Proof Council Min 6 17 02There be!rig ~
east of Devor~ Dr{va from PC
planned Commercial District
to ~p I~stitutionar District to
a~low~ construction Of a new
received at*~d filed.
moved that the
45 west 13th street -
reCbn~mending
pproval of a request from
!ubUque Bank and Trust to
Drive and dem01ishastrust~relocatedst
C01!ids: ~treet from pUD 45 West~3~Sfreettoprovide
an amended
and voted on
two
Iowa advising that
at 45
pc~se~s architectural Or hfs-
torioal:attributes that W0BId
for
i30~-1322 lowa street -
Request for Dem~)lition Permit:
; Markham. Historic preservation
C0rhmissio~ recdmmending
,n it was re~ived approval of a request from
ig Dubuque Bank and Trust ~to
demolish astructum located at
i300 - 1322 iowa Street
to con~ rezoning prop:
3rdinance
service
State Historical Society of
iowa advising that the struc~
at 1300 - 1322
architectural'
attributes ~that would
in the National
at
City's legal
Who~esa!~ D~trict, presented
: MichalSki moved t0 table this
seCOnded
0mmending ~
relOCation of
thirty feet north o~
location in
Dubuque to allow constrUction
Of the Bell Street Extenside
and the reconstruction of Pine
Street, presented and r~d.
Michatski moved to table
action On this maffer.
Seconded bY BUOI: Mof~on
carried 7;0.
Convention
Bureau; CommuniCation from
th~ Conventio and Visitors
Member be
InterState Power and Li
Con~ors as ,the
~cOU CIL MEMBER
REPORTS
Lakes Assn. Construction project~
to the pdesi- ITEMS TO BE SET FOR
-CDBG Pr0iect:
and Resolution No. 325-02
d?-
Lots 7, Na~idr
~ear!n~
sider a request tr0m Robert
Cartmill ~nd Glenn and
39 o~
Mechanic's Addition and ~ur-
ther set this dis~ for public
'AuditoriUm and that the-City
Clerk p~blish notice [ngthe
Approving a plat of easement_
for Storm and sanitary sewers
across LOt 138 and Lot 139 of
Mechanic's Addition in ~he
City of Dubuque, Dubuque
County, iowa. Seconded by
NJcholson. Motion carried 7-
At 8 38 P.M.:there being no
further business, Buol moved
to adjourni Seconded by_
Midha!ski. Motion carried 7-0.
/s/Jeanne F. Schneider, CMC
C~ty Clerk
~t e/2e ·
STATE OF IOWA
DUBUQUE COUNTY
{ SS:
CERT/FICAYiON 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 [
Dubuque and State of Iowa; hereby certify that the attached
in said newspaper on the following dates ~
_ , 20~O~- , and for which the charge [
Subscribed to befor~w~a Notary Public in and
this__~'~E;E dayof ~
for Dubuque C
received
lads and ;
~eSolution No.
meeting to commence at 6:30
P.M; inthe public ~brar
~orium
pubtish notice in the ~
prescribed by law and
Resolution .No. 313;02
bide; ' Seconded b
- 20O2
Maidtenance D~ging Project
Motion carried 7'-
auditorium and
EXtension
,v. ^^n.sla ,ozko9 ft.i, I£,A..1Q, j.,mai aog4ey, •o}. UotL?ldwoa. I anuiwoo of pepea!p seen gels
PIANOS &ORGANS )dea eql io uo!le0gue!o luiod
— Platteville, WI 1-888-349-6621 lu!od a 6uin!6 e>iods sweH
ea ao1.09.4] luewdoiene0
We Buy Musical Instruments! anwwo3 pue6uisnaoH'4!O
— daa
Uncle Ikes Music 556-6052 a R.WwoO
Corner of JFK & Asbury Rd. !snoH a!gepaoi3V
idn000-ieuMO NI 6u!ssno
— p io asodand an aoi papa
tedders on hand.
SCHERRMAN'S IMPL.
Dyersville, IA 563-875-2426
Monticello, IA 319 565 3519
i
644
Exercise
Equipment
Dumbbells and Free weights
THE BIKE SHACK
582-4381
646
Fireplaces/Wood/
Fumaces/Fuel
Split & dried firewood. Pickup
or will deliver. American Tree
Service. 563-556-5740
650 Furniture
2 green swivel rockers &
ottoman, 6 mos. old.
Excellent! $150. 582-4482
Twin bed complete, almost
new $35. 583-5200
Beds at SHARON'S!
Excellent quality, complete,
traded in. Singles $125, Full
$145, Queen $165, King,
excellent with framework $265
FINANCING & DELIVERY
4'3400 Central `Y11-5`11
Y'Sharon'sY'556-0624 Y'
KING SIZE BED
with wooden headboard,
complete, good condition,
$75. Call 583-7366
Oak entertainment center.
672 Pets/Suppliesano° /4i All io uo!ssas
)ads EAT s!ql palels pue
aql peal ue66n0 aor(eyy
Affectionate, declawed, neu- N Pu!q
tered house cat $25. 556-2203 se !esuno3 uo!leaddaoO
)61II!W ueA laey0!IN
8 week old female kitten withieue!nl '4!O 'uos!og0!N
blue eyes, $35. Call 582-4371 s!ego!IN 'wegr!aevl 'saouuo0
q!O 'long saegwelnl p0uno0
FREE 3 yr old F Beagle, ex. w/;66na aor(evN :luesaad
kids, outdoor dog. 588-2420 •wnuoi!pne
uqri eqi u! uoiss0S iviced9
German Shepherd cross pup, law Iiouno0 'INN OE:9 IV
born 4-25, $20. 563-744-3604 epunmoa rSeaq!i eql u!AK'W'd
:g le aauu!a aoi law p0unoO
Lab, 8 weeks old, vet Z00Z L I aunt 'uo!ssaS
checked, shots, wormed & Wads '!!oun03 (3IO
dew clawed. 89.$20T 101.44O
608 348 6389. ;ONI0330OI:Id IIONIIOO
FREE! Mixed breed pups, less `3nbnana d0 A.UO
than 1 year old. 563-870-3875 srorrr ancrs'annary sewers
ross Lot 138 and Lot 139 of
5chanic's Addition in the
ty of Dubuque, Dubuque
,unty, Iowa. Seconded by
cholson. Motion carried 7-
4t 8:38 P.M. there being no
-ther business, Buol moved
adjourn. Seconded by_
ichalski. Motion carried 7-0.
/ Jeanne F. Schneider, CMC
City Clerk
6/26
(2) COON PUPS,
4 months old, $25 each.
563-870-3875
FREE kittens, leukemia neg.,
All vac. & wormed. 582-8417
FREE indoor kittens to good
home, gray & white. 599-0723
Tiger striped kitten, free to
good home. 587-0090
Purebred Golden . Retrievers,
beautiful AKC Reg. pups,
family raised, dewclaws,
wormed, 1st shots. Males
$300. After 6 pm 563-875-8641
2 RAT TERRIER PUPPIES
7 weeks old. $25 each.
563-542-0092
leave message.
STATE OF IOWA
DUBUQUE COUNTY
{ SS:
CERTIFICATION OF PUBLICATION
I, 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 the attached notice was published
in said newspaper on the following dates n e a 6,
, 20 0 , and for which the charge is $ ?S` 77
Subscribed to befor , a Notary Public in and for Dubuque County, Iowa,
this o2' 2 day of 20 ° a.
�Y7
Notary PuP in and for Dubuque County, Iowa
MAgY IC VIikilt@H RVIIN
Commission Number 154885
My Comm. Exp. FEB. 1, 2005
the work in this area.
There being no further busi-
ness, upon motion special
session adjourned at 6:28 P.M.
i /s/ Jeanne F. Schneider, CMC
City Clerk
__---„CITY OF DUBUQUE,
IOWA
COUNC OFFICIAL EDINGS
City Council, Regular -
Session, June 17, 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 A.
Lindahl.
Mayor Duggan read the call
and stated this is a regular
session of the City Council
called for the purpose of dis-
cussing such matters which
may properly come before the
City Council.
Invocation was given by.
Reverend Merlin Schlichting,
Pastor, St: Peter Lutheran
Church.
CONSENT ITEMS
Minutes Submitted: City
Council of 6/3 and 6/10; Civil
Service of 5/8; Electrical Code
Board of 5/20; Historic
Preservation Commission of
5/16; Mechanical Board of
5/23; Park and Recreation
Commission of 5/14; Zoning
Board of Adjustment of 5/23,
upon motion received and
filed. Proofs of publication of
City Council Proceedings for
May 6 and 20, 2002; and List
of Claims and Summary of
Revenues for month ending
April 30, 2002, upon motion
received and filed. Finance
Director submitting the City of
Dubuque Financial Reports for
the month ending May 31,
2002, upon motion received
and filed.
Notice of Claims/Suits:
Robert Clement in estimated
amount of $145.03 for vehicle
damage; Cottingham and.,
Butler in estimated amount of
$89.95 for vehicle damage;
Jason Duehr in estimated
amount of $3,600 for vehicle
damage; Neil Kelley in estimat-
ed amount of $10,000 for
property damage; Neil Nelson
in estimated amount of
$15,000 for personal injury;
Dubuque Bank and Trust vs.
Richard WhiteHousing Services
City o
Dubuque, Dupaco
Department,
Community Credit Union,
Appliance Furniture Rent All
and State of Iowa, upon
motion referred to the Legal
Staff for investigation and
report.
Corporation Counsel advising
that the following claims have
been referred to Public Entity
Risk Services of Iowa, the
agent for the Iowa
Communities Assurance Pool:
Cottingeham and Hein elma )ufor petler r-
sonal injury; Jason Duehr for
vehicle damage; and Neil E.
Kelley for property damage
upon motion received and filed
and concurred.
Corporation Counsel recom-
mending settlement of the
claim of Marissa Schultz in the
amount of $511.40 for vehicle
damage and directing the
Finance Director to issue pay -
Development LLC, the
Developer of the Harbor View
Place Project at 300 Main
Street, upon motion received
and filed and approved recom-
mendation.
Request for Qualifications -
Brewery Property: City
Manager recommending
approval of the issuance of a
Request for Qualifications to
solicit qualified developers or
development teams for the
redevelopment of the former
Dubuque Star Brewery
Building in the Port of
Dubuque, upon motion
received and filed and
approved recommendation.
Bell and Fifth Streets - Iowa
Department of Transportation
Agreement City Manager
a g orfrec-
ommending approval
an
agreement between the City of
Dubuque and the Iowa
Department of Transportation
(IDOT) for financial assistance
relating to the construction,
landscaping, and amenities of
Bell Street and Fifth Street,
upon motion received and
filed. Buol moved adoption of
Resolution No. 305-02
Approving the agreement
between the City of Dubuque
and the Iowa Department of
Transportation for the Bell
Street and Fifth Street
Construction. Seconded by
Markham. Motion carried 7-0.
Jackson and Locust Streets -
Iowa Department of
Transportation Agreement
City Manager recommending
approval of an agreement
between the City of Dubuque
and the Iowa Department of
Transportation (IDOT) for
financial assistance relating to
the resurfacing of Jackson
Street and West Locust Street,
upon motion received and
filed. Buol moved adoption of
Resolution No. 306-02
Approving the agreement
between the City of Dubuque
and the Iowa Department of
Transportation for the Jackson
Street and West Locust Street
resurfacing. Seconded by
Markham. Motion carried 7-0.
2002 Local Law (Enforce Cent
Block Grant Application: y-
Manager recommending
approval of the 2002 Local
Law Enforcement Block Grant
application to the Bureau of
Justice Assistance, upon
motion received and filed and
approved.
City of Dubuque
Representation: from
Communication
Corporation Counsel regard-
ing the issue of conflict of
interest and the City's legal
representation, upon motion
received and filed and
approved.
Iowa Utilities Board:
Communication of City
Manager Michael C. Van
Milligen to the Iowa Utilities
Board regarding the electric
rate increase request of
Interstate Power and Light
Company (Alliant Energy
Company), upon motion
received and filed.
City Manager Employment
Agreement Submittal of the
Eleventh Amendment to the
City Manager's Employment,
Agreement for approval, upon
motion received and filed and
approved.
Dubuque County Historical
Society: Communication from
the Dubuque County Historical
rPauestino that the
east of Devon Drive from PC
Planned Commercial District
to ID Institutional District to
allow construction of a new
soccer field and parking lot
and Zoning Advisory
Commission recommending
approval, upon motion
received and filed.
Tracy Wagner, 256 S.
Grandview,Alannnis Burr, 256 S.
augh of
IIW, and
Grandview, all spoke in sup-
port of the request and clari-
fied various points.
Ordinance No. 48-02
Amending Appendix A (the
Zoning Ordinance) of the City
of Dubuque Code of
Ordinances by reclassifying
hereinafter described property
located north of Dodge Street
between Devon Drive and
Collins Street from PUD
Planned Unit Development.
District with a PC Planned
Commercial Designation to ID
Institutional District and
approving an amended
Conceptual Development Plan
for the University of Dubuque,
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 fur-
ther moved final consideration
and passage of the Markham.
Seconded by
Motion carried 7-0.
Upon motion it was resolved
to remove the following from
the table.
Randy Davis - 840 Roosevelt
Street - Request to Rezone
(fabled on 4/15/02) Proof of
publication on notice of hear-
ing to consider rezoning prop-
erty located at 840 Roosevelt
Street from R-1 Single Family
Residential District to CS
Commercial Service and
Wholesale District at the
request of Randy Davis and
Zoning Advisory Commission
recommending denial,aland an
ndian
Ordinance
Appendix A (the Zoning
Ordinance) of the City of
Dubuque Code of Ordince
by reclassifying property
locat-
ed at 840 Roosevelt Street..
from R-1 Single Family
Residential District to CS
Commercial Service and
Wholesale District, presented
and read.
Michalski moved to table this
matter indefinitely. Seconded
by Nicholson. Vote on the
motion was as fllMaokoam:
Yeas —Duggan,
Michalski. Nays—Buol, Cline,
Connors, Nicholson. Motion
failed 3-4.
Nicholson moved to concur
with the recommended denial.
Seconded by Cline. Carried
by the following vote: Yeas—
Buol, Cline, Connors,
Nicholson. Nays —Duggan,
Markham, Michalski.
South Fork Sanitary Sewer -
Phase III Connection Fees:
Proof of publication on notice
of hearing to consider an ordi-
nance to establish the South
Fork Sanitary Sewer Project -
Phase III schedule of connec-
tion fees and City Mpon
er
recommending approval,
motion received and filed.
Tom Hinz, 14277 Green Hill
Drive, as a representative of
the Barrington Lakes Assn.,
spoke objecting to the possi-
bility of the City running the
. _ a nestati
of assessing civil penalties
against nine tobacco permit
holders, and the appeals
against the Liquor Depot and
McCann's IOCO to be tabled
pending legal action, present-
ed and read. Markham
moved that the penalties be
assessed for the tobacco per-
mit holders and to table
con-
sideration of the appeals
against the Liquor Depot to
July 1, 2002, and McCann's
IOCO pending outcome of
legal action. Seconded by
Michalski. Motion carried 7-0.
45 West 13th Street -
Request for Demolition Permit:
Historic Preservation
Commission recommending
approval of a request from
Dubuque Bank and Trust to
demolish a structure located at
45 West 13th Street to provide
parking for the planned reha-
bilitation of the Bell Block and
Ziepprecht Buildings (former,
Walsh Store), and communica-
tion from the State Historical
Society of Iowa advising that
the structure located at 45
West 13th Street does not
possess architectural or his-
torical attributes that would
qualify it for listing in the
National Register of Historic
Places, upon motion received
and filed and approved demo-
lition.
1300-1322 Iowa Street -
Request for Demolition Permit:
Historic Preservation
Commission recommending
approval of a request from
Dubuque Bank and Trust to —
demolish a structure located at
1300 - 1322 Iowa Street (True
Value) to provide parking for
the planned rehabilitation of
the Bell Block and Ziepprecht
Buildings (former Walsh Store)
and communication from the
State Historical Society of
Iowa advising that the struc-
ture located at 1300 - 1322
Iowa Street does not possess
architectural or, historical
attributes that would qualify it
for listing in the National
Register of Historic Places,
upon motion received and filed
and approved demolition.
Transmission Pole
Relocation: City Manager
rec-
ommending approval of
the
relocation of a major lattice
structure transmission pole to
thirty feet north of its current
location in the Port of
Dubuque to allow construction
of the Bell Street Extension
and the reconstruction of Pine
Street, presented and read.
Michalski moved to table
action on Bumatter.
ol. this
Seconded by Motion
carried 7-0.
Convention and Visitors
Bureau: Communication from
the Convention and Visitors
Bureau requesting that a sec-
ond City Council Member be
appointed to the Convention
and Visitors Bureau Advisory
Board, upon motion received
and filed and selected Joyce
Connors as the second
Council appointee.
COUNCIL MEMBER
REPORTS
Markham requested an
update on the Fengler Street
Overpass Project. Nicholson
reported that he had been
asked to go on a Boss Lift to
Norfolk. Cline requested an
update on the NW Arterial,
Construction project.
ITEMS TO BE SET FOR
PUBLIC HEARING
2002 Curb Ramp Installation
and Resolution No. 325-02
Ordering bids. Seconded by
Nicholson. Motion carried 7-
0'
Sale of City Lots -, Napier
Street: City Manager recom-
mending that a public hearing
be set for July 1, 2002 to con-
sider a request from Robert J__
Cartmill and Glenn and
Georgia BankSon to purchase
Lots 138 and 139 of
Mechanic's Addition on the
north side of Napier Street.
upon motion received and
filed. Michalski moved adop-
tion of Resolution No. 326-02
of Intent to dispose of City
interest in Lots 138 and 139 of..
Mechanic's Addition and fur-
ther set this disposal for public
hearing on 7/1/02 at a meet-
ing 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 and
Resolution No. 327-02
Approving a plat of easement_
for storm and sanitary sewers
across Lot 138 and Lot 139 of
Mechanic's Addition in the
City of Dubuque, Dubuque
County, Iowa. Seconded by
Nicholson. Motion carried 7-
0.
At 8:38 P.M. there being no
further business, Buol moved
to adjourn. Seconded by
Michalski. Motion carried 7-0.
/s/ Jeanne F. City c neider, CMC
1 t 6/26
STATE OF IOWA
DUBUQUE COUNTY
{ SS:
CERTIFICATION OF PUBLICATION
I, 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 the attached notice was published
in said newspaper on the following dates n e 6,
, 20 0 , and for which the charge is $ 7 7
Subscribed to befor
this o2 day of
a Notary Public in and for Dubuque County, Iowa,
20 Oa
Notary Public in and for Dubuque County, Iowa
MANY it: Wlil_ I NM@YIN
Commission Number 154885
My Comm. Exp. FEB. 1, 2005
the work in this area.
There being no further busi-
ness, upon motion special
session adjourned at 6:28 P.M.
/s/ Jeanne F. Schneider, CMC
City Clerk
—CITY OF DUBUQUE,
IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular -
Session, June 17, 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 A.
Lindahl.
Mayor Duggan read the call
and stated this is a regular
session of the City Council
called for the purpose of dis-
cussing such matters which
may properly come before the
City Council.
Invocation was given by.
Reverend Merlin Schlichting,
Pastor, St. Peter Lutheran
Church.
CONSENT ITEMS
Minutes Submitted: City
Council of 6/3 and 6/10; Civil
Service of 5/8; Electrical Code
Board of 5/20; Historic
Preservation Commission of
5/16; Mechanical Board of
5/23; Park and Recreation
Commission of 5/14; Zoning
Board of Adjustment of 5/23,
upon motion received and
filed. Proofs of publication of
City Council Proceedings for
May 6 and 20, 2002; and List
of Claims and Summary of
Revenues for month ending
April 30, 2002, upon motion
received and filed. Finance
Director submitting the City of
Dubuque Financial Reports for
the month ending May 31,
2002, upon motion received
and filed.
Notice of Claims/Suits:
Robert Clement in estimated
amount of $145.03 for vehicle
damage; Cottingham and,
Butler in estimated amount of
$89.95 for vehicle damage;
Jason Duehr in estimated
amount of $3,600 for vehicle
damage; Neil Kelley in estimat-
ed amount of $10,000 for
property damage; Neil Nelson
in estimated amount of
$15,000 for personal injury;
Dubuque Bank and Trust vs.
Richard White, City o
Dubuque, Housing Services
Department, Dupaco
Community Credit Union,
Appliance Furniture Rent All
and State of Iowa, upon
motion referred to the Legal
Staff for investigation and
report.
Corporation Counsel advising_
thatthe following claims have
been referred to Public Entity
Risk Services of Iowa, the
agent for the Iowa
Communities Assurance Pool:
Cottingham and Butler (for
Jeanne Heinzelman) for per-
sonal injury; Jason Duehr for
vehicle damage; and Neil E.
Kelley for property damage
upon motion received and filed
and concurred.
Corporation Counsel recom-
mending settlement of the
claim of Marissa Schultz in the
amount of $511.40 for vehicle
damage and directing the
Finance Director to issue pay-
ment, upon motion received
and filed and directed Finance
Director to issue proper pay-
ment.
Corporation Counsel recom-
mending that the claim of
Cindy Frommelt for vehicle
damage be forwarded to
Portzen Construction, upon
motion received and filed and
concurred.
Citizen Communications: a)
Communication from Brian J.
Kane expressing appreciation
for the City's efforts in control-
ling storm water in the Admiral
Street area; b)
Communication from a north -
end citizen regarding street
repair projects in the City; c)
Communication from Mary
Sack, 1700 Key Way Drive,
regarding the intersection of
Keyway and Pennsylvania; d)
Communication from Ken
Kringle, Bluff Street
Neighborhood President,
requesting permission to
install ornamental historic
lighting between First, Second
and Bluff Streets, upon motion
received and filed and referred
to the City Manager.
Civil Service Commission:
Civil Service Commission sub-
mitting the certified lists for the
positions of Medical Officer
and Police Officer, upon
motion received and filed and
made a matter of record.
895 West 32nd Street -
Acceptance of Deed:
Corporation Counsel recom-
mending that the City accept
the deed for property located
at 895 West 32nd for the West
32nd Street Detention Basin
Improvement Project, upon
motion received and filed. Buol
moved adoption of Resolution
No. 302-02 Accepting the
deed to certain real estate in
Dubuque County, Iowa from
Karen E. Maury. Seconded by
Markham. Motion carried 7-0.
Tobacco Compliance - Cops
in Shops: City Manager rec-
ommending approval of a 28E
Agreement between the Police
Department and the Iowa
Alcoholic Beverages Division
for the Cops in Shops pro-
gram, upon motion received
and filed and approved.
Fiscal Year 2003 Annual
Action Plan: City Manager
recommending approval of a
proposed change to the City's
Community Development
Block Grant Fiscal Year 2003
Annual Action Plan to provide
additional funding for the
Washington Neighborhood
Tool Library, upon motion
received and filed. Buol
mnvad adnntinn of Racnlutinn
Development LLC, the
Developer of the Harbor View
Place Project at 300 Main_
Street, upon motion received
and filed and approved recom-
mendation.
Request for Qualifications -
Brewery Property: City
Manager recommending
approval of the issuance of a
Request for Qualifications to
solicit qualified developers or
development teams for the
redevelopment of the former
Dubuque Star Brewery
Building in the Port of
Dubuque, upon motion
received and filed and
approved recommendation.
Bell and Fifth Streets - Iowa
Department of Transportation
Agreement: City Manager rec-
ommending approval of an..
agreement between the City of
Dubuque and the Iowa
Department of Transportation
(IDOT) for financial assistance
relating to the construction,
landscaping, and amenities of
Bell Street and Fifth Street,
upon motion received and
filed. Buol moved adoption of
Resolution No. 305-02_
Approving the agreement
between the City of Dubuque
and the Iowa Department of
Transportation for the Bell
Street and Fifth Street
Construction. Seconded by
Markham. Motion carried 7-0.
Jackson and Locust Streets -
lowa Department of
Transportation Agreement:_
City Manager recommending
approval of an agreement
between the City of Dubuque
and the Iowa Department of
Transportation (IDOT) for
financial assistance relating to
the resurfacing of Jackson
Street and West Locust Street,
upon motion received and
filed. Buol moved adoption of_
Resolution No. 306-02
Approving the agreement
between the City of Dubuque
and the Iowa Department of
Transportation for the Jackson
Street and West Locust Street
resurfacing. Seconded by
Markham. Motion carried 7-0.
2002 Local Law Enforcement
Block Grant Application: City_
Manager recommending
approval of the 2002 Local
Law Enforcement Block Grant
application to the Bureau of
Justice Assistance, upon
motion received and filed and
approved.
City of Dubuque
Representation:
Communication from
Corporation Counsel regard-
ing the issue of conflict of
interest and the City's legal
representation, upon motion
received and filed and
approved.
Iowa Utilities Board:
Communication of City
Manager Michael C. Van
Milligen to the Iowa Utilities.
Board regarding the electric
rate increase request of
Interstate Power and Light
Company (Alliant Energy
Company), upon motion
received and filed.
City Manager Employment
Agreement: Submittal of the
Eleventh Amendment to the
City Manager's Employment_
Agreement for approval, upon
motion received and filed and
approved.
Dubuque County Historical
Society: Communication from
the Dubuque County Historical
Society requesting that the
City sponsor a grant applica-
tion to the National Scenic
Byways Program in the
amount of $475,500 to
improve the exhibits at the
Fred W. Woodward Riverboat
Museum, upon motion
received and filed and
approved request.
Aquila: Communication from
Marvin Oppedal, Director of
Cormmunity Relations for
Aquila, advising of a rat
increase request filed on June
3, 2002 with the Iowa Utilities
Board, upon motion received
and filed.
Business Licenses: Buol
moved adoption of Resolution
No. 307-02 Granting the
issuance of eight renewal per-
mits to sell cigarettes and cig-
arette papers within the City;
Resolution No. 308-02
Granting the issuance of a
Class "B" Beer Permit to Pizza
Hut (2075 John F. Kennedy
Road and 320 East 20th
Street); Class "C" Beer Permit
to Kwik Stop Food Mart (1401
Central); and Class "B" Special
Event 5-Day Event Permit to
Dubuque Jaycees; and
Resolution No 309-02
Granting issuance of a Class
"C" Beer/Liquor License to
Fischer Lanes, B'Z Dart Inn,
Paul's Tavern, American
Legion #6, and Knicker's
Saloon; and Class "B" Wine
Permit to Ooh La La.
Seconded by Markham.
Motion carried 7-0.
BOARDS/COMMISSIONS
Applicants are invited to
address the Council to
express their desire to serve
on the following Boards /
Commissions:
LONG RANGE PLANNING
ADVISORY COMMISSION:
(Two 3-years terms to expire
7/1/05 - terms of Portzen and
Rusk). Applicants: Michael E.
Portzen, David Rusk. Mr.
Rusk spoke requesting con-
sideration for appointment.
Mr. Portzen had conveyed he
could not attend the meeting.
PARK AND RECREATION
COMMISSION: (Two 3-year
terms to expire 6/30/05 -
terms of Blocklinger and
Schrobilgen): Applicants:
Robert J. Blocker, Tom
Blocklinger, Danita L. Galdick,
Tom Schrobilgen. Mr.
Blocker, Ms. Galdick, and Mr.
Schrobilgen spoke requesting
consideration for appointment.
ZONING ADVISORY COM-
MISSION: (Three 3-year terms
to expire 7/1/05 - terms of
Christ, Schiltz, Smith).
Annlinantc• Martha P r:hrict
east of Devon Drive from PC
Planned Commercial District
to ID Institutional District to
allow construction of a new
soccer field and parking lot_
and Zoning Advisory
Commission recommending
approval, upon motion
received and filed.
Tracy Wagner, 256 S.
Grandview, Dennis Waugh of
IIW, and Alan Burr, 256 S.
Grandview, all spoke in sup-
port of the request and clari-
fied various points.
Ordinance No. 48-02
Amending Appendix A (the
Zoning Ordinance) of the City
of Dubuque Code of
Ordinances by reclassifying
hereinafter described property
located north of Dodge Street
between Devon Drive and
Collins Street from PUD
Planned Unit Development.
District with a PC Planned
Commercial Designation to ID
Institutional District and
approving an amended
Conceptual Development Plan
for the University of Dubuque,
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 fur-
ther moved final consideration
and passage of the Ordinance.
Seconded by Markham.
Motion carried 7-0.
Upon motion it was resolved
to remove the following from._
the table.
Randy Davis - 840 Roosevelt
Street - Request to Rezone
(Tabled on 4/15/02) Proof of
publication on notice of hear-
ing to consider rezoning prop-
erty located at 840 Roosevelt
Street from R-1 Single Family
Residential District to CS
Commercial Service and. -
Wholesale District at the
request of Randy Davis and
Zoning Advisory Commission
recommending denial, and an
Ordinance Amending
Appendix A (the Zoning
Ordinance) of the City of
Dubuque Code of Ordinances
by reclassifying property locat-
ed at 840 Roosevelt Street..
from R-1 Single Family
Residential District to CS
Commercial Service and
Wholesale District, presented
and read.
Michalski moved to table this
matter indefinitely. Seconded
by Nicholson. Vote on the
motion was as follows:
Yeas —Duggan, Markham,_
Michalski. Nays—Buol, Cline,
Connors, Nicholson. Motion
failed 3-4.
Nicholson moved to concur
with the recommended denial.
Seconded by Cline. Carried
by the following vote: Yeas—
Buol, Cline, Connors,
Nicholson. Nays —Duggan,
Markham, Michalski.
South Fork Sanitary Sewer
Phase III Connection Fees:
Proof of publication on notice
of hearing to consider an ordi-
nance to establish the South
Fork Sanitary Sewer Project -
Phase III schedule of connec-
tion fees and City Manager
recommending approval, upon
motion received and filed.
Tom Hinz, 14277 Green Hill
Drive, as a representative of
the Barrington Lakes Assn.,
spoke objecting to the possi-
bility of the City running the
sewer to this area, and noted
that the letter was unclear.
Ordinance No. 49-02
Establishing a schedule of
sewer connection fees for the..,
connection of property to the
South Fork Sanitary Sewer
Project - Phase III, presented
and read. Markham moved
that the requirement - that a
proposed Ordinance be con-
sidered and voted on for pas-
sage at two Council Meetings
prior to the meeting at which it
is to be finally passed be sus
pended and further moved
final consideration and pas-
sage of the Ordinance.
Seconded by Nicholson.
Motion carried 7-0.
Cable Franchise Lease
Extension: Proof of publication
on notice of hearing and City
Manager recommending that
the existing cable services_
franchise and an existing hub
site lease agreement with
MCClowa, L.L.C. be extended
to September 30, 2002, upon
motion received and filed.
Ordinance No. 50-02
Extending the term of the
existing cable franchise agree-
ment and hub site lease of
MCClowa, L.L.C. to,
September 30, 2002, present-
ed and read. 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. Motion carried 7-
0.
Dubuque County Historical
Society: Proof of publication
on notice of hearing and City
Manager recommending
approval of the First
Amendment to the Lease
Agreement between the City of_
Dubuque and the Dubuque
County Historical Society, pre-
sented and read. Michalski
moved adoption of Resolution
No. 310-02 Disposing of an
interest in real property by
First Amendment to Lease
Agreement with the Dubuque
County Historical Society.
Seconded by Connors...
Motion carried 7-0.
Woodward Museum
Renovations Project: Proofs
of publication on notice of
hearing on plans and specifi-
cations and notice to bidders
on the receipt of bids, and City
Manager recommending
award of three of the six com-
nnnantc fnr tha Wnnriwarrf
of assessing civil penalties
against nine tobacco permit
holders, and the appeals
against the Liquor Depot and
McCann's IOCO to be tabled
pending legal action, present-
ed and read. Markham_
moved that the penalties be
assessed for the tobacco per-
mit holders and to table con-
sideration of the appeals
against the Liquor Depot to
July 1, 2002, and McCann's
IOCO pending outcome of
legal action. Seconded by
Michalski. Motion carried 7-0.
45 West 13th Street -
Request for Demolition Permit:
Historic Preservation
Commission recommending
approval of a request from
Dubuque Bank and Trust to
demolish a structure located at
45 West 13th Street to provide
parking for the planned reha-
bilitation of the Bell Block and
Ziepprecht Buildings (former_
Walsh Store), and communica-
tion from the State Historical
Society of Iowa advising that
the structure located at 45
West 13th Street does not
possess architectural or his-
torical attributes that would
qualify it for listing in the
National Register of Historic
Places, upon motion received_
and filed and approved demo-
lition.
1300-1322 Iowa Street -
Request for Demolition Permit:
Historic Preservation
Commission recommending
approval of a request from
Dubuque Bank and Trust to
demolish a structure located at
1300 - 1322 Iowa Street (True
Value) to provide parking for
the planned rehabilitation of
the Bell Block and Ziepprecht
Buildings (former Walsh Store)
and communication from the
State Historical Society of
Iowa advising that the struc-
ture located at 1300 - 1322
Iowa Street does not possess
architectural or historical,,
attributes that would qualify it
for listing in the National
Register of Historic Places,
upon motion received and filed
and approved demolition.
Transmission Pole
Relocation: City Manager rec-
ommending approval of the
relocation of a major lattice
structure transmission pole to
thirty feet north of its current
location in the Port of
Dubuque to allow construction
of the Bell Street Extension
and the reconstruction of Pine
Street, presented and read.
Michalski moved to table
action on this matter.
Seconded by Buol. Motion
carried 7-0. -
Convention and Visitors
Bureau: Communication from
the Convention and Visitors
Bureau requesting that a sec-
ond City Council Member be
appointed to the Convention
and Visitors Bureau Advisory
Board, upon motion received
and filed and selected Joyce
Connors as the second -
Council appointee.
COUNCIL MEMBER
REPORTS
Markham requested an
update on the Fengler Street
Overpass Project. Nicholson
reported that he had been
asked to go on a Boss Lift to
Norfolk. Cline requested an
update on the NW Arterial,
Construction project.
ITEMS TO BE SET FOR
PUBLIC HEARING
2002 Curb Ramp Installation
- CDBG Project: City Manager
recommending initiation of the
bidding process for the 2002
Curb Ramp Installation -
CDBG Project I and setting a
public hearing for July 15,,
2002, upon motion received
and filed. Michalski moved
adoption of Resolution No.
311-02 Preliminary approval of
plans and specifications;
Resolution No. 312-02 Fixing
date of hearing op plans and
specifications for 7/15/02 at a
meeting to commence at 6:30
P.M. in the public library audi-_i
torium and that the City Clerk
publish notice in the manner
prescribed by law and
Resolution No. 313-02
Ordering bids. Seconded by
Nicholson. Motion carried 7-
0.
2002 Maintenance Dredging
Project - Ice Harbor Flood
Control Gate Structure: City,,
Manager recommending initia-
tion of the bidding process for
the Ice Harbor Flood Control
Gate Structure - 2002
Maintenance Dredging Project
and setting a public hearing for
July 15, 2002, upon motion
received and filed. Michalski
moved adoption of Resolution
No. 314-02 Preliminary -
approval of plans and specifi-
cations; Resolution No. 315-
02 Fixing date of hearing on
plans and specifications for
7/15/02 at a meeting to com-
mence at 6:30 P.M. in the pub-
lic library auditorium and that
the City Clerk publish notice in
the manner prescribed by law
and Resolution No. 316-02_
Ordering bids. Seconded by
Nicholson. Motion carried 7-
0.
Heritage Trail Extension
Project: City Manager recom-
mending initiation of the bid-
ding process for the Heritage
Trail Extension Project and
setting a public hearing on the
plans and specifications for_
July 15, 2002, upon motion
received and filed. Michalski
moved adoption of Resolution
No. 317-02 Preliminary
approval of plans and specifi-
cations; Resolution No. 318-
02 Fixing date of hearing on
plans and specifications for
7/15/02 at 6:30 P.M. in the
public library auditorium and..
that the City Clerk publish
notice in the manner pre-
scribed by law and Resolution
No. 319-02 Ordering bids.
Seconded by Nicholson.
Motion carried 7-0.
Bell Street and Fifth Street
r'.nnctrnetinn Prniant• City
and Resolution No. 325-02
Ordering bids. Seconded by
Nicholson. Motion carried 7-
0.
Sale of City Lots Napier
Street: City Manager recom-
mending that a public hearing
be set for July 1, 2002 to con-
sider a request from Robert J_
Cartmill and Glenn and
Georgia Bankson to purchase
Lots 138 and 139 of
Mechanic's Addition on the
north side of Napier Street,
upon motion received and
filed. Michalski moved adop-
tion of Resolution No. 326-02
of Intent to dispose of City
interest in Lots 138 and 139 of,
Mechanic's Addition and fur-
ther set this disposal for public
hearing on 7/1/02 at a meet-
ing 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'and
Resolution No. 327-02
Approving a plat of easement
for storm and sanitary sewers
across Lot 138 and Lot 139 of
Mechanic's Addition in the
City of Dubuque, Dubuque
County, Iowa. Seconded by
Nicholson. Motion carried 7-
0.
At 8:38 P.M. there being no
further business, Buol moved
to adjourn. Seconded by
Michalski. Motion carried 7-0.
/s/ Jeanne F. Schneider, CMC
City Clerk
'It 6/26
3
STATE OF IOWA
DUBUQUE COUNTY
CERTIFICATION C
I, TAMMY M. FELDMANN
Communications, Inc., an Iowa corporatio
newspaper of general circulation publish)
Dubuque and State of Iowa; hereby certify
in said newspaper on the following dates _
, 20 O , and for
Subscribed to before a Notary Public in
this 02'7 t7L day of,
Notary
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Special
Session, June 17, 2002
Council met for Dinner at 5:00
P.M. in the Library Rotunda
At 5:30 P.M. Council met in
Special Session 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 a special
session of the City Council_
called for the purpose of dis-
cussing the Owner -Occupied
Affordable Housing
Committee Report.
City Housing and Community
Development Director David
Harris spoke giving a point by
. niarifioation of the report.
mending that the clarm 6f
Cindy Frommelt for vehicle
damage be forwarded to
Portzen Construction, upon
motion received and filed and
concurred.
Citizen Communications: a)
Communication from Brian J.
Kane expressing appreciation
for the City's efforts in control-
ling storm water in the Admiral
Street area; b)
Communication from .a north -
end citizen regarding street
repair projects in the City; c)
Communication from Mary
Sack, 1700 Key Way Drive,
regarding the intersection of
Keyway and Pennsylvania; d)
Communication from Ken
Kringle, Bluff Street
Neighborhood President,
requesting permission to
install ornamental historic
lighting between First, Second
and Bluff Streets, upon motion
received and filed and referred,
to the City Manager.
Civil Service Commission:
Civil Service Commission sub-
mitting the certified lists for the
positions of Medical Officer
and Police Officer, upon
motion received and filed and
made a matter of record.
895 West 32nd Street -
Acceptance of Deed:
Corporation Counsel recom-
mending that the City accept
the deed for property located
at 895 West 32nd for the West
32nd Street Detention Basin
Improvement Project, upon
motion received and filed. Buol
moved adoption of Resolution
No. 302-02 Accepting the
deed to certain real estate in
Dubuque County, Iowa from
Karen E. Maury. Seconded by
Markham. Motion carried 7-0.
Tobacco Compliance - Cops
in Shops: City Manager rec-
ommending approval of a 28E
Agreement between the Police
Department and the Iowa
Alcoholic Beverages Division
for the Cops in Shops pro-
gram, upon motion received
and filed and approved.
Fiscal Year 2003 Annual
Action Plan: City Manager
recommending approval of a
proposed change to the City's
Community Development
Block Grant Fiscal Year 2003
Annual Action Plan to provide
additional funding for the,
Washington Neighborhood
Tool Library, upon motion
received and filed. Buol
moved adoption of Resolution
No. 303-02 Approving
Amendment #1 to the Fiscal
Year 2003 (Program Year
2002) Annual Action Plan for
Community Development
Block Grant Funds. Seconded
by Markham. Motion carried
7-0.
Purchase of Service
Agreement - Operation: New
View Community Action
Agency for Washington
Neighborhood Tool Library:
City Manager recommending
approval of a Purchase of
Service Agreement with
Operation: New View
Community Action Agency for
operation of the Washington
Neighborhood Tool Library,
upon motion received and filed
and approved.
Vista Heights 2nd Addition -
Final Plat: Zoning Advisory
Commission recommending
approval of the final plat ofa
Vista Heights 2nd Addition in
Dubuque County as requested
by Frank and Marilyn Ehrlich
and Donald Skelton, upon
motion received and filed.
Buol moved adoption of
Resolution No. 304-02
Approving the final plat of
Vista Heights 2nd Addition in
Dubuque County, Iowa..
Seconded by Markham.
Motion carried 7-0.
Harbor View Place -
Certificate of Completion: City
Manager recommending
issuance of a Certificate of
improve the exnioits fat Um
Fred W. Woodward Riverboat
Museum, upon motion
received and filed and
approved request.
Aquila: Communication from
Marvin Oppedal, Director of
Community Relations for
Aquila, advising of a rat
increase request filed on June
3, 2002 with the Iowa Utilities
Board, upon motion received
and flied.
Business Licenses: Buol
moved adoption of Resolution
No. 307-02 Granting the
issuance of eight renewal per-
mits to sell cigarettes and cig-
arette papers within the City;
Resolution No. 308-02
Granting the issuance of a
Class "B" Beer Permit to Pizza
Hut (2075 John F. Kennedy
Road and 320 East 20th
Street); Class "C" Beer Permit
to Kwik Stop Food Mart (1401
Central); and Class "B" Special
Event 5-Day Event Permit to
Dubuque Jaycees; and
Resolution No 309-02
Granting issuance of a Class
"C" Beer/Liquor License to
Fischer Lanes, B'Z Dart Inn,
Paul's Tavern, American
Legion #6, and Knicker's
Saloon; and Class "B" Wine
Permit to Ooh La La.
Seconded by Markham.
Motion carried 7-0.
BOARDS/COMMISSIONS
Applicants are invited to
address the Council to
express their desire to serve
on the following Boards /
Commissions:
LONG RANGE PLANNING
ADVISORY COMMISSION:
(Two 3-years terms to expire
7/1/05 - terms of Portzen and
Rusk). Applicants: Michael E.
Portzen, David Rusk. Mr.
Rusk spoke requesting con-
sideration for appointment.
Mr. Portzen had conveyed he
could not attend the meeting.
PARK AND RECREATION
COMMISSION: (Two 3-year
terms to expire 6/30/05 -
terms of Blocklinger and
Schrobilgen): Applicants:.
Robert J. Blocker, Tom
Blocklinger, Danita L. Galdick,
Tom Schrobilgen. Mr.
Blocker, Ms. Galdick, and Mr.
Schrobilgen spoke requesting
consideration for appointment.
ZONING ADVISORY COM-
MISSION: (Three 3-year terms
to expire 7/1/05 - terms of
Christ, Schiltz, Smith).
Applicants: Martha E. Christ,
Ferd Nester, Richard J. Schiltz,
Ron Smith. Ms. Christ and
Ron Smith both spoke
requesting consideration for
appointment. Mr. Schiltz had
conveyed he could not be in
attendance.
ZONING BOARD OF
ADJUSTMENT: (One 5-year
term to expire 3/25/07 - term
of Beeler) Applicant: William J.
Felderman. No one spoke.
Appointments to the follow-
ing Commissions:
ELECTRICAL CODE BOARD
(Five 3-year terms/Five vacan-
cies): Applicants: James
Dixon, Dan Hammel, Kevin
Pfohl, David A. Pregler, Elaine
L. Reiss. Upon motion Mr.
Dixon, Mr. Hammel, Mr. Pfohl,
Mr. Pregler, and Ms. Reiss all.
were reappointed to three year
terms to expire 5/21/05.
ENVIRONMENTAL STEW-
ARDSHIP ADVORY CO-
MISSION: (One 1-year youth
term) Applicant: Michael
Hirsch. Upon motion Mr.
Hirsch appointed to the one
year term which will expire
6/1/03.
PUBLIC HEARINGS
Upon motion the rules were
suspended to allow anyone
present to address the Council
if they so desire.
University of Dubuque -
Request to Rezone: Proof of
publication on notice of hear-
ing to consider rezoning prop-
erty located on the north side
uinFverov on 30o feet
connection of property to the
South Fork Sanitary Sewer
Project - Phase III, presented
and read. Markham moved
that the requirement that a
proposed Ordinance be con-
sidered and voted on for pas-
sage at two Council Meetings
prior to the meeting at which it
is to be finally passed be sus-
pended and further moved
final consideration and pas-
sage of the Ordinance.
Seconded by Nicholson.
Motion carried 7-0.
Cable Franchise Lease
Extension: Proof of publication
on notice of hearing and City
Manager recommending that
the existing cable services
franchise and an existing hub
site lease agreement with
MCClowa, L.L.C. be extended
to September 30, 2002, upon
motion received and filed.
Ordinance No. 50-02
Extending the term of the
existing cable franchise agree-
ment and hub site lease of
MCClowa, L.L.C. to
September 30, 2002, present-
ed and read. 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. Motion carried 7-
0.
Dubuque County Historical
Society: Proof of publication
on notice of hearing and City
Manager recommending
approval of the First
Amendment to the Lease
Agreement between the City of
Dubuque and the Dubuque
County Historical Society, pre-
sented and read. Michalski
moved adoption of Resolution
No. 310-02 Disposing of an
interest in real property by
First Amendment to Lease
Agreement with the Dubuque
County Historical Society.
Seconded by Connors.
Motion carried 7-0.
Woodward Museum
Renovations Project: Proofs
of publication on notice of
hearing on plans and specifi-
cations and notice to bidders
on the receipt of bids, and City
Manager recommending
award of three of the six com-
ponents for the Woodward
Museum Renovations Project
and that the remaining three
components be rejected, a
Resolution Adopting plans
and specifications for the pro-
ject and a Resolution
Awarding contract to
Renaissance Restoration, Inc.,
Rafoth Sheet Metal, Inc., and
Simplex Grinnell, Inc., present-
ed and read.
Mr. Don Meek, of Technical
Specialty Systems Corp. in
Cedar Rapids, spoke objecting
to the bid information process.
Jeff Jackson, of Alan Jackson
Tuckpointing, spoke request-
ing that all bids be thrown out,
citing the bid bond form as
being unclear.
Cline moved to receive and
file the communications and
adopt the Resolutions.
Seconded by Buol. Vote on
the motion was as follows:
Yeas—Buol, Michalski.
Nays —Nicholson, Cline,
Connors, Duggan, Markham.
Motion failed 2-5.
Nicholson moved to reject all
bids and call for rebidding the
project as soon as possible.
Seconded by Markham.
Carried by the following vote:
Yeas—Buol, Cline, Connors,
Duggan, Markham, Nicholson.
Nays —Michalski.
Upon motion the rules were
reinstated limiting discussion
to the Council.
ACTION ITEMS
Penalties for Tobacco Permit
Holders: Council consideration
public hearing for July 15
2002, upon motion received
and filed. Michalski moved
adoption of Resolution No.
311-02 Preliminary approval of
plans and specifications;
Resolution No. 312-02 Fixing
date of hearing on plans and
specifications for 7/15/02 at a
meeting to commence at 6:30
P.M. in the public library audi-_
torium and that the City Clerk
publish notice in the manner
prescribed by law and
Resolution No. 313-02
Ordering bids. Seconded by
Nicholson. Motion carried 7-
0.
2002 Maintenance Dredging
Project - Ice Harbor Flood
Control Gate Structure: City
Manager recommending initia-
tion of the bidding process for
the Ice Harbor Flood Control
Gate Structure - 2002
Maintenance Dredging Project
and setting a public hearing for
July 15, 2002, upon motion
received and filed. Michalski
moved adoption of Resolution
No. 314-02 Preliminary
approval of plans and specifi-
cations; Resolution No. 315-
02 Fixing date of hearing on
plans and specifications for
7/15/02 at a meeting to com-
mence at 6:30 P.M. in the pub-
lic library auditorium and that
the City Clerk publish notice in
the manner prescribed by law
and Resolution No. 316-02_
Ordering bids. Seconded by
Nicholson. Motion carried 7-
0.
Heritage Trail Extension
Project: City Manager recom-
mending initiation of the bid-
ding process for the Heritage
Trail Extension Project and
setting a public hearing on the
plans and specifications for,...
July 15, 2002, upon motion
received and filed. Michalski
moved adoption of Resolution
No. 317-02 Preliminary
approval of plans and specifi-
cations; Resolution No. 318-
02 Fixing date of hearing on
plans and specifications for
7/15/02 at 6:30 P.M. in the
public library auditorium and..
that the City Clerk publish
notice in the manner pre-
scribed bylaw and Resolution
No. 319-02 Ordering bids.
Seconded by Nicholson.
Motion carried 7-0.
Bell Street and Fifth Street
Construction Project: City
Manager recommending initia-
tion of the bidding process for
the Bell Street and Fifth Street
Construction Project and set-
ting a public hearing for July
15, 2002, upon motion
received and filed. Michalski
moved adoption of Resolution
No. 320-02 Preliminary
approval of plans and specifi-
cations; Resolution No. 321-
02 Fixing date of hearing on
plans and specifications for
7/15/02 at a meeting to com-
mence at 6:30 P.M. in the pub-
lic library auditorium and that
the City Clerk publish notice in
the manner prescribed by law
and Resolution No. 322-02
Ordering bids. Seconded by
Nicholson. Motion carried 7-
0.
Jackson Street and West
Locust Street Resurfacing
Project: City Manager recom-
mending initiation of the bid-
ding process for the Jackson
Street and West Locust Street
Resurfacing Project and set-
ting a public hearing for July
15, 2002, upon motion
received and filed. Michalski_
moved adoption of Resolution
No. 323-02 Preliminary
approval of plans and specifi-
cations; Resolution No. 324-
02 Fixing date of hearing on
plans and specifications for
7/15/02 at a meeting to com-
mence at 6:30 P.M. in the pub-
lic library auditorium and that
the City Clerk publish notice in,
the manner prescribed by law
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Special
Session, June 17, 2002
Council met for Dinner at 5:00
P.M. in the Library Rotunda
At 5:30 P.M. Council met in
Special Session 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 a special
session of the City Council_
called for the purpose of dis-
cussing the Owner -Occupied
Affordable Housing
Committee Report.
City Housing' and Community
Development Director David
Harris spoke giving a point by
point clarification of the report.
Staff was directed to continue
Department, Dupaco
Community Credit Union,
Appliance Furniture Rent All
and State of Iowa, upon
motion referred to the Legal
Staff for investigation and
report.
Corporation Counsel advising
that the following claims have
been referred to Public Entity
Risk Services of Iowa, the
agent for the Iowa
Communities Assurance Pool:
Cottingham and Butler (for
Jeanne Heinzelman) for per-
sonal injury; Jason Duehr for
vehicle damage; and Neil E.
Kelley for property damage
upon motion received and filed
and concurred.
Corporation Counsel recom-
mending settlement of the
claim of Marissa Schultz in the
amount of $511.40 for vehicle
damage and directing the
Finance Director to issue pay-
ment, upon motion received
and filed and directed Finance
Director to issue proper pay
ment.
Corporation Counsel recom-
mending that the claim of
Cindy Frommelt for vehicle
damage be forwarded to
Portzen Construction, upon
motion received and filed and
concurred.
Citizen Communications: a)„
Communication from Brian J.
Kane expressing appreciation
for the City's efforts in control-
ling storm water in the Admiral
Street area; b)
Communication from a north -
end citizen regarding street
repair projects in the City; c)
Communication from Mary
Sack, 1700 Key Way Drive,_
regarding the intersection of
Keyway and Pennsylvania; d)
Communication from Ken
Kringle, Bluff Street
Neighborhood President,
requesting permission to
install ornamental historic
lighting between First, Second
and Bluff Streets, upon motion
received and filed and referred.
to the City Manager.
Civil Service Commission:
Civil Service Commission sub-
mitting the certified lists for the
positions of Medical Officer
and Police Officer, upon
motion received and filed and
made a matter of record.
895 West 32nd Street -
Acceptance of Deed:
Corporation Counsel recom-
mending that the City accept
the deed for property located
at 895 West 32nd for the West
32nd Street Detention Basin
Improvement Project, upon
motion received and filed. Buol
moved adoption of Resolution
No. 302-02 Accepting the
deed to certain real estate in,
Dubuque County, Iowa from
Karen E. Maury. Seconded by
Markham. Motion carried 7-0.
Tobacco Compliance - Cops
in Shops: City Manager rec-
ommending approval of a 28E
Agreement between the Police
Department and the Iowa
Alcoholic Beverages Division
for the Cops in Shops pro-
gram, upon motion received
and filed and approved.
Fiscal Year 2003 Annual
Action Plan: City Manager
recommending approval of a
proposed change to the City's
Community Development
Block Grant Fiscal Year 2003
Annual Action Plan to provide
additional funding for the,
Washington Neighborhood
Tool Library, upon motion
received and filed. Buol
moved adoption of Resolution
No. 303-02 Approving
Amendment #1 to the Fiscal
Year 2003 (Program Year
2002) Annual Action Plan for
Community Development
Block Grant Funds. Seconded.
by Markham. Motion carried
7-0.
Purchase of Service
Agreement - Operation: New
View Community Action
Agency for Washington
Neighborhood Tool Library:
City Manager recommending
approval of a Purchase of
Service Agreement with.
Operation: New View
Community Action Agency for
operation of the Washington
Neighborhood Tool Library,
upon motion received and filed
and approved.
Vista Heights 2nd Addition -
Final Plat: Zoning Advisory
Commission recommending
approval of the final plat of.
Vista Heights 2nd Addition in
Dubuque County as requested
by Frank and Marilyn Ehrlich
and Donald Skelton, upon
motion received and filed.
Buol moved adoption of
Resolution No. 304-02
Approving the final plat of
Vista Heights 2nd Addition in
Dubuque County, Iowa.
Seconded by Markham.
Motion carried 7-0.
Harbor View Place -
Certificate of Completion: City
Manager recommending
issuance of a Certificate of
Completion to Harbor View
Corporation Counsel regard
ing the issue of conflict of
interest and the City's legal
representation, upon motion
received and filed and
approved.
Iowa Utilities Board:
Communication of City
Manager Michael C. Van
Milligen to the Iowa Utilities__
Board regarding the electric
rate increase request of
Interstate Power and Light
Company (Alliant Energy
Company), upon motion
received and filed.
City Manager Employment
Agreement: Submittal of the
Eleventh Amendment to the
City Manager's Employment„
Agreement for approval, upon
motion received and filed and
approved.
Dubuque County Historical
Society: Communication from
the Dubuque County Historical
Society requesting that the
City sponsor a grant applica-
tion to the National Scenic
Byways Program in the
amount of $475,500 to
improve the exhibits at the
Fred W. Woodward Riverboat
Museum, upon motion
received and filed and
approved request.
Aquila: Communication from
Marvin Oppedal, Director of
Community Relations for
Aquila, advising of a rat
-
increase request filed on June
3, 2002 with the Iowa Utilities
Board, upon motion received
and filed.
Business Licenses: Buol
moved adoption of Resolution
No. 307-02 Granting the
issuance of eight renewal per-
mits to sell cigarettes and cig-
arette papers within the City;
Resolution No. 308-02
Granting the issuance of a
Class "B" Beer Permit to Pizza
Hut (2075 John F. Kennedy
Road and 320 East 20th
Street); Class "C" Beer Permit
to Kwik Stop Food Mart (1401
Central); and Class "B" Special
Event 5-Day Event Permit to
Dubuque Jaycees; and
Resolution No 309-02
Granting issuance of a Class
"C" Beer/Liquor License to
Fischer Lanes, B'Z Dart Inn,
Paul's Tavern, American
Legion #6, and Knicker's
Saloon; and Class "B" Wine
Permit to Ooh La La.
Seconded by Markham.
Motion carried 7-0.
BOARDS/COMMISSIONS
Applicants are invited to
address the Council to
express their desire to serve
on the following Boards /
Commissions:
LONG RANGE PLANNING
ADVISORY COMMISSION:
(Two 3-years terms to expire
7/1/05 - terms of Portzen and
Rusk). Applicants: Michael E.
Portzen, David Rusk. Mr.
Rusk spoke requesting con-
sideration for appointment.
Mr. Portzen had conveyed he
could not attend the meeting.
PARK AND RECREATION
COMMISSION: (Two 3-year
terms to expire 6/30/05 -
terms of Blocklinger and
Schrobilgen): Applicants:
Robert J. Blocker, Torn
Blocklinger, Danita L. Galdick,
Tom Schrobilgen. Mr.
Blocker, Ms. Galdick, and Mr.
Schrobilgen spoke requesting
consideration for appointment.
ZONING ADVISORY COM-
MISSION: (Three 3-year terms
to expire 7/1/05 - terms of
Christ, Schiltz, Smith).
Applicants: Martha E. Christ,
Ferd Nesler, Richard J. Schiltz,
Ron Smith. Ms. Christ and
Ron Smith both spoke
requesting consideration for
appointment. Mr. Schiltz had
conveyed he could not be in
attendance.
ZONING BOARD OF
ADJUSTMENT: (One 5-year
term to expire 3/25/07 - term
of Beeler) Applicant: William J.
Felderman. No one spoke.
Appointments to the follow-
ing Commissions:
ELECTRICAL CODE BOARD
(Five 3-year terms/Five vacan-
cies): Applicants: James
Dixon, Dan Hammel, Kevin
Pfohl, David A. Pregler, Elaine
L. Reiss. Upon motion Mr.
Dixon, Mr. Hammel, Mr. Pfohl,
Mr. Pregler, and Ms. Reiss all.
were reappointed to three year
terms to expire 5/21/05.
ENVIRONMENTAL STEW-
ARDSHIP ADVISORY COM-
MISSION: (One 1-year youth
term) Applicant: Michael
Hirsch. Upon motion Mr.
Hirsch appointed to the one
year term which will expire
6/1/03.
PUBLIC HEARINGS
Upon motion the rules were
suspended to allow anyone
present to address the Council
if they so desire.
University of Dubuque -
Request to Rezone: Proof of
publication on notice of hear-
ing to consider rezoning prop-
erty located on the north side
of U.S. Highway 20, 300 feet
motion was as follows:
Yeas —Duggan, Markham,_
Michalski. Nays—Buol, Cline,
Connors, Nicholson. Motion
failed 3-4.
Nicholson moved to concur
with the recommended denial.
Seconded by Cline. Carried
by the following vote: Yeas—
Buol, Cline, Connors,
Nicholson. Nays —Duggan,
Markham, Michalski.
South Fork Sanitary Sewer
Phase III Connection Fees:
Proof of publication on notice
of hearing to consider an ordi-
nance to establish the South
Fork Sanitary Sewer Project -
Phase III schedule of connec-
tion fees and City Manager
recommending approval, upon
motion received and filed.
Tom Hinz, 14277 Green Hill
Drive, as a representative of
the Barrington Lakes Assn.,
spoke objecting to the possi-
bility of the City running the
sewer to this area, and noted
that the letter was unclear.
Ordinance No. 49-02
Establishing a schedule of
sewer connection fees for the..,
connection of property to the
South Fork Sanitary Sewer
Project - Phase III, presented
and read. Markham moved
that the requirement that a
proposed Ordinance be con-
sidered and voted on for pas-
sage at two Council Meetings
prior to the meeting at which it
is to be finally passed be sus
pended and further moved
final consideration and pas-
sage of the Ordinance.
Seconded by Nicholson.
Motion carried 7-0.
Cable Franchise Lease
Extension: Proof of publication
on notice of hearing and City
Manager recommending that
the existing cable services
franchise and an existing hub
site lease agreement with
MCClowa, L.L.C. be extended
to September 30, 2002, upon
motion received and filed.
Ordinance No. 50-02
Extending the term of the
existing cable franchise agree-
ment and hub site lease of
MCClowa, L.L.C. to. -
September 30, 2002, present-
ed and read. 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. Motion carried 7-
0.
Dubuque County Historical
Society: Proof of publication
on notice of hearing and City
Manager recommending
approval of the First
Amendment to the Lease
Agreement between the City of
Dubuque and the Dubuque
County Historical Society, pre-
sented and read. Michalski
moved adoption of Resolution
No. 310-02 Disposing of an
interest in real property by
First Amendment to Lease
Agreement with the Dubuque
County Historical Society.
Seconded by Connors...
Motion carried 7-0.
Woodward Museum
Renovations Project: Proofs
of publication on notice of
hearing on plans and specifi-
cations and notice to bidders
on the receipt of bids, and City
Manager recommending
award of three of the six com-
ponents for the Woodward_
Museum Renovations Project
and that the remaining three
components be rejected, a
Resolution Adopting plans
and specifications for the pro-
ject and a Resolution
Awarding contract to
Renaissance Restoration, Inc.,
Rafoth Sheet Metal, Inc., and
Simplex Grinnell, Inc., present
ed and read.
Mr. Don Meek, of Technical
Specialty Systems Corp. in
Cedar Rapids, spoke objecting
to the bid information process.
Jeff Jackson, of Alan Jackson
Tuckpointing, spoke request-
ing that all bids be thrown out,
citing the bid bond form as
being unclear.
Cline moved to receive and
file the communications and
adopt the Resolutions.
Seconded by Buol. Vote on
the motion was as follows:
Yeas—Buol, Michalski.
Nays —Nicholson, Cline,
Connors, Duggan, Markham.
Motion failed 2-5.
Nicholson moved to reject ail,,
bids and call for rebidding the
project as soon as possible.
Seconded by Markham.
Carried by the following vote:
Yeas—Buol, Cline, Connors,
Duggan, Markham, Nicholson.
Nays —Michalski.
Upon motion the rules were
reinstated limiting discussion
to the Council.
ACTION ITEMS
Penalties for Tobacco Permit
Holders: Council consideration
Michalski moved to table
action on this matter.
Seconded by Buol. Motion
carried 7-0.
Convention and Visitors
Bureau: Communication from
the Convention and Visitors
Bureau requesting that a sec-
ond City Council Member be
appointed to the Convention
and Visitors Bureau Advisory
Board, upon motion received
and filed and selected Joyce
Connors as the second..
Council appointee.
COUNCIL MEMBER
REPORTS
Markham requested an
update on the Fengler Street
Overpass Project. Nicholson
reported that he had been
asked to go on a Boss Lift to
Norfolk. Cline requested an
update on the NW Arterial„
Construction project.
ITEMS TO BE SET FOR
PUBLIC HEARING
2002 Curb Ramp Installation
- CDBG Project: City Manager
recommending initiation of the
bidding process for the 2002
Curb Ramp Installation -
CDBG Project I and setting a
public hearing for July 15,_
2002, upon motion received
and filed. Michalski moved
adoption of Resolution No.
311-02 Preliminary approval of
plans and specifications;
Resolution No. 312-02 Fixing
date of hearing on plans and
specifications for 7/15/02 at a
meeting to commence at 6:30
P.M. in the public library audi-�
torium and that the City Clerk
publish notice in the manner
prescribed by law and
Resolution No. 313-02
Ordering bids. Seconded by
Nicholson. Motion carried 7-
0.
2002 Maintenance Dredging
Project - Ice Harbor Flood
Control Gate Structure: City„
Manager recommending initia-
tion of the bidding process for
the Ice Harbor Flood Control
Gate Structure - 2002
Maintenance Dredging Project
and setting a public hearing for
July 15, 2002, upon motion
received and filed. Michalski
moved adoption of Resolution
No. 314-02 Preliminary_
approval of plans and specifi-
cations; Resolution No. 315-
02 Fixing date of hearing on
plans and specifications for
7/15/02 at a meeting to com-
mence at 6:30 P.M. in the pub-
lic library auditorium and that
the City Clerk publish notice in
the manner prescribed by law
and Resolution No. 316-02_
Ordering bids. Seconded by
Nicholson. Motion carried 7-
0.
Heritage Trail Extension
Project: City Manager recom-
mending initiation of the bid-
ding process for the Heritage
Trail Extension Project and
setting a public hearing on the
plans and specifications for_
July 15, 2002, upon motion
received and filed. Michalski
moved adoption of Resolution
No. 317-02 Preliminary
approval of plans and specifi-
cations; Resolution No. 318-
02 Fixing date of hearing on
plans and specifications for
7/15/02 at 6:30 P.M. in the
public library auditorium and..
that the City Clerk publish
notice in the manner pre-
scribed by law and Resolution
No. 319-02 Ordering bids.
Seconded by Nicholson.
Motion carried 7-0.
Bell Street and Fifth Street
Construction Project: City
Manager recommending initia-
tion of the bidding process for_
the Bell Street and Fifth Street
Construction Project and set-
ting a public hearing for July
15, 2002, upon motion
received and filed. Michalski
moved adoption of Resolution
No. 320-02 Preliminary
approval of plans and specifi-
cations; Resolution No. 321-
02 Fixing date of hearing on_
plans and specifications for
7/15/02 at a meeting to corn-
mence at 6:30 P.M. in the pub-
lic library auditorium and that
the City Clerk publish notice in
the manner prescribed by law
and Resolution No. 322-02
Ordering bids. Seconded by
Nicholson. Motion carried 7-
0.
Jackson Street and West-
Locust Street Resurfacing
Project: City Manager recom-
mending initiation of the bid-
ding process for the Jackson
Street and West Locust Street
Resurfacing Project and set-
ting a public hearing for July
15, 2002, upon motion
received and filed. Michalski_
moved adoption of Resolution
No. 323-02 Preliminary
approval of plans and specifi-
cations; Resolution No. 324-
02 Fixing date of hearing on
plans and specifications for
7/15/02 at a meeting to com-
mence at 6:30 P.M. in the pub-
lic library auditorium and that
the City Clerk publish notice in,
the manner prescribed by law