2002 August Council Proceedings Regular Session, August 5, 2002 315
Proof of publication of City Council
DUBUQUE
Proceedings for July 1, 2002, presented and
read. Buol moved that the communication be
CITY COUNCIL
received and filed. Seconded by Markham.
OFFICIAL
Motion carried 7-0.
PROCEEDINGS
Quarterly report of the Dubuque Area
City Council, Regular Session, August 5, 2002
Chamber of Commerce Convention and Visitors
Council met in Regular Session at 6:30 P.M. in
Bureau, presented and read. Buol moved that
the Library Auditorium
the report be received and filed. Seconded by
Present: Mayor Duggan, Council Members
Markham. Motion carried 7-0.
Buol, Cline, Connors, Markham, Michalski,
Nicholson, City Manager Michael Van Milligen,
Notice of Claims/Suits: Paula Deiter in
Corporation Counsel Barry Lindahl.
estimated amount of $249.10 for vehicle
damage; Catherine Heinz in estimated amount
Mayor Duggan read the call and stated this is
of $3,942.75 for property damage; Monica Heri
the regular session of the City Council called for
in estimated amount of $2,786.74 for vehicle
the purpose of acting upon such business which
damage; Kenneth and Jane Lange in
may properly come before the City Council.
undetermined amount for vehicle damage;
James H. Jones in estimated amount of $672.74
Invocation was given by Sister Joy Peterson,
for vehicle damage; Marge Ogelsby in
President of the Sisters of the Presentation.
undetermined amount for personal injury; Carl
Till in estimated amount of $60.00 for property
Proclamations: Responsible Gaming
damage; Jim and Nancy Stock, and Mary Lou
Education Week (August 5–9, 2002) received by
Mulgrew vs the City of Dubuque and the Zoning
Bruce Wentworth and Carrie Zaber; United Way
Board of Adjustment; Donna Vaske in estimated
Campaign Time (August 12–October 31, 2002)
amount of $88.63 for vehicle damage, presented
received by Rick Dickinson; and Downtown
and read. Buol moved that the claims and suits
Month in Dubuque (August 2002) received by
be referred to the Legal Staff for investigation
David Rusk.
and report. Seconded by Markham. Motion
carried 7-0.
CONSENT ITEMS
Corporation Counsel advising that the
Minutes Submitted: Airport Commission of
following claims have been referred to Public
6/24 and 7/11; City Council of 7/15 and 7/23;
Entity Risk Services of Iowa, the agent for the
Civil Service Commission of 7/2; Community
Iowa Communities Assurance Pool: James A.
Development Advisory Commission of 6/5;
Daniel for personal injury; Design Center, Inc.
Electrical Code Board of 7/15; Five Flags
for expenses incurred due to construction of the
Commission of 6/17; Housing Commission Trust
Third Street Parking Ramp; Monica Heri for
Fund Committee of 7/18; Human Rights
vehicle damage; Catherine Heinz for property
Commission of 6/19; Investment Oversight
damage; Mary McAleece Fuhrman for property
Commission of 7/25; Library Board of Trustees
damage; Kenneth A. Lange for vehicle damage,
of 4/25 and 5/23; Municipal Housing Agency of
presented and read. Buol moved that the
7/15; Park and Recreation Commission of 7/9;
communications be received and filed and
Zoning Advisory Commission of 7/10, presented
concurred. Seconded by Markham. Motion
and read. Buol moved that the minutes be
carried 7-0.
received and filed. Seconded by Markham.
Motion carried 7-0.
Corporation Counsel recommending
settlement of the claim of James H. Jones for
Printed Council Proceedings for March and
vehicle damage; Cottingham and Butler
April, 2002, presented and read. Buol moved
Insurance for vehicle damage and the Finance
that the proceedings be approved as printed.
Director to issue payment, presented and read.
Seconded by Markham. Motion carried 7-0.
Buol moved that the communication be received
and filed and concurred, directing Finance
Finance Director submitting the Financial
Director to issue proper payment. Seconded by
Reports for the month ending June 30, 2002,
Markham. Motion carried 7-0.
presented and read. Buol moved that the
communication and reports be received and
Corporation Counsel recommending that the
filed. Seconded by Markham. Motion carried 7-
claim of Paula Deiter for vehicle damage be
0.
referred to Hamel Parking Lot Service and the
claim of Donna Vaske for vehicle damage be
referred to W.C. Stewart Construction Company,
316 Regular Session, August 5, 2002
RESOLUTION NO. 382-02
presented and read. Buol moved that the
ADOPTING SUPPLEMENT NO. 55 TO THE
communications be received and filed and
CODE OF ORDINANCES OF THE CITY OF
concurred. Seconded by Markham. Motion
DUBUQUE, IOWA
carried 7-0.
Whereas, under date of July 17, 1989, the City
Citizen Communications: Council,, pursuant to Ordinance No. 34-89,
readopted the Code of Ordinances of the City of
a. Communication of Kathleen Spangler, 3475 Dubuque, Iowa for ordinances adopted up to
Sunset Park Circle, expressing concerns related and including December 19, 1988; and
to the proposed extension of Bonson Road, Whereas, since December 19, 1988 the City
presented and read. Buol moved that the Council of the City of Dubuque, Iowa has
communication be received and filed and adopted certain ordinances amending the Code
referred to the City Manager. Seconded by of Ordinances and said amendments have been
Markham. Motion carried 7-0. printed as supplements to the Code of
Ordinances; and
b. Communication of George and Helen Whereas, Section 380.8 of the Code of
Weinberg, 3460 Sunset Park Circle, expressing Ordinances provides that supplements by
concerns related to the proposed extension of resolution, become part of the Code of
Bonson Road, presented and read. Buol moved Ordinances.
that the communication be received and filed NOW THEREFORE BE IT RESOLVED BY
and referred to the City Manager. Seconded by THE CITY COUNCIL OF THE CITY OF
Markham. Motion carried 7-0. DUBUQUE, IOWA:
Section 1. That Supplement No. 55 of the
c. Communication of Gary and Doris Vogel, Code of Ordinances of the City of Dubuque,
3466 Sunset Park Circle, regarding the Iowa, covering Ordinances through Ordinance
scheduled street construction project to extend No. 36-02 enacted through April 15, 2002 and
Bonson Road, presented and read. Buol prepared by the Sterling Codifiers, Inc, Coeur D’
moved that the communication be received and Alene, ID hereto filed in the Office of the City
filed and referred to the City Manager. Clerk of the City of Dubuque, Iowa be and is
Seconded by Markham. Motion carried 7-0. hereby adopted and becomes part of the Code
of Ordinances of the City of Dubuque, Iowa.
d. Communication from Dubuque-Jackson Passed, approved and adopted this 5th day of
Counties Habitat for Humanity regarding storm August, 2002.
water run-off on Nevada Street and YM/YW Terrance M. Duggan, Mayor
Drive, presented and read. Buol moved that the Attest: Jeanne F. Schneider, City Clerk
communication be received and filed and Buol moved adoption of the Resolution.
referred to the City Manager. Seconded by Seconded by Markham. Motion carried 7-0.
Markham. Motion carried 7-0.
Quarterly Investment Report: City Manager
e. Communication of Amy Pascual regarding transmitting the Quarterly Investment Report for
Cable TV service and problems along Highway the period April 1, 2002 through June 30, 2002,
20, presented and read. Buol moved that the presented and read. Buol moved that the
communication be received and filed and communication and report be received and filed.
referred to the City Manager. Seconded by Seconded by Markham. Motion carried 7-0.
Markham. Motion carried 7-0.
Sign Agreement with Grand Opera House:
Vacant Buildings Status Report: City Manager City Manager recommending approval of an
submitting the Vacant Buildings Status Report agreement with the Grand Opera House for the
from the Housing and Community Development installation and management of a new
th
Department, presented and read. Buol moved community sign to be located on 8 Street,
that the communication be received and filed. presented and read. Michalski moved that the
Seconded by Markham. Motion carried 7-0. communication be received and filed and
approved recommendation. Seconded by
Supplement No. 55 to the Code of Ordinances: Nicholson. Motion carried 7-0.
City Manager recommending adoption of
Supplement No. 55 to the City of Dubuque Code American Red Cross: Communication from
of Ordinances, presented and read. Buol moved the American Red Cross expressing
that the communication be received and filed. appreciation to the City for the contribution for
Seconded by Markham. Motion carried 7-0. the Emergency Response Vehicle, presented
and read. Buol moved that the communication
be received and filed. Seconded by Markham.
Motion carried 7-0.
Regular Session, August 5, 2002 317
THE SUBDIVISION OF MINERAL LOT 90) ON
LORAS BOULEVARD TO THE CITY OF
Iowa Utilities Board – Cost Sharing of Legal
DUBUQUE
Expenses: City Manager recommending that
the City participate in joint representation and Whereas, Loras College has agreed to convey
sharing of legal costs with the Cities of Grinnell, an easement for public sidewalk over Part of Lot
Newton, Mason City and Washington, Iowa in 2 of the Subdivision of Mineral Lot 90 in the City
the proceedings before the Iowa Utilities Board of Dubuque, Iowa, for the purpose of relocating
as a result of a request for a rate increase and the public sidewalk onto private property owned
equalization of rates by Interstate Power and by Loras College, as shown on the easement
Light Company, presented and read. Buol exhibit thereof; and
moved that the communication be received and Whereas, Loras College has executed an
filed. Seconded by Markham. Motion carried 7-easement to the public over said property.
0. NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
RESOLUTION NO. 383-02
DUBUQUE, IOWA:
RESOLUTION AUTHORIZING THE EXECU-
Section 1. The City Council of the City of
TION OF AN AGREEMENT FOR COST
Dubuque, Iowa, hereby approves of, accepts,
SHARING IN LEGAL EXPENSES
and consents to the Easement for Public
WHEREAS, the City of Dubuque, Iowa, on Sidewalk from Loras College, copies of which
May 20, 2002 authorized the City Manager to are attached hereto, as required by Iowa Code
retain legal counsel to represent the City of Section 569.7.
Dubuque in the Interstate Power and Light Section 2. The Mayor is hereby authorized
Company request for rate increase and and directed to execute and acknowledge on
equalization of rates, and behalf of the City of Dubuque any instruments in
WHEREAS, the City Manager has connection herewith.
th
communicated with other communities regarding Passed, approved and adopted this 5 day of
the City Council action, requesting consideration August, 2002.
of sharing in the cost of legal expenses; and Terrance M. Duggan, Mayor
WHEREAS, the Cities of Grinnell, Newton, Attest: Jeanne F. Schneider, City Clerk
Mason City, and Washington, Iowa have agreed Buol moved adoption of the Resolution.
to join with the City of Dubuque, and have Seconded by Markham. Motion carried 7-0.
agreed to cost sharing legal expenses;
NOW, THEREFORE, BE IT RESOLVED BY John F. Kennedy Reconstruction – City/County
THE CITY COUNCIL OF THE CITY OF Funding Agreement: City Manager recom-
DUBUQUE, IOWA: mending approval of a City/County Funding
Section 1. The attached Agreement for Cost Agreement for the John F. Kennedy
Sharing in Legal Expenses between and among Reconstruction Project in the estimated amount
the Cities of Dubuque, Grinnell, Newton, Mason of $157,583.05, presented and read. Buol
City, and Washington is hereby approved. moved that the communication be received and
Section 2. The Mayor and City Clerk are filed. Seconded by Markham. Motion carried 7-
hereby authorized and directed to execute the 0.
Agreement.
th
RESOLUTION NO. 385-02
Passed, approved and adopted this 5 day of
RESOLUTION APPROVING THE AGREE-
August 2002.
MENT BETWEEN THE CITY OF DUBUQUE
Terrance M. Duggan, Mayor
AND DUBUQUE COUNTY FOR THE
Attest: Jeanne F. Schneider, City Clerk
RECONSTRUCTION OF JOHN F. KENNEDY
Buol moved adoption of the Resolution.
ROAD FROM THE NORTHWEST ARTERIAL
Seconded by Markham. Motion carried 7-0.
TO BARONY ROAD
Loras College – Acceptance of Easement for Whereas, the City of Dubuque has scheduled
Public Sidewalk: City Manager recommending improvements for the reconstruction of John F.
acceptance of an easement from Loras College Kennedy Road from the Northwest Arterial to the
for a public sidewalk along Loras Boulevard northerly City limits; and
adjacent to the Academic Resource Center Whereas, Dubuque County and the City of
between Cox Street and Alta Vista, presented Dubuque have agreed to cost-share in the
and read.. Buol moved that the communication portion of said project which lies partially in the
be received and filed. Seconded by Markham. Dubuque City limits and partially outside of the
Motion carried 7-0. Dubuque City limits; and
Whereas, the City of Dubuque proposes to
RESOLUTION NO. 384-02
design, construct, inspect, and initially pay for
A RESOLUTION ACCEPTING AN EASEMENT
the entire cost of said project; and
FOR PUBLIC SIDEWALK (PART OF LOT 2 OF
318 Regular Session, August 5, 2002
Whereas, Dubuque County agrees to fund that presented and read. Buol moved that the
portion of the project located outside the communication be received and filed. Seconded
Dubuque City limits based upon the jointly-by Markham. Motion carried 7-0.
accepted participating construction items as
RESOLUTION NO. 386-02
detailed in the attached agreement; and
A RESOLUTION ACCEPTING A CONVEY-
Whereas, the City Council of the City of
ANCE OF PROPERTY ON CHAVENELLE
Dubuque agrees with the terms and conditions
ROAD (LOT 2-5 OF DUBUQUE INDUSTRIAL
of said agreement.
CENTER WEST) TO THE CITY OF DUBUQUE,
NOW THEREFORE, BE IT RESOLVED BY
IOWA.
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA: Whereas, the City of Dubuque entered into a
That the Mayor be authorized and directed to Development Agreement with Ruscilli
execute two copies of the agreement for the Development Co, LTD (now known as R/W
reconstruction of John F. Kennedy Road from Dubuque, LLC) on October 15, 2001 pursuant to
the Northwest Arterial to Barony Road. which R/W Dubuque, LLC agreed to convey an
th
Passed, approved and adopted this 5 day of easement area now known as Lot 2-5 of
August, 2002. Dubuque Industrial Center West in the City of
Terrance M. Duggan, Mayor Dubuque, Iowa, as shown on the Plat of Survey
Attest: Jeanne F. Schneider, City Clerk thereof, and
Buol moved adoption of the Resolution. Whereas, R/W Dubuque, LLC has executed a
Seconded by Markham. Motion carried 7-0. conveyance of said property.
NOW, THEREFORE, BE IT RESOLVED BY
Dredged Material Placement Permit: City THE CITY COUNCIL OF THE CITY OF
Manager recommending approval of a Dredged DUBUQUE, IOWA:
Material Placement Permit with the U.S. Army Section 1. The City Council of the City of
Corps of Engineers for the placement of dredge Dubuque, Iowa, hereby approves of, accepts
material along the shoreline of Miller-Riverview and consents to the Quit Claim Deed from R/W
Park, presented and read. Buol moved that the Dubuque, LLC, a copy of which is attached
communication be received and filed and hereto, as required by Iowa Code Section 569.7.
approved recommendation. Seconded by Section 2. The Mayor is hereby authorized
Markham. Motion carried 7-0. and directed to execute and acknowledge on
behalf of the City of Dubuque any instruments in
University of Iowa – Site Access Agreement: connection herewith.
th
City Manager recommending approval of a Site Passed, approved and adopted this 5 day of
Access Agreement with the University of Iowa to August, 2002.
allow University of Iowa Hygienic Lab personnel Terrance M. Duggan, Mayor
access to a northern branch of Catfish Creek Attest: Jeanne F. Schneider, City Clerk
from City property near Seippel Road, presented Buol moved adoption of the Resolution.
and read. Buol moved that the communication Seconded by Markham. Motion carried 7-0.
be received and filed and approved
RESOLUTION NO. 387-02
recommendation. Seconded by Markham.
RESOLUTION APPROVING PLAT OF
Motion carried 7-0.
SURVEY OF LOT H OF DUBUQUE
INDUSTRIAL CENTER WEST
Dubuque Main Street – Grant Application: City
Manager recommending that the City endorse Whereas, there has been presented to the City
an application from Main Street Ltd. to the Iowa Council of the City of Dubuque, Iowa, a plat
th
Department of Economic Development/Main dated the 25 day of July, 2002, prepared by the
Street Iowa for a Main Street Iowa Challenge City of Dubuque Engineering Division,
Grant in the amount of $50,000 for an Upper describing the survey of Lot H of Dubuque
Main District residential development project, Industrial Center West.
presented and read. Buol moved that the Whereas, said plat conforms to the laws and
communication be received and filed and statutes pertaining thereto.
approved recommendation. Seconded by NOW, THEREFORE, BE IT RESOLVED BY
Markham. Motion carried 7-0. THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
th
McGraw Hill – Acceptance of Gazebo Plat and Section 1. That the plat dated the 25 day of
Deed: City Manager recommending acceptance July, 2002, prepared by the City of Dubuque
of the Gazebo property from R/W Dubuque, LLC Engineering Division, relative to the real estate
(developers of the McGraw-Hill facility) and hereinabove described be and the same is
approval of a plat incorporating the gazebo hereby approved, and the Mayor and City Clerk
property into the John G. Bergfeld Recreation be and they are hereby authorized and directed
Area at the Dubuque Industrial Center West,
Regular Session, August 5, 2002 319
to execute said plat for and on behalf of the City Dubuque Area Labor Management Dubuque
of Dubuque, Iowa. Area Labor Management Tent B Town Clock
Section 2. That the City Clerk be and is hereby Music N More Music N More
authorized and directed to file said plat and Hawthorne St
certified copy of this resolution in the office of Dubuque Jaycees Dubuque Jaycees Tent A
the Recorder in and for Dubuque County, Iowa. Town Clock
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Passed, approved and adopted this 5 day of Dubuque Jaycees Dubuque Jaycees Tent B
August, 2002. Town Clock
Terrance M. Duggan, Mayor Dubuque Jaycees Dubuque Jaycees Tent C
Attest: Jeanne F. Schneider, City Clerk Town Clock
Buol moved adoption of the Resolution. Riverfest Riverfest +
Seconded by Markham. Motion carried 7-0. (Sunday/Outdoor Sale) Town Clock
CLASS “C” BEER PERMIT
Business Licenses: Rainbo Oil Com Kwik Stop Food Mart+
(Sunday Sale) 2255 Kerper
Michalski moved to table action on The Busted Mulgrew Oil AMOCO Food Shop+
Lift liquor license for outdoor service. Seconded (Sunday Sale) 1450 Loras
by Nicholson. Carried by the following vote: Iowa Oil Com IOCO Speede Shoppe #2+
Yeas—Cline, Connors, Michalski, Nicholson. (Sunday Sale) 2335 Universal
Nays—Duggan, Markham, Buol. Sumbal Corp Sumbal Corp+
(Sunday Sale) 3200 Central
th
RESOLUTION NO. 388-02
Passed, approved and adopted this 5 day of
NOW, THEREFORE, BE IT RESOLVED BY August 2002.
THE CITY COUNCIL OF THE CITY OF Terrance M. Duggan, Mayor
DUBUQUE, IOWA: Attest: Jeanne F. Schneider, City Clerk
That the following having complied with the Nicholson moved adoption of the Resolution.
provisions of law relating to the sale of Seconded by Michalski. Carried by the following
Cigarettes within the City of Dubuque, Iowa, be vote: Yeas—Cline, Connors, Michalski,
granted a permit to sell Cigarettes and Cigarette Nicholson. Nays—Duggan, Markham, Buol.
Papers within said City.
RESOLUTION NO. 390-02
NEW
MNA Food Mart Sumbal Corp Whereas, applications for Liquor Licenses
3200 Central Ave have been submitted to this Council for approval
th
Passed, approved and adopted this 5 day of and the same have been examined and
August, 2002. approved; and
Terrance M. Duggan, Mayor Whereas, the premises to be occupied by such
Attest: Jeanne F. Schneider, City Clerk applicants were inspected and found to comply
Nicholson moved adoption of the Resolution. with the State Laws and all City Ordinances
Seconded by Michalski. Carried by the following relevant thereto and they have filed proper
vote: Yeas—Cline, Connors, Michalski, bonds.
Nicholson. Nays—Duggan, Markham, Buol. NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
RESOLUTION NO. 389-02
DUBUQUE, IOWA:
BEER That the Manager be authorized to cause to be
Whereas, applications for Beer Permits have issued the following named applicants a Liquor
been submitted and filed to this Council for License.
approval and the same have been examined CLASS “C” BEER/LIQUOR LICENSE
and approved: and Shannon’s Bar & Grill LLC Shannon’s Bar & Grill
nd
Whereas, the premises to be occupied by + (Sunday Sale) 521 E. 22 St
such applicants were inspected and found to Famolo of Iowa Inc. Los Aztecas Mexican
comply with the Ordinances of the City and have Rest+ (Sunday Sale) 2700 Dodge St
filed proper bonds. SPECIAL CLASS “C”(BW) LIQUOR
NOW, THEREFORE, BE IT RESOLVED BY Choo Choo Charlie’s Pizza Choo Choo
THE CITY COUNCIL OF THE CITY OF Charlie’s Pizza+(Sunday Sale) 1895 JFK Rd
DUBUQUE, IOWA: CLASS “C” BEER/LIQUOR LICENSE
That the Manager be authorized to cause to be (1 DAY SPECIAL OUTDOOR EVENT)
issued the following named applicants a Beer Jumpers Sports Bar/Grill Jumper’s Bar
Permit. Sports Bar- Blue’s Fest 2600 Dodge
CLASS “B” BEER PERMIT Passed, approved and adopted this 5th day of
(SPECIAL EVENT) August, 2002.
Dubuque Area Labor Management Dubuque Terrance M. Duggan, Mayor
Area Labor Management Tent A Town Clock Attest: Jeanne F. Schneider, City Clerk
320 Regular Session, August 5, 2002
Nicholson moved adoption of the Resolution. Public Library Auditorium, 360 West 11 Street,
Seconded by Michalski. Carried by the following Dubuque, Dubuque County, Iowa to consider
vote: Yeas—Cline, Connors, Michalski, the proposal for the sale of real estate described
Nicholson. Nays—Duggan, Markham, Buol. as:
Lot 760A and Lot 776B of McDaniel’s
BOARDS/COMMISSIONS Subdivision, in the City of Dubuque, Dubuque
County, Iowa
Applicants are invited to address the Council Whereas, the City Council of the City of
regarding their desire to serve on the following Dubuque, Iowa overruled any and all objections,
Commissions: oral or written to the proposal to sell such real
ENVIRONMENTAL STEWARDSHIP ADVIS-estate, except for easement as noted.
ORY COMMISSION: (One vacant 3-year term to NOW, THEREFORE, BE IT RESOLVED BY
expire 10/1/03). Applicant: Andrea Bixler. Ms. THE CITY COUNCIL OF THE CITY OF
Bixler spoke requesting consideration for DUBUQUE, IOWA:
appointment. Section 1. That the sale of City of Dubuque
HISTORIC PRESERVATION COMMISSION real property described as Lot 760A and Lot
(Three 3-year unexpired terms) Applicant: John 776B of McDaniel’s Subdivision in the City of
th
E. Whalen (West 11 District). Dr. Whalen had Dubuque, Iowa to Gregory Jon and Peggy E.
conveyed he could not be in attendance. Stover be and the same is hereby approved for
HOUSING COMMISSION (Three 3-year terms the sum of $943.68, plus the cost of publication
to expire 8/17/05 – Neustadt, Swift, Vacant) and filing fees. Conveyance shall be by Quit
Applicant: Harry Neustadt. No one spoke. Claim Deed.
Section 2. The City of Dubuque reserves unto
Appointments to the following Board: itself a perpetual easement including the right of
TRANSIT BOARD OF TRUSTEES (Three 3-ingress and egress thereto, for the purpose of
year terms of Enderson, Lightcap, and Sand to erecting, installing, constructing, reconstructing,
expire 7/30/05) Applicants: George O. repairing, owning, operating, and maintaining
Enderson, Joel Lightcap, Michael W. Sand. storm sewers as may be authorized by the City
Markham moved that Enderson, Lightcap and of Dubuque, Iowa, as shown on the Plat of
Sand be reappointed to three year terms Survey of Lot 760A of McDaniel’s Subdivision.
expiring 7/30/05. Seconded by Cline. Motion Section 3. That the Mayor be authorized and
carried 7-0. directed to execute a Quit Claim Deed, and the
City Clerk be and is hereby authorized and
PUBLIC HEARINGS directed to deliver said deed of conveyance to
Gregory Jon and Peggy E. Stover upon receipt
Nicholson moved that the rules be suspended of the purchase price in full.
to allow anyone present to speak. Seconded by Section 4. That the City Clerk be and is hereby
Michalski. Motion carried 7-0. authorized and directed to record a certified
copy of this resolution in the offices of the City
th
Vacating Petition – Portion of 12 Street: Assessor, Dubuque County Recorder and
Proof of publication on notice of hearing and City Dubuque County Auditor.
th
Manager recommending that the City dispose of Passed, approved and adopted this 5 day of
interest in a portion of City-owned property at August, 2002.
th
12 Street west of Bluff Street to Greg and Terrance M. Duggan, Mayor
Peggy Stover for the amount of $943.68, plus Attest: Jeanne F. Schneider, City Clerk
publication and filing fees, presented and read. Cline moved adoption of the Resolution.
Cline moved that the proof and communication Seconded by Connors. Motion carried 7-0.
be received and filed. Seconded by Connors.
Motion carried 7-0. Wayne and Lynn Stewart – Rezoning Request:
Proof of publication on notice of hearing to
RESOLUTION NO. 391-02
consider rezoning property located at 8000 Old
RESOLUTION DISPOSING OF CITY
Highway Road from R-1 Single-Family
INTEREST IN LOT 760A AND LOT 776B of
Residential District to CS Commercial Service
MCDANIEL’S SUBDIVISION, DUBUQUE,
and Wholesale District and Zoning Advisory
IOWA
Commission recommending denial of the
Whereas, pursuant to resolution and published request and an Ordinance Amending Appendix
notice of time and place of hearing, published in A (the Zoning Ordinance) of the City of Dubuque
the Telegraph Herald, a newspaper of general Code of Ordinances by reclassifying hereinafter
circulation published in the City of Dubuque, described property located at 8000 Old Highway
th
Iowa on this 19 day of July, 2002, the City Road from R-1 Single-Family Residential District
Council of the City of Dubuque, Iowa met on the to CS Commercial Service and Wholesale
5th day of August, 2002, at 6:30 p.m. in the District, presented and read.
Regular Session, August 5, 2002 321
Attorney Flint Drake, representing Wayne
OFFICIAL PUBLICATION
Stewart, spoke in favor of the rezoning. Kevin
ORDINANCE NO. 58-02
Kotz, 14969 Old Highway Road, Tom McIntyre,
AN ORDINANCE AMENDING APPENDIX A
15105 Old Highway Road, Janelle Kotz, 13969
[THE ZONING ORDINANCE] OF THE CITY OF
Old Highway Road, Mike Chapman, 12761
DUBUQUE CODE OF ORDINANCES BY
Seippel Road, Mason Cate, 12271 Seippel
RECLASSIFYING HEREINAFTER
Road, Joe Fleckenstein, 15133 Old Highway
DESCRIBED PROPERTY LOCATED AT 441
Road, Sandi Welsh, 14986 Old Highway Road,
MCCORMICK STREET FROM R-1 SINGLE-
all spoke in opposition to the proposed rezoning.
FAMILY RESIDENTIAL DISTRICT TO ID
After Council discussed the proposed
INSTITUTIONAL DISTRICT.
rezoning, Buol moved to concur with the denial.
NOW, THEREFORE, BE IT ORDAINED BY
Seconded by Markham. Motion carried 7-0.
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Wayne and Lynn Stewart Rezoning Request
Section 1. That Appendix A (the Zoning
Concurrent with Annexation: Proof of
Ordinance) of the City of Dubuque Code of
publication on notice of hearing to consider
Ordinances be amended by reclassifying the
rezoning property located along Old Highway
hereinafter described property from R-1 Single-
Road from County M-1 Industrial (with
Family Residential District to ID Institutional
conditions) to City LI Light Industrial District at
District and approving an amended campus plan
the request of Wayne and Lynn Stewart and
for the University of Dubuque, a copy of which is
Zoning Advisory Commission recommending
attached to and made a part hereof, to wit:
denial of the request; Proof of publication on
Lot 3 Kuehnle Heights and to the centerline of
notice of hearing to consider a voluntary
the adjoining public right-of-way all in the City of
annexation request of Wayne and Lynn Stewart
Dubuque, Iowa.
in conjunction with rezoning and City Manager
Section 2. That pursuant to Iowa Code
recommending approval of the voluntary
Section 414.5(1993) and as an express
annexation, an Ordinance Amending Appendix
condition of amending the University of Dubuque
A (the Zoning Ordinance) of the City of Dubuque
Institutional District, the undersigned property
Code of Ordinances by reclassifying hereinafter
owner(s) agree(s) to the following conditions, all
described property located along Old Highway
of which the property owner(s) further agree(s)
Road from Dubuque County M-1 Industrial with
are reasonable and imposed to satisfy the public
conditions to City of Dubuque LI Light Industrial
needs that are caused directly by the zoning
District, concurrent with annexation and a
reclassification:
Resolution Annexing certain property, presented
A. Use Regulations.
and read. Markham moved to concur with
The following regulations shall apply
denial of the rezoning and deny annexation.
to the above-described property:
Seconded by Cline. Carried by the following
1) Principal permitted uses shall be
vote: Yeas—Cline, Connors, Markham,
limited to:
Nicholson, Buol. Nays—Duggan, Michalski.
a) Offices for administrative personnel or
other institutional employees and affiliates [14]
University of Dubuque – Rezoning Request:
b) Off-street parking and loading [NA]
Proof of publication on notice of hearing to
c) Single-family dwelling for the housing of
consider rezoning property located at 441
institutional residents or affiliates [9]
McCormick Street from R-1 Single-Family
2) Accessory uses shall be limited to all uses
Residential District to ID Institutional District at
customarily incidental to the principal permitted
the request of the University of Dubuque and
uses in conjunction with which such accessory
Zoning Advisory Commission recommending
uses are operated or maintained, but not to
approval of the request, presented and read.
include commercial use outside the principal
Cline moved that the proof be received and filed.
building.
Seconded by Markham. Motion carried 7-0.
3) No conditional uses shall be allowed.
Tracey Wagner, Vice President of Finance for
B. Lot and Bulk Regulations.
the University of Dubuque, spoke in support of
Front yard setback: 20 feet
the rezoning.
Side yard setback: 6 feet
An Ordinance Amending Appendix A (the
Rear yard setback: 20% of the lot depth
Zoning Ordinance) of the City of Dubuque Code
Maximum height: 30 feet
of Ordinances by reclassifying hereinafter
C. Parking Requirements
described property located at 441 McCormick
The off-street parking requirements for the
Street from R-1 Single-Family Residential
principal permitted uses for the herein described
District to ID Institutional District, presented and
ID Institutional District shall be designated by a
read.
bracket enclosed number next to the use, as
herein described:
[9] 1.5 spaces for each dwelling unit
322 Regular Session, August 5, 2002
[14] One space for each four hundred square Lamar Advertising – Off Premise Signs Text
feet devoted to office use or one space for each Amendment: Proof of publication on notice of
employee on the maximum shift, whichever is hearing to consider a request from Jim
greater. Schumacher, Lamar Advertising, to amend the
D. Sign Regulations Zoning Ordinance regarding off-premise signs
The sign regulations shall be the same as that and Zoning Advisory Commission
which are allowed in the ID Institutional District recommending denial, and an Ordinance
as established in Section 4-3.11 of the Zoning Amending Appendix A (the Zoning Ordinance) of
Ordinance. the City of Dubuque Code of Ordinances by
E. Transfer of Ownership repealing Section 4-3.2(39) Definition of Off-
Transfer of ownership or lease of property in this Premise Signs and adopting a new Section 4-
ID Institutional District shall include the transfer 3.2(39) Definition of Off-Premise Signs in lieu
or lease agreement a provision that the thereof, presented and read. Jim Schumacher of
purchaser or lessee acknowledges awareness Lamar Advertising, 1690 Elm St., spoke
of the conditions authorizing the establishment requesting the change citing verbal
of the district. miscommunication as to the concept of “on-
F. Modifications premise signage.” Attorney Mike Coyle,
Any modifications of this Ordinance must be representing Hyundai, stressed that the
approved by the City Council in accordance with particular sign in question is an “off-premise
zoning reclassification proceedings of Section 6 sign” and any other interpretation of the
of the Zoning Ordinance. Ordinance is inappropriate. Buol moved to
G. Recording receive and file the proof and communication
A copy of this ordinance shall be recorded at the and to concur with the denial. Seconded by
expense of the property owner(s) with the Michalski. Motion carried 7-0.
Dubuque County Recorder as a permanent
record of the conditions accepted as part of this Wartburg Place Reconstruction Project: Proofs
reclassification approval within ten [10] days of of publication on notice of hearing on plans and
the adoption of this ordinance. This ordinance specifications and notice to bidders on the
shall be binding upon the undersigned and all receipt of bids and City Manager recommending
his/her heirs, successors and assignees. award of the contract to Portzen Construction,
Section 3. That the foregoing amendment has Inc., in the amount of $464,434.43, presented
heretofore been reviewed by the Zoning and read.
Commission of the City of Dubuque, Iowa. Tim Conlon, 480 Wartburg Place, spoke
Section 4. That the foregoing amendment requesting that no sidewalks be installed on the
shall take effect upon publication, as provided by east side and that the Council has petitions to
law. that effect, also stating there already is a
Passed, approved, and adopted this 5th day of sidewalk on the west side. Dave Horstmann of
August 2002. Wartburg Seminary, spoke in support of the
Terrance M. Duggan, Mayor project but stated there is no need for the
Attest: Jeanne F. Schneider, City Clerk sidewalk.
ACCEPTANCE OF ORDINANCE NO. 58-02 Cline moved adoption of the Resolutions.
I, Reverend Jeffery F. Bullock, President, Seconded by Nicholson. Motion failed by the
University of Dubuque, having read the terms following vote: Yeas—Nicholson. Nays—Buol,
and conditions of the foregoing Ordinance No. Cline, Connors, Duggan, Markham, Michalski.
58-02 and being familiar with the conditions
RESOLUTION NO. 392-02
thereof, hereby accept the same and agree to
RESOLUTION ADOPTING
the conditions required therein.
PLANS AND SPECIFICATIONS
Dated this 5th day of August 2002.
th
By /s/ Reverend Jeffrey F. Bullock Whereas, on the 26 day of June, 2002, plans,
President, University of Dubuque specifications, form of contract and estimated
Published officially in the Telegraph Herald cost were filed with the City Clerk of Dubuque,
th
newspaper this 30 day of August, 2002. Iowa for the Wartburg Place Reconstruction
Jeanne F. Schneider, City Clerk Project.
1t 8/30 Whereas, notice of hearing on plans,
Cline moved that the requirement that a specifications, form of contract, and estimated
proposed Ordinance be considered and voted cost was published as required by law.
on for passage at two Council Meetings prior to NOW THEREFORE, BE IT RESOLVED BY
the meeting at which it is to be finally passed be THE CITY COUNCIL OF THE CITY OF
suspended and further moved final DUBUQUE, IOWA:
consideration and passage of the Ordinance. That the said plans, specifications, form of
Seconded by Markham. Motion carried 7-0. contract and estimated cost are hereby
approved as the plans, specifications, form of
Regular Session, August 5, 2002 323
contract and estimated cost for said Whereas, this is the time and place set as
improvements for said project. provided for the taking of action on the proposed
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Passed, adopted and approved this 5 day of Resolution of Necessity.
August, 2002. NOW THEREFORE, BE IT RESOLVED BY
Terrance M. Duggan, Mayor THE CITY COUNCIL OF THE CITY OF
Attest: Jeanne F. Schneider, City Clerk DUBUQUE, IOWA:
Markham moved adoption of the Resolution That the proposed Resolution of Necessity
Adopting plans and specifications for the project, described above is hereby:
as amended to exclude the sidewalks; Adopted, without amendment, and all
Seconded by Buol. Motion carried 7-0. objections filed or made having been
duly considered are overruled.
RESOLUTION NO. 393-02
X Adopted as amended by the Schedule
AWARDING CONTRACT
of Assessments attached hereto as
Whereas, sealed proposals have been Exhibit A, and made a part hereof by
submitted by contractors for the Wartburg Place reference. All objections filed or made
Reconstruction Project pursuant to Resolution having been duly considered are
No. 353-02 and notice to bidders published in a overruled.
newspaper published in the City of Dubuque, Deferred for later consideration to a
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Iowa on the 5 day of July, 2002. City Council meeting to be held on the
Whereas, said sealed proposals were opened _____ day of , 2002, next at
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and read on the 25 day of July, 2002, and it 6:30 p.m. in the Public Library
has been determined that the bid of Portzen Auditorium, with jurisdiction retained for
Construction, Inc. of Dubuque, Iowa, in the further consideration and action at the
amount of $464,434.42 was the lowest bid for adjourned meeting.
the furnishings of all labor and materials and Abandoned.
th
performing the work as provided for in the plans Passed, adopted and approved this 5 day of
and specifications. August, 2002.
NOW THEREFORE, BE IT RESOLVED BY T
THE CITY COUNCIL OF THE CITY OF errance M. Duggan, Mayor
DUBUQUE, IOWA: Attest: Jeanne F. Schneider, City Clerk
That the contract for the above improvement Markham moved adoption of the Resolution.
be awarded to Portzen Construction, Inc. and Seconded by Buol. Motion carried 7-0.
the Manager be and is hereby directed to
execute a contract on behalf of the City of Local Law Enforcement Block Grant Funds:
Dubuque for the complete performance of the Proof of publication on notice of hearing and City
work. Manager recommending acceptance of the 2002
BE IT FURTHER RESOLVED: Local Law Enforcement Block Grant Funds,
That upon the signing of said contract and the presented and read. Cline moved that the proof
approval of the contractor’s bond, the City and communication be received and filed and
Treasurer is authorized and instructed to return approved recommendation. Seconded by
the bid deposits of the unsuccessful bidders. Nicholson. Motion carried 7-0.
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Passed, approved and adopted this 5 day of
August, 2002. Michalski moved that the rules be reinstated
Terrance M. Duggan, Mayor limiting discussion to the Council. Seconded by
Attest: Jeanne F. Schneider, City Clerk Nicholson. Motion carried 7-0.
Markham moved adoption of the Resolution.
Seconded by Buol. Motion carried 7-0. ACTION ITEMS
RESOLUTION NO. 394-02
ArTS Dubuque: Representatives of ArTS
RESOLUTION WITH RESPECT TO THE
Dubuque, a cooperative effort of the Dubuque
ADOPTION OF THE RESOLUTION OF
Museum of Art, Dubuque Symphony Orchestra
NECESSITY PROPOSED FOR THE
and the Grand Opera House, to address the
WARTBURG RECONSTRUCTION PROJECT
Council to encourage the City to include arts and
Whereas, the City Council has proposed a cultural organizations in the 2003 – 2004 top ten
Resolution of Necessity for the Wartburg priorities to be set at the City Council’s goal
Reconstruction Project has given notice of the setting in August, presented and read. Cline
public hearing thereon as required by law; and moved that the proof be received and filed.
.
Whereas, the public hearing has been held, all Seconded by Nicholson. Motion carried 7-0
persons offering objections have been heard Bob Woodward spoke asking that the Arts be
and consideration given to all objections and is included in the top 10 list of priorities to support
pending before this Council; and in the City. Geri Schaefer of the Dubuque
Museum of Art, Penny Roeder of the Dubuque
324 Regular Session, August 5, 2002
Symphony and Chris Chapin-Tilton of The Iowa for the Woodward Museum - 2002
Grand Opera House all spoke requesting the Renovations Project.
City’s financial support. Whereas, notice of hearing on plans,
specifications, form of contract, and estimated
Ken Kringle Historic Preservation Award: cost was published as required by law.
Historic Preservation Commission NOW THEREFORE, BE IT RESOLVED BY
recommending approval of the creation of a Ken THE CITY COUNCIL OF THE CITY OF
Kringle Historic Preservation Award to promote DUBUQUE, IOWA:
the preservation of historic buildings and That the said plans, specifications, form of
architectural resources in the community, contract and estimated cost are hereby
presented and read. Buol moved that the approved as the plans, specifications, form of
communication be received and filed. Seconded contract and estimated cost for said
by Michalski. Motion carried 7-0. improvements for said project.
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Passed, adopted and approved this 5 day of
RESOLUTION NO. 395-02
August, 2002.
RESOLUTION APPROVING THE CREATION
Terrance M. Duggan, Mayor
OF THE KEN KRINGLE HISTORIC PRESER-
Attest: Jeanne F. Schneider, City Clerk
VATION AWARD
Cline moved adoption of the Resolution.
Whereas, the City Council has determined the Seconded by Nicholson. Motion carried 7-0.
creation of the Ken Kringle Historic Preservation
RESOLUTION NO. 397-02
Award promotes the preservation of historic
AWARDING CONTRACT –
buildings and architectural resources in the
MASONRY TUCKPOINTING
community.
Whereas, the award is being name after Whereas, sealed proposals have been
Kenneth Kringle, who was dedicated to historic submitted by contractors for the Woodward
preservation and served as a Historic Museum – 2000 Renovations Project, Contract
Preservation Commissioner and President of the No. 1 – Masonry Tuckpointing, pursuant to
Bluff Street Neighborhood Association. Resolution No. 254-02 and notice to bidders
NOW THEREFORE, BE IT RESOLVED BY published in a newspaper published in the City
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THE CITY COUNCIL OF THE CITY OF of Dubuque, Iowa on the 12 day of July, 2002.
DUBUQUE, IOWA: Whereas, said sealed proposals were opened
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Section 1. That the City Council does hereby and read on the 25 day of July, 2002, and it
create the Ken Kringle Historic Preservation has been determined that the bid of Alan
Award to be awarded annually during Historic Jackson Tuckpointing, Inc. of Bellevue, Iowa, in
Preservation Week to the best rehabilitation the amount of $59,499.00 was the lowest bid for
project located in the historic districts. the furnishings of all labor and materials and
Section 2. That Historic Preservation performing the work as provided for in the plans
Commission is hereby authorized to award the and specifications.
Ken Kringle Historic Preservation Award NOW THEREFORE, BE IT RESOLVED BY
annually. THE CITY COUNCIL OF THE CITY OF
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Passed, approved and adopted this 5 day of DUBUQUE, IOWA:
August, 2002. That the contract for the above improvement
Terrance M. Duggan, Mayor be awarded to Alan Jackson Tuckpointing, Inc.
Attest: Jeanne F. Schneider, City Clerk and the Manager be and is hereby directed to
Buol moved adoption of the Resolution. execute a contract on behalf of the City of
Seconded by Michalski. Motion carried 7-0. Dubuque for the complete performance of the
work.
Woodward Museum – 2002 Renovations BE IT FURTHER RESOLVED:
Project: City Manager recommending award of That upon the signing of said contract and the
the six construction contracts associated with approval of the contractor’s bond, the City
the Woodward Museum – 2002 renovations Treasurer is authorized and instructed to return
project, presented and read. Cline moved that the bid deposits of the unsuccessful bidders.
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the proof be received and filed. Seconded by Passed, approved and adopted this 5 day of
Nicholson. Motion carried 7-0. August, 2002.
Terrance M. Duggan, Mayor
RESOLUTION NO. 396-02
Attest: Jeanne F. Schneider, City Clerk
RESOLUTION ADOPTING
Cline moved adoption of the Resolution.
PLANS AND SPECIFICATIONS
Seconded by Nicholson. Motion carried 7-0.
Whereas, on the 1st of May, 2002, plans,
RESOLUTION NO. 398-02
specifications, form of contract and estimated
AWARDING CONTRACT NO. 2 –
cost were filed with the City Clerk of Dubuque,
ROOF AND GUTTERS/DOWNSPOUTS
Regular Session, August 5, 2002 325
Whereas, sealed proposals have been Dubuque for the complete performance of the
submitted by contractors for the Woodward work.
Museum – 2000 Renovations Project, Contract BE IT FURTHER RESOLVED:
No. 2 – Roof & Gutters/Downspouts, pursuant to That upon the signing of said contract and the
Resolution No. 254-02 and notice to bidders approval of the contractor’s bond, the City
published in a newspaper published in the City Treasurer is authorized and instructed to return
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of Dubuque, Iowa on the 12 day of July, 2002. the bid deposits of the unsuccessful bidders.
TH
Whereas, said sealed proposals were opened Passed, approved and adopted this 5 day of
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and read on the 25 day of July, 2002, and it August, 2002.
has been determined that the bid of T&K Terrance M. Duggan, Mayor
Roofing & Sheet Metal Co. of Ely, Iowa, in the Attest: Jeanne F. Schneider, City Clerk
amount of $74,246.00 was the lowest bid for the Cline moved adoption of the Resolution.
furnishings of all labor and materials and Seconded by Nicholson. Motion carried 7-0.
performing the work as provided for in the plans
RESOLUTION NO. 400-02
and specifications.
AWARDING CONTRACT NO. 4 - HVAC
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF Whereas, sealed proposals have been
DUBUQUE, IOWA: submitted by contractors for the Woodward
That the contract for the above improvement Museum – 2000 Renovations Project, Contract
be awarded to T & K Roofing & Sheet Metal Co. No. 4 – HVAC, pursuant to Resolution No. 254-
and the Manager be and is hereby directed to 02 and notice to bidders published in a
execute a contract on behalf of the City of newspaper published in the City of Dubuque,
th
Dubuque for the complete performance of the Iowa on the 12 day of July, 2002.
work. Whereas, said sealed proposals were opened
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BE IT FURTHER RESOLVED: and read on the 25 day of July, 2002, and it
That upon the signing of said contract and the has been determined that the bid of Giese Sheet
approval of the contractor’s bond, the City Metal Company, Inc. of Dubuque, Iowa, in the
Treasurer is authorized and instructed to return amount of $23,900.00 was the lowest bid for the
the bid deposits of the unsuccessful bidders. furnishings of all labor and materials and
Passed, approved and adopted this day of performing the work as provided for in the plans
August, 2002. and specifications.
Terrance M. Duggan, Mayor NOW THEREFORE, BE IT RESOLVED BY
Attest: Jeanne F. Schneider, City Clerk THE CITY COUNCIL OF THE CITY OF
Cline moved adoption of the Resolution. DUBUQUE, IOWA:
Seconded by Nicholson. Motion carried 7-0. That the contract for the above improvement
be awarded to Giese Sheet Metal Company, Inc.
RESOLUTION NO. 399-02
and the Manager be and is hereby directed to
AWARDING CONTRACT NO. 3 -
execute a contract on behalf of the City of
CARPENTRY
Dubuque for the complete performance of the
Whereas, sealed proposals have been work.
submitted by contractors for the Woodward BE IT FURTHER RESOLVED:
Museum – 2000 Renovations Project, Contract That upon the signing of said contract and the
No. 3 – Carpentry, pursuant to Resolution No. approval of the contractor’s bond, the City
254-02 and notice to bidders published in a Treasurer is authorized and instructed to return
newspaper published in the City of Dubuque, the bid deposits of the unsuccessful bidders.
th
Iowa on the 12 day of July, 2002. Passed, approved and adopted this 5th day of
Whereas, said sealed proposals were opened August, 2002.
th
and read on the 25 day of July, 2002, and it Terrance M. Duggan, Mayor
has been determined that the bid of Klauer Attest: Jeanne F. Schneider, City Clerk
Construction Company of Dubuque, Iowa, in the Cline moved adoption of the Resolution.
amount of $55,000.00 was the lowest bid for the Seconded by Nicholson. Motion carried 7-0.
furnishings of all labor and materials and
RESOLUTION NO. 401-02
performing the work as provided for in the plans
AWARDING CONTRACT NO. 5 –
and specifications.
PLUMBING & SPRINKLER
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF Whereas, sealed proposals have been
DUBUQUE, IOWA: submitted by contractors for the Woodward
That the contract for the above improvement Museum – 2000 Renovations Project, Contract
be awarded to Klauer Construction Company No. 5 – Plumbing & Sprinkler, pursuant to
and the Manager be and is hereby directed to Resolution No. 254-02 and notice to bidders
execute a contract on behalf of the City of published in a newspaper published in the City
th
of Dubuque, Iowa on the 12 day of July, 2002.
326 Regular Session, August 5, 2002
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Whereas, said sealed proposals were opened Passed, approved and adopted this 5 day of
th
and read on the 25 day of July, 2002, and it August, 2002.
has been determined that the bid of Tri-State Terrance M. Duggan, Mayor
Automatic Sprinkler of Davenport, Iowa, in the Attest: Jeanne F. Schneider, City Clerk
amount of $58,464.00 was the lowest bid for the Cline moved adoption of the Resolution.
furnishings of all labor and materials and Seconded by Nicholson. Motion carried 7-0.
performing the work as provided for in the plans
and specifications. Outdoor Service of Alcoholic Beverages on
NOW THEREFORE, BE IT RESOLVED BY Public Right-of-Way: City Manager
THE CITY COUNCIL OF THE CITY OF recommending approval of criteria for use of
DUBUQUE, IOWA: public right-of-way for outdoor service of
That the contract for the above improvement alcoholic beverages relating to long-term use of
be awarded to Tri-State Automatic Sprinkler and City property, presented and read. Council
the Manager be and is hereby directed to discussed this at length. Buol moved that the
execute a contract on behalf of the City of communication be received and filed and
Dubuque for the complete performance of the approved criteria with additional criteria
work. regarding litter cleanup and appropriate lease of
BE IT FURTHER RESOLVED: area to be used. Seconded by Markham.
That upon the signing of said contract and the Motion carried 7-0.
approval of the contractor’s bond, the City
Treasurer is authorized and instructed to return Special Event Insurance Grant: City Manager
the bid deposits of the unsuccessful bidders. recommending approval of proposed criteria for
Passed, approved and adopted this 5th day of a Special Event Grant Program for events held
August, 2002. on public right-of-way that require insurance,
Terrance M. Duggan, Mayor presented and read. Buol moved to receive and
Attest: Jeanne F. Schneider, City Clerk file the communication and approve
Cline moved adoption of the Resolution. recommendation. Seconded by Nicholson. No
Seconded by Nicholson. Motion carried 7-0. vote taken on the motion. After further
discussion, Michalski moved to table this matter
RESOLUTION NO. 402-02
and refer to Staff to review the standards.
AWARDING CONTRACT NO. 6 -
Seconded by Nicholson. Motion carried 7-0.
ELECTRICAL
Whereas, sealed proposals have been Mississippi River National Education and
submitted by contractors for the Woodward Conference Center – Cascading Stairs: City
Museum – 2000 Renovations Project, Contract Manager requesting Council direction on the
No. 6 – Electrical, pursuant to Resolution No. design and height of the proposed signage on
254-02 and notice to bidders published in a both sides of the cascading stairs being
newspaper published in the City of Dubuque, constructed near the Mississippi River National
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Iowa on the 12 day of July, 2002. Education and Conference Center, presented
Whereas, said sealed proposals were opened and read. Cline moved that the communication
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and read on the 25 day of July, 2002, and it be received and filed and directed that no
has been determined that the bid of Giese Sheet lettering be done. Seconded by Buol. Motion
Metal Company, Inc. of Dubuque, Iowa, in the carried 7-0.
amount of $31,940.00 was the lowest bid for the
furnishings of all labor and materials and Downtown Planning Committee Membership:
performing the work as provided for in the plans Long Range Planning Commission requesting
and specifications. Council approval of the membership for the
NOW THEREFORE, BE IT RESOLVED BY Downtown Planning Committee of the Long
THE CITY COUNCIL OF THE CITY OF Range Planning Commission, presented and
DUBUQUE, IOWA: read. Nicholson moved that the communication
That the contract for the above improvement be received and filed and approved membership
be awarded to Giese Sheet Metal Company, Inc. as presented. Seconded by Cline. Motion
and the Manager be and is hereby directed to carried 7-0.
execute a contract on behalf of the City of
Dubuque for the complete performance of the Bee Branch Drainage Basin Master Plan
work. Request for Proposals (RFP) City Manager
BE IT FURTHER RESOLVED: recommending approval to solicit proposals to
That upon the signing of said contract and the develop a Drainage Basin Master Plan for the
approval of the contractor’s bond, the City Bee Branch Watershed Basin and further
Treasurer is authorized and instructed to return recommending that Dr. Charles Winterwood be
the bid deposits of the unsuccessful bidders. appointed chairperson of the Citizen Advisory
Committee to be formed as part of the project,
Regular Session, August 5, 2002 327
presented and read. Nicholson moved that the that the communication be received and filed.
communication be received and filed and Seconded by Nicholson. Motion carried 7-0.
approved recommendation. Seconded by Cline.
RESOLUTION NO. 404-02
Carried by the following vote: Yeas—Cline,
RESOLUTION OF INTENT TO DISPOSE OF
Connors, Duggan, Markham, Michalski,
CITY INTEREST IN LOT 4A OF MINERAL LOT
Nicholson. Nays—Buol.
472, DUBUQUE, IOWA
Heritage Trail Extension Project: City Whereas, Joseph G. Feltes has requested
Manager recommending award of the contract purchase of Lot 4A of Mineral Lot 472: and
for the Heritage Trail Extension Project to Whereas, the City Council of the City of
Tschiggfrie Excavating in the amount of Dubuque, Iowa has determined that Lot 4A of
$609,726.65 and directing staff to prepare a Mineral Lot 472 is no longer required for public
change order for the removal of the route along use, and that the sale of Lot 4A of Mineral Lot
Volunteer Drive at a cost of $87,356.25, 472 in the City of Dubuque, Dubuque County,
presented and read. Nicholson moved that the Iowa should be approved.
communication be received and filed. NOW, THEREFORE, BE IT RESOLVED BY
Seconded by Connors. Motion carried 7-0. THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
RESOLUTION NO. 403-02
Section 1. That the City of Dubuque intends to
AWARDING CONTRACT
dispose of its interest in Lot 4A of Mineral Lot
Whereas, sealed proposals have been 472 in the City of Dubuque, Iowa.
submitted by contractors for the Heritage Trail Section 2. That the conveyance of Lot 4A of
nd
Extension – 22 Street to Mines of Spain Mineral Lot 472 in the City of Dubuque, Iowa
Project pursuant to Resolution No. 319-02 and subject to easements of record to Joseph G.
notice to bidders published in a newspaper Feltes be contingent upon the payment of $1,
published in the City of Dubuque, Iowa on the plus publication and filing fees.
st
21 day of June, 2002. Section 3. The City Clerk is hereby authorized
Whereas, said sealed proposals were opened and directed to cause this Resolution and a
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and read on the 16 day of July, 2002, by the notice to be published as prescribed by Iowa
Iowa Department of Transportation (IDOT), and Code Section 364.7 of a public hearing on the
it has been determined that the bid of City’s intent to dispose of the foregoing-
th
Tschiggfrie Excavating Company of Dubuque, described real property, to be held on the 19
Iowa, in the amount of $609,726.65 was the day of August, 2002, at 6:30 o’clock p.m. at the
th
lowest bid for the furnishings of all labor and public library auditorium, 11 & Locust,
materials and performing the work as provided Dubuque, Iowa.
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for in the plans and specifications. Passed, approved and adopted this 5 day of
NOW THEREFORE, BE IT RESOLVED BY August, 2002.
THE CITY COUNCIL OF THE CITY OF Terrance M. Duggan, Mayor
DUBUQUE, IOWA: Attest: Jeanne F. Schneider, City Clerk
That the contract for the above improvement Michalski moved adoption of the Resolution
be awarded to Tschiggfrie Excavating Company and set this for public hearing on 8/19/02 at a
and the Manager be and is hereby directed to meeting to commence at 6:30 P.M. in the public
execute a contract on behalf of the City of library auditorium and that the City Clerk publish
Dubuque for the complete performance of the notice in the manner prescribed by law.
work. Seconded by Nicholson. Motion carried 7-0.
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Passed, approved and adopted this 5 day of
August, 2002. Lenox Addition – Sale of City Property: City
Terrance M. Duggan, Mayor Manager recommending that a public hearing be
Attest: Jeanne F. Schneider, City Clerk set for August 19, 2002 to consider disposing of
Nicholson moved adoption of the Resolution. City-owned property located in Lenox Addition to
Seconded by Connors. Motion carried 7-0. Eric and Bonita Timmerman, presented and
read. Michalski moved that the communication
ITEMS TO BE SET FOR PUBLIC HEARING be received and filed. Seconded by Nicholson.
Motion carried 7-0.
Request to Purchase City-Owned Property –
RESOLUTION NO. 405-02
Joseph Feltes: City Manager recommending
RESOLUTION OF INTENT TO DISPOSE OF
that a public hearing be set for August 19, 2002
CITY INTEREST IN LOT 130 OF LENOX
to consider a request from Joseph G. Feltes to
ADDITION, DUBUQUE, IOWA
purchase City-owned property located between
his property at 2616 Stafford and Linwood Whereas, Eric and Bonita Timmerman have
Cemetery, presented and read. Michalski moved offered to purchase Lot 130 of Lenox Addition
owned by the City: and
328 Regular Session, August 5, 2002
Whereas, the City Council of the City of 9 Birch Acres in the City of Dubuque, Dubuque
Dubuque, Iowa has determined that Lot 130 of County, Iowa should be approved.
Lenox Addition is no longer required for public NOW, THEREFORE, BE IT RESOLVED BY
use, and that the sale of Lot 130 of Lenox THE CITY COUNCIL OF THE CITY OF
Addition in the City of Dubuque, Dubuque DUBUQUE, IOWA:
County, Iowa should be approved. Section 1. That the City of Dubuque intends to
NOW, THEREFORE, BE IT RESOLVED BY dispose of its interest in Lot 3 Block 9 Birch
THE CITY COUNCIL OF THE CITY OF Acres and Lot 4 Block 9 Birch Acres in the City
DUBUQUE, IOWA: of Dubuque, Iowa.
Section 1. That the City of Dubuque intends to Section 2. That the conveyance of Lot 3 Block
dispose of its interest in Lot 130 of Lenox 9 Birch Acres and Lot 4 Block 9 Birch Acres in
Addition in the City of Dubuque, Iowa. the City of Dubuque, Iowa subject to easements
Section 2. That the conveyance of Lot 130 of of record to Jeff Arensdorf be contingent upon
Lenox Addition in the City of Dubuque, Iowa the payment of $27,000, plus publication and
subject to easements of record to Eric and filing fees.
Bonita Timmerman be contingent upon the Section 3. The City Clerk is hereby authorized
payment of $500, plus publication and filing and directed to cause this Resolution and a
fees. notice to be published as prescribed by Iowa
Section 3. The City Clerk is hereby authorized Code Section 364.7 of a public hearing on the
and directed to cause this Resolution and a City’s intent to dispose of the foregoing-
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notice to be published as prescribed by Iowa described real property, to be held on the 19
Code Section 364.7 of a public hearing on the day of August, 2002, at 6:30 o’clock p.m. at the
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City’s intent to dispose of the foregoing-public library auditorium, 11 & Locust,
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described real property, to be held on the 19 Dubuque, Iowa.
th
day of August, 2002, at 6:30 o’clock p.m. at the Passed, approved and adopted this 5 day of
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public library auditorium, 11 & Locust, August, 2002.
Dubuque, Iowa. Terrance M. Duggan, Mayor
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Passed, approved and adopted this 5 day of Attest: Jeanne F. Schneider, City Clerk
August, 2002. Michalski moved adoption of the Resolution
Terrance M. Duggan, Mayor and set this public hearing for 8/19/02 at a
Attest: Jeanne F. Schneider, City Clerk meeting to commence at 6:30 P.M. in the public
Michalski moved adoption of the Resolution library auditorium and that the City Clerk publish
and set this for public hearing on 8/19/02 at a notice in the manner prescribed by law.
meeting to commence at 6:30 P.M. in the public Seconded by Nicholson. Motion carried 7-0.
library auditorium and that the City Clerk publish
notice in the manner prescribed by law. Flora Pool Painting Project – Initiate: City
Seconded by Nicholson. Motion carried 7-0. Manager recommending initiation of the bidding
process for the Flora Pool Painting Project and
Birch Acres – Sale of City Property: City setting a public hearing for September 3, 2002,
Manager recommending that a public hearing be presented and read. Michalski moved that the
set for August 19, 2002 to consider disposing of communication be received and filed. Seconded
City-owned property located in Birch Acres to by Nicholson. Motion carried 7-0.
Jeff Arensdorf, presented and read. Michalski
RESOLUTION NO. 407-02
moved that the communication be received and
PRELIMINARY APPROVAL OF
filed. Seconded by Nicholson. Motion carried 7-
PLANS AND SPECIFICATIONS
0.
BE IT RESOLVED BY THE CITY COUNCIL
RESOLUTION NO. 406-02
OF THE CITY OF DUBUQUE, IOWA:
RESOLUTION OF INTENT TO DISPOSE OF
That the proposed plans, specifications, form
CITY INTEREST IN LOT 3 BLOCK 9 BIRCH
of contract and estimated cost for the FLORA
ACRES AND LOT 4 BLOCK 9 BIRCH ACRES,
POOL TANK PAINTING PROJECT, in the
DUBUQUE, IOWA
estimated amount of $53,000, are hereby
Whereas, Jeff Arensdorf has offered to approved and ordered filed in the office of the
purchase Lot 3 Block 9 Birch Acres and Lot 4 City Clerk, for public inspection.
Block 9 Birch Acres owned by the City of Passed, approved and adopted this 5th day of
Dubuque: and August, 2002.
Whereas, the City Council of the City of Terrance M. Duggan, Mayor
Dubuque, Iowa has determined that Lot 3 Block Attest: Jeanne F. Schneider, City Clerk
9 Birch Acres and Lot 4 Block 9 Birch Acres are Michalski moved adoption of the Resolution.
no longer required for public use, and that the Seconded by Nicholson. Motion carried 7-0.
sale of Lot 3 Block 9 Birch Acres and Lot 4 Block
Regular Session, August 5, 2002 329
RESOLUTION NO. 408-02
Passed, approved and adopted this 5th day of
FIXING DATE OF HEARING
August, 2002.
ON PLANS AND SPECIFICATIONS
Terrance M. Duggan, Mayor
WHEREAS, the City Council of the City of Attest: Jeanne F. Schneider, City Clerk
Dubuque, Iowa has given its preliminary Michalski moved adoption of the Resolution.
approval on the proposed plans, specifications, Seconded by Nicholson. Motion carried 7-0.
and form of contract and placed same on file in
the office of the City Clerk for public inspection West Locust Street Storm Sewer
of the FLORA POOL TANK PAINTING Improvements – Initiate: City Manager
PROJECT. recommending initiation of the bidding process
NOW, THEREFORE, BE IT RESOLVED, BY for the West Locust Street Storm Sewer
THE CITY COUNCIL OF THE CITY OF Improvements Project and setting a public
DUBUQUE, IOWA, that on the 3rd day of hearing for September 3, 2002, presented and
September, 2002, a public hearing will be held read. Michalski moved that the communication
at 6:30 p.m. in the Public Library Auditorium, at be received and filed. Seconded by Nicholson.
which time interested persons may appear and Motion carried 7-0.
be heard for or against the proposed plans and
RESOLUTION NO. 410-02
specifications, form of contract and cost of said
PRELIMINARY APPROVAL
improvement, and the City Clerk be and is
OF PLANS AND SPECIFICATIONS
hereby directed to cause a notice of time and
place of such hearing to be published in a NOW THEREFORE, BE IT RESOLVED BY
newspaper having general circulation in the City THE CITY COUNCIL OF THE CITY OF
of Dubuque, Iowa, which notice shall be not less DUBUQUE, IOWA:
than four days nor more than twenty days prior That the proposed plans, specifications, form
to the day fixed for its consideration. At the of contract and estimated cost for the West
hearing, any interested person may appear and Locust Storm Sewer Improvements Project in
file objections to the proposed plans, the estimated amount $259,305.01 are hereby
specifications, contract, or estimated cost of the approved and ordered filed in the office of the
improvement. City Clerk for public inspection.
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Passed, approved and adopted this 5th day of Passed, adopted and approved this 5 day of
August, 2002. August, 2002.
Terrance M. Duggan, Mayor Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution. Michalski moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0. Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 409-02 RESOLUTION NO. 411-02
ORDERING BIDSFIXING DATE OF HEARING
ON PLANS AND SPECIFICATIONS
BE IT RESOLVED BY THE COUNCIL OF
THE CITY OF DUBUQUE, IOWA: Whereas, the City Council of the City of
That the FLORA POOL TANK PAINTING Dubuque, Iowa has given its preliminary
PROJECT is hereby ordered to be advertised for approval on the proposed plans, specifications,
bids for construction. and form of contract and placed same on file in
BE IT FURTHER RESOLVED, that the amount the office of the City Clerk for public inspection
of the security to accompany each bid shall be in of the West Locust Storm Sewer Improvements
an amount which shall conform to the provisions Project.
of the notice to bidders hereby approved as a NOW THEREFORE, BE IT RESOLVED BY
part of the plans and specifications heretofore THE CITY COUNCIL OF THE CITY OF
adopted. DUBUQUE, IOWA:
rd
That the City Clerk is hereby directed to That a public hearing will be held on the 3
advertise for bids for the construction of the day of September, 2002, 2002, at 6:30 p.m. in
improvements herein provided, to be published the Public Library Auditorium at which time
in a newspaper having general circulation in the interested persons may appear and be heard for
City of Dubuque, Iowa, which notice shall not be or against the proposed plans and
less than four days nor more than twenty days specifications, form of contract and cost of said
prior to the receipt of said bids at 2:00 p.m. on improvement, and the City Clerk be and is
the 20th day of August, 2002. Bids shall be hereby directed to cause a notice of time and
opened and read by the City Clerk at said time place of such hearing to be published in a
and will be submitted to the Council for final newspaper having general circulation in the City
action at 6:30 p.m. on the 3rd day of September, of Dubuque, Iowa, which notice shall be not less
2002. than four days nor more than twenty days prior
to the day fixed for its consideration. At the
330 Regular Session, August 5, 2002
hearing, any interested person may appear and amount $1,847,870.35 are hereby approved and
file objections to the proposed plans, ordered filed in the office of the City Clerk for
specifications, contract, or estimated cost of the public inspection.
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improvement. Passed, adopted and approved this 5 day of
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Passed, adopted and approved this 5 day of August, 2002.
August, 2002. Terrance M. Duggan, Mayor
Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk
Attest: Jeanne, F. Schneider, City Clerk Michalski moved adoption of the Resolution.
Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 414-02
RESOLUTION NO. 412-02 FIXING DATE OF HEARING
ORDERING BIDSON PLANS AND SPECIFICATIONS
NOW THEREFORE, BE IT RESOLVED BY Whereas, the City Council of the City of
THE COUNCIL OF THE CITY OF DUBUQUE, Dubuque, Iowa has given its preliminary
IOWA: approval on the proposed plans, specifications,
That the West Locust Storm Sewer and form of contract and placed same on file in
Improvements Project is hereby ordered to be the office of the City Clerk for public inspection
advertised for bids for construction. of the Ice Harbor West Road and Trail Project.
BE IT FURTHER RESOLVED, that the amount NOW THEREFORE, BE IT RESOLVED BY
of the security to accompany each bid shall be in THE CITY COUNCIL OF THE CITY OF
an amount which shall conform to the provisions DUBUQUE, IOWA:
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of the Notice to Bidders hereby approved as a That a public hearing will be held on the 16
part of the plans and specifications heretofore day of September, 2002, at 6:30 p.m. in the
adopted. Public Library Auditorium at which time
That the City Clerk is hereby directed to interested persons may appear and be heard for
advertise for bids for the construction of the or against the proposed plans and
improvements herein provided, to be published specifications, form of contract and cost of said
in a newspaper having general circulation in the improvement, and the City Clerk be and is
City of Dubuque, Iowa, which notice shall not be hereby directed to cause a notice of time and
less than four days nor more than forty-five days place of such hearing to be published in a
prior to the receipt of said bids at 2:00 p.m. on newspaper having general circulation in the City
st
the 21 day of August, 2002. Bids shall be of Dubuque, Iowa, which notice shall be not less
opened and read by the City Clerk at said time than four days nor more than twenty days prior
and will be submitted to the Council for final to the day fixed for its consideration. At the
rd
action at 6:30 p.m. on the 3 day of September, hearing, any interested person may appear and
2002. file objections to the proposed plans,
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Passed, adopted and approved this 5 day of specifications, contract, or estimated cost of the
August, 2002. improvement.
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Terrance M. Duggan, Mayor Passed, adopted and approved this 5 day of
Attest: Jeanne F. Schneider, City Clerk August, 2002.
Michalski moved adoption of the Resolution. Terrance M. Duggan, Mayor
Seconded by Nicholson. Motion carried 7-0. Attest: Jeanne, F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Ice Harbor West Road / Walk Construction Seconded by Nicholson. Motion carried 7-0.
Project: City Manager recommending initiation
RESOLUTION NO. 415-02
of the bidding process for the Ice Harbor West
ORDERING BIDS
Road / Walk Construction Project and setting a
public hearing for September 16, 2002, NOW THEREFORE, BE IT RESOLVED BY
presented and read. Michalski moved adoption THE COUNCIL OF THE CITY OF DUBUQUE,
of the Resolution. Seconded by Nicholson. IOWA:
Motion carried 7-0. That the Ice Harbor West Road and Trail
Project is hereby ordered to be advertised for
RESOLUTION NO. 413-02
bids for construction.
PRELIMINARY APPROVAL OF
BE IT FURTHER RESOLVED, that the amount
PLANS AND SPECIFICATIONS
of the security to accompany each bid shall be in
NOW THEREFORE, BE IT RESOLVED BY an amount which shall conform to the provisions
THE CITY COUNCIL OF THE CITY OF of the Notice to Bidders hereby approved as a
DUBUQUE, IOWA: part of the plans and specifications heretofore
That the proposed plans, specifications, form adopted.
of contract and estimated cost for the Ice Harbor That the City Clerk is hereby directed to
West Road and Trail Project, in the estimated advertise for bids for the construction of the
Regular Session, August 5, 2002 331
improvements herein provided, to be published
in a newspaper having general circulation in the Approved:__________________________2002
City of Dubuque, Iowa, which notice shall not be
less than four days nor more than forty-five days Adopted:___________________________2002
prior to the receipt of said bids at 2:00 p.m. on
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the 5 day of September, 2002. Bids shall be
opened and read by the City Clerk at said time ______________________________________
and will be submitted to the Council for final Mayor
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action at 6:30 p.m. on the 16 day of
September, 2002. ______________________________________
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Passed, adopted and approved this 5 day of
August, 2002. ______________________________________
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk ______________________________________
Michalski moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0. ______________________________________
There being no further business, Nicholson ______________________________________
moved to adjourn. Seconded by Michalski.
Motion carried 7-0. The meeting adjourned at ______________________________________
10:14 P.M. Council Members
/s/ Jeanne F. Schneider, CMC Attest:
City Clerk
______________________________________
1t 8/14 City Clerk
332 Regular Session, August 19, 2002
DUBUQUE
moved that the report be received and filed.
Seconded by Michalski. Motion carried 7-0.
CITY COUNCIL
OFFICIAL
Notice of Claims/Suits: Dan Junk in estimated
PROCEEDINGS
amount of $220 for vehicle damage; Wells Fargo
Home Mortgage vs. City of Dubuque et al,
City Council, Regular Session, August 19,
presented and read. Buol moved that the
2002
claims and suits be referred to the Legal Staff
Council met in Regular Session at 6:30 P.M. in
for investigation and report. Seconded by
the Library Auditorium
Michalski. Motion carried 7-0.
Present: Mayor Duggan, Council Members
Buol, Cline, Connors, Markham, Michalski,
Corporation Counsel advising that the
Nicholson, Assistant City Manager Cindy
following claim has been referred to Public Entity
Steinhauser, Corporation Counsel Barry Lindahl.
Risk Services of Iowa, the agent for the Iowa
Absent: City Manager Michael Van Milligen
Communities Assurance Pool: Marge Oglesby
for personal injury, presented and read. Buol
Mayor Duggan read the call and stated this is
moved that the communication be received and
the regular session of the City Council called for
filed and concurred. Seconded by Michalski.
the purpose of acting upon such business which
Motion carried 7-0.
may properly come before the City Council.
Corporation Counsel recommending
Invocation was given by Father Lyle
settlement of the claim of Carl Till for property
Wilgenbusch, Pastor, St. Joseph the Worker
damage and that the Finance Director issue
Church.
payment, presented and read. Buol moved that
the communication be received and filed and
Proclamation: Tour de Dubuque Day (August
directed Finance Director to issue proper
24, 2002) received by Mike Martin, Hospice of
payment. Seconded by Michalski. Motion
Dubuque and Kevin Pike of the Custom Riders
carried 7-0.
for Hospice of Dubuque.
Voluntary Annexation Request: Request of
CONSENT ITEMS
Jack Borchers, Chair of Trustees for Grandview
Avenue United Methodist Church, requesting the
Minutes Submitted: Airport Commission of
voluntary annexation of a 26.398 acre parcel of
7/29; City Council of 8/5; Housing Trust Fund
property to the City of Dubuque, presented and
Committee of 7/30; Human Rights Commission
read. Buol moved that the communication be
of 7/8; Investment Oversight Advisory
received and filed and referred to the City
Commission of 7/25, presented and read. Buol
Manager. Seconded by Michalski. Motion
moved that the minutes be received and filed.
carried 7-0.
Seconded by Michalski. Motion carried 7-0.
Cable Community Teleprogramming
Proof of publication of City Council
Commission: Communication from Dave
Proceedings of 7/15 and 7/23 and Municipal
Wanamaker advising that he will not be
Housing Agency of 7/15, presented and read.
renewing his position on the Cable Community
Buol moved that the proofs be received and
Teleprogramming Commission, presented and
filed. Seconded by Michalski. Motion carried 7-
read. Buol moved that the communication be
0.
received and filed. Seconded by Michalski.
Motion carried 7-0.
Printed Council Proceedings for May, 2002,
presented and read. Buol moved that the
Historic Preservation Priorities for City Council
proceedings be approved as printed. Seconded
Goal Setting Session: Communication from the
by Michalski. Motion carried 7-0.
Historic Preservation Commission requesting
that the City Council consider various historic
Finance Director submitting the City of
preservation priorities at the August goal setting
Dubuque Financial Reports for the month ending
session, presented and read. Buol moved that
July 31, 2002, presented and read. Buol moved
the communication be received and filed.
that the communication and reports be received
Seconded by Michalski. Motion carried 7-0.
and filed. Seconded by Michalski. Motion
carried 7-0.
Plat of Survey – West Ridge Third Addition:
Zoning Advisory Commission recommending
Substance Abuse Services Center Fourth
approval of the Plat of Survey of Lot 1 and Lot A
Quarter Report, presented and read. Buol
of West Ridge Third Addition, a Division of Lot 1-
12, inclusive, and Lot 13-A of West Ridge
Regular Session, August 19, 2002 333
RESOLUTION NO. 417-02
Second Addition at the request of Larry Miller,
RESOLUTION AUTHORIZING IOWA DEPART-
presented and read. Buol moved that the
MENT OF ECONOMIC DEVELOPMENT
communication be received and filed. Seconded
GRANT APPLICATION FOR DOWNTOWN
by Michalski. Motion carried 7-0.
MASTER PLAN
RESOLUTION NO. 416-02
Whereas, the City Council has made creation
RESOLUTION APPROVING THE PLAT OF
of a Downtown Master Plan a priority; and
SURVEY OF LOT 1 AND LOT A OF WEST
Whereas, the City Council has allocated
RIDGE THIRD ADDITION, A DIVISION OF LOT
$50,000 towards this project; and
1-12, INCLUSIVE, AND LOT 13-A OF WEST
Whereas, the Iowa Department of Economic
RIDGE SECOND ADDITION IN THE CITY OF
Development (IDED) has invited the City of
DUBUQUE, IOWA
Dubuque to apply for a grant from the IDED’s
Whereas, there has been filed with the City Community Development Fund for this project.
Clerk a Plat of Survey of Lot 1 and Lot A of West NOW THEREFORE, BE IT RESOLVED BY
Ridge Third Addition, a Division of Lot 1-12, THE CITY COUNCIL OF THE CITY OF
Inclusive, and Lot 13-A of West Ridge Second DUBUQUE, IOWA:
Addition, in the City of Dubuque, Iowa and Section 1. The Downtown Planning Committee
Whereas, said plat provides Lot A with 0 feet heretofore has reviewed this grant application.
of lot frontage, where 50 feet is required by Section 2. The Mayor is hereby authorized to
Section 42-19(b) of the Subdivision Regulations; sign the IDED grant application for creation of
and the Downtown Master Plan on behalf of the City
Whereas, said plat of survey has been of Dubuque.
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examined by the Zoning Advisory Commission Passed, approved and adopted this 19 day of
and had its approval endorsed thereon; and August, 2002.
Whereas, said plat of survey has been Terrance M. Duggan, Mayor
examined by the City Council and they find that Attest: Jeanne F. Schneider, City Clerk
it conforms to the statutes and ordinances Buol moved adoption of the Resolution.
relating thereto. Seconded by Michalski. Motion carried 7-0.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF Fiscal Year 2003 Budget Amendment –
DUBUQUE, IOWA: Human Rights Department: City Manager
Section 1. That Section 42-19(b) of the recommending approval of an amendment to the
Subdivision Regulations is waived to allow Lot A Human Rights Department’s Fiscal Year 2003
with 0 feet of lot frontage, where 50 feet is budget to reflect the receipt of HUD contract
required. amounts, presented and read. Buol moved that
Section 2. That the Plat of Survey of Lot 1 and the communication be received and filed and
Lot A of West Ridge Third Addition, a Division of approved recommendation. Seconded by
Lot 1-12, Inclusive, and Lot 13-A of West Ridge Michalski. Motion carried 7-0.
Second Addition is hereby approved, and the
Mayor and City Clerk are hereby authorized and Irrevocable License – 2900 Jackson: City
directed to endorse the approval of the City of Manager recommending approval of a right-of-
Dubuque, Iowa upon said final plat. way encroachment request from Carole A. Swift,
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Passed, approved and adopted this 19 day of 2900 Jackson, to enclose an existing exterior
th
August 2002. stairway on the 29 Street side of her building,
Terrance M. Duggan, Mayor presented and read. Buol moved that the
Attest: Jeanne F. Schneider, City Clerk communication be received and filed and
Buol moved adoption of the Resolution. approved recommendation. Seconded by
Seconded by Michalski. Motion carried 7-0. Michalski. Motion carried 7-0.
Downtown Master Plan: City Manager Citizen Communication: Communication from
recommending approval of a grant application to Rich Wallace, District Manager for American
the Iowa Department of Economic Development Family Insurance, regarding free parking
in the amount of $25,000 for preparation of a downtown on weekends, presented and read.
Downtown Master Plan, presented and read. Buol moved that the communication be received
Buol moved adoption of the Resolution. and filed. Seconded by Connors. Motion carried
Seconded by Michalski. Motion carried 7-0. 7-0.
Dave Rusk, member of the Long Range Connors requested information about the
Planning Commission and Downtown Planning difference in revenue if free parking was offered
Committee, spoke in full support of the grant on Saturdays. Steinhauser explained about the
application and gave history of the fund raising. City’s Courtesy Parking Ticket program.
334 Regular Session, August 19, 2002
HUD Partnership Initiative: City Manager Terrance M. Duggan, Mayor
recommending approval of a contract between Attest: Jeanne F. Schneider, City Clerk
the Human Rights Department and the Disability Buol moved adoption of the Resolution.
Management Consulting Group, L.L.C. to Seconded by Michalski. Motion carried 7-0.
perform accessibility audits of multi-family
RESOLUTION NO. 419-02
housing, which is a Housing and Urban
Development (HUD) partnership initiative Whereas, applications for Liquor Licenses
previously approved by Council, presented and have been submitted to this Council for approval
read. Buol moved that the communication be and the same have been examined and
received and filed and approved approved; and
recommendation. Seconded by Michalski. Whereas, the premises to be occupied by such
Motion carried 7-0. applicants were inspected and found to comply
with the State Laws and all City Ordinances
GIS Data Use Agreement: City Manager relevant thereto and they have filed proper
recommending approval of an agreement bonds.
between the City of Dubuque and Dubuque NOW, THEREFORE, BE IT RESOLVED BY
County for the sharing of Geographical THE CITY COUNCIL OF THE CITY OF
Information System (GIS) data, presented and DUBUQUE, IOWA:
read. Buol moved that the communication be That the Manager be authorized to cause to be
received and filed and approved issued the following named applicants a Liquor
recommendation. Seconded by Michalski. License
Motion carried 7-0. CLASS “C” BEER/LIQUOR LICENSE
Clarke College of Dubuque Clarke College+
Business Licenses: (Sunday Sale) 1550 Clarke Dr
David Erickson Lucky 13 Tap+
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RESOLUTION NO. 418-02
(Sunday Sale) 385 E. 13 St
BEER David Kirkpatrick Cedars Grill & Steakhouse+
Whereas, applications for Beer Permits have (Sunday Sale) 2155 South Park
been submitted and filed to this Council for CLASS “B” WINE
approval and the same have been examined TFM Co. Oky Doky # 6
and approved: and 1256 Iowa St
Whereas, the premises to be occupied by Sid’s Beverage Store Sid’s Beverage Store
such applicants were inspected and found to 2727 Dodge St
comply with the Ordinances of the City and have TFM Co. Oky Doky # 2
nd
filed proper bonds. 51 W. 32 St
NOW, THEREFORE, BE IT RESOLVED BY CLASS “C” (5 DAY SPECIAL EVENT)
THE CITY COUNCIL OF THE CITY OF Carlos O’Kelly’s Inc. Carlos O’Kelly's
DUBUQUE, IOWA: That the Manager be (Dragon Boat Festival) Miller-Riverview Park
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authorized to cause to be issued the following Passed, approved and adopted this 19 day
named applicants a Beer Permit. of August, 2002.
CLASS “B” BEER PERMIT Terrance M. Duggan, Mayor
Tri State Golf Center Inc. Tri State Golf Attest: Jeanne F. Schneider, City Clerk
Center+ (Sunday /Outdoor Sale) 1095 Cedar Buol moved adoption of the Resolution.
Cross Seconded by Michalski. Motion carried 7-0.
CLASS “C” BEER PERMIT
Sids Beverage Store Inc. Sid’s Beverage+ BOARDS/COMMISSIONS
(Sunday Sale) 2727 Dodge St
Mulgrew Oil Com. Asbury AMOCO Applicants are invited to address the Council
Food Shop+(Sunday Sale) 3300 Asbury St regarding their desire to serve on the following
TMF Co Oky Doky # 6+ Commissions:
(Sunday Sale) 1256 Iowa St. Historic Preservation Commission (Three 3-
Oky Doky # 21LLC Oky Doky # 21+ year unexpired terms); Applicant: Christopher
(Sunday Sale) 2010 Kerper Blvd R. Scheopner (Cathedral District). Mr.
CLASS “B” BEER (5 DAY SPECIAL EVENT) Scheophner spoke requesting consideration for
Dubuque Jaycees Dubuque Jaycees+ appointment.
(Outdoor Sale) Tent A Town Clock Housing Commission (Three 3-year terms to
Dubuque Jaycees Dubuque Jaycees+ expire 8/17/05); Applicant: Floyd Schneider. No
(Outdoor Sale) Tent B Town Clock one spoke.
Dubuque Jaycees Dubuque Jaycees+
(Outdoor Sale) Tent C Town Clock Appointments to the following Commissions:
Passed, approved and adopted this 19th day Environmental Stewardship Advisory
of August, 2002. Commission (One vacant 3-year term to expire
Regular Session, August 19, 2002 335
10/1/03) Applicant: Andrea Bixler. Markham sum of $1, plus cost of publication and filing
moved that Andrea Bixler be appointed to the fees. Conveyance shall be by Quit Claim Deed
unexpired term to expire 10/1/03. Seconded by subject to reservation of utility easements.
Buol. Motion carried 7-0. Section 2. That the Mayor be authorized and
Historic Preservation Commission (Three 3-directed to execute a Quit Claim Deed, and the
year unexpired terms); Applicant: John E. City Clerk be and is hereby authorized and
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Whalen (West 11 District). Michalski moved directed to deliver said deed of conveyance to
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that John E. Whalen be appointed to the W. 11 Joseph Feltes upon receipt of the purchase
District unexpired term which will expire 7/1/04. price in full, and payment of publication and filing
Seconded by Cline. Motion carried 7-0. fees.
Housing Commission (Three 3-year terms to Section 3. That the City Clerk be and is hereby
expire 8/17/05 – Neustadt, Swift, Vacant); authorized and directed to record a certified
Applicant: Harry Neustadt. Markham moved copy of this resolution in the office of the City
that Harry Neustadt be reappointed to a three Assessor, Dubuque County Recorder and
year term which will expire 8/17/05. Seconded Dubuque County Auditor.
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by Cline. Motion carried 7-0. Passed, approved and adopted this 19 day of
August, 2002.
PUBLIC HEARINGS Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved to suspend the rules to allow Markham moved adoption of the Resolution.
anyone present to address the Council if they so Seconded by Nicholson. Motion carried 7-0.
desire. Seconded by Connors. Motion carried
7-0. Lenox Addition – Sale of City Property: Proof
of publication on notice of public hearing and
Request to Purchase City-Owned Property – City Manager recommending approval of the
Joseph Feltes: Proof of publication on notice of disposal of City-owned property located in Lenox
public hearing and City Manager recommending Addition to Eric and Bonita Timmerman,
approval of a request from Joseph G. Feltes to presented and read. Markham moved that the
purchase City-owned property located between proof and communication be received and filed.
his property at 2616 Stafford and Linwood Seconded by Nicholson. Carried by the following
Cemetery, presented and read. Markham vote: Yeas—Buol, Connors, Duggan, Markham,
moved that the proof and communication be Michalski, Nicholson, Buol. Nays—Cline.
received and filed. Seconded by Nicholson.
RESOLUTION NO. 421-02
Motion carried 7-0.
RESOLUTION DISPOSING OF CITY
RESOLUTION NO. 420-02 INTEREST IN LOT 130 OF LENOX ADDITION,
RESOLUTION DISPOSING OF CITY DUBUQUE, IOWA
INTEREST IN LOT 4A OF MINERAL LOT 472,
Whereas, pursuant to resolution and published
DUBUQUE, IOWA
notice of time and place of hearing, published in
Whereas, pursuant to resolution and published the Telegraph Herald, a newspaper of general
notice of time and place of hearing, published in circulation published in the City of Dubuque,
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the Telegraph Herald, a newspaper of general Iowa on the 9 day of August, 2002, the City
circulation published in the City of Dubuque, Council of the City of Dubuque, Iowa met on the
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Iowa on the 9th day of August, 2002, the City 19 day of August, 2002, at 6:30 p.m. in the
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Council of the City of Dubuque, Iowa met on the Public Library Auditorium, 360 West 11 Street,
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19 day of August, 2002, at 6:30 p.m. in the Dubuque, Dubuque County, Iowa to consider
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Public Library Auditorium, 360 West 11 Street, the proposal for the sale of real estate described
Dubuque, Dubuque County, Iowa to consider as:
the proposal for the sale of real estate described Lot 130 of Lenox Addition City of Dubuque,
as: Dubuque County, Iowa
Lot 4A of Mineral Lot 472, City of Dubuque, Whereas, the City Council of the City of
Dubuque County, Iowa Dubuque, Iowa overruled any and all objections,
Whereas, the City Council of the City of oral or written to the proposal to sell such real
Dubuque, Iowa overruled any and all objections, estate.
oral or written to the proposal to sell such real NOW, THEREFORE, BE IT RESOLVED BY
estate. THE CITY COUNCIL OF THE CITY OF
NOW, THEREFORE, BE IT RESOLVED BY DUBUQUE, IOWA:
THE CITY COUNCIL OF THE CITY OF Section 1. That the sale of Lot 130 of Lenox
DUBUQUE, IOWA: Addition in the City of Dubuque, Iowa to Eric and
Section 1. That the sale of Lot 4A of Mineral Bonita Timmerman and the same is hereby
Lot 472 in the City of Dubuque, Iowa to Joseph approved for the sum of $500, plus cost of
Feltes and the same is hereby approved for the publication and filing fees. Conveyance shall be
336 Regular Session, August 19, 2002
by Quit Claim Deed subject to reservation of of Dubuque, Iowa to Jeff Arensdorf and the
utility easements. same is hereby approved for the sum of
Section 2. That the Mayor be authorized and $27,000, plus cost of publication and filing fees.
directed to execute a Quit Claim Deed, and the Conveyance shall be by Quit Claim Deed
City Clerk be and is hereby authorized and subject to reservation of utility easements.
directed to deliver said deed of conveyance to Section 2. That the Mayor be authorized and
Eric and Bonita Timmerman upon receipt of the directed to execute a Quit Claim Deed, and the
purchase price in full and payment of publication City Clerk be and is hereby authorized and
and filing fees. directed to deliver said deed of conveyance to
Section 3. That the City Clerk be and is hereby Jeff Arensdorf upon receipt of the purchase
authorized and directed to record a certified price in full, and payment of publication and filing
copy of this resolution in the office of the City fees.
Assessor, Dubuque County Recorder and Section 3. That the City Clerk be and is hereby
Dubuque County Auditor. authorized and directed to record a certified
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Passed, approved and adopted this 19 day of copy of this resolution in the office of the City
August, 2002. Assessor, Dubuque County Recorder and
Terrance M. Duggan, Mayor Dubuque County Auditor.
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Attest: Jeanne F. Schneider, City Clerk Passed, approved and adopted this 19 day of
Markham moved adoption of the Resolution. August, 2002.
Seconded by Nicholson. Carried by the Terrance M. Duggan, Mayor
following vote: Yeas—Buol, Connors, Duggan, Attest: Jeanne F. Schneider, City Clerk
Markham, Michalski, Nicholson, Buol. Nays—Buol moved adoption of the Resolution.
Cline. Seconded by Markham. Motion carried 7-0.
Birch Acres – Sale of City Property: Proof of Alpine Park – Planned Unit Development
publication on notice of public hearing and City Amendment: Proof of publication on notice of
Manager recommending approval of the hearing to consider amending the PUD Planned
disposal of City-owned property located in Birch Unit Development for Alpine Park community,
Acres to Jeff Arensdorf, presented and read. south of Tanzanite Drive, to allow a 12-foot by
Buol moved that the proof and communication 25-foot sign and to place sidewalk along one
be received and filed. Seconded by Markham. side of the street only and Zoning Advisory
Motion carried 7-0. Commission recommending approval, presented
and read. Buol moved that the proof and
RESOLUTION NO. 422-02
communication be received and filed. Seconded
RESOLUTION DISPOSING OF CITY
by Cline. Motion carried 7-0.
INTEREST IN LOT 3 BLOCK 9 BIRCH ACRES
AND LOT 4 BLOCK 9 BIRCH ACRES,
Ed Tschiggfrie spoke in favor of the proposed
DUBUQUE, IOWA
Ordinance.
Whereas, pursuant to resolution and published
notice of time and place of hearing, published in An Ordinance Amending Appendix A (the
the Telegraph Herald, a newspaper of general Zoning Ordinance) of the City of Dubuque Code
circulation published in the City of Dubuque, of Ordinances by amending Ordinance No. 72-
Iowa on the 9th day of August, 2002, the City 98 establishing the PUD Planned Unit
Council of the City of Dubuque, Iowa met on the Development District with a PR Planned
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19 day of August, 2002, at 6:30 p.m. in the Residential Designation for Alpine Heights
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Public Library Auditorium, 360 West 11 Street, Mobile Home Park by modifying requirements
Dubuque, Dubuque County, Iowa to consider for signage and installation of sidewalks,
the proposal for the sale of real estate described presented and read.
as:
Lot 3 Block 9 Birch Acres and Lot 4 Block 9
OFFICIAL PUBLICATION
Birch Acres City of Dubuque, Dubuque County,
ORDINANCE NO. 59-02
Iowa
AN ORDINANCE AMENDING APPENDIX A
Whereas, the City Council of the City of
(THE ZONING ORDINANCE) OF THE CITY OF
Dubuque, Iowa overruled any and all objections,
DUBUQUE CODE OF ORDINANCES BY
oral or written to the proposal to sell such real
AMENDING ORDINANCE NO. 72-98
estate.
ESTABLISHING THE PUD PLANNED UNIT
NOW, THEREFORE, BE IT RESOLVED BY
DEVELOPMENT DISTRICT WITH A PR
THE CITY COUNCIL OF THE CITY OF
PLANNED RESIDENTIAL DESIGNATION FOR
DUBUQUE, IOWA:
ALPINE HEIGHTS MOBILE HOME PARK BY
Section 1. That the sale of City of Dubuque
MODIFYING REQUIREMENTS FOR SIGNAGE
real property described as Lot 3 Block 9 Birch
AND INSTALLATION OF SIDEWALKS.
Acres and Lot 4 Block 9 Birch Acres in the City
Regular Session, August 19, 2002 337
NOW, THEREFORE, BE IT ORDAINED BY 1) One 300 square foot 15 feet height
THE CITY COUNCIL OF THE CITY OF development identification sign shall be allowed
DUBUQUE, IOWA: on the northwest portion of the development.
Section 1. That Appendix A (The Zoning 2) All other signs in the PUD shall be in
Ordinance) of the City of Dubuque Code of accordance with the R-1 sign regulations of the
Ordinances is hereby amended by amending Zoning Ordinance.
Ordinance No. 72-98 establishing the PUD E) Site Development Standards
Planned Unit Development District with a PR 1) Prior to any development, a final site
Planned Residential designation for Alpine development plan shall be submitted in
Heights Mobile Home Park by modifying accordance with Section 4-4 of the Zoning
requirements for signage and installation of Ordinance of the City of Dubuque.
sidewalks for property legally described below, 2) All private streets shall be built to a 27-foot
to wit: width with curb and gutter and a 40-foot right-of-
Lot 2-3 W ½ - NE-Sec. 11, T89N, R2E, NE-way. Minimum cul-de-sac radius shall be 37.5
NE-Sec. 11, T89N, R2E, Lot 3-SE-NE-Sec. 11, feet.
T89N, R2E, Lot 2-NE-SE-Sec. 11, T89N, R2E, 3) All outside rubbish, storage and garbage
Lot 3-3-W 1/2 – NE-Sec. 11, T89N, R2E and to collection areas shall be permanently screened
the center line of the adjoining public right-of-from view to a height of at least six (6) feet, as
way, all in the City of Dubuque, Iowa. set forth in Section 4-4.6(3) of the Zoning
Section 2. Pursuant to Iowa Code Section Ordinance of the City of Dubuque, Iowa.
414.5 (1993), and as an express condition of the 4) Adequate illumination shall be provided to
reclassification, the undersigned property streets, sidewalks and all areas for vehicular and
owner(s) agree(s) to the following conditions, all pedestrian circulation, and shall be directed so
of which the property owner(s) further agree(s) as not to interfere with the use and enjoyment of
are reasonable and imposed to satisfy the public adjacent properties.
needs that are caused directly by the zoning 5) Landscaping shall be installed as set forth
reclassification: in Section 4-5.3 of the Zoning Ordinance of the
A) Use Regulations City of Dubuque, Iowa.
The following regulations shall apply to all uses F) Performance Standards
made of land in the above- described PUD The development and maintenance of uses in
District: this PUD District shall be established in
1) Principal permitted uses shall be limited to conformance with Section 3-5.5E of the Zoning
Mobile Home Park as permitted by Section 3-Ordinance and the following standards:
5.5(C) of the Zoning Ordinance of the City of 1) Occupancy will be limited to 115 dwelling
Dubuque, Iowa. units until access to Iowa Highway 386 is
2) Accessory uses shall be limited to any constructed.
such customarily incidental and subordinate to 2) The access to Iowa Highway 386 shall be
the principal use it serves. built and open to traffic no later than five years
3) No contingency uses will be allowed. after approval of this Ordinance.
B) Lot and Bulk Regulations 3) The developer shall secure the
The bulk regulations in this particular PUD performance of the foregoing conditions by
District shall be as follows: providing a bond, in an amount adequate for
Minimum lot area: 5,000 square feet construction of the access to Iowa Highway 386
Minimum lot frontage: 50 feet and the internal street system. The developer
Maximum lot coverage as a percent of lot shall provide the bond within 180 days after
area: 50% approval of this Ordinance.
Minimum front yard setback in feet: 8 feet 4) Sidewalks shall be provided along both
Minimum side yard setback in feet: 6 feet sides of the internal street system in Phase I and
Minimum rear yard setback in feet: 8 feet provided along one side only in subsequent
Maximum building height in feet: 30 feet phases.
C) Parking Requirements 5) The initial access to Alpine Heights Mobile
The following regulations shall apply to all Home Park shall be from Peru Road at the
parking areas in the above-described PUD: northeast corner of the property, and said
1) The off-street parking requirements for the access shall be built at a minimum to City
principal permitted use shall be two- (2) standards for private streets. In addition, access
spaces/dwelling unit. to Aerostar Drive shall be restricted to an
2) No on-street parking will be permitted in emergency access only, with said access to be
this PUD District. The property owner shall gated at the east property line of Alpine Heights
install signs to this effect along the street in this Mobile Home Park, if Aerostar Drive is
PUD District. extended.
D) Sign Regulations 6) A storm shelter shall be constructed to
sufficient size to accommodate all the residents
338 Regular Session, August 19, 2002
of the development. Until occupancy in excess Kane Street in the vicinity of Pine Knolls,
of 115 units is authorized, the storm shelter may presented and read.
be of sufficient size to accommodate only June Strueber, 2806 Katrina Circle,
residents of 115 units. representing nine families, spoke to their
G) Transfer of Ownership request.
Transfer of ownership or lease of property in this Communication from Donald Sisler, Principal
PUD District shall include in the transfer or lease of Wahlert High School, requesting to be part of
agreement a provision that the purchaser or any discussion of the parking problems,
lessee acknowledges awareness of the presented and read.
conditions authorizing the establishment of the Cline moved that the communications be
district. referred to the City Manager. Seconded by
H) Open Space and Recreational Areas Nicholson. Motion carried 7-0.
Those areas designated on the conceptual
development plan as “open area” shall be River’s Edge Plaza – Amendment to Code of
maintained as open space, as defined in Section Ordinances: City Manager recommending
8 of the Zoning Ordinance of the City of approval of an amendment to the City of
Dubuque, Iowa and shall be planted with Dubuque Code of Ordinances to prohibit
appropriate coniferous or deciduous trees. swimming adjacent to the River’s Edge Plaza,
Section 3. A final site development plan shall presented and read. Buol moved that the
be approved by the City Planner if found to be in communication be received and filed.
conformance with the conceptual development Seconded by Connors. Carried by the following
plan. If found to be in conformance with said vote: Yeas—Buol, Connors, Duggan, Markham,
plan, the issuance of building permits shall be Michalski, Nicholson. Nays—Cline.
permitted. Following approval of a site
development plan, no construction may take An Ordinance No. 60-02 Amending Section
place, except in substantial conformance with 10-36 Activities Prohibited by adding a new
such plan. paragraph (d) Prohibiting swimming or wading in
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Passed, approved and adopted this 19 day of the waters adjacent to the Rivers Edge Plaza
August 2002. and by renumbering former Paragraph (d) as
Terrance M. Duggan, Mayor Paragraph (e); amending Section 10-23, Boat
Attest: Jeanne F. Schneider, City Clerk Landing Areas; and amending Section 10-24,
ACCEPTANCE OF ORDINANCE NO. 59-02 Mooring Permits, presented and read.
I, Ed Tschiggfrie, representing T-Corp,
property owner, having read the terms and
OFFICIAL PUBLICATION
conditions of the foregoing Ordinance No. 59-02
ORDINANCE NO. 60-02
and being familiar with the conditions thereof,
AN ORDINANCE AMENDING SECTION 10-36
hereby accept this same and agree to the
ACTIVITIES PROHIBITED BY ADDING A NEW
conditions required therein.
PARAGRAPH (d) PROHIBITING SWIMMING
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Dated in Dubuque, Iowa this 5 day of August
OR WADING IN THE WATERS ADJACENT TO
2002.
THE RIVERS EDGE PLAZA AND BY
Ed Tschiggfrie
RENUMBERING FORMER PARAGRAPH (d)
Published officially in the Telegraph Herald
AS PARAGRAPH (e); AMENDING SECTION
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newspaper this 26 day of August, 2002.
10-23, BOAT LANDING AREAS; AND
Jeanne F. Schneider, City Clerk
AMENDING SECTION 10-24, MOORING
1t 8/26
PERMITS.
Buol moved that the requirement that a
NOW, THEREFORE, BE IT ORDAINED BY
proposed Ordinance be considered and voted
THE CITY COUNCIL OF THE CITY OF
on for passage at two Council Meetings prior to
DUBUQUE, IOWA:
the meeting at which it is to be finally passed be
Section 1. Sec. 10-36 Activities Prohibited, of
suspended and further moved final
the City of Dubuque Code of Ordinances, is
consideration and passage of the Ordinance.
amended by adding thereto the following new
Seconded by Cline. Motion carried 7-0.
paragraph (d) and by renumbering former
paragraph (d) as paragraph (e).
Buol moved that the rules be reinstated limiting
(d) No person shall swim or wade in the
discussion to the Council. Seconded by
waters adjacent to the Rivers Edge Plaza.
Markham. Motion carried 7-0.
Section 2. Sec. 10-23 Boat Landing Areas, of
the City of Dubuque Code of Ordinances is
ACTION ITEMS
amended to read as follows:
The City Manager shall lay off and designate
Kane Street – Parking Issue: Request of June
public boat landing areas along the municipally
Strueber, 2806 Katrina Circle, to address the
owned waterfront for pleasure craft and
City Council regarding parking problems on
Regular Session, August 19, 2002 339
SKATING AND RIDING BICYCLES AND
commercial vessels and mark all such public
SCOOTERS IS PROHIBITED.
boat landing areas with suitable signs
delineating their boundaries. NOW, THEREFORE, BE IT ORDAINED BY
Section 3. Sec. 10-24(a), Mooring Permits, of THE CITY COUNCIL OF THE CITY OF
the City of Dubuque Code of Ordinances is DUBUQUE, IOWA:
amended to read as follows: Section 1. City of Dubuque Code of
(a) No person shall moor or cause to be Ordinances Section 32-250 is hereby amended
moored a vessel, float, boathouse, or other to read as follows:
watercraft except at public boat landings along Sec. 32-250. Use of Certain Non-motorized
the waterfront of the City without first obtaining a Vehicles, Conveyances And Equipment in
permit to do so. Municipal Parking Garages or Lots And In
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Passed, approved and adopted this 19 day of Certain Other Places In The City.
August 2002. (a) No person shall be upon and make use of
Terrance M. Duggan, Mayor roller skates, skateboards, bicycles, or other
Attest: Jeanne F. Schneider, City Clerk wheeled recreational vehicles, or conveyances
Published officially in the Telegraph Herald within any municipal parking garage or municipal
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newspaper this 26 day of August, 2002. parking lot. This provision shall not apply to use
Jeanne F. Schneider, City Clerk of a wheelchair or other similar conveyance
1t 8/26 when used for transportation by any temporarily
Buol moved that the requirement that a or permanently handicapped person, or to a
proposed Ordinance be considered and voted wagon being pulled by a pedestrian at a walking
on for passage at two Council Meetings prior to speed.
the meeting at which it is to be finally passed be (b) No person shall use roller skates,
suspended and further moved final skateboards, wagons, or other wheeled or non-
consideration and passage of the Ordinance. motorized recreational vehicles, with the
Seconded by Connors. Carried by the following exception of bicycles, upon the roadway portion
vote: Yeas—Buol, Connors, Duggan, Markham, of any right of way, except that a person may
Michalski, Nicholson. Nays—Cline. use any of the above-proscribed conveyances in
any marked or unmarked crosswalk. Any
Skateboard Ordinance: City Manager person using any of the above-proscribed
recommending approval of an amendment to the conveyances in crossing a roadway at a place
City of Dubuque Code of Ordinances which other than a marked or unmarked crosswalk
authorizes the City Manager to designate and shall be subject to the requirements set forth in
post signs in areas where skateboarding, section 32-243 of this article.
skating and riding bicycles and scooters are (c) The City Manager is hereby authorized to
prohibited, presented and read. Buol moved designate and post signs in areas where
that the communication be received and filed. skateboarding, skating and riding bicycles and
Seconded by Nicholson. Motion carried 7-0. scooters is prohibited. No person shall
skateboard, skate or ride a bicycle or a scooter
An Ordinance Amending Section 32-250 of the in any such area.
City of Dubuque Code of Ordinances prohibiting The provisions of this section shall not apply to
certain non-motorized vehicles, conveyances the above proscribed conveyances when used
and equipment in municipal parking garages or in any parade, exhibition, or gathering of
lots and in certain other places by adding thereto persons which has been authorized by permit
a provision authorizing the City Manager to from the City Manager.
designate and post signs in areas where The scheduled fine for a violation of this
skateboarding, skating and riding bicycles and section shall be twenty-five dollars ($25.00).
scooters is prohibited, presented and read. Section 2. This ordinance shall take effect
upon publication.
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Passed, approved and adopted this day 19 of
OFFICIAL PUBLICATION
August 2002.
ORDINANCE NO. 61-02
Terrance M. Duggan, Mayor
AMENDING SECTION 32-250 OF THE CITY
Attest: Jeanne F. Schneider, City Clerk
OF DUBUQUE CODE OF ORDINANCES
Published officially in the Telegraph Herald
PROHIBITING CERTAIN NON-MOTORIZED
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newspaper this 26 day of August, 2002.
VEHICLES, CONVEYANCES AND
Jeanne F. Schneider, City Clerk
EQUIPMENT IN MUNICIPAL PARKING
1t 8/26
GARAGES OR LOTS AND IN CERTAIN
Buol moved that the requirement that a
OTHER PLACES BY ADDING THERETO A
proposed Ordinance be considered and voted
PROVISION AUTHORIZING THE CITY
on for passage at two Council Meetings prior to
MANAGER TO DESIGNATE AND POST
the meeting at which it is to be finally passed be
SIGNS IN AREAS WHERE SKATEBOARDING,
suspended and further moved final
340 Regular Session, August 19, 2002
consideration and passage of the Ordinance. intersecting side streets, and a stop sign on
Seconded by Nicholson. Motion carried 7-0. Embassy West Drive at the north intersection of
Camelot Drive and communication from Diane
Installation of Parking Meters - Locust Street: Arensdorf, 3935 Creston Street, in support of the
City Manager recommending elimination of the Ordinance, presented and read. Buol moved
“No Parking” zone on the east side of Locust that the communication be received and filed.
ndrd
Street between 2 and 3 Streets and the Seconded by Connors. Motion carried 7-0.
placement of parking meters along this block in
conformance with the existing parking meter An Ordinance Amending the Code of
ordinance, presented and read. Buol moved Ordinances of the City of Dubuque, Iowa, by
that the communication be received and filed. adding Embassy West Drive to Subsection (b) of
Seconded by Cline. Motion carried 7-0. Section 32-213 thereof providing for the
designation of through streets, presented and
An Ordinance Amending Section 32-262(d) of read.
the City of Dubuque Code of Ordinances,
OFFICIAL PUBLICATION
prohibiting parking on designated streets or
ORDINANCE NO. 63-02
portions thereof by deleting a portion of Locust
AN ORDINANCE AMENDING THE CODE OF
Street, presented and read.
ORDINANCES OF THE CITY OF DUBUQUE,
IOWA, BY ADDING EMBASSY WEST DRIVE
OFFICIAL PUBLICATION
TO SUBSECTION (b) OF SECTION 32-213
ORDINANCE NO. 62-02
THEREOF PROVIDING FOR THE
AN ORDINANCE AMENDING SECTION 32-
DESIGNATION OF THROUGH STREETS
262 (d) OF THE CITY OF DUBUQUE CODE OF
NOW, THEREFORE, BE IT ORDAINED BY
ORDINANCES, PROHIBITING PARKING ON
THE CITY COUNCIL OF THE CITY OF
DESIGNATED STREETS OR PORTIONS
DUBUQUE, IOWA:
THEREOF BY DELETING A PORTION OF
Section 1. That the Code of Ordinances of the
LOCUST STREET
City of Dubuque, Iowa be amended by adding
NOW, THEREFORE, BE IT ORDAINED BY
Embassy West Drive to Subsection (b) of
THE CITY COUNCIL OF THE CITY OF
Section 32-213 thereof as follows:
DUBUQUE, IOWA:
Sec. 32-213. Through Streets.
Section 1. That the Code of Ordinances of the
(b)
City of Dubuque, Iowa, be amended by deleting
* * * * * *
from Subsection (d) of Section 32-262 the
Embassy West Drive, from the north property
following:
line of Pennsylvania Avenue to its northerly
Locust Street, both sides, from West Second
terminus.
Street to West Third Street.
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Passed, approved and adopted this 19 day of
Section 2. That the Code of Ordinances of the
August, 2002.
City of Dubuque, Iowa is amended by adding to
Terrance M. Duggan, Mayor
Subsection (d) of Section 32-262 the following:
Attest: Jeanne F. Schneider, City Clerk
Locust Street, west side, from West Second
Published officially in the Telegraph Herald
Street to West Third Street.
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newspaper this 26 day of August, 2002.
Passed, approved and adopted this 19 day of
Jeanne F. Schneider, City Clerk
August, 2002.
1t 8/19
Terrance M. Duggan, Mayor
Buol moved that the requirement that a
Attest: Jeanne F. Schneider, CMC, City Clerk
proposed Ordinance be considered and voted
Published officially in the Telegraph Herald
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on for passage at two Council Meetings prior to
newspaper this 26 day of August, 2002.
the meeting at which it is to be finally passed be
Jeanne F. Schneider, City Clerk
suspended and further moved final
1t 8/26
consideration and passage of the Ordinance.
Buol moved that the requirement that a
Seconded by Connors. Motion carried 7-0.
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
An Ordinance Amending the Code of
the meeting at which it is to be finally passed be
Ordinances of the City of Dubuque, Iowa, by
suspended and further moved final
modifying Subsection (b) of Section 32-214
consideration and passage of the Ordinance.
thereof providing for the addition of a stop sign
Seconded by Cline. Motion carried 7-0.
on Embassy West Drive at the northerly
intersection of Camelot Drive, presented and
Embassy West Drive: City Manager
read.
recommending that Embassy West Drive be
designated as a through street, which will allow
for the installation of stop signs at all of the
Regular Session, August 19, 2002 341
NOW THEREFORE, BE IT RESOLVED BY
OFFICIAL PUBLICATION
THE COUNCIL OF THE CITY OF DUBUQUE,
ORDINANCE NO. 64-02
IOWA:
AN ORDINANCE AMENDING THE CODE OF
Section 1. The City Council hereby selects
ORDINANCES OF THE CITY OF DUBUQUE,
the Leland Consulting Group’s proposal for
IOWA, BY MODIFYING SUBSECTION (b) OF
preparation of the Downtown Master Plan.
SECTION 32-214 THEREOF PROVIDING FOR
Section 2. The Planning Services Manager
THE ADDITION OF A STOP SIGN ON
hereby is directed to serve as the City’s project
EMBASSY WEST DRIVE AT THE
manager and point of contact for this project.
NORTHERLY INTERSECTION OF CAMELOT
Section 3. The Planning Services Manager
DRIVE
hereby is authorized to negotiate a contract for
NOW, THEREFORE, BE IT ORDAINED BY
services with Leland Consulting Group in an
THE CITY COUNCIL OF THE CITY OF
amount not to exceed $98,900 subject to the
DUBUQUE, IOWA:
procurement of the necessary funds.
Section 1. That the Code of Ordinances of the
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Passed, approved and adopted this 19 day of
City of Dubuque, Iowa be amended by adding
August, 2002.
Embassy West Drive and Camelot Drive (north
Terrance M. Duggan, Mayor
intersection) to Subsection (b) of Section 32-214
Attest: Jeanne F. Schneider, City Clerk
thereof as follows:
Markham moved adoption of the Resolution.
Sec. 32-214. Stop Intersections.
Seconded by Connors. Carried by the following
(b)
vote: Yeas—Buol, Connors, Duggan, Markham,
* * * * * *
Michalski, Nicholson. Nays—Cline.
Northbound
Embassy West Drive and Camelot Drive, north
Dubuque Bank and Trust – Enterprise Zone
intersection.
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Agreement: City Manager recommending
Passed, approved and adopted this 19 day of
approval of an Enterprise Zone Agreement with
August, 2002.
the Iowa Department of Economic Development
Terrance M. Duggan, Mayor
and Dubuque Bank & Trust related to the
Attest: Jeanne F. Schneider, City Clerk
redevelopment of the former Walsh Store
Published officially in the Telegraph Herald
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Building, presented and read. Markham moved
newspaper this 26 day of August, 2002.
that the communications be received and filed.
Jeanne F. Schneider, City Clerk
Seconded by Cline. Motion carried 7-0.
1t 8/26
Buol moved that the requirement that the
RESOLUTION NO. 424-02
proposed Ordinance be considered and voted
RESOLUTION APPROVING AN ENTERPRISE
on for passage at two Council Meetings prior to
ZONE AGREEMENT BY AND AMONG THE
the meeting at which it is to be finally passed be
IOWA DEPARTMENT OF ECONOMIC
suspended and further moved final
DEVELOPMENT, THE CITY OF DUBUQUE
consideration and passage of the Ordinance.
AND DUBUQUE BANK & TRUST.
Seconded by Connors. Motion carried 7-0.
Whereas, the City of Dubuque has established
two Enterprise Zones and an Enterprise Zone
Consultant Selection for Downtown Master
Commission; and
Plan: City Manager recommending approval of
Whereas, the Enterprise Zone Commission on
Leland Consulting Group as the consultant for
April 25, 2002 approved the application of
the Downtown Master Plan, presented and read.
Dubuque Bank & Trust for Enterprise Zone
Markham moved that the communication be
benefits; and
received and filed. Seconded by Connors.
Whereas, Dubuque Bank & Trust’s application
Carried by the following vote: Yeas—Buol,
was approved by the Iowa Department of
Connors, Duggan, Markham, Michalski,
Economic Development on April 29, 2002; and
Nicholson. Nays—Cline.
Whereas, the Iowa Department of Economic
Development has prepared and submitted for
RESOLUTION NO. 423-02
City Council approval an agreement relating to
RESOLUTION AUTHORIZING CONTRACT
Enterprise Zone benefits for Dubuque Bank &
FOR SERVICES FOR PREPARATION OF
Trust a copy of which is attached hereto and by
DOWNTOWN MASTER PLAN
this reference made a part hereof; and
Whereas, the City Council has made
Whereas, the City Council finds that the
preparation of a Downtown Master Plan a
proposed agreement is acceptable and
priority; and
necessary to the growth and development of the
Whereas, proposals for master planning
city.
services have been requested, received and
NOW THEREFORE, BE IT RESOLVED BY
evaluated; and
THE CITY COUNCIL OF THE CITY OF
Whereas, the City Council has allocated
DUBUQUE, IOWA:
$50,000 towards this project.
342 Regular Session, August 19, 2002
Section 1. That the Iowa Department of Attest: Jeanne F. Schneider, City Clerk
Economic Development Enterprise Zone (EZ) Markham moved adoption of the Resolution.
Program Agreement, Number 2002-EZDEV-02, Seconded by Michalski. Motion carried 7-0.
is hereby approved.
Section 2. That the Mayor is hereby Modification to Riverwalk Design: City
authorized and directed to execute the Manager recommending approval of design
Agreement on behalf of the City of Dubuque and changes to the portion of the Riverwalk yet to be
forward the executed copy to the Iowa completed in order to improve accessibility for
Department of Economic Development for their older persons and persons using wheelchairs,
approval. walkers, or other mobility devices, presented
Passed, approved and adopted this 19th day and read. Nicholson moved that the
of August, 2002. communication be received and filed and not
Terrance M. Duggan, Mayor approve the recommendation. Seconded by
Attest: Jeanne F. Schneider, City Clerk Cline. Motion carried 7-0.
Markham moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0. Highway 151 Corridor: Communication from
Rich Knepper, Mayor of the City of Cascade,
Downtown Dubuque Transit Alternative regarding the new Highway 151 Corridor and
Analysis: City Manager recommending approval requesting City support in renaming of the
of a contract with URS/BRW, Inc. to prepare a highway, presented and read. Nicholson moved
Downtown Dubuque Transit Alternative Analysis that the communication be received and filed
for the Port of Dubuque, presented and read. and approved request. Seconded by Cline.
Markham moved that the communication be Carried by the following vote: Yeas—Buol,
received and filed. Seconded by Michalski. Cline, Connors, Duggan, Michalski, Nicholson.
Motion carried 7-0. Nays—Markham.
RESOLUTION NO. 425-02
Dave Gudenkauf, a Cascade Council member,
A RESOLUTION APPROVING THE
distributed maps and spoke to the request.
SELECTION OF A CONSULTANT TO
PREPARE A TRANSIT ALTERNATIVES
COUNCIL MEMBER REPORTS
ANALYSIS FOR THE PORT OF DUBUQUE
AND AUTHORIZING THE CITY MANAGER TO
Michalski spoke of the barge tour sponsored
EXECUTE A CONTRACT FOR SAID STUDY.
by the Iowa Corn Growers that she and
Whereas, the City of Dubuque, Iowa has Assistant City Manager Cindy Steinhauser
identified the need for redevelopment of the attended.
city’s riverfront as a top community priority; and
Whereas, the City of Dubuque, Iowa has Nicholson spoke of how well the various
received a Congressional appropriation for activities went for the staff liaisons from
$197,978 through the Federal Transit Washington DC the previous week.
Administration to study transit alternatives in the
Port of Dubuque and its connection with ITEMS TO BE SET FOR PUBLIC HEARING
Downtown; and
Whereas, a Request for Proposals solicited Raven Oaks – Request to Vacate: Request of
consultant services to prepare a Downtown Joseph C. Weis, Arbor Glen Limited Partnership,
Dubuque Transit Alternative Analysis; and for the vacation of the proposed extension of
Whereas, URS/BRW, Inc. is recommended to Raven Oaks Drive to allow them to proceed with
complete the Analysis; their development at the end of Raven Oaks and
NOW, THEREFORE, BE IT RESOLVED BY City Manager recommending that a public
THE CITY COUNCIL OF THE CITY OF hearing be set for September 3, 2002 to
DUBUQUE, IOWA: consider the request, presented and read.
Section 1. That the selection of URS/BRW, Michalski moved that the communication be
Inc. as the consultant to prepare a Downtown received and filed. Seconded by Cline. Motion
Dubuque Transit Alternatives Analysis for the carried 7-0.
City of Dubuque is hereby approved.
RESOLUTION NO. 426-02
Section 2. That the City Manager is hereby
authorized to execute, on behalf of the City
RESOLUTION APPROVING PLAT OF
Council of the City of Dubuque, Iowa, a contract
PROPOSED VACATED PORTION OF RAVEN
with URS/BRW, Inc. for consultant services not
OAKS DRIVE PLATTED IN OAK BROOK
to exceed $247,472.23.
DEVELOPMENT
th
Passed, approved and adopted this 19 day of
Whereas, there has been presented to the City
August 2002.
Council of the City of Dubuque, Iowa, a plat
Terrance M. Duggan, Mayor
Regular Session, August 19, 2002 343
Section 1. That the City of Dubuque intends to
dated August 13, 2002, prepared by Egger
dispose of its interest in Lot A of Oak Brook
Engineering & Land Surveying, P.C., describing
Development in the City of Dubuque, Iowa.
the proposed vacated portion of Raven Oaks
Section 2. That the conveyance of Lot A of
Drive platted in Oak Brook Development; and
Oak Brook Development in the City of Dubuque,
Whereas, said plat conforms to the laws and
Iowa to the Arbor Glen, Limited Partnership be
statutes pertaining thereto.
contingent upon the payment of $1.00, plus
NOW, THEREFORE, BE IT RESOLVED BY
platting, publication and filing fees, and the
THE CITY COUNCIL OF THE CITY OF
execution of an agreement to provide the City of
DUBUQUE, IOWA:
Dubuque with a 100-year flood easement along
Section 1. That the plat dated August 13,
the northerly and easterly sides of Arbor Glen
2002, prepared by Egger Engineering & Land
Development, the limits of which will be
Surveying, P.C., relative to the real estate
determined by design of the Carter Road
hereinabove described be and the same is
detention structure, at no cost to the City.
hereby approved, and the Mayor and City Clerk
Section 3. That the City Clerk be and is hereby
be and they are hereby authorized and directed
authorized and directed to cause a notice of
to execute said plat for and on behalf of the City
intent to dispose of said real estate to be
of Dubuque, Iowa.
published in the manner as prescribed by law.
Section 2. That the City Clerk be and is hereby
th
Passed, approved and adopted this 19 day of
authorized and directed to file said plat and
August, 2002.
certified copy of this resolution in the office of
Terrance M. Duggan, Mayor
the Recorder in and for Dubuque County, Iowa.
Attest: Jeanne F. Schneider, CMC, City Clerk
th
Passed, approved and adopted this 19 day of
Michalski moved adoption of the Resolution
August, 2002.
and further set this for Hearing on 9/3/02 at a
Terrance M. Duggan, Mayor
meeting to commence at 6:30 P.M. in the public
Attest: Jeanne F. Schneider, City Clerk
library auditorium and that the City Clerk publish
Michalski moved adoption of the Resolution.
notice in the manner prescribed by law.
Seconded by Cline. Motion carried 7-0.
Seconded by Cline. Motion carried 7-0.
An Ordinance Vacating the portion of Raven
Five Flags Theater Projects – Roof
Oaks Drive platted in Oak Brook Development,
Replacement, Paint Exterior Façade and
presented and read. No motion given on the
Replace Front Doors: City Manager
Ordinance.
recommending initiation of the bidding process
for the Five Flags Theater Projects (Roof
RESOLUTION NO. 427-02
Replacement, Paint Exterior Façade, and
RESOLUTION OF INTENT TO DISPOSE OF
Replace Front Doors) and setting a public
CITY INTEREST IN LOT A OF OAK BROOK
hearing for September 16, 2002, presented and
DEVELOPMENT, DUBUQUE, IOWA
read. Michalski moved that the communication
Whereas, the Arbor Glen, Limited Partnership
be received and filed. Seconded by Cline.
has requested the vacating of the portion of
Motion carried 7-0.
Raven Oaks Drive platted in Oak Brook
Development; and
RESOLUTION NO. 428-02
Whereas, Egger Engineering & Land
PRELIMINARY APPROVAL
Surveyors, P.C. has prepared and submitted to
OF PLANS AND SPECIFICATIONS
the City Council a plat showing the vacated
BE IT RESOLVED BY THE CITY COUNCIL
portion of Raven Oaks Drive platted in Oak
OF THE CITY OF DUBUQUE, IOWA:
Brook Development and assigned lot numbers
That the proposed plans, specifications, form
thereto, which hereinafter shall be known and
of contract and estimated cost for the FIVE
described as Lot A of Oak Brook Development
FLAGS THEATER ROOF REPLACEMENT
in the City of Dubuque, Iowa; and
PROJECT, in the estimated amount of $58,000,
Whereas, the City Council of the City of
are hereby approved and ordered filed in the
Dubuque, Iowa has determined that this portion
office of the City Clerk, for public inspection.
of Raven Oaks Drive platted in Oak Brook
Passed, approved and adopted this 19th day
Development is no longer required for public
of August, 2002.
use, and vacating and sale of said portion of the
Terrance M. Duggan, Mayor
street known as Lot A of Oak Brook
Attest: Jeanne F. Schneider, City Clerk
Development in the City of Dubuque, Dubuque
Michalski moved adoption of the Resolution.
County, Iowa should be approved.
Seconded by Cline. Motion carried 7-0.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
RESOLUTION NO. 429-02
DUBUQUE, IOWA:
FIXING DATE OF HEARING
ON PLANS AND SPECIFICATIONS
344 Regular Session, August 19, 2002
WHEREAS, the City Council of the City of Michalski moved adoption of the Resolution.
Dubuque, Iowa has given its preliminary Seconded by Cline. Motion carried 7-0.
approval on the proposed plans, specifications,
RESOLUTION NO. 431-02
and form of contract and placed same on file in
PRELIMINARY APPROVAL OF
the office of the City Clerk for public inspection
PLANS AND SPECIFICATIONS
of the FIVE FLAGS THEATER ROOF
REPLACEMENT PROJECT. BE IT RESOLVED BY THE CITY COUNCIL
NOW, THEREFORE, BE IT RESOLVED, BY OF THE CITY OF DUBUQUE, IOWA:
THE CITY COUNCIL OF THE CITY OF That the proposed plans, specifications, form
DUBUQUE, IOWA, that on the 16th day of of contract and estimated cost for the FIVE
September, 2002, a public hearing will be held FLAGS THEATER EXTERIOR FACADE
at 6:30 p.m. in the Public Library Auditorium, at PAINTING PROJECT, in the estimated amount
which time interested persons may appear and of $91,000, are hereby approved and ordered
be heard for or against the proposed plans and filed in the office of the City Clerk, for public
specifications, form of contract and cost of said inspection.
improvement, and the City Clerk be and is Passed, approved and adopted this 19th day
hereby directed to cause a notice of time and of August, 2002.
place of such hearing to be published in a Terrance M. Duggan, Mayor
newspaper having general circulation in the City Attest: Jeanne F. Schneider, City Clerk
of Dubuque, Iowa, which notice shall be not less Michalski moved adoption of the Resolution.
than four days nor more than twenty days prior Seconded by Cline. Motion carried 7-0.
to the day fixed for its consideration. At the
RESOLUTION NO. 432-02
hearing, any interested person may appear and
FIXING DATE OF HEARING
file objections to the proposed plans,
ON PLANS AND SPECIFICATIONS
specifications, contract, or estimated cost of the
improvement. WHEREAS, the City Council of the City of
Passed, approved and adopted this 19th day Dubuque, Iowa has given its preliminary
of August, 2002. approval on the proposed plans, specifications,
Terrance M. Duggan, Mayor and form of contract and placed same on file in
Attest: Jeanne F. Schneider, City Clerk the office of the City Clerk for public inspection
Michalski moved adoption of the Resolution. of the FIVE FLAGS THEATER EXTERIOR
Seconded by Cline. Motion carried 7-0. FACADE PAINTING PROJECT.
NOW, THEREFORE, BE IT RESOLVED, BY
RESOLUTION NO. 430-02
THE CITY COUNCIL OF THE CITY OF
ORDERING BIDS
DUBUQUE, IOWA, that on the 16th day of
BE IT RESOLVED BY THE COUNCIL OF September, 2002, a public hearing will be held
THE CITY OF DUBUQUE, IOWA: at 6:30 p.m. in the Public Library Auditorium, at
That the FIVE FLAGS THEATER ROOF which time interested persons may appear and
REPLACEMENT PROJECT is hereby ordered be heard for or against the proposed plans and
to be advertised for bids for construction. specifications, form of contract and cost of said
BE IT FURTHER RESOLVED, that the amount improvement, and the City Clerk be and is
of the security to accompany each bid shall be in hereby directed to cause a notice of time and
an amount which shall conform to the provisions place of such hearing to be published in a
of the notice to bidders hereby approved as a newspaper having general circulation in the City
part of the plans and specifications heretofore of Dubuque, Iowa, which notice shall be not less
adopted. than four days nor more than twenty days prior
That the City Clerk is hereby directed to to the day fixed for its consideration. At the
advertise for bids for the construction of the hearing, any interested person may appear and
improvements herein provided, to be published file objections to the proposed plans,
in a newspaper having general circulation in the specifications, contract, or estimated cost of the
City of Dubuque, Iowa, which notice shall not be improvement.
less than four days nor more than twenty days Passed, approved and adopted this 19th day
prior to the receipt of said bids at 2:00 p.m. on of August, 2002.
the 5th day of September, 2002. Bids shall be Terrance M. Duggan, Mayor
opened and read by the City Clerk at said time Attest: Jeanne F. Schneider, City Clerk
and will be submitted to the Council for final Michalski moved adoption of the Resolution.
action at 6:30 p.m. on the 16th day of Seconded by Cline. Motion carried 7-0.
September, 2002.
RESOLUTION NO. 433-02
Passed, approved and adopted this 19th day
ORDERING BIDS
of August, 2002.
Terrance M. Duggan, Mayor BE IT RESOLVED BY THE COUNCIL OF
Attest: Jeanne F. Schneider, City Clerk THE CITY OF DUBUQUE, IOWA:
Regular Session, August 19, 2002 345
That the FIVE FLAGS THEATER EXTERIOR at 6:30 p.m. in the Public Library Auditorium, at
FACADE PAINTING PROJECT is hereby which time interested persons may appear and
ordered to be advertised for bids for be heard for or against the proposed plans and
construction. specifications, form of contract and cost of said
BE IT FURTHER RESOLVED, that the amount improvement, and the City Clerk be and is
of the security to accompany each bid shall be in hereby directed to cause a notice of time and
an amount which shall conform to the provisions place of such hearing to be published in a
of the notice to bidders hereby approved as a newspaper having general circulation in the City
part of the plans and specifications heretofore of Dubuque, Iowa, which notice shall be not less
adopted. than four days nor more than twenty days prior
That the City Clerk is hereby directed to to the day fixed for its consideration. At the
advertise for bids for the construction of the hearing, any interested person may appear and
improvements herein provided, to be published file objections to the proposed plans,
in a newspaper having general circulation in the specifications, contract, or estimated cost of the
City of Dubuque, Iowa, which notice shall not be improvement.
less than four days nor more than twenty days Passed, approved and adopted this 19th day
prior to the receipt of said bids at 2:00 p.m. on of August, 2002.
the 5th day of September, 2002. Bids shall be Terrance M. Duggan, Mayor
opened and read by the City Clerk at said time Attest: Jeanne F. Schneider, City Clerk
and will be submitted to the Council for final Michalski moved adoption of the Resolution.
action at 6:30 p.m. on the 16th day of Seconded by Cline. Motion carried 7-0.
September, 2002.
RESOLUTION NO. 436-02
Passed, approved and adopted this 19th day
ORDERING BIDS
of August, 2002.
Terrance M. Duggan, Mayor BE IT RESOLVED BY THE COUNCIL OF
Attest: Jeanne F. Schneider, City Clerk THE CITY OF DUBUQUE, IOWA:
Michalski moved adoption of the Resolution. That the FIVE FLAGS THEATER FRONT
Seconded by Cline. Motion carried 7-0. DOOR REPLACEMENT PROJECT is hereby
ordered to be advertised for bids for
RESOLUTION NO. 434-02
construction.
PRELIMINARY APPROVAL OF
BE IT FURTHER RESOLVED, that the amount
PLANS AND SPECIFICATIONS
of the security to accompany each bid shall be in
BE IT RESOLVED BY THE CITY COUNCIL an amount which shall conform to the provisions
OF THE CITY OF DUBUQUE, IOWA: of the notice to bidders hereby approved as a
That the proposed plans, specifications, form part of the plans and specifications heretofore
of contract and estimated cost for the FIVE adopted.
FLAGS THEATER FRONT DOOR That the City Clerk is hereby directed to
REPLACEMENT PROJECT, in the estimated advertise for bids for the construction of the
amount of $16,000, are hereby approved and improvements herein provided, to be published
ordered filed in the office of the City Clerk, for in a newspaper having general circulation in the
public inspection. City of Dubuque, Iowa, which notice shall not be
Passed, approved and adopted this 19th day less than four days nor more than twenty days
of August, 2002. prior to the receipt of said bids at 2:00 p.m. on
Terrance M. Duggan, Mayor the 5th day of September, 2002. Bids shall be
Attest: Jeanne F. Schneider, City Clerk opened and read by the City Clerk at said time
Michalski moved adoption of the Resolution. and will be submitted to the Council for final
Seconded by Cline. Motion carried 7-0. action at 6:30 p.m. on the 16th day of
September, 2002.
RESOLUTION NO. 435-02
Passed, approved and adopted this 19th day
FIXING DATE OF HEARING
of August, 2002.
ON PLANS AND SPECIFICATIONS
Terrance M. Duggan, Mayor
WHEREAS, the City Council of the City of Attest: Jeanne F. Schneider, City Clerk
Dubuque, Iowa has given its preliminary Michalski moved adoption of the Resolution.
approval on the proposed plans, specifications, Seconded by Cline. Motion carried 7-0.
and form of contract and placed same on file in
the office of the City Clerk for public inspection There being no further business, Cline moved
of the FIVE FLAGS THEATER FRONT DOOR to adjourn. Seconded by Michalski. Motion
REPLACEMENT PROJECT. carried 7-0. The meeting adjourned at 8:06 P.M.
NOW, THEREFORE, BE IT RESOLVED, BY
THE CITY COUNCIL OF THE CITY OF /s/ Jeanne F. Schneider, CMC
DUBUQUE, IOWA, that on the 16th day of City Clerk
September, 2002, a public hearing will be held 1t 8/28
346 Regular Session, August 19, 2002
Approved:__________________________2002
Adopted:___________________________2002
______________________________________
Mayor
______________________________________
______________________________________
______________________________________
______________________________________
______________________________________
______________________________________
Council Members
Attest:
______________________________________
City Clerk
Special Session, August 27, 2002 347
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
Approved:__________________________2002
City Council, Special Session, August 27,
Adopted:___________________________2002
2002
Council met in special session at 4:10 p.m. at
Four Mounds
______________________________________
Present: Council Members Buol, Cline,
Mayor
Connors, Markham, Michalski, Nicholson, City
Manager Michael Van Milligen, Corporation
______________________________________
Counsel Barry Lindahl
Mayor Duggan absent at Roll Call but arrived
______________________________________
at 4:40 p.m.
______________________________________
Mayor Pro-Tem Michalski read the call and
______________________________________
stated this is a special session of the City
Council called for the purpose of conducting a
______________________________________
goal setting session.
______________________________________
The City Council reviewed the previous year’s
Council Members
accomplishments and began to develop the
goals and priorities for the next eighteen months
Attest:
to two years.
______________________________________
City Clerk
There being no further business, upon motion
meeting adjourned at 9:07 p.m.
/s/ Jeanne F. Schneider, CMC
City Clerk
1t 9/3
348 Special Session, August 29, 2002
DUBUQUE
/s/ Jeanne F. Schneider
CITY COUNCIL
City Clerk
OFFICIAL
1t 9/11
PROCEEDINGS
Approved:__________________________2002
City Council, Special Session, August 29,
Adopted:___________________________2002
2002
Council met in special session at 4:10 p.m. at
Four Mounds
______________________________________
Present: Mayor Duggan, Council Members
Mayor
Buol, Cline, Connors, Markham, Michalski,
______________________________________
Nicholson, City Manager Michael Van Milligen;
Corporation Counsel Barry Lindahl
______________________________________
Mayor Duggan read the call and stated this is
______________________________________
a special session of the City Council called for
the purpose of conducting a goal setting
______________________________________
session.
______________________________________
The City Council reviewed their Policy Agenda
for 2002 – 2004 and identified policy issues and
______________________________________
Council Members
actions necessary for each targeted goal. The
Council established their Policy Agenda 2002 –
Attest:
2004 Actions for Mayor and City Council as: Top
Priority Action Items – Air Service Strategy,
______________________________________
Highway 20 - Short Term Actions, America’s
City Clerk
Riverfront Project and Development, and
Stormwater Study; High Priority Action Items –
Arts Policy and Funding, Downtown Master
Plan, Marketing Riverfront and Total
Community, Gaming Referendum, and Property
Acquisition at Riverfront; Other Priority Action
Items – Erosion Policy, School Local Option
Tax, Marketing Program – America’s River, and
Brewery Project.
The City Council established the Management
Agenda for 2002 – 2004 as:
Telecommunications Strategy, Street Program
Funding, Southwest Arterial, Julien Dubuque
Bridge Plan and Design, Zoning Ordinance
Update, Vacant Property Redevelopment, River
Valley Initiative, State Grant to Extend Road to
Industrial Park, Riverfront Master Plan
Implementation, and Federal Strategies.
The City of Dubuque 2012 Vision Statement
was established as: A City of History, Beauty,
Opportunities, Excitement – Dubuque: A
Masterpiece on the Mississippi.
There being no further business, upon motion
meeting adjourned at 9:02 p.m.