Proof Council Minutes 12 16 02 Circle.
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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
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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
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corpora
publish
certify t
dates: