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Proof of Publication 7 2 07, LV 1 V - [8171N VI and ReisdorQ. Ap- ~, ~7u`Jgil IJIIVifgy, MIV11tltl1 ', Shubatt, Krlaten Smftfi. s: Stephen IAotion by Michalski to ap- rf, Gary Roden i Pl i Ad point Alan Avery, Susan Li d Mi h l Sh t tt ange ann - ~ n say, ae u xt , c Two Commission: Kristen Smith to 4-year ex- expired ter-rw gretl terms through Juy 1, i July 1, 2010 - $011. Seconded by of Winterwood and Connors. Holton carried 7- ;ska). Applicants: 0. iarles Winterwood, Mechanical Board: One Prochaska TU Ca- 3-year expired term Teleprogrammirig through March 18, 2009 lesion: (One 3-year I term. through June (Term of Cistsler): ~AApppplIi- cent: Todd Cielsler. Motion 10 -term of Everist). by Cw~nora to appoint rot: Burton Everist Todd 'Giesler to a 3-yesF Advisory Commis- ..expired, term through fwo 3-year expi ell hr 1, 210 h J l March 16, 20f~9. S d d by L h M oug u y ~ of Bird and Stiles). econ e ync . o- lion carried -0. mts: Eugene Bird, PWBIJC HEARINGS Iles. Applicants Eu- Upon motior- the rotes 3ird an41 Jeff Shies were suspended ~bwing in support of their anyone to address the City ~intmeM. Council. Intments were made Port of Dubuque Parking folbwing Boards/ l i 75 h A i Facilities Project• Proof of blic i n i f es ons: 1 t nn - Celebration Coor- pu at on on ot ce o hearing to consider the a Committee. Fif- plans and speCHicatfons, Member Ad Hoc ,form of contract, and esti- 'ttee, Temporary mated cost for the Port `of (1 High School Stu- Youn Professio- :' Dubuque Parking Faciities Project and City Mana er g Historical Society . g recarrxnending approval entetive, 1 -Chem- C ' and further recommending ~ ~ tri l h i d bid fi ommeroe Repro- i , e rev a t se data o /e, 1 Arts Commis- July 25, 2007 - be ap- t Telegraph Herald ~ ', proved. Motion ' by entative, 1 Educe- ~ Connors to receive and flle presentative, 6 Cfti- the documents and adopt spresenta~ives) Ap- ,Resolution No. 371-07 Ap- s: High Scholl Stu- proving plans. and IF - No applicartb Cations faun of Contract, Professionals (2). ar-d aedm#b9ct Cost for the of the cos of themimp ove~- msnt. Cline questioned why the City is making h ..convenient for. people- to. go over the speed omit. Zoning Advisory Commis- sion Chairperson Jeff Stiles said the Commission ~~ooiIng on the reeom- ~b~rxfation of the City Manager and that i3 was a naetteK of safety. Michalski ques~oned M the intersec- tbn igas safe at 35 mph. The required condition is for improvement of the in- tersection to meet the 45 mph criteria, but the post- ad speed Nmit remain at 35 mph.. Jones favored in- creasing the safety of the intersection while not in- cxeasing the speed limit. Co-xwrs agreed that the bottom line is safety. Mo- tlon carried 7-0. Designation of Public Nuisance - 409 Burch Street: City Manager rec- ommending that a hearing be set to determine wheth- er '409 Burch Street is a public nuisance according to Chapters 23 and 26 of -the Dubbuuqque -Code of Or- Auditorium. ~ CI Mich be' orov arts: Amanda Bra- ' P+at ~ pubucW4 Parkklg ~ u• Scott Frost, Brooke ~ Faciliths Prciact Ass- an, Susan ' Hess, okrtlon No. 372Yb~OrdM~ LLC r Lien. Lindsey ing 'the rs-edvsrtkerrrertt ~ cenas: Oily Manager rec- ley-IiAoeller, Chris- forbids.for ~e Port of ##~~-- ~~ vnxiar-ding that a hearktg Wand, Taammmmyy buque PubNC Parkirq `Vi`a- date be set to Consider a ~, Marcie Wir-ksl- . CNfty Sscoft4ad bN 21 day of the Historical Jones9bn ~! Aid 7~1. Copper Man smerN, LLC THE RUIFS liquor licenseap their op- entallvs (1).sA~ REINSTATE for Meg WilaN- tJport motbn tha> -viaa ereflon at 299 Main street br of Commerce weirs reinstated Yttiitlng that includes Stonewaq entatNe (1>. AppN- disousslon to ttra City i Change, t3ricktown Brew- iue Czeehiruki. Arts CourioA. ery -and the ~Biackwater ~asioner (1): Apptl- ACTION ifEMS GriN. Motion by Cline to set Louise Kamea, Amy Serenity RId~ PtaUrtrl- a Harinngg at 6:30 p.m. on Telegraph Herald nary Wet: Zoning - Wednesday, July 18, 2007, entative (1): Appii- Cornrtllsaion in the Public Library Audl- fiane Mohr Educe- ing approval'of the I torlum. Seconded by ~epreselntative (1): nary plat of the ~f~ Bralg. Motion Carried 7-0.' ant: Gary Olsen Cki- 1 PRidge SupdMaigl-, ~r14(~ Fiscal fear 2008 Dubu- IepresentatNes (6): condl0bra. City me~aerr County REAP Plan: s Brown, Susan ,~ nieortMnerltAng tluttMCoAtlh (y.Manager recommerxf- Barbara Fisher, M1-be retatnrad ore part log approval of the City of i Gibson, Bart of the of the $e- L)ubuque's update of the Ter, Joseph . i . ronifar ~supdivfsbn Racal Year 200ti Dubu~e Schameu, imirrlu'y plat. Holton County REAP Wen, sub- Tart~'iy ~ to reCelve end fiN , miittal of the Fiscal Yssl Vekfernenn, ep- the documents and aFr r 2008 REAP grant ap~I~ ant ~' Irlcfudsd prove the recomrrrendil. i lion of 5200,000 .for. Bible applicant not ti0rie of Ilia Zoning Adviaq- TroNay Lina -Trail at appointed i Corr>fnfssion and the PCir>t Park and , appo vote Michalski ~r Manager, 8eoortdad ~ nrentof a City Council repi to appoint Chriato- ~y Connors. John , . -aasnbMre (curremy°) Wand, Lindsey 16643$ may t.arta, rw ' ~ , Meriiber Joyce leyy-Moeller, Meg quested th~a~ the porte~tion CCrxroi^a) to the REAP 'Nd, Sue Czeshinsic, be rerrrrnred statktg 'that Committee. Motion by Veber, Diane Mohr, I the speed NrrAt should re- ~ CNne to receive and file the Olean, Wallace ~ main at 3S`mph afN!'ihat documerMs, adopt Resolu- 3uran Far4xsr the coed meets the 35 mph lion No. 373-0r Authoriz- h 1•'.,^~al", ~"PV^i"~ ,.Iq~lhgn i"~p a'riR^~^'u^. ~.. Ir~i ii ~ •,~ o~ qFe.~ ~^, -q^~~^~h"i^;a- its and approve. docu ~~ Saco by Cline. Mo- tion 7-0. Iqe Hs~bRr Transie0t.8oat Dock Rroject: City Manag- er recommending' award of the public improvement b f th i H or or ce ar contract e Transler~ Boat Dark Proj- 'bidder ect t0 the onl , y 'the R ~ramoun~~~ of STATE OF IOWA {SS: G$520,5443.71, for-tire ARer- wi~ B~~ g"'~Dk~ DUBUQUE COUNTY and further recommending that staff txs authorized to review: value engineerinngg design eftematNes to evai- "are prgecl -cost saving opportunities. Motion.. by CERTIFICATION OF PUBLICATION Cline to~receive and file the rdocumertts and adopt Resolution No. 374-07 1 Awarding pubic Irnprove- ment contract for the Ice Dock Pr jrec~t~i Second~edt I, Wendy Miller, a Billing Clerk for Woodward Communications, inc., an Iowa b~Jonea.: Motion carried publisher of the Telegraph Herald,a newspaper of general circulation corporation °~Of~"e ~0"~`"te Re" FA~ P , ublished in the Cit of Dubu ue Count of Dubu ue and State of Iowa• hereb Y q ~ Y p Y q t-oerrarrtx paired ro)- ~ r ~ certify that the attached notice was published in said newspaper on the following ,,, ements °f~ >~; el 2007, and for which the charge is $258.34. dates: July 13 o , n ~t~ be de- Y a fv~e 'pra~ect nd the- -ele- be to sch' a Ex 1n ~hh 5227 4 M rtf b c orf . y tt o receive sill stile the insole ahd adopt is into at the °Hs lead 9 the left um on ~rsen with a green arrow titdy. Engineer fare . Paihoyos said that assfl ties Met vrhh IDOT to dieclr;s aorrams on that intersecton as well ore; other intarseotions on the NW Ar}tsernGd. An action ~~118tJCbiNPF: T~q~. ~~) .There no further business, bu~ motirfri the CnY Coun I at 7:53 p.m. /s/Jeanne F. Schneider, CMC,.City Clerk 1t 7/13QA 6 RE- t ~ Subscribed to before m , Notary Public in and for Dubuque County, Iowa, this l3 cy~ day of , 20 DZ_. rs no tom "'"' •~ 'fAAIfY K. V'/=STE,=~n4EYER Commisslo^ Mumbar 154885 "- &4~ Comm. Exo r°EB. 1, 2008 Notary Public in and for Dubuque County, Iowa. CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Coun- cil met in regular session at 6:30 p.m. on July 2, 2007, in the Public Library Auditorium Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski, City Manager Van Milligen; City Attorney Lindahl Invocation was provided by Reverend Wayne Ressler, St. Raphael's Ca- thedral PROCLAMATION Dubuque Drum and Bu- gle Corps Music on the March July 6, 2007, and Music on the March II, July ' 26, 2007 PRESENTATION 2007 Program of the Year Award for the HEART Pro- gram Partnership was pre- sented to City Manager Van Milligen by City Man- ager Tim Vick of Manches- ter, Iowa, on behalf of the Iowa City/County Manage- ment Association. CONSENT ITEMS Motion' by Cline to re- ceive and file the docu- ments and dispose of as indicated. Seconded by `Lynch. Cline requested (#13) Dubuque Drum and Bugle Corps be held for separate discussion. Mo- tion carried 7-0. Minutes and Reports Submitted: City Council of 6/18; Long Range Planning Advisory Commission of 6/20, Proof of publication of City Council Proceed- ings of June 4, 2007. Upon motion the documents were received and filed. Notice of Claims/Suits: Beth Hilkin for property damage; Michael Hogan for property damage; Rog- er Jones for vehicle dam- age; Zachary Mattison for vehicle damage; Wells Far- go Bank vs. City of Dubu- que, et al; Paul Schiffman for vehicle damage; Helen Sherman for personal in- jury; Lisa Huinker for prop- erty damage. Upon motion the documents were re- ceived, filed, and referred to the City Attorney. City Attorney advising that the following claims have been referred to Pub- lic Entity Risk Services of Iowa, the agent for the Io- wa Communities Assur- ance Pool: Jeff Brimeyer for property damage; Rog- er Jones for vehicle dam- age; Michael C. Hogan for personal injury/property damage; Zachary Mattison for vehicle damage. City Attorney recom- mending settlement of the claim of Gansen Excavat- ing, Inc., and directing the Finance Department to is- sue payment. Upon motion the documents were re- ceived, filed, and concur- red. Four Mounds Public Im- provement Project: Com- munication from the His- toric Preservation Com- mission recommending ;r?proval of a letter of sup- ~* ' ~r ,, .~ F~.-,~~r Mounds '_ ~'ucFc Im- ,. Upon w-•ents °d. and ,lore i Ken u; :7y Side- vdalrs Ccirn~~niaation ..:.n-. ~~s,-~cy ,Vc,<,~,ip m op- of sidewalks on the east side of John F. Kennedy Road. Upon motion the documents were received and filed. Bi-Lingual Bike/Hike Trail Signage Project: City Man- ager recommending ap- proval of the submission of an Iowa Department of Recreation Trails Grant ap- plication in the amount of $91,000 for the Bi-Lingual Bike/Hike Trail Signage Project. Upon motion the documents were received and filed, and Resolution No. 358-07 Approving the submittal of an application for State Recreational Trails Program funding to the Iowa Department of Transportation for the Bi- lingual Bike/Hike Trail Signage Project was adopted. Population in Annexed Areas: City Manager rec- ommending approval of the certification of popula- tion in areas annexed into the City of Dubuque since the 2000 Census, as re- quired by State law. Upon motion the documents were received and filed. United States Depart- ment of the Interior: Com- munication from Stephen E. Whitesell, National Park Centennial Coordinator, to Senator Charles E. Grassley regarding his support for the Mississippi River Trail as a National Park Centennial project. Upon motion the docu- ments were received and filed. Fiscal Year 2008 Annual Action Plan -Amendment #1: City Manager recom- mending approval of Amendment #1 to the Fis- cal Year 2008 (Program Year 2007) Annual Action Plan for the use of Com- munity Development Block Grant (CDBG) program funds. Upon motion the documents were received and filed, and Resolution No. 359-07 Approving Amendment #1 to the Fis- cal Year 2008 (Program Year 2007) Annual Action Plan for Community Devel- opment Block Grant funds was adopted. Iowa Department of Eco- nomic Development: City Manager recommending approval of a technical as- sistance contract with the Iowa Department of Eco- nomic Development for purposes of administration of the lead paint hazard re- duction program. Upon motion the documents were received, filed, and approved. Asbury Road Widening at Sam's Club: City Manager recommending accept- ance of the dedication of right-of-way and Grant of Easement for storm sewer and traffic signals needed for construction of an ad- ditional eastbound lane on Asbury Road by Sam's Club. Upon motion the documents were received and filed, and Resolution No. 360-07- Accepting a conveyance of easements over part of Lot 1 of Pfohl Farm to the City of Dubu- que; Resolution No. 361- 07 Approving the acquisi- tion plat of a part of Lot 1 of Pfohl Farm in the City of Dubuque, Dubuque Coun- ty, Iowa, and accepting the dedication of right-of-way olution No. 362-07 Ap- proving the acquisftion plat ofapartofLot2of2of Pfohl Farm in the City of Dubuque, Dubuque Coun- ty, Iowa, and accepting the dedication of right-of-way for Asbury Road were adopted. Mobile Data Computers for Fire Apparatus: City Manager recommending approval of the selection of Racom to provide mobile data computers for fire ap- paratus. Upon motion the documents were received, filed, and approved. City of Asbury Voluntary Annexation: Steven R. McCann, City Develop- ment Board Administrator, submitting the Filing of Written Decision in the matter of the City of As- bury Voluntary Annexation within the urbanized area of the City of Dubuque. Steven R. McCann, City Development Board Ad- ministrator, submitting the Findings of Fact and Con- clusions of Law and Deter- mination in the matter of the City of Asbury Volunta- ry Annexation including land without the consent of the owner and within the urbanized area of the City of Dubuque. Upon motion the documents were received and filed. Dubuque Drum and Bu- gle Corps: Communication from Greg Orwoll, Execu- tive Director of the Dubu- que Drum and Bugle Corps, requesting that the residential parking restric- tions around Senior High School and any noise ordi- nances be suspended on July 6 and July 26, 2007 to accommodate the Colts' annual Music on the March. Motion by Cline to receive, file, and approve the documents. Seconded by Braig. Cline reminded area residents of the event. Motion carried 7-0. 2007 Property Tax Ap- peal: Communication from the Office of the City As- sessor advising that Catalin S. and Ioana V. Mamali have appealed their 2007 property tax as- sessment to the Property Assessment Appeal Board in Des Moines. Upon mo- tion the documents were received and filed. Alley between North Grandview Avenue and St. Ambrose Street: Commu- nication from Leslie Furuseth and Lloyd Sea- man, et al, requesting that the City vacate the alley that is located between North Grandview Avenue and St. Ambrose Street. Communication from Ken- neth J. Leppert, 2075 Sun- nyview Drive, in opposition to the vacating and closing of the alley between North Grandview Avenue and St. Ambrose Street. Upon mo- tion the documents were received, filed, and refer- red to the City Manager. Third Street Overpass Light Replacement Project: City Manager recommend- ing award of the public im- provement contract for the Third Street Overpass Lighting Project to Giese Sheet Metal Company, Inc., in the amount of $39,474.60. Upon motion the documents were re- ceived and filed, and Res- olution No. 363-07 Award- contract for the Third Street Overpass Light Re- placement Project was adopted. Pedestrian Wayfinding Sign System Design: City Manager recommending award of the public im- provement contract for the Pedestrian Wayfinding Sign System Design Proj- ect to McCullough Crea- tive, in the amount of $77,268. Upon motion the documents were received and filed, and Resolution No. 364-07 Awarding pub- lic improvement contract for the Pedestrian Wayfinding Sign System to McCullough Creative, in the amount of $77,268, was adopted. Shelter + Care Program Contract: City Manager recommending approval of a contract with the US De- partment of Housing and Urban Development (HUD) for administration of the Shelter + Care program. Upon motion the docu- ments were received, filed, and approved. I-Net Design and Plan- ning Request for Proposal: City Manager recommend- ing approval of the issu- ance of a Request for Pro- posal for I-Net Design and Planning. Upon motion the documents were received, filed, and approved. Swiss Valley Farms: Communication from Da- vid Zwart, Swiss Valley Farms, requesting a waiver for the construction of sidewalks along their Jackson Street frontage. Upon motion the docu- ments were received and filed and referred to the City Manager. Improvement Contracts / Performance, Payment and Maintenance Bonds: Rush Street (Bryant -Villa) Reconstruction Project; Calendar Year 2007 Pave- ment Parking Project; and Asbury Plaza Area Waste- water Pumping Facilities Project. Upon motion the documents were received and filed, and Resolution No. 365-07 Approving public improvement con- tracts and bonds was adopted. Liquor License Transfer: Request of the National Mississippi River Museum to transfer their liquor li- cense to ~ the Alliant Amphitheater/Stone Cliff Parking Lot on August 1, 2007. Upon motion the documents were received, filed, and approved. Business Licenses: City Manager recommending approval of annual liquor license renewals as sub- mitted. Upon. motion the documents were received and filed, and Resolution No. 366-07 Granting the issuance of sixteen (16) re- newal licenses to sell ciga- rettes and cigarette pa- pers; Resolution No. 367- 07 Granting the issuance of a Class 'C" Beer Permit to Oky Doky #14, Haun's Specialty Meats, and Ce- dar Cross Amoco; and Resolution No. 368-07 Granting the issuance of a Class 'C" Beer/Liquor Li- cense to Knicker's Saloon, House of China, Diamond Jo Casino Portside, Murphs Southend Tap and American Legion Post #6; a Class "B° Wine Permit to Class "WBN' Native Wine Permit to Haun's Specialty Meats; a Special Class "C" Liquor License to Jorja's Restaurant; and a Special Class "C" Liquor (5-Day Special Event) to Four Mounds Foundation were adopted. ITEMS TO BE SET FOR PUBLIC HEARING Motion by Lynch to re- ceive and file the docu- ments, set the public hear- ings as specified, -adopt the resolutions and direct the City Clerk to publish notice in the manner pre- scribed by law. Seconded by Connors. Motion car- ried 7-0. CIPP Lining Project: City Manager recommending initiation of the public bid- ding process for the CIPP Lining Project and that a public hearing on the plans and specifications, form of contract, and estimated cost be set for July 16, 2007. Upon motion the documents were received and filed, and Resolution No. 369-07 Preliminary ap- proval of plans and specifi- cations, form of contract, and estimated cost; setting date of public hearing on plans and specifications, form of contract, and esti- mated cost; and ordering the advertisement for bids for the CIPP Lining Project was adopted setting a public hearing for July 16, 2007, at a meeting to com- mence at 6:30 p.m. in the Public Library Auditorium. Dubuque Community Ice and Recreational Center: City Manager recommend- ing that a public hearing be set for July 16, 2007 to consider approval of a lease agreement with Du- buque Community Ice and Recreational Center for a section of the McAleece Park and Recreation Com- plex. Upon motion the documents were received and filed, and Resolution No. 370-07 Resolution of Intent to dispose of an in- terest in real property by lease agreement with Du- buque Community Ice and Recreational Center was adopted setting a public hearing for July 16, 2007 at a meeting to commence at 6:30 p.m. in the Public Library Auditorium. Individual Historic Desig- nation - 40-42 Main: Com- munication from the Long Range Planning Advisory Commission recommend- ing that a public hearing be set for August 20, 2007 to consider approval of the Individual Historic Desig- nation of 40-42 Main Street. Upon motion the documents were received and filed, and a public hearing was set for August 20, 2007, at a meeting to commence at 6:30 p.m. in the Public Library Auditori- um. BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions: His- toric Preservation Com- mission: (Two 3-year ex- pired terms through July 1, 2010 -terms of Stuart and Whalen). Applicants: Dave Stuart, John Whalen Investment Oversight Advi- sory Commission: (Two 3- year expired terms through