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Proof Council Minutes 7 1 02Commission Advisory 6/5, upon of for Entity for the for for upon and filed ~ C0mmunicationS~ Communication of motion referred to Famiiy Hilierest f0~ the use of for the annua~ and No for Economic Initiative (EDI) and Subgrantee Contract the Dubuqu~ Soci~ to Museum. Seconded by Cline. Motion ca~r ed 7-0. Scholarship Grant for H stodc on the of ~el[ Stmat but that the July 15, a civil the proceed on_ Nicholson upon motion received and filed and approved Aternate No. 1. Upon motion the rolE)wing Nicho[son moved adoption of Resolution No. 343-02 from the tab[e: Rescinding Resolution No. Ordinance Preservation Staff City Manager rec- nendir approval of a or submitting elarshi grant agreerqen~ from ~the State Histonca Society of Iowa to send two changes to the Human Preservatiofl Relations Ordinance, ' upon Historic commissioners and two motion received and fi[ed- · Planning Services staff · Ordinance No. 51-02 the City Of ~nnual conference Nstional ARiance Preservation Commissions, upon motion received and filed and approved recommenda- tion. License Pub Bids, for the Bell Street Fifth Street Construction ~ and for the~ Bell Street. by Cline. Motion Red Cross Emergency ; of Ordinances Response Vehicle: C. Jty Manager recommending that the City provide $5,0~0 toward the purchase of the Red CROSS Response Vehicle, received and recommenda- tion. the Powers COUNCIL MEMBER REPORTS Micha ski stated tha~ she ~tas been invited to part c~pate ~n a committee for the Nationat League of Cities on Community Child ~rofection. ITEMS TO SE SET FOR PUBUC HEARING Van Burgh Street - Vacati0g license in the amount of amending Section $422;50, upon ,,, the issuance received and tiled approved request. Subp0~n~S;section 27-51(1)bY Business ~icenses:. B ~o°nl moved adophon of Resolut Abctting~ by amending 27- No. 335-02 52(1) ConCernin~ tnvoluntery Retirement of Persons; amending Section )ermit to le Jaycee? Washington park); and Class "C" Seer Permit to Oky Doky #14 and Resolu6on No. o3f37; amending Section Ent t es and amending in ~ Public I: (Three 3-year Amending Sec~on ~ 7/1/05 repre- M~in District, Clarifying who file District and Large and cee terms fo 7/1/04 11th the Terry actiCq in Section J. Section ~ I Van Lenox Avenue), upon receved and fi~ed--- Buol moved adopt of Reso~utlon No. Lenox be c~n- voted On for s~ge at two Councl Meetings is tO be finally passed be~S" ~nal cons derstion arc~[dn P~?' sage of the Or ',n,_~Q"i Seconded by Cline. adoption of Resolution ~. 345-02 of intent in the C~of and f~r~er set the chapter is to be con- substituting Danit pended e~o a d final ceesiderstion n pas- moved adoption ¢ · No. 328-02 Acce ting of the ;at end Res0~t~ion I C0nnors. 02 Approving final requesting consideration Seconded by StOne. ~ppointment, Motion carded 7-0. '~/CABLE TELEPROGRAM~ MING COMMISSiON: (Three Surface terms of Allen, I ~f the Board: ' and meter distdst the Surface 6/30/05, t Street from to Ninth Street in motion ~eceived SUbordination Agreement with ~.h.e the westerly side of the between the end Harvest - Dedication expressed conoern ADVISORY nage~3rdinance No. (T~vo 3-yearn 7/1/05 - terms of portzen ~ L porizen ~ to terms 3-year Oounb[I Meetings mast ng at whicl ZONING 3-yeat terms siderstion and Ordinance. vote: Buoi vacate ap~Rion-' No, Motion Suol moved in th( of DubuqUe. !er EPA Brownfield ; Gmat: City an Upon to allow anyone them, of of land Street: P that notice c the Port of motion Buol moved Resolution No! ' State Bistaricat Spclet~/ o Bankson to pur- chase t~_o~,_ 138 and 139 of Mechanic s on the side [ voted on at two to be ~ of ~. 35t notice STATE OF IOWA DUBUQUE COUNTY { SS: CERTIFICATION OF PUBLICATION STATE OF IOWA DUBUQUE COUNTY { SS: CERTIFICATION OF PUBLICATION l".tu~NIY IOL FELDMANN a Billing Clerk I,__ - ..... ~n Iowa corporation, publisher of the Teleg newspaper of general circulation published in the City of Dubw Dubuque and State of Iowa; hereby certify that the attached notia in said newspaper on the following dates -- ~ '~ - _ , 20 ~, and for which the charge is $- Subscribed to before n~a Notary Public in and for Dubuque C( this~/~ - day of_~-~/~>~' ,.20f -~ -- ~/ Dn~ Notary Public in and for i L 5 ong Range Planning Advisory received and filed. Buol Commission of 6/19; Park and moved adoption of Resolution Recreation Commission of No. 334-02 Providing for an /14; Zoning Advisory Economic Development Commission of 6/5, upon -lotion received and filed. Proof of publication of City Council proceedings of June 3, 2002, June 10 and June 12; proof of publication of list of_ claims and summary of rev- enues for the month ending May 31, 2002, upon motion ecetved and filed. Printed City Council proceed- ommending approval of a ngs for February, 2002, upon scholarship grant agreement notion approved as printed. from the State Historical Notice of Claims/Suits: Society of Iowa to send two Joshua Christenson in esti- Historic Preservation nated amount of $1,560 plus_ Commissioners and two nedical expenses for personal Planning Services staff to the njury; Dempsey's and Molly's Dub and Grub in undetermined amount for property damage; Roger P. Ebertz in undeter- mined amount for personal njury; Marla Fedderson in esti- nated amount of $881.76 for property damage; Daniel K. Kelly in estimated amount of,_ 14.21 for property damage; Louis S. Roepsch in undeter- mined amount for personal injury, upon motion referred to the Legal Staff for investigation approved request. and report. Business Licenses:. Buol Corporation Counsel advising moved adoption of Resolution that the following claims have No. 335-02 Granting the been referred to Public Entity issuance of nine renewal per - Risk Services of Iowa, the mits to sell cigarettes and cig- agent for the Iowa arette papers within the City; Communities Assurance Pool: Resolution No. 336-02 Joshua Christenson for per- Granting the issuance of a sonal injury; Dempsey's & Class "B" Beer (Special Event) Molly's Pub & Grub for proper- Permit to Dubuque Jaycees ty damage; Roger E. Ebertz for (Tents A, B and C in personal injury; Marla Washington Park); and Class Feddersen for property dam- "C" Beer Permit to Oky Doky age; Neil T. Nelson for person- #14 and Resolution No. 337- al injury; Louis S. Roepsch for_ 02 Granting issuance of a personal injury, upon motion ' Class "C" Beer/Liquor License received and filed and con- to Jumpers Sports Bar & Grill, curred. Airport Inn, Diamond Jo Corporation Counsel recom- Casino Portside, Applebee's mending denial of the claim of Neighborhood Grill, Bodines, Robert Clement for vehicle Creslanes Bowling, Murphs damage, upon motion South End Tap, and Walnut received and filed and con- Tap. Seconded by Cline. curred. Motion carried 7-0. Citizen Communications: BOARDS/COMMISSIONS Communication of Albert- Applicants are invited to Giegerich regarding address the Council regarding Mediacom, upon motion their desire to serve on the fol- received and filed and referred lowing Boards/Commissions: to the City Manager. HISTORIC PRESERVATION Communication of Mark J. COMMISSION: (Three 3-year Sullivan requesting that con- terms to expire 7/1/05 repre- sideration be given to placing senting Old Main District, yield signs or stop signs on Langworthy District and Camelot Drive at its intersec- Architect/At Large and one tion with Embassy West Drive,' unexpired 3-year terms to upon motion received and filed expire 7/1/04 representing and referred to the City West 11th District). Manager. Applicants: Terry Mozena Hillcrest Family Services (Langworthy District); Agreement: City Manager rec- Christopher J. Wand ommending approval of an (Architect/At Large). Terry agreement with Hillcrest Mozena submitted a letter Family Services for the use of requesting consideration for Murphy Park for the annual,.. reappointment. holiday light display, upon HOUSING COMMISSION: motion received and filed and (Two unexpired terms expir- approved recommendation. ing 8/17/02 and 8/17/03). Ice Rinks and Murphy Tennis Applicant: Danita L. Galdick. Courts Lighting Project: City Ms. Galdick spoke requesting Manager recommending consideration for appoint - acceptance of the Ice Rinks ment. and Murphy Park Tennis TV CABLE REGULATORY Courts Light Project in the final COMMISSION: (Two 3-year contract amount of terms of Tigges and Webster $108,277.07, upon motion to expire '6/30/05, one unex- received and filed, Buol pired term to expire 6/30/04). moved adoption of Resolution Applicants: Danita L. Galdick,. No. 328-02 Accepting Ronald Tigges; Walter improvement and Resolution Webster. Ms. Galdick spoke No. 329-02 Approving final requesting consideration for estimate. Seconded by Cline. appointment. Motion carried 7-0. TV CABLE TELEPROGRAM- Surface Transportation MING COMMISSION: (Three Board: Communication from 3-year terms of Allen, the Surface Transportation Wanamaker, and Hoverman to Board regarding the proposal expire 6/30/05, two unexpired by Iowa, Chicago and Eastern 3-year terms to expire Railroad Corporation to 6/30/03). Applicant: Daniel B. acquire and operate all the rail Wilant. Mr. Wilant spoke lines of I & M Rail Link, LLC, requesting consideration for upon motion received and appointment. filed. Appointments to the follow - Chicago Central and Pacific ing Boards/Commissions: Railroad Company - LONG RANGE PLANNING Subordination Agreement:- ADVISORY COMMISSION: City Manager recommending (Two 3-years terms to expire approval of a Subordination 7/1/05 - terms of Portzen and Agreement with the Chicago Rusk). Applicants: Michael E. Central and Pacific Railroad Portzen, David Rusk. Upon Company for the construction motion Michael E. Portzen and of a 24-foot wide roadway and David Rusk reappointed to an 8-foot wide sidewalk along terms to expire 7/1/05. the westerly side of the Ice PARK AND RECREATION Harbor, upon motion received COMISSION: (Two 3-year and filed. Buol moved adop-- terms to expire 6/30/05 - tion of Resolution No. 330-02 terms of Blocklinger and Approving Subordination Schrobilgen). Applicants: Agreement between the City of Robert J. Blocker, Tom Dubuque and Chicago Central Blocklinger, Danita L. Galdick, and Pacific Railroad Company Tom Schrobilgen. Upon vote, for the purpose of construc- Tom Blocklinger and Tom tion, operation, and mainte- Schrobilgen reappointed to nance of a roadway along the terms to expire 6/30/05. westerly side of the Ice Harbor._ ZONING ADVISORY COM- Seconded by Cline. Motion MISSION: (Three 3-year tar terms of carried 7-0. P Harvest Business Center Christ, Schiltz, Smith)., Final Plat - Dedication of Lot Applicants: Martha E. Christ, B: City Manager recommend- Ferd Nester, Richard J. Schiltz, ing acceptance of the dedica- Ron Smith. Upon vote, Martha tion of Lot B of Harvest E. Christ, Richard J. Schiltz Business Center as a public and Ron Smith reappointed to street, upon motion received terms to expire 7/1/05. and filed. Buol moved adop-� ZONING BOARD OF tion of Resolution No. 331-02 ADJUSTMENT: (One 5-year Accepting the dedication of term to expire 3/25/07 - term Lot B of Harvest Business of Beeler) Applicant: William J. Center, being a part of Meinen Felderman. Upon motion Court, to the City of Dubuque. William J. Felderman appoint - Seconded by Cline. Motion ed to a term which will expire zi9ci117_ Initiative (EDI) Special Project Grant Agreement with HUD and Subgrantee Contract with the Dubuque County Historical Society for the America's River Museum. Seconded by Cline. Motion carried 7-0. Scholarship Grant for Historic Preservation Commissioners and Staff: City Manager rec- annual conference of the National Alliance of Preservation Commissions, upon motion received and filed and approved recommenda- tion. Business License Refund: Attitudes Pub and Grill requesting a refund on their beer and liquor combination license in the amount of $422.50, upon motion received and filed and was removed from the table: Penalty for Tobacco Permit Holder (Tabled on June 17, 2002): Council consideration of assessing a civil penalty_ against the Liquor Depot for underage tobacco sales, pre- sented and read. Nicholson moved to assess the suspen- sion penalty. Seconded by Michalski. Motion carried 7-0. Upon motion the following was removed from the table: Human Rights Ordinance (fabled on June 3, 2002): City Manager submitting clarifica- tion material for recommended changes to the Human Relations Ordinance, upon motion received and filed. Ordinance No. 51-02 Amending the City Of Dubuque Code of Ordinances Section 27-1 by substituting new definitions for "Court,"_ "Person," and "Unfair Practice or Discriminatory Practice"; by amending Section 27-23(b) Relating to Meetings; by amending Section 27-27(4), (6) and (7) Clarifying the Powers and Duties of Commissioners; by amending Section 27-29 Relating to the Issuance of Subpoenas; by amending_ Section 27-51(1) and (2) Relating to Illegal "Aiding or Abetting"; by amending 27- 52(1) Concerning Involuntary Retirement of Persons; by amending Section 27-61 Concerning Prohibited Practices in Accommodations or Services; by amending Section 27-72 Exemptions from Employment Practices; by amending Section 27-81(a) Relating to Employment Prohibited Practices; by amending Section 27-82 Concerning Exemptions to Disability Discrimination by Religious Entities and the Family Exemptions and the Employment Prohibitions; by, , amending Section 27-84 (e) which changes "Transpor- tation Employees" to "Govern- mental Regulations"; by amending Section 27-85(a) Relating to Prohibited Practices in Public Accommodations and Section 27-85(c) Relating to Prohibited Practices in Public , Accommodations; by Amending Section 27-111 Clarifying who can file civil rights complaints; by amend- ing Section 27-114 Clarifying the ability of the Director to screen complaints; by amend- ing Section 27-116(a) Concerning the remedial action in contested cases; by_ amending Section 27-117 clarifying the Section and by deleting extraneous words; by repealing Section 27-119 Procedural Rules; by amend- ing Section 27-121 concerning how the Chapter is to be con- strued; and by substituting a new definition of "Person" in Section 27-130, presented_ and read. Michalski moved that the requirement that a proposed Ordinance be con- sidered and voted on for pas- sage at two Council Meetings prior to the meeting at which it is to be finally passedbe sus- pended and further moved final consideration and pas- sage of the Ordinance. Seconded by Connors. Motion carried 7-0. Expansion of Main Street Parking Meter District: City Manager recommending expansion of the downtown parking meter district to include Main Street from Fifth Street to Ninth Street in antici- pation of the July opening of Main Street, upon motion received and filed. Michalski and Duggan expressed concerns about the drop off zones and proper sig- nage. Ordinance No. 52-02 Amending Section 32-336 of the City of Dubuque Code of Ordinances establishing the_ Municipal Parking Meter District by adding both sides of Main Street from Fifth Street to Ninth Street, presented and read. Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be._ finally passed be suspended and further moved final con- sideration and passage of the Ordinance. Seconded by Nicholson. Carried by the fol- lowing vote: Yeas—Buol, Cline, Connors, Markham, Michalski, Nicholson. Nays — Duggan. Main Street Traffic Signage: City Manager recommending that, with the opening of Main Street in July, a stop sign be placed on Main Street at 5th Street for southbound traffic, and that stop signs be placed to stop eastbound and west- bound traffic on 8th Street at Main Street, upon motion received and filed. Ordinance_ No. 53-02 Amending the Code of Ordinances of the City of project will not be ready for bid with the construction project and submitting design alterna- tives for the construction of Bell Street but that the July 15, 2002 public hearing on the plans and specifications for the project will proceed on_ schedule, upon motion received and filed and approved Alternate No. 1. Nicholson moved adoption of Resolution No. 343-02 Rescinding Resolution No. 322-02, Ordering Bids, for the Bell Street and Fifth Street Construction Project and approval of Alternate #1 for the design of Bell Street. Seconded by Cline. Motion carried 7-0. Red Cross Emergency Response Vehicle: City Manager recommending that the City provide $5,000 toward the purchase of the Red Cross Emergency Response Vehicle, upon motion received and filed and approved recommenda- tion. COUNCIL MEMBER REPORTS Michalski stated that she has been invited to participate in a committee for the National League of Cities on Community Child Protection. ITEMS TO BE SET FOR PUBLIC HEARING Van Buren Street - Vacating Petition: City Manager recom- mending that a public hearing be set for July 15, 2002 to con- sider a request from Michael and Sally Basten to vacate a portion of Van Buren Street (formerly Lenox Avenue), upon motion received and filed._ Buol moved adoption of Resolution No. 344-02 Approving plat of proposed vacated portion of Van Buren Street (formerly Lenox Avenue). Seconded by Cline. Motion carried 7-0. Ordinance No. 54-02 Vacating a portion of Van Buren Street (formerly Lenox Avenue), pre-_ sented and read. Buol moved that the requirement that a proposed Ordinance be con- sidered and voted on for pas- sage at two Council Meetings prior to the meeting at which it is to be finally passed be sus- pended and further moved final consideration and pas- sage of the Ordinance. Seconded by Cline. Motion carried 7-0. Buol moved adoption of Resolution No. 345-02 of Intent to dispose of City interest in Lot 119A of Lenox Addition in the City of Dubuque, Iowa, and further set this for public hearing on 7/15/02 at a meeting to com- mence at 6:30 P.M. In the pub- lic library auditorium and that - the City Clerk publish notice in the manner prescribed by law. Seconded by Cline. Motion carried 7-0. Southem Avenue - Vacating Petition: City Manager recom- mending that a public hearing be set for July 15, 2002 to con- sider a request from David S. Hartig, Jr., to vacate a portion - of Southern Avenue (formerly platted as Stewart Street), upon motion received and filed. Buol moved adoption of Resolution No. 346-02 Approving plat of proposed vacated portion of Southern Avenue (formerly platted as Stewart Street). Seconded by Cline. Motion carried 7-0. Ordinance No. 55-02 Vacating a portion of Southern Avenue (formerly platted as Stewart 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 b` finally passed be suspended and further moved final con- sideration and passage of the Ordinance. Seconded by Cline. Motion carried 7-0 Buol moved adoption o, Resolution No. 347-02 0 Intent to dispose of City inter est in Lot 61 of Shipton's� Addition in the City o Dubuque, Iowa and further s this for public hearing at meeting to commence at 6:3 P.M. in the public library audi torium and that the City Cler publish notice in the manne prescribed by law. Seconde by Cline. Motion carried 7-0. Stewart Annexation: Cit Manager requesting that public hearing be set f August 5, 2002 to consider voluntary annexation reque of Wayne and Lynn Stewart f property located on 01 Highway Road, upon moti received and filed and set th for public hearing on 8/5/02 a meeting to commence 6:30 P.M. in the public libra auditorium and that the Ci Clerk publish notice in tt manner prescribed by la Seconded by Cline. Motic carried 7-0. Wartburg Pier Reconstruction Project Initiate: City Manager recc or et a 0 k d a or a st d on is at at rY y e w. n e m- 1 CITY OF DUBUQUE, IOWA ' COUNCIL PROCEEDINGS' OFFICIAL City Council, Regular Session, July 1, 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 Reverend John Hulsizer, Pastor, Church of the Nazarene. Proclamation: American Character Week (September 6 -14, 2002) CONSENT ITEMS Minutes Submitted: Airport Commission of 5/28; City Council of 6/12 and 6/17; Community ' Development Advisory Commission of 6/5; Downtown Planning Committee of the Long Range Planning Advisory Commission of 6/10; Five Flags Commission of 5/20;, Agreement between the City of Dubuque and Chicago Central and Pacific Railroad Company for the purpose of construc- tion, operation, and mainte- nance of a roadway along the westerly side of the Ice Harbor. Seconded by Cline. Motion carried 7-0. Harvest Business Center Final Plat - Dedication of Lot B: City Manager recommend- ing acceptance of the dedica- tion of Lot B of Harvest Business Center as a public street, upon motion received and filed. Buol moved adop- tion of Resolution No. 331-02 Accepting the dedication of Lot B of Harvest Business Center, being a part of Meinen Court, to the City of Dubuque. Seconded by Cline. Motion carried 7-0. Formal Application for EPA Brownfield Grant: City Manager recommendin. approval of the submission o the formal application for an Environmental Protection Agency Brownfield Grant for environmental assessments in the Port of Dubuque, upon motion received and filed. Buol moved adoption of Resolution No. 332-02 Authorizing the filing of a for- mal application for the Brownfields Assessment Demonstration Pilot program for environmental assess- ments in the Port of Dubuque. Seconded by Cline. Motion carried 7-0. State Historical Society of Iowa: , Communication from the State Historical Society of Iowa advising that the Gran. Opera House has been accepted for nomination to the National Register of Historic Places, upon motion received and filed. Iowa Department of Natural Resources: Communication from the Iowa Department of Natural Resources submitting the inspection report for the City's wastewater treatment plant, upon motion received and filed and referred to the City Manager. U.S. Department of Housing and Urban Development: City Manager recommending approval of the Community Development Block Grant (CDBG) Agreement with the U.S. Department of Housing and Urban Development in the amount of $1,487,000 for the program year beginning July 1, 2002, upon motion received and filed. Buol moved adop- tion of Resolution No. 333-02 Authorizing execution of a Community Development Block Grant Agreement wit the U.S. Department of Housing and Urban Development. Seconded by Cline. Motion carried 7-0. America's River Museum - EDI Special Project Grant: City Manager recommending approval of a $1,000,000 Economic Development Initiative (EDI) Special Projec grant agreement with the U.S. Department of Housing and Urban Development and a subgrantee contract with Dubuque County Historical Society for the America's River Museum, upon motion Robert J. Blocker, Tom Blocklinger, Danita L. Galdick, Tom Schrobilgen. Upon vote, Tom Blocklinger and Tom Schrobilgen reappointed to terms to expire 6/30/05. ZONING ADVISORY COM- MISSION: (Three 3-year terms to expire 7/1/05 - terms of Christ, Schiltz, Smith)._ Applicants: Martha E. Christ, Ferd Nesler, Richard J. Schiltz, Ron Smith. Upon vote, Martha E. Christ, Richard J. Schiltz and Ron Smith reappointed to terms to expire 7/1/05. ZONING BOARD OF ADJUSTMENT: (One 5-year term to expire 3/25/07 - term of Beeler) Applicant: William J_ Felderman. Upon motion William J. Felderman appoint- ed to a term which will expire 3/25/07. PUBLIC HEARINGS Upon motion the rules were suspended to allow anyone present to speak. Sale of City Lots - Napier Street: Proof of publication on,„ notice of hearing and City Manager recommending approval of a request from Robert J. Cartmill and Glenn and Georgia Bankson to pur- chase Lots 138 and 139 of Mechanic's Addition on the north side of Napier Street, upon motion received and filed. Markham moved adop- tion of Resolution No. 338-02 Disposing of City interest in Lots 138 and 139 of Mechanic's Addition. Seconded by Cline. Motion carried 7-0. Education and Conference Center - Bid Package #2 Project: Proofs of publication on notice of hearing on plansr and specifications, and notice to bidders on the receipt of bids, and City Manager rec- ommending award of the con- tract for the Education and Conference Center - Bid Package #2 Project to Canam Steel Corporation in the amount of $440,500, upon motion received and filed.,_ Buol moved adoption of Resolution No. 339-02 Adopting plans and specifica- tions for the project and Resooution No. 340-02 Awarding contract to Canam Steel Corporation. Seconded by Cline. Motion carried 7-0. Bunker Hill Sidewalk Installation Project: Proofs of_ publication on 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 Bunker Hill . Sidewalk Installation Project to Winger Construction, L.C., in the amount of $36,172, upon,. motion received and filed. Buol moved adoption of Resolution No. 341-02 Adopting plans and specifica- tions for the project and Resolution No. 342-02 Awarding contract to Winger Construction, L.C. Seconded by Nicholson. Motion carried 7-0. Upon motion the rules were reinstated limiting discussion to the Council. ACTION ITEMS Upon motion the following Council Meetings prior to the meeting at which it is to b finally passed be suspended and further moved final con- sideration and passage of the Ordinance. Seconded by Nicholson. Carried by the fol- lowing vote: Yeas—Buol, Cline, Connors, Markham, Michalski, Nicholson. Nays — Duggan. Main Street Traffic Signage.. City Manager recommending that, with the opening of Main Street in July, a stop sign be placed on Main Street at 5th Street for southbound traffic, and that stop signs be placed to stop eastbound and west- bound traffic on 8th Street at Main Street, upon motion received and filed. Ordinance_ No. 53-02 Amending the Code of Ordinances of the City of Dubuque, Iowa, by modifying Subsection (b) of Section 32- 214 thereof providing for the addition of stop signs on Eighth Street at Main Street, presented and read. Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and fur- ther moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. Resource Enhancement and Protection (REAP) Program: City Manager recommending approval of the updated REAP Plan and requesting that a Council representative be appointed to the REAP Committee, upon motion received and filed and approved Council Member Connors as the representative. Water Tower and Northwest Arterial Water Main Extension Engineering Services Contract: City Manager rec- ommending approval of the award of the engineering ser- vices contract for the pro- posed water tower to be locat- ed 'adjacent to the soccer complex on John F. Kennedy Road and the Northwest Arterial watermain extension project to Veenstra and Kimm, Inc., upon motion received and filed and approved recommen- dation. Bell Street and Fifth Street Construction: City Manager recommending that Resolution No. 322-02 - Ordering Bids for the Bell Street and Fifth Street be rescinded as the torium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Cline. Motion carried 7-0. Stewart Annexation: City_ Manager requesting that a public hearing be set for August 5, 2002 to consider a voluntary annexation request of Wayne and Lynn Stewart for property located on Old Highway Road, upon motion received and filed and set this for public hearing on 8/5/02 at a meeting to commence at 6:30 P.M. in the public library auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Cline. Motion carried 7-0. Wartburg Place Reconstruction Project - Initiate: City Manager recom- mending initiation of the bid-_ ding process for the Wartburg Place Reconstruction Project and setting a public hearing for August 5, 2002 and communi- cation of Corporation Counsel Barry Lindahl regarding -the status of Sunset Ridge, upon motion received and filed. Buol moved adoption of Resolution No. 348-02_ Preliminary approval of plans and specifications; Resolution No. 349-02 Fixing date of hearing on plans and specifi- cations; Resolution No. 350- 02 of Necessity; Resolution No. 351-02 Fixing date of hearing on Resolution of Necessity for 8/5/02 at a meet- ing to commence at 6:30 P.M_ in the public library auditorium and that the City Clerk publish notice in the manner pre- scribed by Resolution No. 352-02 Approving preliminary schedule of assessments; and Resolution No. 353-02 Ordering bids. Seconded by Cline.. Motion carried 7-0. At 7:19 P.M. upon motion it was resolved to go into Closed Session re: Pending Litigation - Chapter 21.5(1)(c) 2001 Code of Iowa and Collective Bargaining Strategy Iowa Code Chapter 20.17(3). At 7:59 P.M. Council recon- vened Regular Session and stated staff had been given proper direction. At 8:00 P.M. there being no further business, upon motion meeting adjourned. /s/ Jeanne F. Schneider, CMC City Clerk it 7/10 STATE OF IOWA DUBUQUE COUNTY { SS: CERTIFICATION OF PUBLICATION I, TAMMY M. FELDMANN 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 ;) 1 / 0 , 20 ( , and for which the charge is $ 3 , Edeffikle41, Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this /2603 day of 20 air Notary Public in and for Dubuque Co4fnty, Iowa MARY K. WESTERMEYER Commission Number 154885 My Comm. Exp. FER. 1,2005