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Proof Council Min 10 21 02United States pUblica{ion on noth:e of hear- 566-02 ing tO cbeeider a voluntary 02 Aw0rding contract tO Drew the i~suance annexation request from Cook & Sons forthe ced~truc- Grandview Avenue United ti0n of approximately 1,700 Methodist and feet. ct 12 ihch dusti~e iron C ass ~C" mofioh recei~d and filed. MichalskL moved adopti0O of ReSOtst~0n NO. 567~02 No. ~'DUBUQUE, IOWA publish notice in the presoHhed by law and Resolution No. 569-02 Ordering bids. $~conded by Markham. Mot[on carried 7-0. PeK of Dubuque L~d'Sale: CtiY Manager r~commending that a publi~ hearing be set for Ndvember 25. 2002to cons[d- er-the sale of property in the f Dubuoue ~0 Dubuabe motior Michalski (1) Approving th~ urban the Offer to Buy Real 557-02 comme~ce at of Bums and fineily ~assed be suspended and fur[her moved final con- sideration and passage of the Ordinance. Seconded by 0. Buei moved adoption of Annexing certain 'proper:ty. on Radford Road from C-2 Neighborhood Shopping Friedman/Radfor~ Road and filed. rog. Amending Appendix A (the OrdinanCes by reclaseifying hereinafter described property lhe Ordinance. Seconded by Micheisk~ levee adoption of ~ on notice of hearing to consid- Resolution No. 559~92 er the sale of General 3f an . Obligation Bonds in an amount P, esolution not to exceed $3,300,000 to Funding - Finding that the I support the new water tower Public Outreach for the and water main alon~, the Downtown Master Plan. PJan is n~cessery in the inter-, Northwest Ar~eriei and City Seconded Nicholson. est of the public health, safety Manager recommending and welfare of the residents of approvei, upon motion received and filed Markham moved adoption of Resolution NO. 573-02. instituting pro- ceedings to take additional action for the issuance of t~ot ~ to exceed 83,300.000 General ~ Ob~g~fion Bonds, Seconded , by Bedl. Motion carried 7-0. Bond Sale to Refund $3,100,000 General Obligafi Bonds: Proof of pubticsti on 'notice of hearlng tO ednSl e~ the sale of Gene Obligation Bonds in an amo[ not to exceed $650,000 for t purpOse Of ~fundi $3,100,000 General Obligatib Bonds and City Manager rs( ommending approval apo motion reoeiv~:l and file( Markham moved edopfion el' Resoludon No. 574-02 ~nyone 575~(Y2 request of the~a General for ssessmerits in Alternate; Two-Family Reeidential District to R-4 NO. at th~ Alternate in the final con- publication On notice of hear- 577-02 contract Exbavatin acces~ .the Northwest atthe intersec- f 20 and contin- to the 'Council. ACTION ITEMS Cohvedtion and Visitors Bureau: Request of Czeshinski. Conventior received and ~ed. Czeshinski gave repel Loca Option Services Tax adoption Of Resolution No. 584-02 .the Dubu Seconded by Motion carried 7-5, tion of gaming, in Dubuque County, Iowa_ Seconded by Nichelson. Motin~ carried 7- Be~ Branch Consultant Selection: City Manager rec- ommending approval of the selecSo~ of MSA P~fessional Services MSA) as the Engineering Consulting Fiffn to~- conduct a second studyof the See Branch Drainage Basin, presented and read. Ninhelson movec to receive end ~e and approve the rec- ommendstion. Seconded by Conners. Motion ~afled due to the following vote: Yeas-- Duggan, Nicholson. Nays-- Markham, Minhalski, Buei, Cline, Connors. Buol reeved that Staff bring back the oH i- hal plan. Seconded ~y C~nnors; Canied by the fei- lowing vote: Yeas--Markham Micheiski. Nicholson, BUCt. Cline, Conners. Nays-- DU gan. ~e folinwing was removed Community (Program Year 2002) annual (CDBG) funds . ]]qe Ma~or turned control of filed aha At 8:14 P,M. u motion it STATE OF IOWA DUBUQUE COUNTY {SS: CERTIFICATION OF PUBLICATION [, Tammy M Feldmann, a Billing Clerk for Woodward CommunJ Iowa corporation, publisher of the Telegraph Herald,a newspaper czrculation published in the City of Dubuque, County of Dubuqui Iowa; hereby certify that the attached notice was published in sai( the following dates: October 30, 2002, and for which the charge i Subscribed to before me, a Notary Public in and tUs day ,20 Notary Public in and fo ~ P u! o!Iqnd ,Cm~oN )I'I~Zld ~0 NOIJLVDI~IIJ.}I~D AJ;i EIOD ¥3AOI ~O~Y-Z~ ~oN 'ON II emeqd puc f e~sqd ~Oe d~uoo .lo a6essed pue uo~plsuo~ opoo 15u!uuel~ e6ue}:l 6uo:l e~D tuo. lj 'O-Z 6u!uoz puc pepuedsi~ eq pessed )PeIo .q!O - 0~0 ~p!.omlo$ 3 ouu~r pelleO at, el Xq CITY OF DUBUQUE, IOWA IA COUNCIL PROCEEDINGS OFFICIAL City Council, Monday, October 21, 2002 Council met for Dinner at 5:00 P.M. in the Second Floor Library Rotunda. Council met in Special Session at 5:30 P.M. in the Public Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Connors, Duggan, Markham, Michalski, Nicholson, City Manager Michael Van Milligen, ssistant City Attorney Tim O'Brien. Mayor Duggan read the call and stated this is a special session of the City Council called for the purpose of dis- cussing the design of the pro- posed Public Works facility. Don Vogt, Operations and Maintenance Manager, spoke introducing the committee members in attendance, who were Jon Wallenkamp of Kueny Architects LLC, Bob Green, Water Plant Manager, Mike Brekke of the Water Department, John Klosterman, Street - Maintenance Supervisor, and Rich Russell, Building Department Manager. Jon Wallenkamp then gave a presentation on the proposed facility with Bob Green and Mike Brekke clarifying aspects of the proposed new facility. There being no further busi- ness, upon motion meeting adjourned at 6:09 P.M. /s/ Jeanne F. Schneider, CMC City Clerk damage, upon motion received and filed and con- curred. Corporation Counsel recom- mending denial of the claims of Paul Beyer for vehicle dam- age; Darryl Galle for property damage; Richard J. Hartig for property damage; Marty Meisenburg for property dam- age; Garry Pape for property damage; Mike Portzen of Portzen Construction for loss of revenue, upon motion received and filed and con- curred. Citizen Communications: Communication from Eugene F. Schmidt regarding the replacement of trees in Dubuque and environs, upon motion received and filed and referred to the City Manager. Communication from the Board of Directors of the Dubuque -Jackson Counties Habitat for Humanity regarding storm water run-off problems on lots at 10 Nevada Street and 1431 YM/YW Drive, upon motion received and filed and referred to the City Manager. Communication from Gary W. Reid in support of the pro- posed Wal-Mart Store on the former FDL property and urg- ing the City to provide incen- tives, if necessary, upon motion received and filed and referred to the City Manager. Communication from Christopher and Jennifer Kennedy requesting to pur- chase a portion of City -owned property behind 2345 Roosevelt and 2349 Roosevelt Street, upon motion received and filed and referred to the City Manager. United States Department of the Interior: Communication from the United States Department of the Interior advising that the City's appli- cation for a Fiscal Year 2002 Save America's Treasures Historic Preservation Fund grant for the Dubuque Shot Tower was not selected for funding, upon motion received and filed. International Total Services, Inc.: Communication from Scott E. Brewer, International Total Services, Inc., advising that they have been required to cease its pre -board screen- ing services at the Dubuque Municipal Airport as the Federal government will be taking over this operation, upon motion received and filed. Tower Hills Drive: Communication from Thomas, J. Straka, representing Brian Feldman, notifying the City that Mr. Feldman has denied a request from Ed Tschiggfrie to relinquish his private drive at the end of Tower Hills Drive in Key West to the City for the purpose of making it a public street and requesting that he be notified if this subject comes before the City Council, upon motion received and filed. Dubuque County Board of Supervisors: Communication from Donna L. Smith, Dubuque County Board of Supervisors, advising that they have adopted the proposed Comprehensive Land Use Development Plan and Future Land Use Development Map, upon motion received and filed. Mediacom: Communication from Mediacom Communications Corporation advising of a channel line-up change, upon motion received and filed. Fitz Place - Plat of Survey: Zoning Advisory Commission recommending approval of the Plat of Survey of Lots 1 through 5 of Fitz Place, locat- ed at 3232 Sheridan Road, at the request of John Fitz, upon motion received and filed. Michalski moved adoption of Resolution No. 557-02 Approving the Plat of Survey of Lots 1 through 5 of Fitz Place. Seconded by Nicholson. Motion carried 7- 0. CITY OF DUBUQUE, IOWA COUNCIL PROCEEDINGS OFFICIAL City Council, Regular Session, October 21, 2002 Council met in Regular Session at 6:30 P.M. in the Public Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Connors, Markham, Michalski, Nicholson, City Manager Michael Van Milligen, Assistant City Attorney Tim O'Brien. Mayor Duggan read the call and stated this is the Regular Session of the City Council called for the purpose of dis- cussing such matters which may properly come before the City Council. The invocation was given by Sister Dorothy Heiderscheit, President of the Sisters of St. Francis. Proclamations: Childhood Lead Poisoning Prevention Week (October 20 - 26, 2002) received by Mary Rose Corrigan and Michelle Lowe; Red Ribbon Week (October 23 - 31, 2002) received by Aaron Donath and Brett Mueller. CONSENT ITEMS Minutes Submitted: Airport r:nmmiccinn of 9/26: City Northrange Industrial Park No. 3 - Plat of Survey: Zoning Advisory Commission recom- mending approval of the Plat of Survey of Northrange Industrial Park No. 3, located on Pennsylvania Avenue, at the request of Steve Smith, upon motion received and filed. Michalski moved adop- tion of Resolution No. 558-02 Approving the Plat of Survey of Northrange Industrial Park No. 3 in the City of Dubuque, Iowa. Seconded by Nicholson. Motion carried 7- 0. Downtown Master Plan - American Architectural Foundation for Public Outreach Grant Application: City Manager recommending approval of a $3,000 American Architectural Foundation grant application for public outreach education programs to intro- duce. the Downtown Master Plan to the Dubuque commu- nity, upon motion received and filed. Michalski moved adop- tion of Resolution No. 559-02 Approving the submittal of an application for American Architectural Grant Funding - Public Outreach for the Downtown Master Plan. Seconded by Nicholson. Motion carried 7-0. Subgrantee Agreement with Dubuque County Historical Society: City Manager recom- mending approval of a Subgrantee Agreement with the Dubuque County Historical Society for the National Scenic Byways Grant for design and construction of exhibits for the Great River Road Interpretive Center, upon motion received and filed and approved recom- tract amount of $5,789,960, upon motion received and filed. Michalski moved adop- tion of Resolution No. 562-02 Accepting improvement and Resolution No. 563-02 Approving final estimate. Seconded by Nicholson. Motion carried 7-0. Lease with the Dubuque County Historical Society: City Manager recommending approval of a short-term lease agreement with the Dubuque County Historical Society for the old United Rentals Building at 301 Iowa for use as a stor- age building, upon motion received and filed and approved recommendation. Platinum Holdings, L.L.C.: City Manager recommending approval of a Consent and Subordination to Second Mortgage Agreement for Platinum Holdings, L.L.C. and communication from Wayne. A. Norman, Jr., representing American Trust and Savings Bank, requesting Council approval of a Consent and Subordination to Second Mortgage agreement, upon motion received and filed. Michalski moved adoption of Resolution No. 564-02 Approving Consent and Subordination to Second Mortgage Agreement for Platinum Holdings, L.L.C. in favor of American Trust and Savings Bank. Seconded by Nicholson. Motion carried 7- 0. Business Licenses: Michalski moved adoption of Resolution No. 565-02 Approving the renewal of a license to sell Cigarettes and Cigarette Papers in the City of Dubuque to Cooper Management LLC and Resolution No. 566-02 Granting the issuance of a Class "C" Beer/Liquor License to Bridge Restaurant and Scandals; Special Class "C" Liquor License to Grape Harbor; and Class "B" Wine Permit to Family Mart. Seconded by Nicholson. Motion carried 7-0. ITEMS TO BE SET FOR PUBLIC HEARING City Hall Annex Roof Replacement Project: City Manager recommending initia- tion of the bidding process for the City Hall Annex Roof Replacement Project and set- ting a public hearing for November 18, 2002, upon motion received and filed. Michalski moved adoption of Resolution No. 567-02 Preliminary approval of plans and specifications; Resolution No. 568-02 Fixing date of hearing on plans and 'specifi- cations for 11/18/02 at a meet- ing to commence at 6:30 P.M. in the Public Library auditori- um and that the City Clerk publish notice in the manner prescribed by law and Resolution No. 569-02 Ordering bids. Seconded by Markham. Motion carried 7-0. Port of Dubuque Land Sale: City Manager recommending that a public hearing be set for November 25, 2002 to consid- er the sale of property in the Port of Dubuque to Dubuque Initiatives, upon motion received and filed. Michalski moved adoption of Resolution No. 570-02 (1) Approving the minimum requirements, com- petitive criteria, offering proce- dures for disposition of certain urban renewal property; (2) determining that the Offer to Buy Real Estate and Acceptance submitted by Dubuque Initiatives satisfies the offering requirements and declaring the intent of the City to sign the Offer to Buy Real Estate and Acceptance with Dubuque Initiatives in the event that no competing pro- posals are submitted, and (3) soliciting competing proposals and further setting this for Public Hearing on 11/25/02 at a meeting to commence at 6:30 P.M. in the Public Library auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Markham. Motion carried 7-0. ARC Urban Revitalization Plan: City Manager recom- mending rejection of a request from Area Residential Care to create a new Urban Revitalization District and that this item not be set for. public hearing on November 4, 2002 to consider designating the ARC Urban Revitalization District and communication from the Long Range Planning Commission regarding the ARC Urban Revitalization Plan, upon motion received and filed. Jon Romaine, representing Area Residential Care, spoke in favor of the designation of an Urban Revitalization District, stressing its necessity for this project which would give more independence to the ARC residents. Elena Welsh, of Burns and Burns Architects, spoke requesting this designation and clarifying the financing gap of $33,000. Buol moved adoption of Resolution No. 571-02 Finding that the designation of the ARC Urban Revitalization Plan is necessary in the inter- est of the public health, safety and welfare of the residents of the City of Dubuque, Iowa and providing for a public hearing thereon and further setting this for Public Hearing on 11/4/02 at a meeting to commence at 6:30 P.M. in the Public Library auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Markham. Carried by the following vote: Yeas —Markham, Michalski, ing to consider amending the University of Dubuque ID Institutional District located north of U.S. Highway 20, 800 feet east of Devon Drive, to allow construction of new stu- dent apartments and Zoning Advisory Commission recom- mending approval, upon motion received and filed. Tracy Wagner, representing the University of Dubuque, introduced other individuals available to respond to ques- tions and spoke in support of the adoption of the Ordinance. Michelle Maiers, a student at the University of Dubuque, spoke in favor of the proposed project. Laura Lamb, 2240 Pasadena, also spoke in support. Ordinance No. 84-02 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by providing for the amendment of Ordinance 48-02, which adopted regula- tions for the University of Dubuque ID Institutional District and approving an amended Conceptual Development Plan for the University of Dubuque ID Institutional District, 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 passed be sus- pended and further moved final consideration and pas- sage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. Grandview Avenue United Methodist Church: Proof of publication on notice of hear- ing to consider a voluntary annexation request from Grandview Avenue United Methodist Church and City Manager recommending approval and proof of publica- tion on notice of hearing to consider rezoning property located southwest of John Wesley Drive and north of Asbury Plaza from County A-1 Agricultural to CS Commercial Service and Wholesale District, concurrent with approval of a voluntary annex- ation request, and Zoning Advisory Commission recom- mending approval, upon motion received and filed. Mac Klingler, 11696 King Arthur Ct., spoke in support. Ordinance No. 85-02 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located southwest of John Wesley Drive and north of Asbury Road from Dubuque County A-1 Agricultural District to City of Dubuque CS Commercial Service and Wholesale District, concurrent with annexation, 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. Motion carried 7- 0. Buol moved adoption of Resolution No. 572-02 Annexing certain property. Seconded by Nicholson. Motion carried 7-0. Radford Road - Request to Rezone: Proof of publication on notice of hearing to consid- er rezoning property located on Radford Road from C-2 Neighborhood Shopping Center District to PC Planned Commercial District at the request of Patricia Friedman/Radford Road Development and Zoning Advisory Commission recom- mending approval and com- munication from Mary Janice Giesler requesting that side- walks be installed on Radford Road, upon motion received and filed. Patricia Friedman spoke in favor of the proposed rezon- ing Ordinance No. 86-02 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located on Radford Road from C-2 Neighborhood Shopping Center District to PUD Planned Unit Development District with a PC Planned Commercial District designation, presented and read. Buol 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 by Nicholson. Motion carried 7- 0. Bond Sale to Support Water Projects: Proof of publication on notice of hearing to consid- er the sale of General Obligation Bonds in an amount not to exceed $3,300,000 to support the new water tower and water main along the Northwest Arterial and City Manager recommending approval, upon motion received and filed. Markham moved adoption of Resolution No. 573-02 Instituting pro- ceedings to take additional action for the issuance of not to exceed $3,300,000 General Obligation Bonds. Seconded by Buol. Motion carried 7-0. Bond Sale to Refund $3,100,000 General Obligation Bonds: Proof of publication on notice of hearing to consid- e. +ha calf Of General construction of approximately 1,400 feet of 12 inch ductile iron watermain with acces- sories along Pennsylvania Avenue from the Northwest Arterial west to the Pennsylvania water tank. Seconded by Buol. Motion carried 7-0. Fourth Zone Water Tower Project: Proofs of publication on notice of hearing and notice to bidders on the receipt of bids for the Fourth Zone Water Tower Project and City Manager recommending award of the contract to Landmark Structures I, L.P. in the contract amount of $1,206,000, upon motion received and filed. Cline moved adoption of Resolution No. 578-02 Approval of plans and specifications and Resolution No. 579-02 Awarding contract to Landmark Structures I, L.P. of Fort Worth, Texas for the con- struction of a 1.25 million gal- lon composite elevated water tower with accessories on John F. Kennedy Road. Seconded by Nicholson. Motion carried 7-0. Old U.S. Highway 20 Watermain Extension Phase II Project: Proofs of publication on notice of hearing and notice to bidders on the receipt of bids for the Old U.S. Highway 20 Watermain Extension Phase II Project and City Manager recommending award of the contract to Drew Cook & Sons in the contract amount of $77,603.50, upon motion received and filed. Cline moved adoption of Resolution No. 580-02 Adopting plans and specifica- tions and Resolution No. 581- 02 Awarding contract to Drew Cook & Sons for the construc- tion of approximately 1,700 feet of 12 inch ductile iron watermain with accessories along the north side of Old U.S. Highway 20 starting at the intersection of Radford Road and Old Highway 20 continu- ing to the west. Seconded by Nicholson. Motion carried 7- 0. Ice Harbor Retention Basin Pump Improvement Project: Proofs of publication on notice of hearing and notice to bid- ders on the receipt of bids for the Ice Harbor Retention Basin Pump Improvement Project and City Manager recom- mending award of the contract to M-Z Construction, upon motion received and filed. Michalski moved adoption of Resolution No. 582-02 Approval of plans and specifi- cations and Resolution No. 583-02 Awarding contract. Seconded by Cline. Motion carried 7-0. Upon motion the rules were reinstated limiting discussion to the Council. ACTION ITEMS Convention and Visitors Bureau: Request of Sue Czeshinski, Convention and Visitors Bureau, to give an oral report of Bureau activities dur- ing the first quarter of Fiscal Year 2003, upon motion received and filed. Sue Czeshinski gave a verbal report. Local Option Sales and Services Tax - Dubuque Community School District: Michalski moved adoption of Resolution No. 584-02 Recognizing the importance of adequate school facilities by supporting the Dubuque Community School District Board of Education in its pro- posal to Dubuque County vot- ers to authorize a one -percent (1 %) local option sales and services tax for school infra- structure purposes. Seconded by Nicholson. Motion carried 7-0. Gaming Referendum: Buol moved adoption of Resolution No. 585-02 Supporting the referendum on the continua- tion of gaming in Dubuque County, Iowa. Seconded by Nicholson. Motion carried 7- 0. Bee Branch Consultant Selection: City Manager rec- ommending approval of the selection of MSA Professional Services (MSA) as the_ Engineering Consulting Firm to conduct a second study of the Bee Branch Drainage Basin, presented and read. Nicholson moved to receive and file and approve the rec- ommendation. Seconded by Connors. Motion failed due to the following vote: Yeas — Duggan, Nicholson. Nays — Markham, Michalski, Buol, Cline, Connors. Buol moved that Staff bring back the origi- nal plan. Seconded by Connors. Carried by the fol- lowing vote: Yeas —Markham, Michalski, Nicholson, Buol, Cline, Connors. Nays — Duggan. The following was removed from the Agenda: Fiscal Year 2003 Annual Action Plan - Amendment 2. City Manager recommending approval of an amended and restated Fiscal Year 2003 Annual Plan for the City's Community Development Block Grant (CDBG) program. A Resolution Approving an amended and restated Fiscal Year 2003 (Program Year 2002) annual plan for Community Development Block Grant (CDBG) funds The Mayor turned control of the meeting to Mayor Pro-Tem Buol due to possible conflict of interest. Offer to Buy Real Estate and Acceptance - Robert and Lynn Miller and Dubuque Hardwoods, Inc.: City Manager recommending that the City approve the Offer to Buy Real Estate and STATE OF IOWA DUBUQUE COUNTY CERTIFICATION OF PUBL I, Tammy M Feldmann, a Billing Clerk for We Tncxra r•nrnnration n„hlisher of the Telegran H CITY OF DUBUQUE, IOWA COUNCIL PROCEEDINGS OFFICIAL City Council, Monday, October 21, 2002 Council met for Dinner at 5:00 P.M. in the Second Floor Library Rotunda. Council met in Special Session at 5:30 P.M. in the Public Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Connors, Duggan, Markham, Michalski, Nicholson, City Manager Michael Van Milligen, Assistant City Attorney Tim O'Brien. Mayor Duggan read the call and stated this is a special session of the City Council called for the purpose of dis- cussing the design of the pro- posed Public Works facility. Don Vogt, Operations and Maintenance Manager, spoke introducing the committee members in attendance, who were Jon Wallenkamp of Kueny Architects LLC, Bob Green, Water Plant Manager, Mike Brekke of the Water Department, John Klosterman, Street - Maintenance Supervisor, and Rich Russell, Building Department Manager. Jon Wallenkamp then gave a presentation on the proposed facility with Bob Green and Mike Brekke clarifying aspects of the proposed new facility. There being no further busi- ness, upon motion meeting adjourned at 6:09 P.M. /s/ Jeanne F. Schneider, CMC City Clerk CITY OF DUBUQUE, IOWA COUNCIL PROCEEDINGS OFFICIAL City Council, Regular Session, October 21, 2002 Council met in Regular Session at 6:30 P.M. in the Public Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Connors, Markham, Michalski, Nicholson, City Manager Michael Van Milligen, Assistant City Attorney Tim O'Brien. Mayor Duggan read the call and stated this is the Regular Session of the City Council called for the purpose of dis- cussing such matters which may properly come before the City Council. The invocation was given by Sister Dorothy Heiderscheit, President of the Sisters of St. Francis. Proclamations: Childhood Lead Poisoning Prevention Week (October 20 - 26, 2002) received by Mary Rose Corrigan and Michelle Lowe; Red Ribbon Week (October 23 - 31, 2002) received by Aaron Donath and Brett Mueller. CONSENT ITEMS Minutes Submitted: Airport Commission of 9/26; City Council of 10/7; Housing Code Appeals Board of 8/20; Human Rights Commission of 9/9; Long Range Planning Commission of 10/18; Plumbing Board of 10/8; Zoning Advisory Commission of 10/2; Zoning Board of Adjustment of 9/26, upon motion received and filed. Proofs of publication of City Council Proceedings of 9/26 and List of Claims and Summary of Revenues for month ending August 31, 2002, upon motion received and filed. Printed City Council Official Proceedings for August, 2002, upon motion approved as printed. Finance Director submitting the City of Dubuque Financial Reports for the month ending September 30, 2002, upon motion received and filed. Notice of Claims/Suits: American Trust and Savings Bank for property damage; Paul Beyer for property dam- age; Hartig Drug Company for property damage; Nancy M. and Lynn J. Kalina for person- al injury; Mike Kilcoyne for property damage; Garry Swank for property damage, upon motion referred to the Legal Staff for investigation and report. Corporation Counsel advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: American Trust and Savings Bank for property damage and Garry Swank for property and filed and referred to the City Manager. United States Department of the Interior: Communication from the United States Department of the Interior advising that the City's appli- cation for a Fiscal Year 2002 Save America's Treasures Historic Preservation Fund grant for the Dubuque Shot Tower was not selected for funding, upon motion received and filed. International Total Services, Inc.: Communication from Scott E. Brewer, International Total Services, Inc., advising that they have been required to cease its pre -board screen- ing services at the Dubuque Municipal Airport as the Federal government will be taking over this operation, upon motion received and filed. Tower Hills Drive: Communication from Thomas, J. Straka, representing Brian Feldman, notifying the City that Mr. Feldman has denied a request from Ed Tschiggfrie to relinquish his private drive at the end of Tower Hills Drive in Key West to the City for the purpose of making it a public street and requesting that he be notified if this subject comes before the City Council, upon motion received and filed. Dubuque County Board of Supervisors: Communication from Donna L. Smith, Dubuque County Board of Supervisors, advising that they have adopted the proposed Comprehensive Land Use Development Plan and Future Land Use Development Map, upon motion received and filed. Mediacom: Communication from Mediacom Communications Corporation advising of a channel line-up change, upon motion received and filed. Fitz Place - Plat of Survey: Zoning Advisory Commission recommending approval of the Plat of Survey of Lots 1 through 5 of Fitz Place, locat- ed at 3232 Sheridan Road, at the request of John Fitz, upon motion received and filed. Michalski moved adoption of Resolution No. 557-02 Approving the Plat of Survey of Lots 1 through 5 of Fitz Place. Seconded by Nicholson. Motion carried 7- 0. Northrange Industrial Park No. 3 - Plat of Survey: Zoning Advisory Commission recom- mending approval of the Plat of Survey of Northrange Industrial Park No. 3, located on Pennsylvania Avenue, at the request of Steve Smith, upon motion received and filed. Michalski moved adop- tion of Resolution No. 558-02 Approving the Plat of Survey of Northrange Industrial Park No. 3 in the City of Dubuque, Iowa. Seconded by Nicholson. Motion carried 7- 0. Downtown Master Plan - American Architectural Foundation for Public Outreach Grant Application: City Manager recommending approval of a $3,000 American Architectural Foundation grant application for public outreach education programs to intro- duce the Downtown Master Plan to the Dubuque commu- nity, upon motion received and filed. Michalski moved adop- tion of Resolution No. 559-02 Approving the submittal of an application for American Architectural Grant Funding - Public Outreach for the Downtown Master Plan. Seconded by Nicholson. Motion carried 7-0. Subgrantee Agreement with Dubuque County Historical Society: City Manager recom- mending approval of a Subgrantee Agreement with the Dubuque County Historical Society for the National Scenic Byways Grant for design and construction of exhibits for the Great River Road Interpretive Center, upon motion received and filed and approved recom- mendation. Jaeger Heights No. 2 - Phase Two: City Manager recom- mending acceptance of the_ public improvements in Jaeger Heights No. 2 - Phase Two which the developer, Lloyd S. Gudenkauf, has recently com- pleted, upon motion received and filed. Michalski moved adoption of Resolution No. 560-02 Accepting improve- ments in Jaeger Heights No. 2 - Phase Two. Seconded by Nicholson. Motion carried 7- 0. Cooperative Agreement for EPA Grant: City Manager rec- ommending approval of a Cooperative Agreement with the Environmental Protection Agency (EPA) for a Brownfields Assessment Demonstration Pilot Program in the amount of $200,000 to complete Phase I and Phase 11 environmental assessments in the Port of Dubuque, upon motion received and filed. Michalski moved adoption of Resolution No. 561-02 Approving a Cooperative Agreement with the Environmental Protection Agency for the Brownfields Assessment Demonstration Pilot Program for environmen- tal assessments in the Port of Dubuque. Seconded by Nicholson. Motion carried 7- 0. Fourth Street Parking Ramp Project: City Manager recom- mending acceptance of the Fourth Street Parking Ramp Construction Project as com- pleted by Conlon Construction, in the final con - renewal of a ncense to Sell Cigarettes and Cigarette Papers in the City of Dubuque to Cooper Management LLC and Resolution No. 566-02 Granting the issuance of a Class "C" Beer/Liquor License to Bridge Restaurant and Scandals; Special Class "C" Liquor License to Grape Harbor; and Class "B" Wine Permit to Family Mart. Seconded by Nicholson. Motion carried 7-0. ITEMS TO BE SET FOR PUBLIC HEARING City Hall Annex Roof Replacement Project: City Manager recommending initia- tion of the bidding process for the City Hall Annex Roof Replacement Project and set- ting a public hearing for November 18, 2002, upon motion received and filed. Michalski moved adoption of Resolution No. 567-02 Preliminary approval of plans and specifications; Resolution No. 568-02 Fixing date of hearing on plans and 'specifi- cations for 11/18/02 at a meet- ing to commence at 6:30 P.M. in the Public Library auditori- um and that the City Clerk publish notice in the manner prescribed by law and Resolution No. 569-02 Ordering bids. Seconded by Markham. Motion carried 7-0. Port of Dubuque Land Sale: City Manager recommending that a public hearing be set for November 25, 2002 to consid- er the sale of property in the Port of Dubuque to Dubuque Initiatives, upon motion received and filed. Michalski moved adoption of Resolution No. 570-02 (1) Approving the minimum requirements, com- petitive criteria, offering proce- dures for disposition of certain urban renewal property; (2) determining that the Offer to Buy Real Estate and Acceptance submitted by Dubuque Initiatives satisfies the offering requirements and declaring the intent of the City to sign the Offer to Buy Real Estate and Acceptance with Dubuque Initiatives in the event that no competing pro- posals are submitted, and (3) soliciting competing proposals and further setting this for Public Hearing on 11/25/02 at a meeting to commence at 6:30 P.M. in the Public Library auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Markham. Motion carried 7-0. ARC Urban Revitalization Plan: City Manager recom- mending rejection of a request from Area Residential Care to create a new Urban Revitalization District and that this item not be set for. public hearing on November 4, 2002 to consider designating the ARC Urban Revitalization District and communication from the Long Range Planning Commission regarding the ARC Urban Revitalization Plan, upon motion received and filed. Jon Romaine, representing Area Residential Care, spoke in favor of the designation of an Urban Revitalization District, stressing its necessity for this project which would give more independence to the ARC residents. Elena Welsh, of Burns and Burns Architects, spoke requesting this designation and clarifying the financing gap of $33,000. Buol moved adoption of Resolution No. 571-02 Finding that the designation of the ARC Urban Revitalization Plan is necessary in the inter- est of the public health, safety and welfare of the residents of the City of Dubuque, lowa and providing for a public hearing thereon and further setting this for Public Hearing on 11/4/02 at a meeting to commence at 6:30 P.M. in the Public Library auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Markham. Carried by the following vote: Yeas —Markham, Michalski, Nicholson, Buol, Connors. Nays —Duggan, Cline. BOARDS/COMMISSIONS Appointments to the follow- ing Commission: Housing Commission (One 3- year unexpired term through 8/17/04 and one 3-year term to expire 8/17/05). Applicant: William D. Helling. Upon motion Mr. Helling appointed to the term to expire 8/17/05. PUBLIC HEARINGS Upon motion the rules were suspended to allow anyone present to speak. At the request of the appli- cant the following item was removed from the Agenda: Garfield Avenue and Stafford Street Rezoning Request. Proof of publication on notice of hearing to consider rezoning property located at the corner of Garfield Avenue and Stafford Street from R-2A Alternate Two -Family Residential District to R-4 Multi -Family Residential District at the request of Jay Winger/Winger Construction and Zoning Advisory Commission recommending denial and an Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at the corner of Garfield Avenue and Stafford Street from R-2A Alternate Two -Family Residential District to R-4 Multi -Family Residential District. University of Dubuque Institutional District: Proof of publication on notice of hear- MOTIon cameo r-u. -- Grandview Avenue United Methodist Church: Proof of publication on notice of hear- ing to consider a voluntary annexation request from Grandview Avenue United Methodist Church and City Manager recommending approval and proof of publica- tion on notice of hearing to consider rezoning property located southwest of John Wesley Drive and north of Asbury Plaza from County A-1 Agricultural to CS Commercial Service and Wholesale District, concurrent with approval of a voluntary annex- ation request, and Zoning Advisory Commission recom- mending approval, upon motion received and filed. Mac Klingler, 11696 King Arthur Ct., spoke in support. Ordinance No. 85-02 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located southwest of John Wesley Drive and north of Asbury Road from Dubuque County A-1 Agricultural District to City of Dubuque CS Commercial Service and Wholesale District, concurrent with annexation, 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. Motion carried 7- 0. Buol moved adoption of Resolution No. 572-02 Annexing certain property. Seconded by Nicholson. Motion carried 7-0. Radford Road - Request to Rezone: Proof of publication on notice of hearing to consid- er rezoning property located on Radford Road from C-2 Neighborhood Shopping Center District to PC Planned Commercial District at the request of Patricia Friedman/Radford Road Development and Zoning Advisory Commission recom- mending approval and com- munication from Mary Janice Giesler requesting that side- walks be installed on Radford Road, upon motion received and filed. Patricia Friedman spoke in favor of the proposed rezon- ing. Ordinance No. 86-02 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located on Radford Road from C-2 Neighborhood Shopping Center District to PUD Planned Unit Development District with a PC Planned Commercial District designation, presented and read. Buol 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 by Nicholson. Motion carried 7- 0. Bond Sale to Support Water Projects: Proof of publication on notice of hearing to consid- er the sale of General Obligation Bonds in an amount not to exceed $3,300,000 to support the new water tower and water main along the Northwest Arterial and City Manager recommending approval, upon motion received and filed. Markham moved adoption of Resolution No. 573-02 Instituting pro- ceedings to take additional action for the issuance of not to exceed $3,300,000 General Obligation Bonds. Seconded by Buol. Motion carried 7-0. Bond Sale to Refund $3,100,000 General Obligation Bonds: Proof of publication on notice of hearing to consid- er the sale of General Obligation Bonds in an amount not to exceed $650,000 for the purpose of refunding $3,100,000 General Obligation Bonds and City Manager rec- ommending approval, upon motion received and filed. Markham moved adoption of Resolution No. 574-02 Instituting proceedings to take additional action for the issuance of not to exceed $650,000 General Obligation Bonds and Resolution No. 575-02 Directing the adver- tisement for sale of $3,110,000 General Obligation Bonds, Series 2002C. Seconded by Michalski. Motion carried 7-0. Northwest Arterial Watermain Extension Project: Proofs of publication on notice of hear- ing and notice to bidders on the receipt of bids for the Northwest Arterial Watermain Extension Project and City Manager recommending award of the contract to Tschiggfrie Excavating in the contract amount of $887,683.35, upon motion received and filed. Cline moved adoption of Resolution No. 576-02 Adopting plans and specifications and Resolution No. 577-02 Awarding contract to Tschiggfrie Excavating of Dubuque, Iowa for the con- struction of approximately 17,140 feet of 16 inch ductile iron watermain with acces- sories along the Northwest Arterial starting at the intersec- tion of Highway 20 and contin- uing to the northeast to John F. Kennedy Road and for the l.,llne rnoveu duo Resolution No. 580-02 Adopting plans and specifica- tions and Resolution No. 581- 02 Awarding contract to Drew Cook & Sons for the construc- tion of approximately 1,700 feet of 12 inch ductile iron watermain with accessories along the north side of Old U.S. Highway 20 starting at the intersection of Radford Road and Old Highway 20 continu- ing to the west. Seconded by Nicholson. Motion carried 7- 0. Ice Harbor Retention Basin Pump Improvement Project: Proofs of publication on notice of hearing and notice to bid- ders on the receipt of bids for the Ice Harbor Retention Basin Pump Improvement Project and City Manager recom- mending award of the contract to M-Z Construction, upon motion received and filed. Michalski moved adoption of Resolution No. 582-02 Approval of plans and specifi- cations and Resolution No. 583-02 Awarding contract. Seconded by Cline. Motion carried 7-0. Upon motion the rules were reinstated limiting discussion to the Council. ACTION ITEMS Convention and Visitors Bureau: Request of Sue Czeshinski, Convention and Visitors Bureau, to give an oral report of Bureau activities dur- ing the first quarter of Fiscal Year 2003, upon motion received and filed. Sue Czeshinski gave a verbal report. Local Option Sales and Services Tax - Dubuque Community School District: Michalski moved adoption of Resolution No. 584-02 Recognizing the importance of adequate school facilities by supporting the Dubuque Community School District Board of Education in its pro- posal to Dubuque County vot- ers to authorize a one -percent (1 %) local option sales and services tax for school infra- structure purposes. Seconded by Nicholson. Motion carried 7-0. Gaming Referendum: Buol moved adoption of Resolution No. 585-02 Supporting the referendum on the continua- tion of gaming in Dubuque County, Iowa. Seconded by Nicholson. Motion carried 7- 0. Bee- Branch Consultant Selection: City Manager rec- ommending approval of the selection of MSA Professional Services (MSA) as the Engineering Consulting Firm to conduct a second study of the Bee Branch Drainage Basin, presented and read. Nicholson moved to receive and file and approve the rec- ommendation. Seconded by Connors. Motion failed due to the following vote: Yeas — Duggan, Nicholson. Nays — Markham, Michalski, Buol, Cline, Connors. Buol moved that Staff bring back the origi- nal plan. Seconded by Connors. Carried by the fol- lowing vote: Yeas —Markham, Michalski, Nicholson, Buol, Cline, Connors. Nays — Duggan. The following was removed from the Agenda: Fiscal Year 2003 Annual Action Plan - Amendment 2. City Manager recommending approval of an amended and restated Fiscal Year 2003 Annual Plan for the City's Community Development Block Grant (CDBG) program. A Resolution Approving an amended and restated Fiscal Year 2003 (Program Year 2002) annual plan for Community Development Block Grant (CDBG) funds The Mayor turned control of the meeting to Mayor Pro-Tem Buol due to possible conflict of interest. Offer to Buy Real Estate and Acceptance - Robert and Lynn Miller and Dubuque Hardwoods, Inc.: City Manager recommending that the City approve the Offer to Buy Real Estate and Acceptance for property on the Fourth Street Peninsula owned by Robert and Lynn Miller and Dubuque Hardwoods, Inc., upon motion received and filed and approved recommendation. Mayor Duggan resumed con- trol of the meeting. At 8:14 P.M. upon motion it was resolved to go into Closed Session re: Property Acquisition - Chapter 21.5(1)0) 2001 Code of Iowa. At 8:30 P.M. Council recon- vened Regular Session stating that staff had been given prop- er direction. There being no further busi- ness, upon motion meeting adjourned at 8:31 P.M. /s/ Jeanne F. Schneider, CMC City Clerk 1 t 10/30 STATE OF IOWA DUBUQUE COUNTY CERTIFICATION OF PUI I, Tammy M Feldmann, a Billing Clerk for Iowa corporation, publisher of the Telegrapl: circulation published in the City of Dubuque Iowa; hereby certify that the attached notice the following dates: October 30, 2002, and f Subscribed to before me, a Notary Public in this //a. day of'--7j ,6,.,„,A,_z, Notary Public al ig Class "C" Beer/Liquor License to Bridge Restaurant and Scandals; Special Class "C" Liquor License to Grape Harbor; and Class "B" Wine Permit to Family Mart. Seconded by Nicholson. Motion carried 7-0. ITEMS TO BE SET FOR PUBLIC HEARING City Hall Annex Roof Replacement Project: City Manager recommending initia- tion of the bidding process for the City Hall Annex Roof Replacement Project and set- ting a public hearing for November 18, 2002, upon motion received and filed. Michalski moved adoption of Resolution No. 567-02 Preliminary approval of plans and specifications; Resolution No. 568-02 Fixing date of hearing on plans and'specifi- cations for 11/18/02 at a meet- ing to commence at 6:30 P.M. in the Public Library auditori- um and that the City Clerk publish notice in the manner prescribed by law and Resolution No. 569-02 Ordering bids. Seconded by Markham. Motion carried 7-0. Port of Dubuque Land Sale: City Manager recommending that a public hearing be set for November 25, 2002 to consid- er the sale of property in the Port of Dubuque to Dubuque Initiatives, upon motion received and filed. Michalski moved adoption of Resolution No. 570-02 (1) Approving the minimum requirements, com- petitive criteria, offering proce- dures for disposition of certain urban renewal property; (2) determining that the Offer to Buy Real Estate and Acceptance submitted by Dubuque Initiatives satisfies the offering requirements and declaring the intent of the City to sign the Offer to Buy Real Estate and Acceptance with Dubuque Initiatives in the event that no competing pro- posals are submitted, and (3) soliciting competing proposals and further setting this for Public Hearing on 11/25/02 at a meeting to commence at 6:30 P.M. in the Public Library auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Markham. 3 Motion carried 7-0. ARC Urban Revitalization Plan: City Manager recom- mending rejection of a request from Area Residential Care to create a new Urban Revitalization District and that this item not be set for public hearing on November 4, 2002 2 to consider designating the y ARC Urban Revitalization District and communication from the Long Range Planning y Commission regarding the - ARC Urban Revitalization Plan, upon motion received and - filed. Jon Romaine, representing c Area Residential Care, spoke is in favor of the designation of an Urban Revitalization n District, stressing its necessity nt for this project which would h give more independence to D- the ARC residents. er Elena Welsh, of Burns and Burns Architects, spoke d requesting this designation p- and clarifying the financing )2 gap of $33,000. .n Buol moved adoption of an Resolution No. 571-02 Finding that the designation of ie the ARC Urban Revitalization n. Plan is necessary in the inter- n. th al n- est of the public health, safety and welfare of the residents of the City of Dubuque, Iowa and providing for a public hearing thereon and further setting this for Public Hearing on 11/4/02 th ;al rid he ed m- at a meeting to commence at 6:30 P.M. in the Public Library sic auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Markham. Carried by the following vote: Yeas —Markham, Michalski, Nicholson, Buol, Connors. se m- aer Nays —Duggan, Cline. BOARDS/COMMISSIONS he_ Appointments to the follow- ing Commission: wo Housing Commission (One 3- year unexpired term through 8/17/04 and one 3-year term to expire 8/17/05). Applicant: ed ve- William D. Helling. Upon Vo. motion Mr. Helling appointed to the term to expire 8/17/05. 2 PUBLIC HEARINGS Upon motion the rules were suspended to allow anyone present to speak. At the request of the appli- cant the following item was removed from the Agenda: vith Garfield Avenue and Stafford Street Rezoning Request. Proof of publication on notice of hearing to consider rezoning property located at the corner of Garfield Avenue and II Stafford Street from R-2A Alternate Two -Family pon Residential District to R-4 Multi -Family Residential 'of District at the request of Jay -02 Winger/Winger Construction tive the and Zoning Advisory Commission recommending tion denial and an Ordinance ;Ids tion of Amending Appendix A (the Zoning Ordinance) of the City en- of Dubuque Code of Ordinances by reclassifying hereinafter described property d 7- amp om- located at the corner of Garfield Avenue and Stafford Street from R-2A Alternate Two -Family Residential District to R-4 Multi -Family Residential District. om- University of Dubuque Institutional District: Proof of con - publication on notice of hear - m- ed ion ant am e s in lye a r S. r by 7- rt for ec- a t a to led. r i by the amp nlon Granaview Avenue uiutau Methodist Church and City Manager recommending approval and proof of publica- tion on notice of hearing to consider rezoning property located southwest of John Wesley Drive and north of Asbury Plaza from County A-1 Agricultural to CS Commercial Service and Wholesale District, concurrent with approval of a voluntary annex- ation request, and Zoning Advisory Commission recom- mending approval, upon motion received and filed. Mac Klingler, 11696 King Arthur Ct., spoke in support. Ordinance No. 85-02 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located southwest of John Wesley Drive and north of Asbury Road from Dubuque County A-1 Agricultural District to City of Dubuque CS Commercial Service and Wholesale District, concurrent with annexation, 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. Motion carried 7- 0. Buol moved adoption of Resolution No. 572-02 Annexing certain property. Seconded by Nicholson. Motion carried 7-0. Radford Road - Request to Rezone: Proof of publication on notice of hearing to consid- er rezoning property located on Radford Road from C-2 Neighborhood Shopping Center District to PC Planned Commercial District at the request of Patricia Friedman/Radford Road Development and Zoning Advisory Commission recom- mending approval and com- munication from Mary Janice Giesler requesting that side- walks be installed on Radford Road, upon motion received and filed. Patricia Friedman spoke in favor of the proposed rezon- ing.Ordinance No. 86-02 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located on Radford Road from C-2 Neighborhood Shopping Center District to PUD Planned Unit Development District with a PC Planned Commercial District designation, presented and read. Buol 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 by Nicholson. Motion carried 7- 0. Bond Sale to Support Water Projects: Proof of publication on notice of hearing to consid- er the sale of General Obligation Bonds in an amount not to exceed $3,300,000 to support the new water tower and water main along the Northwest Arterial and City Manager recommending approval, upon motion received and filed. Markham moved adoption of Resolution No. 573-02 Instituting pro- ceedings to take additional action for the issuance of not to exceed $3,300,000 General Obligation Bonds. Seconded by Buol. Motion carried 7-0. Bond Sale to Refund $3,100,000 General Obligation Bonds: Proof of publication on notice of hearing to consid- er the sale of General Obligation Bonds in an amount not to exceed $650,000 for the purpose of refunding $3,100,000 General Obligation Bonds and City Manager rec- ommending approval, upon motion received and filed. Markham moved adoption of Resolution No. 574-02 Instituting proceedings to take additional action for the issuance of not to exceed $650,000 General Obligation Bonds and Resolution No. 575-02 Directing the adver- tisement for sale of $3,110,000 General Obligation Bonds, Series 2002C. Seconded by Michalski. Motion carried 7-0. Northwest Arterial Watermain Extension Project: Proofs of publication on notice of hear- ing and notice to bidders on the receipt of bids for the Northwest Arterial Watermain Extension Project and City Manager recommending award of the contract to Tschiggfrie Excavating In the contract amount of $887,683.35, upon motion received and filed. Cline moved adoption_ of Resolution No. 576-02 Adopting plans and specifications and Resolution No. 577-02 Awarding contract to Tschiggfrie Excavating of Dubuque, Iowa for the con- struction of approximately 17,140 feet of 16 inch ductile iron watermain with acces- sories along the Northwest Arterial starting at the intersec- tion of Highway 20 and contin- uing to the northeast to John F. Kennedy Road and for the feet of 12 inch ductile iron watermain with accessories along the north side of Old U.S. Highway 20 starting at the intersection of Radford Road and Old Highway 20 continu- ing to the west. Seconded by Nicholson. Motion carried 7- 0. Ice Harbor Retention Basin Pump Improvement Project: Proofs of publication on notice of hearing and notice to bid- ders on the receipt of bids for the Ice Harbor Retention Basin Pump Improvement Project and City Manager recom- mending award of the contract to M-Z Construction, upon motion received and filed. Michalski moved adoption of Resolution No. 582-02 Approval of plans and specifi- cations and Resolution No. 583-02 Awarding contract. Seconded by Cline. Motion carried 7-0. Upon motion the rules were reinstated limiting discussion to the Council. ACTION ITEMS Convention and Visitors Bureau: Request of Sue Czeshinski, Convention and Visitors Bureau, to give an oral report of Bureau activities dur- ing the first quarter of Fiscal Year 2003, upon motion received and filed. Sue Czeshinski gave a verbal report. Local Option Sales and Services Tax - Dubuque Community School District: Michalski moved adoption of Resolution No. 584-02 Recognizing the importance of adequate school facilities by supporting the Dubuque Community School District Board of Education in its pro- posal to Dubuque County vot- ers to authorize a one -percent (1%) local option sales and services tax for school infra- structure purposes. Seconded by Nicholson. Motion carried 7-0. Gaming Referendum: Buol moved adoption of Resolution No. 585-02 Supporting the referendum on the continua- tion of gaming in Dubuque County, Iowa. Seconded by Nicholson. Motion carried 7- 0. Bee- Branch Consultant Selection: City Manager rec- ommending approval of the selection of MSA Professional Services (MSA) as the Engineering Consulting Firm to conduct a second study of the Bee Branch Drainage Basin, presented and read. Nicholson moved to receive and file and approve the rec- ommendation. Seconded by Connors. Motion failed due to the following vote: Yeas — Duggan, Nicholson. Nays — Markham, Michalski, Buol, Cline, Connors. Buol moved that Staff bring back the origi- nal plan. Seconded by Connors. Carried by the fol- lowing vote: Yeas —Markham, Michalski, Nicholson, Buol, Cline, Connors. Nays — Duggan. The following was removed from the Agenda: Fiscal Year 2003 Annual Action Plan - Amendment 2. City Manager recommending approval of an amended and restated Fiscal Year 2003 Annual Plan for the City's Community Development Block Grant (CDBG) program. A Resolution Approving an amended and restated Fiscal Year 2003 (Program Year 2002) annual plan for Community Development Block Grant (CDBG) funds The Mayor turned control of the meeting to Mayor Pro-Tem Buol due to possible conflict of interest. Offer to Buy Real Estate and Acceptance - Robert and Lynn Miller and Dubuque Hardwoods, Inc.: City Manager recommending that the City approve the Offer tc Buy Real Estate anc Acceptance for property or the Fourth Street Peninsula owned by Robert and Lynr Miller and Dubuque Hardwoods, Inc., upon motor received and filed anc approved recommendation. Mayor Duggan resumed con trol of the meeting. At 8:14 P.M. upon motion I was resolved to go into Closes Session re: Propert Acquisition - Chapter 21.5(1)( 2001 Code of Iowa. At 8:30 P.M. Council recon vened Regular Session statin that staff had been given prop er direction. There being no further bus ness, upon motion meetin adjourned at 8:31 P.M. /s/ Jeanne F. Schneider, CMI City Clerk -It 10/30 g STATE OF IOWA {SS: DUBUQUE COUNTY 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: October 30, 2002, and for which the charge is $270.10. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this /.-e- day o€- Z n-,62 m 21 , 20 e co/ Notary Public in and for Dubuque County, Iowa. MAY K. wesiri MEYER Commission Number 154885 My Comm. Exp. FEB. 1, 2005