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