Proof Council Minutes 10 6 03
land Place; §poke-~nd ~ub- requested by Joel Calla-
hed; up6n motion received
Cline moved
STATE OF IOWA
DUBUQUE COUNTY
{SS:
CERTIFICATION OF PUBLICATION
I, _Sherri A. Yutzy, a Billing Clerk for Woodward Communications, Inc.,
corporation, publisher of the Telegraph Herald,a newspaper of general ci'
published in the City of Dubuque, County of Dubuque and State of Iowa
certify that the attached notice was published in said newspaper on the fc
dates: October 15, 2003, and for which the charge is $254.86.
Of van
:~, upon
Subscribed to before me, a Notary Public in and for Dubuque County,
this/~ day of_ ~-) ,20
Notary Public in and for Dubuque Count~
~e~n g~ven pro~.
at 9~02 '~
cMC, CRy Cleric
Ni(~D°~son' !
STATE OF IOWA
DUBUQUE COUNTY
{SS:
CERTIFICATION OF PUBLICATION
I, ~, a Billing C/er
corporation, publisher o ~ ~, k for. Woodward C .-. .
£tL~ xeiegraph He-~ °nnntllllCatlons l,.~ .
published in the City of Dubuque, County of Dubu ,- v - O~general Circular/on
certify that the attached no ' ~,~u,a newsna~e. ~- , ~., an iowa
dates: October 15 t~.ce was publishe · _ .que and State off . ,
,2003, and for wh;-~ -- d m ~aid news-a .... own, heretv
· ',~ me charge is $254 ~8~6~.~ on the following
Subscribed to before me. a Notar p b '
this ~ day of -~')~-~t'ar~Y u hc in and for Du-
Notary ~
Public in and for Dubuque Comity, Iowa.
ings for month of July,
2003, upon motion
approved as printed.
Notice of Claims/ Suits:
Amy Ellis for vehicle dam-
age; Rachel Houselog for
vehicle damage; Shawn
Kohnen for vehicle dam-
age; Kristina Keuter for
kvehicle damage; James
Mess for towing expense;
Sodarock Properties, LLC
vs Board of Review of the
City of Dubuque, upon
motion referred to the
Legal Staff for investigation
and report.
Corporation Counsel
advising that the following
rclaims have been referred
to Public Entity Risk Ser-
vices of Iowa, the agent for
the Iowa Communities
Assurance Pool: Mary
Criss for personal injury;
Charles Miller for personal
injury, upon motion
received and filed and con-
curred.
Corporation Counsel rec-
ommending settlement of
the claims of Rachael
Houselog for vehicle dam-
age; Shawn Kohnen for
vehicle damage, and Paula
Martens for property dam-
age and directing the
Finance Department to
issue proper payment,
upon motion received and
filed and concurred and
Finance Director to issue
proper payment.
Corporation Counsel rec-
ommending denial of the
claim of Amy Ellis for vehi-
cle damage, upon motion
received and filed and con-
curred.
Corporation Counsel rec-
ommending that the claim
of Gary Nauman for vehicle
damage be referred to the
Greyhound Corporate
Office, upon motion
received and filed and con-
curred.
Sodarock Properties,
,L.L:C. Tax Appeal: Corpo-
ration Counsel submitting
a Stipulation of Settlement
of a tax assessment appeal
for property located at
1607 Wingate Drive, upon
motion received and filed
and approved Stipulation
of Settlement.
Eagle Food Centers, Inc.:
-Communication from
David W. Leifker regarding
the closing of the Elm
Street Eagle's store, upon
motion received and filed.
Notices of filing in the
United States Bankruptcy
Court for the Northern Dis-
trict of Illinois Eastern Divi-
sion by Eagle Food Cen-
ters, Inc., et al, notices of
motion authorizing and
approving the retention of
Grafe Auction Company,
Inc. as Liquidating Agent;
and proposed agenda for
September 30, 2003 hear-
ings, upon motion received
and filed.
Downtown Comprehen-
,.sive Plan: Communication
from Bob Felderman
requesting that the City
Council support the imple-
mentation of the Dubuque
Downtown Comprehensive
Plan by placing it in the
Top Priority List, upon
motion received and filed.
Citizen Communications:
,.Request of David A.
Ludovissy and Alan Arm to
vacate the Hodgden
Street/ Steps located
between 715 and 787 West
Locust, upon motion
received and filed and
referred to the City Manag-
Af.
Contract #8 as completed
by Rafoth Sheet Metal, Inc.
in the final contract amount
of $99,747, upon motion
received and filed. Buol
moved adoption of Resolu-
tion No, 357-03 Accepting
Improvement - Contract
#7; Resolution No. 358-03
Approving Final Estimate -
Contract #7; Resolution
No. 359-03 Accepting
Improvement - Contract
#8; Resolution No. 360-03
Accepting Final Estimate -
Contract #8. Seconded by
Markham. Motion carried
7-0.
Acceptance of Sanitary
Sewer Easement - John F.
Kennedy Road: City Man-
ager recommending
acceptance of a corrected
sanitary sewer easement
from Dubuque Community
School District, upon
motion received and filed.
Buol moved adoption of
Resolution No. 361-03
Accepting a sanitary sewer
easement on a part of Lot
2-3-1 of Helen E. and Mary
H. Stewart Subdivision in
the City of Dubuque. Sec-
onded by Markham.
Motion carried 7-0.
Acceptance of Warranty
Deed: City Manager rec-
ommending acceptance of
a warranty deed from
DuTrac Community Credit
Union for a right-of-way
purchase on South Way at
Asbury Road, upon motion
received and filed. Buol
moved adoption of Resolu-
tion No. 362-03 Accepting
a conveyance of property
on South Way to the City of
Dubuque. Seconded by
Markham. Motion carried
7-0.
Alexander Company -
Application for Historic Tax
Credits: City Manager rec-
ommending that the City
endorse The Alexander
Company's applications
for National Register certi-
fication and federal and
state historic tax credits for
the rehabilitation of the
Star Brewery Company,
upon motion received and
filed and approved recom-
mendation.
Iowa Brownfield Redevel-
opment Program Applica-
tion: City Manager recom-
mending approval of an
Iowa Brownfield Develop-
ment Program application
to the lowa Department of
Economic Development to
assist with environmental
remediation of City -owned
property in the Port of
Dubuque, upon motion
received and filed. Buol
moved adoption of Resolu-
tion No. 363-03 Endorsing
the submission of an Iowa
Brownfield Redevelopment
Program Application to the
Iowa Department of Eco-
nomic Development for
environmental remediation
activities in the Port of
Dubuque. Seconded by
Markham. Motion carried
7-0.
Thunderbirds' Contract:
City Manager recommend-
ing approval of the rental
agreement with Dubuque
Hockey, Inc. (Thunder-
birds) for use of the Five
Flags Center for the 2003 -
2004 season, upon motion
received and filed and
approved recommenda-
tion.
Iowa Federal Recreational
Trails Program: City Man-
ager submitting a letter to
the Iowa Federal Recre-
•
Maurine Harris: City Man-
ager submittinga request
for voluntary annexation
from Kenneth and Maurine
Harris, upon motion
received and filed.
Mississippi River's Edge
Plaza, and Alternate Com-
ponents Project: City Man-
ager recommending
acceptance of the Missis-
sippi River's Edge Plaza
and Alternate Components
Project as completed by
Renaissance Construction
in the final contract amount
of $767,761.20, upon
motion received and filed.
Buol moved adoption of
Resolution No. 368-03
Accepting improvement
and Resolution No. 369-03
Approving final estimate.
Seconded by Markham.
Motion carried 7-0.
Business License Refund:
Request of Eagle Food
Centers, .Inc., 300 South
Locust, for a refund of the
cigarette license in the
amount of $75.00, upon
motion received and filed
and approved refund.
Business Licenses: Buol
moved adoption of Resolu-
tion No. 370-03 Granting
the issuance of one new
permit to sell cigarettes
and cigarette papers to
Downtown Eagle, Inc.;
Resolution No. 371-03
Granting the issuance of a
Class "C" Beer Permit to
Downtown Eagle, Inc. and
Resolution No. 372-03
Granting the issuance of a
Class "C" Beer/ Liquor
License to Dog House,
Grand Tap and Grand
River Center; Special Class
"C" Liquor License to Cafe
Manna Java; Class "B"
Wine Permit to Downtown
Eagle, Inc.; and Class "E"
Liquor License to Down-
town Eagle, Inc. Seconded
by Markham. Motion car-
ried 7-0.
ITEMS TO BE SET FOR
PUBLIC HEARING
Vacating Petition - John
F. Kennedy Roadway
Easement: City Manager
recommending that a pub-
lic hearing be set for Octo-
ber 20, 2003 to consider a
request from Grand View
Avenue United Methodist
Church to vacate a portion
of John F. Kennedy Road
easement, upon motion
received and filed. Cline
moved adoption of Resolu-
tion No. 373-03 Of Intent to
dispose of interest and
vacate a portion of the
John F. Kennedy roadway
and utility easement over
Lot 1 and Lot 2 of Barton
Randle Addition in the City
of Dubuque, Dubuque
County, Iowa and set this
for Public Hearing on
10/20/03 at a meeting to
commence at 6:30 P.M. In
the public library auditori-
um and that the City Clerk
publish notice in the man-
ner prescribed by law.
Seconded by Connors.
Motion carried 7-0.
Economic Development
Grant - Adams Company:
City Manager recommend-
ing that a public hearing be
set for October 20, 2003 to
consider the issuance of
not to exceed $500,000 in
General Obligation Capital
Loan Notes to support the
Adams Company expan-
sion project at the
Dubuque Industrial Center,
West, upon motion
received and filed. Cline
moved adoption of Resolu-
land Place, spoke and sub-
mitted a petition and pic-
tures and objected to the
plans to widen the street
and resultant loss of trees.
Roman Ciapalo, 1209
Highland Place, spoke and
submitted a petition and
pictures and requested the
rescinding of the project
concerning the portion of
sidewalk from Dell St. to
Highland St.
Bethany Golombeski,
1295 Prairie, spoke in
opposition to sidewalks
and in support of retaining
original aspects of the
street.
Buol moved adoption, as
amended, of Resolution
No. 378-03 Approving
plans and specifications
and Resolution No. 379-03
With respect to the adop-
tion of the Resolution of
Necessity proposed for the
Chestnut Street (Highland
to Cox) Reconstruction
Project, with the amend-
ment to leave the street
width at 29.5 and remove
the sidewalks between Dell
St. and Highland. Second-
ed by Connors. Motion
carried 7-0.
Carter Road Detention
Basin Project: Proofs of
publication on notice of
hearing on plans and spec-
ifications and notice to bid-
ders on the receipt of bids,
and City Manager recom-
mending award of the con-
tract for the Carter Road
Detention Basin Project to
Tschiggfrie Excavating in
the amount of
$590,316.35, upon motion
received and filed. Buol
moved adoption of Resolu-
tion No. 380-03 Adopting
plans and specifications
for the project and Resolu-
tion No. 381-03 Awarding
contract to Tschiggfrie
Excavating. Seconded by
Markham. Motion carried
7-0.
Port of Dubuque Parking
Lot Renovation and Resur-
facing Project: Proofs of
publication on notice of
hearing on plans and spec-
ifications and notice to bid-
ders on the receipt of bids,
and City Manager recom-
mending award of the con-
tract for the Port of
Dubuque Parking Lot Ren-
ovation and Resurfacing
Project to Portzen Con-
struction, Inc. in the
amount of $476,492.35.
upon motion received and
filed. Buol moved adop-
tion of Resolution No. 382-
03 Adopting plans and
specifications for the pro-
ject and Resolution No.
383-03 Awarding contract
to Portzen Construction.
Seconded by Markham.
Motion carried 7-0.
Upon motion the rules
were reinstated limiting
discussion to the Council.
ACTION ITEMS
Eagle Point Bluff -
Request for Public Hear-
ing: Communication from
S.A. Sutton, Charles Win-
terwood, Francine Ban-
warth and Matt Lundh sub-
mitting signatures oppos-
ing the Royal Oaks condo-
minium project and
requesting that the City
Council set a public hear-
ing for the next meeting,
upon motion received and
filed.
Matthew Lundh, 2678
Marywood, spoke object-
ing to the loss of the bluff
and old steps at this 2800
requested by Joel Calla-
han, upon motion received
and filed. Cline moved
adoption of Resolution No.
385-03 Approving the final
plat of Lots 1 thru 48, inclu-
sive, of Block 1, Lots 1 thru
10, inclusive, of Block 3
and Lots A, B, C, D, E, F,
G, H, I, J, and K of West-
brook Subdivision. Sec-
onded by Nicholson.
Motion carried 6-0 with
Markham out of the Cham-
bers briefly.
Northwest Arterial
Access: City Manager rec-
ommending approval of a
request from Martin J.
McNamer, Harvest Devel-
opment Group, LLC, to
construct a temporary
access on to the Northwest
Arterial for construction of
an assisted living project,
upon motion received and
filed and approved recom-
mendation.
University Avenue Recon-
struction Project: City ;
Manager recommending
award of the contract for
the University Avenue
Reconstruction Project
from Delhi to Alta Vista and
the University Avenue
Patching Project from Alta
Vista to Spruce Street to
Horsfield Construction,,
Inc., in the amount of ,
$1,007,996.36, upon
motion received and filed.
Markham moved adoption
of Resolution No. 386-03
Awarding contract to Hors -
field Construction. Sec-
onded by Michalski.
Motion carried 7-0.
Letter of Appreciation
Paramedic. Services:
Council Member Dan
Nicholson presenting a
$100 check and letter from
Pauline Wegner of Van
Dyne, WI thanking the City
for paramedic services
provided to her husband
on August 15, 2003, upon
motion received and filed.
Ric Jones, EMS Supervi-
sor, received the check
and letter on behalf of all
the City emergency ser-
vices.
At 8:46 P.M. upon motion
it was resolved to go into
Closed Session re: Collec-
tive Bargaining Strategy -
Chapter 20.17(3) 2003
Code of Iowa.
At 9:01 P.M. Council
reconvened regular ses-
sion with statement that
staff had been given prop-
er direction.
There being no further
business, upon motion
meeting adjourned at 9:02
P.M.
/s/ Jeanne F. Schneider,
CMC, City Clerk
1t 10/15
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Sherri A. Yutzy, a Billing Clerk for Woodward Communications, Inc., an Iowa
corporation, publisher of the Telegraph Herald,a newspaper of general circulation
published in the City of Dubuque, County of Dubuque and State of Iowa; hereby
certify that the attached notice was published in said newspaper on the following
dates: October 15, 2003, and for which the charge is $254.86.
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this /(. day of ,“.) , 20
(K./
Notary Public in and for Dubuque County, Iowa.
MARV it. WESTERMEYER
Commission Number 154885
My Comm. Exp. FEB. 1, 2005
Greyhound Corporate
Office, upon motion
received and filed and con-
curred.
Sodarock Properties,
,.L.L:C. Tax Appeal: Corpo-
ration Counsel submitting
a Stipulation of Settlement
of a tax assessment appeal
for property located at
1607 Wingate Drive, upon
motion received and filed
and approved Stipulation
of Settlement.
Eagle Food Centers, Inc.:
Communication from
David W. Leifker regarding
the closing of the Elm
Street Eagle's store, upon
motion received and filed.
Notices of filing in the
United States Bankruptcy
Court for the Northern Dis-
trict of Illinois Eastern Divi-
sion by Eagle Food Cen-
ters, Inc., et al, notices of
motion authorizing and
approving the retention of
Grafe Auction Company,
Inc. as Liquidating Agent;
and proposed agenda for
September 30, 2003 hear-
ings, upon motion received
and filed.
Downtown Comprehen-
sive Plan: Communication
from Bob Felderman
requesting that the City
Council support the imple-
mentation of the Dubuque
Downtown Comprehensive
Plan by placing it in the
Top Priority List, upon
motion received and filed.
Citizen Communications:
?Request of David A.
Ludovissy and Alan Arzu to
vacate the Hodgden
Street/ Steps located
between 715 and 787 West
Locust, upon motion
received and filed and
referred to the City Manag-
er.
Request of Damian F.
,Arensdorf to purchase a
portion of a City street/
alley abutting his property
at 2117 Saint Celia Street,
upon motion received and
filed and referred to the
City Manager.
Communication of Mary
Brashaw regarding the
traffic situation around the
Washington School/ Lom-
bard Street area, upon
motion received and filed
and referred to the City
Manager.
USS Dubuque: Communi-
cation from LTJG Joe
Goldsberry of the USS
Dubuque, LPD-8 inviting
r the Mayor and City Council
Members to take a cruise
on the USS Dubuque dur-
ing Fleet Week in San
Diego, CA on October 4,
2003, upon motion
received and filed.
Civil Service Commission:
Civil Service Commission
submitting the certified list
for the position of Account
Clerk I, upon motion
received and filed and
made a matter of record.
Flora Pool Painting Pro-
ject: City Manager recom-
mending acceptance of the
Flora Pool Painting Project
in the final contract amount
of $86,175.00, upon
,motion received and filed.
Buol moved adoption of
Resolution No. 349-03
Accepting improvement
and Resolution No. 350-03
Approving final contract
amount of $86,175.00.
Seconded by Markham.
Motion carried 7-0.
Port of Dubuque Utility
Extension - Phase III Pro-
ject: City Manager recom-
mending acceptance of the
Port of Dubuque Utility
Extension - Phase III Pro-
ject as completed by Stew-
art Construction in the final
contract amount of
$341,108.64, upon motion
received and filed. Buol
,moved adoption of Resolu-
tion No. 351-03 Accepting
improvement and Resolu-
tion No. 352-03 Approving
final contract amount. Sec-
onded by Markham.
Motion carried 7-0.
Peosta Channel/ Jaycee
Trail Project: City Manager
recommending accep-
tance of the Peosta Chan-
nel/ Jaycee Trail Project as
completed by Tschiggfrie
Excavating Co., in the final
cpntract amount of
$348,927.03, upon motion
received and filed. Buol
moved adoption of Resolu-
tion No. 353-03 Accepting
improvement and Resolu-
tion No. 354-03 Approving
final contract amount.
Seconded by Markham.
Motion carried 7-0.
Woodward Museum
Restoration Project: City
Manager recommending
acceptance of the Wood-
ward Museum Restoration
Project as completed by
Klauer Construction Com-
pany in the final contract
amount of $83,069, upon
motion received and filed.
Buol moved adoption of
Resolution No. 355-03
Accepting improvement
and Resolution No. 356-03
Approving final contract
amount. Seconded by
< Markham. Motion carried
7-0.
Railroad Depot Restora-
tion Project: City Manager
recommending accep-
tance of the Railroad Depot
Restoration Project - Con-
tract #7 as completed by
Renaissance Restoration,
Inc., in the final contract
amount of $35,928 and
CITY OF DUBUQUE,
IOWA
COUNCIL
PROCEEDINGS
OFFICIAL
City Council, Regular Ses-
sion, October 6, 2003
Council met in Regular
Session at 6:30 P.M. in the
Library Auditorium
Present: Mayor Duggan,
Council Members Buol,
Cline, Connors,Markham,
Michalski, Nicholson, City
Manager Michael Van Milli-
gen, Corporation Counsel
Barry Lindahl.
Mayor Duggan read the
call and stated this is a reg-
ular session of the City
Council called for the pur-
pose of discussing such
matters which may proper-
ly come before the City
Council.
Invocation was given by
Dr. Dan Thornton, Interim
Pastor of Third Presbyter-
ian Church.
Proclamations: White
Cane Safety Day (October
15, 2003) received by
Shirley Conrad; World
Food Prize Week (October
12 - 18, 2003 received by
Dick Landis; and Make a
Will Month (October, 2003)
received by Ken Werth.
CONSENT ITEMS
Minutes and Reports
Submitted: City Council of
9/15 and 9/26; Civil Service
Commission of 7/30 and
9/5; Community Develop-
ment Advisory Commis-
sion of 9/3; Downtown
Planning Committee of
8/25 and 9/8; Electrical
Code Board of 9/22; Five
Flags of 8/18; Historic
Preservation Commission
of 8/21 and 9/18; Housing
Code Appeals Board of
8/19; Housing Commission .
Trust Fund Committee of
9/12; Long Range Planning.
Advisory Commission of
8/20; Park and Recreation
Commission of 9/23;
Plumbing Board of 9/9;
Zoning Advisory Commis-
sion of 9/3; Zoning Board.
of Adjustment of 8/28,
upon motion received and •
filed.
Proofs of publication of
City Council Proceedings
of August 11, September 2,
3, and 4, 2003 and List of
Claims and Summary of
Revenues for month end-
ing August 31, 2003, upon
motion received and filed.
Printed Council Proceed -
Application for Historic Tax
Credits: City Manager rec-
ommending that the City
endorse The Alexander
Company's applications
for National Register certi-
fication and federal and
state historic tax credits for
the rehabilitation of the
Star Brewery Company,
upon motion received and
filed and approved recom-
mendation.
Iowa Brownfield Redevel-
opment Program Applica-
tion: City Manager recom-
mending approval of an
Iowa Brownfield Develop-
ment Program application
to the Iowa Department of
Economic Development to
assist with environmental
remediation of City -owned
property in the Port of
Dubuque, upon motion
received and filed. Buol
moved adoption of Resolu-
tion No. 363-03 Endorsing
the submission of an Iowa
Brownfield Redevelopment
Program Application to the
Iowa Cepartment of Eco-
nomic Development for
environmental remediation
activities in the Port of
Dubuque. Seconded by
Markham. Motion carried
7-0.
Thunderbirds' Contract:
City Manager recommend-
ing approval of the rental
agreement with Dubuque
Hockey, Inc. (Thunder-
birds) for use of the Five
Flags Center for the 2003 -
2004 season, upon motion
received and filed and
approved recommenda-
tion.
Iowa Federal Recreational
Trails Program: City Man-
ager submitting a letter to
the Iowa Federal Recre-
ational Trails Program in
support of the City of Far-
ley's request for funding for
their Heritage Trail Con-
nection project, upon
motion received and filed
and approved recommen-
dation.
Federal Recreation Trail
Grant - Pyatigorsk Park:
City Manager recommend-
ing approval of the submis-
sion of a Federal Recre-
ational Trails grant applica-
tion for Pyatigorsk Park to
the Iowa Department of
Transportation, upon
motion received and filed.
Buol moved adoption of
Resolution No. 364-03
Authorizing a grant appli-
cation to the Iowa Depart-
ment of Transportation for
Federal Recreational Trails
Funds for Pyatigorsk Park.
Seconded by Markham.
Motion carried 7-0.
S. 150 - The Internet
Nondiscrimination Act:
City Manager recommend-
ing approval of the submit-
tal of letters to Senator
Charles Grassley and Sen-
ator Tom Harkin regarding
concerns with S. 150 - The
Internet Nondiscrimination
Act, upon motion received
and filed and approved
recommendation.
United States Conference
of Mayors: Communica-
tion from Tom Cochran,
Executive Director, The
United States Conference
of Mayors, regarding the
MTBE (methyl tertiary butyl
ether) liability issue, upon
motion received and filed.
City Manager submitting
letters to Senator Grassley,
Senator Harkin and Repre-
sentative Nussle urging
them to oppose any
amendment to the com-
prehensive energy bill limit-
ing liability for manufactur-
ers of MTBE, upon motion
received and filed and
approved letters of opposi-
tion.
General Obligation Bond
Sale for Stormwater Pro-
jects: City Manager rec-
ommending approval of
the final action for the
issuance of the $2,100,000
General Obligation Bonds
to support stormwater pro-
jects, upon motion
received and filed. Buol
moved adoption of Resolu-
tion No. 365-03 Appoint-
ing Paying Agent, Bond
Registrar and Transfer
Agent, appointing the Pay-
ing Agent and Bond Regis-
trar and Transfer Agent
Agreement and authorizing
execution of the agreement
and Resolution No. 366-03
Authorizing and providing
for the issuance of
$2,110,000 General Oblig-
ation Bonds, Series 2003,
and levying a tax to pay
said bonds. Seconded by
Markham. Motion carried
7-0.
Homeownership Assis-
tance Funds (PATH): City
Manager recommending
approval of an application
to the Federal Home Loan
Bank (FHLB) for an Afford-
able Housing Program
grant (PATH - Pathways
Affordable to Homeowner-
ship) to assist income -
qualifying families to pur-
chase a home, upon
?notion received and filed.
Buol moved adoption of
Resolution No. 367-03
Authorizing sponsorship of
an application to the Fed-
eral Home Loan Bank of
Des Moines for Affordable
Housing Program Funds.
Seconded by Markham.
Motion carried 7-0.
Voluntary Annexation
Request - Kenneth and
Eagle, Inc.; and Class "E"
Liquor License to Down-
town Eagle, Inc. Seconded
by Markham. Motion car-
ried 7-0.
ITEMS TO BE SET FOR
PUBLIC HEARING
Vacating Petition - John
F. Kennedy Roadway
Easement: City Manager
recommending that a pub-
lic hearing be set for Octo-
ber 20, 2003 to consider a
request from Grand View
Avenue United Methodist
Church to vacate a portion
of John F. Kennedy Road
easement, upon motion
received and filed. Cline
moved adoption of Resolu-
tion No. 373-03 Of Intent to
dispose of interest and
vacate a portion of the
John F. Kennedy roadway
and utility easement over
Lot 1 and Lot 2 of Barton
Randle Addition in the City
of Dubuque, Dubuque
County, Iowa and set this
for Public Hearing on
10/20/03 at a meeting to
commence at 6:30 P.M. in
the public library auditori-
um and that the City Clerk
publish notice in the man-
ner prescribed by law.
Seconded by Connors.
Motion carried 7-0.
Economic Development
Grant - Adams Company:
City Manager recommend-
ing that a public hearing be
set for October 20, 2003 to
consider the issuance of
not to exceed $500,000 in
General Obligation Capital
Loan Notes to support the
Adams Company expan-
sion project at the
Dubuque Industrial Center,
West, upon motion
received and filed. Cline
moved adoption of Resolu-
tion No. 374-03 Fixing date
for a meeting on the autho-
rization of a loan agree-
ment and the issuance of
not to exceed $500,000
General Obligation Capital
Loan Notes of Dubuque,
Iowa, and providing for
publication of notice there-
of and set this date as
10/20/03 at a meeting to
commence at 6:30 P.M. in
the public library auditori-
um and that the City Clerk
publish notice in the man-
ner prescribed by law.
Seconded by Connors.
Motion carried 7-0.
Dubuque Bank and Trust
Tunnel Easement: City
Manager recommending
that a public hearing be set
for October 20, 2003 to
consider a request from
Dubuque Bank and Trust
to enter into a tunnel ease-
ment agreement to con-
struct a tunnel within the
public right-of-way of Cen-
tral Avenue, upon motion
received and filed. Cline
moved adoption of Resolu-
tion No. 375-03 Of intent to
dispose of a portion of the
City's interest under a por-
tion of Central Avenue
between 13th and 14th
Streets in the City of
Dubuque and set this for
public hearing on 10/20/03
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 pre-
scribed by law. Seconded
by Connors. Motion car-
ried 7-0.
PUBLIC HEARINGS
Upon motion the rules
were suspended to allow
anyone present to speak.
Vacating Petition - South
Way at Asbury Road:
Proof of publication on
notice of hearing to consid-
er a request from Clarence
P. Pfohl to vacate a portion
of South Way at Asbury
Road and City Manager
recommending approval,
upon motion received and
filed.
Don Pfohl, 1895 Bennett,
spoke in support of the dis-
position.
Markham moved adop-
tion of Resolution No. 376-
03 Disposing of City inter-
est in Lot 1A of part of
South Way in Block 10 in
Westchester Subdivision in
the City of Dubuque, Iowa.
Seconded by Connors.•
Motion carried 7-0.
Subordination Agreement
- Premier Bank: Proof of
publication on notice of
hearing to consider
approval of a Subordina-
tion Agreement with Pre-
mier Bank related to the
City's mortgage interest in
property located at 101 -
123 Main Street and City
Manager recommending
approval, upon motion
received and filed.
Markham moved adoption
of Resolution No. 377-03
Authorizing a Subordina-
tion Agreement in regard to
a mortgage interest in City
Lot 80 and the South 1 and
5/12 feet of Lot 79 in the
City of Dubuque, Dubuque
County, Iowa. Seconded
by Connors. Motion carried
7-0.
Chestnut Street Recon-
struction Project: Proofs of
publication on notice of
hearing to consider adop-
tion of the plans and spec-
ifications and Resolution of
Necessity for the Chestnut
Street Reconstruction Pro-
ject and City Manager rec-
ommending approval,
upon motion received and
filed.
Pam Bradford, 1245 High -
or the project and ReMil-
tion No. 381-03 Awarding
contract to Tschiggfrie
Excavating. Seconded by
Markham. Motion carried
7-0.
Port of Dubuque Parking
Lot Renovation and Resur-
facing Project: Proofs of
publication on notice of
hearing on plans and spec-
ifications and notice to bid-
ders on the receipt of bids,
and City Manager recom-
mending award of the con-
tract for the Port of
Dubuque Parking Lot Ren-
ovation and Resurfacing
Project to Portzen Con-
struction, Inc. in the
amount of $476,492.35.
upon motion received and
filed. Buol moved adop-
tion of Resolution No. 382-
03 Adopting plans and
specifications for the pro-
ject and Resolution No.
383-03 Awarding contract
to Portzen Construction.
Pauline wegner or van
Dyne, WI thanking the City
for paramedic services
provided to her husband
on August 15, 2003, upon
motion received and filed.
Ric Jones, EMS Supervi-
sor, received the check
and letter on behalf of all
the City emergency ser-
vices.
At 8:46 P.M. upon motion
it was resolved to go into
Closed Session re: Collec-
tive Bargaining Strategy -
Chapter 20.17(3) 2003
Code of Iowa.
At 9:01 P.M. Council
reconvened regular ses-
sion with statement that
staff had been given prop-
er direction.
There being no further
business, upon motion
meeting adjourned at 9:02
P.M.
/s/ Jeanne F. Schneider,
CMC, City Clerk
1t 10/15
Seconded by Markham
Motion carried 7-0.
Upon motion the rules
were reinstated limiting
discussion to the Council.
ACTION ITEMS
Eagle Point Bluff -
Request for Public Hear-
ing: Communication from
S.A. Sutton, Charles Win-
terwood, Francine Ban-
warth and Matt Lundh sub-
mitting signatures oppos-
ing the Royal Oaks condo-
minium project and
requesting that the City
Council set a public hear-
ing for the next meeting,
upon motion received and
filed.
Matthew Lundh, 2678
Marywood, spoke object-
ing to the loss of the bluff
and old steps at this 2800
Rhomberg site, citing the
importance of the connec-
tion between the river and
Eagle Point Park.
City Manager submitting
information on the devel-
opment, upon motion
received and filed.
Irish Fest: Request of
John Finn and Fran
Henkels to address the
Council regarding the loca-
tion of Irish Fest and City
Manager submitting back-
ground information on Irish
Fest, presented and read.
John Finn, 180 Main St.,
and Fran Henkels, 1400
University, spoke clarifying
and requesting approval of
the Council to hold Irish
Fest behind the Busted
Lift.
After discussion, Council
moved to receive and file
the communications and
amend the request to allow
Murphy Park as the Festi-
val site with Mr. Finn pro-
viding the proper docu-
mentation.
Nicholson moved adop-
tion of Resolution No. 384-
03 Granting issuance of a
Class "B" Beer (5-Day
Special Event) for The
Busted Lift - Irish Fest at
Murphy Park. Seconded
by Buol. Carried by the fol-
lowing vote: Yeas—Buol,
Duggan, Cline, Connors,
Michalski, Nicholson.
Nays —Markham.
Mayor Duggan turned
control of the meeting to
the Mayor Pro-Tem due to
possible conflict of inter-
est.
QHQ Request for Rezon-
ing (Tabled on August 4,
2003): Communication of
Kenneth L. Buesing
requesting that the QHQ
request for rezoning prop-
erty located south of Holli-
day Drive, west of the
Northwest Arterial, be
placed back on the City
Council agenda, presented
and read.
Upon motion this item
was removed from the
table.
Attorney Steve Juergens,
for• QHQ, spoke of the
Agreement reached with
the neighbors, with the
excellent help of Dubuque
Dispute Resolution Center
Mediator Hiram Melendez.
Upon motion the commu-
nication of Mr. Buesing
was received and filed.
Ordinance No. 77-03
Amending Appendix A (the
Zoning Ordinance) of the
City of Dubuque Code of
Ordinances by reclassify-
ing hereinafter described
property located south of
Holliday Day, west of the
Northwest Arterial, from
AG Agricultural District to
C-2 Neighborhood Shop-
ping Center District and C-
3 General Commercial zon-
ing district, with condi-
tions, presented and read.
Michalski moved that the
requirement that a pro-
posed Ordinance be con-
sidered and voted on for
passage at two Council
Meetings prior to the meet-
ing at which it is to be final-
ly passed be suspended
and further moved final
consideration and passage
of the Ordinance. Sec-
onded by Connors. Motion
carried 6-0.
Mayor Duggan returned
and took control of the
meeting.
Westbrook Subdivision -
Final Plat: City Manager
recommending approval of
the final plat of Phase I of
Westbrook Subdivision,
which was recently
approved for annexation in
the City of Dubuque, as
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