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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 i00-973-3366. )I.org (INCN) iINGS..."Rock 3o Direct and ?00.00. 25X30 0 $4,500.00. .00. 35X50 y others. 1- 980. (INCN) CT COURT AND FOR . 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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