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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. - z 0 .... .... -< U .... ...¡ = ;;;¡ =- "'" 0 Z 0 .... .... -< U .... "'" ~ ¡;.¡ U ~ E-- <Z ~~ 00 ,.....U ~r;.¡¡ O~ r;.¡¡O E--~ <= E--~ oo.~ ~Irc~l ~U8181""~1;_~~ I~ rJJ. rJJ. - ~ E-- <z ~~ 00 ~u ~~ o~ ~o E--~ <= E--~ rJJ.~ z 0 ~ u ... ..;¡ = ~ =- f;ro. 0 z 0 ... ... -< u ... f;ro. ~ ¡.¡ u 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 ..... ~...:::~,.~- íI1 íI1 - z 0 .... ¡... -< U .... ..¡ = ~ =- ¡:,;, 0 Z 0 ~ U .... ¡:,;, ~ "" U " <= ..šê'õ~ ",' ¡L~ 1i . <= 0 OJ OJ- ,ß ~oo ~~ OJ 0.", ~ '" ,13 !) ê g ~ '" Q.. 0"" '" 8 OJ ",.¡;¡,~ 8 ~ 0" '" 0 0 ~.E ,5 ~ ug8iS-5 i OJ. 4-<.;J 0 ~.", o,~..<:: .",êç:g;; g d: § Q.. ,Ó! ~..<::8g¡~ "" §' . ~ "" <E:~g8<E: ... 0 O",~.", !) <> '" Õ <= - f- 15 <= "'. uoO"""" gf.,:; 4-< ~ g '~4-< 0 U '" :::3 0 ;>, $3 . i:c !) ,;:: ôj ::: OJ..<::uo- ii':§¿;-: ~ '" <= OJ '" <= Q..'~"<::-< '~ ¿ is :; 0; 0 o..<::'~ 0 c:J '~ ,~ 1:: ôj .2.::;:;:;8.", ~&[;>'gf 0 0 <= -£ .~ ::r: U 0 "" ~ OJ ":= ~ .,g .,:;~.$ ,.ë OJ.,g 13 ~ ~ ;><: <= ,!:i 0"<:: _.OjU_- ¿ ] >; § 0 u g.~ ~ ~I' 00 ""'" <E: § ,5 o. 8'õ ~ ;>, 0 OJ ¡~ .g ,~ 00":; 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- -snèl-- >< Eo-- <Z ~~ 00 ~U ~~ O~ ~O Eo--~ <= Eo--~ íI1~ 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