Proof Council Min 8 5 02 ~ roles u
Proof of publica-
e pt hearing and
2002
a~oDtion Of
ReSOlution NO. 8/19/02 at ~r o com-
contra~t to menceat6:30
3re.~cribed by ,law.
b~; NFchofsoq.
~f City
C hear-
Service and Wholes~e Distdct
Zohin¢
ommen~J ·
creation; ~f ;
Of
IS and architec-
law.
~ f°r the Fl°fa Pe°i
Se~ond~d by
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STATE OF IOWA
DUBUQUE COUNTY
{SS:
CERTIFICATION OF
I, Tammy M Feldmarm, a Billing
Iowa corporation, publisher of the Telegraph Hemld,a
circulation published in the City of Dubuque, County
Iowa; hereby certify that the attached notice was
the following dates: August 16, 2002, and f
There being n0
CityC~rk
I
UniVersity bf I
,i River N~ionat
Conference
this ~ day of
,201
la0011y11 ,y
d property located at
Id Highway Road from
gle-Family Residential
to CS Commercial
and Wholesale
presented and read.
Flint Drake, repre-
Wayne Stewart, spoke
of the rezoning. Kevin _
4969 Old Highway
om McIntyre, 15105
hway Road, Janelle
3969 Old Highway
ike Chapman, 12761
Road, Mason Cate,
Seippel Road, Joe
stein, 15133 Old
Road, Sandi Welsh,
•Id Highway Road, all_
opposition to the pro -
zoning.
Council discussed the
ed rezoning, Buol
to concur with the
Seconded by
m. Motion carried 7-0.
e and Lynn Stewart
g Request Concurrent
nexation: Proof of...
'on on notice of hear-
nsider rezoning prop-
cated along Old
Road from County
stria! (with conditions)
LI Light Industrial
at the request of
nd Lynn Stewart and
dvisory Commission
ending denial of the..
Proof of publication
;n of hearing to consid-
voluntary annexation
of Wayne and Lynn
: in conjunction with
g and City Manager
lending approval of the
ry annexation, an
ice Amending
lix A (the Zoning. -
ice) of the City of
ie Code of Ordinances
[ossifying hereinafter
ed property located
,Id Highway Road from
le County M-1
al with conditions to
Dubuque LI Light
al District, concurrent
annexation and a
ion Annexing certain
r, presented and read.
m moved to concur
iial of the rezoning and
Tnexation. Seconded
(ham. Carried by the
A vote: Yeas —Cline,
s, Markham,
on, Buol. Nays—
, Michalski.
ersity of Dubuque
g Request: Proof of
ion on notice of hear-
Dnsider rezoning prop-
ited at 441 McCormick
'om R-1 Single -Family
itial District to ID
anal District at the
of the University of
e and Zoning Advisory
•Sion recommending
I of the request, upon
'eceived and filed.
Lcey Wagner, Vice
it of Finance for the
ty of Dubuque, spoke
Irt of the rezoning.
finance No. 58-02
ig Appendix A (the
Drdinance) of the City
ibuque Code of
ces by reclassifying
ter described property
at 441 McCormick
om R-1 Single -Family
tial District to ID
,nal District, presented
f. Cline moved that
Jirement that a pro-
)rdinance be consid-
voted on for passage
)ouncil Meetings prior
eeting at which it is to
r passed be suspend -
further moved final
ation and passage of
lance. Seconded by
i. Motion carried 7-0.
Ir Advertising - Off
Signs Text_
ent: Proof of publica-
notice of hearing to
a request from Jim
rher I amar
SGL uic vny WJVUIUUII S W./di
setting in August, upon motion
received and filed.
Bob Woodward spoke asking
that the Arts be included in th-
top 10 list of priorities to sup-
port in the City. Geri Schaefer
of the Dubuque Museum of
Art, Penny Roeder of the
Dubuque Symphony and Chris
Chapin -Tilton of The Grand
Opera House all spoke
requesting the City's financial
support.
Ken Kringle Historic
Preservation Award: Historic
Preservation Commission rec-
ommending approval of the
creation of a Ken Kringle
Historic Preservation Award to
promote the preservation of
historic buildings and architec-
tural resources in the commu-
nity, upon motion received and
filed. Buol moved adoption of
Resolution No. 395-02
Approving the creation of the
Ken Kringle Historic
Preservation Award.
Seconded by Michalski.
Motion carried 7-0.
Woodward Museum - 2002
Renovations Project: City
Manager recommending
award of the six constructio
contracts associated with the
Woodward Museum - 2002
renovations project, upon
motion received and filed.
Cline moved adoption of
Resolution No. 396-02
Adopting pane and specifica-
tions; Resolution No. 397-02
Award-ing Contract #1
(Masonry Tuckpointing)•
Resolution No. 398-02
Awarding Contract
#2 (Roof, Gutters and
Downspouts); Resolution No.
399-02 Awarding Contract #3
(Carpentry); Resolution No.
400-02 Awarding Contract #4
(HVAC); Resolution No. 401-
02 Awarding Contract #5
(Plumbing and Sprinkler)•
Resolution No. 402-02 N
Awarding Contract #6
(Electrical). Seconded by
Nicholson. Motion carried 7-
o.
Outdoor Service of Alcoholic
Beverages on Public Right -of -
Way: City Manager recom-
mending approval of criteria
for use of public right-of-way
for outdoor service of alcoholic
beverages relating to long-
term use of City property,
upon motion received and filed
and approved criteria with
additional criteria regarding lit-
ter cleanup and appropriate
lease of area to be used.
Special Event Insurance
Grant: City Manager recom-
mending approval of proposed
criteria for a Special Event
Grant Program for events held
on public right-of-way that
require insurance, upon
motion tabled and referred to
Staff to review the standards.
Mississippi River National
Education and Conference
Center - Cascading Stairs:
City Manager requesting
Council direction on the
design and height of the pro-
posed signage on both sides
of the cascading stairs being
constructed near the
Mississippi River National
Education and Conference
Center, upon motion received
and filed and directed that no_
lettering be done.
Downtown Planning
Committee Membership: Long
Range Planning Commission
requesting Council approval of
the membership for the
Downtown Planning
Committee of the Long Range
Planning Commission, upon
motion received and filed and_
approved membership as pre-
sented.
Bee Branch Drainage Basin
Master Plan Request for
Proposals (RFP) City Manager
recommending approval to
solicit proposals to develop a
Drainage Basin Master Plan for
the Raa Rranch Watprshad
puuOG neanng TOr aeptemoer
3, 2002, upon motion received
and filed. Michalski moved
adoption of Resolution No.
407-02 Preliminary approval of
plans and specifications;
Resolution No. 408-02 Fixing
date of hearing on plans and
specifications for 9/3/02 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. 409-02
Ordering bids. Seconded by
Nicholson. Motion carried 7-
0.
West Locust Street Storm
Sewer Improvements - Initiate:
City Manager recommending
initiation of the bidding
process for the West Locust
Street Storm Sewer
Improvements Project and set-
ting a public hearing for
September 3, 2002, upon
motion received and filed.
Michalski moved adoption of
Resolution No. 410-02 _---
Preliminary approval of plans
and specifications; Resolution
No. 411-01 Fixing date of
hearing on plans and specifi-
cations for 9/3/02 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 pre-
scribed
by law and Resolution —
No. 412-02 Ordering bids.
Seconded by Nicholson.
Motion carried 7-0.
Ice Harbor West Road / Walk
Construction Project: City
Manager recommending initia-
tion of the bidding process for
the Ice Harbor West Road /
Walk Construction Project and
setting a public hearing for —
September 16, 2002, upon
motion received and filed.
Michalski moved adoption of
Resolution No. 413-02
Preliminary approval of plans
and specifications; Resolution
No. 414-02 Fixing date of
hearing on plans and specifi-
cations for 9/16/02 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 pre-
scribed by law and Resolution
No. 415-02 Ordering bids.
Seconded by Nicholson.
Motion carried 7-0.
There being no further busi-
ness, upon motion meeting
adjourned at 10:14 P.M. ,e
/s/ Jeanne F. Schneider, CMC
City Clerk
1t 8/16
STATE OF IOWA {SS:
DUBUQUE COUNTY
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: August 16, 2002, and for which the charge is $264.39.
Subscri ed,to before me, a N tary Public in and for Dubuque County, Iowa,
this --' day of L.2 , , 20 .
Notary Public in and for Dubuque County, Iowa.
JANET K. PAPE
Commission Number 199659
Yy CommI►slon Expires 12111104
Supplement No. 55 to the
Code of Ordinances: City 1
Manager recommending_
adoption of Supplement No.
55 to the City of Dubuque
Code of Ordinances, upon
motion received and filed.
Buol moved adoption of
Resolution No. 382-02
Adopting Supplement No. 55
to the Code of Ordinances of
the City of Dubuque, Iowa.
Seconded by Markham._
Motion carried 7-0.
Quarterly Investment Report:
City Manager transmitting the
Quarterly Investment Report
for the period April 1, 2002
through June 30, 2002, upon
motion received and filed.
Sign Agreement with Grand
Opera House: City Manager
recommending approval of an
agreement with the Grand-
Opera House for the installa-
tion and management of a new
community sign to be located
on 8th Street, upon motion
received and filed and
approved recommendation.
CITY OF DUBUQUE, IOWA American Red Cross:
COUNCIL PROCEEDINGS Communication from the
OFFICIAL American Red Cross express
City Council, Regular ing appreciation to the City for
Session, August 5, 2002 the contribution for the
Council met in Regular Emergency Response Vehicle,
Session at 6:30 P.M. in the upon motion received and
Library Auditorium filed.
Present: Mayor Duggan, Iowa Utilities Board - Cost
Council Members Buol, Cline,_ Sharing of Legal Expenses:
Connors, Markham, Michalski, City Manager recommending
Nicholson, City Manager that the City participate in joint
Michael Van Milligen, representation and sharing of__
Corporation Counsel Barry legal costs with the Cities of
Lindahl. Grinnell, Newton, Mason City
Mayor Duggan read the call and Washington, Iowa in the
and stated this is the regular Proceedings before the Iowa
session of the City Council Utilities Board as a result of a
called for the purpose of act- request for a rate increase and
ing upon such business which equalization of rates by
may properly come before they Interstate Power and Light
City Council. Company, upon motion
Invocation was given by received and filed. Buol„
Sister Joy Peterson, President moved adoption of Resolution
of the Sisters of the No. 383-02 Authorizing the
Presentation. execution of an agreement for
Proclamations: Responsible cost sharing in legal expenses.
Gaming Education Week Seconded by Markham.
(August 5-9, 2002) received by Motion carried 7-0.
Bruce Wentworth and Carrie Loras College - Acceptance
Zaber; United Way Campaign- of Easement for Public
Time (August 12-October 31, Sidewalk: City Manager rec-
2002) received by Rick ommending acceptance of an,_
Dickinson; and Downtown easement from Loras College
Month in Dubuque (August for a public sidewalk along
2002) received by David Rusk. Loras Boulevard adjacent to
CONSENT ITEMS the Academic Resource
Minutes Submitted: Airport Center between Cox Street
Commission of 6/24 and 7/11; and Alta Vista, upon motion
City Council of 7/15 and 7/23; received and filed. Buol
Civil Service Commission or moved adoption of Resolution
7/2; Community Development No. 384-02 Accepting an
Advisory Commission of 6/5; Easement for public sidewalk
Electrical Code Board of 7/15; (Part of Lot 2 of the
Five Flags Commission of Subdivision of Mineral Lot 90)
6/17; Housing Commission on Loras Boulevard to the City
Trust Fund Committee of 7/18; of Dubuque, upon motion
Human Rights Commission of received and filed. Seconded
6/19; Investment Oversight by Markham. Motion carried
Commission of 7/25; Library_ 7-0.
Board of Trustee's of 4/25 and John F. Kennedy
5/23; Municipal Housing Reconstruction - City/County
Agency of 7/15; Park and Funding Agreement: City_ Seippel Road, Mason Cate, Preservation Award: Historic Ordering bids. Seconded by
Recreation Commission of 7/9; Manager recommending 12271 Seippel Road, Joe Preservation Commission rec- Nicholson. Motion carried 7-
Zoning Advisory Commission approval of a City/County Fleckenstein, 15133 Old ommending approval of the 0.
of 7/10, upon motion received Funding Agreement for the Highway Road, Sandi Welsh, creation of a Ken Kringle West Locust Street Storm
and filed. John F. Kennedy 14986 Old Highway Road, all_ Historic Preservation Award to Sewer Improvements - Initiate:
Printed Council Proceedings Reconstruction Project in the spoke in opposition to the pro- promote the preservation of City Manager recommending
for March and April, 2002, estimated amount of posed rezoning. historic buildings and architec- initiation of the bidding
upon motion approved as, $157,583.05, upon motion After Council discussed the tural resources in the commu- process for the West Locust
printed. received and filed. Buol proposed rezoning, Buol nity, upon motion received and Street Storm Sewer
Finance Director submitting moved adoption of Resolution
Applicant: Andrea Bixier. Ms. fications and notice to bidders Stafford and Linwood
Bixier spoke requesting con- on the receipt of bids and City Cemetery, upon motion
sideration for appointment. Manager recommending received and filed. Michalski
HISTORIC PRESERVATION award of the contract to moved adoption of Resolution
COMMISSION (Three 3-year_ Portzen Construction, Inc., in No. 404-02 of Intent to dis-
unexpired terms) Applicant: the amount of $464,434.43, pose of City interest in Lot 4A
John E. Whalen (West 11th upon motion received and of Mineral Lot 472, Dubuque,
District). Dr. Whalen had con- filed. Iowa and set this for public
veyed he could not be in atten- Tim Conlon, 480 Wartburg hearing on 8/19/02 at a meet -
dance. Place, spoke requesting that_ ing to commence at 6:30 P.M.
HOUSING COMMISSION no sidewalks be installed on in the public library auditorium
(Three 3-year terms to expire the east side and that the and that the City Clerk publish
8/17/05 - Neustadt, Swift, Council has petitions to that notice in the manner pre -
Vacant) Applicant: Harry effect, also stating there scribed by law. Seconded by
Neustadt. No one spoke. already. is a sidewalk on the Nicholson. Motion carried 7-
Appointments to the follow -west side. Dave Horstmann 0.
ing Board: of Wartburg Seminary, spoke Lenox Addition - Sale of City
TRANSIT BOARD OF in support of the project but Property: City Manager rec-
TRUSTEES (Three 3-year stated there is no need for the ommending that a public hear -
terms of Enderson, Lightcap, sidewalk. _ ing be set for August 19, 2002
and Sand to expire 7/30/05) Cline moved adoption of the to consider disposing of City -
Applicants: George O. Resolutions. Seconded by owned property located in
Enderson, Joel Lightcap, Nicholson. Motion failed by Lenox Addition to Eric and
Michael W. Sand Upon the following vote: Yeas— Bonita Timmerman, upon
motion Enderson, Lightcap_ Nicholson. Nays—Buol, Cline, motion received and filed. —
and Sand were reappointed. Connors, Duggan, Markham, Michalski moved adoption of
PUBLIC HEARINGS Michalski. Markham moved Resolution No. 405-02 of
Upon motion the rules were adoption of Resolution No. Intent to dispose of City inter -
suspended to allow anyone 392-02 Adopting plans and est in Lot 130 of Lenox
present to speak. specifications for the project,_ Addition, Dubuque, Iowa and
Vacating Petition - Portion of as amended to exclude the set this for public hearing on
12th Street: Proof of publica- sidewalks; Resolution No. 8/19/02 at a meeting to com-
tion on notice of hearing and 393-02 Awarding contract to mence at 6:30 P.M. in the pub -
City Manager recommending Portzen Construction; and lic library auditorium and that
that the City dispose of inter-_ Resolution No. 394-02 With the City Clerk publish notice in_
est in a portion of City -owned respect to the adoption of the the manner prescribed by law.
property at 12th Street west of Resolution of Necessity pro- Seconded by Nicholson.
Bluff Street to Greg and Peggy posed for the Wartburg Motion carried 7-0.
Stover for the amount of Reconstruction Project. Birch Acres - Sale of City
$943.68, plus publication and Seconded by Buol. Motion_ Property: City Manager rec-
filing fees, upon motion carried 7-0. ommending that a public hear -
received and filed. Cline Local Law Enforcement Block ing be set for August 19, 2002
moved adoption of Resolution Grant Funds: Proof of publica- to consider disposing of City -
No. 391-02 Disposing of City tion on notice of hearing and owned property located in
interest in Lot 760A and Lot_ City Manager recommending Birch Acres to Jeff Arensdo f,_„
776B of McDaniel's acceptance of the 2002 Local upon motion received and
Subdivision, Dubuque, Iowa. Law Enforcement Block Grant filed. Michalski moved adop-
Seconded by Connors. Funds, upon motion received tion of Resolution No. 406-02
Motion carried 7-0. and filed and approved recom- of Intent to dispose of City
Wayne and Lynn Stewart - mendation. interest in Lot 3 Block 9 Birch
Rezoning Request: Proof of Upon motion the rules were- Acres and Lot 4 Block 9 Birch
publication on notice of hear- reinstated limiting discussion Acres, Dubuque, Iowa and set
ing to consider rezoning prop- to the Council this public hearing for 8/19/g2
erty located at 8000 Old ACTION ITEMS at a meeting to commence at
Highway Road from R-1 . ArTS Dubuque: 6:30 P.M. in the public library.,
Single -Family Residential Representatives of ArTS auditorium and that the City
District to CS Commercial Dubuque, a cooperative effort Clerk publish notice in the
Service and Wholesale District of the Dubuque Museum of manner prescribed by law.
and Zoning Advisory Art, Dubuque Symphony Seconded by Nicholson.
Commission recommending Orchestra and the Grander. Motion carried 7-0.
denial of the request and an Opera House, to address the Flora Pool Painting Project -
Ordinance Amending Council to encourage the City Initiate: City Manager recom-
Appendix A (the Zoning to include arts and cultural mending initiation of the bid -
Ordinance) of the City of organizations in the 2003 - ding process for the Flora Pool
Dubuque Code of Ordinances, 2004 top ten priorities to be Painting Project and setting ar
by reclassifying hereinafter set at the City Council's goal public hearing for September
described property located at setting in August, upon motion 3, 2002, upon motion received
8000 Old Highway Road from received and filed. and filed. Michalski moved
R-1 Single -Family Residential Bob Woodward spoke asking adoption of Resolution No.
District to CS Commercial that the Arts be included in the 407-02 Preliminary approval of
Service and Wholesale top 10 list of priorities to sup- plans and specifications;
District, presented and read. port in the City. Geri Schaefer Resolution No. 408-02 Fixing
Attorney Flint Drake, repre- of the Dubuque Museum of date of hearing on plans and
senting Wayne Stewart, spoke Art, Penny Roeder of the specifications for 9/3/02 at a
in favor of the rezoning. Kevin_ Dubuque Symphony and Chris meeting to commence at 6:30 _
Kotz, 14969 01d Highway Chapin -Tilton of The Grand P.M. in the public library audi-
Road, Tom McIntyre, 15105 Opera House all spoke torium and that the City Clerk
Old Highway Road, Janelle requesting the City's financial publish notice in the manner
Kotz, 13969 Old Highway support. prescribed by law; and
Road, Mike Chapman, 12761 Ken Kringle Historic. Resolution No. 409-02
P No. 385 02 Approving the_ moved to concur with the filed. Buol moved adoption of.,, Improvements Project and set -
the Financial Reports for the pp g. denial. Seconded by Resolution No. 395-02 ting a public hearing for
month ending June 30, 2002, agreement between the City of
upon motion received and Dubuque and Dubuque
filed. County for the construction of
Proof of publication of City John F. Kennedy Road from
Council Proceedings for July the Northwest Arterial to
1, 2002, upon motion received Barony Road. Seconded by
and filed. Markham. Motion carried 7-0.
Quarterly report of the- Dredged Material Placement
Dubuque Area Chamber of Permit: City Manager recom-
Commerce Convention and mending approval of a_ to City LI Light Industrial contracts associated with the to commence at 6:30 P.M. in
Visitors Bureau, upon motion Dredged Material Placement District at the request of Woodward Museum - 2002 the public library auditorium
received and filed. Permit with the U.S. Army Wayne and Lynn Stewart and renovations project, upon and that the City Clerk publish
Notice of Claims/Suits: Paula Corps of Engineers for the Zoning Advisory Commission motion received and filed. notice in the manner pre-
Deiter in estimated amount of replacement of dredge materi- recommending denial of the... Cline moved adoption of scribed by law and Resolution —
$249.10 for vehicle damage; al along the shoreline of Miller- request; Proof of publication Resolution No. 396-02 No. 412-02 Ordering bids.
Catherine Heinz in estimated Riverview Park, upon motion on notice of hearing to conaid- Adopting pane -and specifica- Seconded by - Nicholson.
amount of $3,942.75, for prop-_ received and filed and er a voluntary annexation tions; Resolution No. 397-02 Motion carried 7-0.
erty damage; Monica Heri in approved. request of Wayne and Lynn Award-ing Contract #1 Ice Harbor West Road / Walk
f University of Iowa - Site
Markham. Motion carried 7-0. Approving the creation of the September 3, 2002, upon
Wayne and Lynn Stewart Ken Kringle Historic motion received and filed.
Rezoning Request Concurrent Preservation Award. Michalski moved adoption of
with Annexation: Proof of_ Seconded by Michalski. Resolution No. 410-02 ,--
publication on notice of hear- Motion carried 7-0. Preliminary approval of plans
ing to consider rezoning prop- Woodward Museum - 2002 and specifications; Resolution
erty located along Old Renovations Project: City No. 411-01 Fixing date of
Highway Road from County Manager recommending hearing on plans and specifi-
M-1 Industrial (with conditions) award of the six construction.. cations for 9/3/02 at a meeting
City._ Stewart in conjunction with (Masonry Tuckpointing);,, Construction Project: City
Access
$2,786.74 for vehicle damage; Agreement:y _ rezoning and City Manager Resolution No. 398-02 Manager recommending initia-
Kenneth and Jane Lange in Manager recommending recommending approval of the Awarding Contract tion of the bidding process for
undetermined amount for vehi- approval of a Site Access voluntary annexation, an #2 (Roof, Gutters and the Ice Harbor West Road /
cle damage; James H. Jones Agreement with the University Ordinance Amending Downspouts); Resolution No. Walk Construction Project and
in estimated amount of of Iowa to allow University of Appendix A (the Zoning- 399-02 Awarding Contract #3 setting a public hearing for__
for vehicle damage• Iowa Hygienic Lab personnel Ordinance) of the City of (Carpentry). Resolution No. September 16, 2002, upon
Marge�Ogelsby in undeter- access to a northern branch of Dubuque Code of Ordinances
mined amount for personal- Catfish Creek from City prop- by reclassifying hereinafter
injury; Carl Till in estimated erty near Seippel Road, upon described property located
amount of $60.00 for property motion received and filed and along Old Highway Road from
damage; Jim and Nancy approved recommendation. -- Dubuque County M-1
Stock, and Mary Lou Mulgrew Dubuque Main Street - Grant Industrial with conditions to
vs the City of Dubuque and the Application: City Manager City of Dubuque LI Light
Zoning Board of Adjustment; recommending that the City Industrial District, concurrent
Donna Vaske in estimated endorse an application from with annexation and a
amount of $88.63 for vehicle Main Street Ltd. to the lowa Resolution Annexing certain -
damage, upon motion referred Department of Economic property, presented and read.
to the Legal Staff for investiga Development/Main Street Markham moved to concur
tion and report. Iowa for a Main Street Iowa with denial of the rezoning and
Corporation Counsel advising Challenge Grant in the amount deny annexation. Seconded
that the following claims have of $50,000 for an Upper Main_ by Markham. Carried by the
been referred to Public Entity District residential develop- following vote: Yeas —Cline,
Risk Services of Iowa, the ment project, upon motion Connors, Markham,
agent for the Iowa received and filed and Nicholson, Buol. Nays —
400-02 Awarding Contract #4 motion received and filed.
(HVAC); Resolution No. 401- Michalski moved adoption of
02 Awarding Contract #5 Resolution No. 413-02
(Plumbing and Sprinkler). Preliminary approval of plans
Resolution No. 402-02 N and specifications; Resolution
Awarding Contract #6 No. 414-02 Fixing date of
(Electrical). Seconded by hearing on plans and specifi-
Nicholson. Motion carried 7- cations for 9/16/02 at a meet-
0. ing to commence at 6:30 P.M.
Outdoor Service of Alcoholic in the public library auditorium
Beverages on Public Right -of- and that the City Clerk publish
Way: City Manager recom- notice in the manner pre -
mending approval of criteria scribed by law and Resolution
for use of public right-of-way_ No. 415-02 Ordering bids.
for outdoor service of alcoholic Seconded by Nicholson.
beverages relating to long- Motion carried 7-0.
term use of City property, There being no further busi-
uponroved recommendation. motion received and filed ness, upon motion meeting
er
Communities Assurance Pool: pp Duggan, Michalski. and approved criteria with adjourned at 10:14 P.M.
James A. Daniel for personal McGraw Hill - Acceptance of University of Dubuque ' additional criteria regarding lit- /s/ Jeanne F. Schneider, CMC
injury; Design Center, Inc. for Gazebo Plat and Deed: City Rezoning Request: Proof of ter cleanup and appropriate City Clerk
expenses incurred due to con -__Manager recommending publication on notice of hear- lease of area to be used. 1t 8/16
struction of the Third Street acceptance of the Gazebo ing to consider rezoning prop- Special Event Insurance
Parking Ramp; Monica Heri for property from R/W Dubuque, erty located at 441 McCormick Grant: City Manager recom-
vehicle damage; Catherine LLC (developers of the Street from R-1 Single -Family mending approval of proposed
Heinz for property damage; McGraw-Hill facility) and- Residential District to ID criteria for a Special Event
Mary McAleece Fuhrman for approval of a plat incorporat- Institutional District at the Grant Program for events held
property damage; Kenneth A. ing the gazebo property into request of the University of on public right-of-way that
Lange for vehicle damage, the John G. Bergfeld Dubuque and Zoning Advisory require insurance, upon
upon motion received and filed Recreation Area at the Commission recommending motion tabled and referred to
and concurred. Dubuque Industrial Center approval of the request, upon Staff to review the standards.
Corporation Counsel recom-_West, upon motion received motion received and filed. Mississippi River National
mending settlement of the and filed. Buol moved adop- Tracey Wagner, Vice Education and Conference
claim of James H. Jones for tion of Resolution No. 386-02 President of Finance for the Center - Cascading Stairs:_
vehicle damage; Cottingham Accepting a conveyance of__ University of Dubuque, spoke City Manager requesting
and Butler Insurance for vehi- property on Chavenelle Road in support of the rezoning. Council direction on the
cle damage and the Finance (Lot 2-5 of Dubuque Industrial Ordinance No. 58-02 design and height of the pro -
Director to issue payment, Center West) to the City of Amending Appendix A (the posed signage on both sides
upon motion received and filed Dubuque, Iowa and Resolution Zoning Ordinance) of the City of the cascading stairs being
and concurred, directing No. 387-02 Approving Plat of of Dubuque Code of constructed near the
Finance Director to issue prop- Survey of Lot H of Dubuque Ordinances by reclassifying Mississippi River National
er payment. Industrial Center West. hereinafter described property Education and Conference
Corporation Counsel recom-- Seconded by Markham. located at 441 McCormick Center, upon motion received
mending that the claim of Motion carried 7-0. Street from R-1 Single -Family and filed and directed that no_
Paula Deiter for vehicle dam- Business Licenses: Residential District to ID lettering be done.
age be referred to Hamel Michalski moved to table- Institutional District, presented Downtown Planning
Parking Lot Service and the action on the The Busted Lift and read. Cline moved that Committee Membership: Long
claim of Donna Vaske for vehi- liquor license for outdoor ser- the requirement that a pro- Range Planning Commission
cle damage be referred to vice. Seconded by Nicholson. posed Ordinance be consid- requesting Council approval of
W.C. Stewart Construction Carried by the following vote: ered and voted on for passage the membership for the
Company, upon motion Yeas —Cline, Connors, at two Council Meetings prior Downtown Planning
received and filed and con- Michalski, Nicholson. Nays— to the meeting at which it is to Committee of the Long Range
curred. Duggan, Markham, Buol. be finally passed be suspend- Planning Commission, upon
Citizen Communications: Nicholson moved adoption of ed and further moved final motion received and filed and_
a. Communication of Resolution No. 388-0R-, consideration and passage of approved membership as pre -
Kathleen Soanaler. 3475 Granting the issuance of one the Ordinance. Seconded by sented.
STATE OF IOWA
DUBUQUE COUNTY
CERTIFICATION OF I
I, Tammy M Feldmann, a Billing Clerk i
Iowa corporation, publisher of the Teleg
circulation published in the City of Dubi
Iowa; hereby certify that the attached no
the following dates: August 16, 2002, an
c----7;1/V/Lt
Subscri ed to before me, a Notary Publ.
this day of
•nil,y CUUUalIUII YYeUK
(August 5-9, 2002) received by
Bruce Wentworth and Carrie
Zaber; United Way Campaign -
Time (August 12-October 31,
2002) received by Rick
Dickinson; and Downtown
Month in Dubuque (August
2002) received by David Rusk.
CONSENT ITEMS
Minutes Submitted: Airport
Commission of 6/24 and 7/11;
City Council of 7/15 and 7/23;
Civil Service Commission of
7/2; Community Development
Advisory Commission of 6/5;
Electrical Code Board of 7/15;
Five Flags Commission of
6/17; Housing Commission
Trust Fund Committee of 7/18;
Human Rights Commission of
6/19; Investment Oversight
Commission of 7/25; Library
Board of Trustee's of 4/25 and
5/23; Municipal Housing
Agency of 7/15; Park and
Recreation Commission of 7/9;
Zoning Advisory Commission
of 7/10, upon motion received
and filed.
Printed Council Proceedings
for March and April, 2002,
upon motion approved as,
printed.
Finance Director submitting
the Financial Reports for the
month ending June 30, 2002,
upon motion received and
filed.
Proof of publication of City
Council Proceedings for July
1, 2002, upon motion received
and filed.
Quarterly report of the
Dubuque Area Chamber of
Commerce Convention and
Visitors Bureau, upon motion
received and filed.
Notice of Claims/Suits: Paula
Deiter in estimated amount of
$249.10 for vehicle damage;
Catherine Heinz in estimated
amount of $3,942.75, for prop-...1
erty damage; Monica Heri in
estimated amount of
$2,786.74 for vehicle damage;
Kenneth and Jane Lange in
undetermined amount for vehi-
cle damage; James H. Jones
in estimated amount of
$672.74 for vehicle damage;
Marge Ogelsby in undeter-
mined amount for personaL
injury; Carl Till in estimated
amount of $60.00 for property
damage; Jim and Nancy
Stock, and Mary Lou Mulgrew
vs the City of Dubuque and the
Zoning Board of Adjustment;
Donna Vaske in estimated
amount of $88.63 for vehicle
damage, upon motion referred
to the Legal Staff for investiga-,
tion 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:
James A. Daniel for personal
injury; Design Center, Inc. for
expenses incurred due to con
struction of the Third Street
Parking Ramp; Monica Heri for
vehicle damage; Catherine
Heinz for property damage;
Mary McAleece Fuhrman for
property damage; Kenneth A.
Lange for vehicle damage,
upon motion received and filed
and concurred.
Corporation Counsel recom-
mending settlement of the
claim of James H. Jones for
vehicle damage; Cottingham
and Butler Insurance for vehi-
cle damage and the Finance
Director to issue payment,
upon motion received and filed
and concurred, directing
Finance Director to issue prop-
er payment.
Corporation. Counsel recom-
mending that the claim of
Paula Deiter for vehicle dam-
age be referred to Hamel
Parking Lot Service and the
claim of Donna Vaske for vehi-
cle damage be referred to
W.C. Stewart Construction
Company, upon motion
received and filed and con-
curred.
Citizen Communications:
a. Communication of
Kathleen Spangler, 3475
Sunset Park Circle, expressing
concerns related to the pro-
posed extension of Bonson
Road, upon motion received
and filed and referred to the
City Manager.
b. Communication of George -
and Helen Weinberg, 3460
Sunset Park Circle, expressing
concerns related to the pro-
posed extension of Bonson
Road, upon motion received
and filed and referred to the
City Manager.
c. Communication of Gary
and Doris Vogel, 3466 Sunset.
Park Circle, regarding the
scheduled street construction
project to extend Bonson
Road, upon motion received
and filed and referred to the
City Manager.
d. Communication from
Dubuque - Jackson Counties
Habitat for Humanity regarding
storm water run-off on Nevada
Street and YM/YW Drive, upon
motion received and filed and
referred to the City Manager.
e. Communication of Amy
Pascual regarding Cable TV
service and problems along
Highway 20, upon motion
received and filed and referred
to the City Manager.
Vacant Buildings Status
Report: City Manager submit-
ting the Vacant Buildings
Status Report from the
Housing and Community
Development Department,
upon motion received and
filed.
Motion carried 7-0.
Loras College - Acceptance
of Easement for Public
Sidewalk: City Manager rec-
ommending acceptance of an
easement from Loras College
for a public sidewalk along
Loras Boulevard adjacent to
the Academic Resource
Center between Cox Street
and Alta Vista, upon motion
received and filed. Buol
moved adoption of Resolution
No. 384-02 Accepting an
Easement for public sidewalk_
(Part of Lot 2 of the
Subdivision of Mineral Lot 90)
on Loras Boulevard to the City
of Dubuque, upon motion
received and filed. Seconded
by Markham. Motion carried
7-0.
John F. Kennedy
Reconstruction - City/County
Funding Agreement: City_
Manager recommending
approval of a City/County
Funding Agreement for the
John F. Kennedy
Reconstruction Project in the
estimated amount of
$157,583.05, upon motion
received and filed. Buol
moved adoption of Resolution
No. 385-02 Approving the_
agreement between the City of
Dubuque and Dubuque
County for the construction of
John F. Kennedy Road from
the Northwest Arterial to
Barony Road. Seconded by
Markham. Motion carried 7-0.
Dredged Material Placement
Permit: City Manager recom-
mending approval of a.
Dredged Material Placement
Permit with the U.S. Army
Corps of Engineers for the
replacement of dredge materi-
al along the shoreline of Miller -
Riverview Park, upon motion
received and filed and
approved.
University of Iowa - Site
Access Agreement: City._
Manager recommending
approval of a Site Access
Agreement with the University
of Iowa to allow University of
Iowa Hygienic Lab personnel
access to a northern branch of
Catfish Creek from City prop-
erty near Seippel Road, upon
motion received and filed and
approved recommendation.
Dubuque Main Street - Grant
Application: City Manager
recommending that the City
endorse an application from
Main Street Ltd. to the Iowa
Department of Economic
Development/Main Street
Iowa for a Main Street Iowa
Challenge Grant in the amount
of $50,000 for an Upper Main_
District residential develop-
ment project, upon motion
received and filed and
approved recommendation.
McGraw Hill - Acceptance of
Gazebo Plat and Deed: City
Manager recommending
acceptance of the Gazebo
property from R/W Dubuque,
LLC (developers of the
McGraw-Hill facility) and -
approval of a plat incorporat-
ing the gazebo property into
the John G. Bergfeld
Recreation Area at the
Dubuque Industrial Center
West, upon motion received
and filed. Buol moved adop-
tion of Resolution No. 386-02
Accepting a conveyance of_
property on Chavenelle Road
(Lot 2-5 of Dubuque Industrial
Center West) to the City of
Dubuque, Iowa and Resolution
No. 387-02 Approving Plat of
Survey of Lot H of Dubuque
Industrial Center West.
Seconded by Markham.
Motion carried 7-0.
Business Licenses:
Michalski moved to table -
action on the The Busted Lift
liquor license for outdoor ser-
vice. Seconded by Nicholson.
Carried by the following vote:
Yeas -Cline, Connors,
Michalski, Nicholson. Nays -
Duggan, Markham, Buol.
Nicholson moved adoption of
Resolution No. 388-02,
Granting the issuance of one
new permit to sell cigarettes
and cigarette papers within the'
City to Sumbal Corporation;
Resolution No. 389-02
Granting the issuance of a
Class "B" Beer (Special Event)
Permit to Dubuque Area Labor
Management (Tent A and B in
Town Clock Plaza), Music N_
More;, Dubuque Jaycees (Tent
A, B and C in Town Clock
Plaza), and Riverfest; and
Class "C" Beer Permit to Kwik
Stop Food Mart, Amoco Food
Shop, IOCO Speede Shoppe,
and Sumbal Corporation; and
Resolution No. 390-02
Granting issuance of a Class
"C" Beer/Liquor License to_
Shannon's Bar & Grill, Los
Aztecas Mexican Restaurant,
and Special Class "C" (BW)
Liquor License to Choo Choo
Charlie's Pizza; and Class "C"
Beer/Liquor License (1 Day
Special Outdoor 'Event) to
Jumper's Sports Bar (Blues
Fest), with the exclusion of the
listed "The Busted Lift -
Outdoor Service." Seconded -
by Michalski.. Carried by the
following motion: Yeas -
Cline, Connors, Michalski,
Nicholson. Nays -Duggan,
Markham, Buol.
BOARDS/COMMISSIONS
Applicants are invited to
address the Council regarding
their desire to serve on the fol-
lowing Commissions:
ENVIRONMENTAL STEW-
ARDSHIP ADVISORY COM-
MISSION: (One vacant 3-year
term to expire 10/1/03).
Jingle ramify Residential
District to CS Commercial
Service and Wholesale District
and Zoning Advisory
Commission recommending
denial of the request and an
Ordinance Amending
Appendix A (the Zoning
Ordinance) of the City of
Dubuque Code of Ordinances
by reclassifying hereinafter
described property located at
8000 Old Highway Road from
R-1 Single -Family Residential
District to CS Commercial
Service and Wholesale
District, presented and read.
Attorney Flint Drake, repre-
senting Wayne Stewart, spoke
in favor of the rezoning. Kevin
Kotz, 14969 Old Highway
Road, Tom McIntyre, 15105
Old Highway Road, Janelle
Kotz, 13969 Old Highway
Road, Mike Chapman, 12761
Seippel Road, Mason Cate,
12271 Seippel Road, Joe
Fleckenstein, 15133 Old
Highway Road, Sandi Welsh,
14986 Old Highway Road, all_
spoke in opposition to the pro-
posed rezoning.
After Council discussed the
proposed rezoning, Buol
moved to concur with the
denial. Seconded by
Markham. Motion carried 7-0.
Wayne and Lynn Stewart
Rezoning Request Concurrent
with Annexation: Proof of_
publication on notice of hear-
ing to consider rezoning prop-
erty located along Old
Highway Road from County
M-1 Industrial (with conditions)
to City LI Light Industrial
District at the request of
Wayne and Lynn Stewart and
Zoning Advisory Commission
recommending denial of the..
request; Proof of publication
on notice of hearing to consid-
er a voluntary annexation
request of Wayne and Lynn
Stewart in conjunction with
rezoning and City Manager
recommending approval of the
voluntary annexation, an
Ordinance Amending
Appendix A (the Zoning._
Ordinance) of the City of
Dubuque Code of Ordinances
by reclassifying hereinafter
described property located
along Old Highway Road from
Dubuque County M-1
Industrial with conditions to
City of Dubuque LI Light
Industrial District, concurrent
with annexation and a
Resolution Annexing certain
property, presented and read.
Markham moved to concur
with denial of the rezoning and
deny annexation. Seconded
by Markham. Carried by the
following vote: Yeas -Cline,
Connors, Markham,
Nicholson, Buol. Nays -
Duggan, Michalski.
University of Dubuque -
Rezoning Request: Proof of
publication on notice of hear-
ing to consider rezoning prop-
erty located at 441 McCormick
Street from R-1 Single -Family
Residential District to ID
Institutional District at the
request of the University of
Dubuque and Zoning Advisory
Commission recommending
approval of the request, upon
motion received and filed.
Tracey Wagner, Vice
President of Finance for the
University of Dubuque, spoke
in support of the rezoning.
Ordinance No. 58-02
Amending Appendix A (the
Zoning Ordinance) of the City
of Dubuque Code of
Ordinances by reclassifying
hereinafter described property
located at 441 McCormick
Street from R-1 Single -Family
Residential District to ID
Institutional District, presented
and read. Cline 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
Markham. Motion carried 7-0.
Lamar Advertising - Off
Premise Signs Text_
Amendment: Proof of publica-
tion on notice of hearing to
consider a request from Jim
Schumacher, Lamar
Advertising, to amend the
Zoning Ordinance regarding
off -premise signs and Zoning
Advisory Commission recom-
mending denial, and an
Ordinance Amending,.
Appendix A (the Zoning
Ordinance) of the City of
Dubuque Code of Ordinances
by repealing Section 4-3.2(39)
Definition of Off -Premise Signs
and adopting a new Section 4-
3.2(39) Definition of Off -
Premise Signs in lieu thereof,
presented and read. Jim
Schumacher of Lamar
Advertising, 1690 Elm St.,
spoke requesting the change
citing verbal miscommunica-
tion as to the concept of "on -
premise signage." Attorney
Mike Coyle, representing
Hyundai, stressed that the par-
ticular sign in question is an
"off -premise sign" and any
other interpretation of the
Ordinance is inappropriate.'
Buol moved to receive and file
the proof and communication
and to concur with the denial.
Seconded by Michalski.
Motion carried 7-0.
Wartburg Place
Reconstruction Project:
Proofs of publication on notice
of hearing on plans and speci
Representativeg' "fif "A'
Dubuque, a cooperative effort
of the Dubuque Museum of
Art, Dubuque Symphony
Orchestra and the Grand
Opera House, to address the
Council to encourage the City
to include arts and cultural
organizations in the 2003 -
2004 top ten priorities to be
set at the City Council's goal
setting in August, upon motion
received and filed.
Bob Woodward spoke asking
that the Arts be included in th-
top 10 list of priorities to sup-
port in the City. Geri Schaefer
of the Dubuque Museum of
Art, Penny Roeder of the
_ Dubuque Symphony and Chris
Chapin -Tilton of The Grand
Opera House all spoke
requesting the City's financial
support.
Ken Kringle Historic
Preservation Award: Historic
Preservation Commission rec-
ommending approval of the
creation of a Ken Kringle
Historic Preservation Award to
promote the preservation of
historic buildings and architec-
tural resources in the commu-
nity, upon motion received and
filed. Buol moved adoption of
Resolution No. 395-02
Approving the creation of the
Ken Kringle Historic
Preservation Award.
Seconded by Michalski.
Motion carried 7-0.
Woodward Museum - 2002
Renovations Project: City
Manager recommending
award of the six constructio
contracts associated with the
Woodward Museum - 2002
renovations project, upon
motion received and filed.
Cline moved adoption of
Resolution No. 396-02
Adopting piano and specifica-
tions; Resolution No. 397-02
Award-ing Contract #1
(Masonry Tuckpointing)•
Resolution No. 398-02
Awarding Contract
#2 (Roof, Gutters and
Downspouts); Resolution No.
399-02 Awarding Contract #3
(Carpentry); Resolution No.
400-02 Awarding Contract #4
(HVAC); Resolution No. 401-
02 Awarding Contract #5
(Plumbing and Sprinkler).
Resolution No. 402-02 N
Awarding Contract #6
(Electrical). Seconded by
Nicholson. Motion carried 7-
0.
Outdoor Service of Alcoholic
Beverages on Public Right -of -
Way: City Manager recom-
mending approval of criteria
for use of public right-of-way
for outdoor service of alcoholic
beverages relating to long-
term use of City property,
upon motion received and filed
and approved criteria with
additional criteria regarding lit-
ter cleanup and appropriate
lease of area to be used.
Special Event Insurance
Grant: City Manager recom-
mending approval of proposed
criteria for a Special Event
Grant Program for events held
on public right-of-way that
require insurance, upon
motion tabled and referred to
Staff to review the standards.
Mississippi River National
Education and Conference
Center - Cascading Stairs:_
City Manager requesting
Council direction on the
design and height of the pro-
posed signage on both sides
of the cascading stairs being
constructed near the
Mississippi River National
Education and Conference
Center, upon motion received
and filed and directed that no
lettering be done.
Downtown Planning
Committee Membership: Long
Range Planning Commission
requesting Council approval of
the membership for the
Downtown Planning
Committee of the Long Range
Planning Commission, upon
motion received and filed and_
approved membership as pre-
sented.
Bee Branch Drainage Basin
Master Plan Request for
Proposals (RFP) City Manager
recommending approval to
solicit proposals to develop a
Drainage Basin Master Plan for
the Bee Branch Watershed
Basin and further recommend:
ing that Dr. Charles
Winterwood be appointed
chairperson of the Citizen
Advisory Committee to be
formed as part of the project,
upon motion received and filed
and approved recommenda-
tion.
Heritage Trail Extension
Project: City Manager recom-
mending award of the contract
for the Heritage Trail Extension
Project to Tschiggfrie
Excavating in the amount of
$609,726.65 and directing
staff to prepare a change order
for the removal of the route
along Volunteer Drive at a cost
of $87,356.25, upon motion
received and filed. Nicholson,
moved adoption of Resolution
No. 403-02 Awarding contract.
Seconded by Connors.
Motion carried 7-0.
ITEMS TO BE SET FOR
PUBLIC HEARING
Request to Purchase City -
Owned Property - Joseph
Feltes: City Manager recom-
mending that a public hearing
be set for August 19, 2002 to
consider a request from
Joseph G. Feltes to purchase
City -owned property located
between his property at 2616
e
Clerk publish notice in the
manner prescribed by law.
Seconded by Nicholson.
Motion carried 7-0.
Flora Pool Painting Project -
Initiate: City Manager recom-
mending initiation of the bid-
ding process for the Flora Pool
Painting Project and setting a
public hearing for September
3, 2002, upon motion received
and filed. Michalski moved
adoption of Resolution No.
407-02 Preliminary approval of
plans and specifications;
Resolution No. 408-02 Fixing
date of hearing on plans and
specifications for 9/3/02 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. 409-02
Ordering bids. Seconded by
Nicholson. Motion carried 7-
0.
West Locust Street Storm
Sewer Improvements - Initiate:
City Manager recommending
initiation of the bidding
process for the West Locust
Street Storm Sewer
Improvements Project and set-
ting a public hearing for
September 3, 2002, upon
motion received and filed.
Michalski moved adoption of
Resolution No. 410-02 _-
Preliminary approval of plans
and specifications; Resolution
No. 411-01 Fixing date of
hearing on plans and specifi-
cations for 9/3/02 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 pre-
scribed
by law and Resolution -
No. 412-02 Ordering bids.
Seconded by - Nicholson.
Motion carried 7-0.
Ice Harbor West Road / Walk
Construction Project: City
Manager recommending initia-
tion of the bidding process for
the Ice Harbor West Road /
Walk Construction Project and
setting a public hearing for__
September 16, 2002, upon
motion received and filed.
Michalski moved adoption of
Resolution No. 413-02
Preliminary approval of plans
and specifications; Resolution
No. 414-02 Fixing date of
hearing on plans and specifi-
cations for 9/16/02 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 pre-
scribed by law and Resolution
No. 415-02 Ordering bids.
Seconded by Nicholson.
Motion carried 7-0.
There being no further busi-
ness, upon motion meeting
adjourned at 10:14 P.M.
/s/ Jeanne F. Schneider, CMC
City Clerk
1t 8/16
STATE OF IOWA
DUBUQUE COUNTY
CERTIFICATION OF I
I, Tammy M Feldmann, a Billing Clerk f
Iowa corporation, publisher of the Telegi
circulation published in the City of Dubu
Iowa; hereby certify that the attached not
the following dates: August 16, 2002, an
Subscri ed to before me, a N tary Publil
this day of
f