Proof Council Minutes 12 2 02
Dommunica
ion from J
ding musica
at the
fee Shop,
ved and file
le City Mana
cation from
ArTS Dub
hat the Cit
support f
budgets o
and Opera
useum of A
Sym
)r the year
I received an
5d to the
city Develo
Commi
lion from
abmitting his
r the Com
nt Ad
n, -upon
d filed.
of Ordi
t No. 56:
recomm
f Suppleme
City of Du
)rdinances,
;eived and
Loved adop
No.
supplement
e of Ordina
f Dubuque,
by Cline.
very Buildin
nd Wood
to De
ation fro
Prese
�n recomm
guest of the
o demolish
the Star
id a wood s
upon
and file
lock / Zie
One -Story
- Reque
Commu
iistoric Pres
on recom
quest of D
Trust to de
rear addit
ehabilitation
k and Zie
be approve
;eived and fi
recommend
:ions:
essica
Muddy
y
or
f
House,
rt
621-02
ices
Shed
m
Brewery
d
nication
mending
Flora Pool and Sutton Pool
received and filed.
(CLG) program funding to con-
City Manager iecom
I per-
upon-
d and
ger.
Bob
uque,
pro-
the
the
and
phony...
2003,
d filed
City
pment
ssion:
Dan
resig-
munity
visors
motion
nance
City
ending
nt No.
buque
upon
filed.
lion of-
No. 56
of
Iowa.
Water Playground Project:
City Manager recommending
acceptance of the Flora Pool
and Sutton Pool Water
Playground Project in the final
contract amount of-,
$758,045.50, upon motion
received and filed. Michalski
moved adoption of Resolution
No. 622-02 Accepting
improvement and Resolution
No. 623-02 Approving final
estimate. Seconded by Cline.
Motion carried 7-0.
Comiskey Building
Construction Project: City-
Manager recommending
acceptance of the Comiskey
Building Construction Project
in the final contract amount of
$381,015.99, upon motion
received and filed. Michalski
moved adoption of Resolution
No. 624-02 Accepting
improvement and Resolution
No. 625-02 Approving finah-
estimate. Seconded by Cline.
Motion carried 7-0.
Appeal of FCC's Pasadena
Franchise Fee Decision: City
Manager recommending that
the City contribute $5,000 to
support a coalition of cities,
the National League of Cities
and NATOA in a court appeal
of the FCC's Pasadena fran'.
chise fee decision, upon
motion received and filed and
approved recommendation.
Sign Agreement with Cooper
Acquisition LLC (Bricktown):
City Manager recommending
approval of an agreement with
Cooper Acquisition LLC
(Bricktown) for the installation
of a sign located i -
Bricktown's parking lot which
would include a Port of
Dubuque directional sign, a
Bricktown parking sign, and an
electronic reader board for
advertising public events and
Bricktown events, upon
motion received and filed and
approved recommendation.
Audubon Ark Project: City-
Manager recommending
approval of a combined notice
of finding of no significant
impact on the environment
and notice of intent to request
release of funds for the
Audubon Ark project, upon
motion received and filed:
Michalski moved adoption of
Resolution No. 627-02
Authorizing publication of a
combined notice of finding of
no significant impact on the
environment and notice of
intent to request release of
funds for Audubon Ark Project.
Seconded by Cline. Motion
carried 7-0.
Five Flags Civic Center
Computer Software: City-
Manager recommending
approval of the purchase of
duct an Architectural / Historic
Survey. Seconded by Cline.
Motion carried 7-0.
ConAgra Foods, Inc.: City
Manager recommending
approval of an amendment to
the purchase agreement and
acceptance of the deed to cer
tain real property from
ConAgra Foods, Inc., upon
motion received and filed.
Michalski moved adoption of
Resolution No. 629-02
Accepting the deed to certain
real estate in Dubuque County,
Iowa from ConAgra Foods,
Inc. Seconded by Cline.
Motion carried 7-0.
Section 8 Computer System:
City Manager recommending
approval of an expenditure of
$15,000 for purchase of a
Section 8 Program software
package, upon motion
received and filed and
approved recornmendation.
Fiscal Year 2003 Annual
Action Plan - Amendment #2,-
City Manager recommending
approval of an amended and
restated Fiscal Year 2003
Annual Action Plan for the
City's Community
Development Block Grant
(CDBG) program, upon motion
received and filed. Michalski
moved adoption of Resolution
No. 630-02 Approving an-
amended and restated Fiscal
the submission of di
sewer charges to the I
County Treasurer in
establish real propert)
collection of such r
accounts, upon
received and filed. I
moved adoption of R
No. 631-02 Authorizir
tion of delinquen
accounts in accords
Section 44-83 and
the Code of Ordinanc
City of Dubuque
Seconded by Cline
carried 7-0.
Delinquent Garb
Refuse Collection
City Manager recon
the submission of c
garbage and refuse
accounts to the •
County Treasurer in
establish real properl
collection of such
accounts, Upon
received and filed.
moved adoption of I
No. 632-02 Authorizi
tion of delinquent ga
refuse collection ac
accordance with St
37 and 40-38(d) of tt
Ordinances of the
Dubuque, Iowa. Se(
Cline. Motion carriec
Dubuque
Association's Fiscal
CIP Schedule: Cit1
Motion
1 Metal
-
molish:
thee
rvation
ending
City of
a metal
hed be
motion
and
)precht-
Rear
st to
Ice Harbor West Road and
Trail Construction Project:
City Manager recommending
that Resolution #491-02
Awarding contract for the Ice
-Harbor West Road and Trail
Construction Project • be-
amended to correct the
amount of the contract, upon
motion received and filed.
Michalski moved adoption of
Resolution No. 626-02
Amending Resolution #491-02
Awarding Contract for the Ice
Harbor West Road and Trail
Construction Project.
Seconded by Cline. Motion..
carried 7-0.
Dubuque Voluntary
scheduling software for the
Five Flags Center that is the
same as the new conference
and education center, upon
motion received and filed and
approved.
Potential Rezoning -
Tollbridge Inn Property:
Communication from Bob
Eichman regarding the poten-
tial rezoning of the present
Tollbridge Inn property for the
purpose of building a condo-
minium complex, upon motion
received and filed.
Phase IV Historical /
Architectural Survey Grant
Agreement: City Manager rec
ommending approval of a
Year 2003 (Program Year
2002) Annual Plan for
Community Development
Block Grant (CDBG) Funds.
Seconded by Cline. Motion
carried 7-0.
Iowa Department of
- Economic Development:
Communication from the Iowa-
Department of Economic
Development advising that the
City of Dubuque, on behalf of
Dubuque Main Street, Ltd., is
being awarded a $25,000
Community Development
Fund grant for the Dubuque -
Vision Downtown project,
upon motion received and
filed.
recommending appr
Dubuque Racing As
Fiscal Year 2(
Schedule, upon
received and f
approved.
Business
Michalski moved a
Resolution No.
Granting issuance
to sell Cigarettes an
Papers to Jumpers
/ Grill and Resolutio
02 Granting the iss
Class "B" (H
License to'Gran
Resort/Water Park
"C" Beer / Liquor
Pepper Sprout,
Instant Replay. S
rvation
molish a
ion for
of the
Annexation: Communication
from the Iowa Department of
Economic Development advis-
ing that the City Development
Board has approved the vol-
untary annexation petition
Certified Local Government
(CLG) grant agreement for
Phase IV of Dubuque's
Architectural / Historic Survey
/ Evaluation, upon motion
received and filed. Michalski
North End Neighborhood
Association: Communication
from Wayne Klosterman, North
End Neighborhood
Association, submitting ques-
tions to be asked of HDR dur-
Cline. Motion carrie
ITEMS TO BE S
PUBLIC HEA
Mediacom
Extension: City M
that a
pprechtt
I, upon
led and
ation.
from the Grandview Avenue
United Methodist Church as--
submitted by the City of
Dubuque, upon motion
moved adoption of Resolution
No. 628-02 Authorizing the
submission of an applicatio
for Certified Local Government
ing the upcoming work ses-
sion, upon motion received
and filed.
Delinquent Sewer Charges:
ommending
ing be set for De
2002 to consider a
three-month lease
mending
linquent
Dubuque
order to
liens for
>ast due
motion
Michalski
esolution
g collec_-
t sewer
nce with
44-86 of
:es of the
Iowa.
Motion
age and
Charges:
emending.
lelinquent
collection
Dubuque
order to
:y liens for
past due
motion
Michalski
Resolution
ng collec—
rbage and -
counts in
action 40-
e Code of
City of
onded by
7-0.
Racing
Year 2003
Manager --
oval of the
sociation's
)03 CIP
motion
fled and
of the existing Mediacom.
cable franchise, upon motion
received and filed. Michalski
moved adoption of Resolution
No. 635-02 of the City's intent
to grant a short-term extension
of an existing cable services
franchise and an existing hub
site lease to McClowa LLC
(Mediacom) and further set it
for public hearing on 12/16/02-
at a meeting to commence at
6:30 P.M. in the public library
auditorium and that the City
Clerk publish notice in the
manner prescribed by law.
Seconded by Markham.
Motion carried 7-0.
BOARDS/COMMISSIONS
Appointments to the follow-
ing Commission:.
Environmental Stewardship
Advisory Commission (Two
unexpired 3-year terms to
expire 10/1/03 and 10/1/05).
Licenses:
doption of
633-02
of a permit,.
d Cigarette
Sports Bar
n No. 634-
uance of a
otel/Motel)
d• Harbor
and Class
License to
Inc. and
econded by-
ed 7-0.
ET FOR
RING
Franchise
anagerrec-
public hear-
emberc16,
n additional
extension
Applicants: Daniel Calvert and
Mark Henning. Upon vote,
Daniel Calvert appointed to the
term which will expire 10/1/05
and Mark Henning appointed
to the term that expires-
10/1/03.
ACTION ITEMS
Mississippi Valley Trucking
Center, Inc. / Miller Logging
Company: City Manager rec-
ommending approval of the
Offer to Buy Real Estate and
Acceptance for Mississippi
Valley Trucking Center, Inc.
(William and Mary Miller / Miller-
Logging Company), upon
motion received and filed and
approved recommendation.
Municipal Cable /
Telecommunications
Feasibility Study RFP: City.
Manager recommending
approval of the issuance of a
Request for Proposals for a
STATE OF IOWA
Municipal Cable '
Telecommunications
Feasibility Study for the City of
Dubuque, upon motion
received and filed and
approved recommendation.
COUNCIL MEMBER
REPORTS
Michalski noted with appreci-
ation the IDED CDBG $25,000
Vision Downtown Grant, the -
positive editorial in the Des
Moines Flegister that day
about Dubuque and also rec- I Kathy Hefel-Goetzinger, a Billing Clerk for Woodward Communications, Inc.,ognized the Cub Scouts and >
High School students that an Iowa corporation,publisher of the Telegraph Herald a newspaper of general
were in attendance at this
Council
on cil Meeting.o further bus;_ circulation published in the City of Dubuque, County of Dubuque and State of
Hess, upon motion meeting Iowa; hereby certify that the attached notice was published in said newspaper on
adjourned at 6:43 P.M.
/s/ Jeanne F. Schneider, CMC the following dates: December 12, 2002, and for which the charge is $136.54.
City Clerk
{SS:
1t 12/12
DUBUQUE COUN'TY
CERTIFICATION OF PUBLICATION
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
thiscp 6( day of t,, per.,% , 20 0,z .
Notary Public in and for Dubuque County, Iowa.
I
MARY K. WESTERMEYER
Commission Number 154885
My Comm. Exp. FEB. 1, 2005
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular
Session, December 2, 2002 _
Council met in Regular
Session at 6:30 P.M. in the
Library Auditorium
Present: Mayor Duggan,
Council Members Cline; -
Markham, Michalski, City
Manager Michael Van Milligen,
Corporation Counsel Barry
Lindahl.
Present by Electronic Means
-'fTelephone): Council
"I'vlembers'. Buol, Connors.
"`Nicholson.
-_. Mayor Duggan read the call
-`and stated this is a regula -
'Cession of the City Council
,called for the purpose of cgs-
-- cussing such matters which
may properly come before the
1'City Council.
Invocation was given by
'Sister Lynn Wagner, PBVM,
Director of the Dubuque Food
Pantry.
CONSENT ITEMS
Minutes Submitted: Cable
Community Teleprogramming
Commission of 11/12; Cable
'TV Regulatory Commission of
.11/13; City Council of 11/18
•and 11/25; Electrical Code
`Board of 8/30 and 11/18;
Historic Preservation
_Commission of 11/19; Housing
'Code Appeals Board of 10/10E.
and 11/19; Housing
Commission Trust Fund
Committee of 10/29; Human
•Rights Commission of 10/14,
upon motion received and
filed.
Proof of publication of City
-Council Proceedings of
'November 4 and 7, 2002, upon
motion received and filed.
Notice of Claims / Suits:
Steven M. Ferring for property
damage; Russell J. Fuhrman
"for property damage; Terry
;"Gross for vehicle damage,
-upon motion referred to the
-Legal Staff for investigation
"rand report.
Corporation Counsel advising
that the following claim has, -
been referred to Public Entity
"'Risk Services of Iowa, the
gent for the Iowa
-Communities Assurance Pool:
Terry Gross for vehicle dam-
age, upon motion received
'and filed and concurred.
Corporation Counsel recom-
--mending denial of the claims
of Mary M. Asbell for propert
'Yiamage; Steve Kafar for vehl-
cle damage; and Dean
Mattoon for vehicle damage,
'Upon motion received and filed
and concurred.
Corporation Counsel recom-
mending that the claim of
Steven Ferring for property
"damage be approved for pay-
ment and that the Financ
Director issue check, upon
.'motion received and filed and
'Concurred and Finance
Director to issue prper pay-
ment.
Citizen Communica
Communication from J
Barnes regarding musica
formances at the M
Waters Coffee Shop,
motion received and file
referred to the City Mana
Communication from
Woodward, ArTS Dub
requesting that the City
vide financial support f
operating budgets of
Dubuque Grand Opera H
Dubuque Museum of A
Dubuque Sym
Orchestra for the year
upon motion received an
and referred to the
Manager.
Community Develo
Advisory Commi
Communication from
Shireman submitting his
nation from the Com
Development Ad
Commission, upon
received and filed.
Code of Ordi
Supplement No. 56:
Manager recomme
adoption of Supplemen
56 to the City of Du
Code of Ordinances,
motion received and
Michalski moved adopti
Resolution No. 6
Adopting Supplement
to the Code of Ordinan
the City of Dubuque,
Seconded by Cline.
carried 7-0.
Star Brewery Building
Addition and Wood S
Request to De
Communication from
Historic Preser
Commission recomm
that the request of the
Dubuque to demolish a
addition to the Star B
Building and a wood s
approved, upon
received and filed
approved.
Bell Block / Ziep
Buildings One -Story
Addition - Reques
Demolish: Communi
from the Historic Prese
Commission recomm
that the request of Du
Bank and Trust to dem
one-story rear additi
planned rehabilitation
Bell Block and Ziep
buildings be approved,
motion received and fit
approved recommendat
essica
d
or
rt
phony.
Flora Pool and Sutton Pool
received and filed.
(CLG) program funding to con-
City Manager recomr
:ions:
Water Playground Project:
Sign Agreement with Cooper
duct an Architectural / Historic
the submission of de
City Manager recommending
Acquisition LLC (Bricktown):
Survey. Seconded by Cline.
sewer charges to the C
I per-
acceptance of the Flora Pool
City Manager recommending
Motion carried 7-0.
County Treasuwr in r
uddy
and Sutton Pool Water
approval of an agreement with
ConAgra Foods, Inc.: City
establish real property
upo
Playground Project in the final
Cooper Acquisition LLC
Manager recommending
collection of such pi
and
contract amount o
(Bricktown) for the installation
approval of an amendment to
accounts, upon
ger.
$758,045.50, upon motion
of a sign located 1 -
the purchase agreement and
received and filed. Iv
Bob
received and filed. Michalski
Bricktown's parking lot which
acceptance of the deed to cer -
moved adoption of Re
uque,
pro-
moved adoption of Resolution
No. 622-02 Accepting
would include a Port of
Dubuque directional sign, a
tain real property from
ConAgra Foods, Inc., upon
No. 631-02 Authorizin1
tion of delinquent
the
improvement and Resolution
Bricktown parking sign, and an
motion received and filed.
accounts in accordar
the
No. 623-02 Approving final
electronic reader board for
Michalski moved adoption of
Section 44-83 and 4
ouse,
and
estimate. Seconded by Cline.
Motion carried 7-0.
Comiskey Building
advertising public events and
Bricktown events, upon
motion received and filed and
Resolution No. 629-02
Accepting the deed to certain
real estate in Dubuque County,
the Code of Ordinance
City of Dubuque,
Seconded by Cline.
2003,
d filed
Construction Project: City-
Manager recommending
approved recommendation.
Audubon Ark Project: City--
Iowa from ConAgra Foods,
Inc. Seconded by Cline.
carried 7-0.
Delinquent Garb
City
acceptance of the Comiskey
Manager recommending
Motion carried 7-0.
Refuse Collection
Building Construction Project
approval of a combined notice
Section 8 Computer System:
City Manager recom
lending
inquent
ubuque
;rder to
liens for
rst due
motion
lichalski
solution
l collet:
sewer
ce with
4-86 of
s of the
Iowa.
Motion
m
e
age and
Charges:
ending.
elinquent
ollection
Dubuque
order to
liens for
past due
motion
Michalski
esolution
g collec—
ageband
counts in
40-
Code of
City of
onded by
7-0.
Racing
Year 2003
Manage-
val of the
ociation's
03 CIP
motion
ed and
Licenses:
option of
633-02
a permit.
Cigarette
ports Bar
No. 634-
ance of a
tel/Motel)
Harbor
nd Class
cense to
nc. and
onded by-.
7-0.
T FOR
NG
Franchise
ager rec-
blic hear-
mber 16,
additional
extension
of the existing Mediaco
cable franchise, upon motion
received and filed. Michalski
moved adoption of Resolution
No. 635-02 of the City's intent
to grant a short-term extension
of an existing cable services
franchise and an existing hub
site lease to McClowa LLC
(Mediacom) and further set it
for public hearing on 12/16/0
at a meeting to commence at
6:30 P.M. in the public library
auditorium and that the City
Clerk publish notice in the
manner prescribed by law.
Seconded by Markham.
Motion carried 7-0.
BOARDS/COMMISSIONS
Appointments to the follow-
ing Commission:
Environmental Stewardship
Advisory Commission (Two
unexpired 3-year terms to
expire 10/1/03 and 10/1/05).
Applicants: Daniel Calvert and
Mark Henning. Upon vote,
Daniel Calvert appointed to the
term which will expire 10/1/05
and Mark Henning appointed
to the term that expire
10/1/03.
ACTION ITEMS
Mississippi Valley Trucking
Center, Inc. / Miller Logging
Company: City Manager rec-
ommending approval of the
Offer to Buy Real Estate and
Acceptance for Mississippi
Valley Trucking Center, Inc.
(William and Mary Miller/ Mille
Logging Company), upon
motion received and filed and
approved recommendation.
Municipal Cable /
Telecommunications
Feasibility Study RFP: City
Manager recommending
approval of the issuance of a
Request for Proposals for a
STATE OF IOWA
Municipal Cable -4
Telecommunications
Feasibility Study for the City of
Dubuque, upon motion
received and filed and
approved recommendation.
COUNCIL MEMBER
REPORTS
Michalski noted with appreci-
ation the IDED CDBG $25,000
Vision Downtown Grant, the -
positive editorial in the Des
Moines Register that day
about Dubuque and also rec-
ognized I Kathy Hefel-Goetzinger, a Billing Clerk for Woodwar
the Cub Scouts and
High School students that were in attendance at this an Iowa corporation, publisher of the Telegraph Herald,
Council Meeting. - circulation published in the City of Dubuque, County of
There being no further busi-
ness, upon motion meeting Iowa• herebycertifythat the attached noticepublish
adjourned at 6:43 P.M. was
/s/ Jeanne F. Schneider, CMC the following dates: December 12, 2002, and for which 1
City Clerk
it 12/12
2
DUBUQUE COUNTY
{SS:
CERTIFICATION OF PUBLICATIO:
Subscribed to before me, a Notary Public in and for Dub
thisc i9d j day of � , 20 0
Notary Public in and for D