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12 16 02 Skeleton SheetCITY COUNCIL, SPECIAL SESSION, DECEMBER 16, 2002 COUNCIL MET IN SPECIAL SESSION AT. '~45~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. ABSENT: Mayor Duggan read the call and stated this is a special session of the City Council called for the purpose of discussing the Stormwater Utility. Ayes Markham Michalski Nicholson Buol Cline Connors Duggan CITY COUNCIL, REGULAR SESSION, DECEMBER 16, 2002 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. ABSENT: Mayor Duggan read the call and stated this is a regular session of the City Council called for the purpose of discussing such matters which may properly come before the City Council. Invocation was given by: Reverend Jeffrey F. Bullock, Ph.D., President of the University of Dubuque CONSENT ITEMS NOTE: (1) Tell Council that consent item 25 - RESOLUTION of Liquor Licenses, that the Charhouse Restaurant Liquor License application has been pulled; ???? (2) ALSO, THAT consent item 10 - Plat of Survey at 1670 JF Kennedy Rd. has been pulled Offthe A.qenda. (3) Consent Item No. 19 -- IDED Grant A.qreement for Downtown Master Plan has a Resolution Authorizing Iowa Department of Economic Development Grant A.qreement for DOWNTOWN MASTER PLAN with a Su.qRested Disposition to Adopt the Resolution. Ayes Nays ~ Markham / Michalski Nicholson Buol Cline Connors Duggan '1. Minutes Submitted: City Council of 12/2 and 12/9; Five Flags Commission of 8/19 and 9/16; Housing Code Appeals Bd. of 11/19; Human Rights Commission of 11/18; Long Range Planning Commission of 11/20; Park and Recreation Commission of 11/12; Proofs of publication of City Council Proceedings of 11/18/02 and 11/25/02 and List of Claims and Revenues for month ending October 31,2002. Cobncil Proceedings of October 2002. Finance Director submitting Financial Reports for the month ending November 30, 2002. Suggested Disposition: Receive and File; Approve as Printed Ayes Nays Markham Michalski ~-- ~ Nicholson Buol Cline Connors Duggan 2 Notice of Claims/Suits Chris E. Cullen for property damage; E. David Wright for property damage. Welu, Inc. dba Welu Printing Co. by Attorney Suggested Disposition: Receive and File; Refer to Legal for Investigation and Report Corporation Counsel advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Chris E. Cullen, E. David Wright for Welu, inc. d/b/a Welu Printing Co. Corporation Counsel recommending settlement of Ricky St. Claire claim in the amount of $108.69. Suggested D_i_sposifion~. Receh~ an-d File ~at~d-Con~r Citizen Communication John Steger objecting to zoning interpretation. 2002 Human Rights Annual Report Human Rights Commission submitting their 2002 Annual Report Suggested Disposition: Receive and File IDOT Agreement - U.S. Highway 20 Intersection City Manager recommending approval of a pre-construction Agreement between the City and the Iowa Department of Transportation for improvement to U.S. 20 within the City of Dubuque. Resolutidn Approving Agreement between the City of Dubuque and the Iowa Department of Transportation for improvements to US 20 Receive andF~ and 3~dopt Resolution Dubuque Community Schools Request to Purchase Property Communication from the Dubuque Community School District to vacate a portion of City alley abutting School District property at 330 Bryant Street, 340 Bryant Street, and 1280 Mt. Loretta St. Suggested Disposition: Receive and File and Refer to the City Manager Ayes Nays Markham ~. Michalski Nicholson Buol j Cline Connors Duggan Workers' Compensation Claim Settlement Corporation Counsel requesting approval of a proposed settlement of Workers' Compensation claim of John Fitzgibbons. Suggested Disposition: Receive and File and Approve Grand River Center Request for Proposals for Creative Services City Manager recommending approval of a Request for Proposal for creative development services for the Grand River Center. Suggested Disposition: Receive and file and approve. Dubuque County Historical Society contract with Scharff-Weisberg Amendment City Manager recommending approval of the amendment to the Contract with Scharff-Weisberg for National Scenic Byways Grant. Suggested Disposition: Receive and file and approve. Ayes Nays Markham Michalski Nicholson Buol Cline Connors Duggan 4 /~10. ~O~:U rvey, '1670~"Joh n F. Ke Dnr~edyROad // Zon, i,ng_~dvisory comm'~sion r(~,~o, mmending approval of the Plat of Survey of Lot 1 \ and Lot 2 of Kopp's JFK A~ldition No. 2. 11. 12. Plat of Survey, Rockdale Road Zoning Advisory Commission recommending approval of the Plat of Survey of Lot 1-2 and Lot 2-2 of Shipton's Second Addition. RESOLUTION (~*~-O~, Approving the Plat of Survey of Lot 1-2 and Lot 2-2 of Shipton's Second addition in the City of Dubuque, Iowa. Suggested Disposition: Receive and File; Adopt Resolution Downtown Planning Committee Membership Communication of Long Range Planning Commission recommending adding two new members to the Downtown Planning Commission from Dubuque Initiatives and Dubuque Cultural Alliance. Suggested Disposition: Receive and File; Approve Ayes Nays ~Vlarkham ,/ Michalski Nicholson Buol Cline Connors Duggan 5 13. Ice Harbor Maintenance Dredging Project - Acceptance City Manager recommending acceptance of the 2002 Maintenance Dredging Project - Ice Harbor Flood Control Gate Structure in the final amount of $109,925.00, RESOLUTION RESOLUTION Accepting Improvement ¢)~'' Final Estimate Suggested Disposition: Receive and File; Adopt Resolutions Ayes Nays Markham Michalski Nicholson Buol Cline Connors Duggan 14. Civil Service Certification of Sanitation Driver Position Civil Service Commission submitting certification of individuals tested for Sanitation Driver. Suggested Disposition: Receive and File and Make Matter of Record 6 15. 16. Housing Tax Credit Gronen Properties City Manager recommending support of application for equity financing assistance for the Gronen Upper Main Revitalization Project. RESOLUTION ~ ~ - 0 ~ Authorizing the City Council to endorse the Gronen Properties' Application for Federal Assistance for a Rental Housing Rehabilitation Project on Upper Main Street. Suggested Disposition: Receive and File; Adopt Resolution YMCA Drive - Habitat for Humanity, Drainage Problem City Manager responding to concerns by Habitat for Humanity as to drainage problems on YMCA Drive. Suggested Disposition: Receive and File Ayes Nays Markham Michalski Nicholson Buol Cline Connors Duggan 7 17. 18. 19. Asbury Plaza Detention Basin Response City Manager responding to concern of Judy Riniker about water runoff near the Asbury Plaza area. Suggested Disposition: Receive and File Transit Boarding Facility Architectural Services City Manager requesting authorization to negotiate a contract for Amhitectural Services to design a Transit Boarding Facility. Suggested Disposition: Receive and File and Approve Iowa Department of Economic Development Grant Agreement for Downtown Master Plan City Manager recommending approval of an Agreement with the Iowa Department of Economic Development for a $25,000 grant from IDED's Community Development Fund for preparation of the Downtown Master Plan. RESOLUTION No. ~t- ~) ~-~ Authorizing Iowa Department of Economic Development Grant Agreement for Downtown Master Plan Suggested Disposition: Receive and File and Adopt Resolution 8 20. Mississippi River Discovery Center Wetlands Site Package II City Manager recommending authorization to execute a Supplemental Agreement for the Mississippi River Discovery Center (MRDC)Wetland Site Package II, Interior Walkways Project. RESOLUTION 'T ° Authorizing a Supplemental Agreement with the Iowa Department of Transportation for the Mississippi River Discovery Center Wetland Site Package II, Interior Walkways Project. Suggested Disposition: Receive and File; Adopt Resolution 21. Dubuque Hardwoods Deeds Corporation Counsel recommending acceptance of the deeds from Dubuque Hardwoods, Inc.j Robert and Lynn Miller, and Midwest Hardwoods, Inc. RESOLUTION Accepting the Deeds to certain Real Estate in Dubuque County, Iowa from Dubuque Hardwoods, Inc. and Robert and Lynn Miller. RESOLUTIO-'N"A'~pting the deed to certain Real Estate in Dubuque County, Iowa from Midwest Hardwoods, Inc. Suggested Disposition: Receive and File; Adopt Resolutions Ayes Nays Markham Michalski Nicholson Buol Cline Connors Duggan 9 22. 23. Muddy Waters Business Response City Manager responding to letter from Jessica Barnes concerning police enforcement at the Muddy Waters establishment at 18~h and Central. Suggested Disposition: Receive and File Application for EPA Brownfleld Clean-Up Grant City Manager recommending endorsement of a submission of an application for the EPA Brownfield Cleanup Grant Application for Petroleum Contaminated Property in the Port of Dubuque. RESOLUTION ~ ~'~(~7,~, Endorsing the Submission of a Brownfield Cleanup Grant Application to the U.S. Environmental Protection Agency for Cleanup Activities in the Port of Dubuque. Suggested Disposition: Receive and File; Adopt Resolution Ayes Nays Markham Michalski Nicholson Buol Cline Connors Duggan 10 24. 25. EDA Grant for Adams Co. Acquisition City Manager recommending approval of a contract with the Economic Development Administration for a $2 Million Grant for the Acquisition of the Adams Co. RESOLUTION ~ ~{~ ~ ~) 7/Authorizing the Execution of a Contract with the Economic Development Administration Suggested Disposition: Receive and File and Adopt Business Licenses RESOLUTION ~ ~ ~ ~Authorizing the issuance of Class C Beer Permit to Kwik Stop Food Mart, 2320 Hwy 61, IOCO Speede Shoppe at 2150 Twin Valley, Big 10 Mart at 9th and Central, and Hy-Vee #2 at 4800 Asbury Rd. DELETE CHAR HOUSE .... RESOLUTION ~ ~-0 7~AAuthorizing the issuance of Class B Hotel-Motel Liquor License to Julien Inn at 200 Main, Holiday Inn 5 Flags at 450 Main St. and Class C Beer/Liquor License to Michael's Bar X at 2616 Windsor Ave.; White House at 450 W. Locust; Moracco at 1413 Rockdale Rd.; Ryan House at 1375 Locust St.; . and Bowling & Beyond Dubuque at 1860 Hawthorne. Suggested Disposition: Adopt Resolutions Ayes Nays Markham Michalski Nicholson Buol Cline Connors Duggan 11 ITEMS TO BE SET FOR PUBLIC HEARING Decorah Street Request to Vacate City Manager recommending that a public hearing be set for January 6, 2003 to consider a request from Douglas and Jean Kapp and William and Carole Kubler to vacate and pumhase Decorah Street east of Adair Street. RESOLUTION ~/'~- ~' ¢ ?'~ Approving Plat of Proposed Vacated Decorah Street East of Adair St. ORDINANCE~g''-/'o '0 ~" Vacating Decorah Street East of Adair Street RESOLUTION [¢ ~ '~ ' 0'~ Of Intent to dispose of interest and vacate portions of LotlOA and Lot 1 lA of Woodlawn Park. Suggested Disposition: Receive and File; Adopt Resolutions; Motion B - Motion A; Set Public Hearing for 1/6/03 Ayes Nays Markham ~ Michalski Nicholson Buol Cline ~ Connors Duggan 12 ~ ~ BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Boards/Commissions: Human Rights Commission (Three 3-year terms to expire 1/1/06) Applicants: Cynthia Cechota, Penny Ehlinger, Joseph A. Hopkins, Marty O'Shea, Charles F. Ryan and Vincent J. Vanden Heuvel, and Kimberly Walsh PUBLIC HEARINGS SUSPEND THE RULES Ayes Nays Markham Michalski ~ Nicholson / Buol Cline Connors Duggan PUBLIC HEARING Mediacom Franchise Extension Proof of publication on notice of hearing to consider an additional three-month lease extension of the existing Mediacom cable franchise and City Manager recommending approval. Communication of Charlie Ellis, Chair of Cable Regulatory Commission, requesting that an extension be granted. ORDINANCE-- ~ ~ ~ ~) ~' Extending the term of the existing Cable Franchise Agreement and Hub Site Lease of MCCIowa, LLC to March 31,2003. Suggested Disposition: Receive and File; Motion B; Motion A Ayes Nays Markham Michalski ¢-Nicholson / Buol Cline Connors Duggan 14 ~/~/~ t~F~O OTHER RESOLUTIONS FOR MENTION THE ADDITION THE COUNCIL TO ACT UPON: Public Hearing 2. Embassy West Drive Sidewalk Proof of publication on notice of hearing on a~,~ted plans and specifications to consider the Embassy West Drive sidewalk installation as part of the amended 2000 Sidewalk Installation Program and City Manager requesting direction. RESOLUTION ~ ~t~' ~With Respect to the Adoption of the Amended 2000 14 Public Hearing 3. City Hall Annex Roof Replacement Project Proof of publication on notice of hearing on plans and specifications and notice to bidders on the receipt of bids, and City Manager recommending awarding of the contract for the City Hall Annex Roof Replacement Project to Giese Sheet Metal of Dubuque, Iowa in the contract amount of $29,500. RESOLUTION ~ O ~Adopting plans and specifications RESOLUTION ~' ~Awarding contract to Giese Sheet Metal Suggested Disposition: Receive and File; Adopt Resolutions Ayes Nays / Markham Michalski Nicholson Buol Cline ~ Connors Duggan 15 Public Hearing 4. Garfield Avenue and Stafford Street Rezoning Request Proof of publication on notice of hearing to consider rezoning property located at the comer of Garfield Avenue and Stafford Street from R-2A Alternate Two-Family Residential District to I~ Moderate Density at the request of Jay Winger/Winger Construction,~and ~§ Advisory Commission recommending denial. ORDINANCE ~ / Amending Appendix A (the Zoning Ordinance) of the City of Dubuque~/b,v~reclassifying property at the corner of Garfield Avenue and Stafford Street/from'l~2A Alternate Two Family Residential District to R-3 Moderate Der~ity Multi-Residential District. Suggested Disposition: Receive and File; Concur with Denial o.~r Motion B; Motion A (Super Majority Vote Needed) Public Hearing 5. 3001 North Cascade Road Rezoning Request Proof of publication of notice of hearing to consider rezoning property located at 3001 North Cascade Road from R-1 Single Family Residential District to C2 Neighborhood Shopping Center District at the request of Jerry and Lisa Graft/John and Carol Heiderscheit and Zoning Advisory Commission recommending approval. Communication of Tom and Jean McDermott objecting to proposed rezoning. Petition with 11 signatures objecting to proposed rezoning. ORDINANCE ], ~ ~ ~ ~) ~ Amending Appendix A (the Zoning Ordinance) of the City of Dubuqu~ Code of Ordinances by reclassifying property at 3001 North Cascade Road from R-1 Single Family Residential District to C2 Neighborhood Shopping District. . - ~'~/~~ ~ Ayes__ Nays ~~ U' / ~i~ Markham . ,~" / ,~ Michalski ~' t? ,, ~"Nicholson ~ ~/~'~, ¢Cline ~ ~l~' ~'~' {~ j.. Connors ,~ ,~,,~ Duggan 17 REINSTATE THE RULES Ayes Nays Markham / Michalski Nicholson Buol ~Q~ Cline C'Onnors Duggan ACTION ITEMS Action Item 1. SW Arterial Building Permit Moratorium Request City Manager recommending approval of a request to allow Klm Sanford of 103 Cousins Road to build a garage in the Southwest Arterial Moratorium area. Suggested Disposition: Receive and File and Approve Ayes Nays Markham <~> Michalski .Nicholson ] Buol Cline Connors Duggan 18 Action Item 2. Ed Tschiggfrie Requesting Tower Hills Drive as a Public Street Attorney Gary Norby on behalf of Ed Tschiggfrie - T-Corp., requesting that the City utilize Eminent Dom~in~ t~o ac%uire Tower Hills Drive as a public street. Suggested Disposition: Receive and File and Refer to City Manager Ayes Nays Markham Michalski 6~ Nicholson Buol / Cline Connors Duggan 19 Action Item 3. Naming River's Edge Plaza- NOTE: Materials will be distributed at the City Council Meeting. (Gave out 12/16/02 A.M. via email & left call for Tom Berryman) City Manager recommending Council approval to name the River's Edge Plaza as the "American Trust River's Edge Plaza. Suggested Disposition: Receive and File and Approve Aye s Nays Markham ~ Michalski Nicholson Buol / Cline Connors Duggan 2O Action Item 4. Kane Street Parking Amendment City Manager recommending adoption of an Ordinance prohibiting parking on the south side of Kane Street within 140 feet east and west of Katrina Circle. ORDINANCE ]~ i~ ~ ~ Amending Section 32-262(d) of the Code of Ordinances of the City of Dubuque, Iowa, prohibiting Parking on designated Streets or portions thereof adding a portion of the South Side of Kane Street, either side of Katrina Circle Suggested Disposition: Receive and File; Motion B, Motion A Ayes Nays Markham Michalski ~Nicholson ~' Buol Cline Connors Duggan 21 Action Item 5. Bee Branch Creek Restoration Project City Manager recommending approval to issue a request for proposals to do preliminary design and to conduct an alignment study for the Bee Branch Creek Restoration Project from 24th Street to the 16th Street Detention Basin. Suggested Disposition: Receive and File and Approve Ayes Nays Markham Michalski ~Nicholson J Buol Cline Connors Duggan ~ 22 Action Item 6. Housing Tax Credit Area Residential Care / Kennedy Point Partnership City Manager recommending support of application for equity financing assistance for the Kennedy Point Limited Partnership project. RESOLUTION ~d~'~ ~ Authorizing the City Council to endorse an Application from Area Residential Cam / Kennedy Point Partnership for Federal Assistance for Development of New Rental Housing on Kennedy Circle. Suggested Disposition: Receive and File; Adopt Resolution Ayes Nays t Markham Michalski Nicholson Buol Cline, ~. Connom Duggan 23 Wayfinding Signage Districts Communication of City Manager requesting Council approve the Wayfinding Signage System Map, rename the Riverl:ront District to the Port of Dubuque District and provide direction on the Grandview District or College-Grandview District. Suggested Disposition: Receive and File Ayes Nays Markham Michalski Nicholson Buol Cline Connors Duggan 24 National Pollutant Discharge Emission Systems - NPDES City Manager recommending approval of the process to assemble the City's National Pollution Discharge Elimination Phase II Permit Application to be submitted to the Iowa Department of Natural Resources. Suggested Disposition: Receive and File and Approve Ayes Nays Markham / Michalski Nicholson Buol ~ Cline ~ Connors Duggan 25 Old Mill Road Property Acquisition Communication of City Manager requesting authorization to purchase throe Flood Damaged properties on Old Mill Road (1620 Old Mill Rd., 1695 Old Mill Rd., 1699 Old Mill Rd.). Suggested Disposition: Receive and File and Approve Ayes Nays Markham Michalski ~L~ Nicholson Buol //Cline Connors Duggan 26 10, Main Street Project, Fifth to Ninth Streets, Acceptance Ci[y Manager recommending acceptance of the Main Street Project, Fifth to Ninth Streets, in the final contract amount of $2,110,113.35. RESOLUTION ~ ~-~ ''~)~'~Accepting Improvement RESOLUTION ~l'- ~)~ Final Estimate RESOLUTION ~"' 0-~' Adopting the final assessment schedule for the Main Street, Fifth to Ninth, Project including certain information required by the Code of Iowa, specifically the number of annual installments into which assessments are divided, the interest of unpaid installments, the time when the assessments are payable and directing the Clerk to certify the final schedule and to publish notice thereof. Suggested Disposition: Receive and File; Adopt Resolutions Ayes Nays Markham / Michalski Nicholson ~Buol Cline Connors Duggan 27 11. Brick Pavers Request City Manager recommending approval of request by Park Ranger Wayne Buchholz of the Iowa Department of Natural Resources to obtain brick pavers salvaged by the City and use them at the E.B. Lyons Center and RipRow Valley, Suggested Disposition: Receive and File and Approve Ayes Nays Markham Michalski ~Z. Nicholson Buol ]Cline Connors Du~an Action Item 12. Naming the Port of Dubuque City Manager requesting approval of the renaming of the area currently referred to as the "Fourth Street Peninsula" to the "Port of Dubuque. RESOLUTION _~J~'~" ~2 7~.~lDesignating an Area of the City of Dubuque to be known as the "Port of Dubuque" Suggested Disposition: Receive and File; Adopt Resolution Ayes Nays Markham Michalski ~ Nicholson / Buol Cline Connors Duggan 29 Action Item 13. Holiday Refuse Collection Allowance City Manager recommending that the City offer one free refuse container sticker to assist citizens with holiday refuse. Suggested Disposition: Receive and File and Approve Aye s Nays Markham /J Michalski Nicholson Buol Cline ~ Connors Duggan ADJOURN -Ayes Nays Markham ~ Michaiski Nicholson /Buo, Cline Connors Duggan 12/12~02 Karen M. Chesterman, Deputy City Clerk 3O