-W105' of Lot 5, S22'6"-N34'6"-W105 of Lot 5, S6'6"-W105' of Lot 5, W105' of Lot 6 and W105'-N26' of Lot 7, ali in Henion and Baird Subdivision, Lots 1 through and including Lot 8 of Hodgdon Subdivision; Lot A of Hodgdon Subdivision; Lot 820 and Lot 821 of A. McDaniels Subdivision; the west 53 feet of Lot 20 of Morgan's Subdivision; Lot 7, Lot 7A, Lot 8, Lot 2 of Lot 9, Lot 2 of Lot 3 and Lot 2 of Lot 4, ali of Yates and Pickett Subdivision; Lot 2 of Lot 73, Lot 2 of Lot 74, Lot 2 of Lot 75, Lot 2 of Lot 76, Lot 2 of Lot 77, Lot 2 of Lot 78, Lot 2 of Lot 79, Lots 71A, Lots 69 through and including Lot 71, Lots 63 through and including Lot 67, Lot 80 and Lot 2 of Lot 81A, ali of A.P. Woods Addition, and the aliey from Biake Street East except the portion adjoining Lot 2 of Lot 73 of A.P. Woods Addition, ali of Helena Street, ali in the City of Dubuque, Iowa. Section 2. That pursuant to Iowa Code Section 414.5(2003) and as an express condition of amending the Loras Coliege 10 Institutional District, the undersigned property owner(s) agree(s) to the foliowing conditions, all of which the property owner(s) further agree(s) are reasonable and imposed to satisfy the public needs that are caused directly by the zoning reclassification: A. Use Regulations. The foliowing regulations shali apply to ali uses made of land in the above.described 10 Insmutional District: 1. Principal permitted uses shali be iimited to: a. Colieges and universities. b. Vocational schools. c.Seminaries. d. Offices for administrative personnel or other institutional employees and affiliates. e. Churches, libraries and museums. f. Classrooms, laboratories, lecture halis, and similar places of institution. g. Off-street parking and loading. h. Recreational or athletic facilities for the primary use and benefit of the institutional residents or affiliates. I. Single-family, two-family, or multi-family dwellings for the housing of institutional residents or affiliates. . 2. Accessory Uses: The foliowing uses shali be permitted as accessory uses in the above- described 10 Institutional District: a. Located entirely within a principal building, bookstores or bars seating not more 54 Regular Session, February 20, 2006 than seventy-five(75) persons at one time and located not closer than two hundred feet (200') from the nearest residential or office residential district. B. All uses customarily incidental and subordinate to the principal use it serves, but not to include commercial use outside the principal building. 3. No conditional uses shall be allowed. B. Lot and Bulk Regulations Development of land in the ID Institutional District shall be amended as follows: The proposed athletic and wellness center shall be located in conformance with the attached campus development plan and all final site development plans are to be approved in accordance with provisions of the ID Institutional District regulations. C. Performance Standards The development and maintenance of uses in this ID Institutional District shall be established in conformance with Section 3-5.2 of the Zoning Ordinance and the following standards: 1. New outdoor lighting for the proposed athletic and wellness center and adjacent parking lot shall use 72-degree cut-off light fixtures. 2. Landscaping shall be provided in compliance with Section 4-4 of the Zoning Ordinance. 3. All utilities, including telephone and cable teievision, shall be installed underground. 4. Final site development plans shall be submitted in accordance with Section 4-4 of the Zoning Ordinance. D. Parking Requirements The off-street parking requirements for the principal permitted uses for the herein described ID Institutional District shall be regulated as follows: 1. That eighty-three (83) parking spaces shall be provided in the new parking lot on the north side of the athletic and wellness center. 2. A minimum of 1,158 off-street parking spaces shall be maintained for the Loras College Institutional District. 3. Any significant expansion or reduction in the number of off-street parking spaces must be reviewed by Planning Services staff for compliance with the adopted institutional district requirements. E. Open Space and Recreational Areas Those areas not designated on the conceptual development plan for the development shall be maintained as open space, as defined by Section 8 of the Zoning Ordinance by the property owner andlor association. F. Sign Regulations The sign regulations shall be the same as that which are allowed in the ID Institutional District as established in Section 4-3.11 of the Zoning Ordinance. G. Additional Standards 1. That all previously approved campus development plans are hereby amended to allow for the attached conceptual development plan. H. Transfer of Ownership Transfer of ownership or iease of property in this ID institutional District shall include the transfer or lease agreement a provision that the purchaser or lessee acknowledges awareness of the conditions authorizing the establishment of this district. I. Modifications Any modifications of this Ordinance must be approved by the City Council in accordance with zoning reclassification proceedings of Section 6 of the Zoning Ordinance. J.Recording A copy of this Ordinance shall be recorded at the expense of the property owner(s) with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this reclassification approval after the adoption of this ordinance. This ordinance shall be binding upon the undersigned and all hisfher heirs, successors and assignees. Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 4. This Ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 20.h day of February, 2006 . Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk ACCEPTANCE OF ORDINANCE NO. 11-06 I, James E. Collins, President, Loras College, having read the terms and conditions of the Ordinance No. 11-06 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 17th day of February, 2006. By Is! James E. Collins, President Loras College Published officially in the Telegraph Herald newspaper this 24th day of February, 2006. Jeanne F. Schneider, City Clerk 1t 2/24 Michalski moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Connors. Motion carried 7-0. Michalski moved final consideration and passage of the Ordinance. Seconded by Lynch. Motion carried 7-0. Garfield Place Urban Revitalization Area (Tabled on February 6, 2006): Michalski moved that the following item be removed from the Regular Session, February 20, 2006 55 table. Seconded by Connors. Motion carried 7- O. Proof of publication on notice of hearing to consider approval of an amended and restated Garfieid Place Urban Revitalization Area to add two adjoining lots for a proposed 12-room single-room occupancy facility at 601 Garfield Avenue and to extend the duration of the plan and City Manager recommending approval and communication from the Long Range Pianning Advisory Commission recommending expansion of the Garfieid Place Urban Revitalization District, presented and read. Connors moved that the proof and communication be received and filed. Seconded by Braig. Motion carried 7-0. Scott Potter, 515 Garfield, spoke clarifying the proposed project. An Ordinance Establishing the Amended and Restated Garfield Place Urban Revitalization Area as an Urban Revitalization Area pursuant to Chapter 404 of the Code of Iowa, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 12-06 AN ORDINANCE ESTABLISHING THE GARFIELD PLACE II URBAN REVITALIZATION AREA AS AN URBAN REVITALIZATION AREA PURSUANT TO CHAPTER 404 OF THE CODE OF IOWA. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Garfield Place II Urban Revitalization Area as herein described shall hereafler be designated an urban revitalization area pursuant to Chapter 404 of the Code of Iowa 1999, to wit: Lot 1 of Cook's Addition in the County of Dubuque, City of Dubuque, iowa, according to the recorded plat thereof. Section 2. That the Garfield Place II Urban Revitalization Area Plan as hereto attached is hereby adopted and approved and the properties within said described area shall be subject to the provisions of said Plan. Section 3. That said Garfield Place II Urban Revitalization Area Plan shall hereafler be on file in the City Clerk's Office, City Hall, Dubuque, iowa. Section 4. That the City Clerk is hereby authorized and directed to publish this Ordinance on or after March 23, 2006, provided that the City Clerk prior to that date has received no valid petition requesting a second public hearing, and in the event such petition has been received, then this Ordinance shall be null and void. Passed, approved and adopted this 20th day of February 2006. Roy D. Buoi, Mayor Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 23rd day of March, 2006. Jeanne F. Schneider, City Clerk 1t 3/23 Connors moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Braig. Motion carried 7-0. Connors moved final consideration and passage of the Ordinance. Seconded by Braig. Motion carried 7-0. Manasseh House Urban Revitalization Area Plan: Proof of publication on notice of hearing to consider approval of the Manasseh House Urban Revitalization Area Plan for a proposed nineteen room single occupancy (SRO) facility for women, presented and read. Michalski moved that the proof and communication be received and fried. Seconded by Braig. Motion carried 7-0. Michelle Mihaiakis spoke clarifying the proposed project. An Ordinance Establishing the Manasseh House Urban Revitalization Area as an Urban Revitalization Area pursuant to Chapter 404 of the Code of Iowa, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 13-06 AN ORDINANCE ESTABLISHING THE MANASSEH HOUSE URBAN REVITALIZATION AREA AS AN URBAN REVITALIZATION AREA PURSUANT TO CHAPTER 404 OF THE CODE OF IOWA. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Manasseh House Urban Revitalization Area as herein described shall hereafter be designated an urban revitalization area pursuant to Chapter 404 of the Code of Iowa 1999, to wit: Lot 1 of Lot 2 of Lot 1 of Lot 2 of Lot 2 of Lot 3 of Lot 10 and part of Lot 1 of Lot 1 of Lot 2 of Lot 3 of Lot 10 in Kniest Subdivision in the County of Dubuque, City of Dubuque, Iowa, according to the recorded plat thereof. Section 2. That the Manasseh House Urban Revitalization Area as hereto attached is hereby adopted and approved and the properties within said described area shall be subject to the provisions of said Plan. 56 Regular Session, February 20, 2006 Section 3. That said Manasseh House Urban Revitalization Area shall hereafter be on file in the City Clerk's Office, City Hall, Dubuque, Iowa. Section 4. That the City Clerk is hereby authorized and directed to publish this Ordinance on or after March 23, 2006, provided that the City Clerk prior to that date has received no valid petition requesting a second public hearing, and in the event such petition has been received, then this Ordinance shall be null and void. Passed, approved and adopted this 20th day of February 2006. Roy D. Buol, Mayor Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 23rd day of March, 2006. Jeanne F. Schneider, City Clerk 1t 3/23 Michalski moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Braig. Motion carried 7-0. Michalski moved final consideration and passage of the Ordinance. Seconded by Connors. Motion carried 7-0. Tanzanite Drive and Sapphire Circle Planned Unit Development District: Proof of publication on notice of hearing to consider amending the existing Planned Unit Development District for property at the northwest corner of Tanzanite Drive and Sapphire Circle by eliminating the option to develop property under R-3 Residential District zoning regulations as requested by the City of Dubuque and the Zoning Advisory Commission recommending approval, presented and read. Connors moved that the proof and communication be received and filed. Seconded by Cline. Motion carried 7-0. Rod Tschiggfrie, 600 Sapphire Circle, spoke stating he does not want to lose the R-1 option. An Ordinance amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by providing for the amendment of Ordinances No. 10-99, 96-02 and 86-03 which adopted regulations for the Emerald Acres No. 2 PUD Planned Unit Development District with a PR Planned Residential Designation and approving an amended ordinance for the Emerald Acres No. 2 PUD Planned Unit Development District, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 14-06 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY PROVIDING FOR THE AMENDMENT OF ORDINANCES NO. 10-99, 96-02 AND 86-03 WHICH ADOPTED REGULATIONS FOR THE EMERALD ACRES NO. 2 PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PR PLANNED RESIDENTIAL DESIGNATION AND APPROVING AN AMENDED ORDINANCE FOR THE EMERALD ACRES NO.2 PUD PLANNED UNIT DEVELOPMENT DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by providing for the amendment of ordinances 10-99, 96-02, and 86-03, which adopted regulations for the Emerald Acres No. 2 PUD Planned Unit Development District with a PR Planned Residential designation, and approving an amended Ordinance for the Emeraid Acres No. 2 PUD Planned Unit Development District, a copy of which is attached to and made a part hereof, to wit: Lot 28 Emerald Acres No.2, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. Pursuant to Iowa Code Section 414.5 (2003), and as an express condition of the reclassification, the undersigned property owners agree to the following conditions, all of which the property owners further agree are reasonable and imposed to satisfy the public needs that are caused directly by the zoning reclassification: A. Use Reaulations The following regulations shall apply to all uses made of land in the above-described PUD District: 1. Principal permitted uses for Zone A shall be limited to: a. Singie-family detached dwellings - [11] 2. Principal permitted uses for Lot 28, Zone B shall be limited to: a. Two-family dwelling (duplex)-[ll]. b. Townhouses (maximum two [2] dwelling units)-[ll]. 3. Principal permitted uses for Lot 29, Zone B shall be limited to: a. Single-family detached dwellings - [llJ b. Two-family dwelling (duplex) - [11] c.Multi-family dwelling (maximum six [6J dwelling units) - [9] d. Townhouses (maximum six [6] dwelling units)-[ll] [ ] Parking group - see Section 4-2 of the Zonin9 Ordinance. 4. Accessory uses shall Include any use customarily incidental and subordinate to the principal use rt serves. B. Lot and Bulk Reaulations Development of land in the PUD District shall be regulated as follows: 1. Lots for single-family dwellings in Zone A shall meet bulk regulations set forth in the Regular Session, February 20, 2006 57 Zoning Ordinance for the R-1 Single-Family Residential District. 2. Development of Lot 28, Zone 8 may proceed In substantial conformance with attached conceptual plan. 3. All multi-family structures on Lot 29, Zone 8 shall meet the bulk regulations set forth in the Zoning Ordinance for the R-3 Moderate Density Multi-Family Residential District. C. Performance Standards. The development and maintenance of uses in this PUD District shall be established in conformance with Section 3-5.5 of the Zoning Ordinance and the following standards: 1. Proposed public streets in the Planned Residential development shall be designed and built to City Engineering specifications. 2. Tanzanite Drive shall be constructed to a width of 37 feet. 3. Erosion controi devices shall be provided during all phases of construction of the Planned Residential development. 4. Parking requirements for allowed uses shall be as per the parking group for the designated use, in accordance with Section 4-2 of the Zoning Ordinance. 5. Sidewalks shall be provided adjoining all public streets. 6. Storm water control facilities wili be installed as per City Engineering requirements. 7. Final site development plans shall be submitted in accordance with Section4-4 of the Zoning Ordinance prior to construction of any buildings. D. Open Space and Recreational Areas Open space and landscaping in the PUD District shall be regulated as follows: 1. Those areas not designated on the conceptual plan for development shall be maintained as open space, as defined by Section 8 of the Zoning Ordinance, by the property owner and/or association. E. Sion Reoulations. Signs in the PUD District shall be regulated as follows: 1. Signs shall be allowed in the Planned Residential development in accordance with the R-1 Single-Family Residential District regulations of the Zoning Ordinance. F. Additional Standards. 1. That the attached conceptual development plan shall constitute a preliminary subdivision plat, in accordance with Chapter 42, Subdivision Regulations, of the City of Dubuque Code of Ordinances. 2. That the property between the south right-of- way line of Tanzanite Drive and the south property line of Lot 2 of Lot 1 of SE 11. of SE 11., Section 2 must comply with the regulations adopted for Alpine Heights Mobile Home Park Ordinance No. 72-98. G. Transfer of Ownership. Transfer of ownership or lease of property in this PUD District include in the transfer or iease agreement a provision that the purchaser or lessee acknowledges awareness of the conditions authorizing the establishment of the district. H. Reclassification of Subiect Propertv. The City of Dubuque, Iowa may initiate zoning reclassification proceedings to the AG Agricultural District in accordance with Section 6 of the Zoning Ordinance if the property owner fails to complete or maintain any of the conditions of this ordinance. i. Modifications. Any modifications of this Ordinance must be approved by the City Council in accordance with zoning reclassification proceedings of Section 6 of the Zoning Ordinance. J.Recordina. A copy of this ordinance shall be recorded at the expense of the property owner with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this reclassification approval within forty- five (45) days after the adoption of this ordinance. This ordinance shall be binding upon the undersigned and his/her heirs, successors and assigns. Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 4. The foregoing amendment shall take effect upon publication, as provided by law, and at such time that the herein described property is legally annexed into the City of Dubuque, Iowa. Passed, approved and adopted this 20th day of February, 2006. Roy D. 8uol, Mayor Attest: Jeanne F. Schneider, City Clerk ACCEPTANCE OF ORDINANCE NO. 14-06 i, Rodney Tschiggfrie, representing T-Corp, property owner, having read the terms and conditions of the Ordinance No. 14-06 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 131h day of February, 2006. 8y: Rodney Tschiggfrie Published officially in the Telegraph Herald newspaper this 24th day of February, 2006. /s/ Jeanne F. Schneider, CMC, City Clerk 11 2/24 Connors moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Cline. Motion carried 7-0. Connors moved final consideration and passage of the Ordinance. Seconded by Jones. Motion carried 7-0. 58 Regular Session, February 20, 2006 2006 Curb Ramp Installation - CDBG Project, Phase II: Proof of publication on notice of hearing to consider adoption of the plans and specifications for the 2006 Curb Ramp Installation - CDBG Project, Phase II and award of the contract to Kluck Construction, Inc., in the amount of $23,843, and City Manager recommending approval, presented and read. Cline moved that the proofs of publication and communication be received and filed. Seconded by Michalski. Motion carried 7-0. RESOLUTION NO. 60-06 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 11th day of January, 2006, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the 2006 Curb Ramp Installation - CDBG Project, Phase II. 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, adopted and approved this 20th day of February, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Michalski. Motion carried 7-0. RESOLUTION NO. 61-06 AWARDING CONSTRUCTON CONTRACT FOR THE 2006 CURB RAMP INSTALLATION - CDBG PROJECT, PHASE II Whereas, sealed proposals have been submitted by 'contractors for the 2006 Curb Ramp Installation - CDBG Project, Phase II pursuant to Resolution No. 23-06 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 20lh day of January, 2006. Whereas, said sealed proposals were opened and read on the 2nd day of February, 2006, and it has been determined that the bid of Kluck Construction, Inc. of Dubuque, Iowa, in the amount of $23,843.00 was the lowest bid for the fumishings 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 Kluck Construction, Inc. 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 contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 20th day of February, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Michalski. Motion carried 7-0. RESOLUTION NO. 62-06 APPROVING CONSTRUCTION CONTRACT WITH KLUCK CONSTRUCTION, INC. FOR THE 2006 CURB RAMP INSTALLATION - CDBG PROJECT, PHASE II Whereas the City Council by Resolution No. 61-06 awarded the construction contract for the 2006 Curb Ramp Installation - CDBG Project, Phase II to Kluck Construction, Inc.; and Whereas Kluck Construction, Inc. has submitted the attached executed contract and bond. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 1. The contract and bond attached hereto are hereby approved. 2. The City Manager is hereby authorized and directed to execute the contract on behalf of the City of Dubuque. Passed, approved and adopted this 20th day of February, 2006. . Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Michalski. Motion carried 7-0. Michalski moved to reinstate the rules limiting discussion to the Councii. Seconded by Connors. Motion carried 7-0. ACTION ITEMS Storage Container Ordinance (First Reading on February 6, 2006): Communication from Steward Sandstrom, Dubuque Area Chamber of Commerce, requesting that he or designees of the Chamber be given an opportunity to address the Council regarding the second reading of the ordinance to regulate exterior storage containers, presented and read. Steward Sandstrom, President of the Dubuque Chamber of Commerce, spoke in opposition to the proposed Storage Container Ordinance. An Ordinance Amending Chapter 11 Building and Building Regulations of the City of Dubuque Code of Ordinances by adopting a new Article Regular Session, February 20, 2006 59 VII. Exterior Storage Containers and Storage Trailers establishing requirements for the use of exterior storage containers and storage trailers, said Ordinance having been presented and read at the Council Meeting of February 6th, now presented for further action. Connors moved that this be considered the second reading of the Ordinance. Seconded by Michalski. Carried by the following vote: Yeas-Buol, Connors, Jones, Michalski. Nays-Braig, Cline, Lynch. Walnut Ridge Estates - Preliminary Plat: Zoning Advisory Commission recommending approval of the preliminary plat of Walnut Ridge Estates as requested by Lester Jennings, presented and read. Lester Jennings and Ken Moore spoke about the proposed development. Connors moved that the communication be received and filed and approved recommendation. Seconded by Michalski. Motion carried 7-0. Golf Car Lease Agreement: City Manager recommending approval of the award of a five- year lease for fifty (50) golf cars for the Bunker Hill Golf Course to Tiziani Golf Car Corporation, presented and read. After discussion, Michalski moved that the communications be received and filed and the lease be awarded to Harris Golf Cars (Yamaha), Peosta, IA. Seconded by Braig. Carried by the following vote: Yeas-Braig, Buol, Connors, Jones, Michalski. Nays-Cline, Lynch. Organizational Development and Diversity Training: City Manager recommending approval of the selection of One Ummah Consulting to perform Organizational Development and Diversity Training for City employees at a cost of $79,200, presented and read. Cline moved to table this training until after the adoption of the Fiscal Year 2007 Budget. Seconded by Michalski. Motion carried 7-0. City Electrical Ordinance: City Manager recommending approval of six changes to the administrative portion of the City's Electrical Code to make the Electrical Code Board more user friendly and to add some clarity to the various descriptions, presented and read. Connors moved that the communication be received and filed. Seconded by Braig. Motion carried 7-0. An Ordinance Amending City of Dubuque Code of Ordinances Chapter 18 Electricity, Section 81-2 National Electrical Code- Amendments, by amending Section 81-3 Electrical Code Board by increasing the number of members from five to seven and providing for regular and special meetings; by amending Section 83-1 Definitions "Apprentice or Heiper," "Master Electrician/Eiectrical Contractor," and "Journeyman Electrician, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 15-06 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES CHAPTER 18 ELECTRICITY, SECTION 81-2 NATIONAL ELECTRICAL CODE-AMENDMENTS, BY AMENDING SECTION 81-3 ELECTRICAL CODE BOARD BY INCREASING THE NUMBER OF MEMBERS FROM FIVE TO SEVEN AND PROVIDING FOR REGULAR AND SPECIAL MEETINGS; BY AMENDING SECTION 83-1 DEFINITIONS "APPRENTICE OR HELPER," "MASTER ELECTRICIAN / ELECTRICAL CONTRACTOR," AND "JOURNEYMAN ELECTRICIAN" NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. City of Dubuque Code of Ordinances S 81-2 is amended by amending S 81-3(b) and (d)(5) to read as follows: ........ (b) Membership. The electrical code board shall consist of seven (7) members appointed by the city council. Six (6) members shall have a background or experience in electrical engineering, electrical contracting, electrical installation or electrical maintenance, and one (1) member shall be appointed from the public at large. (d) Rules and regulations. The board shall make such rules and prescribe such procedures as may be reasonably necessary for its operation, except that such rules shall include the following: ... '/r"''' (5) Meetings. Regular meetings of the electrical code board shall be held on the 4th Monday in J.anuary, March, May, July, September, and November. Special meetings may be called from time to time by the chairperson, the secretary or the city manager. When the day fixed for any regular meeting of the board falls upon a day designated as a legal or national holiday or city holiday, such meeting shall be held on the next succeeding day not a holiday. The secretary shall give notice to the members of the board if there is no business filed with the secretary to be heard by the board by noon on the Wednesday prior to the regular meeting date and such regular meeting shall stand cancelled. The secretary shall provide notice of the cancellation of the meeting in the same manner as notice of a regular meeting. Members of the electrical code board shall attend at least two- thirds (2/3) of all scheduled meetings within a twelve month period. If any member does not attend such prescribed number of meetings, it 60 Regular Session, February 20, 2006 shall constitute grounds for the board to recommend to the city council that said member be replaced. Section 2. City of Dubuque Code of Ordinances 981-2 is amended by amending or adding in 9 83-1 the following definitions: Apprentice or helper shall mean a person who does not hold a license as a journeyman electrician, maintenance electrician or contractor and who is assisting in the installation, alteration or repair of electrical work under the supervision of a Class I, Ii, or Iii electrical license holder. Under the supervision of a Class I, Ii, or iii electrical license holder shall mean that a Class I, Class Ii, or Class iii certificate competency holder is physically present on the job site and at the same project location and that the apprentice is engaged in the same phase of the project as the Class I, Class Ii, or Class iii certificate competency holder. However, the apprentice is not required to be within sight of the Class I, Class Ii, or Class Iii certificate competency holder at all times. Master electrician/electrical contractor means a person having the necessary qualifications, training, experience, and technical knowledge to pian, layout, install, service and supervise the installation of electrical wiring, electrical equipment apparatus, electrical equipment for light, heat, power, and other purposes and to supervise apprentices, and who is licensed by the board. Journeyman electrician means a person having the necessary qualifications, training, experience, and technical knowledge to wire for or install electrical wiring, electrical apparatus, and electrical equipment, and to supervise apprentices, and who is licensed by the electrical board. Passed, approved and adopted this 20th day of February, . Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 24th day of February, 2006. Jeanne F. Schneider, City Clerk 11 2/24 Connors moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Braig. Motion carried 7-0. Lynch moved final consideration and passage of the Ordinance. Seconded by Connors. Motion carried 7-0. Heeb Street and West 17th Street: City Manager recommending approval of the installation of a stop sign on Heeb Street at West 17th Street, presented and read. Michalski moved that the communication be received and filed. Seconded by Braig. 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 a stop sign at the intersection of Heeb Street and West Seventeenth Street, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 16-06 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY MODIFYING SUBSECTION (b) OF SECTION 32-214 THEREOF PROVIDING FOR THE ADDITION OF A STOP SIGN AT THE INTERSECTION OF HEEB STREET AND WEST SEVENTEENTH STREET NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa, be amended by adding Heeb Street and West Seventeenth Street to Subsection (b) of Section 32-214 thereof as follows: "Sec. 32-214. Stoo Intersections. (b) 1r ." ." ... ." SOUTHBOUND Heeb Street and West Seventeenth Street Passed, approved, and adopted this 20th day of February, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald newspaper this 24th day of February, 2006. Jeanne F. Schneider, City Clerk 1t 2/24 Michalski moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Braig. Motion carried 7-0. Connors moved final consideration and passage of the Ordinance. Seconded by Michalski. Motion carried 7-0. Regional Workforce Investment Board: City Council appointment to the Regional Workforce Investment Board, presented and read. Connors moved that the communication be received and filed and appointed Mayor Buol to this Board. Seconded by Cline. Motion carried 7-0. Old Main Historic District Sidewalks: City Manager recommending that City Council schedule a work session on March 27, 2006 to discuss the Old Main Historic District Sidewalk Paving Options, presented and read. Michalski Regular Session, February 20, 2006 61 moved that the communication be received and filed and approved recommendation. Seconded by Braig. Motion carried 7-0. At 9:58 p.m. Michalski moved to go into Closed Session re: Pending Litigation and Property Acquisition - Chapter 21.5(1 Hc)m 2005 Code of Iowa. Seconded by Braig. Motion carried 7-0. At 10:17 p.m. Council reconvened Regular Session stating proper direction had been given staff. There being no further business, Michalski moved to adjoum. Seconded by Lynch. Motion carried 7-0. The meeting adjourned at 10:18 p.m. Isl Jeanne F. Schneider, CMC City Clerk 11 3/1 Approve Council Members 2006 2006 'lU/~L~a/ 62 Special Session, February 21, 2006 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, February 21, 2006 Council met in Special Session at 6:30 P.M. in the Library Auditorium Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski, City Manager Van Milligen Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of discussing various City departmental budgets and conducting a public hearing on the CDBG Fiscal Year 2007 Annual Action Pian. The budgets for the following City departments were discussed: Economic Development Department, Parking Division, Transit Division, Planning Services Department, and Housing and Community Development Department. Economic Development Department: Michalski reminded staff and Council that the City needs the Des Moines initiative as much as the Washington, DC initiative. Connors requested an ongoing update on the Community Marketing program. Transit Division: Discussion centered on the paratransit (mini-bus) operation and the need for additional property tax support. The main reasons for the increase relate to personnel, diesel fuel and vehicle maintenance costs. Options recommended to address the Transit shortfall include implementing a fare increase, development of a policy for no-shows and late cancellations, reviewing the various contracts for mini-bus service, reviewing the eligibility of current ridership, developing a better process for bus repairs/maintenance and additional property tax support. Sarah Davidson, 125 West 9th Street, spoke of the importance of the paratransit service and that making the numbers balance should not be the number one priority. She stated that in her opinion neither the mini-bus nor fixed route operations were being run property. She also spoke of the number of times mini-bus service is requested and denied. Michalski commented that the transit operation needed to be addressed more often than just during the budget process. Parking Division: Michalski requested a breakout of the number of handicapped parking spaces by type - street meters, parking lots, and parking ramps. Jones requested that the use of credit cards/A TM cards be looked at for the parking ramps. Planning Services Department: Michaiski requested that in addition to the many groups identified to participate in the Comprehensive Bluffs Plan, that the BVM Sisters be included. Charles Winterwood, Chairperson of the Long Range Planning Advisory Commission, spoke in support of funding the Comprehensive Biuffs Plan study. Housing and Community Development Department: Staff explained how the reduction in Community Development Block Grant funds would be covered. A public hearing was held on the Fiscal Year 2007 (Program Year 2006) Community Development Block Grant Annual Action Plan. Chris Olson, 1090 Grove Terrace, spoke of the importance of the Community Development Block Grant Program and urged the City Council to continue to communicate this to area legislators. Michalski commented she was glad to see that the Neighborhood Recreation program and Senior Center budgets were not recommended for cuts. Michalski moved that the public hearing be ciosed. Seconded by Braig. Motion carried 7-0. The remainder of the Housing and Community Development Department budget was then presented. Beverty Berna, Dubuque County Extension Office, congratulated the City Council on the various partnerships that have been developed and spoke of working with the Housing and Community Development Department on neighborhood initiatives and the Multi-Cultural Center. There being no further business, Cline moved to adjoum. Seconded by Connors. Motion carried 7-0. The meeting adjourned at 9:17 p.m. /s/ Jeanne F. Schneider, CMC City Cierk 1t3/1 Special Session, February 21, 2006 63 APproved0'~~~-t 3- Adopted - ,4f''i';7t~~- .:) 2006 2006 Counc:H Members ~ ~d~~e~~g Ity Clerk 64 Special Session, February 23, 2006 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, February 23, 2006 Council met in Special Session at 6:30 P.M. in the Library Auditorium Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski, City Manager Van Milligen Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of discussing various City departmental budgets. Airport Department: Airport Commission Chairperson Teri Goodmann stated that the Airport is vital to Dubuque and the position of Marketing Director is essential to its success. She further stated that although the position was not recommended for funding, the Commission would be striving to find ways to fund it. Connors and Lynch both agreed that the position was much needed. Michalski questioned what would happen to the land proposed to be purchased for the new terminal building if that project did not materialize. Goodmann stated the purchase at this time is extremely necessary in order for the Airport to move forward. Library Department: Discussion centered on the amount of staffing available at the Library and what would be necessary for the Library to be re-opened to the pubiic on Thursday momings. The proposed renovation project was also discussed. Health Services Department: Council commended Public Health Specialist Mary Rose Corrigan for her work in making the Community Health Center a reality. Michalski questioned whether the Health Services Department would be involved with the disaster training (NIMS) that Council would be receiving in the upcoming months and also if the City was preparing for the possibility of a flu epidemic. Sr. Helen Huewe expressed appreciation to the City Council for funding of the Community Health Center and spoke of what a positive it would be for the community. John Davis, Business Manager for the Rescue Mission, commented that the free clinic at the Rescue Mission had over 625 patients in the last year and that there was a great need for the Community Health Center. Kevin Anderson, recently appointed Executive Director of the Community Health Center, thanked the City Council for their assistance in bringing the Center to Dubuque. Rod Tokheim, Mercy Health Center, spoke in support of the Community Health Center and stated that Mercy is fully committed to it along with The Finley Hospital and Medical Associates. Nan Collins, Visiting Nurse Association, spoke of the positive benefit the Community Health Center will have on the community. Jane McCall, Dubuque Humane Society, spoke of the positive working relationship between the Health SerVices Department and the Humane Society and thanked the City Council for their support. Purchase of Services: Sue Czeshinski, speaking for Steward Sandstrom of America's River, provided an overview of upcoming events. Sue Czeshinski, Dubuque Area Chamber of Commerce - Convention and Visitors Bureau, provided a brief update on CVB's activities. Kelley Cooper, Dubuque Area Labor Management Council, highlighted projects undertaken in the past year. Dan LoBianco, Dubuque Main Street Ltd., thanked the Council for their support and gave an update of Main Street's activities. Bill Baum, Greater Dubuque Deveiopment Corporation, expressed appreciation for past and future funding. Cathy Fuchs, Prevention Specialist at Helping Services of Northeast Iowa, spoke of the work the organization does. Gary Carstens, Lifetime Center, expressed appreciation to the City for their support and spoke of the Center's plan to either downsize or move to a new location. He also stated their focus was changing more towards health and wellness for older adults. Tom Stovall, Operation: New View, updated the Council on the various programs offered by Operation: New View and expressed concems about projected Federal budget cuts. He requested that City Council submit a ietter to Federal legislators in support of continued funding for the Community Services Biock Grant Program. He was requested to provide a fact sheet to the City Manager. Steve Jacobs, Project Concern, updated the City Council on the Child Care Referral Program, Foster Grandparent Program and Information and Referrai and thanked the Council for their continued support. Bob Schroeder, Director of RSVP - Retired Senior Volunteer Program, briefly summarized RSVP's activities and the positive role it piays in the community. He stated that the funding from the City is critical to its continued operation. Diane Thomas, Substance Abuse Services Center, expressed appreciation to the City Special Session, February 23, 2006 Council for their support and spoke of the changes in the area of substance abuse since the inception of the Center. There being no further business, Connors moved to adjourn. Seconded by Braig. Motion carried 7-0. The meeting adjourned at 8:48 p.m. Isl Jeanne F. Schneider, CMC City Clerk 113/1 Councii Members 65 2006 2006