Proof Council Minutes 2 17 03 OFFICIAL
City Council, Regular Session,
Council met in Regular
Session, 6:30 P.M:, Ubrary
Auditorium
Present: Mayor Pm-Tern Buol,
Council Members Cline,
Connors, Markharn~ Michalski,
Nicholson, City Manager
Michael= Van Milligen,
Corporation Counsel Barry
Absent: Mayor Duggan,
Mayor Pro-Tern Buol mad the
call and stated this is a regular
session of the City Council
called for the purp(~e of dis-
cussing such matters which
may propedy come before the
City Council
o~¢ P~at~/ of Grar~f~wew
CONSENT ITEMS
Minutes Submitted: Airport
~3mmission of 1/31; Cable TV
Development Advi~/9~
CommiSSion of
Cor~em~ce Board of 3/4/02;
Committee of the Long Range
2/10; Five Flage Commission of
12/16 Housing Commission
Trust Fund Corem ttee of 1/23
and 1/28; Human Rights
Commission of 1/8 (Modified)
and 2/5; Zoning Board of
Adjustment of 1/23, upon
motion received and filed
Proof of publication of City
Council Proceedings of 1/20,
upon motion received and ~d-
the City of Dubuque Financial
received er~ filed.
Notice of ClaimsJSUits: Janice
i E H0err~r vs, Merlin E.
i Wagner and City of Dubuque
for personal in ury Rofence
~Siefker for perSOnal injury;
vehicle damage; Raymond
Worden for personal injury,
upon motion referred to the
Logo/St~ff for investigation end
~J Cdss for propel
ty damage, upon motion
received and filed and con;
curtal and Finance Director to
issue proper check.
C}tizen Communications:
Communic~0n frOm Tri-State !
referred to the
Manage~.
Communication frOm Tom
and Rebecca Leclem regardL
lng their property at 1195
Thomas place, updn motion
received and itlf~d end referred~
to the Ci{y Manager.
Anti-War ReSolution:
communication from Fabian
Yaklin requesting the City
Council to pass an anti-war
resolution, upon motion
received and filed,
f Economic
Communication
and:, Car~eGraph
Bunker Hili Golf cOUrSe
Management Agreement: City,
(George St~ed) for the i
~ co~,orS.,Me~en oant~d ~!
n 'DF
eq~ pu~u~
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session,
February 17, 2003
Council met in Regular
Session, 6:30 P.M., Library
Auditorium
Present: Mayor Pro-Tem Buol,
Council Members Cline,
Connors, Markham, Michalski,
Nicholson, City Manager
Michael Van Milligen,
Corporation Counsel Barry
Lindahl.
Absent: Mayor Duggan.
Mayor Pro-Tem Buol read the
call and stated this is a regular
session of the City Council
;alied for the purpose of dis-
:ussing such matters which
may properly come before the
City Council.
Invocation was given by
Reverend Doctor James
Dotson, Pastor 'of Grandview
Avenue United Methodist
Church.
CONSENT ITEMS
Minutes Submitted: Airport
Commission of 1/31; Cable TV
Teleprogramming Commission
of 1/7; City Council of 2/3, 2/5
and 2/10; Civil Service of
12/23; Community
Development Advisory
Commission of 1/9;
Conference Board of 3/4/02;
Downtown Planning
Committee of the Long Range
Planning Advisory Commission
of 1/13; Electrical Board of
2/10; Five Flags Commission of
12/16; Housing Commission
Trust Fund Committee of 1/23
and 1/28; Human Rights
Commission of 12/9; Park and
Recreation Commission of
2/11; Zoning Advisory
Commission of 1/8 (Modified)
and 2/5; Zoning Board of
Adjustment of 1/23, upon
motion received and filed.
Proof of publication of City
Council Proceedings of 1/20,
upon motion received and filed.
Finance Director submitting
the City of Dubuque Financial
Reports for the month ending
January 31, 2003, upon motion
received and filed.
Notice of Claims/Suits: Janice
E. Hoerner vs. Merlin E.
Wagner and City of Dubuque
for personal injury; Florence J.
Siefker for personal injury;
Thomas Weidenbacher for
vehicle damage; Raymond
Worden for personal injury,
upon motion referred to the
Legal Staff for investigation and
report.
Corporation Counsel advising
that the following claims have
been referred to Public Entity
Risk Services of Iowa, the
agent for the Iowa
Communities Assurance Pool:
Tim Bushman for property
damage; Brooke Gassman for
vehicle damage; and Florence
J. Siefker for personal injury,
upon motion received and filed
and concurred.
Corporation Counsel recom-
mending settlement of the
claim of Mary Criss for proper-
ty damage, upon motion
received and filed and con-
curred and Finance Director to
issue proper check.
Citizen Communications:
Bunker Hill Golf Course I Company, and Busted LITt; ,vmenaing Nppenalx n Wit! IeLiW1e111eI 1L LI IQ a N vywcud
Management Agreement: City lass "B" Wine Permit to Hartig
Manager recommending ug #4; and Class "E" Liquor
approval of a management License to Hartig Drug #4.
agreement with G.M.S., Inc. Seconded by Connors. Motion
(George Stephenson) for the carried 6-0.
Bunker Hill Golf Course for the i BOARDS/COMMISSIONS
period beginning March 1, Applicants are invited to
2003 and ending November 30, address the Council regarding
2003, upon motion received their desire to serve on the Pol-
and filed and approved agree- lowing Commission:
ment. Community Development
Special Assessment Fund Advisory Commission (Three
Balance: City Manager
requesting authorization to
transfer excess Special
Assessment Funds to the
Street Construction Fund to
support street construction
projects, upon motion received
and filed. Michalski moved
adoption of Resolution No. 46-
03 Authorizing the transfer of
excess special assessment
funds to the Street
Construction Fund. Seconded
by Connors. Motion carried 6-
0.
unexpired 3-year terms for
Census Tracts 2, 3 and 4; One
3-year term for Census Tract 1
to expire 2/15/06 - Term of
lsenhart): Applicant: Chuck
Isenhart. No one spoke.
PUBLIC HEARINGS
ARC Design Resources, Inc./
JMC Gold Medal Meat, Inc.:
Communication from Joseph
R. Altenhoff, ARC Design
Resources, Inc., on behalf of
Wal-Mart Stores, Inc. request-
ing Council withdraw the appli-
cation to rezone the property at
16th and Sycamore Streets;
City Manager submitting a
communication to Joseph
Altenhoff of ARC Design
regarding possible source of
funds to assist in demolition/
cleanup of the Smithfield prop-
erty; Proof of publication on
notice of hearing to consider a
request from ARC Design
Resources, Inc./ JMC Gold
Medal Meat, Inc. to rezone
property located at 16th and
Sycamore Streets from HI
Heavy Industrial District to PUD
Planned Unit Development with
a PC Planned Commercial des-
ignation to allow a Wal-Mart
Super Center and Zoning
Advisory Commission recom-
mending denial, and an
Ordinance Amending
Appendix A (the Zoning
Ordinance) of the City of
Dubuque Code of Ordinances
by reclassifying hereinafter
described property located
along 16th Street from HI
Heavy Industrial District to PUD
Planned Unit Development
District with a PC Planned
Commercial designation and
adopting a conceptual devel-
opment plan, with conditions,
for Wal-Mart Stores, Inc., pre-
sented and read. Nicholson
moved to accept the request to
withdraw the application.
Seconded by Cline. Motion
carried 6-0.
Highway 61/151 and Highway
52 - Request to Rezone:
Communication from Daniel J.
Mueller requesting that Council
not take action on the rezoning
request and refer the matter to
the Zoning Advisory
Commission, proof of publica-
tion on notice of hearing to
consider a request from Dan
Mueller to rezone property
located south of Highway
61/151 and Highway 52 (Lot 1
of Key Gate Center No. 2) from
PR Planned Residential District
to PI Planned Industrial District
to allow for the location of a
batch mix plant and Zoning
Advisory Commission recom-
mending denial, and an
Ordinance Amending Appendix
A (the Zoning Ordinance) of the
City of Dubuque Code of
Ordinances by reclassifying
hereinafter described property
located along U.S. Highway 52
east of U.S. Highway 61/151
from PUD Planned Unit
Development District with a PR
Communication from Tri-State 1 2 Planned Residential District to
Towing and Recovery regard- Winner Place to facilitate the PUD Planned Unit
ing the City's towing policy, sale of a building located at Development District with a PI
upon motion received and filed 25/27 West 15th Street, as Planned Industrial designation
and referred to the City requested by Delbert and and adopting a conceptual
Manager. Sharon Winner, upon motion development plan with condi-
received and filed. Michalski tions, presented and read.
moved adoption of Resolution Michalski moved to refer this
No. 49-03 Approving the Plat of matter back to the Zoning
Survey of Lots 1 and 2 of Advisory Commission. Commission recommending
Winner Place. Seconded by Seconded by Cline. Motion approval, upon motion
Connors. Motion carried 6-0. carried 6-0. w received and filed.
Survey of Lots andof
Design Contract - US 20
Intersection Improvements:
City Manager recommending
approval of a project agree-
ment with the firm of Howard R.
Green relating to the continued
development of the design
phase for the US 20
Intersection Improvement
Project, upon motion received
and filed and approved agree-
ment.
Legislative Correspondence:
Communications to State
Representative Pam Jochum
and State Senator Mike
Connolly requesting their
opposition to HSB 46 and SSB
1037 relating to a municipality's
ability to pursue and maintain
telecommunication utilities,
upon motion received and filed.
Coast Guard Marine Security
Measures: City Manager trans-
mitting information in response
to the Coat Guard Marine
Security Regulations and com-
ments regarding key areas that
might impact the City and com-
munity projects, upon motion
received and filed and
approved.
Urban Revitalization/ Tax
Exemption Applications: City
Manager recommending
approval of the eligible
Calendar Year 2003 Urban
Revitalization Applications,
upon motion received and filed.
Michalski moved adoption of
Resolution No. 47-03
Approving residential property
tax exemption applications
submitted by property owners
in recognized urban revitaliza-
tion areas and authorizing the
transmittal of the approved
applications to the City Tax
Assessor. Seconded by
Connors. Motion carried 6-0.
Martin Addition - Plat of
Survey: Zoning Advisory
Commission recommending
approval of the Plat of Survey
of Martin Addition to allow for
the subdivision of an existing
parcel of land into five lots as
requested by William Burger,
upon motion received and filed.
Michalski moved adoption of
Resolution No. 48-03
Approving the Plat of Survey of
Martin Addition in the County of
Dubuque, Iowa. Seconded by
Connors. Motion carried 6-0.
Winner Place - Plat of Survey
of Lots 1 and 2: Zoning
Advisory Commission recom-
mending approval of the plat of
Communication from Tom
and Rebecca LeClere regard-
ing their property at 1195
Thomas Place, upon motion
received and filed and referred
to the City Manager.
Zoning Ordinance) of the City OrdoldlI a be considered an
of Dubuque Code of voted on for passage at two
Ordinances by reclassifying Council Meetings prior to the
hereinafter described property meeting at which it is to be
located at 2800 Rhomberg finally passed be suspended
Avenue from CR Commercial and further moved final consid-
Recreation District to PUD eration and passage of the
Planned Unit Development Ordinance. Seconded by
District with a PR Planned Nicholson. Motion carried 6-0.
Residential District Designation Mississippi River Discovery
and adopting a conceptual Center Wetland - Site Package
development plan with condi- Interior Walkways Project:
Proofs of publication on notice
of hearing on plans and specifi-
cations and notice to bidders
on the receipt of bids, and City
Manager recommending award
of Contract #3 - Plumbing to
Portzen Construction in the
amount of $11,100 and
Contract #4 - Electrical (includ-
ing the alternate) to Paulson
Electric Company in the
amount of $29,238; and rejec-
tion of Contract #1 - Wood
Piers and Decking and
Contract #2 - Wood Framing
and Railings, upon motion
received and filed. Cline moved
adoption of Resolution No. 52-
03 Adopting plans and specifi-
cations for the Mississippi River
Discovery Center Wetland -
Site Package Interior Walkways
Project (Contract 1 - Wood
Piers and Decking, Contract 2 -
Wood Framing and Railings,
Contract 3 - Plumbing,
Contract 4 - Electrical);
Resolution No. 53-03 Awarding
certain contracts for the
Mississippi River Discovery
Center Wetland - Site Package
II Interior Walkways Project and
rejecting the remaining con-
struction contract bid propos
als; Resolution No. 54-031
tions, presented and read.
Michalski moved that this item
be withdrawn from the Agenda.
Seconded by Connors. Motion
carried 6-0.
Upon motion the rules were
suspended to allow anyone
present to speak.
3300 Nightengale Lane -
Request to Rezone: Proof of
publication on notice of hearing
to consider a request from
Patrick and Patricia Kennedy to
rezone property located south
of Nightengale Lane from R-lc
Single -Family Residential, with
conditions, to R-1 Single -
Family Residential District and
Zoning Advisory Commission
recommending approval, upon
motion received and filed.
Attorney Joe Bitter, represent-
ing the Kennedy's, spoke in
support of this rezoning.
Ordinance No. 4-03 Amending
Appendix A (the Zoning
Ordinance) of the City of
Dubuque Code of Ordinances
by reclassifying hereinafter
described property located
south of Nightengale Lane from
R-1 Single -Family Residential
District, with conditions, to R-1
Single -Family Residential
District, presented and read.
Michalski moved that the
requirement that a proposed
Ordinance be considered and
voted on for passage at two
Council Meetings prior to the
meeting at which it is to be
finally passed be suspended
and further moved final consid-
eration and passage of the
Ordinance. Seconded by
Nicholson. Motion carried 6-0.
1205 Cleveland Avenue -
Request to Rezone: Proof of
publication on notice of hearing
to consider a request from
Doug and Marie Colin to rezone
property located at 1205
Cleveland Avenue from R-2
Two -Family Residential District
to C-1 Neighborhood
Commercial District and
Zoning Advisory Commission
recommending approval, upon
motion received and filed.
Marie Colin spoke in support
of the requested rezoning.
Ordinance No. 5-03 Amending
Appendix A (the Zoning
Ordinance) of the City of
Dubuque Code of Ordinances
by reclassifying hereinafter
described property located at
1205 Cleveland Avenue from
R-2 Two -Family Residential
Zoning District to C-1
Neighborhood Commercial
Zoning District, presented and
read. Michalski moved that the
requirement that a proposed
Ordinance be considered and
voted on for passage at two
Council Meetings prior to the
meeting at which it is to be
finally passed be suspended
and further moved final consid-
eration and passage of the
Ordinance. Seconded by
Nicholson. Motion carried 6-0.
3925 Dodge Street - PUD
Amendment: Proof of publica-
tion on notice of hearing to
consider a request from Tom
Luksetich and Steve Smith to
amend the PUD Planned Unit
Development District at 3925
Dodge to allow construction of
a new 44,287 square foot build-
ing and Zoning Advisory
Ordering bids for the
Mississippi River Discovery
Center Wetland - Site Package
Interior Walkways Project
(Contract 1 - Wood Piers and
Decking and Contract 2 -
Wood Framing). Seconded by
Connors. Motion carried 6-0.
Upon motion the rules were
reinstated limiting discussion to
the Council.
ACTION ITEMS
2004 National Alliance of
Preservation Commission
(NAPC): Communication from
the Historic Preservation
Commission requesting the
City- Council submit a letter of
support for the City to host the
2004 National Alliance of
Preservation Commission,
upon motion received and filed
and approved letter of support.
National League of Cities:
Communications from the Iowa
League of Cities appointing
-Council Member Ann Michalski
to serve as one of Iowa's repre-
sentatives on the Human
Development Policy
Committee of the National
League of Cities, upon motion
received and filed.
COUNCIL MEMBER
REPORTS
Michalski stated that the trip
of City leaders to Washington,
D.C. was very positive. Cline
requested that City Staff look at
the creation of a Bluff Land
Overlay District in regard to the
possible rezoning of riverfront
properties. Markham, Buol,
Michalski and Connors said
they were open to information.
At 7:15 P.M. upon motion it
was resolved to go into Closed
Session - Pending Litigation -
Chapter 21.5(1)(c) 2001 Code
of Iowa.
At 7:31 P.M. Council recon-
vened Regular Session stating
that staff had been given prop-
er direction.
There being no further busi-
ness, upon motion. meeting
I adjourned at 7:32 P.M.
/s/ Jeanne F. Schneider, CMC
City Clerk
1t 2/26
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Sherri A. Yutzy, a Billing Clerk for Woodward Communications, Inc., an Iowa
corporation, publisher of the Telegraph Herald,a newspaper of general circulation
published in the City of Dubuque, County of Dubuque and State of Iowa; hereby
certify that the attached notice was published in said newspaper on the following
dates: February 26, 2003, and for which the charge is $169.19.
Subscribed to before me, a No ary Public in and for Dubuque County, Iowa,
this . 2 7a day of , 20 O3
Notary Public in and for Dubuque County, Iowa.
, MAi't' K. WESTERMEYER
Commission Number 154885
w My Comm. Exp. FEB. 1, 2005
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session,
February 17, 2003
Council met in Regular
Session, 6:30 P.M., Library
Auditorium
Present: Mayor Pro-Tem Buol,
Council Members Cline,
Connors, Markham, Michalski,
Nicholson, City Manager
Michael Van Milligen,
Corporation Counsel Barry
Lindahl.
Absent: Mayor Duggan.
Mayor Pro-Tem Buol read the
call and stated this is a regular
session of the City Council
called for the purpose of dis-
cussing such matters which
may properly come before the
City Council.
Invocation was given by
Reverend Doctor James
Anti -War Resolution:
Communication from Fabian
Yaklin requesting the City
Council to pass an anti -war
resolution, upon motion
received and filed.
Iowa Department of Economic
Development: Communication
from the lowa Department of
Economic Development advis-
ing that the CEBA contract with
the City and CarteGraph
Systems, Inc. has been suc-
cessfully completed and the
employment goals fulfilled,
} upon motion received and filed.
Rhodes (Bud) Isenhart, 8908
Quail Ridge Road, spoke
requesting an annual account-
ing of newly created jobs in TIF
districts.
Bunker Hill Golf Course
Management Agreement: City
Manager recommending
approval of a management
agreement with G.M.S., Inc.
(George Stephenson) for the
Bunker Hill Golf Course for the
period beginning March 1,
2003 and ending November 30,
2003, upon motion received
and filed and approved agree-
ment.
Special Assessment Fund
Balance: City Manager
requesting authorization to
transfer excess Special
Assessment Funds to the
Street Construction Fund to
support street construction
projects, upon motion received
and filed. Michalski moved
adoption of Resolution No. 46-
03 Authorizing the transfer of
excess special assessment
funds to the Street
Construction Fund. Seconded
by Connors. Motion carried 6-
0.
Dotson, Pastor'of Grand/iew
Avenue United Methodist
Church.
CONSENT ITEMS
Minutes Submitted: Airport
Commission of 1/31; Cable TV
Teleprogramming Commission
of 1/7; City Council of 2/3, 2/5
and 2/10; Civil Service of
12/23; Community
Development Advisory
Commission of 1/9;
Conference Board of 3/4/02;
Downtown Planning
Committee of the Long Range
Planning Advisory Commission
of 1/13; Electrical Board of
2/10; Five Flags Commission of
12/16; Housing Commission
Trust Fund Committee of 1/23
and 1/28; Human Rights
Commission of 12/9; Park and
Recreation Commission of
2/11; Zoning Advisory
Commission of 1/8 (Modified)
and 2/5; Zoning Board of
Adjustment of 1/23, upon
motion received and filed.
Proof of publication of City
Council Proceedings of 1/20,
upon motion received and filed.
Finance Director submitting
the City of Dubuque Financial
Reports for the month ending
January31,200
3, up
on motion
receivd and filed. p
Notice of Claims/Suits: Janice
E. Hoerner vs. Merlin E.
Wagner and City of Dubuque
for personal injury; Florence J.
Siefker for personal injury;
Thomas Weidenbacher for
vehicle damage; Raymond
Worden for personal injury,
upon motion referred to the
Legal Staff for investigation and
report.
Corporation Counsel advising
that the following claims have
been referred to Public Entity
Risk Services of Iowa, the
agent for the Iowa
Communities Assurance Pool:
Tim Bushman for property
damage; Brooke Gassman for
vehicle damage; and Florence
J. Siefker for personal injury,
Design Contract - US 20
Intersection Improvements:
City Manager recommending
approval of a project agree-
ment with the firm of Howard R.
Green relating to the continued
development of the design
phase for the US 20
Intersection Improvement
Project, upon motion received
and filed and approved agree-
ment.
Legislative Correspondence:
Communications to State
Representative Pam Jochum
and State Senator Mike
Connolly requesting their
opposition to HSB 46 and SSB
1037 relating to a municipality's
ability to pursue and maintain
telecommunication utilities,
upon motion received and filed.
Coast Guard Marine Security
Measures: City Mareger trans-
mitting information in response
to the Coat Guard Marine
Security Regulations and com-
ments regarding key areas that
might impact the City and com-
munity projects, upon motion
received and filed and
approved.
Urban Revitalization/ Tax
Exemption Applications: City
Manager recommending
approval of the eligible
Calendar Year 2003 Urban
Revitalization Applications,
upon motion received and filed.
Michalski moved adoption of
Resolution No. 47-03
Approving residential property
tax exemption applications
submitted by property owners
in recognized urban revitaliza-
tion areas and authorizing the
transmittal of the approved
applications to the City Tax
Assessor. Seconded by
Connors. Motion carried 6-0.
Martin Addition - Plat of
Survey: Zoning Advisory
Commission recommending
approval of the Plat of Survey
of Martin Addition to allow for
the subdivision of an existing
parcel of land into five lots as
requested by William Burger,
upon motion received and filed.
Amendments to Federal
Legislative Issues: City
Manager submitting two
amendments to the City's
Federal Legislative Issues,
upon motion received and filed
and approved submission of
amendments.
Business Licenses: Michalski
moved adoption of Resolution
No. 50-03 Granting the
Issuance of a Class "C" Beer
Permit to Hartig Drug, Clark
Retail, Lee's 76 West Locust
Mart, Dubuque Discount Gas,
and Big 10 Mart and Resolution
No. 51-03 Granting the
issuance of a Class "C" Beer/
Liquor License to
Hammerheads Bar and
Billiards, Cue Master Billiards,
Tony's Place, Dubuque Mining
Company, and Busted Lift;
glass "B" Wine Permit to Hartig
Mug #4; and Class "E" Liquor
License to Hartig Drug #4.
Seconded by Connors. Motion
carried 6-0.
BOARDS/COMMISSIONS
Applicants are invited to
address the Council regarding
their desire to serve on the fol-
lowing Commission:
Community Development
Advisory Commission (Three
unexpired 3-year terms for
Census Tracts 2, 3 and 4; One
3-year term for Census Tract 1
to expire 2/15/06 - Term of
Isenhart): Applicant: Chuck
Isenhart. No one spoke.
PUBLIC HEARINGS
ARC Design Resources, Inc./
JMC Gold Medal Meat, Inc.:
Communication from Joseph
R. Altenhoff, ARC Design
Resources, Inc., on behalf of
Wal-Mart Stores, Inc. request-
ing Council withdraw the appli-
cation to rezone the property at
16th and Sycamore Streets;
City Manager submitting a
communication to Joseph
Altenhoff of ARC Design
regarding possible source of
funds to assist in demolition/
cleanup of the Smithfield prop-
erty; Proof of publication on
notice of hearing to consider a
request from ARC Design
Resources, Inc./ JMC Gold
Medal Meat, Inc. to rezone
property located at 16th and
Sycamore Streets from HI
Heavy Industrial District to PUD
Planned Unit Development with
a PC Planned Commercial des-
ignation to allow a Wal-Mart
Super Center and Zoning
Advisory Commission recom-
mending denial, and an
Ordinance Amending
Appendix A (the Zoning
Ordinance) of the City of
Dubuque Code of Ordinances
by reclassifying hereinafter
described property located
along 16th Street from HI
Heavy Industrial District to PUD
Planned Unit Development
District with a PC Planned
Commercial designation and
adopting a conceptual devel-
opment plan, with conditions,
for Wal-Mart Stores, Inc., pre-
sented and read. Nicholson
moved to accept the request to
withdraw the application.
Seconded by Cline. Motion
carried 6-0.
Highway 61/151 and Highway
.52 - Request to Rezone:
Communication from Daniel J.
Mueller requesting that Council
not take action on the rezoning
request and refer the matter to
the Zoning Advisory
Commissioh, proof of publica-
tion on notice of hearing to
consider a request from Dan
Mueller to rezone property
located south of Highway
61/151 and Highway 52 (Lot 1
of Key Gate Center No. 2) from
PR Planned Residential District
to PI Planned Industrial District
to allow for the location of a
batch mix plant and Zoning
Advisory Commission recom-
Eagle Villa - 2800 Rhomberg
Avenue - Request to Rezone:
Communication from A.J.
Spiegel withdrawing his
request to rezone property at
2800 Rhomberg Ave.; Proof of
publication on notice of hearing
to consider a request from
Stott. 'and 'Associates/ A.J.
Spiegel to rezone property
located at 2800 Rhomberg
Avenue from CR Commercial
Recreation District to PUD
Planned Unit. Development
District with a PR Planned
Residential zoning designation
and Zoning Advisory
Commission recommending
denial, and an Ordinance
Amending Appendix A (the
Zoning Ordinance) of the City
of Dubuque Code of
Ordinances by reclassifying
hereinafter described property
located at 2800 Rhomberg
Avenue from CR Commercial
Recreation District to PUD
Planned Unit Development
District with a PR Planned
Residential District Designation
and adopting a conceptual
development plan with condi-
tions, presented and read.
Michalski moved that this item
be withdrawn from the Agenda.
Seconded by Connors. Motion
carried 6-0.
Upon motion the rules were
suspended to allow anyone
present to speak.
3300 Nightengale Lane -
Request to Rezone: Proof of
publication on notice of hearing
to consider a request from
Patrick and Patricia Kennedy to
rezone property located south
of Nightengale Lane from R-lc
Single -Family Residential, with
conditions, to R-1 Single -
Family Residential District and
Zoning Advisory Commission
recommending approval, upon
motion received and filed.
Attorney Joe Bitter, represent-
ing the Kennedy's, spoke in
support of this rezoning.
Ordinance No. 4-03 Amending
Appendix A (the Zoning
Ordinance) of the City of
Dubuque Code of Ordinances
by reclassifying hereinafter
described property located
south of Nightengale Lane from
R-1 'Single -Family Residential
District, with conditions, to R-1
Single -Family Residential
District, presented and read.
Michalski moved that the
requirement that a proposed
Ordinance be considered and
voted on for passage at two
Council Meetings prior to the
meeting at which it is to be
finally passed be suspended
and further moved final consid-
eration and passage of the
Ordinance. Seconded by
Nicholson. Motion carried 6-0.
1205 Cleveland Avenue -
Request to Rezone: Proof of
publication on notice of hearing
to consider a request from
Doug and Marie Colin to rezone
property located at 1205
Cleveland Avenue from R-2
Two -Family Residential District
to C-1 Neighborhood
Commercial District and
Zoning Advisory Commission
recommending approval, upon
motion received and filed.
Marie Colin spoke in support
of the requested rezoning.
Ordinance No. 5-03 Amending
Appendix A (the Zoning
Ordinance) of the City of
Dubuque Code of Ordinances
by reclassifying hereinafter
described property located at
1205 Cleveland Avenue from
R-2 Two -Family Residential
Zoning District ' to C-1
Neighborhood Commercial
Zoning District, presented and
read. Michalski moved that the
requirement that a proposed
Tom Luksetich spoke stating
this is another step in the
development. of Menard's
Store.
Ordinance No. 6-03 Amending
Appendix A (the Zoning
Ordinance) of the City of
Dubuque Code of Ordinances
by providing for the amend-
ment of Ordinance 67-02,
which adopted regulations for
the PUD Planned Unit
Development with a PC
Planned Commercial
Designation for 3925 Dodge
Street, presented and read.
Markham moved that the
requirement that a proposed
Ordinance be considered and
voted on for passage at two
Council Meetings prior to the
meeting at which it is to be
finally passed be suspended
and further moved final consid-
eration and passage of the
Ordinance. Seconded by
Nicholson. Motion carried 6-0.
Mississippi River Discovery
Center Wetland - Site Package
Interior Walkways Project:
Proofs of publication on notice
of hearing on plans and specifi-
cations and notice to bidders
on the receipt of bids, and City
Manager recommending award
of Contract #3 - Plumbing to
Portzen Construction in the
amount of $11,100 and
Contract #4 - Electrical (includ-
ing the alternate) to Paulson
Electric Company in the
amount of $29,238; and rejec-
tion of Contract #1 - Wood
Piers and Decking and
Contract #2 - Wood Framing
and Railings, upon motion
received and filed. Cline moved
adoption of Resolution No. 52-
03 Adopting plans and specifi-
cations for the Mississippi River
Discovery Center Wetland -
Site Package Interior Walkways
Project (Contract 1 - Wood
Piers and Decking, Contract 2 -
Wood Framing and Railings,
Contract 3 - Plumbing,
Contract 4 - Electrical);
Resolution No. 53-03 Awarding
certain contracts for the
Mississippi River Discovery
Center Wetland - Site Package
II Interior Walkways Project and
rejecting the remaining con-
struction contract bid propos-
als; Resolution No. 54-03
Ordering bids for the
Mississippi River Discovery
Center Wetland - Site Package
Interior Walkways Project
(Contract 1 - Wood Piers and
Decking and Contract 2 -
Wood Framing). Seconded by
Connors. Motion carried 6-0.
Upon motion the rules were
reinstated limiting discussion to
the Council.
ACTION ITEMS
2004 National Alliance of
Preservation Commission
(NAPC): Communication from
the Historic Preservation
Commission requesting the
City, Council submit a letter of
support for the City to host the
2004 National Alliance of
Preservation Commission,
upon motion received and filed
and approved letter of support.
National League of Cities:
Communications from the Iowa
League of Cities appointing
- Council Member Ann Michalski
to serve as one of Iowa's repre-
sentatives on the Human
Development Policy
Committee of the National
League of Cities, upon motion
received and filed.
COUNCIL MEMBER
REPORTS
Michalski stated that the trip
of City leaders to Washington,
D.C. was very positive. Cline
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Sherri A. Yutzy, a Billing Clerk for Woodward Communications, Inc., an Iowa
corporation, publisher of the Telegraph Herald,a newspaper of general circulation
published in the City of Dubuque, County of Dubuque and State of Iowa; hereby
certify that the attached notice was published in said newspaper on the following
dates: February 26, 2003, and for which the charge is $169.19.
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this o2 7 day of ��e, 20 03