Proof Council Min 10 21 02United States
pUblica{ion on noth:e of hear-
566-02 ing tO cbeeider a voluntary 02 Aw0rding contract tO Drew
the i~suance annexation request from Cook & Sons forthe ced~truc-
Grandview Avenue United ti0n of approximately 1,700
Methodist and feet. ct 12 ihch dusti~e iron
C ass ~C"
mofioh recei~d and filed.
MichalskL moved adopti0O of
ReSOtst~0n NO. 567~02
No.
~'DUBUQUE, IOWA
publish notice in the
presoHhed by law and
Resolution No. 569-02
Ordering bids. $~conded by
Markham. Mot[on carried 7-0.
PeK of Dubuque L~d'Sale:
CtiY Manager r~commending
that a publi~ hearing be set for
Ndvember 25. 2002to cons[d-
er-the sale of property in the
f Dubuoue ~0 Dubuabe
motior
Michalski
(1) Approving th~
urban
the Offer to Buy Real
557-02
comme~ce at
of Bums and
fineily ~assed be suspended
and fur[her moved final con-
sideration and passage of the
Ordinance. Seconded by
0. Buei moved adoption of
Annexing certain 'proper:ty.
on Radford Road from C-2
Neighborhood Shopping
Friedman/Radfor~ Road
and filed.
rog.
Amending Appendix A (the
OrdinanCes by reclaseifying
hereinafter described property
lhe Ordinance. Seconded by
Micheisk~ levee
adoption of ~
on notice of hearing to consid-
Resolution No. 559~92 er the sale of General
3f an . Obligation Bonds in an amount
P, esolution not to exceed $3,300,000 to
Funding - Finding that the I support the new water tower
Public Outreach for the and water main alon~, the
Downtown Master Plan. PJan is n~cessery in the inter-, Northwest Ar~eriei and City
Seconded Nicholson. est of the public health, safety Manager recommending
and welfare of the residents of approvei, upon motion
received and filed Markham
moved adoption of Resolution
NO. 573-02. instituting pro-
ceedings to take additional
action for the issuance of t~ot
~ to exceed 83,300.000 General
~ Ob~g~fion Bonds, Seconded
, by Bedl. Motion carried 7-0.
Bond Sale to Refund
$3,100,000 General Obligafi
Bonds: Proof of pubticsti
on 'notice of hearlng tO ednSl
e~ the sale of Gene
Obligation Bonds in an amo[
not to exceed $650,000 for t
purpOse Of ~fundi
$3,100,000 General Obligatib
Bonds and City Manager rs(
ommending approval apo
motion reoeiv~:l and file(
Markham moved edopfion el'
Resoludon No. 574-02
~nyone
575~(Y2
request of the~a
General
for
ssessmerits in Alternate; Two-Family
Reeidential District to R-4
NO.
at th~
Alternate
in the final con- publication On notice of hear-
577-02
contract
Exbavatin
acces~
.the Northwest
atthe intersec-
f 20 and contin-
to the 'Council.
ACTION ITEMS
Cohvedtion and Visitors
Bureau: Request of
Czeshinski. Conventior
received and ~ed.
Czeshinski gave
repel
Loca Option
Services Tax
adoption Of
Resolution No. 584-02
.the Dubu
Seconded by
Motion carried 7-5,
tion of gaming, in Dubuque
County, Iowa_ Seconded by
Nichelson. Motin~ carried 7-
Be~ Branch Consultant
Selection: City Manager rec-
ommending approval of the
selecSo~ of MSA P~fessional
Services MSA) as the
Engineering Consulting Fiffn to~-
conduct a second studyof the
See Branch Drainage Basin,
presented and read.
Ninhelson movec to receive
end ~e and approve the rec-
ommendstion. Seconded by
Conners. Motion ~afled due to
the following vote: Yeas--
Duggan, Nicholson. Nays--
Markham, Minhalski, Buei,
Cline, Connors. Buol reeved
that Staff bring back the oH i-
hal plan. Seconded ~y
C~nnors; Canied by the fei-
lowing vote: Yeas--Markham
Micheiski. Nicholson, BUCt.
Cline, Conners. Nays--
DU gan.
~e folinwing was removed
Community
(Program Year 2002) annual
(CDBG) funds .
]]qe Ma~or turned control of
filed aha
At 8:14 P,M. u motion it
STATE OF IOWA
DUBUQUE COUNTY
{SS:
CERTIFICATION OF PUBLICATION
[, Tammy M Feldmann, a Billing Clerk for Woodward CommunJ
Iowa corporation, publisher of the Telegraph Herald,a newspaper
czrculation published in the City of Dubuque, County of Dubuqui
Iowa; hereby certify that the attached notice was published in sai(
the following dates: October 30, 2002, and for which the charge i
Subscribed to before me, a Notary Public in and
tUs day ,20
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CITY OF DUBUQUE, IOWA
IA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Monday,
October 21, 2002
Council met for Dinner at 5:00
P.M. in the Second Floor
Library Rotunda.
Council met in Special
Session at 5:30 P.M. in the
Public Library Auditorium
Present: Mayor Duggan,
Council Members Buol, Cline,
Connors, Duggan, Markham,
Michalski, Nicholson, City
Manager Michael Van Milligen,
ssistant City Attorney Tim
O'Brien.
Mayor Duggan read the call
and stated this is a special
session of the City Council
called for the purpose of dis-
cussing the design of the pro-
posed Public Works facility.
Don Vogt, Operations and
Maintenance Manager, spoke
introducing the committee
members in attendance, who
were Jon Wallenkamp of
Kueny Architects LLC, Bob
Green, Water Plant Manager,
Mike Brekke of the Water
Department, John Klosterman,
Street - Maintenance
Supervisor, and Rich Russell,
Building Department Manager.
Jon Wallenkamp then gave a
presentation on the proposed
facility with Bob Green and
Mike Brekke clarifying aspects
of the proposed new facility.
There being no further busi-
ness, upon motion meeting
adjourned at 6:09 P.M.
/s/ Jeanne F. Schneider, CMC
City Clerk
damage, upon motion
received and filed and con-
curred.
Corporation Counsel recom-
mending denial of the claims
of Paul Beyer for vehicle dam-
age; Darryl Galle for property
damage; Richard J. Hartig for
property damage; Marty
Meisenburg for property dam-
age; Garry Pape for property
damage; Mike Portzen of
Portzen Construction for loss
of revenue, upon motion
received and filed and con-
curred.
Citizen Communications:
Communication from Eugene
F. Schmidt regarding the
replacement of trees in
Dubuque and environs, upon
motion received and filed and
referred to the City Manager.
Communication from the
Board of Directors of the
Dubuque -Jackson Counties
Habitat for Humanity regarding
storm water run-off problems
on lots at 10 Nevada Street
and 1431 YM/YW Drive, upon
motion received and filed and
referred to the City Manager.
Communication from Gary W.
Reid in support of the pro-
posed Wal-Mart Store on the
former FDL property and urg-
ing the City to provide incen-
tives, if necessary, upon
motion received and filed and
referred to the City Manager.
Communication from
Christopher and Jennifer
Kennedy requesting to pur-
chase a portion of City -owned
property behind 2345
Roosevelt and 2349 Roosevelt
Street, upon motion received
and filed and referred to the
City Manager.
United States Department of
the Interior: Communication
from the United States
Department of the Interior
advising that the City's appli-
cation for a Fiscal Year 2002
Save America's Treasures
Historic Preservation Fund
grant for the Dubuque Shot
Tower was not selected for
funding, upon motion received
and filed.
International Total Services,
Inc.: Communication from
Scott E. Brewer, International
Total Services, Inc., advising
that they have been required
to cease its pre -board screen-
ing services at the Dubuque
Municipal Airport as the
Federal government will be
taking over this operation,
upon motion received and
filed.
Tower Hills Drive:
Communication from Thomas,
J. Straka, representing Brian
Feldman, notifying the City
that Mr. Feldman has denied a
request from Ed Tschiggfrie to
relinquish his private drive at
the end of Tower Hills Drive in
Key West to the City for the
purpose of making it a public
street and requesting that he
be notified if this subject
comes before the City Council,
upon motion received and
filed.
Dubuque County Board of
Supervisors: Communication
from Donna L. Smith,
Dubuque County Board of
Supervisors, advising that they
have adopted the proposed
Comprehensive Land Use
Development Plan and Future
Land Use Development Map,
upon motion received and
filed.
Mediacom: Communication
from Mediacom
Communications Corporation
advising of a channel line-up
change, upon motion received
and filed.
Fitz Place - Plat of Survey:
Zoning Advisory Commission
recommending approval of the
Plat of Survey of Lots 1
through 5 of Fitz Place, locat-
ed at 3232 Sheridan Road, at
the request of John Fitz, upon
motion received and filed.
Michalski moved adoption of
Resolution No. 557-02
Approving the Plat of Survey
of Lots 1 through 5 of Fitz
Place. Seconded by
Nicholson. Motion carried 7-
0.
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular
Session, October 21, 2002
Council met in Regular
Session at 6:30 P.M. in the
Public Library Auditorium
Present: Mayor Duggan,
Council Members Buol, Cline,
Connors, Markham, Michalski,
Nicholson, City Manager
Michael Van Milligen, Assistant
City Attorney Tim O'Brien.
Mayor Duggan read the call
and stated this is the Regular
Session of the City Council
called for the purpose of dis-
cussing such matters which
may properly come before the
City Council.
The invocation was given by
Sister Dorothy Heiderscheit,
President of the Sisters of St.
Francis.
Proclamations: Childhood
Lead Poisoning Prevention
Week (October 20 - 26, 2002)
received by Mary Rose
Corrigan and Michelle Lowe;
Red Ribbon Week (October 23
- 31, 2002) received by Aaron
Donath and Brett Mueller.
CONSENT ITEMS
Minutes Submitted: Airport
r:nmmiccinn of 9/26: City
Northrange Industrial Park
No. 3 - Plat of Survey: Zoning
Advisory Commission recom-
mending approval of the Plat
of Survey of Northrange
Industrial Park No. 3, located
on Pennsylvania Avenue, at
the request of Steve Smith,
upon motion received and
filed. Michalski moved adop-
tion of Resolution No. 558-02
Approving the Plat of Survey
of Northrange Industrial Park
No. 3 in the City of Dubuque,
Iowa. Seconded by
Nicholson. Motion carried 7-
0.
Downtown Master Plan -
American Architectural
Foundation for Public
Outreach Grant Application:
City Manager recommending
approval of a $3,000 American
Architectural Foundation grant
application for public outreach
education programs to intro-
duce. the Downtown Master
Plan to the Dubuque commu-
nity, upon motion received and
filed. Michalski moved adop-
tion of Resolution No. 559-02
Approving the submittal of an
application for American
Architectural Grant Funding -
Public Outreach for the
Downtown Master Plan.
Seconded by Nicholson.
Motion carried 7-0.
Subgrantee Agreement with
Dubuque County Historical
Society: City Manager recom-
mending approval of a
Subgrantee Agreement with
the Dubuque County Historical
Society for the National Scenic
Byways Grant for design and
construction of exhibits for the
Great River Road Interpretive
Center, upon motion received
and filed and approved recom-
tract amount of $5,789,960,
upon motion received and
filed. Michalski moved adop-
tion of Resolution No. 562-02
Accepting improvement and
Resolution No. 563-02
Approving final estimate.
Seconded by Nicholson.
Motion carried 7-0.
Lease with the Dubuque
County Historical Society:
City Manager recommending
approval of a short-term lease
agreement with the Dubuque
County Historical Society for
the old United Rentals Building
at 301 Iowa for use as a stor-
age building, upon motion
received and filed and
approved recommendation.
Platinum Holdings, L.L.C.:
City Manager recommending
approval of a Consent and
Subordination to Second
Mortgage Agreement for
Platinum Holdings, L.L.C. and
communication from Wayne. A.
Norman, Jr., representing
American Trust and Savings
Bank, requesting Council
approval of a Consent and
Subordination to Second
Mortgage agreement, upon
motion received and filed.
Michalski moved adoption of
Resolution No. 564-02
Approving Consent and
Subordination to Second
Mortgage Agreement for
Platinum Holdings, L.L.C. in
favor of American Trust and
Savings Bank. Seconded by
Nicholson. Motion carried 7-
0.
Business Licenses: Michalski
moved adoption of Resolution
No. 565-02 Approving the
renewal of a license to sell
Cigarettes and Cigarette
Papers in the City of Dubuque
to Cooper Management LLC
and Resolution No. 566-02
Granting the issuance of a
Class "C" Beer/Liquor License
to Bridge Restaurant and
Scandals; Special Class "C"
Liquor License to Grape
Harbor; and Class "B" Wine
Permit to Family Mart.
Seconded by Nicholson.
Motion carried 7-0.
ITEMS TO BE SET FOR
PUBLIC HEARING
City Hall Annex Roof
Replacement Project: City
Manager recommending initia-
tion of the bidding process for
the City Hall Annex Roof
Replacement Project and set-
ting a public hearing for
November 18, 2002, upon
motion received and filed.
Michalski moved adoption of
Resolution No. 567-02
Preliminary approval of plans
and specifications; Resolution
No. 568-02 Fixing date of
hearing on plans and 'specifi-
cations for 11/18/02 at a meet-
ing to commence at 6:30 P.M.
in the Public Library auditori-
um and that the City Clerk
publish notice in the manner
prescribed by law and
Resolution No. 569-02
Ordering bids. Seconded by
Markham. Motion carried 7-0.
Port of Dubuque Land Sale:
City Manager recommending
that a public hearing be set for
November 25, 2002 to consid-
er the sale of property in the
Port of Dubuque to Dubuque
Initiatives, upon motion
received and filed. Michalski
moved adoption of Resolution
No. 570-02 (1) Approving the
minimum requirements, com-
petitive criteria, offering proce-
dures for disposition of certain
urban renewal property; (2)
determining that the Offer to
Buy Real Estate and
Acceptance submitted by
Dubuque Initiatives satisfies
the offering requirements and
declaring the intent of the City
to sign the Offer to Buy Real
Estate and Acceptance with
Dubuque Initiatives in the
event that no competing pro-
posals are submitted, and (3)
soliciting competing proposals
and further setting this for
Public Hearing on 11/25/02 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 Markham.
Motion carried 7-0.
ARC Urban Revitalization
Plan: City Manager recom-
mending rejection of a request
from Area Residential Care to
create a new Urban
Revitalization District and that
this item not be set for. public
hearing on November 4, 2002
to consider designating the
ARC Urban Revitalization
District and communication
from the Long Range Planning
Commission regarding the
ARC Urban Revitalization Plan,
upon motion received and
filed.
Jon Romaine, representing
Area Residential Care, spoke
in favor of the designation of
an Urban Revitalization
District, stressing its necessity
for this project which would
give more independence to
the ARC residents.
Elena Welsh, of Burns and
Burns Architects, spoke
requesting this designation
and clarifying the financing
gap of $33,000.
Buol moved adoption of
Resolution No. 571-02
Finding that the designation of
the ARC Urban Revitalization
Plan is necessary in the inter-
est of the public health, safety
and welfare of the residents of
the City of Dubuque, Iowa and
providing for a public hearing
thereon and further setting this
for Public Hearing on 11/4/02
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 Markham.
Carried by the following vote:
Yeas —Markham, Michalski,
ing to consider amending the
University of Dubuque ID
Institutional District located
north of U.S. Highway 20, 800
feet east of Devon Drive, to
allow construction of new stu-
dent apartments and Zoning
Advisory Commission recom-
mending approval, upon
motion received and filed.
Tracy Wagner, representing
the University of Dubuque,
introduced other individuals
available to respond to ques-
tions and spoke in support of
the adoption of the Ordinance.
Michelle Maiers, a student at
the University of Dubuque,
spoke in favor of the proposed
project.
Laura Lamb, 2240 Pasadena,
also spoke in support.
Ordinance No. 84-02
Amending Appendix A (the
Zoning Ordinance) of the City
of Dubuque Code of
Ordinances by providing for
the amendment of Ordinance
48-02, which adopted regula-
tions for the University of
Dubuque ID Institutional
District and approving an
amended Conceptual
Development Plan for the
University of Dubuque ID
Institutional District, presented
and read. Michalski moved
that the requirement that a
proposed Ordinance be con-
sidered and voted on for pas-
sage at two Council Meetings
prior to the meeting at which it
is to be finally passed be sus-
pended and further moved
final consideration and pas-
sage of the Ordinance.
Seconded by Nicholson.
Motion carried 7-0.
Grandview Avenue United
Methodist Church: Proof of
publication on notice of hear-
ing to consider a voluntary
annexation request from
Grandview Avenue United
Methodist Church and City
Manager recommending
approval and proof of publica-
tion on notice of hearing to
consider rezoning property
located southwest of John
Wesley Drive and north of
Asbury Plaza from County A-1
Agricultural to CS Commercial
Service and Wholesale
District, concurrent with
approval of a voluntary annex-
ation request, and Zoning
Advisory Commission recom-
mending approval, upon
motion received and filed.
Mac Klingler, 11696 King
Arthur Ct., spoke in support.
Ordinance No. 85-02
Amending Appendix A (the
Zoning Ordinance) of the City
of Dubuque Code of
Ordinances by reclassifying
hereinafter described property
located southwest of John
Wesley Drive and north of
Asbury Road from Dubuque
County A-1 Agricultural
District to City of Dubuque CS
Commercial Service and
Wholesale District, concurrent
with annexation, presented
and read. Buol moved that the
requirement that a proposed
Ordinance be considered and
voted on for passage at two
Council Meetings prior to the
meeting at which it is to be
finally passed be suspended
and further moved final con-
sideration and passage of the
Ordinance. Seconded by
Nicholson. Motion carried 7-
0. Buol moved adoption of
Resolution No. 572-02
Annexing certain property.
Seconded by Nicholson.
Motion carried 7-0.
Radford Road - Request to
Rezone: Proof of publication
on notice of hearing to consid-
er rezoning property located
on Radford Road from C-2
Neighborhood Shopping
Center District to PC Planned
Commercial District at the
request of Patricia
Friedman/Radford Road
Development and Zoning
Advisory Commission recom-
mending approval and com-
munication from Mary Janice
Giesler requesting that side-
walks be installed on Radford
Road, upon motion received
and filed.
Patricia Friedman spoke in
favor of the proposed rezon-
ing Ordinance No. 86-02
Amending Appendix A (the
Zoning Ordinance) of the City
of Dubuque Code of
Ordinances by reclassifying
hereinafter described property
located on Radford Road from
C-2 Neighborhood Shopping
Center District to PUD Planned
Unit Development District with
a PC Planned Commercial
District designation, presented
and read. Buol moved that
the requirement that a pro-
posed Ordinance be consid-
ered and voted on for passage
at two Council Meetings prior
to the meeting at which it is to
be finally passed be suspend-
ed and further moved final
consideration and passage of
the Ordinance. Seconded by
Nicholson. Motion carried 7-
0.
Bond Sale to Support Water
Projects: Proof of publication
on notice of hearing to consid-
er the sale of General
Obligation Bonds in an amount
not to exceed $3,300,000 to
support the new water tower
and water main along the
Northwest Arterial and City
Manager recommending
approval, upon motion
received and filed. Markham
moved adoption of Resolution
No. 573-02 Instituting pro-
ceedings to take additional
action for the issuance of not
to exceed $3,300,000 General
Obligation Bonds. Seconded
by Buol. Motion carried 7-0.
Bond Sale to Refund
$3,100,000 General Obligation
Bonds: Proof of publication
on notice of hearing to consid-
e. +ha calf Of General
construction of approximately
1,400 feet of 12 inch ductile
iron watermain with acces-
sories along Pennsylvania
Avenue from the Northwest
Arterial west to the
Pennsylvania water tank.
Seconded by Buol. Motion
carried 7-0.
Fourth Zone Water Tower
Project: Proofs of publication
on notice of hearing and notice
to bidders on the receipt of
bids for the Fourth Zone Water
Tower Project and City
Manager recommending
award of the contract to
Landmark Structures I, L.P. in
the contract amount of
$1,206,000, upon motion
received and filed. Cline
moved adoption of Resolution
No. 578-02 Approval of plans
and specifications and
Resolution No. 579-02
Awarding contract to
Landmark Structures I, L.P. of
Fort Worth, Texas for the con-
struction of a 1.25 million gal-
lon composite elevated water
tower with accessories on
John F. Kennedy Road.
Seconded by Nicholson.
Motion carried 7-0.
Old U.S. Highway 20
Watermain Extension Phase II
Project: Proofs of publication
on notice of hearing and notice
to bidders on the receipt of
bids for the Old U.S. Highway
20 Watermain Extension
Phase II Project and City
Manager recommending
award of the contract to Drew
Cook & Sons in the contract
amount of $77,603.50, upon
motion received and filed.
Cline moved adoption of
Resolution No. 580-02
Adopting plans and specifica-
tions and Resolution No. 581-
02 Awarding contract to Drew
Cook & Sons for the construc-
tion of approximately 1,700
feet of 12 inch ductile iron
watermain with accessories
along the north side of Old
U.S. Highway 20 starting at the
intersection of Radford Road
and Old Highway 20 continu-
ing to the west. Seconded by
Nicholson. Motion carried 7-
0.
Ice Harbor Retention Basin
Pump Improvement Project:
Proofs of publication on notice
of hearing and notice to bid-
ders on the receipt of bids for
the Ice Harbor Retention Basin
Pump Improvement Project
and City Manager recom-
mending award of the contract
to M-Z Construction, upon
motion received and filed.
Michalski moved adoption of
Resolution No. 582-02
Approval of plans and specifi-
cations and Resolution No.
583-02 Awarding contract.
Seconded by Cline. Motion
carried 7-0.
Upon motion the rules were
reinstated limiting discussion
to the Council.
ACTION ITEMS
Convention and Visitors
Bureau: Request of Sue
Czeshinski, Convention and
Visitors Bureau, to give an oral
report of Bureau activities dur-
ing the first quarter of Fiscal
Year 2003, upon motion
received and filed. Sue
Czeshinski gave a verbal
report.
Local Option Sales and
Services Tax - Dubuque
Community School District:
Michalski moved adoption of
Resolution No. 584-02
Recognizing the importance of
adequate school facilities by
supporting the Dubuque
Community School District
Board of Education in its pro-
posal to Dubuque County vot-
ers to authorize a one -percent
(1 %) local option sales and
services tax for school infra-
structure purposes.
Seconded by Nicholson.
Motion carried 7-0.
Gaming Referendum: Buol
moved adoption of Resolution
No. 585-02 Supporting the
referendum on the continua-
tion of gaming in Dubuque
County, Iowa. Seconded by
Nicholson. Motion carried 7-
0.
Bee Branch Consultant
Selection: City Manager rec-
ommending approval of the
selection of MSA Professional
Services (MSA) as the_
Engineering Consulting Firm to
conduct a second study of the
Bee Branch Drainage Basin,
presented and read.
Nicholson moved to receive
and file and approve the rec-
ommendation. Seconded by
Connors. Motion failed due to
the following vote: Yeas —
Duggan, Nicholson. Nays —
Markham, Michalski, Buol,
Cline, Connors. Buol moved
that Staff bring back the origi-
nal plan. Seconded by
Connors. Carried by the fol-
lowing vote: Yeas —Markham,
Michalski, Nicholson, Buol,
Cline, Connors. Nays —
Duggan.
The following was removed
from the Agenda: Fiscal Year
2003 Annual Action Plan -
Amendment 2. City Manager
recommending approval of an
amended and restated Fiscal
Year 2003 Annual Plan for the
City's Community
Development Block Grant
(CDBG) program. A Resolution
Approving an amended and
restated Fiscal Year 2003
(Program Year 2002) annual
plan for Community
Development Block Grant
(CDBG) funds
The Mayor turned control of
the meeting to Mayor Pro-Tem
Buol due to possible conflict of
interest.
Offer to Buy Real Estate and
Acceptance - Robert and Lynn
Miller and Dubuque
Hardwoods, Inc.: City
Manager recommending that
the City approve the Offer to
Buy Real Estate and
STATE OF IOWA
DUBUQUE COUNTY
CERTIFICATION OF PUBL
I, Tammy M Feldmann, a Billing Clerk for We
Tncxra r•nrnnration n„hlisher of the Telegran H
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Monday,
October 21, 2002
Council met for Dinner at 5:00
P.M. in the Second Floor
Library Rotunda.
Council met in Special
Session at 5:30 P.M. in the
Public Library Auditorium
Present: Mayor Duggan,
Council Members Buol, Cline,
Connors, Duggan, Markham,
Michalski, Nicholson, City
Manager Michael Van Milligen,
Assistant City Attorney Tim
O'Brien.
Mayor Duggan read the call
and stated this is a special
session of the City Council
called for the purpose of dis-
cussing the design of the pro-
posed Public Works facility.
Don Vogt, Operations and
Maintenance Manager, spoke
introducing the committee
members in attendance, who
were Jon Wallenkamp of
Kueny Architects LLC, Bob
Green, Water Plant Manager,
Mike Brekke of the Water
Department, John Klosterman,
Street - Maintenance
Supervisor, and Rich Russell,
Building Department Manager.
Jon Wallenkamp then gave a
presentation on the proposed
facility with Bob Green and
Mike Brekke clarifying aspects
of the proposed new facility.
There being no further busi-
ness, upon motion meeting
adjourned at 6:09 P.M.
/s/ Jeanne F. Schneider, CMC
City Clerk
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular
Session, October 21, 2002
Council met in Regular
Session at 6:30 P.M. in the
Public Library Auditorium
Present: Mayor Duggan,
Council Members Buol, Cline,
Connors, Markham, Michalski,
Nicholson, City Manager
Michael Van Milligen, Assistant
City Attorney Tim O'Brien.
Mayor Duggan read the call
and stated this is the Regular
Session of the City Council
called for the purpose of dis-
cussing such matters which
may properly come before the
City Council.
The invocation was given by
Sister Dorothy Heiderscheit,
President of the Sisters of St.
Francis.
Proclamations: Childhood
Lead Poisoning Prevention
Week (October 20 - 26, 2002)
received by Mary Rose
Corrigan and Michelle Lowe;
Red Ribbon Week (October 23
- 31, 2002) received by Aaron
Donath and Brett Mueller.
CONSENT ITEMS
Minutes Submitted: Airport
Commission of 9/26; City
Council of 10/7; Housing Code
Appeals Board of 8/20; Human
Rights Commission of 9/9;
Long Range Planning
Commission of 10/18;
Plumbing Board of 10/8;
Zoning Advisory Commission
of 10/2; Zoning Board of
Adjustment of 9/26, upon
motion received and filed.
Proofs of publication of City
Council Proceedings of 9/26
and List of Claims and
Summary of Revenues for
month ending August 31,
2002, upon motion received
and filed.
Printed City Council Official
Proceedings for August, 2002,
upon motion approved as
printed.
Finance Director submitting
the City of Dubuque Financial
Reports for the month ending
September 30, 2002, upon
motion received and filed.
Notice of Claims/Suits:
American Trust and Savings
Bank for property damage;
Paul Beyer for property dam-
age; Hartig Drug Company for
property damage; Nancy M.
and Lynn J. Kalina for person-
al injury; Mike Kilcoyne for
property damage; Garry
Swank for property damage,
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:
American Trust and Savings
Bank for property damage and
Garry Swank for property
and filed and referred to the
City Manager.
United States Department of
the Interior: Communication
from the United States
Department of the Interior
advising that the City's appli-
cation for a Fiscal Year 2002
Save America's Treasures
Historic Preservation Fund
grant for the Dubuque Shot
Tower was not selected for
funding, upon motion received
and filed.
International Total Services,
Inc.: Communication from
Scott E. Brewer, International
Total Services, Inc., advising
that they have been required
to cease its pre -board screen-
ing services at the Dubuque
Municipal Airport as the
Federal government will be
taking over this operation,
upon motion received and
filed.
Tower Hills Drive:
Communication from Thomas,
J. Straka, representing Brian
Feldman, notifying the City
that Mr. Feldman has denied a
request from Ed Tschiggfrie to
relinquish his private drive at
the end of Tower Hills Drive in
Key West to the City for the
purpose of making it a public
street and requesting that he
be notified if this subject
comes before the City Council,
upon motion received and
filed.
Dubuque County Board of
Supervisors: Communication
from Donna L. Smith,
Dubuque County Board of
Supervisors, advising that they
have adopted the proposed
Comprehensive Land Use
Development Plan and Future
Land Use Development Map,
upon motion received and
filed.
Mediacom: Communication
from Mediacom
Communications Corporation
advising of a channel line-up
change, upon motion received
and filed.
Fitz Place - Plat of Survey:
Zoning Advisory Commission
recommending approval of the
Plat of Survey of Lots 1
through 5 of Fitz Place, locat-
ed at 3232 Sheridan Road, at
the request of John Fitz, upon
motion received and filed.
Michalski moved adoption of
Resolution No. 557-02
Approving the Plat of Survey
of Lots 1 through 5 of Fitz
Place. Seconded by
Nicholson. Motion carried 7-
0.
Northrange Industrial Park
No. 3 - Plat of Survey: Zoning
Advisory Commission recom-
mending approval of the Plat
of Survey of Northrange
Industrial Park No. 3, located
on Pennsylvania Avenue, at
the request of Steve Smith,
upon motion received and
filed. Michalski moved adop-
tion of Resolution No. 558-02
Approving the Plat of Survey
of Northrange Industrial Park
No. 3 in the City of Dubuque,
Iowa. Seconded by
Nicholson. Motion carried 7-
0.
Downtown Master Plan -
American Architectural
Foundation for Public
Outreach Grant Application:
City Manager recommending
approval of a $3,000 American
Architectural Foundation grant
application for public outreach
education programs to intro-
duce the Downtown Master
Plan to the Dubuque commu-
nity, upon motion received and
filed. Michalski moved adop-
tion of Resolution No. 559-02
Approving the submittal of an
application for American
Architectural Grant Funding -
Public Outreach for the
Downtown Master Plan.
Seconded by Nicholson.
Motion carried 7-0.
Subgrantee Agreement with
Dubuque County Historical
Society: City Manager recom-
mending approval of a
Subgrantee Agreement with
the Dubuque County Historical
Society for the National Scenic
Byways Grant for design and
construction of exhibits for the
Great River Road Interpretive
Center, upon motion received
and filed and approved recom-
mendation.
Jaeger Heights No. 2 - Phase
Two: City Manager recom-
mending acceptance of the_
public improvements in Jaeger
Heights No. 2 - Phase Two
which the developer, Lloyd S.
Gudenkauf, has recently com-
pleted, upon motion received
and filed. Michalski moved
adoption of Resolution No.
560-02 Accepting improve-
ments in Jaeger Heights No. 2
- Phase Two. Seconded by
Nicholson. Motion carried 7-
0.
Cooperative Agreement for
EPA Grant: City Manager rec-
ommending approval of a
Cooperative Agreement with
the Environmental Protection
Agency (EPA) for a
Brownfields Assessment
Demonstration Pilot Program
in the amount of $200,000 to
complete Phase I and Phase 11
environmental assessments in
the Port of Dubuque, upon
motion received and filed.
Michalski moved adoption of
Resolution No. 561-02
Approving a Cooperative
Agreement with the
Environmental Protection
Agency for the Brownfields
Assessment Demonstration
Pilot Program for environmen-
tal assessments in the Port of
Dubuque. Seconded by
Nicholson. Motion carried 7-
0.
Fourth Street Parking Ramp
Project: City Manager recom-
mending acceptance of the
Fourth Street Parking Ramp
Construction Project as com-
pleted by Conlon
Construction, in the final con -
renewal of a ncense to Sell
Cigarettes and Cigarette
Papers in the City of Dubuque
to Cooper Management LLC
and Resolution No. 566-02
Granting the issuance of a
Class "C" Beer/Liquor License
to Bridge Restaurant and
Scandals; Special Class "C"
Liquor License to Grape
Harbor; and Class "B" Wine
Permit to Family Mart.
Seconded by Nicholson.
Motion carried 7-0.
ITEMS TO BE SET FOR
PUBLIC HEARING
City Hall Annex Roof
Replacement Project: City
Manager recommending initia-
tion of the bidding process for
the City Hall Annex Roof
Replacement Project and set-
ting a public hearing for
November 18, 2002, upon
motion received and filed.
Michalski moved adoption of
Resolution No. 567-02
Preliminary approval of plans
and specifications; Resolution
No. 568-02 Fixing date of
hearing on plans and 'specifi-
cations for 11/18/02 at a meet-
ing to commence at 6:30 P.M.
in the Public Library auditori-
um and that the City Clerk
publish notice in the manner
prescribed by law and
Resolution No. 569-02
Ordering bids. Seconded by
Markham. Motion carried 7-0.
Port of Dubuque Land Sale:
City Manager recommending
that a public hearing be set for
November 25, 2002 to consid-
er the sale of property in the
Port of Dubuque to Dubuque
Initiatives, upon motion
received and filed. Michalski
moved adoption of Resolution
No. 570-02 (1) Approving the
minimum requirements, com-
petitive criteria, offering proce-
dures for disposition of certain
urban renewal property; (2)
determining that the Offer to
Buy Real Estate and
Acceptance submitted by
Dubuque Initiatives satisfies
the offering requirements and
declaring the intent of the City
to sign the Offer to Buy Real
Estate and Acceptance with
Dubuque Initiatives in the
event that no competing pro-
posals are submitted, and (3)
soliciting competing proposals
and further setting this for
Public Hearing on 11/25/02 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 Markham.
Motion carried 7-0.
ARC Urban Revitalization
Plan: City Manager recom-
mending rejection of a request
from Area Residential Care to
create a new Urban
Revitalization District and that
this item not be set for. public
hearing on November 4, 2002
to consider designating the
ARC Urban Revitalization
District and communication
from the Long Range Planning
Commission regarding the
ARC Urban Revitalization Plan,
upon motion received and
filed.
Jon Romaine, representing
Area Residential Care, spoke
in favor of the designation of
an Urban Revitalization
District, stressing its necessity
for this project which would
give more independence to
the ARC residents.
Elena Welsh, of Burns and
Burns Architects, spoke
requesting this designation
and clarifying the financing
gap of $33,000.
Buol moved adoption of
Resolution No. 571-02
Finding that the designation of
the ARC Urban Revitalization
Plan is necessary in the inter-
est of the public health, safety
and welfare of the residents of
the City of Dubuque, lowa and
providing for a public hearing
thereon and further setting this
for Public Hearing on 11/4/02
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 Markham.
Carried by the following vote:
Yeas —Markham, Michalski,
Nicholson, Buol, Connors.
Nays —Duggan, Cline.
BOARDS/COMMISSIONS
Appointments to the follow-
ing 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. Upon
motion Mr. Helling appointed
to the term to expire 8/17/05.
PUBLIC HEARINGS
Upon motion the rules were
suspended to allow anyone
present to speak.
At the request of the appli-
cant the following item was
removed from the Agenda:
Garfield Avenue and Stafford
Street Rezoning Request.
Proof of publication on notice
of hearing to consider rezoning
property located at the corner
of Garfield Avenue and
Stafford Street from R-2A
Alternate Two -Family
Residential District to R-4
Multi -Family Residential
District at the request of Jay
Winger/Winger Construction
and Zoning Advisory
Commission recommending
denial and an Ordinance
Amending Appendix A (the
Zoning Ordinance) of the City
of Dubuque Code of
Ordinances by reclassifying
hereinafter described property
located at the corner of
Garfield Avenue and Stafford
Street from R-2A Alternate
Two -Family Residential
District to R-4 Multi -Family
Residential District.
University of Dubuque
Institutional District: Proof of
publication on notice of hear-
MOTIon cameo r-u. --
Grandview Avenue United
Methodist Church: Proof of
publication on notice of hear-
ing to consider a voluntary
annexation request from
Grandview Avenue United
Methodist Church and City
Manager recommending
approval and proof of publica-
tion on notice of hearing to
consider rezoning property
located southwest of John
Wesley Drive and north of
Asbury Plaza from County A-1
Agricultural to CS Commercial
Service and Wholesale
District, concurrent with
approval of a voluntary annex-
ation request, and Zoning
Advisory Commission recom-
mending approval, upon
motion received and filed.
Mac Klingler, 11696 King
Arthur Ct., spoke in support.
Ordinance No. 85-02
Amending Appendix A (the
Zoning Ordinance) of the City
of Dubuque Code of
Ordinances by reclassifying
hereinafter described property
located southwest of John
Wesley Drive and north of
Asbury Road from Dubuque
County A-1 Agricultural
District to City of Dubuque CS
Commercial Service and
Wholesale District, concurrent
with annexation, presented
and read. Buol moved that the
requirement that a proposed
Ordinance be considered and
voted on for passage at two
Council Meetings prior to the
meeting at which it is to be
finally passed be suspended
and further moved final con-
sideration and passage of the
Ordinance. Seconded by
Nicholson. Motion carried 7-
0. Buol moved adoption of
Resolution No. 572-02
Annexing certain property.
Seconded by Nicholson.
Motion carried 7-0.
Radford Road - Request to
Rezone: Proof of publication
on notice of hearing to consid-
er rezoning property located
on Radford Road from C-2
Neighborhood Shopping
Center District to PC Planned
Commercial District at the
request of Patricia
Friedman/Radford Road
Development and Zoning
Advisory Commission recom-
mending approval and com-
munication from Mary Janice
Giesler requesting that side-
walks be installed on Radford
Road, upon motion received
and filed.
Patricia Friedman spoke in
favor of the proposed rezon-
ing.
Ordinance No. 86-02
Amending Appendix A (the
Zoning Ordinance) of the City
of Dubuque Code of
Ordinances by reclassifying
hereinafter described property
located on Radford Road from
C-2 Neighborhood Shopping
Center District to PUD Planned
Unit Development District with
a PC Planned Commercial
District designation, presented
and read. Buol moved that
the requirement that a pro-
posed Ordinance be consid-
ered and voted on for passage
at two Council Meetings prior
to the meeting at which it is to
be finally passed be suspend-
ed and further moved final
consideration and passage of
the Ordinance. Seconded by
Nicholson. Motion carried 7-
0.
Bond Sale to Support Water
Projects: Proof of publication
on notice of hearing to consid-
er the sale of General
Obligation Bonds in an amount
not to exceed $3,300,000 to
support the new water tower
and water main along the
Northwest Arterial and City
Manager recommending
approval, upon motion
received and filed. Markham
moved adoption of Resolution
No. 573-02 Instituting pro-
ceedings to take additional
action for the issuance of not
to exceed $3,300,000 General
Obligation Bonds. Seconded
by Buol. Motion carried 7-0.
Bond Sale to Refund
$3,100,000 General Obligation
Bonds: Proof of publication
on notice of hearing to consid-
er the sale of General
Obligation Bonds in an amount
not to exceed $650,000 for the
purpose of refunding
$3,100,000 General Obligation
Bonds and City Manager rec-
ommending approval, upon
motion received and filed.
Markham moved adoption of
Resolution No. 574-02
Instituting proceedings to take
additional action for the
issuance of not to exceed
$650,000 General Obligation
Bonds and Resolution No.
575-02 Directing the adver-
tisement for sale of $3,110,000
General Obligation Bonds,
Series 2002C. Seconded by
Michalski. Motion carried 7-0.
Northwest Arterial Watermain
Extension Project: Proofs of
publication on notice of hear-
ing and notice to bidders on
the receipt of bids for the
Northwest Arterial Watermain
Extension Project and City
Manager recommending
award of the contract to
Tschiggfrie Excavating in the
contract amount of
$887,683.35, upon motion
received and filed. Cline
moved adoption of Resolution
No. 576-02 Adopting plans
and specifications and
Resolution No. 577-02
Awarding contract to
Tschiggfrie Excavating of
Dubuque, Iowa for the con-
struction of approximately
17,140 feet of 16 inch ductile
iron watermain with acces-
sories along the Northwest
Arterial starting at the intersec-
tion of Highway 20 and contin-
uing to the northeast to John
F. Kennedy Road and for the
l.,llne rnoveu duo
Resolution No. 580-02
Adopting plans and specifica-
tions and Resolution No. 581-
02 Awarding contract to Drew
Cook & Sons for the construc-
tion of approximately 1,700
feet of 12 inch ductile iron
watermain with accessories
along the north side of Old
U.S. Highway 20 starting at the
intersection of Radford Road
and Old Highway 20 continu-
ing to the west. Seconded by
Nicholson. Motion carried 7-
0.
Ice Harbor Retention Basin
Pump Improvement Project:
Proofs of publication on notice
of hearing and notice to bid-
ders on the receipt of bids for
the Ice Harbor Retention Basin
Pump Improvement Project
and City Manager recom-
mending award of the contract
to M-Z Construction, upon
motion received and filed.
Michalski moved adoption of
Resolution No. 582-02
Approval of plans and specifi-
cations
and Resolution No.
583-02 Awarding contract.
Seconded by Cline. Motion
carried 7-0.
Upon motion the rules were
reinstated limiting discussion
to the Council.
ACTION ITEMS
Convention and Visitors
Bureau: Request of Sue
Czeshinski, Convention and
Visitors Bureau, to give an oral
report of Bureau activities dur-
ing the first quarter of Fiscal
Year 2003, upon motion
received and filed. Sue
Czeshinski gave a verbal
report.
Local Option Sales and
Services Tax - Dubuque
Community School District:
Michalski moved adoption of
Resolution No. 584-02
Recognizing the importance of
adequate school facilities by
supporting the Dubuque
Community School District
Board of Education in its pro-
posal to Dubuque County vot-
ers to authorize a one -percent
(1 %) local option sales and
services tax for school infra-
structure purposes.
Seconded by Nicholson.
Motion carried 7-0.
Gaming Referendum: Buol
moved adoption of Resolution
No. 585-02 Supporting the
referendum on the continua-
tion of gaming in Dubuque
County, Iowa. Seconded by
Nicholson. Motion carried 7-
0.
Bee- Branch Consultant
Selection: City Manager rec-
ommending approval of the
selection of MSA Professional
Services (MSA) as the
Engineering Consulting Firm to
conduct a second study of the
Bee Branch Drainage Basin,
presented and read.
Nicholson moved to receive
and file and approve the rec-
ommendation. Seconded by
Connors. Motion failed due to
the following vote: Yeas —
Duggan, Nicholson. Nays —
Markham, Michalski, Buol,
Cline, Connors. Buol moved
that Staff bring back the origi-
nal plan. Seconded by
Connors. Carried by the fol-
lowing vote: Yeas —Markham,
Michalski, Nicholson, Buol,
Cline, Connors. Nays —
Duggan.
The following was removed
from the Agenda: Fiscal Year
2003 Annual Action Plan -
Amendment 2. City Manager
recommending approval of an
amended and restated Fiscal
Year 2003 Annual Plan for the
City's Community
Development Block Grant
(CDBG) program. A Resolution
Approving an amended and
restated Fiscal Year 2003
(Program Year 2002) annual
plan for Community
Development Block Grant
(CDBG) funds
The Mayor turned control of
the meeting to Mayor Pro-Tem
Buol due to possible conflict of
interest.
Offer to Buy Real Estate and
Acceptance - Robert and Lynn
Miller and Dubuque
Hardwoods, Inc.: City
Manager recommending that
the City approve the Offer to
Buy Real Estate and
Acceptance for property on
the Fourth Street Peninsula
owned by Robert and Lynn
Miller and Dubuque
Hardwoods, Inc., upon motion
received and filed and
approved recommendation.
Mayor Duggan resumed con-
trol of the meeting.
At 8:14 P.M. upon motion it
was resolved to go into Closed
Session re: Property
Acquisition - Chapter 21.5(1)0)
2001 Code of Iowa.
At 8:30 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 8:31 P.M.
/s/ Jeanne F. Schneider, CMC
City Clerk
1 t 10/30
STATE OF IOWA
DUBUQUE COUNTY
CERTIFICATION OF PUI
I, Tammy M Feldmann, a Billing Clerk for
Iowa corporation, publisher of the Telegrapl:
circulation published in the City of Dubuque
Iowa; hereby certify that the attached notice
the following dates: October 30, 2002, and f
Subscribed to before me, a Notary Public in
this //a. day of'--7j ,6,.,„,A,_z,
Notary Public
al
ig
Class "C" Beer/Liquor License
to Bridge Restaurant and
Scandals; Special Class "C"
Liquor License to Grape
Harbor; and Class "B" Wine
Permit to Family Mart.
Seconded by Nicholson.
Motion carried 7-0.
ITEMS TO BE SET FOR
PUBLIC HEARING
City Hall Annex Roof
Replacement Project: City
Manager recommending initia-
tion of the bidding process for
the City Hall Annex Roof
Replacement Project and set-
ting a public hearing for
November 18, 2002, upon
motion received and filed.
Michalski moved adoption of
Resolution No. 567-02
Preliminary approval of plans
and specifications; Resolution
No. 568-02 Fixing date of
hearing on plans and'specifi-
cations for 11/18/02 at a meet-
ing to commence at 6:30 P.M.
in the Public Library auditori-
um and that the City Clerk
publish notice in the manner
prescribed by law and
Resolution No. 569-02
Ordering bids. Seconded by
Markham. Motion carried 7-0.
Port of Dubuque Land Sale:
City Manager recommending
that a public hearing be set for
November 25, 2002 to consid-
er the sale of property in the
Port of Dubuque to Dubuque
Initiatives, upon motion
received and filed. Michalski
moved adoption of Resolution
No. 570-02 (1) Approving the
minimum requirements, com-
petitive criteria, offering proce-
dures for disposition of certain
urban renewal property; (2)
determining that the Offer to
Buy Real Estate and
Acceptance submitted by
Dubuque Initiatives satisfies
the offering requirements and
declaring the intent of the City
to sign the Offer to Buy Real
Estate and Acceptance with
Dubuque Initiatives in the
event that no competing pro-
posals are submitted, and (3)
soliciting competing proposals
and further setting this for
Public Hearing on 11/25/02 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 Markham.
3 Motion carried 7-0.
ARC Urban Revitalization
Plan: City Manager recom-
mending rejection of a request
from Area Residential Care to
create a new Urban
Revitalization District and that
this item not be set for public
hearing on November 4, 2002
2 to consider designating the
y ARC Urban Revitalization
District and communication
from the Long Range Planning
y Commission regarding the
- ARC Urban Revitalization Plan,
upon motion received and
- filed.
Jon Romaine, representing
c Area Residential Care, spoke
is in favor of the designation of
an Urban Revitalization
n District, stressing its necessity
nt for this project which would
h give more independence to
D- the ARC residents.
er Elena Welsh, of Burns and
Burns Architects, spoke
d requesting this designation
p- and clarifying the financing
)2 gap of $33,000.
.n Buol moved adoption of
an Resolution No. 571-02
Finding that the designation of
ie the ARC Urban Revitalization
n. Plan is necessary in the inter-
n.
th
al
n-
est of the public health, safety
and welfare of the residents of
the City of Dubuque, Iowa and
providing for a public hearing
thereon and further setting this
for Public Hearing on 11/4/02
th
;al
rid
he
ed
m-
at a meeting to commence at
6:30 P.M. in the Public Library
sic auditorium and that the City
Clerk publish notice in the
manner prescribed by law.
Seconded by Markham.
Carried by the following vote:
Yeas —Markham, Michalski,
Nicholson, Buol, Connors.
se
m-
aer
Nays —Duggan, Cline.
BOARDS/COMMISSIONS
he_ Appointments to the follow-
ing Commission:
wo Housing Commission (One 3-
year unexpired term through
8/17/04 and one 3-year term
to expire 8/17/05). Applicant:
ed
ve-
William D. Helling. Upon
Vo. motion Mr. Helling appointed
to the term to expire 8/17/05.
2 PUBLIC HEARINGS
Upon motion the rules were
suspended to allow anyone
present to speak.
At the request of the appli-
cant the following item was
removed from the Agenda:
vith Garfield Avenue and Stafford
Street Rezoning Request.
Proof of publication on notice
of hearing to consider rezoning
property located at the corner
of Garfield Avenue and
II Stafford Street from R-2A
Alternate Two -Family
pon Residential District to R-4
Multi -Family Residential
'of District at the request of Jay
-02 Winger/Winger Construction
tive
the
and Zoning Advisory
Commission recommending
tion denial and an Ordinance
;Ids
tion
of
Amending Appendix A (the
Zoning Ordinance) of the City
en- of Dubuque Code of
Ordinances by reclassifying
hereinafter described property
d 7-
amp
om-
located at the corner of
Garfield Avenue and Stafford
Street from R-2A Alternate
Two -Family Residential
District to R-4 Multi -Family
Residential District.
om- University of Dubuque
Institutional District: Proof of
con -
publication on notice of hear -
m-
ed
ion
ant
am
e
s in
lye
a
r
S.
r
by
7-
rt
for
ec-
a
t
a
to
led.
r
i
by
the
amp
nlon
Granaview Avenue uiutau
Methodist Church and City
Manager recommending
approval and proof of publica-
tion on notice of hearing to
consider rezoning property
located southwest of John
Wesley Drive and north of
Asbury Plaza from County A-1
Agricultural to CS Commercial
Service and Wholesale
District, concurrent with
approval of a voluntary annex-
ation request, and Zoning
Advisory Commission recom-
mending approval, upon
motion received and filed.
Mac Klingler, 11696 King
Arthur Ct., spoke in support.
Ordinance No. 85-02
Amending Appendix A (the
Zoning Ordinance) of the City
of Dubuque Code of
Ordinances by reclassifying
hereinafter described property
located southwest of John
Wesley Drive and north of
Asbury Road from Dubuque
County A-1 Agricultural
District to City of Dubuque CS
Commercial Service and
Wholesale District, concurrent
with annexation, presented
and read. Buol moved that the
requirement that a proposed
Ordinance be considered and
voted on for passage at two
Council Meetings prior to the
meeting at which it is to be
finally passed be suspended
and further moved final con-
sideration and passage of the
Ordinance. Seconded by
Nicholson. Motion carried 7-
0. Buol moved adoption of
Resolution No. 572-02
Annexing certain property.
Seconded by Nicholson.
Motion carried 7-0.
Radford Road - Request to
Rezone: Proof of publication
on notice of hearing to consid-
er rezoning property located
on Radford Road from C-2
Neighborhood Shopping
Center District to PC Planned
Commercial District at the
request of Patricia
Friedman/Radford Road
Development and Zoning
Advisory Commission recom-
mending approval and com-
munication from Mary Janice
Giesler requesting that side-
walks be installed on Radford
Road, upon motion received
and filed.
Patricia Friedman spoke in
favor of the proposed rezon-
ing.Ordinance No. 86-02
Amending Appendix A (the
Zoning Ordinance) of the City
of Dubuque Code of
Ordinances by reclassifying
hereinafter described property
located on Radford Road from
C-2 Neighborhood Shopping
Center District to PUD Planned
Unit Development District with
a PC Planned Commercial
District designation, presented
and read. Buol moved that
the requirement that a pro-
posed Ordinance be consid-
ered and voted on for passage
at two Council Meetings prior
to the meeting at which it is to
be finally passed be suspend-
ed and further moved final
consideration and passage of
the Ordinance. Seconded by
Nicholson. Motion carried 7-
0.
Bond Sale to Support Water
Projects: Proof of publication
on notice of hearing to consid-
er the sale of General
Obligation Bonds in an amount
not to exceed $3,300,000 to
support the new water tower
and water main along the
Northwest Arterial and City
Manager recommending
approval, upon motion
received and filed. Markham
moved adoption of Resolution
No. 573-02 Instituting pro-
ceedings to take additional
action for the issuance of not
to exceed $3,300,000 General
Obligation Bonds. Seconded
by Buol. Motion carried 7-0.
Bond Sale to Refund
$3,100,000 General Obligation
Bonds: Proof of publication
on notice of hearing to consid-
er the sale of General
Obligation Bonds in an amount
not to exceed $650,000 for the
purpose of refunding
$3,100,000 General Obligation
Bonds and City Manager rec-
ommending approval, upon
motion received and filed.
Markham moved adoption of
Resolution No. 574-02
Instituting proceedings to take
additional action for the
issuance of not to exceed
$650,000 General Obligation
Bonds and Resolution No.
575-02 Directing the adver-
tisement for sale of $3,110,000
General Obligation Bonds,
Series 2002C. Seconded by
Michalski. Motion carried 7-0.
Northwest Arterial Watermain
Extension Project: Proofs of
publication on notice of hear-
ing and notice to bidders on
the receipt of bids for the
Northwest Arterial Watermain
Extension Project and City
Manager recommending
award of the contract to
Tschiggfrie Excavating In the
contract amount of
$887,683.35, upon motion
received and filed. Cline
moved adoption_ of Resolution
No. 576-02 Adopting plans
and specifications and
Resolution No. 577-02
Awarding contract to
Tschiggfrie Excavating of
Dubuque, Iowa for the con-
struction of approximately
17,140 feet of 16 inch ductile
iron watermain with acces-
sories along the Northwest
Arterial starting at the intersec-
tion of Highway 20 and contin-
uing to the northeast to John
F. Kennedy Road and for the
feet of 12 inch ductile iron
watermain with accessories
along the north side of Old
U.S. Highway 20 starting at the
intersection of Radford Road
and Old Highway 20 continu-
ing to the west. Seconded by
Nicholson. Motion carried 7-
0.
Ice Harbor Retention Basin
Pump Improvement Project:
Proofs of publication on notice
of hearing and notice to bid-
ders on the receipt of bids for
the Ice Harbor Retention Basin
Pump Improvement Project
and City Manager recom-
mending award of the contract
to M-Z Construction, upon
motion received and filed.
Michalski moved adoption of
Resolution No. 582-02
Approval of plans and specifi-
cations and Resolution No.
583-02 Awarding contract.
Seconded by Cline. Motion
carried 7-0.
Upon motion the rules were
reinstated limiting discussion
to the Council.
ACTION ITEMS
Convention and Visitors
Bureau: Request of Sue
Czeshinski, Convention and
Visitors Bureau, to give an oral
report of Bureau activities dur-
ing the first quarter of Fiscal
Year 2003, upon motion
received and filed. Sue
Czeshinski gave a verbal
report.
Local Option Sales and
Services Tax - Dubuque
Community School District:
Michalski moved adoption of
Resolution No. 584-02
Recognizing the importance of
adequate school facilities by
supporting the Dubuque
Community School District
Board of Education in its pro-
posal to Dubuque County vot-
ers to authorize a one -percent
(1%) local option sales and
services tax for school infra-
structure purposes.
Seconded by Nicholson.
Motion carried 7-0.
Gaming Referendum: Buol
moved adoption of Resolution
No. 585-02 Supporting the
referendum on the continua-
tion of gaming in Dubuque
County, Iowa. Seconded by
Nicholson. Motion carried 7-
0.
Bee- Branch Consultant
Selection: City Manager rec-
ommending approval of the
selection of MSA Professional
Services (MSA) as the
Engineering Consulting Firm to
conduct a second study of the
Bee Branch Drainage Basin,
presented and read.
Nicholson moved to receive
and file and approve the rec-
ommendation. Seconded by
Connors. Motion failed due to
the following vote: Yeas —
Duggan, Nicholson. Nays —
Markham, Michalski, Buol,
Cline, Connors. Buol moved
that Staff bring back the origi-
nal plan. Seconded by
Connors. Carried by the fol-
lowing vote: Yeas —Markham,
Michalski, Nicholson, Buol,
Cline, Connors. Nays —
Duggan.
The following was removed
from the Agenda: Fiscal Year
2003 Annual Action Plan -
Amendment 2. City Manager
recommending approval of an
amended and restated Fiscal
Year 2003 Annual Plan for the
City's Community
Development Block Grant
(CDBG) program. A Resolution
Approving an amended and
restated Fiscal Year 2003
(Program Year 2002) annual
plan for Community
Development Block Grant
(CDBG) funds
The Mayor turned control of
the meeting to Mayor Pro-Tem
Buol due to possible conflict of
interest.
Offer to Buy Real Estate and
Acceptance - Robert and Lynn
Miller and Dubuque
Hardwoods, Inc.: City
Manager recommending that
the City approve the Offer tc
Buy Real Estate anc
Acceptance for property or
the Fourth Street Peninsula
owned by Robert and Lynr
Miller and Dubuque
Hardwoods, Inc., upon motor
received and filed anc
approved recommendation.
Mayor Duggan resumed con
trol of the meeting.
At 8:14 P.M. upon motion I
was resolved to go into Closes
Session re: Propert
Acquisition - Chapter 21.5(1)(
2001 Code of Iowa.
At 8:30 P.M. Council recon
vened Regular Session statin
that staff had been given prop
er direction.
There being no further bus
ness, upon motion meetin
adjourned at 8:31 P.M.
/s/ Jeanne F. Schneider, CMI
City Clerk
-It 10/30
g
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 30, 2002, and for which the charge is $270.10.
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this /.-e- day o€- Z n-,62 m 21 , 20 e
co/
Notary Public in and for Dubuque County, Iowa.
MAY K. wesiri MEYER
Commission Number 154885
My Comm. Exp. FEB. 1, 2005