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CERTIFICATION OF PUBLICATION
I, Sherri A. Yutzy, a Billing Clerk for Woodward Communic~
corporation, publisher of the Telegraph Herald,a newspaper o
published in the City of Dubuque, County of Dubuque and St
certify that the attached notice was published in said newspal~
dates: April 30, 2003, and for which the charge is $246.30.
Subscribed to before me, a Notary Public in and for Dubuqm
this c>7 ~ day o~.-~ ,20 ~-~.
Notary Public in and for Dubu
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CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular
Session, April 21, 2003
Council met in Regular
Session at 6:30 P.M. in the
Library Auditorium
Present: Mayor Duggan,
Council Member Buol, Cline,
Connors, Markham, Michalski,
Nicholson, City Manager
Michael Van Milligen,
Corporation Counsel Barry
Lindahl.
Mayor Duggan read the call
and stated this is a regular ses-
sion of the City Council called
the purpose of discussing
such matters which may prop-
erly come before the City
Council.
Invocation was given by
Sister Paula Maloy, SVM.
Proclamations:
Commendation of Fire Rescue
received by various Police and
Fire Officers; Sexual Assault
Awareness Month (April,
2003); Community
Development Week (April 21 —
27, 2003) received by Sister
Paula Maloy; Arbor Day April
26, 2003); and Make -A -Wish
Week (April 27 — May 3, 2003)
received by Dave Jewett and
Sandy Steuer.
CONSENT ITEMS
Minutes Submitted: City
Council of 4/7; Civil Service
Commission of 3/11 and 3/27;
Environmental Stewardship
Advisory Commission of 4/1;
Five Flags Commission of
2/17; Housing Commission of
3/25; Housing Commission
Trust Fund of 3/25; Human
Rights Commission of 3/10;
Zoning Advisory Commission
of 3/5 and 4/2; Zoning Board of
Adjustment of 3/27, upon
motion received and filed.
Proof of publication of City
Council Proceedings of 3/17,
upon motion received and
filed.
Finance Director submitting
the Financial Reports for the
month ending March 31, 2003,
upon motion received and
filed.
Notice of Claims/Suits: Holy
Ghost Parish Credit Union for
property damage; Progressive
Concrete Systems LLC for pay-
ment for work performed,
upon motion referred to the
Legal Staff for investigation
and report.
Wagner Subdivision — Final
Plat: Zoning Advisory
Commission recommending
approval of the final plat of
Wagner Subdivision located at
2711 Brunskill Road, upon
motion received and filed. Buol
moved adoption of Resolution
No. 118-03 Approving the final
plat of Wagner Subdivision in
the City of Dubuque, Iowa.
Seconded by Connors. Motion
carried 7-0.
Five Flags Arena HVAC
System: City Manager recom-
mending the approval of Shive
Hattery Engineers to design
the Five Flags Arena HVAC
System replacement, upon
motion received and filed and
approved.
Quarterly Investment Report:
City Manager submitting the
quarterly investment report for
the period from January 1,
2003 through March 31, 2003,
upon motion received and
filed.
Purchase of Service
Agreements: Communication
from the City Manager regard-
ing the funding of various
Purchase of Service agree-
ments, upon motion received
and filed.
Dubuque Area Lifetime Center
— Purchase of Service
Agreement: City Manager rec-
ommending approval of a
Purchase of Service
Agreement with the Dubuque
Area Lifetime Center, upon
motion received and filed and
approved recommendation.
St. Stephens Food Bank —
Purchase of Service
Agreement: City Manager rec-
ommending approval of a
Purchase of Service
Agreement with St. Stephens
Food Bank in the amount of
$1,000, upon motion received
and filed and approved recom-
mendation.
Washington Neighborhood
Tool Library — Purchase of
Service Agreement: City
Manager recommending
approval of a Purchase of
Service Agreement with the
Washington Neighborhood
Tool Library, upon motion
received and filed and
approved recommendation.
Project Concern — Purchase
of Service Agreement: City
Manager recommending
approval of a Purchase of
Service Agreement with
Project Concern for
Information and Referral in the
amount of $3,500 and Child
Care Resource and Referral in
the amount of $8,576, upon
motion received and filed and
approved recommendation.
Greater Dubuque
Development Corporation —
Purchase of Service
Agreement: City Manager rec-
ommending approval of a
Purchase of Service
Agreement with the Greater
Dubuque Development
Corporation in the amount of
$127,500, upon motion
received and filed and
approved recommendation.
Chamber of Commerce
Convention and Visitors
Bureau — Purchase of Service
Agreement: City Manager rec-
ommending approval of a
Purchase of Service
Agreement with the Chamber
of Commerce Convention and
Visitors Bureau, upon motion
received and filed and
approved recommendation.
Department of Economic
Development advising that the
City's Local Housing
Assistance Program Contract
has been amended, as
requested, upon motion
received and filed.
Southwest Arterial Update:
City Manager submitting infor-
mation provided to our
Congressional Delegation con-
cerning the need for additional
federal funding to finance the
Iowa 32 (Southwest Arterial)
project and advising that
Congressman Nussle has sub-
mitted a $41 million request
for such funding, upon motion
received and filed.
Dubuque Bank and Trust:
Communication from Dubuque
Bank and Trust requesting
approval to construct an
underground walkway on pub-
lic right-of-way to connect the
main bank with the "Old Walsh
Building" which they are reno-
vating, upon motion received
and filed and referred to the
City Manager.
Department of the Army —
Corps of Engineers:
Communication from Gary
Loss of the Rock Island Corps
of Engineers to Donna Smith,
Dubuque County Board of
Supervisors, regarding a spe-
cial study along the Couler
Valley reach of the Little
Maquoketa River in Dubuque
County upon motion received
and filed.
Business License Refund:
Request of Rod Christ, Mama
Cassetti's Pasta, for a refund of
their Beer and Liquor License
in the amount of $168.75,
upon motion received and filed
and approved recommenda-
tion.
Business Licenses: Buol
moved adoption of Resolution
No. 119-03 Granting the
issuance of two new permits to
sell cigarettes and cigarette
papers within the City to
Bodine's LLC and Paro Food
Mart, Resolution No. ' 120-03
Granting issuance of a Class
"B" Beer Permit to Music N
More Promotions — Tents A
and B; and Class "C Beer
Permit to McCann Service,
Tobacco Outlet #504 and Paro
Food Mart and Resolution No.
121-03 Granting the issuance
of a Class "A" Liquor License
to Dubuque Order of the
Moose; and Class "C"
Beer/Liquor License to
Bodine's, The Busted Lift,
Central Tap, Shot Tower Inn,
Knights of Columbus, A & B
Tap. Seconded by Connors.
Motion carried 7-0.
ITEMS TO BE SET FOR PUB-
LIC HEARING
Port of Dubuque — Vacate:
City Manager recommending
that a public hearing be set for
May,:' 2003 to consider the
vacation of certain streets and
alleys in the Port of Dubuque,
north and west of Bell Street
and the Brewery to the railroad
right-of-way, upon motion
received and filed. Markham
moved adoption of Resolution
No. 122-03 Approving the plat
of proposed vacated portion of
Wall Street, Washington
Street, Cypress Street, and
alleys in Blocks 20 and 28,
Dubuque Harbor Improvement
Company Addition; Resolution
No. 123-03 Approving plat of
proposed vacated portion of
the Fourth Street Extension,
Dubuque Harbor Improvement
Company Addition; Resolution
No. 124-03 Approving plat of
proposed vacated portion of
Bell Street and alley in Block
11, Dubuque Harbor
Improvement Company
Addition; Resolution No. 125-
03 Approving plat of proposed
vacated portion of Fifth and
Sixth Streets, Dubuque Harbor
Improvement Company
Addition; Resolution No. 126-
03 Approving plat of proposed
vacated portion of the Fourth
Street Extension, Wall Street,
Market Street, Pine Street, and
Lot 2 of Lot 20 and alley in
Block 26, Dubuque Harbor
Improvement Company
Addition; Resolution No. 127-
03 Approving plat of proposed
vacated portion of Wall Street,
Washington Street, and alleys
in Blocks 21 and 27, Dubuque
Harbor Improvement Company
Addition. Seconded by Cline.
Motion carried 7-0.
Ordinance No. 24-03 Vacating
a portion of Bell Street and
alley in Block 11, Dubuque
Harbor Improvement Company
Addition; Ordinance No. 25-03
Vacating a portion of the
Fourth Street Extension,
Dubuque Harbor lmprovement
Company Addition; Ordinance
No. 26-03 Vacating a portion
of Fifth and Sixth Streets in
Dubuque Harbor Improvement
Company Addition; Ordinance
Appointments to the follow-
ing Commission: Mechanical
Code Board (Two 3-Year
Terms to Expire 3/16/06 —
Terms of Geisler and
Willenborg); Applicants: Todd
Geisler and Harlan J.
Willenborg. Upon motion
Todd Geisler and Harlan
Willenborg were reappointed
to three year terms which will
expire 3/16/06.
PUBLIC HEARINGS
Upon motion the rules were
suspended to allow anyone
present to speak.
Royal Oaks Development —
Rezoning Request: Proof of
publication on notice of hear-
ing to consider a request from
Royal Oaks Development/A.J.
Spiegel to rezone property
located at the end of
Rhomberg Avenue (former
Tollbridge Inn Restaurant)
from CR Commercial
Recreation District to PUD
Planned Unit Development
District and Zoning Advisory
Commission recommending
approval, and communications
regarding the proposed rezon-
ing at 2800 Rhomberg Avenue,
upon motion received and
filed. 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 conditions, presented and
read.
A.J. Spiegel, owner of the
property, spoke in favor of the
rezoning which would allow
the building of a condominium
at the former Tollbridge
Restaurant site, and stated he
is not asking for any city fund-
ing to help with this project.
Cliff Winner, 1077 Kaufmann,
Martha Lundh, 2678
Marywood, and Herb Lange,
wildlife photographer from
Wisconsin, all spoke in oppo-
sition, citing historical and
bluffland value and beauty, as
well as stating eagles now are
often seen in this area and it
would disrupt their habitat.
John Kretz. 2760 Jonathan
Lane, stressed that change is
difficult but spoke in favor of
the project, stating that he is
one of the owners of the park-
ing lot for this project,
Rick Dickinson, Greater
Dubuque Development Corp.,
spoke in favor of the project.
Council discussed the pro-
posed project at length, stress-
ing appreciation to Mr. Spiegel
for his time and response to
their questions about this
development, though ques-
tioning City liability from falling
rocks and stormwater
drainage, and impact on the
bluffland area.
Mr. Spiegel stated that eagles
are seen nesting all over
Dubuque County now, not just
in this particular area.
Buol moved that the require-
ment 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 con-
sideration and passage of the
Ordinance. Seconded by
Markham. Vote on the motion
was as follow: Yeas—Buol,
Duggan, Markham, Nicholson.
Nays —Cline, Connors, and
Michalski. Motion failed due to
lack of super majority vote.
Buol amended the motion to
make the liability issue a con-
dition of rezoning, this amend-
ment agreed to by Markham.
Buol then moved that this be
considered the first reading of
the Ordinance, as amended.
Seconded by Markham.
Carried by the following vote:
Yeas —Connors, Duggan,
Markham, Nicholson, Buol.
Nays —Cline, Michalski.
Wayne Stewart Property —
Rezoning Request: Proof of
publication on notice of hear-
ing to consider a request from
Wayne Stewart and Flint Drake
to rezone property located at
the southwest corner of Old
Highway Road and Seippel
Road from R-1 Single -Family
Residential District and County
M-1c to R-2 Two -Family
Residential District, CS
Commercial Service and
Wholesale District and LI Light
Industrial District concurrent
with annexation of the west
twenty acres and Zoning
Advisory Commission recom-
mending approval, upon
motion received and filed.
Ordinance No. 30-03
Street from C-3 General
Commercial District to PUD
Planned Unit Development
District with a PC Planned
Commercial zoning designa-
tion and Zoning Advisory
Commission recommending
approval, upon motion
received and filed.
Jim Theisen spoke giving the
background of his business in
Dubuque and requested
Council support the proposed
rezoning.
Ordinance No. 35-03
Amending Appendix A (the
Zoning Ordinance) of the City
of Dubuque Code of
Ordinances by reclassifying
hereinafter described property
located at 2900 Dodge Street
from C-3 General Commercial
District to PUD Planned Unit
Development District with PC
Planned Commercial District
Designation and adopting a
Conceptual Development Plan,
presented and read. Markham
moved that the requirement
that a proposed Ordinance be
considered and voted on for
passage at two Council meet-
ings prior to the meeting at
which it is to be finally passed
be suspended and further
moved final consideration and
passage of the Ordinance.
Seconded by Michalski.
Motion carried 7-0.
Key Gate Center No. 2 —
Rezoning Request: Proof of
publication on notice of hear-
ing 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 C-3 General Commercial
zoning district and Zoning
Advisory Commission recom-
mending approval.
Dan Mueller, 590 Samuels
St., as owner of the property,
spoke requesting the proposed
rezoning.
Ordinance No. 32-03
Amending Appendix A (the
Zoning Ordinance) of the City
of Dubuque Code of
Ordinances by reclassifying
hereinafter described property
located southeast of Highway
61/151 and Highway 52 inter-
section from PUD Planned Unit
Development with a PR
Planned Residential District
designation to C-3 General
Commercial District, presented
and read. Buol moved that the
requirement that a proposed
Ordinance be considered and
voted on for passage at two
Council Meetings prior to the
meeting at which it is to be
finally passed be suspended
and further moved final con-
sideration and passage of the
Ordinance. Seconded by
Michalski. Motion carried 7-0.
Development Moratorium —
Proposed Southwest Arterial
Corridor: Proof of publication
on notice of hearing to consid-
er an amendment to the Code
of Ordinances and Subdivision
Regulations regarding a devel-
opment moratorium in the pro-
posed Southwest Arterial
Corridor and Zoning Advisory
Commission recommending
approval, and City Manager
recommending adoption of the
revised area submitted by the
Iowa Department of
Transportation for the
Development Moratorium in
the proposed Southwest
Arterial <Corridor, presented
and read. Ordinance No. 33-03
Amending Appendix A (the
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 extend a morato-
rium for site plan and rezoning
applications in the Iowa 32
(Southwest Arterial) Corridor
and Ordinance No. 34-03
Amending Chapter 42
(Subdivision Regulations) of
the City of Dubuque Code of
Ordinances by amending
Section 42-16, to extend a
moratorium for subdivision
plats in the Iowa 32
(Southwest Arterial) Corridor,
presented and read. Michalski
moved that the requirement
that the proposed Ordinances
be considered and voted on for
passage at two Council
Meetings prior to the meeting
at which they are to be finally
passed be suspended and fur-
ther moved final consideration
and passage of the
Ordinances. Seconded by
Nicholson. Motion carried 7-0.
Grants of Easement — Alliant
Energy: Proof of publication on
notice of hearing to consider a
request from Alliant Energy to
install underground electrical
telecommunication lines on
requested by the University of
Dubuque to show the new
Myers Library;
West End District: Design
Logo #1 voted for by Cline and
Nicholson; Design Logo #3
(more options) voted for by
Connors, Duggan, Michalski
and Buol. Design Logo #2
voted for by Markham
Port of Dubuque District:
Nicholson stated that the boat
and wave is sufficient on the
logo and requested they delete
the background of the down-
town. Design Logo #3 (with no
background) voted for by
Cline, Connors, Duggan,
Michalski, Nicholson; Design
Logo #2 voted for by Markham
and Buol.
Sue Czeshinski of the
Convention & Visitors Bureau
and Planning Services Director
Laura Carstens spoke stating
they were trying to keep the
signage as simple as possible
for viewing by individuals in
fast moving vehicles.
Michalski commended the
committee for their hard work.
CarteGraph Development
Agreement: City Manager rec-
ommending approval of vari-
ous opportunities to assist
CarteGraph Systems, Inc. in
obtaining the job creation
goals agreed to in a 1999 State
of Iowa CEBA award and a
Development Agreement
between the City, Horizon
Development Group, LLC
(property developer) and
CarteGraph Systems, Inc.
(employer), upon motion
received and filed and
approved recommendation.
Brewery Redevelopment -
Summary of Proposal: City
Manager recommending
approval to draft a formal
Development Agreement with
The Alexander Company
regarding the redevelopment
of the former Dubuque Star
Brewery building, upon motion
received and filed and
approved recommendation.
Dubuque Museum of Art: City
Manager recommending
approval of an amendment to
the Dubuque Museum of Art
loan agreement to defer inter-
est payments on their
Downtown Rehabilitation loan
for one year, upon motion
received and filed and
approved recommendation.
Northeast Iowa Community
College: City Manager recom-
mending approval of a request
from Northeast Iowa
Community College to consid-
er cost sharing a feasibility
study for a business incubator
in downtown Dubuque. upon
motion received and filed and
approved recommendation.
Port of Dubuque Sign and
Landscaping and Recognition
Wall: City Manager recom-
mending approval of the pre-
liminary design and cost esti-
mate for landscaping and sig-
nage for the parking lot green
space at the intersection of Bell
and Third Street and for the
recognition wall along the
landside of the floodwall out-
side of the American Trust
River's Edge Plaza, upon
motion received and filed and
approved recommendation.
Steve Ulstad spoke clarifying
the plans.
Diamond Jo Lease
Agreement: City Manager rec-
ommending approval of a one-
year lease agreement with
Peninsula Gaming Company,
LLC for the patio area south of
the Portside Building to allow
the Diamond Jo to provide out-
door entertainment this sum-
mer, upon motion received
and filed and approved recom-
mendation. Markham moved
adoption of Resolution No.
133-03 Granting issuance of a
Class "C" Beer/Liquor License
to Diamond Jo Casino
(Outdoor Sale). Seconded by
Buol. Motion carried 7-0.
Bluff Land Protection
Measures (Tabled from March
17, 2003 Meeting): Upon
motion this was removed from
the table.
City Manager submitting
information regarding Bluff
Land Protection Measures,
upon motion received and filed
and discussed being pro -active
to protect areas in the City.
COUNCIL MEMBER
REPORTS
Nicholson voiced apprecia-
tion to Staff for the grand City
Expo on April 15, 2003.
PUBLIC INPUT
David Hartig, 1255 Southern,
spoke of concerns about pos-
sible noise problems from out-
door musical events etc.
There being no further busi-
neee noon mntinn maatinn
approval of a rurcnase ui
Service Agreement with
Project Concern for
Information and Referral in the
amount of $3,500 and Child
Care Resource and Referral in
the amount of $8,576, upon
motion received and filed and
approved recommendation.
Greater Dubuque
Development Corporation —
Purchase of Service
Agreement: City Manager rec-
ommending approval of a
Purchase of Service
Agreement with the Greater
Dubuque Development
Corporation in the amount of
$127,500, upon motion
received and filed and
approved recommendation.
Chamber of Commerce
Convention and Visitors
Bureau — Purchase of Service
Agreement: City Manager rec-
ommending approval of a
Purchase of Service.
Agreement with the Chamber
of Commerce Convention and
Visitors Bureau, upon motion
received and filed and
approved recommendation.
Dubuque Main Street —
Purchase of Service
Agreement: City Manager rec-
ommending approval of a
Purchase of Service
Agreement with Dubuque Main
Street, upon motion received
and filed and approved recom-
mendation.
United States Senator Charles
Grassley: Communication
from Senator Charles Grassley
in response to the City's
inquiry about the availability of
federal funds for the City of
Dubuque, upon motion
received and filed.
U.S. Department of Housing
and Urban Development:
Communication from the U.S.
Department of Housing and
Urban Development regarding
the City's Community
Development Block Grant
Program, upon motion
received and filed and referred
to the City Manager.
Legislative Correspondence:
Communication of City
Manager Michael C. Van
Milligen, dated March 6, 2003,
to local legislators regarding
the gaming tax lawsuit, upon
motion received and filed.
Communication of City
Manager Michael C. Van
Milligen, dated April 9, 2003,
to local legislators regarding
the gaming tax issue, upon
motion received and filed.
Dubuque Arboretum and
Botanical Gardens:
Communication from Jack
Frick, President of the
Dubuque Arboretum and
Botanical Gardens Board of
Directors, requesting that no
parking be allowed on the
south side of Arboretum Drive,
upon motion received and filed
and referred to the City
Manager.
Civil Service Commission:
Civil Service Commission sub-
mitting the certified list for the
position of Mechanic, upon
motion received and filed and
made a matter of record.
PPEL Revenue Requirements:
City Manager advising that the
Fiscal Year 2004 Physical Plant
and Equipment Levy (PPEL)
TIF Revenue Certification has
been submitted to Dubuque
County Auditor Denise Dolan,
upon motion received and
filed.
Notice of Bankruptcy Filing:
Notice of bankruptcy filing and
final hearing on certain
motions and applications in
the matter of Eagle Food
Centers, Inc., upon motion
received and filed.
Iowa Department of
Economic Development:
Communication from the Iowa
vacatea portion of nuu auu
Sixth Streets, Dubuque Harbor
Improvement Company
Addition; Resolution No. 126-
03 Approving plat of proposed
vacated portion of the Fourth
Street Extension, Wall Street,
Market Street, Pine Street, and
Lot 2 of Lot 20 and alley in
Block 26, Dubuque Harbor
Improvement Company
Addition; Resolution No. 127-
03 Approving plat of proposed
vacated portion of Wall Street,
Washington Street, and alleys
in Blocks 21 and 27, Dubuque
Harbor Improvement Company
Addition. Seconded by Cline.
Motion carried 7-0.
Ordinance No. 24-03 Vacating
a portion of Bell Street and
alley in Block 11, Dubuque
Harbor Improvement Company
Addition; Ordinance No. 25-03
Vacating a portion of the
Fourth Street Extension,
Dubuque Harbor Improvement
Company Addition; Ordinance
No. 26-03 Vacating a portion
of Fifth and Sixth Streets in
Dubuque Harbor Improvement
Company Addition; Ordinance
No. 27-03 Vacating a portion
of the Fourth Street Extension,
Wall Street, Market Street,
Pine Street and Lot 2 of Lot 20
and alley in Block 26 in
Dubuque Harbor lmprovement
Company Addition; Ordinance
No. 28-03 Vacating a portion
of Wail Street, Washington
Street, and alleys in Blocks 21
and 27 in Dubuque Harbor
Improvement Company
Addition; Ordinance No. 29-03
Vacating a portion of Wall
Street, Washington Street,
Cypress Street and alleys in
Blocks 20 and 28 in Dubuque
Harbor Improvement Company
Addition, presented and read.
Markham moved that the
requirement that the proposed
Ordinances be considered and
voted on for passage at two
Council Meetings prior to the
meeting at which they are to be
finally passed be suspended
and further moved final con-
sideration and passage of the
Ordinances. Seconded by
Cline. Motion carried 7-0.
Markham moved adoption of
Resolution No. 128-03 of
Intent to dispose of City inter-
est in Lots N, 0, P, Q, R, S, T,
U, and V of Dubuque Harbor
Improvement Company
Addition in the City of
Dubuque, Dubuque. County,
Iowa and further set this for
Public Hearing on May 5, 2003
at a meeting to commence at
6:30 P.M. in the Public Library
Auditorium and direct the City
Clerk to publish in the manner
prescribed by law. Seconded
by Cline. Motion carried 7-0.
Fiscal Year 2003 Second
Budget Amendment: City
Manager recommending that a
public hearing be set for May
19, 2003 to consider the sec-
ond amendment to the Fiscal
Year 2003. Budget, upon
motion received and filed.
Markham moved adoption of
Resolution No. 129-03
Directing the City Clerk to pub-
lish proposed amendment to
the Fiscal Year 2003 Budget
and date of public hearing and
set for Public Hearing on
5/19/03 at a meeting to com-
mence at 6:30 P.M. in the
Public Library Auditorium and
direct the City Clerk to publish
notice in the manner pre-
scribed by law. Seconded by
Cline. Motion carried 7-0.
BOARDS/COMMISSIONS
Applicants are invited to
address the Council regarding
their desire to serve on the fol-
lowing Board: Housing Cade
Appeals Board (Two 3-Year
Terms to Expire 1/11/06);
Applicant: Ben Durley. No one
spoke.
dition of rezoning, this amend-
ment agreed to by Markham.
Buol then moved that this be
considered the first reading of
the Ordinance, as amended.
Seconded by Markham.
Carried by the following vote:
Yeas —Connors, Duggan,
Markham, Nicholson, Buol.
Nays —Cline, Michalski.
Wayne Stewart Property —
Rezoning Request: Proof of
publication on notice of hear-
ing to consider a request from
Wayne Stewart and Flint Drake
to rezone property located at
the southwest corner of Old
Highway Road and Seippel
Road from R-1 Single -Family
Residential District and County
M-1c to R-2 Two -Family
Residential District, CS
Commercial Service and
Wholesale District and LI Light
Industrial District concurrent
with annexation of the west
twenty acres and Zoning
Advisory Commission recom-
mending approval, upon
motion received and filed.
Ordinance No. 30-03
Amending Appendix A (the
Zoning Ordinance) of the City
of Dubuque Code of
Ordinances by reclassifying
hereinafter described property
located at 8000 Old Highway
Road from R-1 Single -Family
Residential District to R-2
Two -Family Residential District
and CS Commercial Service
and Wholesale District, and
Ordinance No. 31-03
Amending Appendix A (the
Zoning Ordinance) of the City
of Dubuque Code of
Ordinances by reclassifying
property located along Old
Highway Road from Dubuque
County M-1 Industrial with
conditions to City of Dubuque
LI Light Industrial District,
concurrent with annexation,
presented and read.
Flint Drake of Kane, Norby &
Reddick, as Attorney for Mr.
Stewart, spoke objecting to the
proposed conditions but will
accept them if Council requires
them.
Eugene Bird, Chair of the
Zoning Advisory Commission,
spoke of the reasons for the
conditions but would also sup-
port removing the conditions.
Rick Dickinson, Greater
Dubuque Development Corp.,
spoke in favor of the project
and removing of the condi-
tions.
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 suspended
and further moved final con-
sideration and passage of the
Ordinances.
Buol amended his motion to
remove the conditions on the
permitted uses. The amend-
ment was not accepted by
Nicholson. Buol removed his
motion from the table.
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 suspended
and further moved final con-
sideration and passage of the
Ordinances (Ordinance No. 30-
03 without conditions).
Seconded by Cline. Carried by
the following vote: Yeas—
Buol, Cline, Connors, Duggan,
Markham, Michalski. Nays —
Nicholson.
2900 Dodge Street —
Rezoning Request: Proof of
publication on notice of hear-
ing to consider a request from
Theisen's Inc. to rezone prop-
erty located at 2900 Dodge
rezonings, to eueuu a liana.,
rium for site plan and rezoning
applications in the Iowa 32
(Southwest Arterial) Corridor
and Ordinance No. 34-03
Amending Chapter 42
(Subdivision Regulations) of
the City of Dubuque Code of
Ordinances by amending
Section 42-16, to extend a
moratorium for subdivision
plats in the Iowa 32
(Southwest Arterial) Corridor,
presented and read. Michalski
moved that the requirement
that the proposed Ordinances
be considered and voted on for
passage at two Council
Meetings prior to the meeting
at which they are to be finally
passed be suspended and fur-
ther moved final consideration
and passage of the
Ordinances. Seconded by
Nicholson. Motion carried 7-0.
Grants of Easement — Alliant
Energy: Proof of publication on
notice of hearing to consider a
request from Alliant Energy to
install underground electrical
telecommunication lines on
City -owned property, known
as Lot 1 Heartland Place (lot
located between 16th Street
and Kerper Court behind the
old Smithfield property) and
Lot 1-2-1 Byrnes Subdivision
which is the lot upon which
Usha Park is located and City
Manager recommending
approval, upon motion
received and filed. Markham
moved adoption of Resolution
No. 130-03 Disposing of an
interest under, over, and
across a portion of Lot 1
Heartland Place and Lot 1-2-1
Brynes Subdivision, Dubuque,
Iowa, by the issuance of ease-
ments to Alliant Energy
(Interstate Power and Light
Company). Seconded by Cline.
Motion carried 7-0.
Fiber Optics Connection:
Proofs of publication on notice
of hearing on plans and speci-
fications and notice to bidders
on the receipt of bids for the
Fiber Optics Connection
Between City Network and Port
of Dubuque, and City Manager
recommending award of the
contract to Volkens Excavating
in the amount of $12,332,
upon motion received and
filed. Cline moved adoption of
Resolution No. 130-03
Adopting plans and specifica-
tions for the project and
Resolution No. 132-03
Awarding contract to Volkens
Excavating. Seconded by
Connors. Motion carried 7-0.
Upon motion the rules were
reinstated limiting discussion
to the Council.
ACTION ITEMS
Grand River Center — Logo
Design: City Manager recom-
mending approval of the logo
design for the Grand River
Center, upon motion received
and filed and approved.
Wayfinding Signage: City
Manager recommending
approval of design alternatives
for the Wayfinding Sign
Program, upon motion
received and filed and
approved recommendations as
stated below.
Downtown District: Design
Logo #1 voted for by all 7
Council Members;
Eagle Point District: Design
Logo #1 voted for by all 7
Council Members;
South End District: Design
Logo #1 voted for by Cline,
Connors, Markham, Michalski,
Nicholson, and Buol; Design
Logo #2 voted for by Duggan.
College District: Design Logo
#1 voted for by all 7 Council
Members with change as
mendation. Markham moved
adoption of Resolution No.
133-03 Granting issuance of a
Class "C" Beer/Liquor License
to Diamond Jo Casino
(Outdoor Sale). Seconded by
Buol. Motion carried 7-0.
Bluff Land Protection
Measures (Tabled from March
17, 2003 Meeting): Upon
motion this was removed from
the table.
City Manager submitting
information regarding Bluff
Land Protection Measures,
upon motion received and filed
and discussed being pro -active
to protect areas in the City.
COUNCIL MEMBER
REPORTS
Nicholson voiced apprecia-
tion to Staff for the grand City
Expo on April 15, 2003.
PUBLIC INPUT
David Hartig, 1255 Southern,
spoke of concerns about pos-
sible noise problems from out-
door musical events etc.
There being no further busi-
ness, upon motion meeting
adjourned at 9:44 P.M.
/s/ Jeanne F. Clerk der, CMC
City
1t 4/30
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: April 30, 2003, and for which the charge is $246.30.
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this a day of— 7 1 t , 20 673.
Notary Public in and for Dubuque County, Iowa.
MARY K. WESTERMEYER
Commission Number 154885
My Comm. Exp. FEB.1, 2005