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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