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Proof Council Minutes 7 18 05 ommending approval of an Application and Permit to Sponsor Highway Planting along IA 936 and US 52 with the Iowa Department of Transportation for the Gateway Landscaping Project, upon motion re- ceived and filed and ap- proved recommendation. Plat of Survey - Ridgeway Park: Zoning Advisory Commission recommend- ing approval of the plat of survey of Lot 1 - 9 and Lot 2 - 9 of Ridgeway Park, upon motion received and filed. Buol moved adoption of Resolution No. 323-05 Approving plat of survey of Lot1-9andLot2-90f Ridgeway Park in Dubu- que County, Iowa. Seconded by Nicholson. Motion carried 6-0. Tobacco Compliance - Civil Penalties for Tobacco Permit Holder: City Man- ager recommending ac- ceptance and approval of an AcknowledgemenV Settlement Agreement for Walgreen's, #0377 and the assessment of a $1,500 penalty for a second to- bacco compliance viola- tion, upon motion received and filed and approved recommendation. 409 Burch Street: City Manager recommending approval of the initiation of eminent domain proceed- ings for the property locat- ed at 409 Burch Street; communication from Jo- seph Bitter requesting that the City delay any further action regarding the prop- erty at 409 Burch Street, and a Resolution authoriz- ing the acquisition by emi- nent domain of certain real property at 409 Burch Street, Dubuque, Iowa, owned by John White. upon motion tabled for two weeks. John White. owner of the property. spoke re- questing additional time for repairs and urged Council to visit. Iowa Department of Pub. lie Health Childhood Lead Poisoning Funding and Agreement with the Visit- ing Nurse Association and City Manager recommend- ing approval of a contract with Dubuque County Board of Health for contin- ued funding of the Child- hood Lead Poisoning Pre- vention Program (CLPPP) and a renewed agreement with the Visiting Nurse As- sociation for services relat- ed to the CLPPP, upon motion received and filed. Buo! moved adoption of Resolution No. 334-05 Au- thorizing the City Manager or his designee to sign a contract with the Dubuque County Board of Health and an agreement with the Dubuque Visiting Nurse Association. Seconded by Nicholson. Motion carried 6-0. Civil Service Commis- "8ion: Civil Service Com- mission submitting the certified list for the posi- tions of Water Pollution Control Plant Operator, lead Applications/Network Analyst, Fire Equipment Operator, Fire Lieutenant, Fire Captain, Assistant Fire Marshal, Emergency Man- agement Supervisor, As- sistant Fire Chief and Med- ical Officer, upon motion received and filed and made a matter of record. Ice Harbor West Road and Trail Construction Project: City Manager rec- .ommending acceptance of C8pting Im~'and the Ice Harbor West Road A8SOIutioIl No.3)~ ~and Trail Construction ~-:-'II.[ .~" iProject as completed by .~~ $1,~ iTschiggfrie Excavating Co. ~, by. NIChOtsOil. In the final contract ~. 'amount of $1,834,271.51, .~ ., . .'. ue Recon- upon motion received and Uftftft...i, "~. Qject~:='::':__...ii City.::~. filed. Buol ~oved adoption ,.....'"'V'" """"""""....IV of Resolution No. 325-05 aecepIanee of ttleFremqnt '.Accepting improvement Avenue ReconstructIon and Resolution No. 326-05 Project as com~by . Approving final contract WC Stew~ Constructlcn iamount of $1,834,271.51. ~y In the final (l()I1. ;Seconded by Nicholson. tl8Ct", . amount . 'of !Motion carried 6-0. ~~59 and approv- Purchase of Property - q,.. ~mill8lY sched- 503 Rhomberg Avenue: uIIl-Of ~ ~ City Manager recommend- upon motion received and Ing approval of the pur- flied. BuoI moved ado Ion ase of a residential d' ~ .... dwelling located at 503 AcoeptIng improvanlant; Rhomberg Avenue as part AesoIutiOil No. 320-()5 Ap- of the acquisition program proving final GOntriIct associated with the Bee ~....... of of. :Ii S670.143~..; Branch Creek Res~oration ~~ No, 321'-05 Project, upon motion re- .......,the pr8IIminayceived and filed. Buo! :J1.!~ -== moved adoption of Reso- ~.. . by lutlon No. 327-05 Approv- ~Motion CBried 8-O'of Ing the acquisition of real U.S. Department estate located at 503 Houslng and ~ ~- Rhomberg Avenue in the opment - E~", """..,... City of Dubuque. opment Initiative Grant Seconded by Nicholson. City Maoager recommend- Motion carried 6-0. ing approval of the CeI!'..:; Granger Creek Sewer _ ,of Completion........ Connection Fees: Commu- Grllnt C~~ n1cation from Charies Klein, ment forJhe <;"U'IUI............. 9634 Maquoketa Drive, in E. .'.. Initiative Grant opposition to the proposed .1tle U.S. Depertmant Granger Creek $ewer of g and Urban De- Connection Fees, upon veIopment for land ~ls- motion received and filed. Itlon and cleenup In the City of Dubuque 2005 Pot:t of ~, UPQII Annual Report: City Man- motion received and filed. ager submitting the City's Buol ITlCMId ~ of 2005 Annual Report, upon RIIlIOIution ~~~of- motion received and filed ~':-...;.,.J:'>~ '"~ approved recommen- '"""",,,~~~ dation. ancf_~ .....,.-- 2006 Fireworks Display: mant to the Department of Request of the Dubuque Housing and Urban Oeval- Jaycees, KDTH, KATF, opmenl Seconded by NIcb-' KGRR and The River to olson. Motiol'l ~&.e. conduct a fireworks dis- u~ of. 10wll ~y on Monday, July 3, ~~ ....?~_.?.." ~~!~~~~~aR~~~ <':":'\":'t~.',, .J:; ;_i~~l S4IIIIonI. July . ,l!OP5' Councit ~ Sc\lI!IIOI). . .M , CouncH Members uoI, CIIrle, Connors. Markham. ~Ukian~ CounlllUJndahl Abeent: Council Member Michalski ~ Duggan I'tllId the CIIIII\_ stated thlsls a nlOuIIf',.JIIlSSIon of the City I. ~1laJ1ed for the pur- pose of di8cussing such mattlll'8 which may proper- ly come befoI8the CouncIl. InvocatIOn was given by Reverend VictOr st. George. Pastor.. St. Milt- thew1.utharan Church. . PROClAMATIONS: Du- ~'.County Fair Weak ~2't- July 31. 20(5) ~,by Shannon (~ ~ for Stu- ..... '(.II,l1y and Auaust, "2105), NC:eiYed by Gilda Schmitt of St. Mn's ComI1Iunlty Center; CIty of Promise received by Jane Steele. : CONSENT ITEMS Mli'1utes. and Repor'Is Submitted: City C<luncII of 7/5; Civil Service Commls- tilon . of 5126; Enterprise Zone Commission of 8/27; ~;. RIahts Commls- $kw,'1:jf eft3; Park and Recreation Commiallion of 6114, up0ll motion re- ceived and flied. Proof of pubIicatlon of Ust of CIIlIms and .Summary of RevenlMS for the month ended May 31. 2006. and City Council Proceedings of June 20, 2005. upon moI!:ln raceived and flied. FtKiInca DIrector submlt- E.... ...~..,........'...,CIty of DubUqUe Reports for the ... ... . ending June 30. ~. upon motiOn . re- ceived and flied. Fourth Quarter Report of the Substance Abuse Services Center for FISC8l Year 2005. upon motion. received and filed. . Notice of ClalmslSul1s: Yolanda Feldman-Brauar for' " propetty damage; ~ A. Cilrew for par- ~..~ Barbara M. DIlDiJJ t'Or vehicle. damage; CoMe' Jones for property damage; David J. WeIu fOr vehicle damage,Upon m0- tion nlCIIived and tiled tm ref!fl'Id to Legal. for inves- ~Str.et ConstructiOn Project: City Manager lllC- ommanding acceptanc8 of the Bell Stnlet. CcnItJ\Ic- tIon~. ..~ byby. T~.. EllcavatIng, ~ In the final con- . .. '.amount of .1,804.452.08. upon m0- tion received and filed. BooI moved. adoPtIOn of Resolution No. 317-05 AI>- versity Avenue Extension Project - Phase II, which was bid through the Iowa Department of T ransporta- tion. . and that a public hearing be set for August 1, 2005, upon motion re- ceived and filed. Connors moved that the communi- cation be received and filed. Seconded by Markham. Motion carried 7-0. Connors moved adoption of Resolution No. 331-05 Preliminary appro- val of plans and specifica- tions; Resolution No. 332- 05 Fixing date of hearing on plans and specifica- tions for 8/1/05 at a meet- ing to commence at 6:30 P.M. in the pUblic library auditorium and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Mark- ham. Motion carried 6-0. Great River Road Inter- pretive Signage Project: City Manager recommend- ing initiation of the public bidding process for the Great River Road Interpre- tive Signage Project and that a public hearing be set for August 15, 2005, upon motion received and filed. Connors moved adoption of Resolution No. 333-05 Preliminary appro- val of plans and specifica- tions; Resolution No. 334- 05 Setting date of hearing on plans and specifica- tions for 8/15/05 at a meeting to commence at 6:30 P.M. in the public li- brary auditorium and direct the City Clerk to publish notice in the manner pre- scribed by law and Reso- lution No. 335-05 Ordering bids. Seconded by Mark- ham. Motion carried 6-0. Kerper Boulevard Indus- trial Park Economic Devel- opment District: City Man- ager recommending ap- proval of a Resolution of Necessity that begins the process of amending the Urban Renewal Plan for the Kerper Boulevard In- dustrial Park Economic Development District and that a public hearing be set for September 19, 2005 to consider the new plan, upon motion re- ceived and filed. Connors moved adoption of Reso- lution No. 336-05 Of Ne- cessity finding that an amendment to the Urban Renewal Plan for the Ker- per Boulevard Industrial Park Economic Develop- ment District is necessary in the interest of the resi- dents of the City of Dubu- que, Iowa and set this for public hearing on 9/19/05 at a meeting to commence at 6:30 P.M. in the public library. auditorium and di- rect the City Clerk to pub- lish notice in the manner prescribed by law. Seconded by Markham. Motion carried 6-0. BOARDS/COMMISSIONS Applicants are invited to address the Council re- garding their desire to serve on the following Commissions: TV Cable Regulatory Commission (One unex- pired 3-year term through 6/30/07 and two 3-year terms through 6/30/08 - terms of Tigges and Web- ster) Applicants: Ronald Tigges, Walter Webster No one spoke. TV Cable Community Teleprogramming Com- mission (Two 3-year terms through 6/30/08 - terms of Everist and Hoverman, one unexpired term through 6/30/06 and one unexpired term through 6/30/07) Ap- plicants: George P. Herrig, Sr. Carol Hoverman Mr. Herrig spoke request- ing consideration for appointment. PUBLIC HEARINGS Upon motion the rules were suspended to allow anyone present to address the Council. Unks Glen Residential De- velopment: Proof of publi- cation on notice of hearing to consider rezoning prop- erty located in the 300 block of Wartburg Place from R-1 Single-Family Residential District to PUD Planned Unit Development with a PA Planned Resi- dential District designation as requested by Tim Conlon/Conlon Partners and Zoning Advisory Com- mission recommending approval, upon motion re- ceived and filed. Keith Gaherty of Conlon Construction spoke clarify- ing their plans for this re- quested rezoning. Ordinance No. 45-05 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassify- ing hereinafter described property located In the 300 block of Wartburg Place from R-1 Single-Family Residential District to PUD Planned Unit Development District with a PR Planned Residential District Desig- nation and amending Ordi- nance 23-96 and adopting a revised Conceptual De- velopment Plan, with con- ditions. for Links Glen Res- idential Development, pre- sented and read. Buol moved that the require- ment that a proposed Or- dinance be considered ~nn \Jntorl nn fnr ns:lqqs:ln~ ing award of the contract to Drew Cook & Sons Ex- cavating in the amount of $84,211.25, upon motion received and filed. Cline moved adoption of Reso- lution No. 339-05 Adopting plans and specifications and Resolution No. 340-05 Awarding contract to Drew Cook & Sons Excavating. Seconded by Connors. Motion carried 6-0. Upon motion the rules were reinstated limiting discussion to the Council. ACTION ITEMS Convention and Visitors Bureau - Quarteriy Report: Sue Czeshinski, Dubuque Area Chamber of Com- merce Convention and Visitors Bureau, to present quarterly report, upon mo- tion received and filed. Sue Czeshinski spoke Dubuque on the Move: Request of Christine A. Sinsky to address the Council regarding Dubu- que on the Move and re- questing a letter of support from the City, upon motion received and filed and ap- proved sending a letter of support. Dr. Christine Sinsky spoke clarifying the project. QHQ Properties: Com- munication from Tim Quagliano, QHQ Proper-: ties, requesting an exten- \ sion of time for sidewalk . installation on Asbury Road due to an anticipated ' closing and subsequent development of the prop- erty in question. Mayor Duggan tumed over con- trol of the meeting to May- or Pro-Tem Connors due to possible conflict of In- terest. After Council dis- cussion, Buol moved to re- ceive and file and to deny the request. Seconded by Cline. Motion carried 5-0. Alarm Monitoring Equip- ment: City Manager rec- ommending approval for the Emergency Communi- i cations Center to cease' providing monitoring of burglar and fire alarms ef- fective September 1, 2005, upon motion received and filed and approved recom- mendation. Final Plat - Indiana Sub- division: City Manager rec- ommending approval of the final plat of Indiana Subdivision located south of Pennsylvania Avenue and west of Born Avenue, upon motion received and filed. Buol moved adoption of Resolution No. 341-05 Approving the final plat of Indiana Subdivision in the City of Dubuque, Iowa. Seconded by Nicholson. Motion carried 6-0. Mediacom Cultural Affairs Charitable Foundation Board: Appointment by City Council of two repre- sentatives to the Mediacom Cultural Affairs Charitable Foundation Board, upon motion re- ceived and filed and di- rected the City Clerk to send a letter to former ap- plicants for the Arts and Cultural Affairs Advisory Commission and publicize this also on Channel 8, with interviews to be 8/1/05 and appointment on 8/15/05. Upon motion the follow- ing was removed from the table. Library Board of Trustees (Tabled from July 5, 2005 Meeting): Appoint- ment by the Mayor of one person to fill the vacancy of Jack Felderman on the Library Board of Trustees through July 1, 2009, upon motion received and filed and the Mayor withdrew the appointment. Second Ward City Coun- cil Seat: Communication from Corporation Counsel regarding the resignation of Council Member Roy Buol, the Second . Ward City Council Seat and the upcoming City Council election in November, upon motion received and filed and accept resigna- tion of Mr. Buol, with an appointment to fill his va- cancy on the Council to be made 8/1/05. COUNCIL MEMBER REPORTS Council Member Cline questioned the City's costs for taking someone's property by eminent do- main and questioned passing these costs on to the current owner. Council Member Nicholson commented on the finan- cial aid available to citizens to repair sidewalks on their property but noted there is none for new installation of sidewalks. He urged, and Council concurred by con- sensus, that an Ordinance be brought to the next meeting to address this is- sue. There being no further business, upon motion meeting adjoumed at 7:51 P.M. /s! Jeanne F. Schneider, CMC, City Clerk 1t 7/27 ' STATE OF IOWA DUBUQUE COUNTY {ss: CERTIFICATION OF PUBLICATION I, Bev Engler, 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: July 27,2005, and for which the C.h::lTOP ,'" ct,)()Ll l.h of ReIolution No. 319-05 {ss: CERTIFICATION OF PUBLICATION I, Bev Engler, 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: July 27,2005, and for which the charge is $204.36. ~.I Cr/~-- the' for c1intcal atte Usage, Tor the university of DubUqUe's =~~oC n approved 18CORIrnIltda- lion. ~~~: ~,a;.;;;~. 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