Proof proceedings 9 3 2002Seconded by Connors.
Motion carried 7-0.
High Bluff Sanitary Sewer
Project - Acceptance: City
Manager recommending
acceptance of the High Bluff
Sanitary Sewer Project as
completed by Drew Cook &
Sons Excavating, Inc. in the
final contract amount of
$126,846.09, upon motion
received and filed. Buol moved
adoption of Resolution No.
439-02 Accepting .improve-
ment and Resolution No. 440-
02 Establishing final contract
amount. Seconded by
Connors. Motion carried 7-0.
Rental Agreement with
Dubuque Hockey, Inc.: City
Manager recommending
approval of an agreement with
Dubuque Hockey, Inc.
(Thunderbirds) for use of the
Five Flags Center for the 2002
- 2003 season, upon motion
received and filed and
approved recommendation.
FONSI/Final Section 4(f)
Statement - U.S. 20 Across
the Mississippi River: The
"Finding of No Significant
Impact" (FONSI) and Final
Section 4(f) Statement for the
capacity improvement of U.S.
20 across the Mississippi River
is available for review in the
Public Works Director's office,
upon motion received and
filed.
EDA Application: City
Manager recommending
approval of an application to
the Economic Development
Administration (EDA) for a
$1.75 million grant for the
acquisition and relocation of
the Adams Company, upon
motion received and filed.
Buol moved adoption of
Resolution No. 441-02
Authorizing the filing of an
application to the Economic
Development Administration.
Seconded by Connors.
Motion carried 7-0.
Right -of -Way Encroachment
- Bricktown: City Manager
recommending approval of a
request from The Cooper
Company - Bricktown to install
a three-foot tall decorative wall
on the public right-of-way at
Third and Locust.Streets, upon
motion received an
approved.
Business License Refunds:
Sumba) Corporation request-
ing a refund of their Class "C"
Beer Permit in the amount of
$56.25, upon motion received
and filed and approved refund.
Dennis Murray, Galaxies,
requesting a refund of their
Cigarette License in the
amount of, $75.00, upon
motion received and filed and
approved refund.
Business Licenses: Buol
moved adoption of Resolution
No. 442-02 Granting the
issuance of a Class "C" Beer
Permit to Family Mart and Five
Point Mart and Resolution No.
443-02 Granting the issuance
of a Class "C' Beer/Liquor
License to Players Sorts Bar.
Seconded by Connors.
Motion carried 7-0.
Ice Harbor West Road/Trail
Project: City Manager recom-
mending that the receipt of
bids date for the Ice Harbor
West Road and Trail Project
be changed from September
5, 2002 to September 10, 2002
and that Resolution No. 415-
02 Ordering bids be rescinded,
upon motion received and filed
and approved recommenda-
tion. Buol moved adoption of
Resolution No. 444-02
Ordering bids. Seconded by
appointed to the unexpired
three year term to expire
7/1/03 representing the
Cathedral District.
Housing Commission (Three
3-year terms to expire
8/17/05): Applicant: Floy.
Schneider (also on Long
Range Planning Advisory
Commission). Upon ,motion
Mr. Schneider not appointed
as he is on the Long Range
Planning Commission.
PUBLIC HEARINGS
Upon motion the rules were
suspended to allow anyone
present to speak.
Raven Oaks - Request to
Vacate: Proof of publication
on notice of hearing and City
Manager recommending
approval of the request of
Joseph C. Weis, Arbor Glen
Limited Partnership, for the
vacation of the proposed
extension of Raven Oaks Drive.
to allow them to proceed with
their development at the end
of Raven Oaks, upon motion
received and filed. Ordinance
No. 65-02 Vacating the portion
of Raven Oaks Drive platted in
Oak Brook Development, pre-
sented and read. Markham
moved that the requirement
that a proposed Ordinance be
considered and voted on for
passage at two Council
Meetings prior to the meeting
at which it is to be finally
passed be suspended and fur-
ther moved final consideration
and passage of the Ordinance.
Seconded by Buol. Motion
carried 7-0. Markham moved
adoption of Resolution No.
445-02 Disposing of City inter-
est in Lot A of Oak Brook
Development, Dubuque, Iowa.
Seconded by Buol. Motion
carried 7-0.
Hughes Court - Request to
Rezone: Proof of publication
on notice of hearing to consid-
er rezoning property located at
3197 Hughes Court from AG
Agricultural District to LI Light
Industrial District at the
request of Schneider Land
Surveying/Kevin Kirpes and
Zoning Advisory Commission
recommending approval, upon
motion received and filed.
Robert Kirpes, 419 Winona St.,
spoke in favor of the proposed
rezoning.
Ordinance No. • 66-02
Amending Appendix A (the
Zoning Ordinance) of the City
of Dubuque Code of
Ordinances by reclassifying
hereinafter described property
located at the end of Hughes
Court from AG Agricultural
District to LI Light Industrial
District, presented and read.
Buol moved that the require-
ment that a proposed
Ordinance be considered and
voted on for passage at two
Council Meetings prior to the
meeting at which it is to be
finally passed be suspended
and further moved final con-
sideration and passage of the
Ordinance. • Seconded by
Nicholson. Motion carried
7-0.
3925 Dodge Street - Request
to Rezone: Proof of publica-
tion on notice of hearing to
consider rezoning property
located at 3925 Dodge Street
from C-3 General Commercial
District to PC Planned
Commercial District at the
request of Tom Luksetich /
Luksetichand Smith,..LLC and
Zoning Advisory Commission
recommending approval, upon
motion received and filed.
Tom Luksetich, 2744 Linda
Ct., spoke in favor of the pro-
drdinance No. -68-02
Amending Appendix A (the
Zoning Ordinance) of the City
of Dubuque Code of
Ordinances by reclassifying
hereinafter described property
located at the southwest cor-
ner of Sunny Slope Drive an.
Camelot Drive from R-4 Multi -
Family Residential District to
R-3 Moderate Density Multi -
Family Residential District,
presented and read. Buol
moved that the requirement
that a proposed Ordinance be
considered and voted on for
passage at two Council
Meetings prior to the meeting
at which it is to be finally
passed be suspended and fur-
ther moved final consideration
and passage of the Ordinance.
Seconded by Nicholson.
Motion carried
7-0.
Rhomberg Avenue - Request
to Rezone: Proof of publica-
tion on notice of hearing to
consider rezoning property
located at 2701, 2705 and
2711 Rhomberg Avenue from
R-1 Single Family Residential
District to CR Commercial
Recreation District and CS
Commercial Service and
Wholesale District at the
request of the City of Dubuque
and Zoning Advisory
Commission recommending
approval, upon motion
received and filed. Ordinance
No. 69-02 Amending
Appendix A (the Zoning
Ordinance) of the City of
Dubuque Code of Ordinances
by reclassifying hereinafter
described property located at
the end of Rhomberg Avenue
from R-1 Single Family
Residential District to CS
Commercial Service and
Wholesale District and CR
Commercial Recreation
District, with conditions, pre-
sented and read. Markham
moved that the requirement
that a proposed Ordinance be
considered and voted on for
passage at two Council
Meetings prior to the meeting
at which it is to be finally
passed be suspended and fur-
ther moved final consideration
and passage of the Ordinance.
Seconded by Connors.
Motion carried 7-0.
Zoning Ordinance - Text
Amendment: Proof of publica-
tion on notice of hearing to
consider a text amendment to
the Zoning Ordinance by
removing the provision that
states no accessory building
shall exceed one floor level at
the request of the City of
Dubuque and Zoning Advisory
Commission recommendin.
approval, upon motion
received and filed. Ordinance
No. 70-02 Amending Section
4-1.1(C) of the Zoning
Ordinance of the City of
Dubuque Code of Ordinances
by removing the provision that
states no accessory building
shall exceed one (1) floor level,
presented and read. Cline
moved that the requirement
that a proposed Ordinance be
considered and voted on for
passage at two Council
Meetings prior to the meeting
at which it is to be finally
passed be suspended and fur-
ther moved final consideration
and passage of the Ordinance.
Seconded by Nicholson.
Motion carried 7-0.
Flora Pool Painting Project:
Proofs of publication on notice
of hearing on plans and speci-
fications and notice to bidders
on the receipt of bids, and City
Construction Project to
Portzen Construction, Inc.,
upon motion received and
filed. Cline moved adoption of
Resolution No. 450-02
Adopting plans and specifica-
tions for the project and
Resolution No. 451-02_
Awarding contract to Portzen
Construction, Inc. Seconded
by Nicholson. Motion carried
7-0.
Education and Conference
Center - Bid Package #3:
Proofs of publication on notice
of hearing on plans and speci-
fications and notice to bidders
on the receipt of bids, and City_
Manager recommending
award of the contract for the
Education and Conference
Center - Bid Package #3
Project to J.P. Cullen and
Sons, Inc., upon motion
received and filed. Buol moved
adoption of Resolution No.
452-02 Adopting plans and
specifications for the project
and Resolution No. 453-02
Awarding contract to J.P.
Cullen and Sons, Inc.
Seconded by Nicholson.
Motion carried 7-0.
Upon motion the rules were
reinstated limiting discussion
to the Council.
ACTION ITEMS
Request for ..Proposals -
Dubuque Star Brewery
Building: City Manager
requesting authorization to
invite The Alexander Company
team and the Platinum
Hospitality team to respond to
a Request for Proposals (RFP)
for redevelopment of the for-
mer Dubuque Star Brewery
Building, upon motion,
received and filed. Fran
Henkels, Dubuque Star
Brewing Company, addressed
the Council and requested that
the Company be allowed to
respond to the Request for
Proposals for the project.
Buol moved to approve the
recommendation and that
Dubuque Star Brewing _
Company also be invited to
submit a response to the
Request for Proposed.
Seconded by Nicholson.
Motion carried 7-0.
Residential Parking Permit
District - Green Street and
Avoca Street: City Manager
recommending that a petition
to establish a Residential_
Parking Permit District in the
Senior High School area be
denied as none of the through
streets included in the petition
reached the necessary parking
occupancy level, presented
and read. Nicholson moved to
table this matter for six weeks
and do another traffic study
and count. Seconded by_
Cline. Motion failed due to the
following vote: Yeas —
Nicholson, Cline. Nays —
Connors, Duggan, Markham,
Michalski, Buol. Markham
moved to receive and file and
approve the recommendation
to deny. Seconded by Buol.
Motion carried 7-0.
John F. Kennedy Road
Removal of "No Parking"
Restriction: City Manager rec-
ommending that the current
parking restriction on John F.
Kennedy Road be amended to
allow parking from 230 feet
north of Spring Valley Road to
360 feet south of the
Northwest Arterial, upon
motion received and filed. An -
Ordinance Amending Section
32-262 (d) of the City of
Dubuque Code of Ordinances,
prohibiting parking on desig-
nated streets or portions
district, presented and read.
Buol moved that the require-
ment that a proposed
Ordinance be considered and
voted on for passage at two
Council Meetings prior to the
meeting at which it is to be
finally passed be suspended
and further moved final con-
sideration and passage of the
Ordinance. Seconded by
Michalski. Motion carried 7-0.
Historic District Public
Improvement Program: City
Manager and Historic
Preservation Commission rec-
ommending approval of the
Historic District Public
Improvement Program guide-
lines providing matching
grants on a competitive basis
to neighborhood associations
and neighborhood groups for
streetscape improvements in
the City's five historic districts,
upon motion received and filed
and approved recommenda-
tion.
Dubuque County's Proposed
Land Development Plan and
Map: Long Range Planning
Commission submitting com-
ments on Dubuque County's
proposed land development
plan and map and recom-
mending City Council approval
of the Commission's recom-
mendations, presented and
read. Buol moved that the
communication be receive.
and filed and approved rec-
ommendation. Seconded by
Nicholson. No vote taken on
the motion. Michalski then
moved to table this and go
back to the County and share
concerns. Seconded by
Markham. Carried by the fol-
lowing vote: Yeas —Cline
Connors, Duggan, Markham,
Michalski. Nays—Buol,
Nicholson.
Homeownership Assistance
Funds: City Manager recom-
mending sponsorship of an
application for $250,000 to the
Federal Home Loan Bank
(FHLB) for Affordable Housing
Program funds to assist
income -qualifying families to
purchase a home, upon
motion received and filed.
Cline moved adoption of
Resolution No. 454-02
Authorizing sponsorship of an
application to the Federal
Home Loan Bank of Des
Moines for Affordable Housing
Program funds. Seconded by
Michalski. Motion carried 7-0.
FLYDBQ Campaign: City
Manager recommending
approval of a request from the
Airport. Commission for fund-
ing in the amount of $35,000
for the FLYDBQ Campaign,
upon motion received and filed
and approved.
National League of Cities:
Request from the National
League of Cities for appoint-
ment of a Voting Delegate and
Alternate Voting Delegate for
the National League of Cities
Annual Business Meeting on
Saturday, December 7, 2002,
upon motion designated
Council Member Nicholson as
the delegate with Council
Member Buol as Alternate
Delegate.
Code of Ordinance Review:
City Manager requesting
Council direction regarding the
process to be used for updat-
ing the City's Code of
Ordinances, upon motion
received and filed and directed
that monthly reports be made,
highlighting the summary of
changes.
ITEMS TO BE SET FOR
PUBLIC HEARING
Anuen m ve, upootion received Motion carried 7-0
and filed. Michalski moved
adoption of Resolution No.
456-02 of Intent to dispose of
City interest in Lot 31A of
Eagle Point, Lot 1, Lot 2, and
Lot 3 of Eagle Point No. 2,
Dubuque, Iowa and further set
it for Public Hearing on
9/16/02 at a meeting to corn-
mence at 6:30 P.M. in the pub-_
lic library auditorium and that
the City Clerk publish notice in
the manner prescribed by law.
Seconded by Markham.
Motion carried 7-0.
Old Mill Road - Vacating
Request: City Manager rec-
ommending that a public hear-
ing be set for September 16,
2002 to consider a request
from David S. Hartig, Jr., for
the vacating of a portion of Old
Mill Road, upon motion
received and filed. Michalski
moved adoption of Resolution
No. 457-02 Approving plat of
proposed vacated Old Mill
Road. Seconded by
Markham. Motion carried 7-0.
Ordinance No. 73-02 Vacating_
a portion of Old Mill Road, pre-
sented and read. Michalski
moved that the requirement
that a proposed Ordinance be
considered and voted on for
passage at two Council
Meetings prior to the meeting
at which it is to be finally
passed be suspended and fur-
ther moved final consideration -
and passage of the Ordinance.
Seconded by Markham.
Motion carried 7-0. Michalski
moved adoption of Resolution
No. 458-02 of Intent to dis-
pose of City interest in Lot A of
Old Mill Place in the City of
Dubuque, Dubuque County,
Iowa and further set this for
Public Hearing on 9/16/02 at a_
meeting to commence at 6:30
P.M. in the public library audi-
torium and that the City Clerk
publish notice in the manner
prescribed by law. Seconded
by Markham. Motion carried
7-0.
Ailey Between Iowa Street
and Central Avenue - Request
to Vacate: City Manager rec-_
ommending that a public hear-
ing be set for September 16,
2002 to consider a request
from Dubuque Bank and Trust
to vacate the alley between
Iowa Street and Central
Avenue from 13th Street to
14th Street and to establish
the purchase • price, upon
motion received and -filed__.
Michalski moved adoption of
Resolution No. 459-02
Approving plat of proposed
vacated alley between Iowa
Street and Central Avenue
from 13th Street to 14th
Street. Seconded by
Markham. Motion carried 7-0.
Ordinance No. 74-02 Vacating
the alley between Iowa Street_
and Central Avenue from 13th
Street to 14th Street, present-
ed and read. Michalski
moved that the requirement
that a proposed Ordinance be
considered and voted on for
passage at two Council
Meetings prior to the meeting
at which it is to be finally
passed be suspended and fur,.
ther moved final consideration
and passage of the Ordinance.
Seconded by Markham.
Motion carried 7-0. Michalski
moved adoption of Resolution
No. 460-02 of Intent to dis-
pose of City interest in City Lot
449A Dubuque, Iowa and fur-
ther set this for Public Hearing
on 9/16/02 at a meeting to -
commence at 6:30 P.M. in the
public library auditorium and
Flora Park Rest Room Project
- Initiate: City Manager recom-
mending initiation of the bid-
ding process for the Flora Park
Rest Room Project and that a
public hearing be set for
October 7, 2002, upon motion
received and filed. Michalski
moved adoption of Resolution
No. 462-02 Preliminary
approval of plans and specifi-
cations; Resolution No. 463-
02 Fixing date of hearing on
plans and specifications for
10/7/02 at a meeting to com-
mence at 6:30 P.M. in the pub-
lic library auditorium and that
the City Clerk publish notice in
the manner prescribed by law
and Resolution No. 464-02
Ordering bids. Seconded by
Markham. Motion carried 7-0.
Dubuque Girls' Independent
League Ballfield Fencing
Project - Initiate: City Manager
recommending initiation of the
bidding process for the
Dubuque Girls' Independent
League Ballfield Fencing
Project (Riprow Valley) and
that a public hearing be set for
October 7, 2002. upon motion
received and filed. Michalski,
moved adoption of Resolution
No. 465-02 Preliminary
approval of plans and specifi-
cations; Resolution No. 466-
02 Fixing date of hearing on
plans and specifications for
10/7/02 at a meeting to com-
mence at 6:30 P.M. in the pub-
lic library auditorium and that
the City Clerk publish notice in_
the manner prescribed by law
and Resolution No. 467-02
Ordering bids. Seconded by
Markham. Motion carried 7-0.
First Street and Main Street
Lighting Project - Initiate: City
Manager recommending initia-
tion of the bidding process for
the First Street and Main
Street Lighting Project and
that a public hearing be set for
October 7, 2002, upon motion
received and filed. Michalski
moved adoption of Resolution
No. 468-02 Preliminary
approval of plans and specifi-
cations; Resolution No. 469-
02 Fixing date of hearing on
plans and specifications for
10/7/02 at a meeting to com-
mence at 6:30 P.M. in the pub-
lic library auditorium and that
the City Clerk publish notice in
the manner prescribed by law
and Resolution No. 470-02
Ordering bids. Seconded by
Markham. Motion carried 7-0.
Port of Dubuque Phase #3
(Utilities) Project - Initiate: City
Manager recommending initia =
tion of the bidding process for
the Port of Dubuque Phase #3
(Utilities) Project and that a
public hearing be set for
October 7, 2002, upon motion
received and filed. Michalski
moved adoption of Resolution
No. 471-02 Preliminary
approval of plans and specifi-
cations; Resolution No. 472
02 Fixing date of hearing on
plans and specifications for
10/7/02 at 6:30 P.M. in the
public library auditorium and
that the City Clerk publish
notice in the manner pre-
scribed by law and Resolution
No. 473-02 Ordering bids.
Seconded by Markham. i
Motion carried 7-0.
There being no further busi-
ness, upon motion meeting
adjourned at 8:40 P.M.
/s/ Jeanne F. Schneider, CMC
City Clerk
1t 9/11
STATE OF IOWA
DUBUQUE COUNTY
I,
{ SS:
CERTIFICATION OF PUBLICATION
TAMMY M. FELDMANN
a Billing Clerk for Woodward
Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a
newspaper of general circulation published in the City of Dubuque, County of
Dubuque and State of Iowa; hereby certify that the attached notice was published
in said newspaper on the following dates ,° /71 i'er if
, 20 C, , and for which the charge is $ .3/ %, to 2 .
Subscribed to before me, a '7tary Public in a d for Dubuque County, Iowa,
this / 94" day of 20 D (A;
Notary Public in and for Dubuque County,iwa
MARY K. WtSTERMEYER
Commleelon Number 154885
My Comm. Exp. FEB. 1, 2005
motion received and filed.
Architectural Guidelines for
Historic Structures: Historic
Preservation Commission rec-
ommending Council approval_
of revisions to the City's
Architectural Guidelines for
Historic Structures which the
City Council adopted on
March 20, 2002, upon motion
received and filed and
approved recommendation.
Lead Paint Training
Instruction Agreement: City
Manager recommending_
approval of a Lead Paint
Training Instruction Agreement
with Tucker Enterprises LLC to
perform training under the lead
hazard reduction program,
upon motion received and filed
and approved recommenda-
tion.
Special Events Grant
Program: City Manager rec-
ommending approval of
revised criteria for a Special
Events Grant Program for
events held on public right-of-
way that require insurance,
upon motion received and filed
and approved recommenda-
tion.
Iowa Department of Public
Health Childhood Lead
Poisoning Funding and
Agreement with the Visiting
Nurse Association: City
Manager recommending
approval of a contract with the
Iowa Department of Public
=Health for continued funding of
the Childhood Lead Poisoning
Prevention Program (CLPPP)
and a renewed agreement with
the Dubuque Visiting Nurse
Association for services relat-
ed to the CLPPP, upon motion
received and filed. Buol
moved adoption of Resolution
No. 437-02 Authorizing the
City Manager or his designee
to sign a contract with the
Iowa Department of Public
Health and an agreement with
the Dubuque Visiting Nurse
Association. Seconded by
Connors. Motion carried 7-0.
Jackson Street and West
Locust Street Resurfacing
Project: City Manager recom-
mending award of the contract.
for the Jackson Street and
West Locust Street
Resurfacing Project to River
City Paving, upon motion
received and filed. Buol
moved adoption of Resolution
No. 438-02 Awarding contract
to River City Paving.
Seconded by Connors.
Motion carried 7-0.
High Bluff Sanitary Sewer
Project - Acceptance: City
Manager recommending
acceptance of the High Bluff
Sanitary Sewer Project as
completed by Drew Cook &
Sons Excavating, Inc. in the
final contract amount of
$126,846.09, upon motion
received and filed. Buol moved
adoption of Resolution No.
439-02 Accepting improve-
ment and Resolution No. 440-
02 Establishing final contract
amount. Seconded by
Connors. Motion carried 7-0.
Rental Agreement with
Dubuque Hockey, Inc.: City
Manager recommending
approval of an agreement with
Dubuque Hockey, Inc.
(Thunderbirds) for use of the
Five Flags Center for the 2002
- 2003 season, upon motion
received and filed and
approved recommendation.
FONSI/Final Section 4(f)
Statement - U.S. 20 Across
the Mississippi River: The
"Finding of No Significant
Impact" (FONSI) and Final
Section 4(f) Statement for the
capacity improvement of U.S.
20 across the Mississippi River
' is available for review in the
Public Works Director's office,
upon motion received and
filed.
EDA Application: City
Manager recommending
approval of an application to
the Economic Development
Administration (EDA) for a
$1.75 million grant for the
' acquisition and relocation of
the Adams Company, upon
Motion received and filed.
Buol moved adoption of
Resolution No. 441-02
Authorizing the filing of an
application to the Economic
Development Administration.
Seconded by Connors.
Motion carried 7-0.
Right -of -Way Encroachment
- Bricktown: City Manager
recommending approval of a
request from The Cooper
Company - Bricktown to install
a three-foot tall decorative wall
on the public right-of-way at
• Third and Locust.Streets, upon
• motion received an.
approved.
Business License Refunds:
' Sumba! Corporation request-
ing a refund of their Class "C"
Beer Permit in the amount of
$56.25, upon motion received
' and filed and approved refund.
Dennis Murray, Galaxies,
requesting a refund of their
• Cigarette License in the
amount of, $75.00, upon
motion received and filed and
approved refund.
Business Licenses: Buol
moved adoption of Resolution
No. 442-02 Granting the
issuance of a Class "C" Beer
Permit to Family Mart and Five
Point Mart and Resolution No.
-443-02 Granting the issuance
of a Class "C" Beer/Liquor
License to Players Sorts Bar.
Seconded by Connors.
Motion carried 7-0.
Ice Harbor West Road/Trail
Project: City Manager recom-
mending that the receipt of
bids date for the Ice Harbor
West Road and Trail Project
be changed from September
5, 2002 to September 10, 2002
and that Resolution No. 415-
02 Ordering bids be rescinded,
upon motion received and filed
And approved recommenda-
• tion. Buol moved adoption of
Resolution No. 444-02
Ordering bids. Seconded by
Connors. Motion carried 7-0.
BOARDS/COMMISSIONS
Applicants are invited to
address the Council regarding
their desire to serve on the fol-
lowing Commissions:
Airport Commission (One 4-
year term to expire 9/14/06).
Applicants: Steven R.
Accinelli, Evan W. Fleisher. Mr.
Accinelli spoke requesting
consideration for appointment.
Mr. Fleisher had conveyed he
was unable to be in atten-
dance.
Environmental Stewardship
Commission (Two 3-year
terms to expire 10/1/05);
Applicant: William L.
Niemann. No one spoke.
Housing Commission (Two 3-
year terms to expire 8/17/05);
Applicant: Thomas P. Swift, II.
No one spoke.
TV Cable Regulatory
Commission (One 3-year
vacant term through 6/30/04).
Applicant: Kevin Nekvinda.
Mr. Nekvinda spoke request-
ing consideration for appoint-
ment.
TV Cable Community
Teleprogramming Commission
(Two 3-year terms to expire
6/30/05 and two vacant 3-year
terms through 6/30/03).
Applicant: Carol Hoverman,
OSF. No one spoke.
Appointments to the follow-
ing Commissions:
Historic Preservation
Commission (Three 3-year
unexpired terms); Applicant:
Christopher R. Scheopner
(Cathedral District). Upon
motion Mr. Scheopner
appointed to the unexpired
three year term to expire
7/1/03 representing the
Cathedral District.
Housing Commission (Three
3-year terms to expire
8/17/05): Applicant: Floy.
Schneider (also on Long
Range Planning Advisory
Commission). Upon •motion
Mr. Schneider not appointed
as he is on the Long Range
Planning Commission.
PUBLIC HEARINGS
Upon motion the rules were
suspended to allow anyone
present to speak.
Raven Oaks - Request to
Vacate: Proof of publication
on notice of hearing and City
Manager recommending
approval of the request of
Joseph C. Weis, Arbor Glen
Limited Partnership, for the
vacation of the proposed
extension of Raven Oaks Drive
to allow them to proceed with
their development at the end
of Raven Oaks, upon motion
received and filed. Ordinance
No. 65-02 Vacating the portion
of Raven Oaks Drive platted in
Oak Brook Development, pre-
sented and read. Markham
moved that the requirement
that a proposed Ordinance be
considered and voted on for
passage at two Council
Meetings prior to the meeting
at which it is to be finally
passed be suspended and fur-
ther moved final consideration
and passage of the Ordinance.
Seconded by Buol. Motion
carried 7-0. Markham moved
adoption of Resolution No.
445-02 Disposing of City inter-
est in Lot A of Oak Brook
Development, Dubuque, Iowa.
Seconded by Buol. Motion
carried 7-0.
Hughes Court - Request to
Rezone: Proof of publication
on notice of hearing to consid-
er rezoning property located at
3197 Hughes Court from AG
Agricultural District to LI Light
Industrial District at the
request of Schneider Land
Surveying/Kevin Kirpes and
Zoning Advisory Commission
recommending approval, upon
motion received and filed.
Robert Kirpes, 419 Winona St.,
spoke in favor of the proposed
rezoning.
Ordinance No. 66-02
Amending Appendix A (the
Zoning Ordinance) of the City
of Dubuque Code of
Ordinances by reclassifying
hereinafter described property
located at the end of Hughes
Court from AG Agricultural
District to LI Light Industrial
District, presented and read.
Buol moved that the require-
ment that a proposed
Ordinance be considered and
voted on for passage at two
Council Meetings prior to the
meeting at which it is to be
finally passed be suspended
and further moved final con-
sideration and passage of the
Ordinance. • Seconded by
Nicholson. Motion carried
7-0.
3925 Dodge Street - Request
to Rezone: Proof of publica-
tion on notice of hearing to
consider rezoning property
located at 3925 Dodge Street
from C-3 General Commercial
District to PC Planned
Commercial District at the
request of Tom Luksetich /
Luksetich and Smith, .LLC and
Zoning Advisory Commission
recommending approval, upon
motion received and filed.
Tom Luksetich, 2744 Linda
Ct., spoke in favor of the pro-
posed rezoning.
Ordinance No. 67-02
Amending Appendix A (the
Zoning Ordinance) of the City
of Dubuque Code of
Ordinances by reclassifying
hereinafter described property
located at the northwest cor-
ner of U.S. Highway 20 and
North Crescent Ridge from C-
3 General Commercial District
to PUD Planned Unit
Development District with PC
Planned Commercial District
designation and adopting a
conceptual development plan,
presented and read. Buol
moved that the requirement
that a proposed Ordinance be
considered and voted on for
passage at two Council
Meetings prior to the meeting
at which it is to be finally
passed be suspended and fur-
ther moved final consideration
and passage of the Ordinance.
Seconded by Michalski.
Motion carried 7-0.
Sunny Slope Drive - Request
to Rezone: Proof of publication
on notice of hearing to consid-
er rezoning property located at
2193/2195 and 2197/2199
Sunny Slope Drive (southwest
corner of Camelot Drive and
Sunny Slope Drive) from R-4
Multi -Family Residential
District to R-3 Moderate
Density Residential District at
the request of Ken Moore and
Zoning Advisory Commission
recommending approval, upon
motion received and filed.
Ken Moore, 816 Vine St.,
Maquoketa, IA spoke in favor
of the proposed rezoning.
Ordinance No. 68-02
Amending Appendix A (the
Zoning Ordinance) of the City
of Dubuque Code of
Ordinances by reclassifying
hereinafter described property
located at the southwest cor-
ner of Sunny Slope Drive an.
Camelot Drive from R-4 Multi -
Family Residential District to
R-3 Moderate Density Multi -
Family Residential District,
presented and read. Buol
moved that the requirement
that a proposed Ordinance be
considered and voted on for
passage at two Council
Meetings prior to the meeting
at which it is to be finally
passed be suspended and fur-
ther moved final consideration
and passage of the Ordinance.
Seconded by Nicholson.
Motion carried
7-0.
Rhomberg Avenue - Request
to Rezone: Proof of publica-
tion on notice of hearing to
consider rezoning property
located at 2701, 2705 and
2711 Rhomberg Avenue from
R-1 Single Family Residential
District to CR Commercial
Recreation District and CS
Commercial Service and
Wholesale District at the
request of the City of Dubuque
and Zoning Advisory
Commission recommending
approval, upon motion
received and filed. Ordinance
No. 69-02 Amending
Appendix A (the Zoning
Ordinance) of the City of
Dubuque Code of Ordinances
by reclassifying hereinafter
described property located at
the end of Rhomberg Avenue
from R-1 Single Family
Residential District to CS
Commercial Service and
Wholesale District and CR
Commercial Recreation
District, with conditions, pre-
sented and read. Markham
moved that the requirement
that a proposed Ordinance be
considered and voted on for
passage at two Council
Meetings prior to the meeting
at which it is to be finally
passed be suspended and fur-
ther moved final consideration
and passage of the Ordinance.
Seconded by Connors.
Motion carried 7-0.
Zoning Ordinance - Text
Amendment: Proof of publica-
tion on notice of hearing to
consider a text amendment to
the Zoning Ordinance by
removing the provision that
states no accessory building
shall exceed one floor level at
the request of the City of
Dubuque and Zoning Advisory
Commission recommendin.
approval, upon motion
received and filed. Ordinance
No. 70-02 Amending Section
4-1.1(C) of the Zoning
Ordinance of the City of
Dubuque Code of Ordinances
by removing the provision that
states no accessory building
shall exceed one (1) floor level,
presented and read. Cline;
moved that the requirement
that a proposed Ordinance be
considered and voted on for
passage at two Council
Meetings prior to the meeting
at which it is to be finally
passed be suspended and fur-
ther moved final consideration
and passage of the Ordinance.
Seconded by Nicholson._
Motion carried 7-0.
Flora Pool Painting Project:
Proofs of publication on notice
of hearing on plans and speci-
fications and notice to bidders
on the receipt of bids, and City
Manager recommending
award of the contract for the
Flora Pool Painting Project to
Fred Jackson Tuckpointing,--
upon motion received and
filed. Cline moved adoption of
Resolution No. 446-02
Adopting plans and specifica-
tions for the project; and
Resolution No. 447-02
Awarding contract to Fred
Jackson Tuckpointing.
Seconded by Nicholson.
Motion carried 7-0.
West Locust Storm Sewer
Improvements: Proofs of pub-
lication on notice of hearing on
plans and specifications and
notice to bidders on the
receipt of bids, and City
Manager recommending
award of the contract for the
West Locust Storm Sewer
Improvement Project to
Connolly Construction, upon`
motion received and filed.
Markham moved adoption of
Resolution No. 448-02
Adopting plans and specifica-
tions for the project and
Resolution No. 449-02
Awarding contract to Connolly
Construction. Seconded by
Nicholson. Motion carried 7-
0.
Hotel Conference Center
Parking Lots and Fifth Street
Construction Project: Proofs
of publication on notice of
hearing on plans and specifi-
cations and notice to bidders
on the receipt of bids, and City
Manager recommending
award of the contract for the_
Hotel Conference Center
Parking Lots and Fifth Street
Construction Project to
Portzen Construction, Inc.,
upon motion received and
filed. Cline moved adoption of
Resolution No. 450-02
Adopting plans and specifica-
tions for the project and
Resolution No. 451-02_
Awarding contract to Portzen
Construction, Inc. Seconded
by Nicholson. Motion carried
7-0. '
Education and Conference
Center - Bid Package #3:
Proofs of publication on notice
of hearing on plans and speci-
fications and notice to bidders
on the receipt of bids, and City_
Manager recommending
award of the contract for the
Education and Conference
Center - Bid Package #3
Project to J.P. Cullen and
Sons, Inc., upon motion
received and filed. Buol moved
adoption of Resolution No.
452-02 Adopting plans and
specifications for the project_
and Resolution No. 453-02
Awarding contract to J.P.
Cullen and Sons, Inc.
Seconded by Nicholson.
Motion carried 7-0.
Upon motion the rules were
reinstated limiting discussion
to the Council.
ACTION ITEMS
Request for .Proposals -
Dubuque Star Brewery"
Building: City Manager
requesting authorization to
invite The Alexander Company
team and the Platinum
Hospitality team to respond to
a Request for Proposals (RFP)
for redevelopment of the for-
mer Dubuque Star Brewery
Building, upon motion
received and filed. Fran
Henkels, Dubuque Star
Brewing Company, addressed
the Council and requested that
the Company be allowed to
respond to the Request for
Proposals for the project.
Buol moved to approve the
recommendation and that
Dubuque Star Brewing_
Company also be invited to
submit a response to the
Request for Proposed.
Seconded by Nicholson.
Motion carried 7-0.
Residential Parking Permit
District - Green Street and
Avoca Street: City Manager
recommending that a petition
to establish a Residential
Parking Permit District in the
Senior High School area be
denied as none of the through
streets included in the petition
reached the necessary parking
occupancy level, presented
and read. Nicholson moved to
table this matter for six weeks
and do another traffic study
and count. Seconded by_
Cline. Motion failed due to the
following vote: Yeas —
Nicholson, Cline. Nays —
Connors, Duggan, Markham,
Michalski, Buol. Markham
moved to receive and file and
approve the recommendation
to deny. Seconded by Buol.
Motion carried 7-0.
John F. Kennedy Road -.
Removal of "No Parking"
Restriction: City Manager rec-
ommending that the current
parking restriction on John F.
Kennedy Road be amended to
allow parking from 230 feet
north of Spring Valley Road to
360 feet south of the
Northwest Arterial, upon
motion received and filed. An -
Ordinance Amending Section
32-262 (d) of the City of
Dubuque Code of Ordinances,
prohibiting parking on desig-
nated streets or portions
thereof by deleting portions of
John F. Kennedy Road, pre-
sented and read. . Buol
moved that the requirement
that a proposed Ordinance be_
considered and voted on for
passage at two Council
Meetings prior to the meeting
at which it is to be finally
passed be suspended and fur-
ther moved final consideration
and passage of the Ordinance.
Seconded by Nicholson. Vote
on the motion was as follows:
Yeas—Buol, Cline, Connors,
Duggan, Markham. Nays —
Michalski, Nicholson. Motion
failed due to lack of 3/a vote.
Buol moved that this be con-
sidered the first reading of the
Ordinance. Seconded by
Markham. Carried by the fol-
lowing vote: Yeas—Buol,
Cline, Connors, Duggan,
Markham. Nays —Michalski,,,
Nicholson.
Alternate Side Street Parking
Ordinance: City Manager rec-
ommending approval of
changes to Section 32-285 of
the Code of Ordinance to
allow the City Manager the
discretion of establishing park-
ing restriction hours in the
Alternate Side Street Parking_
District designated by the City
Council, upon motion received
and filed. Ordinance No. 71-
02 Amending City of Dubuque
Code of Ordinances Section
32-285 Alternate Side Street
Parking by establishing an
Alternate Side Street Parking
District and authorizing the
City Manager to establish time
restrictions for parking in the
district, presented and read.
Buol moved that the require-
ment that a proposed
Ordinance be considered and
voted on for passage at two
Council Meetings prior to the
meeting at which it is to be
finally passed be suspended
and further moved final con-®
sideration and passage of the
Ordinance. Seconded by
Michalski. Motion carried 7-0.
Historic District Public
Improvement Program: City
Manager and Historic
Preservation Commission rec-
ommending approval of the
Historic District Public
Improvement Program guide
lines providing matching
grants on a competitive basis
to neighborhood associations
and neighborhood groups for
streetscape improvements in
the City's five historic districts,
upon motion received and filed
and approved recommenda-
tion.
Dubuque County's Proposed,,
Land Development Plan and
Map: Long Range Planning
Commission submitting com-
ments on Dubuque County's
proposed land development
plan and map and recom-
mending City Council approval
of the Commission's recom-
mendations, presented and
read. Buol moved that the
communication be received"
and filed and approved rec-
ommendation. Seconded by
Nicholson. No vote taken on
the motion. Michalski then
moved to table this and go
back to the County and sha,e
concerns. Seconded by
Markham. Carried by the fol-
lowing vote: Yeas —Cline,...
Connors, Duggan, Markham,
Michalski. Nays—Buol,
Nicholson.
Homeownership Assistance
Funds: City Manager recom-
mending sponsorship of an
application for $250,000 to the
Federal Home Loan Bank
(FHLB) for Affordable Housing
Program funds to assist_
income -qualifying families to
purchase a home, upon
motion received and filed.
Cline moved adoption of
Resolution No. 454-02
Authorizing sponsorship of an
application to the Federal
Home Loan Bank of Des
Moines for Affordable Housing
Program funds. Seconded by,
Michalski. Motion carried 7-0.
FLYDBQ Campaign: City
Manager recommending
approval of a request from the
Airport. Commission for fund-
ing in the amount of $35,000
for the FLYDBQ Campaign,
upon motion received and filed
and approved.
National League of Cities:
Request from the National
League of Cities for appoint-
ment of a Voting Delegate and
Alternate Voting Delegate for
the National League of Cities
Annual Business Meeting on
Saturday, December 7, 2002,
upon motion designated
Council Member Nicholson as
the delegate with Council_
Member Buol as Alternate
Delegate.
Code of Ordinance Review:
City Manager requesting
Council direction regarding the
process to be used for updat-
ing the City's Code of
Ordinances, upon motion
received and filed and directed
that monthly reports be made,_
highlighting the summary of
changes.
ITEMS TO BE SET FOR
PUBLIC HEARING
Vacating Petition - Kimball
Street: City Manager recom-
mending that a public hearing
be set for September 16, 2002
to consider a request from
Michael Schmalz to vacate a,.
part of Kimball Street west of
Rhomberg Avenue, upon
motion received and filed and
set for Public Hearing on
9/16/02 at 6:30 P.M. in the
public library auditorium and
that the City Clerk publish
notice in the manner pre-
scribed by law. Michalski
moved adoption of Resolution...
No. 455-02 Approving plat of
proposed vacated part of
Kimball Street west of
Rhomberg Avenue. Seconded
by Markham. Motion carried
7-0. Ordinance No. 72-02
Vacating a part of Kimball
Street west of Rhomberg
Avenue, presented and read.
Michalski moved that the
requirement that a proposed'
Ordinance be considered and
voted on for passage at two
Council Meetings prior to the
meeting at which it is to be
finally passed be suspended
and further moved final con-
sideration and passage of the
Ordinance. Seconded by
Markham. Motion carried 7-0. _
Sale of Property Along
Rhomberg Avenue: City
Manager recommending that a
public hearing be set for
September 16, 2002 to con-
sider a request from Clint
Johnson, John Duccini, and
Michael Schmalz to purchase
property along Rhomberg
Avenue, upon motion received_
and filed. Michalski moved
adoption of Resolution No.
456-02 of Intent to dispose of
City interest in Lot 31A of
Eagle Point, Lot 1, Lot 2, and
Lot 3 of Eagle Point No. 2,
Dubuque, Iowa and further set
it for Public Hearing on
9/16/02 at a meeting to com-
mence at 6:30 P.M. in the pub-_
lic library auditorium and that
the City Clerk publish notice in
the manner prescribed by law.
Seconded by Markham.
Motion carried 7-0.
Old Mill Road - Vacating
Request: City Manager rec-
ommending that a public hear-
ing be set for September 16,
2002 to consider a request -
from David S. Hartig, Jr., for
the vacating of a portion of Old
Mill Road, upon motion
received and filed. Michalski
moved adoption of Resolution
No. 457-02 Approving plat of
proposed vacated Old Mill
Road. Seconded by
Markham. Motion carried 7-0.
Ordinance No. 73-02 Vacating_
a portion of Old Mill Road, pre-
sented and read. Michalski
moved that the requirement
that a proposed Ordinance be
considered and voted on for
passage at two Council
Meetings prior to the meeting
at which it is to be finally
passed be suspended and fur-
ther moved final consideration_
and passage of the Ordinance.
Seconded by Markham.
Motion carried 7-0. Michel*
moved adoption of Resolution
No. 458-02 of Intent to dis-
pose of City interest in Lot A of
Old Mill Place in the City of
Dubuque, Dubuque County,
Iowa and further set this for
Public Hearing on 9/16/02 at a_
meeting to commence at 6:30
P.M. in the public library audi-
torium and that the. City Clerk
publish notice in the manner
prescribed by law. Seconded
by Markham. Motion carried
7-0.
Alley Between Iowa Street
and Central Avenue - Request
to Vacate: City Manager rec __
ommending that a public hear-
ing be set for September 16,
2002 to consider a request
from Dubuque Bank and Trust
to vacate the alley between
Iowa Street and Central
Avenue from 13th Street to
14th Street and to establish
the purchase • price, upon
motion received and -filed._
Michalski moved adoption of
Resolution No. 459-02
Approving plat of proposed
vacated alley between Iowa
Street and Central Avenue
from 13th Street to 14th
Street. Seconded by
Markham. Motion carried 7-0.
Ordinance No. 74-02 Vacating
the alley between lowa Street_
and Central Avenue from 13th
Street to 14th Street, present-
ed and read. Michalski
moved that the requirement
that a proposed Ordinance be
considered and voted on for
passage at two Council
Meetings prior to the meeting
at which it is to be finally
passed be suspended and fur
ther moved final consideration
and passage of the Ordinance.
Seconded by Markham.
Motion carried 7-0. Michalski
moved adoption of Resolution
No. 460-02 of Intent to dis-
pose of City interest in City Lot
449A Dubuque, lowa and fur-
ther set this for Public Hearing
on 9/16/02 at a meeting to -
commence at 6:30 P.M. in the
public library auditorium and
that the City Clerk publish
notice in the manner pre-
scribed by law. Seconded by
Markham. Motion carried 7-0.
Proposed Land Use Map:
Long Range Planning Advisory
Commission recommending
that the City Council set a pub--
lic hearing for September 16,
2002, to consider adoption of
the proposed Land Use Map
to complete the update of the
1995 Comprehensive Plan,
upon motion received and filed
and set this for Public Hearing
on 9/16/02 at a meeting to
commence at 6:30 P.M. in the
public library auditorium and_
that the City Clerk publish
notice in the manner pre-
scribed by law.
Mediacom Franchise
Extension: City Manager rec-
ommending that' a public hear-
ing be set for September 16,
2002 to consider an additional
three-month lease extension
of the existing Mediacom_
cable franchise, upon motion
received and filed. Michalski
moved adoption of Resolution
No. 461-02 of the City's intent
to grant a short-term extension
of an existing cable services
franchise and an existing hub
site lease to MCClowa L.L.C.
(Mediacom), and further set
this for Public Hearing on.
9/16/02 at a meeting to com-
mence at 6:30 P.M. in the pub-
lic library auditorium and that
the City Clerk publish notice in
the manner prescribed by law.
Seconded by Markham.
Motion carried 7-0.
Flora Park Rest Room Project
- Initiate: City Manager recom-
mending initiation of the bid-
ding process for the Flora Park`
Rest Room Project and that a
public hearing be set for
October 7, 2002, upon motion
received and filed. Michalski
moved adoption of Resolution
No. 462-02 Preliminary
approval of plans and specifi-
cations; Resolution No. 463-
02 Fixing date of hearing on _
plans and specifications for
10/7/02 at a meeting to com-
mence at 6:30 P.M. in the pub-
lic library auditorium and that
the City Clerk publish notice in
the manner prescribed by law
and Resolution No. 464-02
Ordering bids. Seconded by
Markham. Motion carried 7-0.
Dubuque Girls' Independent_
League Ballfield Fencing
Project - Initiate: City Manager
recommending initiation of the
bidding process for the
Dubuque Girls' Independent
League Ballfield Fencing
Project (Riprow Valley) and
that a public hearing be set for
October 7, 2002. upon motion
received and filed. Michalski..
moved adoption of Resolution
No. 465-02 Preliminary
approval of plans and specifi-
cations; Resolution No. 466-
02 Fixing date of hearing on
plans and specifications for
10/7/02 at a meeting to com-
mence at 6:30 P.M. in the pub-
lic library auditorium and that
the City Clerk publish notice in,,
the manner prescribed by law I
and Resolution No. 467-02
Ordering bids. Seconded by
Markham. Motion carried 7-0.
First Street and Main Street
Lighting Project - Initiate: City
Manager recommending initia-
tion of the bidding process for
the First Street and Main
Street Lighting Project and
that a public hearing be set for
October 7, 2002, upon motion
received and filed. Michalski
moved adoption of Resolution
No. 468-02 Preliminary
approval of plans and specifi-
cations; Resolution No. 469-
02 Fixing date of hearing on
plans and specifications for
10/7/02 at a meeting to com-_
mence at 6:30 P.M. in the pub-
lic library auditorium and that
the City Clerk publish notice in
the manner prescribed by law
and Resolution No. 470-02
Ordering bids. Seconded by
Markham. Motion carried 7-0.
Port of Dubuque Phase #3
(Utilities) Project - Initiate: City
Manager recommending initia .
tion of the bidding process for
the Port of Dubuque Phase #3
(Utilities) Project and that a
public hearing be set for
October 7, 2002, upon motion
received and filed. Michalski
moved adoption of Resolution
No. 471-02 Preliminary
approval of plans and specifi-
cations; Resolution No. 472
02 Fixing date of hearing on
plans and specifications for
10/7/02 at 6:30 P.M. in the
public library auditorium and
that the City Clerk publish
notice in the manner pre-
scribed by law and Resolution
No. 473-02 Ordering bids.
Seconded by Markham.
Motion carried 7-0.
There being no further busi-
ness, upon motion meeting
adjourned at 8:40 P.M.
/s/ Jeanne F. Schneider, CMC
City Clerk
1t 9/11
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular
Session, September 3, 2002
Council met in Regular
Session at 6:30 P.M. in the
Library Auditorium
Present: Mayor Duggan,
Council Members Buol, Cline,
Connors, Markham, Michalski,
Nicholson, City Manager
Michael Van Milligan,
Corporation Counsel Barry
Lindahl.
Mayor Duggan read the call
and stated this is the regular
session of the City Council
called for the purpose of act-
ing upon such business which _
may properly come before the
City Council.
Invocation was given by
Deacon Dave McGhee of
Nativity Catholic Church.
Mayor Duggan swore in
Council Member Roy D. Buol
as Mayor Pro-Tem.
Proclamations: Regional
Dragon Boat Festival Days_
(September 6, 7, and 8, 2002)
received by Sue Hamilton;
Always Remember 9-11 Day
(September 11, 2002);
Alzheimer's Association
Memory Walk Awareness Day
(September 14, 2002) received
Awareness Diane
eDay BorndyAk T
(September 14, 2002) received -
by Linda, Tony, Joel, and
Rebecca Harvey.
CONSENT ITEMS
Minutes Submitted: Cable TV
Regulatory Commission of
8/14; City Council of 8/19 and
8/27; Downtown Planning
Committee of 8/12; Electrical
Code Board of 8/19; Historic
Preservation Commission of_
8/13 and 8/14; Long Range
Planning Advisory
Commission of 8/21; Zoning
Advisory Commission of 8/14;
Zoning Board of Adjustment of
8/22, upon motion received
and filed.
Proof of publication of City
Council Proceedings of
8/5/02; proof of publication of_
List of Claims and Summary of
Revenues for the month end-
ing June 30, 2002, upon
motion received and filed.
Notice of Claims/Suits: Lois
Link vs. City of Dubuque;
James Van Vors vs. Pamela B.
Arensdorf and City .of
Dubuque, upon motion
referred to the Legal Staff for
investigation and report. "'
Citizen Communications: (a)
Angela C. Simon regarding the
closure of Main Street in
preparation for the All That
Jazz Festival on August 16,
2002, upon motion received
and filed and referred to the
City Manager; (b) Kelly Sullivan
Soley regarding outdoor cafes,
Town Clock Plaza, and sup -
port for the arts; upon motion
received and filed and referred
to the City Manager; (c)
Sharon Culpepper regarding
north end drainage, upon
motion received and filed and
referred to the City Manager;
(d) Katherine Kelley regarding
maintenance of the retaining_
wall on the north side of
Hamilton Street, upon motion
received and filed and referred
to the City Manager; (e) Karen
M. Kuhle regarding the recent
eight inch rainstorm of August
21 and City Manager submit-
ting a response to correspon-
dence from Karen M. Kuhle,
upon motion received and
filed.
Environmental Stewardship
Advisory Commission: David
B. Czarnecki submitting his
resignation from the
Environmental Stewardship
Advisory Commission, upon
motion received and filed and
accepted resignation.
Legal Department Intern:
Communication from Crenna
Brumwell thanking the City
Council for the opportunity to
work in the Legal Services
Department as an intern, upon
motion received and filed.
Architectural Guidelines for
Historic Structures: Historic.
Preservation Commission rec-
ommending Council approval_
of revisions to the City's
Architectural Guidelines for
Historic Structures which the
City Council adopted on
March 20, 2002, upon motion
received and filed and
approved recommendation.
Lead Paint Training
Instruction Agreement: City
Manager recommending_
approval of a Lead Paint
Training Instruction Agreement
with Tucker Enterprises LLC to
perform training under the lead
hazard reduction program,
upon motion received and filed
and approved recommenda-
tion.
Special Events Grant
Program: City Manager rec
ommending approval of
revised criteria for a Special
Events Grant Program for
events held on public right-of-
way that require insurance,
upon motion received and filed
and approved recommenda-
tion.
Iowa Department of Public
Health Childhood Lead
Poisoning Funding and -
Agreement with the Visiting
Nurse Association: City
(Manager recommending
approval of a contract with the
Iowa Department of Public
= Health for continued funding of
the Childhood Lead Poisoning
Prevention Program (CLPPP)
and a renewed agreement with
the Dubuque Visiting Nurse
Association for services relat-
ed to the CLPPP, upon motion
received and filed. Buol
moved adoption of Resolution
No. 437-02 Authorizing the
City Manager or his designee
to sign a contract with the
Iowa Department of Public
Connors. Motion carried 7-0.
BOARDS/COMMISSIONS
Applicants are invited to'
address the Council regarding
their desire to serve on the fol-
lowing Commissions:
Airport Commission (One 4-
year term to expire 9/14/06).
Applicants: Steven R.
Accinelli, Evan W. Fleisher. Mr.
Accinelli spoke requesting
consideration for appointment. _
Mr. Fleisher had conveyed he
was unable to be in atten-
dance.
Environmental Stewardship
Commission (Two 3-year
terms to expire 10/1/05);
Applicant: William L.
Niemann. No one spoke.
Housing Commission (Two 3-
year terms to expire 8/17/05);_
Applicant: Thomas P. Swift, II.
No one spoke.
TV Cable Regulatory
Commission (One 3-year
vacant term through 6/30/04).
Applicant: Kevin Nekvinda.
Mr. Nekvinda spoke request-
ing consideration for appoint -
posed rezoning.
Ordinance No. 67-02
Amending Appendix A (the
Zoning Ordinance) of the City
of Dubuque Code of
Ordinances by reclassifying
hereinafter described property
located at the northwest cor-
ner of U.S. Highway 20 and
North Crescent Ridge from C-
3 General Commercial District
to PUD Planned Unit
Development District with PC_
Planned Commercial District
designation and adopting a
conceptual development plan,
presented and read. Buol
moved that the requirement
that a proposed Ordinance be
considered and voted on for
passage at two Council
Meetings prior to the meeting
at which it is to be finally_
passed be suspended and fur-
ther moved final consideration
and passage of the Ordinance.
Seconded by Michalski.
Motion carried 7-0.
Sunny Slope Drive - Request
to Rezone: Proof of publication
Manager recommending
award of the contract fot the
Flora Pool Painting Project to
Fred Jackson Tuckpointing,--
upon motion received and
filed. Cline moved adoption of
Resolution No. 446-02
Adopting plans and specifica-
tions for the project; and
Resolution No. 447-02
Awarding contract to Fred
Jackson Tuckpointing.
Seconded by Nicholson.
Motion carried 7-0. _
West Locust Storm Sewer
Improvements: Proofs of pub-
lication on notice of hearing on
plans and specifications and
notice to bidders on the
receipt of bids, and City
Manager recommending
award of the contract for the
West Locust Storm Sewer
Improvement Project to
Connolly Construction, upon
motion received and filed.
Markham moved adoption of
Resolution No. 448-02
Adopting plans and specifica-
tions for the project and
❑a�ni+inn Mn 449-02
thereof by deleting portions of
John F. Kennedy Road, pre-
sented and read. Buol
moved that the requirement
that a proposed Ordinance be -
considered and voted on for
passage at two Council
Meetings prior to the meeting
at which it is to be finally
passed be suspended and fur-
ther moved final consideration
and passage of the Ordinance.
Seconded by Nicholson. Vote
on the motion was as follows:
Yeas—Buol, Cline, Connors,_.
Duggan, Markham. Nays —
Michalski, Nicholson. Motion
failed due to lack of 14 vote.
Buol moved that this be con-
sidered the first reading of the
Ordinance. Seconded by
Markham. Carried by the fol-
lowing vote: Yeas—Buol,
Cline, Connors, Duggan,
Markham. Nays —Michalski„
Nicholson.
Alternate Side Street Parking
Ordinance: City Manager rec-
ommending approval of
changes to Section 32-285 of
the Code of Ordinance to
Vacating Petition - Kimball
Street: City Manager recom-
mending that a public hearing
be set for September 16, 2002
to consider a request from
Michael Schmalz to vacate a
part of Kimball Street west of
Rhomberg Avenue, upon
motion received and filed and
set for Public Hearing on
9/16/02 at 6:30 P.M. in the
public library auditorium and
that the City Clerk publish
notice in the manner pre-
scribed by law. Michalski
moved adoption of Resolution
No. 455-02 Approving plat of
proposed vacated part of
Kimball Street west of
Rhomberg Avenue. Seconded
by Markham. Motion carried
7-0. Ordinance No. 72-02
Vacating a part of Kimball
Street west of Rhomberg
Avenue, presented and read.
Michalski moved that the
requirement that a propose.
Ordinance be considered and
voted on for passage at two
Council Meetings prior to the
meeting at which it is to be
that the Cit
notice in th
scribed by Ia1
Markham. M
Proposed
Long Range I
Commission
that the City
lic hearing fc
2002, to con
the propose(
to complete
1995 Coml
upon motion
and set this I
on 9/16/02
commence e
public librar
that the Ci
notice in t
scribed by le
Media
Extension: I
ommending
ing be set f
2002 to con:
three-month
of the exi
cable franct
received an
nw,vmd artnr