Council Proceedings August 2002Regular Session, August 5, 2002 315
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session, August 5, 2002
Council met in Regular Session at 6:30 P.M. in
the Library Auditorium
Present: Mayor Duggan, Council Members
Buol, Cline, Connors, Markham, Michalski,
Nicholson, City Manager Michael Van Milligen,
Corporation Counsel Barry Lindahl.
Mayor Duggan read the call and stated this is
the regular session of the City Council called for
the purpose of acting upon such business which
may properly come before the City Council.
Invocation was given by Sister Joy Peterson,
President of the Sisters of the Presentation.
Proclamations: Responsible Gaming
Education Week (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 Trustees
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, presented
and read. Buol moved that the minutes be
received and filed. Seconded by Markham.
Motion carried 7-0.
Printed Council Proceedings for March and
April, 2002, presented and read. Buol moved
that the proceedings be approved as printed.
Seconded by Markham. Motion carried 7-0.
Finance Director submitting the Financial
Reports for the month ending June 30, 2002,
presented and read. Buol moved that the
communication and reports be received and
filed. Seconded by Markham. Motion carried 7-
0.
Proof of publication of City Council
Proceedings for July 1, 2002, presented and
read. Buol moved that the communication be
received and filed. Seconded by Markham.
Motion carried 7-0.
Quarterly report of the Dubuque Area
Chamber of Commerce Convention and Visitors
Bureau, presented and read. Buol moved that
the report be received and filed. Seconded by
Markham. Motion carried 7-0.
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 property damage; Monica Heri
in estimated amount of $2,786.74 for vehicle
damage; Kenneth and Jane Lange in
undetermined amount for vehicle damage;
James H. Jones in estimated amount of $672.74
for vehicle damage; Marge Ogelsby in
undetermined 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, presented
and read. Buol moved that the claims and suits
be referred to the Legal Staff for investigation
and report. Seconded by Markham. Motion
carried 7-0.
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 construction 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,
presented and read. Buol moved that the
communications be received and filed and
concurred. Seconded by Markham. Motion
carried 7-0.
Corporation Counsel recommending
settlement of the claim of James H. Jones for
vehicle damage; Cottingham and Butler
Insurance for vehicle damage and the Finance
Director to issue payment, presented and read.
Buol moved that the communication be received
and filed and concurred, directing Finance
Director to issue proper payment. Seconded by
Markham. Motion carried 7-0.
Corporation Counsel recommending that the
claim of Paula Deiter for vehicle damage be
referred to Hamel Parking Lot Service and the
claim of Donna Vaske for vehicle damage be
referred to W.C. Stewart Construction Company,
316 Regular Session, August 5, 2002
presented and read. Buol moved that the
communications be received and filed and
concurred. Seconded by Markham. Motion
carried 7-0.
Citizen Communications:
a. Communication of Kathleen Spangler, 3475
Sunset Park Circle, expressing concerns related
to the proposed extension of Bonson Road,
presented and read. Buol moved that the
communication be received and filed and
referred to the City Manager. Seconded by
Markham. Motion carried 7-0.
b. Communication of George and Helen
Weinberg, 3460 Sunset Park Circle, expressing
concerns related to the proposed extension of
Bonson Road, presented and read. Buol moved
that the communication be received and filed
and referred to the City Manager. Seconded by
Markham. Motion carried 7-0.
c. Communication of Gary and Doris Vogel,
3466 Sunset Park Circle, regarding the
scheduled street construction project to extend
Bonson Road, presented and read. Buol
moved that the communication be received and
filed and referred to the City Manager.
Seconded by Markham. Motion carried 7-0.
d. Communication from Dubuque-Jackson
Counties Habitat for Humanity regarding storm
water run-off on Nevada Street and YM/YW
Drive, presented and read. Buol moved that the
communication be received and filed and
referred to the City Manager. Seconded by
Markham. Motion carried 7-0.
e. Communication of Amy Pascual regarding
Cable TV service and problems along Highway
20, presented and read. Buol moved that the
communication be received and filed and
referred to the City Manager. Seconded by
Markham. Motion carried 7-0.
Vacant Buildings Status Report: City Manager
submitting the Vacant Buildings Status Report
from the Housing and Community Development
Department, presented and read. Buol moved
that the communication be received and filed.
Seconded by Markham. Motion carried 7-0.
Supplement No. 55 to the Code of Ordinances:
City Manager recommending adoption of
Supplement No. 55 to the City of Dubuque Code
of Ordinances, presented and read. Buol moved
that the communication be received and filed.
Seconded by Markham. Motion carried 7-0.
RESOLUTION NO. 382-02
ADOPTING SUPPLEMENT NO. 55 TO THE
CODE OF ORDINANCES OF THE CITY OF
DUBUQUE, IOWA
Whereas, under date of July 17, 1989, the City
Council,, pursuant to Ordinance No. 34-89,
readopted the Code of Ordinances of the City of
Dubuque, Iowa for ordinances adopted up to
and including December 19, 1988; and
Whereas, since December 19, 1988 the City
Council of the City of Dubuque, Iowa has
adopted certain ordinances amending the Code
of Ordinances and said amendments have been
printed as supplements to the Code of
Ordinances; and
Whereas, Section 380.8 of the Code of
Ordinances provides that supplements by
resolution, become part of the Code of
Ordinances.
NOW THEREFORE BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Supplement No. 55 of the
Code of Ordinances of the City of Dubuque,
Iowa, covering Ordinances through Ordinance
No. 36-02 enacted through April 15, 2002 and
prepared by the Sterling Codifiers, Inc, Coeur D'
Alene, ID hereto filed in the Office of the City
Clerk of the City of Dubuque, Iowa be and is
hereby adopted and becomes part of the Code
of Ordinances of the City of Dubuque, Iowa.
Passed, approved and adopted this 5th day of
August, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
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,
presented and read. Buol moved that the
communication and report be received and filed.
Seconded by Markham. Motion carried 7-0.
Sign Agreement with Grand Opera House:
City Manager recommending approval of an
agreement with the Grand Opera House for the
installation and management of a new
community sign to be located on 8th Street,
presented and read. Michalski moved that the
communication be received and filed and
approved recommendation. Seconded by
Nicholson. Motion carried 7-0.
American Red Cross: Communication from
the American Red Cross expressing
appreciation to the City for the contribution for
the Emergency Response Vehicle, presented
and read. Buol moved that the communication
be received and filed. Seconded by Markham.
Motion carried 7-0.
Regular Session, August 5, 2002 317
Iowa Utilities Board - Cost Sharing of Legal
Expenses: City Manager recommending that
the City participate in joint representation and
sharing of legal costs with the Cities of Grinnell,
Newton, Mason City and Washington, Iowa in
the proceedings before the Iowa Utilities Board
as a result of a request for a rate increase and
equalization of rates by Interstate Power and
Light Company, presented and read. Buol
moved that the communication be received and
filed. Seconded by Markham. Motion carried 7-
0.
RESOLUTION NO. 383-02
RESOLUTION AUTHORIZING THE EXECU-
TION OF AN AGREEMENT FOR COST
SHARING IN LEGAL EXPENSES
WHEREAS, the City of Dubuque, Iowa, on
May 20, 2002 authorized the City Manager to
retain legal counsel to represent the City of
Dubuque in the Interstate Power and Light
Company request for rate increase and
equalization of rates, and
WHEREAS, the City Manager has
communicated with other communities regarding
the City Council action, requesting consideration
of sharing in the cost of legal expenses; and
WHEREAS, the Cities of Grinnell, Newton,
Mason City, and Washington, Iowa have agreed
to join with the City of Dubuque, and have
agreed to cost sharing legal expenses;
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The attached Agreement for Cost
Sharing in Legal Expenses between and among
the Cities of Dubuque, Grinnell, Newton, Mason
City, and Washington is hereby approved.
Section 2. The Mayor and City Clerk are
hereby authorized and directed to execute the
Agreement.
Passed, approved and adopted this 5th day of
August 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
Loras College - Acceptance of Easement for
Public Sidewalk: City Manager recommending
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, presented
and read.. Buol moved that the communication
be received and filed. Seconded by Markham.
Motion carried 7-0.
RESOLUTION NO. 384-02
A RESOLUTION ACCEPTING AN EASEMENT
FOR PUBLIC SIDEWALK (PART OF LOT 2 OF
THE SUBDIVISION OF MINERAL LOT 90) ON
LOP, AS BOULEVARD TO THE CITY OF
DUBUQUE
Whereas, Loras College has agreed to convey
an easement for public sidewalk over Part of Lot
2 of the Subdivision of Mineral Lot 90 in the City
of Dubuque, Iowa, for the purpose of relocating
the public sidewalk onto private property owned
by Loras College, as shown on the easement
exhibit thereof; and
Whereas, Loras College has executed an
easement to the public over said property.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of
Dubuque, Iowa, hereby approves of, accepts,
and consents to the Easement for Public
Sidewalk from Loras College, copies of which
are attached hereto, as required by Iowa Code
Section 569.7.
Section 2. The Mayor is hereby authorized
and directed to execute and acknowledge on
behalf of the City of Dubuque any instruments in
connection herewith.
Passed, approved and adopted this 5th day of
August, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
John F. Kennedy Reconstruction - City/County
Funding Agreement: City Manager recom-
mending approval of a City/County Funding
Agreement for the John F. Kennedy
Reconstruction Project in the estimated amount
of $157,583.05, presented and read. Buol
moved that the communication be received and
filed. Seconded by Markham. Motion carried 7-
0.
RESOLUTION NO. 385-02
RESOLUTION APPROVING THE AGREE-
MENT BETWEEN THE CITY OF DUBUQUE
AND DUBUQUE COUNTY FOR THE
RECONSTRUCTION OF JOHN F. KENNEDY
ROAD FROM THE NORTHWEST ARTERIAL
TO BARONY ROAD
Whereas, the City of Dubuque has scheduled
improvements for the reconstruction of John F.
Kennedy Road from the Northwest Arterial to the
northerly City limits; and
Whereas, Dubuque County and the City of
Dubuque have agreed to cost-share in the
portion of said project which lies partially in the
Dubuque City limits and partially outside of the
Dubuque City limits; and
Whereas, the City of Dubuque proposes to
design, construct, inspect, and initially pay for
the entire cost of said project; and
318 Regular Session, August 5, 2002
Whereas, Dubuque County agrees to fund that
portion of the project located outside the
Dubuque City limits based upon the jointly-
accepted participating construction items as
detailed in the attached agreement; and
Whereas, the City Council of the City of
Dubuque agrees with the terms and conditions
of said agreement.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Mayor be authorized and directed to
execute two copies of the agreement for the
reconstruction of John F. Kennedy Road from
the Northwest Arterial to Barony Road.
Passed, approved and adopted this 5th day of
August, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
Dredged Material Placement Permit: City
Manager recommending approval of a Dredged
Material Placement Permit with the U.S. Army
Corps of Engineers for the placement of dredge
material along the shoreline of Miller-Riverview
Park, presented and read. Buol moved that the
communication be received and filed and
approved recommendation. Seconded by
Markham. Motion carried 7-0.
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 property near Seippel Road, presented
and read. Buol moved that the communication
be received and filed and approved
recommendation. Seconded by Markham.
Motion carried 7-0.
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 development project,
presented and read. Buol moved that the
communication be received and filed and
approved recommendation. Seconded by
Markham. Motion carried 7-0.
McGraw Hill - Acceptance of Gazebo Plat and
Deed: City Manager recommending acceptance
of the Gazebo property from RNV Dubuque, LLC
(developers of the McGraw-Hill facility) and
approval of a plat incorporating the gazebo
property into the John G. Bergfeld Recreation
Area at the Dubuque Industrial Center West,
presented and read. Buol moved that the
communication be received and filed. Seconded
by Markham. Motion carried 7-0.
RESOLUTION NO. 386-02
A RESOLUTION ACCEPTING A CONVEY-
ANCE OF PROPERTY ON CHAVENELLE
ROAD (LOT 2-5 OF DUBUQUE INDUSTRIAL
CENTER WEST) TO THE CITY OF DUBUQUE,
IOWA.
Whereas, the City of Dubuque entered into a
Development Agreement with Ruscilli
Development Co, LTD (now known as R/VV
Dubuque, LLC) on October 15, 2001 pursuant to
which R/W Dubuque, LLC agreed to convey an
easement area now known as Lot 2-5 of
Dubuque Industrial Center West in the City of
Dubuque, Iowa, as shown on the Plat of Survey
thereof, and
Whereas, R/W Dubuque, LLC has executed a
conveyance of said property.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of
Dubuque, Iowa, hereby approves of, accepts
and consents to the Quit Claim Deed from R/VV
Dubuque, LLC, a copy of which is attached
hereto, as required by Iowa Code Section 569.7.
Section 2. The Mayor is hereby authorized
and directed to execute and acknowledge on
behalf of the City of Dubuque any instruments in
connection herewith.
Passed, approved and adopted this 5th day of
August, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
RESOLUTION NO. 387-02
RESOLUTION APPROVING PLAT OF
SURVEY OF LOT H OF DUBUQUE
INDUSTRIAL CENTER WEST
Whereas, there has been presented to the City
Council of the City of Dubuque, Iowa, a plat
dated the 25th day of July, 2002, prepared by the
City of Dubuque Engineering Division,
describing the survey of Lot H of Dubuque
Industrial Center West.
Whereas, said plat conforms to the laws and
statutes pertaining thereto.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the plat dated the 25th day of
July, 2002, prepared by the City of Dubuque
Engineering Division, relative to the real estate
hereinabove described be and the same is
hereby approved, and the Mayor and City Clerk
be and they are hereby authorized and directed
Regular Session, August 5, 2002 319
to execute said plat for and on behalf of the City
of Dubuque, Iowa.
Section 2. That the City Clerk be and is hereby
authorized and directed to file said plat and
certified copy of this resolution in the office of
the Recorder in and for Dubuque County. Iowa.
Passed, approved and adopted this 5th day of
August, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
Business Licenses:
Michalski moved to table action on The Busted
Lift liquor license for outdoor service. Seconded
by Nicholson. Carried by the following vote:
Yeas--Cline, Connors, Michalski, Nicholson.
Nays--Duggan, Markham, Buol.
RESOLUTION NO. 388-02
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the following having complied with the
provisions of law relating to the sale of
Cigarettes within the City of Dubuque, Iowa, be
granted a permit to sell Cigarettes and Cigarette
Papers within said City.
NEW
MNA Food Mart Sumbal Corp
3200 Central Ave
Passed, approved and adopted this 5th day of
August, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Nicholson moved adoption of the Resolution.
Seconded by Michalski. Carried by the following
vote: Yeas--Cline, Connors, Michalski,
Nicholson. Nays--Duggan, Markham, Buol.
RESOLUTION NO. 389-02
BEER
Whereas, applications for Beer Permits have
been submitted and filed to this Council for
approval and the same have been examined
and approved: and
Whereas, the premises to be occupied by
such applicants were inspected and found to
comply with the Ordinances of the City and have
filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be
issued the following named applicants a Beer
Permit.
CLASS "B" BEER PERMIT
(SPECIAL EVENT)
Dubuque Area Labor Management Dubuque
Area Labor Management Tent A Town Clock
Dubuque Jaycees
Dubuque Jaycees
Dubuque Jaycees
Dubuque Area Labor Management Dubuque
Area Labor Management Tent B Town Clock
Music N More Music N More
Hawthorne St
Dubuque Jaycees Tent A
Town Clock
Dubuque Jaycees Tent B
Town Clock
Dubuque Jaycees Tent C
Town Clock
Riverfest Riverfest +
(Sunday/Outdoor Sale) Town Clock
CLASS "C" BEER PERMIT
Rainbo Oil Com
(Sunday Sale)
Mulgrew Oil
(Sunday Sale)
Iowa Oil Com
(Sunday Sale)
Sumbal Corp
Kwik Stop Food Mart+
2255 Kerper
AMOCO Food Shop+
1450 Loras
IOCO Speede Shoppe #2+
2335 Universal
Sumbal Corp+
(Sunday Sale) 3200 Central
Passed, approved and adopted this 5th day of
August 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Nicholson moved adoption of the Resolution.
Seconded by Michalski. Carried by the following
vote: Yeas--Cline, Connors, Michalski,
Nicholson. Nays--Duggan, Markham, Buol.
RESOLUTION NO. 390-02
Whereas, applications for Liquor Licenses
have been submitted to this Council for approval
and the same have been examined and
approved; and
Whereas, the premises to be occupied by such
applicants were inspected and found to comply
with the State Laws and all City Ordinances
relevant thereto and they have filed proper
bonds.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be
issued the following named applicants a Liquor
License.
CLASS "C" BEER/LIQUOR LICENSE
Shannon's Bar & Grill LLC Shannon's Bar & Grill
+ (Sunday Sale) 521 E. 22nd St
Famolo of Iowa Inc. Los Aztecas Mexican
Rest+ (Sunday Sale) 2700 Dodge St
SPECIAL CLASS "C"(BW) LIQUOR
Choo Choo Charlie's Pizza Choo Choo
Charlie's Pizza+(Sunday Sale) 1895 JFK Rd
CLASS "C" BEER/LIQUOR LICENSE
(1 DAY SPECIAL OUTDOOR EVENT)
Jumpers Sports Bar/Grill Jumper's Bar
Sports Bar- Blue's Fest 2600 Dodge
Passed, approved and adopted this 5th day of
August, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
320 Regular Session, August 5, 2002
Nicholson moved adoption of the Resolution.
Seconded by Michalski. Carried by the following
vote: 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 following
Commissions:
ENVIRONMENTAL STEWARDSHIP ADVIS-
ORY COMMISSION: (One vacant 3-year term to
expire 10/1/03). Applicant: Andrea Bixler. Ms.
Bixler spoke requesting consideration for
appointment.
HISTORIC PRESERVATION COMMISSION
(Three 3-year unexpired terms) Applicant: John
E. Whalen (West 11th District). Dr. Whalen had
conveyed he could not be in attendance.
HOUSING COMMISSION (Three 3-year terms
to expire 8/17/05 - Neustadt, Swift, Vacant)
Applicant: Harry Neustadt. No one spoke.
Appointments to the following Board:
TRANSIT BOARD OF TRUSTEES (Three 3-
year terms of Enderson, Lightcap, and Sand to
expire 7/30/05) Applicants: George O.
Enderson, Joel Lightcap, Michael W. Sand.
Markham moved that Enderson, Lightcap and
Sand be reappointed to three year terms
expiring 7/30/05. Seconded by Cline. Motion
carried 7-0.
PUBLIC HEARINGS
Nicholson moved that the rules be suspended
to allow anyone present to speak. Seconded by
Michalski. Motion carried 7-0.
Vacating Petition - Portion of 12th Street:
Proof of publication on notice of hearing and City
Manager recommending that the City dispose of
interest in a portion of City-owned property at
12th Street west of Bluff Street to Greg and
Peggy Stover for the amount of $943.68, plus
publication and filing fees, presented and read.
Cline moved that the proof and communication
be received and filed. Seconded by Connors.
Motion carried 7-0.
RESOLUTION NO. 391-02
RESOLUTION DISPOSING OF CITY
INTEREST IN LOT 760A AND LOT 776B of
MCDANIEL'S SUBDIVISION, DUBUQUE,
I O WA
Whereas, pursuant to resolution and published
notice of time and place of hearing, published in
the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque,
Iowa on this 19th day of July, 2002, the City
Council of the City of Dubuque, Iowa met on the
5th day of August, 2002, at 6:30 p.m. in the
Public Library Auditorium, 360 West 11 Street,
Dubuque, Dubuque County, Iowa to consider
the proposal for the sale of real estate described
as:
Lot 760A and Lot 776B of McDaniel's
Subdivision, in the City of Dubuque, Dubuque
County, Iowa
Whereas, the City Council of the City of
Dubuque, Iowa overruled any and all objections,
oral or written to the proposal to sell such real
estate, except for easement as noted.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the sale of City of Dubuque
real property described as Lot 760A and Lot
776B of McDaniel's Subdivision in the City of
Dubuque, Iowa to Gregory Jon and Peggy E.
Stover be and the same is hereby approved for
the sum of $943.68, plus the cost of publication
and filing fees. Conveyance shall be by Quit
Claim Deed.
Section 2. The City of Dubuque reserves unto
itself a perpetual easement including the right of
ingress and egress thereto, for the purpose of
erecting, installing, constructing, reconstructing,
repairing, owning, operating, and maintaining
storm sewers as may be authorized by the City
of Dubuque, Iowa, as shown on the Plat of
Survey of Lot 760A of McDaniel's Subdivision.
Section 3. That the Mayor be authorized and
directed to execute a Quit Claim Deed, and the
City Clerk be and is hereby authorized and
directed to deliver said deed of conveyance to
Gregory Jon and Peggy E. Stover upon receipt
of the purchase price in full.
Section 4. That the City Clerk be and is hereby
authorized and directed to record a certified
copy of this resolution in the offices of the City
Assessor, Dubuque County Recorder and
Dubuque County Auditor.
Passed, approved and adopted this 5th day of
August, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
Wayne and Lynn Stewart - Rezoning Request:
Proof of publication on notice of hearing to
consider rezoning property located at 8000 Old
Highway Road from R-1 Single-Family
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.
Regular Session, August 5, 2002 321
Attorney Flint Drake, representing Wayne
Stewart, spoke in favor of the rezoning. Kevin
Kotz, 14969 Old Highway Road, Tom Mclntyre,
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 proposed 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 hearing to consider
rezoning property 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 consider 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 Cline. 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 hearing to
consider rezoning property 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, presented and read.
Cline moved that the proof be received and filed.
Seconded by Markham. Motion carried 7-0.
Tracey Wagner, Vice President of Finance for
the University of Dubuque, spoke in support of
the rezoning.
An Ordinance 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.
OFFICIAL PUBLICATION
ORDINANCE NO. 58-02
AN ORDINANCE 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.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Appendix A (the Zoning
Ordinance) of the City of Dubuque Code of
Ordinances be amended by reclassifying the
hereinafter described property from R-1 Single-
Family Residential District to ID Institutional
District and approving an amended campus plan
for the University of Dubuque, a copy of which is
attached to and made a part hereof, to wit:
Lot 3 Kuehnle Heights and to the centerline of
the adjoining public right-of-way all in the City of
Dubuque, Iowa.
Section 2. That pursuant to Iowa Code
Section 414.5(1993) and as an express
condition of amending the University of Dubuque
Institutional District, the undersigned property
owner(s) agree(s) to the following conditions, all
of which the property owner(s) further agree(s)
are reasonable and imposed to satisfy the public
needs that are caused directly by the zoning
reclassification:
A. Use Requlations.
The following regulations shall apply
to the above-described property:
1) Principal permitted uses shall be
limited to:
a) Offices for administrative personnel or
other institutional employees and affiliates [14]
b) Off-street parking and loading [NA]
c) Single-family dwelling for the housing of
institutional residents or affiliates [9]
2) Accessory uses shall be limited to all uses
customarily incidental to the principal permitted
uses in conjunction with which such accessory
uses are operated or maintained, but not to
include commercial use outside the principal
building.
3) No conditional uses shall be allowed.
B. Lot and Bulk Requlations.
Front yard setback: 20 feet
Side yard setback: 6 feet
Rear yard setback: 20% of the lot depth
Maximum height: 30 feet
C. Parking Requirements
The off-street parking requirements for the
principal permitted uses for the herein described
ID Institutional District shall be designated by a
bracket enclosed number next to the use, as
herein described:
[9] 1.5 spaces for each dwelling unit
322 Regular Session, August 5, 2002
[14] One space for each four hundred square
feet devoted to office use or one space for each
employee on the maximum shift, whichever is
greater.
D. Si.qn Regulations
The sign regulations shall be the same as that
which are allowed in the ID Institutional District
as established in Section 4-3.11 of the Zoning
Ordinance.
E. Transfer of Ownership
Transfer of ownership or lease of property in this
ID Institutional District shall include the transfer
or lease agreement a provision that the
purchaser or lessee acknowledges awareness
of the conditions authorizing the establishment
of the district.
F. Modifications
Any modifications of this Ordinance must be
approved by the City Council in accordance with
zoning reclassification proceedings of Section 6
of the Zoning Ordinance.
G. Recordinq
A copy of this ordinance shall be recorded at the
expense of the property owner(s) with the
Dubuque County Recorder as a permanent
record of the conditions accepted as part of this
reclassification approval within ten [10] days of
the adoption of this ordinance. This ordinance
shall be binding upon the undersigned and all
his/her heirs, successors and assignees.
Section 3. That the foregoing amendment has
heretofore been reviewed by the Zoning
Commission of the City of Dubuque, Iowa.
Section 4. That the foregoing amendment
shall take effect upon publication, as provided by
law.
Passed, approved, and adopted this 5th day of
August 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
ACCEPTANCE OF ORDINANCE NO. 58-02
I, Reverend Jeffery F. Bullock, President,
University of Dubuque, having read the terms
and conditions of the foregoing Ordinance No.
58-02 and being familiar with the conditions
thereof, hereby accept the same and agree to
the conditions required therein.
Dated this 5th day of August 2002.
By/si Reverend Jeffrey F. Bullock
President, University of Dubuque
Published officially in the Telegraph Herald
newspaper this 30th day of August, 2002.
Jeanne F. Schneider, City Clerk
It 8/30
Cline moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be
suspended and further moved final
consideration and passage of the Ordinance.
Seconded by Markham. Motion carried 7-0.
Lamar Advertising - Off Premise Signs Text
Amendment: Proof of publication 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
recommending 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
miscommunication as to the concept of "on-
premise signage." Attorney Mike Coyle,
representing Hyundai, stressed that the
particular 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
specifications and notice to bidders on the
receipt of bids and City Manager recommending
award of the contract to Portzen Construction,
Inc., in the amount of $464,434.43, presented
and read.
Tim Conlon, 480 Wartburg Place, spoke
requesting that no sidewalks be installed on the
east side and that the Council has petitions to
that effect, also stating there already is a
sidewalk on the west side. Dave Horstmann of
Wartburg Seminary, spoke in support of the
project but stated there is no need for the
sidewalk.
Cline moved adoption of the Resolutions.
Seconded by Nicholson. Motion failed by the
following vote: Yeas--Nicholson. Nays--Buol,
Cline, Connors, Duggan, Markham, Michalski.
RESOLUTION NO. 392-02
RESOLUTION ADOPTING
PLANS AND SPECIFICATIONS
Whereas, on the 26th day of June, 2002, plans,
specifications, form of contract and estimated
cost were filed with the City Clerk of Dubuque,
Iowa for the Wartburg Place Reconstruction
Project,
Whereas, notice of hearing on plans,
specifications, form of contract, and estimated
cost was published as required by law,
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the said plans, specifications, form of
contract and estimated cost are hereby
approved as the plans, specifications, form of
Regular Session, August 5, 2002 323
contract and estimated cost for said
improvements for said project.
Passed, adopted and approved this 5th day of
August, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Markham moved adoption of the Resolution
Adopting plans and specifications for the project,
as amended to exclude the sidewalks;
Seconded by Buol. Motion carried 7-0.
RESOLUTION NO. 393-02
AWARDING CONTRACT
Whereas, sealed proposals have been
submitted by contractors for the War[burg Place
Reconstruction Project pursuant to Resolution
No. 353-02 and notice to bidders published in a
newspaper published in the City of Dubuque,
Iowa on the 5th day of July, 2002.
Whereas, said sealed proposals were opened
and read on the 25th day of July, 2002, and it
has been determined that the bid of Por[zen
Construction, Inc. of Dubuque, Iowa, in the
amount of $464,434.42 was the lowest bid for
the furnishings of all labor and materials and
performing the work as provided for in the plans
and specifications.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the contract for the above improvement
be awarded to Portzen Construction, Inc. and
the Manager be and is hereby directed to
execute a contract on behalf of the City of
Dubuque for the complete performance of the
work.
BE IT FURTHER RESOLVED:
That upon the signing of said contract and the
approval of the contractor's bond, the City
Treasurer is authorized and instructed to return
the bid deposits of the unsuccessful bidders.
Passed, approved and adopted this 5th day of
August, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Markham moved adoption of the Resolution.
Seconded by Buol. Motion carried 7-0.
RESOLUTION NO. 394-02
RESOLUTION WITH RESPECT TO THE
ADOPTION OF THE RESOLUTION OF
NECESSITY PROPOSED FOR THE
WARTBURG RECONSTRUCTION PROJECT
Whereas, the City Council has proposed a
Resolution of Necessity for the Wartburg
Reconstruction Project has given notice of the
public hearing thereon as required by law; and
Whereas, the public hearing has been held, all
persons offering objections have been heard
and consideration given to all objections and is
pending before this Council; and
Whereas, this is the time and place set as
provided for the taking of action on the proposed
Resolution of Necessity.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed Resolution of Necessity
described above is hereby:
Adopted, without amendment, and all
objections filed or made having been
duly considered are overruled.
X Adopted as amended by the Schedule
of Assessments attached hereto as
Exhibit A, and made a part hereof by
reference. All objections filed or made
having been duly considered are
overruled.
Deferred for later consideration to a
City Council meeting to be held on the
__ day of ,2002, next at
6:30 p.m. in the Public Library
Auditorium, with jurisdiction retained for
further consideration and action at the
adjourned meeting.
Abandoned.
Passed, adopted and approved this 5th day of
August, 2002.
errance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Markham moved adoption of the Resolution.
Seconded by Buol. Motion carried 7-0.
Local Law Enforcement Block Grant Funds:
Proof of publication on notice of hearing and City
Manager recommending acceptance of the 2002
Local Law Enforcement Block Grant Funds,
presented and read. Cline moved that the proof
and communication be received and filed and
approved recommendation. Seconded by
Nicholson. Motion carried 7-0.
Michalski moved that the rules be reinstated
limiting discussion to the Council. Seconded by
Nicholson. Motion carried 7-0.
ACTION ITEMS
ArTS Dubuque: Representatives of ArTS
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, presented and read. Cline
moved that the proof be received and filed.
Seconded by Nicholson. Motion carried 7-0.
Bob Woodward spoke asking that the Arts be
included in the top 10 list of priorities to support
in the City. Geri Schaefer of the Dubuque
Museum of Art, Penny Roeder of the Dubuque
324 Regular Session, August 5, 2002
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
recommending approval of the creation of a Ken
Kringle Historic Preservation Award to promote
the preservation of historic buildings and
architectural resources in the community,
presented and read. Buol moved that the
communication be received and filed. Seconded
by Michalski. Motion carried 7-0.
RESOLUTION NO. 395-02
RESOLUTION APPROVING THE CREATION
OF THE KEN KRINGLE HISTORIC PRESER-
VATION AWARD
Whereas, the City Council has determined the
creation of the Ken Kringle Historic Preservation
Award promotes the preservation of historic
buildings and architectural resources in the
community.
Whereas, the award is being name after
Kenneth Kringle, who was dedicated to historic
preservation and served as a Historic
Preservation Commissioner and President of the
Bluff Street Neighborhood Association.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council does hereby
create the Ken Kringle Historic Preservation
Award to be awarded annually during Historic
Preservation Week to the best rehabilitation
project located in the historic districts.
Section 2. That Historic Preservation
Commission is hereby authorized to award the
Ken Kringle Historic Preservation Award
annually.
Passed, approved and adopted this 5th day of
August, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
Woodward Museum - 2002 Renovations
Project: City Manager recommending award of
the six construction contracts associated with
the Woodward Museum - 2002 renovations
project, presented and read. Cline moved that
the proof be received and filed. Seconded by
Nicholson. Motion carried 7-0.
RESOLUTION NO. 396-02
RESOLUTION ADOPTING
PLANS AND SPECIFICATIONS
Whereas, on the 1st of May, 2002, plans,
specifications, form of contract and estimated
cost were filed with the City Clerk of Dubuque,
Iowa for the Woodward Museum 2002
Renovations Project.
Whereas, notice of hearing on plans,
specifications, form of contract, and estimated
cost was published as required by law.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the said plans, specifications, form of
contract and estimated cost are hereby
approved as the plans, specifications, form of
contract and estimated cost for said
improvements for said project.
Passed, adopted and approved this 5th day of
August, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 397-02
AWARDING CONTRACT-
MASONRY TUCKPOINTING
Whereas, sealed proposals have been
submitted by contractors for the Woodward
Museum -2000 Renovations Project, Contract
No. 1 - Masonry Tuckpointing, pursuant to
Resolution No. 254-02 and notice to bidders
published in a newspaper published in the City
th
of Dubuque, Iowa on the 12 day of July, 2002.
Whereas, said sealed proposals were opened
and read on the 25th day of July, 2002, and it
has been determined that the bid of Alan
Jackson Tuckpointing, Inc. of Bellevue, Iowa, in
the amount of $59,499.00 was the lowest bid for
the furnishings of all labor and materials and
performing the work as provided for in the plans
and specifications.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the contract for the above improvement
be awarded to Alan Jackson Tuckpointing, Inc.
and the Manager be and is hereby directed to
execute a contract on behalf of the City of
Dubuque for the complete performance of the
work.
BE IT FURTHER RESOLVED:
That upon the signing of said contract and the
approval of the contractor's bond, the City
Treasurer is authorized and instructed to return
the bid deposits of the unsuccessful bidders.
Passed, approved and adopted this 5th day of
August, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 398-02
AWARDING CONTRACT NO. 2 -
ROOF AND GUTTERS/DOWNSPOUTS
Regular Session, August 5, 2002 325
Whereas, sealed proposals have been
submitted by contractors for the Woodward
Museum -2000 Renovations Project, Contract
No. 2 - Roof & Gutters/Downspouts, pursuant to
Resolution No. 254-02 and notice to bidders
published in a newspaper published in the City
of Dubuque, Iowa on the 12th day of July, 2002.
Whereas, said sealed proposals were opened
and read on the 25th day of July, 2002, and it
has been determined that the bid of T&K
Roofing & Sheet Metal Co. of Ely, Iowa, in the
amount of $74,246.00 was the lowest bid for the
furnishings of all labor and materials and
performing the work as provided for in the plans
and specifications.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the contract for the above improvement
be awarded to T & K Roofing & Sheet Metal Co.
and the Manager be and is hereby directed to
execute a contract on behalf of the City of
Dubuque for the complete performance of the
work.
BE IT FURTHER RESOLVED:
That upon the signing of said contract and the
approval of the contractor's bond, the City
Treasurer is authorized and instructed to return
the bid deposits of the unsuccessful bidders.
Passed, approved and adopted this day of
August, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 399-02
AWARDING CONTRACT NO. 3 -
CARPENTRY
Whereas, sealed proposals have been
submitted by contractors for the Woodward
Museum -2000 Renovations Project, Contract
No. 3 - Carpentry, pursuant to Resolution No.
254-02 and notice to bidders published in a
newspaper published in the City of Dubuque,
Iowa on the 12th day of July, 2002.
Whereas, said sealed proposals were opened
and read on the 25th day of July, 2002, and it
has been determined that the bid of Klauer
Construction Company of Dubuque, Iowa, in the
amount of $55,000.00 was the lowest bid for the
furnishings of all labor and materials and
performing the work as provided for in the plans
and specifications.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the contract for the above improvement
be awarded to Klauer Construction Company
and the Manager be and is hereby directed to
execute a contract on behalf of the City of
Dubuque for the complete performance of the
work.
BE IT FURTHER RESOLVED:
That upon the signing of said contract and the
approval of the contractor's bond, the City
Treasurer is authorized and instructed to return
the bid deposits of the unsuccessful bidders.
Passed, approved and adopted this 5TM day of
August, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 400-02
AWARDING CONTRACT NO. 4 - HVAC
Whereas, sealed proposals have been
submitted by contractors for the Woodward
Museum -2000 Renovations Project, Contract
No. 4 - HVAC, pursuant to Resolution No. 254-
02 and notice to bidders published in a
newspaper published in the City of Dubuque,
Iowa on the 12th day of July, 2002.
Whereas, said sealed proposals were opened
and read on the 25th day of July, 2002, and it
has been determined that the bid of Giese Sheet
Metal Company, Inc. of Dubuque, Iowa, in the
amount of $23,900.00 was the lowest bid for the
furnishings of all labor and materials and
performing the work as provided for in the plans
and specifications.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the contract for the above improvement
be awarded to Giese Sheet Metal Company, Inc.
and the Manager be and is hereby directed to
execute a contract on behalf of the City of
Dubuque for the complete performance of the
work.
BE IT FURTHER RESOLVED:
That upon the signing of said contract and the
approval of the contractor's bond, the City
Treasurer is authorized and instructed to return
the bid deposits of the unsuccessful bidders.
Passed, approved and adopted this 5th day of
August, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 401-02
AWARDING CONTRACT NO. 5 -
PLUMBING & SPRINKLER
Whereas, sealed proposals have been
submitted by contractors for the Woodward
Museum -2000 Renovations Project, Contract
No. 5 - Plumbing & Sprinkler, pursuant to
Resolution No. 254-02 and notice to bidders
published in a newspaper published in the City
th
of Dubuque, Iowa on the 12 day of July, 2002.
326 Regular Session, August 5, 2002
Whereas, said sealed proposals were opened
and read on the 25th day of July, 2002, and it
has been determined that the bid of Tri-State
Automatic Sprinkler of Davenport, Iowa, in the
amount of $58,464.00 was the lowest bid for the
furnishings of all labor and materials and
performing the work as provided for in the plans
and specifications.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the contract for the above improvement
be awarded to Tri-State Automatic Sprinkler and
the Manager be and is hereby directed to
execute a contract on behalf of the City of
Dubuque for the complete performance of the
work.
BE IT FURTHER RESOLVED:
That upon the signing of said contract and the
approval of the contractor's bond, the City
Treasurer is authorized and instructed to return
the bid deposits of the unsuccessful bidders.
Passed, approved and adopted this 5th day of
August, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 402-02
AWARDING CONTRACT NO. 6 -
ELECTRICAL
Whereas, sealed proposals have been
submitted by contractors for the Woodward
Museum -2000 Renovations Project, Contract
No. 6 - Electrical, pursuant to Resolution No.
254-02 and notice to bidders published in a
newspaper published in the City of Dubuque,
Iowa on the 12th day of July, 2002.
Whereas, said sealed proposals were opened
and read on the 25th day of July, 2002, and it
has been determined that the bid of Giese Sheet
Metal Company, Inc. of Dubuque, Iowa, in the
amount of $31,940.00 was the lowest bid for the
furnishings of all labor and materials and
performing the work as provided for in the plans
and specifications.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the contract for the above improvement
be awarded to Giese Sheet Metal Company, Inc.
and the Manager be and is hereby directed to
execute a contract on behalf of the City of
Dubuque for the complete performance of the
work.
BE IT FURTHER RESOLVED:
That upon the signing of said contract and the
approval of the contractor's bond, the City
Treasurer is authorized and instructed to return
the bid deposits of the unsuccessful bidders.
Passed, approved and adopted this 5th day of
August, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Outdoor Service of Alcoholic Beverages on
Public Right-of-Way: City Manager
recommending approval of criteria for use of
public right-of-way for outdoor service of
alcoholic beverages relating to long-term use of
City property, presented and read. Council
discussed this at length. Buol moved that the
communication be received and filed and
approved criteria with additional criteria
regarding litter cleanup and appropriate lease of
area to be used. Seconded by Markham.
Motion carried 7-0.
Special Event Insurance Grant: City Manager
recommending approval of proposed criteria for
a Special Event Grant Program for events held
on public right-of-way that require insurance,
presented and read. Buol moved to receive and
file the communication and approve
recommendation. Seconded by Nicholson. No
vote taken on the motion. After further
discussion, Michalski moved to table this matter
and refer to Staff to review the standards.
Seconded by Nicholson. Motion carried 7-0.
Mississippi River National Education and
Conference Center- Cascading Stairs: City
Manager requesting Council direction on the
design and height of the proposed signage on
both sides of the cascading stairs being
constructed near the Mississippi River National
Education and Conference Center, presented
and read. Cline moved that the communication
be received and filed and directed that no
lettering be done. Seconded by Buol. Motion
carried 7-0.
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, presented and
read. Nicholson moved that the communication
be received and filed and approved membership
as presented. Seconded by Cline. Motion
carried 7-0.
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
recommending that Dr. Charles Winterwood be
appointed chairperson of the Citizen Advisory
Committee to be formed as part of the project,
Regular Session, August 5, 2002 327
presented and read. Nicholson moved that the
communication be received and filed and
approved recommendation. Seconded by Cline.
Carried by the following vote: Yeas--Cline,
Connors, Duggan, Markham, Michalski,
Nicholson. Nays--Buol.
Heritage Trail Extension Project: City
Manager recommending 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,
presented and read. Nicholson moved that the
communication be received and filed.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 403-02
AWARDING CONTRACT
Whereas, sealed proposals have been
submitted by contractors for the Heritage Trail
Extension - 22nd Street to Mines of Spain
Project pursuant to Resolution No. 319-02 and
notice to bidders published in a newspaper
published in the City of Dubuque, Iowa on the
21st day of June, 2002.
Whereas, said sealed proposals were opened
and read on the 16th day of July, 2002, by the
Iowa Department of Transportation (IDOT), and
it has been determined that the bid of
Tschiggfrie Excavating Company of Dubuque,
Iowa, in the amount of $609,726.65 was the
lowest bid for the furnishings of all labor and
materials and performing the work as provided
for in the plans and specifications.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the contract for the above improvement
be awarded to Tschiggfrie Excavating Company
and the Manager be and is hereby directed to
execute a contract on behalf of the City of
Dubuque for the complete performance of the
work.
Passed, approved and adopted this 5th day of
August, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Nicholson moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
Request to Purchase City-Owned Property -
Joseph Feltes: City Manager recommending
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 Stafford and Linwood
Cemetery, presented and read. Michalski moved
that the communication be received and filed.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 404-02
RESOLUTION OF INTENT TO DISPOSE OF
CITY INTEREST IN LOT 4A OF MINERAL LOT
472, DUBUQUE, IOWA
Whereas, Joseph G. Feltes has requested
purchase of Lot 4A of Mineral Lot 472: and
Whereas, the City Council of the City of
Dubuque, Iowa has determined that Lot 4A of
Mineral Lot 472 is no longer required for public
use, and that the sale of Lot 4A of Mineral Lot
472 in the City of Dubuque, Dubuque County,
Iowa should be approved.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque intends to
dispose of its interest in Lot 4A of Mineral Lot
472 in the City of Dubuque, Iowa.
Section 2. That the conveyance of Lot 4A of
Mineral Lot 472 in the City of Dubuque, Iowa
subject to easements of record to Joseph G.
Feltes be contingent upon the payment of $1,
plus publication and filing fees.
Section 3. The City Clerk is hereby authorized
and directed to cause this Resolution and a
notice to be published as prescribed by Iowa
Code Section 364.7 of a public hearing on the
City's intent to dispose of the foregoing-
described real property, to be held on the 19~h
day of August, 2002, at 6:30 o'clock p.m. at the
public library auditorium, 11th & Locust,
Dubuque, Iowa.
Passed, approved and adopted this 5th day of
August, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution
and set this for public hearing on 8/19/02 at a
meeting to commence at 6:30 P.M. in the public
library auditorium and that the City Clerk publish
notice in the manner prescribed by law.
Seconded by Nicholson. Motion carried 7-0.
Lenox Addition - Sale of City Property: City
Manager recommending that a public hearing be
set for August 19, 2002 to consider disposing of
City-owned property located in Lenox Addition to
Eric and Bonita Timmerman, presented and
read. Michalski moved that the communication
be received and filed. Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO. 405-02
RESOLUTION OF INTENT TO DISPOSE OF
CITY INTEREST IN LOT 130 OF LENOX
ADDITION, DUBUQUE, IOWA
Whereas, Eric and Bonita Timmerman have
offered to purchase Lot 130 of Lenox Addition
owned by the City: and
328 Regular Session, August 5, 2002
Whereas, the City Council of the City of
Dubuque, Iowa has determined that Lot 130 of
Lenox Addition is no longer required for public
use, and that the sale of Lot 130 of Lenox
Addition in the City of Dubuque, Dubuque
County, Iowa should be approved.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque intends to
dispose of its interest in Lot 130 of Lenox
Addition in the City of Dubuque, Iowa.
Section 2. That the conveyance of Lot 130 of
Lenox Addition in the City of Dubuque, Iowa
subject to easements of record to Eric and
Bonita Timmerman be contingent upon the
payment of $500, plus publication and filing
fees.
Section 3. The City Clerk is hereby authorized
and directed to cause this Resolution and a
notice to be published as prescribed by Iowa
Code Section 364.7 of a public hearing on the
City's intent to dispose of the foregoing-
described real property, to be held on the 19~h
day of August, 2002, at 6:30 o'clock p.m. at the
public library auditorium, 11th & Locust,
Dubuque, Iowa.
Passed, approved and adopted this 5th day of
August, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution
and set this for public hearing on 8/19/02 at a
meeting to commence at 6:30 P.M. in the public
library auditorium and that the City Clerk publish
notice in the manner prescribed by law.
Seconded by Nicholson. Motion carried 7-0.
Birch Acres - Sale of City Property: City
Manager recommending that a public hearing be
set for August 19, 2002 to consider disposing of
City-owned property located in Birch Acres to
Jeff Arensdorf, presented and read. Michalski
moved that the communication be received and
filed. Seconded by Nicholson. Motion carried 7-
0.
RESOLUTION NO. 406-02
RESOLUTION OF INTENT TO DISPOSE OF
CITY INTEREST IN LOT 3 BLOCK 9 BIRCH
ACRES AND LOT 4 BLOCK 9 BIRCH ACRES,
DUBUQUE, IOWA
Whereas, Jeff Arensdorf has offered to
purchase Lot 3 Block 9 Birch Acres and Lot 4
Block 9 Birch Acres owned by the City of
Dubuque: and
Whereas, the City Council of the City of
Dubuque, Iowa has determined that Lot 3 Block
9 Birch Acres and Lot 4 Block 9 Birch Acres are
no longer required for public use, and that the
sale of Lot 3 Block 9 Birch Acres and Lot 4 Block
9 Birch Acres in the City of Dubuque, Dubuque
County, Iowa should be approved.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque intends to
dispose of its interest in Lot 3 Block 9 Birch
Acres and Lot 4 Block 9 Birch Acres in the City
of Dubuque, Iowa.
Section 2. That the conveyance of Lot 3 Block
9 Birch Acres and Lot 4 Block 9 Birch Acres in
the City of Dubuque, Iowa subject to easements
of record to Jeff Arensdorf be contingent upon
the payment of $27,000, plus publication and
filing fees.
Section 3. The City Clerk is hereby authorized
and directed to cause this Resolution and a
notice to be published as prescribed by Iowa
Code Section 364.7 of a public hearing on the
City's intent to dispose of the foregoing-
described real property, to be held on the 19}h
day of August, 2002, at 6:30 o'clock p.m. at the
public library auditorium, 11th & Locust,
Dubuque, Iowa.
Passed, approved and adopted this 5th day of
August, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution
and set this public hearing for 8/19/02 at a
meeting to commence at 6:30 P.M. in the public
library auditorium and that the City Clerk publish
notice in the manner prescribed by law.
Seconded by Nicholson. Motion carried 7-0.
Flora Pool Painting Project- Initiate: City
Manager recommending initiation of the bidding
process for the Flora Pool Painting Project and
setting a public hearing for September 3, 2002,
presented and read. Michalski moved that the
communication be received and filed. Seconded
by Nicholson. Motion carried 7-0.
RESOLUTION NO. 407-02
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the proposed plans, specifications, form
of contract and estimated cost for the FLORA
POOL TANK PAINTING PROJECT, in the
estimated amount of $53,000, are hereby
approved and ordered filed in the office of the
City Clerk, for public inspection.
Passed, approved and adopted this 5th day of
August, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Regular Session, August 5, 2002 329
RESOLUTION NO. 408-02
FIXING DATE OF HEARING
ON PLANS AND SPECIFICATIONS
WHEREAS, the City Council of the City of
Dubuque, Iowa has given its preliminary
approval on the proposed plans, specifications,
and form of contract and placed same on file in
the office of the City Clerk for public inspection
of the FLORA POOL TANK PAINTING
PROJECT.
NOW, THEREFORE, BE IT RESOLVED, BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, that on the 3rd day of
September, 2002, a public hearing will be held
at 6:30 p.m. in the Public Library Auditorium, at
which time interested persons may appear and
be heard for or against the proposed plans and
specifications, form of contract and cost of said
improvement, and the City Clerk be and is
hereby directed to cause a notice of time and
place of such hearing to be published in a
newspaper having general circulation in the City
of Dubuque, Iowa, which notice shall be not less
than four days nor more than twenty days prior
to the day fixed for its consideration. At the
hearing, any interested person may appear and
file objections to the proposed plans,
specifications, contract, or estimated cost of the
improvement.
Passed, approved and adopted this 5th day of
August, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 409-02
ORDERING BIDS
BE IT RESOLVED BY THE COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
That the FLORA POOL TANK PAINTING
PROdECT is hereby ordered to be advertised for
bids for construction.
BE IT FURTHER RESOLVED, that the amount
of the security to accompany each bid shall be in
an amount which shall conform to the provisions
of the notice to bidders hereby approved as a
part of the plans and specifications heretofore
adopted.
That the City Clerk is hereby directed to
advertise for bids for the construction of the
improvements herein provided, to be published
in a newspaper having general circulation in the
City of Dubuque, Iowa, which notice shall not be
less than four days nor more than twenty days
prior to the receipt of said bids at 2:00 p.m. on
the 20th day of August, 2002. Bids shall be
opened and read by the City Clerk at said time
and will be submitted to the Council for final
action at 6:30 p.m. on the 3rd day of September,
2002.
Passed, approved and adopted this 5th day of
August, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
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 setting a public
hearing for September 3, 2002, presented and
read. Michalski moved that the communication
be received and filed. Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO. 410-02
PRELIMINARY APPROVAL
OF PLANS AND SPECIFICATIONS
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form
of contract and estimated cost for the West
Locust Storm Sewer Improvements Project in
the estimated amount $259,305.01 are hereby
approved and ordered filed in the office of the
City Clerk for public inspection.
Passed, adopted and approved this 5th day of
August, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 411-02
FIXING DATE OF HEARING
ON PLANS AND SPECIFICATIONS
Whereas, the City Council of the City of
Dubuque, Iowa has given its preliminary
approval on the proposed plans, specifications,
and form of contract and placed same on file in
the office of the City Clerk for public inspection
of the West Locust Storm Sewer Improvements
Project.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a public hearing will be held on the 3rd
day of September, 2002, 2002, at 6:30 p.m. in
the Public Library Auditorium at which time
interested persons may appear and be heard for
or against the proposed plans and
specifications, form of contract and cost of said
improvement, and the City Clerk be and is
hereby directed to cause a notice of time and
place of such hearing to be published in a
newspaper having general circulation in the City
of Dubuque, Iowa, which notice shall be not less
than four days nor more than twenty days prior
to the day fixed for its consideration. At the
330 Regular Session, August 5, 2002
hearing, any interested person may appear and
file objections to the proposed plans,
specifications, contract, or estimated cost of the
improvement.
Passed, adopted and approved this 5th day of
August, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne, F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 412-02
ORDERING BIDS
NOW THEREFORE, BE IT RESOLVED BY
THE COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the West Locust Storm Sewer
Improvements Project is hereby ordered to be
advertised for bids for construction.
BE IT FURTHER RESOLVED, that the amount
of the security to accompany each bid shall be in
an amount which shall conform to the provisions
of the Notice to Bidders hereby approved as a
part of the plans and specifications heretofore
adopted.
That the City Clerk is hereby directed to
advertise for bids for the construction of the
improvements herein provided, to be published
in a newspaper having general circulation in the
City of Dubuque, Iowa, which notice shall not be
less than four days nor more than forty-five days
prior to the receipt of said bids at 2:00 p.m. on
the 21st day of August, 2002. Bids shall be
opened and read by the City Clerk at said time
and will be submitted to the Council for final
action at 6:30 p.m. on the 3® day of September,
2002.
Passed, adopted and approved this 5th day of
August, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Ice Harbor West Road / Walk Construction
Project: City Manager recommending initiation
of the bidding process for the Ice Harbor West
Road / Walk Construction Project and setting a
public hearing for September 16, 2002,
presented and read. Michalski moved adoption
of the Resolution. Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO. 413-02
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form
of contract and estimated cost for the Ice Harbor
West Road and Trail Project, in the estimated
amount $1,847,870.35 are hereby approved and
ordered filed in the office of the City Clerk for
public inspection.
Passed, adopted and approved this 5th day of
August, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 414-02
FIXING DATE OF HEARING
ON PLANS AND SPECIFICATIONS
Whereas, the City Council of the City of
Dubuque, Iowa has given its preliminary
approval on the proposed plans, specifications,
and form of contract and placed same on file in
the office of the City Clerk for public inspection
of the Ice Harbor West Road and Trail Project.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a public hearing will be held on the 16th
day of September, 2002, at 6:30 p.m. in the
Public Library Auditorium at which time
interested persons may appear and be heard for
or against the proposed plans and
specifications, form of contract and cost of said
improvement, and the City Clerk be and is
hereby directed to cause a notice of time and
place of such hearing to be published in a
newspaper having general circulation in the City
of Dubuque, Iowa, which notice shall be not less
than four days nor more than twenty days prior
to the day fixed for its consideration. At the
hearing, any interested person may appear and
file objections to the proposed plans,
specifications, contract, or estimated cost of the
improvement.
Passed, adopted and approved this 5th day of
August, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne, F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 415-02
ORDERING BIDS
NOW THEREFORE, BE IT RESOLVED BY
THE COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the Ice Harbor West Road and Trail
Project is hereby ordered to be advertised for
bids for construction.
BE IT FURTHER RESOLVED, that the amount
of the security to accompany each bid shall be in
an amount which shall conform to the provisions
of the Notice to Bidders hereby approved as a
part of the plans and specifications heretofore
adopted.
That the City Clerk is hereby directed to
advertise for bids for the construction of the
Regular Session, August 5, 2002 331
improvements herein provided, to be published
in a newspaper having general circulation in the
City of Dubuque, Iowa, which notice shall not be
less than four days nor more than forty-five days
prior to the receipt of said bids at 2:00 p.m. on
the 5th day of September, 2002. Bids shall be
opened and read by the City Clerk at said time
and will be submitted to the Council for final
action at 6:30 p.m. on the 16th day of
September, 2002.
Passed, adopted and approved this 5th day of
August, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
There being no further business, Nicholson
moved to adjourn. Seconded by Michalski.
Motion carried 7-0. The meeting adjourned at
10:14 P.M.
/s/Jeanne F. Schneider, CMC
City Clerk
It 8/14
Approved:
Adopted:
Mayor
Council Members
Attest:
City Clerk
2002
2002
332 Regular Session, August 19, 2002
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session, August 19,
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, Assistant City Manager Cindy
Steinhauser, Corporation Counsel Barry Lindahl.
Absent: City Manager Michael Van Milligen
Mayor Duggan read the call and stated this is
the regular session of the City Council called for
the purpose of acting upon such business which
may properly come before the City Council.
Invocation was given by Father Lyle
Wilgenbusch, Pastor, St. Joseph the Worker
Church.
Proclamation: Tour de Dubuque Day (August
24, 2002) received by Mike Martin, Hospice of
Dubuque and Kevin Pike of the Custom Riders
for Hospice of Dubuque.
CONSENT ITEMS
Minutes Submitted: Airport Commission of
7/29; City Council of 8/5; Housing Trust Fund
Committee of 7/30; Human Rights Commission
of 7/8; Investment Oversight Advisory
Commission of 7/25, presented and read. Buol
moved that the minutes be received and filed.
Seconded by Michalski. Motion carried 7-0.
Proof of publication of City Council
Proceedings of 7/15 and 7/23 and Municipal
Housing Agency of 7/15, presented and read.
Buol moved that the proofs be received and
filed. Seconded by Michalski. Motion carried 7-
0.
Printed Council Proceedings for May, 2002,
presented and read. Buol moved that the
proceedings be approved as printed. Seconded
by Michalski. Motion carried 7-0.
Finance Director submitting the City of
Dubuque Financial Reports for the month ending
July 31, 2002, presented and read. Buol moved
that the communication and reports be received
and filed. Seconded by Michalski. Motion
carried 7-0.
Substance Abuse Services Center Fourth
Quarter Report, presented and read. Buol
moved that the report be received and filed.
Seconded by Michalski. Motion carried 7-0.
Notice of Claims/Suits: Dan Junk in estimated
amount of $220 for vehicle damage; Wells Fargo
Home Mortgage vs. City of Dubuque et al,
presented and read. Buol moved that the
claims and suits be referred to the Legal Staff
for investigation and report. Seconded by
Michalski. Motion carried 7-0.
Corporation Counsel advising that the
following claim has been referred to Public Entity
Risk Services of Iowa, the agent for the Iowa
Communities Assurance Pool: Marge Oglesby
for personal injury, presented and read. Buol
moved that the communication be received and
filed and concurred. Seconded by Michalski.
Motion carried 7-0.
Corporation Counsel recommending
settlement of the claim of Carl Till for property
damage and that the Finance Director issue
payment, presented and read. Buol moved that
the communication be received and filed and
directed Finance Director to issue proper
payment. Seconded by Michalski. Motion
carried 7-0.
Voluntary Annexation Request: Request of
Jack Borchers, Chair of Trustees for Grandview
Avenue United Methodist Church, requesting the
voluntary annexation of a 26.398 acre parcel of
property to the City of Dubuque, presented and
read. Buol moved that the communication be
received and filed and referred to the City
Manager. Seconded by Michalski. Motion
carried 7-0.
Cable Community Teleprogramming
Commission: Communication from Dave
Wanamaker advising that he will not be
renewing his position on the Cable Community
Teleprogramming Commission, presented and
read. Buol moved that the communication be
received and filed. Seconded by Michalski.
Motion carried 7-0.
Historic Preservation Priorities for City Council
Goal Setting Session: Communication from the
Historic Preservation Commission requesting
that the City Council consider various historic
preservation priorities at the August goal setting
session, presented and read. Buol moved that
the communication be received and filed.
Seconded by Michalski. Motion carried 7-0.
Plat of Survey - West Ridge Third Addition:
Zoning Advisory Commission recommending
approval of the Plat of Survey of Lot 1 and Lot A
of West Ridge Third Addition, a Division of Lot 1-
12, inclusive, and Lot 13-A of West Ridge
Regular Session, August 19, 2002 333
Second Addition at the request of Larry Miller,
presented and read. Buol moved that the
communication be received and filed. Seconded
by Michalski. Motion carried 7-0.
RESOLUTION NO. 416-02
RESOLUTION APPROVING THE PLAT OF
SURVEY OF LOT 1 AND LOT A OF WEST
RIDGE THIRD ADDITION, A DIVISION OF LOT
1-12, INCLUSIVE, AND LOT 13-A OF WEST
RIDGE SECOND ADDITION IN THE CITY OF
DUBUQUE, IOWA
Whereas, there has been filed with the City
Clerk a Plat of Survey of Lot 1 and Lot A of West
Ridge Third Addition, a Division of Lot 1-12,
Inclusive, and Lot 13-A of West Ridge Second
Addition, in the City of Dubuque, Iowa and
Whereas, said plat provides Lot A with 0 feet
of lot frontage, where 50 feet is required by
Section 42-19(b) of the Subdivision Regulations;
and
Whereas, said plat of survey has been
examined by the Zoning Advisory Commission
and had its approval endorsed thereon; and
Whereas, said plat of survey has been
examined by the City Council and they find that
it conforms to the statutes and ordinances
relating thereto.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Section 42-19(b) of the
Subdivision Regulations is waived to allow Lot A
with 0 feet of lot frontage, where 50 feet is
required.
Section 2. That the Plat of Survey of Lot 1 and
Lot A of West Ridge Third Addition, a Division of
Lot 1-12, Inclusive, and Lot 13-A of West Ridge
Second Addition is hereby approved, and the
Mayor and City Clerk are hereby authorized and
directed to endorse the approval of the City of
Dubuque, Iowa upon said final plat.
Passed, approved and adopted this 19th day of
August 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
Downtown Master Plan: City Manager
recommending approval of a grant application to
the Iowa Department of Economic Development
in the amount of $25,000 for preparation of a
Downtown Master Plan, presented and read.
Buol moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
Dave Rusk, member of the Long Range
Planning Commission and Downtown Planning
Committee, spoke in full support of the grant
application and gave history of the fund raising.
RESOLUTION NO. 417-02
RESOLUTION AUTHORIZING IOWA DEPART-
MENT OF ECONOMIC DEVELOPMENT
GRANT APPLICATION FOR DOWNTOWN
MASTER PLAN
Whereas, the City Council has made creation
of a Downtown Master Plan a priority; and
Whereas, the City Council has allocated
$50,000 towards this project; and
Whereas, the Iowa Department of Economic
Development (IDED) has invited the City of
Dubuque to apply for a grant from the IDED's
Community Development Fund for this project.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Downtown Planning Committee
heretofore has reviewed this grant application.
Section 2. The Mayor is hereby authorized to
sign the IDED grant application for creation of
the Downtown Master Plan on behalf of the City
of Dubuque.
Passed, approved and adopted this 19th day of
August, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
Fiscal Year 2003 Budget Amendment -
Human Rights Department: City Manager
recommending approval of an amendment to the
Human Rights Department's Fiscal Year 2003
budget to reflect the receipt of HUD contract
amounts, presented and read. Buol moved that
the communication be received and filed and
approved recommendation. Seconded by
Michalski. Motion carried 7-0.
Irrevocable License - 2900 Jackson: City
Manager recommending approval of a right-of-
way encroachment request from Carole A. Swift,
2900 Jackson, to enclose an existing exterior
stairway on the 29th Street side of her building,
presented and read. Buol moved that the
communication be received and filed and
approved recommendation. Seconded by
Michalski. Motion carried 7-0.
Citizen Communication: Communication from
Rich Wallace, District Manager for American
Family Insurance, regarding free parking
downtown on weekends, presented and read.
Buol moved that the communication be received
and filed. Seconded by Connors. Motion carried
7-0.
Connors requested information about the
difference in revenue if free parking was offered
on Saturdays. Steinhauser explained about the
City's Courtesy Parking Ticket program.
334 Regular Session, August 19, 2002
HUD Partnership Initiative: City Manager
recommending approval of a contract between
the Human Rights Department and the Disability
Management Consulting Group, L.L.C. to
perform accessibility audits of multi-family
housing, which is a Housing and Urban
Development (HUD) partnership initiative
previously approved by Council, presented and
read. Buol moved that the communication be
received and filed and approved
recommendation. Seconded by Michalski.
Motion carried 7-0.
GIS Data Use Agreement: City Manager
recommending approval of an agreement
between the City of Dubuque and Dubuque
County for the sharing of Geographical
Information System (GIS) data, presented and
read. Buol moved that the communication be
received and filed and approved
recommendation. Seconded by Michalski.
Motion carried 7-0.
Business Licenses:
RESOLUTION NO. 418-02
BEER
Whereas, applications for Beer Permits have
been submitted and filed to this Council for
approval and the same have been examined
and approved: and
Whereas, the premises to be occupied by
such applicants were inspected and found to
comply with the Ordinances of the City and have
filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA: That the Manager be
authorized to cause to be issued the following
named applicants a Beer Permit.
CLASS "B" BEER PERMIT
Tri State Golf Center Inc. Tri State Golf
Center+ (Sunday/Outdoor Sale)1095 Cedar
Cross
CLASS "C" BEER PERMIT
Sids Beverage Store Inc.
(Sunday Sale)
Mulgrew Oil Com.
Food Shop+(Sunday Sale)
TMF Co
(Sunday Sale)
Oky Doky # 21LLC
(Sunday Sale)
Sid's Beverage+
2727 Dodge St
Asbury AMOCO
3300 Asbury St
Oky Doky # 6+
1256 Iowa St.
Oky Doky # 21+
2010 Kerper Blvd
CLASS "B" BEER (5 DAY SPECIAL EVENT)
Dubuque Jaycees Dubuque Jaycees+
(Outdoor Sale) Tent A Town Clock
Dubuque Jaycees Dubuque Jaycees+
(Outdoor Sale) Tent B Town Clock
Dubuque Jaycees Dubuque Jaycees+
(Outdoor Sale) Tent C Town Clock
Passed, approved and adopted this 19th day
of August, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
RESOLUTION NO. 419-02
Whereas, applications for Liquor Licenses
have been submitted to this Council for approval
and the same have been examined and
approved; and
Whereas, the premises to be occupied by such
applicants were inspected and found to comply
with the State Laws and all City Ordinances
relevant thereto and they have filed proper
bonds.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be
issued the following named applicants a Liquor
License
CLASS "C" BEER/LIQUOR LICENSE
Clarke College of Dubuque Clarke College+
(Sunday Sale) 1550 Clarke Dr
David Erickson Lucky 13 Tap+
(Sunday Sale) 385 E. 13th St
David Kirkpatrick Cedars Grill & Steakhouse+
(Sunday Sale) 2155 South Park
CLASS "B" WINE
TFM Co. Oky Doky # 6
1256 Iowa St
Sid's Beverage Store Sid's Beverage Store
2727 Dodge St
TFM Co. Oky Doky # 2
51 W. 32nd St
CLASS "C" (5 DAY SPECIAL EVENT)
Carlos O'Kelly's Inc. Carlos O'Kelly's
(Dragon Boat Festival) Miller-Riverview Park
Passed, approved and adopted this 19th day
of August, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
BOARDS/COMMISSIONS
Applicants are invited to address the Council
regarding their desire to serve on the following
Commissions:
Historic Preservation Commission (Three 3-
year unexpired terms); Applicant: Christopher
R. Scheopner (Cathedral District). Mr.
Scheophner spoke requesting consideration for
appointment.
Housing Commission (Three 3-year terms to
expire 8/17/05); Applicant: Floyd Schneider. No
one spoke.
Appointments to the following Commissions:
Environmental Stewardship Advisory
Commission (One vacant 3-year term to expire
Regular Session, August 19, 2002 335
10/1/03) Applicant: Andrea Bixler. Markham
moved that Andrea Bixler be appointed to the
unexpired term to expire 10/1/03. Seconded by
Buol. Motion carried 7-0.
Historic Preservation Commission (Three 3-
year unexpired terms); Applicant: John E.
Whalen (West 11th District). Michalski moved
that John E. Whalen be appointed to the W. 11th
District unexpired term which will expire 7/1/04.
Seconded by Cline. Motion carried 7-0.
Housing Commission (Three 3-year terms to
expire 8/17/05 - Neustadt, Swift, Vacant);
Applicant: Harry Neustadt. Markham moved
that Harry Neustadt be reappointed to a three
year term which will expire 8/17/05. Seconded
by Cline. Motion carried 7-0.
PUBLIC HEARINGS
Michalski moved to suspend the rules to allow
anyone present to address the Council if they so
desire. Seconded by Connors. Motion carried
7-0.
Request to Purchase City-Owned Property -
Joseph Feltes: Proof of publication on notice of
public hearing and City Manager recommending
approval of a request from Joseph G. Feltes to
purchase City-owned property located between
his property at 2616 Stafford and Linwood
Cemetery, presented and read. Markham
moved that the proof and communication be
received and filed. Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO. 420-02
RESOLUTION DISPOSING OF CITY
INTEREST IN LOT 4A OF MINERAL LOT 472,
DUBUQUE, IOWA
Whereas, pursuant to resolution and published
notice of time and place of hearing, published in
the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque,
Iowa on the 9th day of August, 2002, the City
Council of the City of Dubuque, Iowa met on the
19th day of August, 2002, at 6:30 p.m. in the
Public Library Auditorium, 360 West 11th Street,
Dubuque, Dubuque County, Iowa to consider
the proposal for the sale of real estate described
as:
Lot 4A of Mineral Lot 472, City of Dubuque,
Dubuque County, Iowa
Whereas, the City Council of the City of
Dubuque, Iowa overruled any and all objections,
oral or written to the proposal to sell such real
estate.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the sale of Lot 4A of Mineral
Lot 472 in the City of Dubuque, Iowa to Joseph
Feltes and the same is hereby approved for the
sum of $1, plus cost of publication and filing
fees. Conveyance shall be by Quit Claim Deed
subject to reservation of utility easements.
Section 2. That the Mayor be authorized and
directed to execute a Quit Claim Deed, and the
City Clerk be and is hereby authorized and
directed to deliver said deed of conveyance to
Joseph Feltes upon receipt of the purchase
price in full, and payment of publication and filing
fees.
Section 3. That the City Clerk be and is hereby
authorized and directed to record a certified
copy of this resolution in the office of the City
Assessor, Dubuque County Recorder and
Dubuque County Auditor.
Passed, approved and adopted this 19th day of
August, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Markham moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Lenox Addition - Sale of City Property: Proof
of publication on notice of public hearing and
City Manager recommending approval of the
disposal of City-owned property located in Lenox
Addition to Eric and Bonita Timmerman,
presented and read. Markham moved that the
proof and communication be received and filed.
Seconded by Nicholson. Carried by the following
vote: Yeas--Buol, Connors, Duggan, Markham,
Michalski, Nicholson, Buol. Nays--Cline.
RESOLUTION NO. 421-02
RESOLUTION DISPOSING OF CITY
INTEREST IN LOT 130 OF LENOX ADDITION,
DUBUQUE, IOWA
Whereas, pursuant to resolution and published
notice of time and place of hearing, published in
the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque,
Iowa on the 9th day of August, 2002, the City
Council of the City of Dubuque, Iowa met on the
19th day of August, 2002, at 6:30 p.m. in the
Public Library Auditorium, 360 West 11th Street,
Dubuque, Dubuque County, Iowa to consider
the proposal for the sale of real estate described
as:
Lot 130 of Lenox Addition City of Dubuque,
Dubuque County, Iowa
Whereas, the City Council of the City of
Dubuque, Iowa overruled any and all objections,
oral or written to the proposal to sell such real
estate.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the sale of Lot 130 of Lenox
Addition in the City of Dubuque, Iowa to Eric and
Bonita Timmerman and the same is hereby
approved for the sum of $500, plus cost of
publication and filing fees. Conveyance shall be
336 Regular Session, August 19, 2002
by Quit Claim Deed subject to reservation of
utility easements.
Section 2. That the Mayor be authorized and
directed to execute a Quit Claim Deed, and the
City Clerk be and is hereby authorized and
directed to deliver said deed of conveyance to
Eric and Bonita Timmerman upon receipt of the
purchase price in full and payment of publication
and filing fees.
Section 3. That the City Clerk be and is hereby
authorized and directed to record a certified
copy of this resolution in the office of the City
Assessor, Dubuque County Recorder and
Dubuque County Auditor.
Passed, approved and adopted this 19th day of
August, 2002.
Terrance M. Duggan, Mayor
Attest: ,Jeanne F. Schneider, City Clerk
Markham moved adoption of the Resolution.
Seconded by Nicholson. Carried by the
following vote: Yeas--Buol, Connors, Duggan,
Markham, Michalski, Nicholson, Buol. Nays--
Cline.
Birch Acres - Sale of City Property: Proof of
publication on notice of public hearing and City
Manager recommending approval of the
disposal of City-owned property located in Birch
Acres to Jeff Arensdorf, presented and read.
Buol moved that the proof and communication
be received and filed. Seconded by Markham.
Motion carried 7-0.
RESOLUTION NO. 422-02
RESOLUTION DISPOSING OF CITY
INTEREST IN LOT 3 BLOCK 9 BIRCH ACRES
AND LOT 4 BLOCK 9 BIRCH ACRES,
DUBUQUE, IOWA
Whereas, pursuant to resolution and published
notice of time and place of hearing, published in
the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque,
Iowa on the 9th day of August, 2002, the City
Council of the City of Dubuque, Iowa met on the
19th day of August, 2002, at 6:30 p.m. in the
Public Library Auditorium, 360 West 11th Street,
Dubuque, Dubuque County, Iowa to consider
the proposal for the sale of real estate described
as:
Lot 3 Block 9 Birch Acres and Lot 4 Block 9
Birch Acres City of Dubuque, Dubuque County,
Iowa
Whereas, the City Council of the City of
Dubuque, Iowa overruled any and all objections,
oral or written to the proposal to sell such real
estate.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the sale of City of Dubuque
real property described as Lot 3 Block 9 Birch
Acres and Lot 4 Block 9 Birch Acres in the City
of Dubuque, Iowa to Jeff Arensdorf and the
same is hereby approved for the sum of
$27,000, plus cost of publication and filing fees.
Conveyance shall be by Quit Claim Deed
subject to reservation of utility easements.
Section 2. That the Mayor be authorized and
directed to execute a Quit Claim Deed, and the
City Clerk be and is hereby authorized and
directed to deliver said deed of conveyance to
,Jeff Arensdorf upon receipt of the purchase
price in full, and payment of publication and filing
fees.
Section 3. That the City Clerk be and is hereby
authorized and directed to record a certified
copy of this resolution in the office of the City
Assessor, Dubuque County Recorder and
Dubuque County Auditor.
Passed, approved and adopted this 19th day of
August, 2002.
Terrance M. Duggan, Mayor
Attest: ,Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
Alpine Park- Planned Unit Development
Amendment: Proof of publication on notice of
hearing to consider amending the PUD Planned
Unit Development for Alpine Park community,
south of Tanzanite Drive, to allow a 12-foot by
25-foot sign and to place sidewalk along one
side of the street only and Zoning Advisory
Commission recommending approval, presented
and read. Buol moved that the proof and
communication be received and filed. Seconded
by Cline. Motion carried 7-0.
Ed Tschiggfrie spoke in favor of the proposed
Ordinance.
An Ordinance Amending Appendix A (the
Zoning Ordinance) of the City of Dubuque Code
of Ordinances by amending Ordinance No. 72-
98 establishing the PUD Planned Unit
Development District with a PR Planned
Residential Designation for Alpine Heights
Mobile Home Park by modifying requirements
for signage and installation of sidewalks,
presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 59-02
AN ORDINANCE AMENDING APPENDIX A
(THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY
AMENDING ORDINANCE NO. 72-98
ESTABLISHING THE PUD PLANNED UNIT
DEVELOPMENT DISTRICT WITH A PR
PLANNED RESIDENTIAL DESIGNATION FOR
ALPINE HEIGHTS MOBILE HOME PARK BY
MODIFYING REQUIREMENTS FOR SlGNAGE
AND INSTALLATION OF SIDEWALKS.
Regular Session, August 19, 2002 337
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Appendix A (The Zoning
Ordinance) of the City of Dubuque Code of
Ordinances is hereby amended by amending
Ordinance No. 72-98 establishing the PUD
Planned Unit Development District with a PR
Planned Residential designation for Alpine
Heights Mobile Home Park by modifying
requirements for signage and installation of
sidewalks for property legally described below,
to wit:
Lot 2-3 W ½ - NE-Sec. 11, T89N, R2E, NE-
NE-Sec. 11, T89N, R2E, Lot 3-SE-NE-Sec. 11,
T89N, R2E, Lot 2-NE-SE-Sec. 11, T89N, R2E,
Lot 3-3-W 1/2 - NE-Sec. 11, T89N, R2E and to
the center line of the adjoining public right-of-
way, all in the City of Dubuque, Iowa.
Section 2. Pursuant to Iowa Code Section
414.5 (1993), and as an express condition of the
reclassification, the undersigned property
owner(s) agree(s) to the following conditions, all
of which the property owner(s) further agree(s)
are reasonable and imposed to satisfy the public
needs that are caused directly by the zoning
reclassification:
A) Use Re.qulations
The following regulations shall apply to all uses
made of land in the above- described PUD
District:
1) Principal permitted uses shall be limited to
Mobile Home Park as permitted by Section 3-
5.5(C) of the Zoning Ordinance of the City of
Dubuque, Iowa.
2) Accessory uses shall be limited to any
such customarily incidental and subordinate to
the principal use it serves.
3) No contingency uses will be allowed.
B) Lot and Bulk Requlations
The bulk regulations in this particular PUD
District shall be as follows:
Minimum lot area: 5,000 square feet
Minimum lot frontage: 50 feet
Maximum lot coverage as a percent of lot
area: 50%
Minimum front yard setback in feet: 8 feet
Minimum side yard setback in feet: 6 feet
Minimum rear yard setback in feet: 8 feet
Maximum building height in feet: 30 feet
C) Parkin.q Requirements
The following regulations shall apply to all
parking areas in the above-described PUD:
1) The off-street parking requirements for the
principal permitted use shall be two- (2)
spaces/dwelling unit.
2) No on-street parking will be permitted in
this PUD District. The property owner shall
install signs to this effect along the street in this
PUD District.
D) Si.qn Re.qulations
1) One 300 square foot 15 feet height
development identification sign shall be allowed
on the northwest portion of the development.
2) All other signs in the PUD shall be in
accordance with the R-1 sign regulations of the
Zoning Ordinance.
E) Site Development Standards
1) Prior to any development, a final site
development plan shall be submitted in
accordance with Section 4-4 of the Zoning
Ordinance of the City of Dubuque.
2) All private streets shall be built to a 27-foot
width with curb and gutter and a 40-foot right-of-
way. Minimum cul-de-sac radius shall be 37.5
feet.
3) All outside rubbish, storage and garbage
collection areas shall be permanently screened
from view to a height of at least six (6) feet, as
set forth in Section 4-4.6(3) of the Zoning
Ordinance of the City of Dubuque, Iowa.
4) Adequate illumination shall be provided to
streets, sidewalks and all areas for vehicular and
pedestrian circulation, and shall be directed so
as not to interfere with the use and enjoyment of
adjacent properties.
5) Landscaping shall be installed as set forth
in Section 4-5.3 of the Zoning Ordinance of the
City of Dubuque, Iowa.
F) Performance Standards
The development and maintenance of uses in
this PUD District shall be established in
conformance with Section 3-5.5E of the Zoning
Ordinance and the following standards:
1) Occupancy will be limited to 115 dwelling
units until access to Iowa Highway 386 is
constructed.
2) The access to Iowa Highway 386 shall be
built and open to traffic no later than five years
after approval of this Ordinance.
3) The developer shall secure the
performance of the foregoing conditions by
providing a bond, in an amount adequate for
construction of the access to Iowa Highway 386
and the internal street system. The developer
shall provide the bond within 180 days after
approval of this Ordinance.
4) Sidewalks shall be provided along both
sides of the internal street system in Phase I and
provided along one side only in subsequent
phases.
5) The initial access to Alpine Heights Mobile
Home Park shall be from Peru Road at the
northeast corner of the property, and said
access shall be built at a minimum to City
standards for private streets. In addition, access
to Aerostar Drive shall be restricted to an
emergency access only, with said access to be
gated at the east property line of Alpine Heights
Mobile Home Park, if Aerostar Drive is
extended.
6) A storm shelter shall be constructed to
sufficient size to accommodate all the residents
338 Regular Session, August 19, 2002
of the development. Until occupancy in excess
of 115 units is authorized, the storm shelter may
be of sufficient size to accommodate only
residents of 115 units.
G) Transfer of Ownership
Transfer of ownership or lease of property in this
PUD District shall include in the transfer or lease
agreement a provision that the purchaser or
lessee acknowledges awareness of the
conditions authorizing the establishment of the
district.
H) Open Space and Recreational Areas
Those areas designated on the conceptual
development plan as "open area" shall be
maintained as open space, as defined in Section
8 of the Zoning Ordinance of the City of
Dubuque, Iowa and shall be planted with
appropriate coniferous or deciduous trees.
Section 3. A final site development plan shall
be approved by the City Planner if found to be in
conformance with the conceptual development
plan. If found to be in conformance with said
plan, the issuance of building permits shall be
permitted. Following approval of a site
development plan, no construction may take
place, except in substantial conformance with
such plan.
Passed, approved and adopted this 19th day of
August 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
ACCEPTANCE OF ORDINANCE NO. 59-02
I, Ed Tschiggfrie, representing T-Corp,
property owner, having read the terms and
conditions of the foregoing Ordinance No. 59-02
and being familiar with the conditions thereof,
hereby accept this same and agree to the
conditions required therein.
Dated in Dubuque, Iowa this 5th day of August
2002.
Ed Tschiggfrie
Published officially in the Telegraph Herald
newspaper this 26th day of August, 2002.
Jeanne F. Schneider, City Clerk
It 8/26
Buol moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be
suspended and further moved final
consideration and passage of the Ordinance.
Seconded by Cline. Motion carried 7-0.
Buol moved that the rules be reinstated limiting
discussion to the Council. Seconded by
Markham. Motion carried 7-0.
ACTION ITEMS
Kane Street - Parking Issue: Request of June
Strueber, 2806 Katrina Circle, to address the
City Council regarding parking problems on
Kane Street in the vicinity of Pine Knolls,
presented and read.
June Strueber, 2806 Katrina Circle,
representing nine families, spoke to their
request.
Communication from Donald Sisler, Principal
of Wahlert High School, requesting to be part of
any discussion of the parking problems,
presented and read.
Cline moved that the communications be
referred to the City Manager. Seconded by
Nicholson. Motion carried 7-0.
River's Edge Plaza - Amendment to Code of
Ordinances: City Manager recommending
approval of an amendment to the City of
Dubuque Code of Ordinances to prohibit
swimming adjacent to the River's Edge Plaza,
presented and read. Buol moved that the
communication be received and filed.
Seconded by Connors. Carried by the following
vote: Yeas--Buol, Connors, Duggan, Markham,
Michalski, Nicholson. Nays--Cline.
An Ordinance No. 60-02 Amending Section
10-36 Activities Prohibited by adding a new
paragraph (d) Prohibiting swimming or wading in
the waters adjacent to the Rivers Edge Plaza
and by renumbering former Paragraph (d) as
Paragraph (e); amending Section 10-23, Boat
Landing Areas; and amending Section 10-24,
Mooring Permits, presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 60-02
AN ORDINANCE AMENDING SECTION 10-36
ACTIVITIES PROHIBITED BY ADDING A NEW
PARAGRAPH (d) PROHIBITING SWIMMING
OR WADING IN THE WATERS ADJACENT TO
THE RIVERS EDGE PLAZA AND BY
RENUMBERING FORMER PARAGRAPH (d)
AS PARAGRAPH (e); AMENDING SECTION
10-23, BOAT LANDING AREAS; AND
AMENDING SECTION 10-24, MOORING
PERMITS.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Sec. 10-36 Activities Prohibited, of
the City of Dubuque Code of Ordinances, is
amended by adding thereto the following new
paragraph (d) and by renumbering former
paragraph (d) as paragraph (e).
(d) No person shall swim or wade in the
waters adjacent to the Rivers Edge Plaza.
Section 2. Sec. 10-23 Boat Landing Areas, of
the City of Dubuque Code of Ordinances is
amended to read as follows:
The City Manager shall lay off and designate
public boat landing areas along the municipally
owned waterfront for pleasure craft and
Regular Session, August 19, 2002 339
commercial vessels and mark all such public
boat landing areas with suitable signs
delineating their boundaries.
Section 3. Sec. 10-24(a), Mooring Permits, of
the City of Dubuque Code of Ordinances is
amended to read as follows:
(a) No person shall moor or cause to be
moored a vessel, float, boathouse, or other
watercraft except at public boat landings along
the waterfront of the City without first obtaining a
permit to do so.
Passed, approved and adopted this 19th day of
August 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
newspaper this 26th day of August, 2002.
Jeanne F. Schneider, City Clerk
It 8/26
Buol moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be
suspended and further moved final
consideration and passage of the Ordinance.
Seconded by Connors. Carried by the following
vote: Yeas--Buol, Connors, Duggan, Markham,
Michalski, Nicholson. Nays--Cline.
Skateboard Ordinance: City Manager
recommending approval of an amendment to the
City of Dubuque Code of Ordinances which
authorizes the City Manager to designate and
post signs in areas where skateboarding,
skating and riding bicycles and scooters are
prohibited, presented and read. Buol moved
that the communication be received and filed.
Seconded by Nicholson. Motion carried 7-0.
An Ordinance Amending Section 32-250 of the
City of Dubuque Code of Ordinances prohibiting
certain non-motorized vehicles, conveyances
and equipment in municipal parking garages or
lots and in certain other places by adding thereto
a provision authorizing the City Manager to
designate and post signs in areas where
skateboarding, skating and riding bicycles and
scooters is prohibited, presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 61-02
AMENDING SECTION 32-250 OF THE CITY
OF DUBUQUE CODE OF ORDINANCES
PROHIBITING CERTAIN NON-MOTORIZED
VEHICLES, CONVEYANCES AND
EQUIPMENT IN MUNICIPAL PARKING
GARAGES OR LOTS AND IN CERTAIN
OTHER PLACES BY ADDING THERETO A
PROVISION AUTHORIZING THE CITY
MANAGER TO DESIGNATE AND POST
SIGNS IN AREAS WHERE SKATEBOARDING,
SKATING AND RIDING BICYCLES AND
SCOOTERS IS PROHIBITED.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. City of Dubuque Code of
Ordinances Section 32-250 is hereby amended
to read as follows:
Sec. 32-250. Use of Certain Non-motorized
Vehicles, Conveyances And Equipment in
Municipal Parking Garages or Lots And In
Certain Other Places In The City.
(a) No person shall be upon and make use of
roller skates, skateboards, bicycles, or other
wheeled recreational vehicles, or conveyances
within any municipal parking garage or municipal
parking lot. This provision shall not apply to use
of a wheelchair or other similar conveyance
when used for transportation by any temporarily
or permanently handicapped person, or to a
wagon being pulled by a pedestrian at a walking
speed.
(b) No person shall use roller skates,
skateboards, wagons, or other wheeled or non-
motorized recreational vehicles, with the
exception of bicycles, upon the roadway portion
of any right of way, except that a person may
use any of the above-proscribed conveyances in
any marked or unmarked crosswalk. Any
person using any of the above-proscribed
conveyances in crossing a roadway at a place
other than a marked or unmarked crosswalk
shall be subject to the requirements set forth in
section 32-243 of this article.
(c) The City Manager is hereby authorized to
designate and post signs in areas where
skateboarding, skating and riding bicycles and
scooters is prohibited. No person shall
skateboard, skate or ride a bicycle or a scooter
in any such area.
The provisions of this section shall not apply to
the above proscribed conveyances when used
in any parade, exhibition, or gathering of
persons which has been authorized by permit
from the City Manager.
The scheduled fine for a violation of this
section shall be twenty-five dollars ($25.00).
Section 2. This ordinance shall take effect
upon publication.
Passed, approved and adopted this day 19th of
August 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
newspaper this 26th day of August, 2002.
Jeanne F. Schneider, City Clerk
It 8/26
Buol moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be
suspended and further moved final
340 Regular Session, August 19, 2002
consideration and passage of the Ordinance.
Seconded by Nicholson. Motion carried 7-0.
Installation of Parking Meters - Locust Street:
City Manager recommending elimination of the
"No Parking" zone on the east side of Locust
Street between 2nd and 3rd Streets and the
placement of parking meters along this block in
conformance with the existing parking meter
ordinance, presented and read. Buol moved
that the communication be received and filed.
Seconded by Cline. Motion carried 7-0.
An Ordinance Amending Section 32-262(d) of
the City of Dubuque Code of Ordinances,
prohibiting parking on designated streets or
portions thereof by deleting a portion of Locust
Street, presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 62-02
AN ORDINANCE AMENDING SECTION 32-
262 (d) OF THE CITY OF DUBUQUE CODE OF
ORDINANCES, PROHIBITING PARKING ON
DESIGNATED STREETS OR PORTIONS
THEREOF BY DELETING A PORTION OF
LOCUST STREET
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Code of Ordinances of the
City of Dubuque, Iowa, be amended by deleting
from Subsection (d) of Section 32-262 the
following:
Locust Street, both sides, from West Second
Street to West Third Street.
Section 2. That the Code of Ordinances of the
City of Dubuque, Iowa is amended by adding to
Subsection (d) of Section 32-262 the following:
Locust Street, west side, from West Second
Street to West Third Street.
Passed, approved and adopted this 19th day of
August, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Published officially in the Telegraph Herald
newspaper this 26th day of August, 2002.
Jeanne F. Schneider, City Clerk
It 8/26
Buol moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be
suspended and further moved final
consideration and passage of the Ordinance.
Seconded by Cline. Motion carried 7-0.
Embassy West Drive: City Manager
recommending that Embassy West Drive be
designated as a through street, which will allow
for the installation of stop signs at all of the
intersecting side streets, and a stop sign on
Embassy West Drive at the north intersection of
Camelot Drive and communication from Diane
Arensdorf, 3935 Creston Street, in support of the
Ordinance, presented and read. Buol moved
that the communication be received and filed.
Seconded by Connors. Motion carried 7-0.
An Ordinance Amending the Code of
Ordinances of the City of Dubuque, Iowa, by
adding Embassy West Drive to Subsection (b) of
Section 32-213 thereof providing for the
designation of through streets, presented and
read.
OFFICIAL PUBLICATION
ORDINANCE NO. 63-02
AN ORDINANCE AMENDING THE CODE OF
ORDINANCES OF THE CITY OF DUBUQUE,
IOWA, BY ADDING EMBASSY WEST DRIVE
TO SUBSECTION (b) OF SECTION 32-213
THEREOF PROVIDING FOR THE
DESIGNATION OF THROUGH STREETS
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Code of Ordinances of the
City of Dubuque, Iowa be amended by adding
Embassy West Drive to Subsection (b) of
Section 32-213 thereof as follows:
Sec. 32-213. Throuqh Streets.
(b)
Embassy West Drive, from the north property
line of Pennsylvania Avenue to its northerly
terminus.
Passed, approved and adopted this 19th day of
August, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
th
newspaper this 26 day of August, 2002.
Jeanne F. Schneider, City Clerk
It 8/19
Buol moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be
suspended and further moved final
consideration and passage of the Ordinance.
Seconded by Connors. Motion carried 7-0.
An Ordinance Amending the Code of
Ordinances of the City of Dubuque, Iowa, by
modifying Subsection (b) of Section 32-214
thereof providing for the addition of a stop sign
on Embassy West Drive at the northerly
intersection of Camelot Drive, presented and
read.
Regular Session, August 19, 2002 341
OFFICIAL PUBLICATION
ORDINANCE NO. 64-02
AN ORDINANCE AMENDING THE CODE OF
ORDINANCES OF THE CITY OF DUBUQUE,
IOWA, BY MODIFYING SUBSECTION (b) OF
SECTION 32-214 THEREOF PROVIDING FOR
THE ADDITION OF A STOP SIGN ON
EMBASSY WEST DRIVE AT THE
NORTHERLY INTERSECTION OF CAMELOT
DRIVE
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Code of Ordinances of the
City of Dubuque, Iowa be amended by adding
Embassy West Drive and Camelot Drive (north
intersection) to Subsection (b) of Section 32-214
thereof as follows:
Sec. 32-214. Stop Intersections.
(b)
Northbound
Embassy West Drive and Camelot Drive, north
intersection.
Passed, approved and adopted this 19th day of
August, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
th
newspaper this 26 day of August, 2002.
Jeanne F. Schneider, City Clerk
It 8/26
Buol moved that the requirement that the
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be
suspended and further moved final
consideration and passage of the Ordinance.
Seconded by Connors. Motion carried 7-0.
Consultant Selection for Downtown Master
Plan: City Manager recommending approval of
Leland Consulting Group as the consultant for
the Downtown Master Plan, presented and read.
Markham moved that the communication be
received and filed. Seconded by Connors.
Carried by the following vote: Yeas--Buol,
Connors, Duggan, Markham, Michalski,
Nicholson. Nays--Cline.
RESOLUTION NO. 423-02
RESOLUTION AUTHORIZING CONTRACT
FOR SERVICES FOR PREPARATION OF
DOWNTOWN MASTER PLAN
Whereas, the City Council has made
preparation of a Downtown Master Plan a
priority; and
Whereas, proposals for master planning
services have been requested, received and
evaluated; and
Whereas, the City Council has allocated
$50,000 towards this project.
NOW THEREFORE, BE IT RESOLVED BY
THE COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. The City Council hereby selects
the Leland Consulting Group's proposal for
preparation of the Downtown Master Plan.
Section 2. The Planning Services Manager
hereby is directed to serve as the City's project
manager and point of contact for this project.
Section 3. The Planning Services Manager
hereby is authorized to negotiate a contract for
services with Leland Consulting Group in an
amount not to exceed $98,900 subject to the
procurement of the necessary funds.
Passed, approved and adopted this 19th day of
August, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Markham moved adoption of the Resolution.
Seconded by Connors. Carried by the following
vote: Yeas--Buol, Connors, Duggan, Markham,
Michalski, Nicholson. Nays--Cline.
Dubuque Bank and Trust - Enterprise Zone
Agreement: City Manager recommending
approval of an Enterprise Zone Agreement with
the Iowa Department of Economic Development
and Dubuque Bank & Trust related to the
redevelopment of the former Walsh Store
Building, presented and read. Markham moved
that the communications be received and filed.
Seconded by Cline. Motion carried 7-0.
RESOLUTION NO. 424-02
RESOLUTION APPROVING AN ENTERPRISE
ZONE AGREEMENT BY AND AMONG THE
IOWA DEPARTMENT OF ECONOMIC
DEVELOPMENT, THE CITY OF DUBUQUE
AND DUBUQUE BANK & TRUST.
Whereas, the City of Dubuque has established
two Enterprise Zones and an Enterprise Zone
Commission; and
Whereas, the Enterprise Zone Commission on
April 25, 2002 approved the application of
Dubuque Bank & Trust for Enterprise Zone
benefits; and
Whereas, Dubuque Bank & Trust's application
was approved by the Iowa Department of
Economic Development on April 29, 2002; and
Whereas, the Iowa Department of Economic
Development has prepared and submitted for
City Council approval an agreement relating to
Enterprise Zone benefits for Dubuque Bank &
Trust a copy of which is attached hereto and by
this reference made a part hereof; and
Whereas, the City Council finds that the
proposed agreement is acceptable and
necessary to the growth and development of the
city.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
342 Regular Session, August 19, 2002
Section 1. That the Iowa Department of
Economic Development Enterprise Zone (EZ)
Program Agreement, Number 2002-EZDEV-02,
is hereby approved.
Section 2. That the Mayor is hereby
authorized and directed to execute the
Agreement on behalf of the City of Dubuque and
forward the executed copy to the Iowa
Department of Economic Development for their
approval.
Passed, approved and adopted this 19th day
of August, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Markham moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
Downtown Dubuque Transit Alternative
Analysis: City Manager recommending approval
of a contract with URS/BRW, Inc. to prepare a
Downtown Dubuque Transit Alternative Analysis
for the Port of Dubuque, presented and read.
Markham moved that the communication be
received and filed. Seconded by Michalski.
Motion carried 7-0.
RESOLUTION NO. 425-02
A RESOLUTION APPROVING THE
SELECTION OF A CONSULTANT TO
PREPARE A TRANSIT ALTERNATIVES
ANALYSIS FOR THE PORT OF DUBUQUE
AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT FOR SAID STUDY.
Whereas, the City of Dubuque, Iowa has
identified the need for redevelopment of the
city's riverfront as a top community priority; and
Whereas, the City of Dubuque, Iowa has
received a Congressional appropriation for
$197,978 through the Federal Transit
Administration to study transit alternatives in the
Port of Dubuque and its connection with
Downtown; and
Whereas, a Request for Proposals solicited
consultant services to prepare a Downtown
Dubuque Transit Alternative Analysis; and
Whereas, URS/BRW, Inc. is recommended to
complete the Analysis;
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the selection of URS/BRW,
Inc. as the consultant to prepare a Downtown
Dubuque Transit Alternatives Analysis for the
City of Dubuque is hereby approved.
Section 2. That the City Manager is hereby
authorized to execute, on behalf of the City
Council of the City of Dubuque, Iowa, a contract
with URS/BRW, Inc. for consultant services not
to exceed $247,472.23.
Passed, approved and adopted this 19th day of
August 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Markham moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
Modification to Riverwalk Design: City
Manager recommending approval of design
changes to the portion of the Riverwalk yet to be
completed in order to improve accessibility for
older persons and persons using wheelchairs,
walkers, or other mobility devices, presented
and read. Nicholson moved that the
communication be received and filed and not
approve the recommendation. Seconded by
Cline. Motion carried 7-0.
Highway 151 Corridor: Communication from
Rich Knepper, Mayor of the City of Cascade,
regarding the new Highway 151 Corridor and
requesting City support in renaming of the
highway, presented and read. Nicholson moved
that the communication be received and filed
and approved request. Seconded by Cline.
Carried by the following vote: Yeas--Buol,
Cline, Connors, Duggan, Michalski, Nicholson.
Nays--Markham
Dave Gudenkauf, a Cascade Council member,
distributed maps and spoke to the request.
COUNCIL MEMBER REPORTS
Michalski spoke of the barge tour sponsored
by the Iowa Corn Growers that she and
Assistant City Manager Cindy Steinhauser
attended.
Nicholson spoke of how well the various
activities went for the staff liaisons from
Washington DC the previous week.
ITEMS TO BE SET FOR PUBLIC HEARING
Raven Oaks - Request to Vacate: Request of
Joseph C. Weis, Arbor Glen Limited Partnership,
for the vacation of the proposed extension of
Raven Oaks Drive to allow them to proceed with
their development at the end of Raven Oaks and
City Manager recommending that a public
hearing be set for September 3, 2002 to
consider the request, presented and read.
Michalski moved that the communication be
received and filed. Seconded by Cline. Motion
carried 7-0.
RESOLUTION NO. 426-02
RESOLUTION APPROVING PLAT OF
PROPOSED VACATED PORTION OF RAVEN
OAKS DRIVE PLATTED IN OAK BROOK
DEVELOPMENT
Whereas, there has been presented to the City
Council of the City of Dubuque, Iowa, a plat
Regular Session, August 19, 2002 343
dated August 13, 2002, prepared by Egger
Engineering & Land Surveying, P.C., describing
the proposed vacated portion of Raven Oaks
Drive platted in Oak Brook Development; and
Whereas, said plat conforms to the laws and
statutes pertaining thereto.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the plat dated August 13,
2002, prepared by Egger Engineering & Land
Surveying, P.C., relative to the real estate
hereinabove described be and the same is
hereby approved, and the Mayor and City Clerk
be and they are hereby authorized and directed
to execute said plat for and on behalf of the City
of Dubuque, Iowa.
Section 2. That the City Clerk be and is hereby
authorized and directed to file said plat and
certified copy of this resolution in the office of
the Recorder in and for Dubuque County, Iowa.
Passed, approved and adopted this 19th day of
August, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
An Ordinance Vacating the portion of Raven
Oaks Drive platted in Oak Brook Development,
presented and read. No motion given on the
Ordinance.
RESOLUTION NO. 427-02
RESOLUTION OF INTENT TO DISPOSE OF
CITY INTEREST IN LOT A OF OAK BROOK
DEVELOPMENT, DUBUQUE, IOWA
Whereas, the Arbor Glen, Limited Partnership
has requested the vacating of the portion of
Raven Oaks Drive platted in Oak Brook
Development; and
Whereas, Egger Engineering & Land
Surveyors, P.C. has prepared and submitted to
the City Council a plat showing the vacated
portion of Raven Oaks Drive platted in Oak
Brook Development and assigned lot numbers
thereto, which hereinafter shall be known and
described as Lot A of Oak Brook Development
in the City of Dubuque, Iowa; and
Whereas, the City Council of the City of
Dubuque, Iowa has determined that this portion
of Raven Oaks Drive platted in Oak Brook
Development is no longer required for public
use, and vacating and sale of said portion of the
street known as Lot A of Oak Brook
Development in the City of Dubuque, Dubuque
County, Iowa should be approved.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque intends to
dispose of its interest in Lot A of Oak Brook
Development in the City of Dubuque, Iowa.
Section 2. That the conveyance of Lot A of
Oak Brook Development in the City of Dubuque,
Iowa to the Arbor Glen, Limited Partnership be
contingent upon the payment of $1.00, plus
platting, publication and filing fees, and the
execution of an agreement to provide the City of
Dubuque with a 100-year flood easement along
the northerly and easterly sides of Arbor Glen
Development, the limits of which will be
determined by design of the Carter Road
detention structure, at no cost to the City.
Section 3. That the City Clerk be and is hereby
authorized and directed to cause a notice of
intent to dispose of said real estate to be
published in the manner as prescribed by law.
th
Passed, approved and adopted this 19 day of
August, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Michalski moved adoption of the Resolution
and further set this for Hearing on 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 prescribed by law.
Seconded by Cline. Motion carried 7-0.
Five Flags Theater Projects - Roof
Replacement, Paint Exterior Fa(;ade and
Replace Front Doors: City Manager
recommending initiation of the bidding process
for the Five Flags Theater Projects (Roof
Replacement, Paint Exterior Fa(;ade, and
Replace Front Doors) and setting a public
hearing for September 16, 2002, presented and
read. Michalski moved that the communication
be received and filed. Seconded by Cline.
Motion carried 7-0.
RESOLUTION NO. 428-02
PRELIMINARY APPROVAL
OF PLANS AND SPECIFICATIONS
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the proposed plans, specifications, form
of contract and estimated cost for the FIVE
FLAGS THEATER ROOF REPLACEMENT
PROJECT, in the estimated amount of $58,000,
are hereby approved and ordered filed in the
office of the City Clerk, for public inspection.
Passed, approved and adopted this 19th day
of August, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
RESOLUTION NO. 429-02
FIXING DATE OF HEARING
ON PLANS AND SPECIFICATIONS
344 Regular Session, August 19, 2002
WHEREAS, the City Council of the City of
Dubuque, Iowa has given its preliminary
approval on the proposed plans, specifications,
and form of contract and placed same on file in
the office of the City Clerk for public inspection
of the FIVE FLAGS THEATER ROOF
REPLACEMENT PROJECT.
NOW, THEREFORE, BE IT RESOLVED, BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, that on the 16th day of
September, 2002, a public hearing will be held
at 6:30 p.m. in the Public Library Auditorium, at
which time interested persons may appear and
be heard for or against the proposed plans and
specifications, form of contract and cost of said
improvement, and the City Clerk be and is
hereby directed to cause a notice of time and
place of such hearing to be published in a
newspaper having general circulation in the City
of Dubuque, Iowa, which notice shall be not less
than four days nor more than twenty days prior
to the day fixed for its consideration. At the
hearing, any interested person may appear and
file objections to the proposed plans,
specifications, contract, or estimated cost of the
improvement.
Passed, approved and adopted this 19th day
of August, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
RESOLUTION NO. 430-02
ORDERING BIDS
BE IT RESOLVED BY THE COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
That the FIVE FLAGS THEATER ROOF
REPLACEMENT PROdECT is hereby ordered
to be advertised for bids for construction.
BE IT FURTHER RESOLVED, that the amount
of the security to accompany each bid shall be in
an amount which shall conform to the provisions
of the notice to bidders hereby approved as a
part of the plans and specifications heretofore
adopted.
That the City Clerk is hereby directed to
advertise for bids for the construction of the
improvements herein provided, to be published
in a newspaper having general circulation in the
City of Dubuque, Iowa, which notice shall not be
less than four days nor more than twenty days
prior to the receipt of said bids at 2:00 p.m. on
the 5th day of September, 2002. Bids shall be
opened and read by the City Clerk at said time
and will be submitted to the Council for final
action at 6:30 p.m. on the 16th day of
September, 2002.
Passed, approved and adopted this 19th day
of August, 2002.
Terrance M. Duggan, Mayor
Attest: ,Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
RESOLUTION NO. 431-02
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the proposed plans, specifications, form
of contract and estimated cost for the FIVE
FLAGS THEATER EXTERIOR FACADE
PAINTING PROJECT, in the estimated amount
of $91,000, are hereby approved and ordered
filed in the office of the City Clerk, for public
inspection.
Passed, approved and adopted this 19th day
of August, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
RESOLUTION NO. 432-02
FIXING DATE OF HEARING
ON PLANS AND SPECIFICATIONS
WHEREAS, the City Council of the City of
Dubuque, Iowa has given its preliminary
approval on the proposed plans, specifications,
and form of contract and placed same on file in
the office of the City Clerk for public inspection
of the FIVE FLAGS THEATER EXTERIOR
FACADE PAINTING PROJECT.
NOW, THEREFORE, BE IT RESOLVED, BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, that on the 16th day of
September, 2002, a public hearing will be held
at 6:30 p.m. in the Public Library Auditorium, at
which time interested persons may appear and
be heard for or against the proposed plans and
specifications, form of contract and cost of said
improvement, and the City Clerk be and is
hereby directed to cause a notice of time and
place of such hearing to be published in a
newspaper having general circulation in the City
of Dubuque, Iowa, which notice shall be not less
than four days nor more than twenty days prior
to the day fixed for its consideration. At the
hearing, any interested person may appear and
file objections to the proposed plans,
specifications, contract, or estimated cost of the
improvement.
Passed, approved and adopted this 19th day
of August, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
RESOLUTION NO. 433-02
ORDERING BIDS
BE IT RESOLVED BY THE COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Regular Session, August 19, 2002 345
That the FIVE FLAGS THEATER EXTERIOR
FACADE PAINTING PROJECT is hereby
ordered to be advertised for bids for
construction.
BE IT FURTHER RESOLVED, that the amount
of the security to accompany each bid shall be in
an amount which shall conform to the provisions
of the notice to bidders hereby approved as a
part of the plans and specifications heretofore
adopted.
That the City Clerk is hereby directed to
advertise for bids for the construction of the
improvements herein provided, to be published
in a newspaper having general circulation in the
City of Dubuque, Iowa, which notice shall not be
less than four days nor more than twenty days
prior to the receipt of said bids at 2:00 p.m. on
the 5th day of September, 2002. Bids shall be
opened and read by the City Clerk at said time
and will be submitted to the Council for final
action at 6:30 p.m. on the 16th day of
September, 2002.
Passed, approved and adopted this 19th day
of August, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
RESOLUTION NO. 434-02
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the proposed plans, specifications, form
of contract and estimated cost for the FIVE
FLAGS THEATER FRONT DOOR
REPLACEMENT PROJECT, in the estimated
amount of $16,000, are hereby approved and
ordered filed in the office of the City Clerk, for
public inspection.
Passed, approved and adopted this 19th day
of August, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
RESOLUTION NO. 435-02
FIXING DATE OF HEARING
ON PLANS AND SPECIFICATIONS
WHEREAS, the City Council of the City of
Dubuque, Iowa has given its preliminary
approval on the proposed plans, specifications,
and form of contract and placed same on file in
the office of the City Clerk for public inspection
of the FIVE FLAGS THEATER FRONT DOOR
REPLACEMENT PROJECT,
NOW, THEREFORE, BE IT RESOLVED, BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, that on the 16th day of
September, 2002, a public hearing will be held
at 6:30 p.m. in the Public Library Auditorium, at
which time interested persons may appear and
be heard for or against the proposed plans and
specifications, form of contract and cost of said
improvement, and the City Clerk be and is
hereby directed to cause a notice of time and
place of such hearing to be published in a
newspaper having general circulation in the City
of Dubuque, Iowa, which notice shall be not less
than four days nor more than twenty days prior
to the day fixed for its consideration. At the
hearing, any interested person may appear and
file objections to the proposed plans,
specifications, contract, or estimated cost of the
improvement.
Passed, approved and adopted this 19th day
of August, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
RESOLUTION NO. 436-02
ORDERING BIDS
BE IT RESOLVED BY THE COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
That the FIVE FLAGS THEATER FRONT
DOOR REPLACEMENT PROJECT is hereby
ordered to be advertised for bids for
construction.
BE IT FURTHER RESOLVED, that the amount
of the security to accompany each bid shall be in
an amount which shall conform to the provisions
of the notice to bidders hereby approved as a
part of the plans and specifications heretofore
adopted.
That the City Clerk is hereby directed to
advertise for bids for the construction of the
improvements herein provided, to be published
in a newspaper having general circulation in the
City of Dubuque, Iowa, which notice shall not be
less than four days nor more than twenty days
prior to the receipt of said bids at 2:00 p.m. on
the 5th day of September, 2002. Bids shall be
opened and read by the City Clerk at said time
and will be submitted to the Council for final
action at 6:30 p.m. on the 16th day of
September, 2002.
Passed, approved and adopted this 19th day
of August, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
There being no further business, Cline moved
to adjourn. Seconded by Michalski. Motion
carried 7-0. The meeting adjourned at 8:06 P.M.
/s/Jeanne F. Schneider, CMC
City Clerk
It 8/28
346 Regular Session, August 19, 2002
Approved:
Adopted:
2002
2002
Mayor
Council Members
Attest:
City Clerk
Special Session, August 27, 2002 347
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Special Session, August 27,
2002
Council met in special session at 4:10 p.m. at
Four Mounds
Present: Council Members Buol, Cline,
Connors, Markham, Michalski, Nicholson, City
Manager Michael Van Milligen, Corporation
Counsel Barry Lindahl
Mayor Duggan absent at Roll Call but arrived
at 4:40 p.m.
Mayor Pro-Tem Michalski read the call and
stated this is a special session of the City
Council called for the purpose of conducting a
goal setting session.
The City Council reviewed the previous year's
accomplishments and began to develop the
goals and priorities for the next eighteen months
to two years.
There being no further business, upon motion
meeting adjourned at 9:07 p.m.
/s/Jeanne F. Schneider, CMC
City Clerk
It 9/3
Approved:
Adopted:
Mayor
Council Members
Attest:
City Clerk
2002
2002
348 Special Session, August 29, 2002
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Special Session, August 29,
2002
Council met in special session at 4:10 p.m. at
Four Mounds
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 conducting a goal setting
session.
The City Council reviewed their Policy Agenda
for 2002 - 2004 and identified policy issues and
actions necessary for each targeted goal. The
Council established their Policy Agenda 2002 -
2004 Actions for Mayor and City Council as: Top
Priority Action Items - Air Service Strategy,
Highway 20 - Short Term Actions, America's
Riverfront Project and Development, and
Stormwater Study; High Priority Action Items-
Arts Policy and Funding, Downtown Master
Plan, Marketing Riverfront and Total
Community, Gaming Referendum, and Property
Acquisition at Riverfront; Other Priority Action
Items - Erosion Policy, School Local Option
Tax, Marketing Program- America's River, and
Brewery Project.
The City Council established the Management
Agenda for 2002 - 2004 as:
Telecommunications Strategy, Street Program
Funding, Southwest Arterial, Julien Dubuque
Bridge Plan and Design, Zoning Ordinance
Update, Vacant Property Redevelopment, River
Valley Initiative, State Grant to Extend Road to
Industrial Park, Riverfront Master Plan
Implementation, and Federal Strategies.
The City of Dubuque 2012 Vision Statement
was established as: A City of History, Beauty,
Opportunities, Excitement - Dubuque: A
Masterpiece on the Mississippi.
There being no further business, upon motion
meeting adjourned at 9:02 p.m.
It 9/11
/s/Jeanne F. Schneider
City Clerk
Approved:
Adopted:
Mayor
Council Members
Attest:
City Clerk
2002
2002