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
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