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02 06 06 City Council Proceedings Official _SpecialCITY COUNCIL OFFICIAL City Council, Regular Session, February 6, 2006 Council met at 6:30 P.M. in the Public Library Auditorium Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski, City Manager Van Milligen, Corporation Counsel Lindahl Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of discussing such matters which may properly come before the Council. Invocation was given by President Ken Daughters, Emmaus Bible College. Proclamation: Parent Leadership Month (February 2006) received by Julie Woodyard. CONSENT ITEMS Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 11/29; City Council of 1/12, 1/17 and 1/30; Civil Service Commission of 12/16; Environmental Stewardship Advisory Commission of 1/3; Historic Preservation Commission of 1/19; Housing Commission of 11/22; Human Rights Commission of 12/12; Investment Oversight Advisory Commission of 1/25; Library Board of 12/15; Long Range Planning Advisory Commission of 1/18; Mechanical Code Board of 10/6; Park and Recreation Commission of 1/10; Zoning Board of Adjustment of 1/26, presented and read. Jones moved that the minutes be received and filed. Seconded by Connors. Motion carried 7-0. Investment Oversight Advisory Commission submitting the 51 st Quarterly Report, presented and read. Jones moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. Substance Abuse Services Center Second Quarter Report for Fiscal Year 2006, presented and read. Jones moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. Library Board of Trustees Update from Meeting of January 26, 2006, presented and read. Jones moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. Proofs of publication of City Council Proceedings of 12/5, 1/3, 1/12 and 1/17; Proofs of publication of List of Claims and Summary of Revenues for months ending November 30, 2005 and December 31, 2005, presented and read. Jones moved that the proofs be received and filed. Seconded by Connors. Motion carried 7-0. Notice of Claims/Suits: Stacey Duster for vehicle damage; Vincent and Marjorie Erhart for property damage; Jerry Grutz for property damage; Maureen Schulz for personal injury; Donald Stumpf for personal injury; Paul J. Uhlrich for vehicle damage; Union Insurance Company for property damage; Wells Fargo Bank Minnesota vs City of Dubuque, et al, presented and read. Jones moved that the communications be received and filed and referred to the City Attorney for investigation and report. Seconded by Connors. Motion carried 7-0. Corporation Counsel advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Bernice Breitfelder for property damage; Mary V. Kearney for personal injury; Stacey Duster for vehicle damage, presented and read. Jones moved that the communications be received and filed and concurred. Seconded by Connors. Motion carried 7-0. 1 Corporation Counsel recommending settlement of the claim of Vincent and Marjorie Erhart for property damage and the claim of Paul Uhlrich for vehicle damage and direct the Finance Department to issue payment, presented and read. Jones moved that the communications be received and filed and concurred and Finance Department to issue payment. Seconded by Connors. Motion carried 7-0. Corporation Counsel recommending denial of the claim of Jesse Rans for property damage, presented and read. Jones moved that the communication be received and filed and concurred. Seconded by Connors. Motion carried 7-0. Corporation Counsel recommending that the claim of Jerry Grutz for property damage be referred to the Control Board of the Dubuque Drug Task Force, presented and read. Jones moved that the communication be received and filed and concurred. Seconded by Connors. Motion carried 7-0. Governor's Traffic Safety Grant: City Manager recommending approval of the submission of a Governor's Traffic Safety Grant application for special traffic enforcement from April 1, 2006 to September 30, 2006, presented and read. Jones moved that the communication be received and filed and approved recommendation. Seconded by Connors. Motion carried 7-0. Synergy Court Construction Project: City Manager recommending acceptance of the Synergy Court Construction Project as completed by Top Grade Excavating, Inc., in the final contract amount of $410,342.13, presented and read. Jones moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 30-06 ACCEPTING THE SYNERGY COURT DICW - STREET AND UTILITIES CONSTRUCTION PROJECT Whereas, the contract for the Synergy Court DICW - Street and Utilities Construction Project (the Project) has been completed and the City Manager has examined the work and filed a certificate stating that the Project has been completed according to the terms of the contract, plans and specifications and that the City Manager recommends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Manager is approved and the Project is hereby accepted. Section 2. The City Treasurer is hereby directed to pay to the contractor from the Dubuque Industrial Center West (DICW) Funds (CIP 3601481) appropriation for the contract amount of $410,342.13 less any retained percentage provided for therein as provided in Iowa Code Chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code Chapter 573. Passed, approved and adopted this 6th day of February, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Jones moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 31-06 FINAL ESTIMATE Whereas, the construction contract for the Synergy Court DICW - Street and Utilities Construction Project, has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $449,677.12 and the said amount shall be paid from the Dubuque Industrial Center West (DICW) Funds (CIP 3601481). Passed, approved and adopted this 6th day of February, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 2 Jones moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Sixth Street, Seventh Street and Washington Park Reconstruction/Renovation Project: City Manager recommending acceptance of the Sixth Street, Seventh Street and Washington Park Reconstruction/Renovation Project as completed by Portzen Construction in the final contract amount of $786,666.02, presented and read. Jones moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 32-06 ACCEPTING THE 6TH & 7TH STREET RECONSTRUCTION AND THE WASHINGTON PARK RENOVATION PROJECT Whereas, the contract for the 6th & 7th Street Reconstruction and the Washington Park Renovation Project (the Project) has been completed and the City Manager has examined the work and filed a certificate stating that the Project has been completed according to the terms of the contract, plans and specifications and that the City Manager recommends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Manager is approved and the Project is hereby accepted. Section 2. The City Treasurer is hereby directed to pay to the contractor from the Fiscal Year 2005 Street Construction Fund, Fiscal Year 2005/2006 Washington Park Sidewalks, Fiscal Year 2006 Washington Park Renovation, Fiscal Year 2006 Water Main Replacement Fund, Fiscal Year 2006 Storm Sewer Improvement Fund, Fiscal Year 2006 Street Program Related Sanitary Sewer Improvements, Fiscal Year 2006 Fiber Optic Conduit — Paving Projects, Fiscal Year 2006 Signalization Program and the cost share on behalf of the Dubuque Museum of Art for brick paver replacement for the contract amount of $786,666.02 less any retained percentage provided for therein as provided in Iowa Code Chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code Chapter 573. Passed, approved and adopted this 6th day of February, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Jones moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 33-06 FINAL ESTIMATE Whereas, the construction contract for the 6th & 7th Street Reconstruction and the Washington Park Renovation Project, has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $833,944.27 and the said amount shall be paid from the Fiscal Year 2005 Street Construction Fund, Fiscal Year 2005/2006 Washington Park Sidewalks, Fiscal Year 2006 Washington Park Renovation, Fiscal Year 2006 Water Main Replacement Fund, Fiscal Year 2006 Storm Sewer Improvement Fund, Fiscal Year 2006 Street Program Related Sanitary Sewer Improvements, Fiscal Year 2006 Fiber Optic Conduit — Paving Projects, Fiscal Year 2006 Signalization Program and cost share on behalf of the Dubuque Museum of Art for brick paver replacement. Passed, approved and adopted this 6th day of February, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Jones moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Eagle Street and Lindberg Terrace Sanitary Sewer Reconstruction Project: City Manager recommending acceptance of the Eagle Street and Lindberg Terrace Sanitary Sewer Reconstruction Project as completed by McDermott Excavating in the final contract amount of $55,270.02, presented and read. Jones moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. 3 RESOLUTION NO. 34-06 ACCEPTING THE LINDBERG TERRACE AND EAGLE STREET SANITARY SEWER RECONSTRUCTION PROJECT Whereas, the contract for the Lindberg Terrace and Eagle Street Sanitary Sewer Reconstruction Project (the Project) has been completed and the City Manager has examined the work and filed a certificate stating that the Project has been completed according to the terms of the contract, plans and specifications and that the City Manager recommends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Manager is approved and the Project is hereby accepted. Section 2. The City Treasurer is hereby directed to pay to the contractor from the Fiscal Year 2006 Sanitary Sewer Construction Fund appropriation for the contract amount of $55,270.02 less any retained percentage provided for therein as provided in Iowa Code Chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code Chapter 573. Passed, approved and adopted this 6111 day of February, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Jones moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 35-06 FINAL ESTIMATE Whereas, the construction contract for the Lindberg Terrace and Eagle Street Sanitary Sewer Reconstruction Project, has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $64,417.35 and the said amount shall be paid from the Fiscal Year 2006 Sanitary Sewer Construction Fund of the City of Dubuque, Iowa. Passed, approved and adopted this 6th day of February, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Jones moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Mediacom: Communication from Kathleen McMullen, Area Manager of Mediacom, advising of channel changes to be effective February 20, 2006, presented and read. Jones moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. Fiscal Year 2006 Annual Action Plan — Amendment #3: City Manager recommending approval of Amendment #3 to the Fiscal Year 2006 Annual Action Plan for expansion of the Historic Preservation Homeowner Grant Program to include non-profit organizations providing residential facilities to HUD income -eligible tenants and communication from the Historic Preservation Commission recommending approval of a proposed change to the Historic Preservation Homeowner Grant Program to include non- profit organizations providing residential facilities to HUD income -eligible tenants and to establish the Historic Preservation Housing Grant Program, presented and read. Jones moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 36-06 RESOLUTION APPROVING THE FISCAL YEAR 2006 (PROGRAM YEAR 2005) ANNUAL PLAN - AMENDMENT 3 FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS. Whereas, the City of Dubuque prepared and filed a Fiscal Year 2006 Annual Action Plan; and Whereas, the City of Dubuque now desires to amend said FY 2006 Annual Action Plan by expanding the eligible applicants for the Historic Preservation Homeowner Grant Program, and 4 Whereas, said amendment is a substantial amendment as provided in the City's Citizen Participation Plan and must therefore be approved by resolution of the City Council after a public hearing by the Community Development Advisory Commission; and Whereas, the City advertised the public comment period beginning December 8, 2005; and Whereas, the Community Development Advisory Commission reviewed the proposed amendment at a public hearing on January 11, 2006, and has voted to approve said amendment and to recommend approval by the City Council. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That said Fiscal Year 2006 (Program Year 2005) Annual Plan - Amendment 3 as shown in the attached Exhibit A is hereby approved. Section 2. That the City Manager is hereby authorized and directed to submit a copy of this resolution to the U. S. Department of Housing and Urban Development. Passed, approved and adopted this 6th day of February, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Jones moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Dubuque Area Chamber of Commerce: Communication from Steward Sandstrom, President and CEO of the Dubuque Area Chamber of Commerce, regarding the River Pointe Condominium Project, presented and read. Jones moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. East Central Intergovernmental Association: Communication from Kelley Hutton Deutmeyer, East Central Intergovernmental Association, regarding the Keyline transfer / drop off location at the Dubuque Kennedy Mall, presented and read. Jones moved that the communication be received and filed and referred to the City Manager. Seconded by Connors. Motion carried 7-0. Downtown Dubuque Design Guidelines: City Manager recommending approval of a Historic Resource Development Program (HRDP) Grant Application in the amount of $13,000 for phase one of development of the Downtown Dubuque Design Guidelines Manual, a goal of the 2004 Downtown Dubuque Master Plan, presented and read. Jones moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 37-06 RESOLUTION APPROVING THE SUBMITTAL OF AN APPLICATION FOR HISTORIC RESOURCE DEVELOPMENT PROGRAM (HRDP) GRANT FUNDS TO THE STATE HISTORICAL SOCIETY OF IOWA FOR DOWNTOWN DUBUQUE DESIGN GUIDELINES: PHASE 1 (STREETSCAPE/LANDSCAPE GUIDELINES) Whereas, the State Historical Society of Iowa has Historic Resource Development Program (HRDP) grant funds available for the preservation and interpretation of Iowa's historic and cultural resources; and Whereas, the City of Dubuque has an adopted Comprehensive Plan with goals and objectives for the preservation and interpretation of the community's historic and cultural resources; and Whereas, the City of Dubuque has adopted the Downtown Dubuque Master Plan and implementation of the plan includes the creation of design guidelines for the downtown. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Planning Services Manager is authorized to sign and submit this application to the State Historical Society of Iowa for HRDP Funds for the Downtown Dubuque Design Guidelines: Phase 1 (Streetscape/Landscape Guidelines). Section 2. That the City of Dubuque agrees to abide by all local, state and federal requirements applicable to the proposed budget. Passed, approved and adopted this 6th day of February 2006. Roy D. Buol, Mayor 5 Attest: Jeanne F. Schneider, City Clerk Jones moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. White Water Creek Bridge: City Manager recommending approval of a new site for the White Water Creek Bridge at the Bergfeld Recreation Area, presented and read. Jones moved that the communication be received and filed and approved recommendation. Seconded by Connors. Motion carried 7-0. Citizen Communication: Communication from Sister Margaret Ann Willging regarding the possibility of a Wal-Mart at the site of the former meat packing plant, presented and read. Jones moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. Comprehensive Plan Update: Communication from the Long Range Planning Advisory Commission submitting the proposed schedule for the 2006 update of the Dubuque Comprehensive Plan, presented and read. Jones moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. Request for Proposals (RFP) for Professional Auditing Services: City Manager recommending approval of the issuance of a Request for Proposals for professional auditing services for fiscal years ending June 30, 2006 through June 30, 2010, presented and read. Jones moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. U.S. Department of Housing and Urban Development: Communication from the U.S. Department of Housing and Urban Development (HUD) advising that the City's Fiscal Year 2006 allocation for the Community Development Block Grant Program is $1,256,479, presented and read. Jones moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. National League of Cities Legal Defense: City Manager recommending approval of the contribution of $198 to the National League of Cities (NLC) Legal Defense Fund, presented and read. Jones moved that the communication be received and filed and approved recommendation. Seconded by Connors. Motion carried 7-0. Ice Harbor Marina Grant: City Manager recommending approval of a revised project scope for the Iowa Department of Natural Resources (IDNR) Boating Infrastructure Grant for the Ice Harbor Marina Project to provide for the construction of eight transient slips in the Ice Harbor, presented and read. Jones moved that the communication be received and filed and approved recommendation. Seconded by Connors. Motion carried 7-0. Long Range Planning Advisory Commission: Communication from the Long Range Planning Advisory Commission recognizing the commitment of the Envision 2010 Steering Committee, the sponsors, and the many volunteers for their efforts to successfully engage citizens in the community visioning process, presented and read. Jones moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. Job Access Contract: City Manager recommending approval of a contract with A -OK Yellow Cab Company for the purpose of providing evening, weekend, and peak time transportation service to Area Residential Care using Job Access Reverse Commute (JARC) funding, presented and read. Michalski moved that the communication be received and filed and approved recommendation. Seconded by Cline. Motion carried 7-0. Railroad Revolving Loan and Grant Program: City Manager recommending approval of an application in the amount of $750,000 to the Iowa Department of Transportation for the construction of a railroad lead 6 line and spur in the Dubuque Industrial Center West, presented and read. Jones moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 38-06 RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION TO THE IOWA DEPARTMENT OF TRANSPORTATION Whereas, the City Council of Dubuque, Iowa has identified the construction of a rail lead line and spur in the Dubuque Industrial Center West as a top priority, and Whereas, the Iowa Department of Transportation has funding available through the Railroad Revolving Loan and Grant Program to assist with Industrial rail projects and, Whereas, an application has been prepared for Railroad Revolving Loan and Grant Program funding in the amount of $750,000. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the submittal of an application for a $400,000 grant and a $350,000 loan from the Railroad Revolving Loan and Grant Program to fund the Dubuque Industrial Center West rail lead line and spur project is hereby approved. Section 2. That the Mayor is hereby authorized to execute, and the City Manager is hereby directed to submit said application to the Iowa Department of Transportation, together with other attachments as may be required. Passed, approved, and adopted this 6th day of February. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Jones moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0 409 Burch Street (Tabled on January 3, 2006): City Manager submitting an update on the property located at 409 Burch Street and recommending that due to the weather this item be re -tabled to May 15, 2006, presented and read. Jones moved to receive and file the communication and table to the 5/15/06 meeting. Seconded by Connors. Motion carried 7-0. International Institute of Municipal Clerks: Notification from the International Institute of Municipal Clerks that City Clerk Jeanne Schneider has been recertified through 2009, presented and read. Jones moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. Tobacco Compliance — Civil Penalties for Tobacco Permit Holders: City Manager recommending acceptance and approval of Acknowledgement/Settlement Agreements for Econofoods, Dempsey's and Molly's Pub, Kwik Stop, and Puff -N -Snuff and assessment of a $300 penalty for their first tobacco compliance violations and acceptance of the Acknowledgement/Settlement Agreements for Ron's Discount Smokes and Hartig Drug Company and assessment of a $1,500 penalty for their second tobacco compliance violations, presented and read. Jones moved that the communication be received and filed and approved recommendation. Seconded by Connors. Motion carried 7-0. PEG Access Capital Grant Expenditure: City Manager recommending approval for funding in the amount of $36,800 for the Capital Grant for Access Equipment and Facilities, presented and read. Jones moved that the communication be received and filed and approved recommendation. Seconded by Connors. Motion carried 7-0. Franchise Fee Amicus Brief: Corporation Counsel recommending approval of the expenditure of approximately $3,000 for preparation of an amicus brief to the Iowa Supreme Court on behalf of the cities in Iowa with franchise fees, presented and read. Jones moved that the communication be received and filed and approved recommendation. Seconded by Connors. Motion carried 7-0. 7 Alcoholic Beverages Division: Communication from Lynn M. Welding, Administrator of the Alcoholic Beverages Division, advising that they have denied the liquor license application for the Water Hole, presented and read. Jones moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. Justice Assistance Grant: City Manager recommending approval of the submission of the 2006 Justice Assistance Grant (JAG) application to the U.S. Department of Justice Programs in the amount of $29,008, presented and read. Jones moved that the communication be received and filed and approved recommendation. Seconded by Connors. Motion carried 7-0. Request for Extension — Vision Iowa: City Manager submitting a letter to the Vision Iowa Board providing an update on several projects and requesting an extension on three projects, presented and read. Jones moved that the communication be received and filed and approved letter. Seconded by Connors. Motion carried 7-0. 2006 State Legislative Issues: City Manager recommending approval of an amendment to the 2006 State Legislative Issues to include language requesting that the Code of Iowa be amended to clarify that a franchise fee may be based on the gross revenue from the sale of the utility's product and that the fees that have been collected under franchise agreements were legal, presented and read. Jones moved that the communication be received and filed and approved recommendation. Seconded by Connors. Motion carried 7-0. Quarterly Investment Report: City Manager submitting the December 31, 2005 Quarterly Investment Report, presented and read. Jones moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. University Avenue Embankment Failure: City Manager approval to request consideration for Federal Emergency Relief Funding to complete permanent repair work for the University Avenue Embankment Failure project, presented and read. Jones moved that the communication be received and filed and approved recommendation. Seconded by Connors. Motion carried 7-0. Residential Parking Permit District — West 16th Street / Catherine Street: City Manager recommending that a request to add West 16th Street and Catherine Street to Residential Parking Permit District "G" be denied, presented and read. Jones moved that the communication be received and filed and approved recommendation. Seconded by Connors. Motion carried 7-0. U.S. Department of Housing and Urban Development: Communication from the Department of Housing and Urban Development regarding the City's recent audit report, presented and read. Jones moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. 3-M Development, Ltd.: Communication from David L. Clemens, representing 3-M Development, Ltd., requesting that the City Council's action to delay the development of the Dubuque Brewing and Malting Company Building be rescinded immediately, presented and read. Jones moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. Dubuque Comprehensive Plan: Communication from Lou Oswald regarding the Dubuque Comprehensive Plan, presented and read. Jones moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. ConAgra Foods: City Manager recommending approval of a request from ConAgra Foods to construct a third storage tank on property leased from the City subject to two conditions, presented and read. Jones 8 moved that the communication be received and filed and approved recommendation. Seconded by Connors. Motion carried 7-0. National Community Development Association Conference: Communication from Housing and Community Development Director David Harris that Aggie Tauke attended the National Community Development Association (NCDA) Winter Conference, presented and read. Jones moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. Dubuque County Historical Society: City Manager submitting a letter to Jerry Enzler, Dubuque County Historical Society, in support of an application to the Iowa Department of Cultural Affairs, presented and read. Jones moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. Business Licenses: RESOLUTION NO. 39-06 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved: and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS "C" BEER PERMIT Hartig Drug Company Hartig Drug # 4+ (Sunday Sale) 2225 Central Hy -Vee Inc Hy -Vee # 2+ (Sunday Sale) 2395 NW Arterial Nash Finch Company Econo Foods # 471 + (Sunday Sale) 3355 JFK Rd Lee W. Potter Sr Lee's 76/West Locust Mart+ (Sunday Sale)408 W. Locust Hill Street Plaza Inc. Oky Doky # 8+ (Sunday Sale) 535 Hill St Passed, approved and adopted this 6th day of February, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Jones moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 40-06 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 The Apartment, LTD Dubuque Mining +(Sunday/Outdoor Sale) 555 JFK Rd Hammerheads, Inc Hammerheads Bar/Billiards+(Sunday Sale) 2095 Kerper Blvd James Goetz's Goetz's+(Sunday Sale) 2776 Jackson St Charles Steffen Tony's Place+(Sunday Sale) 1701 Central Av Pusateri Enterprises Pusateris+(Sunday Sale) 2400 Central Av CLASS "B" WINE Nash Finch Company Econo Foods # 471 3355 JFK Rd Hartig Drug Company Hartig Drug # 4 2225 Central Av Hy -Vee Inc Hy -Vee # 2 2395 NW Arterial CLASS "B" NATIVE WINE 9 Hy -Vee, Inc Hy -Vee Gas # 2 2435 NW Arterial Passed, approved and adopted this 6th day of February, 2006 . Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Jones moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. ITEM TO BE SET FOR PUBLIC HEARING Fiscal Year 2007 Operating Budget: City Manager recommending that a public hearing be set for Thursday, March 2, 2006 to consider adoption of the Fiscal Year 2007 Operating Budget and Capital Improvement Program, presented and read. Jones moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 41-06 SETTING THE DATE FOR THE PUBLIC HEARING ON THE FISCAL YEAR 2007 BUDGET FOR THE CITY OF DUBUQUE Whereas, Iowa Code Section 384.16 provides that the City Council shall set a time and place for a public hearing on the Fiscal Year 2007 budget before the final budget certification date and shall publish notice before the hearing as provided in Iowa Code Section 362.3. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council shall conduct a public hearing on the proposed Fiscal Year 2007 budget for the City of Dubuque at the Carnegie Stout Public Library Auditorium, 360 West 11th Street, Dubuque, Iowa, on Thursday, March 2, 2006, beginning at 6:30 p.m. Section 2. That the City Clerk be and is hereby authorized and directed to publish notice of the public hearing, according to law, together with the required budget information. Passed, approved and adopted this 6th day of February, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution setting Public Hearing for 3/2/06 at a meeting to commence at 6:30 P.M. in the public library auditorium and that the City Clerk publish notice in the manner required by law. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 42-06 SETTING THE DATE FOR THE PUBLIC HEARING ON THE FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEARS 2007 THROUGH 2011 FOR THE CITY OF DUBUQUE Whereas, a proposed Five -Year Capital Improvement Program for the City of Dubuque for Fiscal Years 2007 through 2011 has been prepared and submitted to the City Council; and Whereas, the capital projects for the first year of the program are included in the Fiscal Year 2007 budget for the City of Dubuque; and Whereas, it is deemed to be in the best interest of the City of Dubuque to conduct a public hearing and adopt the five-year Capital Improvement Program simultaneously with the public hearing and adoption of the Fiscal Year 2007 budget for the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council shall conduct a public hearing on the five-year Capital Improvement Program for Fiscal Years 2007 through 2011 at the Carnegie Stout Public Library Auditorium, 360 West 11th Street, Dubuque, Iowa, on Thursday, March 2, 2006, beginning at 6:30 p.m. Section 2. That the City Clerk be and is hereby authorized and directed to publish notice of the public hearing. Passed, approved and adopted this 6th day of February, 2006. Attest: Jeanne F. Schneider, City Clerk 10 Roy D. Buol, Mayor Michalski moved adoption of the Resolution setting Public Hearing for 3/2/06 at a meeting to commence at 6:30 P.M. in the public library auditorium and that the City Clerk publish notice in the manner required by law. Seconded by Cline. Motion carried 7-0. BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Commission: Airport Commission (One four-year term through 9/14/10) Applicants: Charles Dauod, J.K. Hanson III, Dan Nicholson Charles Dauod spoke requesting consideration for appointment. PUBLIC HEARINGS Michalski moved that the rules be suspended to allow anyone present to address the Council. Seconded by Cline. Motion carried 7-0. Garfield Place Urban Revitalization Area: Proof of publication on notice of hearing to consider approval of an amended and restated Garfield Place Urban Revitalization Area to add two adjoining lots for a proposed 12 -room single -room occupancy facility at 601 Garfield Avenue and to extend the duration of the plan and City Manager recommending approval, presented and read. Connors moved that the proof and communication be received and filed. Seconded by Lynch. Motion carried 7-0. Communication from the Long Range Planning Advisory Commission recommending expansion of the Garfield Place Urban Revitalization District, presented and read. Connors moved that the communication be received and filed. Seconded by Lynch. Motion carried 7-0. Request of Ted Stackis that his property at 525/527 Garfield not be included in the Urban Revitalization Area, presented and read. Connors moved that the communication be received and filed. Seconded by Lynch. Motion carried 7-0. An Ordinance Establishing the Amended and Restated Garfield Place Urban Revitalization Area as an Urban Revitalization Area pursuant to Chapter 404 of the Code of Iowa, presented and read. Michalski moved to table action on this Ordinance, and create a new Ordinance. Seconded by Cline. Motion carried 7-0. Dubuque County Historical Society Lease Agreement: Proof of publication on notice of hearing to consider disposing of real property by lease to the Dubuque County Historical Society and City Manager recommending approval, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. Jerry Enzler of the National Mississippi River Museum spoke in appreciation of this action. RESOLUTION NO. 43-06 RESOLUTION DISPOSING OF AN INTEREST IN REAL PROPERTY BY LEASE AGREEMENT TO THE DUBUQUE COUNTY HISTORICAL SOCIETY WHEREAS, the City of Dubuque, Iowa (City) is the owner of the real property legally described as: Lot 1, in Adam's Company's 2nd Addition in the City of Dubuque, Iowa; and WHEREAS, the Dubuque County Historical Society desires to lease the Premises for the purpose of creating an expansion of the National Mississippi River Museum & Aquarium including a new museum which would be a compliment to the existing National Mississippi River Museum & Aquarium and for such other purposes as described in the proposal for a Development Agreement Leading to a Lease between the City of Dubuque and the Dubuque County Historical Society For Adaptive Reuse of the Adams Company Building and Site; and WHEREAS, the City Council has held a public hearing on the City's intent to dispose of the foregoing - described City Property on the 6th day of February, 2006, pursuant to notice as required by law, and following the public hearing overruled all objections thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 11 Section 1. The City Council of the City of Dubuque, Iowa, hereby approves the Lease Agreement with Dubuque County Historical Society, a copy of which is attached hereto, for the above-described City Property. Section 2. The Mayor is hereby authorized and directed to sign the Lease Agreement on behalf of the City of Dubuque. Section 3. The City Clerk is hereby authorized and directed to record this Resolution with the Dubuque County Recorder. Passed, approved and adopted this 6th day of February, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Connors moved that the rules be reinstated limiting discussion to the Council. Seconded by Cline. Motion carried 7-0. ACTION ITEMS Assistant City Attorney: Corporation Counsel recommending approval of the selection of Crenna Brumwell as the Assistant City Attorney, effective March 20, 2006, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. Lindahl introduced Brumwell to the City Council and expressed appreciation to retiring Assistant City Attorney Bill Blum for his thirty-three years of service. RESOLUTION NO. 44-06 APPROVING THE APPOINTMENT OF CRENNA M. BRUMWELL AS ASSISTANT CITY ATTORNEY FOR THE CITY OF DUBUQUE Whereas, City Solicitor William G. Blum has announced his retirement effective April 14, 2006 after honorably serving as legal counsel for the City of Dubuque for thirty-two years; and Whereas, City Attorney Barry A. Lindahl has recommended that his appointment of Crenna M. Brumwell as Assistant City Attorney be approved by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The appointment of Crenna M. Brumwell as Assistant City Attorney for the City of Dubuque effective March 20, 2006 is hereby approved. Passed, approved and adopted this 6th day of February, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Human Rights Ordinance: Communication from Judy Haley Giesen, Chair of the Dubuque Human Rights Commission, recommending adoption of an amendment to the Human Rights Ordinance to add sexual orientation to the ordinance and to include an exemption for religious educational institutions in employment, presented and read. Braig moved that the communication be received and filed. Seconded by Jones. Motion carried 6-1 with Cline voting Nay. An Ordinance Amending Chapter 27, Human Relations, of the City of Dubuque Code of Ordinances by adding two new paragraphs to Section 27-1 defining "Sexual Orientation" and defining "Religious Education Institution" and amending Sections 27-51(2), 27-61(1)-(2), 27-71(1)-(3), 27-72, 27-91(1)-(3), 27- 131(1)-(5), 27-132(c), 27-133(a), (c), 27-134, and 27-145(1)-(3) prohibiting discrimination based on "Sexual Orientation," presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 8-06 12 AMENDING CHAPTER 27, HUMAN RELATIONS, OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY ADDING TWO NEW PARAGRAPHS TO SECTION 27-1 DEFINING "SEXUAL ORIENTATION" AND DEFINING "RELIGIOUS EDUCATIONAL INSTITUTION," AND AMENDING SECTIONS 27-51(2), 27-61(1)-(2), 27-71(1)-(3), 27-72, 27-91(1)-(3), 27-101, 27-131(1)-(5), 27-132(c), 27- 133(a), (c), 27-134, AND 27-145(1)-(3) PROHIBITING DISCRIMINATION BASED ON "SEXUAL ORIENTATION." NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Sec. 27-1 of the Dubuque Code of Ordinances is hereby amended by adding the following definitions: Sec. 27-1. Definitions: Religious Educational Institution: any preschool, elementary, secondary, or postsecondary college or university which is operated, supervised, controlled or sustained primarily by a religious organization. Sexual Orientation: a person's actual, history of, or perceived heterosexuality, homosexuality, or bisexuality, but not including participation in conduct that is prohibited by law. Section 2. Sec. 27-51(2) of the City of Dubuque Code of Ordinances is hereby amended to read as follows: Sec. 27-51. Aiding Or Abetting: It shall be an unfair or discriminatory practice for: .(2) Any person to discriminate against another person in any of the rights protected against discrimination on the basis of race, creed, color, sex, national origin, familial status, religion, age, disability, marital status or sexual orientation by this Article because such person has lawfully opposed any practice forbidden under this Article, obeys the provisions of this Article, or has filed a complaint, testified or assisted in any proceeding under this Chapter. Section 3. Sec. 27-61 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: Sec. 27-61. Prohibited Practices: It shall be an unfair or discriminatory practice for any owner, lessee, sublessee, proprietor, manager, or superintendent of any public accommodation or any agent or employee thereof: (1) To refuse or deny to any person because of race, creed, color, sex, age, national origin, religion or sexual orientation the accommodations, advantages, facilities, services, or privileges thereof, or otherwise to discriminate against any person because of race, creed, color, sex, age, national origin, religion, or sexual orientation in the furnishing of such accommodations, advantages/facilities, services or privileges. (2) To directly or indirectly advertise or in any other manner indicate or publicize that the patronage of persons of any particular race, creed, color, sex, age, national origin, religion or sexual orientation is unwelcome, objectionable, not acceptable, or not solicited. Section 4. Sec. 27-71 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: Sec. 27-71. Prohibited Practices: It shall be an unfair or discriminatory practice for any: (1) Person to refuse to hire, accept, register, classify, or refer for employment, to discharge any employee, or to otherwise discriminate in employment against any applicant for employment or any employee because of the race, creed, color, sex, age, national origin, religion or sexual orientation of such applicant or employee, unless based upon the nature of the occupation. (2) Labor organizations or the employees, agents, or members thereof to refuse to admit to membership any applicant, to expel any member, or to otherwise discriminate against any applicant for membership or any member in the privileges, rights, or benefits of such membership because of the race, creed, color, sex, age, national origin religion or sexual orientation of such applicant or member. (3) Employer, employment agency, labor organization, or the employees, agents, or members thereof, to directly or indirectly advertise or in any other manner indicate or publicize that individuals of any particular race, creed, color, sex, age, national origin, religion or sexual orientation are unwelcome, objectionable, not acceptable, or not solicited for employment or membership, unless based upon the nature of the occupation. Section 5. Sec. 27-72 of the City of Dubuque Code of Ordinances is hereby amended by adding the following: 13 Sec. 27-72. Exemptions From Division: The prohibition by this division of discrimination based on sexual orientation shall not apply to any bona fide religious educational institution with respect to any qualifications for employment by such institution. Section 6. Sec. 27-91 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: Sec. 27-91. Prohibited Practices; Exception: It shall be an unfair or discriminatory practice for any: (1) Creditor to refuse to enter into a consumer credit transaction or impose finance charges or other terms or conditions more onerous than those regularly extended by that creditor to consumers of similar economic backgrounds and current situations because of age, color, creed, national origin, race, religion, marital status, sex, physical disability or sexual orientation. (2) Person authorized or licensed to do business in this State pursuant to chapters 524, 533, 534, 536 or 536A of the Code of Iowa to refuse to loan or extend to persons of similar economic backgrounds because of age, color, creed, national origin, race, religion, marital status, sex, physical disability or sexual orientation. (3) Creditor to refuse to offer credit life or health and accident insurance because of color, creed, national origin, race, religion, marital status, age, physical disability, sex or sexual orientation. Refusal by a creditor to offer credit life or health and accident insurance based upon the age or physical disability of the consumer shall not be an unfair or discriminatory practice if such denial is based solely upon bona fide underwriting considerations not prohibited by the State Code of Iowa or United States Code. Section 7. Sec. 27-101 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: Sec. 27-101. Prohibited Practices; Exceptions: It is an unfair or discriminatory practice for any educational institution to discriminate on the basis of race, creed, color, sex, national origin, religion, disability or sexual orientation in any program or activity. Such discriminatory practices shall include but not be limited to the following practices: (1) Exclusion of a person or persons from participation in, denial of the benefits of, or subject to discrimination in any academic, research, occupational training, or other program or activity except athletic programs; (2) Denial of comparable opportunity in intramural and interscholastic athletic programs; (3) Discrimination among persons in employment and the conditions of employment; (4) On the basis of sex, the application of any rule concerning the actual or potential parental, family or marital status of a person, or the exclusion of any person from any program or activity or employment because of pregnancy or related conditions dependent upon the physician's diagnosis and certification. For the purposes of this Section, educational institution includes any preschool, elementary, secondary, or merged area school, area education agency, postsecondary college or university and their governing boards. This Section does not prohibit an educational institution from maintaining separate toilet facilities, locker rooms or living facilities for the different sexes so long as comparable facilities are provided. Nothing in the Section shall be construed as prohibiting any bona fide religious institution from imposing qualifications based on religion when such qualifications are related to a bona fide religious purpose or any institution from admitting students of only one sex. Section 8. Sec. 27-131 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: Sec. 27-131. Prohibitions. It shall be unlawful: (1) To refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, sex, familial status, national origin, creed, age, disability or sexual orientation. (2) To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provisions of services or facilities in connection therewith, because of race, color, religion, sex, familial status, national origin, creed, age, disability or sexual orientation. (3) To make, print or publish, or cause to be made, printed or published any notice, statement or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation, or 14 discrimination based on race, color, religion, sex, familial status, national origin, creed, age disability or sexual orientation, or an intentional to make any such preference, limitation or discrimination. (4) To represent to any person because of race, color, religion, sex, familial status, national origin, creed, age, disability or sexual orientation that any dwelling is not available for inspection, sale or rental when such dwelling is in fact so available. (5) For profit, to induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or disabled persons of a particular race, color, religion, sex, familial status, national origin, creed, age, disability or sexual orientation. Section 9. Sec. 27-132(c) of the City of Dubuque Code of Ordinances is hereby amended to read as follows: Sec. 27-132. Exemptions. . (c) Nothing in this article shall prohibit a religious organization, association, or society or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society, from limiting the sale, rental or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons, unless membership in such religion is restricted on account of race, color, sex, familial status, national origin, creed, age, disability or sexual orientation. Nor shall anything in this article prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes provides lodging which it owns or operates for other occupancy of such lodging to its members or from giving preference to its members. Section 10. Sec. 27-133 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: Sec. 27-133. Discrimination in residential real estate -related transactions. (a) In general: It shall be unlawful for any person or other entity whose business includes engaging in residential real estate -related transactions to discriminate against any person in making available such a transaction, or in the terms or conditions of such a transaction, because of race, color, religion, sex, familial status, national origin, creed, age, disability or sexual orientation. (c) Appraisal exemption: Nothing in this article prohibits a person engaged in the business of furnishing appraisals of real property to take into consideration factors other than race, color, religion, sex, familial status, national origin, creed, age, disability or sexual orientation. Section 11. Sec. 27-134 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: Sec. 27-134. Discrimination in provision of brokerage services. It shall be unlawful to deny to any person access to or membership or participation in any multiple listing services, real estate brokers' organization or other service, organization or facility relating to the business of selling or renting dwellings, or to discriminate against such person in the terms or conditions of such access, membership or participation, on account of race, color, religion, sex, familial status, national origin, creed, age, disability or sexual orientation. Section 12. Sec. 27-145 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: Sec. 27-145. Violations; Bodily Injury; Death; Penalties: Whoever whether or not acting under color of law, by force or threat of force willfully injures, intimidates or interferes with, or attempts to injure, intimidate or interfere with: (1) Any person because of such person's race, color, religion, sex, familial status, national origin, creed, age, disability or sexual orientation and because such person is or has been selling, purchasing, renting, financing, occupying, or contracting or negotiating for the sale, purchase, rental, financing, or occupation of any dwelling, or applying for or participating in any service, organization or facility relating to the business of selling or renting dwellings; or (2) Any person because such person is or has been, or in order to intimidate such person or any other person or any class of persons from: 15 (a) participating, without discrimination on account of race, color, religion, sex, familial status, national origin, creed, age, disability or sexual orientation in the activities, services, organizations or facilities described in subsection (a) of this Section; or . . . (3) Any citizen because such person is or has been, or in order to discourage such citizen or any other citizen from lawfully aiding or encouraging other persons to participate, without discrimination on account of race, color, religion, sex, familial status, national origin, creed, age, disability or sexual orientation in any of the activities, services, organizations or facilities described in subsection (a) of this Section, or participating lawfully in speech or peaceful assembly opposing any denial of the opportunity to so participate shall be referred to the County Attorney's office for prosecution. Section 13. This Ordinance shall take effect upon publication. Passed, approved and adopted this 6th day of February, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 10th day of February, 2006. Jeanne F. Schneider, City Clerk 1t 2/10 Braig moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Jones. Motion carried 6-1 with Cline voting Nay. Braig moved final consideration and passage of the Ordinance. Seconded by Jones. Motion carried 6-1 with Cline voting Nay. Storage Container Ordinance: City Manager recommending approval of an ordinance to allow for the permitting and use of exterior storage containers and trailers; Communication from Steward Sandstrom requesting to address the City Council regarding the proposal to regulate exterior storage containers; Communication from Michael J. Coyle, representing Bill and Carol Denlinger, requesting to address the City Council regarding the proposed ordinance, presented and read. Connors moved that the communications be received and filed. Seconded by Michalski. Yeas—Buol, Connors, Jones, Michalski. Nays—Braig, Cline, Lynch. Steward Sandstrom, President of the Dubuque Chamber of Commerce, spoke urging opposition to the proposed Ordinance as it is unenforceable and can be addressed through existing Ordinances. Attorney Mike Coyle, representing Bill and Carol Denlinger, spoke urging a "No" vote. An Ordinance Amending Chapter 11 Building and Building Regulations of the City of Dubuque Code of Ordinances by adopting a new Article VII. Exterior Storage Containers and Storage Trailers establishing requirements for the use of exterior storage containers and storage trailers, presented and read. Council discussed the various aspects of the proposed Ordinance including whether the same objective could be accomplished with current laws. Staff explained part of the purpose was to centralize enforcement and to have site plans available to know what is in the various containers. Connors moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Michalski. Motion failed due to lack of a three-fourths vote: Yeas—Buol, Connors, Jones, Michalski. Nays—Braig, Cline, Lynch. Connors moved that this be considered the first reading of the Ordinance and directed that one year from the effective date of the Ordinance the committee be reconvened to evaluate the effectiveness of the Ordinance. Seconded by Michalski. Carried by the following vote: Yeas—Buol, Connors, Jones, Michalski. Nays—Braig, Cline, Lynch. Arbor Estates Phase III Lift Station: City Manager recommending that any action to acquire an easement for the proposed lift station on property owned by John P. and Pamela J. Gartner be postponed to a later date as staff intends to approve the installation of a lift station in the Arbor Estates Subdivision; Communication from Davin C. Curtiss requesting to address the City Council on behalf of the Forest Grange Property Owner's Association, regarding the proposed placement of a lift station on Association 16 property and two letters regarding the issue, presented and read. Michalski moved that the communication be received and filed and recommendation approved. Seconded by Connors. Motion carried 7-0. Sexual Offender Residency Restrictions: City Manager recommending that the City of Dubuque monitor the current restrictions and any upcoming actions by the State of Iowa Legislature and to not create a local ordinance at this time regarding sexual offender residency restrictions, presented and read. Michalski moved that the communication be received and filed and approved recommendation. Seconded by Cline. Motion carried 7-0. Unified Development Code: City Manager recommending approval of terminating the contract with Lane Kendig, Inc. for creation of a Unified Development Code and the drafting of a new Request for 1 Proposals, presented and read. Connors moved that the communication be received and filed and approved recommendation. Seconded by Jones. Motion carried 7-0. Federal Building Application: City Manager recommending approval of the submission of an application to the Federal Parks Service and GSA for conveyance of the Federal Building to the City, presented and read. Connors moved that the communication be received and filed. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 45-06 RESOLUTION AUTHORIZING APPLICATION TO THE GENERAL SERVICES ADMINISTRATION FOR HISTORIC MONUMENT CONVEYANCE OF THE FEDERAL BUILDING TO THE CITY OF DUBUQUE. Whereas, certain real property owned by the United States, located in the County of Dubuque, State of Iowa, has been declared surplus and at the discretion of the Administrator of General Services, may be conveyed for historic monument purposes to a State, political subdivision, instrumentalities thereof, or municipality, under the provisions of Section 203(k)(3) of the Federal Property and Administrative Services Act of 1949, as amended [40 U.S.C. 484(k)(3)], and rules and regulations promulgated pursuant thereto, more particularly described as follows: Federal Building, 350 W. 6th Street, Dubuque, Iowa 1.09 acres GSA Control Number 7 -G -IA -0495-1 Whereas, the City of Dubuque needs and will utilize said property in perpetuity for historic monument purposes as set forth in its application and in accordance with the requirements of said Act and the rules and regulations promulgated thereunder; and Whereas, the City of Dubuque is authorized, willing and able to conduct compatible revenue-producing activities, and that regardless of any revenues derived from such activities, is financially able to utilize said property for historic monument purposes as set forth in its Program of Preservation and Utilization and in accordance with the requirements of said Act and regulations and procedures promulgated thereunder; and Whereas, the City of Dubuque agrees that any income in excess of costs of repair, rehabilitation, restoration and maintenance shall be used by the City of Dubuque only for public historic preservation purposes as enunciated in its Program of Preservation and Utilization; Now, Therefore, Be It Resolved by the City Council of Dubuque, Iowa, that the City of Dubuque shall make application to the Administrator of General Services for and secure the transfer to it of the above- mentioned property for said use upon and subject to such exceptions, reservation, terms, covenants, agreements, conditions, and restrictions as the Secretary of the Interior, and the Administrator of General Services, or their authorized representatives, may require in connection with the disposal of said property under said Act and the rules and regulations issued pursuant thereto; and Be It Further Resolved that the City of Dubuque has legal authority, is willing, and is in a position to assume immediate care and maintenance of the property, and that Michael C. Van Milligen, City Manager, be and he is hereby authorized, for and on behalf of the City of Dubuque to do and perform any and all acts and things which may be necessary to carry out the foregoing resolution, including the preparing, making, and filing of plans, 17 applications, reports, and other documents; the execution, acceptance, delivery, and recordation of reports, and other documents; the execution, acceptance, delivery, and recordation of agreements, deeds, and other instruments pertaining to the transfer of said property, including the filing of copies of the application and the conveyance documents in the records of the governing body, and the payment of any and all sums necessary on account of the purchase price thereof or fees or costs incurred in connection with the transfer of said property for survey, title searches, recordation of instruments, or other costs identified with the Federal surplus property acquisition. Passed, approved and adopted this 6th day of February 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Connors moved adoption of the Resolution. Seconded by Jones. Motion carried 7-0. Iowa League of Cities Conference: City Manager recommending approval of submitting a bid to the Iowa League of Cities, including a letter of support, to host the annual conference in 2010 and the appointment of a City Council liaison, presented and read. Michalski moved that the communication be received and filed and approved submittal of the bid and approved the appointment of Council Member Michalski as the liaison. Seconded by Cline. Motion carried 7-0. National League of Cities: Communication from the National League of Cities advising of the appointment of City Council Member Ann Michalski to the 2006 Human Development Steering Committee for the National League of Cities, presented and read. Cline moved that the communication be received and filed and congratulated Council Member Michalski. Seconded by Braig. Motion carried 7-0. Convention and Visitors Bureau: City Manager recommending that a work session be scheduled for Monday, February 20, 2006 regarding the Dubuque Area Chamber of Commerce Convention and Visitors Bureau three year plan and budget, presented and read. Michalski moved that the communication be received and filed and approved recommendation. Seconded by Cline. Motion carried 7-0. Long Range Planning Advisory Commission: Corporation Counsel submitting an ordinance deleting the requirement of an alternate City Council Member appointment to the Long Range Planning Advisory Commission, presented and read. Connors moved that the communication be received and filed. Seconded by Michalski. Motion carried 7-0. An Ordinance Amending City of Dubuque Code of Ordinances Section 36-4 Long Range Planning Advisory Committee Created; Composition, deleting the requirement of an appointment of an alternate City Council Member, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 9-06 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES SECTION 36-4 LONG-RANGE PLANNING ADVISORY COMMITTEE CREATED; COMPOSITION, DELETING THE REQUIREMENT OF AN APPOINTMENT OF AN ALTERNATE CITY COUNCIL MEMBER Section 1. City of Dubuque Code of Ordinances § 36-4 is amended to read as follows: Sec. 36-4. Long -Range Planning Advisory Commission Created; Composition: There is hereby created a city long-range planning advisory commission, which shall consist of seven (7) members including a member of the city council designated by the council and six (6) residents of the city appointed by the city council who shall be qualified by their knowledge, experience and ability to contribute to the city's long-range planning and development efforts. Passed, approved and adopted this 6th day of February, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 10th day of February, 2006. 18 Jeanne F. Schneider, City Clerk 1t 2/10 Connors moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Michalski. Motion carried 7-0. Connors moved final consideration and passage of the Ordinance. Seconded by Braig. Motion carried 7-0. February 20, 2006 City Council Meeting: City Manager recommending approval of an ordinance that sets February 20, 2006 as the date of the second regular City Council meeting in February, presented and read. An Ordinance providing that the second regular meeting of the City Council in February, 2006 shall be February 20, 2006, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 10-06 PROVIDING THAT THE SECOND REGULAR MEETING OF THE CITY COUNCIL IN FEBRUARY, 2006, SHALL BE FEBRUARY 20, 2006 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 2-22 of the City of Dubuque Code of Ordinances notwithstanding, the second regular meeting of the City Council in February, 2006, shall be February 20, 2006; Section 2. This Ordinance shall take effect upon publication. Passed, approved and adopted this 6th day of February 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 10th day of February, 2006. Jeanne F. Schneider, City Clerk 1t 2/10 Jones moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Braig. Motion carried 7-0. Jones moved final consideration and passage of the Ordinance. Seconded by Braig. Motion carried 7-0. COUNCIL MEMBER REPORTS Michalski shared that the Iowa League of Cities meeting was very informative. Buol stated that the Washington Chamber briefings and conversations with Congressmen were good. Braig thanked the Chamber for their impressive setup. PUBLIC INPUT Lou Oswald, 1080 Nowata, expressed appreciation to the Council for their hard work and time commitment. He also questioned the majority of Human Rights Commissioners being present at this meeting without a public notice and stated he felt it was a violation of the open meetings law. Corporation Counsel Lindahl clarified that there was no deliberation or action taken by that body and therefore their attendance at the City Council meeting did not constitute a public meeting. At 8:30 P.M. Michalski moved to go into Closed Session re: Pending Litigation and Property Acquisition — Chapter 21.5(1)(c)(j) 2005 Code of Iowa. Seconded by Connors. Motion carried 7-0. At 9:37 P.M. Council reconvened regular session stating that staff had been given proper direction. 19 There being no further business, Braig moved to adjourn. Seconded by Connors. Motion carried 7-0. The meeting adjourned at 9:38 P.M. 1t 2/15 /s/ Jeanne F. Schneider, CMC City Clerk 20 CITY OF DUBUQUE, IOWA COUNCIL PROCEEDINGS OFFICIAL City Council, Regular Session, February 6, 2006 Council met at 6:30 P.M. in the Public Library Auditorium Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski, City Manager Van Milligen, Corporation Counsel Lindahl Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of discussing such matters which may properly come before the Council. Invocation was given by President Ken Daughters, Emmaus Bible College. Proclamation: Parent Leadership Month (February 2006) received by Julie Woodyard. CONSENT ITEMS Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 11/29; City Council of 1/12, 1/17 and 1/30; Civil Service Commission of 12/16; Environmental Stewardship Advisory Commission of 1/3; Historic Preservation Commission of 1/19; Housing Commission of 11/22; Human Rights Commission of 12/12; Investment Oversight Advisory Commission of 1/25; Library Board of 12/15; Long Range Planning Advisory Commission of 1/18; Mechanical Code Board of 10/6; Park and Recreation Commission of 1/10; Zoning Board of Adjustment of 1/26, upon motion received and filed. Investment Oversight Commission submitting the 51st Quarterly Report, upon motion received and filed. Substance Abuse Services Center Second Quarter Report for Fiscal Year 2006, upon motion received and filed. Library Board of Trustees Update from Meeting of January 26, 2006, upon motion received and filed. Proofs of publication of City Council Proceedings of 12/5, 1/3, 1/12 and 1/17; Proofs of publication of List of Claims and Summary of Revenues for months ending November 30, 2005 and December 31,2005, upon motion received and filed. Notice of Claims/Suits: Stacey Duster for vehicle damage; Vincent and Marjorie Erhart for property damage; Jerry Grutz for property damage; Maureen Schulz for personal injury; Donald Stumpf for personal injury; Paul J. Uhlrich for vehicle damage; Union Insurance Company for property damage; Wells Fargo Bank Minnesota vs City of Dubuque, et ai, upon motion received and filed and referred to Legal for investigation and report. Corporation Counsel advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Bernice Breitfelder for property damage; Mary V. Kearney for personal injury; Stacey Duster for vehicle damage, upon motion received and filed and concurred. Corporation Counsel recommending settlement of the claim of Vincent and Marjorie Erhart for property damage and the claim of Paul Uhlrich for vehicle damage and direct the Finance 1 Department to issue payment, upon motion received and filed and concurred and Finance Department to issue payment. Corporation Counsel recommending denial of the claim of Jesse Rans for property damage, upon motion received and filed and concurred. Corporation Counsel recommending that the claim of Jerry Grutz for property damage be referred to the Control Board of the Dubuque Drug Task Force, upon motion received and filed and concurred. Governor's Traffic Safety Grant: City Manager recommending approval of the submission of a Governor's Traffic Safety Grant application for special traffic enforcement from April 1, 2006 to September 30, 2006, upon motion received and filed and approved recommendation. Synergy Court Construction Project: City Manager recommending acceptance of the Synergy Court Construction Project as completed by Top Grade Excavating, Inc., in the final contract amount of $410,342.13., upon motion received and filed. Jones moved adoption of Resolution No. 30-06 Accepting the Synergy Court DICW - Street and Utilities Construction Project and Resolution No. 31-06 Approving estimate. Seconded by Connors. Motion carried 7-0. Sixth Street, Seventh Street and Washington Park Reconstruction/Renovation Project: City Manager recommending acceptance of the Sixth Street, Seventh Street and Washington Park Reconstruction/Renovation Project as completed by Portzen Construction in the final contract amount of $786,666.02, upon motion received and filed. Jones moved adoption of Resolution No. 32-06 Accepting the 6th and ih Street Reconstruction and the Washington Park Renovation Project and Resolution No. 33-06 Approving final estimate. Seconded by Connors. Motion carried 7-0. Eagle Street and Lindberg Terrace Sanitary Sewer Reconstruction Project: City Manager recommending acceptance of the Eagle Street and Lindberg Terrace Sanitary Sewer Reconstruction Project as completed by McDermott Excavating in the final contract amount of $55,270.02, upon motion received and filed. Jones moved adoption of Resolution No. 34-06 Accepting improvement and Resolution No. 35-06 Approving final contract amount. Seconded by Connors. Motion carried 7-0. Mediacom: Communication from Kathleen McMullen, Area Manager of Mediacom, advising of channel changes to be effective February 20, 2006, upon motion received and filed. Fiscal Year 2006 Annual Action Plan - Amendment #3: City Manager recommending approval of Amendment #3 to the Fiscal Year 2006 Annual Action Plan for expansion of the Historic Preservation Homeowner Grant Program to include non-profit organizations providing residential facilities to HUD income-eligible tenants and communication from the Historic Preservation Commission recommending approval of a proposed change to the Historic Preservation Homeowner Grant Program to include non-profit organizations providing residential facilities to HUD income-eligible tenants and to establish the Historic Preservation Housing Grant Program, upon motion received and filed. Jones moved adoption of Resolution No. 36-06 Approving the Fiscal Year 2007 (Program Year 2006) Annual Plan - Amendment 3 for Community Development Block Grant (CDBG) Funds. Seconded by Connors. Motion carried 7-0. 2 Dubuque Area Chamber of Commerce: Communication from Steward Sandstrom, President and CEO of the Dubuque Area Chamber of Commerce, regarding the River Pointe Condominium Project, upon motion received and filed. East Central Intergovernmental Association: Communication from Kelley Hutton Deutmeyer, East Central Intergovernmental Association, regarding the Keyline transfer I drop off location at the Dubuque Kennedy Mall, upon motion received and filed and referred to the City Manager. Downtown Dubuque Design Guidelines: City Manager recommending approval of a Historic Resource Development Program (HRDP) Grant Application in the amount of $13,000 for phase one of development of the Downtown Dubuque Design Guidelines Manual, a goal of the 2004 Downtown Dubuque Master Plan, upon motion received and filed. Jones moved adoption of Resolution No. 37-06 Approving the submittal of an application for Historic Resource Development Program (HRDP) Grant Funds to the State Historical Society of Iowa for Downtown Dubuque Design Guidelines: Phase 1 (Streetscape/Landscape Guidelines). Seconded by Connors. Motion carried 7-0. White Water Creek Bridge: City Manager recommending approval of a new site for the White Water Creek Bridge at the Bergfeld Recreation Area, upon motion received and filed and approved recommendation. Citizen Communication: Communication from Sister Margaret Ann Willging regarding the possibility of a Wal-Mart at the site of the former meat packing plant, upon motion received and filed. Comprehensive Plan Update: Communication from the Long Range Planning Advisory Commission submitting the proposed schedule for the 2006 update of the Dubuque Comprehensive Plan, upon motion received and filed. Request for Proposal (RFP) for Professional Auditing Services: City Manager recommending approval of the issuance of a Request for Proposals for professional auditing services for fiscal years ending June 30, 2006 through June 30, 2010, upon motion received and filed. U.S. Department of Housing and Urban Development: Communication from the U.S. Department of Housing and Urban Development (HUD) advising that the City's Fiscal Year 2006 allocation for the Community Development Block Grant Program is $1,256,479, upon motion received and filed. National League of Cities Legal Defense: City Manager recommending approval of the contribution of $198 to the National League of Cities (NLC) Legal Defense Fund, upon motion received and filed and approved recommendation. Ice Harbor Marina Grant: City Manager recommending approval of a revised project scope for the Iowa Department of Natural Resources (IDNR) Boating Infrastructure Grant for the Ice Harbor Marina Project to provide for the construction of eight transient slips in the Ice Harbor, upon motion received and filed and approved recommendation. Long Range Planning Advisory Commission: Communication from the Long Range Planning Advisory Commission recognizing the commitment of the Envision 2010 Steering Committee, the sponsors, and the many volunteers for their efforts to successfully engage citizens in the community visioning process, upon motion received and filed. 3 Job Access Contract: City Manager recommending approval of a contract with A-OK Yellow Cab Company for the purpose of providing evening, weekend, and peak time transportation service to Area Residential Care using Job Access Reverse Commute (JARC) funding, upon motion received and filed and approved recommendation. Railroad Revolving Loan and Grant Program: City Manager recommending approval of an application in the amount of $750,000 to the Iowa Department of Transportation for the construction of a railroad lead line and spur in the Dubuque Industrial Center West, upon motion received and filed. Jones moved adoption of Resolution No. 38-06 Authorizing the filing of an application to the Iowa Department of Transportation. Seconded by Connors. Motion carried 7-0. 409 Burch Street (Tabled on January 3, 2006): City Manager submitting an update on the property located at 409 Burch Street and recommending that due to the weather this item be re- tabled to May 20, 2006, upon motion received and filed and approved recommendation to table to 5/20/06. International Institute of Municipal Clerks: Notification from the International Institute of Municipal Clerks that City Clerk Jeanne Schneider has been recertified through 2009, upon motion received and filed. Tobacco Compliance - Civil Penalties for Tobacco Permit Holders: City Manager recommending acceptance and approval of Acknowledgement/Settlement Agreements for Econofoods, Dempsey's and Molly's Pub, Kwik Stop, and Puff-N-Snuff and assessment of a $300 penalty for their first tobacco compliance violations and acceptance of the Acknowledgement/Settlement Agreements for Ron's Discount Smokes and Hartig Drug Company and assessment of a $1,500 penalty for their second tobacco compliance violations, upon motion received and filed and approved recommendation. PEG Access Capital Grant Expenditure: City Manager recommending approval for funding in the amount of $36,800 for the Capital Grant for Access Equipment and Facilities, upon motion received and filed and approved recommendation. Franchise Fee Amicus Brief: Corporation Counsel recommending approval of the expenditure of approximately $3,000 for preparation of an amicus brief to the Iowa Supreme Court on behalf of the cities in Iowa with franchise fees, upon motion received and filed and approved recommendation. Alcoholic Beverages Division: Communication from Lynn M. Walding, Administrator of the Alcoholic Beverages Division, advising that they have denied the liquor license application for the Water Hole, upon motion received and filed. Justice Assistance Grant: City Manager recommending approval of the submission of the 2006 Justice Assistance Grant (JAG) application to the U.S. Department of Justice Programs in the amount of $29,008, upon motion received and filed and approved recommendation. Request for Extension - Vision Iowa: City Manager submitting a letter to the Vision Iowa Board providing an update on several projects and requesting an extension on three projects, upon motion received and filed and approved letter. 4 2006 State Legislative Issues: City Manager recommending approval of an amendment to the 2006 State Legislative Issues to include language requesting that the Code of Iowa be amended to clarify that a franchise fee may be based on the gross revenue from the sale of the utility's product and that the fees that have been collected under franchise agreements were legal, upon motion received and filed and approved recommendation. Quarterly Investment Report: City Manager submitting the December 31, 2005 Quarterly Investment Report, upon motion received and filed. University Avenue Embankment Failure: City Manager approval to request consideration for Federal Emergency Relief Funding to complete permanent repair work for the University Avenue Embankment Failure project, upon motion received and filed and approved recommendation. Residential Parking Permit District - West 16th Street / Catherine Street: City Manager recommending that a request to add West 16th Street and Catherine Street to Residential Parking Permit District "G" be denied, upon motion received and filed and approved recommendation. U.S. Department of Housing and Urban Development: Communication from the Department of Housing and Urban Development regarding the City's recent audit report, upon motion received and filed. 3-M Development, Ltd.: Communication from David L. Clemens, representing 3-M Development, Ltd., requesting that the City Council's action to delay the development of the Dubuque Brewing and Malting Company Building be rescinded immediately, upon motion received and filed. Dubuque Comprehensive Plan: Communication from Lou Oswald regarding the Dubuque Comprehensive Plan, upon motion received and filed. ConAgra Foods: City Manager recommending approval of a request from ConAgra Foods to construct a third storage tank on property leased from the City subject to two conditions, upon motion received and filed and approved recommendation. National Community Development Association Conference: Communication from Housing and Community Development Director David Harris that Aggie Tauke attended the National Community Development Association (NCDA) Winter Conference, upon motion received and filed. Dubuque County Historical Society: City Manager submitting a letter to Jerry Enzler, Dubuque County Historical Society, in support of an application to the Iowa Department of Cultural Affairs, upon motion received and filed and approved letter. Business Licenses: Jones moved adoption of Resolution No. 39-06 Granting the issuance of a Class "B" Beer Permit to Hartig Drug #4, Hy-Vee #2, Econo Foods #471, Lee's 76/West Locust Mart and Oky Doky #8 and Resolution No. 40-06 Granting the issuance of a Class "C" Beer/Liquor License to Dubuque Mining Company, Hammerheads Bar/Billiards, Goetz's, Tony's Place, and Pusateri's; a Class "B" Wine Permit to Econo Foods #471, Hartig Drug #4, and Hy-Vee #2; and Class "B" Native Wine to Hy-Vee Gas #2. Seconded by Connors. Motion carried 7-0. ITEM TO BE SET FOR PUBLIC HEARING 5 Fiscal Year 2007 Operating Budget: City Manager recommending that a public hearing be set for Thursday, March 2, 2006 to consider adoption of the Fiscal Year 2007 Operating Budget and Capital Improvement Program, upon motion received and filed. Michalski moved adoption of Resolution No. 41-06 Setting the date for the public hearing on the Fiscal Year 2007 budget for the City of Dubuque for 3/2/06 at a meeting to commence at 6:15 P.M. in the public library auditorium and that the City Clerk publish notice in the manner required by law and Resolution No. 42-06 Setting the date for the public hearing on the Five Year Capital Improvement Program for Fiscal Years 2007 through 2011 for the City of Dubuque for 3/2/06 at a meeting to commence at 6:15 P.M. in the public library auditorium and that the City Clerk publish notice in the manner required by law. Seconded by Cline. Motion carried 7-0. BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Commission: Airport Commission (One four-year term through 9/14/10) Applicants: Charles Dauod, J.K. Hanson III, Dan Nicholson Charles Dauod spoke requesting consideration for appointment. PUBLIC HEARINGS Upon motion the rules were suspended to allow anyone present to address the Council. Garfield Place Urban Revitalization Area: Proof of publication on notice of hearing to consider approval of an amended and restated Garfield Place Urban Revitalization Area to add two adjoining lots for a proposed 12-room single-room occupancy facility at 601 Garfield Avenue and to extend the duration of the plan and City Manager recommending approval, upon motion received and filed. Communication from the Long Range Planning Advisory Commission recommending expansion of the Garfield Place Urban Revitalization District, upon motion received and filed. Request of Ted Stackis that his property at 525/527 Garfield not be included in the Urban Revitalization Area. An Ordinance Establishing the Amended and Restated Garfield Place Urban Revitalization Area as an Urban Revitalization Area pursuant to Chapter 404 of the Code of Iowa, presented and read. Upon motion action on this item was tabled. Dubuque County Historical Society Lease Agreement: Proof of publication on notice of hearing to consider disposing of real property by lease to the Dubuque County Historical Society and City Manager recommending approval, upon motion received and filed. Jerry Enzler of the National Mississippi River Museum spoke in appreciation of this action. Cline moved adoption of Resolution No. 43-06 Disposing of an interest in real property by lease agreement to the Dubuque County Historical Society. Seconded by Connors. Motion carried 7-0. Upon motion the rules were reinstated limiting discussion to the Council. ACTION ITEMS Assistant City Attorney: Corporation Counsel recommending approval of the selection of Crenna Brumwell as the Assistant City Attorney, effective March 20, 2006, upon motion received and filed. Lindahl introduced Brumwell to the City Council and expressed appreciation to current Assistant City Attorney Bill Blum for his thirty-three years of service. 6 Cline moved adoption of Resolution No. 44-06 Approving the appointment of Crenna M. Brumwell as Assistant City Attorney. Seconded by Connors. Motion carried 7-0. Human Rights Ordinance: Communication from Judy Haley Giesen, Chair of the Dubuque Human Rights Commission, recommending adoption of an amendment to the Human Rights Ordinance to add sexual orientation to the ordinance and to include an exemption for religious educational institutions in employment, upon motion received and filed. Ordinance No. 8-06 Amending Chapter 27, Human Relations, of the City of Dubuque Code of Ordinances by adding two new paragraphs to Section 27-1 defining "Sexual Orientation" and defining "Religious Education Institution" and amending Sections 27-51(2),27-61(1)-(2),27-71(1)- (3), 27-72, 27-91(1)-(3), 27-131(1)-(5), 27-132(c), 27-133(a), (c), 27-134, and 27-145(1)-(3) prohibiting discrimination based on "Sexual Orientation," presented and read. Braig moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Jones. Motion carried 6-1 with Cline voting Nay. Braig moved final consideration and passage of the Ordinance. Seconded by Jones. Motion carried 6-1 with Cline voting Nay. Storage Container Ordinance: City Manager recommending approval of an ordinance to allow for the permitting and use of exterior storage containers and trailers; Communication from Steward Sandstrom requesting to address the City Council regarding the proposal to regulate exterior storage containers; Communication from Michael J. Coyle, representing Bill and Carol Denlinger, requesting to address the City Council regarding the proposed ordinance, upon motion received and filed. Steward Sandstrom, President of the Dubuque Chamber of Commerce, spoke urging opposition to the proposed Ordinance as it is unenforceable and can be addressed through existing Ordinances. Attorney Mike Coyle, representing Bill and Carol Denlinger, spoke urging a "No" vote. An Ordinance Amending Chapter 11 Building and Building Regulations of the City of Dubuque Code of Ordinances by adopting a new Article VII. Exterior Storage Containers and Storage Trailers establishing requirements for the use of exterior storage containers and storage trailers, presented and read. Council discussed the various aspects of the proposed Ordinance including whether the same objective could be accomplished with current laws. Staff explained part of the purpose was to centralize enforcement and to have site plans available to know what is in the various containers. Connors moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Michalski. Motion failed due to lack of a three-fourths vote: Yeas- Buol, Connors, Jones, Michalski. Nays-Braig, Cline, Lynch. Connors moved that this be considered the first reading of the Ordinance and directed that one year from the effective date of the Ordinance the committee be reconvened to evaluate the effectiveness of the Ordinance. Seconded by Michalski. Carried by the following vote: Yeas- Buol, Connors, Jones, Michalski. Nays-Braig, Cline, Lynch. Arbor Estates Phase III Lift Station: City Manager recommending that any action to acquire an easement for the proposed lift station on property owned by John P. and Pamela J. Gartner be postponed to a later date as staff intends to approve the installation of a lift station in the Arbor Estates subdivision; Communication from Davin C. Curtiss requesting to address the City Council on behalf of the Forest Grange Property Owner's Association, regarding the proposed placement of a lift station on Association property and two letters regarding the issue, upon motion received and filed and approved recommendation. 7 Sexual Offender Residency Restrictions: City Manager recommending that the City of Dubuque monitor the current restrictions and any upcoming actions by the State of Iowa Legislature and to not create a local ordinance at this time regarding sexual offender residency restrictions, upon motion received and filed and approved recommendation. Unified Development Code: City Manager recommending approval of terminating the contract with Lane Kendig, Inc. for creation of a Unified Development Code and the drafting of a new Request for Proposals, upon motion received and filed and approved recommendation. Federal Building Application: City Manager recommending approval of the submission of an application to the Federal Parks Service and GSA for conveyance of the Federal Building to the City, upon motion received and filed. Connors moved adoption of Resolution No. 45-06 Authorizing application to the General Services Administration for historic monument conveyance of the Federal Building to the City of Dubuque. Seconded by Jones. Motion carried 7-0. Iowa League of Cities Conference: City Manager recommending approval of submitting a bid to the Iowa League of Cities, including a letter of support, to host the annual conference in 2010 and the appointment of a City Council liaison, upon motion received and filed and approved submittal of the bid and approved the appointment of Council Member Michalski as the liaison. National League of Cities: Communication from the National League of Cities advising of the appointment of City Council Member Ann Michalski to the 2006 Human Development Steering Committee for the National League of Cities, upon motion received and filed and congratulated Council Member Michalski. Convention and Visitors Bureau: City Manager recommending that a work session be scheduled for Monday, February 20, 2006 regarding the Dubuque Area Chamber of Commerce Convention and Visitors Bureau three year plan and budget, upon motion received and filed and approved recommendation. Long Range Planning Advisory Commission: Corporation Counsel submitting an ordinance deleting the requirement of an alternate City Council Member appointment to the Long Range Planning Advisory Commission, upon motion received and filed. Ordinance No. 9-06 Amending City of Dubuque Code of Ordinances Section 36-4 Long Range Planning Advisory Committee Created; Composition, deleting the requirement of an appointment of an alternate City Council Member, presented and read. Connors moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Michalski. Motion carried 7-0. Connors moved final consideration and passage of the Ordinance. Seconded by Braig. Motion carried 7- O. February 20, 2006 City Council Meeting: City Manager recommending approval of an ordinance that sets February 20, 2006 as the date of the second regular City Council meeting in February, upon motion received and filed. Ordinance No. 10-06 Providing that the second regular meeting of the City Council in February, 2006 shall be February 20, 2006, presented and read. Jones moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Braig. Motion carried 7-0. Jones moved final consideration and passage of the Ordinance. Seconded by Braig. Motion carried 7-0. 8 . COUNCIL MEMBER REPORTS Michalski shared that the Iowa League of Cities meeting was very informative. Buol stated that the Washington Chamber briefings and conversations with Congressmen were good. Braig thanked the Chamber for their impressive setup. PUBLIC INPUT Lou Oswald, 1080 Nowata, expressed appreciation to the Council for their hard work and time commitment. He also questioned the majority of Human Rights Commissioners being present at this meeting without a public notice and stated he felt it was a violation of the open meetings law. Corporation Counsel Lindahl clarified that there was no deliberation or action taken by that body and therefore their attendance at the City Council meeting did not constitute a public meeting. At 8:30 P.M. upon motion it was resolved to go into Closed Session re: Pending Litigation and Property Acquisition - Chapter 21.5(1)(c)G) 2005 Code of Iowa. At 9:37 P.M. Council reconvened regular session stating that staff had been given proper direction. There being no further business, upon motion meeting adjourned at 9:38 P.M. Jeanne F. Schneider, CMC City Clerk 1 t 2/15 9