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Council Proceedings March 06 Special Session, March 2, 2006 67 DUBUQUE CITY GOVERNING BOARD OF THE MUNICIPAL HOUSING AGENCY OFFICIAL PROCEEDINGS Governing Board of the Municipal Housing Agency, March 2, 2006 Board met at 6:15 P.M. in the Pubiic Library Auditorium Present: Chairperson Buol, Members Braig, Cline, Connors, Lynch, Michaiski, Plein Absent: Jones Chairperson Buol read the call and stated this is a session of the Governing Board of the Municipal Housing Agency called for the purpose of discussing the FY 2007 Operating Budget for the Assisted Housing Programs of the Housing and Community Development Department. RESOLUTION NO. 63-06 APPROVING THE FISCAL YEAR 2007 OPERATING BUDGET FOR THE ASSISTED HOUSING PROGRAMS OF THE HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT Whereas, the US Department of Housing and Urban Development (HUD) has required that a governing board be constituted for purposes of approving certain actions of the municipal housing agency; and Whereas, the City Council has duly constituted the governing board of the municipal housing agency of the City of Dubuque by passage of Ordinance No. 5-02; and Whereas, passage of the operating budget for the Assisted Housing Programs of the Housing and Community Development Department is an action required of the governing board; and Whereas, the governing board has detenmined that approval of the operating budget is in the best interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The operating budget for the Assisted Housing Programs of' the Housing and Community Development Department for Fiscal year 2007 is hereby approved. Passed, approved and adopted this 2"' day of March 2006. Roy M. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Plein moved adoption of the Resolution. Seconded by Michalski. Motion carried 7-0. There being no further business, Connors moved to adjourn. Seconded by Michalski. Motion carried 7-0. The meeting adjourned at 6:18 P.M. /s/ Jeanne F. Schneider, CMC City Clerk 11 3/10 Approved: 2006 Adopted 2006 Mayor Council Members Attest: City Clerk 68 Special Session, March 2, 2006 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, March 2, 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, City Attorney Lindahl Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting a public hearing on the Fiscal Year 2007 budget and capital Improvement program. Proofs of publication on Notice of Public Hearing on Budget Estimate for Fiscal Year 2007 and Notice of Pubiic Hearing on Five Year Capital Improvement Program beginning July 1, 2006 through the fiscal year ending June 30, 2011, City Managers revised Fiscal Year 2007 budget recommendations, presented and read. Michalski moved that the proofs and communication be received and filed. Seconded by Connors. Motion carried 7-0. Michalski moved that the rules be suspended to allow anyone present to address the Council if they so desire. Seconded by Cline. Motion carried 7-0. Public input and discussion on departments in the following order: Human Rights - Mauro Noeguelra from Brazil spoke and requested that minorities in Dubuque do the diversity training. Marcia Sola spoke in regard to the involvement of minorities in the diversity training. Finance - no comments; Legal - no comments' City Manager's Office - no comments; CitY Council - no comments; City Clerk's Office - no comments; Emergency Communications - no comments; Emergency Management - no comments; Fire Department - no comments' Police Department ~ no comments; Building Services Department -' no comments; Water Department - no comments; Water Pollution Control Plant - no comments; Public Works Department - no comments; Engineering Department - no comments; Civic Center Division - no comments; Recreation Division - no comments, Park Division - no comments' Information Services Department - n~ comments; Cable TV Division - no comments' Economic Development Department - n~ comments; Parking Division - no comments; Transit Division - no comments; Library Department - no comments; Housing and Community Development Department - no comments; Airport Department - no comments' Health Services Department - no comments: Planning Services Department - no comments: Purchase of Services - no comments; Capitoi Improvement Program - no comments. Michalski moved that the rules be reinstated iimiting discussion to the Council. Seconded by Cline. Motion carried 7-0. Communications from Katie Bahl, Dubuque Main Street; Susan J. Riedel, Bell Tower Theater; and Jeffrey S. Goldsmith, Dubuque Symphony Orchestra, in support of continued funding of the arts and cultural affairs in the City, and commUnication from Chris Olson, President of the Historic Bluffs Neighborhood Association in support of the expansion of the COPS Program, presented and read. Braig moved that the communications be received and filed. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 64..06 ADOPTING THE CITY OF DUBUQUE FISCAL YEAR 2006 ANNUAL BUDGET NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the annual budget for the fiscal year ending June 30, 2007, as set forth in the Adoption of Budget and Certification of Taxes and supporting state budget forms showing the revenue estimates and appropriation expenditures and allocations to programs and activities for said fiscal year as amended, is adopted. ' Section 2. The City Clerk is directed to make the filings required by law. Passed, approved and adopted this 2nd day of March, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Braig moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 65-06 ADOPTING THE CITY OF DUBUQUE FIVE YEAR CAPITAL IMPROVEMENT PROGRAM Whereas, a recommended five year Capital Improvement Program for the period beginning July 1, 2006, and ending June 30, 2011, for the City of Dubuque has been prepared and submitted to the City Council; and Whereas, the five year Capital Improvement Program describes specific capital improvement proJects, provides estimated costs for those projects, proposes sources of funds for each of them, and schedules the year during which each project will be undertaken: and Special Session, March 2, 2006 69 Whereas, the capital improvement projects for the first year are included in the Fiscal Year 2007 budget for the City of Dubuque; and Whereas, the five year Capital Improvement Program will be reconsidered annually by the City Council and appropriately revised; and Whereas, the adoption of the five year Capital Improvement Program is a prudent measure to provide continuity of programs and is in the best interest of the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 . That the five year Capital Improvement Program for the period beginning July 1, 2006, set out in the Fiscal Year 2007- 2011 Recommended Capital Improvement Budget, is hereby approved and adopted as the proposed allocation of City resources for capital improvements as scheduled in the years shown, subject to annual review and revision. Passed, approved and adopted this 2nd day of March, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Cierk Braig moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 66-06 RESOLUTION ADOPTING THE FISCAL YEAR 2007 (PROGRAM YEAR 2006) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL PLAN Whereas, the City of Dubuque has, through a series of public meetings and hearings, finalized a Fiscal Year 2007 (Program Year 2006) Community Development Block Grant Annual Action Plan addressing both housing and non- housing needs in the community; and Whereas, copies of the draft Fiscal Year 2007 (Program Year 2006) CDBG Annual Plan have been available for public comment 30 days prior to City Council action; and Whereas, the City's Community Development Advisory Commission has reviewed and recommended adoption of the Annual Plan; and Whereas, the City Council held a public hearing on the proposed pian on February 21, 2006 and approved the FY 2007 Annual Plan as amended. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Community Development Block Grant Annual Action Plan, attached hereto as Exhibit A and by this reference made a part hereof, is hereby adopted. Section 2. That the City Manager is hereby authorized and directed to prepare and to submit to the United States Department of Housing and Urban Development the Fiscal Year 2007 (Program Year 2006) Annual Action Plan for the use of Community Development Block Grant funds based on this adopted budget. Passed, approved and adopted this 2nd day of March 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Braig moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. An Ordinance Amending the Code of Ordinances of the City of Dubuque, Iowa, Sections 44-201 (a) Fixing water rates for residential, commercial, industrial, and all other uses, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 17-06 AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES SECTION 44-201(a) FIXING WATER RATES FOR RESIDENTIAL, COMMERICAL, INDUSTRIAL, AND ALL OTHER USES NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 44-201 (a) of the City of Dubuque Code of Ordinances is hereby amended to read as follows: Section 44-201. Residential, Commercial, Industrial and All Other Uses. (a) The rates to be charged for water for residential, commercial, industrial and all other uses and purposes by any person, firm or corporation within the City shall be based on units of one-hundred cubic feet (748 gallons) as follows: Monthlv Consumetion lin Hundreds of Cubic Feet) Charae Per Hundred Cubic Feet First 30 $1.80 Next 120 $1.47 Next 350 $1.36 Next 500 $1.21 Next 1,000 $1.06 Rates shall be subject to the fallowing minimum monthiy charge according to the size of the meter Meter Size (Inches) Monthiv Consumetion (In Hundreds of Cubic Feet) Minimum Charae 5/8 2 $ 3.60 Y. 5 $ 9.00 1 8 $ 14.40 1 Y, 26 $ 46.80 2 46 $ 77.52 3 106 $ 165.72 4 168 $ 254.88 6 368 $ 526.88 8 625 $ 857.65 A $5.00 minimum monthly charge will be assessed for meters not in service. 70 Special Session, March 2, 2006 Section 2. This Ordinance shall take effect July 1, 2006. Passed, approved and adopted this 2nd day of March, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 15th day of March, 2006. Jeanne F. Schneider, City Clerk 1t 3/15 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 Lynch. Motion carried 7-0. Michalski moved final consideration and passage of the Ordinance. Seconded by Lynch. Motion carried 7-0. An Ordinance amending the City of Dubuque Code of Ordinances Section 44-202 Fixing water rates for fire sprinkler services, presented and . read. OFFICIAL PUBLICATION ORDINANCE NO. 18-06 AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES SECTION 44-202 FIXING WATER RATES FOR FIRE SPRINKLER SERVICE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 44-202 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: Section 44-202 Fire Sprinkler Service (a) Customers who have fire sprinkler service shall be billed for this service on a monthly basis. The monthly charge shall be as follows: NUMBER OF HEADS CURRENT MONTHLY CHARGES Up to 200 (minimum monthly charge) $ 10.76 200-300 $ 12.92 300-400 $ 15.07 400-600 $ 17.21 600-800 $ 19.36 800-1,000 $ 21.53 1,000-1,200 $ 23.68 1,200-1,400 $ 25.81 1,400-1,600 $ 27.98 1,600-1,800 $ 30.13 1,800-2,000 $ 32.27 2,000-2,200 $ 34.43 2,200-2,400 $ 36.56 2,400-2,600 $ 38.73 2,600-2,800 $ 40.89 2,800-3,000 $ 43.09 3,000-3,500 $ 45.18 Over 3,500 (for each addijional 500 heads or fraction thereof) $ 2.16 Section 2. This Ordinance shall take effect July 1, 2006. Passed, approved and adopted this 2"' day of March, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Published officiall~ in the Telegraph Herald newspaper this 15' day of March, 2006 and republished June 20, 2006. Jeanne F. Schneider, City Clerk 1 t 3/20 & 6120 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 Lynch. Motion carried 7-0. Michalski moved final consideration and passage of the Ordinance. Seconded by Lynch. Motion carried 7-0. An Ordinance amending the Code of Ordinances of the Cijy of Dubuque, Iowa, Sections 44-83(a)(2) and 44-83(a)(3)g Establishing basic sewer rates for residential and commercial users by increasing the rates, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 19-06 AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES SECTIONS 44-83(a)(2) and 44-83 (a) (3)9 ESTABLISHING BASIC SEWER RATES FOR RESIDENTIAL AND COM- MERCIAL USERS BY INCREASING THE RATES NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 44-83 (a)(2) of the City of Dubuque Code of Ordinances is amended to read as follows: Section 44-83 (a)(2) Schedule of Rates: Rates per each one hundred (100) cubic feet $1.97 Section 2. Section 44-83 (a)(3)g of the City of Dubuque Code of Ordinances is amended to read as follows: Where the quantity of water consumed is such that the minimum service is charged, the minimum sewer service charge, according to the size of the meter, shall be as follows: Meter size Minimum Allowance (inches) Charge (cubic feet) 5/8 $ 3.95 200 3/4 $ 9.86 500 1 or larger $ 15.78 800 Section 3. This Ordinance shall take effect upon publication. Passed, approved and adopted this 2nd day of March, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Special Session, March 2, 2006 71 Published officially in the Telegraph Herald newspaper this 1 ih day of March, 2006. Jeanne F. Schneider, City Clerk 1t 3/17 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 Lynch. Motion carried 7-0. Michalski moved final consideration and passage of the Ordinance. Seconded by Lynch. Motion carried 7-0. An Ordinance amending the City of Dubuque Code of Ordinances Section 40-1 Defining food scraps and other compostable materials, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 20-06 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES SECTION 40-1 DEFINING FOOD SCRAPS AND OTHER COMPOST- ABLE MATERIALS NOW, THEREFORE, BE IT ORDAINED BY CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 40-1 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: Sec. 40-1. Definitions: For the purpose of this chapter the following definitions shall apply: Building Materials: Any material such as lumber, fioor coverings, brick, plaster, sheet metal or any other substances accumulated as a result of repairs or additions to existing buildings, construction of new buildings or demolition of existing structures. Class I Premises: Shall mean and include: (1) Single-family dwellings; (2) Multiple-family dwellings up to and including six (6) dwelling units. (3) Dwelling units in business or commercial premises. Where two (2) or more laterally connected or joined dwelling units, including condominiums, townhouses and row houses, in which each dwelling unit has separate access and utility service, each dwelling unit shall constitute a single-family dwelling. Class II Premises: Residential premises other than class I residential premises, including: (1) Dwellings in trailer courts; (2) Schools, colleges, churches, convents, nursing homes, rooming houses and other semiprivate institutions; and (3) Multiple-family dwellings exceeding six (6) dwelling units. Class III Premises: All business and commercial premises, including that part of a residential premises with a business or commercial use. Dwelling: Shall mean and include any building or portion thereof containing one or more dwelling units. Dwelling Unit: Shall mean and include one or more connected rooms having complete kitchen facilities and arranged, designed or used as living quarters for one family only. Food Scraps: Solid, semisolid and liquid animal and vegetable residuals resulting from the handling, preparing, cooking, storing, serving and consuming of food. Garbage: All solid and semisolid, putrescible animal and vegetable wastes resulting from the handling, preparing, cooking, storing, serving and consuming of food or of material intended for use as food, and all offal, excluding useful industrial byproducts, and shall include all such substances from all public and private establishments and from all residences. Hazardous Wastes: Waste materials, including, but not limited to, poisons, pesticides, herbicides, acids, caustics, biohazardous wastes, flammable or explosive materials and similar harmful wastes which require special handling and which must be disposed of in such a manner as to conserve the environment and protect the public health and safety. Other Compostable Materials: Napkins, plates, cups, bowls, toweis, tissues, and take-out containers made from paper as well as other materiais as approved by the city manager. Owner.' In addition to the record titleholder, any person residing in, renting, leasing, occupying, operating or transacting business in any premises and as between such parties, the duties, responsibilities, liabilities and obligations hereafter imposed shall be joint and several. Premises: A building or part of a building and its grounds. Recyclable Materials: Materials, including, but not limited to, food container glass, aluminum, steel (tin) cans, #1 and #2 plastic bottles, uncontaminated newspapers and glossy paper (magazines). Newspapers and glossy paper shall be considered uncontaminated if they have not been exposed to substances or conditions rendering them unusable for recycling. Refuse: Putrescible and nonputrescibie wastes including, but not limited to, garbage, rubbish, ashes, incinerator ash, incinerator residues, street cleanings, market and industrial solid wastes and sewage treatment wastes in dry or semisolid form. Rubbish: Nonputrescible solid waste consisting of combustible and noncombustible wastes, such as furniture, appliances, tires, building materials or similar wastes. Solid Waste: Garbage, refuse, rubbish, and other similar discarded solid or semisolid materials, including, but not limited to, such materials resulting from industrial, commercial, agricultural, and domestic activities. Solid waste 72 Special Session, March 2, 2006 includes vehicles. Solid waste does not include toxic and hazardous wastes as defined by the Iowa department of natural resources. Yard Waste: Debris such as grass clippings, ieaves, garden wastes, brush and trees as defined by the iowa department of natural resources. Yard waste does not include tree stumps. (Ord. 54-93, ~ 1, 9-20-1993; Ord 19-97, ~ 1,3-4-1997, eff. 7-1-1997) Section 2. This ordinance shall take effect on the 3rd day of April, 2006. Passed, approved and adopted this 2nd day of March, 2006. Roy D. Buo[, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 151h day of March, 2006. Jeanne F. Schneider, City Clerk 11 3/15 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 Lynch. Motion carried 7-0. Michalski moved final consideration and passage of the Ordinance. Seconded by Lynch. Motion carried 7-0. An Ordinance Amending the City of Dubuque Code of Ordinances Section 40-37 paragraphs (a),(b), (c), and(e) establishing charges for the collection and disposal of solid waste materials, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 21-06 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES SECTION 40-37 PARA- GRAPHS (a), (b), (c), and (e) ESTABLISHING CHARGES FOR THE COLLECTION AND DISPOSAL OF SOLID WASTE MATERIALS NOW, THEREFORE, BE IT ORDAINED BY CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 40-37, paragraphs (a), (b), (c), and (e), of the City of Dubuque Code of Ordinances are hereby amended to read as follows: Sec. 40-37. Charges-Amounts; Exceptionsl: (a) Class I Premises: Except as qualified below, a fee of nine dollars and forty six cents ($9.46) per dwelling unit per month shall be paid to the city by the property owner of each class I premises for such services. Said fee shall be in payment for collection and disposal of one 35- gallon can or one 35-gallon trash bag of "solid waste" as defined in this chapter. There is no limit on the number of bins allowed to be collected containing acceptable "recyclable materials" as defined in this chapter. Exceptions to the collection charges for class I premises are as follows: (1) When a class [ premises has been vacant for a period not less than three (3) consecutive months, the owner may apply to the city manager for a credit under procedures to be established by the city manager. Such credit shal[ continue only so long as the class I premises is vacant. (2) Class I premises when the head of the household is sixty five (65) years of age or older and has an annual income equal to or less than the income standards used by HUD for its "section eight (8) housing program" for one- and two-person households may, upon application to the city manager, be exempted from one-half (1/2) the established collection charge. After the initial application, annual application shall be made by the head of household on July 1 of each year to verify annual income and eligibility. (3) In cases of extreme financial hardship, the city manager, may and is hereby authorized and empowered to, make adjustments in the monthly collection charges as the city manager may deem appropriate. In such cases, the city manager shall have the authority to require such proof of vacancy, financial status, age or extreme hardship, as the city manager may deem necessary. (4) Class I premises when a family household of five (5) or more persons has an annual income equal to or less than the income standards used by HUD for its "section eight (8) housing program" for the size of that household may, upon application to the city manager, be exempted from one-half (1/2) the established collection charge. After the initial application, annual application shall be made by the head of household on July 1 of each year to verify annual income and eligibility. (b) Class 11 Premises: A fee of nine dollars and forty six cents ($9.46) per month shal[ be paid to the city by the property owner of eaclh class II premises for such services. Said fee shall be in payment for col[ection and disposal of one 35-gallon can or one 35-gallon trash bag of "solid waste" as defined. There is no limit on the number of bins allowed to be collected containing acceptable "recyclabie materials" as defined. The owner of a class II premises served by the city solid waste collection may provide the city manager with not less than fourteen (14) days' written notice of intent to temninate the service. Such termination of service shall be effective at the beginning of the next billing period after such fourteen (14) day notice period. (c) Class 111 Premises: A fee of nine dollars and forty six cents ($9.46) per month shall be paid to the city by the property owner of each class III premises for such services. Said fee shall be in payment for collection and disposal of one 35-9allon can or one 35-gallon trash bag of "solid waste" as defined. There is no limit on the Special Session, March 2, 2006 73 number of bins allowed to be collected containing acceptable "recyclable materials" as defined. The owner of a class III premises served by city solid waste collection may provide the city manager with not iess than fourteen (14) days' written notice of intent to terminate the service. Such tenmination of service shall be effective at the beginning of the next billing period after such fourteen (14) day notice period. (d) Class I, II Or III Premises: Collection options and charges under unit based pricing for class I, II and III premises are as follows: (1) A yearly subscription for weekly collection of an additional standard solid waste container, or containers, may be subscribed for an additional five dollars ($5.00) each per month. The subscription ends each year on June 30. A subscription may not be canceled before June 30. (2) A three (3) month subscription for weekly collection of an additional standard solid waste container, or containers, may be subscribed for an additional five dollars ($5.00) each per month. The four (4) subscription periods are July, August and September; October, November and December; January, February and March; and, April, May and June. A subscription may not be canceled. (3) Oversize, nonstandard rigid solid waste containers of up to fifty (50) gallons in capacity may be subscribed as the one container covered under the base monthly solid waste fee for an additional two dollars ($2.00) per month. Such containers shall be holders for standard trash bags for manual removal by city crews, shall not contain any loose material, and shall not be lifted and dumped by crews. Individual trash bags held in the oversized container shall weigh no more than forty (40) pounds. (4) A yearly subscription for weekly collection of an additional oversized solid waste container, or containers, may be subscribed for an additionai seven dollars ($7.00) each per month. The subscription ends each year on June 30. A subscription may not be canceled before June 30. (5) A three (3) month subscription for weekly collection of an additional oversize solid waste container, or containers, may be subscribed for an additional .seven dollars ($7.00) each per month. The four (4) subscription periods are Juiy, August and September; October, November and December; January, February and March; and, April, May and June. A subscription may not be canceled. (6) Solid waste carts, owned by the city for semi automated lifting, may be subscribed by owners and/or property managers of dass I, II and III premises. The customer shall choose the number and size of the cart. The fee for a sixty- five (65) gallon city cart shall be eighteen dollars and fifty cents ($18.50) each per month. The fee for a ninety-five (95) gallon city cart shall be twenty seven dollars ($27.00) each per month. (7) Official city of Dubuque single use stickers costing one dollar and twenty cents ($1.20) shall be applied to each additional standard solid waste container or small bulky or bundled item in excess of the one standard solid waste container collected under the base monthly solid waste fee or any additional subscribed container(s). (8) Multiple-family dwellings of three (3), four (4), five (5), and, six (6) dwelling units as well as class II or class III premises sharing a common set out iocation with other city solid waste customers shall only use approved rigid solid waste containers with permanent identification as to the specific premises. However, for the two (2) weeks following Christmas excess solid waste may be set out in trash bags with applied city of Dubuque single use stickers. (e) Special Collection: The charge for a special collection service for large and bulky rubbish to each dwelling unit receiving such service when requested by the owner shall be as follows: (1) A fee of seven dollars ($7.00) shall be paid by the owner for each time the service is provided for up to the equivalent of three (3) cubic yards of solid waste. (2) An additional fee of seven dollars ($7.00) shall be paid for each additional three (3) cubic yards of solid waste. (3) An additional fee for tires, equal to the disposal fees charged at the Dubuque Metro landfill, shall be paid to the city by the owner for each tire. (4) An additional fee of twelve dollars and fifty cents ($12.50) shall be paid to the city by the owner for each appliance collected in the service. (5) An additional fee of ten dollars ($10.00) shall be paid to the city by the owner for each collection requested by the owner to be scheduled for service on a day not receiving weekly collection at the service address. (6.) An additional fee of ten dollars ($10.00) shall be paid to the city by the owner for each collection requested by the owner to be scheduled for immediate service or whenever crews are sent back to the service address to collect items that were not properly set out on time as previously scheduled. Section 2. This ordinance shall take effect on the 1 st day of July, 2006. Passed, approved and adopted this 2nd day of March, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 15th day of March, 2006. Jeanne F. Schneider, City Clerk 74 Special Session, March 2, 2006 11 3/15 Michalski 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 Lynch. Motion carried 7-0. Michalski moved final consideration and passage of the Ordinance. Seconded by Lynch. Motion carried 7-0. An Ordinance amending the City of Dubuque Code of Ordinances Section 40-39 by amending paragraph (b), adding a new paragraph (e) and renumbering former paragraph (e) as paragraph (I), establishing rules and charges for the collection and disposal of food scraps and other household compostable materials with yard waste materials, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 22-06 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES SECTION 40-39 BY AMENDING PARAGRAPH (b), ADDING A NEW PARAGRAPH (e), AND RENUMBERING FORMER PARAGRAPH (e) AS PARAGRAPH (f), ESTABLISHING RULES AND CHARGES FOR THE COLLECTION AND DISPOSAL OF FOOD SCRAPS AND OTHER HOUSEHOLD COMPOSTABLE MATERIALS WITH YARD WASTE MATERIALS. NOW, THEREFORE, BE IT ORDAINED BY CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Section 1. Section 40-39 (b) of the City of Dubuque Code of Ordinances is hereby amended to read as follows; Sec. 40-39. Yard Waste And Food Scraps; (a) Yard waste shall be separated by the owner of a premises from all other solid waste. (b) An owner may compost such person's own yard waste' and food scraps on such person's own premises provided the same is stored in such a manner as to not create a fire, health or safety hazard. (c) Yard waste that has not been composted by the owner of the premises shall be collected by the city not more than once each week according to the collection schedule established by the city manager from April through November each year: Christmas trees shall be collected separately from all other solid waste once each week for two (2) weeks after the Christmas holiday according to the provisions of this chapter. (d) Yard waste collected by the city shall be placed in degradable paper bags with an affixed single use tag or in permanent waste containers with an affixed single use tag or in permanent waste containers with an affixed annual yard waste permit or be contained by tying devices approved by the city manager. The charges for collection and disposal of "yard waste" as defined shall be as follows; (1) The fee for tying devices approved by the city manager shall be one dollar and 20 cents ($1.20) each. (2) The fee paid to the city by a property owner for an annual yard waste permit for a permanent waste container shall be twenty six dollars ($26.00) each through June 30 of each year. The fee shall be reduced by one-half (112) on July 1 of each year, and again by one-half (1/2) on September 1 of each year. A permit shall only be used by the property owner who purchased it. (3) The fee for single use tags shall be one dollar and twenty cents ($1.20) each. Section 2. The following new Section is hereby adopted; (e) Subscribers to the food scrap collection pilot program, commencing April 3, 2006, and ending November 30, 2007, shall set out city- owned carts containing food scraps and other compostable materials. (1) Such carts shall be co-collected with yard waste from April through November. (2) Such carts shall be set out with attached annual yard waste permits or single use tags as approved by the city manager. (3) Such carts shall be set out weekly to reduce potential nuisance concems. Failure to use, store or set out the cart properly shall cause the subscription to be terminated. Section 3. Section 40-39 (e) is renumbered and adopted as follows; (I) No person shall deposit any yard waste or food scraps in any public right of way. (Ord. 54- 93, S 1, 9-20-1993; Ord. 16-95, S 1, 3-8-1995; Ord. 16-96, S 1, 3-18-1996; Ord. 14-02, S 3, 3-5- 2002) Section 4. This ordinance shall take effect on the 3rd day of April, 2006. Passed, approved and adopted this 2nd day of March, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 15th day of March, 2006. Attest: Jeanne F. Schneider, City Clerk 1t 3/15 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 Lynch. Motion carried 7-0. Michalski moved final consideration and passage of the Ordinance. Seconded by Lynch. Motion carried 7-0. An Ordinance amending the City of Dubuque Code of Ordinances Section 440274(d) SFJ Rate, Charges, Utility Revenues for the Stormwater Utility, presented and read. Special Session, March 2, 2006 75 OFFICIAL PUBLICATION ORDINANCE NO. 23-06 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES SECTION 44-247(d) SFU RATE, CHARGES, UTILITY REVENUES. NOW, THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That City of Dubuque Code of Ordinances Section 44-274(d) is amended to read as follows: (d) The SFU rate to be applied to residential and nonresidential properties shall be as follows: (1) For the period July 1. 2006 through June 30, 2007 the SFU rate shall be $2.25 per SFU; (2) For the period July 1. 2007 through June 30, 2008 the SFU rate shall be $3.25 per SFU; (3) For the period July 1, 2008 through June 30. 2009 the SFU rate shall be $4.00 per SFU; (4) For the period July 1, 2009 through June 30. 2010 the SFU rate shall be $4.25 per SFU; (5) For the period July 1, 2010 through June 30. 2011 the SFU rate shall be $4.25 per SFU; (6) For the period July 1, 2011 through June 30, 2033 the SFU rate shall be $5.00 per SFU. Passed, approved and adopted this 2nd day of March, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 15th day of March, 2006. Jeanne F. Schneider, City Clerk 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 Lynch. Motion carried 7-0. Michalski moved final consideration and passage of the Ordinance. Seconded by Lynch. Motion carried 7-0. An Ordinance Amending Section 32-314 of the City of Dubuque Code of Ordinances - Meters - Time and Fee Schedules for Specific Lots, presented and. read. OFFICIAL PUBLICATION ORDINANCE NO. 24-06 AMENDING SECTION 32-314 OF THE CITY OF DUBUQUE CODE OF ORDINANCES METERS - TIME AND FEE SCHEDULES FOR SPECIFIC LOTS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 32-314 of the City of Dubuque Code of Ordinances is amended to read as follows: Section 32-314. Meters-Time and Fee Schedule for Specific Lots: Parking meters on municipally owned parking lots, when installed and properly operated, shall show legal parking upon and after the deposit of United States coins. and in the nonmetered parking lots, parking spaces shall be reserved in accordance with the following schedules: (1) On parking lots no. 1, 2, 3, 5, 6, 7 and 10 the amount of fee shall be displayed on each parking meter and shall indicate the period of time allowed for the particular United States coin deposit after meter has been placed in operation. The maximum parking time allowed shall be indicated on the parking meter assigned to the meter space to which it applies. (2) On parking lot no. 3, reserved parking for each space for the sixteen (16) parking spaces for which parking meters have not been installed shall be rented through lease and agreement approved by city council. (3) On parking lot no. 5, reserved parking for each space for which a parking meter has not been installed shall be reserved by the city for assignment by the city manager for purposes of carrying out the business of city government. (4) On parking lot no. 10, reserved parking for nonmetered spaces shall be between the hours of six o'clock (6:00) A.M. and six o'clock (6:00) P.M. dally excluding Saturdays, Sundays and holidays at a monthly rate of thirty-seven ($37.00), payable each month. (5) On parking lot no. 12, reserved parking for nonmetered spaces shall be between the hours of six o'ciock (6:00) AM. and six o'clock (6:00) P.M. daily, excluding Saturdays, Sundays and holidays at a monthly rate of twenty five dollars ($25.00), payable each month. (6) On parking lot no. 2, reserved parking for each space for the thirty (30) parking spaces for which parking meters have not been installed shall be rented through a lease agreement approved by city council. Reserved parking for nonmetered spaces shall be between the hours of six o'clock (6:00) AM. and six o'clock (6:00) P.M. daily, excluding Saturdays, Sundays and holidays at a monthly rate of twenty seven dollars ($27.00), payable each month. (7) On parking lot no. 1, reserved parking for each space for the thirty (30) parking spaces for which parking meters have not been Installed shall be rented through a lease agreement approved by city council. Reserved parking for nonmetered spaces shall be between the hours of six o'clock (6:00) AM. and six o'clock (6:00) P.M. daily, excluding Saturdays, Sundays and holidays at a monthly rate of twenty seven dollars ($27.00), payable each month. 76 Special Session, March 2, 2006 Notice of such restrictions, as provided for in this section, shall be displayed at each lot. The owner or operator of any vehicle who shall receive notice either personally or by the attaching of such notice to said vehicle If said vehicle is parked in violation of this section shall, when such notice is served upon such owner or operator or attached to said vehicle, pay to the city treasurer as a penalty for such violation the sum of seven dollars ($7.00). In addition the foregoing, the City Manager is authorized to establish fees and charges for the rental of city parking lots or areas for special events. Section 2. This ordinance shall take effect on July 1, 2006. Passed, approved and adopted this 2'd day of March, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially .in the Telegraph Herald newspaper this 15th day of March, 2006. Jeanne F. Schneider, City Clerk 113/15 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 Lynch. Motion carried 7-0. Michalski moved final consideration and passage of the Ordinance. Seconded by Lynch. Motion carried 7-0. An Ordinance Amending the City of Dubuque Code of Ordinances by adding Section 32-306 Establishing Special Use Fees for the Municipal Parking Garages, presented and read. OFFICIAL PUBLICATION ORDINANCE NO, 25-06 ADDING SECTION 32-306 OF THE CITY OF DUBUQUE CODE OF ORDINANCES ESTABLISHING SPECIAL USE FEES FOR THE MUNICIPAL PARKING GARAGES NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Chapter 32 of City of Dubuque Code of Ordinances is hereby amended by adding the following new section: Section 32-306 Establishing Special Use Fees for Municipal Parking Garages: The City Manager is authorized to establish fees and charges for the rental of municipal parking garages for special events. Section 2. This ordinance shall take effect July 1, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk 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 Lynch. Motion carried 7-0. Michalski moved final consideration and passage of the Ordinance. Seconded by Lynch. Motion carried 7-0. Michalski expressed regret that the decision packages regarding youth activities in the Recreation Division budget could not be funded and requested they be looked at again during the next budget process. Braig spoke stressing that additional staffing requests by the various departments were important and that this would be one of her priorities in future years. Cline expressed appreciation to the Budget Director and City Manager for their response to her questions regarding funding of overtime versus additional staff. Buol thanked City Manager Van Milligen, Budget Director Dawn Lang, and the department heads for another outstanding year. There being no further business, Cline moved to adjourn. Seconded by Connors. Motion carried 7-0. The meeting adjourned at 6:51 P.M. /s/ Jeanne F. Schneider, CMC City Clerk 113/13 Approved: 2006 Adopted 2006 Mayor Council Members Attest: City Clerk Regular Session, March 6, 2006 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, March 6, 2006 Council met in Regular Session at 6:30 P.M. in the Library Auditorium Present: Mayor Buoi, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski, Assistant City Manager Steinhauser, City Attorney Lindahl Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of discussing such matters which may properly come before the City Council. Invocation was given by Reverend Joan Haug, Chaplain of Mercy Health Center Prociamation: Mental Retardation Awareness Month (March 2006) received by Julie Jordahl of ARC Advocates CONSENT ITEMS Minutes and Reports Submitted: City Council of 2/14, 2120, 2121, and 2/23; Housing Commission Trust Fund Committee of 6123; Park and Recreation Commission of 2/14; Zoning Board of Adjustment of 2123, presented and read. Connors moved that the minutes be received and filed. Seconded by Cline. Motion carried 7-0. Proofs of publication of City Council Proceedings of February 6 and February 7, 2006 and List of Claims and Summary of Revenues for month ending January 31, 2006, presented and read. Connors moved that the proofs be received and filed. Seconded by Cline. Motion carried 7-0. Notice of Claims/Suits: Tina Marie Hessel vs City of Dubuque, et ai, presented and read. Connors moved that the communication be received and filed and referred to the City Attorney for investigation/report. Seconded by Cline. Motion carried 7-0. City Attorney recommending settlement of the claim of Randy Seay for property damage and directing the Finance Department to issue payment, presented and read. Connors moved that the communication be received and filed and concurred and Finance Department to issue payment. Seconded by Cline. Motion carried 7- O. 77 Iowa State University - Dubuque County Extension: Nancy Everman, County Extension Education Director, submitting the annuai Stakeholders Report for Dubuque County, presented and read. Connors moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. U.S. Conference of Mayors: City Manager recommending approval of funding for the City of Dubuque to participate in the U.S. Conference of Mayors beginning in Fiscal Year 2006, presented and read. Connors moved that the communication be received and filed and approved recommendation. Seconded by Cline. Motion carried 7-0. Legislative Correspondence: City Manager correspondence to area legisiators urging a "no" vote on HSB 697 and SSB 3179 - Deferred Retirement Option Plan (DROP), presented and read. Connors moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. City Manager correspondence to members of the State Senate Judiciary Committee, Ways and Means Committee, Local Government Committee and local legislators encouraging their opposition to HF 2351 regarding changes to the requirements when a city is considertng the use of eminent domain, presented and read. Connors moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. City Manager correspondence to local State Representatives advising that he has written to members of the State Senate encouraging opposition to HF 2351 regarding eminent domain and City Manager correspondence to local legislators encouraging their opposition to HF 2321 (HF 2351) 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. Seconded by Cline. Motion carried 7-0. City Manager correspondence to Representatives Pam Jochum, Pat Murphy, Rick Olson and Walt Tomenga thanking them for their eflorts and vote to oppose HF 2351 regarding the use of eminent domain, presented and read. Connors moved that the communications be received and filed. Seconded by Cline. Motion carried 7-0. City Manager correspondence to local legislators urging support for HSB 530 regardin9 the use of withhoiding tax credits for job creation in urban renewal districts, presented and read. Connors moved that the communications be received and filed. Seconded by Cline. Motion carried 7-0. 78 Regular Session, March 6, 2006 City Manager correspondence to local legislators encouraging them to support 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, presented and read. Connors moved that the communications be received and filed. Seconded by Cline. Motion carried 7-0. City Manager correspondence to Senators Mike Connolly, Tom Hancock, and Roger Stewart encouraging them to oppose SSB 3146 that establishes a State Communication Franchise which would, as proposed, eliminate all existing municipal franchise agreements and replace them with a State Franchise Agreement, presented and read. Connors moved that the communications be received and filed. Seconded by Cline. Motion carried 7-0. City Manager correspondence to Representatives Pam Jochum, Pat Murphy, Thomas Schueller, Steve Lukan, and Ray Zirkelbach urging them to oppose HSB 670, which establishes a State Communication Franchise which would, as proposed, eliminate all existing municipal franchise agreements and replace them with a State Franchise Agreement, presented and read. Connors moved that the communicatiOns be received and filed. Seconded by Cline. Motion carried 7-0. University Avenue Embankment Stabilization Project: City Manager recommending approval to hire IIW Engineers & Surveyors, P.C. to complete the engineering design services for the University Avenue Embankment Stabilization Project in an amount not to exceed $13,900, presented and read. Connors moved that the communication be received and filed and approved recommendation. Seconded by Cline. Motion carried 7-0. University Avenue Culvert Extension/Sanitary Sewer Reconstruction Project: City Manager recommending approval to hire IIW Engineers for design services associated with the University Avenue Culvert Extension and Sanitary Sewer Reconstruction projects, presented and read. Connors moved that the communication be received and filed and approved recommendation. Seconded by Cline. Motion carried 7-0. Upper Catfish Creek Watershed Project: City Manager recommending approval of a letter of support for the Dubuque County Soil and Water Conservation District grant application to fund the Upper Catfish Creek Watershed Project, presented and read. Connors moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. Bergfeld Recreation Area Development Project: City Manager recommending acceptance of the Bergfeld Recreation Area Development Project as completed by Drew Cook & Sons Excavating in the final contract amount of $506,512.99, presented and read. Connors moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 67-06 ACCEPTING IMPROVEMENT WHEREAS, the contract for the Bergfeld Recreation Area Development Project has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, pians and specifications and recommends its acceptance. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 1. That the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the General Fund in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 6th day of March, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Connors moved adoption of the Resoiution. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 68-06 FINAL ESTIMATE WHEREAS, the contract for the Bergfeld Recreation Area Development Project has been completed and the Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs; NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $506,512.99, and the said amount shall be paid from the General Fund of the City of Dubuque, Iowa. Passed, approved and adopted this 6th day of March, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Connors moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. Golf Cart Lease Agreement: City Manager recommending approval of a five-year lease Regular Session, March 6, 2006 79 agreement with Dubuque Bank and Trust Company, the leasing agent for Harris Golf Cars, for fifty golf cars for the Bunker Hill Golf Course, presented and read. Michalski moved that the communication be received and filed and approved recommendation. Seconded by Braig. Motion carried 7-0. Bunker Hill Golf Course Management Agreement: City Manager recommending approval of a management agreement with G.M.S" Inc. (George Stephenson) for the Bunker Hill Golf Course for the period beginning March 1, 2006 through November 30, 2006, presented and read. Connors moved that the communication be received and filed and approved recommendation. Seconded by Cline. Motion carried 7-0. Five Flags HVAC Phase II Project: City Manager recommending acceptance of the Five Flags HVAC Phase II Project as completed by Geisler Brothers Company in the final contract amount of $119,588.05, presented and read. Connors moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 69-06 ACCEPTING IMPROVEMENT WHEREAS, the contract for the Five Flags Center HVAC, Phase II Project has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 1. That the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the General Fund in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 6th day of March, 2006. . Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Connors moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 70-06 FINAL ESTIMATE WHEREAS, the contract for the Five Flags Center HVAC Phase II Project has been completed and the Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs; NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $119,588.05, and the said amount shall be paid from the General Fund of the City of Dubuque, Iowa. Passed, approved and adopted this 6th day of March, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Connors moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. Five Flags Center Renovation Project: City Manager recommending acceptance of the Five Flags Center Renovation Project as completed by Conlon Construction Company In the final contract amount of $1,694,578.48, presented and read. Connors moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 71-06 ACCEPTING IMPROVEMENT Whereas, the contract for the Five Flags Center Renovation Project has been completed and the City Manager has examined the work and filed his certificate stating that the same has been compieted according to the terms of the contract, plans and specifications and recommends its acceptance. NOW, THEREFORE. BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 1. That the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the General Fund in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 6th day of March, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Connors moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 72-06 FINAL ESTIMATE Whereas, the contract for the Five Flags Center Renovation Project has been completed and the Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs; 80 Regular Session, March 6, 2006 NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $1 ,694,578.48, and the said amount shall be paid from the General Fund of the City of Dubuque, Iowa. Passed, approved and adopted this 6th day of March, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Connors moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. Swimming Pool Concession Agreement: City Manager recommending approval of a concession agreement with Choo Choo Charlie's to operate the concession stands at Flora and Sutton swimming pools, presented and read. Connors moved that the communication be received and filed and approved recommendation. Seconded by Cline. Motion carried 7-0. 2006 Sidewalk Inspection Program: City Manager recommending approval of a modification to the Sidewalk Inspection Program allowing a 50 percent permit fee reduction if the sidewalk repair Is completed prior to the initial 30-day deadline, presented and read. Connors moved that the communication be received and filed and approved recommendation. Seconded by Cline. Motion carried 7-0. Stormwater Facilities Fee Agreement: City Manager recommending approval of a proposed Stormwater Facilities Fee Agreement with the development group of The Finley Hospital, Hartig Drug and Dubuque Bank and Trust to provide detention basin services for the development at University Avenue and North Grandview Avenue, presented and read. Connors moved that the communication be received and filed and approved recommendation. Seconded by Cline. Motion carried 7-0. West 32nd Street Detention Basin: City Manager recommending approval to establish the fair market value of a property located at 655 Gillespie Street for purchase of the property for expansion of the West 32nd Street Detention Basin, presented and read. Connors moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 73-06 ESTABLISHING THE FAIR MARKET VALUE OF REAL PROPERTY OWNED BY GARY A. ANDERSON LOCATED AT 655 GILLESPIE STREET IN THE CITY OF DUBUQUE WHEREAS, the City of Dubuque (City) intends to acquire certain properties located in the area adjacent to the West 32nd Street detention basin for purposes of storm water mitigation activities as recommended in the 2001 HDR "Drainage Basin Master Plan;" and WHEREAS, the City intends to purchase real property owned by Gary A Anderson legally , described as: Lot 2-1-8 Gillespies Subdivision, in the City of Dubuque, County of Dubuque, Iowa, (the Property) according to the recorded plat thereof; and WHEREAS, Iowa iaw requires City to make a good faith effort to negotiate with an owner to purchase an interest in real property before proceeding with acquisition by eminent domain; and WHEREAS, City may not make an offer to purchase an interest in property which is less than the fair market value the City has established for the property; and WHEREAS, the City has caused an appraisal of the Property to be made and the appraised value of the Property is One Hundred and Fifty Thousand Dollars ($150,000); and WHEREAS, the City Council now desires to establish the fair market value of the Property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The fair market value of the Property is One Hundred and Fifty Thousand Dollars ($150 000). Section 2. The City Manager and Corporation Counsel are hereby authorized to commence negotiations with the owner for purchase of the Property at a price not less than the fair market value established by this resolution. Passed, adopted and approved this 6th day of March, 2006. Roy 0 Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk Connors moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. Washington Neighborihood Park: City Manager recommending approval of the acquisition of three properties in the Washington Street neighborhood for the purpose of developing a park at the intersection of 18th Street and Washington Street, presented and read. Connors moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 74-06 A RESOLUTION APPROVING THE ACQUISITION OF THREE PARCELS OF REAL ESTATE, LOCATED AT THE NORTH- WEST CORNER OF THE INTERSECTION OF 18TH AND WASHINGTON STREETS, AT 1837 Regular Session, March 6, 2006 81 WASHINGTON STREET AND AT 1839 WASHINGTON STREET, IN THE CITY OF DUBUQUE WHEREAS, the City of Dubuque supports the efforts of the Washington Neighborhood Association in activities to improve the quality of life in this area; and WHEREAS, the Association has expressed a priority for development of a neighborhood park to be located within the boundaries of the Washington Neighborhood for the purpose of a play area for younger children. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby approves the acquisition of the following legally- described property: Lot 92 in East Dubuque Addition in the City of Dubuque, Iowa, according to the recorded plat thereof. At the cost of Fifty thousand dollars ($50 000). Section 2. That the City of Dubuque hereby approves the acquisition of the following legally- described property: South one-half (112) of Lot 93 in East Dubuque Addition in the City of Dubuque, Iowa, according to the recorded plat thereof. At the cost of Fifty-five thousand dollars ($55 000). Section 3. That the City of Dubuque hereby approves the acquisition of the following legally- described property: North one-half (112) of Lot 93 in East Dubuque Addition in the City of Dubuque, Iowa, according to the recorded plat thereof. At the cost of Fifty-nine thousand dollars ($59 000). Section 4. That the City of Dubuque be and is hereby authorized to accept a Quit Clam Deed from the owners, conveying the owners' interest to the City of Dubuque, Iowa for the herein- described real estate. Section 5. That the City Clerk be and she is hereby authorized and directed to cause said Quit Claim Deed to be recorded in the office of the Dubuque County Recorder, together with certified copy of the Resolution. Section 6. That the City Clerk be and she is hereby directed to forward a copy of this Resolution' to. the Dubuque County Assessor and the Dubuque County Auditor. Passed, approved and adopted this 6th day of March, 2006. Roy D Buol, Mayor Attest: Jeanne Schneider, City Clerk Connors moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. U.S. Department of Housing and Urban Development: Communication from the U.S. Department of Housing and Urban Development advising that they are in receipt of the City's third amendment to the Fiscal Year 2006 Community Development Block Grant Annual Action Plan, presented and read. Connors moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. Dakota, Minnesota and Eastern Railroad Corporation: City Manager correspondence to the City's federal legislators regarding the plans of the Dakota, Minnesota and Eastern Railroad Corporation to extend their rail line, presented and read. Connors moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. Voiuntary Annexation Requests: Communications from Gary and Mary Beth Valentine and Martin J. McNamer, North Cascade Road Developers, L.L.C., requesting voluntary annexation into the City of Dubuque, presented and read. Connors moved that the communications be received and fiied and referred to the City Manager. Seconded by Cline. Motion carried 7-0. Transient Boat Dock Contract: City Manager recommending approval of a contract with Abonmarche Group to complete engineering design services for the Port of Dubuque - Ice Harbor Transient Boat Dock Facility Project in the amount of $24,000, presented and read. Connors moved that the communication be received and filed and approved recommendation. Seconded by Cline. Motion carried 7-0. Sam's Club Escrow Agreement: City Manager recommending approval of an Escrow Agreement with Wal-Mart related to the required street improvements for the Sam's Club development at the Northwest Arterial and Asbury Road, presented and read. Connors moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. Business Licenses: RESOLUTION NO. 75-06 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: 82 Regular Session, March 6, 2006 That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS "C" BEER PERMIT Dubuque Discount Gas, inc Dubuque Discount Gas+(Sunday Sale) 4110 Dodge St Passed, approved and adopted this 6th day of, March 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Cierk Connors moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 76-06 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 compiy 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 "CO BEER/LIQUOR LICENSE DUbuque Order of Eagles Eagles Club+ (Sunday Sale) 1175 Century Dr Lana LuGrain PJ's+ (Sunday Sale) 500 Rhomberg Ave Rafters, Inc. Rafters+ (Sunday/Outdoor Sale) 2728 Asbury Rd Yardarm Inc Yardarm Bar+(Sunday/Outdoor Sale) 1201 Shiras Exten. Passed, approved and adopted this 6th day of March, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Connors moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 77-06 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 "CO BEER/LIQUOR LICENSE Marsha M. Saunders Water Hole+ (Outdoor Sale) 1046 Central Avenue Passed, approved and adopted this 6th day of March, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Connors moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. ITEMS TO BE SET FOR PUBLIC HEARING General Obligation Bonds - Stormwater Projects: City Manager recommending that a public hearing be set for March 20, 2006 to consider issuing $2,900,000 in General Obligation Bonds to support storrnwater projects, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 78-06 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $2,900,000 GENERAL OBLIGATION BONDS (FOR ESSENTIAL CORPORATE PURPOSES) OF DUBUQUE, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, it is deemed necessary and advisable that the City of Dubuque, Iowa, should issue General Obligation Bonds to the amount of not to exceed $2,900,000, as authorized by Section 384.25, of the City Code of Iowa, for the purpose of providing funds to pay costs of carrying out essential corporate purpose projects as hereinafter described; and WHEREAS, before said Bonds may be issued, it is necessary to comply with the provisions of said Code, and to publish a notice of the proposal to issue such Bonds and of the time and place of the meeting at which the Council proposes to take action for the issuance of the Bonds and to receive oral and/or written objections from any resident or property owner of said City to such action. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council meet in the Auditorium, Carnegie-Stout Public Library, Dubuque, Iowa, at 6:30 o'clock P.M., on the 20th day of March, 2006, for the purpose of taking action on the matter of the issuance of not to exceed $2,900,000 General Obligation Bonds for essential corporate purposes of said City, the proceeds of which Bonds will be used to provide funds to pay costs of the acquisition, construction and installation of stormwater and storm sewer utility facilities and improvements, including the 32nd Street Detention Basin construction, Bee Branch land acquisition, North Fork Catfish Creek Ditch and Culvert Regular Session, March 6, 2006 83 construction, and other storm sewer, stream bank and detention basin improvements. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four clear days nor more than twenty days before the date of said public meeting on the issuance of said Bonds. Section 3. The notice of the proposed action to issue said Bonds shall be in substantially the following form: NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF DUBUQUE, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $2,900,000 GENERAL OBLIGATION BONDS (FOR ESSENTIAL CORPORATE PURPOSES) OF SAID CITY, AND THE HEARING ON THE ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the Council of the City of Dubuque, Iowa, will hold a public hearing on the 20th day of March, 2006, at 6:30 o'clock P. M., in the Auditorium, Carnegie-Stout Public Library, Dubuque, Iowa, at which meeting the Council proposes to take additional action for the issuance of not to exceed $2,900,000 General Obligation Bonds for essential corporate purposes of said City, in order to provide funds to pay costs of the acquisition, construction and installation of stormwater and storm sewer utility facilities and improvements, including the 32nd Street Detention Basin construction, Bee Branch land acquisition, North Fork Catfsh Creek Ditch and Cuivert construction, and other stonm sewer, stream bank and detention basin improvements. At the above meeting the Council shall receive oral or written objections from any resident or property owner of said Cily, to the above action. After all objections have been received and considered, the Council will at this meeting or at any adjournment thereof, take additional action for the issuance of said Bonds or will abandon the proposal to issue said Bonds. This notice is given by order of the Council of Dubuque, Iowa, as provided by Section 384.25 of the City Code of Iowa. Dated this 6th day of March, 2006. /s/ Jeanne F. Schneider City Clerk of Dubuque, Iowa (End of Notice) PASSED AND APPROVED this 6th day of March, 2006. Roy D. Buol, Mayor Attest Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution and set this for public hearing on 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. General Obligation Urban Renewal Bonds - Parking Ramp Restoration Projects: City Manager recommending that a public hearing be set for March 20, 2006 to consider issuing $910,000 in General Obligation Urban Renewal Bonds to support restoration projects at the Locust Street and Iowa Street Parking Ramps, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 79.06 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $910,000 GENERAL OBLIGATION URBAN RENEWAL BONDS OF DUBUQUE, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, it is deemed necessary and advisable that the City of Dubuque, iowa, should issue General Obligation Urban Renewal Bonds to the amount of not to exceed $910,000, as authorized by Section 403.12 of the Code of Iowa, for the purpose of providing funds to pay costs of carrying out the urban renewal projects as hereinafter described; and WHEREAS, before said Bonds may be issued, it is necessary to comply with the provisions of said Code, and to publish a notice of the proposal to issue such Bonds and of the time and place of the meeting at which the Council proposes to take action for the issuance of the Bonds and the right to petition for an election and to receive oral and/or written objections from any resident or property owner of said City to such action. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council meet in the Auditorium, Carne9ie-Stout Public Library, Dubuque, Iowa, at 6:30 o'clock P.M., on the 20th day of March, 2006, for the purpose of taking action on the matter of the issuance of not to exceed $910,000 General Obligation Urban Renewal Bonds for urban renewal project purposes of said Cily, the proceeds of which Bonds will be used to provide funds to pay costs of aiding in the planning, undertaking and carrying out of urban renewal project activities under the authority of Chapter 403 of the Code of Iowa and the Urban Renewal Plan for the Greater Downtown Urban Renewal District, including those costs associated with the construction of improvements to the Iowa Street and Locust Street publiC parking ramp facilities. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a legal newspaper, 84 Regular Session, March 6, 2006 printed wholly in the English language, pUblished at least once weekly, and having general circulation in said City, said publication to be not less than ten clear days before the date of said public meeting on the issuance of said Bonds. Section 3. The notice of the proposed action to issue said Bonds shall be in substantially the following form: NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF DUBUQUE, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $910,000 GENERAL OBLIGATION URBAN RENEWAL BONDS OF SAID CITY, AND THE HEARING ON THE ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the Council of the City of Dubuque, Iowa, will hold a public hearing on the 20th day of March, 2006, at 6:30 o'clock P.M., in the Auditorium, Carnegie-Stout Public Library, Dubuque, Iowa, at which meeting the Council proposes to take additional action for the issuance of not to exceed $910,000 General Obligation Urban Renewal Bonds for urban renewal project purposes of said City, in order to provide funds to pay costs of aiding in the planning, undertaking and canrying out of urban renewal project activities under the authority of Chapter 403 of the Code of Iowa and the Urban Renewal Plan for the Greater Downtown Urban Renewal District, including those costs associated with the construction of improvements to the Iowa Street and Locust Street public parking ramp facilities. At the above meeting the Council shall receive oral or written objections from any resident or property owner of said City to the above action. After all objections have been received and considered, the Council will at this meeting or at any adjournment thereof, take additional action for the issuance of said Bonds or will abandon the proposal to issue said Bonds. At any time before the date of said meeting, a petition, asking that the question of issuing such Bonds be submitted to the legal voters of said City, may be filed with the Clerk of said City in the manner provided by Section 362.4 of the Code of Iowa, pursuant to the provisions of Sections 403.12 and 384.24(3)(q) of the Code of Iowa. - This notice is given by order of the Council of Dubuque, Iowa, as provided by Sections 403.12 and 384.24(3)(q) of the City Code of Iowa. Dated this 6th day of March, 2006. /s/ Jeanne F. Schneider City Clerk of Dubuque, Iowa (End of Notice) PASSED AND APPROVED this 6th day of March, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution and set public hearing 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. Refunding of General Obligation Bonds: City Manager recommending that a publiC hearing be set for March 20, 2006 to consider issuing $3,730,000 in General Obligation Bonds to refund the outstanding balance on 2000 Series Band C bonds, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7- O. RESOLUTION NO. 80-06 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $3,730,000 GENERAL OBLIGATION REFUNDING BONDS (FORAN ESSENTIAL CORPORATE PURPOSE) OF DUBUQUE, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, it is deemed necessary and advisable that the City of Dubuque, Iowa, should issue General Obligation Refunding Bonds to the amount of not to exceed $3,730,000, as authorized by Section 384.25 of the City Code of Iowa, for the purpose of providing funds to pay costs of carrying out an essential corporate purpose project as hereinafter described; and WHEREAS, before said Bonds may be issued, it is necessary to comply with the provisions of said Code, and to publish a notice of the proposal to issue such Bonds and of the time and place of the meeting at which the Council proposes to take action for the issuance of the bonds and to receive oral and/or written objections from any resident or property owner of said City to such action. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: . Section 1. That this Council meet in the Auditorium, Camegie-Stout Public Library, Dubuque, iowa, at 6:30 o'clock P.M., on the 20th day of March, 2006, for the purpose of taking action on the matter of the issuance of not to exceed $3,730,000 General Obligation Refunding Bonds for an essential corporate purpose of said City, the proceeds of which bonds will be used to provide funds to pay costs of refunding and refinancing of outstanding City indebtedness, consisting of the General Obligation Bonds, Series 2000B, dated June 1, 2000, and the General Obligation Bonds, Series 2000C, dated November 1, 2000. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a legal newspaper, Regular Session, March 6, 2006 85 printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four clear days nor more than twenty days before the date of said public meeting on the issuance of said Bonds. Section 3. The notice of the proposed action to issue said Bonds shall be In substantially the following form: NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF DUBUQUE, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $3,730,000 GENERAL OBLIGATION REFUNDING BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF SAID CITY, AND THE HEARING ON THE ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the Council of the City of Dubuque, Iowa, will hold a public hearing on the 20th day of March, 2006, at 6:30 o'clock P.M., in the Auditorium, Carnegie-Stout Public Library, Dubuque, Iowa, at which meeting the Council proposes to take additional action for the issuance of not to exceed $3,730,000 General Obligation Refunding Bonds for an essential corporate purpose of said City, in order to provide funds to pay costs of refunding and refinancing of outstanding City indebtedness, consisting of the General Obligation Bonds, Series 2000B, dated June 1, 2000, and the General Obligation Bonds, Series 2000C, dated November 1,2000. At the above meeting the Council shall receive oral or written objections from any resident or property owner of said City, to the above action. After all objections have been received and considered, the Council will at this meeting or at any adjournment thereof, take additional action for the issuance of said Bonds or will abandon the proposal to issue said Bonds. This notice is given by order of the Council of Dubuque, Iowa, as provided by Section 384.25 of the City Code of Iowa. Dated this 61h day of March, 2006. /s/ Jeanne F. Schneider City Clerk of Dubuque, Iowa (End of Notice) PASSED AND APPROVED this 6th day of March, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution and set for public hearing on 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. Bonson Road Reconstruction Project: City Manager recommending initiation of the publiC bidding process for the Bonson Road Reconstruction 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. 81-06 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed pians, specifications, form of contract and estimated cost for the Bonson Road Reconstruction Project in the estimated amount of $651,702.70 are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 61h day of March, 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. 82-06 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection of the Bonson Road 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 3'" day of April, 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 pians, specifications, contract, or estimated cost of the improvement. Passed, adopted and approved this 6th day of March, 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. 83-06 RESOLUTION OF NECESSITY 86 Regular Session, March 6, 2006 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 Bonson Road 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 phvately 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 Related Sanitary Sewer Improvements, 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 perfonned 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 6'h day of March, 2006. Approved and placed on file for final action. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Cierk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 84-06 FIXING DATE OF HEARING ON RESOLUTION OF NECESSITY Whereas, the CRy Council of the City of Dubuque, Iowa, has given its preliminary approval on the proposed plans, specifications and fonn of contract and placed same on file in the office of the City Clerk for public inspection for the Bonson Road 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 3"' day of Aphl, 2006, a public hearing will be held at 6:30 p.m. in the Pubiic 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 Resoiution of Necessity and the City Clerk be and is hereby authorized and directed to cause a notice of time and place of such heahng 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 phor to the day fixed for its consideration. 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 thereto. Passed, adopted and approved this 6th day of March, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution and set publiC heahng for April 3, 2006 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. 85-06 RESOLUTION APPROVING PRELIMINARY SCHEDULE OF ASSESSMENTS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the attached sheet(s), Page 1 to Page 1 inclusive, are hereby detennined to be the schedule of proposed assessments for the Bonson Road Reconstruction Project and the valuations set out herein are hereby approved. Passed, approved and adopted this 6th day of March, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Cierk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Regular Session, March 6, 2006 87 RESOLUTION NO. 86-06 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Bonson Road 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 pubiished 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 11th day of April, 200S. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at S:30 p.m. on the 17'h day of April, 200S. Passed, adopted and approved this S'" day of March, 200S. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Former Water Department and Stea~h Racing - Building Demolition Project: City Manager recommending initiation of the public bidding process for the Former Water Department and Stealth Racing - Building Demolition Project and setting a public hearing for April 3, 200S, presented and read. Connors moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 87-06 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 Former Water Department and Stealth Racing - Building Demolition and Site Clearance Project in the estimated amount of $SO,OOO.OO are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this Sth day of March, 200S. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Connors moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 88-06 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection of the Former Water Department and Stealth Racing - Building Demolition and Site Clearance 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 3'" day of April, 2006, at S: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 Sth day of March,200S. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Connors moved adoption of the Resolution and set the publiC hearing for 4/3/06 at a meeting to commence at S:30 P.M. in the public library auditorium and direct the City Clerk to publish notice in the manner prescribed by law, Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 89-06 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Former Water Department and Stealth Racing - Building Demolition and Site Clearance 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 88 Regular Session, March 6, 2006 prior to the receipt of said bids at 2:00 p.m. on the 23" day of March, 2006. Bids shall be opened and read by the City Cierk at said time and will be submitted to the Council for final action at 6:30 p.m. on the 3" day of Aprilh 2006. Passed, adopted and approved this 6' day of March, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Connors moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. Custer Street / Allison Henderson Sewer and Detention Basin Project: City Manager recommending initiation of the public bidding process for the Custer Street / Allison Henderson Sewer and Detention Basin 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. 90-06 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 Custer/Allison-Henderson Sewer and Detention Basin Project in the estimated amount of $252,450.00 are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 61h day of March, 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. 91-06 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approvai on the proposed plans, specifications, and form of contract and pi aced same on file in the office of the City Clerk for public inspection of the Custer/Allison-Henderson Sewer and Detention Basin 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 3" day of April, 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 6'h day of March, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution and set public hearing for 4/3/06 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, 92-06 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Custer/Allison-Henderson Sewer and Detention Basin 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 23" 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 Aprilh 2006. Passed, adopted and approved this 6' day of March, 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 Applicants are invited to address the Council regarding their desire to serve on the following Boards/Commissions: Community Development Advisory Com- mission (One At-Large position [Wainwright] through 2/15/09 and one Low/Moderate Income position [isenhart] through 2/15/09) Regular Session, March 6, 2006 89 Applicants for At-Large Position: R.J. Sullivan, Thomas C. Wainwright Applicant for Low/Moderate Position: Hillary A. Stubben Ms. Stubben spoke requesting consideration for appointment. Electrical Code Board (One Journeyman / Maintenance position [Pfohl] through 5/21/08, one At-Large position [Pregler] through 5/21/08, and two Electrical Background positions [new] through 5/21/09) Applicants: Bob Schmidt, Paul J. Uhirich Mr. Uhlrich spoke requesting consideration for appointment. TV Cable Teleprogramming Commission (one vacant term through 6130/06 and one vacant term through 6/30/07) Applicant: Burton Everist ACTION ITEMS River Pointe Development, LLC - Request to Rezone (First Reading on February 20.2006): George Murphy, River Pointe Development, LLC, submitting a revised design for the development, presented and read. Connors moved that the communication be received and filed. Seconded by Michalski. Motion carried 7- O. Communication from Sister Margaret Ann Willging regarding the River Pointe Development project, presented and read. Connors moved that the communication be received and filed. Seconded by Michalski. Motion carried 7-0. Communication from Robin M. Kennicker regarding the River Pointe Development project, presented and read. Connors moved that the communication be received and filed. Seconded by Michalski. Motion carried 7-0. Steve Juergens, representing River Pointe, LLC, reviewed the three architectural renderings that had been submitted to the City Council and stated that the final design has not been determined. Council discussed various aspects of the development including the soil borings that had been performed, stability of the bluff face, erosion control and the type of materials that would be used on the buildings. 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, said Ordinance having been presented and read at the Council Meeting of February 20, 2006, now presented for further action. Connors moved that this be considered the second reading of the Ordinance. Seconded by Michalski. Motion carried 7-0. Storage Container Ordinance (First Reading on February 6, 2006 and Second Reading on February 20, 2006) City Manager submitting a revised scheduie of fees for exterior storage containers to be implemented should the ordinance be passed, presented and read. Steward Sandstrom, President of the Dubuque Area Chamber of Commerce, spoke objecting to the Ordinance and its fee schedule and requested Council use this last chance to make a right decision for Dubuque. 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, said Ordinance having been presented and read on 2/6/06 and 2/20/06, now presented for further action. OFFICIAL PUBLICATION ORDINANCE NO. 26-06 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. WHEREAS, the City Council of the City of Dubuque finds that storage containers and storage trailers used for the exterior storage of materials, inventory or equipment may constitute an eyesore to the communrty when not properly maintained; and WHEREAS, the City Council finds that storage containers and storage trailers constitute a threat to public health and safety because their location can block or prevent proper access to buildings and building exits, emergency exits, fire connections to sprinkler systems and utility disconnects; and WHEREAS, the City Council finds that storage containers and storage trailers constitute a threat to public health and safety because they can contain unknown and sometimes hazardous contents; and WHEREAS, the City Council finds that storage containers and storage trailers can be converted into permanent structures without any practical means of complying with building and fire code reqLlirements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Chapter 11 of the City of Dubuque Code of Ordinances is amended by adding the following new article: 90 Regular Session, March 6, 2006 ARTICLE VII. EXTERIOR STORAGE CONTAINERS AND STORAGE TRAILERS Section 11-83. Definitions: As used in this article, the following terms shall have the following meanings: Storage Container - Any enclosed receptacle without wheels twenty (20') feet or more in length designed, built or intended to be used for the shipment, transportation or storage of goods and not being used primarily for the shipment or transportation of goods, but not inciuding a construction trailer. Storage container also does not include a truck trailer or semi-truck trailer while it is actively being used for the transportation of materials, inventory or equipment. Storage Trailer - Any enclosed receptacle with wheels twenty (20') feet or more in length designed, built or intended to be used for the shipment, transportation or storage of goods but not including a construction trailer. Storage trailer also does not include a truck trailer or semi-truck trailer while it is being used for the transportation of materiais, inventory or equipment. Section 11-84. Storage Containers or Storage Trailers Permitted; Exemptions: This Article shall apply to use of any storage container or storage trailer for the exterior storage of materials, equipment or inventory. Notwithstanding the foregoing, this Article shall not apply to the following: (1) Storage containers or storage trailers attached to a loading dock, construction trailers or containers or licensed and federally inspected vehicles such as a truck trailer or semi-truck trailer while it is not being used for the storage of goods; (2) A business that rents storage trailers or storage containers to others. Section 11-85. Required Conditions: Storage containers or storage trailers permitted by this Article shall be subject to the. following conditions: (1) Storage containers or storage trailers shall not be stacked; (2) Storage containers or storage trailers not connected to a loading dock shall be located not less than 20' from any building and shall not block any fire exit doors of the building; (3) Storage containers or storage traiiers shall at all times be kept good in appearance and shall not be in a state of neglect, including, but not limited to, substantial peeling paint, rust holes or missing or broken parts; (4) Storage containers or storage trailers shall not have any attachments such as utilities, roof, siding, stairs or other conditions such that the container or trailer constitutes a permanent structure unless such container or trailer complies with all applicable electrical and building code requirements; (5) Storage containers or storage trailers shall have no goods or materials underneath the container or trailer; (6) Storage containers or trailers shall not be used for the storage of hazardous waste or materials unless the container or trailer complies with all applicable federal, state or local regulations; and (7) Storage containers or storage trailers shall at all times be kept secure; and Section 11-86. Permit Required: No person shall use or maintain or permit to be used or maintained an exterior storage container or storage trailer without first obtaining an annual permit therefore as provided in this Article. Section 11-87. Application for Permit; Site Plan: An application for an exterior storage container or storage trailer permit shall be filed with the City Manager on a form provided by the City Manager. The application shall include the following information: (1 )The name, address and telephone number of the applicant; (2) A slle plan which shall be a dimension drawing showing the following: a. North arrow; b. Property lines; c. Location of all structure(s) on the subject property, including dumpsters, and dimensions; d. Location of emergency lanes, location of ingress and egress to the property, location of parking areas; e. Location of each proposed storage container or storage trailer and dimensions from building(s); f. Contents of each storage container or storage trailer. Falsification of information on an application shall be grounds for denial or revocation of a permll. Section 11-88. Consideration of Application: The City Manager shall, upon consideration of the application and the information required herein, approve or reject the application. Section 11-89. Fees: At the time of filing the application, the applicant shall pay to the City a non-refundable permll fee established by the City Manager. Section 11-90. Revocation of Permit: A permll may be revoked or suspended by the City Manager for a violation of any of the provisions of this Article or any other ordinances of the City or the laws of the United States or the state of Iowa. The permittee shall be given not less than ten- day's written notice of the proposed action to be taken prior to suspension or revocation. The permittee may file with the City Clerk a written notice of appeal to the City Council from the suspension or revocation. Section 11-91. Variance: Regular Session, March 6, 2006 91 The City Manager may grant a variance in a specific case and from a specific provision of this Article based on the City Manager's determination of the following: (1) That there are practical difficulties or unnecessary hardships in canrying out the strict letter of a requirement of this Article; (2) That the effect of the application of the provisions of this Article would be arbitrary in the specific case; (3) That an extension of time would not constitute an appropriate remedy for such practical difficulties or unnecessary hardships; and (4) That such variance is in harmony with the general purpose and intent of this Article in securing the public heaith, safety and general welfare and does not constitute an imminent danger to the public. Section 2. Effective Date. This Ordinance shall take effect July 1, 2006. Passed, approved and adopted this 6th day of March 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 16th day of March, 2006. Jeanne F. Schneider, City Clerk 11 3/15 Connors moved final consideration and passage of the Ordinance. Seconded by Jones. Carried by the following vote: Yeas-Buol, Connors, Jones, Michalski. Nays-Braig, Cline, Lynch. Connors moved to remove the following item from the table. Seconded by Michalski. Motion carried 7-0. Organizational Development and Diversity Training (Tabled on February 20, 2006): City Manager recommending approval to authorize staff to negotiate a contract with One Ummah Consulting to perform Organizational Development and Diversity Training for City employees at a cost not to exceed $79,200, presented and read. Michalski moved that the communication be received and filed and recommendation approved. Seconded by Connors. Motion carried 7-0. Sedgwick Claims Management Services, Inc. CEBA Application: City Manager recommending approval of the submission of a Community Economic Betterment Account (CEBA) Application on behalf of Sedgwick Claims Management Services, Inc., presented and read. Cline moved that the communication be received and filed. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 93-06 A RESOLUTION AUTHORIZING THE FILING OF A COMMUNITY ECONOMIC BETTER- MENT ACCOUNT (CEBA) APPLICATION ON BEHALF OF SEDGWICK CLAIMS MANAGEMENT SERVICES, INC. Whereas, Sedgwick Ciaims Management Services, Inc. has proposed the expansion of its operations to Dubuque, Iowa; and Whereas. the City Council of Dubuque. Iowa has considered said proposai and has determined that the proposed project will contribute to the local economy through the creation of 75 new jobs for area residents; and Whereas, the Iowa Department of Economic Development's Community Economic Betterment Account (CEBA) was designed to assist in the economic development efforts of local jurisdictions; and Whereas, the City of Dubuque, Iowa is eligible to apply for funding from the CEBA program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: Section 1. That the filing of an application for participation in the Community Economic Betterment Account program on behalf of Sedgwick Claims Management Services, Inc. is hereby approved. Section 2. That the local match of $100,000 identified in the application as a loan to the company is hereby approved, subject to the CEBA application approval. Section 3. That the Mayor is hereby authorized to execute and the City Manager is hereby directed to submit said application to the Iowa Department of Economic Development together with such documents as may be required. Passed, approved, and adopted this 6th day of March 2006. Roy D. Buol, Mayor Attest: Jeanne Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Lynch. Motion carried 7-0. Hunting and Target Practice Within City Limits: City Manager recommending approval of an ordinance to allow hunting and target practice within the City limits on private property zoned Agricultural of not less than ten acres, presented and read. Connors moved that the communication be received and filed. Seconded by Michalski. Carried by the following vote: Yeas-Buol, Braig, Connors, Jones, Lynch, Michalski. Nays-Cline. An Ordinance Amending City of Dubuque Code of Ordinances Chapter 33, Offenses and Miscellaneous Provisions, by adopting a new Section 33-17 Hunting Permitted, allowing hunting and target practice within the corporate limits of the City under certain conditions, 92 Regular Session, March 6, 2006 presented and read. Connors moved that this be considered the first reading of the Ordinance. Seconded by Michalski. Carried by the following vote: Yeas-Buol, Braig, Connors, Jones, Lynch, Michalski. Nays-Cline. Examining Board: Communication from Richard A. Engelken, City Assessor, requesting appointment of a member to the Examining Board (previously former Administrative Services Manager Pauline Joyce) to serve a six- year term, presented and read. Michalski moved that the communication be received and filed and referred to the City Manager for recommendation on the appointment. Seconded by Connors. Motion carried 7-0. COUNCIL MEMBER REPORTS Michalski mentioned the Council's upcoming trip to Washington D.C. PUBLIC INPUT Gabrielle DeVega, 1617 11, White, read a letter on diversity training and requested that minorities be involved in the training. Cathy Breitbach, 1209 Prairie, spoke on various issues including how hard it is for small businesses to survive in Dubuque. There being no further business, Michalski moved to adjourn. Seconded by Braig. Motion carried 7-0. The meeting adjourned at 8:13 P.M. /s/ Jeanne F. Schneider, CMC City Clerk 11 3/15 Approved: 2006 Adopted 2006 Mayor Council Members Attest: City Clerk Regular Session, March 20, 2006 93 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, March 20, 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, City Attorney Lindahl Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of discussing such matters which may properiy come before the Council. Invocation was given by Reverend John Hulsizer, Pastor, Church of the Nazarene Proclamation: "Gannon Center Appreciation" received by Mary Lou Baal and Barb Potts. CONSENT ITEMS Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 1/24; City Conference Board of 3/1/05,2/13 and 2/17; City Council of 3/2 and 3/6; Civil Service Commission of 1/26, 3/2 and 3/10; Historic Preservation Commission of 2/23; Human Rights Commission of 2/13; Library Board of Trustees of 1/26; Long Range Planning Advisory Commission of 2/15; Zoning Advisory Commission of 3/1, presented and read. Connors moved that the minutes be received and filed. Seconded by Jones. Motion carried 7-0. Proofs of publication of City Council Proceedings of 2/13, 2/14, 2/20 (Special Session), 2/20 (Regular Session), 2/21, and 2/23, presented and read. Connors moved that the proofs be received and filed. Seconded by Jones. Motion carried 7-0. Notice of Claims/Suits: Robert D. Boelk for property damage; Jody Klauer for vehicle damage; Francis McDonald for property damage; Desa Wefel for personal injury, presented and read. Connors moved that the communications be received and filed and claim referred to the Ctty Attorney for investigation and report. Seconded by Jones. Motion carried 7-0. City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Jody Klauer for vehicle damage and Desa Wefel for personal injury, presented and read. Connors moved that the communication be received and filed and concurred. Seconded by Jones. Motion carried 7-0. Arboretum Drive - Quit Claim Deed: City Manager recommending acceptance of a quit claim deed for a right-of-way purchase from the Iowa Department of Transportation (Iowa DOT) on Arboretum Drive, presented and read. Connors moved that the communication be received and filed. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 94.06 A RESOLUTION ACCEPTING A CONVEY. ANCE OF PROPERTY LOT A OF BREVEN PLACE IN THE CITY OF DUBUQUE Whereas, the City of Dubuque entered into a Purchase Agreement with the State of Iowa pursuant to which the State of iowa agreed to convey Lot A of Breven Place, in the City of Dubuque, Iowa, as shown on the Acquisition Plat thereof; and Whereas, the State of Iowa has executed a conveyance of said property. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Quit Claim Deed from the State of Iowa, copies of which are attached hereto, as required by Iowa Code Section 569.7. Section 2. The Mayor Is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, approved and adopted this 20th day of March, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Connors moved adoption of the Resoiution. Seconded by Jones. Motion carried 7-0. Asbury Plaza Phase 2 - Acceptance: City Manager recommending acceptance of the publiC improvements in Phase 2 of Asbury Plaza as completed by the developer, Rubloff Development Group, Inc., presented and read. Connors moved that the communication be received and filed. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 95-06 ACCEPTING IMPROVEMENTS IN ASBURY PLAZA - PHASE 2 Whereas, pursuant to the approved Site Plan for Asbury Plaza Phase 2 (Kohls) dated March 9, 2004, certain Improvements including sanitary sewer, street construction, and traffic signals 94 Regular Session, March 20, 2006 were installed by the developer, Rubloff Development Group. Whereas, the improvements have been completed and the City Manager has examined the work and has fiied a certificate stating that the same has been completed in accordance with the plans approved by City Engineering and in conformance with City specifications, and has recommended that the improvements be accepted by the City Council. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCiL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said sanitary sewer, street construction, and traffic signal improvements in Asbury Plaza Phase 2 be and the same are hereby accepted. Section 2. That maintenance of said improvements shall be the responsibility of the developer, Rubloff Development Group, Inc., for a period of two years from this date. Passed, approved and adopted thiS 20th day of March, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Connors moved adoption of the Resolution. Seconded by Jones. Motion carried 7-0. Sanitary Sewer Master Plan - Request for Proposais: City Manager recommending approval of the issuance of a Request for Proposals for engineering and design services for the Comprehensive Sanitary Sewer Master Plan, presented and read. Connors moved that the communication be received and filed and approved recommendation. Seconded by Jones. Motion carried 7-0. Pedestrian Wayfinding Sign Design - Request for Proposals: City Manager recommending approval of the issuance of a Request for Proposals to provide graphic design services for a directional Pedestrian Wayfinding Sign Program for persons traveling throughout Downtown Dubuque and the Port of Dubuque, presented and read. Connors moved that the communication be received and filed and approved recommendation. Seconded by Jones. Motion carried 7-0. Shot Tower Archeological Survey: City Manager recommending approval of the selection of Great Lakes Archaeological Research Center, Inc. for the Archeological Survey of the ShotTower and to authorize staff to negotiate a contract, presented and read. Connors moved that the communication be received and filed and approved recommendation. Seconded by Jones. Motion carried 7-0. Eagle Valley Project: City Manager recommending approval of the publication of a combined notice of finding of no significant impact on the environment and notice of intent to request release of funds for the Eagle Valley Project, presented and read. Connors moved that the communication be received and filed. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 96-06 A RESOLUTION AUTHORIZING PUBLI- CATION OF A COMBINED NOTICE OF FINDING OF NO SIGNIFICANT IMPACT ON THE ENVIRONMENT AND NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS FOR THE EAGLE VALLEY PROJECT. Whereas, the Mid America Housing Partnership has received an EDI Special Purpose Grant from the U.S. Department of Housing and Urban Development, and Whereas, the City of Dubuque is the responsible entity for the Eagle Valley Project; and Whereas, pursuant to the rules and regulations as promulgated by the U.S. Department of Housing and Urban Development, an environmental review has been processed for the Eagle Valley Project; and Whereas, based on said environmental review, the Department of Housing and Urban Development has determined that said project will have no significant impact on the environment; and Whereas, a combined notice of "Finding of No Significant Impact on the Environment" and of "Intent to Request Release of Funds" for said project will be sent by regular mail to various federal, state and local public agencies; to the appropriate Regional Office of the Environmental Protection Agency and to the local news media, individuals and groups known to be interested and believed to be appropriate to receive such a notice; and Whereas, any and all comments received as a result of such notice will be duly considered before proceeding with a Request for Release of Funds and Certification. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Clerk be and is hereby authorized and directed to publish a combined Notice of Finding of No Significant Impact on the Environment and Notice of Intent to Request Release of Funds for the Eagle Valley Project and to make the Environmental Review Record for said project available for public inspection and comment until 5:00 pm on April 10, 2006. Such notice shall be in the form of Exhibit "A" attached hereto and made a part hereof. Section 2. That the environmental review record for the project shall be placed on file in Regular Session, March 20, 2006 95 the Office of the City Clerk where said record may be examined and copied by any interested party. Section 3. That the Mayor of the City of Oubuque is hereby authorized and directed to submit to the U.S. Department of Housing and Urban Deveiopment fifteen (15) days after publication of appropriate notice a Request for Release of Funds to undertake the said project. Section 4. That the Mayor of the City of Dubuque is hereby authorized to consent to assume the status of a responsible federal official under the Nationai Environmental Protection Act, insofar as the provisions of the said Act apply to the U.S. Department of Housing and Urban Development responsibilities for review, decision making, and action assumed and carried out by the City of Dubuque as to environmental issues. Section 5. That the Mayor of the City of Dubuque is hereby authorized to consent personally, in his official capacity and on behalf of the City of Dubuque, to accept the jurisdiction of the federal courts if an action is brought to enforce responsibilities in relation to environmental review, decision-making and action. Section 6. That the Mayor of the City of Dubuque is and he is hereby authorized and directed to execute a certification pertaining to the environmental review procedures. Passed, approved and adopted this 20th day of March 2006. Roy D. Buol, Mayor Attest. Jeanne F. Schneider, City Clerk Connors moved adoption of the Resolution. Seconded by Jones. Motion carried 7-0. Miller-Riverview Park Management Agree- ment: City Manager recommending approval of a management agreement with Pat Felderman for Miller-Riverview Park for the period April 1 through November 1, 2006, presented and read. Connors moved that the communication be received and filed and approved recommendation. Seconded by Jones. Motion carried 7-0. One Ummah Consulting for Diversity Training: City Manager recommending approval of the negotiated contract with One Ummah Consulting for Diversity Training and Organizational Development, presented and read. Connors moved that the communication be received and filed and approved recommendation. Seconded by Jones. Motion carried 7-0. City Hall First Floor Restrooms - Request for Proposals: City Manager recommending approval of a contract with Anderson Design & Consulting, inc. for architectural services for the City Hall First Floor Restrooms Project, presented and read. Connors moved that the communication be received and filed and approved recommendation. Seconded by Jones. Motion carried 7-0. PEG Access Capital Grant Expenditure: City Manager recommending approval of a request from Mediacom for funding from the Capital Grant for Access Equipment and Facilities in the amount of $6,089 for a new switcher for Mediacom's public access studio, presented and read. Connors moved that the communication be received and filed and approved recommendation. Seconded by Jones. Motion carried 7-0. Town Clock Plaza Banners: City Manager recommending approval of the installation of banners in Town Clock Plaza for advertisement of non-profit events, presented and read. Connors moved that the communication be received and filed and approved recommendation. Seconded by Jones. Motion carried 7-0. Fire Department Response and Deployment Study: City Manager recommending approval of the selection of The Matrix Con suiting Group to perform a Municipal Fire and Emergency Service Response and Deployment Study for the Fire Department, presented and read. Connors moved that the communication be received and filed and approved recommendation. Seconded by Jones. Motion carried 7-0. Civil Service Commission: Civil Service Commission submitting the certified lists for the positions of Equipment Operator I, Truck Driver, Foreman, and Golf Course Supervisor, presented and read. March 10, 2006 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 2005 Code of Iowa, an examination for the position of Equipment Operator was given on March 1, 2006. We hereby certify that the individuals listed below have passed the written examination and that the appointments to a vacancy in this position shall be made from this list and that this list is certified for two (2) years from the above date. EQUIPMENT OPERATOR I Brian Odefey Jeff Steuer Terrance Leibold Paul Herman Raymond Behnke Brian Lochner Randall Ludowitz Mark Tranel Bill Kelly Bob Barry Paul Davis Tim Lattner 96 Regular Session, March 20, 2006 Respectfully submitted, Merie Duehr, Chairperson Loras Kluesner Richard Wertzberger Civil Service Commission Connors moved that the above Civil Service certification be made a matter of record. Seconded by Jones. Motion carried 7-0. March 2, 2006 Honorable Mayor and Members of the City Councii In accordance with Chapter 400 of the 2005 Code of Iowa, an examination for the position of Truck Driver was given on February 1, 2006. We hereby certify that the individuals listed beiow have passed the written examination and that the appointments to a vacancy in this position shall be made from this list and that this list is certified for two (2) years from the above date. TRUCK DRIVER Darrin L. Smith David P. Richard Timothy Neuhaus Joseph V. Boge Jerome W. Ben Scott Tuthiil Donald J. Weig Darrin Steil Joel A. Kramer Thomas P. Unsen Raymond J. Behnke Chris M. Oberbroeckling Randy J. Gerardy Steven R. Oberhoffer Steve Driscoll Alvy Kennedy Drew M. Noel Jerry T. Powers Kevin J. Merkes Denis W. Fangman DeVon L. Higbie William Gansen Mark Culbertson Elmer E. Heacock Larry Hayes Paul Dement Jason T. Mouring Shawn Roth Susan A. Davis George E. Herman Michael W. Spoerl Dave H. Lehman Steven L. Deppe Steven T. Christ Scott Nicks James LaPage Steven T. Clewell James J. Lindecker Randy Grant Greg Griffin Alan J. Sabers Respectfully submitted, Merle Duehr, Chairperson Loras Kluesner Richard Wertzberger Civii Service Commission Connors moved that the above Civil Service certification be made a matter of record. Seconded by Jones. Motion carried 7-0. March 2, 2006 Honorable Mayor and Members of the City Councii In accordance with Chapter 400 of the 2005 Code of Iowa, an examination for the position of Foreman was given on February 15, 2006. We hereby certify that the individuals listed below have passed the written examination and that the appointments to a vacancy in this position shall be made from this list and that this list is certified for two (2) years from the above date. FOREMAN Elmer Heacock Kevin J. Grace Thomas Kramer Jeff J. Steuer Robert J. Barry Paul Davis Kenneth McClean Bill Kelly Brian Odefey Arthur G. Hedley Nicholas S. Bibb Paul A. Herman Terrance J. Leibold Terry Nadermann Robert Blondin Respectfully submitted, Merle Duehr, Chairperson Loras Kluesner Richard Wertzberger Civil Service Commission Connors moved that the above Civii Service certification be received and filed and made a matter of record. Seconded by Jones. Motion carried 7-0. March 2, 2006 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 2005 Code of Iowa, an examination for the position of Golf Course Supervisor was conducted as a "take home" test. This exam was evaluated by City staff and final scoring approved. We hereby certify that the following individuals have passed this written examination and the vacancy for this position should be made from this list. We further state that this list is good for two (2) years from above date. GOLF COURSE SUPERVISOR Gerald Lange Michael Denman Respectfully submitted, Merle J. Duehr, Jr., Chairperson Loras J. Kluesner Richard Wertzberger Civil Service Commission Connors moved that the above Civil Service certification be received and filed and made a matter of record. Seconded by Jones. Motion carried 7-0. Altar Scrap Rezoning: Communication from Dave Beidler, representing his mother, requesting that the name Mrs. Donna Beidler be removed from the pemion in opposition to the Altar Scrap rezoning, presented and read, Connors moved that the communication be received and filed. Seconded by Jones. Motion carried 7-0. Dubuque Regional Humane Society: Communication from the Dubuque Regional Humane Society in opposition to the proposed rezoning for Alter Salvage I Tschiggfrie Excavating request at 1 gO North Crescent Ridge, presented and read. Connors moved that Regular Session, March 20, 2006 97 the communication be received and filed. Seconded by Jones. Motion carried 7-0. Legislative Issues: City Manager communication to federai legislators regarding continued support of the Community Services Block Grant (CSBG) Program, presented and read. Connors moved that the communication be received and filed. Seconded by Jones. Motion carried 7-0. City Manager communication to Congressman Jim Nussle requesting his help in restoring funding to the Community Development Block Grant (CDBG) Program, presented and read. Connors moved that the communication be received and filed. Seconded by Jones. Motion carried 7-0. City Manager communication to Senator Charles Grassley requesting his help in restoring funding to the Community Development Block Grant (CDBG) Program, presented and read. Connors moved that the communication be received and filed. Seconded by Jones. Motion carried 7-0. City Manager communication to Governor Tom Vilsack regarding the plans of the Dakota, Minnesota and Eastem Railroad Corporation (DM&E) to extend their rail line, presented and read. Connors moved that the communication be received and filed. Seconded by Jones. Motion carried 7-0. City Manager communication to area legislators urging a no vote to HF 2712 and its companion bill SF 2265 regarding the establishment of a deferred retirement option plan (DROP) for the Municipal Fire and Police Retirement System, presented and read. Connors moved that the communication be received and filed. Seconded by Jones. Motion carried 7-0. Dubuque Metropolitan Area Solid Waste Agency: Communication from the Dubuque Metropolitan Area Solid Waste Agency withdrawing their request to rezone property located on Highway 20 West from AG Agricultural District to LI Light Industrial District, which was tabled at the May 16, 2005 City Council meeting, presented and read. Connors moved that the communication be received and filed and accepted withdrawal. Seconded by Jones. Motion carried 7-0. Mediacom: Communication from Kathieen McMullen, Mediacom, advising that there will be a price adjus1ment effective May 2006, presented and read. Connors moved that the communication be received and filed. Seconded by Jones. Motion carried 7-0. Voluntary Annexation Application: Application from Thomas L. and Sheri Henschel requesting voluntary annexation to the City of Dubuque, presented and read. Connors moved that the communication be received and filed and referred to the City Manager. Seconded by Jones. Motion carried 7-0. Historic Preservation Commission: Communi- cation from Laura Carstens, Planning Services Manager, advising that there is currently a vacancy on the Historic Preservation Commission as one member has become a City empioyee and is, therefore, ineligible to serve on the Commission, presented and read. Connors moved that the communication be received and filed. Seconded by Jones. Motion carried 7-0. Settlement of Claim: City Attorney recommending settlement of the claim of Tom and Anne Wernimont (d/b/a Beanies Cafe) for loss of income, presented and read. Connors moved that the communication be received and filed and approved recommendation. Seconded by Jones. Motion carried 7-0. Enterprise Zone Commission: Communication from Pamela Myhre, Economic Development Department Staff Member to the Enterprise Commission, requesting the reappointment of City Manager Michael C. Van Milligen to the Enterprise Zone Commission, as the City Council's representative, presented and read. Connors moved that the communication be received and filed and approved recom- mendation. Seconded by Jones. Motion carried 7-0. AED Contract for Resuscitation Outcomes Consortium: City Manager recommending approval an agreement with Zoll Corporation for Automatic External Defibrillators (AED) pro monitor defibrillators for a five year period at no cost to the City for participation in a National Institute of Health Resuscitation Outcomes Consortium (ROC), presented and read. Connors moved that the communication be received and filed and approved recom- mendation. Seconded by Jones. Motion carried 7-0. Business Licenses: RESOLUTION NO. 97-06 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. 98 Regular Session, March 20, 2006 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit CLASS "B" BEER (5 - DAY SPECIAL EVENT) Rotary Club of Dubuque Rotary Club of Dubuque 135 W. 8th St Passed, approved and adopted this 20th day of March, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Connors moved adoption of the Resolution. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 98-06 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State Laws and all City Ordinances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS 'C" BEER/LIQUOR LICENSE Los Arcos Los Arcos+ (Sunday Saie) 2035 JFK Rd Copper Kettle Copper Kettle 2987 Jackson St Bar X Bar-X+ (Sunday Sale) 2616 Windsor Ave Dubuque Racing Assoc. DBQ Greyhound Park / Casino+(Sunday/Outdoor) 1855 Greyhound City of Dubuque Bunker Hill Golf Crs+(Sunday/Outdoor Sale) 2200 Bunker Hill Isabella's at the Ryan House Isabella's+ (Sunday Sale) 1375 Locust St Knights of Columbus Knights of Columbus # 510+(Sunday Sale) 781 Locust St Passed, approved and adopted this 20th day of March, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Scnneider, City Clerk Connors moved adoption of the Resolution. Seconded by Jones. Motion carried 7-0. ITEMS TO BE SET FOR PUBLIC HEARING 2006 Asphalt Paving Project: City Manager recommending initiation of the public bidding process for the 2006 Asphalt Paving Project and that a public hearing be set for April 17, 2006 to consider adoption of the plans and specifications, presented and read. Cline moved that the communication be received and filed. Seconded by Michalski. Motion carried 7-0. RESOLUTION NO, 99-06 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the 2006 Asphalt Paving Project in the estimated amount of $1,208,750.43 are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 20.h day of March, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Michaiski. Motion carried 7-0. RESOLUTION NO. 100-06 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection of the 2006 Asphalt Paving 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 17th day of April, 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 fiie objections to the proposed plans, specifications, contract, or estimated cost of the improvement Passed, adopted and approved this 20.h day of March, 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. 101-06 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: Regular Session, March 20, 2006 99 That the 2006 Asphalt Paving 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 11th day of April, 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 17'h day of April, 2006. Passed, adopted and approved this 20'h day of March, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resoiution. Seconded by Michalski. Motion carried 7-0. Port of Dubuque Parking Lot #1 Project: City Manager recommending initiation of the public bidding process for the Port of Dubuque Parking Lot #1 Project and that a public hearing be set for April 17, 2006 to consider adoption of the plans and specifications, presented and read. Cline moved that the communication be received and filed. Seconded by Michalski. Motion carried 7-0. RESOLUTION NO. 102-06 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 Port of Dubuque - Parking Lot NO.1 Reconstruction and Landscaping Project in the estimated amount of $454,740 are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 20'h day of March, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Cierk Cline moved adoption of the Resolution. Seconded by Michalski. Motion carried 7-0. RESOLUTION NO. 103-06 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection of the Port of Dubuque - Parking Lot No. 1 Reconstruction and Landscaping 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 17'h day of April, 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 March, 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. 104-06 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Port of Dubuque - Parking Lot NO.1 Reconstruction and Landscaping 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 6'h day of April, 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 17'h day of April, 2006. Passed, adopted and approved this 20'h day of March, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 100 Regular Session, March 20, 2006 Cline moved adoption of the Resolution. Seconded by Michalski. Motion carried 7-0. AY. McDonald Park Development - Phase II Project: City Manager recommending initiation of the public bidding process for the AY. McDonald Park Development- Phase II Project and that a public hearing be set for May 1, 2006 to consider adoption of the plans and specifications, presented and read. Cline moved that the communication be received and filed. Seconded by Michalski. Motion carried 7-0. RESOLUTION NO. 105-06 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the AY. McDonald Park Development Project, Phase II, in the estimated amount of $658,758, are hereby approved and ordered filed in the office of the City Clerk, for public inspection. Passed, approved and adopted this 20th day of March, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Michalski. Motion carried 7-0. RESOLUTION NO. 106-06 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS WHEREAS, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for publiC inspection of the AY. McDonald Park Development Project, Phase 11. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, that on the 1 st day of May, 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, approved and adopted this 20th day of March, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Michalski. Motion carried 7-0. RESOLUTION NO. 107-06 ORDERING BIDS BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the AY. McDonald Park Development Project, Phase II is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than forty-five days prior to the receipt of said bids at 10:00 a.m. on the 18th day of April, 2006, at IDOT, Office of Contracts, 800 Lincoln Way, Ames, Iowa. 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 1st day of May, 2006. Passed, approved and adopted this 20th day of March, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Michalski. Motion carried 7-0. BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Boards/Commissions: Arts and Cultural Affairs Advisory Commission (One unexpired three-year term (Arts position) through 6/30/07 Applicants: Gail Chavenelle, Catherine Goodman, Thomas Goodman, Richard Hall, Ellen Hartman Henkels, Louise Kames, Otto Krueger, loana Mamali, Michelle McKinlay, Gene Perry, Edwin Ritts, Jr., John Tilton, Gene Tully, John Woodin The following applicants appeared and requested Council consideration for appointment to the Arts and Cultural Affairs Advisory Commission: Gail Chavenelle, Gene Tully, Tom Goodmann, Ellen Hartman Henkels, Otto Krueger, John Woodin and Louise Kames. Zoning Board of Adjustment (One 5-year term through 3/25/11 - term of Klauer) Applicant: Regular Session, March 20, 2006 101 Randy Klauer. Randy Klauer. spoke requesting consideration for reappointment. Appointments to the following Boards / Commissions: Community Development Advisory Commission (One At-Large position [Wainwright] through 2/15/09 and one Low/Moderate Income position [isenhart] through 2/15/09) Applicants for At-Large Position: R.J. Sullivan, Thomas C. Wainwright; Applicant for Low / Moderate income Position: Hillary A. Stubben. Upon unanimous vote, Thomas Wainwright was reappointed to a three year tenn which will expire 2/15/09. Michaiski moved that Hillary A. Stubben be appointed to a three year tenn which will expire 2/15/09. Seconded by Cline. Motion carried 7-0. Electrical Code Board (One Journeyman / Maintenance position [Pfohl] through 5/21/08, one At-Large position [Pregler] through 5/21/08, and two Electrical Background positions [new] through 5/21/09) Applicants: Bob Schmidt, Paul J. Uhlrich - Additional Applicant: Kevin Pfohl Michalski moved that Kevin Pfohl be reappointed to an unexpired term to expire 5/21/08 and Bob Schmidt and Paul Uhlrich appointed to new terms which will expire 5/21/09. Seconded by Cline. Motion carried 7-0. TV Cable Teleprogramming Commission (one vacant term through 6/30/06 and one vacant tenn through 6/30/07): Applicant: Burton Everist Connors moved that Mr. Everist be appointed to a tenn to expire 6/30/07. Seconded by Cline. Motion carried 7-0. PUBLIC HEARINGS 605 Peru Road - Request to Rezone: Communication from Robert Clauer requesting that the rezoning of property located at 605 Peru Road be tabled; Proof of publication on notice of hearing to consider rezoning property located at 605 Peru Road from R-1 Single-Family Residential District to LI Light Industrial District as requested by Robert Ciauer, presented and read. Cline moved that the communication be received and filed and tabled action on the rezoning. Seconded by Lynch. Motion carried 7. o. Michalski moved that the rules be suspended to allow anyone present to address the Council. Seconded by Cline. Motion carried 7-0. Roger Kunde/North End Wrecking - Request to Rezone (Tabled on February 20, 2006): 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 Wrecking 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; Communication from Dan McDermott, McDermott Brothers Construction, in opposition to the proposed rezoning, presented and read. Steve Simon, 2160 Ciarke Drive, distributed a letter and spoke in support of the requested rezoning. Hope Huseman, 245 Olympic Heights, Bill Link, 800 Hawkeye Heights, Joan Schueller and Mike Burns spoke in opposition to the proposed rezoning. Jim Sullivan, 3091 Oak Crest, spoke questioning the fencing of this development. An Ordinance amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reciassifying property located at 55 West 32nd Street from AG Agricultural District to HI Heavy Industrial District, presented and read. Michalski moved that this be considered the first reading of the Ordinance. Seconded by Cline. Carried by the following vote: Yeas-Braig, Cline, Connors, Jones, Lynch. Nays-Buol, Michalski. Alta Vista / Carlotta Street Reconstruction Project: Proof of publication on notice of hearing to consider adoption of the pians and specifications for the Alta Vista / Carlotta Street Reconstruction Project and City Manager recommending approval of the pians and specifications and the Resoiution of Necessity, presented and read. Connors moved that the proof and communication be received and filed. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 108-06 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 15th day of February, 2006, plans, specifications, fonn of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Alta Vista - Carlotta Streets Reconstruction Project. Whereas, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby 102 Regular Session, March 20, 2006 approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, adopted and approved this 20" day of March, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Connors moved adoption of the Resolution. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 109-06 RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PROPOSED FOR THE ALTA VISTA - CARLOTTA STREETS RECON- STRUCTION PROJECT Whereas, the City Council has proposed a Resolution of Necessity for the Alta Vista - Carlotta Streets Reconstruction Project has given notice of the public hearing thereon as required by law; and Whereas, the publiC hearing has been held, all persons offering objections have been heard and consideration given to all objections and is pending before this Council; and Whereas, this is the time and place set as provided for the taking of action on the proposed Resolution of Necessity. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed Resolution of Necessity described above is hereby: _X_ Adopted, without amendment, and all objections filed or made having been duly considered are overruled. _ Adopted as amended by the Schedule of Assessments attached hereto as Exhibit A, and made a part hereof by reference. All objections filed or made having been duly considered are overruled. _ Deferred for later consideration to a City Council meeting to be held on the_ day of ,2006, next at 6:30 p.m. in the Public Library Auditorium, with jurisdiction retained for further consideration and action at the adjourned meeting. _ Abandoned. Passed, adopted and approved this 20th day of March, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Connors moved adoption of the Resolution. Seconded by Jones. Motion carried 7-0. General Obligation Bonds - Stormwater Projects: Proof of publication on notice of hearing to consider issuing $2,900,000 in General Obligation Bonds to support storrnwater projects and City Manager recommending approval to take additional action for the issuance, presented and read. Cline moved that the proof and communication be received and filed. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 110-06 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $2,900,000 GENERAL OBLIGATION BONDS WHEREAS, pursuant to notice published as required by law, this Council has held a publiC meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $2,900,000 General Obligation Bonds for essential corporate purposes of paying costs of the acquisition, construction and installation of stormwater and storm sewer utility facilities and improvements, including the 32nd Street Detention Basin construction, Bee Branch land acquisition, North Fork Catfish Creek Ditch and Culvert construction, and other storm sewer, stream bank and detention basin improvements, and has considered the extent of objections received from residents or property owners as to said proposed issuance of Bonds; and, accordingly the following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council does hereby institute proceedings and take additional action for the sale and issuance in the manner required by law of not to exceed $2,900,000 General Obligation Bonds for the foregoing essential corporate purposes. Section 2. That this Resolution be and does hereby serve as a declaration of official intent under Treasury Regulation 1.150-2, because the City reasonably expects to reimburse with the proceeds of the Bonds, all or a portion of original expenditures incurred in connection with the above purpose. PASSED AND APPROVED this 20th day of March, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Jones. Motion carried 7-0. General Obligation Urban Renewal Bonds - Parking Ramp Restoration Projects: Proof of publication on notice of hearing to consider issuing $910,000 in General Obligation Urban Renewal Bonds to support restoration projects at the Locust Street and iowa Street Parking Ramps and City Manager recommending approval to take additional action for the issuance, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. Regular Session, March 20, 2006 103 RESOLUTION NO. 111-06 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $910,000 GENERAL OBLIGATION URBAN RENEWAL BONDS WHEREAS, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $910,000 General Obligation Urban Renewal Bonds for urban renewal purposes of the City, in order to provide funds for paying costs of aiding In the planning, undertaking and carrying out of urban renewal project activities under the authority of Chapter 403 of the Code of Iowa and the Urban Renewai Pian for the Greater Downtown Urban Renewal District, including those costs associated with the construction of improvements to the Iowa Street and Locust Street public parking ramp facilities, and no petition was filed calling for a referendum thereon, and this Council has considered the extent of objections received from residents or property owners as to said proposed issuance of bonds; and, accordingly the following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council does hereby institute proceedings and take additional action for the sale and issuance in the manner required by law of not to exceed $910,000 General Obligation Urban Renewal Bonds for the foregoing urban renewal purposes. Section 2. That this Resolution be and does hereby serve as a declaration of official intent under Treasury Regulation 1.150-2, because the City reasonably expects to reimburse with the proceeds of the Bonds, all or a portion of original expenditures incurred in connection with the above purpose. Passed and approved this 20th day of March, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. General Obligation Bonds - Refunding of Balances: Proof of publication on notice of hearing to consider issuing $3,730,000 in General Obligation Bonds to refund the outstanding balance on 2000 Series Band C Bonds and City Manager recommending approval to take additional action for the issuance, presented and read. Cline moved that the proof and communication be received and filed. Seconded by Connors. Motion carried 7- O. RESOLUTION NO. 112-06 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $3,730,000 GENERAL OBLIGATION REFUNDING BONDS WHEREAS, pursuant to notice published as required by iaw, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $3,730,000 General Obligation Refunding Bonds for the essential corporate purpose of paying costs of refunding and refinancing of outstanding City indebtedness, consisting of the General Obligation Bonds, Series 2000B, dated June 1, 2000, and the General Obiigation Bonds, Series 2000C, dated November 1, 2000, and has considered the extent of objections received from residents or property owners as to said proposed issuance of Bonds; and, accordingly the following action is now con.sidered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council does hereby institute proceedings and take additional action for the sale and issuance in the manner required by law of not to exceed $3,730,000 General Obligation Refunding Bonds for the foregoing essential corporate purpose. PASSED AND APPROVED this 20~ day of March,2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Sale of General Obligation Bonds (Not a Public Hearing): City Manager recommending approval of the proceedings to set the date of sale of General Obligation Bonds in the aggregate principal amount of $7,305,000, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 113-06 RESOLUTION DIRECTING THE ADVERTIS- EMENT FOR SALE OF GENERAL OBLIGATION BONDS, SERIES 2006A, GENERAL OBLIGATION URBAN RENEWAL BONDS, SERIES 2006B, AND GENERAL OBLIGATION REFUNDING BONDS, SERIES 2006C, IN THE AGGREGATE PRINCIPAL AMOUNT OF $7,305,000, AND APPROVING ELECTRONIC BIDDING PROCEDURES WHEREAS, the City of Dubuque, Iowa, is in need of funds to pay costs of the acquisition, construction, and installation of stormwater and storm sewer utility facilities and improvements, including the 32nd Street Detention Basin 104 Regular Session, March 20, 2006 construction, Bee Branch land acquisition, North Fork Catfish Creek Ditch and Culvert construction, and other storm sewer, stream bank and detention basin improvements, essential corporate purpose projects, and it is deemed necessary and advisable that the City issue general obligation bonds for said purpose in the amount of not to exceed $2,900,000 as authorized by Section 384.25 of the City Code of Iowa; and WHEREAS, pursuant to notice published as required by Section 384.25 this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of the above described Bonds, and all objections, if any, to such Council action made by any resident or property owner of said City were received and considered by the Council; and it is the decision of the Council that additional action be taken for the issuance of said Bonds, and that such action Is considered to be in the best interests of said City and the residents thereof; and WHEREAS, the City aiso is in need of funds to pay costs of aiding in the planning, undertaking and carrying out of urban renewal project activities under the authority of Chapter 403 of the Code of Iowa and the Urban Renewal Plan for the Greater Downtown Urban Renewal District, including those costs associated with the construction of improvements to the Iowa Street and Locust Street public parking ramp facilities, and it is deemed necessary and advisable that the City issue general obligation urban renewal bonds for said purpose to the amount of not to exceed $910,000 as authorized by Sections 403.12 of the Code of Iowa; and WHEREAS, pursuant to notice published as required by Sections 403.12 this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of the above described Bonds, and no petitions were filed calling for an election thereon and all objections, if any, to such Council action made by any resident or property owner of said City were received and considered by the Council; and it is the decision of the Council that additional action be taken for the issuance of said Bonds, and that such action is considered to be in the best interests of said City and the residents thereof; and WHEREAS, the City also is in need of funds to pay costs of refunding and refinancing of outstanding City indebtedness, consisting of the General Obligation Bonds, Series 2000B, dated June 1, 2000, and the General Obligation Bonds, Series 2000C, dated November 1, 2000, an essential corporate purpose project, and it is deemed necessary and advisable that the City issue general obligation refunding bonds for said purpose to the amount of $3,495,000 as authorized by Section 384.25 of the City Code of Iowa; and WHEREAS, pursuant to notice published as required by Section 384.25 this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of the above described Bonds in the principal amount of not to exceed $3,730,000, and all objections, if any, to such Council action made by any resident or property owner of said City were received and considered by the Council; and it is the decision of the Council that additional action be taken for the issuance of said Bonds, and that such action is considered to be in the best interests of said City and the residents thereof; and WHEREAS, the Council has received information from its Financial Consultant recommending the procedure hereinafter described for electronic, facsimile and intemet bidding to maintain the integrity and security of the competitive bidding process and to facilitate the delivery of bids by interested parties; and WHEREAS, the Council deems it in the best interests of the City and the residents thereof to receive bids to purchase such Bonds by means of both sealed and electronic internet communication. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the receipt of electronic bids by facsimile machine and through the PARITY@ competitive bidding system described in the Notice of Sale are hereby found and determined to provide reasonable security and to maintain the integrity of the competitive bidding process, and to facilitate the delivery of bids by interested parties in connection with the offering of the Bonds hereinafter described at public sale. Section 2. That the City Manager be and is hereby authorized and directed to determine an appropriate date for sale of the Bonds and that the Clerk, upon being so notified by the City Manager of the sale date, is hereby directed to publish notice of sale of said Bonds at least once, the last one of which shall be not less than four clear days nor more than twenty days before the date of the sale. Publication shall be made in the Telegraph Herald, a legal newspaper, printed wholly in the English language, pUblished within the county in which the Bonds are to be offered for sale or an adjacent county. Said notice is given pursuant to Chapter 75 of the Code of Iowa, and shall state that this Council, on the date of sale selected by the City Manager, at 6:30 o'clock P.M., will hoid a meeting to receive and act upon bids for said Bonds; said notice to be in substantially the following form: NOTICE OF BOND SALE Regular Session, March 20, 2006 105 Time and Place of Sealed Bids: Sealed bids for the sale of Bonds of the City of Dubuque, Iowa, will be received at the office of the Finance Director, City Hall, 50 West 13th Street, in the City of Dubuque, Iowa (the "Issuer") at 11 :00 o'clock A.M., on the 3rd day of March, 2006. The bids will then be publicly opened and referred for action to the meeting of the City Council in conformity with the terms of offering. Sale and Award: The sale and award of the Bonds will be held at the Auditorium, Carnegie- Stout Public Library, Dubuque, Iowa, at a meeting of the City Council on the above date at 6:30 o'clock P.M. The Bonds: The Bonds to be offered are the following: GENERAL OBLIGATION BONDS, SERIES 2006A, in the amount of $2,900,000, to be dated the date of delivery. GENERAL OBLIGATION URBAN RENEWAL BONDS, SERIES 2006B, in the amount of $910,000, to be dated the date of delivery. GENERAL OBLIGATION REFUNDING BONDS, SERIES 2006C, in the amount of $3,495,000, to be dated the date of delivery. (together, the "Bonds") Adjustment of Principal Amount. The Issuer reserves the right to increase or decrease the a9gregate principal amount of the Series 2006C Bonds by an amount not to exceed $235,000. Any such change will be in increments of $5,000, and may be made in any of the maturities. The purchase price will be adjusted proportionately to reflect any change in issue size. Manner of Bidding: Open bids will not be received. Bids for each series of the Bonds will be received by any of the following methods: $ Sealed Bidding: Sealed bids may be submitted and will be received at the office of the Finance Director, Dubuque, Iowa $ Electronic Internet Bidding: Electronic internet bids will be received at the office of the Finance Director, Dubuque, Iowa. The bids must be submitted through the PARITY@ competitive bidding system. $ Electronic Facsimile Bidding: Eiectronic facsimile bids will be received at the office of the Finance Director, Dubuque, Iowa (facsimile number: 563/589-0890). Electronic facsimile bids will be sealed and treated as sealed bids. Consideration of Bids: After the time for receipt of bids has passed, the close of sealed bids will be announced. Sealed bids will then be publicly opened and announced. Finally, electronic internet bids will be accessed and announced. Official Statement: The Issuer has issued an Official Statement of information pertaining to the Bonds to be offered, including a statement of the Terms of Offering and an Official Bid Form for each series, which is incorporated by reference as a part of this notice. The Official Statement may be obtained by request addressed to the City Clerk, 50 W. 13th Street, Dubuque, Iowa 52001 (telephone: 563/589- 4100) or the financial advisor to the City, Public Financial Management, Inc., 2600 Grand Avenue, Des Moines, Iowa 50312 (telephone: 515/243-2600). Terms of Offering: All bids shall be in conformity with and the sale shall be in accord with the Terms of Offering as set forth in the Official Statement. Legal Opinion: Said Bonds will be sold subject to the opinion of Ahlers & Cooney, P.C., Attorneys of Des Moines, Iowa, as to the legality and their opinion will be furnished together with the printed Bonds without cost to the purchaser and all bids will be so conditioned. Except to the extent necessary to issue their opinion as to the legality of the Bonds, the attorneys will not examine or review or express any opinion with respect to the accuracy or completeness of documents, materials or statements made or furnished in connection with the sale, issuance or marketing of the Bonds. Rights Reserved: The right is reserved to reject any or all bids, and to waive any irregularities as deemed to be in the best interests of the public. By order of the City Council of the City of Dubuque, Iowa. /s/ Jeanne F. Schneider City Clerk of the City of Dubuque, Iowa (End of Notice) PASSED AND APPROVED this 20th day of March,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 Braig. Motion carried 7-0. ACTION ITEMS River Pointe Development, LLC - Request to Rezone (First Reading on February 20, 2006; Second Reading on March 6, 2006) Communication from Sister Margaret Ann Willging regarding the proposed development on Kelly's Bluff; Communication from Gene Tully requesting to address the City Council regarding the River Pointe Development; Communication from Francine Banworth requesting to address the City Council regarding the River Pointe Development, presented and read. Cline moved that the communications be received and filed. Seconded by Jones. Motion carried 7-0. 106 Regular Session, March 20, 2006 Gene Tully, 448 Summit, spoke requesting the development be scaled down and Mr. Spiegel pay for full cost of necessary improvements. Francine Banworth, 985 South Grandview, spoke requesting final action be tabled until final plan submitted and that it be held to scale in regards to the bluff. Attorney Mike Coyle, representing River Pointe, spoke clarifying that tonight's decision was for the rezoning not the building design or permij. Dan Hammel, President of Dubuque Building and Construction Trades Council, clarified that rumors of using non-union labor for this project are not true. 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, said Ordinance having been presented and read at the Council Meetings of 2120/06 and 3/6/06, presented for final action. OFFICIAL PUBLICATION ORDINANCE NO. 27-06 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRI- BED PROPERTY LOCATED AT 600 MAZZUCHELLI DRIVE FROM R-2 TWO- FAMILY RESIDENTIAL DISTRICT TO PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PR PLANNED RESIDENTIAL DISTRICT DESIGNATION AND ADOPTING A CONCEPTUAL DEVELOPMENT PLAN, WITH CONDITIONS, FOR RIVER POINTE DEVELOPMENT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter-described property from R-2 Two-Family Residential District to PUD Planned Unit development District with a PR Planned Residential District designation and adopting a conceptual development plan, a copy of which is attached to and made a part hereof, with conditions as: Lot 2 of City Lot 723, City Lot 698, City Lot 693A, Lot 1 of Lot 2 City Lot 694, Lot 2 of Lot 1 City Lot 694, Lot 2 City Lot 697, Lot 2 City Lot 726, Lot 2 of Lot 1 City Lot 725, Lot 1 of 1 of 19 City Lot 724 and Lot 2 of Roman Catholic Grave Yard, 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 owner agrees to the following conditions, all of which the property owner further agrees are reasonable and imposed to satisfy the public needs that are caused directly by the zoning reclassification: A. Use Regulations. The following regulations shall apply to all uses made of land in the above-described PUD District: 1) Principal permitted uses shall be limited to: a) Multi-family dwellings: Two (2) 120-unil condominium buildings. 2) Accessory uses shall include any use customarily incidental and subordinate to the principal use it serves. B. Lot and Bulk Regulations. Development of land in the PUD District shall be regulated as follows: 1) The proposed condominium development shall be constructed in substantial compliance with the attached conceptual development plan. 2) Maximum building height shall be limited to 165 feet and 12-stories for buildings A and B. Building height shall be measured form the floor elevation of the first story to the peak of the highest roof structure C. Performance Standards The development and maintenance of uses in this PUD District shall be regulated as follows: 1) River Pointe Development, LLC shall contribute a total of $150,000 toward off-site street improvements related to this PUD. The contribution shall be made in $50,000 increments, paid to the City of Dubuque in fiscal years 2012,2013 and 2014. 2) Parking Regulations Off-street parking shall be provided based on a ratio of 2.5 spaces per dwelling unit. ?AII vehicle-related features shall be surfaced with either asphalt or concrete. ? Curbing and proper surface drainage of storm water shall be provided. ? All parking and loading spaces shall be delineated on the surfacing material by painted stripes or other permanent means. ? The number, size and design of parking spaces shall be governed by applicable provisions of City of Dubuque Ordinances enforced at the time of development of the lot. ? The number, size, design and location of parking spaces designated for persons with disabilities shall be according to the local, state or federal requirements in effect at the time of development. 3) Blasting shall be prohibited within the area governed by this planned unit development. 4) Site Lighting a) Exterior illumination of sije features shall be limited to the illumination of the following: Regular Session, March 20, 2006 Parking areas, driveways and loading facilities. Pedestrian walkway surfaces and entrances to building. Screened storage areas. Building exterior b) Location and Design: No light source shall provide illumination onto adjacent lots, buildings or streets in excess of 1.0 foot candle. All exterior lighting iuminaries shall be designed and installed to shield light from the luminaire at angles above 72-degrees from vertical. A lighting plan shall be included as part of site plan submittals that indicates types of lights used and ground light pattern for building lighting of building and parking-related features. Fixtures mounted on a building shall not be positioned higher than the roofline of the building. The top post mounted free-standing fixtures shall not be higher than 30 feet above the ground. All electrical service lines to posts and fixtures shall be underground and concealed inside the posts. 5) Storm Water Conveyance: The developer shall be responsible for providing surface or subsurface conveyance(s) of storm water from the lot to existing storm sewers or to flow line of open drainageways outside the lot in a means that is satisfactory to the City of Dubuque. Other applicable regulations enforced by the City of Dubuque relative to storm water management and drainage shall apply to the subject property. 6) Exterior Trash Collection Areas: The storage of trash and debris shall be limited to that produced by the principal permitted use and accessory uses of the lot. All exterior trash collection areas and the materia is contained therein shall be visually screened from view. The screening shall be completely opaque fence, wall or other feature not exceeding a height of 10 feet measured from the ground levei outside the line of the screen. Screens built on sloping grades shall be stepped so that their top line shall be horizontal. Exposed materials used to construct the opaque screen shall be similar in appearance to materials used for exterior building walls. All exterior entrances to a screened trash area shall be provided with a gate or door of similar design to that of the screen. If a 10-foot high screen fails to shield the exterior trash collection area from view from points inside or outside of the property, evergreen plantings may be required in addition to the screening. Evergreen plant materials shall be selected and designed so that they will 107 screen the area from all off-site visibility within five (5) years. 7) Final site development plans shall be submitted in accordance with Section 4-4 of the Zoning Ordinance prior to construction of any buildings. D. Open Space and Recreation Areas Open space and landscaping in the PUD District shail be reguiated as follows: Those areas not designated on the conceptual development plan shall be maintained as open space, as defined by Section 8 of the Zoning Ordinance by the property owner and/or association. E. Sign Regulations 1) Signs in the PUD District shall be regulated in accordance with the OR Office Residential sign regulations of the Zoning Ordinance. 2) Variance requests from sign requirements for size, number and height shall be reviewed by the Zoning Board of Adjustment in accordance with Section 5-3 of the Zoning Ordinance. F. Other Codes and Regulations a) Service lines: All electric telephone, cable or other similar utility lines serving the building and other site features shall be located underground. b) Final site development plans shall be submitted in accordance with Section 4-4 of the Zoning Ordinance prior to construction of each building and vehicle-related features unless otherwise exempted by Section 4-4. c) The use of semi-trailers and shipping containers for storage is prohibited. d) These regulations do not relieve the owner from other applicable city, county, state or federal codes, regulations, laws and other controls relative to the planning, construction, operation and management of property within the City of Dubuque. G. Transfer of Ownership Transfer of ownership or lease of property in this PUD District shall include the transfer or lease agreement a provision that the purchaser or lessee acknowledges awareness of the conditions authorizing the establishment of the district. H. Reclassification of Subject Property The City of Dubuque, Iowa, may initiate zoning reclassification proceedings to the R-2 Two- Family Residential 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.Occupancy Permits No occupancy permit shall be issued by the City of Dubuque for property included in the subject 108 Regular Session, March 20, 2006 planned unit development district until full compliance with this ordinance has been achieved. K. 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. This ordinance shall be binding upon the undersigned and hisfher 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. Passed, approved and adopted this 20th day of March, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk ACCEPTANCE OF ORDINANCE NO. 27-06 I, A.J. Spiegei, representing River Pointe Development, LLC, property owner, having read the terms and conditions of the foregoing Ordinance No. 27-06 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 20th day of March, 2006. By: Isl A.J. Spiegel Cline moved final consideration and passage of the Ordinance. Seconded by Jones. Motion carried 7-0. Fiscal Year 2007 Annual Action Plan - Amendment #1: Community Development Advisory Commission recommending approval of Amendment #1 to the Fiscal Year 2007 Annual Action Pian which wouid reduce funding for multiple public service activities; City Manager recommending approval of Amend- ment #1 to the Fiscal Year 2007 Annual Action Plan for the use of Community Development Biock Grant Funds by reducing the Housing and Economic Development Programs and the Community Partnership (cp2) Program, presented and read. Cline moved that the communication be received and filed. Seconded by Michalski. Carried by the following vote: Yeas-Buol, - C.ne, Connors, Jones, Lynch, Michalski. Nays-Braig. Jim Giesen, 1600 Lori, representing the Community Development Advisory Commission, spoke clarifying the requested amendment and stressed he would not want to see the cp2 Program cut and requested a compromise be considered. RESOLUTION NO. 114-06 RESOLUTION APPROVING AMENDMENT 1 TO THE FISCAL YEAR 2007 (PROGRAM YEAR 2006) ANNUAL ACTION PLAN FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. Whereas, the City of Dubuque has prepared and approved an Annual Plan for Fiscal Year 2007 (Program Year 2006), and Whereas, the City now desires to amend said FY 2007 Annual Plan to reflect the reduced FY 2007 CDBG allocation as per the attached Exhibit A; and Whereas, said amendment is a substantial amendment as provided in the City's Citizen Participation Plan and must therefore be approved by resolution of the City Council after a public hearing by the Community Development Advisory Commission; and Whereas, the City held a public comment period beginning February 10, 2006; and Whereas, the Community Development Advisory Commission reviewed the proposed amendment on March 14. 2006 and voted to approve said. amendment and to recommend approval by the Cijy Council. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Amendment 1 to the Fiscal Year 2007 (Program Year 2006) Annual Plan for the Community Development Block Grant (CDBG) program hereto attached as 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 20th day of 2006. Roy D Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Michalski. Carried by the following vote: Yeas-Buol, Cline, Connors, Jones, Lynch, Michalski. Nays-Braig. Speed Limit on Tanzanite Drive: Communication from Mert Atkinson, 1810 Amelia Drive, requesting that the speed limit on Tanzanite Drive between Peru Road and John Deere Road be increased from 25 miles per hour to 35 miles per hour, presented and read. Braig moved to receive and file the communication and to direct staff to review the request. Seconded by Connors. Motion failed by the following vote: Yeas-Braig, Connors, Michalski. Nays-Buol, Cline, Jones, Lynch. City of Dubuque Audit Services: City Manager recommending that Eide Bailly LLP be retained as the Cijy's auditing firm for the next five fiscal years, presented and read. Lynch moved that the communication be received and filed and Regular Session, March 20, 2006 109 approved recommendation. Seconded by Braig. Motion carried 7-0. Hunting and Target Practice within City Limits (First Reading 3/6/06): An Ordinance Amending City of Dubuque Code of Ordinances Chapter 33, Offenses and Miscellaneous Provisions, by adopting a new Section 33-17 Hunting Permitted, allowing hunting and target practice within the corporate limits of the City under certain conditions, said Ordinance having been presented and read at the Council Meeting of 3/6/06, now presented for further action. Connors moved that this be considered the second reading of the Ordinance. Seconded by Lynch. Carried by the following vote: Yeas- Buol, Connors, Jones, Lynch. Nays-Braig, Cline, Michalski. COUNCIL MEMBER REPORTS Cline reported she had been asked to participate on the TAG committee of ECIA. Michalski stated a written report of the recent trip to Washington DC and meeting with the legislators was being prepared. Buol stated he had attended an excellent seminar on emergency management at the NLC Conference. PUBLIC INPUT At 9:19 P.M. Connors moved to go into Closed Session re: Pending Litigation and Property Acquisition - Chapter 21.5(1) (c)O) 2005 Code of Iowa. Seconded by Bralg. Motion carried 7-0. At 9:38 P.M. Council reconvened regular session stating staff had been given proper direction. There being no further business, Connors moved to adjourn. Seconded by Braig. Motion carried 7-0. The meeting adjourned at 9:39 P.M. /s/ Jeanne F. Schneider, CMC City Clerk 11 3/29 Approved: 2006 Adopted 2006 Mayor Council Members Attest: City Clerk