Proof Council Minutes 10 07 02D~?:~ o_=_
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CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular
Session, October 7, 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 act-
ing upon such business which
may properly come before the
City Council.
Invocation was given by
Joellen McCarthy, BVM,
President of the Sisters of
Charity, BVM.
Proclamations: Healthcare
Quality Week (October 13 -
19, 2002) received by John
Knox, CEO of The Finley,
Hospital; YWCA Appreciation
Month (October, 2002)
received by Jane O'Neill; and
Make A Will Month (October,
2002) received by Ken Werth.
CONSENT ITEMS
Minutes Submitted: Cable
Community Teleprogramming
Commission of 9/3 and 10/1;
City Council of 9/16;►
Community Development
Advisory Commission of 9/4;
Downtown Planning
Committee of 9/9;
Environmental Stewardship
Advisory Commission of 9/3;
Five Flags Commission of 7/22
and 7/30; Historic Preservation
Commission of 9/19; Human
Rights Commission of 8/12;_
Park and Recreation
Commission of 9/17, upon
motion received and•filed.
Proofs of publication of City
Council Proceedings for 8/27,
8/29, and 9/3, upon motion
received and filed.
Notice of Claims/Suits:
Michael Delaney for vehicle
damage; Geraldine A. Foley for
vehicle damage; Darryl Galle
for property damage; Rebecca
L. Griebel for vehicle damage;
Denise Kennedy for vehicle
damage; Garry Pape for vehi-
cle damage; Portzen
Construction for nonpayment
of work; Rebecca Roepsch for
personal injury; Kris Weland
for personal injury, upon.
motion referred to the Legal
Staff for investigation and
report.
Corporation Counsel advising
that the following claims have
been referred to Public Entity
Risk Services of Iowa, the
agent for the Iowa
Communities Assurance Pool:
Geraldine Foley for vehicle
damage; Rebecca Roepsch
�'
for personal injury, Victoria
Sawvell for personal injury,
Peggy Weland for personal
injury, upon motion received
and filed and concurred.
Corporation Counsel recom-
mending that the claim of
Denise Kennedy for vehicle
damage be denied, upo
motion received and filed and
concurred.
Corporation Counsel recom-
mending approval of the claim
of Michael F. Delaney for vehi-
cle damage and the Finance
Director to issue payment,
upon motion received and filed
and concurred.
Citizen Communication.
Communication from Dow and
Susan Prouty regarding the
resurrection and reconstruc-
tion of the narrow gauge rail
line from Dubuque to
Cascade, upon motion
received and filed.
Request to Purchase City -
Owned Property: Request
from Douglas and Jean Kapp
and William and Carole
Hartman-Kubler to purchase a
portion of a City street/alley
abutting their property
between 1590 and 1600 Adair
Street. upon motion received
and filed and referred to the
City Manager.
Rip Row Valley Utilities
Extension: City Manager rec-
ommending acceptance of the
Rip Row Valley Utilities
Extension Project in the final
contract amount of
$83,115.12, upon motion
received and filed. Buol
moved adoption of Resolution
No. 521-02 Accepting
improvement and Resolution
No. 522-02 Approving final
estimate. Seconded by
Markham. Motion carried 7-0.
Five Flags - Paint Arena
Ceiling and Walls Project: City
Manager recommending
acceptance of the Five Flags -
Paint Arena Ceiling and Walls
Project in the final contract
amount of $79,190, upon
motion received and filed.
Buoi moved adoption of
Resolution No. 523-02
Accepting improvement and
Resolution No. 524-02
Approving final estimate.
Seconded by Markham.
Motion carried 7-0
Rip Row Valley Ball Field
Development Project: City
Manager recommendin
acceptance of the Rip Row
Valley Ball Field Development
Project in the final contract
amount of $111,418.49, upon
motion received and filed. Buol
moved adoption of Resolution
No. 525-02 Accepting
improvement and Resolution
No. 526-02 Approving final
estimate. Seconded by,
Markham. Motion carried 7-0.
Amendment to Collective
Bargaining Agreement
Between the City and the
Police Protective Association:
City Manager recommending
approval of an amendment to
the Collective Bargaining
Agreement between the City
and the rl,,hnn„t, Pnli.
Protective Association to
accommodate the new four -
day (ten hour) work week,
upon motion received and filed
and approved.
Ziepprecht Block Building:
Historic Preservation
Commission recommending
approval of the nomination of
the Ziepprecht Block Building
(1347 Central Avenue) to the
National Register of Historic
Places, upon motion received
and filed and approved recom-
mendation.
John Bell Block Building:
Historic Preservation
Commission recommending
approval of the nomination of
the John Bell Block Buildin.
(1301 - 1307 Central Avenue)
to the National Register of
Historic Places, upon motion
received and filed and
approved recommendation.
Historic Bluffs Trail Project
Grant Application: City
Manager recommending
approval of the submission of
a TEA-21 Grant Application for
construction of the Historic
Bluffs Trail Project which
involves restoration of the
Hodgdon Street and
Catherine/West Locust Street
steps, upon motion received
and filed. Buoi moved adop-
tion of Resolution No. 527-02
Approving the submittal of an
application for Statewid-
Transportation Enhancement
Funding to the Iowa
Department of Transportation
for the Historic Bluffs Trail
Project. Seconded by
Markham. Motion carried 7-0.
Iowa 32 (Northwest Arterial)
Bike/Hike Path Grant
Application: City Manager
recommending approval of the
submission of a Federal
Recreational Trail Grant
Application for construction of.
the Iowa 32 (Northwest
Arterial) Bike/Hike Path pro-
ject, upon motion received and
filed. Buoi moved adoption of
Resolution No. 528-02
Approving the submittal of an
application for Federal
Recreation Trail Funding to the
Iowa Department of
Transportation for the
Dubuque Heritage Trail
Extension: Iowa 32
(Northwest Arterial) Bike/Hike
Trail Project. Seconded by
Markham. Motion carried 7-0.
Landscaping Gateways Grant
Application: City Manager rec-
ommending approval of the
submission of a TEA-21 Grant
Application for landscaping of
the gateways to the City locat-
ed at Dodge and Locust
Streets, the Port of Dubuque
at 5th Street, and at 9th and 11
Streets adjacent to Highway
61/151, upon motion received
and filed. Buoi moved adop-
tion of Resolution No. 529-02
Approving the submittal of an
application for Statewide
Transportation Enhancement
Funding to the Iowa
Department of Transportation
for, the Dubuque Gateways
Project. Seconded by
Markham. Motion carried 7-0.
Grant of Easement for Public
Sidewalk and Sprinkler
System: City Manager recom-
mending approval of an ease-
ment agreement between the
City of Dubuque and the
Peninsula Gaming Company,
LLC for the installation of a
public sidewalk and sprinkler
system abutting Bell Street in
front of their parking lot at the
corner of 3rd and Bell Street,
upon motion received and
filed. Buoi moved adoption of
Resolution No. 530-02 Grant
of Easement for public side-
walk and sprinkler system
relating to the construction of
sidewalk, ornamental rail and
irrigation system with
Peninsula Gaming Company,
LLC. Seconded by Markham.
Motion carried 7-0.
ECIA: Communication from
ECIA presenting a certificate
from the Iowa Emergency
Management Division to the
City of Dubuque in recognition
of the City's Multi -Hazard
IILI UV, i rlal i, ul./ul1 IIIVLIVII
received and filed.
Dubuque County Board of
Supervisors: Communication
from Donna L. Smith,
Chairperson of the Dubuque
County Board of Supervisors,
advising that the Supervisors
have adopted the
Comprehensive Land Use
Development Plan and Future
Land Use Development Map,
upon motion received and
filed.
Bell Street - Award of
Contract: City Manager rec-
ommending approval of a
change in the award date for
the Bell Street Construction
Project from October 7, 2002
to February 3, 2003 due to a
change in the State's bidding
schedule, upon motion
received and filed. Buoi
moved adoption of Resolution
No. 531-02 Ordering bids.
Seconded by Markham.
Motion carried 7-0.
Hempstead High School:
Request of Hempstead High
School to conduct a fireworks
display on October 18, 2002 at
7:45 p.m. at their Homecoming
Football Game, upon motion
received and filed and
approved request.
State Historical Society of
Iowa: Communication from the
State Historical Society of
Iowa advising that the Grand
Opera House was listed in the
National Register of Historic
Places effective September
20, 2002, upon motion
received and filed.
Liquor License Refunds:
Request from Galaxies, 3203
Jackson Street, for a refund of
their liquor license in the
amount of $422.50, upon
motion received and filed and
approved request.
Request from ArCon,
(Arby's Q-Mart) for a refund on
their beer and liquor license in
the amount of $75.00 and
Cigarette Permit, upon motion
received and filed and
approved request.
Business Licenses: Buoi
moved adoption of Resolution
No. 532-02 Granting th-
issuance of Class "C" Beer
Permit to Puff N Snuff, Eagle
Food #130, Eagle Food #018,
Eagle Food #320, and Wal-
Mart Supercenter - and
Resolution No. 533-02
Granting the issuance of Class
"C" Beer/Liquor License to
Europa Haus
Restaurant/Bierstube, Do.
House Lounge and Rainbow
Lounge; Class "C" (5 Day
Special Event) License to
Loras College - Field House,
Loras College - Alumni Center
and Clarke College - Atrium;
and Class "B" Wine Permit to
Wal-Mart Supercenter, Eagle
Food Center #320, Eagle Food
Center #018, and Eagle Foo.
Center #130. Seconded by
Markham. Motion carried 7-0.
ITEMS TO BE SET FOR
PUBLIC HEARING
Bond Sale to Support Water
Projects: City Manager rec-
ommending that a public hear-
ing be set for October 21, 2002
to consider the sale of General
Obligation Bonds in an amoun
not to exceed $3,300,000 to
support the new water tower
and water main along the
Northwest Arterial, upon
motion received and filed.
Michalski moved adoption of
Resolution No. 534-02 Fixing
date for a meeting on the
proposition of the issuance of
not to exceed $3,300,000
General Obligation Bonds (for
an essential corporate pur-
pose) of Dubuque, Iowa, and
providing for publication of
notice thereof, and further set
this for Public Hearing on
10/21/02 at a meeting to com-
mence at 6:30 P.M. in the
Public Library Auditorium and
that the City Clerk publis
notice in the manner pre-
scribed by law. Seconded by
Cline. Motion carried 7-0.
Bond Sale to Refund
$3,100,000 General Obligation
Bonds: City Manager recom-
mending that a public hearing
UC JCI I0f VCtooef L 1, LUUL i0
consider the proposition of
selling not to exceed $650,000_
in General Obligation Bonds
for the purpose of refunding
$3,100,000 General Obligation
Bonds, upon motion received
and filed. Michalski moved
adoption of Resolution No.
535-02 Fixing date for ameet-
ing on the proposition of the
issuance of not to exceed
$650,000 General Obligation
Bonds (for an essential corpo-
rate purpose) of Dubuque,
Iowa, and providing for publi-
cation of notice thereof, 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.
Seconded by Cline. Motion
carried 7-0.
Concrete Repairs on Kerper
Boulevard and North
Grandview Avenue - Initiate:
City Manager recommending
initiation of the bidding
process for the Concrete
Repairs on Kerper Boulevar.
and North Grandview Avenue
Project and recommending
that a public hearing on the
plans and specifications be set
for November 4, 2002, upon
motion received and filed.
Michalski moved adoption of
Resolution No. 536-02
Preliminary approval of plans
and specifications; Resolution
No. 537-02 Fixing date of
hearing on plans and specifi-
cations for November 4, 2002
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. 538-02
Ordering bids. Seconded b
Cline. Motion carried 7-0.
BOARDS/COMMISSIONS
Applicants are invited to
address the Council regarding
their desire to serve on the fol-
lowing Commission:
Housing Commission (One 3-
year unexpired term through
8/17/04 and one 3-year term
to expire 8/17/05) Applicant:
William D. Helling. Mr. Helling
spoke requesting considera-
tion for appointment.
PUBLIC HEARINGS
Upon motion the rules were
suspended to allow anyone
present to speak.
Dubuque Girls' Independent
League Ballfield Fencing
Project: Proofs of publication,
on notice of hearing on plans
and specifications and notice
to bidders on the receipt of
bids, and City Manager rec-
ommending award of the con-
tract for the Dubuque Girls'
Independent League Project to
Pride Fencing and
Landscaping in the amount of
$54,111.47, upon motion_
received and filed. Markham
moved adoption of Resolution
No. 539-02 Adopting plans
and specifications for the pro-
ject and Resolution No. 540-
02 Awarding contract to Pride
Fencing and Landscaping.
Seconded by Cline. Motion
carried 7-0.
Shady Oaks Storm Sewer -
Request to Vacate:. Proof of
publication on notice of hear-
ing to consider a request from
Ed Tschiggfrie to vacate a
twenty -foot wide storm sewer
easement over Lot 36 of
Shady Oaks and City Manager
recommending approval, upon
motion received and filed.
Buoi moved adoption of_
Resolution No. 541-02
Disposing of interest and
vacate a twenty -foot wide
storm sewer easement over
Lot 36 of Shady Oaks
Subdivision, in the City of
Dubuque, Dubuque County,
Iowa. Seconded by
Nicholson. Motion carried 7-
0.
Tiffany Ridge - Sale of
Property: Proof of publication
on notice of hearing to consid-
er the sale of a portion of City -
owned property on Tiffany
Ridge to the abutting property
owners and City Manager rec-
ommending approval,' upon
motion received and filed.
Buoi moved adoption of_
Resolution No. 542-02
Disposing of City interest in
Lot 1, Lot 2, Lot 3, Lot 4, Lot 5,
Lot 6, Lot 7, and Lot 8 of Block
4 of Tiffany Ridge, Dubuque,
Iowa. Seconded by
Nicholson. Motion carried 7-
0.
Lease Agreement with
ConAgra, Inc.: Proof of publi-
cation on notice of hearing to -
consider
disposing of interest
in real property by lease agree-
ment with ConAgra Foods,
Inc. d/b/a Peavey Company
for property on the Twelfth
Street Extension and City
Manager recommending
approval, upon motion
received and filed. Michalski. -
moved adoption of Resolution
No. 543-02 Disposing of an
interest in real property by
lease agreement with ConAgra
Foods, Inc. d/b/a/ Peavey.
Company. Seconded by
Connors. Motion carried 7-0.
Fiscal Year 2003 Budget
Amendment: Proof of publica-
tion on notice of hearing to_
consider the first amendment
to the Fiscal Year 2003 budget
and City Manager recom-
mending approval, upon
motion received and filed.
Cline moved adoption of
Resolution No. 544-02
Amending the current budget
for the Fiscal Year ending June
30, 2003. Seconded by, -
Nicholson. Motion carried 7-
0.
2000 Sidewalk Installation
Program: Proofs of publica-
tion 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 for the
2000 Sidewalk Installation
Program to Perry Construction
in the amount of $24,985.34,
upon motion received and
filed. Cline moved adoption of
Resolution No. 545-02
Adopting plans and specifica-
tions for the project;
Resolution No. 546-02
Rescinding Resolution #472-_
00 and approving in lieu there-
of a new Resolution of
Necessity with respect to the
adoption of the 2000 Sidewalk
Installation Program;
Resolution No. 547-02
Awarding contract to Perry
Construction. Seconded by
Nicholson. Motion carried 7-
0.
Flora Park Rest Room
Project: Proofs of publication
on notice of hearing on plans
and specifications and notice
to bidders on the receipt of
bids, and City Manager rec-
ommending award of the con-
tract for the Flora Park Rest
Room Project to S & S
Construction in the amount of_
$119,000, upon motion
received and filed. Markham
moved adoption of Resolution
No. 548-02 Adopting plans
and specifications for the pro-
ject and Resolution No. 549-
02 Awarding contract to S & S
Construction. Seconded by
Cline. Motion carried 7-0.
First Street and Main Street.
Lighting Project: Proofs of
publication on notice of hear-
ing on plans and specifications
and notice to bidders on the
receipt of bids, and City
Manager recommending
award of the contract for the
First Street and Main Street
Lighting Project to A&G
Electric in the amount of
$115,671.10, upon motion.
received and filed. Cline
moved adoption of Resolution
No. 550-02 Adopting plans
and specifications for the pro-
ject and Resolution No. 551-
02 Awarding contract to A&G
Electric. Seconded by
Michalski. Motion carried 7-0.
Port of Dubuque Phase #3_
(Utilities) Project: Proofs of
publication on notice of hear-
ing on plans and specifications
and notice to bidders on the
receipt of bids, and City
Manager recommending
award of the contract for the
Port of Dubuque Phase #3
(Utilities) Project to WC
Stewart Construction in the
amount of $337,837.45, upon
motion received and filed.
Cline moved adoption of
Resolution No. 552-02
Adopting plans and specifica-
tions for the project and
Resolution No. 553-02
Awarding contract to WC
Stewart Construction.
Seconded by Nicholson.
Motion carried 7-0.
Upon motion the rules were
reinstated limiting discussion
to the Council.
ACTION ITEMS
Michele Harry - Request to
Address the Council: Request
of Michele Harry to address
the City Council to present the
current results of the petition-
ing being performed in the
north end community regard-
ing the open water way, upon
motion received and filed.
Michelle Harry spoke citing
statistical information of those
petitioners in favor of the open
water way and requested no
more delays in commence-
ment of action to alleviate the
flooding.
Petitions submitted by
Michele Harry, upon motion
received and filed.
Mayor Duggan turned control
of the meeting to Mayor Pro-
Tem Buol due to possible con-
flict of interest.
Mississippi Valley Truck
Center, Inc. Property: City
Manager recommending
approval of the commence-
ment of eminent domain pro-
ceedings for acquisition of the
property of Mississippi Valley
Truck Center, Inc. in the Port
of Dubuque, upon motion
received and filed. Cline
moved adoption of Resolution
No. 554-02 Authorizing the
commencement of proceed-
ings for the acquisition by emi-
nent domain of real property
owned by Mississippi Valley
Truck Center, Inc. Seconded
by Nicholson. Motion carried
6-0.
Mayor Duggan resumed con-
trol of the meeting.
Installation of Stop Signs d
Vernon Street at Glen Oak
Street: City Manager recom-
mending approval of the
installation of stop signs on
Vernon Street at Glen Oak
Street, upon motion received
and filed. Ordinance No. 81-
02 Amending the Code of
Ordinances of the City of
Dubuque, Iowa, by modifyin
Subsection (b) of Section 32-
214 thereof providing for the
addition of stop signs on
Vernon Street at Glen Oak,
presented and read.
Markham 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 con-
sideration and passage of the
Ordinance. Seconded by
Nicholson. Motion carried 7-
0.
Seventeenth Street - No
Parking Area: , City Manager
recommending approval of the
creation of a new "No Parking"
district between the hours of
5:00 a.m. and 5:00 p.m. and
that the south side of 17th
Street be included within the
district, upon motion received
and filed. Ordinance No. 82-
02 Amending the Code of
Ordinances of the City of
Dubuque, Iowa, by enacting a
new Subsection (i) of Section
32-262 thereto providing for
no parking between five
o'clock (5:00) a.m. and five
o'clock (5:00) p.m., Monday
through Saturday, except pub-
lic holidays and designating
certain areas in Subsection (I)
in Section 32-262, presented
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CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular
Session, October 7, 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 act-
ing upon such business which
may properly come before the
City Council.
Invocation was given by
Joellen McCarthy, BVM,
President of the Sisters . of
Charity, BVM.
Proclamations: Healthcare
Quality Week (October 13 -
19, 2002) received by John
Knox, CEO of The Finley.,
Hospital; YWCA Appreciation
Month (October, 2002)
received by Jane O'Neill; and
Make A Will Month (October,
2002) received by Ken Werth.
CONSENT ITEMS
Minutes Submitted: Cable
Community Teleprogramming
Commission of 9/3 and 10/1;
City Council of 9/16;.
Community Development
Advisory Commission of 9/4;
Downtown Planning
Committee of 9/9;
Environmental Stewardship
Advisory Commission of 9/3;
Michael Delaney for vehicle
damage; Geraldine A. Foley for
vehicle damage; Darryl Galle
for property damage; Rebecca
L. Griebel for vehicle damage;
Denise Kennedy for vehicle
damage; Garry Pape for vehi-
cle damage; Portzen
Construction for nonpayment
of work; Rebecca Roepsch for
personal injury; Kris Weland
for personal injury, upon.
motion referred to the Legal
Staff for investigation and
report.
Corporation Counsel advising
that the following claims have
been referred to Public Entity
Risk Services of Iowa, the
agent for the Iowa
Communities Assurance Pool:
Geraldine Foley for vehicle
damage; Rebecca Roepsch'
for personal injury, Victoria
Sawvell for personal injury,
Peggy Weland for personal
injury, upon motion received
and filed and concurred.
Corporation Counsel recom-
mending that the claim of
Denise Kennedy for vehicle
damage be denied, upo
motion received and filed and
concurred.
Corporation Counsel recom-
mending approval of the claim
of Michael F. Delaney for vehi-
cle damage and the Finance
Director to issue payment,
upon motion received and filed
and concurred.
Citizen Communication:
Communication from Dow and
Susan Prouty regarding the
resurrection and reconstruc-
tion of the narrow gauge rail
line from Dubuque to
Cascade, upon motion
received and filed.
Request to Purchase City -
Owned Property: Request
from Douglas and Jean Kapp
and William and Carole
Hartman-Kubler to purchase a
portion of a City street/alley
abutting their property
between 1590 and 1600 Adair
Street. upon motion received
and filed and referred to the
City Manager.
Rip Row Valley Utilities
Extension: City Manager rec-_
ommending acceptance of the
Rip Row Valley Utilities
Extension Project in the final
contract amount of
$83,115.12, upon motion
received and filed. Buol
moved adoption of Resolution
No. 521-02 ' Accepting
improvement and Resolution
No. 522-02 Approving final
estimate. Seconded by
Markham. Motion carried 7-0.
Five Flags - Paint Arena
Ceiling and Walls Project: City
Manager recommending
acceptance of the Five Flags -
Paint Arena Ceiling and Walls
Project in the final contract
amount of $79,190, upon
motion received and filed.
Buol moved adoption of
Resolution No. 523-02
Accepting improvement and
Resolution No. 524-02
Approving final estimate.
Seconded by Markham.
Motion carried 7-0
Rip Row Valley Ball Field
Development Project: City
Manager recommendin..
acceptance of the Rip Row
Valley Ball Field Development
Project in the final contract
amount of $111,418.49, upon
motion received and filed. Buol
moved adoption of Resolution
No. 525-02 Accepting
improvement and Resolution
No. 526-02 Approving final
estimate. Seconded by
Markham. Motion carried 7-0.
Amendment to Collective
Bargaining Agreement
Between the City and the
Police Protective Association:
uommissiun Gw y
approval of the nomination of
the Ziepprecht Block Building
(1347 Central Avenue) to the
National Register of Historic
Places, upon motion received
and filed and approved recom-
mendation.
John Bell Block Building:
Historic Preservation
Commission recommending
approval of the nomination of
the John Bell Block Buildin•
(1301 - 1307 Central Avenue
to the National Register of
Historic Places, upon motion
received and filed and
approved recommendation.
Historic Bluffs Trail Project
City Grant Application: C Y
Manager recommending
approval of the submission of
a TEA-21 Grant Application for
construction of the Historic
Bluffs • Trail Project which
involves restoration of the
Hodgdon Street and
Catherine/West Locust Street
steps, upon motion received
and filed. Buol moved adop-
tion of Resolution No. 527-02
Approving the submittal of an
application for Statewid-
Transportation Enhancement
Funding to the Iowa
Department of Transportation
for the Historic Bluffs Trail
Project. Seconded by
Markham. Motion carried 7-0.
Iowa 32 (Northwest Arterial)
Bike/Hike Path Grant
Application: City Manager
recommending approval of the
submission of a Federal
Recreational Trail Grant
Application for construction of,
the Iowa 32 (Northwest
Arterial) Bike/Hike Path pro-
ject, upon motion received and
filed. Buol moved adoption of
Resolution No. 528-02
Approving the submittal of an
application for Federal
Recreation Trail Funding to the
Iowa Department of
Transportation for the
Dubuque Heritage Trail
Extension: Iowa 32
(Northwest Arterial) Bike/Hike
Trail Project. Seconded by
Markham. Motion carried 7-0.
Landscaping Gateways Grant
Application: City Manager rec-
ommending approval of the
submission of a TEA-21 Grant
Application for landscaping of
the gateways to the City locat-
ed at Dodge and Locust
Streets, the Port of Dubuque
at 5th Street, and at 9th and 11
Streets adjacent to Highway
61/151, upon motion received
and filed. Buol moved adop-
tion of Resolution No. 529-02
Approving the submittal of an
application for Statewide
Transportation Enhancement
Funding to the Iowa
Department of Transportation
for,the Dubuque Gateways
Project. Seconded by
Markham. Motion carried 7-0.
Grant of Easement for Public
Sidewalk and Sprinkler
System: City Manager recom-
mending approval of an ease-
ment agreement between the
City of Dubuque and the
Peninsula Gaming Company,
LLC for the installation of a
public sidewalk and sprinkler
system abutting Bell Street in
front of their parking lot at the
corner of 3rd and Bell Street,
upon motion received and
filed. Buol moved adoption of
Resolution No. 530-02 Grant
of Easement for public side-
walk and sprinkler system
relating to the construction of
sidewalk, ornamental rail and
irrigation system with
Peninsula Gaming Company,
LLC. Seconded by Markham.
Motion carried 7-0.
ECIA: Communication from
ECIA presenting a certificate
Comprehensive Land Use
Development Plan and Future
Land Use Development Map,
upon motion received and
filed.
Bell Street - Award of
Contract: City Manager rec-
ommending approval of a
change in the award date for
the Bell Street Construction
Project from October 7, 2002
to February 3, 2003 due to a
change in the State's bidding
schedule, upon motion
received and filed. Buol
moved adoption of Resolution
No. 531-02 Ordering bids.
Seconded by Markham.
Motion carried 7-0.
Hempstead
High School:
g
Request of Hempstead High
School to conduct a fireworks
display on October 18, 2002 at
7:45 p.m. at their Homecoming
Football Game, upon motion
received and filed and
approved request.
State Historical Society of
Iowa:. Communication from the
State Historical Society of
Iowa advising that the Grand
Opera House was listed in the
National Register of Historic
Places effective September
20, 2002, upon motion
received and filed.
Liquor License Refunds:
Request from Galaxies, 3203
Jackson Street, for a refund of
their liquor license in the
amountQ of $422.50, upon
motion received and filed and
approved request.
Request from ArCon, Inc.`
(Arby's 0-Mart) for a refund on
their beer and liquor license in
the amount of $75.00 and
Cigarette Permit, upon motion
received and filed and
approved request.
Business Licenses: Buol
moved adoption of Resolution
No. '532-02 Granting th-
issuance of Class "C" Beer
Permit to Puff N Snuff, Eagle
Food #130, Eagle Food #018,
Eagle Food #320, and Wal-
Mart Supercenter and
Resolution No. 533-02
Granting the issuance of Class
"C" Beer/Liquor License to
Europa Haus
Restaurant/Bierstube, Do•
House Lounge and Rainbow
Lounge; Class "C" (5 Day
Special Event) License to
Loras College - Field House,
Loras College - Alumni Center
and Clarke College - Atrium;
and Class "B" Wine Permit to
Wal-Mart Supercenter, Eagle
Food Center #320, Eagle Food
Center #018, and Eagle Foo•
Center #130. Seconded by
Markham. Motion carried 7-0.
ITEMS TO BE SET FOR
PUBLIC HEARING
Bond Sale to Support Water
Projects: City Manager rec-
ommending that a public hear-
ing be set for October 21, 2002
to consider the sale of General
Obligation Bonds in an amoun
not to exceed $3,300,000 to
support the new water tower
and water main along the
Northwest Arterial, upon
motion received and filed.
Michalski moved adoption of
Resolution No. 534-02 Fixing
date for a meeting on the
proposition of the issuance of
not to exceed $3,300,000
General Obligation Bonds (for
an essential corporate pur-
pose) of Dubuque, Iowa, and
providing for publication of
notice thereof, and further set
this for Public Hearing on
10/21/02 at a meeting to com-
mence at 6:30 P.M. in the
Public Library Auditorium and
that the City Clerk publis
notice in the manner pre-
scribed by law. Seconded by
Cline. Motion carried 7-0.
535-02 Fixing date for ameet-
ing on the proposition of the
issuance of not to exceed
$650,000 General Obligation
Bonds (for an essential corpo-
rate purpose) of Dubuque,
Iowa, and providing for publi-
cation of notice thereof, 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.
Seconded by Cline. Motion
carried 7-0.
Concrete Repairs on Kerper
Boulevard , and North
Grandv
iew Avenue - Initiate:
City Manager recommending
initiation of the bidding
process for the Concrete
Repairs on Kerper Boulevar•
and North Grandview Avenue
Project and recommending
that a public hearing on the
plans and specifications be set
for November 4, 2002, upon
motion received and filed.
Michalski moved adoption of
Resolution No. 536-02
Preliminary approval of plans
and specifications; Resolution
No. 537-02 Fixing date of
hearing on plans and specifi-
cations for November 4, 2002
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. 538-02
Ordering bids. Seconded b
Cline. Motion carried 7-0.
BOARDS/COMMISSIONS
Applicants are invited to
address the Council regarding
their desire to serve on the fol-
lowing Commission:
Housing Commission (One 3-
year unexpired term through
8/17/04 and one 3-year term
to expire 8/17/05) Applicant:
William D. Helling. Mr. Helling
spoke requesting considera-
tion for appointment.
PUBLIC HEARINGS
Upon motion the rules were
suspended to allow anyone
present to speak.
Dubuque Girls' Independent
League Ballfield Fencing
Project: Proofs of publication.,
on notice of hearing on plans
and specifications and notice
to bidders on the receipt of
bids, and City Manager rec-
ommending award of the con-
tract for the Dubuque Girls'
Independent League Project to
Pride Fencing and
Landscaping in the amount of
$54,111.47, upon motion_
received and filed. Markham
moved adoption of Resolution
No. 539-02 Adopting plans
and specifications for the pro-
ject and Resolution No. 540-
02 Awarding contract to Pride
Fencing and Landscaping.
Seconded by Cline. Motion
carried 7-0.
Shady Oaks Storm Sewer -,
Request to Vacate:. Proof of
publication on notice of hear-
ing to consider a request from
Ed Tschiggfrie to vacate a
twenty -foot wide storm sewer
easement over Lot 36 of
Shady Oaks and City Manager
recommending approval, upon
motion received and filed.
Buol moved adoption of_
Resolution No. 541-02
Disposing of interest and
vacate a twenty -foot wide
storm sewer easement over
Lot 36 of Shady Oaks
Subdivision, in the City of
Dubuque, Dubuque County,
Iowa. Seconded by
Nicholson. Motion carried 7-
0.
Tiffany Ridge - Sale of
Property: Proof of publication
Iowa. Jeconueu u
Nicholson. Motion carried 7-
0.
Lease Agreement with
ConAgra, Inc.: Proof of publi-
cation on notice of hearing to -
consider
disposing of interest
in real property by lease agree-
ment with ConAgra Foods,
Inc. d/b/a Peavey Company
for property on the Twelfth
Street Extension and City
Manager recommending
approval, upon motion
received and filed. Michalski_
moved adoption of Resolution
No. 543-02 Disposing of an
interest in real property by
lease agreement with ConAgra
Inc. d/ b/a/ Peavey
Y.
Company. Seconded by
Connors. Motion carried 7-0.
Fiscal Year 2003 Budget
Amendment: Proof of publica-
tion on notice of hearing to...
consider the first amendment
to the Fiscal Year 2003 budget
and City Manager recom-
mending approval, upon
motion received and filed.
Cline moved adoption of
Resolution No. 544-02
Amending the current budget
for the Fiscal Year ending June
30, 2003. Seconded by_
Nicholson. Motion carried 7-
0.
2000 Sidewalk Installation
Program: Proofs of publica-
tion 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 for the
2000 Sidewalk Installation
Program to Perry Construction
in the amount of $24,985.34,
upon motion received and
filed. Cline moved adoption of
Resolution No. 545-02
Adopting plans and specifica-
tions for the project;
Resolution No. 546-02
Rescinding Resolution #472
00 and approving in lieu there-
of a new Resolution of
Necessity with respect to the
adoption of the 2000 Sidewalk
Installation Program;
Resolution No. 547-02
Awarding contract to Perry
Construction. Seconded by
Nicholson. Motion carried 7-
0.
Flora Park Rest Room -
Project: Proofs of publication
on notice of hearing on plans
and specifications and notice
to bidders on the receipt of
bids, and City Manager rec-
ommending award of the con-
tract for the Flora Park Rest
Room Project to S & S
Construction in the amount of
$119,000, upon motion
received and filed. Markham
moved adoption of Resolution
No. 548-02 Adopting plans
and specifications for the pro-
ject and Resolution No. 549-
02 Awarding contract to S & S
Construction. Seconded by
Cline. Motion carried 7-0.
First Street and Main Street_
Lighting Project: Proofs of
publication on notice of hear-
ing on plans and specifications
and notice to bidders on the
receipt of bids, and City
Manager recommending
award of the contract for the
First Street and Main Street
Lighting Project to A&G
Electric in the amount of
$115,671.10, upon motion
received and filed. Cline
moved adoption of Resolution
No. 550-02 ' Adopting plans
and specifications for the pro-
ject and Resolution No. 551-
02 Awarding contract to A&G
Electric. Seconded by
Michalski. Motion carried 7-0.
Port of Dubuque Phase #3`
(Utilities) Project: Proofs of
tiona for the project and
Resolution No. 553-02
Awarding contract to WC
Stewart Construction.
Seconded by Nicholson.
Motion carried 7-0.
Upon motion the rules were
reinstated limiting discussion
to the Council.
ACTION ITEMS
Michele Harry - Request to
Address the Council: Request
of Michele Harry to address
the City Council to present the
current results of the petition-
ing being performed in the
north end community regard-
ing the open water way, upon
motion received and filed.
Michelle Harry spoke citing
statistical information of those
petitioners in favor of the open
water way and requested no
more delays in commence-
ment of action to alleviate the
flooding.
Petitions submitted by
Michele Harry, upon motion
received and filed.
Mayor Duggan turned control
of the meeting to Mayor Pro-
Tem Buol due to possible con-
flict of interest.
Mississippi Valley Truck
Center, Inc. Property: City
Manager recommending
approval of the commence-
ment of eminent domain pro-
ceedings for acquisition of the
propertyof Mississippi
sissi
pp
Valley
Center,
Inc. in the Port
of . Dubuque, upon motion
received and filed. Cline
moved adoption of Resolution
No. 554-02 Authorizing the
commencement of proceed-
ings for the acquisition by emi-
nent domain of real property
owned by Mississippi Valley
Truck Center, Inc. Seconded
by Nicholson. Motion carried
6-0.
Mayor Duggan resumed con-
trol of the meeting.
Installation of Stop Signs r
Vernon Street at Glen Oak
Street: City Manager recom-
mending approval of the
installation of stop signs on
Vernon Street at Glen Oak
Street, upon motion received
and filed. Ordinance No. 81-
02 Amending the Code of
Ordinances of the City of
Dubuque, Iowa, by modifyin..
Subsection (b) of Section 32-
214 thereof providing for the
addition of stop signs on
Vernon Street at Glen Oak,
presented and read.
Markham 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 con-
sideration and passage of the
Ordinance. Seconded by
Nicholson. Motion carried 7-
0.
Seventeenth Street - No
Parking Area: , City Manager
recommending approval of the
creation of a new "No Parking"
district between the hours of
5:00 a.m. and 5:00 p.m. and
that the south side of 17th
Street be included within the
district, upon motion received
and filed. Ordinance No. 82-
02 Amending the Code of
Ordinances of the City of
Dubuque, Iowa, by enacting a
new Subsection (i) of Section
32-262 thereto providing for
no parking between five
o'clock 5:00) a.m. and five
o'clock (5:00) p.m., Monday
through Saturday, except pub-
lic holidays and designating
certain areas in Subsection (i)
in Section 32-262, presented
and read. Cline moved that
new residential development
off of North Cascade Road in
Dubuque County, upon motion
received and filed. Cline
moved adoption of Resolution
No. 555-02 Approving the,
final plat of Wild Wood Estates
in Dubuque County, Iowa.
Seconded by Nicholson.
Motion carried 7-0.
Disposition of Lamar
Billboards on John F. Kennedy
Road and First Street: City
Manager recommending that
Lamar Advertising be issued a
notice of violation for the bill-
boards on John F. Kennedy
Road (Calcars Hyundai) and
First Street (U.S. Cellular)
which would allow the bill-
boards to remain until the
advertising contracts have
lapsed, at which time the on -
premise copy would be
removed or subject to civil
citation, upon motion received,
and filed and approved.
Sunset Ridge Repaving
Request: Communication from
Douglas M. Henry; represent-
ing residents of Sunset Ridge,
requesting the repaving of
Sunset Ridge as a public
street, and additional commu-
nication from Douglas Henry,
upon motion received and.
filed.
Attorney Doug Henry, repre-
senting Sunset Ridge property
owners, spoke in support of
the proposed Resolution.
Buol moved adoption of
Resolution No. 556-02
Acknowledging the accep-
tance of Sunset Ridge as a
public street of the City of_
Dubuque. Seconded by
Nicholson. Carried by the fol-
lowing vote: Yeas —Markham,
Michalski, Nicholson, Buol,
Cline, Connors. Nays —
Duggan.
Citizens Committed to Our
Communities: Communication
from Arnold N. Honkamp, Co -
Chair of the PAC Committee_
"Citizens Committed to Our
Communities" requesting that
the City Council pass a resolu-
tion extolling the benefits to
the community of Dubuque's
two gambling facilities and
urging all Dubuquers to vote
Yes -Yes on November 5,
2002, presented and read.
Carrie Zaber, Diamond Jo_
Casino, spoke in support of
the gaming referendum.
Nicholson moved that that
the communication be
received and filed and that
staff prepare a Resolution of
Support. Seconded by Cline.
Carried by the following vote:
Yeas —Markham, Michalski,
Nicholson, Buol, Cline
Connors. Nays —None.
Abstain —Duggan.
John F. Kennedy Road -
Removal of "No Parking"
Restriction (First Reading on
September 3, 2002; Second
Reading on September 16,
2002), upon motion received
and filed. Ordinance No. 83-
02 Amending Section 32-262,,,
(d) of the City of Dubuque
Code of Ordinances, prohibit-
ing parking on designated
streets. or portions thereof by
deleting portions of John F.
Kennedy Road, said
Ordinance having been read
on 9/3/02 and 9/16/02, now
presented for final action.
Buol moved final consideration_
and passage of the Ordinance.
Seconded by Connors.
Carried by the following vote:
Yeas —Duggan, Markham,
Buol, Connors. Nays —
Michalski, Nicholson, Cline.
COUNCIL MEMBER
REPORTS
Connors recognized the
mented he wouia WorK with
the City regarding the Land
Use Map.
At 8:06 P.M. upon motion it
was resolved to go into Closed
Session re: Property
Acquisition - Chapter 21.5(1)(j) ,,,
2001 Code of Iowa.
At 9:01 P.M. Council recon-
vened Regular Session stating
that staff had been given prop-
er direction.
There being no further busi-
ness, upon motion meeting
'adjourned at 9:02 P.M.
/s/ Jeanne F. Schneider, CMC
City Clerk
1t 10/16
I, Tammy M Feldmann, a Billing Clerk for Woo
Iowa corporation, publisher of the Telegraph He
circulation published in the City of Dubuque, C(
Iowa; hereby certify that the attached notice was
the following dates: October 16, 2002, and for vl
2
L
Subscribed to before me, otary Public in ant
this
a
/6 day of
Notary Public in
_._low
if 7/22 City Manager recommending
vation approval of an amendment to
luman the Collective Bargaining
8/12;_ Agreement between the City
Ration and the Dubuque Police_
upon Protective Association to
1. accommodate the new four -
if City day (ten hour) work week,
8/27, upon motion received and filed
notion and approved.
Ziepprecht Block Building:
'Suits: Historic Preservation
'ehicle Commission recommending
ley for_ approval of the nomination of
Galle the Ziepprecht Block Building
becca (1347 Central Avenue) to the
mage; National Register of Historic
'ehicle Places, upon motion received
r vehi- and filed and approved recom-
ortzen mendation.
yment John Bell Block Building:
•ch for Historic Preservation
Veland Commission recommending
upon., approval of the nomination of
Legal the John Bell Block Buildin•
and (1301 - 1307 Central Avenue)
to the National Register of
ivising Historic Places, upon motion
s have received and filed and
Entity approved recommendation.
a, the Historic Bluffs Trail Project
Iowa Grant Application: City
a Pool: Manager recommending
r hi le approval of the submission of
e c
iepsch' a TEA-21 Grant Application for.
'ictoria construction of the Historic
injury, Bluffs Trail Project which
:rsonal involves restoration of the
ceived Hodgdon Street and
Catherine/West Locust Street
'ecom- steps, upon motion received
aim of and filed. Buol moved adop-
tion of Resolution No. 527-02
upon_ Approving the submittal of an
Rd and application for Statewid-
Transportation Enhancement
•ecom- Funding to the Iowa
R claim Department of Transportation
vehi- for the Historic Bluffs Trail
'finance Project. Seconded by
yment, Markham. Motion carried 7-0.
id filed Iowa 32 (Northwest Arterial)
Bike/Hike Path Grant
cation:,,., Application: City Manager
sw and recommending approval of the
fig the submission of a Federal
nstruc- Recreational Trail Grant
ige rail Application for construction of,
e to the Iowa 32 (Northwest
motion Arterial) Bike/Hike Path pro-
ject, upon motion received and
e City- filed. Buol moved adoption of
equest Resolution No. 528-02
Kapp,. Approving the submittal of an
Carole application for Federal
:hose a Recreation Trail Funding to the
et/alley Iowa Department of
roperty Transportation for the
0 Adair Dubuque Heritage Trail
;ceived Extension: Iowa 32
to the (Northwest Arterial) Bike/Hike
Trail Project. Seconded by
Jtilities Markham. Motion carried 7-0.
ler rec-_ Landscaping Gateways Grant
of the Application: City Manager rec-
Jtilities ommending approval of the
ie final submission of a TEA-21 Grant
of Application for landscaping of
motion the gateways to the City locat-
Buol ed at Dodge and Locust
solution Streets, the Port of Dubuque
;:epting at 5th Street, and at 9th and 11
solution Streets adjacent to Highway
ng final._ 61/151, upon motion received
ad by and filed. Buol moved adop-
ted 7-0. tion of Resolution No. 529-02
Arena Approving the submittal of an
ct: City application for Statewide
:ending Transportation Enhancement
Flags - Funding to the Iowa
d Walls Department of Transportation
:ontract for, the Dubuque Gateways
upon Project. Seconded by
i filed._ Markham. Motion carried 7-0.
ion of Grant of Easement for Public
523-02 Sidewalk and Sprinkler
int and System: City Manager recom-
524-02 mending approval of an ease-
stimate. ment agreement between the
arkham. City of Dubuque and the
Peninsula Gaming Company,
ill Field LLC for the installation of a
• City ouhlin sidewalk and snrin ter
from the Iowa Emergency
Management Division to the
City of Dubuque in recognition
of the City's Multi -Hazard
Mitigation Plan, upon motion
received and filed.
Dubuque County Board of`
Supervisors: Communication
from Donna L. Smith,
Chairperson of the Dubuque
County Board of Supervisors,
advising that the Supervisors
have adopted the
Comprehensive Land Use
Development Plan and Future
Land Use Development Map,
upon motion received and
filed.
Bell Street - Award of
Contract: City Manager rec-
ommending approval of a
change in the award date for
the Bell Street Construction
Project from October 7, 2002
to February 3, 2003 due to a
change in the State's bidding
schedule, upon motion
received and filed. Buol
moved adoption of Resolution
No. 531-02 Ordering bids.
Seconded by Markham.
Motion carried 7-0.
Hempstead High School:
Request of Hem
pstead High
Hi h
School to conduct a fireworks
display on October 18, 2002 at
7:45 p.m. at their Homecoming
Football Game, upon motion
received and filed and
approved request.
State Historical Society of
Iowa: Communication from the
State Historical Society of
Iowa advising that the Grand
Opera House was listed in the
National Register of Historic
Places effective September
20, 2002, upon motion
received and filed.
Liquor License Refunds:
Request from Galaxies, 3203
Jackson Street, for a refund of
their liquor license in the
amount of $422.50, upon
motion received and filed and
approved request.
Request from ArCon, Inc.`
(Arby's Q-Mart) for- a refund on
their beer and liquor license in
the amount of $75.00 and
Cigarette Permit, upon motion
received and filed and
approved request.
Business Licenses: Buol
moved adoption of Resolution
No. 532-02 Granting th-
issuance of Class "C" Beer
Permit to Puff N Snuff, Eagle
Food #130, Eagle Food #018,
Eagle Food #320, and Wal-
Mart Supercenter and
Resolution No. 533-02
Granting the issuance of Class
"C" Beer/Liquor License to
Europa Haus
Restaurant/Bierstube, Do.
House Lounge and Rainbow
Lounge; Class "C" (5 Day
Special Event) License to
Loras College - Field House,
Loras College - Alumni Center
and Clarke College - Atrium;
and Class "B" Wine Permit to
Wal-Mart Supercenter, Eagle
Food Center #320, Eagle Food
Center #018, and Eagle Foo.
Center #130. Seconded by
Markham. Motion carried 7-0.
ITEMS TO BE SET FOR
PUBLIC HEARING
Bond Sale to Support Water
Projects: City Manager rec-
ommending that a public hear-
ing be set for October 21, 2002
to consider the sale of General
Obligation Bonds in an amoun
not to exceed $3,300,000 to
support the new water tower
and water main along the
Northwest Arterial, upon
motion received and filed.
Michalski moved adoption of
Resolution No. 534-02 Fixina
Bond Sale to Refund
$3,100,000 General Obligation
Bonds: City Manager recom-
mending that a public hearing
be set for October 21, 2002 to
consider the proposition of
selling not to exceed $650,000_
in General Obligation Bonds
for the purpose of refunding
$3,100,000 General Obligation
Bonds, upon motion received
and filed. Michalski moved
adoption of Resolution No.
535-02 Fixing date for ameet-
ing on the proposition of the
issuance of not to exceed
$650,000 General Obligation
Bonds (for an essential corpo-
rate • purpose) of Dubuque,
Iowa, and providing for publi-
cation of notice thereof, 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.
Seconded by Cline. Motion
carried 7-0.
Concrete Repairs on Kerper
Boulevard , and North
Grandview Avenue - Initiate:
Manager recommending
a
Y na 9
initiation of the bidding
process for the Concrete
Repairs on Kerper Boulevar•
and North Grandview Avenue
Project and recommending
that a public hearing on the
plans and specifications be set
for November 4, 2002, upon
motion received and filed.
Michalski moved adoption of
Resolution No. 536-02
Preliminary approval of plans
and specifications; Resolution
No. 537-02 Fixing date of
hearing on plans and specifi-
cations for November 4, 2002
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. 538-02
Ordering bids. Seconded b
Cline. Motion carried 7-0.
BOARDS/COMMISSIONS
Applicants are invited to
address the Council regarding
their desire to serve on the fol-
lowing Commission:
Housing Commission (One 3-
year unexpired term through
8/17/04 and one 3-year term
to expire 8/17/05) Applicant:
William D. Helling. Mr. Helling
spoke requesting considera-
tion for appointment.
PUBLIC HEARINGS
Upon motion the rules were
suspended to allow anyone
present to speak.
Dubuque Girls' Independent
League Ballfield Fencing
Project: Proofs of publicatiorL
on notice of hearing on plans
and specifications and notice
to bidders on the receipt of
bids, and City Manager rec-
ommending award of the con-
tract for the Dubuque Girls'
Independent League Project to
Pride Fencing and
Landscaping in the amount of
$54,111.47, upon motion_
received and filed. Markham
moved adoption of Resolution
No. 539-02 Adopting plans
and specifications for the pro-
ject and Resolution No. 540-
02 Awarding contract to Pride
Fencing and Landscaping.
Seconded by Cline. Motion
carried 7-0.
Shady Oaks Storm Sewer
Request to Vacate:. Proof of
publication on notice of hear-
ing to consider a request from
Ed Tschiggfrie to vacate a
twenty -foot wide storm sewer
easement over Lot 36 of
on notice of hearing to consid-
er the sale of a portion of City -
owned property on Tiffany
Ridge to the abutting property
owners and City Manager rec-
ommending approval,' upon
motion received and filed.
Buol moved adoption of
Resolution No. 542-02
Disposing of City interest in
Lot 1, Lot 2, Lot 3, Lot 4, Lot 5,
Lot 6, Lot 7, and Lot 8 of Block
4 of Tiffany Ridge, Dubuque,
Iowa. Seconded by
Nicholson. Motion carried 7-
0.
Lease Agreement with
ConAgra, Inc.: Proof of publi-
cation on notice of hearing to -
consider
disposing of interest
in real property by lease agree-
ment with ConAgra Foods,
Inc. d/b/a Peavey Company
for property on the Twelfth
Street Extension and City
Manager recommending
approval, upon motion
received and filed. Michalski
moved adoption of Resolution
No. 543-02 Disposing of an
interest in real property by
lease agreement with ConAgra
Foods, Inc. d/b/a/ Peavey
. Seconded Company. n
p Y by
Connors. Motion carried 7-0.
Fiscal Year 2003 Budget
Amendment: Proof of publica-
tion on notice of hearing to_
consider the first amendment
to the Fiscal Year 2003 budget
and City Manager recom-
mending approval, upon
motion received and filed.
Cline moved adoption of
Resolution No. 544-02
Amending the current budget
for the Fiscal Year ending June
30, 2003. Seconded by_
Nicholson. Motion carried 7-
0.
2000 Sidewalk Installation
Program: Proofs of publica-
tion 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 for the
2000 Sidewalk Installation
Program to Perry Construction
in the amount of $24,985.34,
upon motion received and
filed. Cline moved adoption of
Resolution No. 545-02.
Adopting plans and specifica-
tions for the project;
Resolution No. 546-02
Rescinding Resolution #472-_
00 and approving in lieu there-
of a new Resolution of
Necessity with respect to the
adoption of the 2000 Sidewalk
Installation Program;
Resolution No. 547-02
Awarding contract to Perry
Construction. Seconded by
Nicholson. Motion carried 7-
0.
Flora Park Rest Room
Project: Proofs of publication
on notice of hearing on plans
and specifications and notice
to bidders on the receipt of
bids, and City Manager rec-
ommending award of the con-
tract for the Flora Park Rest
Room Project to S & S
Construction in the amount of
$119,000, upon motion
received and filed. Markham
moved adoption of Resolution
No. 548-02 Adopting plans
and specifications for the pro-
ject and Resolution No. 549-
02 Awarding contract to S & S
Construction. Seconded by
Cline. Motion carried 7-0.
First Street and Main Street_
Lighting Project: Proofs of
publication on notice of hear-
ing on plans and specifications
and notice to bidders on the
receipt of bids, and City
publication on notice of hear-
ing on plans and specifications
and notice to bidders on the
receipt of bids, and City
Manager recommending
award of the contract for the
Port of Dubuque Phase #3
(Utilities) Project to WC
Stewart Construction in the
amount of $337,837.45, upon
motion received and filed.
Cline moved adoption of
Resolution No. 552-02
Adopting plans and specifica-
tions for the project and
Resolution No. 553-02
Awarding contract to WC
Stewart Construction.
Seconded by Nicholson..,
Motion carried 7-0.
Upon motion the rules were
reinstated limiting discussion
to the Council.
ACTION ITEMS
Michele Harry - Request to
Address the Council:, Request
of Michele Harry to address
the City Council to present the
current results of the petition-
ing being performed in the
north end community regard-
ing the open water way, upon
motion received and filed.
Michelle Harry spoke citing
9
statistical information of those
petitioners in favor of the open
water way and requested no
more delays in commence-
ment of action to alleviate the
flooding.
Petitions submitted by
Michele Harry, upon motion
received and filed.
Mayor Duggan turned control
of the meeting to Mayor Pro-
Tem Buol due to possible con-
flict of interest.
Mississippi Valley Truck
Center, Inc. Property: City
Manager recommending
approval of the commence-
ment of eminent domain pro-
ceedings for acquisition of the
property of Mississippi Valley
Truck Center, Inc. in the Port
of Dubuque, upon motion
received and filed. Cline
moved adoption of Resolution
No. 554-02 Authorizing the
commencement of proceed-
ings for the acquisition by emi-
nent domain of real property
owned by Mississippi, Valley
Truck Center, Inc. Seconded
by Nicholson. Motion carried
6-0.
Mayor Duggan resumed con-
trol of the meeting.
Installation of Stop Signs
Vernon Street at Glen Oak
Street: City Manager recom-
mending approval of the
installation of stop signs on
Vernon Street at Glen Oak
Street, upon motion received
and filed. Ordinance No. 81-
02 Amending the Code of
Ordinances of the City of
Dubuque, Iowa, by modifyin
Subsection (b) of Section 32-
214 thereof providing for the
addition of stop signs on
Vernon Street at Glen Oak,
presented and read.
Markham 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 con-
sideration and passage of the
Ordinance. Seconded by
Nicholson. Motion carried 7-
0.
Seventeenth Street - No
Parking Area: , City Manager
recommending approval of the
creation of a new "No Parking"
district between the hours of
5:00 a.m. and 5:00 p.m. and
that the south side of 17th
the requirement that a pro-
posed Ordinance be consid-
ered and voted on for passage
at two Council Meetings prior
to the meeting at which it is to
be finally passed be suspend-
ed and further moved final
consideration and passage of
the Ordinance. Seconded by
Michalski. Motion carried 7-0._
Wild Wood Estates - Final
Plat: City Manager recom-
mending approval of the final
plat of Wild Wood Estates, a
new residential development
off of North Cascade Road in
Dubuque County, upon motion
received and filed. Cline
moved adoption of Resolution
No. 555-02 Approving the,,
final plat of Wild Wood Estates
in Dubuque County, Iowa.
Seconded by Nicholson.
Motion carried 7-0.
Disposition of Lamar
Billboards on John F. Kennedy
Road and First Street: City
Manager recommending that
Lamar Advertising be issued a
notice of violation for the bill-_
boards on John F. Kennedy
Road (Calcars Hyundai) and
First Street (U.S. Cellular)
which would allow the bill-
boards to remai
n until the
advertising contracts have
lapsed, at which time the on -
premise copy would be
removed or subject to civil
citation, upon motion received,
and filed and approved.
Sunset Ridge Repaving
Request: Communication from
Douglas M. Henry, represent-
ing residents of Sunset Ridge,
requesting the repaving of
Sunset Ridge as a public
street, and additional commu-
nication from Douglas Henry,
upon motion received and_
filed.
Attorney Doug Henry, repre-
senting Sunset Ridge property
owners, spoke in support of
the proposed Resolution.
Buol moved adoption of
Resolution No. 556-02
Acknowledging the accep-
tance of Sunset Ridge as a
public street of the City of_
Dubuque. Seconded by
Nicholson. Carried by the fol-
lowing vote: Yeas —Markham,
Michalski, Nicholson, Buol,
Cline, Connors. Nays —
Duggan.
Citizens Committed to Our
Communities: Communication
from Arnold N. Honkamp, Co -
Chair of the PAC Committee_
"Citizens Committed to Our
Communities" requesting that
the City Council pass a resolu-
tion extolling the benefits to
the community of Dubuque's
two gambling facilities and
urging all Dubuquers to vote
Yes -Yes on November 5,
2002, presented and read.
Carrie Zaber, Diamond Jo_j
Casino, spoke in support of
the gaming referendum.
Nicholson moved that that
the communication be
received and filed and that
staff prepare a Resolution of
Support. Seconded by Cline.
Carried by the following vote:
Yeas —Markham, Michalski,
Nicholson, Buol, Cline,_
Connors. Nays —None.
Abstain —Duggan.
John F. Kennedy Road -
Removal of "No Parking"
Restriction (First Reading on
September 3, 2002; Second
Reading on September 16,
2002), upon motion received
and filed. Ordinance No. 83- ,
02 Amending Section 32-262J
(d) of the City of Dubuque
Code of Ordinances, prohibit-
ing parking on designated
Senior High School student
who was in attendance at the
meeting. Cline commended
the young teenagers who
cleaned up City Island.
Michalski praised the great
collaborative effort put forth to
get the Four Mounds accepted
on the National Historic
Register.
PUBLIC INPUT
Darren White, a candidate for
County Supervisor, spoke
introducing himself and com-
mented he would work with
the City regarding the Land
Use Map.
At 8:06 P.M. upon motion it
was resolved to go into Closed
Session re: Property
Acquisition - Chapter 21.5(1)(j)
2001 Code of Iowa.
At 9:01 P.M. Council recon-
vened Regular Session stating
that staff had been given prop-
er direction.
There being no further busi-
ness, upon motion meeting
adjourned at 9:02 P.M.
/s/ Jeanne F. Schneider, CMC
City Clerk
it 10/16
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Tammy M Feldmann, a Billing Clerk for Woodward Communications, Inc., an
Iowa corporation, publisher of the Telegraph Herald,a newspaper of general
circulation published in the City of Dubuque, County of Dubuque and State of
Iowa; hereby certify that the attached notice was published in said newspaper on
the following dates: October 16, 2002, and for which the charge is $247.52.
Subscribed to before me, otary Public in and for Dubuque County, Iowa,
this /'f day of �,�, ,c) , 20 0�2/
Notary Public in and for Dubuque County, Iowa.
k
•
/OWp
MAA+f IL VONYNNMNYNN
Commission Number 154885
My Comm. Exp. FEB. 1, 2005