Loading...
Proof Council Minutes Regular Session 1 20 03 CITY OF DUBUQUE, IOWA COUNCIL PROCEEDINGS OFFICIAL City Council, Regular Session, January 20, 2003 Council met in Regular Session at 6:30 P.M. in the Library Auditorium ir Present: Mayor Duggan, Council Members Buol, Cline, Connors, Markham, Michalski, Nicholson, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl. Mayor Duggan read the call and stated this is a regular session of the City Council called for the purpose of dis- cussing such matters which may properly come before the City Council. Invocation was given by Reverend Tim Bees, Pastor, First Baptist Church. CONSENT ITEMS Minutes and Reports Submitted: Airport Commission of 12/16; Cable Community Teleprogramming Commission of 12/3; Civil Service Commission of 12/9 and 12/23; Environmental Stewardship Advisory Commission of 11/5; Five Flags Commission of. 10/21 and 11/18; Transit Board of 11/14; Zoning Advisory Commission of 1/8; Zoning_ Board of Adjustment of 12/19, upon motion received and filed. Proofs of publication of City Council proceedings of December 9 and December 16, 2002; and List of Claims and Summary of Revenues for month ending November 30, 2002, upon motion received and filed. Printed Official Council Proceedings for month of November, 2002, upon motion received and filed and approved as printed. Finance Director submitting the financial reports for the Month ending December 31, 2002, upon motion received and filed. Fiscal Year 2003 Second Quarter Report from the Substance Abuse Services Center, upon motion received and filed. Notice of Claims/Suits: Damian Baumhover for prop- erty damage; Paul J. Behnke for vehicle damage; Tim Bushman for property dam- age; William Gerlach for vehi- cle damage; Janice Hoerner for personal injury; Patricia Morrison for personal injury; 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: Corporation Counsel recom- mending denial of the claim of. Fannie Stout House for prop- erty damage, upon motion received and filed and con- curred. Corporation Counsel recom- mending settlement of the claim of Paul Behnke for prop- erty damage and William Gerlach for vehicle damage and directing Finance Director to issue proper payment, upon motion received and filed and concurred and Finance Director to issue payments. Citizen Communication: Communication from Mary Alice Walsh regarding the recently enacted "No Parking at Any Time" restriction on Kane Street, upon motion received and filed. Community Development Advisory Commission: Communication from R.J. Sullivan submitting his resig- nation from the Community Development Advisory Commission, upon motion of Lot 1 of 1 of 224 and Lot 2 of 1 of 224 Finley's Addition (2380 University Avenue) as requested by Dennis and Amy McCarthy, upon motion received and filed. Buol moved adoption of Resolution No. 12- 03 Approving the plat of sur- vey of Lot 1 of 1 of 224 and Lot 2 of 1 of 224 Finley's Addition. Seconded by Nicholson. Motion carried 7-0. O'Mara Second Subdivision - Plat of Subdivision: Zoning Advisory Commission recom- mending approval of the plat of subdivision of Lot 1 and 2 of O'Mara Second Subdivision (11983 Kennedy request of Roger Road) Kurt/Joseph and Beverly O'Mara, upon motion received and filed. Buol moved adoption of Resolution No. 13-03 Approving the plat of subdivision of Lot 1 and Lot 2 of O'Mara Second Subdivision in the County of Dubuque; Iowa. Seconded by Nicholson. Motion carried 7-0. 2002 Sidewalk Assessment Project: City Manager recom- mending approval of the final assessment schedule for the 2002 Sidewalk Assessment Project, upon motion received and filed. Buol moved adop- tion of Resolution No. 14-03 Adopting the final assessment schedule for the 2002 Sidewalk Assessment Project including certain information required by the Code of Iowa, specifically, the number of annual installments into which assessments are divided, the interest on all unpaid install- ments, the time when the assessments are payable and directing the Clerk to certify the final schedule and to pub- lish notice thereof. Seconded by Nicholson. Motion carried 7-0. Chavenelle Drive - Acceptance: City Manager recommending acceptance of the Chavenelle Drive Extension Project in the final contract amount of $583,148.07 as completed by Portzen Construction, Inc., upon motion received and filed. Buol moved adoption of Resolution No. 15-03 Accepting improvement and Resolution No. 16-03 Approving final estimate. Seconded by Nicholson. Motion carried 7-0. US 20 Highway Intersection Improvements: City Manager recommending approval of an addendum to the Preconstruction Agreement with the Iowa Department of Transportation to allow for the five -lane widening project from the Northwest Arterial to just west of "Old Highway Road," upon motion received and filed. Buol moved adoption of Resolution No. 17-03 Approving an addendum to the Preconstruction Agreement between the City of Dubuque and the Iowa Department of Transportation for improvements to US 20. Seconded by Nicholson. Motion carried 7-0. Henry Stout House - Irrevocable License: City Manager recommending approval of an amendment to the Irrevocable license for encroachment in the public right-of-way for HenryStout A,•,m.+n,antc to innluda City's $2,500 Preservation Services Fund grant, upon motion received and filed. Old U.S. Highway 20 Water Main Extension Project - Acceptance: City Manager recommending acceptance of the Old U.S. Highway 20 Water Main Extension Project in the final contract amount of $105,392.35, upon motion received and filed. Buol moved adoption of Resolution No. 18- 03 Accepting improvement and Resolution No. 19-03 Approving final estimate. Seconded by Buol. Motion carried 7-0. Fiscal Year 2003 Annual Action Plan Amendment #3: City Manager recommending approval of Amendment #3 to the Fiscal Year 2003 (Program Year 2002) Annual Action Plan for Community Development Block Grant funds, upon motion received and filed. Buol moved adoption of Resolution No. 20-03 Approving Amendment #3 to the Fiscal Year 2003 (Program Year 2002) Annual Action Plan for Community Development Block Grant Funds. Seconded by Nicholson. Motion carried 7-0. State Historical Society of Iowa: Communication from the State Historical Society of Iowa advising that the Ziepprecht Block Building and John Bell Block Building have been listed in the National Register of Historic Places effective December 20, 2002, upon motion received and filed. Purchase of Permits Plus Software System: City Manager recommending approval of the purchase of Permits Plus software system and a replacement network server for Housing and Community Development Department, upon motion received and filed and approved recommendation. lowa Department of Natural Resources PAYT Grant Proposal: City Manager rec- ommending approval for the Operations and Maintenance Department to seek a grant from the Iowa Department of Natural Resources for supply- ing consulting services at no charge to Iowa communities considering voluntarily imple- menting PAYT, upon motion received and filed and approved recommendation. Quarterly Investment Report: City Manager transmitting the December 31, 2002 Quarterly Investment Report, upon motion received and filed. Business License Refund: Application from Marie Moeller, Bierstube Ltd, for a refund of her beer and liquor license in the amount of $633.75, upon motion received and filed and approved refund. Business Licenses: Buol moved adoption of Resolution No. 21-03 Granting the issuance of a Class "C" Beer Permit to Dubuque Discount Gas, Liquor Depot, and Oky Doky #21 and Resolution No. 22-03 Granti ng the issuance of a Class "C" Beer/Liquor Beer/Li uor License to The Lounge and Town Clock Inn; and Class "B" Wine Permit to Liquor Depot. Seconded by Nicholson. 7-0. Mississippi River Discovery Center Wetlands, Phase II (Interior Walkways) Project - Initiate: City Manager recom- mending initiation of the bid- ding process for the Mississippi River Discovery Center Wetlands, Phase II (Interior Walkways) Project and that a public hearing be set for February 17, 2003, upon motion received and filed. Buol moved adoption of Resolution No. 24-03 Preliminary approval of plans and specifi- cations for the Mississippi River Discovery Center Wetland - Site Package Interior Walkways Project (Contract 1 - Wood Piers and Decking, Contract 2 - Wood Framing and Railings, Contract 3 - Plumbing, Contract 4 - Electrical); Resolution No. 25-03 Fixing date of hearing on plans and specifications for the Mississippi River Discovery Center Wetland - Site Package Interior Walkways Project (Contract 1 - Wood Piers and Decking, Contract 2 - Wood Framiny and Railings, Contract 3 - Plumbing, Contract 4 - Electrical) and this Public Hearing be set for 2/17/03 at a meeting to com- mence at 6:30 P.M. in the pub- lic library auditorium and that the City Clerk publish notice in the manner prescribed by law, and Resolution No. 26-03 Ordering bids for the Mississippi River Discovery Center . Wetland - Site Package Interior Walkways Project (Contract 1 . - Wood Piers and Decking, Contract 2 - Wood Framing and Railings, Contract 3 - Plumbing, Contract 4 - Electrical). Seconded by Nicholson. Motion carried 7-0. Fiscal Year 2004 Annual Action Plan: City Manager rec- ommending that a public hear- ing be set for February 26, 2003 to consider the proposed Fiscal Year 2004 Annual Action Plan, upon motion received and filed. Buol moved adoption of Resolution No. 27-03 Setting a public hearing on the Program Year 2003 (Fiscal Year 2004) Community Development , Block Grant (CDBG) Annual Plan and that this Public Hearing be set for 2/26/03 at a meeting to com- mence at 6:30 P.M. in the pub- lic library auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Nicholson. Motion carried 7-0. BOARD AND COMMIS- SIONS nt Applica s are invited to address the Council regarding their desire to serve on the fol- lowing Boards/ Commissions: Community Development Advisory Commission (Three unexpired 3-year terms for Census Tracts 2, 3 and 4; One 3-year term for At -Large - Term of Wainwright; One 3- year term for Census Tract 1 - Term of Isenhart): Applicant: Thomas Wainwright. Mr. Wainwright spoke requesting reappointment. TV Cable ' Community Teleprogramming Commission (Two unexpired 3-year terms through 6/30/03; One unex- pired 3-year term through funds to demolish the existing buildings and clean up the environmental hazards found on the property. He further clarified that they were not requesting City financial assis- tance. Michalski moved that the City Council support the effort of ARC Design Resources to dis- cover if there are state or fed- eral funds available (not local). Seconded by Markham. Carried by the following vote: Yeas —Cline, Duggan, Markham, Nicholson. Nays-- Buol, Connors, Michalski. Proof of publication on notice of hearing to consider a request from ARC Design Resources, Inc./JMC Gold Medal Meat, Inc. to rezone property located at 16th and Sycamore Streets from HI Heavy Industrial District to PUD Planned Unit Development with a PC Planned Commercial designa- tion to allow a Wal-Mart Super Center and Zoning Advisory Commission recommending denial; Communications from Mrs. Cecilia Lattner and Karen Hammel in opposition to the Wal-Mart Super Center; Communication from Dick Hartig in opposition to the City providing any financial assis- tance to Wal-Mart; Communication from Phillip A. Ruppel regarding the traffic impact of the proposed Wal- Mart development; Communication from Richard Trausch objecting to the pro- posed Communication development; p Larry McDermott regarding the pro- posed Wal-Mart development; Communication from Kenneth P. Bichel regarding the pro- posed Wal-Mart development and an Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances for hereinafter described prop- erty located at 16th and Sycamore Streets from HI Heavy Industrial District to PUD Planned Unit Development with a PC Planned Commercial designa- tion, presented and read. Nicholson moved to send this matter back to the Zoning Advisory Commission for a full membership hearing. Seconded by Cline. Carried by, the following vote: Yeas — Cline, Duggan, Markham, Nicholson. Nays—Buol, Connors, Michalski. 296 North Grandview - Request to Rezone: Proof of publication on notice of hear- ing to consider a request from James Heckmann and Tim and Malin Boge to rezone property located at 296 North Grandview Avenue from R-1 Single -Family Residential District to -OR Office Residential District and Zoning Advisory Commission recom- mending denial, Communication from James Heckmann in support of the proposed rezoning; Communication from Carol Ruden, Re/Max Advantage, in support of the rezoning, and an Ordinance amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property locate at 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 Nicholson. Vote on the motion was: Yeas—Buol, Connors, Duggan, Markham, Nicholson. Nays —Cline, Michalski. Motion failed due to lack of super majority vote. 1320 Locust - Request to Rezone: Proof of publication on notice of hearing to consid- er a request from Alfred Kopczyk to rezone property located at 1320 Locust from C-4 Downtown Commercial District, with conditions, to OC Office. Commercial District and Zoning Advisory Commission recommending approval, upon motion received and filed. Al Kopczyk, as owner of this property, spoke in support stating that the requested zon- ing had been a previous zon- ing and they needed this for their single family home. Dave Stuart, 1470 Locust, and Realtor Pat Friedman both spoke in favor of the proposed rezoning. Ordinance No. 2-03 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 1320 Locust from C-4 Downtown Commercial District, with conditions, to OC Office Commercial District, 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 filially passed be suspended and fur- ther moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. Upon motion, the rules were reinstated limiting discussion to the Council. ACTION ITEMS Cedar Crest Subdivision - Final Plat: Zoning Advisory Commission recommending approval of the final plat of Cedar Crest Subdivision as requested by Buesing and Associates/ Dan Conrad, upon motion received and filed. Cline moved adoption of Resolution No. 28-03 Approving the final plat of Lots 1-33, inclusive, of Cedar Crest Subdivision in Dubuque County, Iowa. Seconded by Markham. Motion carried 6-0 with Nicholson briefly out of the room. Stormwater Utility Citizens Advisory Committee: Mike Portzen, Chairperson of the Stormwater Utility Citizens Advisory Committee, submit- ting their final report, upon motion received and filed and referred to Staff. City Manager Michael Van Milligen clarified that a decision on this would be made at the Budget Public Hearing. u g Klauer Manufacturing Company: City Manager rec- ommending approval of an Offer to Buy Real Estate and Bell Street Sidewalk Color Pattern: City Manager recom- mending approval of a pro- posed change to the design of the Bell Street sidewalk, which is currently out for bid, which would revise the sidewalk pat- tern to match the buff and white/gray concrete pattern, around the Portside building and revise the crosswalk at Fifth and Bell Streets, upon motion received and filed and approved recommendation. Iowa League of Cities Conference: City Manager rec- ommending approval for the City to submit a bid to the Iowa League of Cities to host the annual conference in 2007, to budget $8,400 for expenses associated with the confer- ence, and to appoint a City Council Member to serve as the City's representative in planning the Conference, upon motion received and filed and approved recommendation to submit a bid and that Council Member Markham be appoint- ed as the Council representa- tive in this matter. Memorandum of Understanding with Lower Main Development, LLC: City Manager recommending approval of a Memorandum of Understanding with Lower Main Development, LLC, con- cerning the acquisition and renovation of the former Weber Paper Building, owned by Dubuque Initiatives, upon motion received and filed. Nicholson moved adoption of Resolution No. 30-03 Approving a Memorandum of Understanding with Lower Main Development, LLC. Seconded by Michalski. Motion carried 7-0. City Priorities and Issues: Washington, D.C.: City Manager recommending approval of the City of Dubuque Priorities and Requests for Federal Appropriations, upon motion received and filed and approved recommendation. Graduated Gaming Tax: City Manager submitting a letter to State legislators asking for support for a graduated gam- ing tax, upon motion received and filed. Arts and Culture Task Force: Communication from Jerry Enzler, Executive Director of the Dubuque County Historical Society, requesting Council consideration to include a rep- resentative of the Society to the recently created Arts and Culture Task Force, upon motion received and filed. Council Appointment - Airport Commission: Appointment of a Council Member (currently Council Member John Markham) to the Airport Commission for a term to expire January 15, 2004. Upon motion Council Member Markham appointed to a one year term on the Airport Commission which will expire 1/15/04. Fiscal Year 2004 Operating Budget and Capital Improvement 9 ro ment Program: m: City Manager presenting the Fiscal Year 2004 Operating Budget and Capital Improvement Program, upon motion renaniari and filed- City 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: January 29, 2003, and for which the charge is $228.76. Subscribed to before , Notary Public in and for Dubuque County, Iowa, this _5lro day of CQ !�� • , 20 ©� . 7 neverena u im Bees, Pastor, First Baptist Church. CONSENT ITEMS Minutes and Reports Submitted: Airport Commission of 12/16; Cable Community Teleprogramming Commission of 12/3; Civil Service Commission of 12/9 and 12/23; Environmental Stewardship Advisory Commission of 11/5; Five Flags Commission of. 10/21 and 11/18; Transit Board of 11/14; Zoning Advisory Commission of 1/8; Zoning, Board of Adjustment of 12/19, upon motion received and filed. Proofs of publication of City Council proceedings of. December 9 and December 16, 2002; and List of Claims and Summary of Revenues for month ending November 30, 2002, upon motion received and filed. Printed Official Council Proceedings for month of November, 2002, upon motion received and filed and approved as printed. Finance Director submitting the financial reports for the month ending December 31, 2002, upon motion received and filed. Fiscal Year 2003 Second Quarter Report from the Substance Abuse Services Center, upon motion received and filed. Notice of Claims/Suits: Damian Baumhover for prop- erty damage; Paul J.. Behnke for vehicle damage; Tim Bushman for property dam- age; William Gerlach for vehi- cle damage; Janice Hoerner for personal injury; Patricia Morrison for personal injury; 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: Corporation Counsel recom- mending denial of the claim of. Fannie Stout House for prop- erty damage, upon motion received and filed and con- curred. Corporation Counsel recom- mending settlement of the claim of Paul Behnke for prop- erty damage and William Gerlach for vehicle damage and directing Finance Director to issue proper payment, upon motion received and filed and concurred and Finance Director to issue payments. Citizen Communication: Communication from Mary Alice Walsh regarding the recently enacted "No Parking at Any Time" restriction on Kane Street, upon motion received and filed. Community Development Advisory Commission: Communication from R.J. Sullivan submitting his resig- nation from the Community Development Advisory Commission, upon motion received and filed and accept- ed resignation. Civil Service Commission: Civil Service Commission sub- mitting the certified list for the positions of Assistant Police Chief, Police Captain, and Police Lieutenant, upon motion received and filed and made a matter of record. Wal-Mart Stores,.Inc. Tax Appeal: Corporation Council submitting a Stipulation of Settlement of a tax assess- ment appeal for property located at 4200 Dodge Street, legally described 'as Lot 2, Wal-Mart ' Subdivision, Dubuque, Iowa, upon motion received and filed and approved settlement. 2389 University Avenue - Final Plat: Zoning Advisory Commission recommending approval of the plat of survey h f ' themVla U J Fn nwa VI I ronssrssip i ruver ursuuvei 1 rvnc iaan 1r 1 vrainance aeuol ivav UV 1 LtI1 R/ iaw MO NUI I GU II-4 U. Approving t e VIGIL o sus vey.of Lot 1 of 1 of 224 and Lot 2 of 1 of 224 Finley's Addition. Seconded by Nicholson. Motion carried 7-0. O'Mara Second Subdivision - Plat of Subdivision: Zoning Advisory Commission recom- mending approval of the plat of subdivision of Lot 1 and 2 of O'Mara Second Subdivision (11983 Kennedy Road) at the request of Roger Kurt/Joseph and Beverly O'Mara, upon motion received and filed. Buol moved adoption of Resolution No. 13-03 Approving the plat of subdivision of Lot 1 and Lot 2 of O'Mara Second Subdivision in the County of Dubuque; Iowa. Seconded by Nicholson. Motion carried 7-0. 2002 Sidewalk Assessment Project: City Manager recom- mending approval of the final assessment schedule for the 2002 Sidewalk Assessment Project, upon motion received and filed. Buol moved adop- tion of Resolution No. 14-03 Adopting the final assessment schedule for the 2002 Sidewalk Assessment Project including certain information required by the Code of Iowa, specifically, the number of annual installments into which assessments are divided, the interest on all unpaid install- ments, the time when the assessments are payable and directing the Clerk to certify the final schedule and to pub- lish notice thereof. Seconded by Nicholson. Motion carried 7-0. Chavenelle Drive Acceptance: City Manager recommending acceptance of the Chavenelle Drive Extension Project in the final contract amount of $583,148.07 as completed by Portzen Construction, Inc., upon motion received and filed. Buol moved adoption of Resolution No. 15-03 Accepting improvement and Resolution No. 16-03 Approving final estimate. Seconded by Nicholson. Motion carried 7-0. US 20 Highway Intersection Improvements: City Manager recommending approval of an addendum to the Preconstruction Agreement with the Iowa Department of Transportation to allow for the five -lane widening project from the Northwest Arterial to just west of "Old Highway Road," upon motion received and filed. Buol moved adoption of Resolution No. 17-03 Approving an addendum to the Preconstruction Agreement between the City of Dubuque and the Iowa Department of Transportation for improvements to US 20. Seconded by Nicholson. Motion carried 7-0. Henry Stout House - Irrevocable License: City Manager recommending approval of an amendment to the irrevocable license for encroachment in the public right-of-way for HenryStout Place. Apartments to include an encroachment for a set of steps on the Iowa Street side- walk, upon motion received and filed and approved recom- mendation. Conservation Design Forum: Council Member Joyce Connors submitting informa- tion on Conservation Design Forum (CDF), with respect to identifying potential cost effec- tive, ecologically sustainable stormwater management alter- natives, upon motion received and filed. National Trust for Historic Preservation: Communication from Genell Scheurell, Midwest Office - National Trust for Historic Preservation, thanking Laura Carstens, Planning Services Manager, for submitting the final report Viand project summary for the. Water Main Extension Project in the final contract amount of $105,392.35, upon motion received and filed. Buol moved adoption of Resolution No. 18- 03 Accepting improvement and Resolution No. 19-03 Approving final estimate. Seconded by Buol. Motion carried 7-0. Fiscal Year 2003 Annual Action Plan Amendment #3: City Manager recommending approval of Amendment #3 to the Fiscal Year 2003 (Program Year 2002) Annual Action Plan for Community Development Block Grant funds, upon motion received and filed. Buol moved adoption of Resolution No. 20-03 Approving Amendment #3 to the Fiscal Year 2003 (Program Year 2002) Annual Action Plan for Community Development Block Grant Funds. Seconded by Nicholson. Motion carried 7-0. State Historical Society of Iowa: Communication from the State Historical Society of Iowa advising that the Ziepprecht Block Building and John Bell Block Building have been listed in the National Register of Historic Places effective December 20, 2002, upon motion received and filed. Purchase of Permits Plus Software System: City Manager recommending approval of the purchase of Permits Plus software system and a replacement network server for Housing and Community Development Department, upon motion received and filed and approved recommendation. Iowa Department of Natural Resources PAYT Grant Proposal: City Manager rec- ommending approval for the Operations and Maintenance Department to seek a grant from the Iowa Department of Natural Resources for supply- ing consulting services at no charge to Iowa communities considering voluntarily imple- menting PAYT, upon motion received and filed and approved recommendation. Quarterly Investment Report: City Manager transmitting the December 31, 2002 Quarterly Investment Report, upon motion received and filed. Business License Refund: Application from Marie Moeller, Bierstube Ltd, for a refund of her beer and liquor license in the amount of $633.75, upon motion received and filed and approved refund. Business Licenses: Buol moved adoption of Resolution No. 21-03 Granting the issuance of a Class "C" Beer Permit to Dubuque Discount Gas, Liquor Depot, and Oky Doky #21 and Resolution No. 22-03 Granting the issuance of a Class "C" Beer/Liquor License to The Lounge and Town Clock Inn; and Class "B" Wine Permit to Liquor Depot. Seconded by Nicholson. Motion carried 7-0. ITEMS TO BE SET FOR PUBLIC HEARING Disposal of Property to Dubuque Initiatives: City Manager recommending that a public hearing be set for February 3, 2003 to consider the disposal of real property in the Port of Dubuque to Dubuque Initiatives, upon motion received and filed. Buol moved adoption of Resolution No. 23-03 of Intent to dispose of real property by deed to Dubuque Initiatives and further moved that this be set for Public Hearing on 2/3/03 at a meeting to commence at 6:30 P.M. in the public library audi- torium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Nicholson. Motion carried Center Wetlands, Phase II (Interior Walkways) Project and that a public hearing be set for February 17, 2003, upon motion received and filed. Buol moved adoption of Resolution No. 24-03 Preliminary approval of plans and specifi- cations for the Mississippi River Discovery Center Wetland - Site Package Interior Walkways Project (Contract 1 - Wood Piers and Decking, Contract 2 - Wood Framing and Railings, Contract 3 - Plumbing, Contract 4 - Electrical); Resolution No. 25-03 Fixing date of hearing on plans and specifications for the Mississippi River Discovery Center Wetland - Site Package Interior Walkways Project (Contract 1 - Wood Piers and Decking, Contract 2 - Wood Framiny and Railings, Contract 3 - Plumbing, Contract 4 - Electrical) and this Public Hearing be set for 2/17/03 at a meeting to com- mence at 6:30 P.M. in the pub- lic library auditorium and that the City Clerk publish notice in the manner prescribed by law, and Resolution No. 26-03 Ordering bids for the Mississippi River Discovery Center Wetland - Site Package Interior Walkways Project (Contract 1 , - Wood Piers and Decking, Contract 2 - Wood Framing and Railings, Contract 3 - Plumbing, Contract 4 - Electrical). Seconded by Nicholson. Motion carried 7-0. Fiscal Year 2004 Annual Action Plan: City Manager rec- ommending that a public hear- ing be set for February 26, 2003 to consider the proposed Fiscal Year 2004 Annual Action Plan, upon motion received and filed. Buol moved adoption of Resolution No. 27-03 Setting a public hearing on the Program Year 2003 (Fiscal Year 2004) Community Development Block Grant (CDBG) Annual Plan and that this Public Hearing be set for 2/26/03 at a meeting to com- mence at 6:30 P.M. in the pub- lic library auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Nicholson. Motion carried 7-0. BOARD AND COMMIS- SIONS Applicants are invited to address the Council regarding their desire to serve on the fol- lowing Boards/ Commissions: Community. Development Advisory Commission (Three unexpired 3-year terms for Census Tracts 2, 3 and 4; One 3-year term for At -Large - Term of Wainwright; One 3- year term for Census Tract 1 - Term of Isenhart): Applicant: Thomas Wainwright. Mr. Wainwright spoke requesting reappointment. TV Cable ' Community Teleprogramming Commission (Two unexpired 3-year terms through 6/30/03; One unex- pired 3-year term through 6/30/05): Applicant: Burton Everist. Mr. Everist spoke requesting appointment. PUBLIC HEARINGS Upon motion the rules were suspended to allow anyone present to speak. ARC Design Resources, Inc.! JMC Gold Medal Meat, Inc.: Communication from ARC Design Resources Inc., on behalf of Wal-Mart Stores, Inc. requesting support of City Council to determine if there are private or government local, state or federal funds available for assistance with this project. Joseph Altedhoff, ARC Design Resources, Inc., spoke requesting that the City Council assist with determin- ing possible s)urces of gov- ernment, local, state or federal Council support the effort of ARC Design Resources to dis- cover if there are state or fed- eral funds available (not local). Seconded by Markham. Carried by the following vote: Yeas —Cline, Duggan, Markham, Nicholson. Nays— Buol, Connors, Michalski. Proof of publication on notice of hearing to consider a request from ARC Design Resources, Inc./JMC Gold Medal Meat, Inc. to rezone property located at 16th and Sycamore Streets from HI Heavy Industrial District to PUD Planned Unit Development with a PC Planned Commercial designa- tion to allow a Wal-Mart Super Center and Zoning Advisory Commission recommending denial; Communications from Mrs. Cecilia Lattner and Karen Hammel in opposition to the Wal-Mart Super Center; Communication from Dick Hartig in opposition to the City providing any financial assis- tance to Wal-Mart; Communication from Phillip A. Ruppel regarding the traffic impact of the proposed Wal- Mart development; Communication from Richard Trausch objecting to the pro- posed Wal-Mart development; Communication from Larry McDermott regarding the pro- posed Wal-Mart development; Communication from Kenneth P. Bichel regarding the pro- posed Wal-Mart development and an Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances for hereinafter described prop- erty located at 16th and Sycamore Streets from HI Heavy Industrial District to PUD Planned Unit Development with a PC Planned Commercial designa- tion, presented and read. Nicholson moved to send this matter back to the Zoning Advisory Commission for a full membership hearing. Seconded by Cline. Carried by the following vote: Yeas — Cline, Duggan, Markham, Nicholson. Nays—Buol, Connors, Michalski. 296 North Grandview - Request to Rezone: Proof of publication on notice of hear- ing to consider a request from James Heckmann and Tim and Malin Boge to rezone property located at 296 North Grandview Avenue from R-1 Single -Family - Residential District - to - OR Office Residential District and Zoning Advisory Commission recom- mending denial, Communication from James Heckmann in support of the proposed rezoning; Communication from Carol Ruden, Re/Max Advantage, in support of the rezoning, and an Ordinance amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter located at described property 296 North Grandview Avenue from R-1 Single -Family Residential District to OR Office/High Density Multi - Family Residential District, presented and read. Attorney Jim Heckmann spoke in favor of the rezoning which would provide the cor- rect zoning for his law office. Bob Felderman and Carol Ruden both spoke in favor of the proposed rezoning. John Arenz, speaking for his mother at 275 N. Grandview, Joan and Frank Belcastro at 285 N. Grandview, Bill and Tammy Pfab of 235 N. Grandview, and Sheila Vierkant of 210 N. Grandview, all spoke In opposition to this change from residential zon- ing. Buol moved that the requirement that a proposed Nicholson. Vote on the motion was: Yeas—Buol, Connors, Duggan, Markham, Nicholson. Nays —Cline, Michalski. Motion failed due to lack of super majority vote. 1320 Locust - Request to Rezone: Proof of publication on notice of hearing to consid- er a request from Alfred Kopczyk to rezone property located at 1320 Locust from C-4 Downtown Commercial District, with conditions, to OC Office Commercial District and Zoning Advisory Commission recommending approval, upon motion received and filed. Al Kopczyk, as owner of this property, spoke in support stating that the requested zon- ing had been a previous zon- ing and they needed this for their single family home. Dave Stuart, 1470 Locust, and Realtor Pat Friedman both spoke in favor of the proposed rezoning. Ordinance No. 2-03 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 1320 Locust from C-4 Downtown Commercial District, with conditions, to OC Office Commercial District, 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. Upon motion the rules were reinstated limiting discussion to the Council. ACTION. ITEMS Cedar Crest Subdivision - Final Plat: Zoning Advisory Commission recommending approval of the final plat of Cedar Crest Subdivision as requested by Buesing and Associates/ Dan Conrad, upon motion received and filed. Cline moved adoption of Resolution No. 28-03 Approving the final plat of Lots 1-33, inclusive, of Cedar Crest Subdivision in Dubuque County, Iowa. Seconded by Markham. Motion carried 6-0 with Nicholson briefly out of the room. Stormwater Utility Citizens Advisory Committee: Mike Portzen, Chairperson of the Stormwater Utility Citizens Advisory Committee, submit- ting their final report, upon motion received and filed and referred to Staff. City Manager Michael Van Milligen clarified that a i decision on this would be made at the Budget Public Hearing. Klauer Manufacturing Company: City Manager rec- ommending approval of an Offer to Buy Real Estate and Acceptance for the property on the Fourth Street Peninsula owned by Klauer Manufacturing Company and in recognition of the $250,000 cash and land donation It is recommended that the plaza directly adjacent and east of the Grand River Center be named the W.J. Klauer Family Plaza, upon motion received and filed. Markham moved adoption of Resolution No. 29- 03 Approving an Offer to Buy and Acceptance for the pur- chase of certain real estate in Dubuque County, Iowa from Klauer ` Manufacturing Company. Seconded by Cline. Motion carried 7-0. Markham and Duggan expressed appreciation to the Klauer family. white/gray concrete pattern, around the Portside building' and revise the crosswalk at Fifth and Bell Streets, upon motion received and filed and approved recommendation. Iowa League of Cities Conference: City Manager rec- ommending approval for the City to submit a bid to the Iowa League of Cities to host the annual conference in 2007, to budget $8,400 for expenses associated with the confer- ence, and to appoint a City Council Member to serve as the City's representative in planning the Conference, upon motion received and filed and approved recommendation to submit a bid and that Council Member Markham be appoint- ed as the Council representa- tive in this matter. Memorandum of Understanding with Lower Main Development, LLC: City Manager recommending approval of a Memorandum of Understanding with Lower Main Development, LLC, con- cerning the acquisition and renovation of the former Weber Paper Building, owned by Dubuque Initiatives, upon motion received and filed. Nicholson moved adoption of Resolution No. 30-03 Approving a Memorandum of Understanding with Lower Main Development, LLC. Seconded by Michalski. Motion carried 7-0. City Priorities and Issues: Washington, D.C.: City Manager recommending approval of the City of Dubuque Priorities and Requests for Federal Appropriations, upon motion received and filed and approved recommendation. Graduated Gaming Tax: City Manager submitting a letter to State legislators asking for support for a graduated gam- ing tax, upon motion received and filed. Arts and Culture Task Force: Communication from Jerry Enzler, Executive Director of the Dubuque County Historical Society, requesting Council consideration to include a rep- resentative of the Society to the recently created Arts and Culture Task -Force, upon motion received and filed. Council Appointment - Airport Commission: Appointment of a Council Member (currently Council Member John Markham) to the Airport Commission for a term to expire January 15, 2004. Upon motion Council Member Markham appointed to a one year term on the Airport Commission which will expire 1/15/04. Fiscal Year 2004 Operating Budget and Capital Improvement Program: City Manager presenting the Fiscal Year 2004 Operating Budget ; and Capital Improvement Program, upon motion received and filed. City Manager Michael Van Milligen presented an overview of the proposed FY 04 Budget. COUNCIL MEMBER REPORTS Nicholson stated he had been reappointed to the Information Technology Committee of the National League of Cities. Michalski stated the Martin Luther King celebrations were well attended and the Mayor's remarks were very good. There being no further busi- ness, upon motion meeting adjourned at 8:58 P.M. /s/ Jeanne F. Schneider, CMC City Clerk it 1/29 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: January 29, 2003, and for which the charge is $228.76. Subscribed to before , Notary Public in and for Dubuque County, Iowa, this /lam day of , 20 !'.g . e otary Public in and for Dubuque County, Iowa. It. r$TERYEYER Commission Number 154885 0 My Comm. Exp. FEB. 1, 2005