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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