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Proof Council Minutes 11 3 03 tha(' STATE OF IOWA DUBUQUE COUNTY {SS: 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 l~ubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following · dates: November 12, 2003, and for which the charge is $230.50. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, da of --'1~_ . ,'~--~ ,20 ~ this /'c~l-f..~ y ~ = Notary Public in and for Dubuque County, Iowa. CITY OF DUBuouE, IOWA COUNCIL PROCEEDINGS OFFICIAL City Council, Regular Ses- sion, November 3, 2003 Council met in Regular Session at 6:30 P.M. in the eLibrary Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Connors, Markham, Michalski, Nicholson, City Manager Michael Van Milli- gen, Assistant City Attor- ney Tim O'Brien Mayor Duggan read the call and stated this is a reg- rular session of the City Council called for the pur- pose of discussing such matters which may proper- ly , come before the City Council. Invocation was given by Reverend David Solberg, Wartburg Theological ' Seminary. Proclamations: Philan- thropy Day (November 19, 2003) received by David Solberg; Hospice Month (November, 2003) received by Carole Carroll; Youth Appreciation Month (November, 2003) received by Beverly Feldermann CONSENT ITEMS Minutes and Reports Submitted: City Council of 10/20; Civil Service Com- mission of 10/10; Five Flags Commission of 9/25; Historic Preservation Com- mission of 10/16; Housing Code Appeals Board of 9/16, as amended; Hous- ing Commission Trust ,Fund Committee of 10/17 and 10/21; Investment Oversight Commission of 10/23, upon motion received and filed. Proof of publication of City Council Proceedings' of October 6, 2003, upon , motion received and filed. Printed Council Proceed- ings of September, 2003, upon motion approved as printed. Substance Abuse Ser- vices- Center Fiscal Year 2004 First Quarter Report, upen motion received and filed. Investment Oversight Commission's 42nd Quar- ,terly Report, upon motion received and filed. Notice of Claims/Suits: Michael and Allison Lott for property damage; Agnes Vorwald for property dam- age, upon motion referred to the Legal Staff for inves- tigation and report. Corporation Counsel rec- ,..ommending settlement of the claim of Agnes Vorwald for property damage and , directing the Finance;, Department to issue pay- ment, upon motion received and filed and approved settlement directing Finance Depart - .,;ant to issue proper pay- ment. Citizen Communications: Communication from Jeff and Julie Chase requesting to purchase a portion of City -owned property locat- ed 0ext to Gay Park, upon motion received and filed and referred to the City Manager. Communication from Steve and Judy Selchert, Steve's Ace Hardware, requesting to purchase a portion of City -owned - property abutting 3350 John F. Kennedy Road, upon motion received and filed and referred to the' City Manager. Communication from the residents on West 16th Street requesting estab- lishment of a Residential Parking Permit District in the 500 block of West 16th Street between Cornell and Catherine Streets, upon motion received and filed and referred to the City Manager. Request for Public Hear- ing - Eagle Point Bluff: Communication from Lau- rel Sprengelmeyer, General Manager of Teesri Duniya Theatre, requesting that a public hearing be held regarding the condomini- .um development project at the end of Rhomberg Avenue, upon motion received and filed. Environmental Steward- ship Advisory Commission: Communication from Mary Rose Corrigan, Public Health Specialist, advising that Environmental Stew- ardship Advisory Commis- sioner William Niemann has resigned and Commis- sioner Mark Henning does not plan to renew his appli- cation for reappointment, upon motion received and filed. Iowa Department of Transportation: Communi- cdtion from the Iowa Department of Transporta- tion submitting a Notice of Environmental Assessment Availability and Public Hearing concerning the proposed capacity improvement of US 20 in Dubuque County from Peosta to just east of the Northwest Arterial, upon motion received and filed. Brotherhood of Locomo- tive Engineers: Communi- cation from the Brother- hood of Locomotive Engi- neers Iowa State Legisla- tive Board regarding the operation of remote con- " trolled locomotives, upon motion received and filed and referred to Dubuque Metropolitan Area Transportation Study. School Resource Officer ' (SRO) Agreement: City Manager recommending approval of an agreement 'between the City of Dubuque Police Depart- mpnt and the Dubuque Community School District regarding the duties and responsibilities of the School Resource Officers, ' upon motion received and filed and approved agree- ment. Woodward Museum - 2002 Renovations Project: City Manager recommend- ing acceptance of the Woodward Museum 2002 Renovations Project in' the final contract arhounts of $79,579.50 (Contract No. 1 - Masonry Turkpointing), $35,550 (Contract No. 4 - HVAC), $58,464 (Contract No. 5 - Plumbing and Sprinkler), and $32,930 (Contract No. 6 - Electrical), upon motion received and filed. Buol rrrr$�ooved adoption of Resolu- tion No. 413-03 Accepting inSprovement - Contract Np. 1; Resolution No. 414- 03 Approving final estimate of $79,579.50; Resolution No. 415-03 Accepting improvement - Contract Np. 4; Resolution No. 416- . 03 Approving final estimate of $35,550; Resolution No. 417-03 Accepting improvement - Contract Np. 5; Resolution No. 418- 03 Approving final estimate of $58,464; Resolution No. 419-03 Accepting improvement - Contract Np. 6; Resolution No. 420- 03 Approving final estimate of $32,930: Seconded by Reconstruction Project as completed by Taylor Con- struction, Inc., in the final contract amount of $819,628.66, upon motion received and filed. Buol moved adoption of Resolu- tion No. 425-03 Accepting improvement and Resolu- tion No. 426-03 Approving final estimate of $819,628.66. Seconded by Michalski. Motion carried 7-0. First and Main Street Lighting Project: City Man- ager recommending acceptance of the First and Main Street Historical Lighting Project as com- pleted by A&G Electric Company of Dubuque, Iowa, in the final contract amount of $118,247.05, upon motion received and filed. Buol moved adoption of Resolution No. 427-03 Accepting improvement and Resolution No. 428-03 Approving final estimate of $118,247.05. Seconded by Michalski. Motion carried 7-0. Tanzanite Drive Paving Project: City Manager rec- ommending acceptance of the Tanzanite Drive Paving Project as completed by Flynn Company, Inc., in the final contract amount of $200,385.01, upon motion received and filed. Buol moved adoption of Resolu- tion No. 429-03 Accepting improvement and Resolu- tion No. 430-03 Approving final estimate of $200,385.01. Seconded by Michalski. Motion carried 7-0. Mississippi River Discov- ery Center Wetland Site Package II, Interior Walk- ways Project: City Manag- er recommending accep- tance of the Mississippi River Discovery Center Wetland Site Package II, Interior Walkways Project - Contract No. 4 in the final contract amount of $169,323, upon motion received and filed. Buol moved adoption of Resolu- tion No. 431-03 Accepting improvement and Resolu- tion No. 432-03 Approving final estimate of $169,323. Seconded by Michalski. Motion carried 7-0. Designation of Fiscal Offi- cers - Electronic Invest- ment Transactions: City Manager recommending approval of the designation of fiscal officers to sign checks and drafts and to execute electronic invest- ment transactions with Treasury Direct on behalf of the City of Dubuque, upon motion received and filed. Buol moved adoption of Resolution No. 433-03 . Authorizing certain desig- nated fiscal officers for the City of Dubuque to execute electronic investment transactions with Treasury Direct on behalf of the City of Dubuque, Iowa; Resolu- tion No. 434-03 Authoriz- ing certain designated fis- cal officers to sign checks and drafts on behalf of the City of Dubuque; Resolu- tion No. 435-03 Authoriz- ing certain designated fis- cal officers to obtain infor- mation and transfer money between City of Dubuque bank accounts with a banking institution. Sec- onded by Michalski. Motion carried 7-0. Lead Based Paint Hazard Reduction Program: City Manager recommending approval of the publication of a Notice of Intent to Request Release of Funds for the Lend -Based Paint mending acceptance of the deed for certain real estate from the Adams Company, upon motion received and filed. Buol moved adoption of Resolution No. 437-03 Accepting the deed to cer- tain real estate in Dubuque County, Iowa from the Adams Company. Sec- onded by Michalski. Motion carried 7-0. Four Mounds Foundation: City Manager recommend- ing approval of a letter of support for the Four Mounds Foundation to fundraise to carry out their mission of preserving the Four Mounds Estate and making it available to the public for educational pur- poses, upon motion received and filed and approved recommenda- tion. Gronen Adaptive Reuse: Communication from the Historic Preservation Com- mission reiterating their support for applications for low-income housing tax credits as well as federal and state historic tax cred- its for rehabilitation pro- jects by Gronen Adaptive Reuse, upon motion received and filed. Civil Service Commission: Civil Service Commission submitting the certified list for the position of Water Meter Repairworker I, upon motion received and filed and made a matter of record. Business License Refund: Request of Eagle Food Centers, Inc. (2050 John F. Kennedy Road) for a refund of their cigarette license in the amount of $50.00, upon motion received and filed and approved refund. Business Licenses: Buol moved adoption of Resolu- tion No. 38-03 Granting the issuance of a Class 'B" Beer Permit to Happy Joe's Ice Cream and Pizza and a Class "C" Beer Per- mit to IOCO Speede Shoppe #93, Big 10 Mart Car Wash and Aldi #30 and Resolution No. 39-03 Granting the issuance of a Class "C" Beer/Liquor License to Yen Ching Restaurant and Bridge Restaurant; and a Class "E" Liquor License to Aldi #30. Seconded by Michal- ski. Motion carried 7-0. ITEMS TO BE SET FOR PUBLIC HEARING Cooper Development Company, LLC - Tax Incre- ment Financing: City Man- ager recommending approval of Cooper Devel- opment Company's appli- cation for Property Tax Rebates for Historic Prop- erties and that a public hearing be set for Novem- ber 17, 2003 and commu- nication from the Historic Preservation Commission recommending approval of Cooper Development Company's application for Property Tax Rebates for Historic Properties, upon motion received and filed. Cline moved adoption of Resolution No. 440-03 Fix- ing the date for a public hearing on the issuance of Urban Renewal Tax Incre- ment Revenue Obligations and a Property Tax Rebate Agreement relating thereto with Cooper Development Company and providing for publication of notice there- of and setting public hear- ing for 11/17/03 at a meet- ing to commence at 6:30 P.M. in the public library auditorium and that the City Clerk publish notice in t +Min. Motion carried 7-0. Associates Subdivision, to •Drsposition of Real -Prop- purchase Lots 1, 2 and 3 of arty to Riverside Baseball, Medical Associates Subdi- LLC: City Manager recom- vision and City Manager mending adoption of a res- recommending approval, olution initiating disposition upon motion received and by lease of real property filed. and improvements located Bob Hartig, representing in the Port of Dubuque (Ice Oak Park Dubuque LLC, Harbor Urban Renewal spoke requesting the sale District) to Riverside Base- of this property. ball, LLC., upon motion Markham moved adop- received and filed. Cline tion of Resolution No. 446- moved adoption of Resolu- 03 Disposing of City inter- tion No. 444-03 (1) Approv- est in Lots 1, 2, and 3 of ing the Minimum Require- Medical Associates Subdi- ments, Competitive Crite- vision No. 3 in the City of ria, and offering Proce- Dubuque, Iowa. Seconded dures for Disposition of by Nicholson. Motion car - Certain Real, Property and ried 7-0. Improvements in the Ice 2003 Local Law Enforce - Harbor Urban Renewal ment Block Grant Funds: District; (2) Determining Proof of publication on that the Lease submitted notice of hearing to consid- by Riverside Baseball, LLC er acceptance of the 2003 satisfies the offering Local Law Enforcement requirements with respect Block Grant award and toy the real property and City Manager recommend - improvements and declar- ing approval, upon motion ing the intent of the City received and filed and Council to approve the approved recommenda- Lease with Riverside Base- tion. ball, LLC in the event that Upon motion the rules no competing proposals were reinstated limiting are submitted; and (3) discussion to the Council. soliciting competing pro- ACTION ITEMS posals, setting a date for a Special Election on Capi- Public Hearing on Decem- tal Improvements Reserve ber 15, 2003 at 6:30 P.M. in Fund and Levy: City Man - the Public Library Auditori- ager recommending that a um and that the City Clerk special election on the publish notice in the man- establishment of a Capital ner prescribed by law. Improvement Reserve Seconded by Nicholson. Fund and levy for a base - Motion carried 7-0. ball stadium be approved Authorization of a Loan for December 16, 2003 and Agreement and Issuance of communication from Not to Exceed $15,000,000 Dubuque Main Street in General fund Capital Loan support of the special elec- Notes: City Manager rec- tion, upon motion received ommending adoption of a and filed. Buol moved Resolution Fixing Dates for adoption of Resolution No. Meetings: for discussion of 447-03 Calling for a special authorization of a Loan City election on the propo- Agreement and the sition of establishing a issuance of not to exceed Capital Improvements $15,000,000 General Fund Reserve Fund and levying Capital Loan Notes of the an annual tax for such city of Dubuque, Iowa and fund. Seconded by providing for Publication of Markham. Motion carried Nctice Thereof, upon 7-0. motion received and filed. Vision lowa Application: Cline moved adoption of City Manager recommend - Resolution No. 445-03 Fix- ing approvalofthe submis- ing dates for meetings on sion of a Vision lowa appli- the authorization of a Loan cation in the amount of Agreement and the $3.6 million for a baseball issuance of not to exceed stadium, upon motion $15,000,000 General Fund ,received and filed. Cline Capital Loan Notes of the moved adoption of Resolu- city of Dubuque, Iowa and tion No. 448-03 Authoriz- providing for publication of ing the filing of a Vision notice thereof and setting Iowa Application and com- this for discussion and miffing the local match for Public Hearing on Novem- the project. Seconded by ber 17, 2003 at a meeting Nicholson. Motion carried to commence at 6:30 P.M. 7-0. in the Public Library Audi- Library Board of Trustees: torium and that the City Communication from Clerk publish notice in the Thomas A. Tully, President manner prescribed by law of the Camegie-Stout Pub - and also setting the date lic Library Board of of December 18, 2003 at Trustees, requesting a 4:30 P.M. in Conference work session with the City Room " B" City Hall, 50 W. Council to discuss the pro- 13th Street, for the pur- posed Library renovation / e of taking additional restoration projtst, , plum action and that the City motion received and filed Clerk publish notice in the and directed the City Man - manner prescribed by law. ager to schedule a work Seconded by Nicholson. session after 1/1/04 and Motion carried 7-0. before the budget process BOARDS/COMMISSIONS begins. Appointments to the fol- Chestnut Street (Highland lowing Boards / Commis- to Cox) Reconstructiorr sions: Project (Tabled ' on ENVIRONMENTAL 10/20/03): Upon motion STEWARDSHIP ADVISO- this matter was removed RY COMMISSION: (One from the table. Communi- youth member for a one- cation from the Historic year term and two 3-year Preservation Commission terms through 10/1/06): regarding the Chestnut Applicants: Stephanie Street Reconstruction Pro - Beecher (Youth); Andrea ject and City Manager rec- Bixler, Joseph D. Suarez. ommending award of the Markham moved that contract for the Chestnut Stephanie Beecher be Street (Highland to Cox) appointed to the Youth Reconstruction Project to position which will expire WC Stewart Construction 6/1/04 and that Andrea Co., in the amount of Bixler and Joseph D. $471,823.09, offering to Suarez be appointed to leave trees if a lien waiver town master plan. Street Banners in Historic Districts: Communication from the Historic Preserva- tion Commission request- ing that in the future the Commission be allowed to serve as an advisory design review body to the City Council on the design, size and composition of street banners located in the historic districts, upon motion received and filed and referred to Staff. Legislative Issues: City Manager recommending approval of the City of Dubuque's 2004 Legisla- tive Issues, upon motion received and filed acid approved recommenda- tion. U.S. Department of Hous- ing and Urban Develop- ment: Communication from the U.S. Department of Housing and Urban Devel- opment advising that the City's overall progress for Program year 2002 was successful, upon motion received and filed and con- gratulated City Staff. Awards: International Economic Development Council 2003 Honorable Mention Partnership Award presented to the City of Dubuque in recognition of the America's River Part- nership; Communication from the National League of Cities congratulating the City of Dubuque on win- ning Honorable Mention -in the Partnership category of the 2003 Economic Devel- opment Awards presented by the International Eco- nomic Development Coun- cil and communication from the Iowa Ready Mixed . Concrete Association advising that the Mississip- pi Riverwalk Phase II pro- ject has been selected as I the recipient of the Recre- atior}ai Trails/Golf Cart Path9 Category Award for ' 2003, .upon motion received and filed. COUNCIL MEMBER REPORTS Nicholson advised that the January 19th Council meeting will conflict with the presidential caucuses. Upon motion it was decid- ed that the time of that meeting be changed to commence at 3:00 P.M, PUBLIC INPUT Katie Krieg, President of Dubuque Initiatives, dis- tributed the press release about the proposed base- ball stadium. Walt Pregler, 2966 Shiras, representing the Dubuque Boat Club, questioned whether the relocation of the* maintenance shop of the Water Department would result in eminent domain and loss of busi- ness in the area around the boat club. City Manager Van Milligen responded that this was not the case. At 7:56 P.M. upon motion it was resolved to go into Closed Session - Pending Litigation - Chapter 21.5(1)(c) 2003 Code of Iowa. At 8:27 Council recon- vened Regular Session stating staff had been given proper direction. There being no further business, upon motion meeting adjourned at 8:28 P.M. /s/ Jeanne F. Schneider, CMC, City Clerk 1t 11/12 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: November 12, 2003, and for which the charge is $230.50. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this /�xf day of aZ,,,, z,f2 , 20 D3 . Notary Public in and for Dubuque County, Iowa. MARY K. WBS'ERMEYER Commission number 154085 My Comm. Exp. FEB.1, 2005 CITY OF DUBUQUE, IOWA COUNCIL PROCEEDINGS OFFICIAL City Council, Regular Ses- sion, November 3, 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, Assistant City Attor- ney Tim O'Brien Mayor Duggan read the call and stated this is a reg- ular session of the City Council called for the pur- pose of discussing such matters which may proper- ly come before the City Council. Invocation was given by Reverend David Solberg, Wartburg Theological Seminary. Proclamations: Philan- thropy Day (November 19, 2003) received by David Solberg; Hospice Month (November, 2003) received by Carole Carroll; Youth Appreciation Month (November, 2003) received by Beverly Feldermann CONSENT ITEMS Minutes and Reports Submitted: City Council of 10/20; Civil Service Com- mission of 10/10; Five Flags Commission of 9/25; Historic Preservation Com- mission of 10/16; Housing Code Appeals Board of 9/16, as amended; Hous- ing Commission Trust -Fund Committee of 10/17 and 10/21; Investment , Oversight Commission of 10/23, upon motion received and filed. Proof of publication of City Council Proceedings of October 6, 2003, upon , motion received and filed. Printed Council Proceed- ,, ings of September, 2003, upon motion approved as printed. Substance Abuse Ser- vices- Center Fiscal Year 2004 First Quarter Report, upon motion received and filed. Investment Oversight Commission's 42nd Quar- terly Report, upon motion received and filed. Notice of Claims/Suits: Michael and Allison Lott for property damage; Agnes Vorwald for property dam- age, upon motion referred to the Legal Staff for inves- , tigation and report. Corporation Counsel rec- .ommending settlement of the claim of Agnes Vorwald for property damage and , directing the Finance Department to issue pay- ment, upon motion received and filed and ' approved settlement directing Finance Depart- -,, �t to issue proper pay- ment. Citizen Communications: Communication from Jeff and Julie Chase requesting to purchase a portion of City -owned property locat- ed next to Gay Park, upon . motion received and filed - and referred to the City Manager. Communication from Steve and Judy Selchert, Steve's Ace Hardware, requesting to purchase a portion of City -owned property abutting 3350 John F. Kennedy Road, upon motion received and filed and referred to the City Manager. Communication from the residents on West 16th Street requesting estab- lishment of a Residential Parking Permit District in the 500 block of West 16th Street between Cornell and Catherine Streets, upon motion received and filed and referred to the City Manager. Request for Public Hear- ing - Eagle Point Bluff: Communication from Lau- rel Sprengelmeyer, General Manager of Teesri Duniya Theatre, requesting that a public hearing be held regarding the condomini- um development project at the end of Rhomberg Avenue, upon motion received and filed. 'Environmental Steward- ship Advisory Commission: Communication from Mary Rose Corrigan, Public Health Specialist, advising that Environmental Stew- ardship Advisory Commis- sioner William Niemann has resigned and Commis- sioner Mark Henning does not plan to renew his appli- cation for reappointment, upon motion received and filed. Iowa Department of Transportation: Communi- cation from the Iowa Department of Transporta- tion submitting a Notice of Environmental Assessment Availability and Public Hearing concerning the proposed capacity improvement of US 20 in Dubuque County from Peosta to just east of the Northwest Arterial, upon motion received and filed. Brotherhood of Locomo- tive Engineers: Communi- cation from the Brother- hood of Locomotive Engi- - .. neers Iowa State Legisla- tive Board regarding the operation of remote con- ` trolled locomotives, upon motion received and filed and referred to • Dubuque Metropolitan Area Transportation Study. School Resource Officer ` (SRO) Agreement: City Manager recommending approval of an agreement 'between the City of Dubuque Police Depart- mpnt and the Dubuque Community School District regarding the duties and responsibilities of the School Resource Officers, upon motion received and filed and approved agree- ment. Woodward Museum - 2002 Renovations Project: City Manager recommend- ing acceptance of the Woodward Museum - 2002 Renovations Project in the final contract arhounts of $79,579.50 (l ontract No. 1 - Masonry Tuckpointing), $35,550 (Contract No. 4 - HVAC), $58,464 (Contract No. 5 - Ptumbing and Sprinkler), and $32,930 (Contract No. 6 Electrical), upon motion received and filed. Buol ns�ooved adoption of Resolu- titin No. 413-03 Accepting intiprovement - Contract No. 1; Resolution No. 414- 03 Approving final estimate of $79,579.50; Resolution Nb. 415-03 Accepting improvement - Contract Np. 4; Resolution No. 416- 03 Approving final estimate of $35,550; Resolution No. 417-03 Accepting in5provement - Contract N'p. 5; Resolution No. 418- 03 Approving final estimate of $58,464; Resolution No. 419-03 Accepting improvement - Contract No. 6; Resolution No. 420- °3 Approving final estimate of $32,930: Seconded by Michalski. Motion carried 7'0. 'Railroad Depot Restora- tion Project: City Manager recommending accep- tance of the completed construction contracts atsociated with the .Burlington Northern Rail- road Depot Restoration Project, Contract No.13 - HVAC and Contract No.14 -' Plumbing, upon motion received and filed. Buol moved adoption of Resolu- tion No. 421-03 Accepting improvement; Resolution No. 422-03 Approving final ,.estimate of $110,021.67 (HVAC); Resolution No. 423-03 Accepting improvement; Resolution No.-424-03 Approving final estimate of $39,583 (Plumbing). Seconded by Michalski. Motion carried 7-0. Manson Road Bridge .Reconstruction Project: City Manager recommend- ing acceptance of the Manson Road Bridge Reconstruction Project as completed by Taylor Con- struction, Inc., in the final contract amount of $819,628.66, upon motion received and filed. Buol moved adoption of Resolu- tion No. 425-03 Accepting improvement and Resolu- tion No. 426-03 Approving final estimate of $819,628.66. Seconded by Michalski. Motion carried 7-0. First and Main Street Lighting Project: City Man- ager recommending acceptance of the First and Main Street Historical Lighting Project as com- pleted by A&G Electric Company of Dubuque, Iowa, in the final contract amount of $118,247.05, upon motion received and filed. Buol moved adoption of Resolution No. 427-03 Accepting improvement and Resolution No. 428-03 Approving final estimate of $118,247.05. Seconded by Michalski. Motion carried 7-0. Tanzanite Drive Paving Project: City Manager rec- ommending acceptance of the Tanzanite Drive Paving Project as completed by Flynn Company, Inc., in the final contract amount of $200,385.01, upon motion received and filed. Buol moved adoption of Resolu- tion No. 429-03 Accepting improvement and Resolu- tion No. 430-03 Approving final estimate of $200,385.01. Seconded by Michalski. Motion carried 7-0. Mississippi River Discov- ery Center Wetland Site Package II, Interior Walk- ways Project: City Manag- er recommending accep- tance of the Mississippi River Discovery Center Wetland Site Package II, Interior Walkways Project - Contract No. 4 in the final contract amount of $169,323, upon motion received and filed. Buol moved adoption of Resolu- tion No. 431-03 Accepting improvement and Resolu- tion No. 432-03 Approving final estimate of $169,323. Seconded by Michalski. Motion carried 7-0. Designation of Fiscal Offi- cers - Electronic Invest- ment Transactions: City Manager recommending approval of the designation of fiscal officers to sign checks and drafts and to execute electronic invest- ment transactions with Treasury Direct on behalf of the City of Dubuque, upon motion received and filed. Buol moved adoption of Resolution No. 433-03 Authorizing certain desig- nated fiscal officers for the City of Dubuque to execute electronic investment transactions with Treasury Direct on behalf of the City of Dubuque, Iowa; Resolu- tion No. 434-03 Authoriz- ing certain designated fis- cal officers to sign checks and drafts on behalf of the City of Dubuque; Resolu- tion No. 435-03 Authoriz- ing certain designated fis- cal officers to obtain infor- mation and transfer money between City of Dubuque bank accounts with a banking institution. Sec- onded by Michalski. Motion carried 7-0. Lead Based Paint Hazard Reduction Program: City Manager recommending approval of the publication of a Notice of Intent to Request Release of Funds for the Lead -Based Paint Hazard Reduction Grant Program, upon motion received and filed. Buol moved adoption of Resolu- tion No. 436-03 Authoriz- ing publication of a Notice of Intent to Request Release of Funds for Lead- Based Paint Hazard Reduction Grant Program. Seconded by Michalski. Motion carried 7-0. Request to Demolish: Historic Preservation Com- mission recommending approval of a request to demolish a second story catwalk at 1598 Central Avenue, upon motion received and filed and approved recommenda- tion. Quarterly Investment Report: City Manager sub- mitting the Quarterly Investment Report for the quarter ending September 30, 2003, upon motion received and filed. Adams Company - Acceptance of Deed: Cor- poration Counsel recom- mending acceptance of the deed for certain real estate from the Adams Company, upon motion received and filed. Buol moved adoption of Resolution No. 437-03 Accepting the deed to cer- tain real estate in Dubuque County, Iowa from the Adams Company. Sec- onded by Michalski. Motion carried 7-0. Four Mounds Foundation: City Manager recommend- ing approval of a letter of support for the Four Mounds Foundation to fundraise to carry out their mission of preserving the Four Mounds Estate and making it available to the public for educational pur- poses, upon motion received and filed and approved recommenda- tion. Gronen Adaptive Reuse: Communication from the Historic Preservation Com- mission reiterating their support for applications for low-income housing tax credits as well as federal and state historic tax cred- its for rehabilitation pro- jects by Gronen Adaptive Reuse, upon motion received and filed. Civil Service Commission: Civil Service Commission submitting the certified list for the position of Water Meter Repairworker I, upon motion received and filed and made a matter of record. Business License Refund: Request of Eagle Food Centers, Inc. (2050 John F. Kennedy Road) for a refund of their cigarette license in the amount of $50.00, upon motion received and filed and approved refund. Business Licenses: Buol moved adoption of Resolu- tion No. 38-03 Granting the issuance of a Class "B" Beer Permit to Happy Joe's Ice Cream and Pizza and a Class "C" Beer Per- mit to IOCO Speede Shoppe #93, Big 10 Mart Car Wash and Aldi #30 and Resolution No. 39-03 Granting the issuance of a Class "C" Beer/Liquor License to Yen Ching Restaurant and Bridge Restaurant; and a Class "E" Liquor License to Aldi #30. Seconded by Michal- ski. Motion carried 7-0. ITEMS TO BE SET FOR PUBLIC HEARING Cooper Development Company, LLC-Tax Incre- ment Financing: City Man- ager recommending approval of Cooper Devel- opment Company's appli- cation for Property Tax Rebates for Historic Prop- erties and that a public hearing be set for Novem- ber 17, 2003 and commu- nication from the Historic Preservation Commission recommending approval of Cooper Development Company's application for Property Tax Rebates for Historic Properties, upon motion received and filed. Cline moved adoption of Resolution No. 440-03 Fix- ing the date for a public hearing on the issuance of Urban Renewal Tax Incre- ment Revenue Obligations and a Property Tax Rebate Agreement relating thereto with Cooper Development Company and providing for publication of notice there- of and setting public hear- ing for 11/17/03 at a meet- ing to commence at 6:30 P.M. in the public library auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Nichol- son. Motion carried 7-0. Heritage Trail Extension Project from the Heron Pond Wetlands to the Dubuque Jaycees Trail: City Manager recommend- ing initiation of the bidding process for the Heritage Trail Extension Project from the Heron Pond Wet- lands to the Dubuque Jaycees Trail and setting a public hearing for Decem- ber 1, 2003, upon motion received and filed. Cline moved adoption of Resolu- tion No. 441-03 Preliminary approval of plans and specifications; Resolution No. 442-03 Fixing date of hearing on plans and spec- ifications for 12/1/03 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 pre- scribed by law and Reso- lution No. 443-03 Ordering bids. Seconded by Nichol - eon. Motion carried,7-&. rDisposttion of ReahProp= erty to Riverside Baseball, LLC: City Manager roril- mending adoption of a res- olution initiating disposition by lease of real property and improvements located in the Port of Dubuque (Ice Harbor Urban Renewal District) to Riverside Base- ball, LLC., upon motion received and filed. Cline moved adoption of Resolu- tion No. 444-03 (1) Approv- ing the Minimum Require- ments, Competitive Crite- ria, and offering Proce- dures for Disposition of Certain Real, Property and Improvements in the Ice Harbor Urban Renewal District; (2) Determining that the Lease submitted by Riverside Baseball, LLC satisfies the offering. requirements with respect t:5 the real property and improvements and declar- ing the intent of the City Council to approve the Lease with Riverside Base- ball, LLC in the event that no competing proposals are submitted; and (3) soliciting competing pro- posals, setting a date for a Public Hearing on Decem- ber 15, 2003 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. Seconded by Nicholson. Motion carried 7-0. Authorization of a Loan Agreement and Issuance of Not to Exceed $15,000,000 General fund Capital Loan Notes: City Manager rec- ommending adoption of a Resolution Fixing Dates for Meetings: for discussion of authorization of a Loan Agreement and the issuance of not to exceed $15,000,000 General Fund Capital Loan Notes of the city of Dubuque, Iowa and providing for Publication of Nctice Thereof, upon motion received and filed. Cline moved adoption of Resolution No. 445-03 Fix- ing dates for meetings on the authorization of a Loan Agreement and the issuance of not to exceed $15,000,000 General Fund Capital Loan Notes of the city of Dubuque, Iowa and providing for publication of notice thereof and setting this for discussion and Public Hearing on Nevem- ber 17, 2003 at a meeting to commence at 6:30 P.M. in the Public Library Audi- torium and that the City Clerk publish notice in the manner prescribed by law and also setting the date of December 18, 2003 at 4:30 P.M. in Conference Room "B" City Hall, 50 W. 130 Street, for the pur- ge, a of taking additional action and that the City Clerk publish notice in the manner prescribed by law. Seconded by Nicholson. Motion carried 7-0. BOARDS/COMMISSIONS Appointments to the fol- lowing Boards / Commis- sions: ENVIRONMENTAL STEWARDSHIP ADVISO- RY COMMISSION: (One youth member for a one- year term and two 3-year terms through 10/1/06): Applicants: Stephanie Beecher (Youth); Andrea Bixler, Joseph D. Suarez. Markham moved that Stephanie Beecher be appointed to the Youth position which will expire 6/1/04 and that Andrea Bixler and Joseph D. Suarez be appointed to three year terms which will expire 10/1/06. Seconded by Connors. Motion carried 7-0. HISTORIC PRESERVA- TION COMMISSION: (One unexpired term through 7/1/05 for Old Main Dis- trict; two 3-year terms through 7/1/06 for At - Large) Applicants: James E. Gibbs (At -Large); Matthew Lundh (At -Large); Angella Marlatt (At -Large); David C. Stuart (At -Large) Upon vote, James E. Gibbs and David C. Stuart were appointed to three year terms which will expire 7/1/06. PUBLIC HEARINGS Upon motion the rules were suspended to allow anyone present to speak. Sale of City Property - Medical Associates Subdi- vision: Proof of publication on notice of hearing to consider a request from Oak Park Place of Dubuque, LLC, the devel- oper of Lot 10 of Medical Associates Subdivision, to purchase Lots 1, 2 and 3 of Medical Associates Subdi- vision and City Manager recommending approval, upon motion received and filed. Bob Hartig, representing Oak Park Dubuque LLC, spoke requesting the sale of this property. Markham moved adop- tion of Resolution No. 446- 03 Disposing of City inter- est in Lots 1, 2, and 3 of Medical Associates Subdi- vision No. 3 in the City of Dubuque, Iowa. Seconded by Nicholson. Motion car- ried 7-0. 2003 Local Law Enforce- ment Block Grant Funds: Proof of publication on notice of hearing to consid- er acceptance of the 2003 Local Law Enforcement Block Grant award and City Manager recommend- ing approval, upon motion received and filed and approved recommenda- tion. Upon motion the rules were reinstated limiting discussion to the Council. ACTION ITEMS Special Election on Capi- tal Improvements Reserve Fund and Levy: City Man- ager recommending that a special election on the establishment of a Capital Improvement Reserve Fund and levy for a base- ball stadium be approved for December 16, 2003 and communication from Dubuque Main Street in support of the special elec- tion, upon motion received and filed. Buol moved adoption of Resolution No. 447-03 Calling for a special City election on the propo- sition of establishing a Capital Improvements Reserve Fund and levying an annual tax for such fund. Seconded by Markham. Motion carried 7-0. Vision Iowa Application: City Manager recommend- ing approval of the submis- sion of a Vision Iowa appli- cation in the amount of $3.6 million for a baseball stadium, upon motion received and filed. Cline moved adoption of Resolu- tion No. 448-03 Authoriz- ing the filing of a Vision Iowa Application and com- mitting the local match for the project. Seconded by Nicholson. Motion carried 7-0. Library Board of Trustees: Communication from Thomas A. Tully, President of the Camegie-Stout Pub- lic Library Board of Trustees, requesting a work session with the City Council to discuss the pro- posed Library renovation / restoration projt..^t. 1-pun motion received and filed and directed the City Man- ager to schedule a work session after 1/1/04 and before the budget process begins. Chestnut Street (Highland to Cox) Reconstruction - Project (Tabled ' on 10/20/03): Upon motion this matter was removed from the table. Communi- cation from the Historic Preservation Commission regarding the Chestnut Street Reconstruction Pro- ject and City Manager rec- ommending award of the contract for the Chestnut Street (Highland to Cox) Reconstruction Project to WC Stewart Construction Co., in the amount of $471,823.09, offering to leave trees if a lien waiver is signed, and requesting Council direction on brick crosswalks and the lime- stone curb and gutter, upon motion received and filed. Buol moved adoption of Resolution No. 449-03 Awarding contract to WC Stewart Construction Co. allowing trees targeted for removal to stay if the prop- erly owner signs a lien waiver; and allowing the installation of limestone curb and gutters at the poperty owner's expense. Seconded by Connors. Motion carried 7-0. Warehouse Demolition Districts: Communication from the Historic Preserva- tion Commission request- ing City Council direction regarding Warehouse Demolition Districts, pre- sented and read. Chris Olson, Vice President of the Historic Preservation Commission, explained the request. Upon motion this matter was tabled until completion of the down- town master plan. Street Banners in Historic Districts: Communication from the Historic Preserva- tion Commission request- ing that in the future the Commission be allowed to serve as an advisory design review body to the City Council on the design, size and composition of street banners located in the historic districts, upon motion received and filed and referred to Staff. Legislative Issues: City Manager recommending approval of the City of Dubuque's 2004 Legisla- tive Issues, upon motion received and filed agd approved recommenda- tion. U.S. Department of Hous- ing and Urban Develop- ment: Communication from the U.S. Department of Housing and Urban Devel- opment advising that the City's overall progress for Program year 2002 was successful, upon motion received and filed and con- gratulated City Staff. Awards: International Economic Development Council 2003 Honorable Mention Partnership Award presented to the City of Dubuque in recognition of the America's River Part- nership; Communication from the National League of Cities congratulating the City of Dubuque on win- ning Honorable Mention in the Partnership category of the 2003 Economic Devel- opment Awards presented by the International Eco- nomic Development Coun- cil . and communication from the Iowa Ready Mixed . Concrete Association advising that the Mississip- pi Riverwalk Phase II pro- ject has been selected as the recipient of the Recre- ational Trails/Golf Cart Pettit tatelgory Award for 2003, .upon motion received and filed. COUNCIL MEMBER REPORTS Nicholson advised that the January 19th Council meeting will conflict with the presidential caucuses. Upon motion it was decid- ed that the time of that meeting be changed to commence at 3:00 P.M. PUBLIC INPUT Katie Krieg, President of Dubuque Initiatives, dis- tributed the press release about the proposed base- ball stadium. Walt Pregler, 2966 Shiras, representing the Dubuque Boat Club, questioned whether the relocation of the* maintenance shop of the Water Department would result in eminent domain and loss of busi- ness in the area around the boat club. City Manager Van Milligen responded that this was not the case. At 7:56 P.M. upon motion it was resolved to go into Closed Session - Pending Litigation - Chapter 21.5(1)(c) 2003 Code of Iowa. At 8:27 Council recon- vened Regular Session stating staff had been given proper direction. There being no further business, upon motion meeting adjourned at 8:28 P.M. /s/ Jeanne F. Schneider, CMC, City Clerk 1t 11/12 STA DIJI I, Sher corpor publis] certify dates: Subscr this 1