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Proof Council Min 5 20 02receive~ inter- at~ t~e -- II[in i' est~bli~hmS~ of STATE OF IOWA DUBUQUE COUNTY { SS: CERTIFICATION OF PUBLICATION I, TAMMY M. FELDMANN a Billing £ Communications, Inc., an Iowa corporation, publisher of the newspaper of general circulation published in the City of I hereby certify that, t~e · Dubuque and State of Iowa; attached ~ in said newspaper on the following dates ~ , 20 ~9~,~, and for which the charge i~ I . Subscribedthis_~ ,~ to beforeday of~ ~m(~-a~°tary Public in and fo~10~.al Notary Board Nicholson; Motion g dis¢~n ap~0ved :Southern Hill~ to amend aaven upon A~eeptanc~ ~ ~ fiSCalr ~ear 2001., has aPP~ove~ ~est; ,h ~ot~06 ~, that~ ~ro- Nicholson. all ,d by ~C~in~. : ';; ln~e~trhent ©rdinarme: be ¢onSidem~ College: t~ :vac~ate StKeet an(~a portion Of. Hedion~. Street~; upon m~ti0n ~ce ved and filed~: Michalsk[ moved annexafiOh flict Of interest STATE OF IOWA DUBUQUE COUNTY { SS: CERTIFICATION ~ I, TAMMY M. FELDMANN Communications, Inc., an Iowa corporation, newspaper of general circulation published in the ~ Dubuque and State of Iowa; hereby certify thai in said newspaper on the following , 20 ~'~, andfor~ plan Seip~[Rd. S Subscribed to 1 fum. vania cepted. B150 1., w/gar. I miles S. 82-4010 oint area, ed, laun- 13-5515 EYE DR. )ets, off ar lease & cold. arage. 5810 ousl BR, ity, $415. f charac- $375. All s, heat/ laundry, i6-1414 remodeled 3 BR home across from park. 2415 Jackson St. Some appliances included, no smoking, no pets. 2 weeks free rent upon signing 1 year lease. $595/mo, dep. required 563-583-9076 ask for Greg. •Lake front living year around, elaborately furnished, 2 BR, hardwood floors, great view from deck, c/a, garage, $895. Locator's Ltd. 556-1414. 3 BR, garden/yard space, 20 minutes S. of Dubuque. Ref. required. $595. 563-773-8275 1BR w/ appl. $425/mo. Smith Mgmt 582-2788 Galena Territory single family home, $995/mo, 2 BR, 2 BA, colonial cottage, quiet cul-de- sac,1400 sq ft. 815-777-4057 2 BR hill area, stove, refrig- erator, hardwood floors. No pets. Year lease. $475/mo. 563-875-8261 or 580-4509 Js u Better! 'ly in the week ie day. 1 to classified, our deadlines Ig are as follows... ty zoUU sq IL.in suite • OFFICE SPACE 1800-3600 • •= sq. ft. Kennedy Cir. 582-0224 'D sti t to n ive, upon d filed. tion to the upon f filed. J urned and neeting. king Meter t and Main ading on Amending the City of irdinances, Municipal_ istrict by of Eighth Street to .oth sides Fifth Street Ordinance anted and Meeting of ted for fur - loved that_ at a pro- )e consid- Dr passage Retail/Office Space- 1500 sq. stings prior ft. Main floor, newly remod- iich it is to eled, parking, high traffic, by suspend- UD. Locators Ltd. 556-1414 oved final >assage of Available NOW! POTOSI, WI. 7:onded by 15,000 sq. ft., 3-phase power, the motion__ docks & offices. Reasonable ;as—Buol, rent. Will divide. 608-988-4647 Markham, Michalski • FOR LEASE- lower level of Chirocare bldg. 2617 Univer- sity 2500 sq ft. fin. suite. • OFFICE SPACE 1800-3600 sq. ft. Kennedy Cir. 582-0224 The Pines Phase II 2100 Asbury Road, 2450 sq. ft. with custom build out. Call 582-5762 or 557-1712 4 ASBURY SQUARE+ +PREMIER PLAZA+ 1st floor retail/office space. Call Tom or Gomer 557-1493 Formally Conrad Auto Body at 646 Central, 80'x100', stor- age, (4) 12' doors, office space, 5 in -ground hoists, off- street parking, many uses, $1,750/mo., 563-582-4010 Downtown Historic space, approximately 600 sq. ft., 116 W. 13th St. $400. 580-5264 WHALEN COMMERCIAL e PROPERTIES NOW OFFERING RETAIL - WAREHOUSE - INDUSTRIAL SPACE 2000 sq ft to over 30,000 sq ft Rates from 1.25 to 5.00 per sq ft. Long term lease or tempo- rary storage. Forklift service d due to ved that e second rdinance. Aarkham. /ing vote: - Connors, Nays — and material handling avail- able. Truck height dock doors fBER and drive-in doors in most units. Off street parking - n Milligen Industrial zoning. Great loca- rt that tion with good access to Hwys61/151/20. STATE OF IOWA DUBUQUE COUNTY { SS: CERTIFICATION OF PUBLICATION TAMMY M. FELDMANN 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 t to attached notice was published in said newspaper on the following dates _V�/ , 20 and for which the/charge is $ , &C7 J Subscribed to before Notary Public in and for Dubuque County, Iowa, this .R/2.,1 day of 20 'al. Notary blic in and for Dubuque Count MARY K. WESTERMEYER Commission Number 154885 My Comm. Exp. FEB. 1, 2005 CITY OF DUBUQUE, IOWA COUNCIL PROCEEDINGS OFFICIAL City Council, Regular Session, May 20, 2002 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 Milligen, Corporation Counsel Barry Lindahl. Mayor Duggan read the call and stated this is the Regular Session of the City Council called for the purpose of act- ing upon such business which_ may properly come before the . City Council. Invocation was given by Rev. Wayne A. Ressler, Pastor of Nativity Catholic Church. Proclamation: "Legal Services Corporation of Iowa" - May, 2002 received by Diane Wilson, Managing Attorney of Legal Services in Dubuque. _ CONSENT ITEMS Minutes Submitted: Airport Commission of 4/29; City Council of 5/6; Civil Service Commission of 4/26; Housing Commission of 4/23; Human Rights Commission of 4/8; Investment Oversight Advisory Commission of 5/8; Park and Recreation Commission of 4/9;_ Plumbing Board of 5/2; Transit Board of 4/18; Zoning Advisory Commission of 5/1; Zoning Board of Adjustment of 4/25, upon motion received and filed. Michalski, referring to the Airport Comm. minutes, ques- tioned Markham as an Airport Commission member, as to_ any impact with the new Airport restaurant contractor's recent financial difficulties. Markham stated that major improvements had been made and work continued. Printed City Council Proceedings for January, 2002, upon motion approved as printed. Finance Director submitting the Financial Reports for the month ending April 30, 2002; Investment Oversight Commission submitting the 36th Quarterly Report, upon motion received and filed. Proof of publication of City Council Proceedings of 4/15/02; Proof of publication.._ of List of Claims and Summary of Revenues for the month ending March, 2002, upon motion received and filed. Notice of Claims/Suits: John Kivlahan in estimated amount of $262.50; The Adams Company vs. the City of Dubuque and the City Council of the City of Dubuque; Dodds,. River Terminal, et al, vs. the City of Dubuque and the City Council of the City of Dubuque, upon motion referred to the Legal Staff for investigation and report. Corporation Counsel advising that the following claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Jerry Turner for property dam- age, upon motion received and filed and concurred. Corporation Counsel recom- mending approval of the claim of Darlene Millard in the amount of $485.04 for vehicle damage and Finance Director_ to issue payment, upon motion received and filed and con- curred and directed Finance Director to issue payment. Citizen Communications: Communication from Robert Byrne and Cynthia Nelms- Bryne, The Main Gallery and Studio, registering their objec- tion to Mr. John Finn's request_ to have a permanent right to expand outside the Busted Lift, upon motion received and filed and referred to the City Manager. Communication from John Surface Transportation Board: Communication of City - Manager Michael C. Van Milligen to the Surface Transportation Board (STB) urging that the potential merg- er of the Dakota Minnesota and Eastern Railroad (DME) and the I & M Rail Link be viewed as significant and engage a full regulatory, process when an application is submitted, upon motion received and filed and approved. Dubuque Industrial Center - Plat: City Manager recom- mending that the title of the Final Plat of Lots H, I & J of Dubuque Industrial Center West be corrected to read_ "Lots H, I & J of Dubuque Industrial Center West Third Addition" as requested by the Dubuque County Auditor's Office to avoid duplicate sub- division names, upon motion received and filed. Buol moved adoption of Resolution No. 255-02 Changing the name of final plat of Lots H, I.., and J of Dubuque Industrial Center West in the City of Dubuque, Iowa. Seconded by Cline. Motion carried 7-0. Patricia Ann Drive - Acceptance of Public Improvements: City Manager recommending acceptance of the public improvements com- pleted by the developer, Floyd _ S. Gudenkauf, in Patricia Ann Acres, upon motion received and filed. Buol moved adop- tion of Resolution No. 256-02 Accepting improvements in Patricia Ann Acres. Seconded by Cline. Motion carried 7-0. Iowa Department of Transportation - Woodward Museum: City Manager rec-,_ ommending approval of a Supplementary Agreement with the Iowa Department of Transportation for the Woodward Museum (Freight House) Restoration Project, upon motion received and filed. Buol moved adoption of Resolution No. 25i-02 Authorizing a Supplemental,_ Agreement with the Iowa Department of Transportation for the Woodward Museum (Freight House) Restoration Project. Seconded by Cline. Motion carried 7-0. Northwest Arterial - IDOT Agreement: City Manager rec- ommending approval of a Pre - construction Agreement with.. the Iowa Department of Transportation relating to the construction of Iowa 32 (Northwest Arterial) from John F. Kennedy Road to US 52, upon motion received and filed. Buol moved adoption of Resolution No. 258-02 Approving Pre -Construction Agreement No. 99-4-095C_ with the Iowa Department of Transportation relating to the construction of Iowa 32 (Northwest Arterial) from John F. Kennedy Road to US 52. Seconded by Cline. Motion carried 7-0. Harvest Business Center - Final Plat (Street Renaming): City Manager recommending approval of the final plat of Harvest Business Center (pre- viously approved on March 18, 2002) as the developer has requested that the original street name of Commerce Court be renamed to Meinen Court, upon motion received and filed. Buol moved adop- tion of Resolution No. 259-02 _ Rescinding Resolution No. 169-02 and reaffirming the final plat of Harvest Business Center, in the City of Dubuque, Iowa. Seconded by Cline. Motion carried 7-0. Fiscal Year 2003 Community Development Block Grant Program: City Manager rec- ommending authorization of the publication of a Combined" Notice of No Significant Impact on the Environment and Notice of Intent to Request Release of Funds for Community Development Block Grant activities, upon motion received and filed. Buol moved adoption of Resolution No. 260-02_ Authorizing publication of the Combined Notice of No Significant Impact on the Environment and Notice of Intent to Request Release of Funds for certain Community Development Block Grant pro- jects for Fiscal Year 2003 (Program Year 2002). Seconded by Cline. Motion. carried 7-0. Project Concern - Fiscal Year 2002 Amendment: City Manager recommending approval of an amendment to the Fiscal Year 2002 Purchase of Service Agreement with Project Concern, upon motion received and filed and approved recommendation. s Lead Based Paint Hazard Reduction Grant: Communication from the Community Development Advisory Commission recom- mending support for the allo- cation of $60,000 of CDBG funds for Fiscal Years '2003, 2004 and 2005 for the Lead Based Paint Hazard Reduction, Program, upon motion received and filed. Architectural Design Guidelines: The Historic Preservation Commission rec- ommending approval of the Architectural Guidelines for Historic Structures, upon motion received and filed and approved Guidelines. Easement Agreement for Recreational Trail: City Manager recommending approval of an easement agreement with Interstate Power and Light Company for the City to construct a recre- ational trail on their property, upon motion received and filed and approved agreement. Quebecor Enterprise Zone Agreement: City Manager rec- ommending approval of an approved change. Old Highway 20 Water Main Extension Project: City Manager requesting authoriza- tion to offer up to a maximum $10,000 early completion bonus for the Old Highway 20 Water Main Extension Project to ensure the project is fin- ished prior to the Dubuque County Fair, upon motion received and filed and approved request. Lease Agreement: City Manager recommending City Council approval of an agree- ment in the Ice Harbor between the Dubuque County Historical Society and Peninsula Gaming Company, LLC, upon motion received and filed. Government Finance Officers Association: City Manager advising that the City's Comprehensive Annual Financial Report (CAFR) for the fiscal year ended June 30, 2001 has qualified for a Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers_ Association (GFOA), upon motion received and filed. Michalski spoke praising the City staff for this award received now for the 14th year in a row. Colts Drum and Bugle Corps: Request of the Colts Drum and Bugle Corps to transfer their liquor license to Eagle Point... Park on June 8, 2002, upon motion received and filed and approved request. Business License Refund: Request of Chi-Chi's for a refund of the beer and liquor license in the amount of $633.75, upon motion received and filed and approved request. Business Licenses: Bud - moved adoption of Resolution No. 263-02 Granting the issuance of forty-four renewal permits to sell cigarettes and cigarette papers within the City; Resolution No. 264-02 Granting the issuance of a Class "B" Beer Permit (5-Day Special Event) to Catfish... Festival; Resolution No. 265- 02 Granting issuance of a Class "A ` (Club) Liquor license to Dubuque Golf and Country Club and a Class "C" Beer/Liquor License to Breaktime Bar & Grill; Tott's Tap; Underground, Bricktown, and Stonewall; and Dempseys/Molly's Pub and, Grub. Seconded by Cline. Motion carried 7-0. BOARDS/COMMISSIONS Interviews for the following Commissions: Civil Service Commission (One four year term to expire 4/6/06 - Kluesner). Applicant: Loras Kluesner. No one spoke. Investment Oversight Commission (One term to expire 7/1/05 - Spielman). Applicant: Charles Spielman. No one spoke. PUBLIC HEARINGS Upon motion the rules were suspended to allow anyone present to address the Council if they so desire. Callahan Construction - Request to Rezone and' Voluntary Annexation: Proof of publication on notice of hearing to consider rezoning property located on Seippel Road from County R-2 to City R-2 Two -Family Residential District, R-4 Multi -Family Residential District, and CS Commercial Service and - Wholesale District in conjunc- tion with annexation and Zoning Advisory Commission recommending approval; Zoning Advisory Commission recommending approval of the preliminary plat of Callahan Subdivision with conditions and subject to annexation;_ City Manager recommending approval of the annexation and certain components of the request for assistance to build owner occupied affordable housing; communication of Roseann Schromen objecting to the proposed rezoningand development, presented and read. An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 13000 block of Seippel Road from Dubuque County R-2 Rural Residential to City of Dubuque R-2 Two -Family - Residential District, R-4 Multi - Family Residential District and CS Commercial Service and Wholesale District, concurrent with annexation, presented and read. A Resolution Annexing cer- tain territory to the City of Dubuque, presented and read. Joe Callahan, owner and pro-_ posed developer, spoke clari- fying this proposed project of moderate income housing on Seippel Rd. and gave the Council pictures of similar houses developed in Rochester. He also requested changes in street asphalt depths and City help with water and sewer installations.._ Maureen Harris of 13521 Seippel Rd. spoke objecting to the proposed development because of its density and additional traffic, and ques- tioned services for any Section 8 residents. Roseann Schromen, 13782 Seippel Rd., as the immediate northerly property owner, spoke objecting to the project, citing the density of the•devel- opment if duplexes are allowed, and the problem of over -development, as well as traffic problems on Middle Road. Karen Gerhard, 1294 Middle Rd., spoke objecting to the possibility of seven houses on_ one acre lots. Nicholson. Motion carried 7- 0. Upon motion the rules were reinstated limiting discussion to the Council. ACTION ITEMS Stormwater RFP Consultant Selection: City Manager rec- ommending that the team of Camp Dresser & McKee, working with WHKS & Company, be retained to for- mulate and assist in the imple- mentation of the Stormwater Utility for the City of Dubuque, upon motion received and filed and approved recommenda- tion. Southern Hills Subdivision III - Final Plat: City Manager rec- ommending approval of the final plat of Lots 1 - 25, inclu- sive, of Block 1 and Lot A of Southern Hills Subdivision III, upon motion received ant,. filed. Markham moved adop- tion of Resolution No. 268-02 Approving the final plat of Lots 1 - 25, inclusive, of Block 1 and Lot A of Southern Hills Subdivision III in Dubuque County, Iowa. Seconded by Cline. Motion carried 7-0. Purchase of Real Estate for Stormwater Detention: City_ Manager recommending approval of the purchase of a home located on West 32nd Street for $99,000 and that the property be utilized as part of the expansion of the 32nd Street Detention Cell, upon motion received and filed and approved purchase. Code of Ordinances - Town Clock Plaza: City Manager recommending changes to the Code of Ordinances to delete references to Town Clock Plaza in various sections of the Code, upon motion received and filed. Ordinance No. 39- 02 Repealing Ordinance No. 37-71. Designating and naming portions of certain rights -of-,, way "Town Clock Plaza"; amending the City of Dubuque Code of Ordinances by repeal- ing Section 9-19 Prohibiting riding a bicycle in Town Clock Plaza; by amending Section 18-2 225-26 Prohibiting the use of live vegetation for sup- port of overhead conductor spans except in Town Clock__ Plaza by deleting the reference to Town Clock Plaza; by repealing Chapter 31 Article VII Town Clock Plaza prohibiting certain uses of Town Clock Plaza without a lease; by amending Section 32-250(a) prohibiting certain nonmotor- ized vehicles in Town Clock Plaza and other places by_ deleting the reference to Town Clock Plaza; and by repealing Section 35-27 exempting Town Clock Plaza from the requirement for certain busi- ness licenses, presented and read. Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two, Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final con- sideration and passage of the Ordinance. " Seconded by Cline. Carried by the following vote: Yeas—Buol, Cline, Connors, Markham, Michalski, Nicholson. Nays —Duggan. Interstate Power and Light -- Company Rate Case: City Manager requesting authoriza- tion to hire legal counsel to represent the City of Dubuque in the Interstate Power and Light Company rate case to ensure that the community's interests are represented, upon motion received and filed.., and approved request. Mayor Duggan turned control of the meeting to the Mayor Pro-Tem due to possible con- flict of interest. Mississippi Valley Truck Center, Inc.: City Manager recommending approval of the establishment of the fair mar- ket value and commencement_ of negotiations for property in the Port of Dubuque, upon motion received and filed. Cline moved adoption of Resolution No. 269-02 Establishing Fair Market Value for the acquisition of certain real property owned by Mississippi Valley Truck Center, Inc. Seconded by_ Nicholson. Motion carried 6-0. Mayor returned and took con- trol of the meeting. Dubuque Area Chamber of Commerce - Purchase of Service Agreement: City Manager recommending approval of a Purchase of Service Agreement with the Dubuque Area Chamber of_ Commerce Convention and Visitors Bureau for Fiscal Year 2003 in the amount of $475,756 and to provide greater City Council involve- ment in review of the market- ing plan and budgeting process for the use of these City funds, upon motion received and filed and„ approved recommendation. Fourth Street Parking Ramp Rates: City Manager recom- mending approval of the park- . ing rate fees for both monthly contract, parking and hourly rates for the Fourth Street Parking Ramp, upon motion received and filed and approved. Community Partnership (cp2) Program Fiscal Year 2003 Recommendation: City Manager recommending approval of the allocation of Fiscal Year 2003 Community Partnership Program funds to the Gannon Center ($18,500), Hillcrest Family Services ($50,000), Northeast Iowa„ School of Music ($17,305) and Scenic Valley Agency on Aging ($20,000), upon motion received and filed. Cline moved adoption of Resolution No. 270-02 Authorizing the award of Community Partnership Program (cp2) Funds for Fiscal Year 2003. Cornnrlorl by Nirhnlenn— Business Partnership to amend the PUD District on Raven Oaks Drive, upon motion received and filed. Petitions in opposition to the proposed rezoning, upon motion received and filed. - Mayor Duggan returned and took control of the meeting. Expansion of Parking Meter District on 8th Street and Main Street (First Reading on 5/6/02): An Ordinance Amending Section 32-336 of the City of Dubuque Code of Ordinances, establishing the Municipal_ Parking Meter District by adding both sides of Eighth Street from Main Street to Locust Street and both sides of Main Street from Fifth Street to Ninth Street, said Ordinance having been presented and read at the Council Meeting of 5/6/02, now presented for fur- ther action. Buol moved that the requirement that a pro- posed Ordinance be consid- ered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspend- ed and further moved final consideration and passage of the Ordinance. Seconded by Nicholson. Vote on the motion - was as follows: Yeas—Buol, Cline, Connors, Markham, Nicholson. Nays —Michalski, Duggan. Motion failed due to lack of 3/4 vote. Nicholson then moved that this be considered the second reading of the Ordinance. Seconded by Markham. Carried by the following vote:- Yeas—Buol, Cline, Connors, Markham, Nicholson. Nays — Michalski, Duggan. COUNCIL MEMBER REPORTS City Manager Van Milligen shared the fact that Nicholson's National League of Cities' Information, Technology & _ Communications Steering Committee members from all over the United States were in Dubuque for a recent meeting and that he had given the Dubuque 2005 powerpoint presentation. The Eugene, OR Council Member Nancy Nathanson was so impressed she shared the presentation with her City Council. ITEMS TO BE SET FOR PUBLIC HEARING Loras College - Request to Vacate: City Manager recom- mending that a public hearing be set for June 3, 2002 to con- sider a request from Loras College to vacate Helena Street and a portion of Henion__ Street, upon motion received and filed. Michalski moved adoption of Resolution No. 271-02 Approving plat of pro- posed vacated Helena Street and a portion of Henion Street. Seconded by Nicholson. Motion -carried 7-0. Ordinance No. 41-02 Vacating Helena Street and a portion of- Henion Street, presented and read. Michalski moved that the requirement that a pro- posed Ordinance be consid- ered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspend- ed and further moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7- 0. Michalski moved adoption of Resolution No. 272-02 of Intent to dispose of City inter- est in Lots 1A and 2A of Hodgdon's Subdivision in the City of Dubuque, Iowa, with public hearing set for 6/3/02 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 prescribed by law. Seconded by Nicholson. Motion carried 7-0. South Fork Phase III - Acceptance and Connection Fees: City Manager recom- mending acceptance of the - South Fork Sanitary Sewer Extension Project - Phase III in the final contract amount of $613,467.99 and that a public hearing be set for June 17, 2002 on the establishment of connection fees, upon motion received and filed. Michalski moved adoption of Resolution No. 273-02 Accepting the_ public improvement to the South Fork Sanitary Sewer Project - Phase III; Resolution No. 274-02 Approving final cost of the improvement to the South Fork Sanitary Sewer Project - Phase III; Resolution No. 275-02 Providing for notice of the date, time and place of a public hearing on an ordinance establishing the South Fork Sanitary Sewer Project Phase III and a sched- ule of connection fees, and setting this for public hearing on 6/17/02 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. Seconded by Nicholson. Motion carried 7- 0. At 8:37 P.M. upon motion it was resolved to go into Closed Session: re: Property Acquisition - Chapter 21.5(1)(j) 2001 Code of Iowa. At 9:08 P.M. Council recon- vened Regular Session stating,. that Staff had been given proper direction. There being no further busi- ness, upon motion meeting adjourned at 9:09 P.M. /s/ Karen M. Chesterman Deputy City Clerk -It 5/29 '1 STATE OF IOWA DUBUQUE COUNTY I, Communications, Inc., an Iowa corporation, newspaper of general circulation published Dubuque and State of Iowa; hereby certify tl in said newspaper on the following dates , 20 • , and for w { S CERTIFICATION OF TAMMY M. FELDMANN ��r Subscribed to before Notary Public in this .Z.' day of Notary I 0 Iranspor[airon- iur ara wcu N o.� M" • v .. Woodward Museum (Freight No. 263-02 Granting the way "Town Clock Plaza"; House) Restoration Project, issuance of forty-four renewal amending the City of Dubuque upon motion received and permits to sell cigarettes and Code of Ordinances by repeal - CITY OF DUBUQUE, IOWA filed. Buol moved adoption of cigarette papers within the ing Section 9-19 Prohibiting COUNCIL PROCEEDINGS Resolution No. 257-02 City; Resolution No. 264-02 riding a bicycle in Town Clock OFFICIAL Authorizing a Supplemental.. Granting the issuance of a Plaza; by amending Section City Council, Regular Agreement with the Iowa Class "B" Beer Permit (5-Day 18-2 225-26 Prohibiting the Session, May 20, 2002 Department of Transportation Special Event) . to Catfish.. use of live vegetation for sup - Council met in Regular for the Woodward Museum Festival; Resolution No. 265- port of overhead conductor Session at 6:30 P.M. in the (Freight House) Restoration 02 Granting issuance of a spans except in Town Clock Library Auditorium Project. Seconded by Cline. Class "A ' (Club) Liquor Plaza by deleting the reference Present: Mayor Duggan, Motion carried 7-0. license to Dubuque Golf and to Town Clock Plaza; by Council Members Buol, Cline, Northwest Arterial - IDOT Country Club and a Class "C" repealing Chapter 31 Article VII Connors, Markham, Michalski,- Agreement: City Manager rec- Beer/Liquor License to Town Clock Plaza prohibiting Nicholson, City Manager ommending approval of a Pre- Breaktime Bar & Grill; Tott's certain uses of Town Clock Michael Van Milligen, construction Agreement with.. Tap; Underground, Bricktown, Plaza without a lease; by Corporation Counsel Barry the Iowa Department of and Stonewall; and amending Section 32-250(a) Lindahl. Transportation relating to the Dempseys/Molly's Pub and_ prohibiting certain nonmotor- Mayor Duggan read the call construction of Iowa 32 Grub. Seconded by Cline. ized vehicles in Town Clock and stated this is the Regular (Northwest Arterial) from John Motion carried 7-0. Plaza and other places by Session of the City Council F. Kennedy Road to US 52, BOARDS/COMMISSIONS deleting the reference to Town called for the purpose of act- upon motion received and Interviews for the following Clock Plaza; and by repealing ing upon such business which_ filed. Buol moved adoption of Commissions: Section 35-27 exempting may properly come before the Resolution No. 258-02 Civil Service Commission Town Clock Plaza from the City Council. Approving Pre -Construction (One four year term to expire requirement for certain busi- Invocation was given by Rev. Agreement No. 99-4-095C_ 4/6/06 - Kluesner). Applicant: ness licenses, presented and Wayne A. Ressler, Pastor of with the Iowa Department of Loras Kluesner. No one read. Buol moved that the Nativity Catholic Church. Transportation relating to the spoke. requirement that a proposed Proclamation: "Legal construction of Iowa 32 Investment Oversights Ordinance be considered and Services Corporation of Iowa" (Northwest Arterial) from John Commission (One term to voted on for passage at two - May, 2002 received by Diane F. Kennedy Road to US 52. - expire 7/1/05 - Spielman). Council Meetings prior to the Wilson, Managing Attorney of Seconded by Cline. Motion Applicant: Charles Spielman. meeting at which it is to be Legal Services in Dubuque. - carried 7-0. No one spoke. finally passed be suspended CONSENT ITEMS Harvest Business Center - PUBLIC HEARINGS and further moved final con - Minutes Submitted: Airport Final Plat (Street Renaming): Upon motion the rules were sideration and passage of the Commission of 4/29; City City Manager recommending suspended to allow anyone Ordinance. ' Seconded by Council of 5/6; Civil Service approval of the final plat of- present to address the Council Cline. Carried by the following Commission of 4/26; Housing Harvest Business Center (pre- if they so desire. _ vote: Yeas—Buol, Cline, Commission of 4/23; Human viously approved on March 18, Callahan Construction - Connors, Markham, Michalski, Rights Commission of 4/8; 2002) as the developer has Request to Rezone and' Nicholson. Nays —Duggan. Investment Oversight Advisory requested that the original Voluntary Annexation: Interstate Power and Light Commission of 5/8; Park and street name of Commerce Proof of publication on notice Company Rate Case: City Recreation Commission of 4/9;_ Court be renamed to Meinen of hearing to consider rezoning Manager requesting authorize - Plumbing Board of 5/2; Transit Court, upon motion received property located on Seippel tion to hire legal counsel to Board of 4/18; Zoning and filed. Buol moved adop- Road from County R-2 to City represent the City of Dubuque Advisory Commission of 5/1; tion of Resolution No. 259-02 _ R-2 Two -Family Residential in the Interstate Power and Zoning Board of Adjustment of Rescinding Resolution No. District, R-4 Multi -Family Light Company rate case to 4/25, upon motion received 169-02 and reaffirming the Residential District, and CS ensure that the community's and filed. final plat of Harvest Business Commercial Service and interests are represented, Michalski, referring to the Center, in the City of Dubuque, Wholesale District in conjunc- upon motion received and file• Airport Comm. minutes, ques- Iowa. Seconded by Cline. tion with annexation and and approved request. tioned Markham as an Airport Motion carried 7-0. Zoning Advisory Commission Mayor Duggan turned control Commission member, as to_ Fiscal Year 2003 Community recommending approval; of the meeting to the Mayor any impact with the new Development Block Grant Zoning Advisory Commission Pro-Tem due to possible con - Airport restaurant contractor's Program: City Manager rec- recommending approval of the flict of interest. recent financial difficulties. ommending authorization of preliminary plat of Callahan Mississippi Valley Truck Markham stated that major the publication of a Combined- Subdivision with conditions Center, Inc.: City Manager improvements had been made Notice of No Significant and subject to annexation;_ recommending approval of the and work continued. Impact on the Environment City Manager recommending establishment of the fair mar - Printed City Council and Notice of Intent to approval of the annexation and ket value and commencement Proceedings for January, Request Release of Funds for certain components of the of negotiations for property in 2002, upon motion approved Community Development request for assistance to build the Port of Dubuque, upon as printed. Block Grant activities, upon owner occupied affordable motion received and filed. Finance Director submitting motion received and filed. housing; communication of Cline moved adoption of the Financial Reports for the Buol moved adoption of Roseann Schromen objecting Resolution No. 269-02 month ending April 30, 2002; Resolution No. 260-02_ to the proposed rezoning and Establishing Fair Market Value Investment . Oversight Authorizing publication of the development, presented and for the acquisition of certain Commission submitting the Combined Notice of No read. real property owned by Significant Impact on the An Ordinance Amending Mississippi Valley Truck Environment and Notice of Appendix A (the Zoning Center, Inc. Seconded by Intent to Request Release of Ordinance) of the City of Nicholson. Motion carried 6-0. Funds for certain Community Dubuque Code of Ordinances Mayor returned and took con - Development Block Grant pro- by reclassifying hereinafter trol of .the meeting. jects for Fiscal Year 2003 described property located at Dubuque Area Chamber of (Program Year 2002). 13000 block of Seippel Road Commerce - Purchase of Seconded by Cline. Motion.. from Dubuque County R-2 Service Agreement: City carried 7-0. Rural Residential to City of Manager recommending approval of a Purchase of Service Agreement with the Dubuque Area Chamber of Commerce Convention and Visitors Bureau for Fiscal Year 2003 in the amount of $475,756 and to provide greater City Council involve- 36th Quarterly Report, upon motion received and filed. Proof of publication of City Council Proceedings of 4/15/02; Proof of publication_ of.List of Claims and Summary of Revenues for the month ending March, 2002, upon motionof received and filed. Notice Project Concern - Fiscal Year Dubuque R-2 Two -Family inClaimsdita: John ro1 _ Kivlahan. inestimated amount 2002 Amendment: City Residential District, R-4 Multi - of $262.50; The Adams Manager recommending Family Residential District and Company vs. the City of approval of an amendment to CS Commercial Service and Dubuque and the City Council the Fiscal Year 2002 Purchase Wholesale District, concurrent of the City of Dubuque; Dodds,.' of Service Agreement with with annexation, presented River Terminal, et al, vs. the Project Concern, upon motion and read. City of Dubuque and the City received and filed and A Resolution Annexing cer- Council of the City of approved recommendation. _ tain territory to the City of ment in review of the market - Dubuque, upon motion Lead Based Paint Hazard Dubuque, presented and read. ing plan and budgeting referred to the Legal Staff for Reduction Grant: Joe Callahan, owner and pro-_ process for the use of these investigation and report. Communication from the posed developer, spoke clari- City funds, upon motion Corporation Counsel advising Community Development fying this proposed project of received and filed and that the following claim has Advisory Commission recom- moderate income housing on approved recommendation. been referred to Public Entity mending support for the allo- Seippel Rd. and gave the Fourth Street Parking Ramp Risk Services of Iowa, the cation of $60,000 of CDBG Council pictures of similar Rates: City Manager recom- agent for the Iowa funds for Fiscal Years '2003, houses developed in mending approval of the park - Communities Assurance Pool: 2004 and 2005 for the Lead Rochester. He also requested ing rate fees for both monthly Jerry Turner for property dam- Based Paint Hazard Reduction, changes in street asphalt contract. parking and hourly age, upon motion received Program, upon motion depths and City help with rates for the Fourth Street and filed and concurred. received and filed. water and sewer installations.._ Parking Ramp, upon motion Corporation Counsel recom- Architectural Design Maureen Harris of 13521 received and filed and mending approval of the claim Guidelines: The Historic Seippel Rd. spoke objecting to approved. of Darlene Millard in the Preservation Commission rec- the proposed development Community Partnership (cp2) amount of $485.04 for vehicle ommending approval of the - because of its density and Program -- Fiscal Year 2003 damage and Finance Director_ Architectural Guidelines for additional traffic, and ques- Recommendation: City to issue payment, upon motion Historic Structures, upon tioned services for any Section Manager recommending received and filed and con- motion received and filed and 8 residents. approval of the allocation of curred and directed Finance approved Guidelines. - Roseann Schromen, 13782 Fiscal Year 2003 Community Director to issue payment. Easement Agreement for Seippel Rd., as the immediate Partnership Program funds to Citizen Communications:: Recreational Trail: City northerly property owner,, the Gannon Center ($18,500), Communication from Robert Manager recommending spoke objecting to the project, Hillcrest Family Services Byrne and Cynthia Nelms- approval of an easement citing the density of the•devel- ($50,000), Northeast low - Bryne, The Main Gallery and agreement with Interstate opment if duplexes are School of Music ($17,305) and Studio, registering their objec- Power and Light Company for allowed, and the problem of Scenic Valley Agency on Aging tion to Mr. John Finn's request_ the City to construct a recre- over -development, as well as ($20,000), upon motion to have a permanent right to ational trail on their property, traffic problems on Middle received and filed. Cline expand outside the Busted upon motion received and filed Road. moved adoption of Resolution Lift, upon motion received and and approved agreement. _ Karen Gerhard, 1294 Middle No. 270-02 Authorizing the filed and referred to the City Quebecor Enterprise Zone Rd., spoke objecting to the award of Community Manager. Agreement: City Manager rec- possibility of seven houses on_ Partnership Program (cp2) Communication from John ommending approval of an one acre lots. Funds for Fiscal Year 2003. Finn in support of his request Enterprise Zone Agreement Bridget Stepanovich, 6197 Seconded by Nicholson. - to have an outdoor patio at with the Iowa Department of Middle Rd., spoke of safety Motion carried 7-0. The Busted Lift and respond- Economic Development for concerns. Mayor Duggan turned control ing to concerns from neigh:. Quebecor World Dubuque, Council discussed the pro- of the meeting to the Mayor bors, upon motion received Inc. related to Quebecor's posal at length. . Pro-Tem due to possible con - and filed and referred to the expansion on Kerper Buol moved that the proofs flict of interest. City Manager. Boulevard, upon motion,. and communications be MWF Properties/Felderman U.S. Department of Housing received and filed. Buol received and filed, moved that Business Partnership - Amend and Urban Development: moved adoption of Resolution the requirement that a pro- PUD (First Reading on Communication from the U.S. No. 261-02 Approving an posed Ordinance be consid-- 4/15/02; Second Reading on Department of Housing and Enterprise Zone Agreement by ered and voted on for passage 5/6/02): Urban Development advising and among the Iowa at two Council Meetings prior Ordinance No. 40-02 that the City has been Department of Economic to the meeting at which it is to Amending Appendix A (the approved for a special project... Development, the City of be finally passed be suspend- Zoning Ordinance) of the City grant for Fiscal Year 2002 and Dubuque and Quebecor World ed and further moved final of Dubuque Code of communication from the U.S. Dubuque, Incorporated. consideration and passage of Ordinances by amending the Department of Housing and Seconded by Cline. Motion... the Ordinance, and adoption Conceptual Development Plan Urban Development regarding carried 7-0. of the Resolution. Seconded for property located at the end the on -site review of the City's McGraw Hill - Certificate of by Nicholson. Vote on the_ of Raven Oaks Drive and cur - Community Development Completion: City Manager motion was as follows: rently zoned PUD Planned Unit Block Grant Program, upon recommending the issuance of Yeas— Buol, Nicholson. Nays Development District with a_ motion received and filed. a Certificate of Completion to —Cline, Connors, Duggan, PR Planned Residential State Historical Society of the developer of the McGraw- Markham, Michalski, Designation, said Ordinance Iowa: Communication from.... Hill project acknowledging Nicholson, Motion failed 2-5. having been presented and the State Historical Society of achievement of their obligation Education and Conference read on 4/15/02 and 5/6/02, Iowa advising that The Grand to complete minimum Center - Bid Package #1: now presented for final action. Opera House will be consid- improvements as stipulated in_ Proofs of publication on notice Markham moved further ered by the State National the Development Agreement, of hearing on plans and speci- moved final consideration and Register Nominations Review upon motion received and filed fications, and notice to bidders passage of the Ordinance. Committee for nomination to and approved issuance of on the receipt of bids, and City Seconded by Connors. the National Register of Certificate. Manager recommending Carried by the following vote:_ Historic Places, upon motion Giese Manufacturing award of the contract for the Yeas —Connors, Markham, received and filed. Company Development Education and Conference Michalski, Nicholson. Nays — Iowa Governor's Traffic Agreement: City Manager rec- Center - Bid Package #1 Buol, Cline. Safety Bureau Grant: City ommending approval of a Project to Kraemer Brothers in Communication from Bob Manager recommending minor change in the the amount of $1,597,000, Felderman, Continental Realty approval of the submission of Development Agreement with_ upon motion received and & Felderman Appraisals, in a grant application to the Iowa Giese Manufacturing filed. Cline moved adoption of support of the proposed pro - Governor's Traffic Safety Company previously approved Resolution - No. 266-02_ ject, upon motion received and Bureau in the amount of. by Council for construction of Adopting plans and specifica- filed. $19,640, upon motion a 28,500 square foot facility tions for the project and Communication from_ received and filed and rather than a 30,000 square Resolution No. 267-02 Dominic Goodmann III, in sup - approved. foot facility, upon motion Awarding contract to Kraemer port of the application of MWF received and filed and Brothers. Seconded by Properties and , Felderman of Cities' Information, Technology &_ Communications Steering Committee members from all over the United States were in Dubuque for a recent meeting and that he had given the Dubuque 2005 powerpoint presentation. The Eugene, OR Council Member Nancy Nathanson was so impressed she shared the presentation with her City Council. ITEMS TO BE SET FOR PUBLIC HEARING Loras College - Request to Vacate: City Manager recom- mending that a public hearing be set for June 3, 2002 to con- sider a request from Loras College to vacate Helena Street and a portion of Henion__ Street, upon motion received and filed. Michalski moved adoption of Resolution No. 271-02 Approving plat of pro- posed vacated Helena Street and a portion of Henion Street. Seconded by Nicholson. Motion 'carried 7-0. Ordinance No. 41-02 Vacating Helena Street and a portion of Henion Street, presented and read. Michalski moved. that the requirement that a pro- posed Ordinance be consid- ered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspend- ed and further moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7- 0. Michalski moved adoption of Resolution No. 272-02 of Intent to dispose of City inter- est in Lots 1A and 2A of Hodgdon's Subdivision in the City of Dubuque, Iowa, with public hearing set for 6/3/02 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 prescribed by law. Seconded by Nicholson. Motion carried 7-0. South Fork Phase III - Acceptance and Connection Fees: City Manager recom- mending acceptance of the South Fork Sanitary Sewer Extension Project - Phase III in the final contract amount of $613,467.99 and that a public hearing be set for June 17, 2002 on the establishment of connection fees, upon motion received and filed. Michalski moved adoption of Resolution No. 273-02 Accepting the public improvement to the South Fork Sanitary Sewer Project - Phase III; Resolution No. 274-02 Approving final cost of the improvement to the South Fork Sanitary Sewer Project - Phase III; Resolution No. 275-02 Providing for notice of the date, time and place of a public hearing on an_ ordinance establishing the South Fork Sanitary Sewer Project Phase III and a sched- ule of connection fees, and setting this for public hearing on 6/17/02 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. Seconded by Nicholson. Motion carried 7- 0. At 8:37 P.M. upon motion it was resolved to go into Closed Session: re: Property Acquisition - Chapter 21.5(1)(j) 2001 Code of Iowa. At 9:08 P.M. Council recon- vened Regular Session stating r that Staff had been given proper direction. There being no further busi- ness, upon motion meeting adjourned at 9:09 P.M. /s/ Karen M. Chesterman Deputy City Clerk 1t 5/29 1 STATE OF IOWA DUBUQUE COUNTY I, Communications, Inc., an Iowa corporation, newspaper of general circulation published Dubuque and State of Iowa; hereby certify t in said newspaper on the following dates , 20 OcP-,, and for %I l 'S CERTIFICATION OF TAMMY M. FELDMANN ! Lt'%7L�77 Subscribed to before n allotary Public in this` 1, day of, Notary 1 0