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Proof Council Min of 9 16 02Use Map: Naming EducatiOn law. Harbor received notice to of that a voted on for passage Council Meetings p districts s, presented ,y law a~d ~ 5t 1 ~02 > motion. Michalski then rved to table action on this fitter. Seconded by Buol. rried by the following vote: as —Connors, Markham, :halski, Nicholson, Buol ys—Duggan, Cline. nvestment Managers: City inager recommending proval of an additional 'estment Manager, First mmunity Trust, for City of buque funds, upon motion :eived and filed. Markham ived adoption of Resolution 498-02 Authorizing the y Manager to enter into a stodian Agreement by and Iween American Trust and ✓ings Bank and the City of buque, Iowa, and a sepa- e Investment Advisor reement by and between it Community Trust and the y of Dubuque, Iowa. ponded by Nicholson..-. Rion carried 7-0. Naming Focus Group - u cation and Conference nter: City Manager request - that the Council appoint representatives, in addi- i to the Mayor, to serve on naming focus group for the ucation and Conference ter, upon motion received_ filed and appointed until Members Cline and rkham to serve. Brewery Amphitheater - ming Opportunity: City nager recommending )roval of a request to name amphitheater in front of the )wery the Alliant Energy m ph itheater;_ mmunication from Alliant :rgy requesting that the phitheater be named the liant Energy Amphitheater" h a plaque indicating that project was in honor of yne Stoppelmoor, former :sident and Chairman of lrstate Power Company communication from Jerry_ der, Dubuque County torical Society, in support the naming of the Alliant ;rgy Amphitheater, upon tion received and filed and )roved recommendation. Code of Ordinances - eting Procedure: City nager recommending )roval of an amendment to_ Code of Ordinances to Inge the order of business I agenda of City Council etings, upon motion eived and filed. Ordinance 80-02 Amending Section O Order of Business and 3nda of the City of Dubuque le of Ordinances, present - and read. Buol moved that requirement that a pro- ved Ordinance be consid- d and voted on for passage wo Council Meetings prior he meeting at which it is to finally passed be suspend - and further moved final isideration and passage of Ordinance. Seconded by :halski. Motion carried 7-0., ITEMS TO BE SET FOR PUBLIC HEARING hady Oaks Storm Sewer - auest to Vacate: City Hager recommending that a )lic hearing be set for sober 7, 2002 to consider a uest from Ed Tschiggfrie to ate a twenty foot wide 'm sewer easement over 36 of Shady Oaks, upon tion received and filed. halski moved adoption of iolution No. 499-02 of nt to dispose of interest I vacate a twenty -foot wide .m sewer easement over 36 of Shady Oaks, iuque, Iowa and further set for public hearing o 7/02 at a meeting to corn- ice at 6:30 P.M. in the pub- ibrary auditorium and that City Clerk publish notice in manner prescribed by law. :onded by Cline. Motion led 7-0. riffany Ridge - Sale of perty: City Manager rec- n ending that a public hear - be set for October 7, 2002" :onsider the sale of a por- of City -owned property on my Ridge to the abutting aerty owners, upon motion lived and filed. Michalski red adoption of Resolution 500-02 of Intent to dis- e of City interest in Lot 1, 2, Lot 3, Lot 4, Lot 5, Lot 6_ 7, and Lot 8 of Block 4 of my ridge, Dubuque, Iowa further set this for public ring on 10/7/02 at a meet - to commence at 6:30 P.M. fie public library auditorium that the City Clerk publish ce in the manner pre- oed by law. Seconded by e. Motion carried 7-0. nAgra, Inc. Lease and Real ite Purchase: City Manager rmmending that the City Pute a Real Estate Phase Agreement with Agra, Inc. for property on Fourth Street Peninsula that a public hearing be set for October 7, 2002 to con- sider a lease agreement with ConAgra for property on the Twelfth Street Extension, upon motion received and filed. Michalski moved adoption of Resolution No. 501-02 of Intent to dispose of an interest in real property by lease agree- ment with ConAgra Foods, Inc. d/b/a/ Peavey Company and further set this for public hearing on 10/7/02 at a meet- ing to commence at 6:30 P.M. in the public library auditorium and that the City Clerk publish notice in the manner pre- scribed by law. Seconded by Cline. Motion carried 7-0. Fiscal Year 2003 Budget Amendment: City Manager recommending that a public hearing be set for October 7, 2002 to consider 'the first amendment to the Fiscal Year 2003 budget, upon motion received and filed. Michalski moved adoption of Resolution No. 502-02 Setting a public hearing for 10/7/02 at a meet- ing to commence at 6:30 P.M. in the public library auditoriu and that the City Clerk publish notice in the manner pre- scribed by law. Seconded by Cline. Motion carried 7-0. Grandview Avenue United Methodist Church - Voluntary Annexation Request: City Manager recommending that a public hearing be set for October 21, 2002 to consider a voluntary annexation request of Grandview Avenue United Methodist Church, upon motion received and filed and further set this for public hear- ing on 10/21/02 at a meeting to commence at 6:30 P.M. in the public library auditorium and that the City Clerk publish notice in the manner pre- scribed by law. Northwest Arterial Watermain Extension Project - Initiate: City Manager recommending Ehitiation of the bidding process for the Northwest Arterial Watermain Extension Project and that a public hear- ing on the plans and specifica- tions be set for October 21, 2002, upon motion received and filed. Michalski moved adoption of Resolution No. 503-02 Preliminary approval of plans and specifications; Resolution No. 504-02 Fixing date of hearing on plans and specifications and further set this for public hearing on 10/21/02 at a meeting to com- mence at 6:30 P.M. in the pub- lic library auditorium and that the City Clerk publish notice in the manner prescribed by law, and Resolution No. 505-02 Ordering bids. Seconded by Cline. Motion carried 7-0. Fourth Zone Water Tower Project - Initiate: City Manager recommending initia- tion of the bidding process for the Fourth Zone Water Tower Project and that a public hear- ing on the plans and specifica- tions be set for October 21, 2002, upon motion received and filed. Michalski moved adoption of Resolution No. 506-02 Preliminary approval of plans and specifications. Resolution No. 507-02 Fixing date of hearing on plans and specifications for and further set this for public hearing on 10/21/02 at a meeting to com- mence at 6:30 P.M. in the pub- lic library auditorium and that the City Clerk publish notice in the manner prescribed by law and Resolution No. 508-0 Ordering bids. Seconded by Cline. Motion carried 7-0. Old U.S. Highway 20 Watermain Extension Phase II Project - Initiate: City Manager recommending initiation of the bidding process for the Old U.S. Highway 20 Watermain Extension Phase II Project and that a public hearing on th- plans and specifications be set for October 21, 2002, upon motion received and filed. Michalski moved adoption of Resolution No. 509-02 Preliminary approval of plans and specifications; Resolution No. 510-02 Fixing date of hearing on plans and specifi- cations and further set this for public hearing on 10/21/02 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 and Resolution No. 511-02 Ordering bids. Seconded by Cline. Motion carried 7-0. Ice Harbor Retention Basin_ Pump Improvement Project - Initiate: City Manager recom- mending initiation of the bid- ding process for the Ice Harbor Retention Basin Pump Improvement Project and that a public hearing on the plans and specifications be set for October 21, 2002, upon motion received and filed._ Michalski moved adoption of Resolution No. 512-02 Preliminary approval of plans and specifications; Resolution No. 513-02 Fixing date of hearing on plans and specifi- cations and further set this for public hearing on 10/21/02 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 and Resolution No. 514-02 Ordering bids. Seconded by Cline. Motion carried 7-0. 2000 Sidewalk Installation Program: City Manager rec- ommending that a public hear- ing be set for October 7, 2002_ to consider a special assess- ment program for the 2000 Sidewalk Installation Program, upon motion received and filed. Michalski moved adop- tion of Resolution No. 515-02 Preliminary approval of the plans and specifications; Resolution No. 516-02 Setting the date of public hearing on the plans and specifications and further set this for public hearing on 10/7/02 at a meet- ing to commence at 6:30 P.M. in the public library auditorium and that the City Clerk publish notice in the manner pre- scribed by law; Resolution No. 517-02 of Necessity; Resolution No. 518-02 Setting the date of hearing on thel Resolution of Necessity for 10/7/02 at a meeting to com- mence at 6:30 P.M. in the pub- lic library auditorium and that the City Clerk publish notice in the manner prescribed by law; and Resolution No. 519-02 Rescinding Resolution #437- 00 and approving in lieu there-_ of a new preliminary schedule of assessments for the 2000 Sidewalk Installation Program; and Resolution No. 520-02 Ordering bids. Seconded by Cline. Motion carried 7-0. Designation of Urban Revitalization Districts: City Manager recommending that a public hearing be set for_ November 4, 2002 to consider designating the Old Main, Cathedral, and Langworthy Historic Districts as Urban Revitalization Districts, upon motion received and filed. Michalski moved adoption of Resolution No. 521-02 Finding that the designation of Old Main, Cathedral and_ Langworthy Urban Revitalization Plans are neces- sary in the interest of the pub- lic health, safety and welfare of the residents of the City of Dubuque, Iowa and providing for a public hearing thereon and further set this for public hearing on 11/4/02 at a meet- ing to commence at 6:30 P.M. -- in the public library auditorium and that the City Clerk publish notice in the manner pre- scribed by law. Seconded by Cline. Motion carried 7-0. There being no further busi- ness, upon motion meeting adjourned at 8:51 P.M. /s/ Jeanne F. Schneider, CMC City Clerk _ 1 t 9/25 STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Tammy M Feldmann, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: September 25, 2002, and for which the charge is $334.56. Subscribed to before me, a N ary Public in and for Dubuque County, Iowa, this ,m6f day of , 20 0� Notary Public in and for Dubuque County, Iowa. MARY K. WESTERMEYER Commission Number 154885 My Comm. Exp. FEB. 1, 2005 , upon ted. or City f 8/19 and,. for the 2002, • and mitting ancial nding otion Eric_ approval Of me suomission or a Hazard Mitigation Grant Program application for the purchase of six properties in the Catfish Creek floodplain area, upon motion received and filed. Buol moved adop-_ tion of Resolution No. 481-02 Designation of applicant's authorized representative and Resolution No. 482-02 Local match for the Hazard Mitigation Grant Program. Seconded by Cline. Motion carried 7-0. Liquor License Transfer: Request of John Finn to trans- fer The Busted Lift liquor license to Murphy Park on October 12, 2002, upon motion received and filed and approved recommendation. Business Licenses: Buol moved adoption of Resolution No. 483-02 Granting the issuance of a license to sell Cigarettes and Cigarette Papers within the City to Phillips 66/Arby's; Resolution No. 484-02 Granting the issuance of a Class "B" Beer Permit to .the Dubuque Jaycees; and Class "C" Beer Permit to Ron's Discount Smoke, Kwik Stop Food Mart, and Phillips 66/Arby's; Resolution No. 485-02 Granting the issuance of a Class "C" Beer/Liquor License to Fat Tuesdays, Happy's Place, Grand Tap, Main Street Caboose, Angie's Bar, One Flight Up, Busted Lift (One Day Outdoor Service - 9/28/02), Busted Lift (One Day Outdoor Service - 10/12/02); and Class "C" Liquor (BW) License to Sugar Ray's Barbeque and Colts Community Center. Seconded by Cline. Motion carried 7-0. BOARDS/COMMISSIONS Appointments to the follow- ing Commissions: Airport Commission (One 4- year term to expire 9/14/06). Applicants: Steven R. Accinelli, Evan W. Fleisher. Vote on the appointment was as follows: Buol voted for Accinelli. Cline voted for Fleisher. Connors voted for Accinelli. Duggan voted for Accinelli. Markham voted for Accinelli. Michalski voted for Fleisher. Nicholson voted for Accinelli. Therefore, Steven R. Accinelli appointed to the four year term which wit expire 9/14/06. Environmental Stewardship Advisory Commission (Two 3- • year terms to expire 10/1/05) Applicant: William L. Niemann. Upon motion William L. Niemann reappoint- ed to a three year term which will expire 10/1/05. Housing Commission (Two 3- 'year terms to expire 8/17/05). Applicant:. Thomas P. Swift, II. Upon motion Thomas P. Swift II reappointed to a three year • term which will expire 8/17/05. TV Cable Regulatory Commission (One 3-year vacant term through 6/30/04)., Applicant: Kevin Nekvinda. Upon motion Kevin Nekvinda appointed to a three year unexpired term which will expire 6/30/04. TV Cable Community Teleprogramming Commission (Two 3-year terms to expire 6/30/05 and two vacant 3-year terms through 6/30/03).. Applicant: Carol Hoverman, OSF. Upon motion Carol Hoverman, OSF reappointed to a three year term which will expire 6/30/05. PUBLIC HEARINGS Upon motion the rules were suspended to allow anyone present to speak. 2531 John F. Kennedy Road - Rezoning Request: Proof of publication on notice of hear- ing to consider rezoning prop- erty located at 2531 John F. Kennedy Road from R-1 Single -Family Residential District to C-2 Neighborhood Shopping Center District at the request of Kathy Spear and Zoning Advisory Commission recommending rezoning to ,C- 1 Neighborhood Commercial District with conditions, upon motion received and filed. Kathy Spear, applicant, spoke in favor of the proposed rezoning. An Ordinance Amending Appendix A (the Zoning Ordinance) of the City o Dubuque Code of Ordinances by reclassifying hereinafter described property located at 2531 John F. Kennedy Road from R-1 Single -Family Residential District to C-2 Neighborhood Shopping Center District, presented and read. No motion made on this Ordinance. Ordinance No. 75-02 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property ;located at 2531 John F. ,Kennedy Road from R-1 Single -Family Residential District to C-1 Neighborhood Shopping Center District, with conditions, presented and read. Michalski moved that the requirement that a pro- posed Ordinance be consid- ,. ered and voted on for passage • at two Council Meetings prior to the meeting at which it is to be finally passed be suspend- ed and further moved fins consideration and passage of the Ordinance. Seconded by ine. Motion carried 7-0. ommending approval, upon Giesen, 1600 Lori Ct., spoke The following item was motion received and filed. inviting all residents of e d from the theAgenda a a lc ant Resolution on moved No. adoption4of_ bookDubuQTo Kill Aue to ad the same Mockingbird' Re request ofPP Cityinterest in and participate in the sched- Rezone:ford Road of Request publication to DisposingtAof Oldo ezone: Proof publication Lot A Mill Place in the uled discussions at the bn notice of hearing to consid- City of Dubuque, Dubuque Library. $r rezoning property located_ County, Iowa. Seconded by Ed Tschiggfrie: Request of bn Radford Road from C-2 Nicholson. Motion carried 7- Ed Tsc chiggfrie to ega d ngaddress the Neighborhood Shopping 0. Counl ess Center District to PC Planned Alley Between Iowa Street situation at the Tower Commercial Districtofat the and Central Avenue - Patricia to Vacate: Proof of publication on motion uest Investment receivedSubdand filed a ivision, upon requestand Friedman/Radford Road on notice of hearing to consid-_ referred to the City Manager. Development and Zoning er vacating and disposing of Mr. Tschiggfrie spoke giving Advisory Commission recom- the alley lowa Street the history of the acquisition d mending Pproval; and Central Avenue from 13th TowerSudivisina Communication from Mary, Street to 14th Street to explained that when he pur- Janice Giesler requesting that Dubuque Bank and Trust and chased the property there sidewalks be installed on City Manager recommending were two access roads. Th- Radford Road along with the approval, upon motion City Council approved a final proposed rezoning; an received and filed. Cline plat for Jaeger Heights Ordinance Amending moved adoption of Resolution Subdivision which subse- Appendix A (the Zoning No. 489-02 Disposing of City_ quently caused the removal of Ordinance) of the City of interest in City Lot 449A one of the access roads to his Dubuque Code of Ordinances Dubuque, Iowa. Seconded by development. Council by reclassifying hereinafter Nicholson. Motion carried 7- Mdember Nwhthhensoa n cfinalomment- plat property located on_ 0. eimpacts an area, the Radford Road from C-2 Proposed Land Use Map: approvalP Neighborhood Shopping Proof of publication on notice adjoining property owners Center District to PUD Planned of hearing to consider the should be notified of the Unit Development District with City's Proposed Land Use action. a PC Planned Commercial Map and Long Range Planning John F. Kennedy Road - Districtdesignation. Advisory Commission recom- Removal of "No Parking" 1875 - 1895 University mending adoption to completer Restriction (First Reading on Avenue - Request to Rezone: the update of the 1995 September 3, 2002): An Proof of publication on notice Comprehensive Plan, upon Ordinance Amending Section of hearing to consider rezoning_ motion received and filed and 32-262 (d) of the City of property located at 1875 - adopted the Land Use Map Dubuque Code of Ordinances, 1895 University Avenue from update. Walt McFadden prohibiting parking on desig- C-2 Neighborhood spoke questioning the pro- nated tretro loonio s thereof Commercial District to C-2 posed use of his property. by deleting p Neighborhood Shopping Mediacom Franchise John F. Kennedy Road, pre - Center District at the request Extension: Proof of publication_ sented and read. Buol moved of Patricia Friedman/Lee on notice of hearing to consid- that this be the second reading Manor Investments, Ltd and er an additional three-month of the Ordinance. Seconded Zoning Advisory Commission lease extension of the existing by Markham. Carried by the recommending approval, with r Mediacom cable franchise and following vote: Yeas—Buol, conditions, upon motion CityManager agerrecommenodinog n Markham. Connors, Dug lsn, received and filed. approval,upon Patricia Friedman, as appli- received and filed. Ordinance Nicholson. cant, spoke in support of the No. 78-02 Extending the term Dubuque County's Proposed Ordinance. of the existing Cable Franchise Land Development Plan and Ordinance No. 76-02 Agreement and Hub Site_ Map (Tabled from September Amending Appendix A (the Lease of MCClowa, LLC to 3, 2002): Upon motion the fol- Zoning Ordinance) of the City December 31, 2002, present- lowing was removed from the of Dubuque Code of ed and read. Buol moved that table: Long Range Planning Ordinances by reclassifying_ the requirement that a pro- Commission submitting com- hereinafter described property posed Ordinance be consid- ments on Dubuque County's located at 1875 - 1895 ered and voted on for passage proposed land development University Avenue from C-1 at two Council Meetings prior plan and map and requesting Neighborhood Commercial to the meeting at which it is to City Council approval of the District to C-2 Neighborhood be finally passed be suspend- Commission's recommenda- Shopping Center District, with ed and further moved final_ tions, presented and read. conditions, presented and consideration and passage of Anna O'Shea, Zoning read. Buol moved that the the Ordinance. Seconded by Administrator for the County, requirement that a proposed Nicholson. Motion carried 7-0. spoke clarifying Council con - Ordinance be considered and.,. Ice Harbor West Road and cerns of urban sprawl. voted on for passage at two Trail Project: Proofs of publi- Nicholson moved that the Council Meetings prior to the cation on notice of hearing on communication be received meeting at which it is to be plans and specifications and and filed and to approve the finally passed be suspended notice to bidders on the recommendations of the Long and further moved final con- receipt of bids, and City Range Planning Commission. sideration and passage of the Manager recommending_ Carried by the following vote: Ordinance. Seconded by award of the contract for the Yeas —Connors, Markham, Nicholson. Motion carried 7-0. Ice Harbor West Road and . Michalski, Nicholson, Buol, Text Amendment - City of Trail Project to Tschiggfrie Cline. Nays —Duggan. . Dubuque: Proof of publication._ Excavating in the amount of • Historic Pres rvation on notice of hearing to consid- $2,171,905.67, upon motion Ordinance: isto er amending Section 5-3.4(c) received and filed. Cline Preservation Commssion rec- of the Zoning Ordinance to moved adoption of Resolution ommending approval eliminate the stipulation in a No. 490-02 Adopting plans amendments to the Historic conditional use permit that an and specifications for the pro- Preservation Ordinance to offi- applicant has six months to ject and Resolution No. 491 cially incorporate the recently obtain a building permit and to 02 Awarding contract to adopted Design Guidelines to begin construction or an occu- Tschiggfrie Excavating. ichalsi. to ades design ew rove s and d pancy permit, if required, at Seconded by add dc approval of and at land- Dubuquein the request of the City of_ Motion carried 7-0. and Zoning Advisory Five Flags Theater Projects - mark sites to the design review Commission recommending Roof Replacement, Paint process, upon motion approval, upon motion Exterior Facade and Replace received and filed. Ordinance received and filed. Ordinance Front Doors. Proofs of publi- No. 79-02 Amending Chapter No. 77-02 Amending Section cation on notice of hearing on 25 (Historic Preservation 5-3.4(c) of the Zoning plans and specifications and Ordinance) of the City of Ordinance of the City of notice to bidders on the Dubuque Code of Ordinances Dubuque Code of Ordinances receipt of bids, and City by amending Section 25-10 by extending the period of Manager recommending Standards of Review to validity for conditional use per-„ award of the contract for the include design guidelines for mits from six months to two Five Flags Theater - Roof the historic districts; by years, presented and read. Replacement, Paint Exterior amending Section 25-8 Buol moved that the require- Facade, and Front Door Alteration of Landmarks, ment that a proposed Replacement Project to Klauer Landmark Sites, and Historic Ordinance be considered and Construction Company (Roof Structures in the Historic voted on for passage at two Replacement and Replace_.. Districts to include site plan Council Meetings prior to the Front Doors) and to Fred approval, presented and read. meeting at which it is to be Jackson Tuckpointing (Paint Buol moved that the require - finally passed be suspended Exterior Facade), upon motion ment that a proposed and further moved final con- received and filed. Cline Ordinance be considered and sideration and passage of the- moved adoption of Resolution voted on for passage at two Ordinance. Seconded by No. 492-02 Adopting plans Council Meetings prior to the Nicholson. Motion carried 7- and specifications for the Roof meeting at which it is to be 0 Replacement Project; finally passed be suspended Sale of Property Along Resolution No. 493-02 and further moved final con- Rhomberg Avenue / Kimball Awarding contract to Klauer_ sideration and passage of the Street: Proof of publication on Construction Company for the Ordinance. Seconded by notice of hearing to consider a Roof Replacement Project; Nicholson. Moon carried 7-0. request from Clint Johnson, Resolution No. 494-02 t John Duccini, and Michael_ Adopting plans and specifica- Ordinance: Historic Schmalz to purchase property tions for the Paint Exterior Preservation Commission rec- along Rhomberg Avenue and a Facade Project; Resolution ommending approval of request from Michael Schmalz No. 495-02 Awarding contract amendments to the Demolition to purchase a portion of to Fred Jackson Tuckpointing District Ordinance to expand Kimball Street and City for the Paint Exterior Facade the downtown demolition dis- Manager recommending Project; Resolution No. 496 trict and establish three new approval, upon motion 02 Adopting plans and speci- demolition districts and an received and filed. Cline fications for the Replace Front Ordinance Amending Chapter moved adoption of Resolution Doors Project; Resolution No. 11 (Building Regulations) of No. 486-02 Approving the, 497-02 Awarding contract to the City of Dubuque Code of final plat of Eagle Point No. 2 Klauer Construction Company Ordinances by amending in the City of Dubuque, Iowa for the Replace Front Doors Section o 11ow(a) byighborh in and Resolution No. 487-02 Project. Seconded by Disposing of City interest in Nicholson. Motion carried 7- Demol istrict to nddireati ng presented three new Lot 31A of Eagle Point, Lot 1, 0. Lot 2, and Lot 3 of Eagle Point Upon motion the rules were and read. Buol moved that No. 2, Dubuque, Iowa. reinstated limiting discussion' the r uirem n t thabet pro- - MoSeconded by Connors. to the ACTION ITEMS ereduncil. esand voted on for passage Old carried 7-0. Old Mill Road -Vacating,_ Faces and Voices, a Cultural at two Council Meetings prior Request: Proof of publication Celebration: Request of Judy to the meeting at which it is to on notice of hearing to consid- Giesen to address the Council be finally passed be suspend- er a request from David S. to announce the One Book ed and further moved final Hartig, Jr., for the vacating and One Dubuque initiative, an all- consideration and passage of sale of a portion of Old Mill city "book club," upon motion the Ordinance. Seconded by Road and City Manager rec- received and filed. Judy_ Nicholson. No vote taken on this motion. Michalski then set for October 7, 2002 to con- Preliminary approval of plans moved to table action on this sider a lease agreement with, and specifications; Resolution matter. Seconded by Buol. ConAgra for property on the No. 513-02 Fixing date of Carried by the following vote: Twelfth Street Extension, upon hearing on plans and specifi- Yeas—Connors, Markham, motion received and filed. cations and further set this for at Nays —Duggan, NCline. Buol-. MichResolution No. 501-02lski moved n of of public meetingr to commeon nce at tmntCline. Investment Managers: City Intent to dispose of an interest 6:30 P.M. in the public library_ Manager recommending in real property by lease agree- auditorium and that the City approval of an additional ment with ConAgra Foods, Clerk publish notice in the Investment Manager, First Inc. d/b/a/ Peavey Company manner prescribed by law and Community Trust, for City of and further set this for public_ Resolution No. 514-02 Dubuque funds, upon motion hearing on 10/7/02 at a meet- Ordering bids. Seconded by received and filed. Markham ing to commence at 6:30 P.M. Cline. Motion carried 7-0. moved adoption of Resolution in the public library auditorium 2000 Sidewalk Installation No. 498-02 Authorizing the and that the City Clerk publish Program: City Manager rec- City Manager to enter into a notice in the manner pre- ommending that a public hear - Custodian Agreement by and scribed by law. Seconded by ing be set for October 7, 2002_ between American Trust and Cline. Motion carried 7-0. to consider a special assess - Savings Bank and the City of Fiscal Year 2003 Budget ment program for the 2000 Dubuque, Iowa, and a sepa- Amendment: City Manager Sidewalk Installation Program, rate Investment Advisor recommending that a public, upon motion received and Agreement by and between • hearing be set for October 7, filed. Michalski moved adop- First Community Trust and the 2002 to consider the first tion of Resolution No. o15-02 2 City of Dubuque, Iowa. amendment to the Fiscal Year eina approvale Seconded by Nicholson.,.- 2003 budget, upon motion plans Motion carried 7-0. received and filed. Michalski Resolution No. 516-02 Setting Naming Focus Group - moved adoption of Resolution the date of public hearing on_ Education and Conference No. 502-02 Setting a public the plans and specifications Center: City Manager request- hearing for 10/7/02 at a meet- and further set this for public ing that the Council appoint ing to commence at 6:30 P.M. hearing on 10/7/02 at a meet - two representatives, in addi- in the public library auditorium_ ing to commence at 6:30 P.M. tion to the Mayor, to serve on and that the City Clerk publish in the public library auditorium the naming focus group for the notice in the manner pre- and that the City Clerk publish Education and Conference scribed by law. Seconded by notice in the manner pre - Center, upon motion received,. Cline. Motion carried 7-0. scribed by law; Resolution No. and filed and appointed Grandview Avenue United 517-02 of Necessity; tombers Cline and Methodist Annexation Church RequestolunCity the odatenofohearing 2 onttthe 1 Markhamkserve. Brewery Amphitheater - Manager recommending that a Resolution of Necessity for Naming Opportunity: City public hearing be set for 10/7/02 at a meeting to com- Manager recommending October 21, 2002 to consider mence at 6:30 P.M. in the pub - approval of a request to name a voluntary annexation request lic library auditorium and that the amphitheater in front of the of Grandview Avenue United the City Clerk publish notice in Brewery the Alliant Energy Methodist Church, upon the manner prescribed by law; A m ph it h eat e r • motion received and filed and and Resolution No. 519-02 Communication from Alliant further set this for public hear- Rescinding Resolution #437- Energy requesting that the ing on 10/21/02 at a meeting 00 and approving in lieu there -- amphitheater be named the to commence at 6:30 P.M. in of a new preliminary schedule "Alliant Energy Amphitheater" the public library auditorium of assessments for the 2000 with a plaque indicating that and that the City Clerk publish Sidewalk Installation Program; the project was in honor of notice in the manner pre and Ordering lutionSeon 520-02 b2 Wayne Stoppelmoor, former scribed by law. President and Chairman of Northwest Arterial Watermain Cline. Motion carried 7-0. Interstate Power Company Extension Project - Initiate: Designation of Urban and communication from Jerry City Manager recommending Revitalization Districts: City Enzler, Dubuque County initiation of the bidding Manager recommending that a Historical Society, in support process for the Northwest public hearing be set for of the naming of the Alliant Arterial Watermain Extension November 4, 2002 to consider Energy Amphitheater, upon Project and that a public hear- designating the Old Main, motion received and filed and ing on the plans and specifica- Cathedral, and Langworthy approved recommendation. tions be set for October 21,, Historic Districts as Urban Code of Ordinances - 2002, upon motion received Revitalization Districts, upon Meeting Procedure: City and filed. Michalski moved motion received and filed. Manager recommending adoption of Resolution Michalski moverdloadoption521of approval of an amendment ter 503-02 Preliminary approval of Resolution02 the Code of Ordinances to plans and specifications; Finding that the designation of change the order of business Resolution No. 504-02 Fixing Old Main, CathedralUrand_ and agenda of City Council date of hearing on plans and Langworthy n meetings, upon motion specifications and further set Revitalization Plans are neces- received and filed. Ordinance this for public hearing on sary in the interest of the pub - No. 80-02 Amending Section 10/21/02 at a meeting to com-_ lic health, safety and welfare of 2-40 Order of Business and mence at 6:30 P.M. in the pub- the residents of the City of Agenda of the City of Dubuque tic library auditorium and that Dubuque, Iowa and providing Code of Ordinances, present- the City Clerk publish notice in for a public hearing thereon ed and read. Buol moved that_. the manner prescribed by law, and further set this for public the requirement that a pro- and Resolution No. 505-02 hearing on 11/4/02 at a meet - posed Ordinance be consid- Ordering bids. Seconded by ing to commence at 6:30 P.M-- ered and voted on for passage Cline. Motion carried 7-0. in the public library auditorium at two Council Meetings prior Fourth Zone Water Tower and that the City Clerk publish to the meeting at which it is to Project - Initiate: City notice in the manner pre - be finally passed be suspend- Manager recommending inttia scribed by law. Seconded by ed and further moved final tion of the bidding process for Cline. Motion carried 7-0. consideration and passage of the Fourth Zone Water Tower There being no further busi- the Ordinance. Seconded by Project and that a public hear- ness, upon motion meeting Michalski. Motion carried ing on the plans and specifica- adjourned at 8:51 P.M. ITEMS TO BE SET FOR tions be set for October 21, /s/ Jeanne F. Schneider, hneder, CMC PUBLIC HEARING 2002, upon motion received City Clerk Shady Oaks Storm Sewer - and filed. Michalski moved it 9/25 Request to Vacate: City adoption of Resolution No. Manager recommending that a 506-02 Preliminaryapproval of public October 7, 2002 to consider a Resolution No. be set for plans and s507-02 Fixing request from Ed Tschiggfrie to date of hearing on plans and vacate a twenty foot wide specifications for and further storm sewer easement over_ set this for public hearing on Lot 36 of Shady Oaks, upon 10/21/02 at a meeting to com- motion received and filed. mence at 6:30 P.M. in the pub - Michalski moved adoption of tic library auditorium and that Resolution No. 499-02 of the City Clerk publish notice to Intent to dispose of interest the manner prescribed by law and vacate a twenty -foot wide and Resolution No. 508-0 storm sewer easement over Ordering bids. Seconded by Lot 36 of Shady Oaks, Cline. Motion carried 7-0. Dubuque, Iowa and further set Old U.S. Highway 20 this for public hearing on Watermain Extension Phase II 10/7/02 at a meeting to com- Project - Initiate: City Manager mence at 6:30 P.M. in the pub- recommending initiation of the tic library auditorium and that bidding process for the Old the City Clerk publish notice in U.S. Highway 20 Watermain the manner prescribed by law. Extension Phase II Project and Seconded by Cline. Motion thatpd specublic ifications nth eset carried 7-0. plans Tiffany Ridge - Sale of for October 21, 2002, upon Property: City Manager rec- motion received and filed. ommending that a public hear- Michalski moved adoption of ing be set for October 7, 2002' Resolution No. 509-02 to consider the sale of a por- Preliminary approval of plans tion of City -owned property on and specifications; Resolution Tiffany Ridge to the abutting No. 510-02 Fixing date of property owners, upon motion hearing on plans and specifi- received and filed. Michalski cations and further set this for moved adoption of Resolution public hearing on 10/21/02 at No. 500-02 of Intent to dis- a meeting to commence at pose of City interest in Lot 1, 6:30 P.M. in the public library Lot 2, Lot 3, Lot 4, Lot 5, Lot 6,_ auditorium and that the City Lot 7, and Lot 8 of Block 4 of Clerk publish notice in the Tiffany ridge, Dubuque, Iowa manner prescribed by law and and further set this for public Resolution No. 511-02 hearing on 10/7/02 at a meet- Ordering bids. Seconded by ing to commence at 6:30 P.M. Cline. Motion carried 7-0. in the public library auditorium Ice Harbor Retention Basin_, and that the City Clerk publish Pump Improvement Project - notice in the manner pre- Initiate: City Manager recom- scribed by law. Seconded by mending initiation of the bid - Cline. Motion carried 7-0. _ ding process for the Ice ConAgra, Inc. Lease and Real Harbor Retention Basin Pump Estate Purchase: City Manager Improvement Project and that recommending that the City a public hearing on the plans execute a Real Estate and specifications be set for Purchase Agreement with October 21, 2002, upon ConAgra, Inc. for property on motion received and filed._ the and thatrta publict hearing be R solution adoption 512-02 nnuaf `Perfoririarrce""'gFlw for the Evaluation periodReport JulyA1, 2001 through June 30, 2002, upon motion received and filed. Buol moved adoption of Resolution No. 474-02 Authorizing the submission of a Consolidated Annual Performance and Evaluation, Report (CAPER) for the period and commencing July 1, 2002002. concluding June 30, Seconded by Cline. Motion carried 7-0. Designation of Agents to Execute Checks: City Manager recommending that the City Finance Director / Treasurer and authorized sign- ers from Alternative e Services b Concepts (ASC) granted limited authorization to sign checks for payment of self - funded workers' compensa- tion expenses, upon motion received and filed. Buol moved adoption of Resolution No. 475-02 Authorizing cer- tain designated agents of the City of Dubuque limited autho- rization to execute checks on behalf of the City of Dubuque, Iowa. Seconded by Cline. Motion carried 7-0. Civil Service Commission: Civil Service Commission sub- mitting the certified list for the positions of Police Corporal and Event Coordinator and the amended certified list for the position of Police Officer, upon motion received and filed and resolved to make a matter of record. Final Plat - Tiffany Ridge: Zoning Advisory ComiSsion othe recommending approval final plat of Lots 1 through 8 Block 4, of Tiffany Ridge, up motion received and filed. Buol moved adoption of Resolution No. 476-02 Approving the final plat of Lots 1 thru 8, Block 4 of Tiffany Ridge in the City of Dubuque, Iowa. Seconded by Cline. Motion carried 7-0. G;z,e voar nm_ Street Hnance . feport: City Manager recommending approval of the Fiscal Year 2002 Street Finance Report, upon motion received and filed. Buol moved adoption of Resolution No. 477-02 Approving the City of Dubuque Fiscal Year 2002 Street Finance Report. Seconded by Cline. Motion carried 7-0. US 20 Bridge - Right -of -Way Agreement: City Manager rec- ommending approval of an agreement between the City and the Iowa Department of Transportation for right-of-way acquisition for construction of a new US 20 bridge across the Mississippi River, upon motion received and filed. Buol moved adoption of Resolution No. 478-02 Approving agree- ment between the City of Dubuque and the Iowa Department of Transportation for right-of-way acquisition for the construction of a new US 20 bridge crossing the Mississippi River between Dubuque, Iowa and East Dubuque, Illinois. Seconded by Cline. Motion carried 7-0. Quebecor Economic Development District: City Manager recommending adoption of a Resolution of Necessity finding that the cre- ation of a new Quebecor Economic Development District is both necessary and ,- appropriate under Iowa's urban renewal statute, upon motion received and filed. Buol moved adoption of Resolution No. 479-02 of Necessity finding that property leased by Quebecor World ! Dubuque, Inc. located on CITY OF DUBUQUE, IOWA COUNCIL PROCEEDINGS nomicrdevelopment aoulevard is rean eand OFFICIAL that the redevelopment of said - City Council, Regular area is necessary in the inter - Session, September 16, 2002 est of the residents of the City Council met in Regular of Dubuque, Iowa. Seconded jSession at 6:30 P.M. in the by Cline. Motion carried 7-0. Library Auditorium Eagle Window and Door Loan Present: Mayor Duggan, Agreement: City Manager rec- Council Members Buol, Cline, ommending approval of a Connors, Markham, Michalski, Public Nicholson, City Manager Assistance Programtr(PIAP)_ Michael Van Milligen, loan agreement with Eagle Corporation Counsel Barry Window & Door, Inc. to finalize Lindahl. a project that has been under- 1 ; Mayor Duggan read the call way for over four years and to and stated this is the regular complete the City's obligations session of the City Council under its agreement with the called for the purpose of act- State of Iowa for the PIAP ing upon such business which. funds, upon motion received may properly come before the and filed. Buol moved adop- City Council. tion of Resolution No. 480-02_ Invocation was given by Authorizing the execution of a Council Member Michalski. Physical Infrastructure Proclamations: National Assistance Program (PIAP) Alcohol and Drug Addiction Loan Agreement for Six Recovery Month (September Hundred 2002) received by Denise Thousand Dollarsninet($692,000) Mead, Lynn Boffeli, and Lynn with Eagle Window & Door, Uhall; Crop Walk Day in_ Inc. Seconded by Cline. Dubuque (October 6, 2002) Motion carried 7-0. received by Marianne State Historical Society of LoGuidice; and Trick or Treat Iowa: Communication from Night (October 31, 2002). the State Historical Society of CONSENT ITEMS Minutes Submitted: Airport Commission of 8/26; City Council of 8/29 and 9/3; Civil Service Commission of 7/30 and 8/20; Park and Recreation Commission of 8/13; Zoning Iowa advising that the Ziepprecht Block Building and John Bell Block Building will be considered by the State National Register Nominations Review Committee for nomi- nation to the National Register Advisory Commission of 9/4, of Historic Places, upon_ upon motion received and motion received and filed. filed. Hazard Mitigation: City Printed Council Proceedings Manager recommending for June and July, 2002, upon approval of the submission of motion approved as printed. a Hazard Mitigation Grant Proofs of publication for City Program application for the Council Proceedings of 8/19 purchase of six properties in and List of Claims and the Catfish Creek floodplain Summary of Revenues for the area, upon motion received month ending July 31, 2002, and filed. Buol moved adop upon motion received and tion of Resolution No. 481-02 filed. Designation of applicant's Finance Director submitting authorized representative and the City of Dubuque Financial Resolution No. 482-02 Local Reports for the month ending match for the Hazard August 31, 2002, upon motion Mitigation Grant Program. received and filed. Seconded by Cline. Motion Notice of Claims/Suits: Eric carried 7-0. Liquor License Transfer: Request of John Finn to trans- fer The Busted Lift liquor license to Murphy Park on October 12, 2002, upon motion received and filed and approved recommendation. • Cline. Motion carried 7-0. The following item was emoved from the Agenda at he request of the applicant: Radford Road - Request to Rezone: Proof of publication on notice of hearinn rn ommending approval, upon motion received and filed. Markham moved adoption of Resolution No. 488-02. Disposing of City interest in Lot A of Old Mill Place in the Giesen, 1600 Lori Ct., spoke inviting all residents of Dubuque to read the same book "To Kill A Mockingbird" and participate in the sched- uled disci this motion. Michalski then moved to table action on this matter. Seconded by Buol. Carried by the following vote: Yeas —Connors, Markham, set for October 7, sider a lease agr ConAgra for pro! Twelfth Street Ext, motion rpepivp,i Sawvell for personal injury; Jerrell M. Vann for vehicle damage; Myra K. and Stanley A. Woodman vs. City of Dubuque, Iowa and Dubuque County, upon motion referred to the Legal Staff for investiga- tion and report. Corporation Counsel advising that the following claim has„ been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Jerrell Vann for vehicle dam- age, upon motion received and filed and concurred. Citizen Communications: Communication of Mark J. Sullivan expressing his appre-- ciation to the City for the installation of stop signs on Camelot Drive in Embassy West Subdivision, upon motion received and filed. Communication from Karl Stieglitz, 533 Lowell Street, regarding the new refuse dis- posal program, upon motion received and filed. Housing Commission: John L. Henning submitting his res- ignation from the Housing Commission effective immedi- ately, upon motion received and filed. Environmental Stewardship Advisory Commission: Communication from Arthur W. Sunleaf advising the_ Council that he will not be seeking reappointment to the Environmental Stewardship Advisory Commission, upon motion received and filed. Consolidated Annual Performance and Evaluation Report (CAPER): City Manager recommending approval of the Consolidated_ Annual Performance and Evaluation Report (CAPER) for the period of July 1, 2001 through June 30, 2002, upon motion received and filed. Buol moved adoption of Resolution No. 474-02 Authorizing the submission of a Consolidated Annual Performance and Evaluation, Report (CAPER) for the period commencing July 1, 2002 and concluding June 30, 2002. Seconded by Cline. Motion carried 7-0. Designation of Agents to Execute Checks: City Manager recommending that the City Finance Director / Treasurer and authorized sign-, ers from Alternative ee Services Concepts (ASC) granted limited authorization to sign checks for payment of self - funded workers' compensa- tion expenses, upon motion received and filed. Buol moved adoption of Resolution No. 475-02 Authorizing cer- tain designated agents of the City of Dubuque limited autho- rization to execute checks on behalf of the City of Dubuque, Iowa. Seconded by Cline. Motion carried 7-0. Civil Service Commission: Civil Service Commission sub- mitting the certified list for the positions of Police Corporal and Event Coordinator and the_, amended certified list for the position of Police Officer, upon motion received and filed and resolved to make a matter of record. Final Plat - Tiffany Ridge: Zoning Advisory Commission recommending approval of the final plat of Lots 1 through 8, Block 4, of Tiffany Ridge, upon _. motion received and filed. Buol moved adoption of Resolution No. 476-02 Approving the final plat of Lots 1 thru 8, Block 4 of Tiffany Ridge in the City of Dubuque, Iowa. Seconded by Cline. Motion carried 7-0. ri r' I YP.ar 2002 Street Finance Report: City Manager recommending approval of the Fiscal Year 2002 Street Finance Report, upon motion received and filed. Buol moved adoption of Resolution No. 477-02 Approving the City of Dubuque Fiscal Year 2002 Street Finance Report. Seconded by Cline. Motion carried 7-0. US 20 Bridge - Right -of -Way - Agreement: City Manager rec- ommending approval of an agreement between the City and the Iowa Department of Transportation for right-of-way acquisition for construction of a new US 20 bridge across the Mississippi River, upon motion received and filed. Buol moved adoption of Resolution No. 478-02 Approving agree- ment between the City of Dubuque and the Iowa Department of Transportation for right-of-way acquisition for the construction of a new US 20 bridge crossing the Mississippi River between Dubuque, Iowa and East_. Dubuque, Illinois. Seconded by Cline. Motion carried 7-0. Quebecor Economic Development District: City Manager recommending adoption of a Resolution of Necessity finding that the cre- ation of a new Quebecor Economic Development District is both necessary and: appropriate under Iowa's urban renewal statute, upon motion received and filed. Buol moved adoption of Resolution No. 479-02 of Necessity finding that property