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Proof Council Minutes 12 16 02 Circle. Oist~ioL~ 0~ sTATE OF IoWA DUBUQUE CouNTY CERTIFICATION Sherri A. Y~XP--u--u--u--u-~D a Billing Clerk f I. ~q~er of the Teleg~ corporation, puuu~ published in the City of Dubuque, certify that the attached notice was dates: December 26, 2002, and for S ,~,~cribed to before me, a~ote th~s ~_~9~ tray° ~ ~ COrtege- NJchoisOn, , notice of permR Markham. tdthb Ooaticii~ sTATE OF IoWA DUBUQUE COUNTY CERTIFICATION OF i A Yutz% a Billing Clerk for I, ~oher of the Telegraph corporatlort, ed in the City of Dubuque, Count publish- :' -~tice w~ pub~ ce~i~ that ~e a~cnea dates: December 26, 2002, ~d for w~cl Subscribed to before me, a~otary~ ~P~I this ~ day of CITY OF DUBUQUE, IOWA COUNCIL PROCEEDINGS OFFICIAL City Council, Monday, December 16, 2002 Council met in regular ses- sion at 6:30 P.M. in the Public Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Connors, Markham, Michalski, Nicholson, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl. Invocation was given by Reverend Jeffrey F. Bullock, Ph.D., President of the University of Dubuque. Mayor Duggan read the call and stated this is a regular session of the City Council called for the purpose of dis- cussing such matters which may properly come before the City Council. CONSENT ITEMS 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; ituman Rights er agent for the Iowa Communities Assurance Pool: Chris E. Cullen, E. David Wright for Welu, Inc. d/b/a Welu Printing Co., upon motion received and filed and concurred. Corporation Counsel recom- mending settlement of Ricky St. Claire claim in the amount of $108.69, upon motion received and filed and con- curred and Finance Director to issue proper payment. Citizen Communication: John Steger objecting to zoning interpretation, upon motion received and filed and referred to the City Manager. 2002 Human Rights Annual Report: Human Rights Commission submitting their 2002 Annual Report, upon motion received and filed. 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 improve- ment to U.S. 20 within the City of Dubuque, upon motion • received and filed. Markham requested clarifica- tion of the specifics of this Agreement which would include an intelligent travel control system and turn lanes at several intersections within the City of Dubuque. City Manager Michael Van Milligen and Public Works Director Mike Koch spoke and explained the details. Cline moved adoption of Resolution No. 636-02 Approving Agreement g between the City of Dubuque and the Iowa Department of Transportation for Improvements to US 20. Seconded by Michalski. Motion carried 7-0. 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., upon motion received and filed and referred to the City Manager. Workers' Compensation Claim Settlement: Corporation Counsel requesting approval of a proposed settlement of Workers' Compensation claim of John Fitzgibbons, upon motion received and filed and approved request. Grand River Center Request for Proposals for Creative Services: City Manager rec- ommending approval of a Request for Proposal for cre- ative development services for the Grand River Center, upon motion received and filed and approved request. Dubuque County Historical Society contract with Scharff - Weisberg Amendment: City Manager recommending approval of an amendment to the Contract with Scharff - Weisberg for National Scenic Byways Grant, upon motion received and filed and approved recommendation. The following item was removed at the request of the applicant: Plat of Survey, 1670 John F. Kennedy Road: Zoning Advisory Commission recom- mending approval of the Plat of Survey of Lot 1 and Lot 2 of Kopp's JFK Addition No. 2 and Resolution Approving the Plat of Survey of Lot 1 and Lot 2 of Kopp's JFK Addition No. 2 in the City of Dubuque, Iowa. 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, upon motion received and Improvement and Resolution No. 639-02 Final Estimate. Seconded by Markham. Motion carried 7-0. Civil Service Certification of Sanitation Driver Position: Civil Service Commission sub- mitting certification of individu- als tested for Sanitation Driver, upon motion received and filed and resolved to make a matter of record. Housing Tax Credit Gronen Properties: City Manager rec- ommending support of appli- cation for equity financing assistance for the Gronen Upper Main Revitalization Project, upon motion received and filed. Michalski moved adoption of Resolution No. 640-02 Authorizing the City Council to endorse the Gronen Properties' Application for Federal Assistance for a Rental Housing Rehabilitation Project on Upper Main Street. Seconded by Markham. Motion carried 7-0. YMCA Drive - Habitat for Humanity, Drainage Problem: City Manager responding to concerns by Habitat for Humanity as to drainage prob- lems on YMCA Drive, upon motion received and filed. Asbury Plaza Detention Basin Response: City Manager responding to concern of Judy Riniker about water runoff near the Asbury Plaza area, upon motion received and filed. Transit Boarding Facility Architectural Services: City Manager requesting authoriza- tion to negotiate a contract for Architectural Services to design a Transit Boarding Facility, upon motion received and filed and approved recom- mendation. 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 prepa- ration of the Downtown Master Plan, upon motion received and filed. Michalski moved adoption of Resolution No. 641-02 Authorizing Iowa Department of Economic Development Grant Agreement for Downtown Master Plan. Seconded by Markham. Motion carried 7-0. Mississippi River Discovery Center Wetlands Site Package II: City Manager recommend- ing authorization to execute a Supplemental Agreement for the Mississippi River Discovery Center (MRDC) Wetland Site Package II, Interior Walkways Project, upon motion received and filed. Michalski moved adop- tion of Resolution No. 642-02 Authorizing a Supplemental Agreement with the Iowa Department of Transportation for the Mississippi River Discovery Center Wetland Site Package II, Interior Walkways Project. Seconded by Markham. Motion carried 7-0. Dubuque Hardwoods Deeds: Corporation Counsel recom- mending acceptance of the deeds from Dubuque Hardwoods, Inc., Robert and Lynn Miller, and Midwest Hardwoods, Inc., upon motion received and filed. Michalski moved adoption of Resolution No. 643-02 Accepting the Deeds to certain Real Estate in Dubuque County, Iowa from Dubuque Hardwoods, Inc. and Robert and Lynn Miller and Resolution No. 644-02 Accepting the deed to certain Real Estate in Dubuque County, Iowa from Midwest Hardwoods, Inc. Seconded by Markham. Motion carried 7-0. Muddy Waters Business Acquisition or me r+um i lb ' upon motion received and filed. Michalski moved adop- tion of Resolution No. 646-02 Authorizing the Execution of a Contract with the Economic Development Administration. Seconded by Markham. Motion carried 7-0. Business Licenses: Michalski moved adoption of Resolution No. 647-02 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. and Resolution No. 648-02 Authorizing 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. Seconded by Markham. Motion carried 7-0. ITEM TO BE SET FOR PUBLIC HEARING Decorah Street Request to Vacate: City Manager recom- mending 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 purchase a portion of Decorah Street east of Adair Street, upon motion received and filed. Michalski moved adoption of Resolution No. 649-02 Approving Plat of Proposed Vacated Decorah Street East of Adair St. Seconded by Connors. Motion carried 7-0. Ordinance No. 98-02 Vacating Decorah Street East of Adair Street, presented and read. Michalski moved that the requirement 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 con- sideration and passage of the Ordinance. Seconded by Connors. Motion carried 7-0. Michalski moved adoption of Resolution No. 650-02 Of Intent to dispose of interest and vacate portions of Lot 10A and Lot 11A of Woodlawn Park and further set this for public hearing on 1/6/03 at a meeting to commence at 6:30 P.M. in the Public Library Auditorium and direct the City Clerk to publish notice in the manner required by law. Seconded by Connors. Motion carried 7-0. BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the fol- lowing 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, Vincent J. Vanden Heuvel, and Kimberly Walsh Penny Ehlinger, Kimberly Walsh, Cynthia Cechota, Charles Ryan, and Marty O'Shea spoke requesting con- sideration for appointment. PUBLIC HEARINGS Upon motion the rules were suspended to allow anyone present to speak. Mediacom Franchise Extension: Proof of publica- tion on notice of hearing to consider an additional three- month lease extension of the existing Mediacom cable fran- chise and City Manager rec- requesting direction, upon motion received and filed. John Herrig, 13668 Surrey Lane, Dubuque, Iowa spoke agreeing to install permanent sidewalks two years from this date and within sixty days will provide a walkway of crushed rock with a lime surface on the area in question. Buol moved that within sixty days a walkway of crushed rock with a lime surface be installed and that a two year extension from this date be given for permanent installa- tion of a sidewalk. Seconded by Connors. Motion carried 7- 0. Buol moved adoption of Resolution No. 651-02 With Respect to the Adoption of the Amended 2000 Sidewalk Installation Program without amendment, and Resolution No. 652-02 Adopting Plans and Specs. for the Amended 2000 Sidewalk Installation Program by deleting Embassy West Subdivision BAL Lot 1-1- A and Hamel Place and 361 Cedar Cross. Seconded by Connors. Motion carried 7-0. City Hall Annex Roof Replacement Project: Proof of publication on notice of hear- ing 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, upon motion received and filed. Markham moved adoption of Resolution No. 653-02 Adopting plans and specifications and Resolution No. 654-02 Awarding contract to Giese Sheet Metal. Seconded by Connors. Motion carried 7-0. Garfield Avenue and Stafford Street Rezoning Request: Proof of publication on notice of hearing to consider rezoning property located at the corner of Garfield Avenue and Stafford Street from R-2A Alternate Two -Family Residential District to R-3 Moderate Density at the request of Jay Winger / Winger Construction and Zoning Advisory Commission recom- mending denial and an Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque by reclassifying property at the corner of Garfield Avenue and Stafford Street from R-2A Alternate Two Family Residential District to R-3 Moderate Density Multi -Residential District, pre- sented and read. Lyle Daughetee, 715 Garfield and John McCann, 722 Rhomberg, spoke objecting to the proposed rezoning. Markham moved to deny the request for rezoning. Seconded by Connors. Motion carried 7-0. 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 Graff / John and Carol Heiderscheit and Zoning Advisory Commission recommending approval, communication of Tom and Jean McDermott objecting to proposed rezon- ing, and petition with 11 signa- tures objecting to proposed rezoning, and a communica- tion from Stan K and Lou Ann Ward of Tri-State Golf with- drawing their names from the petition, upon motion received Ordinance be considered ana 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 con- sideration and passage of the Ordinance, as amended. Seconded by Michalski. Motion carried 7-0. Upon motion the rules were reinstated limiting discussion to the Council. ACTION ITEMS SW Arterial Building Permit Moratorium Request: City Manager recommending approval of a request to allow Kim Sanford of 103 Cousins Road to build a garage in the Southwest Arterial Moratorium area, upon motion received and filed and approved recom- mendation. 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 Domain pro- ceedings to acquire Tower Hills Drive as a public street, upon motion received and filed and referred to the City Manager. Naming River's Edge Plaza as "America's Trust River's Edge Plaza:" City Manager recom- mending approval of a request that the River's Edge Plaza be named the "American Trust River's Edge Plaza" as the American Trust and Savings Bank has committed to donate $250,000 toward the America's River Project, upon motion received and filed and approved. 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, upon motion received and filed. Ordinance No. 101-02 Amending Section 32-262(d) of the Code of Ordinances of the City of Dubuque, Iowa, prohibiting parking on desig- nated streets or portions thereof adding a portion of the south side of Kane Street, either side of .Katrina Circle, presented and read. Buol moved that the requirement 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 fur- ther moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. 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, upon motion received and filed and approved recommenda- tion. Housing Tax Credit Area Residential Care / Kennedy Point Partnership: City Manager recommending sup- port of an application for equi- ty financing assistance for the Kennedy Point Limited Partnership project, upon motion received and filed. Markham moved adoption of Resolution No. 655-02 Authorizing the City Council to endorse an Application from Area Residential Care / Kennedy Point Partnership for Federal Assistance for Development of New Rental Acquisition: Communication of City Manager requesting authorization to purchase three flood damaged proper- ties on Old Mill Road (1620 Old Mill Rd., 1695 Old Mill Rd., 1699 Old Mill Rd.), upon motion received and filed and approved recommendation. Main Street Project, Fifth to Ninth Streets, Acceptance: City Manager recommending acceptance of the Main Street Project, Fifth to Ninth Streets, in the final contract amount of $2,110,113.35, upon motion received and filed. Michalski moved adoption of Resolution No. 656-02 Accepting Improvement; Resolution No. 657-02 Final Estimate and Resolution No. 658-02 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 install- ments 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 sched- ule and to publish notice thereof. Seconded by Buol. Motion carried 7-0. Brick Pavers Request: City Manager recommending approval of a 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, upon motion received and filed and approved recom- mendation. 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," upon motion received and filed. Buol moved adoption of Resolution No. 659-02 Designating an Area of the City of Dubuque to be known as the "Port of Dubuque." Seconded by Nicholson. Motion carried 7- 0. Holiday Refuse Collection Allowance: City Manager rec- ommending that the City offer one free refuse container sticker to assist citizens with holiday refuse, upon motion received and filed and approved. COUNCIL MEMBER REPORTS Connors commended several students that were in atten- dance. Michalski stated that the recent National League of Cities meeting was of superior quality with sessions on dynamic issues facing Dubuque and she appreciated the opportunity to attend. Nicholson stated that the incoming President of the National League of Cities requested a letter be sent to the President of the United States requesting Homeland Security funding be passed down to First Responders (Police and Fire). PUBLIC INPUT Ray Taylor, 17464 Gondola Drive, spoke objecting to the proposed fee for the Stormwater Utility, stating there are problems with sani- tary sewers and that check valves should be utilized. There being no further busi- ness, upon motion meeting adjourned at 8:59 P.M. Karen M. Chesterman Deputy City Clerk 1t 12/26 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: December 26, 2002, and for which the charge is $235.83. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this o2 t(ie day ofC).4�,_4o,.) , 20 0 c Notary Public in and for Dubuque County, Iowa. MARY K. WESTERMEYER Commission Number 154885 My Comm. Exp. FEB.1, 2005 Commission of 11/18; Long Range Planning Commission of 11/20; Park and Recreation Commission of 11/12, upon motion received and filed. 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, upon motion received and filed. Council Proceedings of October 2002, upon motion approved as printed. Finance Director submitting Financial Reports for the month ending November 30, 2002, upon motion received and filed. Notice of Claims/Suits: Chris E. Cullen for property damage; Welu, Inc. d/b/a Welu Printing Co. by Attorney E. David Wright for property damage, upon motion referred to the Legal Staff 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., upon motion received and filed and concurred. Corporation Counsel recom- mending settlement of Ricky St. Claire claim in the amount of $108.69, upon motion received and filed and con- curred and Finance Director to issue proper payment. Citizen Communication: John Steger objecting to zoning interpretation, upon motion received and filed and referred to the City Manager. 2002 Human Rights Annual Report: Human Rights Commission submitting their 2002 Annual Report, upon motion received and filed. 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 improve- ment to U.S. 20 within the City of Dubuque, upon motion • received and filed. Markham requested clarifica- tion of the specifics of this Agreement which would include an intelligent travel control system and turn lanes at several intersections within the City of Dubuque. City Manager Michael Van Milligen and Public Works Director Mike Koch spoke and explained the details. Cline moved adoption of Resolution No. 636-02 Approving Agreement between the City of Dubuque and the Iowa Department of Transportation for Improvements to US 20. Seconded by Michalski. Motion carried 7-0. 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., upon motion received and filed and referred to the City Manager. Workers' Compensation Claim Settlement: Corporation Counsel requesting approval of a proposed settlement of Workers' Compensation claim of John Fitzgibbons, upon motion received and filed and approved request. Grand River Center Request for Proposals for Creative SArvk pR: Cltvv Mananer rec- filed. Michalski moved adop- tion of Resolution No. 637-02 Approving the Plat of Survey of Lot 1-2 and Lot 2-2 of Shipton's Second addition in the City of Dubuque, Iowa. Seconded by Markham. Motion carried 7-0. 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, upon motion received and filed and approved recommendation. 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, upon motion received and filed. Michalski moved adoption of Resolution No. 638-02 Accepting Improvement and Resolution No. 639-02 Final Estimate. Seconded by Markham. Motion carried 7-0. Civil Service Certification of Sanitation Driver Position: Civil Service Commission sub- mitting certification of individu- als tested for Sanitation Driver, upon motion received and filed and resolved to make a matter of record. Housing Tax Credit Gronen Properties: City Manager rec- ommending support of appli- cation for equity financing assistance for the Gronen Upper Main Revitalization Project, upon motion received and filed. Michalski moved adoption of Resolution No. 640-02 Authorizing the City Council to endorse the Gronen Properties' Application for Federal Assistance for a Rental Housing Rehabilitation Project on Upper Main Street. Seconded by Markham. Motion carried 7-0. YMCA Drive - Habitat for Humanity, Drainage Problem: City Manager responding to concerns by Habitat for Humanity as to drainage prob- lems on YMCA Drive, upon motion received and filed. Asbury Plaza Detention Basin Response: City Manager responding to concern of Judy Riniker about water runoff near the Asbury Plaza area, upon motion received and filed. Transit Boarding Facility Architectural Services: City Manager requesting authoriza- tion to negotiate a contract for Architectural Services to design a Transit Boarding Facility, upon motion received and filed and approved recom- mendation. 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 prepa- ration of the Downtown Master Plan, upon motion received and filed. Michalski moved adoption of Resolution No. 641-02 Authorizing Iowa Department of Economic Development Grant Agreement for Downtown Master Plan. Seconded by Markham. Motion carried 7-0. Mississippi River Discovery Center Wetlands Site Package II: City Manager recommend- ing authorization to execute a Supplemental Agreement for the Mississinoi River Response: City Manager responding ' to letter from Jessica Barnes concerning police enforcement at the Muddy Waters establishment at 18th and Central, upon motion received and filed. Application for EPA Brownfield 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, upon motion received and filed. Michalski moved adoption of Resolution No. 645-02 Endorsing the Submission of a Brownfield Cleanup Grant Application to the U.S. Environmental 'Protection Agency for Clek,up Activities in the Port of Dubuque. 'Seconded by Markham. Motion carried 7-0. EDA Grant for Adams Co. Acquisition: City Manager rec- ommending approval of a con- tract with the Economic Development Administration for a $2 Million Grant for the Acquisition of the Adams Co., upon motion received and filed. Michalski moved adop- tion of Resolution No. 646-02 Authorizing the Execution of a Contract with the Economic Development Administration. Seconded by Markham. Motion carried 7-0. Business Licenses: Michalski moved adoption of Resolution No. 647-02 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. and Resolution No. 648-02 Authorizing 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. Seconded by Markham. Motion carried 7-0. ITEM TO BE SET FOR PUBLIC HEARING Decorah Street Request to Vacate: City Manager recom- mending 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 purchase a portion of Decorah Street east of Adair Street, upon motion received and filed. Michalski moved adoption of Resolution No. 649-02 Approving Plat of Proposed Vacated Decorah Street East of Adair St. Seconded by Connors. Motion carried 7-0. Ordinance No. 98-02 Vacating Decorah Street East of Adair Street, presented and read. Michalski moved that the requirement 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 con- sideration and passage of the Ordinance. Seconded by Connors. Motion carried 7-0. Michalski moved adoption of Resolution No. 650-02 Of Intent to dispose of interest and vacate portions of Lot 10A and Lot 11A of Woodlawn Park and further set this for public hearing on 1/6/03 at a meeting to commence at 6:30 P.M. in the Public Library ommending approval and communication of Charlie Ellis, Chair of Cable Regulatory Commission, requesting that an extension be granted, upon motion received and filed. Ordinance No. 99-02 Extending the termof the existing Cable Franchise Agreement and Hub Site Lease of MCClowa, LLC to March 31, 2003, presented and read. Buol moved that the requirement that a pro- posed Ordinance be consid- ered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspend- ed and further moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7- 0. Embassy West Drive Sidewalk: Proof of publication on notice of hearing on amended plans and specifica- tions to consider the Embassy West Drive sidewalk installa- tion as part of the amended 2000 Sidewalk Installation Program and City Manager requesting direction, upon motion received and filed. John Herrig, 13668 Surrey Lane, Dubuque, Iowa spoke agreeing to install permanent sidewalks two years from this date and within sixty days will provide a walkway of crushed rock with a lime surface on the area in question. Buol moved that within sixty days a walkway of crushed rock with a lime surface be installed and that a two year extension from this date be given for permanent installa- tion of a sidewalk. Seconded by Connors. Motion carried 7- 0. Buol moved adoption of Resolution No. 651-02 With Respect to the Adoption of the Amended 2000 Sidewalk Installation Program without amendment, and Resolution No. 652-02 Adopting Plans and Specs. for the Amended 2000 Sidewalk Installation Program by deleting Embassy West Subdivision BAL Lot 1-1- A and Hamel Place and 361 Cedar Cross. Seconded by Connors. Motion carried 7-0. City Hall Annex Roof Replacement Project: Proof of publication on notice of hear- ing 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, upon motion received and filed. Markham moved adoption of Resolution No. 653-02 Adopting plans and specifications and Resolution No. 654-02 Awarding contract to Giese Sheet Metal. Seconded by Connors. Motion carried 7-0. Garfield Avenue and Stafford Street Rezoning Request: Proof of publication on notice of hearing to consider rezoning property located at the corner of Garfield Avenue and Stafford Street from R-2A Alternate Two -Family Residential District to R-3 Moderate Density at the request of Jay Winger / Winger Construction and Zoning Advisory Commission recom- mending denial and an Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque by reclassifying property at the corner of Garfield Avenue and Stafford Street from R-2A Alternate Two Family Residential District and filed. Jerry and Lisa Graff, as appli- cants, spoke detailing their request for rezoning of the 150' of property. Tim Duggan, 1057 Bonnie Ct., spoke objecting to the proposed rezoning. Carole Heiderscheit, as appli- cant, spoke also to the pro- posed rezoning. Council recessed the public hearing until Exhibit B was prepared and signed by all of the applicants which would limit the rezoning to Business Services only. Council reconvened the Public Hearing. Ordinance No. 100-02 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying property north of 3001 North Cascade Road from R-1 Single Family Residential District to C2 Neighborhood Shopping District, as amend- ed, presented and read. Markham moved that the requirement 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 con- sideration and passage of the Ordinance, as amended. Seconded by Michalski. Motion carried 7-0. Upon motion the rules were reinstated limiting discussion to the Council. ACTION ITEMS SW Arterial Building Permit Moratorium Request: City Manager recommending approval of a request to allow Kim Sanford of 103 Cousins Road to build a garage in the Southwest Arterial Moratorium area, upon motion received and filed and approved recom- mendation. 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 Domain pro- ceedings to acquire Tower Hills Drive as a public street, upon motion received and filed and referred to the City Manager. Naming River's Edge Plaza as "America's Trust River's Edge Plaza:" City Manager recom- mending approval of a request that the River's Edge Plaza be named the "American Trust River's Edge Plaza" as the American Trust and Savings Bank has committed to donate $250,000 toward the America's River Project, upon motion received and filed and approved. 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, upon motion received and filed. Ordinance No. 101-02 Amending Section 32-262(d) of the Code of Ordinances of the City of Dubuque, Iowa, prohibiting parking on desig- nated streets or portions thereof adding a portion of the south side of Kane Street, either side of ,Katrina Circle, presented and read. Buol moved that the requirement 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 fur - Housing on Kennedy Circle. Seconded by • Connors. Motion carried 7-0. Wayfinding Signage Districts: Communication of City Manager requesting Council approve the Wayfinding Signage System Map, rename the Riverfront District to the Port of Dubuque District and provide direction on the Grandview District or College - Grandview District, upon motion approved the Wayfinding Signage System Map, renamed the Riverfront District to the Port of Dubuque and directed that the district should be named the College - Grandview District. 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, upon motion received and filed and approved. Old Mill Road Property Acquisition: Communication of City Manager requesting authorization to purchase three flood damaged proper- ties on Old Mill Road (1620 Old Mill Rd., 1695 Old Mill Rd., 1699 Old Mill Rd.), upon motion received and filed and approved recommendation. Main Street Project, Fifth to Ninth Streets, Acceptance: City Manager recommending acceptance of the Main Street Project, Fifth to Ninth Streets, in the final contract amount of $2,110,113.35, upon motion received and filed. Michalski moved adoption of Resolution No. 656-02 Accepting Improvement; Resolution No. 657-02 Final Estimate and Resolution No. 658-02 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 install- ments 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 sched- ule and to publish notice thereof. Seconded by Buol. Motion carried 7-0. Brick Pavers Request: City Manager recommending approval of a 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, upon motion received and filed and approved recom- mendation. 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," upon motion received and filed. Buol moved adoption of Resolution No. 659-02 Designating an Area of the City of Dubuque to be known as the "Port of Dubuque." Seconded by Nicholson. Motion carried 7- 0. Holiday Refuse Collection Allowance: City Manager rec- ommending that the City offer one free refuse container sticker to assist citizens with holiday refuse, upon motion received and filed and approved. COUNCIL MEMBER STA' DUB I, She corpora publish certify t dates: