Proof Council Minutes 7 21 03
tMa
Reports
ouncil of
7/9; Civil
fission of
servation
.f 6/19;
Appeals
; Human
ion of 6/9
Joint
Planning
8; Zoning
fission of
received
ication of
.ceedings
/1, upon
:nd filed..
ims/Suits:
.r vehicle
Bauer for
Candace
al injury;
personal
man for
e; Mary
le towing
Weitz for
re, upon
to the
estigation
nsel rec-
tal of the
Liddle for
e and
nsel rec-
the claim
.erger for
e referred
.n motion
and con-
nications:
from
. 125 West
Council
yline ser-
Os and for
'ifare rates
Lion from
FS5 Cross
the City's
s, upon
nd filed.
Central
mental
inistrative
Manager
proval of
contract
Central
;mental
Ibe demoli-
!houses on
hich the
rider the
n grant
t motion
rsled and
mmenda-
Request:
Dubuque
'CATF and
i(conduct a
?lay on
2004 on
between
ime and
Hamilton,
oosevelt
motion
iled and
ms, Inc.
conornic
ant Loan:
ommend-
of the
conomic
unt Loan
p5,000 by
he Iowa
Economic
Vessel
City of
motion
filed.
adoption
p. 236-03
,execution
•Economic
unt Loan
One
,enty-Five
Dollars
of no significant impact on
the environment and notice
of intent to request release
of funds for the Brewery
Rehabilitation Project,
upon motion received and
filed. Michalski moved
adoption of Resolution No.
237-03 Authorizing publi-
cation of a combined
notice of finding of no sig-
nificant impact on the envi-
ronment and notice of
intent to request release of
funds for the Brewery
Rehabilitation Project.
Seconded by Connors.
Motion carried 7-0.
Purchase of Service
Agreement - • Dubuque
Humane Society: City
Manager recommending
approval of a Purchase of
Service Agreement with
Duhuque Humane Society
in the amount of $30,635,
upon motion received and
filed and approved recom-
mendation.
Operations and
Maintenance Center Roof
Repair Project: City
Manager recommending
acceptance of the
Operations and
Maintenance Center Roof
Repair Project in the final
contract amount of
$25,165.53 as completed
by Prostruct Construction,
Inc., upon motion received
and filed. Michalski moved
adoption of Resolution No.
238-03 Accepting
improvement and
Resolution No. 239-03
Approving final estimate.
Seconded by Connors.
Motion carried 7-0.
Civil Service Commission:
Civic Service Commission
submitting the certified
lists for the positions of Fire
Equipment Operator, Fire
Lieutenant, Fire Captain
and Assistant Fire Chief,
upon motion received and
filed and resolved to make
a matter of record.
City of Sageville
Annexations: City Manager
advising that the City
Development Board has
denied the City of Sageville
annexation applications
and communication to
Steve McCann, City
Development Board, advis-
ing that the City of
Dubuque objects to the
five annexation applica-
tions filed by the City of
Sageville and requesting
that the City Development
Board deny these applica-
tions, upon motion
received and filed and
approved.
Bill Miller Logging, Inc. -
Minor Final Plat: Zoning
Advisory Commission rec-
ommending approval of
the minor final plat of Lot 1,
Lot 2 and, Lot 3 of Miller
Place located at the north-
west corner of Highway
61/151 in Dubuque County
as requested by Bill and
Mary Miller/Bill Miller
Logging, Inc., upon motion
received and filed.
Michalski moved adoption
of Resolution No. 240-03
Approving the final plat of
Lot 1, Lot 2 and Lot 3 of
Miller Place in Dubuque
County, Iowa. Seconded
by Connors. Motion carried
7-0.
Link Acres - Final Plat:
Zoning Advisory
Commission recommend-
ing approval of the final
plat of Link Acres at the
end of Wildlife Ridge in
Dubuque County as
requested by David and
Judith Link, upon motion
Rental Dwelling License
Fee: City Manager recom-
mending approval of rental
dwelling license fee
increases as approved by
the City Council as part of
the Fiscal Year 2004 bud-
get amendment, upon
motion received and filed.
Michalski moved adoption
of Resolution No. 242-03
Approving an increase in
the rental dwelling license
fee. Seconded by Connors.
Motion carried 7-0.
Environmental Protection
Agency Cleanup Grant
Contract: City Manager
recommending approval of
a formal application to the
U.S. Environmental
Protection Agency (EPA)
for a $200,000 Brownfield
Cleanup Grant for petrole-
um contamination cleanup
in the Port of Dubuque and
communication from the
United States
Environmental Protection
Agency (EPA) advising that
the City has been selected
as one of the entities with
whom EPA will pursue
negotiations to award a
cooperative agreement for
a cleanup grant in the Port
of Dubuque area, upon
motion received and filed.
Michalski moved adoption
of Resolution No. 243-03
Authorizing the filing of a
formal application for a
$200,000 Brownfield
Cleanup Grant with the
U.S. Environmental
Protection Agency for
cleanup activities in the
Port of Dubuque.
Seconded by Connors.
Motion carried 7-0.
Settlement of Personal
Injury Claim: Corporation
Counsel recommending
approval of a release of
subrogation claim of the
City for the personal injury
claim of Shane O'Brien,
upon motion received and
filed and approved recom-
mendation.
Bergfeld Farm Lease: City
Manager recommending
approval of a 3-year exten-
sion of a farm lease with
Kenneth and Janet
Bergfeld with terms that
allow the City the ability to
terminate the lease at any
time if the property is
needed for development
purposes, upon motion
received and filed.
Michalski moved adoption
of Resolution No. 244-03
Approving a farm lease
with Kenneth G. and Janet
M. Bergfeld. Seconded by
Connors. Motion carried 7-
0.
Capital Improvement
Program Project
Structural Assessment:
City Manager recommend-
ing approval of an addition
to the Airport's Capital
Improvement Program
budget for a structural
assessment for the
Quonset and shop building
in the amount of $9,950,
which will be 100% funded
with a State grant, upon
motion received and filed
and approved recommen-
dation.
Small Community Air
Service Development Pilot
Program: Communication
of the City Manager to
Secretary Norman Mineta,
US Department of
Transportation, advising
that the City of Dubuque
endorses the Dubuque
Regional Airports' grant
application to the Small
Community Air Service
Development Pilot
Health advising that they
and the Association of
State and Territorial Dental
Directors have recognized
the City of Dubuque's con-
tribution to the dental pub-
lic health of Iowa citizens,
upon motion received and
filed.
Mississippi on the River
LLC: Corporation Counsel
recommending approval of
an Access and Indemnity
Agreement with
Mississippi on the River
LLC to do a photo shoot at
the Shot Tower, upon
motion received and filed
and approved recommen-
dation.
Business License Refund:
Request of Donald B.
Meyer, Main Street
Caboose, Inc., for a refund
of his beer/liquor license in
the amount of $211.25,
upon motion received and
filed and approved
request.
Business Licenses:
Michalski moved adoption
of Resolution No. 245-03
Granting the issuance of
three renewal permits to
sell cigarettes and ciga-
rette papers; Resolution
No. 246-03 Granting the
issuance of a Class "B"
Beer (5 Day Special Event)
Permit to Dubuque Area
Labor Management (Tents
A, B and C); and Class "C"
Beer Permit to IOCO
Speede Shoppe #2 and
Amoco Food Shop S o and
Resolution No. 247-03
Granting the issuance of a
Class "C" Beer/Liquor
License to House of China,
Mad Hatters, Dubuque
Five Flags Center and
Grape Harbor (Cafe
Outdoor Service); and
Class "B" Wine License to
Basket Expressions.
Seconded by Connors.
Motion carried 7-0.
ITEMS TO BE SET FOR
PUBLIC HEARING
Voluntary Annexation
Request - Callahan
Construction: City
Manager recommending
that a public hearing be set
for August 18, 2003 to con-
sider a voluntary annexa-
tion request by Callahan
Construction, Inc for forty
acres of land on Seippel
Road north of the Dubuque
Industrial Center West,
concurrent with rezoning,
upon motion received and
filed and set for public
hearing on 8/18/03 at a
meeting to commence at
6:30 P.M. in the public
library auditorium and the
City Clerk publish notice in
the manner prescribed by
law.
Port of Dubuque Building
Demolition and Site
Clearance Project: City
Manager recommending
initiation of the public bid-
ding process for the Port of
Dubuque Logging
Properties - Building
Demolition and Site
Clearance Project and that
a public hearing be set for
August 18, 2003, upon
motion received and filed.
Cline moved adoption of
Resolution No. 248-03
Preliminary approval of
plans and specifications;
Resolution No. 249-03
Setting date of hearing on
preliminary plans and
specifications for 8/18/03
at a meeting to commence
at 6:30 P.M. in the public
library auditorium and the
City Clerk publish notice in
the manner prescribed by
law; and Resolution No.
Boards/Commissions:
Community Development
Advisory Commission (Two
vacancies from Low/
Moderate Income Area
through 2/15/04 and
2/15/05): Applicant:
David Oliver (Low/
Moderate Income Area).
Mr. Oliver spoke request-
ing consideration for
appointment.
Housing Commission
(One unexpired 3-year
term through 8/17/05)
Applicant: Gina Bell, who,
though unable to be in
attendance had conveyed
interest in this position.
Transit Board of Trustees
(One 3-year term through
7/30/03 - term of Bemis)
Applicant: Harry J. Bemis.
No one spoke.
PUBLIC HEARINGS
Upon motion the rules
were suspended to allow
anyone present to speak.
605 West Locust and
2085, 2085 1/2 Foye Street -
Request to Rezone: Proof
of publication on notice of
hearing to consider rezon-
ing property located at 605
West Locust and 2085,
2085 1/2 Foye Street from
C-1 Neighborhood
Commercial District and R-
2A Alternate Two -Family
Residential District to C-2
Neighborhood Shopping
Center District at the
request of Christopher and
Jennifer Spahn and Zoning
Advisory rec-
ommending r c-
ommending denial, and
communication from Mrs.
Marjorie Lee in opposition
to the proposed rezoning,
upon motion received and
filed.
Attorney Brian Kane, rep-
resenting the Spahn's,
requested approval of the
Ordinance, stating condi-
tions on the property, if
necessary, would be
accepted by them.
Lindsay Engling, 1913
Ellis, as President of Valley
View Neighborhood Assn.,
spoke in favor of the pro-
posed rezoning.
Betty Lee of 427 1/2 West
Fourth Street, Mrs. James
Lee of 594 Almond, Jerry
Pottebaum of 659 W.
Locust, John Plein of 667
W. Locust, Jennifer Welsh
of 2119 Foye, and Cindy
Welsh of 2119 Foye, all
spoke objecting to the pas-
sage of the Ordinance for
the proposed strip mall.
David Fisch, 406 Almond,
spoke in support of the
project, stating there were
33 people at the
Neighborhood meeting
and no one was opposed.
Dan Roth of 1954 Ellis and
Vincent Manders of 569 W,
Locust, both spoke in favor
of the project.
Ordinance No. 54-03
Amending Appendix A (the
Zoning Ordinance) of the
City of Dubuque Code of
Ordinances by reclassify-
ing hereinafter described
property located at 605
West Locust and 2085,
2085 1/2 Foye Street from
R-2A Alternate Two -Family
Residential District and C-1
Neighborhood Commercial
District to C-2
Neighborhood Shopping
Center District, presented
and read. Buol moved that
the requirement that a 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
to consider rezoning prop-
erty located at 44 Main
Street from LI Light
Industrial to C-4
Downtown Commercial
District at the request of
Kevin Menning/ K & C
Investments and Zoning
Advisory Commission rec-
ommending approval,
upon motion received and
filed. Ordinance No. 55-
03 Amending Appendix A
(the Zoning Ordinance) of
the City of Dubuque Code
of Ordinances by reclassi-
fying hereinafter described
property located at 44
Main Street from LI Light
Industrial District to C-4
Downtown Commercial
District, presented and
read. Michalski moved that
the requirement that a 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 Cline. Motion
carried 7-0.
Harvest Development -
4100 Asbury Road -
Request to Rezone: Proof
of publication on notice of
hearing to consider rezon-
ing property located at
4100 Asbury Road from R-
1 Single -Family Residential
District and R-3 Moderate
DensityMulti-Family am y
Residential District to PUD
Planned Unit Development
with a PR Planned
Residential designation to
allow development of a
180-unit senior assisted
living housing complex and
Zoning Advisory
Commission recommend-
ing approval, upon motion
received and filed.
Marty McNamer, 1199
Hunter's Ridge, of the
Harvest Development
Group, spoke requesting
passage of the Ordinance
allowing the proposed
development.
Ordinance No. 56-03
Amending Appendix A (the
Zoning Ordinance) of the
City of Dubuque Code of
Ordinances by reclassify-
ing hereinafter described
property located north of
Matthew John Drive from
R-1 Single -Family
Residential District and R-3
Moderate Multi -Family
Residential District to
Planned Unit Development
District with a PR Planned
Residential District desig-
nation and adopting a
Conceptual Development
plan with conditions, pre-
sented and read. Buol
moved that the require-
ment that a proposed
Ordinance be considered
and voted on for passage
at two Council Meetings
prior to the meeting at
which it is to be finally
passed be suspended and
further moved final consid-
eration and passage of the
Ordinance. Seconded by
Michalski. Motion carried
7-0.
Sale of Real Property -
2521 Stafford Street: Proof
of publication on notice of
hearing to consider the
sale of real estate at 2521
Stafford Street to Kristy
Monahan -Smith for the
amount of $71,500 and
City Manager recommend-
ing approval, upon motion
received and filed.
Kristy Monahan -Smith
LI le eclel VI IC -I IGII 1Cl/Li VI
Lot Four (4) of Lot Two (2)
both in Greiger's
Subdivision in the City of
Dubuque, Dubuque, Iowa
according to the recorded
plat thereof; otherwise
known as 2521 Stafford
Street. Seconded by Cline.
Motion carried 7-0.
Cooper Development
Loan Subordination Agree-
ment: Proof of publication
on notice of hearing to
consider a Subordination
Agreement with Dubuque
Bank and Trust Company
related to the City's mort-
gage interest associated
with Cooper Development
Company's Downtown
Rehabilitation Loan and
City Manager recommend-
ing approval, upon motion
received and filed.
Michalski moved adoption
of Resolution No. 252-03
Authorizing a
Subordination Agreement
in regard to a mortgage
interest in City Lot 73
(except the southerly three
inches thereof) in the City
of Dubuque, Dubuque
County, Iowa. Seconded
by Michalski. Motion car-
ried 7-0.
Upon motion the rules
were reinstated limiting
discussion to the Council.
ACTION ITEMS
East Dubuque Savings
Bank - Site Plan Review:
Zoning Advisory
Commission recommend-
ingapproval of the site pp
plan for East Dubuque
Savings Bank at the south-
west corner of Cedar
Cross Road and Starlite
Drive, upon motion
received and filed and
approved with Mayor
Duggan absent briefly due
to possible conflict of inter-
est.
Electrical Fee Ordinance:
City Manager recommend-
ing approval of a revised
fee schedule for electrical
permits for new commer-
cial and industrial projects,
upon motion received and
filed. Ordinance No. 57-
03 Providing that the Code
of Ordinances, City of
Dubuque, Iowa, be amend-
ed by revising the electrical
permit fee schedule for
new commercial and
industrial buildings for the
City of Dubuque, Iowa,
presented and read. Buol
moved that the require-
ment that a ' proposed
Ordinance be considered
and voted on for passage
at two Council Meetings
prior to the meeting at
which it is to be finally
passed be suspended and
further moved final consid-
eration and passage of the
Ordinance. Seconded by
Michalski. Motion carried
7-0.
Resources Enhancement
and Protection (REAP)
Program: City Manager
recommending City
Council approval of an
updated REAP Plan, con-
firmation of a representa-
tive to the REAP commit-
tee, and approval of the
Fiscal Year 2005 REAP
grant application, upon
motion received and filed.
Michalski moved that the
updated REAP Plan be
approved; that Council
Member Joyce Connors be
reappointed to the REAP
Committee; and adoption
of Resolution No. 253-03
Authorizing a grant appli-
cation to the Iowa
Department of Natural
LI le UI/Lel Id IQ! UJC UI pUUIIU
right-of-way for vending at
the Port of Dubuque and
Hawthorne Street
Peninsula, upon motion
received and filed and
approved recommenda-
tion.
The following Agenda
item was withdrawn at the
request Fondell Excavating
- Eagle Valley Subdivision:
City Manager recommend-
ing approval of assistance,
with guarantees, to Fondell
Excavating, Inc. to facili-
tate development of Eagle
Valley Subdivision, which
is a new subdivision of
affordable owner -occupied
housing along Roosevelt
Road.
Fiscal Year 2004 Budget
Amendment: City Manager
submitting information on
the Fiscal Year 2004 bud-
get amendment and utility
franchise fee and recom-
mending that a public
hearing be set for July 28,
2003 to consider adoption
of a franchise fee, upon
motion set public hearing
for Monday, 7/28/03 at a
meeting to commence at
6:00 P.M. in the public
library auditorium and that
the City Clerk publish
notice in the manner
required by law.
Jackson Park Historic
District / Downtown
Neighborhood Council:
Communication of the City
Manager requesting that
this item be denied and
Historic Preservation
Commission recommend-
ing approval of a request
from the Downtown
Neighborhood Council for
funding in the amount of
$15,905.80 from the
Historic District Public
Improvement Program to
install trash receptacles,
park benches, planters and
street trees in Jackson
Park and the public right-
of-way in the Jackson Park
Historic District, upon
motion received and filed
and approved the recom-
mendation to deny.
Historic Bluffs
Neighborhood Association:
Communication from the
Historic Bluffs
Neighborhood Association
requesting that the Council
reconsider pulling funding
from the existing Historic
District Public
Improvement Program,
upon motion received and
filed. Communication of
the City Manager request-
ing that this item be denied
and Communication of the
Historic Preservation
Commission recommend-
ing approval of a request
from the Historic Bluff
Neighborhood Association
for funding in the amount
of $86,032.50 from the
Historic District Public
Improvement Program to
install historic street light-
ing in the public right-of-
way along Loras Boulevard
from Bluff Street to Prairie
Street, upon motion
received and filed and
approved the recommen-
dation to deny.
Downtown Neighborhood
Council: Communication of
the City Manager request-
ing that this item be denied
and Historic Preservation
Commission recommend-
ing approval of a request
from the Downtown
Neighborhood Council for
funding in the amount of
$12,155.03 from the
Historic District Public
Improvement Program to
I VI LI le I IIT. tUl11.
Preservation Committee.
Langworthy
Neighborhood Association:
Communication of the City
Manager requesting that
this item be denied and
Historic Preservation
Commission recommend-
ing approval of a request
from the Langworthy
Neighborhood Association
for funding in the amount
of $5,930.40 from the
Historic District Public
Improvement Program to
install planters in the public
right-of-way in the
Langworthy Historic
District, upon motion
received and filed and
approved the request to
deny.
Historic Preservation
Comm i s s i o n:
Communication of the City
Manager requesting that
this item be denied and
Historic Preservation
Commission recommend-
ing that the City Council
allocate $4,345.77 from the
Historic District Public
Improvement Program for
Engineering Department
costs associated with the
installation of historic dis-
trict entry street signs in
the public right-of-way,
upon motion received and
filed and approved the rec-
ommendation to deny.
COUNCIL MEMBER
REPORTS
Nicholson stated his
appreciation for the input
Put
and civility of individuals
attending and speaking at
the Public Hearing for the
amended Budget and also
stated the new Grand River
Conference Center is mag-
nificent. Michalski thanked
staff and also the Five
Flags Staff for their work
on the public hearing.
There being no further
business, upon motion
meeting adjourned at 8:43
P.M.
/s/ Jeanne F. Schneider,
CMC, City Clerk
1 t 7/30
this , 3 /r, t day of
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: July 30, 2003, and for which the charge is $246.49.
Subscribed to before me, rotary Public in and for Dubuque County, Iowa,
,20 03.
Notary Public in and for Dubuque County, Iowa.
MARY K. WESTERMEYER
Commlasiorl Number 154885
My Comm. Exp. FEB. 1, 2005
CITY OF DUBUQUE,
IOWA
COUNCIL
PROCEEDINGS
OFFICIAL
City Council, Regular
Session, July 21, 2003
Council met in Regular
Session at 6:30 P.M in the
Library Auditorium
Present: Mayor Duggan,
Council Members Buol,
Cline, Connors, Markham,
Michalski, Nicholson, City
Manager Michael Van
Milligen, Corporation
Counsel Barry Lindahl.
Mayor Duggan read the
call and stated this is a reg-
ular session of the City
Council called for the pur-
pose of discussing such
matters which may proper-
ly come before the City
Council.
Invocation was given by
Reverend Kristian Kincaid,
Our Redeemer Lutheran
Church.
Proclamation: Dubuque
County Fair Week (July 22
- 27, 2003) received by Fair
King Matt Simon and Fair
Queen Beth Schlitzer
CONSENT ITEMS
Minutes and Reports
Submitted: City Council of
7/1, 7/7, and 7/9; Civil
Service Commission of
4/7; Historic Preservation
Commission of 6/19;
Housing Code' Appeals
Board of 4/29; Human
Rights Commission of 6/9
and 6/25; Joint
City/County Planning
Committee of 6/18; Zoning
Advisory Commission of
7/2, upon motion received
and filed.
Proof of publication of
City Council Proceedings
of 6/23 and 7/1, upon
motion received and filed.
Notice of Claims/Suits:
Chris Barnhart for vehicle
damage; Jodie L. Bauer for
vehicle damage; Candace
Fuerst for personal injury;
Lisa linuus ror personal
injury; Gary Nauman for
vehicle damage; Mary
Marcotte for vehicle towing
fees; Ronald L. Weitz for
property damage, upon
motion referred to the
Legal Staff for investigation
and report.
Corporation Counsel rec-
ommending denial of the
claim of Gregg Liddle for
vehicle damage and
Corporation Counsel rec-
ommending that the claim
of Mark Friedenberger for
vehicle damage be referred
to Selco, Inc., upon motion
received and filed and con-
curred.
Citizen Communications:
Communication from
Sarah Davidson, 125 West
9th, thanking the Council
for maintaining Keyline ser-
vice on Saturdays and for
maintaining the fare rates
and communication from
Eileen Sisler, 265 Cross
Street, regarding the City's
budget concerns, upon
motion received and filed.
East Central
Intergovernmental
Association Administrative
Contract: City Manager
recommending approval of
an administrative contract
with East Central
Intergovernmental
Association for the demoli-
tion of the three houses on
Old Mill Road, which the
City acquired under the
hazard mitigation grant
contract, upon motion
received and filed and
approved recommenda-
tion.
(5125,000) with Vessel
Systems, Inc. Seconded
by Connors. Motion car-
ried 7-0.
Brewery Rehabilitation
Project: City Manager rec-
ommending approval of a
combined notice of finding
of no significant impact on
the environment and notice
of intent to request release
of funds for the Brewery
Rehabilitation Project,
upon motion received and
filed. Michalski moved
adoption of Resolution No.
237-03 Authorizing publi-
cation of a combined
notice of finding of no sig-
nificant impact on the envi-
ronment and notice of
intent to request release of
funds for the Brewery
Rehabilitation Project.
Seconded by Connors.
Motion carried 7-0.
Purchase of Service
Agreement - Dubuque
Humane Society: City
Manager recommending
approval of a Purchase of
Service Agreement with
Dubuque Hi 'mane Society
in the amount of $30,635,
upon motion received and
filed and approved recom-
mendation.
Operations and
Maintenance Center Roof
Repair Project: City
Manager recommending
acceptance of the
Operations and
Maintenance Center Roof
Repair Project in the final
contract amount of
$25,165.53 as completed
by Prostruct Construction,
Inc., upon motion received
and filed. Michalski moved
adoption of Resolution No.
238-03 Accepting
improvement and
Resolution No. 239-03
Approving final estimate.
Seconded by Connors.
Motion carried 7-0.
Civil Service Commission:
Civil Service Commission
submitting the certified
lists for the positions of Fire
Equipment Operator, Fire
Lieutenant, Fire Captain
and Assistant Fire Chief,
upon motion received and
filed and resolved to make
a matter of record.
City of Sageville
Annexations: City Manager
advising that the City
Development Board has
denied the City of Sageville
annexation applications
and communication to
Steve McCann, City
Development Board, advis-
ing that the City of
Dubuque objects to the
five annexation applica-
tions filed by the City of
Sageville and requesting
received and filed.
Michalski moved adoption
of Resolution No. 241-03
Approving the final plat of
Link Acres in Dubuque
County, Iowa. Seconded
by Connors. Motion car-
ried 7-0.
Rental Dwelling License
Fee: City Manager recom-
mending approval of rental
dwelling license fee
increases as approved by
the City Council as part of
the Fiscal Year 2004 bud-
get amendment, upon
motion received and filed.
Michalski moved adoption
of Resolution No. 242-03
Approving an increase in
the rental dwelling license
fee. Seconded by Connors.
Motion carried 7-0.
Environmental Protection
Agency Cleanup Grant
Contract: City Manager
recommending approval of
a formal application to the
U.S. Environmental
Protection Agency (EPA)
for a $200,000 Brownfield
Cleanup Grant for petrole-
um contamination cleanup
in the Port of Dubuque and
communication from the
United States
Environmental Protection
Agency (EPA) advising that
the City has been selected
as one of the entities with
whom EPA will pursue
negotiations to award a
cooperative agreement for
a cleanup grant in the Port
of Dubuque area, upon
motion received and filed.
Michalski moved adoption
of Resolution No. 243-03
Authorizing the filing of a
formal application for a
$200,000 Brownfield
Cleanup Grant with the
U.S. Environmental
Protection Agency for
cleanup activities in the
Port of Dubuque.
Seconded by Connors.
Motion carried 7-0.
Settlement of Personal
Injury Claim: Corporation
Counsel recommending
approval of a release of
subrogation claim of the
City for the personal injury
claim of Shane O'Brien,
upon motion received and
filed and approved recom-
mendation.
Bergfeld Farm Lease: City
Manager recommending
approval of a 3-year exten-
sion of a farm lease with
Kenneth and Janet
Bergfeld with terms that
allow the City the ability to
terminate the lease at any
time if the property is
needed for development
purposes, upon motion
received and filed.
Michalski moved adoption
Program, upon motion
received and filed and
approved recommenda-
tion.
Iowa Department of
Public Health:
Communication from the
Iowa Department of Public
Health advising that they
and the Association of
State and Territorial Dental
Directors have recognized
the City of Dubuque's con-
tribution to the dental pub-
lic health of lowa citizens,
upon motion received and
filed.
Mississippi on the River
LLC: Corporation Counsel
recommending approval of
an Access and Indemnity
Agreement with
Mississippi on the River
LLC to do a photo shoot at
the Shot Tower, upon
motion received and filed
and approved recommen-
dation.
Business License Refund:
Request of Donald B.
Meyer, Main Street
Caboose, Inc., for a refund
of his beer/liquor license in
the amount of $211.25,
upon motion received and
filed and approved
request.
Business Licenses:
Michalski moved adoption
of Resolution No. 245-03
Granting the issuance of
three renewal permits to
set cigarettes and ciga-
rette papers; Resolution
No. 246-03 Granting the
issuance of a Class "B"
Beer (5 Day Special Event)
Permit to Dubuque Area
Labor Management (Tents
A, B and C); and Class "C"
Beer Permit to IOCO
Speede Shoppe #2 and
Amoco Food Shop and
Resolution No. 247-03
Granting the issuance of a
Class "C" Beer/Liquor
License to House of China,
Mad Hatters, Dubuque
Five Flags Center and
Grape Harbor (Cafe
Outdoor Service); and
Class "B" Wine License to
Basket Expressions.
Seconded by Connors.
Motion carried 7-0.
ITEMS TO BE SET FOR
PUBLIC HEARING
Voluntary Annexation
Request - Callahan
Construction: City
Manager recommending
that a public hearing be set
for August 18, 2003 to con-
sider a voluntary annexa-
tion request by Callahan
Construction, Inc for forty
acres of land on Seippel
Road north of the Dubuque
Industrial Center West,
concurrent with rezoning,
upon motion received and
250-03 Ordering bids.
Seconded by Nicholson.
Motion carried 7-0.
BOARDS/COMMISSIONS
Applicants are invited to
address the Council
regarding their desire to
serve on the following
Boards/Commissions:
Community Development
Advisory Commission (Two
vacancies from Low/
Moderate Income Area
through 2/15/04 and
2/15/05): Applicant:
David Oliver (Low/
Moderate Income Area).
Mr. Oliver spoke request-
ing consideration for
appointment.
Housing Commission
(One unexpired 3-year
term through 8/17/05)
Applicant: Gina Bell, who,
though unable to be in
attendance had conveyed
interest in this position.
Transit Board of Trustees
(One 3-year term through
7/30/03 - term of Bemis)
Applicant: Harry J. Bemis.
No one spoke.
PUBLIC HEARINGS
Upon motion the rules
were suspended to allow
anyone present to speak.
605 West Locust and
2085, 2085 Y2 Foye Street -
Request to Rezone: Proof
of publication on notice of
hearing to consider rezon-
ing property located at 605
West Locust and 2085,
2085 Y Foye Street from
C-1 Neighborhood
Commercial District and R-
2A Alternate Two -Family
Residential District to C-2
Neighborhood Shopping
Center District at the
request of Christopher and
Jennifer Spahn and Zoning
Advisory Commission rec-
ommending denial, and
communication from Mrs.
Marjorie Lee in opposition
to the proposed rezoning,
upon motion received and
filed.
Attorney Brian Kane, rep-
resenting the Spahn's,
requested approval of the
Ordinance, stating condi-
tions on the property, if
necessary, would be
accepted by them.
Lindsay Engling, 1913
Ellis, as President of Valley
View Neighborhood Assn.,
spoke in favor of the pro-
posed rezoning.
Betty Lee of 427 1/2 West
Fourth Street, Mrs. James
Lee of 594 Almond, Jerry
Pottebaum of 659 W.
Locust, John Plein of 667
W. Locust, Jennifer Welsh
of 2119 Foye, and Cindy
Welsh of 2119 Foye, all
spoke objecting to the pas -
sane of f a rlrrlinnnro for
and further moved final
consideration and passage
of the Ordinance.
Seconded by Connors.
Motion carried 7-0.
44 Main Street - Request
to Rezone: Proof of publi-
cation on notice of hearing
to consider rezoning prop-
erty located at 44 Main
Street from LI Light
Industrial to C-4
Downtown Commercial
District at the request of
Kevin Menning/ K & C
Investments and Zoning
Advisory Commission rec-
ommending approval,
upon motion received and
filed. Ordinance No. 55-
03 Amending Appendix A
(the Zoning Ordinance) of
the City of Dubuque Code
of Ordinances by reclassi-
fying hereinafter described
property located at 44
Main Street from LI Light
Industrial District to C-4
Downtown Commercial
District, presented and
read. Michalski moved that
the requirement that a 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 Cline. Motion
carried 7-0.
Harvest Development -
4100 Asbury Road -
Request to Rezone: Proof
of publication on notice of
hearing to consider rezon-
ing property located at
4100 Asbury Road from R-
1 Single -Family Residential
District and R-3 Moderate
Density Multi -Family
Residential District to PUD
Planned Unit Development
with a PR Planned
Residential designation to
allow development of a
180-unit senior assisted
living housing complex and
Zoning Advisory
Commission recommend-
ing approval, upon motion
received and filed.
Marty McNamer, 1199
Hunter's Ridge, of the
Harvest Development
Group, spoke requesting
passage of the Ordinance
allowing the proposed
development.
Ordinance No. 56-03
Amending Appendix A (the
Zoning Ordinance) of the
City of Dubuque Code of
Ordinances by reclassify-
ing hereinafter described
property located north of
Matthew John Drive from
R-1 Single -Family
spoke requesting Council
approve this disposition.
Connors moved adoption
of Resolution No. 251-03
Disposing of City -owned
property, specifically Lot
Two (2) of Lot One (1) and
the east one-half (E1/2) of
Lot Four (4) of Lot Two (2)
both in Greiger's
Subdivision in the City of
Dubuque, Dubuque, lowa
according to the recorded
plat thereof; otherwise
known as 2521 Stafford
Street. Seconded by Cline.
Motion carried 7-0.
Cooper Development
Loan Subordination Agree-
ment: Proof of publication
on notice of hearing to
consider a Subordination
Agreement with Dubuque
Bank and Trust Company
related to the City's mort-
gage interest associated
with Cooper Development
Company's Downtown
Rehabilitation Loan and
City Manager recommend-
ing approval, upon motion
received and filed.
Michalski moved adoption
of Resolution No. 252-03
Authorizing a
Subordination Agreement
in regard to a mortgage
interest in City Lot 73
(except the southerly three
inches thereof) in the City
of Dubuque, Dubuque
County, Iowa. Seconded
by Michalski. Motion car-
ried 7-0.
Upon motion the rules
were reinstated limiting
discussion to the Council.
ACTION ITEMS
East Dubuque Savings
Bank - Site Plan Review:
Zoning Advisory
Commission recommend-
ing approval of the site
plan for East Dubuque
Savings Bank at the south-
west corner of Cedar
Cross Road and Starlite
Drive, upon motion
received and filed and
approved with Mayor
Duggan absent briefly due
to possible conflict of inter-
est.
Electrical Fee Ordinance:
City Manager recommend-
ing approval of a revised
fee schedule for electrical
permits for new commer-
cial and industrial projects,
upon motion received and
filed. Ordinance No. 57-
03 Providing that the Code
of Ordinances, City of
Dubuque, Iowa, be amend-
ed by revising the electrical
permit fee schedule for
new commercial and
industrial buildings for the
City of Dubuque, Iowa,
presented and read. Buol
Resources for REAP funds
for Pyatigorsk Park.
Seconded by Cline. Motion
carried 7-0.
Vendor Application
Process: City Manager rec-
ommending approval of
the criteria for use of public
right-of-way for vending at
the Port of Dubuque and
Hawthorne Street
Peninsula, upon motion
received and filed and
approved recommenda-
tion.
The following Agenda
item was withdrawn at the
request Fondell Excavating
- Eagle Valley Subdivision:
City Manager recommend-
ing approval of assistance,
with guarantees, to Fondell
Excavating, Inc. to facili-
tate development of Eagle
Valley Subdivision, which
is a new subdivision of
affordable owner -occupied
housing along Roosevelt
Road.
Fiscal Year 2004 Budget
Amendment: City Manager
submitting information on
the Fiscal Year 2004 bud-
get amendment and utility
franchise fee and recom-
mending that a public
hearing be set for July 28,
2003 to consider adoption
of a franchise fee, upon
motion set public hearing
for Monday, 7/28/03 at a
meeting to commence at
6:00 P.M. in the public
library auditorium and that
the City Clerk publish
notice in the manner
required by law.
Jackson Park Historic
District / Downtown
Neighborhood Council:
Communication of the City
Manager requesting that
this item be denied and
Historic Preservation
Commission recommend-
ing approval of a request
from the Downtown
Neighborhood Council for
funding in the amount of
$15,905.80 from the
Historic District Public
Improvement Program to
install trash receptacles,
park benches, planters and
street trees in Jackson
Park and the public right-
of-way in the Jackson Park
Historic District, upon
motion received and filed
and approved the recom-
mendation to deny.
Historic Bluffs
Neighborhood Association:
Communication from the
Historic Bluffs
Neighborhood Association
requesting that the Council
reconsider pulling funding
from the existing Historic.
District P""hlir
install brick paver side-
walks in the public right-of-
way at 1105, 1470, 1472
and 1492 Locust Street,
upon motion received and
filed and approved the rec-
ommendation to deny the
request of the Historic
Preservation Committee.
Langworthy
Neighborhood Association:
Communication of the City
Manager requesting that
this item be denied and
Historic Preservation
Commission recommend-
ing approval of a request
from the Langworthy
Neighborhood Association
for funding in the amount
of $5,930.40 from the
Historic District Public
Improvement Program to
install planters in the public
right-of-way in the
Langworthy Historic
District, upon motion
received and filed and
approved the request to
deny.
Historic Preservation
Commission:
Communication of the City
Manager requesting that
this item be denied and
Historic Preservation
Commission recommend-
ing that the City Council
allocate $4,345.77 from the
Historic District Public
Improvement Program for
Engineering Department
costs associated with the
installation of historic dis-
trict entry street signs in
the public right-of-way,
upon motion received and
filed and approved the rec-
ommendation to deny.
COUNCIL MEMBER
REPORTS
Nicholson stated his
appreciation for the input
and civility of individuals
attending and speaking at
the Public Hearing for the
amended Budget and also
stated the new Grand River
Conference Center is mag-
nificent. Michalski thanked
staff and also the Five
Flags Staff for their work
on the public hearing.
There being no further
business, upon motion
meeting adjourned at 8:43
P.M.
/s/ Jeanne F. Schneider,
CMC, City Clerk
'It 7/30
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Sherri A. Yutzy, a Billing Clerk for Woodward Communications, In
corporation, publisher of the Telegraph Herald,a newspaper of general
published in the City of Dubuque, County of Dubuque and State of Io`
certify that the attached notice was published in said newspaper on the
dates: July 30, 2003, and for which the charge is $246.49.
CITY OF DUBUQUE,
IOWA
COUNCIL
PROCEEDINGS
OFFICIAL
City Council, Regular
Session, July 21, 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
Maeager Michael Van
Milligen, Corporation
Counsel Barry Lindahl.
Mayor Duggan read the
call and stated this is a reg-
ular session of the City
Council called for the pur-
pose of discussing such
matters which may proper-
ly come before the City
Council.
Invocation was given by
Reverend Kristian Kincaid,
Our Redeemer Lutheran
Church.
Proclamation: Dubuque
County Fair Week (July, 22
-27, 2003) received by Fair
King Matt Simon and Fair
Queen Beth Schlitzer
CONSENT ITEMS
Minutes and Reports
Submitted:City Council of
7/1, 7/7, and 7/9; Civil
Service Commission of
4/7; Historic Preservation
Commission of 6/19;
Housing Code' Appeals
Board of 4/29; Human
Rights Commission of 6/9
and 6/25; Joint
City/County Planning
Committee of 6/18; Zoning
Advisory Commission of
7/2, upon motion received
and filed.
Proof of publication of
City Council Proceedings
of 6/23 and 7/1, upon
motion received and filed.
Notice of Claims/Suits:
Chris Barnhart for vehicle
damage; Jodie L. Bauer for
vehicle damage; Candace
Fuerst for personal injury;
Lisa latuus km personal
injury; Gary Nauman for
vehicle damage; Mary
Marcotte for vehicle towing
fees; Ronald L. Weitz for
property damage, upon
motion referred to the
Legal Staff for investigation
and report.
Corporation Counsel rec-
ommending denial of the
claim of Gregg Liddle for
vehicle damage and
Corporation Counsel rec-
ommending that the claim
of Mark Friedenberger for
vehicle damage be referred
to Selco, Inc., upon motion
received and filed and con-
curred.
Citizen Communications:
Communication from
Sarah Davidson, 125 West
9th, thanking the Council
for maintaining Keyline ser-
vice on Saturdays and for
maintaining the fare rates
and communication. from
Eileen Sisler, 265 Cross
Street, regarding the City's
budget concerns, upon
motion received and filed.
East Central
Intergovernmental
Association Administrative
Contract: City Manager
recommending approval of
an administrative contract
with East Central
Intergovernmental
Association for the demoli-
tion of the three houses on
Old Mill Road, which the
City acquired under the
hazard mitigation grant
contract, upon motion
received and filed and
approved recommenda-
tion.
Fireworks Request:
Request of Dubuque
Jaycees, KDTH, KATF and
KGRR Radio to conduct a
fireworks display on
Saturday, July 3, 2004 on
Volunteer Road between
Hawthorne and Lime and
the closure of Hamilton,
Kilgore and East Roosevelt
Extension, upon motion
received and filed and
approved request.
Vessel Systems, Inc.
Community Economic
Betterment Account Loan:
City Manager recommend-
ing approval of the
Community Economic
Betterment Account Loan
Agreement of $125,000 by
and among the Iowa
Department of Economic
Development, Vessel
Systems, and the City of
Dubuque, upon motion
received and filed.
Michalski moved adoption
of Resolution No. 236-03
Authorizing the execution
of a Community Economic
Betterment Account Loan
Agreement for One
Hundred Twenty -Five
Thousand Dollars
($125,000) with Vessel
Systems, Inc. Seconded
by Connors. Motion car-
ried 7-0.
Brewery Rehabilitation
Project: City Manager rec-
ommending approval of a
combined notice of finding
of no significant impact on
the environment and notice
of intent to request release
of funds for the Brewery
Rehabilitation Project,
upon motion received and
filed. Michalski moved
adoption of Resolution No.
237-03 Authorizing publi-
cation of a combined
notice of finding of no sig-
nificant impact on the envi-
ronment and notice of
intent to request release of
funds for the Brewery
Rehabilitation Project.
Seconded by Connors.
Motion carried 7-0.
Purchase of Service
Agreement - Dubuque
Humane "Society: City
Manager recommending
approval of a Purchase of
Service Agreement with
Dubuque Humane Society
in the amount of $30,635,
upon motion received and
filed and approved recom-
mendation.
Operations and
Maintenance Center Roof
Repair Project: City
Manager recommending
acceptance of the
Operations and
Maintenance Center Roof
Repair Project in the final
contract amount of
$25,165.53 as completed
by Prostruct Construction,
Inc., upon motion received
and filed. Michalski moved
adoption of Resolution No.
238-03 Accepting
improvement and
Resolution No. 239-03
Approving final estimate.
Seconded by Connors.
Motion carried 7-0.
Civil Service Commission:
Civil. Service Commission
submitting the certified
lists for the positions of Fire
Equipment Operator, Fire
Lieutenant, Fire Captain
and Assistant Fire Chief,
upon motion received and
filed and resolved to make
a matter of record.
City of Sageville
Annexations: City Manager
advising that the City
Development Board has
denied the City of Sageville
annexation applications
and communication to
Steve McCann, City
Development Board, advis-
ing that the City of
Dubuque objects to the
five annexation applica-
tions filed by the City of
Sageville and requesting
that the City Development
Board deny these applica-
tions, upon motion
received and filed and
approved.
Bill Miller Logging, Inc. -
Minor Final Plat: Zoning
Advisory Commission rec-
ommending approval of
the minor final plat of Lot 1,
Lot 2 and, Lot 3 of Miller
Place located at the north-
west corner of Highway
61/151 in Dubuque County
as requested by Bill and
Mary Miller/Bill Miller
Logging, Inc., upon motion
received and filed.
Michalski moved adoption
of Resolution No. 240-03
Approving the final plat of
Lot 1, Lot 2 and Lot 3 of
Miller Place in Dubuque
County, Iowa. Seconded
by Connors. Motion carried
7-0.
Link Acres - Final Plat:
Zoning Advisory
Commission recommend-
ing approval of the final
plat of Link Acres at the
end of Wildlife Ridge in
Dubuque County as
requested by David and
Judith Link, upon motion
received and filed.
Michalski moved adoption
of Resolution No. 241-03
Approving the final plat of
Link Acres in Dubuque
County, Iowa. Seconded
by Connors. Motion car-
ried 7-0.
Rental Dwelling License
Fee: City Manager recom-
mending approval of rental
dwelling license fee
increases as approved by
the City Council as part of
the. Fiscal Year 2004 bud-
get amendment, upon
motion received and filed.
Michalski moved adoption
of Resolution No. 242-03
Approving an increase in
the rental dwelling license
fee. Seconded by Connors.
Motion carried 7-0.
Environmental Protection
Agency Cleanup ,Grant
Contract: City Manager
recommending approval of
a formal application to the
U.S. Environmental
Protection Agency (EPA)
for a $200,000 Brownfield
Cleanup Grant for petrole-
um contamination cleanup
in the Port of Dubuque and
communication from the
United States
Environmental Protection
Agency (EPA) advising that
the City has been selected
as one of the entities with
whom EPA will pursue
negotiations to award a
cooperative agreement for
a cleanup grant in the Port
of Dubuque area, upon
motion received and filed.
Michalski moved adoption
of Resolution No. 243-03
Authorizing the filing of a
formal application for a
$200,000 Brownfield
Cleanup Grant with the
U.S. Environmental
Protection Agency for
cleanup activities in the
Port of Dubuque.
Seconded by Connors.
Motion carried 7-0.
Settlement of Personal
Injury Claim: Corporation
Counsel recommending
approval of a release of
subrogation claim of the
City for the personal injury
claim of Shane O'Brien,
upon motion received and
filed and approved recom-
mendation.
Bergfeld Farm Lease: City
Manager recommending
approval of a 3-year exten-
sion of a farm lease with
Kenneth and Janet
Bergfeld with terms that
allow the City the ability to
terminate the lease at any
time if the property is
needed for development
purposes, upon motion
received and filed.
Michalski moved adoption
of Resolution No. 244-03
Approving a farm lease
with Kenneth G. and Janet
M. Bergfeld. Seconded by
Connors. Motion carried 7-
0.
Capital Improvement
Program Project -
Structural Assessment:
City Manager recommend-
ing approval of an addition
to the Airport's Capital
Improvement Program
budget for a structural
assessment for the
Quonset and shop building
in the amount of $9,950,
which will be 100% funded
with a State grant, upon
motion received and filed
and approved recommen-
dation.
Small Community Air
Service Development Pilot
Program: Communication
of the City Manager to
Secretary Norman Mineta,
US Department of
Transportation, advising
that the City of Dubuque
endorses the Dubuque
Regional Airports' grant
application to the Small
Community Air Service
Development Pilot
Program, upon motion
received and filed and
approved recommenda-
tion.
Iowa Department of
Public Health:
Communication from the
Iowa Department of Public
Health advising that they
and the Association of
State and Territorial Dental
Directors have recognized
the City of Dubuque's con-
tribution to the dental pub-
lic health of lowa citizens,
upon motion received and
filed.
Mississippi on the River
LLC: Corporation. Counsel
recommending approval of
an Access and Indemnity
Agreement with
Mississippi on the River
LLC to do a photo shoot at
the Shot Tower, upon
motion received and filed
and approved recommen-
dation.
Business License Refund:
Request of Donald B.
Meyer, Main Street
Caboose, Inc., for a refund
of his beer/liquor license in
the amount of $211.25,
upon motion received and
filed and approved
request.
Business Licenses:
Michalski moved adoption
of Resolution No. 245-03
Granting the issuance of
three renewal permits to
sell cigarettes and ciga-
rette papers; Resolution
No. 246-03 Granting the
issuance of a Class "B"
Beer (5 Day Special Event)
Permit to Dubuque Area
Labor Management (Tents
A, B and C); and Class "C"
Beer Permit to IOCO
Speede Shoppe #2 and
Amoco Food Shop and
Resolution No. 247-03
Granting the issuance of a
Class "C" Beer/Liquor
License to House of China,
Mad Hatters, , Dubuque
Five Flags Center and
Grape Harbor (Cafe
Outdoor Service); and
Class "B" Wine License to
Basket Expressions.
Seconded by Connors.
Motion carried 7-0.
ITEMS TO BE SET FOR
PUBLIC HEARING
Voluntary Annexation
Request - Callahan
Construction: City
Manager recommending
that a public hearing be set
for August 18, 2003 to con-
sider a voluntary annexa-
tion request by Callahan
Construction, Inc for forty
acres of land on Seippel
Road north of the Dubuque
Industrial Center West,
concurrent with rezoning,
upon motion received and
filed and set for public
hearing on 8/18/03 at a
meeting to commence at
6:30 P.M. in the public
library auditorium and the
City Clerk publish notice in
the manner prescribed by
law.
Port of Dubuque Building
Demolition and Site
Clearance Project: City
Manager recommending
initiation of the public bid-
ding process for the Port of
Dubuque Logging
Properties - Building
Demolition and Site
Clearance Project and that
a public hearing be set for
August 18, 2003, upon
motion received and filed.
Cline moved adoption of
Resolution No. 248-03
Preliminary approval of
plans and specifications;
Resolution No. 249-03
Setting date of hearing on
preliminary plans and
specifications for 8/18/03
at a meeting to commence
at 6:30 P.M. in the public
library auditorium and the
City Clerk publish notice in
the manner prescribed by
law; and Resolution No.
250-03 Ordering bids.
Seconded by Nicholson.
Motion carried 7-0.
BOARDS/COMMISSIONS
Applicants are invited to
address the Council
regarding their desire to
serve on the following
Boards/Commissions:
Community Development
Advisory Commission (Two
vacancies from Low/
Moderate Income Area
through 2/15/04 and
2/15/05): Applicant:
David Oliver (Low/
Moderate Income Area).
Mr. Oliver spoke request-
ing consideration for
appointment.
Housing Commission
(One unexpired 3-year
term through 8/17/05)
Applicant: Gina Bell, who,
though unable to be in
attendance had conveyed
interest in this position.
Transit Board of Trustees
(One 3-year term through
7/30/03 - term of Bemis)
Applicant: Harry J. Bemis.
No one spoke.
PUBLIC HEARINGS
Upon motion the rules
were suspended to allow
anyone present to speak.
605 West Locust and
2085, 2085 1/2 Foye Street -
Request to Rezone: Proof
of publication on notice of
hearing to consider rezon-
ing property located at 605
West Locust and 2085,
2085 1/2 Foye Street from
C-1 Neighborhood
Commercial District and R-
2A Alternate Two -Family
Residential District to C-2
Neighborhood Shopping
Center District at the
request of Christopher and
Jennifer Spahn and Zoning
Advisory Commission rec-
ommending denial, and
communication from Mrs.
Marjorie Lee in opposition
to the proposed rezoning,
upon motion received and
filed.
Attorney Brian Kane, rep-
resenting the Spahn's,
requested approval of the
Ordinance, stating condi-
tions on the property, . if
necessary, would be
accepted by them.
Lindsay Engling, 1913
Ellis, as President of Valley
View Neighborhood Assn.,
spoke in favor of the pro-
posed rezoning.
Betty Lee of 427 1/2 West
Fourth Street, Mrs. James
Lee of 594 Almond, Jerry
Pottebaum of 659 W.
Locust, John Plein of 667
W. Locust, Jennifer Welsh
of 2119 Foye, and Cindy
Welsh of 2119 Foye, all
spoke objecting to the pas-
sage of the Ordinance for
the proposed strip mall.
David Fisch, 406 Almond,
spoke in support of the
project, stating there were
33 people at the
Neighborhood meeting
and no one was opposed.
Dan Roth of 1954 Ellis and
Vincent Manders of 569 W,
Locust, both spoke in favor
of the project.
Ordinance No. 54-03
Amending Appendix A (the
Zoning Ordinance) of the
City of Dubuque Code of
Ordinances by reclassify-
ing hereinafter described
property located at 605
West Locust and 2085,
2085 1/2 Foye Street from
R-2A Altemate Two -Family
Residential District and C-1
Neighborhood Commercial
District to C-2
Neighborhood Shopping
Center District, presented
and read. Buol moved that
the requirement that a 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 Connors.
Motion carried 7-0.
44 Main Street - Request
to Rezone: Proof of publi-
cation on notice of hearing
to consider rezoning prop-
erty located at 44 Main
Street from LI Light
Industrial to C-4
Downtown Commercial
District at the request of
Kevin Menning/ K & C
Investments and Zoning
Advisory Commission rec-
ommending approval,
upon motion received and
filed. Ordinance No. 55-
03 Amending Appendix A
(the Zoning Ordinance) of
the City of Dubuque Code
of Ordinances by reclassi-
fying hereinafter described
property located at 44
Main Street from LI Light
Industrial District to C-4
Downtown Commercial
District, presented and
read. Michalski moved that
the requirement that a 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 Cline. Motion
carried 7-0.
Harvest Development -
4100 Asbury Road -
Request to Rezone: Proof
of publication on notice of
hearing to consider rezon-
ing property located at
4100 Asbury Road from R-
1 Single -Family Residential
District and R-3 Moderate
Density Multi -Family
Residential District to PUD
Planned Unit Development
with a PR Planned
Residential designation to
allow development of a
180-unit senior assisted
living housing complex and
Zoning Advisory
Commission recommend-
ing approval, upon motion
received and filed.
Marty McNamer, 1199
Hunter's Ridge, of the
Harvest Development
Group, spoke requesting
passage of the Ordinance
allowing the proposed
development.
Ordinance No. 56-03
Amending Appendix A (the
Zoning Ordinance) of the
City of Dubuque Code of
Ordinances by reclassify-
ing hereinafter described
property located north of
Matthew John Drive from
R-1 Single -Family
Residential District and R-3
Moderate Multi -Family
Residential District to
Planned Unit Development
District with a PR Planned
Residential District desig-
nation and adopting a
Conceptual Development
plan with conditions, pre-
sented and read. Buol
moved that the require-
ment that a proposed
Ordinance be considered
and voted on for passage
at two Council Meetings
prior to the meeting at
which it is to be finally
passed be suspended and
further moved final consid-
eration and passage of the
Ordinance. Seconded by
Michalski. Motion carried
7-0.
Sale of Real Property -
2521 Stafford Street: Proof
of publication on notice of
hearing to consider the
sale of real estate at 2521
Stafford Street to Kristy
Monahan -Smith for the
amount of $71,500 and
City Manager recommend-
ing approval, upon motion
received and filed.
Kristy Monahan -Smith
spoke requesting Council
approve this disposition.
Connors moved adoption
of Resolution No. 251-03
Disposing of City -owned
property, specifically Lot
Two (2) of Lot One (1) and
the east one-half (E1/2) of
Lot Four (4) of Lot Two (2)
both in Greiger's
Subdivision in the City of
Dubuque, Dubuque, Iowa
according to the recorded
plat thereof; otherwise
known as 2521 Stafford
Street. Seconded by Cline.
Motion carried 7-0.
Cooper Development
Loan Subordination Agree-
ment: Proof of publication
on notice of hearing to
consider a Subordination
Agreement with Dubuque
Bank and Trust Company
related to the City's mort-
gage interest associated
with Cooper Development
Company's Downtown
Rehabilitation Loan and
City Manager recommend-
ing approval, upon motion
received and filed.
Michalski moved adoption
of Resolution No. 252-03
Authorizing a
Subordination Agreement
in regard to a mortgage
interest in City Lot 73
(except the southerly three
inches thereof) in the City
of Dubuque, Dubuque
County, Iowa. Seconded
by Michalski. Motion car-
ried 7-0.
Upon motion the rules
were reinstated limiting
discussion to the Council.
ACTION ITEMS
East Dubuque Savings
Bank - Site Plan Review:
Zoning Advisory
Commission recommend-
ing approval of the site
plan for East Dubuque
Savings Bank at the south-
west corner of Cedar
Cross Road and Starlite
Drive, upon motion
received and filed and
approved with Mayor
Duggan absent briefly due
to possible conflict of inter-
est.
Electrical Fee Ordinance:
City Manager recommend-
ing approval of a revised
fee schedule for electrical
permits for new commer-
cial and industrial projects,
upon motion received and
filed. Ordinance No. 57-
03 Providing that the Code
of Ordinances, City of
Dubuque, Iowa, be amend-
ed by revising the electrical
permit fee schedule for
new commercial and
industrial buildings for the
City of Dubuque, Iowa,
presented and read. Buol
moved that the require-
ment that a 'proposed
Ordinance be considered
and voted on for passage
at two Council Meetings
prior to the meeting at
which it is to be finally
passed be suspended and
further moved final consid-
eration and passage of the
Ordinance. Seconded by
Michalski. Motion carried
7-0.
Resources Enhancement
and Protection (REAP)
Program: City Manager
recommending City
Council approval of an
updated REAP Plan, con-
firmation of a representa-
tive to the REAP commit-
tee, and approval of the
Fiscal Year 2005 REAP
grant application, upon
motion received and filed.
Michalski moved that the
updated REAP Plan be
approved; that Council
Member Joyce Connors be
reappointed to the REAP
Committee; and adoption
of Resolution No. 253-03
Authorizing a grant appli-
cation to the Iowa
Department of Natural
Resources for REAP funds
for Pyatigorsk Park.
Seconded by Cline. Motion
carried 7-0.
Vendor Application
Process: City Manager rec-
ommending approval of
the criteria for use of public
right-of-way for vending at
the Port of Dubuque and
Hawthorne Street
Peninsula, upon motion
received and filed and
approved recommenda-
tion.
The following Agenda
item was withdrawn at the
request Fondell Excavating
- Eagle Valley Subdivision:
City Manager recommend-
ing approval of assistance,
with guarantees, to Fondell
Excavating, Inc. to facili-
tate development of Eagle
Valley Subdivision, which
is a new subdivision of
affordable owner -occupied
housing along Roosevelt
Road.
Fiscal Year 2004 Budget
Amendment: City Manager
submitting information on
the Fiscal Year 2004 bud-
get amendment and utility
franchise fee and recom-
mending that a public
hearing be set for July 28,
2003 to consider adoption
of a franchise fee, upon
motion set public hearing
for Monday, 7/28/03 at a
meeting to commence at
6:00 P.M. in the public
library auditorium and that
the City Clerk publish
notice in the manner
required by law.
Jackson Park Historic
District / Downtown
Neighborhood Council:
Communication of the City
Manager requesting that
this item be denied and
Historic Preservation
Commission recommend-
ing approval of a request
from the Downtown
Neighborhood Council for
funding in the amount of
$15,905.80 from the
Historic District Public
Improvement Program to
install trash receptacles,
park benches, planters and
street trees in Jackson
Park and the public right-
of-way in the Jackson Park
Historic District, upon
motion received and filed
and approved the recom-
mendation to deny.
Historic Bluffs
Neighborhood Association:
Communication from the
Historic Bluffs
Neighborhood Association
requesting that the Council
reconsider pulling funding
from the existing Historic
District Public
Improvement Program,
upon motion received and
filed. Communication of
the City Manager request-
ing that this item be denied
and Communication of the
Historic Preservation
Commission recommend-
ing approval of a request
from the Historic Bluff
Neighborhood Association
for funding in the amount
of $86,032.50 from the
Historic District Public
Improvement Program to
install historic street light-
ing in the public right-of-
way along Loras Boulevard
from Bluff Street to Prairie
Street, upon motion
received and filed and
approved the recommen-
dation to deny.
Downtown Neighborhood
Council: Communication of
the City Manager request-
ing that this item be denied
and Historic Preservation
Commission recommend-
ing approval of a request
from the Downtown
Neighborhood Council for
funding in the amount of
$12,155.03 from the
Historic District Public
Improvement Program to
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