Minutes Council 4 15 02CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
At 4:45 P.M. Council met for dinner in the Library Rotunda.
City Council, Special Session, April 15, 2002
Council met in Special Session at 5:27 P.M. in the Library Auditorium
Present: Mayor Duggan, Council Members Buol, Cline, Connors, Markham, Nicholson, City
Manager Michael Van Milligen, Corporation Counsel Barry Lindahl.
Absent: Council Member Michalski.
Mayor Duggan read the call and stated this is a special session of the City Council called for the
purpose of discussing Historic Preservation Architectural Guidelines.
Terry Mozena, Chair of the Historic Preservation Commission, and Chris Morris of the Durrant
Group, Inc., both spoke giving a presentation on the guidelines.
There being no further business, upon motion meeting adjourned at 6:04 P.M.
/s/ Jeanne F. Schneider, CMC
City Clerk
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CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, April 15, 2002
Council met in Regular Session at 6:30 P.M. in the Library Auditorium
Present: Mayor Duggan, Council Members Buol, Cline, Connors, Markham, Michalski,
Nicholson, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl.
Mayor Duggan read the call and stated this is the regular session of the City Council called for
the purpose of acting upon such business which may properly come before the City Council.
Invocation was given by Reverend Judy Wadding, Pastor, Sherrill United Methodist Church and
Chaplain, Hillcrest Family Services.
PROCLAMATIONS: Library Week – April 14–20, 2002 received by Library Director Susan
Henricks; Volunteer Recognition Week – April 21–27, 2002 received by Library Volunteer
Coordinator Michelle Hellmer; Arbor Day – April 28, 2002 received by City Forester Steve
Pregler.
CONSENT ITEMS
Minutes Submitted: City Council of 4/1; Historic Preservation Commission of 3/21; Human
Rights Commission of 3/11; Library Board of 1/24 and 2/28; Zoning Advisory Commission of 4/3;
Zoning Board of Adjustment of 3/28, upon motion received and filed.
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Finance Director submitting the Financial Reports for the month ending March 31, 2002, upon
motion received and filed.
Proof of publication of Council Proceedings of 3/18/02, upon motion received and filed.
Substance Abuse Services Center Third Quarter Report for Fiscal Year 2002, upon motion
received and filed.
Notice of Claims/Suits: Rick Biedermann in estimated amount of $175.91 for vehicle damage;
Rick and Jean Fassbinder in estimated amount of $650.11 for property damage; David and Robin
Foley in estimated amount of $778.28 for vehicle damage; Connie Shelsky in undetermined
amount for personal injury; Joe Ungs in estimated amount of $93.46 for vehicle damage, upon
motion referred to the Legal Staff for investigation and report.
Corporation Counsel advising that the following claims have been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Communities Assurance Pool: Rick Fassbinder for
property damage; David M. Foley for vehicle damage; Connie Shelsky for personal injury, upon
motion received and filed and concurred.
Corporation Counsel recommending settlement of the claims of Carla Kipper in the amount of
$85.44 for vehicle damage and Bernard Weber in the amount of $12.99 for property damage,
upon motion received and filed and concurred.
Historic Preservation Commission: Pamela Bradford submitting her resignation from the
Historic Preservation Commission, upon motion received and filed and accept resignation with
regret. Council Member Cline voiced sincere appreciation for all that Pamela Bradford has
contributed while on that Commission and in that neighborhood.
Citizen Communication: Deborah DeVenuta appealing the denial of her claim against the City
for vehicle damage, upon motion received and filed and referred to the City Manager.
Legislative Issues: Communication of City Manager Michael C. Van Milligen to area legislators
regarding the importance of tax increment financing in its current form to Iowa communities, upon
motion received and filed and approved.
Communication of City Manager Michael C. Van Milligen to area legislators urging them to vote
against any amendment that would shift Road Use Tax Funds to the General Fund (SF 2326),
upon motion received and filed and approved.
2002 – 2003 Deer Management Plan: Environmental Stewardship Advisory Commission
recommending continuation of the deer management program for the 2002 – 2003 hunting season
and that the plan be forwarded to the Iowa Department of Natural Resources Commission for their
approval, upon motion received and filed. Buol moved adoption of Resolution No. 205-02
Approving the Deer Management Plan. Seconded by Nicholson. Motion carried 7-0.
Greater Dubuque Development Corporation/Kirchoff Family Realty Rezoning: Communication
from Eugene Bird, Jr., Chairperson of the Zoning Advisory Commission, correcting the vote of the
Zoning Advisory Commission on the rezoning request of Greater Dubuque Development
Corporation/Kirchoff Family Realty, upon motion received and filed.
Mt. Carmel Sanitary Sewer Extension – Final Schedule of Assessments: City Manager
recommending approval of the final schedule of assessments for the Mt. Carmel Sanitary Sewer
Extension Project, upon motion received and filed. Buol moved adoption of Resolution No. 206-
02 Adopting the final assessment schedule for the Mt. Carmel Sanitary Sewer Extension Project
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including certain information required by the Code of Iowa, specifically, the number of annual
installments into which assessments are divided, the interest of all unpaid installments, the time
when the assessments are payable and directing the Clerk to certify the final schedule and to
publish notice thereof. Seconded by Nicholson. Motion carried 7-0.
Algona Street Reconstruction – Acceptance: City Manager recommending acceptance of the
Algona Street Reconstruction Project in the final contract amount of $631,864.21 and adoption of
the preliminary schedule of final assessments, upon motion received and filed. Buol moved
adoption of Resolution No. 207-02 Accepting improvement; Resolution No. 208-02 Approving
final estimate; and Resolution No. 209-02 Adopting preliminary schedule of final assessments.
Seconded by Nicholson. Motion carried 7-0.
Iowa Department of Economic Development: Communication from the Iowa Department of
Economic Development advising that the Community Economic Betterment Account (CEBA)
application for Quebecor has been approved, upon motion received and filed.
Communication from the Iowa Department of Economic Development advising that the City of
Dubuque has been awarded a grant in an amount not to exceed $202,500 from the HOME
Investment Partnership Program to assist in the rehabilitation of 15 rental homes in the City’s
north end neighborhood, upon motion received and filed.
Communication from the Iowa Department of Economic Development advising that the City’s
contract for Iowa Local Housing Assistance Program funds has been amended, upon motion
received and filed.
McAleece Park and Recreation Complex Concession Agreement: City Manager recommending
approval of the McAleece Park and Recreation Complex Concession Agreement with Baseball
Dreams LLC, upon motion received and filed and approved recommendation.
Pinto Ridge Subdivision – Final Plat: City Manager recommending approval of a 180-day
extension for provision of security bonding for the construction and installation of improvements
for Pinto Ridge Subdivision, upon motion received and filed. Buol moved adoption of Resolution
No. 210-02 Rescinding Resolution No. 450-01 and reaffirming the final plat of Pinto Ridge
Subdivision in the City of Dubuque, Iowa. Seconded by Nicholson. Motion carried 7-0.
Dubuque Industrial Center West – Final Plat: Zoning Advisory Commission recommending
approval of the final plat of Lots H, I and J of Dubuque Industrial Center West, upon motion
received and filed. Buol moved adoption of Resolution No. 211-02 Approving the final plat of Lots
H, I and J of Dubuque Industrial Center West in the City of Dubuque, Iowa. Seconded by
Nicholson. Motion carried 7-0.
Dubuque Industrial Center West Covenants: City Manager recommending that covenants for
Dubuque Industrial Center West be amended to include the industrial park property platted west
of Seippel Road, upon motion received and filed and approved recommendation.
Operations and Maintenance Department Design: City Manager recommending approval of the
selection of Robert M. Kueny Architect to provide architectural and engineering design services
for the new Operations and Maintenance Department facility, upon motion received and filed and
approved recommendation.
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Mutual Law Enforcement Agreement and Mutual Drug Enforcement Agreement: City Manager
recommending approval of a Mutual Law Enforcement Agreement and Mutual Drug Enforcement
Agreement between Dubuque County, the City of East Dubuque and the City of Dubuque, upon
motion received and filed and approved.
Business Licenses: Buol moved adoption of Resolution No. 212-02 Granting the issuance of a
Class “B” Beer Permit to Plaza 20 Amoco and Lien Oriental Food Store and Resolution No. 213-
02 Granting the issuance of a Class “C” Beer/Liquor License to Noonan’s Tap, Olive Garden,
Loras College, and Central Tap (the Idle Hour removed for lack of proper application). Seconded
by Nicholson. Motion carried 7-0.
BOARDS/COMMISSIONS - Interviews for the following Board/Commission: Mechanical Code
Board (Six Vacancies). Applicants (Need Mechanical Background): Tom W. Giese, David W.
Grothe, Michael P. Kelly, Paul J. Papin (also serves on Plumbing Board), David C. Stuart, Harlan
J. Willenborg (also serves on Plumbing Board). No one spoke.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to speak.
John F. Kennedy Road Reconstruction Project at the Northwest Arterial: Proof of publication on
notice of hearing to consider the plans and specifications for the John F. Kennedy Road
Reconstruction Project in the vicinity of the Northwest Arterial and City Manager recommending
approval, upon motion received and filed.
Petition from landowners on John F. Kennedy Road stating that sidewalks along the new
construction on John F. Kennedy Road are not warranted, upon motion received and filed.
Communication from Dubuque Soccer Alliance opposing the proposed plan to include sidewalks
on the east side of John F. Kennedy Road as part of the reconstruction project, upon motion
received and filed.
Dave Unsen, 3078 John F. Kennedy Rd., George Pfeiler, 3150 John F. Kennedy Road, Dennis
Williams, 3139 John F. Kennedy Road, Tom Pfiffner, 3037 John F. Kennedy Rd. all spoke
objecting to the installation of sidewalks.
Resolution No. 214-02 Adopting plans and specs, presented and read. Markham moved to
amend the Resolution to remove the installation of sidewalks in this project, though to include the
grading to allow for possible future sidewalks. Seconded by Nicholson. Carried by the following
vote: Yeas—Markham, Michalski, Buol, Cline, Connors, Duggan. Nays—Nicholson. Markham
moved to adopt the Resolution, as amended. Seconded by Nicholson. Motion carried 7-0.
Sisters of St. Francis – 1001 Davis Street – Rezoning Request: Proof of publication on notice of
hearing to consider rezoning property located at 1001 Davis Street from R-1 Single Family
Residential District to OR Office Residential District at the request of the Sisters of St. Francis and
Zoning Advisory Commission recommending approval, upon motion received and filed.
Petition from the neighbors of the Sisters of St. Francis requesting that the zoning remain single
family, upon motion received and filed.
Communication from Joel and Mary Glennon stating that the property of the Sisters of St. Francis
should remain R-1 Single Family, upon motion received and filed.
Sr. Margaret Jungers, Director of Shalom Retreat Center, spoke outlining their plans for their
community and this business. Sr. Marie Therese Kalb, as Assistant Director of Shalom, spoke of
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their commitment to this ministry. Sr. Judy Sinnwell, as the Massage Therapist for the last 10
years at Shalom, spoke of their continued commitment to mind, body and spirit healing.
Merle Pfeiler, 1010 Davis, spoke in opposition to the zoning change.
David Chatfield spoke stating that this could be accomplished with spot zoning.
Ed Kieffer, spoke objecting to the entire rezoning, stating that it could be restricted to that
address only and revert back if that business closes.
Discussion ensued about looking at a conditional zoning basis.
An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of
Ordinances by reclassifying hereinafter described property located at 1001 Davis Street from R-1
Single Family Residential District to OR Office High Density Multi-Family Residential District,
presented and read. Buol moved to table the public hearing until the meeting of 5/6/02 with
direction that Staff look at conditional use rezoning for this property. Seconded by Nicholson.
Motion carried 7-0.
MWF Properties/Felderman Business Partnership – Amend PUD:
Mayor Duggan turned control of the meeting to Mayor Pro-Tem Michalski due to possible conflict
of interest.
Proof of publication on notice of hearing to consider amending the PUD Planned Unit
Development District located at the end of Raven Oaks Drive to allow construction of 64 multi-
family housing units at the request of MWF Properties/Felderman Business Partnership and
Zoning Advisory Commission recommending approval, upon motion received and filed.
Communication from Dominic Goodmann III, in support of the application of MWF Properties and
Felderman Business Partnership to amend the PUD District on Raven Oaks Drive, upon motion
received and filed.
Steve Ulstad, Architect of the proposed project, and Dave Steele of MWF Properties, spoke
outlining their plans for this development.
Robert Felderman spoke in favor of the project.
Erin LaFoe of 3142 Arbor Oaks, Jean Becker, 2672 Marywood Dr., Tara Goedkin, 3109 Arbor
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Oaks, Merle Langkamp, W. 32 St., Robert Miller, 3115 Arbor Oaks, Bill Brittain, 3105 Arbor
Oaks, Laura Becker, 2877 Arbor Hills, Ron Hickson, 2608 Rosewood, Robert Curler, 2674
Marywood, Rod Tokheim, 2999 Olde Country Lane, John Herrig, all spoke objecting to the
proposed project, citing increased noise, density, traffic, and lack of need for this kind of housing.
Donna Morris of St. Mary’s Home, Inc. – Owen Ct Apts. and Kathy Pothoff as Manager of
Sheridan Village, spoke stating there is no need for additional housing rental units.
Nick Goodman of 9603 Maquoketa Dr. spoke in favor of the project.
David Steele stressed this is not a low income housing project. Janet Walker, Assistant Housing
Director, spoke explaining there are 250 applicants on the waiting list for Section 8 Housing but
the City is limited to so many vouchers.
An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of
Ordinances by amending the Conceptual Development Plan for property located at the end of
Raven Oaks Drive and currently zoned PUD Planned Unit Development District with a PR
Planned Residential Designation, 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 consideration
and passage of the Ordinance. Seconded by Connors. Vote on the motion was as follows:
Yeas—Markham, Michalski, Nicholson, Connors. Nays—Buol, Cline. Motion failed due to lack of
¾ vote to waive the rules. Markham moved that this be considered the first reading of the
Ordinance. Seconded by Nicholson. Carried by the following vote: Yeas—Markham, Michalski,
Nicholson, Connors. Nays—Buol, Cline.
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Mayor Duggan returned and took control of the meeting.
Gronen Properties, LLC – Rezoning Request: Proof of publication on notice of hearing to
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consider rezoning property located at 2027 and 2035 Elm Street, 349 and 369 East 20 Street,
and 2006, 2010, 2024, 2032, 2036, 2042 and 2046 Washington Street from R-2A Alternate Two-
Family Residential District to C-2 Neighborhood Shopping Center District at the request of Gronen
Properties, LLC and Zoning Advisory Commission recommending approval, upon motion received
and filed.
John Gronen, 1766 Plymouth Ct. spoke of his plans for these properties.
Linda Green, 427 Rhomberg, Tammy Walsh, 2043 Washington, Joe Healy of 2586 Crissy Dr.
and David Chatfield of 3739 Inwood St. all spoke in support of this proposed rezoning and project.
Ordinance No. 29-02 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code
of Ordinances by reclassifying property located at the northeast corner of Washington Street and
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20 Street from R-2A Alternate Two-Family Residential District to C-2 Neighborhood Shopping
Center 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 further moved final consideration and passage of the
Ordinance. Seconded by Michalski. Motion carried 7-0.
Ron Malone/Keith Wolff – 940 to 990 Cedar Cross Road – Request to Rezone: Proof of
publication on notice of hearing to consider rezoning property located from 940 to 990 Cedar
Cross Road from CS Commercial Service and Wholesale District to C-3 General Commercial
District at the request of Ron Malone and Keith Wolff and Zoning Advisory Commission
recommending approval, upon motion received and filed.
Keith Wolff spoke in support of the proposed rezoning.
Ordinance No. 30-02 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code
of Ordinances by reclassifying property located at 950 Cedar Cross Road from CS Commercial
Service and Wholesale District to C-3 General Commercial 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
further moved final consideration and passage of the Ordinance. Seconded by Cline. Motion
carried 7-0.
Randy Davis – 840 Roosevelt Street – Request to Rezone: Proof of publication on notice of
hearing to consider rezoning property located at 840 Roosevelt Street from R-1 Single Family
Residential District to CS Commercial Service and Wholesale District at the request of Randy
Davis; communication of Zoning Advisory Commission recommending denial, and communication
of Randy Davis requesting to table to 6/17/02 Council meeting, and an Ordinance Amending
Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying
property located at 840 Roosevelt Street from R-1 Single Family Residential District to CS
Commercial Service and Wholesale District, presented and read. Markham moved to table this
matter to 6/17/02. Seconded by Buol. Motion carried 7-0.
City of Dubuque - Port of Dubuque Rezoning:
Mayor Duggan turned control of the meeting to Mayor Pro Tem Michalski due to possible conflict
of interest.
Proof of publication on notice of hearing to consider rezoning property from ROD
Redevelopment Overlay District, HI Heavy Industrial District, MHI Modified Heavy Industrial
District, CS Commercial Service and Wholesale District and CR Commercial Recreation District to
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PUD Planned Unit Development District and adopting a Conceptual Development Plan to be
known as the Port of Dubuque Riverfront District at the request of the City of Dubuque and Zoning
Advisory Commission recommending approval, upon motion received and filed.
Communication from Corporation Counsel Barry Lindahl regarding the Dodds River Terminals,
Inc. lease with the City of Dubuque, upon motion received and filed.
Communication from Dennis Dodds, President of Dodds River Terminals, Inc., in opposition to
the proposed rezoning of the Port of Dubuque and adoption of the Conceptual Development Plan,
upon motion received and filed.
Communication of City Manager Michael C. Van Milligen to John C. Hendry, President of the
Adams Company, in response to his request for a delay in the adoption of the Planned Unit
Development Ordinance for the Port of Dubuque, upon motion received and filed.
Attorney Doug Henry, 200 Security Building, as a representative of six businesses, spoke about
concerns with Zone B and objecting to the adoption of the Ordinance.
Steve Arthur, Vice President of The Adams Co., spoke in opposition to the Ordinance and
requested that action be delayed, especially Zone B.
Dave Engstrom of the Mutual Wheel Co., requested postponement for five years.
Mark Molo of Molo Oil Co., objected to the proposed rezoning and requested postponement of
action.
Carter Newt of Newt Marine, and Karen Haferhill both spoke in opposition to the proposed
rezoning at this time.
Rick Dickinson, Executive Director of GDDC spoke clarifying the space available for relocation of
businesses.
City Manager Van Milligen clarified that these business can continue but just cannot expand at
their present site.
Ordinance No. 31-02 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque by
reclassifying hereinafter described property located north and south of the Ice Harbor and east of
Highway 61/151 from ROD Redevelopment Overlay District, HI Heavy Industrial District, MHI
Modified Heavy Industrial District, CS Commercial Service and Wholesale District and CR
Commercial Recreation District to PUD Planned Unit Development District and adopting a
Conceptual Development Plan to be known as the Port of Dubuque Riverfront District, presented
and read.
Buol moved to amend the Ordinance to remove the condition of the five year delay on Zone B.
Seconded by Cline. Motion carried 6-0.
Buol moved that the requirement that a proposed Ordinance be considered and voted on for
passage at two Council Meetings prior to the meeting at which it is to be finally passed be
suspended and further moved final consideration and passage of the Ordinance, as amended.
Seconded by Nicholson. Motion carried 6-0.
Text Amendment – Freeway 61/151 Sign Overlay District: Proof of publication on notice of
hearing to consider amending the Freeway 61/151 Sign Overlay District (SOD) to replace the
SOD with the Port of Dubuque Planned District Sign Regulations as requested by the City of
Dubuque, upon motion received and filed. Ordinance No. 32-02 Amending Appendix A (the
Zoning Ordinance) of the City of Dubuque Code of Ordinances by amending Sections 4-3.12(B)
and 4-3.12(C)(1)(a), 4-3.12(C)(1)(c) and 4-3.12(C)(2)(a) of the Freeway 61/151 Corridor Signage
Overlay District (SOD), presented and read. Buol moved that the requirement that a proposed
Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting
at which it is to be finally passed be suspended and further moved final consideration and
passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0.
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Southwest Arterial Corridor Moratorium: Proof of publication on notice of hearing to consider
amending Sections 6-1.5.5 and 4-4.2 of the Zoning Ordinance and Section 42-16 of the
Subdivision Regulations regarding a development moratorium in the proposed Southwest Arterial
Corridor as requested by the City of Dubuque and the Iowa Department of Transportation and
Zoning Advisory Commission recommending denial and communication from the City Manager in
support of the Southwest Arterial Corridor Moratorium, upon motion received and filed.
Kim Sanford spoke objecting to the proposed moratorium.
Ordinance No. 33-02 Amending Appendix A (Zoning Ordinance) of the City of Dubuque Code of
Ordinances by amending Section 4-4.2 regarding site plans, and by amending Section 6-1-5.5
regarding rezonings, to establish a moratorium for site plan and rezoning applications in the
Southwest Arterial Corridor and Ordinance No. 34-02 Amending Chapter 42 (Subdivision
Regulations) of the City of Dubuque Code of Ordinances by amending Section 42-16, to establish
a moratorium for subdivision plats in the Southwest Arterial Corridor, presented and read. Buol
moved that the requirement that the proposed Ordinances be considered and voted on for
passage at two Council Meetings prior to the meeting at which they are to be finally passed be
suspended and further moved final consideration and passage of the Ordinances. Seconded by
Nicholson. Carried by the following vote: Yeas—Michalski, Nicholson, Buol, Cline, Connors,
Duggan. Nays—Markham.
Mississippi Riverwalk and Amenities Project – Award: Proofs of publication 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 Mississippi Riverwalk and Amenities Project to
Portzen Construction in the amount of $3,472,612.50, upon motion received and filed. Nicholson
moved adoption of Resolution No. 215-02Adopting plans and specifications for the project and
Resolution No. 216-02 Awarding contract to Portzen Construction. Seconded by Michalski.
Motion carried 7-0.
Tanzanite Drive Paving Project – Award: Proofs of publication 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 Tanzanite Drive Paving Project to Flynn Company, Inc. in the amount of
$212,678.10, upon motion received and filed. Nicholson moved adoption of Resolution No. 217-
02 Adopting plans and specifications for the project and Resolution No. 218-02 Awarding
contract to Flynn Company, Inc. Seconded by Buol. Motion carried 7-0.
Operations and Maintenance Department Roof Repair Project – Award: Proofs of publication 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 Operations and Maintenance Department
Roof Repair Project to Prism Corporation in the amount of $18,027.00, upon motion received and
filed. Cline moved adoption of Resolution No. 219-02 Adopting plans and specifications for the
project and Resolution No. 220-02 Awarding contract to Prism Corporation. Seconded by
Nicholson. Motion carried 7-0.
Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
Arbor Glen Apartments – Resolution of Support: Communication from David T. Steele regarding
the project and requesting a resolution of support for the Arbor Glen Apartments. (This item was
discussed by the City Council at the January 7, 2002 meeting. The motion at that meeting was to
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receive and file the request and refer the matter to staff.) City Manager providing additional
information regarding the Raven Oaks proposal, upon motion received and filed. Michalski
moved adoption of Resolution No. 221-02 Resolution of Support for the development of a rental
housing project to be known as Raven Hills Apartments. Seconded by Connors. Carried by the
following vote: Yeas—Markham, Michalski, Nicholson, Buol, Connors. Nays-Cline. Abstain—
Duggan.
Library Annual Report: Library Director Susan Henricks presenting the annual report for
Carnegie Stout Public Library, upon motion received and filed.
Code of Ordinance Amendment - Skateboards: City Manager recommending approval of an
amendment to the Code of Ordinances prohibiting the use of skateboards and other non-
motorized conveyances in designated areas identified by the Park and Recreation Advisory
Commission, upon motion received and filed. Ordinance No. 35-02 Amending Section 32-251(a)
of the City of Dubuque Code of Ordinances prohibiting the use of bicycles, motorcycles, etc. in
parks by adding thereto a prohibition on the use of skateboards and other non-motorized
conveyances, presented and read. Buol moved that the requirement that a proposed Ordinance
be considered and voted on for passage at two Council Meetings prior to the meeting at which it is
to be finally passed be suspended and further moved final consideration and passage of the
Ordinance. Seconded by Markham. Motion carried 7-0.
White Street Reconstruction Project: City Manager providing follow-up information on questions
left unanswered at the conclusion of the public hearing on the White Street Reconstruction
Project, presented and read. Michalski moved to receive and file the communication and to
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amend the project as follows: 1. Narrow White St. to 37 feet in the 22 to 24 Street blocks; 2.
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Stay with the 8” of concrete; 3. Implement better signage for truck route turn at 21 Street.
Seconded by Connors. Motion carried 7-0.
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Building Permit Moratorium – 32 Street Detention Basin: City Manager recommending the
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establishment of an 18month building permit moratorium surrounding the existing West 32
Street Detention Basin, upon motion received and filed. Ordinance No. 36-02 Amending Chapter
11 (Buildings and Building Regulations) of the City of Dubuque Code of Ordinances by adding
Section 11-58.4 to the City of Dubuque Code of Ordinances by establishing an eighteen month
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moratorium on the issuance of permits for work in the West 32 Street detention basin area,
presented and read. Buol moved that the requirement that a proposed Ordinance be considered
and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally
passed be suspended and further moved final consideration and passage of the Ordinance.
Seconded by Nicholson. Motion carried 7-0.
Environmental Assessment – Southwest Arterial: City Manager recommending that the City
participate in the environmental assessment for the Southwest Arterial Corridor in the amount of
$59,400; communication from Donna Smith, Chairperson of the Dubuque County Board of
Supervisors, advising that they have approved participation in the environmental assessment for
the Southwest Arterial Corridor in the amount of approximately $59,400.00; and communication
from DMATS supporting the environmental assessment for the Southwest Arterial, upon motion
received and filed and approved recommendation.
Monument Design – Bell and Fifth Streets: City Manager recommending approval of the design
for the monument to be placed at Bell and Fifth Streets in the Port of Dubuque, upon motion
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received and filed and approved recommendation for design with no artwork and if artwork is
included it would be stationary, and that interior lighting be used.
Iowa Department of Transportation: Communication from Mark Wandro, Director of the Iowa
Department of Transportation, requesting the City to write the Surface Transportation Board (STB)
urging that the potential merger of the Dakota Minnesota and Eastern Railroad (DME) and the I &
M Rail Link be viewed as significant and engage a full regulatory process when an application is
submitted, upon motion received and filed and direct that a letter be sent to the STB stressing the
above viewpoint.
ITEMS TO BE SET FOR PUBLIC HEARING
Education and Conference Center – Bid Package #1: City Manager recommending initiation of
the bidding process for the Education and Conference Center Bid Package #1 Project and setting
a public hearing for May 20, 2002, upon motion received and filed. Michalski moved adoption of
Resolution No. 222-02 Preliminary approval of plans and specifications; Resolution No. 223-02
Fixing date of hearing on plans and specifications for 5/20/02 at a meeting to commence at 6:30
P.M. in the public library auditorium and that the City Clerk publish notice in the manner
prescribed by law and Resolution No. 224-02 Ordering bids. Seconded by Buol. Motion carried
7-0.
Interstate Power and Light Company – Development Agreement: City Manager recommending
that a public hearing be set for May 6, 2002 to consider an amendment to the Development
Agreement and Real Estate Contract between the City and Interstate Power and Light Company
for the substitution of Lot 6 for Lot 5 in the sale of property in the Dubuque Industrial Center West,
upon motion received and filed. Michalski moved adoption of Resolution No. 225-02 of Intent to
dispose of an interest in real property by amendment to Development Agreement and Real Estate
Contract between the City of Dubuque, Iowa and Interstate Power and Light Company and that
this be set for Public Hearing on 5/6/02 at a meeting to commence at 6:30 P.M. in the public
library auditorium and that the City Clerk publish notice in the manner prescribed by law.
Seconded by Buol. Motion carried 7-0.
Fiscal Year 2002 Second Budget Amendment: City Manager recommending that a public
hearing to consider the Fiscal Year 2002 Second Budget Amendment be set for May 6, 2002 upon
motion received and filed. Michalski moved adoption of Resolution No. 226-02 Directing the City
Clerk to publish proposed amendment to the Fiscal Year 2002 Budget and date of public hearing,
with Public Hearing set for 5/6/02 at 6:30 P.M. in the public library auditorium and that the City
Clerk publish notice in the manner prescribed by law. Seconded by Buol. Motion carried 7-0.
There being no further business, upon motion meeting adjourned at 11:27 P.M.
/s/ Jeanne F. Schneider, CMC
City Clerk
1t 4/24
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