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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