Proof Council Minutes 8 2 04
Issue payment, upon mo-
tion received and tHed and
concurred and Finance De-
partment to Issue propar
check,
Cmporatlon Counsel rec-
ommending denial of the
claim of Henry Haas, Jr.
~~t:;;~'~~~e1:.;:;a~~d u~~
and concurred.
City of Asbury - Annexa-
tion Update, Communica-
tion from Richard A. Ander-
son, Maym - City of As-
bury, providing an annexa-
tion update, upon motion
received and flied.
2004 Local Law Enforce-
ment Block Grant Applica-
tion, City Manager recom-
mending approval of the
submission of the Police
Department's 2004 Local
Law Enforcement Block
Grant application, upon
motion received and filed
and approved recommen-
dation.
Ice Harbor Pump Auxili-
ary Power Project City
Manager recommending
I acceptance of the Ice Har-
bor Pump Auxiliary Power
Project as completed by
Portzen Construction In
the final contract amount
of $69,395, upon motion re-
ceived and tHed. Buol
moved adoption of Resolu-
tion No. 296-04 Accepting
Improvement and Resolu-
tion No. 297-04 Approving
final contract amount.
Seconded by Connors.
Motion carried 7-0.
Fourth Zone Water Tower
i ~~~~~~~tlO~~~°i,"~~n~~~
acceptance of the Fourth
Zone Water Tower Con-
struction Project as com-
pleted by Landmark Struc-
tures "L.P. In the final
contract amount of
$1,234,770.11, upon mo-
tion received and flied.
Buol moved adoption of
Resolution No. 29B-04 Ac-
cepting Improvement end
Resolution No. 299-04 Ap-
proving final contract
amount. Seconded by
ConnorS. Motion camed
7-0.
Workers' Compensation
Excess Insurance, City
Manager recommending
epproval of the continua-
tion of Safety National as
the City's excess workers'
compansatlon cenier effec-
tive July I, 2004 and an in-
crease of the se~-Insured
retention to $450,000,
upon motion received and
tHed and approved recom-
mendation.
Burlington Trallways Con-
tract City Manager recom-
mending epproval of an In-
dependent Commission
Agency Contract betwesn
the City of Dubuque and
Burlington Trallways upon
termination of the' Grey-
~~i~n ~~el~~di~'d u~~
and approved recommen-
dation.
Enterprlse Zone Contract
for Gronen Adaptive Reuse
LLLP, City Manager redom-
mending approval 01 a
Housing Enterprlse Zone
Program Agresment by
and among the Iowa De-
partment of Economic De-
velopment, the City of Du-
buque, and Gronen Adap-
tive Reuse LLLP, related to
the redevelopment of prop-
, ertles In the 1000 block 01
Main Street, upon motion
received and tHed. Buol
moved edeptlon of Resolu-
lion No. 300-04 Approving
a Housing Enterprise Zone
Program Agresmenl by
and among the Iowa De-
partment of Economic De-
velopment, the City of Du-
buque, and Gronen Adap-
tive Reuse, LLLP.
Seconded by Connors.
Motion carrled 7-0.
Jackson StreetlWest Lo-
cust Street Resurlaclng
Project' City Manager rec-
ommending acceptance of
the Jackson StreetlWest
Locust Street Rssurlaclng
Project as completed by
, River City Paving, a Divi"
, sion ~f Mathy Construction
. Co., In the final contract
amount of $1,162,3BI.33,
upon motion received and
flied. Buol moved adoption
of Resolution No. 301-04
Accepting improvement
and Resolution No. 302-04
Approving final contract
amount. Seconded by
Connors. Motion cerrled
7-0.
Port of Dubuque Building
Demolition and Clesrance
Project, City Me- rec-
ommending acceptance of
the Port of Dubuque Build-
ing Demolition and Clear-
~~br"J.e;~~ "C:;'"o~~~
tlon Company in the final
contract amount of
$91,500, upon motion re-
ceived and filed. Buol
moved adoption of Resolu-
tion No. 303-04 Accepting
improvement and Resolu-
tion No. 304-04 Approving
final contract amount.
Seconded by Connors.
Motion carried 7-0.
Downtown Master Plan,
City Manager transmitting
the Citizen Guide for the
Downtown Master Plan,
upon motion received and
tHed.
Adams Strest - Plat of
Survey, City Manager r.c-
ommending approval of
the plat of survey showing
the recently-surveyed
Adams Street and Bodega
Strest between East 5th
Street and Ice Harbor
Drive (formerly East 4th
Street), upon motion re-
ceived and filed. Buol
CITY OF DUBUQUE,
IOWA
COUNCIL
, PROCEEtIINCI8
OFFICW.
~..
PIIIguIIr
,i.""
Gillespie Street forthe plan-
ned expansion 01 the West
32nd Street detantion ba-
sin, upon motion received
and filed. Buol moved
adoption of Resolution No.
~~~~.Ag'~:n~s:~::' i~:
cated at 775 GIllespie
Strest In the City of Dubu-
que. Seconded by
Connors. Motion carried
7-0.
Quarterly Investment Re-
port, City Manager submlt-
tlng the June 20, 2004
Quarterly Investment Re-
port as prescribed within
~~~"Þ~I:~u~~~~i;~nv,eit
"Reporting," upon motion
received and flied.
Iowa Department of Eco-
nomic Devalopment Com-
munication from the Iowa
Department of Economic
Development congratulat-
Ing the City on the success-
ful completion of the Com-
munity Economic Better-
ment Account (CEBA) Pro-
~~~:::s, w~~nsw~sg,'O~al~~~
celved and tHed.
Business LIcenses, Buol
moved adoption ot Resolu-
tion No. 307-04 Granting
the Issuance of two renew-
al licenses to sell ciga-
;~tt~~c~~;$~~~~ef~:~~
agement and Hammer-
heads Bar and Grill; Reso-
lution No. 30B-04 Grant-
Ing the Issuance of a Class
'c" Beer Permit to Sid's
Beverage Store; and Reso-
lution No. 309-04 Grant-
Ing the Issuence of a Class
'c" Besr/Llquor LIcense to
Clarke College and
Shannon's Bar and Grill; a
Spacial Class 'c" LIquor LI-
cense to Bell Tower Pro-
ductions; and a Class 'B"
Wine Permit to Sid's Bever-
~~~n~~' M~~~n~:~I~
7-0.
ConAgra Food., City
Manager recommending
approval of a request from
ConAgra Foods to con-
struct two storage tanks
and a building to be used
for the storage and trans-
fer of liquid fertilizer on
ß'ti:'o;'öu~~~, ~~o'"n ~~~
tlon received and tHed and
recommendation approved
with the Inclusion of specif-
Ic language In the agree-
ment with r;;¡>ards to the
ar~::nig B~~~~~R
PUBLIC HEARING
The f""owlng Item was re-
Pr~dr f'å~y~~~ A~~~~t
Agresment City Manager
recommending that a pub-
lic hearing be set for Au-
gust IB, 2004 to consider
disposing of an interest in
real proparty et the Water
Pollution Control Plant for
the Instellatlon of an oxy-
gen generating and liquid
oxygen storsge facility by
Praxalr, Inc; and Resolu-
tion of Intent to dispose of
an Interest In real property
at the Water Pollution Con-
trol Plant by agreement
with Praxalr, Inc., a Dela-
ware Corporation.
Villa Street Retaining Wall
2004 Reconstruction Proj-
ect - Initiate, City Manager
recommending Initiation of
the bidding process for the
Villa Street Retaining Wall
2004 Reconstruction Proj-
ect .nd th,at a p"bllc hear-
Ing be sat for September
7; 2004, upon motion re-
ceived and filed. Michalski
moved adoption of Resolu-
tion No. 310-04 Prelimina-
ip:'¡'~ti~~s~f ß~~;,u~~~
No. 311-04 Fixing date of
hearlng on plans and speci-
fications for Tuesday,
:~~~ a~te6':'i~tp.~to,~Oth~
public library auditorium
and that the City Clerk pub-
lish notice In the manner
prescrlbed by law and Res-
olution No. 312-04 Order-
Ing bids. Seconded by
Connors. Motion carried
7-0.
Port of Dubuque Storm
Sewer Extension Project -
Initiate, City Manager rec-
ommending Initiation of
~;rtbl~~ing~~~~~~ fg;¿~
Sewer Extension Project
and that a public hearing
be set for September 7.
2004, upon motion re-
ceived and flied. Michalski
moved adoption of Resolu-
tion No. 313-04 Prelimlna-
:ipe~~~s~f ß~~;,u~~~
No. 314-04 Fixing date of
hearing on plans and speci-
fications for Tuesday,
~~~~~ a~," :i~t~~toi~~h~
~~~'~~at'~~~aa:ty ~~~~O~'~:;;
lish notice In the manner
prescrlbed by law and Res-
olution No. 315-04 Order-
~~nnb~~; MSo':~~n~~rle~
7-0.
Heron Pond Fishing Pier
Construction Project City
Managerrecommendlng in-
Itiation of the bidding proc-
ess fm the Heron Pond
Fishing Pier Construction
Project and that a public
hearlng be set for Septem-
ber 7, 2004, upon motion
received and filed.
Michalski moved adoption
of Resolution No. 316-04
~r:~~i~~;¡' s~3¡'~~~:on~f
Resolution No. 317-04 Fix-
Ing date of hearing on
plans and specifications
for Tuesday, 9n104 at a
meetino to commence at
00.
00.
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log City, Council directk
=-~~;
three ~ and Coul
direction - given ~
=~~'
:=:.. ":f'ì-":9:
not"'-"', that tho
STATE OF IOWA
DUBUQUE COUNTY
{SS:
CERTIFICATION OF PUBLICATION
I, Kathy Hefel-Goetzinger, a Billing Clerk for Woodward Communications Inc
~ Iow~ corpor~tion, ~ublisher of the Telegraph Herald,a newspaper of gen~ral "
cIrculatIOn pubhs?ed In the City of Dubuque, County of Dubuque and State of
Iowa; here,by certIfy that the attached notice was published in said newspaper on
the folloWIng dates: August 11, 2004, and for which the charge is $228,91.
~dUI ç¡¡¿(p- a~ 1;'L(/LU
I I (j
Subscribed to before me, a otary Public in and for Dubuque County Iowa
this /.3œ day of ,204" ,
7?Þlr;/~~~d/.J
otary Public in and for Dubuque County, Iowa,
Drlve (Iormerly East 4th
Street). upon motion re-
ceived and filed. Buoi
moved adoption of Reso1u-
~f~ ~f' ~~2: ~~~~
Strest, the easterly line of
BodegaStrest, the souther-
~h~'~:~e~~n:i~fh,C~~:::
be< Drlve and Lot B of Lot
11 in Industrlai Subdivision
No.2 all in Ihe City of Du-
~~oi". ~.;:~~
7-{¡.
Heron Pond Fishing Pier -
2BE Agnaement' City Man-
ager recommending appro-
val of an emendment to
~: ~:a =:'.ntW~
Natural Resouroesfmfund-
Ing fm the Heron Pond
~~I~ ;':i~'::¡j".:"nd u.r.~
and approved recommen-
dation. .
Kavanaugh Estate, City
Manager recommending
¥\"ø.644~ ~-=t ~
tho_of~
~.=='~
~ of tho KeyUne
- upon motion re-
- and tiled and ap-
---- .
..-~ of ~
CIty ~ I'ØCOII1Ii1end-
ing -- of tho P\>'-
chase of a - dwei~
!no owned bv TIm and VIe-
~n~~y, sw,)~a~n~
meeting to commence at
6,30 P.M. In the public li-
brary auditorlum end that
the City Clerk publish no-
tice In the menner prascrl-
bed by law and Reso1utlon
No. 31B-04 D<derlng bids.
Seconded by Connors.
Motion cerrled 7-{¡.
BOARDSlCC__ONS
a.;r~~.:sc~~~~~ed~~
ing their desire to serve on
the following Cmnmls-
sions,
AIrport Commission (One
~~~.:' ~erm t";;;rou"o",
Goodmann); No one
spoke. Applicant' Tori
Hawks Goodmann
Long Range Planning Ad-
visory Commission (One
vacant three-year term
through 711/07), Applicant
James Prochaska. No one
spoke.
App"'ntments to the fol-
lowing Boards I eommls-
sIèns~ ~
Commission (Old Maft -
~; v:., ~
-'_711106); ~
plIcant8:Ät'~
Loney Bicheil. .
Goon (AppiIcanI Matt
lundh ~ that his
_bs_)
UPon vole. Mer)' Loney
- - ..sppoint8d to
At-large term which will
"t~~ofTrustess
(Ons three-year term
through 7130107)' Appli-
cant, Don Stedman. Upon
motion Don Stedman was
reappointed to a thres year
term to expire 7130107.
'puBLIC HEARINGS
Petition for Landmark Sla-
'tus - 1339 Aita Vistao
Proof of publication on no-
tice of hearing 10 consider
a request from David
Moessner and Jeanne
Stevenson-Moessner to
have their proparly located
at 1339 Aita Vista Street
designated as a City Oocal)
landmark; communication
from the State Hlstorlcel
Society of Iowa advising
that the application submlt-
led Is Incomplete; and His-
torlc Preservstion Commis-
~n p~mh':ri~~nl!,. t~~
bled and the State's of Io-
wa lett... referred to the
Cømmlsslón; Lon8om~
:tr=~ A
or tho roquest '3 DavkI
- and .-
_to
- - proparty -
al1S39 A/tà VIsta iIosIgnst-
... as . CIty (local) L.anØ-
IIiIo1< and an OrdInance
Amanding Chapter 25
=.,:, Preeervation
~..._-~.1.~~
cas by amending SectiO<t I
25-6ldentllication and Des-
Ignation of Landmarks,
Landmark Sites and Histor-
Ic Districts to include the
structure at 1339 Aita Vista
Street as e City Landmark,
upon motion labled and re-
ferred beck to the Historic
Preserv_n Commission,
Upon m_n the rules
were suspanded to allow
anyone present to spesi<.
Greater Downtown Urlban
Renewal District Amend-
men" Proof of pubilcetion
on notice of hearing to con-
sider amending the Urban
Renewal Pian for the Great-
er Downtown Urlban Re-
newal District to identify
the Steaith Rece Car prop-
arty as e possible ecquisi-
tion site and City Manager
recommendin~ appI'OV8i
and cmnmunlCetion from
the Long Range Planntng
AdviSOry Commission in
~::,oÆ:"'c,m~ :" tr.=.
town Urbon Renewal Die-
=:Jan;"T'~C:;
moved - of -..
lion No, 31- ~
:.0W""'=1.:. for :f:';
-,~ Urban I ,.d
Renews! Diatrk:l ,
Secondad bv Nlchoison.
Motion Canted 7-{¡,
Upon motion tho .....
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tlon District regulations
and requesting City Coun-
cil approval, upon motion
received and filed. Ordi-
nance No. 57-04 Amend-
ing Chapter 11 (Building
~~~~~~ ~~'b~\~e~~
ces regarding Demolition
Dlstrlcts, presented and
it~ I ;:~¡:'::~~f~~~ ~at~~~
posed D<dinance be con-
sidered end vat"" on for
passage at two Council
Mestlngspriortothemest-
ingatwhichltistobefinal-
Iy passed be suspanded
and further moved final
consideraton and passage
of the Ordinance.
Seconded by Michetskl.
Motion cenied 7-0.
Hlstorlc District Public Im-
provernenl P"'IJrarn Appli-
cations, Histonc Preserve-
lion Commission recom-
mending approval of the
funding 01 two previously
~e"rfi~c ~~~
Pubiic ~ Pr<>-
e" - ~~ ::;
approved recommenda-
tion.
_and Cultulai Task
Faroe' Commu-
frottt tho Ar18 and Cultural
=~on~~
tho - end CI¡IIurai Task
F"""" praø1II!!O recom-
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ing City Council direction,
upon motion received and
filed and approved the first
three requests and Council
direction was given that
staff approach the Dubu-
que Racing Association for
funding through their grant
program and it this was
not successful, that the is-
sue of lundlng be brought
back to the Council for fur-
ther discussion.
Middle School Traffic
Signalization: City Manag-
er recommending approval
of the Dubuque Middle
SchocVRadford Road Traf-
fic Signaiiz_n project
and thai the C"I' enter into
a partnership With the Du-
buque Community School
Dlstrlct, upon motion re-
ceived and filed and ap-
proved recommendation.
Citizen Parttcipstion Pion
Amendment, City Manager
recommending approval of
an amendment to the Citi-
zen Participation Plan to re-
flect edmlnlstrative
chang... that have occur-
red slid to - tho --
lionolaaut>stenllol~
~=Ied~fchai:
:r~~,,~ ~=
tho CftØ\ f'WIIcipaIIon
Plsnbv~""--
ing plan end ~ e
=~I:"~
Com......,aly DeveIopnent
Block Grant (CDBG) Pro-
~~~olson, ~~~~
7-0.
Dubuque Community
School Distrlct Partner-
ship' City Manager re<om-
mending approval of a part-
nership with the Dubuque
Community School District
10 assist with financing con-
struction of a neighbe<-
hood reeouroe center at
the new downrown eismen-
~i~~d 'C' e~.';
proved recommendation,
Eagle Point Park Rock
Face' City Maneger recom-
mending approvai of the is-
suance of a Request for
:::-'d=:~ ~n~~:
gle Point Park rock bluff,
::'e:~.r~~~~
problems and a course of
action to remedy the prob-
lems, upon motion re-
ceived and filed and ap-
proved recmnmendatlon.
Piumt>ing Code 0Jdi-
- CIIy Mana¡jsr --
~'n=~"':
log COde (lJPC) pubilshed
bv tho InternatlonalAssoçl-
=~and==
liOn - and ':I, Or-
- No, 58-04 Of the
~:.~C:&
- ~ of.Dubu-
~~~e ~'Í<j.CM~Y
thereof and enacting a
new Section 37-1 thereof
partalning to revising and
reenacting a Plumbing
Code fm the City of Dubu-
que, Iowa and providing
fm the issuance of parrnlts
and co1lect1on of tees there-
fore, ~ and rood.
Buo1 moved thet the re-
~=th~=
and voted on for lISSage
at two Council Mestings
~~h ~ ~e tom:"~ai~:
~ ~:"!i""naJ:::
eraton and passage of the
gro,.:.:~~' ~
7-0,
Heating, AIr Conditioning
and Ventilating
(Mechanical) D<dlnance:
City Manager recommend-
ing adoption of the 2003 In-
ternational Mechanical
Code (IMC) published by
the In_not Code
Council. upon .-..
~ and tiled, 0nI-
_No,_Of""
=::=~&
.-.-. CIty aI. DI8-
:.r: =.~~
_.and ..-no .
new' SacIfoìI 24-1 -
~tos~
~ ~e ;,~ ~~~~g
for the issuance of parrnlts
and ooilection of fees Ihere-
fore, presented and read.
BuoJ moved that the re-
~~= t~ ~
and voted on tor passage
at two Council Meetings
~ ~ ~etom:'1nalf:
= =~=~
eration and passage of the
OrdInance. Seconded by
Connors, Motion cenied
7-{¡.
Fifth and Bell Street
~~(Th~o,R~~8!I
Amending the Cods ot Or-
dinances of the CIty of Du-
bu~ue, iowa, by modifying
Subsection (b) of Section
32-214 thereof providing
for the addition of stop
signs on East Fifth Street;
D<dinance No. BI-04
Amending the Code of Or-
dinances of lha City of Du-
~~a(b~ofm=
3U14 - poovtding'
filttho_otOlOP
:::~Øt8~~
!Irr-~M':: ~~
0rdIna0088 ÐI the City of
~~~=
tkin 32-218 - provtd-
'"', for .. -"'" of a
yield sign at the Intersec-
tion of East Rfth Stnaet
and Bell Street, wlttl first
reedings given on July 6,
2004, second readings giv-
en on July 19, 2004 and
now presented for finet ac-
tion. 8001 moved that this
be considered the Ihlnj
:g.fin¿'i ,:,~di~~~~
~=edby ~he c¡o.,~=g
vote, Yeas-Buo1, Connors,
Duggan, Markham. Nays-
Cline, Michalski,
Nicholson.
CCUNCIL MEMBER
REPORTS
Connors thanked the Po-
lice and Fire Departments
for the quick response to
the recent fire at the Arch-
diocesan building.
There being no turther
business, upon motion
meeting adjoumed at 7,5B
P.M.
Is! Jeanne F. Schneider,
CMC, City Clerk
118111