Proof Council Minutes 5 19 03Come before
Council
Invocation was given by
Episcopal Church
2003) received by Shirley
Submitted: Cty C(iunci[ of
Board Of May 5; Enterprise
Zoning Ad~ ~ ~1,, 2002i QP0b m0t~on
Zoning Board Of~ ~ N0rthe.a.~._l~'~I of
Ad ustment of Apri 24, ~ ~Si~.,~'~o~~ LU'.pt~wn
upon motion received and ~ ~e~iti~6~ -
JanuarY, 2003, upon
Proof of pubEcation of ~r
Council Proceedings for t~ ~ :
received and filed. '
Department; Becky
referred to the ~
Department for investiga~
tion and report.
Corporation
that
has been referred t
Public Entity Risk Service~
of iowa, the agent for th~
lows Communities
Assurance Pool: Willia~
Miller for property
upon n
flied and concuffed.
Corporation Counsel rec~
ommeeding
of Jennifer Sheldon
seizure Of
referred to the
County Clerk of Court; and
the claim of Delmar M.
i Stevens for vehicle dam-
age be referre
Dep~rtment of
Transpodation, upon
motion received and filed
and COncurred-
setUement
and ~iled and
md
C~ty
Dmepartment to issqe
received and f ed and ced~
Citizen
Pfohl and Clarence P, Pfob[
requesting
portion
pmper~J adj.aceof t~
any and
a
retention basin,
motion
the
in his legislation to
I states w~h the
I heroic downturn.
Communication
he support
Grassley's
upon
filed,
Communication of
Manager
Harkin
session of the iowa
in cuts t¢
Draft letter from Thcm~
G. Bredeweg,
of
League of
STATE OF IOWA
DUBUQUE COUNTY
CERTIFICATION OF l
I, Sherri A. Yutz.y_., a Billing Clerk for W(
corporation, publisher of the Telegraph lq
published in the City of Dubuque, Count2
certify that the attached notice was publis
dates: May 29, 2003, and for ;vhich the cl
Comm
2004 budget upo~motlon
race ved and ~ edi ~
several issues
mOt!on received
'Copy (
~ from
Subscribed to before me,~a,Notary Public:
· this ¢z~ ~/~ day of~
! Cop9 b~ M6~"e~
~ Register a~idle in which'
hell:
and for a
'vide I
Dete6ti0h
STATE OF IOWA
DUBUQUE COUNTY
{SS:
CERTIFICATION OF PUBLICATION
I, Sherri A. Yutz~, 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 29, 2003, and for which the charge is $307.03.
Subscribed to before me~N~otary Public in m~d for Dubuque County, Io~va,
this ~¢*Z~ day of-~
Number 1,5488~I
~xp. FEB. 1, 2005
CITY OF DUBUQUE,
IOWA
COUNCIL
PROCEEDINGS
OFFICIAL
City Council, Regular
Session, May 19, 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 that may properly
come before the City
Council.
Invocation was given by
Father Craig . Welbaum,
Rector, St. John's
Episcopal Church
Proclamations: Poppy
Days (May 23 and 24,
2003) received by Shirley
Strub
CONSENT ITEMS
Minutes and Reports
Submitted: City Council of
May 5 and 8; Electrical
Board of May 5; Enterprise
Zone Commission of May
7; Library Board of
Trustees of March 27;
Zoning Advisory
Commission of April 2;
Zoning Board of
Adjustment of April 24,
upon motion received and
filed.
Printed Council
Proceedings for month of
January, 2003, upon
motion received and filed
and approved as printed.
Proof of publication of
Council Proceedings for
April 21, 2003, upon
motion received and filed.
Finance Director submit-
ting the Financial Reports
for the month ending April
30, 2003, upon motion
received and filed.
Notice of Claims/Suits:
Crestar Mortgage
Corporation/Sun Trust (VA)
vs. Kent J. Blakeman and
Housing Services
Department; Becky
Hanson for property dam-
age; Miller Logging, Inc. for
property damage, upon
motion received and filed
and referred to the Legal
Department for investiga-
tion and report.
Corporation Counsel
advising that the following
claim has been referred to
Public Entity Risk Services
of Iowa, the agent for the
Iowa Communities
Assurance Pool: William
Miller for property damage,
upon motionreceived and
filed and concurred.
Corporation Counsel rec-
ommending that the claim
of Jennifer Sheldon for
seizure of property be
referred to the Dubuque
County Clerk of Court; and
the claim of Delmar M.
Stevens for vehicle dam-
age be referred to the Iowa
Department of
Transportation, upon
motion received and filed
and concurred.
Corporation Counsel rec-
ommending settlement of
the claim of Melvin Leibold
for property damage and
directing the Finance
Department to issue pay-
ment, upon motion
received and filed and con-
curred and Finance
Director to issue payment.
Citizen Communications:
Communication of Donald
Pfohl and Clarence P. Pfohl
requesting to acquire a
portion of City -owned
property adjacent to 3501
Asbury Road, upon motion
received and filed and
referred to the City
Manager
Communication of Werner
Hellmer requesting infor-
mation regarding whether
the Rubloff Development
Group, Inc. shopping mall
(Asbury Plaza) is in compli-
ance with any and all
requirements concerning
installation of a water
retention basin, upon
motion received and filed
and referred to the City
Manager.
Federal Legislative
Communications:
Communication of City
Manager to Senator
Charles Grassley thanking
him for including $20 billion
in his legislation to assist
states with the current eco-
nomic downturn.
Communication of City
Manager to Congressman
Jim Nussle requesting that
he support Senator
Grassley's legislation,
upon motion received and
filed.
Communication of City
Manager to Senator Tom
Harkin requesting that he
support Senator Grassley's
legislation, upon motion
received and filed.
State Legislative
Communication:
Communication of City
Manager to local legisla-
tors requesting their sup-
port of a proposal being
considered for the special
session of the Iowa State
Legislature that would help
the City avoid $1.2 million
in cuts to the Fiscal Year
2004 budget, upon motion
received and filed.
Draft letter from Thomas
G. Bredeweg, Executive
Director of the Iowa
League of Cities, to
Governor Vilsack regarding
seling to FSS Program par-
ticipants, upon motion
received and filed and
approved.
Fiscal Year 2003 Annual
Action Plan - Amendment
#4: City Manager recom-
mending approval of pro-
posed changes in the
City's Community
Development Block Grant
(CDBG) FY 2003 Annual
Action Plan due to the
anticipated increase in pro-
gram income, upon motion
received and filed. Buol
moved adoption of
Resolution No. 155-03
Approving Amendment 4
to the Fiscal Year 2003
(Program Year 2002)
Annual Action Plan for
Community Development
Block Grant Funds.
Seconded by Markham.
Motion carried 7-0.
Mediacom 2002 Annual
Report: Communication
from Julien D'Ancona,
Director of Accounting for
Mediacom, submitting
financial reports covering
operational and financial
conditions as of December
31, 2002, upon motion
received and filed.
Northeast Iowa School of
Music for Uptown
Recreation Programs -
Fiscal Year 2004
Agreement: City Manager
recommending approval of
the grant agreement with
the Northeast Iowa School
of Music to provide music
lessons in Fiscal year 2004
as part of the Uptown
Recreation Program, upon
motion received and filed
and approved.
ISU Extension Services
for Uptown Recreation
Programs - Fiscal Year
2003 Agreement: City
Manager recommending
approval of the grant
agreement with the ISU
Extension Services to pro-
vide summer programs
from June 9th through
June 30th as part of the
Uptown Recreation
Program, upon motion
received and filed and
approved.
ISU Extension Services
for Uptown Recreation
Programs - Fiscal Year
2004 Agreement: City
Manager recommending
approval of the grant
agreement with the ISU
Extension Services to pro-
vide summer programs in
Fiscal Year 2004 as part of
the Uptown Recreation
Program, upon motion
received and filed and
approved.
Dubuque Museum of Art
for Uptown Recreation
Programs - Fiscal Year
2003 Agreement: City
Manager recommending
approval of the grant
agreement with the
Dubuque Museum of Art to
provide summer art pro-
grams from June 9th
through June 30th as part
of the Uptown Recreation
Program, upon motion
received and filed and
approved.
Dubuque Museum of Art
for Uptown Recreatioit-
Programs - Fiscal Year
2004 Agreement: Cite
Manager recommendint:•
approval of the grant
agreement with the
Dubuque Museum of Art to,
provide summer art pro -
grams in Fiscal Year 2004
as part of the Uptown
Recreation Program, upon _
motion received and filed
and approved.
Four Mounds Foundation
for Summer Day Camp
Program - Fiscal Yew
2003 Agreement: City
Manager recommending i
approval of the grant
agreement with the Four
Mounds Foundation to
provide the summer day ,
camp program from June
9th through June 30th as
part of the Uptown
Recreation Program, upon
motion received and filed
and approved.
Four Mounds Foundation
for Summer Day Camp
Program - Fiscal Year
2004 Agreement: City
Manager recommending
approval of the grant
agreement with the Four
Mounds Foundation to
provide the summer day
camp program in Fiscal
Year 2004 as part of the
Uptown Recreation
Program, upon motion
received and filed and ,
approved.
Riverwalk 4th Addition -
Final Plat: Zoning Advisory
Commission recommend-
ing approval of the final
plat of Riverwalk 4th
Addition at East 5th and
Bell Street as requested by
the City of Dubuque, upon
motion received and filed.
Buol moved adoption of
Resolution No. 156-03
Approving the final plat of
Riverwalk 4th Addition in
the City of Dubuque, Iowa.
Seconded by Markham.
Motion carried 7-0.
Dubuque Storage and
Transfer - Minor Final Plat
of Liebe's Subdivision No.
3: Zoning Advisory
Commission recommend-
ing approval of the minor
final plat of Liebe's
Subdivision No. 3 as
requested by Dubuque
Department of
Transportation Statewide
Transportation
Enhancement Funds for
the Heritage Trail
Extension from the Heron
Pond Wetlands Nature
Trail to the Dubuque
Jaycees Trail. Seconded
by Markham. Motion car-
ried 7-0.
Interstate Power Rate
Case: City Manager sub-
mitting the conclusion of
the Interstate Power Rate
Case; upon motion
received and filed.
Platinum Hospitality -
Certificate of Completion:
City Manager recommend-
ing approval of a
Certificate of Completion
for Platinum Holdings,
LLC, acknowledging com-
pletion of its obligations to
construct the minimum
improvements as required
in the Development
Agreement related to the
Grand Harbor Resort and
Waterpark project, upon
motion received and filed
and approved.
Annexation Study Update
Consultant
Recommendation: City
Manager recommending
approval of a contract with
Veenstra & Kimm, Inc. to
Update the City's
l�nnexation Study, upon
motion received and filed
and approved.
Ice Harbor Pump
Replacement Project: City
Manager recommending
acceptance of the Ice
Harbor Pump Replacement
Project in the final contract
amount of $174,550.00,
upon motion received and
filed. Buol moved adop-
tion of Resolution No. 160-
03 Accepting improvement
and Resolution No. 161-03
Approving final contract
amount. Seconded by
Markham. Motion carried
7-0.
Historic Preservation
Commission:
Communication from
Christopher Wand,
Chairperson of the Historic
Preservation Commission,
advising that Commission
Member Chris Schoepner,
and Class "B" Wine Permit
to Hy-Vee Food Store #1.
Seconded by Markham.
Motion carried 7-0.
ITEMS TO BE SET FOR
PUBLIC HEARING
Vacating Petition -
Railroad Street in Centre
Grove Addition: City
Manager recommending
that a public hearing be set
for June 2, 2003 to consid-
er a request from Flint
Drake, representing the
estate of Edward J.
Zalaznik, for the vacating
of Railroad Street in Centre
Grove Addition, upon
motion received and Michalski moved moved adoption
of Resolution No. 164-03
Approving plat of proposed
vacated Railroad Street in
Centre Grove Addition.
Seconded by Cline. Motion
carried 7-0.
Ordinance No. 38-03
Vacating Railroad Street in
Centre Grove Addition,
presented and read.
Michalski moved that the
requirement that the pro-
posed Ordinance be con-
sidered and voted on for
passage at two Council
Meetings prior to the meet-
ing at which it is to be final-
ly passed by suspended
and further moved final
consideration and passage
of the Ordinance.
Seconded by Cline. Motion
carried 7-0.
Michalski moved adop-
tion of Resolution No. 165-
03 of Intent to dispose of
City interest in Lots 21A
and 22A of Centre Grove
Addition in the City of
Dubuque, Dubuque
County, Iowa and further
set this for Public Hearing
on June 2, 2003 at a meet-
ing to commence at 6:30
P.M. in the Public Library
Auditorium and direct the
City Clerk to publish notice
in the manner prescribed
by law. Seconded by
Cline. Motion carried 7-0
Expansion of Vessel
Systems, Inc. at the
Dubuque Industrial Center
West: City Manager rec-
ommending that a public
hearing be set for June 2,
2003 to consider the dis-
Ordering bids. Seconded
by Cline. Motion carried 7-
0
West Locust Street
Manhole Replacement
Project - Initiate: City
Manager recommending
initiation of the public bid-
ding process for the West
Locust Street Manhole
Replacement Project and
that a public hearing be set
for June 16, 2003, upon
motion received and filed.
Michalski moved adoption
of Resolution No. 170-03
Preliminary approval of
plans and specifications,
Resolution No. 171-03
Setting date of hearing on
the plans and specifica-
tions for June 16, 2003 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, and
Resolution No. 172-03
Ordering bids. Seconded
by Cline. Motion carried 7-
0
PUBLIC HEARINGS
Upon motion the rules
were suspended to allow
anyone present to speak.
QHQ Properties -
Request to Rezone:
Communication from
Kenneth L. Buesing, on
behalf of QHQ Properties,
requesting that this item be
tabled to the June 2, 2003
meeting; Proof of publica-
tion on notice of hearing to
consider rezoning property
located south of Holliday
Drive, west of the
Northwest Arterial, from
AG Agricultural District to
C-3 General Commercial
zoning district at the
request of QHQ Properties
and Zoning Advisory
Commission recommend-
ing approval, with condi-
tions, and an Ordinance
Amending Appendix A (the
Zoning Ordinance) of the
City of Dubuque Code of
Ordinances by reclassify-
ing hereinafter described
property located south of
Holliday Drive, west of the
Northwest Arterial, from
AG Agricultural District to
C-3 General Commercial
that the requirement that
the 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 sus-
pended and further moved
final consideration and
passage of the Ordinance.
Seconded by Buol. Motion
carried 7-0.
Kennedy Mall, Ltd - 555
John F. Kennedy Road -
Amend PUD: Proof of pub-
lication on notice of hear-
ing to consider amending
the Planned Unit
Development District for
property located at 555
John F. Kennedy Road to
add a 30,008 square foot
detached retail store (Best
Buy) at the southeast cor-
ner of the mall site at the
request of Kennedy Mall,
Ltd./David M.
DeChristofaro and Zoning
Advisory Commission rec-
ommending approval,
upon motion received and
filed.
Mike Coyle, 200 Security
Building, spoke in support
of the amendment to the
Planned Unit Development
District on behalf of the
Cafaro Company.
Ordinance No. 40-03
Amending Appendix A (the
Zoning Ordinance) of the
City of Dubuque Code of
Ordinances by providing
for the amendment of the
Kennedy Mall PUD
Planned Unit Development
with a PC Planned
Commercial Designation
and adopting an amended
Conceptual Development
Plan, presented and read.
Markham moved that the
requirement that the pro-
posed Ordinance be con-
sidered 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 Buol. Motion
carried 7-0.
Hy-Vee, Inc./Rubloff
Development Group, Inc. -
Amend PUD: Proof of pub -
Schmitz and Michael White
for the vacating of an eight -
foot wide utility easement
in the City of Dubuque and
City Manager recommend-
ing approval, upon motion
received and filed. Cline
moved adoption of
Resolution No. 173-03
Disposing of interest and
vacate utility easement
over the balance of Lot 4 of
Plaza Court in the City of
Dubuque, Dubuque
County, Iowa. Seconded
by Connors. Motion car-
ried 7-0.
Quebecor World
Dubuque, Inc.
Development Agreement -
Tax Increment Financing:
Proof of publication on
notice of hearing to consid-
er the issuance of tax
increment revenue obliga-
tions for Quebecor World
Dubuque, Inc., and the
execution of a
Development Agreement
and City Manager recom-
mending approval, upon
motion received and filed.
Cline moved adoption of
Resolution No. 174-03
Authorizing the execution
of a Development
Agreement with Quebecor
World Dubuque, Inc.
Seconded by Nicholson.
Motion carried 7-0.
Development Agreement
'- Adams Company: Proof
of publication on notice of
hearing 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 and City Manager
recommending approval,
and communication from
City Manager to John
Hendry, The Adams
Company, regarding the
Dubuque Industrial Center
West maintenance assess-
ments, upon motion
received and filed.
Rhodes (Bud) Isenhart,
8968 Quail Ridge Road,
spoke in opposition to the
City's purchase of this
property due to the current
budget problems the City
Agreement with F
Financial USA
Seconded by Ni
Motion carried 7-0
Fiscal Year 200:
Amendment: Proo
lication on notice
ing to consider a
amendment to th
Year 2003 budget
Manager recomi
approval of the
ment, upon
received and
Michalski moved
of Resolution No.
Amending the can
get for the fiscal y
ing June 30,
Seconded by Cline
carried 7-0.
Iowa Street
Skywalk Impr
Project: Proofs of
tion on notice of hi
plans and speci
and notice to bic
the receipt of bl
City Manager recc
ing award of the
for the Iowa Stre
Skywalk Impr
Project to Dubugi
Company in the a
$31,313, upon
received and
Markham moved
of Resolution No
Adopting plans ar
fications for the pr
Resolution No.
Awarding cont
Dubuque Glass C
Seconded by Buol
carried 7-0.
Upon motion 1
were reinstated
discussion to the
ACTION ITE
Timothy Wardl
Communication
Corporation
advising that
Wardle had requ
address the
regarding the den
claim against the
vehicle damage
motion received e
Mr. Wardle spoke
port of his cla
requested that it
vestigated.
Fiscal Yee
Community Pa
(cp2) Program
Manager recom
nru-srnstol of fhc ma
I ClALIGalliiy CO -All,
portion of City -owned
property adjacent to 3501
Asbury Road, upon motion
received and filed and
referred to the City
Manager
Communication of Werner
Hellmer requesting infor-
mation regarding whether
the Rubloff Development
Group, Inc. shopping mall
(Asbury Plaza) is in compli-
ance with any and all
requirements concerning
installation of a water
retention basin, upon
motion received and filed
and referred to the City
Manager.
Federal Legislative
Communications:
Communication of City
Manager to Senator
Charles Grassley thanking
him for including $20 billion
in his legislation to assist
states with the current eco-
nomic downturn.
Communication of City
Manager to Congressman
Jim Nussle requesting that
he support Senator
Grassley's legislation,
upon motion received and
filed.
Communication of City
Manager to Senator Tom
Harkin requesting that he
support Senator Grassley's
legislation, upon motion
received and filed.
State Legislative
Communication:
Communication of City
Manager to local legisla-
tors requesting their sup-
port of a proposal being
considered for the special
' session of the Iowa State
Legislature that would help
the City avoid $1.2 million
in cuts to the Fiscal Year
2004 budget, upon motion
received and filed.
Draft letter from Thomas
G. Bredeweg, Executive
Director of the Iowa
League of Cities, to
Governor Vilsack regarding
several issues, upon
motion received and filed.
Copy of press release
from the Senate
Democratic Leader on fed-
eral assistance to cities,
upon motion received and
filed.
Copy Des Moines
Register article in which
members of Republican
Majority caution against
counting on any federal
help to cover cuts to local
govemments, upon motion
received and filed.
Jacobson's Inc. Lease:
Communication from John
C. O'Connor, representing
Jacobson's Inc., request-
ing that the lease between
Jacobson's Inc. and the
City of Dubuque be
extended through
September 14, 2005, upon
motion received and filed
and approved.
Dubuque Community
Schools: Communication
of -Thomas Determan,
Dubuque Community
Schools, submitting the
results of Sixth and
Seventh Grade students'
work at the Young Citizens'
Forum held on March 19,
2003, upon motion
received and filed.
Family Self -Sufficiency
and Homeownership
Program: City Manager
recommending approval of
the submittal of an applica-
tion to the U.S. Department
of Housing and Urban
Development (HUD) for
funds to renew the Family
Self -Sufficiency Program
(FSS) Coordinator position
and for a contract with ISU
County Extension to pro-
vide homeownership coun-
as part of the Uptown '+-
Recreation Program, upon _
motion received and filed..1
and approved.
Four Mounds Foundation
for Summer Day Camp
Program - Fiscal Year :'
2003 Agreement: City '
Manager recommending
approval of the grant'.
agreement with the Four
Mounds Foundation to
provide the summer day ,
camp program from - June'
9th through June 30th as
part of the Uptown.
Recreation Program, upon..
motion received and filed'
and approved.
Four Mounds Foundation •
for Summer Day Camp
Program - Fiscal Year
2004 Agreement: City
Manager recommending
approval of the grant
agreement with the Four
Mounds Foundation to
provide the summer day
camp program in Fiscal
Year 2004 as part of the
Uptown Recreation
Program, upon motion
received and filed and
approved.
Riverwalk 4th Addition -
Final Plat: Zoning Advisory
Commission recommend-
ing approval of the final
plat of Riverwalk 4th
Addition at East 5th and
Bell Street as requested by
the City of Dubuque, upon
motion received and filed.
Buol moved adoption of
Resolution No. 156-03
Approving the final plat of
Riverwalk 4th Addition in
the City of Dubuque, Iowa.
Seconded by Markham.
Motion carried 7-0.
Dubuque Storage and
Transfer - Minor Final Plat
of Liebe's Subdivision No.
3: Zoning Advisory
Commission recommend-
ing approval of the minor
final plat of Liebe's
Subdivision No. 3 as
requested by Dubuque
Storage and
Transfer/Patrick Tobin for i
property located at 3040
Elm Street, upon motion
received and filed. Buol
moved adoption of
Resolution No. 157-03
approving the final plat of
Liebe's Subdivision No. 3
in the City of Dubuque,
Iowa. Seconded by
Markham. Motion carried
7-0.
Dubuque Community
School District' - Major
Final Plat: Zoning Advisory
Commission recommend-
ing approval of the major
final plat of Lot 1, Lot 2, Lot
16, Lot 17, westerly 50 feet
of Lot 18, east 50 feet of
Lot 18, and Lot 1A in _
Columbia Addition as
requested by the Dubuque
Community School -
District, upon motion •
received and filed. Buol
moved adoption of
Resolution No. 158-0
Approving the plat of
Bryant School Place in the
City of Dubuque, Iowa.
Seconded by Markham.
Motion carried 7-0.
Heritage Trail Extension
Grant Agreement: City
Manager recommending
approval of a grant agree-
ment with the Iowa
Department of
Transportation for
Statewide Transportation
Enhancement Funds for
the extension of Heritage
Trail from the Heron Pond
Wetlands Trail to the
Dubuque Jaycees Trail,
upon motion received and
filed. Buol moved adop-
tion of Resolution No. 159-
03 Authorizing a grant
agreement for Iowa
ayu
Jaycees Trail. Seconded
by Markham. Motion car-
ried 7-0.
Interstate Power Rate
Case: City Manager sub-
mitting the conclusion of
the Interstate Power Rate
Case, upon motion
received and filed.
Platinum Hospitality -
Certificate of Completion:
City Manager recommend-
ing approval of a
Certificate of Completion
for Platinum Holdings,
LLC, acknowledging com-
pletion of its obligations to
construct the minimum
improvements as required
in the Development
Agreement related to the
Grand Harbor Resort and
Waterpark project, upon
motion received and filed
and approved.
Annexation Study Update
Consultant
Recommendation: City
Manager recommending
approval of a contract with
Veenstra & Kimm, Inc. to
update the City's
Annexation Study, upon
motion received and filed
and approved.
Ice Harbor Pump
Replacement Project: City
Manager recommending
acceptance of the Ice
Harbor Pump Replacement
Project in the final contract
amount of $174,550.00,
Upon motion received and
filed. Buol moved adop-
tion of Resolution No. 160-
03 Accepting improvement
and Resolution No. 161-03
Approving final contract
amount. Seconded by
Markham. Motion carried
7-0.
Historic Preservation
Commission:
Communication from
Christopher Wand,
Chairperson of the Historic
Preservation Commission,
advising that Commission
Member Chris Schoepner,
representative from the
Cathedral Historic
Preservation District, has
decided not to reapply for
a second term, upon
motion received and filed.
DMATS Policy Board:
Communication of the City
Manager to the DMATS
Policy Board requesting
that Economic
Development Director Bill
Baum be appointed as a
proxy anytime two Council
Members or the City
Manager are not in atten-
dance at DMATS Policy
Board meetings, upon
motion received and filed
and approved.
Business License Refund:
Request of Liquor Depot of
Dubuque for a refund of
their Class C Beer Permit in
the amount of $150.00,
upon motion received and
filed and approved refund.
Business Licenses Buol
moved . adoption of
Resolution No. 162-03
Granting the issuance of a
Class "C" Beer Permit to
Hy-Vee Food Store #1,
Casey's General Store
#2421, and Casey's
General Store #2420 and
Resolution No. 163-03
Granting issuance of a
Class "A" (Club) Liquor
License to Dubuque Golf
and Country Club; Class
"C" Beer/Liquor License to
Stonewall / Bricktown /
Blackwater Grill, Demp-
y`ey's / Molly's Pub and
Grub, Joyce's Tugboat
(Outdoor Service),
Breaktime Bar and Grill,
Clarke College, and
Denny's Lux Club; Special
Glass "C" Liquor License
to Four Seasons Buffet;
Grove Addition: City
Manager recommending
that a public hearing be set
for June 2, 2003 to consid-
er a request from Flint
Drake, representing the
estate of Edward J.
Zalaznik, for the vacating
of Railroad Street in Centre
Grove Addition, upon
motion received and filed. -
Michalski moved adoption
of Resolution No. 164-03
Approving plat of proposed
vacated Railroad Street in
Centre Grove Addition.
Seconded by Cline. Motion
carried 7-0.
Ordinance No. 38-03
Vacating Railroad Street in
Centre Grove Addition,
presented and read.
Michalski moved that the
requirement that the pro-
posed Ordinance be con-
sidered and voted on for
passage at two Council
Meetings prior to the meet-
ing at which it is to be final-
ly passed by suspended
and further moved final
consideration and passage
of the Ordinance.
Seconded by Cline. Motion
carried 7-0.
Michalski moved adop-
tion of Resolution No. 165-
03 of Intent to dispose of
City interest in Lots 21A
and 22A of Centre Grove
Addition in the City of
Dubuque, Dubuque
County, Iowa and further
set this for Public Hearing
on June 2, 2003 at a meet-
ing to commence at 6:30
P.M. in the Public Library
Auditorium and direct the
City Clerk to publish notice
in the manner prescribed
by law. Seconded by
Cline. Motion carried 7-0
Expansion of Vessel
Systems, Inc. at the
Dubuque Industrial Center
West: City Manager rec-
ommending that a public
hearing be set for June 2,
2003 to consider the dis-
position of Lots 7 and 8 in
Dubuque Industrial Center
West 2nd Addition to
Vessel Systems, Inc. for
the purpose of construct-
ing a 31,000 square foot
manufacturing facility and
approval of a Development
Agreement with Vessel
Systems, Inc., upon motion
received and filed.
Michalski moved adoption
of Resolution No. 165-03
of Intent to dispose of Lots
7 and 8 in the Dubuque
Industrial Center West 2n'd
Addition by sale to Vessel
Systems, Inc. and further
set this for Public Hearing
on June 2, 2003 at a meet-
ing to commence at 6:30
P.M. in the Public Library
Auditorium and direct the
City Clerk to publish notice
in the manner prescribed
by law. Seconded by
Cline. Motion carried 7-0
Port of Dubuque
Recognition Wall - Initiate:
City Manager recommend-
ing initiation of the public
bidding process for the
Port of Dubuque
Recognition Wall Project
and that a public hearing
be set for June 16, 2003,
upon motion received and
filed. Michalski moved
adoption of Resolution No.
167-03 Preliminary
approval of plans and
specifications, Resolution
No. 168-03 Setting date of
hearing on the plans and
specifications for June 16,
2003 at a meeting to com-
mence at 6:30 P.M. in the
Public Library Auditorium
and that the City Clerk
publish notice in the man-
ner prescribed by law, and
Resolution No. 169-03
ding process for the West
Locust Street Manhole
Replacement Project and
that a public hearing be set
for June 16, 2003, upon
motion received and filed.
Michalski moved adoption
of Resolution No. 170-03
Preliminary approval of
plans and specifications,
Resolution No. 171-03
Setting date of hearing on
the plans and specifica-
tions for June 16, 2003 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, and
Resolution No. 172-03
Ordering bids. Seconded
by Cline. Motion carried 7-
0
PUBLIC HEARINGS
Upon motion the rules
were suspended to allow
anyone present to speak.
QHQ Properties -
Request to Rezone:
Communication from
Kenneth L. Buesing, on
behalf of QHQ Properties,
requesting that this item be
tabled to the June 2, 2003
meeting; Proof of publica-
tion on notice of hearing to
consider rezoning property
located south of Holliday
Drive, west of - the
Northwest Arterial, from
AG Agricultural District to
C-3 General Commercial
zoning district at the
request of QHQ Properties
and Zoning Advisory
Commission recommend-
ing approval, with condi-
tions, and- an Ordinance
Amending Appendix A (the
Zoning Ordinance) of the
City of Dubuque Code -of
Ordinances by reclassify-
ing hereinafter described
property located south of
Holliday Drive, west of the
Northwest Arterial, from
AG Agricultural District to
C-3 General Commercial
zoning district, with condi-
tions, presented and read.
Markham moved that this
item be tabled to the meet-
ing of June 2, 2003.
Seconded by Michalski.
Motion carried 6-0, with
Mayor Duggan abstaining
due to possible conflict of
interest.
3280 Pennsylvania
Avenue - Request to
Rezone: Proof of publica-
tion on notice of hearing to
consider rezoning property
located at 3280
Pennsylvania Avenue from
R-1 Single -Family
Residential District to C-2
Neighborhood Shopping
Center District at the
request of Steve and Judy
Selchert and Zoning
Advisory Commission rec-
ommending approval,
upon motion received and
filed.
Steve Selchert, Steve's
Ace Hardware, spoke in
support of the rezoning.
Loren Zihlke, 3266
Kensington Place; Mary
Ehlert of 3278 Kensington
Place; and Darlene Hogan
of 3277 Kensington Place
spoke in opposition to the
rezoning citing increased
traffic and flooding prob-
lems in the area.
Ordinance No. 39-03
Amending Appendix A (the
Zoning Ordinance) of the
City of Dubuque Code of
Ordinances by reclassify-
ing hereinafter described
property located at 3280
Pennsylvania Avenue from
R-1 Single -Family
Residential District to C-2
Neighborhood Shopping
Center District, presented
and read. Markham moved
final consideration and
passage of the Ordinance.
Seconded by Buol. Motion
carried 7-0.
Kennedy Mall, Ltd - 555
John F. Kennedy Road -
Amend PUD: Proof of pub-
lication on notice of hear-
ing to consider amending
the Planned Unit
Development District for
property located at 555
John F. Kennedy Road to
add a 30,008 square foot
detached retail store (Best
Buy) at the southeast cor-
ner of the mall site at the
request of Kennedy Mall,
Ltd./David M.
DeChristofaro and Zoning
Advisory Commission rec-
ommending approval,
upon motion received and
filed.
Mike Coyle, 200 Security
Building, spoke in support
of the amendment to the
Planned Unit Development
District on behalf of the
Cafaro Company.
Ordinance No. 40-03
Amending Appendix A (the
Zoning Ordinance) of the
City of Dubuque Code of
Ordinances by providing
for the amendment of the
Kennedy Mall PUD
Planned Unit Development
with a PC Planned
Commercial Designation
and adopting an amended
Conceptual Development
Plan, presented and read.
Markham moved that the
requirement that the pro-
posed Ordinance be con-
sidered 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 Buol. Motion
carried 7-0.
Hy-Vee, Inc./Rubloff
Development Group, Inc. -
Amend PUD: Proof of pub-
lication on notice of hear-
ing to consider amending
the list of permitted uses
for the Asbury Plaza
Planned Commercial
District to include a conve-
nience store and carwash
at the request of Hy-Vee,
Inc./Rubloff Development
Group, Inc., and Zoning
Advisory Commission rec-
ommending approval,
upon motion received and
filed.
Jeff Markey, Hy-Vee, Inc.,
spoke in support of the
amendment to the Planned
Unit Development District.
Ordinance No. 41-03
Amending Appendix A (the
Zoning Ordinance) of the
City of Dubuque Code of
Ordinances for hereinafter
described property located
at the northwest comer of
Asbury Road and the
Northwest Arterial to
amend Ordinance No. 44-
00 that established the
PUD Planned Unit
Development District for
Asbury Plaza and adopting
an amended list of permit-
ted uses, presented and
read. Buol moved that the
requirement that the pro-
posed Ordinance be con-
sidered 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 Nicholson.
Motion carried 7-0.
Vacating Petition - Utility
Easement (Plaza Court):
Proof of publication on
notice of hearing to consid-
er a request from Steve
Resolution No. 173-03
Disposing of interest and
vacate utility easement
over the balance of Lot 4 of
Plaza Court in the City of
Dubuque, Dubuque
County, Iowa. Seconded
by Connors. Motion car-
ried 7-0.
Quebecor World
Dubuque, Inc.
Development Agreement -
Tax Increment Financing:
Proof of publication on
notice of hearing to consid-
er the issuance of tax
increment revenue obliga-
tions for Quebecor World
Dubuque, Inc., and the
execution of a
Development Agreement
and City Manager recom-
mending approval, upon
motion received and filed.
Cline moved adoption of
Resolution No. 174-03
Authorizing the execution
of a Development
Agreement with Quebecor
World Dubuque, Inc.
Seconded by Nicholson.
Motion carried 7-0.
Development Agreement
- Adams Company: Proof
of publication on notice of
hearing 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 and City Manager
recommending approval,
and communication from
City Manager to John
Hendry, The Adams
Company, regarding the
Dubuque Industrial Center
West maintenance assess-
ments, upon motion
received and filed.
Rhodes (Bud) Isenhart,
8968 Quail Ridge Road,
spoke in opposition to the
City's purchase of this
property due to the current
budget problems the City
is experiencing and sug-
gested it be deferred.
Cline moved adoption of
Resolution No. 175-03
Authorizing the execution
of - a Development
Agreement with The
Adams Company.
Seconded by Nicholson.
Motion carried 7-0.
Dubuque Area Industrial
Development Corporation:
Proof of publication on
notice of hearing to consid-
er the issuance of tax
increment revenue obliga-
tions for the Dubuque Area
Industrial Development
Corporation and the exe-
cution of a First
Amendment to the
Development Agreement
relating thereto and City
Manager recommending_
approval, upon motion
received and filed.
Markham moved adoption
of Resolution No. 176-03
Authorizing the execution
of a First Amendment to
Development Agreement
with Dubuque Area
Industrial Development
Corporation. Seconded by
Nicholson. Motion carried
7-0.
Heartland Financial USA,
Inc.: Proof of publication
on notice of hearing to
consider the issuance of
tax increment revenue
obligations for Heartland
Financial USA, Inc., and
the execution of a
Development Agreement
and City Manager recom-
mending approval, upon
motion received and filed.
Cline moved adoption of
Resolution No. 177-03
Authorizing the execution
of a Development
amendment to the Fiscal
Year 2003 budget and City
Manager - recommending
approval of the amend-
ment, upon motion
received and filed.
Michalski moved adoption
of Resolution No. 178-03
Amending the current bud-
get for the fiscal year end-
ing June 30, 2003.
Seconded by Cline. Motion
carried 7-0.
Iowa Street Ramp
Skywalk Improvement
Project: 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 Iowa Street Ramp
Skywalk Improvement
Project to Dubuque Glass
Company in the amount of
$31,313, upon motion
received and filed.
Markham moved adoption
of Resolution No. 179-03
Adopting plans and speci-
fications for the project and
Resolution No. 180-03
Awarding contract to
Dubuque Glass Company.
Seconded by Buol. Motion
carried 7-0.
Upon motion the rules
were reinstated limiting
discussion to the Council.
ACTION ITEMS
Timothy Wardle Claim:
Communication from
Corporation Counsel
advising that Timothy
Wardle had requested to
address the Council
regarding the denial of his
claim against the City for
vehicle damage, upon
motion received and filed.
Mr. Wardle spoke in sup-
portof his claim and
requested that it be rein-
vestigated.
Fiscal Year 2004
Community Partnership
(cp2) Program: City
Manager recommending
approval of the recommen-
dation of the Community
Development Advisory
Commission for allocation
of Community Partnership
Program (cp2) funds, upon
motion received and filed.
Michalski moved adoption
of Resolution No. 181413
Authorizing the award of
Community Partnership
Program (cp2) Funds for
Fiscal Year 2004.
Seconded by Connors.
Motion carried 7-0.
Phase III
Architectural/Historic
Survey: City Manager sub-
mitting the draft report for
the Phase III
Architectural/Historic
Survey and requesting City
Council review and com-
ment on the draft report,
upon motion received and
filed.
Bee Branch Alignment
Study - Consultant
Selection: City Manager
recommending approval of
the selection of Camp
Dresser & McKee to pro-
vide engineering and
design services for the Bee
Branch Alignment Study at
a cost of $249,844, pre-
sented and read. Buol
moved to receive and file
the communication and
approve the recommenda-
tion of the City Manager.
Seconded by Connors.
Motion carried by the fol-
lowing vote: Yeas: Buol,
Cline, Connors, Markham,
Michalski, Nicholson.
Nays: Duggan.
Carter Road Detention
Basin - Consultant
Selection: City Manager
recommending approval of
a contract with Veenstra
mendation of the City
Manager. Seconded by
Nicholson. Motion carried
7-0.
Wayfinding Sign Program:
City Manager submitting
the final design for the
Highway signs and the
revised designs for the
College Grandview, Port of
Dubuque, and West End
Tourism Districts for the
Wayfinding Sign Program,
presented and read.
Council expressed appre-
ciation to the Wayfinding
Sign Task Force for their
extra effort and the new
designs. Cline moved to
receive and file the com-
munication and approve
the final design. Seconded
by Nicholson. Motion car-
-ried 7-0.
Community Development
Advisory Commission
Reorganization: City
Manager recommending
approval of an amendment
to the Code of Ordinances
to change the method of
selection of members to
the Community
Development Advisory
Commission, upon motion
received and filed.
Ordinance No. 42-03
Amending the Code of
Ordinances, City of
Dubuque, Iowa, Chapter
15, Community
Development Section 15-
46 relating to membership
of the Community
Development Advisory
Commission, presented
and read. Buol moved that
the requirement that the
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 by suspended
and further moved final
consideration and passage
of the Ordinance.
Seconded by Nicholson.
Motion carried 7-0.
America's River
Corporation: City Manager
recommending approval of
the City's participation as a
charter and, permanent
board member for the
America's River
Corporation, the City
Manager serving as the
City's representative and
the expenditure of up to
$7,500 as a portion of
startup costs for the
Corporation, upon motion
received . and filed and
approved.
Vessel Systems - CEBA
Application: City Manager
recommending approval of
a Community Economic
Betterment Account
(CEBA) program applica-
tion on behalf of Vessel
Systems to the Iowa
Department of Economic
Development to help fund
an expansion program,
upon motion received and
filed. Michalski moved
adoption of Resolution No.
182-03 Authorizing the fil-
ing of a Community
Economic Betterment
Account (CEBA) applica-
tion on behalf of Vessel
Systems, Inc. Seconded
by Nicholson. Motion car-
ried 7-0.
Fiscal Year 2004 Budget
Reduction: City Manager
submitting recommenda-
tions on department tar-
gets for expense reduc-
tions and revenue
enhancements and identi-
fying a process to balance
the Fiscal Year 2004 bud-
get, as required with State
revenue reductions and
health insurance cost
increases, and communi-
cations from RSVP,
requested that a workses
sion be scheduled after
they have received the City
Manager's recommended
budget reductions.
COUNCIL MEMBER
REPORTS
Council Member
Michalski reported that she
had recently attended the
Main Street Awards
Banquet and that the City
received several awards
and Dubuque's collabora-
tive efforts in the down-
town area were recognized
and applauded.
There being no further
business upon motion
meeting adjourned at 8:27
P.M.
/s/Jeanne F. Schneider,
CMC, City Clerk
-It 5/29
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATI(
I, Sherri A. Yutzy, a Billing Clerk for Woodward Com
corporation, publisher of the Telegraph Herald,a news]
published in the City of Dubuque, County of Dubuque
certify that the attached notice was published in said of
dates: May 29, 2003, and for which the charge is $307
Subscribed to before me, Notary Public in and for Di:
this (-9 Iza day of , 20 G
Not.' Public in and for
Department of
Transportation Statewide
Transportation
Enhancement Funds for
the Heritage Trail
Extension from the Heron
Pond Wetlands Nature
Trail to the Dubuque
Jaycees Trail. Seconded
by Markham. Motion car-
ried 7-0.
Interstate Power Rate
Case: City Manager sub-
mitting the conclusion of
the Interstate Power Rate
Case, upon motion
received and filed.
Platinum Hospitality -
Certificate of Completion:
City Manager recommend-
ing approval of a
Certificate of Completion
for Platinum Holdings,
LLC, acknowledging com-
pletion of its obligations to
construct the minimum
improvements as required
in the Development
Agreement related to the
Grand Harbor Resort and
Waterpark project, upon
motion received and filed
and approved.
Annexation Study Update
Consultant
Recommendation: City
Manager recommending
approval of a contract with
Vednstra & Kimm, Inc. to
update the City's
Annexation Study, upon
motion received and filed
and approved.
Ice Harbor Pu
mp
Replacement Project: City
Manager recommending
acceptance of the Ice
Harbor Pump Replacement
Project in the final contract
amount of $174,550.00,
upon motion received and
filed. Buol moved adop-
tion of Resolution No. 160-
03 Accepting improvement
and Resolution No. 161-03
Approving final contract
amount. Seconded by
Markham. Motion carried
7-0.
Historic Preservation
Commission:
Communication from
Christopher Wand,
Chairperson of the Historic
Preservation Commission,
advising that Commission
Member Chris Schoepner,
representative from the
Cathedral Historic
Preservation District, has
decided not to reapply for
a second term, upon
motion received and filed.
DMATS Policy Board:
Communication of the City
Manager to the DMATS
Policy Board requesting
that Economic
Development Director Bit
Baum be appointed as a
proxy anytime two Council
Members or the City
Manager are not in atten-
dance at DMATS Policy
Board meetings, upon
motion received and filed
and approved.
Business License Refund:
Request of Liquor Depot of
Dubuque for a refund of
their Class C Beer Permit in
the amount of $150.00,
upon motion received and
filed and approved refund.
Business Licenses Buol
moved . adoption of
Resolution No. 162-03
Granting the issuance of a
Class "C" Beer Permit to
Hy-Vee Food Store #1,
Casey's General Store
#2421, and Casey's
General Store #2420 and
Resolution No. 163-03
Granting issuance of a
Class "A" (Club) Liquor
License to Dubuque Golf
and Class "B" Wine Permit
to Hy-Vee Food Store #1.
Seconded by Markham.
Motion carried 7-0.
ITEMS TO BE SET FOR
PUBLIC HEARING
Vacating Petition -
Railroad Street in Centre
Grove Addition: City
Manager recommending
that a public hearing be set
for June 2, 2003 to consid-
er a request from Flint
Drake, representing the
estate of Edward J.
Zalaznik, for the vacating
of Railroad Street in Centre
Grove Addition, upon
motion received and filed.
Michalski moved adoption
of Resolution No. 164-03
Approving plat of proposed
vacated Railroad Street in
Centre Grove Addition.
Seconded by Cline. Motion
carried 7-0.
Ordinance No. 38-03
Vacating Railroad Street in
Centre Grove Addition,
presented and read.
Michalski moved that the
requirement that the pro-
posed Ordinance be con-
sidered and voted on for
passage at two Council
Meetings prior to the meet-
ing at which it is to be final-
ly passed by suspended
and further moved final
consideration and passage
of the Ordinance.
Seconded by Cline. Motion
carried 7-0.
Michalski moved ad
op-
tion ado
tion of Resolution No. 165-
03 of Intent to dispose of
City interest in Lots 21A
and 22A of Centre Grove
Addition in the City of
Dubuque, Dubuque
County, Iowa and further
set this for Public Hearing
on June 2, 2003 at a meet-
ing to commence at 6:30
P.M. in the Public Library
Auditorium and direct the
City Clerk to publish notice
in the manner prescribed
by law. Seconded by
Cline. Motion carried 7-0
Expansion of Vessel
Systems, Inc. at the
Dubuque Industrial Center
West: City Manager rec-
ommending that a public
hearing be set for June 2,
2003 to consider the dis-
position of Lots 7 and 8 in
Dubuque Industrial Center
West 2nd Addition to
Vessel Systems, Inc. for
the purpose of construct-
ing a 31,000 square foot
manufacturing facility and
approval of a Development
Agreement with Vessel
Systems, Inc., upon motion
received and filed.
Michalski moved adoption
of Resolution No. 165-03
of Intent to dispose of Lots
7 and 8 in the Dubuque
Industrial Center West 2nd
Addition by sale to Vessel
Systems, Inc. and further
set this for Public Hearing
on June 2, 2003 at a meet-
ing to commence at 6:30
P.M. in the Public Library
Auditorium and direct the
City Clerk to publish notice
in the manner prescribed
by law. Seconded by
Cline. Motion carried 7-0
Port of Dubuque
Recognition Wall - Initiate:
City Manager recommend-
ing initiation of the public
bidding process for the
Port of Dubuque
Recognition Wall Project
and that a public hearing
be set for June 16, 2003,
upon motion received and
filed. Michalski moved
adoption of Resolution No.
167-03 Preliminary
Ordering bids. Seconded
by Cline. Motion carried 7-
0
West Locust Street
Manhole Replacement
Project - Initiate: City
Manager recommending
initiation of the public bid-
ding process for the West
Locust Street Manhole
Replacement Project and
that a public hearing be set
for June 16, 2003, upon
motion received and filed.
Michalski moved adoption
of Resolution No. 170-03
Preliminary approval of
plans and specifications,
Resolution No. 171-03
Setting date of hearing on
the plans and specifica-
tions for June 16, 2003 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, and
Resolution No. 172-03
Ordering bids. Seconded
by Cline. Motion carried 7-
0
PUBLIC HEARINGS
Upon motion the rules
were suspended to allow
anyone present to speak.
QHQ Properties -
Request to Rezone:
Communication from
Kenneth L. Buesing, on
behalf of QHQ Properties,
requesting that this item be
tabled to the June 2, 2003
meeting; Proof of publica-
tion on notice of hearing to
consider rezoning property
located south of Holliday
Drive, west of the
Northwest Arterial, from
AG Agricultural District to
C-3 General Commercial
zoning district at the
request of QHQ Properties
and Zoning Advisory
Commission recommend-
ing approval, with condi-
tions, and an Ordinance
Amending Appendix A (the
Zoning Ordinance) of the
City of Dubuque Code of
Ordinances by reclassify-
ing hereinafter described
property located south of
Holliday Drive, west of the
Northwest Arterial, from
AG Agricultural District to
C-3 General Commercial
zoning district, with condi-
tions, presented and read.
Markham moved that this
item be tabled to the meet-
ing of June 2, 2003.
Seconded by Michalski.
Motion carried 6-0, with
Mayor Duggan abstaining
due to possible conflict of
interest.
3280 Pennsylvania
Avenue - Request to
Rezone: Proof of publica-
tion on notice of hearing to
consider rezoning property
located at 3280
Pennsylvania Avenue from
R-1 Single -Family
Residential District to C-2
Neighborhood Shopping
Center District at the
request of Steve and Judy
Selchert and Zoning
Advisory Commission rec-
ommending approval,
upon motion received and
filed.
Steve Selchert, Steve's
Ace Hardware, spoke in
support of the rezoning.
Loren Zihlke, 3266
Kensington Place; Mary
Ehlert of 3278 Kensington
Place; and Darlene Hogan
of 3277 Kensington Place
spoke in opposition to the
rezoning citing increased
traffic and flooding prob-
lems in the area.
Ordinance No. 39-03
that the requirement that
the 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 sus-
pended and further moved
final consideration and
passage of the Ordinance.
Seconded by Buol. Motion
carried 7-0.
Kennedy Mall, Ltd - 555
John F. Kennedy Road -
Amend PUD: Proof of pub-
lication on notice of hear-
ing to consider amending
the Planned Unit
Development District for
property located at 555
John F. Kennedy Road to
add a 30,008 square foot
detached retail store (Best
Buy) at the southeast cor-
ner of the mall site at the
request of Kennedy Mall,
Ltd./David M.
DeChristofaro and Zoning
Advisory Commission rec-
ommending approval,
upon motion received and
filed.
Mike Coyle, 200 Security
Building, spoke in support
of the amendment to the
Planned Unit Development
District on behalf of the
Cafaro Company.
Ordinance No. 40-03
Amending Appendix A (the
Zoning Ordinance) of the
City of Dubuque Code of
Ordinances by providing
for the amendment of the
Kennedy Mall PUD
Planned Unit Development
with a PC Planned
Commercial Designation
and adopting an amended
Conceptual Development
Plan, presented and read.
Markham moved that the
requirement that the pro-
posed Ordinance be con-
sidered 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 Buol. Motion
carried 7-0.
Hy-Vee, Inc./Rubloff
Development Group, Inc. -
Amend PUD: Proof of pub-
lication on notice of hear-
ing to consider amending
the list of permitted uses
for the Asbury Plaza
Planned Commercial
District to include a conve-
nience store and carwash
at the request of Hy-Vee,
Inc./Rubloff Development
Group, Inc., and Zoning
Advisory Commission rec-
ommending approval,
upon motion received and
filed.
Jeff Markey, Hy-Vee, Inc.,
spoke in support of the
amendment to the Planned
Unit Development District.
Ordinance No. 41-03
Amending Appendix A (the
Zoning. Ordinance) of the
City of Dubuque Code of
Ordinances for hereinafter
described property located
at the northwest comer of
Asbury Road and the
Northwest Arterial to
amend Ordinance No. 44-
00 that established the
PUD Planned Unit
Development District for
Asbury Plaza and adopting
an amended list of permit-
ted uses, presented and
read. Buol moved that the
requirement that the pro-
posed Ordinance be con-
sidered and voted on for
passage at two Council
Meetings prior to the meet -
Schmitz and Michael White
for the vacating of an eight -
foot wide utility easement
in the City of Dubuque and
City Manager recommend-
ing approval, upon motion
received and filed. Cline
moved adoption of
Resolution No. 173-03
Disposing of interest and
vacate utility easement
over the balance of Lot 4 of
Plaza Court in the City of
Dubuque, Dubuque
County, Iowa. Seconded
by Connors. Motion car-
ried 7-0.
Quebecor World
Dubuque, Inc.
Development Agreement -
Tax Increment Financing:
Proof of publication on
notice of hearing to consid-
er the issuance of tax
increment revenue obliga-
tions for Quebecor World
Dubuque, Inc., and the
execution of a
Development Agreement
and City Manager recom-
mending approval, upon
motion received and filed.
Cline moved adoption of
Resolution No. 174-03
Authorizing the execution
of a Development
Agreement with Quebecor
World Dubuque, Inc.
Seconded by Nicholson.
Motion carried 7-0.
Development Agreement
Adams Company: Proof
of publication on notice of
hearing 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 and City Manager
recommending approval,
and communication from
City Manager to John
Hendry, The Adams
Company, regarding the
Dubuque Industrial Center
West maintenance assess-
ments, upon motion
received and filed.
Rhodes (Bud) Isenhart,
8968 Quail Ridge Road,
spoke in opposition to the
City's purchase of this
property due to the current
budget problems the City
is experiencing and sug-
gested it be deferred.
Cline moved adoption of
Resolution No. 175-03
Authorizing the execution
of - a Development
Agreement with The
Adams Company.
Seconded by Nicholson.
Motion carried 7-0.
Dubuque Area Industrial
Development Corporation:
Proof of publication on
notice of hearing to consid-
er the issuance of tax
increment revenue obliga-
tions for the Dubuque Area
Industrial Development
Corporation and the exe-
cution of a First
Amendment to the
Development Agreement
relating thereto and City
Manager recommending__
approval, upon motion
received and filed.
Markham moved adoption
of Resolution No. 176-03
Authorizing the execution
of a First Amendment to
Development Agreement
with Dubuque Area
Industrial Development
Corporation. Seconded by
Nicholson. Motion carried
7-0.
Heartland Financial USA,
Inc.: Proof of publication
on notice of hearing to
consider the issuance of
Agreement with Heartland
Financial USA, Inc.
Seconded by Nicholson.
Motion carried 7-0.
Fiscal Year 2003 Budget
Amendment: Proof of pub-
lication on notice of hear-
ing to consider a second
amendment to the Fiscal
Year 2003 budget and City
Manager recommending
approval of the amend-
ment, upon motion
received and filed.
Michalski moved adoption
of Resolution No. 178-03
Amending the current bud-
get for the fiscal year end-
ing June 30, 2003.
Seconded by Cline. Motion
carried 7-0.
Iowa Street Ramp
Skywalk Improvement
Project: 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 Iowa Street Ramp
Skywalk Improvement
Project to Dubuque Glass
Company in the amount of
$31,313, upon motion
received and filed.
Markham moved adoption
of Resolution No. 179-03
Adopting plans and speci-
fications for the project and
Resolution No. 180-03
Awarding contract to
DubuqueGlass G ass Company.
Seconded by Buol. Motion
carried 7-0.
Upon motion the rules
were reinstated limiting
discussion to the Council.
ACTION ITEMS
Timothy Wardle Claim:
Communication from
Corporation Counsel
advising that Timothy
Wardle had requested to
address the Council
regarding the denial of his
claim against the City for
vehicle damage, upon
motion received and filed.
Mr. Wardle spoke in sup-
port, of his claim and
requested that it be rein-
vestigated.
Fiscal Year 2004
Community Partnership
(cp2) Program: City
Manager recommending
approval of the recommen-
dation of the Community
Development Advisory
Commission for allocation
of Community Partnership
Program (cp2) funds, upon
motion received and filed.
Michalski moved adoption
of Resolution No. 181,03
Authorizing the award of
Community Partnership
Program (cp2) Funds for
Fiscal Year 2004.
Seconded by Connors.
Motion carried 7-0.
Phase III
Architectural/Historic
Survey: City Manager sub-
mitting the draft report for
the Phase III
Architectural/Historic
Survey and requesting City
Council review and com-
ment on the draft report,
upon motion received and
filed.
Bee Branch Alignment
Study - Consultant
Selection: City Manager
recommending approval of
the selection of Camp
Dresser & McKee to pro-
vide engineering and
design services for the Bee
Branch Alignment Study at
a cost of $249,844, pre-
sented and read. Buol
moved to receive and file
the communication and
annrnvp the rpcnmmpnria-
and Kimm, Inc. in the
amount of $108,500 for
consultant services for the
Carter Road Detention
Basin, presented and read.
Michalski moved to receive
and file the communication
and approve the recom-
mendation of the City
Manager. Seconded by
Nicholson. Motion carried
7-0.
Wayfinding Sign Program:
City Manager submitting
the final design for the
Highway signs and the
revised designs for the
College Grandview, Port of
Dubuque, and West End
Tourism Districts for the
Wayfinding Sign Program,
presented and read.
Council expressed appre-
ciation to the Wayfinding
Sign Task Force for their
extra effort and the new
designs. Cline moved to
receive and file the com-
munication and approve
the final design. Seconded
by Nicholson. Motion car-
ried 7-0.
Community Development
Advisory Commission
Reorganization: City
Manager recommending
approval of an amendment
tp the Code of Ordinances
to change the method of
selection of members to
the Community
Development Advisory
Commission, upon motion
received and filed.
Ordinance No. 42-03
Amending the Code of
Ordinances, City of
Dubuque, Iowa, Chapter
15, Community
Development Section 15-
46 relating to membership
of the Community
Development Advisory
Commission, presented
and read. Buol moved that
the requirement that the
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 by suspended
and further moved final
consideration and passage
of the Ordinance.
Seconded by Nicholson.
Motion carried 7-0.
America's River
Corporation: City Manager
recommending approval of
the City's participation as a
charter and permanent
board member for the
America's River
Corporation, the City
Manager serving as the
City's representative and
the expenditure of up to
$7,500 as a portion of
startup costs for the
Corporation, upon motion
received . and filed and
approved.
Vessel Systems - CEBA
Application: City Manager
recommending approval of
a Community Economic
Betterment Account
(CEBA) program applica-
tion on behalf of Vessel
Systems to the Iowa
Department of Economic
Development to help fund
an expansion program,
upon motion received and
filed. Michalski moved
adoption of Resolution No.
182-03 Authorizing the fil-
ing of a Community
Economic Betterment
Account (CEBA) applica-
tion on behalf of Vessel
Systems, Inc. Seconded
by Nicholson. Motion car-
ried 7-0.
Fiscal Year 2004 Budget
Rori,:r•tinn• ('it,. kAanancr
Dubuque Area Labor
Management Council, the
Dubuque Humane Society
and Substance Abuse
Services Center regarding
their Purchase of Service
Agreements, upon motion
received and filed. Council
requested that a workses-
sion be scheduled after
they have received the City
Manager's recommended
budget reductions.
COUNCIL MEMBER
•
REPORTS
Council Member
Michalski reported that she
had recently attended the
Main Street Awards
Banquet and that the City
received several awards
and Dubuque's collabora-
tive efforts in the down-
town area were recognized
and applauded.
There being no further
business upon motion
meeting adjourned at 8:27
P.M.
/s/Jeanne F. Schneider,
CMC, City Clerk
-It 5/29
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 29, 2003, and for which the charge is $307.03.
'4ah)-0_
Subscribed to before me, Notary Public in and for Dubuque County, Iowa,
this czQday of 20 D 3 . •
Nota Public in and for Dubuque County, Iowa.
MARY K. W STERMEYER
Commission Number 154885
My Comm. Exp. FEB. 1, 2005