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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 # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # 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. 1 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 2 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. 3 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 4 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 nd 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. 5 Mayor Duggan returned and took control of the meeting. Gronen Properties, LLC – Rezoning Request: Proof of publication on notice of hearing to th 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 th 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 6 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. 7 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 8 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 ndth amend the project as follows: 1. Narrow White St. to 37 feet in the 22 to 24 Street blocks; 2. st Stay with the 8” of concrete; 3. Implement better signage for truck route turn at 21 Street. Seconded by Connors. Motion carried 7-0. nd Building Permit Moratorium – 32 Street Detention Basin: City Manager recommending the nd 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 nd 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 9 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 10