Proof Council Minutes 5 5 03 on the pm~3osed issuance
~ ~ ~ ~ of Urban Renewal Tax
and ~hbma~ Mueller ~or SeConded- ~y Mar~hars; [' Increment~ Revenue
Motion;carried 7q}. Obligations and the execu-
tion of a Development
U.S. Department Of Agreement relating thereto
· and Urban
:ment[ upoh ~ p m e n t ~ with Heartland Financial
mcevedandfltedandeon frbm the USA, [nc., and providing
bdrred ~nd : FinanCe of forthepublicationofnatice
thereof and set this for
i Claim
Lag[alative Letters:
~ Communication :0f City
Manager to area legislators
requesting that ~hey
kappose ;the reCOmmenda-
tions of the Public
S{rateg~es ;GrOup, Upon
motion received and fi[ed.
CommuniCation of City
would be
tHobse upon motion
received anci filed~
C~mmufiication Of City
tIvla~ager fu erea legislators
Staved Lukan; Gene
Mantemach~ anci: Robert
;Osterhaus regarding the~
impact to the ~ of the
latest proPOSals mcleded
Within HF 691
city
.- Socfst- ~ Security
sceived and filed.
City of Cedar RaRids:
;ommu~lcation from
Vade ' Wagner,
:ommiss~oner of Parks
and Public Property for
Cedar Rapids, expressing
appreciation for th~ mceot
tour of the Port of
Dubuque, ' dpon motion
received and ~led.
Business Licenses: Bubl
~noxied adoption of
Resolution NO. 137-03
~rant~g the issuance of a
3ermit to sell cigarettes
~nd cigarette papers to A &
~ Tap; -Resniufion No.
1384)3 Granting issuance
of a Class "B" Beer Penffit
(5-Day' Special Event to
Catfish Festhtal and
DUbuque Jaycees (Main
Event, Tent A, Tent B. and
~eeat C); and Class
er Permit to Lien
Oriental g*nerican Food,
Beecher Beverage, Oky
Doky #1 and Oky Doky #2
and Resolution No. 139-03
Grantincl issuance of
Class 'C'~ Beer / Liquor
License to Breaktime Bar
and Grill, ~Tott's Tap,
Comer T~p. Clmrhous&
Restaurant, and Joyce's
Tugboat; Special Cias~ '~C"
(BW) Uquor License to
Athenian Grill: and Class
~B" CWB)Wine Permit to
Beecher Beverage and Ok,/
Doky #1. r Seconded by
Obligations and the execu-
tion of a Develoonleat
Agreement relating thereto
with Quebecor World
Dubuque, Inc., and provid-
}rig for the publication of
notice thereof and setting
this for public hearfl~ on
5/16/03 at a meeting to
commence at 6 30 P M n
the public library auditori-
um and that the City Clerk
publish 'notice in the man-
ner p~escribed by law.
Secds~ed by Nicholson
Motion carried 7-0.
public hearing on 5/19/03
at a meeting to commence
at 6:30 P.M. in the public
auditorium and that
Clerk publish
in the manner pre-
sexihod by law. Seconded
by Ninholson. Motion car-
ried 743.
2003 (Fiscal Year 2004
Aaphat Pavng Proect:
City Manager recommend-
ing initiation of the public
bidding process for the
2003 (Fiscal Year 2004
Asphalt Pay ag Project and
that a public hearing be set
for June 2, 2003, upon
motion received and tiled.
CJine moved adoption
Resolution No. 145-03
Preliminary approval of
plans and specltications;
Resolution No. 146-03
Setting date of hearing on
plans and specifications
fur 6/2/03 at s meeting to
commence at 6:30 P.M. in
the public library audited-
um and that the City Clerk
publish notice in the man-
ner prescribed by law and
Resolution No. 147-03
Ordering bids. Seconded
by Ninhoison. Motion car-
8ed 7-0.
BOARDS/COMMISSIONS
Appbln/ments to the fol-
lowing Boards
Commissions:
Code Appeals
Applicant: Ben Dudey.
Upon motion Ben Dudsy
was appointed to a thre~
year term expiring 1/11/06.
PUBLIC HEARINGS
Upon motion the rules
were suspended to allow
anyone present to speak.
3251 Roosevelt Road -
Rezoniag Request: Proof
of publicaSon on notice of
hearing to consider
request from Fondeli
Excavating, Inc. to rezone
property located at 3251
Roosevelt Road from R-1
Single-Family Residential
District to R-2 Two-Family
Residential Distdct and R~3
Moderate Density Multi-
Family R~idential District:
Zoning Advisory
~ommission recommend-
lag approval, ~ Zoning
Advisory Commission sub-
meting the preliminary plat
for Eagle Valley
Subdivision located at
3251 Roosevelt Road as an
information item; commu-
nication from City Manager
regarding the rezoniag
request for propert~ at
3251 RooseveE Road;
Communication from Mr.
and Mrs. Wait Pmgler
regarding the rezoning
request for property
descdbe~ as 325~
Roosevelt Road: commu-
nication ffom Mary
Schoen-Ciark, Regional
President of Mercy
Housing Midwest, in sup-
por~ of the Roosevelt Road
project, and communica-
tion of Ken and Helen
Heacook in support of the
project, upon motion
received end tiled.
Walt Pragler, 2966 Shins,
spoke in opposition citing
ootentiel water runoff
problems.
John Du~an, 3058 Sh[ras,
objecting to the
of this project.
Dolan. 3209
Roosevelt, Lowell Davis,
3138 Shires, Al Do]an,
-~160 Shiras, Jim and
Wendy Jaeger, 2924
Shires. Paul Conlon, 3156
Shims, and Nancy Dulan,
3209 Roosevelt. all spoke
in opposition citing the
density of the project and
potential water run-off
problems.
Jim Holz, 489 Marjorie
Circle, as Chair of the
Housing Trust Fund, spoke
in suppod of the project.
Cline questioned Public
Works Director Mike Koch
as to Roosevelt Road's
atormwater drainage capa-
bilffies end handling of
additional traffic.
Ken Buesiag, of Buesing
and Associates, spoke in
support of tho proposed
development stating that
the water~ mn-off problem
has been addresse~.
Micholsl{ questioned the
developer Mark Fondeli as
to the possibility of reduc-
iag the density of the pro-
jeat. Mr. Fondell stated
they have platted the max-
imum [nts but may not ho
able to build on all of them.
Counbll discussed this
project at length, s{ressiag
their stated priority of
affordabrs housing avall-
abilit7 and atorrr water
Addition in the City of
Dubuque, Dubuque
County, iowa. Seconded
nby Cline. Motion carried 7-
- Award: Proofs of publica-
tion on notice of hearing on
plans and specifications
and notice to bidders on
the receipt of bids and
City Manager recommend
lag award of the contrant
for the Bonson Road
Watermaln Extension
Project to McDermott
Excavating, upon motion
received and filed. Cline
moved adoption of
Resolution NO. 150-03
Adopting plans and speci-
fications for the project and
Resolution No. 151~03
McDermott
Seconded
Locust S~eet Connector
Reconst ruation Project:
Proofs of publication on
nat[ce of hearing on plans
and specifications and
notice to biddsfs on the
receipt of bids, and City
Manager recommending
award of the contract for
the Locust Street
Project to Portzen
motion received and filed.
Cline moved adoption of
Resolution No. 152-03
Adopzting plans and speci-
ticatiens for tho project and
Resolution No. 153-03
Awarding contract to
Portzen Consffuction, inc.
Seconded by Connors.
Motion carried 7-0.
Upon motion the rules
were reinstated limiting
discussion to the Council
ACTION ITEMS
Dubuque Girls
Independent League:
Request of Jill Reimer, Co-
Chair of the Grand
Opening of the Dubuque
Gids Independent League,
to extend pemonal invita-
tion to Council Members to
the Granc Opening
Ceremonies on Saturday,
May 17, 2003, upon motion
received and filed.
inviting the Council
Members to the Grand
Opening.
Penalties for Tobacco
Permit Holder
(Reschednied from April 7
2003 Meeting at Request
of Attorney Art Gilloon):
Police Chief recommend-
civil penalty against one I
tobacco permit hofdeF, |
Gilioon regarding the sec-
ond offense tobacco sale
invniviag Kwik Stop, and
Gilioon advising that his
client had chosen the
$1500 civil penaay versus
the 30-day suspension,
ass,e_ss~, _ment of the penalty.
filed and approved the
Colts Drum end Bugle ~
'of Histor;c Preservation
ing denial of the request of
the Cult's Drum and Bugle
Corps to demolish proper-
ty located at 1112 - 1114
Central Avenue to con-
stmnt a parking lot and
communication of Michael
J Visintin regarding the
request to demolish prop-
erty at 1112-1114 Contra
Crag Orwo[I, Executive
Director of the Colts, spoke
in favor of demolishing the
Chris Wand, Chair of the
Commission. spoke clarity-
lng the Commission's posi-
Michael Vis~nhe, owner of
zhe building, spoke giving a
history of the Josses
incurred as an apartment
Buol moved ~o receive
and flie the communica-
bans and grant the demoli-
Markham. Nichoison.
fled permit. Second by
Cline. Carried by the ful-
lowing vote: Yeas - Buni.
Cline, Connors. Daggan,
Nays - Michalski.
Royal Oaks Development
- Rezoning
(Second
Communication
A.A. VonHein-Mott regard-
mg tho rezoning of proper-
~/ located at the end of
Rhernberg Avenue; com-
mublcaffon from Kevin
reconsider its majority sup-
Koch urging the Council to
port fur tho condominium
proposal along the
Mississippi River: and
of Engineers, ,agarding j STATE OF IOWA
the city of Dubuque DUBUQUE COUNTY
seeable" as it relates to the
Southwest Arterial, upon
motion received and filed.
Transit Alternatives
Agalysis Purpose and
Needs Statement: City
Manager requesting addi-
tional input from the Mayor
and City Council on the
Dubuque Downtown
Transit Alternatives
Analysis Study, upon
motion received and flied.
Council mqueated that a
work session be held when
the study is finalized.
There being no further
business upon motion
meeting adjourned at 6:36
/s/Jeanne F. Schneider,
CMC, City Clerk
It 5/14
{SS:
CERTIFICATION OF PUBLICATION
I, Sherri A. Yutzy, a Billing Clerk for Woodward Corm:au
corporation, publisher of the Telegraph Herald, a newspap~
published in the City of Dubuque, County of Dubuque ant
certify that the attached notice was published in said news
dates: May 14, 2003, and for wtfich the charge is $246.78.
Subscribed to before me, a N~o~-y Public in and for Dubu~
this IS-r~ dayof rY/~ 20C)h
N Public in and for Du:
CITY OF DUBUQUE,
IOWA
COUNCIL
PROCEEDINGS
OFFICIAL
City Council, Regular
Session, May 5, 2003
Council met in Regular
Session at 6:30 P.M. in the
Library Auditorium
Present: Mayor Duggan,
Council Members Buol,
Cline, Connors, Markham,
and Thomas Mueller for
property damage and
directing Finance
Department to issue pay-
ment, upon motion
received and filed and con-
curred and Finance
Director to issue payments.
Corporation Counsel rec-
ommending denial of the
claim of Holy Ghost Parish
Credit Union for property
damage, upon motion
received and filed and con-
curred.
Legislative Letters:
Communication of City
Manager to area legislators
requesting that they
oppose the recommenda-
tions of the Public
Strategies Group, upon
motion received and filed.
Communication of City
Manager to area legislators
Pat Murphy, Mike
Connolly, and Roger
Stewart thanking them for
their recent vote to reject
the proposed
"Reinvention" bill, upon
motion received and filed.
Communication of City
Manager to area legislators
Pat Murphy and Pam
Jochum thanking them for
their email advising that
they would be opposing
HF 691 on the floor of the
House, upon motion
received and filed.
Communication of City
Manager to area legislators
Steven Lukan, Gene
Manternach and Robert
Osterhaus regarding the
impact to the City of the
latest proposals included
within HF 691 (the
"Reinvention" bill), upon
motion received and filed.
Communication of City
Manager to area legislators
requesting support for two
amendments to the
Reinvention Bit, upon
motion received and filed.
Communication of City
Manager to area legislators
requesting support to
include the arts and culture
in the proposed Iowa
Values Fund, upon motion
received and filed.
Communication of City
Manager to State Senators
Connolly, Stewart and
Hosch regarding Tax
Increment Financing (TIF)
legislation, upon motion
received and filed.
Communication to State
Representatives Jochum,
Mantemach, Murphy and
Lukan thanking them for
their recent vote in favor of
HF -686 related to Tax
Increment Financing, upon
motion received and filed.
Excess Worker's
Compensation Insurance
Policy: City Manager rec-
ommending approval of
the Excess Worker's
Compensation Insurance
Policy through June 30,
2003, upon motion
received and filed and
approved recommenda-
tion.
280 Locust Street -
Demolition Permit:
Communication from the
-Historic Preservation
Commission recommend-
ing approval of a request
from Scott Neuwoehner /
Cooper Acquisitions,
L.L.C. to demolish property
located at 280 Locust
Street (former Martin Gas
Station), upon motion
received and filed and
approved recommenda-
tion.
Phase IV - Architectural /
Historic Survey:
Seconded by Markham.
Motion carried 7-0.
U.S. Department of
Housing and Urban
Development:
Communication from the
U.S. Department of
Housing and Urban
Development regarding
funding available for
Section 202 and Section
811 Capital Advance
Programs and inviting
applications, upon motion
received and filed.
City of Cedar Rapids:
Communication from
Wade Wagner,
Commissioner of Parks
and Public Property for
Cedar Rapids, expressing
appreciation for the recent
tour of the Port of
Dubuque, upon motion
received and filed.
Business Licenses: Buol
moved adoption of
Resolution No. 137-03
Granting the issuance of a
permit to sell cigarettes
and cigarette papers to A &
B Tap; Resolution No.
138-03 Granting issuance
of a Class "B" Beer Permit
(5-Day Special Event) to
Catfish Festival and
Dubuque Jaycees (Main
Event, Tent A, Tent B, and
Tent C); and Class "C"
Beer Permit to Lien
Oriental American Food,
Beecher Beverage, Oky
Doky #1 and Oky Doky #2
and Resolution No. 139-03
Granting issuance of a
Class "C" Beer / Liquor
License to Breaktime Bar
and Grill, Tott's Tap,
Corner Tap, Charhouse
Restaurant, and Joyce's
Tugboat; Special Class "C"
(BIN) Liquor License to
Athenian Grill; and Class
"B" (WB) Wine Permit to
Beecher Beverage and Oky
Doky #1. Seconded by
Markham. Motion carried
7-0.
ITEMS TO BE SET FOR
PUBLIC HEARING
Vacating Petition - Utility
Easement (Plaza Court):
City Manager recommend-
ing that a public hearing be
set for May 19, 2003 to
consider a request from
Steve Schmitz and Michael
White for the vacating of an
eight -foot wide utility ease-
ment in the City of
Dubuque, upon motion
received and filed. Cline
moved adoption of
Resolution No. 140-03 of
Intent to dispose of interest
and vacate utility easement
over the balance of Lot 4 of
Plaza Court in the City of
Dubuque, Dubuque
County, Iowa and set this
for public hearing on
5/19/03 at a meeting to
commence at 6:30 P.M. in
the public library auditori-
um and that the City Clerk
publish notice in the man-
ner prescribed by law.
Seconded by Nicholson.
Motion carried 7-0.
Quebecor World
Dubuque, Inc.
(Development Agreement -
Tax Increment Financing):
City Manager recommend-
ing approval of the
issuance of tax increment
revenue obligations for
Quebecor World Dubuque,
Inc., and that a public hear-
ing be set for May 19,
2003, upon motion
received and filed. Cline
moved adoption of
Resolution No. 141-03
Fixing the date for a meet-
ing of the 'City Council of
the City of Dubuque, Iowa
on the proposed issuance
of Urban Renewal Tax
IncrementRevenue
Obligations and the execu-
tion of a Development
Agreement relating thereto
with Heartland Financial
USA, Inc., and providing
for the publication of notice
thereof and set this for
public hearing on 5/19/03
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 Nicholson. Motion car-
ried 7-0.
2003 (Fiscal Year 2004)
Asphalt Paving Project:
City Manager recommend-
ing initiation of the public
bidding process for the
2003 (Fiscal Year 2004)
Asphalt Paving Project and
that a public hearing be set
for June 2, 2003, upon
motion received and filed.
Cline moved adoption of
Resolution No. 145-03
Preliminary approval of
plans and specifications;
Resolution No. 146-03
Setting date of hearing on
plans and specifications
for 6/2/03 at a meeting to
commence at 6:30 P.M. in
the public library auditori-
um and that the City Clerk
publish notice in the man-
ner prescribed by law and
Resolution No. 147-03
Ordering bids. Seconded
by Nicholson. Motion car-
ried 7-0.
BOARDS/COMMISSIONS
Appointments to the fol-
lowing Boards /
Commissions: Housing
Code Appeals Board:
Applicant: Ben Durley.
Upon motion Ben burley
was appointed to a three
year term expiring 1/11/06.
PUBLIC HEARINGS
Upon motion the rules
were suspended to allow
anyone present to speak.
3251 Roosevelt Road -
Rezoning Request:. Proof
of publication on notice of
hearing to consider a
request from Fondell
Excavating, Inc. to rezone
property located at 3251
Roosevelt Road from R-1
Single -Family Residential
District to R-2 Two -Family
Residential District and R-3
Moderate Density Multi -
Family Residential District;
Zoning Advisory
Commission recommend-
ing approval, and Zoning
Advisory Commission sub-
mitting the preliminary plat
for Eagle Valley
Subdivision located at
3251 Roosevelt Road as an
information item; commu-
nication from City Manager
regarding the rezoning
request for property at
3251 Roosevelt Road;
Communication from Mr.
and Mrs. Walt Pregler
regarding the rezoning
request for property
described as 3251
Roosevelt Road; commu-
nication from Mary
Schoen -Clark, Regional
President of Mercy
Housing Midwest, in sup-
port of the Roosevelt Road
project, and communica-
tion of Ken and Helen
Heacock in support of the
project, upon motion
received and filed.
Walt Pregler, 2966 Shiras,
spoke in opposition citing
potential water runoff
problems.
John Dolan, 3058 Shiras,
spoke objecting to the
density of this project.
Albert Dolan, 3209
Rnncc..cit I n..,cll
Improvement Company
Addition in the City of
Dubuque, Dubuque
County, Iowa. Seconded
by Cline. Motion carried 7-
0.
Bonson Road Watermain
- Award: Proofs of publica-
tion on notice of hearing on
plans and specifications
and notice to bidders on
the receipt of bids, and
City Manager recommend-
ing award of the contract
for the Bonson Road
Watermain Extension
Project to McDermott
Excavating, upon motion
received and filed. Cline
moved adoption of
Resolution No. 150-03
Adopting plans and speci-
fications for the project and
Resolution No. 151-03
Awarding contract to
McDermott Excavating.
Seconded by Nicholson.
Motion carried 7-0.
Locust Street Connector
Reconstruction Project:
Proofs of publication on
notice of hearing on plans
and specifications and
notice to bidders on the
receipt of bids, and City
Manager recommending
award of the contract for
the Locust Street
Connector Reconstruction
Project to Portzen
Construction, Inc., upon
motion received and filed.
Cline moved adoption of
Resolution No. 152-03
Adopting plans and speci-
fications for the project and
Resolution No. 153-03
Awarding contract to
Portzen Construction, Inc.
Seconded by Connors.
Motion carried 7-0.
Upon motion the rules
were reinstated limiting
discussion to the Council.
ACTION ITEMS
Dubuque Girls
Independent League:
Request of Jill Reimer, Co -
Chair of the Grand
Opening of the Dubuque
Girls Independent League,
to extend personal invita-
tion to Council Members to
the Grand Opening
Ceremonies on Saturday,
May 17, 2003, upop motion
received and filed.
Samantha Reimer spoke
inviting the Council
Members to the Grand
Opening.
Penalties for Tobacco
Permit Holder
(Rescheduled from April 7,
2003 Meeting at Request
of Attorney Art Gilloon):
Police Chief recommend-
ing the assessment of a
civil penalty against one
tobacco permit holder;
communication from Art
Gilloon regarding the sec-
ond offense tobacco sale
involving Kwik Stop, and
communication from Art
Gilloon advising that his
client had chosen the
$1500 civil penalty versus
the 30-day suspension,
upon motion received and
filed and approved the
assessment of the penalty.
Colt's Drum and Bugle
Corp - Demolition
Request: Communication
"of Historic Preservation
Commission recommend-
ing denial of the request of
the Colt's Drum and Bugle
Corps to demolish proper-
ty located at 1112 - 1114
Central Avenue to con-
struct a parking lot and
communication of Michael
J. Visintin regarding the
request to demolish prop-
erty at 1112 -1114 Central
Avenue, presented and
read.
Community Economic.
Betterment Account
(CEBA) application on
behalf of Barnstead
International. Seconded by
Michalski. Motion carried
7-0.
U.S. Army Corps of
Engineers: Communication
of City Manager to Neal
Johnson, U.S. Army Corps
of Engineers, regarding
concerns raised during a
conference call regarding
how the City of Dubuque
defines "reasonably fore- .
seeable" as it relates to the
Southwest Arterial, upon
motion received and filed.
Transit Alternatives
Analysis Purpose and
Needs Statement: City
Manager requesting addi-
tional input from the Mayor
and City Council on the
Dubuque Downtown
Transit Alternatives
Analysis Study, upon
motion received and filed.
Council requested that a
work session be held when
the study is finalized.
There being no further
business upon motion
meeting adjourned at 8:36
P.M.
/s/ Jeanne F. Schneider,
CMC, City Clerk
1 t 5/14
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: May 14, 2003, and for which the charge is $246.78.
Subscribed to before me, a No ry Public in and for Dubuque County, Iowa,
this I ST14 day of { (,Z tx , 20 O .
Nit. ry Public in and for Dubuque County, Iowa.
JANET K. PAPE
Commission Number 199659
Yy Commission Expires 12/11/04
CITY OF DUBUQUE,
IOWA
COUNCIL
PROCEEDINGS
OFFICIAL
City Council, Regular
Session, May 5, 2003
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 a reg-
ular session of the City
Council called for the pur-
pose of discussing such
matters which may proper-
ly come before the City
Council.
Invocation was given by
Pastor Ron Moxon, of
Lighthouse Baptist Church.
Mayor Duggan swore in
Council Member Patricia A.
Cline as Mayor Pro-Tem.
Proclamations: Mental
Health Month (May, 2003)
received by Betty Allen;
Historic Preservation Week
(May 5 - 12, 2003) received
by Chris Wand; Hospital
Week (May 11 - 17, 2003)
received by Kathy, Abba of
The Finley Hospital;
Nursing Home Week (May
11 - 17, 2003) received by
• Barbara Barker of
Dubuque Nursing and
Rehab; Peace Officers
Week (May 11 - 17, 2003)
received by Rev. David
Pacholke and Police Chief
Kim Wadding;
Compassionate Friends
Awareness Week (May 20
- 26, 2003), received by
- Don Phillips.
CONSENT ITEMS
Minutes and Reports
Submitted: Airport
Commission of 4/14; Cable
Community
Teleprogramming
Commission of 4/1; City
Council of 4/21; Downtown
Planning Committee of
4/11; Housing Code
Appeals Board of 12/17;
Investment Oversight
Advisory Commission of
4/24, upon motion
received and filed.
Proofs of publication of
City Council Proceedings
of 4/7/03 and List of
Claims and Summary of
- Revenues for Month
Ending March 31, 2003,
upon motion received and
filed.
Investment Oversight
- Advisory Commission sub-
mitting'the 39th quarterly
report, upon motion
received and filed.
Substance Abuse
Services submitting the
• Third Quarter Report for
Fiscal Year 2003, upon
motion received and filed.
Notice of Claims / Suits:
Stephanie A. Burkart for
personal injury; Chad M.
Chase for vehicle damage;
Keith Kann and Mary
Wilhelm for property dam-
, age; Christopher J. Lang
• for vehicle damage; Melvin
Leibold for property dam-
; age; Randy Schmerbach
. for vehicle damage;
• Jennifer Sheldon for per-
• sonal loss; Delmar M.
' Stevens for vehicle dam-
age, upon motion referred
to the Legal Staff for inves-
tigation 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: Stephanie
Burkart for personal injury;
Chad M. Chase for vehicle
damage; Keith Kann and
Mary Wilhelm for property
damage, upon motion
received and filed and con-
curred.
Corporation Counsel rec-
ommending settlement of
the claims of Christopher
Lang for vehicle damage
within HF 691 (the
- "Reinvention" bill), upon
motion received and filed.
Communication of City
Manager to area legislators
requesting support for two
amendments to the
Reinvention Bill, upon
motion received and filed.
Communication of City
Manager to area legislators
requesting support to
include the arts and culture
in the proposed Iowa
Values Fund, upon motion
received and filed.
Communication of City
Manager to State Senators
Connolly, Stewart and
Hosch regarding Tax
Increment Financing (TIF)
legislation, upon motion
received and filed.
Communication. to State
Representatives Jochum,
Mantemach, Murphy and
Lukan thanking them for
their recent vote in favor of
HF -686 related to Tax
Increment Financing, upon
motion received and filed.
Excess Worker's
Compensation Insurance
Policy: City Manager rec-
ommending approval of
the Excess Worker's
Compensation Insurance
Policy through June 30,
2003, upon motion
received and filed and
approved recommenda-
tion.
280 Locust Street -
Demolition Permit:
Communication from the
-Historic Preservation
Commission recommend-
ing approval of a request
from Scott Neuwoehner /
Cooper Acquisitions,
L.L.C. to demolish property
located at 280 Locust
Street (former Martin Gas
Station), upon motion
received and filed and
approved recommenda-
tion.
Phase IV - Architectural /
Historic Survey:
Communication of City
Manager recommending
approval of a Certified
Local Government (CLG)
Grant Agreement for Phase
IV of the City's
Architectural/Historic
Survey, upon motion
received and filed. Buol
moved adoption of
Resolution No. 134-03
Approving a Certified Local
Government (CLG) Grant
Agreement to conduct an
architectural/historic sur-
vey. Seconded by
Markham. Motion carried
7-0.
City of Sageville
Annexations:
Communication from
William J. Maiers, Attorney
for the City of Sageville,
submitting Notice of
Annexation Applications
and Public Hearing on
Voluntary Annexation
Requests regarding territo-
ry to be annexed into the
City of Sageville, upon
motion received and filed.
City Manager advising
Mayor Ralph Dean of the
City of Dubuque's opposi-
tion to the five proposed
annexations, upon motion
received and filed and
approved opposition.
Dubuque Yacht Basin:
City Manager recommend-
ing approval of a sublease
of City -owned land leased
. by the Dubuque Yacht
Basin, Inc., to Arthur A.
Myatt, Joyce C. Myatt, and
Joyce's Tugboat, Inc.,
upon motion received and
filed. Buol moved adop-
tion of Resolution No. 135-
03 Granting authorization
to Dubuque Yacht Basin to
sublease property leased
from the City of Dubuque
to Arthur A. Myatt, Joyce
C. - Myatt, and Joyce's
Tugboat, Inc. Seconded by
Markham. Motion carried
7-0.
Social Security
Administration Offices:
Communication from
Senator Charles Grassley
regarding the retention of
the offices of the Social
Security Administration in
the Dubuque Post Office
building, upon motion
received and filed.
Greyhound Bus Contract:
City Manager recommend-
ing approval of a contract
with Greyhound Bus Lines
for Keyline Transit to sell
tickets as an independent
agent, upon motion
received and filed and
approved recommenda-
tion.
Certificate of
Achievement -
Government Finance
Officer Association: City
Manager advising that the
Government Finance
Officers Association has
awarded the City of
Dubuque a Certificate of
Achievement for
Excellence in Financial
Reporting for the
Comprehensive Annual
Financial Reports for the
fiscal year ending June 30,
2002, upon motion
received and filed.
Arbor Estates -
Acceptance of Sanitary
Sewer Lift Station: City
Manager recommending
acceptance of the sanitary
sewer lift station that the
developer, Kivlahan Farms,
L.L.C., has recently com-
pleted in Arbor Estates,
upon motion received and
filed. Buol moved adoption
of Resolution No. 136-03
Accepting sanitary sewer
lift station in Arbor Estates.
Corner Tap, Charhouse
Restaurant, and Joyce's
Tugboat; Special Class "C"
(BW) Liquor License to
Athenian Grill; and Class
"B" (WB) Wine Permit to
Beecher Beverage and Oky
Doky #1. Seconded by
Markham. Motion carried
7-0.
ITEMS TO BE SET FOR
PUBLIC HEARING
Vacating Petition - Utility
Easement (Plaza Court):
City Manager recommend-
ing that a public hearing be
set for May 19, 2003 to
consider a request from
Steve Schmitz and Michael
White for the vacating of an
eight -foot wide utility ease-
ment in the City of
Dubuque, upon motion
received and filed. Cline
moved adoption of
Resolution No. 140-03 of
Intent to dispose of interest
and vacate utility easement
over the balance of Lot 4 of
Plaza Court in the City of
Dubuque, Dubuque
County, Iowa and set this
for public hearing on
5/19/03 at a meeting to
commence at 6:30 P.M. in
the public library auditori-
um ar,d that the City Clerk
publish notice in the man-
ner prescribed by law.
Seconded by Nicholson.
Motion carried 7-0.
Quebecor World
Dubuque, Inc.
(Development Agreement -
Tax Increment Financing):
City Manager recommend-
ing approval of the
issuance of tax increment
revenue obligations for
Quebecor World Dubuque,
Inc., and that a public hear-
ing be set for May 19,
2003, upon motion
received and filed. Cline
moved adoption of
Resolution No. 141-03
Fixing the date for a meet-
ing of the 'City Council of
the City of Dubuque, Iowa
on the proposed issuance
of Urban Renewal Tax
Increment Revenue
Obligations and the execu-
tion of a Development
Agreement relating thereto
with Quebecor World
Dubuque, Inc., and provid-
ing for the publication of
notice thereof and setting
this for public hearing on
5/19/03 at a meeting to
commence at 6:30 P.M. in
the public library auditori-
um and that the City Clerk
publish notice in the man-
ner prescribed by law.
Seconded by Nicholson.
Motion carried 7-0.
Adams Company
(Development Agreement):
City Manager recommend-
ing that a public hearing be
set for May 19, 2003 to
consider a Development
Agreement with the Adams
Company for the purchase
of their property in the Port
of Dubuque and relocation
of the company to the
Dubuque Industrial Center
West, upon motion
received and filed. Cline
moved adoption of
Resolution No. 142-03
Fixing the date for a meet-
ing of the City Council of
the City of Dubuque, Iowa
on the execution of a
Development Agreement
relating thereto with the
Adams Company, and pro--
viding for the publication of
notice thereof and set this
for public hearing on
5/19/03 at a meeting to
commence at 6:30 P.M. in
the public library auditori-
um and that the City Clerk
publish notice in the man-
ner prescribed by law.
Seconded by Nicholson.
Motion carried 7-0:
Dubuque Area Industrial
Development Corporation
(Development Agreement -
Tax Increment Financing):
City Manager recommend-
ing approval of the
issuance of tax increment
revenue obligations for the
Dubuque Area Industrial
Development Corporation
and that a public hearing
be set for May 19, 2003,
upon motion received and
filed. Cline moved adop-
tion of Resolution No. 143-
03 Fixing the date for a
meeting of the City Council
of the City of Dubuque,
Iowa on the proposed
issuance of Urban Renewal
Tax Increment Revenue
Obligations and the execu-
tion of a First Amendment
to Development
Agreement relating thereto
with Dubuque Area
Industrial Development
Corporation, and providing
for the publication of notice
thereof and set this for
public hearing on 5/19/03
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 Nicholson. Motion car-
ried 7-0.
Heartland Financial USA,
Inc. (Development
Agreement - Tax
Increment Financing): City
Manager recommending
approval of the issuance of
tax increment revenue
obligations for Heartland
Financial USA, Inc., and
that a public hearing be set
for May 19, 2003, upon
motion received and filed.
Cline moved adoption of
Resolution No. 144-03
Fixing the date for a meet-
ing of the City Council of
the City of Dubuque, Iowa
(;ode Appeals tSoard:
Applicant: Ben Durley.
Upon motion Ben Durley
was appointed to a three
year term expiring 1/11/06.
PUBLIC HEARINGS
Upon motion the rules
were suspended to allow
anyone present to speak.
3251 Roosevelt Road -
Rezoning Request: Proof
of publication on notice of
hearing to consider a
request from Fondell
Excavating, Inc. to rezone
property located at 3251
Roosevelt Road from R-1
Single -Family Residential
District to R-2 Two -Family
Residential District and R-3
Moderate Density Multi -
Family Residential District;
Zoning Advisory
Commission recommend-
ing approval, and Zoning
Advisory Commission sub-
mitting the preliminary plat
for Eagle Valley
Subdivision located at
3251 Roosevelt Road as an
information item; commu-
nication from City Manager
regarding the rezoning
request for property at
3251 Roosevelt Road;
Communication from Mr.
and Mrs. Walt Pregler
regarding the rezoning
request for property
described as 3251
Roosevelt Road; commu-
nication from Mary
Schoen -Clark, Regional
President of Mercy
Housing Midwest, in sup-
port of the Roosevelt Road
project, and communica-
tion of Ken and Helen
Heacock in support of the
project, upon motion
received and filed.
Walt Pregler, 2966 Shiras,
spoke in opposition citing
potential water runoff
problems.
John Dolan, 3058 Shiras,
spoke objecting to the
density of this project.
Albert Dolan, 3209
Roosevelt, Lowell Davis,
3138 Shires, Al Dolan,
3160 Shiras, Jim and
Wendy Jaeger, 2924
Shiras, Paul Conlon, 3156
Shiras, and Nancy Dolan,
3209 Roosevelt, all spoke
in opposition citing the
density of the project and
potential water run-off
problems.
Jim Holz, 489 Marjorie
Circle, as Chair of the
Housing Trust' Fund, spoke
in support of the project.
Cline questioned Public
Works Director Mike Koch
as to Roosevelt Road's
stormwater drainage capa-
bilities and handling of
additional traffic.
Ken Buesing, of Buesing
and Associates, spoke in
support of the proposed
development stating that
the water, run-off problem
has been addressed.
Michalski questioned the
developer Mark Fondell as
to the possibility of reduc-
ing the density of the pro-
ject. Mr. Fondell stated
they have platted the max-
imum lots but may not be
able to build on all of them.
Council discussed this
project at length, stressing
their stated priority of
affordable housing avail-
ability and storm water
retention issues.
Ordinance No. 36-03
Amending Appendix A (the
Zoning Ordinance) of the
City of Dubuque Code of
Ordinances by reclassify-
ing hereinafter described
property located at 3251
Roosevelt Road from R-1
Single -Family Residential
Zoning District to R-2 Two -
Family Residential Zoning
District and R-3 Moderate
Density Multi -Family
Residential Zoning District,
presented and read. 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 consid-
eration and passage of the
Ordinance. Seconded by
Markham. Carried by the
following vote: Yeas - Buol,
Cline, Connors, Duggan,
Markham, Michalski. Nays
- Nicholson.
Stewart Construction -
Voluntary Annexation:
Proof of publication on
notice of hearing to consid-
er a request from Wayne C.
Stewart. President of W.C.
Stewart Construction, Inc.
for the voluntary annexa-
tion of property located
south of Old Highway
Road and west of Seippel
Road, upon motion
received and filed.
Markham moved adoption
of Resolution No. 148-03
Approving application for
voluntary annexation of
territory. Seconded by
Michalski. Motion carried
7-0.
Port of Dubuque -
Vacating of Streets and
Alleys: Proof of publication
on notice of hearing to
consider disposing of City
interest in Lots N, 0, P, Q,
R, S, T, U, and V of
Dubuque Harbor
Improvement Company
Addition to Dubuque
Initiatives, upon motion
received and filed.
Nicholson moved adoption
of Resolution No. 149-03
Disposing of City interest in
Lots N, 0, P, Q, R, S, T, U,
and V of Dubuque Harbor
Morton came° r-v.
Upon motion the rules
were reinstated limiting
discussion to the Council.
ACTION ITEMS
Dubuque Girls
Independent League:
Request of Jill Reimer, Co -
Chair of the Grand
Opening of the Dubuque
Girls Independent League,
to extend personal invita-
tion to Council Members to
the Grand Opening
Ceremonies on Saturday,
May 17, 2003, upon motion
received and filed.
Samantha Reimer spoke
inviting the Council
Members to the Grand
Opening.
Penalties for Tobacco
Permit Holder
(Rescheduled from April 7,
2003 Meeting at Request
of Attorney Art Gilloon):
Police Chief recommend-
ing the assessment of a
civil penalty against one
tobacco permit holder;
communication from Art
Gilloon regarding the sec-
ond offense tobacco sale
involving Kwik Stop, and
communication from Art
Gilloon advising that his
client had chosen the
$1500 civil penalty versus
the 30-day suspension,
upon motion received and
filed and approved the
assessment of the penalty.
Colt's Drum and Bugle
Corp - Demolition
Request: Communication
'of Historic Preservation
Commission recommend-
ing denial of the request of
the Colt's Drum and Bugle
Corps to demolish proper-
ty located at 1112 - 1114
Central Avenue to con-
struct a parking lot and
communication of Michael
J. Visintin regarding the
request to demolish prop-
erty at 1112 -1114 Central
Avenue, presented and
read.
Greg Orwoll, Executive
Director of the Colts, spoke
in favor of demolishing the
building.
Chris Wand, Chair of the
Historic Preservation
Commission, spoke clarify-
ing the Commission's posi-
tion as to their denial.
Michael Visintin, owner of
the building, spoke giving a
history of the losses
incurred as an apartment
house.
Buol moved to receive
and file the communica-
tions and grant the demoli-
tion permit. Second by
Cline. Carried by the fol-
lowing vote: Yeas - Buol,
Cline, Connors, Duggan,
Markham, Nicholson.
Nays - Michalski.
Royal Oaks Development
- Rezoning Request
(Second Reading):
Communication of Victoria
A.A. VonHein-Mott regard-
ing the rezoning of proper-
ty located at the end of
Rhomberg Avenue; com-
munication from Kevin
Koch urging the Council to
reconsider its majority sup-
port for the condominium
proposal along the
Mississippi River; and
communication of
Corporation Counsel Barry
Lindahl regarding an
Indemnification Agreement
to be added to the
Ordinance, upon motion
received and filed.
An Ordinance Amending
Appendix A (the Zoning
Ordinance) of the City of
Dubuque Code of
Ordinances by reclassify-
ing 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 desig-
nation and adopting a
Conceptual Development
Plan with conditions, pre-
sented and read. Buol
moved that the
Indemnification Agreement
be added to the Ordinance,
that the requirement that a
proposed Ordinance be
considered and voted on
for passage at two Council
Meetings prior to the meet-
ing at which it is to be final-
ly passed be suspended
and further moved final
consideration and passage
of the Ordinance.
Seconded by Markham.
Motion failed due to the
following vote: Yeas - Buol,
Duggan, Markham,
Nicholson. Nays - Cline,
Connors, Michalski. Buol
then moved that this be
considered the second
reading of the Ordinance,
as amended to include the
Indemnification
Agreement. Seconded by
Markham. Carried by the
following vote: Yeas - Buol,
Duggan, ,Markham,
Nicholson. Nays - Cline,
Connors, Michalski.
Barnstead International -
Community Economic
Betterment Account
(CEBA) Application: City
Manager recommending
approval of the submittal of
a Community Economic
Development Account
(CEBA) application to the
Iowa Department of
Economic Development on
behalf of Barnstead
International to assist with
a proposed expansion,
upon motion received and
filed. Buol moved adoption
of Resolution No. 154-03
Authorizing the filing of a
Subscribed to before me, a No
this I ST4 day of