Proof Council Min 4 15 02(lode
well: main~
, Code of Ordinances pro-
: hlbiting ~e useof skateboards
Veyances in ~gneted areas
iclentified by ~ Park and
remove the con- Recreation Advfsory
CommiSSi~ ~, upon motion
receved and filed; Ordinance
No. ~35-02 Amenclin
at ~ ,It is to be
seconded
a
voted on for passage ~t two
Council ,Meetings p~or to the
[ atwhinh it is ~0 be
ion of the public
hearing on the White Street
Reconetn~c~i0n PrOject, pre-
to amend
2. Stay with the 8'~ of corn
crate; '~, ~mplernent better
signage for truck route tarn at
21et Street. Seconded by
C0nncrs. Motion carried 7-0.
Buirding Permit Moretorium-
STATE OF IOWA
DUBUQUE COUNTY
{ SS:
CERTIFICATION OF PUBLICATION
I, TAMMY M, FELDMANN _a Billing Clerk for Woodward
Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a
newspaper of general circulation published in the City of Dubuque, County of
Dubuque and State of Iowa; hereby certify thatjthe attached notice was published
a~ said newspaper on the following dates ~l/~r~ o9.~ ~ ~3 '
, 20 O~%, , and for which the charge ~s $ ~ ....
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
day of 20
Notary Public in and
Nich01son. MOtion cmded 7
~outhwe~t Ar~edal Corridor
tion bn
Basin, upon mqtion received
and :filed. OrdinanCe No. 36-
Section
eighteen mohth
· of
Street
I ~am. Exp. FEB, 1, ZO~
at two (
~n for
tWO COURC~I
co~siderafi0n, and
the Ordinance.
Environmental Assessment -
Southwest Ar[erlal:
Southweet A~ter~al Corridor in
the amount of $59~400; corn-
n - Bell and
the
Conference
Center Bid pao~ge ~ F
Markham. MichmsK~.
Nichorson, Connors. Nays--
Buol, Cline. Motion failed due
to lack of =A vofe to waive me
rules, MarKham mevea- That
this be consideted~ the first
reading of the Ordinance.
~S~cend~d b'/- Nicholson,
C~r~ied-by tl~e* f01ibWing vote:
Yeast--Markham. Mibhalski.- Commercial Service
Connors. Nays-- Wholesale Dislrict and
Lh3b'lO,Pel~lS~i3 a
HI 1 bedroom .~tad~:ar $425
STATE OF IOWA
DUBUQUE COUNTY
the Code of Ordinances oro-
hibiting tfie use of skateboards
anct-cther non-moforiz-ed con-
Veyances in ~signated areas
identified by the Park and
Recreation Adv~rsory
CommiSsmn, upon mofion
received and flied Ordinance
No. ~5-02 Amending Section.
32-251(a) of the ~ity of
Dubuque Code of Ordinances
prohibiting the us~ of bioycles,
mctorcyctes, otc, in parks t3y
adding ~reto a prohibition on
the use of skateboards~and
other non-motorized cbn;
~uol moved that the require-
meeting at which it is ~to be
finally passed be suspended
and further ~n~ved final con-
Ordinance. Seconded by~y.r~
Markham, Motion carried 7-0.
Project: City Manager prowl
ing ~oltowup information on)hi
questions left unanswered at
the conclusion of the public
CERTIFICAT
I,_ TAMM¥ M, FELDM.
Communications, Inc., an Iowa cor!
newspaper of general circulatian 1
Dubuque and State of Iowa; hereb3
in said newspaper on the following
, 20_ O2~, ,
Subscribed to before me, a Notav
this ~--~ day
~ Dakota i
Eastern
RRatl~oad (DME) and the I & M
ail Linit be Viewed as si
- mbti0n
NiOhoL~2n moved
· _fltom ~so[~tion.
CITY OF DUBUQUE, IOWA
1 COUNCIL PROCEEDINGS '
OFFICIAL
1 At 4:45 P.M. Council met fob
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 dis-
cussing Historic Preservation
Architectural Guidelines.
Terry Mozena, Chair of the
Historic Preservation
Commission, and Chris Morris
of the Durrant Group, Inc.,
both spoke giving a presenta-
tion on the guidelines.
There being no further busi-
ness, upon motion meeting
adjourned at 6:04 P.M.
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 act-
ing upon such business which
may properly come before the
City Council.
Invocation was given by.
Reverend Judy Wadding,
i 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 Hefter; 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.
Finance Director submitting
the Financial Reports for the
month ending March 31, 2002,.
upon motion received and
filed.
Proof Qf publication of
Environmental Stewardship
Advisory Commission recom-
mending continuation of the .
deer management program for
the 2002 - 2003 hunting sea-
son and that the plan be for-
warded 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 including certain infor-
mation required by the Code
of Iowa, specifically, the num-
ber of annual installments into
which assessments are divid-
ed, the interest of all unpaid
installments, the time when the
assessments are payable and
directing the Clerk to certify
the final schedule and to pub-
lish 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
ApResolution ut onNo. roving fin al estimat209-02
Adopting preliminary schedule
of
Seconded final
b assessments.
Motion carried 7-0 Nicholson.
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 receivers nnri
suspended to allow any
present to speak.
John F. Kennedy Ro
Reconstruction Project at
Northwest Arterial: Proof
publication on notice of h
ing to consider the plans
specifications for the John
Kennedy Road Reconstructs
Project in the vicinity of t
Northwest Arterial and
Manager recommendi
approval, upon moti
received and filed.
Petition from landowners
John F. Kennedy Road stati
that sidewalks along the n
construction on John
Kennedy Road are not wa upon motion receive
and filed.
Communication fro
Dubuque Soccer Allianc the proposed plan
include sidewalks on the ea
side of John F. Kennedy Roa
as part of the reconstructio
project, upon motion receive
and filed.
Dave Unsen, 3078 John
Kennedy Rd., George Pfeiler
3150 John F. Kennedy Road
Dennis Williams, 3139 John F
Kennedy Road, Tom Pfiffner
3037 John F. Kennedy Rd. al
spoke objecting to the installa-
tion 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 consid-
er 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 motio
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.
Director ofarShalom aret JRet eat
Center, spoke outlining their
plans for their community and
this business. Sr. Marie
Therese Kalb, as Assistant
Director of Shalom, spoke of
their commitment to this min-
isas the
try. Therapist fSinnworthelast
10 years at Shalom, spoke of
their continued commitment to
mind, body and spirit healing.
Merle Pfeiler, 1010 Davis,
spoke in opposition to the zon-
ing change.
David Chatfield spoke stating
that this could be accom-
plished 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.
he
An rirriinon..e
one Markham, Michalski, of Dubuque by reclassifying
Nicholson, Connors. Nays— hereinafter described property YYeas—Markham,
as—arried a kha following ,Michalski, vote:
ad Buol, Cline. Motion failed due located north and south of the Nicholson, B oil, Connors.
the to lack of 3 vote to waive the Ice Harbor and east of Nays -Cline.
of rules. Markham moved that Highway 61/151 from ROD Duggan.Abstain
this be considered the first Redevelopment OverlayLibr
and reading of the Ordinance. District, HI Heavy Industrial Library
Library Annual Report:
irector Susan
F. Seconded by Nicholson. District, MHI Modified Heavy Henrics presenting the annu-
on Carried by the following vote: Industrial District, CS al report for Carnegie Stout
he Yeas —Markham, Michalski, Commercial Service and Public Library, upon motion
City Nicholson, Connors. Nays— Wholesale District and CR received and filed.
ng Buol, Cline. Commercial Recreation
on Mayor Duggan returned and District to PUD Planned Unit Amendment Code of Ordinance
took control of the meeting. Development District and City Manager recommending_
on Gronen Properties, LLC - adopting
ng Rezoning Request: Proof of Devloment Plan ontoptbe tl he Code of Ordnanroval of an dces pro-
w publication on notice of hear- known as the Port of Dubuque hibiting the use of skateboards
F ing to consider rezoning prop- Riverfront District, presented and other non -motorized con-
r-aerty located at 2027 and 2035 and read.
d 20th Elm Street, and 349 and 369 East Buol moved to amend the identified inances designated
then Park aand
vem 2024, Street,0322036, 02042 and ditionnance to remove the con- of the five year delay on Commission, on, upon motion
Advisory
ce 2046 Washington Street from Zone B. Seconded by Cline. received and filed. Ordinance
to R-2A Alternate Two -Family Motion carried 6-0.
st Residential District to C-2 Buol moved that the require- 32-251(a) of the AmendingSection
tiof
No. d Neighborhood Shopping ment that a n Center District at the request Ordinance be considered and prohibiting sed the use ofue Code of bicycles,
d of Gronen Properties, LLC and voted on for passage at two motorcycles, etc. in parks by
Zoning Advisory Commission Council Meetings prior to the adding thereto a prohibition on
F. recommending approval, upon meeting at which it is to be the use of skateboards and
motion received and filed. finally passed be suspended other non -motorized con -
John Gronen, 1766 Plymouth and further moved final con- veyances, presented and read.
• Ct. spoke of his plans for these sideration and passage of the Buol moved that the require -
properties.
I Ordinance, as amended. ment that a proposed
Linda Green, 427 Rhomberg, Seconded by
6-0. Nicholson. Ordinance be considered and
Tammy Walsh, 2043 Motion carried
Washington, Joe Healy of Text Amendment - Freeway Council Meetings voted on for passage at two
2586 Crissy Dr. and David 61/151 Sign Overlay District: meeting at which its is to the
Chatfield of 3739 Inwood St. Proof of publication on notice finally passed be suspended
all spoke in support of thi of hearing to consider amend- and further moved final con -
proposed rezoning and pro- ing the Freeway 61/151 Sign sideration and passage of the
ject. Overlay District (SOD)to_ Ordinanc. Seconded by
Ordinance No. 29-02 replace the SOD witthPort Markham. Motion carried 7-0.
Amending Appendix A (the of Dubuque Planned District White Street Reconstruction
of Zoning Ordinance) of the City Sign Regulations as requested Project: City Manager provid-
D Ordinances by reclassifying mue Code of ot onthe Creceivof edbuand filue, ed. quon estions left information
unanswered at
property located at the north- Ordinance No. 32-02 the conclusion of the public
east corner of Washington Amending Appendix A (the hearing on the White Street
Street and 20th Street from R- Zoning Ordinance) of the City Reconstruction Project, pre-
2A Alternate Two -Family of Dubuque Code of sented and read. Michalski
Residential District to C-2 Ordinances by amending moved to receive and file the
Neighborhood Shopping Sections 4-3.12(B) and 4-
Center District, presented and 3.12(C)(1)(a), 4-3.12(C)(1)(c) the priojectioas n o lto
ows:er1.
read. Buol moved that the and 4-3.12(C)(2)(a) of the Narrow White St. to 37 feet in
requirement that a proposed Freeway 61/151 Corridor the 22nd to 24th Street blocks;
Ordinance be considered and Signage Overlay District 2. Stay with the 8" of con -
voted on for passage at two (SOD), presented and read. crete; 3. Implement better
Council Meetings prior to the Buol moved that the require- signage for truck route turn at
meeting at which it is to be ment that a proposed 21st Street. Seconded by
finally passed be suspended Ordinance be considered and Connors. Motion carried 7-0.
and further moved final con- voted on for passage at two Building Permit Moratorium -
sideration and passage of the Council Meetings prior to the 32nd Street Detention Basin:
Ordinance. Seconded by meeting at which it is to be City Manager recommending
MRon ichalski. Motion carried 7-0. finally passed be suspended the establishgment of an 18
990 CedarKeith Cross olff - Road40 - sind erationer and passage ed final
of the umth sur surrounding the existing
Request to Rezone: Proof of Ordinance. Seconded bypermit Detention morato-
topublication on notice of hear- Nicholson. Motion carried 7- Basin, 32nd n Smotionrceived
ing to consider rezoning prop- 0.
erty located from 940 to 990 Southwest Arterial Corridor 02d AmendingdinChaepter 11
anCedar Cross Road from CS Moratorium: Proof of publica-, (Buildings
and Building
Commercial Service and tion on notice of hearing to Regulations) of the City of
Wholesale District to C-3 consider amending Sections Dubuque Code of Ordinances j
General Commercial District at 6-1.5.5 and 4-4.2 of the by adding Section 11-58.4 to
the request of Ron Malone and Zoning Ordinance and Section the City of Dubuque Code of '
Keith Wolff and Zoning 42-16 of the Subdivision Ordinances by establishing an
Advisory Commission recom- Regulations regarding a devel- eighteen month moratorium on
mending approval, upon opment moratorium in the pro- the issuance of permits for
motion received and filed. posed Southwest Arterial work in the West 32nd Street
Keith Wolff spoke in support Corridor as requested by the detention basin area, present -
of the proposed rezoning. City of Dubuque and the Iowa ed and read. Buol moved that
Ordinance No. 30-02 Department of Transportation the requirement that a pro -
Amending Appendix A(the and
Zoning Ordinance) of the it Zoning recommendingAdvidory posed andvoted
oe Ordinance be on r assa e
of Dubuque Code of denial sand communication at woered Council Meetings prior
Ordinances by reclassifying from the City Manager in sup- to the meeting at which it is to
property located at 950 Cedar port of the Southwest Arterial be final)
Cross Road from CS Corridor Moratorium, upon ed and further moved final
Commercial Service and motion received and filed. y passed be suspend -
Wholesale District to C-3 Kim Sanford spoke objecting the Orrdina ceanSeconded by
erationGeneral Commercial District, to the proposed moratorium. Nicholson. Motion carried 7-
presented and read. Buol Ordinance No. 33-02 0.
that a moved that the requirement Amending Appendix A (Zoning Environmental Assessment -
cons considered and osed Ordinance
on for Dubuque Code ofof he Ord Ordinances Manager recommending of Southwest Arterial: that
passage at two Council by amending Section 4-4.2 the City
envi-
Meetings prior to the meeting regarding site plans, and by ronmental assessment for the
at which it is to be finally amending participate in the passed be suspended and fur- regardinre on Sectiongs, to 6estab- the-5.5 amount of $59, 00thwest Arterial ridcorm-
ther moved final consideration lish a moratorium for site plan munication from Donna Smith,
and passage of the Ordinance. and rezoning applications i Chairperson of the Dubuque
Seconded by Cline. Motion the Southwest Arterial Corridor County Board of Superviso,
carrSupervisors, and Ordinance No. 34-02 advising that they have
Randy Davis - 840 Roosevelt Amending Chapter 42 approved
Street - Request to Rezone: (Subdivision Regulations) of ep participation in the
Proof of publication on nnticc +h. r`,... _.., , _
1 t 4/24
notice in the manner pre-
scribed by law. Seconded by
Buol. Motion carried 7-0.
There being no further busi-
ness, upon motion meeting
adjourned at 11:27 P.M.
Jeanne F. Schneider, CMC vWA
City Clerk
AUNTY
{ SS:
CERTIFICATION OF PUBLICATION
I, TAMMY M. FELDMANN a Billing Clerk for Woodward
Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a
newspaper of general circulation published in the City of Dubuque, County of
Dubuque and State of Iowa; hereby certify that attached notice was published
in said newspaper on the following dates A y� r I 1 ,2 9
, 20 O , and for which/ the charge is $ 3 3 C7 3
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this Q5 day of 20
4-121
Notary Public in and for Dubuque County, Iowa
MMARY K. Y6ESTERMEYER
Comileeion Number 154885
My Comm. Up. FEB. 1, 2005
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
At 4:45 P.M. Council met fob
dinner in 'the Library Rotunda.
City Council, Special
Session, April 15, 2002
Council met in Specibl
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, Development
Corporation Counsel Barry Corporation/Kirchoff Family
Lindahl. Realty, upon motion received
Absent: Council Member and filed.
Michalski. Mt. Carmel Sanitary Sewer
Mayor Duggan read the call Extension - Final Schedule of_
and stated this, is a special Assessments: City Manager
session of the City Council recommending approval of the
called for the purpose of dis- final schedule of assessments
cussing Historic Preservation for the Mt. Carmel Sanitary
Architectural Guidelines. Sewer Extension Project, upon
Terry Mozena, Chair of the motion received and filed.
Historic Preservation Buol moved adoption of
Commission, and Chris Morris Resolution No. 206-02
of the Durrant Group, Inc., Adopting the final assessment
both spoke giving a presenta-_ schedule for the Mt. Carmel-
tion on the guidelines. Sanitary Sewer Extension
There being no further busi- Project including certain tnfor-
ness, upon motion meeting matron required by the Code
adjoumed at 6:04 P.M. of Iowa, specifically, the num-
Jeanne F. Schneider, CMC ber of annual installments into
City Clerk which assessments are divid-
# # # # # # # # # # # # # # # # ed, the interest of all unpaid
# installments, the time when the
CITY OF DUBUQUE, IOWA assessments are payable and
COUNCIL PROCEEDINGS _ directing the Clerk to certify_
OFFICIAL the final schedule and to pub -
City Council, Regular lish notice thereof. Seconded
Session, April 15, 2002 by Nicholson. Motion carried
Council met in Regular 7-0.
Session at 6:30 P.M. in the Algona Street Reconstruction
Library Auditorium - Acceptance: City Manager
Present: Mayor Duggan, recommending acceptance of
Council Members Buol, Cline, the Algona Street
Connors, Markham, Michalski, Reconstruction Project in the
Nicholson, . City Manager_ final contract amount of�
Michael Van Milligen, $631,864.21 and adoption of
Corporation Counsel Barry the preliminary schedule of
Lindahl. final assessments, upon
Mayor Duggan read the call motion received and filed.
and stated this is the regular Buol moved adoption of
session of the City Council Resolution No. 207-02
called for the purpose of act- Accepting improvement;
ing upon such business which Resolution No. 208-02
may properly come before the Approving final estimate; and
City Council. _ Resolution No. 209-02..
Invocation was given by Adopting preliminary schedule
Reverend Judy Wadding, of final assessments.
Pastor, Sherrill United Seconded by Nicholson.
Methodist Church and Motion carried 7-0.
Chaplain, Hillcrest Family Iowa Department of
Services. . Economic Development:
PROCLAMATIONS: Library Communication from the Iowa
Week - April 14-20, 2002 Department of Economic
received by Library Director Development advising that the
Susan Henricks; Volunteer.. Community Economic...
Recognition Week - April Betterment Account (CEBA)
21-27, 2002 received by application for Quebecor has
Library Volunteer Coordinator been approved, upon motion
Michelle Hefter; Arbor Day - received and filed.
April 28, 2002 received by City Communication from the
Forester Steve Pregler. lowa Department of Economic
CONSENT ITEMS Development advising that the
Minutes Submitted: City City of Dubuque has been
Council of 4/1; Historic awarded a grant in an amount
Preservation Commission of.. not to exceed $202,500 from_
3/21; Human Rights the HOME Investment
Commission of 3/11; Library, Partnership Program to assist
Board of 1/24 and 2/28; in the rehabilitation of 15 rental
Zoning Advisory Commission homes in the City's north end
of 4/3; Zoning Board of neighborhood, upon motion
Adjustment of 3/28, upon received and filed.
motion received and filed. Communication from the Iowa
Finance Director submitting Department of . Economic
the Financial Reports for the Development advising that the
month ending March 31, 2002,.- City's contract for Iowa Local_
upon motion received and Housing Assistance Program
filed. funds has been amended,
Proof Gf publication of upon motion received and
Council Proceedings of filed.
3/18/02, upon motion received McAleece Park and
and filed. Recreation Complex
Substance Abuse Services Concession Agreement: City
Center Third Quarter Report Manager recommending
for Fiscal Year 2002, upon approval of the McAleece Park
motion received and filed. and Recreation Complex_
Notice of Claims/Suits: Rick- Concession Agreement with
Biedermann in estimated Baseball Dreams LLC, upon
amount of $175.91 for vehicle motion received and filed and
damage; Rick and Jean approved recommendation.
Fassbinder in estimated Pinto Ridge Subdivision -
amount of $650.11 for proper- Final Plat: City Manager rec-
ty damage; David and Robin ommending approval of a 180-
Foley in estimated amount of day extension for provision of
$778.28 for vehicle damage; security bonding for the con -
Connie Shelsky in undeter--, struction and installation of_
mined amount for personal improvements for Pinto Ridge
injury; Joe Ungs in estimated Subdivision, upon motion
amount of $93.46 for vehicle received and filed. Buol
damage, upon motion referred moved adoption of Resolution
to the Legal Staff for invgstiga- No. 210-02 Rescinding
tion and report. Resolution No. 450-01 and
Corporation Counsel advising reaffirming the final plat of
that the following claims have Pinto Ridge Subdivision in the
been referred to Public Entity City of Dubuque, Iowa.
Risk Services of Iowa, the Seconded by Nicholson...
agent for the Iowa Motion carried 7-0.
Communities Assurance Pool: Dubuque Industrial Center
Rick Fassbinder for property West - Final Plat: Zoning
damage; David M. Foley for Advisory Commission recom-
vehicle damage; Connie mending approval of the final
Shelsky for personal injury, plat of Lots H, I and J of
upon motion received and filed Dubuque Industrial Center
and concurred. West, upon motion received
Corporation Counsel recom- and filed. Buol moved adop-
mending settlement of the tion of Resolution No. 211-02..
claims of Carla Kipper in the Approving the final plat of Lots
amount of $85.44 for vehicle H, I and J of Dubuque
damage and Bemard Weber in Industrial Center West in the
the amount of $12.99 for prop- City of Dubuque, Iowa.
erty damage, upon motion Seconded by Nicholson.
received . and filed and con- Motion carried 7-0.
Dubuque Industrial Center
West Covenants: City
Manager recommending that
covenants for Dubuque_
Industrial Center West be
amended to include the indus-
trial 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 engi-
neering design services for the
new Operations and
Maintenance Department facil-
ity, upon motion received and
filed and approved recommen-
dation.
Mutual Law Enforcement
VM vyHistoric Preservation
Commission: Pamela
Bradford submitting her resig _
nation 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 neigh-
borhood.
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:
r•.......,nn,nnHnn of rsih,
Environmental Stewardship
Advisory Commission recom-
mending continuation of the_
deer management program for
the 2002 - 2003 hunting sea-
son and that the plan be for-
warded 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
suspended to allow anyone Markham, Michalski, of Dubuque by reclassifying Carried by the following vote:
present to speak. Nicholson, Connors. Nays— hereinafter described property Yeas —Markham, Michalski,
John F. Kennedy Road Buol, Cline. Motion failed due located north and south of the Nicholson, Buol, Connors.
Reconstruction Project at the to lack of 3/4 vote to waive the Ice Harbor and east of Nays -Cline. Abstain
Northwest Arterial: Proof of rules. Markham moved that Highway 61/151 from ROD Duggan.
publication on notice of hear- this be considered the first Redevelopment Overlay Library Annual Report:
ing to consider the plans and reading of the Ordinance. District, HI Heavy Industrial Library Director Susan
specifications for the John F._ Seconded by Nicholson. District, MHI Modified Heavy Henricks presenting the annu-
Kennedy Road Reconstruction Carried by the following vote: Industrial District, CS al report for Carnegie Stout
Project in the vicinity of the Yeas —Markham, Michalski,- Commercial Service and Public Library, upon motion
Northwest Arterial and City Nicholson, Connors. Nays— Wholesale District and CR received and filed.
Manager recommending Buol, Cline.
approval, upon motion Mayor Duggan returned and
received and filed. took control of the meeting.
Petition from landowners on Gronen Properties, LLC -
John F. Kennedy Road stating Rezoning Request: Proof of
that sidewalks along the new publication on notice of hear -
construction on John F.., ing to consider rezoning prop -
Kennedy Road are not war- erty located at 2027 and 2035
ranted, upon motion received Elm Street, 349 and 369 East -
and filed. 20th Street, and 2006, 2010,
Communication from 2024, 2032, 2036, 2042 and
Dubuque Soccer Alliance 2046 Washington Street from
opposing the proposed plan to R-2A Alternate Two -Family
include sidewalks on the east Residential District to C-2
side of John F. Kennedy Road Neighborhood Shopping
as part of the reconstruction Center District at the request
project, upon motion received_ of Gronen Properties, LLC and
and filed. Zoning Advisory Commission
Dave Unsen, 3078 John F. recommending approval, upon- meeting at which it is to be the use of skateboards and
Kennedy Rd., George Pfeiler, motion received and filed. finally passed be suspended other non -motorized con-
3150 John F. Kennedy Road, John Gronen, 1766 Plymouth and further moved final con-_ veyances, presented and read.
Dennis Williams, 3139 John F. Ct. spoke of his plans for these sideration and passage of the Buol moved that the require -
Kennedy Road, Tom Pfiffner, properties. Ordinance, as amended. ment that a proposed..
3037 John F. Kennedy Rd. all Linda Green, 427 Rhomberg, Seconded by Nicholson. Ordinance be considered and
spoke objecting to the installa- Tammy Walsh, 2043 Motion carried 6-0. voted on for passage at two
tion of sidewalks. Washington, Joe Healy of Text Amendment - Freeway Council Meetings prior to the
Resolution No. 214-02 2586 Crissy Dr. and David 61/151 Sign Overlay District: meeting at which it is to be
Adopting plans and specs, Chatfield of 3739 Inwood St. Proof of publication on notice finally passed be suspended
presented and read. all spoke in support of this. of hearing to consider amend- and further moved final con -
Markham moved to amend the proposed rezoning and pro- ing the Freeway 61/151 Sign sideration and passage of the
Resolution , to remove the Jett. Overlay District (SOD) to_ Ordinance. Seconded by
installation of sidewalks in this Ordinance No. 29-02 replace the SOD with the Port Markham. Motion carried 7-0.
project, though to include the Amending Appendix A (the of Dubuque Planned District White Street Reconstruction_
grading to allow for possible Zoning Ordinance) of the City Sign Regulations as requested Project: City Manager provid-
future sidewalks. Seconded of Dubuque Code of by the City of Dubuque, upon ing follow-up information on
by Nicholson. Carried by the Ordinances by reclassifying motion received and filed. questions left unanswered at
following vote: Yeas., property located at the north- Ordinance No. 32-02 the conclusion of the public
Markham, Michalski, Buol, east corner of Washington Amending Appendix A (the hearing on the White Street
Cline, Connors, Duggan. Street and 20th Street from R-,. Zoning Ordinance) of the City Reconstruction Project, pre -
Nays —Nicholson. Markham 2A Alternate Two -Family of Dubuque Code of sented and read. Michalski
moved to adopt the Residential District to C-2 Ordinances by amending_ moved to receive and file the
Resolution, as amended. Neighborhood Shopping Sections 4-3.12(B) and 4- communication and to amend
Seconded by Nicholson. Center District, presented and 3.12(C)(1)(a), 4-3.12(C)(1)(c) the project as follows: 1._
Motion carried 7-0. read. Buol moved that the and 4-3.12(C)(2)(a) of the Narrow White St. to 37 feet in
Sisters of St. Francis - 1001 requirement that a proposed Freeway 61/151 Corridor the 22nd to 24th Street blocks;
Davis Street - Rezoning Ordinance be considered and Signage Overlay District 2. Stay with the 8" of con -
Request: Proof of publication„ voted on for passage at two (SOD), presented and read. crete; 3. Implement better
on notice of hearing to consid- Council Meetings pnor to the Buol moved that the require- signage for truck route turn at
er rezoning property located at meeting at which It is to be,,.. ment that a proposed 21 st Street. Seconded by
1001 Davis Street from R-1 finally passed be suspended Ordinance be considered and Connors. Motion carried 7-0.
Single Family Residential and further moved final con -
District to OR Office sideration and passage of the
Residential District at the Ordinance. Seconded by
request of the Sisters of St. Michalski. Motion carried 7-0.
Francis and Zoning Advisory Ron Malone/Keith Wolff - 940
Commission recommending to 990 Cedar Cross Road -
approval, upon motion.. Request to Rezone: Proof of
received and filed. publication on notice of hear -
Petition from the neighbors of ing to consider rezoning prop-_
the Sisters of St. Francis erty located from 940 to 990
requesting that the zoning Cedar Cross Road from CS
remain single family, upon Commercial Service and
motion received and filed. Wholesale District to C-3
Communication from Joel General Commercial District at
and Mary Glennon stating that the request of Ron Malone and
the property of the Sisters of Keith Wolff and Zoning
St. Francis should remain R-1, Advisory Commission recom-
Commercial Recreation_ Code of Ordinance
District to PUD Planned Unit Amendment - Skateboards:
Development District and City Manager recommending_
adopting a Conceptual approval of an amendment to
Development Plan to be the Code of Ordinances pro -
known as the Port of Dubuque hibiting the use of skateboards
Riverfront District, presented and other non -motorized con -
and read. veyances in designated areas
Buol moved to amend the identified by the Park and
Ordinance to remove the con- Recreation Advisory
dition of the five year delay on.. Commission, upon motion
Zone B. Seconded by Cline. received and filed. Ordinance
Motion carried 6-0. No. 35-02 Amending Section_
Buol moved that the require- 32-251(a) of the City of
ment that a proposed Dubuque Code of Ordinances
Ordinance be considered and prohibiting the use of bicycles,
voted on for passage at two motorcycles, etc. in parks by
Council Meetings prior to the adding thereto a prohibition on
voted on for passage at two Building Permit Moratorium -
Council Meetings prior to the 32nd Street Detention Basin:
meeting at which it is to be City Manager recommending_
finally passed be suspended the establishment of an 18
and further moved final con- month building permit morato-
sideration and passage of the rium surrounding the existing
Ordinance. Seconded by West 32nd Street Detention
Nicholson. Motion carried 7- Basin, upon motion received
0. and filed. Ordinance No. 36-
Southwest Arterial Corridor 02 Amending Chapter 11
Moratorium: Proof of publica-,_ (Buildings and Building
tion on notice of hearing to Regulations) of the City of
consider amending Sections Dubuque Code of Ordinances_
6-1.5.5 and 4-4.2 of the by adding Section 11-58.4 to
Zoning Ordinance and Section the City of Dubuque Code of
42-16 of the Subdivision Ordinances by establishing an
Regulations regarding a devel- eighteen month moratorium on
Single Family, upon motion mending approval, upon opment moratorium in the pro- the issuance of permits for
received and filed. motion received and filed. posed Southwest Arterial work in the West 32nd Street
Sr. Margaret Jungers, Keith Wolff spoke in support Corridor as requested by the detention basin area, present -
Director of Shalom Retreat of the proposed rezoning. City of Dubuque and the Iowa_ ed and read. Buol moved that
Center, spoke outlining their Ordinance No. 30-02 Department of Transportation the requirement that a pro -
plans for their community and Amending Appendix A (the and Zoning Advisory posed Ordinance be consid-,
this business. Sr. Marie Zoning Ordinance) of the City Commission recommending ered and voted on for passage
Therese Kalb, as Assistant of Dubuque Code of denial and communication at two Council Meetings prior
Director of Shalom, spoke of Ordinances by reclassifying from the City Manager in sup- to the meeting at which it is to
their commitment to this min-_ property located at 950 Cedar port of the Southwest Arterial be finally passed be suspend-
istry. Sr. Judy Sinnwell, as the Cross Road from CS Corridor Moratorium, upon ed and further moved final
Massage Therapist for the last Commercial Service and_ motion received and filed. consideration and passage of
10 years at Shalom, spoke of Wholesale District to C-3 Kim Sanford spoke objecting the Ordinance. Seconded by
their continued commitment to General Commercial District, to the proposed moratorium. Nicholson. Motion carried 7-
mind, body and spirit healing. presented and read. Buol Ordinance No. 33-02 0.
Merle Pfeiler, 1010 Davis, moved that the requirement Amending Appendix A (Zoning Environmental Assessment -
spoke in opposition to the zon- that a proposed Ordinance be Ordinance) of the City of Southwest Arterial: City-
ing change. considered and voted on for Dubuque Code of Ordinances Manager recommending that
David Chatfield spoke stating passage at two Council by amending Section 4-4.2 the City participate in the envi-
that this could be accom Meetings prior to the meeting regarding site plans, and by ronmental assessment for the
plished with spot zoning. at which it is to be finally amending Section 6-1-5.5 Southwest Arterial Corridor in
Ed Kieffer, spoke objecting to passed be suspended and fur regarding rezonings, to estab- the amount of $59,400; com-
the entire rezoning, stating that ther moved final consideration lish a moratorium for site plan munication from Donna Smith,
it could be restricted to that and passage of the Ordinance. and rezoning applications in_ Chairperson of the Dubuque
address only and revert back if Seconded by Cline. Motion the Southwest Arterial Corridor County Board of Supervisors,
that business closes. carried 7-0. and Ordinance No. 34-02 advising that they have
Discussion ensued about Randy Davis - 840 Roosevelt Amending Chapter 42 approved participation in the
looking at a conditional zoning Street - Request to Rezone: (Subdivision Regulations) of environmental assessment for
basis. Proof of publication on notice the City of Dubuque Code of the Southwest Arterial Corridor
An Ordinance Amending of hearing to consider rezoning Ordinances by amending in the amount of approximate -
Appendix A (the Zoning property located at 840 Section 42-16, to establish a ly $59,400.00; and communi-
Ordinance) of the City of Roosevelt Street from R-1., moratorium for subdivision cation from DMATS support -
Dubuque Code of Ordinances Single Family Residential plats in the Southwest Arterial ing the environmental assess -
by reclassifying hereinafter District to CS Commercial Corridor, presented and read..., ment for the Southwest
described property located at Service and Wholesale District Buol moved that the require- Arterial, upon motion received
1001 Davis Street from R-1 at the request of Randy Davis; ment that the proposed and filed and approved recom--
Single Family Residential communication of Zoning Ordinances be considered and mendation.
District to OR Office High Advisory Commission recom- voted on for passage at two Monument Design - Bell and
Density Multi -Family mending denial, and commu- Council Meetings prior to the Fifth Streets: City Manager
Residential District, presented_ nication of Randy Davis meeting at which they are to recommending approval of the
and read. Buol moved to table requesting to table to 6/17/02 be finally passed be suspend- design for the monument to be
the public hearing until the Council meeting, and an,_ ed and further moved final placed at Bell and Fifth Streets
meeting of 5/6/02 with direc- Ordinance Amending consideration and passage of in the Port of Dubuque, upon
tion that Staff look at condi- Appendix A (the Zoning the Ordinances. Seconded by_ motion received and filed and
tional use rezoning for this Ordinance) of the City of Nicholson. Carried by the fol- approved recommendation for
property. Seconded by Dubuque Code of Ordinances lowing vote: Yeas —Michalski, design with no artwork and if
Nicholson. Motion carried 7-0. by reclassifying property locat- Nicholson, Buol, Cline, artwork is included it would be-
MWF Properties/Felderman ed at 840 Roosevelt Street Connors, Duggan. Nays— stationary, and that interior
Business Partnership - Amend from R-1 Single Family Markham. lighting be used.
PUD: Residential District to CS Mississippi Riverwalk and Iowa Department of
Mayor Duggan tumed control Commercial Service and Amenities Project - Award: T r a n s p o r t a t i o n:
of the meeting to Mayor Pro- Wholesale District, presented_ Proofs of publication on notice Communication from Mark
Tem Michalski due to possible and read. Markham moved to of hearing on plans and speci- Wandro, Director of the Iowa
conflict of interest. table this matter to 6/17/02. fications and notice to bidders Department of Transportation,
Proof of publication on notice Seconded by Buol. Motion on the receipt of bids, and City requesting the City to write the
of hearing to consider amend- carried 7-0. Manager recommending Surface Transportation Board-
ing the PUD Planned Unit City of Dubuque - Port of award of the contract for the (STB) urging that the potential
Development District located Dubuque Rezoning: Mississippi Riverwalk and merger of the Dakota
at the end of Raven Oaks Drive Mayor Duggan turned control Amenities Project to Portzen Minnesota and Eastern
to allow construction of 64, of the meeting to Mayor Pro Construction in the amount of Railroad (DME) and the I & M
multi -family housing units at Tem Michalski due to possible $3,472,612.50, upon motion Rail Link be viewed as signifi-
the request of MWF conflict of interest. received and filed. Nicholson cant and engage a full regula-
P r o p e r t i e s /FeIderman Proof of publication on notice moved adoption of Resolution tory process when an applica-
Business Partnership and of hearing to consider rezoning No. 215-02 Adopting plans_ tion is submitted, upon motion
Zoning Advisory Commission property from ROD and specifications for the pro- received and filed and direct
recommending approval, upon Redevelopment Overlay ject and Resolution No. 216- that a letter be sent to the STB,,;
motion received and filed. District, HI Heavy Industrial 02 Awarding contract to stressing the above viewpoint.
Communication from District, MHI Modified Heavy Portzen Construction. ITEMS TO BE SET FOR
Dominic Goodmann III, in sup- Industrial District, CS Seconded by Michalski. PUBLIC HEARING
port of the application of MWF_ Commercial Service and Motion carried 7-0. Education and Conference
Properties and Felderman Wholesale District and CR Tanzanite Drive Paving Center - Bid Package #1: City
Business Partnership to Commercial Recreation_ Project - Award: Proofs of Manager recommending initia-
amend the PUD District on District to PUD Planned Unit publication on notice of hear- tion of the bidding process for
Raven Oaks Drive, upon Development District and ing on plans and specifications... the Education and Conference
motion received and filed. adopting a Conceptual and notice to bidders on the Center Bid Package #1 Project
Steve Ulstad, Architect of the Development Plan to be receipt of bids, and City and setting a public hearing for_
proposed project, and Dave known as the Port of Dubuque Manager recommending May 20, 2002, upon motion
Steele of MWF Properties, Riverfront District at the award of the contract for the received and filed. Michalski
spoke outlining their plans for request of the City of Dubuque Tanzanite Drive Paving Project moved adoption of Resolution
this development. and Zoning Advisory to Flynn Company, Inc. in the No. 222-02 Preliminary
Robert Felderman spoke in' Commission recommending amount of $212,678.10, upon approval of plans and specifi-
favor of the project. approval, upon motion_ motion received and filed. cations; Resolution No. 223-
Erin LaFoe of 3142 Arbor received and filed. Nicholson moved adoption of 02 Fixing date of hearing on
Oaks, Jean Becker, 2672 Communication from Resolution No. 217-02_ plans and specifications for
Marywood Dr., Tara Goedkin, Corporation Counsel Barry Adopting plans and specifica- 5/20/02 at a meeting to com-
3109 Arbor Oaks, Merle Lindahl regarding the Dodds tions for the project and mence at 6:30 P.M. in the pub-_
Langkamp, W. 32nd St., River Terminals, Inc. lease with Resolution No. 218-02 lic library auditorium and that
Robert Miller, 3115 Arbor the City of Dubuque, upon Awarding contract to Flynn the City Clerk publish notice in
Oaks, Bill Brittain, 3105 Arbor motion received and filed. Company, Inc. Seconded by the manner prescribed by law
Oaks, Laura Becker, 2877 Communication from Dennis Buol. Motion carried 7-0. and Resolution No. 224-02
Arbor Hills, Ron Hickson, 2608 Dodds, President of Dodds Operations and Maintenance Ordering bids. Seconded by
Rosewood, Robert Curler, River Terminals, Inc., in oppo Department Roof Repair Buol. Motion carried 7-0.
2674 Marywood, Rod sition to the proposed rezon- Project - Award: Proofs of Interstate Power and Light
Tokheim, 2999 Olde Country ing of the Port of Dubuque and publication on notice of hear- Company - Development
Lane, John Herrig, all spoke adoption of the Conceptual ing on plans and specifications- Agreement: City Manager rec-
objecting to the proposed pro- Development Plan, upon and notice to bidders on the ommending that a public hear-
•__. .a .-�•_- .....�... ..........1 .._.1 i'.I....I ......I..4. -4 I.i.4.. n...1 r`i4., ,nn tie e.n+ fn. RAo„ R 7f1f1.) 1,...—
notice
Communicatia
newspaper of
Dubuque and
in said newspt
Subscribed 1
this ��-
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 Hefter; 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.
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.
Substange 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 proper-
ty damage; David and Robin
Foley in estimated amount of
$778.28 for vehicle damage;
Connie Shelsky in undeter-
mined amount for personal
injury; Joe Ungs in estimated
amount of $93.46 for vehicle
damage, upon motion referred
to the Legal Staff for investiga-
tion 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 recom-
mending settlement of the
claims of Carla Kipper in the
amount of $85.44 for vehicle
damage and Bemard Weber in
the amount of $12.99 for prop-
erty damage, upon motion
received , and filed and con-
curred.
Historic Preservation
Commission: Pamela
Bradford submitting her resig
nation 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 neigh-
borhood.
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 commu-
nities, upon motion received
and filed and approved.
Communication of City
Manager Michael C. Van
Milligen to area legislators urg-
ing 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:
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 rec-
ommending approval of a 180-
day extension for provision of
security bonding for the con-
struction and installation o
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 recom-
mending approval of the final
plat of Lots H, I and J of
Dubuque Industrial Center
West, upon motion received
and filed. Buol moved adop-
tion 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 indus-
trial 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 o
Robert M. Kueny Architect to
provide architectural and engi-
neering design services for the
new Operations and
Maintenance Department facil-
ity, upon motion received and
filed and approved recommen-
dation.
Mutual Law Enforcement
Agreement and Mutual Dru.
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 an.
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 Licens-
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
ulreoior oT Jnalom rie[reai
Center, spoke outlining their
plans for their community and
this business. Sr. Marie
Therese Kalb, as Assistant
Director of Shalom, spoke of
their commitment to this min-
istry. 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 zon-
ing change.
David Chatfield spoke stating
that this could be accom-
plished 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 Amendin•
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, presente.
and read. Buol moved to table
the public hearing until the
meeting of 5/6/02 with direc-
tion that Staff look at condi-
tional use rezoning for this
property. Seconded by
Nicholson. Motion carried 7-0.
MWF Properties/Felderman
Business Partnership - Amend
PUD:
Mayor Duggan tumed control
of the meeting to Mayor Pro-
Tem Michalski due to possible
conflict of interest.
Proof of publication on notice
of hearing to consider amend-
ing 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 sup-
port 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 Oaks, Merle
Langkamp, W. 32nd 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 pro-
ject, 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 pro-
ject. Janet Walker, Assistant
Housing Director, spoke
explaining there are 250 appli-
cants 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 pro-
posed Ordinance be consid-
ered and voted on for passage
at two Council Meetings prior
to the meeting at which it is to
be finally passed be suspend-
ed and further moved final
consideration and. passage of
the Ordinance. Yeconded by
Connors. Vote on the motion
was as follows: Yeas--
CM ❑re prupuseu recormry.
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 an•
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 fur-
ther 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 recom-
mending denial, and commu-
nication of Randy Davis
requesting to table to 6/17/02
Council meeting, and a
Ordinance Amending
Appendix A (the Zoning
Ordinance) of the City of
Dubuque Code of Ordinances
by reclassifying property locat-
ed 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 Recreatio
District to 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 oppo-
sition to the proposed rezon-
ing 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 repre-
sentative of six businesses,
spoke about concerns with
Zone B and objecting to th-
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 post-
ponement for five years.
Mark Molo of Molo Oil Co.
objected to the proposed
rezoningand requested post-
ponement 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 clari-
fying 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
ui vuuuyuv anu U
Department of Transportation
and Zoning Advisory
Commission recommending
denial and communication
from the City Manager in sup-
port 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 estab-
lish a moratorium for site plan
and rezoning applications i
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 require-
ment 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 suspend-
ed and further moved final
consideration and passage of
the Ordinances. Seconded by
Nicholson. Carried by the fol-
lowing 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 speci-
fications and notice to bidders
on the receipt of bids, and City
Manager recommending
award of the contract for the
Mississippi Riverwaik 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. 215-02 Adopting plans
and specifications for the pro-
ject 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 hear-
ing on plans and specification
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. 217-0
Adopting plans and specifica-
tions 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 hear-
ing 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 specifica-
tions 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 meet-
ing. The motion at that meet-
ing was to receive and file the
request and refer the matter to
staff.) City Manager providing
additional information regard-
ing the Raven Oaks proposal,
upon motion received and
filed. Michalski moved adop-
tion of Resolution No. 221-02
Resolution of Support for the
development of a rental hous-
ing project to be known as
Raven Hills Apartments.
Seconded by Connors.
the requirement that a pro-
posed Ordinance be consid-
ered and voted on for passage
at two Council Meetings prior
to the meeting at which it is to
be finally passed be suspend-
ed and further moved final
consideration and passage of
the Ordinance. Seconded by
Nicholson. Motion carried 7-
0.
Environmental Assessment -
Southwest Arterial: City
Manager recommending that
the City participate in the envi-
ronmental assessment for the
Southwest Arterial Corridor in
the amount of $59,400; com-
munication 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 approximate-
ly $59,400.00; and communi-
cation from DMATS support-
ing the environmental assess-
ment for the Southwest
Arterial, upon motion received
and filed and approved recom =.
mendation.
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 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 signifi-
cant and engage a full regula-
tory process when an applica-
tion 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 initia-
tion 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 specifi-
cations; Resolution No. 223-
02 Fixing date of hearing on
plans and specifications for
5/20/02 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. 224-02
Ordering bids. Seconded by
Buol. Motion carried 7-0.
Interstate Power and Light
Company - Development
Agreement: City Manager rec-
ommending that a public hear-
ing 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 pre-
scribed 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 pub;.
lic 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