Proof Council Minutes 9 15 03areg-
City
Mamia Sola
Stanley Sampson from the
Marshall Islands
_Immigrants Rights Network
(Dubuque Chapter)
who spoke of their home- i
land and their inter~st in~
Dubuque. Police
Pablo Ramlrez s
Minutes
Subrn~ed: Airpol
mission of 8/25; Cit
cil of 9/2, 9/3 and 9/4; Five'
..Flags of 7/21;
Commission of
Huma6 Rights Commission
of 8/18; park and
etlon Commission of 8/12
Proofs
Council
'8/18, 8/19
~-List of Claims and Summa-
ry of Revenues for month
endin
ting the City of Dubuque.
Financiai Reports for the:
month ending August 31,
2003, upon motion
receivnd~nd filed. '
Notice of Claims/SuitS:
Edc Adler for
injury; Steven
vehicle
Criss for
Paula Marter~s fl
for ~
ty damage, upon motion,
Cretsrred to the Legal Steff
for investigation and
reporL
~mage be referred
elco, Inc. and that
and concurred.
..that the F'ma~ce Director
issue payment,
motion received and
, and concurred
dents and
and the First and Second
Street Connector beth!
closed for The
Dublin's Irish
and referred to the Cit
Dubuque employees
and ~pproved recommen-
k[ voice~ concern ~s to
Turn'urn,at me[~
Cid U.S. Highway
· City
tactic
Buai moved adoption
Resolution No.
Approving final
amount of
~SMeconded by
orion carried 7-0.
H arv .es.t ~Dev.eJ o~ ~nen. t
STATE OF IOWA
DUBUQUE COUNTY
{SS:
~I~DTTI~TI'~ A TTf~N to'lq' PURl' ,TfqATTON
CITY OF DUBUQUE,
IOWA
COUNCIL
PROCEEDINGS
OFFICIAL
City Council, Regular Ses-
sion, September 15, 2003
Council met in Regular
Session at 6:30 P.M. in the
;Library Auditorium
Present: Mayor Duggan,
Council • Members Buol,
Cline, Connors, Markham,
Michalski, Nicholson, City
Manager Michael Van Milli-
gen, Corporation Counsel
Barry Lindahl.
Mayor Duggan read the
call and stated this is a reg-
ular session of the City
Council called for thepur-
pose of discussing such
matters which may proper-
ly come before the City
Council.
Invocation was given by
Alan Garfield, President,
Temple Beth -El.
Proclamations: Crop Walk
Day in Dubuque (October
5, 2003) received by Wen-
dell Ryder; and Trick or
Treat Night (October 31,
2003).
Marcia Sola introduced
Stanley Sampson the
MarshallIslandsom
and
Gabriela Vega who are rep-
resentative members of the
-Immigrants Rights Network
(Dubuque Chapter) and
who spoke of their home-
land and their interest in
Dubuque. Police Officer
Pablo Ramirez spoke also.
Minutes and Reports
Submitted: Airport Com-
mission of 8/25; City Coun-
cil of 9/2, 9/3 and 9/4; Five
, Flags of 7/21; Housing
Commission of 7/22;
Human Rights Commission
of 8/18; Park and Recre-
ation Commission of 8/12,
upon motion received and
filed.
Proofs of publication of
Council Proceedings of
8/1, 8/19 and 8/21; and
-ListBof Claims and Summa-
ry of Revenues for month
ending July 31, 2003, upon
motion
led.
Fi Finance Director submit-
tinglthe City of Dubuque
Financial Reports for the
month ending
31,
2003, upon motion
received and filed.
Notice of Claims/Suits:
Eric Adler for personal
injury; Steven Bruse for
vehicle damage; Mary
Criss for personal injury;
Paula Martens for
property
damage; CharlesL.
for personal injury; Univer-
sity of Dubuque for proper-
ty damage, upon motion
referred to the Legal Staff
for investigation and
report.
Corporation Counsel
advising that the following
claims have been RSe
r-
vices referred
to Public Entity er-
vices of Iowa, the agent
for
the Iowa Communities
Assurance Pool: Eric Adler
r for personal injury, Uvet-
sity of Dubuque for proper-
ty ty damage, upon
received and filed and con-
curred.
Corporation Counsel rec-
ommending that the claim
of Brent Garbett for vehicle
damage be referred to
Selco, Inc. and that the
claim of Steven Bruse for
vehicle damage be referred
to Drew Cook & Sons
Excavating, Inc., upon
motion received and filed
and concurred.
Corporation Counsel rec-
ommending settlement of
the claim of Valerie McNal-
ly for vehicle damage
that the Finance Director
issue payment, upon
motion received
iled
and concurred and
land
Finance Director to issue
proper payment.
Citizen Communications:
Communications from resi-
dents and property owners
on Lower Main Street in
opposition to portions of
Main Street and First Street
and the First and Second
Street Connector being
closed for The Little
Dublin's Irish Fest, upon
motion and referred tothe Gi filed
Manager.
Employee Assistance
,.Program Services: City
Manager recommending
approval of an agreement
with Mercy Medical r
to provide employee
assis-
tance services to City of
rieisuaue employees and
June 30, 2005, upon
_motion received and filed
and approved recommen-
dation.
Northwest Arterial Water
Main Extension Project --
Acceptance: City Manag-
er recommending accep-
tance of the Northwest
Arterial Water Main Exten-
sion Project in the final
-contract amount of
$891,605.57 as completed
by Tschiggfrie Excavating,
upon motion received and
filed. Buol moved adoption
of Resolution No. 313-03
Accepting improvement
and Resolution No, 314-03
Approving final contract
amount of $891,605.57.
/Seconded by Nicholson.
Motion carried 7-0.
Old U.S. Highway 20
Water Main Phase II Exten-
sion Project - Acceptance:
City Manager recommend-
ing acceptance of the Old
U.S. Highway 20 Water
Main Phase II Extension
Project in the final contract
/amount of $94,121.38 as
completed by Drew Cook
& Sons Excavating, upon
motion received and filed.
City Manager advising that
Eagle Window and Door,
Inc. has complied with the
Job Attainment Goal of the
Public Infrastructure Assis-
tance Program (PIAP) and
recommending that thhey
be released from any
fur-
ther obligations under the
Loan Agreement with the
City of Dubuque, upon
motion received and filed.
Buol moved adoption of
Resolution No. 319-03
Certifying Eagle Window
and Door, Inc. compliance
with a Public Infrastructure
Assistance Program Loan
Agreement between Eagle
Window and Door, Inc. and
the ue, Iowa,
Seconded by Nicholson. of
Motion carried 7-0.
Giese Manufacturing -
Certificate of Completion:
Cityapproval
p rovval of a Certifi-
cate -
recommend-
ing
cote of Completion for the
Giese Manufacturing pro-
ject in the Dubuque Indus-
trial Center West acknowl-
edging completion of their
obligations stipulated in
the Development Agree-
ment, upon
received and flied and
approved recommenda-
tion.
Consolidated Annual Per-
formance and Evaluation
Report (CAPER): City Man-
ager recommending
approval of the Consolidat-
ed Annual Performance
and Evaluation Report
(CAPER) for the period of
July 1, 2002 through June
30, 2003, upon motion
received and filed. Buol
moved adoption of Resolu-
tion No. 320-03 Authoriz-
ing the submission of a
Consolidated Annual Per-
formance and Evaluation
Project (CAPER) for the
period commencing July 1,
2002 and concluding June
30, 2003. Seconded by
Nicholson. Motion carried
7-0.
Cedar Ridge Farm Place
No. 4: City Manager rec-
ommending acceptance of
the public improvements
completed by the develop-
er, Nemmers Cedar Ridge
Farm Limited Partnership,
in Cedar Ridge Farrn Place
No. 4, upon 'motion
received and filed. Buol
moved adoption of Resolu-
tion No. 321-03 Accepting
improvements In Cedar
Ridge Farm Place NoNic4.
holson.
4.
Seconded by
Motion carried 7-0.
Street Finance Report:
City Manager recommend-
ing approval of the City of
Dubuque's Fiscal Year
2003 Street Finance
Report for submittal
o e
Iowa Departmentmotion
Trans-
portation, upon
received and filed. Buol
moved adoption of Resolu-
tion No. 322-03 Approving
the City of Dubuque Fiscal
Year 2003 Street Finance
Report. Seconded by
Nicholson. Motion carried
7-0.
Police Department
Accreditation: City Manag-
er recommending approval
for the Police Department
to continue voluntary par-
ticipation with the Com-
mission on Accreditation
for Law Enforcement
Agencies in pursuit of reac-
creditation in 2004, upon
motionreceived
drecommen-
d filed
and approved
Meetings prior to the meet-
lygat pa final-
pit assedsuspended
and further moved final
consideration and passage
of the Ordinance. Second-
ed by Michalski. Motion
carried 7-0. Buol moved
adoption of Resolution No.
327-03 01 intent to dispose
of City interest in Lot 1A
of
part of South Way in
lock
10 in Westchester Subdivi-
sion in the City of
Dubuque, Iowa and further
set this for Public Hearing
on 10/6/03 at 6:30 P.M. in
the public library auditori-
um and that the City Clerk
publish notice in the man-
ner prescribed by iclaw.
.
Seconded by Michalski.
Motion carried 7-0.
Subordination Agreement
- Premier Bank: CityMan-
ager recommending that a
public hearing be set for
October 6, 2003 to consid-
er approval of a Subordina-
tion Agreement with Pre-
mier Bank related to the
City's mortgage dinterest est in
property
-
123 Main Street, upon
motion received and filed.
Buol moved adoption of
Resolution No. 328-03
Declaring the intent ofathe
e
City of Dubuque,
subordinate a mortgage
interest in certain real
estate and set this for pub-
lic hearing on 10/6/03 at a
meeting to commence at
6:30 P.M. in the public
library auditorium and that
the City Clerk publish
notice in h
pre-
scribed byylaw. Seconded
by Michalski. Motion car-
ried 7-0. Chemical Comp Wall
Compound dWall
and Roof Replacement
Project City Manager rec-
ommending initiation of the
bidding process
Chemical Compound Wall
and Roof Replacement
Project at the Eagle Point
Water Plant and that a
public hearing be set for
October 20, 2003, upon
motion received and filed.
Buol moved adoption of
Resolution Napproval-03 Pre-
ofplans
and cry fie and specifications;
Reso-
lution No. 330-03n Fixing
date of hearing o
s
and specifications for
10/20/03 at 6:30 P.M. in
the public library auditori-
um and that the City Clerk
publish notice in the
man-
ner prescribed by law and
Resolutionbids.Seconded No.
Ordering
by Michalski. Motion car-
ried 7-0.
Eagle Point Water Plant
ADA Renovation: City
Manager recommending
initiation of the bidding
process for the ADA Reno-
vation Project at the Eagle
Point Water Plant and that
a public hearing be set for
October 20, 2003, upon
motion received and filed.
Buol moved adoption of
Resolution No. 332-03
Pre-
liminary approval of plans
and specifications; Reso-
lution No. 333-03 Fixing
date of hearing on plans
and specifications for
10/20/03 at a meeting to
commence 6:30 P.M. in the
public library auditorium
and that the City Clerk
publish notice in the man-
ner prescribed by law and
Resolution
orderringingbids. Seconded
Ord
. i„i igj alski. Motion car -
Acceptance of Cult Claim
Deed: City Manager rec-
ommending acceptance of
a quit claim deed for Lot 11
of Medical Associates
Subdivision #2 from Med-
ical Associates, upon
motion received and filed.
Buol moved adoption of
Resolution No. 323-03
Accepting a conveyance of
Lot 11 of Medical Associ-
ates Subdivision No. 2 in
the City of Dubuque,
Dubuque, Iowa. Seconded
by Nicholson. Motion car-
ried 7-0.
Senator John C. Culver
Floodwall Recognition
Plaque: City Manager rec-
ommending approval of
the wording for the Senator
John C_ Culver Plaque
which is to be located near
the floodwall on the River's
Edge Plaza, upon motion
received and filed and
approved recommenda-
tion.
Grand River Center Dedi-
cation Plaque: City Man-
ager recommending
approval of the wording for
the dedication plaque for
the Grand River Center,
„nnn mntinn raraivarl an
Chestnut Street Recon-
struction Project - Initiate:
City Manager recommend-
ing initiation of the bidding
process for the Chestnut
Street Reconstruction Pro-
ject and that a public hear-
ing be set for October 6,
2003. upon motion
received and filed. Buol
moved adoption of Resolu-
tion No. 335-03 Preliminary
approval of plans and
specifications; Resolution
No. 336-03 Fixing date of
hearing on plans and spec-
ifications; Resolution No.
337-03 of Necessity; Res-
olution No. 338-03 Fixing
date of hearing on Resolu-
tion of Necessity for
10/06/03 at a meeting to
commence at 6:30 P.M. in
the public library auditori-
um and that the City Clerk
publish notice in the man-
ner prescribed by law,
Resolution No. 339-03
Approving Preliminary
Schedule of Assessments
and Resolution No. 340-03
Ordering bids. Seconded
by Michalski. Motion car-
ried 7-0.
Four Mounds Estate His -
District' Historic
and read. Markham moved
that the requirement that a
proposed Ordinance be
considered and voted on
for passage
t two Council
Meetings prior to the meet-
ing ing at which it is to be final-
ly passed be suspended
and further moved final
consideration and passage
of the Ordinance. Sec-
onded by Connors. Motion
carried 7-A.
University Avenue Recon-
struction and Patching
Project: Proof of publica-
tion on notice of hearing on
the plans and specifica-
tions and the Resolution of
Necessity for the University
Avenue Reconstruction
and Patching Project and
City Manager recommend-
ing approval, upon motion
received and filed.
Jerry Maro, 10358 Timo-
thy, as the owner of rental
property on University,
objected to the proposed
120 days of construction
which would negatively
impact his tenants. Coun-
cil Member Cline request-
ed that the University Ave.
reconstruction and Chest-
nut St. reconstruction not
be done at the same time
as it would seriously impair
parking and traffic in that
area.
Cline moved adoption of
Resolution No. 341-03
Adopting plans
speci-
fications and Resoo
No. 342-03 With respect to
the adoption of the Resolu-
tion of Necessity proposed
for the University Are ue
Reconstruction
ct
form Delhi to Alta Vista and
the University Avenue
patching Project from Alta
Vista to Spruce Street.
Seconded by Nicholson.
Motion carried 7-0.
In -Line Skate Rink
P
ject: Proof of publication
on notice of hearing
on
ne
plans and specifications
and notice to bidders for
the In -Line Skate Rink Pro-
ject and City Manager rec-
ommending award of the
contract to Fondell titan
received
vating, upendofiled.
Markham moved adoption
of Resolution a . 343-03
Adopting plans
speci-
fications and Resolution
No. 344-03 Awarding con-
tract. Seconded by Cline.
Motion carried 7-0.
Upon motion the rules
were reinstated limiting
discuACTIONto the
T MSncil.
Bond Sale to Support
Stormwater Projects: City
Manager advising that the
sale of $2,110,000 General
Obligation Bonds to sup-
port stormwater projects
was scheduled for11:00
a.m., Monday, Sept
er
15, 2003, upon motion
received and filed.
Mr. David Dirks, of the
City's financial advisory
firm, spoke positively of the
City's improved financial
rating. Cline moved adop-
tion of Resolution No. 345-
03 Directing sale of the
bonds. Seconded by
Markham. Motion carried
7-0.
Historic Preservation
Commission: Historic
Preservation Commission of
recommending app
an amendment to the His-
toric Preservation Ordi-
nance to increase the
membership of the Com-
mission to nine members
by adding two additional
at -large members, upon
motion received and filed.
Council Member Michals-
ki voiced concern as to
obtaining a quorum at their
meetings.
Christopher Wand, Chair
of the Historic Preservation
Commission, spoke clarify-
ing that these additional At
Large positions would help
with a quorum.
Ordinance No. 74-03
Amending the City of
Dubuque Code of Ordi-
nances Chapter 25 Historic
Preservation, Section 25-3
Historic Preservation Com-
mission Established; Mem-
bership; Term of Office;
Vacancies in Office, pre-
sented and read. Buol
moved that the require-
ment that a proposed Ordi-
nance be considered and
voted on for passage 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
passage of the Ordinance.
Seconded by Connors.
Motion -0.
Callahancarried Subdivision:
Manager reco7mmendinCityg
approval of a request from
Ordinances be considered
and voted on for passage
at two Council Meetings
prior to the meeting at
which they are to be finally
passed be suspended and
further moved final consid-
eration and passage of the
Ordinances. Seconded by
Markham. Motion carried
7-0.
Eagle Valley Subdivision -
Final Plat: City Manager
er
the finale recommending
Pots 1 - 4
the final p
and Lots A-B of Block 5,
inclusive, of Eagle Valley
Subdivision, upon motion
received and filed.
Markham moved adoption
of Resolution No. 346-03
Approving the final plat of
Lots 1-4, inclusive,
and
Lots A-B, inclusive,
Block 5 of Eagle Valley
Subdivision, in the City of
Dubuque, Iowa. Seconded
by Connors. Motion carried
7-0.
Acquisition and Demoli-
tion of 1650 Old Mill Road:
City Manager recommend-
ing submittal of an amend-
ed request to the Iowa
Emergency Management
Division to acquire a non-
residentiale
tyat 1650 Old Mill
property
Read and to authorize the
City Manager to negotiate
a lease agreement for
o
vacant property located at
1695 Old Mill Road, 1699
Old Mill Road, 1620 Old
Mill Road and 1650 motionldil
Road, upon
received and filed and
approved recommenda-
tion.
Pier Wall Signage and.
Refuse
Collection (
Vis-
iting Boats:City Manager
of
recommending approval
additional, sgnage at the
transient boat docks along
the sheet pile wall at the
Mississippi Riverwalk and
further recommending that
•
visiting passenger boats be
required to have a truck
haul their refuse
w
immediately instead f
leaving a large refuse con-
tainer at the American
Trust River's Edge Plaza,
upon motion recom-
and
mendation.
and approved
At 7:43 P.M. upon motion.
it was resolved to go into
Closed Session re: Proper-
ty Acquisition
ter
21.5(1)(i) 2003 Code of
Iowa.
At 8:41 Council recon-
vened Regular Session
stating that proper direc-
tion had been given.
There being no motionfurther
business, upon
meeting adjourned at 8:42
P.M.
Is/ JCMCe F. , City Clerkder,
'It 9/24
cT Arr n1 raw
'ss for personal-F ry
ula Martens for property approval of the Consolidat lid heating on' 10/6/03'at a
mage; Charles L. Miller ed Annual Performance meeting to commence at
r persona! injury; Univer- and Evaluation Report 6:30 P.M. in the public
ty of Dubuque for proper- (CAPER) for the period
June of ltibrary
a Ca auditorium
andbl publish
that
damage, upon motion July 1, 2002 through
ferred to the Legal Staff 30, 2003, upon motion notice in the manner pre -
investigation and received and moved adoptioniof Resoluled. - bynMchalski. Motion car-
Sby law.
econded
Corporation Counsel tion No. 320-03 Authoriz- ried 7-0.11
dvising that the following ing the submission of a Chemical Compound
eat
!aims have been referred Consolidated Annual Per- and Roof Repu
o Public Entity Risk Ser- formance and Evaluation Project: City Manager -rec-
ices of Iowa, the agent for Project (CAPER) for the ommending initiation of the
he lowa Communities period commencing July 1, bidding process tor the
surance Pool: Eric Adler 2002 and concluding June Chemical Compound Wall
or personal injury, Univei'- 30, 2003. Seconded by and Roof Replacement
ity of Dubuque for proper- Nicholson. Motion carried Water Plant at the ande t Point
a
damage, upon motion 7-0.
received and filed and con- Cedar Ridge Farm Place public hearing be set for
curved. No. 4: City Manager rec- October 20, 2003, upon
Corporation Counsel rec- ommending acceptance of motion received and filed.
ommending that the claim the public improvements Buol moved adoption of
of Brent Garbett for vehicle completed by the develop- Resolutin No.32 9o-3 Pre -
damage plans
e-
damage be referred to er, Nemmers Cedar Ridge liming approval
Selco, Inc. and that the Farm Limited Partnership, and specifications; Reso-
claim of Steven Bruse for in Cedar Ridge Farm Place lution No. 330-03 Fixing
vehicle damage be referred No. 4, upon ;motion date of hearing on plans
to Drew Cook Sons received and
eci
cations
Excavating, Inc.,filed.
upon moved adoption Resolu- 10/20/03 atfrfi 30 P.M. t In
motion received and filed improvements3 nccCeda therand thattheCity dClerk
ri-
and concurred.
Corporation Counsel rec- Ridge Farm Place No. 4. publish notice in the man-
ommending settlement of Seconded by Nicholson. ner Respr scribed Noyo. law and
the claim of Valerie McNal- Motion carried 7-0.
ly for vehicle damage and Street Finance Report: Ordering bids. Seconded
that the Finance Director City Manager recommend- by Michalski. Motion car-
• issue payment, upon ing approval of the City of ried 7-0.
motion received and filed Dubuque's Fiscal Year Eagle Point Water Plant
and concurred and 2003 Street Finance ADA Renovation: City
Finance Directornt.. issue RIowa Department of Trans-ort for submittal to initiation ofe the recommending
proper payment.
Citizen Gommunications: pertation, upon motion process for the ADAReno-
Communications from resi- received and filed. Buol vation Project at the Eagle
dents and property owners rnoved adoption of Resolu- Point Water Plant and that
on Lower
be
Street
in tion No. 322-03 Approving set
, opposition to portions of the City of Dubuque Fiscal October 20, 2003,upon
Main Street and First Street Year 2003 Street Finance motiBuoion moved adoptnileof
d.
and the First and Second Report. Seconded by
Street Connector being Nicholson. Motion carried Resolution
approval 332-03 plans
Dublin'subed fors TheeLittle 7-0. Police Department and specifications; Reso-
motion Irish Fe an upon p
motion received and filed Accreditation: City Manag- lution No. 333-03 Fixing
and referred to the City fer orthePolice iDeparttment and ng approval date ospecificang on plans
for
Manager.
Employee Assistance to continue voluntary par- 10/20/03 at a meeting o
e
angServices: City fmissionnon with
Accredi Accreditation publiccommence
library P.M. in auditorium
Manager recommending
approval of an agreement • for Law Enforcement and that the City Clerk
with Mercy Medical Center Agencies in pursuit of reac- publish notice in the man-
ta c provide
services toe employee
assis-
mottiiiontion in receiv d and fled Reson ner olution
Dubuque1334 03
to ees and and approved recommen- Ordering bids. Seconded
Dubuque emp .y py Michalski. Motion car -
June 30, 2005, upon Acceptance of Quit Claim Chestnut Street Recon-
,motion received and filed Deed: City Manager rec- struction Project - Initiate:
and approved recommen- ommending acceptance of City Manager recommend-
dation. a quit claim deed for Lot 11 ing initiation of the bidding
Northwest Arterial Water of Medical Associates process for the Chestnut
Main Extension Project - Subdivision #2 from Med- Street Reconstruction Pro -
Acceptance: City Manag- ical Associates, upon ject and that a public hear-
er recommending accep- motion received and filed. ing be set for October 6,
tance of the Northwest Buoi moved adoption of 2003. upon motion
Arterial Water Main Exten- Resolution No. 323-03 received and filed. Buol
sion Project in the final Accepting a conveyance of moved adoption of Resolu-
-contract amount of Lot 11 of Medical Associ- tion No. 335-03 Preliminary
$891,605.57 as completed ates Subdivision No. 2 in approval of plans and
by Tschiggfrie Excavating, the City of Dubuque, specifications; Resolution
upon motion received and Dubuque, Iowa. Seconded No. 336-03 Fixing date of
filed. Buol moved adoption by Nicholson. Motion car- hearing on plans and spec -
of Resolution No. 313-03 ried 7-0. ifications; Resolution No.
Accepting improvement Senator John C. Culver 337-03 of Necessity; Res -
and Resolution No. 314-03 Floodwall Recognition olution No. 338-03 Fixing
Approving final contract Plaque: City Manager rec- date of hearing on Resolu-
amount of $691,605.57. ommending approval of tion of Necessity for
/Seconded by Nicholson. the wording for the Senator 10/06/03 at a meeting to
Motion carried 7-D. John C- Cwlyer Plaque commence et 6:30 F.M. in
Old U.S. Highway 20 which is to be located near the public library auditori-
Water Main Phase 11 Exten- the floodwall on the River's um and that the City Clerk
lion Project - Acceptance: Edge Plaza, upon motion publish notice in the man -
City Manager recommend- received and filed and ner prescribed by law,
ing acceptance of the Old approved recommenda- Resolution No. 339-03
U.S. Highway 20 Water tion. Approving Preliminary
Main Phase II Extension Grand River Center Dedi- Schedule of Assessments
Project in the final contract cation Plaque: City Man- and Resolution No. 340-03
/amount of $94,121.38 as ager recommending Ordering bids. Seconded
completed by Drew Cook approval of the wording for by Michalski. Motion car-
& Sons Excavating, upon the dedication plaque for ried 7-0.
motion received and filed. the Grand River Center, Four Mounds Estate His-
Buol moved adoption of upon motion received and toric District: Historic
Resolution No. 315-03 filed and approved recom- Preservation Commission
Accepting improvement mendation. and the Long Range Plan -
and Resolution No. 316-03 Legislative Correspon- ning Advisory Commission
Approving final contract deuce: City Manager rec- requesting that the City
amount of $94,121.38. ommending approval of Council forward documen-
,Seconded by Nicholson. the submission of letters to tation to the State Historic
Motion carried 7-0. our Congressional delega- Preservation Office and set
Harvest Development tion requesting their sup- a public hearing for
Group, L.L.C.: Martin J. port for modifications in November 17, 2003 to
McNamer, Harvest Devel- the Medicare Prescription establish Four Mounds
opment Group, L.L.C., Drug and Modernization Estate Historic District as a
requesting approval of a Act, upon motion received City landmark, upon
temporary access directly and filed and approved motion received and filed
from the Northwest Arterial recommendation. and set Public Hearing for
for the construction of his Business Licenses: Buol 11/17/03 at a meeting to
.assisted living project at moved adoption of Resolu- commence at 6:30 P.M. in
Matthew John Drive and tion No. 324-03 Granting the public library auditori-
Harvest View Drive, upon the issuance of a Class "B" um and that the City Clerk
motion received and filed Beer (5-Day Special Event) publish notice in the man -
and referred to the City Permit to Dubuque ner prescribed by law.
Manager. Jaycees (Cable Car Square BOARDS/COMMISSIONS
Miller Place - Final Plat: and Flora Park Ball Dia- Appointment to the fol-
Zoning Advisory Commis- mond); and a Class "C" lowing Committee: Hous-
sion recommending Beer Permit to Puff N ing Advisory Trust Fund
approval of the final plats Snuff, Ron's Smokes / Committee (One 3-year
of Lots 1 - 4, inclusive, of Beverage, Philips 66 / term through 9/8/06 -Term
Miller Place as requested Arby's, 5-Point Mart, and of Hingtgen) Applicant:
by Larry and Kathy Miter, Wal-Mart Supercenter Doris M. Hingtgen. Upon
upon motion received and #2004 and Resolution No. motion Doris M. Hingtgen
filed. Buol moved adoption 325-03 Granting the reappointed to the Housing
of Resolution No. 317-03 issuance of a Class "C" Advisory Trust Fund Com-
Approving the final plats of Beer / Liquor License to mittee for a three year term
Lots 1 - 4, inclusive, of Angie's Bar, One Flight Up, which will expire 9/8/06.
Miller Place in the City of Fat Tuesday's, Happy's PUBLIC HEARINGS
Dubuque, Iowa. Seconded Place, and National Missis- Upon motion the rules
by Nicholson. Motion car- sippi River Museum; Class were suspended to allow
ried 7-0. "C" Liquor License (5-Day anyone present to speak.
University of Dubuque - Special Event) to Clarke Dubuque Bank and Trust
Adopted Conceptual Plan: College; Special Class "C" Company - Request to
Zoning Advisory Commis- Liquor License to Sugar Rezone: Proof of publica-
sion advising that they Ray's Barbeque; and Class tion on notice of hearing to
have reviewed a request "B" Wine Permit to Oky consider rezoning property
from the University of Doky 02 and Wal-Mart located at the southwest
Dubuque to change the Supercenter #2004. Sec- corner of the Northwest
adopted conceptual plan onded by Nicholson. Arterial and Asbury Road
for the South Campus - Motion carried 7-0. from PC Planned Commer-
Student Apartments and ITEMS TO BE SET FOR cial District to C-3 General
have found that the pro- PUBLIC HEARING Commercial District at the
posal is not a significant Vacating Petition - South request of Dubuque Bank
change from the adopted Way at Asbury Road: City and Trust Company and
conceptual plan, upon Manager recommending Zoning Advisory Commis -
motion received and filed. that a public hearing be set sion recommending
Historic Sites Preserve- for October 6, 2003 to con- approval, upon motion
tion Grant: City Manager sider a request from received and filed.
recommending approval of Clarence P. Pfohl to vacate Mr. Nelson Klavitter, Vice
an application to the State a portion of South Way at President of Operations of
- Historical Society of Iowa Asbury Road, upon motion Dubuque Bank and Trust,
for a $100,000 Historic received and filed. Buol spoke requesting the
Sites Preservation Grant moved adoption of Resolu- rezoning for their branch
for the Shot Tower Reha- tion No. 326-03 Approving bank at this location.
bilitation project, upon plat of proposed vacated Ordinance No. 73-03
motion received and filed. portion of South Way at Amending Appendix A (the
Buol moved adoption of Asbury Road. Seconded Zoning Ordinance) of the
Resolution No. 318-03 by Michalski. Motion car- City of Dubuque Code of
Authorizing an application ried 7-0. Ordinance No. 72- Ordinances by reclassify-
io the Historic Sites 03 Vacating a portion of ing hereinafter described
Preservation Grant Pro- South Way at Asbury property located at the
gram for the Shot Tower Road, presented and read. southwest corner of the
Rehabilitation. Seconded Buol moved that the Northwest Arterial and
by Nicholson. Motion car- requirement that a pro- Asbury Road from PC
ried 7-0. posed Ordinance be con- Planned Commercial Dis-
Eagle Window and Door - sidered and voted on for trict to C-3 General Com-
Certificate of Compliance: passage at two Council mercial District, presented
the adoption of the
tion of Necessity proposed
for the University Avenue
Reconstruction Project
form Delhi to Alta Vista and
the University Avenue
Patching Project from Alta
Vista to Spruce Street.
Seconded by Nicholson.
Motion carried 7-0.
In -Line Skate Rink Pro-
ject: Proof of publication
on notice of hearing an the
plans and specifications
and notice to bidders for
the In -Line Skate Rink Pro-
ject and City Manager rec-
ommending award of the
contract to Fondell Exca-
vating, upon motion
received and filed.
Markham moved adoption
of Resolution No. 343-03
Adopting plans and speci-
fications and Resolution
No. 344-03 Awarding con-
tract. Seconded by Cline.
Motion carried 7-0.
Upon motion the rules
were reinstated limiting
discussion to the Council.
ACTION ITEMS
Bond Sale to Support
Stormwater Projects: City
Mag t he
sale ofnager $2,110advisin,000 General
Obligation Bonds to sup-
portstorrnwater projects
was scheduled for 11:00
a.m., Monday, September
15, 2003, upon motion
received and filed.
Mr. David Dirks, of the
City's financial advisory
firm, spoke positively of the
City's improved financial
rating. Cline moved adop-
tion of Resolution No. 345-
03 Directing sale of the
bonds. Seconded by
Markham. Motion carried
7-0.
Historic Preservation
Commission: Historic
Preservation Commission
of
recommending approval
an amendment to the His-
toric Preservation Ordi-
nance to increase the
membership of the Com-
mission to nine members
by adding two additional
at -large members, upon
motion received and filed.
Council Member Michals-
ki voiced concem as to
obtaining a quorum at their
meetings.
Christopher Wand, Chair
of the Historic Preservation
Commission, spoke clarify-
ing that these additional At
Large positions would help
with a quorum.
Ordinance No. 74-03
Amending the City of
Dubuque Code of Ordi-
nances Chapter 25 Historic
Preservation, Section 25-3
Historic Preservation Corn -
mission Established; Mem-
bership; Term of Office;
Vacancies in Office, pre-
sented and read. Buol
moved that the require-
ment that a proposed Ordi-
nance be considered and
voted on for passage 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
passage of the Ordinance.
Seconded by Connors.
Motion carried 7-0.
Callahan Subdivision: City
Manager recommending
approval of a request from
Joel Callahan, President of
Callahan ' Construction,
Inc., for City assistance to
facilitate development of
his proposed mixed -use
subdivision that would
include affordable owner -
occupied housing, upon
motion received and filed
and approved recommen-
dation.
The following item was
removed from the Agenda
at the request of Mr. Calla-
han: Westbrook Subdivi-
sion - Final Plat: City Man-
ager recommending
approval of the final plat of
Phase I of Westbrook Sub-
division, which was recent-
ly approved for annexation
in the City of Dubuque, as
requested by Joel Callahan
and a Resolution approv-
ing the final plat of Lots 1
thru 48, inclusive, of Block
1, Lots 1 thru 10, inclusive,
of Block 3 and Lots A, B, C,
D, E, F, G, H, I, J, and K of
Westbrook Subdivision.
Request for Qualifications
- Grand River Center Art-
work: City Manager rec-
ommending approval of
the issuance of a Request
for Qualifications for art-
work for the Grand River
Center, upon motion
received and filed.
Franchise Fee Ordinance
Amendment: City Manager
recommending approval of
amendments to the Fran-
chise Fee Ordinances to
provide for changing the
reporting date to the 15th
of each month commenc-
ing on November 15, 2003
and to further address tax-
exempt properties, upon
motion received and filed.
Ordinance No. 75-03
Amending Ordinance No.
58-03 Establishing a fran-
chise fee of Iwo percent
(2%) of the gross revenue
of Interstate Power Com-
pany, its successors and
assigns, generated from
the sale of electricity within
the City. of Dubuque and
Ordinance No. 76-03
Amending Ordinance No.
59-03 Establishing a fran-
chise fee of two percent
(2%) of the gross revenue
of Peoples Natural Gas, its
successors and assigns,
generated from the sale of
natural gas or mixed gas
within the City of Dubuque,
presented and read. Buol
moved that the require-
ment that the proposed
receivedaan�d�fiiled and
approved recommenda-
tion.
Pier Wall Signage and
Refuse Collection from Vis-
iting Boats: City Manager
er
recommending approval
additional signage at the
transient boat docks along
the sheet pile wall at the
Mississippi Riverwalk and
further recommending that
visiting passenger boats be
required to have a truck
haul their refuse away
immediately instead of
leaving a large refuse con-
tainer at the American
Trust River's Edge Plaza,
upon motion received and
filed and approved recom-
mendation.
At 7:43 P.M. upon motion.
it was resolved to go into
Closed Session re: Proper-
ty Acquisition - Chapter
21.5(1)(1) 2003 Code of
Iowa.
At 8:41 Council recon-
vened Regular Session
stating that proper direc-
tion had been given.
There being no further
business, upon motion
meeting adjourned at 8:42
P.M.
/s/ Jeanne F. Schneider,
CMC, City Clerk
1 t 9/24
STATE OF IOWA (SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Sherri A. Yutzy, a Billing Clerk for Woodward Communications, Inc., an Iowa
corporation, publisher of the Telegraph Herald,a newspaper of general circulation
published in the City of Dubuque, County of Dubuque and State of Iowa; hereby
certify that the attached notice was published in said newspaper on the following
dates: September 24, 2003, and for which the charge is $239.11.
Subscribed to before me, a N ary Public in and for Dubuque County, Iowa,
this „25-("4, day of , 20 IJ� .
otary Public in and for Dubuque County, Iowa.
MANY K. WESTERMEYER
Commission Number 154885
My Comm_Exp. FEB. 1,2005