Proof Council Min 5 6 02' NO.
III Architectural / H~
: / EValUation
~ rhotion ~ec~ve
]and in the
~. SeCOnded by
DUbU~Lie Area Labor'
Of serVice
Ltd?':
eambunt
Servibe
New ¥1ew -
~ of Service
'Sec~nci~
Ordinance. ~
Nicholson.
O, Joh~ F. Kennedy
Reconstructi6n ProjeCt: Proof
on notice of
winders, 3017
Kennedy,
as he had
years ago.
Resotutide NB. 2
Resolution
by
carded 7-0,
Interstate Power and
of bids, and City
STATE OF IOWA
DUBUQUE COUNTY
{ SS:
CERTIFICATION OF PUBLICATION
I, I'jiMM¥ M. pl=l B~~a~ a Billing Clerk for ~
Communications, Inc., an Iowa corporation, publisher o
newspaper of general circulation published in the Cit~ of Dubuque,
Dubuque and State of Iowa; hereby certify that the attached
in said newspaper on the following dates
, 20 ~, and for
Real
,the
th~
;es01uti0n No,
amendment
contract w)th
mofi0h David
~m.W, Giese I opmeot of
O expire Dubuque
'would'add
:Planning
Amended and
' Garfield !
Revitalization Are~a,
motion received
No.
Revitalization Area
suant to Chapter 404 o~i'
Code of Iowa,
read. Buo
requirement that
Ordinahce.
Nicholgon.
to !he Couhcil.
to the meeting
Vote on the metion
~as as follows: Yeas:
Connors, Mar~ham,
Motion ~ailed due to lack of ~
vote.
Markham
this
of the
Nichotson.
Subscribed to before me, a Notary Public in and for Dubuque Coun~
this ~ day of '~7'~ 20 ~3 .~
Notary Public in and
Second
AmerKiment,
one can beat
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estate shall file them with the
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allowance, and unless so filed
by the later to occur of four
months from the second
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one month from the date of
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Dated this 26th day of April,
2002.
•
/s/ Keith A. Mueller
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Health Resource Center for
funds to enhance the work of ri
the current Lead Paint Hazard Ac,
Reduction Program, upon or
motion received and filed and Pt
approved recommendation.
Lead Paint Education
Program Funding: City
Manager recommending
approval of an application to
the "Lead Safe . ..for Kid's
Sake" competition for funds to
enhance the educational Gr
aspects of the current Lead Pu
Paint Hazard Reduction Ag
Program, upon motion on
received and filed and Pu
approved recommendation. Ag
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NRAVH NOOHB
STATE OF IOWA
DUBUQUE COUNTY
{ SS:
CERTIFICATION OF PUBLICATION
I, TAM M FFI DMANN 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
, 20 C-2, , and for which the charge is $
/5
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this day of � 20 ° a -:—
Notary Public in and for Dubuque County, Iowa
MARY K. WESTERMEYER
Commission Number 1548854
My Comm. Exp. FEB.1, 2005
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular
Session, May 6, 2002
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 Milligen,
Corporation Counsel Barry
Lindahl.
Mayor Duggan read the call
and stated this is the regular
session of the City Council
called for the purpose of act-
ing upon such business which.,
may properly come before the
City Council.
Invocation was given by
Assistant Pastor Bob
Buchanan of Bible Baptist
Church.
Proclamations: Youth Week
(May 5-11, 2002) received by
Dorothy Culbertson; Historic
Preservation Week (May
12-18, 2002) received by Terry
Mozena; Homes for the Aging
Week (May 12-18, 2002)
received by Troy Smith;
Hospital Week (May 12-18,
2002) received by John Knox
of The Finley Hospital;
Nursing Home Week (May
12-18, 2002) received by
Barbara Barker; and Mental_
Health Month (May, 2002)
received by Betty Allen.
CONSENT ITEMS
Minutes Submitted: Airport
Commission of 3/25; City
Council of 4/15; Civil Service
Commission of 3/8;
Environmental Stewardship
Advisory Commission of 4/9;
Five Flags Commission of-
4/15; Historic Preservation
Commission of 4/18; Long
Range Planning Advisory
Commission of 4/17, upon
motion received and filed.
Prnnf of n,,hlintfinn of
resignation from the Housrng
Commission, upon motion
received and filed the commu-
nication and accepted the res-
ignation.
Mississippi River Discovery_
Center Utility Relocation
Project - Acceptance: City
Manager recommending
acceptance of the Mississippi
River Discovery Center Utility
Relocation Project in the final
contract amount of
$327,031.28, upon motion
received and filed. Buol
moved adoption of Resolution..
No. 228-02 Accepting
improvement and Resolution
No. 229-02 Approving final
estimate. Seconded by Cline.
Motion carried 7-0.
Oak Street Sanitary Sewer
Extension: City Manager rec-
ommending adoption of the
Final Assessment Schedule for
the Oak Street Sanitary Sewer,}
Extension Project, upon
motion received and filed.
Buol moved adoption of
Resolution No. 230-02
Adopting the final assessment
schedule for the Oak Street
Sanitary Sewer Extension
Project including certain infor-
mation required by the Code
of Iowa, specifically, the num-.,
ber of annual installments into
which assessments are divid-
ed, the interest of all unpaid
installments, the time when the
assessments are payable and
directing the Clerk to certify
the final schedule and to pub-
lish notice thereof. Seconded
by Cline. Motion carried 7-0.
Chicago Street Sanitary
Sewer Extension: City
Manager recommending
adoption of the Final
Assessment Schedule for the
Chicago Street Sanitary Sewer
Extension Project, upon
motion received and filed. Buol
moved adoption of Resolution
No. 231-02 Adopting the final
assessment schedule for the
Chicaao Street Sanitary Sewer
and approved reoommenaa
tion.
Retired and Senior Volunteer
Program - Purchase of Service
Agreement: City Manager rec-
ommending approval of a
Purchase of Service
Agreement with Retired and
Senior Volunteer Program for
Fiscal Year 2003 in the amount
of $7,341, upon motion,,.
received and filed and
approved recommendation.
Substance Abuse Services
Center - Purchase of Service
Agreement: City Manager rec
ommending approval of a
Purchase of Service
Agreement with Substance
Abuse Services Center for
Fiscal Year 2003 in the amount_
of $12,390, upon motion
received and filed and
approved recommendation.
Dubuque Humane Society -
Purchase of Service
Agreement: City Manager rec-
ommending approval of a
Purchase of Service
Agreement with the Dubuque
Humane Society for the provi-
sion of animal shelter services"
through June 30, 2003, upon
motion received and filed and -
approved recommendation.
Dubuque Area Lifetime
Center - Purchase of Service
Agreement: City Manager rec-
ommending approval of a
Purchase of Service
Agreement with the Dubuque _
Area Lifetime Center for Fiscal
Year 2003 in the amount of
$20,000, upon motion
received and filed and
approved recommendation..
St. Stephens Food Bank -
Purchase of Service
Agreement: City Manager rec-
ommending approval of a
Purchase of Service__
Agreement with St. Stephens
Food Bank for Fiscal Year
2003 in the amount of $1,500
to process deer meat from the
Urban Deer Management
Proaram for low and moder-
al Center
in the City E, IOWA
Seconded :DINGS
on carried
Regular
Dom occu-
ty at 513
allow prop- I the call
and extend a regular
plan and Council
n the Long e of act -
Advisory ss which.
port of the afore the
Restated
Urban liven by
aa, , upon Bob
and filed. Baptist
38-02
ended and ith Week
lace Urban eived by
a as an Historic
Area pur- (May
104 of the by Terry
rented and e Aging
Id that the 2002)
proposed Smith;
ldered and 12-18,
age at two in Knox
,rlor to the lospital;
It is to be k (May
suspended ved by
final con- Mental
age of the 2002)
onded by .
carried 7- AS
Airport
)2 Second ; City
t: Proof of Service
;e of hear- 3/8;
ger recom- ardship
if the Fiscal of 4/9;
Id Budget Sion of-.
n motion ervation
d. Cline Long
Resolution dvisory
ending the , upon
the Fiscal ed.
30, 2002. of City
Nicholson. of 4/1,
ed and
to - Paint
Proofs of mber of,
De of hear- on and
Restated
Urban Regular
Ilan: Proof 1. in the
and City
rnmending Duggan,
:nded and o!, Cline,_
lace Urban Aichalsk!,
Plan that Manager
ling lot for Milligen,
)I Barry
UWFIeu property IOGaiea ar
2804 Van Buren Avenue at the
corner of Isborn Avenue, upon
motion received and filed and
referred to the City Manager.
(d) Communication of Joseph
G. Feltes requesting to acquire
a portion of City -owned prop-
erty located on Stafford
Avenue, upon motion received
and filed and referred to the
City Manager.
(e) Communication of
Callahan Construction, Inc.,
requesting voluntary annexa-
tion of property located__
between the City of Dubuque
and 'the City of Asbury, upon
motion received and filed and
referred to the City Manager.
(f) Communication of
Stephanie and Keith Wieland,
2910 Jackson Street, regard-
ing the rental policy of the new
pavilion at Comiskey Park,
upon motion received and filed_
and referred to the City
Manager.
Lead Paint Demonstration
Project Funding: City
Manager recommending
approval of an application to
the Community Environmental
Health Resource Center for
funds to enhance the work of
the current Lead Paint Hazar.
Reduction Program, upon
motion received and filed and
approved recommendation.
Lead Paint Education
Program Funding: City
Manager recommending
approval of an application to
the "Lead Safe ...for Kid's
Sake" competition for funds to
enhance the educational
aspects of the current Lead
Paint Hazard Reduction
Program, upon motion
received and filed and
approved recommendation.
Fiscal Year 2002 Annual
Action Plan - Amendment 4:
City Manager recommending
approval of proposed changes
to the City's Community
Development Block Grant
(CDBG) Fiscal Year 2002
Annual Action Plan to provide
additional funding for the land-
scaping project at Second and
Bluff Streets, upon motion
received and filed. Buol
moved adoption of Resolution
No. 227-02 Approving
Amendment 4 to the Fiscal
Year 2002 (Program Year
2001) Annual Action Plan for
Community Development
Block Grant Funds. Seconded
by Cline. Motion carried 7-0.
Family Self -Sufficiency and
Homeownership Program
Coordinator: City Manager
recommending approval of an
application to the U.S
Department of Housing and
Urban Development (HUD) for
funds to renew the City's cur-
rent Family Self -Sufficiency
Program Coordinator position
and for new funding to con-
tract for services to promote
homeownership opportunities
for Section 8 Program families,
upon motion received and filed
and approved recommenda-
tion.
Housing Commission:
Denise nnmer submitting- her
resignation from the Housing
Commission, upon motion
received and filed the commu-
nication and accepted the res-
ignation.
Mississippi River Discove
Center Utility Relocation
Project - Acceptance: City
Manager recommending
acceptance of the Mississippi
River Discovery Center Utility
Relocation Project in the final
contract amount of
$327,031.28, upon motion
received and filed. Buol
moved adoption of Resolution
No. 228-02 Accepting
improvement and Resolution
No. 229-02 Approving final
estimate. Seconded by Cline.
Motion carried 7-0.
Oak Street Sanitary Sewer
Extension: City Manager rec-
ommending adoption of the
Final Assessment Schedule for
the Oak Street Sanitary Sewer
Extension Project, upon
motion received and filed.
Buol moved adoption of
Resolution No. 230-02
Adopting the final assessment
schedule for the Oak Street
Sanitary Sewer Extension
Project including certain infor-
mation required by the Code
of Iowa, specifically, the num-
ber of annual installments into
which assessments are divid-
ed, the interest of all unpaid
installments, the time when the
assessments are payable and
directing the Clerk to certify
the final schedule and to pub-
lish notice thereof. Seconded
by Cline. Motion carried 7-0.
Chicago Street Sanitary
Sewer Extension: City
Manager recommending
adoption of the Final
Assessment Schedule for the
Chicago Street Sanitary Sewer
Extension Project, upon
motion received and filed. Buol
moved adoption of Resolution
No. 231-02 Adopting the final
assessment schedule for the
Chicago Street Sanitary Sewer
Extension Project including
certain information required by
the Code of Iowa, specifically,
the number of annual install-
ments into which assessments
rnase III ry UrmaUtU.-. �•
Historic Survey / Evaluation.
Seconded by Cline. Motion
carried 7-0.
Riprow Valley Trailhead
Project Grant Agreement: City
Manager recommending
approval of a grant agreement
with the Iowa Department of
Transportation for acquisition
of property in the Riprow,__
Valley, upon motion received
and filed. Buol moved adop-
ion of Resolution No. 235-02
Authorizing a grant agreement
with the Iowa Department of
Transportation for Federal
Recreational Trail Funds for
acquisition of land in the
Riprow Valley. Seconded by
Cline. Motion carried 7-0. _
Dubuque Area Labor
Management Council -
Purchase of Service
Agreement: City Manager rec-
ommending approval of a
Purchase of Service
Agreement with Dubuque Area
Labor Management Council
for Fiscal Year 2003 in the
amount of $15,768, upon_
motiOn received and filed and
approved recommendation.
Dubuque Main Street, Ltd. -
Purchase of Service
Agreement: City Manager rec-
ommending approval of a
Purchase of Service
Agreement with Dubuque
Main Street, Ltd., for Fiscal
Year 2003 in the amount of_.
$43,966, upon motion
received and filed and
approved recommendation.
Project Concern, Inc. - Foster
Grandparent Program -
Purchase of Service
Agreement: City Manager rec-
ommending approval of a
Purchase of Service
Agreement with Project_,
Concern, Inc. - Foster
Grandparent Program for
Fiscal Year 2003 in the amount
of $5,435, upon motion
received and filed and
approved recommendation.
Greater Dubuque
Development Corporation -
Purchase of Service
Agreement: City Manager rec-
ommending approval of a
Purchase of Service
Agreement with Greater
Dubuque Development
Corporation for Fiscal Year
2003 in the amount of
$127,500,upon motion
received and filed and
approved recommendation.
Helping Services of Northeast _
Iowa - Purchase of Service
Agreement: City Manager rec-
ommending approval of a
Purchase of Service
Agreement with Helping
Services of Northeast Iowa,
Inc., for Fiscal Year 2003 in the
amount of $1,964, upon
motion received and filed and
approved recommendation.
Operation: New View -
Purchase of Service
Agreement: City Manager rec-
ommending approval of a
Purchase of Service
Agreement with Operation:
New View for Fiscal Year 2003
in the amount of $16,708,
upon motion received and filed
and approved recommenda-
tion.
Retired and Senior Volunteer
Program - Purchase of Service
Agreement: City Manager rec-
ommending approval of a
Purchase of Service
Agreement with Retired and
Senior Volunteer Program for
Fiscal Year 2003 in the amount
of $7,341, upon motion
received and filed and
approved recommendation.
Substance Abuse Services
Center - Purchase of Service
Agreement: City Manager rec-
ommending approval of a
Purchase of Service
Agreement with Substance
Abuse Services Center for
Fiscal Year 2003 in the amount_
of $12,390, upon motion
received and filed and
approved recommendation.
Dubuque Humane Society -
Purchase of Service
Agreement: City Manager rec-
ommending approval of a
Purchase of Service
Agreement with the Dubuque
Humane Society for the provi-
sion of animal shelter services'"
through June 30, 2003, upon
motion received and filed and -
approved recommendation.
Dubuque Area Lifetime
Center - Purchase of Service
Agreement: City Manager rec-
ommending approval of a
Purchase of Service
Agreement with the Dubuque_
Area Lifetime Center for Fiscal
Year 2003 in the amount of
$20,000, upon motion
received and filed and
approved recommendation..
St. Stephens Food Bank -
Purchase of Service
Agreement: City Manager rec-
ommending approval of a
Purchase of Service__
Agreement with St. Stephens
Food Bank for Fiscal Year
2003 in the amount of $1,500
to process deer meat from the
Urban Deer Management
Program for low and moder-
ate -income persons, upon
motion received and filed and
approved recommendation.
Project Concern, Inc. -
Information andfeferral and
to
— Child Care Referral - Purcha
of Service Agreement: City
Manager recommending
approval of a Purchase of
Service Agreement with
Project Concern, Inc
Information and Referral and
Child Care Referral for Fiscal
Year 2003 in the amount of
$24,339 plus $3,500 for cre-
ation of a Downtown Resource
Guide, upon motion received
and filed and approved recom-
mendation.
National Guard Lease
Agreement: City Manager rec-
ommending approval of a
lease agreement with the Iowa
National Guard to allow the
Guard to conduct water purifi-
cation drills at Miller -Riverview
Park and on the Hawthorne
Peninsula i -..-_
S
C
P
received and filed. o�u,
moved adoption of Resolution
No. 238-02 Naming
Depositories. Seconded by
Cline. Motion carried 7-0.
Business Licenses: •Buol
moved adoption of Resolution
No. 239-02 Granting the
issuance of a Class B Beer
Permit (5 Day Special Event) to
Dubuque Jaycees - Main
Event; Class B Beer Permit (6
Month) to Baseball Dreamer;
Class C Beer Permit to Oky
Doky #2, Oky Doky #1,
Beecher Beverage, Tobacco
Outlet Plus, 16th Street
Auto/Truck Plaza, McCann's
Service, Casey's General
tore (2699 Rockdale Rd), and
asey's General Store (4003
eru Rd) and Resolution No.
urainance. Seconded by
Nicholson. Motion carried 7-
0.
John F. Kennedy
Reconstruction Project: Proof
of publication on notice of
hearing and City Manager rec-
ommending approval of the
amended preliminary schedule
of assessments, including the
elimination of sidewalks from.
the project, upon motion
received and filed. Gene
Winders, 3017 John F.
Kennedy, spoke questioning
his assessment for water
hookup as he had been
assessed years ago. Nancy
Kutsch and Carl Thumser both
spoke questioning specifics of
the project and home valuation
ing on plans and specifications
and notice to bidders on the
receipt of bids, and City
Manager recommending
award of the contract for the
Five Flags Arena - Paint
Ceilings and Walls to
John C. Kaiser ompa yin the
amount of $71,785, upon
motion received and filed.
Cline moved adoption of
Resolution No. 244-02_
Adopting plans and specifica-
tions for the project and
Resolution No. 245-02
Awarding contract to John C.
Kaiser Company. Seconded
by Michalski. Motion carried
7-0.
City Hall Remodeling - First
Floor Ceiling Proier•.t• Prnnf
received and filed. Nicholson
moved adoption of Resolution
No. 248-02 Approving the final
plat of Harvest View Estates
Second Addition in the City of
Dubuque, Iowa. Seconded by
Connors. Motion carried 7-0.
Michalski spoke expressing
concerns with water run-off in
the unseeded areas in this
development.
Municipal Housing Agency
Governing Board: City
Manager recommending the
apt of John Plein as
the pSect Section representative to
the Municipal Housing Agency
Governing Board due to the
resignation of Denise Miller
from the Housing
Center West to be to
Chavenelle Drive and
Road, upon motion i
and filed and approvec
mendation.
COUNCIL MEMB
REPORTS
Nicholson praised
their help with the f
League of Cities' Infor
Technology,
Communications S
Committee meeting.
Michalski stated th
National League of
Conference in Minne
attended by a team of s
a great conference.
ITEMS TO BE SET F
PURI In I-IrAcmo
m mate. oeconaed by Cline
otion carried 7-0.
Oak Street Sanitary Sewer
xtension: City Manager rec-
mmending adoption of the
inal Assessment Schedule for
e Oak Street Sanitary Sewer
xtension Project, upon
otion received and filed.
uol moved adoption of
esolution No. 230-02
dopting the final assessment
hedule for the Oak Street
anitary Sewer Extension
oject including certain infor-
ation required by the Code
Iowa, specifically, the num-
r of annual installments into
ich assessments are divid-
the interest of all unpaid
tallments, the time when the
sessments are payable and
eeting the Clerk to certify
final schedule and to pub -
notice thereof. Seconded
Cline. Motion carried 7-0.
Chicago Street Sanitary
wer Extension: City
nager recommending
option of the Final
essment Schedule for the
cago Street Sanitary Sewer
ension Project, upon
ion received and filed. Buol
ed adoption of Resolution
231-02 Adopting the final
'ssment schedule for the
ago Street Sanitary Sewer
nsion Project including
:in information required by
Code of Iowa, specifically,
number of annual install-
s into which assessments
Abuse Services Ce
Fiscal Year 2003 in th
of $12,390, upon
received and file
approved recommend
Dubuque Humane S
Purchase of
Agreement: City Mana
ommending approve
Purchase of
Agreement with the D
Humane Society for th
sion of animal shelter
through June 30, 200
motion received and fi
approved recommenda
Dubuque Area L
Center - Purchase of
Agreement City Manag
ommending approval
Purchase of
Agreement with the D
Area Lifetime Center fo
Year 2003 in the amo
$20,000, upon
received and filed
approved recommendat
St. Stephens Food
Purchase of S
Agreement: City Manag
ommending approval
Purchase of S
Agreement with St. Ste
Food Bank for Fiscal
2003 in the amount of $
to process deer meat fro
Urban Deer Manage
Program for low and m
ate -income persons,
motion received and file
approved recommendatio
Project Concern, In
Information and Referral
Child Care Referral - Purche
of Service Agreement: City
Manager recommending
approval of a Purchase of
Service Agreement with
Project Concern, Inc
Information and Referral and
Child Care Referral for Fiscal
Year 2003 in the amount o
$24,339 plus $3,500 for cre-
ation of a Downtown Resource
Guide, upon motion received
and filed and approved recom-
mendation.
National Guard Lease
Agreement: City Manager rec-
ommending approval of a
lease agreement with the Iowa
National Guard to allow the
Guard to conduct water purifi-
cation drills at Miller -Riverview
Park and on the Hawthorne
Peninsula, upon motion
received and filed and
approved recommendation.
Southwest Arterial
Environmental Assessment:
City Manager recommending
approval of an agreement
-between the City of Dubuque,
Dubuque County,' and the
Iowa Department of
Transportation for completion
of the Addendum to the 1999
Southwest Arterial
Environmental Assessment,
upon motion received and
filed. Buol moved adoption of
Resolution No. agreement
236.02,
bAetween the City of Dubuque,
Dubuque County, and the
Iowa Department of
Transportation for the comple-
tion of the Addendum to the
1999 Southwest Arterial
Environmental Assessment.
Seconded by Cline. Motion
parried 7-0.
Quarterly Investment Report:
City Manager submitting the
Quarterly Investment Report of
the Investment Oversight
Commission, upon motion
received and filed.
Asbury Voluntary Annexation:
Communication from the Iowa
Department of Economic
Development advising that a
voluntary annexation by the
City of Asbury within the
urbanized area of the City of
Dubuque has been approved,
upon motion received and
filed.
'FCC Cable Modem Decision:
Communication from
Mediacom advising that effec-
tive with the April 2002 billings,
they will no longer collect fran-
chise fees on cable modem
revenues or include those rev-
enues in their franchise fee
calculation and City Manager
recommending that the City
contribute $5,000 from the
Cable TV Fund to support the
Alliance of Local Organizations
Against Pre-Emption in a two -
pronged response to the
FCC's recent cable modem
decision, upon motion
received and filed. Buol
moved adoption of Resolution
No. 237-02 of the City of
Dubuque, Iowa in support of
the coalition of local govern-
ments appealing the Federal
Communication Commission's
Declaratory Ruling regarding
cable modem service and
offering comments and reply
comments in the related FCC
rulemaking. Seconded by
Cline. Motion carried 7-0.
Road Use Tax Funds:
Communication of City
Manager Michael C. Van
Milligen to area legislators urg-, r
ing a "no" vote to shift any
Road Use Tax Funds to the A
general fund, upon motion t
received and filed and 0
approved. Deborah
h
nuta Claim: In lo
response to aneapP al by the fr City Manager recom- R
mending concurrence with the 0
previous denial of the claim of F
Deborah DeVenuta, upon p
motion received and filed and M
approved recommendation.
Authorized Depository
Institutions: City Manager rec- vot
ommending approval of a C
change in one of the City's m
depositories from Firstar Bank fin
to U.S Bank due to a recent an
name change, upon motior, sid
mat we
nter for
e amount_
motion
d and
ation.
ociety -
Service
ger rec-
1 of a
Service
ubuque
e provi-
services'-'
3, upon
led and
tion.
ifetime
Service
er rec-
of a
Service
ubuque__
r Fiscal
unt of
motion
and
ion,
Bank -
ervice
er rec-
of a
ervice�.
phens
Year
1,500
m the
ment
oder-
upon
d and
n.
c. -
and
received and filed. Buol
moved adoption of Resolution
No. 238-02 Naming
Depositories. Seconded by
Cline. Motion carried 7-0.
Business Licenses: 8uo1
moved adoption of Resolution
No. 239-02 Granting the
issuance of a Class B Beer
Permit (5 Day Special Event) to
Dubuque Jaycees - Main
Event; Class B Beer Permit (6
Month) to Baseball Dreamer;
Class C Beer Permit to Oky
Doky #2, Oky Doky #1,
Beecher Beverage, Tobacco
Outlet Plus, 16th Street
Auto/Truck Plaza, McCann's
Service, Casey's General
Store (2699 Rockdale Rd), and
Casey's General Store (4003
Peru Rd) and Resolution No.
240-02 Granting the issuance
of a Class C Beer/Liquor
License to Denny's Lux Club,
Shot Tower, and Corner Tap;
Special Class C Liquor
License to Athenian Grill;
Class B Wine Permit to
Beecher Beverage, Oky Doky
#2, Oky Doky #1, and Carroll's
Wine Company. Seconded by
Cline. Motion carried 7-0.
BOARDS/COMMISSIONS
Appointments to the follow-
ing Board:
Mechanical Code Board: 1
Unexpired Three Year Term to
Expire 3/16/03 (Held by
Willenborg), 3 Unexpired Three
Year Terms to Expire 3/16/04
(One Held by Brashaw and
TermsTwo Three Year
to Expire2
3% 6/05 (Held
by Grothe and Giese).
Applicants (Need Mechanical
Background): Tom W. Giese,
David W. Grothe, Michael P.
Kelly, Paul J. Papin (also
serves on Plumbing Board),
David C. Stuart, Harlan J.
Willenborg (also serves on
Plumbing Board). Upon
motion Harlan Willenborg
reappointed to term to expire
3/16/03. Upon motion David
W. Grothe and Tom W. Giese
reappointed to terms to expire
3/16/05. Upon motion Michael
P. Kelly, Paul J. Papin and
David C. Stuart. appointed to
terms which will expire
3/16/04.
PUBLIC HEARINGS
Upon motion the rules were
suspended to allow anyone
present to speak.
Upon motion the following
was remoyed from the table:
Sisters of St. Francis - 1001
Davis Street - Rezoning
Request (Tabled on 4/15/02):
Communication from Planning
Services Manager regarding
the rezoning request and pro-
viding options for Council con-
sideration; Communication
from Joel and Mary Glennon
providing additional informa-
tion; Proof of publication on_
notice of hearing to consider
rezoning property located at
1001 Davis Street from R-1
Single Family Residential
District to OR Office
Residential District at the
request of the Sisters of St.
Francis and Zoning Advisory
Commission recommending
approval; Petition from the
neighbors of the Sisters of St.
Francis requesting that the
zoning remain single family;
Communication from Joel and
Mary Glennon stating that the
property of the Sisters of St.
Francis should remain R-1
Single Family, upon motion
eceived and filed. Ordinance
No. 37-02 Amending Appendix
(the Zoning Ordinance) o
he City of Dubuque Code of
rdinances by reclassifying
ereinafter described property
Gated at 1001 Davis Street
rom R-1 Single Family
esidential District to OR
ffice High Density Multi-
amily Residential District,
resented and read.:
arkham moved that the
requirement that a proposed
Ordinance be considered and
ed on for passage at two
ouncil Meetings prior to the
eeting at which it is to be
ally passed be suspended
d further moved final con-
eration and passage of the -,
Ordinance. Seconded by
Nicholson. Motion carried 7-
0.
John F. Kennedy
Reconstruction Project: Proof
of publication on notice of
hearing and City Manager rec-
ommending approval of the
amended preliminary schedule
of assessments, including the
elimination of sidewalks fro
the project, upon motion
received and filed. Gene
Winders, 3017 John F.
Kennedy, spoke questioning
his assessment for water
hookup as he had been
assessed years ago. Nancy
Kutsch and Carl Thumser both
spoke pecifics of
the project and home valuation
and Staff provided answers.
Markham moved adoption of
Resolution No. 241-02 With
respect to the adoption of the
Resolution of . Necessity pro-
posed for the John F. Kennedy
Reconstruction Project.
Seconded by Buol. Motion
carried 7-0.
Interstate Power and Ligh
Company - Development
Agreement: Proof of publica-
tion on notice of hearing and
City Manager recommending
approval of an amendment to
the Development Agreement
and Real Estate Contract
between the City and
Interstate Power and Light
Company for the substitutio
of Lot 6 for Lot 5 in the sale of
property in the Dubuque
Industrial Center West, upon
motion received and filed.
Walter Hargaves of Interstate
Power and Light Company
spoke to this request.
Cline moved adoption of
Resolution No. 242-02
ApprovinDevelopment n Agreementamendment
and
amendment to Real Estate
Contract with Interstate Power
and Light Company providing
for the sale and private devel-
opment of Lot 6 of the
Dubuque Industrial Center
West 2nd Addition in the City
of Dubuque, Iowa. Seconded
by Michalski. Motion carried
7-0.
Amended and Restated
Garfield Place Urban
Revitalization Area Plan: Proof
of publication and City
Manager recommending
Restatedapproval of an Amended Garfield PlaceUrban
Revitalization Area Plan that
would add an adjoining lot for
a proposed single -room occu-
pancy (SRO) facility at 513
Garfield Avenue to allow prop-
erty tax exemption and extend
the duration of the plan and
communication from the Long
Range Planning Advisory
Commission in support of the
Amended and Restated
Garfield Place Urban
Revitalization Area, upon
motion received and filed.
Ordinance No. 38-02
Establishing the Amended and
Restated Garfield Place Urban
Revitalization Area as an
Urban Revitalizatioh Area pur-
suant to Chapter 404 of the
Code of Iowa, presented and
read. Buol moved that th
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
and further moved final con-
sideration and passage of the
Ordinance. Seconded by
Nicholson. Motion carried 7-
0.
Fiscal Year 2002 Second
Budget Amendment: Proof of
publication on notice of hear-
ing and City Manager recom-
mending approval of the Fiscal
Year 2002 Second Budget
Amendment, upon motion
received and filed. Cline
moved adoption of Resolutio
No. 243-02 Amending the
current budget for the Fiscal
Year ending June 30, 2002.
Seconded by Nicholson.
Motion carried 7-0.
Five Flags Arena - Paint
Ceilings and Walls: Proofs of
publication or, notice of hear -
ing on plans and specifications
and notice to bidders on the
receipt of bids, and City
Manager recommending
award of the contract for the
Five Flags Arena - Paint
Ceilings and Walls Project to
John C. Kaiser Company in the
amount of $71,785, upon
motion received and filed.
Cline moved adoption of
Resolution No. 244-0
Adopting plans and specifica-
tions for the project and
Resolution No. 245-02
Awarding contract to John C.
Kaiser Company. Seconded
by Michalski. Motion carried
7-0.
City Hall Remodeling - First
Floor Ceiling Project: Proof of
publication on notice of hear-
ing and City Manager recom-
mending that the public hear-
ing and award of the contract
for the City Hall Remodeling -
First Floor Ceiling Project be
rescheduled to June 3, 2002,
upon motion received and filed
and closed the Public Hearing
and reschedule this to 6/3/02.
Markham moved adoption of
Resolution No. 246-02 Fixing
date of hearing on plans and
specifications for 6/3/02 at
6:30 P.M. in the public library
auditorium and that the City
Clerk publish notice in the
manner prescribed by law and
Resolution No. 247-02
Ordering bids. Seconded by
Buol. Motion carried 7-0.
Uon on the rules were
renstat dol�miting discussion
to the Council.
ACTION ITEMS
Appeal - l of Claim
Against
t the C:niaRequest of
Christine Kuhle to address the
Council regarding the denial of
her claim for vehicle damage,
upon motion received and filed
and concurred with denial.
Mayor Duggan turned control
of the meeting to Mayor Pro-
Tem Michalski due to possible
conflict of interest.
MWF Properties/Felderman
Business Partnership - Amend
PUD (First Reading on
4/15/02): An Ordinance
Amending Appendix A (the
Zoning Ordinance) of the City
of Dubuque Code of
Ordinances by amending the
Conceptual Development Plan
for property located at the end
of Raven Oaks Drive and cur-
rently zoned PUD Planned Unit
Development District with a
PR Planned Residential
Designation, presented and
read. Markham moved that
the requirement that a pro-
posed Ordinance be consid-
ered and voted on for passage
at two Council Meetings prior
to the meeting at which it is to
be finally passed be suspend-
ed and further moved final
consideration and passage of
the Ordinance. Seconded b
Nicholson. Vote on the motion
was as follows: Yeas:
Michalski, Nicholson,
Connors, Markham. Nays—
Buol, Cline. Abstain —Duggan.
Motion failed due to lack of 3/4
vote.
Markham then moved that
this be considered the second
reading of the Ordinance.
Seconded by Nicholson.
Carried by the following vote:
Yeas Michalski, Nicholson,
Connors, Markham. Nays—
Buol, Cline. Abstain —Duggan.
Communication from Bob
Felderman, Continental Realty
& Felderman Appraisals, in
support of the proposed pro-
ject; communication fro
Dominic Goodmann III, in sup-
port of the application of MWF
Properties and Felderman
Business Partnership to
amend the PUD District on
Raven Oaks Drive; and peti-
tions in opposition to the pro-
posed rezoning, upon motion
received and filed.
Mayor Duggan returned an
took control of the Meeting.
Harvest View Estates Second
Addition - Final Plat: City
Manager recommending
plat of
Harvest approval of t finalhe View Estates Second
Addition, upon motion
received and filed. Nicholson
moved adoption of Resolution
No. 248-02 Approving the final
plat of Harvest View Estates
Second Addition in the City of
Dubuque, Iowa. Seconded by
Connors. Motion carried 7-0.
Michalski spoke expressing
concerns with water run-off in
the unseeded areas in this
development.
Municipal Housing Agency
Governing Board: City
Manager recommending the
appointment of John Plein as
the Section 8 representative to
the Municipal Housing Agency
Governing Board due to the
resignation of Danise Miller
from the Housing
Commission, upon motion
received and filed and
approved recommendation.
Enterprise Zone Commission
Appointments: City Manager
recommending the confirma-
tion of representatives from
the Iowa Department of
Economic Development
(Kelley Deutmeyer, Executive
Director of East Central
Intergovernmental
Association) and the Northeast
Iowa Community College
(Daniel White, member of the
NICC Board of Trustees) to
serve on the City's Enterprise
Zone Commission, upon
motion received and filed and
approved recommendation.
Special Events Policy: City
Manager recommending mod-
ifications to the Special Events_
Application and Agreement
related to insurance require-
ments for events involving
alcohol or fireworks, user fees
or where there is a commercial
use and to amend the pur-
chase of service agreement
with Dubuque Main Street Ltd.
for the purpose of establishing
an event insurance grant pro-
gram, upon motion received
and filed and approved recom-
mendation.
Expansion of Parking Meter
District on 8th Street and Main
Street: City Manager recom-
mending expansion of the
parking meter district to
include both sides of Eighth
Street from Main Street to
Locust Street, and both sides
of Main Street from Fifth Street
to Ninth Street, upon motion
received and filed. An
Ordinance Amending Section
32-336 of the City of Dubuque
Code of Ordinances, estab-
lishing the Municipal Parking
Meter District by adding both
sides of Eighth Street from
Main Street to Locust Street
and both sides of Main Street
from Fifth Street to Ninth
Street, presented and read.
Buol moved that the require-
ment 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
and further moved final con-
sideration and passage of the
Ordinance. Seconded by
Markham. Vote on the motion
was as follows: Yeas —
Nicholson, Buol, Cline,
Connors, Markham. Nays —
Michalski, Duggan. Motion
failed due to lack of 3/ vote.
Buol then moved that this be
considered the first reading of
the Ordinance. Seconded by
Markham. Carried by the fol-
lowing vote: Yeas —
Nicholson, Buol, Cline,
Connors, Markham. Nays —
Michalski, Duggan.
Historic Property Tax Rebate
Program: City Manager rec-
ommending approval of a
Historic Property Tax Rebate
Program which would provide
property tax rebates to owners
in the Downtown Urban
Renewal District who restore
historic buildings to certain
standards upon motion
received and . filed and
approved recommendation.
Entrance Sign for the
Dubuque Industrial Center
West: City Manager recom-
mending approval of a pro-
posed design for an entrance
sign for the Dubuque Industrial
Center West to be located at
Chavenelle Drive and Seippel
Road, upon motion received
and filed and approved recom-
mendation.
COUNCIL MEMBER
REPORTS
Nicholson praised Staff for
their help with the National
League of Cities' Information,
Technology, and
Communications Steering
Committee meeting.
Michalski stated that the
National League of Cities
Conference in Minneapolis,
attended by a team of six, was
a great conference.
ITEMS TO BE SET FOR
PUBLIC HEARING
Old U.S. Highway 20 Water
Main Extension Project -
Initiate: City Manager recom-
mending initiation of the bid-
ding process for the Old U.S.-
Highway 20 Water Main
Extension Project and setting
a public hearing for June 3,
2002, upon motion received
and filed. Buol moved adop-
tion of Resolution No. 249-02
Preliminary approval of plans
and specifications; Resolution
No. 250-02 Fixing date of_
hearing on plans and specifi-
cations for 6/3/02 at 6:30 P.M.
in the public library auditorium
and that the City Clerk publish
notice in the manner pre-
scribed by law; and
Resolution No. 251-02
Ordering bids. Seconded by
Markham. Motion carried 7-0.
Woodward Museum 200
Renovations Project - Initiate:
City Manager recommending
initiation of the bidding
process for the Woodward
Museum 2002 Renovations
Project and setting a public
hearing for June 17, 2002,
upon motion received and
filed. Buol moved adoption
of Resolution No. 252-02-!
Preliminary approval of plans
and specifications; Resolution
No. 253-02 Fixing date of
hearing on plans and specifi-
cations •for 6/17/02 at 6:30
P.M. in the public library audi-
torium and that the City Clerk
publish notice in the manner
prescribed by law and
Resolution No. 254-02.
Ordering bids. Seconded by
Markham. Motion carried 7-0.
At 8:05 P.M. upon motion it
was resolved to go into Closed
Session re: Pending Litigation
and Property Acquisition -
Chapter 21.5(1)(c)(j) 2001
Code of Iowa.
At 8:46 P.M. Council recon-
vened with statement that
Staff had been given proper
direction.
There being no further busi-
ness, upon motion meeting
adjourned at 8:47
/s/ Jeanne F. Schneider, CMC !I
City Clerk
1 t 5/15
al Center
in the City , IOWA
Seconded ,DINGS
on carried Regular
Restated
Urban Regular
tan: Proof 1. in the
and City
rnmending Duggan,
3nded and ol, Cline,_
lace Urban fichalski,
Plan that Manager
ling lot for Milligen,
Dom occu- ;I Barry
ty at 513
allow prop -I the call
and extend a regular
plan and Council
the Long e of act -
Advisory ss which.+
port of the -fore the
Report, upon motion received unpara Installments, me n o
and filed. when the assessments are
Notice of Claims/Suits: payable and directing the,,,
Eugene Conklin in estimated Clerk tioa ertiify the finalnh notice d-
amount of $8.48 for property ule
damage; Shawn Kohnen in thereof. Seconded by Cline.
undetermined amount for vehi- MotionHacarried
ried StreetS0.
tormSewer
cle damage; Darlene Millard in_
estimated amount of $485.04 Project - Acceptance: City
for vehicle damage; Joan Manager recommending
Nicks in estimated amount of acceptance ' of the Hamilton
$2,170 for property damage; Street Storm Sewer Project in
Jerry Turner (for Judy the final contract amount of,.
Eckstein) in estimated amount $21,182.01, upon motion
of $1,676.90 for property dam- received and filed. Buol moved
age, upon motion referred to adoption of Resolution No.
the Legal Staff for investigation 23ent02 and Resolution No r233-
ove-
and report. estimate.
Corporation Counsel advising 02 Approving final
that been Ireferred to Public claims
have Seconded by Cline. Motion
Entity carried 7 0
Risk Services of Iowa, the ISU Extension Services for
agent for the Iowa Uptown Recreation Programs: —
Communities Assurance Pool: City Manager recommending
Shawn M. Kohnen for vehicle approval of a grant agreement
damage; Joan Nicks for prop- with ISU Extension Services to
erty damage, upon motion provide summer programs as
received and filed and con-_ part Program,
the Uptown Recreation
ation
curred.
Corporation Council recom- received and filed and
mending settlement of the approved recommendation.
claim of
Four
nds
amount of $93.46 for vehicle Foundation t with forSum erruDay
damage and directing Finance Camp Program: CityManager
Manaagerr
Director to issue payment, recommending approval
f a
upon motion received and filed grant agreement with Four
and concurred and directed Mounds Foundation to provide
Finance Director to issue pay-_ the summer day camp pro-
ment. gram as part of the Uptown
Corporation Counsel recom- Recreation Program, upon
mending denial of the claim of motion received and filed and
Rick Biedermann for vehicle approved recommendation.
damage, upon motion Miller -Riverview Park _
received and filed and con- ManaManagement Agreement:
r eemmendiity
C curred. of the management
Citizen Communications: approval
(a) Communication from agreement with Pat Felderman
Duaine and Jane Greenfield,_ for Miller -Riverview Park, upon
regarding The Busted Lift, motion recommnddaedn.nd
upon motion received and filed approved
and referred to the City Historic Survey III Architectural
/.
Manager.
(b) Communication from City Manager recommending
Jennifer A. Clemens -Conlon, approval of the selection of
representing Canvas Products Jim Jacobsen of History Pays!
Company, regarding The as the consultant for the Phase
Busted Lift, upon motion 111 Architectural / Historic
received and filed and referred_ Survey
/ onluattion ce!ve project,
ect,
to the City Manager. P
c) Communication of Michael filed. Buol moved adoption of
W. Basten requesting to Resolution No. ' 234-02
acquire a portion of City- Approving a contract for
owned property located at Phase III Architectural /.
2804 Van Buren Avenue at the Historic Survey / Evaluation.
corner of Isborn Avenue, upon Seconded by Cline. Motion
motion received and filed and carried Valley Trailhead
referred to the City Manager. prow
(d) Communication of Joseph_ Project Grant Agreement City
G. Feltes requesting to acquire Manager of a' grant recommagreemending
a portion of City -owned prop- approval
t
erty located on Stafford with the Iowa Department of
Avenue, upon motion received Transportation for acquisition
and filed and referred' to the of oalleopp n motion rertin he eceived-
(e) .
City Manager.
(e) Communication of and filed. Buol moved adop-
Callahan Construction, Inc., tion of Resolution No. 235-02
requesting voluntary annexa- Authorizing a grant agreement
tion of property located_ with the Iowa Department of
between the City of Dubuque Transportation for Federal
and -the City of Asbury, upon Recreational Trail Funds for
motion received and filed and acquisition of land in the
referred to the City Manager. Riprow Valley. Seconded by
(f) Communication of Cline. Motion cari a 7-0 abor
Stephanie and Keith Wieland, Dubuque
2910 Jackson Street, regard- Management Council -
ing the rental policy of the new Purchase of Service
pavilion at Comiskey Park, Agreement: City Mgeofe a
upon motion received and filed_ ommending approval
and referred to the City Purchase of Service
Agreement with Dubuque Area
Manager.
Lead Paint Demonstration Labor Management
ncil
Project Fnding: CYrFisal Year 2003 in the
' Manager recommending amount of $15,768, upon._
approval of an application to motinreceivedrecommnd aand file
dn.d nd
the Community Environmental approved
Health Resource Center for Dubuque Main Street, Ltd. -
funds to enhance the work of Purchase of Service
the current Lead Paint Hazard(,.. Agreement City Manager
r a
Reduction Program, upon ommending approval
motion received and filed and Purchase of Service
approved recommendation. Agreement with Dubuque
Lead Paint Education Main Street, Ltd., for Fiscal
Program Funding: City Year 2003 in the amount of__
Manager recommending $43,966, upon motion
approval of an application to received and filed and
the "Lead Safe .for Kid's approved recommendation.
Sake" enhancecompetition
for funds to Prect Concthe educational_ Grandparent-Prrn, Inc. - Foster
m-
aspects of the current Lead Purchase of Service
Paint Hazard Reduction Agreement: City Manager
ofeCa
Program, upon motion ommending approval
received and filed and Purchase of Service
approved recommendation. Agreement with Project
Fiscal Year 2002 Annual Concern, Inc. Foster
Action Plan - Amendment 4: Grandparent Program for
City Manager recommending Fiscal Year 2003 in the amount
approval of proposed changes of $5,435, upon
Community_ received and filed
Development City'sto the Block Grant approved recommendation.nd
(CDBG) Fiscal Year 2002 Greater Dubuque
Annual Action Plan to provide Development Corporation -
additional funding for the land- Purchase of Service
scaping project at Second and Agreement: City Manager rec--_
Bluff Streets, upon motion ommending approval of a
received and filed. Buol Purchase of Service
moved adoption of ResolutionioAgreemDubuquent with Greater
Developmeer
No. 227-02 Approving
Amendment 4 to the Fiscal- Corporation for Fiscal Year
Year 2002 (Program Year 2003 in the amount of
2001) Annual Action Plan for $127,500, upon motion
Community Development received and filed and
Block Grant Funds. Seconded approved recommendation.
byCline.
Self-Suff ciencfy and Iowa - Purchase oS
Familyortheast _
Service
Homeownership Program Agreement: City Mger ofeCa
Coordinator: City Manager ommending approval
recommending approval of an Purchase of Service
application to the U.S.,. Agreement with Helping
Department of Housing and Services of Northeast Iowa,
Urban Development (HUD) for Inc., for Fiscal Year 2003 in the
funds to renew the City's cur- amount of $1,964, upon
rent Family Self -Sufficiency motion received and filed and
Program Coordinator position approved recommendation. .,_
and for new funding to con- Operation: New View -
tract for services to promote Purchase of Service
homeownership opportunities Agreement City Manager rec-
for Section 8 Program families, ommending approval
upon motion received and filed Purchase of Service
and approved recommenda- Agreement with Operation:
tion. New View for Fiscal Year 2003
Housing Commission: in the amount of $16,708,
Danise Miller submitting her upon motion received and filed
resignation from the Housing and approved recommenda-__
Commission, upon motion tion.
received and filed the commu- Retired and Senior Volunteer
nication and accepted the res- Program - Purchase of Service
ignation. Agreement: City Manager rec-
Mississippi River Discovery ommending approval of a
Center Utility Relocation Purchase of Service
Project - Acceptance: City Agreement with Retired and
Manager recommending Senior Volunteer Program for
acceptance of the Mississippi Fiscal Year 2003 in the amount
River Discovery Center Utility of $7,341, upon motion --
Relocation Project in the final received and filed and
contract amount of approved recommendation.
$327,031.28, upon motion Substance Abuse Services
received and filed. Buol Center - Purchase of Service
moved adoption of Resolution_ Agreement City Manager
eofe a
No. 228-02 Accepting ommending approval
improvement and Resolution Purchase of Service
No. 229-02 Approving final Agreement with Substance
estimate. Seconded by Cline. Abuse Services Center for
Motion carried 7-0. Fiscal Year 2003 in the amount_
Oak Street Sanitary Sewer of $12,390, upon motion
+o ten• City Manager rec- received and filed and